CC 05-05-2026 Searchable Packet.pdf — Cupertino City Council, May 5, 2026 (part 2 of 4)

The contractor, Pavement Coatings Company, has the experience and qualifications to complete the project. Pavement Coatings Company has completed similar projects. Based on the contractor’s experience and performance with other agencies, staff recommends awarding the construction contract (Attachment A) to Pavement Coatings Company for the contract amount of $2,599,235, and include a 10% construction contingency in the amount of $259,924 for a total contract amount not to exceed $2,859,159. Construction contingency allows for unforeseen conditions and is a typical contracting best practice.

A Draft Construction Contract is included as Attachment A. Though proposals exceeded the Engineer’s Estimate for this project, sufficient funds are available to award this contract and rebidding the project is not likely to result in significant cost savings.

Sustainability Impact
Maintaining and preserving the local streets and roadway system will reduce drive time and traffic congestion, improve bicycle safety, and create a safer and more appealing pedestrian experience. This leads to reduced vehicle emissions, helping the City achieve air quality and greenhouse gas emission reduction goals.

Fiscal Impact
Award of this contract will result in a fiscal impact of up to $2,859,159, including the base contract and potential contingency. Sufficient funds are budgeted in 270-85-821 900-971 (Capital Outlay SB1 Roads) and 270-85-821 900-921 (Capital Outlay Annual Asphalt Project). //
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Project Funding Status Amount
Capital Outlay Annual Asphalt Project (GL# 270-85-821
900-921) includes $438,330 of vehicle registration fee revenues received from VTA
$6,631,379
Capital Outlay SB1 Roads (GL# 270-85-821 900-971) $2,143,527 Funding Available for 2026 Pavement Maintenance
Program
$8,774,906
Funding Impact Amount
2026 Pavement Maintenance Program Phase 1 –
Contractor (pending award, separate agenda item
5/5/2026) (GL# 270-85-821 900-921)
-$2,150,274
2026 Pavement Maintenance Program Phase 2 –
Contractor (GL# 270-85-821 900-971)
(this item)
-$2,143,527
2026 Pavement Maintenance Program Phase 2 –
Contractor 4/21/2026, (GL# 270-85-821 900-921)
(this item)
-$715,632
Construction Management – Ghirardelli Associates,
Service Order #1 (pending award, separate item 5/5/2026) (GL# 270-85-821 900-921)
-$588,538
Total - Funding Impact -$5,597,971
Project Funding Remaining 3,176,935
City Work Program (CWP) Item/Description
None
Council Goal
Quality of Life, Transportation
California Environmental Quality Act
This project is exempt from CEQA Guidelines 15301(c) (repair and maintenance of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities). _____________________________________
Prepared by: Jo Anne Johnson, Public Works Project Manager Reviewed by: Chad Mosley, Director of Public Works
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:
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A – Draft Contract
B – Project Street List
C – Project Location Map
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2026 Pavement Maintenance Phase 2 CONTRACT
Project # 2026-102 Page 1
Contract
This public works contract (“Contract”) is entered into by and between the City of Cupertino (“City”) and Pavement Coatings Company (“Contractor”), for work on the 2026 Pavement Maintenance Phase 2 Project (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On May 5, 2026, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below. City has elected to include the following Project alternate(s) in the Contract:

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed; and

2.13 The following: City Standard Details, Caltrans Standard Details, Estimated Quantities, Project Location Map, Truck Traffic Restrictions Map, Attachment A – Work Hour Restrictions

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $2,599,235.00 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 80 calendar days from the start date set forth in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

ATTACHMENT A

DRAFT CONTRACT
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2026 Pavement Maintenance Phase 2 CONTRACT
Project # 2026-102 Page 2

6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $1,500 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

7. Labor Code Compliance.

7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.

8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

9. Conflicts of Interest. Contractor, its employees, Subcontractors, and agents may not have, maintain, or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.

11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:

City:

Department
Address

ATTACHMENT A

DRAFT CONTRACT
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2026 Pavement Maintenance Phase 2 CONTRACT
Project # 2026-102 Page 3
City/State/Zip
Phone
Attn: Contact name
Contact email address
Copy to: CC Contact name
CC Contact email address
Contractor:

Name
Address
City/State/Zip
Phone
Attn: Contact name
Contact email address
Copy to: CC Contact name
CC Contact email address

12. General Provisions.

12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

12.2 Third Party Beneficiaries. There are no intended third-party beneficiaries to this Contract.

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Santa Clara County Superior Court, and no other place.

Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Santa Clara County, California.

12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.

12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.

12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

ATTACHMENT A

DRAFT CONTRACT
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2026 Pavement Maintenance Phase 2 CONTRACT
Project # 2026-102 Page 4

12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code § 313. [Signatures are on the following page.]

ATTACHMENT A

DRAFT CONTRACT
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2026 Pavement Maintenance Phase 2 CONTRACT
Project # 2026-102 Page 5
The parties agree to this Contract as witnessed by the signatures below:

CITY: Approved as to form:
s/_______________________________ s/__________________________________ ________________________________ ___________________________________ Name, Title Name, Title
Date: ___________________________ Date: ______________________________ Attest:
s/_______________________________
_________________________________
Name, Title
Date: ___________________________
CONTRACTOR: ___________________________________________________ Business Name
s/_______________________________ Seal:
_________________________________
Name, Title
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
_________________________________
Name, Title
Date: ____________________________
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT

ATTACHMENT A

DRAFT CONTRACT
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ATTACHMENT B

STREET NAME FROM TO TREATMENT

ADDINGTON CT REGNART END SLURRY SEAL

ALCALDE RD AVENIDA ALICIA SLURRY SEAL

ALCALDE RD ALICIA FOOTHILL SLURRY SEAL
ALCAZAR AVE BYRNE AV. ORANGE SLURRY SEAL
ANN ARBOR AVE 120' S/O HAZELBROOK GREENLEAF SLURRY SEAL ANN ARBOR AVE LAURETTA 120' S/O HAZELBROOK SLURRY SEAL

ANN ARBOR CT LAURETTA END SLURRY SEAL

ANSON AVE MILFORD RUMFORD SLURRY SEAL

AUGUST LN SEPTEMBER END SLURRY SEAL

AVENIDA LN ALCALDE RD END SLURRY SEAL

BARNHART PL GALWAY JAMESTOWN SLURRY SEAL

BELKNAP DR ELMSFORD YORKSHIRE SLURRY SEAL

BETTE GLENVIEW BRENT FOG SEAL

BRENT CLIFFORD JOHN FOG SEAL

CALIFORNIA OAK WY STEVENS CREEK MAJESTIC OAK SLURRY SEAL

CASTLETON ST WILKINSON CLARKSTON SLURRY SEAL

CHADWICK PL CASTLETON END SLURRY SEAL

CHARSAN LN RAINBOW END SLURRY SEAL
CHRISTENSEN Stelling End FOG SEAL

CLARKSTON AVE COLUMBUS CASTLETON SLURRY SEAL

CLARKSTON AVE CASTLETON FLINTSHIRE SLURRY SEAL

COLUMBUS AVE VAI BUBB RUBBERIZED CAPE SEAL

COLUMBUS AVE BUBB MARIA ROSA SLURRY SEAL

COLUMBUS AVE MARIA ROSA LINDA VISTA SLURRY SEAL

CONRADIA CT BUBB END SLURRY SEAL

CORTE MADERA LN MANN END SLURRY SEAL

DAVISON GLENVIEW E ESTATES FOG SEAL

DONEGAL DR LEEDS PRIMROSE SLURRY SEAL

DOS PALOS CT MANN END SLURRY SEAL

E ESTATES DR RICHWOOD LA MAR FOG SEAL

ENGLISH OAK WY MAJESTIC OAK ANTHONY SLURRY SEAL

ESQUIRE PL METEOR END SLURRY SEAL

FARALLONE PACIFICA LAS ONDAS FOG SEAL

FENWAY CT CHRISTENSEN DR END SLURRY SEAL

FIESTA LN SEPTEMBER NOVEMBER SLURRY SEAL

FLORA VISTA AVE HAZELBROOK GREENLEAF SLURRY SEAL

FLORA VISTA AVE GREENLEAF GARDENA FOG SEAL

FLOWER CT POPPY END SLURRY SEAL

FOLKESTONE DR BUBB YORKSHIRE SLURRY SEAL

GALWAY DR BARNHART PROSPECT SLURRY SEAL
GARDENA DR 150' E/O GARDENA CT STELLING SLURRY SEAL
GARDENA DR CASTINE 150' E/O GARDENA CT SLURRY SEAL

GARDENGATE STELLING END FOG SEAL
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ATTACHMENT B

GARDENVIEW LN MANN END SLURRY SEAL

GLENVIEW LA MAR E ESTATES FOG SEAL

GREENLEAF DR STELLING FLORA VISTA SLURRY SEAL

GREENLEAF DR FLORA VISTA CASTINE SLURRY SEAL

GRENOLA ANN ARBOR FLORA VISTA FOG SEAL

HALL CT BLANEY PARKSIDE SLURRY SEAL

HAZELBROOK DR ANN ARBOR STELLING SLURRY SEAL
IMPERIAL AVE STEVENS CREEK 315 FT S/O STEVENS CREEKSLURRY SEAL IMPERIAL AVE 315 FT S/O STEVENS CREE10290 IMPERIAL (END BUS SLURRY SEAL IMPERIAL AVE 10290 IMPERIAL (END BU S END SLURRY SEAL

JAMESTOWN DR PROSPECT PLUM BLOSSOM SLURRY SEAL

JOHNSON BOLLINGER NEWSOM FOG SEAL

LARRY MERRITT LUCILLE FOG SEAL

LAURETTA DR ANN ARBOR CHRISTENSEN SLURRY SEAL

LAVINA CT FLORA VISTA END SLURRY SEAL

LEEDS AVE PRIMROSE DONEGAL SLURRY SEAL

LOMITA AVE IMPERIAL PASADENA SLURRY SEAL

LUBEC ST MARY ANSON SLURRY SEAL

MAJESTIC OAK WY CALIFORNIA OAK ENGLISH OAK SLURRY SEAL

MEADOWVIEW LN MANN END SLURRY SEAL

MERRIMAN RD ALCALDE SANTA LUCIA SLURRY SEAL

METEOR DR CASTINE MARY SLURRY SEAL

METEOR PL METEOR DR END SLURRY SEAL

MILFORD DR CASTINE ANSON SLURRY SEAL

MILLARD LN MARY END SLURRY SEAL

MONTE CT MANN END SLURRY SEAL

MOUNT CREST DR MOUNT CREST PL END SLURRY SEAL

MOUNT CREST DR LINDA VISTA MOUNT CREST SLURRY SEAL

MOUNT CREST PL MOUNT CREST END SLURRY SEAL

NATHANSON AVE METEOR END SLURRY SEAL

NOVEMBER DR BULB (PVMT CHG) OCTOBER SLURRY SEAL

OAK VALLEY JUPITER CT SYCAMORE FOG SEAL

OAKVIEW LN MANN END SLURRY SEAL

PASADENA AVE GRANADA STEVENS CREEK SLURRY SEAL

PEACH BLOSSOM DR PRIMROSE ASTER SLURRY SEAL

PINEVILLE GLENVIEW LA MAR FOG SEAL

PLUM BLOSSOM DR PRIMROSE JAMESTOWN SLURRY SEAL
POPPY WY RAINBOW 185 FT S/O RAINBOW SLURRY SEAL
POPPY WY 185 FT S/O RAINBOW 420 FT S/O RAINBOW SLURRY SEAL POPPY WY 420 FT S/O RAINBOW PLUM BLOSSOM SLURRY SEAL

POPPY WY PLUM BLOSSOM BARNHART SLURRY SEAL

PRIMROSE WY BARNHART PEACH BLOSSOM SLURRY SEAL

PRIMROSE WY PEACH BLOSSOM RAINBOW SLURRY SEAL

PRING STERLING END FOG SEAL
2026 PAVEMENT MAINTENANCE PHASE 2
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ATTACHMENT B

PROSPECT RD CITY LIMIT STELLING SLURRY SEAL

RAE LINDA VISTA END FOG SEAL

RAINBOW DR MANITA WEYMOTH SLURRY SEAL

RANDY MERRITT LUCILLE FOG SEAL

RICHWOOD VICKSBURG MILLER FOG SEAL

RODRIGUES AVE PARKSIDE LN END SLURRY SEAL

ROSE GARDEN LN PEACH BLOSSOM WATERFORD SLURRY SEAL

SAN FELIPE RD ALCALDE END SLURRY SEAL

SAN JUAN RD CORDOVA STEVENS CANYON SLURRY SEAL

SAN LEANDRO AVE SANTA PAULA MC CLELLAN SLURRY SEAL

SANTA LUCIA RD STEVENS CANYON ALCALDE RD SLURRY SEAL

SCENIC BLVD CARMEN END SLURRY SEAL

SCENIC BLVD PALM SCENIC CIR SLURRY SEAL

SCENIC CIR SCENIC BLVD SCENIC CIR SLURRY SEAL

SEPTEMBER CT SEPTEMBER END SLURRY SEAL

SEPTEMBER DR MC CLELLAN END SLURRY SEAL

STARRETT CT STERLING BLVD END FOG SEAL
STEVENS CREEK BLVD BUBB HWY 85 DECK SLURRY SEAL

STEVENS CREEK BLVD FOOTHILL CUPERTINO RUBBERIZED CAPE SEAL

STEVENS CREEK BLVD CUPERTINO ORANGE RUBBERIZED CAPE SEAL

STEVENS CREEK BLVD ORANGE PASADENA RUBBERIZED CAPE SEAL

STEVENS CREEK BLVD PASADENA BUBB RUBBERIZED CAPE SEAL

STEVENS CREEK BLVD CALIFORNIA OAK FOOTHILL SLURRY SEAL

STEVENS CREEK BLVD CITY LIMITS CALIFORNIA OAK SLURRY SEAL TAMARIND Flora Vista End FOG SEAL

TERRACE DR BUBB SANTA TERESA SLURRY SEAL

TILSON FINCH TANTAU FOG SEAL

TULITA CT FLORA VISTA END SLURRY SEAL

VAI AVE BUBB COLUMBUS SLURRY SEAL

WILD FLOWER WY POPPY WILD FLOWER CT SLURRY SEAL

WILD FLOWER WY WILD FLOWER CT DE ANZA SLURRY SEAL

WILKINSON AVE COLUMBUS COLLINGSWORTH SLURRY SEAL

WOODBURY DR PHAR LAP MANN SLURRY SEAL

YORKSHIRE DR SUNDERLAND STAFFORD SLURRY SEAL
2026 PAVEMENT MAINTENANCE PHASE 2
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CITY OF CUPERTINO
Agenda Item
26-15036 Agenda Date: 5/5/2026
Agenda #: 13.

Subject: Fiscal Year (FY) 2026-2027 projects proposed to receive funding under the Road Maintenance and Rehabilitation Account (RMRA) established by Senate Bill (SB) 1; proposed funding of $1,692,995 in SB 1 revenues.

Adopt Resolution No. 26-051 (Attachment A) establishing a list of projects proposed to be funded by $1,692,995 of SB 1 revenues, estimated to be received in FY 2026-2027.

CITY OF CUPERTINO Page 1 of 1 Printed on 4/29/2026
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PUBLIC WORKS DEPARTMENT

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

CITY COUNCIL STAFF REPORT
Date: May 5, 2026
Subject
Fiscal Year (FY) 2026-2027 projects proposed to receive funding under the Road Maintenance and Rehabilitation Account (RMRA) established by Senate Bill (SB) 1; proposed funding of $1,692,995 in SB 1 revenues.

Recommended Action
Adopt Resolution No. 26-XXX (Attachment A) establishing a list of projects proposed to be funded by $1,692,995 of SB 1 revenues, estimated to be received in FY 2026-2027.

Reasons for Recommendation and Available Options
The Road Repair and Accountability Act, better known as SB 1, requires cities and counties to annually adopt a resolution establishing a list of projects that will receive Road Maintenance and Rehabilitation Account (RMRA) revenue each fiscal year. A copy of the certified resolution must be submitted to the State of California (State) by June 30, 2026. To satisfy the requirement, the project list must include a description and general location of each proposed project, the proposed schedule for the project’s completion, and the estimated life of the proposed improvements.

Though the primary purpose of the Road Repair and Accountability Act is to address deferred maintenance on local streets and roads, projects that address road safety are also eligible to receive funds. Section 2030 of the California Streets and Highway code says RMRA funds can be used for:

A. Road maintenance and rehabilitation.

B. Safety projects.

C. Railroad grade separations.

D. Complete street components, including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and stormwater capture projects in conjunction with any other allowable project.

E. Traffic control devices.
“A city or county may spend its apportionment of funds under the program on transportation priorities other than those allowable pursuant to this chapter if the city’s or county’s average Pavement Condition Index (PCI) meets or exceeds 80.” (Section 2037 of the California Streets 330
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and Highway code.) The City’s current PCI is 80, and the FY 2026-2027 Pavement Maintenance projects (both Phase 1 and Phase 2) are anticipated to maintain the City’s PCI at 82.

The State distributes RMRA revenues to cities and counties monthly. To continue to receive these funds, each city and county must submit a FY 2026-2027 project list before the end of FY 2026. The City of Cupertino will receive an estimated amount of $1,692,995 of RMRA revenues in FY 25-26. The recommended list of projects for FY 2026-2027 is as follows:

1. 2026 Pavement Maintenance Phase 2 Project

2. 2027 Pavement Maintenance Phase 1 Project

3. 2027 Pavement Maintenance Phase 2 Project
This project list does not limit the City’s flexibility to fund projects based on local priorities, provided that funds are only expended on projects that are consistent with SB 1 eligibility requirements. Staff will document any variation between proposed projects and completed projects through the annual reporting processes established under SB 1.

Sustainability Impact
Maintaining and preserving the local streets and road system in good condition will reduce drive time and traffic congestion. This leads to reduced vehicle emissions, helping the City achieve air quality and greenhouse gas emission reduction goals.

Fiscal Impact
By adopting this Resolution, the City will be eligible to receive an estimated $1,692,995 from SB 1 in FY 2026-2027 to help fund the Pavement Management Program Projects. Revenues will be deposited into account 270-85-821 440-437 (Intergovernmental SB1 Road Maintenance/Rehabilitation). These revenues are included in the FY 2026-2027 Proposed Budget.

City Work Program (CWP) Item/Description
None
Council Goal
Quality of Life, Transportation
California Environmental Quality Act
The proposed Pavement Maintenance Projects are exempt from CEQA under California Code Regulations Section 15301(c) (maintenance of existing streets). _____________________________________
Prepared by: Jo Anne Johnson, Public Works Project Manager Reviewed by: Chad Mosley, Director of Public Works
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A – Draft Resolution
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Attachment A
RESOLUTION NO. ________

A RESOLUTION OF THE CUPERTINO CITY COUNCIL
ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2026-27 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive an estimated $1,692,995 in RMRA funding in Fiscal Year 2026-27 from SB 1; and
WHEREAS, This is the tenth year in which the City is receiving SB1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City uses a Pavement Management System to develop the SB1 pavement project lists to ensure revenues are being used on the most high priority and cost effective projects; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate multiple streets/roads; and
WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found the City streets and roads are in “good” condition and this revenue will help us maintain the overall quality of our road system; and 332
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Resolution No. __________________
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with focus on basic maintenance and safety, and investing in complete streets infrastructure, will have significant benefits citywide.

NOW, THEREFORE, BE IT RESOLVED, ORDERED AND FOUND by the City Council of the City of Cupertino, State of California as follows:

1. The forgoing recitals are true and correct.

2. The following list of newly proposed projects will be funded in-part or solely with FY 2026-27 Road Maintenance and Rehabilitation Account revenues.

Project Title: 2026 Pavement Maintenance Phase 2
Project Description: Application of various preventative maintenance treatments including crack seal, fog seal, slurry seal and rubberized cape seal.

