Cupertino City Council
April 21, 2026

SIGNED:
__________________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ _____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ _________ Kitty Moore, Mayor
City of Cupertino
__________________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ _____________ ____________ ____________ ___ Date
ATTEST:
__________________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ _____________ ____________ ____________ _______ Date
_______________________________
Lauren Sapudar, City Clerk
4/15/2026
4/15/2026
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CITY OF CUPERTINO
Agenda Item
26-15020 Agenda Date: 4/21/2026
Agenda #: 10.

Subject: Approval of Second Amendment to extend the term through July 30, 2026 of the Interim City Attorney Agreement for City Attorney services by and between the City of Cupertino and Aleshire & Wynder, LLP, with Floy Andrews as Interim City Attorney.

Approve the Second Amendment, extending the term through July 30, 2026, of the Interim City Attorney Agreement for City Attorney services with Aleshire & Wynder, LLP.

CITY OF CUPERTINO Page 1 of 1 Printed on 4/15/2026
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CITY COUNCIL STAFF REPORT
Meeting: April 21, 2026
Subject
Approval of Second Amendment to extend the term through July 30, 2026 of the Interim City Attorney Agreement for City Attorney services by and between the City of Cupertino and Aleshire & Wynder, LLP, with Floy Andrews as Interim City Attorney.

Recommended Action
Approve the Second Amendment, extending the term through July 30, 2026, of the Interim City Attorney Agreement for City Attorney services with Aleshire & Wynder, LLP.

Background
The City Council of the City of Cupertino appointed Aleshire & Wynder LLP, and specifically Floy Andrews, as Interim City Attorney and approved an agreement (Attachment C) with Aleshire & Wynder, LLP on February 19, 2025 for a term through February 24, 2026. On February 24, 2026, the City Council approved a First Amendment (Attachment B) to the agreement to extend the term to April 24, 2026. The proposed Second Amendment (Attachment A) to the Interim City Attorney agreement will extend the term of the agreement through July 30, 2026 to allow the City Council to consider next steps for City Attorney services.

Reasons for Recommendation
The proposed extension will ensure the continued provision of Interim City Attorney services while the City Council undertakes to perform an evaluation of the Interim City Attorney’s performance. This extension is intended to provide time for the City Council to complete a performance evaluation of the services provided by Aleshire & Wynder, LLP and Floy Andrews, as Interim City Attorney, to inform the Council’s consideration regarding future City Attorney services. Only the term of the Interim City Attorney Agreement is hereby amended; all other terms of the Agreement remain unchanged.

Sustainability Impact
No sustainability impact.
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Fiscal Impact
No fiscal impact.

California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Kirsten Squarcia, Deputy City Manager
Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A – Draft Second Amendment to Agreement
B – First Amendment to Agreement
C – Interim City Attorney Agreement
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SECOND AMENDMENT BETWEEN

THE CITY OF CUPERTINO AND ALESHIRE & WYNDER, LLP

FOR CITY ATTORNEY SERVICES
1 This Second Amendment between the City of Cupertino, a municipal corporation (hereinafter "City") and ALESHIRE & WYNDER, a Limited Liability Partnership (“Firm”), whose address is 1970 Broadway #920, Oakland, CA 94612, is made with reference to the following:

RECITALS:

A. On February 23, 2025, the City and Firm entered into an Agreement for City Attorney services;
B. On February 24, 2026, the City and Firm entered into a First Amendment to the Agreement (collectively “Agreement”) for City Attorney services; C. City and Firm desire to modify the Agreement on the terms and conditions set forth herein.

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

1. The term set forth in Paragraph 1 of the Agreement shall be extended to July 30, 2026.

Except as expressly modified herein, all other terms and covenants set forth in the Agreement are in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed.

CITY OF CUPERTINO ALESHIRE & WYNDER
By By
Its FLOY ANDREWS, PARTNER
Date Date
ATTEST:

City Clerk
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Kitty Moore ( Feb 24, 2026 16:00:20 PST)
Kitty Moore
Mayor, City of Cupertino
02/24/2026
Lauren Sapudar ( Feb 24, 2026 16:21: 21 PST)
Lauren Sapudar
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First Amendment to Agreement
Final Audit Report 2026- 02-25
Created: 2026- 02-24
By: Melissa Robertson ( MelissaR@cupertino. org)
Status: Signed
Transaction ID: CBJCHBCAABAAaryazJ6VwgydjN8jdJ0pMLMXlbBGtQqy First Amendment to Agreement" History
Document created by Melissa Robertson ([email protected]) 2026- 02- 24 - 11:56:02 PM GMT
Document emailed to Kitty Moore ([email protected]) for signature 2026- 02- 24 - 11:56:06 PM GMT
Email viewed by Kitty Moore ( kmoore@cupertino. gov)
2026- 02- 24 - 11:56:43 PM GMT
Document e-signed by Kitty Moore ([email protected]) Signature Date: 2026- 02-25 - 0:00:20 AM GMT - Time Source: server Document emailed to Lauren Sapudar ([email protected]) for signature 2026- 02- 25 - 0:00:23 AM GMT
Email viewed by Lauren Sapudar ([email protected])
2026- 02- 25 - 0:01:07 AM GMT
Document e-signed by Lauren Sapudar ([email protected]) Signature Date: 2026- 02-25 - 0:21:21 AM GMT - Time Source: server Agreement completed.
2026- 02- 25 - 0:21:21 AM GMT
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INTERIM CITY ATTORNEY SERVICES AGREEMENT
This INTERIM CITY ATTORNEY SERVICES AGREEMENT (“ Agreement”) is entered into by and between the CITY OF CUPERTINO (“ City”), a California municipal corporation, and ALESHIRE & WYNDER, LLP (“ Firm”), effective on the last date signed below. The City and the Firm shall each be a “ Party” and shall collectively be referred to as the Parties.”

1. Appointment
City Council hereby appoints Floy E. Andrews (“ Andrews”) as the City Attorney (“ City Attorney”), on an interim basis and hires the Firm as its interim City Attorney, to render such legal services as are customarily rendered by such official and as further specified herein, including attending meetings of the City Council and any other City boards and commissions and their affiliated agencies, as needed or requested by the City Council. The City Attorney shall report to the City Council, and shall hold office hours at City Hall, 10300 Torre Avenue, Cupertino, as needed. Other members of the Firm may provide services to City as directed by Andrews. The Firm represents that it employs, or will employ at its own expense, all personnel required for the satisfactory performance of any and all tasks and services set forth herein.

Within sixty ( 60) days of the execution of this Agreement, the Parties will meet to mutually agree upon an amendment to this Agreement to further define the Firm’ s scope of services and compensation, if necessary. This Agreement shall be for a term of one year from its effective date. The term may be extended by mutual written agreement.

The Firm represents that it possesses all necessary training, licenses, and permits to perform the Services, and that its performance of the Services will conform to the standard of practice of a professional that specializes in performing professional services of a like nature and complexity. The Firm further agrees to perform legal services in a manner that complies with the California Rules of Professional Conduct and state laws relating to conflicts of interest and selfdealing, including the California Political Reform Act ( Government Code sections 81000 et seq.) and Government Code sections 1099 et. seq. Violation of the professional conduct and ethics laws is cause for termination of this Agreement and recovery by City of fees paid for services performed in violation of said rules and law.

2. Scope of Work and Duties
The Firm shall perform any and all work necessary for the provision of City Attorney services to City, as set forth in the Municipal Code, including, but not limited to, the following:
a) Attendance at meetings of the City Council, or any other City boards and commissions and other affiliated entities, unless excused by the Mayor or Vice Mayor as needed; and
b) Provide legal advice, written legal opinions, and consultation on all matters affecting City to the City Council, City Manager, boards, commissions, committees, officers, and employees of City and as requested by the City Council, the City Manager, or their designee, in 157
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accordance with such policies and procedures as may be established by City from time to time; and
c) Be available for consultation with City staff, personally, electronically, and telephonically, as needed on legal matters which are within their area of operation; and d) Prepare or review necessary legal documents such as: ordinances, and resolutions; agreements of any nature; real property instruments of any nature including purchase agreements and escrows, leases, covenants, deeds, easements and licenses; bonds of any size, amount, and offering terms and conditions; public works construction documents including bid specifications, contracts, bonds, insurance, liens and related documents; memorandum of understanding; franchise agreements; and all similar documents; and
e) The City Attorney shall manage the in-house legal office in a manner to promote the efficiency and utility of the personnel, encourage their professional development, and cause legal affairs of City to be successfully resolved; and
f) Represent and advise City on pending and potential litigation, in an efficient and expeditious manner, in any such litigation; it is expressly understood that the Firm shall not be responsible for any pending litigation matter( s) handled by attorneys previously or otherwise employed by City until such files have been transferred to the Firm and the Firm has specifically appeared in the matter( s) as attorneys of record on behalf of City; and g) Hold regular office hours at City Hall; and
h) Attend meeting with in-house attorney staff to discuss projects and workloads; and i) Monitor pending and current legislation and case law as appropriate; and provide updates to all in house attorney staff and City Manager; and j) Supervise all outside legal services, if any; and
k) Provide representation to City in all of its legal affairs, including, but not limited to, municipal law, land use, environmental, toxics, mining, water, tort defense, personnel, labor representation, code enforcement, criminal prosecution, redevelopment, housing, cable television, finance, franchising, contracts, enterprise and other matters, except where conflicts exist or where the City Council may otherwise direct. The City Attorney shall represent City in all of the foregoing legal matters, and in initiating and defending all litigation unless otherwise directed by the City Council; and
l) Keep City informed as to the progress and status of all pending matters in accordance with such procedures as the City Council may establish from time to time; and m) Manage, control and oversee the delivery of legal services in a competent, professional, and cost- effective manner. Issues impacting the Firm’ s provision of services shall be promptly reported. All legal services provided by the Firm shall be properly supervised and all personnel shall be qualified to handle the work assigned. If outside special counsel is retained, 158
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unless otherwise directed by the City Council, such special counsel shall be supervised by the City Attorney; and
n) Provide monthly confidential updates to the City Council and City Manager on the status of major projects and high profile or high- risk litigation and provide quarterly reports on the cost of the Firm’ s services.

All the foregoing legal services shall be coordinated under the direction of the Mayor, City Council, and City Manager. Notwithstanding any other provision contained herein, any legal services may only be ultimately authorized by the City Council. Nothing in this Agreement shall be construed in any manner as limiting the ultimate and absolute discretion of the City Council, at any time, to assign or reassign any legal matter of the City from or to the Firm.

3. City Duties
City agrees to provide such information, assistance, cooperation, and access to books, records, and other information as is necessary for the Firm to effectively render its professional services under this Agreement. To the extent City desires services to be rendered on site, City, at City’ s expense, will make available sufficient office space, furniture, telephones, computers, facsimile machines, and administrative support, as may be necessary therefor. City further agrees to abide by this Agreement, and to pay the Firm’ s bills for fees, costs, and expenses.

4. Legal Fees, Costs, and Billing Practices
The Firm’ s hourly billing rates for general advisory services will be as follows:

Partner $ 325
Sr. Associate $ 305
Associate $ 285
Law Clerk $ 195
Paralegal $ 195
Document Clerk $ 125
The Firm’ s hourly billing rates for litigation & special services will be as follows:

Partner $ 385
Sr. Associate $ 305
Associate $ 285
Law Clerk $ 195
Paralegal $ 195
Document Clerk $ 125
Special services include all matters requiring special expertise above and beyond routine municipal assignments and/ or routine matters, including but not limited to: complex planning, land use and housing, refuse and solid waste, major contracts, economic development projects, municipal finance, public works contracting, real estate, rent control and just cause eviction law, eminent domain/ regulatory takings, labor and employment, investigations, enterprise funds, 159
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environmental and toxics, water, energy, utilities, franchise- cable and telecommunications, and police and fire matters.

Some unique services, such as bond financing work, will be billed at $ 500 for Attorneys.

Reimbursables, such as work being refunded by a developer to City, are $ 400- 700, for Partners and $ 350- 600 for Associates. The specific determination of a rate within the above ranges shall be based upon the experience of the attorney and subject to mutual agreement prior to the performance of these unique services.

Fees will be charged for all time actually expended in increments of one- tenth of an hour.

The Firm will not bill to a minimum increment greater than one- tenth ( 0.10) of an hour. The Firm will annually increase these billing rates consistent with any annual increase in the Consumer Price Index ( October over October time period) for All Urban Consumers ( not seasonally adjusted) San Francisco- Oakland- Hayward area ( 1982- 1984 = 100) as published by the Bureau of Labor Statistics, U.S. Department of Labor, rounded to the nearest whole $ 1. The Firm will implement the increase each year on January 1st, or as soon thereafter as the CPI information is published. The Firm may otherwise increase these rates periodically to reflect the advancing experience, capability, and seniority of Firm members as well as general economic factors. The Firm has errors and omissions insurance coverage applicable to the services being provided under this Agreement.

City will also reimburse the Firm for payments to third parties, including other legal firms, incurred in the course of representation. City will not reimburse for ordinary costs of business, including but not limited to, overhead costs, staff time, long- distance telephone, facsimile, postage, and routine photocopying. City will reimburse for non- routine photocopying costs ( e.g., litigation matters, document review, color copies, and large print jobs) at a cost of 10 cents per page and will reimburse for charges for electronic legal research time. No lodging expenses will be charged for attendance at City Council meetings or other meetings at City Hall, but travel time is billed at the hourly billing rates set forth above.

The Firm will provide detailed monthly billing statements for fees and expenses incurred.

City agrees to pay the Firm’ s billed fee and expenses within thirty ( 30) days after billing.

Monthly billing statements shall set forth a description of all work performed, hours worked, identify the person undertaking the work, and rates charged.

5. Insurance
The Firm agrees to maintain insurance in the following amounts:
a. Comprehensive General Liability Insurance with coverage limits of not less than One Million Dollars ($ 1,000, 000) including products and operations hazard, contractual insurance, broad form property damage, independent consultants, personal injury, underground hazard, and explosion and collapse hazard where applicable.
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b. Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($ 1,000, 000) per claimant and One Million dollars ($ 1,000, 000) per incident.
c. Worker' s Compensation insurance as required by the laws of the State of California. d. Professional Errors and Omissions Insurance with coverage limits of not less than One Million Dollars ($ 1,000, 000).

The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A: VII in the latest edition of Best’ s Insurance Guide, or a California approved Surplus Lines carrier ( e.g., Lloyd' s of London).

6. Authorized Representative of City
The City Council shall direct the Firm' s provision of services under this Agreement. The City designates the Mayor as the authorized representative to be the primary person to communicate with the Firm regarding the subject matter of this Agreement. This designation is intended to establish a clear line of authority and to minimize potential uncertainty, but not to preclude communication between the Firm and other representatives of City. Unless directed otherwise by the City, all correspondence and bills will be directed to the Mayor ( currently Liang Chao ( lchao@cupertino. gov)), with a copy to Serena Tu, Executive Assistant, City Manager’ s Office ( serenat@cupertino. gov). The City may update the officials or employees designated in this paragraph by providing written notice to the Firm.

7. Conclusion of Services, Discharge and Withdrawal
Unless otherwise agreed in writing, the representation of Client under this Agreement will automatically terminate at the time the Firm completes the legal services agreed to under this agreement.

The City may discharge the Firm at any time, with or without cause, by providing written notice to the Firm, which is effective upon receipt by the Firm. Discharge without cause will normally include a ninety ( 90) workday notice period to permit transition of matters and responsibilities to new counsel. In the event of discharge, if the Firm is the attorney of record in any proceeding, the Firm will promptly provide City with a substitution of attorney form if requested by City. City will execute and return the substitution of attorney form immediately upon receipt from the Firm.

The Firm may withdraw upon ninety ( 90) workdays’ prior written notice, with or without cause. The Firm may withdraw at any time as permitted under the Rules of Professional Conduct of the State Bar of California. A valid reason for withdrawal by the Firm would include, but not be limited to, City' s consent, City' s breach of this Agreement, City’ s failure to pay fees and costs as provided in this Agreement, City’ s conduct renders it unreasonably difficult for the Firm to carry out the representation effectively, City declines to pay for the Firm’ s services at an increased rate under Section 2, or any fact or circumstances that would render the Firm’ s 161
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continuing representation unlawful or unethical. If the Firm withdraws from representing City under this Section, it will have the right to terminate this Agreement and withdraw as counsel for City in any litigation where the Firm has appeared before a court. At such time as the Firm’ s services conclude, all unpaid fees for legal and related services and costs and expenses will immediately become due and payable.

8. Case Files
After the Firm’ s Services conclude, the Firm will, upon City' s request, deliver the files for all City matters to City. If City does not request the files for this matter, the Firm will retain them for a period of five years after the matter is closed. If City does not request delivery of the files before the end of the five- year period, the Firm will have no further obligation to retain the files and may, at the Firm' s discretion, destroy them without further notice to City. At any point during the five- year period, City may request delivery of the files. If City so requests, paper copies of original documents ( or the originals themselves) will be provided free of charge. City agrees to pay for any additional fees or costs incurred to produce copies of electronic files, if City requests those files.

9. No Guarantee
Nothing in this Agreement and nothing in the Firm’ s statements to City will be construed as a promise or guarantee about the outcome of any matter. The Firm makes no such promises or guarantees.

10. Conflicts
The Firm has no present employment which is adverse to City, and agrees that it shall not represent clients in either litigation or non- litigation matters against City. However, the Firm may have past and present clients or may have future clients, which, from time to time, may have interests adverse to City. The firm reserves the right to represent such clients in matters not connected with its representation of City. The Firm shall promptly disclose to the City Council and City Manager any such actual or potential conflict immediately wherever the same shall arise or come to the attention of the Firm.

If a potential conflict of interest arises in the Firm’ s representation of two clients, if such conflict is only speculative or minor, the Firm shall seek waivers from each client with regards to such representation. However, if real conflicts exist, the Firm would withdraw from representing either client in the matter, and assist them in obtaining outside special counsel.

The Firm maintains a strict policy forbidding political contributions in city council races in the cities we represent or propose to represent and will adhere to this policy as to City. This policy is in conformity with the Ethics Policy adopted by the City Attorneys Department of the League of California Cities.

11. Independent Contractor
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The Firm shall at all times herein be deemed an independent contractor wholly responsible for the manner in which it performs the Services under this Agreement and fully liable for the acts and omissions of its employees, subconsultants, and agents. Under no circumstances shall this Agreement be construed as creating an employment, agency, joint venture, or partnership relationship between City and the Firm, and no such relationship shall be implied from performance of this Agreement. The terms of this Agreement referring to direction from City shall be construed as providing for direction as to the scope of Services, and not as to the means and methods by which a result is obtained. The Firm shall pay all other taxes including but not limited to any applicable City of Cupertino business tax, not explicitly assumed in writing by City under this Agreement. The Firm shall comply with all valid administrative regulations respecting the assumption of liability for the payment of payroll taxes and contributions as above described and to provide any necessary information with respect thereto to proper authorities. In the event that the Firm or any employee, agent, or subcontractor of the Firm providing services under this Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System ( PERS) to be eligible for enrollment in PERS as an employee of City, the Firm shall indemnify, defend, and hold harmless City for the payment of any employee and/ or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and actual attorney’ s fees incurred by City in connection with the above.

Notwithstanding the Firm' s independent contractor relationship with City, City may, from time to time ( i.e. annually), and at its sole discretion, conduct an evaluation of the Firm’ s services as outside counsel, including conducting such evaluation in closed session as permitted under Government Code section 54957.

12. Indemnification and Liability
To the fullest extent permitted by the law, the Firm shall indemnify and hold harmless City and its officers, agents, departments, officials, representatives and employees ( collectively Indemnitees”) from and against any and all claims, loss, cost, damage, injury ( including, without limitation, injury to or death of an employee of the Firm or its subconsultants), expense and liability of every kind, nature and description ( including, without limitation, incidental and consequential damages, court costs, paralegal and attorneys' fees ( including costs attributable to in-house paralegals and attorneys), City staff costs, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) that arise from or relate to, directly or indirectly, in whole or in part, from the services under this Agreement, or any part thereof, but only to the proportionate extent caused by any negligent act or omission of the Firm, any subconsultant of the Firm, anyone directly or indirectly employed by them, or anyone that they control ( collectively “ Liabilities”).

Irrespective of any language to the contrary in this Agreement, the Firm has no duty to provide or to immediately pay for an up-front defense of City against claims or allegations unproved in a final judgment in all courts, but shall reimburse those litigation costs and expenses referenced herein that are incurred by City to the proportionate extent caused by the negligence 163
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of the Firm, any subconsultant of the Firm, anyone directly or indirectly employed by them, or anyone that they control. The Firm' s indemnification and hold harmless obligation shall not exceed the Firm' s finally determined percentage of liability based upon the comparative fault of the Firm.

The Parties agree, to the fullest extent permitted by law, to submit to mediation, any dispute, cause, or controversy arising out of or relating to the validity, enforceability, interpretation, performance, or breach of this section, including, but not limited to, the determination of liability based upon the comparative fault of the Firm (“ Claims”). In the event the parties do not resolve any Claims through mediation, then the Firm and City agree to binding arbitration of such Claims through JAMS, under California Code of Civil Procedure sections 1280 through 1294. 4. The parties further agree that this Agreement is intended to be strictly construed to provide for mediation followed by arbitration, if necessary, as the sole and exclusive means for resolution of all disputes under this section ( including, but not limited to, the determination of liability based upon the comparative fault of the Firm) to the fullest extent permitted by the. The Parties expressly waive any entitlement to have such controversies decided by a court or a jury.

Any mediation and/ or arbitration of Claims under this section shall occur in Santa Clara County, California. The Parties shall be responsible for their own attorneys’ fees and related hearing costs and shall split equally the costs for the mediator and/ or arbitrator. The provisions of this section shall survive the completion of the services or termination of this Agreement.

If any provision in this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect. This Agreement may be modified only by written agreement.

13. Non- Waiver
The failure of City or the Firm to seek redress for violation of, or to insist upon, the strict performance of any term or condition of this Agreement shall not be deemed a waiver by that party of such term or condition, or prevent a subsequent similar act from again constituting a violation of such term or condition. Payment to the Firm of compensation under this Agreement shall not be deemed to waive City’ s rights or the Firm’ s rights contained in this Agreement.

14. Severability
If any term, condition or provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, invalid, or void, the remaining provisions will nevertheless continue in full force and effect and shall not be affected, impaired or invalidated in any way.

15. Disputes
City and the Firm agree to have disputes ( except where City may request arbitration of a fee dispute by the State Bar) that arise out of, or relate to this Agreement, including but not limited to claims of negligence or malpractice arising out of or relating to the legal services 164
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provided by the Firm to City, decided by binding arbitration in accordance with the provisions of the Code of Civil Procedure section 1280 et seq. and administered by JAMS pursuant to its comprehensive arbitration rules and procedures. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. the Firm and City shall each have the right of discovery in connection with any arbitration proceeding in accordance with, and to the full extent allowed by, the California Rules of Civil Procedure section 1283. 05. City, however, may request arbitration of a fee dispute by the State Bar as provided by Business and Professions Code Section 6200, et seq. Alternatively, any legal action or proceeding by City against the Firm related to this Agreement may be brought in the courts of Los Angeles County, State of California.

16. Remedies
The rights and remedies of City provided in this Agreement are not intended to be exclusive, and are in addition to any other rights and remedies permitted by law.

17. Binding Agreement
This Agreement is intended to be binding on the parties and their respective successors and assigns.

18. Counterparts
This Agreement may be executed in counterparts, all of which taken together will be considered one original document.

19. Integrated Agreement; Amendment
This Agreement, including all exhibits, contains all of the agreement of the parties and cannot be amended or modified except by written agreement. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date of execution by City.

ACCEPTED AND AGREED: ALESHIRE & WYNDER, LLP
City of Cupertino, a municipal corporation a California limited liability partnership By:_______________________ By:_________________________ Floy Andrews, Partner
Its: _______________________ Date: _______________________ Date: _____________________
2025Mayor Feb 20,
Liang Chao (Feb 23, 2025 11:30 PST)
Liang Chao
02/23/2025
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ATTEST:

Kirsten Squarcia, City Clerk
Date:

Kirsten Squarcia (Feb 24, 2025 08:16 PST)
Kirsten Squarcia
02/ 24/2025
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City of Cupertino - Interim City Attorney
Agreement
Final Audit Report 2025- 02-20
Created: 2025- 02-20
By: Araceli Alejandre ( aracelia@cupertino. org)
Status: Signed
Transaction ID: CBJCHBCAABAAgVksEzR- LXSJ6W3pmXYuT2FThzCxMnFU City of Cupertino - Interim City Attorney Agreement" History Document created by Araceli Alejandre ( aracelia@cupertino. org) 2025- 02- 20 - 8:58: 54 PM GMT- IP address: 64. 165. 34. 3 Document emailed to fandrews@awattorneys. com for signature 2025- 02- 20 - 9:00: 05 PM GMT
Email viewed by fandrews@awattorneys. com
2025- 02- 20 - 9:30: 52 PM GMT- IP address: 50. 112. 162. 3 Signer fandrews@awattorneys. com entered name at signing as Floy Andrews 2025- 02- 20 - 9:55: 29 PM GMT- IP address: 50. 112. 162. 3 Document e-signed by Floy Andrews (fandrews@awattorneys. com) Signature Date: 2025- 02- 20 - 9:55: 31 PM GMT - Time Source: server- IP address: 50. 112. 162. 3 Agreement completed.
2025- 02- 20 - 9:55: 31 PM GMT
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City of Cupertino - Interim City Attorney
Agreement
Final Audit Report 2025- 02-24
Created: 2025- 02-22
By: Kirsten Squarcia ( kirstens@cupertino. org)
Status: Signed
Transaction ID: CBJCHBCAABAA_ 0TY4xZFkgRJ61GBNjZ7B2llSJ3Ap590 City of Cupertino - Interim City Attorney Agreement" History Document created by Kirsten Squarcia ([email protected]) 2025- 02- 22 - 4:54:10 PM GMT
Document emailed to [email protected] for signature
2025- 02- 22 - 5:05:51 PM GMT
Email viewed by lchao@cupertino. gov
2025- 02- 22 - 5:06:52 PM GMT
Signer [email protected] entered name at signing as Liang Chao 2025- 02- 23 - 7:29:58 PM GMT
Document e-signed by Liang Chao ([email protected])
Signature Date: 2025- 02-23 - 7:30:00 PM GMT - Time Source: server Document emailed to [email protected] for signature 2025- 02- 23 - 7:30:05 PM GMT
Email viewed by [email protected]
2025- 02- 23 - 7:30:41 PM GMT
Signer [email protected] entered name at signing as Kirsten Squarcia 2025- 02- 24 - 4:16:44 PM GMT
Document e-signed by Kirsten Squarcia ( kirstens@cupertino. gov) Signature Date: 2025- 02-24 - 4:16:46 PM GMT - Time Source: server Agreement completed.
2025- 02- 24 - 4:16:46 PM GMT
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CITY OF CUPERTINO
Agenda Item
26-15035 Agenda Date: 4/21/2026
Agenda #: 11.

Subject: Accept Legislative Review Committee (LRC) recommendation supporting Assembly Bill 2517 (Calderon) Fire Safety: Fire Hazard Severity Zones.

Adopt support position on Assembly Bill 2517 (Calderon) Fire Safety: Fire Hazard Severity Zones and authorize the Mayor to send letters to the state legislature.

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CITY MANAGER’S OFFICE

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212
CUPERTINO.GOV

CITY COUNCIL STAFF REPORT
Date: April 21, 2026
Subject
Accept Legislative Review Committee (LRC) recommendation supporting Assembly Bill 2517 (Calderon) Fire Safety: Fire Hazard Severity Zones
Recommended Action
Adopt support position on Assembly Bill 2517 (Calderon) Fire Safety: Fire Hazard Severity Zones and authorize the Mayor to send letters to the State legislature Reasons for Recommendation and Available Options
On April 6, the Legislative Review Committee (LRC) adopted three positions on bills that were outlined in the 2026 Legislative Platform, which can be viewed on the City’s webpage at cupertino.gov/legislation.

The LRC also discussed AB 2517 by Assemblymember Calderon, however, they were unable to adopt a position as this bill falls under a “monitor” position within the platform. Adopting a position of support or oppose would require consideration by the full Council. The LRC voted to move this bill forward and recommends that the full Council adopt a support position on this bill.

AB 2517 aims to improve the State’s process for designating Fire Hazard Severity Zones by increasing transparency, requiring regular updates, and enhancing local government involvement. The bill would update how the State Fire Marshal designates moderate, high, and very high fire hazard zones and would require that these maps be updated on a science-based, five-year cycle, replacing the current vague standard of periodic updates.

The measure also would establish a transparent public review process prior to finalizing maps, including opportunities for public input, and improve coordination with local governments.

Importantly, it would provide cities with a formal opportunity to submit land use and zoning input before maps are finalized.

For cities, the bill offers clear benefits. It enhances transparency and public trust in fire hazard mapping, ensures that wildfire risk information is current and accurate, and strengthens local 170
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planning and emergency preparedness. It also provides a meaningful role for local jurisdictions in shaping the final maps.

This bill is sponsored by the League of California Cities and is also supported by the cities of Carpinteria, Glendora, Laguna Niguel, Rancho Palos Verdes, Palos Verdes Estates, and San Clemente. A draft letter of support is included as Attachment A.

Next steps
If approved, the City will finalize the letter with the Mayor and submit it to the state legislature.

If not approved, the City will continue watching this bill and can provide updates as the legislative session progresses.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No sustainability impact.

City Work Program (CWP) Item/Description
None
Council Goal
Public Engagement and Transparency
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Astrid Robles, Senior Management Analyst
Reviewed by: Kirsten Squarcia, Deputy City Manager
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A – Draft Letter of Support
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MAYOR KITTY MOORE
[email protected]

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-1389
CUPERTINO.GOV
April 21, 2026
The Honorable Lisa Calderon
Member, California State Assembly
1021 O Street, Room #4650
Sacramento, CA 95814
RE: AB 2517 (Calderon) Fire Safety: Fire Hazard Severity Zones. Notice of SUPPORT, (As Introduced on February 20, 2026)
Dear Assembly Member Calderon:

The City of Cupertino is pleased to support your measure AB 2517, which would improve the Fire Hazard Severity Zone (FHSZ) designation process by ensuring consistent updates to Local Responsibility Area (LRA) maps and establishing a more transparent, publicly accessible process for developing and releasing these critical designations.

