Cupertino City Council
September 17, 2024

BE IT FURTHER RESOLVED
(b) City of Cupertino has fully complied with any and all applicable provisions of Government Code Section 7507 in electing the benefits set forth above; and be it further

RESOLVED, (c) That the participation of the employees and annuitants of City of Cupertino shall be subject to determination of its status as an “agency or instrumentality of the state or political subdivision of a State” that is eligible to participate in a governmental plan within the meaning of Section 414(d) of the Internal Revenue Code, upon publication of final Regulations pursuant to such Section. If it is determined that City of Cupertino would not qualify as an agency or instrumentality of the state or political subdivision of a State under such final Regulations, CalPERS may be obligated, and reserves the right to terminate the health coverage of all participants of the employer; and be it further

RESOLVED, (d) That the executive body a ppoint and direct, and it does hereby appoint and direct, City Clerk to file with City Council, to file with the Board a verified copy of this resolution, and to perform on behalf of City of Cupertino all functions required of it under the Act; and be it further

RESOLVED, (e) That coverage under the Act be effective on January 1, 2025.

PASSED AND ADOPTED at a regular meeting of the City of Cupertino City Council at Cupertino this 17th day of September, 2024, by the following vote:

Members of the City Council

AYES:

NOES:

ABSENT:

ABSTAIN:

178
CC 09-17-2024
178 of 233
Resolution No. __________________

SIGNED:

________
Sheila Mohan, Mayor
City of Cupertino

________________________
Date
ATTEST:

________
Kirsten Squarcia, City Clerk

________________________
Date

179
CC 09-17-2024
179 of 233

CITY OF CUPERTINO
Agenda Item
24-13338 Agenda Date: 9/17/2024
Agenda #: 11.

Subject: Designation of Residential Permit Parking (RPP) on the north side of Lauretta Drive between Ann Arbor Avenue to 200 feet east of Ann Arbor Avenue, the south side of Lauretta Drive between Ann Arbor Avenue and a point 150 feet east of Ann Arbor Avenue, and on Ann Arbor Avenue between Lauretta Drive and Hazelbrook Drive.

Conduct the first reading of and introduce Ordinance 24-2264, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CITY CODE SECTION 11.27.145,

DESIGNATION OF PREFERENTIAL PARKING ZONES, TO ADD LAURETTA DRIVE BETWEEN ANN ARBOR AVENUE AND A POINT 200 FEET EAST OF ANN ARBOR AVENUE (NORTH SIDE), LAURETTA AVENUE BETWEEN ANN ARBOR AVENUE AND A POINT 150 EAST OF ANN

ARBOR (SOUTH SIDE), AND ANN ARBOR AVE BETWEEN LAURETTA DRIVE AND HAZELBROOK DRIVE (DAILY, 7:00 A.M. TO 10:00 P.M.)"
Presenter: David Stillman, Transportation Manager
CITY OF CUPERTINO Printed on 9/11/2024Page 1 of 1
powered by Legistar™
180
CC 09-17-2024
180 of 233

CITY COUNCIL STAFF REPORT
Meeting: September 17, 2024

Subject
Designation of Residential Permit Parking (RPP) on the north side of Lauretta Drive between Ann Arbor Avenue to 200 feet east of Ann Arbor Avenue, the south side of Lauretta Drive between Ann Arbor Avenue and a point 150 feet east of Ann Arbor Avenue, and on Ann Arbor Avenue between Lauretta Drive and Hazelbrook Drive.

Recommended Action
Conduct the first reading of Ordinance 24-XXX, designating a Residential Permit Parking Zone on Lauretta Drive between Ann Arbor Avenue to 200 feet east of Ann Arbor Avenue (north side), Lauretta Drive between Ann Arbor Avenue to 150 feet east of Ann Arbor Avenue (south side), and on Ann Arbor Avenue between Lauretta Drive and Hazelbrook Drive, daily between 7 a.m. and 10 p.m.

Reasons for Recommendation
Established under the authority of California Vehicle Code Section 22507, Cupertino Municipal Code Chapter 11.27 was established to allow designation of preferential parking zones in Cupertino. Preferential parking zones, also known as permit parking zones, involve a parking restriction on designated streets from which residents are exempt if a valid permit is displayed on their vehicle. These areas are generally areas permitted to prevent overflow parking from outside the neighborhood from encroaching on residential streets from within a neighborhood. Residential neighborhoods located near schools or large parks can be especially susceptible to the impacts of overflow parking, often to the extent that the residents themselves have difficulty finding on-street parking near their home. The establishment of preferential permit parking zones, through the process outlined below, is a means of addressing this issue.

The process for a resident to request a preferential parking zone includes:
 Staff review of the request to ensure that the establishment of a permit parking zone will not negatively impact adjacent streets that may not have permit parking.  Resident c irculation of a petition in support of establishing permit parking is needed.
181
CC 09-17-2024
181 of 233

 Requirement that two-thirds of residents that front the proposed permit parking zone support the change to proceed with the request.
 Confirmation by staff that residents received the petition, and the results are valid.
 Payment of fee per the City authorized Fee Schedule.
 Consideration by City Council and enactment of ordinance revisions.

In this instance, each of the process steps listed above has been completed except for the City Council adoption and enactment of the ordinance.

Ann Arbor Avenue and Lauretta Drive are residential streets in the Garden Gate neighborhood of the City (see Attachment B for map of area). These streets are very close to and within walking distance of Memorial Park. Due to the proximity of these streets to park amenities, some park visitors use these streets for parking rather than park in one of Memorial Park's two parking lots. Due to the recent increased use of park amenities at Memorial Park, Ann Arbor Avenue and Lauretta Drive have become impacted by overflow parking from park users. A contributing factor is that Christensen Drive and Ann Arbor Court, which are immediately adjacent to the northern edge of Memorial Park, are currently designated permit parking areas (these streets were designated a permit parking area in 1996) and therefore are unavailable for parking by the general public. A petition has been received from residents on Ann Arbor Avenue and Lauretta Drive requesting permit parking be established daily between 7 a.m. and 10 p.m. to coincide with the restriction on the neighboring permit parking zones along Christensen Drive and Ann Arbor Court.

The petition has been signed by 81 percent (9 out of 11) of the neighborhood's property owners, and all steps of the process as outlined above have been completed, with the final step of City Council consideration being addressed with the proposed recommended action. The 11 residents understand that they will be subject to enforcement during the posted times and that permits will need to be displayed on their vehicles when parking on the street. All 11 residents, as well as nearby residents in the neighborhood, have been notified that this item will be considered by the City Council on September 17.

City Council is not obligated to approve an application for a preferential parking zone. If Council believes the creation of a preferential parking zone would significantly inconvenience or incommode the general public, the application for preferential parking zone may be denied. If the application is denied, no further action is necessary. Initial application fees paid by the applicant for the administrative work performed to date would be forfeit, and no additional fees would be collected for implementation.

Sustainability Impact
No sustainability impact.

Fiscal Impact
182
CC 09-17-2024
182 of 233

A fee of $1,411 has been paid by the neighborhood for administrative costs related to review of the petition per the City’s fee schedule. Upon approval of the second reading of the ordinance, an additional fee of $1,149 will be paid by the neighborhood for costs related to fabrication and installation of signs. The ongoing costs for establishing this permit parking zone are paid for by the City (approximately $240 annually), as the City does not charge residents for ongoing renewal of permits.

California Environmental Quality Act (CEQA)
This action is not subject to environmental review because it is not a project, or alternatively, it is exempt from environmental review under CEQA Guidelines section 15301(c) minor alteration of existing street. Additionally, the project is exempt from environmental review per CEQA section 15061(b)(3) due to there being no possibility of significant effect on the environment because of the parking restrictions on Ann Arbor Avenue and Lauretta Drive.
_____________________________________

Prepared by: David Stillman, Transportation Manager
Reviewed by: Chad Mosley, Director of Public Works
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Draft Ordinance
B – Permit Parking Map

183
CC 09-17-2024
183 of 233
Attachment A
1 ORDINANCE NO. __________________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CITY CODE SECTION 11.27.145, DESIGNATION OF PREFERENTIAL

PARKING ZONES, TO ADD LAURETTA DRIVE BETWEEN ANN ARBOR
AVENUE AND A POINT 200 FEET EAST OF ANN ARBOR AVENUE (NORTH

SIDE), LAURETTA AVENUE BETWEEN ANN ARBOR AVENUE AND A POINT 150 EAST OF ANN ARBOR (SOUTH SIDE), AND ANN ARBOR AVE BETWEEN LAURETTA DRIVE AND HAZELBROOK DRIVE (DAILY, 7:00 A.M. TO 10:00 P.M.)

The City Council of the City of Cupertino finds that:

WHEREAS, under the provisions of Section 22507 of the California Vehicle Code (CVC), Municipal Code Chapter 11.27 allows the City Council to establish preferential parking zones in Cupertino.

WHEREAS, exemptions from such prohibition, when not otherwise indicated, will be by securing and displaying in a vehicle a type of parking permit described in Chapter 11.27.

WHEREAS, Christensen Drive, and Ann Arbor Court between Christensen Drive and Lauretta Drive, currently have an established preferential permit parking zone; and

WHEREAS, as a result of increased public use of Memorial Park, there is an increased influx of parking within the neighborhood adjacent to the establ ished preferential permit parking zone; and

WHEREAS, in conformance with the City’s established preferential parking zone program, a successful petition has been received by residents along the north side of Lauretta Drive between Ann Arbor Avenue and a point 200 feet east of Ann Arbor Avenue, the south side of Lauretta Drive between Ann Arbor and a point 150 feet east of Ann Arbor Avenue, and by residents of Ann Arbor Avenue between Lauretta Drive and Hazelbrook Drive, in which greater than two -thirds of residents support the establishment of a preferential parking zone; and

WHEREAS, necessary fees have been paid by residents of Lauretta Drive and Ann Arbor Avenue in conformance with the approved fee schedule to enable staff to bring the approval of this ordinance forward for City Council consideration.

184
CC 09-17-2024
184 of 233
Ordinance No. __________

NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:

SECTION 1. Adoption.

The Cupertino Municipal Code is hereby amended as set forth in Attachment A, at the bottom of this ordinance.

SECTION 2: Severability and Continuity.

The City Council declares that each section, sub -section, paragraph, sub -paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub -section, paragraph, sub -paragraph, sentence, clause and phrase of this ordinance. If any section, sub -section, paragraph, sub -paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous pr ovisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions.

SECTION 3: Effective Date.

This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937.

SECTION 4: Publication.

The City Clerk shall give notice of adoption of this Ordinance as required by law.

Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and a gainst the ordinance.
185
CC 09-17-2024
185 of 233
Ordinance No. __________

INTRODUCED at a regular meeting of the Cupertino City Council on September 17, 2024, and enacted at a regular meeting of the Cupertino City Council on October 1, 2024 by the following vote:

Members of the City Council

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:

__________________
Sheila Mohan, Mayor
City of Cupertino

________________________
Date
ATTEST:

__________________
Kirsten Squarcia, City Clerk

________________________
Date
APPROVED AS TO FORM:

__________________
Christopher Jensen, City Attorney

________________________
Date

186
CC 09-17-2024
186 of 233
Attachment A
Attachment A – Page 1

Attachment A – An ordinance to amend Table 11.27.145, adding Ann Arbor Avenue and Lauretta Drive to list of streets with Preferential Parking Zones

The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows:

11.27.145 Designation of Preferential Parking Zones.

The following street areas are designated as preferential parking zones under this chapter:

Street Limits Special Hours
Ann Arbor
Avenue
Lauretta Drive to Hazelbrook Drive Daily 7:00 a.m.-- 10:00 p.m.

Ann Arbor
Court
Lauretta Drive to Christensen Daily 7:00 a.m.-- 10:00 p.m.

August Lane All M--F 9:00 a.m.-- 5:00 p.m.

Barbara Lane East side M--F 8:00 a.m.-- 7:30 p.m.

Barbara Lane Scofield Drive to Pepper Tree Lane Sat 8:00 a.m.--4:00 p.m.

Black Oak Way Sycamore Drive to end Sat, Sun, holidays 7:00 a.m.-- 4:00 p.m.

Bonny Drive Sola to Scofield M--F 8:00 a.m.-- 7:30 p.m.

Bonny Drive Scofield Drive to Shelly Drive Sat 8:00 a.m.--4:00 p.m.

Byrne Avenue McClellan to 200 feet north M--F 8:00 a.m.-- 4:00 p.m.

Canyon Oak
Way
Cristo Rey Drive to 21101 Canyon Oak Way Sat, Sun, holidays 7:00 a.m.-- 4:00 p.m.

Cedar Tree Lane Blaney to Orange Tree Lane Sun 7:00 a.m.-- 12:00 p.m.

Cedar Tree
Court
Cedar Tree Lane to end of cul de sac Sun 7:00 a.m.-- 12:00 p.m.

Christensen
Drive
All Daily 7:00 a.m.-- 10:00 p.m.

Clearcreek
Court
All F--Sun 6:00 p.m.-- 2:00 a.m.

Clearwood
Court
All F--Sun 6:00 p.m.-- 2:00 a.m.
187
CC 09-17-2024
187 of 233
Ordinance No. __________

Attachment A – Page 2
Dolores Avenue Byrne Avenue to 200 feet west of Orange
Avenue
M--F 7:00 a.m.-- 4:00 p.m.
while school is in session
Fairwoods
Court
South Stelling Road to end Daily
Fenway Court All Daily 7:00 a.m.-- 10:00 p.m.

Fort Baker Drive Presidio to Hyannisport M--F 8:00 a.m.-- 3:30 p.m.

Hammond Way East end to west end Sat, Sun, holidays 7:00 a.m.-- 4:00 p.m.

Hyannisport
Drive
Fort Baker to Linda Vista Drive M--F 7:00 a.m.-- 4:00 p.m. while school is in session
Imperial
Avenue
Alcazar Avenue to McClellan Road M--F 8:00 a.m.-- 3:30 p.m. while school is in session
Juniper Court Oak Valley Road to end Sat, Sun, holidays 7:00 a.m.-- 4:00 p.m.

Larry Avenue Merritt Drive to Lucille Avenue M--F, 8:00 a.m.-4:00 p.m.

Lauretta Drive North side, Ann Arbor Avenue to a point 200 feet east of Ann Arbor Avenue
Daily, 7:00 a.m.—10:00 p.m.

Lauretta Drive South side, Ann Arbor Avenue to a point 150 feet east of Ann Arbor Avenue
Daily, 7:00 a.m. – 10:00 p.m.

Lily Avenue All M--F 8:00 a.m.-- 7:30 p.m.

Lily Court All M--F 8:00 a.m.-- 7:30 p.m.

Madrid Road From McClellan Road to the end M--F 7:00 a.m.- -4:00 p.m.

McClellan Road East side, 430 feet west of Byrne Avenue to Madrid Road
M--F 7:00 a.m.-- 4:00 p.m.

Merritt Drive Blaney to east of Baywood Court 100 feet Sun 7:00 a.m.-- 12:00 p.m.

Merritt Drive Vista Drive to Orange Tree Lane M--F, 8:00 a.m.-4:00 p.m.

New Haven
Drive
All M--F 8:00 a.m.-- 3:30 p.m.

Noble Fir Court All Daily, 8:00 a.m.-7:30 p.m.

Noonan Court All M--F 8:00 a.m.-- 4:00 p.m.

Oak Valley
Road
Cupertino City limit to Sycamore Drive Sat, Sun, holidays 7:00 a.m.-- 4:00 p.m.

Old Town Court All M--F 8:00 a.m.-- 3:30 p.m.
188
CC 09-17-2024
188 of 233
Ordinance No. __________

Attachment A – Page 3
Orange Avenue East side McClellan to Noonan Court M--F 8:00 a.m.-- 4:00 p.m.

Orange Avenue West side McClellan to Dolores M--F 8:00 a.m.-- 4:00 p.m.

Orange Tree
Lane
Cedar Tree Lane south 175 feet Sun 7:00 a.m.-- 12:00 p.m.

Pacifica Avenue Northside from Torre Avenue to a point 460 feet easterly thereof
M--F 7:00 a.m. - 3:00 p.m.,
except holidays
Peppertree Lane All M--F 8:00 a.m.-- 7:30 p.m.

Peppertree Lane Stelling Road to Sat 8:00 a.m.--4:00 p.m.

Phar Lap Drive Stevens Creek Blvd. to Clearcreek Court F--Su 6:00 p.m.-- 2:00 a.m.

Presidio Drive Fort Baker to New Haven M--F 8:00 a.m.-- 3:30 p.m.

Presidio Drive Providence Court to New Haven Court M--F 8:00 a.m.-- 3:30 p.m.

Presidio Drive 100 feet east of New Haven Court to 100
feet west of New Haven Court
M--F 8:00 a.m.-- 3:30 p.m.

Randy Lane Merritt Drive to Lucille Avenue M--F 8:00 a.m.- 4:00 p.m.

Red Fir Court All Daily, 8:00 a.m.-7:30 p.m.

Rodrigues
Avenue
Southside from Torre Avenue to a point 230
feet easterly thereof
M--F 7:00 a.m. - 5:00 p.m.,
except holidays
Rodrigues
Avenue
Southside from a point 300 feet east of Torre
Avenue to a point 340 feet easterly there of
Daily
Rodrigues
Avenue
Southside from a point 340 feet east of Torre
Avenue to a point 625 feet easterly thereof
M--F 7:00 a.m.- 5:00 p.m.,
except holidays
Rose Blossom McClellan to Lily Way M--F 8:00 a.m.-- 7:30 p.m.

Santa Lucia
Road
Stevens Canyon to Merriman Road Daily
Scofield Drive Barbara to Western M--F 8:00 a.m.-- 7:30 p.m.

September
Court
All M--F 9:00 a.m.-- 5:00 p.m.

September Drive McClellan to 200 feet south of August Lane M--F 9:00 a.m.-- 5:00 p.m.

Serra Street All Sat, Sun, holidays 6:00 a.m.--
2:00 p.m.

Shattuck Drive All M--F 8:00 a.m. - 3:30 p.m.
when school is in session
Shelly Drive Bonny to Westacres M--F 8:00 a.m.-- 7:30 p.m. 189
CC 09-17-2024
189 of 233
Ordinance No. __________

Attachment A – Page 4
Stelling Road McClellan to Erin Daily
Stevens Canyon
Road
West side Santa Lucia north 200 feet Daily
Sycamore Drive St. Joseph Avenue to Oak Valley Road Sat, Sun, holidays 7:00 a.m.-- 4:00 p.m.

Torre Avenue Eastside from Rodrigues Avenue to a point
265 feet southerly thereof
M--F 7:00 a.m.- 5:00 p.m.,
except holidays
Tula Court All First Saturday of each month
8:00 a.m.--12:00 p.m.

Tula Lane All First Saturday of each month
8:00 a.m.--12:00 p.m.

White Fir Court All Daily, 8:00 a.m.-7:30 p.m.

Wilkinson Ave Hyannisport to Columbus M--F 8:00 a.m.-- 3:30 p.m.

190
CC 09-17-2024
190 of 233
Attachment B
Christensen Dr
Ann Arbor Ave
Memorial Park Parking
191
CC 09-17-2024
191 of 233

CITY OF CUPERTINO
Agenda Item
24-13319 Agenda Date: 9/17/2024
Agenda #: 12.

Subject: Adoption of local amendments to the California Energy Code and repeal of Municipal Code Chapter 16.32 (Local Sustainability Requirements for Newly Adopted Buildings) Conduct a first reading of and introduce Ordinance No. 24-2265, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REPEALING MUNICIPAL CODE CHAPTER 16.32:

LOCAL SUSTAINABILITY REQUIREMENTS FOR NEWLY CONSTRUCTED BUILDINGS, AND ADOPTING LOCAL AMENDMENTS TO CALIFORNIA ENERGY CODE”
Presenter: Christopher Jensen, City Attorney
CITY OF CUPERTINO Printed on 9/11/2024Page 1 of 1
powered by Legistar™
192
CC 09-17-2024
192 of 233

CITY COUNCIL STAFF REPORT
Meeting: September 17, 2024

Subject
Adoption of local amendments to the California Energy Code and repeal of Municipal Code Chapter 16.32 (Local Sustainability Requirements for Newly Adopted Buildings)

Recommended Action
Conduct a first reading of and introduce Ordinance No. 24 -_____, entitled “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REPEALING MUNICIPAL CODE CHAPTER 16.32: LOCAL SUSTAINABILITY REQUIREMENTS FOR

NEWLY CONSTRUCTED BUILDINGS, AND ADOPTING LOCAL AMENDMENTS TO CALIFORNIA ENERGY CODE”
Reasons for Recommendation
In August 2022, the City Council adopted the City’s “Climate Action Plan 2.0 .” The updated Climate Action Plan set the goals of reducing community-wide emissions by 50% below 2010 levels by 2030 and achieving community-wide carbon neutrality no later than 2040. As part of the City’s efforts to meet these goals, the Climate Action Plan includes policies to address greenhouse gas emissions (GHG) from residential and commercial buildings, which are responsible approximately 25% of GHG emissions in California.

