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04-21-20 Searchable PacketCITY OF CUPERTINO CITY COUNCIL AGENDA This will be a teleconference meeting without a physical location. Tuesday, April 21, 2020 6:15 PM Non-televised Closed Session (6:15) and Televised Regular Meeting Open Session (6:45) TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE SPREAD OF COVID-19 In accordance with Governor Newsom’s Executive Order No-29-20, this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 2) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast 1) E-mail comments for the closed session or open session by 5:00 p.m. on Tuesday, April 21 to the Council at citycouncil@cupertino.org. These e-mail comments will also be forwarded to Councilmembers by the City Clerk’s office before the meeting and posted to the City’s website after the meeting. 2) E-mail comments for the closed session or open session during the times for public comment during the meeting to the City Clerk at cityclerk@cupertino.org. The City Clerk will read the emails into the record, and display any attachments on the screen, for up to 3 minutes (subject to the Mayor’s discretion to shorten time for public comments). Members of the public that wish to share a document must email cityclerk@cupertino.org prior to speaking. 3) Teleconferencing Instructions CLOSED SESSION Members of the public may provide oral public comments in open session prior to the closed session teleconference meeting as follows: Page 1 CC 04-21-20 1 of 548 City Council Agenda April 21, 2020 To address the City Council, click on the link below to register in advance and access the meeting: Online Please click the link below to join the webinar: https://cityofcupertino.zoom.us/j/7427039002 Phone Dial 888 788 0099 and enter Meeting ID: 742 703 9002 (Type *9 to raise hand to speak) Unregistered participants will be called on by the last four digits of their phone number. OPEN SESSION Members of the public may provide oral public comments during the open session teleconference meeting as follows: Oral public comments will be accepted during the open session teleconference meeting. Comments may be made during “oral communications” for matters not on the agenda, and during the public comment period for each agenda item. To address the City Council, click on the link below to register in advance and access the meeting: Online Please click the link below to join the webinar: https://cityofcupertino.zoom.us/webinar/register/WN_PVs22CLrRjm0Ncz4isdtUA Phone Dial 888 788 0099 and enter Webinar ID: 929-1101-8235 (Type *9 to raise hand to speak) Unregistered participants will be called on by the last four digits of their phone number. Or an H.323/SIP room system: H.323: 162.255.37.11 (US West) 162.255.36.11 (US East) Meeting ID: 929 1101 8235 SIP: 92911018235@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: Page 2 CC 04-21-20 2 of 548 City Council Agenda April 21, 2020 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter “Cupertino Resident” or similar designation. 3. When the Mayor calls for the item on which you wish to speak, click on “raise hand.” Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the Council meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. ROLL CALL - 6:15 PM CLOSED SESSION 1.Subject: Conference with Legal Counsel - Anticipated Litigation; (Government Code Section 54956.9(d)): Possible Initiation of Litigation (Government Code Section 54956.9(d)(4)) (1 matter). RECESS OPEN SESSION PLEDGE OF ALLEGIANCE - 6:45 PM ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS POSTPONEMENTS ORAL COMMUNICATIONS Page 3 CC 04-21-20 3 of 548 City Council Agenda April 21, 2020 This portion of the meeting is reserved for persons wishing to address the Council on any matter within the jurisdiction of the Council and not on the agenda. The total time for Oral Communications will ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. REPORTS BY COUNCIL AND STAFF (10 minutes) 2.Subject: City Manager update on COVID-19 response efforts Recommended Action: Receive City Manager update on COVID-19 response efforts 3.Subject: Report on Homeless Recommended Action: Receive the Report on Homeless 4.Subject: Report on Committee assignments Recommended Action: Report on Committee assignments CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 5.Subject: Approve the March 31 City Council minutes. Recommended Action: Approve the March 31 City Council minutes. A - Draft Minutes 6.Subject: Approve the April 7 City Council minutes Recommended Action: Approve the April 7 City Council minutes A - Draft Minutes 7.Subject: Proclaiming May 2020 as “Keep it Clean Santa Clara County” Month Recommended Action: Proclaim May 2020 as “Keep it Clean Santa Clara County” Month SECOND READING OF ORDINANCES Page 4 CC 04-21-20 4 of 548 City Council Agenda April 21, 2020 8.Subject: Second reading of a Development Agreement for a new 155-room 7-story hotel (24-hour operations) with underground parking, event meeting rooms, a ground floor restaurant with separate bar and a rooftop lounge with separate bar by demolishing a commercial building with an area of 8,323 sq. ft. (Application No: DA-2018-01; Applicant(s): John Vidovich (De Anza Properties); Location: 10931 N De Anza Blvd.; APN #326-10-061 Recommended Action: That the City Council conduct a second reading and enact Ordinance No. 20-2195: “An Ordinance of the City Council of the City of Cupertino Approving a Development Agreement for the Development of a New 7-Story, 155 Room Hotel and Associated Site and Landscaping Improvements Located at 10931 N. De Anza Blvd. (APN #326-10-061)” Staff Report A – Draft Ordinance No. 20-2195 – Development Agreement between the City and Northwest Properties LP PUBLIC HEARINGS 9.Subject: Consider an appeal of the Planning Commission's approval of a Minor Residential Permit to allow a second-story balcony. (Application: RM-2017-39; Applicant: Francis Kun (Tsai residence); Project Location: 21865 San Fernando Avenue; A.P.N.: 357-15-043; Appellant(s): Shayjan Huang and Eric and Cindy Fang) Recommended Action: That the City Council Adopt Resolution No. 20-036 denying the appeal and upholding the Planning Commission’s decision to approve the application, in accordance with the draft resolution (see Attachment A). Staff Report A - Draft Resolution approving RM-2017-39 B - Planning Commission Resolution No. 6887 (R-2017-33) C - Planning Commission Resolution No. 6888 (RM-2017-39) D - Approved Plan Set E - Appellant Letter and Supplemental Documents 10.Subject: Fiscal Year (FY) 2020-21 Fee Schedule Update Recommended Action: Adopt Resolution No. 20-037 Amending Below Market Rate Housing Mitigation Fees to adopt fee categories and amounts for self-storage and warehouse uses; and, Adopt Resolution No. 20-038 adopting FY 2020-21 Fee Schedules A, B, C, D, and E Page 5 CC 04-21-20 5 of 548 City Council Agenda April 21, 2020 Staff Report A - FY2020-21 Fee Schedule A - General Fees (Clean) B - FY2020-21 Fee Schedule A - General Fees (Redline) C - FY2020-21 Fee Schedule B - Engineering Fees (Clean) D - FY2020-21 Fee Schedule B - Engineering Fees (Redline) E - FY2020-21 Fee Schedule C - Planning Fees (Clean) F - FY2020-21 Fee Schedule C - Planning Fees (Redline) G - FY2020-21 Fee Schedule D - Building Fees (Clean) H - FY2020-21 Fee Schedule D - Building Fees (Redline) I - FY2020-21 Fee Schedule E - Recreation (Clean) J - FY2020-21 Fee Schedule E - Recreation (Redline) K - Supplement to the Non-Residential Jobs-Housing Nexus Study prepared by Keyser Marsten Associates L - User Fee Study 2016 M - Draft Resolution (07.01.2020) N - Draft Resolution - BMR Housing Mitigation Fees ORDINANCES AND ACTION ITEMS 11.Subject: Authorization to execute a Fourth Amendment to Franchise Agreement including provisions to pursue sole negotiations for a new Franchise Agreement for solid waste collection services with Recology Cupertino; and, if negotiations are unsuccessful, an 18-month extension with a 5% increase on all rates effective February 1, 2021 and a 5% increase on all rates effective February 1, 2022 in order to allow time to identify another solid waste collector. Recommended Action: 1. Authorization of the City Manager to execute a Fourth Amendment to Franchise Agreement with Recology Cupertino for solid waste collection services (Attachment A) with provisions including: 1) Pursue negotiation of a new 10-year agreement with Recology Cupertino; and 2) If negotiations are unsuccessful or are not completed by the end of the current Franchise Agreement term on January 31, 2021, an eighteen (18) month extension to the Franchise Agreement with no changes in service with a 5% special maximum rate adjustment effective February 1, 2021 followed by a second 5% special maximum rate adjustment effective February 1, 2022; and 2. Adopt Franchise Negotiations Communications Protocol (Attachment B); and 3. Adopt Resolution No. 20-039, a resolution to negotiate a new Franchise Agreement and define a bridge term that includes a special maximum rate adjustment (Attachment C). Page 6 CC 04-21-20 6 of 548 City Council Agenda April 21, 2020 Staff Report A - Recology Fourth Amendment to Franchise Agmt (signed by Recology) B - Franchise Negotiations Communications Protocol C - Draft Resolution D - Current Franchise Agreement with first three amendments E - Recology Letter regarding intention to Negotiate Dated January 29, 2020 F - City of Cupertino letter to Recology regarding Intention to Negotiate dated March 25, 2020 G - HF&H Summary of Findings Dated April 14, 2020 ORAL COMMUNICATIONS - CONTINUED (As necessary) COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/cityclerk for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the Council meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City’s website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights Page 7 CC 04-21-20 7 of 548 City Council Agenda April 21, 2020 you may have on the information provided to the City. Page 8 CC 04-21-20 8 of 548 CITY OF CUPERTINO Legislation Text Subject:Conference with Legal Counsel - Anticipated Litigation; (Government Code Section 54956.9(d)): Possible Initiation of Litigation (Government Code Section 54956.9(d)(4)) (1 matter). File #:20-7321,Version:1 CITY OF CUPERTINO Printed on 4/15/2020Page 1 of 1 powered by Legistar™ CC 04-21-20 9 of 548 CITY OF CUPERTINO Legislation Text Subject: City Manager update on COVID-19 response efforts Receive City Manager update on COVID-19 response efforts File #:20-7288,Version:1 CITY OF CUPERTINO Printed on 4/15/2020Page 1 of 1 powered by Legistar™ CC 04-21-20 10 of 548 CITY OF CUPERTINO Legislation Text Subject:Report on Homeless Receive the Report on Homeless File #:20-7312,Version:1 CITY OF CUPERTINO Printed on 4/15/2020Page 1 of 1 powered by Legistar™ CC 04-21-20 11 of 548 CITY OF CUPERTINO Legislation Text Subject: Report on Committee assignments Report on Committee assignments File #:19-6409,Version:1 CITY OF CUPERTINO Printed on 4/15/2020Page 1 of 1 powered by Legistar™ CC 04-21-20 12 of 548 CITY OF CUPERTINO Legislation Text Subject: Approve the March 31 City Council minutes. Approve the March 31 City Council minutes. File #:20-7264,Version:1 CITY OF CUPERTINO Printed on 4/15/2020Page 1 of 1 powered by Legistar™ CC 04-21-20 13 of 548 DRAFT MINUTES CUPERTINO CITY COUNCIL Tuesday, March 31, 2020 SPECIAL CITY COUNCIL MEETING At 5:30 p.m. Mayor Steven Scharf called the Special City Council meeting to order. This was a teleconference meeting with no physical location. Present: Mayor Steven Scharf, Vice Mayor Darcy Paul, and Councilmembers Liang Chao, Rod Sinks, and Jon Robert Willey. Absent: None. All Councilmembers teleconferenced for the meeting. CLOSED SESSION Council went into closed session at 5:30 p.m. and reconvened in open session at 6:45 p.m. This was a teleconference meeting with no physical location. CLOSED SESSION Before Council went into closed session, Mayor Scharf opened public comment and, seeing no speakers, closed public comment. 1. Subject: Conference with Legal Counsel - Anticipated Litigation; (Government Code Section 54956.9(d)): Possible Initiation of Litigation (Government Code Section 54956.9(d)(4)) (1 matter). In open session, Mayor Scharf announced that Council gave approval to initiate litigation by joining a coalition of cities and counties. Once the action is formally commenced by the coalition, the filings, defendants, and other particulars will be disclosed to any person upon request as provided in Government Code section 54957.1. CC 04-21-20 14 of 548 City Council Minutes March 31, 2020 2. Subject: Conference with Legal Counsel - Anticipated Litigation; Significant exposure to litigation pursuant to paragraph (3) of subdivision (d) of Section 54956.9: (1 Claim) (Clean Cut Landscape Incorporated (CCLI)). In open session, Mayor Scharf announced that Council gave direction to the City Attorney’s Office. No reportable action was taken. RECESS OPEN SESSION At 6:45 p.m. Mayor Steven Scharf reconvened the Special City Council meeting. This was a teleconference meeting with no physical location. ROLL CALL Present: Mayor Steven Scharf, Vice Mayor Darcy Paul, and Councilmembers Liang Chao, Rod Sinks, and Jon Robert Willey. Absent: None. All Councilmembers teleconferenced for the meeting. CEREMONIAL MATTERS AND PRESENTATIONS 3. Subject: Staff Presentation on Rosenberg’s Rules of Order Recommended Action: Receive Staff Presentation on Rosenberg’s Rules of Order Written communications for this item included a presentation. City Attorney Heather Minner gave a presentation. Councilmembers asked questions and made comments. Council received the staff presentation on Rosenberg’s Rules of Order POSTPONEMENTS – None ORAL COMMUNICATIONS Connie Cunningham (representing herself), talked about financial impacts due to COVID-19 and encouraged making donations to non-profits such as West Valley Community Services (WVCS). (Submitted written comments). CC 04-21-20 15 of 548 City Council Minutes March 31, 2020 City Clerk Kirsten Squarcia read an email on behalf of Joseph Fruen, recommending publicizing through City channels the programs offered through WVCS, other charitable organizations, or government agencies. Jeonghee, encouraged the City’s continuing response efforts to ensure public health and safety due to COVID-19. City Clerk Kirsten Squarcia read an email on behalf of Jj, regarding litigation with the City concerning her home and financial burdens due to the situation. City Clerk Kirsten Squarcia read an email on behalf of Viji, expressing concern about the City’s budget and financial impacts due to COVID-19 and consideration of nonessential work. Willey moved and Scharf seconded to reorder the agenda to hear Staff Comments after Oral Communications. The motion carried unanimously. City Manager Deborah Feng provided an update regarding COVID-19 response efforts. Mayor Scharf opened public comment and the following people spoke. Connie Cunningham (representing herself), thanked City staff for their efforts. Mayor Scharf closed public comment. REPORTS BY COUNCIL AND STAFF (10 minutes) 4. Subject: Report on Committee assignments Recommended Action: Report on Committee assignments Councilmembers highlighted the activities of their various committees. CONSENT CALENDAR Paul moved and Sinks seconded to approve the items on the Consent Calendar except for items numbers 5 and 9 which were pulled for discussion. Ayes: Scharf, Paul, Chao, Sinks, and Willey. Noes: None. Abstain: None. Absent: None. 5. Subject: Approve the February 24 City Council minutes Recommended Action: Approve the February 24 City Council minutes CC 04-21-20 16 of 548 City Council Minutes March 31, 2020 Scharf moved and Chao seconded to approve the February 24 City Council minutes. The motion carried unanimously. 6. Subject: Approve the March 3 City Council minutes Recommended Action: Approve the March 3 City Council minutes 7. Subject: Set application deadline and interview dates for three terms expiring on the Teen Commission. Recommended Action: Set application deadline and interview dates for three terms expiring on the Teen Commission and approve: 1.) Applications due in the City Clerk's office by 4:30 p.m. on Friday, May 8; and 2.) Interviews held beginning at 5:30 p.m. on Tuesday, May 26 and Wednesday, May 27 (as needed) 8. Subject: Application for Alcohol Beverage License for P&S Cupertino, Inc (dba Vons Chicken Cupertino), 10520 S. De Anza Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for P&S Cupertino, Inc (dba Vons Chicken Cupertino), 10520 S. De Anza Boulevard 9. Subject: Increase the authorized construction contingency for the 2019 Pavement Maintenance Phase 1 Project, Project No. 2019-103 by $150,000. No additional budget allocation is requested. Recommended Action: Increase the authorized construction contingency for the 2019 Pavement Maintenance Phase 1 Project by one hundred fifty thousand dollars ($150,000) for a revised contract amount to G. Bortolotto & Co. not to exceed $2,992,568. Scharf moved and Chao seconded to increase the authorized construction contingency for the 2019 Pavement Maintenance Phase 1 Project, Project No. 2019-103 by $150,000. The motion carried unanimously. 10. Subject: Resolution of support for McClellan Rd Separated Bikeway project for Vehicle Emissions Reductions Based at Schools (VERBS) grant application. Recommended Action: Adopt Resolution No. 20-027 approving a request for support to complete VERBS grant application commitments consistent with the requirements of the application. CC 04-21-20 17 of 548 City Council Minutes March 31, 2020 11. Subject: Resolution Designating Agents to Apply for Federal and State Disaster Financial Assistance Recommended Action: Adopt Resolution No. 20-031 Designating Agents to Apply for Federal and State Disaster Financial Assistance SECOND READING OF ORDINANCES PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS 12. Subject: Consider participation in and funding for the Santa Clara/Santa Cruz Counties Airport/Community Roundtable on Aircraft Noise in the South Bay. Recommended Action: Provide direction to staff to: 1. Continue participation in the Santa Clara/Santa Cruz Counties Airport/Community Roundtable on aircraft noise in the South Bay; confirm or change existing Council representatives; or 2. Adopt Resolution No. 20-029 rescinding Resolution No. 18-083 and withdrawing from the Santa Clara/Santa Cruz Counties Airport/Community Roundtable. Written communications for this item included a presentation. Cities Association of Santa Clara County Executive Director Andi Jordon gave a presentation. Councilmembers asked questions and made comments. Mayor Scharf left the meeting. Vice Mayor Paul opened public comment and the following people spoke. Lisa Warren, talked about financial impacts for participating cities if a contributing city withdrew. Mayor Scharf returned to the meeting. Mayor Scharf closed public comment. CC 04-21-20 18 of 548 City Council Minutes March 31, 2020 Paul moved and Scharf seconded to continue participation in the Santa Clara/Santa Cruz Counties Airport/Community Roundtable on aircraft noise in the South Bay ; confirmed the existing Council representatives; and added the amendment that if the item comes back to Council, it should include a balance sheet for dollars spent and a summary of consultant deliverables. Chao made a friendly amendment to include more meaningful community engagement such as extending the public comment period from one minute and looking into forming a subcommittee (Paul accepted the friendly amendment). The main motion carried unanimously as amended. Council recessed from 8:35 p.m. to 8:40 p.m. 13. Subject: FY 2020-21 City Work Program Recommended Action: Adopt FY 2020-21 City Work Program Written communications for this item included a presentation. City Manager Deborah Feng gave a presentation. Councilmembers made comments and asked questions. Mayor Scharf opened public comment and, seeing no speakers, closed public comment. Scharf moved and Sinks seconded to adopt the FY 2020-21 City Work Program with amendment that the City Manager will come back with a refactored budget due to COVID-19 economic impacts and for the Council to consider a prioritization of items. The motion carried unanimously. Chao made a friendly amendment and Willey seconded to include the following in the Housing strategy. o RHNA Study Session - include jobs/housing ratio for housing study o Housing Strategy - change “Housing Strategy” to “Affordable Housing Strategy” - identify funding sources for social services and affordable housing - modify BMR menu to require certain percentages for Extremely Low Income (ELI) and Moderate-income housing - clarify density bonus ordinance regarding implementation CC 04-21-20 19 of 548 City Council Minutes March 31, 2020 Chao withdrew her friendly amendment after further discussion and consensus that the items will be considered when the revised work program comes back to Council. Chao made a second friendly amendment to include the funding sources for social services in the project objective. Chao withdrew her second friendly amendment after further discussion and consensus that the item will be considered when the revised work program comes back to Council. The main motion carried unanimously with the amendment that the City Manager will come back with a refactored budget due to COVID-19 economic impacts and for the Council to consider a prioritization of items. ORAL COMMUNICATIONS - CONTINUED (As necessary) COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS After Oral Communications, City Manager Feng gave an update on COVID-19 response efforts. Council added an ongoing agenda item after Oral Communications for a City Manager report on COVID-19 response efforts (Chao/Scharf). ADJOURNMENT At 9:46 p.m., Mayor Scharf adjourned the meeting. ________________________________ Kirsten Squarcia, City Clerk CC 04-21-20 20 of 548 CITY OF CUPERTINO Legislation Text Subject: Approve the April 7 City Council minutes Approve the April 7 City Council minutes File #:19-6433,Version:1 CITY OF CUPERTINO Printed on 4/15/2020Page 1 of 1 powered by Legistar™ CC 04-21-20 21 of 548 DRAFT MINUTES CUPERTINO CITY COUNCIL Tuesday, April 7, 2020 SPECIAL CITY COUNCIL MEETING At 5:31 p.m. Mayor Steven Scharf called the Special City Council meeting to order. This was a teleconference meeting with no physical location. ROLL CALL Councilmembers Present: Mayor Steven Scharf, Vice Mayor Darcy Paul, and Councilmembers Liang Chao, Rod Sinks, and Jon Robert Willey. Absent: None. All Councilmembers teleconferenced for the meeting. Planning Commissioners Present: Chair Kitty Moore, Vice Chair R Wang, Commissioner David Fung, Commissioner Vikram Saxena, Commissioner Alan Takahashi. All Planning Commission members teleconferenced for the meeting. STUDY SESSION 1. Subject: Joint study session with the City Council and Planning Commission on state housing law: Housing Accountability Act, SB 330, and Density Bonus Law. Recommended Action: Conduct the joint study session with the City Council and Planning Commission on state housing law: Housing Accountability Act, SB 330, and Density Bonus Law; provide any input to staff. Written communications for this item included a presentation. Shute, Mihaly, and Weinberger Attorneys Winter King and Caitlin Brown gave a presentation. Ms. King introduced City of San Francisco Principal Planner Kate Conner and Senior Planner Carly Grove who were available for questions. Mayor Scharf opened public comment and the following people spoke. CC 04-21-20 22 of 548 City Council Draft Minutes April 7, 2020 Jennifer Griffin, talked about public confusion over state housing laws and the density bonus law text, problems with State control, and these laws incentivizing developers. Peggy Griffin asked about City allowances to move buildings for a project. Mayor Scharf closed public comment. Council and Planning Commissioners asked questions and made comments. Conducted the joint study session with the City Council and Planning Commission on state housing law: Housing Accountability Act, SB 330, and Density Bonus Law; and under Future Agenda Items, the City Council agreed to schedule another study session on Density Bonus Law. ADJOURNMENT REGULAR CITY COUNCIL MEETING At 6:48 p.m. Mayor Steven Scharf called the Regular City Council meeting to order. This was a teleconference meeting with no physical location. ROLL CALL Present: Mayor Steven Scharf, Vice Mayor Darcy Paul, and Councilmembers Liang Chao, Rod Sinks, and Jon Robert Willey. Absent: None. All Councilmembers teleconferenced for the meeting. CEREMONIAL MATTERS AND PRESENTATIONS – None POSTPONEMENTS Mayor Scharf requested postponement of Item No. 10 Emergency Assistance Funds for Tenants at Risk of Eviction due to Impacts of the Novel Coronavirus (COVID-19). Council consented to postpone this item to the April 21 City Council meeting. ORAL COMMUNICATIONS Housing Commissioner Connie Cunningham (representing herself), was disappointed that the renter’s assistance item was postponed and encouraged emergency assistance donations for CC 04-21-20 23 of 548 City Council Draft Minutes April 7, 2020 West Valley Community Services (WVCS). Jennifer Griffin, was concerned about the development of San Jose’s El Paseo urban village and the effects on public participation due to cancelled community meetings during the pandemic. REPORTS BY COUNCIL AND STAFF (10 minutes) 1. Subject: City Manager update on COVID-19 response efforts Recommended Action: Receive City Manager update on COVID-19 response efforts Mayor Scharf opened public comment and the following people spoke. City Clerk Kirsten Squarcia read an email on behalf of Viji, requesting a budgetary report of the financial impacts of COVID-19 for the current fiscal year and next fiscal year. Mayor Scharf closed public comment. Council received the City Manager update on COVID-19 response efforts and a status on the rental assistance item which was postponed to April 21. 2. Subject: Report on Committee assignments Recommended Action: Report on Committee assignments There were no reports on committee assignments. CONSENT CALENDAR Paul moved and Sinks seconded to approve the items on the Consent Calendar as presented. Ayes: Scharf, Paul, Chao, Sinks, and Willey. Noes: None. Abstain: None. Absent: None. 3. Subject: Approve the March 17 City Council minutes Recommended Action: Approve the March 17 City Council minutes 4. Subject: Approve the March 24 City Council minutes Recommended Action: Approve the March 24 City Council minutes 5. Subject: Arbor Day Proclamation Recommended Action: Authorize the Mayor to proclaim April 18, 2020 as Arbor Day for 2020 CC 04-21-20 24 of 548 City Council Draft Minutes April 7, 2020 6. Subject: Approve the addendum to the Memorandum of Understanding between the City of Cupertino and the Cupertino Employees Association (CEA), for the period of July 16, 2019 to June 30, 2022. Recommended Action: Adopt Resolution No. 20-032 to approve the addendum providing standby compensation for certain classifications in the CEA bargaining unit. 7. Subject: Fiscal year 2020-21 projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by Senate Bill 1(SB 1). Recommended Action: Adopt Resolution No. 20-033 listing fiscal year 2020-21 projects proposed to receive RMRA funding, created by Senate Bill 1(SB 1), and reaffirm commitment to fund previously adopted projects with RMRA funding. 8. Subject: FY 2018-19 Comprehensive Annual Financial Report (CAFR) and related supplemental reports. Recommended Action: Accept the FY 2018-19 Comprehensive Annual Financial Report (CAFR) and related supplemental reports. SECOND READING OF ORDINANCES - None PUBLIC HEARINGS 9. Subject: Item 9: De Anza Hotel project hearing items: 9A) Petition for Reconsideration regarding the City Council decision of March 3, 2020 to approve a new 155-room seven-story hotel (24-hour operations) with underground parking, event meeting rooms, a ground floor restaurant with separate bar, and a rooftop lounge with separate bar by demolishing a commercial building with an area of 8,323 sq. ft., General Plan Amendments to amend Table LU-1 by increasing the development allocation of hotel rooms to 155 hotel rooms in the Homestead Special Area and Figure LU-2 and Policy LU-23.2 adding Figure LU-5 to allow increased heights and reduced building plane within the North De Anza Gateway specific to this development, Development, Architectural and Site Approval, and Use Permits (“Project”); Application No(s): GPA-2018-01, DP-2018-01, ASA-2018-02, DA-2018-01, U-2018-02, EA-2018-03; Applicant(s): John Vidovich (De Anza Properties); Location: 10931 N De Anza Blvd.; APN #326-10-061.; and 9B) First reading of a Development Agreement for a new 155-room 7-story hotel (24- hour operations) with underground parking, event meeting rooms, a ground floor restaurant with separate bar and a rooftop lounge with separate bar by demolishing a commercial building with an area of 8,323 sq. ft. (Application No: DA -2018-01; Applicant(s): John Vidovich (De Anza Properties); Location: 10931 N De Anza Blvd.; APN #326-10-061 CC 04-21-20 25 of 548 City Council Draft Minutes April 7, 2020 Recommended Action: That the City Council conduct a public hearing, and: 1. Adopt Resolution No. 20-034 (Attachment AA) denying the petition, which does not meet the requirements of Cupertino Municipal Code (CMC) Section 2.08.096. 2. Introduce and conduct the first reading of Ordinance No. 20-2195: “An Ordinance of the City Council of the City of Cupertino Approving a Development Agreement for the Development of a New 7-Story, 155 Room Hotel and Associated Site and Landscaping Improvements Located at 10931 N. De Anza Blvd. (APN #326-10-061)” 9A) Petition for Reconsideration Written communications for this item included a presentation. Senior Planner Gian Martire gave a presentation. Mayor Scharf opened the public hearing and the following people spoke. Paige Fennie, on behalf of Laborers' International Union of North America, Local Union 270, said the project will have significant noise impacts during the various phases of construction and will exceed the noise ordinance, and requested an environmental impact report (EIR). Mayor Scharf closed the public hearing. City Clerk Kirsten Squarcia read a statement on behalf of John Vidovich: “The roof top amenity was considered and when compared to other amenities of a similar hotel it is much greater and was designed in conjunction with an agreement on the improvements and the $500,000 was appropriate given the differences of the other hotel.” Councilmembers asked questions and made comments. Placeworks Associate Principal and consultant Terri McCracken answered questions. Scharf moved and Paul seconded to adopt Resolution No. 20-034 denying the petition, which does not meet the requirements of Cupertino Municipal Code (CMC) Section 2.08.096. The motion carried will Willey voting no. City Clerk Kirsten Squarcia read the title of Ordinance No. 20 -2195: “An Ordinance of the City Council of the City of Cupertino Approving a Development Agreement for the Development of a New 7-Story, 155 Room Hotel and Associated Site and Landscaping Improvements Located at 10931 N. De Anza Blvd. (APN #326-10-061).” CC 04-21-20 26 of 548 City Council Draft Minutes April 7, 2020 Scharf moved and Paul seconded to read Ordinance No. 20-2195 by title only and that the City Clerk’s reading would constitute the first reading thereof. Ayes: Scharf, Paul, Chao, and Sinks. Noes: Willey. Abstain: None. Absent: None. Recuse: None. ORDINANCES AND ACTION ITEMS 10. Subject: Emergency Assistance Funds for Tenants at Risk of Eviction due to Impacts of the Novel Coronavirus (COVID-19) continued Recommended Action: 1. Adopt Resolution No. 20-035 contributing $50,000 in emergency assistance funds [Below Market Rate (BMR) Affordable Housing Funds (AHF) or General Fund Human Services Grant (HSG) funds] to West Valley Community Services (WVCS) for tenants at risk of eviction due to impacts of COVID - 19. 2. Authorize the City Manager to negotiate and execute a $50,000 contribution to WVCS. Under Postponements, this item was postponed to April 21. ORAL COMMUNICATIONS - CONTINUED (As necessary) COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS Council added the following future agenda items: - Another study session on Density Bonus Law (Chao/Scharf). - Examine San Jose’s 3-month rent waiver proposal in conjunction with Federal relief funds for landlords and include with the rental assistance item on April 21 (Paul/Scharf). Mayor Scharf called for a Legislative Review Committee (LRC) meeting to respond to the recent League of Cities housing proposal. ADJOURNMENT At 8:23 p.m., Mayor Scharf adjourned the meeting. _____________________________ Kirsten Squarcia, City Clerk CC 04-21-20 27 of 548 CITY OF CUPERTINO Legislation Text Subject:Proclaiming May 2020 as “Keep it Clean Santa Clara County” Month Proclaim May 2020 as “Keep it Clean Santa Clara County” Month File #:20-7267,Version:1 CITY OF CUPERTINO Printed on 4/15/2020Page 1 of 1 powered by Legistar™ CC 04-21-20 28 of 548 CITY OF CUPERTINO Legislation Text Subject: Second reading of a Development Agreement for a new 155-room 7-story hotel (24-hour operations) with underground parking, event meeting rooms, a ground floor restaurant with separate bar and a rooftop lounge with separate bar by demolishing a commercial building with an area of 8,323 sq. ft. (Application No: DA-2018-01; Applicant(s): John Vidovich (De Anza Properties); Location: 10931 N De Anza Blvd.;APN #326-10-061 That the City Council conduct a second reading and enact Ordinance No. 20-2195: “An Ordinance of the City Council of the City of Cupertino Approving a Development Agreement for the Development of a New 7-Story, 155 Room Hotel and Associated Site and Landscaping Improvements Located at 10931 N. De Anza Blvd. (APN #326-10-061)” File #:20-7302,Version:1 CITY OF CUPERTINO Printed on 4/15/2020Page 1 of 1 powered by Legistar™ CC 04-21-20 29 of 548 CITY COUNCIL STAFF REPORT Meeting: April 21, 2020 Subject Second reading of a Development Agreement for a new 155-room seven-story hotel (24- hour operations) with underground parking, event meeting rooms, a ground floor restaurant with separate bar, and a rooftop lounge with separate bar by demolishing a commercial building with an area of 8,323 sq. ft. (Application No: DA-2018-01; Applicant(s): John Vidovich (De Anza Properties); Location: 10931 N De Anza Blvd.; APN #326-10-061 Recommended Actions Conduct the second reading and enact Ordinance No. 20-2195 “An Ordinance of the City Council of the City of Cupertino Approving a Development Agreement for the Development of a New 7-Story, 155 Room Hotel and Associated Site and Landscaping Improvements Located at 10931 N. De Anza Blvd. (APN #326-10-061)” (Attachment A). Discussion On April 7, 2020 the City Council introduced and conducted the first reading of Ordinance No. 20-2195 on a 4-1 vote (Willey voting no). Fiscal Impacts The project will generate net positive fiscal impacts to the City’s annual budget due to the collection of Transient Occupancy Taxes. This is estimated to be $1 - 1.5 million a year. As previously mentioned, to ensure collection of the TOT, a condition of approval has been added that reservations may not be made that exceed 29 consecutive nights of stay. Sustainability Impacts The project will incorporate a green roof on the second floor and is designed to achieve LEED silver. Further, via the City’s Zero Waste Policy will require that the project recover and divert at least 65 percent of the construction waste generated by the project. CC 04-21-20 30 of 548 2 Next Steps The Ordinance will take effect 30 days after the second reading. The Development Agreement will not take effect until the Ordinance takes effect and is signed by all parties. Prepared by: Gian Paolo Martire, Senior Planner Reviewed by: Piu Ghosh, Planning Manager Approved for Submission by: Dianne Thompson, Assistant City Manager ATTACHMENTS: A – Ordinance No. 20-2195 – Development Agreement between the City and Northwest Properties LP CC 04-21-20 31 of 548 ORDINANCE NO. 20-2195 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A DEVELOPMENT AGREEMENT FOR THE DEVELOPMENT OF A NEW 7-STORY, 155 ROOM HOTEL WITH ASSOCIATED SITE AND LANDSCAPING IMPROVEMENTS LOCATED AT 10931 N. DE ANZA BLVD. (APN #326-10-061) SECTION I: PROJECT DESCRIPTION Application No.: DA-2018-01 Applicant: De Anza Properties (John Vidovich) Property Owner: Northwest Properties, LP Location: 10931 N De Anza Blvd. (APN #326-10-061) SECTION II: FINDINGS FOR DEVELOPMENT AGREEMENT WHEREAS, the City of Cupertino received an application on March 20, 2018 for a General Plan Amendment, Development Permit, Development Agreement, Architectural and Site Approval, and Use Permit to allow the development of a new 7- story, 155 room hotel with associated site and landscaping improvements and associated environmental review (“Project”); and, WHEREAS, De Anza Properties has a legal and equitable interest in certain real property consisting of approximately 1.29 acres located within the City and generally borderd by De Anza Blvd. to the east, APN #326-10-058 (Cupertino Inn) to the south, and APN #326-10-066 (Homestead Square) to the west (“Property”), and as more particularly described in Exhibit A of the Development Agreement for the De Anza Hotel Project By and Between City of Cupertino and Northwest Properties (“Development Agreement”); and WHEREAS, Government Code Sections 65864 through 68569.5 provide the statutory authority for development agreements between municipalities and parties with a fee or equitable interest in real property; and WHEREAS, Cupertino Municipal Code Sections 19.144.010 et seq. establish additional procedures for review and approval of proposed development agreements by the City of Cupertino; and WHEREAS, in March 2018, De Anza Properties requested that the City consider entering into a Development Agreement for development of the Project; and WHEREAS, the terms of the Development Agreement include the following community benefits funded by Northwest Properties, LP: CC 04-21-20 32 of 548 2 1.Community Amenity Funding of $500,000 for local transportation facilities, start- up costs for the Transportation Management Association, local public art, and landscaping for public parks, roadways, and medians; 2.Public access to a roof-top lounge; 3.Shuttle service to airports and major employment centers for City residents and employees; 4.Meeting rooms for City and public school functions; 5.Transient occupancy taxes; and 6.Minimum hotel standards. WHEREAS, the Development Agreement will be consistent with the City's General Plan land use map, as amended and surrounding uses and consistent with the applicable zoning designation; and WHEREAS, approval of the Development Agreement will provide Northwest Properties, LP with assurances that its development of the Property for the Project can proceed without disruption caused by a change in City planning and development policies and requirements, which assurance will thereby reduce the actual or perceived risk of planning, financing, construction, and use of the development and promote private and public objectives of the development; and WHEREAS, the Project is described and analyzed in “The De Anza Hotel Project” Public Draft Initial Study (“Draft IS/MND”) dated July 2, 2019; and WHEREAS, the City of Cupertino’s Environmental Review Committee at its August 1, 2019 meeting reviewed the Draft IS/MND, received public comments, and voted 5-0-0 to recommend adoption of a Mitigated Negative Declaration (“MND”); and WHEREAS, based on substantial evidence in the record, on December 10, 2019, the Planning Commission recommended on a 4-0 vote (Saxena Absent) that the City Council adopt the MND for the Project and implement as conditions of approval all mitigation measures within the responsibility and jurisdiction of the City that are identified in the IS/MND, and adopt the Mitigation Monitoring and Reporting Program for the Project prior to taking final action on the Project; and WHEREAS, on December 10, 2019 the Planning Commission recommended on a 4-0 vote (Saxena Absent) that the City Council approve the General Plan Amendment (GPA-2018-01) for the Project in a form substantially similar to the Resolution presented (Resolution No. 6890), approve the Development Permit (DP-2018-01) in a form substantially similar to the Resolution presented (Resolution No. 6892), approve the CC 04-21-20 33 of 548 3 Architectural and Site Approval Permit (ASA-2018-02) in a form substantially similar to the Resolution presented (Resolution No. 6893), approve the Use Permit (U-2018-02) in a form substantially similar to the Resolution presented (Resolution No. 6894), and approve and adopt an ordinance approving a Development Agreement (DA-2018-01) in a form substantially similar to the Ordinance presented; and WHEREAS, on March 3, 2020, after consideration of substantial evidence contained in the entire administrative record and prior to consideration of the Development Agreement, the City Council on a 4-1 vote (Willey voting no) adopted Resolution No. 20-005 adopting the MND, Resolution No. 20-006 adopting the General Plan Amendment, Resolution 20-007 approving the Development Permit, Resolution No. 20- 008 approving the Architectural and Site Approval Permit, and Resolution No. 20-009 approving the Use Permit; WHEREAS, at the March 3, 2020 hearing, the City Council requested that Staff renegotiate the Community Benefits to be provided by the Project sponsor; and WHEREAS, all necessary public notices having been given as required by the procedural ordinances of the City of Cupertino and the Government Code; and WHEREAS, on April 7, 2020, upon due notice, the City Council held a public hearing to consider the Development Agreement; and WHEREAS, the City Council is the decision-making body for this Ordinance; WHEREAS, prior to taking action on this Ordinance, the City Council exercised its independent judgment in carefully considering the information in the IS/MND and finds that the scope of this Ordinance falls within the adopted Mitigated Negative Declaration because the proposed actions to be taken under the Development Agreement that have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment have been examined in the IS/MDN; therefore, no recirculation of the IS/MND is required; and WHEREAS, Resolution 20-007 approving the Development Permit, Resolution No. 20-008 approving the Architectural and Site Approval Permit, and Resolution No. 20-009 approving the Use Permit are each conditioned on the Development Agreement taking effect; and NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. The recitals set forth above are true and correct and are hereby incorporated herein by this reference as if fully set forth in their entirety. CC 04-21-20 34 of 548 4 Section 2. The City Council, having considered the notice of the public hearing to consider the Development Agreement, the staff report to the City Council for the meeting of April 7, 2020, evidence received at the public hearing, all exhibits, testimony, information, and other evidence submitted in the record of this proceeding, finds as follows: A.The proposed Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the General Plan, as amended. B.The proposed Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the Project is located. C.The proposed Development Agreement conforms with and will promote public convenience, general welfare, and good land use practice. D.The proposed Development Agreement will not be detrimental to the health, safety, or general welfare. E.The proposed Development Agreement will not adversely affect the orderly development of property or the preservation of property values. F.The proposed Development Agreement will promote and encourage the development of the Project by providing protections to the Project sponsor against changes in City regulations prior to completion of construction of the Project. Section 3. The City Council hereby approves the Development Agreement in the form attached as Exhibit DA-1 subject to such minor technical conforming changes as may be approved by the City Attorney. Section 4. This approval is based on the City Council’s independent judgment in consideration of and reliance on the IS/MND and in accordance with the plans, details, and descriptions contained therein, and on the Resolution adopting the IS/MND. Section 5. The City Council authorizes the City Manager to execute the Development Agreement on behalf of the City. Section 6. The City Council directs the Director of Community Development to file a Notice of Determination with the Santa Clara County Recorder in accordance with the California Environmental Quality Act of 1970 (Public Resources Code Section 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). CC 04-21-20 35 of 548 5 Section 7. This Ordinance shall be of no force and effect unless and until General Plan Amendment GPA-2018-01 becomes effective. The Development Agreement shall not take effect until this Ordinance takes effect and the Development Agreement is signed by all parties. INTRODUCED at a Regular Meeting of the Cupertino City Council on the 7th day of April 2020, AND ENACTED at a regular meeting of the Cupertino City Council on the 21st day of April, 2020, by the following roll call vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: __________________ Steven Scharf, Mayor City of Cupertino _ _____ __________________ Date ATTEST: ________________________ Kirsten Squarcia, City Clerk ________________________ Date APPROVED AS TO FORM: __________________________ Heather Minner, City Attorney ________________________ Date CC 04-21-20 36 of 548 CC 04-21-20 37 of 548 RECORDING REQUESTED BY AND WHEN RECORDED RETURIST TO: City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3202 Attention: City Manager Record for the Benefit of The City of Cupertino Pursuant to Government Code Section 27383 Space Above Reservedfor Recorder's Use Only DEVELOPMENT AGREEMENT FOR THE DE ANZA HOTEL PROJECT By AND BETWEEN CITY OF CUPERTINO AND NORTHWEST PROPERTIES a California Limited Partnership Effective Date: CC 04-21-20 38 of 548 TABLE OF CONTENTS ARTICLE 1 DEFINITIONS 1.1 Definitions ARTICLE 2 EFFECTIVE DATE AND TERM 2.1 Effective Date 2.2 Term of Agreement 2.3 City Representations and Warranties 2.4 Developer Representations and Warranties ARTICLE 3 DEVELOPMENT OF THE PROPERTY 3. 1 Vested Rights 3.2 Life of Approvals 3.3 Permitted Uses 3.4 Applicable City Regulations 3.5 Timing of Development. 3.6 Compliance with Laws 3.7 No Conflicting Enactments. 3.8 Changes in the Law. 3.9 Initiatives and Referenda 3.10 Regulation by Other Public Agencies. 3. 11 No Reservation of Sanitary Sewer or Potable Water Capacity. ARTICLE 4 FEES 4.I Impact Fees. 4.2 Processing Fees 4.3 0ther Agency Fees. 4.4 Taxes and Assessments. 4.5 Connection Fees ARTICLE 5 PUBLIC BENEFITS 5. 1 Public Benefits Obligations 5.2 Transient Occupancy Tax Requirement. 5.3 Upscale Hotel Page 3 3 8 8 8 8 8 9 9 9 9 10 11 11 11 11 12 12 12 13 13 13 13 13 13 14 14 16 17 5.4 City of Cupertino Business License 17 CC 04-21-20 39 of 548 TABLE OF CONTENTS (continued) Page 5.5 SalesTaxPointofSaleDesignation . ... .. .. .. . .. .. .. 17 5.6 Waiver of Certain Rights in Corn"iection With Public Benefit Covenants........... 17 5.7 0ngoing Obligations. . . ...... . . . .. .. ... ... . . . . .. 18 ARTICLE 6 ANNUAL REVIEW . , 19 6.1 Annual Review . . .. . . . 19 ARTICLE 7 COOPERATION AND IMPLEMENT ATION 20 7.1 SubsequentApprovals . . . . . ,, ,, 20 7.2 Scope of Review of Subsequent Approvals . . . . .. ,, , , 20 7.3 Processing Applications for Subsequent Approvals . . . . .. . . 21 7.4 0ther Agency Subsequent Approvals; Authority of City . . . . 21 ARTICLE 8 AMENDMENT OF AGREEMENT AND PROJECT APPROV ALS ................... 22 Amendment by Written Consent Project Approval Amendments. . Amendment of this Agreement . Amendments to Development Agreement Statute ARTICLE 9INSURANCE, INDEMNITY AND COOPERATION IN THE EVENT OF LEGAL CHALLENGE 24 9.1 Insurance Requirements . . . . . . 24 9.2 Indemnity and Hold Harmless . . . . ... , . . ,,, , , ,, 24 9.3 Defense and Cooperation in the Event of a Litigation Challenge....................... 24 ARTICLE 10 ASSIGNMENT, TRANSFER AND NOTICE . . . . . . .. . . ,,, ,, , 25 10.1 Assignment . .. . . . . ... . . . . . ... .. .....:2.5 10.2 ..26Release of Transferring Developer 10.3 AssigrunenttoFinancialInstitutionsorMortgagee 10.4 Successive Assignment ARTICLE 11 MORTGAGEE PROTECTION 11.1 Mortgagee Protection 11.2 Moitgagee Not Obligated 11.3 Notice of Default to Mortgagee 11.4 No Supersedure 28 CC 04-21-20 40 of 548 TABLE OF CONTENTS (continued) Page 11.5 Mortgagee Requested Amendments ARTICLE 12 DEFAULT; REMEDIES; TERMINATION 12. 1 Breach and Default 12.2 WithholdingofPermits. 12.3 Termination 12.8 12.9 ARTICLE 13 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 Specific Performance for Violation of a Condition Legal Actions Rights and Remedies Are Cumulative. No Damages Resolution of Disputes Surviving Provisions GENERAL PROVISIONS Condemnation..31 Covenants Binding on Successors and Assigns and Run with Land................... 31 Notice. Permitted Delays. Counterparts Waivers Construction of Agreement Headings Severability Time is of the Essence Extension of Time Limits Other Necessary Acts Signatures Entire Agreement Estoppel Certificate City Approvals and Actions . Negation of Partnership. No Third-Paity Beneficiaries.35 -111- CC 04-21-20 41 of 548 TABLE OF CONTENTS (continued) 13.19 Governing State Law 13.20 Exhibits LIST OF EXHIBITS Exhibit A: Property Legal Description Exhibit B: Property Boundary and Depiction of the Project Exhibit C: Description of the Project Exhibit D: Exhibit E: Exhibit F: Existing Impact Fees Accepted Conditions of Title Annual Review Form Exhibit G: Form of Assignment and Assumption Agreement -IV- Page CC 04-21-20 42 of 548 DEVELOPMENT AGREEMENT This Development Agreement ("Agreement"), dated as of ("Effective Date"), is entered into pursuant to the Development Agreement Law, by and between the CITY OF CUPERTINO, a California municipal corpomtion ("City") and NORTHWEST PROPERTIES LP, a California limited partnership ("Developer"). Developer and City are referred to individually in this Agreement as a "Party" and collectively as the "Parties." RECITALS This Agreement is entered based on the following facts, understandings and intentions of the Parties. The following recitals are a substantive part of this Agreement; capitalized terms used herein and not otherwise defined are defined in Article 1 of this Agreement. A. In order to strengthen the public planning process, encourage private participation in comprehensive plaru'iing, and reduce the economic costs and risks of development, the Legislature of the State of California enacted sections 65864 et seq. of the Government Code ("Development Agreement Statute") whicli authorizes a city and a developer having a legal or equitable interest in real property to enter into a binding, long-term development agreement establishing ceitain development rights in the property. B. In accordance witli the Development Agreement Statute, the City Council of the City of Cupertino enacted Municipal Code sections 19.144.010 etseq. ("Development Agreement Regulations"), which authorize tlie execution of development agreements and set foith the required contents and form of those agreements. The provisions of the Development Agreement Statute and the City's Development Agreement Regulations are collectively referred to herein as tlie "Development Agreement Law." C. Developer is the owner of that certain real property consisting of approximately 1.29 acres (approximately 56,000 square feet) in size located at 10931 N. De Anza Boulevard, Cupertino, CA 5014; Assessor's Parcel No. 326-10-061 ("Property") more paiticularly described in Exhibit A and depicted in Exhibit B, both attached hereto and incorporated herein. The Property is currently developed with an 8,323 square foot cornrnercial building operating as a Goodyear Auto Service Center. This Agreement applies only to the Property and does not affect or burden any other real property owned by Developer and/or its Affiliated Parties D. Developer submitted applications to the City for a General Plan text amendment (GPAAUTH-2018-01;) ("General Plan Amendment"), a Development Permit (DP-2018-01) ("Development Permit"), an Architectural and Site Approval Permit (ASA-2018-02) (the "Architectural and Site Approval Permit"), a Use Permit (U-2018-02) ("Use Permit"), and a Development Agreement (DA- 2018-01). These applications are in :[urtherance of the request by Developer to remove the existing structures and facilities and develop on the Project Site a new full-service boutique hotel comprising six stories above ground plus four levels of underground parking, containing 156 hotel rooms, meeting rooms, a restaurant, a roo'ftop bar, and associated 1 CC 04-21-20 43 of 548 amenities, facilities and infrastructure (the "Project"). The Project is described in more detail in Exhibit C, attached hereto and incorporated herein. E. TheProjectisthesubjectofaMitigatedNegativeDeclaration(EA-2018-03) ("MND") prepared pursuant to the California Environmental Quality Act ("CEQA") (Public Resources Code sections 21000 et seq.:). The MND is tiered from the General Plan EIR in accordance with sections 15152 and 15168 of the CEQA Guidelines and CEQA section 21094. F. After a duly noticed public hearing, the Planning Commission on recommended to the City Council adoption of the MND, and approval of the General Plan Amendment, Development Permit, Architectural and Site Approval Permit, Use Permit, Tree Removal Permit, Exception Permit, and this Development Agreement. G. Prior to or concurrently with approval of this Agreement, the City has taken the following actions to review and plan development and use of the Project (collectively, the "Existing Approvals"): 1.Adoption of the MND by Resolution No.adopted by the City Council on 2. Approval of the General Plan Amendment by Resolution No. adopted by the City Council on 3. Approval of the Development Permit by Resolution No. adopted by the City Council on ; 4. Approval of the Architectural and Site Approval Permit by Resolution No. adopted by the City Council on ; and 5.Approval of the Use Permit by Resolution No.adopted by the City Council on H. It is the intent of City and Developer to establish certain conditions and requirements related to review, approval, development and operation of the Project, which are or will be the subject of this Agreement and possibly subsequent development applications and land use entitlements if found to be desired or required. I. City specifically finds, as required by Municipal Code section 19.144.110 and as reflected in the Enacting Ordinance, that approving this Agreement for the Project will promote orderly growth and quality development in accordance with the goals and policies set forth in the General Plan; is compatible with the uses authorized in, and the regulations prescribed for, the district in which the Property is located; will promote the public convenience, general welfare, and good land use practice; will promote development which is not detrimental to the health, safety and general welfare; will not adversely affect the orderly development of property or the preservation of property value; and will promote and encourage development of the Project by providing a greater degree of requisite certainty. City also finds that the Project will provide substantial public benefits as described in this Agreement. 2 CC 04-21-20 44 of 548 J. City and Developer have reached mutual agreement and desire to voluntarily enter into this Agreement to facilitate development and operation of the Project subject to the conditions and requirements set forth herein. K. City has given the required notice of its intention to adopt this Agreement and has conducted public hearings thereon under Government Code section 65867 and Municipal Code section 19,l44,090, City has reviewed and evaluated this Agreement in accordance with the Development Agreement Law and found that the provisions of this Agreement and its purposes are consistent with the Development Agreement Law and the goals, policies, standards, and land use designations specified in the General Plan. L. Following a duly noticed public hearing, on the City Council introduced Ordinance No. approving this Agreement and authorizing its execution, and adopted that Ordinance on ("Enacting Ordinance"). AGREEM ENT NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and other valuable consideration, the Parties hereby agree as follows: ARTICLE 1 DEFINITIONS 1.1 Definitions. 'Administrative AgreementAmendment" is defined in Section 8.3.3. 'AdministrahveProjectAmendment" is defined in Section 8.2.1. 'Accepted Conditiom of Title" is defined in Section 5.8 and shall be listed in Exhibit E. 'AffiliatedParty" is defined in Section 10.1.2. ",4greement" or "DevelopmentAgreemerit" shall mean this DeveIopment Agreement between City and Developer, including all Exhibits hereto. ",4nntm/ Review Form" is defined in Section 6. 1.2. ",4pplicable City Regulations" is defined in Section 3.4. 'Applicable Law" means the Applicable City Regulations and all State and Federal laws and regulations applicable to the Property and the Project as such State and Federal laws and regulations may be enacted, adopted and amended from time to time, as more particularly described in Section 3.8 (Changes in the Law), "1,4rchitectural and SiteApproval Permit" is defined in Recital D. "1,4ssigyxee " is defined in Section 10. 1.1, 3 CC 04-21-20 45 of 548 'Assigixment" is defined in Section 10.1.3. "Euilding Permit" means a building permit issued by the City for the verticaI construction of any building (or buildings) within the Project, and shall not include any demolition permit, grading permit, or building permit issued for a foundation or subterranean parking garage. "Eusiness License Requirement" is defined in Section 5.4. "CEQA " means the California Environmental Quality Act, California Public Resources Code sections 21000, et seq., as amended from time to time. "CEQA Guidelines " means the State CEQA Guidelines (California Code of Regulations, Title 14, sections 15000, et seq.), as amended from time to time. "Certificate " is defined in Section 6. 1.4. "Chaxiges iii the Law" is defined in Section 3.8. "City " means the City of Cupertino. "City Coyincir' means to the City Council of the City of Cupertino. "City Manager" means the City's City Manager or his or her designee. "C% Parties " means and includes City and its elected and appointed officials, officers, employees, contractors, and representatives. "Claims" means liabilities, obligations, orders, claims, damages, fines, penalties, and expenses, including attorneys' fees and costs. "Community Amenity Payment" is defined in Section 5.1.1. "Coymection Fees " means those fees charged by City on a citywide basis or by a utility provider to utility users as a cost for connecting water, sanitary sewer, and other applicable utilities, except for any such fee or portion thereof that constitutes an Impact Fee. "Construction Tax" is defined in Section 4.4. "Consumer Price Index" shall mean the cumulative Consumer Price Index for All Urban Consumers (CPI-U), as defined in Cupertino's CMC Section 5.04.460 (and as reflected in the most recent report of consumer prices for the San Francisco/Bay Area Standard Metropolitan Statistical Area as published by the U.S. Department of Labor, Bureau of Labor Statistics) or if such index is no longer available by a comparable index as reasonably selected by City. "Defagdt" is defined in Section 12.1. "Developel' means Northwest Properties LP, a California limited partnership and its permitted successors, assigns, and Affiliated Paities (as defined in Section 10.1.2). 4 CC 04-21-20 46 of 548 "DevelopmentAgreemem" or "z4greement" means this Development Agreement between City and Developer, including all Exhibits hereto. "DevelopmentAgreementLaw" is defined in Recital B. "DevelopmentAgreement Regtdations " is defined in Recital B. "DevelopmentAgreement Statute " is defined in Recital A. "DevelopmentPermit" is defined in Recital D. "Development Project" means a development project as defined by section 65928 of the California Government Code. Notwithstanding section 65928 of the California Goverrment Code, Development Project shall also include all ministerial approvals required to carry out, construct, reconstruct, and occupy such a development project. "Effective Date " means the date that this Agreement becomes effective as determined under Section 2. 1. "Enacting Ordinarxce " refers to the Ordinance identified in Recital L. "Exactions" means exactions that may be imposed by the City as a condition of developing the Project, including requirements for acquisition, dedication, or reservation of land; and obligations to construct on-site or off-site public and private infrastructure improvements such as roadways, utilities, or other improvements necessary to support the Project, whether such exactions constitute subdivision improvements, mitigation measures in coru'iection with environmental review of the Project, or impositions made under Applicable City Regulations. For prirposes of this %reement, Exactions do not include Impact Fees. "ExistingApprovals" means and includes those permits and approvals for the Project granted by City to Developer as of the Effective Date as set forth in Recital G. "Existing Impact Fees" is defined in Section 4.1. "General Plan " means City's Cupertino General Plan: Community Vision 2015-2040, as amended through the Effective Date. ('Generpl Plan Amendment" is defined in Recital D. "General Plan EIR" means the General Plan Amendment, Housing Element Update, and Associated Rezoning Environmental Impact Report (EIR) that was certified by the City Council in December 2014 and the addendum to that EIR that was approved by the City Council in October 2015. 'Vmpact Fees " means the monetary amount charged by City in connection with a Development Project for the purpose of defraying all or a poition of the cost of mitigating the impacts of the Development Project or development of the public facilities related to the Development Project, including, any "fee" as that term is defined by Government Code section 5 CC 04-21-20 47 of 548 66000(b). For purposes of this Agreement, a fee that meets both the definitions of an Impact Fee and an Exaction will be considered to be an Impact Fee. Impact Fees do not include Other Agency Fees. "Laws" means the Constitution and laws of the State, the Constitution of the United States, and any codes, statutes, regulations, and executive mandates thereunder, and any couit decision, State or federal, thereunder. "Litigation C1iallenge " is defined in Section 9.3. "MajorAgreementAmendmerit" is defined in Section 8.3.2. "AilajorProjectAmeridmezit" is defined in Section 8.2.2. "Material Condemnation " is defined in Section 13.1. "Meetirxg Room Eemfit" is defined in Section 5.1.3. "Minimum Hotel Standard" is defined in Section 5.3. 'MND " or Mitigated Negative Declaration is defined in Recital E. "Mortgage " is defined in Section 11.1 and means any mortgage, deed of trust, security agreement, and other like security instrument encumbering aIl or any portion of the Property or any of Developer's rights under this Agreement. "Mortgagee " means the holder of any Mortgage, and any successor, assignee, or transferee of any such Mortgage holder. "Mtmicipal Code" means and refers to the City of Cupertino's Municipal Code, as amended from time to time. "New City Laws" means and includes any ordinances, resolutions, orders, rules, official policies, standards, specifications, guidelines, or other regulations, which are promulgated or adopted by the City (including but not limited to any City agency, body, department, officer, or employee) or its electorate (through their power of initiative or otherwise) a:[ter the Effective Date. "Notice of Ereach" is defined in Section 12.1. "OtherAgency Fees" is defined in Section 4.3. "OtherAgency SubsequentApprovals " means approvals, entitlements, and permits required for development or use of the Project to be obtained from entities other than the City. "Parties " shall mean City and Developer. "Permitted Delay " is defined in Section 13.4. 6 CC 04-21-20 48 of 548 "Planning Commissiorx " means the City of Cupertino Plaru'iing Commission. "Prevailing Wage Laws" is defined in Section 9.2. "Processing Fees " means all fees for processing Development Project applications, including any required supplemental or other further environmental review, plan checking and inspection and monitoring for land use approvals, design review, grading and building permits, General Plan maintenance fees, and other permits and entitlements required to implement the Project, which are in effect at the time those permits, approvals or entitlements are applied for, and which are intended to cover the actual costs of processing the foregoing. "ProjectApprovals " means the Existing Approvals and all Subsequent Approvals. "Project" is defined in Recital D. "Property " is defined in Recital C. "Public Benefit Covenants" is defined in Section 5.7. "Rooflop Amenity" is defined in Section 5.1.8. "Sliuttle Service" is defined in Section 5.1.2. a'STR" or Smith Travel Research is defined in Section 5.3. "SubsequentApprovals" is defined in Section 7.1. "Surviving Provisions" is defined in Section 12.9. "Term " is defined in Section 2.2. "Terminatiotx" is defined in Section 12.3. "TOT' or Transient Occupancy Tax is defined in Section 5.2. "TOT In-lieu Payment" is defined in Section 5.2. "TOT Law" is defined in Section 5.2. "TOT Requirement" is defined in Section 5.2. "Tree Removal Permit" is defined in Recital D. "Use Permit" is defined in Recital D, 7 CC 04-21-20 49 of 548 ARTICLE 2 EFFECTIVE DATE AND TERM 2,I Effective Date. The Effective Date of this Agreement shall be the later of (a) the date that is thirty (30) days after the date the Enacting Ordinance is adopted, or (b) the date this Agreement is :[ully executed by the Parties. The Effective Date is inserted at the begiru'iing of this Agreement. The Parties acla'iowledge that section 65868.5 of the Development Agreement Statute requires that this Agreement be recorded with the County Recorder no later than ten (10) days after the City enters into this Agreement, and that the burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all permitted successors in interest to the Parties to this Agreement. The City Clerk shall cause such recordation. 2.2 Term of Agreement. The "Term" of this Agreement shall commence on the Effective Date and shall expire on the fi:tth (5'l1) anniversary of the Effective Date, unless earlier terminated or extended by mutual written consent of the Parties hereto in accordance with the requirements of Section 8.1, below. 2.3 City Representations and Warranties. City represents and warrants to Developer that, as of the Effective Date: 2.3. 1 City is a municipal corporation and has all necessary powers under the laws of tlie State of California to enter into and perform the rindertakings and obligations of City under this Agreement. 2.3.2 The execution and delivery of this Agreement and the performance of the obligations of the City hereunder have been duly authorized by all necessary City Council action and all necessary City approvals have been obtained. 2.3.3 This Agreement is a valid obligation of City and is enforceable in accordance with its terms. During the Term of this Agreement, City shall, upon learning of any fact or condition which would cause of any of the warranties and representations in this Section 2.3 not to be trrie, immediately give written notice of such fact or condition to Developer. 2.4 Developer Representations and Warranties. Developer represents and warrants to City that, as of the Effective Date: 2.4. 1 Developer is duly organized and validly existing under the laws of the State of California, and is in good standing and has all necessary powers under the laws of the State of California to own property interests and in all other respects enter into and perform the undeitakings and obligations of Developer under this Agreement. 2.4.2 The execution and delivery of this Agreement and the performance of the obligations of Developer hereunder have been duly authorized by all necessary partnership action and all necessary partner approvals have been obtained. 8 CC 04-21-20 50 of 548 2.4.3 This Agreement is a valid obligation of Developer and is enforceable in accordance with its terms. 2.4.4 Developer has not (a) made a general assignment for the benefit of creditors; (b) filed any voluntary petition in bankruptcy or suffered the filing of any involuntary petition by Developer's creditors; (c) suffered the appointment of a receiver to take possession of all, or substantially all, of Developer's assets; (d) suffered the attachment or other judicial seizure of all, or substantially all, of Developer's assets; or (e) admitted in writing its inability to pay its debts as they come due. 2.4.5 Developer and/or its Affiliated Parties are in the business of developing and owning real estate. Developer and its Affiliated Parties have sufficient financial resources to undertake development of the Project and thereafter operate or cause the hotel to be operated as described in Section 5.3 and as otherwise intended by this Agreement. The entity that operates the hotel, whether Developer, one of its Affiliated Parties, or any third-party entity that Developer arranges for such purpose, shall satisfy the qualifications for an Assignee as described in Section 10.l.l to the extent applicable. During the Term of this Agreement, Developer shall, upon learning of any fact or condition that/ would cause any of the warranties and representations in this Section 2.4 not to be true, immediately give written notice of such fact or condition to City. ARTICLE 3 DEVELOPMENT OF THE PROPERTY 3.1 Vested Rights. The Property is hereby made subject to the provisions of this Agreement. Developer shall have the vested right to develop the Property and the Project in conformance with the Existing Approvals, the Subsequent Approvals, Applicable Law and this Agreement, as may be amended from time to time pursuant to this Agreement, which shall control the permitted uses, density, and intensity of use of the Property and the maximum height and size of buiIdings on the Property. 3.2 Life of Approvals. Pursuant to Government Code section 66452.6(a) and this Agreement, the life of tlie Project Approvals shall automatically be extended to and until the later of the following: (1) the end of the Term of this Agreement; or (2) the end of the term or life of any such Project Approval. Notwithstanding the foregoing, the vested elements secured by Developer under this Agreement shall have a life no greater than the Term of this Agreement. 3.3 Permitted Uses. The permitted uses for the Propeity and the Project are those set forth in the Project Approvals, and include the following: 3.3.1 Up to 156 hotel rooms in one building of six above-grade stories with a fitness facility and amenities customary for a hotel meeting the Minimum Hotel Standard; 3.3.2 four levels of below-grade parking; 3.3.3 a restaurant/bar with an outdoor patio, to be open to the general public; 9 CC 04-21-20 51 of 548 3.3.4 a rooftop lounge and/or bar; and 3.3.5 rooms suitable for meetings, conferences, banquets and similar uses. The details for eacli component are subject to the Project and Agreement amendment processes as set forth in Sections 8.2 and 8.3 herein. In the event of a conflict between the Existing Approvals and the terms of this Section 3.3, the Existing Approvals shall govern. 3.4 Applicable City Regulations. The laws, rules, regulations, official policies, standards and specifications of City applicable to the development, use and operation of the Property and the Project shall be (collectively, "Applicable City Regulations"): 3.4. I Those rules, regulations, official policies, standards, and specifications of the City set forth in the Project Approvals and this Agreement; 3.4.2 With respect to matters not addressed by and not otherwise inconsistent with the Project Approvals and this Agreement, those laws, rules, regulations, official policies, standards and specifications (including City ordinances and resolutions) governing permitted uses, building locations, timing and manner of construction, densities, intensities of uses, maximum heights and sizes, design, set-backs, lot coverage and open space, parking, landscaping, requirements for on- and off-site infrastnicture and public improvements and Exactions, in each case only to the extent in full force and effect on the Effective Date; 3.4.3 Except as may be addressed in the Project Approvals, New City Laws that relate to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recornrnendations, appeals and any other matter of procedure imposed at any time, provided that such New City Laws are uniformly applied on a City-wide basis to all substantially similar types of Development Projects and properties, and such procedures are not inconsistent with procedures set fortli in this Agreement; 3.4.4 New City Laws that revise City's uniform construction codes, including City's building code, plumbing code, mechanical code, electrical code, fire code, grading code and other uniform construction codes, as of the date of permit issuance, provided that such New City Laws are uniformly applied on a City-wide basis to all substantially similar types of Development Projects and properties; 3.4.5 New City Laws that are necessary to protect the physical health and safety of the priblic, provided that such New City Laws are uniformly applied on a City-wide basis to all substantially similar types of Development Projects and properties; 3.4.6 New City Laws that do not conflict with this Agreement or the Project Approvals, provided that such New City Laws are uniformly applied on a City-wide basis to all substantially similar types of Development Projects and properties; and 3.4.7 New City Laws that do not apply to the Property and/or the Project due to the limitations set forth above, but only to the extent that such New City Laws are accepted in writing by Developer in its sole discretion. 10 CC 04-21-20 52 of 548 3.5 Timing of Development. Developer shall have no obligation to develop the Project or any component of the Project. Without any Iimitation of the foregoing, it is the desire of tlie Paities hereto to avoid the result in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, in which the California Supreme Court held that the failure of the paities therein to consider, and expressly provide for, the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over such parties' agreement. Therefore, notwithstanding the adoption of any initiative after the Effective Date by City's electorate to the contrary, the Parties acla'iowledge that, except as otherwise provided for in this Agreement, Developer shall have the vested right during the Term and any extensions thereof to develop the Project at such time as Developer deems appropriate in the exercise of its sole and subjective business judgment. 3.6 Compliance with Laws. Developer, at its sole cost and expense, shall comply with the requirements of, and obtain all permits and approvals required by local, State and Federal agencies having jurisdiction over the Property or Project. Furthermore, Developer shall carry orit the Project work in conformity with all Applicable Law, including applicable state labor laws and standards; Applicable City Regulations; and all applicable disabled and handicapped access requirements, including the Americans With Disabilities Act, 42 U.S.C. sections I2101 etseq., Government Code sections 4450 etseq., Government Code sections 11135 et seq., and the Unruh Civil Rights Act, California Civil Code sections 51 et seq, 3.7 No Conflicting Enactments. Except as otherwise provided in this Agreement, City shall not impose on the Project (whether by action of the City Council or by initiative, referendum or other means, including development moratorium or additional Project conditions on Subsequent Approvals) any New City Law that is in conflict with this Agreement or the Existing Approvals or, once approved, the Subsequent Approvals. Without Iimiting the generality of the foregoing, except as otherwise provided herein, City shall not (a) apply to the Property any change in land use designation or permitted use, density or intensity of development of the Propeily; (b) apply to the Property any change in off-site infrastructure or utility requirements or limit or control the availability of or ability to obtain public utilities, services, or facilities (provided, however, nothing herein shall be deemed to exempt the Project or the Property from any water use rationing requirements that may be imposed from time to time in the future and nothing herein shall be deemed a commitment to reserve potable water or sanitary sewer capacity which the Parties acla'iowledge City does not control); (c) modify or control building setbacks, square footages or heights; the location of buildings and structures; parking requirements; or grading in a manner that is inconsistent with or more restrictive than the terms included in the Existing Approvals or this Agreement; or (d) limit or control the rate, timing, phasing or sequencing of the approval, development or construction of all or any part of the Project. 