Cupertino City Council
October 7, 2025

contained in CEQA Guidelines section 15303(d) because new construction or conversion of small structures for utility extensions are categorically exempt.

CEQA applies only to actions which have the potential for causing a significant effect on the environment. In this circumstance, t he proposed action of adopting Cupertino Municipal Code Section 14.30, which regulates the installation of small wireless communication facilities in the public right of way, would have no or only a de minimis effect on the environment. The foregoing determination is made by the City Council in its independent judgment.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of October, 2025, by the following vote:

Members of the City Council

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:

________
Liang Chao, Mayor
City of Cupertino

________________________
Date
ATTEST:

________
Kirsten Squarcia, City Clerk

________________________
Date

164

CITY OF CUPERTINO
Agenda Item
25-14333 Agenda Date: 10/7/2025
Agenda #: 14.

Subject: Memorandum of Understanding (MOU) between the City of Cupertino and other local public agencies in Santa Clara County to fund the Composting Education Program in the amount of $9,186.90 (January 2026 - June 30, 2027, with an option for a two-year extension) (Continued from September 16, 2025)
Authorize the City Manager to execute an MOU between the City of Cupertino and other local public agencies in Santa Clara County to fund the Composting Education Program and allocate $9,186.90 from Resource Recovery Fund 520 for Cupertino’sshare of program costs for the term January 2026 - June 30, 2027, with no impact to the General Fund
CITY OF CUPERTINO Printed on 10/1/2025Page 1 of 1
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165

PUBLIC WORKS DEPARTMENT

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-5732
TELEPHONE: (408) 777-3354 • FAX: (408) 777-3333
CUPERTINO.GOV

CITY COUNCIL STAFF REPORT
Date: October 7, 2025
Subject
Memorandum of Understanding (MOU) between the City of Cupertino and other local public agencies in Santa Clara County to fund the Composting Education Program in the amount of $9,186.90 (January 2026 – June 30, 2027, with an option for a two-year extension).

R
ecommended Action
Authorize the City Manager to execute an MOU between the City of Cupertino and other local public agencies in Santa Clara County to fund the Composting Education Program and allocate $9,186.90 from Resource Recovery Fund 520 for Cupertino’s share of program costs for the term January 2026 – June 30, 2027, with no impact to the General Fund.

Ex
ecutive Summary
The Composting Education Program (CEP) has been operating in Santa Clara County in collaboration with the University of California Cooperative Extension (UCCE) staff since 2014 and was supported by the County Solid Waste Planning Fee (SWPF). Due to declining SWPF revenue, interested jurisdictions propose to continue the program and fund the activity through an MOU. The term of the MOU is January 2026 – June 30, 2027, with an option to extend for two years with execution of a written amendment by all participating parties. Cupertino’s contribution will be a total of $9,186.90 for the initial term. This MOU will allow continued access to workshops, technical support, community engagement, and master composter training. The activities will be funded by the City through Resource Recovery Fund 520, with no impact to the General Fund. This program supports the requirements of SB1383 (California’s Short-Lived Climate Pollutant Reduction Strategy), Climate Action Plan 2.0 action W-2 to reduce overall waste, and action 11 of the City’s Zero Waste Policy to “continue to provide incentives and public training to support proper and effective backyard composting.” Ba
ckground
The CEP supports waste reduction goals of both Cupertino and the County by engaging the community in sustainable waste management practices. Residents attend in-person classes where they are educated about home composting and are encouraged to turn food and yard 166
waste into a nutrient-rich soil amendment that benefits their gardens and landscapes. In 2024, the CEP conducted 37 compost workshops, 21 events, and worked at 24 schools across Santa Clara County, including two events hosted in Cupertino. Fifty-two Cupertino residents attended workshops in 2024, up from 41 in 2023. The CEP also presented to a McClellan Ranch summer camp, regularly staffs a table at the Cupertino Earth & Arbor Day festival, and presents to students in Cupertino Union School District, most recently at Eaton Elementary School in early 2025.

T
he Composting Education Program has historically been funded by the Solid Waste Planning Fee (SWPF) which is assessed on each ton of waste disposed of in a landfill in Santa Clara County. In 2016, California Senate Bill 1383 (SB 1383) was adopted, setting goals to reduce the disposal of organic waste in landfills in an effort to reduce greenhouse gas emissions. The successful implementation of SB 1383 organics diversion programs has significantly reduced landfill disposal tonnage countywide, causing SWPF revenue to decrease. At the same time, the costs of the programs have been increasing.

Wi
th reduced SWPF revenues and rising costs, the Technical Advisory Committee (TAC) to the Santa Clara County Recycling and Waste Reduction Commission (RWRC) needed to find alternative funding avenues to continue providing access to this program. The SWPF revenues alone will not be sufficient to support the future of the CEP.

T
he cities of Cupertino, Gilroy, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa Clara, and the County of Santa Clara expressed interest in continuing to provide composting education services to residents by jointly funding the cost of the CEP through a Memorandum of Understanding (MOU). The CEP MOU was reviewed and accepted by the RWRC on August 27, 2025.

Reasons for Recommendation and Available Options
The MOU will ensure the ongoing operation of the CEP for participating jurisdictions that provide their respective share of costs to fund the program. The MOU’s funding will support

0.5 FTE for a program coordinator. The program coordinator will collaborate with UCCE staff to develop curriculum and training materials for master composter volunteers who deliver the training to the public.

T
he term of the MOU is January 2026 – June 30, 2027, with an option to extend for two years with execution of a written amendment by all participating parties. The MOU will be administered by Countywide Solid Waste Services, which currently provides contract and administrative services for the TAC to the Santa Clara County RWRC.

Be
low is a summary of services that will be provided under the scope of the MOU. • Edu
cational Outreach and Workshops
o Workshop delivery – at least 25 workshops across the County, including 3-6 w
orkshops specifically in the Central area of the county. o Community engagement – participation in 15 community events across the County, including some in Cupertino, such as Earth and Arbor Day Festival. 167
o School composting education and support – support at least ten K-12 schools, 1500 st
udents, and installation of compost systems in up to five K-12 schools (
countywide).
• Technical Support and Services
o Direct assistance – referrals, online requests.
o Resource distribution – inform participants about access to free compost bins for C
upertino residents who complete trainings.
• Program Development and Expansion
o Regulatory compliance outreach – develop and expand outreach on SB1383 requirements, organic waste recycling, food waste reduction, and curbside collection.
o Demonstration site operation and enhancement
o Master composter volunteer training
C
ost Sharing
The CEP costs are based on population. The total amount for the term of the MOU is $233,785.54 ($116,892.77 in FY 2025/26 and $116,892.77 in FY 2026/27). The City of Cupertino’s portion of the MOU is a total of $9,187 for the initial term of the MOU. Contributions are roughly based on the percentage of county population in each jurisdiction applied to an original program cost that assumed participation from all jurisdictions. The City of Cupertino share is

3.93% of the program after adjustments to remove non-participating jurisdictions.

B
ased on the findings outlined above, staff recommends that City Council authorize the City Manager to execute the MOU to fund the CEP, which provides workshops and education about home composting provided by the UCCE that directly supports the City's waste reduction goals by engaging the community in sustainable waste management practices.

Sustainability Impact
Composting education supports:
• The City’s Climate Action Plan 2.0 action W-2 to reduce overall waste disposed to garbage, recycling, and compost.
• Co
mpliance with SB1383, California’s Short-Lived Climate Pollutant Reduction Strategy b
y providing resources and training to keep food scraps and other organics out of the landfill.
• Action 11 of the City’s Zero Waste Policy to “continue to provide incentives and public training to support proper and effective backyard composting.” F
iscal Impact
The City of Cupertino’s portion of the MOU is a total of $9,187 for the initial term of the MOU.

These funds will come from Resource Recovery Fund 520 using G/L 520-81-801 700-702 with no impact to the General Fund. If approved, staff will bring a budget adjustment in Q1 or as needed.

City Work Program (CWP) Item/Description
None
168
Council Goal:

Composting education supports the City Council goal of Environmental Sustainability.

California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Ursula Syrova, Environmental Programs and Sustainability Manager Reviewed by: Chad Mosley, Director of Public Works
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, Interim City Manager Attachments:

A – FY 25-27
Draft MOU
169

MEMORANDUM OF UNDERSTANDING

AMONG LOCAL PUBLIC AGENCIES

IN SANTA CLARA COUNTY

FOR THE COMPOSTING EDUCATION PROGRAM
This Memorandum of Understanding (“MOU”) is entered into by and between the cities of Cupertino, a municipal corporation of the state of California; Gilroy, a municipal corporation of the state of California; Morgan Hill, a municipal corporation of the state of California; Mountain View, a municipal corporation of the state of California; Palo Alto, a municipal corporation of the state of California; San José, a municipal corporation of the state of California; Santa Clara, a municipal corporation of the state of California; and the County of Santa Clara, a political subdivision of the State of California; collectively “Parties” or individually as a "Party."

RECITALS

A. The signatory Parties are also “PARTIES” to the Memorandum of Agreement (“MOA”) entered into on June 14, 2013 for the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee (“TAC”), which is a separate Committee created to assist the County of Santa Clara Recycling and Waste Reduction Commission (“RWRC” or “Commission”) that advances the interests of Party Jurisdictions by performing technical and policy review to inform parties and advise the Commission on solid waste management issues, and bring together varied expertise and viewpoints for planning and implementing the Commission approved annual workplan and budget. The MOA, which remains in effect, is attached hereto and incorporated herein by reference as (“Exhibit A”).

B. The participating Parties have previously agreed to jointly administer and fund the cost of the Composting Education Program (the “Program”).

C. The RWRC is scheduled to review and accept this MOU and associated financial contributions to incorporate into the Commission budget as Countywide Funds at the August 27, 2025, meeting.

D. The Parties desire to execute this MOU is to ensure ongoing operation of the Program for participating jurisdictions and to provide each Party’s respective share of costs to fund the Program. 170

NOW, THEREFORE, the Parties agree as follows:

SECTION 1. PURPOSE OF THE MOU

The purpose of this MOU is to establish a system of:
1) Management and operation of the Program from January 1, 2026, to June 30, 2027. The Program will also cover the costs from July 1, 2025, to December 31, 2025, and will be reimbursed retroactively from July 1, 2025, upon execution of the MOU.

2) Payment by the Parties for their share of the costs for implementation of the Program as referenced in (“Exhibit B”).

SECTION 2. TERM AND EFFECTIVE DATE

The agreement will become effective upon execution by all parties or by January 1, 2026, whichever comes first.

SECTION 3. EXTENSION

The MOU may be extended in two-year increments, initially from July 1, 2027, to June 30, 2029, and thereafter upon approval by the Parties.

SECTION 4. DEFINITIONS
The original 2013 Memorandum of Agreement entered into between the Parties (and as may be amended from time to time) defined in detail the duties of the TAC Administrator, Contracting Agent (currently the City of Morgan Hill in its capacity as Countywide Solid Waste Services), and Fiscal Agent (currently Santa Clara County), and those definitions from the MOA shall apply to this MOU. For ease of reference, those definitions are summarized below.

4.1 The TAC Administrator provides administration and management services to the TAC and carries out the annual workplan.

4.2 The Contracting Agent executes contracts with outside contractors, including the Administrator and the Fiscal Agent that have been requested and approved by the Implementation Committee.

4.3 The Fiscal Agent serves as the treasurer of the Countywide Funds and is responsible for collecting the Solid Waste Planning Fee from all solid waste disposal facilities and non-disposal facilities located within Santa Clara County.

SECTION 5. RESPONSIBILITIES OF THE TAC ADMINISTRATOR AND CONTRACTING AGENT
171

5.1 The TAC Administrator will provide administration and management of the Program. These duties include overseeing the work of the Program, development of the budget, and inclusion of the Program in the annual work plan and budget. The costs to perform these duties will be included in the annual workplan and budget designated as Countywide Funds for the Program as defined in the MOA.

5.2 Contracts executed by the Contracting Agent for the Program, TAC Administrator and Fiscal Agent will be based on the approved budget for the Program. The Contracting Agent will provide an invoicing system to pay the Program, TAC Administrator, and Fiscal Agent. The Contracting Agent shall provide the TAC Administrator with the proposed costs to perform these duties. The signatory Parties to this MOU (except when acting in their authorized capacities as Contracting Agent, TAC Administrator, and Fiscal Agent) are not direct parties to the third-party contracts entered into by those agents.

SECTION 6. RESPONSIBILITIES OF THE FISCAL AGENT

The Fiscal Agent will collect and receive funds from the Parties for implementation of the Program. Funds will be segregated from the Countywide Solid Waste Program Funds in separately numbered and coded accounts that are readily identifiable as those containing Program or Countywide Solid Waste Program Funds. The Fiscal Agent shall not expend, use, or transfer any Program funds except in accordance with the annual work plan and budget.

The Fiscal Agent shall provide the TAC Administrator with the proposed costs to perform these duties as part of the annual work plan budget development process.

SECTION 7. RESPONSIBILITIES OF THE PROGRAM
The Program will implement the scope of work specified in Exhibit D to this MOU (“Exhibit D”).

SECTION 8. RESPONSIBILITIES OF THE PARTIES
The Parties will share costs of implementing the Program as described in Exhibit B and undertake the duties assumed by the Parties as described in this MOU (“Exhibit C”).

SECTION 9. PAYMENTS UNDER THIS MOU

9.1 The Parties agree to share costs of the Program based on population size as defined in the cost share matrix contained in Exhibit B.
172

9.2 The Parties agree to pay forth costs identified in the budget and approved through the Implementation Committee of the RWRC. For Fiscal Year 2025-2026, the Fiscal Agent shall invoice the Parties for the amounts specified in Exhibit B by no later than November 30, 2025, and the Parties shall submit payment for those invoices by January 1, 2026. For Fiscal Year 2026-2027, and each year thereafter (upon execution of an extension of this MOU) the Fiscal Agent shall invoice the Parties by May 30th of each year, and the Parties shall submit payment for those invoices by no later than June 30th of each year. Each Party will make their payment to the Fiscal Agent based on the invoice amount within thirty (30) calendar days of receipt.

9.3 The Fiscal Agent will ensure that the Program account is segregated from the Solid Waste Program Fee Fund account managed pursuant to the MOA.

SECTION 10. BOOKS AND ACCOUNT

The Fiscal Agent will keep complete and accurate financial records, including funding contribution amounts from each Party, date of invoice request, and payment submittals, and shall report this information in Quarterly Reports submitted to the IC and the RWRC as required in the MOA. Upon reasonable notice to the Fiscal Agent, any Party to this MOU may inspect the financial records related to this MOU.

SECTION 11. FURTHER ASSURANCES

Each Party will adopt, execute, and make any and all further assurances, documents, instruments and resolutions as may be reasonably necessary or proper to carry out the intention or to facilitate the Parties’performance of their obligations under this MOU.

SECTION 12. REPRESENTATIONS AND WARRANTIES
Each Party represents and warrants to all other Parties as follows:

12.1 Authority: Each Party has the full legal right, power and authority under the laws of the State of California to enter into this MOU and to carry out all of its obligations herein.

12.2 Due Execution: Each Party’s representatives who sign this MOU are duly authorized to sign and bind their respective agency.

12.3 Valid, Binding, and Enforceable Obligations: This MOU has been authorized and executed by each Party and constitutes the legal, valid, and binding agreement of the Parties, and is enforceable according to its terms.

SECTION 13. REMEDIES NOT EXCLUSIVE
173

No remedy herein conferred upon or reserved in this MOU is exclusive of any other remedy, and each such remedy shall be cumulative and shall be in addition to every other remedy provided hereunder or hereafter existing in law or in equity or by statute or otherwise, and all remedies may be exercised without exhausting and without regard to any other remedy.

SECTION 14. INDEMNIFICATION

In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by a Party shall not be shared pro rata but, instead, the Parties agree that, pursuant to Government Code Section 895.4, each of the Parties hereto shall fully indemnify and hold each of the other Parties, their officers, board members, employees , and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying Party, its officers, employees, or agents, under or in connection with or arising out of any work, authority, or Jurisdiction delegated to such Party under this MOU (including but not limited to work engaged in or contracts entered into by a Party acting in their capacity as Contracting Agent, Program Manager, TAC Administrator, or Fiscal Agent.). No Party, nor any officer, board member, or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of any other Party hereto, its officers, board members, employees, or agents, under or in connection with or arising out of any work authority or Jurisdiction delegated to such other Party under this MOU, as indicated in this Section. The obligations set forth in this paragraph will survive the termination and expiration of this MOU.

SECTION 15. SEVERABILITY

The provisions of this MOU shall be severable, and if any clause, sentence, paragraph, provision or other part shall be adjudged by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this MOU will be valid and binding on the Parties.

SECTION 16. AMENDMENTS

This MOU may only be amended by a written instrument signed by each of the Parties.

SECTION 17. COUNTERPARTS

This MOU may be executed in counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument.

SECTION 18. USE OF ELECTRONIC SIGNATURES

Unless otherwise prohibited by law, the Parties agree that an electronic copy of a signed contract, or an 174

electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a writing as set forth in Evidence Code Section 1550. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the Parties. Should any Jurisdiction not permit electronic signatures only their copy of the MOU must be signed in the conventional manner.

SECTION 19. INTERPRETATION, PRIOR AGREEMENTS AND AMENDMENTS.

This MOU, including all Exhibits attached hereto, represents the entire understanding of the Parties as to those matters contained herein. In the event that the terms specified in any of the Exhibits attached hereto conflict with any of the terms specified in the body of this MOU, the terms specified in the body of this MOU shall control. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This MOU may be modified only by a written amendment duly executed by the Parties to this MOU. This MOU is intended to supplement the original MOA and does not replace the original MOA. The MOA shall remain in effect and to the extent that there are any contradictions between this MOU and the original MOA, the provisions in this MOU shall prevail.

SECTION 20. WITHDRAWAL FROM MOU
No individual Party may withdraw from this limited term Agreement on or before June 30, 2026. Any Party wishing to withdraw on or after June 30, 2026, must provide a sixty (60) day notice to the Contracting Agent. Withdrawal by a Party does not affect the cost contributions of the remaining Parties.

SECTION 21. NO LEGAL RELATIONSHIP

By entering into this MOU, the Parties are neither forming, nor do they intend to form a partnership, agency, or any other legal entity relationship. No Party is authorized to bind or to act as the agent or legal representative of the other Party for any purpose, and neither Party is granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of any other Party.

SECTION 22. GOVERNING LAW, VENUE

This MOU has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. Proper venue for legal action regarding this MOU shall be in the County of Santa Clara.

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MEMORANDUM OF UNDERSTANDING

AMONG LOCAL PUBLIC AGENCIES IN SANTA CLARA COUNTY

FOR THE COMPOSTING EDUCATION PROGRAM

IN WITNESS HEREOF, the Parties have executed the MOU as of the last date set forth below:

City of Cupertino – City Manager Approval as to form, Senior Assistant City Attorney
Date:_____________________________ Date:_____________________________

City of Gilroy- Public Works Director Approval as to form, Gilroy City Attorney
Date: Date:

City of Morgan Hill, as a Party and as
Contracting Agent and TAC
Administrator
Approval as to form, Morgan Hill City
Attorney
Date: Date:

176

City of Mountain View- Public Works
Director
City of Mountain View – Finance and
Administrative Services Director
Date:

Date:

City of Mountain View- City Manager Approval as to form, Mountain View Senior Assistant City Attorney
Date:

Date:

City of Palo Alto – City Manager Approval as to form, Palo Alto Assistant City Attorney
Date:

Date:

City of Santa Clara - City Manager Approval as to form, Santa Clara City Attorney

Date:____________________________ Date:_____________________________

177

County of Santa Clara, as a Party and as
Fiscal Agent - Chief Operating Officer
Approval as to form and legality, Santa
Clara County Deputy County Counsel

Date:_____________________________ Date:_____________________________

City of San José, Director of the City
Manager's Office of Administration,
Policy and Intergovernmental Relations
Approval as to form, San José
Senior Deputy City Attorney

Date:___________________________ Date:_____________________________

178
I·-,

AGREEMENT

CREATING THE SANTA CLARA COUNTY

RECYCLING AND WASTE REDUCTION

TECHNICAL ADVISORY COMMITTEE
THIS AGREEMENT, is made·and entered into this 4 ±::~ day of JU V\ e. 2013 by and between the COUNTY OF SANTA CLARA, a political subdivision of the State of California; CITY OF CAMPBELL, a municipal corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of the State of California; CITY OF GILROY, a municipal corporation .of the State of California, CITY OF LOS ALTOS, a municipal corporation of the State of California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California; TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF MILPITAS, a municipal corporation of the State of California; CITY OF MONTE SERENO, a municipal corporation of the State of California; CITY OF MORGAN HILL, a municipal corporation of the State of California, CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California; CITY OF PALO AL TO, a municipal corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the State of California; CITY OF SANTA CLARA, a chartered municipal corporation of the State of California; CITY OF SARATOGA, a municipal corporation of the State of California; and CITY OF SUNNYVALE, a municipal corporation of the State of California.

All of the above-mentioned entities are hereinafter collectively referred to as "PARTIES" or individually as "PARTY."
RECITALS:

A. In 1989, the California Legislature passed and enacted the California Integrated Waste Management Act, known as "AB 939", (Public Resources Code Section 40000 et. seq) requiring jurisdictions to divert 25% of waste from disposal by 1995 and 50% of waste ·from disposal by 2000. AB 939 required each County to develop and periodically update . a County Integrated Wast~ Management Plan and to appoint an AB 939 Local Task Force. ·
B. Prior to 1992, the Solid Waste Committee of the Santa Clara County Intergovernmental Council advised the cities and the County on solid waste and recycling issues. The Technical Advisory Committee, also originally convened by the Intergovernmental Council, provided technical advice to the Solid Waste Committee on solid waste and recycling issues.

C. On or about February 1992, the Santa Clara County Board of Supervisors and the cities in Santa Clara County designated the Solid Waste Committee of the Intergovernmental Council as the AB 939 Task Force for Santa Clara County.

D. On February 4, 1992, the Santa Clara County Board of Supervisors replaced the Solid Waste Committee of the Intergovernmental Council with the Solid Waste Commission of Santa Clara County ("Commission") in order to streamline the 5/6/13
JUN o 4 2013 179

TAC MEMORANDUM OF AGREEMENT
decision-making process on solid waste and recycling issues. (Ordinance No. NS- 300.495) The powers and duties of the Commission are defined in Chapter XVII, Division A6 of the County of Santa Clara Ordinance Code.

E. On December 4, 2001, the Santa Clara County Board of Supervisors approved Ordinance No. NS-300.658 changing the name of the Commission to the Recycling and Waste Reduction Commission of Santa Clara County.

F. The Commission advises city councils and the Board of Supervisors in Santa Clara County on countywide solid waste and recycling planning issues and on the County Solid Waste Management Plan/County Integrated Waste Management Plan.

G. The By-Laws of the Commission (also approved by the County Board of Supervisors on February 4, 1992) continued the existence of the Recycling and Waste Reduction Technical Advisory Committee (the ''TAC"). The purpose of the TAC was to provide technical advice to the Commission on solid waste management and policy; to bring together a wide spectrum of viewpoints and expertise on countywide solid waste and recycling issues affecting individual jurisdictions; and to assist in development of policies, programs and revisions and amendments to countywide plans. ' H. On an annual basis, the TAC prepares and submits an Ann.ual Workplan and Budget for review and approval by the Commission. The Commission-approved Annual Workplan is then implemented by the TAC using funds in the Commission-approved Annual Budget.

I. In accordance with the AB 939,provisions for financing solid waste diversion and planning activities, the County of Santa Clara levies and c~llects the Countywide Solid Waste Planning Fee C'SWPF") on each ton of solid waste disposed at landfills located within the County, on tons taken to non-disposal facilities located within the county .and subsequently transported for disposal to landfills outside Santa Clara County, and on tons transported directly to disposal facilities located outside Santa Clara County. The current SWPF of $0. 78 per ton was established by the County Board of Supervisors on May 19, 2009. Funds from the SWPF are used to fund the activities and programs of the Commission and the TAC. In addition, funds from grants, voluntary contributions from other agencies and other revenue sources are used to fund these activities and programs. Such funds, including monies from the SWPF, are referred to herein as "Countywide Funds".

J. In 2011, Assembly Bill 341 ("AB 341 ") was signed into law establishing a statewide goal of diverting 75% of solid waste from disposal by 2020 and requiring The California Department of Resources, Recycling and Recovery to prepare and submit a plan to the Legislature on or before January 1, 2014 on how to achieve this goal.

K. Since the TAC was o~iginally established, the field of solid waste management and recycling has become much more complex and the PARTIES must comply with an increasing number of laws and regulations. In order to achieve the statewide goal of 75% diversion, many materials currently disposed in landfills must be segregated and 5/6/13. ·• . ;; :
180

TAC MEMORANDUM OF AGREEMENT
processed at new facilities, and channeled into useful purposes. New infrastructure, diversion systems and enhanced producer responsibility measures must be implemented in order to accomplish this goal.

L. Commensurate wit_h changes in the breadth and complexity of the solid waste and recycling field, the work and functions of the TAC have evolved over time to encompass not only providing advice to the Commission, but also recommending, implementing and monitoring countywide public education and diversion programs included in the Commission-approved Annual Workplan and Budget where it is cost effective for the PARTIES to jointly provide such programs.

M. The. TAC requires expanded powers and authority to monitor ongoing staffing support for programs in the Commission-approved Annual Workplan as well as the power and authority to recommend, monitor and audit the funding for these programs, at the levels contained in the Commission-approved Annual Budget.
. N. In order to address these issues, the Commission appointed the Ad Hoc Committee for TAC Organizational Study, and the TAC appointed the TAC Ad Hoc Organizational Study Subcommittee. Pursuant to recommendations from these Committees, the County retained Arroyo Associates in 2010 to conduct an independent Organizational Study. The study evaluated the countywide integrated waste management programs and services and provided operational and organizational recommendations to enhance the efficiency and effectiveness of the countywide solid waste management system. The Commission's Ad Hoc Committee held a meeting on May 29, 2012 with representatives of the TAC and the public to discuss the recommendations of the Organizational Study and options for restructuring the operating parameters of the TAC.

0. The purpose of this Agreement is to implement the recommendations of the Commission's Ad Hoc Committee and the TAC Ad Hoc Subcommittee to revise the functions, powers, membership, structure and duties of the TAC to make these consistent with the manner in which the TAC currently functions; and to simplify the reporting relationship between the Commission and the TAC. Such changes are desired by the PARTIES in order to facilitate countywide and regional approaches for meeting the statewide goal of 75% diversion articulated in AB 341; remaining in compliance with the existing requirements of AB 939, SB 1016 and all other state and federal laws and regulations, and planning for the goal of zero waste in the future.

NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

I. PURPOSES AND FUNDING
The Santa Clara County Recycling and Waste Reduction Technical Advisory Committee ("TAC") is hereby established to replace the Recycling and Waste Reduction Technical Advisory Committee referred to in Article V of the Commission Bylaws dated October 2001.

A. Purposes. The purposes of the TAC are:
5/6/13 3
181

TAC MEMORANDUM OF AGREEMENT
5/6/13

1. To implement the Commission-approved Annual Workplan and Budget;

2. To advise the Commission and the decision-making bodies of all· PARTIES on technical and policy issues related to solid waste management and recycling including plans to achieve the statewide AB 341 goal of 75% diversion by 2020 and plans for working toward the goal of zero waste;

3. To bring together a wide spectrum of viewpoints and expertise to focus on countywide solid waste management, issues affecting individual communities, and solid waste and recycling issues affecting public environmental health;

4. To assist in development of policies, programs and revisions and amendments to countywide plans that can meet countywide needs and, thus, receive countywide approval;

5. To provide a forum for exchange of solid waste, recycling, composting and other diversion information;

6. To inform the PARTIES' respective agencies and jurisdictions about issues and recommendations of the Commission, and perform follow-up actions, as necessary;

7. To recommend Commission approval of countywide programs to maximize the effectiveness of local funds spent for public education and recycling programs, and to implement and monitor such programs.

8. To assist with future master planning for facilities and infrastructure, as requested by the Commission.

9. To perform technical and policy review and make technical and policy recommendations to the Commission and technical recommendations to the PARTIES concerning best practices in solid and hazardous waste management; recycling, composting, diversion programs, source reduction; litter reduction on land; reduction of litter that originates from the storage, collection, transportation, and processing of solid waste, recyclable materials and organic materials that affects water quality in local creeks, San Francisco Bay, and oceans; and 'cradle-to-cradle' extended producer responsibility for products and packaging from creation through use and ultimate recycling or other disposition, with regard to:
a. The feasibility of technical proposals;
b. Analysis of issues and problems in solid waste management; c. Proposed and/or needed national and state legislation and policies; d. New infrastructure required to achieve countywide goals, and; e. Financing and management options for creation of such infrastructure.