Under current law, fire hazard severity zone designations are applied in both state responsibility areas and local responsibility areas to reflect the state’s best available science regarding environmental conditions such as slope, vegetation, and wind patterns that influence wildfire spread. While LRA FHSZ maps undergo periodic reviews, the statute does not mandate a complete update. Prior to the most recent release in 2025, the LRA maps have not been updated for more than 15 years.

With the 2025 LRA maps now available, significant concerns were raised regarding the accuracy of underlying land-use information. This includes split parcels with multiple designations and the classification of developed areas. Including parking lots and bodies of water, as very high fire hazard severity zones. Cities are required to adopt these maps by ordinance and conduct public hearings locally yet currently have no formal opportunity to meaningfully engage in or respond to concerns about the state’s model, data, or methodology before adoption.

AB 2517 would clarify how and when FHSZ maps are updated and ensure meaningful public engagement prior to local adoption. Specifically, the bill would establish a five-year update cycle for LRA FHSZ maps, require a preliminary public release of updated maps, mandate 172
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disclosure of the data, models, and methodology used to develop the designations, and provide opportunities for regional workshops and public comment before the maps are transmitted to local agencies for ordinance adoption.

Without a formal opportunity to review underlying data and methodology before maps are finalized, the City cannot correct errors that affect communities or maintain public trust in the process. A predictable update cycle, transparent data disclosure, and early public engagement, are essential for ensuring that wildfire-risk designations in a suburban, wildland-urban interface community such as Cupertino are accurate, equitable, and aligned with real on-theground conditions.

For these reasons, the City of Cupertino is pleased to support your AB 2517.

Sincerely,
Kitty Moore
Mayor, City of Cupertino
Cc: The Honorable Josh Becker
The Honorable Patrick Ahrens
The Assembly Emergency Management Committee + Members
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CITY OF CUPERTINO
Agenda Item
26-15025 Agenda Date: 4/21/2026
Agenda #: 12.

Subject: Authorize the City Manager to execute a Second Amendment with the Cupertino Chamber of Commerce, initiating year three of the agreement and incorporating a revised scope of work with an annual amount not-to-exceed $5,000. (Postponed on April 7, 2026) Authorize the City Manager to execute a Second Amendment with the Cupertino Chamber of Commerce, initiating year three of the agreement and incorporating a revised scope of work with an annual amount not-to -exceed $5,000.

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1 CITY MANAGER’S OFFICE

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212
CUPERTINO.GOV

CITY COUNCIL STAFF REPORT
Date: April 21, 2026
Subject
Authorize the City Manager to execute a Second Amendment with the Cupertino Chamber of Commerce, initiating year three of the agreement and incorporating a revised scope of work with an annual amount not-to-exceed $5,000.

Recommended Action
Authorize the City Manager to execute a Second Amendment with the Cupertino Chamber of Commerce, initiating year three of the agreement and incorporating a revised scope of work with an annual amount not-to-exceed $5,000.

Background
On June 6, 2023, the City Council authorized the City Manager to execute an agreement, Attachment A1, between the City of Cupertino and the Cupertino Chamber of Commerce for up to five years, at an annual amount not-to-exceed $52,000.

On April 4, 2024, the agreement between the City of Cupertino and the Cupertino Chamber of Commerce was fully executed for a one-year term, initiating the first year of the agreement.

On May 1, 2025, the term of the agreement entered its second year on another one-year term.

The current agreement is scheduled to expire on April 30, 2026.

The City has had a long-standing partnership with the Chamber; however, prior to 2023, there was no formal agreement in place. In 2023, the agreement was established via Council direction to expand the City’s reach to businesses in Cupertino and to help the City adopt a coordinated and comprehensive approach in supporting businesses amid the post-pandemic economic landscape. Key components of the agreement and an overview of services provided by the Chamber to date are included below. As part of the agreement, the Chamber is required to send quarterly updates to the City outlining services performed by the Chamber during each 1 The executed agreement also includes the scope of work approved by the City Council. 175
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2 reporting period. All quarterly reports submitted to date are included with this staff report as Attachment B.

Key Components of the Agreement:

The agreement with the Cupertino Chamber of Commerce authorizes an amount not to exceed $52,000 annually, at a billable rate of $50 per hour. The scope of work encompasses topics such as technical assistance, marketing and promotions, and event and meeting support. The full scope of work is detailed Attachment A, beginning on Page 10.

Overview of Services Provided by the Chamber Under Agreement:

In the first year of the agreement, $23,150 was expended for services performed. In the second year, only $4,250 has been expended to date for services rendered. Table 1 below summarizes the budget and amount expended for each year of the agreement.

Table 1
Year Budget (Not to Exceed) Amount Expended
Year 1 $52,000 $23,150
Year 2 $52,000 $4,250
During the first two years of the agreement, the Cupertino Chamber of Commerce provided the following services as outlined in their scope of work:

1. Technical Assistance
• Planned and hosted 10 technical assistance seminars/webinars and selected topics with the City that are pertinent to small businesses.
• Supported business programs and initiatives developed by the City such as Cupertino Business Outreach Program, SVEDA Broker Breakfast, Restaurant Week, Dine Out July Fourth, National Small Business Week, Small Business Saturday. • Participated in exercises related to business resiliency and continuity as part of the City’s Emergency Operations Plan (EOP) update.
• Assisted the City with outreach to businesses for stakeholder focus group meetings to gather feedback from the business community.
• Participated in Small Business Technology Platform (i.e. Cupertino Business Resource Hub) as a resource provider and conducted outreach to small businesses. • Coordinated four ribbon cutting events.

2. Marketing & Promotion
• Marketed and promoted 20 business-related City events held in Cupertino such as Women Business Luncheons, Technical Assistance Workshops, Ribbon Cuttings, Retail Theft Webinar, Restaurant Week, Dine Out July Fourth.
• Conducted outreach and education regarding prospective policy changes, and new city rules and regulations such as Cupertino Minimum Wage and Cupertino Tobacco Retailer Permit Ordinance.
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3 • Designed and promoted over 15 marketing campaigns related to Technical Assistance Workshops, Women Business Luncheons, Shop Local.
• Supported Small Business Saturday activities such as National Small Business Week and Small Business Saturday promotional video.
• Produced 2 online publications to include information on the City, community, and businesses of Cupertino.
• Promoted, at the City’s request, community events, programs, services, and alerts such as State of the City, CREST Awards, City Commission vacancies relevant to the business community.

3. Events & Meetings
• Provided and promoted opportunities for City representatives to present and connect with businesses at Chamber meetings such as Legislative Action Committee. • Hosted 5 quarterly professional Women’s business luncheons to provide networking opportunities for women in business and hear from a speaker or special presenter. • Assisted city staff in scheduling and participating in 6 Cupertino Business Outreach Program meetings with Cupertino businesses such as Mirapath, KeyPoint Credit Union, Local Kitchens.

4. Other Provisions
• Provided Chamber membership to the City, including registration for two City staff as well as all Councilmembers at events hosted by the Chamber.

Staff has also researched partnerships that the other cities in Santa Clara County currently have in place with their respective Chambers. Out of the 12 cities that staff researched, responses have been received from 11 cities. Of those, 9 reported having a partnership with their Chamber and 2 indicated that no partnership is currently in place. 3 reported partnering for visitorrelated services. Details of this research are provided in Attachment C.

Next Steps
With the agreement ending on April 30, 2026, staff recommends that the Council adopt the revised scope of work, Attachment D, updated to reflect current support levels; approve revised compensation in an amount not-to-exceed $5,000, Attachment F; and authorize the City Manager to execute a Second Amendment with the Cupertino Chamber of Commerce to initiate year three of the agreement. City’s economic development staff has discussed a future partnership structure with Chamber staff to confirm the level of service that the Chamber can deliver. Any changes to the scope of work or budget after the execution of the Second Amendment will be brought before the Council for consideration.

Sustainability Impact
No sustainability impact.
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4 Fiscal Impact
Authorizing an amended agreement with a revised scope of work would reduce the annual allocation from a not-to-exceed amount of $52,000 to a not-to-exceed amount of $5,000 from the Economic Development Division’s budget beginning in FY 2026-27, resulting in a saving and reduction of $47,000 in budget funding. The revised scope of work supports up to six (6) technical assistance workshops and up to four (4) women’s business luncheons, as well as monthly 30-minute coordination meetings between City and Chamber staff. This recommendation is based on the average hours required for Chamber staff to deliver past technical assistance workshops, which took around seven (7) hours, and women’s business luncheons, which took approximately nine (9) hours. Staff also included a contingency budget of $800 to cover unanticipated expenses related to technical assistance seminars/webinars and professional Women’s business luncheons.

City Work Program (CWP) Item/Description
None.

Council Goal
Quality of Life
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Daniel Degu, Economic Development Manager
Reviewed by: Kirsten Squarcia, Deputy City Manager
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A – Cupertino Chamber of Commerce Fully Executed Agreement & Scope of Work B – Quarterly Reports April 2024 through December 2025
C – Chamber Relationships in Other Cities
D – Revised Scope of Work (redline)
E – Revised Scope of Work (clean)
F – Revised Compensation (redline)
G – Revised Compensation (clean)
H – Revised Schedule of Performance (redline)
I – Revised Schedule of Performance (clean)
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PROFESSIONAL/CONSULTING SERVICES AGREEMENT

1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation the Cupertino Chamber of Commerce Limited Liability Company for technical assistance services to existing and prospective businesses located in the City of Cupertino and . 2. SERVICES
Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID19.

3. TIME OF PERFORMANCE

3.1 This Agreement begins on the Effective Date and ends on April 30, 2025 effective date and shall be completed by April 30, 2025. At the end of the term, the City shall have options to extend the term on a year-to-year basis up to an additional four years. The City shall exercise each one-year option by providing written notice to the Contractor at least 30 days prior to the expiration of the applicable term. Upon exercise of the option, the parties will amend Section or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions

3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time.

4. COMPENSATION

4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will be based on actual costs but that will be capped so as not to exceed $52,000 annually Exhibit A and the budget
and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if 179
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without prior written approval of City. In the event the City exercises its option set forth in Section

3.1, this Section 4.1 will be amended to increase the annual amount by $52,000 as necessary.

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

5. INDEPENDENT CONTRACTOR

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

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

5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code.

5.4 Subcontractors.

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

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

5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remit to City any payments due by the not greater than they would have been had the determination not been made. 180
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6. PROPRIETARY/CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement.

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

7. OWNERSHIP OF MATERIALS

7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City.

7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights.

7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement.

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

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

8. RECORDS
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to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the dat Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided.

9. ASSIGNMENT
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity.

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

11. INDEMNIFICATION

11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following:
(a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d)
(e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. 182
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11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a thirdContractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement.

11.3 compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee.

11.4. a claim or counterclaim arising out of this Agreement, a purchase order, or other transaction.

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

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

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

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

13. COMPLIANCE WITH LAWS

13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act.

13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If prevailing wage laws under Labor Code Section 1720 and other labor laws.

13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 183
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1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision.

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

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

14. PROJECT COORDINATION
City Project Manager. The City assigns Daniel Degu
under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor.

Contractor Project Manager. Subject to City approval, Contractor assigns Deborah Feng as its single Representative for all purposes under this Agreement, with authority to oversee the progress coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative.

15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts therefore at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment and will be -approval
in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services.

16. TERMINATION
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be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product.

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

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

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

20. WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract

21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling.

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

23. HEADINGS
The headings in this Agreement are for convenience only, are not a part of the Agreement and in 185
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no way affect, limit, or amplify the terms or provisions of this Agreement.

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

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

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

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

Cupertino Chamber of Commerce Inc.
20455 Silverado Ave., Cupertino CA 95014
Attention: Deborah Feng
Email: [email protected]

27. EXECUTION
The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument.
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IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.

CITY OF CUPERTINO CONTRACTOR
A Municipal Corporation
By By
Name Name
Title Title
Date Date
APPROVED AS TO FORM:

CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:

KIRSTEN SQUARCIA
City Clerk
Date
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Exhibit A - Scope of Work

CUPERTINO CHAMBER OF COMMERCE
Services to include, but not limited to, the following:

1. Technical Assistance:
a. Provide technical assistance services to existing and prospective businesses located in the City of Cupertino and seeking such assistance, including in-person, phone, and email during normal business hours (Monday through Friday 9 am to 5 pm), as well as provide information online through the Chamber website. Information shall include, but not limited to topics such as: - How to open, operate, or grow your business in Cupertino - Contacts for City services and departments - Help ensure that individuals and organizations doing business in the City of Cupertino possess a current business license. - Community events above and beyond those not already provided by the Chamber - Recreational amenities - Retail shopping and dining amenities - Lodging and conference facilities - Refer businesses and individuals to other businesses located in Cupertino. - Other general information requests b. Support business programs and initiatives developed by the City including but not limited to the Cupertino Business Outreach Program and business surveys. c. Plan and host at least four (4) technical assistance seminars/webinars each year and select topics with the City that are pertinent to small businesses such as public safety in commercial areas, doing business in Cupertino focused on multi-lingual and multicultural businesses, green business practices, digital marketing, etc. d. Participate in and secure business representation for exercises related to business update.
e. Assist the City with economic development research or business stakeholder focus groups as needed to gather feedback from the business community. f. Participate in Small Business Technology Platform as a resource provider and conduct outreach to onboard small businesses on the platform.
g. Coordinate ribbon cuttings for new business openings for businesses with a valid Cupertino business license and regardless of membership status with the Chamber.

2. Marketing & Promotion/Information Dissemination:
a. Develop and produce a Cupertino Dashboard with relevant Cupertino demographic and economic data in coordination with the City. This dashboard will be updated 188
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quarterly. The City will use this data for business attraction and retention efforts, and to identify emerging trends, and where appropriate, recommend new policies. b. Support ad-hoc requests for information and services from individuals, organizations, and businesses that pertain to the greater Cupertino community. c. Market and promote business-related City events held in Cupertino. d. Conduct outreach and education regarding prospective policy changes, and new city rules and regulations (wages, waste reduction, transportation, Single Use Plastics, etc.) to all businesses in the City.
e. Design and promote current and future marketing campaigns (for example #ShopCupertino and #CupertinoCares).
f. Support Small Business Saturday activities and highlight all small businesses in the City.
g. Create, produce, and maintain an online publication to include information on the City, community, and businesses of Cupertino. Digital publication to be updated quarterly. h. At its office, the Chamber will make available information provided by the City, which may include, but not limited to: - The Scene - Recreation Brochure - City Contact Information - Other materials as they become available i. As appropriate and or as requested by the City, the Chamber will promote community events, programs, services, and alerts.
j. Conduct and share surveys and survey results relevant to the economic health of Cupertino.
k.
for major regional events, including the Superbowl and World Cup Soccer, to present the City in a positive manner and to draw Cupertino into the events.

3. Events/Meetings:
a. Provide and promote opportunities for City representatives to present and connect with businesses at various Chamber and other meetings including but not limited to the Asian American Business Council, Legislative Action Committee, Chamber Board, and Chamber community forums.
b.
networking opportunities for women in business and hear from a speaker or special presenter on related topics at City facilities at no charge, or other venues around Cupertino, and online.
c. Assist city staff in scheduling and participate in Cupertino Business Outreach Program (CBOP) in-person and virtual meetings with Cupertino businesses. d. Organize commercial and retail broker breakfasts.
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e. Attend City and other associated meetings as needed.

4. Other Provisions:
a. Provide Chamber membership for the City at no charge currently set at $3,000 for the established rate for employers with 201 to 300 employees. Benefits of this membership to include registration and meals for two City staff (City Manager and/or designee) as well as all Councilmembers at events hosted by the Chamber including:
o Chamber Star Awards
o LAC in-person meetings
o Lunar New Year Luncheon
o Other events as hosted by the Chamber
b. Chamber activities not related to this or other agreements with the City, will be regulated by the Municipal Code and Policies of the City of Cupertino. c. The City of Cupertino will provide quarterly updates of City of Cupertino business license holders upon request of the Chamber via email.

Reporting Requirements:

The Chamber will track information on a quarterly basis directly related to this Agreement and report to the City a summary of services referenced below rendered to Chamber members and non-members. These reports may include, but not limited to:

1. Technical Assistance:
o Number of businesses served.
o Sector and size of businesses served, and services rendered. o Number of ribbon cuttings or grand openings held for Cupertino businesses.

2. Marketing & Promotion/Information Dissemination:
o Summary of ad-hoc requests for information.
o Summary of business seminars and events organized including topics, attendees, other pertinent outcomes.
o Summary of outreach efforts around new city policies, rules, regulations. o Summary online impressions generated for marketing and promotions of campaigns.

3. Events/Meetings:
o Key performance indicators (KPIs) around marketing efforts including social media metrics.
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o Summary of the outreach conducted for events.
o Summary of broker breakfasts, in partnership with the City, including attendee contact information and leads generated.

4. Key successes achieved during the period.

5. Recommendations for future endeavors that advance the common goals of the agreement.

The reports will be in a format mutually agreed to in writing by the City and the Chamber. The City, where appropriate, will provide publicly available data to Chamber staff when partnering to implement activities outlined in this scope of work.
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Exhibit B Schedule of Performance
Cupertino Chamber of Commerce
The initial term of this agreement is one year from the effective date as defined in the signed agreement. The City Manager reserves the right, upon mutual consent and notice to the Chamber, to extend the contract for up to four additional years for the total term not to exceed five years. The consent and subject to the expenditure limits approved by the City Council, the City Manager can update the scope to best address the needs of the business community at the time as economic conditions change or new priorities emerge.

The Chamber will work monthly to accomplish the deliverables outlined in Exhibit A. The Chamber will receive compensation at the hourly rate established in Exhibit C. 192
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Exhibit C Compensation
Cupertino Chamber of Commerce
Invoicing and Payments: The Chamber will submit monthly invoices which will include the number of hours spent on the Agreement scope. The City will pay at the rate of $50/hr for the worked performed. In no event shall the total amount paid under this Agreement exceed $52,000 annually.
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Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Form Updated Jan. 2022
Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City.

INSURANCE POLICIES AND MINIMUMS REQUIRED

1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," -insurance, and shall be at least as broad as ISO
Form CG 20 10 (04/13).
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage - insurance shall be called upon to protect City as a named insured.

2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage.

3. : As required by the State of California, with Statutory Limits and E Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.

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

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

EXHIBIT D
Insurance Requirements
Design Professionals & Consultants Contracts
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Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Form Updated Jan. 2022

OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:

Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used).

Primary Coverage
Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance and shall not contribute to it.

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

Waiver of Subrogation
Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Deductibles and Self-Insured Retentions
Any deductible or selfthe insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City.

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

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

Subconsultants
Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional Higher Insurance Limits
If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant.

Adequacy of Coverage
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. 195
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ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F : POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS AUTOMOBILE LIABILITY UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $
DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $
PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $

PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG
OTHER: $

COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY INJURY (Per person) $

OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$
OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $
DED RETENTION $ PER OTH- STATUTE ER
E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

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

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

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

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

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
11/13/2023
18058
Cupertino Chamber of Commerce
Rick Kitson
20455 Silverado Avenue
Cupertino, CA 95014
A 1,000,000
X X PHPK2586410 8/10/2023 8/10/2024 100,000
5,000
1,000,000
2,000,000
2,000,000
A 1,000,000
PHPK2586410 8/10/2023 8/10/2024
A 1,000,000
PHUB889281 11/7/2023 8/10/2024 1,000,000
10,000
A Directors & Officers PHSD1807298 8/10/2023 Limit 1,000,000 The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are provided additional insured status for general liability, including primary & non-contributory and waiver of subrogation only per written agreement with the named insured per attached forms CG 20 26 04 13, PI-GL-005 (waiver of subrogation form to follow).

The City of Cupertino
10300 Torre Ave
Cupertino, CA 95014
CUPECHA-01 SDECKER
Acrisure Partners West Coast Insurance Services, LLC
1950 W Corporate Way #1 Anaheim, CA 92801
Alberto Medina
[email protected]
Philadelphia Indemnity Insurance Company
8/10/2024
X
X
X
X X
X
X
X
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POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page of ADDITIONAL INSURED – DESIGNATED

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

COMMERCIAL GENERAL LIABILITY COVERAGE PART

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

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

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

1. In the performance of your ongoing operations;
or

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

However:

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

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

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

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

1. Required by the contract or agreement; or

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

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

PHPK2586410
City of Cupertino
It's officers, agents & employees
(see manuscript for primary wording)
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PI-GL-005 (07/12)
Page of
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED

PRIMARY AND NON-CONTRIBUTORY INSURANCE
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Effective Date:

Name of Person or Organization (Additional Insured):

SECTION II – WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the endorsement Schedule, but only with respect to liability for “bodily injury,” “property damage” or “personal and advertising injury” arising out of or relating to your negligence in the performance of “your work” for such person(s) or organization(s) that occurs on or after the effective date shown in the endorsement Schedule.

This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization.

This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or ”occurrence” we cover for this Additional Insured.

The Additional Insured’s limits of insurance do not increase our limits of insurance, as described in SECTION III – LIMITS OF INSURANCE. All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged.

City of Cupertino
08/10/2018
1 1
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HISCOX INSURANCE COMPANY INC. (A Stock Company)
104 South Michigan Avenue, Suite 600, Chicago, Illinois 60603 (914) 273-7400
DPL D001 CW (11/19) Page 1
Professional Liability Errors & Omissions Insurance Declarations This is a "Claims Made and Reported" Policy in which Claim Expenses are included within the Limit of Liability unless otherwise noted. Those words (other than the words in the captions) which are printed in Boldface are defined in the Policy.

Declaration Effective Date: July 24, 2023
Policy No.: P102.164.398.1

1. Named Insured: Cupertino Chamber of Commerce

2. Address: 20455 Silverado Ave
Cupertino, CA 95014
Email Address: [email protected]

3.A. Limit of Liability: $2,000,000 Each Claim

3.B. $2,000,000 Aggregate for all Claims

4. Deductible: $500 Each Claim

5. Notice: Phone:

Email:

Mail:
866-424-8508
[email protected]
Hiscox
5 Concourse Parkway, Suite 2150
Attn: Direct Claims
Atlanta GA, 30328

6. Policy period: From: July 24, 2023 To: July 24, 2024 At 12:01 A.M. (Standard Time) at the address shown above.

7. Retroactive Date: April 1, 1954

8. Premium: $1,846.00

9. Attachments:

DPL D001 CW (11/19) - Professional Liability Errors & Omissions Insurance Declarations DPL P001 CW (05/13) - Professional Liability Coverage Form DPL E5424 CW (02/15) - Blanket Additional Insured Endorsement DPL E5019 CW (01/10) - Marketing Consulting Services Endorsement DPL E1901 CW (08/21) - Cyber Incidents Exclusion Endorsement DPL E5102 CA (01/10) - California Amendatory Endorsement INT N003 CW (01/19) - Policyholder Notice Electronic Delivery INT N001 CW (01/09) - Economic And Trade Sanctions Policyholder Notice 201
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HISCOX INSURANCE COMPANY INC. (A Stock Company)
104 South Michigan Avenue, Suite 600, Chicago, Illinois 60603 (914) 273-7400
DPL D001 CW (11/19) Page 2
IN WITNESS WHEREOF, the Insurer indicated above has caused this Policy to be signed by its President and Secretary, but this Policy shall not be effective unless also signed by the Insurer's duly authorized representative.

President
Secretary
Authorized Representative
Date: July 24, 2023
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Cupertino Chamber of Commerce
Quarterly Report - April through June 2024
Events, Meetings & Campaigns
(List and summarize all events, business seminars, CBOP meetings, campaigns, etc.) ● LAC - Mayor Mohan - April 5, 2024
○ The Mayor provided an update to the State of the City and made some comments on what to expect with the upcoming City budget ● Retail Theft Seminar - April 25, 2024
○ Provided marketing campaign for the virtual seminar, tracked registration, and attended the seminar that was conducted by members of the Santa Clara County Sheriff’s Office - West Valley
● National Small Business Week - April 28 - May 4, 2024 ○ Coordinated some activities in recognition of National Small Business Week including attending a City Council meeting where recognition was given ● Westport Ribbon Cutting - May 6, 2024
○ Provided Westport personnel with overall structure for the event and coordinated with City Staff to have City Council and members of the Chamber Board present there for ribbon cutting event
○ Emceed event for Westport host
● Public Safety Roundtable Exercise - May 9, 2024
● SBDC In-Person Seminar on HR Regulations in CA - May 20, 2024 ○ Emceed event, monitored registration and attendance, distributed speaker materials to attendees post presentation and continued communications as appropriate with attendees
● CBOP - Mirapath - May 22, 2024
○ Toured business’s facility and participated initial technical discussion on incubators and other ideas for the use of space and future programming ideas
● SBDC In Person Panel on Access to Capital - June 18, 2024 ○ Obtained a couple of the panel members
○ Emceed event, monitored registration and attendance, distributed speaker materials to attendees post presentation and continued communications as appropriate with attendees
● Broker’s Breakfast - June 20, 2024
○ Performed marketing campaign and attended the event held at the Sunnyvale City Hall
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○ Encouraged and assisted small business to attend and market a business mixer related to construction
Technical Assistance
Types of Businesses Served:
● Big Box Retail
● Small Retail
● Information Technology
● Construction
● Real Property Development
● Hospitality
● Business/Financial
● Health and Wellness
Metrics and KPIs
Estimated Number of Businesses Assisted: 25
Total Events: 9
Total RSVPs: 62
Total Attendees: 37
Total Social Media Engagements: 61
Total Social Media Reached: 2,074
Total Social Media Impressions: 2,074
Total Social Media Views: 1,076
Ad-Hoc Requests
(List and summarize all ad-hoc requests. Such requests may include outreach efforts around new city policies, rules, and regulations.)
● Distribution or posting of new county tobacco ordinance ● Various business license inquiries
Key Successes
(Key successes achieved during the period.)
● The SBDC in-person seminars seems to be catching the attention of a good number of business owners in the area given the interactions during the sessions, not just the numbers of people in attendance
Recommendations
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(Recommendations for future endeavors that advance the common goals of the agreement, if needed.)
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Cupertino Chamber of Commerce
Quarterly Report - July - September 2024
Events, Meetings & Campaigns
(List and summarize all events, business seminars, CBOP meetings, campaigns, etc.) ● Federal Procurement Tech Assistance with MiraPath - July 12, 2024 ● Incubator/Accelerators Tech Assistance for MiraPath - July 23, 2024 ● CBOP - KeyPoint - August 2, 2024
● Shop Local Campaign - August 17 2024
● SBDC Seminar - Using AI Effectively in your Business - August 1, 2024 ● CBOP - Local Kitchens - August 2, 2024
● Green Business and Incentives Planning Meeting - August 12, 2024 ● Quarterly Women’s Business Luncheon - August 14, 2024 ● XLB Kitchen Tech Assistance Visit - August 27, 2024
● Incubator/Accelerators and Hackers Dojo Expansion Tech Assistance @ MiraPath - September 10, 2024
● SBDC Seminar - How to Build Your Brand Workshop - September 19, 2024 Technical Assistance
Types of Businesses Served:
● Information Technology
● Restaurants
● Municipal Government
● Federal Government
● Non-Profit
Metrics and KPIs Report
Estimated Number of Businesses Assisted: 42
Total Events: 3
Total RSVPs: 178
Total Attendees: 67
Total Social Media Engagements: 114
Total Social Media Reached: 2,631
Total Social Media Impressions: 2,631
Total Social Media Views: 1,464
Ad-Hoc Requests
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(List and summarize all ad-hoc requests. Such requests may include outreach efforts around new city policies, rules, and regulations.)
● Outreach to businesses for City’s health fair
● Building Electrification Focus Group - September 10/11, 2024 Key Successes
(Key successes achieved during the period.)
● Very large attendance at the Women’s Business luncheon and lots of demand for the next one planned for November
Recommendations
(Recommendations for future endeavors that advance the common goals of the agreement, if needed.)
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Cupertino Chamber of Commerce
Quarterly Report - October - December 2024
Events, Meetings & Campaigns
(List and summarize all events, business seminars, CBOP meetings, campaigns, etc.) ● SBDC Workshop - October 24, 2024
● Holiday Shop Local Campaign - Small Business Saturday video - November/December 2024
● Women’s Networking Luncheon x SBDC Workshop - November 21, 2024 ● Cupertino Green Business Rebates and Incentives Workshop - December 5, 2024
● Alan Row Home Ribbon Cutting - December 9, 2024
● La Pizzeria technical assistance meeting - December 17, 2024 ● Starbird Chicken Ribbon Cutting - December 20, 2024
Technical Assistance
Types of Businesses Served:
● Information Technology
● Restaurants/Food
● Construction/Utilities
● Non-Profit
Metrics and KPIs Report
Estimated Number of Businesses Assisted: 38
Total Events: 6
Total RSVPs: 111
Total Attendees: 84
Total Social Media Engagements: 4,346
Total Social Media Reached: 2,736
Total Social Media Impressions: 2,736
Total Social Media Views: 1,610
Ad-Hoc Requests
(List and summarize all ad-hoc requests. Such requests may include outreach efforts around new city policies, rules, and regulations.)
Key Successes
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(Key successes achieved during the period.)
● Growing attendance for the Women’s Luncheon in November with a request for more time for networking.