3.8 Changes in the Law. As provided in section 65869.5 of the Development Agreement Law, this Agreement shall not preclude the applicability to the Project of changes in laws, reguIations, plans, or policies, to the extent tliat such changes are specifically mandated and required by changes in State or Federal laws or by changes in laws, regulations, plans or policies of special districts or other governmental entities, other than the City, created or operating pursuant to the laws of the State of California ("Changes in the Law"). If Changes in the Law prevent or preclude compliance with one or more provisions of this Agreement, the Parties shall 11 CC 04-21-20 53 of 548 meet and confer in good faith in order to determine whether such provisions of this Agreement shall be modified or suspended, or performance thereof delayed, as may be necessary to comply witli Changes in the Law. Nothing in this Agreement shall preclude Developer from contesting by any available means (including administrative or judicial proceedings) tlie applicability to the Project of any such Changes in tlie Law. 3.9 Initiatives and Referenda. If any New City Law is enacted or imposed by initiative or referendum, or by the City Council directly or indirectly in connection with any proposed initiative or referendum, which New City Law would conflict with this Agreement or reduce the development rights provided by this Agreement and the Project Approvals, such New City Law shall not apply to the Project. No moratorium or other limitation (whether relating to the rate, timing, phasing, density, height or sequencing of development) affecting subdivision maps, building permits or other entitlements to use property that are approved or to be approved, issued or granted within the City, or portions of the City, sliall apply to the Project. City, except to submit to vote of the electorate initiatives and referendums required by Applicable Law to be placed on a ballot, shall not adopt or enact any New City Law, or take any other action which would violate the express provisions of this Agreement or the Project Approvals. Developer reserves the right to challenge in court any New City Law that would conflict with this Agreement or reduce the vested development rights provided by this Agreement. Notwithstanding the foregoing, the Parties acla'iowledge that City's approval of this Agreement is a legislative action subject to referendum. Developer further acknowledges and agrees that City does not have authority or jurisdiction over any other public agency's ability to grant governmental approvals or permits or to impose a moratorium or other limitation that may affect the Project. 3.10 RegulationbyOtherPublicAgencies. Developeracknowledgesthatotherpublic agencies not within the control of City possess authority to regulate aspects of the development of the Property separately from or jointly with City, and this Agreement does not limit the authority of such other public agencies. Developer will, at the time required in accordance with Developer's project and construction schedule, apply for all such other permits and approvals as may be required by other governmental or quasi-governmental entities in connection with the development of, or the provision of services to, the Project. Developer acknowledges that City does not control the amount of any fees imposed by such other agencies. If such fees are imposed upon Developer and are in excess of those allowed by Applicable Law and Developer wishes to object to such fees, Developer may pay such fees under protest. City agrees not to delay issuance of permits or other Subsequent Approvals and entitlements under these circumstances, provided Developer provides City with proof of payment of such fees. 3.11 No Reservation of Sanitary Sewer or Potable Water Capacity. City has found the Project to be consistent with the General Plan that anticipates that there will be sufficient potable water and sanitary sewer capacity to serve future development contemplated by the General Plan, including the Project, through the Term. However, nothing in this Agreement is intended to provide any reservation of potable water or sanitary sewer capacity. 12 CC 04-21-20 54 of 548 ARTICLE 4 FEES 4, l Impact Fees. Except as otherwise expressly provided herein, during the Term and any extension thereof City shall have the right to impose and Developer shall pay only such Impact Fees as City has adopted as of the Effective Date, including those set forth in the Project ApprovaIs ("Existing Impact Fees"). For convenience of reference, the Existing Impact Fees are identified in Exhibit D attached hereto and incorporated herein. Any Existing Impact Fees that are in existence as of the Effective Date but are inadvertently omitted from Exhibit D may still be charged. In the event of such inadvertent omission, the Parties shall revise Exhibit D to correct such error. Payment of the Existing Impact Fees shall be at the rates in effect. when such fees are due. Notwithstanding the above and sutject to Developer's right to protest and/or pursue a challenge in law or equity to any new or increased Impact Fees, if City elects in its sole discretion to approve any extension to the Term, in addition to the Existing Impact Fees it may impose any new or increased Impact Fees City may have duly adopted as of the date of such approval. 4.2 Processing Fees. Subject to Developer's right to protest and/or pursue a challenge in law or equity to any new or increased Processing Fee, City may charge and Developer agrees to pay all Processing Fees for processing Development Project applications, including but not limited to any required supplemental or other further environmental review, plan checking and inspection and monitoring for land use approvals, design review, grading and building permits, General Plan maintenance fees, and other permits and entitlements required to implement the Project, at the rates which are in effect on a City-wide basis at the time those permits, approvals, entitlements, reviews or inspections are applied for, requested, or required. Without limiting the above, by entering into this Agreement Developer accepts and shall not protest or challenge imposition of the types and amounts of Processing Fees in effect as of the Effective Date. 4.3 0ther Agency Fees. Nothing in this Agreement shall preclude City from collecting fees from Developer that are lawfully imposed on the Project by another agency having jurisdiction over the Project, which the City is required to collect on behalf of such other agencies ("Other Agency Fees"). 4.4 Taxes and Assessments. City may impose and Developer agrees to pay any and all existing, new, modified, or increased taxes and assessments imposed in accordance with the laws in effect as of the date due, at the rate in effect at the time of payment, including without limitation, the construction taxes imposed by Chapter 3.32 of the Municipal Code ("Construction Tax"). 4.5 Connection Fees. Subject to Developer's right to protest and/or pursue a challenge in law or equity to any new or increased Connection Fee, City may charge, and Developer shall pay any Connection Fee that is lawfully adopted. 13 CC 04-21-20 55 of 548 ARTICLE 5 PUBLIC BENEFITS 5. I Public Benefits Obligations. In consideration of the rights and benefits conferred by City to Developer under this Agreement, Developer shall perform the public benefit obligations and pay to City the contributions set forth in this Article 5 all within the times set forth herein. 5.1. I Community Amenity Funding. Developer agrees to pay City Five Hundred Thorisand Dollars ($500,000.00) in installments as described below, for City's use in the City Council's discretion subject to the following suggested guidelines ("Community Amenity Payment"), which payment shall be in addition to any Impact Fees otherwise due. Once paid, each installment of the Cornrnunity Amenity Payment shall be nonrefundable, except as provided in Section 5.1.1.2 below. 5.1.1.1 The Community Amenity Payment shall be made in installments as follows: (1) Within ninety (90) days after the Effective Date, Developer shall pay City a first installment of the Community Amenity Payment in the amount of Fi'fty Thousand Dollars ($50,000.00). (2) On or before December Ist of each year, begiru'iing on the first December Ist after the Effective Date, until the Community Amenity Payment is paid in full, as part of each aru'iual review and together with submission of the Annual Review Form, Developer shall pay City an installment of the Community Amenity Payment in the amount of Fifty Thorisand Dollars ($50,000.00). (3) At the time of issuance of the first Building Permit for the Project, Developer shall pay twenty-five percent (25%) of the remainder of the Community Amenity Payment. (4) At the time of issuance of the first Certificate of Occupancy for the Project, Developer shall pay the remainder of the Community Amenity Payment. (5) In the event of a Litigation Challenge (described below in Section 9.3), all unpaid Community Amenity Payment installments shall be postponed until final resolution of the Litigation Challenge. 5.1.1.2 Exceptasspecifiedherein,theCommunityBenefitPayment installments Developer pays to City shall be nonrefundable even if the Project is not built or occupied, and Developer acknowledges that such installments and the timing of their payment constitute partial consideration for City entering into this Agreement and are paid at Developer's risk. Notwithstanding the above, if this Agreement is terminated or the Project is not constructed due to City's bad faith action or failure to act regarding the Project Approvals leading to the City's uncured Default, whicli is not resolved after completion of the dispute resolution process 14 CC 04-21-20 56 of 548 in Section 12.8, then upon final judgment by a court of competent jurisdiction in Developer's favor such payments shall be refundabIe to DeveIoper. 5.1.1.3 Funds may be used in any part of the City to benefit residents, businesses, and visitors, including on projects tliat will enhance and enrich the experience of the most proximate City residents, retail and restaurant customers, and hotel guests. 5.1.1.4 Without limiting City's discretion in its use of the Cori'ununity Amenity Payment, the following types of uses or activities have been identified as candidates: (1) Local transportation facilities, such as bicycle lanes, projects identified in the 2016 Cupeitino Bicycle Transportation Plan, or projects identified in the 2018 Cupertino Pedestrian Transportation Plan (without replacing fair-share impact fees also owed by Developer); (2) Start-up costs for the Transportation Management Association ("TMA"); (3) Permanent local public art projects or temporary exhibits (in addition to any public art installation or payment otherwise owed); and (4) Landscaping beautification improvements in public parks, parkways or roadway medians. 5.1.2 Shuttle Service. To reduce automobile use in Cupertino, with the attendant effects on traffic and air quality, Developer shall provide a shuttle service available for the following purposes (the "Shuttle Service"): 5.1,2. 1 for hotel guests traveling between the hotel and San Jose and San Francisco International Airpoits and major employment centers ("Destinations") and for residents of the City between the hotel and Destinations at reduced rates; 5.1,2.2 subject to availability, for residents of City, employees of businesses located in the City, and the general public ("Non-Hotel Shuttle Passengers") to travel between the Project and Destinations. Developer shall charge Non-Hotel Shuttle Passengers a fee that does not exceed fifty percent (50%) of any fee Developer charges hotel guests for the shuttle service. (If DeveIoper does not charge hoteI guests for the shuttle service, then Developer shall not charge Non-Hotel Shuttle Passengers for the shuttle service.) Developer shall establish a process for informing Non-Hotel Shuttle Passengers of shuttle schedules and the oppoztunity to reserve space in the shuttles, including, but not limited to, information on the Project's website(s), on-line reservations, and by posting signs with lettering in 48-point type (or larger) in prominent locations in the common areas of the Project. 5.13 Meeting Rooms. Developer shall allow City and Cupertino Public Schools to use up to 100% of the Project's meeting rooms on a complimentary basis for official City business purposes and for educational purposes ("Meeting Room Benefit"). The City/School shall request reservations for the Meeting Room Benefit at least fifteen (15) days in advance of any proposed use. The Meeting Room Benefit shall be limited to twelve (12) days 15 CC 04-21-20 57 of 548 per year. Each day of a multiple-day event shall be considered a separate day for purposes of calculating the 12-day per year limit. Unused days from one calendar year shall not be carried over to the following year. Such use shall be subject to availability, but an existing City/School reservation cannot be canceled in favor of a paying user within fifteen (15) days before the City/Scl'iool event, Developer shall provide complimentary utilities and audio-visual services for the City/School event. Developer shall make catering services for such uses available at a twenty-five percent (25%) discount from regular charges (provided, however, that to the extent the discount results in a charge less tlian the actual costs of the catering services, user shall be reqriired to pay tlie actual costs), but the user will not be required to use the Project's catering services. The City/School user may incorporate the Project's logo and photos of the Project interior and exterior in promotional materials for the event. The Project shall provide marquees or other signs in the common areas of the Project identifying the event and directing persons to the location of the event. 5,1,4 Rooftop Amenity. The Project shall include an enclosed publicly accessible rooftop amenity ("Rooftop Amenity"), including but not limited to outdoor deck seating, bar, or restaurant, not to exceed the height of any roo:ftop mechanical equipment enclosure, for as long as the Project, all or in part, is in operation as a hotel. The Rooftop A+nenity will likely be used for weddings, community events, birthday parties, graduations, baptisms, company events, or other types of events ("Events"). The Rooftop Amenity will be closed to the general public during preparation for and during Events. At all other times, seven days per week except holidays, the Rooftop Arnenity shall be open to the public for lunch between 11:30 am or other time based on demand and close at an appropriate time in the afternoon based on demand. The Rooftop Amenity shall be open to the public again at 5:30 pm and close at 10:00 pm or other time based on demand. Developer shall place advertisements in local media and post signs in the lobby of the Project notifying the public of the availability of the Rooftop Amenity and the hours of operation. 5.2 Transient Occupancy Tax Requirement. In consideration of the rights and benefits conferred by City to Developer under this Agreement, and in recognition that the transient occupancy tax ("TOT") to be generated by the hotel is a significant incentive for City to enter into this Agreement, any hotel or similar business operating on the Property shall comply with the provisions of California Revenue and Taxation Code section 7280, Municipal Code section 3.12 and any other applicable law (collectively, "TOT Law"), as they may change from time to time, so as to assure that the TOT may be collected from tlie rentor of a room at the hotel ("TOT Requirement"). Without limiting the foregoing, to the extent permitted by law Developer shall not allow any person to occupy a particular room for longer than thirty consecutive calendar days, counting poitions of days as full days, and shall require any person desiring to stay longer to check out of the hotel and check back in to the hotel more than 24 hours after checking out, or otherwise as may be required by the TOT Law, so as to preserve the ability to collect the TOT from such persons. Developer shall collect the TOT from all rentors unless such rentor has been exempted by City and has documented such exemption as may be required by the TOT Law. Developer shall charge the TOT at the rate adopted by City, as it may change from time to time, and remit the TOT to City as required by City regulations. If despite the prohibition on rentals of more than thirty (30) any person's stay, for any reason, extends beyond the time allowed under the TOT Law for collection of TOT, so that Developer may no longer collect TOT for the additional days, Developer shall pay City an amount equivalent to the 16 CC 04-21-20 58 of 548 TOT that otherwise might have been collected (the "TOT In-lieu Payment"), remitted along with TOT collected. 5.3 Upscale Hotel. Developer has represented to City that the Project will provide a facility described as an "upper upscale boutique hotel", which City interprets in part to mean that the hotel will charge higher rates and will provide better amenities than most hotels, which in turn means that the hotel will generate more TOT and add to Cupertino's prestige. City has relied on this characterization and benefits as an incentive to enter into this Agreement. Therefore, any hotel or similar business operating on the Property shaIl meet or exceed the standards to quali'fy as "Upper Upscale" as promulgated by Smith Travel Research ("STR"), or if the STR rating system no longer is available then another similar source of hotel rating mutually acceptable to the Parties (the "Minimum Hotel Standard"). 5.4 City of Cupertino Business License. Developer, at its expense, shall obtain and maintain a City of Cupertino business license at all times and shall include a provision in all general contractor agreements for the Project requiring each such general contractor to obtain and maintain a City of Cupertino business license during performance of construction work ("Business License Requirement"). 5.5 Sales Tax Point of Sale Designation. Developer shall use good faith, diligent efforts to the extent allowed by law to require all persons and entities providing bulk lumber, concrete, structural steel, and pre-fabricated building components, such as roof trusses, to be used in coru'iection with the construction and development of, or incorporated into, the Project, to (a) obtain a use tax direct payment permit; (b) elect to obtain a subcontractor permit for the job site of a contract valued at Five Million Dollars ($5,000,000) or more; or (c) otherwise designate the Property as the place of use of material incorporated in the Project to have the local portion of the sales and use tax distributed directly to City instead of through the county-wide pool. Developer shall instruct its general contractor(s) for the Project to, and shall cause such general contractor(s) to instruct its/their subcontractors to, cooperate with City to ensure that the local sales/use tax derived from construction of the Project is allocated to City to the fullest extent possible. To assist City in its efforts to ensure that such local sales/use tax is so allocated to City, Developer shall on an annual basis, or more frequently upon City's request, provide City with such information as shall be reasonably requested by City regarding subcontractors working on the Project with contracts in excess of the amount set forth above, including a description of all applicable work and materials and the dollar value of such subcontracts, and, if applicable, evidence of their designation, such as approvals or applications for the direct payment permit, of City as the place of use of such work and materials. City may use such information to contact eacli subcontractor who may qualify for local allocation of use taxes to City. 5.6 Waiver of Certain Rights in Connection With Public Benefit Covenants. The Parties acknowledge that some of the Public Benefit Covenants offered by Developer in this Section 5 may exceed those necessary to address impacts of development of the Project, and that absent this Agreement, such "non-nexus" Public Benefit Covenants may not legally be required of Developer or imposed as conditions of the Project Approvals or Subsequent Approvals. Developer understands and acla'iowledges the foregoing, and further acknowledges that, but for its willingness to enter into this Agreement to confirm its willingness and obligation to provide the Public Benefit Covenants, the City would not have approved the Project. In addition, 17 CC 04-21-20 59 of 548 Developer acknowledges that the provisions in this Agreement for all Exactions and payment by Developer of Impact Fees constitute a material inducement to the City in its decision to enter into this Agreement. On the basis of the foregoing, Developer waives any right under Laws to object to, challenge, or contest the requirements in this Agreement for the provision of the Public Benefit Covenants, including applicable provisions of Government Code sections 66020-66025, as tlie same may hereafter be amended from time to time, and the provisions of Government Code sections 65958 and 65959 as the same may hereafter be amended from time to time. In addition, Developer waives such rights in connection with the imposition of conditions of approval and other obligations as part of Project Approvals and Subsequent Approvals under this Agreement, to the extent that such conditions and obligations are not inconsistent with the provisions of this Agreement and the Applicable City Regulations. The provisions of this Section 5.7 shall survive the expiration of the Term or Termination of this Agreement as Surviving Provisions and shall remain in effect until performance by the Parties of their obligations under this Section 5 in full. 5.7 0ngoing Obligations. The public benefit obligations required in this Article 5 ("Public Benefit Covenants") are ongoing obligations that shall survive and continue in effect after the expiration of the Term of this Agreement and after Termination of this Agreement, shall be binding on the successors and assigns of the Parties, and the burdens and benefits of this Agreement shall inure to all successors in interest to the Parties in accordance with Government Code section 65868.5 and the following criteria. 5,7.1 No later than 10 days after the Effective Date, the Clerk of the City Council shall record a copy of this Agreement in the Official Records of the County of Santa Clara, 5.7.2 This Agreement shall be subordinate only to the Accepted Conditions of Title listed in Exhibit E. This Agreement shall not be subordinate to any Mortgage. 5.7.3 It is the intent of the Parties that each and all of the Public Benefit Covenants in this Article 5 are for the mutual benefit of the owner of the Property and adjoining City property and every portion of each thereof (the Property and adjoining City propeity collectively, the "Parcels."). Each and aII of the covenants, obligations, conditions, and restrictions set forth in this Aiticle 5 touches and concerns and shall affect, relate to, and run with the land of each of the Parcels and every portion of each thereof, and shall apply to and bind the respective successor owners of each of the Parcels and every portion of each thereof, for the benefit of each of the other Parcels and every portion of each thereof (except to the extent otherwise stated herein). Each and all of the covenants, obligations, conditions, and restrictions set forth in this Article 5 are imposed on each portion of and interest in each of the Parcels as mutual equitable servitudes in favor of each and all other portions of and interests in the Parcels and constitute covenants running with the land pursuant to applicable law, including, without limitation, section 65868.5 of the Government Code and section 1468 of the Civil Code of the State of California. 5.7.4 The Shuttle Service, Meeting Room Benefit, Rooftop Amenity, and Minimum Hotel Standard shall survive, continue, and remain in effect so long as and whenever a hotel or similar type of business operates on the Property. 18 CC 04-21-20 60 of 548 5,7.5 The City of Cupeitino Business License requirement and Sales Tax Point of Sale Designation shall survive, continue, and remain in effect so long as and whenever a hotel or similar type of business operates on the Property. ARTICLE 6 ANNUAL REVIEW 6. l Annual Review, 6,1,1 . As required by California Government Code section 65865.1 and Municipal Code section 19.144.060(H), City and Developer shall review this Agreement and all actions taken pursuant to the terms of this Agreement with respect to the development of the Project every twelve (12) months to determine good faith compliance with this Agreement. Specifically, City's annual review shall be conducted for the purposes of determining compliance by Developer with its obligations under this Agreement and document the status of Project development. Annual review shall continue after the Term, so City may determine compliance with the ongoing public benefit obligations described in Article 5. 6.1.2 Conduct of Annual Review. The annual review shall be conducted as provided in this Section 6. 1.2. By December 1st of each year, Developer shall provide documentation of its good faith substantial compliance with this Agreement and the terms of the Public Benefits Covenants during the previous calendar year, including a completed Annual Review Form in tlie form provided in Exhibit F and such other information as may reasonably be requested by the City Manager. If the City Manager finds good faith compliance by Developer with the terms of this Agreement and the Public Benefit Covenants, Developer shall be notified in writing and the review for that period shall be concluded. If the City Manager is not satisfied that Developer is performing in accordance with the terms and conditions of this Agreement or one or more of the Public Benefit Covenants, the City Manager shall prepare a written report specifying why the Developer may not be in good faith compliance, refer the matter to the City Council, and notify Developer in writing at least fifteen (15) business days in advance of the time at which the matter will be considered by the City Council. This notice shall include the time and place of the City Council's public hearing to evaluate good faith compliance with this Agreement and the Public Benefit Covenants, a copy of the City Manager's report and recommendations, if any, and any other information reasonably necessary to inform Developer of the nature of the proceeding. The City Council shall conduct a public hearing at which Developer must submit evidence that it has complied in good faith with the terms and conditions of this Agreement and the Public Benefit Covenants. Developer shall be given an opportunity to be heard at the hearing. The findings of the City Council on whether Developer has complied in good faith for the period under review shall be based upon substantial evidence in the record. If the City Corincil determines, based upon substantial evidence, that Developer has complied in good faith with the terms and conditions of this Agreement and the Public Benefit Covenants, the review for t}iat period shall be concluded. If the City Council determines, based upon substantial evidence in the record, that Developer has not complied in good faith with one or more terms and conditions of this Agreement or the Public Benefit Covenants, or there are significant questions as to whether Developer has substantially complied in good faith, the City Council, at its option, may continue the hearing and may notify Developer of the City's intent to meet and confer with Developer witliin thirty (30) days after such determination, prior to taking further action. 19 CC 04-21-20 61 of 548 Following such meeting, the City Council shall resume the hearing to further consider the matter and make a determination regarding Developer's good faith compliance. In the event the City Council determines Developer is not in good faith compliance with the terms and conditions of this Agreement, City may give the Developer a written Notice of Breach, in which case the provisions of Section 12.1, below, shall apply. 6. 1.3 Failure to Conduct Annual Review. Failure of City to conduct an annual review shall not constitute a waiver by the City of its rights to otherwise enforce the provisions of this Agreement, nor shall Developer have or assert any defense to such enforcement by reason of any such failure to conduct an annual review. 6. 1.4 Certificate of Compliance. If, at the conclusion of the annual reviesv described in Section 6. 1.2, the Developer is found to be in good faith compliance with this Agreement and the Public Benefits Covenants, City shall, upon request by Developer, issue a Certificate of Compliance ("Certificate") to Developer stating that after the most recent annual review and based upon the information actually la'iown to an appropriate official of City specified in such Certificate that: (a) this Agreement remains in effect (for the remainder of the Term), and (b) the Developer is not in Default of this Agreement or the Public Benefits Covenants, The Certificate shall be in a recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, and shall state the anticipated date of commencement of the next annual review. Developer may record the Certificate at its sole cost and expense without cost or expense to City. ARTICLE 7 COOPERATION AND IMPLEMENTATION 7.1 Subsequent Approvals. Certain subsequent land use approvals, entitlements, and permits other than the Existing Approvals, will be necessary or desirable for implementation of the Project ("Subsequent Approvals"). The Subsequent Approvals may include, without limitation, the following: amendments of the Existing Approvals, demolition and grading permits, excavation permits, building permits, design review permits, sign permits, sewer and water connection permits, encroachment permits, certificates of occupancy, lot line adjustments or lot merger, site plans, development plans, land use plans, building plans and specifications, and any amendments to, or repealing of, any of the foregoing. Except as otherwise expressly provided herein, the City shall not impose requirements or conditions upon the development and construction of the Project that are inconsistent with the Existing Approvals, including the terms and conditions of this Agreement, and any Subsequent Approvals as may be obtained from time to time. 7.2 Scope of Review of Subsequent Approvals. City, in approving the Existing Approvals and vesting the Project through this Agreement, is limiting its future discretion with respect to the Project and Subsequent Approvals to determining whether the application for a Subsequent Approval is consistent with and meets the criteria set forth in the Applicable City Regulations, Existing Approvals, and where applicable, other Project Approvals previously granted. Subject to the foregoing, City reserves discretion to impose appropriate Exactions in connection with issuance of Subsequent Approvals, as necessary to bring the Subsequent Approval into compliance with Applicable Law and Existing Approvals. At such time as any 20 CC 04-21-20 62 of 548 Subsequent Approval applicable to the Property is approved by City, then such Subsequent Approval shall become subject to all the terms and conditions of this Agreement appIicabIe to Project Approvals and shall be automatically vested and treated as a Project Approval. 7.3 Processing Applications for Subsequent Approvals. 7.3. l Timely Submittals by Developer. Developer acknowledges that City cannot begin processing applications for Subsequent Approvals until Developer submits complete applications on a timely basis. Developer shall use diligent good faith efforts to (a) provide to City in a timely manner any and all documents, applications, plans, and other information necessary for City to carry out its obligations hereunder; and (b) cause Developer's planners, engineers, and all other consultants to provide to City in a timely manner all such documents, applications, plans, and other materials required under Applicable Law. It is the express intent of Developer and City to cooperate and diligently work to obtain any and all Subsequent Approvals. 7.3.2 Timely Processing by City. Upon submission by Developer of all appropriate applications and Processing Fees for any pending Subsequent Approval, City shall, to the full extent allowed by Applicable Law, promptly and diligently, subject to City ordinances, policies, and procedures regarding hiring and contracting, cornrnence and complete all steps necessary to act on Developer's currently pending Subsequent Approval applications including: (a) providing at Developer's expense and subject to Developer's request and prior approval, reasonable overtime staff assistance, additional staff and/or staff consultants for concurrent, expedited plaru'iing and processing of each pending Subsequent Approval application; (b) if legally required, providing notice and holding public hearings; and (c) acting on any such pending Subsequent Approval application. To the greatest extent permitted by the Existing Approvals or Applicable Law, City Staff will process Subsequent Approvals administratively. Developer's obligation to pay for the processing of Subsequent Approvals, including staff time, materials, and third-party consultants, shall be based on the City's actual out-of-pocket costs, plus a fifteen percent (15%) markup of consultant costs, per existing policy, to cover City's costs of managing such third-party consultants and administering their contracts. 7.3.3 . In connection with its consideration and approval of Existing Approvals, the City prepared and adopted the MND, which evaluated the environmental effects of the Existing Approvals for the Project and has adopted mitigation measures to reduce the significant environmental effects therefrom. The Parties acknowledge that certain Subsequent Approvals may legally require additional analysis under CEQA. Nothing contained in this Agreement is intended to prevent or limit City from complying with CEQA. In acting on Subsequent Approvals, City will rely on the MND to the fullest extent permissible by CEQA as determined by City in the exercise of its independent judgment. If additional environmental review is required for a Subsequent Approval, City shall limit such additional review to the scope of analysis mandated by CEQA and shall not adopt new mitigation measures except as legally reqriired, all as determined by City as the lead agency under CEQA in the exercise of its independent judgment. 7.4 0ther Agency Subsequent Approvals; Authority of City. City shall cooperate with Developer, to the extent appropriate and as permitted by Applicable Law, in Developer's 21 CC 04-21-20 63 of 548 efforts to obtain, as may be required, Other Agency Subsequent Approvals. Notwithstanding the issuance to Developer of Other Agency Subsequent Approvals, Developer agrees that City shall have the riglit to review, modify, approve and/or reject any and all submissions subject to the Other Agency Subsequent Approvals which, but for the authority of the other governmental or quasi-governmental entities issuing the Other Agency Subsequent Approvals, would otherwise require City approval. Developer agrees that City may review, modify, approve, and/or reject any such materials or applications to ensure consistency with this Agreement and the Project Approvals and Developer shall incorporate any and all changes required by City prior to submitting such materials and applications to the other goverru'nental or quasi-governmental entities for review and/or approval. ARTICLE 8 AMENDMENT OF AGREEMENT AND PROJECT APPROV ALS 8.1 Amendment by Written Consent. Except as otherwise expressly provided herein (including Section 6.1 relating to City's aru'iual review and Section 12.3 relating to termination in the event of a breach), this Agreement may be terminated, modified, or amended only by mutual written consent of the Parties or their successors in interest or assignees and in accordance with the provisions of Government Code sections 65967, 65867.5 and 65868. 8.2 Pro.iect Approval Amendments. To the extent permitted by Applicable Law, Project A.pprovals may, from time to time, be amended in the following manner: 8.2.1 AdministrativeProjectApprovalAmendments. UponDeveloper'swritten request for an amendment or modification to the Project Approvals or Subsequent Approvals, the City Manager shaIl determine: (i) whether the requested amendment or modification is minor when considered in light of the Project as a whole; and (ii) whether the requested amendment or modification is consistent with this Agreement and Applicable Law. If the City Manager or his/her designee finds, in his or her sole discretion, that the proposed amendment or modification is minor, consistent with this Agreement and Applicable Law, and will result in no new significant impacts not addressed and mitigated in the MND, the amendment or modification shall be determined to be an "Administrative Project Approval Amendment" and shall not require an amendment to this Agreement. Upon the City Manager's approval, any Administrative Project Amendment sliall be automatically incorporated into the applicable Project Approvals and this Agreement. Without limiting the foregoing, and by way of example, after City approval of the Existing Approvals, Developer requests for lot line adjustments, minor changes in improvement plans, minor changes in land uses involving minimal acreage, minor alterations in vehicle circulation patterns or vehicle access points, minor changes in the amount of parking and parking layout, changes in pathway alignments, substitutions of comparable landscaping for any landscaping shown on any final development plan or landscape plan, variations in the location of structures that do not substantially alter the infrastructure connections, facilities that do not substantially alter the design concepts of the Project, and minor adjustments to the Site Map or Property Description may be treated as Administrative Project Amendments. 8.2.2 Major Proiect Amendments. Any amendment to the Project Approvals which the City Manager determines is not an Administrative Project Approval Amendment as set 22 CC 04-21-20 64 of 548 forth above in Section 8.2.1 shall be deemed a "Major Project Amendment." A Major Project Amendment shall be processed in the same maru'ier and require the same approvaIs as the original Project Approval, including, where so required, giving of notice and a public hearing before the Plai'ining Commission and City Council in accordance with Applicable Law. The City Manager or his or her designee shall have tlie authority to determine if an amendment is a Major Project Amendment subject to this Section 8.2.2 or an Administrative Project Approval Amendment subject to Section 8.2.1. 8.3 Amendment of this Agreement. This Agreement may be amended from time to time, in whole or in part, by mutual written consent of the Parties or their successors in interest, as follows: 8.3. I Administrative Agreement Amendments. Any amendment to this Agreement which does not substantially affect (a) the Term; (b) permitted uses of the Property; (c) provisions for the reservation or dedication of land; (d) conditions, terms, restrictions or requirements for Project Approvals or Subsequent Approvals; (e) increases in the density or intensity of the use of the Property or the maximum height or size of proposed buildings; (f) monetary payments by Developer; or (g) the provision of Public Benefit Covenants described in Article 5, shall be deemed an "Administrative Agreement Amendment" and the City Manager or his or her designee, except to the extent otherwise required by Applicable Law, may approve the Administrative Agreement Amendment without notice and public hearing. 8.3.2 Maior Agreement Amendments. Any amendment to this Agreement which is determined not to be an Administative Agreement Amendment as set forth above in Section 8.3.1 shall be deemed a "Major Agreement Amendment" and shall require giving of notice and a public hearing before the Planning Commission and City Council in accordance with Applicable Law. The City Manager or his or her designee shall have the authority in her or her sole discretion to determine if an amendment is a Major Agreement Amendment subject to this Section 8.3.2 or an Administrative Agreement Amendment subject to Section 8.3.1. 8,3.3 Requirement for Writing. No modification, amendment or other change to this Agreement or any provision hereof shall be effective for any purpose unless specifically set forth in a writing which refers expressly to this Agreement and is signed by duly authorized representatives of both Parties or their successors in interest. A copy of any change shall be provided to the City Council within thirty (30) days of its execution. 8.4 Amendments to Development Agreement Statute. This Agreement has been entered into in reliance upon the provisions of the Development Agreement Statute as those provisions existed as of the date of execution of this Agreement. No amendment or addition to those provisions which would materially affect the interpretation or enforceability of this Agreement shall be applicable to this Agreement, unless such amendment or addition is specifically required by the California State Legislature or is mandated by a court of competent jurisdiction. If such amendment or change is permissive (as opposed to mandatory), this Agreement shall not be affected by same unless the Parties mutually agree in writing to amend this Agreement to permit such applicability. 23 CC 04-21-20 65 of 548 ARTICLE 9 INSURANCE, INDEMNITY AND COOPERATION IN THE EVENT OF LEGAL CHALLENGE 9. 1 Insurance Requirements. Prior to commencement of construction activities (including demolition) and through completion of all construction activities for the Project, including but not limited to a final certificate of occupancy, Developer shall procure and maintain, or cause its contractor(s) to procure and maintain, a commercial general liability policy in an amount not less than Five Million Dollars ($5,000,000) combined single limit, including contractual liability together with a comprehensive automobile liability policy in the amount of Two Million Dollars ($2,000,000), combined single limit. Such policy or policies shall be written on an occunence form. Developer's insurance shall be placed with insurers with a current A.M. Best's rating of no less than A-:VII or a rating otherwise approved by City in its sole discretion. Developer shall :turnish at City's request appropriate certificate(s) of insurance evidencing the insurance coverage required hereunder, and City Parties shall be named as additional insured parties in such policies. The certificate of insurance shall contain a statement of obligation on tlie part of the carrier to notify City of any material change, cancellation or termination of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation or termination (ten (10) days advance notice in the case of cancellation for nonpayment of premiums) where the insurance carrier provides such notice to Developer. Coverage provided hereunder by Developer shall be primary insurance and shall not be contributing with any insurance, self-insurance or joint self-insurance maintained by City, and the policy shall contain such an endorsement. The insurance policy or the endorsement shall contain a waiver of subrogation for the benefit of City. The insurance policy shall not contain an exclusion for inverse condemnation. 9.2 Indemnity and Hold Harmless. Developer shall indemnify, defend (with counsel reasonably acceptable to City) and hold harmless City Parties from and against any and all Claims, including Claims for any bodily injury, death, or property damage, resulting directly or indirectly from the development or construction of the Project and, if applicable from compliance with the terms of this Agreement, and/or from any other acts or omissions of Developer under this Agreement, whether such acts or omissions are by Developer or any of Developer's contractors, subcontractors, agents or employees; provided that Developer's obligation to indemnify and hold harmless (but not Developer's duty to defend) may be limited to the extent such Claims are found to arise solely from the active negligence or will:tul misconduct of any City Party. This Section 9.2 includes any and all present and 'future Claims arising out of or in any way connected with Developer's or its contractors' obligations to comply with any applicable State Labor Code requirements and implementing regulations of the Depaitment of Industrial Relations pertaining to "public works" (collectively, "Prevailing Wage Laws"), including all claims that may be made by contractors, subcontractors, or other third party claimants under Labor Code sections 1726 and 1781. Developer's obligations under this Section 9.2 shall survive expiration or earlier termination of this Agreement. 9.3 Defense and Cooperation in the Event of a Litigation Challenge. City and Developer shall cooperate in the defense of any corirt action or proceeding instituted by a third paity or other governmental entity or official challenging tlie validity of any provision of this Agreement, or the Project Approvals ("Litigation Challenge"), and the Parties shall keep each 24 CC 04-21-20 66 of 548 other informed of all developments relating to such defense, subject only to confidentiality requirements that may prevent the communication of such information. To the extent Developer desires to contest or defend such Litigation Challenge, (a) Developer shall take the lead role defending such Litigation Challenge and may, in its sole discretion, elect to be represented by the legal counsel of its choice, with the costs of such representation, including Developer's administrative, legal and couit costs, paid solely by Developer; (b) City may, in its sole discretion, elect to be separately represented by the legal counsel of its choice in any such action or proceeding with the costs of such representation including City's administrative, legal, and court costs and City Attorney oversight expenses, paid by Developer; and (c) Developer shall indemnify, defend, and hold harmless City Paities from and against any damages, attorneys' fees or cost awards, including attorneys' fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against City by way of judgment, settlement, or stipulation. Any proposed settlement of a Litigation Challenge shall be subject to City's and Developer's approval not to be unreasonably withheld, conditioned, or delayed. If the terms of the proposed settlement would constitute an amendment or modification of this Agreement or any Project Approvals, the settlement shall not become effective unless such amendment or modification is approved by City and Developer in accordance with Applicable Law, and City reserves its full legislative discretion with respect to any such City approval. If Developer opts not to contest or defend such Litigation Challenge, City shall have no obligation to do so. Developer shall reimburse City for its costs incurred in connection with the Litigation Challenge within ten (10) business days following City's written demand therefor, which may be made from time to time during such litigation. Developer's obligations under this Section 9.3 shall survive expiration or earlier termination of this Agreement. ARTICLE 10 ASSIGNMENT, TRANSFER AND NOTICE 10.1 Assignment. A material consideration and incentive for City agreeing to enter this Agreement are those Public Benefit Covenants described in Article 5 that are dependent on the Property being developed and operated on a long-term basis as an "Upper Upscale" hotel as described in Section 5.3. For tliat reason, certain restrictions on the right of Developer to assign or transfer its interest under this Agreement with respect to the Property during the Term are necessary to assure the achievement of the goals, objectives, and public benefits of the Project and this Agreement. Developer agrees to and accepts the restrictions set forth in this Section 10.1 as reasonable and as a material inducement for City to enter into this Agreement. 10.1.1 AssignmentCriteria. Developershallhavetherighttosellortransferits fee interest, or ground lease its interests in the Property, or convey or assign its right to operate a hotel or similar business on the Property, or enter into a contract for operation of a hotel or similar business, to any person, partnership, joint venture, firm, company, corporation, or other entity (any of the foregoing, an "Assignee") subject to the reasonable satisfaction and written consent of the City Manager, which shall not be unreasonably withheld, delayed, or conditioned, if Developer or the Assignee satisfies tlie following conditions: 10.1.1.1 TheproposedAssigneeprovidesacceptableandverifiable documentation that it is in the business of developing, owning, and/or operating "Upper Upscale" hotels as described in Section 5.3 and has substantial experience in such hotel 25 CC 04-21-20 67 of 548 operations, such experience being at a minimum developing, owning, and/or operating two or more such hotels within the preceding ten years; 10.1.1.2 The proposed Assignee provides acceptable and verifiable documentation that it has sufficient financial resources to undertake development and/or operation of the Propeity as an "Upper Upscale" hotel and perform the obligations of Developer under this Agreement, including providing the Public Benefit Covenants; 10.1.1,3 Developer is not in Default under this Agreement or under any Public Benefit Covenant, or the Assignee agrees to pure any Default promptly a:fter the assignment; 10.1.2 Affiliate Assignment. Notwithstanding the foregoing, Developer may assign its rights under this Agreement without the consent of City (but a:tter providing City the notice and Assignee's assumption agreement pursuant to Section 10.1.3) to any corporation, limited liability company, partnership, or other entity which controls, is controlled by, or is under common control with Developer. "Control" for purposes of this section 10.1.2 means effective management and control of the other entity, subject only to major events requiring the consent or approval of the other owners of such entity ("Affiliated Party"). 10.1.3 Notice. At least thirty (30) days prior to Developer's desired assignment date, Developer shall provide City with written notice of any proposed transfer or assignment of Developer's rights or obligations hereunder (each, an "Assignment") together with such information needed to document satisfaction of the conditions in Section 10.1 required for an Assignment, and request City's consent to such Assignment as provided herein. Each such notice shall be accompanied by evidence of Assignee's assumption of Developer's obligations hereunder in the form of Exhibit G, which shall be recorded in the Official Records of Santa Clara County (assuming City approves the Assignment) concurrent with transfer to the Assignee. City shall provide its written consent or other response within thirty (30) days after City's receipt of the notice and required documentation. 10.1.4 Payment of Costs. Developer shall pay the actual costs borne by City in coruiection with its review of the proposed Assignment, including costs of attorney review. 10.2 ReleaseofTransferringDeveloper. Exceptwithrespecttoapermittedtransfer and assignment to an Affiliated Party, notwithstanding any sale, transfer, or assignment of the Property, Developer shall continue to be obligated under this Agreement as to all of the Property so transferred unless City has consented to the assignment as provided above and receives and records Assignee's assumption agreement. 10.3 Assignment to Financial Institutions or Mortgagee. 10.3. 1 Notwithstanding any other provision of this Agreement, Developer may assign all or any part of its rights and duties under this Agreement to any financial institution or Mortgagee from which Developer has borrowed funds for use in constructing the Project or otherwise developing the Propeity. Neither such assignment nor the financing shall require consent from City; provided, City shall be given notice of such intended assignment at least ten business days beforehand, and before such assigrment may take effect such financial institution 26 CC 04-21-20 68 of 548 or Mortgagee shall give City confirmation acknowledging and agreeing that its interest in the Property is subject to this Agreement and, both during and after the Term, to the Public Benefit Covenants. Developer shall provide a copy of the deed of trust to City within ten (10) business days following execution thereof. A conditional assignment or other transfer by a financial institution or Mortgagee back to Developer as part of any financing transaction shall not require City's consent. 10.3.2 Any person acquiring title or taking possession of the Property from a financial institution or Mortgagee following a foreclosure or deed in lieu of foreclosure must satis:ty the criteria for an Assignee in Section 10.1. 1, with documentation of such satisfaction provided to City before transfer of title or possession. 10.4 Successive Assignment. In the event there is more than one Assignment under the provisions of this Article 10, the provisions of this Article 10 shall apply to each successive Assignment and Assignee. ARTICLE II MORTGAGEE PROTECTION 11. I Mortgagee Protection. Neither entering into this Agreement nor a breach hereof shall defeat, render invalid, diminish, or impair the lien of any mortgage, deed of trust, security agreement, and other like security instrument encumbering all or any portion of the Property or any of Developer's rights under this Agreement ("Mortgage") made in good faith and for value. Nothing in this Agreement shall prevent or limit Developer, at its sole discretion, from granting one or more Mortgages encumbering all or a poition of Developer's interest in the Property or portion thereof or improvements thereon as security for one or more loans or other financing, but all of the terms and conditions contained in this Agreement shall be binding upon and effective against and shall run to the benefit of a Mortgagee who acquires title or possession to the Property, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise. Any Mortgage shall be subject and subordinate to this Agreement even if this Agreement has not yet been recorded. Developer's failure to provide the City with a copy of the Mortgage within ten (10) days after its recording in the official records of Santa Clara County and a copy of a recorded document or documents demonstrating that the Mortgage has been subordinated to this Agreement shall be a Default; provided, however, that Developer's failure to provide such document shall not affect any Mortgage, including without limitation, the validity, priority or enforceability of such Mortgage. 11.2 Mortgagee Not Obligated. No Mortgagee (including one who acquires title or possession to the Property, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise) shall have any obligation to construct or complete construction of improvements, or to guarantee sucli construction or completion; provided, however, that a Moitgagee sliall not be entitled to devote the Propeity to any use except in full compliance with this Agreement, the Project Approvals, and Subsequent Approvals nor to construct any improvements thereon or institute any uses other than those uses or improvements provided for or authorized by this Agreement, or otherwise under the Project Approvals and Subsequent Approvals. Except as otherwise provided in this Section 11.2, all of the terms and conditions contained in this Agreement, the other Project Approvals, and Subsequent Approvals shall be 27 CC 04-21-20 69 of 548 binding upon and effective against and shall run to the benefit of any person or entity, including any Mortgagee, or its transferee, who acquires title or possession to the Property, or any portion thereof. 11.3 Notice of Default to Mortgagee. ff City receives a notice from a Mortgagee requesting a copy of any Notice of Default given Developer hereunder and speci:tying the address for service thereof, then City agrees to use its diligent, good faith efforts to deliver to such Mortgagee, concurrently with service thereon to Developer, any Notice of Default given to Developer. Each Mortgagee shall have the right during the same period available to Developer to cure or remedy, or to commence to cure or remedy, the event of Default claimed, or the areas of noncompliance set forth in City's Notice of Default. If a Mortgagee is required to obtain possession in order to cure any Default, the time to cure shall be tolled so long as the Mortgagee is attempting to obtain possession, including by appointment of a receiver or foreclosure, but in no event may this period exceed 120 days after the date City delivers the Notice of Default to Developer. 11.4 No Supersedure. Nothing in this Article 11 shall be deemed to supersede or release a Mortgagee or modify a Mortgagee's obIigations under any subdivision or public improvement agreement or other obligation incurred with respect to the Project outside this Agreement, nor shall any provision of this Article 11 constitute an obligation of City to such Mortgagee, except as to the notice requirements of Section 11.3. 1L5 Mortgagee Requested Amendments. The Parties agree that they will make reasonable amendments to this Agreement, at the expense of Developer, to meet the requirements of any lender or Mortgagee for the Project. For the purposes of this Section 11.5, a reasonable amendment is one that does not relieve Developer of any of its material obligations under this Agreement or impair the ability of the City to enforce the terms of this Agreement. The Parties further agree that any reasonabIe amendments to the Mortgagee protection provisions of this Agreement required to conform to current industry practice, as determined by City, would qualify as an Administrative Agreement Amendment and may be processed in accordance with the provisions of Article 8 of this Agreement. ARTICLE 12 DEF AULT; REMEDIES; TERMINATION 12. 1 Breach and Default. Subject to a Permitted Delay in Section 13.4 or a mutual extension pursuant to Section 13.11, except as otherwise provided by this Agreement, breach of, failure, or unreasonable delay by either Party to perform any term or condition of this Agreement shall constitute a "Default." In the event of any alleged Default of any term, condition, or obligation of this Agreement, the Party alleging such Default shall give the defaulting Party notice in writing specifying the nature of the alleged Default and the manner in which the Default may be satisfactorily cured ("Notice of Breach"). The defaulting Party shall cure the Default within thirty (30) days following receipt of the Notice of Breach, provided, however, if the nature of the alleged Default is non-monetary and such that it cannot reasonably be cured within such thirty (30) day period, then the commencement of the cure within such time period, and the diligent prosecution to completion of the cure thereafter at the earliest practicable date, shall be deemed to be a cure, provided that if the cure is not so diligently prosecuted to 28 CC 04-21-20 70 of 548 completion, then no additional cure period shall be required to be provided. If the alleged failure is cured within the time provided above, then no Default shall exist, and the noticing Party shall take no further action to exercise any remedies available hereunder. If the alleged failure is not cured, then a Default shall exist under this Agreement and the non-defaulting Party may exercise any of the remedies available under this Agreement. 12.2 Withholding of Permits. In the event of a Default by Developer, or following City sending a Notice of Breach to Developer pursuant to Section 12.1 above and during the cure period provided therein, upon a finding by the City Manager that Developer is in breach, City shall have the right to refuse to issue any permit or other Subsequent Approval to which Developer would otherwise have been entitled pursuant to this Agreement until such Default or breach is cured. This provision is in addition to and shall not limit any actions that City may take to enforce the conditions of the Project Approvals. 12.3 Termination. In the event of a Default by a Party, the non-defaulting Party shall have the riglit to terminate this Agreement upon giving notice of intent to terminate pursuant to Government Code section 65868 and regulations of City implementing such section ("Termination"). Following notice of intent to terminate, the matter sliall be scheduled for consideration and review in the manner set forth in Government Code section 65867 and City regulations implementing said section. Following consideration of the evidence presented in said review before the City Council, a Party alleging Default by the other Party may give written notice of Termination of this Agreement to the other Party. Termination of this Agreement shall be subject to the provisions of Section 12.9 hereof. 12.4 Specific Performance for Violation of a Condition. If City issues a Project Approval pursuant to this Agreement in reliance upon a specified condition being satisfied by Developer in tlie 'future, and if Developer then fails to satisfy such condition, City shall be entitled to an award of specific performance for the purpose of causing Developer to satisfy such condition. 12.5 Lezal Actions. 12.5.1 InstitutionofLegalorEquitableActions. Inadditiontoanyotherrightsor remedies, a Paity may institute legal or equitable action for mandamus, specific performance, or other injunctive or declaratory relief to cure, correct, or remedy any Default, to enforce any covenants or agreements herein, to enjoin any threatened or attempted violation thereof, or to obtain any other remedies consistent with the purpose and terms of this Agreement. Any such legal action shall be brought in the Superior Court for Santa Clara County, California, except for actions that include claims in which a Federal District Court has original jurisdiction, in which case the Noithern District of the State of California shall be the proper venue. 12.5.2 Acceptance of Service of Process. If any legal action is commenced by Developer against City, service of process on City shall be made by personal service upon the City Clerk of City or in such other manner as may be provided by law. If any legal action is commenced by City against Developer, service of process on Developer shall be made by personal service upon Developer's General Counsel, Developer's registered agent for service of process, or in such other manner as may be provided by law. 29 CC 04-21-20 71 of 548 12.6 Rights and Remedies Are Cumulative. The rights and remedies of the Parties are cumulative, and the exercise by a Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or any other Default by the other Party, except as otherwise expressly provided herein. 12.7 No Damages. In no event shall a Party, or its boards, comi'nissions, officers, agents, or employees, be liable in damages for any Default under this Agreement, it being expressly understood and agreed that the sole legal remedy available to a Party for a breach or violation of this Agreement by the other Party shall be an action in mandamus, specific performance, or other injunctive or declaratory relief to enforce the provisions of this Agreement by the other Party, or to terminate this Agreement. This limitation on damages shall not preclude actions by a Party to enforce payments of monies or fees or the performance of obligations requiring an obligation of money from the other Paity under the terms of this Agreement including, but not limited to, obligations to pay the Community Amenity Payment, Annual TMA Fee, attorneys' fees and obligations to advance monies or reimburse monies. In connection with the foregoing provisions, each Party acla'iowledges, warrants, and represents that it has been fully informed with respect to, and represented by counsel of such Party's choice in connection with, the rights and remedies of such Party hereunder and the waivers herein contained, and after such advice and consultation has presently and actually intended, with full knowledge of such Party's rights and remedies otherwise available at law or in equity, to waive and relinquish such rights and remedies to the extent specified herein, and to rely solely on the remedies provided for herein with respect to any breach of this Agreement by the other Party. 12.8 ResolutionofDisputes. WithregardtoanydisputeinvolvingtheProject,the resolution of which is not provided for by this Agreement or Applicable Law, a Party shaII, at the request of another Party, meet with designated representatives of the requesting Party promptly following its request. The Parties to any such meetings shall attempt in good faith to resolve any such disputes. In the event the Parties are unable to resolve the issue and reach an agreement within thiity (30) days, either Party may initiate non-binding mediation of the dispute by submitting a request to the other Party. The Parties will select a mutually acceptable mediator with la'iowledge and experience in project development and construction issues of the type at issue, within fourteen (14) days, or if unable to agree on a mediator within said period, either party may submit the matter to mediation at JAMS or other mediation service mutually acceptable to the Parties in accordance with its then applicable rules and policies, with each Party being responsible for its own fees, costs, and expenses of any mediation, including fifty percent (50%) of the mediator's fees, costs, and expenses The Parties will take all practicable steps to complete any mediation within ninety (90) days. Nothing in this Section 12.8 shall in any way be interpreted as requiring that Developer or City reach agreement with regard to those matters being addressed, nor shall the outcome of these meetings be binding in any way on City or Developer unless expressly agreed to in writing by the Parties to such meetings. 12.9 Surviving Provisions. In the event of Termination of this Agreement, neither Party shall have any further rights or obligations hereunder, except for those obligations of Developer which by their terms survive expiration or Termination hereof, including but not limited to those obligations set forth in Article 5 and Sections 9.2 and 9.3 ("Surviving Provisions"). 30 CC 04-21-20 72 of 548 ARTICLE 13 GENERAL PROVISIONS 13.1 Condemnation. As used herein, "Material Condemnation" means a condemnation of all or a portion of the Propeity that will have the effect of materially impeding or preventing development of the Project in accordance with this Agreement and the Project Approvals. In the event of a Material Condemnation, Developer may (a) request City to amend tl'iis Agreement in accordance with the Development Agreement Statute and/or to amend the Project Approvals, which amendment shall not be unreasonably withheld; (b) decide, in its sole discretion, to challenge the condemnation; or (c) request that City agree to terminate this Agreement by mutual agreement, which agreement shall not be unreasonably withheld, by giving a written request for termination to City. If the condemnation is not a Material Condemnation, Developer shall have no right to request termination of this Agreement under this Section 13.1. Nothing in this Agreement shall be, or deemed to be, any waiver or release by Developer of any compensation or damages awarded pursuant to a Material Condemnation. 13.2 Covenants Binding on Successors and Assigns and Run with Land. Except as otherwise more specifically provided in this Agreement, this Agreement and all of its provisions, rights, powers, standards, terms, covenants, and obligations, shall be binding upon the Parties and their respective successors and assigns by sale, trustee's sale, lease, license, assignment, merger, consolidation, or otherwise, and all other persons or entities acquiring the Property, or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the Parties and their respective successors and assigns, as provided in Government Code section 65868.5, and shall be enforceable as equitable servitudes and constitute covenants running with the land under applicable laws. 13,3 Notice, Any notice, demand or request which may be permitted, required or desired to be given in connection herewith shall be given in writing and directed to City and Developer as follows: If to the City:City Clerk City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3202 with a copy to: City Attorney City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3202 31 CC 04-21-20 73 of 548 and a copy to:City Manager City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3202 If to Developer: Northwest Properties LP Attn: John Vidovich 960 N. San Antonio Road #114 Los Altos, CA 94022 with a copy to:Lendels name, address, and responsible person to be inserted before Agreement signed Notices to be deemed effective shall be delivered by certified mail, return receipt requested, or commercial courier, with delivery to be effective upon verification of receipt. Any Party may change its respective address for notices by providing written notice of such change to the other Parties. 13.4 Permitted Delays. 13,4,1 Performance by either Party of an obligation hereunder shall be excused during any period of Permitted Delay. "Permitted Delay" shall mean delay beyond the reasonable control of a Party caused by an inability to perform caused by (a) calamities, including without limitation earthquakes, floods, and fire; (b) civil commotion; (c) riots or terrorist acts; (d) lockouts, strikes or other forms of material labor disputes; (e) material shortages of labor, equipment, facilities, materials or supplies; (f) vandalism; (g) failure of transportation or freight embargos; (h) condemnation or requisition; (i) litigation challenge, referendum, or initiative; (j) orders of governmental, civil, military, or naval authority, including any development, water, or sewer moratorium; (k) the failure of any governmental agency, public utility, or communication provider to issue a permit, authorization, consent, or approval required for development, construction, use, or operation of the Project or portion thereof within typical, standard or customary timeframes; or (1) unusually severe weather, but only to the extent that such weather or its effects (including, without limitation, dry out time) result in delays that cumulatively exceed twenty (20) days for any winter season. A Party's financial inability to perform or obtain financing or adverse economic conditions shall not be grounds for claiming a Permitted Delay. 13.4.2 The Party claiming a Permitted Delay shall notify the other Party of its intent to claim a Permitted Delay, the specific grounds of the same and the anticipated period of the Permitted Delay. An extension of time for any such cause shall be for the period of the Permitted Delay and shall coinmence to run from the time of the commencement of the cause, if Notice by the Party claiming such extension is sent within thirty (30) days after the commencement of the claimed cause. If Notice is sent after such thirty (30) day period, then the extension shall commence to run no sooner than thirty (30) days prior to the giving of such Notice. The period of Permitted Delay shall last no longer than the conditions preventing 32 CC 04-21-20 74 of 548 performance. Notwithstanding any other provision hereof to the contrary, the Term of this Agreement shall not be extended by the period of any Permitted Delay. 13.5 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and tlie same instrument. 13.6 Waivers. Notwithstanding any other provision in this Agreement, any failure of or delay by any Paity in asserting any of its rights and remedies under this Agreement shall not operate as a waiver of any such rights or remedies, or deprive the Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies. A Party may specifically and expressly waive in writing any condition or breach of this Agreement by the other Party, but no such waiver shall constitute a further or continuing waiver of any preceding or succeeding breach of the same or any other provision. Consent by one Party to any act by the other Party shall not be deemed to imply consent or waiver of the necessity of obtaining such consent for the same or similar acts in the future, 13.7 Construction of Agreement. All Parties have been represented by counsel in the preparation and negotiation of this Agreement, and this Agreement shall be construed according to the fair meaning of its language. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement. Unless the context clearly requires otherwise, (a) the plural and singular numbers shall each be deemed to include the other; (b) the masculine, feminine, and neuter genders shall each be deemed to include the others; (c) "shall," "will," or "agrees" are mandatory, and "may" is permissive; (d) "or" is not exclusive; (e) "includes" and "including" are not limiting; and (f) "days" means calendar days unless specifically provided otherwise. 13.8 . Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants, or conditions of this Agreement. 13.9 Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a specific situation, is found to be invalid, or unenforceable, in whole or in part for any reason, the remaining terms and provisions of this Agreement shall continue in full force and effect unless an essential purpose of this Agreement would be defeated by loss of the invalid or unenforceable provisions, in which case any Party deprived of an essential benefit thereunder sliall have the option to terminate this Agreement from and after such determination by providing written notice thereof to the other Party. 13.10 Time is of the Essence. Time is of the essence of this Agreement. All references to time in this Agreement shall refer to the time in effect in the State of California. 13.11 Extension of Time Limits. The time limits set forth in this Agreement may be extended by Permitted Delays or mutual consent in writing of the Parties in accordance with the provisions of this Agreement. 33 CC 04-21-20 75 of 548 13.12 0therNecessaryActs.EachPartysliallingoodfaithdoallthingsasmay reasonably be necessary or appropriate to carry out this Agreement, the Project Approvals, and the Subsequent Approvals, and to execute with acknowledgment or affidavit if required and deliver to the other, file or submit all such -further information, instruments, and documents as may be reasonably necessary to carry out the purposes and objectives of the Project Approvals and this Agreement and to provide and secure to the other Party the full and complete enjoyment of its rights and privileges under this Agreement. 13.13 . TheindividualsexecutingthisAgreementrepresentandwarrantthat they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of Developer and City. 13.14 Entire Agreement. This Agreement (including all Recitals and all exhibits attached hereto, each of which is fully incorporated herein by reference), integrates all of the terms and conditions mentioned herein or incidental hereto, and constitutes the entire understanding of the Parties with respect to the subject matter hereof, and all prior or contemporaneous oral agreements, understandings, representations and statements, and all prior written agreements, understandings, representations, and statements are terminated and superseded by this Agreement. 13.15 Estoppel Ceitificate. Developer or its lender may, at any time, and from time to time, deliver written notice to City requesting City to certify in writing to Developer or any Mortgagee (a) that this Agreement is in full force and effect; (b) that this Agreement has not been amended or modified or, if so amended or modified, identi:[ying the amendments or modifications, or terminated or if terminated the subject of termination; (c) that Developer is not in Default of the performance of its obligations, or if in Default, describing therein the nature and extent of any such Defaults; (d) those obligations under this Agreement that have been satisfied since the date of the last annual review and those obligations under this Agreement that remain unsatisfied; and (e) such other information or matters relating to this Agreement and/or the Project as may be reasonably requested by Developer. Developer shall pay, within thirty (30) days following receipt of City's invoice, the actual costs borne by City in connection with its review of the proposed estoppel certificate, including the costs of attorney review. The City Manager shall be authorized to execute any certificate requested by Developer hereunder. The form of estoppel certificate shall be in a form reasonably acceptable to the City Attorney. The City Manager sliall execute and return such certificate within thirty (30) days following Developer's request therefor. Developer and City acknowledge that a certificate hereunder may be relied upon by tenants, transferees, investors, partners, bond counsel, underwriters, bond holders, and Mortgagees. The request shall clearly indicate that failure of the City to respond within the tliirty-day period will lead to a second and final request. Failure to respond to the second and final request within fifteen (15) days of receipt thereof shall be deemed approval of the estoppel certificate. I3.16 CityApprovalsandActions. Wheneverareferenceismadehereintoanactionor approval to be undertaken by City, the City Manager or his or her designee is authorized to act on behalf of City, unless specifically provided otherwise or the context requires otherwise. 34 CC 04-21-20 76 of 548 13.17 Negation of Partnership. The Parties specifically acknowledge that the Project is a private development, tliat no Paity to this Agreement is acting as the agent of any other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants, and conditions contained in this Agreement. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the Parties in the businesses of Developer, the affairs of the City, or otherwise, or cause them to be considered joint venturers or members of any joint enterprise. 13,18 No Third-Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the signatory Parties and their successors and assigns, including Mortgagees, No other person shall have any right of action based upon any provision in this Agreement. 13.19 Governing State Law. This Agreement shall be construed in accordance with the laws of the State of California, without reference to its choice of law provisions. 