10. To perform other duties as directed by the Commission . . B. Funding. The TAC is funded by the Solid Waste Planning Fee ("SWPF") that is charged to customers by the operators of all disposal and non-disposal facilities located within the County of Santa Clara, and remitted, by those facility operators, to the County of Santa Clara. The SWPF is also charged on tons of solid waste that are hauled directly to out-of-county disposal facilities. The amount of the SWPF is established by the Board of Supervisors based upon·input and recommendations from the Commission and the TAC Implementation Committee. Additional revenues come from grants, voluntary contributions of other agencies and other sources. These, together with the SWPF funds constitute the Countywide Funds used to fund the Commission-approved Annual Workplan and Budget.
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II. COMPOSITION
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A. Voting members, not to exceed 27 in number, shall include:

1. One (1) staff person from each City or Town that is a PARTY

2. Three (3) staff persons from the County as follows:
a. One (1) to represent the Unincorporated Area
b. One (1) to represent County interests related to environmental health c. One (1) to represent County interests related to integrated waste management

3. One (1) staff person from the Santa Clara Valley Water District

4. Up to eight (8) persons from non-governmental organizations appointed by the Commission as follows:
a. No more than three (3) representing for-profit industry groups and/or business organizations (however, no member shall represent a single for-profit company)
b. No more than four (4) representatives of non-profit groups that advocate for source reduction, recycling programs, sustainability, and/or producer responsibility
c. No more than two (2) representatives of institutions of higher learning located within Santa Clara County
B. Appointment of Members. All members representing a public agency shall be re­ designated annually via a letter on agency letterhead addressed to the TAC Administrator ("Administrator"). The Commission will accept requests and nominations for non­ governmental organizations to serve on the TAC. The Administrator will publish a notice in a daily local newspaper of general circulation to a minimum of two-hundred fifty thousand (250,000) people in September of every other year announcing that nominations and requests to serve are being accepted. The Administrator will take other reasonable and cost-effective measures to distribute the announcement via other media, including, but not limited to, websites, local publications and social media, to reach persons who might not see the notice in a daily newspaper. The Commission will select the non-governmental organizations to be represented on the TAC. Those organizations will, in turn, submit a letter to the Administrator designating a member and an alternate.

Members representing non-governmental organizations shall serve for a period oftwo (2) years beginning in January. At the end of that time, the Commission shall select the non­ governmental organizations to be represented on the TAC for the new two (2) year term.

The initial group of non-governmental organization representatives will be selected by the Con·1mission on or before December 31, 2013 and will begin serving their terms on January 1, 2014. The Administrator will publish a notice in the newspaper, and distribute the notice via other suitable media, in September 2013 announcing that the Commission will consider nominations and applications for non-governmental organizations to be represented on the TAC.

C. Alternates. Each PARTY may designate one or more alternate representative(s) to serve in the absence of the regular member. The alternate(s) will be designated in writing as described in Section II B. Alternates may serve on TAC committees, 5 183

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subcommittees, and ad hoc subcommittees.

D. Vacancies. Each PARTY is responsible for designatir,g a replacement for its member ifthe member can no longer serve. In the ·event of a vacancy, the Chair shall, by letter, request that the PARTY designate a new member. lfa vacancy occurs with regard to a representative of a non-governmental organization, the Administrator shall notify the non-governmental organization to designate a new member. In the event the non-governmental organization declines, the TAC shall notify the Commission and request that a new non-governmental organization be selected to fill the remainder of the term created by the vacancy.

E. Attendance. Attendance at meetings is vital to the proper and effective functioning of the TAC. Three (3) consecutive absences or a member missing over ·fifty percent (50%) of the TAC meetings in a calendar year are sufficient grounds for the Administrator to notify the member and request their attendance. Should a PARTY be unable to send its representative to meetings for an extended period of time, the PARTY shall notify the Chair in writing on letterhead and a replacement representative will not be requested from that PARTY.

Ill. QUORUM AND VOTING
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A. Quorum. A quorum consists of thirteen (13) voting members physically present at a meeting.

B. Voting. Actions of the TAC shall be taken by a majority vo_te of the members present at the meeting. Each member has one vote. (See Section VI B for voting and quorum requirements for the Implementation Committee that differ from those for the full TAC.)
C. Attendance From A Remote Location. In the event of an unavoidable schedule conflict, a member may participate in a meeting from a remote location via telephone or video-conference provided that all requirements of the Brown Act (Government Code Section 54950, et seq.) are met and further provided that the scheduled meeting room has the technical capability to accommodate the request. In such event, the member will notify the Administrator at least ten (10) days in advance of the meeting and ask to attend from a remote location. The Administrator will advise the member if this is possible. If so, the Administrator will comply with all Brown Act requirements including stating the alternate location in the meeting notice. The member shall also comply with all Brown Act requirements in Government Code Section 54953 (b), including, but not limited to, posting a meeting notice and agenda on the door of the remote location for the duration of the meeting, and allowing members of the public to participate in the meeting from the remote location along with the member. The member's vote will be counted; however, the member will not be included in the count to determine a quorum. Attendance from a remote location is to be used only in rare cases of unavoidable schedule conflicts. h­ person attendance and participation at meetings is strongly preferred and encouraged.

D. Bylaws. The TAC may, as necessary, recommend adoption of Bylaws for its 6 184

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governance to the Commission for approval, and operate according to Bylaws approved by the Commission. In the event revisions to Commission-approved Bylaws are desired, the TAC may recommend such revisions to the Commission.

IV. OFFICERS AND THEIR RESPONSIBILITIES
A. Officer Positions. The officers of the TAC shall be the Chair, Vice Chair, and the Subcommittee Chairs. The Chair and Vice Chair of the TAC must be voting members or .alternates representing a PARTY.

B. Election and Term. Each officer shall be elected by majority vote of a quorum of the voting membership at the last meeting of each calendar year or as soon thereafter as possible. All officers' terms begin with the first meeting of each calendar year.

C. Dutie$. The Chair of the TAC shall be responsible for chairing all meetings of the TAC and the Implementation Committee {IC), and representing the TAC and the IC at Commission meetings. The Chair shall approve the draft agendas for TAC and IC meetings, except that any agenda item proposed by two (2) or more voting members must be placed on the next available agenda. The Vice Chair shall serve as the Chair in the Chair's absence. The Chairs of the Subcommittees shall be responsible for calling meetings of their respective Subcommittees and chairing those meetings. The Subcommittee Chairs shall approve the draft agendas for their respective Subcommittees except that any items proposed by two {2) or more voting members of a Subcommittee shall be placed on the next available Subcommittee agenda.

V. MEETINGS
A. Meetings. The TAC shall meet monthly at the time and place published on the agendas. Additional meetings may be called as needed. The Chair shall provide every member of the TAC with seventy-two (72) hours written notice of regular and additional TAC meetings. The agenda for each meeting shall be developed by the Administrator in consultation with the TAC Chair, and shall be approved by the Chair.

B. Conduct of Meetings. All meetings of the TAC, including all Committees, Subcommittees, Ad Hoc Committees and Subcommittees and any closed sessions with legal counsel, shall be properly noticed and conducted in accordance with the "Brown Act" (Government Code Section 54950 et seq.) Except for official meetings of the TAC and it$ Committees, Subcommittees and Ad Hoc Committees and Subcommittees, nothing herein shall be interpreted to require meetings between staff members of the individual PARTIES (including designated representatives of the PARTIES) to be subject to the Brown Act, where the Brown Act would not otherwise apply. Each PARTY is individually responsible for ensuring it complies with the Brown Act. Wherever this Agreement is silent with regard to procedure, Robert's Rules of Order shall apply.

VI. IMPLEMENTATION COMMITTEE
A. Composition and Duties. The TAC Implementation Committee {IC) is comprised of one voting member from each PARTY to this Agreement plus one voting member from the Santa Clara Valley Water District {SCVWD). The PARTY'S 5/6/13 7
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IC representative is usually also the PARTY'S TAC representative. Each PARTY and the SCWJD may also designate an alternate. The purpose of the IC is to make decisions and recommendations on all fiscal, management and administrative issues of the TAC. The IC selects, monitors and provides oversight of the Administrator, the Fiscal Agent, the Contracting Agent, and legal counsel to the TAC. The IC recommends the level and setting of the SWPF to the Commission.

B. Quorum, Voting and Meetings. A quorum of the IC is nine (9) voting members. {Note: the City of San. Jose representative counts as two (2) voting members toward the IC quorum.) The affirmative vote of at least eight (8) voting members of the IC, including PARTIES collectively representing at least forty percent {40%) of the population of the incorporated and unincorporated areas of the County of Santa Clara, is necessary to approve any measure brought before the IC. {For purposes of calculating whether or not the forty percent (40%) figure has been reached, the population of each PARTY shall be counted; however, no population shall be attributed to the SCWJD due to the fact that it encompasses such a large percentage of the population of the entire incorporated and unincorporated County.) Each member of the IC shall have one vote, with the exception of the City of San Jose which shall have two {2) votes. The IC shall meet at least annually to consider and recommend approval of the Annual Workplan and Budget to the Commission for the upcoming fiscal year. The Chair may call other meetings of the IC as needed. All IC meetings are open to the public and to all TAC members.

Participation and discussion by all TAC members and by members of the public is encouraged. The Chair of the IC forwards all recommendations made by the IC directly to the Commission, and also makes an informational report to the TAC on the recommendations forwarded to the Commission. The Chair shall strive to achieve consensus among IC members. Consensus is defined as general agreement in sentiment or belief. If clear consensus cannot be reached, the Chair will call for a vote of the voting members present. In such event, the Chair will report the recommendation of the IC along with the dissenting opinion{s) and viewpoints, to the Commission and to the TAC. In the event of a tie, the Chair will report that outcome and the viewpoint(s) expressed that led to that outcome. In the alternative, the Chair may, in the Chair's sole discretion, re-agendize the item for another IC meeting.

C. Use of Outside Contractors. The IC is responsible for selecting any consultant{s) or contractor(s) {"Outside Contractors") to perform tasks included in the Commission­ approved Annual Workplan and Budget and who are to be paid from Countywide Funds, using a process created in consultation with the Contracting Agent. The IC is responsible for reviewing and approving the parameters of any contracts with Outside Contractors, including the scope(s) of work, schedules of performance, use of subcontractors, and compensation for such Outside Contractors. The IC then directs the Contracting Agent to conduct the procurement process for Outside Contractors and to execute contracts with the selected Outside Contractor{s).
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VII. TAC SUBCOMMITTEES
A. Issue and Policy Subcommittees. Issue and policy subcommittees shall be established as needed by the TAC. The TAC will evaluate and establish standing Subcommittees in December of each year. Additional Subcommittees may be established at other times throughout the year as needed.

B. Membership and Meetings. Membership on all issue and policy Subcommittees is open to all TAC voting members and designated alternates. There is no maximum size for each Subcommittee. The TAC shall appoint a Chair for each Subcommittee. A quorum is two (2) or more Subcommittee members. Subcommittees may elect a Vice­ Chair to serve in the Chair's absence. Subcommittee chairs shall be responsible for calling and chairing meetings. The Subcommittee chairs shall approve the draft agenda and report the activities and recommendations of the Subcommittee to the TAC.

Subcommittee chairs shall strive to achieve consensus among members. Consensus is defined as general agreement in sentiment or belief. If clear consensus cannot be reached, the Chair will call for a vote of the voting members present. In such event, the Chair will report the recommendation of the Subcommittee along with the dissenting opinion(s) and viewpoints, to the TAC. In the event of a tie, the Subcommittee Chair will report that outcome and the viewpoint(s) expressed that led to that outcome. In the alternative, the Subcommittee Chair, in consultation with the TAC Chair, may decide to re-agendize the item for discussion at another meeting.

C. Ad Hoc Subcommittees. The TAC may establish Ad Hoc Subcommittees as needed to address specific issues or problems. The TAC shall appoint a Chair for each Ad Hoc Subcommittee. All Ad Hoc Subcqmmittees shall follow the same operating procedures as the standing issue and policy subcommittees. The TAC Chair shall monitor the work of all Ad Hoc Subcommittees, and all such Subcommittees shall be promptly disbanded by the TAC once their tasks have been accomplished.

VIII. TAC ADMINISTRATOR
5/6/13
A. Duties. The TAC Administrator provides administration and management services to the TAC and carries out the Annual Workplan. Duties of the Administrator include, but are not limited to: scheduling meetings of the TAC and all committees, subcommittees, and ad hoc subcommittees; preparing agendas and meeting minutes; maintaining all TAC records and files; notifying the TAC of correspondence received and preparing outgoing correspondence; completing all tasks in the Annual Workplan; providing monthly reports at TAC meetings on the status of the Workplan; and other duties as directed by the IC. The Administrator reports to the Chair of the TAC. The Administrator shall work cooperatively and collaboratively with the IC, the Fiscal Agent and the Contracting Agent. The Administrator is paid from funds in the adopted TAC budget.

B. Selection. The IC shall select a PARTY or an Outside Contractor to serve as the Administrator for the TAC. The IC will receive and evaluate proposal(s) and make a recommendation to the Commission on selection of an Administrator, as further described in Attachment 2.
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C. Initial Administrator. The initial Administrator for the TAC shall be the County of Santa Clara, Integrated Waste Management Division ("County IWMD"). The initial staff provided is described on Attachme:tot 1. In the event of a change in the initial staff, the procedures described in Attachment 2 shall be followed. In the event the IC determines there is a need for a change in the Administrator in the future (due to costs, availability of designated employees or for other reasons), or in the event the County IWMD is unable or unwilling to serve, the procedures for selection of a new Administrator in Attachment 2 shall be followed. ·
D. If Administrator Is Also A PARTY. In the event the Administrator is a PARTY, that PARTY shall appoint a TAC/IC representative whose function is to represent the PARTY's point of view on issues, policy and fiscal matters. The PARTY'S TAC/IC representative shall be a person who is not be involved in the work of the Administrator.

This designation shall be made in writing on the PARTY'S letterhead to the Chair of the TAC. The person(s) fulfilling the duties of the Administrator shall act as staff to the TAC, TAC committees and subcommittees, and to the IC.

E. Contract With Administrator. All duties and responsibilities of the Administrator, and a list and description of all staff assigned to provide Administrator services, shall be included in a contract between the Contracting Agent and the Administrator. The contract term may be for a single year or for multiple years, at the discretion of the IC. In the event that the Administrator is a PARTY, a letter agreement will be prepared between the Contracting Agent and the Administrator, containing all of the duties, responsibilities, staffing commitments and costs for the Administrator to serve for the upcoming fiscal year. The letter agreement will include the Annual Workplan and costs for the Administrator's services. The letter agreement shall state that the Administrator agrees to provide the described services at the approved costs for the upcoming fiscal year and that all employee and overhead costs will be maintained at the levels specified in the agreement for that fiscal year. With regard to the initial Administrator, the first letter agreement shall be prepared and executed prior to July 1, 2014 to reflect the costs and the scope of work to be performed for FY 2014/15. If the Administrator and the Contracting Agent are the same PARTY, the letter agreement will be prepared and signed by a staff person designated to represent the Administrator and also signed by a separate staff person designated to represent the Contracting Agent.

F. Annual Workplan and Budget. As the work of the TAC progresses each year, the Administrator will maintain a list of potential work items to be placed in the Annual Workplan for the upcoming fiscal year. Beginning with preparation ofthe Annual Workplan and Budget for fis.cal year 2014/15, the following schedule will apply. In November of each year, the IC will review the list of potential work items compiled by the Administrator, add additional items as needed, and direct the Administrator to prepare a proposed Workplan and Budget for the upcoming fiscal year. The proposed Annual Workplan will contain the elements described in Attachment 3.

The Administrator shall submit the final draft of the proposed Annual Workplan and 10 188

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Budget to the IC no later than December 15 of each year. If required, the IC will provide revisions and comments to the Administrator, who will then revise and finalize the Annual Workplan and Budget. The IC will approve the Annual Workplan and Budget ori or before January 31 of each year and forward it to the Commission for approval. Commission approval is anticipated to be during the month of February. Upon approval by the Commission, the Contracting Agent will prepare agreements with the Administrator, the Fiscal Agent and the Contracting Agent that include the approved Annual Workplan and Budget (for the Administrator) and the approved costs and duties (for the Fiscal Agent and the Contracting Agent) as described in Sections VIII E, IX D and X C. The agreements will be signed by designated representatives of the Administrator, the Fiscal Agent and the Contracting Agent. In the event the Administrator, the Fiscal Agent and/or the Contracting Agent are the same PARTY, that PARTY shall designate separate representatives to execute the agreements on behalf of the Administrator, the Fiscal Agent and the Contracting Agent. Said agreements shall be fully executed and in place prior to July 1 of each year.

G. Annual Reporting and Evaluation. The Administrator shall prepare a self­ evaluation/audit report to the IC including significant accomplishments, work items planned but not accomplished, work items not planned but completed, and the status of all work items in the Annual Workplan. The report will include recommendations and suggestions for improving the work of the Administrator and will be submitted on or before September 15 each year. The IC will consider the report at a regular meeting and discuss and provide recommendations and feedback to the Administrator. The IC will rate the overall implementation and effectiveness of the Workplan and, in turn, rate the performance of the Administrator based upon the ability of the Administrator to meet the timelines and budget in the Workplan and to effectively support the Commission and the TAC. The final recommendations and feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to the Administrator. This feedback will be used by the Administrator to make any required changes in operations, procedures and/or work tasks for the next fiscal year. In addition to the annual review of the Administrator, the IC may, at any time, discuss questions, concerns or issues of performance with the Administrator.

IX. FISCAL AGENT
5/6/13
A. Duties. The Fiscal Agent serves as the treasurer of the Countywide Funds and is responsible for collecting the SWPF from all solid waste disposal facilities and non­ disposal facilities located within Santa Clara County. The Fiscal Agent also collects and receives grant funds and revenues from other sources. The Fiscal Agent shall diligently pursue collection of all SWPF funds and shall keep the IC apprised of the amount and entity owing delinquent payments, as well as of the status of collection activity initiated by the Fiscal Agent regarding the delinquent payments. The Fiscal Agent shall manage all funds in accordance with generally accepted government accounting procedures. The Fiscal Agent shall keep Countywide Funds segregated from all other funds administered by the Fiscal Agent in separately numbered and coded accounts that are readily identifiable as those containing Countywide Funds; shall credit appropriate interest income earned on such funds in each fiscal year; and shall not expend, use or transfer 11 189

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any funds except in accordance with the Annual Workplan and Budget approved by the IC and the Commission, or as otheiwise directed by the IC. In the event the Fiscal Agent is not also the Contracting Agent, the Fiscal Agent shall transfer Countywide Funds to the Contracting Agent as direqted by the IC, in accordance with the procedures in Attachment 5. The Fiscal Agent shall work cooperatively and collaboratively with the IC, the Administrator, and the Contracting Agent.

B. Initial Fiscal Agent. The initial Fiscal Agent shall be the County of Santa Clara.

The specific contact person shall be designated in writing to the Administrator and to the TAC Chair. In the event the IC determines there is a need for a change in the Fiscal Agent in the future (due to costs, lack of availability of designated employees or for other reasons), or in the event the County is unable or unwilling to serve, the following procedures for selection of a new Fiscal Agent shall be followed.

C. Selection. Any PARTY willing to serve as the Fiscal Agent may be nominated by another PARTY. The nominated PARTY(IES) will submit a letter proposal to the IC containing the costs for performing the services of the Fiscal Agent, including all employee and overhead costs and all proposed expenses. If the same PARTY is also already serving, or is proposing to serve, as the Administrator, the Contracting Agent, or both, the proposed costs to perform each _function shall be separately specified. The IC will hold discussions with representatives of the nominated PARTY(IES) as needed. The recommendation of the IC will be foiwarded to the Commission for approval. Upon receipt of Commission approval, the Contracting Agent will execute an agreement with the new Fiscal Agent that includes the approved costs for the PARTY to provide Fiscal Agent services for the upcoming fiscal year.

D. Payment For Services. The Fiscal Agent shall provide the Administrator with proposed costs to perform the duties of TAC Fiscal Agent for the upcoming fiscal year upon request. The proposed costs shall be at the level of detail described in Attachment

2. If the Fiscal Agent is also serving as the Administrator, the Contracting Agent, or both, the proposed costs to perform each function shall be separately specified. The proposed costs will be reviewed by the IC as part of review of the Annual Workplan and Budget. If there is a question or concern about the proposed costs, the Chair of the IC and the Administrator will meet with the Fiscal Agent concerning the issues. Upon approval of the Annual Workplan and Budget by the IC and the Commission, the Contracting Agent will prepare an agreement to be signed by the Fiscal Agent and the Contracting Agent to perform services for the new fiscal year. In the event that the Contracting Agent and the Fiscal Agent are the same PARTY, the agreement shall be signed by the designated employee of the PARTY serving as the Fiscal Agent and the (separate) designated employee of the PARTY serving as the Contracting Agent.

E. Quarterly and Annual Budget Status. The Fiscal Agent shall prepare and submit quarterly budget updates to the IC every three (3) months, and shall provide a Year-End Budget Report. These reports shall be formatted in a clear and concise manner such that all expenditures, revenues, movement of monies, reallocation of funds and adjustments to the budget are detailed by project and line item (i.e. numerical reference and narrative 12 190

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description). The Year-End Budget Report shall be submitted to the IC on or before October 31 each year. The IC may, at any time, request additional budget information, detail, documentation and updates. The Fiscal Agent shall respond promptly to all such requests.

F. Biennial Audit. The Fiscal Agent shall arrange for an audit by an independent third party Certified Public Accounting Firm (CPA) to be conducted every other year beginning with.an audit of the 2013/14 fiscal year. The Fiscal Agent may utilize the CPA firm retained by the jurisdiction of which the Fiscal Agent is a part, to perform that PARTY's annual audit. In such event, the results of the audit of the Countywide Funds and accounts shall be clearly and separately called out in the CPA's audit report. The results of the audit shall be reported to the IC on or before January 15 every other year.

G. Evaluation of the Fiscal Agent. Each year, the Fiscal Agent shall prepare a self­ evaluation, along with the Year-End Budget Report, for submittal to the IC. The self­ evaluation will include a description of key work tasks performed, any duties or tasks not · completed, and any non-planned work tasks completed. The report will include recommendations and suggestions for improving the services of the Fiscal Agent. The self-evaluation shall be submitted at the same time as the Year-End Budget Report. The IC will review the report at a regular meeting and discuss any suggested or needed changes or improvements. The IC will rate the overall performance of the Fiscal Agent based upon the ability of the Fiscal Agent to perform its duties in a timely manner and in accordance with all requirements of this Agreement. The final recommendations and feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to the Fiscal Agent. This feedback will be used by the Fiscal Agent to make any required changes in operations and procedures and/or work tasks for the next fiscal year. In addition to the annual review of the Fiscal Agent, the IC may, at any time, discuss questions, concerns or issues of performance with the designated representative of the Fiscal Agent.

X. CONTRACTING AGENT
A. Duties. The Contracting Agent execute!? contracts with Outside Contractors, including the Administrator and the Fiscal Agent.(where applicable) that have been requested and approved by the IC. The Contracting Agent consults with the IC to establish a procurement process for Outside Contractors, and then conducts that process once the IC has approved a scope of work, schedule, budget and other parameters of the contract that will be awarded by the Contracting Agent. The Contracting Agent shall conduct the procurement process and execute all contracts within a reasonable period of time after being directed to do so by the IC. The Contracting Agent shall provide a copy of any contract executed on behalf of the TAC to any PARTY,·any TAC member, and to any PARTY or person designated by any PARTY or the IC upon request. The governing body of the Contracting Agent, at its discretion, may delegate authority to execute agreements and contracts approved by the IC to a designated employee. Notice of any such delegation of authority shall be provided in writing to the Chair of the IC and to the Administrator.
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In the event the Contracting Agent is not also the Fiscal Agent, the Contracting Agent shall receive Countywide Funds transferred to the Contracting Agent by the Fiscal Agent on a periodic basis as described in Attachment 5. The Contracting Agent shall manage all Countywide Funds in accordance with generally accepted government accounting procedures. The Contracting Agent shall keep Countywide Funds segregated from all other funds administered by the Contracting Agent in separately numbered and coded accounts that are readily identifiable as Countywide Funds, and shall not expend, use or transfer any funds except as specifically directed by the IC. At the close of the fiscal year, the Contracting Agent shall, pursuant to the procedures in Attachment 5, comply with all directions from the IC with regard to retention of funds for contracts with Outside Contractors that are still in effect, and with regard to return of unexpended or unencumbered funds to the Fiscal Agent. The Fiscal Agent shall work cooperatively and collaboratively with the IC, the Administrator, and the Contracting Agent.

B. Initial Contracting Agent. The initial Contracting Agent shall be the County of Santa Clara. The specific contact person shall be designated in writing to the Administrator and to the TAC Chair. In the event the IC determines there is a need for a change in the Contracting Agent in the future (due to costs, lack of availability of desjgnated employees or for other reasons), or in the event the County is unable or unwilling to serve, the procedures for selection of a new Contracting Agent shall be the same as those for selection of a Fiscal Agent as described in Section IX C.

C. Payment For Services. The Contracting Agent shall provide the Administrator with proposed costs to perform the duties of TAC Contracting Agent for the upcoming fiscal year upon request. The proposed costs shall be at the level of detail described in Attachment 2. If the Contracting Agent is also serving as the Administrator, the Fiscal Agent" or both, the proposed costs to perform each function shall be separately specified.

The proposed costs will be reviewed by the IC as part of review of the Annual Workplan and Budget. If there is a question or concern about the proposed costs; the Chair of the IC and the Administrator will meet with the Contracting Agent concerning the issues.

Upon approval of the Annual Workplan and Budget by the IC and the Commission, the Administrator will prepare an agreement to be signed by the Contracting Agent and the Administrator to perform services for the new fiscal year. In the event that the Administrator and the Contracting Agent are the same PARTY, the agreement shall be signed by the designated employee of the PARTY serving as the Contracting Agent and the (separate) designated employee of the PARTY serving as the Administrator.

D. Annual Contract Status Report. The Contracting Agent shall prepare and submit an annual report to the IC on the status of all contracts (listing all contracts in progress, expired, terminated, and the amount of work and budget remaining in each) on or before October 31 each year. The report shall also note the amount of Countywide Funds held by the Contracting Agent, and specify the amount(s) of funds encumbered for contracts, and the amount(s) of funds that are unspent and unencumbered. The IC may, at any time, request additional information, detail, documentation and updates on any or all contracts. The Contracting Agent shall respond promptly to all such requests. 14 192

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E. Audits. The Contracting Agent shall cooperate with and provide all information and documentation required in order to complete the bi-annual audit described in .Section IX F. In the event the IC decides that any actions or activities of the Contracting Agent are not in compliance with this Agreement, or if the IC determines there are other reasons for an audit to be performed, the IC may perform an audit of the Countywide Funds received and expended by the Contracting Agent. In such event, the Contracting Agent shall cooperate fo1lly, and in a timely manner, with persons performing the audit.

F. Evaluation of the Contracting Agent. Each year, the Contracting Agent shall prepare a self-evaluation, along with the Annual Contract Status Report, for submittal to the IC. The self-evaluation will include a description of key work tasks performed, any duties or tasks not completed, and any non-planned work tasks completed. The report will include recommendations and suggestions for improving the services of the .

Contracting Agent. The self-evaluation shall be submitted at the same time as the Annual Contract Status Report. The IC will review the report at a regular meeting and discuss any suggested or needed changes or improvements. The IC will rate the overall performance of the Contracting Agent based upon the ability of the Contracting Agent to perform its duties in a timely manner and in accordance with all requirements of this Agreement. The final recommendations and feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to the Contracting Agent. This feedback will be used by the Contracting Agent to make any required changes in operations and procedures for the next fiscal year. In addition to the annual review of the Contracting Agent, the IC may, at any time, discuss questions, concerns or issues of performance with the designated representative of the Contracting Agent.

XI. LEGAL COUNSEL
A. Selection. The IC may select an attorney or firm that is experienced in solid waste, recycling and municipal law to research legal issues, proposed legislation, and to provide legal advice to the TAC ("Legal Counsel") as provided for in the Commission­ approved Annual Workplan and Budget. Legal Counsel may be a City Attorney or County Counsel (i.e. an employee of one of the PARTIES) or may be an outside attorney or law firm. The IC will interview and select Legal Counsel as needed, and direct the Contracting Agent to prepare a contract with Legal Counsel for the provision of legal services. The IC shall direct the work of Legal Counsel. The Administrator may assist in coordination of activities with Legal Counsel, but shall not give direction without prior authorization from the IC. Legal Counsel shall not be responsible for providing legal advice to individual PARTIES related to their individual compliance with Public Resources Code Section 40000 et. seq., but may provide such services under separate contract with any PARTY or PARTIES.

XII. OTHER AGREEMENTS OF THE PARTIES
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A. Term of Agreement. The term of this Agreement shall commence on the date the last duly authorized representative of the PARTIES executes it. This Agreement shall remain in effect until terminated by the PARTIES or until eight (8) or more PARTIES containing more than fifty percent (50%) of the population of the incorporated and unincorporated areas of County of Santa Clara withdraw from the Agreement, whichever 15 193

TAC MEMORANDUM OF AGREEMENT
occurs first. A PARTY may withdraw from the Agreement by providing written notice to the Administrator, stating the effective date of the PARTY'S withdrawal. The withdrawal of a PARTY shall not entitle that PARTY to receive or retain any portion of the SWPF.

8. Ethical Code of Conduct. All TAC members and Alternates shall adhere to the Ethical Code of Conduct in Attachment 4. All TAC members and Alternates shall attend a TAC-sponsored ethics training every other year beginning in FY 2013/14. The Administrator shall arrange for this training and include the cost in the Annual Workplan and Budget for each year the training is required to be conducted.

C. Counterparts. This Agreement may be executed and delivered in any number of copies ("counterparts") by the PARTIES, including by means of facsimile and e-mail of PDF copies. When each PARTY has signed and delivered at least one counterpart to the Administrator, each counterpart shall be deemed an original, and taken together, shall constitute one and the same Agreement, which shall be binding and effective as to the PARTIES hereto.