Recommendations
(Recommendations for future endeavors that advance the common goals of the agreement, if needed.)
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Cupertino Chamber of Commerce
Quarterly Report - January - March 2025
Events, Meetings & Campaigns
(List and summarize all events, business seminars, CBOP meetings, campaigns, etc.) ● De Anza CBOP Meeting - January 21, 2025
● Minimum Wage Change posting - February 3, ,2025
● LAC Mayor Chao - February 6, 2025
● SBDC Workshop - February 20, 2024
● State of the City Promotion - February 21, 2025
● Be Natural Ribbon Cutting - February 22, 2025
● Incubator Discussion Mirapath - March 4, 2025
● Quarterly Women’s Networking Luncheon - March 20, 2025 Technical Assistance
Types of Businesses Served:
● Technology
● Restaurants/Food
● Hospitality
● Construction/Utilities
● Art/Music
Metrics and KPIs Report
Estimated Number of Businesses Assisted: 53
Total Events: 4
Total RSVPs: 161
Total Attendees: 107
Total Social Media Engagements: 66
Total Social Media Reached: 5,557
Total Social Media Impressions: 5.557
Total Social Media Views: 1,331
Ad-Hoc Requests
(List and summarize all ad-hoc requests. Such requests may include outreach efforts around new city policies, rules, and regulations.)
● Minimum wage increase information posted
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● Support for the Cupertino Business Resource Hub
Key Successes
(Key successes achieved during the period.)
● Continuing growth for Women’s Networking Lunch and now it includes De Anza students seeking internships with local employers in various fields of study

Recommendations
(Recommendations for future endeavors that advance the common goals of the agreement, if needed.)
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Cupertino Chamber of Commerce
Quarterly Report - April - June 2025
Events, Meetings & Campaigns
(List and summarize all events, business seminars, CBOP meetings, campaigns, etc.) ● National Small Business Week - May 12, 2025
● SBDC Workshop Access to Capital - May 15, 2025
● Dine Out 4th and EDC/Housing media blasts - June 2025 ● Women’s Networking Lunch - June 26, 2025
Technical Assistance
Types of Businesses Served:
● Technology
● Hospitality
● Construction/Utilities
● Art/Music
● Education
Metrics and KPIs Report
Estimated Number of Businesses Assisted: 69
Total Events: 2
Total RSVPs: 185
Total Attendees: 153
Total Social Media Engagements: 739
Total Social Media Reached: 2,073
Total Social Media Impressions: 2,073
Total Social Media Views: 61
Ad-Hoc Requests
(List and summarize all ad-hoc requests. Such requests may include outreach efforts around new city policies, rules, and regulations.)
● Support for Dine Out 4th and EDC/Housing campaign
Key Successes
(Key successes achieved during the period.)
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● Continuing growth for Women’s Networking Lunch and now it includes De Anza students seeking internships with local employers in various fields of study

Recommendations
(Recommendations for future endeavors that advance the common goals of the agreement, if needed.)
● City support of the business community for Super Bowl and World Cup 2026 readiness
○ Temporary expansion of the Shuttle to and from hotels ○ Push for marketing of Cupertino activities ahead of the Super Bowl and World Cup 2026
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Cupertino Chamber of Commerce
Quarterly Report - July - September 2025
Events, Meetings & Campaigns
(List and summarize all events, business seminars, CBOP meetings, campaigns, etc.) ● Economic Development Committee Promotion - July 2025
● Restaurant Week Promotion - September 2025
● CREST Award Promotion - September 2025
Technical Assistance
Types of Businesses Served:

Metrics and KPIs Report
Estimated Number of Businesses Assisted: 0
Total Events: 0
Total RSVPs: 0
Total Attendees: 0
Total Social Media Engagements: 0
Total Social Media Reached: 0
Total Social Media Impressions: 0
Total Social Media Views: 0
Ad-Hoc Requests
(List and summarize all ad-hoc requests. Such requests may include outreach efforts around new city policies, rules, and regulations.)
● Request for EDC recruitment announcement and Active Transportation Plan ● Request for Restaurant Week announcement and CREST Award nominations Key Successes
(Key successes achieved during the period.)

Recommendations
(Recommendations for future endeavors that advance the common goals of the agreement, if needed.)
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Cupertino Chamber of Commerce
Quarterly Report - October - December 2025
Events, Meetings & Campaigns
(List and summarize all events, business seminars, CBOP meetings, campaigns, etc.) ● October 2, 2025 - Technical Assistance Workshop
○ How to Build Your Brand - Attract and Retain Customers ● October 22, 2025 - Joint Taiwanese Chamber Mixer
● December 18, 2025 - Women’s Networking Luncheon
Technical Assistance
Types of Businesses Served:
● Technology
● Hospitality
● Construction/Utilities
● Art/Music
● Education
Metrics and KPIs Report
Estimated Number of Businesses Assisted: 126
Total Events: 3
Total RSVPs: 93
Total Attendees: 126
Total Social Media Engagements: 9
Total Social Media Reached: 329
Total Social Media Impressions: 1,592
Total Social Media Views: 1,592
Ad-Hoc Requests
(List and summarize all ad-hoc requests. Such requests may include outreach efforts around new city policies, rules, and regulations.)
Key Successes
(Key successes achieved during the period.)

Recommendations
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(Recommendations for future endeavors that advance the common goals of the agreement, if needed.)
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ATTACHMENT C
CHAMBER RELATIONSHIPS IN OTHER CITIES1
City Chamber
Partnership
(Yes/No)
Payment
Amount to
Chamber
(annually)
Type of
Agreement
Additional Details
Campbell No $0 Not applicable Not applicable
Gilroy Yes $50,000 Formal agreement Chamber partners on workforce development
and economic
development
Los Altos Yes $14,000 Formal agreement Chamber operates a Visitors Center at their
office
Los Gatos Yes $88,000 Formal agreement Chamber runs the Visitor Center
Milpitas Yes $1,125 annual
membership
fee
No formal
agreement
Chamber representative
serves on the Economic
Development Trade
Commission
Morgan
Hill
Yes $3,450 No formal
agreement
Annual membership plus
support for events and
initiatives. About $600
annual membership fee
and $2,850 to sponsor
annual directory
Mountain
View
Yes $39,000 Lease agreement Chamber leases Cityowned building in exchange for providing
Visitor Center services,
City covers the rent
(valued at $39,000 per
year)
1 As of April 2, 2026
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Around
$16,000 (for
Tech Showcase
event)
Formal agreement Not applicable
$30,000 Formal agreement One-year agreement for
business and event
support
Palo Alto Yes $50,000 Formal agreement The funding is not provided on a consistent
annual basis, but instead
on an as-needed basis for
Business Support.

Memberships for Staff are
not included in that
amount
Santa Clara No $0 Not applicable Not applicable
Saratoga Yes $20,920,
membership
fee in FY
2025/26
Formal agreement Five-year contract with
annual amount increase of
three percent. Chamber to
provide services for walkin, telephone, email, or fax
requests on tourism &
information materials, city
information & materials,
quarterly report
Sunnyvale Yes $1,000
membership
fee
No formal
agreement
Annual membership
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ATTACHMENT D (redline)
SCOPE OF WORK – CUPERTINO CHAMBER OF COMMERCE
Services to include, but not limited to, the following:

1. Technical Assistance:
a. Provide technical assistance services to existing and prospective businesses located in the City of Cupertino and seeking such assistance, including in-person, phone, and email during normal business hours (Monday through Friday 9 am to 5 pm), as well as provide information online through the Chamber website. Information shall include, but not limited to topics such as:
- How to open, operate, or grow your business in Cupertino - Contacts for City services and departments
- Help ensure that individuals and organizations doing business in the City of Cupertino possess a current business license.
- Community events above and beyond those not already provided by the Chamber - Recreational amenities
- Retail shopping and dining amenities
- Lodging and conference facilities
- Refer businesses and individuals to other businesses located in Cupertino. - Other general information requests
b. Support business programs and initiatives developed by the City including but not limited to the Cupertino Business Outreach Program and business surveys. c.a. Plan and host up to six (6)at least four (4) technical assistance seminars/webinars each year and select topics with the City that are pertinent to small businesses such as public safety in commercial areas, doing business in Cupertino focused on multilingual and multi-cultural businesses, green business practices, digital marketing, etc. d. Participate in and secure business representation for exercises related to business resiliency and continuity as part of the City’s Emergency Operations Plan (EOP) update.
e. Assist the City with economic development research or business stakeholder focus groups as needed to gather feedback from the business community. f. Participate in Small Business Technology Platform as a resource provider and conduct outreach to onboard small businesses on the platform.
g. At the request of the City Manager’s Office, coordinate ribbon cuttings for new business opening for businesses with a valid Cupertino business license and regardless of membership status with the Chamber.

2. Marketing & Promotion/Information Dissemination:
a. Develop and produce a Cupertino Dashboard with relevant Cupertino demographic and economic data in coordination with the City. This dashboard will be updated quarterly. The City will use this data for business attraction and retention efforts, and to identify emerging trends, and where appropriate, recommend new policies. 219
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b. Support ad-hoc requests for information and services from individuals, organizations, and businesses that pertain to the greater Cupertino community. c. Market and promote business-related City events held in Cupertino. d. Conduct outreach and education regarding prospective policy changes, and new city rules and regulations (wages, waste reduction, transportation, Single Use Plastics, etc.) to all businesses in the City.
e. Design and promote current and future marketing campaigns (for example #ShopCupertino and #CupertinoCares).
f. Support Small Business Saturday activities and highlight all small businesses in the City.
g. Create, produce, and maintain an online publication to include information on the City, community, and businesses of Cupertino. Digital publication to be updated quarterly.
h. At its office, the Chamber will make available information provided by the City, which may include, but not limited to:
- The Scene
- Recreation Brochure
- City Contact Information
- Other materials as they become available
i. As appropriate and or as requested by the City, the Chamber will promote City events, programs, services, and alerts.
j. Conduct and share surveys and survey results relevant to the economic health of Cupertino.
k. Working closely with the City Manager’s Office, create a Cupertino promotion strategy for major regional events, including the Superbowl and World Cup Soccer, to present the City in a positive manner and to draw Cupertino into the events.

3.2.Events/Meetings:
a. Provide and promote opportunities for City representatives to present and connect with businesses at various Chamber and other meetings including but not limited to the Asian American Business Council, Legislative Action Committee, Chamber Board, and Chamber community forums.
b.a.Host up to four (4) a quarterly professional Women’s business luncheon or speaker series to provide networking opportunities for women in business and hear from a speaker or special presenter on related topics at City facilities at no charge, or other venues around Cupertino, and online.
c. Assist city staff in scheduling and participate in Cupertino Business Outreach Program (CBOP) in-person and virtual meetings with Cupertino businesses. d. Organize commercial and retail broker breakfasts.
e.b.Attend monthly 30-minute coordination City and other associated meetings with the City’s Economic Development Manageras needed.

Reporting Requirements:
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The Chamber will track information on a quarterly basis directly related to this Agreement and report to the City a summary of services referenced below rendered to Chamber members and non-members. These reports will include, but not limited to:

1. Technical Assistance:
o Number of businesses served.
o Sector and size of businesses served, and services rendered. o Number of ribbon cuttings or grand openings held for Cupertino businesses.

2. Marketing & Promotion/Information Dissemination:
o Summary of ad-hoc requests for information.
o Summary of business seminars and events organized including topics, attendees, other pertinent outcomes.
o Summary of outreach efforts around new city policies, rules, regulations.

3. Summary online impressions generated for marketing and promotions of campaigns.

Events/Meetings:
o Key performance indicators (KPIs) around marketing efforts including social media metrics.
o Summary of the outreach conducted for events.
o Summary of broker breakfasts, in partnership with the City, including attendee contact information and leads generated.

4. Key successes achieved during the period.

5. Recommendations for future endeavors that advance the common goals of the agreement.

The reports will be in a format mutually agreed to in writing by the City and the Chamber. The City, where appropriate, will provide publicly available data to Chamber staff when partnering to implement activities outlined in this scope of work. 221
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ATTACHMENT E (clean)
SCOPE OF WORK – CUPERTINO CHAMBER OF COMMERCE
Services to include, but not limited to, the following:

1. Technical Assistance:
a. Plan and host up to six (6) technical assistance seminars/webinars each year and select topics with the City that are pertinent to small businesses such as public safety in commercial areas, doing business in Cupertino focused on multi-lingual and multicultural businesses, green business practices, digital marketing, etc.

2. Events/Meetings:
a. Host up to four (4) quarterly professional Women’s business luncheon or speaker series to provide networking opportunities for women in business and hear from a speaker or special presenter on related topics at City facilities at no charge, or other venues around Cupertino, and online.
b. Attend monthly 30-minute coordination meetings with the City’s Economic Development Manager.
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ATTACHMENT F (redline)
COMPENSATION – CUPERTINO CHAMBER OF COMMERCE
Invoicing and Payments: The Chamber will submit monthly invoices which will include the number of hours spent on the Agreement scope. The City will pay at the rate of $50/hr for the worked performed. In no event shall the total amount paid under this Agreement exceed $5,000 $52,000 annually.

Task and Description Budget
Technical Assistance
Plan and host up to six (6) technical assistance seminars/webinars each year and select topics with the City that are pertinent to small businesses such as public safety in commercial areas, doing business in Cupertino focused on multi-lingual and multi-cultural businesses, green business practices, digital marketing, etc.
$2,100
Events/Meetings
Host up to four (4) quarterly professional Women’s business luncheons or speaker series to provide networking opportunities for women in business and hear from a speaker or special presenter on related topics at City facilities at no charge, or other venues around Cupertino, and online. $1,800
Events/Meetings
Attend monthly 30-minute coordination meetings with the City’s Economic Development Manager.
$300
Contingency
Reserved for unanticipated expenses or to provide additional support for technical assistance seminars/webinars and professional Women’s business luncheons.
$800
Total Budget $5,000
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ATTACHMENT G (clean)
COMPENSATION – CUPERTINO CHAMBER OF COMMERCE
Invoicing and Payments: The Chamber will submit monthly invoices which will include the number of hours spent on the Agreement scope. The City will pay at the rate of $50/hr for the worked performed. In no event shall the total amount paid under this Agreement exceed $5,000 annually.

Task and Description Budget
Technical Assistance
Plan and host up to six (6) technical assistance seminars/webinars each year and select topics with the City that are pertinent to small businesses such as public safety in commercial areas, doing business in Cupertino focused on multi-lingual and multi-cultural businesses, green business practices, digital marketing, etc.
$2,100
Events/Meetings
Host up to four (4) quarterly professional Women’s business luncheons or speaker series to provide networking opportunities for women in business and hear from a speaker or special presenter on related topics at City facilities at no charge, or other venues around Cupertino, and online. $1,800
Events/Meetings
Attend monthly 30-minute coordination meetings with the City’s Economic Development Manager.
$300
Contingency
Reserved for unanticipated expenses or to provide additional support for technical assistance seminars/webinars and professional Women’s business luncheons.
$800
Total Budget $5,000
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ATTACHMENT H (redline)
SCHEDULE OF PERFORMANCE – CUPERTINO CHAMBER OF COMMERCE The initial term of this agreement is one year from the effective date as defined in the signed agreement. The City Manager reserves the right, upon mutual consent and notice to the Chamber, to extend the contract for up to four additional years for the total term not to exceed five years. Any changes to the scope of work or budget will be brought before the Council for consideration.The scope and budget are expected to be the same for additional years, however with Chamber’s consent and subject to the expenditure limits approved by the City Council, the City Manager can update the scope to best address the needs of the business community at the time as economic conditions change or new priorities emerge.

The Chamber will work monthly to accomplish the deliverables outlined in Exhibit A (Scope of Work). The Chamber will receive compensation at the hourly rate established in Exhibit C (Compensation).
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ATTACHMENT I (clean)
SCHEDULE OF PERFORMANCE – CUPERTINO CHAMBER OF COMMERCE The initial term of this agreement is one year from the effective date as defined in the signed agreement. The City Manager reserves the right, upon mutual consent and notice to the Chamber, to extend the contract for up to four additional years for the total term not to exceed five years. Any changes to the scope of work or budget will be brought before the Council for consideration.

The Chamber will work monthly to accomplish the deliverables outlined in Exhibit A (Scope of Work). The Chamber will receive compensation at the hourly rate established in Exhibit C (Compensation).
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CITY OF CUPERTINO
Agenda Item
26-14973 Agenda Date: 4/21/2026
Agenda #: 13.

Subject: Fiscal Year (FY) 2026‐27 Fee Schedule Update
Adopt Resolution No. 26‐047 approving FY 2026‐27 Fee Schedules A, B, C, and D. If adopted, new fees will be effective by July 1, 2026.

CITY OF CUPERTINO Page 1 of 1 Printed on 4/15/2026
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CITY COUNCIL STAFF REPORT
Meeting: April 21, 2026
Subject
Fiscal Year (FY) 2026‐27 Fee Schedule Update
Recommended Action
Adopt Resolution No. 26‐XXX approving FY 2026‐27 Fee Schedules A, B, C, and D. If adopted, new fees will be effective by July 1, 2026.

Reasons for Recommendation
On February 6, 2024, City Council received the results of a comprehensive 2023 Cost Allocation Plan (CAP) and User Fee Study. The City historically conducts fee studies in conjunction with a Cost Allocation Plan (CAP) approximately every seven years. The study evaluated the full cost (both direct and indirect) of providing City services and informed a more accurate and equitable fee structure. Fee updates based on that study along with the newly developed User Fee Cost Recovery policy were adopted on May 14, 2024.

The FY 2026-27 proposed fee schedules continue to use the full cost recovery methodology developed in the 2023 study and apply the latest inflationary adjustments to the FY 202526 rates: Consumer Price Index (CPI) increase of 2.477%, the Bay Area Construction Cost Index (CCI) decrease of .121%, and/or budgeted labor costs increase of 3.847%, excluding state regulated fees.

The adjusted schedules ensure alignment with the Council-approved User Fee Cost Recovery Policy (Attachment J) while maintaining fairness, clarity, and fiscal transparency. The proposed fee increases are estimated to generate approximately $874,296 in additional annual revenue, primarily benefiting the General Fund.

Fee Schedules and Notable Changes
Schedule A – General: This schedule includes fees not specific to a department or division that would require a dedicated schedule, such as code enforcement permits, City Clerk services, database requests, business license applications and related fees, and other fees for service.
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A CPI adjustment is also proposed for all relevant fees using the full cost recovery rate included in the fee study. The adjustments to these fees are primarily influenced by changes in the cost of materials or external factors beyond the City's control.

Schedule A has been updated to align the dangerous dog sign fee with actual costs and to reflect staff time associated with massage business-related services. Additionally, three community festival fees have been removed, as they are now included in the Parks and Recreation – Schedule D.

Schedule B – Engineering: Utilized by the Development Services Division within the Public Works Department, this schedule covers fees necessary for the division to review plans and applications for private developments (onsite grading and drainage operations), issuance of encroachment permits, inspections of work performed within the Public Right of Way, along with other permits, and services. Engineering fees are typically adjusted annually by CCI and Budgeted Labor Costs.

The schedule continues the practice of not charging for Block Party services and Bi-Annual Parking Permit.

Schedule B has been updated to clarify the “Environmental Programs” plan review fee to reflect its expanded scope, which now includes both stormwater and waste-related review activities.

Additionally, a commercial category has been added to the plan review fee structure to provide greater specificity, supplementing the existing single-family and multi-family classifications in place of the previous general fee.

Schedule C – Planning: This schedule is utilized by the Planning Division, which administers all required review and evaluation processes for proposed land use projects and maintains the goals and objectives of the City’s General Plan and Zoning Ordinance.

Planning fees are typically adjusted annually by CPI and Budgeted Labor Costs.

Schedule C has been updated to include clarifying language and the addition of a new fee for “Required Mailing Postage,” to be charged at actual costs plus an administrative fee for required noticing activities. Additionally, the “Two-Story Permit without Design Review” fee has been removed, as it is no longer applicable.

Schedule D – Building: Utilized by the Building Division of the Community Development Department, this schedule includes fees for providing the following services: plan review and permit issuance of all proposed construction; code, ordinance, requirements, and regulation explanations; building inspection services; and other building and development-related services. Building fees are typically adjusted annually by Budgeted Labor Costs.
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The proposed schedule includes Year 2 of a 3-year phase-in of full cost recovery for Additions Plan Check and Inspection Fees. As a result, these fees will increase by approximately 50–75% compared to last year’s rates, continuing the planned adjustment initiated in FY 2024-25.

No new fees are being proposed in Schedule D.

Index-Based Adjustments
Depending on the user fee, the CPI, CCI, or change in budget cost adjustment is applied based on the user fee’s underlying cost driver. For FY 2026-27, the CPI increase is 2.5% per the Bureau of Labor Statistics, the CCI decrease is -0.1% per the Engineering News Record, and the labor cost increase is 3.8%, as shown in the table below.

February
2025
February
2026
Index
Increase
Percent
Increase
Consumer Price Index for
All Urban Consumers
(CPI‐U)
354.432 363.211 8.779 2.477%
Construction Cost Index
(CCI) 15,404.88 15,386.20 -18.68 -0.121%
Budgeted Labor Costs $ 45,637,0001 $ 47,392,4742 $1,755,474 3.847% 1 Base Salary and Benefits (FY 2025‐26 Estimated Budget) 2 Base Salary and Benefits (FY 2026‐27 Estimated Budget) The net 3.8% increase in estimated Budget Labor Costs is primarily comprised of the inclusion of total pension costs, including mandatory annual payments towards the Unfunded Accrued Liability (UAL), as well as increases for employees progressing to higher salary steps and negotiated benefits.

The following table summarizes the current year’s application of indexes to Schedules AD, along with the rate increases for the previous four years.

Fiscal Year Schedule A –
General Fees
Schedule B –
Engineering
Fees
Schedule C –
Planning Fees
Schedule D –
Building Fees
2026-27 2.5% CPI
-.12% CCI,

3.8% Estimated
Labor Cost
increase

2.5% CPI

3.8% Estimated
Labor Cost
increase

3.8% Estimated
Labor Cost
increase
2025-26 2.7% CPI
-.79% CCI,

9.7% Estimated
Labor Cost
increase

2.7% CPI

9.7% Estimated
Labor Cost
increase

9.7% Estimated
Labor Cost
increase
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Fiscal Year Schedule A –
General Fees
Schedule B –
Engineering
Fees
Schedule C –
Planning Fees
Schedule D –
Building Fees
2024-25 FY 2023-24 costrecovery plus

2.4% CPI
FY 2023-24 costrecovery plus

0.7% CCI,

1.0% Estimated
Labor Cost
increase
FY 2023-24 cost recovery plus

2.4% CPI

1.0% Estimated
Labor Cost
increase
FY 2023-24 cost recovery plus

1.0% Estimated
Labor Cost
increase
2023-24 5.3% CPI

7.1% CCI,

9.0% Estimated
Labor Cost
increase

5.3% CPI

9.0% Estimated
Labor Cost
increase

9.0% Estimated
Labor Cost
increase
2022-23 5.2% CPI

9.8% CCI,

1.0% Estimated
Labor Cost
increase

5.2% CPI

1.0% Estimated
Labor Cost
increase

1.0% Estimated
Labor Cost
increase
Parks and Recreation fees (Schedule E) are not part of the proposed fee increase because they are set by current market rates per Resolutions No. 04-350.

Sustainability Impact
No sustainability impact.

Fiscal Impact
If Council approves the proposed fee updates with an effective date of July 1, 2026, the proposed fee schedule adjustments are anticipated to generate additional revenues totaling $874,296 for Fiscal Year 2026-27. The fiscal impact of approving these fees have been updated to approximately ten of twelve months of the fiscal year, as the effective date had been delayed. A decision to forego implementing these increases would result in the General Fund absorbing a greater share of service costs, placing additional financial strain on the City’s primary operating fund. Over time, this subsidization could limit the City’s ability to fund other essential services and programs that benefit the broader community.

The recommended increase in fees and estimated revenue are summarized as follows:

Fee Schedule Additional Revenue Factor and Basis
Schedule A – General $722 2.5% CPI
Schedule B – Engineering $139,769 -0.12% CCI,

3.8% Labor Costs
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Schedule C – Planning $144,799 2.5% CPI,

3.8% Labor Costs
Schedule D – Building $589,005 3.8% Labor Costs
City Work Program (CWP) Item/Description
None.

Council Goal
Fiscal Strategy.

California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: Jonathan Orozco, Acting Director of Administrative Services Reviewed by: Kirsten Squarcia, Deputy City Manager
Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A – FY 2026-27 Proposed Fee Schedule A – General (Redline) B – FY 2026-27 Proposed Fee Schedule B – Engineering (Redline) C – FY 2026-27 Proposed Fee Schedule C – Planning (Redline) D – FY 2026-27 Proposed Fee Schedule D – Building (Redline) E – FY 2026-27 Proposed Fee Schedule A – General (Clean) F – FY 2026-27 Proposed Fee Schedule B – Engineering (Clean) G – FY 2026-27 Proposed Fee Schedule C – Planning (Clean) H – FY 2026-27 Proposed Fee Schedule D – Building (Clean) I – Draft Resolution No. 26‐XXX approving FY 2026-27 Fee Schedules A, B, C, and D J – User Fee Cost Recovery Policy
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CITY OF CUPERTINO
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule A - General
Fee Description Unit FY 2025-26 Fee FY 2026-27 Proposed Fee YOY $ ▲ YOY % ▲
All Municipal Code Parking Violations (including County and State fees) Each $85.04 $87.15 $2.11 2.5% Animal Establishment Permit Each $378.98 $388.37 $9.39 2.5% Annual Lobbyist Registration Fee Per Lobbyist $304.84 $312.39 $7.55 2.5% Bingo Permit Annual $268.44 $275.09 $6.65 2.5%
Business License Database Each $31.24 $32.01 $0.77 2.5% Candidate Statement Fee (County Regulated Fee) Each Current County Registrar Cost
Current County
Registrar Cost
City Administrative Fee Each 15% 15%
Code Enforcement
Abatement/Graffiti Cleanup Each Actual Cost * Actual Cost * Hourly rate Hourly $252.65 $258.91 $6.26 2.5%
Substandard Housing Re-Inspection Each $252.65 $258.91 $6.26 2.5% Community Festivals - One-time Business License Each $13.23 $13.56 $0.33 2.5% Community Festivals - Business Partners Each $67.49
Community Festivals - Additional 10' x 10' space (includes an additional table anEach $12.17 Community Festivals - Non-profit partners Each $12.17
Compilation of New Records Each Actual Cost * Actual Cost * Credit Card Transaction Fee Each 3.40% 3.40%
CVC Parking Citation Dismissals Admin Fee (State Regulated Fee) Each $25.00 $25.00 $0.00 0.0% Damage to City Property
Grounds, Streets, Facilities, Traffic Engineering/Maintenance Each Actual Cost * Actual Cost * Dangerous Dog Annual Registration Fee Annual $505.30 $517.82 $12.52 2.5% Sign Each $25.57 Actual Cost *
Duplicate Business Licenses Each $15.62 $16.01 $0.39 2.5% Event Video Taping/Editing Each Actual Cost * Actual Cost * False Alarms Each $124.95 $128.04 $3.09 2.5%
Farmers Market Each $3.38 $3.46 $0.08 2.5%
Film Permit
Permit Application Fee
Public Property (Movie/TV) Each $330.00 $338.17 $8.17 2.5% Private Property (Movie/TV) Each $595.00 $609.74 $14.74 2.5% Still Public Property Each $373.00 $382.24 $9.24 2.5%
Still Private Property Each $147.00 $150.64 $3.64 2.5%
Rush Processing Each $175.00 $179.33 $4.33 2.5%
Production Impact Fees
Location within City (Private or Public)(Movie/TV)
35 or Fewer Cast and Crew Daily $445.00 $456.02 $11.02 2.5% 35 or More Cast and Crew Daily $890.00 $912.05 $22.05 2.5% Location within City (Private or Public)(Documentary) Daily $355.00 $363.79 $8.79 2.5% City Facility, Park, or City Owned Property (negotiated by City Mngr) Daily $1,000.00 $1,024.77 $24.77 2.5% Fingerprinting Processing (State Fee $32 plus County Fee $20) Each $75.05 $76.91 $1.86 2.5% Flea Markets Each $14.31 $14.67 $0.35 2.5%
Public Requests for GIS Printed Maps
Standard pre-formatted maps
Plotted maps Per Map $38.10 $39.04 $0.94 2.5%
Printed maps Per Map $5.08 $5.21 $0.13 2.5%
Custom request maps Per Map Actual Cost * Actual Cost * Prints/plots of aerial photography (see Engineering fees) Per Map Actual Cost * Actual Cost * Handbill Permit Each $252.65 $258.91 $6.26 2.5%
Renewals Each $126.33 $129.46 $3.13 2.5%
Late Payment on 30 Day Delinquent City Invoices Each 12% per annum 12% per annum Massage Establishment Fee (Includes fingerprinting/background check and business start-up inspection) Each $568.47 $1,035.64 $467.17 82.2% Renewals (Includes two inspections per year) Each $189.49 $841.46 $651.97 344.1% Massage Managing Employee (Includes fingerprint/background check) Each $505.30 $906.19 $400.88 79.3% Renewals Each $189.49 $712.00 $522.51 275.7%
Massage Permit Appeal (Denial/Revocation) Each $1,263.26 $1,294.55 $31.29 2.5% Municipal Code Book Per Book Vendor Invoice Vendor Invoice 233
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CITY OF CUPERTINO
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule A - General
Fee Description Unit FY 2025-26 Fee FY 2026-27 Proposed Fee YOY $ ▲ YOY % ▲
New Business Monthly Reports Each $46.86 $48.02 $1.16 2.5% Noise Variances/Special Exceptions Each $259.16 $265.58 $6.42 2.5% Notary Fee (State Regulated Fee) Per Signature $15.00/signature $15.00/signature $0.00 0.0% Outside Agency Review / Services Vendor Invoice + City
Admin Fee
Vendor Invoice + City
Admin Fee
Petitions for Reconsideration Each $386.17 $395.73 $9.57 2.5% Permit Update Each $126.33 $129.46 $3.13 2.5%
Photocopies - per sheet
Standard sizes Per Page $0.30 $0.31 $0.01 2.5%
For 11 x 17 sizes or color sheets Per Page $0.70 $0.72 $0.02 2.5% For Large format prints Per Page $35.29 $36.16 $0.87 2.5% Fair Political Practices Commission (State Regulated) Per Page $0.11 $0.10 -$0.01 -4.9% Fair Political Practices Commission (older than five (5) years)(State Reg) Per Page $5.26 $5.00 -$0.26 -4.9% Property Liens Administrative Fee Each $252.65 $258.91 $6.26 2.5% Returned Check Charge (State Regulated)
First returned check Each $25.00 $25.00 $0.00 0.0%
Subsequent checks Each $35.00 $35.00 $0.00 0.0%
Sign Removal (Public Right-of-Way) (All except Political Signs) Each $25.00 $25.00 $0.00 0.0% Sign Recovery Fee for Political Signs Each $25.00 $25.00 $0.00 0.0% Small Income Business License Each $94.49 $96.83 $2.34 2.5% Solicitor Permit (Includes fingerprinting) Each $505.30 $517.82 $12.52 2.5% Renewals Each $126.33 $129.46 $3.13 2.5%
Taxi Driver Permit (Includes fingerprinting/background check) Each $1,010.61 $1,035.64 $25.03 2.5% Renewals Each $126.33 $129.46 $3.13 2.5%
Tobacco Retailer (County Regulated Fee)
Application Fee Each Current County Cost Current County Cost Annual Fee Annual Current County Cost Current County Cost Williamson Act Filings Each $149.83 $153.54 $3.71 2.5%
Video/Audio Service
DVD/CD Each $26.45 $27.11 $0.66 2.5%
Flash Drive Each $28.55 $29.26 $0.71 2.5%
* Actual cost is: 1) Fully burdened employee costs as calculated through the 2023 Cost Allocation Plan and 2) cost of materials, contractors, and supplies.
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CITY OF CUPERTINO
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule B - Engineering
Unit FY 2025-26 Fee FY 2026-27 Proposed
Fee YOY $ ▲ YOY % ▲
Each $667 $692 $26 3.8%
Each $461 $479 $18 3.8%
Each $1,172 $1,217 $45 3.8%
Each Double the permit cost Double the permit cost
Each $2,432 $2,526 $94 3.8%
Each $1,916 $1,990 $74 3.8%
Each $3,895 $4,045 $150 3.8%
Each/% of Project 5% of Project Costs and/or
$282 per inspection
5% of Project Costs and/or
$293 per inspection $11 3.9%
Per Permit $579 $602 $22 3.8%
Each No Charge No Charge
Each $1,483 $1,540 $57 3.8%
Each/% of Improv. Greater of $5365 or 6% of
cost of improvement
Greater of $5571 or 6% of
cost of improvement $206 3.8%
Each $9,195 $9,549 $354 3.8%
Each $15,013 $15,590 $577 3.8%
Each $1,428 $1,483 $55 3.8%
Per Hour $349 $362 $13 3.7%
Per Hour $349 $362 $13 3.7%
Each/% of Improv. Greater of $6203 or 5% of
cost of improvement
Greater of $6442 or 5% of
cost of improvement $239 3.9%
Each/% of Improv. Greater of $11768 or 5% of
cost of improvement
Greater of $11142 or 5% of
cost of improvement $413 3.8%
Each $1,743 $1,810 $67 3.8%
Per Hour $208 $216 $8 3.8%
Each *Cost of review + City
Administrative Fee
*Cost of review + City
Administrative Fee
Each $697 $724 $27 3.8%
Each $3,863 $4,011 $149 3.8%
Each $2,388 $2,480 $92 3.8%
Each $2,388 $2,480 $92 3.8%
Each $4,624 $4,802 $178 3.8%
Per Unit $6,797 $6,797 $0 0.0%
Per Unit $4,215 $4,215 $0 0.0%
Per s.f. $11 $11 $0 0.0%
Per s.f. $19 $19 $0 0.0%
Per Room $3,728 $3,728 $0 0.0%
Per trip $6,862 $6,862 $0 0.0%
Each $16 $16 $0 0.0%
Each $90 $90 $0 0.0%
Per Hour $349 $362 $13 3.8%
- Hotel
- Other (per PM trip)
Transportation Permit (State Regulated Fee)
- Single
- Annual Utility Company
- Additional Engineering Investigation or Coordination
Transportation Impact Fee
- Single Family
- Multi-Family
(Includes apartments, condos, and townhomes)
- Retail
- Office
Public Works Confirmation
Annexation (plus County filing fee)
Certificates of Compliance
- Initial Review
- Finalize Certificates
Lot Line Adjustment
- Residential
- Commercial
Planning Application Review
VMT Monitoring Fee
Professional Services 3rd Party Consultant Review
*Per Outside Agency Review/Services on Schedule A - General - Tract Map (> 4 lots)
Plan Check and Inspection
- Stand Alone Building Permit Review
Additional Plan Review - 3 or more reviews
Revisions to Plans and Permits
Review of Public/Private Improvement Plans:

Crane Lift
Grading permit
- <10,000 s.f. lot
- 10,000 s.f or greater
Parcel Map/Tract Map (Map Checking Fee)
- Parcel Map (1-4 lots)
- Small Cell Facility Encroachment Permit
Street Cuts Miscellaneous
- Minor Street Cuts
- Major Street Cuts
- Special Major Permit (projects in excess of $30,000 or over 15 working days) Permit Extension

FEE DESCRIPTION
Encroachment Permits
- Minor Encroachment Permits (Local Streets)
- Minor Encroachment Permits (Utility)
- Major Encroachment Permits (Arterials and Collectors) - Work without Permit
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CITY OF CUPERTINO
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule B - Engineering
Unit FY 2025-26 Fee FY 2026-27 Proposed
Fee YOY $ ▲ YOY % ▲
Each $809 $840 $31 3.8%
Deposit $5,014 $5,207 $193 3.8%
Each No Charge No Charge
Each $3,510 $3,645 $135 3.8%
Each $5,462 $5,673 $210 3.8%
Each $2,848 $2,958 $110 3.8%
Each $1,766 $1,834 $68 3.8%
Each $1,234 $1,281 $47 3.8%
Each $329 $342 $13 3.8%
Each $1,548 $1,608 $60 3.8%
Each $1,260 $1,309 $48 3.8%
Each No Charge No Charge
Each $511 $531 $20 3.8%
Dwelling unit $4,669 $4,664 -$6 -0.1%
Per acre $6,339 $6,331 -$8 -0.1%
Per acre and $4,548 $4,542 -$6 -0.1%
Per unit $345 $344 $0 -0.1%
Per acre $12,246 $12,231 -$15 -0.1%
Per acre $4,666 $4,661 -$6 -0.1%
Per acre $2,357 $2,354 -$3 -0.1%
No charge No charge
Each $476 $494 $18 3.8%
Each $173 $180 $7 3.8%
Each $346 $359 $13 3.8%
Each $0 $359 $359 -
Each $2,432 $2,526 $94 3.8%
Hour $319 $331 $12 3.8%
Technology Fee Per Permit 5.8% 5.8% 0% 0.0%
Single Family
Multi-Family
Commercial
Storm Management Plan Fee
Public Works Staff Time
Public Facility Uses
Stormwater Permit Inspections - Commercial
Initial Inspection
Re-Inspection for Violations
Environmental Programs Plan Review Fee
*Maximum chargeable dwelling units of 20 units per acre.

Commercial and Industrial
Public Educational Uses
Low-Density Residential (Less than one dwelling unit per acre hillside zoning only) Single-Family Residential greater than one dwelling unit per acre and less than 5.2 dwelling units per acre
Multiple Family greater than 5.2 dwelling units per acre - Implementation phase
- Permit Parking Bi-annual Fee
Streamside Permit
Master Storm Drain Area Fees:

Certificate of Correction
Floodplain Evaluation/Elevation Certificate Review
Permit Parking Study
- Application Phase
- Summary Vacation
- Full Vacation
Rural/Semi-Rural Classification Application
- Application Phase
- Implementation phase

FEE DESCRIPTION
Banners
- Large Banners Across Stevens Creek Boulevard
Special Events/Parades
Block Party
Vacation of Public Street ROW/PUE
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CITY OF CUPERTINO
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule B - Engineering
Unit FY 2025-26 Fee FY 2026-27 Proposed
Fee YOY $ ▲ YOY % ▲
$105,000/DU $105,000/DU $0 0.0%
$60,000/DU $60,000/DU $0 0.0%
$60,000/DU $60,000/DU $0 0.0%
$54,000/DU $54,000/DU $0 0.0%
$30,000/DU $30,000/DU $0 0.0%
$15,000 or proportional
to the size of the main
DU, whichever is less
$15,000 or proportional
to the size of the main
DU, whichever is less
$0 0.0%
Each $562 $584 $21 3.8%
Each Actual costs Actual costs
PUBLIC TREE DAMAGE OR REMOVAL FEE SCHEDULE:

This fee schedule is defined in Chapter 14.12 and establishes the fee to be paid to the City for damage to and/or removal of public trees.

Repeat offenders, intentional actors and professionals, as defined in Chapter 14.12, shall be subject to the following fees Public Tree Damage Fee:

Public Tree Removal Fee:

FEE = UNMODIFIED TREE VALUE x SPECIES RATING x CONDITION RATING For inputs, use the following values:

UNMODIFIED TREE Refer to Unmodified Tree Value Table
SPECIES RATING Refer to Species Rating Table
CONDITION RATING Good = 1.00, Fair = 0.75, Poor = 0.50
The fee for trees less than 4 inches in diameter shall not be reduced by species or condition rating 1st time offenders, as defined in Chapter 14.12, shall be subject to a fee of 10% of the Public Tree Damage Fee or 10% of the Public Tree Removal Fee as defined below or $600, whichever is higher, per public tree damaged and/or removed. No additional costs, such as stump removal, trimming, or replanting will apply. $100 per cumulative diameter inch of branch or root plus, if any, the actual costs incurred for immediate corrective pruning plus, if any, the calculated costs for future corrective pruning, as may be required to maintain the health of the tree.

The fee for each tree removed shall be based upon the unmodified value of the tree removed (based upon diameter), multiplied by the species rating, multiplied by the condition rating.

Trees larger than 40” shall have the fee determined by the most recent edition of the 'Guide for Plant Appraisal', published by the Council of Tree and Landscape Appraisers, using the trunk formula method.
* Park Land Dedication Fees are calculated per Municipal Code section 13.08. On an annual basis, Public Works Department updates the fair market value of land based on appraised values of land sales. ** ADU Park Land Dedication Fee is based on the density of the property per Municipal Code section 13.08, or proportionally to the size of the main dwelling unit as stipulated by State ADU mandates.

New Public Tree Cost Schedule:

Public Tree Planting Cost:
24" Street Tree
36" Street Tree or Larger
0 - 5
5 - 10
10 - 20
20+
Senior Citizen Housing Dev.

ADU 750 SF or more**

FEE DESCRIPTION
Park Land Dedication In-Lieu Fee*
Density of Dwelling Units/Ac
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CITY OF CUPERTINO
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule B - Engineering
No additional costs, such as stump removal, trimming or replanting will apply.

Unmodified Tree Value Table:

Tree size (diameter of trunk)
1” to 2” $348
2” to 3” $348
3” to 4” $1,039
4” to 5” $1,039
5” to 6” $1,404
6” to 7” $1,851
7” to 8” $2,378
8” to 9” $2,987
9” to 10” $3,677
10” to 11” $4,449
11” to 12” $5,301
12” to 13” $6,235
13” to 14” $7,249
14” to 15” $8,345
15” to 16” $9,522
16” to 17” $10,780
17” to 18” $12,120
18” to 19” $13,540
19” to 20” $15,042
20” to 21” $16,625
21” to 22” $18,290
22” to 23” $20,036
23” to 24” $21,862
24” to 25” $23,769
25” to 26” $25,758
26” to 27” $27,829
27” to 28” $29,980
28” to 29” $32,212
29” to 30” $34,527
30” to 31” $36,920
31” to 32” $39,396
32” to 33” $41,954
33” to 34” $44,593
34” to 35” $47,312
35” to 36” $50,113
36” to 37” $52,995
37” to 38” $55,958
38” to 39” $59,003
39” to 40” $62,128
Measurement shall be measured 4.5 feet above the ground level and rounded down to the nearest whole inch If the tree is multi-trunk, use 1.5 times the diameter of the largest trunk to determine fee If the tree is removed to the ground, tree inventory data will be used to determine the trunk diameter If there is tree damage 4-5 feet above the ground, trunk diameter is to be measured 1 foot above ground level and 1 inch is to be subtracted from the diameter to determine fee.
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CITY OF CUPERTINO
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule B - Engineering
Common Name Species Rating%
Acacia ACACIA 60
Blackwoodacaia ACACIA MELANOXYLON 60
Trident maple ACER BUERGERIANUM 90
Big leaf maple ACER MACROPHYLLUM** 100
Japanese maple ACER PALMATUM 90
Red maple ACER REBRUM 70
Silver maple ACER SACCHARINUM 80
California buckeye AESCULUS CALIFORNICA** 100
Red hoursechesnut AESCULUS X CARNEA 90
Tree of heaven AILANTHUS ALTISSIMA 0
Silk tree ALBIZIA JULIBRISSIN 50
Black Alder ALNUS GLUTINOSA 80
Strawberry madrone ARBUTUS MARINA 90
Madrone ARBUTUS MENZIESII 100
Hong Kong orchid BAUHINIA BLAKEANA 75
Birch BETULA ALBA 60
Incense cedar CALOCEDRUS DECURRENS 80
Horsetail tree CASUARINA EQUISETIFOLIA 75
Blue atlas cedar CEDRUS ATLANTICA** 100
Deodora cedar CEDRUS DEODARA** 100
Chinese hackberry CELTUS SINENSIS 65
Carob tree CERATONIA SILIQUA 70
Redbud(eastern) CERCIS CANADENSIS 75
Camphor tree CINNAMOMUM CAMPHORA 70
Citrus CITRUS SP 40
English hawthorn CRATAEGUS LAEVIGATA 70
Cypress CUPRESSACEAE 80
Italian cypress CUPRESSUS SEMPERVIREN 80
Japanese persimmon DIOSPYROS KAKI 40
Loquat ERIOBOTRYA DEFLEXA 60
Blue gum tree EUCALYPTUS GLOBULUS 70
Eucalyptus EUCALYPTUS SP 60
Misson fig FICUS CARICA 40
Autumn purple ash FRAXINUS AMERICANA 80
Raywood ash FRAXINUS ANGUSTIFOLIA 'RAYWOOD' 80
Moraine ash FRAXINUS HOLOTRICHA 80
Shamel ash FRAXINUS UHDEI 80
Modesto ash FRAXINUS VELUTINA 'MODESTO' 80
Australian willow GEIJERA PARVIFOLIA 80
Maidenhair GINKO BILOBA 80
Honey locust GLEDITSIA TRIACANTHOS 70
Silk oak tree GREVILLEA ROBUSTA 70
English holly ILLEX AQUIFOLIUM 40
Jacaranda JACARANDA MIMMOSIFOLIA 70
Walnut JUGLANS 70
Species Rating Table
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CITY OF CUPERTINO
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule B - Engineering
Common Name Species Rating%
Black walnut JUGLANS HINDSII 70
Chinese flame tree KOELREUTERIA BIPINNATA 80
Muskogee crape myrtle LAGERSTROMIA 'MUSKOGEE' 80
Nanchez crape myrtle LAGERSTROMIA 'NANCHEZ' 80
Tuscarora crape myrtle LAGERSTROMIA 'TUSCARORA' 80
Sweet bay LAURUS NOBILIS 80
Japanese privit LIGUSTRUM JAPONICUM 30
American sweetgum LIQUIDAMBER STYRACIFLUA 40
Tulip tree LIRIODENDRON 60
Brisbane box tree LOPHOSTEMON CONFERTUS 90
Magnolia MAGNOLIA GRANDIFOLIA RUSSET 75
Magnolia (dwarf) MAGNOLIA GRANDIFOLIA ST MARY 75
Saucer magnolia MAGNOLIA SOLINGIANA 75
Crabapple tree MALUS FLORIBUNDA 90
Apple MALUS SP 40
Mayten tree MAYTENUS 70
Malaleuca(broad leaf) MELALEUCA LEUCADENDRA 60
Malaleuca(narrow leaf) MELALEUCA LINARIFOLIA 60
Dawn redwood METASAQUOIA GLYPTOSTROBOIDES 100
Fruitless mulberry MORUS ALBA 40
Black mulberry MORUS NIGRA 40
Myoprum MYOPORUM LAETUM 70
Oleander tree NERIUM OLEANDER 40
Olive OLEA EUROPAEA 70
Devilwood OSMANTHUS AMERICANUS 0
Palm PALM* 40
Avocado PERSEA AMERICANA 60
Red leaf photinia PHOTINIA GLABRA 60
Spruce PICEA 80
Colorado spruce PICEA PUNGENS 80
Colorado blue spruce PICEA PUNGENS 'GLAUCA' 80
Italian stone pine PINUS PINEA 90
Pine PINUS SP 30
Chinese pistacio PISTACIA CHINENSIS 80
Lemonwood tree PITTOSPORUM EUGENIOIDES 40
Japanese cheesewood PITTOSPORUM TOBIRA 40
London plane 'colombiana' PLATANUS COLUMBIANA 95
Western Sycamore PLATANUS RACEMOSA** 100
London plane 'bloodgood' PLATANUS X HISPANICA 'BLOODGOOD' 95 Yew pine PODOCURPUS MACROPHYLLUS 75
Poplar POPULUS 60
Flowering cherry PRUNUS AKEBONO 80
Wild Plum PRUNUS AMARACANA 40
Almond tree PRUNUS ALMOND 50
Apricot tree PRUNUS APRICOT 40
Species Rating Table
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CITY OF CUPERTINO
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule B - Engineering
Common Name Species Rating%
Fruiting cherry PRUNUS AVIUM 0
Carolina cherry PRUNUS CAROLINIANA 60
Purple leaf plum PRUNUS CERASFERA KRAUTER VESUVIUS 70
Peach tree PRUNUS PERSICA 40
Douglas fir PSEUDOTSUGA MENZIESII 80
Guava PSIDIUM GUAJAVA 40
Pomegranate PUNICA GRANATUM 40
Aristocrat Flowering pear tree PYRUS CALLERYANA 'ARISTOCRAT' 75 Bradford flowering pear PYRUS CALLERYANA 'BRADFORD' 75
Chanticleer flowering pear PYRUS CALLERYANA 'CHANTICLEER' 75 Evergreen flowering pear PYRUS KAWAKAMII 75
Asian pear PYRUS PYRIFOLIA 40
Oak QUERCUS 90
Coast live oak QUERCUS AGRIFOLIA** 100
White oak QUERCUS ALBA 90
Texas red oak QUERCUS BUCKEYI 90
Sierra oak QUERCUS CAMBII 90
Blue oak QUERCUS DOUGLASII** 100
Forest green oak QUERCUS FRAINETTO 90
Holly oak QUERCUS ILEX 90
Black oak QUERCUS KELLOGGII** 100
Valley oak QUERCUS LOBATA** 100
Red oak QUERCUS SUBER 90
Cork oak QUERCUS SUBER 90
Southern live oak QUERCUS VIRGINIANA 100
Interior live oak QUERCUS WISLIZENI** 100
African sumac RHUS LANCIA 70
Weeping willow SALIX BABYLONICA 40
Wild willow SALIX SCOULERIANA 0
California pepper tree SCHINUS MOLE 40
Brazilian pepper tree SCHINUS TEREBINTHEFOLIUS 40
Coast redwood SEQUIOA SEMPRIVIRONS 95
Giant sequioa SEQUOIADENDRON GIGANTEUM 80
Japanese pogoda SOPHORIA JAPONICA 70
Chinese tallow TRIADICA SEBIFERA 50
Water gum TRISTANIA LAURINA 70
Bosque chinese elm ULMAS PARVIFOLIA 'BOSQUE' 90
Chinese elm ULMUS PARVIFOLIA 70
Siberian elm ULMUS PUMILA 60
Bay laurel UMBELLULARIA CALIFORNICA** 100
Mexican fan palm WASHINGTON ROBUSTA 0
Spanish dagger yucca YUCCA GLORIOSA 0
Zelkova ZELKOVA SERRATA 65
*All palms on Palm Avenue are protected heritage trees and will be rated @ 100% **Protected tree species
Species Rating Table
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CITY OF CUPERTINO
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule C - Planning

DEFINITIONS
P. Legal Noticing Fee: Assessed for all permit applications that require noticing (CMC Chapter 19.12).

Note: Mixed use applications will be classified based upon the highest intensity and review process. The Director of Community Development will have discretion to classify projects based upon the above criteria.

G. Major Architectural and Site Approval: Architectural approval of all other development projects (CMC Chapter 19.12).

H. Minor Modification: An application that is administratively reviewed by staff either at an advertised public hearing/meeting or in a non-hearing process (CMC Chapter 19.164).

I. Exceptions: An exception to the zoning standards for which an exception process and findings are identified in the Municipal Code. These include Fence, Sign, Height, Hillside, Parking, R-1, A, A-1, and R1 cluster zone exceptions. This also includes exceptions identified in the City's Specific Plans (CMC Chapter 19.12 and Title 20).

J. Project Review Meeting: Request for a one hour meeting by an applicant to review a project with City staff without any K. Preliminary Review: One round of informal review of any proposed project with written feedback from City staff.

L. Temporary Sign Permit: A review of a temporary sign application for banners, A-frame signs and other temporary signs M. Sign Permit: For signs that require a public meeting such as freeway oriented signage, electronic readerboard signs etc. (CMC Chapter 19.104) N. Extension Permit: A one-time one-year extension of the planning permit expiration date (CMC Chapter 19.12).

O. Appeal: A request from the project applicant or interested party to reverse or amend a decision made by the approval authority. Fee Exemption for: an appointed public official serving on the board that made the decision subject to the appeal, an appointed public official serving on a board that is directly affected by the decision and City Council members. At the conclusion of a City Council appeal hearing, it may choose to, at its sole discretion, refund all, a portion of, or none of the appeal fee (CMC Chapter 19.12).

Q. Special Events Permit: A request to host a special event for no more than a total of 12 calendar days in a year including, but not limited to, employee holiday party, summer barbeque, any outdoor event where normal operations occur indoors, car sales/show event, events located in parking lots where such uses are not authorized ordinarily. Large events involve an entire shopping center, office or industrial buildings/sites, and other commercial sites.

Small events typically involve individual businesses/tenants in a shopping center or building. Staff reserves the right to determine the applicable event type based on the project description provided. Churches/non-profits operating on property in their control are exempt from fees.

R. Housing Mitigation Fee: A fee assessed in accordance with the City's General Plan Housing Element, Municipal Code (CMC 19.172) and the City's BMR Housing Mitigation Program Procedural Manual.

F. Minor Architectural and Site Approval: Architectural approval of the following: minor building modifications, landscaping, signs and lighting for new development, redevelopment or modification in such zones where such review is required and Public Art applications (CMC Chapter 19.12).

A. Parcel Map: Subdivisions, including ministerial subdivisions - up to four (4) parcels (CMC Chapter 18.20).

B. Tentative map: Subdivisions - five (5) or more parcels (CMC Chapter 18.16).

C. Minor: for ten thousand square feet or less of commercial and/or industrial and/or office and/or other non-residential use, or six or less residential units D. Major: for more than ten thousand square feet of commercial and/or industrial and/or office and/or other non-residential use, or greater than six residential units (CMC Chapter 19.12).

E. Minor Architectural and Site Approval - Duplex/Residential: Architectural approval of single family homes in a planned development zoning district, redevelopment or modification of duplexes, and associated landscaping, where such review is required (CMC Chapter 19.12). 242
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CITY OF CUPERTINO
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule C - Planning
Fee Description 1 Unit FY 2025-26 Fee FY 2026-27 Proposed Fee YOY $ ▲ YOY % ▲
Planning Staff Hourly Rate 2 Per Hour $318 $330 12.00 3.8% General Plan
Authorization Deposit Staff Hourly Rate Staff Hourly Rate Amendment Deposit Staff Hourly Rate Staff Hourly Rate
Zoning
Zoning Map Amendment Deposit Staff Hourly Rate Staff Hourly Rate Zoning Text Amendment Deposit Staff Hourly Rate Staff Hourly Rate Single-Story Overlay District Deposit Staff Hourly Rate Staff Hourly Rate Study Session Deposit Staff Hourly Rate Staff Hourly Rate Subdivision
SB9 Lot Line Split Each $10,885 $11,304 419.13 3.9%
Parcel Map (See Definition A) Each $30,047 $31,203 1,156.00 3.8% Tentative Map (See Definition B) Each $51,639 $53,625 1,986.00 3.8% Conditional Use/Development Permit
Temporary Use Permit Each $5,573 $5,787 214.00 3.8%
Administrative Conditional Use Permit Each $11,761 $12,213 452.00 3.8% Minor (See Definition C) Each $28,250 $29,337 1,087.00 3.8% Major (See Definition D) Each $43,109 $44,767 1,658.00 3.8% Amendment to Conditional Use/Development Permit
Minor (See Definition C) Each $12,744 $13,234 490.00 3.8% Major (See Definition D) Each $27,500 $28,558 1,058.00 3.8% Architectural and Site Approval Permit
Minor Duplex / Residential/Public Art (See Definition E) Each $11,728 $12,179 451.00 3.8% Minor (See Definition F) Each $18,299 $19,003 704.00 3.8% Major (See Definition G) Each $27,917 $28,991 1,074.00 3.8% Single Family (R-1) Residential Permits
Minor Residential Permit Each $4,414 $4,584 170.00 3.9% Two-Story Permit without Design Review Each $5,523
Two-Story Permit with Design Review Each $6,745 $7,004 259.00 3.8% Director's Minor Modification (See Definition H) Each $6,030 $6,262 232.00 3.8% Ministerial Residential Permit
Miscellaneous Ministerial Permit Each $4,992 $5,184 192.00 3.8% Exceptions (See Definition I)
Fence Exception - R1 & R2 Each $5,126 $5,323 197.00 3.8% Fence Exception - Other Each $5,686 $5,905 219.00 3.9%
Sign Exception Each $7,657 $7,952 295.00 3.9%
R-1 Exception Each $8,579 $8,909 330.00 3.8%
Heart of the City Exception Each $27,560 $28,620 1,060.00 3.8% Hillside Exception Each $26,287 $27,298 1,011.00 3.8%
Exception - Other Each $8,711 $9,046 335.00 3.8%
Variance Each $9,961 $10,344 383.00 3.8%
Reasonable Accommodation Each $1,978 $2,054 76.00 3.8%
Project Review Meeting (See Definition J) Per Review $2,747.00 $2,853.00 106.00 3.9% Preliminary Application Review (See Definition K)
Single Family Per Review $2,780.00 $2,887.00 107.00 3.8% Non-Residential (Retail/Industrial/Office/Hotel)
<10,000 sf Per Review $6,023.00 $6,255.00 232.00 3.9%
≥10,000 sf Per Review $10,475.00 $10,878.00 403.00 3.8% Residential / Mixed Use:

Duplex Per Review $2,184.00 $2,268.00 84.00 3.8%
3-6 Units Per Review $9,627.00 $9,997.00 370.00 3.8%
7-50 Units Per Review $14,862.00 $15,434.00 572.00 3.8% >50 Units Per Review $21,451.00 $22,276.00 825.00 3.8%
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CITY OF CUPERTINO
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule C - Planning
Fee Description Unit FY 2025-26 Fee FY 2026-27 Proposed Fee YOY $ ▲ YOY % ▲
Tree Removal Permit
Tree Removal Permit (no Arborist review required)
First Tree Per Tree $465 $483 18.00 3.9%
Each Additional Tree Per Tree $183 $190 7.00 3.8%
Tree Removal Permit (Arborist review required)
First Tree Per Tree $851 $884 33.00 3.9%
Each Additional Tree Per Tree $274 $285 11.00 4.0%
Retroactive Tree Removal Per Tree $6,055 $6,288 233.00 3.8% Heritage Tree Designation Each $463 $481 18.00 3.9%
Tree Management Plan Each $8,721 $9,056 335.00 3.8%
Signs
Temporary Sign Permit (See Definition L) Each $607 $630 23.00 3.8% Sign Permit (See Definition M) Each $8,262 $8,580 318.00 3.8% Sign Program Each $4,888 $5,076 188.00 3.8%
Planning Commission Interpretation Each $8,834 $9,174 340.00 3.8% Extension of Approved Entitlements (See Definition N) Each $2,307 $2,396 89.00 3.9% Environmental Assessment
Environmental Impact Report (Does not include Plus State & County Fil Each Contract+Admin Fee Contract+Admin Fee Negative Declaration - Major (Does not include Plus State & County Filin Each Contract+Admin Fee Contract+Admin Fee Negative Declaration - Minor (Does not include Plus County Filing Fee) Each Contract+Admin Fee Contract+Admin Fee Statutory/Categorical Exemption (Does not include Plus County Filing FEach $440 $457 17.00 3.9% Appeals (See Definition O)
Planning Commission Each $554 $575 21.00 3.8%
City Council Each $554 $575 21.00 3.8%
Miscellaneous Fees
Legal Noticing Fee (See Definition P) Each $578 $600 22.00 3.8% Mercury News Ad Each Actual Cost + Admin
Fee
Actual Cost + Admin
Fee
Required Mailing Postage Each Actual Cost + Admin
Fee
Zoning Verification Letter Each $639 $664 25.00 3.9%
Public Convenience and Necessity Letter (Alcoholic Beverage License) Each $319 $331 12.00 3.8% Short-Term Rental Each $449 $466 17.00 3.8%
Mobile Vending Registration Fee Each $601 $624 23.00 3.8% Special Events (See Definition Q)
Large Event Each $5,359.00 $5,565.00 206.00 3.8%
Small Event Each $500.00 $500.00 0.00 0.0%
Planning Inspection Per Inspection $472.00 $490.00 18.00 3.8% Technology Fee Per Permit 5.8% 5.8%
Fees Assessed with Building Permits
Wireless Master Plan Fees (at Building Permit Issuance) Equipment Mounted on Existing Light/Utility Pole Each $11.28 $11.71 0.43 3.8% New Personal Wireless Facility (not mounted on light/utility pole) Each $2,458 $2,553 95.00 3.9% Zoning, Planning, Municipal Code Fees (at Building Permit Issuance) 3 All Non-Residential and Multi-Family Per s.f. $1.67 $1.73 0.06 3.6% Residential Single Family Per s.f. $1.67 $1.73 0.06 3.6% General Plan Office Allocation Fee Per s.f. $1.67 $1.73 0.06 3.6% Planning Department Review fee as assessed at permit submittal (New Construction and Additions) (Payable at permit submittal) Each 20% of Plan Check and
Inspection fees
20% of Plan Check and
Inspection fees
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CITY OF CUPERTINO
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule C - Planning
Fee Description Unit FY 2025-26 Fee FY 2026-27 Proposed Fee YOY $ ▲ YOY % ▲
FOR INFORMATIONAL PURPOSES ONLY: 34
Housing Mitigation In-Lieu Fees 2 4 (See Definition R)
Residential - Ownership
Detached Single Family Residence Per s.f. $22.45 $23.01 0.56 2.5% Small Lot Single Family Residence or Townhome Per s.f. $24.70 $25.31 0.61 2.5% Multi-family Attached Townhome, Apartment, or Condominium (up to 35 du/ac)
Per s.f. $29.94 $30.68 0.74 2.5%
Multi-family Attached Townhome, Apartment, or Condominium (over 35 du/ac)
Per s.f. $29.94 $30.68 0.74 2.5%
Residential - Rental
Multi-family Attached Townhome, Apartment, or Condominium (up to 35 du/ac)
Per s.f. $29.94 $30.68 0.74 2.5%
Multi-family Attached Townhome, Apartment, or Condominium (over 35 du/ac)
Per s.f. $37.42 $38.35 0.93 2.5%
Non-Residential
Office, Research and Development, or Industrial Per s.f. $35.48 $36.36 0.88 2.5% Hotel Per s.f. $17.74 $18.18 0.44 2.5%
Self-storage, employee unit provided Per s.f. $0.66 $0.68 0.02 2.5% Self-storage, employee unit not provided Per s.f. $1.40 $1.43 0.03 2.5% Warehouse Per s.f. $49.29 $50.51 1.22 2.5%
Commercial/Retail Per s.f. $14.97 $15.34 0.37 2.5%
1 A. Based on 2023 Fee and Cost Allocation Plan Study by Matrix Consulting 1 B. All application fees except those project subject to the Planning Staff Hourly Rate fee (see note 2) allow for two rounds of review. Any submissions beyond two shall be subject to a fee equal to 50% of the total permit fees paid initially.
2A. Applications may be subject to a Planning Staff Hourly Rate fee for applicable staff time, and vendor invoice. These fees apply to projects that require a level of staff support greater than the scope of work included in the regular fee schedule and will be based on the time and materials required to process the entire project. The applicant will be notified if these fees are applicable to their project. The applicant will be required to enter into a Reimbursement Agreement with the City for such projects. 34 All Housing Mitigation Fees are assessed in accordance with the BMR Housing Mitigation Manual. Non-residential Housing Mitigation In-lieu Fees are based on the 2015 and the 2020 Supplement to the Non-Residential Nexus Analysis by Keyser Marsten. Residential Housing Mitigation In-lieu Fees are based on the 2015 Nexus Study. These fees increase automatically annually (on July 1 of each year) by the Consumer Price Index of All Urban Consumers for San Francisco, CA.