Project Location: The project includes preventative maintenance treatments on approximately 121 street segments throughout the City. A full project street list is attached as Exhibit A
Project Phase: Construction
Project Schedule: August 2026 – December 2026
Estimated Useful life: 2 to 8 Years
Project Title: 2027 Pavement Maintenance Phase 1
Project Description: Design, Engineering and Preparation of Contract Documents for a pavement rehabilitation project to include asphalt overlay and asphalt digout repairs
Project Location: City of Cupertino – various streets
Project Phase: Pre-Construction
Project Schedule: June 2026 – October 2026
Estimated Project Useful 15 years
Project Title: 2027 Pavement Maintenance Phase 2
Project Description: Design and Preparation of Contract Documents for a pavement preservation project to include fog seal, slurry seal and rubberized cape seal
Project Location: City of Cupertino – various streets
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Resolution No. __________________
Project Phase: Pre-Construction
Project Schedule: June 2026 – October 2026
Estimated Project Useful 2-8 years
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th day of May 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
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EXHIBIT A

LOCATION
# STREET NAME FROM TO TREATMENT
1 ADDINGTON CT REGNART END SLURRY SEAL
2 ALCALDE RD AVENIDA ALICIA SLURRY SEAL
3 ALCALDE RD ALICIA FOOTHILL SLURRY SEAL
4 ALCAZAR AVE BYRNE AV. ORANGE SLURRY SEAL
5 ANN ARBOR AVE 120' S/O HAZELBROOK GREENLEAF SLURRY SEAL 6 ANN ARBOR AVE LAURETTA 120' S/O HAZELBROOK SLURRY SEAL 7 ANN ARBOR CT LAURETTA END SLURRY SEAL
8 ANSON AVE MILFORD RUMFORD SLURRY SEAL
9 AUGUST LN SEPTEMBER END SLURRY SEAL
10 AVENIDA LN ALCALDE RD END SLURRY SEAL
11 BARNHART PL GALWAY JAMESTOWN SLURRY SEAL
12 BELKNAP DR ELMSFORD YORKSHIRE SLURRY SEAL
13 BETTE GLENVIEW BRENT FOG SEAL
14 BRENT CLIFFORD JOHN FOG SEAL
15 CALIFORNIA OAK WY STEVENS CREEK MAJESTIC OAK SLURRY SEAL 16 CASTLETON ST WILKINSON CLARKSTON SLURRY SEAL
17 CHADWICK PL CASTLETON END SLURRY SEAL
18 CHARSAN LN RAINBOW END SLURRY SEAL
19 CHRISTENSEN Stelling End FOG SEAL
20 CLARKSTON AVE COLUMBUS CASTLETON SLURRY SEAL
21 CLARKSTON AVE CASTLETON FLINTSHIRE SLURRY SEAL
22 COLUMBUS AVE VAI BUBB RUBBERIZED CAPE SEAL
23 COLUMBUS AVE BUBB MARIA ROSA SLURRY SEAL
24 COLUMBUS AVE MARIA ROSA LINDA VISTA SLURRY SEAL
25 CONRADIA CT BUBB END SLURRY SEAL
26 CORTE MADERA LN MANN END SLURRY SEAL
27 DAVISON GLENVIEW E ESTATES FOG SEAL
28 DONEGAL DR LEEDS PRIMROSE SLURRY SEAL
29 DOS PALOS CT MANN END SLURRY SEAL
30 E ESTATES DR RICHWOOD LA MAR FOG SEAL
31 ENGLISH OAK WY MAJESTIC OAK ANTHONY SLURRY SEAL
32 ESQUIRE PL METEOR END SLURRY SEAL
33 FARALLONE PACIFICA LAS ONDAS FOG SEAL
34 FENWAY CT CHRISTENSEN DR END SLURRY SEAL
35 FIESTA LN SEPTEMBER NOVEMBER SLURRY SEAL
36 FLORA VISTA AVE HAZELBROOK GREENLEAF SLURRY SEAL
37 FLORA VISTA AVE GREENLEAF GARDENA FOG SEAL
38 FLOWER CT POPPY END SLURRY SEAL
39 FOLKESTONE DR BUBB YORKSHIRE SLURRY SEAL
40 GALWAY DR BARNHART PROSPECT SLURRY SEAL
41 GARDENA DR 150' E/O GARDENA CT STELLING SLURRY SEAL
2026 PAVEMENT MAINTENANCE PHASE 2
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EXHIBIT A
42 GARDENA DR CASTINE 150' E/O GARDENA CT SLURRY SEAL
43 GARDENGATE STELLING END FOG SEAL
44 GARDENVIEW LN MANN END SLURRY SEAL
45 GLENVIEW LA MAR E ESTATES FOG SEAL
46 GREENLEAF DR STELLING FLORA VISTA SLURRY SEAL
47 GREENLEAF DR FLORA VISTA CASTINE SLURRY SEAL
48 GRENOLA ANN ARBOR FLORA VISTA FOG SEAL
49 HALL CT BLANEY PARKSIDE SLURRY SEAL
50 HAZELBROOK DR ANN ARBOR STELLING SLURRY SEAL
51 IMPERIAL AVE STEVENS CREEK 315 FT S/O STEVENS CREEKSLURRY SEAL 52 IMPERIAL AVE 315 FT S/O STEVENS CREE10290 IMPERIAL (END BUS SLURRY SEAL 53 IMPERIAL AVE 10290 IMPERIAL (END BU S END SLURRY SEAL 54 JAMESTOWN DR PROSPECT PLUM BLOSSOM SLURRY SEAL
55 JOHNSON BOLLINGER NEWSOM FOG SEAL
56 LARRY MERRITT LUCILLE FOG SEAL
57 LAURETTA DR ANN ARBOR CHRISTENSEN SLURRY SEAL
58 LAVINA CT FLORA VISTA END SLURRY SEAL
59 LEEDS AVE PRIMROSE DONEGAL SLURRY SEAL
60 LOMITA AVE IMPERIAL PASADENA SLURRY SEAL
61 LUBEC ST MARY ANSON SLURRY SEAL
62 MAJESTIC OAK WY CALIFORNIA OAK ENGLISH OAK SLURRY SEAL 63 MEADOWVIEW LN MANN END SLURRY SEAL
64 MERRIMAN RD ALCALDE SANTA LUCIA SLURRY SEAL
65 METEOR DR CASTINE MARY SLURRY SEAL
66 METEOR PL METEOR DR END SLURRY SEAL
67 MILFORD DR CASTINE ANSON SLURRY SEAL
68 MILLARD LN MARY END SLURRY SEAL
69 MONTE CT MANN END SLURRY SEAL
70 MOUNT CREST DR MOUNT CREST PL END SLURRY SEAL
71 MOUNT CREST DR LINDA VISTA MOUNT CREST SLURRY SEAL
72 MOUNT CREST PL MOUNT CREST END SLURRY SEAL
73 NATHANSON AVE METEOR END SLURRY SEAL
74 NOVEMBER DR BULB (PVMT CHG) OCTOBER SLURRY SEAL
75 OAK VALLEY JUPITER CT SYCAMORE FOG SEAL
76 OAKVIEW LN MANN END SLURRY SEAL
77 PASADENA AVE GRANADA STEVENS CREEK SLURRY SEAL
78 PEACH BLOSSOM DR PRIMROSE ASTER SLURRY SEAL
79 PINEVILLE GLENVIEW LA MAR FOG SEAL
80 PLUM BLOSSOM DR PRIMROSE JAMESTOWN SLURRY SEAL
81 POPPY WY RAINBOW 185 FT S/O RAINBOW SLURRY SEAL
82 POPPY WY 185 FT S/O RAINBOW 420 FT S/O RAINBOW SLURRY SEAL 83 POPPY WY 420 FT S/O RAINBOW PLUM BLOSSOM SLURRY SEAL 84 POPPY WY PLUM BLOSSOM BARNHART SLURRY SEAL
85 PRIMROSE WY BARNHART PEACH BLOSSOM SLURRY SEAL
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EXHIBIT A
86 PRIMROSE WY PEACH BLOSSOM RAINBOW SLURRY SEAL
87 PRING STERLING END FOG SEAL
88 PROSPECT RD CITY LIMIT STELLING SLURRY SEAL
89 RAE LINDA VISTA END FOG SEAL
90 RAINBOW DR MANITA WEYMOTH SLURRY SEAL
91 RANDY MERRITT LUCILLE FOG SEAL
92 RICHWOOD VICKSBURG MILLER FOG SEAL
93 RODRIGUES AVE PARKSIDE LN END SLURRY SEAL
94 ROSE GARDEN LN PEACH BLOSSOM WATERFORD SLURRY SEAL
95 SAN FELIPE RD ALCALDE END SLURRY SEAL
96 SAN JUAN RD CORDOVA STEVENS CANYON SLURRY SEAL
97 SAN LEANDRO AVE SANTA PAULA MC CLELLAN SLURRY SEAL
98 SANTA LUCIA RD STEVENS CANYON ALCALDE RD SLURRY SEAL 99 SCENIC BLVD CARMEN END SLURRY SEAL
100 SCENIC BLVD PALM SCENIC CIR SLURRY SEAL
101 SCENIC CIR SCENIC BLVD SCENIC CIR SLURRY SEAL
102 SEPTEMBER CT SEPTEMBER END SLURRY SEAL
103 SEPTEMBER DR MC CLELLAN END SLURRY SEAL
104 STARRETT CT STERLING BLVD END FOG SEAL
105 STEVENS CREEK BLVD BUBB HWY 85 DECK SLURRY SEAL
106 STEVENS CREEK BLVD FOOTHILL CUPERTINO RUBBERIZED CAPE SEAL 107 STEVENS CREEK BLVD CUPERTINO ORANGE RUBBERIZED CAPE SEAL 108 STEVENS CREEK BLVD ORANGE PASADENA RUBBERIZED CAPE SEAL 109 STEVENS CREEK BLVD PASADENA BUBB RUBBERIZED CAPE SEAL 110 STEVENS CREEK BLVD CALIFORNIA OAK FOOTHILL SLURRY SEAL 111 STEVENS CREEK BLVD CITY LIMITS CALIFORNIA OAK SLURRY SEAL 112 TAMARIND Flora Vista End FOG SEAL
113 TERRACE DR BUBB SANTA TERESA SLURRY SEAL
114 TILSON FINCH TANTAU FOG SEAL
115 TULITA CT FLORA VISTA END SLURRY SEAL
116 VAI AVE BUBB COLUMBUS SLURRY SEAL
117 WILD FLOWER WY POPPY WILD FLOWER CT SLURRY SEAL
118 WILD FLOWER WY WILD FLOWER CT DE ANZA SLURRY SEAL
119 WILKINSON AVE COLUMBUS COLLINGSWORTH SLURRY SEAL
120 WOODBURY DR PHAR LAP MANN SLURRY SEAL
121 YORKSHIRE DR SUNDERLAND STAFFORD SLURRY SEAL
2026 PAVEMENT MAINTENANCE PHASE 2
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EXHIBIT A

CITY OF CUPERTINO
Agenda Item
26-15033 Agenda Date: 5/5/2026
Agenda #: 14.

Subject: Authorization for Mayor to Sign Multi-Jurisdictional Letter Regarding State Housing Legislation as updated by the Council Ad Hoc Subcommittee. (Continued from April 7, 2026) Authorize the Mayor to sign a joint letter from various cities within the County to Speaker Robert Rivas expressing concerns regarding the volume and implementation of recent state housing and land use legislation.

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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: May 5, 2026
Subject
Authorization for the Mayor to Sign Multi-Jurisdictional Letter Regarding State Housing Legislation as updated by the Council Ad Hoc Subcommittee.

Recommended Action
Authorize the Mayor to sign a joint letter from various cities within the County to Speaker Robert Rivas expressing concerns regarding the volume and implementation of recent state housing and land use legislation.

Background
Mayor Mark Turner from the City of Morgan Hill has prepared a letter addressed to the Speaker of the California State Assembly requesting a two-year pause to allow for evaluation of recently adopted laws, identification of potential conflicts or redundancies, and assessment of outcomes and impacts. Mayor Turner requested that the Mayors from cities within Santa Clara County sign the letter to create a joint letter from neighboring jurisdictions to express shared concerns regarding the implementation of state housing mandates. The City Council considered signing this letter at the April 7 meeting and instead established an ad-hoc subcommittee, including Councilmember J.R. Fruen and Mayor Kitty Moore, to revise the letter in order to take a more strategic approach towards state housing legislation. The ad hoc committee worked together to draft the letter included with this staff report as Attachment A.

Reasons for Recommendation and Available Options
The proposed letter respectfully requests that state leadership consider limiting new legislation requiring local implementation, reducing associated costs, and undertaking a comprehensive review of recent housing laws to evaluate effectiveness and identify opportunities for refinement. It outlines key concerns regarding the burden of implementing numerous new mandates, including increased costs, staff capacity constraints, and the need to continually revise local policies and planning documents. It also highlights delays in state guidance and potential conflicts between state requirements and local conditions.

Authorizing the Mayor to transmit this letter would allow various cities to formally communicate their position and advocate for a more coordinated and sustainable approach to 342
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housing policy. If approved, the draft letter (Attachment A) will be updated to list the City of Cupertino as an additional signer with the City logo added to the letter along with the other cities in agreement.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal 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
Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A – Revised Letter from Mayor Turner to Speaker Rivas
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Hon. Speaker Rivas:

Prompted by the dialogue and engagement resulting from your Legislative Day on February 25, we write to you to express our common view on the state’s recent streak of new housing and land use legislation. These laws often impose local costs that are difficult for cities to absorb in these times of fiscal constraint, and which can operate contrary to their intended purpose.

As such we respectfully ask for your leadership in minimizing the number of new laws that require local implementation, and your help in promulgating legislation that would reduce local costs in such implementation. We also feel that this recalibration would be especially meaningful alongside an effort to determine what legislation is working, and what isn’t.

We appreciate the Legislature’s attention and focus on affordability issues, and specifically on the topic of housing. Over the past several years, scores of housing-related and land use bills have received the Governor’s signature, with approximately 50 new housing measures enacted in 2025 alone. Many of the 2025 measures went into effect with the Governor’s approval of the budget, including key changes to the California Environmental Quality Act. This extraordinary pace reflects the Legislature’s strong commitment to addressing California’s housing challenges.

The volume and speed of these changes have, however, also created substantial costs and administrative pressures for local governments. This proposition is especially true for legislation that necessitates local implementation. Planning departments, housing divisions, and legal teams work diligently to interpret, integrate, and operationalize new requirements, often while prior mandates remain in the early stages of implementation. Nowhere is this phenomenon more evident than in the current process for revising accessory dwelling unit (ADU) ordinances designed to create clear local pathways for applicants seeking to build,1 or in the Housing Element Law’s No Net Loss standards requiring unanticipated updates to city General Plans2 in order to maintain zoned 1 A local implementation ordinance is the vehicle through which applicants know how to make successful applications to build ADUs. It is also the means by which city staff know how to process such applications.

Currently, the California Department of Housing and Community Development (HCD) oversees and approves local ADU implementation ordinances. Almost every year since 2016, there has been one or more new ADUrelated laws. Accordingly, each year, cities can expect to update their ADU implementation ordinance and will need to seek HCD approval of the same. Should HCD send a letter requesting repeal of an ADU ordinance, a city will have limited time in which to respond. Updating these ordinances and responding to HCD requires staff time, sometimes the retention of outside consultants, additional legal review, and multiple public hearings. All of these efforts force the reallocation of financial resources and limited time. 2 Housing Element Law requires cities to plan for growth in satisfaction of their share of the Regional Housing Needs Allocation. Under this statute, cities must plan for and retain enough zoned capacity over the course of (ordinarily) an 8-year planning cycle. HCD reviews and certifies whether a city’s Housing Element “substantially complies” with the Housing Element Law. This process mandates significant public engagement and analysis (all costing hundreds of thousands to millions of dollars) to ensure these plans affirmatively further fair housing under Assembly Bill 686 (2018), and typically must demonstrate, under Assembly Bill 344
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capacity. In other instances, legislation simply knits together poorly with local regulations informed by local context and which state law may not contemplate at all. In these cases, a city may feel compelled to safeguard local resources through new land use regulations that require additional expense, such as revisions to a General Plan, that require additional environmental review, plus the retention of consultants and outside legal counsel.

The result is a growing strain on administrative capacity, limited opportunity to evaluate outcomes, and difficulty ensuring consistent and effective application of state policy. Simultaneously, the need to use scarce local resources for this purpose forces cities to sacrifice other local priorities that are responsive to local needs. Simply put, cities have only so many staff hours to use in a year. Local governments that cannot adequately respond to local needs lose local trust. State and regional agencies such as the California Department of Housing and Community Development and the Association of Bay Area Governments attempt to provide technical assistance related to implementation. However, guidance on implementation typically comes six months to a year after new laws go into effect.

Restraining new legislation that requires local implementation and promoting measures that would curtail local costs would help cities and policymakers of all policy orientations to save general fund resources and rationalize housing and land use regulation. Conducting a comprehensive review of existing legislation in this space, in partnership with local governments and stakeholders, would provide a meaningful opportunity to:
1397 (2017), that sites identified to fulfill the required zoned capacity are likely to develop as housing. In addition, state law requires cities to plan for housing development affordable at various income levels based on area median incomes. State law contains numerous safe harbors that allow cities to count zoned capacity for moderate, low, and very-low income levels (i.e. below market rate affordability levels) based on permissible development densities as a matter of law. However, when sites actually receive development applications, those applications often do not match the anticipated affordability levels sanctioned by state law. As a result, a site that state law allows a city to count as, for example, 50 moderate income homes, might develop instead as 45 market rate homes and 5 moderate income homes instead. Such a project application would meet the requirements of the Housing Accountability Act and likely require a city to approve it. The city would then be legally required to approve a project that leaves it with a deficit in zoned capacity for moderate income housing. Under the state’s No Net Loss Law (Senate Bill 166 (2017)), the city would then have to identify other sites that allow the city to maintain sufficient zoned capacity for moderate income housing. In so doing, on an abbreviated 180-day timeframe, the city would have to go through a Housing Element revision process mirroring the original (expensive) adoption process with significant public outreach, environmental review, and HCD examination in order to stay in compliance with state law. This process is a bonanza for planning consultants and law firms, but a tax on local coffers. Some cities (for instance, Cupertino) already face this reality despite having adopted an aggressive capacity buffer to minimize such risk. Many others will face it soon. This difference in how state law plans for zoned capacity, and how realworld applications count actual units threatens to knock any city out of compliance as housing development applications are approved–an ironic result indeed. Cities and HCD would benefit from reducing this sort of administrative headache and expense through new legislation that more closely aligns how we plan for zoned capacity and how we count it for No Net Loss purposes.
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● Review housing laws passed within the last four years ● Evaluate measurable outcomes and unintended consequences ● Identify redundancies, conflicts, or areas requiring clarification ● Assess administrative and fiscal impacts on local jurisdictions ● Strengthen and refine existing statutes where necessary Such a review would help ensure that California’s housing framework is coherent, effective, and sustainable. Your leadership in advancing a structured review process could foster collaboration between the state and local governments, strengthen public confidence, and ultimately produce more durable and meaningful housing policy.

Thank you for your continued commitment to addressing California’s housing needs and for considering this request. We appreciate your thoughtful attention to this matter and your ongoing service to the people of California.

Sincerely,
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CITY OF CUPERTINO
Agenda Item
26-15037 Agenda Date: 5/5/2026
Agenda #: 15.

Subject: Approval of First Amendment to Master Agreement with Ghirardelli and Associates for 2026-2027 Pavement Maintenance Program services; authorize contract execution increase contract by $588,538 to total not to exceed amount of $808,538.

Authorize the City Manager to execute a First Amendment to a Master Agreement (#2026-011) with Ghirardelli and Associates for Project Management and Construction Management Services for 2026-2027 Pavement Maintenance Program (Attachment A), increasing the contract amount by $588,538 for a new total not to exceed amount of $808,538.

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PUBLIC WORKS DEPARTMENT

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

CITY COUNCIL STAFF REPORT
Date: May 5, 2026
Subject
Approval of First Amendment to Master Agreement with Ghirardelli and Associates for 2026- 2027 Pavement Maintenance Program services; authorize contract execution increase contract by $588,538 to total not to exceed amount of $808,538.

Recommended Action
Authorize the City Manager to execute a First Amendment to a Master Agreement (#2026-011) with Ghirardelli and Associates for Project Management and Construction Management Services for 2026-2027 Pavement Maintenance Program (Attachment A), increasing the contract amount by $588,538 for a new total not to exceed amount of $808,538.

Background
On August 12, 2025 staff advertised a Request for Proposals (RFP) on the City website for Project Management and Construction Management Services for the 2026-2027 Pavement Maintenance Program. The RFP process was conducted in accordance with applicable City policy and the Municipal Code while following standard best practices for this process. On September 9, 2025, two proposals were received. Staff thoroughly reviewed the proposals and determined Ghirardelli and Associates to be most qualified to meet the project objectives.