D. Non-Compliance With State and Federal Laws. No PARTY shall, by entering into this Agreement, participating in the TAC or the IC, or agreeing to serve as Administrator, Fiscal Agent, Contracting Agent, and/or Legal Counsel, assume or be deemed to assume responsibility for any other PARTY in complying with the requirements of state and federal solid waste and recycling laws, including but not limited to, the California Integrated Waste Management Act of 1989 as amended (Public Resources Code Section 400000 et seq). This Agreement is intended solely for the convenience and benefit of the PARTIES hereto and shall not be deemed for the benefit of any third party and may not be enforced by any third party, inciuding, but not limited to, the United States Environmental Protection Agency and the California Department of Resources, Recycling and Recovery, or any person acting on their behalf or in their stead.

E. Indemnification. In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the PARTIES pursuant to Government Code Section 895.6, the PARTIES agree that all losses or liabilities incurred by a PARTY, or by the Santa Clara Valley Water District in carrying out its duties under Section VI.

Implementation Committee shall not be shared pro rata, but instead the PARTIES agree that pursuant to Government Code Section 895.4, each of the PARTIES hereto shall fully defend, indemnify and hold harmless each of the other PARTIES, and the Santa Clara Valley Water District in the carrying out of its duties under Section VI. Implementation Committee, from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying PARTY, its officers agents or employees, or in connection with or arising from any work, authority or jurisdiction delegated to such PARTY under this Agreement. No PARTY, nor any officer, board member, employee or agent thereof, shall be responsible for any damage or liability incurred by reason of the negligent acts or omissions or willful misconduct of the other PARTIES hereto, their officers, board members, employees or agents under or in . connection with or arising from any work, authority or jurisdiction delegated to such 5/6/13 16
194

TAC MEMORANDUM OF AGREEMENT
516/13
PARTY under this Agreement.

F. Entire Agreement. This Agreement supersedes any prior arrangement or agreement among the PARTIES regarding the composition, structure, duties and powers of the TAC including, but not limited to, the TAC Rules of Procedure dated May 22, 2006, but does not supersede any other agreements between any of the PARTIES. :<' f ;f\ . / ! i/ ! t ~
G. Amendments. This Agreement may be amended by·unan1nfo'uswritten L ', l
agreement of the PARTIES. AU PARTIES agree to -~r!r:ig~~flY··Proposed ai'liendments to this Agreement to their Council or Board, as applitable'/ witf1ln three (3) months following acceptance by the IC. The IC shall, on a biennial basis, evaluate this Agreement and determine if any amendments are needed. The first biennial evaluation shall be in 2015.

The IC may recommend amendments on a more frequent basis if desired.

H. Venue. In the event that suit shall be brought by any PARTY to this Agreement, the PARTIES agree that venue shall be exclusively vested in the state courts of the C?u~ty of Santa Clara, or. w~ere othe~is~ jie,f{i~f 1~~{V,~t~~fti1J~]~nited States District Court, Northern D1stnct of Callforn1a,\~slltil~;C?,. ,., i~flfi{~f8'i:1s~m i!Jrito 'tu .?. ic,aivisquZ
I. Attachments. Attachments 1 through 5 are attached.hereto and'lffc'orporated herein by this reference. · _________ · ·
17 195

TAC MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below.

APPROVED AS T~ORM:~
By: PRES-+, __ ---j:---+---'J"i'I----- By: ld1ud{ I~ o/5J;?t}13 Deputy County Counsel

KEN YEAGER
Signed and certified that a copy of this - ·
document has been delivered by elldronic: -
or other means to the Presfdent. Board of
-_ -. '/
~
_ -n!'l _ega®Ol, - I . _ _ _ - - -
BoarrtofSupe~
5/6/13 18
196

TAG MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below.

COUNTY OF SANTA CLARA, a public entity of the State of California Date: APPROVED AS TO FORM: ------------
Chair, Board of Supervisors

CITY OF CAMPBELL
Date: July 17, 2013
By{$.£~
Title: city MeE.a.g€lr

CITY OF -------
Date: ----------
By: __________ _
Name: ---------Title: ---------
5/6/13
By: __________ _
Deputy County Counsel
ATTEST:

Date: ------------
By: __________ _
APPROVED AS TO FORM:

By:~
Name · William ~ Selig.xnann
Title: City Attorney
APPROVED AS TO FORM:

By: __________ _
Name: --------Tit I e: ---------
19 197

TAC MEMORANDUM OF AGREEMENT

CITY OF CAMPBELL
Date: ---...,...-'------
By: _________ ~--
Name: Mark Linder
Title: City ManagE:)r

CITY OF CUPERTINO
Date: . ! /:;g/13
By: {!a.1;.JJ.t{Jju!tJ1rd WJ
Name: David Brandt //
Title: City Manager

CITY OF GILROY
Date: ----------
By: _________ ---,--__
Name: Thomas Haglund
Title: City Administrator

CITY OF LOS ALTOS
Date:_. __________ _
By: _________ _
Name: Marcia Somers
Title: City Manager

TOWN OF LOS ALTOS HILLS
Date: ----------
By: ______ - __ _
Name: Gari Cahill
Title: City Manager
5/6/13
APPROVED AS TO FORM:

By:_~--------­
Name: ---.,--,.----
Ti tie: City Attorney
AP;;; AS~ORM: . - .

I
ay. 1,4 .

N~nie:e{Kta<i41!df
(ti1tle: City Attorney
APPROVED AS TO FORM:

By_: __________ _
Name:· ·--------Title: City Attorney
APPROVED AS TO FORM:

By: ____ - _____ _
Name: -----------Tit I e: ---------
APPROVED AS TO FORM:

By: __________ __,
·Name: --------Title: Town Attorney
19 198

TAC MEMORANDUMOFAGREEMENT
CITY OF ·CAMPBELL
Date: --"---------
l3y:_~,__---,.....,,...,.-------,-
N~me; M~r:~ L.incl.ir
Title: city M~n~g•r

CITY OF CUPERTINO
Date: ----------
B.y:,---,--________ ____
N~rnl3J Pijvir::t etandt
Title: City Manager
C!TY OF C31LRQY
·~·=== By, . .

Na.rn~= Toorrr~~ Hl9!!Jnd.

Title: City Acfrninistrator
CITY OF LOS At TOS
Date: _________ _
By:-. ----------Name: Marcia somers
Title: City Manager . .

TOWN OF LOS ALTOS HILLS
Date: ----------
By: _________ _
Name: C~rl Cahlll
Title: City Manager
5/6/13
APPRO\/EO AS TO FORM:
fly: __________ _
· ~@r
8 6itfAttottrey
APPROVED AS TO FORM:
fty: __ __,.,.,_--------'-Nanie: · Tltie: ·_c_it_y-Att--., o-,'t-ne_y ___ _ APPROVEO ASTO "J;ORM:
13y: c/~/f.~-
Name: /... 1 NO e
Title; City Attorney
ATTEST:

A ~ c;,tlJ--Lc)(V
City Cleric
APPROVED AS TO f=.'ORM:
av:_-_________ _
Name: -----~--1 it I e: ---------,.

APPROV!=D AS TO FORM:

By: __________ _
Name: --------Ti tie: Town Attorney
19 199

TAC MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below.

COUNTY OF SANTA CLARA, a public entity of the State of California Date: ___________ APPROVED AS TO FORM:

By: __________ _
Chair, Board of Supervisors
c1TY oF Los- A,,&(os
Date: ~-q --( ~
By:/1~~
Name:£/~~~
Title: tny ~-
CITY OF _____ _
Date: ----------
By: _________ _
Name: --------Tit I e: ---------
5/6/13
By: __________ _
Deputy County Counsel
ATIEST:

Date: -----------
By: _________ _
APPROVED AS TO FORM:

By:-t-7"-"--="':::~~-=>t-+-=------.c=-.=---­
N ame :.....:·~~~~~=:,_,i_­
Title:_~~=A--.L...l..!<~~~;.+-
APPROVED AS TO FORM:

By: __________ _
Name: --------
Tit I e: ---------
19 200

TAC MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below.

COUNTY OF SANTA CLARA, a public entity of the State of California Date: ___________ APPROVED AS TO FORM:

By: __________ _
Chair, Board of Supervisors

CITY OF LOS ALTOS HILLS
Date: lObl.f J 20/3
By: Cal2~~~
Name : carica.IT1
Title: city Manag:er

CITY OF -------
Date: ----------
By: __________ _
Name: --------
Tit I e: ---------
516113
By: __________ _
Deputy County Counsel
ATTEST:

Date: ___________ _
By: __ ,--________ _
APPROVED AS TO FORM:

By.~,=:::. =::::,-· -­
Name : Steve Mattas
Title: city Attorney
APPROVED AS To· FORM:

By: ____ --'------­
Name: --------
Tit I e: ---------
19 201

TAC MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below.

COUNTY OF SANTA CLARA, a public entity of the State of California Date: APPROVED AS TO FORM: ------------
By: __________ _
Chair, Board of Supervisors
CITY OF ______ _
Date: ----------
By: _________ _
Name: --------
Ti tie: ---------
5/6/13
By: __________ _
Deputy County Counsel
ATTEST:

Date:. ___________ _
By: _________ _
APPROVED AS TO FORM:

APPROVED AS TO FORM:

By:. __________ _
Name: --------Tit I e: ---------
19 202

TAC MEMORANDUM OF AGREEMENT
Title: City Manager

TOWN OF LOS GATOS
Date: ----------
By: __________ _
Name: Greg Larson
Title: Town Manager

CITY OF MILPITAS

CITY OF MONTE SERENO
Name: Brian Leventhal
Title: City Manager
CITY OF MORGAN HILL ·
Date: ----------
By: __________ _
Name: Steve Rymer
Title: City Manager
(
5/6/13
Title: Town Attorney
APPROVED AS TO FORM:

By: __________ _
Name: --------Tit I e: Town Attorney
APPROVED AS TO FORM:

APPROVED AS TO FORM:

I
Name: --------
APPROVED AS TO FORM:

By: __________ _
Name: --------
Tit I e: City Attorney
20 203
' r

TAC MEMORANDUM OF AGREEMENT

TOWN OF LOS GATOS
Date: ----------
By:_--,- _______ _
Name: ~reg Larson
Title: Town Manager'

CITY QF MILPITAS
Date~ ----------
By:---------­Narne:Tom Williams
Tjtle: City Manager
CITY OF MONTE SERENO .

Da.~
N~;:.~~~
By· .

Titlez City Mailc:1ger
CITY QF MORGAN Hll!.L
Date: ------------
:By:~ ________ _..;.. __
Name: Steve Rymer
Title: City Manager
.S/6/13.

APPROVED AS TO FORM:
ay: __________ _
Name: ____ ...;.;.... __ _
iitle: Town Attom.ey-
APPROVED AS TO .FORM:

By: _ ___._ ______ ~ _ ___.__
N~me :. Mic::fl~~I J, Ogaz
Title: City Attorney
APPROVEDAS Td·FORM:

By:. c:,--."'8 ...... .f'~
N,~rne·:Kj rsteo Powell
Title: City Attorney
APPROVEO:AS TO FORM:

By:·_. ----------
Name·: ,---------. Title: City Attorney
20 204
TAO.MEMO.RANDUM·OF.AGREEMENT
TQW"f Q_F LQS '~ATOS
bate: ----------
By: _________ ..;___
N~m~r .(lr~g L~rsqn
Title} Town· Mana,ger
CJTY OF MllPITAS
Dat~:. "-----------
. B.y:_=,---------
Na.rne:·tiim ;WJ11iam$:

Title: ·Qjty IYl~ti~g~r
CITY QF MONTE $ERl=NO
Date:~. ________ _
By; ___ __,..-,-,-----___,
Name:: Brian Leventhal
Title; CiW Ma.n.a.g~_i'
CITY OF MORGAN HIL.L
Date: ·10/, £ 3 '{ ..

By:~~ Name::·~~
Title-: City Manager
5/6/13
APPROVED As TO PO.RM:
ay~------cc-=-------=--­Name: Titl~;-,.-o-w_n_JA-. tt-o-rh_e_y ___ _ APPROVE[} AS TO FORM:

By:.,----,--'-------,---~
N~me· ·~. _ Mi_c,h~eJ.J 1 Qg~z
Title: City Attorney
APPROVED AS TO F,iQRM:
·.By: .N<' .. -,-.... -. --~--c-------
f~!~: ---------
::,p~lE: .
.fwName : tz.ell\ M
Title: City Attorney
12e.56\uf\Of\ ~o·. ee,t,;38
iO
205

TAC MEMORANDUM OF AGREEMENT

CITY OF MOUNTAIN VIEW
Date: '1,LV-13
By:~~~ Name:· DanieH.ich ,
Title: City Manager ·

CITY OF PALO AL TO
Date: ----------
By: __________ _
Name: James Keene
Title: City Manager

CITY OF SAN JOSE
Date: --------------
By: __________ _
Name: Norberto Duenas
Title: Deputy City Manager

CITY OF SANTA CLARA
· Oi;ite: ----------
By: _________ ~
Name: Julio J. Fuentes
Title: City Manager

CITY OF SARATOGA
Date: ----------
By: __________ _
Name: Dave Anderson
Title: City Manager
5/6/13
APPROVED AS TO FO~
By:._~..K.U.L..::...:...:....-=:J-£><;___ ____ _
Nam" : annie L Q1Jinn
Title: ity Attorney · .

APPROVED AS TO FORM:
- Name: _______ _
Title: City Attorney
APPROVED AS TO FORM:

By:~---------­
Name: Rosa Tsongtaatarii
Title: Senior Depvty. City Attorney
APPROVED AS TO FORM:

By:~---------­
Name: Rich.c1rd E. Nosky, Jr.

Title: City Attorney ·
APPROVED AS TO FORM:

By:_. ----------­
Name: Richard Taylor
Title: City Attorney
21 206
-- TAC MEMORANDUM ()F AGREEMENT
- CITY OFMOUNTAINVll~W- -
- - -
Da_te:-'-_ --'--------"-------'--- APPROVED ASTO FORM:

By:_-__________ - --• By: __ -'---"----'---'----'------ Name: Daniel -H. Rich Name : Jannie L. Quinn __
- Title: · City rv1anager . _ Title: City Attor~ey _ •

CITY OF PALO AL TO
APP
- . E3y:'-· ~~::....,;_::.....:::~::j:.;_.,,....;.;..,~.....:...._.;......_ .. ~~me: • .ti\. _
• -t'Ofitle: Cjty Attorney

CITY OF SAN JOSE
- -
Date: ----------
By:_·----------~
Name: Norberto Duenas
Title: DE!pyty City Manager _
. CITY OF SANTA CLARA
Date: - ·------------
-• By: __ ~--~----­
Name: Julio J. Fuentes
Title: City Manager -
- - -

CITY OF SARATOGA
' -
Date:_· -'-"-'--'--'-------,--~--------'-~
By:_•-----,---,------~-~­
Name: : Dave Anderson_
Title: · City Manager -
5/6/13 -
- APPROVEDASTO FORM:
-. By:~----,-----,-----
-. Name : Ro.sa Tso·ngtaatarii
_ Title:Sen_iorDeputy City-Attorney
APPROVED AS TO FORM:
--By: _____ ---,--~---
. · Name: Richard E. Nosky, Jr.
- _·title: City Attorney _
_ APPROVED AS TO FORM;
_- By:~---'--~----~--
Name: Richard Taylor
Title: City Attprriey
21 i"'
r
. -
207

TAC MEMORANDUM OFAGREEMENT

CITY OF MOUNTAIN VIEW
D.ate: ---~-----~
By:____,-.--,----,-....,,....,,-,------
Name: OanielH. Ilion
Title; Oity Manager
. CITY OF PALO ALTO
a.Y:_· ----;----.-------.Namer James Keene
Title: bity Mshager

CITYOF SAN JOSE
CiTYQF SANTA CLARA
By: ...... ·~-----------Name: .Jullo J. Fuente:s
Title: City Manager -..,.
5/6/f3
APPROVEI\lAS TO FORM:
13·, .Y, . . N;;:ime : JannJe '.l...c 'Quinn
Title: City Aftt,ir!'leY
ARPHQV~P.A$TO'fQRM:

B_y:_. ------------­Name: _______ ..,__
Title: CifyAttorney
APPRGVEP AS TQ FORM:

By:_. --------,-..,..--,,-,---,-
. Name:Ri¢harci E. No$l<Y, Jr..

Title: CityArtqmE:IY ''•
APPROVED AS TO FORM:

By:_---,--......-------~
Ni:iroe:: Richarp Taylor ·
l'itlEf GJtY, Att9mey
208
.............. >··· ......... < .. ·.··•·• >< ..................... · .. . • ____ rAc MEMORANDUM oi= AGREEMENT --

CITY OF MOUNTAIN VIEW---
By: __ ~--~------'--­
Name:: Daniell-I. Rich :
- Title: C City Manager _
-CITY OF PALO AL TO · -
- Date:> ;-,.,.,.....--,--,---------,--:-,-:----------,-------,--,--- By: __ ~~-~~---­
-Name: James Keene
•=_Title: ::City Manager

CITY OF SAN JOSE
_ Date:_ ............. -----------'------
By:_-_----'-------.--~--~--
Name: Norberto Duenas
Title:· Deputy City Manager
CITY OF SAl~TA CLARA _
-CITY OF ·sARATOGA
D~te: -~~..,......-~-----
By;----'-'--~--------~~---
Name: Dave Anderson
Title: City Manager
5i6II3
. . .. .. . .

APPROVED AS T(J FORM: -
By:--,'----~~------
1\lanie : Jc3rmie L. Quinn
Title: Qity Attorney -
. .

APPRov1=0 AS ·-ro FORM::_ -
. 13y:_·----'--------­
· Narrie: ----~---'-------
Jitle: City Attorney -
..
- -APPROVED AS TO FQRM:
--- By:_·---------,------
- - Name : Rosa T songtaatarii
Title: SeniOr DepµW City:Attorney
. . . }
- APPR=oVED AS TO FORM: ,-
'Jr. -
. : . . . ;"
APPROVED AS TO FORM:
.By: __________ _
Name: Richard Taylor
Title: City Attorney
21 . !
209

TAC MEMORANDUM QFABREEMENT

CITY OF MOUNTAINV'IEVV
Oate:. ___ ,...;.....,.;...;.,..,-;;....;........;......._...-'---'-- By:_1 -....,.........--..,,..,..--------~-
Narne: O~·rt,el H. Rich
Title: City Manager
CITY OF PALO:ALTO
Date:. · .. ,
By: _____________ _
Namet J'ames Keeme
Title:. City Manager
CITY OF SAN JOSE .

Date: __ ----'---"--'-c--'----­
'8y:--'-·. -...,..-..;.,;---.,.,..,.---"'-------'-
Nallie: Norberto IJ'uenas
Title: Depµty City M~·nager

CITY OF SANTACLARA
· Date: ----------------
By:_·-----'-'----------~--Naoie: .Julio. J. Fuente~:;
·Title: City Manager

CITY OF SARATOGA
D. · 7 ;... 2-r·:- Z.P I ? · · -ate:'--. _______ -.1.;..__ By: 9eJ~
Name:·. Dave Anderson
Title: City Manager
5/6/H .

APPROVEGl.~S::T:0 FQR:i\,k .
··e"· :· .. ~,.:.-._-_,,...._,.___,,..,._.,......,,._-,----- Name : Jannie :L Quinn> . · .

Titre/ City Attt>meY · ·
A.RPR0\/~[Y}t$TO'FORcM:

Bv:•_.· _.....;,.._ _____________ _____
.Name: . .,.,.· ~~-......,..__,...:..--­
Title:. City Attorney ·
By:._' ---,.,,.,.,_-. ............ ....,.............,........-,,,.,.--"- Name ': :~o$a tsongJlaatarlF ·
· !itle::.$enier. Deputy·City.Att~mE3f
APPROVED AS TO FORM: . ' . . . . .- . ''i
By,:,. . .. . . . .... ····· .. · .

Name: 'i!phan:l E. Npsl<y,. Jr,
'.'"mtlei:, · City Attome>y •
. . . •,. '
APPROV.ED~S TO FORM:
•• ., ,. • • ~ 1 ' • • •
=--=:::::----,·
By:, ~ ., <:::.,.

Name: Richard Tay[pr
Tjtle; CityAfforn~y
- --
210

TAC MEMORANDUM OFAGREEMENT

CITY OF SUNNYVALE
APPROVED AS TO FORM:

By: _ __,__u -+.....-c. -~ _~ _,.._Ll _-_...oi -~---_-_~..,,_-By: J-o,~ ~ rv--== Name Name: Joan A. Borger
Title: . Title: ·
5/6/13 22
211

TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 1

INITIAL STAFFING OF ADMINISTRATOR
The following is the initial staff complement for the Administrator:

Staff Person
Elizabeth Constantino, Program Manager II
Provides oversight of all Annual Workplan
tasks and all functions of the Administrator.

Lisa Rose, Senior Management Analyst
Coordinates the Green Business Program,
serves as staff to the Commission, and
performs various other duties.

Clifton Chew, Management Analyst
Serves as staff to the TAC, prepares state
reporting and DRS, and performs various
other duties.

Zachary DeVine, Management Analyst
Contracts monitoring, budget tracking,
Outreach Specialist, and various other
duties.

Sue Sherrin, Associate Management
Analyst B, Green Business Specialist
Sarah Smith, Management Analyst
Home Composting Education Program
Coordinator
Joanne Chapa, Office Specialist Ill
5/6/13
% FTE Committed
To Administrator
Duties

0.82 FTE

0.87 FTE

0.80 FTE

0.67 FTE

0.98 FTE

1.0 FTE

0.94 FTE
23 % FTE Committed
To County
Unincorporated
Duties

0.18 FTE

0.13 FTE

0.20 FTE

0.33 FTE

0.02 FTE

0.00 FTE

0.06 FTE
212

TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 2

SELECTION PROCESS FOR THE ADMINISTRATOR

1.Selection. The IC shall select a PARTY or an Outside Contractor to serve as the Administrator for the TAC. As part of the selection process, the potential candidate(s) shall submit a proposal to the IC for providing Administrator services. The proposal shall include: a detailed scope of work for the upcoming fiscal year, detailed costs and work hours for the completion of each task, and a list of the employees proposed to perform each part of the Annual Workplan, as well as the administrative and management duties of the Administrator. The proposal shall also include a resume and description of the education, experience and expertise of each proposed staff member highlighting experience in solid waste management, recycling, diversion programs, producer responsibility, public education and outreach, legislative analysis, budgeting, public sector management, administration and policy development. It is of great importance that each member of the Administrator staff possess a high level of experience and expertise in the listed areas. The proposal shall designate the duties and activities to be carried out by each employee. The IC will review the proposal(s) and conduct interview(s) with the potential Administrator(s). The IC will select an Administrator and recommend approval to the Commission.

2.Change in Administrator Staff. In the event any member of the Administrator's staff is unable or unavailable to serve in the capacity indicated in the original proposal, the IC shall work with the Administrator to determine if an acceptable alternate staff member is available. This shall include, if desired by the IC, having representatives from the IC participate in the selection process for the alternate staff person; review the resumes, references and writing samples of proposed candidates; attend and participate in interviews; and provide input to the decision-making process for selection of the proposed alternate staff member. If the proposed alternate staff person is not acceptable to the IC, and the IC determines that the employee who is unavailable is a key employee, the IC may give written notice to the Administrator that the TAC will seek another Administrator, and the IC may recommend to the Commission that the selection process for a new Administrator be commenced. Upon receipt of Commission approval, the IC will begin that process. The Administrator shall serve until such time as either a replacement Administrator is selected and approved by the Commission, or (if the Administrator is not a PARTY) until the current contract for the services of the Administrator expires, whichever occurs first. In the IC's sole discretion, the services of the Administrator may be terminated prior to the selection of a new Administrator. In the event the Administrator is not a PARTY, an early termination clause shall be placed in the contract with the Administrator for use by the IC in the event a key staff person becomes unavailable.

3. Key Employee. A "key employee" includes, but is not limited to, any one of the following:
5/6/13
a. An employee who is performing twenty percent (20%) or more of the work hours in the Annual Workplan.
24 213

TAC MEMORANDUM OF AGREEMENT
5/6/13
b. An employee whose work tasks require a high level of technical expertise and experience in recycling, solid and/or hazardous waste management programs and practices.
c. An employee whose work tasks require a high level of professional judgment that is the product of numerous years of experience in recycling, solid and hazardous waste management, and/or in work for public agencies.
d. An employee whose work tasks involve a high level of interaction with the public (e.g. in trainings, liaison with businesses or non-profit organizations, etc.). e. An employee whose work tasks involve presentations or testimony to public agencies (e.g. City Councils, the Board of Supervisors) and/or community organizations (e.g. service organizations, community groups, homeowner's, associations, -etc.).
25 214

TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 3

ELEMENTS TO BE CONTAINED IN THE ANNUAL WORKPLAN AND BUDGET

1.Scope of Work. The proposed Annual Workplan ar:,d Budget will contain a detailed scope of work for each proposed task, the employee work hours estimated to complete each task, the name(s) of the specific employees that will perform the work for each task, the cost of the work hours for each task, all proposed overhead costs for the Administrator and all other projected costs. If the Administrator is a public agency, the costs may be shown as a percentage of each Full Time Equivalent (FTE) and the cost therefore, as long as the position (such as 'Analyst I') and the name of the employee filling that position are indicated, along with the fully burdened cost of the specified percentage of each FTE. The proposed Annual Workplan shall contain a list of key milestones for each task.

2.Administrative Tasks. The Workplan shall include a task for providing administrative support for the TAC including work hours to prepare meeting agendas, to schedule meetings, attend meetings, prepare minutes and correspondence, and carry out the direction of the TAC and all Committees and Subcommittees. The Workplan shall also include a separate task for providing administrative support to the Commission including work hours to prepare agendas, attend Commission meetings, prepare minutes, and carry out the direction of the Commission, its Committees and Subcommittees.

3. Other Staff Commitments. The proposed Workplan will contain a listing of the other duties and responsibilities of each assigned employee (other than the work to be performed as Adr:pinistrator for the TAC and the Commission) including the work hours and a general description of the key tasks and projects to be performed. This will serve as a cross-check (regardless of whether the Administrator is a public agency or a private firm) to ensure that the time of each employee is not overcommitted, and that sufficient time exists for each employee to complete all their assigned tasks.

4. Fiscal Agent and Contracting Agent Costs. The Administrator shall consult with the Fiscal Agent and with the Contracting Agent (in the event they are separate PARTIES) and shall incorporate the proposed costs for the services of each into the proposed Workplan and Budget. Such costs shall be clearly and separately identified for each function (and identified separately from those of the Administrator) and shall include the costs for employee time, expenses (such as bank fees), overhead charges and all other proposed costs.

5.Cost Detail For Comparison. The budget shall be formatted in a clear and concise manner such that all projected expenditures and revenues are detailed by project and line item. The proposed Workplan and Budget shall contain sufficient detail about proposed work hours and costs such that a comparison can be made between the proposed costs for the current Administrator, the current Fiscal Agent and the current 5/6/13 26
215

TAC MEMORANDUM OF AGREEMENT
Contracting Agent, and other potential providers of these services.

6. Projected Amount of Fund Transfer From Fiscal Agent to Contracting Agent. In the event the Fiscal Agent and the Contracting Agent are different PARTIES, the budget shall include the projected amount of funds to be transferred from the Fiscal Agent to the Contracting Agent in order to pay for contracts with Outside Contractors that will be awarded by the Contracting Agent in the upcoming year. Such projections shall take into account all funds currently held by the Contracting Agent (if any) and the amount of such funds already encumbered for contracts in progress. The projection shall be accompanied by a recommendation as to the frequency of fund transfers from the Fiscal Agent to the Contracting Agent that will be required to fund contracts awarded by the Contracting Agent for the upcoming year (e.g. annual one-time transfer of funds, quarterly transfer of funds, or other recommended timing.) ?.Discussion Concerning Potential Conflicts. Once the initial draft of the proposed Annual Workplan is prepared, the IC Chair, the Administrator, the Fiscal Agent and the Contracting Agent shall meet to review and discuss the Workplan and shall work cooperatively to identify and address any potential conflicts that could arise with regard to policies of the Administrator, the Fiscal Agent or the Contracting Agent. Examples include proposed sale of recycling containers or other goods at less than the purchase price (i.e. subsidized cost of compost bins for the home composting program); provision of recycling grants, prizes, incentives; and other such items. At the direction of the IC Chair, the Administrator shall further investigate any potential conflicts that have been identified, and shall, in consultation with the Fiscal Agent and the Contracting Agent, research and propose solutions for eac.h. If solutions cannot be found, the issue may be presented to the IC for further consideration and/or the IC Chair may direct the Administrator to revise the Workplan and Budget to remove the items creating the potential conflict. In this event the IC Chair will inform the IC of such action when the Annual Workplan and Budget are considered for approval. 5/6/13 27
216

TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 4

CODE OF ETHICAL CONDUCT

1. Members shall strive to conduct all meetings, discussions and deliberations in a spirit of collaboration and partnership. Members shall treat all persons with respect and courtesy. In the course of discussions, members shall make their arguments on the merits of the issue rather than engaging in personal remarks or attacks on persons holding positions other than their own.