An administrative fee (15%) will be charged for outside agency review/consultant services/outside services (ads etc.) per Schedule A - General Fees.

If plans are submitted on paper, these must be sent to an outside agency for scanning. The cost of scanning the plans, plus the administrative fee per Schedule A - General Fees will be charged.
2B Any site visits and/or meetings with propective applicants are subject to a Planning Staff Hourly Rate fee for applicable staff time. 3 For new non-residential (including office) and multi-family construction or rebuild projects, the Non-Residential and Multi-Family Planning and Municipal Code fee shall apply.

For new office construction or rebuilds, the General Plan Office Allocation Fee shall also apply. For new single family construction or rebuild projects, the single family Planning and Municipal Code fee shall apply. See the City's Existing vs. New Construction Comparison Matrix for definitions of new construction and rebuilds. 245
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City of Cupertino, CA
Resolution 26-XXX
Fee Effective July 1, 2026
Schedule D - Table 1 Plan Check and Inspection Fees
All rates increased by the City's Labor Cost Change (3.85%) Related IBC
Class
Building Use
(e.g., IBC Occupancy Type) Sq. Ft. Permit Tech Cost
Plan Check
Cost
Inspection
Cost
Plan Check
Cost Inspection Cost
A Assembly 250 $133 $4,740 $4,462 $126.41 $132.29
1,250 $266 $6,004 $5,652 $126.41 $142.80
2,500 $266 $7,584 $7,437 $101.13 $5.32
5,000 $399 $10,113 $7,437 $25.28 $39.67
12,500 $399 $12,009 $10,412 $22.75 $34.38
25,000 $532 $14,853 $14,577 $59.41 $60.44
A A Occupancy Tenant Improvements 500 $266 $3,792 $4,462 $47.40 $87.67 2,500 $532 $4,740 $5,950 $50.56 $83.30
5,000 $532 $6,004 $8,032 $44.24 $5.32
10,000 $798 $8,216 $8,032 $8.43 $21.82
25,000 $798 $9,481 $11,305 $8.85 $18.91
50,000 $1,064 $11,693 $15,767 $23.39 $33.66
B Business 1,000 $266 $6,004 $6,545 $39.50 $58.71
5,000 $532 $7,584 $8,627 $44.24 $53.55
10,000 $532 $9,797 $11,305 $34.76 $29.43
20,000 $798 $13,273 $13,982 $7.37 $6.94
50,000 $798 $15,485 $16,065 $7.58 $13.03
100,000 $1,064 $19,277 $22,312 $19.28 $23.38
B B Occupancy Tenant Improvements 300 $133 $4,740 $3,570 $105.34 $135.03 1,500 $266 $6,004 $5,057 $105.34 $79.33
3,000 $266 $7,584 $6,247 $94.81 $4.43
6,000 $399 $10,429 $6,247 $17.56 $29.75
15,000 $399 $12,009 $8,925 $18.96 $22.70
30,000 $532 $14,853 $12,197 $49.51 $42.43
E Educational 100 $133 $4,740 $3,570 $316.02 $330.73
500 $266 $6,004 $4,760 $316.02 $356.99
1,000 $266 $7,584 $6,545 $284.42 $13.29
2,000 $399 $10,429 $6,545 $52.67 $89.25
5,000 $399 $12,009 $9,222 $56.88 $74.06
10,000 $532 $14,853 $12,792 $148.53 $133.24
E E Occupancy Tenant Improvements 100 $133 $3,476 $3,570 $237.01 $256.35 500 $266 $4,424 $4,462 $252.81 $297.49
1,000 $266 $5,688 $5,950 $189.61 $13.29
2,000 $399 $7,584 $5,950 $42.14 $79.33
5,000 $399 $8,849 $8,330 $44.24 $68.11
10,000 $532 $11,061 $11,602 $110.61 $121.34
F Factory Industrial 1,000 $266 $6,636 $6,842 $23.70 $51.27 5,000 $532 $7,584 $8,627 $37.92 $53.55
10,000 $532 $9,481 $11,305 $41.08 $29.43
20,000 $798 $13,589 $13,982 $6.32 $6.94
50,000 $798 $15,485 $16,065 $3.79 $13.03
100,000 $1,064 $17,381 $22,312 $17.38 $23.38
F F Occupancy Tenant Improvements 1,000 $266 $5,372 $5,355 $31.60 $51.27 5,000 $532 $6,636 $7,140 $37.92 $47.60
10,000 $532 $8,532 $9,520 $31.60 $2.66
20,000 $798 $11,693 $9,520 $6.32 $12.89
50,000 $798 $13,589 $13,387 $6.32 $11.24
100,000 $1,064 $16,749 $18,742 $16.75 $19.81
H High Hazard 100 $133 $6,636 $4,760 $395.02 $405.10
500 $266 $8,216 $6,247 $505.63 $356.99
1,000 $266 $10,745 $8,032 $379.22 $13.29
2,000 $399 $14,537 $8,032 $84.27 $109.08
5,000 $399 $17,065 $11,305 $82.16 $91.91
10,000 $532 $21,173 $15,767 $211.73 $162.99
H H Occupancy Tenant Improvements 100 $133 $3,792 $3,570 $237.01 $330.73 500 $266 $4,740 $4,760 $316.02 $356.99
1,000 $266 $6,320 $6,545 $221.21 $13.29
2,000 $399 $8,532 $6,545 $52.67 $89.25
5,000 $399 $10,113 $9,222 $44.24 $74.06
10,000 $532 $12,325 $12,792 $123.25 $133.24
I Institutional 500 $266 $7,584 $5,057 $94.81 $102.54
2,500 $532 $9,481 $6,842 $113.77 $83.30
5,000 $532 $12,325 $8,925 $88.49 $5.32
10,000 $798 $16,749 $8,925 $18.96 $25.78
25,000 $798 $19,593 $12,792 $18.96 $20.10
50,000 $1,064 $24,333 $17,552 $48.67 $37.23
I I Occupancy Tenant Improvements 100 $133 $4,740 $3,570 $316.02 $330.73 500 $266 $6,004 $4,760 $316.02 $297.49
1,000 $266 $7,584 $6,247 $284.42 $13.29
2,000 $399 $10,429 $6,247 $52.67 $89.25
Base Cost1 Cost for each Add. 100 Sq. Ft.1,2
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City of Cupertino, CA
Resolution 26-XXX
Fee Effective July 1, 2026
Schedule D - Table 1 Plan Check and Inspection Fees
All rates increased by the City's Labor Cost Change (3.85%) Related IBC
Class
Building Use
(e.g., IBC Occupancy Type) Sq. Ft. Permit Tech Cost
Plan Check
Cost
Inspection
Cost
Plan Check
Cost Inspection Cost
Base Cost1 Cost for each Add. 100 Sq. Ft.1,2
5,000 $399 $12,009 $8,925 $56.88 $68.11
10,000 $532 $14,853 $12,197 $148.53 $127.29
M Mercantile 2,000 $399 $8,849 $7,437 $31.60 $31.02
10,000 $798 $11,377 $9,520 $31.60 $32.72
20,000 $798 $14,537 $12,792 $25.28 $1.99
40,000 $1,196 $19,593 $12,792 $5.79 $8.92
100,000 $1,196 $23,069 $18,147 $5.69 $7.54
200,000 $1,595 $28,758 $25,287 $14.38 $13.44
M M Occupancy Tenant Improvements 300 $266 $3,792 $4,165 $79.00 $146.11 1,500 $532 $4,740 $5,652 $105.34 $119.00
3,000 $532 $6,320 $7,437 $73.74 $8.86
6,000 $798 $8,532 $7,437 $17.56 $36.36
15,000 $798 $10,113 $10,710 $14.75 $27.56
30,000 $1,064 $12,325 $14,577 $41.08 $52.14
R-1 Residential—Hotels & Motels 3,000 $399 $10,429 $8,627 $23.70 $25.64 15,000 $798 $13,273 $11,305 $25.28 $23.80
30,000 $798 $17,065 $14,875 $20.01 $1.33
60,000 $1,196 $23,069 $14,875 $4.21 $6.94
150,000 $1,196 $26,862 $21,122 $4.42 $5.82
300,000 $1,595 $33,498 $29,452 $11.17 $10.35
R-2 Residential—Apartment Building 800 $266 $8,216 $6,842 $69.13 $73.39 4,000 $532 $10,429 $8,925 $79.00 $66.94
8,000 $532 $13,589 $11,602 $59.25 $3.32
16,000 $798 $18,329 $11,602 $13.17 $19.83
40,000 $798 $21,489 $16,362 $13.43 $17.03
80,000 $1,064 $26,862 $22,907 $33.58 $29.96
R-2 Residential—Apartment Building 800 $266 $316 $6,842 $0.00 $73.39 - Repeat Unit 4,000 $532 $316 $8,925 $0.00 $66.94
8,000 $532 $316 $11,602 $0.00 $3.32
16,000 $798 $316 $11,602 $1.32 $19.83
40,000 $798 $632 $16,362 $0.00 $17.03
80,000 $1,064 $632 $22,907 $0.79 $29.96
R-3 Dwellings—Custom Homes, Models, 1,000 $266 $6,004 $7,140 $21.07 $59.50 First Master Plan 2,500 $266 $6,320 $8,032 $84.27 $59.50 4,000 $266 $7,584 $8,925 $15.80 $87.67
6,000 $532 $7,900 $10,412 $63.20 $29.75
8,000 $532 $9,165 $11,007 $15.80 $87.67
10,000 $798 $9,481 $12,495 $94.81 $132.92
R-3 Dwellings—Production Phase 1,000 $133 $632 $5,057 $0.00 $127.86 of Master Plan (Repeats) 2,500 $266 $632 $6,842 $21.07 $138.83 4,000 $266 $948 $8,925 $15.80 $13.29
6,000 $532 $1,264 $8,925 $15.80 $193.37
8,000 $532 $1,580 $12,792 $15.80 $251.29
10,000 $798 $1,896 $17,552 $18.96 $183.50
R-3 Group Care 1,000 $266 $6,952 $6,842 $47.40 $66.15
5,000 $532 $8,849 $9,222 $50.56 $53.55
10,000 $532 $11,377 $11,900 $41.08 $2.66
20,000 $798 $15,485 $11,900 $8.43 $16.86
50,000 $798 $18,013 $16,957 $8.85 $13.62
100,000 $1,064 $22,437 $23,502 $22.44 $24.57
R R Occupancy Tenant Improvements 80 $266 $2,844 $3,867 $197.51 $371.87 400 $266 $3,476 $5,057 $237.01 $371.87
800 $266 $4,424 $6,545 $197.51 $33.23
1,600 $532 $6,004 $6,545 $39.50 $123.96
4,000 $532 $6,952 $9,520 $47.40 $88.46
8,000 $798 $8,849 $12,792 $110.61 $169.87
S Storage 600 $266 $5,372 $4,760 $65.84 $73.06
3,000 $532 $6,952 $6,247 $63.20 $69.42
6,000 $532 $8,849 $8,330 $52.67 $4.43
12,000 $798 $12,009 $8,330 $10.53 $19.83
30,000 $798 $13,905 $11,900 $11.59 $15.76
60,000 $1,064 $17,381 $16,362 $28.97 $29.04
S S Occupancy Tenant Improvements 600 $266 $4,424 $4,462 $52.67 $73.06 3,000 $532 $5,688 $5,950 $52.67 $69.42
6,000 $532 $7,268 $8,032 $42.14 $4.43
12,000 $798 $9,797 $8,032 $8.78 $18.18
30,000 $798 $11,377 $11,305 $9.48 $15.76
60,000 $1,064 $14,221 $15,767 $23.70 $28.05
U Accessory 40
200
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City of Cupertino, CA
Resolution 26-XXX
Fee Effective July 1, 2026
Schedule D - Table 1 Plan Check and Inspection Fees
All rates increased by the City's Labor Cost Change (3.85%) Related IBC
Class
Building Use
(e.g., IBC Occupancy Type) Sq. Ft. Permit Tech Cost
Plan Check
Cost
Inspection
Cost
Plan Check
Cost Inspection Cost
Base Cost1 Cost for each Add. 100 Sq. Ft.1,2
400
800
1,000 $266 $2,528 $4,165 $31.60 $191.79
2,000 $399 $2,844 $5,950 $47.40 $125.64
4,000 $532 $3,792 $8,330 $94.81 $221.54
Standard Comm. Foundation 500 $266 $3,160 $4,462 $31.60 $87.67 w/o Podium 2,500 $532 $3,792 $5,950 $50.56 $71.40
5,000 $532 $5,056 $7,735 $37.92 $5.32
10,000 $798 $6,952 $7,735 $6.32 $21.82
25,000 $798 $7,900 $11,007 $7.58 $17.72
50,000 $1,064 $9,797 $15,172 $19.59 $32.47
Standard Comm. Foundation 500 $266 $3,476 $4,760 $47.40 $87.67 with Podium 2,500 $532 $4,424 $6,247 $50.56 $83.30
5,000 $532 $5,688 $8,330 $37.92 $5.32
10,000 $798 $7,584 $8,330 $8.43 $23.80
25,000 $798 $8,849 $11,900 $8.85 $18.91
50,000 $1,064 $11,061 $16,362 $22.12 $34.85
All Shell Buildings 500 $266 $3,792 $4,165 $47.40 $87.67 2,500 $532 $4,740 $5,652 $63.20 $71.40
5,000 $532 $6,320 $7,437 $44.24 $5.32
10,000 $798 $8,532 $7,437 $10.53 $21.82
25,000 $798 $10,113 $10,710 $8.85 $16.53
50,000 $1,064 $12,325 $14,577 $24.65 $31.28
1 At Building Permit submittal, a Planning Division Review fee of 20% shall be collected (see Table 3 - Misc. Items) 2 Each additional 100 square feet, or portion thereof, up to the next highest project size threshold. 248
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FEE DESCRIPTION UNIT
FY 2025-26
Fee
FY 2026-27
Prop. Fee
YOY $ ▲ YOY % ▲

MECHANICAL FEES
Mechanical Permit Fee per hour $292 $303 11.00 3.8%
Stand Alone Mechanical Plan Check (hourly rate) per hour $292 $303 11.00 3.8% Other Mechanical Inspections (hourly rate) per hour $292 $303 11.00 3.8% MECHANICAL UNIT FEES:

Install or relocate HVAC system or portion there of
Residential each $286 $297 11.00 3.8%
Commercial each $430 $447 17.00 4.0%
Hood installation that is served by mechanical exhaust, including the ducts for such hood
Residential each $144 $150 6.00 4.2%
Commercial each $573 $595 22.00 3.8%
Any other piece of equipment or appliance not listed in Mechanical schedule. each $286 $297 11.00 3.8% Electrical Permit Fee each $292 $303 11.00 3.8%
Electrical Plan Check per hour $292 $303 11.00 3.8%
Electrical Inspections per hour $292 $303 11.00 3.8%
ELECTRICAL UNIT FEES:

Residential Whole-House Rewire (up to 2500 sq ft) each $573 $595 22.00 3.8% Each Additional 1000 sq ft each 1,000 sf $286 $297 11.00 3.8% Receptacle, switch, lighting, or other outlets at which current is used or controlled, except services, feeders, and meters
First 20 first 20 $95 $99 4.00 4.2%
Each Additional each $10 $10 0.00 0.0%
Lighting fixtures, sockets, or other lamp-holding devices First 20 first 20 $144 $150 6.00 4.2%
Each Additional each $10 $10 0.00 0.0%
Pole or platform-mounted lighting fixtures each $33 $34 1.00 3.0% Appliances (Install / Repair / Replace)
Residential each $48 $50 2.00 4.2%
Commercial each $94 $98 4.00 4.3%
Power Apparatus - Generator/Transformer or Similar (Install/Repair/Replace) Residential each $286 $297 11.00 3.8%
Commercial each $430 $447 17.00 4.0%
Services (including Temporary Power)
600 volts or less, up to 200 amperes in rating each $95 $99 4.00 4.2% 600 volts or less, 201 to 1000 amperes in rating each $286 $297 11.00 3.8% Over 600 volts or over 1000 amperes in rating each $430 $447 17.00 4.0% Any other Electrical apparatus, conduits, and conductors not listed in Electrical Schedule.
each $286 $297 11.00 3.8%

CITY OF CUPERTINO, CA
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule D - Table 2 Mechanical, Electrical & Plumbing Fees

ELECTRICAL FEES
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FEE DESCRIPTION UNIT
FY 2025-26
Fee
FY 2026-27
Prop. Fee
YOY $ ▲ YOY % ▲

CITY OF CUPERTINO, CA
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule D - Table 2 Mechanical, Electrical & Plumbing Fees

PLUMBING/GAS FEES
Plumbing/Gas Permit Fee each $292 $303 11.00 3.8%
Stand Alone Plumbing Plan Check each $292 $303 11.00 3.8% Other Plumbing and Gas Inspections each $292 $303 11.00 3.8% PLUMBING/GAS UNIT FEES:

Residential Whole-House Water Re-Pipe(up to 2500 sq ft) each $573 $595 22.00 3.8% Each Additional 1000 sq ft each 1,000 sf $286 $297 11.00 3.8% Building sewer lateral (Install / Repair / Replace)
Residential each $71 $74 3.00 4.2%
Commercial each $144 $150 6.00 4.2%
Sewer Clean-out (Install/Repair/Replace)
Residential each $71 $74 3.00 4.2%
Commercial each $144 $150 6.00 4.2%
Building Drain/Waste/Vent Repair
Residential per fixture $20 $21 1.00 5.0%
Commercial per fixture $29 $30 1.00 3.4%
Water Heater Replacement / Installation - All Types
Residential each $71 $74 3.00 4.2%
Commercial each $215 $223 8.00 3.7%
Interceptors - Grease/Sand (Install/Repair/Replace) each $215 $223 8.00 3.7% Water Treatment System (Install/Repair/Replace) each $95 $99 4.00 4.2% Gas piping (Install/Repair/Replace) each $144 $150 6.00 4.2% Install or Replace Water Meter / Service each $71 $74 3.00 4.2% Partial Water Re-pipe
Residential per fixture $29 $30 1.00 3.4%
Commercial per fixture $19 $20 1.00 5.3%
Any other device/fixture not listed in Plumbing Schedule (Install/Repair/Replace) each $144 $150 6.00 4.2% 250
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Work Item Unit FY 2025-26 Fee
FY 2026-27
Proposed Fee
YOY $ ▲
YOY %
▲
Standard Hourly Rate - Building Per hour $292 $303 11.00 3.8% Accessibility Hardship Exemption Each $304 $316 12.00 3.9% Acoustical Review
Single Family Home/Duplex—New Each $718 $746 28.00 3.9% Single Family Home/Duplex—Addition/Alteration Each $423 $439 16.00 3.8% Multi-Family/Commercial Each $718 $746 28.00 3.9%
Additions (Non Hillside R3 Occupancy) - Plan Check Fees Plan Check Fees (up to 250 sq. ft.) Each $2,029 $2,794 764.87 37.7% Plan Check Fees (251 - 499 sq. ft.) Each $3,879 $5,322 1,442.88 37.2% Plan Check Fees (500-999 sq. ft.) Each $4,343 $6,586 2,242.89 51.6% Additions (Non Hillside R3 Occupancy) - Inspection Fees Inspection Fees (up to 250 sq. ft.) Each $2,789 $3,570 780.73 28.0% Inspection Fees (251 - 499 sq. ft.) Each $3,665 $4,760 1,094.64 29.9% Inspection Fees (500-999 sq. ft.) Each $4,581 $5,950 1,368.55 29.9% Accessory Buildings - Residential
Accessory Buildings (Up to 499 sq. ft.) Each $1,882 $1,954 72.00 3.8% Accessory Buildings (500 - 999 sq. ft.) Each $2,760 $2,866 106.00 3.8% Accessory Dwelling Unit (ADU) - Plan Check Fees
Plan Check Fees (up to 499 sq. ft.) Each $2,691 $2,795 104.00 3.9% Plan Check Fees (500 - 999 sq. ft.) Each $3,908 $4,058 150.00 3.8% Accessory Dwelling Unit (ADU) - Inspection Fees
Inspection Fees (up to 499 sq. ft.) Each $2,865 $2,975 110.00 3.8% Inspection Fees (500 - 999 sq. ft.) Each $4,010 $4,164 154.00 3.8% Address Assignment Per hour $256 $266 10.00 3.9%
Board of Appeals Per hour $292 $303 11.00 3.8%
Clerical Fee 1/2 hour $128 $133 5.00 3.9%
Alternate Materials and Methods of Construction Per hour $280 $291 11.00 3.9% Antenna—Telecom Facility
Radio Each $502 $521 19.00 3.8%
Cellular/Mobile Phone, alterations to existing facility Each $718 $746 28.00 3.9% Cellular/Mobile Phone, free-standing Each $2,491 $2,587 96.00 3.9% Cellular/Mobile Phone, attached to building Each $1,310 $1,360 50.00 3.8% Arbor/Trellis Each $718 $746 28.00 3.9%
Awning/Canopy (supported by building) Each $718 $746 28.00 3.9% Balcony Addition Each $1,742 $1,809 67.00 3.8%
Battery Energy Storage System up to three (3) $718 $746 28.00 3.9% Each Additional Each $423 $439 16.00 3.8%
Below Market Rate
Escrow Inspection % of Sale Price 0.52% 0.52%
Carport Each $1,005 $1,044 39.00 3.9%
Certifications
Special Inspector Qualifications (initial review) Each $561 $583 22.00 3.9% Special Inspector Qualifications (renewal / update) Each $256 $266 10.00 3.9%

CITY OF CUPERTINO, CA
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule D - Table 3 Miscellaneous Items
251
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Work Item Unit FY 2025-26 Fee
FY 2026-27
Proposed Fee
YOY $ ▲
YOY %
▲

CITY OF CUPERTINO, CA
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule D - Table 3 Miscellaneous Items
Chimney (new) Each $1,005 $1,044 39.00 3.9%
Chimney Repair Each $567 $589 22.00 3.9%
Commercial Coach (per unit) Each $1,310 $1,360 50.00 3.8% Covered Porch Each $1,005 $1,044 39.00 3.9%
Deck (wood) Each $1,005 $1,044 39.00 3.9%
Deck Railing Each $567 $589 22.00 3.9%
Deferred Submittal (2 hour minimum) Each $292 $303 11.00 3.8% Demolition
Multi-Family and Commercial (up to 3,000 sf) Base $847 $880 33.00 3.9% Multi-Family and Commercial (each additional 3,000 sf) Each 3,000 sf $295 $306 11.00 3.7% Residential (R-3 Occ) (up to 3,000 sf) Base $847 $880 33.00 3.9% Residential (R-3 Occ) (each additional 3,000 sf) Each 3,000 sf $295 $306 11.00 3.7% Swimming Pool Residential Each $567 $589 22.00 3.9%
Swimming Pool Multi-Family and Commercial (up to 3,000 sf) Base $853 $886 33.00 3.9% Swimming Pool Multi-Family and Commercial (each additional 3,000 sf) Each 3,000 sf $286 $297 11.00 3.8% Disabled Access Compliance Inspection Per hour $292 $303 11.00 3.8% Door
New door (non structural) Each $423 $439 16.00 3.8%
New door (structural shear wall/masonry) Each $718 $746 28.00 3.9% Duplicate / Replacement Job Card Each $128 $133 5.00 3.9% Electric Vehicle Charging Station Each $292 $303 11.00 3.8% Extensions
Plan Check Applications (within 180 days of Submittal) 1 hour $292 $303 11.00 3.8% Permits (within 180 days of Issuance)
Start construction, without plans 1/2 hour $152 $158 6.00 3.9% Resume or complete construction, without plans 1/2 hour $152 $158 6.00 3.9% Start construction, with plans 1 hour $304 $316 12.00 3.9% Resume or complete construction, with plans 2 hours $609 $632 23.00 3.8% Fence
Non-masonry, over 7 feet in height Up to 100 l.f. $567 $589 22.00 3.9% Non-masonry, each additional 100 l.f. Each 100 l.f. $144 $150 6.00 4.2% Masonry, over 7 feet in height Up to 100 l.f. $1,005 $1,044 39.00 3.9% Masonry, each additional 100 l.f. Each 100 l.f. $573 $595 22.00 3.8% Fireplace
Masonry each $1,005 $1,044 39.00 3.9%
Pre-Fabricated/Metal each $567 $589 22.00 3.9%
Flag pole (over 20 feet in height) each $567 $589 22.00 3.9% Foundation Repair each $1,292 $1,342 50.00 3.9%
252
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Work Item Unit FY 2025-26 Fee
FY 2026-27
Proposed Fee
YOY $ ▲
YOY %
▲

CITY OF CUPERTINO, CA
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule D - Table 3 Miscellaneous Items
Inspections
Pre-Inspection Fee Per hour $292 $303 11.00 3.8%
Standard Inspection Hourly Rate Per hour $292 $303 11.00 3.8% Progress Inspection Per hour $292 $303 11.00 3.8%
Partial Inspection Per hour $292 $303 11.00 3.8%
Courtesy Inspection - 2 hour minimum Per hour $292 $303 11.00 3.8% Cancelled inspection w/out advance notice Per hour $292 $303 11.00 3.8% Reinspection Per hour $292 $303 11.00 3.8%
Outside of normal business hours (4 hour minimum) Per hour $338 $351 13.00 3.8% Inspection Supplemental Fee (Projects that require more inspections than average, the Building Official may charge additional inspection fees) First 1/2 hour minimum First 1/2 hour $144 $150 6.00 4.2% Each Additional hour Per hour $286 $297 11.00 3.8%
Lighting pole Each $718 $746 28.00 3.9%
each additional pole Each $295 $306 11.00 3.7%
Modular Structures Each $1,023 $1,062 39.00 3.8%
Modification of Technical Code 1 hour $292 $303 11.00 3.8% Occupancy
Certificate of Occupancy/Completion Each $567 $589 22.00 3.9% Temporary Occupancy Permit Per six months $567 $589 22.00 3.9% Partition—Commercial, Interior (up to 30 l.f.) Up to 30 l.f. $862 $895 33.00 3.8% Additional partition Each 30 l.f. $286 $297 11.00 3.8%
Partition—Residential, Interior (up to 30 l.f.) Up to 30 l.f. $567 $589 22.00 3.9% Additional partition Each 30 l.f. $286 $297 11.00 3.8%
Patio Cover / Gazebo
Wood frame Up to 300 sf $1,023 $1,062 39.00 3.8%
Metal frame Up to 300 sf $1,023 $1,062 39.00 3.8%
Other frame Up to 300 sf $1,023 $1,062 39.00 3.8%
Additional patio Each 300 sf $439 $456 17.00 3.9%
Enclosed prefabricated Sun Room Up to 300 sf $1,005 $1,044 39.00 3.9% Photovoltaic System
Residential:

Systems up to 15kW Each $450 $450 0.00 0.0%
Each Additional kW Above 15kW Each Addl kW $15 $15 0.00 0.0% Multi-Family and Commercial:

Systems up to 50kW up to 8 kW Each $1,000 $1,000 0.00 0.0% Multi-Family Res/Commercial, each additional 1 kilowatt Each 1 addl kW $7 $7 0.00 0.0% Each Additional kW Above 250kW Each addl kW $5 $5 0.00 0.0% 253
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Work Item Unit FY 2025-26 Fee
FY 2026-27
Proposed Fee
YOY $ ▲
YOY %
▲

CITY OF CUPERTINO, CA
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule D - Table 3 Miscellaneous Items
Thermal System
Residential:

Systems up to 10kW Each $450 $450 0.00 0.0%
Each Additional kW Above 10kW Each addl kW $15 $15 0.00 0.0% Multi-Family and Commercial:

Systems up to 30kW Each $1,000 $1,000 0.00 0.0%
Each Additional kW between 30kW and 260kW Each addl kW $7 $7 0.00 0.0% Each Additional kW Above 260kW Each addl kW $5 $5 0.00 0.0% Pile Foundation
Cast in Place Concrete (first 10 piles) Up to 10 $1,310 $1,360 50.00 3.8% Additional Piles (increments of 10) Each 10 $878 $912 34.00 3.9% Driven (steel, pre-stressed concrete) Up to 10 $1,310 $1,360 50.00 3.8% Additional Piles (increments of 10) Each 10 $878 $912 34.00 3.9% Product Review Per hour $280 $291 11.00 3.9%
Plan Review
Standard Plan Review Hourly Rate Per hour $304 $316 12.00 3.9% Overtime Plan Review (4 hour minimum) Per hour $356 $370 14.00 3.9% Pre-Submittal Plan Review (2 hour minimum) Per hour $304 $316 12.00 3.9% Expedited Plan Review Each 1.5x Plan
Check Fee