In November 2025, staff executed a Master Agreement with Ghirardelli and Associates with a maximum compensation not to exceed $220,000 (Attachment B). The contract amount was based upon the Consultant’s cost proposal to analyze the City’s street assets, develop a multiyear maintenance plan based on a budget total established by the City, develop project Plans, Specifications and Estimate (PS&E) packages for the 2026 Pavement Maintenance Phase 1 and 2 Projects, and assist the City through the bidding process. The RFP scope of work included the expectation for the selected Consultant to provide future Construction Management Services for the 2026 Pavement Maintenance Phase 1 and Phase 2 projects. However, at the time Consultant’s submitted proposals, these costs were not able to be provided because the projects were not fully scoped. Upon completion of the multi-year plan and following the bid advertisement of the pavement maintenance projects, the City requested a cost proposal for Construction Management services for these projects from Ghirardelli and Associates. 348
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Reasons for Recommendation and Available Options
After review and negotiation of Ghirardelli and Associates proposal for Construction Management services, the costs are $254,412 for the 2026 Phase 1 Project and $334,126 for the 2026 Phase 2 Project, or approximately 13.6% and 12.9% of construction contract costs respectively, which is typical for projects of this nature. If approved, this amendment will increase the maximum compensation of the Master Agreement to $808,538.

Sustainability Impact
No sustainability impact.

Fiscal Impact
The First Amendment to the Master Agreement will result in a fiscal impact of up to $588,538.

Sufficient funds are budgeted in 270-85-821 900-921 (Capital Outlay Annual Asphalt Project) and 270-85-821 900-971 (Capital Outlay SB1 Roads). No additional appropriations are needed.

Fiscal Summary
Project Funding Status Amount
Capital Outlay Annual Asphalt Project (GL# 270-85-
821 900-921) includes $438,330 of vehicle registration fee revenues received from VTA
$6,631,379
Capital Outlay SB1 Roads (GL# 270-85-821 900-971) $2,143,527 Funding Available for 2026 Pavement Maintenance
Program
$8,774,906
Funding Impact Amount
2026 Pavement Maintenance Program Phase 1 –
Contractor (pending award, separate agenda item
5/5/2026) (GL# 270-85-821 900-921)
-$2,150,274
2026 Pavement Maintenance Program Phase 2 –
Contractor (pending award, separate agenda item
5/5/2026) (GL# 270-85-821 900-971)
-$2,143,527
2026 Pavement Maintenance Program Phase 2 –
Contractor (pending award, separate agenda item
5/5/2026, GL# 270-85-821 900-921)
-$715,632
Construction Management – Ghirardelli Associates
(this item) -$588,538
Total - Funding Impact -$5,597,971
Project Funding Remaining 3,176,935
City Work Program (CWP) Item/Description
None
Council Goal
Quality of Life, Transportation
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California Environmental Quality Act
No California Environmental Quality Act impact
_____________________________________
Prepared by: Jo Anne Johnson, Public Works Project Manager Reviewed by: Chad Mosley, Director of Public Works
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A – Draft First Amendment to Ghirardelli and Associate Master Agreement B – Ghirardelli and Associates Inc. Master Agreement for 2026 – 2027 Pavement Maintenance Program
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1 FIRST AMENDMENT TO AGREEMENT {Contract ID2026-011} BETWEEN THE CITY OF CUPERTINO AND

GHIRARDELLI AND ASSOCIATESN INC, FOR

PROJECT MANAGEMENT AND CONSTRUCTION
MANAGEMENT SERVICES FOR THE 2026-2027

PAVEMENT MAINTENANCE PROGRAM
This First Amendment to Agreement #2026-11 is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and Ghirardelli and Associates Inc, a corporation (“Contractor”) whose address is 6601 Owens Dr, Suite 115, Pleasanton, CA 94588, and is made with reference to the following:

RECITALS:

A. On November 11, 2025 Agreement 2026-11 (“Agreement”) was entered into by and between City and Contractor for Project Management and Construction Management Services for the 2026-2027 Pavement Maintenance Program.

B. City and Contractor 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. Paragraph 2.1 of the Agreement is modified to read as follows: Scope of Services. Contractor agrees to provide the Services set forth in the Scope of Services, attached and incorporated here as Exhibit A-1, on an as-needed basis. The Services must comply with this Agreement and with each Service Order issued by the City’s Project Manager or his/her designee, in accordance with the following procedures, unless otherwise specified in Exhibit A-1. Contractor further agrees to carry out work in compliance with any applicable local, State, or Federal order regarding COVID-19. Exhibit A of the Agreement is replaced with a new Exhibit A-1 attached hereto.

2. Paragraph 4.1 of the Agreement is modified to read as follows: City will pay Contractor for satisfactory performance of the Services a total amount that will based upon actual costs but that will be capped so as not to exceed $808,358, (“Contract Price”), based upon the Scope of Services in Exhibit A-1 and the budget and rates included. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount.

3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect.

SIGNATURES CONTINUE ON THE FOLLOWING PAGE
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2 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed.

CITY OF CUPERTINO
By
Title
Date

APPROVED AS TO FORM

Senior Assistant City Attorney
ATTEST:

Acting City Clerk
Date
GHIRARDELLI AND ASSOCIATES, INC.

By
Title
Date
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3 EXPENDITURE DISTRIBUTION
Item Amount
Original Agreement $220,000
Amendment 1 $588,538
Not-to-Exceed Total $808,538
SO 1 2026-27 Pavement Maintenance Program
(PO# 2026-367)
$210,465
Service Orders Encumbered $210,465
Master Agreement Balance $598,073
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Ghirardelli Associates | 2055 Gateway Pl. Ste. 470, San Jose, CA 95110 | (480) ghirardelliassoc.com 1 File No. 23660.001
April 14, 2026
Jo Anne Johnson
Public Works Project Manager
City of Cupertino
Department of Public Works
10300 Torre Avenue
Cupertino, CA 95014
Via Email: [email protected]
RE: Construction Management Services for the 2026 Pavement Maintenance Phase 1 (PW-2026- 836) and 2026 Pavement Maintenance Phase 2 (PW-2026-835) Projects Dear Ms. Johnson,
Ghirardelli Associates, Inc. (Ghirardelli) is pleased to submit this proposal to the City of Cupertino (City) to provide construction management support services during the construction of the 2026 Pavement Maintenance Phase 1 and Phase 2 projects.

UNDERSTANDING
Ghirardelli understands the City plans to start work on their 2026 Pavement Maintenance projects which will be divided into two phases. Phase 1 is due to start construction in May 2026 with Phase 2 following in August 2026.
2026 Pavement Maintenance Phase 1 (PW-2026-836)
Engineers Estimate: $2,478,000
Working Days: 60
Scope of Work: The work will consist of concrete sidewalk, curb, gutter, curb ramp, and valley gutter removal and replacement, monument preservation, digout repairs, asphalt grinding, asphalt overlay, adjustment of utility covers, replacement of traffic striping and legends, and replacement of traffic signal loop detectors.
2026 Pavement Maintenance Phase 2 (PW-2026-835)
Engineers Estimate: $2,320,369
Working Days: 90
Scope of Work: The project includes the application of Slurry Seal, Fog Seal, and Rubberized Cape Seal and removal replacement of traffic striping, markers and legends.

SCOPE OF WORK
Ghirardelli is proposing the following scope of services for the Pavement Maintenance projects. The scope of work is divided into three phases: pre-construction, construction, and post-construction.

EXHIBIT A-1
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Ghirardelli Associates | 2055 Gateway Pl. Ste. 470, San Jose, CA 95110 | (480) ghirardelliassoc.com 2

PRE-CONSTRUCTION SERVICES
Ghirardelli’s Resident Engineer will organize a pre-construction conference with the Contractor, subcontractors, City staff, inspector, and other stakeholders to discuss the project and the work involved. This conference will provide a forum for answering questions from the Contractor and other interested parties as well as addressing issues and coordination that need to be performed before work commences. Ghirardelli’s Resident Engineer will prepare an agenda and meeting minutes.

CONSTRUCTION SERVICES
Ghirardelli’s Resident Engineer will manage the day-to-day administration of the project. The Resident Engineer, as appropriate, will be the first point of contact with the Contractor, representing the City. The Resident Engineer will:
• Prepare and issue correspondence to the Contractor.
• Coordinate with the City, providing informational updates and requesting input, as needed. • Manage project inspection.
• Coordinate, manage and review materials sampling and testing activities. • Monitor project safety and verify compliance with laws, orders, and regulations. • Review labor compliance documents.
• Prepare punch lists, as necessary.

Contract Administration
Ghirardelli’s Resident Engineer will review and respond to submittals and RFIs in coordination with the City’s Project Manager; review and monitor the Contractor’s schedule; coordinate the review of traffic control plans and inspection of traffic control measures; review the Contractor’s compliance with all permits, stormwater regulations and permits (SWPPP), and environmental documents; review the Contractor’s compliance with health and safety standards and regulations and reporting of noncompliance; verify compliance with public outreach requirements and monitor record documents to ensure proper completion by the Contractor. At the conclusion of each week's work, a Weekly Statement of Working Days (WSWD) will be submitted to both the Contractor and City staff.

Document Control/Labor Compliance
Ghirardelli’s Office Engineer will provide document control services for the City, including establishing and maintaining an organized electronic filing system for all project records. Services include receiving, tracking, and distributing project correspondence, submittals, payrolls, and compliance documents; monitoring required submissions and deadlines; maintaining records of contracts, insurance, bonds, permits, and certifications; and preparing document status reports as requested by the City.

Ghirardelli’s Office Engineer will also provide labor compliance services in accordance with applicable federal, state, and local requirements, including California prevailing wage and DIR regulations. Services include collecting, reviewing, and verifying certified payroll records; confirming contractor and subcontractor DIR registration and proper worker classifications; tracking apprenticeships and training contributions; responding to compliance issues or audit requests; and preparing labor compliance reports and final closeout documentation to support project acceptance and retention release. 355
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Ghirardelli Associates | 2055 Gateway Pl. Ste. 470, San Jose, CA 95110 | (480) ghirardelliassoc.com 3 Project Coordination/Meetings
Ghirardelli’s Resident Engineer will hold weekly meetings with the Contractor, City staff and other stakeholders. The Resident Engineer will prepare and distribute weekly project meeting agendas and minutes to attendees. Our Resident Engineer will be in close communication with the City’s Project Manager to coordinate project issues and keep the City informed regarding the project status.

Ghirardelli will also coordinate with local agencies and other third parties and arrange meetings for specific issues, as needed.

Scheduling
Ghirardelli’s Scheduler will review the Contractor's baseline schedule and determine its conformance with the plans and specifications. We will also review the monthly schedule updates and look ahead schedules to verify that the project is on schedule. Any slippage will be discussed with the contractor and the City’s Project Manager so that action can be taken to minimize delays to project completion.

Monthly Progress Payments
Ghirardelli will prepare a progress payment estimate each month and will include the quantity and amount to pay, quantity and amount paid to date, and the quantity and amount remaining for each contract item and change order.

The Resident Engineer and Inspector will prepare source documents for payment for work performed for each item listed in the Engineer’s Estimate. These source documents will include calculations, field measurements and counts to document the exact quantity(s) of item work performed each progress pay period. These source documents will be filed in the project records and will be the basis for payment as well as the auditable permanent project records.

Submittals and RFIs
Our Resident Engineer will review Submittals and RFIs and coordinate with the City’s Project Manager to respond in a timely manner. Document logs will be maintained by our Office Engineer for correspondence, submittals/shop drawings, RFls, RFCs, change orders and disputes and potential claims.

Construction Inspection
Close adherence to the plans, details, and all applicable specifications is required in order to properly construct and administer the project. Inspection activities include, but are not limited to, maintaining continuous City coordination, issuing notices of non-compliance, maintaining strict adherence to all local policies, conducting a daily review of the construction operations, and adhering to all applicable contract specifications and standards to include the City, State and Federal.

Ghirardelli’s Inspector will prepare a daily report for each construction day. The inspector’s daily reports will be provided to the Resident Engineer. This information will be used for the preparation and evaluation of the monthly progress estimates, non-compliance issues, construction delays, compliance tests, CPM schedule review and claims. The daily reports will include the following information:
• Date, project identification, contractor’s name, subcontractor’s name(s), and time of inspections.
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Ghirardelli Associates | 2055 Gateway Pl. Ste. 470, San Jose, CA 95110 | (480) ghirardelliassoc.com 4 • Conditions (weather, moisture, soil, etc.); any inclement weather conditions that hampered or delayed the contractor’s operations.
• Activities detail. Scheduled activities including starting and completion dates. Bid item numbers of all activities should be listed in the daily report. • Difficulties encountered by the contractor.
• Construction issues (disputes, questions in the field, etc.). • Deficiencies and violations (including construction work, safety, labor, etc.). • Major material and equipment deliveries to the site (type, quantity, means of delivery, and condition of materials).
• Record of manpower, construction equipment, and materials testing locations and results.

Change Orders
Ghirardelli’s Resident Engineer will prepare Change Orders, as necessary, in accordance with the City’s Project Manager’s instructions. Change Order approval or Authority to Proceed will be secured from the City before any work of the change is performed.

Materials Sampling and Testing (Field and Lab)
Ghirardelli’s Inspector will coordinate all materials testing with our subcontracted materials firm.

Ghirardelli’s Inspector will review the test reports for compliance and maintain the required documentation, including a non-conformance log to assure that all failed tests are retested until meeting compliance.

POST CONSTRUCTION SERVICES
Ghirardelli will work closely with City staff and other stakeholders to help to ensure that the project closeout proceedings are performed quickly and accurately, in accordance with all pertinent policies and procedures. We will review and monitor the Contractor's submittal information respective to the closeout, such as "as-built" information, punch list preparation, final progress payment, warranties, guarantees, etc. Our inspector will perform a final inspection and ensure all items from the punch list are completed.

Ghirardelli will provide City staff with an original set of construction documents, cataloged in accordance with the City’s approved file management system, which includes all documented correspondence, diaries, reports, photos, correspondence, contract documents, labor compliance, materials, material tests, change orders, progress payment and survey records, etc. for storage by the City. All contract documents will be digitized and filed electronically.

FEE ESTIMATE
Ghirardelli has provided the attached fee estimate broken down by task for both Phase 1 and Phase 2. 357
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Ghirardelli Associates | 2055 Gateway Pl. Ste. 470, San Jose, CA 95110 | (480) ghirardelliassoc.com 5

CLOSING
As a principal of the firm, I have the authority to bind the firm. Our Project Manager, Ms. Janet Navarro, may be contacted directly if you have any questions. Janet can be reached via phone at 510.414.1588 or email at [email protected].

Sincerely,
Ghirardelli Associates, Inc.

Raewyn Lelo-Butcher
Executive Vice President
M| 510.708.7442
E| [email protected]
Attachments: Fee Estimate
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City of Cupertino
Pavement Maintenance Phase 1 & 2
April 14, 2026 Pre-Construction TOTALS
May June July August September October November
Days 8 22 21 17 10 2 2 82
Hours 64 176 168 136 80 16 16 656
FTE Rates
Resident Engineer $ 292.32 $
$
$
$
$
$
$
$

Office Engineer 0 $ 213.73 $ $ $ $ $ $ $ $ Inspector 1 $ 198.77 $ 12,721.28 $ 34,983.52 $ 33,393.36 $ 27,032.72 $ 15,901.60 $ 3,180.32 $ 3,180.32 $ 130,393.12 Scheduler 0 $ 253.00 $ $ $ $ $ $ $ $ 0
Inspection OT/Weekend Allowance @ 20% Inspector Estimate $ 26,078.62 Materials Testing $ ,000.00
Fee Estimate: Phase 1 $ ,4.
Pre-Construction TOTALS
August September October November December January February March Days 4 11 20 17 22 19 19 10 122
FTE Rates Hours 32 88 160 136 176 152 152 80 976
Resident Engineer $ 292.32 $
$
$
$
$
$
$
$
$

Office Engineer $ 213.73 $ $ $ $ $ $ $ $ 0 $ Inspector 1 $ 198.77 $ 6,360.64 $ 17,491.76 $ 31,803.20 $ 27,032.72 $ 34,983.52 $ 30,213.04 $ 30,213.04 $ 15,901.60 $ 193,999.52 Scheduler 0 $ 253.00 $ 0 $ $ $ 0 $ 0 $ 0 $ $ 0 $ Inspection OT/Weekend Allowance @ 20% Inspector Estimate $ 38,799.90 Materials Testing $ ,000.00
Fee Estimate: Phase 2 $

Fee Estimate: Phase 1 and 2 Combined $

Post Construction
Phase I - 60 Construction Working Days Post Construction Phase II - 90 Construction Working Days
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MASTER PROFESSIONAL/SPECIALIZED SERVICES
AGREEMENT WITH GHIRARDELLI ASSOCIATES, INC.

1. PARTIES
and Ghirardelli Associates, Inc. - 2027 Pavement Maintenance

2. SERVICES

2.1 Scope of Services. Contractor agrees to provide the Services set forth in the Scope of Services, attached and incorporated here as Exhibit A, on an as-needed basis. The Services must comply with this accordance with the following procedures, unless otherwise specified in Exhibit A. Contractor further agrees to carry out work in compliance with any applicable local, State, or Federal order regarding COVID-19.

2.2 Service Orders. Before issuing a Service Order, the City Project Manager will request Services in writing and hold a meeting with Contractor to discuss the Service Order. Contractor will submit a written proposal that includes a specific Scope of Services, Schedule of Performance, and Compensation, which the Parties will discuss. Thereafter, City will execute a Service Order Form for the Services, attached and incorporated here as Exhibit B. The Service Order will specify the Scope of Services, Schedule of Performance, Compensation, and any other conditions applicable to the Service Order. Issuance of a Purchase Order is discretionary. The City Project Manager is authorized to streamline these procedures ed for Services performed without a
duly authorized and executed Service Order.

2.3 ls, request for qualifications, or any
other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement.

3. TIME OF PERFORMANCE

3.1 Term.

Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are 360
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3.2 Schedule of Performance. Contractor must deliver the Services within the time specified in each Service Order, and under no circumstances should the Services go beyond the Contract Time.

3.3 Time is of the essence for the performance of all the Services required in this Agreement and in each Service Order. Contractor must have sufficient time, resources and qualified staff to deliver the Services on time. Contractor must respond promptly to each Service Order request.

4. COMPENSATION

4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services a total amount that will based upon actual costs but that will be capped so as not to exceed $220,000.00 maximum compensation includes all expenses and reimbursements and will remain in place even if

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

4.3 Invoices and Payments. Except as otherwise provided in a Purchase Order, monthly invoices must state a description of the deliverables completed and the amount due for the preceding month. Thirty (30) days prior to expiration of the Agreement, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Noncompliance with this requirement 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 compensation, 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. Only Cont
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 361
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and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event that Contractor or any employee, agent, or subcontractor of Contractor 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, Contractor 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 curred by City in connection with the above. 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 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 out property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product

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

8. RECORDS
Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed City for review and audit. The records and supporting documents must be kept separate from other 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 will be considered an assignment of the Agreement and subject to City approval. Control means fifty percent (50%) or more of the voting power of the business entity.

10. PUBLICITY / SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of this be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles.

No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City.

11. INDEMNIFICATION

11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, 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:
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(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) information;
(e) Claim of infringement or violation of a U.S patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party.

11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a thirdwill 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 to a
claim or counterclaim arising out of this Agreement, a purchase order or other transaction.

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

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

11.6 This Section 11 shall survive termination of the Agreement.

12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit C, 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 Contract
compensation or terminating the Agreement.

13. COMPLIANCE WITH LAWS

13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act.
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13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the prevailing wage laws under Labor Code Section 1720 and other labor laws.

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

Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated.

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

13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide 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 Susan Michael as the representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor.

Contractor Project Manager. Subject to City approval, Contractor assigns Lynette Kong as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performanc
scheduling the Services in accordance with City instructions, service orders and the Schedule of bout the status, progress
new Representative which shall result in no additional costs to City.

15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts thereof at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time -approval in writing, the time spent in
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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
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but 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 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 signed by each P
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. 366
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23. HEADINGS
The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement.

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: Susan Michael
Email: [email protected]
To Contractor:

Ghirardelli Associates, Inc.
6601 Owens Drive, Suite 155
Pleasanton, CA 94588
Attention: Lynette Kong
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.