2. All members shall remain aware that the activities of the TAC are funded by fees. raised from the public; and that the TAC is recommending expenditures of public funds. Members shall act prudently and in the best interest of the public when making fiscal and policy decisions.

3. Members shall voluntarily recuse themselves from all discussions and votes, and shall refrain from expressing any opinion to other members on issues where any one of the following apply:
a. The member holds a financial interest such that the member could financially benefit from the action or issue being considered. b. The member is an owner or investor of a business the TAC is considering doing business with.
c. The member owns land that is being considered for purchase or lease by theTAC or by any program funded by the TAC.
d. A charity, community group or non-govemmental organization to which the member belongs or contributes funds would receive funds from the TAC for projects or services.
e. A person in the member's family could benefit financially from the action or issue being considered. Family includes the members' spouse, children, step-children, grandchildren and step-grandchildren, as well as siblings and parents of the member and the member's spouse.

4. A member recusing themselves shall mean (a) announcing the member has a conflict of interest when the item is opened for discussion, (b) leaving the meeting room before discussion on the matter commences, and (c) not returning to the room until after discussion and any vote on the matter is concluded.

5. Members .shall periodically conduct a self-assessment and inventory of any potential conflicts of interest they may have and, if the member is unsure whether or not a conflict exists, the member shall discuss the issue with the TAC Chair, the Administrator, TAC Legal Counsel or legal counsel for the member's own agency.

6. In the event a member fails to recuse him or her self during discussion of an issue where the member appears to have a conflict of interest, the Chair of the meeting shall ask the member to recuse him or her self and shall halt discussion about the issue until the member has left the room.

7. Members shall not engage in financial transactions using non-public information nor allow the improper use of such information to further any personal or private interest.
516113 28
217

TAC MEMORANDUM OF AGREEMENT

8. Members s.hall not solicit or accept any gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by the TAC, or whose interests may be substantially affected by actions of the TAC. Gifts do not include coffee, tea, · donuts, discounts available to the general public, greeting cards or plaques of minor intrinsic value. It is appropriate and prudent for members to decline even items of minor intrinsic value from sources described in this section.

9. Members shall not knowingly make unauthorized commitments or promises of any kind purporting to bind the TAC to take any type of action or to approve any contract, program or other commitment.

10. Members shall not use their membership on the TAC for private gain.

11. Members shall always act impartially and objectively and not give preferential treatment to any organization or individual.
.12. Members shall not seek or accept any contract to provide services to the TAC for a period of at· least six (6) months after termination of their membership on the TAC.

13. Members shall adhere to, and be vigilant that the TAC adheres to, all applicable state, federal and local laws and regulations.

14.AII members shall participate in a TAC-sponsored Ethics Training bienr:,ially.

15. Members shall endeavor to avoid any actions or statements that violate, or that create the appearance that they are violating, the law or any ethical standards set forth in this Attachment.
5/6/13 29
218

TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 5

PROCEDURES FOR TRANSFER OF COUNTYWIDE FUNDS FROM FISCAL AGENT

TO CONTRACTING AGENT
The following procedures shall be used in the event the Fiscal Agent and the Contracting Agent are different PARTIES./ ,

1. As part of its review and approval of the Annual Workplan and Budget, the IC shall establish the amount of funds and the schedule for transfer of funds from the Fiscal Agent to the Contracting Agent for the upcoming fiscal year.

2. Upon approval of the Annual Workplan and Budget by the Commission, the IC may take appropriate actions consistent with the Annual Workplan and Budget, including but not limited to, the following: ·
A. Direct the Fiscal Agent to transfer specific amount(s) of Countywide Funds to the Contracting Agent on a specified schedule. The schedule may call for annual, quarterly, or more frequent transfers, as needed for the fiscal year.

B. Adjust the timing and/or the amount(s) of funds to be transferred by the Fiscal Agent to the Contracting agent if circumstanc~s change during the year, or if there are other reasons to do so.

C. In the event the IC directs a change in the scope of work for an existing Outside Contractor that will increase the cost of the work, the IC may direct the Fiscal Agent to transfer additional funds to the Contracting Agent to pay for the amended scope of work.

3. In the event the Fiscal Agent is also serving as the Ac;jministrator, the IC shall direct the Fiscal Agent to transfer funds to th_e Contracting Agent for payment of the Administrator. The Contracting Ager:,t shall pay the Administrator pursuant to the contract executed between the Contracting Agent and the Administrator.

4. If a single PARTY is serving as the Fiscal Agent and the Contracting Agent, the IC may direct that PARTY to retain a specified amount of Countywide Funds to pay the PARTY for performing the services of Fiscal Agent and Contracting Agent.

5. In the event a single PARTY is serving as the Fiscal Agent, the Administrator and the , Contracting Agent, the IC will direct the PARTY to implement the Annual Workplan and Budget as approved by the IC and the Commission. This includes paying the costs specified in the approved Budget for the PARTY performing the duties of the , Administrator, the Fiscal Agent and the Contra'cting Agent, as well as carrying out the duties of each.

6. If the Contracting Agent is, at any time, running out of funds or projects a shortfall in funds due to changed conditions or circumstances, the Contracting Agent shall immediately inform the IC and the Fiscal Agent and proceed according to the directions of the IC.

7. When making transfers of funds to the Contracting Agent, the Fiscal Agent shall make the required arrangements for an electronic transfer of funds or for preparation of a check made payable to the Contracting Agent.

8. If the Contracting Agent does not receive funds from the Fiscal Agent pursuant to the schedule directed by the IC, the Contracting Agent shall promptly inform the Fiscal Agent and the Fiscal Agent shall promptly arrange for the funds to be transferred. 5/6/13 30
219

TAC MEMORANDUM OF AGREEMENT
9: At the end of the fiscal year, the IC will review the Year End Contract Status Report from the Contracting Agent, the Year-End Budget Report from the Fiscal Agent, and the Year-End Report from the Administrator. The IC may direct the Contracting Agent to transfer unspent, unencumbered funds to the Fiscal Agent or to retain such funds for use in the following fiscal year. The Contracting Agent will promptly comply with the directions of the IC.

10. If the IC directs the Contracting Agent to transfer unspent funds to the Fiscal Agent, the Fiscal Agent shall acknowledge receipt of s'uch funds to the Contracting Agent and shall note the transfer in the accounting records of the Fiscal Agent pursuant to generally accepted government accounting procedures.
5/6/13 31
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County of Santa Clara
Department of Agriculture and Environmental Management
Recycling and Waste Reduction Division
1555 Berger Drive Suite 300
San Jose, CA 95112
(408) 282-3180
Fax ( 408) 282-3188
DATE:

TO:

FROM:

RE:

September 2, 2014
Clerk of the Board
Lisa Rose 1--tJ
Memorandum of Agreement
http://www.ReduceWaste.org
Attached are the original, signed copies of the Agreement Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee, signed by each Party to the Agreement. Please forward an executed copy to me (electronically) and I will distribute to each of the cities. Please contact me at 408-282-3166 or [email protected] if you have any questions.

Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Ken Yeager, S. Joseph Simitian County Executive: Jeffrey V. Smith 221

EXHIBIT B
Composting Education Program Jurisdiction Contributions Fiscal Years 2025-2027

Jurisdiction
2024
Population*
% of Santa Clara
County
Population
FY 25-26
Jurisdiction
Contribution***
FY 26-27
Jurisdiction
Contribution***
Jurisdiction Total for
Term of the MOU
$147,000 **
Cupertino 59,471 3.12% $4,593.45 $4,593.45 $9,186.90 Gilroy 61,033 3.21% $4,714.09 $4,714.09 $9,428.18 Morgan Hill 46,384 2.44% $3,582.61 $3,582.61 $7,165.22 Mountain View 86,535 4.55% $6,683.83 $6,683.83 $13,367.66 Palo Alto 67,973 3.57% $5,250.13 $5,250.13 $10,500.26 San Jose 969,491 50.94% $74,881.95 $74,881.95 $149,763.90 Santa Clara 132,048 6.94% $10,199.18 $10,199.18 $20,398.36 Unincorporated 90,467 4.75% $6,987.53 $6,987.53 $13,975.06 PROGRAM TOTAL 1,513,402 79.52% $116,892.77 $116,892.77 $233,785.54 SCC County Population 1,903,198
****The total MOU amount decreased by 0.01 cent to resolve rounding variance. ***Jurisdictions will provide the full contribution amount for each fiscal year.

COMPOSTING EDUCATION PROGRAM JURISDICTION CONTRIBUTIONS BY POPULATION *Source: State of California, Department of Finance https://dof.ca.gov/forecasting/demographics/estimates/e-4-population-estimates-for-cities-counties-and-the- state-2021-2024-with-2020-census-benchmark/
** $147,000.00 was the Composting Education Program's initial cost of service to implement a Countywide Program that assumed participation from all 16 jurisdictions within the County.
222

EXHIBIT C

JURISDICTION RESPONSIBILITIES
a) Coordinate with the assigned Program representative to promote Composting Education Program Workshops and/or events via jurisdiction specific communication and outreach channels. b) Assist the Program in securing workshop room locations equipped with adequate infrastructure and materials for hosting Composting Education Program workshops. c) Connect the Program with school contacts to schedule school events. d) Participating jurisdictions shall submit the contribution amount and follow the funding terms outlined in Exhibit C of the MOU.
e) Provide jurisdiction recycling and waste reduction collateral materials for the Program to disseminate during events and workshops.
f) Make good faith efforts to communicate with the Program in a timely manner to ensure successful coordination of workshops and/or events.
223

Composting Education Program
Fiscal Year 2026 and Fiscal Year 2027 Scope of Work
Updated July 17, 2025

The Composting Education Program (Program) is a vital initiative that directly supports the county’s waste reduction goals by engaging the community in sustainable waste management practices. This scope of work outlines services from University of California Cooperative Extension (UCCE) Santa Clara Composting Education Program for FY 25-26 and FY 26-27 based on the following funding commitments from participating jurisdictions.

For FY 25-26 and FY 26-27, the Compost Education Program will be funded by multi- jurisdictions through an MOU managed by the City of Morgan Hill. To ensure program continuity and honor commitments for workshops already scheduled and promoted, the University of California Cooperative Extension will continue conducting the program from July 1, 2025, even before the MOU is executed. UCCE will cover program costs during this interim period and will be reimbursed retroactively from the agreement to July 1, 2025, once the MOU is in place. Under the terms of the MOU the Program will receive payment for the entire amount listed below for both fiscal years under this funding schedule.

The Program’s scope of work to provide services Countywide was initially proposed at $147,000, however the total amount for services reflected in the table below is modified to remove the cost contributions from jurisdictions that have opted not to participate in the multi- jurisdictional Composting Education Program. The updated scope of work and Program cost accounts for services that will only occur in the jurisdictions that participate in the MOU.

Each jurisdiction’s cost contribution amount listed in the table below is based on the percentage of the Santa Clara County population that resides in each participating jurisdiction and the percentage of the jurisdiction population is divided into the initial Countywide Program cost for services at $147,000. The population was exported from the California Department of Finance for 2024.

224

This MOU’s funding will support 0.5 FTE program coordinator. The program is also supported by UCCE staff including the Organic Waste Management Advisor and Master Gardener Program Coordinator. The UCCE Organic Waste Management Advisor will provide academic oversight ensuring that information disseminated by the Master Composter volunteers is science- based. The Advisor will also develop curriculum and training materials for Master Composter Volunteers and contribute to evaluation of the program. The Master Gardener Program Coordinator will oversee training and continuing education for Master Composter volunteers and support the program coordinator in program reporting.

Annual Deliverables for each FY 25-26 and FY 26-27
The following deliverables will be completed each fiscal year during the two-year program period:

Task 1: Educational Outreach and Workshops
1a: Workshop Delivery
● Conduct at least 25 workshops annually (including up to 4 online workshops and 2 workshops in Spanish), approximately split up as follows:
▪ i. South County (Gilroy-Morgan Hill) 2-3 workshops
▪ ii. West Valley (Cupertino) 2-3 workshops
▪ iii. San Jose 8 -12 workshops
▪ iv. North County (Palo Alto, Mountain View) 4 - 6 workshops ▪ v. Central (Santa Clara) 3-6 workshops
● Schedule and promote workshops in participating jurisdictions. ▪ An annual workshop schedule will be created at the beginning of the fiscal year.

COMPOSTING EDUCATION PROGRAM JURISDICTION CONTRIBUTIONS BY POPULATION Jurisdiction
2024
Population
% of Santa
Clara
County
Population
FY 25-26
Jurisdiction
Contribution
FY 26-27
Jurisdiction
Contribution
Jurisdiction Total
for MOU Term
Cupertino 59,471 3.12% $4,593.45 $4,593.45 $9,186.89 Gilroy 61,033 3.21% $4,714.09 $4,714.09 $9,428.18 Morgan Hill 46,384 2.44% $3,582.63 $3,582.63 $7,165.25 Mountain View 86,535 4.55% $6,683.83 $6,683.83 $13,367.65 Palo Alto 67,973 3.57% $5,250.13 $5,250.13 $10,500.25 San Jose 969,491 50.94% $74,881.95 $74,881.95 $149,763.90 Santa Clara 132,048 6.94% $10,199.18 $10,199.18 $20,398.36 Unincorporated 90,467 4.75% $6,987.53 $6,987.53 $13,975.06

PROGRAM
TOTAL $116,892.77 $116,892.77 $233,785.54

SCC County
Population 1,903,198
225

▪ Workshop educator’s name will be shared with the jurisdiction one week prior to the workshop.
● Request workshop participants complete workshop evaluation and survey after each workshop.
● When possible, we will coordinate workshops with the San Jose Community Composting Network, a partnership between the North Santa Clara Resource Conservation District, Valley Verde, and the San Jose Conservation Corps + Charter School, with the goal of expanding community composting and food waste collection services and providing free compost to urban farmers in underserved communities.

2a: Community Engagement
● Participate in 15 community events across participating jurisdictions ▪ Community events may include:
▪ Plant and Pollinator Day (San Jose)
▪ Eco Fair (Santa Clara)
▪ Pomeroy Community Garden Day (Santa Clara)
▪ Master Gardener Spring Market Garden (San Jose)
▪ Earth Day Events (Cupertino)
▪ Santa Clara County Fair (San Jose)
▪ Martial Cottle Park Harvest Festival (San Jose)
▪ Health and Wellness Resource Fair (Morgan Hill)
● Host 6 Community Composting Workdays open to the public

3a: School Composting Education and Support

● Support at least 10 kindergartens through 12th grade (K-12) school events in participating jurisdictions, by request from schools and UCCE nutrition education programs ● Provide direct outreach to at least 1,500 students or other youth annually, by request from schools and UCCE nutrition education programs
● Support installation of compost systems in up to 5 K-12 schools annually, by request from schools and UCCE nutrition education programs

Task 2: Technical Support and Services

2a. Direct Assistance
● Provide direct technical support to residents and organizations on composting and organic materials management:
▪ Referrals
▪ Online requests at https://cesantaclara.ucanr.edu/Home_Composting_Education/ ▪ Rotline phone number 408 918 4640; callers are directed to online resources reducewaste.org and calls are answered. Information is provided on workshops, bin sales, trash sorting, and composting. Voicemail messages are answered within two business days.

Technical assistance may range from answering simple inquiries, to conducting feasibility studies and designing compost systems.

2b.Resource Distribution
● Facilitate sale of compost bins to workshop attendees and other qualifying customers 226

▪ Research and if available, provide options of 2 compost bins and 2 worm compost bins for distribution.
● Direct all attendees and education partners to the ReduceWaste hub (reducewaste.org) for countywide information on services, programs, and resources (including HHW, Green Business, TAC, and others)

Task 3: Program Development and Expansion

3a. Regulatory Compliance Outreach
● Provide outreach on SB 1383 requirements, organic waste recycling, food waste reduction, and curbside collection at each workshop specific for each jurisdiction.

3b. Demonstration Site Operation and Enhancement
● Further develop the Community Composting Demonstration Site at Martial Cottle Park for ▪ Compost production demonstrating composting different materials, and the application of traditional and innovative methods and tools
▪ Providing compost to community members or organizations, developing a distribution process
▪ Providing community workdays for residents to gain experience working with various types of composting systems

3c. Master Composter Volunteer Training
Continuing Education for Master Composters, including:
▪ Coordinating expert guest lecturers
▪ Coordinating with waste management experts regionally ▪ Training Master Composter Volunteers to provide value in classes, events, and their communities
▪ Master Composter Initial Training (FY 25-26 only)
Conduct an initial training course to develop new Master Composters every other year

Task 4. Reporting and Documentation

4a. Quarterly Reporting
● Submit quarterly reports and an annual report to TAC containing:
▪ Data on number of workshops and events (including a list of events attended and their locations by City)
▪ Number of people served by each city
▪ Number of online requests and call handled
▪ Website analytics
▪ Social media analytics
▪ Estimates of impact including changes in waste management practices of program participants

4b. Annual Reporting
• Summary of all measurements and assessments collected throughout the year • Compilation of data by city reported quarterly
227

• Any data collected from longitudinal surveys to assess waste diversion and compost activities

Sheila Barry, County Director, UCCE Santa Clara
(408) 438-8791
[email protected]
228

CITY OF CUPERTINO
Agenda Item
25-14325 Agenda Date: 10/7/2025
Agenda #: 15.

Subject: Study Session on amendments to Audit Committee Duties, Powers, and Responsibilities Conduct study session on the Audit Committee’s recommendation to amend Municipal Code Section

2.88.100 to reflect the following changes:

1. Change the committee’s name to “Audit and Finance Committee.”

2. Modify Section 2.88.100(g) to read: “To review the City’s internal controls and internal audit reports.”

3. Add Section 2.88.100(i): “To review the use of artificial intelligence in the City’s financial reporting, internal controls over financial reporting, risk management, and compliance.” CITY OF CUPERTINO Printed on 10/1/2025Page 1 of 1
powered by Legistar™
229

CITY COUNCIL STAFF REPORT
Meeting: October 7, 2025

Subject
Study session on amendments to Audit Committee Duties, Powers, and Responsibilities

Recommended Action
Conduct study session on the Audit Committee’s recommendation to amend Municipal Code Section 2.88.100 to reflect the following changes:

1. Change the committee’s name to “Audit and Finance Committee.”

2. Modify Section 2.88.100(g) to read: “To review the City’s internal controls and internal audit reports.”

3. Add Section 2.88.100(i): “To review the use of artificial intelligence in the City’s financial reporting, internal controls over fi nancial reporting, risk management, and compliance.”

Background
On May 20, 2025, the City Council directed the Audit Committee to consider amendments to its scope of duties and recommend changes for Council’s consideration. Following this directive, the A udit Committee engaged in a series of discussions, informed by Government Finance Officers Association (GFOA) best practices and input from the City’s internal auditors, Baker Tilly.

During the July 28 th, 2025, meeting, the Audit Committee unanimously voted to recommend three specific changes to its duties, powers, and responsibilities: (1) renaming the committee as the “Audit and Finance Committee” to reflect its broader oversight role, (2) clarifying Section 2.88.100(g) to ensure clear oversight of th e City’s internal controls and audit reports, and (3) adding a new provision related to the review of artificial intelligence as it relates to financial management, internal controls, risk, and compliance.

The Audit Committee’s duties were last updated in February 2023 following a comprehensive review of City commissions and committees. Those updates streamlined oversight functions and adjusted reporting frequencies, and since then, the committee has operated efficiently under its revised structure.

230

Analysis
The proposed amendments are intended to modernize the committee’s scope and align it with evolving best practices in public sector financial oversight. Specifically:
- Name change: Renaming the committee as the “Audit and Finance Committee” signals its role in both financial and audit-related oversight. - Section 2.88.100(g): Clarifying this section strengthens accountability around the City’s system of internal controls while maintaining existing oversight of internal audit reports.
- Section 2.88.100(i): Adding this new duty recognizes the increasing use of artificial intelligence tools in financial reporting, internal controls, risk management, and compliance, and ensures the committee remains equipped to evaluate emerging risks and opportunities.

Next Steps
With Council direction, staff will prepare amendments to Municipal Code Section 2.88.100 for Council consideration. The proposed ordinance is tentatively scheduled for first reading on October 21, 2025, with second reading on November 4, 2025. The ordinance will take effect 30 days after the second reading, on December 4, 2025.

Sustainability Impact
No sustainability impacts.

Fiscal Impact
No fiscal impact.

City Work Program Item/Description
None

City Council Goal
Fiscal Strategy

California Environmental Quality Act
Not applicable.
_____________________________________

Prepared by: Jonathan Orozco, Finance Manager
Reviewed by: Kristina Alfaro, Director of Administrative Services and City Treasurer Approved for Submission by: Tina Kapoor, Interim City Manager Attachments:

A – Municipal Code - Chapter 2.88 Audit Committee

231
CHAPTER 2.88: AUDIT COMMITTEE

2.88.010 Established–Composition.

A. The Audit Committee of the City is established. The Audit Committee shall consist of five members as follows:

1. Two City Council members;

2. A minimum of Two and a maximum of three at large members who are not officials or employees of the City nor cohabit with, as defined by law, nor be related by blood or marriage to, any member of the committee, the City Manager or the staff person or persons assigned to the committee. (Ord. 1913, (part), 2003; Ord. 1874, § 1 (part), 2001; Ord. 1679, § 1 (part), 1995)

2.88.020 At Large Member–Qualifications.

An Audit Committee at large member is not required to be a Cupertino resident. In selecting an at large member, the City Council shall give priority to individuals who have substantial accounting, audit, or investment experience, preferably in connection with a governmental agency.
(Ord. 1913, (part), 2003; Ord. 1874, § 1 (part), 2001; Ord. 1679, § 1 (part), 1995)

2.88.030 Terms of Office.

A. Audit Committee members serve at the pleasure of the City Council. The term of office of the members of the Audit Committee shall be for four years commencing on the date of their respective appointments to the Audit Committee and shall end on January 30th of the year the terms are due to expire. No Audit Committee member shall serve more than two consecutive terms unless he or she has been appointed to the committee to fill an unexpired term of less than two years.

B. The appointment, reappointment and rules governing incumbent members of the Audit Committee are governed by the Resolution of the City Council which governs advisory bodies.
(Ord. 18-2180, § 10 (part), 2018; Ord. 1974, § 1, 2006; Ord. 1679, § 1 (part), 1995)

2.88.040 Members–Vacancy Prior to Expiration of a Term. 232
If a vacancy occurs other than by expiration of a term, it shall be filled by the City Council’s appointment for the unexpired portion of the term. (Ord. 1679, § 1 (part), 1995)

2.88.050 Chairperson.

The committee shall elect its chairperson and vice chairperson from among its members and shall appoint a secretary. Terms of the chairperson and vice chairperson shall be for one year. Upon approval of the City Council, the City Manager may appoint a secretary who need not be a member of the committee.
(Ord. 2015, § 1, 2008; Ord. 1679, § 1 (part), 1995)

2.88.060 Meetings.

A. The Audit Committee shall establish a regular time and place of meeting and rules of conduct thereof and shall hold at least one regular meeting quarterly.

B. A majority of the Audit Committee shall constitute a quorum for the purpose of transacting the business of the committee.
(Ord. 1679, § 1 (part), 1995)

2.88.070 Compensation–Expenses.

Members shall serve on the Audit Committee without compensation, but all necessary expenses reasonably incurred by them while acting in their official capacity shall be paid by appropriate action of the City Council.
(Ord. 1679, § 1 (part), 1995)

2.88.080 Majority Vote Required.

A majority vote of the quorum is required to approve a recommendation on any matter that is presented to the committee which requires a vote. (Ord. 1679, § 1 (part), 1995)

2.88.090 Records.
233
The committee shall keep an accurate record of its proceedings and transactions and shall render such reports to the City Council and Planning Commission as may be required. These records shall be filed with the City Clerk. (Ord. 18-2180, § 10 (part), 2018; Ord. 1679, § 1 (part), 1995)

2.88.100 Duties–Powers–Responsibilities.

The powers and functions of the Audit Committee shall be as follows:

A. To review the annual audit report and management letter; B. To recommend appointment of auditors;
C. To review the Quarterly Treasurer’s investment report; D. To recommend a budget format;
E. To review City investment policies and internal controls of such policies; F. To recommend appointment of internal auditors;
G. To review internal audit reports;
H. To review quarterly Fraud, Waste, and Abuse Program reports. (Ord. 23-2247, § 1 (part), 2023; Ord. 22-2243, § 1, 2022; Ord. 20- 2208, § 1, 2020; Ord. 1679, § 1 (part), 1995)

2.88.110 City Staff Assistance.

The Audit Committee shall have available to it such assistance of City staff as may be required to perform its functions, the staff assignments and administrative procedures to be under the general direction and supervision of the Director of Administrative Services.
(Ord. 1679, § 1 (part), 1995)

2.88.120 Procedural Rules.

The Audit Committee may adopt from time to time such rules of procedure as it may deem necessary to properly exercise its powers and duties. Such rules shall be subject to approval by the Council before becoming effective. All such rules shall be kept on file 234
with the chairperson of the Audit Committee, the Mayor, and the City Clerk and a copy thereof shall be furnished to any person upon request.
(Ord. 1679, § 1 (part), 1995)

2.88.130 Effect.

Nothing in this chapter shall be construed as restricting or curtailing any powers of the City Council or City officers.
(Ord. 1679, § 1 (part), 1995)

235

CITY OF CUPERTINO
Agenda Item
25-13775 Agenda Date: 10/7/2025
Agenda #: 16.

Subject: Consider Municipal Code Amendments for consistency with Senate Bill 450 and minor text edits, amending multiple chapters of the Municipal Code. (Application No.: MCA-2024-004; Applicant: City of Cupertino; Location: Citywide)
That the City Council:

1. Conduct the first reading of Ordinance No. 25-2277 “An Ordinance of the City Council of the City of Cupertino amending Chapters 14.15 (Landscape), 14.18 (Protected Trees), 18.20 (Parcel Maps), 18.52 (Hillside Subdivisions), 19.08 (Definitions), 19.12 (Administration), 19.16 (Designation and Establishment of Districts), 19.28 (Single Family R1 Zones), 19.36 (Multiple- Family R3 Zones), 19.38 (Multiple-Family R4 Zones), 19.40 (Residential Hillside RHS Zones),

19.44 (Residential Single-Family Cluster R1C Zones), 19.46 (Townhomes TH Combining District), 19.60 (General Commercial CG Zones), 19.100 (Accessory Structures), 19.102 (Glass and Lighting), 19.104 (Signs), 19.124 (Parking), and 19.132 (Sale of Alcoholic Beverages and Gasoline) of the Municipal Code regarding consistency with Senate Bill 450 and minor text edits.”; and

2. Find that the proposed actions are exempt from CEQA.

CITY OF CUPERTINO Printed on 10/1/2025Page 1 of 1
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236

CITY COUNCIL STAFF REPORT
Meeting: October 7, 2025

SUBJECT
Consider Municipal Code Amendments for consistency with Senate Bill 450 and minor text edits, amending multiple chapters of the Municipal Code . (Application No.: MCA- 2024-004; Applicant: City of Cupertino; Location: Citywide)

RECOMMENDED ACTIONS
That the City Council:

1. Conduct the first reading of Ordinance No. 25-____: “An Ordinance of the City Council of the City of Cupertino amending Chapter s 14.15 (Lan dscape), 14.18 (Protected Trees), 18.20 (Parcel Maps), 18.52 (Hillside Subdivisions), 19.08 (Definitions), 19.12 (Administration), 19.16 (Designation and Establishment of Districts), 19.28 (Single Family R1 Zones), 19.36 (Multiple-Family R3 Zones), 19.38 (Multiple-Family R4 Zones), 19.40 (Residential Hillside RHS Zones), 19.44 (Residential Single-Family Cluster R1C Zones), 19.46 (Townhomes TH Combining District), 19.60 (General Commercial CG Zones ), 19.100 (Accessory Structures),

19.102 (Glass and Lighting), 19.104 (Signs ), 19.124 (Parking), and 19.132 (Sale of Alcoholic Beverages and Gasoline) of the Municipal Code regarding consistency with Senate Bill 450 and minor text edits.”; and

2. Find that the proposed actions are exempt from CEQA.

REASONS FOR RECOMMENDATION
Background
On September 16, 2021, Senate Bill 91 (“SB 9”) was signed into law which added Sections 65852.21 and 66411.7 to the California Government Code. These new sections required that cities ministerially approve up to two units and a two-lot subdivision in single-family zoning districts. SB 9 initially allowed jurisdictions to adopt objective zoning, subdivision, and design standards for SB 9 projects when those standards did not

1 Senate Bill No. 9 (Original Bill Text):
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 237
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October 7, 2025 Amendments to Cupertino Municipal Code Page 2

preclude a two-lot subdivision or the construction of up to two, 800-square-foot units with four-foot side and rear setbacks.

In 2022, the City Council adopted Ordinance 22-22462 to incorporate objective standards for SB 9 projects into the Municipal Code. The standards were created with the intent of maintaining privacy protections and residential design guidelines to encourage orderly development of SB 9 projects that require ministerial review, allow for reduced side and rear setbacks, and increase the number of residences allowed on a property.

In October 2024, Senate Bill 450 3 (“SB 450”) was signed into law and went into effect on January 1, 2025. The bill modified California Government Code Sections 65852.21 and 66411.7 (SB 9) by:
a. Establishing a 60-day processing timeline for cities; b. Updating requirements for demolition and environmental findings; and c. Limiting the City’s ability to apply development standards to SB 9 projects that are not generally applied to development in the same zoning district.