13.20 Exhibits. The following exhibits are attached to this Agreement and are hereby incorporated herein by this reference for all purposes as if set forth herein in full: Exhibit A: Property Legal Description Exhibit B: Property Boundary and Depiction of the Project Exhibit C: Description of the Project Exhibit D: Existing Impact Fees Exhibit E: Accepted Conditions of Title Exhibit F:Aru'iual Review Form Exhibit G: Form of Assignment and Assumption Agreement If the recorder refuses to record any exhibit, the City Clerk may replace it with a single sheet bearing the exhibit identification letter, stating the title of the exhibit, the reason it is not being recorded, and that the original, certified by the City Clerk, is in the possession of the City Clerk and will be reattached to the original when it is returned by the recorder to the City Clerk. [SIGNATURES ON FOLLOWING PAGEj 35 CC 04-21-20 77 of 548 IN WITNESS WHEREOF, the City and Developer have executed this Agreement as of the Effective Date. ATTEST: By: Kirsten Squarcia, City Clerk APPROVED AS TO FORM: By: Heather Minner, City Attorney CITY: CITY OF CUPERTINO, a municipal corporation B y: City Manager /Signature 11111st be 110/arized/ DEVELOPER: NORTHWEST PROPERTIES LP, a California limited partnership By: Name: Its: By: Name: Its: /Signatures 11111st be 110/arized/ 36 CC 04-21-20 78 of 548 ACKNOWLEDGMENTS A notary public or other officer completing this certificate verifies only tlie identity of the individual who signed the document to which this certificate is attached, and not the truth:[ulness, accuracy, or validity of that document. State of California On Siexelxi':'+Ci ';zs>'zo ,beforeme, p's-\'i,,\,4-O'x:-" who proved to me on the basis of satisfactory evidence to be the person(g0 whose nam$) is/as subscribed to the within instrument and acknowledged to me that heh$er%e3executed the same in his//their)authorized capacity(9s), and that by hisA@/t-h'eir signature(B) on the instrument the person(4), or the entity upon behalf of which the persond acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and ofl.W KRISTIN A.FRYKLANDi 5 NotaryPublic-California m Sankacla(aCounkyCommission # 2193808 2 MyComm.ExpiresAzpr2s5,2021 Acknowledgments CC 04-21-20 79 of 548 ACKNOWLEDGMENTS A notary public or other officer completing this ceitificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On , before me, (Name of Notary) notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on tlie instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Signature) Acknowledgments CC 04-21-20 80 of 548 EXHIBIT A PROPERTY DESCRIPTION THE LAND REFERRED TO HERE,IN BELOW IS SITUATED IN THE CITY OF CUPERTINO, IN THE COUNTY OF SANTA CLARA, ST ATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL ONE: All of Parcel "B", as shown on that certain Map entitled, "Parcel Map being all of Parcel 2 as shown on Parcel Map recorded in Book 265 of Maps, at Page 16", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on August 20, 1970 in Book 272 of Maps, at Page 5. Excepting therefrom the underground water rights, as granted in Deed from Paul Mariani and Mary Frances Mariani, His Wife, Skaggs Payless Drug Stores and Transamerica Title Insurance Company, to City of Cupertino, A Municipal Corporation, dated December 29, 1969 and recorded April 29, 1970 in Book 8905 of Official Records, Page 622. PARCEL TWO: Non-exclusive easements appurtenant to PARCEL ONE above for pedestrian and vehicular ingress and egress and parking, and also for footings, foundations and eaves, as granted in that certain Declaration of Encumbrances recorded February 27, 1970 in Book 8843, Page 364, of Official Records, and as modified by that ceitain Amendment to Declaration of Encumbrances recorded July 23, 1970, in Book 8996, page 735, of Official Records, and as further modified by that certain Second Amendment to Declaration of Encumbrances recorded September 8, 2011 as Instrument No. 21307879, of Official Records, and as further modified by that ceitain Third Amendment to Declaration of Encumbrances recorded October 22, 2012 as Instrument No. 21910015, of Official Records. APN: 326-10-061 Exhibit A CC 04-21-20 81 of 548 EXHIBIT B SITE MAP AND DEPICTION OF PROJECT Exhibit B CC 04-21-20 82 of 548 $$$$ 1: 6: 1: 1( 6: 6:'($1=$%28/(9$5' /2$',1*=21(123$5.,1*)+)+ &83(57,12+27(/ 6+233,1*&(17(55(7$,/5(7$,/1(:+27(/'(&25$7,9(3$9,1*$7(175<'5,9(('5,9(:$<$&3$9,1*WK)/225:$///,1(%(/2:7(55$&(21QG6725<%(/2:*5((1522)21QG6725<%(/2:0(&+(48,36&5((1:$//(/(9$7256 522)67$,5522)%$5522)+286(.((3,1*(/(9$725522)'(',&$7,21/,1(522)7(55$&(0(&+(48,36&5((1:$//WK)/225522)'RR°JXG]OTMY°GTJ°]XOZZKT°SGZKXOGR°GVVKGXOTMNKXKOT°IUTYZOZ[ZK°UXOMOTGR°GTJ°[TV[HROYNKJ]UXQ°UL°ZNK°*KYOMTKX°GTJ°SG_°TUZ°]OZNU[Z]XOZZKT°IUTYKTZ°UL°ZNK°*KYOMTKX°HKJ[VROIGZKJ°[YKJ°UX°JOYIRUYKJ°OT°]NURK°UX°OTVGXZ°LUX°JKYOMT°LGHXOIGZOUTY°UX°IUTYZX[IZOUTUL°GT_°H[ORJOTM°YZX[IZ[XK°UX°OSVXU\KSKTZUX°VUXZOUT°ZNKXKUL°UZNKX°ZNGT°ZNK°YVKIOLOIVXUPKIZ°ZU°]NOIN°OZ°VKXZGOTY*GZK9NKKZ°*GZK9IGRK*XG]T0UH9NKKZI°°=OTQRKSGT°*KYOMTY°7INKLEMAN$ESIGNS!MAYA2IDGE2OAD3OQUEL#!4EL &AX BILL WINKLEMANDESIGNSCOM2%6)3)/.31 &?8VHUV?%LOO?'RFXPHQWV?'$+&(1B6WRU\B)LQDOBELOO#ZLQNOHPDQGHVLJQVFRPUYW30:$6LWH3ODQ7KH'H$Q]D'H$Q]D3URSHUWLHV1'H$Q]D%OYG&XSHUWLQR&$1R 'DWH 'HVFULSWLRQCC 04-21-20 83 of 548 ScaleDateDrawnWinkleman Designs1795 Amaya Ridge Road Soquel, CA 95073408.353.6700 bill@winklemandesigns.comC:\Users\Bill\Documents\DAH-CEN19_7Story_Final_bill@winklemandesigns.com.rvt4/21/2019 9:48:29 PMA11.01SE ViewDe Anza PropertiesThe De Anza4/19/19Author10931 N De Anza Blvd, Cupertino, CACC 04-21-20 84 of 548 EXHIBIT C DESCRIPTION OF PROJECT Northwest Properties LP, the project applicant, is proposing the De Anza Hotel Project ("proposed project") that would involve the construction of a boutique hotel on a 1.29-acre site. The site is currently developed with a commercial building operated as the Goodyear Auto Service Center. The proposed project would involve demolishing the existing coinmercial building and redeveloping the site with a new 156-room boutique hotel, including event meeting rooms, restaurant, and bars. The proposed project would establish a six-story hotel with four levels of below-grade parking. The building would have a maximum height of 88 feet, subject to applicable requirements in the General Plan. Exhibit C CC 04-21-20 85 of 548 EXHIBIT D EXISTING IMPACT FEES 1. 2. 3. I-Iousing Mitigation Fee - City Code Chapter 19.172 Public Ait Contribution - City Code Chapter 19.148 Citywide Transportation Impact Fee - City Code Chapter 14.02 4.Parkland Dedication In-lieu Fee - City Code Chapter 13.08 (not applicable because hotel use is considered non-residential) Exhibit D CC 04-21-20 86 of 548 EXHIBIT E ACCEPTED CONDITIONS OF TITLE 1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2018-2019. 2. Current fiscal year propeity taxes, including supplemental taxes, escaped assessments, delinquencies, personal property taxes, and any assessments collected with taxes. Current fiscal year taxes are: Code Area: 013-003 Tax Identification No.: 326-10-061 Fiscal Year: 2019-2020 1st Installment: $12,507.60, Open 2nd Installment: $12,507.60, Open Exemption: $0.00 Land: $1,801,736.00 Improvements: $0.00 Personal Property: $0.00 Bill No.: 326-10-061-00 3, Special Tax for Santa Clara County Library District Joint Powers Authority Community Facilities District No. 2013- 1, under the Mello-Roos Comniunity Facilities Act of 1982, as disclosed by a Proposed Boundary Map filed for record on April 26, 2013 in Book 48 of Assessment Maps, Page(s) 36-37 as Instrument No. 22194943, Official Records, and further disclosed by Notice of Special Tax Lien recorded January 22, 2014, Instrument No. 22502535, Official Records, payable in continuing installments collected with the real property taxes. 4. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (cornmencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. None Now Due Or Payable. 5. Waiver of any claims for damages to said property by reason of the location, construction, landscaping or maintenance of the freeway adjoining said property, as contained in the deed to the State of California, recorded June 27, 1962, Instrriment No. 2233695, Book 5662, Page 424, of Official Records. 6. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Cupertino Sanitary District of Santa Clara County Exhibit E-1 CC 04-21-20 87 of 548 Purpose: To excavate for, install, replace (of the initial or any other size) maintain and use for conveying sewage such pipeline Recorded: January 19, 1970, Instrument No. 3750067, Book 8803, Page 47, of Official Records Affects: As Follows: An easement 10.00 feet in wiath, the centerline of which is more particularly described as follows: Beginning on a line drawn parallel with and 60.00 feet Westerly, measured at right angles, from the centerline of Saratoga-Sunnyvale Road, distant along said parallel line North O deg. 02' 52" East 323.76 feet from the intersection thereof with the Southerly line of that certain 10-acre parcel conveyed to Paul Andrew Mariani, Jr. et al to Winifred Pauline Thiltgen, et al, by Deed recorded November 12, 1965 in Book 7176 of Official Records at Page 743, Santa Clara County Records; thence from said Point of Beginning, leaving said parallel line South 70 deg. 14' 01 " West 142.72 feet to a point on a line drawn parallel with and 276 feet Northerly measured at right angles, from Southerly line, thence along said last described line 89 deg. 47' 00" West 660.00 feet. 7. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, irni'nigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recorded: February 27, 1970, Instrument No. 3769669, Book 8843, Page 364, of Official Records Modification(s) of said covenants, conditions and restrictions in that certain Amendment to Declaration of Encumbrances Recorded: July 23, 1970, Instrument No. 3844373, Book 8996, Page 735, of Official Records Modification(s) of said covenants, conditions and restrictions in that certain Second Amendment to Declaration of Encumbrances Recorded: September 8, 2011, Instrument No. 21307879, of Official Records Modification(s) of said covenants, conditions and restrictions in that certain Third Amendment to Declaration of Encumbrances Recorded: October 22, 2012, InstrumentNo. 21910015, of Official Records Exhibit E-2 CC 04-21-20 88 of 548 8.Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Pacific Telephone and Telegraph Company, a California corporation Purpose: To construct, place, inspect, maintain, operate, replace and remove facilities consisting of underground conduits, pipes, manholes, service boxes, svires, cables and other electrical conductors, above ground marker posts, risers and service pedestals; underground and above ground switches, fuses, terminals and transformers with associated concrete pads together with a right of way therefore and the right of ingress and egress Recorded: July 1, 1970, Instrument No. 3832386, Book 8972, Page 657, of Official Records Affects: Said Facilities shall be installed within the strips of land described as follows: 1, A strip of land of the uniform width of 20 feet lying contiguous to and Northerly of the Southerly boundary line of said real property and extending from the Westerly boundary line of the street la'iown as Saratoga-Suru'iyvale Road, Westerly 350.0 feet. 2, A strip of land of the uniform width of 12 feet lying contiguous to and Northerly of the Southerly boundary line of said real property and extending from the Westerly boundary line of the 20 foot strip of land hereinbefore described and designated 1, Westerly 852 feet, more or less, to the Westerly boundary line of said reaI property. 9. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the Parcel Map filed for record on August 20, 1970 in Book 272 of Maps, Page 5. Purpose: Roof Overhang Easement Affects: A portion of said land as shown on said Map 10. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, iinmigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: October 29, 1971 Recording No: 4125842, Book 9568, Page 164, of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Exhibit E-3 CC 04-21-20 89 of 548 11. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: City of Cupertino Purpose: Public roadway purposes, witli the right to construct, repair, operate and maintain any and all Public Utilities and improvements Recorded: January 4, 1991, Instrument No. 10769097, Book L584, Page 1245, of Official Records Affects: Being a portion of Parcel B as it appears on Parcel Map filed on August 20, 1970 in Book 272 of Maps, at Page 5, Santa Clara County Records, more particularly described as follows: Cominencing at the intersection of the centerline of Homestead Road and the centerline of De Anza Boulevard shown as Saratoga-Sunnyvale Road on aforementioned Parcel Map; Thence, S, 00 deg. 02' 52" W., 232.38 feet along the said centerline of De Anza Boulevard; Thence, at right angles to the centerline of De Anza Boulevard, N. 89 deg. 57' 08" W., 60.00 feet to the point in the Westerly sideline of the De Anza Boulevard also being the Northeast corner of Parcel A as shown on aforementioned Parcel Map; Thence, along the Westerly sideline of De Anza Boulevard and the Easterly lirie of said Parcel A, S. 00 deg. 02' 52" W., 117.30 feet to the Southeast corner of said Parcel A and the Northeast corner of Parcel B, as shown on said Map, also being the True Point of Beginning. Thence, from said True Point of Beginning, along the Westerly sideline of De Anza Boulevard and the Easterly line of said Parcel B, S. 00 deg. 02' 52" w., 308.62 feet to the Southeast corner of said Parcel B and the Northeast corner of that certain 2.006 + acre parcel shown on Record of Survey filed September 18, 1962 in Book 152 of Maps, at Page 10, Santa Clara County Records. Thence, along the Southerly line of said Parcel B and the Northerly line of said 2.006 + acre parcel, S 89 deg. 47' 00" w., 10.00 feet; Thence, N. 00 deg. 43' 13" E., 308.66 feet to the Southerly line of said Parcel A and the Northerly line of said Parcel B; Tlience, along the Southerly line of said Parcel A and the Northerly line of said Parcel B, N. 89 deg. 47' 00" E., 6.38 feet to the True Point of Begiru'iing. 12. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: City of Cupertino, A Municipal Corporation Purpose: The right to excavate for, install, replace (of the initial or any other size), maintain and use for sidewalk purposes Recorded:February23,1994',InstrumentNo. 12370977,BookN316,Page0261,ofOfficial Records Affects: Being a portion of Parcel B as it appears on Parcel Map filed on August 20, 1970 in Book 272 of Maps, at Page 5, Santa Clara County Records, more particularly described as follows: Exhibit E-4 CC 04-21-20 90 of 548 Commencing at the intersection of the centerline of Homestead Road and the centerline of De Anza Boulevard shown as Saratoga-SunnyvaIe Road on aforementioned Parcel Map; Thence, S. 00 deg. 02' 52" W., 232.38 feet along the said centerline of De Anza Boulevard; Thence, at right angles to the centerline of De Anza Boulevard, N. 89 deg. 57' 08" W., 60.00 feet to the Noitheast corner of Parcel A as shown on aforementioned Parcel Map; Thence, along the Easterly line of Parcel A, South 00 deg. 02' 52" West, 117.30 feet to the Southeast corner of said Parcel A and the Northeast corner of Parcel B, as shown on said Map. Thence, along the Southerly line of said Parcel A, South 89 deg. 47' 00" West, 6.38 feet to the True Point of Beginning; Thence, from said True Point of Beginning, along the Westerly sideline of De Anza Boulevard South 00 deg. 43' 13" West, 308.62 feet to the Northerly boundary of that certain 2.006 + acre parcel shown on Record of Survey filed September 18, 1962 in Book 152 of Maps, at Page 10, Santa Clara County Records. Thence, along the Southerly Iine of said Parcel B and tlie Northerly line of said 2.006 acre + Parcel, South 89 deg. 47' 00" West, 5.00 feet. END OF ACCEPTED CONDITIONS OF TITLE Exhibit E-5 CC 04-21-20 91 of 548 EXHIBIT F ANNUAL REVIEW FORM [TO EE SUBMITTED EY DECEMBER IS' OF EACH YEARI This Annual Review Form is submitted to the City of Cupertino ("City") by Northwest Properties LP ("Developer") pursuant to the requirements of California Government Code section 65865. I and Chapter 19. 144 of the City's Municipal Code regarding Developer's good faith compliance with its obligations under the Development Agreement between the City and Developer having an Effective Date of ("Development Agreement"). All Article and Section references are to the Development Agreement. Any capitalized terms not otherwise defined herein shall have the meanings assigned to them in the Development Agreement. Annual Review Period: to Generally summarize the status of Developer's efforts and progress in processing permit applications and constructing the Project. Generally summarize specific strategies to be followed in the coming year intended to facilitate the processing of permits and/or Project construction. Specify whether Developer's compliance with any of the following agreements have been satisfied during this annual review period: Specify whether applicable Existing Impact Fees, processing fees, connection fees, and/or other fees due and payable under Article 4 have been paid during this aru"iual review period, including but not limited to the following: @ Housing Mitigation Fees * Public Art Contribution * Transpoitation Impact Fees Describe Developer's compliance with the following Public Benefit Covenants under Article 5 during this annual review period: * Community Amenity Payment pursuant to Section 5. 1. 1. @ Shuttle Service pursuant to Section 5. 1.4. * Meeting Room Benefit pursuant to Section 5. 1.5. Exhibit F-1 CC 04-21-20 92 of 548 @ Rooftop Amenity pursuant to Section 5.1.8. * Transient Occupancy Tax Reqriirement, including any TOT In-lieu Payment, pursuant to Section 5.2. * Minimum Hotel Standard pursuant to Section 5.3. * City of Cupertino Business License pursuant to Section 5.4. @ Sales Tax Point of Sale Designation pursuant to Section 5.5. Describe whether other applicable Development Agreement obligations were completed during this annual review period. Describe any extension of the time limits or deadlines in the Development Agreement as a result of Permitted Delay pursuant to Section 13.4. Specify whether Developer has assigned tlie Development Agreement or otherwise conveyed the Property during this annual review period. Specify wliether Developer has mortgaged the Property during this annual review period, The undersigned representative confirms that Developer is: In good faith compliance with its obligations under the Development Agreement for this annual review period. Not in good faith compliance with its obligations under the Development Agreement for this aruiual review period, in response to which Developer is taking the actions set forth in the attachi'nent. IN WITNESS WHEREOF, Developer has executed this Annual Review Form as of this day of , 20 DEVELOPER: Northwest Properties LP B7: Print Name: Its: Exhibit F-2 CC 04-21-20 93 of 548 EXHIBIT G FORM OF ASSIGNMENT AND ASSUMPTION AGREEMENT RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Gian Martire City of Cupertino City Hall Planning Division 10300 Torre Avenue Cupertino, CA 95014 Exenpt from Recording Fee per Government Code Section 27383 Space Above This Line for Recorder's Use Ol?/)I ASSIGNMENT OF RIGHTS AND OBLIGATIONS UNDER DEVELOPMENT AGREEMENT This Assigrunent of Rights and Obligations under Development Agreement (this "Assignment") is entered into this day of , 20 ("Effective Date"), byandbetween ,a ("Assignor")and ,a ("Assignee"). Assignor and Assignee are collectively referred to herein as the "Parties." RECITALS A. Assignor and the City of Cupertino, a California municipal corporation ("City") have entered into that certain Development Agreement dated as of ("DA") which was recorded in the Official Records of Santa Clara County on as Instrument No. B. Assignor [1ias requested approval from the City ofthe assignment to Assignee described 1ierein pursuant to Section 10.1 of tlie DAI QB //xas the right to make tlie assignment to Assignee under Section 10.1 of the DA.] C. [CityhasconsentedtotheassignmentdescribedliereinpxirsuanttoSectionlO.1 of the DA.] OR [Assignor has provided the City with documentation establishing tliat the assignment is appropriate pursuant to Artide 10 of the DA because ./ Exhibit G-1 CC 04-21-20 94 of 548 AGREMENTS NOW, THEREFORE, in exchange for the mutual covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Assignment and Assumption of Interest. Assignor hereby transfers, assigns, and conveys to Assignee all of Assignor's right, title, and interest in and to, and all obligations, duties, responsibilities, conditions, and restrictions under, tlie DA (the "Rights and Obligations"). Assignee, for itself and its successors and assigns, hereby accepts the foregoing assignment, assumes all such Rights and Obligations, and expressly agrees for the benefit of City to pay, perform, and discharge all obligations of Assignor under the DA and to comply with all covenants and conditions of Assignor arising from or under the DA. 2. Governing Law; Venue. This Assignment shall be interpreted and enforced in accordance with the laws of the State of California without regard to principles of conflicts of laws. Any action to enforce or interpret this Assignment shall be filed and litigated excli.isively in the Superior Court of Santa Clara County, California or in the Federal District Court for the Northern District of California, 3. Entire Agreement/Amendment. This Assignment constitutes the entire agreement among the Parties with respect to the subject matter hereof and supersedes all prior written and oral agreements with respect to the matters covered by this Assigni'nent. This Assignment may not be amended except by an instrument in writing signed by each of the Parties and consented to in writing by City. 4. Further Assurances. Each Party shall execute and deliver such other certificates, agreements and documents and take such other actions as may be reasonably required to consummate or implement the transactions contemplated by this Assigninent and the DA. 5. Benefit and Liability. Subject to the restrictions on transfer set forth in the DA, this Assigi'iment and all the terms, covenants, and conditions hereof shall extend to the benefit of and be binding upon the respective successors and perznitted assigns of the Parties. 6. Rights of City. All rights of City under the DA and all obligations to City under the DA which were eriforceable by City against Assignor prior to the Effective Date of this Assignment shall be fully enforceable by City against Assignee from and after the Effective Date of this Assignment. 7. Rights of Assignee. All rights of Assignor and obligations to Assignor under the DA whicli were enforceable by Assignor against City prior to the Effective Date of this Assignment shall be fully enforceable by Assignee against City from and after the Effective Date of this Assignment. 8. Release. As of the Effective Date, Assignor hereby relinquishes all rights under the DA, and all obligations of Assignor under the DA shall be terminated as to, and shall have no more force or effect with respect to, Assignor, and Assignor is hereby released from any and all obligations under the DA. Exhibit G-2 CC 04-21-20 95 of 548 9. Attorneys' Fees. In the event of any litigation pertaining to this Assignment, the losing party shall pay the prevailing party's litigation costs and expenses, including without limitation reasonable attorneys' fees. 10. City Consent; City Is A Third-Paity Beneficiary. City's countersignature below is for the limited purposes of indicating consent to the assignment and assumption and release set forth in tliis Assignment (if necessary under the DA) pursuant to Sections 10.1 and 10.2 of the DA, and for clarifying that there is privity of contract between City and Assignee with respect to the DA, The City is an intended third-party beneficiary of this Assignment and has the right, but not the obligation, to enforce the provisions hereof. 11. Recordation. Assignor shall cause this Assignment to be recorded in the Official Records of Santa Clara County and shall promptly provide conformed copies of the recorded Assignment to City and Assignee. 12. Address for Notices. Assignee's address for notices, demands, and coinrnunications under the DA is as follows: A 13. Captions; Interpretation. The section headings used herein are solely for convenience and shall not be used to interpret this Assignment. The Parties acknowledge that this Assignment is the product of negotiation and compromise on the part of both Parties, and the Parties agree that since both have participated in the negotiation and drafting of this Assignment, this Assignment shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it. 14. Severability. If any term, provision, condition or covenant of this Assignment or its a.pplication to any party or circumstances shall be held by a court of competent jurisdiction to any extent invalid or unenforceable, the remainder of this Assignment, or the application of the term, provision, condition, or covenant to persons or circumstances other tlian those as to whom or which it is held invalid or unenforceabIe, shall not be affected and shall be valid and enforceable to the 'fullest extent permitted by law unless the rights and obligations of the Parties have been materially altered or abridged thereby. 15. Counterparts. This Assignment may be executed in counterparts, each of which shall, inespective of the date of its execution and delivery, be deemed an original, and the counterparts together shall constitute one and the same instrument. [SIGNATURES STARTON NEXT PAGE.] Exhibit G-3 CC 04-21-20 96 of 548 IN WITNESS WHEREOF Assignor and Assignee have executed this Assignment as of the date first set foith above. ASSIGNOR: ,a By: Name: Its: FORM - DO NOT SIGN ASSIGNEE: ,a B7: Name: Its: FORM - DO NOT SIGN [NOTE: The presence of the signature blocks below in this form shall not be deemed to require the consent of the City to any assignment that does not otherwise require the consent of City under the DA.] City of Cupertino, a California municipal corporation, hereby consents to the assignment and assumption described in the foregoing Assignment and Assumption Agreement. CITY: CITY OF CUPERTINO, a California municipal corporation B7:FORM - DO NOT SIGN , City Manager ATTEST: , City Clerk APPROVED AS TO FORM: City Attorney Exhibit G-4 CC 04-21-20 97 of 548 ACKNOWLEDGMENTS A notary public or other officer completing this ceitificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On , before me, (Name of Notary) notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acla'iowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY rinder the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and officiaI seal. (Notary Signature) *******I********* Acknowledgements CC 04-21-20 98 of 548 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On , before me, (Naine of Notary) notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instriunent the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph. is true and correct. WITNESS my hand and official seal. (Notary Signature) Acknowledgements CC 04-21-20 99 of 548 CITY OF CUPERTINO Legislation Text Subject: Consider an appeal of the Planning Commission's approval of a Minor Residential Permit to allow a second-story balcony. (Application: RM-2017-39; Applicant: Francis Kun (Tsai residence); Project Location: 21865 San Fernando Avenue; A.P.N.: 357-15-043; Appellant(s): Shayjan Huang and Eric and Cindy Fang) That the City Council Adopt Resolution No. 20-036 denying the appeal and upholding the Planning Commission’s decision to approve the application, in accordance with the draft resolution (see Attachment A). File #:20-6852,Version:1 CITY OF CUPERTINO Printed on 4/15/2020Page 1 of 1 powered by Legistar™ CC 04-21-20 100 of 548 CITY COUNCIL STAFF REPORT Meeting: April 21, 2020 Subject: Consider an appeal of the Planning Commission’s approval of a Minor Residential Permit to allow a second-story balcony. (Application: RM-2017-39; Applicant: Francis Kun (Tsai residence); Project Location: 21865 San Fernando Avenue; A.P.N.: 357-15-043; Appellant(s): Shayjan Huang and Eric and Cindy Fang) Recommended Action: That the City Council deny the appeal and uphold the Planning Commission’s decision to approve the application, in accordance with the draft resolution (see Attachment A). Discussion: Project Data: General Plan Designation: Residential (0-4.4 DU/AC) General Plan Special Area: Monta Vista Village Special Area Zoning Designation: R1-7.5 (Single-Family Residential) Allowed Existing Proposed Net Lot Area - 9,966 sq. ft. (0.23 acres) 9,714 sq. ft.* (0.22 acres) Floor Area Ratio (F.A.R.) 4,371 sq. ft. (45%) 2,834 sq. ft. (29%) 4,369 sq. ft. (44.9%) Lot Coverage 4,857 sq. ft. (50%) 3,241 sq. ft. (33%) 4,217 (43.4%) 2nd Floor Balcony Setbacks Required Existing Proposed Front 20’ N/A N/A Rear 20’ N/A 60’-3” Side 15’ Each Side N/A 18’-9” & 17’-5” Project Consistency with: General Plan: Yes CC 04-21-20 101 of 548 Zoning: Yes Environmental Review: Categorically Exempt per Section 15303, Class 3 of the California Environmental Quality Act (CEQA) Guidelines * NOTE: Required 5’ dedication results in a reduction in the net lot area. Background: On October 11, 2017, Francis Kun of Atelier Designs, representing the homeowners David and Yi Ting Tsai, applied for a Residential Design Review Permit to allow the construction of a 520 square- foot first-floor addition and a 820 square-foot second story and a Minor Residential Permit to allow a second-story balcony located at 21865 San Fernando Avenue (See Figure 1). Projects where a proposed second-story addition result in a second-story side-yard setback of less than 15 feet to any interior side property line require a Residential Design Review Permit per the Single-Family Residential (R-1) Ordinance, Chapter 19.28 of the Cupertino Municipal Code (CMC). A Residential Design Review Permit was required for this project, and therefore, an architectural peer-review was conducted. Additionally, since a second-story balcony that will create views into neighboring side or rear-yards was proposed, a Minor Residential Permit was required in compliance with the R1 Ordinance. The following is a summary of the project events leading up to the City Council appeal: October 11, 2017: Francis Kun (Tsai residence) applies for a:  Residential Design Review Permit (R-2017-33) to consider allowing the construction of a 520 square-foot first-floor addition and an 820 square-foot new second story and Figure 1. Subject property – red outline. Appellants’ properties – Yellow outline. CC 04-21-20 102 of 548  Minor Residential Permit (RM-2017-39) to consider allowing an approximately 280 square-foot second- story balcony located at 21865 San Fernando Avenue. October 11 - The project undergoes an architectural peer-review by the November 11, 2019: City’s Consulting Architect. November 11, 2017: The Planning Division receives a letter in opposition to the project signed by 11 neighbors. November 17, 2017: The property owner, David Tsai, meets with adjacent neighbors to discuss the project concerns outlined in the letter. February 21, 2018: The applicant revises the project to address concerns identified by adjacent property owners as follows:  A proposed three-car (653 sq. ft.) garage reduced to a two-car (498.5 sq. ft.) garage with the third car space converted to a carport;  The first-floor rear-yard setback increased from 41’-7” to 48’;  The proposed second story relocated approximately 12’ closer to the street; thereby increasing the second-story rear-yard setback from 68’ to 80’-9” and the balcony rear- yard setback from 44’-4” to 60’-3”;  The balcony reduced by approximately 235 sq. ft., resulting in an increase in the balcony side-yard setback from 10’ to 18’-9”; and  The proposed exterior staircase to the balcony removed. November 2017 - Staff conducts multiple informal meetings at City Hall May 2019: and on-site with adjacent property owners. May 1, 2019: 14-day public comment period starts. May 1 – 15, 2019: Staff receives multiple written comments during the public comment period, including a letter signed by 35 neighbors (this was re-submitted with the Planning Commission appeal forms).1 1 See Attachment 4 online at: https://cupertino.legistar.com/LegislationDetail.aspx?ID=4223260&GUID=89E9C2CA -AAC3- 45E8-927B-16A9D7E919EB&Options=&Search= CC 04-21-20 103 of 548 June 24, 2019 The applicant revises the project again in response to comments received during the public comment period. The following revisions were incorporated to the carport design:  The width of the proposed carport posts were reduced; and  A flat roof line was incorporated into the design by reducing the roof pitch of the carport, resulting in a decrease in height by approximately 4’. June 25, 2019: The Residential Design Review and Minor Residential permits are approved as they are found to be consistent with all aspects of the R-1 Ordinance. July 10, 2019: Shayjan Huang, and Eric and Cindy Fang file an appeal of the Director of Community Development’s decision to approve the Residential Design Review (R-2017-33) and Minor Residential (RM-2017-39) permits. November 12, 2019: Planning Commission conducts a public hearing, considers the facts, comments and data, and denies the appeal and upholds the Director’s decision to approve the Residential Design Review and Minor Residential permits with minor revisions to the resolutions (see Attachments B, C, and D). November 26, 2019: Shayjan Huang and Eric and Cindy Fang appeal the Planning Commission’s decision to uphold the Minor Residential Permit (RM-2017-39) (Attachment E).2 Attachment E includes two letters of concern signed by a total of 64 residents. One of the letters was previously submitted during the May 2019 public comment period, and the second letter was submitted as a desk item at the Planning Commission’s November 2019 public hearing. Contents of the Appeal: The appeal of the Minor Residential Permit (RM -2017-39) is focused on privacy, security, and the obstruction of neighboring views. The appellants’ specific basis of appeal of the Planning Commission’s decision is summarized below with relevant quotes in italics. 2 Residential Design Review Permit (R-2017-33) was not appealed, therefore, issues related to that application are not addressed in this staff report. CC 04-21-20 104 of 548 Comments: “The balcony will basically be well into the lot and look into every neighbor's backyards.” “Not only will every neighbor’s backyard privacy and security be severely impacted...” “Numerous neighbors see the huge 284 sq. ft. balcony as a safety threat.” “…neighbors will be forced to behold this watch-tower like, monster balcony instead of open views from their backyards.” “…not build his 500+ SF balcony for the purpose of aligning with his neighbors to leave the neighborhood backyard views/space open.” “We are simply asking ….. not build this type of balcony.” “With the close proximity of living next to each other, our backyard serenity and beauty is ruined.” “Granting this permit will be detrimental or injurious to property value improvements in the vicinity. Countless neighbors say they do not want to live next to a house like this.” “We are not ensured the provision of light, healthy air, and reasonable level of privacy with this proposed project.” “This proposed project not only breaks the harmonious scale and design of the general neighborhood but destroys relationships with neighbors.” “The proposed long building, though under adherence to setback requirements, is unattractive and destroys the backyard beauty and visual enjoyment of the mountains and surrounding nature.” “…it bring [sic] much pain and distress to its surrounding neighbors due to their invasiveness into our backyards, privacy and security issues, and blocking of our open space/view.” Staff response: One of the purposes of the R-1 Ordinance is to ensure the provision of light, air, and a reasonable level of privacy to individual residential parcels (CMC Section 19.28.010). This is achieved by implementing objective requirements adopted in the R-1 Ordinance. Building envelope requirements for the first floor and setback requirements for the first and second floors ensure that a reasonable level of light and air is available for neighbors. Privacy protection plantings mitigate privacy impacts from second-story windows and balconies and the visual mass of two- story residences. Preservation of views is not one of the stated purposes of the R - 1 Ordinance. The R-1 Ordinance has specified setback requirements for second story balconies. The project proposes a rear-yard balcony setback of over 60’ where 20’ is required; a side-yard balcony setback of 18’-9” on the west side and 17’-5” on the east side, CC 04-21-20 105 of 548 where only 15’ is required. Therefore, the proposed second-story balcony exceeds the established setback requirements. The square footage of second story balconies is not included in floor area calculations, but in the event the balcony overhangs over the first floor, it is included in the lot coverage. Elimination of the balcony would not impact the floor area or lot coverage for the property. In addition, the project complies with the privacy screening requirements of the R-1 Ordinance by providing privacy screening plantings for the second-story balcony along the western, eastern, and northern property lines. Per the R-1 Ordinance, the objective of privacy protection plantings is to provide substantial (not complete) screening within three years of planting. These plantings are considered Protected Trees under the City’s Municipal Code (Chapter 14.18) and are recorded as such with a covenant against the property to inform current and future property owners about their protected status. They cannot be removed without obtaining a tree removal permit and providing replacement plantings, which are subsequently recorded as Protected Trees. To further address the appellant’s privacy concerns, the Planning Commission revised the privacy planting condition (Condition No. 10) in the resolution for the Minor Residential Permit to additionally stipulate that “privacy protection shall include alternative privacy plantings consistent with the City’s requirements and balcony railing of at least 48”, comprised of materials that provide sufficient privacy screening.” With this modification, the Planning Commission denied the appeal and upheld the Director’s decision to approve the Minor Residential Permit (in addition to the Residential Design Review Permit). There are several other points raised by the appellants which are addressed below:  Other neighbors would not propose a second story balcony: All the properties in the vicinity of the subject property are zoned R -1 and could propose similar second-story balconies as long as setback and privacy plantings are provided (unless waived by a neighbor).  Concerns about the length of the building: The length of the building (including the length the second story balcony adds to it) is a function of the depth of the lot and the building pad allowed by the R-1 Ordinance.  Safety concerns related to potential future Short Term Rental activity: While this is speculative, the City currently has regulations in place regarding Short Term Rental activity. Furthermore, the City is in the process of considering adoption of Short Term Rental regulations, which would limit the number of overnight guests and prohibit commercial activity – including parties and weddings - among other Municipal Code regulations that could be used to restrict such future activities. CC 04-21-20 106 of 548  The proposed residence would negatively impact surrounding property values: However, there are no facts provided related to this assertion.  The balcony is causing neighbor disharmony: The term “harmony” in this context pertains to architectural harmony – not neighbor harmony. The architectural design of the project, including the second-story balcony, was reviewed by the City’s consulting architect. Modifications were made to the original design by incorporating the consulting architect’s recommendations. With these changes, the home with the balcony was found to be compatible with the neighborhood and meet the design principles in the R-1 Ordinance. There have been no changes to the project since the Planning Commission’s decision. The City Council has the option to amend the size an d location of the second-story balcony and/or require larger and specific privacy trees or uphold the appeal. Environmental Review: This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15303 of the CEQA Guidelines. Public Noticing and Outreach: The following table is a brief summary of the noticing for this appeal: Notice of Public Hearing & Site Signage Agenda  Site Signage (at least 10 days prior to hearing)  108 notices mailed to property owners within 300 feet the project site and individuals who commented on the project (at least 10 days prior to the hearing)  Legal ad placed in newspaper (at least 10 days prior to the hearing)  Posted on the City's official notice bulletin board (six days prior to hearing)  Posted on the City of Cupertino’s Web site (six days prior to hearing) No public comments were received at the time of production of this staff report. Sustainability Impact: None. Fiscal Impact: None. CC 04-21-20 107 of 548 Conclusion: Planning Commission and staff found that the proposed project complies with all aspects of Chapter 19.28 of the Cupertino Municipal Code. Further, the applicant has revised their project twice to address the concerns of surrounding property owners. Therefore, staff recommends that the City Council deny the appeal and uphold the Planning Commission’s decision to approve the Minor Residential Permit in accordance with the Resolution for Application RM-2017-39. Next Steps: The City Council’s decision on this project is final unless reconsidered within 10 days of the decision. Prepared by: Erika Poveda, Associate Planner Piu Ghosh, Planning Manager Reviewed by: Benjamin Fu, Director of Community Development Approved for Submission by: Dianne Thompson, Assistant City Manager Attachments: A. Draft Resolution approving RM-2017-39 B. Planning Commission Resolution No. 6887 (R-2017-33) C. Planning Commission Resolution No. 6888 (RM-2017-39) D. Approved Plan Set E. Appellant Letter and Supplemental Documents CC 04-21-20 108 of 548 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 DRAFT RESOLUTION XXXX OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION’S DECISION TO ALLOW THE CONSTRUCTION OF A SECOND-STORY BALCONY AT AN EXISTING SINGLE-FAMILY RESIDENCE LOCATED AT 21865 SAN FERNANDO AVENUE SECTION I: PROJECT DESCRIPTION Application No.: RM-2017-39 Applicant: Francis Kun Property Owner: David and Yiting Tsai Appellants: Shayjan Huang and Eric and Cindy Fang Location: 21865 San Fernando Avenue (APN: 357-15-043) SECTION II: FINDINGS FOR A MINOR RESIDENTIAL PERMIT: WHEREAS, the City of Cupertino received an application for a Minor Residential Permit to allow the construction of a second-story balcony; and WHEREAS, the project is determined to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines; and WHEREAS, the necessary notices were given and the comment period for the application was provided as required by the Procedural Ordinance of the City of Cupertino; and WHEREAS, the Director of Community Development made the findings required under Section 19.28.140(A) and approved the application with conditions on June 25, 2019; and WHEREAS, the notice of decision was mailed to the appropriate parties, including the applicant and any person who contacted City staff with comments during the comment period, notifying them about the possibility of appealing a project; and WHEREAS, the Planning Commission of the City of Cupertino received an appeal of the Community Development Director’s approval of the Minor Residential Permit on July 10, 2019; and CC 04-21-20 109 of 548 Draft Resolution RM-2017-39 April 21, 2020 Page 2 WHEREAS, the necessary notices were given as required by the Procedural Ordinance of the City of Cupertino, and the Planning Commission held at least one public hearing in regard to the appeal; and WHEREAS, the Planning Commission made the findings required under Section 19.28.140(A) and approved the application with minor amendments to the conditions of approval on November 12, 2019; and WHEREAS, the City Council of the City of Cupertino received an appeal of the Planning Commission’s approval of the Minor Residential Permit on November 26, 2019; and WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the City of Cupertino, and the City Council has held at least one public hearing in regard to the appeal; and WHEREAS, the appellants have not met the burden of proof required to support said appeal; and WHEREAS, the City Council finds as follows with regard to this application: 1. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinance, and the purposes of the R-1 Ordinance; and The proposed project is consistent with the existing residential land use designations of the Cupertino General Plan. There are no applicable specific plans that affect the project. The project has been found to be consistent with Chapter 19.28, Single-Family Residential (R-1) Ordinance, of the Cupertino Municipal Code for setbacks, lot coverage, and other applicable development standards. The R-1 Ordinance allows property owners the ability to construct second-story balconies as long as either privacy protection trees and/or shrubs are planted as required by the ordinance. The project complies with the privacy protection plantings as required by the R-1 Ordinance to ensure that visual impacts to adjacent neighbors are mitigated. 2. The granting of the permit will not result in a condition that is detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety or welfare; and The granting of the permit will not result in a condition that is detrimental or injurious to property improvements in the vicinity, and will not be detrimental to the public health, safety or welfare as the project is located within the R1-7.5 (Single Family Residential) zoning district, and will be compatible with the surrounding uses of the neighborhood. The project CC 04-21-20 110 of 548 Draft Resolution RM-2017-39 April 21, 2020 Page 3 meets the building development regulations of the R-1 Ordinance and complies with the privacy protection measures to ensure that visual impacts to adjacent neighbors are mitigated. 3. The proposed project is harmonious in scale and design with the general neighborhood; and The project is located within the R1-7.5 (Single Family Residential) zoning district and will be compatible with the surrounding uses of the neighborhood. The purpose of the R-1 Ordinance is to enhance the identity of residential neighborhoods, to ensure the provision of light, air, and a reasonable level of privacy to individual residential parcels, to ensure a reasonable level of compatibility in scale of structures within the neighborhood, and to reinforce the predominantly low-intensity setting in the community. The project meets the building development regulations of the R-1 Ordinance including lot coverage, setbacks and other applicable development standards. Overall, the proposed project maintains a single-family home scale and is compatible with the general neighborhood. 4. Adverse visual impacts on adjoining properties have been reasonably mitigated. Any potential adverse visual impacts on adjoining properties have been reasonably mitigated through adherence to the setback requirements and privacy protection measures of the R-1 Ordinance. The proposal for 21865 San Fernando Avenue meets, and in some cases exceeds, all setback requirements for the R1-7.5 zoning district. The project proposes a rear-yard second-story balcony setback of over 60’ where 20’ is required. The R-1 Ordinance allows property owners the ability to construct second-story windows and balconies as long as privacy protection trees and/or shrubs are planted as required by the ordinance. The project complies with the privacy screening requirements of the R-1 Ordinance by providing privacy screening plantings for the second-story balcony along the western, eastern, and northern property lines. Per the R-1 Ordinance, the objective of privacy protection plantings is to provide substantial screening within three years of planting. Privacy protection plantings are considered Protected Trees under the City’s Municipal Code (Chapter 14.18) and are recorded as such with a covenant against the property to inform current and future property owners about their protected status. Protected trees cannot be removed without obtaining a tree removal permit and providing replacement plantings, which will be subsequently recorded as Protected Trees. Furthermore, the Planning Commission amended Condition #10 to require a minimum 48” balcony railing comprised of materials that provide sufficient privacy screening. CC 04-21-20 111 of 548 Draft Resolution RM-2017-39 April 21, 2020 Page 4 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony, and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 4 thereof: The City Council DENIES the appeal of an application for a Minor Residential Permit (RM- 2017-39) and UPHOLDS the Planning Commission’s approval of the Minor Residential Permit. The City Council also finds that the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the Public Hearing record concerning Application no. RM-2017-39 as set forth in the Minutes of City Council Meeting of April 21, 2020 and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is based on a plan set entitled, “Residential Remodel and Addition for Mr. and Mrs. David and Yiting Tsai, 21865 San Fernando Avenue, Cupertino, CA 95014,” consisting of 16 sheets labeled “A-1 through A-9, CB, FAD, L-1, L-2, and Boundary Topographic Survey Map” and the supplemental privacy screening documents consisting of two pages entitled “Existing Privacy Screening” and “Alternative Privacy Screening Used,” except as may be amended by conditions in this resolution. 2. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the building plans. 3. ACCURACY OF THE PROJECT PLANS The applicant/property owner is responsible for verifying all pertinent property data including, but not limited to, property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of property data may invalidate this approval and may require additional review. 4. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM The project shall comply with the requirements indicated on the Public Works Confirmation form dated October 17, 2017, including, but not limited to, dedications, easements, off-site improvements, undergrounding of utilities, all necessary agreements, and utility installations/relocations as deemed necessary by the Director CC 04-21-20 112 of 548 Draft Resolution RM-2017-39 April 21, 2020 Page 5 of Public Works and required for public health and safety. The Pu blic Works Confirmation is a preliminary review, and is not an exhaustive review of the subject development. Additional requirements may be established and implemented during the construction permitting process. The project construction plans shall address these requirements with the construction permit submittal, and all required improvements shall be completed to the satisfaction of the Director of Public Works prior to final occupancy. 5. DRIVEWAY GATE FENCE EXCEPTION The electronic driveway gate fence indicated on the plans is not approved. Either a Fence Exception Permit must be obtained in compliance with Chapter 19.48: Fences, of the Cupertino Municipal Code, prior to issuance of any building permits indicating the fence or it must be eliminated/removed. 6. ACCESORY BUILDINGS/STRUCTURES The location of all existing and proposed accessory buildings and/or structures shall be indicated on building permit plans and shall comply with Chapter 19.100, Accessory Buildings/Structures, of the Cupertino Municipal Code for review and approval prior to issuance of building permits. 7. EXTERIOR BUILDING MATERIALS/TREATMENTS The final building exterior plan shall closely resemble the details shown on the original approved plans. Final building exterior treatment plan (incl uding but not limited to details on exterior color, materials, architectural treatments, doors, windows, lighting fixtures, and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits to ensure quality and consistency. Any exterior changes determined to be substantial by the Director of Community Development shall either require a modification to this permit or a new permit based on the extent of the change. 8. FRONT YARD TREE The applicant shall indicate on site and landscape plans the location of a front yard tree to be located within the front yard setback area in order to screen the massing of the second story. The front yard tree shall be a minimum 24-inch box and 6 feet planted height and otherwise be consistent with the City’s requirements. 9. FRONT YARD TREE COVENANT The property owner shall record a covenant on this property with the Santa Clara County Recorder’s Office that requires the retention and maintenance of the required front yard tree. The precise language will be subject to approval by the Director of CC 04-21-20 113 of 548 Draft Resolution RM-2017-39 April 21, 2020 Page 6 Community Development. Proof of recordation must be submitted to the Community Development Department prior to final occupancy of the residence. 10. PRIVACY PLANTING The final privacy planting plan shall be reviewed and approved by the Planning Division prior to issuance of building permits. Privacy protection shall include alternative privacy plantings consistent with the City’s requirements and balcony railing of at least 48”, comprised of materials that provide sufficient privacy screening. 11. PRIVACY PROTECTION COVENANT The property owner shall record a covenant on this property to inform future property owners of the privacy protection measures and tree protection requirements consistent with the R-1 Ordinance, for all windows with views into neighboring yards and a sill height that is 5 feet or less from the second story finished floor. The precise language will be subject to approval by the Director of Community Development. Proof of recordation must be submitted to the Community Development Department prior to final occupancy of the residence. 12. LANDSCAPE PROJECT SUBMITTAL Prior to issuance of building permits, the applicant shall submit a full Landscape Documentation Package, per sections 14.15.050 A, B, C, and D of the Landscape Ordinance, for projects with landscape area 500 square feet or more or elect to submit a Prescriptive Compliance Application per sections 14.15.040 A, B, and C for projects with landscape area between 500 square feet and 2,500 square feet. The Landscape Documentation Package or Prescriptive Compliance Application shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits, and additional requirements per sections 14.15.040 D, E, F, and G or 14.15.050 E, F, G, H, and I will be required to be reviewed and approved prior to final inspections. 13. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departmen ts and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 14. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials were recycled prior to issuance of final demolition permits. CC 04-21-20 114 of 548 Draft Resolution RM-2017-39 April 21, 2020 Page 7 15. DUST CONTROL The following construction practices shall be implemented during all phases of construction for the proposed project to prevent visible dust emissions from leaving the site: a. Water all active construction areas at least twice daily and more often during windy periods to prevent visible dust from leaving the site; active areas adjacent to windy periods; active areas adjacent to existing land uses shall be kept damp at all times, or shall be treated with non-toxic stabilizers or dust palliatives. b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard; c. Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. d. Sweep streets daily, or more often if necessary (preferably with water sweepers) if visible soil material is carried onto adjacent public streets. e. The applicant shall incorporate the City’s construction best management practices into the building permit plan set. 16. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS The applicant shall comply with the following grading and construction hours and noise limit requirements unless otherwise indicated. a. All grading activities shall be limited to the dry season (April 15 to October 1), unless permitted otherwise by the Director of Public works. b. Construction hours and noise limits shall be compliant with all requirements of Chapter 10.48 of the Cupertino Municipal Code. c. Grading, street construction, underground utility and demolition hours for work done more than 750 feet away from residential areas shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Grading, street construction, demolition or underground utility wo rk within 750 feet of residential areas shall not occur on Saturdays, Sundays, holidays, and during the nighttime period as defined in Section 10.48.053(b) of the Municipal Code. d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays as defined in Chapter 10.48 of the Municipal Code. Night time construction is allowed if compliant with nighttime standards of Section 10.48 of the Cupertino Municipal Code. e. Rules and regulations pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of an CC 04-21-20 115 of 548 Draft Resolution RM-2017-39 April 21, 2020 Page 8 applicant appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. f. The applicant shall be responsible for educating all contractors and subcontractors of said construction restrictions. 17. INDEMNIFICATION Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the City, its City Council, and its officers, employees and agents (collectively, the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against one or more of the indemnified parties or one or more o f the indemnified parties and the applicant to attack, set aside, or void this Resolution or any permit or approval authorized hereby for the project, including (without limitation) reimbursing the City its actual attorneys’ fees and costs incurred in defense of the litigation. The applicant shall pay such attorneys’ fees and costs within 30 days following receipt of invoices from City. Such attorneys’ fees and costs shall include amounts paid to counsel not otherwise employed as City staff and shall includ e City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. 18. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90 -day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED this 21st day of April, 2020, at the Regular Meeting of the City Council of the City of Cupertino, State of California, by the following roll call vote: Vote Members of the City Council AYES: NOES: ABSTAIN: ABSENT: CC 04-21-20 116 of 548 Draft Resolution RM-2017-39 April 21, 2020 Page 9 ATTEST: APPROVED: Kirsten Squarcia Steven Scharf, Mayor City Clerk City of Cupertino CC 04-21-20 117 of 548 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6887 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYING AN APPEAL AND UPHOLDING THE DIRECTOR OF COMMUNITY DEVELOPMENT’S DECISION TO ALLOW THE CONSTRUCTION OF A 520 SQUARE-FOOT FIRST-FLOOR ADDITION AND A NEW 820 SQUARE-FOOT SECOND-STORY ADDITION WITH A SECOND STORY SETBACK LESS THAN 15 FEET, LOCATED AT 21865 SAN FERNANDO AVENUE SECTION I: PROJECT DESCRIPTION Application No.: R-2017-33 Applicant: Francis Kun (Tsai Residence) Appellants: Shayjan Huang and Eric and Cindy Fang Location: 21865 San Fernando Avenue (APN: 357-15-043) SECTION II: FINDINGS FOR A RESIDENTIAL DESIGN REVIEW PERMIT: WHEREAS, the City of Cupertino received an application for a Residential Design Review Permit to allow the construction of a 520 square-foot first floor addition and a new 820 square- foot second-story with a second story setback less than 15 feet to an existing single-family residence; and WHEREAS, the project is determined to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines; and WHEREAS, the necessary notices were given and the comment period for the application was provided as required by the Procedural Ordinance of the City of Cupertino; and WHEREAS, the Director of Community Development made the findings required under Section 19.28.140(C) and approved the application with conditions on June 25, 2019; and WHEREAS, the notice of decision was mailed to the appropriate parties, including the applicant and any person who contacted City staff with comments during the comment period, notifying them about the possibility of appealing a project; and WHEREAS, the Planning Commission of the City of Cupertino received an appeal of the Community Development Director’s approval of the Residential Design Review Permit; and CC 04-21-20 118 of 548 Resolution No. 6887 R-2017-33 November 12, 2019 Page 2 WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the appeal; and WHEREAS, the appellants have not met the burden of proof required to support said appeal; and WHEREAS, the Planning Commission finds as follows with regard to this application: 1. The project is consistent with the Cupertino General Plan, any applicab le specific plans, zoning ordinance, and the purposes of the R-1 Ordinance; and The proposed project is consistent with the existing residential land use designations of the Cupertino General Plan. There are no applicable specific plans that affect the project. The project has been found to be consistent with Chapter 19.28, Single-Family Residential (R-1) Ordinance, of the Cupertino Municipal Code for setbacks, lot coverage, floor area ratio, and other development standards. 2. The granting of the permit will not result in a condition that is detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, or welfare; and The granting of the permit will not result in a condition that is detrimental or injurious to property improvements in the vicinity, and will not be detrimental to the public healt h, safety or welfare as the project is located within the R1-7.5 (Single Family Residential) zoning district, and will be compatible with the surrounding uses of the neighborhood. The project meets the building development regulations of the R-1 Ordinance and complies with the privacy protection measures to ensure that visual impacts to adjacent neighbors are mitigated. 3. The project is harmonious in scale and design with the general neighborhood; and The project is located within the R1-7.5 (Single Family Residential) zoning district and will be compatible with the surrounding uses of the neighborhood. The subject neighborhood contains a healthy mix of single-story and two-story homes, making the proposed project compatible with the neighborhood. The purpose of the R-1 Ordinance is to enhance the identity of residential neighborhoods, to ensure the provision of light, air, and a reasonable level of privacy to individual residential parcels, to ensure a reasonable level of compatibility in scale of structures within the neighborhood, and to reinforce the predominantly low-intensity setting in the community. The project meets the building development regulations of the R-1 Ordinance including floor area ratio, lot coverage, setbacks, and building height. Overall, the proposed project maintains a single- family home scale and is compatible with the general neighborhood. 4. The project is consistent with the two-story design principles and generally consistent with the single-family residential design guidelines; and The project is consistent with the two-story design principles as well as the single-family residential design guidelines through the identification of an architectural style that is consistent CC 04-21-20 119 of 548 Resolution No. 6887 R-2017-33 November 12, 2019 Page 3 with the existing residence and incorporation of appropriate design featres and high quality materials. As part of the Residential Design Review, the project underwent an architectural peer-review by the City’s Consulting Architect for design and neighborhood compatibility. The applicant complied with the Consulting Architect’s recommendations to better incorporate the new second-story into the existing structure. Furthermore, the applicant has voluntarily revised the scope of the project twice in order to address the concerns of adjacent property owners by not only relocating the second story, but also by reducing the size of the second-story balcony and also by reducing the size of the carport. 5. Adverse visual impacts on adjoining properties have been reasonably mitigated. Any potential adverse visual impacts on adjoining properties have been reasonably mitigated through adherence to the setback requirements and privacy protection measures of the R-1 Ordinance. The proposal for 21865 San Fernando Avenue meets, and in some cases exceeds, all setback requirements for the R1-7.5 zoning district. The project proposes a first-floor rear-yard setback of 48’ where only 20’ is required and a second-story rear-yard setback of 80’-9” where only 25’ is required. The R-1 Ordinance allows property owners the ability to construct second-story windows and balconies as long as privacy protection trees and/or shrubs are planted as required by the ordinance. The project complies with the privacy screening requirements of the R-1 Ordinance by providing privacy screening plantings for all second-story balconies and second-story windows with a sill height below 5 feet along the western, eastern, and northern property lines. Per the R-1 Ordinance, the objective of privacy protection plantings is to provide substantial screening within three years of planting. Privacy protection plantings are considered Protected Trees under the City’s Municipal Code (Chapter 14.18) and are recorded as such with a covenant against the property to inform current and future property owners about their protected status. Protected trees cannot be removed without obtaining a tree removal permit and providing replacement plantings. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of the initial study, maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in t his Resolution beginning on PAGE 4 thereof: The Planning Commission DENIES the appeal of an application for a Design Review Permit (R- 2017-33) and UPHOLDS the Administrative approval of the Design Review Permit. The Planning Commission also finds that the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the Public Hearing record concerning Application no. R-2017-33 as set forth in the Minutes of Planning Commission Meeting of November 12, 2019 and are incorporated by reference as though fully set forth herein. CC 04-21-20 120 of 548 Resolution No. 6887 R-2017-33 November 12, 2019 Page 4 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is based on a plan set entitled, “Residential Remodel and Addition for Mr. and Mrs. David and Yiting Tsai, 21865 San Fernando Avenue, Cupertino, CA 95014,” consisting of 16 sheets labeled “A-1 through A-9, CB, FAD, L-1, L-2, and Boundary Topographic Survey Map” and the supplemental privacy screening documents consisting of two pages entitled “Existing Privacy Screening” and “Alternative Privacy Scr eening Used,” except as may be amended by conditions in this resolution. 2. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the building plans. 3. ACCURACY OF THE PROJECT PLANS The applicant/property owner is responsible for verifying all pertinent property data including, but not limited to, property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of property data may invalidate this approval and may require additional review. 4. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM The project shall comply with the requirements indicate d on the Public Works Confirmation form dated October 17, 2017, including, but not limited to, dedications, easements, off-site improvements, undergrounding of utilities, all necessary agreements, and utility installations/relocations as deemed necessary by the Director of Public Works and required for public health and safety. The Public Works Confirmation is a preliminary review, and is not an exhaustive review of the subject development. Additional requirements may be established and implemented during t he construction permitting process. The project construction plans shall address these requirements with the construction permit submittal, and all required improvements shall be completed to the satisfaction of the Director of Public Works prior to final occupancy. 5. DRIVEWAY GATE FENCE EXCEPTION The electronic driveway gate fence indicated on the plans is not approved. Either a Fence Exception Permit must be obtained in compliance with Chapter 19.48: Fences, of the Cupertino Municipal Code, prior to issuance of any building permits indicating the fence or it must be eliminated/removed. 6. ACCESORY BUILDINGS/STRUCTURES The location of all existing and proposed accessory buildings and/or structures shall be indicated on building permit plans and shall comply with Chapter 19.100, Accessory Buildings/Structures, of the Cupertino Municipal Code for review and approval prior to issuance of building permits. CC 04-21-20 121 of 548 Resolution No. 6887 R-2017-33 November 12, 2019 Page 5 7. EXTERIOR BUILDING MATERIALS/TREATMENTS The final building exterior plan shall closely resemble the details sh own on the original approved plans. Final building exterior treatment plan (including but not limited to details on exterior color, materials, architectural treatments, doors, windows, lighting fixtures, and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits to ensure quality and consistency. Any exterior changes determined to be substantial by the Dir ector of Community Development shall either require a modification to this permit or a new permit based on the extent of the change. 8. FRONT YARD TREE The applicant shall indicate on site and landscape plans the location of a front yard tree to be located within the front yard setback area in order to screen the massing of the second story. The front yard tree shall be a minimum 24-inch box and 6 feet planted height and otherwise be consistent with the City’s requirements. 9. FRONT YARD TREE COVENANT The property owner shall record a covenant on this property with the Santa Clara County Recorder’s Office that requires the retention and maintenanc e of the required front yard tree. The precise language will be subject to approval by the Director of Community Development. Proof of recordation must be submitted to the Community Development Department prior to final occupancy of the residence. 10. PRIVACY PLANTING The final privacy planting plan shall be reviewed and approved by the Planning Division prior to issuance of building permits. Privacy protection shall include alternative privacy plantings consistent with the City’s requirements and balcony railing of at least 48”, comprised of materials that provide sufficient privacy screening. 11. PRIVACY PROTECTION COVENANT The property owner shall record a covenant on this propert y to inform future property owners of the privacy protection measures and tree protection requirements consistent with the R-1 Ordinance, for all windows with views into neighboring yards and a sill height that is 5 feet or less from the second story finis hed floor. The precise language will be subject to approval by the Director of Community Development. Proof of recordation must be submitted to the Community Development Department prior to final occupancy of the residence. 12. LANDSCAPE PROJECT SUBMITTAL Prior to issuance of building permits, the applicant shall submit a full Landscape Documentation Package, per sections 14.15.050 A, B, C, and D of the Landscape Ordinance, for projects with landscape area 500 square feet or more or elect to submit a Prescriptive Compliance Application per sections 14.15.040 A, B, and C for projects with landscape area between 500 square feet and 2,500 square feet. The Landscape Documentation Package or CC 04-21-20 122 of 548 Resolution No. 6887 R-2017-33 November 12, 2019 Page 6 Prescriptive Compliance Application shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits, and additional requirements per sections 14.15.040 D, E, F, and G or 14.15.050 E, F, G, H, and I will be required to be reviewed and approved prior to final inspections. 13. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requiremen ts. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 14. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials were recycled prior to issuance of final demolition permits. 15. DUST CONTROL The following construction practices shall be implemented during all phases of construction for the proposed project to prevent visible dust emissions from leaving the site: a. Water all active construction areas at least twice daily and more often during windy periods to prevent visible dust from leaving the site; active areas adjacent to windy periods; active areas adjacent to existing land uses shall be kept damp at all times, or shall be treated with non-toxic stabilizers or dust palliatives. b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard; c. Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. d. Sweep streets daily, or more often if necessary (preferably with water sweepers) if visible soil material is carried onto adjacent public streets. e. The applicant shall incorporate the City’s construction best management practices into the building permit plan set. 16. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS The applicant shall comply with the following grading and construction hours and noise limit requirements unless otherwise indicated. a. All grading activities shall be limited to the dry season (April 15 to October 1), unless permitted otherwise by the Director of Public works. b. Construction hours and noise limits shall be compliant with all require ments of Chapter 10.48 of the Cupertino Municipal Code. c. Grading, street construction, underground utility and demolition hours for work done more than 750 feet away from residential areas shall be l imited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Grading, street construction, demolition or underground utility work within 750 fee t of residential CC 04-21-20 123 of 548 Resolution No. 6887 R-2017-33 November 12, 2019 Page 7 areas shall not occur on Saturdays, Sundays, holidays, and durin g the nighttime period as defined in Section 10.48.053(b) of the Municipal Code. d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays as defined in Chapter 10.48 of the Municipal Code. Night time construction is allowed if compliant with nighttime standards of Section 10.48 of the Cupertino Municipal Code. e. Rules and regulations pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of an applicant appointed disturbance coordinator, shall be posted in a prominent location at the entranc e to the job site. f. The applicant shall be responsible for educating all contracto rs and subcontractors of said construction restrictions. 17. INDEMNIFICATION Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the City, its City Council, and its officers, employees and agents (collectively, the “indemni fied parties”) from and against any claim, action, or proceeding brought by a third party against one or more of the indemnified parties or one or more of the indemnified part ies and the applicant to attack, set aside, or void this Resolution or any permit or approval authorized hereby for the project, including (without limitation) reimbursing the City its actual attorneys’ fees and costs incurred in defense of the litigation. The applicant shall pay such attorneys’ fees and costs within 30 days following receipt of invoices from City. Such attorneys’ fees and costs shall include amounts paid to counsel not otherwise employed as City staff and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. 18. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exac tions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. CC 04-21-20 124 of 548 Resolution No. 6887 R-2017-33 November 12, 2019 Page 8 PASSED AND ADOPTED this 12th day of November, 2019, at the Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chair Wang, Vice Chair Saxena, Moore, Fung NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: Takahashi ATTEST: APPROVED: /s/Benjamin Fu /s/R Wang______ Benjamin Fu R Wang Director, Community Development Chair, Planning Commission CC 04-21-20 125 of 548 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6888 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYING AN APPEAL AND UPHOLDING THE DIRECTOR OF COMMUNITY DEVELOPMENT’S DECISION TO ALLOW THE CONSTRUCTION OF A SECOND-STORY BALCONY AT AN EXISTING SINGLE-FAMILY RESIDENCE LOCATED AT 21865 SAN FERNANDO AVENUE SECTION I: PROJECT DESCRIPTION Application No.: RM-2017-39 Applicant: Francis Kun (Tsai Residence) Appellants: Shayjan Huang and Eric and Cindy Fang Location: 21865 San Fernando Avenue (APN: 357-15-043) SECTION II: FINDINGS FOR A MINOR RESIDENTIAL PERMIT: WHEREAS, the City of Cupertino received an application for a Minor Residential Permit to allow the construction of a second-story balcony; and WHEREAS, the project is determined to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines; and WHEREAS, the necessary notices were given and the comment period for the application was provided as required by the Procedural Ordinance of the City of Cupertino; and WHEREAS, the Director of Community Development made the findings required under Section 19.28.140(A) and approved the application with conditions on June 25, 2019; and WHEREAS, the notice of decision was mailed to the appropriate parties, including the applicant and any person who contacted City staff with comments during the comment period, notifying them about the possibility of appealing a project; and WHEREAS, the Planning Commission of the City of Cupertino received an appeal of the Community Development Director’s approval of the Minor Residential Permit; and WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the appeal; and CC 04-21-20 126 of 548 Resolution No. 6888 RM-2017-39 November 12, 2019 Page 2 WHEREAS, the appellants have not met the burden of proof required to support said appeal ; and WHEREAS, the Planning Commission finds as follows with regard to this application: 1. The project is consistent with the Cupertino General Plan, any a pplicable specific plans, zoning ordinance, and the purposes of the R-1 Ordinance; and The proposed project is consistent with the existing residential land use designations of the Cupertino General Plan. Ther are no applicable specific plans that affect t he project. The project has been found to be consistent with Chapter 19.28, Single-Family Residential (R-1) Ordinance, of the Cupertino Municipal Code for setbacks, lot coverage, floor area ratio, and other development standards. The R-1 Ordinance allows property owners the ability to construct second-story balconies as long as either privacy protection trees and/or shrubs are planted as required by the ordinance. The project complies with the privacy protection plantings as required by the R-1 Ordinance to ensure that visual impacts to adjacent neighbors are mitigated. 2. The granting of the permit will not result in a condition that is detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public hea lth, safety or welfare; and The granting of the permit will not result in a condition that is detrimental or injurious to property improvements in the vicinity, and will not be detrimental to the public health, safety or welfare as the project is located within the R1-7.5 (Single Family Residential) zoning district, and will be compatible with the surrounding uses of the neighborhood. The project meets the building development regulations of the R-1 Ordinance and complies with the privacy protection measures to ensure that visual impacts to adjacent neighbors are mitigated. 