1.5x Plan
Check Fee
Plan Review Supplemental Fee (after 2nd review)
First 1/2 hour minimum First 1/2 hour $305 $317 12.00 3.9% Pre-Construction Meeting Each $494 $513 19.00 3.8%
Remodel—Residential
Kitchen (up to 300 sq. ft.) Each $1,140 $1,184 44.00 3.9% Bath (up to 300 sq. ft.) Each $1,140 $1,184 44.00 3.9%
Other Remodel (up to 300 sq. ft.) Each $1,005 $1,044 39.00 3.9% Additional remodel (per sq. ft. above 300) Per s.f. $2.51 $2.60 0.10 3.8% Other Remodel (1000 sq. ft.) Each $2,760 $2,866 106.00 3.8% Additional remodel (per sq. ft. above 1000) Per s.f. $0.58 $0.61 0.02 3.8% Other Remodel (2500+ sq. ft.) Each $3,637 $3,777 140.00 3.8% Additional remodel (per sq. ft. above 2500) Per s.f. $0.29 $0.30 0.01 3.8% Re-roof
Residential (maximum $500 per building) Each 100 sf $27 $28 1.00 3.7% Multi-Family Dwelling (maximum $500 per building) Each 100 sf $27 $28 1.00 3.7% Commercial
Commercial (first 5,000 sf) Each $701 $728 27.00 3.9%
Commercial (each additional 2,500 sf) Each 2,500 sf $286 $297 11.00 3.8% 254
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Work Item Unit FY 2025-26 Fee
FY 2026-27
Proposed Fee
YOY $ ▲
YOY %
▲

CITY OF CUPERTINO, CA
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule D - Table 3 Miscellaneous Items
Retaining Wall (concrete or masonry)
Standard (up to 50 l.f.) Up to 50 l.f. $1,310 $1,360 50.00 3.8% Additional retaining wall Each 50 l.f. $878 $912 34.00 3.9% Special Design, 3-10' high (up to 50 l.f.) Up to 50 l.f. $1,901 $1,974 73.00 3.8% Additional retaining wall Each 50 l.f. $1,164 $1,209 45.00 3.9% Special Design, over 10' high (up to 50 l.f.) Up to 50 l.f. $2,187 $2,271 84.00 3.8% Additional retaining wall Each 50 l.f. $1,450 $1,506 56.00 3.9% Gravity/Crib Wall, 0-10' high (up to 50 l.f.) Up to 50 l.f. $1,901 $1,974 73.00 3.8% Additional Gravity/Crib Wall Each 50 l.f. $1,164 $1,209 45.00 3.9% Gravity/Crib Wall, over 10' high (up to 50 l.f.) Up to 50 l.f. $2,187 $2,271 84.00 3.8% Additional Gravity/Crib Wall Each 50 l.f. $1,450 $1,506 56.00 3.9% Revisions $292 $303 11.00 3.8%
Sauna—steam Each $1,005 $1,044 39.00 3.9%
Siding
Stone and Brick Veneer (interior or exterior) Up to 400 sf $701 $728 27.00 3.9% All Other Up to 400 sf $557 $578 21.00 3.8%
Additional siding Each 400 sf $144 $150 6.00 4.2%
Signs
Directional Each $567 $589 22.00 3.9%
Each additional Directional Sign Each $295 $306 11.00 3.7% Ground/Roof/Projecting Signs Each $567 $589 22.00 3.9%
Master Plan Sign Check Each $567 $589 22.00 3.9%
Rework of any existing Ground Sign Each $567 $589 22.00 3.9% Other Sign Each $567 $589 22.00 3.9%
Reinspection Fee Each $136 $141 5.00 3.7%
Wall/Awning Sign, Non-Electric Each $423 $439 16.00 3.8% Wall/Awning Sign, Electric Each $567 $589 22.00 3.9%
Skylight
50 sf or less (cumulative area) Each $567 $589 22.00 3.9% Greater than 50 sf or structural Each $295 $306 11.00 3.7% Stairs—First Flight First flight $567 $589 22.00 3.9%
Each additional flight Per flight $295 $306 11.00 3.7%
Storage Racks
0-8' high (up to 100 l.f.) First 100 l.f. $718 $746 28.00 3.9% each additional 100 l.f. Each 100 l.f. $144 $150 6.00 4.2% over 8' high (up to 100 l.f.) First 100 l.f. $862 $895 33.00 3.8% each additional 100 l.f. Each 100 l.f. $144 $150 6.00 4.2% Stucco Applications
Base Up to 400 sf $557 $578 21.00 3.8%
Additional Stucco Application Each 400 sf $144 $150 6.00 4.2% 255
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Work Item Unit FY 2025-26 Fee
FY 2026-27
Proposed Fee
YOY $ ▲
YOY %
▲

CITY OF CUPERTINO, CA
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule D - Table 3 Miscellaneous Items
Swimming Pool/Spa
Vinyl-lined Each $1,310 $1,360 50.00 3.8%
Fiberglass Each $1,310 $1,360 50.00 3.8%
Gunite (up to 800 sf) Each $1,882 $1,954 72.00 3.8%
Additional pool (over 800 sf) Each 100 sf $439 $456 17.00 3.9% Commercial pool (up to 800 sf) Each $3,192 $3,315 123.00 3.9% Additional pool (over 800 sf) Each 100 sf $878 $912 34.00 3.9% Spa or Hot Tub (Pre-fabricated) Each $567 $589 22.00 3.9% Technology Fee Per Permit 5.8% 5.8%
Temporary Structures Each $862 $895 33.00 3.8%
Tenant Improvement Preparation Each $567 $589 22.00 3.9% Window or Sliding Glass Door
Replacement (first 8 windows) First 8 $415 $431 16.00 3.9% Replacement (each additional 8 windows) Each 8 $144 $150 6.00 4.2% New Window (non structural) Each $355 $369 14.00 3.9%
New window (structural shear wall/masonry) Each $502 $521 19.00 3.8% Bay Window (structural) Each $502 $521 19.00 3.8%
Planning Department Review fee (New Construction and Additions) (Payable at permit submittal)
Each
20% of plan
review and
inspection fees
20% of plan
review and
inspection fees
Planning Hourly Rate (Misc Reviews) Per hour Refer to
Schedule C
Refer to
Schedule C
Housing Mitigation In-lieu fees (Payable at Building Permit issuance) Per sq. ft. Refer to Schedule C
Refer to
Schedule C
Zoning, Planning, Municipal Code fees (Payable at Building Permit issuance) Per sq. ft. Refer to Schedule C
Refer to
Schedule C
Wireless Master Plan fee (Payable at Building Permit issuance) Each Refer to Schedule C
Refer to
Schedule C
Refunds - Plan Check Fees
1st review not started (within 3 Business of Submittal) 100% of Plan Review Fees Plan review more than 3 Business Days after the Date of Submittal No refund Refunds - Building Permit Fees
No inspections and permit is active (not expired) 80% of permit fees No inspections and permit is expired No refund
Inspections were provided No refund
Work without permit - based on current permit and plan check fees Double fees NOTE:

Fees identified in this Table consist of 50% Plan Review Fee and 50% Inspection Fee Fee Adjustments: In instances where the strict application of fees from this schedule would constitute a substantial inequity to an applicant or to the City, the Chief Building Official shall be authorized to adjust such fees on a case-by-case basis. Any such adjustments shall be recorded in writing and entered into the appropriate files. 256
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CITY OF CUPERTINO
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule A - General
Fee Description Unit FY 2026-27 Proposed Fee
All Municipal Code Parking Violations (including County and State fees) Each $87.15 Animal Establishment Permit Each $388.37
Annual Lobbyist Registration Fee Per Lobbyist $312.39
Bingo Permit Annual $275.09
Business License Database Each $32.01
Candidate Statement Fee (County Regulated Fee) Each Current County Registrar Cost City Administrative Fee Each 15%
Code Enforcement
Abatement/Graffiti Cleanup Each Actual Cost *
Hourly rate Hourly $258.91
Substandard Housing Re-Inspection Each $258.91
Community Festivals - One-time Business License (correction) Each $13.56 Compilation of New Records Each Actual Cost *
Credit Card Transaction Fee Each 3.40%
CVC Parking Citation Dismissals Admin Fee (State Regulated Fee) Each $25.00 Damage to City Property
Grounds, Streets, Facilities, Traffic Engineering/Maintenance Each Actual Cost * Dangerous Dog Annual Registration Fee Annual $517.82
Sign Each Actual Cost *
Duplicate Business Licenses Each $16.01
Event Video Taping/Editing Each Actual Cost *
False Alarms Each $128.04
Farmers Market Each $3.46
Film Permit
Permit Application Fee
Public Property (Movie/TV) Each $338.17
Private Property (Movie/TV) Each $609.74
Still Public Property Each $382.24
Still Private Property Each $150.64
Rush Processing Each $179.33
Production Impact Fees
Location within City (Private or Public)(Movie/TV)
35 or Fewer Cast and Crew Daily $456.02
35 or More Cast and Crew Daily $912.05
Location within City (Private or Public)(Documentary) Daily $363.79 City Facility, Park, or City Owned Property (negotiated by City Mngr) Daily $1,024.77 Fingerprinting Processing (State Fee $32 plus County Fee $20) Each $76.91 Flea Markets Each $14.67
Public Requests for GIS Printed Maps
Standard pre-formatted maps
Plotted maps Per Map $39.04
Printed maps Per Map $5.21
Custom request maps Per Map Actual Cost *
Prints/plots of aerial photography (see Engineering fees) Per Map Actual Cost * Handbill Permit Each $258.91
Renewals Each $129.46
Late Payment on 30 Day Delinquent City Invoices Each 12% per annum Massage Establishment Fee (Includes fingerprinting/background check and business start-up inspection)
Each $1,035.64
Renewals (Includes two inspections per year) Each $841.46 Massage Managing Employee (Includes fingerprint/background check) Each $906.19 Renewals Each $712.00
Massage Permit Appeal (Denial/Revocation) Each $1,294.55 Municipal Code Book Per Book Vendor Invoice
New Business Monthly Reports Each $48.02
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CITY OF CUPERTINO
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule A - General
Fee Description Unit FY 2026-27 Proposed Fee
Noise Variances/Special Exceptions Each $265.58
Notary Fee (State Regulated Fee) Per Signature $15.00/signature Outside Agency Review / Services Vendor Invoice + City Admin Fee
Petitions for Reconsideration Each $395.73
Permit Update Each $129.46
Photocopies - per sheet
Standard sizes Per Page $0.31
For 11 x 17 sizes or color sheets Per Page $0.72
For Large format prints Per Page $36.16
Fair Political Practices Commission Per Page $0.10
Fair Political Practices Commission (older than five (5) years) Per Page $5.00 Property Liens Administrative Fee Each $258.91
Returned Check Charge
First returned check Each $25.00
Subsequent checks Each $35.00
Sign Removal (Public Right-of-Way) (All except Political Signs) Each $25.00 Sign Recovery Fee for Political Signs Each $25.00
Small Income Business License Each $96.83
Solicitor Permit (Includes fingerprinting) Each $517.82 Renewals Each $129.46
Taxi Driver Permit (Includes fingerprinting/background check) Each $1,035.64 Renewals Each $129.46
Tobacco Retailer (County Regulated Fee)
Application Fee Each Current County Cost
Annual Fee Annual Current County Cost
Williamson Act Filings Each $153.54
Video/Audio Service
DVD/CD Each $27.11
Flash Drive Each $29.26
* Actual cost is: 1) Fully burdened employee costs as calculated through the 2023 Cost Allocation Plan, and 2) cost of materials, contractors, and supplies.
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CITY OF CUPERTINO
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule B - Engineering
Unit FY 2026-27 Proposed Fee
Each $692
Each $479
Each $1,217
Each Double the permit cost
Each $2,526
Each $1,990
Each $4,045
Each/% of Project
5% of Project Costs and/or
$293 per inspection
Per Permit $602
Crane Lift No Charge No Charge
Each $1,540
Each/% of Improv.

Greater of $5571 or 6% of
cost of improvement
Each $9,549
Each $15,590
Each $1,483
Per Hour $362
Per Hour $362
Each/% of Improv.

Greater of $6442 or 5% of
cost of improvement
Each/% of Improv.

Greater of $11142 or 5% of
cost of improvement
Each $1,810
Per Hour $216
Each
*Cost of review + City
Administrative Fee
Each $724
Each $4,011
Each $2,480
Each $2,480
Each $4,802
Per Unit $6,797
Per Unit $4,215
Per s.f. $10.94
Per s.f. $19.15
Per Room $3,728
Per trip $6,862
Each $16
Each $90
Per Hour $362

FEE DESCRIPTION
Encroachment Permits
- Minor Encroachment Permits (Local Streets)
- Minor Encroachment Permits (Utility)
- Major Encroachment Permits (Arterials and Collectors) - Work without Permit
Grading permit
- <10,000 s.f. lot
- 10,000 s.f or greater
Parcel Map/Tract Map (Map Checking Fee)
- Parcel Map (1-4 lots)
- Tract Map (> 4 lots)
- Small Cell Facility Encroachment Permit
Street Cuts Miscellaneous
- Minor Street Cuts
- Major Street Cuts
- Special Major Permit (projects in excess of $30,000 or over 15 working days) Permit Extension
- Commercial
Planning Application Review
VMT Monitoring Fee
Professional Services 3rd Party Consultant Review
*Per Outside Agency Review/Services on Schedule A - General Public Works Confirmation
Plan Check and Inspection
- Stand Alone Building Permit Review
Additional Plan Review - 3 or more reviews
Revisions to Plans and Permits
Review of Public/Private Improvement Plans:
- Residential
- Single Family
- Multi-Family
(Includes apartments, condos, and townhomes)
- Retail
- Office
- Hotel
Annexation (plus County filing fee)
Certificates of Compliance
- Initial Review
- Finalize Certificates
Lot Line Adjustment
Transportation Impact Fee
- Other (per PM trip)
Transportation Permit (State Regulated Fee)
- Single
- Annual Utility Company
- Additional Engineering Investigation or Coordination
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CITY OF CUPERTINO
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule B - Engineering
Unit FY 2026-27 Proposed Fee
Each $840
Deposit $5,207
Each No Charge
Each $3,645
Each $5,673
Each $2,958
Each $1,834
Each $1,281
Each $342
Each $1,608
Each $1,309
Each $531
Dwelling unit $4,664
Per acre $6,331
Per acre and $4,542
Per unit $344
Per acre $12,231
Per acre $4,661
Per acre $2,354
No charge
Each $494
Each $180
Each $359
Each $359
Each $2,526
Hour $331
Per Permit 5.8%
Commercial
Banners
- Large Banners Across Stevens Creek Boulevard
Special Events/Parades
Block Party
Vacation of Public Street ROW/PUE
- Summary Vacation

FEE DESCRIPTION
Floodplain Evaluation/Elevation Certificate Review
Permit Parking Study
- Application Phase
- Implementation phase
- Full Vacation
Rural/Semi-Rural Classification Application
- Application Phase
- Implementation phase
Certificate of Correction
Single-Family Residential greater than one dwelling unit per acre and less than

5.2 dwelling units per acre
Multiple Family greater than 5.2 dwelling units per acre *Maximum chargeable dwelling units of 20 units per acre.

Streamside Permit
Master Storm Drain Area Fees:

Low-Density Residential (Less than one dwelling unit per acre hillside zoning only)
Stormwater Permit Inspections - Commercial
Initial Inspection
Re-Inspection for Violations
Environmental Programs Plan Review Fee
Single Family
Multi-Family
Commercial and Industrial
Public Educational Uses
Public Facility Uses
Storm Management Plan Fee
Public Works Staff Time
Technology Fee
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CITY OF CUPERTINO
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule B - Engineering
Density of Dwelling Units/Ac
0 - 5 $105,000/DU
5 - 10 $60,000/DU
10 - 20 $60,000/DU
20+ $54,000/DU
Senior Citizen Housing Dev. $30,000/DU
$15,000 or proportional to
the size of the main DU,
whichever is less
$584
Actual costs
PUBLIC TREE DAMAGE OR REMOVAL FEE SCHEDULE:

This fee schedule is defined in Chapter 14.12 and establishes the fee to be paid to the City for damage to and/or removal of public trees.

Repeat offenders, intentional actors and professionals, as defined in Chapter 14.12, shall be subject to the following fees:

Public Tree Damage Fee:

Public Tree Removal Fee:

FEE = UNMODIFIED TREE VALUE x SPECIES RATING x CONDITION RATING For inputs, use the following values:

UNMODIFIED TREE Refer to Unmodified Tree Value Table
SPECIES RATING Refer to Species Rating Table
CONDITION RATING Good = 1.00, Fair = 0.75, Poor = 0.50
The fee for trees less than 4 inches in diameter shall not be reduced by species or condition rating.

Park Land Dedication In-Lieu Fee*
ADU 750 SF or more**
* Park Land Dedication Fees are calculated per Municipal Code section 13.08. On an annual basis, Public Works Department updates the fair market value of land based on appraised values of land sales. ** ADU Park Land Dedication Fee is based on the density of the property per Municipal Code section 13.08, or proportionally to the size of the main dwelling unit as stipulated by State ADU mandates.

New Public Tree Cost Schedule:

Trees larger than 40” shall have the fee determined by the most recent edition of the 'Guide for Plant Appraisal', published by the Council of Tree and Landscape Appraisers, using the trunk formula method.

Public Tree Planting Cost:
24" Street Tree
36" Street Tree or Larger
1 st time offenders, as defined in Chapter 14.12, shall be subject to a fee of 10% of the Public Tree Damage Fee or 10% of the Public Tree Removal Fee as defined below or $600, whichever is higher, per public tree damaged and/or removed. No additional costs, such as stump removal, trimming, or replanting will apply.
$100 per cumulative diameter inch of branch or root plus, if any, the actual costs incurred for immediate corrective pruning plus, if any, the calculated costs for future corrective pruning, as may be required to maintain the health of the tree.

The fee for each tree removed shall be based upon the unmodified value of the tree removed (based upon diameter), multiplied by the species rating, multiplied by the condition rating.
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CITY OF CUPERTINO
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule B - Engineering
No additional costs, such as stump removal, trimming or replanting will apply.

Unmodified Tree Value Table:

Tree size (diameter of trunk)
1” to 2” $348
2” to 3” $348
3” to 4” $1,039
4” to 5” $1,039
5” to 6” $1,404
6” to 7” $1,851
7” to 8” $2,378
8” to 9” $2,987
9” to 10” $3,677
10” to 11” $4,449
11” to 12” $5,301
12” to 13” $6,235
13” to 14” $7,249
14” to 15” $8,345
15” to 16” $9,522
16” to 17” $10,780
17” to 18” $12,120
18” to 19” $13,540
19” to 20” $15,042
20” to 21” $16,625
21” to 22” $18,290
22” to 23” $20,036
23” to 24” $21,862
24” to 25” $23,769
25” to 26” $25,758
26” to 27” $27,829
27” to 28” $29,980
28” to 29” $32,212
29” to 30” $34,527
30” to 31” $36,920
31” to 32” $39,396
32” to 33” $41,954
33” to 34” $44,593
34” to 35” $47,312
35” to 36” $50,113
36” to 37” $52,995
37” to 38” $55,958
38” to 39” $59,003
39” to 40” $62,128
Measurement shall be measured 4.5 feet above the ground level and rounded down to the nearest whole inch.

If the tree is multi-trunk, use 1.5 times the diameter of the largest trunk to determine fee.

If the tree is removed to the ground, tree inventory data will be used to determine the trunk diameter.

If there is tree damage 4-5 feet above the ground, trunk diameter is to be measured 1 foot above ground level and 1 inch is to be subtracted from the diameter to determine fee.
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CITY OF CUPERTINO
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule B - Engineering
Common Name Species Rating%
Acacia ACACIA 60
Blackwoodacaia ACACIA MELANOXYLON 60
Trident maple ACER BUERGERIANUM 90
Big leaf maple ACER MACROPHYLLUM** 100
Japanese maple ACER PALMATUM 90
Red maple ACER REBRUM 70
Silver maple ACER SACCHARINUM 80
California buckeye AESCULUS CALIFORNICA** 100
Red hoursechesnut AESCULUS X CARNEA 90
Tree of heaven AILANTHUS ALTISSIMA
0 Silk tree ALBIZIA JULIBRISSIN 50
Black Alder ALNUS GLUTINOSA 80
Strawberry madrone ARBUTUS MARINA 90
Madrone ARBUTUS MENZIESII 100
Hong Kong orchid BAUHINIA BLAKEANA 75
Birch BETULA ALBA 60
Incense cedar CALOCEDRUS DECURRENS 80
Horsetail tree CASUARINA EQUISETIFOLIA 75
Blue atlas cedar CEDRUS ATLANTICA** 100
Deodora cedar CEDRUS DEODARA** 100
Chinese hackberry CELTUS SINENSIS 65
Carob tree CERATONIA SILIQUA 70
Redbud(eastern) CERCIS CANADENSIS 75
Camphor tree CINNAMOMUM CAMPHORA 70
Citrus CITRUS SP 40
English hawthorn CRATAEGUS LAEVIGATA 70
Cypress CUPRESSACEAE 80
Italian cypress CUPRESSUS SEMPERVIREN 80
Japanese persimmon DIOSPYROS KAKI 40
Loquat ERIOBOTRYA DEFLEXA 60
Blue gum tree EUCALYPTUS GLOBULUS 70
Eucalyptus EUCALYPTUS SP 60
Misson fig FICUS CARICA 40
Autumn purple ash FRAXINUS AMERICANA 80
Raywood ash FRAXINUS ANGUSTIFOLIA 'RAYWOOD' 80
Moraine ash FRAXINUS HOLOTRICHA 80
Shamel ash FRAXINUS UHDEI 80
Modesto ash FRAXINUS VELUTINA 'MODESTO' 80
Australian willow GEIJERA PARVIFOLIA 80
Maidenhair GINKO BILOBA 80
Honey locust GLEDITSIA TRIACANTHOS 70
Silk oak tree GREVILLEA ROBUSTA 70
English holly ILLEX AQUIFOLIUM 40
Jacaranda JACARANDA MIMMOSIFOLIA 70
Walnut JUGLANS 70
Species Rating Table
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CITY OF CUPERTINO
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule B - Engineering
Common Name Species Rating%
Black walnut JUGLANS HINDSII 70
Chinese flame tree KOELREUTERIA BIPINNATA 80
Muskogee crape myrtle LAGERSTROMIA 'MUSKOGEE' 80
Nanchez crape myrtle LAGERSTROMIA 'NANCHEZ' 80
Tuscarora crape myrtle LAGERSTROMIA 'TUSCARORA' 80
Sweet bay LAURUS NOBILIS 80
Japanese privit LIGUSTRUM JAPONICUM 30
American sweetgum LIQUIDAMBER STYRACIFLUA 40
Tulip tree LIRIODENDRON 60
Brisbane box tree LOPHOSTEMON CONFERTUS 90
Magnolia MAGNOLIA GRANDIFOLIA RUSSET 75
Magnolia (dwarf) MAGNOLIA GRANDIFOLIA ST MARY 75
Saucer magnolia MAGNOLIA SOLINGIANA 75
Crabapple tree MALUS FLORIBUNDA 90
Apple MALUS SP 40
Mayten tree MAYTENUS 70
Malaleuca(broad leaf) MELALEUCA LEUCADENDRA 60
Malaleuca(narrow leaf) MELALEUCA LINARIFOLIA 60
Dawn redwood METASAQUOIA GLYPTOSTROBOIDES 100
Fruitless mulberry MORUS ALBA 40
Black mulberry MORUS NIGRA 40
Myoprum MYOPORUM LAETUM 70
Oleander tree NERIUM OLEANDER 40
Olive OLEA EUROPAEA 70
Devilwood OSMANTHUS AMERICANUS 0
Palm PALM* 40
Avocado PERSEA AMERICANA 60
Red leaf photinia PHOTINIA GLABRA 60
Spruce PICEA 80
Colorado spruce PICEA PUNGENS 80
Colorado blue spruce PICEA PUNGENS 'GLAUCA' 80
Italian stone pine PINUS PINEA 90
Pine PINUS SP 30
Chinese pistacio PISTACIA CHINENSIS 80
Lemonwood tree PITTOSPORUM EUGENIOIDES 40
Japanese cheesewood PITTOSPORUM TOBIRA 40
London plane 'colombiana' PLATANUS COLUMBIANA 95
Western Sycamore PLATANUS RACEMOSA** 100
London plane 'bloodgood' PLATANUS X HISPANICA 'BLOODGOOD' 95 Yew pine PODOCURPUS MACROPHYLLUS 75
Poplar POPULUS 60
Flowering cherry PRUNUS AKEBONO 80
Wild Plum PRUNUS AMARACANA 40
Almond tree PRUNUS ALMOND 50
Apricot tree PRUNUS APRICOT 40
Species Rating Table
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CITY OF CUPERTINO
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule B - Engineering
Common Name Species Rating%
Fruiting cherry PRUNUS AVIUM 0
Carolina cherry PRUNUS CAROLINIANA 60
Purple leaf plum PRUNUS CERASFERA KRAUTER VESUVIUS 70
Peach tree PRUNUS PERSICA 40
Douglas fir PSEUDOTSUGA MENZIESII 80
Guava PSIDIUM GUAJAVA 40
Pomegranate PUNICA GRANATUM 40
Aristocrat Flowering pear tree PYRUS CALLERYANA 'ARISTOCRAT' 75 Bradford flowering pear PYRUS CALLERYANA 'BRADFORD' 75
Chanticleer flowering pear PYRUS CALLERYANA 'CHANTICLEER' 75 Evergreen flowering pear PYRUS KAWAKAMII 75
Asian pear PYRUS PYRIFOLIA 40
Oak QUERCUS 90
Coast live oak QUERCUS AGRIFOLIA** 100
White oak QUERCUS ALBA 90
Texas red oak QUERCUS BUCKEYI 90
Sierra oak QUERCUS CAMBII 90
Blue oak QUERCUS DOUGLASII** 100
Forest green oak QUERCUS FRAINETTO 90
Holly oak QUERCUS ILEX 90
Black oak QUERCUS KELLOGGII** 100
Valley oak QUERCUS LOBATA** 100
Red oak QUERCUS SUBER 90
Cork oak QUERCUS SUBER 90
Southern live oak QUERCUS VIRGINIANA 100
Interior live oak QUERCUS WISLIZENI** 100
African sumac RHUS LANCIA 70
Weeping willow SALIX BABYLONICA 40
Wild willow SALIX SCOULERIANA 0
California pepper tree SCHINUS MOLE 40
Brazilian pepper tree SCHINUS TEREBINTHEFOLIUS 40
Coast redwood SEQUIOA SEMPRIVIRONS 95
Giant sequioa SEQUOIADENDRON GIGANTEUM 80
Japanese pogoda SOPHORIA JAPONICA 70
Chinese tallow TRIADICA SEBIFERA 50
Water gum TRISTANIA LAURINA 70
Bosque chinese elm ULMAS PARVIFOLIA 'BOSQUE' 90
Chinese elm ULMUS PARVIFOLIA 70
Siberian elm ULMUS PUMILA 60
Bay laurel UMBELLULARIA CALIFORNICA** 100
Mexican fan palm WASHINGTON ROBUSTA 0
Spanish dagger yucca YUCCA GLORIOSA 0
Zelkova ZELKOVA SERRATA 65
*All palms on Palm Avenue are protected heritage trees and will be rated @ 100% **Protected tree species
Species Rating Table
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CITY OF CUPERTINO
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule C - Planning

DEFINITIONS
A. Parcel Map: Subdivisions, including ministerial subdivisions - up to four (4) parcels (CMC Chapter 18.20).

B. Tentative map: Subdivisions - five (5) or more parcels (CMC Chapter 18.16).

P. Legal Noticing Fee: Assessed for all permit applications that require noticing (CMC Chapter 19.12).

O. Appeal: A request from the project applicant or interested party to reverse or amend a decision made by the approval authority. Fee Exemption for: an appointed public official serving on the board that made the decision subject to the appeal, an appointed public official serving on a board that is directly affected by the decision and City Council members. At the conclusion of a City Council appeal hearing, it may choose to, at its sole discretion, refund all, a portion of, or none of the appeal fee (CMC Chapter 19.12).

N. Extension Permit: A one-time one-year extension of the planning permit expiration date (CMC Chapter 19.12).

C. Minor: for ten thousand square feet or less of commercial and/or industrial and/or office and/or other non-residential use, or six or fewer residential units (CMC Chapter 19.12)
D. Major: for more than ten thousand square feet of commercial and/or industrial and/or office and/or other non-residential use, or greater than six residential units (CMC Chapter 19.12).

E. Minor Architectural and Site Approval - Duplex/Residential: Architectural approval of single family homes in a planned development zoning district, redevelopment or modification of duplexes, and associated landscaping, where such review is required (CMC Chapter 19.12).

F. Minor Architectural and Site Approval: Architectural approval of the following: minor building modifications, landscaping, signs and lighting for new development, redevelopment or modification in such zones where such review is required and Public Art applications (CMC Chapter 19.12).

G. Major Architectural and Site Approval: Architectural approval of all other development projects (CMC Chapter 19.12).

H. Minor Modification: An application that is administratively reviewed by staff either at an advertised public hearing/meeting or in a non-hearing process (CMC Chapter 19.164).

I. Exceptions: An exception to the zoning standards for which an exception process and findings are identified in the Municipal Code. These include Fence, Sign, Height, Hillside, Parking, R-1, A, A-1, and R1 cluster zone exceptions. This also includes exceptions identified in the City's Specific Plans (CMC Chapter 19.12 and Title 20).

J. Project Review Meeting: Request for a one hour meeting by an applicant to review a project with City staff without any written feedback.

K. Preliminary Review: One round of informal review of any proposed project with written feedback from City staff.

L. Temporary Sign Permit: A review of a temporary sign application for banners, A-frame signs and other temporary signs (CMC Chapter 19.104).