SB 450 prohibits cities from implementing specific zoning, subdivision, or design standards for SB 9 projects that are not uniformly applicable to development in the underlying zoning district. As such, the City may only apply objective zoning, subdivision, and design standards to SB 9 projects if those standards are applicable to or more permissive than standards within the underlying zone. Therefore, many of the City’s existing objective SB9 standards, adopted in 2022, are no longer enforceable on SB 9 projects.

Attachments A and B present proposed amendments to the Municipal Code to address changes under SB 450 as well as minor clean -up amendments such as typographical corrections and reference updates. Remove d text is shown as a red strike -through, new text shown as a red underline, and moved text shown as green strike -through and underline text.

Analysis – SB 450 Changes
To address changes made to SB 9 processing under SB 450, staff has drafted amendments to the requirements for both single -family residential developments and SB 9 projects.

The proposed amendments would move design standards currently applicable only to SB 9 projects and make them uniformly applicable to development in the underlying R -

2 Cupertino City Council Ordinance 22-2246:
https://records.cupertino.org/WebLink/DocView.aspx?id=1045883&dbid=0&repo=CityofCupertino 3 Senate Bill No. 450 (Original Bill Text):
https://legiscan.com/CA/text/SB450/id/2839503
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1 and RHS Residential zones and revise existing single-family design standards to make them more objective. The following provides an overview of the proposed changes, based on the Municipal Code chapters affected.

Chapter 18.20 – Parcel Maps
An additional sectio n has been added to incorporate subdivision standards for two -lot subdivisions in Single-Family Residential zones (i.e. R1 and RHS). These standards were previously included in the R1 and RHS chapters for subdivisions under SB 9. Under the new section, these standards would apply to all two-lot subdivisions in the R1 and RHS zoning districts. This new section would also be referenced in the existing section for SB 9 subdivisions to aid in a more consistent and transparent application of these standards.

Chapter 18.52 – Hillside Subdivisions
A reference to the newly added section in Chapter 18.20 for two -lot subdivisions in Single-Family Residential zones has been added.

Chapter 19.08 – Definitions
Definitions of “Front Entry Porch” and “Porch” have been proposed to ensure that there is a consistent and objective application of standards related to entry feature encroachment into the front yard setback area and the design of front entry features.

Chapter 19.28 – Single-Family Residential (R1) Zones
The develop ment standards for R -1 zoned properties have been updated to reflect changes to State law made through SB 450. This includes expanded development requirements for all R -1 developments that were previously applicable only to SB 9 developments and subdivisions. As required by State law, newly proposed or modified standards are objectively worded.

Where possible, the standards for SB 9 subdivisions have been relocated to the newly incorporated section for two -lot subdivisions in Chapter 18. 20. Standards which previously restricted the size of living space, grade change based on lot slope, basements, and balconies for SB 9 developments have been removed.

If adopted, the following standards that were previously only applicable to SB 9 developments would now be applied to all R-1 developments:
a. Grading limitations for d evelopment proposed on building pads/graded areas with slopes equal to or greater than 20%.
b. Development requirements for properties with an average slope greater than 10% or development on slo pes equal to or greater than 30% to comply with some sections for Residential Hillside development.
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c. Development requirements for d riveways, curb cuts, public improvements, and easements.
d. Building requirements for a second story building envelope and designated refuse area.
e. Landscaping requirements for front yard and privacy screening trees. f. Design requirements for maximum visible garage width, front entry features, private open space, accessory structures, and architectural features and materials. g. Prohibition of exterior stairways to second floors of residences.

Chapter 19.40 – Residential Hillside (RHS) Zones
The development standards for RHS zoned properties have been updated to reflect changes to State law made through SB 450. This includes expan ded development requirements for all RHS developments that were previously applicable only to SB 9 developments and subdivisions. As required by State law, newly proposed or modified standards are objectively worded.

Where possible, the standards for SB 9 subdivisions have been relocated to the newly incorporated section for two -lot subdivisions in Chapter 18.20. Standards which previously restricted the size of living space, grade changes based on lot slope, development of more than 500 square feet on slopes exceeding 30%, development within trail linkages and Public Open Spaces, views onto neighboring properties, extension of a non-conforming wall plane, basements, and balconies for SB 9 developments have been removed.

The following standards that were previously only applicable to SB 9 developments will now be applied to all R1 developments:
a. Additional grading and visible wall-face limitations. b. Development requirements for off -site improvements and designated refuse areas.
c. Design requirements for maximum visible garage width, roof overhangs, front entry features, private open space, accessory structures, and architectural features and materials.

An additional modification to Section 19.40.060 is proposed to address an inadvertent change to standards for floor area allowances on lots less than 10,000 square feet in size which would affect the floor area limitations for SB 9 projects. The standard, which is being reintroduced through these amendments, requires parcels that are less than 10,000 square feet in size to limit floor area to 4 5% of the lot area, rather than using the slope adjustment formula that is applied to lots greater than 10,000 square feet. 240
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October 7, 2025 Amendments to Cupertino Municipal Code Page 5

Analysis – Ordinance Clean-Up
Staff has proposed amendments to the following chapters of the Municipal Code, solely to be consistent with State law, to correct minor text edits such as misspellings and typos, to update references, and to ensure internal Code consistency affecting the following Code sections: 14.15 - Landscape, 14.18 - Protected Trees, 1 9.08 - Definitions, 19.12 - Administration, 19.16 - Designation and Establishment of Districts, 19.36 - Multiple- Family R3 Zones, 19.38 - Multiple-Family R4 Zones, 19.44 - Residential Single -Family Cluster R1C Zones, 19.46 - Townhomes TH Combining District , 19.60 - General Commercial CG Zones, 19.100 - Accessory Structures, 19.102 - Glass and Lighting, 19.104 - Signs, 19.124 - Parking, and 19.132 - Sale of Alcoholic Beverages and Gasoline.

Please note that, consistent with the Planning Commission’s unanimo us recommendations (see below), these clean -up amendments do not include any edits to introduce or modify standards to better align with internal policies and practices.

Analysis – Planning Commission Discussion
On September 9, 2025 4, the Planning Commissi on met to discuss the proposed amendments to the Municipal Code. At the time of the Commission’s hearing, staff had included proposed amendments related not only to updates to conform with SB 450 and minor text edits, but also to introduce or modify standa rds to better align with internal policies and practices. While the Commission discussed these proposed Code amendments related primarily to the peer review of arborist reports, permit expiration timeframes, residential demolition restrictions, new Code de finitions, and tree replacement requirements, the Commission stated that number and scope of the proposed amendments warranted more detailed consideration on their part and that the Commission would, therefore, like to consider proposed Code amendments, ot her than those related to SB 450 conformance or the correction of typos, by topic, at future Planning Commission meetings.

Following their discussion, the Commission, in a 5 -0 vote, recommended the Council adopt only the proposed Municipal Code amendments related to SB 450 and minor text edits. Based on the Commission’s unanimous vote , staff has removed previously proposed amendments unrelated to SB 450 compliance, minor text edits to correct typos, updated references, and ensuring internal Code consistenc y. Staff also made two other minor changes to the ordinance to relocate a standard and remove a duplicate reference to a standard occurring in Chapter 19.28. Attachment D provides a copy of the resolution

4 Staff report and attachments available online at:
https://cupertino.legistar.com/LegislationDetail.aspx?ID=7648693&GUID=DCD93C2F -B459-4A4D-B8A7- 5BD3D53FF8C6&Options=&Search=
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presented to Planning Commission with sections remo ved or modified marked with a yellow highlight.

SUSTAINABILITY IMPACT
No sustainability impact.

FISCAL IMPACT
No fiscal impact.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The proposed ordinance revisions are not a project within the meaning of section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because they have no potential for resulting in physical changes in the environment, either directly or indirectly and are adopted to implement provisions of California Government Code Sections 65852.21 and 66411.7; and in the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a s ignificant effect on the environment.

PUBLIC NOTICING & OUTREACH
The following noticing has been conducted for this project:

Notice of Public Hearing, Site Notice
& Legal Ad
Agenda
 Legal ad placed in newspaper
(at least 10 days prior to hearing)
 Display ad placed in newspaper
(at least 10 days prior to hearing)
 Posted on the City's official notice
bulletin board (five days prior to hearing)
 Posted on the City of Cupertino’s Web
site (five days prior to hearing)

PUBLIC COMMENTS
As of the posting of this staff report, no public comments have been received.

NEXT STEPS
Staff expects to bring the final Municipal Code amendments to the City Council for its second reading of the ordinance on October 21, 2025. If approved, the standards would go into effect on November 21, 2025.

Prepared by: Emi Sugiyama, Senior Planner
Reviewed by: Benjamin Fu, Director of Community Development Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, Interim City Manager 242
MCA-2024-004
October 7, 2025 Amendments to Cupertino Municipal Code Page 7

Attachments:

A – Draft Ordinance
B – Proposed Amendments (redlines with annotations)
C – Planning Commission Resolution (Signed)
D – Changes Made to Exhibit A
243

ORDINANCE NO. 25-XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING CITY CODE CHAPTERS 14.15, 14.18, 18.20,

18.52, 19.08, 19.12, 19.16, 19.28, 19.36, 19.38, 19.40, 19.44, 19.46, 19.60, 19.100,

19.102, 19.104, 19.124, AND 19.132 OF THE MUNICIPAL CODE FOR CONSISTENCY WITH SENATE BILL 450 AND MINOR TEXT EDITS

The City Council of the City of Cupertino finds that:

WHEREAS, on September 16, 2021, the Governor of the State of California signed into law Senate Bill No. 9, “An act to amend Section 66452.6 of, and to add Section 65852.21 and 66411.7 to, the California Government Code,” which required ministerial approval of housing developments of up to two units in a single-family zoning district, the subdivision of parcels zoned for single-family use into two parcels, or both.

WHEREAS, on September 19, 2024, the Governor of the State of California signed into law Senate Bill No. 450, “An act to amend Sections 65585, 65852.21, and 66411.7 of the California Government Code, relating to land use.”
WHEREAS, Senate Bill No. 450 established a 60-day timeline for local agency review and action and updated requirements for demolition and environmental findings.

WHEREAS, Senate Bill No. 450 further prohibited the imposition of non-uniform objective zoning, design, and subdivision standards on projects proposed under Sections 65852.21 and 66411.7 of the California Government Code, unless more permissive than applicable standards within the underlying zone and specified that objective zoning, design, and subdivision standards must relate to parcel design and improvements.

WHEREAS, on November 15, 2022, the City Council voted to adopt Ordinance 22-2246 to incorporate standards for ministerial approval of duplexes and lot splits in single-family residential districts, in response to Senate Bill No. 9.

WHEREAS, certain zoning, design, and subdivision standards introduced through Ordinance 22-2246 are inconsistent with Sections 65852.21 and 66411.7 of the California Government Code, as amended by Senate Bill No. 450.

WHEREAS, the City Council desires to have objective standards that are clear and understandable to ensure orderly development and are consistent with State law; and WHEREAS, the Ordinance amends the City's Municipal Code as set forth in Exhibit A to clarify the development standards to be applied to two-lot subdivisions and duplex 244

development, and include minor clean up items including typographical and reference fixes; and
WHEREAS, the Ordinance is consistent with the City's General Plan and the public health, safety, convenience, and general welfare; and
WHEREAS, following necessary public notices given as required by the procedural ordinances of the City of Cupertino and the Government Code, the Planning Commission held a public hearing on September 9, 2025 to consider the Ordinance; and WHEREAS, on September 9, 2025, by Resolution 2025-15, the Planning Commission recommended on a unanimous (5-0-0) vote that the City Council adopt the proposed Municipal Code Amendment to clarify development standards; and WHEREAS, on October 7, 2025, upon due notice, the City Council has held at least one public hearing to consider the Municipal Code Amendment; and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Ordinance.

WHEREAS, the City Council finds the following:

1. That the proposed amendments are in accord with the Municipal Code and the City's Comprehensive General Plan.

The proposed amendments are in conformance with the General Plan since the General Plan indicates that design regulations and guidelines for single -family development should be maintained and updated to address neighborhood compatibility and visual and privacy impacts (Strategy LU-27.1.1) and that zoning and subdivision standards should consider the need to preserve neighborhood lot patterns (Policy LU-27.7). The proposed amendments make changes to design and subdivision standards to allow for a consistent application of standards throughout single-family residential neighborhoods.

2. The proposed amendments ar e in compliance with the provisions of the California Environmental Quality Act ( CEQA).

Pursuant to California Government Code Sections 65852.21 and 66411.7, an ordinance adopted to implement Sections 65852.21 and 66411.7 shall not be considered a projec t under Division 13 (commencing with Section 21000) of the Public Resources Code.

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

The proposed amendments will apply to all single-family zoned properties within the city. The proposed amendments will not result in standards that would limit site access or provisions of 245

utilities. Furthermore, the proposed amendments would ensure the compatibility of new development within single -family residential zones by ensuring that all development within these zoning districts adheres to the same standards, where not otherwis e prohibited by State law.

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

The proposed amendments align zoning , design, and subdivision standards with the City ’s General Plan land use goals and policies related to orderly development within single-family residential districts. The proposed amendments would ensure compatibility of new development within single -family residential zones by ensuring that all development within these zoning districts adheres to the same standards, where not otherwise prohibited by State law.

5. That the proposed amendments are not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject parcels.

The proposed are not detrimental to the health, safety, peace, morals, and general welfare since the proposed amendments further apply existing standards of the Municipal Code to promote orderly development.

6. The proposed amendments are internally consistent with this title.

The proposed ordinance is internally consistent with the Cupertino Municipal Code and incorporates minor amendments where needed to ensure continued consistency.

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

SECTION 1: Adoption.

The Cupertino Municipal Code is further amended as set forth in Exhibit A.

SECTION 2: Severability and Continuity.

The City Council declares that each section, sub -section, paragraph, sub -paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub -section, paragraph, sub -paragraph, sentence, clause and phrase of thi s 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 eff ect 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 246

construed as continuations of those provisions a nd not as an amendment to or readoption of the earlier provisions.

SECTION 3: California Environmental Quality Act.

This Ordinance is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment and is adopted to implement provisions of California Government Code Sections 65852.21 and 66411.7 . In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on t he environment, the activity is not subject to CEQA. In this circumstance, the amendments to the City Code would have no or only a de minimis impact on the environment . The foregoing determination is made by the City Council in its independent judgment.

SECTION 4: Effective Date.

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

SECTION 5: Publication.

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

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

INTRODUCED at a regular meeting of the Cupertino City Council on October 7, 2025 and ENACTED at a regular meeting of the Cupertino City Council on October 21, 2025 by the following vote:

Members of the City Council
AYES:

NOES:
247

ABSENT:

ABSTAINED:

SIGNED:

Liang Chao, Mayor
City of Cupertino

Date
ATTEST:

Kirsten Squarcia, City Clerk

Date
APPROVED AS TO FORM:

_______________________
Floy Andrews, Interim City Attorney
Aleshire & Wynder, LLP

________________________
Date
248

EXHIBIT A

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO

AMEND MULTIPLE CHAPTERS OF THE MUNICIPAL CODE FOR CONSISTENCY WITH SENATE BILL 450 AND MINOR TEXT EDITS

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

Chapter 14.15

1. Update to Section 14.15.020 (A) (1) – Table 14.15.020:

Type of Permit Total
Landscape
Area
Requirement
Building Permits
New home in R1, RHS, A1 or
R2 Zones
< 500 s.f.

Prescriptive Compliance Application
(Appendix A) - Informational only

500 s.f. -
2,499 s.f.

Prescriptive Compliance Application
(Appendix A) or Landscape
Documentation Package (Sec.

14.15.050)
≥ 2,500 s.f. Landscape Documentation Package
(Sec. 14.15.050)
Planning Permit or Grading Permit
New home in R1, RHS, A1 or
R2 Zones
<500 s.f. Prescriptive Compliance Application
(Appendix A) - Informational only
500 s.f. -
2,499 s.f.

Prescriptive Compliance Application
(Appendix A) or Landscape
Documentation Package (Sec.

14.15.050)
≥ 2,500 s.f. Landscape Documentation Package
(Sec. 14.15.050)
Commercial, industrial, office,
multiple-family residential,
townhome, public and
institutional projects
< 2,500 s.f.

Prescriptive Compliance Application
(Appendix A) or Landscape
Documentation Package (Sec.

14.15.050)
≥ 2,500 s.f. Landscape Documentation Package
(Sec. 14.15.050)
249

Any landscape installation or
rehabilitation project
< 2,500 s.f. Prescriptive Compliance Application
(Appendix A) - Informational only
≥ 2,500 s.f. Landscape Documentation Package
(Sec. 14.15.050)
New and rehabilitated
cemeteries >0 s.f.

Water Budget Worksheet (Appendix
B)
Landscape and Irrigation
Maintenance Schedule (Sec.

14.15.120)
Landscape Installation Report (Sec.

14.15.130)
Existing and established
landscapes, including
cemeteries
>1 acre
Water Budget Worksheet (Appendix
B)
Audit of Established Landscapes
(Sec. 14.15.150)

Chapter 14.18

2. Update Section 14.18.160.

Diameter of Trunk Size of Removed Tree (Measured
4½ feet above grade) Replacement Trees
Up to 12 inches* One 24" box tree
Over 12 inches and up to 36 inches Two 24" box trees or One 36" box tree
Over 36 inches One 36" box tree
Heritage tree One 48" box tree
* Does not apply to R1, A1, A, RHS, and R2 zones except to approved development trees, and approved privacy protection plantings.

Chapter 18.20

3. Add Section 18.20.180:

18.20.180 Subdivision Standards for Two-Lot Subdivisions in Single-Family Residential Zones.

A. Lot Configuration

1. Single-
Family
Residential
Zones (R1)
a. No more than two new, non-curved property lines may be added to create a new lot.
250

b. Existing interior lots or pie shaped lots with either (i) 60 feet or more street frontage, or (ii) more than 75 feet of street frontage and a lot depth of up to 145 feet, shall result in a street frontage that is between 40-60% of the existing street frontage of the lot being subdivided. Resulting lots shall have a side-by-side orientation and shall not create a landlocked parcel.
c. Existing interior lots or pie shaped lots with more than 75 feet of street frontage and a lot depth of more than 145 feet, may be subdivided in one of the following ways:
i. Resulting lots shall have a street frontage that is at least 40% of the existing street frontage of the lot being subdivided. Lots shall have a side-by-side orientation
and shall not create a landlocked parcel; or
ii. One of the resulting lots shall be a flag lot with access to the street. The buildable area of the flag lot shall span the entire distance between the two side property
lines that intersect with the front property line of the lot being subdivided.
d. Existing interior lots or pie shaped lots with less than 60 feet of street frontage shall result in one flag lot with access to the street. The buildable area of the flag lot shall span the entire distance between the two side property lines that intersect with the front property line of the lot being subdivided.
e. Existing flag lot subdivision shall result in lots in the same orientation as the existing lot (i.e., the existing front lot line must be the front lot line of the future lots and the existing rear lot line shall be the rear lot line of the future lots) and that are between 40-60% of the lot width of the lot being subdivided.
f. Corner lots shall be subdivided in a manner that splits the existing street side property line to create at least one front lot line on that frontage.

2. Residential
Hillside
Zones (RHS)
a. Up to two new property lines may be added to create a new lot and shall follow the contours of the property.
251

b. Each resulting lot shall share one common driveway. If an existing driveway or curb cut exists, a new driveway or curb cut location shall not be approved.
c. If in an area where direct sanitary sewer connection is unavailable, a percolation test completed within the last five years, or if the percolation test has been recertified, within the last 10 years, must be provided.
d. Building pads shall be identified on the flattest portion of a lot, closest to an existing driveway. Where no driveway exists, building pads shall be identified on the flattest portion of the lot, closest to the access road unless doing so would result in a combined grading total greater than that required for siting elsewhere on the lot.
e. No new or expanded structures shall encroach upon any existing public or private utility easements.
f. A cumulative total of 1,250 cubic yards, cut plus fill (including grading for building pad, yard areas, driveway, all other areas requiring grading, and basements), except if the original lot that was subdivided has already performed prior grading, then the amount of grading that has
previously occurred shall be reduced from the maximum
grading quantity allowed cumulatively on the two
resulting lots.

4. Modify Section 18.20.170 (H):

H. Objective Subdivision Standards for Ministerially Approved Lot Splits. In addition to any applicable objective subdivision standards in this Title or the Subdivision Map Act and the requirements of Government Code Section 66411.7, a lot split approved pursuant to this Section must, to the maximum extent permissible under Government Code Section 66411.7, comply with the objective standards including but not limited to objective standards for urban lot splits set forth in Sections 18.20.180, 19.28.060, and 19.40.050.

Chapter 18.52

5. Add Section 18.52.030 (B) (4):

B. Lot Configuration.
252

4. In addition to the requirements of this Chapter, Hillside Subdivisions for two-lot subdivisions shall also apply the standards of Section 18.20.180.

Chapter 19.08

6. Update Section 19.08.030, “Bay Window” definition:
"Bay window" means a projecting window element that is not an extension of the floor area and does not incorporate any usable space for seating or other purposes.

Additionally, a bay or projecting window shall:
a. Be a projection of windows, not walls;
b. Be cantilevered no more than twenty-four inches, horizontally, from an exterior wall;
c. Be a minimum of twenty-four inches from the finished floor; d. Not create a projection of the floor;
e. Not occupy more than 50% of an interior wall face.

These limitations do not apply to bay windows which have been counted towards floor area and meet required setbacks.

7. Update Section 19.08.030, to add “Front Entry Porch” definition:
“Front Entry Porch” means outdoor steps, stairs, and/or a raised platform less than 50 square feet in area, located immediately adjacent to the primary entry of a building for the purpose of providing pedestrian access from the outdoor ground elevation to a building interior. If the platform portion of a front entry porch (not including steps) is more than 50 square feet or has a proportionately greater width than its height, the structure is considered a porch.

8. Update Section 19.08.030, “Lot” definition:
"Lot" means a parcel or portion of land separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for purpose of sale, lease or separate use.

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

2. “Flag lot” means a lot with a long, narrow portion of the lot, or parcel of land not otherwise meeting the requirement of this title for lot width that consists entirely 253

of and provides the sole means of vehicular connection between the buildable area of the lot and an abutting street.

3. “Interior lot” means a lot other than a corner lot or a flag lot.

4. “Key lot” means the first lot to the rear of a corner lot, the front line of which is a continuation of the side lot line of the corner lot, and fronting on th e street which intersects or intercepts the street on which the corner lot fronts.

5. "Pie-shaped lot" means an interior lot, that is not a flag lot, where the front lot line abuts a cul-de-sac, and a) is at least 20% shorter than the rear lot line or b) has five or more lot lines.

9. Update Section 19.08.030 to add “Porch” definition:
“Porch” means outdoor steps, stairs, and/or a raised platform, located immediately adjacent to an entrance to a residential structure for the purposes of providing pedestrian access from the outdoor ground elevation to a building interior and/or private, recreational open space. A porch differs from a front entry porch or a front entry feature, which has a proportionately greater height than its width and is less than 50 square feet in area.

10. Update Section 19.08.030, “Useable Rear Yard” definition:
"Usable rear yard" means that area bounded by the rear lot line(s) and the rear building line extended to the side lot lines. The side yard adjacent to a proposed minor addition (e.g., addition equaling ten percent or less of the principal structure) may be included in calculation of usable rear yard area.

11. Revise Appendix C of Chapter 19.08:

Appendix C: Cupertino Standard Detail 7-6 Sidewalk Sight Triangle (Sidewalk Clearance at Driveways).

Chapter 19.12

12. Update Section 19.12.020 (A):

A. In the A, A1, R-1 and RHS Zones, the following activities:

1. Conditional uses in accord with Chapter 19.20, Chapter 19.24, Chapter 19.28, and Chapter 19.40;

2. Removal of protected trees identified in Chapter 14.18;

3. Projects in R-1 zones identified in Section 19.28.040; 254

4. Height Exceptions identified in Section 19.24.050(B)(3);

5. Hillside Exceptions identified in Section 19.40.070, Section 19.40.050, and Chapter 19.48;

6. Parking Exceptions identified in Chapter 19.124;

7. Fence Exceptions identified in Chapter 19.48;

8. Variance to all other zoning regulations.
255

13. Update portions of Table 19.12.030:

Type of Permit or
DecisionA, B
Administr
ative
ReviewA,B
Arts and
Culture
Commissi
on
Planning
Commissi
on
City
Council
Public
Hearing/
Public
Meeting/
Comment
PeriodC
Noticing RadiusD Posted Site
Notice
Expir
ation
DateE
Chapter/
Findings
Development
Agreements - - R F PH CA. Govt. Code
65867 Yes - 19.144.110
Development Permits
Major F, H - - F/R A1/F PM 19.12.110/
300’
Yes 2 Years 19.156.040 Minor G F - A1 A2 PM Yes 2 Years Conditional Use Permits
MajorF, H, I F - A1/F/R A1/ A2/F PH CA. Govt. Code
65905 Yes 2 years 19.156.040
Hillside Exception/
Height Exception/
Heart of the City
Exception I
- - F A1 PH 19.12.110/300' Yes 2 years

19.40.080,

19.24.050,

19.136.090
Variance F - A1 A2 PH CA. Govt. Code
65905 Yes 2 years 19.156.050
Parking
Exceptions I F - FA1 A1/A2 Varies M

19.12.110/
Adjacent/
300' N
Yes 1 year 19.124.060
Protected Trees
Tree Removal F - A1 A2 CP Adjacent, unless
exempt
Yes, unless
exempt 1 year 14.18.110
256

14. Update footnote K of Table 19.12.030:

Minor Architectural and Site Approval application - single family home in a planned development zoning district; minor building architectural modifications; landscaping, signs or lighting for new development; permanent supportive housing with up to 6 units subject to by-right processing as required by Government Code Section 65650 et seq.; redevelopment or modification in such zones where review is required; and minor modifications of duplex and multi-family buildings.

15. Update Section 19.12.110 (D) (1):

D. Notice of Comment Period: For projects requiring notice of a comment period, notice shall be mailed in accordance with 19.12.110A(2) and A(3), fourteen calendar days prior to the date of action on the application.

1. For permits issued pursuant to Chapter 19.28, Single Family Residential, the mailed notice shall include a copy of the site plan and elevation plans of the proposed project, unless plans contain protected information, as defined by California Government Code Section 65103.5.

Chapter 19.16

16. Update Section 19.16.060:

Whenever it is found that a lot or site is divided by a boundary between districts, the provisions of the zoning regulations applicable within each district shall apply only to the portion of this site situated in each separate district.

Chapter 19.28

17. Update Section 19.28.060:

257

R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
A. Minimum net lot area1
i. 5,000 square feet ii. the number multiplied by 1,000 square feet iii.10,000 square feet
iv. For lots created under the provisions of Government Code Section 64411.7, each of the resulting lots shall have a lot area of at least 40% of the original lot being subdivided, with no lots less than 1,200 square feet.

B. Minimum lot width (at
the front setback line) i. 50 feet ii. 60 feet iii. 75 feet C. Landscaping
i. See Chapter 14.15, Landscape Ordinance
ii. At least 50% of the front yard of any project
approved pursuant to Chapter 19.28.150 shall be
occupied by non-hardscape landscaping
iii. Landscaping plans are required for all
additions or new homes. The purpose of
the landscaping is to beautify the
property and to achieve partial screening
of building forms from the street and
adjacent properties. Generally, the
landscaping may include shrubbery,
hedges, trees, or lattice with vines on
fences
iv. At least 50% of the front yard of any
project approved pursuant to Chapter

19.28.150 shall be occupied by non-
hardscape landscaping
D. Development proposed on building pads/graded area with slopes equal to or greater than 20%

1. Total site grading (cut
plus fill)2,3
i. 2,500 cubic yards maximum.
ii. Projects that exceed the maximum quantity shall require Architectural and Site Approval per Section 19.28.040(G).
iii. Total site grading shall be limited to 2,500 cubic yards for the entire site as calculated prior to subdivision.
258

R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
Flat yard area created by grading areas that are sloped more than 10% shall be limited to 2,500 square feet, not including the driveway, as calculated prior to any subdivision.

2. Fences See Chapter 19.48, Fence Ordinance
E. Development on properties with an average slope greater than 10% shall comply with Sections 19.40.050 (F), (G), and (I) and Sections 19.40.060(E), (H), (I) and (J).

F. Development (structures, improvements, or grading)

1. On actual slopes ≥ 30%
i. Limited to 500 square feet and subject to the requirements of Sections 19.40.050 (F), (G), and (I) and Sections 19.40.060 (E), (H), (I) and (J).
ii. Development greater than 500 square feet shall be subject to a Hillside Exception by the Planning Commission in accordance with section 19.40.080 of the RHS Ordinance. iii. In all cases, the following shall apply:
a. Change in grade elevation shall be limited to the minimum extent necessary to ensure adequate drainage and access as demonstrated by a grading and drainage plan prepared by a registered civil engineer.
b. Split level designs shall be used to avoid additional change in grade elevation. c. Unless otherwise required by the City Engineer, spoils shall be balanced on site and shall match the existing grading and drainage pattern of the site. d. Unless required by the City Engineer, development shall not result in a finished floor more than 36 inches above finished grade.