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

CITY OF CUPERTINO
A Municipal Corporation
By
Name
Title
Date
GHIRARDELLI ASSOCIATES, INC.

By
Name
Title
Date
APPROVED AS TO FORM:

MICHAEL K. WOO
Senior Assistant City Attorney
ATTEST:

KIRSTEN SQUARCIA
City Clerk
Date
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EXHIBIT A

SCOPE OF SERVICES
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Municipal Engineering Services Hourly Rates
$183
$89
2025
$254
Administrative Assistance
Associate Engineer
$310
Principal Engineer $287
$215
Hourly Rate
Senior Principal Engineer
Senior Management Analyst
Senior Project Manager
Assistant Engineer
Classification
Management Analyst
Senior Engineer
Project Manager
$243
$166
$100
$270
Engineering Trainee
$193
1) Services are billed on a time-and-materials basis. All hourly rates include overhead costs. Overtime services provided outside of normal business hours will be billed at 1.5x the applicable rate. 2) Any extensive reproduction or delivery service charges shall be billed at actual. 3) Rates valid through 12/31/2025 . Annual rate escalation is 5%. 374
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SERVICE ORDER FORM

EXHIBIT B
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City of Cupertino Master Agreement Service Order
Master Agreement Maximum Compensation:

Total Previously Encumbered to Date:

Encumbrance this Service Order:

Master Agreement Unencumbered Balance:

Approvals Signatures:

Consultant/
Contractor
Manager/
Supervisor:

Date:

Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature City Finance: Date:

SO Acc't #:

Project #:

PO #:

Date:

CITY OF CUPERTINO

MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER NO.

Master Agreement Contract #: MA Date:

Maximum Compensation: MA End Date:

Consultant: Firm Name:

Address:

Contact: Ph:

Project Name:

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

Fiscal/Budget :

Exhibit B
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Insurance Requirements for Professional/Specialized Services Agreement
Version: May 2025
Contractor 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.

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

1. Commercial General Liability (CGL): with coverage at least as broad as Insurance Services Office (“ISO”) Form CG 00 01, with limits no less than $2,000,000 per occurrence, $2,000,000 general aggregate, and $2,000,000 products and completed operations aggregate. The policy shall include a per project or per location general aggregate endorsement as broad as CG 25 03 or CG 24 04. If a per project/location endorsement is not available, the limit of the general aggregate shall be doubled. 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 Contractor's policy shall allow and be endorsed "primary and noncontributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as the most recent edition of ISO CG 20 01.
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess liability insurance, provided each policy follows form of the underlying policy and complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City. The City’s own insurance or self-insurance shall not be called upon.

2. Automobile Liability: Coverage shall be provided using ISO Form Number CA 00 01 (or equivalent) covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 each accident for bodily injury and property damage.

Not required. Consultant shall be fully remote and not use automobiles to provide the service. In the event Consultant uses an automobile or automobiles in the operation of its business to provide services under this Agreement, the Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non-owned and hired autos (any auto-Symbol 1), or if Consultant does not own autos (hired autos-Symbol 8 and non-owned autos-Symbol 9). Evidence shall be provided with a Certificate of Insurance, along with an additional insured endorsement in favor of the City, primary and non-contributory coverage and endorsement, and waiver of subrogation coverage and endorsement under the policy prior to the use of any automobile.

Consultant has provided written confirmation that it does not own any autos. Consultant shall provide coverage for hired autos-Symbol 8 and non-owned autos-Symbol 9. Primary and NonContributory coverage and Waiver of Subrogation coverage is waived under the Automobile Liability hired and non-owned only coverage. In the event Consultant uses an owned automobile or automobiles in the operation of its business to provide services under this Agreement, the

EXHIBIT C
Insurance Requirements
Professional/Specialized Services Agreement
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Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non-owned and hired autos (any auto-Symbol 1).

In lieu of Business Automobile Liability, Consultant shall maintain throughout the term of this Agreement and provide the City with evidence (including the policy Declarations Page) of personal automobile insurance coverage in accordance with the laws of the State of California. As available under the policy, evidence shall be provided with the Certificate of Insurance, along with an additional insured endorsement in favor of the City, primary and non-contributory coverage and endorsement, and waiver of subrogation coverage and endorsement. City approval of coverage is required prior to commencement of services.

3. Workers’ Compensation: As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance of no less than $1,000,000 each accident / disease.

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

4. Professional Liability for professional acts, errors and omissions, if applicable and as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

If written on a claims-made basis 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 Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services.

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

Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered and endorsed as additional insureds on Contractor’s CGL and automobile liability policies. General Liability coverage shall be in the form of an endorsement to Contractor’s insurance (at least as broad as ISO Form CG 20 10 (11 85) or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms, if a later edition is used.

Primary and Non-Contributory Coverage
Except for Workers’ Compensation, coverage afforded to City/Additional Insureds shall allow and be endorsed primary with coverage at least as broad as the most recent edition of ISO CG 20 01 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, and volunteers shall be excess of Contractor’s insurance and shall not contribute to it.

Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. If a carrier will not provide the required notice of cancellation or policy modification, the Contractor shall provide written notice to the City of a cancellation or policy modification no later than 30 days in advance or 10 days in advance if due to non-payment of premiums.

Waiver of Subrogation
Contractor waives any right to subrogation against City/Additional Insureds for recovery of damages to the 378
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extent said losses are covered by the insurance policies required herein. Specifically, the General Liability, Automobile Liability and Workers’ Compensation policies shall allow and be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and volunteers. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City (Insert on the Certificate of Insurance, if zero, insert “$0”). At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Contractor 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
Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A-VII or higher.

Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including all required amendatory 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 to City prior to commencing the Services. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City retains the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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

Higher Insurance Limits
If Contractor 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 Contractor.

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.

Insurance coverage shall not limit Contractor’s duties to indemnify, defend and hold City harmless. City reserves the right to modify these requirements based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.
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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
10/1/2025
License # 0757776
(925) 609-6500 (925) 609-6550
35289
Ghirardelli Associates, Inc.
2990 Lava Ridge Court, Suite 200
Roseville, CA 95661
20427
20478
20443
A 1,000,000
X X C6075689503 11/15/2024 11/15/2025 1,000,000
Ded: 0 15,000
1,000,000
2,000,000
2,000,000
B 1,000,000
X X BUA 6075689498 11/15/2024 11/15/2025 Ded: 0 A 10,000,000 X X CUE 6075689517 11/15/2024 11/15/2025 10,000,000
10,000
C
X WC 7 33849267 6/1/2025 6/1/2026 1,000,000 N 1,000,000 1,000,000
D Prof & Poll Liab AEH288376164 6/1/2025 Occurrence&Aggregate 5,000,000 D PROF & POLL LIAB AEH288376164 6/1/2025 6/1/2026 Aggregate 5,000,000 RE: GAI Project No. 23660
The City of Cupertino, its City Council, officers, officials, employees, agents, and volunteers are Additional Insured with regard to General Liability when required by written contract per the attached endorsement form CNA75079XX 01/16 Primary & Non-Contributory included. Waiver of Subrogation with regard to General Liability applies when required by written contract per the attached endorsement form CNA74858XX 01/15. Additional Insured with regard to Auto Liability applies when required by written contract per the attached endorsement form CNA63359XX 04/12, Primary & Non-Contributory included. Waiver of Subrogation with regard to Auto Liability applies when required by written contract per the attached endorsement form CA0444 10/13. Waiver of Subrogation SEE ATTACHED ACORD 101
City of Cupertino
Department of Public Works
10300 Torre Avenue
Cupertino, CA 95014
GHIRASS-01 KPOWELL1
HUB International Insurance Services Inc.
3000 Executive Parkway Suite 300
San Ramon, CA 94583
The Continental Insurance Company
American Casualty Co of Reading PA
National Fire Insurance Company of Hartford
Continental Casualty Company
X
6/1/2026
X
X
X
X
X
X
X
X
X Ded: 0
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FORM NUMBER: EFFECTIVE DATE:

The ACORD name and logo are registered marks of ACORD

ADDITIONAL REMARKS

ADDITIONAL REMARKS SCHEDULE
FORM TITLE:

Page of

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01)
AGENCY CUSTOMER ID:

LOC #: AGENCY NAMED INSURED

POLICY NUMBER

CARRIER NAIC CODE
© 2008 ACORD CORPORATION. All rights reserved.

HUB International Insurance Services Inc.

GHIRASS-01
SEE PAGE 1
1 SEE PAGE 1
ACORD 25 Certificate of Liability Insurance
License # 0757776
0 SEE P 1
Ghirardelli Associates, Inc. 2990 Lava Ridge Court, Suite 200 Roseville, CA 95661 SEE PAGE 1
KPOWELL1
1 Description of Operations/Locations/Vehicles:
with regard to Workers Compensation applies when required by written contract per the attached endorsement form G19160B 11/97.

Excess Liability follows form of the underlying General, Auto and Employers Liability policies. 30 Days Notice of Cancellation with regard to General liability per the attached endorsement form CNA74702XX (1-15). 30 Days Notice of Cancellation with regard to Workers' Compensation per the attached endorsement form CC68021A (02-13). 30 Days Notice of Cancellation with regard to Professional Liability per the attached endorsement form CNA79045XX (09-14). 381
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CITY OF CUPERTINO
Agenda Item
26-15045 Agenda Date: 5/5/2026
Agenda #: 16.

Subject: Second reading and enactment of amendments to Cupertino Municipal Code, Chapter 9.17 Single ‐Use Carryout Bags, pertaining to regulation of single‐use carryout bags at retail stores and restaurants.

1. Conduct the second reading and enact Ordinance 26‐2280: "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, AND 9.17.140 TO REGULATE SINGLE‐USE

CARRYOUT BAGS'

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

CITY OF CUPERTINO Page 1 of 1 Printed on 4/29/2026
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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: May 5, 2026
Subject
Amendments to 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. Conduct the second reading of Ordinance 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, and 9.17.140 to Regulate Single-Use Carryout Bags.”

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

Background
On April 21, 2026, the City Council conducted the first reading of Ordinance 26-____: “An Ordinance of the City Council of the City of Cupertino to Amend Sections 9.17.100, 9.17.110,

9.17.130, and 9.17.140 to Regulate Single-Use Carryout Bags.” This action was taken to align municipal code with current State regulations banning stores from providing plastic carryout bags with handles at point of purchase.

The City Council unanimously approved the first reading and did not make any revisions or edits to the proposed Ordinance. If the City Council approves the second reading today, the proposed ordinance will be in effect thirty days after, on June 4, 2026.

Sustainability Impact
No sustainability impact
Fiscal Impact
No fiscal impact.

City Work Program (CWP) Item/Description
None
Council Goal
Environmental Sustainability, Quality of Life
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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)
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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, AND

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 404
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Ordinance No. 26-

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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.

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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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 407
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Carryout Bags- Page 2
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, 408
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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 409
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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 410
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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.
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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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CITY OF CUPERTINO
Agenda Item
26-15046 Agenda Date: 5/5/2026
Agenda #: 17.

Subject: Second reading and enactment of an Ordinance to amend Cupertino Municipal Code Title 16 to conform to requirements from the California Building Standards Commission (CBSC).

Conduct the second reading and enact Ordinance No. 26-2281: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTERS 16.02, 16.04, 16.06, 16.10, 16.16,

16.20, 16.24, 16.40, 16.42, 16.54, 16.58, 16.62, 16.64, 16.68 and 16.80 OF TITLE 16 OF THE CUPERTINO

MUNICIPAL CODE ADOPTING THE CALIFORNIA BUILDING, RESIDENTIAL, ELECTRICAL,

MECHANICAL, PLUMBING, ENERGY, WILDLAND-URBAN INTERFACE CODE, HISTORICAL

BUILDING CODE, FIRE, EXISTING BUILDING CODE, GREEN BUILDING STANDARDS CODE,

REFERENCED STANDARDS CODE, UNIFORM HOUSING CODE, AND PROPERTY MAINTENANCE

CODE, WITH CERTAIN EXCEPTIONS, DELETIONS, MODIFICATIONS, ADDITIONS AND AMENDMENTS.

CITY OF CUPERTINO Page 1 of 1 Printed on 4/29/2026
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COMMUNITY DEVELOPMENT DEPARTMENT

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308
CUPERTINO.GOV

CITY COUNCIL STAFF REPORT
May 5, 2026
Subject
Second reading and enactment of an Ordinance to amend Cupertino Municipal Code Title 16 to conform to requirements from the California Building Standards Commission (CBSC).

Recommended Action
Conduct the second reading and enact Ordinance No. 26-2281: “An Ordinance of the City Council of the City of Cupertino amending Chapters 16.02, 16.04, 16.06, 16.10, 16.16, 16.20, 16.24, 16.40,

16.42, 16.54, 16.58, 16.62, 16.64, 16.68 and 16.80 of Title 16 of the Cupertino Municipal Code Adopting the California Building, Residential, Electrical, Mechanical, Plumbing, energy, Wildland-Urban Interface Code, Historical Building Code, Fire, Existing Building Code, Green Building Standards Code, Referenced Standards Code, Uniform Housing Code, and Property Maintenance Code, With Certain Exceptions, Deletions, Modifications, Additions and Amendments.”
Reasons for Recommendation and Available Options
On April 21, 2026, the City Council conducted the first reading of Ordinance No. 26-2281 amending Title 16 of the Cupertino Municipal Code to adopt the 2025 California Code of Regulations with local amendments. No changes to the draft ordinance (Attachment A) were requested by Council during the first reading. If the City Council approves the second reading on May 5, 2026, the proposed ordinance will go into effect June 5, 2026.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.

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

Quality of Life, Environmental Sustainability
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California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Sean Hatch, Building Official
Reviewed by: Benjamin Fu, Director of Community Development Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A – Draft Ordinance – Clean
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1 ATTACHMENT B
ORDINANCE NO. 26-2281

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTERS 16.02, 16.04, 16.06, 16.10, 16.16, 16.20, 16.24, 16.40, 16.42, 16.54,

16.58, 16.62, 16.64, 16.68 and 16.80 OF TITLE 16 OF THE CUPERTINO MUNICIPAL

CODE ADOPTING THE CALIFORNIA BUILDING, RESIDENTIAL, ELECTRICAL,

MECHANICAL, PLUMBING, ENERGY, WILDLAND-URBAN INTERFACE CODE,

HISTORICAL BUILDING CODE, FIRE, EXISTING BUILDING CODE, GREEN

BUILDING STANDARDS CODE, REFERENCED STANDARDS CODE, UNIFORM

HOUSING CODE, AND PROPERTY MAINTENANCE CODE, WITH CERTAIN EXCEPTIONS, DELETIONS, MODIFICATIONS, ADDITIONS AND AMENDMENTS.

WHEREAS, pursuant to Sections 17922, 17958, 17958.5, 17958.7, 17958.11, and 18941.5 of the California Health and Safety Code, the City of Cupertino may adopt the provisions of the 2025 California Administrative Code (Part 1 of Title 24), 2025 California Building Code (Part 2 of Title 24, based on the 2024 International Building Code), the 2025 California Residential Code (Part 2.5 of Title 24 based on the 2024 International Residential Code), the 2025 California Electrical Code (Part 3 of Title 24 based on the 2023 National Electrical Code), The 2025 California Mechanical Code (Part 4 of Title 24 based on the 2024 Uniform Mechanical Code), the 2025 California Plumbing Code (Part 5 of Title 24 based on the 2024 Uniform Plumbing Code), the 2025 California Energy Code (Part 6 of Title 24), the 2025 California Wildland-Urban Interface Code (Part 7 of Title 24 based on the 2024 International Wildland-Urban Interface Code), the 2025 California Historical Building Code (Part 8 of Title 24), the 2025 California Fire Code (Part 9 of Title 24 based on the 2024 International Fire Code), the 2025 California Existing Building Code (Part 10 of Title 24 based on the 2024 International Existing Building Code), the 2025 California Green Building Standards Code (Part 11 of Title 24), the 2025 California Referenced Standards Code (Part 12 of Title 24) with certain amendments to those provisions which are reasonably necessary to protect the health, welfare and safety of the citizens of Cupertino because of the local climatic, geological, and topographical conditions; and
WHEREAS, over the years, the City Council made factual findings set forth in respective sections of Chapter 16 of the Cupertino Municipal Code relating to the amendments to the California codes; and
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WHEREAS, the factual findings made then continue to be valid and relate to the amendments made to the California codes in this adoption, and such findings are incorporated by reference; and
WHEREAS, in addition to those findings set forth in the provisions of the Cupertino Municipal Code, the City Council adopted a resolution making factual findings with respect to the local geological, topographical, and climate conditions including, but not limited to, the following:
1) The Bay Area region is a densely populated area with buildings constructed over and near a vast array of fault systems capable of producing major earthquakes, including, but not limited to the recent 1989 Loma Prieta Earthquake;
2) Cupertino is situated adjacent to active earthquake faults capable of producing substantial seismic events. The San Andreas and Sargent-Berocal faults run through the lower foothills and the Monta Vista Fault is closer to the valley floor area. The Hayward fault is North East of the City which would also presents a risk to Cupertino in the event of an earthquake; 3) Vehicular traffic through Cupertino is significant, and continues to increase as Cupertino is an employment center as well as the location of residential projects;
4) Cupertino is divided by major freeways and expressways, the occurrence of a major earthquake could impact the ability of fire crews to respond to emergencies should one or more of the freeways or expressways collapse, be substantially damaged, or become gridlocked;
5) Fire suppression capabilities would be severely limited should the water system be damaged during an earthquake;
6) Cupertino experiences low humidity, high winds and warm temperatures during the summer months creating conditions which are particularly conducive to the ignition and spread of grass, brush and structural fires; 7) Cupertino’s topography contains remote, steep hillsides which further limits the ability of emergency responders to extinguish or control wildland or structural fires; and
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8) The local geographic, topographic and climatic conditions require amendments to the California Codes to establish more restrictive conditions to improve structural integrity of the buildings in the event of a seismic incident and provide other protections to protect against the increased risk of fire.

WHEREAS, a copy of all of the Codes to be incorporated by reference into this Ordinance were made available prior to the adoption of this Ordinance as required by law; WHEREAS, this Ordinance was found to be categorically exempt from environmental review per the provisions of the California Environmental Quality Act of 1970, as amended, 14 California Code of Regulations, Section 15061(b)(3); and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Ordinance; and
WHEREAS, this Council has reviewed and considered the Statement of Exemption determination under CEQA prior to taking any approval actions on this Ordinance;

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 419
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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 would have no or only a de minimis effect on the environment. The Ordinance is also exempt from CEQA under CEQA Guidelines section 15308, because it is a regulatory action for the protection of the environment. The foregoing determination is made by the City Council in its independent judgment.

SECTION 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.

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INTRODUCED at a regular meeting of the Cupertino City Council this 21st day of April, 2026; and
ENACTED at a regular meeting of the Cupertino City Council this 5 th day of
May, 2026, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

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CHAPTER 16.02: ADMINISTRATIVE CODE
A. The provisions of the 2025 California Administrative Code and each and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, and is by such reference adopted.

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

CHAPTER 16.04: BUILDING CODE
Sections

16.04.010 Adoption of the 2025 California Building Code, Volumes 1 and 2, based on the 2024 International Building Code, Volumes 1 and 2.

16.04.040 Section 104 – Duties and Powers of Building Official.

16.04.050 Section 105 – Permits.

16.04.060 Section 107 – Submittal Documents.

16.04.070 Responsibility of permittee.

16.04.080 Section 109 – Fees.

16.04.090 Section 110 – Inspections.

16.04.100 Section 111 – Certificate of occupancy.

16.04.110 Section 113 – Means of Appeals.

16.04.120 Section 114 – Violations.

16.04.130 Section 115 – Stop work order.

16.04.220 Chapter 5 – General Building Heights and Areas.

16.04.240 Chapter 7A – Materials and Construction Methods for Exterior Wildfire Exposure.

16.04.260 Chapter 9 – Fire Protection and Life Safety Systems.

16.04.300 Chapter 15 – Roof Assemblies and Rooftop Structures.

16.04.320 Chapter 17 – Special Inspection and Tests.

16.04.340 Chapter 19 – Concrete.

16.04.360 Chapter 23 – Wood.
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16.04.010 Adoption of the 2025 California Building Code, Volumes 1 and 2, based on the 2024 International Building Code, Volumes 1 and 2.