3. The proposed project is harmonious in scale and design with the general neighborhood; and The project is located within the R1-7.5 (Single Family Residential) zoning district and will be compatible with the surrounding uses of the neighborhood. The purpose of the R-1 Ordinance is to enhance the identity of residential neighborhoods, to ensure the provision of light, air, and a reasonable level of privacy to individual residential parcels, to ensure a reasonable level of compatibility in scale of structures within the neighborhood , and to reinforce the predominantly low- intensity setting in the community. The project meets the building development regulations of the R- 1 Ordinance including floor area ratio, lot coverage, setbacks, and building height. Overall, the proposed project maintains a single-family home scale and is compatible with the general neighborhood. 4. Adverse visual impacts on adjoining properties have been reasonably mitigated. CC 04-21-20 127 of 548 Resolution No. 6888 RM-2017-39 November 12, 2019 Page 3 Any potential adverse visual impacts on adjoining properties have been reasonably mitigated through adherence to the setback requirements and privacy protection measures of the R-1 Ordinance. The proposal for 21865 San Fernando Avenue meets, and in some cases exceeds, all setback requirements for the R1-7.5 zoning district. The project proposes a rear-yard second-story balcony setback of over 60’ where 20’ is required. The R-1 Ordinance allows property owners the ability to construct second-story windows and balconies as long as privacy protection trees and/or shrubs are planted as required by the ordinance. The project complies with the privacy screening requirements of the R-1 Ordinance by providing privacy screening plantings for all second-story balconies and second-story windows with a sill height below 5 feet along the western, eastern, and northern property lines. Per the R-1 Ordinance, the objective of privacy protection plantings is to provide substantial screening within three years of planting. Privacy protection plantings are considered Protected Trees under the City’s Municipal Code (Chapter 14.18) and are recorded as such with a covenant against the property to inform current and future property owners about their protected status. Protected trees cannot be removed without obtaining a tree removal permit and providing replacement plantings. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony, and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 3 thereof: The Planning Commission DENIES the appeal of an application for a Minor Residential Permit (RM-2017-39) and UPHOLDS the Administrative approval of the Minor Residential Permit. The Planning Commission also finds that the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the Public Hearing record concerning Application no. RM-2017-39 as set forth in the Minutes of Planning Commission Meeting of November 12, 2019 and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is based on a plan set entitled, “Residential Remodel and Addition for Mr. and Mrs. David and Yiting Tsai, 21865 San Fernando Avenue, Cupertino, CA 95014,” consisting of 16 sheets labeled “A-1 through A-9, CB, FAD, L-1, L-2, and Boundary Topographic Survey Map” and the supplemental privacy screening documents consisting of two pages entitled “Existing Privacy Screening” and “Alternative Privacy Screening Used,” except as may be amended by conditions in this resolution. 2. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the building plans. CC 04-21-20 128 of 548 Resolution No. 6888 RM-2017-39 November 12, 2019 Page 4 3. ACCURACY OF THE PROJECT PLANS The applicant/property owner is responsible for verifying all pertinent property data including, but not limited to, property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of property data may invalidate this approval and may require additional review. 4. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM The project shall comply with the requirements indicated on the Public Works Confirmation form dated October 17, 2017, including, but not limited to, dedications, easements, off-site improvements, undergrounding of utilities, all necessary agreements, and utility installations/relocations as deemed necessary by the Director of Public Works and required for public health and safety. The Public Works Confirmation is a preliminary review, and is not an exhaustive review of the subject development. Additional requirements may be established and implemented during the construction permitting process. The project construction plans shall address these requirements with th e construction permit submittal, and all required improvements shall be completed to the satisfaction of the Director of Public Works prior to final occupancy. 5. DRIVEWAY GATE FENCE EXCEPTION The electronic driveway gate fence indicated on the plans is not approved. Either a Fence Exception Permit must be obtained in compliance with Chapter 19.48: Fences, of the Cupertino Municipal Code, prior to issuance of any building permits indicating the fence or it must be eliminated/removed. 6. ACCESORY BUILDINGS/STRUCTURES The location of all existing and proposed accessory buildings and/or structures shall be indicated on building permit plans and shall comply with Chapter 19.100, Accessory Buildings/Structures, of the Cupertino Municipal Code for review and approval prior to issuance of building permits. 7. EXTERIOR BUILDING MATERIALS/TREATMENTS The final building exterior plan shall closely resemble the details shown on the original approved plans. Final building exterior treatment plan (including but not limited to de tails on exterior color, materials, architectural treatments, doors, windows, lighting fixtures, and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits to ensure quality and cons istency. Any exterior changes determined to be substantial by the Director of Community Development shall either require a modification to this permit or a new permit based on the extent of the change. 8. FRONT YARD TREE The applicant shall indicate on site and landscape plans the location of a front yard tree to be located within the front yard setback area in order to screen the massing of the second CC 04-21-20 129 of 548 Resolution No. 6888 RM-2017-39 November 12, 2019 Page 5 story. The front yard tree shall be a minimum 24-inch box and 6 feet planted height and otherwise be consistent with the City’s requirements. 9. FRONT YARD TREE COVENANT The property owner shall record a covenant on this property with the Santa Clara County Recorder’s Office that requires the retention and maintenance of the required front yard tree. The precise language will be subject to approval by the Director of Community Development. Proof of recordation must be submitted to the Community Development Department prior to final occupancy of the residence. 10. PRIVACY PLANTING The final privacy planting plan shall be reviewed and approved by the Planning Division prior to issuance of building permits. Privacy protection shall include alternative privacy plantings consistent with the City’s requirements and balcony railing of at least 48”, comprised of materials that provide sufficient privacy screening. 11. PRIVACY PROTECTION COVENANT The property owner shall record a covenant on th is property to inform future property owners of the privacy protection measures and tree protection requirements consistent with the R-1 Ordinance, for all windows with views into neighboring yards and a sill height that is 5 feet or less from the second s tory finished floor. The precise language will be subject to approval by the Director of Community Development. Proof of recordation must be submitted to the Community Development Department prior to final occupancy of the residence. 12. LANDSCAPE PROJECT SUBMITTAL Prior to issuance of building permits, the applicant shall submit a full Landscape Documentation Package, per sections 14.15.050 A, B, C, and D of the Landscape Ordinance, for projects with landscape area 500 square feet or more or elect to submit a Prescriptive Compliance Application per sections 14.15.040 A, B, and C for projects with landscape area between 500 square feet and 2,500 square feet. The Landscape Documen tation Package or Prescriptive Compliance Application shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits, and additional requirements per sections 14.15.040 D, E, F, and G or 14.15.050 E, F, G, H, and I will be required to be reviewed and approved prior to final inspections. 13. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. CC 04-21-20 130 of 548 Resolution No. 6888 RM-2017-39 November 12, 2019 Page 6 14. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence t hat materials were recycled prior to issuance of final demolition permits. 15. DUST CONTROL The following construction practices shall be implemented during all phases of construction for the proposed project to prevent visible dust emissions from leaving the site: a. Water all active construction areas at least twice daily and more often during windy periods to prevent visible dust from leaving the site; active areas adjacent to w indy periods; active areas adjacent to existing land uses shall be kept damp at all times, or shall be treated with non-toxic stabilizers or dust palliatives. b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard; c. Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. d. Sweep streets daily, or more often if necessary (preferabl y with water sweepers) if visible soil material is carried onto adjacent public streets. e. The applicant shall incorporate the City’s construction best management practices into the building permit plan set. 16. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS The applicant shall comply with the following grading and construction hours and noise limit requirements unless otherwise indicated. a. All grading activities shall be limited to the dry season (April 15 to October 1), unless permitted otherwise by the Director of Public works. b. Construction hours and noise limits shall be compliant with all requirements of Chapter 10.48 of the Cupertino Municipal Code. c. Grading, street construction, underground utility and demolition hours for work done more than 750 feet away from residential areas shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Grading, street construction, demolition or underground utility work within 750 feet of residential areas shall not occur on Saturdays, Sundays, holidays, and during the nighttime period as defined in Section 10.48.053(b) of the Municipal Code. d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays as defined in Chapter 10.48 of the Municipal Code. Night time construction is allowed if compliant with nighttime standards of Section 10.48 of the Cupertino Municipal Code. e. Rules and regulations pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of an applicant appointed CC 04-21-20 131 of 548 Resolution No. 6888 RM-2017-39 November 12, 2019 Page 7 disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. f. The applicant shall be responsible for educating all contractors and subcontractors of said construction restrictions. 17. INDEMNIFICATION Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the City, its City Council, and its officers, employees and agents (collectively, the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant to attack, set aside, or void this Resolution or any permit or approval authorized hereby for the project, including (without limitation) reimbursing the City its actual attorneys’ fees and costs incurred in defense of the litigation. The applicant shall pay such attorneys’ fees and costs within 30 days following receipt of invoices from City. Such attorneys’ fees and costs shall include amounts paid to counsel not otherwise employed as City staff and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. 18. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, rese rvations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90 -day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. CC 04-21-20 132 of 548 Resolution No. 6888 RM-2017-39 November 12, 2019 Page 8 PASSED AND ADOPTED this 12th day of November, 2019, at the Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chair Wang, Vice Chair Saxena, Moore, Fung NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: Takahashi ATTEST: APPROVED: /s/Benjamin Fu /s/R Wang___ Benjamin Fu R Wang Director, Community Development Chair, Planning Commission CC 04-21-20 133 of 548 CC 04-21-20 134 of 548 CC 04-21-20 135 of 548 CC 04-21-20 136 of 548 CC 04-21-20 137 of 548 CC 04-21-20 138 of 548 CC 04-21-20 139 of 548 CC 04-21-20 140 of 548 CC 04-21-20 141 of 548 CC 04-21-20 142 of 548 CC 04-21-20 143 of 548 CC 04-21-20 144 of 548 CC 04-21-20 145 of 548 CC 04-21-20 146 of 548 CC 04-21-20 147 of 548 CC 04-21-20 148 of 548 CC 04-21-20 149 of 548 CC 04-21-20 150 of 548 CC 04-21-20 151 of 548 CC 04-21-20 152 of 548 CC 04-21-20 153 of 548 CC 04-21-20 154 of 548 CC 04-21-20 155 of 548 CC 04-21-20 156 of 548 CC 04-21-20 157 of 548 CC 04-21-20 158 of 548 CC 04-21-20 159 of 548 CC 04-21-20 160 of 548 CC 04-21-20 161 of 548 CC 04-21-20 162 of 548 CC 04-21-20 163 of 548 CC 04-21-20 164 of 548 CC 04-21-20 165 of 548 CC 04-21-20 166 of 548 CC 04-21-20 167 of 548 CC 04-21-20 168 of 548 CC 04-21-20 169 of 548 CC 04-21-20 170 of 548 CC 04-21-20 171 of 548 CITY OF CUPERTINO Legislation Text Subject: Fiscal Year (FY) 2020-21 Fee Schedule Update Adopt Resolution No. 20-037 Amending Below Market Rate Housing Mitigation Fees to adopt fee categories and amounts for self-storage and warehouse uses; and, Adopt Resolution No. 20-038 adopting FY 2020-21 Fee Schedules A, B, C, D, and E File #:20-7301,Version:1 CITY OF CUPERTINO Printed on 4/15/2020Page 1 of 1 powered by Legistar™ CC 04-21-20 172 of 548 CITY COUNCIL STAFF REPORT Meeting: April 21, 2020 Subject Fiscal Year (FY) 2020-21 Fee Schedule Update Recommended Action Adopt Resolution No. 20-___ Amending Below Market Rate Housing Mitigation Fees to adopt fee categories and amounts for self-storage and warehouse uses; and, Adopt Resolution No. 20-___ adopting FY 2020-21 Fee Schedules A, B, C, D, and E Summary User fees are reviewed each year in conjunction with budget preparation. City policy ensures that, to the extent possible, fees cover the cost of providing services. The majority of the fees proposed for adoption are based on the estimated actual cost to perform the service. Some fees, such as those for recreational purposes, are based on market conditions or fees charged by outside service providers and other governments. Fees that do not generate sufficient revenue to cover the cost of providing the service are subsidized by the General Fund. Background and Recommendation The FY 2016-17 Fee Schedule was revised after a comprehensive Fee Study was completed in conjunction with a Cost Allocation Study. Both studies relied upon the same data to determine costs that can be allocable between City departments and costs that can be recovered through fees charged to the public. These studies are conducted approximately every seven years, and in between studies, the City adjusts fees using either the Bay Area consumer price index (CPI), Bay Area construction cost index (CCI), or the estimated increase in the cost of labor derived through the City’s budget process. For this year, the CPI is 2.906%, CCI is 6.3%, and the cost of labor is 17.31%. Labor negotiations commenced in the spring of 2019 and due to the uncertainty of the FY 2019-20 cost of labor, only a 1% increase in cost of labor was applied to the FY 2019-20 fee schedules. This 1% represented base increases in labor that were not subject to negotiation (e.g., step increases). As a result, and as has been done historically, staff have applied the increase in cost of labor from FY 2018-19 to FY 2020-21 less the 1% accounted for in the FY 2019-20 fee schedules. CC 04-21-20 173 of 548 The CPI was applied to Schedule A and the estimated increase in FY 2020-21 labor costs was applied to Schedules B, C, and D to produce the City’s recommendations. Schedule E was revised using staff recommendations that targeted specific fees that were no longer competitive or were not projected to be sufficient to cover City costs. Some targeted increases made to Schedule E were needed to get the City’s fees better aligned with agencies that charge similar fees for similar services. In FY2016-17, a comprehensive Fee Study was conducted by a City consultant, Matrix, which allowed the City Council to update the City fee schedules for FY2016-17. The changes to fees since FY 2011-12 are summarized in the table below: Fiscal Year Schedule A – General Fees Schedule B – Engineering Fees Schedule C – Planning Fees Schedule D – Building Fees 2020-21 2.906% CPI 6.3% CCI 17.31% Estimated Labor Cost increase 17.31% Estimated Labor Cost increase 17.31% Estimated Labor Cost increase 2019-20 3.526% CPI 1.0% CCI 4.0% Estimated Labor Cost Increase 4.0% Estimated Labor Cost Increase 4.0% Estimated Labor Cost Increase 2018-19 3.546% CPI 3.5% CCI 4.10% Estimated Labor Cost Increase 4.10% Estimated Labor Cost Increase 4.10% Estimated Labor Cost Increase 2017-18 3.44% CPI 11.16% Estimated Labor Cost Increase 11.16% Estimated Labor Cost Increase 11.16% Estimated Labor Cost Increase 2016-17 Varied and comprehensive changes due to Fee Study. 2015-16 No Changes due to anticipated Fee Study. 2014-15 2.6% CPI 3.0% Estimated Labor Cost Increase 3.0% Estimated Labor Cost Increase 3.0% Estimated Labor Cost Increase 2013-14 2.4% CPI 2.4% CPI, plus 2.0% for increased costs 2.4% CPI, plus 2.0% for increased costs 2.4% CPI, plus 2.0% for increased costs1 2012-13 2.4% CPI 2.4% CPI 2.4% CPI 2.4% CPI 1 New construction planning and inspection fees included an additional 5.28% adjust for additional increased costs. CC 04-21-20 174 of 548 2011-12 2.0% 3.5% 3.5% 3.5% New Fees and Substantial Changes Schedule A – General: This schedule is being updated by CPI of 2.906% across all applicable fees. Increases to these fees are mostly impacted by the cost of materials or external prices that are not under the control of the City. In the process of finalizing this schedule for the FY 2020-21 Fee Schedule update, the following addition was made:  Tobacco Retailer (County Regulated Fee) - $340 for Application Fee and $425 for Annual Fee Schedule B – Engineering: In addition to applying a 17.31% increase for anticipated labor cost increases for FY 2020-21, the fee schedule was amended to include the City’s existing Park Land Dedication fee:  Park Impact Fees – The Park Land Dedication fee (Muni Code chapter 13.08) or Park Maintenance fee is based upon an appraised/fair market value of land in Cupertino and other factors. The City currently uses an appraised value of $10,000,000/acre of land to determine the Park Fee. This is not a new fee; rather, it has never been included as part of the fee schedule. Density Dwelling Units/acre Avg Park Land Dedication/ DU (in acre) Park Fee w/ $10M/acre Land Valuation (per Dwelling Unit) 0 - 5 .0105 $105,000 5 – 10 .0060 $60,000 10 – 20 .0060 $60,000 20 + .0054 $54,000 Senior Citizen Housing Development .0030 $30,000 ADU 750 SF or less $15,000 or proportional to main DU whichever is less Schedule C – Planning: A 17.31% increase for anticipated labor cost increases for FY 2020-21 has been applied for all fees in Schedule C, except the Housing Mitigation In- lieu fees. The Housing Mitigation In-lieu fees increase annually (on July 1 of each year) by the Consumer Price Index (CPI) for All Urban Consumers for San Francisco, CA. Below Market Rate (BMR) Non-residential linkage fees: The City’s Below Market Rate (BMR) Housing Mitigation program requires the payment of residential housing in-lieu of mitigation fees for projects with six or fewer units and the payment of non-residential (office, retail, hotel, research and development (R&D) and industrial) linkage fees for the CC 04-21-20 175 of 548 development of non-residential development. The purpose of the non-residential linkage fee is to mitigate housing needs created by the development of non-residential uses by imposing fees to support the development of affordable housing. Adopted in 2015, these fees are automatically adjusted by the Consumer Price Index pursuant to City Council Resolution No. 15-036. As part of the 2020-2021 fee schedule update, Staff is proposing to implement three new non-residential (self-storage and warehouse) fees. The City has been including self-storage and warehouse land uses in the Office/R&D/industrial category, but in light of the characteristics of those uses, and upon further research, has found that many jurisdictions with housing mitigation fee programs have recognized separate categories for those uses. The fee update is based on the analysis and findings of the Supplement to the Non- Residential Jobs-Housing Nexus Study (Attachment F) dated January 2020 by Keyser Marston Associates, Inc. (KMA) to implement new storage and warehouse fees. The report does not establish a recommended fee level, but instead sets a ceiling for the fee which is the maximum supportable housing impact fee that the City can legally implement. The underlying concept for non-residential job-housing nexus analysis is that jobs in non-residential development cover a range of compensation levels, and households in a range of sizes, which results in a need for additional housing at all affordability levels. The analysis indicates that since the employment generation of self-storage projects is low, the housing impact is also low. Additionally, for self-storage projects that provide an employee unit, the housing impact is lower. On the other hand, warehouse projects have higher employment generation at the lower income levels and therefore, generate a greater need for affordable housing. The table below indicates the maximum non- residential linkage fees allowed by the KMA report. Use Maximum Supportable Fee Per Square Foot Self-storage facility, employee unit not provided $1.18 Self-storage facility, employee unit provided $0.56 Warehouse facility $41.67 Fee recommendations are based on the following factors: 1. Findings of the nexus analysis – the nexus study establishes the maximum fee that may be charged to mitigate the impacts of new development on the need for affordable housing; 2. Policy objectives of the Housing Element 3. Requirements in neighboring jurisdictions – staying competitive with neighboring cities 4. Setting a fee high enough to support meaningful affordable housing projects and programs; and 5. Setting a fee low enough to not discourage development CC 04-21-20 176 of 548 The updated fee schedule reflects the maximum fees that were determined to be feasible per the final report prepared by KMA in January 2020 while taking the factors discussed above into consideration. The existing BMR linkage fees are annually adjusted by the Consumer Price Index pursuant to Resolution 15-036. It is recommended that the new and updated fees continue to be automatically adjusted by the CPI. This is reflected in the draft resolution. Schedule D – Building: The Building Fee Schedule contains four tables which have been numbered to facilitate reference between them. The tables are numbered as follows: 1. Table 1 – Plan Check Fees Only 2. Table 2 – Inspection Fees Only 3. Table 3 – Mechanical, Electrical and Plumbing Fees 4. Table 4 – Miscellaneous Items All of the fees in the Schedule D tables been increased by the 17.31% anticipated labor cost increases for FY 2020-21. The following fees are proposed additions to the Schedule: Pre-Construction Meeting @ $419 each – pre-construction meetings are opportunities for various City Departments, Consultants, Developers, Contracts, etc., to meet and review the conditions of approvals and requirements of the project. It is also a good opportunity to establish lines of authority and communication between the City and the team that will be involved with the project to its completion. Some of the primary goals of the preconstructions meeting include: 1) Identify potential issues and the process for resolution; 2) Resolve potential sources of misunderstanding; and 3) Plan and discuss detailed arrangements necessary for a successful project. A pre-construction meeting is not required nor practical for every project approved by the City. Staff anticipate holding two to three pre-construction meetings per year for these types of projects and the meeting. Battery Energy Storage System @ $209 (up to three) and $105 for each additional – In the past, generators were the standard to keep your power on in case of a power failure in your home. Although generators are still widely used, battery energy storage systems are increasing in popularity. The City currently receives about two applications per week for which each requires approximately two hours of staff time for up to three (3) batteries and approximately one-half hour for each additional battery. The following fees (currently effective) are proposed to be removed as the City does not currently have the means for performing the service. - Field Evaluation Certification @ $419 - Special Inspector Certification Application @ $7,098 - Materials Testing Lab Certification @ $4,385 CC 04-21-20 177 of 548 Schedule E – Parks & Recreation: City staff are proposing the following modifications to the schedule:  The “overtime fee” is being clarified to state, “Rentals exceeding, prior to or following the permitted reservation time, shall be charged the overtime fee for any time up to the first half-hour, and the overtime fee per hour for every hour thereafter. This charge will be deducted from the security deposit.” This change is solely for purposes of clarity and understandability.  The Sports Center/Child Care/Teen Center portion of the schedule is removing its daily rate and applying an annual rate of $25 dollars for non-residents. Staff analyzed the daily versus annual pass fees with other agencies and determined that an annual rate would not only align the program more consistently within the region, but also increase the level of customer service and accessibility of the facility for non-residents. Sustainability Impact None. Fiscal Impact Based on historical trends, total City fee revenues are estimated to increase by $1,252,259 for Schedules A through D, if all proposed fee increases are adopted. If increases are not adopted, the cost of providing the corresponding services will be further subsidized by the General Fund and the service cost will compete with tax dollars used for City services benefitting the general public. Revenues derived from changes to Schedule E mostly increase Enterprise Funds of the City and not the General Fund. The recommended increase in fees and estimated revenue are summarized as follows: Fee Schedule Additional Revenue Factor and Basis Schedule A – General $5,868 2.906% CPI for Bay Area Schedule B – Engineering $211,714 17.31% for labor costs, 6.3% CCI Schedule C – Planning $132,292 17.31% for labor costs Schedule D – Building $902,111 17.31% for labor costs Schedule E – Parks & Recreation No increase Primarily market driven Impacts on the City’s FY 20-21 fee revenues due to COVID-19 are difficult to estimate at this time. As long as the City is under shelter-in-place orders, the City can expect to experience significant declines in user fees. Understanding that COVID-19 is affecting all constituents of the City, staff recommend City Council approve and adopt the following: CC 04-21-20 178 of 548 1. Adopt Resolution No. ___ adopting Fee Schedules A, B, C, D, and E effective July 1, 2020 with the following exceptions: a. All proposed increases to existing fees resulting from consumer price index (CPI), construction cost index (CCI), and labor be postponed until October 1, 2020. Postponing the proposed increases until October 1, 2020 provides community members with financial relief in obtaining services from the City while shelter-in-place orders may be extended well-beyond May 3, 2020. Estimated fiscal impact on City fee revenues may be estimated by reducing the amounts in the table above by 25% in each of the respective schedules. As the City moves forward and the COVID-19 situation evolves, staff will continue to analyze the data and bring forward budget adjustments and recommendations to the City Council on a quarterly basis, or as needed. _____________________________________ Prepared by: Zach Korach, Finance Manager Reviewed by: Kristina Alfaro, Director of Administrative Services Approved for Submission by: Deborah L. Feng, City Manager Attachments: A – Proposed Fee Schedule A – General (Clean) B – Proposed Fee Schedule A – General (Redline) C – Proposed Fee Schedule B – Engineering (Clean) D – Proposed Fee Schedule B – Engineering (Redline) E – Proposed Fee Schedule C – Planning (Clean) F – Proposed Fee Schedule C – Planning (Redline) G – Proposed Fee Schedule D – Building (Clean) H – Proposed Fee Schedule D – Building (Redline) I – Proposed Fee Schedule E – Parks & Recreation (Clean) J – Proposed Fee Schedule E – Parks & Recreation (Redline) K – Supplement to the Non-Residential Jobs-Housing Nexus Study prepared by Keyser Marston Associates L – User Fee Study 2016 M – Draft Resolution N – Draft Resolution – BMR Housing Mitigation Fees CC 04-21-20 179 of 548 CITY OF CUPERTINO Resolution 20-xxx Fees Effective July 1, 2020 Schedule A - General FY2020-21 Fee Description Fee Abatement Fee Actual Cost * All Municipal Code Parking Violations (including County and State fees)$71.90 Bingo Permit (new)$179.18 Business License Database $21.68 Candidate Statement Fee (County Regulated Fee)Current County Registrar Cost City Administrative Fee 15% Code Enforcement Actual Cost * Community Festivals - One-time Business License (correction)$11.19 Community Festivals - Business Partners $57.06 Community Festivals - Additional 10' x 10' space (includes an additional table and 2 chairs)$10.29 Community Festivals - Non-profit partners $10.29 Compilation of New Records Actual Cost * CVC Parking Citation Dismissals Admin Fee (State Regulated Fee)$29.67 Damage to City Property Grounds, Streets, Facilities, Traffic Engineering/Maintenance Actual Cost * Dangerous Dog Annual Registration Fee $227.11 Duplicate Business Licenses $11.41 Event Video Taping/Editing Actual Cost * False Alarms $86.74 Farmers Market $2.86 Fingerprinting Processing (State Fee $32 plus County Fee $20)$59.35 Flea Markets $12.10 Public Requests for GIS Printed Maps Standard pre-formatted maps Plotted maps $31.96 Printed maps $2.34 Custom request maps Actual Cost * Prints/plots of aerial photography (see Engineering fees)Actual Cost * Graffiti Cleanup Actual Cost * Handbill Permit $141.03 Renewals $70.52 Internet Processing Fee $2.34 Late Payment on 30 Day Delinquent City Invoices 12% per annum Massage Establishment Fee (Includes fingerprinting/background check and business start-up inspection)$317.32 Renewals (Includes two inspections per year)$106.14 Massage Managing Employee (Includes fingerprint/background check)$281.89 Renewals $106.14 Massage Permit Appeal (Denial/Revocation)$705.30 Microfilm/Microfiche Printout $0.61 Municipal Code Book Vendor Invoice New Business Monthly Reports $39.94 CC 04-21-20 180 of 548 CITY OF CUPERTINO Resolution 20-xxx Fees Effective July 1, 2020 Schedule A - General FY2020-21 Fee Description Fee Noise Variances $219.12 Notary Fee (State Regulated Fee)$15.00/signature Outside Agency Review / Services Vendor Invoice + City Admin Petitions for Reconsideration $328.68 Photocopies - per sheet Standard sizes $0.26 For 11 x 17 sizes or color sheets $0.60 For Large format prints $29.84 Fair Political Practices Commission $0.10 Fair Political Practices Commission (older than five (5) years)$5.15 Property Liens Administrative Fee $47.93 Returned Check Charge $29.67 Sign Removal (Public Right-of-Way) (All except Political Signs)$5.71 Sign Recovery Fee for Political Signs $3.42 Small Income Business License $79.89 Solicitor Permit (Includes fingerprinting)$282.07 Renewals $70.76 Taxi Driver Permit (Includes fingerprinting/background check)$368.63 Renewals $70.76 Tobacco Retailer (County Regulated Fee) Application Fee Current County Cost Annual Fee Current County Cost Trash Fees Plan Review - Trash Enclosure No Charge Plan Review - Trash Management Plan No Charge Williamson Act Filings $126.68 Use Permit Application / Processing $1,145.83 Non-Conforming Use $305.86 Video/Audio Service DVD/CD $23.97 Flash Drive $14.84 * Actual cost is: 1) Employee hourly rate plus 55% for benefits and overhead, and 2) cost of materials, contractors, and supplies. CC 04-21-20 181 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule A - General FY2019-20 FY2020-21 Fee Description Fee Change Fee Abatement Fee Actual Cost * All Municipal Code Parking Violations (including County and State fees)$69.87 $2.03 $71.90 Bingo Permit (new)$174.12 $5.06 $179.18 Business License Database $21.07 $0.61 $21.68 Candidate Statement Fee (County Regulated Fee)Current County Registrar Cost Current County Registrar Cost City Administrative Fee 15%15% Code Enforcement Actual Cost *Actual Cost * Community Festivals - One-time Business License (correction)$10.87 $0.32 $11.19 Community Festivals - Business Partners $55.45 $1.61 $57.06 Community Festivals - Additional 10' x 10' space (includes an additional table and 2 $10.00 $0.29 $10.29 Community Festivals - Non-profit partners $10.00 $0.29 $10.29 Compilation of New Records Actual Cost *Actual Cost * CVC Parking Citation Dismissals Admin Fee (State Regulated Fee)$28.83 $0.84 $29.67 Damage to City Property Grounds, Streets, Facilities, Traffic Engineering/Maintenance Actual Cost *Actual Cost * Dangerous Dog Annual Registration Fee $220.70 $6.41 $227.11 Duplicate Business Licenses $11.09 $0.32 $11.41 Event Video Taping/Editing Actual Cost *Actual Cost * False Alarms $84.29 $2.45 $86.74 Farmers Market $2.77 $0.08 $2.86 Fingerprinting Processing (State Fee $32 plus County Fee $20)$57.67 $1.68 $59.35 Flea Markets (per month)$11.76 $0.34 $12.10 Public Requests for GIS Printed Maps Standard pre-formatted maps Plotted maps $31.06 $0.90 $31.96 Printed maps $2.28 $0.07 $2.34 Custom request maps Actual Cost *Actual Cost * Prints/plots of aerial photography (see Engineering fees) Graffiti Cleanup Actual Cost *Actual Cost * Handbill Permit $137.05 $3.98 $141.03 Renewals $68.52 $1.99 $70.52 Internet Processing Fee $2.28 $0.07 $2.34 Late Payment on 30 Day Delinquent City Invoices 12% per annum 12% per annum Massage Establishment Fee (Includes fingerprinting/background check and business start-up inspection)$308.36 $8.96 $317.32 Renewals (Includes two inspections per year)$103.14 $3.00 $106.14 Massage Managing Employee (Includes fingerprint/bkgrnd ck)$273.93 $7.96 $281.89 Renewals $103.14 $3.00 $106.14 Massage Permit Appeal (Denial/Revocation)$685.38 $19.92 $705.30 Microfilm/Microfiche Printout $0.59 $0.02 $0.61 Municipal Code Book Vendor Invoice Vendor Invoice New Business Monthly Reports $38.81 $1.13 $39.94 CC 04-21-20 182 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule A - General FY2019-20 FY2020-21 Fee Description Fee Change Fee Noise Variances $212.93 $6.19 $219.12 Notary Fee (State Regulated Fee)$15.00/signature $15.00/signature Outside Agency Review / Services Vendor Invoice + City Admin Fee Vendor Invoice + City Admin Fee Petitions for Reconsideration $319.40 $9.28 $328.68 Photocopies - per sheet Standard sizes $0.25 $0.01 $0.26 For 11 x 17 sizes or color sheets $0.58 $0.02 $0.60 For Large format prints $29.00 $0.84 $29.84 Fair Political Practices Commission $0.10 $0.00 $0.10 Fair Political Practices Commission (older than five (5) years)$5.00 $0.15 $5.15 Property Liens Administrative Fee $46.58 $1.35 $47.93 Returned Check Charge $28.83 $0.84 $29.67 Sign Removal (Public Right-of-Way) (All except Political Signs)$5.55 $0.16 $5.71 Sign Recovery Fee for Political Signs $3.32 $0.10 $3.42 Small Income Business License $77.63 $2.26 $79.89 Solicitor Permit (Includes fingerprinting)$274.11 $7.97 $282.07 Renewals $68.76 $2.00 $70.76 Taxi Driver Permit (Includes fingerprinting/background check $358.22 $10.41 $368.63 Renewals $68.76 $2.00 $70.76 Tobacco Retailer (County Regulated Fee) Application Fee Current County Cost Annual Fee Current County Cost Trash Fees Plan Review - Trash Enclosure No Charge No Charge Plan Review - Trash Management Plan No Charge No Charge Williamson Act Filings $123.10 $3.58 $126.68 Use Permit Application / Processing $1,113.47 $32.36 $1,145.83 Non-Conforming Use $297.22 $8.64 $305.86 Video/Audio Service DVD/CD $23.29 $0.68 $23.97 Flash Drive $14.42 $0.42 $14.84 * Actual cost is: 1) Employee hourly rate plus 55% for benefits and overhead, and 2) cost of materials, contractors, and supplies. CC 04-21-20 183 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule B - Engineering FY 2020-21FEE DESCRIPTION Fee Encroachment Permits - Minor Encroachment Permits (Local Streets) $556 - Minor Encroachment Permits (Utility)$384 - Major Encroachment Permits (Arterials and Collectors)$958 - Work without Permit Double the permit cost - Small Cell Facility Encroachment Permit $1,915 Street Cuts Miscellaneous - Minor Street Cuts $1,534 - Major Street Cuts $3,095 5% of Project Costs and/or $80 per inspection Permit Extension $433 - <10,000 s.f. lot $1,183 - 10,000 s.f or greater Greater of $3,450 min. or 6% of cost of improvement Parcel Map/Tract Map (Map Checking Fee) - Parcel Map (1-4 lots)$7,021 - Tract Map (> 4 lots)$11,527 Plan Check and Inspection - Review of Building Permit Only $1,046 Additional Plan Review - 3 or more reviews (Each)$230 Revisions to Plans and Permits $230/hr Review of Public/Private Improvement Plans: greater of $4,482 min. or 5% of cost of improvement greater of $8,668 min. or 6% of cost of improvement Geotechnical Review *Cost of review + City Administrative Fee Structural Review *Cost of review + City Administrative Fee *Per Outside Agency Review/Services on Schedule A - General Public Works Confirmation $465 Annexation (plus County filing fee)$2,534 Certificates of Compliance - Initial Review $1,087 - Finalize Certificates $1,087 Lot Line Adjustment $3,497 Transportation Impact Fee - Single Family $6,632/unit - Multi-Family $4,112/unit (Includes apartments, condos, and townhomes) - Retail $10.67/s.f. - Office $18.68/s.f. - Hotel $3,637/room - Other (per PM trip)$6,695/trip Transportation Permit (State Regulated Fee) - Single $16 - Annual Utility Company $90 - Additional Engineering Investigation or Coordination $230/hr - Special Major Permit (projects in excess of $30,000 or over 15 working days) Grading permit - Residential - Commercial CC 04-21-20 184 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule B - Engineering FY 2020-21 FEE DESCRIPTION Fee Banners - Large Banners Across Stevens Creek Boulevard $634 Special Events/Parades $3,888 Block Party No Charge Vacation of Public Street ROW/PUE - Summary Vacation $2,657 - Full Vacation $4,132 Rural/Semi-Rural Classification Application - Application Phase $2,164 - Implementation phase $1,324 Certificate of Correction $992 Floodplain Evaluation/Elevation Certificate Review $233 Permit Parking Study - Application Phase $1,324 - Implementation phase $1,083 - Permit Parking Bi-annual Fee No Charge Streamside Permit $425 Master Storm Drain Area Fees: $3,875/dwelling unit $5,263/acre $3,777/acre+ $286/unit* *Maximum chargeable dwelling units of 20 units per acre. Commercial and Industrial $10,169/acre Public Educational Uses $3,875/acre Public Facility Uses $1,957/acre Stormwater Permit Inspections - Commercial Initial Inspection No charge Re-Inspection for Violations $295 Storm Management Plan Fee $1,484 Single-Family Residential greater than one dwelling unit per acre and less than 5.2 dwelling units per Low-Density Residential (Less than one dwelling unit per acre hillside zoning only) Multiple Family greater than 5.2 dwelling units per acre CC 04-21-20 185 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule B - Engineering FY 2020-21 FEE DESCRIPTION Fee Park Land Dedication In-Lieu Fee* Density of Dwelling Units/Ac 0 - 5 $105,000/DU 5 - 10 $60,000/DU 10 - 20 $60,000/DU 20+$54,000/DU Senior Citizen Housing Dev.$30,000/DU ADU 750 SF or less** $15,000 or proportional to the size of the main DU, whichever is less Public Works Staff Time $230/hr New Public Tree Cost Schedule: Public Tree Planting Cost: 24" Street Tree $427 36" Street Tree or Larger Actual costs PUBLIC TREE DAMAGE OR REMOVAL FEE SCHEDULE: This fee schedule is defined in Chapter 14.12 and establishes the fee to be paid to the City for damage to and/or removal of public trees. Repeat offenders, intentional actors and professionals, as defined in Chapter 14.12, shall be subject to the following fees: Public Tree Damage Fee: Public Tree Removal Fee: FEE = UNMODIFIED TREE VALUE x SPECIES RATING x CONDITION RATING For inputs, use the following values: UNMODIFIED TREE Refer to Unmodified Tree Value Table SPECIES RATING Refer to Species Rating Table CONDITION RATING Good = 1.00, Fair = 0.75, Poor = 0.50 The fee for trees less than 4 inches in diameter shall not be reduced by species or condition rating. 1st time offenders, as defined in Chapter 14.12, shall be subject to a fee of 10% of the Public Tree Damage Fee or 10% of the Public Tree Removal Fee as defined below or $600, whichever is higher, per public tree damaged and/or removed. No additional costs, such as stump removal, trimming, or replanting will apply. $100 per cumulative diameter inch of branch or root plus, if any, the actual costs incurred for immediate corrective pruning plus, if any, the calculated costs for future corrective pruning, as may be required to maintain the health of the tree. The fee for each tree removed shall be based upon the unmodified value of the tree removed (based upon diameter), multiplied by the species rating, multiplied by the condition rating. * Park Land Dedication Fees are calculated per Municipal Code section 13.08. On an annual basis, Public Works Department updates the fair market value of land based on appraised values of land sales. ** ADU Park Land Dedication Fee is based on the density of the property per Municipal Code section 13.08, or proportionally to the size of the main dwelling unit as stipulated by State ADU mandates. CC 04-21-20 186 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule B - Engineering No additional costs, such as stump removal, trimming or replanting will apply. Unmodified Tree Value Table: Tree size (diameter of trunk) 1” to 2” $348 2” to 3” $348 3” to 4” $1,039 4” to 5” $1,039 5” to 6” $1,404 6” to 7” $1,851 7” to 8” $2,378 8” to 9” $2,987 9” to 10” $3,677 10” to 11”$4,449 11” to 12” $5,301 12” to 13” $6,235 13” to 14” $7,249 14” to 15” $8,345 15” to 16” $9,522 16” to 17” $10,780 17” to 18”$12,120 18” to 19” $13,540 19” to 20” $15,042 20” to 21” $16,625 21” to 22” $18,290 22” to 23” $20,036 23” to 24” $21,862 24” to 25”$23,769 25” to 26” $25,758 26” to 27” $27,829 27” to 28” $29,980 28” to 29” $32,212 29” to 30” $34,527 30” to 31” $36,920 31” to 32”$39,396 32” to 33” $41,954 33” to 34” $44,593 34” to 35” $47,312 35” to 36” $50,113 36” to 37” $52,995 37” to 38” $55,958 38” to 39”$59,003 39” to 40”$62,128 Measurement shall be measured 4.5 feet above the ground level and rounded down to the nearest whole inch. If the tree is multi-trunk, use 1.5 times the diameter of the largest trunk to determine fee. If the tree is removed to the ground, tree inventory data will be used to determine the trunk diameter. Trees larger than 40” shall have the fee determined by the most recent edition of the 'Guide for Plant Appraisal', published by the Council of Tree and Landscape Appraisers, using the trunk formula method. If there is tree damage 4-5 feet above the ground, trunk diameter is to be measured 1 foot above ground level and 1 inch is to be subtracted from the diameter to determine fee. CC 04-21-20 187 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule B - Engineering Common Name Species Rating% Acacia ACACIA 60 Blackwoodacaia ACACIA MELANOXYLON 60 Trident maple ACER BUERGERIANUM 90 Big leaf maple ACER MACROPHYLLUM**100 Japanese maple ACER PALMATUM 90 Red maple ACER REBRUM 70 Silver maple ACER SACCHARINUM 80 California buckeye AESCULUS CALIFORNICA**100 Red hoursechesnut AESCULUS X CARNEA 90 Tree of heaven AILANTHUS ALTISSIMA 0 Silk tree ALBIZIA JULIBRISSIN 50 Black Alder ALNUS GLUTINOSA 80 Strawberry madrone ARBUTUS MARINA 90 Madrone ARBUTUS MENZIESII 100 Hong Kong orchid BAUHINIA BLAKEANA 75 Birch BETULA ALBA 60 Incense cedar CALOCEDRUS DECURRENS 80 Horsetail tree CASUARINA EQUISETIFOLIA 75 Blue atlas cedar CEDRUS ATLANTICA**100 Deodora cedar CEDRUS DEODARA**100 Chinese hackberry CELTUS SINENSIS 65 Carob tree CERATONIA SILIQUA 70 Redbud(eastern)CERCIS CANADENSIS 75 Camphor tree CINNAMOMUM CAMPHORA 70 Citrus CITRUS SP 40 English hawthorn CRATAEGUS LAEVIGATA 70 Cypress CUPRESSACEAE 80 Italian cypress CUPRESSUS SEMPERVIREN 80 Japanese persimmon DIOSPYROS KAKI 40 Loquat ERIOBOTRYA DEFLEXA 60 Blue gum tree EUCALYPTUS GLOBULUS 70 Eucalyptus EUCALYPTUS SP 60 Misson fig FICUS CARICA 40 Autumn purple ash FRAXINUS AMERICANA 80 Raywood ash FRAXINUS ANGUSTIFOLIA 'RAYWOOD'80 Moraine ash FRAXINUS HOLOTRICHA 80 Shamel ash FRAXINUS UHDEI 80 Modesto ash FRAXINUS VELUTINA 'MODESTO'80 Australian willow GEIJERA PARVIFOLIA 80 Maidenhair GINKO BILOBA 80 Honey locust GLEDITSIA TRIACANTHOS 70 Silk oak tree GREVILLEA ROBUSTA 70 English holly ILLEX AQUIFOLIUM 40 Jacaranda JACARANDA MIMMOSIFOLIA 70 Walnut JUGLANS 70 Species Rating Table CC 04-21-20 188 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule B - Engineering Common Name Species Rating% Black walnut JUGLANS HINDSII 70 Chinese flame tree KOELREUTERIA BIPINNATA 80 Muskogee crape myrtle LAGERSTROMIA 'MUSKOGEE'80 Nanchez crape myrtle LAGERSTROMIA 'NANCHEZ'80 Tuscarora crape myrtle LAGERSTROMIA 'TUSCARORA'80 Sweet bay LAURUS NOBILIS 80 Japanese privit LIGUSTRUM JAPONICUM 30 American sweetgum LIQUIDAMBER STYRACIFLUA 40 Tulip tree LIRIODENDRON 60 Brisbane box tree LOPHOSTEMON CONFERTUS 90 Magnolia MAGNOLIA GRANDIFOLIA RUSSET 75 Magnolia (dwarf)MAGNOLIA GRANDIFOLIA ST MARY 75 Saucer magnolia MAGNOLIA SOLINGIANA 75 Crabapple tree MALUS FLORIBUNDA 90 Apple MALUS SP 40 Mayten tree MAYTENUS 70 Malaleuca(broad leaf)MELALEUCA LEUCADENDRA 60 Malaleuca(narrow leaf)MELALEUCA LINARIFOLIA 60 Dawn redwood METASAQUOIA GLYPTOSTROBOIDES 100 Fruitless mulberry MORUS ALBA 40 Black mulberry MORUS NIGRA 40 Myoprum MYOPORUM LAETUM 70 Oleander tree NERIUM OLEANDER 40 Olive OLEA EUROPAEA 70 Devilwood OSMANTHUS AMERICANUS 0 Palm PALM*40 Avocado PERSEA AMERICANA 60 Red leaf photinia PHOTINIA GLABRA 60 Spruce PICEA 80 Colorado spruce PICEA PUNGENS 80 Colorado blue spruce PICEA PUNGENS 'GLAUCA'80 Italian stone pine PINUS PINEA 90 Pine PINUS SP 30 Chinese pistacio PISTACIA CHINENSIS 80 Lemonwood tree PITTOSPORUM EUGENIOIDES 40 Japanese cheesewood PITTOSPORUM TOBIRA 40 London plane 'colombiana'PLATANUS COLUMBIANA 95 Western Sycamore PLATANUS RACEMOSA**100 London plane 'bloodgood'PLATANUS X HISPANICA 'BLOODGOOD'95 Yew pine PODOCURPUS MACROPHYLLUS 75 Poplar POPULUS 60 Flowering cherry PRUNUS AKEBONO 80 Wild Plum PRUNUS AMARACANA 40 Almond tree PRUNUS ALMOND 50 Apricot tree PRUNUS APRICOT 40 Species Rating Table CC 04-21-20 189 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule B - Engineering Common Name Species Rating% Fruiting cherry PRUNUS AVIUM 0 Carolina cherry PRUNUS CAROLINIANA 60 Purple leaf plum PRUNUS CERASFERA KRAUTER VESUVIUS 70 Peach tree PRUNUS PERSICA 40 Douglas fir PSEUDOTSUGA MENZIESII 80 Guava PSIDIUM GUAJAVA 40 Pomegranate PUNICA GRANATUM 40 Aristocrat Flowering pear tree PYRUS CALLERYANA 'ARISTOCRAT'75 Bradford flowering pear PYRUS CALLERYANA 'BRADFORD'75 Chanticleer flowering pear PYRUS CALLERYANA 'CHANTICLEER'75 Evergreen flowering pear PYRUS KAWAKAMII 75 Asian pear PYRUS PYRIFOLIA 40 Oak QUERCUS 90 Coast live oak QUERCUS AGRIFOLIA**100 White oak QUERCUS ALBA 90 Texas red oak QUERCUS BUCKEYI 90 Sierra oak QUERCUS CAMBII 90 Blue oak QUERCUS DOUGLASII**100 Forest green oak QUERCUS FRAINETTO 90 Holly oak QUERCUS ILEX 90 Black oak QUERCUS KELLOGGII**100 Valley oak QUERCUS LOBATA**100 Red oak QUERCUS SUBER 90 Cork oak QUERCUS SUBER 90 Southern live oak QUERCUS VIRGINIANA 100 Interior live oak QUERCUS WISLIZENI**100 African sumac RHUS LANCIA 70 Weeping willow SALIX BABYLONICA 40 Wild willow SALIX SCOULERIANA 0 California pepper tree SCHINUS MOLE 40 Brazilian pepper tree SCHINUS TEREBINTHEFOLIUS 40 Coast redwood SEQUIOA SEMPRIVIRONS 95 Giant sequioa SEQUOIADENDRON GIGANTEUM 80 Japanese pogoda SOPHORIA JAPONICA 70 Chinese tallow TRIADICA SEBIFERA 50 Water gum TRISTANIA LAURINA 70 Bosque chinese elm ULMAS PARVIFOLIA 'BOSQUE'90 Chinese elm ULMUS PARVIFOLIA 70 Siberian elm ULMUS PUMILA 60 Bay laurel UMBELLULARIA CALIFORNICA**100 Mexican fan palm WASHINGTON ROBUSTA 0 Spanish dagger yucca YUCCA GLORIOSA 0 Zelkova ZELKOVA SERRATA 65 *All palms on Palm Avenue are protected heritage trees and will be rated @ 100% **Protected tree species Species Rating Table CC 04-21-20 190 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule B - Engineering FY 2019-20 FY 2020-21 FEE DESCRIPTION Fee Change Fee Encroachment Permits - Minor Encroachment Permits (Local Streets) $474 $82 $556 - Minor Encroachment Permits (Utility)$328 $57 $384 - Major Encroachment Permits (Arterials and Collectors)$816 $141 $958 - Work without Permit Double the permit cost Double the permit cost - Small Cell Facility Encroachment Permit $1,570 $272 $1,842 Street Cuts Miscellaneous - Minor Street Cuts $1,307 $226 $1,534 - Major Street Cuts $2,638 $457 $3,095 5% of Project Costs and/or $80 per inspection 5% of Project Costs and/or $80 per inspection Permit Extension $369 $64 $433 - <10,000 s.f. lot $1,009 $175 $1,183 - 10,000 s.f or greater Greater of $3,059 min. or 6% of cost of improvement $509 Greater of $3,450 min. or 6% of cost of improvement Parcel Map/Tract Map (Map Checking Fee) - Parcel Map (1-4 lots)$5,985 $1,036 $7,021 - Tract Map (> 4 lots)$9,826 $1,701 $11,527 Plan Check and Inspection - Review of Building Permit Only $891 $154 $1,046 Additional Plan Review - 3 or more reviews (Each)$196 $34 $230 Revisions to Plans and Permits $196/hr $34 $230/hr Review of Public/Private Improvement Plans: greater of $3,950 min. or 5% of cost of improvement $684 greater of $4,634 min. or 5% of cost of improvement greater of $7,389 min. or 6% of cost of improvement $1,279 greater of $8,668 min. or 6% of cost of improvement Geotechnical Review *Cost of review + City Administrative Fee *Cost of review + City Administrative Fee Structural Review *Cost of review + City Administrative Fee *Cost of review + City Administrative Fee *Per Outside Agency Review/Services on Schedule A - General Public Works Confirmation $396 $69 $465 Annexation (plus County filing fee)$2,160 $374 $2,534 Certificates of Compliance - Initial Review $927 $160 $1,087 - Finalize Certificates $927 $160 $1,087 Lot Line Adjustment $2,981 $516 $3,497 Transportation Impact Fee - Single Family $6,239/unit $393 $6,632/unit - Multi-Family $3,868/unit $244 $4,112/unit (Includes apartments, condos, and townhomes) - Retail $10.04/s.f.$1 $10.67/s.f. - Office $17.57/s.f.$1 $18.68/s.f. - Hotel $3,421/room $216 $3,637/room - Other (per PM trip)$6,298/trip $397 $6,695/trip Transportation Permit (State Regulated Fee) - Single $16 $16 - Annual Utility Company $90 $90 - Additional Engineering Investigation or Coordination $196/hr $34 $230/hr - Special Major Permit (projects in excess of $30,000 or over 15 working days) Grading permit - Residential - Commercial CC 04-21-20 191 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule B - Engineering FY 2019-20 FY 2020-21 FEE DESCRIPTION Fee Change Fee Banners - Large Banners Across Stevens Creek Boulevard $541 $94 $634 Special Events/Parades $3,314 $574 $3,888 Block Party No Charge No Charge Vacation of Public Street ROW/PUE - Summary Vacation $2,265 $392 $2,657 - Full Vacation $3,522 $610 $4,132 Rural/Semi-Rural Classification Application - Application Phase $1,845 $319 $2,164 - Implementation phase $1,128 $195 $1,324 Certificate of Correction $846 $146 $992 Floodplain Evaluation/Elevation Certificate Review $199 $34 $233 Permit Parking Study - Application Phase $1,128 $195 $1,324 - Implementation phase $924 $160 $1,083 - Permit Parking Bi-annual Fee No Charge No Charge Streamside Permit $362 $63 $425 Master Storm Drain Area Fees: $3,645/dwelling unit $230 $3,875/dwelling unit $4,951/acre $312 $5,263/acre $3,553/acre+$224 $3,777/acre+ $269/unit*$17 $286/unit* *Maximum chargeable dwelling units of 20 units per acre. Commercial and Industrial $9,566/acre $603 $10,169/acre Public Educational Uses $3,645/acre $230 $3,875/acre Public Facility Uses $1,841/acre $116 $1,957/acre Stormwater Permit Inspections - Commercial Initial Inspection No charge No charge Re-Inspection for Violations $278 $17 $295 Storm Management Plan Fee $1,396 $88 $1,484 Public Works Staff Time $196/hr $34 $230/hr Park Land Dedication In-Lieu Fee* Density of Dwelling Units/Ac 0 - 5 $105,000/DU 5 - 10 $60,000/DU 10 - 20 $60,000/DU 20+$54,000/DU Senior Citizen Housing Dev.$30,000/DU ADU 750 SF or less** $15,000 or proportional to the size of the main DU, whichever is less New Public Tree Cost Schedule: Public Tree Planting Cost: 24" Street Tree $402 $25 $427 36" Street Tree or Larger Actual costs Actual costs Single-Family Residential greater than one dwelling unit per acre and less than 5.2 dwelling units per Multiple Family greater than 5.2 dwelling units per acre * Park Land Dedication Fees are calculated per Municipal Code section 13.08. On an annual basis, Public Works Department updates the fair market value of land based on appraised values of land sales. ** ADU Park Land Dedication Fee is based on the density of the property per Municipal Code section 13.08, or proportionally to the size of the main dwelling unit as stipulated by State ADU mandates. Low-Density Residential (Less than one dwelling unit per acre hillside zoning only) CC 04-21-20 192 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule B - Engineering PUBLIC TREE DAMAGE OR REMOVAL FEE SCHEDULE: This fee schedule is defined in Chapter 14.12 and establishes the fee to be paid to the City for damage to and/or removal of public trees. Repeat offenders, intentional actors and professionals, as defined in Chapter 14.12, shall be subject to the following fees: Public Tree Damage Fee: Public Tree Removal Fee: FEE = UNMODIFIED TREE VALUE x SPECIES RATING x CONDITION RATING For inputs, use the following values: UNMODIFIED TREE Refer to Unmodified Tree Value Table SPECIES RATING Refer to Species Rating Table CONDITION RATING Good = 1.00, Fair = 0.75, Poor = 0.50 The fee for trees less than 4 inches in diameter shall not be reduced by species or condition rating. No additional costs, such as stump removal, trimming or replanting will apply. 1st time offenders, as defined in Chapter 14.12, shall be subject to a fee of 10% of the Public Tree Damage Fee or 10% of the Public Tree Removal Fee as defined below or $600, whichever is higher, per public tree damaged and/or removed. No additional costs, such as stump removal, trimming, or replanting will apply. $100 per cumulative diameter inch of branch or root plus, if any, the actual costs incurred for immediate corrective pruning plus, if any, the calculated costs for future corrective pruning, as may be required to maintain the health of the tree. The fee for each tree removed shall be based upon the unmodified value of the tree removed (based upon diameter), multiplied by the species rating, multiplied by the condition rating. Trees larger than 40” shall have the fee determined by the most recent edition of the 'Guide for Plant Appraisal', published by the Council of Tree and Landscape Appraisers, using the trunk formula method. CC 04-21-20 193 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule B - Engineering Unmodified Tree Value Table: Tree size (diameter of trunk) 1” to 2” $348 2” to 3” $348 3” to 4” $1,039 4” to 5” $1,039 5” to 6” $1,404 6” to 7” $1,851 7” to 8” $2,378 8” to 9” $2,987 9” to 10” $3,677 10” to 11”$4,449 11” to 12” $5,301 12” to 13” $6,235 13” to 14” $7,249 14” to 15” $8,345 15” to 16” $9,522 16” to 17” $10,780 17” to 18”$12,120 18” to 19” $13,540 19” to 20” $15,042 20” to 21” $16,625 21” to 22” $18,290 22” to 23” $20,036 23” to 24” $21,862 24” to 25”$23,769 25” to 26” $25,758 26” to 27” $27,829 27” to 28” $29,980 28” to 29” $32,212 29” to 30” $34,527 30” to 31” $36,920 31” to 32”$39,396 32” to 33” $41,954 33” to 34” $44,593 34” to 35” $47,312 35” to 36” $50,113 36” to 37” $52,995 37” to 38” $55,958 38” to 39”$59,003 39” to 40”$62,128 Measurement shall be measured 4.5 feet above the ground level and rounded down to the nearest whole inch. If the tree is multi-trunk, use 1.5 times the diameter of the largest trunk to determine fee. If the tree is removed to the ground, tree inventory data will be used to determine the trunk diameter. If there is tree damage 4-5 feet above the ground, trunk diameter is to be measured 1 foot above ground level and 1 inch is to be subtracted from the diameter to determine fee. CC 04-21-20 194 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule B - Engineering Common Name Species Rating% Acacia ACACIA 60 Blackwoodacaia ACACIA MELANOXYLON 60 Trident maple ACER BUERGERIANUM 90 Big leaf maple ACER MACROPHYLLUM**100 Japanese maple ACER PALMATUM 90 Red maple ACER REBRUM 70 Silver maple ACER SACCHARINUM 80 California buckeye AESCULUS CALIFORNICA**100 Red hoursechesnut AESCULUS X CARNEA 90 Tree of heaven AILANTHUS ALTISSIMA 0 Silk tree ALBIZIA JULIBRISSIN 50 Black Alder ALNUS GLUTINOSA 80 Strawberry madrone ARBUTUS MARINA 90 Madrone ARBUTUS MENZIESII 100 Hong Kong orchid BAUHINIA BLAKEANA 75 Birch BETULA ALBA 60 Incense cedar CALOCEDRUS DECURRENS 80 Horsetail tree CASUARINA EQUISETIFOLIA 75 Blue atlas cedar CEDRUS ATLANTICA**100 Deodora cedar CEDRUS DEODARA**100 Chinese hackberry CELTUS SINENSIS 65 Carob tree CERATONIA SILIQUA 70 Redbud(eastern)CERCIS CANADENSIS 75 Camphor tree CINNAMOMUM CAMPHORA 70 Citrus CITRUS SP 40 English hawthorn CRATAEGUS LAEVIGATA 70 Cypress CUPRESSACEAE 80 Italian cypress CUPRESSUS SEMPERVIREN 80 Japanese persimmon DIOSPYROS KAKI 40 Loquat ERIOBOTRYA DEFLEXA 60 Blue gum tree EUCALYPTUS GLOBULUS 70 Eucalyptus EUCALYPTUS SP 60 Misson fig FICUS CARICA 40 Autumn purple ash FRAXINUS AMERICANA 80 Raywood ash FRAXINUS ANGUSTIFOLIA 'RAYWOOD'80 Moraine ash FRAXINUS HOLOTRICHA 80 Shamel ash FRAXINUS UHDEI 80 Modesto ash FRAXINUS VELUTINA 'MODESTO'80 Australian willow GEIJERA PARVIFOLIA 80 Maidenhair GINKO BILOBA 80 Honey locust GLEDITSIA TRIACANTHOS 70 Silk oak tree GREVILLEA ROBUSTA 70 English holly ILLEX AQUIFOLIUM 40 Jacaranda JACARANDA MIMMOSIFOLIA 70 Walnut JUGLANS 70 Species Rating Table CC 04-21-20 195 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule B - Engineering Common Name Species Rating% Black walnut JUGLANS HINDSII 70 Chinese flame tree KOELREUTERIA BIPINNATA 80 Muskogee crape myrtle LAGERSTROMIA 'MUSKOGEE'80 Nanchez crape myrtle LAGERSTROMIA 'NANCHEZ'80 Tuscarora crape myrtle LAGERSTROMIA 'TUSCARORA'80 Sweet bay LAURUS NOBILIS 80 Japanese privit LIGUSTRUM JAPONICUM 30 American sweetgum LIQUIDAMBER STYRACIFLUA 40 Tulip tree LIRIODENDRON 60 Brisbane box tree LOPHOSTEMON CONFERTUS 90 Magnolia MAGNOLIA GRANDIFOLIA RUSSET 75 Magnolia (dwarf)MAGNOLIA GRANDIFOLIA ST MARY 75 Saucer magnolia MAGNOLIA SOLINGIANA 75 Crabapple tree MALUS FLORIBUNDA 90 Apple MALUS SP 40 Mayten tree MAYTENUS 70 Malaleuca(broad leaf)MELALEUCA LEUCADENDRA 60 Malaleuca(narrow leaf)MELALEUCA LINARIFOLIA 60 Dawn redwood METASAQUOIA GLYPTOSTROBOIDES 100 Fruitless mulberry MORUS ALBA 40 Black mulberry MORUS NIGRA 40 Myoprum MYOPORUM LAETUM 70 Oleander tree NERIUM OLEANDER 40 Olive OLEA EUROPAEA 70 Devilwood OSMANTHUS AMERICANUS 0 Palm PALM*40 Avocado PERSEA AMERICANA 60 Red leaf photinia PHOTINIA GLABRA 60 Spruce PICEA 80 Colorado spruce PICEA PUNGENS 80 Colorado blue spruce PICEA PUNGENS 'GLAUCA'80 Italian stone pine PINUS PINEA 90 Pine PINUS SP 30 Chinese pistacio PISTACIA CHINENSIS 80 Lemonwood tree PITTOSPORUM EUGENIOIDES 40 Japanese cheesewood PITTOSPORUM TOBIRA 40 London plane 'colombiana'PLATANUS COLUMBIANA 95 Western Sycamore PLATANUS RACEMOSA**100 London plane 'bloodgood'PLATANUS X HISPANICA 'BLOODGOOD'95 Yew pine PODOCURPUS MACROPHYLLUS 75 Poplar POPULUS 60 Flowering cherry PRUNUS AKEBONO 80 Wild Plum PRUNUS AMARACANA 40 Almond tree PRUNUS ALMOND 50 Apricot tree PRUNUS APRICOT 40 Species Rating Table CC 04-21-20 196 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule B - Engineering Common Name Species Rating% Fruiting cherry PRUNUS AVIUM 0 Carolina cherry PRUNUS CAROLINIANA 60 Purple leaf plum PRUNUS CERASFERA KRAUTER VESUVIUS 70 Peach tree PRUNUS PERSICA 40 Douglas fir PSEUDOTSUGA MENZIESII 80 Guava PSIDIUM GUAJAVA 40 Pomegranate PUNICA GRANATUM 40 Aristocrat Flowering pear tree PYRUS CALLERYANA 'ARISTOCRAT'75 Bradford flowering pear PYRUS CALLERYANA 'BRADFORD'75 Chanticleer flowering pear PYRUS CALLERYANA 'CHANTICLEER'75 Evergreen flowering pear PYRUS KAWAKAMII 75 Asian pear PYRUS PYRIFOLIA 40 Oak QUERCUS 90 Coast live oak QUERCUS AGRIFOLIA**100 White oak QUERCUS ALBA 90 Texas red oak QUERCUS BUCKEYI 90 Sierra oak QUERCUS CAMBII 90 Blue oak QUERCUS DOUGLASII**100 Forest green oak QUERCUS FRAINETTO 90 Holly oak QUERCUS ILEX 90 Black oak QUERCUS KELLOGGII**100 Valley oak QUERCUS LOBATA**100 Red oak QUERCUS SUBER 90 Cork oak QUERCUS SUBER 90 Southern live oak QUERCUS VIRGINIANA 100 Interior live oak QUERCUS WISLIZENI**100 African sumac RHUS LANCIA 70 Weeping willow SALIX BABYLONICA 40 Wild willow SALIX SCOULERIANA 0 California pepper tree SCHINUS MOLE 40 Brazilian pepper tree SCHINUS TEREBINTHEFOLIUS 40 Coast redwood SEQUIOA SEMPRIVIRONS 95 Giant sequioa SEQUOIADENDRON GIGANTEUM 80 Japanese pogoda SOPHORIA JAPONICA 70 Chinese tallow TRIADICA SEBIFERA 50 Water gum TRISTANIA LAURINA 70 Bosque chinese elm ULMAS PARVIFOLIA 'BOSQUE'90 Chinese elm ULMUS PARVIFOLIA 70 Siberian elm ULMUS PUMILA 60 Bay laurel UMBELLULARIA CALIFORNICA**100 Mexican fan palm WASHINGTON ROBUSTA 0 Spanish dagger yucca YUCCA GLORIOSA 0 Zelkova ZELKOVA SERRATA 65 *All palms on Palm Avenue are protected heritage trees and will be rated @ 100% **Protected tree species Species Rating Table CC 04-21-20 197 of 548 CITY OF CUPERTINO Resolution 20-xxx Fees Effective July 1, 2020 Schedule C - Planning DEFINITIONS A. Parcel Map: up to four (4) parcels (CMC Chapter 18.20). B. Tentative map: Five (5) or more parcels (CMC Chapter 18.16). F. Minor Architectural and Site Approval: Architectural approval of the following: minor building I. Minor Modification: An application that is administratively reviewed by staff either at an advertised public hearing/meeting or in a non-hearing process (CMC Chapter 19.164). J. Temporary Sign Permit: A review of a temporary sign application for banners, A-frame signs and other temporary signs (CMC Chapter 19.104). L. Appeal: A request from the project applicant or interested party to reverse or amend a decision made by the approval authority. Fee Exemption for: an appointed public official serving on the board that made the decision subject to the appeal, an appointed public official serving on a board that is directly affected by the decision and City Council members. At the conclusion of a City Council appeal hearing, it may choose to, at its sole discretion, refund all, a portion of, or none of the appeal fee (CMC Chapter 19.12). M. Legal Noticing Fee: Assessed for all permit applications that require noticing (CMC Chapter 19.12). N. Housing Mitigation Fee: A fee assessed in accordance with the City's General Plan Housing Element, Municipal Code (CMC 19.172) and the City's BMR Housing Mitigation Program Procedural Manual. modifications, landscaping, signs and lighting for new development, redevelopment or modification in such zones where such review is required (CMC Chapter 19.12). Note: Mixed use applications will be classified based upon the highest intensity and review process. The Director of Community Development will have discretion to classify projects based upon the above criteria. K. Extension Permit: A one-time one-year extension of the planning permit expiration date (CMC Chapter 19.12). C. Minor: Up to 10,000 square feet commercial/office/non-residential/industrial; up to six (6) residential units (CMC Chapter 19.12) D. Major: 10,000 or more square feet commercial/office/non-residential/industrial; six (6) or more residential units (CMC Chapter 19.12). E. Minor Architectural and Site Approval - Duplex/Residential: Architectural approval of single family homes in a planned development zoning district, redevelopment or modification of duplexes, and associated landscaping, where such review is required (CMC Chapter 19.12). G. Major Architectural and Site Approval: Architectural approval of all other development projects (CMC Chapter 19.12). H. Exceptions: An exception to the zoning standards for which an exception process and findings are identified in the Municipal Code. These include Fence, Sign, Height, Hillside, Parking, R-1, A, A-1, and R1 cluster zone exceptions. This also includes exceptions identified in the City's Specific Plans (CMC Chapter 19.12 and Title 20). CC 04-21-20 198 of 548 CITY OF CUPERTINO Resolution 20-xxx Fees Effective July 1, 2020 Schedule C - Planning Fee Description Effective July 1, 2020 Planning Staff Hourly Rate1 $286 General Plan Authorization Amendment Zoning Zoning Map Amendment Zoning Text Amendment Single-Story Overlay District Study Session Staff Hourly Rate Subdivision Parcel Map (See Definition A)$17,975 Tentative Map (See Definition B)$29,899 Conditional Use/Development Permit Temporary Use Permit $3,987 Administrative Conditional Use Permit $6,602 Minor (See Definition C)$18,083 Major (See Definition D)$30,132 Amendment to Conditional Use/Development Permit Minor (See Definition C)$8,307 Major (See Definition D)$15,171 Architectural and Site Approval Permit Minor Duplex / Residential (See Definition E)$6,353 Minor (See Definition F)$12,510 Major (See Definition G)$18,620 Single Family (R-1) Residential Permits Minor Residential Permit $3,262 Two-Story Permit without Design Review $4,236 Two-Story Permit with Design Review $5,083 Director Minor Modification (See Definition I)$4,456 Exceptions (See Definition H) Fence Exception - R1 & R2 $1,213 Fence Exception - Other $4,081 Sign exception $4,645 R-1 Exception $6,597 Heart of the City Exception $18,442 Hillside Exception $19,114 Exception - Other $6,366 Variance $7,295 Reasonable Accommodation $1,059 Staff Hourly Rate Staff Hourly Rate CC 04-21-20 199 of 548 CITY OF CUPERTINO Resolution 20-xxx Fees Effective July 1, 2020 Schedule C - Planning Fee Description Effective July 1, 2020 Tree Removal Permit Tree Removal Permit (no Arborist review required) First Tree $282 Each Additional Tree $142 Tree Removal Permit (Arborist review required) First Tree $423 Each Additional Tree $212 Retroactive Tree Removal (per tree)$4,695 Heritage Tree Designation $353 Tree Management Plan $6,638 Signs Temporary Sign Permit (See Definition J)$450 Sign Program $3,645 Planning Commission Interpretation $6,722 Extension of Approved Entitlements (See Definition K)$1,807 Environmental Assessment Environmental Impact Report (Plus State & County Filing Fees)Contract+Admin Fee Negative Declaration - Major (Plus State & County Filing Fees)Contract+Admin Fee Negative Declaration - Minor (Plus State & County Filing Fees)Contract+Admin Fee Categorical Exemption (Plus County Filing Fee)$325 Appeals (See Definition L) Planning Commission $325 City Council $325 Miscellaneous Fees Legal Noticing Fee (See Definition M)$378 Zoning Verification Letter $477 Public Convenience and Necessity Letter (Alcoholic Beverage License)$239 Fees Assessed at Building Permit Issuance Wireless Master Plan Fees Equipment Mounted on Existing Light/Utility Pole $8.75 New Personal Wireless Facility (not mounted on light/utility pole)$1,906 Zoning, Planning, Municipal Code Fees All Non-Residential and Multi-Family (per sq.ft.)$0.43 Residential Single Family (per sq. ft.)$0.21 General Plan Office Allocation Fee (per sq. ft.)$0.39 CC 04-21-20 200 of 548 CITY OF CUPERTINO Resolution 20-xxx Fees Effective July 1, 2020 Schedule C - Planning FOR INFORMATIONAL PURPOSES ONLY: 2 Housing Mitigation In-Lieu Fees 2 (See Definition N) Residential - Ownership (per sq. ft.) Detached Single Family Residence $18.98 Small Lot Single Family Residence or Townhome $20.88 Multi-family Attached Townhome, Apartment, or Condominium (up to 35 du/ac) $25.31 Multi-family Attached Townhome, Apartment, or Condominium (over 35 du/ac) $25.31 Residential - Rental (per sq. ft.) Multi-family Attached Townhome, Apartment, or Condominium (up to 35 du/ac) $25.31 Multi-family Attached Townhome, Apartment, or Condominium (over 35 du/ac) $31.64 Non-Residential (per sq. ft.) Office, Research and Development, or Industrial $25.31 Hotel $12.66 Self-storage, employee unit provided $0.56 Self-storage, employee unit not provided $1.18 Warehouse $41.67 Commercial/Retail $12.66 1Applications may be subject to a Planning Staff Hourly Rate fee for applicable staff time, and vendor invoice. These fees apply to projects that require a level of staff support greater than the scope of work included in the regular fee schedule and will be based on the time and materials required to process the entire project. The applicant will be notified if these fees are applicable to their project. An administrative fee (15%) will be charged for outside agency review/consultant services per Schedule A - General Fees. If plans are submitted on paper, these must be sent to an outside agency for scanning. The cost of scanning the plans, plus the administrative fee per Schedule A - General Fees will be charged. 2All Housing Mitigation Fees are assessed in accordance with the BMR Housing Mitigation Manual. Non-residential Housing Mitigation In-lieu Fees are based on the 2015 and the 2020 Supplement to the Non-Residential Nexus Analysis by Keyser Marsten. Residential Housing Mitigation In-lieu Fees is are based on the 2015 Nexus Study. These fees increase automatically annually (on July 1 of each year) by the Consumer Price Index of All Urban Consumers for San Francisco, CA. CC 04-21-20 201 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule C - Planning DEFINITIONS A. Parcel Map: up to four (4) parcels (CMC Chapter 18.20). B. Tentative map: Five (5) or more parcels (CMC Chapter 18.16). F. Minor Architectural and Site Approval: Architectural approval of the following: minor building I. Minor Modification: An application that is administratively reviewed by staff either at an advertised public hearing/meeting or in a non-hearing process (CMC Chapter 19.164). J. Temporary Sign Permit: A review of a temporary sign application for banners, A-frame signs and other temporary signs (CMC Chapter 19.104). L. Appeal: A request from the project applicant or interested party to reverse or amend a decision made by the approval authority. Fee Exemption for: an appointed public official serving on the board that made the decision subject to the appeal, an appointed public official serving on a board that is directly affected by the decision and City Council members. At the conclusion of a City Council appeal hearing, it may choose to, at its sole discretion, refund all, a portion of, or none of the appeal fee (CMC Chapter 19.12). M. Legal Noticing Fee: Assessed for all permit applications that require noticing (CMC Chapter 19.12). N. Housing Mitigation Fee: A fee assessed in accordance with the City's General Plan Housing Element, Municipal Code (CMC 19.172) and the City's BMR Housing Mitigation Program Procedural Manual. K. Extension Permit: A one-time one-year extension of the planning permit expiration date (CMC Chapter 19.12). Note: Mixed use applications will be classified based upon the highest intensity and review process. The Director of Community Development will have discretion to classify projects based upon the above criteria. H. Exceptions: An exception to the zoning standards for which an exception process and findings are identified in the Municipal Code. These include Fence, Sign, Height, Hillside, Parking, R-1, A, A-1, and R1 cluster zone exceptions. This also includes exceptions identified in the City's Specific Plans (CMC Chapter 19.12 and Title 20). C. Minor: Up to 10,000 square feet commercial/office/non-residential/industrial; up to six (6) residential units (CMC Chapter 19.12) D. Major: 10,000 or more square feet commercial/office/non-residential/industrial; six (6) or more residential units (CMC Chapter 19.12). E. Minor Architectural and Site Approval - Duplex/Residential: Architectural approval of single family homes in a planned development zoning district, redevelopment or modification of duplexes, and associated landscaping, where such review is required (CMC Chapter 19.12). modifications, landscaping, signs and lighting for new development, redevelopment or modification in such zones where such review is required (CMC Chapter 19.12). G. Major Architectural and Site Approval: Architectural approval of all other development projects (CMC Chapter 19.12). CC 04-21-20 202 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule C - Planning Fee Description Effective July 1, 2019 Change Effective July 1, 2020 Planning Staff Hourly Rate1 $244 $42 $286 General Plan Authorization Amendment Zoning Zoning Map Amendment Zoning Text Amendment Single-Story Overlay District Study Session Staff Hourly Rate Staff Hourly Rate Subdivision Parcel Map (See Definition A)$15,322 $2,653 $17,975 Tentative Map (See Definition B)$25,487 $4,412 $29,899 Conditional Use/Development Permit Temporary Use Permit $3,399 $588 $3,987 Administrative Conditional Use Permit $5,627 $975 $6,602 Minor (See Definition C)$15,415 $2,668 $18,083 Major (See Definition D)$25,686 $4,446 $30,132 Amendment to Conditional Use/Development Permit Minor (See Definition C)$7,081 $1,226 $8,307 Major (See Definition D)$12,932 $2,239 $15,171 Architectural and Site Approval Permit Minor Duplex / Residential (See Definition E)$5,415 $938 $6,353 Minor (See Definition F)$10,664 $1,846 $12,510 Major (See Definition G)$15,872 $2,748 $18,620 Single Family (R-1) Residential Permits Minor Residential Permit $2,781 $481 $3,262 Two-Story Permit without Design Review $3,611 $625 $4,236 Two-Story Permit with Design Review $4,333 $750 $5,083 Director Minor Modification (See Definition I)$3,798 $658 $4,456 Exceptions (See Definition H) Fence Exception - R1 & R2 $1,034 $179 $1,213 Fence Exception - Other $3,479 $602 $4,081 Sign exception $3,959 $686 $4,645 R-1 Exception $5,623 $974 $6,597 Heart of the City Exception $15,721 $2,721 $18,442 Hillside Exception $16,294 $2,820 $19,114 Exception - Other $5,427 $939 $6,366 Variance $6,218 $1,077 $7,295 Reasonable Accommodation $903 $156 $1,059 Staff Hourly Rate Staff Hourly Rate Staff Hourly Rate Staff Hourly Rate CC 04-21-20 203 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule C - Planning Fee Description Effective July 1, 2019 Change Effective July 1, 2020 Tree Removal Permit Tree Removal Permit (no Arborist review required) First Tree $240 $42 $282 Each Additional Tree $121 $21 $142 Tree Removal Permit (Arborist review required) First Tree $361 $62 $423 Each Additional Tree $181 $31 $212 Retroactive Tree Removal (per tree)$4,002 $693 $4,695 Heritage Tree Designation $301 $52 $353 Tree Management Plan $5,659 $979 $6,638 Signs Temporary Sign Permit (See Definition J)$384 $66 $450 Sign Program $3,108 $537 $3,645 Planning Commission Interpretation $5,730 $992 $6,722 Extension of Approved Entitlements (See Definition K)$1,540 $267 $1,807 Environmental Assessment Environmental Impact Report (Plus State & County Filing Fees)Contract+Admin Fee Contract+Admin Fee Negative Declaration - Major (Plus State & County Filing Fees)Contract+Admin Fee Contract+Admin Fee Negative Declaration - Minor (Plus State & County Filing Fees)Contract+Admin Fee Contract+Admin Fee Categorical Exemption (Plus County Filing Fee)$277 $48 $325 Appeals (See Definition L) Planning Commission $277 $48 $325 City Council $277 $48 $325 Miscellaneous Fees Legal Noticing Fee (See Definition M)$322 $56 $378 Zoning Verification Letter $407 $70 $477 Public Convenience and Necessity Letter (Alcoholic Beverage License)$204 $35 $239 Fees Assessed at Building Permit Issuance Wireless Master Plan Fees Equipment Mounted on Existing Light/Utility Pole $7.46 $1.29 $8.75 New Personal Wireless Facility (not mounted on light/utility pole)$1,624 $282 $1,906 Zoning, Planning, Municipal Code Fees All Non-Residential and Multi-Family (per sq.ft.)$0.36 $0.06 $0.43 Residential Single Family (per sq. ft.)$0.18 $0.03 $0.21 General Plan Office Allocation Fee (per sq. ft.)$0.33 $0.06 $0.39 CC 04-21-20 204 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule C - Planning FOR INFORMATIONAL PURPOSES ONLY: 2 Housing Mitigation In-Lieu Fees 2 (See Definition N) Residential - Ownership (per sq. ft.) Detached Single Family Residence $18.45 $0.54 $18.98 Small Lot Single Family Residence or Townhome $20.29 $0.59 $20.88 Multi-family Attached Townhome, Apartment, or Condominium (up to 35 du/ac) $24.60 $0.71 $25.31 Multi-family Attached Townhome, Apartment, or Condominium (over 35 du/ac) $24.60 $0.71 $25.31 Residential - Rental (per sq. ft.) Multi-family Attached Townhome, Apartment, or Condominium (up to 35 du/ac) $24.60 $0.71 $25.31 Multi-family Attached Townhome, Apartment, or Condominium (over 35 du/ac) $30.75 $0.89 $31.64 Non-Residential (per sq. ft.) Office, Research and Development, or Industrial $24.60 $0.71 $25.31 Hotel $12.30 $0.36 $12.66 Self-storage, employee unit provided $0.56 $0.56 Self-storage, employee unit not provided $1.18 $1.18 Warehouse $41.67 $41.67 Commercial/Retail $12.30 $0.36 $12.66 An administrative fee (15%) will be charged for outside agency review/consultant services per Schedule A - General Fees. If plans are submitted on paper, these must be sent to an outside agency for scanning. The cost of scanning the plans, plus the administrative fee per Schedule A - General Fees will be charged. 1Applications may be subject to a Planning Staff Hourly Rate fee for applicable staff time, and vendor invoice. These fees apply to projects that require a level of staff support greater than the scope of work included in the regular fee schedule and will be based on the time and materials required to process the entire project. The applicant will be notified if these fees are applicable to their project. The applicant will be required to enter into a Reimbursement Agreement with the City for such projects. 