G. On-site improvements

All properties shall provide a 4.5 foot wide pathway, a 4.5 foot wide planting strip, curb and gutter, curb cut, AC pavement, and underground utilities at the street as follows:

1. Detached pathway when a property on either side of the subject property has a detached pathway;

2. Monolithic pathway when a property on either side of the subject property has a monolithic pathway

3. When properties on either side of the subject property do not have a pathway, a pathway that matches the pre-dominant pattern of pathways on the street, as determined by the City 259

R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
Engineer, shall be provided, unless the subject property has a “semi-rural” designation adopted by City Council resolution.

4. The City Engineer shall adopt any objective standard necessary to implement the requirements of this paragraph.

H. Curb Cuts

1. For interior lots with a street frontage of 35 feet or less, no more than a one-car-wide curb cut shall be permitted. A distance of at least 22 feet shall be provided between two, one-car-wide curb cuts, else, a shared driveway with no more than a two-car curb cut, may be provided.

2. Unless subject to subsection (3) below, for interior or pie shaped lots with a street frontage of more than 35 feet: a maximum of a two-car curb cut is permitted provided a distance of at least 22 feet is provided between existing and proposed driveway flares, else the curb cut shall be limited to a one-car curb cut.

3. When a subdivision results in a flag lot, the two resulting lots shall share vehicular access off of the access area of the resulting flag lot, unless one of the lots is an interior lot with at least 50 feet of street frontage. A maximum two-car curb cut is permitted at the right-of way. No other curb cuts shall be permitted.

4. Where a shared driveway (not through a flag lot) is proposed:
i. No additional curb cuts shall be permitted.
ii. 50% of the width of the shared driveway curb cut shall be on each property. iii. A maximum two-car curb cut shall be permitted.

5. On lots where an existing residence is retained on the site of a subdivision, an existing curb cut of not more than 18 feet in width may remain when providing exclusive access to the existing residence.

6. A maximum 18’ wide car curb cut is allowed when a two-car curb cut is permitted.

7. A maximum 12’ wide curb cut is allowed when a one-car curb cut is permitted.

I. Driveways

1. When a subdivision results in a flag lot, the access area shall be a minimum of 20 feet and a maximum of 25 feet in width, comprising a minimum 16-foot drive aisle and a minimum 2-foot- wide landscaping planter on either side.
260

R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a

2. Where shared driveway access through a flag lot is required and would provide access to new development, the driveway access for the front lot shall be located in the rear 50% of the property.

3. A one-car driveway shall be a minimum of 10 feet in width and a maximum of 12 feet in width.

4. A two-car driveway shall be a maximum of 20 feet in width. Any third or more driveway spaces shall be in tandem.

5. Subparagraphs 3 and 4 do not apply to the flag lot access area.

6. When shared access is proposed, a covenant, necessary for appropriate ingress and egress easements, shall be recorded prior to final parcel map recordation.

7. A maintenance agreement shall be recorded to ensure shared maintenance of any shared access easements, stormwater treatment, landscaping, and private utilities, prior to final parcel map recordation.

J. Easement and Covenants

1. Utility easements shall be recorded prior to final parcel map recordation.

2. A covenant necessary for maintenance of stormwater treatment facilities shall be recorded prior to final map recordation.

K. Public Improvements
If no dedication was required for the creation of a lot, any future development project shall include a dedication to accommodate the predominant public right-of-way, as determined by the City Engineer, abutting the corresponding lot line and frontage improvements, including curb, gutter and sidewalk, which shall be installed by the applicant at his or her expense.

L. Private Open Space
Each unit must provide at least 15% of the unit floor area as private open space on the first floor, with no dimension less than 10 feet. Private open space shall not be located in the required front yard setback area.

Notes:

1. Lots, which contain less area than required by its zoning designation, but not less than 5,000 square feet, may nevertheless be used as building sites, provided that all other applicable requirements of this title are fulfilled.

2. Maximum grading quantity includes grading for the building pad, yard areas, driveway, and all other areas requiring grading, but does not include basements. The graded area shall be limited to the building pad area to the greatest extent 261

R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
possible. Grading quantities for multiple driveways are divided equally among the participating lots, e.g. two lots sharing a driveway will divide the driveway grading quantity in half. The divided share will be charged against the grading quantity allowed for that lot development.

3. All cut and fill areas shall be rounded to follow the natural contours and planted with landscaping that meets the following requirements:
i. A landscape plan shall be prepared that addresses measures to prevent soil erosion and to screen cut and fill slopes. ii. A tree planting plan shall be prepared for the site which will screen grading areas, and residential structures, to the greatest possible extent, as well as to reintroduce trees on barren slopes which were denuded by prior agricultural activities. iii. Landscape improvements shall meet the requirements as established in the Landscape Ordinance, Chapter 14.15. iv. Landscape improvements shall be installed prior to final occupancy unless such installation is impracticable, in which case, the applicant shall post a bond, cash, or other security to ensure installation within an 18-month period from occupancy. All such landscape areas shall be properly maintained.

(Continued on next page)

262

18. Update Section 19.28.070 (B), 19.28.070 (I), and 19.28.070 (J) (3) and add Section

19.28.070 (L) and 19.28.070 (M):

B. Maximum Floor
Area Ratio

1. 45% of the net lot area, however, a housing development project on a lot having a slope 30% or greater shall not exceed the floor area allowed under Chapter 19.40.
--- --- ---
I. Basements

1. Number,
size, and
volume of
lightwells
a. Shall be the minimum required by the California Residential Building Code for egress, light, and ventilation, unless the basement area is counted towards floor area, except that in the case of a single-story house with a basement, one lightwell may be up to 10 feet wide and 10 feet long.

2. Minimum setback for lightwell retaining walls and basements a. a. Front Yard Same as underlying zoning district
b. Side yard 5 feet
c. Rear yard 10 feet

3. Lightwell
railings
Maximum height of three feet, six inches. The railing shall be located immediately adjacent to the lightwell.

4. Lightwell
screening
Lightwells that are visible from a public street shall be screened by landscaping.

5. Root barrier
measures
The perimeter of all basements and lightwells shall be treated and/or reinforced with the most effective root barrier measures as determined by an ISA certified Arborist in conjunction with recommendations from a certified Structural Engineer.
--- --- ---

3. First Floor and
Second Floor
Building
Envelopes
a. The maximum exterior wall height and building height on single-story structures and single-story sections of two-story structures must fit into the building envelope defined by:
i. A 10-foot-high vertical line from natural grade measured at the property line; and
ii. A 25-degree roof line angle projected inward at the 10-foot- high line referenced above.
263

b. Notwithstanding the building envelope, a gable end of a roof enclosing an attic space may have a maximum wall height of 17 feet to the peak of the roof as measured from natural grade, or up to 20 feet with a Minor Residential permit subject to Chapter 19.12.
c. Second-story building envelope: All the maximum exterior wall height and building height on two-story sections of two- story structures must fit into the building envelope defined by:
i. A 16-foot-high vertical line from natural grade measured at the property line; and
ii. A 25-degree roof line angle projected inward at the 16-foot- high line referenced above.
--- --- ---
L. Refuse,
recycling, and
other containers

1. A minimum 8-foot by 3-foot space per unit, not visible from the street, shall be provided in an interior yard behind a fence.

2. This area shall not be concurrent with any emergency access pathway required by the Fire Department.

M. Outdoor
Lighting 1. Shall comply with the requirements of Chapter 19.102.

19. Update Section 19.28.070 (C):

C. Maximum
second to first
floor ratio

1. No limit, see Section 19.28.040(D)(1) for permitting requirements. Homes subject to design review shall comply with the design review principles in Section 19.28.110(C).

20. Update Section 19.28.070 (E) (3) (a) (i):

i. May be reduced to 10 feet, with a Minor Residential Permit, subject to Chapter

19.12, if, after the reduction, the usable rear yard area is not less than 20 times the lot width as measured from the front setback line.

21. Update Section 19.28.070 (F) (2) (a) (i) and 19.28.070 (F) (2) (b) (i):

2. Side yard
a. Interior
Lot 25 feet combined (no side yard setback shall be less than 10 feet) 264

i. See Section 19.28.040(D)(2) for permitting requirements. Homes subject to design review shall comply with the design review principles in Section 19.28.110(C).
b. Corner lot 25 feet combined side yard setback (no side yard setback shall be less than 10 feet)

i. Interior
Side
10 feet but not less than 20 feet from the rear property line of an adjacent single-family dwelling
A. See Section 19.28.040(D)(2) for permitting requirements. Homes subject to design review shall comply with the design review principles in Section 19.28.110(C).

22. Revise language in Table 19.28.090 (C):

C. Maximum second to
first floor area ratio

1. 40% of the existing or proposed first floor area or 750 square feet, whichever is greater, except as follows:
a. In no case shall a second floor be more than 1,100
square feet in area.

23. Update Table 19.28.090 (J) (3):

3. Entry feature
height
See Single-Family Residential Design Guidelines, Section

19.28.110(A)(7)

24. Add Section 19.28.090 (M) and (N):

M. Refuse,
recycling, and
other containers

1. A minimum of an 8-foot by 3-foot space per unit, not visible from the street, shall be provided in an interior yard, behind a fence.

2. This area shall not be concurrent with any emergency access pathway required by the Fire Department.

N. Outdoor
Lighting 1. Shall comply with the requirements of Chapter 19.102.

25. Update Section 19.28.110 (A):

Any new single-family residential house or addition to an existing house shall be consistent with the adopted single-family residential guidelines in Sections

19.28.110(A) and (B).

A. Single-Family Residential Design Standards for all projects.1, 2 265

1. There shall not be a three-car wide driveway curb cut.

2. No more than fifty percent of the front elevation of a house shall consist of garage area, unless doing so would result in an area that could not accommodate the minimum required setbacks and enclosed parking area. a. The maximum width of a garage on the front elevation shall be twenty-five feet, which will accommodate a two-car garage. Additional garage spaces shall be provided through the use of a tandem garage or a detached accessory structure at the rear of the property.2

3. Usable living area, not including any architectural feature, porch, or patio, shall be a minimum of two feet closer to the street than the garage, unless a side entering garage with curved driveway is provided or the lot is not wide enough to accommodate living area adjacent to the garage.

4. All roofs shall have at least a one-foot overhang.

5. Air conditioning units and similar mechanical equipment such as generators, sump pumps, heating, and ventilation equipment should be ground-mounted and screened from public view, or underground, and shall meet accessory structure setbacks and adhere to the requirements of Chapter 10.48 of the Municipal Code. Mechanical, heating, or cooling equipment or associated piping installed on the roof shall be screened from the public right away, except in R1-e zones where roof top equipment is not allowed.

6. A porch, patio, or other front entry feature is required. a. The feature shall be oriented to face the street and shall include a front entry door also oriented to face the street.
b. If duplexes are proposed on corner lots, the entrances to the two units shall be on different street frontages, except that if the corner lot fronts a major collector, both the entrances may be located on the minor collector or neighborhood street.
c. If a front porch (not a front entry feature) is proposed, the porch shall be proportionately greater in width than in height.
d. Porches, patios, and other entry features shall have detailing that emphasizes the base and have caps for posts and fence elements of the feature.
e. In the R1-a zone, the following porch design guidelines shall also apply2:
i. Structural supports shall be designed such that the appearance is not obtrusive or massive.
ii. The use of large columns or pillars is discouraged. 266

iii. The eave height for a front entry porch shall not be significantly taller than the eave height of typical single-story elements in the neighborhood.
f. In R1-6e and R1-a zones, entry features shall not be higher than fourteen feet from natural grade to plate.2

7. Garage doors for no more than two car spaces shall be visible from the public right of way.

8. All garage doors shall be recessed a minimum of six (6) inches from the surrounding building wall and shall include trim of at least one and a half (1.5) inches in depth.

9. Where the garage faces the side yard, but is visible from the street, the garage shall incorporate a window on the street front facade so that it appears to be a habitable portion of the house. The window style must be the same as the windows on the habitable dwelling unit(s).

10. Exterior and/or uncovered stair access shall not be allowed to the second floor.

11. Except in R1-e zones, the elevation facing a street shall incorporate at least four architectural features, such as bay windows or an entry feature, and/or elements of architectural interest, such as wall insets or offsets, planters, railings, trellises, a combination of roofing elements (e.g., hip and gable roofs), dormers, change in architectural materials, quoins, accent tiles, or a prominent accent window inset greater than six inches. Windowsills, door or window trim, and roofing materials do not count as one of the features.

12. Gable ends and Dutch gable ends taller than thirty inches shall include at least one element of architectural interest such as:
 a wall offset with corbels, brackets, or change in materials;  louvered wood or metal vents;
 clay of terracotta tile vents;
 accent tile decoration;
 medallion decoration;
 metal grille;
 a change in architectural materials;
 incorporation of corbels;
 decorative gable pediments;
 eyebrow trellises or pergola structurally attached to the building; or  windows/glazing.
267

13. Stone veneer or accent materials used as a wainscot on a street facing façade shall be wrapped around to the side façade and end at a logical terminus, such as a fence line or a chimney or at an interior corner. Stone veneer or any other siding material wrapped on columns shall terminate at the floor or ground, as applicable.

26. Update Section 19.28.120:

To mitigate privacy impacts and the visual mass and bulk of new two-story homes and additions, tree and/or shrub planting is required. The intent of this section is to provide substantial screening of views into neighboring residential side or rear yards within three years of planting, in order to protect the privacy of adjoining properties.

27. Update Section 19.28.120 (A):

A. Applicability. These requirements shall apply to new two-story homes, second- story decks, two-story additions, modifications to the existing second-story decks and/or new windows on existing two-story homes that increase privacy impacts on neighboring residents.

1. These requirements shall not apply to:
a. Skylights;
b. Windows with sills more than five feet above the finished second floor; c. Obscured, non-openable windows;
d. Windows with permanent exterior louvers to a height of five feet above the second floor;
e. Non-operable windows with obscure glass to a height of five feet above the second floor;
f. Windows which do not have views into a neighboring side or rear yard or that face a street or a non-residential zoning district; and g. When waivers have been obtained from all affected property owners.

28. Update Section 19.28.120 (C) (1) and (2):

1. Front Yard Tree Planting.
a. The tree shall be twenty-four-inch box or larger low to moderate water using tree that typically grows to a mature height of more than 30 feet, planted at a 268

minimum height of six feet, as measured from adjacent grade. California native trees are preferred.
b. The tree shall be planted in front of new second stories in the center 50% of the front yard setback area.
i. In the R1-a zone, the tree shall be placed to where views from second story windows across the street are partially mitigated. c. The Director of Community Development may waive the front yard tree or allow the tree to be planted outside of the center 50% of the front yard setback area based on a report from an internationally-certified arborist citing unavoidable conflict with existing mature tree canopies onsite or in the public right-of-way.
d. An existing mature tree in the front yard that is or can typically grow to a height of 30 feet or more and is located in the center 50% of the front yard can be used as the front yard tree, subject to an ISA certified arborist certifying that the tree is in good health.
e. A covenant shall be recorded to identify the front yard tree as a Protected Tree and notifying current and future property owners to retain and maintain the tree in good health.

2. Privacy Planting.
a. New trees and/or shrubs are required on the applicant's property in an area bounded by a thirty-degree angle on each side window jamb and a 180- degree angle from each corner of a balcony or second story deck, modified by the angle created between the furthest corner of the balcony or deck and the corresponding corner of the second story portion of the structure, as shown in the City’s Privacy Protection Requirements Handout.
b. The following is required for all side and rear yard-facing second story windows in the R1-6e zone:
i. Cover windows with exterior louvers to a height of five feet above the second floor; or
ii. Obscure glass to a height of five feet above the second floor; or iii. Have a windowsill height of five feet minimum above the finished second floor.
c. The Planning Division shall maintain a list of allowed privacy planting trees and shrubs. The list includes allowed plant species, minimum size of trees and shrubs, expected canopy or spread size, and planting distance between trees.
269

i. In the R1-a zone, the minimum height of privacy trees at the time of planting shall be twelve feet.
ii. In the R1-a zone, privacy planting shall have a minimum setback from the property line equivalent to one-quarter of the spread noted on the City list.
d. The trees and/or shrubs shall be planted prior to issuance of a final occupancy permit.
e. Windows or other openings in the wall with a side yard setback less than 10 feet or a rear yard setback of less than 25 feet shall have a minimum windowsill height of more than five feet or shall have obscure glass and be inoperable with a fixed pane(s).
f. The minimum planter width required for privacy planting shall be three feet.

Emergency access paths shall not be concurrent with areas designated as privacy planting planters.
270

29. Update Section 19.28.150:

E. Objective Zoning and Design Standards for Ministerially Approved Housing Development Projects in the R-1 District. In addition to any applicable objective zoning standards, objective subdivision standards, and objective design review standards in the Municipal Code, a housing development project approved pursuant to this Section must comply with all applicable objective zoning and design standards to the maximum extent permissible under Government Code Section 65852.21, including but not limited to the following standards for ministerial development projects:

1. Development Standards (Gov.

Code, § 65852.21)
a. Units shall not exceed 800 square feet per unit and shall comply with Paragraph B, above.; or b. Units exceeding 800 square feet may be permissible if compliant with the following:
i. Cumulative Floor Area Ratio and Lot Coverage of the applicable zoning district (i.e. R1, R1-a, R1-e, or R1-i); and
ii. The requirements of Paragraph B; and
iii. Subparagraphs 2 through 16 of this Paragraph.
c. If the site has been occupied by a tenant in the last three years, no alteration or demolition of an existing unit shall occur.

2. Second to First Floor Area
Ratio:
a. The ratio of the second story to first story floor area shall not exceed 66% in all R1 zoning districts except the R1-a district.
b. In the R1-a zoning district: See Section 19.28.090 (C).

3. Interior Areas a. See Section 19.28.070 (D)

4. Setbacks:
a. Minimum first-story front setback is 20 feet, unless otherwise required in a tract map or zoning map except that:
i. In the R1-a zoning district, the required minimum setback is 30 feet. b. Minimum second-story front setback is 25 feet except that:
i. In the R1-a zoning district, the required minimum setback is 30 feet. c. Minimum first- and second-story side and rear setbacks shall be four feet each; provided, however, that:
271

i. No setbacks shall be required for an existing structure or for a structure constructed in the same location and to the same dimensions as an existing structure. ii. No new or expanded structures shall encroach upon any existing public or private utility easements.
iii. No setback shall be required from a shared new side lot line between the two new lots created pursuant to an Urban Lot Split under Government Code Section 66411.7 when:

1. More than one new primary dwelling unit is approved concurrently with an Urban Lot Split; and

2. Units with a zero-foot setback are developed concurrently; and

3. All other side yard setbacks are a minimum of five feet on the first story and 10 feet on the second story; and

4. The entirety of wall faces along the shared property line are structurally attached; and

5. Structures along the new shared property line are no more than zero feet or less than four feet.
iv. The required building envelope shall not apply to the portions of structures with a zero- foot setback.
d. Corner Triangle: No portion of a structure shall be located within a corner triangle, provided that in no case shall a side yard setback of more than four feet be required. e. Detached structures: Detached structures located on the same lot shall have a setback of five feet as measured between the eaves of the two structures.

5. Maximum height:
a. Principal Dwelling units are limited to 28 feet in height and no more than two stories except that:
i. In R-1 Zoning Districts with “i" suffix, buildings shall be limited to one story (not to exceed 18 feet).
b. First-story building envelope: See Section 19.28.070 (J) (3). i. Second-story building envelope: See Section 19.28.070 (J) (3). 272

c. Notwithstanding subsections (b) and (c) above, portions of the structures developed utilizing the provisions of subsection (4)(c) above, do not have to meet the first story or second story building envelope requirements.

6. Basements: Allowed, subject to the requirements outlined in Section 19.28.070 (I).

7. Landscaping and Privacy
Protection:
a. Landscaping: All proposed landscaping shall meet the requirements of Chapter 14.15 of the Municipal Code.
b. Front Yard Tree Required: Shall be provided in the same manner as required pursuant to Section 19.28.120.
c. Privacy Protection Planting: shall be provided in the same manner as required pursuant to Section 19.28.120.

8. Private open space: See Section 19.28.110 (A) (12).

9. Permitted yard encroachments:
a. Front entry features may encroach into a required front yard setback up to three feet. b. Architectural features may extend into a required yard a distance not exceeding three feet. c. No architectural feature, or combination thereof, whether a portion of a principal or accessory structure, may extend closer than three feet to any property line.

10. Second story decks, balconies,
or similar features Minor Residential Permit required consistent with Section 19.28.070 G.

11. Design Standards: a. See Sections 19.28.060, 19.28.070, and 19.28.110 (A).

12. Accessory buildings/structure:
a. Allowed pursuant to the requirements of Chapter 19.100, except that Accessory Dwelling units or Junior Accessory Dwelling units shall not be permitted on any lot in the R-1 zoning district if a lot split has been approved pursuant to Section 18.12.170 and one or more unit(s) has been approved for construction pursuant to this Section on each resulting lot.

13. Refuse, recycling, and other
containers
See Section 19.28.070 (L) and 19.28.090 (M).

14. Parking a. Units shall have at least one off-street parking space, except that parking requirements shall not be imposed in either of the following instances:
273

i. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Public Resources Code Section 21155(b) Code, or of a major transit stop, as defined in Public Resources Code Section 21064.3. ii. There is a car share vehicle located within one block of the parcel. b. Each parking space shall be provided in an enclosed garage encompassing a 10’ by 20’ space, unobstructed (i.e., by walls, appliances, etc.) between six inches from finished floor up to six feet from finished floor.
c. When additional enclosed parking space(s) is/are provided, the space(s) shall meet the requirements of Chapter 19.124.

15. Driveway and curb cuts: Subject to the requirements of Sections 19.28.070 (G) and 19.28.070 (H).

16. Short Term Rentals Prohibited: No residential unit created pursuant to this Section may be rented for a term of 30 days or less. 274

Chapter 19.36

30. Update Table 19.36.070 (C) (3):

Projects with up to four units Projects with five or more units

3. Rear-
yard
20 feet or 20% of
the lot depth,
whichever is
greater. Main
building may
encroach as close
as 10 feet to rear
lot line if
a usable rear-yard
setback area of
not less than
twenty times the
width of the lot is
maintained.
20 feet or 20% of
the lot depth,
whichever is
greater.
20 feet or 20% of
the lot depth,
whichever is
greater. Main
building may
encroach as close
as 10 feet to rear
lot line if
a usable rear-yard
setback area of not
less than twenty
times the width of
the lot is
maintained.
20 feet or 20% of
the lot depth,
whichever is
greater.

Additional 10 feet
for floors more
than one story
higher than any
adjacent primary
residential
structures.

31. Edit Table 19.36.070 (G):

G. Corner Triangle and Sidewalk
Sight Triangle
Shall remain free and clear of all buildings or
portions thereof
Chapter 19.38

32. Edit Table 19.38.070 (F):

Chapter 19.40

33. Update Section 19.40.040 (A):

A. Site Plans that show topographical information at contour intervals not to exceed ten feet and a horizontal map scale of one inch = two hundred feet or larger and identify all areas with slopes of thirty percent or more.

34. Update Section 19.40.050 (B) (5), 19.40.050 (E) (1), 19.40.050 (F) (1) and (2), and

19.40.050 (I) through (K):

F. Corner Triangle and Sidewalk Sight
Triangle
Shall remain free and clear of all buildings or
portions thereof.
275

B. Minimum Lot Area

5. Lots created and/or
developed pursuant to
Government Code
Section 64411.7 and
65852.21
a. Each resulting lot shall be at least 40% of the size of the original lot being split.
b. No side or rear setbacks shall be required for an existing structure or for a structure constructed in the same
location and to the same dimensions as an existing
structure.
--- --- ---
E. Site Grading

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

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

Excludes: basements
b. All cut and fill shall be rounded to contour with natural contours and planted with landscaping which meets the
requirements in Section 19.40.050 F.
c. In all cases, the following shall apply:
i. Changes in grade elevation shall be limited to the
minimum extent necessary to ensure adequate drainage
and access as demonstrated by a grading and drainage
plan prepared by a registered civil engineer.
ii. Split level designs shall be used to avoid additional changes in grade elevation.
iii. Unless otherwise required by the City Engineer, spoils shall be balanced on site and shall match the existing
grading and drainage pattern of the site.
iv. Unless required by the City Engineer, development shall not result in a finished floor more than 36 inches above finished grade.

2. Graded Area
a. Shall be limited to within 50 feet of the building pad area, unless additional grading is required for emergency access, as determined by the Fire Department, or for utilities, as determined by the applicable service provider or the City Engineer.

3. Common
Driveways
Grading quantities shall be divided equally among the
participating lots.
276

E.g., two lots sharing a driveway shall divide the driveway grading quantity in half. The divided share will be charged against the grading quantity allowed for that lot development.

4. Flat Yard Area
a. Limited to a maximum of 2,500 square feet, excluding driveways.
b. For a two-lot subdivision, limited to a maximum of 1,250 square feet per lot, excluding driveways, except as further limited by subsection (I).

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

F. Landscaping

1. Tree Planting Plan
Shall be prepared by a licensed landscape architect to:
a. Screen the residential structures to the greatest possible extent from the following prominent intersections.

No more than 50% of the visible wall face surface area shall be visible from the following prominent intersections:
i. Foothill Boulevard and Cristo Rey Drive
ii. Foothill Boulevard and Alpine Way
iii. Bellevue and Carmen Road
iv. Linda Vista Drive and Hyannisport Ave
v. Hyannisport Ave and Bubb Road
vi. Rainbow Ave and Weymoth Drive.

A visual simulation from each of the intersections above shall be provided to indicate compliance.

2. Landscape
Requirements
a. Reintroduce trees on barren slopes which were denuded by prior agricultural activities.
b. Must comply with Chapter 14.15, Landscaping Ordinance and Wildland Urban Interface Fire Area (WUIFA) requirements. c. At least 50% of the front yard area shall be landscaped (i.e., not hardscaped)
--- --- ---
I. Development on
Slopes of ≥ 30%
a. Hillside Exception required for all grading, structures, and other development > 500 square feet.
b. If the lots developed or created pursuant to Government Code Sections 64411.7 and 65852.21 have no areas with
277

slopes less than 30% that can accommodate up to two units of 800 square feet each, grading for building pads for
structures is limited to 800 square feet.

J. Trail Linkages and
Lots Adjoining Public
Open Spaces Site Plan
a. Site plan must identify trail linkages as shown in the General Plan Trail Plan, on and adjacent to the site.
b. If a trail linkage is identified across a property being developed, development shall not take place within that area unless approved through the exception process.
c. For lots adjoining Public Open Spaces, driveways and buildings shall be located as far as feasible from the Public Open Space and designed in a manner to minimize impacts on the Public Open Space.

K. Views and Privacy
It is not the responsibility of City Government to ensure the privacy protection of the building permit applicant or owners of surrounding properties that may be affected by the structure under construction. However, the Director of Community
Development may confer with the building permit applicant to discuss alternate means of preventing privacy intrusion and preserving views.

35. Update Table 19.40.060 (A):

A. Floor Area Ratio (FAR)

1. Maximum
Allowable
Development
a. Except as otherwise provided herein, a ministerially approved housing development project approved pursuant to this
Section shall not exceed 800 square feet per unit.
b. Notwithstanding Paragraph (a), a ministerially approved housing development approved pursuant to this Section may have a floor area as calculated in subsection (c) below, if it complies with the requirements of this Section; provided, however, that if the housing development is on a parcel created by a ministerial lot split under Chapter 18.20.170, the maximum allowable floor area for the original lot shall be allocated to each resulting lot equal to the proportionate size of each resulting lot to the original lot.
c. For projects not subject to ministerial approval under Paragraph (a) or (b), maximum allowable development shall be the lesser of:
i. 6,500 square feet; or
278

ii. For lots with a net lot area of less than 10,000 square feet, 45% of the net lot area times the slope adjustment factor pursuant to Section 19.40.060(A)(2)*; or
*Formula = (0.45 x Net lot area) x (Slope adjustment
factor)
iii. For lots with a net lot area of greater than or equal to 10,000 square feet, 4,500 square feet plus 59.59 square feet for every 1,000 square feet over 10,000 square of net lot area, times the slope adjustment factor pursuant to Section 19.40.060(A)(2)**
**Formula = ((4,500 + ((Net Lot Area - 10000)/1000))
(59.59)) x (Slope Adjustment Factor)

36. Update Table 19.40.060 (A) (2) (c):
c. Average slope >
30%
Allowable floor area shall be reduced by a constant
30%
Slope adjustment factor=(1- 0.3) = 0.7
>30% 30.00%

37. Update Sections 19.40.060 (D), 19.40.060 (F) (1), 19.40.060 (H), and 19.40.060 (L):

D. Second and Third Story Decks and Balconies Minimum Setbacks

1. Front Yard - 17 feet 17 feet

2. Side Yard - 15 feet 15 feet

3. Rear Yard - 20 feet 20 feet
--- --- ---
F. Permitted Yard Encroachments

1. Extension of a
Legal Non-
conforming Wall
Plane for
structures not
located within a
prominent
ridgeline site
line
a. Where a building legally constructed according to existing first floor yard and setback regulations at the time of construction encroaches upon present required first floor setbacks, one encroaching side of the existing structure may be extended along existing building lines.
b. Only one such extension shall be permitted for the life of the building.
c. Encroachments into a required yard which are the result of the granting of a variance may not be further extended.
d. Further encroachment into a required setback is not allowed; i.e., a non-conforming setback may not be further reduced.
279

e. In no case shall any wall plane of a first-story addition be placed closer than three feet to any property line.
--- --- ---
H. Design Standards

1. Building and
Roof Forms
a. Natural Contours
Building shall follow as closely as
possible the primary natural contour
of the lot.
b. Building Mass and Roof
Pitches
The main building mass shall be on
the upslope side of the building and
the roof pitches shall trend
downslope.
c. Second Story Dormers
Permitted within the second story
setbacks as long as they are minor in
shape and size.
d. Downhill Elevation of main
structure
Shall have a minimum of four offset
building and roof elements to
provide varied building forms to
produce shadow patterns which
reduce the impact of visual mass.
e. High Wall Planes
Wall planes exceeding one story or
20 feet in height, whichever is more
restrictive, shall contain
architectural elements in order to
provide relief and to break up
expansive wall planes.
f. Roof Overhangs
Roof overhangs or building eaves
shall be a minimum of 12 inches in
width

2. Colors a. Natural Earth Tones
All structures on the lot shall use
natural earth tone and/or vegetation
colors which complement the
natural surroundings. Natural earth-
tone and vegetation colors include
natural hues of brown, green and
shades of gray.
b. Reflectivity Value Shall not exceed 60 on a flat surface 280

3. Outdoor
Lighting All outdoor lighting shall meet the requirements in Chapter 19.102.

4. Garages
All projects shall strive to attain, except that ministerially approved projects shall attain, the following standards:
a. No more than 50% of the façade visible from the right of way shall comprise the garage.
b. A two car garage face shall not exceed 24 feet in width and a one car garage face shall not exceed 12 feet in width.
c. Garages visible from the right of way shall be setback a minimum of two feet from the livable areas of the home except if only the garage and/or the entrance to the home, and no other livable portions of the home, are accessible from the street level.
d. Third car spaces shall be provided in tandem or shall be provided in a detached accessory structure.
e. All garage doors shall be recessed a minimum of six (6) inches from the surrounding building wall and shall include trim of at least one and a half (1.5) inches in depth.
f. Where the garage door faces the side yard, but the garage itself is visible from the street, the garage shall incorporate a window on the street front facade so that it appears to be a habitable portion of the house. The window style must be the same as the windows on the habitable dwelling unit(s).
g. Garage doors for no more than two car spaces shall be visible from the public right of way.