M. Sign Permit: For signs that require a public meeting such as freeway oriented signage, electronic readerboard signs etc. (CMC Chapter 19.104)
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CITY OF CUPERTINO
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule C - Planning
Fee Description1 Unit FY 2025-26 Proposed Fee
Planning Staff Hourly Rate2 Per Hour $330
General Plan
Authorization Deposit Staff Hourly Rate
Amendment Deposit Staff Hourly Rate
Zoning
Zoning Map Amendment Deposit Staff Hourly Rate
Zoning Text Amendment Deposit Staff Hourly Rate
Single-Story Overlay District Deposit Staff Hourly Rate Study Session Deposit Staff Hourly Rate
Subdivision
SB9 Lot Line Split Each $11,304
Parcel Map (See Definition A) Each $31,203
Tentative Map (See Definition B) Each $53,625
Conditional Use/Development Permit
Temporary Use Permit Each $5,787
Administrative Conditional Use Permit Each $12,213
Minor (See Definition C) Each $29,337
Major (See Definition D) Each $44,767
Amendment to Conditional Use/Development Permit
Minor (See Definition C) Each $13,234
Major (See Definition D) Each $28,558
Architectural and Site Approval Permit
Minor Duplex / Residential/Public Art (See Definition E) Each $12,179 Minor (See Definition F) Each $19,003
Major (See Definition G) Each $28,991
Single Family (R-1) Residential Permits
Minor Residential Permit Each $4,584
Two-Story Permit with Design Review Each $7,004
Director's Minor Modification (See Definition H) Each $6,262 Ministerial Residential Permit
Miscellaneous Ministerial Permit Each $5,184
Exceptions (See Definition I)
Fence Exception - R1 & R2 Each $5,323
Fence Exception - Other Each $5,905
Sign Exception Each $7,952
R-1 Exception Each $8,909
Heart of the City Exception Each $28,620
Hillside Exception Each $27,298
Q. Special Events Permit: A request to host a special event for no more than a total of 12 calendar days in a year including, but not limited to, employee holiday party, summer barbeque, any outdoor event where normal operations occur indoors, car sales/show event, events located in parking lots where such uses are not authorized ordinarily. Large events involve an entire shopping center, office or industrial buildings/sites, and other commercial sites. Small events typically involve individual businesses/tenants in a shopping center or building. Staff reserves the right to determine the applicable event type based on the project description provided. Churches/non-profits operating on property in their control are exempt from fees.

R. Housing Mitigation Fee: A fee assessed in accordance with the City's General Plan Housing Element, Municipal Code (CMC 19.172) and the City's BMR Housing Mitigation Program Procedural Manual.

Note: Mixed use applications will be classified based upon the highest intensity and review process. The Director of Community Development will have discretion to classify projects based upon the above criteria. 267
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CITY OF CUPERTINO
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule C - Planning
Fee Description Unit FY 2025-26 Proposed Fee
Exception - Other Each $9,046
Variance Each $10,344
Reasonable Accommodation Each $2,054
Project Review Meeting (See Definition J) Per Review $2,853 Preliminary Application Review (See Definition K)
Single Family Per Review $2,887
Non-Residential (Retail/Industrial/Office/Hotel)
<10,000 sf Per Review $6,255
>10,000 sf Per Review $10,878
Residential / Mixed Use:

Duplex Per Review $2,268
3-6 Units Per Review $9,997
6-50 Units Per Review $15,434
>50 Units Per Review $22,276
Tree Removal Permit
Tree Removal Permit (no Arborist review required)
First Tree Per Tree $483
Each Additional Tree Per Tree $190
Tree Removal Permit (Arborist review required)
First Tree Per Tree $884
Each Additional Tree Per Tree $285
Retroactive Tree Removal Per Tree $6,288
Heritage Tree Designation Each $481
Tree Management Plan Each $9,056
Signs
Temporary Sign Permit (See Definition L) Each $630
Sign Permit (See Definition M) Each $8,580
Sign Program Each $5,076
Interpretation Each $9,174
Extension of Approved Entitlements (See Definition N) Each $2,396 Environmental Assessment
Environmental Impact Report (Does not include State & County Filing Fees) Each Contract+Admin Fee Negative Declaration - Major (Does not include State & County Filing Fees) Each Contract+Admin Fee Negative Declaration - Minor (Does not include State & County Filing Fees) Each Contract+Admin Fee Statutory/Categorical Exemption (Does not include County Filing Fee) Each $457 Appeals (See Definition O)
Planning Commission Each $575
City Council Each $575
Miscellaneous Fees
Legal Noticing Fee (See Definition P) Each $600
Mercury News Ad Actual Cost + Admin Fee
Required Mailing Postage Each Actual Cost + Admin Fee
Zoning Verification Letter Each $664
Public Convenience and Necessity Letter (Alcoholic Beverage License) Each $331 Short-Term Rental Each $466
Mobile Vending Registration Fee Each $624
Special Events (See Definition Q)
Large Event Each $5,565
Small Event Each $500
Planning Inspection Per Inspection $490
Technology Fee Per Permit 5.80%
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CITY OF CUPERTINO
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule C - Planning
Fee Description Unit FY 2025-26 Proposed Fee
Fees Assessed with Building Permits
Wireless Master Plan Fees (at Building Permit Issuance) Equipment Mounted on Existing Light/Utility Pole Each $11.71 New Personal Wireless Facility (not mounted on light/utility pole) Each $2,553 Zoning, Planning, Municipal Code Fees (at Building Permit Issuance) All Non-Residential and Multi-Family Per s.f. $1.73
Residential Single Family Per s.f. $1.73
General Plan Office Allocation Fee Per s.f. $1.73
Planning Department Review fee as assessed at permit submittal (New Construction and Additions) (Payable at permit submittal) Each 20% of Plan Check and Inspection fees FOR INFORMATIONAL PURPOSES ONLY: 4
Housing Mitigation In-Lieu Fees 4 (See Definition R)
Residential - Ownership
Detached Single Family Residence Per s.f. $23.01
Small Lot Single Family Residence or Townhome Per s.f. $25.31 Multi-family Attached Townhome, Apartment, or Condominium (up to 35 du/ac) Per s.f. $30.68
Multi-family Attached Townhome, Apartment, or Condominium (over 35 du/ac) Per s.f. $30.68
Residential - Rental
Multi-family Attached Townhome, Apartment, or Condominium (up to 35 du/ac) Per s.f. $30.68
Multi-family Attached Townhome, Apartment, or Condominium (over 35 du/ac) Per s.f. $38.35
Non-Residential
Office, Research and Development, or Industrial Per s.f. $36.36 Hotel Per s.f. $18.18
Self-storage, employee unit provided Per s.f. $0.68
Self-storage, employee unit not provided Per s.f. $1.43 Warehouse Per s.f. $50.51
Commercial/Retail Per s.f. $15.34
4 All Housing Mitigation Fees are assessed in accordance with the BMR Housing Mitigation Manual. Non-residential Housing Mitigation In-lieu Fees are based on the 2015 and the 2020 Supplement to the Non-Residential Nexus Analysis by Keyser Marsten. Residential Housing Mitigation In-lieu Fees are based on the 2015 Nexus Study. These fees increase automatically annually (on July 1 of each year) by the Consumer Price Index of All Urban Consumers for San Francisco, CA.

An administrative fee (15%) will be charged for outside agency review/consultant services/outside services (ads etc.) per Schedule A - General Fees.

If plans are submitted on paper, these must be sent to an outside agency for scanning. The cost of scanning the plans, plus the administrative fee per Schedule A - General Fees will be charged.
1B All application fees except those projects subject to the Planning Staff Hourly Rate fee (see note 2) allow for two rounds of review. Any submissions beyond two shall be subject to a fee equal to 50% of the total permit fees paid initially. 2A Applications may be subject to a Planning Staff Hourly Rate fee for applicable staff time, and vendor invoice. These fees apply to projects that require a level of staff support greater than the scope of work included in the regular fee schedule and will be based on the time and materials required to process the entire project. The applicant will be notified if these fees are applicable to their project. The applicant will be required to enter into a Reimbursement Agreement with the City for such projects. 1A. Based on 2023 Fee and Cost Allocation Plan Study by Matrix Consulting 2B Any site visits and/or meetings with propective applicants are subject to a Planning Staff Hourly Rate fee for applicable staff time. 3 For new non-residential (including office) and multi-family construction or rebuild projects, the Non-Residential and Multi-Family Planning and Municipal Code fee shall apply. For new office construction or rebuilds, the General Plan Office Allocation Fee shall also apply. For new single family construction or rebuild projects, the single family Planning and Municipal Code fee shall apply. See the City's Existing vs. New Construction Comparison Matrix for definitions of new construction and rebuilds. 269
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City of Cupertino, CA
Resolution 26-XXX
Fee Effective July 1, 2026
Schedule D - Table 1 Plan Check and Inspection Fees
Related IBC
Class
Building Use
(e.g., IBC Occupancy Type) Sq. Ft. Permit Tech Cost
Plan Check
Cost
Inspection
Cost
Plan Check
Cost Inspection Cost
A Assembly 250 $133 $4,740 $4,462 $126.41 $132.29
1,250 $266 $6,004 $5,652 $126.41 $142.80
2,500 $266 $7,584 $7,437 $101.13 $5.32
5,000 $399 $10,113 $7,437 $25.28 $39.67
12,500 $399 $12,009 $10,412 $22.75 $34.38
25,000 $532 $14,853 $14,577 $59.41 $60.44
A A Occupancy Tenant Improvements 500 $266 $3,792 $4,462 $47.40 $87.67 2,500 $532 $4,740 $5,950 $50.56 $83.30
5,000 $532 $6,004 $8,032 $44.24 $5.32
10,000 $798 $8,216 $8,032 $8.43 $21.82
25,000 $798 $9,481 $11,305 $8.85 $18.91
50,000 $1,064 $11,693 $15,767 $23.39 $33.66
B Business 1,000 $266 $6,004 $6,545 $39.50 $58.71
5,000 $532 $7,584 $8,627 $44.24 $53.55
10,000 $532 $9,797 $11,305 $34.76 $29.43
20,000 $798 $13,273 $13,982 $7.37 $6.94
50,000 $798 $15,485 $16,065 $7.58 $13.03
100,000 $1,064 $19,277 $22,312 $19.28 $23.38
B B Occupancy Tenant Improvements 300 $133 $4,740 $3,570 $105.34 $135.03 1,500 $266 $6,004 $5,057 $105.34 $79.33
3,000 $266 $7,584 $6,247 $94.81 $4.43
6,000 $399 $10,429 $6,247 $17.56 $29.75
15,000 $399 $12,009 $8,925 $18.96 $22.70
30,000 $532 $14,853 $12,197 $49.51 $42.43
E Educational 100 $133 $4,740 $3,570 $316.02 $330.73
500 $266 $6,004 $4,760 $316.02 $356.99
1,000 $266 $7,584 $6,545 $284.42 $13.29
2,000 $399 $10,429 $6,545 $52.67 $89.25
5,000 $399 $12,009 $9,222 $56.88 $74.06
10,000 $532 $14,853 $12,792 $148.53 $133.24
E E Occupancy Tenant Improvements 100 $133 $3,476 $3,570 $237.01 $256.35 500 $266 $4,424 $4,462 $252.81 $297.49
1,000 $266 $5,688 $5,950 $189.61 $13.29
2,000 $399 $7,584 $5,950 $42.14 $79.33
5,000 $399 $8,849 $8,330 $44.24 $68.11
10,000 $532 $11,061 $11,602 $110.61 $121.34
F Factory Industrial 1,000 $266 $6,636 $6,842 $23.70 $51.27 5,000 $532 $7,584 $8,627 $37.92 $53.55
10,000 $532 $9,481 $11,305 $41.08 $29.43
20,000 $798 $13,589 $13,982 $6.32 $6.94
50,000 $798 $15,485 $16,065 $3.79 $13.03
100,000 $1,064 $17,381 $22,312 $17.38 $23.38
F F Occupancy Tenant Improvements 1,000 $266 $5,372 $5,355 $31.60 $51.27 5,000 $532 $6,636 $7,140 $37.92 $47.60
10,000 $532 $8,532 $9,520 $31.60 $2.66
20,000 $798 $11,693 $9,520 $6.32 $12.89
50,000 $798 $13,589 $13,387 $6.32 $11.24
100,000 $1,064 $16,749 $18,742 $16.75 $19.81
H High Hazard 100 $133 $6,636 $4,760 $395.02 $405.10
500 $266 $8,216 $6,247 $505.63 $356.99
1,000 $266 $10,745 $8,032 $379.22 $13.29
2,000 $399 $14,537 $8,032 $84.27 $109.08
5,000 $399 $17,065 $11,305 $82.16 $91.91
10,000 $532 $21,173 $15,767 $211.73 $162.99
H H Occupancy Tenant Improvements 100 $133 $3,792 $3,570 $237.01 $330.73 500 $266 $4,740 $4,760 $316.02 $356.99
1,000 $266 $6,320 $6,545 $221.21 $13.29
2,000 $399 $8,532 $6,545 $52.67 $89.25
5,000 $399 $10,113 $9,222 $44.24 $74.06
10,000 $532 $12,325 $12,792 $123.25 $133.24
I Institutional 500 $266 $7,584 $5,057 $94.81 $102.54
2,500 $532 $9,481 $6,842 $113.77 $83.30
5,000 $532 $12,325 $8,925 $88.49 $5.32
10,000 $798 $16,749 $8,925 $18.96 $25.78
25,000 $798 $19,593 $12,792 $18.96 $20.10
50,000 $1,064 $24,333 $17,552 $48.67 $37.23
I I Occupancy Tenant Improvements 100 $133 $4,740 $3,570 $316.02 $330.73 500 $266 $6,004 $4,760 $316.02 $297.49
1,000 $266 $7,584 $6,247 $284.42 $13.29
2,000 $399 $10,429 $6,247 $52.67 $89.25
Base Cost1 Cost for each Add. 100 Sq. Ft.1,2
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City of Cupertino, CA
Resolution 26-XXX
Fee Effective July 1, 2026
Schedule D - Table 1 Plan Check and Inspection Fees
Related IBC
Class
Building Use
(e.g., IBC Occupancy Type) Sq. Ft. Permit Tech Cost
Plan Check
Cost
Inspection
Cost
Plan Check
Cost Inspection Cost
Base Cost1 Cost for each Add. 100 Sq. Ft.1,2
5,000 $399 $12,009 $8,925 $56.88 $68.11
10,000 $532 $14,853 $12,197 $148.53 $127.29
M Mercantile 2,000 $399 $8,849 $7,437 $31.60 $31.02
10,000 $798 $11,377 $9,520 $31.60 $32.72
20,000 $798 $14,537 $12,792 $25.28 $1.99
40,000 $1,196 $19,593 $12,792 $5.79 $8.92
100,000 $1,196 $23,069 $18,147 $5.69 $7.54
200,000 $1,595 $28,758 $25,287 $14.38 $13.44
M M Occupancy Tenant Improvements 300 $266 $3,792 $4,165 $79.00 $146.11 1,500 $532 $4,740 $5,652 $105.34 $119.00
3,000 $532 $6,320 $7,437 $73.74 $8.86
6,000 $798 $8,532 $7,437 $17.56 $36.36
15,000 $798 $10,113 $10,710 $14.75 $27.56
30,000 $1,064 $12,325 $14,577 $41.08 $52.14
R-1 Residential—Hotels & Motels 3,000 $399 $10,429 $8,627 $23.70 $25.64 15,000 $798 $13,273 $11,305 $25.28 $23.80
30,000 $798 $17,065 $14,875 $20.01 $1.33
60,000 $1,196 $23,069 $14,875 $4.21 $6.94
150,000 $1,196 $26,862 $21,122 $4.42 $5.82
300,000 $1,595 $33,498 $29,452 $11.17 $10.35
R-2 Residential—Apartment Building 800 $266 $8,216 $6,842 $69.13 $73.39 4,000 $532 $10,429 $8,925 $79.00 $66.94
8,000 $532 $13,589 $11,602 $59.25 $3.32
16,000 $798 $18,329 $11,602 $13.17 $19.83
40,000 $798 $21,489 $16,362 $13.43 $17.03
80,000 $1,064 $26,862 $22,907 $33.58 $29.96
R-2 Residential—Apartment Building 800 $266 $316 $6,842 $0.00 $73.39 - Repeat Unit 4,000 $532 $316 $8,925 $0.00 $66.94
8,000 $532 $316 $11,602 $0.00 $3.32
16,000 $798 $316 $11,602 $1.32 $19.83
40,000 $798 $632 $16,362 $0.00 $17.03
80,000 $1,064 $632 $22,907 $0.79 $29.96
R-3 Dwellings—Custom Homes, Models, 1,000 $266 $6,004 $7,140 $21.07 $59.50 First Master Plan 2,500 $266 $6,320 $8,032 $84.27 $59.50 4,000 $266 $7,584 $8,925 $15.80 $87.67
6,000 $532 $7,900 $10,412 $63.20 $29.75
8,000 $532 $9,165 $11,007 $15.80 $87.67
10,000 $798 $9,481 $12,495 $94.81 $132.92
R-3 Dwellings—Production Phase 1,000 $133 $632 $5,057 $0.00 $127.86 of Master Plan (Repeats) 2,500 $266 $632 $6,842 $21.07 $138.83 4,000 $266 $948 $8,925 $15.80 $13.29
6,000 $532 $1,264 $8,925 $15.80 $193.37
8,000 $532 $1,580 $12,792 $15.80 $251.29
10,000 $798 $1,896 $17,552 $18.96 $183.50
R-3 Group Care 1,000 $266 $6,952 $6,842 $47.40 $66.15
5,000 $532 $8,849 $9,222 $50.56 $53.55
10,000 $532 $11,377 $11,900 $41.08 $2.66
20,000 $798 $15,485 $11,900 $8.43 $16.86
50,000 $798 $18,013 $16,957 $8.85 $13.62
100,000 $1,064 $22,437 $23,502 $22.44 $24.57
R R Occupancy Tenant Improvements 80 $266 $2,844 $3,867 $197.51 $371.87 400 $266 $3,476 $5,057 $237.01 $371.87
800 $266 $4,424 $6,545 $197.51 $33.23
1,600 $532 $6,004 $6,545 $39.50 $123.96
4,000 $532 $6,952 $9,520 $47.40 $88.46
8,000 $798 $8,849 $12,792 $110.61 $169.87
S Storage 600 $266 $5,372 $4,760 $65.84 $73.06
3,000 $532 $6,952 $6,247 $63.20 $69.42
6,000 $532 $8,849 $8,330 $52.67 $4.43
12,000 $798 $12,009 $8,330 $10.53 $19.83
30,000 $798 $13,905 $11,900 $11.59 $15.76
60,000 $1,064 $17,381 $16,362 $28.97 $29.04
S S Occupancy Tenant Improvements 600 $266 $4,424 $4,462 $52.67 $73.06 3,000 $532 $5,688 $5,950 $52.67 $69.42
6,000 $532 $7,268 $8,032 $42.14 $4.43
12,000 $798 $9,797 $8,032 $8.78 $18.18
30,000 $798 $11,377 $11,305 $9.48 $15.76
60,000 $1,064 $14,221 $15,767 $23.70 $28.05
U Accessory 40
200
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City of Cupertino, CA
Resolution 26-XXX
Fee Effective July 1, 2026
Schedule D - Table 1 Plan Check and Inspection Fees
Related IBC
Class
Building Use
(e.g., IBC Occupancy Type) Sq. Ft. Permit Tech Cost
Plan Check
Cost
Inspection
Cost
Plan Check
Cost Inspection Cost
Base Cost1 Cost for each Add. 100 Sq. Ft.1,2
400
800
1,000 $266 $2,528 $4,165 $31.60 $191.79
2,000 $399 $2,844 $5,950 $47.40 $125.64
4,000 $532 $3,792 $8,330 $94.81 $221.54
Standard Comm. Foundation 500 $266 $3,160 $4,462 $31.60 $87.67 w/o Podium 2,500 $532 $3,792 $5,950 $50.56 $71.40
5,000 $532 $5,056 $7,735 $37.92 $5.32
10,000 $798 $6,952 $7,735 $6.32 $21.82
25,000 $798 $7,900 $11,007 $7.58 $17.72
50,000 $1,064 $9,797 $15,172 $19.59 $32.47
Standard Comm. Foundation 500 $266 $3,476 $4,760 $47.40 $87.67 with Podium 2,500 $532 $4,424 $6,247 $50.56 $83.30
5,000 $532 $5,688 $8,330 $37.92 $5.32
10,000 $798 $7,584 $8,330 $8.43 $23.80
25,000 $798 $8,849 $11,900 $8.85 $18.91
50,000 $1,064 $11,061 $16,362 $22.12 $34.85
All Shell Buildings 500 $266 $3,792 $4,165 $47.40 $87.67 2,500 $532 $4,740 $5,652 $63.20 $71.40
5,000 $532 $6,320 $7,437 $44.24 $5.32
10,000 $798 $8,532 $7,437 $10.53 $21.82
25,000 $798 $10,113 $10,710 $8.85 $16.53
50,000 $1,064 $12,325 $14,577 $24.65 $31.28
1 At Building Permit submittal, a Planning Division Review fee of 20% shall be collected (see Table 3 - Misc. Items) 2 Each additional 100 square feet, or portion thereof, up to the next highest project size threshold. 272
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FEE DESCRIPTION Unit
FY 2026-27
Proposed Fee

MECHANICAL FEES
Mechanical Permit Fee Each $303
Stand Alone Mechanical Plan Check (hourly rate) Each $303 Other Mechanical Inspections (hourly rate) Each $303
MECHANICAL UNIT FEES:

Install or relocate HVAC system or portion there of
Residential Each $297
Commercial Each $447
Hood installation that is served by mechanical exhaust, including the ducts for such hood
Residential Each $150
Commercial Each $595
Any other piece of equipment or appliance not listed in Mechanical schedule. Each $297 Electrical Permit Fee Each $303
Electrical Plan Check Each $303
Electrical Inspections Each $303
ELECTRICAL UNIT FEES:

Residential Whole-House Rewire (up to 2500 sq ft) Each $595 Each Additional 1000 sq ft Each 1,000 sf $297
Receptacle, switch, lighting, or other outlets at which current is used or controlled, except services, feeders, and meters
First 20 First 20 $99
Each Additional Each $10
Lighting fixtures, sockets, or other lamp-holding devices First 20 First 20 $150
Each Additional Each $10
Pole or platform-mounted lighting fixtures Each $34

CITY OF CUPERTINO, CA
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule D - Table 2 Mechanical, Electrical & Plumbing Fees

ELECTRICAL FEES
273
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FEE DESCRIPTION Unit
FY 2026-27
Proposed Fee

CITY OF CUPERTINO, CA
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule D - Table 2 Mechanical, Electrical & Plumbing Fees Appliances (Install / Repair / Replace)
Residential Each $50
Commercial Each $98
Power Apparatus - Generator/Transformer or Similar (Install/Repair/Replace) Residential Each $297
Commercial Each $447
Services (including Temporary Power)
600 volts or less, up to 200 amperes in rating Each $99 600 volts or less, 201 to 1000 amperes in rating Each $297 Over 600 volts or over 1000 amperes in rating Each $447 Any other Electrical apparatus, conduits, and conductors not listed in Electrical Schedule.

Each $297

PLUMBING/GAS FEES
Plumbing/Gas Permit Fee Each $303
Stand Alone Plumbing Plan Check Each $303
Other Plumbing and Gas Inspections Each $303
PLUMBING/GAS UNIT FEES:

Residential Whole-House Re-Plumbing (up to 2500 sq ft) Each $595 Each Additional 1000 sq ft Each 1,000 sf $297
Building sewer lateral (Install / Repair / Replace)
Residential Each $74
Commercial Each $150
Sewer Clean-out (Install/Repair/Replace)
Residential Each $74
Commercial Each $150
Building Drain/Waste/Vent Repair
Residential Each $21
Commercial Each $30
Water Heater Replacement / Installation - All Types
Residential Each $74
Commercial Each $223
Interceptors - Grease/Sand (Install/Repair/Replace) Each $223 274
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FEE DESCRIPTION Unit
FY 2026-27
Proposed Fee

CITY OF CUPERTINO, CA
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule D - Table 2 Mechanical, Electrical & Plumbing Fees Water Treatment System (Install/Repair/Replace) Each $99 Gas piping (Install/Repair/Replace) Each 4 $150
Install or Replace Water Meter / Service Each $74
Partial Water Re-pipe
Residential Per fixture $30
Commercial Per fixture $20
Any other device/fixture not listed in Plumbing Schedule (Install/Repair/Replace) Each $150 275
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Work Item
Unit FY 2026-27 Proposed Fee
Standard Hourly Rate - Building Per hour $303
Accessibility Hardship Exemption Each $316
Acoustical Review
Single Family Home/Duplex—New Each $746
Single Family Home/Duplex—Addition/Alteration Each $439 Multi-Family/Commercial Each $746
Additions (Non Hillside R3 Occupancy) - Plan Check Fees Plan Check Fees (up to 250 sq. ft.) Each $2,794
Plan Check Fees (251 - 499 sq. ft.) Each $5,322
Plan Check Fees (500-999 sq. ft.) Each $6,586
Additions (Non Hillside R3 Occupancy) - Inspection Fees Inspection Fees (up to 250 sq. ft.) Each $3,570
Inspection Fees (251 - 499 sq. ft.) Each $4,760
Inspection Fees (500-999 sq. ft.) Each $5,950
Accessory Buildings - Residential
Accessory Buildings (Up to 499 sq. ft.) Each $1,954
Accessory Buildings (500 - 999 sq. ft.) Each $2,866
Accessory Dwelling Unit (ADU) - Plan Check Fees
Plan Check Fees (up to 499 sq. ft.) Each $2,795
Plan Check Fees (500 - 999 sq. ft.) Each $4,058
Accessory Dwelling Unit (ADU) - Inspection Fees
Inspection Fees (up to 499 sq. ft.) Each $2,975
Inspection Fees (500 - 999 sq. ft.) Each $4,164
Address Assignment Per hour $266
Board of Appeals Per hour $303
Clerical Fee 1/2 hour $133
Alternate Materials and Methods of Construction Per hour $291 Antenna—Telecom Facility
Radio Each $521
Cellular/Mobile Phone, alterations to existing facility Each $746 Cellular/Mobile Phone, free-standing Each $2,587
Cellular/Mobile Phone, attached to building Each $1,360 Arbor/Trellis Each $746
Awning/Canopy (supported by building) Each $746
Balcony Addition Each $1,809
Battery Energy Storage System up to three (3) $746
Each Additional Each $439

CITY OF CUPERTINO, CA
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule D - Table 3 Miscellaneous Items
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Work Item
Unit FY 2026-27 Proposed Fee

CITY OF CUPERTINO, CA
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule D - Table 3 Miscellaneous Items
Below Market Rate
Escrow Inspection % of Sale Price 0.52%
Carport Each $1,044
Certifications
Special Inspector Qualifications (initial review) Each $583 Special Inspector Qualifications (renewal / update) Each $266 Chimney (new) Each $1,044
Chimney Repair Each $589
Commercial Coach (per unit) Each $1,360
Covered Porch Each $1,044
Deck (wood) Each $1,044
Deck Railing Each $589
Deferred Submittal (2 hour minimum) Each $303
Demolition
Multi-Family and Commercial (up to 3,000 sf) Base $880
Multi-Family and Commercial (each additional 3,000 sf) Each 3,000 sf $306 Residential (R-3 Occ) (up to 3,000 sf) Base $880
Residential (R-3 Occ) (each additional 3,000 sf) Each 3,000 sf $306 Swimming Pool Residential Each $589
Swimming Pool Multi-Family and Commercial (up to 3,000 sf) Base $886 Swimming Pool Multi-Family and Commercial (each additional 3,000 sf) Each 3,000 sf $297 Disabled Access Compliance Inspection Per hour $303
Door
New door (non structural) Each $439
New door (structural shear wall/masonry) Each $746
Duplicate / Replacement Job Card Each $133
Electric Vehicle Charging Station Each $303
Extensions
Plan Check Applications (within 180 days of Submittal) 1 hour $303 Permits (within 180 days of Issuance)
Start construction, without plans 1/2 hour $158
Resume or complete construction, without plans 1/2 hour $158 Start construction, with plans 1 hour $316
Resume or complete construction, with plans 2 hours $632 277
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Work Item
Unit FY 2026-27 Proposed Fee

CITY OF CUPERTINO, CA
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule D - Table 3 Miscellaneous Items
Fence
Non-masonry, over 7 feet in height Up to 100 l.f. $589
Non-masonry, each additional 100 l.f. Each 100 l.f. $150 Masonry, over 7 feet in height Up to 100 l.f. $1,044
Masonry, each additional 100 l.f. Each 100 l.f. $595
Fireplace
Masonry each $1,044
Pre-Fabricated/Metal each $589
Flag pole (over 20 feet in height) each $589
Foundation Repair each $1,342
Inspections
Pre-Inspection Fee Per hour $303
Standard Inspection Hourly Rate Per hour $303
Progress Inspection Per hour $303
Partial Inspection Per hour $303
Courtesy Inspection - 2 hour minimum Per hour $303
Cancelled inspection w/out advance notice Per hour $303 Reinspection Per hour $303
Outside of normal business hours (2 hour minimum) Per hour $351 Inspection Supplemental Fee (Projects that require more inspections than average, the Building Official may charge additional inspection fees) First 1/2 hour minimum First 1/2 hour $150
Each Additional hour Per hour $297
Lighting pole Each $746
each additional pole Each $306
Modular Structures Each $1,062
Modification of Technical Code 1 hour $303
Occupancy
Certificate of Occupancy/Completion Each $589
Temporary Occupancy Permit Per six months $589
Partition—Commercial, Interior (up to 30 l.f.) Up to 30 l.f. $895 Additional partition Each 30 l.f. $297
Partition—Residential, Interior (up to 30 l.f.) Up to 30 l.f. $589 Additional partition Each 30 l.f. $297
278
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Work Item
Unit FY 2026-27 Proposed Fee

CITY OF CUPERTINO, CA
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule D - Table 3 Miscellaneous Items
Patio Cover / Gazebo
Wood frame Up to 300 sf $1,062
Metal frame Up to 300 sf $1,062
Other frame Up to 300 sf $1,062
Additional patio Each 300 sf $456
Enclosed prefabricated Sun Room Up to 300 sf $1,044
Photovoltaic System
Residential
Systems up to 15kW Each $450
Each Additional kW Above 15kW Each Addl kW $15
Multi-Family and Commercial:

Systems up to 50kW up to 8 kW Each $1,000
Multi-Family Res/Commercial, each additional 1 kilowatt Each 1 addl kW $7 Each Additional kW Above 250kW Each addl kW $5
Thermal System
Residential:

Systems up to 10kW Each $450
Each Additional kW Above 10kW Each addl kW $15
Multi-Family and Commercial:

Systems up to 30kW Each $1,000
Each Additional kW between 30kW and 260kW Each addl kW $7 Each Additional kW Above 260kW Each addl kW $5
Pile Foundation
Cast in Place Concrete (first 10 piles) Up to 10 $1,360 Additional Piles (increments of 10) Each 10 $912
Driven (steel, pre-stressed concrete) Up to 10 $1,360
Additional Piles (increments of 10) Each 10 $912
Product Review Per hour $291
Plan Review
Standard Plan Review Hourly Rate Per hour $316
Overtime Plan Review (2 hour minimum) Per hour $370
Pre-Submittal Plan Review (2 hour minimum) Per hour $316 Expedited Plan Review Each 1.5x Plan Check Fee
Plan Review Supplemental Fee (after 2nd review)
First 1/2 hour minimum First 1/2 hour $317
Pre-Construction Meeting Each $513
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Work Item
Unit FY 2026-27 Proposed Fee

CITY OF CUPERTINO, CA
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule D - Table 3 Miscellaneous Items
Remodel—Residential
Kitchen (up to 300 sq. ft.) Each $1,184
Bath (up to 300 sq. ft.) Each $1,184
Other Remodel (up to 300 sq. ft.) Each $1,044
Additional remodel (per sq. ft. above 300) Per s.f. $2.60 Other Remodel (1000 sq. ft.) Each $2,866
Additional remodel (per sq. ft. above 1000) Per s.f. $0.61 Other Remodel (2500+ sq. ft.) Each $3,777
Additional remodel (per sq. ft. above 2500) Per s.f. $0.30 Re-roof
Residential (maximum $500 per building) Each 100 sf $28 Multi-Family Dwelling (maximum $500 per building) Each 100 sf $28 Commercial
Commercial (first 5,000 sf) Each $728
Commercial (each additional 2,500 sf) Each 2,500 sf $297 Retaining Wall (concrete or masonry)
Standard (up to 50 l.f.) Up to 50 l.f. $1,360
Additional retaining wall Each 50 l.f. $912
Special Design, 3-10' high (up to 50 l.f.) Up to 50 l.f. $1,974 Additional retaining wall Each 50 l.f. $1,209
Special Design, over 10' high (up to 50 l.f.) Up to 50 l.f. $2,271 Additional retaining wall Each 50 l.f. $1,506
Gravity/Crib Wall, 0-10' high (up to 50 l.f.) Up to 50 l.f. $1,974 Additional Gravity/Crib Wall Each 50 l.f. $1,209
Gravity/Crib Wall, over 10' high (up to 50 l.f.) Up to 50 l.f. $2,271 Additional Gravity/Crib Wall Each 50 l.f. $1,506
Revisions $303
Sauna—steam Each $1,044
Siding
Stone and Brick Veneer (interior or exterior) Up to 400 sf $728 All Other Up to 400 sf $578
Additional siding Each 400 sf $150
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Work Item
Unit FY 2026-27 Proposed Fee

CITY OF CUPERTINO, CA
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule D - Table 3 Miscellaneous Items
Signs
Directional Each $589
Each additional Directional Sign Each $306
Ground/Roof/Projecting Signs Each $589
Master Plan Sign Check Each $589
Rework of any existing Ground Sign Each $589
Other Sign Each $589
Reinspection Fee Each $141
Wall/Awning Sign, Non-Electric Each $439
Wall/Awning Sign, Electric Each $589
Skylight
50 sf or less (cumulative area) Each $589
Greater than 50 sf or structural Each $306
Stairs—First Flight First flight $589
Each additional flight Per flight $306
Storage Racks
0-8' high (up to 100 l.f.) First 100 l.f. $746
each additional 100 l.f. Each 100 l.f. $150
over 8' high (up to 100 l.f.) First 100 l.f. $895
each additional 100 l.f. Each 100 l.f. $150
Stucco Applications
Base Up to 400 sf $578
Additional Stucco Application Each 400 sf $150
Swimming Pool/Spa
Vinyl-lined Each $1,360
Fiberglass Each $1,360
Gunite (up to 800 sf) Each $1,954
Additional pool (over 800 sf) Each 100 sf $456
Commercial pool (up to 800 sf) Each $3,315
Additional pool (over 800 sf) Each 100 sf $912
Spa or Hot Tub (Pre-fabricated) Each $589
Technology Fee Per Permit 5.8%
Temporary Structures Each $895
Tenant Improvement Preparation Each $589
Window or Sliding Glass Door
Replacement (first 8 windows) First 8 $431
Replacement (each additional 8 windows) Each 8 $150
New Window (non structural) Each $369
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Work Item
Unit FY 2026-27 Proposed Fee

CITY OF CUPERTINO, CA
Resolution 26-XXX
Fees Effective July 1, 2026
Schedule D - Table 3 Miscellaneous Items
New window (structural shear wall/masonry) Each $521
Bay Window (structural) Each $521
Planning Department Review fee (New Construction and Additions) (Payable at permit submittal)
Each
20% of plan review and
inspection fees
Planning Hourly Rate (Misc Reviews) Per hour Refer to Schedule C Housing Mitigation In-lieu fees (Payable at Building Permit issuance) Per sq. ft. Refer to Schedule C Zoning, Planning, Municipal Code fees (Payable at Building Permit issuance) Per sq. ft. Refer to Schedule C Wireless Master Plan fee (Payable at Building Permit issuance) Each Refer to Schedule C Refunds - Plan Check Fees
1st review not started (within 3 Business of Submittal) 100% of Plan Review Fees Plan review more than 3 Business Days after the Date of Submittal No refund Refunds - Building Permit Fees
No inspections and permit is active (not expired) 80% of permit fees No inspections and permit is expired No refund
Inspections were provided No refund
Work without permit - based on current permit and plan check fees Double fees NOTE:

Fees identified in this Table consist of 50% Plan Review Fee and 50% Inspection Fee Fee Adjustments: In instances where the strict application of fees from this schedule would constitute a substantial inequity to an applicant or to the City, the Chief Building Official shall be authorized to adjust such fees on a case-by-case basis. Any such adjustments shall be recorded in writing and entered into the appropriate files. 282
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RESOLUTION NO. 26-XXX

A RESOLUTION OF THE CUPERTINO CITY COUNCIL AMENDING

PREVIOUS FEE SCHEDULES
WHEREAS, the State of California requires fees charged for service rendered not to exceed the cost of delivering said services; and WHEREAS, a public hearing has been held to review user fees; and WHEREAS, in 2023 the City conducted a Cost of Service (User Fee) Study and conducts annual updates pursuant to economic factors discussed in the staff report for this item to ensure that the fees charged do not exceed the cost of delivering the services.

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

1. Amend the user fees per attached Schedules A, B, C, and D to this resolution effective July 1, 2026.

BE IT FURTHER RESOLVED that this Resolution is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that this Resolution is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of April, 2026, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:
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Resolution No. __________________

SIGNED:
________
Kitty Moore, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Lauren Sapudar, City Clerk
________________________
Date
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RESOLUTION NO. 24-041

A RESOLUTION OF THE CUPERTINO CITY COUNCIL ADOPTING

USER FEE COST RECOVERY POLICY
WHEREAS, the Cupertino City Council has identified a need to adopt a policy governing general guidelines for establishing and maintaining a comprehensive user fee schedule to ensure the City adequately recovers costs for the provision of services, benefits, or privileges ( Services) in an efficient, legal, and accountable manner; and
WHEREAS, on May 14, 2024, the City Council considered proposed policy at a duly noticed special meeting of the City Council.

NOW, THEREFORE, BE IT RESOLVED that:

1. The City Council hereby adopts the User Fee Cost Recovery Policy attached hereto as Exhibit A. The Policy shall be effective on July 14, 2024.

PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 14th day of May, 2024, by the following vote:

Members of the City Council
AYES: Mohan, Fruen, Chao, Moore, Wei
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:

Sheila Mohan, Mayor
City of Cupertino
Date
ATTEST:

Kirsten Squarcia, City Clerk Date
6/3/24
6/3/24
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USER FEE COST

RECOVERY POLICY
Citywide Policy Manual
Attachments: N/ A
Effective Date:

July 14, 2024 per Resolution 24-041
Responsible Department:

Administrative Services
Related Policies & Notes:

Purpose
To provide general guidelines for establishing and maintaining a comprehensive user fee schedule to ensure the City adequately recovers costs for the provision of services, benefits, or privileges (Services) in an efficient, legal, and accountable manner.

Background
The City conducts comprehensive Cost Allocation Plans (CAP) and Fee Studies on a seven-year cycle to assess the alignment of current fees with the actual cost of providing each service. CAP establishes a data- driven methodology for distributing administrative and overhead charges to programs and services, while a Fee Study determines the full cost of services for which fees are charged. The most recent study, presented during the February 6,2024, City Council Meeting, recommended the adoption of a formal cost recovery policy across all service sectors, including General, Engineering, Building, Planning, and Parks and Recreation. The CAP and Fee Study guided the crafting of the policy by City staff, aligning closely with Council directives and recommendations.

Between CAP and fee studies, the City adjusts fee schedules annually to reflect changes in the Consumer Price Index (CPI), the Bay Area Construction Cost Index (CCI), or changes in budgeted labor costs. These adjustments require annual review and approval by the City Council to ensure fees accurately reflect current service costs, accommodate new City services, and eliminate fees for discontinued services.

Policy
The policy has three main components:

Provision for ongoing review
Process of establishing cost recovery levels
o Factors to be Considered
Target Cost Recovery Levels
o General ranges
o Target cost recovery by service area
Attachment A
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Provision for ongoing review
Fees will undergo annual reviews to ensure they remain aligned with changes in the cost of living and evolving methods or levels of service delivery. To facilitate an evidence-based approach to this review process, the City will conduct a CAP and Fee Study every seven years. During the interim periods, fee adjustments will be made based on annual cost factors, such as the Consumer Price Index ( CPI), the Bay Area Construction Cost Index ( CCI), or changes in budgeted labor costs.

Furthermore, should a significant fee increase be warranted after the completion of the study, the fee structure may be phased in over a period of 2-3 years to reach the desired cost recovery rate.

This proactive approach ensures that our fee structures remain fair, transparent, and reflective of current economic conditions and service standards.

Process of establishing user fee cost recovery levels
The following factors will be considered when setting service fees and cost recovery levels:

1. Community-wide vs. private benefit
a. The use of general purpose revenue is appropriate for community- wide services while user fees are appropriate for services that are of private benefit to individuals or groups. Full cost recovery is not always appropriate.

2. Service recipient vs. service driver
a. Particularly for services associated with regulated activities ( development review, code enforcement), from which the community eventually benefits, cost recovery from the "driver" of the need for the service ( applicant, violator) is appropriate.

3. Consistency with City public policies and objectives a. City policies and Council goals focused on long-term improvements to community quality of life may also impact desired fee levels, as fees can be used to change community behaviors, promote certain activities, or provide funding for the pursuit of specific community goals, for example, health and safety, environmental stewardship.

4. Impact on demand ( elasticity)
a. Pricing of services can significantly impact demand. At full cost recovery, for example, the City is providing services for which there is a genuine market not over-stimulated by artificially low prices. Conversely, high- cost recovery may negatively impact lower-income groups, and this can work against public policy outcomes, especially if the services are specifically designed to serve particular groups.

5. Discounted Rates and Surcharges
a. Rates may be discounted to accommodate lower income groups or groups who are the target of the service, such as senior citizens or residents. b. Higher rates are considered appropriate for non-residents to further reduce general fund subsidization of services.

Attachment A
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6. Feasibility of Collection
a. It may be impractical or too costly to establish a system to appropriately identify and charge each user for the specific services received. The method of assessing and collecting fees should be as simple as possible in order to reduce the administrative cost of collection.

Target cost recovery levels

1. Low-cost recovery levels ( 0% - 30%) are appropriate if:
a. There is no intended relationship between the amount paid and the benefit received
b. Collecting fees is not cost-effective
c. There is no intent to limit the use of the service
d. The service is non-recurring
e. Collecting fees would discourage compliance with regulatory requirements f. The public at large benefits even if they are not the direct users of the service

2. Services having factors associated with both cost recovery levels would be subsidized at a mid-level of cost recovery ( 31% - 80%).

3. High- cost recovery levels ( 81% - 100%) are appropriate if:
a. The individual user or participant receives the benefit of the service b. Other private or public sector alternatives could or do provide the service c. For equity or demand management purposes, it is intended that there be a direct relationship between the amount paid and the level and cost of the service received
d. The use of the service is specifically discouraged
e. The service is regulatory in nature
Schedule/ Service Area Target Cost Recovery Range
Schedule A – General 100%
Schedule B – Engineering ( PW) 75-100%
Schedule C – Building 80-100%
Schedule D – Planning 50-80%
Schedule E – Recreation* Market- driven
Parks and Recreation Fees exclusion – fees will be administratively updated per Resolutions No. 04- 350, authorizing the City Manager to set all recreation fees.

Revisions:

Attachment A
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CITY OF CUPERTINO
Agenda Item
26-14755 Agenda Date: 4/21/2026
Agenda #: 14.

Subject: Introduction and first reading of an Ordinance to amend Cupertino Municipal Code Chapter 9.17 Single-Use Carryout Bags, pertaining to regulation of single-use carryout bags at retail stores and restaurants.

1. Introduce and conduct the first reading of Ordinance 26-2280 “An Ordinance of the City Council of the City of Cupertino amending City Code Chapter 9.17 Single-Use Carryout Bags.”

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

CITY OF CUPERTINO Page 1 of 1 Printed on 4/15/2026
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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: April 21, 2026
Subject
Introduce amendments to an Ordinance of Cupertino Municipal Code, Chapter 9.17 Single-Use Carryout Bags, pertaining to regulation of single-use carryout bags at retail stores and restaurants.

Recommended Action

1. Introduce and conduct the first reading of Ordinance 26-____ “An Ordinance of the City Council of the City of Cupertino amending City Code Chapter 9.17 Single-Use Carryout Bags.”

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

Executive Summary
Cupertino’s single-use carryout bag ordinance needs to be updated to align with current State regulations banning stores from providing plastic carryout bags with handles at point of purchase. The state regulations eliminate the use of thicker carryout plastic bags characterized as reusable. Only recycled-content paper bags are allowed to be provided by the store at checkout as carryout bags and must be sold for a minimum of ten cents. The proposed ordinance amendment also updates reference to “pre-checkout” bags (e.g. produce bags) which are required by State regulations to be either paper or compostable plastic. Cupertino’s local bag ordinance retains applicability to restaurants as well as retail stores.

Background
In January 2013, the City of Cupertino adopted an ordinance regulating single-use carryout bags to reduce the use of thin, lightweight plastic bags which contribute to environmental problems, including litter in storm drains, creeks, the bay, and the ocean. In 2016, the State adopted a similar ban. Both the local ordinance and the state ban allowed the use of thicker plastic bags if they met certain requirements to be considered reusable. Senate Bill (SB) 1053 (Solid waste: recycled paper bags: standards: carryout bag prohibition), effective January 1, 2026, found that thicker plastic carryout bags were not generally reused by consumers and resulted in an increased amount of plastic and plastic waste. SB 1053 bans the distribution of all plastic carryout bags at stores, requiring recycled-content paper bags instead. 290
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The proposed ordinance amendments would bring local municipal code into alignment with the new State regulations. The amendments also capture that pre-checkout bags (e.g. produce bags) are required by SB 1046 (Solid waste: pre-checkout and carryout bags) to be paper or compostable plastic as defined in the Public Resources Code.

Cupertino’s local code does not exempt restaurants from the regulations. Cupertino Municipal Code 9.17.140 already specifies that beginning September 6, 2023, a public eating establishment may no longer provide plastic single-use carryout bags but may provide a recycled paper or reusable bag to transport prepared food at no charge. In alignment with the new State regulations, the phrase “or reusable” has been removed. As with grocery stores, restaurants are allowed to use paper or compostable plastic bags without handles to help with transport or protection of food to the point of sale.

Reasons for Recommendation and Available Options
State regulations reflect the findings that an unintended consequence of banning thin, lightweight plastic bags was the proliferation of thicker plastic bags meeting standards for reuse such as thickness and durability. While meeting the reusability standards, in practice the thicker bags do not generally get reused. The regulations further state, as quoted from the text of the law1, that the intention of the new law is to:

1. Support and reflect the will of California voters who voted to ban the distribution of plastic carryout bags at stores.

2. Incentivize California consumers to bring their own reusable bag for carrying out store purchases, with stores encouraging and supporting this practice, which will reduce the costly and wasteful practice of relying on store-provided carryout bags.

3. Support sustainable and thriving communities and natural environments that are not burdened with pollution from plastic production nor littered with plastic waste.

4. Eliminate plastic film carryout bags from grocery store distribution and increase the recycling of paper carryout bags.

5. Reduce the proliferation of plastic pollution by eliminating the existing provision of law that allows plastic film carryout bags to be distributed as reusable bags under the state’s bag ban.

Based on the findings outlined above, staff recommend approving the amendments to City Code Chapter 9.17 Single-Use Carryout Bags. If the City does not approve the proposed amendments, the Municipal Code will not align with statelaw.

Sustainability Impact
Discussion of carryout bags often leads to questions about which type of bag has the lowest environmental impact. For single-use bags it has been shown, for instance, that paper bags require more resources to produce and transport, however they do not blow around as lightweight litter, degrade into microplastics, or get tangled in recycling or garbage processing equipment, and they can be recycled or composted.
1 https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB1053 291
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Detail regarding assessment of different types of reusable bags that shoppers may bring to stores to avoid using a single-use bag is included in Attachment C. While the environmental considerations of materials can be complex, multiple studies of the topic agreed that the best type of reusable bag is the one that the shopper will use and re-use, and which they likely already own.

Fiscal Impact
No fiscal impact.

City Work Program (CWP) Item/Description
None
Council Goal
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, Public Works Director
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A – Draft Ordinance (clean version)
B – Draft Ordinance (redline version)
C – Reusable Bag Comparison Studies Review
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1 ORDINANCE NO. 26-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CITY CODE TO AMEND SECTIONS 9.17.100, 9.17.110,

9.17.130,9.17.140 TO REGULATE SINGLE‐USE CARRYOUT BAGS
The City Council of the City of Cupertino finds that:

1. WHEREAS, on October 1, 2013, the City of Cupertino adopted an ordinance to regulate the provisions of retail establishments providing single-use carryout bags, currently codified as Chapter 9.17 of the City Code; and

2. WHEREAS, this ordinance amendment continues to regulate the distribution and sale of single-use carryout bags by retail establishments in Cupertino; and

3. WHEREAS, the State adopted SB 1053 in September 2024, which commencing January 1, 2026, would revise and recast provisions to prohibit the distribution of single-use plastic carryout bags by retail establishments

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

SECTION 1. Adoption.

The Cupertino Municipal Code is hereby amended as set forth in Attachment A.

SECTION 2: Severability and Continuity.

The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino 293
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Ordinance No. 26-

Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions.

SECTION 3: California Environmental Quality Act.

This Ordinance is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action to regulate the use of single-use carryout bags by a retail establishment would have no or only a de minimis effect on the environment because reducing the use of disposable plastic singleuse carryout bags would not have the potential for causing a significant effect 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 April 21, 2026 and ENACTED at a regular meeting of the Cupertino City Council on May 5, 2026 by the following vote
Members of the City Council
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Ordinance No. 26-

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
______________________
Kitty Moore, Mayor
City of Cupertino
________________________
Date
ATTEST:
_______________________
Lauren Sapudar, City Clerk
________________________
Date
APPROVED AS TO FORM:
_______________________
Floy Andrews, Interim City Attorney
Aleshire & Wynder, LLP
________________________
Date
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Attachment A – Page 1
Attachment A –AN ORDINANCE OF THE CITY OF CUPERTINO TO REGULATE THE PROVISION OF SINGLE‐USE CARRYOUT BAGS
CHAPTER 9.17: REGULATION OF SINGLE-USE CARRYOUT BAGS

9.17.100 Findings and Purpose.

The City Council finds and determines that:
(a) The use of single-use carryout bags by consumers at retail establishments is detrimental to the environment, public health and welfare. (b) The manufacture and distribution of single-use carryout bags requires utilization of natural resources and results in the generation of greenhouse gas emissions.
(c) Single-use carryout bags contribute to environmental problems, including litter in storm drains, creeks, the bay and the ocean.
(d) Single-use carryout bags provided by retail establishments impose unseen costs on consumers, local governments, the state and taxpayers and constitute a public nuisance.
(e) The City of Cupertino seeks to reduce the proliferation of plastic pollution by eliminating the existing provision of law that allows plastic film carryout bags to be distributed as reusable bags.

In compliance with Public Resources Code Section 442279 et seq. the City Council finds and declares that the distribution of single-use plastic carryout bags should be banned. (Ord. 13-2102, § 1 (part), 2013)

9.17.110 Definitions.

A. "Customer" means any person obtaining goods from a retail establishment.

B. “Compostable” means eligible to be labeled with the terms “compostable” or “home 296
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compostable” pursuant to Public Resources Code Section 42357. Compostable bags must meet the requirements pursuant to California Public Resource Code Section 42281.2.

C. "Garment bag" means a travel bag made of pliable, durable material with or without a handle, designed to hang straight or fold double and used to carry suits, dresses, coats, or the like without crushing or wrinkling the same.

D. "Garment cover" means a protective textile cover with or without a handle, made of plastic, paper, or other material and used as a protective covering for clothing, draperies, or similar textiles after the professional cleaning, alteration, or repair of such items.

E. "Nonprofit charitable reuser" means a charitable organization, as defined in Section 501(c)(3) of the Internal Revenue Code of 1986, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than fifty percent of its revenues from the handling and sale of those donated goods or materials.

F. "Person" means any natural person, firm, corporation, partnership, or other organization or group, however organized.

G.“Point of sale” means a place where purchased goods may be transferred to a customer, including but not limited to, a checkout counter, selfcheckout kiosk, in-store pickup, curbside delivery, and home delivery.

H. “Postconsumer recycled material” means a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. Postconsumer recycled material does not include materials and byproducts generated from, and commonly reused within, an original manufacturing and fabrication process.

I. “Pre-checkout Bag” means a recycled paper or compostable bag without handles provided to a customer before the customer reaches the point of sale, that is designed to protect a purchased item from damaging or contaminating other purchased items in a carryout bag, or to contain an unwrapped food item, 297
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including but not limited to, loose produce, meat or fish, nuts, grains, candy, and bakery goods.

J. "Prepared food" means foods or beverages which are prepared on the premises by cooking, chopping, slicing, mixing, freezing, or squeezing, and which require no further preparation to be consumed. "Prepared food" does not include any raw, uncooked meat product orfruits or vegetables which are chopped, squeezed, or mixed.

K. "Public eating establishment" means a restaurant, take-out food establishment, or any other business that receives ninety percent or more of its revenue from the sale of prepared food to be eaten on or off its premises.

L. "Recycled paper bag" means a paper carryout bag provided by a store to a customer at the point of sale that meets all of the requirements for postconsumer recycled material content, recyclability, and labeling pursuant to Public Resources Code 42280 (e).

M. "Public eating establishment" means a restaurant, take-out food establishment, or any other business that receives ninety percent or more of its revenue from the sale of prepared food to be eaten on or off its premises.

N. "Retail establishment" means any commercial establishment that sells perishable or nonperishable goods including, but not limited to, clothing, food, and personal items directly to the customer; and is located within or doing business within the City of Cupertino. "Retail establishment" does not include public eating establishments or nonprofit charitable reusers.

O. "Reusable bag" means either a bag made of cloth or other machine washable material that has handles and is specifically designed and manufactured for multiple reuse.

P. "Single-use carryout bag" means a bag otherthan a reusable bag provided at the check stand, cash register, point of sale or other point of departure, including departments within a store, for the purpose of transporting food or merchandise 298
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out of the establishment. "Single-use carryout bags" do not include bags without handles provided to the customer: (1) to transport prepared food, produce, bulk food or meat from a department within a store to the point of sale; (2) to hold prescription medication dispensed from a pharmacy; or (3) to segregate food or merchandise that could damage or contaminate otherfood or merchandise when placed togetherin a recycled paper bag.
(Ord. 13-2102, § 1 (part), 2013)

9.17.120 Implementation Date.

This Chapter shall be implemented as of October 1, 2013 (Ord.13-2102, § 1 (part), 2013)

9.17.130 Single-Use Carryout Bags.

A. No person orretail establishment shall provide a single-use carryout Bag to a customer, at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment except as provided in this section or in section 9.17.140.

B. A retail establishment may only make recycled paper available to customers if the retailer charges a minimum of ten cents.

C. Notwithstanding this section, no retail establishment may make available for sale a recycled paper unless the amount of the sale of such bag is separately itemized on the sale receipt.

D. A retail establishment may provide one or more recycled paper at no cost to any of the following individuals: a customer participating in the California Special Supplement Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code; a customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 299
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15500) of Part 3 of Division 9 of the California Welfare and Institutions Code; and a customer participating in Calfresh pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the California Welfare and Institutions Code.

E. A store shall not require a customer to use, purchase, or accept a recycled paper bag as a condition of sale of any product.
(Ord. 22-2239, § 1 (part), 2022; Ord. 14-2122, § 1, 2014; Ord. 13-2102, § 1 (part), 2013)

9.17.140 Exemptions.

1. A public eating establishment may not provide single-use plastic carryout bags but may provide recycled paper or reusable bag to transport prepared food at no charge.

2. A recycled paper bag with or without handles may be provided by a nonprofit charitable reuser at no charge.

3. A pre-checkout bag may be provided to transport prepared food, produce, bulk food, or meat from a department within a store to the point of sale.

4. A pre-checkout bag may be provided to hold prescription medication dispensed from a pharmacy.

5. A pre-checkout bag may be used to segregate food or merchandise that could damage or contaminate otherfood or merchandise when placed togetherin a reusable orrecycled paper carryout bag.

6. A garment bag or garment cover may be used to protect and transport clothing or other textiles.
(Ord. 22-2239, § 1 (part), 2022; Ord. 13-2102, § 1 (part), 2013)

9.17.150 Administrative Citation and Fine.
(a) Grounds for an administrative citation. An administrative citation may be issued 300
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upon findings made by the City Manager, or his or her designee, when any person or retail establishment has provided a single-use carryout bag to a customer or violated any other provision of this Chapter. (b) Administrative citation fine amounts. Upon findings made under subsection (a), the retail establishment shall be subject to an administrative citation pursuant to Chapter 1.10 of this Code. Fines for the administrative citation are as follows:
(1) First citation: One hundred dollars ($100.00)
(2) Second citation for the same violation within the same twelve month period:

Two hundred dollars ($200.00)
(3) Third or any subsequent citation for the same violation within the same twelve month period: Five hundred dollars ($500.00)
(4) Each day that any person orretail establishment violates the provisions of this Chapter a new and separate violation occurs.
(c) Administrative citation appeals and disposition shall be processed in accordance with Chapter 1.10 of this Code.
(Ord. 13-2102, § 1 (part), 2013)

9.17.160 Severability.

If any section, subsection, subdivision, sentence, clause, or phrase of this Chapter is for any reason held to be unconstitutional or otherwise void or invalid, by any court of competent jurisdiction the validity of the remaining portion of this Chapter shall not be affected thereby.
(Ord. 13-2102, § 1 (part), 2013)
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1 ORDINANCE NO. 26-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CITY CODE TO AMEND SECTIONS 9.17.100, 9.17.110,

9.17.130,9.17.140 TO REGULATE SINGLE‐USE CARRYOUT BAGS
The City Council of the City of Cupertino finds that:

1. WHEREAS, on October 1, 2013, the City of Cupertino adopted an ordinance to regulate the provisions of retail establishments providing single-use carryout bags, currently codified as Chapter 9.17 of the City Code; and

2. WHEREAS, this ordinance amendment continues to regulate the distribution and sale of single-use carryout bags by retail establishments in Cupertino; and

3. WHEREAS, the State adopted SB 1053 in September 2024, which commencing January 1, 2026, would revise and recast provisions to prohibit the distribution of single-use plastic carryout bags by retail establishments

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

SECTION 1. Adoption.

The Cupertino Municipal Code is hereby amended as set forth in Attachment A.

SECTION 2: Severability and Continuity.

The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino 302
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Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions.

SECTION 3: California Environmental Quality Act.

This Ordinance is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action to regulate the use of single-use carryout bags by a retail establishment would have no or only a de minimis effect on the environment because reducing the use of disposable plastic singleuse carryout bags would not have the potential for causing a significant effect 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.
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INTRODUCED at a regular meeting of the Cupertino City Council on April 21, 2026 and ENACTED at a regular meeting of the Cupertino City Council on May 5, 2026 by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
______________________
Kitty Moore, Mayor
City of Cupertino
________________________
Date
ATTEST:
_______________________
Lauren Sapudar, City Clerk
________________________
Date
APPROVED AS TO FORM:
_______________________
Floy Andrews, Interim City Attorney
Aleshire & Wynder, LLP
________________________
Date
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Attachment A – Page 1
Attachment A –AN ORDINANCE OF THE CITY OF CUPERTINO TO REGULATE THE PROVISION OF SINGLE‐USE CARRYOUT BAGS
The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows:

Text added to existing provisions is shown in bold double-underlined text (example) and text to be deleted in shown in strikethrough (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.

Where the explanatory text indicates that a new section is being added to the City Code, the new section is shown in plain text.

CHAPTER 9.17: REGULATION OF SINGLE-USE CARRYOUT BAGS

9.17.100 Findings and Purpose.

The City Council finds and determines that:
(a) The use of single-use carryout bags by consumers at retail establishments is detrimental to the environment, public health and welfare. (b) The manufacture and distribution of single-use carryout bags requires utilization of natural resources and results in the generation of greenhouse gas emissions.
(c) Single-use carryout bags contribute to environmental problems, including litter in storm drains, creeks, the bay and the ocean.
(d) Single-use carryout bags provided by retail establishments impose unseen costs on consumers, local governments, the state and taxpayers and constitute a public nuisance.
(e) The City of Cupertino seeks to reduce the proliferation of plastic pollution by eliminating the existing provision of law that allows plastic film carryout bags to be distributed as reusable bags.
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