Specifically, the Climate Action Plan includes a policy to “[r]equire new residential and commercial development to be all-electric at time of construction.” (CAP 2.0, Table ES-2, Policy BE -4; see also CAP 2.0 Table 12 , Measure BE -4.1 [stating that the City should “[a]dopt an electrification ordinance for new residential and commercial development which requires developers to build all-electric at time of construction”].)

On November 1, 2022, the Cupertino City Council adopted Ordinance No. 22 -2245 to implement the building decarbonization policies in Climate Action Plan 2.0 . The ordinance amended the Municipal Code to Chapter 16.32 ( Local Sustainability Requirements for Newly Constructed Buildings ), which, subject to certain exemptions, required all-electric construction in newly constructed buildings.

While the implementation of the City’s all -electric code has been successful, a legal challenge to the City of Berkeley’s natural gas infrastructure ordinance has led the City to 193
CC 09-17-2024
193 of 233
reconsider its approach to building decarbonization. The Ninth Circuit Couty of Appeal’s ruling in that case, California Restaurant Association v. City of Berkeley (2024) 89 F.4th 1094, held that restrictions on new natural gas infrastructure enacted by the City of Berkeley in 2019 were preempted by Subchapter IIII of the Energy Policy and Conservation Act (EPCA), 42 U.S.C. § 6291 et seq., a federal statute that establishes uniform federal standards regulating the energy efficiency for commercial and residential appliances.

The California Restaurant Association v. City of Berkeley case raised concerns that all-electric codes adopted in Cupertino and other jurisdictions fell within the scope of EPCA’s preemption clause. In response, in May 2024, the City Manager announced that the City would join other jurisdictions in the region and state and suspend enforcement of its all- electric code . Following the City Manager’s decision, staff began work to develop a replacement for the all -electric code that is consistent with the Ninth Circuit panel’s interpretation of federal law in the California Restaurant Association case.

Staff have identified increased building energy performance requirements via local amendments to the California Energy Code as the preferred alternative to the current all- electric code, given the limits imposed by the Ninth Circuit’s decision. The California Energy Code establishes whole -building efficiency requirements, which account for a building’s water heater, HVAC (heating, ventilation, and air conditioning) system, solar generating system, and insulation, among other design elements. The California Energy Code includes both a prescriptive option and performance option based on building type.

Under the Energy Code, local jurisdictions may adopt amendments to statewide energy efficiency standards provided that the amendments are shown to be cost effective and use less energy than the standard requirements contained in the state Code (commonly referred to as “reach codes”). (24 Cal. Code Regs., Title 6, § 10-106.) In collaboration with Silicon Valley Clean Energy (SVCE), staff has proposed local amendments to the Energy Code that increase energy efficiency, encourage building electrification, and meet the requirements of state and federal law (Attachment A). The proposed reach code primarily amends the performance pathway of the California Energy Code . The proposed code amendments do not regulate cooking equipment, laundry dryers, or other energy uses not addressed by the performance pathway of the California Energy Code.

The proposed local amendments to the Energy Code include the following:

• Proposed Energy Performance Enhancements: The proposed ordinance would adopt local Energy Code amendments that increase the required Energy Design Rating (EDR) score for single-family residences and the required Source Energy1 scores for all other buildings.

1 The Source Energy Score, a new metric added to the 2022 Energy Code to support building electrification goals, is a standard that combines the value and cost of energy

194
CC 09-17-2024
194 of 233

• Electric Ready Requirements: The proposed reach code would add to the current 2022 California Energy Code requirements for “electric ready” components in buildings, including electric outlets near natural gas appliances, appropriate ventilation for future heat pump appliances, and res erved and labelled breakers in the electrical panel for future electric appliances.

The proposed local Energy Code amendments are largely consistent with amendments to the statewide Energy Code that are being considered by the Energy Commission for adoption in the 2025 building standards code cycle. The local amendments would have the effect of implementing these proposed statewide code amendments approximately one year early in Cupertino.

TRC, a consultant retained by SCVE that provides technical support for member jurisdictions, has prepared a memorandum to support the required findings under the Energy Code (Attachment B). The memorandum concludes that the proposed local code amendments would be cost effective and would result in the use of less energy than the standards in the state Energy Code.

The proposed ordinance would repeal existing Municipal Code Chapter 16.32 and add the local Energy Code amendments outlined above to Chapter 16 .54. The ordinance includes the required findings under the Energy Code, as well as required findings regarding local conditions for the adoption of local amendments to statewide building standards.

Staff recommends adopting the proposed local Energy Code amendments to advance the City’s climate action goals to the greatest extent possible within the legal constraints imposed by the Ninth Circuit panel’s interpretation of federal law. If the City Council approves the introduction of the proposed ordinance, the ordinance will be presented to Council for a second reading and adoption on October 1. The adopted ordinance would then be submitted to the California Energy Commission for review and approval.

Sustainability Impact
The proposed ordinance advances the policy of requiring all -electric construction in newly constructed buildings set forth in Climate Action Plan 2.0.

Fiscal Impact
No fiscal impact.

consumed at different times of the day and year (referred to as Time Dependent Valuation of energy, or TDV), and the emissions from the building’s energy source. 195
CC 09-17-2024
195 of 233
California Environmental Quality Act
The proposed ordinance is categorically exempt from review under the California Environmental Quality Act pursuant to California Code of Regulations, Title 14, § 15308 (Actions Taken by Regulatory Agencies for Protection of the Environment) and § 15061(b)(3) (“common sense” exemption).
_____________________________________

Prepared by: Christopher D. Jensen, City Attorney
Ursula Syrova, Environmental Programs and
Sustainability Manager
Sean Hatch, Building Official
Approved for Submission by: Pamela Wu, City Manager

Attachments:

A – Proposed Ordinance
B – Memorandum Re: Reach Code Energy Performance Approach

196
CC 09-17-2024
196 of 233

1 ORDINANCE NO. 24 - ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REPEALING MUNICIPAL CODE CHAPTER 16.32: LOCAL SUSTAINABILITY

REQUIREMENTS FOR NEWLY CONSTRUCTED BUILDINGS, AND ADOPTING

LOCAL AMENDMENTS TO CALIFORNIA ENERGY CODE

The City Council of the City of Cupertino finds that:

1. On November 1, 2022, the Cupertino City Council adopted Ordinance No. 22- 2245, including Municipal Code Chapter 16.32: Local Sustainability Requirements for Newly Constructed Buildings, which, subject to certain exemptions, required all-electric construction in newly constructed buildings.

2. On January 2, 2024, following denial of en banc review, a panel of the U.S. Court of Appeals for the Ninth Circuit issued an amended opinion in California Restaurant Association v. City of Berkeley (2024) 89 F.4th 1094, holding that restrictions on new natural gas infrastructure enacted by the City of Berkeley in 2019 were preempted by Subchapter IIII of the federal Energy Policy and Conservation Act, 42 U.S.C. § 6291 et seq.

3. Notwithstanding the court’s ruling in California Restaurant Association v. City of Berkeley, the Cupertino City Council reaffirms the policy stated in the City’s Climate Action Plan 2.0, which states the City’s goal to “[r]equire new residential and commercial development to be all-electric at time of construction.” (CAP

2.0, Table ES-2, Policy BE-4.) The City Council wishes to amend the Municipal Code to advance the policy commitments stated in the Climate Action Plan, while maintaining consistency with federal law as interpreted by a Ninth Circuit Court of Appeals panel in California Restaurant Association v. City of Berkeley.

4. To that end, the City Council wishes to adopt local amendments to the California Building Energy Efficiency Standards, 2022 Edition, Title 24, Part 6 of the California Code of Regulations (“Energy Code”).

5. The Energy Code, a part of the California Building Standards Code, implements minimum energy efficiency standards in buildings through mandatory requirements, prescriptive standards, and performances standards.

197
CC 09-17-2024
197 of 233
Ordinance No. 24-___

6. California Health and Safety Code section 17958 requires that local jurisdictions adopt building standards that are substantially the same as those adopted by the California Building Standards Commission and contained in the California Building Standards Code, subject to the ability to adopt local building standard amendments as described below.

7. California Health and Safety Code sections 17958.5, 17958.7, and 18941.5 provide that jurisdictions may make changes or modifications to the building standards contained in the California Building Standards based upon express findings that such changes or modifications are reasonably necessary because of local climatic, geological, or topographical conditions.

8. The Cupertino City Council finds that each of the amendments, additions, and deletions to the California Energy Code contained in this ordinance are reasonably necessary because of the local climatic, geological, or topographical conditions described in Section 1 of the Ordinance.

9. The Energy Code provides that local governmental agencies may adopt and enforce energy standards for newly constructed buildings and additions, alterations, and repairs to existing buildings provided the following two requirements are met prior to any enforcement of the standards: (1) “[a] determination that the standards are cost effective is adopted by the local agency at a public meeting and subsequently filed with the Energy Commission; and (2) “the Energy Commission finds that the standards will require buildings to be designed to consume less energy than permitted by Title 24, Part 6.” (24 Cal.

Code Regs., Title 6, § 10-106.)

NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:

SECTION 1:

Findings.
(a) Local Conditions. The City of Cupertino is located in Climate Zone 4 as established in the 2022 California Energy Code. Climate Zone 4 is inland of the coast but has some ocean influence which keeps temperatures from hitting more extreme highs and lows. The zone covers many microclimates from northern to southern parts of the state. The City experiences an annual average precipitation of approximately 26 inches per year. Ninety-five percent of precipitation falls during the months of November through April, leaving a dry period of approximately six months each year. Relative humidity remains moderate most of the time. The climate in Cupertino is characterized 198
CC 09-17-2024
198 of 233
Ordinance No. 24-___

by warm summer temperatures (average highs above 80 degrees Fahrenheit) and moderate winters (average highs of approximately 60 degrees Fahrenheit). Prevailing winds in the area come from the west. In August 2022, the City Council adopted the City’s “Climate Action Plan 2.0,” which, in addition to setting goals of reducing community-wide emissions by 50% below 2010 levels by 2030 and achieving community-wide carbon neutrality no later than 2040, includes a description of the impacts of anthropogenic climate change on the City of Cupertino. As documented in the City’s Climate Action Plan 2.0, the continued emissions of greenhouse gases into the atmosphere subjects Cupertino to (1) adverse air quality impacts, exacerbated by local features such as a major highways; (2) extreme heat; (3) flooding from severe storms, particularly in the areas around Stevens Creek and Calabazas Creek; (4) wildfires and smoke, owing to the City’s proximity to the Santa Cruz Mountains and the urban- wildland interface; (5) drought; and (6) sea level rise. The Climate Action Plan includes policies and regulations to increase the energy efficiency of newly constructed buildings because the City is vulnerable to the increase in global temperatures caused by the emission of greenhouse gases to the atmosphere. Local climatic geologic, and topographic conditions along with the greenhouse emissions generated from residential and nonresidential structures require exceeding the energy standards for building construction established in the 2022 California Buildings Standards Code. The local Energy Code Amendments adopted in this Ordinance will ensure that new buildings reduce their consumption of energy and avoid exacerbating the hazards posed by local climatic, geological, and topographical conditions.
(b) C
ost Effectiveness and Energy Efficiency . The Cupertino City Council finds, based on evidence presented before the City Council and the recitals set forth above, which are incorporated by reference herein, that the local amendments to the Energy Code contained in this Ordinance are cost effective and will require buildings to be designed to consume less energy than permitted by the Energy Code.