5. Entry Features
All projects shall strive to attain, except that ministerially approved projects shall attain, the following standards:
a. Only one entry feature shall be permitted per structure and only one entry feature shall be visible from the public street. b. Duplexes shall have entrances to each unit on different building frontages.
c. Entry features shall be limited to 14 feet in height from the natural grade to the top of wall plate.

6. Uncovered/
exterior
staircases
Not allowed.
281

7. Basements Allowed, subject to the requirements outlined in Section 19.28.070 (I).

8. Architectural
Features
The elevation facing a street shall incorporate at least four architectural features, such as bay windows or an entry feature, and/or elements of architectural interest, such as wall insets or offsets, planters, railings, trellises, a combination of roofing elements (e.g. hip and gable roofs), dormers, change in architectural materials, quoins, accent tiles, or an accent window inset greater than six inches.

Windowsills, door or window trim, and roofing materials do not count as one of the features.

9. Gable and
Dutch Gable
Ends
Gable ends and Dutch gable ends taller than thirty inches shall include at least one element of architectural interest such as:
 a wall offset with corbels, brackets or change in materials;  louvered wood or metal vents;
 clay or terracotta tile vents;
 accent tile decoration;
 medallion decoration;
 metal grille;
 a change in architectural materials;
 incorporations of corbels;
 decorative gable pediments;
 eyebrow trellises or pergola structurally attached to the building or
 windows/glazing.

10. Accent
Materials
a. Stone veneer or accent materials used as a wainscot on a street facing façade shall be wrapped around to the side façade and end at a logical terminus, such as a fence line or a chimney.
b. Stone veneer or any other siding material wrapped on columns shall terminate at the floor or ground, as applicable.

12. Private
Open Space
Each unit must provide at least 15% of the unit floor area as private open space on the first floor, with no dimension less than 10 feet.

13. Refuse,
recycling,
and other
containers
a. A minimum of an 8 foot by 3 foot space per unit, not visible from the street, shall be provided in an interior yard, behind a fence. b. This area shall not be concurrent with any emergency access pathway required by the Fire Department.
--- --- ---
282

L. Off-street
Improvements
Upon development of any newly subdivided lot, appropriate public right of way dedications shall be made to accommodate the predominant width of the street and street improvements shall be installed to the Public Works Departments standards.

38. Update Section 19.40.090:

Objective Zoning and Design Standards for Ministerially Approved Housing Development Projects. In addition to any applicable objective zoning standards, objective subdivision standards, and objective design review standards in the Municipal Code, a housing development project approved pursuant to this Section must comply with all applicable objective zoning and design standards to the maximum extent permissible under Government Code Section 65852.21, including but not limited to the standards for ministerial development projects in Section

19.40.050 and 19.40.060 and the following:

1. Basements Allowed, subject to the requirements outlined in Section

19.28.070 (I).

2. Balconies, decks, or
other similar
structures
Allowed, subject to the setback requirements outlined in Section 19.40.060 (D).

3. Design Standards a. See Section 19.40.060.

4. Setbacks
a. See Section 19.40.060.
b. Detached structures: Detached structures located on the same lot shall have a setback of five feet as measured
between the eaves of the two structures.

5. Parking
a. Units shall have at least one off-street parking space, except that parking requirements shall not be imposed in either of the following instances:
i. The parcel is located within one-half mile walking
distance of either a high-quality transit corridor, as
defined in Public Resources Code Section 21155(b)
Code, or of a major transit stop, as defined in Public
Resources Code Section 21064.3.
ii. There is a car-share vehicle located within one
block of the parcel.
b. Parking space(s) shall be provided in an enclosed garage encompassing 10’ by 20’ space for each space,
283

unobstructed (i.e., by walls, appliances, etc.) between six inches from the finished floor up to six feet from the
finished floor.
c. When additional enclosed parking space(s) is/are
provided, the space(s) shall meet the requirements of
Chapter 19.124.

Chapter 19.44

39. Update Section 19.44.020 (A):

A. The requirements of this chapter, unless waived or modified in accord with Section 19.44.080, must be met with respect to all real properties intended to be developed as, or converted to, a single-family residential cluster development as described in this chapter, including the conversion of existing apartment houses to condominiums.

Chapter 19.46

40. Edit Table 19.46.070 (G):

Chapter 19.60

41. Update Section 19.60.050:

A. Land Use Criteria. Unless otherwise provided by a conditional use permit, the following regulations shall apply to all users governed by this chapter.

3. The activity must be conducted entirely within a building or enclosed patio or atrium except for:
b. Vehicular parking including the parking of business related vehicles that comply with the sign, off-street parking, and noise regulations; c. Outdoor seating for restaurants in accordance with the requirements of Section 19.60.030.
d. Special promotional events undertaken by permitted businesses; e. The display of merchandise in front of stores must be displayed under a roof overhang or canopy and must be displayed in an organized, neat, and safe fashion, in accordance with the requirements of Section 19.60.030.

G. Corner Triangle and Sidewalk
Sight Triangle
Shall remain free and clear of all buildings
or portions thereof.
284

Chapter 19.100

42. Update Section 19.100.030 (B) (1) (b):
b. Attached accessory
buildings/structures
Must meet all site development regulations, including
setbacks, height and lot coverage regulations
applicable to principal dwellings in the applicable
zone, unless a separate setback standard is provided in subsection (d) through (g) below.

43. Update Section 19.100.030 (D) (2) (b) to make consistent use of the spelling of usable:

Chapter 19.102

44. Edit Section 19.102.020 (D):

D. New or replacement glass windows, doors, or
features
Section 19.102.030(A), (B), and
(D)
Chapter 19.104

45. Update Section 19.104.100 (L):

L. Window Signs. Window signs subject to the limitations in Sections 19.104.150 and

19.104.280. One "OPEN" sign not exceeding two square feet and of any material may be placed in a window without penalty towards window coverage limitations;

46. Update Section 19.104.140:

Commercial
& Industrial
• One sign per
business with
exterior frontage

• One
additional for:
- Businesses
with no ground
sign and
adjacent to more
than one street
or shopping
• 1 s.f. per
linear ft of
store
frontage on
which sign
is located.

• 70% of
store
frontage
maximum

200
s.f.
• No more than one
wall sign per frontage

• Shall not project above
the roof or top of
parapet, unless it is an
integral part of the face
of an architectural
projection.

• No projecting wall
sign shall extend into a
CDD
Meets
Design
Criteria in
Section

19.104.220
b. Maximum lot coverage 30% of the usable rear yard area 285

center driveway;
or

- Sign directed
to interior of
project and not
visible from any
public right- of-
way; or

- Single tenant
building pad
with more than
5,000 s.f.
• Length =
total
combined
length of
each row of
sign copy

• Minimum
area = 20
s.f.
public right-of-way
more than twelve
inches. Any projecting
sign shall have a vertical
clearance of at least
fifteen feet above a
private or public
vehicular roadway,
alley, driveway, or
parking area, and at
least eight feet above a
sidewalk, pedestrian
mall, or landscaped
area.

Office &
Institutional
• One sign per
business with
exterior frontage

• One
additional for:
- Businesses
with no ground
sign and
adjacent to more
than one street
or major
shopping center
driveway; or
- Sign directed
to interior of
project and not
visible from any
public right- of-
way.
• 1 s.f. per
linear ft. of
business
frontage on
which sign
is located.

• 70% of
business
frontage
maximum

• Length =
total
combined
length of
each row of
copy
40 s.f. Same as above CDD Same as
above

47. Update Section 19.104.150 (C):
286

C. Logos,
Symbols,
or Insignia
All except
residential
districts
Same as
Sec.

19.104.140
9 s.f.

Same as
Sec.

19.104.140
•Illuminated -
CDD

•Not
illuminated -
exempt
Shall meet Design
Review Criteria in
Sec. 19.104.220 and
restrictions in Sec.

19.104.190

48. Edit Table 19.104.160:

Use/
Zoning Number
Size
Allowed Area &
Length
Location
Maximum
Height
Review Authority Review
Criteria

• Double faced
signs: Area of
larger face of
sign = Total Sign
Area

• No portion of any sign over
three feet in height shall be
located within a
corner triangle or sidewalk
sight triangle.

Chapter 19.124

49. Update Section 19.124.030 (I):

I. Tandem, Valet, and Other
Special Parking Arrangements
Tandem, Valet, and other special forms of
parking may be approved per Section 19.124.050.

50. Revise language in Section 19.124.040:

N. Landscape
Requirements
Applicable to all new centers and centers with a twenty-five percent or greater increase or decrease in floor area resulting from a use permit or architectural and site approval within twelve months shall be required to meet the following
minimum landscape requirements. However, the Planning
Commission and/or City Council may recommend additional landscaping.

Chapter 19.132

51. Update Section 19.132.050:

Written findings regarding the granting or denial of any conditional use permit subject to this chapter shall be made by the Planning Commission in accordance 287

with Chapter 19.156 and shall be based on substantial evidence in light of the entire administrative record.
288

ORDINANCE NO. 25-XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING CITY CODE CHAPTERS 14.15, 14.18, 18.20,

18.52, 19.08, 19.12, 19.16, 19.28, 19.36, 19.38, 19.40, 19.44, 19.46, 19.60, 19.100,

19.102, 19.104, 19.124, AND 19.132 OF THE MUNICIPAL CODE FOR CONSISTENCY WITH SENATE BILL 450 AND MINOR TEXT EDITS

The City Council of the City of Cupertino finds that:

WHEREAS, on September 16, 2021, the Governor of the State of California signed into law Senate Bill No. 9, “An act to amend Section 66452.6 of, and to add Section 65852.21 and 66411.7 to, the California Government Code,” which required ministerial approval of housing developments of up to two units in a single-family zoning district, the subdivision of parcels zoned for single-family use into two parcels, or both.

WHEREAS, on September 19, 2024, the Governor of the State of California signed into law Senate Bill No. 450, “An act to amend Sections 65585, 65852.21, and 66411.7 of the California Government Code, relating to land use.”
WHEREAS, Senate Bill No. 450 established a 60-day timeline for local agency review and action and updated requirements for demolition and environmental findings.

WHEREAS, Senate Bill No. 450 further prohibited the imposition of non-uniform objective zoning, design, and subdivision standards on projects proposed under Sections 65852.21 and 66411.7 of the California Government Code, unless more permissive than applicable standards within the underlying zone and specified that objective zoning, design, and subdivision standards must relate to parcel design and improvements.

WHEREAS, on November 15, 2022, the City Council voted to adopt Ordinance 22-2246 to incorporate standards for ministerial approval of duplexes and lot splits in single-family residential districts, in response to Senate Bill No. 9.

WHEREAS, certain zoning, design, and subdivision standards introduced through Ordinance 22-2246 are inconsistent with Sections 65852.21 and 66411.7 of the California Government Code, as amended by Senate Bill No. 450.

WHEREAS, the City Council desires to have objective standards that are clear and understandable to ensure orderly development and are consistent with State law; and WHEREAS, the Ordinance amends the City's Municipal Code as set forth in Exhibit A to clarify the development standards to be applied to two-lot subdivisions and duplex 289

development, and include minor clean up items including typographical and reference fixes; and
WHEREAS, the Ordinance is consistent with the City's General Plan and the public health, safety, convenience, and general welfare; and
WHEREAS, following necessary public notices given as required by the procedural ordinances of the City of Cupertino and the Government Code, the Planning Commission held a public hearing on September 9, 2025 to consider the Ordinance; and WHEREAS, on September 9, 2025, by Resolution 2025-15, the Planning Commission recommended on a unanimous (5-0-0) vote that the City Council adopt the proposed Municipal Code Amendment to clarify development standards; and WHEREAS, on October 7, 2025, upon due notice, the City Council has held at least one public hearing to consider the Municipal Code Amendment; and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Ordinance.

WHEREAS, the City Council finds the following:

1. That the proposed amendments are in accord with the Municipal Code and the City's Comprehensive General Plan.

The proposed amendments are in conformance with the General Plan since the General Plan indicates that design regulations and guidelines for single -family development should be maintained and updated to address neighborhood compatibility and visual and privacy impacts (Strategy LU-27.1.1) and that zoning and subdivision standards should consider the need to preserve neighborhood lot patterns (Policy LU-27.7). The proposed amendments make changes to design and subdivision standards to allow for a consistent application of standards throughout single-family residential neighborhoods.

2. The proposed amendments are in compliance with the provisions of the California Environmental Quality Act ( CEQA).

Pursuant to California Government Code Sections 65852.21 and 66411.7, an ordinance adopted to implement Sections 65852.21 and 66411.7 shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.

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

The proposed amendments will apply to all single -family zoned properties within the city. The proposed amendments will not result in standards that would limit site access or provisions of 290

utilities. Furthermore, the proposed amendments would ensure the compatibility of new development within single -family residential zones by ensuring that all development within these zoning districts adheres to the same standards, where not otherwise prohibited by State law.

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

The proposed amendments align zoning , design, and subdivision standards with the City’s General Plan land use goals and policies related to orderly development within single- family residential districts. The proposed amendments would ensure compatibility of new development within single -family residential zones by ensuring that all development within these zoning districts adheres to the same standards, where not otherwise prohibited by State law.

5. That the proposed amendments are not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject parcels.

The proposed are not detrimental to the health, safety, peace, morals, and general welfare since the proposed amendments further apply existing standards of the Municipal Code to promote orderly development.

6. The proposed amendments are internally consistent with this title.

The proposed ordinance is internally consistent with the Cupertino Municipal Code and incorporates minor amendments where needed to ensure continued consistency.

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

SECTION 1: Adoption.

The Cupertino Municipal Code is further amended as set forth in Exhibit A.

SECTION 2: Severability and Continuity.

The City Council declares that each section, sub -section, paragraph, sub -paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub -section, paragraph, sub -paragraph, sentence, clause and phrase of thi s 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 eff ect 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 291

construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions.

SECTION 3: California Environmental Quality Act.

This Ordinance is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment and is adopted to implement provisions of California Government Code Sections 65852.21 and 66411.7. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the amendments to the City Code would have no or only a de minimis impact on the environment . The foregoing determination is made by the City Council in its independent judgment.

SECTION 4: Effective Date.

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

SECTION 5: Publication.

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

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

INTRODUCED at a regular meeting of the Cupertino City Council on October 7 , 2025 and ENACTED at a regular meeting of the Cupertino City Council on October 21, 2025 by the following vote:

Members of the City Council
AYES:

NOES:
292

ABSENT:

ABSTAINED:

SIGNED:

Liang Chao, Mayor
City of Cupertino

Date
ATTEST:

Kirsten Squarcia, City Clerk

Date
APPROVED AS TO FORM:

_______________________
Floy Andrews, Interim City Attorney
Aleshire & Wynder, LLP

________________________
Date
293

EXHIBIT A

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO

AMEND MULTIPLE CHAPTERS OF THE MUNICIPAL CODE FOR CONSISTENCY WITH SENATE BILL 450 AND MINOR TEXT EDITS

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

Text added to existing provisions is shown in red, bold double-underlined text (example), text to be deleted in shown in red strikethrough (example), and moved text is shown in green , bold double-underlined or strikethrough text (example, example). Text in existing provisions is not amended or readopted by this Ordinance.

Text in italics is explanatory and is not an amendment to the Code. This ordinance amends several portions of the Municipal Code. There is a separate heading in bold italics for each chapter of the Code being amended.

Chapter 14.15

1. Update to Section 14.15.020 (A) (1) – Table 14.15.020 to reflect that a Landscape Documentation Package is required for projects with a landscape area of equal to or greater than 2,500 square feet, consistent with CCR Title 23, § 490.1:

Type of Permit Total
Landscape
Area
Requirement
Building Permits
New home in R1, RHS, A1 or
R2 Zones
< 500 s.f.

Prescriptive Compliance Application
(Appendix A) - Informational only

500 s.f. -
2,500 499 s.f.

Prescriptive Compliance Application
(Appendix A) or Landscape
Documentation Package (Sec.

14.15.050)
> ≥ 2,500 s.f. Landscape Documentation Package
(Sec. 14.15.050)
Planning Permit or Grading Permit
New home in R1, RHS, A1 or
R2 Zones <500 s.f. Prescriptive Compliance Application
(Appendix A) - Informational only
294

500 s.f. -
2,500 499 s.f.

Prescriptive Compliance Application
(Appendix A) or Landscape
Documentation Package (Sec.

14.15.050)
> ≥ 2,500 s.f. Landscape Documentation Package
(Sec. 14.15.050)
Commercial, industrial, office,
multiple-family residential,
townhome, public and
institutional projects
≤ < 2,500 s.f.

Prescriptive Compliance Application
(Appendix A) or Landscape
Documentation Package (Sec.

14.15.050)
> ≥ 2,500 s.f. Landscape Documentation Package
(Sec. 14.15.050)
Any landscape installation or
rehabilitation project
< 2,500 s.f. Prescriptive Compliance Application
(Appendix A) - Informational only
> ≥ 2,500 s.f. Landscape Documentation Package
(Sec. 14.15.050)
New and rehabilitated
cemeteries >0 s.f.

Water Budget Worksheet (Appendix
B)
Landscape and Irrigation
Maintenance Schedule (Sec.

14.15.120)
Landscape Installation Report (Sec.

14.15.130)
Existing and established
landscapes, including
cemeteries
>1 acre
Water Budget Worksheet (Appendix
B)
Audit of Established Landscapes
(Sec. 14.15.150)

Chapter 14.18

2. Update Section 14.18.160 - Replacement Tree Guidelines for consistency with Section

14.18.030.

Diameter of Trunk Size of Removed Tree (Measured
4½ feet above grade) Replacement Trees
Up to 12 inches* One 24" box tree
Over 12 inches and up to 36 18 inches Two 24" box trees or One 36" box tree Over 18 inches and up to 36 inches
Over 36 inches One 36" box tree
Heritage tree One 48" box tree
295

* Does not apply to R1, A1, A, RHS, and R2 zones except to approved development trees, and approved required privacy protection plantings trees in R-1 zones.

Chapter 18.20

3. Add Section 18.20.180 to incorporate relocated standards for Ministerial Approval of Urban Lot Splits from the Zoning Ordinance:

18.20.180 Subdivision Standards for Two-Lot Subdivisions in Single-Family Residential Zones.

A. Lot Configuration

1. Single-
Family
Residential
Zones (R1)
a. No more than two new, non-curved property lines may
be added to create a new lot.
b. Existing interior lots or pie shaped lots with either (i) 60 feet or more street frontage, or (ii) more than 75 feet of street frontage and a lot depth of up to 145 feet, shall result in a street frontage that is between 40-60% of the existing street frontage of the lot being subdivided.

Resulting lots shall have a side-by-side orientation and shall not create a landlocked parcel.
c. Existing interior lots or pie shaped lots with more than 75 feet of street frontage and a lot depth of more than 145 feet, may be subdivided in one of the following ways:
i. Resulting lots shall have a street frontage that is at least 40% of the existing street frontage of the lot
being subdivided. Lots shall have a side-by-side
orientation and shall not create a landlocked parcel;
or
ii. One of the resulting lots shall be a flag lot with
access to the street. The buildable area of the flag lot shall span the entire distance between the two side
property lines that intersect with the front property
line of the lot being subdivided.
d. Existing interior lots or pie shaped lots with less than 60 feet of street frontage shall result in one flag lot with access to the street. The buildable area of the flag lot shall span the entire distance between the two side
296

property lines that intersect with the front property line of the lot being subdivided.
e. Existing flag lot subdivision shall result in lots in the same orientation as the existing lot (i.e., the existing front lot line must be the front lot line of the future lots and the existing rear lot line shall be the rear lot line of the future lots) and that are between 40-60% of the lot width of the lot being subdivided.
f. Corner lots shall be subdivided in a manner that splits the existing street side property line to create at least one front lot line on that frontage.

2. Residential
Hillside
Zones (RHS)

a. Up to two new property lines may be added to create a new lot and shall follow the contours of the property.
b. Each resulting lot shall share one common driveway. If an existing driveway or curb cut exists, a new driveway or curb cut location shall not be approved.
c. If in an area where direct sanitary sewer connection is unavailable, a percolation test completed within the last five years, or if the percolation test has been recertified, within the last 10 years, must be provided.
d. Building pads shall be identified on the flattest portion of a lot, closest to an existing driveway. Where no driveway exists, building pads shall be identified on the flattest portion of the lot, closest to the access road unless doing so would result in a combined grading total greater than that required for siting elsewhere on the lot.
e. No new or expanded structures shall encroach upon any existing public or private utility easements.
f. A cumulative total of 1,250 cubic yards, cut plus fill (including grading for building pad, yard areas,
driveway, all other areas requiring grading, and
basements), except if the original lot that was subdivided has already performed prior grading, then the amount of grading that has previously occurred shall be reduced
from the maximum grading quantity allowed
cumulatively on the two resulting lots.
297

4. Modify Section 18.20.170 (H) to reference proposed Section 18.20.180:

H. Objective Subdivision Standards for Ministerially Approved Lot Splits. In addition to any applicable objective subdivision standards in this Title or the Subdivision Map Act and the requirements of Government Code Section 66411.7, a lot split approved pursuant to this Section must, to the maximum extent permissible under Government Code Section 66411.7, comply with the objective standards including but not limited to objective standards for urban lot splits set forth in Sections 18.20.180, 19.28.060, and 19.40.050.

Chapter 18.52

5. Add Section 18.52.030 (B) (4) to reference proposed Section 18.20.180:

B. Lot Configuration.

4. In addition to the requirements of this Chapter, Hillside Subdivisions for two- lot subdivisions shall also apply the standards of Section 18.20.180.

Chapter 19.08

6. Update Section 19.08.030, “Bay Window” definition to fix a typo and clerical error:
"Bay window" means a projecting window element that is not an extension of the floor area and does not incorporate any useable space for seating or other purposes.

Additionally, a bay or projecting window shall:
a. Be a projection of windows, not walls;
b. Be cantilevered no more than twenty-four inches, horizontally, from an exterior wall;
c. Be a minimum of twenty-four inches from the finished floor; d. Not create a projection of the floor;
e. Not occupy more than 50% of an interior exterior wall face.

These limitations do not apply to bay windows which have been counted towards floor area and meet required setbacks.

7. Update Section 19.08.030, to add “Front Entry Porch” definition:
“Front Entry Porch” means outdoor steps, stairs, and/or a raised platform less than 50 square feet in area, located immediately adjacent to the primary entry of a building for the purpose of providing pedestrian access from the outdoor ground elevation to a building interior. If the platform portion of a front entry porch (not 298

including steps) is more than 50 square feet or has a proportionately greater width than its height, the structure is considered a porch.

8. Update Section 19.08.030, “Lot” definition to correct a clerical error:
"Lot" means a parcel or portion of land separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for purpose of sale, lease or separate use.

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

2. “Flag lot” means an interior lot with a long, narrow portion of the lot, or parcel of land not otherwise meeting the requirement of this title for lot width that consists entirely of and provides the sole means of vehicular connection between the buildable area of the lot and an abutting street.

3. “Interior lot” means a lot other than a corner lot or a flag lot.

4. “Key lot” means the first lot to the rear of a corner lot, the front line of which is a continuation of the side lot line of the corner lot, and fronting on the street which intersects or intercepts the street on which the corner lot fronts.

5. "Pie-shaped lot" means an interior lot, that is not a flag lot, where the front lot line abuts a cul-de-sac, and a) is at least 20% shorter than the rear lot line or b) has five or more lot lines.

9. Update Section 19.08.030 to add “Porch” definition:
“Porch” means outdoor steps, stairs, and/or a raised platform, located immediately adjacent to an entrance to a residential structure for the purposes of providing pedestrian access from the outdoor ground elevation to a building interior and/or private, recreational open space. A porch differs from a front entry porch or a front entry feature, which has a proportionately greater height than its width and is less than 50 square feet in area.

10. Update Section 19.08.030, “Useable Rear Yard” definition to make spelling of usable consistent:
"Useable rear yard" means that area bounded by the rear lot line(s) and the rear building line extended to the side lot lines. The side yard adjacent to a proposed minor addition (e.g., addition equaling ten percent or less of the principal structure) may be included in calculation of usable rear yard area. 299

11. Revise Appendix C of Chapter 19.08 to correct spelling of sight:

Appendix C: Cupertino Standard Detail 7-6 Sidewalk Sighte Triangle (Sidewalk Clearance at Driveways).

Chapter 19.12

12. Update Section 19.12.020 (A) to reference correct sections:

A. In the A, A1, R-1 and RHS Zones, the following activities:

1. Conditional uses in accord with Chapter 19.20, Chapter 19.24, Chapter 19.28, and Chapter 19.40;

2. Removal of protected trees identified in Chapter 14.18;

3. Projects in R-1 zones identified in Section 19.28.040;

4. Height Exceptions identified in Section 19.24.0750(B)(3);

5. Hillside Exceptions identified in Section 19.440.070, Section 19.40.050, and Chapter 19.48;

6. Parking Exceptions identified in Chapter 19.124;

7. Fence Exceptions identified in Chapter 19.48;

8. Variance to all other zoning regulations.
300

13. Update portions of Table 19.12.030 to reference correct sections:

Type of Permit or
DecisionA, B
Administr
ative
ReviewA,B
Arts and
Culture
Commissi
on
Planning
Commissi
on
City
Council
Public
Hearing/
Public
Meeting/
Comment
PeriodC
Noticing RadiusD Posted Site
Notice
Expir
ation
DateE
Chapter/
Findings
Development
Agreements - - R F PH CA. Govt. Code
65867 Yes - 19.144.1210
Development Permits
Major F, H - - F/R A1/F PM 19.12.110/
300’
Yes 2 Years 19.156.0540 Minor G F - A1 A2 PM Yes 2 Years Conditional Use Permits
MajorF, H, I F - A1/F/R A1/ A2/F PH CA. Govt. Code
65905 Yes 2 years 19.156.0540
Hillside Exception/
Height Exception/
Heart of the City
Exception I
- - F A1 PH 19.12.110/300' Yes 2 years

19.40.080,

19.24.0750,

19.136.090
Variance F - A1 A2 PH CA. Govt. Code
65905 Yes 2 years 19.156.0650
Parking
Exceptions I F - FA1 A1/A2 Varies M

19.12.110/
Adjacent/
300' N
Yes 1 year 19.124.0560
Protected Trees
Tree Removal F - A1 A2 CP Adjacent, unless
exempt
Yes, unless
exempt 1 year 14.18.1810
301

14. Clarify language of footnote K of Table 19.12.030:

Minor Architectural and Site Approval application - single family home in a planned development zoning district, ; minor building architectural modifications, ; landscaping, signs and or lighting for new development, ; permanent supportive housing with up to 6 units subject to by-right processing as required by Government Code Section 65650 et seq., ; redevelopment or modification in such zones where review is required, ; and minor modifications of duplex and multi-family buildings.

15. Update Section 19.12.110 (D) (1) in accordance with SB1214 (CCG Section 65103.5):

D. Notice of Comment Period: For projects requiring notice of a comment period, notice shall be mailed in accordance with 19.12.110A(2) and A(53), fourteen calendar days prior to the date of action on the application.

1. For permits issued pursuant to Chapter 19.28, Single Family Residential, the mailed notice shall include a copy of the site plan and elevation plans of the proposed project, unless plans contain protected information, as defined by California Government Code Section 65103.5.