2All Housing Mitigation Fees are assessed in accordance with the BMR Housing Mitigation Manual. Non-residential Housing Mitigation In-lieu Fees are based on the 2015 and the 2020 Supplement to the Non-Residential Nexus Analysis by Keyser Marsten. Residential Housing Mitigation In-lieu Fees is are based on the 2015 Nexus Study. These fees increase automatically annually (on July 1 of each year) by the Consumer Price Index of All Urban Consumers for San Francisco, CA. CC 04-21-20 205 of 548 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * A-1 Assembly—Fixed Seating 1,000 $9,073 $59.68 $7,561 $49.74 $6,049 $39.79 Theater, Concert Hall 5,000 $11,460 $66.85 $9,550 $55.71 $7,640 $44.57 10,000 $14,803 $52.53 $12,335 $43.78 $9,868 $35.02 20,000 $20,056 $11.15 $16,713 $9.29 $13,371 $7.43 50,000 $23,400 $11.45 $19,500 $9.54 $15,600 $7.63 100,000 $29,125 $29.13 $24,271 $24.27 $19,417 $19.42 A-2 Assembly—Food & Drink 250 $6,133 $161.40 $5,111 $134.50 $4,088 $107.60 Restaurant, Night Club, Bar 1,250 $7,747 $180.74 $6,456 $150.62 $5,164 $120.50 2,500 $10,006 $142.01 $8,338 $118.34 $6,671 $94.67 5,000 $13,556 $30.13 $11,297 $25.11 $9,038 $20.09 12,500 $15,816 $30.98 $13,180 $25.82 $10,544 $20.65 25,000 $19,689 $78.76 $16,408 $65.63 $13,126 $52.50 A-3 Assembly—Worship, Amusement 1,000 $11,497 $75.64 $9,581 $63.03 $7,665 $50.43 Arcade, Church, Community Hall 5,000 $14,523 $84.71 $12,103 $70.59 $9,682 $56.47 10,000 $18,758 $66.58 $15,632 $55.48 $12,506 $44.39 20,000 $25,416 $14.10 $21,180 $11.75 $16,944 $9.40 50,000 $29,647 $14.53 $24,706 $12.11 $19,765 $9.68 100,000 $36,911 $36.91 $30,759 $30.76 $24,607 $24.61 A-4 Assembly—Indoor Sport Viewing 500 $7,002 $92.14 $5,835 $76.78 $4,668 $61.43 Arena, Skating Rink, Tennis Court 2,500 $8,845 $103.17 $7,371 $85.98 $5,897 $68.78 5,000 $11,424 $81.10 $9,520 $67.58 $7,616 $54.07 10,000 $15,479 $17.20 $12,899 $14.33 $10,320 $11.47 25,000 $18,060 $17.69 $15,050 $14.74 $12,040 $11.79 50,000 $22,481 $44.96 $18,734 $37.47 $14,987 $29.97 A-5 Assembly—Outdoor Activities 500 $7,409 $97.50 $6,174 $81.25 $4,939 $65.00 Amusement Park, Bleacher, Stadium 2,500 $9,359 $109.19 $7,799 $90.99 $6,239 $72.79 5,000 $12,089 $85.79 $10,074 $71.49 $8,059 $57.19 10,000 $16,378 $18.19 $13,648 $15.16 $10,919 $12.13 25,000 $19,107 $18.74 $15,922 $15.62 $12,738 $12.49 50,000 $23,792 $47.58 $19,827 $39.65 $15,861 $31.72 A A Occupancy Tenant Improvements 500 $4,664 $61.38 $3,887 $51.15 $3,110 $40.92 2,500 $5,892 $68.72 $4,910 $57.27 $3,928 $45.81 5,000 $7,610 $54.02 $6,342 $45.02 $5,073 $36.01 10,000 $10,311 $11.45 $8,592 $9.54 $6,874 $7.63 25,000 $12,028 $11.77 $10,024 $9.81 $8,019 $7.85 50,000 $14,972 $29.94 $12,477 $24.95 $9,981 $19.96 B Business—Bank 500 $6,325 $83.21 $5,271 $69.34 $4,216 $55.47 2,500 $7,989 $93.22 $6,657 $77.68 $5,326 $62.15 5,000 $10,319 $73.23 $8,600 $61.02 $6,880 $48.82 10,000 $13,981 $15.54 $11,651 $12.95 $9,321 $10.36 25,000 $16,311 $15.99 $13,593 $13.32 $10,874 $10.66 50,000 $20,308 $40.62 $16,924 $33.85 $13,539 $27.08 CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 SCHEDULE D - TABLE 1 PLAN CHECK FEES ONLY CC 04-21-20 206 of 548 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 SCHEDULE D - TABLE 1 PLAN CHECK FEES ONLY B Business—Laundromat 200 $5,432 $178.69 $4,527 $148.91 $3,622 $119.13 1,000 $6,862 $200.14 $5,718 $166.78 $4,575 $133.43 2,000 $8,863 $157.24 $7,386 $131.03 $5,909 $104.82 4,000 $12,008 $33.37 $10,007 $27.81 $8,005 $22.25 10,000 $14,011 $34.31 $11,675 $28.59 $9,340 $22.87 20,000 $17,441 $87.21 $14,534 $72.67 $11,627 $58.14 B Business—Clinic, Outpatient 500 $6,517 $85.73 $5,431 $71.44 $4,344 $57.16 2,500 $8,231 $96.06 $6,859 $80.05 $5,488 $64.04 5,000 $10,633 $75.43 $8,861 $62.86 $7,089 $50.29 10,000 $14,404 $16.00 $12,004 $13.33 $9,603 $10.66 25,000 $16,804 $16.48 $14,003 $13.73 $11,202 $10.98 50,000 $20,923 $41.85 $17,436 $34.87 $13,948 $27.90 B Business—Professional Office 1,000 $7,196 $70.26 $5,996 $58.55 $4,797 $46.84 5,000 $10,006 $60.44 $8,338 $50.37 $6,671 $40.29 10,000 $13,028 $42.73 $10,857 $35.61 $8,685 $28.49 20,000 $17,301 $10.09 $14,418 $8.41 $11,534 $6.73 50,000 $20,330 $10.84 $16,941 $9.04 $13,553 $7.23 100,000 $25,751 $25.75 $21,459 $21.46 $17,167 $17.17 B B Occupancy Tenant Improvements 300 $4,989 $109.40 $4,157 $91.17 $3,326 $72.93 1,500 $6,302 $122.53 $5,251 $102.11 $4,201 $81.69 3,000 $8,139 $96.27 $6,783 $80.22 $5,426 $64.18 6,000 $11,028 $20.41 $9,190 $17.01 $7,352 $13.61 15,000 $12,865 $21.01 $10,721 $17.51 $8,577 $14.00 30,000 $16,016 $53.39 $13,347 $44.49 $10,677 $35.59 E Educational— Preschool / School 100 $5,370 $353.31 $4,475 $294.42 $3,580 $235.54 500 $6,783 $395.67 $5,653 $329.72 $4,522 $263.78 1,000 $8,762 $310.92 $7,301 $259.10 $5,841 $207.28 2,000 $11,871 $65.96 $9,892 $54.97 $7,914 $43.97 5,000 $13,850 $67.81 $11,541 $56.51 $9,233 $45.21 10,000 $17,240 $172.40 $14,367 $143.67 $11,493 $114.93 E E Occupancy Tenant Improvements 100 $4,218 $277.51 $3,515 $231.26 $2,812 $185.01 500 $5,328 $310.83 $4,440 $259.03 $3,552 $207.22 1,000 $6,882 $244.21 $5,735 $203.51 $4,588 $162.81 2,000 $9,325 $51.80 $7,770 $43.17 $6,216 $34.53 5,000 $10,878 $53.28 $9,065 $44.40 $7,252 $35.52 10,000 $13,543 $135.43 $11,285 $112.85 $9,028 $90.28 F-1 Factory Industrial—Moderate Hazard 1,000 $6,590 $18.80 $5,491 $15.67 $4,393 $12.53 5,000 $7,342 $30.07 $6,118 $25.06 $4,894 $20.05 10,000 $8,845 $32.58 $7,371 $27.15 $5,897 $21.72 20,000 $12,103 $5.00 $10,086 $4.17 $8,069 $3.34 50,000 $13,604 $3.02 $11,337 $2.51 $9,069 $2.01 100,000 $15,112 $15.11 $12,593 $12.59 $10,074 $10.07 CC 04-21-20 207 of 548 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 SCHEDULE D - TABLE 1 PLAN CHECK FEES ONLY F-2 Factory Industrial—Low Hazard 1,000 $6,776 $44.59 $5,647 $37.16 $4,517 $29.73 5,000 $8,560 $49.93 $7,133 $41.61 $5,706 $33.29 10,000 $11,056 $39.24 $9,214 $32.70 $7,371 $26.16 20,000 $14,980 $8.30 $12,484 $6.92 $9,987 $5.53 50,000 $17,471 $8.56 $14,559 $7.13 $11,647 $5.70 100,000 $21,749 $21.75 $18,124 $18.12 $14,499 $14.50 F F Occupancy Tenant Improvements 1,000 $4,960 $32.64 $4,134 $27.20 $3,307 $21.76 5,000 $6,266 $36.54 $5,221 $30.45 $4,177 $24.36 10,000 $8,093 $28.72 $6,744 $23.93 $5,395 $19.14 20,000 $10,964 $6.09 $9,137 $5.07 $7,310 $4.06 50,000 $12,791 $6.27 $10,659 $5.22 $8,527 $4.18 100,000 $15,925 $15.92 $13,271 $13.27 $10,617 $10.62 H-1 High Hazard Group H-1 100 $5,029 $330.87 $4,191 $275.73 $3,353 $220.58 500 $6,353 $370.59 $5,294 $308.83 $4,235 $247.06 1,000 $8,206 $291.17 $6,838 $242.64 $5,471 $194.11 2,000 $11,118 $61.77 $9,265 $51.48 $7,412 $41.18 5,000 $12,971 $63.52 $10,809 $52.93 $8,647 $42.34 10,000 $16,147 $161.47 $13,455 $134.55 $10,764 $107.64 H-2 High Hazard Group H-2 100 $6,035 $397.05 $5,029 $330.87 $4,024 $264.70 500 $7,623 $444.71 $6,353 $370.59 $5,082 $296.47 1,000 $9,847 $349.40 $8,206 $291.17 $6,565 $232.93 2,000 $13,341 $74.13 $11,118 $61.77 $8,894 $49.42 5,000 $15,565 $76.22 $12,971 $63.52 $10,377 $50.81 10,000 $19,376 $193.76 $16,147 $161.47 $12,917 $129.17 H-3 High Hazard Group H-3 100 $6,584 $433.16 $5,487 $360.97 $4,389 $288.77 500 $8,317 $485.14 $6,931 $404.28 $5,545 $323.43 1,000 $10,743 $381.18 $8,952 $317.65 $7,162 $254.12 2,000 $14,554 $80.87 $12,129 $67.39 $9,703 $53.92 5,000 $16,981 $83.16 $14,150 $69.30 $11,320 $55.44 10,000 $21,139 $211.39 $17,616 $176.16 $14,092 $140.92 H-4 High Hazard Group H-4 100 $5,267 $346.53 $4,389 $288.77 $3,512 $231.02 500 $6,653 $388.11 $5,545 $323.43 $4,436 $258.74 1,000 $8,594 $304.94 $7,162 $254.12 $5,729 $203.30 2,000 $11,643 $64.70 $9,703 $53.92 $7,762 $43.13 5,000 $13,584 $66.53 $11,320 $55.44 $9,056 $44.35 10,000 $16,911 $169.11 $14,092 $140.92 $11,274 $112.74 H-5 High Hazard Group H-5 100 $5,267 $346.53 $4,389 $288.77 $3,512 $231.02 500 $6,653 $388.11 $5,545 $323.43 $4,436 $258.74 1,000 $8,594 $304.94 $7,162 $254.12 $5,729 $203.30 2,000 $11,643 $64.70 $9,703 $53.92 $7,762 $43.13 5,000 $13,584 $66.53 $11,320 $55.44 $9,056 $44.35 10,000 $16,911 $169.11 $14,092 $140.92 $11,274 $112.74 CC 04-21-20 208 of 548 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 SCHEDULE D - TABLE 1 PLAN CHECK FEES ONLY H H Occupancy Tenant Improvements 100 $3,885 $255.59 $3,238 $213.00 $2,590 $170.40 500 $4,907 $286.29 $4,090 $238.58 $3,272 $190.86 1,000 $6,339 $224.93 $5,282 $187.44 $4,226 $149.95 2,000 $8,588 $47.70 $7,157 $39.75 $5,726 $31.80 5,000 $10,019 $49.10 $8,349 $40.91 $6,679 $32.73 10,000 $12,474 $124.74 $10,395 $103.95 $8,316 $83.16 I-1 Institutional—7+ persons, ambulatory 500 $6,601 $86.86 $5,501 $72.39 $4,401 $57.91 2,500 $8,338 $97.26 $6,948 $81.05 $5,559 $64.84 5,000 $10,770 $76.44 $8,975 $63.70 $7,180 $50.96 10,000 $14,592 $16.20 $12,160 $13.50 $9,728 $10.80 25,000 $17,022 $16.69 $14,185 $13.91 $11,348 $11.12 50,000 $21,194 $42.39 $17,661 $35.32 $14,129 $28.26 I-2 Institutional—6+ persons, non-ambulatory 500 $7,996 $105.21 $6,663 $87.67 $5,330 $70.14 2,500 $10,100 $117.81 $8,416 $98.17 $6,733 $78.54 5,000 $13,045 $92.58 $10,871 $77.15 $8,697 $61.72 10,000 $17,674 $19.64 $14,728 $16.37 $11,783 $13.10 25,000 $20,621 $20.18 $17,184 $16.82 $13,747 $13.45 50,000 $25,666 $51.33 $21,388 $42.78 $17,111 $34.22 I-3 Institutional—6+ persons, restrained 500 $7,356 $96.79 $6,130 $80.66 $4,904 $64.53 2,500 $9,292 $108.40 $7,743 $90.34 $6,195 $72.27 5,000 $12,002 $85.19 $10,002 $70.99 $8,001 $56.80 10,000 $16,262 $18.05 $13,551 $15.04 $10,841 $12.03 25,000 $18,969 $18.57 $15,808 $15.48 $12,646 $12.38 50,000 $23,612 $47.22 $19,677 $39.35 $15,741 $31.48 I-4 Institutional—6+ persons, day care 500 $7,356 $96.79 $6,130 $80.66 $4,904 $64.53 2,500 $9,292 $108.40 $7,743 $90.34 $6,195 $72.27 5,000 $12,002 $85.19 $10,002 $70.99 $8,001 $56.80 10,000 $16,262 $18.05 $13,551 $15.04 $10,841 $12.03 25,000 $18,969 $18.57 $15,808 $15.48 $12,646 $12.38 50,000 $23,612 $47.22 $19,677 $39.35 $15,741 $31.48 I I Occupancy Tenant Improvements 100 $3,889 $255.87 $3,241 $213.23 $2,593 $170.58 500 $4,913 $286.58 $4,094 $238.82 $3,275 $191.05 1,000 $6,346 $225.17 $5,288 $187.64 $4,230 $150.11 2,000 $8,597 $47.76 $7,165 $39.80 $5,732 $31.84 5,000 $10,030 $49.15 $8,358 $40.96 $6,687 $32.76 10,000 $12,487 $124.87 $10,406 $104.06 $8,325 $83.25 M Mercantile 2,000 $10,356 $34.06 $8,630 $28.38 $6,904 $22.70 10,000 $13,081 $38.18 $10,901 $31.82 $8,721 $25.45 20,000 $16,899 $29.99 $14,083 $24.99 $11,266 $19.99 40,000 $22,896 $6.35 $19,080 $5.29 $15,264 $4.23 100,000 $26,704 $6.54 $22,253 $5.45 $17,803 $4.36 200,000 $33,247 $16.62 $27,706 $13.85 $22,165 $11.08 CC 04-21-20 209 of 548 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 SCHEDULE D - TABLE 1 PLAN CHECK FEES ONLY M M Occupancy Tenant Improvements 300 $4,602 $100.93 $3,835 $84.11 $3,068 $67.29 1,500 $5,813 $113.02 $4,844 $94.18 $3,876 $75.35 3,000 $7,509 $88.84 $6,257 $74.03 $5,006 $59.22 6,000 $10,174 $18.82 $8,478 $15.68 $6,782 $12.55 15,000 $11,867 $19.40 $9,890 $16.16 $7,912 $12.93 30,000 $14,777 $49.26 $12,314 $41.05 $9,851 $32.84 R-1 Residential—Hotels & Motels 3,000 $15,360 $6.73 $12,800 $5.61 $10,240 $4.49 15,000 $16,168 $21.56 $13,474 $17.96 $10,779 $14.37 30,000 $19,402 $2.71 $16,168 $2.26 $12,935 $1.81 60,000 $20,215 $3.59 $16,846 $2.99 $13,477 $2.39 150,000 $23,443 $0.55 $19,536 $0.46 $15,628 $0.37 300,000 $24,269 $8.09 $20,224 $6.74 $16,179 $5.39 R-2 Residential—Apartment Building 800 $13,946 $22.94 $11,622 $19.12 $9,298 $15.30 4,000 $14,681 $73.38 $12,234 $61.15 $9,787 $48.92 8,000 $17,616 $9.19 $14,680 $7.66 $11,744 $6.13 16,000 $18,351 $12.23 $15,292 $10.19 $12,234 $8.16 40,000 $21,287 $1.84 $17,739 $1.54 $14,191 $1.23 80,000 $22,024 $27.53 $18,353 $22.94 $14,683 $18.35 R-2 Residential—Apartment Building - 800 $198 $0.32 $165 $0.27 $132 $0.21 Repeat Unit 4,000 $209 $1.05 $174 $0.88 $139 $0.70 8,000 $251 $0.12 $209 $0.10 $167 $0.08 16,000 $260 $0.19 $217 $0.16 $173 $0.12 40,000 $305 $0.02 $254 $0.01 $203 $0.01 80,000 $312 $0.39 $260 $0.32 $208 $0.26 R-3 Dwellings—Custom Homes, Models, First 499 Master Plan 1,000 $6,988 $20.86 $5,824 $17.38 $4,659 $13.91 2,500 $7,301 $83.56 $6,084 $69.63 $4,867 $55.70 4,000 $8,555 $15.65 $7,129 $13.04 $5,703 $10.43 6,000 $8,868 $62.66 $7,390 $52.22 $5,912 $41.77 8,000 $10,121 $15.65 $8,434 $13.04 $6,747 $10.43 10,000 $10,434 $104.34 $8,695 $86.95 $6,956 $69.56 R-3 Dwellings—Production Phase 1,000 $2,714 $9.52 $2,262 $7.93 $1,809 $6.34 of Master Plan (repeats)2,500 $2,857 $38.09 $2,381 $31.74 $1,904 $25.39 4,000 $3,428 $7.18 $2,857 $5.98 $2,285 $4.79 6,000 $3,572 $28.53 $2,976 $23.77 $2,381 $19.02 8,000 $4,142 $7.20 $3,452 $6.00 $2,761 $4.80 10,000 $4,286 $42.86 $3,572 $35.72 $2,857 $28.57 R-3 Dwellings—Alternate Materials 1,000 $6,186 $21.71 $5,155 $18.09 $4,124 $14.47 2,500 $6,511 $86.80 $5,426 $72.34 $4,341 $57.87 4,000 $7,813 $16.31 $6,511 $13.59 $5,209 $10.87 6,000 $8,139 $65.10 $6,783 $54.25 $5,426 $43.40 8,000 $9,441 $16.26 $7,868 $13.55 $6,294 $10.84 10,000 $9,767 $97.67 $8,139 $81.39 $6,511 $65.11 SEE MISCELLANEOUS FEE SCHEDULE CC 04-21-20 210 of 548 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 SCHEDULE D - TABLE 1 PLAN CHECK FEES ONLY R-3 Dwellings—Hillside - Custom Homes 1,000 $8,169 $28.67 $6,808 $23.89 $5,446 $19.11 , Models First Master Plan 2,500 $8,599 $114.64 $7,166 $95.54 $5,733 $76.43 4,000 $10,319 $21.52 $8,599 $17.93 $6,879 $14.34 6,000 $10,749 $85.98 $8,958 $71.65 $7,166 $57.32 8,000 $12,469 $21.49 $10,391 $17.91 $8,313 $14.33 10,000 $12,899 $128.99 $10,749 $107.49 $8,599 $85.99 R-3 Dwellings—Hillside - Production Phase 1,000 $2,714 $9.52 $2,262 $7.93 $1,809 $6.34 of Master Plan (repeats)2,500 $2,857 $38.09 $2,381 $31.74 $1,904 $25.39 4,000 $3,428 $7.18 $2,857 $5.98 $2,285 $4.79 6,000 $3,572 $28.53 $2,976 $23.77 $2,381 $19.02 8,000 $4,142 $7.20 $3,452 $6.00 $2,761 $4.80 10,000 $4,286 $42.86 $3,572 $35.72 $2,857 $28.57 R-3 Dwellings—Hillside - Alternate Materials 1,000 $6,186 $21.71 $5,155 $18.09 $4,124 $14.47 2,500 $6,511 $86.80 $5,426 $72.34 $4,341 $57.87 4,000 $7,813 $16.31 $6,511 $13.59 $5,209 $10.87 6,000 $8,139 $65.10 $6,783 $54.25 $5,426 $43.40 8,000 $9,441 $16.26 $7,868 $13.55 $6,294 $10.84 10,000 $9,767 $97.67 $8,139 $81.39 $6,511 $65.11 R-3.1 Group Care 1,000 $11,554 $15.20 $9,628 $12.67 $7,703 $10.13 5,000 $12,162 $48.66 $10,135 $40.55 $8,108 $32.44 10,000 $14,595 $6.06 $12,163 $5.05 $9,730 $4.04 20,000 $15,201 $8.10 $12,667 $6.75 $10,134 $5.40 50,000 $17,630 $1.21 $14,691 $1.01 $11,753 $0.80 100,000 $18,233 $18.23 $15,194 $15.19 $12,155 $12.16 R-4 Group Care 100 $6,521 $85.80 $5,434 $71.50 $4,347 $57.20 500 $6,864 $274.58 $5,720 $228.81 $4,576 $183.05 1,000 $8,237 $34.31 $6,864 $28.59 $5,491 $22.87 2,000 $8,580 $45.77 $7,150 $38.14 $5,720 $30.51 5,000 $9,953 $6.86 $8,294 $5.72 $6,635 $4.57 10,000 $10,296 $102.96 $8,580 $85.80 $6,864 $68.64 R R Occupancy Tenant Improvements 80 $3,800 $62.50 $3,167 $52.08 $2,533 $41.67 400 $4,000 $200.01 $3,333 $166.68 $2,667 $133.34 800 $4,800 $25.01 $4,000 $20.84 $3,200 $16.67 1,600 $5,000 $33.33 $4,167 $27.77 $3,333 $22.22 4,000 $5,800 $5.02 $4,833 $4.18 $3,867 $3.35 8,000 $6,001 $75.01 $5,001 $62.51 $4,000 $50.01 S-1 Storage—Moderate Hazard 600 $5,317 $58.30 $4,431 $48.59 $3,545 $38.87 3,000 $6,716 $65.31 $5,597 $54.42 $4,478 $43.54 6,000 $8,676 $51.32 $7,230 $42.76 $5,784 $34.21 12,000 $11,755 $10.88 $9,796 $9.06 $7,836 $7.25 30,000 $13,712 $11.18 $11,427 $9.32 $9,142 $7.45 60,000 $17,067 $28.44 $14,222 $23.70 $11,378 $18.96 CC 04-21-20 211 of 548 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 SCHEDULE D - TABLE 1 PLAN CHECK FEES ONLY S-2 Storage—Low Hazard 10,000 $12,276 $8.06 $10,230 $6.72 $8,184 $5.38 50,000 $15,501 $9.06 $12,918 $7.55 $10,334 $6.04 100,000 $20,033 $7.12 $16,694 $5.93 $13,355 $4.74 200,000 $27,149 $1.50 $22,624 $1.25 $18,099 $1.00 500,000 $31,659 $1.55 $26,383 $1.29 $21,106 $1.03 1,000,000 $39,389 $3.94 $32,824 $3.28 $26,259 $2.63 S S Occupancy Tenant Improvements 600 $4,797 $52.59 $3,997 $43.82 $3,198 $35.06 3,000 $6,059 $58.93 $5,049 $49.11 $4,039 $39.29 6,000 $7,827 $46.29 $6,522 $38.58 $5,218 $30.86 12,000 $10,604 $9.80 $8,837 $8.17 $7,070 $6.54 30,000 $12,369 $10.10 $10,308 $8.42 $8,246 $6.73 60,000 $15,400 $25.67 $12,833 $21.39 $10,266 $17.11 U Accessory—Private Garage / 999 Agricultural Building 2,000 $3,379 $41.36 $2,815 $34.47 $2,252 $27.57 4,000 $4,206 $105.14 $3,505 $87.62 $2,804 $70.09 Deferred Submittal - All Except R-3 1,000 $1,023 $6.73 $853 $5.61 $682 $4.49 5,000 $1,293 $7.56 $1,077 $6.30 $862 $5.04 10,000 $1,671 $5.91 $1,392 $4.92 $1,114 $3.94 20,000 $2,262 $1.25 $1,885 $1.04 $1,508 $0.83 50,000 $2,637 $1.29 $2,197 $1.08 $1,758 $0.86 100,000 $3,282 $3.28 $2,735 $2.74 $2,188 $2.19 Deferred Submittal - R-3 1,000 $1,023 $17.96 $853 $14.96 $682 $11.97 2,500 $1,293 $25.12 $1,077 $20.93 $862 $16.74 4,000 $1,670 $29.67 $1,391 $24.72 $1,113 $19.78 6,000 $2,263 $18.83 $1,886 $15.69 $1,509 $12.55 8,000 $2,639 $32.36 $2,200 $26.97 $1,760 $21.57 10,000 $3,287 $32.87 $2,739 $27.39 $2,191 $21.91 Standard Comm. Foundation 500 $4,214 $11.08 $3,512 $9.23 $2,809 $7.39 w/o Podium 2,500 $4,435 $35.49 $3,696 $29.58 $2,957 $23.66 5,000 $5,323 $4.43 $4,436 $3.69 $3,549 $2.95 10,000 $5,544 $5.92 $4,620 $4.94 $3,696 $3.95 25,000 $6,432 $0.87 $5,360 $0.72 $4,288 $0.58 50,000 $6,649 $13.30 $5,541 $11.08 $4,433 $8.87 Standard Comm. Foundation 3,000 $307 $0.68 $256 $0.57 $205 $0.45 with Podium 15,000 $389 $0.76 $324 $0.64 $259 $0.51 30,000 $503 $0.59 $419 $0.49 $335 $0.40 60,000 $681 $0.12 $568 $0.10 $454 $0.08 150,000 $788 $0.12 $656 $0.10 $525 $0.08 300,000 $966 $0.32 $805 $0.27 $644 $0.21 SEE MISCELLANEOUS FEE SCHEDULE CC 04-21-20 212 of 548 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 SCHEDULE D - TABLE 1 PLAN CHECK FEES ONLY SHELL BUILDINGS All Shell Buildings 500 $4,088 $53.81 $3,407 $44.84 $2,726 $35.87 2,500 $5,165 $60.24 $4,304 $50.20 $3,443 $40.16 5,000 $6,671 $47.35 $5,559 $39.46 $4,447 $31.57 10,000 $9,038 $10.05 $7,532 $8.38 $6,025 $6.70 25,000 $10,546 $10.33 $8,788 $8.61 $7,031 $6.89 50,000 $13,130 $26.26 $10,941 $21.88 $8,753 $17.51 *Each additional 100 square feet, or portion thereof, up to the next highest project size threshold. CC 04-21-20 213 of 548 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * A-1 Assembly—Fixed Seating 1,000 $5,021 $40.86 $4,184 $34.05 $3,348 $27.24 Theater, Concert Hall 5,000 $6,656 $44.37 $5,547 $36.98 $4,437 $29.58 10,000 $8,874 $19.85 $7,395 $16.54 $5,916 $13.23 20,000 $10,859 $5.85 $9,050 $4.87 $7,240 $3.90 50,000 $12,614 $9.81 $10,512 $8.18 $8,410 $6.54 100,000 $17,520 $17.52 $14,600 $14.60 $11,680 $11.68 A-2 Assembly—Food & Drink 250 $4,430 $144.26 $3,692 $120.22 $2,954 $96.17 Restaurant, Night Club, Bar 1,250 $5,873 $156.60 $4,894 $130.50 $3,915 $104.40 2,500 $7,831 $70.07 $6,526 $58.39 $5,220 $46.72 5,000 $9,582 $20.61 $7,985 $17.18 $6,388 $13.74 12,500 $11,128 $34.60 $9,274 $28.84 $7,419 $23.07 25,000 $15,454 $61.81 $12,878 $51.51 $10,302 $41.21 A-3 Assembly—Worship, Amusement 1,000 $7,532 $61.30 $6,277 $51.08 $5,021 $40.86 Arcade, Church, Community Hall 5,000 $9,984 $66.56 $8,320 $55.47 $6,656 $44.37 10,000 $13,312 $29.77 $11,093 $24.81 $8,874 $19.85 20,000 $16,289 $8.77 $13,574 $7.31 $10,859 $5.85 50,000 $18,921 $14.72 $15,768 $12.26 $12,614 $9.81 100,000 $26,280 $26.28 $21,900 $21.90 $17,520 $17.52 A-4 Assembly—Indoor Sport Viewing 500 $4,360 $70.98 $3,633 $59.15 $2,906 $47.32 Arena, Skating Rink, Tennis Court 2,500 $5,779 $77.07 $4,816 $64.22 $3,853 $51.38 5,000 $7,706 $34.48 $6,421 $28.73 $5,137 $22.98 10,000 $9,430 $10.13 $7,858 $8.44 $6,286 $6.75 25,000 $10,948 $17.03 $9,124 $14.19 $7,299 $11.35 50,000 $15,205 $30.41 $12,671 $25.34 $10,137 $20.27 A-5 Assembly—Outdoor Activities 500 $4,785 $77.90 $3,987 $64.92 $3,190 $51.93 Amusement Park, Bleacher, Stadium 2,500 $6,343 $84.56 $5,286 $70.47 $4,229 $56.37 5,000 $8,457 $37.84 $7,047 $31.54 $5,638 $25.23 10,000 $10,349 $11.12 $8,624 $9.27 $6,899 $7.42 25,000 $12,018 $18.68 $10,015 $15.56 $8,012 $12.45 50,000 $16,687 $33.37 $13,906 $27.81 $11,125 $22.25 A A Occupancy Tenant Improvements 500 $4,785 $77.90 $3,987 $64.92 $3,190 $51.93 2,500 $6,343 $84.56 $5,286 $70.47 $4,229 $56.37 5,000 $8,457 $37.84 $7,047 $31.54 $5,638 $25.23 10,000 $10,349 $11.12 $8,624 $9.27 $6,899 $7.42 25,000 $12,018 $18.68 $10,015 $15.56 $8,012 $12.45 50,000 $16,687 $33.37 $13,906 $27.81 $11,125 $22.25 B Business—Bank 500 $4,962 $80.79 $4,135 $67.33 $3,308 $53.86 2,500 $6,578 $87.69 $5,482 $73.08 $4,385 $58.46 5,000 $8,770 $39.24 $7,309 $32.70 $5,847 $26.16 10,000 $10,732 $11.53 $8,944 $9.61 $7,155 $7.69 25,000 $12,463 $19.40 $10,385 $16.16 $8,308 $12.93 50,000 $17,312 $34.62 $14,427 $28.85 $11,541 $23.08 CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 SCHEDULE D - TABLE 2 INSPECTION FEES ONLY CC 04-21-20 214 of 548 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 SCHEDULE D - TABLE 2 INSPECTION FEES ONLY B Business—Laundromat 200 $4,431 $180.30 $3,692 $150.25 $2,954 $120.20 1,000 $5,873 $195.78 $4,894 $163.15 $3,915 $130.52 2,000 $7,831 $87.57 $6,526 $72.97 $5,220 $58.38 4,000 $9,582 $25.77 $7,985 $21.48 $6,388 $17.18 10,000 $11,128 $43.26 $9,274 $36.05 $7,419 $28.84 20,000 $15,455 $77.27 $12,879 $64.39 $10,303 $51.52 B Business—Clinic, Outpatient 500 $5,051 $82.21 $4,209 $68.51 $3,367 $54.81 2,500 $6,695 $89.28 $5,579 $74.40 $4,463 $59.52 5,000 $8,927 $39.92 $7,439 $33.27 $5,951 $26.61 10,000 $10,923 $11.75 $9,102 $9.79 $7,282 $7.83 25,000 $12,685 $19.74 $10,571 $16.45 $8,457 $13.16 50,000 $17,619 $35.24 $14,683 $29.37 $11,746 $23.49 B Business—Professional Office 1,000 $6,734 $54.82 $5,612 $45.68 $4,490 $36.54 5,000 $8,927 $59.53 $7,439 $49.61 $5,951 $39.69 10,000 $11,903 $26.62 $9,920 $22.18 $7,936 $17.75 20,000 $14,565 $7.81 $12,138 $6.51 $9,710 $5.21 50,000 $16,910 $13.15 $14,091 $10.96 $11,273 $8.77 100,000 $23,485 $23.48 $19,571 $19.57 $15,657 $15.66 B B Occupancy Tenant Improvements 300 $3,899 $105.78 $3,249 $88.15 $2,599 $70.52 1,500 $5,168 $114.86 $4,307 $95.72 $3,445 $76.58 3,000 $6,891 $51.40 $5,743 $42.83 $4,594 $34.26 6,000 $8,433 $15.11 $7,027 $12.59 $5,622 $10.08 15,000 $9,793 $25.39 $8,161 $21.16 $6,529 $16.93 30,000 $13,602 $45.34 $11,335 $37.78 $9,068 $30.23 E Educational— Preschool / School 100 $3,810 $310.13 $3,175 $258.44 $2,540 $206.75 500 $5,051 $336.73 $4,209 $280.61 $3,367 $224.49 1,000 $6,734 $150.63 $5,612 $125.53 $4,490 $100.42 2,000 $8,241 $44.30 $6,867 $36.92 $5,494 $29.53 5,000 $9,570 $74.42 $7,975 $62.01 $6,380 $49.61 10,000 $13,291 $132.91 $11,075 $110.75 $8,860 $88.60 E E Occupancy Tenant Improvements 100 $3,544 $288.49 $2,954 $240.41 $2,363 $192.33 500 $4,698 $313.23 $3,915 $261.02 $3,132 $208.82 1,000 $6,265 $140.15 $5,220 $116.79 $4,176 $93.43 2,000 $7,666 $41.22 $6,388 $34.35 $5,111 $27.48 5,000 $8,903 $69.25 $7,419 $57.71 $5,935 $46.17 10,000 $12,365 $123.65 $10,304 $103.04 $8,243 $82.43 F-1 Factory Industrial—Moderate Hazard 1,000 $5,638 $40.72 $4,698 $33.94 $3,759 $27.15 5,000 $7,267 $42.61 $6,056 $35.51 $4,845 $28.41 10,000 $9,397 $22.55 $7,831 $18.79 $6,265 $15.03 20,000 $11,652 $6.25 $9,710 $5.21 $7,768 $4.17 50,000 $13,528 $10.52 $11,273 $8.77 $9,018 $7.01 100,000 $18,788 $18.79 $15,657 $15.66 $12,525 $12.53 CC 04-21-20 215 of 548 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 SCHEDULE D - TABLE 2 INSPECTION FEES ONLY F-2 Factory Industrial—Low Hazard 1,000 $6,646 $54.10 $5,538 $45.08 $4,430 $36.06 5,000 $8,810 $58.74 $7,341 $48.95 $5,873 $39.16 10,000 $11,747 $26.28 $9,789 $21.90 $7,831 $17.52 20,000 $14,375 $7.71 $11,979 $6.42 $9,583 $5.14 50,000 $16,687 $13.00 $13,906 $10.84 $11,125 $8.67 100,000 $23,189 $23.19 $19,324 $19.32 $15,459 $15.46 F F Occupancy Tenant Improvements 1,000 $4,466 $36.36 $3,722 $30.30 $2,977 $24.24 5,000 $5,920 $39.46 $4,933 $32.88 $3,947 $26.30 10,000 $7,893 $17.67 $6,577 $14.72 $5,262 $11.78 20,000 $9,660 $5.18 $8,050 $4.32 $6,440 $3.46 50,000 $11,215 $8.74 $9,346 $7.28 $7,477 $5.83 100,000 $15,586 $15.59 $12,988 $12.99 $10,391 $10.39 H-1 High Hazard Group H-1 100 $3,190 $259.65 $2,658 $216.38 $2,127 $173.10 500 $4,229 $281.90 $3,524 $234.92 $2,819 $187.94 1,000 $5,638 $126.10 $4,698 $105.08 $3,759 $84.07 2,000 $6,899 $37.09 $5,749 $30.91 $4,599 $24.73 5,000 $8,012 $62.32 $6,677 $51.93 $5,341 $41.54 10,000 $11,128 $111.28 $9,273 $92.73 $7,418 $74.18 H-2 High Hazard Group H-2 100 $3,828 $311.58 $3,190 $259.65 $2,552 $207.72 500 $5,074 $338.29 $4,229 $281.90 $3,383 $225.52 1,000 $6,766 $151.32 $5,638 $126.10 $4,510 $100.88 2,000 $8,279 $44.51 $6,899 $37.09 $5,519 $29.67 5,000 $9,614 $74.78 $8,012 $62.32 $6,409 $49.85 10,000 $13,353 $133.53 $11,128 $111.28 $8,902 $89.02 H-3 High Hazard Group H-3 100 $4,785 $389.48 $3,987 $324.56 $3,190 $259.65 500 $6,343 $422.86 $5,286 $352.38 $4,229 $281.90 1,000 $8,457 $189.15 $7,048 $157.63 $5,638 $126.10 2,000 $10,349 $55.64 $8,624 $46.37 $6,899 $37.09 5,000 $12,018 $93.47 $10,015 $77.90 $8,012 $62.32 10,000 $16,691 $166.91 $13,910 $139.10 $11,128 $111.28 H-4 High Hazard Group H-4 100 $3,828 $311.58 $3,190 $259.65 $2,552 $207.72 500 $5,074 $338.29 $4,229 $281.90 $3,383 $225.52 1,000 $6,766 $151.32 $5,638 $126.10 $4,510 $100.88 2,000 $8,279 $44.51 $6,899 $37.09 $5,519 $29.67 5,000 $9,614 $74.78 $8,012 $62.32 $6,409 $49.85 10,000 $13,353 $133.53 $11,128 $111.28 $8,902 $89.02 H-5 High Hazard Group H-5 100 $3,828 $311.58 $3,190 $259.65 $2,552 $207.72 500 $5,074 $338.29 $4,229 $281.90 $3,383 $225.52 1,000 $6,766 $151.32 $5,638 $126.10 $4,510 $100.88 2,000 $8,279 $44.51 $6,899 $37.09 $5,519 $29.67 5,000 $9,614 $74.78 $8,012 $62.32 $6,409 $49.85 10,000 $13,353 $133.53 $11,128 $111.28 $8,902 $89.02 CC 04-21-20 216 of 548 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 SCHEDULE D - TABLE 2 INSPECTION FEES ONLY H H Occupancy Tenant Improvements 100 $3,048 $248.10 $2,540 $206.75 $2,032 $165.40 500 $4,041 $269.38 $3,367 $224.49 $2,694 $179.59 1,000 $5,388 $120.50 $4,490 $100.42 $3,592 $80.34 2,000 $6,593 $35.44 $5,494 $29.53 $4,395 $23.63 5,000 $7,656 $59.53 $6,380 $49.61 $5,104 $39.69 10,000 $10,632 $106.32 $8,860 $88.60 $7,088 $70.88 I-1 Institutional—7+ persons, 500 $4,253 $69.24 $3,544 $57.70 $2,836 $46.16 ambulatory 2,500 $5,638 $75.19 $4,698 $62.65 $3,759 $50.12 5,000 $7,518 $33.63 $6,265 $28.02 $5,012 $22.42 10,000 $9,199 $9.88 $7,666 $8.24 $6,133 $6.59 25,000 $10,682 $16.64 $8,901 $13.86 $7,121 $11.09 50,000 $14,841 $29.68 $12,367 $24.73 $9,894 $19.79 I-2 Institutional—6+ persons, 500 $5,317 $86.55 $4,431 $72.12 $3,544 $57.70 non-ambulatory 2,500 $7,048 $93.98 $5,873 $78.32 $4,698 $62.65 5,000 $9,397 $42.04 $7,831 $35.03 $6,265 $28.02 10,000 $11,499 $12.35 $9,582 $10.29 $7,666 $8.24 25,000 $13,352 $20.80 $11,127 $17.33 $8,901 $13.86 50,000 $18,551 $37.10 $15,459 $30.92 $12,367 $24.73 I-3 Institutional—6+ persons, restrained 500 $5,317 $86.55 $4,431 $72.12 $3,544 $57.70 2,500 $7,048 $93.98 $5,873 $78.32 $4,698 $62.65 5,000 $9,397 $42.04 $7,831 $35.03 $6,265 $28.02 10,000 $11,499 $12.35 $9,582 $10.29 $7,666 $8.24 25,000 $13,352 $20.80 $11,127 $17.33 $8,901 $13.86 50,000 $18,551 $37.10 $15,459 $30.92 $12,367 $24.73 I-4 Institutional—6+ persons, day care 500 $5,317 $86.55 $4,431 $72.12 $3,544 $57.70 2,500 $7,048 $93.98 $5,873 $78.32 $4,698 $62.65 5,000 $9,397 $42.04 $7,831 $35.03 $6,265 $28.02 10,000 $11,499 $12.35 $9,582 $10.29 $7,666 $8.24 25,000 $13,352 $20.80 $11,127 $17.33 $8,901 $13.86 50,000 $18,551 $37.10 $15,459 $30.92 $12,367 $24.73 I I Occupancy Tenant Improvements 100 $2,977 $242.34 $2,481 $201.95 $1,985 $161.56 500 $3,947 $263.10 $3,289 $219.25 $2,631 $175.40 1,000 $5,262 $117.73 $4,385 $98.10 $3,508 $78.48 2,000 $6,439 $34.62 $5,366 $28.85 $4,293 $23.08 5,000 $7,478 $58.18 $6,232 $48.48 $4,985 $38.78 10,000 $10,387 $103.87 $8,656 $86.56 $6,925 $69.25 M Mercantile 2,000 $7,532 $30.66 $6,276 $25.55 $5,021 $20.44 10,000 $9,985 $33.27 $8,321 $27.72 $6,657 $22.18 20,000 $13,312 $14.89 $11,093 $12.41 $8,874 $9.92 40,000 $16,289 $4.37 $13,574 $3.64 $10,859 $2.91 100,000 $18,911 $7.35 $15,759 $6.12 $12,607 $4.90 200,000 $26,259 $13.13 $21,883 $10.94 $17,506 $8.75 CC 04-21-20 217 of 548 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 SCHEDULE D - TABLE 2 INSPECTION FEES ONLY M M Occupancy Tenant Improvements 300 $4,431 $120.21 $3,692 $100.17 $2,954 $80.14 1,500 $5,873 $130.51 $4,894 $108.76 $3,915 $87.01 3,000 $7,831 $58.41 $6,526 $48.67 $5,220 $38.94 6,000 $9,583 $17.16 $7,986 $14.30 $6,389 $11.44 15,000 $11,127 $28.86 $9,273 $24.05 $7,418 $19.24 30,000 $15,457 $51.52 $12,881 $42.94 $10,305 $34.35 R-1 Residential—Hotels & Motels 3,000 $12,404 $12.92 $10,336 $10.77 $8,269 $8.62 15,000 $13,954 $10.36 $11,629 $8.63 $9,303 $6.90 30,000 $15,508 $7.73 $12,923 $6.44 $10,338 $5.15 60,000 $17,827 $1.16 $14,855 $0.96 $11,884 $0.77 150,000 $18,868 $1.91 $15,724 $1.59 $12,579 $1.27 300,000 $21,727 $7.24 $18,106 $6.04 $14,485 $4.83 R-2 Residential—Apartment Building 800 $9,773 $38.17 $8,144 $31.81 $6,515 $25.45 4,000 $10,994 $30.56 $9,162 $25.47 $7,329 $20.37 8,000 $12,216 $22.89 $10,180 $19.08 $8,144 $15.26 16,000 $14,048 $3.41 $11,706 $2.84 $9,365 $2.27 40,000 $14,866 $5.57 $12,388 $4.64 $9,911 $3.71 80,000 $17,094 $21.37 $14,245 $17.81 $11,396 $14.24 R-2 Residential—Apartment Building - 800 $7,818 $30.54 $6,515 $25.45 $5,212 $20.36 Repeat Unit 4,000 $8,795 $24.45 $7,329 $20.37 $5,864 $16.30 8,000 $9,773 $18.31 $8,144 $15.26 $6,515 $12.21 16,000 $11,238 $2.73 $9,365 $2.27 $7,492 $1.82 40,000 $11,893 $4.46 $9,911 $3.71 $7,929 $2.97 80,000 $13,675 $17.09 $11,396 $14.24 $9,117 $11.40 R-3 Dwellings—Custom Homes, Models,499 First Master Plan 1,000 $7,518 $62.63 $6,265 $52.19 $5,012 $41.75 2,500 $8,457 $62.64 $7,047 $52.20 $5,638 $41.76 4,000 $9,397 $70.50 $7,830 $58.75 $6,264 $47.00 6,000 $10,806 $31.28 $9,005 $26.07 $7,204 $20.85 8,000 $11,432 $86.15 $9,527 $71.79 $7,621 $57.43 10,000 $13,155 $131.55 $10,962 $109.62 $8,770 $87.70 R-3 Dwellings—Production Phase 1,000 $7,518 $62.63 $6,265 $52.19 $5,012 $41.75 of Master Plan (repeats)2,500 $8,457 $62.64 $7,047 $52.20 $5,638 $41.76 4,000 $9,397 $70.50 $7,830 $58.75 $6,264 $47.00 6,000 $10,806 $31.28 $9,005 $26.07 $7,204 $20.85 8,000 $11,432 $86.15 $9,527 $71.79 $7,621 $57.43 10,000 $13,155 $131.55 $10,962 $109.62 $8,770 $87.70 R-3 Dwellings—Alternate Materials 1,000 $7,518 $62.63 $6,265 $52.19 $5,012 $41.75 2,500 $8,457 $62.64 $7,047 $52.20 $5,638 $41.76 4,000 $9,397 $70.50 $7,830 $58.75 $6,264 $47.00 6,000 $10,806 $31.28 $9,005 $26.07 $7,204 $20.85 8,000 $11,432 $86.15 $9,527 $71.79 $7,621 $57.43 10,000 $13,155 $131.55 $10,962 $109.62 $8,770 $87.70 SEE MISCELLANEOUS FEE SCHEDULE CC 04-21-20 218 of 548 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 SCHEDULE D - TABLE 2 INSPECTION FEES ONLY R-3 Dwellings—Hillside - Custom Homes, 1,000 $7,768 $64.74 $6,473 $53.95 $5,179 $43.16 Models, First Master Plan 2,500 $8,739 $64.72 $7,283 $53.94 $5,826 $43.15 4,000 $9,710 $72.81 $8,092 $60.67 $6,473 $48.54 6,000 $11,166 $32.36 $9,305 $26.97 $7,444 $21.57 8,000 $11,813 $89.01 $9,844 $74.17 $7,875 $59.34 10,000 $13,593 $135.93 $11,328 $113.28 $9,062 $90.62 R-3 Dwellings—Hillside - Production 1,000 $7,768 $64.74 $6,473 $53.95 $5,179 $43.16 Phase of Master Plan (repeats)2,500 $8,739 $64.72 $7,283 $53.94 $5,826 $43.15 4,000 $9,710 $72.81 $8,092 $60.67 $6,473 $48.54 6,000 $11,166 $32.36 $9,305 $26.97 $7,444 $21.57 8,000 $11,813 $89.01 $9,844 $74.17 $7,875 $59.34 10,000 $13,593 $135.93 $11,328 $113.28 $9,062 $90.62 R-3 Dwellings—Hillside - Alternate 1,000 $7,768 $64.74 $6,473 $53.95 $5,179 $43.16 Materials 2,500 $8,739 $64.72 $7,283 $53.94 $5,826 $43.15 4,000 $9,710 $72.81 $8,092 $60.67 $6,473 $48.54 6,000 $11,166 $32.36 $9,305 $26.97 $7,444 $21.57 8,000 $11,813 $89.01 $9,844 $74.17 $7,875 $59.34 10,000 $13,593 $135.93 $11,328 $113.28 $9,062 $90.62 R-3.1 Group Care 1,000 $10,023 $31.34 $8,353 $26.11 $6,682 $20.89 5,000 $11,277 $25.03 $9,397 $20.86 $7,518 $16.69 10,000 $12,528 $18.80 $10,440 $15.67 $8,352 $12.54 20,000 $14,409 $2.80 $12,007 $2.33 $9,606 $1.86 50,000 $15,247 $4.57 $12,706 $3.81 $10,165 $3.05 100,000 $17,534 $17.53 $14,612 $14.61 $11,690 $11.69 R-4 Group Care 100 $6,265 $195.77 $5,220 $163.14 $4,176 $130.51 500 $7,048 $156.62 $5,873 $130.52 $4,698 $104.42 1,000 $7,831 $117.45 $6,526 $97.87 $5,220 $78.30 2,000 $9,005 $17.41 $7,504 $14.51 $6,003 $11.60 5,000 $9,527 $28.72 $7,940 $23.93 $6,352 $19.14 10,000 $10,963 $109.63 $9,136 $91.36 $7,309 $73.09 R R Occupancy Tenant Improvements 80 $5,513 $215.35 $4,594 $179.46 $3,675 $143.56 400 $6,202 $172.25 $5,168 $143.54 $4,135 $114.83 800 $6,891 $129.20 $5,742 $107.67 $4,594 $86.13 1,600 $7,925 $19.16 $6,604 $15.96 $5,283 $12.77 4,000 $8,384 $31.60 $6,987 $26.33 $5,590 $21.06 8,000 $9,648 $120.60 $8,040 $100.50 $6,432 $80.40 S-1 Storage—Moderate Hazard 600 $3,970 $53.86 $3,308 $44.88 $2,647 $35.90 3,000 $5,262 $58.48 $4,385 $48.73 $3,508 $38.99 6,000 $7,017 $26.14 $5,847 $21.78 $4,678 $17.43 12,000 $8,585 $7.70 $7,154 $6.42 $5,723 $5.14 30,000 $9,972 $12.91 $8,310 $10.76 $6,648 $8.61 60,000 $13,844 $23.07 $11,537 $19.23 $9,230 $15.38 CC 04-21-20 219 of 548 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 SCHEDULE D - TABLE 2 INSPECTION FEES ONLY S-2 Storage—Low Hazard 10,000 $11,431 $9.30 $9,526 $7.75 $7,621 $6.20 50,000 $15,152 $10.10 $12,627 $8.42 $10,101 $6.73 100,000 $20,203 $4.53 $16,836 $3.78 $13,468 $3.02 200,000 $24,734 $1.32 $20,612 $1.10 $16,490 $0.88 500,000 $28,694 $2.22 $23,912 $1.85 $19,130 $1.48 1,000,000 $39,812 $3.98 $33,177 $3.32 $26,542 $2.65 S S Occupancy Tenant Improvements 600 $4,696 $63.71 $3,914 $53.09 $3,131 $42.47 3,000 $6,225 $69.18 $5,188 $57.65 $4,150 $46.12 6,000 $8,301 $30.94 $6,917 $25.78 $5,534 $20.63 12,000 $10,157 $9.11 $8,464 $7.59 $6,771 $6.08 30,000 $11,798 $15.27 $9,831 $12.72 $7,865 $10.18 60,000 $16,378 $27.30 $13,648 $22.75 $10,919 $18.20 U Accessory—Private Garage / 999 Agricultural Building 2,000 $6,009 $116.85 $5,008 $97.38 $4,006 $77.90 4,000 $8,346 $208.65 $6,955 $173.88 $5,564 $139.10 Deferred Submittal - All Except R-3 1,000 $5,051 $41.10 $4,209 $34.25 $3,367 $27.40 5,000 $6,695 $44.62 $5,579 $37.18 $4,463 $29.75 10,000 $8,926 $19.97 $7,438 $16.64 $5,951 $13.31 20,000 $10,923 $5.87 $9,102 $4.89 $7,282 $3.92 50,000 $12,685 $9.87 $10,571 $8.22 $8,457 $6.58 100,000 $17,619 $17.62 $14,683 $14.68 $11,746 $11.75 Deferred Submittal - R-3 1,000 $5,317 $115.40 $4,431 $96.17 $3,544 $76.93 2,500 $7,048 $156.59 $5,873 $130.50 $4,698 $104.40 4,000 $9,397 $105.12 $7,830 $87.60 $6,264 $70.08 6,000 $11,499 $92.71 $9,582 $77.26 $7,666 $61.81 8,000 $13,353 $259.67 $11,128 $216.39 $8,902 $173.11 10,000 $18,547 $185.47 $15,455 $154.55 $12,364 $123.64 Standard Comm. Foundation 500 $6,515 $40.71 $5,429 $33.92 $4,343 $27.14 w/o Podium 2,500 $7,329 $32.57 $6,108 $27.14 $4,886 $21.71 5,000 $8,144 $24.46 $6,786 $20.38 $5,429 $16.31 10,000 $9,366 $3.63 $7,805 $3.02 $6,244 $2.42 25,000 $9,911 $5.97 $8,259 $4.98 $6,607 $3.98 50,000 $11,404 $22.81 $9,503 $19.01 $7,602 $15.20 Standard Comm. Foundation 3,000 $5,884 $15.96 $4,903 $13.30 $3,923 $10.64 with Podium 15,000 $7,799 $17.33 $6,499 $14.44 $5,199 $11.55 30,000 $10,399 $7.76 $8,666 $6.47 $6,932 $5.17 60,000 $12,726 $2.29 $10,605 $1.91 $8,484 $1.53 150,000 $14,790 $3.83 $12,325 $3.19 $9,860 $2.55 300,000 $20,533 $6.84 $17,111 $5.70 $13,689 $4.56 SEE MISCELLANEOUS FEE SCHEDULE CC 04-21-20 220 of 548 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 SCHEDULE D - TABLE 2 INSPECTION FEES ONLY SHELL BUILDINGS All Shell Buildings 500 $3,544 $57.69 $2,954 $48.08 $2,363 $38.46 2,500 $4,698 $62.67 $3,915 $52.22 $3,132 $41.78 5,000 $6,265 $28.02 $5,221 $23.35 $4,177 $18.68 10,000 $7,666 $8.24 $6,388 $6.87 $5,111 $5.50 25,000 $8,903 $13.86 $7,419 $11.55 $5,935 $9.24 50,000 $12,367 $24.73 $10,306 $20.61 $8,245 $16.49 *Each additional 100 square feet, or portion thereof, up to the next highest project size threshold. CC 04-21-20 221 of 548 FY2020-21 FEE DESCRIPTION UNIT Fee STAND ALONE M/E/P PERMIT FEES Travel and Documentation each $70 Permit Issuance each $53 MECHANICAL PERMIT FEE $69 Stand Alone Mechanical Plan Check (hourly rate)per hour $209 Other Mechanical Inspections (hourly rate)per hour $209 MECHANICAL UNIT FEES: Install/Relocate forced air or gravity-type furnace or burner (including attached ducts and vents) up to and including 100,000 Btu/h (each) up to and including 100,000 Btu/h each $209 over 100,000 Btu/h each $209 Install/Relocate floor furnace, including vent (each)each $104 Install or relocate suspended heater, recessed wall heater, or floor-mounted unit Residential each $104 Commercial each $209 Install, relocate or replace appliance vent installed and not included in an Residential each $104 Commercial each $209 Repair/Alter/Add heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evaporative cooling system, including installation of controls Residential each $104 Commercial each $209 Install or relocate boiler or compressor up to and including 3HP, or absorption system up to and including 100,000 Btu/h each $209 over 3HP and up to and including 15 HP, or absorption system over 100,000 Btu/h and up to and including 500,000 Btu/h each $209 over 15 HP and up to and including 30 HP, or absorption system over 500,000 Btu/h and up to and including 1,000,000 Btu/h each $262 over 30 HP and up to and including 50 HP, or absorption system over 1,000,000 Btu/h and up to and including 1,750,000 Btu/h each $262 over 50 HP, or absorption system over 1,750,000 Btu/h each $313 Schedule D - Table 3 Mechanical, Electrical & Plumbing Fees CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 CC 04-21-20 222 of 548 FY2020-21 FEE DESCRIPTION UNIT Fee Schedule D - Table 3 Mechanical, Electrical & Plumbing Fees CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 Air-handling unit, including attached ducts. (Note: this fee shall not apply to an air- handling unit that is a portion of a factory-assembled appliance, cooling unit, evaporative cooler, or absorption unit for which a permit is required elsewhere) Residential each $104 Commercial each $313 Air-handling unit over 10,000 CFM each $209 Ventilation fan connected to a single duct each $104 Ventilation system that is not a portion of any heating or air-conditioning system authorized by a permit each $156 Hood installation that is served by mechanical exhaust, including the ducts for such hood Residential each $104 Commercial each $313 Appliance or piece of equipment not classed in other appliance categories, or for which no other fee is listed each $156 $70 Electrical Plan Check per hour $209 Electrical Inspections per hour $209 ELECTRICAL UNIT FEES: Residential Whole-House Rewire (up to 2500 sq ft)each $418 Each Additional 1000 sq ft each 1,000 sf $209 Receptacle, switch, lighting, or other outlets at which current is used or controlled, except services, feeders, and meters First 20 first 20 $70 Each Additional each $6 Lighting fixtures, sockets, or other lamp-holding devices First 20 first 20 $104 Each Additional each $8 Pole or platform-mounted lighting fixtures each $23 Theatrical-type lighting fixtures or assemblies each $21 ELECTRICAL PERMIT FEE CC 04-21-20 223 of 548 FY2020-21 FEE DESCRIPTION UNIT Fee Schedule D - Table 3 Mechanical, Electrical & Plumbing Fees CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 Appliances Fixed residential appliances or receptacle outlets for same, including wall- mounted electric ovens; counter mounted cooking tops; electric ranges; self- contained room console or through-wall air conditioners; space heaters; food waste grinders; dishwashers; washing machines; water heaters; clothes dryers; or other motor-operated appliances not exceeding one horsepower (HP) in rating each $35 Residential appliances and self-contained factory-wired, nonresidential appliances not exceeding one horsepower (HP), kilowatt (kW), or kilovolt- ampere (kVA) in rating, including medical and dental devices; food, beverage, and ice cream cabinets; illuminated show cases; drinking fountains; vending machines; laundry machines; or other similar types of equipment each $70 Power Apparatus Motors, generators, transformers, rectifiers, synchronous converters, capacitors, industrial heating, air conditioners and heat pumps, cooking or baking equipment, and other apparatus. Rating in horsepower (HP), kilowatts (kW), or kilovolt-amperes (kVA), or kilovolt-amperes-reactive (kVAR)each $209 Busways Trolley and plug-in-type busways each 100 lf $104 Signs, Outline Lighting, and Marquees Supplied from one branch circuit each $70 Additional branch circuits within the same sign, outline lighting system, or marquee each $35 Services (including Temporary Power) 600 volts or less, up to 200 amperes in rating each $70 600 volts or less, 201 to 1000 amperes in rating each $104 Over 600 volts or over 1000 amperes in rating each $209 Electrical apparatus, conduits, and conductors for which a permit is required, but for which no fee is herein set forth each $209 CC 04-21-20 224 of 548 FY2020-21 FEE DESCRIPTION UNIT Fee Schedule D - Table 3 Mechanical, Electrical & Plumbing Fees CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 PLUMBING/GAS PERMIT FEES $70 Stand Alone Plumbing Plan Check per hour $209 Other Plumbing and Gas Inspections per hour $209 PLUMBING/GAS UNIT FEES: Residential Whole-House Re-Plumbing (up to 2500 sq ft)each $418 Each Additional 1000 sq ft each 1,000 sq ft $209 Plumbing fixture or trap or set of fixtures on one trap, including water, drainage piping, and backflow protection each $14 Building or trailer park sewer Residential each $53 Commercial each $104 Rainwater system inside building per drain $14 Private sewage disposal system each $209 Water Heater (Gas or Solar) and/or Vent Residential each $53 Commercial each $156 Industrial waste pretreatment interceptor, including its trap and vent, excepting kitchen-type grease interceptors functioning as fixture traps each $156 Install, alter or repair water piping and/or water treating equipment each $70 Repair/Alter drainage or vent piping each fixture $70 Lawn sprinkler system on any one meter, including backflow protection devices each $104 Backflow devices not included in other fee services (e.g., building/trailer park each $104 Atmospheric-type vacuum breakers not included in other fee services (e.g., building/trailer park sewer)each 5 $104 Gas piping system per outlet each 4 $104 Water Service each $53 Partial Re-pipe Residential per fixture $21 Commercial per fixture $13 CC 04-21-20 225 of 548 Work Item Unit FY 2020-21 Fee Standard Hourly Rate - Building per hour $209 Accessibility Hardship Exemption 1 hour $209 Acoustical Review Single Family Home/Duplex—New each $522 Single Family Home/Duplex—Addition/Alteration each $313 Multi-Family/Commercial each $522 Additions (Non Hillside R3 Occupancy) - Plan Check Fees Plan Check Fees up to 250 sf $419 Plan Check Fees 251-499 sf $834 Additions (Non Hillside R3 Occupancy) - Inspection Fees Inspection Fees up to 250 sf $1,043 Inspection Fees 251-499 sf $1,252 Accessory Dwelling Unit (Non Hillside ADU) - Plan Check Fees Plan Check Fees up to 500 sf $834 Plan Check Fees 500-1000 sf $1,667 Accessory Dwelling Unit (Non Hillside ADU) - Inspection Fees Inspection Fees up to 500 sf $1,252 Inspection Fees 500-1000 sf $2,082 Address Assignment per hour $209 Clerical Fee 1/2 hour $104 Alternate Materials and Methods of Construction 1 hour $209 Antenna—Telecom Facility Radio each $522 Cellular/Mobile Phone, free-standing each $1,148 Cellular/Mobile Phone, attached to building each $940 Arbor/Trellis each $419 Awning/Canopy (supported by building)each $419 Balcony Addition each $940 Batter Energy Storage System up to three (3)$209 Each Additional each $105 Carport each $730 Certifications Special Inspector Qualifications (initial review)each $419 Special Inspector Qualifications (renewal / update)each $209 Chimney (new)each $626 Chimney Repair each $419 Close Existing Openings Interior wall each $418 Exterior wall each $626 CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 Schedule D - Table 4 Miscellaneous Items CC 04-21-20 226 of 548 Work Item Unit FY 2020-21 Fee CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 Schedule D - Table 4 Miscellaneous Items Commercial Coach (per unit)each $940 Covered Porch each $730 Deck (wood)each $730 Deck Railing each $419 Deferred Submittal (2 hour minimum)based on work item Demolition Multi-Family and Commercial (up to 3,000 sf)each $522 Multi-Family and Commercial (each additional 3,000 sf)each 3,000 sf $209 Residential (R-3 Occ) (up to 3,000 sf)each $419 Residential (R-3 Occ) (each additional 3,000 sf)each 3,000 sf $209 Swimming Pool Residential each $419 Swimming Pool Multi-Family and Commercial (up to 3,000 sf)each $626 Swimming Pool Multi-Family and Commercial (each additional 3,000 sf)each 3,000 sf $209 Disabled Access Compliance Inspection per hour $209 Door New door (non structural)each $313 New door (structural shear wall/masonry)each $419 Duplicate / Replacement Job Card each $104 Electric Vehicle Charging Station each $209 Extensions Plan Check Applications (within 180 days of Submittal)1 hour $209 Permits (within 180 days of Issuance) Start construction, without plans 1/2 hour $104 Resume or complete construction, without plans 1/2 hour $104 Start construction, with plans 1 hour $209 Resume or complete construction, with plans 2 hours $418 Fence Non-masonry, over 7 feet in height up to 100 l.f.$419 Non-masonry, each additional 100 l.f.each 100 l.f.$104 Masonry, over 7 feet in height up to 100 l.f.$730 Masonry, each additional 100 l.f.each 100 l.f.$419 Fireplace Masonry each $730 Pre-Fabricated/Metal each $419 Flag pole (over 20 feet in height)each $419 Foundation Repair each $940 Garage / Agricultural Buildings Wood frame up to 1,000 sf each $1,356 Masonry up to 1,000 sf each $1,775 CC 04-21-20 227 of 548 Work Item Unit FY 2020-21 Fee CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 Schedule D - Table 4 Miscellaneous Items Green Building Deposit - Third Party Certification Process Single-Family Residential sf $2/sf, $1,000 max. $2/sf, $20,000 min; $40,000 max. $2/sf, $35,000 min; $75,000 max. Inspections Pre-Inspection Fee per hour $209 Standard Inspection Hourly Rate per hour $209 Progress Inspection per hour $209 Partial Inspection per hour $209 Courtesy Inspection - 2 hour minimum per hour $209/hr, $418 or 2 hr min. Cancelled inspection w/out advance notice 1 hour $209 Reinspection 1 hour $209 Outside of normal business hours (2 hour minimum)per hour $209/hr, $418 or 2 hr min. Inspection Supplemental Fee (Projects that require more inspections than average, the Building Official may charge additional inspection fees) First 1/2 hour minimum first 1/2 hour $104 Each Additional hour per hour $209 Life Safety Report each $1,252 Lighting pole each $522 each additional pole each $209 Modular Structures each $940 Modification of Technical Code 1 hour $209 Occupancy Certificate of Occupancy/Completion each $419 Temporary Occupancy Permit per six months $419 Partition—Commercial, Interior (up to 30 l.f.)up to 30 l.f.$626 Additional partition each 30 l.f.$209 Partition—Residential, Interior (up to 30 l.f.)up to 30 l.f.$419 Additional partition each 30 l.f.$104 Patio Cover / Gazebo Wood frame up to 300 sf $502 Metal frame up to 300 sf $502 Other frame up to 300 sf $702 Additional patio each 300 sf $301 Enclosed prefabricated Sun Room up to 300 sf $702 Additional Sun Rooms each 300 sf $401 sf sfMulti-Family Residential Non-Residential CC 04-21-20 228 of 548 Work Item Unit FY 2020-21 Fee CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 Schedule D - Table 4 Miscellaneous Items Photovoltaic System Residential each $367 Multi-Family Res/Commercial, up to 8 kilowatts up to 8 kW $522 Multi-Family Res/Commercial, each additional 1 kilowatt each 1 kW $53 Pile Foundation Cast in Place Concrete (first 10 piles)up to 10 $940 Additional Piles (increments of 10)each 10 $626 Driven (steel, pre-stressed concrete)up to 10 $940 Additional Piles (increments of 10)each 10 $626 Product Review per hour $209 Plan Review Standard Plan Review Hourly Rate per hour $209 Expedite Plan Review each 1.5 x PC Fee Overtime Plan Review (2 hour minimum) per hour $209/hr, $418 or 2 hr min. Pre-Submittal Plan Review (2 hour minimum)per hour $209/hr, $418 or 2 hr min. Plan Review Supplemental Fee (after 2nd review) First 1/2 hour minimum first 1/2 hour $104 Each Additional hour per hour $209 Pre-Construction Meeting each $418 Remodel—Residential Kitchen up to 300 sf $834 Bath up to 300 sf $834 Other Remodel up to 300 sf $626 Additional remodel each 300 sf $313 Other Remodel 1000 sf $1,983 Additional remodel each 300 sf $313 Other Remodel 2500 sf +$2,609 Additional remodel each 300 sf $313 Re-roof Residential (maximum $500 per building)each 100 sf $23 Multi-Family Dwelling (maximum $500 per building)each 100 sf $23 Commercial Commercial (first 5,000 sf)each $522 Commercial (each additional 2,500 sf)each 2,500 sf $209 Retaining Wall (concrete or masonry) Standard (up to 50 l.f.)up to 50 l.f.$940 Additional retaining wall each 50 l.f.$626 Special Design, 3-10' high (up to 50 l.f.)up to 50 l.f.$1,356 Additional retaining wall each 50 l.f.$834 Special Design, over 10' high (up to 50 l.f.)up to 50 l.f.$1,565 Additional retaining wall each 50 l.f.$1,043 CC 04-21-20 229 of 548 Work Item Unit FY 2020-21 Fee CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 Schedule D - Table 4 Miscellaneous Items Gravity/Crib Wall, 0-10' high (up to 50 l.f.)up to 50 l.f.$1,356 Additional Gravity/Crib Wall each 50 l.f.$834 Gravity/Crib Wall, over 10' high (up to 50 l.f.)up to 50 l.f.$1,565 Additional Gravity/Crib Wall each 50 l.f.$1,043 Revisions Commercial (New and Tenant Improvement)each $940 Single Family Dwelling (New and Additions)each $522 Remodel each $419 Sauna—steam each $730 Siding Stone and Brick Veneer (interior or exterior)up to 400 sf $522 All Other up to 400 sf $419 Additional siding each 400 sf $104 Signs Directional each $419 Each additional Directional Sign each $209 Ground/Roof/Projecting Signs each $419 Master Plan Sign Check each $419 Rework of any existing Ground Sign each $419 Other Sign each $419 Reinspection Fee each $104 Wall/Awning Sign, Non-Electric each $313 Wall/Awning Sign, Electric each $313 Shed over 120 square feet each $940 Skylight 50 sf or less (cumulative area)each $522 Greater than 50 sf or structural each $730 Stairs—First Flight first flight $419 Each additional flight per flight $209 Storage Racks 0-8' high (up to 100 l.f.) first 100 l.f.$522 each additional 100 l.f.each 100 l.f.$104 over 8' high (up to 100 l.f.) first 100 l.f.$522 each additional 100 l.f.each 100 l.f.$104 Stucco Applications up to 400 sf $419 Additional Stucco Application each 400 sf $104 CC 04-21-20 230 of 548 Work Item Unit FY 2020-21 Fee CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 Schedule D - Table 4 Miscellaneous Items Swimming Pool/Spa Vinyl-lined each $940 Fiberglass each $940 Gunite (up to 800 sf)each $1,356 Additional pool (over 800 sf)each 100 sf $313 Commercial pool (up to 800 sf)each $2,296 Additional pool (over 800 sf)each 100 sf $626 Spa or Hot Tub (Pre-fabricated)each $419 Temporary Structures each $626 Tenant Improvement Preparation each $419 Window or Sliding Glass Door Replacement (first 8 windows)first 8 $313 Replacement (each additional 8 windows)each 8 $104 New Window (non structural)each $262 New window (structural shear wall/masonry)each $366 Bay Window (structural) each $366 Refunds - Plan Check Fees 1st review not started (within 3 Business of Submittal)100% of Plan Review Fees Plan review more than 3 Business Days after the Date of Submittal No refund Refunds - Building Permit Fees No inspections and permit is active (not expired)80% of permit fees No inspections and permit is expired No refund Inspections were provided No refund Work without permit - based on current permit and plan check fees Double fees NOTE: Fees identified in this Table consist of 50% Plan Review Fee and 50% Inspection Fee Fee Adjustments: In instances where the strict application of fees from this schedule would constitute a substantial inequity to an applicant or to the City, the Chief Building Official shall be authorized to adjust such fees on a case-by-case basis. Any such adjustments shall be recorded in writing and entered into the appropriate files. CC 04-21-20 231 of 548 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * A-1 Assembly—Fixed Seating 1,000 $9,073 $59.68 $7,561 $49.74 $6,049 $39.79 Theater, Concert Hall 5,000 $11,460 $66.85 $9,550 $55.71 $7,640 $44.57 10,000 $14,803 $52.53 $12,335 $43.78 $9,868 $35.02 20,000 $20,056 $11.15 $16,713 $9.29 $13,371 $7.43 50,000 $23,400 $11.45 $19,500 $9.54 $15,600 $7.63 100,000 $29,125 $29.13 $24,271 $24.27 $19,417 $19.42 A-2 Assembly—Food & Drink 250 $6,133 $161.40 $5,111 $134.50 $4,088 $107.60 Restaurant, Night Club, Bar 1,250 $7,747 $180.74 $6,456 $150.62 $5,164 $120.50 2,500 $10,006 $142.01 $8,338 $118.34 $6,671 $94.67 5,000 $13,556 $30.13 $11,297 $25.11 $9,038 $20.09 12,500 $15,816 $30.98 $13,180 $25.82 $10,544 $20.65 25,000 $19,689 $78.76 $16,408 $65.63 $13,126 $52.50 A-3 Assembly—Worship, Amusement 1,000 $11,497 $75.64 $9,581 $63.03 $7,665 $50.43 Arcade, Church, Community Hall 5,000 $14,523 $84.71 $12,103 $70.59 $9,682 $56.47 10,000 $18,758 $66.58 $15,632 $55.48 $12,506 $44.39 20,000 $25,416 $14.10 $21,180 $11.75 $16,944 $9.40 50,000 $29,647 $14.53 $24,706 $12.11 $19,765 $9.68 100,000 $36,911 $36.91 $30,759 $30.76 $24,607 $24.61 A-4 Assembly—Indoor Sport Viewing 500 $7,002 $92.14 $5,835 $76.78 $4,668 $61.43 Arena, Skating Rink, Tennis Court 2,500 $8,845 $103.17 $7,371 $85.98 $5,897 $68.78 5,000 $11,424 $81.10 $9,520 $67.58 $7,616 $54.07 10,000 $15,479 $17.20 $12,899 $14.33 $10,320 $11.47 25,000 $18,060 $17.69 $15,050 $14.74 $12,040 $11.79 50,000 $22,481 $44.96 $18,734 $37.47 $14,987 $29.97 A-5 Assembly—Outdoor Activities 500 $7,409 $97.50 $6,174 $81.25 $4,939 $65.00 Amusement Park, Bleacher, Stadium 2,500 $9,359 $109.19 $7,799 $90.99 $6,239 $72.79 5,000 $12,089 $85.79 $10,074 $71.49 $8,059 $57.19 10,000 $16,378 $18.19 $13,648 $15.16 $10,919 $12.13 25,000 $19,107 $18.74 $15,922 $15.62 $12,738 $12.49 50,000 $23,792 $47.58 $19,827 $39.65 $15,861 $31.72 A A Occupancy Tenant Improvements 500 $4,664 $61.38 $3,887 $51.15 $3,110 $40.92 2,500 $5,892 $68.72 $4,910 $57.27 $3,928 $45.81 5,000 $7,610 $54.02 $6,342 $45.02 $5,073 $36.01 10,000 $10,311 $11.45 $8,592 $9.54 $6,874 $7.63 25,000 $12,028 $11.77 $10,024 $9.81 $8,019 $7.85 50,000 $14,972 $29.94 $12,477 $24.95 $9,981 $19.96 B Business—Bank 500 $6,325 $83.21 $5,271 $69.34 $4,216 $55.47 2,500 $7,989 $93.22 $6,657 $77.68 $5,326 $62.15 5,000 $10,319 $73.23 $8,600 $61.02 $6,880 $48.82 10,000 $13,981 $15.54 $11,651 $12.95 $9,321 $10.36 25,000 $16,311 $15.99 $13,593 $13.32 $10,874 $10.66 50,000 $20,308 $40.62 $16,924 $33.85 $13,539 $27.08 CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 SCHEDULE D - TABLE 1 PLAN CHECK FEES ONLY CC 04-21-20 232 of 548 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 SCHEDULE D - TABLE 1 PLAN CHECK FEES ONLY B Business—Laundromat 200 $5,432 $178.69 $4,527 $148.91 $3,622 $119.13 1,000 $6,862 $200.14 $5,718 $166.78 $4,575 $133.43 2,000 $8,863 $157.24 $7,386 $131.03 $5,909 $104.82 4,000 $12,008 $33.37 $10,007 $27.81 $8,005 $22.25 10,000 $14,011 $34.31 $11,675 $28.59 $9,340 $22.87 20,000 $17,441 $87.21 $14,534 $72.67 $11,627 $58.14 B Business—Clinic, Outpatient 500 $6,517 $85.73 $5,431 $71.44 $4,344 $57.16 2,500 $8,231 $96.06 $6,859 $80.05 $5,488 $64.04 5,000 $10,633 $75.43 $8,861 $62.86 $7,089 $50.29 10,000 $14,404 $16.00 $12,004 $13.33 $9,603 $10.66 25,000 $16,804 $16.48 $14,003 $13.73 $11,202 $10.98 50,000 $20,923 $41.85 $17,436 $34.87 $13,948 $27.90 B Business—Professional Office 1,000 $7,196 $70.26 $5,996 $58.55 $4,797 $46.84 5,000 $10,006 $60.44 $8,338 $50.37 $6,671 $40.29 10,000 $13,028 $42.73 $10,857 $35.61 $8,685 $28.49 20,000 $17,301 $10.09 $14,418 $8.41 $11,534 $6.73 50,000 $20,330 $10.84 $16,941 $9.04 $13,553 $7.23 100,000 $25,751 $25.75 $21,459 $21.46 $17,167 $17.17 B B Occupancy Tenant Improvements 300 $4,989 $109.40 $4,157 $91.17 $3,326 $72.93 1,500 $6,302 $122.53 $5,251 $102.11 $4,201 $81.69 3,000 $8,139 $96.27 $6,783 $80.22 $5,426 $64.18 6,000 $11,028 $20.41 $9,190 $17.01 $7,352 $13.61 15,000 $12,865 $21.01 $10,721 $17.51 $8,577 $14.00 30,000 $16,016 $53.39 $13,347 $44.49 $10,677 $35.59 E Educational— Preschool / School 100 $5,370 $353.31 $4,475 $294.42 $3,580 $235.54 500 $6,783 $395.67 $5,653 $329.72 $4,522 $263.78 1,000 $8,762 $310.92 $7,301 $259.10 $5,841 $207.28 2,000 $11,871 $65.96 $9,892 $54.97 $7,914 $43.97 5,000 $13,850 $67.81 $11,541 $56.51 $9,233 $45.21 10,000 $17,240 $172.40 $14,367 $143.67 $11,493 $114.93 E E Occupancy Tenant Improvements 100 $4,218 $277.51 $3,515 $231.26 $2,812 $185.01 500 $5,328 $310.83 $4,440 $259.03 $3,552 $207.22 1,000 $6,882 $244.21 $5,735 $203.51 $4,588 $162.81 2,000 $9,325 $51.80 $7,770 $43.17 $6,216 $34.53 5,000 $10,878 $53.28 $9,065 $44.40 $7,252 $35.52 10,000 $13,543 $135.43 $11,285 $112.85 $9,028 $90.28 F-1 Factory Industrial—Moderate Hazard 1,000 $6,590 $18.80 $5,491 $15.67 $4,393 $12.53 5,000 $7,342 $30.07 $6,118 $25.06 $4,894 $20.05 10,000 $8,845 $32.58 $7,371 $27.15 $5,897 $21.72 20,000 $12,103 $5.00 $10,086 $4.17 $8,069 $3.34 50,000 $13,604 $3.02 $11,337 $2.51 $9,069 $2.01 100,000 $15,112 $15.11 $12,593 $12.59 $10,074 $10.07 CC 04-21-20 233 of 548 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 SCHEDULE D - TABLE 1 PLAN CHECK FEES ONLY F-2 Factory Industrial—Low Hazard 1,000 $6,776 $44.59 $5,647 $37.16 $4,517 $29.73 5,000 $8,560 $49.93 $7,133 $41.61 $5,706 $33.29 10,000 $11,056 $39.24 $9,214 $32.70 $7,371 $26.16 20,000 $14,980 $8.30 $12,484 $6.92 $9,987 $5.53 50,000 $17,471 $8.56 $14,559 $7.13 $11,647 $5.70 100,000 $21,749 $21.75 $18,124 $18.12 $14,499 $14.50 F F Occupancy Tenant Improvements 1,000 $4,960 $32.64 $4,134 $27.20 $3,307 $21.76 5,000 $6,266 $36.54 $5,221 $30.45 $4,177 $24.36 10,000 $8,093 $28.72 $6,744 $23.93 $5,395 $19.14 20,000 $10,964 $6.09 $9,137 $5.07 $7,310 $4.06 50,000 $12,791 $6.27 $10,659 $5.22 $8,527 $4.18 100,000 $15,925 $15.92 $13,271 $13.27 $10,617 $10.62 H-1 High Hazard Group H-1 100 $5,029 $330.87 $4,191 $275.73 $3,353 $220.58 500 $6,353 $370.59 $5,294 $308.83 $4,235 $247.06 1,000 $8,206 $291.17 $6,838 $242.64 $5,471 $194.11 2,000 $11,118 $61.77 $9,265 $51.48 $7,412 $41.18 5,000 $12,971 $63.52 $10,809 $52.93 $8,647 $42.34 10,000 $16,147 $161.47 $13,455 $134.55 $10,764 $107.64 H-2 High Hazard Group H-2 100 $6,035 $397.05 $5,029 $330.87 $4,024 $264.70 500 $7,623 $444.71 $6,353 $370.59 $5,082 $296.47 1,000 $9,847 $349.40 $8,206 $291.17 $6,565 $232.93 2,000 $13,341 $74.13 $11,118 $61.77 $8,894 $49.42 5,000 $15,565 $76.22 $12,971 $63.52 $10,377 $50.81 10,000 $19,376 $193.76 $16,147 $161.47 $12,917 $129.17 H-3 High Hazard Group H-3 100 $6,584 $433.16 $5,487 $360.97 $4,389 $288.77 500 $8,317 $485.14 $6,931 $404.28 $5,545 $323.43 1,000 $10,743 $381.18 $8,952 $317.65 $7,162 $254.12 2,000 $14,554 $80.87 $12,129 $67.39 $9,703 $53.92 5,000 $16,981 $83.16 $14,150 $69.30 $11,320 $55.44 10,000 $21,139 $211.39 $17,616 $176.16 $14,092 $140.92 H-4 High Hazard Group H-4 100 $5,267 $346.53 $4,389 $288.77 $3,512 $231.02 500 $6,653 $388.11 $5,545 $323.43 $4,436 $258.74 1,000 $8,594 $304.94 $7,162 $254.12 $5,729 $203.30 2,000 $11,643 $64.70 $9,703 $53.92 $7,762 $43.13 5,000 $13,584 $66.53 $11,320 $55.44 $9,056 $44.35 10,000 $16,911 $169.11 $14,092 $140.92 $11,274 $112.74 H-5 High Hazard Group H-5 100 $5,267 $346.53 $4,389 $288.77 $3,512 $231.02 500 $6,653 $388.11 $5,545 $323.43 $4,436 $258.74 1,000 $8,594 $304.94 $7,162 $254.12 $5,729 $203.30 2,000 $11,643 $64.70 $9,703 $53.92 $7,762 $43.13 5,000 $13,584 $66.53 $11,320 $55.44 $9,056 $44.35 10,000 $16,911 $169.11 $14,092 $140.92 $11,274 $112.74 CC 04-21-20 234 of 548 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 SCHEDULE D - TABLE 1 PLAN CHECK FEES ONLY H H Occupancy Tenant Improvements 100 $3,885 $255.59 $3,238 $213.00 $2,590 $170.40 500 $4,907 $286.29 $4,090 $238.58 $3,272 $190.86 1,000 $6,339 $224.93 $5,282 $187.44 $4,226 $149.95 2,000 $8,588 $47.70 $7,157 $39.75 $5,726 $31.80 5,000 $10,019 $49.10 $8,349 $40.91 $6,679 $32.73 10,000 $12,474 $124.74 $10,395 $103.95 $8,316 $83.16 I-1 Institutional—7+ persons, ambulatory 500 $6,601 $86.86 $5,501 $72.39 $4,401 $57.91 2,500 $8,338 $97.26 $6,948 $81.05 $5,559 $64.84 5,000 $10,770 $76.44 $8,975 $63.70 $7,180 $50.96 10,000 $14,592 $16.20 $12,160 $13.50 $9,728 $10.80 25,000 $17,022 $16.69 $14,185 $13.91 $11,348 $11.12 50,000 $21,194 $42.39 $17,661 $35.32 $14,129 $28.26 I-2 Institutional—6+ persons, non-ambulatory 500 $7,996 $105.21 $6,663 $87.67 $5,330 $70.14 2,500 $10,100 $117.81 $8,416 $98.17 $6,733 $78.54 5,000 $13,045 $92.58 $10,871 $77.15 $8,697 $61.72 10,000 $17,674 $19.64 $14,728 $16.37 $11,783 $13.10 25,000 $20,621 $20.18 $17,184 $16.82 $13,747 $13.45 50,000 $25,666 $51.33 $21,388 $42.78 $17,111 $34.22 I-3 Institutional—6+ persons, restrained 500 $7,356 $96.79 $6,130 $80.66 $4,904 $64.53 2,500 $9,292 $108.40 $7,743 $90.34 $6,195 $72.27 5,000 $12,002 $85.19 $10,002 $70.99 $8,001 $56.80 10,000 $16,262 $18.05 $13,551 $15.04 $10,841 $12.03 25,000 $18,969 $18.57 $15,808 $15.48 $12,646 $12.38 50,000 $23,612 $47.22 $19,677 $39.35 $15,741 $31.48 I-4 Institutional—6+ persons, day care 500 $7,356 $96.79 $6,130 $80.66 $4,904 $64.53 2,500 $9,292 $108.40 $7,743 $90.34 $6,195 $72.27 5,000 $12,002 $85.19 $10,002 $70.99 $8,001 $56.80 10,000 $16,262 $18.05 $13,551 $15.04 $10,841 $12.03 25,000 $18,969 $18.57 $15,808 $15.48 $12,646 $12.38 50,000 $23,612 $47.22 $19,677 $39.35 $15,741 $31.48 I I Occupancy Tenant Improvements 100 $3,889 $255.87 $3,241 $213.23 $2,593 $170.58 500 $4,913 $286.58 $4,094 $238.82 $3,275 $191.05 1,000 $6,346 $225.17 $5,288 $187.64 $4,230 $150.11 2,000 $8,597 $47.76 $7,165 $39.80 $5,732 $31.84 5,000 $10,030 $49.15 $8,358 $40.96 $6,687 $32.76 10,000 $12,487 $124.87 $10,406 $104.06 $8,325 $83.25 M Mercantile 2,000 $10,356 $34.06 $8,630 $28.38 $6,904 $22.70 10,000 $13,081 $38.18 $10,901 $31.82 $8,721 $25.45 20,000 $16,899 $29.99 $14,083 $24.99 $11,266 $19.99 40,000 $22,896 $6.35 $19,080 $5.29 $15,264 $4.23 100,000 $26,704 $6.54 $22,253 $5.45 $17,803 $4.36 200,000 $33,247 $16.62 $27,706 $13.85 $22,165 $11.08 CC 04-21-20 235 of 548 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 SCHEDULE D - TABLE 1 PLAN CHECK FEES ONLY M M Occupancy Tenant Improvements 300 $4,602 $100.93 $3,835 $84.11 $3,068 $67.29 1,500 $5,813 $113.02 $4,844 $94.18 $3,876 $75.35 3,000 $7,509 $88.84 $6,257 $74.03 $5,006 $59.22 6,000 $10,174 $18.82 $8,478 $15.68 $6,782 $12.55 15,000 $11,867 $19.40 $9,890 $16.16 $7,912 $12.93 30,000 $14,777 $49.26 $12,314 $41.05 $9,851 $32.84 R-1 Residential—Hotels & Motels 3,000 $15,360 $6.73 $12,800 $5.61 $10,240 $4.49 15,000 $16,168 $21.56 $13,474 $17.96 $10,779 $14.37 30,000 $19,402 $2.71 $16,168 $2.26 $12,935 $1.81 60,000 $20,215 $3.59 $16,846 $2.99 $13,477 $2.39 150,000 $23,443 $0.55 $19,536 $0.46 $15,628 $0.37 300,000 $24,269 $8.09 $20,224 $6.74 $16,179 $5.39 R-2 Residential—Apartment Building 800 $13,946 $22.94 $11,622 $19.12 $9,298 $15.30 4,000 $14,681 $73.38 $12,234 $61.15 $9,787 $48.92 8,000 $17,616 $9.19 $14,680 $7.66 $11,744 $6.13 16,000 $18,351 $12.23 $15,292 $10.19 $12,234 $8.16 40,000 $21,287 $1.84 $17,739 $1.54 $14,191 $1.23 80,000 $22,024 $27.53 $18,353 $22.94 $14,683 $18.35 R-2 Residential—Apartment Building - 800 $198 $0.32 $165 $0.27 $132 $0.21 Repeat Unit 4,000 $209 $1.05 $174 $0.88 $139 $0.70 8,000 $251 $0.12 $209 $0.10 $167 $0.08 16,000 $260 $0.19 $217 $0.16 $173 $0.12 40,000 $305 $0.02 $254 $0.01 $203 $0.01 80,000 $312 $0.39 $260 $0.32 $208 $0.26 R-3 Dwellings—Custom Homes, Models, First 499 Master Plan 1,000 $6,988 $20.86 $5,824 $17.38 $4,659 $13.91 2,500 $7,301 $83.56 $6,084 $69.63 $4,867 $55.70 4,000 $8,555 $15.65 $7,129 $13.04 $5,703 $10.43 6,000 $8,868 $62.66 $7,390 $52.22 $5,912 $41.77 8,000 $10,121 $15.65 $8,434 $13.04 $6,747 $10.43 10,000 $10,434 $104.34 $8,695 $86.95 $6,956 $69.56 R-3 Dwellings—Production Phase 1,000 $2,714 $9.52 $2,262 $7.93 $1,809 $6.34 of Master Plan (repeats)2,500 $2,857 $38.09 $2,381 $31.74 $1,904 $25.39 4,000 $3,428 $7.18 $2,857 $5.98 $2,285 $4.79 6,000 $3,572 $28.53 $2,976 $23.77 $2,381 $19.02 8,000 $4,142 $7.20 $3,452 $6.00 $2,761 $4.80 10,000 $4,286 $42.86 $3,572 $35.72 $2,857 $28.57 R-3 Dwellings—Alternate Materials 1,000 $6,186 $21.71 $5,155 $18.09 $4,124 $14.47 2,500 $6,511 $86.80 $5,426 $72.34 $4,341 $57.87 4,000 $7,813 $16.31 $6,511 $13.59 $5,209 $10.87 6,000 $8,139 $65.10 $6,783 $54.25 $5,426 $43.40 8,000 $9,441 $16.26 $7,868 $13.55 $6,294 $10.84 10,000 $9,767 $97.67 $8,139 $81.39 $6,511 $65.11 SEE MISCELLANEOUS FEE SCHEDULE CC 04-21-20 236 of 548 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 SCHEDULE D - TABLE 1 PLAN CHECK FEES ONLY R-3 Dwellings—Hillside - Custom Homes 1,000 $8,169 $28.67 $6,808 $23.89 $5,446 $19.11 , Models First Master Plan 2,500 $8,599 $114.64 $7,166 $95.54 $5,733 $76.43 4,000 $10,319 $21.52 $8,599 $17.93 $6,879 $14.34 6,000 $10,749 $85.98 $8,958 $71.65 $7,166 $57.32 8,000 $12,469 $21.49 $10,391 $17.91 $8,313 $14.33 10,000 $12,899 $128.99 $10,749 $107.49 $8,599 $85.99 R-3 Dwellings—Hillside - Production Phase 1,000 $2,714 $9.52 $2,262 $7.93 $1,809 $6.34 of Master Plan (repeats)2,500 $2,857 $38.09 $2,381 $31.74 $1,904 $25.39 4,000 $3,428 $7.18 $2,857 $5.98 $2,285 $4.79 6,000 $3,572 $28.53 $2,976 $23.77 $2,381 $19.02 8,000 $4,142 $7.20 $3,452 $6.00 $2,761 $4.80 10,000 $4,286 $42.86 $3,572 $35.72 $2,857 $28.57 R-3 Dwellings—Hillside - Alternate Materials 1,000 $6,186 $21.71 $5,155 $18.09 $4,124 $14.47 2,500 $6,511 $86.80 $5,426 $72.34 $4,341 $57.87 4,000 $7,813 $16.31 $6,511 $13.59 $5,209 $10.87 6,000 $8,139 $65.10 $6,783 $54.25 $5,426 $43.40 8,000 $9,441 $16.26 $7,868 $13.55 $6,294 $10.84 10,000 $9,767 $97.67 $8,139 $81.39 $6,511 $65.11 R-3.1 Group Care 1,000 $11,554 $15.20 $9,628 $12.67 $7,703 $10.13 5,000 $12,162 $48.66 $10,135 $40.55 $8,108 $32.44 10,000 $14,595 $6.06 $12,163 $5.05 $9,730 $4.04 20,000 $15,201 $8.10 $12,667 $6.75 $10,134 $5.40 50,000 $17,630 $1.21 $14,691 $1.01 $11,753 $0.80 100,000 $18,233 $18.23 $15,194 $15.19 $12,155 $12.16 R-4 Group Care 100 $6,521 $85.80 $5,434 $71.50 $4,347 $57.20 500 $6,864 $274.58 $5,720 $228.81 $4,576 $183.05 1,000 $8,237 $34.31 $6,864 $28.59 $5,491 $22.87 2,000 $8,580 $45.77 $7,150 $38.14 $5,720 $30.51 5,000 $9,953 $6.86 $8,294 $5.72 $6,635 $4.57 10,000 $10,296 $102.96 $8,580 $85.80 $6,864 $68.64 R R Occupancy Tenant Improvements 80 $3,800 $62.50 $3,167 $52.08 $2,533 $41.67 400 $4,000 $200.01 $3,333 $166.68 $2,667 $133.34 800 $4,800 $25.01 $4,000 $20.84 $3,200 $16.67 1,600 $5,000 $33.33 $4,167 $27.77 $3,333 $22.22 4,000 $5,800 $5.02 $4,833 $4.18 $3,867 $3.35 8,000 $6,001 $75.01 $5,001 $62.51 $4,000 $50.01 S-1 Storage—Moderate Hazard 600 $5,317 $58.30 $4,431 $48.59 $3,545 $38.87 3,000 $6,716 $65.31 $5,597 $54.42 $4,478 $43.54 6,000 $8,676 $51.32 $7,230 $42.76 $5,784 $34.21 12,000 $11,755 $10.88 $9,796 $9.06 $7,836 $7.25 30,000 $13,712 $11.18 $11,427 $9.32 $9,142 $7.45 60,000 $17,067 $28.44 $14,222 $23.70 $11,378 $18.96 CC 04-21-20 237 of 548 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 SCHEDULE D - TABLE 1 PLAN CHECK FEES ONLY S-2 Storage—Low Hazard 10,000 $12,276 $8.06 $10,230 $6.72 $8,184 $5.38 50,000 $15,501 $9.06 $12,918 $7.55 $10,334 $6.04 100,000 $20,033 $7.12 $16,694 $5.93 $13,355 $4.74 200,000 $27,149 $1.50 $22,624 $1.25 $18,099 $1.00 500,000 $31,659 $1.55 $26,383 $1.29 $21,106 $1.03 1,000,000 $39,389 $3.94 $32,824 $3.28 $26,259 $2.63 S S Occupancy Tenant Improvements 600 $4,797 $52.59 $3,997 $43.82 $3,198 $35.06 3,000 $6,059 $58.93 $5,049 $49.11 $4,039 $39.29 6,000 $7,827 $46.29 $6,522 $38.58 $5,218 $30.86 12,000 $10,604 $9.80 $8,837 $8.17 $7,070 $6.54 30,000 $12,369 $10.10 $10,308 $8.42 $8,246 $6.73 60,000 $15,400 $25.67 $12,833 $21.39 $10,266 $17.11 U Accessory—Private Garage / 999 Agricultural Building 2,000 $3,379 $41.36 $2,815 $34.47 $2,252 $27.57 4,000 $4,206 $105.14 $3,505 $87.62 $2,804 $70.09 Deferred Submittal - All Except R-3 1,000 $1,023 $6.73 $853 $5.61 $682 $4.49 5,000 $1,293 $7.56 $1,077 $6.30 $862 $5.04 10,000 $1,671 $5.91 $1,392 $4.92 $1,114 $3.94 20,000 $2,262 $1.25 $1,885 $1.04 $1,508 $0.83 50,000 $2,637 $1.29 $2,197 $1.08 $1,758 $0.86 100,000 $3,282 $3.28 $2,735 $2.74 $2,188 $2.19 Deferred Submittal - R-3 1,000 $1,023 $17.96 $853 $14.96 $682 $11.97 2,500 $1,293 $25.12 $1,077 $20.93 $862 $16.74 4,000 $1,670 $29.67 $1,391 $24.72 $1,113 $19.78 6,000 $2,263 $18.83 $1,886 $15.69 $1,509 $12.55 8,000 $2,639 $32.36 $2,200 $26.97 $1,760 $21.57 10,000 $3,287 $32.87 $2,739 $27.39 $2,191 $21.91 Standard Comm. Foundation 500 $4,214 $11.08 $3,512 $9.23 $2,809 $7.39 w/o Podium 2,500 $4,435 $35.49 $3,696 $29.58 $2,957 $23.66 5,000 $5,323 $4.43 $4,436 $3.69 $3,549 $2.95 10,000 $5,544 $5.92 $4,620 $4.94 $3,696 $3.95 25,000 $6,432 $0.87 $5,360 $0.72 $4,288 $0.58 50,000 $6,649 $13.30 $5,541 $11.08 $4,433 $8.87 Standard Comm. Foundation 3,000 $307 $0.68 $256 $0.57 $205 $0.45 with Podium 15,000 $389 $0.76 $324 $0.64 $259 $0.51 30,000 $503 $0.59 $419 $0.49 $335 $0.40 60,000 $681 $0.12 $568 $0.10 $454 $0.08 150,000 $788 $0.12 $656 $0.10 $525 $0.08 300,000 $966 $0.32 $805 $0.27 $644 $0.21 SEE MISCELLANEOUS FEE SCHEDULE CC 04-21-20 238 of 548 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 SCHEDULE D - TABLE 1 PLAN CHECK FEES ONLY SHELL BUILDINGS All Shell Buildings 500 $4,088 $53.81 $3,407 $44.84 $2,726 $35.87 2,500 $5,165 $60.24 $4,304 $50.20 $3,443 $40.16 5,000 $6,671 $47.35 $5,559 $39.46 $4,447 $31.57 10,000 $9,038 $10.05 $7,532 $8.38 $6,025 $6.70 25,000 $10,546 $10.33 $8,788 $8.61 $7,031 $6.89 50,000 $13,130 $26.26 $10,941 $21.88 $8,753 $17.51 *Each additional 100 square feet, or portion thereof, up to the next highest project size threshold. CC 04-21-20 239 of 548 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * A-1 Assembly—Fixed Seating 1,000 $5,021 $40.86 $4,184 $34.05 $3,348 $27.24 Theater, Concert Hall 5,000 $6,656 $44.37 $5,547 $36.98 $4,437 $29.58 10,000 $8,874 $19.85 $7,395 $16.54 $5,916 $13.23 20,000 $10,859 $5.85 $9,050 $4.87 $7,240 $3.90 50,000 $12,614 $9.81 $10,512 $8.18 $8,410 $6.54 100,000 $17,520 $17.52 $14,600 $14.60 $11,680 $11.68 A-2 Assembly—Food & Drink 250 $4,430 $144.26 $3,692 $120.22 $2,954 $96.17 Restaurant, Night Club, Bar 1,250 $5,873 $156.60 $4,894 $130.50 $3,915 $104.40 2,500 $7,831 $70.07 $6,526 $58.39 $5,220 $46.72 5,000 $9,582 $20.61 $7,985 $17.18 $6,388 $13.74 12,500 $11,128 $34.60 $9,274 $28.84 $7,419 $23.07 25,000 $15,454 $61.81 $12,878 $51.51 $10,302 $41.21 A-3 Assembly—Worship, Amusement 1,000 $7,532 $61.30 $6,277 $51.08 $5,021 $40.86 Arcade, Church, Community Hall 5,000 $9,984 $66.56 $8,320 $55.47 $6,656 $44.37 10,000 $13,312 $29.77 $11,093 $24.81 $8,874 $19.85 20,000 $16,289 $8.77 $13,574 $7.31 $10,859 $5.85 50,000 $18,921 $14.72 $15,768 $12.26 $12,614 $9.81 100,000 $26,280 $26.28 $21,900 $21.90 $17,520 $17.52 A-4 Assembly—Indoor Sport Viewing 500 $4,360 $70.98 $3,633 $59.15 $2,906 $47.32 Arena, Skating Rink, Tennis Court 2,500 $5,779 $77.07 $4,816 $64.22 $3,853 $51.38 5,000 $7,706 $34.48 $6,421 $28.73 $5,137 $22.98 10,000 $9,430 $10.13 $7,858 $8.44 $6,286 $6.75 25,000 $10,948 $17.03 $9,124 $14.19 $7,299 $11.35 50,000 $15,205 $30.41 $12,671 $25.34 $10,137 $20.27 A-5 Assembly—Outdoor Activities 500 $4,785 $77.90 $3,987 $64.92 $3,190 $51.93 Amusement Park, Bleacher, Stadium 2,500 $6,343 $84.56 $5,286 $70.47 $4,229 $56.37 5,000 $8,457 $37.84 $7,047 $31.54 $5,638 $25.23 10,000 $10,349 $11.12 $8,624 $9.27 $6,899 $7.42 25,000 $12,018 $18.68 $10,015 $15.56 $8,012 $12.45 50,000 $16,687 $33.37 $13,906 $27.81 $11,125 $22.25 A A Occupancy Tenant Improvements 500 $4,785 $77.90 $3,987 $64.92 $3,190 $51.93 2,500 $6,343 $84.56 $5,286 $70.47 $4,229 $56.37 5,000 $8,457 $37.84 $7,047 $31.54 $5,638 $25.23 10,000 $10,349 $11.12 $8,624 $9.27 $6,899 $7.42 25,000 $12,018 $18.68 $10,015 $15.56 $8,012 $12.45 50,000 $16,687 $33.37 $13,906 $27.81 $11,125 $22.25 B Business—Bank 500 $4,962 $80.79 $4,135 $67.33 $3,308 $53.86 2,500 $6,578 $87.69 $5,482 $73.08 $4,385 $58.46 5,000 $8,770 $39.24 $7,309 $32.70 $5,847 $26.16 10,000 $10,732 $11.53 $8,944 $9.61 $7,155 $7.69 25,000 $12,463 $19.40 $10,385 $16.16 $8,308 $12.93 50,000 $17,312 $34.62 $14,427 $28.85 $11,541 $23.08 CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 SCHEDULE D - TABLE 2 INSPECTION FEES ONLY CC 04-21-20 240 of 548 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 SCHEDULE D - TABLE 2 INSPECTION FEES ONLY B Business—Laundromat 200 $4,431 $180.30 $3,692 $150.25 $2,954 $120.20 1,000 $5,873 $195.78 $4,894 $163.15 $3,915 $130.52 2,000 $7,831 $87.57 $6,526 $72.97 $5,220 $58.38 4,000 $9,582 $25.77 $7,985 $21.48 $6,388 $17.18 10,000 $11,128 $43.26 $9,274 $36.05 $7,419 $28.84 20,000 $15,455 $77.27 $12,879 $64.39 $10,303 $51.52 B Business—Clinic, Outpatient 500 $5,051 $82.21 $4,209 $68.51 $3,367 $54.81 2,500 $6,695 $89.28 $5,579 $74.40 $4,463 $59.52 5,000 $8,927 $39.92 $7,439 $33.27 $5,951 $26.61 10,000 $10,923 $11.75 $9,102 $9.79 $7,282 $7.83 25,000 $12,685 $19.74 $10,571 $16.45 $8,457 $13.16 50,000 $17,619 $35.24 $14,683 $29.37 $11,746 $23.49 B Business—Professional Office 1,000 $6,734 $54.82 $5,612 $45.68 $4,490 $36.54 5,000 $8,927 $59.53 $7,439 $49.61 $5,951 $39.69 10,000 $11,903 $26.62 $9,920 $22.18 $7,936 $17.75 20,000 $14,565 $7.81 $12,138 $6.51 $9,710 $5.21 50,000 $16,910 $13.15 $14,091 $10.96 $11,273 $8.77 100,000 $23,485 $23.48 $19,571 $19.57 $15,657 $15.66 B B Occupancy Tenant Improvements 300 $3,899 $105.78 $3,249 $88.15 $2,599 $70.52 1,500 $5,168 $114.86 $4,307 $95.72 $3,445 $76.58 3,000 $6,891 $51.40 $5,743 $42.83 $4,594 $34.26 6,000 $8,433 $15.11 $7,027 $12.59 $5,622 $10.08 15,000 $9,793 $25.39 $8,161 $21.16 $6,529 $16.93 30,000 $13,602 $45.34 $11,335 $37.78 $9,068 $30.23 E Educational— Preschool / School 100 $3,810 $310.13 $3,175 $258.44 $2,540 $206.75 500 $5,051 $336.73 $4,209 $280.61 $3,367 $224.49 1,000 $6,734 $150.63 $5,612 $125.53 $4,490 $100.42 2,000 $8,241 $44.30 $6,867 $36.92 $5,494 $29.53 5,000 $9,570 $74.42 $7,975 $62.01 $6,380 $49.61 10,000 $13,291 $132.91 $11,075 $110.75 $8,860 $88.60 E E Occupancy Tenant Improvements 100 $3,544 $288.49 $2,954 $240.41 $2,363 $192.33 500 $4,698 $313.23 $3,915 $261.02 $3,132 $208.82 1,000 $6,265 $140.15 $5,220 $116.79 $4,176 $93.43 2,000 $7,666 $41.22 $6,388 $34.35 $5,111 $27.48 5,000 $8,903 $69.25 $7,419 $57.71 $5,935 $46.17 10,000 $12,365 $123.65 $10,304 $103.04 $8,243 $82.43 F-1 Factory Industrial—Moderate Hazard 1,000 $5,638 $40.72 $4,698 $33.94 $3,759 $27.15 5,000 $7,267 $42.61 $6,056 $35.51 $4,845 $28.41 10,000 $9,397 $22.55 $7,831 $18.79 $6,265 $15.03 20,000 $11,652 $6.25 $9,710 $5.21 $7,768 $4.17 50,000 $13,528 $10.52 $11,273 $8.77 $9,018 $7.01 100,000 $18,788 $18.79 $15,657 $15.66 $12,525 $12.53 CC 04-21-20 241 of 548 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 SCHEDULE D - TABLE 2 INSPECTION FEES ONLY F-2 Factory Industrial—Low Hazard 1,000 $6,646 $54.10 $5,538 $45.08 $4,430 $36.06 5,000 $8,810 $58.74 $7,341 $48.95 $5,873 $39.16 10,000 $11,747 $26.28 $9,789 $21.90 $7,831 $17.52 20,000 $14,375 $7.71 $11,979 $6.42 $9,583 $5.14 50,000 $16,687 $13.00 $13,906 $10.84 $11,125 $8.67 100,000 $23,189 $23.19 $19,324 $19.32 $15,459 $15.46 F F Occupancy Tenant Improvements 1,000 $4,466 $36.36 $3,722 $30.30 $2,977 $24.24 5,000 $5,920 $39.46 $4,933 $32.88 $3,947 $26.30 10,000 $7,893 $17.67 $6,577 $14.72 $5,262 $11.78 20,000 $9,660 $5.18 $8,050 $4.32 $6,440 $3.46 50,000 $11,215 $8.74 $9,346 $7.28 $7,477 $5.83 100,000 $15,586 $15.59 $12,988 $12.99 $10,391 $10.39 H-1 High Hazard Group H-1 100 $3,190 $259.65 $2,658 $216.38 $2,127 $173.10 500 $4,229 $281.90 $3,524 $234.92 $2,819 $187.94 1,000 $5,638 $126.10 $4,698 $105.08 $3,759 $84.07 2,000 $6,899 $37.09 $5,749 $30.91 $4,599 $24.73 5,000 $8,012 $62.32 $6,677 $51.93 $5,341 $41.54 10,000 $11,128 $111.28 $9,273 $92.73 $7,418 $74.18 H-2 High Hazard Group H-2 100 $3,828 $311.58 $3,190 $259.65 $2,552 $207.72 500 $5,074 $338.29 $4,229 $281.90 $3,383 $225.52 1,000 $6,766 $151.32 $5,638 $126.10 $4,510 $100.88 2,000 $8,279 $44.51 $6,899 $37.09 $5,519 $29.67 5,000 $9,614 $74.78 $8,012 $62.32 $6,409 $49.85 10,000 $13,353 $133.53 $11,128 $111.28 $8,902 $89.02 H-3 High Hazard Group H-3 100 $4,785 $389.48 $3,987 $324.56 $3,190 $259.65 500 $6,343 $422.86 $5,286 $352.38 $4,229 $281.90 1,000 $8,457 $189.15 $7,048 $157.63 $5,638 $126.10 2,000 $10,349 $55.64 $8,624 $46.37 $6,899 $37.09 5,000 $12,018 $93.47 $10,015 $77.90 $8,012 $62.32 10,000 $16,691 $166.91 $13,910 $139.10 $11,128 $111.28 H-4 High Hazard Group H-4 100 $3,828 $311.58 $3,190 $259.65 $2,552 $207.72 500 $5,074 $338.29 $4,229 $281.90 $3,383 $225.52 1,000 $6,766 $151.32 $5,638 $126.10 $4,510 $100.88 2,000 $8,279 $44.51 $6,899 $37.09 $5,519 $29.67 5,000 $9,614 $74.78 $8,012 $62.32 $6,409 $49.85 10,000 $13,353 $133.53 $11,128 $111.28 $8,902 $89.02 H-5 High Hazard Group H-5 100 $3,828 $311.58 $3,190 $259.65 $2,552 $207.72 500 $5,074 $338.29 $4,229 $281.90 $3,383 $225.52 1,000 $6,766 $151.32 $5,638 $126.10 $4,510 $100.88 2,000 $8,279 $44.51 $6,899 $37.09 $5,519 $29.67 5,000 $9,614 $74.78 $8,012 $62.32 $6,409 $49.85 10,000 $13,353 $133.53 $11,128 $111.28 $8,902 $89.02 CC 04-21-20 242 of 548 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 SCHEDULE D - TABLE 2 INSPECTION FEES ONLY H H Occupancy Tenant Improvements 100 $3,048 $248.10 $2,540 $206.75 $2,032 $165.40 500 $4,041 $269.38 $3,367 $224.49 $2,694 $179.59 1,000 $5,388 $120.50 $4,490 $100.42 $3,592 $80.34 2,000 $6,593 $35.44 $5,494 $29.53 $4,395 $23.63 5,000 $7,656 $59.53 $6,380 $49.61 $5,104 $39.69 10,000 $10,632 $106.32 $8,860 $88.60 $7,088 $70.88 I-1 Institutional—7+ persons, 500 $4,253 $69.24 $3,544 $57.70 $2,836 $46.16 ambulatory 2,500 $5,638 $75.19 $4,698 $62.65 $3,759 $50.12 5,000 $7,518 $33.63 $6,265 $28.02 $5,012 $22.42 10,000 $9,199 $9.88 $7,666 $8.24 $6,133 $6.59 25,000 $10,682 $16.64 $8,901 $13.86 $7,121 $11.09 50,000 $14,841 $29.68 $12,367 $24.73 $9,894 $19.79 I-2 Institutional—6+ persons, 500 $5,317 $86.55 $4,431 $72.12 $3,544 $57.70 non-ambulatory 2,500 $7,048 $93.98 $5,873 $78.32 $4,698 $62.65 5,000 $9,397 $42.04 $7,831 $35.03 $6,265 $28.02 10,000 $11,499 $12.35 $9,582 $10.29 $7,666 $8.24 25,000 $13,352 $20.80 $11,127 $17.33 $8,901 $13.86 50,000 $18,551 $37.10 $15,459 $30.92 $12,367 $24.73 I-3 Institutional—6+ persons, restrained 500 $5,317 $86.55 $4,431 $72.12 $3,544 $57.70 2,500 $7,048 $93.98 $5,873 $78.32 $4,698 $62.65 5,000 $9,397 $42.04 $7,831 $35.03 $6,265 $28.02 10,000 $11,499 $12.35 $9,582 $10.29 $7,666 $8.24 25,000 $13,352 $20.80 $11,127 $17.33 $8,901 $13.86 50,000 $18,551 $37.10 $15,459 $30.92 $12,367 $24.73 I-4 Institutional—6+ persons, day care 500 $5,317 $86.55 $4,431 $72.12 $3,544 $57.70 2,500 $7,048 $93.98 $5,873 $78.32 $4,698 $62.65 5,000 $9,397 $42.04 $7,831 $35.03 $6,265 $28.02 10,000 $11,499 $12.35 $9,582 $10.29 $7,666 $8.24 25,000 $13,352 $20.80 $11,127 $17.33 $8,901 $13.86 50,000 $18,551 $37.10 $15,459 $30.92 $12,367 $24.73 I I Occupancy Tenant Improvements 100 $2,977 $242.34 $2,481 $201.95 $1,985 $161.56 500 $3,947 $263.10 $3,289 $219.25 $2,631 $175.40 1,000 $5,262 $117.73 $4,385 $98.10 $3,508 $78.48 2,000 $6,439 $34.62 $5,366 $28.85 $4,293 $23.08 5,000 $7,478 $58.18 $6,232 $48.48 $4,985 $38.78 10,000 $10,387 $103.87 $8,656 $86.56 $6,925 $69.25 M Mercantile 2,000 $7,532 $30.66 $6,276 $25.55 $5,021 $20.44 10,000 $9,985 $33.27 $8,321 $27.72 $6,657 $22.18 20,000 $13,312 $14.89 $11,093 $12.41 $8,874 $9.92 40,000 $16,289 $4.37 $13,574 $3.64 $10,859 $2.91 100,000 $18,911 $7.35 $15,759 $6.12 $12,607 $4.90 200,000 $26,259 $13.13 $21,883 $10.94 $17,506 $8.75 CC 04-21-20 243 of 548 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 SCHEDULE D - TABLE 2 INSPECTION FEES ONLY M M Occupancy Tenant Improvements 300 $4,431 $120.21 $3,692 $100.17 $2,954 $80.14 1,500 $5,873 $130.51 $4,894 $108.76 $3,915 $87.01 3,000 $7,831 $58.41 $6,526 $48.67 $5,220 $38.94 6,000 $9,583 $17.16 $7,986 $14.30 $6,389 $11.44 15,000 $11,127 $28.86 $9,273 $24.05 $7,418 $19.24 30,000 $15,457 $51.52 $12,881 $42.94 $10,305 $34.35 R-1 Residential—Hotels & Motels 3,000 $12,404 $12.92 $10,336 $10.77 $8,269 $8.62 15,000 $13,954 $10.36 $11,629 $8.63 $9,303 $6.90 30,000 $15,508 $7.73 $12,923 $6.44 $10,338 $5.15 60,000 $17,827 $1.16 $14,855 $0.96 $11,884 $0.77 150,000 $18,868 $1.91 $15,724 $1.59 $12,579 $1.27 300,000 $21,727 $7.24 $18,106 $6.04 $14,485 $4.83 R-2 Residential—Apartment Building 800 $9,773 $38.17 $8,144 $31.81 $6,515 $25.45 4,000 $10,994 $30.56 $9,162 $25.47 $7,329 $20.37 8,000 $12,216 $22.89 $10,180 $19.08 $8,144 $15.26 16,000 $14,048 $3.41 $11,706 $2.84 $9,365 $2.27 40,000 $14,866 $5.57 $12,388 $4.64 $9,911 $3.71 80,000 $17,094 $21.37 $14,245 $17.81 $11,396 $14.24 R-2 Residential—Apartment Building - 800 $7,818 $30.54 $6,515 $25.45 $5,212 $20.36 Repeat Unit 4,000 $8,795 $24.45 $7,329 $20.37 $5,864 $16.30 8,000 $9,773 $18.31 $8,144 $15.26 $6,515 $12.21 16,000 $11,238 $2.73 $9,365 $2.27 $7,492 $1.82 40,000 $11,893 $4.46 $9,911 $3.71 $7,929 $2.97 80,000 $13,675 $17.09 $11,396 $14.24 $9,117 $11.40 R-3 Dwellings—Custom Homes, Models,499 First Master Plan 1,000 $7,518 $62.63 $6,265 $52.19 $5,012 $41.75 2,500 $8,457 $62.64 $7,047 $52.20 $5,638 $41.76 4,000 $9,397 $70.50 $7,830 $58.75 $6,264 $47.00 6,000 $10,806 $31.28 $9,005 $26.07 $7,204 $20.85 8,000 $11,432 $86.15 $9,527 $71.79 $7,621 $57.43 10,000 $13,155 $131.55 $10,962 $109.62 $8,770 $87.70 R-3 Dwellings—Production Phase 1,000 $7,518 $62.63 $6,265 $52.19 $5,012 $41.75 of Master Plan (repeats)2,500 $8,457 $62.64 $7,047 $52.20 $5,638 $41.76 4,000 $9,397 $70.50 $7,830 $58.75 $6,264 $47.00 6,000 $10,806 $31.28 $9,005 $26.07 $7,204 $20.85 8,000 $11,432 $86.15 $9,527 $71.79 $7,621 $57.43 10,000 $13,155 $131.55 $10,962 $109.62 $8,770 $87.70 R-3 Dwellings—Alternate Materials 1,000 $7,518 $62.63 $6,265 $52.19 $5,012 $41.75 2,500 $8,457 $62.64 $7,047 $52.20 $5,638 $41.76 4,000 $9,397 $70.50 $7,830 $58.75 $6,264 $47.00 6,000 $10,806 $31.28 $9,005 $26.07 $7,204 $20.85 8,000 $11,432 $86.15 $9,527 $71.79 $7,621 $57.43 10,000 $13,155 $131.55 $10,962 $109.62 $8,770 $87.70 SEE MISCELLANEOUS FEE SCHEDULE CC 04-21-20 244 of 548 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 SCHEDULE D - TABLE 2 INSPECTION FEES ONLY R-3 Dwellings—Hillside - Custom Homes, 1,000 $7,768 $64.74 $6,473 $53.95 $5,179 $43.16 Models, First Master Plan 2,500 $8,739 $64.72 $7,283 $53.94 $5,826 $43.15 4,000 $9,710 $72.81 $8,092 $60.67 $6,473 $48.54 6,000 $11,166 $32.36 $9,305 $26.97 $7,444 $21.57 8,000 $11,813 $89.01 $9,844 $74.17 $7,875 $59.34 10,000 $13,593 $135.93 $11,328 $113.28 $9,062 $90.62 R-3 Dwellings—Hillside - Production 1,000 $7,768 $64.74 $6,473 $53.95 $5,179 $43.16 Phase of Master Plan (repeats)2,500 $8,739 $64.72 $7,283 $53.94 $5,826 $43.15 4,000 $9,710 $72.81 $8,092 $60.67 $6,473 $48.54 6,000 $11,166 $32.36 $9,305 $26.97 $7,444 $21.57 8,000 $11,813 $89.01 $9,844 $74.17 $7,875 $59.34 10,000 $13,593 $135.93 $11,328 $113.28 $9,062 $90.62 R-3 Dwellings—Hillside - Alternate 1,000 $7,768 $64.74 $6,473 $53.95 $5,179 $43.16 Materials 2,500 $8,739 $64.72 $7,283 $53.94 $5,826 $43.15 4,000 $9,710 $72.81 $8,092 $60.67 $6,473 $48.54 6,000 $11,166 $32.36 $9,305 $26.97 $7,444 $21.57 8,000 $11,813 $89.01 $9,844 $74.17 $7,875 $59.34 10,000 $13,593 $135.93 $11,328 $113.28 $9,062 $90.62 R-3.1 Group Care 1,000 $10,023 $31.34 $8,353 $26.11 $6,682 $20.89 5,000 $11,277 $25.03 $9,397 $20.86 $7,518 $16.69 10,000 $12,528 $18.80 $10,440 $15.67 $8,352 $12.54 20,000 $14,409 $2.80 $12,007 $2.33 $9,606 $1.86 50,000 $15,247 $4.57 $12,706 $3.81 $10,165 $3.05 100,000 $17,534 $17.53 $14,612 $14.61 $11,690 $11.69 R-4 Group Care 100 $6,265 $195.77 $5,220 $163.14 $4,176 $130.51 500 $7,048 $156.62 $5,873 $130.52 $4,698 $104.42 1,000 $7,831 $117.45 $6,526 $97.87 $5,220 $78.30 2,000 $9,005 $17.41 $7,504 $14.51 $6,003 $11.60 5,000 $9,527 $28.72 $7,940 $23.93 $6,352 $19.14 10,000 $10,963 $109.63 $9,136 $91.36 $7,309 $73.09 R R Occupancy Tenant Improvements 80 $5,513 $215.35 $4,594 $179.46 $3,675 $143.56 400 $6,202 $172.25 $5,168 $143.54 $4,135 $114.83 800 $6,891 $129.20 $5,742 $107.67 $4,594 $86.13 1,600 $7,925 $19.16 $6,604 $15.96 $5,283 $12.77 4,000 $8,384 $31.60 $6,987 $26.33 $5,590 $21.06 8,000 $9,648 $120.60 $8,040 $100.50 $6,432 $80.40 S-1 Storage—Moderate Hazard 600 $3,970 $53.86 $3,308 $44.88 $2,647 $35.90 3,000 $5,262 $58.48 $4,385 $48.73 $3,508 $38.99 6,000 $7,017 $26.14 $5,847 $21.78 $4,678 $17.43 12,000 $8,585 $7.70 $7,154 $6.42 $5,723 $5.14 30,000 $9,972 $12.91 $8,310 $10.76 $6,648 $8.61 60,000 $13,844 $23.07 $11,537 $19.23 $9,230 $15.38 CC 04-21-20 245 of 548 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 SCHEDULE D - TABLE 2 INSPECTION FEES ONLY S-2 Storage—Low Hazard 10,000 $11,431 $9.30 $9,526 $7.75 $7,621 $6.20 50,000 $15,152 $10.10 $12,627 $8.42 $10,101 $6.73 100,000 $20,203 $4.53 $16,836 $3.78 $13,468 $3.02 200,000 $24,734 $1.32 $20,612 $1.10 $16,490 $0.88 500,000 $28,694 $2.22 $23,912 $1.85 $19,130 $1.48 1,000,000 $39,812 $3.98 $33,177 $3.32 $26,542 $2.65 S S Occupancy Tenant Improvements 600 $4,696 $63.71 $3,914 $53.09 $3,131 $42.47 3,000 $6,225 $69.18 $5,188 $57.65 $4,150 $46.12 6,000 $8,301 $30.94 $6,917 $25.78 $5,534 $20.63 12,000 $10,157 $9.11 $8,464 $7.59 $6,771 $6.08 30,000 $11,798 $15.27 $9,831 $12.72 $7,865 $10.18 60,000 $16,378 $27.30 $13,648 $22.75 $10,919 $18.20 U Accessory—Private Garage / 999 Agricultural Building 2,000 $6,009 $116.85 $5,008 $97.38 $4,006 $77.90 4,000 $8,346 $208.65 $6,955 $173.88 $5,564 $139.10 Deferred Submittal - All Except R-3 1,000 $5,051 $41.10 $4,209 $34.25 $3,367 $27.40 5,000 $6,695 $44.62 $5,579 $37.18 $4,463 $29.75 10,000 $8,926 $19.97 $7,438 $16.64 $5,951 $13.31 20,000 $10,923 $5.87 $9,102 $4.89 $7,282 $3.92 50,000 $12,685 $9.87 $10,571 $8.22 $8,457 $6.58 100,000 $17,619 $17.62 $14,683 $14.68 $11,746 $11.75 Deferred Submittal - R-3 1,000 $5,317 $115.40 $4,431 $96.17 $3,544 $76.93 2,500 $7,048 $156.59 $5,873 $130.50 $4,698 $104.40 4,000 $9,397 $105.12 $7,830 $87.60 $6,264 $70.08 6,000 $11,499 $92.71 $9,582 $77.26 $7,666 $61.81 8,000 $13,353 $259.67 $11,128 $216.39 $8,902 $173.11 10,000 $18,547 $185.47 $15,455 $154.55 $12,364 $123.64 Standard Comm. Foundation 500 $6,515 $40.71 $5,429 $33.92 $4,343 $27.14 w/o Podium 2,500 $7,329 $32.57 $6,108 $27.14 $4,886 $21.71 5,000 $8,144 $24.46 $6,786 $20.38 $5,429 $16.31 10,000 $9,366 $3.63 $7,805 $3.02 $6,244 $2.42 25,000 $9,911 $5.97 $8,259 $4.98 $6,607 $3.98 50,000 $11,404 $22.81 $9,503 $19.01 $7,602 $15.20 Standard Comm. Foundation 3,000 $5,884 $15.96 $4,903 $13.30 $3,923 $10.64 with Podium 15,000 $7,799 $17.33 $6,499 $14.44 $5,199 $11.55 30,000 $10,399 $7.76 $8,666 $6.47 $6,932 $5.17 60,000 $12,726 $2.29 $10,605 $1.91 $8,484 $1.53 150,000 $14,790 $3.83 $12,325 $3.19 $9,860 $2.55 300,000 $20,533 $6.84 $17,111 $5.70 $13,689 $4.56 SEE MISCELLANEOUS FEE SCHEDULE CC 04-21-20 246 of 548 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 SCHEDULE D - TABLE 2 INSPECTION FEES ONLY SHELL BUILDINGS All Shell Buildings 500 $3,544 $57.69 $2,954 $48.08 $2,363 $38.46 2,500 $4,698 $62.67 $3,915 $52.22 $3,132 $41.78 5,000 $6,265 $28.02 $5,221 $23.35 $4,177 $18.68 10,000 $7,666 $8.24 $6,388 $6.87 $5,111 $5.50 25,000 $8,903 $13.86 $7,419 $11.55 $5,935 $9.24 50,000 $12,367 $24.73 $10,306 $20.61 $8,245 $16.49 *Each additional 100 square feet, or portion thereof, up to the next highest project size threshold. CC 04-21-20 247 of 548 FY2020-21 FEE DESCRIPTION UNIT Fee STAND ALONE M/E/P PERMIT FEES Travel and Documentation each $70 Permit Issuance each $53 MECHANICAL PERMIT FEE $69 Stand Alone Mechanical Plan Check (hourly rate)per hour $209 Other Mechanical Inspections (hourly rate)per hour $209 MECHANICAL UNIT FEES: Install/Relocate forced air or gravity-type furnace or burner (including attached ducts and vents) up to and including 100,000 Btu/h (each) up to and including 100,000 Btu/h each $209 over 100,000 Btu/h each $209 Install/Relocate floor furnace, including vent (each)each $104 Install or relocate suspended heater, recessed wall heater, or floor-mounted unit Residential each $104 Commercial each $209 Install, relocate or replace appliance vent installed and not included in an Residential each $104 Commercial each $209 Repair/Alter/Add heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evaporative cooling system, including installation of controls Residential each $104 Commercial each $209 Install or relocate boiler or compressor up to and including 3HP, or absorption system up to and including 100,000 Btu/h each $209 over 3HP and up to and including 15 HP, or absorption system over 100,000 Btu/h and up to and including 500,000 Btu/h each $209 over 15 HP and up to and including 30 HP, or absorption system over 500,000 Btu/h and up to and including 1,000,000 Btu/h each $262 over 30 HP and up to and including 50 HP, or absorption system over 1,000,000 Btu/h and up to and including 1,750,000 Btu/h each $262 over 50 HP, or absorption system over 1,750,000 Btu/h each $313 CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 Schedule D - Table 3 Mechanical, Electrical & Plumbing Fees CC 04-21-20 248 of 548 FY2020-21 FEE DESCRIPTION UNIT Fee CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 Schedule D - Table 3 Mechanical, Electrical & Plumbing Fees Air-handling unit, including attached ducts. (Note: this fee shall not apply to an air- handling unit that is a portion of a factory-assembled appliance, cooling unit, evaporative cooler, or absorption unit for which a permit is required elsewhere) Residential each $104 Commercial each $313 Air-handling unit over 10,000 CFM each $209 Ventilation fan connected to a single duct each $104 Ventilation system that is not a portion of any heating or air-conditioning system authorized by a permit each $156 Hood installation that is served by mechanical exhaust, including the ducts for such hood Residential each $104 Commercial each $313 Appliance or piece of equipment not classed in other appliance categories, or for which no other fee is listed each $156 $70 Electrical Plan Check per hour $209 Electrical Inspections per hour $209 ELECTRICAL UNIT FEES: Residential Whole-House Rewire (up to 2500 sq ft)each $418 Each Additional 1000 sq ft each 1,000 sf $209 Receptacle, switch, lighting, or other outlets at which current is used or controlled, except services, feeders, and meters First 20 first 20 $70 Each Additional each $6 Lighting fixtures, sockets, or other lamp-holding devices First 20 first 20 $104 Each Additional each $8 Pole or platform-mounted lighting fixtures each $23 Theatrical-type lighting fixtures or assemblies each $21 ELECTRICAL PERMIT FEE CC 04-21-20 249 of 548 FY2020-21 FEE DESCRIPTION UNIT Fee CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 Schedule D - Table 3 Mechanical, Electrical & Plumbing Fees Appliances Fixed residential appliances or receptacle outlets for same, including wall- mounted electric ovens; counter mounted cooking tops; electric ranges; self- contained room console or through-wall air conditioners; space heaters; food waste grinders; dishwashers; washing machines; water heaters; clothes dryers; or other motor-operated appliances not exceeding one horsepower (HP) in rating each $35 Residential appliances and self-contained factory-wired, nonresidential appliances not exceeding one horsepower (HP), kilowatt (kW), or kilovolt- ampere (kVA) in rating, including medical and dental devices; food, beverage, and ice cream cabinets; illuminated show cases; drinking fountains; vending machines; laundry machines; or other similar types of equipment each $70 Power Apparatus Motors, generators, transformers, rectifiers, synchronous converters, capacitors, industrial heating, air conditioners and heat pumps, cooking or baking equipment, and other apparatus. Rating in horsepower (HP), kilowatts (kW), or kilovolt-amperes (kVA), or kilovolt-amperes-reactive (kVAR)each $209 Busways Trolley and plug-in-type busways each 100 lf $104 Signs, Outline Lighting, and Marquees Supplied from one branch circuit each $70 Additional branch circuits within the same sign, outline lighting system, or marquee each $35 Services (including Temporary Power) 600 volts or less, up to 200 amperes in rating each $70 600 volts or less, 201 to 1000 amperes in rating each $104 Over 600 volts or over 1000 amperes in rating each $209 Electrical apparatus, conduits, and conductors for which a permit is required, but for which no fee is herein set forth each $209 CC 04-21-20 250 of 548 FY2020-21 FEE DESCRIPTION UNIT Fee CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 Schedule D - Table 3 Mechanical, Electrical & Plumbing Fees PLUMBING/GAS PERMIT FEES $70 Stand Alone Plumbing Plan Check per hour $209 Other Plumbing and Gas Inspections per hour $209 PLUMBING/GAS UNIT FEES: Residential Whole-House Re-Plumbing (up to 2500 sq ft)each $418 Each Additional 1000 sq ft each 1,000 sf $209 Plumbing fixture or trap or set of fixtures on one trap, including water, drainage piping, and backflow protection each $14 Building or trailer park sewer Residential each $53 Commercial each $104 Rainwater system inside building per drain $14 Private sewage disposal system each $209 Water Heater (Gas or Solar) and/or Vent Residential each $53 Commercial each $156 Industrial waste pretreatment interceptor, including its trap and vent, excepting kitchen-type grease interceptors functioning as fixture traps each $156 Install, alter or repair water piping and/or water treating equipment each $70 Repair/Alter drainage or vent piping each fixture $70 Lawn sprinkler system on any one meter, including backflow protection devices each $104 Backflow devices not included in other fee services (e.g., building/trailer park each $104 Atmospheric-type vacuum breakers not included in other fee services (e.g., building/trailer park sewer)each 5 $104 Gas piping system per outlet each 4 $104 Water Service each $53 Partial Re-pipe Residential per fixture $21 Commercial per fixture $13 CC 04-21-20 251 of 548 Work Item Unit FY 2019-20 Fee Change FY 2020-21 Fee Standard Hourly Rate - Building per hour $178 $31 $209 Accessibility Hardship Exemption 1 hour $178 $31 $209 Acoustical Review Single Family Home/Duplex—New each $445 $77 $522 Single Family Home/Duplex—Addition/Alteration each $267 $46 $313 Multi-Family/Commercial each $445 $77 $522 Additions (Non Hillside R3 Occupancy) - Plan Check Fees Plan Check Fees up to 250 sf $357 $62 $419 Plan Check Fees 251-499 sf $711 $123 $834 Additions (Non Hillside R3 Occupancy) - Inspection Fees Inspection Fees up to 250 sf $889 $154 $1,043 Inspection Fees 251-499 sf $1,067 $185 $1,252 Accessory Dwelling Unit (Non Hillside ADU) - Plan Check Fees Plan Check Fees up to 500 sf $711 $123 $834 Plan Check Fees 500-1000 sf $1,421 $246 $1,667 Accessory Dwelling Unit (Non Hillside ADU) - Inspection Fees Inspection Fees up to 500 sf $1,067 $185 $1,252 Inspection Fees 500-1000 sf $1,775 $307 $2,082 Address Assignment per hour $178 $31 $209 Clerical Fee 1/2 hour $89 $15 $104 Alternate Materials and Methods of Construction 1 hour $178 $31 $209 Antenna—Telecom Facility Radio each $445 $77 $522 Cellular/Mobile Phone, free-standing each $979 $169 $1,148 Cellular/Mobile Phone, attached to building each $801 $139 $940 Arbor/Trellis each $357 $62 $419 Awning/Canopy (supported by building)each $357 $62 $419 Balcony Addition each $801 $139 $940 Battery Energy Storage System up to three (3)$209 $209 Each Additional each $105 $105 Carport each $622 $108 $730 Certifications Field Evaluation Certification each $357 Special Inspector Qualifications (initial review)each $357 $62 $419 Special Inspector Qualifications (renewal / update)each $178 $31 $209 Special Inspector Certification Application each $6,051 Materials Testing Lab Certification each $3,738 Chimney (new)each $534 $92 $626 Chimney Repair each $357 $62 $419 Close Existing Openings Interior wall each $356 $62 $418 Exterior wall each $534 $92 $626 CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 Schedule D - Table 4 Miscellaneous Items CC 04-21-20 252 of 548 Work Item Unit FY 2019-20 Fee Change FY 2020-21 Fee CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 Schedule D - Table 4 Miscellaneous Items Commercial Coach (per unit)each $801 $139 $940 Covered Porch each $622 $108 $730 Deck (wood)each $622 $108 $730 Deck Railing each $357 $62 $419 Deferred Submittal (2 hour minimum)based on work item based on work item Demolition Multi-Family and Commercial (up to 3,000 sf)each $445 $77 $522 Multi-Family and Commercial (each additional 3,000 sf)each 3,000 sf $178 $31 $209 Residential (R-3 Occ) (up to 3,000 sf)each $357 $62 $419 Residential (R-3 Occ) (each additional 3,000 sf)each 3,000 sf $178 $31 $209 Swimming Pool Residential each $357 $62 $419 Swimming Pool Multi-Family and Commercial (up to 3,000 sf)each $534 $92 $626 Swimming Pool Multi-Family and Commercial (each additional 3,000 sf)each 3,000 sf $178 $31 $209 Disabled Access Compliance Inspection per hour $178 $31 $209 Door New door (non structural)each $267 $46 $313 New door (structural shear wall/masonry)each $357 $62 $419 Duplicate / Replacement Job Card each $89 $15 $104 Electric Vehicle Charging Station each $178 $31 $209 Extensions Plan Check Applications (within 180 days of Submittal)1 hour $178 $31 $209 Permits (within 180 days of Issuance) Start construction, without plans 1/2 hour $89 $15 $104 Resume or complete construction, without plans 1/2 hour $89 $15 $104 Start construction, with plans 1 hour $178 $31 $209 Resume or complete construction, with plans 2 hours $356 $62 $418 Fence Non-masonry, over 7 feet in height up to 100 l.f.$357 $62 $419 Non-masonry, each additional 100 l.f.each 100 l.f.$89 $15 $104 Masonry, over 7 feet in height up to 100 l.f.$622 $108 $730 Masonry, each additional 100 l.f.each 100 l.f.$357 $62 $419 Fireplace Masonry each $622 $108 $730 Pre-Fabricated/Metal each $357 $62 $419 Flag pole (over 20 feet in height)each $357 $62 $419 Foundation Repair each $801 $139 $940 Garage / Agricultural Buildings Wood frame up to 1,000 sf each $1,156 $200 $1,356 Masonry up to 1,000 sf each $1,513 $262 $1,775 CC 04-21-20 253 of 548 Work Item Unit FY 2019-20 Fee Change FY 2020-21 Fee CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 Schedule D - Table 4 Miscellaneous Items Green Building Deposit - Third Party Certification Process Single-Family Residential sf $2/sf, $1,000 max.$2/sf, $1,000 max. $2/sf, $20,000 min; $2/sf, $20,000 min; $40,000 max.$40,000 max. $2/sf, $35,000 min;$2/sf, $35,000 min; $75,000 max.$75,000 max. Inspections Pre-Inspection Fee per hour $178 $31 $209 Standard Inspection Hourly Rate per hour $178 $31 $209 Progress Inspection per hour $178 $31 $209 Partial Inspection per hour $178 $31 $209 Courtesy Inspection - 2 hour minimum per hour $178/hr, $356 or 2 hr min.$31/$62 $209/hr, $418 or 2 hr min. Cancelled inspection w/out advance notice 1 hour $178 $31 $209 Reinspection 1 hour $178 $31 $209 Outside of normal business hours (2 hour minimum)per hour $178/hr, $356 or 2 hr min.$31/$62 $209/hr, $418 or 2 hr min. Inspection Supplemental Fee (Projects that require more inspections than average, the Building Official may charge additional inspection fees) First 1/2 hour minimum first 1/2 hour $89 $15 $104 Each Additional hour per hour $178 $31 $209 Life Safety Report each $1,067 $185 $1,252 Lighting pole each $445 $77 $522 each additional pole each $178 $31 $209 Modular Structures each $801 $139 $940 Modification of Technical Code 1 hour $178 $31 $209 Occupancy Certificate of Occupancy/Completion each $357 $62 $419 Temporary Occupancy Permit per six months $357 $62 $419 Partition—Commercial, Interior (up to 30 l.f.)up to 30 l.f.$534 $92 $626 Additional partition each 30 l.f.$178 $31 $209 Partition—Residential, Interior (up to 30 l.f.)up to 30 l.f.$357 $62 $419 Additional partition each 30 l.f.$89 $15 $104 Patio Cover / Gazebo Wood frame up to 300 sf $428 $74 $502 Metal frame up to 300 sf $428 $74 $502 Other frame up to 300 sf $598 $104 $702 Additional patio each 300 sf $257 $44 $301 Enclosed prefabricated Sun Room up to 300 sf $598 $104 $702 Additional Sun Rooms each 300 sf $342 $59 $401 Non-Residential sf Multi-Family Residential sf CC 04-21-20 254 of 548 Work Item Unit FY 2019-20 Fee Change FY 2020-21 Fee CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 Schedule D - Table 4 Miscellaneous Items Photovoltaic System Residential each $313 $54 $367 Multi-Family Res/Commercial, up to 8 kilowatts up to 8 kW $445 $77 $522 Multi-Family Res/Commercial, each additional 1 kilowatt each 1 kW $45 $8 $53 Pile Foundation Cast in Place Concrete (first 10 piles)up to 10 $801 $139 $940 Additional Piles (increments of 10)each 10 $534 $92 $626 Driven (steel, pre-stressed concrete)up to 10 $801 $139 $940 Additional Piles (increments of 10)each 10 $534 $92 $626 Product Review per hour $178 $31 $209 Plan Review Standard Plan Review Hourly Rate per hour $178 $31 $209 Expedite Plan Review each 1.5 x PC Fee Overtime Plan Review (2 hour minimum) per hour $209/hr, $418 or 2 hr min.$31/$62 $209/hr, $418 or 2 hr min. Pre-Submittal Plan Review (2 hour minimum)per hour $209/hr, $418 or 2 hr min.$31/$62 $209/hr, $418 or 2 hr min. Plan Review Supplemental Fee (after 2nd review) First 1/2 hour minimum first 1/2 hour $89 $15 $104 Each Additional hour per hour $178 $31 $209 Pre-Construction Meeting each $418 $418 Remodel—Residential Kitchen up to 300 sf $711 $123 $834 Bath up to 300 sf $711 $123 $834 Other Remodel up to 300 sf $534 $92 $626 Additional remodel each 300 sf $267 $46 $313 Other Remodel 1000 sf $1,690 $293 $1,983 Additional remodel each 300 sf $267 $46 $313 Other Remodel 2500 sf +$2,224 $385 $2,609 Additional remodel each 300 sf $267 $46 $313 Re-roof $0 Residential (maximum $500 per building)each 100 sf $20 $3 $23 Multi-Family Dwelling (maximum $500 per building)each 100 sf $20 $3 $23 Commercial $0 Commercial (first 5,000 sf)each $445 $77 $522 Commercial (each additional 2,500 sf)each 2,500 sf $178 $31 $209 Retaining Wall (concrete or masonry)$0 Standard (up to 50 l.f.)up to 50 l.f.$801 $139 $940 Additional retaining wall each 50 l.f.$534 $92 $626 Special Design, 3-10' high (up to 50 l.f.)up to 50 l.f.$1,156 $200 $1,356 Additional retaining wall each 50 l.f.$711 $123 $834 Special Design, over 10' high (up to 50 l.f.)up to 50 l.f.$1,334 $231 $1,565 Additional retaining wall each 50 l.f.$889 $154 $1,043 CC 04-21-20 255 of 548 Work Item Unit FY 2019-20 Fee Change FY 2020-21 Fee CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 Schedule D - Table 4 Miscellaneous Items Gravity/Crib Wall, 0-10' high (up to 50 l.f.)up to 50 l.f.$1,156 $200 $1,356 Additional Gravity/Crib Wall each 50 l.f.$711 $123 $834 Gravity/Crib Wall, over 10' high (up to 50 l.f.)up to 50 l.f.$1,334 $231 $1,565 Additional Gravity/Crib Wall each 50 l.f.$889 $154 $1,043 Revisions Commercial (New and Tenant Improvement)each $801 $139 $940 Single Family Dwelling (New and Additions)each $445 $77 $522 Remodel each $357 $62 $419 Sauna—steam each $622 $108 $730 Siding Stone and Brick Veneer (interior or exterior)up to 400 sf $445 $77 $522 All Other up to 400 sf $357 $62 $419 Additional siding each 400 sf $89 $15 $104 Signs Directional each $357 $62 $419 Each additional Directional Sign each $178 $31 $209 Ground/Roof/Projecting Signs each $357 $62 $419 Master Plan Sign Check each $357 $62 $419 Rework of any existing Ground Sign each $357 $62 $419 Other Sign each $357 $62 $419 Reinspection Fee each $89 $15 $104 Wall/Awning Sign, Non-Electric each $267 $46 $313 Wall/Awning Sign, Electric each $267 $46 $313 Shed over 120 square feet each $801 $139 $940 Skylight 50 sf or less (cumulative area)each $445 $77 $522 Greater than 50 sf or structural each $622 $108 $730 Stairs—First Flight first flight $357 $62 $419 Each additional flight per flight $178 $31 $209 Storage Racks 0-8' high (up to 100 l.f.) first 100 l.f.$445 $77 $522 each additional 100 l.f.each 100 l.f.$89 $15 $104 over 8' high (up to 100 l.f.) first 100 l.f.$445 $77 $522 each additional 100 l.f.each 100 l.f.$89 $15 $104 Stucco Applications up to 400 sf $357 $62 $419 Additional Stucco Application each 400 sf $89 $15 $104 CC 04-21-20 256 of 548 Work Item Unit FY 2019-20 Fee Change FY 2020-21 Fee CITY OF CUPERTINO, CA Resolution 20-XXX Fees Effective July 1, 2020 Schedule D - Table 4 Miscellaneous Items Swimming Pool/Spa Vinyl-lined each $801 $139 $940 Fiberglass each $801 $139 $940 Gunite (up to 800 sf)each $1,156 $200 $1,356 Additional pool (over 800 sf)each 100 sf $267 $46 $313 Commercial pool (up to 800 sf)each $1,957 $339 $2,296 Additional pool (over 800 sf)each 100 sf $534 $92 $626 Spa or Hot Tub (Pre-fabricated)each $357 $62 $419 Temporary Structures each $534 $92 $626 Tenant Improvement Preparation each $357 $62 $419 Window or Sliding Glass Door Replacement (first 8 windows)first 8 $267 $46 $313 Replacement (each additional 8 windows)each 8 $89 $15 $104 New Window (non structural)each $223 $39 $262 New window (structural shear wall/masonry)each $312 $54 $366 Bay Window (structural) each $312 $54 $366 Refunds - Plan Check Fees 1st review not started (within 3 Business of Submittal)100% of Plan Review Fees Plan review more than 3 Business Days after the Date of Submittal No refund Refunds - Building Permit Fees No inspections and permit is active (not expired)80% of permit fees No inspections and permit is expired No refund Inspections were provided No refund Work without permit - based on current permit and plan check fees Double fees NOTE: Fee Adjustments: In instances where the strict application of fees from this schedule would constitute a substantial inequity to an applicant or to the City, the Chief Building Official shall be authorized to adjust such fees on a case-by-case basis. Any such adjustments shall be recorded in writing and entered into the appropriate files. Fees identified in this Table consist of 50% Plan Review Fee and 50% Inspection Fee CC 04-21-20 257 of 548 Recreation classes and excursion fees shall be determined as follows: Classes 1. Determine the maximum hourly rate paid to instructor. 2. Multiply the instructor's hourly rate by the number of class meetings. 3. Determine the minimum number of participants and divide into the instructor's cost. 4. Add indirect overhead percent - 32%. 5. Add 20% to establish non-resident fee. 6. Add cost for specialized equipment or supplies. Special Conditions: For classes taught by contract instructors, the indirect overhead is only added to the City's percentage. Excursions 1. Transportation cost divided by the number of participants plus overhead transfer. 2. Add 20% to establish non-resident fee. 3. Add any admission cost, supplies or leadership cost. Additional factors that may be used to determine the class or excursion user fee: The total number of participants in a given activity may generate additional revenue whereby the total program cost may be reduced. Classes that traditionally have waiting lists may have the user fee increased. Programs in competition with adjacent cities or the private sector may require fees to be increased or decreased to remain competitive. Facility Use Fee Schedule (Staff Use Only) CLASSIFICATIONS: show proof of 95014 residency. CITY OF CUPERTINO Resolution 20-xxx Fees Effective July 1, 2020 Schedule E - Recreation Group 1: Cupertino-serving non-profits with 1/3 resident membership/participation, a Cupertino business address, or demonstrated service to Cupertino; government organizations; sponsored clubs; functions held by non-profits Group 2: Non-resident non-profit recreation, education or community service organizations for functions not open to the Group 3: Cupertino Residents - Private, special interest or business groups for functions not open to the public. These Group 4: Non-Residents - Private, special interest or business groups for functions not open to the public. These that are free and open to the Cupertino public. These organizations must show an official structure and status. public. These organizations must show official structure and status. functions would include parties, banquets, receptions, industrial conferences, seminars, trade shows, etc. Must functions would include parties, banquets, receptions, industrial conferences, seminars, trade shows, etc. CC 04-21-20 258 of 548 CITY OF CUPERTINO Resolution 20-xxx Fees Effective July 1, 2020 Schedule E - Recreation ROOM RENTAL SCHEDULE PER HOURS Cupertino Room Mon-Fri up to 5:00pm Overtime Fees*Fri 5:00pm-Sun Overtime Fees* Cupertino Non-Profit (Group 1)$30 $45 $80 $120 Non-Profit (Group 2)$48 $72 $128 $192 Resident (Group 3)$168 $252 $280 $420 Non-Resident (Group 4)$224 $336 $368 $552 Social Room Cupertino Non-Profit (Group 1)$20 $30 $60 $90 Non-Profit (Group 2)$32 $48 $96 $144 Resident (Group 3)$72 $108 $120 $180 Non-Resident (Group 4)$90 $135 $150 $225 Conference Room Cupertino Non-Profit (Group 1)$10 $15 $25 $38 Non-Profit (Group 2)$16 $24 $40 $60 Resident (Group 3)$31 $47 $52 $78 Non-Resident (Group 4)$39 $59 $65 $98 Security Staff Security staff is required when alcohol is served at any City facility. $40.00 per hour. Minimum of 6 hours. Overtime Fee* Security Deposit A security deposit shall be required for all groups. Security deposit is due at time of reservation. The Department Director may also require or alter a deposit based on the nature of an event, deposits on account for other permits, etc. The security deposit will be refunded if no damage occurs, rooms are left in clean condition, and permits conclude on time. Cupertino Room $500 Social Room $300 Insurance General Liability Insurance may be required as determined by Department and stipulated in Department's Facility Use Insurance Requirement Policy. Quinlan Community Center Rentals exceeding, prior to or following the permitted reservation time, shall be charged the overtime fee for any time up to the first half-hour, and the overtime fee per hour for every hour thereafter. This charge will be deducted from the security deposit. CC 04-21-20 259 of 548 CITY OF CUPERTINO Resolution 20-xxx Fees Effective July 1, 2020 Schedule E - Recreation ROOM RENTAL SCHEDULE PER HOUR Mon-Fri Up to 5:00pm Overtime Fees*Fri 5:00pm to Sun Overtime Fees* Cupertino Non-Profit (Group 1)$30 $45 $80 $120 Non-Profit (Group 2)$48 $72 $128 $192 Resident (Group 3)$120 $180 $200 $300 Non-Resident (Group 4)$200 $300 $300 $450 Security Staff Security staff is required when alcohol is served at any City facility. $40.00 per hour. Minimum of 6 hours. Overtime Fee* Security Deposit A security deposit shall be required for all groups. Security deposit is due at time of reservation. The Department Director may also require or alter a deposit based on the nature of an event, deposits on account for other permits, etc. The security deposit will be refunded if no damage occurs, rooms are left in clean condition, and permits conclude on time. Community Hall $500 Insurance General Liability Insurance may be required as determined by Department and stipulated in Department's Facility Use Insurance Requirement Policy. Cupertino Library: Will be approved for a select number of uses of Community Hall without fee, based on approval from the Recreation & Community Services Department Director. The Library is exempt from the provision of deposits relating to the use of Community Hall. Rentals exceeding, prior to or following the permitted reservation time, shall be charged the overtime fee for any time up to the first half-hour, and the overtime fee per hour for every hour thereafter. This charge will be deducted from the security deposit. Community Hall CC 04-21-20 260 of 548 CITY OF CUPERTINO Resolution 20-xxx Fees Effective July 1, 2020 Schedule E - Recreation ROOM RENTAL SCHEDULE PER HOUR WILSON PARK BUILDING/CREEKSIDE/MONTA VISTA- Multi-Purpose Room Mon-Fri Up to 5:00pm Overtime Fees*Fri 5:00pm to Sun Overtime Fees* Cupertino Non-Profit (Group 1)$24 $36 $39 $59 Non-Profit (Group 2)$30 $45 $48 $72 Resident (Group 3)$48 $72 $80 $120 Non-Resident (Group 4)$60 $90 $100 $150 Resident Non-Resident Bounce House (Memorial & Creekside Park Only)$25 $25 Security Staff Security staff is required when alcohol is served at any City facility. $40.00 per hour. Minimum of 6 hours. Overtime Fee* Security Deposit A $100 security deposit shall be required for all groups. Security deposit is due at time of reservation. The Department Director may also require or alter a deposit based on the nature of an event, deposits on account for other permits, etc. The security deposit will be refunded if no damage occurs, rooms are left in clean condition, and permits conclude on time. Creekside Park building security deposit $100. If alcohol is served security deposit is $250. Insurance General Liability Insurance may be required as determined by Department and stipulated in Department's Facility Use Insurance Requirement Policy. Wilson Park Building rental would not include access to ceramic wheels, kiln, or specialized art equipment. Rentals exceeding, prior to or following the permitted reservation time, shall be charged the overtime fee for any time up to the first half-hour, and the overtime fee per hour for every hour thereafter. This charge will be deducted from the security deposit. Monta Vista Recreation Center/Creekside Park Building/Wilson Park Building CC 04-21-20 261 of 548 CITY OF CUPERTINO Resolution 20-xxx Fees Effective July 1, 2020 Schedule E - Recreation Resident Non-Resident Annual Membership $23 $28 Volunteer Membership*$18 $23 Day Pass Fee $5 $5 Class Pass $10 $10 Day Trip Pass $20 $20 ROOM RENTAL SCHEDULE PER HOUR Reception Hall Mon-Fri Up to 5:00pm Overtime Fees*Fri 5:00pm to Sun Overtime Fees* Cupertino Non-Profit (Group 1)$30 $45 $80 $120 Non-Profit (Group 2)$48 $72 $128 $192 Resident (Group 3)$144 $216 $240 $360 Non-Resident (Group 4)$180 $270 $300 $450 Bay Room/ Arts and Craft Cupertino Non-Profit (Group 1)$22 $33 $36 $54 Non-Profit (Group 2)$27 $41 $45 $68 Resident (Group 3)$43 $65 $72 $108 Non-Resident (Group 4)$54 $81 $90 $135 Classroom Cupertino Non-Profit (Group 1)$20 $30 $32 $48 Non-Profit (Group 2)$24 $36 $40 $60 Resident (Group 3)$38 $57 $64 $96 Non-Resident (Group 4)$48 $72 $80 $120 Conference Room Cupertino Non-Profit (Group 1)$10 $15 $25 $38 Non-Profit (Group 2)$16 $24 $40 $60 Resident (Group 3)$31 $47 $52 $78 Non-Resident (Group 4)$39 $59 $65 $98 Security Staff Security staff is required when alcohol is served at any City facility. $40.00 per hour. Minimum of 6 hours. Overtime Fee* Security Deposit A security deposit shall be required for all groups. Security deposit is due at time of reservation. The Department Director may also require or alter a deposit based on the nature of an event, deposits on account for other permits, etc. The security deposit will be refunded if no damage occurs, rooms are left in clean condition, and permits conclude on time. *Members who have volunteered 20+ hours in the previous calendar year qualify for this rate. Senior Center Rentals exceeding, prior to or following the permitted reservation time, shall be charged the overtime fee for any time up to the first half-hour, and the overtime fee per hour for every hour thereafter. This charge will be deducted from the security deposit. CC 04-21-20 262 of 548 CITY OF CUPERTINO Resolution 20-xxx Fees Effective July 1, 2020 Schedule E - Recreation Reception Hall $500 All Other Rooms $300 Insurance General Liability Insurance may be required as determined by Department and stipulated in Department's Facility Use Insurance Requirement Policy. Senior Center CC 04-21-20 263 of 548 CITY OF CUPERTINO Resolution 20-xxx Fees Effective July 1, 2020 Schedule E - Recreation Type Resident Non-Resident Day Passes Single Day Pass $10 $13 Day Pass 5 Pack $45 $59 Day Pass 10 Pack $90 $117 Drop-In Fitness $10 $10 Drop-In Fitness 5 Pack $45 $45 Drop-In Fitness 10 Pack $90 $90 Drop-In Sports $7 $7 Drop-In Sports 5 Pack $32 $32 Drop-In Sports 10 Pack $63 $63 Body Fat Testing $25 $25 Friday Night Social Members $3 $3 Friday Night Social Non-Member $8 $8 Monthly Passes One Month Single $65 $75 One Month Couple $85 $100 One Month Family $105 $125 One Month Senior $50 $60 One Month Students $30 $30 Annual Passes One Year Single $440 $475 One Year Couple $825 $900 One Year Family $920 $1,000 One Year Senior $395 $425 One Year Corp. Single $350 $350 One Year Corp. Family $850 $850 One Year Tennis Only $420 $440 Family membership includes up to 2 adults and 2 children under 18, each additional child is $100/year or $8/month. ROOM RENTAL SCHEDULE PER HOUR Conference Room Current Cupertino Non-Profit (Group 1)$10 Non-Profit (Group 2)$16 Resident (Group 3)$31 Non-Resident (Group 4)$39 Multi-Purpose Room/Sports Court Current Resident $60 Non-Resident $72 Sports Center/Child Care/Teen Center CC 04-21-20 264 of 548 CITY OF CUPERTINO Resolution 20-xxx Fees Effective July 1, 2020 Schedule E - Recreation 1. The Cupertino Tennis Club will be charged $12.00/hour during primetime and $8.00/hour per court during non-primetime for all C.T.C. sponsored activities other than U.S.T.A. leagues and practices. 2. All competitors in C.T.C./U.S.T.A. leagues participating at the Sports Center must purchase an annual pass. 3. Specials will be offered on an on-going basis. Childcare Fees One visit $7 Ten visits $63 Teen Center Rental Rate (per 3 hours minimum)$210 Deposit $750 Overtime Rate: $100.00 first hour; $50.00 each half hour after. Extra Fees: $35 each half hour (30 min); $70 each hour (1 hr) Teen Resident Teen Non-Resident Annual Rate No Cost $25 ADDITIONAL CONDITIONS Sports Center/Child Care/Teen Center CC 04-21-20 265 of 548 CITY OF CUPERTINO Resolution 20-xxx Fees Effective July 1, 2020 Schedule E - Recreation Memorial Softball Field Cupertino residents/Resident business only $35/2 hrs Non-Residents/Non-Resident business $50/2 hrs Field can be reserved for a maximum of 4 hours. THERE IS NO FEE FOR CURRENT SOFTBALL TEAMS PLAYING IN CUPERTINO LEAGUES Field preparation (includes dragging, watering, chalking, and bases)$37 Field Attendant (2 hour minimum). Field Attendant is required any time lights or field $14/hr preparation is requested. Lights $10/hr Memorial Park Amphitheater Residents/Cupertino Non-Profit $55/2 hours Non-resident/Non-Profit $75/2 hours Memorial Park Gazebo Residents/Cupertino Non-Profit $55/2 hours Non-resident/Non-Profit $75/2 hours Picnic Areas (Daily Rate)Resident Non-Resident Memorial (113 capacity)$113 $154 Linda Vista (136 capacity)$136 $186 Portal (80 capacity)$80 $109 Electricity at Memorial or Linda Vista Park $25 $25 Bounce House (Memorial Park Only)$25 $25 Sports Field Fees (Per Athletic Field Use Policy) Cupertino resident, youth, volunteer non-profit organization (*) Resident/player/season $11 Non-resident/player/season $22 Cupertino resident, youth, commercial non-profit organization (*) Resident/player/season $11 Non-resident/player/season $66 Cupertino resident, adult, volunteer non-profit organization 2-hour minimum/hour/field $50 Deposit $600 Cupertino resident, adult, commercial non-profit organization 2-hour minimum/hour/field $50 Base fee/site/seasonal use period $600 Deposit $600 Non-resident, youth, non-profit volunteer organization (*) Resident/player/season $11 Non-resident/player/season $66 Outdoor Facilities CC 04-21-20 266 of 548 CITY OF CUPERTINO Resolution 20-xxx Fees Effective July 1, 2020 Schedule E - Recreation Non-resident, youth, commercial non-profit organization (*) Resident/player/season $11 Non-resident/player/season $88 Non-resident, adult, non-profit volunteer organization 2-hour minimum/hour/field $50 Base fee/site/seasonal use period $600 Deposit $600 Non-resident, adult, commercial non-profit organization 2-hour minimum/hour/field $100 Base fee/site/seasonal use period $600 Deposit $600 For-profit youth sports events 2-hour minimum/hour/field $150 Base fee/site/seasonal use period $600 Deposit $600 For-profit adult sports events 2-hour minimum/hour/field $175 Base fee/site/seasonal use period $600 Deposit $600 * Represents whether an organization's members and board of directors are made up of 51% or more of either City residents or non-residents. After the category is determined, then the resident or non-resident fees are paid per the residency of each player. Outdoor Facilities CC 04-21-20 267 of 548 CITY OF CUPERTINO Resolution 20-xxx Fees Effective July 1, 2020 Schedule E - Recreation Picnic Areas (Daily Rate) *Resident Non-Resident Area 1 - 250 Person Picnic Area- Blackberry Site $300 $600 Area 2 - 100 Person Picnic Area- Sycamore Site $120 $240 Area 3 - 100 Person Picnic Area- Owl Site $120 $240 Area 4 - 50 Person Picnic Area- Steelhead Site $60 $120 Area 5 - 50 Person Picnic Area- Bobcat Site $60 $120 Area 6 - 25 Person Picnic Area- Acorn Site $30 $60 All Sites- 525 Person Picnic Area $690 $1,380 Pool Pass for Picnic Area Groups $4 $5 Day-Use Pass Only Weekday Tuesday - Friday $6 $8 Weekend Saturday - Sunday $8 $10 Picnic area fees are due in full at the time of reservation. * Organizations may rent multiple areas. Swim Pass Options Resident Non-Resident 10-day Pass $60 $80 Season Swim Pass (May-Sept) Individual Pass $100 $140 2-Person Pass $160 $200 3-Person Pass $170 $210 4-Person Pass $180 $220 5-Person Pass $190 $230 6-Person Pass*$200 $240 *Each additional person added to a 6-person pass $6 $8 Blackberry Farm CC 04-21-20 268 of 548 CITY OF CUPERTINO Resolution 20-xxx Fees Effective July 1, 2020 Schedule E - Recreation ROOM RENTAL SCHEDULE PER HOUR Contracted Tenants and Partners*No Charge Overtime Charges* Cupertino Non-Profit (Group 1)$30 $45 Non-Profit (Group 2)$48 $72 Resident (Group 3)$55 $83 Non-Resident (Group 4)$88 $132 *Onsite tenants and partnering organizations that have a current lease agreeement with the City of Cupertino. Security Staff Security staff is required when alcohol is served at any City facility. $40.00 per hour. Minimum of 6 hours. Overtime Fee* Security Deposit A security deposit of $300 will be due at time of booking for rentals. (except for Contracted Tenants and Partners) Insurance General Liability Insurance may be required as determined by Department and stipulated in Department's Facility Use Insurance Requirement Policy. Environmental Education Center Rentals exceeding, prior to or following the permitted reservation time, shall be charged the overtime fee for any time up to the first half-hour, and the overtime fee per hour for every hour thereafter. This charge will be deducted from the security deposit. CC 04-21-20 269 of 548 CITY OF CUPERTINO Resolution 20-xxx Fees Effective July 1, 2020 Schedule E - Recreation Application Fee (per event; non-refundable)$75 Memorial Park - 1/2 park per event day; 500 or fewer attendees $1,000 Memorial Park - full park per event day; 501 or more attendees $2,000 Event Day Staffing - City Staff At Cost Event Day Staffing - Sheriff's Office At Cost Memorial Park Special Event Permit for nonprofit/civic organizations only. Additional permit fees may be charged for park uses, as determined by the Director of Recreation & Community Services. Security Deposit A security deposit of $1,000 is due 30 days prior to event. The security deposit payment is required before a Special Event Permit will be issued. Insurance General Liability Insurance is required as stipulated in the Department's Special Events Permit. Full Plot $100/year Half Plot $50/year Box $25/year Security Deposit A security deposit of $50 is required for first year gardeners. Community Gardens Park Special Events Permits CC 04-21-20 270 of 548 Weekends Resident Non-Resident 9-Holes $18 $20 Senior $18 $20 Junior $15 $17 Second 9 Holes (all players)$12 $14 Weekdays 9-Holes $16 $18 Senior $15 $17 Junior $15 $17 Second 9 Holes (all players)$11 $14 Adults (17-50)Jr/Sr Monthly Rate* Cupertino Residents $165 $150 Non-Residents $195 $180 Annual Rate (Weekdays Only) Cupertino Residents $1,310 $1,160 Non-Residents $1,610 $1,460 Semi-Annual Rate (Weekdays Only) Cupertino Residents $710 $630 Non-Residents $870 $790 Super Annual Rate (Good on Weekends & Holidays) Cupertino Residents $1,650 $1,500 Non-Residents $1,950 $1,800 Super Semi-Annual Rate (Good on Weekends & Holidays) Cupertino Residents $880 $800 Non-Residents $1,040 $960 All Groups and Tournaments pay the 9-Hole rate (Cupertino residents still applies). Staff is authorized to set merchandise fees according to current cost. Blackberry Farm Golf Course CITY OF CUPERTINO Resolution 20-xxx Fees Effective July 1, 2020 Schedule E - Recreation Daily Green Fee Schedule CC 04-21-20 271 of 548 Blackberry Farm Golf Course CITY OF CUPERTINO Resolution 20-xxx Fees Effective July 1, 2020 Schedule E - Recreation Power Cart Rental Packs 10 Pack $65 $65 20 Pack $120 $120 30 Pack $165 $165 40 Pack $200 $200 50 Pack $225 $225 Rentals Power Cart $7 $7 Pull Cart $3 $3 Soccer Balls $3 $3 Clubs - Adult $6 $6 Clubs - Junior $3.50 $3.50 Weekends Adult $15 $15 Junior $12 $12 Spectator Fee $5 $5 Week days Adult $15 $15 Junior $12 $12 Spectator Fee $5 $5 Second 9 holes $12 $14 *Specials will be offered on an on-going basis Daily Foot Golf Fee Schedule CC 04-21-20 272 of 548 Blackberry Farm Golf Course CITY OF CUPERTINO Resolution 20-xxx Fees Effective July 1, 2020 Schedule E - Recreation Base Rate 15 16 17 18 18 20 Weekday Weekday Weekday Weekday Savings Senior Adult Senior Adult Weekend Weekend # of Plays per round Res.Res.NR NR Res.NR 10 $1 $140 $150 $160 $170 $170 $190 20 $2 $260 $280 $300 $320 $320 $360 30 $3 $360 $390 $420 $450 $450 $510 40 $4 $440 $480 $520 $560 $560 $640 50 $5 $500 $550 $600 $650 $650 $750 Golf fees may be increased/decreased at the discretion of the City Manager (Resolution No. 04-350) * Monthly Passes valid 7 days a week and Holidays. Based on 1\10th of the Annual Rate. Proposed Quick Passes CC 04-21-20 273 of 548 Recreation classes and excursion fees shall be determined as follows: Classes 1. Determine the maximum hourly rate paid to instructor. 2. Multiply the instructor's hourly rate by the number of class meetings. 3. Determine the minimum number of participants and divide into the instructor's cost. 4. Add indirect overhead percent - 32%. 5. Add 20% to establish non-resident fee. 6. Add cost for specialized equipment or supplies. Special Conditions: For classes taught by contract instructors, the indirect overhead is only added to the City's percentage. Excursions 1. Transportation cost divided by the number of participants plus overhead transfer. 2. Add 20% to establish non-resident fee. 3. Add any admission cost, supplies or leadership cost. Additional factors that may be used to determine the class or excursion user fee: The total number of participants in a given activity may generate additional revenue whereby the total program cost may be reduced. Classes that traditionally have waiting lists may have the user fee increased. Programs in competition with adjacent cities or the private sector may require fees to be increased or decreased to remain competitive. Facility Use Fee Schedule (Staff Use Only) CLASSIFICATIONS: show proof of 95014 residency. demonstrated service to Cupertino; government organizations; sponsored clubs; functions held by non-profits CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule E - Recreation Group 1: Cupertino-serving non-profits with 1/3 resident membership/participation, a Cupertino business address, or Group 4: Non-Residents - Private, special interest or business groups for functions not open to the public. These functions would include parties, banquets, receptions, industrial conferences, seminars, trade shows, etc. that are free and open to the Cupertino public. These organizations must show an official structure and status. Group 2: Non-resident non-profit recreation, education or community service organizations for functions not open to the public. These organizations must show official structure and status. Group 3: Cupertino Residents - Private, special interest or business groups for functions not open to the public. These functions would include parties, banquets, receptions, industrial conferences, seminars, trade shows, etc. Must CC 04-21-20 274 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule E - Recreation ROOM RENTAL SCHEDULE PER HOURS Cupertino Room Mon-Fri up to 5:00pm Overtime Charges* Fee*Fri 5:00pm-Sun Overtime Charges* Fee* Cupertino Non-Profit (Group 1)$30 $45 $80 $120 Non-Profit (Group 2)$48 $72 $128 $192 Resident (Group 3)$168 $252 $280 $420 Non-Resident (Group 4)$224 $336 $368 $552 Social Room Cupertino Non-Profit (Group 1)$20 $30 $60 $90 Non-Profit (Group 2)$32 $48 $96 $144 Resident (Group 3)$72 $108 $120 $180 Non-Resident (Group 4)$90 $135 $150 $225 Conference Room Cupertino Non-Profit (Group 1)$10 $15 $25 $38 Non-Profit (Group 2)$16 $24 $40 $60 Resident (Group 3)$31 $47 $52 $78 Non-Resident (Group 4)$39 $59 $65 $98 Security Staff Security staff is required when alcohol is served at any City facility. $40.00 per hour. Minimum of 6 hours. Overtime Fee* Security Deposit A security deposit shall be required for all groups. Security deposit is due at time of reservation. The Department Director may also require or alter a deposit based on the nature of an event, deposits on account for other permits, etc. The security deposit will be refunded if no damage occurs, rooms are left in clean condition, and permits conclude on time. Cupertino Room $500 Social Room $300 Insurance General Liability Insurance may be required as determined by Department and stipulated in Department's Facility Use Insurance Requirement Policy. Quinlan Community Center Functions exceeding, prior to or following the permitted reservation time shall be charged 1.5 times the associated hourly fee for any time up to the first half-hour, and the above fees per hour for every hour thereafter. This charge will be deducted from the security deposit. Rentals exceeding, prior to or following the permitted reservation time, shall be charged the overtime fee for any time up to the first half-hour, and the overtime fee per hour for every hour thereafter. This charge will be deducted from the security deposit. CC 04-21-20 275 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule E - Recreation ROOM RENTAL SCHEDULE PER HOUR Mon-Fri Up to 5:00pm Overtime Charges* Fee*Fri 5:00pm to Sun Overtime Charges* Fee* Cupertino Non-Profit (Group 1)$30 $45 $80 $120 Non-Profit (Group 2)$48 $72 $128 $192 Resident (Group 3)$120 $180 $200 $300 Non-Resident (Group 4)$200 $300 $300 $450 Security Staff Security staff is required when alcohol is served at any City facility. $40.00 per hour. Minimum of 6 hours. Overtime Fee* Security Deposit A security deposit shall be required for all groups. Security deposit is due at time of reservation. The Department Director may also require or alter a deposit based on the nature of an event, deposits on account for other permits, etc. The security deposit will be refunded if no damage occurs, rooms are left in clean condition, and permits conclude on time. Community Hall $500 Insurance General Liability Insurance may be required as determined by Department and stipulated in Department's Facility Use Insurance Requirement Policy. Cupertino Library: Will be approved for a select number of uses of Community Hall without fee, based on approval from the Recreation & Community Services Department Director. The Library is exempt from the provision of deposits relating to the use of Community Hall. Community Hall Functions exceeding, prior to or following the permitted reservation time shall be charged 1.5 times the associated hourly fee for any time up to the first half-hour, and the above fees per hour for every hour thereafter. This charge will be deducted from the security deposit. Rentals exceeding, prior to or following the permitted reservation time, shall be charged the overtime fee for any time up to the first half-hour, and the overtime fee per hour for every hour thereafter. This charge will be deducted from the security deposit. CC 04-21-20 276 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule E - Recreation ROOM RENTAL SCHEDULE PER HOUR WILSON PARK BUILDING/CREEKSIDE/MONTA VISTA- Multi-Purpose Room Mon-Fri Up to 5:00pm Overtime Charges* Fee*Fri 5:00pm to Sun Overtime Charges* Fee* Cupertino Non-Profit (Group 1)$24 $36 $39 $59 Non-Profit (Group 2)$30 $45 $48 $72 Resident (Group 3)$48 $72 $80 $120 Non-Resident (Group 4)$60 $90 $100 $150 Resident Non-Resident Bounce House (Memorial & Creekside Park Only)$25 $25 Security Staff Security staff is required when alcohol is served at any City facility. $40.00 per hour. Minimum of 6 hours. Overtime Fee* Security Deposit A $100 security deposit shall be required for all groups. Security deposit is due at time of reservation. The Department Director may also require or alter a deposit based on the nature of an event, deposits on account for other permits, etc. The security deposit will be refunded if no damage occurs, rooms are left in clean condition, and permits conclude on time. Creekside Park building security deposit $100. If alcohol is served security deposit is $250. Insurance General Liability Insurance may be required as determined by Department and stipulated in Department's Facility Use Insurance Requirement Policy. Wilson Park Building rental would not include access to ceramic wheels, kiln, or specialized art equipment. Functions exceeding, prior to or following the permitted reservation time shall be charged 1.5 times the associated hourly fee for any time up to the first half-hour, and the above fees per hour for every hour thereafter. This charge will be deducted from the security deposit. Rentals exceeding, prior to or following the permitted reservation time, shall be charged the overtime fee for any time up to the first half-hour, and the overtime fee per hour for every hour thereafter. This charge will be deducted from the security deposit. Monta Vista Recreation Center/Creekside Park Building/Wilson Park Building CC 04-21-20 277 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule E - Recreation Resident Non-Resident Annual Membership $23 $28 Volunteer Membership*$18 $23 Day Pass Fee $5 $5 Class Pass $10 $10 Day Trip Pass $20 $20 ROOM RENTAL SCHEDULE PER HOUR Reception Hall Mon-Fri Up to 5:00pm Overtime Charges* Fee*Fri 5:00pm to Sun Overtime Charges* Fee* Cupertino Non-Profit (Group 1)$30 $45 $80 $120 Non-Profit (Group 2)$48 $72 $128 $192 Resident (Group 3)$144 $216 $240 $360 Non-Resident (Group 4)$180 $270 $300 $450 Bay Room/ Arts and Craft Cupertino Non-Profit (Group 1)$22 $33 $36 $54 Non-Profit (Group 2)$27 $41 $45 $68 Resident (Group 3)$43 $65 $72 $108 Non-Resident (Group 4)$54 $81 $90 $135 Classroom Cupertino Non-Profit (Group 1)$20 $30 $32 $48 Non-Profit (Group 2)$24 $36 $40 $60 Resident (Group 3)$38 $57 $64 $96 Non-Resident (Group 4)$48 $72 $80 $120 Conference Room Cupertino Non-Profit (Group 1)$10 $15 $25 $38 Non-Profit (Group 2)$16 $24 $40 $60 Resident (Group 3)$31 $47 $52 $78 Non-Resident (Group 4)$39 $59 $65 $98 Security Staff Security staff is required when alcohol is served at any City facility. $40.00 per hour. Minimum of 6 hours. Overtime Fee* Security Deposit A security deposit shall be required for all groups. Security deposit is due at time of reservation. The Department Director may also require or alter a deposit based on the nature of an event, deposits on account for other permits, etc. The security deposit will be refunded if no damage occurs, rooms are left in clean condition, and permits conclude on time. *Members who have volunteered 20+ hours in the previous calendar year qualify for this rate. Senior Center Functions exceeding, prior to or following the permitted reservation time shall be charged 1.5 times the associated hourly fee for any time up to the first half-hour, and the above fees per hour for every hour thereafter. This charge will be deducted from the security deposit. Rentals exceeding, prior to or following the permitted reservation time, shall be charged the overtime fee for any time up to the first half-hour, and the overtime fee per hour for every hour thereafter. This charge will be deducted from the security deposit. CC 04-21-20 278 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule E - Recreation Reception Hall $500 All Other Rooms $300 Insurance General Liability Insurance may be required as determined by Department and stipulated in Department's Facility Use Insurance Requirement Policy. Senior Center CC 04-21-20 279 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule E - Recreation Type Resident Non-Resident Day Passes Single Day Pass $10 $13 Day Pass 5 Pack $45 $59 Day Pass 10 Pack $90 $117 Drop-In Fitness $10 $10 Drop-In Fitness 5 Pack $45 $45 Drop-In Fitness 10 Pack $90 $90 Drop-In Sports $7 $7 Drop-In Sports 5 Pack $32 $32 Drop-In Sports 10 Pack $63 $63 Body Fat Testing $25 $25 Friday Night Social Members $3 $3 Friday Night Social Non-Member $8 $8 Monthly Passes One Month Single $65 $75 One Month Couple $85 $100 One Month Family $105 $125 One Month Senior $50 $60 One Month Students $30 $30 Annual Passes One Year Single $440 $475 One Year Couple $825 $900 One Year Family $920 $1,000 One Year Senior $395 $425 One Year Corp. Single $350 $350 One Year Corp. Family $850 $850 One Year Tennis Only $420 $440 Family membership includes up to 2 adults and 2 children under 18, each additional child is $100/year or $8/month. ROOM RENTAL SCHEDULE PER HOUR Conference Room Current Cupertino Non-Profit (Group 1)$10 Non-Profit (Group 2)$16 Resident (Group 3)$31 Non-Resident (Group 4)$39 Multi-Purpose Room/Sports Court Current Resident $60 Non-Resident $72 Sports Center/Child Care/Teen Center CC 04-21-20 280 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule E - Recreation 1. The Cupertino Tennis Club will be charged $12.00/hour during primetime and $8.00/hour per court during non-primetime for all C.T.C. sponsored activities other than U.S.T.A. leagues and practices. 2. All competitors in C.T.C./U.S.T.A. leagues participating at the Sports Center must purchase an annual pass. 3. Specials will be offered on an on-going basis. Childcare Fees One visit $7 Ten visits $63 Teen Center Rental Rate (per 3 hours minimum)$210 Deposit $750 Overtime Rate: $100.00 first hour; $50.00 each half hour after. Extra Fees: $35 each half hour (30 min); $70 each hour (1 hr) Teen Resident Teen Non-Resident Daily Rate Annual Rate No Cost $5 $25 10 Day Pass No Cost $40 Sports Center/Child Care/Teen Center ADDITIONAL CONDITIONS CC 04-21-20 281 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule E - Recreation Memorial Softball Field Cupertino residents/Resident business only $35/2 hrs Non-Residents/Non-Resident business $50/2 hrs Field can be reserved for a maximum of 4 hours. THERE IS NO FEE FOR CURRENT SOFTBALL TEAMS PLAYING IN CUPERTINO LEAGUES Field preparation (includes dragging, watering, chalking, and bases)$37 Field Attendant (2 hour minimum). Field Attendant is required any time lights or field $14/hr preparation is requested. Lights $10/hr Memorial Park Amphitheater Residents/Cupertino Non-Profit $55/2 hours Non-resident/Non-Profit $75/2 hours Memorial Park Gazebo Residents/Cupertino Non-Profit $55/2 hours Non-resident/Non-Profit $75/2 hours Picnic Areas (Daily Rate)Resident Non-Resident Memorial (113 capacity)$113 $154 Linda Vista (136 capacity)$136 $186 Portal (80 capacity)$80 $109 Electricity at Memorial or Linda Vista Park $25 $25 Bounce House (Memorial Park Only)$25 $25 Sports Field Fees (Per Athletic Field Use Policy) Cupertino resident, youth, volunteer non-profit organization (*) Resident/player/season $11 Non-resident/player/season $22 Cupertino resident, youth, commercial non-profit organization (*) Resident/player/season $11 Non-resident/player/season $66 Cupertino resident, adult, volunteer non-profit organization 2-hour minimum/hour/field $50 Deposit $600 Cupertino resident, adult, commercial non-profit organization 2-hour minimum/hour/field $50 Base fee/site/seasonal use period $600 Deposit $600 Non-resident, youth, non-profit volunteer organization (*) Resident/player/season $11 Non-resident/player/season $66 Outdoor Facilities CC 04-21-20 282 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule E - Recreation Non-resident, youth, commercial non-profit organization (*) Resident/player/season $11 Non-resident/player/season $88 Non-resident, adult, non-profit volunteer organization 2-hour minimum/hour/field $50 Base fee/site/seasonal use period $600 Deposit $600 Non-resident, adult, commercial non-profit organization 2-hour minimum/hour/field $100 Base fee/site/seasonal use period $600 Deposit $600 For-profit youth sports events 2-hour minimum/hour/field $150 Base fee/site/seasonal use period $600 Deposit $600 For-profit adult sports events 2-hour minimum/hour/field $175 Base fee/site/seasonal use period $600 Deposit $600 * Represents whether an organization's members and board of directors are made up of 51% or more of either City residents or non-residents. After the category is determined, then the resident or non-resident fees are paid per the residency of each player. Outdoor Facilities CC 04-21-20 283 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule E - Recreation Picnic Areas (Daily Rate) *Resident Non-Resident Area 1 - 250 Person Picnic Area- Blackberry Site $300 $600 Area 2 - 100 Person Picnic Area- Sycamore Site $120 $240 Area 3 - 100 Person Picnic Area- Owl Site $120 $240 Area 4 - 50 Person Picnic Area- Steelhead Site $60 $120 Area 5 - 50 Person Picnic Area- Bobcat Site $60 $120 Area 6 - 25 Person Picnic Area- Acorn Site $30 $60 All Sites- 525 Person Picnic Area $690 $1,380 Pool Pass for Picnic Area Groups $4 $5 Day-Use Pass Only Weekday Tuesday - Friday $6 $8 Weekend Saturday - Sunday $8 $10 Picnic area fees are due in full at the time of reservation. * Organizations may rent multiple areas. Swim Pass Options Resident Non-Resident 10-day Pass $60 $80 Season Swim Pass (May-Sept) Individual Pass $100 $140 2-Person Pass $160 $200 3-Person Pass $170 $210 4-Person Pass $180 $220 5-Person Pass $190 $230 6-Person Pass*$200 $240 *Each additional person added to a 6-person pass $6 $8 Blackberry Farm CC 04-21-20 284 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule E - Recreation ROOM RENTAL SCHEDULE PER HOUR Contracted Tenants and Partners*No Charge Fee Overtime Charges* Fee* Cupertino Non-Profit (Group 1)$30 $45 Non-Profit (Group 2)$48 $72 Resident (Group 3)$55 $83 Non-Resident (Group 4)$88 $132 *Onsite tenants and partnering organizations that have a current lease agreeement with the City of Cupertino. Security Staff Security staff is required when alcohol is served at any City facility. $40.00 per hour. Minimum of 6 hours. Overtime Fee* Security Deposit A security deposit of $300 will be due at time of booking for rentals. (except for Contracted Tenants and Partners) Insurance General Liability Insurance may be required as determined by Department and stipulated in Department's Facility Use Insurance Requirement Policy. Environmental Education Center Functions exceeding, prior to or following the permitted reservation time shall be charged 1.5 times the associated hourly fee for any time up to the first half-hour, and the above fees per hour for every hour thereafter. This charge will be deducted from the security deposit. Rentals exceeding, prior to or following the permitted reservation time, shall be charged the overtime fee for any time up to the first half-hour, and the overtime fee per hour for every hour thereafter. This charge will be deducted from the security deposit. CC 04-21-20 285 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule E - Recreation Application Fee (per event; non-refundable)$75 Memorial Park - 1/2 park per event day; 500 or fewer attendees $1,000 Memorial Park - full park per event day; 501 or more attendees $2,000 Event Day Staffing - City Staff At Cost Event Day Staffing - Sheriff's Office At Cost Memorial Park Special Event Permit for nonprofit/civic organizations only. Additional permit fees may be charged for park uses, as determined by the Director of Recreation & Community Services. Security Deposit A security deposit of $1,000 is due 30 days prior to event. The security deposit payment is required before a Special Event Permit will be issued. Insurance General Liability Insurance is required as stipulated in the Department's Special Events Permit. Full Plot $100/year Half Plot $50/year Box $25/year Security Deposit A security deposit of $50 is required for first year gardeners. Community Gardens Park Special Events Permits CC 04-21-20 286 of 548 Weekends Resident Non-Resident 9-Holes $18 $20 Senior $18 $20 Junior $15 $17 Second 9 Holes (all players)$12 $14 Weekdays 9-Holes $16 $18 Senior $15 $17 Junior $15 $17 Second 9 Holes (all players)$11 $14 Adults (17-50)Jr/Sr Monthly Rate* Cupertino Residents $165 $150 Non-Residents $195 $180 Annual Rate (Weekdays Only) Cupertino Residents $1,310 $1,160 Non-Residents $1,610 $1,460 Semi-Annual Rate (Weekdays Only) Cupertino Residents $710 $630 Non-Residents $870 $790 Super Annual Rate (Good on Weekends & Holidays) Cupertino Residents $1,650 $1,500 Non-Residents $1,950 $1,800 Super Semi-Annual Rate (Good on Weekends & Holidays) Cupertino Residents $880 $800 Non-Residents $1,040 $960 All Groups and Tournaments pay the 9-Hole rate (Cupertino residents still applies). Staff is authorized to set merchandise fees according to current cost. CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule E - Recreation Blackberry Farm Golf Course Daily Green Fee Schedule CC 04-21-20 287 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule E - Recreation Blackberry Farm Golf Course Power Cart Rental Packs 10 Pack $65 $65 20 Pack $120 $120 30 Pack $165 $165 40 Pack $200 $200 50 Pack $225 $225 Rentals Power Cart $7 $7 Pull Cart $3 $3 Soccer Balls $3 $3 Clubs - Adult $6 $6 Clubs - Junior $3.50 $3.50 Weekends Adult $15 $15 Junior $12 $12 Spectator Fee $5 $5 Week days Adult $15 $15 Junior $12 $12 Spectator Fee $5 $5 Second 9 holes $12 $14 *Specials will be offered on an on-going basis Daily Foot Golf Fee Schedule CC 04-21-20 288 of 548 CITY OF CUPERTINO Resolution 20-XXX Fees Effective July 1, 2020 Schedule E - Recreation Blackberry Farm Golf Course Base Rate 15 16 17 18 18 20 Weekday Weekday Weekday Weekday Savings Senior Adult Senior Adult Weekend Weekend # of Plays per round Res.Res.NR NR Res.NR 10 $1 $140 $150 $160 $170 $170 $190 20 $2 $260 $280 $300 $320 $320 $360 30 $3 $360 $390 $420 $450 $450 $510 40 $4 $440 $480 $520 $560 $560 $640 50 $5 $500 $550 $600 $650 $650 $750 Golf fees may be increased/decreased at the discretion of the City Manager (Resolution No. 04-350) * Monthly Passes valid 7 days a week and Holidays. Based on 1\10th of the Annual Rate. Proposed Quick Passes CC 04-21-20 289 of 548 DRAFT Supplement to the Non-Residential Jobs-Housing Nexus Study Prepared for: City of Cupertino Prepared by: Keyser Marston Associates, Inc. January 2020 CC 04-21-20 290 of 548 TABLE OF CONTENTS 1.0 INTRODUCTION AND SUMMARY OF FINDINGS ............................................................. 1 1.1 Nexus Supplement Maximum Fee Conclusions .............................................................. 1 2.0 NEXUS ANALYSIS ............................................................................................................ 2 2.1 Methodology Overview ................................................................................................... 2 2.2 Step-by-Step Narrative of Nexus Methodology ............................................................... 3 2.3 Summary of Housing Demand by Income Level ............................................................. 9 2.4 Housing Unit Demand Per Square Foot of Building Area ...............................................10 2.5 Credit for Provision of On-Site Unit ................................................................................10 2.6 Mitigation Costs and Maximum Supported Fee Levels ..................................................11 2.7 Conservative Assumptions ............................................................................................12 LIST OF TABLES Table 1-1. Maximum Fee Conclusions ....................................................................................... 1 Table 2-1. Self-Storage Facility Employment Density Data ........................................................ 3 Table 2-2. Warehouse Facility Employment Density Estimates .................................................. 4 Table 2-3. Steps 1-3 Number of Employees and Households .................................................... 5 Table 2-4. Occupational Distribution .......................................................................................... 6 Table 2-5. Ratio of Household Income to Individual Worker Income .......................................... 7 Table 2-6. 2019 Household Income Limits ................................................................................. 7 Table 2-7. Percent of Households by Size and No. of Workers .................................................. 8 Table 2-8. Estimate of Housing Demand by Occupation and Income Category .......................... 9 Table 2-9. Summary of Worker Households by Income Level per 200,000 Square Feet of Building Area ...........................................................................................................10 Table 2-10. New Worker Households Per Square Foot .............................................................10 Table 2-11. Credit for Provision of On-Site Unit .........................................................................11 Table 2-12. Affordability Gaps ..................................................................................................11 Table 2-13. Maximum Fee Per Square Foot (Total Nexus Cost) ...............................................12 Appendix Table 1. 2018 National Warehouse Worker Distribution by Occupation……………... 13 Appendix Table 2. Average Annual Compensation, 2019, Warehouse Worker Occupations…. 14 Appendix Table 3. Average Annual Worker Compensation, 2019, Self Storage………………... 16 CC 04-21-20 291 of 548 Keyser Marston Associates, Inc. Page 1 \\SF-FS2\wp\11\11413\014\001-001.docx DRAFT 1.0 INTRODUCTION AND SUMMARY OF FINDINGS This report (“Nexus Supplement”) supplements the findings of the City of Cupertino’s (“City”) Non-Residential Jobs-Housing Nexus Study Update, prepared by Keyser Marston Associates, Inc. (“KMA”) in 2015 (“2015 Nexus Study”) by providing additional findings for:  Self-storage; and  Warehouse buildings. These building types are not addressed in the 2015 Nexus Study. The 2015 Nexus Study and this Nexus Supplement establish maximum affordable housing impact fees that may be applied under the City of Cupertino’s Housing Mitigation Program. Maximum fees are determined based on the linkages between new non-residential buildings, the employees who work in them, their demand for affordable housing, and the cost of mitigating the increased affordable housing demand. 1.1 Nexus Supplement Maximum Fee Conclusions Conclusions of this Nexus Supplement regarding the maximum affordable housing impact fees that may be established for self-storage and warehouse uses are summarized in Table 1-1. Findings reflect the cost of mitigating affordable housing impacts of self-storage and warehouse development within the City of Cupertino. Figures in Table 1-1 represent technical impact analysis findings only and are not recommended fee levels. Table 1-1. Maximum Fee Conclusions Building Type Maximum Fee Per Square Foot (1) Self-Storage, employee unit provided $0.56 Self-Storage, employee unit not provided $1.18 Warehouse $41.67 (1) Maximum fee level findings reflect the cost of mitigating affordable housing impacts of new development expressed per square foot of net new gross building area excluding parking. Note: Nexus findings are not recommended fee levels. Maximum fees for self-storage uses are low as a result of the low employment levels within these facilities. Self-storage facilities commonly provide an on-site employee unit. Nexus Supplement maximum fee level findings are presented with and without provision of an employee unit. Projects providing employee housing address a portion of housing demand within the project, reducing housing impacts and resulting maximum supported housing impact fees. Based on the estimated household incomes of self-storage facility mangers, employee units are estimated to address a need for Moderate Income housing. Section 2.0 provides a step-by-step narrative of the analysis methodology, data sources and findings. CC 04-21-20 292 of 548 Keyser Marston Associates, Inc. Page 2 \\SF-FS2\wp\11\11413\014\001-001.docx DRAFT 2.0 NEXUS ANALYSIS This Nexus Supplement quantifies the number of jobs added by development of new self- storage and warehouse facilities, housing needs by income level for workers who hold these jobs and the net cost per square foot of building area to mitigate the increased affordable housing need. The conclusions of the analysis are maximum supportable or legally defensible affordable housing impact fee levels based on the impact of new self-storage and warehouse facilities on the need for affordable housing. Findings are not recommended fee levels. The City is free to take a range of policy considerations into account in setting fees anywhere below the maximums identified in this report. 2.1 Methodology Overview The nexus analysis uses the following general steps:  Number of jobs – The numbers of employees working in self-storage and warehouse buildings are estimated based on employment density data and the assumption of a 200,000 square foot building size, for ease of presentation.  Number of Households – Census data on the average number of workers per working household is used to translate the estimated number of jobs into the estimated number of households.  Household income – Household income is estimated by combining data on the occupation profile of workers from the Bureau of Labor Statistics, compensation data from the California Employment Development Department (EDD) specific to Santa Clara County as of 2019, and Census data relating individual worker income to overall household income.  Housing Need by Income – Household income is compared to published income limits from HCD to determine the housing need by income category.  Mitigation Costs – Maximum supported fees are calculated based on the number of Very Low, Low, and Moderate-Income households and the estimated cost to deliver housing affordable within each income category.  Credit for Employee Unit - Self-storage facilities in the area commonly include an employee unit. Since the employee unit addresses a portion of employee housing demand, a credit or reduction is applied in determining maximum fees for self-storage projects that provide an employee housing unit. CC 04-21-20 293 of 548 Keyser Marston Associates, Inc. Page 3 \\SF-FS2\wp\11\11413\014\001-001.docx DRAFT 2.2 Step-by-Step Narrative of Nexus Methodology This section provides a step-by-step discussion of the nexus analysis methodology. KMA conducted the analysis assuming 200,000 square foot buildings. This building size was selected because 200,000 square feet is representative of the size of new self-storage facilities being developed in the area. At the conclusion of the analysis, the findings are divided by building size to express the linkages per square foot so that findings can be applied to buildings of any size. Following is a description of each step of the analysis: Step 1 – Estimate of Total New Employees The number of employees is estimated as follows:  Self-storage: 3 employees for a 200,000 square foot facility, which equates to approximately one employee per 67,000 square feet of building area; and  Warehouse: 100 employees for a facility with 200,000 square feet, or 2,000 square feet of building area per employee. For self-storage facilities, the employment estimate is based on existing and planned facilities in the cities of Cupertino, Sunnyvale and San Jose as listed in Table 2-1. Information is from City staff reports and phone interviews with staff of the facilities. Table 2-1. Self-Storage Facility Employment Density Data Facility Address City Square Footage Number of Employees Proposed Public Storage Facility* 20565 Valley Green Dr. Cupertino 263,671 4 Proposed Loc-N-Stor Facility* 10655 Mary Avenue Cupertino 167,148 4 A-1 Self-storage 1701 Senter Rd San Jose 107,000 3 Extra Space Storage 106 Lawrence Stn. Rd. Sunnyvale 159,537 2 Average 174,339 3 Average excl. A-1 196,785 3 Sources: City of Cupertino, City staff reports, interviews with facility staff. *Represents redevelopment of existing facility to expand the size. For warehouse facilities, the employment density assumption is based on consideration of the sources summarized in Table 2-2. CC 04-21-20 294 of 548 Keyser Marston Associates, Inc. Page 4 \\SF-FS2\wp\11\11413\014\001-001.docx DRAFT Table 2-2. Warehouse Facility Employment Density Estimates Source Square Feet Per Employee Institute of Transportation Engineers, Trip Generation, Warehousing (1) 781 sf Portland Metro Employment Density Study (2) Wholesale Trade 1,390 sf Transportation and Warehousing 3,290 sf U.S. Department of Energy, Warehousing (1) 2,114 sf Estimate for City of Cupertino Nexus Analysis 2,000 sf (1) Drawn from summary of this data source prepared by U.S. Green Building Council. (2) Technical Report 1999 Employment Density Study. Prepared by Portland Metro. 