SECTION 2: R
epeal and Adoption.
(a) The Cupertino City Council hereby repeals Chapter 16.32 of the Cupertino Municipal Code (Local Sustainability Requirements for Newly Constructed Buildings) in its entirety
(b) T he Cupertino City Council hereby amends Chapter 16.54 of the Municipal Code (Energy Code), as set forth in Attachment A, to adopt local amendments to the California Building Energy Efficiency Standards, 2022 Edition, Title 24, Part 6 of the California Code of Regulations.

199
CC 09-17-2024
199 of 233
Ordinance No. 24-___

SECTION 3: Severability and Continuity.

The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions.

SECTION 4: Effective Date.

This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937.

SECTION 5: Publication.

The City Clerk shall give notice of adoption of this Ordinance as required by law.

Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance.

INTRODUCED at a regular meeting of the Cupertino City Council on September 17, 2024 and ENACTED at a regular meeting of the Cupertino City Council on October 1, 2024 by the following vote:

Members of the City Council

AYES:

NOES:

ABSENT:

ABSTAIN:
200
CC 09-17-2024
200 of 233
Ordinance No. 24-___

SIGNED:

______________________
Sheila Mohan, Mayor
City of Cupertino

________________________
Date
ATTEST:

_______________________
Kirsten Squarcia, City Clerk

________________________
Date
APPROVED AS TO FORM:

_______________________
Christopher D. Jensen, City Attorney

________________________
Date

201
CC 09-17-2024
201 of 233

Attachment A – Energy Code; L ocal Energy Code Amendments CHAPTER 16.54: ENERGY CODE
Section 16.54.010. Adoption of 2022 California Energy Code.

A. The provisions of the 2022 California Energy Code and each and all of the regulations, provisions, conditions and terms of the code are referred to as if fully set forth in this chapter, and are by such reference adopted.

B. One (1) copy of the code therefor is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 and is made available for public inspection.

Section 16.54.020. Local Energy Code Amendments.

A. Amendments to Subchapter 1 (All Occupancies—General Provisions) Amend Section 100.1(b) of the 2022 California Energy Code to add the following definitions:

ELECTRIC HEATING APPLIANCE is a
device that produces heat energy to create a
warm environment by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions, as defined in the California Mechanical Code.

KITCHEN, INSTITUTIONAL COMMERCIAL is a kitchen dedicated to a foodservice establishment that provides meals at institutions including schools, colleges and universities, hospitals, correctional facilities, private cafeterias, nursing homes, and other buildings or structures in which care or supervision is provided to occupants.

KITCHEN, QUICK-SERVICE COMMERCIAL is a kitchen dedicated to an establishment primarily engaged in providing fast food, fast casual, or limited services.

Food and drink may be consumed on premises, taken out, or delivered to the customer’s location.

NET FREE AREA (NFA) is the total unobstructed area of the air gaps between louver and grille slats in a vent through which air can pass. The narrowest distance between two slats, perpendicular to the surface of both slats is the air gap height. The narrowest width of the gap is the air gap width. The NFA is the air gap height multiplied by the air gap width multiplied by the total number of air gaps between slats in the vent.

B. Amendments to Subchapter 3 (Nonresidential, Hotel/Motel Occupancies, and Covered Processes—Mandatory Requirements)
Amend Section 120.2 of the 2022 California Energy Code to read as follows:
202
CC 09-17-2024
202 of 233
Ordinance No. 24-___

Energy Code Local Amendments – Page 2
SECTION 120.2

REQUIRED CONTROLS FOR SPACE-CONDITIONING SYSTEMS
(a) – (k): Subsections 120.2(a) – (k) are adopted without modification. (l) H VAC Hot Water Temperature. Zones that use hot water for space heating shall be designed for a hot water supply temperature of no greater than 130 °F.

Amend Section 120.6 of the 2022 California Energy Code to read as follows:

SECTION 120.6

REQUIRED CONTROLS FOR SPACE-CONDITIONING SYSTEMS
(a) – (j): Subsections 120.6(a) – (j) are adopted without modification. (k) Mandatory requirements for commercial kitchens. Electric Readiness for Newly Constructed Commercial Kitchens shall meet the following requirements:

1. Each quick-service commercial kitchens and institutional commercial kitchens shall include a dedicated branch circuit wiring and outlet that would be accessible to cookline appliances and shall meet all of the following requirements:
a. The branch circuit conductors shall be rated at 50 amps minimum. b. The electrical service shall have a minimum capacity of 800 connected amps.

2. The electrical service panel shall be sized to accommodate an additional either 208v or 240v 50-amp breaker.

EXCEPTION 1 to Section 120.6(k): healthcare facilities.

EXCEPTION 2 to Section 120.6(k): all-electric commercial kitchens.

C. Amendments to Subchapter 4 (Nonresidential and Hotel/Motel Occupancies— Mandatory Requirements for Lighting Systems and Equipment, and Electrical Power Distribution Systems)
Amend Section 130.0 of the 2022 California Energy Code to read as follows:

SECTION 130.0

LIGHTING SYSTEMS AND EQUIPMENT, AND ELECTRICAL POWER
DISTRIBUTIONS SYSTEMS—GENERAL
(a) The design and installation of all lighting systems and equipment in nonresidential and hotel/motel buildings, outdoor lighting, and electrical power distribution systems 203
CC 09-17-2024
203 of 233
Ordinance No. 24-___

Energy Code Local Amendments – Page 3
within the scope of Section 100.0(a), shall comply with the applicable provisions of S
ections 130.0 through 130.5130.6.

NOTE: The requirements of Sections 130.0 through 130.5130.6 apply to newly constructed buildings. Section 141.0 specifies which requirements of Sections 130.0 through 130.5130.6 also apply to additions and alterations to existing buildings. (b) – (c): Subsections 130.0(b) – (c) are adopted without modification.

Amend Subchapter 4 of the 2022 California Energy Code to add Section 130.6 to be numbered, entitled, and to read as follows:

SECTION 130.6

ELECTRIC READINESS REQUIREMENTS FOR SYSTEMS USING GAS OR

PROPANE
Where nonresidential systems using gas or propane are installed, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electric heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor. (a) Branch circuit wiring, electrically isolated and designed to serve all electric heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and (b) Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance”; and
(c) Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (e.g. “Reserved for Future Electric Range”), and positioned on the opposite end of the panel supply conductor connection; and
(d) Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electric heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and
(e) Physical space for future electric heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electric heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.
204
CC 09-17-2024
204 of 233
Ordinance No. 24-___

Energy Code Local Amendments – Page 4
D. Amendments to Subchapter 5 (Nonresidential and Hotel/Motel Occupancies— Performance and Prescriptive Approaches for Achieving Energy Efficiency) Amend Section 140.0 of the 2022 California Energy Code to read as follows:

SECTION 140.0

PERFORMANCE AND PERSCRIPTIVE COMPLIANCE APPROACHES
Nonresidential and hotel/motel buildings shall comply with all of the following:
(a) The requirements of Sections 100.0 through 110.12 applicable to the building project (mandatory measures for all buildings).
(b) The requirements of Sections 120.0 through 130.56 (mandatory measures for nonresidential and high-rise residential and hotel/motel buildings). (c) Either the performance compliance approach (energy budgets) specified in Section 1 40.1 or the prescriptive compliance approach specified in Section 140.2 for the Climate Zone in which the building will be located. Climate zones are shown in FIGURE 100.1- A.

NOTE to Section 140.0(c): The Commission periodically updates, publishes and makes available to interested persons and local enforcement agencies precise descriptions of the Climate Zones, which is available by zip code boundaries depicted in the Reference Joint Appendices along with a list of the communities in each zone.

NOTE to Section 140.0: The requirements of Sections 140.1 through 140.10 apply to newly constructed buildings. Section 141.0 specifies which requirements of Section 140.1 through 140.10 also apply to additions or alterations to existing buildings.

Amend Section 140.1 of the 2022 California Energy Code to read as follows:

SECTION 140.1
PERFORMANCE APPROACH: ENERGY BUDGETS
A building complies with the performance approach if
provided that (1) the time-
dependent valuation (TDV) energy budget calculated for the Proposed Design Building under Subsection (b) is no greater than the TDV energy budget calculated for the Standard Design Building under Subsection (a), and (2) the source energy budget calculated for the proposed design building under Subsection (b) has a source energy compliance margin, relative to the energy budget calculated for the standard design building under Subsection (a), of at least 10 percent for all nonresidential occupancies. 205
CC 09-17-2024
205 of 233
Ordinance No. 24-___

Energy Code Local Amendments – Page 5
EXCEPTION 1 to 140.1 item (2). A source energy compliance margin of 0 percent or greater is required when nonresidential occupancies are designed with single zone space-conditioning systems complying with Section 140.4(a)2. (a) – (c) Subsections 140.1 (a) – (c) are adopted without modification.

E. Amendments to Subchapter 7 (Single-Family Residential Buildings— Mandatory Features and Devices)
Amend Section 150.0 of the 2022 California Energy Code to read as follows:

SECTION 150.0

MANDATORY DEVICES AND FEATURES
Single-family residential buildings shall comply with the applicable requirements of Sections 150(a) through 150.0(v).

NOTE: T he requirements of Sections 150.0 (a) through (v) apply to newly constructed buildings. Sections 150.2(a) and 150.2(b) specify which requirements of Sections 150.0(a) through 150.0(r) also apply to additions or alterations. The amendments to section 150.0(t) do not apply to additions or alterations.
(a) – (s): Subsections 150.0(a) – (s) are adopted without modification. (t) Heat pump space heater ready. Systems using gas or propane furnace to serve individual dwelling units shall include the following:

1. A dedicated 240 volt branch circuit wiring shall be installed within 3 feet from the furnace and accessible to the furnace with no obstructions. The branch circuit conductors shall be rated at 30 amps minimum. The blank cover shall be identified as “240V ready.” All electrical components shall be installed in accordance with the California Electrical Code.