A. Except as otherwise provided in this chapter, the provisions of the 2025 California Building Code, Volumes 1 and 2 inclusive, and specified Appendices and each and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, except such portions as are hereinafter deleted, modified or amended by this ordinance, and is by such adopted by reference.

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

16.04.040 Section 104 – Duties and Powers of Building Official.

Adopt Section [A] 104 of the 2025 California Building Code as follows:
[A] 104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code.
[A] 104.2 Determination of compliance. The building official shall have the authority to determine compliance with this code, to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provision. Such interpretations, policies and procedures:

1. Shall be in compliance with the intent and purpose of this code

2. Shall not have the effect of waiving requirements specifically provided for in this code.
[A] 104.2.1 Listed Compliance. Where this code or a referenced standard requires equipment, materials, products or services to be listed and a listing standard is specified, the listing shall be based on the specified standard. Where a listing standard is not specified, the listing shall be based on an approved listing criteria. Listings shall be germane to the provision requiring the listing. Installation shall be in accordance with the listing and the manufacturer’s instruction, and where required to verify compliance, the listing standard and manufacturer's instructions shall be made available to the building official.
[A] 104.2.2 Technical assistance. To determine compliance with this code, the building official is authorized to determine compliance with this code, to require the owner or owner’s authorized agent to provide a technical opinion and report 423
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[A] 104.2.2.1 Cost. A technical opinion and report shall be provided without charge to the jurisdiction.
[A] 104.2.2.2 Preparer qualifications. The technical opinion and report shall be prepared by a qualified engineer, specialist, laboratory or specialty organization acceptable to the building official. The building official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional. [A] 104.2.2.3 Content. The technical opinion and report shall analyze the properties of the design, operation or use of the building or premises and the facilities and appurtenances situated thereon to identify and propose necessary recommendations. [A] 104.2.2.4 Tests. Where there is insufficient evidence of compliance with the provisions of this code, the building official shall have the authority to require tests as evidence of compliance. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized test standards, the building official shall approve the testing procedures. Such tests shall be performed by a party acceptable to the building official.
[A] 104.2.3 Alternative materials, design and methods of construction and equipment.

The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by the code, provided that any such alternative has been approved.

Exception: Performance based alternative materials, designs or methods of construction and equipment complying with the International Code Council Performance Code. This exception shall not apply to alternative structural materials or to alternative structural designs.
[A] 104.2.3.1 Approval authority. An alternative material, design or method of construction shall be approved where the building official finds that the proposed alternative is satisfactory and complies with Sections 104.2.3 through 104.2.3.7, as applicable.
[A] 104.2.3.2 Application and disposition. Where required, a request to use an alternative material, design or method of construction shall be submitted in writing to the building official for approval. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons for alternative was not approved.
[A] 104.2.3.3 Compliance with code intent. An alternative material, design or method of construction shall comply with the intent of the provisions of this code. [A] 104.2.3.4 Equivalency criteria. An alternative material, design or method of construction shall, for the purpose intended, be not less than the equivalent of that prescribed in this code with respect to all of the following, as applicable:
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1. Quality.

2. Strength.

3. Effectiveness.

4. Durability.

5. Safety, other than fire safety.

6. Fire Safety.
[A] 104.2.3.5 Tests. Tests conducted to demonstrate equivalency in support of an alternative material, design or method of construction application shall be of a scale that is sufficient to predict performance of the end use configuration. Tests shall be performed by a party acceptable to the building official. [A] 104.2.3.5.1 Fire Tests. Tests conducted to demonstrate equivalent fire safety in support of an alternative material, design or method of construction application shall be of a scale that is sufficient to predict fire safety performance of the end use configuration. Tests shall be performed by a party acceptable to the building official.
[A] 104.2.3.6 Reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall comply with Sections 104.2.3.6.1 and 104.2.3.6.2.
[A] 104.2.3.6.1 Evaluation reports. Evaluation reports shall be issued by an approved agency and use of the evaluation report shall require approval by the building official for the installation. The alternate material, design or method of construction and product evaluated shall be within the scope of the building official’s recognition of the approved agency. Criteria used for the evaluation shall be identified within the report and, where required, provided to the building official.
[A] 104.2.3.6.2 Other reports. Reports not complying with Section 104.2.3.6.1 shall describe criteria, including but not limited to any reference testing or analysis, used to determine compliance with code intent and justify code equivalence. The report shall be prepared by a qualified engineer, specialist, laboratory or specialty organization acceptable to the building official. The building official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered deign professional.
[A] 104.2.3.7 Peer review. The building official is authorized to require submittal of a peer review report in conjunction with a request to use an alternative material, design or method of construction, prepared by a peer reviewer that is approved by the building official.
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[A] 104.2.4 Modifications. Where there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, provided that the building official shall first find that one or more special individual reasons make the strict letter of this code impractical, and that the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety or structural requirements. The details of the written request for and action granting modifications shall be recorded and entered in the files of the department of building safety. [A] 104.2.4.1 Flood hazard areas. The building official shall not grant modifications to any provision required in flood hazard areas as established by Section 1612.3 unless a determination has been made that:

1. A showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site render the elevation standards of Section 1612 inappropriate.

2. A determination that failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable.

3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense; cause fraud on or victimization of the public; or conflict with existing laws or ordinances.

4. A determination that the variance is the minimum necessary to afford relief, considering the flood hazard.

5. Submission to the applicant of written notice specifying the difference between the design floor elevation and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation and stating that construction below the design flood elevation increases risks to life and property. [A] 104.3 Applications and permits. The building official shall receive applications, review construction documents, issue permits, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. [A] 104.3.1 Determination of substantially improved or substantially damaged existing buildings and structures in flood hazard areas. For applications for reconstruction, rehabilitation, repair, alteration, addition or other improvement of existing buildings or structures located in flood hazard areas, the building official shall determine if the proposed work constitutes substantial improvement or repair of substantial damage. Where the building official determines that the proposed work constitutes substantial improvement or repair of substantial damage, and where required by this code, the building official shall require the building to meet the 426
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requirements of Section 1612, or Section R306 of the California Residential Code, as applicable.
[A] 104.4 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or on a premises a condition that is contrary to or in violation of this code that makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at all reasonable times to inspect or to perform the duties imposed by this code. If such structure or premises is occupied, the building official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner, the owner’s authorized agent or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to every remedy provided by law to secure entry. [A] Warrant. Where the building official has first obtained a proper inspection warrant or other remedy provided by law to secure entry, an owner, the owner’s authorized agent, occupant or person having charge, care or control of the structure or premises shall not fail or neglect, after a proper request is made as herein provided, to permit entry therein by the building official for the purposes of inspection and examination pursuant to this code.
[A] 104.5 Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. [A] 104.6 Notices and orders. The building official shall issue necessary notices or orders to ensure compliance with this code. Notices of violations shall be in accordance with Section 114.
[A] 104.7 Official records. The building official shall keep official records as required by Section 104.7.1 through 104.7.5. Such official records shall be retained for not less than 5 years or for as long as the building or structure to which such records relate remains in existence, unless otherwise provided by other regulations. [A] 104.7.1 Approvals. A record of approvals shall be maintained by the building official and shall be available for public inspection during business hours in accordance with applicable laws.
[A] 104.7.2 Inspections. The building official shall keep a record of each inspection made, including notices and orders issued, showing the findings and disposition of each. [A] 104.7.3 Code alternatives and modifications. Application for alternative materials, design and methods of construction and equipment in accordance with Section 104.2.3; modifications in accordance with Section 104.2.4; and documentation of the final 427
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decision of the building official for either shall be in writing and shall be retained in the official records.
[A] 104.7.4 Tests. The building official shall keep a record of tests conducted to comply with Sections 104.2.2.4 and 104.2.3.5.
[A] 104.7.5 Fees. The building official shall keep a record of fees collected and refunded in accordance with Section 109.
[A] 104.8 Liability. The building official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered personally liable, either civilly or criminally, and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of any act or omission in the discharge of official duties. [A] 104.8.1 Legal defense. Any suit or criminal complaint instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties under the provisions of this code or other laws or ordinances implemented through the enforcement of this code shall be defended by legal representatives of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code. [A] 104.9 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. [A] 104.9.1 Materials and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good working condition and approved.

16.04.050 Section 105 - Permits.

Amend and Adopt Section [A] 105 of the 2025 California Building Code as follows:
[A] 105.1 Required. Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the Building Official and obtain the required permit.
[A] 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of the City of Cupertino. Permits shall not be required for the following:
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Building:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than 120 square feet (11 m2). It is permissible that these structures still be regulated by Section 710A, despite exemption from permit.

2. Fences, other than swimming pool barriers, not over 7 feet (2134 mm) high.

3. Oil derricks.

4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.

5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18,925 L) and the ratio of height to diameter or width is not greater than 2:1.

6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.

7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

8. Temporary motion picture, television and theater stage sets and scenery.

9. Prefabricated swimming pools accessory to a group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18,925 L) and are installed entirely about ground.

10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

11. Swing and other playground equipment accessory to detached one- and twofamily dwellings.

12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.

13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height.

Electrical:

Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installation of towers and antennas.
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Temporary testing systems: A permit shall not be required for the installations of any temporary system required for the testing or servicing of electrical equipment or apparatus.

Gas:

1. Portable heating appliance.

2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

Mechanical:

1. Portable heating appliance.

2. Portable ventilation equipment.

3. Portable cooling unit.

4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.

5. Replacement of any part that does not alter its approval or make it unsafe.

6. Portable evaporative cooler.

7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (0.75 kW) or less.

Plumbing:

1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. [A] 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official.
[A]105.2.2 Public service agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right.
[A] 105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the City of Cupertino for that purpose. Such application shall:
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1. Identify and describe the work to be covered by the permit for which application is made.

2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.

3. Indicate the use and occupancy for which the proposed work is intended.

4. Be accompanied by construction documents and other information as required in Section 107.

5. State the valuation of the proposed work.

6. Be signed by the applicant, or the applicant's authorized agent.

7. Give such other data and information as required by the building official. [A] 105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable.
[A] 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Building Official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.
[A] 105.4 Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid.

The issuance of a permit based on construction documents and other data shall not prevent the Building Official from requiring the correction of errors in the construction documents and other data. The Building Official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of the City of Cupertino. [A] 105.5 Expiration. On or after January 1, 2019, every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 12 months after the time the work is commenced. The Building Official is 431
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authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
[A] 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code. [A] 105.7 Placement of permit. The building permit or copy shall be posted on site at a location visible from the street frontage and shall remain until the completion of the project.

16.04.160 Section 107 - Construction Documents.

Adopt Section [A] 107 of the 2025 California Building Code as follows:
[A] 107.1 General. Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in digital format with each permit application. The construction document shall be prepared by a registered design professional where required by the building official. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.

Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that the review of construction documents is not necessary to obtain compliance with this code. [A] 107.2 Construction documents. Construction documents shall be in accordance with Sections 107.2.1 through 107.2.8.
[A] 107.2.1 Information on Construction Documents. Construction documents shall be dimensioned and drawn on suitable material. Electronic media documents are permitted to be submitted where approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official. [A] 107.2.2 Fire Protection System Shop Drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance to this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings 432
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shall contain all information as required by the referenced installation standards in Chapter

9. [A] 107.2.3 Means of Egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress including the path of the exit discharge to the public way in compliance with the provisions of this code.

In other than occupancies in Groups R-2, R-2.1 and R-3, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.
[A] 107.2.4 Exterior Wall Envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings.

The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system that was tested, where applicable, as well as the test procedure used. [A] 107.2.5 Exterior Balconies and Elevated Walking Surfaces. Where balconies or other elevated walking surfaces are exposed to water from direct or blowing rain, snow, or irrigation, and the structural framing is protected by an impervious moisture barrier, the construction documents shall include details for all elements of the impervious moisture barrier system. The construction documents shall include manufacturer's installation instructions.
[A] 107.2.6 Site Plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan where the application for permit is for alteration or repair or where otherwise warranted.
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[A] 107.2.6.1 Design Flood Elevations. Where design flood elevations are not specified, they shall be established in accordance with Section 1612.3.1. [A] 107.2.7 Structural Information. The construction documents shall provide the information specified in Section 1603.
[A] 107.2.8 Relocatable Buildings. Construction documents for relocatable buildings shall comply with Section 3113.
[A] 107.3 Examination of documents. The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances.
[A] 107.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as "Reviewed for Code Compliance". It shall be the responsibility of the owner or owner's representative to obtain a hard copy of the approved plans and documents which shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative.
[A] 107.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned.
[A] 107.3.3 Phased approval. The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. [A] 107.3.4 Design professional in responsible charge. Where it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner or the owner's authorized agent to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner or the owner's authorized agent shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner or the 434
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owner's authorized agent if the registered design professional in responsible charge is changed or is unable to continue to perform the duties.

The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. [A] 107.3.4.1 Deferred submittals. Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official.

Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the building official.
[A] 107.4 Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction shall be submitted for approval as an amended set of construction documents.
[A] 107.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than required by the approved City of Cupertino’s document retention plan.

16.04.070 Responsibility of permittee.

Responsibility of permittee. Building permits shall be presumed to incorporate the provision that the applicant, the applicant’s agent, employees or contractors shall carry out the proposed work in accordance with the approved plans and with all requirements of this code and any other laws or regulations applicable thereto, whether specified or not. No approval shall relieve or exonerate any person from the responsibility of complying with the provisions and intent of this code.

16.04.080 Section 109 - Fees.

Fees shall be paid to the city as set forth in the latest resolution adopted by the city.

16.04.090 Section 110 - Inspections.
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Amend and Adopt Section [A] 110 of the 2025 California Building Code as follows:
[A] 110.1 General. Construction or work for which a permit is required shall be subject to inspection by the Building Official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid.

It shall be the duty of the owner or the owner’s authorized agent to cause the work to remain visible and able to be accessed for inspection purposes. Neither the Building Official nor the City of Cupertino shall be liable for expense entailed in the removal or replacement of any material required to allow inspections.
[A] 110.2 Preliminary inspection. Before issuing a permit, the Building Official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.
[A] 110.3 Required inspections. The Building Official, upon notification, shall make the inspections set forth in Section 110.3.1 through 110.3.12. [A] 110.3.1 Footing and Foundation Inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C94, the concrete need not be on the job. [A] 110.3.2 Concrete Slab and Under-Floor Inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.
[A] 110.3.3 Lowest Floor Elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in Section 1612.4 or the California Residential Code, as applicable, shall be submitted to the building official.
[A] 110.3.4 Frame Inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fire-blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved.
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[A] 110.3.4.1 Moisture Content Verification. Moisture content of framing members shall be verified in accordance with the California Green Building Standards Code (CALGreen), Chapter 4, Division 4.5.
[A] 110.3.5 Types IV-A, IV-B and IV-C connection protection inspection. In building of Types IV-A, IV-B and IV-C construction, where connection fire-resistance ratings are provided by wood cover calculated to meet the requirements of Section 2304.10.1, inspection of the wood cover shall be made after the cover is installed, but before any other coverings or finishes are installed.
[A] 110.3.6 Lath, Gypsum Board and Gypsum Panel Product Inspection. Lath, gypsum board and gypsum panel product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished.

Exception: Gypsum board and gypsum panel products that are not part of a fireresistance-rated assembly or a shear assembly. [A] 110.3.7 Weather-Exposed Balcony and Walking Surface Waterproofing. Where balconies or other elevated walking surfaces are exposed to water from direct or blowing rain, snow or irrigation, and the structural framing is protected by an impervious moisture barrier, all elements of the impervious moisture barrier system shall not be concealed until inspected and approved.

Exception: Where special inspections are provided in accordance with Section 1705.1.1, Item 3.
[A] 110.3.8 Fire- and smoke-resistant penetrations. Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved.
[A] 110.3.9 Energy efficiency inspections. Inspections shall be made to determine compliance with Chapter 13 and shall include, but not be limited to, inspection for:
envelope insulation R- and U-values, fenestration U-value, duct system R-value, and HVAC and water-heating equipment efficiency.
[A] 110.3.10 Other Inspections. In addition to the inspections specified in Sections 110.3.1 through 110.3.9, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the department of building safety. [A] 110.3.11 Special Inspections. For special inspections, see Chapter 17. [A] 110.3.12 Final inspection. The final inspection shall be made after all work required by the building permit is completed.
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[A] 110.3.12.1 Flood hazard documentation. If located in a flood hazard area, documentation of the elevation of the lowest floor or the elevation of dry floodproofing, if applicable, as required in Section 1612.4 shall be submitted to the building official prior to final inspection.
[A] 110.4 Inspection agencies. The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability.
[A] 110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection.

It shall be the duty of the permit holder to provide access to and means for inspection of such work that are required by this code.
[A] 110.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official.

16.04.100 Section 111 - Certificate of Occupancy.

Adopt Section [A] 111 of the 2025 California Building Code to read as follows:
[A] 111.1 Change of Occupancy. A building or structure shall not be used or occupied in whole or in part, and a change of occupancy of a building or structure or portion thereof shall not be made, until the Building Official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of any provision of this code or any ordinance of the City of Cupertino. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the City of Cupertino shall not be valid.

Exception: Certificates of occupancy are not required for work exempt from permits in accordance with Section 105.2.
[A] 111.2 Certificate issued. After the Building Official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the Building Department, the Building Official may issue a certificate of occupancy that contains the following:

1. The building permit number.
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2. The address of the building or structure.

3. The name and address of the owner or the owner’s authorized agent.

4. A description of that portion of the structure for which the certificate is issued.

5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code.

6. The name of the Building Official.

7. The edition of the code under which the permit was issued.

8. The use and occupancy, in accordance with the provision of Chapter 3 of the California Building Code.

9. The type of construction as defined in Chapter 6 of the California Building Code.

10. The design occupant load.

11. Where an automatic sprinkler system is provided, whether the sprinkler system is required.

12. Any special stipulations and conditions of the building permit. [A] 111.3 Temporary occupancy. The Building Official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion of portions shall be occupied safely. The Building Official shall set a time period during which the temporary certificate of occupancy is valid. [A] 111.4 Revocation. The Building Official is authorized to suspend or revoke a certificate of occupancy or completion issued under the provisions of this code, in writing, wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of the provisions of this code or other ordinance of the City of Cupertino.

16.04.110 Section 112 – Service Utilities.

Adopt Section [A] 112 of the 2025 California Building Code to read as follows:
[A] 112.1 Connection of service utilities. A person shall not make connections from a utility, a source of energy, fuel, or power, or a water system or sewer system to any building or system that is regulated by this code for which a permit is required, until approved by the building official.
[A] 112.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility, the source of energy, fuel, or power, or the water system or sewer system for the purpose of testing systems or for use under a temporary approval.
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[A] Authority or disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by the code and the referenced codes and standards in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without the approval required by Sections 112.1 or 112.2. The building official shall notify the serving utility, and wherever possible the owner or the owner’s authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or the owner’s authorized agent or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter.

16.04.120 Section 113 - Means of Appeals.

Adopt Section [A] 113 of the 2025 California Building Code and to read as follows:
[A] 113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and finding in writing to the appellant with a duplicate copy to the Building Official. In the event where no such board of appeals has been established, the City Council shall serve as said appeals board.
[A] 113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent or better form of construction is proposed. The board shall not have authority to waive requirements of this code.
[A] 113.3 Qualifications for Board of Appeals. The Board shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the City of Cupertino.
[A] 113.4 Administration. The building official shall take action without delay in accordance with the decision of the board.

16.04.130 Section 114 - Violations.

Adopt Section [A] 114 of the 2025 California Building Code to read as follows:
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[A] 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupancy any building, structure or equipment regulated by the codes identified in this title, or cause same to be done, in conflict with or in violation of any of the provisions of this code. [A] 114.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of any provisions of any code identified in this title, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. [A] 114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the City of Cupertino to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
[A] 114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law.

16.04.140 Section 115 - Stop Work Order.

Adopt Section [A] 115 of the 2025 California Building Code to read as follows:
[A] 115.1 Authority. Whenever the Building Official finds any work regulated by this code being performed in a manner either contrary to the provisions of any code identified in this title or dangerous or unsafe, the Building Official is authorized to issue a stop work order. [A] 115.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner’s agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.
[A] 115.3 Emergencies. Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the work. 441
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[A] 115.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to fines established by the authority having jurisdiction.