1999. Step 2 – Adjustment for Changing Industries This step makes an adjustment to employment estimates to account for declines, changes and shifts within all sectors of the economy and to recognize that new space is not always 100% equivalent to net new employees. The local economy, like that of the U.S. as a whole, is constantly evolving, with job losses in some sectors and job growth in others. Over the past decade, employment declined in some manufacturing sectors of the local economy as well as wholesale trade, telecommunications, and governmental employment. Jobs lost in these declining sectors were replaced by job growth in other industry sectors. The analysis makes an adjustment to take these declines, changes and shifts within all sectors of the economy into account, recognizing that jobs added are not 100% net new in all cases. A 15% adjustment is utilized based on the long term shifts in employment that have occurred in some sectors of the local economy over the last decade and the likelihood of continuing changes in the future. Long term declines in employment experienced in some sectors of the economy mean that some of the new jobs are being filled by workers that have been displaced from another industry and who are presumed to already have housing locally. The analysis makes the assumption that existing workers downsized from declining industries are available to fill a portion of jobs in new workplace buildings built in San Jose. The 15% downward adjustment was derived from California Employment Development Department data on employment by industry in the San Jose Sunnyvale Santa Clara MSA. Over the ten-year period from 2008 to 2018, approximately 25,400 jobs were lost in declining industry sectors. Over the same period, growing and stable industries added a total of 218,100 jobs. The figures are used to establish a ratio between jobs lost in declining industries to jobs gained in growing and stable industries at 11.6%, which is rounded up to arrive at the 15% adjustment used in the analysis. The assumption is that 15% of new jobs are filled by a worker down-sized from a declining industry who already lives locally. CC 04-21-20 295 of 548 Keyser Marston Associates, Inc. Page 5 \\SF-FS2\wp\11\11413\014\001-001.docx DRAFT The discount for changing industries represents a conservative assumption because many displaced workers may exit the workforce entirely by retiring. In addition, development of new workspace buildings will typically occur only to the extent there is positive net demand after re- occupancy of buildings vacated by businesses in declining sectors of the economy. To the extent existing buildings are re-occupied, the discount for changing industries is unnecessary because new buildings would represent net new growth in employment. The 15% adjustment is conservative in that it is mainly necessary to cover a special case in which buildings vacated by declining industries cannot be readily occupied by other users due to their special purpose nature, because of obsolescence, or because they are torn down or converted to residential. Step 3 – Adjustment from Employees to Employee Households This step converts the number of employees to the number of employee households, recognizing that that there is, on average, more than one worker per household, and thus the number of housing units needed for new workers is less than the number of new workers. The workers-per-worker-household ratio eliminates from the equation all non-working households, such as retired persons and students. According to the 2013-2017 ACS, the number of workers per worker household in Santa Clara County was 1.83, including full- and part-time workers. The total number of jobs created is divided by 1.83 to determine the number of new households. Steps one through three are illustrated in Table 2-3. Table 2-3. Steps 1-3 Number of Employees and Households Self-Storage Warehouse Step 1 - Estimate of Number of Employees Assumed Building Size (square feet) 200,000 200,000 Employment Density (square feet per employee) 66,667 2,000 Number of Employees 3 100 Step 2 - Net New Employees after 15% Adjustment 2.6 85 Step 3 - Adjustment for Number of Households (1.83) 1.4 46.4 Step 4 – Occupational Distribution of Employees Estimating the occupational breakdown of employees is the first step to arrive at income levels. For self-storage, KMA contacted several local storage facilities to determine employment levels. Based on information provided in discussions with personnel at these facilities, we determined most facilities have between two and four employees. We also reviewed local jobs listings for employment at self-storage facilities. Lastly, we reviewed published data on the self-storage industry. Based on this research, KMA estimated a 200,000 square foot facility would employ one facility manager and two sales staff. CC 04-21-20 296 of 548 Keyser Marston Associates, Inc. Page 6 \\SF-FS2\wp\11\11413\014\001-001.docx DRAFT For the warehouse land use, KMA used published data from the Bureau of Labor Statistics (BLS) 2018 National Industry-Specific Occupational Employment Survey for the warehouse and storage industry (NAICS Code 493100). The BLS data provides a distribution of employee occupations within the warehouse and storage industry sector. Occupations include a mix of primarily transportation and material moving occupations, office and administrative support occupations, and others. Estimated occupations for self-storage and warehouse employees are summarized in Table 2-4. Appendix Table 2 provides a further breakdown of warehouse employees by detailed occupational category. Table 2-4. Occupational Distribution Self-Storage Warehouse Number Employees Number Employee Households* Percent Number Employees Number Employee Households* Percent Occupation Categories Representing 2% or More of employment Management Occupations 1.0 0.5 33.3% 2.7 1.2 2.7% Business and Financial - - - 2.0 1.0 2.0% Sales and Related 2.0 0.9 66.7% 1.2 0.6 1.2% Office and Admin Support - - - 22.5 10.5 22.5% Installation, Maintenance and Repair - - - 2.8 1.3 2.8% Production - - - 2.4 1.1 2.4% Transportation and Material Moving - - - 63.4 29.4 63.4% Subtotal 3.0 1.4 100% 97.1 45.1 97.1% All Other Occupations - - - 2.93 1.36 2.9% Totals 3.0 1.4 100.0% 100.0 46.4 100.0% Source: KMA estimate for self-storage. Bureau of Labor Statistics, 2018 Occupational Employment Survey for Warehouse and Storage. See Appendix Table 2 for additional detail for Warehouse employee occupations. *After adjustments applied in Steps 2 and 3, described above. Step 5 – Estimate of Employee Household Incomes Employee compensations are estimated based on the occupational distribution from Step 4 in combination with publicly available wage and salary information by occupation category from the California Employment Development Department (EDD). Compensation data is as of the first quarter of 2019 and is specific to Santa Clara County. For each occupational category, the OES data provides a distribution of specific occupations within the category. For example, within the Transportation and Material Moving Category, there are Industrial Truck and Tractor Operators, Laborers and Freight Material Movers, First-Line Supervisors, etc. Each of these individual categories has a different distribution of wages which CC 04-21-20 297 of 548 Keyser Marston Associates, Inc. Page 7 \\SF-FS2\wp\11\11413\014\001-001.docx DRAFT was obtained from EDD and is specific to workers in Santa Clara County as of 2019. The detailed occupation and salary data are provided in Appendix A Tables 2 and 3. Worker compensations used in the analysis assume full time employment (40 hours per week) based on EDD’s convention for reporting annual compensation. Compensations as reported by EDD are adjusted upward where applicable to reflect the City of Cupertino’s current minimum wage of $15.35 per hour. Worker household incomes are estimated based upon ratios between individual employee income and household income derived from U.S. Census data for the San Francisco Bay Area as summarized in Table 2-5. Ratios adjust employee incomes upward even for households with only one worker in consideration of non-wage/salary income sources such as child support, disability, social security, investment income and others. Table 2-5. Ratio of Household Income to Individual Worker Income Individual Worker Income One Worker Households Two Worker Households Three or More Workers $25,000 to $50,000 1.26 2.61 3.07 $50,000 to $75,000 1.12 2.05 2.29 $75,000 to $100,000 1.07 1.85 1.93 $100,000 to $150,000 1.05 1.68 1.70 $150,000 to $200,000 1.04 1.53 1.53 $200,000 to $250,000 1.03 1.45 1.45 $250,000 to $300,000 1.03 1.33 1.38 Source: KMA analysis of 2013 to 2017 American Community Survey PUMS data for San Francisco Bay Area. Estimated household incomes are compared to HCD income criteria to determine the percentage that qualify within each income category. The 2019 household income limits for Santa Clara County are shown in the table below. The comparison is made for each potential household size/number of workers combination. The result is a matrix indicating the percentages of households that would qualify in the affordable income tiers for each occupational category and each potential combination of household size and number of workers in the household. Table 2-6. 2019 Household Income Limits Household Size Santa Clara County 1-person 2-person 3-person 4-person 5-person 6-person Very Low Income 50% of AMI $51,250 $58,550 $65,850 $73,150 $79,050 $84,900 Low Income 80% of AMI $72,750 $83,150 $93,550 $103,900 $112,250 $120,550 Moderate Income 120% of AMI $110,400 $126,150 $141,950 $157,700 $170,300 $182,950 AMI = Area Median Income Source: California Department of Housing and Community Development CC 04-21-20 298 of 548 Keyser Marston Associates, Inc. Page 8 \\SF-FS2\wp\11\11413\014\001-001.docx DRAFT Step 6 – Household Size Distribution In this step, the household size distribution of workers is estimated using U.S. Census 2013- 2017 ACS data for Santa Clara County. Data for the County is used since workers are more representative of the larger area in which workers live (the County) than the City of Cupertino. In addition to the distribution in household sizes, the data also accounts for a range in the number of workers in households of various sizes. Table 2-7 indicates the percentage distribution utilized in the analysis. Application of these percentage factors accounts for the following:  Households have a range in size and a range in the number of workers.  Large households generally have more workers than smaller households. Table 2-7. Percent of Households by Size and No. of Workers No. of Persons No. of Workers Percent of Total in Household in Household Households 1 1 14.6% 2 1 13.0% 2 15.0% 3 1 8.3% 2 9.6% 3+ 3.2% 4 1 5.9% 2 8.2% 3+ 5.2% 5 1 2.7% 2 3.7% 3+ 2.3% 6 1 2.5% 2 3.5% 3+ 2.2% Total 100.0% Source: 2013-2017 American Community Survey data for Santa Clara County. Step 7 – Estimate of Households that meet HCD Size and Income Criteria This step in the analysis calculates the number of employee households that fall into each income category for each size household. This calculation is based on combining the household income distribution (Step 5) with the worker household size distribution (Step 6) to arrive at a distribution of worker household by income tier. The result is the estimated number of households in each income tier by occupation category presented in Table 2-8. CC 04-21-20 299 of 548 Keyser Marston Associates, Inc. Page 9 \\SF-FS2\wp\11\11413\014\001-001.docx DRAFT Table 2-8. Estimate of Housing Demand by Occupation and Income Category SELF-STORAGE WAREHOUSE Very Low Low Moderate Over 120% AMI Very Low Low Moderate Over 120% AMI Occupations Representing 2% or more of Employment Management Occupations 0.04 0.08 0.18 0.17 0.01 0.07 0.24 0.93 Business and Financial - - - - 0.05 0.16 0.36 0.38 Sales and Related 0.44 0.24 0.25 - - - - - Office and Admin Support - - - - 3.88 2.94 3.20 0.44 Installation, Maint. Repair - - - - 0.26 0.29 0.58 0.20 Production - - - - 0.39 0.33 0.36 0.06 Transportation - - - - 10.20 8.16 9.27 1.80 Subtotal 0.48 0.32 0.43 0.17 14.79 11.93 14.00 3.80 Other Occupations - - - 0.64 0.52 0.60 0.16 Total 0.48 0.32 0.43 0.17 15.43 12.45 14.61 3.96 Due to the low level of employment within self-storage facilities, affordable unit demand is expressed in terms of fractions of a housing unit within each income category. Fractional unit findings can be interpreted as follows: 1) Fractional unit figures recognize that employees are only partly responsible for the need for housing units that are shared with other household members employed elsewhere. 2) Due to employee turnover, a number of different people may hold the same position(s) over the life of the facility and the household size of employees may change over time. Accordingly, the income category within which employees qualify may vary with time. Fractional unit housing demand figures represent the estimated allocable portion of housing demand by income category over the life of the facility. 2.3 Summary of Housing Demand by Income Level Table 2-9 summarizes the analysis of the number of households in each affordability category, the total number up to 120% of median, and the remaining households earning over 120% of median associated with a 200,000 square foot building. CC 04-21-20 300 of 548 Keyser Marston Associates, Inc. Page 10 \\SF-FS2\wp\11\11413\014\001-001.docx DRAFT Table 2-9. Summary of Worker Households by Income Level per 200,000 Square Feet of Building Area Self-Storage Warehouse Number of Households Percent Number of Households Percent Very Low Income (0%-50% AMI) 0.5 34% 15.4 33% Low Income (50%-80% AMI) 0.3 23% 12.4 27% Moderate Income (80%-120% AMI) 0.4 31% 14.6 31% Subtotal through 120% AMI 1.2 88% 42.5 91% Above Moderate (over 120% AMI) 0.2 12% 3.96 9% Total 1.4 100% 46.4 100% As shown, 88% of self-storage worker housing demand is for housing affordable at the Very Low to Moderate Income level. For warehouse employees, 91% of housing demand is for units affordable from Very Low to Moderate Income. 2.4 Housing Unit Demand Per Square Foot of Building Area The analysis thus far has used 200,000 square foot buildings. In this step, the conclusions are translated to housing demand per square foot of building area by dividing the findings in Table 2-9 by 200,000 square feet. The result is shown in Table 2-10. Table 2-10. New Worker Households Per Square Foot Self-Storage Warehouse Very Low Income (0%-50% AMI) 0.00000239 0.00007716 Low Income (50%-80% AMI) 0.00000161 0.00006616 Moderate Income (80%-120% AMI) 0.00000213 0.00007304 Total up to 120% AMI 0.00000613 0.00021637 This is the summary of the housing nexus analysis, or the linkage from self-storage and warehouse buildings to employees to housing demand, by income level. We believe that it is a conservative approximation that most likely understates the households at each income level generated by this building type. 2.5 Credit for Provision of On-Site Unit As discussed earlier, self-storage facilities commonly provide an onsite housing unit. This is the case for proposed self-storage projects in Cupertino. Providing a housing unit meets or offsets a portion of employee housing demand as documented in the Nexus Supplement; therefore, an adjustment or credit for the provided unit is necessary. The analysis assumes the provided unit would house the facility manager and meets the need for a household in the Moderate Income category. As indicated in Table 2-8, managerial workers are estimated to have a range of household income levels with Moderate Income representing the largest fractional share of CC 04-21-20 301 of 548 Keyser Marston Associates, Inc. Page 11 \\SF-FS2\wp\11\11413\014\001-001.docx DRAFT housing demand. Table 2-11 expresses the credit for a provided on-site housing unit on a per square foot basis by dividing one unit by the 200,000 square foot assumed building area. Table 2-11. Credit for Provision of On-Site Unit On-Site Unit 1 unit Building Area Assumption 200,000 square feet Credit for Provided Housing Unit Per Square Foot of Building Area [offset to housing demand factors summarized in Table 2-10] 0.00000500 2.6 Mitigation Costs and Maximum Supported Fee Levels This section takes the conclusions of Section 2.4 and 2.5 on the number of households in the Very Low, Low and Moderate Income categories and identifies the total cost of assistance required to make housing affordable. The analysis uses the affordability gaps determined in the 2015 Nexus Study as summarized in Table 2-12. Affordability gaps represent the net subsidy required to produce a unit of affordable housing at each income level. Table 2-12. Affordability Gaps Very Low (0% to 50% AMI) $241,000 Low (50% to 80% AMI) $213,000 Moderate (80% to 120% AMI) $123,000 AMI = Area Median Income The last step in the nexus analysis calculates the cost to deliver affordable housing to workers in new self-storage and warehouse facilities. The results are shown in Table 2-13. The demand for affordable units in each income range that is generated per square foot of building area is drawn from Table 2-10. The “Maximum Fee per Square Foot” represents the results of the following calculation: Affordability Gap (Table 2-11) X No. affordable units generated per square foot of building area. (from Table 2-10) = Maximum Fee Per Square Foot of Building Area For purposes of applying a credit for provided employee units, the calculation is the same as illustrated above, except that the figure derived in Table 2-11 is multiplied by the applicable affordability gap for moderate income and the result is credited (subtracted) from the mitigation cost findings to determine the maximum supported fee for self-storage projects providing an employee unit. CC 04-21-20 302 of 548 Keyser Marston Associates, Inc. Page 12 \\SF-FS2\wp\11\11413\014\001-001.docx DRAFT Table 2-13. Maximum Fee Per Square Foot (Total Nexus Cost) Self-Storage Warehouse Very Low Income (up to 50% AMI) $0.58 $18.60 Low Income (50% - 80% AMI) $0.34 $14.09 Moderate (80% - 120% AMI) $0.26 $8.98 Maximum Fee if No On-Site Unit $1.18 $41.67 Credit if On-Site Unit Provided (1) ($0.62) Maximum Fee with One On-Site Unit $0.56 (1) The credit of $0.62 per square foot is calculated based on the affordability gap for moderate income multiplied by the credit for provided housing unit per square foot of building area from Table 2-11. Note: Nexus findings are not recommended fee levels. For Self-Storage, the maximum fee per square foot conclusion is $1.18 per square foot if no employee housing unit is provided and $0.56 per square foot if an employee housing unit is provided. For Warehouse, the maximum supported fee is $41.67 per square foot. Findings apply to the net new building area constructed. These figures represent the maximum impact fee that could be charged to mitigate the impacts on the need for affordable housing. These totals are not recommended fee levels; they represent only the maximums established by this analysis. 2.7 Conservative Assumptions In establishing the maximum impact fees, several conservative assumptions were employed in the analysis that result in a cost to mitigate affordable housing needs that may be understated. These conservative assumptions include:  Only direct employees are counted in the analysis. Although it would be appropriate to include affordable housing impacts associated with off-site / indirect jobs, for simplicity and to provide a conservative analysis, only direct employees are included.  A downward adjustment of 15% has been reflected in the analysis to account for declining industries and the potential that displaced workers from declining sectors of the economy will fill a portion of jobs in new self-storage and warehouse facilities. This is a conservative assumption because many displaced workers may exit the workforce by retiring and the adjustment is only necessary to the extent vacated space is not re- occupied.  Annual incomes for workers reflect full time employment based upon EDD’s convention for reporting the compensation information. In fact, many workers work less than full time; therefore, annual compensations for these workers is likely overstated. In summary, less conservative assumptions could be made that would justify a higher maximum affordable housing impact fee for self-storage and warehouse facilities. CC 04-21-20 303 of 548 APPENDIX TABLE 1 2018 NATIONAL WAREHOUSE WORKER DISTRIBUTION BY OCCUPATION SELF-STORAGE AND WAREHOUSE NEXUS Draft CUPERTINO, CA Major Occupations (2% or more) Management Occupations 30,540 2.7% Business and Financial Operations Occupations 23,480 2.0% Office and Administrative Support Occupations 257,800 22.5% Installation, Maintenance, and Repair Occupations 32,640 2.8% Production Occupations 27,940 2.4% Transportation and Material Moving Occupations 725,670 63.4% All Other Warehouse Occupations 47,400 4.1% INDUSTRY TOTAL 1,145,470 100.0% 2018 National Warehouse Industry Occupation Distribution Source: Bureau of Labor Statistics; Prepared by: Keyser Marston Associates, Inc. Filename: \\SF-FS2\wp\11\11413\014\warehouse appendix 1.31.20; App1; 1/31/2020; dd Page 13 CC 04-21-20 304 of 548 APPENDIX TABLE 2 AVERAGE ANNUAL COMPENSATION, 2019 WAREHOUSE WORKER OCCUPATIONS SELF-STORAGE AND WAREHOUSE NEXUS Draft CUPERTINO, CA % of Total % of Total 2019 Avg.Occupation Warehouse Occupation 1 Compensation 2 Group 3 Workers Page 1 of 2 Management Occupations General and Operations Managers $164,500 35.4%0.9% Administrative Services Managers $145,000 4.4%0.1% Transportation, Storage, and Distribution Managers $141,100 37.3%1.0% Managers, All Other $174,500 4.9%0.1% All Other Management Occupations (Avg. All Categories)$172,100 18.0%0.5% Weighted Mean Annual Wage $156,800 100.0%2.7% Business and Financial Operations Occupations Buyers and Purchasing Agents $80,100 15.8%0.3% Human Resources Specialists $85,800 15.8%0.3% Logisticians $99,800 13.8%0.3% Training and Development Specialists $84,700 12.5%0.3% Market Research Analysts and Marketing Specialists $99,100 5.5%0.1% Business Operations Specialists, All Other $102,500 17.7%0.4% Accountants and Auditors $92,800 9.5%0.2% All Other Business and Financial Operations (Avg. All Categories)$99,300 9.3%0.2% Weighted Mean Annual Wage $92,300 100.0%2.0% Office and Administrative Support Occupations First-Line Supervisors of Office and Administrative Support Workers $71,200 5.6%1.3% Customer Service Representatives $48,000 7.3%1.6% Production, Planning, and Expediting Clerks $65,900 4.5%1.0% Shipping, Receiving, and Traffic Clerks $40,300 23.2%5.2% Stock Clerks and Order Fillers $33,700 38.7%8.7% Office Clerks, General $48,000 5.2%1.2% All Other Office and Administrative Support Occupations (Avg. All Categories)$51,200 15.5%3.5% Weighted Mean Annual Wage $43,300 100.0%22.5% Sources: Bureau of Labor Statistics Prepared by: Keyser Marston Associates, Inc. Filename: \\SF-FS2\wp\11\11413\014\warehouse appendix 1.31.20; app2; 1/31/2020; dd Page 14 CC 04-21-20 305 of 548 % of Total % of Total 2019 Avg.Occupation Warehouse Occupation 1 Compensation 2 Group 3 Workers Page 2 of 2 Installation, Maintenance, and Repair Occupations First-Line Supervisors of Mechanics, Installers, and Repairers $94,200 8.8%0.2% Bus and Truck Mechanics and Diesel Engine Specialists $70,700 9.1%0.3% Maintenance and Repair Workers, General $55,200 60.3%1.7% All Other Installation, Maintenance, and Repair Occupations (Avg. All Categories)$62,200 21.8%0.6% Weighted Mean Annual Wage $61,600 100.0%2.8% Production Occupations First-Line Supervisors of Production and Operating Workers $77,900 8.3%0.2% Assemblers and Fabricators, All Other, Including Team Assemblers $38,100 15.6%0.4% Inspectors, Testers, Sorters, Samplers, and Weighers $52,000 27.2%0.7% Packaging and Filling Machine Operators and Tenders $34,900 16.8%0.4% Production Workers, All Other $40,800 5.3%0.1% All Other Production Occupations (Avg. All Categories)$46,000 26.7%0.7% Weighted Mean Annual Wage $46,900 100.0%2.4% Transportation and Material Moving Occupations First-Line Supervisors of Transportation and Material Moving Workers, Except Aircra $67,800 6.4%4.0% Heavy and Tractor-Trailer Truck Drivers $54,600 7.9%5.0% Industrial Truck and Tractor Operators $45,000 25.3%16.0% Laborers and Freight, Stock, and Material Movers, Hand $39,500 45.4%28.8% Packers and Packagers, Hand $31,900 9.4%6.0% All Other Transportation and Material Moving Occupations (Avg. All Categories)$43,100 5.7%3.6% Weighted Mean Annual Wage $43,400 100.0%63.4% Weighted Average Annual Wage - All Occupations $48,000 95.9% 1 Including occupations representing 4% or more of the major occupation group. 2 3 The methodology utilized by the Bureau of Labor Statistics (BLS) assumes hourly paid employees are employed full-time. Annual compensation is calculated by BLS by multiplying hourly wages by 40 hours per work week by 52 weeks. Compensations are adjusted where applicable to reflect Cupertino's $15.35 minimum wage. Occupation percentages are based on the 2018 National Industry - Specific Occupational Employment survey compiled by the Bureau of Labor Statistics. Wages are based on Occupational Employment Survey data applicable to Santa Clara County as of 2019. Sources: Bureau of Labor Statistics Prepared by: Keyser Marston Associates, Inc. Filename: \\SF-FS2\wp\11\11413\014\warehouse appendix 1.31.20; app2; 1/31/2020; dd Page 15 CC 04-21-20 306 of 548 APPENDIX TABLE 3 AVERAGE ANNUAL WORKER COMPENSATION, 2019 SELF-STORAGE SELF-STORAGE AND WAREHOUSE NEXUS CUPERTINO, CA Draft Estimated No. of 2019 Avg. Occupation 3 Employees Compensation 1 Property, Real Estate, and Community Association Managers 1 $96,900 Retail Salespersons 2 $36,400 1 The methodology utilized by the California Employment Development Department (EDD) assumes hourly paid employees are employed full-time. Annual compensation is calculated by EDD by multiplying hourly wages by 40 hours per work week by 52 weeks. Sources: California Employment Development Department Keyser Marston Associates, Inc. \\SF-FS2\wp\11\11413\014\warehouse appendix 1.31.20; 1/31/2020; dd Page 16 CC 04-21-20 307 of 548 Cost of Services (User Fee) Study Final Report CITY OF CUPERTINO, CALIFORNIA 201 San Antonio Circle, Suite 148 Mountain View, CA 94040 v.650.858.0507 f.650.917.2310 March 2016 CC 04-21-20 308 of 548 TABLE OF CONTENTS 1. EXECUTIVE SUMMARY 3 2. LEGAL FRAMEWORK AND POLICY CONSIDERATIONS 10 3. USER FEE STUDY METHODOLOGY 14 4. RESULTS OVERVIEW 17 5. BUILDING 18 6. ENGINEERING (PUBLIC WORKS) 20 7. GENERAL FEES 25 8. PLANNING 32 9. RECREATION SERVICES 36 10. COMPARATIVE MARKET SURVEY 44 11. CONCLUSION 47 ATTACHMENTS: • PLAN CHECK – NEW CONSTRUCTION FEE SCHEDULE • INSPECTION – NEW CONSTRUCTION FEE SCHEDULE • MECHANICAL, ELECTRICAL, PLUMBING FEE SCHEDULES • MISCELLANEOUS FEES (BUILDING) • COMPARATIVE SURVEY CC 04-21-20 309 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 3 1. EXECUTIVE SUMMARY The report, which follows, presents the results of the Cost of Services (User Fee) Study conducted by the Matrix Consulting Group for the City of Cupertino. 1. PROJECT BACKGROUND AND SCOPE OF WORK The Matrix Consulting Group analyzed the cost of service relationships that exist between fees for service activities related to building permits, planning applications, public works, general services, and parks and recreation. The results of this Study provide a tool for understanding current service levels, the cost and demand for those services, and what fees for service can and should be charged. 2. GENERAL PROJECT APPROACH AND METHODOLOGY The methodology employed by the Matrix Consulting Group is a widely accepted “bottom up” approach to cost analysis, where time spent per unit of fee activity is determined for each position within a division. Once time spent for a fee activity is determined, all applicable City costs are then considered in the calculation of the “full” cost of providing each service. The table on the following page provides an overview of types of costs applied in establishing the “full” cost of services provided by each Department included in this Study: Cost Component Description Direct Fiscal Year 2015/16 Adopted Budgeted salaries, benefits and allowable expenditures. Overhead Division and departmental administration / management and clerical support, along with Citywide overhead as calculated through the Cost Allocation Plan. Supporting (Cross) Unit Review Where applicable, direct and indirect costs associated with external divisions’ assistance. CC 04-21-20 310 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 4 Together, the cost components in the table above comprise the calculation of the total “full” cost of providing any particular service, whether a fee for that service is charged or not. The work accomplished by the Matrix Consulting Group in the analysis of the proposed fees for service involved the following steps: • Divisional Staff Interviews: The project team interviewed staff in each division regarding their needs for clarification to the structure of existing fee items, or for addition of new fee items. • Data Collection: Data was collected for each item, including time estimates and volume of activity. In addition, all budgeted costs and staffing levels for Fiscal Year 15/16 were entered into the Matrix Consulting Group’s analytical software model. • Cost Analysis: The full cost of providing each service included in the analysis was established. Cross-checks including allocation of not more than 100% of staff resources to both fee and non-fee related activities assured the validity of the data used in the Study. • Review and Approval of Results with City Staff: Department and City management have reviewed and approved these documented results. A more detailed description of user fee methodology, as well as legal and policy considerations are provided in subsequent chapters of this report. 3. CURRENT COST RECOVERY When comparing Fiscal Year 15/16 budgeted expenditures with revenue generated in Fiscal Year 14/15 the City is under-recovering its costs by approximately $7,248,000 per year for Building, Planning, Engineering, and Recreation services. The table on the following page presents a summary of results by Department / Division for the City of Cupertino: CC 04-21-20 311 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 5 Department / Division FY15 Revenue1 FY16 Budget Surplus / (Deficit) Current Cost Recovery Percentage Building $2,401,459 $3,388,927 $(987,468) 71% Engineering $1,039,185 $1,716,277 $(677,092) 61% Planning $651,759 $1,510,364 $(858,605) 43% Recreation Services $5,719,171 $10,443,575 $(4,724,404) 55% TOTAL $9,811,574 $17,059,143 $(7,247,569) 58% The table above shows that Building has the highest cost recovery for its services at 71%, while Planning services has the lowest cost recovery percentage at 43%. The largest subsidy provided by the City is related to Recreation Services, however, this is a typical phenomenon seen for Recreation services as those services are heavily subsidized to provide benefit to the community. While Recreation Services is part of this study, these programs and fees are routinely reviewed, and cost recovery is constantly being monitored, as market driven factors heavily influence fee-setting policies. As such, the $4,724,000 subsidy associated with Recreation Services should not be a focal point in this study. Therefore, excluding Recreation Services from the above calculation, the City is actually under- recovering by approximately $2,500,000 annually for its Building, Engineering, and Planning services. 4. SUMMARY OF FEE-RELATED RESULTS To provide additional context to the $2.5 million under-recovery shown in the previous section, the project team analyzed the City’s cost recovery in the context of fee-related services and fee-related annual costs. Based upon this information, the study concluded that the City under-recovers its fee-related costs by approximately $1,377,000 per year. While the detailed documentation of the Study will show an over- collection in some divisions and / or certain fees (on a per unit basis), and an 1 This is based on FY 14-15 unaudited actuals. CC 04-21-20 312 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 6 undercharge for others, overall, the City is providing an annual subsidy to fee payers for all services included in the analysis. The following table presents a summary of results by Department / Division for the City of Cupertino: Department / Division Fee- Related Revenue2 Annual Cost3 Surplus / (Deficit) Current Cost Recovery Percentage Building4 $2,224,555 $2,983,276 $(758,722) 75% Engineering $527,765 $634,520 $(106,755) 83% Planning $517,406 $1,018,683 $(501,277) 51% TOTAL $3,269,726 $4,636,479 $(1,366,754) 71% The table above shows that all of the divisions are under-recovering for their fee- related Services. The largest source of the under-recovery, 56%, is associated with the Building Division at $759,000. While at a divisional level Engineering is under- recovering its costs by approximately $680,000, on a fee-related basis its subsidy is only $107,000 annually. Likewise, the Planning Division is under-recovering its costs by $860,000 annually, whereas fee-related costs are only showing a subsidy of $500,000. The display of the cost recovery figures shown in this report are meant to provide a basis for policy development discussions among Council members and City staff, and do not represent a recommendation for where or how the Council should take action. The setting of the “rate” or “price” for services, whether at 100 percent full cost recovery or lower, is a policy decision to be made only by the Council, often with input from City staff and the community. 2 This is the total revenue for fee-related services and has been calculated utilizing workload and volume statistics provided by the Department and current fee information. 3 This represents fee-related annual costs for providing services. 4 The revenue for building is annualized based upon about 70% of permit volume data that could be translated. 30% of permit volume data was classified as general residential and commercial permits and could not be broken out into the appropriate fee categories. CC 04-21-20 313 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 7 5. CONSIDERATIONS FOR COST RECOVERY POLICY AND UPDATES The Matrix Consulting Group recommends that the City use the information contained in this report to discuss, adopt, and implement a formal Cost Recovery Policy, and also to implement a mechanism for the annual update of fees for service. (1) Adopt a Formal Cost Recovery Policy The Matrix Consulting Group strongly recommends that the Council adopt a formalized, individual cost recovery policy for each department included in this Study. Whenever a cost recovery policy is established at less than 100% of the full cost of providing services, a known gap in funding is recognized and may then potentially be recovered through other revenue sources. The following table presents typical cost recovery levels seen in other jurisdictions: Department Typical Cost Recovery Building 80 – 100% Planning 50 – 80% Public Works 80 – 100% Parks & Rec 20 – 40% Information presented in the table above is based on the Matrix Consulting Group’s experience in analyzing local government’s operations across the United States and in California, and reflects the typical cost recovery levels observed by local adopting authorities. The graph on the following page depicts how Cupertino compares to industry cost recovery standards. CC 04-21-20 314 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 8 As the graph above shows, Recreation Services has a cost recovery percentage higher than the typical cost recovery seen for those Departments. While Planning and Public Works (Engineering) have cost recovery percentages that while within the typical range are at the low end of cost recovery. The Building Division is the only division that has a cost recovery level lower than that is seen of other typical building departments or divisions. In recent years, more local jurisdictions have adopted formal cost recovery policies at the department / division level. The Matrix Consulting Group considers a formalized cost recovery policy for various fees for service an industry Best Management Practice. 75% 51% 83% 42% 0% 20% 40% 60% 80% 100% 120% Building Planning Public Works Parks & Rec Current Cost Recovery vs. Typical Cost Recovery Typical Cost Recovery Current CC 04-21-20 315 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 9 (2) Adopt an Annual Fee Update / Increase Mechanism The purpose of a comprehensive update is to completely revisit the analytical structure, service level estimates and assumptions applied in the previous study, and to account for any major shifts in cost components or organizational structures. The Matrix Consulting Group believes it is a best management practice to perform a complete update of a Fee Assessment every 3 to 5 years. In between comprehensive updates, the City could utilize published industry economic factors such as CPI or other regional factors to update the cost calculations established in the Study on an annual basis. The City could also consider the use of its own anticipated labor cost increases such as step increases, benefit enhancements, or cost of living raises. Alternatively, the project team will provide the City with user fee models, which can be utilized to update time estimates and costs on an annual basis. Utilizing an annual increase mechanism would ensure that the City receives appropriate fee and revenue increases that reflect growth in costs. CC 04-21-20 316 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 10 2. LEGAL FRAMEWORK AND POLICY CONSIDERATIONS A “user fee” is a charge for service provided by a governmental agency to a public citizen or group. In California, several constitutional laws such as Propositions 13, 4, and 218, State Government Codes 66014 and 66016, and more recently Prop 26 and the Attorney General’s Opinion 92-506 set the parameters under which the user fees typically administered by local government are established and administered. Specifically, California State Law, Government Code 66014(a), stipulates that user fees charged by local agencies “…may not exceed the estimated reasonable cost of providing the service for which the fee is charged”. 1. GENERAL PRINCIPLES AND PHILOSOPHIES REGARDING USER FEES Local governments are providers of many types of general services to their communities. While all services provided by local government are beneficial to constituents, some services can be classified as globally beneficial to all citizens, while others provide more of a direct benefit to a specific group or individual. The following table provides examples of services provided by local government within a continuum of the degree of community benefit received: Services that Provide General “Global” Community Benefit Services that Provide Both “Global” Benefit and also a Specific Group or Individual Benefit Services that Provide a Primary Benefit to an Individual or Group, with less “Global” Community Benefit • Police • Park Maintenance • Recreation / Community Services • Fire Suppression / Prevention • Building Permits • Planning and Zoning Approval • Site Plan Review • Engineering Development Review • Facility Rentals CC 04-21-20 317 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 11 Funding for local government is obtained from a myriad of revenue sources such as taxes, fines, grants, special charges, user fees, etc. In recent years, alternative tax revenues, which typically offset subsidies for services provided to the community, have become increasingly limited. These limitations have caused increased attention on user fee activities as a revenue source that can offset costs otherwise subsidized (usually) by the general fund. In table 4 on the previous page, services in the “global benefit” section tend to be funded primarily through voter approved tax revenues. In the middle of the table, one typically finds a mixture of taxes, user fee, and other funding sources. Finally, in the “individual / group benefit” section of the table, lie the services provided by local government that are typically funded almost entirely by user fee revenue. The following are two central concepts regarding the establishment of user fees: • Fees should be assessed according to the degree of individual or private benefit gained from services. For example, the processing and approval of a land use or building permit will generally result in monetary gain to the applicant, whereas Police services and Fire Suppression are examples of services that are essential to the safety of the community at large. • A profit making objective should not be included in the assessment of user fees. In fact, California laws require that the charges for service be in direct proportion to the costs associated with providing those services. Once a charge for service is assessed at a level higher than the actual cost of providing a service, the term “user fee” no longer applies. The charge then becomes a tax subject to voter approval. Therefore, it is commonly accepted that user fees are established at a level that will recover up to, and not more than, the cost of providing a particular service. 2. GENERAL POLICY CONSIDERATIONS REGARDING USER FEES Undoubtedly, there are programs, circumstances, and services that justify a subsidy from a tax based or alternative revenue source. However, it is essential that jurisdictions prioritize the use of revenue sources for the provision of services based on CC 04-21-20 318 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 12 the continuum of benefit received. Within the services that are typically funded by user fees, the Matrix Consulting Group recognizes several reasons why City staff or the Council may not advocate the full cost recovery of services. The following factors are key policy considerations in setting fees at less than 100 percent of cost recovery: • Limitations posed by an external agency. The State or an outside agency will occasionally set a maximum, minimum, or limit the jurisdiction’s ability to charge a fee at all. An example includes time spent copying and retrieving public documents in the City Clerk’s office. • Encouragement of desired behaviors. Keeping fees for certain services below full cost recovery may provide better compliance from the community. For example, if the cost of a permit for changing a water heater in a residential home is higher than the cost of the water heater itself, many citizens will avoid pulling the permit. • Affect on demand for a particular service. Sometimes raising the “price” charged for services might reduce the number of participants in a program. This is largely the case in Recreation programs such as camps or enrichment classes, where participants often compare the City’s fees to surrounding jurisdictions or other options for leisure activities. • Benefit received by user of the service and the community at large is mutual. Many services that directly benefit a group or individual equally benefit the community as a whole. Examples include Recreation programs, Planning Design Review, historical dedications and certain types of special events. The Matrix Consulting Group recognizes the need for policies that intentionally subsidize certain activities. The primary goals of a User Fee Study are to provide a fair and equitable basis for determining the costs of providing services, and assure that the City is in compliance with State law. Once the full cost of providing services is known, the next step is to determine the “rate” or “price” for services at a level which is up to, and not more than the full cost amount. The Council is responsible for this decision, which often becomes a question of CC 04-21-20 319 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 13 balancing service levels and funding sources. The placement of a service or activity within the continuum of benefit received may require extensive discussion and at times fall into a “grey area”. However, with the resulting cost of services information from a User Fee Study, the Council can be assured that the adopted fee for service is reasonable, fair, and legal. CC 04-21-20 320 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 14 3. USER FEE STUDY METHODOLOGY The Matrix Consulting Group utilizes a cost allocation methodology, commonly known and accepted as the “bottom-up” approach to establishing User Fees. The term means that several cost components are calculated for each fee or service. These components then build upon each other to comprise the total cost for providing the service. The components of a full cost calculation are typically as follows: Cost Component Description Direct Salaries, benefits and allowable departmental expenditures. Departmental Overhead Division or Departmental administration / management and clerical support. Citywide Overhead City costs associated with central service costs such as payroll, human resources, budgeting, City management, etc. Established for this Study through a separate Study performed by the Matrix Consulting Group. Cross-Departmental Support Costs associated with review or assistance in providing specific services. For example, costs established via study of the Building department for intake and routing of Planning applications and permits are included as an applicable cost toward Planning fees for service. The general steps utilized by the project team to determine allocations of cost components to a particular fee or service are: • Calculate the fully burdened hourly rate for each position, including direct and indirect costs; • Develop time estimates for each service included in the study; • Ensure that not more than 100% of a position’s time is allocated between fee and non-fee services. The result of these allocations provides detailed documentation for the reasonable estimate of the actual cost of providing each service. The following are critical points about the use of time estimates and the validity of cost allocation models. CC 04-21-20 321 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 15 1. TIME ESTIMATES ARE A MEASURE OF SERVICE LEVELS REQUIRED TO PERFORM A PARTICULAR SERVICE One of the key study assumptions utilized in the “bottom up” approach is the use of time estimates for the provision of each fee related service. Utilization of time estimates is a reasonable and defensible approach, especially since experienced staff members who understand service levels and processes unique to the City of Cupertino, developed these estimates. The project team worked closely with each Department’s staff in developing time estimates with the following criteria: • Estimates are representative of average times for providing services. Extremely difficult or abnormally simple projects are excluded from the analysis. • Estimates reflect the time associated with the position or positions that typically perform a service. • Estimates provided by staff are reviewed and approved by the department, and often involve multiple iterations before a Study is finalized. • Estimates are reviewed by the project team for “reasonableness” against their experience with other agencies. • Estimates were not based on time in motion studies, as they are not practical for the scope of services and time frame for this project. The Matrix Consulting Group agrees that while the use of time estimates is not perfect, it is the best alternative available for setting a standard level of service for which to base a jurisdiction’s fees for service, and it meets the requirements of California law. The alternative to time estimating is actual time tracking, often referred to billing on a “time and materials” basis. Except in the case of anomalous or sometimes very large and complex projects, the Matrix Consulting Group believes this approach to not be cost effective or reasonable for the following reasons: CC 04-21-20 322 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 16 • Accuracy in time tracking is compromised by the additional administrative burden required to track, bill, and collect for services in this manner. • Additional costs are associated with administrative staff’s billing, refunding, and monitoring deposit accounts. • Customers often prefer to know the fees for services in advance of applying for permits or participating in programs. • Applicants may request assignment of less expensive personnel to their project. • Departments can better predict revenue streams and staff needs using standardized time estimates and anticipated permit volumes. Situations arise where the size and complexity of a given project warrants time tracking and billing on a “time and materials” basis. The Matrix Consulting Group has recommended taking a deposit and charging Actual Costs for such fees as appropriate and itemized in each department. 2. CROSS CHECKS ENSURE THE VALIDITY OF OUR ANALYTICAL MODEL In addition to the collection of time estimate data for each fee or service included in the User Fee Study, annual volume of activity data assumptions are also a critical component. By collecting data on the estimated volume of activity for each fee or service, a number of analyses are performed which not only provide useful information to departments regarding allocation of staff resources, but also provide valuable cross checks that ensure the validity of each cost allocation model. This includes assurance that 100% of staff resources are accounted for and allocated to a fee for service, or “other non fee” related category. Since there are no objectives to make a profit in establishing user fees, it is very important to ensure that services are not estimated at a level that exceeds budgeted resource capacity. By accounting for not more than 100% of staff resources, no more than 100% of costs will be allocated through the Study. CC 04-21-20 323 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 17 4. RESULTS OVERVIEW The motivation behind a cost of services (User Fee) analysis is for the City Council and City staff to maintain services at a level that is both accepted and effective for the community, and also to maintain control over the policy and management of these services. It should be noted that the results presented in this report are not a precise measurement. In general a cost of service analysis takes a “snapshot in time”, where a fiscal year of adopted budgeted cost information is compared to the same fiscal year of revenue, and workload data available. Changes to the structure of fee names, along with the use of time estimates allow only for a reasonable projection of subsidies and revenue. Consequently, the Council and City staff should rely conservatively upon these estimates to gauge the impact of implementation going forward. Discussion of each department / division’s results in the following chapters is intended as a summary of extensive and voluminous cost allocation documentation produced during the Study. Each chapter will include detailed cost calculation results for each department / division including the following: • Modifications or Issues: discussions regarding any revisions to the current fee schedule, including elimination or addition of fees. • “Per Unit” Results: comparison of the full cost of providing each unit of service to the current fee for each unit of service (where applicable). • Annualized Results: utilizing volume of activity estimates annual subsidies and revenue impacts were projected. The full analytical results associated with each department / division were provided to City staff under separate cover from this summary report. CC 04-21-20 324 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 18 5. BUILDING The Building division of the Community Development Department is committed to safeguarding life, health, property and public welfare through the administration and enforcement of the uniform building codes and adopted City ordinances and policies. Specifically, the Building division provides the following services: • Plan review and permit issuance of all proposed construction to assure compliance with all state and local building codes. • Explaining codes, ordinances, requirements and regulations that apply to individual building projects. • Assisting the public with their concerns about public safety within their homes or places of business. • Providing building inspection services for all privately funded development. The fees included for examination in this study relate to plan review and inspection of buildings and structures within the City of Cupertino. 1. NEW CONSTRUCTION PLAN CHECK AND INSPECTION SERVICES Currently, the City of Cupertino assesses new construction plan check and inspection fees based upon square footage, occupancy, and construction type. The last fee study was done in 2007, which converted the City from a valuation based fee schedule to a square-footage based fee schedule. While the City has updated its building fees annually based upon a CPI and / or COLA they had not accounted for changes in processes and permitting systems. The project team worked with staff to alter time estimates for all building fees to better reflect current building division processes and requirements. The attachment to this report shows the new Plan Check and Inspection Fee Schedule for New Construction. CC 04-21-20 325 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 19 2. MECHANICAL, ELECTRICAL, AND PLUMBING PERMITS The City of Cupertino currently charges flat fees for all of its mechanical, electrical, and plumbing permits. Similar to new construction, the project team worked with staff to revise the time estimates associated with plan check, inspection, and issuance of these permits. Based upon a per unit analysis, the division is recovering on average approximately 89% of its costs related to these services. The complete Mechanical, Electrical, and Plumbing Fee analysis is attached to this report. 3. MISCELLANEOUS BUILDING SERVICES In addition to New Construction and Mechanical, Electrical, and Plumbing Permits, the City of Cupertino also processes additional building services by charging a flat fee. These miscellaneous services include remodels, additions, reroofing, swimming pools, etc. Similar to other building services, the project team to staff to revise time estimates where appropriate to account for changes in processes. For example, currently there was a huge difference in fees for remodels where if someone had a remodel at 999 square feet they were a charged significantly lower fee than if their remodel was 1,000 square feet. Due to changes in requirements and processes the plan check and inspection time estimates for this service was revised down. Overall, on a per unit basis miscellaneous fees on average are recovering approximately 136%. The complete miscellaneous fee analysis is provided in the appendix to this report. CC 04-21-20 326 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 20 6. ENGINEERING (PUBLIC WORKS) The Engineering division of the Public Works Department is responsible for reviewing plans and applications for private developments to ensure conformance with City standards, including work related to onsite grading and drainage operations. Additionally, the division issues encroachment permits and conducts inspections of any work within the Public Right of Way. The fees examined within this study relate to Parcel Maps, Development Inspections, Grading Permits, Street Cuts, Block Parties, and other fees associated with tasks performed by the Engineering Division. 1. FEE SCHEDULE MODIFICATIONS There were several modifications made to the Public Works Fee Schedule, which included eliminating fees and developing new ranges for current fee categories. The Division eliminated Pool Permit under Encroachment Permits, as this process has been incorporated into other permitting processes. Similarly, the Division also eliminated Comprehensive Neighborhood Traffic Requests from its Traffic Fees schedule, as this service is no longer provided. The Division expanded certain fee categories to account for differences in service levels. Engineering staff expanded the Rural / Semi-Rural Application from one fee into two separate fees to account for two different processes – application and implementation. This same breakout was also applied to the Permit Parking Study. The thought process behind this was that the application portion would cover staff time related to reviewing the application without any implementation happening and as such if the applicant decided to withdraw their application without implementing a parking CC 04-21-20 327 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 21 permit zone then the department would at least to be able to recover for the application review process. Additionally, the Vacation Street of Right-of-Way fees were expanded to account for two different vacation processes – Summary & Full. During discussions with Engineering Staff the decision was made to alter the current structure of Grading Permits as they are currently based on either a flat fee or percentage of improvement cost. Staff identified developing two new ranges: Less than 10,000 square feet, and greater than 10,000 square feet. The first range will be flat fee, while there will be a deposit or percentage applied for the second range. Lastly, the fee schedule was also modified to include an “Additional Plan Review” fee that will be applied to each subsequent plan review from three reviews and beyond, to be consistent with other development services fee schedules. 2. DETAILED RESULTS The following table details the current fee charged for each fee category, the total cost calculated through this study, and the resulting surplus or deficit. Fee Name Current Fee Total Cost Per Unit5 Surplus / (Deficit) per Unit ENGINEERING FEES Banners: Large Across Stevens Creek Blvd $412 $449 $(37) Small - on light poles (20 poles) $811 $1,139 $(328) Certificates of Compliance $1,540 $2,461 $(921) Certificates of Correction $169 $703 $(534) Encroachment Permits: Minor Utility Permit $263 $272 $(9) Minor $263 $394 $(131) Major $525 $678 $(153) Work Without Permit – 2x original permit cost (fine) Grading Permit <10,000 s.f. lot $2,618 $838 $1,780 10,000 s.f. - 1 Acre Lot or Hillside $2,618 $2,825 $(207) 1+ Acre Lot - based on scope $- $- $- Lot Line Adjustment $3,012 $2,477 $535 5 If there is no cost in this column it is because it is a deposit-based fee, a fine, or a pass-through cost and was not assessed as part of this study. All deposit-based fees are assessed on scope. CC 04-21-20 328 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 22 Fee Name Current Fee Total Cost Per Unit5 Surplus / (Deficit) per Unit Parcel Map / Tract Map (Map Checking Fees): Parcel Map (1-4 lots) $4,254 $4,973 $(719) Tract Map (>4 lots) $8,831 $8,165 $666 Plan Check & Inspection: Review of building permit only $655 $741 $(86) Review of Public / Private Improvement Plans: $- $- $- Residential - greater of $2,788 or 5% $2,788 $3,349 $(561) Commercial - Greater of $4,498 or 6% $4,498 $6,266 $(1,768) Additional Plan Review - beyond 3 reviews - New $- $165 $(165) Public Works Confirmation $282 $329 $(47) Rural / Semi-Rural Application: Application $771 $1,533 $(762) Implementation - New $- $938 $(938) Storm Management Plan Fee $715 $1,208 $(493) Stormwater Inspections: (Commercial) Initial Inspection – No charge $0 $- $- Re-inspection for Violations $103 $240 $(137) Streamside Modification Permit $409 $301 $108 Street Cuts: Minor Street Cuts $655 $1,086 $(431) Major Street Cuts $1,703 $2,192 $(489) Special Major Street Cuts – based on scope $- $- $- Vacation of Street of Right-of-Way Summary $603 $1,882 $(1,279) Full - New $603 $2,927 $(2,324) TRAFFIC FEES Block Party $- $533 $(533) Permit Parking Study Application $1,128 $938 $190 Implementation - New $- $767 $(767) Parking Permit Fee - New $- $4 $(4) Special Events & Parade $1,400 $2,754 $(1,354) Additional Engineering Investigation or Coordination $60 $165 $(105) The table above shows that Engineering is under-recovering for the majority of its fees, and this under-recovery ranges from a low of $9 to a high of $2,324. There are some fees for which the division is over-recovering; however, this over-recovery ranges from a low of $108 to a high of $1,780. The over-recovery shown for Grading Permits for projects less than 10,000 square feet is one of the reasons that the Division has requested additional ranges be added to the fee schedule to better capture the level of effort in performing plan review and inspection services for those types of grading permits. CC 04-21-20 329 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 23 3. REVENUE IMPACTS The division’s cost recovery level of 83% is fairly typical of other Engineering divisions / departments. The following table shows the volume associated with each fee category, the current revenue, projected annual cost, and associated annual deficit. Fee Name Annual Volume Revenue at Current Fee Total Annual Cost Annual Surplus / (Deficit) ENGINEERING FEES Encroachment Permits: Minor Utility Permit Minor 180 $47,340 $70,981 $(23,641) Major 38 $19,950 $25,757 $(5,807) Work Without Permit Grading Permit <10,000 s.f. lot 9 $23,562 $7,544 $16,018 10,000 s.f. - 1 Acre Lot or Hillside 1+ Acre Lot Lot Line Adjustment 4 $12,048 $9,908 $2,140 Parcel Map / Tract Map (Map Checking Fees): Parcel Map (1-4 lots) 3 $12,762 $14,919 $(2,157) Tract Map (>4 lots) Plan Check & Inspection: Review of building permit only 430 $281,650 $318,762 $(37,112) Streamside Modification Permit 10 $4,090 $3,012 $1,078 Street Cuts: Minor Street Cuts 62 $40,610 $67,311 $(26,701) Major Street Cuts 50 $85,150 $109,621 $(24,471) Special Major Street Cuts Vacation of Street of Right-of-Way Summary 1 $603 $1,882 $(1,279) Full TRAFFIC FEES Parking Permit Fee 1,179 $4,824 $(4,824) TOTAL $527,765 $634,520 $(106,755) As shown in the table above, the City is currently subsidizing its engineering fees by approximately $107,000. The largest subsidy is associated with review of building permits, followed by the minor street cuts, major street cuts, and minor encroachment permits. The current per unit subsidy for review of building permits is only $86 per unit, but due to the high volume of building permits this translate to an annual subsidy of $37,000. If the city were to raise the review of building permits fees to full cost, it could CC 04-21-20 330 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 24 cut its subsidy by $37,000 and increase its cost recovery from 83% to 89%. Additionally, the table above also shows that currently the city is subsidizing the parking permit program annually by approximately $4,800, which translates to about $4 per parking permit. If the City chose to charge a parking permit fee, it could either charge $4 per year or $8 per two years (when it issues the permit) to recover the material and staff costs associated with managing and issuing parking permits. CC 04-21-20 331 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 25 7. GENERAL FEES Several of the fees that were included in the fee study did not belong to a specific department or division and were included as part of the General Fee Schedule. As the study evaluated all fees for service, business license applications, database requests, code enforcement permits, and other City Clerk services were included as part of the study. 1. MODIFICATIONS TO THE FEE SCHEDULE Similar to other Departments / Divisions, there were several modifications made to the General Services Fee Schedule. These modifications primarily consisted of eliminating fees that are either no longer relevant to the City or represent outdated processes. The following points list all of the fees that have been eliminated from the General Services fee schedule: • Budget Documents – CD Only • CAFR – CD Only • Massage (all therapist related fees) • VHS & Audio Cassette fees in Video & Audio Reproduction For the first two fees listed above, both of those documents are available on the City’s website, as such, staff decided that there was no need to charge citizens for reproducing the document as they would simply direct them to the website. In regards to the Massage Therapist fees, the State currently licenses all Massage Therapists and the city no longer provides that permitting service; neither does it have the staffing qualifications or capabilities to provide that service. Therefore all of those fees were CC 04-21-20 332 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 26 eliminated. Lastly, VHS & Audio Cassettes were eliminated from the fee schedule as this technology is outdated and even if requested by a citizen the City would not be able to reproduce video or audio documentation on those forms of media. 2. BUSINESS LICENSE FEES A cost of service study does not typically evaluate business licenses itself as that is a tax; however, certain processes associated with business licenses, such as printing databases, issuing duplicating business licenses, processing false alarm notifications, and issuing new business monthly reports. The following table shows the current fee category, the current fee charged, the total cost per unit, and the associated surplus / deficit. Fee Name Current Fee Total Cost Per Unit Surplus / (Deficit) per Unit Business License Database $114 $19 $95 Duplicate Business Licenses $30 $10 $20 False Alarms $164 $76 $88 New Business Monthly Reports $24 $342 $(318) As the table above shows that except for one fee category, this set of fees is over-recovering for all other fees. The difference in fees is due to changes in processes since the last time the fee was assessed, as now there is a system in place for issuing duplicate business licenses and developing the monthly reports and databases. Currently, business license fees are annually recovering approximately 205% of its costs; however, this percentage only reflects an over-recovery of $5,000. The table on the following page shows the fee category, the annual volume, the revenue at current fee, the total cost, and the associated annual surplus / deficit with each business license fee-for-service included in the study. CC 04-21-20 333 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 27 Fee Name Annual Volume Revenue at Current Fee Total Annual Cost Annual Surplus / (Deficit) Business License Database 2 $228 $38 $190 Duplicate Business Licenses 40 $1,200 $380 $820 False Alarms 50 $8,200 $3,801 $4,399 New Business Monthly Reports 20 $483 $703 $(220) TOTAL $10,111 $4,922 $5,189 As the table above shows the primary source of over-recovery for business licenses is associated with False Alarms. Typically in many jurisdictions a false alarm fine is imposed rather than a fee, as it is only applied after the first or second false alarm. As it is not a fee-for-service it is not held to the same limitations and requirements as printing a duplicate business license. The cost in this table just provides the City with the knowledge that their current fine accounts for beyond the cost associated with processing and generating false alarm notification letters. 3. CITY CLERK FEES There are two fee categories on the General Services Fee Schedules for which the City Clerk charges fees that are not either County or State set fees. These two fee categories relate to providing documents to citizens or for processing petitions for reconsideration. The current fee schedule for providing video and / or documentation to citizens is through a VHS, DVD, CD, or Audio Cassette. As the technology associated with VHS and Audio Cassettes is outdated the city has decided to remove these two fees and replace it with a USB / Flashdrive category. Additionally, currently the City does not charge material costs associated with providing DVDs or CDs. Therefore, the project team suggested that the City consider either incorporating the material costs directly into the fee or adding a plus materials cost designation to the fee. The following table CC 04-21-20 334 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 28 presents the current / proposed fee categories, the current fee, the total cost per unit, and the associated surplus / deficit. Fee Name Current Fee Total Cost Per Unit – Staff Time Only Total Cost Per Unit (Including Materials) Surplus / (Deficit) per Unit Flash Drive $0 $37 $49 $(49) CD $13 $37 $37.50 $(24.50) DVD $22 $37 $38.50 $(25.50) As the table above shows the City Clerk is under-recovering for audio / video reproduction services, not only in terms of material costs but also in terms of staff time. Depending upon the volume of these audio / video reproduction requests the City should not only consider raising the base fee but also charging material costs, especially as it relates to flash drives. In addition to audio / video reproduction services, the City Clerk’s office is also the primary starting point for the petitions for reconsideration application. This application is / can be routed to multiple departments for an initial review and can then require additional meetings and reviews. During discussions with City staff it was decided that this fee was meant to not only account for the intake and routing of the application by the City Clerk’s department but also review of the application and handling by other departments. Currently, the City charges approximately $273 for each petition, whereas the total cost of providing that service is $288. It is the project teams recommendation that the City increase the current fee by $15 to its full cost to account for staff time in reviewing these petitions. 4. CODE ENFORCEMENT FEES The last set of fees includes as part of the study on the General Services Fee Schedule related to Code Enforcement. Code Enforcement is involved with inspecting CC 04-21-20 335 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 29 and issuing permits related to handbills, massage establishments, sign removals, solicitor permits, use permits, trash fees, and bingo permits. The following table lists the current fee category, the current fee, the total cost per unit and the associated surplus / (deficit): Fee Name Current Fee Total Cost Per Unit Surplus / (Deficit) Handbill Permit - Initial $67 $124 $(57) Renewals $34 $62 $(28) Massage Establishment Fee (fingerprinting / background check / initial inspection) $378 $278 $100 Renewal $97 $93 $4 Massage Managing Employee (fingerprinting & background check) $313 $247 $66 Renewals $65 $93 $(28) Massage Permit Appeal $168 $618 $(450) Sign Removal - Public Right of Way $5 $93 $(88) Sign Recovery Fee - Political Signs $3 $124 $(121) Solicitor Permit - Initial $331 $247 $84 Renewal $199 $62 $137 Taxi Driver Permit - Initial $331 $494 $(163) Renewal $199 $62 $137 Use Permit - Initial Application / Processing $- $1,004 $(1,004) Non-Conforming Use $- $268 $(268) Trash Fees - Initial Plan Review - Trash Enclosure $- $332 $(332) Plan Review - Trash Management Plan $- $483 $(483) Bingo Permit $- $131 $(131) As shown in the table above, Code Enforcement is under-recovering for the majority of its fees on a per unit basis. The under-recovery ranges from a low of $28 to a high of $1,004. However, there are several fees for which Code Enforcement is over- recovering its costs, but that over-recovery ranges from a low of $4 to a high of $137. Additionally, there are some fees shown in the table above that do not have a current fee as while these services are being provided by Code Enforcement staff there is no fee being charged for those services. These services are related to Use Permits, Trash Fees, and Bingo Permits. As significant staff time is being spent on these efforts the City should consider adding these fees to its fee schedule. CC 04-21-20 336 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 30 Based upon volume information provided by Code enforcement, the division is annually under-recovering its costs by $9,000, or recovering 62% of its fee-related costs. The following table shows the current fee categories, the annual volume, the revenue at current fee, the total annual cost, and the associated annual surplus / deficit. Fee Name Annual Volume Current Fee Total Cost Per Unit Surplus / (Deficit) Handbill Permit - Initial 16 $1,072 $1,977 $(905) Renewals Massage Establishment Fee (fingerprinting / background check / initial inspection) 10 $3,780 $2,780 $1,000 Renewal Solicitor Permit - Initial 18 $5,958 $4,449 $1,509 Renewal 19 $3,781 $1,174 $2,607 Taxi Driver Permit - Initial Renewal - $- $- $- Use Permit - Initial Application / Processing 4 $- $4,016 $(4,016) Non-Conforming Use 3 $- $803 $(803) Trash Fees - Initial Plan Review - Trash Enclosure 12 $- $3,985 $(3,985) Plan Review - Trash Management Plan 8 $- $3,862 $(3,862) Bingo Permit 4 $- $525 $(525) TOTAL $14,591 $23,572 $(8,981) As the table above shows, the largest source of annual under-recovery is related to renewal of Solicitor Permits and to other permitting services that are not currently being charged by the City. If the City decided to start charging for these services it could recover up to $13,000 in revenue annually for these services. 5. COMMUNITY FESTIVAL PROGRAM As part of the General Services fee schedule, the project team also evaluated the cost associated with community festivals. Currently, the City puts on one major community festival – Earth Day festival. While this is a one-day festival there is significant amount of staff time that is devoted for prepping for the festival, for setting up the festival, managing the festival, and breaking the festival down on the day of the festival. The project team worked with City staff to identify staff and material costs CC 04-21-20 337 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 31 associated with the Earth Day festival to cost out this program and service to the Community. The following table shows the total cost of setting up and managing the Earth Day Festival: Category Amount Staffing Costs $30,624 Material Costs $3,000 TOTAL PROGRAM COST $33,624 As shown in the table above the total program cost for the Earth Day Festival is approximately $33,600. As this festival is primarily comprised of vendors, the project team worked with staff to identify the total number of vendors to come up with a per vendor cost for the program. Staff identified that over the past several years the event has grown to include approximately 100 vendors, therefore the cost per vendor is approximately $336. Due to the nature of the festival being about promoting environmental and sustainable practices, staff expressed the desire to not charge non-profit vendors or vendors complying with environmental standards and practices. Therefore, the project team recommends that should the City choose to charge other vendors, it should charge the full cost of $336 per vendor. CC 04-21-20 338 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 32 8. PLANNING The Planning Division is responsible for administering all required review and evaluation processes for proposed land use projects. The Department also serves to maintain the goals and objectives of the City’s General Plan and Zoning Ordinance. The fees examined within this study relate to Use Permits, Architectural and Site Approvals, Design Review, Variances, and other planning fees. 1. FEE SCHEDULE MODIFICATIONS Following discussion with division staff, some changes were made to the fee schedules. These changes included expanding fee categories and adding a new fee. Planning broke out the current Heart of the City / Hillside exception fee into two separate fees – Heart of the City Exception and Hillside Exception – in order to account for changes in the processing of those exceptions. Similarly, staff also expanded the current Appeals fee into two separate categories – Appeals to Planning Commission and Appeals to City Council. These new categories allow staff to capture the time and different processes associated with appealing to the two different decision-making bodies. Lastly, Planning Division has also added a noticing fee. This noticing fee is meant to capture staff and material costs associated with the noticing process. Currently, this fee is charged as a deposit, but staff mentioned that for ease of applicants and staff it would be better to transition this to a flat fee. CC 04-21-20 339 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 33 2. DETAILED RESULTS The following table details the total cost per unit for each fee category, the current fee charged, the total cost calculated through this study, and the resulting surplus or deficit. Fee Name Current Fee Total Cost Per Unit Surplus / (Deficit) per Unit Tentative Parcel Map (Five or More) $15,974 $21,179 $(5,205) Parcel Map (0-4) $7,461 $12,732 $(5,271) Use Permit / Development - Major $15,974 $21,343 $(5,369) Use Permit / Development - Minor $7,461 $12,809 $(5,348) Amendment to Use Permit / Development Permit - Major $7,988 $10,746 $(2,758) Amendment to Use Permit / Development Permit - Minor $3,730 $5,884 $(2,154) Architectural & Site Approval - Major $7,461 $13,189 $(5,728) Architectural & Site Approval - Minor $3,609 $8,862 $(5,253) Architectural & Site Approval - Minor Duplex / Residential $3,609 $5,768 $(2,159) Planning Commission Interpretation $3,649 $4,762 $(1,113) Exception $2,813 $4,509 $(1,696) Heart of the City Exception $7,077 $13,063 $(5,986) Hillside Exception $7,077 $13,539 $(6,462) R-1 Design Review $2,400 $3,910 $(1,510) R-1 No Design Review $2,400 $3,271 $(871) R-1 Exception $2,694 $4,673 $(1,979) Minor Residential Permit $1,206 $2,311 $(1,105) Env. Impact Report (Plus State & County Filing Fees) $27,948 $27,948 Categorical Exemption (Plus County Filing Fee) $250 $230 $20 Sign Exception $2,108 $3,290 $(1,182) Fence Exception $716 $2,891 $(2,175) Variance $2,813 $5,167 $(2,354) Director - Minor Modification $1,259 $3,156 $(1,897) Conditional Use Permit - Administrative $3,730 $4,676 $(946) Reasonable Accommodation First Tree $180 $1,362 $(1,182) Each Additional Tree $92 $160 $(68) Tree Management Plan $1,259 $4,702 $(3,443) Heritage Tree Designation $107 $2,630 $(2,523) Temporary Use Permit $1,439 $2,824 $(1,385) Temporary Sign Permit $211 $319 $(108) Sign Program $721 $2,582 $(1,861) Appeals Planning Commission $182 $7,834 $(7,652) City Council $182 $8,239 $(8,057) Zoning Verification Letter $190 $338 $(148) Public Convenience & Necessity Letter $190 $169 $21 Noticing Fee $368 $(368) The table above shows that Planning is under-recovering for the majority of its fees, and these under-recoveries ranges from a low of $68 to a high of $8,057. There CC 04-21-20 340 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 34 are only two fees for which the division is over-recovering its costs; however this over- recovery is only $20 and $21 respectively. While many of these fees show a large under-recovery on a per unit basis, in order of the division to make decisions about raising its fees it should look at the fees with the highest volume or workload. 