2. The main electrical service panel shall have a reserved space to allow for the installation of a double pole circuit breaker for a future heat pump space heater installation. The reserved space shall be permanently marked as “For Future 240V use.”

3. A designated exterior location for a future heat pump compressor unit with either a drain or natural drainage for condensate.
(u) – (v): Subsections 150.0(u) – (v) are adopted without modification.

F. Amendments to Subchapter 8 (Performance and Prescriptive Compliance for Single-Family Residential Buildings)
Amend Section 150.1 of the 2022 California Energy Code to read as follows:
206
CC 09-17-2024
206 of 233
Ordinance No. 24-___

Energy Code Local Amendments – Page 6
SECTION 150.1

PERFORMANCE AND PERSCRIPTIVE COMPLIANCE APPROACHES FOR

SINGLE-FAMILY RESIDENTIAL BUILDINGS
(a): Subsection 150.1(a) is adopted without modification (b) Performance Standards. A building complies with the performance standards if the e
nergy consumption calculated for the proposed design building is no greater than the energy budget calculated for the standard design building using Commission-certified compliance software as specified by the Alternative Calculation Methods Approval Manual, as specified in sub-sections 1, 2 and 3 below.

1. Newly Constructed Buildings. The Energy Budget for newly constructed buildings is expressed in terms of the Energy Design Ratings, which are based on source energy and time-dependent valuation (TDV) energy. The Energy Design Rating 1 (EDR1) is based on source energy. The Energy Design Rating 2 (EDR2) is based on TDV energy and has two components, the Energy Efficiency Design Rating, and the Solar Electric Generation and Demand Flexibility Design Rating.

The total Energy Design Rating shall account for both the Energy Efficiency Design Rating and the Solar Electric Generation and Demand Flexibility Design Rating. The proposed building shall separately comply with the Source Energy Design Rating, Energy Efficiency Design Rating and the Total Energy Design Rating. A building complies with the performance approach if the TDV energy budget calculated for the proposed design building is no greater than the TDV energy budget calculated for the Standard Design Building AND Source Energy compliance margin of at least nine, relative to the Source Energy Design Rating 1 calculated for the Standard Design building.

EXCEPTION 1 to Section 150.1(b)1. A community shared solar electric generation system, or other renewable electric generation system, and/or community shared battery storage system, which provides dedicated power, utility energy reduction credits, or payments for energy bill reductions, to the permitted building and is approved by the Energy Commission as specified in Title 24, Part 1, Section 10-115, may offset part or all of the solar electric generation system Energy Design Rating required to comply with the Standards, as calculated according to methods established by the Commission in the Residential ACM Reference Manual.

EXCEPTION 2 to Section 150.1(b)1. A newly constructed building with a conditioned floor area less than 1,500 square feet shall achieve a Source Energy compliance margin of four or greater, relative to the Source Energy Design Rating 1 calculated for the Standard Design building.
207
CC 09-17-2024
207 of 233
Ordinance No. 24-___

Energy Code Local Amendments – Page 7
EXCEPTION 3 to Section 150.1(b)1. If a newly constructed building with a conditioned floor area less than 625 square feet demonstrates that due to conditions specific to the project it is technically infeasible to achieve compliance, the Building Official may reduce the compliance margin to between 0 and 4. (b)(2) – (3): Subsections 150.1(b)2 and (b)3 are adopted without modification. (c): Subsection 150.1(c) is adopted without modification G. Amendments to Subchapter 10 (Multifamily Buildings—Mandatory Requirements)
Amend Section 160.4 of the 2022 California Energy Code to read as follows:

SECTION 160.4

MANDATORY REQUIREMENTS FOR WATER-HEATING SYSTEMS
(a) R eserved. Systems using gas or propane water heaters to serve individual dwelling units shall include the following components:

1. A dedicated 125 volt, 20 amp electrical receptacle that is connected to the electric panel with a 120/240 volt 3 conductor, 10 AWG copper branch circuit, within 3 feet from the water heater and accessible to the water heater with no obstructions. In addition, all of the following:

A. Both ends of the unused conductor shall be labeled with the word “spare” and be electrically isolated; and
B. A reserved single pole circuit breaker space in the electrical panel adjacent to the circuit breaker for the branch circuit in A above and labeled with the words “Future 240V Use”; and

2. A Category III or IV vent, or a Type B vent with straight pipe between the outside termination and the space where the water heater is installed; and

3. A condensate drain that is no more than 2 inches higher than the base of the installed water heater, and allows natural draining without pump assistance; and

4. A gas supply line with a capacity of at least 200,000 Btu/hr. (b) – (f): Subsections 160.4(b) – (f) are adopted without modification.

Amend Section 160.9 of the 2022 California Energy Code to read as follows:

SECTION 160.9

MANDATORY REQUIREMENTS FOR ELECTRIC READY BUILDINGS
208
CC 09-17-2024
208 of 233
Ordinance No. 24-___

Energy Code Local Amendments – Page 8
(a) – (c): Subsections 160.9(a) – (c) are adopted without modification. (d) Individual Heat Pump Water Heater Ready. Systems using gas or propane water heaters to serve individual dwelling units shall include the following components and shall meet the requirements of Section 160.9(f):

1. A dedicated 125 volt, 20 amp electrical receptacle that is connected to the electric panel with a 120/240 volt 3 conductor, copper branch circuit rated to 30 amps, within 3 feet from the water heater and accessible to the water heater with no obstructions. In addition, all of the following:

A. Both ends of the unused conductor shall be labeled with the word “spare” and be electrically isolated; and
B. A reserved single pole circuit breaker space in the electrical panel adjacent to the circuit breaker for the branch circuit in A above and labeled with the words “Future 240V Use”.

2. A condensate drain that is no more than 2 inches higher than the base of the installed water heater, and allows natural draining without pump assistance.

3. The construction drawings shall indicate the location of the future heat pump water heater. The reserved location shall have minimum interior dimensions of 39”x39”x96”.

4. A ventilation method meeting one of the following:

A. The designed space reserved for the future heat pump water heater shall have a minimum volume of 700 cubic feet; or B. The designed space reserved for the future heat pump water heater shall vent to a communicating space in the same pressure boundary via permanent openings with a minimum total net free area of 250 square inches so that the total combined volume connected via permanent openings is 700 cu. ft. or larger. The permanent openings shall be:
i. Fully louvered doors with fixed louvers consisting of a single layer of fixed flat slats; or
ii. Two permanent fixed openings, consisting of a single layer of fixed flat slat louvers or grilles, one commencing within 12 inches from the top of the enclosure and one commencing within 12 inches from the bottom of the enclosure.
209
CC 09-17-2024
209 of 233
Ordinance No. 24-___

Energy Code Local Amendments – Page 9
C. The designed space reserved for the future heat pump water heater shall include two 8” capped ducts, venting to the building exterior:
i. All ducts, connections and building penetrations shall be sealed. ii. Exhaust air ducts and all ducts which cross pressure boundaries shall be insulated to a minimum insulation level of R-6. iii. Airflow from termination points shall be diverted away from each other.
(e) Central Heat Pump Water Heater Electric Ready. Central water heating systems using gas or propane to serve multiple dwelling units shall include the following:

1. The system input capacity of the gas or propane water heating system shall be determined as the sum of the input gas or propane capacity of all water heating devices associated with each gas or propane water heating system.

2. Space reserved shall include:

A. Heat Pump. The minimum space reserved shall include space for service clearances and air flow clearances and shall meet one of the following:
i. If the system input capacity of the gas water heating system is less than 200,000 BTU per hour, the minimum space reserved for the heat pump shall be 2.0 square feet per input 10,000 BTU per hour of the gas or propane water heating system, and the minimum linear dimension of the space reserved shall be 48 linear inches. ii. If the system input capacity of the gas water heating system is greater than or equal to 200,000 BTU per hour, the minimum space reserved for the heat pump shall be 3.6 square feet per input 10,000 BTU per hour of the gas or propane water heating system, and the minimum linear dimension of the space reserved shall be 84 linear inches.
iii. The space reserved shall be the space required for a heat pump water heater system that meets the total building hot water demand as calculated and documented by the responsible person associated with the project.

B. Tanks. The minimum space reserved shall include space for service clearances and shall meet one of the following:
i. If the system input capacity of the gas water heating system is less 210
CC 09-17-2024
210 of 233
Ordinance No. 24-___

Energy Code Local Amendments – Page 10
than 200,000 BTU per hour, the minimum space reserved for the storage and temperature maintenance tanks shall be 4.4 square feet per input 10,000 BTU per hour of the gas or propane water heating system.
ii. If the system input capacity of the gas water heating system is greater than or equal to 200,000 BTU per hour, the minimum physical space reserved for the storage and temperature maintenance tanks shall be 3.1 square feet per input 10,000 BTU per hour of the gas or propane water heating system.
iii. The space reserved shall be the space required for a heat pump water heater system that meets the total building hot water demand as calculated and documented by the responsible person associated with the project.

3. Ventilation shall be provided by meeting one of the following:

A. Physical space reserved for the heat pump shall be located outside, or B. A pathway shall be reserved for future routing of supply and exhaust air via ductwork from the reserved heat pump location to an appropriate outdoor location. Penetrations through the building envelope for louvers and ducts shall be planned and identified for future use. The reserved pathway and penetrations through the building envelope shall be sized to meet one of the following:
i. If the system input capacity of the gas water heating system is less than 200,000 BTU per hour, the minimum air flow rate shall be 70 CFM per input 10,000 BTU per hour of the gas or propane water heating system and the total external static pressure drop of ductwork and louvers shall not exceed 0.17 inch when the future heat pump water heater is installed.
ii. If the system input capacity of the gas water heating system is greater than or equal to 200,000 BTU per hour, the minimum air flow rate shall be 420 CFM per input 10,000 BTU per hour of the gas or propane water heating system and the total external static pressure drop of ductwork and louvers shall not exceed 0.17 inch when the future heat pump water heater is installed.
iii. The reserved pathway and penetrations shall be sized to serve a heat pump water heater system that meets the total building hot water demand as calculated and documented by the responsible 211
CC 09-17-2024
211 of 233
Ordinance No. 24-___

Energy Code Local Amendments – Page 11
person associated with the project.