16.04.160 Section 116 – Unsafe Structures and Equipment.

Adopt Section [A] 116 of the 2025 California Building Code to read as follows:
[A] 116.1 Unsafe conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe.
[A] 116.2 Record. The building official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
[A] 116.3 Notice. If an unsafe condition is found, the building official shall serve on the owner of the structure, or the owner’s authorized agent, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the building official acceptance or rejection of the terms of the order. [A] 116.4 Method of service. Such notice shall be deemed properly served where a copy thereof is served in accordance with one of the following methods:

1. A copy is delivered to the owner personally.

2. A copy is sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested.

3. A copy is delivered in any other manner as prescribed by local law.

If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner on the owner’s authorized agent shall constitute service of notice on the owner.
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[A] 116.5 Restoration or abatement. Where the structure or equipment determined to be unsafe by the building official is restored to a safe condition, the owner, the owner’s authorized agent, operator or occupant of a structure, premises or equipment deemed unsafe by the building official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action.

To the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions and change of occupancy shall comply with the requirements of the California Existing Building Code.

16.04.220 Chapter 5 – General Building Heights and Areas.

Amend and Adopt Section 501.2 of the 2025 California Building Code and amend to read as follows:
502.1 Address Identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be a minimum of 4 inches high with a minimum stroke width of ½ inch. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other approved sign or means shall be used to identify the structure. Address identification shall be maintained.

No Certificate of Occupancy or final building approval for new construction or alterations shall be granted until the building or residence has a street address number posted.

Subdivisions and Planned Developments shall submit a numbering schedule for approval by the Building Department and the Fire Department. All commercial buildings having a single address assigned with multi-suite arrangements shall have the suite-numbering system approved or assigned by the Building Department with an approved copy to the Fire Department for emergency use.

16.04.260 Chapter 9 – Fire Protection and Life Safety Systems.

Amend Section 903.2 of the 2025 California Building Code to read as follows:
903.2 Where required. Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 443
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903.2.1 through 903.2.18 whichever is the more restrictive and Sections 903.2.14 through 903.2.21.

For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations.

1. An approved automatic sprinkler system shall be provided throughout all new buildings and structures, other than Group R occupancies, except as follows:

Exceptions:
a. Buildings and structures not located in any Wildland-Urban Interface and not exceeding 1,200 square feet of fire area.
b. Buildings and structures located in any Wildland-Urban Interface Fire Area and not exceeding 500 square feet of fire area.
c. Group S-2 or U occupancies, including photovoltaic support structures, used exclusively for vehicle parking which meet all of the following conditions:
i. Noncombustible construction.
ii. Maximum 5,000 square feet in building area.
iii. Structure is open on not less than three (3) sides or not less than 75% of structure perimeter.
iv. Minimum of 10 feet separation from existing buildings, or similar structures, unless area is separated by fire walls complying with CBC 706. d. Canopies, constructed in accordance with CBC 406.7.2, used exclusively for weather protection of vehicle fueling pads per CBC 406.7.1 and not exceeding 5,000 square feet of fire area.
e. Temporary Construction Trailers less than 2,500 square feet permitted for a period of not more than one year.

2. An automatic sprinkler system shall be installed throughout all new buildings with a Group R fire area.

Exception: Detached Accessory Dwelling Unit, provided that all of the following are met:
a. The unit meets the definition of an Accessory Dwelling Unit as defined in the Government Code Section 65852.2.
b. The existing primary residence does not have automatic fire sprinklers. c. The accessory detached dwelling unit does not exceed 1,200 square feet in size. d. The unit is on the same lot as the primary residence. e. The unit meets all apparatus access and water supply requirements of Chapter 5 and Appendix B of the 2025 California Fire Code.
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3. An approved automatic fire sprinkler system shall be installed in new manufactured homes (as defined in California Health and Safety Code Sections 18007 and 18009) and multifamily manufactured homes with two dwelling units (as defined in California Health and Safety Code Section 18008.7) in accordance with Title 25 of the California Code of Regulations.

4. An automatic sprinkler system shall be installed throughout existing buildings with a Group R fire area when additions are made causing the fire area to exceed 3,600 square feet.

Exception: Additions where all of the following are met:
a. Building addition does not exceed 500 square feet.
b. The resultant structure meets all water supply requirements of Chapter 5 and Appendix B of the 2025 California Fire Code.

5. An automatic sprinkler system shall be provided throughout existing Group A, B, E, F, L, M, S and U buildings and structures, when additions are made that increase the fire area to more than 3,600 square feet or that create conditions described in Sections 903.2.1 through 903.2.18.

6. Any change in the character of occupancy or in use of any building with a building area equal to or greater than 3,600 square feet which, in the opinion of the fire code official or Building Official, would place the building into a more hazardous division of the same occupancy group or into a different group of occupancies and constitutes a greater degree of life safety1 or increased fire risk2, shall require the installation of an approved automatic fire sprinkler system.
1 Life Safety – Shall include, but not limited to: Increased occupant load, public assembly areas, public meeting areas, churches, indoor amusement attractions, buildings with complex exiting systems due to increased occupant loads, large schools/day-care facilities, large residential care facilities with non-ambulatory; 2 Fire Risks – Shall include, but not limited to: High-piled combustible storage, woodworking operations, hazardous operations using hazardous materials, increased fuel loads (storage of moderate to highly combustible materials), increased sources of ignition (welding, automotive repair with the use of flammable liquids and open flames).

Add Section 903.2.11.7 to the 2025 California Building Code to read as follows:
903.2.11.7 Chemical Fume Hood Fire Protection. Approved automatic fire extinguishing systems shall be provided in chemical fume hoods in the following cases:
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1. Existing hoods having interiors with a flame spread index greater than 25 in which flammable liquids are handled.

2. If a hazard assessment determines that an automatic extinguishing system is required for the chemical fume hood, then the applicable automatic fire protection system standard shall be followed.

Amend Section 907.8 of the 2025 California Building Code to read as follows:
907.8 Inspection, testing and maintenance. The maintenance and testing schedules and procedures for fire alarm and fire detection systems shall be in accordance with Sections 907.8.1 through 907.8.4 of the 2025 California Fire Code and NFPA 72. Records of inspection, testing and maintenance shall be documented using NFPA 72 record of inspection and testing forms.

16.04.300 Chapter 15 - Roof Assemblies and Rooftop Structures.

Amend Section 1505.1.1 of the 2025 California Building Code to read as follows:
1505.1.1 Roofing requirements within Fire hazard Severity Zones or in the WildlandUrban Interface (WUI). Roofing requirements for structures located within Fire Hazard Severity Zones or in the Wildland-Urban Interface (WUI) shall also comply with Sections 504.2 and 507.1 of the 2025 California Wildland-Urban Interface Code.

Amend Section 1505.1.2 of the 2025 California Building Code to read as follows:
1505.1.2 Roof coverings within all other areas other than Fire Hazard Severity Zones or a Wildland-Urban Interface (WUI). The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering o every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fireretardant roof covering that is at least Class A fire classification.

16.04.320 Chapter 17 – Special Inspection and Tests.

Amend Section 1705.3 Exception #1 of the 2025 California Building Code to read as follows:
1705.3 Concrete Construction. The special inspections and verifications for concrete construction shall be as required by this section and Table 1705.3. 446
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Exceptions: Special inspections and tests shall not be required for:

1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f’c, no greater than 2,500 pound per square inch (psi) (17.2 Mpa).

16.04.340 Chapter 19 – Concrete.

Delete Section 1905.6 of the 2025 California Building Code and ACI 318 Section 14.1.4 and replace with the following:
1905.6 ACI 318, Section 14.1.4.

14.1.4 - Plain concrete in structures assigned to Seismic Design Category C, D, E or F.

14.1.4.1- Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:
(a) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.

Exception:

In detached one and two-family dwelling three stories or less in height, the projection of the footing beyond the face of the supported member is permitted to exceed the footing thickness.
(b) Plain concrete footing supporting walls are permitted, provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross crosssectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.

Exception:

In detached one and two-family dwellings three stores or less in height and constructed with stud bearing walls, plain concrete footings with at least two continuous longitudinal reinforcing bars not smaller than No. 4 are permitted to have a total area of less than 0.002 times the gross cross–sectional area of the footing.

16.04.360 Chapter 23 – Wood.
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Amend Table 2308.10.3(1) of the 2025 California Building Code, to add a new footnote "b" to the end of California Building Code Table 2308.10.3(1) to read as follows:
b. In Seismic Design Categories D, E, and F, Methods GB, SFB, HPS and PBS is not permitted and the use of Method PCP is limited to one-story buildings and structures.

Add Section 2308.10.3.1 to the 2025 California Building Code to read as follows:
2308.10.3.1 Limits on methods GB, SFB, HPS, PBS and PCP. In Seismic Design Categories D, E, and F, Methods GB, SFB, HPS, and PBS are not permitted for use as intermittent braced wall panels, but gypsum board is permitted to be installed when required by this Section to be placed on the opposite side of the studs from other types of braced wall panel sheathing.

In Seismic Design Categories D, E, and F the use of Method PCP is limited to one-story building and structures.

CHAPTER 16.06 RESIDENTIAL CODE
Section

16.06.010 Adoption of the 2025 California Residential Code based on the 2024 International Residential Code.

16.06.015 Adoption of Appendix Chapters.

16.06.020 Section R319 – Emergency Escape and Rescue Openings.

16.06.040 Section R309 – Automatic Fire Sprinkler Systems.

16.06.050 Section R330 – Energy Storage Systems

16.06.060 Chapter 4 – Foundations.

16.06.080 Chapter 6 – Wall Construction.

16.06.100 Chapter 9 – Roof Assemblies.

16.06.120 Chapter 10 – Chimneys and Fireplaces – Spark Arrestors.

16.06.140 Appendix CI – Swimming Pool Safety Act

16.06.010 Adoption of the 2025 California Residential Code based on the 2024 International Residential Code.

A. Except as otherwise provide in this chapter, the provisions of the 2025 California Residential Code and specified Appendices and each and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this 448
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chapter, except such portions as are hereinafter deleted, modified or amended by this ordinance, and is by such adopted by reference.

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

16.06.015 Adoption of Appendix Chapters.

The following Appendix Chapters from the 2025 California Residential Code are hereby adopted:

Appendix BG: Sound Transmission.

Appendix CI: Swimming Pool Safety Act.

16.06.020 Section R319 – Emergency Escape and Rescue Openings.

Amend Section R319.1 of the 2025 California Residential Code to delete Exception #2.

16.06.040 Section R309 - Automatic Fire Sprinkler Systems.

Amend Section R309.1 of the 2025 California Residential Code to read as follows:

R309.1 Townhouse automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in all new townhouses and in existing townhouses when additions are made that increase the building area to more than 3,600 square feet.

Exception: One or more additions made to a building after January 1, 2011 that does not total more than 1,000 square feet of building area.

Amend Section R309.2 of the 2025 California Residential Code to read as follows:

R309.2 One- and two-family dwellings automatic sprinkler systems. An automatic sprinkler system shall be installed in all new one- and two-family dwellings, rebuild of existing one- and two-family dwellings as defined by the Building Official, and existing one- and two-family dwellings when additions are made that increase the fire area to more than 3,600 square feet.

Exceptions:

1. Detached Accessory Dwelling Unit, provided that all of the following are met:
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1.1.The unit meets the definition of an Accessory Dwelling Unit as defined in the Government Code Section 65852.2.

1.2.The existing primary residence does not have automatic fire sprinklers.

1.3.The accessory detached dwelling unit does not exceed 1,200 square feet in size.

1.4.The unit is on the same lot as the primary residence.

1.5.The unit meets all apparatus access and water supply requirements of Chapter 5 and Appendix B of the 2025 California Fire Code.

2. When additions are made to existing structures, causing the fire area to exceed 3,600 square feet, and all of the following are met:

2.1.Building addition does not exceed 500 square feet.

2.2.The resultant structure meets all water supply requirements of Chapter 5 and Appendix B of the 2025 California Fire Code.

16.06.050 Section R330 – Energy Storage Systems.

Amend Section R330.3.1 of the 2025 California Residential Code to read as follows:

R330.3.1 Spacing. Individual ESS units shall be separated from each other by not less than 3 feet except where separation distances are documented to be adequate based on largescale fire testing complying with Section 1207.1.7 of the 2025 California Fire Code.

Amend Section R330.7 of the 2025 California Residential Code to read as follows:

R330.7 Fire detection. Rooms and areas within dwelling units, basements and attached garages in which ESS are installed shall be protected by smoke alarms in accordance with Section R310. A heat detector, listed and interconnected to the smoke alarms, shall be installed in locations within dwelling units and attached garages where smoke alarms cannot be installed based on their listing.
[SFM] ESS installed in Group R-3 and townhomes shall comply with the following:

1. Rooms and areas within dwellings units, sleeping units, basements and attached garages in which ESS are installed shall be protected by smoke alarms in accordance with Section R310.

2. A listed heat alarm interconnected to the smoke alarms shall be installed in locations within dwelling units, sleeping units and attached garages where smoke alarms cannot be installed based on their listing.

Exceptions:
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1. A listed heat detector may be used in place of a heat alarm, so long as it is interconnected with devices that provide an audible alarm at all sleeping areas.

2. A fire sprinkler associated with an approved automatic sprinkler system that triggers an audible alarm upon activation of the waterflow switch, may be used in place of a heat alarm.

16.06.060 Chapter 4 – Foundations.

Amend Section R403.1 of the 2025 California Residential Code to read as follows:

R403.1 General. All exterior walls shall be supported on continuous solid or fully grouted masonry or concrete footings, or other approved structural systems which shall be of sufficient design to accommodate all loads according to Section R301 and to transmit the resulting loads to the soil within the limitations as determined from the character of the soil.

Footings shall be supported on undisturbed natural soils or engineered fill. Concrete footings shall be designed and constructed in accordance with the provisions of Section R403 or in accordance with ACI 332.

Amend Section R403.1.1 of the 2025 California Residential Code to read as follows:

R403.1.1 Minimum size. Minimum sizes for concrete and masonry footings shall be as set forth in Tables R403.1(1) through Table R403.1(3) and Figure R403.1.3, as applicable, but not less than 12 inches in width and 6 inches in depth. The footing width, W, shall be based on the load-bearing value of the soil in accordance with Table R401.4.1(1). Footing projections, P, shall be not less than 2 inches and shall not exceed the thickness of the footing. Footing thickness and projection for fireplaces shall be in accordance with Section R10001.2. The size of footings supporting piers and columns shall be based on the tributary load and allowable soil pressure in accordance with Table R401.4.1(1).

Delete Figure R403.1(2) and Figure R403.1(3).

Delete Section R403.2 in its entirety.

16.06.080 Chapter 6 – Wall Construction.

Amend Section R602.10.4 of the 2025 California Residential Code, to add a new footnote "f" to the end of CRC Table R602.10.4 to read as follows:
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f. In Seismic Design Categories D0, D1, and D2, Methods GB, SFB, HPS, PBS, and CSSFB are not permitted and the use of Method PCP is limited to one-story single family dwellings and accessory structures.

Add a new subsection R602.10.4.5 to the 2025 California Residential Code, to read as follows:

R602.10.4.5 Limits on methods GB, SFB, HPS, PBS, CS-SFB and PCP. In Seismic Design Categories D0, D1, and D2, Methods GB, SFB, HPS, PBS, and CS-SFB are not permitted for use as intermittent braced wall panels, but gypsum board is permitted to be installed when required by this Section to be placed on the opposite side of the studs from other types of braced wall panel sheathing. In Seismic Design Categories D0, D1, and D2, the use of Method PCP is limited to one-story single family dwellings and accessory structures.

16.06.100 Chapter 9 – Roof Assemblies.

Adopt and Amend Section R902.1 of the 2025 California Residential Code to read as follows:

R902.1.2 Roof coverings in all other areas other than Fire Hazard Severity Zones or a Wildland-Urban Interface (WUI) area. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is Class A fire classification.

16.06.120 Chapter 10 – Chimneys and Fireplaces - Spark Arrestors.

In new construction or when alterations, repairs or additions requiring a permit and having a valuation in excess of one thousand dollars occur, all new and existing fireplace chimneys shall terminate in a substantially constructed spark arrestor complying with the requirements of the 2025 California Residential Code Section R1003.9.2.

16.06.140 Appendix CI – Swimming Pool Safety Act
Amend and Adopt Appendix CI100 115922 (a) of the 2025 California Residential Code to read as follows:
115922. (a) Except as provided in Section 115925, subject to subdivision (b), and consistent with Section 1596.814, when a building permit is issued for the construction 452
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of a new swimming or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with two of the following seven drowning prevention safety features:

1. An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home.

2. Removable mesh fencing that meets American Society for Testing and Materials (ASTM) Specifications F2286 standards in conjunction with a gate that is selfclosing and self-latching and can accommodate a key lockable device.

3. A manually operated or power-operated safety pool cover that is accompanied by a label verifying that the cover meets the specifications of the ASTM International F1346-23 standard.

4. Exit alarms on the private single-family home’s doors and windows that provide direct access to the swimming pool or spa without any intervening enclosure.

Whenever any door or window is opened or left ajar, exit alarms shall make either an audible, continuous alarm sound or a repeating verbal warning, such as a repeating notification that “the door to the pool is open.” An exit alarm may be battery operated or connected to the electrical wiring of the building.

5. A self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor on the private single-family home’s doors providing direct access to the swimming pool or spa.

6. An alarm in good repair and operable as designed that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM Standard F2208 “Standard Safety Specification for Residential Pool Alarms,” which includes surface motion, pressure, sonar laser and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.

7. Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the feature set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or the American Society of Mechanical Engineers (ASME).
(b) The requirements of subdivision (a) are not satisfied by any of the following:

1. An exit alarm and a self-closing, self-latching device on the same door.

2. An exit alarm and a door latch on separate doors.

3. A safety pool cover and an alarm described in paragraph (6) of subdivision (a). 453
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(c) Before the issuance of a final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention features required by this section and, if no violations are found, shall give final approval.
[Title 16 – Chapter 16.08 – No Change]
CHAPTER 16.10: WILDLAND-URBAN INTERFACE CODE
Section

16.10.010 Adoption of the 2025 California Wildland-Urban Interface Code based on the 2024 International Wildland-Urban Interface Code.

16.10.015 Adoption of Appendix Chapters.

16.10.020 Section 101.3.1 - Application

16.10.010 Adoption of the 2025 California Wildland-Uban Interface Code based on the 2024 International Wildland-Urban Interface Code.

A. Except as otherwise provided in this chapter, the provisions of the 2025 California Wildland-Urban Interface Code and each and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, except such portions as are hereinafter deleted, modified or amended by this ordinance, and is by such adopted by reference.

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

16.10.015 Adoption of Appendix Chapters.

No Appendix Chapters from the 2025 California Wildland-Urban Interface Code have been adopted.

16.10.020 Chapter 1 – Administration
Amend Section 101.3.1 of the 2025 California Wildland-Urban Interface Code to read as follows:
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101.3.1 Application. New Buildings located in any Fire Hazard Severity Zone or WildlandUrban Interface (WUI) Fire Area designated by the enforcing agency constructed after the application date shall comply with the provisions of this code. This shall include all new buildings with residential, commercial, educational, institutional or similar occupancy type use, which shall be referred to in this code as “applicable buildings,” as well as new buildings and structures accessory to those applicable buildings.

Exceptions:

1. Group U occupancy accessory buildings of any size located at least 50 feet from an applicable building on the same lot.

2. Group U occupancy agricultural buildings, as defined in Section 202 of the California Building Code of any size located at least 50 feet from an applicable building.

3. Group C occupancy special buildings conforming to the limitations specified in Section 450.4.1 of the California Building Code.

4. New accessory buildings and miscellaneous structures specified in Section 504.11 shall comply only with the requirements of that section.

5. Additions to and remodels of building originally constructed prior to July 1, 2008.

6. Land or water area acquired or managed for one or more of the following purposes or uses:

1. Habitat for endangered or threatened species, or any species that is a candidate for listing as an endangered or threatened species by the state or federal government.

2. Lands kept in a predominantly natural state as habitat for wildlife, plant, or animal communities.

3. Open space lands that are environmentally sensitive parklands.

4. Other lands having scenic values, as declared by the local agency, or by state or federal law.
[Title 16 – Chapter 16.12 – No Change]
CHAPTER 16.16: ELECTRICAL CODE
Section
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16.16.010 Adoption of the 2025 California Electrical Code based on the 2023 National Electrical Code.