Chapter 19.16

16. Update Section 19.16.060 to remove reference to the incorrect section:

Whenever it is found, pursuant to Section 19.28.050, that a lot or site is divided by a boundary between districts, the provisions of the zoning regulations applicable within each district shall apply only to the portion of this site situated in each separate district.

Chapter 19.28

17. Update Section 19.28.060 to clarify objective language and update standards for single- family residential design to reflect changes to State law made through SB450:

302

R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
A. Minimum net lot area1
i. 5,000 square feet ii. the number multiplied by 1,000 square feet iii.10,000 square feet
iv. For lots created under the provisions of Government Code Section 64411.7, each of the resulting lots shall have a lot area of at least 40% of the original lot being subdivided, with no lots less than 1,200 square feet.

B. Minimum lot width (at
the front setback line)
i. 50 feet ii. 60 feet iii. 75 feet
iv. For lots created pursuant to provisions Government Code Section 64411.7:
a. No more than two new, non-curved property lines may be added to create a new lot. b. Existing interior lots or pie shaped lots with either (i) 60 feet to 75 feet of or more street frontage, or (ii) more than 75 feet of street frontage a lot depth of up to 145 feet shall result in lots width. Resulting lots shall have a street frontage that is between 40-60% of the lot width existing street frontage of the lot being subdivided. Resulting lots shall have a side-by-side orientation and shall not create a landlocked parcel.
c. Existing interior lots or pie shaped lots with more than 75 feet of street frontage and a lot depth of more than 145 feet, may be subdivided in one of the following ways:
i. Resulting lots shall have a street frontage that is at least 40% of the existing street frontage of the lot being subdivided. Lots shall have a side-by-side orientation and shall not create a landlocked parcel; or
ii. One of the resulting lots shall be a flag lot with access to the street. The buildable area of the flag lot shall span the entire distance between the two side property lines that intersect with the front property line of the lot being subdivided.
d. Existing interior lots or pie shaped lots with less than 60 feet of street frontage shall result in one flag lot with access to the street. The buildable area of the flag lot shall span the entire distance between the two side property lines that intersect with the front property line of the lot being subdivided.
e. Existing flag lot subdivision shall result in lots in the same orientation as the existing lot (i.e., the existing front lot line must be the front lot line of the future lots and the existing rear lot 303

R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
line shall be the rear lot line of the future lots) and that are between 40-60% of the lot width of the lot being subdivided.
f. Corner lots shall be subdivided in a manner that splits the existing street side property line to create at least one front lot line on that frontage.

C. Landscaping
i. See Chapter 14.15, Landscape Ordinance
ii. At least 50% of the front yard of any project
approved pursuant to Chapter 19.28.150 shall be
occupied by non-hardscape landscaping
iii. Landscaping plans are required for all
additions or new homes. The purpose of
the landscaping is to beautify the
property and to achieve partial screening
of building forms from the street and
adjacent properties. Generally, the
landscaping may include shrubbery,
hedges, trees, or lattice with vines on
fences
iv. At least 50% of the front yard of any
project approved pursuant to Chapter

19.28.150 shall be occupied by non-
hardscape landscaping
D. Development proposed on building pads/graded area with slopes equal to or greater than 20%

1. Total site grading (cut
plus fill)2,3
i. 2,500 cubic yards maximum.
ii. Projects that exceed the maximum quantity shall require Architectural and Site Approval per Section 19.28.040(HG).
iii. For projects proposed pursuant to Government Code Sections 64411.7 and/or 65852.21, tTotal site grading shall be limited to 2,500 cubic yards for the entire site as calculated prior to subdivision.

For projects proposed pursuant to Government Code Sections 64411.7 and/or 65852.21, fFlat yard area created by grading areas that are sloped more than 10% shall be limited to 2,500 square feet, not including the driveway, as calculated prior to any subdivision. 304

R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a

2. Fences See Chapter 19.48, Fence Ordinance
E. Development on properties with an average slope greater than 10% shall comply with Sections 19.40.050 (F), (G), and (I) and Sections 19.40.060(E), (H), (I) and (J).

FE. Development (structures, improvements, or grading)

1. On actual slopes ≥ 30%
i. Limited to 500 square feet and subject to the requirements of Sections 19.40.050 (F), (G), and (I) and Sections 19.40.060 (E), (H), (I) and (J).
ii. Development greater than 500 square feet shall be subject to a Hillside Exception by the Planning Commission in accordance with section 19.40.080 of the RHS Ordinance. No Hillside Exception is permitted on lots developed pursuant to Section 19.28.150. iii. In all cases, the following shall apply:
a. Change in grade elevation shall be limited to the minimum extent necessary to ensure adequate drainage and access as demonstrated by a grading and drainage plan prepared by a registered civil engineer.
b. Split level designs shall be used to avoid additional change in grade elevation. c. Unless otherwise required by the City Engineer, spoils shall be balanced on site and shall match the existing grading and drainage pattern of the site. d. Unless required by the City Engineer, development shall not result in a finished floor more than 36 inches above finished grade.

2. For projects proposed
pursuant to Government
Code Sections 64411.7
and/or 65852.21
i. Unless required by the City Engineer or to meet Fire Code requirements, grading activity on lots with an average slope of:
a. Less than five percent shall not result in a change in grade elevation by more than 12 inches from existing natural grade.
b. Between five and ten percent shall not result in a change in grade elevation by more than 24 inches from existing natural grade.
c. Ten percent or more shall not result in a change in grade elevation by more than three feet from existing natural grade.
ii. In all cases, the following shall apply:
305

R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
a. Change in grade elevation shall be limited to the minimum extent necessary to ensure adequate drainage and access as demonstrated by a grading and drainage plan prepared by a registered civil engineer.
b. Split level designs shall be used to avoid additional change in grade elevation. c. Unless otherwise required by the City Engineer, spoils shall be balanced on site and shall match the existing grading and drainage pattern of the site. d. Unless required by the City Engineer, development shall not result in a finished floor more than 36 inches above finished grade.

GF. On-site improvements
All properties shall provide a 4.5 foot wide pathway, a 4.5 foot wide planting strip, curb and gutter, curb cut, AC pavement, and underground utilities at the street as follows:

1. i. Detached pathway when a property on either side of the subject property has a detached pathway;

2. ii. Monolithic pathway when a property on either side of the subject property has a monolithic pathway

3. iii. When properties on either side of the subject property do not have a pathway, a pathway that matches the pre-dominant pattern of pathways on the street, as determined by the City Engineer, shall be provided, unless the subject property has a “semi-rural” designation adopted by City Council resolution.

4. iv. The City Engineer shall adopt any objective standard necessary to implement the requirements of this paragraph.

HG. Curb Cuts
Driveways for
developments pursuant to
Government Code
Section 64411.7 or
65852.21

1. For interior lots with a street frontage of 35 feet or less, no more than a one-car-wide driveway curb cut shall be permitted. A distance of at least 22 feet shall be provided between two, one-car- wide curb cuts, else, a shared driveway with curb cut, no more than a two-car curb cut, may be provided.

2. Unless subject to subsection (3) below, for interior or pie shaped lots with a street frontage of more than 35 feet: a maximum of a two-car driveway curb cut is permitted provided a distance of 306

R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a
at least 22 feet is provided between existing and proposed driveway flares, else the driveway curb cut shall be limited to a one-car driveway curb cut.

3. When an Urban Lot Split subdivision results in a flag lot, the two resulting lots shall share vehicular access off of the access area of the resulting flag lot, unless one of the lots is an new interior lot with at least 50 feet of minimum street frontage of 50 feet. The access area shall be a minimum of 20 feet and a maximum of 25 feet in width, comprising a minimum 16-foot drive aisle and a minimum 2-foot-wide landscaping planter on either side. A maximum two-car driveway curb cut is permitted at the right-of way. No other curb cuts shall be permitted.

4. Where a shared driveway (not through a flag lot) is proposed:
i. No additional curb cuts shall be permitted.
ii. 50% of the width of the shared driveway curb cut shall be on each property. iii. A maximum two-car curb cut shall be permitted.

5. Where shared driveway access through a flag lot is required and would provide access to new development, the driveway access for front lot shall be located in the rear 50% of the property.

6. On lots where an existing residence is retained on the site of an urban lot split or development pursuant to Government Code Section 65852.21 subdivision, an existing curb cut of not more than 18 feet in width may remain when providing exclusive access to the existing residence.

7. A maximum 18’ wide car curb cut is allowed when a two-car curb cut is permitted.

8. A maximum 12’ wide curb cut is allowed when a one-car curb cut is permitted.

9. When shared access is proposed, a covenant, necessary for appropriate ingress and egress easements, shall be recorded prior to final parcel map recordation.

10. A maintenance agreement shall be recorded to ensure shared maintenance of any shared access easements, stormwater treatment, landscaping, and private utilities, prior to final parcel map recordation.

I. Driveways

1. When a subdivision results in a flag lot, the access area shall be a minimum of 20 feet and a maximum of 25 feet in width, comprising a minimum 16-foot drive aisle and a minimum 2- foot-wide landscaping planter on either side.
307

R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a

2. Where shared driveway access through a flag lot is required and would provide access to new development, the driveway access for the front lot shall be located in the rear 50% of the property.

3. A one-car driveway shall be a minimum of 10 feet in width and a maximum of 12 feet in width.

4. A two-car driveway shall be a maximum of 20 feet in width. Any third or more driveway spaces shall be in tandem.

5. Subparagraphs 3 and 4 do not apply to the flag lot access area.

6. When shared access is proposed, a covenant, necessary for appropriate ingress and egress easements, shall be recorded prior to final parcel map recordation.

7. A maintenance agreement shall be recorded to ensure shared maintenance of any shared access easements, stormwater treatment, landscaping, and private utilities, prior to final parcel map recordation.

HJ. Easement and
Covenants required for
subdivisions pursuant to
Government Code Section
64411.7

1. Utility easements shall be recorded prior to final parcel map recordation.

2. A covenant necessary for maintenance of stormwater treatment facilities shall be recorded prior to final map recordation.

K. Public Improvements
If no dedication was required for the creation of a lot, any future development project shall include a dedication to accommodate the predominant public right-of-way, as determined by the City Engineer, abutting the corresponding lot line and frontage improvements, including curb, gutter and sidewalk, which shall be installed by the applicant at his or her expense.

L. Private Open Space
Each unit must provide at least 15% of the unit floor area as private open space on the first floor, with no dimension less than 10 feet. Private open space shall not be located in the required front yard setback area.

Notes:
308

R1-5 R1-6, 7.5, 8, 10, 20, etc., and R1-6e R1-a

1. Lots, which contain less area than required by its zoning designation, but not less than 5,000 square feet, may nevertheless be used as building sites, provided that all other applicable requirements of this title are fulfilled.

2. Maximum grading quantity includes grading for the building pad, yard areas, driveway, and all other areas requiring grading, but does not include basements. The graded area shall be limited to the building pad area to the greatest extent possible. Grading quantities for multiple driveways are divided equally among the participating lots, e.g. two lots sharing a driveway will divide the driveway grading quantity in half. The divided share will be charged against the grading quantity allowed for that lot development.

3. All cut and fill areas shall be rounded to follow the natural contours and planted with landscaping that meets the following requirements:
i. A landscape plan shall be prepared that addresses measures to prevent soil erosion and to screen cut and fill slopes. ii. A tree planting plan shall be prepared for the site which will screen grading areas, and residential structures, to the greatest possible extent, as well as to reintroduce trees on barren slopes which were denuded by prior agricultural activities. iii. Landscape improvements shall meet the requirements as established in the Landscape Ordinance, Chapter 14.15. iv. Landscape improvements shall be installed prior to final occupancy unless such installation is impracticable, in which case, the applicant shall post a bond, cash, or other security to ensure installation within an 18-month period from occupancy. All such landscape areas shall be properly maintained.

(Continued on next page)

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18. Update Section 19.28.070 (B), 19.28.070 (I), and 19.28.070 (J) (3) and add Section

19.28.070 (L) and 19.28.070 (M) to clarify objective language and update standards for single-family residential design to reflect changes to State law made through SB450:

B. Maximum Floor
Area Ratio

1. 45% of the net lot area, however, a housing development project on a lot having a slope 30% or greater shall not exceed the floor area allowed under Chapter 19.40.
--- --- ---
I. Basements

1. Number,
size, and
volume of
lightwells
a. Shall be the minimum required by the California Residential Building Code for egress, light, and ventilation, unless the basement area is counted towards floor area, except that in the case of a single-story house with a basement, one lightwell may be up to 10 feet wide and 10 feet long.

2. Minimum setback for lightwell retaining walls and basements a. Front Yard Same as underlying zoning district
ab. Side yard 5 feet
bc. Rear yard 10 feet

3. Lightwell
railings
Maximum height of 3three feet, six inches. The fencerailing shall be located immediately adjacent to the lightwell.

4. Lightwell
screening
Lightwells that are visible from a public street shall be screened by landscaping.

5. Root barrier
measures
The perimeter of theall basements and all lightwells retaining walls shall be treated and/or reinforced with the most effective root barrier measures as determined by an ISA certified Arborist in conjunction with recommendations from a certified Structural Engineerby the Director of Community Development.
--- --- ---

3. First Floor and
Second Floor
Building
Envelopes
a. The maximum exterior wall height and building height on single-story structures and single-story sections of two-story structures must fit into the building envelope defined by:
i. A 10-foot-high vertical line from natural grade measured at the property line; and
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ii. A 25-degree roof line angle projected inward at the 10-foot- high line referenced above;.
b. Notwithstanding the building envelope, a gable end of a roof enclosing an attic space may have a maximum wall height of 17 feet to the peak of the roof as measured from natural grade, or up to 20 feet with a Minor Residential permit subject to Chapter 19.12.
c. Second-story building envelope: All the maximum exterior wall height and building height on two-story sections of two-story structures must fit into the building envelope defined by:
i. A 16-foot-high vertical line from natural grade measured at the property line; and
ii. A 25-degree roof line angle projected inward at the 16- foot-high line referenced above.
--- --- ---
L. Refuse,
recycling, and
other containers

1. A minimum 8-foot by 3-foot space per unit, not visible from the street, shall be provided in an interior yard behind a fence.

2. This area shall not be concurrent with any emergency access pathway required by the Fire Department.

M. Outdoor
Lighting 1. Shall comply with the requirements of Chapter 19.102.

19. Update Section 19.28.070 (C) to remove a reference altered by the adoption of Ordinance 23- 2254:

C. Maximum
second to first
floor ratio

1. No limit,
a. Ssee Sections 19.28.040(D) and (E)(1) for permitting requirements. Homes subject to design review shall comply with the design review principles in Section 19.28.110(C).

20. Update Section 19.28.070 (E) (3) (a) (i) to make consistent use of the spelling of usable:

i. May be reduced to 10 feet, with a Minor Residential Permit, subject to Chapter

19.12, if, after the reduction, the useable rear yard area is not less than 20 times the lot width as measured from the front setback line.

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21. Update Section 19.28.070 (F) (2) (a) (i) and 19.28.070 (F) (2) (b) (i) to revise a reference altered by the adoption of Ordinance 23-2254:

2. Side yard
a. Interior
Lot
25 feet combined (no side yard setback shall be less than 10 feet) i. See Section 19.28.040(ED)(2) for permitting requirements. Homes subject to design review shall comply with the design review principles in Section 19.28.110(C).
b. Corner
lot
25 feet combined side yard setback (no side yard setback shall be less than 10 feet)

i. Interior
Side
10 feet but not less than 20 feet from the rear property line of an adjacent single-family dwelling
iA. See Section 19.28.040(ED)(2) for permitting requirements. Homes subject to design review shall comply with the design review principles in Section 19.28.110(C).

22. Revise language in Table 19.28.090 (C) to clarify standards:

C. Maximum second to
first floor area ratio

1. 40% of the existing or proposed first floor area or 750 square feet, whichever is greater, except as follows:
a. A second floor may be at least 750 square feet in
area
ba. In no case shall a second floor be more than 1,100
square feet in area.

23. Update Table 19.28.090 (J) (3) to revise a reference altered by the adoption of Ordinance 23- 2254:

3. Entry feature
height
See Single-Family Residential Design Guidelines, Section

19.28.110(A)(67)

24. Add Section 19.28.090 (M) and (N) to update standards for single-family residential design to reflect changes to State law made through SB450:

M. Refuse,
recycling, and
other containers

1. A minimum of an 8-foot by 3-foot space per unit, not visible from the street, shall be provided in an interior yard, behind a fence.

2. This area shall not be concurrent with any emergency access pathway required by the Fire Department.
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N. Outdoor
Lighting 1. Shall comply with the requirements of Chapter 19.102.

25. Update Section 19.28.110 (A) to clarify objective language and update standards for single- family residential design to reflect changes to State law made through SB450:

Any new single-family residential house or addition to an existing house shall be generally consistent with the adopted single-family residential guidelines in Sections 19.28.110(A) and (B).

A. Single-Family Residential Design GuidelinesStandards for all projects.1, 2

1. There shall not be a three-car wide driveway curb cut.

2. No more than fifty percent of the front elevation of a house shall consist of garage area, unless doing so would result in an area that could not accommodate the minimum required setbacks and enclosed parking area. the lot is not wide enough to accommodate.
a. a. In the R1-a zone, tThe maximum width of a garage on the front elevation shall be twenty-five feet, which will accommodate a two-car garage. Additional garage spaces shall be provided through the use of a tandem garage or a detached accessory structure at the rear of the property.
2 3. Usable living area, not including any architectural feature, porch, or patio, shall be a minimum of two feet closer to the street than the garage, unless a side entering garage with curved driveway is provided or the lot is not wide enough to accommodate living area adjacent to the garage, while garages should be set back more.

4. All roofs shall have at least a one-foot overhang.

5. Air conditioning units and similar mechanical equipment such as generators, sump pumps, heating, and ventilation equipment should be ground-mounted and screened from public view, or underground, and shall meet accessory structure setbacks and adhere to the requirements of Chapter 10.48 of the Municipal Code. Mechanical, heating, or cooling equipment or associated piping installed on the roof shall be screened from the public right away, except in R1-e zones where roof top equipment is not allowed.

6. A porches, patio, or other front entry feature is required are encouraged. a. The feature shall be oriented to face the street and shall include a front entry door also oriented to face the street.
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b. If duplexes are proposed on corner lots, the entrances to the two units shall be on different street frontages, except that if the corner lot fronts a major collector, both the entrances may be located on the minor collector or neighborhood street.
c. If a front porch (not a front entry feature) is proposed, the porch shall be proportionately greater in width than in height.
d. Porches, patios, and other entry features shall have detailing that emphasizes the base and have caps for posts and fence elements of the feature.
e. In the R1-a zone, the following porch design guidelines shall also apply2:
i. When viewed from the street, a porch shall appear proportionately greater in width than in height. A porch differs from an entry element, which has a proportionately greater height than its width. ii. Structural supports shall be designed such that the appearance is not obtrusive or massive.
iii. The use of large columns or pillars is discouraged. iv. The eave height for a front entry porch shall not be significantly taller than the eave height of typical single-story elements in the neighborhood.
v. Porch elements shall have detailing that emphasizes the base and caps for posts and fence elements.
f. In R1-6e and R1-a zones, entry features shall not be higher than fourteen feet from natural grade to plate.2

7. Garage doors for no more than two car spaces shall be visible from the public right of way.

8. All garage doors shall be recessed a minimum of six (6) inches from the surrounding building wall and shall include trim of at least one and a half (1.5) inches in depth.

9. Where the garage faces the side yard, but is visible from the street, the garage shall incorporate a window on the street front facade so that it appears to be a habitable portion of the house. The window style must be the same as the windows on the habitable dwelling unit(s).

10. Exterior and/or uncovered stair access shall not be allowed to the second floor.

11. Except in R1-e zones, the elevation facing a street shall incorporate at least four architectural features, such as bay windows or an entry feature, and/or elements of architectural interest, such as wall insets or offsets, planters, 314

railings, trellises, a combination of roofing elements (e.g., hip and gable roofs), dormers, change in architectural materials, quoins, accent tiles, or a prominent accent window inset greater than six inches. Windowsills, door or window trim, and roofing materials do not count as one of the features.

12. Gable ends and Dutch gable ends taller than thirty inches shall include at least one element of architectural interest such as:
• a wall offset with corbels, brackets, or change in materials; • louvered wood or metal vents;
• clay of terracotta tile vents;
• accent tile decoration;
• medallion decoration;
• metal grille;
• a change in architectural materials;
• incorporation of corbels;
• decorative gable pediments;
• eyebrow trellises or pergola structurally attached to the building; or • windows/glazing.

13. Stone veneer or accent materials used as a wainscot on a street facing façade shall be wrapped around to the side façade and end at a logical terminus, such as a fence line or a chimney or at an interior corner. Stone veneer or any other siding material wrapped on columns shall terminate at the floor or ground, as applicable.

26. Update Section 19.28.120 to make intent language consistent with Section 19.28.070 (G):

To mitigate privacy impacts and the visual mass and bulk of new two-story homes and additions, tree and/or shrub planting is required. The intent of this section is to provide substantial screening of views into neighboring residential side or rear yards within three years of planting, in order to protect the privacy of adjoining properties.

27. Update Section 19.28.120 (A) to make applicability language consistent with Section

19.28.070 (G):

A. Applicability. These requirements shall apply to new two-story homes, second- story decks, two-story additions, modifications to the existing second-story decks and/or new windows on existing two-story homes that increase privacy impacts on neighboring residents.
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1. These requirements shall not apply to:
a. Skylights;
b. Windows with sills more than five feet above the finished second floor; c. Obscured, non-openable windows;
d. Windows with permanent exterior louvers to a height of five feet above the second floor;
e. Non-operable windows with obscure glass to a height of five feet above the second floor;
f. Windows which do not have views into a neighboring side or rear yard or that face a street or a non-residential zoning district; and g. When waivers have been obtained fromby all affected property owners.

28. Update Section 19.28.120 (C) (1) and (2) to clarify objective language, to make language consistent with the requirements for landscaping outlined in Chapter 14.18, and update standards for single-family residences in response to the changes to State law made through SB450:

1. Front Yard Tree Planting.
a. The tree shall be twenty-four-inch box or larger low to moderate water using tree that typically grows to a mature height of more than 30 feet, planted at with a minimum height of six feet, as measured from adjacent grade.

California native trees are preferred.
b. The tree shall be planted in front of new second stories in the center 50% of the front yard setback area.
i. In the R1-a zone, the tree shall be placed to where views from second story windows across the street are partially mitigated. c. The Director of Community Development may waive the front yard tree or allow the tree to be planted outside of the center 50% of the front yard setback area based on a report from an internationally-certified arborist citing unavoidable conflict with existing mature tree canopies onsite or in the public right-of-way.
d. An existing mature tree in the front yard that is or can typically grow to a height of 30 feet or more and is located in the center 50% of the front yard can be used as the front yard tree, subject to an ISA certified arborist certifying that the tree is in good health.
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e. A covenant shall be recorded to identify the front yard tree as a Protected Tree and notifying current and future property owners to retain and maintain the tree in good health.

2. Privacy Planting.
a. New trees and/or shrubs are required on the applicant's property in an area bounded by a thirty-degree angle on each side window jamb. and a 180- degree angle from each corner of a balcony or second story deck, modified by the angle created between the furthest corner of the balcony or deck and the corresponding corner of the second story portion of the structure, as shown in the City’s Privacy Protection Requirements Handout. b. The following is required for all side and rear yard-facing second story windows in the R1-6e zone:
i. Cover windows with exterior louvers to a height of five feet above the second floor; or
ii. Obscure glass to a height of five feet above the second floor; or iii. Have a windowsill height of five feet minimum above the finished second floor.
c. The Planning Division shall maintain a list of allowed privacy planting trees and shrubs. The list includes allowed plant species, minimum size of trees and shrubs, expected canopy or spread size, and planting distance between trees.
i. In the R1-a zone, the minimum height of privacy trees at the time of planting shall be twelve feet.
ii. In the R1-a zone, privacy planting shall have a minimum setback from the property line equivalent to one-quarter of the spread noted on the City list.
d. The trees and/or shrubs shall be planted prior to issuance of a final occupancy permit.
e. Windows or other openings in the wall with a side yard setback less than 10 feet or a rear yard setback of less than 25 feet shall have a minimum windowsill height of more than five feet or shall have obscure glass and be inoperable with a fixed pane(s).
f. The minimum planter width required for privacy planting shall be three feet. Emergency access paths shall not be concurrent with areas designated as privacy planting planters.
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29. Update Section 19.28.150 to clarify objective language and update standards for ministerial approval of up to two units to reflect changes to State law made through SB450:

E. Objective Zoning and Design Standards for Ministerially Approved Housing Development Projects in the R-1 District. In addition to any applicable objective zoning standards, objective subdivision standards, and objective design review standards in the Municipal Code, a housing development project approved pursuant to this Section must comply with all applicable objective zoning and design standards to the maximum extent permissible under Government Code Section 65852.21, including but not limited to the following standards for ministerial development projects:

1. Development Standards (Gov.

Code, § 65852.21)
a. Except as otherwise provided herein, uUnits shall not exceed 800 square feet per unit and shall comply with Paragraph B, above.; or
b. The floor area of the larger unit in a duplex development proposed pursuant to this Section shall be no more than 200 square feet greater than the smaller unit of the duplex development.
c. Notwithstanding subparagraph (a), development pursuant to this Section may have a maximum Floor Area Ratio of up to 45% of the net lot area, and a maximum Lot Coverage of 45% of the net lot area plus an additional 5% for roof overhangs, patios, porches, and other similar features not Substantially Enclosed, if it complies with the requirements of Paragraph B and subparagraphs 2 through 16 of this Paragraph; provided, however, that a housing development project on a lot having a slope 30% or greater shall not exceed the floor area allowed under Chapter 19.40. However, under no circumstances shall the size of any ministerially approved unit exceed 2,000 square feet of living space. b. Units exceeding 800 square feet may be permissible if compliant with the following:
i. Cumulative Floor Area Ratio and Lot Coverage of the applicable zoning district (i.e. R1, R1-a, R1-e, or R1-i); and
ii. The requirements of Paragraph B; and
iii. Subparagraphs 2 through 16 of this Paragraph.
cd. If the site has been occupied by a tenant in the last three years, no more than 25% of the exterior walls alteration or demolition of an existing unit shall occurbe demolished. 318

e. If no dedication was required for creation of the lot, the project shall include a dedication to accommodate the predominant public right of way, as determined by the City Engineer, abutting the corresponding lot line and frontage improvements, including curb, gutter and sidewalk shall be installed by the applicant.

2. Second to First Floor Area
Ratio:
a. The ratio of the second story to first story floor area shall not exceed 5066% in all R1 zoning districts except the R1-a district. except that:
i. In all R1 zoning districts except the R1-a district:

1. The ratio of the second story to first story floor area may exceed 50%, up to a maximum of 66%, if a combined first-story side setback of 15 feet (with no first-story side setback less than five feet), second- story side setbacks of at least 15 feet each, a rear setback of 20 feet on the first story and a rear setback of 25 feet on the second story are provided.
b. ii. In the R1-a zoning district: See Section 19.28.090 (C).

1. The maximum ratio of the second story to first story floor area is 40% but no larger than 500 square feet, except where allowed below;

2. A second floor may exceed 500 square feet, but shall not in any case exceed 1,100 square feet, if first-story side setbacks of at least 10 feet each , a combined second-story side setback of 35 feet (with no second story side setback less than 15 feet), and a rear setback of 20 feet for the first story and 40 feet for the second story are provided. b. Interior areas (measured from the finished floor to the top of the roof rafters) with heights greater than 16 feet shall be double counted as floor area as follows:
i. For one story homes, the floor area shall be double counted as first floor area. ii. For two story homes, the floor area shall be counted once each for first and second floor area.

3. Interior Areas a. See Section 19.28.070 (D)

3. 4. Setbacks:
a. Minimum first-story front setback is 20 feet, unless otherwise required in a tract map or zoning map except that:
i. In the R1-a zoning district, the required minimum setback is 30 feet. 319

ii. Garages with up to two parking spaces shall be set back two additional feet from the face of the living area of the unit, not including a front entry feature or porch. iii. Third car garage spaces:

1. On lots when the garage is visible from the street: parking shall be provided in tandem or in a detached accessory structure at the rear of the property.

2. On flag lots or on side-oriented garages located at the rear of the principal unit: a third parking space may be on the same wall plane as the other two parking spaces. b. Minimum second-story front setback is 25 feet except that:
i. In the R1-a zoning district, the required minimum setback is 30 feet. c. Minimum first- and second-story side and rear setbacks shall be four feet each; provided, however, that:
i. No setbacks shall be required for an existing structure or for a structure constructed in the same location and to the same dimensions as an existing structure. ii. No new or expanded structures shall encroach upon any existing public or private utility easements.
iii. No setback shall be required from a shared new side lot line between the two new lots created pursuant to an Urban Lot Split under Government Code Section 66411.7 when:

1. More than one new primary dwelling unit is approved concurrently with an Urban Lot Split; and

2. Units with a zero-foot setback are developed concurrently; and

3. All other side yard setbacks are a minimum of five feet on the first story and 10 feet on the second story; and

4. The entirety of wall faces along the shared property line are structurally attached; and

5. Structures along the new shared property line are no more than zero feet or less than four feet.
iv. The required building envelope shall not apply to the portions of structures with a zero- foot setback.
d. Corner Triangle: No portion of a structure shall be located within a corner triangle, provided that in no case shall a side yard setback of more than four feet be required. 320