4. Condensate drainage piping. An approved receptacle that is sized in accordance with the California Plumbing Code to receive the condensate drainage shall be installed within 3 feet of the reserved heat pump location, or piping shall be installed from within 3 feet of the reserved heat pump location to an approved discharge location that is sized in accordance with the California Plumbing Code, and meets one of the following:

A. If the system input capacity of the gas water heating system is less than 200,000 BTU per hour, condensate drainage shall be sized for 0.2 tons of refrigeration capacity per input 10,000 BTU per hour.

B. If the system input capacity of the gas water heating system is greater than or equal to 200,000 BTU per hour, condensate drainage shall be sized for 0.7 tons of refrigeration capacity per input 10,000 BTU per hour.

C. Condensate drainage shall be sized to serve a heat pump water heater system that meets the total building hot water demand as calculated and documented by the responsible person associated with the project.

5. Electrical.

A. Physical space shall be reserved on the bus system of the main switchboard or on the bus system of a distribution board to serve the future heat pump water heater system including the heat pump and temperature maintenance tanks. In addition, the physical space reserved shall be capable of providing adequate power to the future heat pump water heater as follows:
i. Heat Pump. For the Heat Pump, the physical space reserved shall comply with one of the following:

A. If the system input capacity of the gas water heating system is less than 200,000 BTU per hour, provide 0.1 kVA per input 10,000 BTU per hour.

B. If the system input capacity of the gas water heating system is greater than or equal to 200,000 BTU per hour, provide 1.1 kVA per input 10,000 BTU per hour.

C. The physical space reserved supplies sufficient electrical power required to power a heat pump water heater system that meets the total building hot water demand as calculated and documented by the responsible person associated with 212
CC 09-17-2024
212 of 233
Ordinance No. 24-___

Energy Code Local Amendments – Page 12
the project.
ii. Temperature Maintenance Tank. For the Temperature Maintenance Tank, the physical space reserved shall comply with one of the following:

A. If the system input capacity of the gas water heating system is less than 200,000 BTU per hour, provide 1.0 kVA per input 10,000 BTU per hour.

B. If the system input capacity of the gas water heating system is greater than or equal to 200,000 BTU per hour, provide 0.6 kVA per input 10,000 BTU per hour.
iii. The physical space reserved supplies sufficient electrical power required to power a heat pump water heater system that meets the total building hot water demand as calculated and documented by the responsible person associated with the project.
(f) The building electrical system shall be sized to meet the future electric requirements of the electric ready equipment specified in sections 160.9 a – e. To meet this requirement the building main service conduit, the electrical system to the point specified in each subsection, and any on-site distribution transformers shall have sufficient capacity to supply full rated amperage at each electric ready appliance in accordance with the California Electric Code.

H. Amendments to Subchapter 11 (Multifamily Buildings—Performance and Prescriptive Compliance Approaches)
Amend Section 170.1 of the 2022 California Energy Code to read as follows:

SECTION 170.1

PERFORMANCE APPROACH
A b uilding complies with the performance approach if the TDV energy budget calculated for the proposed design building under Subsection (b) is no greater than the TDV energy budget calculated for the standard design building under Subsection (a).

Additionally, (1) the energy budget, expressed in terms of source energy, of a newly constructed low-rise multifamily building (three habitable stories or less) shall be at least 9 percent lower than that of the standard design building. (a) – (d): Subsections 170.1(a) – (d) are adopted without modification.

213
CC 09-17-2024
213 of 233
September 9, 2024

EXECUTIVE SUMMARY
The purpose of this document is to summarize how the Energy Performance approach reach code ordinance provides Hourly Source Energy compliance margins that are achievable for new construction buildings in Cupertino (Climate Zone 4) while meeting two criteria:
1) Cost-effective, for approval by the California Energy Commission (CEC). 2) Technically feasible, using appliances with efficiencies set at the minimum federal requirements.

The Energy Performance approach encourages new construction buildings to reduce their emissions, and improve outdoor and indoor air quality. This is achieved by requiring new construction buildings utilizing the performance pathway to meet an Hourly Source Energy compliance margin which is stricter than that set by the state in the 2022 Energy Code, Title 24, Part 6. The reach codes mitigates legal risk with the Energy Policy and Conservation Act (EPCA) as a result of the California Restaurant Association vs. City of Berkeley ruling by remaining fuel neutral through providing cost-effective pathways to compliance for both mixed-fuel and all-electric buildings utilizing appliances with efficiencies set at the minimum federal requirements.

Table 1. Summary of EDR1/Source Energy Compliance Margins and Cost-Effectiveness Data for Climate Zone 4 Building Type Metric
Reach Code
Compliance
Margin
Package Package Details
Achieves
Compliance
Margin?
Is it Cost-
Effective? Links
Single Family EDR1 9 or
greater
All-electric Both major appliances are heat pumps (water heating and space heating & cooling). Yes Yes Report
SFNC Study
Data Mixed-fuel Combustion equipment is used with building efficiency measures, additional PV, and a battery. Yes Yes Multifamily (3-
stories and
less)
Source
Energy
9% or
greater
All-electric Both major appliances are heat pumps (water heating and space heating & cooling). Yes Yes
Report
MFNC
Study Data
Mixed-fuel Combustion equipment is used with building
efficiency measures, additional PV, and a battery. Yes Yes Multifamily (4-
stories and
more)
Source
Energy
1% or
greater
All-electric Both major appliances are heat pumps (water heating and space heating & cooling). Yes Yes
Mixed-fuel Combusting equipment is used with building
efficiency measures and additional PV. Yes Yes
Nonresidential Source
Energy
10% or
greater
All-electric Both major appliances are heat pumps (water heating and space heating & cooling). Yes* Yes* Report
NRNC
Study Data Mixed-fuel Combustion equipment is used with building efficiency measures. Yes* Yes*
*Source Energy compliance margins and cost-effectiveness results vary by prototype building, see the nonresidential report for the full set of results in more detail. 214
CC 09-17-2024
214 of 233
September 9, 2024

MEMORANDUM September 9, 2024 To: Christopher Jensen (Cupertino)
From: Taylor Taylor, Farhad Farahmand (TRC)
Re: Energy Performance Approach for Cupertino Reach Code

OVERVIEW
TRC provides this memo to direct readers to the references of the Hourly Source Energy margins used in the reach code ordinance. Hourly Source Energy is a compliance metric introduced in 2022 California Building Energy Efficiency Standards representing, among other things, transmission, delivery and production losses from the underlying fuel sources used to power building systems and equipment. A more thorough description of Hourly Source Energy compliance metric and relationship with other metrics is included in this Energy Code Ace document, excerpted at the end of this memo.

Cost-effectiveness studies produced by the California Investor-Owned Utilities Codes and Standards Program serve as the primary source of information. For various measure packages, these studies demonstrate Hourly Source Energy compliance margins that are achievable for new construction in Cupertino (Climate Zone 4) while meeting two criteria:
3) Cost-effective, for approval by the California Energy Commission (CEC). 4) Technically feasible, using appliances with efficiencies set at the minimum federal requirements.

Single Family
In single family only, the Hourly Source Energy metric is instead referred to as Energy Design Rating 1 (EDR1). EDR1 margins meeting the two criteria listed above are contained in the 2022 Cost-Effectiveness Study: Single Family New Construction Study (Report) and workbook (SFNC Study Data) for a 2,400 square foot single family building.

Per Figure 1 below:
 The All-Electric Code Minimum package achieves an EDR1 margin equal to 8.8 (cell S230).  The All-Electric Efficiency package that includes efficiency measures as well as the market baseline heat pump water heater, achieves 10.4 (cell S337).
 The All-Electric Efficiency + Equipment package that includes efficiency measures as well as the market baseline heat pump water heater (which performs well above federal minimum efficiency requirements), achieves 11.9 (cell S339).
 The Mixed Fuel Efficiency, PV, + Battery package achieves 13.2 (cell S347).

An EDR1 compliance margin of 9 reflects a cost-effective baseline achievable by an all-electric code minimum new construction single family building, that is also technically feasible by a mixed-fuel building with appliances efficiencies at minimum federal requirements.

215
CC 09-17-2024
215 of 233
MEMORANDUM (continued) August 28, 2024
To: Christopher Jensen (Cupertino)

Figure 1. Single Family (2400 square foot prototype) source energy margin results Small Homes
Information on small new construction single family homes, such as ADUs, can also be found in the single-family home sources listed above by filtering for the 625 square foot single family building. Single family homes that are less than 1,500 square feet can have difficulties meeting the margins listed above for single family homes. This is because smaller homes use less energy overall and therefore the amount of energy savings potential is diminished.

In order to prevent frequent cases of technical infeasibility, an exception is offered for homes less than 1,500 square foot, set at the target where a 625 square foot home can achieve it. Per Figure 2 below:
 The All-Electric Code Minimum package achieves an EDR1 margin equal to 2.4 (cell S56).  The All-Electric Efficiency package that includes efficiency measures, achieves 3.9 (cell S58).  The All-Electric Efficiency + High Efficiency Equipment package that includes efficiency measures as well as the market baseline heat pump water heater (which performs well above federal minimum efficiency requirements), achieves 5.5 (cell S60).
 The All-Electric Efficiency + PV package achieves 6.8 (cell S62).  The Mixed Fuel Efficiency + High Efficiency Equipment package achieves 3.7 (cell S66).  The Mixed Fuel Efficiency, PV, + Battery package achieves 13.3 (cell S215).

The all-electric efficiency + PV package is cost-effective and achieves an EDR1 of 6.8. Therefore, a small homes reach code compliance margin could be set as high as 6.8. The margin can be set lower, such as at a compliance margin of 4, to align with an all-electric building with a market baseline water heater, and also with the all-electric efficiency package. This encourages emissions reductions while reducing construction cost burden on smaller sized homes.

Figure 2. Single Family (625 square foot prototype) source energy margin results 216
CC 09-17-2024
216 of 233
MEMORANDUM (continued) August 28, 2024
To: Christopher Jensen (Cupertino)
Multifamily
Hourly Source Energy margins meeting the two criteria listed above are contained in the 2022 Cost-Effectiveness Study:

Multifamily New Construction (Report) and workbook (MFNC Study Data) for two multifamily family buildings (3- story, 39,372 ft2 and 5-story, 140,925 ft2). Per Figure 3 below:
 For the 3-story prototype
 The All-Electric Code Minimum package achieves an Hourly Source Energy margin equal to 9% (cell AI30).
 The Mixed Fuel Efficiency, PV, + Battery package achieves 17% (cell AI36)  For the 5-story prototype
 The All-Electric Code Minimum package achieves an Hourly Source Energy margin of 6% (cell AI51).  The Mixed Fuel Efficiency + PV package achieves 1% (cell AI156)

An Hourly Source Energy compliance margin of 9% for 3-stories and less, and 1% for 4-stories and more, reflects a cost-effective baseline achievable by an all-electric code minimum new construction multifamily building, that is also technically feasible by a mixed-fuel building with appliances efficiencies at minimum federal requirements.