16.16.015 Adoption of Appendix Chapters.

16.16.020 Article 100 – Definitions.

16.16.030 Electrical Work.

16.16.040 Electrical Fee Schedule.

16.16.050 Interpretation.

16.16.060 Electrical Maintenance Program.

16.16.010 Adoption of the 2025 California Electrical Code based on the 2023 National Electrical Code.

A. Except as otherwise provided in this chapter, the provisions of the 2025 California Electrical Code and each and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, except such portions as are hereinafter deleted, modified or amended by this ordinance, and is by such adopted by reference.

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

16.16.015 Adoption of Appendix Chapters.

No Appendix Chapters from the 2025 California Electrical Code have been adopted.

16.16.020 Article 100 – Definitions.

Amend Article 100 of the 2025 California Electrical Code with the following definitions added:

Electrical Contractors. For the purpose of this article, an Electrical Contractor shall be a person holding a valid electrical contractor's license issued by the State of California.

Journeyman Electrician. A journeyman electrician is an electrician qualified by training and experience to do electrical work in conjunction with new construction and/or rework of existing systems.

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or overhaul of constituent parts or materials to keep or restore a facility to a condition substantially equivalent to its original or design capacity or efficiency.

16.16.030 Electrical Work.

Electrical work shall be done only by:
a. Electrical contractors who are in compliance with the state licensing laws and whose employees are under the direct supervision of a qualified journeyman electrician; b. A general building contractor if scope of work involves at least two unrelated trades or crafts other than framing or carpentry, or if the general building contractor holds the appropriate license classification;
c. Maintenance electrician.

16.16.040 Electrical Fee Schedule.

Electrical fees shall be paid to the city as set forth in the latest resolution adopted by the city.

16.16.050 Interpretation.

A. The language used in this code, and the California Electrical Code, which is made a part of this code by reference, is intended to convey the common and accepted meaning familiar to the electrical industry.

B. The Building Official or his assistants is authorized to determine the intent and meaning of any provisions of this code. Such determination shall be made in writing and a record kept, which record shall be open to the public.

16.16.060 Electrical Maintenance Program.

Any person regularly employing one or more full-time qualified electricians for the purpose of installation, alteration, maintenance or repair on any property which such person owns or occupies, may designate a qualified electrician as a maintenance electrician. Upon being approved by the Chief Building Official, the maintenance electrician shall make monthly or quarterly reports to the city covering all installations, additions, or alterations. All such work shall be installed and done in accordance with the provisions of the Electrical Code, and shall be subject to the payment of fees, and to inspection by the electrical inspector to the same extent as similar work performed by other persons and for which such inspection is provided.
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CHAPTER 16.20: PLUMBING CODE
Section

16.20.010 Adoption of the 2025 California Plumbing Code based on the 2024 Uniform Plumbing Code.

16.20.015 Adoption of Appendix Chapters.

16.20.020 Name Insertion.

16.20.010 Adoption of the 2025 California Plumbing Code based on the 2024 Uniform Plumbing Code.

A. Except as otherwise provided in this chapter, the provisions of the 2025 California Plumbing Code and each and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, except such portions as are hereinafter deleted, modified or amended by this ordinance, and is by such adopted by reference.

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

16.20.015 Adoption of Appendix Chapters.

No Appendix Chapters from the 2025 California Plumbing Code have been adopted:

16.20.020 Name Insertion.

The names “Cupertino” and/or “California” shall be inserted in the appropriate places provided therefor in each and every section of such California Plumbing Code wherein either the name of the city or state is left blank.

CHAPTER 16.24: MECHANICAL CODE
Section

16.24.010 Adoption of the 2025 California Mechanical Code based on the 2024 Uniform Mechanical Code.
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16.24.015 Adoption of Appendix Chapters.

16.24.020 Name Insertion.

16.24.010 Adoption of the 2025 California Mechanical Code based on the 2024 Uniform Mechanical Code.

A. Except as otherwise provided in this chapter, the provisions of the 2025 California Mechanical Code and each and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, except such portions as are hereinafter deleted, modified or amended by this ordinance, and is by such adopted by reference.

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

16.24.015 Adoption of Appendix Chapters.

No Appendix Chapters from the 2 2025 California Mechanical Code have been adopted.

16.24.020 Name Insertion.

The names “Cupertino” and/or “California” shall be inserted in the appropriate places provided therefor in each and every section of such California Mechanical Code wherein either the name of the city or state is left blank.
[Title 16 – Chapter 16.28 – No Change]
[Title 16 – Chapter 16.32 – No Change]
[Title 16 – Chapter 16.36 – No Change]
CHAPTER 16.40: FIRE CODE
Section

16.40.010 Adoption of the 2025 California Fire Code and 2024 International Fire Code.
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16.40.015 Adoption of Appendix Chapters.

16.40.020 Chapter 1 – Administration.

16.40.040 Chapter 2 – Definitions.

16.40.080 Chapter 5 – Fire Service Features.

16.40.100 Chapter 7 – Fire and Smoke Protection Features.

16.40.120 Chapter 9 – Fire Protection and Life Safety Systems.

16.40.140 Chapter 12 – Energy Systems.

16.40.160 Chapter 33 – Fire Safety During Construction and Demolition.

16.40.180 Chapter 41 – Temporary Heating and Cooking Operations.

16.40.200 Chapter 50 – Hazardous Materials – General Provisions.

16.40.220 Chapter 54 – Corrosive Materials.

16.40.240 Chapter 56 – General – Explosives and Fireworks.

16.40.260 Chapter 57 – Flammable and Combustible Liquids.

16.40.280 Chapter 58 – Flammable Gases and Flammable Cryogenic Fluids.

16.40.300 Chapter 60 – Highly Toxic and Toxic Materials.

16.40.320 Chapter 61 – Liquefied Petroleum Gases.

16.40.340 Chapter 64 – Pyrophoric Materials.

16.40.360 Appendix B – Fire-Flow Requirements for Buildings

16.40.380 Appendix C – Fire Hydrant Locations and Distribution

16.40.400 Appendix D – Fire Apparatus Access Roads

16.40.010 Adoption of the 2025 California Fire Code and 2024 International Fire Code.

A. Except as otherwise provided in this chapter, the provisions of the 2025 California Fire Code and also the 2024 International Fire Code, and specified Appendices and each and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, except such portions as are hereinafter deleted, modified, added or amended by this ordinance, and is by such adopted by reference.

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

16.40.015 Adoption of Appendix Chapters.

The following Appendix Chapters from the 2025 California Fire Code are hereby adopted.

Appendix B: Fire-Flow Requirement for Buildings.

Appendix C: Fire Hydrant Locations and Distribution.
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Appendix D: Fire Apparatus Access Roads
Appendix P: Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses.

16.40.020 Chapter 1 - Administration.

Add Section 101.3.1 to the 2025 California Fire Code to read as follows:
101.3.1 Administration. The City Manager, through the powers vested by the City Council, shall have the authority to delegate any and all responsibility for the maintenance and enforcement of the provisions of this Code to whichever legal entity he feels best serves the interests of the City.

Wherever the words “Chief,” “Fire Marshal, “fire code official,” “Fire Department,” “Fire Prevention Bureau,” “Fire Chief,” and other such similar words are used, they shall mean and refer to such legal entity designated by the City Manager of Cupertino under the authority of the City Council of Cupertino.

Wherever the words “municipality,” “jurisdiction,” or “city” are used, they shall mean the City of Cupertino.

Wherever the words “Executive Body” are used, they shall mean the City Council of Cupertino.

Wherever the words “Administrator” or “Executive” are used, they shall mean the City Manager of Cupertino.

Wherever the words “District Attorney” or “Corporation Counsel” are used, they shall mean the City Attorney of Cupertino.

Wherever the words “Board of Appeal” are used, they shall mean the City Council of Cupertino or the body appointed by the Council to pass on matters pertaining to fire safety.

Amend Table 105.5.9 of the 2025 California Fire Code to read as follows:

TABLE 105.5.9

PERMIT AMOUNTS FOR COMPRESSED GASES

TYPE OF GAS AMOUNT
(cubic feet at NTP)
Carbon dioxide used in carbon dioxide
enrichment systems
875 (100lb)
Carbon dioxide used in insulated liquid 875 (100 lb)
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carbon dioxide beverage dispensing
applications
Corrosive 200
Flammable (except cryogenic fluids and
liquefied petroleum gases)
200
Highly toxic Any Amount
Moderately toxic Any Amount
Other Health Hazard Materials Any Amount
Inert and simple asphyxiant 6,000
Oxidizing (including oxygen) 504
Pyrophoric Any Amount
Toxic Any Amount
Amend Table 105.5.22 of the 2025 California Fire Code to read as follows:

TABLE 105.5.22

PERMIT AMOUNTS FOR HAZARDOUS MATERIALS

TYPE OF MATERIAL AMOUNT
Combustible liquids See Section 105.5.18
Corrosive materials
Gases See Section 105.5.9
Liquids 55 gallons
Solids 500 pounds
Explosive materials See Section 105.5.16
Flammable materials
Gases See Section 105.5.9
Liquids See Section 105.5.18
Solids 100 pounds
Highly toxic materials
Gases See Section 105.5.9
Liquids Any Amount
Solids Any Amount
Moderately toxic materials
Gases See Section 105.5.9
Other health hazard materials
Gases See Section 105.5.9
Liquids 55 gallons
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Solids 500 pounds
Oxidizing materials
Gases See Section 105.5.9
Liquids
Class 4 Any Amount
Class 3 1 gallona
Class 2 10 gallons
Class 1 55 gallons
Solids
Class 4 Any Amount
Class 3 10 poundsb
Class 2 100 pounds
Class 1 500 pounds
Organic peroxides
Liquids
Class I Any Amount
Class II Any Amount
Class III 1 gallon
Class IV 2 gallons
Class V No Permit Required
Solids
Class I Any Amount
Class II Any Amount
Class III 10 pounds
Class IV 20 pounds
Class V No Permit Required
Pyrophoric materials
Gases Any Amount
Liquids Any Amount
Solids Any Amount
Toxic materials
Gases See Section 105.5.9
Liquids 10 gallons
Solids 100 pounds
Unstable (reactive) materials
Liquids
Class 4 Any Amount
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Class 3 Any Amount
Class 2 5 gallons
Class 1 10 gallons
Solids
Class 4 Any Amount
Class 3 Any Amount
Class 2 50 pounds
Class 1 100 pounds
Water-reactive materials
Liquids
Class 3 Any Amount
Class 2 5 gallons
Class 1 55 gallons
Solids
Class 3 Any Amount
Class 2 50 pounds
Class 1 500 pounds
For SI: 1 gallon = 3.785 L, 1 pound = 0.454 kg.
a. 22 gallons when Table 5003.1.1(1) Note k applies and hazard identification signs in accordance with Section 5003.5 are provided for quantities of 22 gallons or less. b. 220 pounds when Table 5003.1.1(1) Note k applies and hazard identification signs in accordance with Section 5003.5 are provided for quantities of 220 pounds or less.

Add Section 105.5.60 to the 2025 California Fire Code to read as follows:
105.5.60 Institutions. An operational permit is required to operate any health facility as defined in Section 1250 of the California Health and Safety Code, with an occupant load of more than six (6) persons, or to operate any jail or facility where personal liberties of the occupants are restrained. See California Code of Regulations Title 24 Part 2.

Add Section 105.5.61 to the 2025 California Fire Code to read as follows:
105.5.61 Residential care facility. An operational permit is required to operate any residential care or service facility, as described in the California Building Code, accommodating more than six (6) persons.
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Amend Section 105.6.4 of the California Fire Code to read as follows:
105.6.4 Cryogenic fluids. A construction permit is required for installation of or alteration to cryogenic fluid storage systems where the system capacity exceeds the amounts listed in Table 105.5.11. Maintenance performed in accordance with this code is not considered to be an alteration and does not require a construction permit.

Add Section 108.2.1 of the 2025 California Fire Code to read as follows:
108.2.1 Construction permit fees. Construction permit fees and plan review fees for fire hydrant systems, fire extinguishing systems and fire alarm systems shall be paid to the Santa Clara County Fire Department in accordance with the following table based on valuation.

The valuation shall be limited to the value of the system for which the permit is being issued.

Plan review fees are 65% of the Permit Fee amount. For the purposes of determining the total fee amount for each permit, the plan review fee shall be added to the Permit Fee.

TOTAL VALUATIONS PERMIT FEE
$1.00 TO $500.00 $23.50
$501.00 TO $2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2001.00 TO $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00
$25,001.00 TO $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, to and
including $50,000.00
$50,001.00 TO $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, to and
including $100,000.00
$100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, or fraction thereof, to and
including $500,000.00
$500,001 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, to and
including $1,000,000.00
$1,000,001 and up $5,608.75 for the first $1,000,000.00 plus $3.15 for each additional $1,000.00, or fraction thereof
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Additional re-inspections, in connection with the permits above, are to be paid at $120.00 for each occurrence at the discretion of the fire code official.

Cancelled inspections without advance notice are to be paid at $120.00 for each occurrence.

Add Section 108.2.2 the 2025 California Fire Code to read as follows:
108.2.2 Operational permit fees. Operational permit fees shall be paid to the Santa Clara County Fire Department as follows:

FACILITY TYPE PERMIT FEE

1. Institutional
A. More than 6 persons $75.00 - Annually
B. Over 50 persons $100.00 - Annually

2. Day Care Facilities
More than 6 clients $35.00 - Annually

3. Places of Assembly
A. 50-300 persons $50.00 - Annually
B. Over 300 persons $85.00 - Annually

4. Temporary Membrane Structures, Tents and Canopies
(Only those requiring permits in accordance with Section 105.6. 47).
$85.00 – Each
occurrence
Add Section 109.5 to the 2025 California Fire Code to read as follows:
109.5 Final Inspection. No final inspection as to all or any portion of a development shall be deemed completed until the installation of the required fire protection facilities and access ways have been completed and approved. No final certificate of occupancy may be granted until the Fire Department issues notice of final clearance of such fire protection facilities and access ways to the Building Department.

16.40.040 Chapter 2 - Definitions.

Add the following definitions:

CORROSIVE LIQUID. Corrosive liquid is:
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1. any liquid which, when in contact with living tissue, will cause destruction or irreversible alteration of such tissue by chemical action; or

2. any liquid having a pH of 2 or less or 12.5 or more; or

3. any liquid classified as corrosive by the U.S. Department of Transportation; or

4. any material exhibiting the characteristics of corrosivity in accordance with Title 22, California Code of Regulations §66261.22.

HEALTH HAZARD - OTHER. is a hazardous material which affects target organs of the body, including but not limited to, those materials which produce liver damage, kidney damage, damage to the nervous system, act on the blood to decrease hemoglobin function, deprive the body tissue of oxygen or affect reproductive capabilities, including mutations (chromosomal damage) sensitizers or teratogens (effect on fetuses).

LARGE-SCALE FIRE TESTING. Testing a representative energy storage system that induces a significant fire into the device under test and evaluates whether the fire will spread to adjacent energy storage system units, surrounding equipment, or through an adjacent fire-resistance-rated barrier.

MODERATELY TOXIC GAS. A chemical or substance that has a median lethal concentration (LC50) in air more than 2000 parts per million but not more than 7500 parts per million by volume of gas or vapor, when administered by continuous inhalation for an hour, or less if death occurs within one hour, to albino rats weighing between 200 and 300 grams each.

SPILL CONTROL. That level of containment that is external to and separate from the primary containment and is capable of safely and securely containing the contents of the largest container and prevents the materials from spreading to other parts of the room.

Amend the following definitions:

SECONDARY CONTAINMENT. Secondary containment is that level of containment that is external to and separate from primary containment and is capable of safely and securely containing the material, without discharge, for a period of time reasonably necessary to ensure detection and remedy of the primary containment failure.

WORKSTATION. A defined space or an independent principal piece of equipment using flammable or unstable (Class 3 or 4 as ranked by NFPA 704 hazardous materials where a specific function, laboratory procedure or research activity occurs. Approved or listed hazardous materials storage cabinets, flammable liquid storage cabinets or gas cabinets serving a workstation are included as part of the workstation. A workstation is allowed to contain ventilation equipment, fire protection devices, detection devices, electrical devices, and other processing and scientific equipment.
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16.40.080 Chapter 5 - Fire Service Features.

Amend Section 503.1 of the 2025 California Fire Code to read as follows:
503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3 and in accordance with the Fire Department access Standards.

Amend Section 503.1.1 of the 2025 California Fire Code to read as follows:
503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements for this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.

Exceptions:

1. In other than R-3 or U occupancies, when the building is equipped throughout with an approved automatic sprinkler system, installed in accordance with Sections 903.3.1.1 or 903.3.1.2, the dimension may be increased to a maximum of 300 feet when approved by the fire code official.

2. When there are not more than two Group R-3 or accessory Group U occupancies, the dimension may be increased to a maximum of 200 feet.

3. When apparatus roads cannot be installed because of topography, waterways, nonnegotiable grades or other similar conditions, an approved alternative means of fire protection shall be provided.

Amend Section 503.2.1 of the 2025 California Fire Code to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm) for engines and 26 feet (7925mm) for aerial fire apparatus, exclusive of shoulders, except for approved gates or barricades in accordance with Sections 503.5.1 and 503.6. The unobstructed vertical clearance shall be a minimum of 13 feet 6 inches (4115 mm) or as determined by the fire code official.

Exception: When there are not more than two residential parcels, having only Group R, Division 3, or Group U occupancy structures, the access road width may be modified by the fire code official.
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Amend Section 503.2.4 of the 2025 California Fire Code as follows:
503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be a minimum of 30 feet inside, and a minimum of 50 feet outside.

Amend Section 503.2.7 of the 2025 California Fire Code as follows:
503.2.7 Grade. The maximum grade of a fire department apparatus access road shall not exceed 15-percent, unless approved by the fire code official.

Amend Section 503.5 of the 2025 California Fire Code as follows:
503.5 Required gates or barricades. The fire code official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads, trails, or other accessways, not including the public streets, alleys, or highways.

The minimum width for commercial applications is 20 feet (6096 mm), and 12 feet (4268 mm) for single-family dwellings. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed, and installed to comply with the requirements of ASTM F2200.

Amend Section 503.6 of the 2025 California Fire Code as follows:
503.6 Security gates. The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200. The minimum width for commercial applications is 20 feet (6096 mm), and 12 feet (4268 mm) for single-family dwellings.

Add Section 504.5 to the 2025 California Fire Code to read as follows:
504.5 Access Control Devices. When access control devices including bars, grates, gates, electric or magnetic locks or similar devices, which would inhibit rapid fire department emergency access to or within the building are installed, such devices shall be approved by the fire code official. All electrically powered access control devices shall be provided with an approved means for deactivation or unlocking from a single location or otherwise 469
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approved by the fire code official. Access control devices must also comply with Chapter

10. Amend Section 505.1 of the 2025 California Fire Code to read as follows:
505.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches (153 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.

The following is a guideline for adequate address number dimensions:
• The number posted up to 49 feet from the public street shall be of one solid color which is contrasting to the background and be at least six (6) inches high with a half (½) inch stroke.
• The number posted from 50 to 100 feet from the public street shall be of one solid color which is contrasting to the background and be at least six (6) inches high with a one (1) inch stroke.
• The number posted over 100 to 199 feet from the public street shall be of one solid color which is contrasting to the background and be at least ten (10) inches high with a one and a half (1½) inch stroke.
• The number posted over 200 to 299 feet from the public street shall be of one solid color which is contrasting to the background and be at least eighteen (18) inches high with a two (2) inch stroke.
• The number posted over 300 to 400 feet from the public street shall be of one solid color which is contrasting to the background and be at least twenty-four (24) inches high with a two and a half (2½) inch stroke.

Amend Section 510.1 of the 2025 California Fire Code to read as follows:
510.1 Emergency responder communications enhancement system in new buildings.

Approved in-building emergency responder communication enhancement system 470
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(ERCES) for emergency responders shall be provided within all buildings meeting any one of the following conditions:

1. There are more than 3 stories above grade plane (as defined by the Building Code Section 202);

2. The total building area is 30,000 square feet or more;

3. The total basement area is 5,000 square feet or more;

4. Where required by the fire code official and radio coverage signal strength levels are not consistent with the minimum levels set forth in Section 510.4.1 Exceptions:

1. Where approved by the fire code official, a wired communication system in accordance with Section 907.2.13.2 shall be permitted to be installed or maintained in lieu of an approved radio coverage system.