Figure 3. Multifamily source energy results. Under the “prototype” column, the 3-story building is 39,372 ft2and the 5- story building is 140,925 ft2.

Nonresidential
Hourly Source Energy margins meeting the two criteria listed above are contained in the 2022 Nonresidential New Construction Reach Code Cost-effectiveness Study (Report) and workbook (NRNC Study Data) for four nonresidential prototypes (Medium Office, Retail, Quick-Service Restaurant, and Small Hotel). Per Figure 4 below:
 For the Medium Office (‘MO’ tab in the workbook)
 The All-Electric Code Minimum package achieves an Hourly Source Energy margin equal to 5% (cell T29).
 The Mixed Fuel + Efficiency package achieves 10% (cell T6).  For the Medium Retail (‘RE’ tab in the workbook)
 The Mixed Fuel Code Minimum package achieves -29% (cell T6).  The All-Electric + Efficiency package achieves 12% (cell T52).  For the Quick Service Restaurant (‘QSR’ tab in the workbook)  The All-Electric Code Minimum package achieves 42% (cell T121).  The Mixed Fuel + Efficiency package achieves 12% (cell T6).  For the Small Hotel (‘SH’ tab in the workbook)
217
CC 09-17-2024
217 of 233
MEMORANDUM (continued) August 28, 2024
To: Christopher Jensen (Cupertino)
 The All-Electric Code Minimum package achieves 29% (cell T29).  The Mixed Fuel + Efficiency package achieves 7% (cell T6).

For nonresidential buildings, an Hourly Source Energy compliance margin of 10% reflects the average performance of mixed-fuel buildings with appliances efficiencies at minimum federal requirements and additional non- preemptive efficiency measures. Nonresidential buildings with all-electric heat pumps at minimum federal requirements will achieve this target without any additional efficiency measures.

A subset of nonresidential buildings which utilize small rooftop HVAC, like Retail, already have heat pump as the prescriptive code minimum, which achieves the same objective as the reach code applied to the nonresidential buildings. To account for this, an exception is included for nonresidential buildings that reduces the Hourly Source Energy compliance margin to 0% (the state minimum requirement) when nonresidential occupancies are designed with single zone space-conditioning systems complying with Section 140.4(a)2.

Figure 4. Source energy margin results for Medium Office (MO), Retail (RE), Quick Service Restaurant (QSR), and Small Hotel (SH)

218
CC 09-17-2024
218 of 233
MEMORANDUM (continued) August 28, 2024
To: Christopher Jensen (Cupertino)
Appendix: Single Family Building Summary of Source Energy and Other Metrics

Source: Energy Code Ace – Single Family Buildings: What’s New in 2022? 219
CC 09-17-2024
219 of 233

CITY OF CUPERTINO
Agenda Item
23-12683 Agenda Date: 9/17/2024
Agenda #: 13.

Subject: Councilmember Reports
CITY OF CUPERTINO Printed on 9/11/2024Page 1 of 1
powered by Legistar™
220
CC 09-17-2024
220 of 233
CITY COUNCILMEMBER REPORT*
Meeting: Wednesday, September 17th, 2024
+for the “Councilmember Reports” agenda item under the “COUNCIL REPORTS” section Reporting Councilmember: Councilmember Liang Chao
Report Dates: 8/27/24 to 9/10/24
Section 1: Activities by Date (Date, Title, and Description):

NOTE:
● This list does not include internal meetings with sta ff only, such as prep sessions or meetings with the City Manager.
● This list includes activities to “represent the community I am elected to serve”, “to respond to community needs and complaints,” and “to communicate policies and programs to residents,” among other responsibilities of a City Councilmember.
● Due to my work schedule, I have cut down on the event a endance for ceremonial purposes, especially those I have a ended almost every year in the past. Instead, I focus more of my time on constituent services.
2024-08-27 Zoom meeting with residents who are concerned about 10231 Adriana - Planning commissioner Muni Madhdhipatla and Councilmember Ki y Moore joined the meeting with residents. About 10 residents a ended.
- They really appreciated the a endance of a Planning Commissioner since they did not know Planning Commission exists or its role in the approval process of development projects. - Councilmember Moore's email captured their concerns and questions well. - My follow-up email about HE process and relaxed R3 standard, which might be applicable. - Councilmember Moore’s followup questions and responses from sta ff 2024-08-27 Request to agendize De Anza Bu ffered Bike Lane for 9/4 Council meeting (email thread ) - Per Muni Code the Mayor alone can agendize an item. Mayor Mohan responded that an info memo will come out later Friday.
1 221
CC 09-17-2024
221 of 233
2024-09-03 Housing Element sites for a speci fic site or a speci fic neighborhood? (email thread ) - In the August 29, 2022 Sta ff Presentation on the Housing Element, there was one slide for each neighborhood and the density before up-zoning and after up-zoning. See screenshots in my email.
- But no clear information was provided to the residents later in any council meeting or in the draft Housing Element.
- The sta ff replies “the easiest way for residents to learn more about the adopted Housing Element and how it a ffects their property / neighborhood is to engage a discussion with city sta ff. They can do so by either calling, visiting in person or sending an email.” 2024-09-03 City Council meeting on both 9/3 and 9/4? - confusing calendar listing (email thread ) - Following up on residents’ inquiry on confusing calendar listing. - Sta ff responded: “we are currently in transition to a new website platform. Issues that you’ve identified below might be resolved once the migration is complete.” 2024-09-05 Meeting with Amy Chan, representing Marina development - They plan to submit a revised proposal, which will likely require a General Plan Amendment to upzone slightly later this year.
- Amy said they have agreed to host a community meeting in October/November about their revised proposal
2024-09-05 Bright LED lights from solar panels - communications with CUSD Superintendent (email thread)
- A couple of residents complained about very bright LED lights from solar panels at Sedgwick Elementary School. Some residents mentioned opposition to solar panel installation at the Stocklmeir Elementary School in Sunnyvale.
- I reached out to CUSD Superintendent Stacy Yao. She shared the 3-phase plan for installing solar panels on all school sites. She will investigate to see how the brightness of LED lights could be lowered.
2024-09-07 A
ended the celebration luncheon by the Northern California Chinese Culture Athletic Federation (NCCCAF) in Quinlan Center
- NCCAF hosts an annual sport tournament for the last 22 years. They have tournament in field sports, tennis, ping pong, basketball, volleyball, soccer, pickleball, marshall art, golf and even chess.
2 222
CC 09-17-2024
222 of 233
2024-09-05 Sent a request to Mayor to agendize a discussion on De Anza Bu ffered Bike Lane at the 9/17 Council meeting (email)
- Mayor Mohan did not respond, although per Muni Code the Mayor alone can agendize an item. 2020-09-09 Not all emails sent to the Council were included in the “Wri en Communication” file of a Council meeting? (email thread )
- There has been some confusion expressed by residents that some emails on a topic are included in the “Wri en Communication” file of a Council meeting, but some were not. - I asked the City Clerk and they clari fied:
- Emailed comments that are related to an agenda item and received following the agenda publication prior to or during the meeting will be posted to the City’s website. - Emailed comments related to non-agenda items and received following the agenda publication prior to or during the meeting will be posted upon request. 2024-09-10 Confusion on the whereabout of the Linda Visa Petition signed by 600 residents (email thread)
- A public comment at the 9/4 Council meeting has mentioned a petition signed by 600 residents.

But I have not received anything about it.
- It seems the petition was handed to the City Manager from the Mayor. But then it was not entered into the public record. And it was not forwarded to any other Councilmember. - To date, I still have not seen the petition signed by 600 residents since the petition is just filed with CDD under the project files.
- The city confirmed that the petition won’t be routed to other councilmembers. even though the petition has indicated "We respectfully ask the City Planning Department, Department of Emergency Preparedness, the Santa Clara Fire Department and Mayor Sheila Mohan and other councilmembers".
2024-09-10 Responded to a reporter about Vallco and misinformation on the Vallco se lement “ All of the candidates, except Ray and Kiy, have close relationships with for-pro fit interests who wish to density Cupertino, while waiving fees and giving away exceptions at the expense of Cupertino residents who will be paying higher taxes to mitigate the impact of rapid development.

Sinks, Gilbert Wang and Chang removed height limit at Vallco Shopping Mall when they gave them 2M sqft o ffice space in Dec 2014. After SB 35 passed in 2017, they had a chance to restore building height and remove the huge o ffice allocation, but they refused. Today, Cupertino ended up with the massive Vallco project which the Council nor the residents have approved because of the 2014 loophole created by Sinks, G. Wang and Barry.

Wei and Bono have praised these people along the way and celebrated Vallco, while downplaying the massive o
ffice and its impact.

The city recently was forced into a se lement to Vallco developer a huge amount of fee waiver.

But Mayor Mohan wrote in her newsle er “The City will receive $43 million and 10 acres of park space [from Vallco developer],” which is far far from the truth. 3 223
CC 09-17-2024
223 of 233
Instead, as a part of the se lement, the city waived at least $77 million impact fees, which other developers have to pay and would only receive $43 million of the required $120M fees. And with the standard in the Quincy Act, the demand for parkland from residents at Vallco would be 10 acres. But the Rise (the latest proposal for Vallco) did not provide 10 acres of parkland at all. The project only provides 7.4 acres of “public open space”, which consists of multiple tiny pieces of areas, which are not necessarily turfed park areas.
2024-09-10 Response to resident email “Homeless encampment behind Target” (email thread ) 2024-09-10 Update on the Fire Incident at Lawrence Mi
y Park (email from City sta ff)
Section 2: Commiee Assignment
- No meeting this period.

Section 3: Other Information of Interest to My Constituents:

1. Update on the Vallco (the Rise) project
- Vallco gets $77M in fee waiver from the Settlement Agreement:

As stated in the July 16 Sta ff Report, “The fees waived would be substantial (totaling approximately $77 million, as calculated under the FY 2024-25 fee schedule). However, the decision to enter into the Se lement Agreement reflects the legal risk and uncertainty surrounding the ability to collect the full amount of impact fees that would be owed by the project.” The total amount of impact fees is about $120 millions. To avoid additional legal fees to collect the full impact fees, the city se led to receive only $32.5 millions.

The newsleer by Mayor Sheila Mohan stated that from the se lement with Vallco, “the city will receive $43 million”. That statement by the Mayor is inaccurate and misleading since the total amount owed to the City should have been $121 million .

Every development project pays the impact fees to mitigate the impact in tra ffic, parkland and below-market-rate housing needs. These fees are determined based on a Nexus Study to demonstrate the actual impact to the City. Whenever the City gives any fee waivers, the City still have to mitigate the impact with the general fund or with additional taxes. - 7.36 acres of Public Open Space, not parkland, not 10 acres:

The newsle
er by Mayor Sheila Mohan stated that from the se lement with Vallco, “the city will receive 10 acres of park space”. That is not accurate. From both the Settlement Agreement. and the Nov. 2013 Plan Set, it is clear that the Rise only includes 7.48 acres of “public open space” (not parkland nor green space), which consist of small pieces of open space here and there. - “City agrees that based on the Project program as approved, the Project yields a parkland demand of 9.61 acres, as calculated based on the City’s requirement of three acres of park 4 224
CC 09-17-2024
224 of 233
per 1,000 residents and the average household size of 1.8 person per multifamily unit." (From the Selement Agreement) Out of the 7.38 acres, about 3.5 acres in 3 smaller pieces, seem to be a turfed area.
-
- 2 Million sq.ft. O ffice Space:

The project has 2 million square feet of o ffice space, which would likely accommodate 10,000 workers, with the industry standard of 200 sq. ft. per worker. Even with 50 people per bus load, that would mean 200 bus load of people who will commute to the site daily, since usually no more than 5% workers live within walking distance of their jobs. - Vallco Has No Building Height Limit?:

Vallco Shopping Mall had a height limit of 45-60 feet before, but the 2014 City Council (with 4:1 vote - Rod Sinks, Gilbert Wang, Barry Chang and Savita voted yes) removed that height limit when they gave away the 2 million sq.ft. o
ffice space allocation. They had a chance to restore the
height limit in November 2017 when SB 35 was signed into law and will be enacted on Jan. 1 2018, but the majority of the 2017 Council (with 3:2 vote, Rod Sinks and two others) refused to restore 5 225
CC 09-17-2024
225 of 233
height limit or remove the o ffice allocation. These irresponsible decisions by these previous City Councilmembers have resulted in a SB 35 project with a large amount of o ffice space to worsen the housing crisis, with no height limit.
- Building Height is 228 feet, equivalent to 19 stories with 12 feet/story:

Since the SB 35 project and its revision would not need the Council approval, I had to look up the Plan Set of the Nov. 2013 revision to
find out the building height. The tallest building will be 18 stories tall with a height of 228 feet above ground. My email response included screenshots from the Nov. 2013 Plan Set.

2. Housing Element Update:
- Highlights of the HE: 4,588 units are required for the HE, but the current HE has planned 5,881 units, about 28% more than required . (May 14 Agenda Item 1, Minutes) - By not counting 1,500 units in already approved projects and underestimating the realistic capacity for mixed use projects (counting only 70%), Cupertino upzoned more properties than required to meet the RHNA requirements. - The density (units/acre) of many sites will increase from 20 units/acre to 50-65 6 226
CC 09-17-2024
226 of 233
units/acre and some will increase to 65-80 units/acre.
- Some R1 lots in residential neighborhoods are upzoned to R3-TH designation to allow 5-10 units/acre.
- R1 corner lots will be allowed to develop with R2 standards to allow duplex, triplex or quadruplex. (Every R1 lot already allows up to 3 ADUs due to state laws)
- Broken HE Process so far… .
- The final draft of the Housing Element and the General Plan amendment are approved by the majority of the Council on May 14. Unfortunately, the environmental impact analysis has minimal information, even though we are looking at an unprecedented growth rate with over 6,200 units to be permi ed in 8
years.
- Although this is the first Council meeting where the draft Housing Element is on the agenda for discussion, there were no wri en answers provided from the sta ff, as normally provided for other items on the Council agenda. Given the time constraints, only a few questions were covered on the dais. Thus, many questions from the community and the council members still left unanswered:
- Here are some questions submi ed and some with answers: 15 more questions without answers, questions are corner lots with answers, additional questions from the community without answers. - The result of the broken process is that Cupertino up-zoned 2,600 units more than the legally required 4,588 units. This overly densi fies Cupertino than necessary and leaving lile room for adjustment in the future.
- Latest: The ordinance to upzone properties is adopted at the July 2 Council meeting (Agenda Item 7, Minutes)
- The sta ff recommendation already meets all legal standards and HCD’s requirements, but Cupertino adopted an ordinance to upzone thes HE sites plus 7 227
CC 09-17-2024
227 of 233
unnecessary provisions proposed by Councilmembers Fruen and Wei to relax the zoning standards.
- Chao moved and Moore seconded to approve the sta ff recommended action with minor adjustments. The motion did not pass. Councilmembers Fruen and Wei proposed several signi ficant revisions to relax the zoning standards after the public comment closed, which increased allowed floor-area-ratio, increased allowed lot coverage, reduced parking standards. reduced setback and given the sta ff authority to make more changes to increase “ flexibility”. The Council voted 3-2 to pass the much relaxed zoning standards.
- Next Step: There will be design standard updates, such as R2 standards for the corner lots. and other ordinances to implement the policies outlined in the Housing Element.

Section 4: Information Access Useful to My Constituents:

1. “Wri en Communication” for a City Council meeting:
- When will an email sent to the City Council be included in the “Wri en Communication” file of a Council meeting?
- From the City Clerk:
- Emailed comments that are related to an agenda item and received following the agenda publication prior to or during the meeting will be posted to the City’s website. - Emailed comments related to non-agenda items and received following the agenda publication prior to or during the meeting will be posted upon request.

2. Recordings of Commission Meetings:

Starting in June, commission meetings will be recorded for viewing later, although no teleconferencing to allow remote participation.
- Find the recordings here under each commission.

3. SB 330 Preliminary Application and Builders’ Remedy Projects - An info memo is published on July 25: “Sco field Drive SB330 Preliminary Application pursuant to Builder’s Remedy” was posted (The memo was requested by the Council at the July 2 Council meeting after hearing public concerns on the project) - The memo also includes a list of eight SB330 applications received so far. Four of them are utilizing the Builders’ Remedy (BR) provisions of HAA".

4. Information Memo posted on the City website:

City Council Informational Memos are now available on the City website. The information can be accessed from the City website at cupertino.org/memos and the City Councilmembers page. You can also find the page via the “Our City” banner and by entering search terms in the “Search the Site” box at the top of the website. Anyone may use the eNotification signup to receive informational memo updates by email.
8 228
CC 09-17-2024
228 of 233

4. How to Search an agenda item:

A community member showed me a way to search for items on the past city meetings:
● Go to this page: hps://cupertino.legistar.com/Calendar.aspx ○ Make sure that “Calendar” is selected from the top row of tabs and the “List View” is selected from the bo om row of tabs.
○ Enter the search term, such as “investment report”. Choose the year or select “ All Years”
(Last Activity Report in the September 4, 2024 Council Meeting Agenda.) 9 229
CC 09-17-2024
229 of 233
1 CITY COUNCIL ACTIVITY REPORT
Meeting: September 17, 2024

Reporting Councilmember: Vice Mayor J.R. Fruen

Report Activity Dates: 8/27/24 to 9/9/24

Event Date, Title, and Description:

Event 1. August 31, 2024 – Meeting with the City Manager – I attended my regular weekly meeting with the City Manager to go over upcoming council agendas and to discuss ongoing issues, including constituent matters.

Event 2. September 6, 2024 – Meeting with the City Manager – I attended my regular weekly meeting with the City Manager to go over upcoming council agendas and to discuss ongoing issues, including constituent matters.

230
CC 09-17-2024
230 of 233
1 CITY COUNCILMEMBER REPORT
Meeting: September 17, 2024

Reporting Councilmember: Mayor Sheila Mohan

Report Dates: 8/27/24 to 9/9/24

Item Date, Title, and Description:

8/31/21: Attended a Meet and Greet hosted by the Consul General of India in honor of the visit by the Chief Minister of Tamil Nadu, a State in Southern India. The event was held in Fremont and was well attended by local and regional elected officials. Cupertino’s role in the world of high-tech was acknowledged.

9/3/24: I was of one three speakers at the AAPISTRONG Annual Conference where businesses owned and run by Asian Americans were recognized. I spoke of our City’s commitment to economic and cultural diversity and highlighted the role of Asian Americans in the life of the community.

9/6/24: Together with City Manager Wu, we met with a group of residents from the Linda Vista neighborhood about the Evulich Ct proposal and the Vista Heights Builder’s Remedy application. City Manager Wu detailed the process the city goes through to review applications, and we discussed the roles various stakeholders need to play – the community, the developer and the City.

9/6/24: Recorded a promotional video for the Heritage India Faire to be held at Memorial Park and organized by the Bhubaneswar-Cupertino Sister City Initiative. My remarks focused on the unique characteristics of Bhubaneswar and the various artistic and cultural contributions of the community.

9/7/24: I spoke at the annual Moon Festival held at Main Street – a well- attended community event with a variety of Chinese dances, music, food and traditional Chinese hospitality.
231
CC 09-17-2024
231 of 233
City Council Councilmember Report

2 9/9/24: Together with City Manager Wu, I attended the special event hosted at Apple Park to introduce the latest models of the IPhone (#16), the Apple Watch and Apple Air pods. CEO Tim Cook graciously welcomed us and thanked us for attending this event.

9/9/24: The monthly Chai and Chat with the Mayor was held at Philz Coffee on Main Street. An unusually large group (close to 60) attended – and voiced their concerns about various events, particularly home burglaries of Asian homes in the Rancho Rinconado neighborhood. I committed to organizing a meeting with the Sherriff’s office and making sure their concerns were heard and appropriate action taken

232
CC 09-17-2024
232 of 233
1 CITY COUNCIL ACTIVITY REPORT
Meeting: September 17, 2024

Reporting Councilmember: Councilmember Kitty Moore

Report Activity Dates: 8/26/24 to 9/9/24

Event Date, Title, and Description:

August 28, 2024. Attended Block Leader Public Safety presentation.

August, 2024. Met with resident groups regarding various developments to hear their perspectives.

August 29, 2024. Reviewed the following Council Informational Memos.

August 29, 2024 - De Anza Blvd Buffered Bike Lane Project

August 29, 2024 - 2024 Legislative Status Update

August 29, 2024 - Pesticide Use

August 29, 2024 - Artificial Turf

August 29, 2024 - City Investment Policy
August 29, 2024 - Monthly Treasurer’s Investment Report for July 2024

August 29, 2024 - Monthly Treasurer’s Report for July 2024 September 4, 2024. Attended Special and Regular City Council meetings.

233
CC 09-17-2024
233 of 233