2. Where it is determined by the fire code official that the radio coverage system is not needed.

3. In facilities where emergency responder communications coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of that facility, the fire code official shall have the authority to accept an automatically activated emergency responder communications coverage system.

4. Buildings and areas of buildings that have minimum radio coverage signal strength levels of the Silicon Valley Regional Interoperability Authority (SVRIA) P25 Phase 2 700 MHz Digital Trunked Radio System within the building in accordance with Section 510.4.1 without the use of an indoor radio coverage system.

The radio coverage system shall be installed and maintained in accordance with Sections 510.4 through 510.6.4 of this code and with the applicable provisions of NFPA 1225, Standard for Emergency Services Communications.

In-building ERCES within the building shall be based upon the existing coverage levels of the public safety communication systems utilized by the jurisdiction, measured at the exterior of the building. The ERCES, where required, shall be of a type determined by the fire code official and the frequency license holder(s). This section shall not require improvement of the existing public safety communication systems.

Add Section 510.1.1 to the 2025 California Fire Code to read as follows:
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510.1.1 Obstruction by new buildings. No obstruction of the public safety system backhaul shall be allowed without an approved mitigating plan.

Amend Section 510.3.1 of the 2025 California Fire Code to read as follows:
510.3 Permit required. A construction permit, for the installation of, or modification to, inbuilding emergency responder communications enhancement systems and related equipment is required as specified in Section 105.6.5. Maintenance performed in accordance with this code is not considered a modification and does not require a permit.

A frequency change made to an existing system is considered to be new construction and will require a construction permit
Amend Section 510.4 of the 2025 California Fire Code to read as follows:
510.4 Technical requirements. Systems, components and equipment required to provide in-building emergency responder radio coverage communication enhancement shall be listed in accordance with UL2524 and shall comply with the current Emergency Responders Communications Enhancement Systems Standard Details & Specification enforced by the Santa Clara County Fire Department. Systems, components and equipment required to provide the in-building emergency responder communications enhancement system shall comply with Sections 510.4.1 through 510.4.2.8.

Amend Section 510.4.2 of the 2025 California Fire Code to read as follows:
510.4.2 System design. The in-building emergency responder communications enhancement system shall be designed in accordance with Sections 510.4.2.1 through 510.4.2.8 and NFPA 1225l and the current Emergency Responder Communications Enhancement Systems Details and Specification enforced by the Santa Clara County Fire Department.

Amend Section 510.5 of the 2025 California Fire Code to read as follows:
510.5 Installation requirement. The installation of the emergency responder radio coverage system shall be in accordance with NFPA 1225 and the current Emergency Responder Communication Enhancement Systems Standard Details & Specification enforced by the Santa Clara County Fire Department.
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Amend Section 510.5.2 of the 2025 California Fire Code to read as follows:
510.5.2 Approval prior to installation. Communications enhancement systems capable of operating on frequencies licensed to any public safety agency by the FCC or other radio licensing authority shall not be installed without prior coordination and approval of the fire code official and the agency FCC license holder or systems administrator.

Amend Section 510.5.4 of the 2025 California Fire Code to read as follows:
510.5.4 Acceptance test procedure. Where an in-building emergency responder communications enhancement system is required, and upon completion of installation, the building owner shall have the radio system tested to verify that two-way coverage on each floor of the building is not less than 95 percent. Final system acceptance will require ERRCS power level and DAQ testing with agency FCC license holder, systems administrators, or designee.

16.40.100 Chapter 7 – Fire and Smoke Protection Features.

Add Section 703.3 to the 2025 California Fire Code to read as follows:
703.3 Fire-resistant penetrations and joints. In high-rise buildings, in buildings assigned to Risk Category III or IV, or in fire areas containing Group R occupancies with an occupant load greater than 100, and other occupancies as determined necessary special inspections for through-penetrations, membrane penetration firestops, fire resistant joint systems and perimeter fire containment systems that are tested and listed in accordance with CBC Sections 714.4.1.2, 714.5.1.2, 715.3.1 and 715.4 shall be in accordance with Section 1705.18.1 or 1705.18.2.

16.40.120 Chapter 9 – Fire Protection and Life Safety Systems.

Amend Section 901.6.2 of the 2025 California Fire Code to read as follows:
901.6.2 Integrated testing. Where two or more fire protection or life safety systems are interconnected, the intended response of subordinate fire protection and life safety systems shall be verified when required testing of the initiating system is conducted. In addition, integrated testing shall be performed in accordance with Sections 901.6.2.1 and 901.6.2.2.
901.6.2.1 High-rise buildings. For high-rise buildings, integrated testing shall comply with NFPA 4, with an integrated test performed prior to issuance of the certificate of 473
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occupancy and at intervals not exceeding 10 years, unless otherwise specified by an integrated system test plan prepared in accordance with NFPA 4. If an equipment failure is detected during integrated testing, a repeat of the integrated test shall not be required, except as necessary to verify operation of fire protection or life safety functions that are initiated by equipment that was repaired or replaced. For existing buildings, the testing timeframe shall be specified by the integrated systems test plan prepared in accordance with NFPA 4 as approved by the fire code official. 901.6.2.2 Smoke control systems. Where a fire alarm system is integrated with a smoke control system as outlined in Section 909, integrated testing shall comply with NFPA 4, with an integrated test performed prior to issuance of the certificate of occupancy and at intervals not exceeding 10 years, unless otherwise specified by an integrated system test plan prepared in accordance with NFPA 4. If an equipment failure is detected during integrated testing, a repeat of the integrated test shall not be required, except as necessary to verify operation of fire protection or life safety functions that are initiated by equipment that was repaired or replaced. For existing buildings, the testing timeframe shall be specified by the integrated systems test plan prepared in accordance with NFPA 4 as approved by the fire code official.

Amend Section 901.6.3 of the 2025 California Fire Code to read as follows:
901.6.3 Records Information. Records of all system inspections, tests and maintenance required by the referenced standard shall be maintained on the premises for a minimum of five years. See 907.7 & 907.8 for fire alarm system inspection, testing and maintenance documentation requirements.

Amend Section 903.2 of the 2025 California Fire Code to read as follows:
903.2 Where required. Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18 whichever is the more restrictive and Sections 903.2.14 through 903.2.21.

1. An approved automatic sprinkler system shall be provided throughout all new buildings and structures, other than Group R occupancies, except as follows:

Exceptions:
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a. Buildings and structures not located in any Wildland-Urban Interface and not exceeding 1,200 square feet of fire area.
b. Buildings and structures located in any Wildland-Urban Interface Fire Area and not exceeding 500 square feet of fire area.
c. Group S-2 or U occupancies, including photovoltaic support structures, used exclusively for vehicle parking which meet all of the following conditions:
i.Noncombustible construction.
ii.Maximum 5,000 square feet in building area.
iii.Structure is open on not less than three (3) sides or not less than 75% of structure perimeter.
iv.Minimum of 10 feet separation from existing buildings, or similar structures, unless area is separated by fire walls complying with CBC 706. d. Canopies, constructed in accordance with CBC 406.7.2, used exclusively for weather protection of vehicle fueling pads per CBC 406.7.1 and not exceeding 5,000 square feet of fire area.
e. Temporary Construction Trailers less than 2,500 square feet permitted for a period of not more than one year.

2. An automatic sprinkler system shall be installed throughout all new buildings with a Group R fire area.

Exception:

Detached Accessory Dwelling Unit, provided that all of the following are met:
a. The unit meets the definition of an Accessory Dwelling Unit as defined in the Government Code Section 65852.2.
b. The existing primary residence does not have automatic fire sprinklers. c. The accessory detached dwelling unit does not exceed 1,200 square feet in size. d. The unit is on the same lot as the primary residence. e. The unit meets all apparatus access and water supply requirements of Chapter 5 and Appendix B of the 2025 California Fire Code.

4. An automatic sprinkler system shall be installed throughout existing buildings with a Group R fire area when additions are made causing the fire area to exceed 3,600 square feet.

Exception: Additions where all of the following are met:
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a. Building addition does not exceed 500 square feet.
b. The resultant structure meets all water supply requirements of Chapter 5 and Appendix B of the 2025 California Fire Code.

6. Any change in the character of occupancy or in use of any building with a building area equal to or greater than 3,600 square feet which, in the opinion of the fire code official or Building Official, would place the building into a more hazardous division of the same occupancy group or into a different group of occupancies and constitutes a greater degree of life safety1 or increased fire risk2, shall require the installation of an approved automatic fire sprinkler system. 1 Life Safety – Shall include, but not limited to: Increased occupant load, public assembly areas, public meeting areas, churches, indoor amusement attractions, buildings with complex exiting systems due to increased occupant loads, large schools/day-care facilities, large residential care facilities with non-ambulatory; 2 Fire Risks – Shall include but not limited to: High-piled combustible storage, woodworking operations, hazardous operations using hazardous materials, increased fuel loads (storage of moderate to highly combustible materials), increased sources of ignition (welding, automotive repair with the use of flammable liquids and open flames).

Add Section 903.2.11.7 to the 2025 California Fire Code to read as follows:
903.2.11.7 Chemical Fume Hood Fire Protection. Approved automatic fire extinguishing systems shall be provided in chemical fume hoods in the following cases:

1. Existing hoods having interiors with a flame spread index greater than 25 in which flammable liquids are handled

2. If a hazard assessment determines that an automatic extinguishing system is required for the chemical fume hood, then the applicable automatic fire protection system standard shall be followed.

Amend Section 907.8 of the 2025 California Fire Code to read as follows:
907.8 Inspection, testing and maintenance. The maintenance and testing schedules and procedures for fire alarm and fire detection systems shall be in accordance with Sections 476
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907.8.1 through 907.8.4 and NFPA 72. Records of inspection, testing and maintenance shall be documented using NFPA 72 record of inspection and testing forms.

Amend Section 909.22.1 of the 2025 California Fire Code to read as follows:
909.22.1 Schedule. A routine maintenance and operational testing program shall be initiated immediately after the smoke control system has passed the acceptance tests. A written schedule for routine maintenance and operational testing shall be established and operational testing must occur at least annually.

16.40.140 Chapter 12 – Energy Systems.

SECTION 1202 DEFINITIONS
Amend Section 1202.1 of the 2025 California Fire Code to read as follows:
1202.1 Definitions. The following terms are defined in Chapter 2:

BATTERY SYSTEM, STATIONARY STORAGE.

BATTERY TYPES.

CAPACITOR ENERGY STORAGE SYSTEM.

CRITICAL CIRCUIT.

EMERGENCY POWER SYSTEM.

ENERGY STORAGE MANAGEMENT SYSTEMS.

ENERGY STORAGE SYSTEM (ESS).

ENERGY STORAGE SYSTEM, ELECTROCHEMICAL.

ENERGY STORAGE SYSTEM, MOBILE.

ENERGY STORAGE SYSTEM, WALK-IN UNIT.

ENERGY STORAGE SYSTEM CABINET.

ENERGY STORAGE SYSTEM COMMISSIONING.

ENERGY STORAGE SYSTEM DECOMMISSIONING.

FUEL CELL POWER SYSTEM, STATIONARY.

LARGE-SCALE FIRE TESTING.

PORTABLE GENERATOR.

STANDBY POWER SYSTEM.

Amend Section 1207.1.5 of the 2025 California Fire Code to read as follows:
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1207.1.7 Large-scale fire test. Where required elsewhere in Section 1207, large-scale fire testing shall be conducted in accordance with NFPA 855, and UL 9540A. The testing shall be conducted or witnessed and reported by an approved testing laboratory and show that a fire involving one ESS will not propagate to an adjacent ESS, and where installed within buildings, enclosed areas and walk-in units will be contained within the room, enclosed area or walk-in unit for a duration equal to the fire-resistance rating of the room separation specified in Section 1207.7.4. The test report shall be provided to the fire code official for review and approval in accordance with Section 104.2.2
Amend Section 1207.2.2.1 of the California Fire Code to read as follows:
1207.2.2.1 Ongoing inspection and testing. Systems that monitor and protect the ESS installation shall be inspected and tested in accordance with the manufacturer’s instructions and the operation and maintenance manual. Inspection and testing records shall be maintained in the operation and maintenance manual and made available to the fire code official upon request.

Amend Section 1207.5.2 of the 2025 California Fire Code to read as follows:
1207.5.2 Maximum allowable quantities. Fire areas within rooms, areas and walk-in units containing electrochemical ESS shall not exceed the maximum allowable quantities in Table 1207.5. The allowable number of fire areas, maximum allowable quantity, and fireresistance rating of fire-barriers shall comply with Table 1207.5.1.

Exceptions:

Where approved by the fire code official, rooms, areas and walk-in units containing electrochemical ESS that exceed the amounts in Table 1207.5 shall be permitted based on a hazardous mitigation analysis in accordance with Section 1207.1.6 and large-scale fire testing complying with Section 1207.1.7.

1. Lead-acid and nickel-cadmium battery systems installed in facilities under the exclusive control of communications utilities and operating at less than 50 VAC and 60 VDC in accordance with NFPA 76.

2. Dedicated-use buildings in compliance with Section 1207.7.1.

TABLE 1207.5.1

DESIGN AND NUMBER OF ESS FIRE AREAS

STORY PERCENTAGE
OF
NUMBER

OF FIRE
FIRERESISTANCE
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MAXIMUM

ALLOWABLE

QUANTITY

PER FIRE
AREA
AREAS
PER
STORY

RATING FOR
FIRE

BARRIERS IN
HOURS
Above grade plan Higher than 9
7-9
6 5
4 3
2 1
25 50
50 50
75 100
100
100
1 2
2 2
4 6
6 6
3 2
2 2
2 2
2 2
Below grade plan 1
2 Lower than 2
100
50 Not Allowed
4 2
Not Allowed
3 3
Not Allowed
Amend Section 1207.5.5 of the 2025 California Fire Code to read as follows:
1207.5.5 Fire suppression systems. Rooms and areas within buildings and walk-in units containing electrochemical ESS shall be protected by an automatic fire suppression system designed and installed in accordance with one of the following:

1. Automatic sprinkler system designed and installed in accordance with Section 903.3.1.1 for ESS units (groups) with a maximum stored energy capacity of 50 kWh, as described in Section 1207.5.1, shall be designed with a minimum density of 0.3 gpm/ft2 (1.14 L/min) based over the area of the room or 2,500 square-foot (232 m2) design area, whichever is larger, unless a lower density is approved based on large-scale fire testing in accordance with Section 1207.1.7.

2. Automatic sprinkler system designed and installed in accordance with Section 903.3.1.1 for ESS units (groups) exceeding 50 kWh shall use a density based on large-scale fire testing complying with Section 1207.1.7.

3. The following alternative automatic fire-extinguishing systems designed and installed in accordance with Section 904, provided that the installation is approved by the fire code official based on large-scale fire testing complying with Section 1207.1.7:

3.1. NFPA 12, Standard on Carbon Dioxide Extinguishing Systems.

3.2. NFPA 15, Standard for Water Spray Fixed Systems for Fire Protection. 479
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3.3. NFPA 750, Standard on Water Mist Fire Protection Systems.

3.4. NFPA 2001, Standard on Clean Agent Fire-Extinguishing Systems.

3.5. NFPA 2010, Standard for Fixed Aerosol Fire-Extinguishing Systems.

Exceptions:

1. Fire suppression systems for lead-acid and nickel-cadmium battery systems at facilities under the exclusive control of communications utilities that operate at less than 50 VAC and 60 VDC shall be provided where required by NFPA 76.

2. Lead-acid and nickel-cadmium systems that are used for DC power for control of substations and control or safe shutdown of generating stations under the exclusive control of the electric utility, and located outdoors or in building spaces used exclusively for such installations, shall not be required to have a fire suppression system installed.

3. Lead-acid battery systems in uninterruptable power supplies listed and labeled in accordance with UL 1778, utilized for standby power applications, which is limited to not more than 10 percent of the floor area on the floor on which the ESS is located, shall not be required to have a fire suppression system. (Material based on NFPA 855 2023 Ed.)
Amend Section 1207.11.3 of the 2025 California Fire Code to read as follows:
1207.11.3 Location. ESS shall be installed only in the following locations:

1. Detached garages and detached accessory structures.

2. Attached garages separated from the dwelling unit living space and sleeping units in accordance with Section R302.6.

3. Outdoors or on the exterior side of the exterior walls not less than 3 feet (914 mm) from doors and windows directly entering the dwelling unit and not below or above any emergency escape and rescue openings.

4. Enclosed utility closets, basements, storage or utility spaces within dwelling units with finished or noncombustible walls and ceilings. Walls and ceilings of unfinished wood-framed construction shall be provided with not less than 5/8-inch (15.9 mm) Type X gypsum wallboard.

5. ESS shall not be installed in sleeping rooms, closets, spaces opening directly into sleeping rooms or in habitable spaces of dwelling units.

Amend Section 1207.11.6 of the 2025 California Fire Code to read as follows:
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1207.11.6 Fire detection. ESS installed in Group R-3 and R-4 occupancies shall comply with the following:

1. Rooms and areas within dwellings units, sleeping units, basements and attached garages in which ESS are installed shall be protected by smoke alarms in accordance with Section 907.2.11.

Exceptions:

1. A listed heat detector may be used in place of a heat alarm, so long as it is interconnected with devices that provide an audible alarm at all sleeping areas.

2. A fire sprinkler associated with an approved automatic sprinkler system that triggers an audible alarm upon activation of the waterflow switch, may be used in place of a heat alarm.

16.40.160 Chapter 33 – Fire Safety During Construction and Demolition.

Amend Section 3303.5 of the 2025 California Fire Code to read as follows:
3303.5 Fire watch. Where required by the fire code official or the site safety plan established in accordance with Section 3303.1, a fire watch shall be provided for building demolition and for building construction. Fire watch is not intended to facilitate occupancy during ongoing construction in a new building.

Add Section 3303.7 to the 2025 California Fire Code to read as follows:
3303.7 Fire Walls. When firewalls are required in combustible construction, the wall construction shall be completed (with all openings protected) immediately after the building is sufficiently weather protected at the location of the wall(s).

Amend Section 3307.1.2 of the 2025 California Fire Code to read as follows:
3307.1.2 Stairways Required. Each level above the first story in multi-story buildings that require two exit stairways shall be provided with at least two usable exit stairways after the floor decking is installed. The stairways shall be continuous and discharge to grade level. Stairways serving more than two floor levels shall be enclosed (with openings adequately protected) after exterior walls/windows are in place. Exit stairs in new and in 481
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existing, occupied buildings shall be lighted and maintained clear of debris and construction materials at all times.

Exception: For multi-story buildings, one of the required exit stairs may be obstructed on not more than two contiguous floor levels for the purposes of stairway construction (i.e., installation of gypsum board, painting, flooring, etc.).

Add section 3307.1.4 to the 2025 California Fire Code to read as follows:
3307.1.4 Required Means of Egress. All buildings under construction shall have at least one unobstructed means of egress. All means of egress shall be identified in the written site safety plan as required by Section 3303.1.

Add Section 3307.6 to the 2025 California Fire Code to read as follows:
3307.6 Fire Department Access Roadways: All construction sites shall be accessible by fire department apparatus by means of roadways having an all-weather driving service of not less than 20ft. of unobstructed width. The roads shall have the ability to withstand the live loads of fire apparatus, and have a minimum 13ft. 6 in. of vertical clearance. Dead end fire access roads in excess of 150 ft. in length shall be provided with approved turnarounds.

When approved by the Fire Code Official, temporary access roadways may be utilized until such time that the permanent roadways are installed. As a minimum, the roadway shall consist of a compacted sub base and six (6) inches of road base material (Class 2 aggregate base rock) both compacted to a minimum 95% and sealed. The perimeter edges of the roadway shall be contained and delineated by curb and gutter or other approved method. The use of geotextile reinforcing fabric underlayment or soils lime-treatment may be required if so determined by the project civil engineer. Provisions for surface drainage shall also be provided where necessary. The integrity of the roadway shall be maintained at all times.

Add Section 3313 to the 2025 California Fire Code to read as follows:

Section 3313 Completion Before Occupancy
3313.1 Completion before occupancy. In buildings where an automatic sprinkler system is required by this code or the California Building Code, it shall be unlawful to occupy any portion of a building or structure until the automatic sprinkler system installation has been tested and approved.
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Cupertino City CouncilMay 5, 2026

Cupertino City Council
May 5, 2026