3. REVENUE IMPACTS Overall, the Planning Division is currently maintaining a cost recovery level of 51% and is under-recovering its costs by $501,000. The following table shows the volume associated with each fee category, the current revenue, projected annual cost, and associated annual deficit. Fee Name Annual Volume Revenue at Current Fee Total Annual Cost Annual Surplus / (Deficit) Use Permit / Development - Major 3 $47,922 $64,030 $(16,108) Use Permit / Development - Minor 4 $29,844 $51,235 $(21,391) Amendment to Use Permit / Development Permit - Major 1 $7,988 $10,746 $(2,758) Amendment to Use Permit / Development Permit - Minor 1 $3,730 $5,884 $(2,154) Architectural and Site Approval - Major 13 $96,993 $171,460 $(74,467) Architectural and Site Approval - Minor 13 $46,917 $115,200 $(68,283) Exception 7 $19,691 $31,561 $(11,870) R1 Design Review 56 $134,400 $218,962 $(84,562) Minor Residential Permit 46 $55,476 $106,321 $(50,845) Sign Exception 4 $8,432 $13,159 $(4,727) Fence Exception 3 $2,148 $8,673 $(6,525) Director - Minor Modification 36 $45,324 $113,602 $(68,278) Tree Removal Permit First Tree 64 $11,520 $87,171 $(75,651) Tree Management Plan 1 $1,259 $4,702 $(3,443) Temporary Use Permit 2 $2,878 $5,648 $(2,770) Sign Program 4 $2,884 $10,329 $(7,445) TOTAL $517,406 $1,018,683 $(501,277) As the table above shows the majority of the division’s under-recovery is associated with R1- Design Review, Removal of First Tree, and Architectural Major Site Approval. These three applications alone account for approximately 47% of the division’s under-recovery. This is due to the large amount of volume in those CC 04-21-20 341 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 35 applications. However, it is important to note that the under-recovery associated with the tree removal permit might be slightly overstated as all of the volume was coded to the removal of the first tree, as there is currently no tracking mechanism that breaks out first tree vs. each additional tree. These high annual subsidies are associated with the large per unit subsidies. As previously discussed the division should focus on some of these high volume permits like R1 Design Review, Minor Residential and Director-Minor Modification permits when considering raising fees. CC 04-21-20 342 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 36 9. RECREATION SERVICES The Recreation Services Department strives to enhance the leisure lifestyle and quality of life of both residents of and visitors to the City by providing affordable, fun, integrated, and safe recreational activities for people of all ages and abilities. The Department organizes, markets, and oversees recreation and leisure services in a variety of programs, including a Sports Center, Senior Programs, Youth and Teen activities and classes, trips, facility rentals, and other recreation activities. The following subsections provide a brief introduction to Recreation Services fees and costs assessed in the study, the cost recovery on each division level, and a discussion of facility rentals. 1. BACKGROUND & INTRODUCTION Recreation fees are historically market driven, as residents have a choice between utilizing programs offered in their own city or those of a neighboring city. Grants, special funding, or general fund subsidies often offset programs and services provided by Recreation departments in order to ensure that all citizens have equal opportunity and choice of participation. Recreation fees were not assessed in this study, as they are not subject to the same regulations and guidelines as other user fees. Currently, the Cupertino Recreation & Community Services Departments sets and updates its fees internally on a seasonal basis. The primary methodology used for fee-setting is to determine the demand of a program based upon participation, conducting market surveys, and determining the benefit of the program to the community. These are typically the most important components of determining parks and recreation fees. Additionally, each division and program supervisor sets fees for CC 04-21-20 343 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 37 each program prior to implementing the program; ensuring that all of these various factors are considered prior to launching any program. While the project team did not assess individual program fees as part of this study, it did review the cost recovery associated with each Recreation Services Division, and the department as a whole. The Recreation Department is recovering approximately 55% of its direct costs, which is above the average, 20-40% seen in other jurisdictions. This cost recovery percentage equates to an annual subsidy of approximately $4.7 million. In order to assess each program’s recovery level, the project team compared fiscal year 15/16 budgeted expenditures with fiscal year 14/15 actual revenue to assess the direct cost recovery. The following table shows program expenditures, revenue and cost recovery for Recreation & Community Services division. Division Program FY 15 Revenue FY 16 Budget Cost Recovery % 60 Parks & Recreation $44,295 $500,595 9% 61 Facilities & Community Events $383,485 $1,032,269 37% 62 Youth & Teen Programs $2,004,659 $3,877,135 52% 63 Sports & Fitness $2,566,662 $3,030,393 85% 64 Senior Programs $712,460 $1,923,704 37% 65 Community Services $7,608 $79,479 10% TOTAL $5,719,171 $10,443,575 55% As the table shows above that Parks & Recreation, which primarily consists of Leadership, Administration, and parks planning has the lowest cost recovery. The revenue in this section is related to providing training opportunities for growing leaders within the Cupertino community. It is not a fee-based service that is being provided to citizens but rather a special program. Similarly, the Community Services program (Division 65) is also providing emergency preparedness training and information to the citizens of Cupertino. In terms of actual fee-for-service programs and facility rentals the Department is CC 04-21-20 344 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 38 recovering approximately 57% of its costs. The highest cost recovery is associated with sports and fitness and youth and teen programs; while the lowest cost recovery is related to senior programs and facilities and community events. It is important to note that the cost recovery presented in the table on the previous page only incorporates direct budgeted expenditures for Recreation & Community Services. However, there are indirect costs associated with managing all of the different divisions and programs for Recreation & Community Services. The following table shows the cost recovery percentages on a division level based upon comparing FY 14/15 Actual Revenue to FY 15/16 Direct and Indirect Expenditures. Division Program FY 15 Revenue Direct + Indirect Costs Cost Recovery % 60 Parks & Recreation $44,295 $564,232 8% 61 Facilities & Community Events $383,485 $1,910,295 20% 62 Youth & Teen Programs $2,004,659 $4,736,604 42% 63 Sports & Fitness $2,566,662 $3,810,764 67% 64 Senior Programs $712,460 $2,573,453 28% 65 Community Services $7,608 $153,106 5% TOTAL $5,719,171 $13,748,454 42% As the table above shows that incorporating the indirect costs associated with Recreation & Community Services decreases the cost recovery percentage from 55% to 42%. The 42% cost recovery is still slightly higher than the 20-40% cost recovery that is seen for many other jurisdictions. The annual subsidy for Recreation & Community services is $8 million. The most drastic impact on cost recovery is for Youth & Teen Programs and Fitness Programs, which declined from 52% to 42% and 85% to 67% respectively. The following subsections provide further information regarding each of the fee-related services and programs. CC 04-21-20 345 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 39 (1.1) Facilities & Community Events The Facilities & Community Events Division primarily oversees facility and park rentals for various Cupertino City Recreation Centers, Halls, and picnic facilities. This program also manages all special events for the city – Cupertino Day, Summer Concert Series, 4th of July, etc. Currently, the Facilities and Community Events division is recovering 37% of its costs, or providing an annual subsidy of $649,000 in relation to its direct costs. However, once indirect costs are factored this division is only recovering 20% of its costs or providing an annual subsidy of $1.5 million. While the division charges rental fees to private citizens, a majority of its facilities are rented out and used by city Departments, the Library, or other non-profit entities. As such, the Division currently has a directive to not charge rental fees for those entities, and is unable to recover the costs associated with those rentals. This could help explain some of the subsidy. (1.2) Youth & Teen Programs The Youth And Teen Programs divisions oversees all of the recreation activities in the community offered to youth and teens, including summer camps, tutoring services, etc. Currently this program is subsidizing its activities by $1.9 million in relation to direct costs, but this deficit increases to $2.7 million when indirect costs are factored into the calculation. This annual subsidy reflects a cost recovery percentage of 42%. However, it is important to note that this subsidy is for the overall program and not for individual activities. Certain premium activities such as Math Olympiad or Science Summer Camps are full cost recovery while other activities are subsidized to either foster participation or due to community benefit such as afterschool programs. CC 04-21-20 346 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 40 (1.3) Sports & Fitness Programs Sports & Fitness Programs refers to not only all of the athletic programs offered by the community but also to the Sports Center membership offered by the City of Cupertino to its residents and non-residents. Currently, this programing is recovering approximately 85% of its costs or subsidizing its costs annually by $463,000 on a direct cost and revenue level. Incorporating indirect costs reduces its cost recovery to 67% and increases the annual subsidy to $1.2 million. Similar to youth and teen programs certain programs such as the Sports Center is recovering all of its costs while other programs are being subsidized due to market demand and the burden that can be borne by the community for those services. (1.4) Senior Programs Senior Programs comprises of a senior center that is rented for community purposes when it is not being used for senior classes and events. Additionally, it also includes classes and activities, recreation programs, travel, socials, and volunteer opportunities for senior citizens within the community. The Case Management Program is also offered through senior programs, which allows a case manager to service any and all seniors that are members of the Cupertino Senior Center directly in their home. A portion of this program is funded through an aging grant. Currently senior programs is recovering about 37% of its costs or providing an annual subsidy of $1.2 million in regards to direct costs and expenditures. Factoring in indirect costs and support reduces the cost recovery to 28% or an annual subsidy of $1.9 million. This cost recovery is pretty typical for senior services, and while some of its CC 04-21-20 347 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 41 programs such as trips and classes might be full cost recovery based, other services such as the Case Management Program are deliberately subsidized to provide benefit to the community. 2. FACILITY RENTALS Currently, the City of Cupertino similar to other cities has a tiered system in relation to the use of its facilities; this means that depending on where an individual falls in the tier system their facility rental charge will vary. The following points highlight each of the six tiers currently in place: • Group I: City sponsored activities and programs. • Group II: City co-sponsored clubs or clubs with 51% resident memberships and recreation programs. • Group III: Cupertino Resident Non-Profit Organization, or non-profit organizations with more than 51% of their membership comprising of Cupertino residents. • Group IV: Cupertino Residents / Cupertino Businesses – private, special interest or business groups for functions that are not open to the public, but are hosted by either a Cupertino resident or a business that is located in Cupertino. • Group V: Non-Resident Non-Profit Organization – or non-profit organization whose membership does not comprise of Cupertino Residents, but still meets the criteria of being a non-profit entity. • Group VI: Non-Residents / Non-Resident Business – private, special interest, or business groups fro functions that are not open to the public, but are hosted by either a non Cupertino Resident or a business not located in Cupertino. As the points above indicate there are several different tiers in Cupertino, more tiers than are typically seen in other cities. Most other jurisdictions usually max out at five tiers, with the average being between three to four tiers. It is the project team’s recommendation that the Department consider simplifying its tiered system, especially as it relates to Non-profit entities and organizations. CC 04-21-20 348 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 42 There are different mechanisms to simplify the tiered system as it relates to Non- profit entities. Other jurisdictions typically will only have one non-profit category and not specify whether the entity is a resident or non-resident. This type of tier, simplifies the process for staff as they no longer have to verify the level of membership of a non-profit entity as it relates to the number of Cupertino residents, but simply whether an organization qualifies as a non-profit or not. Alternatively, the project team would recommend that if City staff would like to continue to keep the two separate non-profit tiers that these tiers and their criteria should be defined more clearly. Calculating 51% resident participation to determine residency status requires paperwork and documentation verification by Recreation staff. A different method or basis to qualify as a resident non-profit organization could be to utilize the physical address or location of the non-profit; i.e. if the non-profit is physically in Cupertino it qualifies as a Cupertino Non-Profit. Staff could ask for a utility bill or another form of documentation to verify residency as is done by staff for other categories already. Both of these methods are valid and could result in either simplifying the tier system or more clearly defining certain groups and thereby the appropriate discounts those groups will receive. The project team recommends that Recreation & Community Services staff consider altering their current tiered system to be more transparent and clear; along with ensuring that the different tiers represent the different levels of benefit to the community. CC 04-21-20 349 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 43 3. SUMMARY Overall, the project team recommends that the Recreation & Services Department continue its current best management practice of setting fees on an activity- by-activity basis. However, the recreation coordinators should ensure that for all services, programs, and activities the cost per participant incorporates the citywide overhead rate for Recreation & Community Services. This overhead rate is 32% for recreation & community services. The overhead rate can be applied to direct costs to determine the total indirect costs for implementing any recreation activity. Incorporating the overhead rate into the calculation will allow the recreation coordinator to determine the subsidy / premium level of any activity being offered by the Department. Setting fees based upon direct, indirect costs, and market rates, allows the department with the flexibility to assess different cost recovery levels for different activities. For e.g. premium services might be set at full cost recovery, while senior and youth programs might be subsidized and only be set to recover a portion of direct and indirect costs. This type of methodology is fairly typical for Parks & Recreation services and allows the Department / Division with the greatest flexibility in setting fees to ensure that the needs of their community are being addressed in an affordable manner. CC 04-21-20 350 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 44 10. COMPARATIVE MARKET SURVEY As part of this Cost of Services (User Fee) Study for the City of Cupertino, the Matrix Consulting Group conducted a comparative survey of fees. The City identified six jurisdictions to be included in the comparative survey: Campbell, Milpitas, Mountain View, Palo Alto, Santa Clara, and Sunnyvale. While this report will provide the City with a reasonable estimate and understanding of the true costs of providing services, many jurisdictions also wish to consider the local “market rates” for services as a means for assessing what types of changes in fee levels their community can bear. However, a comparative survey does not provide adequate or objective information regarding the relationship of a jurisdiction’s cost to its fees. Three important factors to consider when comparing fees across multiple jurisdictions are: population, operating budget, and size of workforce. The following tables provide statistical information regarding the jurisdictions included in the comparative survey. Jurisdiction 2013 Census Campbell 40,584 Cupertino 60,189 Palo Alto 66,642 Milpitas 69,783 Mountain View 77,846 Santa Clara 120,245 Sunnyvale 147,559 Jurisdiction FY 15/16 Budget Campbell $46,892,127 Cupertino $67,575,053 Milpitas $76,344,332 Mountain View $107,133,730 Sunnyvale $153,226,521 Santa Clara $182,488,000 Palo Alto $185,700,000 CC 04-21-20 351 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 45 Jurisdiction FY 15/16 FTE Campbell 164.30 Cupertino 180.75 Milpitas 328.25 Mountain View 590.50 Sunnyvale 877.00 Palo Alto 1,040.10 Santa Clara 1,054.50 Campbell 164.30 Based on the data shown in the above tables, the City of Cupertino ranks below average in regards to population, budget, and total staffing levels. In order to provide additional context, the project team also obtained cost recovery information for the three major fee-related services: Community Development (Building & Planning), Engineering, and Recreation Services. The following tables show the cost recovery percentages for each of the jurisdictions surveyed and how Cupertino ranks in comparison those jurisdictions. Jurisdiction Community Development Cost Recovery % Cupertino 62% Milpitas 69% Mountain View 73% Santa Clara 114% Sunnyvale 115% Campbell 139% Palo Alto 200% Jurisdiction Engineering Cost Recovery % Santa Clara 17% Milpitas 30% Campbell 32% Cupertino 61% Sunnyvale 73% Mountain View 86% Jurisdiction Parks & Recreation Cost Recovery % Santa Clara 9% Palo Alto 17% Mountain View 29% Sunnyvale 38% Campbell 50% Milpitas 55% Cupertino 55% CC 04-21-20 352 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 46 As the tables on the previous page show Cupertino has the lowest recovery percentage for Community Development Fees as compared to neighboring Cities, while its Engineering cost recovery is slightly above the average seen by other cities. However, Cupertino has the highest cost recovery percentage or the same level as Milpitas (55%) of all of the cities surveyed. Along with keeping these statistics in mind, the following issues should also be noted regarding the use of market surveys in the setting of fees for service: • Each jurisdiction and its fees are different, and many are not based on actual cost of providing services. • The same “fee” with the same name may include more or less steps or sub- activities. In addition, jurisdictions provide varying levels of service and have varying levels of costs associated with providing services such as staffing levels, salary levels, indirect overhead costs, etc. In addition to the issues noted above, market surveys can also run the risk of creating a confusing excess of data that will obscure rather than clarify policy issues. Because each jurisdiction is different, the Matrix Consulting Group recommends that the information contained in the market comparison of fees be used as a secondary decision-making tool, rather than a tool for establishing an acceptable price point for services. The survey covered Building, Planning and Public Works fees. On average, the survey showed that the City’s fees are in line with the jurisdictions surveyed, with some fees higher than other cities and other fees significantly lower. The results of the survey are shown as an attachment to this report. CC 04-21-20 353 of 548 CITY OF CUPERTINO, CALIFORNIA Cost of Services (User Fee) Study Matrix Consulting Group Page 47 11. CONCLUSION The City of Cupertino engaged the Matrix Consulting Group to determine the total cost of services provided to its citizens and businesses for fee related services. To calculate the total cost of each Department / Division’s services, the Matrix Consulting Group employed both a widely accepted and defensible methodology, as well as the experience and input of City staff to complete the necessary data collection and discussion to complete the analysis. City leaders can now use this information to make informed decisions and set its fees to meet the fiscal and policy goal objectives of the City. Overall, this Cost of Services Study concluded that the City under-recovers its costs by approximately $1,377,000 year for its fee-related services. While the detailed documentation of the Study will show an over-collection in some departments / divisions and / or certain fees (on a per unit basis), and an undercharge for others, overall, the City is providing an annual subsidy to fee payers for all services included in the analysis. The project team recommends the City lower fees that show an over-recovery in order to comply with state laws. For fees that show an under-recovery, the City should review all circumstances and policy factors and raise fees where feasible. For fees that the City chooses to subsidize, policies should be established to outline target recovery percentages. CC 04-21-20 354 of 548 PLAN CHECK – NEW CONSTRUCTION FEE SCHEDULE CC 04-21-20 355 of 548 New Construction - Plan Check Fees Page 1 of 5 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * A-1 Assembly—Fixed Seating 1,000 $6,427 $42.2750 $5,355 $35.2292 $4,284 $28.1833 - Theater, Concert Hall 5,000 $8,118 $47.3500 $6,765 $39.4583 $5,412 $31.5667 - - 10,000 $10,485 $37.2100 $8,738 $31.0083 $6,990 $24.8067 - - 20,000 $14,206 $7.8967 $11,838 $6.5806 $9,471 $5.2644 - - 50,000 $16,575 $8.1100 $13,813 $6.7583 $11,050 $5.4067 - - 100,000 $20,630 $20.6300 $17,192 $17.1917 $13,753 $13.7533 A-2 Assembly—Food & Drink 250 $4,344 $114.3225 $3,620 $95.2688 $2,896 $76.2150 - Restaurant, Night Club, Bar 1,250 $5,487 $128.0250 $4,573 $106.6875 $3,658 $85.3500 - - 2,500 $7,088 $100.5900 $5,906 $83.8250 $4,725 $67.0600 - - 5,000 $9,602 $21.3450 $8,002 $17.7875 $6,402 $14.2300 - - 12,500 $11,203 $21.9450 $9,336 $18.2875 $7,469 $14.6300 - - 25,000 $13,946 $55.7850 $11,622 $46.4875 $9,298 $37.1900 A-3 Assembly—Worship, Amusement 1,000 $8,144 $53.5763 $6,787 $44.6469 $5,429 $35.7175 - Arcade, Church, Community Hall 5,000 $10,287 $60.0000 $8,573 $50.0000 $6,858 $40.0000 - - 10,000 $13,287 $47.1600 $11,073 $39.3000 $8,858 $31.4400 - - 20,000 $18,003 $9.9900 $15,003 $8.3250 $12,002 $6.6600 - - 50,000 $21,000 $10.2900 $17,500 $8.5750 $14,000 $6.8600 - - 100,000 $26,145 $26.1450 $21,788 $21.7875 $17,430 $17.4300 A-4 Assembly—Indoor Sport Viewing 500 $4,960 $65.2650 $4,133 $54.3875 $3,307 $43.5100 - Arena, Skating Rink, Tennis Court 2,500 $6,265 $73.0800 $5,221 $60.9000 $4,177 $48.7200 - - 5,000 $8,092 $57.4440 $6,744 $47.8700 $5,395 $38.2960 - - 10,000 $10,964 $12.1840 $9,137 $10.1533 $7,310 $8.1227 - - 25,000 $12,792 $12.5280 $10,660 $10.4400 $8,528 $8.3520 - - 50,000 $15,924 $31.8480 $13,270 $26.5400 $10,616 $21.2320 A-5 Assembly—Outdoor Activities 500 $5,248 $69.0600 $4,373 $57.5500 $3,499 $46.0400 - Amusement Park, Bleacher, Stadium 2,500 $6,629 $77.3400 $5,524 $64.4500 $4,420 $51.5600 - - 5,000 $8,563 $60.7650 $7,136 $50.6375 $5,709 $40.5100 - - 10,000 $11,601 $12.8850 $9,668 $10.7375 $7,734 $8.5900 - - 25,000 $13,534 $13.2750 $11,278 $11.0625 $9,023 $8.8500 - - 50,000 $16,853 $33.7050 $14,044 $28.0875 $11,235 $22.4700 A A Occupancy Tenant Improvements 500 $3,304 $43.4738 $2,753 $36.2281 $2,203 $28.9825 - - 2,500 $4,173 $48.6750 $3,478 $40.5625 $2,782 $32.4500 - - 5,000 $5,390 $38.2650 $4,492 $31.8875 $3,594 $25.5100 - - 10,000 $7,304 $8.1100 $6,086 $6.7583 $4,869 $5.4067 - - 25,000 $8,520 $8.3400 $7,100 $6.9500 $5,680 $5.5600 - - 50,000 $10,605 $21.2100 $8,838 $17.6750 $7,070 $14.1400 B Business—Bank 500 $4,480 $58.9388 $3,733 $49.1156 $2,987 $39.2925 - - 2,500 $5,659 $66.0300 $4,716 $55.0250 $3,773 $44.0200 - - 5,000 $7,310 $51.8700 $6,091 $43.2250 $4,873 $34.5800 - - 10,000 $9,903 $11.0050 $8,253 $9.1708 $6,602 $7.3367 - - 25,000 $11,554 $11.3250 $9,628 $9.4375 $7,703 $7.5500 - - 50,000 $14,385 $28.7700 $11,988 $23.9750 $9,590 $19.1800 B Business—Laundromat 200 $3,848 $126.5738 $3,207 $105.4781 $2,565 $84.3825 - - 1,000 $4,860 $141.7650 $4,050 $118.1375 $3,240 $94.5100 - - 2,000 $6,278 $111.3750 $5,232 $92.8125 $4,185 $74.2500 - - 4,000 $8,506 $23.6400 $7,088 $19.7000 $5,670 $15.7600 - - 10,000 $9,924 $24.3000 $8,270 $20.2500 $6,616 $16.2000 - - 20,000 $12,354 $61.7700 $10,295 $51.4750 $8,236 $41.1800 B Business—Clinic, Outpatient 500 $4,616 $60.7275 $3,847 $50.6063 $3,077 $40.4850 - - 2,500 $5,831 $68.0400 $4,859 $56.7000 $3,887 $45.3600 - - 5,000 $7,532 $53.4300 $6,276 $44.5250 $5,021 $35.6200 - - 10,000 $10,203 $11.3300 $8,503 $9.4417 $6,802 $7.5533 - - 25,000 $11,903 $11.6700 $9,919 $9.7250 $7,935 $7.7800 - - 50,000 $14,820 $29.6400 $12,350 $24.7000 $9,880 $19.7600 B Business—Professional Office 1,000 $5,097 $49.7663 $4,247 $41.4719 $3,398 $33.1775 - - 5,000 $7,088 $42.8100 $5,906 $35.6750 $4,725 $28.5400 - - 10,000 $9,228 $30.2700 $7,690 $25.2250 $6,152 $20.1800 - - 20,000 $12,255 $7.1500 $10,213 $5.9583 $8,170 $4.7667 - - 50,000 $14,400 $7.6800 $12,000 $6.4000 $9,600 $5.1200 - - 100,000 $18,240 $18.2400 $15,200 $15.2000 $12,160 $12.1600 CITY OF CUPERTINO, CA Building Division Schedule of New Construction Fees PLAN CHECK FEES ONLY CC 04-21-20 356 of 548 New Construction - Plan Check Fees Page 2 of 5 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * B B Occupancy Tenant Improvements 300 $3,534 $77.4900 $2,945 $64.5750 $2,356 $51.6600 - - 1,500 $4,464 $86.7900 $3,720 $72.3250 $2,976 $57.8600 - - 3,000 $5,765 $68.1900 $4,805 $56.8250 $3,844 $45.4600 - - 6,000 $7,811 $14.4600 $6,509 $12.0500 $5,207 $9.6400 - - 15,000 $9,113 $14.8800 $7,594 $12.4000 $6,075 $9.9200 - - 30,000 $11,345 $37.8150 $9,454 $31.5125 $7,563 $25.2100 E Educational— Preschool / School 100 $3,804 $250.2563 $3,170 $208.5469 $2,536 $166.8375 - - 500 $4,805 $280.2600 $4,004 $233.5500 $3,203 $186.8400 - - 1,000 $6,206 $220.2300 $5,172 $183.5250 $4,137 $146.8200 - - 2,000 $8,408 $46.7200 $7,007 $38.9333 $5,606 $31.1467 - - 5,000 $9,810 $48.0300 $8,175 $40.0250 $6,540 $32.0200 10,000 $12,212 $122.1150 $10,176 $101.7625 $8,141 $81.4100 E E Occupancy Tenant Improvements 100 $2,988 $196.5675 $2,490 $163.8063 $1,992 $131.0450 - - 500 $3,774 $220.1700 $3,145 $183.4750 $2,516 $146.7800 - - 1,000 $4,875 $172.9800 $4,063 $144.1500 $3,250 $115.3200 - - 2,000 $6,605 $36.6900 $5,504 $30.5750 $4,403 $24.4600 - - 5,000 $7,706 $37.7400 $6,421 $31.4500 $5,137 $25.1600 - - 10,000 $9,593 $95.9250 $7,994 $79.9375 $6,395 $63.9500 F-1 Factory Industrial—Moderate Hazard 1,000 $4,668 $13.3170 $3,890 $11.0975 $3,112 $8.8780 - - 5,000 $5,200 $21.3000 $4,334 $17.7500 $3,467 $14.2000 - - 10,000 $6,265 $23.0760 $5,221 $19.2300 $4,177 $15.3840 - - 20,000 $8,573 $3.5440 $7,144 $2.9533 $5,715 $2.3627 - - 50,000 $9,636 $2.1360 $8,030 $1.7800 $6,424 $1.4240 100,000 $10,704 $10.7040 $8,920 $8.9200 $7,136 $7.1360 F-2 Factory Industrial—Low Hazard 1,000 $4,800 $31.5825 $4,000 $26.3188 $3,200 $21.0550 - - 5,000 $6,063 $35.3700 $5,053 $29.4750 $4,042 $23.5800 - - 10,000 $7,832 $27.7950 $6,526 $23.1625 $5,221 $18.5300 - - 20,000 $10,611 $5.8800 $8,843 $4.9000 $7,074 $3.9200 - - 50,000 $12,375 $6.0600 $10,313 $5.0500 $8,250 $4.0400 - - 100,000 $15,405 $15.4050 $12,838 $12.8375 $10,270 $10.2700 F F Occupancy Tenant Improvements 1,000 $3,513 $23.1180 $2,928 $19.2650 $2,342 $15.4120 - - 5,000 $4,438 $25.8840 $3,699 $21.5700 $2,959 $17.2560 - - 10,000 $5,732 $20.3400 $4,777 $16.9500 $3,822 $13.5600 - - 20,000 $7,766 $4.3120 $6,472 $3.5933 $5,178 $2.8747 - - 50,000 $9,060 $4.4400 $7,550 $3.7000 $6,040 $2.9600 - - 100,000 $11,280 $11.2800 $9,400 $9.4000 $7,520 $7.5200 H-1 High Hazard Group H-1 100 $3,562 $234.3650 $2,969 $195.3042 $2,375 $156.2433 - - 500 $4,500 $262.5000 $3,750 $218.7500 $3,000 $175.0000 - - 1,000 $5,812 $206.2400 $4,844 $171.8667 $3,875 $137.4933 - - 2,000 $7,875 $43.7567 $6,562 $36.4639 $5,250 $29.1711 - - 5,000 $9,188 $44.9900 $7,656 $37.4917 $6,125 $29.9933 - - 10,000 $11,437 $114.3700 $9,531 $95.3083 $7,625 $76.2467 H-2 High Hazard Group H-2 100 $4,275 $281.2380 $3,562 $234.3650 $2,850 $187.4920 - - 500 $5,400 $315.0000 $4,500 $262.5000 $3,600 $210.0000 - - 1,000 $6,975 $247.4880 $5,812 $206.2400 $4,650 $164.9920 - - 2,000 $9,450 $52.5080 $7,875 $43.7567 $6,300 $35.0053 - - 5,000 $11,025 $53.9880 $9,188 $44.9900 $7,350 $35.9920 - - 10,000 $13,724 $137.2440 $11,437 $114.3700 $9,150 $91.4960 H-3 High Hazard Group H-3 100 $4,664 $306.8175 $3,886 $255.6813 $3,109 $204.5450 - - 500 $5,891 $343.6350 $4,909 $286.3625 $3,927 $229.0900 - - 1,000 $7,609 $270.0000 $6,341 $225.0000 $5,073 $180.0000 - - 2,000 $10,309 $57.2850 $8,591 $47.7375 $6,873 $38.1900 - - 5,000 $12,028 $58.9050 $10,023 $49.0875 $8,019 $39.2700 - - 10,000 $14,973 $149.7300 $12,478 $124.7750 $9,982 $99.8200 H-4 High Hazard Group H-4 100 $3,731 $245.4540 $3,109 $204.5450 $2,487 $163.6360 - - 500 $4,713 $274.9080 $3,927 $229.0900 $3,142 $183.2720 - - 1,000 $6,087 $216.0000 $5,073 $180.0000 $4,058 $144.0000 - - 2,000 $8,247 $45.8280 $6,873 $38.1900 $5,498 $30.5520 - - 5,000 $9,622 $47.1240 $8,019 $39.2700 $6,415 $31.4160 - - 10,000 $11,978 $119.7840 $9,982 $99.8200 $7,986 $79.8560 H-5 High Hazard Group H-5 100 $3,731 $245.4540 $3,109 $204.5450 $2,487 $163.6360 - - 500 $4,713 $274.9080 $3,927 $229.0900 $3,142 $183.2720 - - 1,000 $6,087 $216.0000 $5,073 $180.0000 $4,058 $144.0000 - - 2,000 $8,247 $45.8280 $6,873 $38.1900 $5,498 $30.5520 - - 5,000 $9,622 $47.1240 $8,019 $39.2700 $6,415 $31.4160 - - 10,000 $11,978 $119.7840 $9,982 $99.8200 $7,986 $79.8560 CC 04-21-20 357 of 548 New Construction - Plan Check Fees Page 3 of 5 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * H H Occupancy Tenant Improvements 100 $2,752 $181.0440 $2,293 $150.8700 $1,835 $120.6960 - - 500 $3,476 $202.7880 $2,897 $168.9900 $2,317 $135.1920 - - 1,000 $4,490 $159.3240 $3,742 $132.7700 $2,993 $106.2160 - - 2,000 $6,083 $33.7840 $5,069 $28.1533 $4,056 $22.5227 - - 5,000 $7,097 $34.7760 $5,914 $28.9800 $4,731 $23.1840 - - 10,000 $8,836 $88.3560 $7,363 $73.6300 $5,890 $58.9040 I-1 Institutional—7+ persons, ambulatory 500 $4,676 $61.5270 $3,896 $51.2725 $3,117 $41.0180 - - 2,500 $5,906 $68.8920 $4,922 $57.4100 $3,937 $45.9280 - - 5,000 $7,628 $54.1440 $6,357 $45.1200 $5,086 $36.0960 - - 10,000 $10,336 $11.4760 $8,613 $9.5633 $6,890 $7.6507 - - 25,000 $12,057 $11.8200 $10,048 $9.8500 $8,038 $7.8800 - - 50,000 $15,012 $30.0240 $12,510 $25.0200 $10,008 $20.0160 I-2 Institutional—6+ persons, non-ambulatory 500 $5,663 $74.5200 $4,720 $62.1000 $3,776 $49.6800 - - 2,500 $7,154 $83.4450 $5,962 $69.5375 $4,769 $55.6300 - - 5,000 $9,240 $65.5800 $7,700 $54.6500 $6,160 $43.7200 - - 10,000 $12,519 $13.9150 $10,433 $11.5958 $8,346 $9.2767 - - 25,000 $14,606 $14.2950 $12,172 $11.9125 $9,738 $9.5300 - - 50,000 $18,180 $36.3600 $15,150 $30.3000 $12,120 $24.2400 I-3 Institutional—6+ persons, restrained 500 $5,210 $68.5575 $4,342 $57.1313 $3,474 $45.7050 - - 2,500 $6,582 $76.7850 $5,485 $63.9875 $4,388 $51.1900 - - 5,000 $8,501 $60.3450 $7,084 $50.2875 $5,668 $40.2300 - - 10,000 $11,519 $12.7850 $9,599 $10.6542 $7,679 $8.5233 - - 25,000 $13,436 $13.1550 $11,197 $10.9625 $8,958 $8.7700 50,000 $16,725 $33.4500 $13,938 $27.8750 $11,150 $22.3000 I-4 Institutional—6+ persons, day care 500 $5,210 $68.5575 $4,342 $57.1313 $3,474 $45.7050 - - 2,500 $6,582 $76.7850 $5,485 $63.9875 $4,388 $51.1900 - - 5,000 $8,501 $60.3450 $7,084 $50.2875 $5,668 $40.2300 - - 10,000 $11,519 $12.7850 $9,599 $10.6542 $7,679 $8.5233 - - 25,000 $13,436 $13.1550 $11,197 $10.9625 $8,958 $8.7700 50,000 $16,725 $33.4500 $13,938 $27.8750 $11,150 $22.3000 I I Occupancy Tenant Improvements 100 $2,755 $181.2420 $2,296 $151.0350 $1,837 $120.8280 - - 500 $3,480 $202.9920 $2,900 $169.1600 $2,320 $135.3280 - - 1,000 $4,495 $159.4920 $3,746 $132.9100 $2,997 $106.3280 - - 2,000 $6,090 $33.8280 $5,075 $28.1900 $4,060 $22.5520 - - 5,000 $7,105 $34.8120 $5,921 $29.0100 $4,736 $23.2080 10,000 $8,845 $88.4520 $7,371 $73.7100 $5,897 $58.9680 M Mercantile 2,000 $7,336 $24.1238 $6,113 $20.1031 $4,890 $16.0825 - - 10,000 $9,266 $27.0450 $7,721 $22.5375 $6,177 $18.0300 - - 20,000 $11,970 $21.2400 $9,975 $17.7000 $7,980 $14.1600 - - 40,000 $16,218 $4.4950 $13,515 $3.7458 $10,812 $2.9967 - - 100,000 $18,915 $4.6350 $15,763 $3.8625 $12,610 $3.0900 - - 200,000 $23,550 $11.7750 $19,625 $9.8125 $15,700 $7.8500 M M Occupancy Tenant Improvements 300 $3,260 $71.4900 $2,717 $59.5750 $2,173 $47.6600 - - 1,500 $4,118 $80.0550 $3,431 $66.7125 $2,745 $53.3700 - - 3,000 $5,319 $62.9250 $4,432 $52.4375 $3,546 $41.9500 - - 6,000 $7,206 $13.3300 $6,005 $11.1083 $4,804 $8.8867 - - 15,000 $8,406 $13.7400 $7,005 $11.4500 $5,604 $9.1600 - - 30,000 $10,467 $34.8900 $8,723 $29.0750 $6,978 $23.2600 R-1 Residential—Hotels & Motels 3,000 $10,880 $4.7700 $9,067 $3.9750 $7,253 $3.1800 - - 15,000 $11,453 $15.2700 $9,544 $12.7250 $7,635 $10.1800 - - 30,000 $13,743 $1.9200 $11,453 $1.6000 $9,162 $1.2800 - - 60,000 $14,319 $2.5400 $11,933 $2.1167 $9,546 $1.6933 - - 150,000 $16,605 $0.3900 $13,838 $0.3250 $11,070 $0.2600 - - 300,000 $17,190 $5.7300 $14,325 $4.7750 $11,460 $3.8200 R-2 Residential—Apartment Building 800 $9,879 $16.2525 $8,232 $13.5438 $6,586 $10.8350 - - 4,000 $10,399 $51.9750 $8,666 $43.3125 $6,932 $34.6500 - - 8,000 $12,478 $6.5100 $10,398 $5.4250 $8,318 $4.3400 - - 16,000 $12,998 $8.6650 $10,832 $7.2208 $8,666 $5.7767 - - 40,000 $15,078 $1.3050 $12,565 $1.0875 $10,052 $0.8700 - - 80,000 $15,600 $19.5000 $13,000 $16.2500 $10,400 $13.0000 R-3 Dwellings—Custom Homes, Models, First Master Plan1,000 $4,950 $14.7750 $4,125 $12.3125 $3,300 $9.8500 - - 2,500 $5,172 $59.1850 $4,310 $49.3208 $3,448 $39.4567 - - 4,000 $6,059 $11.0850 $5,050 $9.2375 $4,040 $7.3900 - - 6,000 $6,281 $44.3850 $5,234 $36.9875 $4,187 $29.5900 - - 8,000 $7,169 $11.0850 $5,974 $9.2375 $4,779 $7.3900 - - 10,000 $7,391 $73.9050 $6,159 $61.5875 $4,927 $49.2700 CC 04-21-20 358 of 548 New Construction - Plan Check Fees Page 4 of 5 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * R-3 Dwellings—Production Phase 1,000 $1,922 $6.7400 $1,602 $5.6167 $1,282 $4.4933 - of Master Plan (repeats)2,500 $2,024 $26.9800 $1,686 $22.4833 $1,349 $17.9867 - - 4,000 $2,428 $5.0850 $2,024 $4.2375 $1,619 $3.3900 - - 6,000 $2,530 $20.2050 $2,108 $16.8375 $1,687 $13.4700 - - 8,000 $2,934 $5.1000 $2,445 $4.2500 $1,956 $3.4000 - - 10,000 $3,036 $30.3600 $2,530 $25.3000 $2,024 $20.2400 R-3 Dwellings—Alternate Materials 1,000 $4,382 $15.3750 $3,651 $12.8125 $2,921 $10.2500 - - 2,500 $4,612 $61.4850 $3,843 $51.2375 $3,075 $40.9900 - - 4,000 $5,534 $11.5500 $4,612 $9.6250 $3,690 $7.7000 - - 6,000 $5,765 $46.1100 $4,805 $38.4250 $3,844 $30.7400 - - 8,000 $6,688 $11.5200 $5,573 $9.6000 $4,458 $7.6800 - - 10,000 $6,918 $69.1800 $5,765 $57.6500 $4,612 $46.1200 R-3 Dwellings—Hillside - Custom Homes, Models 1,000 $5,787 $20.3050 $4,822 $16.9208 $3,858 $13.5367 - First Master Plan 2,500 $6,091 $81.2050 $5,076 $67.6708 $4,061 $54.1367 - - 4,000 $7,309 $15.2400 $6,091 $12.7000 $4,873 $10.1600 - - 6,000 $7,614 $60.9000 $6,345 $50.7500 $5,076 $40.6000 - - 8,000 $8,832 $15.2250 $7,360 $12.6875 $5,888 $10.1500 - - 10,000 $9,137 $91.3650 $7,614 $76.1375 $6,091 $60.9100 R-3 Dwellings—Hillside - Production Phase 1,000 $1,922 $6.7400 $1,602 $5.6167 $1,282 $4.4933 - of Master Plan (repeats)2,500 $2,024 $26.9800 $1,686 $22.4833 $1,349 $17.9867 - - 4,000 $2,428 $5.0850 $2,024 $4.2375 $1,619 $3.3900 - - 6,000 $2,530 $20.2050 $2,108 $16.8375 $1,687 $13.4700 - - 8,000 $2,934 $5.1000 $2,445 $4.2500 $1,956 $3.4000 - - 10,000 $3,036 $30.3600 $2,530 $25.3000 $2,024 $20.2400 R-3 Dwellings—Hillside - Alternate Materials 1,000 $4,382 $15.3750 $3,651 $12.8125 $2,921 $10.2500 - - 2,500 $4,612 $61.4850 $3,843 $51.2375 $3,075 $40.9900 - - 4,000 $5,534 $11.5500 $4,612 $9.6250 $3,690 $7.7000 - - 6,000 $5,765 $46.1100 $4,805 $38.4250 $3,844 $30.7400 - - 8,000 $6,688 $11.5200 $5,573 $9.6000 $4,458 $7.6800 - - 10,000 $6,918 $69.1800 $5,765 $57.6500 $4,612 $46.1200 R-3 Group Care 1,000 $8,184 $10.7663 $6,820 $8.9719 $5,456 $7.1775 - - 5,000 $8,615 $34.4700 $7,179 $28.7250 $5,743 $22.9800 - - 10,000 $10,338 $4.2900 $8,615 $3.5750 $6,892 $2.8600 - - 20,000 $10,767 $5.7350 $8,973 $4.7792 $7,178 $3.8233 - - 50,000 $12,488 $0.8550 $10,406 $0.7125 $8,325 $0.5700 - - 100,000 $12,915 $12.9150 $10,763 $10.7625 $8,610 $8.6100 R-4 Group Care 100 $4,619 $60.7725 $3,849 $50.6438 $3,079 $40.5150 - - 500 $4,862 $194.4900 $4,052 $162.0750 $3,241 $129.6600 - - 1,000 $5,834 $24.3000 $4,862 $20.2500 $3,890 $16.2000 - - 2,000 $6,077 $32.4200 $5,065 $27.0167 $4,052 $21.6133 - - 5,000 $7,050 $4.8600 $5,875 $4.0500 $4,700 $3.2400 10,000 $7,293 $72.9300 $6,078 $60.7750 $4,862 $48.6200 R R Occupancy Tenant Improvements 80 $2,692 $44.2688 $2,243 $36.8906 $1,794 $29.5125 - - 400 $2,833 $141.6750 $2,361 $118.0625 $1,889 $94.4500 - - 800 $3,400 $17.7150 $2,833 $14.7625 $2,267 $11.8100 - - 1,600 $3,542 $23.6050 $2,951 $19.6708 $2,361 $15.7367 - - 4,000 $4,108 $3.5550 $3,424 $2.9625 $2,739 $2.3700 - - 8,000 $4,250 $53.1300 $3,542 $44.2750 $2,834 $35.4200 S-1 Storage—Moderate Hazard 600 $3,766 $41.2980 $3,139 $34.4150 $2,511 $27.5320 - - 3,000 $4,757 $46.2600 $3,965 $38.5500 $3,172 $30.8400 - - 6,000 $6,145 $36.3480 $5,121 $30.2900 $4,097 $24.2320 - - 12,000 $8,326 $7.7040 $6,938 $6.4200 $5,551 $5.1360 - - 30,000 $9,713 $7.9200 $8,094 $6.6000 $6,475 $5.2800 - - 60,000 $12,089 $20.1480 $10,074 $16.7900 $8,059 $13.4320 S-2 Storage—Low Hazard 10,000 $8,696 $5.7113 $7,246 $4.7594 $5,797 $3.8075 - - 50,000 $10,980 $6.4200 $9,150 $5.3500 $7,320 $4.2800 - - 100,000 $14,190 $5.0400 $11,825 $4.2000 $9,460 $3.3600 - - 200,000 $19,230 $1.0650 $16,025 $0.8875 $12,820 $0.7100 - - 500,000 $22,425 $1.0950 $18,688 $0.9125 $14,950 $0.7300 - - 1,000,000 $27,900 $2.7900 $23,250 $2.3250 $18,600 $1.8600 S S Occupancy Tenant Improvements 600 $3,398 $37.2488 $2,831 $31.0406 $2,265 $24.8325 - - 3,000 $4,292 $41.7450 $3,576 $34.7875 $2,861 $27.8300 - - 6,000 $5,544 $32.7900 $4,620 $27.3250 $3,696 $21.8600 - - 12,000 $7,511 $6.9450 $6,260 $5.7875 $5,008 $4.6300 - - 30,000 $8,762 $7.1550 $7,301 $5.9625 $5,841 $4.7700 60,000 $10,908 $18.1800 $9,090 $15.1500 $7,272 $12.1200 CC 04-21-20 359 of 548 New Construction - Plan Check Fees Page 5 of 5 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * U Accessory—Private Garage / 40 $928 $152.6213 $773 $127.1844 $619 $101.7475 - Agricultural Building 200 $1,172 $170.9400 $977 $142.4500 $781 $113.9600 - - 400 $1,514 $134.3100 $1,262 $111.9250 $1,009 $89.5400 - - 800 $2,051 $28.4850 $1,709 $23.7375 $1,368 $18.9900 - - 2,000 $2,393 $29.2950 $1,994 $24.4125 $1,595 $19.5300 - - 4,000 $2,979 $74.4750 $2,483 $62.0625 $1,986 $49.6500 - Deferred Submittal - All Except R-3 1,000 $725 $4.7700 $604 $3.9750 $483 $3.1800 - - 5,000 $916 $5.3550 $763 $4.4625 $611 $3.5700 - - 10,000 $1,184 $4.1850 $986 $3.4875 $789 $2.7900 - - 20,000 $1,602 $0.8850 $1,335 $0.7375 $1,068 $0.5900 - - 50,000 $1,868 $0.9150 $1,556 $0.7625 $1,245 $0.6100 - - 100,000 $2,325 $2.3250 $1,938 $1.9375 $1,550 $1.5500 - Deferred Submittal - R-3 1,000 $725 $12.7200 $604 $10.6000 $483 $8.4800 - - 2,500 $916 $17.7900 $763 $14.8250 $611 $11.8600 - - 4,000 $1,183 $21.0150 $986 $17.5125 $788 $14.0100 - - 6,000 $1,603 $13.3350 $1,336 $11.1125 $1,069 $8.8900 - - 8,000 $1,870 $22.9200 $1,558 $19.1000 $1,246 $15.2800 - - 10,000 $2,328 $23.2800 $1,940 $19.4000 $1,552 $15.5200 - Standard Comm. Foundation 500 $2,985 $7.8488 $2,487 $6.5406 $1,990 $5.2325 - w/o Podium 2,500 $3,142 $25.1400 $2,618 $20.9500 $2,095 $16.7600 - - 5,000 $3,770 $3.1350 $3,142 $2.6125 $2,514 $2.0900 - - 10,000 $3,927 $4.1950 $3,273 $3.4958 $2,618 $2.7967 - - 25,000 $4,556 $0.6150 $3,797 $0.5125 $3,038 $0.4100 - - 50,000 $4,710 $9.4200 $3,925 $7.8500 $3,140 $6.2800 SHELL BUILDINGS - All Shell Buildings 500 $2,896 $38.1120 $2,413 $31.7600 $1,931 $25.4080 - - 2,500 $3,658 $42.6720 $3,049 $35.5600 $2,439 $28.4480 - - 5,000 $4,725 $33.5400 $3,938 $27.9500 $3,150 $22.3600 - - 10,000 $6,402 $7.1200 $5,335 $5.9333 $4,268 $4.7467 - - 25,000 $7,470 $7.3200 $6,225 $6.1000 $4,980 $4.8800 - - 50,000 $9,300 $18.6000 $7,750 $15.5000 $6,200 $12.4000 *Each additional 100 square feet, or portion thereof, up to the next highest project size threshold. CC 04-21-20 360 of 548 INSPECTION – NEW CONSTRUCTION FEE SCHEDULE CC 04-21-20 361 of 548 Inspection - New Construction Fee Schedule Page 1 of 4 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * A-1 Assembly—Fixed Seating 1,000 $3,557 $28.9450 $2,964 $24.1208 $2,371 $19.2967 - Theater, Concert Hall 5,000 $4,715 $31.4300 $3,929 $26.1917 $3,143 $20.9533 - - 10,000 $6,286 $14.0600 $5,238 $11.7167 $4,191 $9.3733 - - 20,000 $7,692 $4.1433 $6,410 $3.4528 $5,128 $2.7622 - - 50,000 $8,935 $6.9500 $7,446 $5.7917 $5,957 $4.6333 - - 100,000 $12,410 $12.4100 $10,342 $10.3417 $8,273 $8.2733 A-2 Assembly—Food & Drink 250 $3,138 $102.1838 $2,615 $85.1531 $2,092 $68.1225 - Restaurant, Night Club, Bar 1,250 $4,160 $110.9250 $3,467 $92.4375 $2,773 $73.9500 - - 2,500 $5,547 $49.6350 $4,622 $41.3625 $3,698 $33.0900 - - 5,000 $6,788 $14.6000 $5,656 $12.1667 $4,525 $9.7333 - - 12,500 $7,883 $24.5100 $6,569 $20.4250 $5,255 $16.3400 - - 25,000 $10,946 $43.7850 $9,122 $36.4875 $7,298 $29.1900 A-3 Assembly—Worship, Amusement 1,000 $5,335 $43.4175 $4,446 $36.1813 $3,557 $28.9450 - Arcade, Church, Community Hall 5,000 $7,072 $47.1450 $5,893 $39.2875 $4,715 $31.4300 - - 10,000 $9,429 $21.0900 $7,858 $17.5750 $6,286 $14.0600 - - 20,000 $11,538 $6.2150 $9,615 $5.1792 $7,692 $4.1433 - - 50,000 $13,403 $10.4250 $11,169 $8.6875 $8,935 $6.9500 - - 100,000 $18,615 $18.6150 $15,513 $15.5125 $12,410 $12.4100 A-4 Assembly—Indoor Sport Viewing 500 $3,088 $50.2740 $2,573 $41.8950 $2,059 $33.5160 - Arena, Skating Rink, Tennis Court 2,500 $4,094 $54.5880 $3,411 $45.4900 $2,729 $36.3920 - - 5,000 $5,458 $24.4200 $4,549 $20.3500 $3,639 $16.2800 - - 10,000 $6,679 $7.1720 $5,566 $5.9767 $4,453 $4.7813 - - 25,000 $7,755 $12.0600 $6,463 $10.0500 $5,170 $8.0400 - - 50,000 $10,770 $21.5400 $8,975 $17.9500 $7,180 $14.3600 A-5 Assembly—Outdoor Activities 500 $3,389 $55.1775 $2,824 $45.9813 $2,260 $36.7850 - Amusement Park, Bleacher, Stadium 2,500 $4,493 $59.8950 $3,744 $49.9125 $2,995 $39.9300 - - 5,000 $5,990 $26.8050 $4,992 $22.3375 $3,994 $17.8700 - - 10,000 $7,331 $7.8800 $6,109 $6.5667 $4,887 $5.2533 - - 25,000 $8,513 $13.2300 $7,094 $11.0250 $5,675 $8.8200 - - 50,000 $11,820 $23.6400 $9,850 $19.7000 $7,880 $15.7600 A A Occupancy Tenant Improvements 500 $3,389 $55.1775 $2,824 $45.9813 $2,260 $36.7850 - - 2,500 $4,493 $59.8950 $3,744 $49.9125 $2,995 $39.9300 - - 5,000 $5,990 $26.8050 $4,992 $22.3375 $3,994 $17.8700 - - 10,000 $7,331 $7.8800 $6,109 $6.5667 $4,887 $5.2533 - - 25,000 $8,513 $13.2300 $7,094 $11.0250 $5,675 $8.8200 - - 50,000 $11,820 $23.6400 $9,850 $19.7000 $7,880 $15.7600 B Business—Bank 500 $3,515 $57.2288 $2,929 $47.6906 $2,343 $38.1525 - - 2,500 $4,659 $62.1150 $3,883 $51.7625 $3,106 $41.4100 - - 5,000 $6,212 $27.7950 $5,177 $23.1625 $4,142 $18.5300 - - 10,000 $7,602 $8.1700 $6,335 $6.8083 $5,068 $5.4467 - - 25,000 $8,828 $13.7400 $7,356 $11.4500 $5,885 $9.1600 - - 50,000 $12,263 $24.5250 $10,219 $20.4375 $8,175 $16.3500 B Business—Laundromat 200 $3,138 $127.7138 $2,615 $106.4281 $2,092 $85.1425 - - 1,000 $4,160 $138.6750 $3,467 $115.5625 $2,773 $92.4500 - - 2,000 $5,547 $62.0250 $4,622 $51.6875 $3,698 $41.3500 - - 4,000 $6,787 $18.2550 $5,656 $15.2125 $4,525 $12.1700 - - 10,000 $7,883 $30.6450 $6,569 $25.5375 $5,255 $20.4300 - - 20,000 $10,947 $54.7350 $9,123 $45.6125 $7,298 $36.4900 B Business—Clinic, Outpatient 500 $3,578 $58.2338 $2,981 $48.5281 $2,385 $38.8225 - - 2,500 $4,742 $63.2400 $3,952 $52.7000 $3,162 $42.1600 - - 5,000 $6,323 $28.2750 $5,269 $23.5625 $4,216 $18.8500 - - 10,000 $7,737 $8.3200 $6,448 $6.9333 $5,158 $5.5467 - - 25,000 $8,985 $13.9800 $7,488 $11.6500 $5,990 $9.3200 - - 50,000 $12,480 $24.9600 $10,400 $20.8000 $8,320 $16.6400 B Business—Professional Office 1,000 $4,770 $38.8275 $3,975 $32.3563 $3,180 $25.8850 - - 5,000 $6,323 $42.1650 $5,269 $35.1375 $4,216 $28.1100 - - 10,000 $8,432 $18.8550 $7,026 $15.7125 $5,621 $12.5700 - - 20,000 $10,317 $5.5350 $8,598 $4.6125 $6,878 $3.6900 - - 50,000 $11,978 $9.3150 $9,981 $7.7625 $7,985 $6.2100 - - 100,000 $16,635 $16.6350 $13,863 $13.8625 $11,090 $11.0900 B B Occupancy Tenant Improvements 300 $2,762 $74.9250 $2,301 $62.4375 $1,841 $49.9500 - - 1,500 $3,661 $81.3600 $3,051 $67.8000 $2,441 $54.2400 - - 3,000 $4,881 $36.4050 $4,068 $30.3375 $3,254 $24.2700 - - 6,000 $5,973 $10.7050 $4,978 $8.9208 $3,982 $7.1367 - - 15,000 $6,937 $17.9850 $5,781 $14.9875 $4,625 $11.9900 - - 30,000 $9,635 $32.1150 $8,029 $26.7625 $6,423 $21.4100 CITY OF CUPERTINO, CA Building Division Schedule of New Construction Fees INSPECTION FEES ONLY CC 04-21-20 362 of 548 Inspection - New Construction Fee Schedule Page 2 of 4 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * E Educational— Preschool / School 100 $2,699 $219.6713 $2,249 $183.0594 $1,799 $146.4475 - - 500 $3,578 $238.5150 $2,981 $198.7625 $2,385 $159.0100 - - 1,000 $4,770 $106.6950 $3,975 $88.9125 $3,180 $71.1300 - - 2,000 $5,837 $31.3800 $4,864 $26.1500 $3,891 $20.9200 - - 5,000 $6,779 $52.7100 $5,649 $43.9250 $4,519 $35.1400 - - 10,000 $9,414 $94.1400 $7,845 $78.4500 $6,276 $62.7600 E E Occupancy Tenant Improvements 100 $2,511 $204.3450 $2,092 $170.2875 $1,674 $136.2300 - - 500 $3,328 $221.8650 $2,773 $184.8875 $2,219 $147.9100 - - 1,000 $4,437 $99.2700 $3,698 $82.7250 $2,958 $66.1800 - - 2,000 $5,430 $29.2000 $4,525 $24.3333 $3,620 $19.4667 - - 5,000 $6,306 $49.0500 $5,255 $40.8750 $4,204 $32.7000 - - 10,000 $8,759 $87.5850 $7,299 $72.9875 $5,839 $58.3900 F-1 Factory Industrial—Moderate Hazard 1,000 $3,994 $28.8450 $3,328 $24.0375 $2,662 $19.2300 - - 5,000 $5,147 $30.1800 $4,290 $25.1500 $3,432 $20.1200 - - 10,000 $6,656 $15.9720 $5,547 $13.3100 $4,438 $10.6480 - - 20,000 $8,254 $4.4280 $6,878 $3.6900 $5,502 $2.9520 - - 50,000 $9,582 $7.4520 $7,985 $6.2100 $6,388 $4.9680 - - 100,000 $13,308 $13.3080 $11,090 $11.0900 $8,872 $8.8720 F-2 Factory Industrial—Low Hazard 1,000 $4,707 $38.3175 $3,923 $31.9313 $3,138 $25.5450 - - 5,000 $6,240 $41.6100 $5,200 $34.6750 $4,160 $27.7400 - - 10,000 $8,321 $18.6150 $6,934 $15.5125 $5,547 $12.4100 - - 20,000 $10,182 $5.4600 $8,485 $4.5500 $6,788 $3.6400 - - 50,000 $11,820 $9.2100 $9,850 $7.6750 $7,880 $6.1400 - - 100,000 $16,425 $16.4250 $13,688 $13.6875 $10,950 $10.9500 F F Occupancy Tenant Improvements 1,000 $3,163 $25.7520 $2,636 $21.4600 $2,109 $17.1680 - - 5,000 $4,193 $27.9480 $3,495 $23.2900 $2,796 $18.6320 - - 10,000 $5,591 $12.5160 $4,659 $10.4300 $3,727 $8.3440 - - 20,000 $6,842 $3.6720 $5,702 $3.0600 $4,562 $2.4480 - - 50,000 $7,944 $6.1920 $6,620 $5.1600 $5,296 $4.1280 - - 100,000 $11,040 $11.0400 $9,200 $9.2000 $7,360 $7.3600 H-1 High Hazard Group H-1 100 $2,260 $183.9175 $1,883 $153.2646 $1,506 $122.6117 - - 500 $2,995 $199.6800 $2,496 $166.4000 $1,997 $133.1200 - - 1,000 $3,994 $89.3200 $3,328 $74.4333 $2,662 $59.5467 - - 2,000 $4,887 $26.2733 $4,072 $21.8944 $3,258 $17.5156 - - 5,000 $5,675 $44.1400 $4,729 $36.7833 $3,783 $29.4267 - - 10,000 $7,882 $78.8200 $6,568 $65.6833 $5,255 $52.5467 H-2 High Hazard Group H-2 100 $2,711 $220.7010 $2,260 $183.9175 $1,808 $147.1340 - - 500 $3,594 $239.6160 $2,995 $199.6800 $2,396 $159.7440 - - 1,000 $4,792 $107.1840 $3,994 $89.3200 $3,195 $71.4560 - - 2,000 $5,864 $31.5280 $4,887 $26.2733 $3,909 $21.0187 - - 5,000 $6,810 $52.9680 $5,675 $44.1400 $4,540 $35.3120 - - 10,000 $9,458 $94.5840 $7,882 $78.8200 $6,306 $63.0560 H-3 High Hazard Group H-3 100 $3,389 $275.8763 $2,824 $229.8969 $2,260 $183.9175 - - 500 $4,493 $299.5200 $3,744 $249.6000 $2,995 $199.6800 - - 1,000 $5,990 $133.9800 $4,992 $111.6500 $3,994 $89.3200 - - 2,000 $7,330 $39.4100 $6,109 $32.8417 $4,887 $26.2733 - - 5,000 $8,513 $66.2100 $7,094 $55.1750 $5,675 $44.1400 - - 10,000 $11,823 $118.2300 $9,853 $98.5250 $7,882 $78.8200 H-4 High Hazard Group H-4 100 $2,711 $220.7010 $2,260 $183.9175 $1,808 $147.1340 - - 500 $3,594 $239.6160 $2,995 $199.6800 $2,396 $159.7440 - - 1,000 $4,792 $107.1840 $3,994 $89.3200 $3,195 $71.4560 - - 2,000 $5,864 $31.5280 $4,887 $26.2733 $3,909 $21.0187 - - 5,000 $6,810 $52.9680 $5,675 $44.1400 $4,540 $35.3120 - - 10,000 $9,458 $94.5840 $7,882 $78.8200 $6,306 $63.0560 H-5 High Hazard Group H-5 100 $2,711 $220.7010 $2,260 $183.9175 $1,808 $147.1340 - - 500 $3,594 $239.6160 $2,995 $199.6800 $2,396 $159.7440 - - 1,000 $4,792 $107.1840 $3,994 $89.3200 $3,195 $71.4560 - - 2,000 $5,864 $31.5280 $4,887 $26.2733 $3,909 $21.0187 - - 5,000 $6,810 $52.9680 $5,675 $44.1400 $4,540 $35.3120 - - 10,000 $9,458 $94.5840 $7,882 $78.8200 $6,306 $63.0560 H H Occupancy Tenant Improvements 100 $2,159 $175.7370 $1,799 $146.4475 $1,439 $117.1580 - - 500 $2,862 $190.8120 $2,385 $159.0100 $1,908 $127.2080 - - 1,000 $3,816 $85.3560 $3,180 $71.1300 $2,544 $56.9040 - - 2,000 $4,670 $25.1040 $3,891 $20.9200 $3,113 $16.7360 - - 5,000 $5,423 $42.1680 $4,519 $35.1400 $3,615 $28.1120 - - 10,000 $7,531 $75.3120 $6,276 $62.7600 $5,021 $50.2080 I-1 Institutional—7+ persons, ambulatory 500 $3,013 $49.0440 $2,511 $40.8700 $2,008 $32.6960 - - 2,500 $3,994 $53.2560 $3,328 $44.3800 $2,662 $35.5040 - - 5,000 $5,325 $23.8200 $4,438 $19.8500 $3,550 $15.8800 - - 10,000 $6,516 $7.0000 $5,430 $5.8333 $4,344 $4.6667 - - 25,000 $7,566 $11.7840 $6,305 $9.8200 $5,044 $7.8560 - - 50,000 $10,512 $21.0240 $8,760 $17.5200 $7,008 $14.0160 I-2 Institutional—6+ persons, non-ambulatory 500 $3,766 $61.3050 $3,138 $51.0875 $2,511 $40.8700 - - 2,500 $4,992 $66.5700 $4,160 $55.4750 $3,328 $44.3800 - - 5,000 $6,656 $29.7750 $5,547 $24.8125 $4,438 $19.8500 - - 10,000 $8,145 $8.7500 $6,788 $7.2917 $5,430 $5.8333 - - 25,000 $9,458 $14.7300 $7,881 $12.2750 $6,305 $9.8200 - - 50,000 $13,140 $26.2800 $10,950 $21.9000 $8,760 $17.5200 CC 04-21-20 363 of 548 Inspection - New Construction Fee Schedule Page 3 of 4 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * I-3 Institutional—6+ persons, restrained 500 $3,766 $61.3050 $3,138 $51.0875 $2,511 $40.8700 - - 2,500 $4,992 $66.5700 $4,160 $55.4750 $3,328 $44.3800 - - 5,000 $6,656 $29.7750 $5,547 $24.8125 $4,438 $19.8500 - - 10,000 $8,145 $8.7500 $6,788 $7.2917 $5,430 $5.8333 - - 25,000 $9,458 $14.7300 $7,881 $12.2750 $6,305 $9.8200 - - 50,000 $13,140 $26.2800 $10,950 $21.9000 $8,760 $17.5200 I-4 Institutional—6+ persons, day care 500 $3,766 $61.3050 $3,138 $51.0875 $2,511 $40.8700 - - 2,500 $4,992 $66.5700 $4,160 $55.4750 $3,328 $44.3800 - - 5,000 $6,656 $29.7750 $5,547 $24.8125 $4,438 $19.8500 - - 10,000 $8,145 $8.7500 $6,788 $7.2917 $5,430 $5.8333 - - 25,000 $9,458 $14.7300 $7,881 $12.2750 $6,305 $9.8200 - - 50,000 $13,140 $26.2800 $10,950 $21.9000 $8,760 $17.5200 I I Occupancy Tenant Improvements 100 $2,109 $171.6570 $1,757 $143.0475 $1,406 $114.4380 - - 500 $2,796 $186.3600 $2,330 $155.3000 $1,864 $124.2400 - - 1,000 $3,727 $83.3880 $3,106 $69.4900 $2,485 $55.5920 - - 2,000 $4,561 $24.5200 $3,801 $20.4333 $3,041 $16.3467 - - 5,000 $5,297 $41.2080 $4,414 $34.3400 $3,531 $27.4720 - - 10,000 $7,357 $73.5720 $6,131 $61.3100 $4,905 $49.0480 M Mercantile 2,000 $5,335 $21.7200 $4,446 $18.1000 $3,557 $14.4800 - - 10,000 $7,073 $23.5650 $5,894 $19.6375 $4,715 $15.7100 - - 20,000 $9,429 $10.5450 $7,858 $8.7875 $6,286 $7.0300 - - 40,000 $11,538 $3.0950 $9,615 $2.5792 $7,692 $2.0633 - - 100,000 $13,395 $5.2050 $11,163 $4.3375 $8,930 $3.4700 - - 200,000 $18,600 $9.3000 $15,500 $7.7500 $12,400 $6.2000 M M Occupancy Tenant Improvements 300 $3,138 $85.1475 $2,615 $70.9563 $2,092 $56.7650 - - 1,500 $4,160 $92.4450 $3,467 $77.0375 $2,773 $61.6300 - - 3,000 $5,547 $41.3700 $4,622 $34.4750 $3,698 $27.5800 - - 6,000 $6,788 $12.1550 $5,657 $10.1292 $4,525 $8.1033 - - 15,000 $7,882 $20.4450 $6,568 $17.0375 $5,255 $13.6300 - - 30,000 $10,949 $36.4950 $9,124 $30.4125 $7,299 $24.3300 R-1 Residential—Hotels & Motels 3,000 $8,786 $9.1538 $7,322 $7.6281 $5,857 $6.1025 - - 15,000 $9,884 $7.3350 $8,237 $6.1125 $6,590 $4.8900 - - 30,000 $10,985 $5.4750 $9,154 $4.5625 $7,323 $3.6500 - - 60,000 $12,627 $0.8200 $10,523 $0.6833 $8,418 $0.5467 - - 150,000 $13,365 $1.3500 $11,138 $1.1250 $8,910 $0.9000 - - 300,000 $15,390 $5.1300 $12,825 $4.2750 $10,260 $3.4200 R-2 Residential—Apartment Building 800 $6,922 $27.0375 $5,769 $22.5313 $4,615 $18.0250 - - 4,000 $7,787 $21.6450 $6,490 $18.0375 $5,192 $14.4300 - - 8,000 $8,653 $16.2150 $7,211 $13.5125 $5,769 $10.8100 - - 16,000 $9,950 $2.4150 $8,292 $2.0125 $6,634 $1.6100 - - 40,000 $10,530 $3.9450 $8,775 $3.2875 $7,020 $2.6300 - - 80,000 $12,108 $15.1350 $10,090 $12.6125 $8,072 $10.0900 R-3 Dwellings—Custom Homes, Models, First Master Plan 1,000 $5,325 $44.3600 $4,437 $36.9667 $3,550 $29.5733 - - 2,500 $5,990 $44.3700 $4,992 $36.9750 $3,994 $29.5800 - - 4,000 $6,656 $49.9350 $5,547 $41.6125 $4,437 $33.2900 - - 6,000 $7,655 $22.1550 $6,379 $18.4625 $5,103 $14.7700 - - 8,000 $8,098 $61.0200 $6,748 $50.8500 $5,398 $40.6800 - - 10,000 $9,318 $93.1800 $7,765 $77.6500 $6,212 $62.1200 R-3 Dwellings—Production Phase 1,000 $5,325 $44.3600 $4,437 $36.9667 $3,550 $29.5733 - of Master Plan (repeats)2,500 $5,990 $44.3700 $4,992 $36.9750 $3,994 $29.5800 - - 4,000 $6,656 $49.9350 $5,547 $41.6125 $4,437 $33.2900 - - 6,000 $7,655 $22.1550 $6,379 $18.4625 $5,103 $14.7700 - - 8,000 $8,098 $61.0200 $6,748 $50.8500 $5,398 $40.6800 - - 10,000 $9,318 $93.1800 $7,765 $77.6500 $6,212 $62.1200 R-3 Dwellings—Alternate Materials 1,000 $5,325 $44.3600 $4,437 $36.9667 $3,550 $29.5733 - - 2,500 $5,990 $44.3700 $4,992 $36.9750 $3,994 $29.5800 - - 4,000 $6,656 $49.9350 $5,547 $41.6125 $4,437 $33.2900 - - 6,000 $7,655 $22.1550 $6,379 $18.4625 $5,103 $14.7700 - - 8,000 $8,098 $61.0200 $6,748 $50.8500 $5,398 $40.6800 - - 10,000 $9,318 $93.1800 $7,765 $77.6500 $6,212 $62.1200 R-3 Dwellings—Hillside - Custom Homes, Models 1,000 $5,502 $45.8550 $4,585 $38.2125 $3,668 $30.5700 - First Master Plan 2,500 $6,190 $45.8450 $5,158 $38.2042 $4,127 $30.5633 - - 4,000 $6,878 $51.5700 $5,732 $42.9750 $4,585 $34.3800 - - 6,000 $7,909 $22.9200 $6,591 $19.1000 $5,273 $15.2800 - - 8,000 $8,368 $63.0450 $6,973 $52.5375 $5,578 $42.0300 - - 10,000 $9,629 $96.2850 $8,024 $80.2375 $6,419 $64.1900 R-3 Dwellings—Hillside - Production Phase 1,000 $5,502 $45.8550 $4,585 $38.2125 $3,668 $30.5700 - of Master Plan (repeats)2,500 $6,190 $45.8450 $5,158 $38.2042 $4,127 $30.5633 - - 4,000 $6,878 $51.5700 $5,732 $42.9750 $4,585 $34.3800 - - 6,000 $7,909 $22.9200 $6,591 $19.1000 $5,273 $15.2800 - - 8,000 $8,368 $63.0450 $6,973 $52.5375 $5,578 $42.0300 - - 10,000 $9,629 $96.2850 $8,024 $80.2375 $6,419 $64.1900 R-3 Dwellings—Hillside - Alternate Materials 1,000 $5,502 $45.8550 $4,585 $38.2125 $3,668 $30.5700 - - 2,500 $6,190 $45.8450 $5,158 $38.2042 $4,127 $30.5633 - - 4,000 $6,878 $51.5700 $5,732 $42.9750 $4,585 $34.3800 - - 6,000 $7,909 $22.9200 $6,591 $19.1000 $5,273 $15.2800 - - 8,000 $8,368 $63.0450 $6,973 $52.5375 $5,578 $42.0300 - - 10,000 $9,629 $96.2850 $8,024 $80.2375 $6,419 $64.1900 CC 04-21-20 364 of 548 Inspection - New Construction Fee Schedule Page 4 of 4 Construction Type Construction Type Construction Type IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB IBC Class IBC Occupancy Type Project Size Threshold Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * Base Cost @ Threshold Size Cost for Each Additional 100 sf * R-3 Group Care 1,000 $7,100 $22.1963 $5,916 $18.4969 $4,733 $14.7975 - - 5,000 $7,988 $17.7300 $6,656 $14.7750 $5,325 $11.8200 - - 10,000 $8,874 $13.3200 $7,395 $11.1000 $5,916 $8.8800 - - 20,000 $10,206 $1.9800 $8,505 $1.6500 $6,804 $1.3200 - - 50,000 $10,800 $3.2400 $9,000 $2.7000 $7,200 $2.1600 - - 100,000 $12,420 $12.4200 $10,350 $10.3500 $8,280 $8.2800 R-4 Group Care 100 $4,437 $138.6675 $3,698 $115.5563 $2,958 $92.4450 - - 500 $4,992 $110.9400 $4,160 $92.4500 $3,328 $73.9600 - - 1,000 $5,547 $83.1900 $4,622 $69.3250 $3,698 $55.4600 - - 2,000 $6,379 $12.3300 $5,316 $10.2750 $4,252 $8.2200 - - 5,000 $6,749 $20.3400 $5,624 $16.9500 $4,499 $13.5600 - - 10,000 $7,766 $77.6550 $6,471 $64.7125 $5,177 $51.7700 R R Occupancy Tenant Improvements 80 $3,905 $152.5350 $3,254 $127.1125 $2,603 $101.6900 - - 400 $4,393 $122.0100 $3,661 $101.6750 $2,929 $81.3400 - - 800 $4,881 $91.5150 $4,068 $76.2625 $3,254 $61.0100 - - 1,600 $5,613 $13.5700 $4,678 $11.3083 $3,742 $9.0467 - - 4,000 $5,939 $22.3800 $4,949 $18.6500 $3,959 $14.9200 - - 8,000 $6,834 $85.4250 $5,695 $71.1875 $4,556 $56.9500 S-1 Storage—Moderate Hazard 600 $2,812 $38.1480 $2,343 $31.7900 $1,875 $25.4320 - - 3,000 $3,727 $41.4240 $3,106 $34.5200 $2,485 $27.6160 - - 6,000 $4,970 $18.5160 $4,142 $15.4300 $3,313 $12.3440 - - 12,000 $6,081 $5.4560 $5,068 $4.5467 $4,054 $3.6373 - - 30,000 $7,063 $9.1440 $5,886 $7.6200 $4,709 $6.0960 - - 60,000 $9,806 $16.3440 $8,172 $13.6200 $6,538 $10.8960 S-2 Storage—Low Hazard 10,000 $8,097 $6.5888 $6,748 $5.4906 $5,398 $4.3925 - - 50,000 $10,733 $7.1550 $8,944 $5.9625 $7,155 $4.7700 - - 100,000 $14,310 $3.2100 $11,925 $2.6750 $9,540 $2.1400 - - 200,000 $17,520 $0.9350 $14,600 $0.7792 $11,680 $0.6233 - - 500,000 $20,325 $1.5750 $16,938 $1.3125 $13,550 $1.0500 - - 1,000,000 $28,200 $2.8200 $23,500 $2.3500 $18,800 $1.8800 S S Occupancy Tenant Improvements 600 $3,326 $45.1275 $2,772 $37.6063 $2,218 $30.0850 - - 3,000 $4,410 $49.0050 $3,675 $40.8375 $2,940 $32.6700 - - 6,000 $5,880 $21.9150 $4,900 $18.2625 $3,920 $14.6100 - - 12,000 $7,195 $6.4550 $5,996 $5.3792 $4,796 $4.3033 - - 30,000 $8,357 $10.8150 $6,964 $9.0125 $5,571 $7.2100 - - 60,000 $11,601 $19.3350 $9,668 $16.1125 $7,734 $12.8900 U Accessory—Private Garage / 40 $1,695 $344.8425 $1,412 $287.3688 $1,130 $229.8950 - Agricultural Building 200 $2,246 $374.4000 $1,872 $312.0000 $1,498 $249.6000 - - 400 $2,995 $167.4900 $2,496 $139.5750 $1,997 $111.6600 - - 800 $3,665 $49.2700 $3,054 $41.0583 $2,443 $32.8467 - - 2,000 $4,256 $82.7700 $3,547 $68.9750 $2,838 $55.1800 - - 4,000 $5,912 $147.7950 $4,927 $123.1625 $3,941 $98.5300 - Deferred Submittal - All Except R-3 1,000 $3,578 $29.1150 $2,981 $24.2625 $2,385 $19.4100 - - 5,000 $4,742 $31.6050 $3,952 $26.3375 $3,162 $21.0700 - - 10,000 $6,323 $14.1450 $5,269 $11.7875 $4,215 $9.4300 - - 20,000 $7,737 $4.1600 $6,448 $3.4667 $5,158 $2.7733 - - 50,000 $8,985 $6.9900 $7,488 $5.8250 $5,990 $4.6600 - - 100,000 $12,480 $12.4800 $10,400 $10.4000 $8,320 $8.3200 - Deferred Submittal - R-3 1,000 $3,766 $81.7400 $3,138 $68.1167 $2,511 $54.4933 - - 2,500 $4,992 $110.9200 $4,160 $92.4333 $3,328 $73.9467 - - 4,000 $6,656 $74.4600 $5,547 $62.0500 $4,437 $49.6400 - - 6,000 $8,145 $65.6700 $6,788 $54.7250 $5,430 $43.7800 - - 8,000 $9,458 $183.9300 $7,882 $153.2750 $6,306 $122.6200 - - 10,000 $13,137 $131.3700 $10,948 $109.4750 $8,758 $87.5800 - Standard Comm. Foundation 500 $4,615 $28.8338 $3,846 $24.0281 $3,077 $19.2225 - w/o Podium 2,500 $5,192 $23.0700 $4,326 $19.2250 $3,461 $15.3800 - - 5,000 $5,768 $17.3250 $4,807 $14.4375 $3,846 $11.5500 - - 10,000 $6,635 $2.5700 $5,529 $2.1417 $4,423 $1.7133 - - 25,000 $7,020 $4.2300 $5,850 $3.5250 $4,680 $2.8200 - - 50,000 $8,078 $16.1550 $6,731 $13.4625 $5,385 $10.7700 SHELL BUILDINGS - All Shell Buildings 500 $2,511 $40.8660 $2,092 $34.0550 $1,674 $27.2440 - - 2,500 $3,328 $44.3880 $2,773 $36.9900 $2,219 $29.5920 - - 5,000 $4,438 $19.8480 $3,698 $16.5400 $2,958 $13.2320 - - 10,000 $5,430 $5.8400 $4,525 $4.8667 $3,620 $3.8933 - - 25,000 $6,306 $9.8160 $5,255 $8.1800 $4,204 $6.5440 - - 50,000 $8,760 $17.5200 $7,300 $14.6000 $5,840 $11.6800 *Each additional 100 square feet, or portion thereof, up to the next highest project size threshold. CC 04-21-20 365 of 548 MECHANICAL, ELECTRICAL, & PLUMBING FEES CC 04-21-20 366 of 548 User Fee (Cost of Services) Study FY 15-16 Budget City of Cupertino, CA Building Division Matrix Consulting Group Page 1 of 3 MECHANICAL, ELECTRICAL & PLUMBING PERMIT FEES FEE TYPES Actual Unit Cost 2.47$ ADMINISTRATIVE AND MISC. FEES Travel and Documentation Fees:50.29$ 48.00$ (2.29)$ 95% MECHANICAL PERMIT FEES 49.30$ 48.00$ (1.30)$ 97% Stand Alone Mechanical Plan Check (hourly rate)147.91$ 143.00$ (4.91)$ 97% UNIT FEES:0% Install/Relocate forced air or gravity-type furnace or burner (including attached ducts and vents) up to and including 100,000 Btu/h (each)147.91$ 143.00$ (4.91)$ 97% Install/Relocate forced air or gravity-type furnace or burner (including attached ducts and vents) over 100,000 Btu/h (each)147.91$ 143.00$ (4.91)$ 97% Install/Relocate floor furnace, including vent (each)73.96$ 72.00$ (1.96)$ 97% Install/Relocate suspended heater, recessed wall heater, or floor-mounted unit heater (each)73.96$ 72.00$ (1.96)$ 97% Install/Relocate suspended heater, recessed wall heater, or floor-mounted unit heater (each)73.96$ 72.00$ (1.96)$ 97% Install/Relocate/Replace appliance vent installed and not included in an appliance permit (each)73.96$ 72.00$ (1.96)$ 97% Install/Relocate/Replace appliance vent installed and not included in an appliance permit (each)73.96$ 72.00$ (1.96)$ 97% Repair/Alter/Add heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evaporative cooling system, including installation of controls (each) - Residential 73.96$ 72.00$ (1.96)$ 97% Repair/Alter/Add heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evaporative cooling system, including installation of controls (each) - Commercial 147.91$ 143.00$ (4.91)$ 97% Install/Relocate boiler or compressor, up to and including 3HP, or absorption system up to and including 100,000 Btu/h (each)147.91$ 107.00$ (40.91)$ 72% Install/Relocate boiler or compressor, over 3HP and up to and including 15 HP, or absorption system over 100,000 Btu/h and up to and including 500,000 Btu/h (each)147.91$ 132.00$ (15.91)$ 89% Install/Relocate boiler or compressor, over 15 HP and up to and including 30 HP, or absorption system over 500,000 Btu/h and up to and including 1,000,000 Btu/h (each)184.89$ 156.00$ (28.89)$ 84% Install/Relocate boiler or compressor, over 30 HP and up to and including 50 HP, or absorption system over 1,000,000 Btu/h and up to and including 1,750,000 Btu/h (each)184.89$ 179.00$ (5.89)$ 97% Install/Relocate boiler or compressor, over 50 HP, or absorption system over 1,750,000 Btu/h (each)221.87$ 203.00$ (18.87)$ 91% Air-handling unit, including attached ducts. (Note: this fee shall not apply to an air- handling unit that is a portion of a factory-assembled appliance, cooling unit, evaporative cooler, or absorption unit for which a permit is required elsewhere) (each) - Residential 73.96$ 72.00$ (1.96)$ 97% Air-handling unit, including attached ducts. (Note: this fee shall not apply to an air- handling unit that is a portion of a factory-assembled appliance, cooling unit, evaporative cooler, or absorption unit for which a permit is required elsewhere) (each) - Commercial 221.87$ 143.00$ (78.87)$ 64% Air-handling unit over 10,000 CFM (each)147.91$ 143.00$ (4.91)$ 97% Ventilation fan connected to a single duct (each)73.96$ 25.00$ (48.96)$ 34% Ventilation system that is not a portion of any heating or air-conditioning system authorized by a permit (each)110.93$ (110.93)$ 0% Hood installation that is served by mechanical exhaust, including the ducts for such hood (each) - Residential 73.96$ 36.00$ (37.96)$ 49% Hood installation that is served by mechanical exhaust, including the ducts for such hood (each) - Commercial 221.87$ 143.00$ (78.87)$ 64% Appliance or piece of equipment not classed in other appliance categories, or for which no other fee is listed (each)110.93$ 107.00$ (3.93)$ 96% OTHER FEES:-$ -$ 0% Other Mechanical Inspections (per hour)147.91$ 143.00$ (4.91)$ 97% UNIT COSTS Cost Recovery % FY 14-15 Average Current Fee Subsidy to Public per Unit CC 04-21-20 367 of 548 User Fee (Cost of Services) Study FY 15-16 Budget City of Cupertino, CA Building Division Matrix Consulting Group Page 2 of 3 FEE TYPES Actual Unit Cost 2.47$ UNIT COSTS Cost Recovery % FY 14-15 Average Current Fee Subsidy to Public per Unit PLUMBING/GAS PERMIT FEES 50.29$ 48.00$ (2.29)$ 95% Stand Alone Plumbing Plan Check (hourly rate)147.91$ 143.00$ (4.91)$ 97% UNIT FEES: Plumbing fixture or trap or set of fixtures on one trap, including water, drainage piping, and backflow protection (each)10.35$ 10.00$ (0.35)$ 97% Building or trailer park sewer (each - Residential)36.98$ 25.00$ (11.98)$ 68% Building or trailer park sewer (each - Commercial)73.96$ 25.00$ (48.96)$ 34% Rainwater system inside building (per drain)10.35$ (10.35)$ 0% Cesspool (each)147.91$ 143.00$ (4.91)$ 97% Private sewage disposal system (each)147.91$ 143.00$ (4.91)$ 97% Water Heater and/or vent (each) - Residential 36.98$ 29.00$ (7.98)$ 78% Water Heater and/or vent (each) - Commercial 110.93$ 29.00$ (81.93)$ 26% Industrial waste pretreatment interceptor, including its trap and vent, excepting kitchen-type grease interceptors functioning as fixture traps (each)110.93$ 36.00$ (74.93)$ 32% Install/Alter/Repair water piping and/or water treating equipment (each)50.29$ 48.00$ (2.29)$ 95% Repair/Alter drainage or vent piping (each fixture)50.29$ 48.00$ (2.29)$ 95% Lawn sprinkler system on any one meter, including backflow protection devices therefore (each)73.96$ 72.00$ (1.96)$ 97% Backflow devices not included in other fee services, e.g., building/trailer park sewer (each)73.96$ 72.00$ (1.96)$ 97% Atmospheric-type vacuum breakers not included in other fee services, e.g., building/trailer park sewer (1-5 units)73.96$ 72.00$ (1.96)$ 97% Atmospheric-type vacuum breakers not included in other fee services, e.g., building/trailer park sewer (each unit over 5 units)73.96$ 72.00$ (1.96)$ 97% For each gas piping system of 1-4 outlets 73.96$ 72.00$ (1.96)$ 97% For each gas piping system of 1-4 outlets 73.96$ 72.00$ (1.96)$ 97% For each gas piping system of 5 or more outlets (each)73.96$ 72.00$ (1.96)$ 97% Water Service (Residential)36.98$ 25.00$ (11.98)$ 68% Re-pipe per fixture - Residential 14.79$ 14.00$ (0.79)$ 95% Re-pipe per fixture - Commercial 9.86$ 9.00$ (0.86)$ 91% OTHER FEES:-$ -$ 0% Other Plumbing and Gas Inspections (per hour)147.91$ 143.00$ (4.91)$ 97% CC 04-21-20 368 of 548 User Fee (Cost of Services) Study FY 15-16 Budget City of Cupertino, CA Building Division Matrix Consulting Group Page 3 of 3 FEE TYPES Actual Unit Cost 2.47$ UNIT COSTS Cost Recovery % FY 14-15 Average Current Fee Subsidy to Public per Unit ELECTRICAL PERMIT FEES 50.29$ 48.00$ (2.29)$ 95% Stand Alone Electrical Plan Check (hourly rate)147.91$ 143.00$ (4.91)$ 97% UNIT FEES: Receptacle, Switch, and Lighting Outlets Receptacle, switch, lighting, or other outlets at which current is used or controlled, except services, feeders, and meters First 20 50.29$ 48.00$ (2.29)$ 95% Each Additional 4.44$ 5.00$ 0.56$ 113% Lighting Fixtures -$ -$ 0% Lighting Fixtures, sockets, or other lamp-holding devices -$ -$ 0% First 20 73.96$ 72.00$ (1.96)$ 97% Additional Fixtures, each 5.92$ 6.00$ 0.08$ 101% Pole or platform-mounted lighting fixtures (each)16.27$ 16.00$ (0.27)$ 98% Theatrical-type lighting fixtures or assemblies (each)14.79$ 14.00$ (0.79)$ 95% Residential Appliances -$ 0% Fixed residential appliances or receptacle outlets for same, including wall- mounted electric ovens; counter mounted cooking tops; electric ranges; self- contained room console or through-wall air conditioners; space heaters; food waste grinders; dishwashers; washing machines; water heaters; clothes dryers; or other motor-operated appliances (each) not exceeding one horsepower (HP) in rating (each)25.14$ 25.00$ (0.14)$ 99% Nonresidential Appliances -$ -$ 0% Residential appliances and self-contained factory-wired, nonresidential appliances not exceeding one horsepower (HP), kilowatt (kW), or kilovolt- ampere (kVA) in rating, including medical and dental devices; food, beverage, and ice cream cabinets; illuminated show cases; drinking fountains; vending machines; laundry machines; or other similar types of equipment (each)50.29$ 48.00$ (2.29)$ 95% Power Apparatus Motors, generators, transformers, rectifiers, synchronous converters, capacitors, industrial heating, air conditioners and heat pumps, cooking or baking equipment, and other apparatus. Rating in horsepower (HP), kilowatts (kW), or kilovolt-amperes (kVA), or kilovolt-amperes-reactive (kVAR)147.91$ 143.00$ (4.91)$ 97% 1 Unit 36.98$ 36.00$ (0.98)$ 97% 2 through 5 units, each additional 36.98$ 36.00$ (0.98)$ 97% 6 and over, each additional 36.98$ 36.00$ (0.98)$ 97% Busways -$ -$ 0% Trolley and plug-in-type busways - each 100 feet or fraction thereof 73.96$ 25.00$ (48.96)$ 34% Signs, Outline Lighting, and Marquees -$ -$ 0% Signs, Outline Lighting, or Marquees supplied from one branch circuit (each)50.29$ 48.00$ (2.29)$ 95% Additional branch circuits within the same sign, outline lighting system, or marquee (each)25.14$ 25.00$ (0.14)$ 99% Services (Temporary Power)-$ -$ 0% Services of 600 volts or less, up to 200 amperes in rating (each)50.29$ 48.00$ (2.29)$ 95% Services of 600 volts or less, 201 to 1000 amperes in rating (each)73.96$ 72.00$ (1.96)$ 97% Services over 600 volts or over 1000 amperes in rating (each)87.27$ 84.00$ (3.27)$ 96% Fore services of 600 volts or less and not over 200 amperes in rating, each (Residential)50.29$ 48.00$ (2.29)$ 95% For services of 600 volts or less and over 200 amperes to 1,000 amperes in rating, each (Residential)73.96$ 72.00$ (1.96)$ 97% For services over 600 volts over 1,000 amperes in rating, each (Residential)147.91$ 84.00$ (63.91)$ 57% Miscellaneous Apparatus, Conduits, and Conductors -$ -$ 0% Electrical apparatus, conduits, and conductors for which a permit is required, but for which no fee is herein set forth 147.91$ 143.00$ (4.91)$ 97% OTHER FEES: Other Electrical Inspections (per hour)147.91$ 143.00$ (4.91)$ 97% CC 04-21-20 369 of 548 MISCELLANEOUS BUILDING FEES CC 04-21-20 370 of 548 User Fee (Cost of Services) Study FY 15-16 Budget City of Cupertino, CA Building Division Matrix Consulting Group Page 1 of 5 MISCELLANEOUS ITEMS PERMIT FEES UNIT COSTS Work Item Unit Total Actual Cost Average Current Fee Subsidy to Public per Unit Standard Hourly Rate 147.91$ 143.00$ (4.91)$ 97% Accessibility Hardship Exemption 1 hour 147.91$ 187.00$ 39.09$ 126% Acoustical Review -$ Single Family Home/Duplex—New each 369.78$ 645.00$ 275.22$ 174% Single Family Home/Duplex—Addition/Alteration each 221.87$ 716.00$ 494.13$ 323% Multi-Family/Commercial each 369.78$ 286.00$ (83.78)$ 77% Additions (R3 Occ) - Plan Check Fees -$ Over the counter-(not hillside-has conventional framing- Minimum 2 hours up to 250 sf 295.82$ 286.00$ (9.82)$ 97% Plan Check Fees (not hillside).up to 250 sf 295.82$ 1,091.00$ 795.18$ 369% Plan Check Fees (not hillside).251-499 sf 591.64$ 1,626.00$ 1,034.36$ 275% each additional hour 1 hour 147.91$ 143.00$ (4.91)$ 97% Additions (R3 Occ) - Inspection Fees -$ Inspection Fees (Not Hillside)up to 250 sf 739.55$ 1,057.00$ 317.45$ 143% Inspection Fees (Not Hillside)251-499 sf 887.46$ 1,323.00$ 435.54$ 149% Address Assignment per hour 147.91$ 359.00$ 211.09$ 243% Administrative/Clerical Fee - 1/2 hour flat rate 1/2 hour 73.96$ 45.00$ (28.96)$ 61% Alternate Materials and Methods of Construction 1 hour 147.91$ 187.00$ 39.09$ 126% Antenna—Telecom Facility -$ Radio each 369.78$ 431.00$ 61.22$ 117% Cellular/Mobile Phone, free-standing each 813.51$ 1,145.00$ 331.49$ 141% Cellular/Mobile Phone, attached to building each 665.60$ 1,145.00$ 479.40$ 172% Arbor/Trellis each 295.82$ -$ (295.82)$ 0% Awning/Canopy (supported by building)each 295.82$ 359.00$ 63.18$ 121% Balcony Addition each 665.60$ 788.00$ 122.40$ 118% Carport each 517.69$ 645.00$ 127.31$ 125% Certifications Special Inspector Qualifications (initial review)each 295.82$ 286.00$ (9.82)$ 97% Special Inspector Qualifications (renewal / update)each 147.91$ 143.00$ (4.91)$ 97% Special Inspector Certification Application each 5,028.97$ 4,867.00$ (161.97)$ 97% Materials Testing Lab Certification each 3,106.13$ 3,006.00$ (100.13)$ 97% Chimney each 443.73$ 574.00$ 130.27$ 129% Chimney Repair each 295.82$ 574.00$ 278.18$ 194% Close Existing Openings Interior wall each 295.82$ 503.00$ 207.18$ 170% Exterior wall each 443.73$ 503.00$ 59.27$ 113% Commercial Coach (per unit)each unit 665.60$ 859.00$ 193.40$ 129% Covered Porch each 517.69$ 1,003.00$ 485.31$ 194% Deck (wood)each 517.69$ 503.00$ (14.69)$ 97% Deck Railing each 295.82$ 503.00$ 207.18$ 170% Deferred Submittal (2 hour minimum)per hour 295.82$ 143.00$ (152.82)$ 48% Cost Recovery % CC 04-21-20 371 of 548 User Fee (Cost of Services) Study FY 15-16 Budget City of Cupertino, CA Building Division Matrix Consulting Group Page 2 of 5 UNIT COSTS Work Item Unit Total Actual Cost Average Current Fee Subsidy to Public per Unit Cost Recovery % Demolition Commercial (up to 3,000 sf)each 369.78$ 574.00$ 204.22$ 155% Commercial (each add'l 3,000 sf)each 3,000 sf 147.91$ 286.00$ 138.09$ 193% Residential (up to 3,000 sf)each 295.82$ 574.00$ 278.18$ 194% Residential (each add'l 3,000 sf)each 3,000 sf 147.91$ 143.00$ (4.91)$ 97% Demolition Swimming Pool Residential each 295.82$ 329.00$ 33.18$ 111% Swimming Pool Commercial (up to 3,000 sf)each 443.73$ 574.00$ 130.27$ 129% Swimming Pool Commercial (each add'l 3,000 sf)each 3,000 sf 147.91$ 286.00$ 138.09$ 193% Disabled Access Compliance Inspection per hour 147.91$ 143.00$ (4.91)$ 97% Door New door (non structural)each 221.87$ 286.00$ 64.13$ 129% New door (structural shear wall/masonry)each 295.82$ 431.00$ 135.18$ 146% Duplicate/Replacement Job Card each 73.96$ 72.00$ (1.96)$ 97% Electric Vehicle Charging Station each -$ 109.00$ 109.00$ 0% Extensions Plan Check Applications (within 180 days of Submittal)1 hour 147.91$ 187.00$ 39.09$ 126% Permits (within 180 days of Issuance)-$ -$ 0% Start construction, w/o plans 30 min 73.96$ 72.00$ (1.96)$ 97% Resume or complete construction, w/o plans 30 min 73.96$ 72.00$ (1.96)$ 97% Start construction, w/ plans 1 hour 147.91$ 187.00$ 39.09$ 126% Resume or complete construction, w/ plans 2 hours 295.82$ 231.00$ (64.82)$ 78% Fence Non-masonry, over 6 feet in height up to 100 l.f.295.82$ 431.00$ 135.18$ 146% Non-masonry, each additional 100 lf each 100 l.f.73.96$ 72.00$ (1.96)$ 97% Masonry, over 6 feet in height up to 100 l.f.517.69$ 716.00$ 198.31$ 138% Masonry, each additional 100 lf each 100 l.f.295.82$ 286.00$ (9.82)$ 97% Fireplace Masonry each 517.69$ 716.00$ 198.31$ 138% Pre-Fabricated/Metal each 295.82$ 503.00$ 207.18$ 170% Flag pole (over 20 feet in height)each 295.82$ 394.00$ 98.18$ 133% Foundation Repair each 665.60$ $859.00 193.40$ 129% Garage / Agricultural Buildings Wood frame up to 1,000 sf each 961.42$ $129.00 (832.42)$ 13% Masonry up to 1,000 sf each 1,257.24$ $1,290.00 32.76$ 103% Inspections Standard Inspection Hourly Rate per hour 147.91$ $143.00 (4.91)$ 97% Outside of normal business hours, 0-2 hours (minimum charge)up to 2 hrs 295.82$ $430.00 134.18$ 145% Each additional hour or portion thereof 1 hour 147.91$ 214.00$ 66.09$ 145% Reinspection fee—per hour 1 hour 147.91$ 143.00$ (4.91)$ 97% Progress Inspection per hour 147.91$ 143.00$ (4.91)$ 97% Partial Inspection per hour 147.91$ 143.00$ (4.91)$ 97% Courtesy Inspection - 2 hour minimum 2 hours 295.82$ 286.00$ (9.82)$ 97% CC 04-21-20 372 of 548 User Fee (Cost of Services) Study FY 15-16 Budget City of Cupertino, CA Building Division Matrix Consulting Group Page 3 of 5 UNIT COSTS Work Item Unit Total Actual Cost Average Current Fee Subsidy to Public per Unit Cost Recovery % Inspections for which no fee is specifically indicated—per hour (minimum charge = 1/2 hour)1 hour 147.91$ 143.00$ (4.91)$ 97% Cancelled inspection w/out advance notice 1 hour 147.91$ 143.00$ (4.91)$ 97% Life Safety Report each 887.46$ 859.00$ (28.46)$ 97% Lighting pole each 369.78$ 431.00$ 61.22$ 117% each add'l pole each 147.91$ 431.00$ 283.09$ 291% Modular Structures each 665.60$ 859.00$ 193.40$ 129% Modification of Technical Code 1 hour 147.91$ 187.00$ 39.09$ 126% Partition—Commercial, Interior (up to 30 l.f.)up to 30 l.f.443.73$ 503.00$ 59.27$ 113% Additional partition each 30 l.f.147.91$ 107.00$ (40.91)$ 72% Partition—Residential, Interior (up to 30 l.f.)up to 30 l.f.295.82$ 503.00$ 207.18$ 170% Additional partition each 30 l.f.73.96$ 107.00$ 33.04$ 145% Patio Cover/ Sun Room Wood frame up to 300 sf 369.78$ 716.00$ 346.22$ 194% Metal frame up to 300 sf 369.78$ 716.00$ 346.22$ 194% Other frame up to 300 sf 517.69$ 716.00$ 198.31$ 138% Additional patio each 300 sf 221.87$ 574.00$ 352.13$ 259% Enclosed, wood frame up to 300 sf 517.69$ 859.00$ 341.31$ 166% Enclosed, metal frame up to 300 sf 517.69$ 859.00$ 341.31$ 166% Enclosed, other frame up to 300 sf 517.69$ 859.00$ 341.31$ 166% Additional enclosed patio each 300 sf 295.82$ 716.00$ 420.18$ 242% Photovoltaic System Residential each 258.84$ 236.00$ (22.84)$ 91% Multi-Family Res/Commercial, up to 8 kilowatts up to 8 kW 369.78$ 572.00$ 202.22$ 155% Multi-Family Res/Commercial, each additional 1 kilowatt each 1 kW 36.98$ 11.00$ (25.98)$ 30% Pile Foundation Cast in Place Concrete (first 10 piles)up to 10 665.60$ 1,003.00$ 337.40$ 151% Additional Piles (increments of 10)each 10 443.73$ 859.00$ 415.27$ 194% Driven (steel, pre-stressed concrete)up to 10 665.60$ 1,003.00$ 337.40$ 151% Additional Piles (increments of 10)each 10 443.73$ 859.00$ 415.27$ 194% Product Review per hour 147.91$ 143.00$ (4.91)$ 97% Plan Review Standard Plan Review Hourly Rate per hour 147.91$ 143.00$ (4.91)$ 97% CALGreen Plan Review (minimum 2 hr charge in addition to Plan Check Fees)per hour 295.82$ 143.00$ (152.82)$ 48% Expedite Plan Review (1.5 times plan review)-$ -$ 0% Outside of normal business hours, (minimum 2 hr charge in addition to Plan Check Fees) per hour 295.82$ 214.00$ (81.82)$ 72% Remodel—Residential Kitchen up to 300 sf 591.64$ 645.00$ 53.36$ 109% Bath up to 300 sf 591.64$ 645.00$ 53.36$ 109% Other Remodel up to 300 sf 443.73$ 431.00$ (12.73)$ 97% Additional remodel each 300 sf 221.87$ 72.00$ (149.87)$ 32% Other Remodel 1000 sf 1,405.15$ 4,320.00$ 2,914.85$ 307% Additional remodel each 300 sf 221.87$ 284.00$ 62.13$ 128% CC 04-21-20 373 of 548 User Fee (Cost of Services) Study FY 15-16 Budget City of Cupertino, CA Building Division Matrix Consulting Group Page 4 of 5 UNIT COSTS Work Item Unit Total Actual Cost Average Current Fee Subsidy to Public per Unit Cost Recovery % Other Remodel 2500 sf +1,848.89$ 5,739.00$ 3,890.11$ 310% Additional remodel each 300 sf 221.87$ 205.00$ (16.87)$ 92% Re-roof Residential (max $400 per building)each 100 sf 15.68$ 17.00$ 1.32$ 108% Multi-Family Dwelling (max $400 per building)each 100 sf 15.68$ 17.00$ 1.32$ 108% Commercial (first 5,000 sf)each 369.78$ 394.00$ 24.22$ 107% Commercial (each add'l 2,500 sf)each 2,500 sf 147.91$ 179.00$ 31.09$ 121% Retaining Wall (concrete or masonry) Standard (up to 50 lf)up to 50 l.f.665.60$ 859.00$ 193.40$ 129% Additional retaining wall each 50 l.f.443.73$ 716.00$ 272.27$ 161% Special Design, 3-10' high (up to 50 lf)up to 50 l.f.961.42$ 1,003.00$ 41.58$ 104% Additional retaining wall each 50 l.f.591.64$ 859.00$ 267.36$ 145% Special Design, over 10' high (up to 50 lf)up to 50 l.f.1,109.33$ 1,074.00$ (35.33)$ 97% Additional retaining wall each 50 l.f.739.55$ 930.00$ 190.45$ 126% Gravity/Crib Wall, 0-10' high (up to 50 lf)up to 50 l.f.961.42$ 1,074.00$ 112.58$ 112% Additional Gravity/Crib Wall each 50 l.f.591.64$ 930.00$ 338.36$ 157% Gravity/Crib Wall, over 10' high (up to 50 lf)up to 50 l.f.1,109.33$ 1,074.00$ (35.33)$ 97% Additional Gravity/Crib Wall each 50 l.f.739.55$ 930.00$ 190.45$ 126% Revisions Commercial New each 665.60$ 859.00$ 193.40$ 129% Tenant Improvement each 665.60$ 859.00$ 193.40$ 129% SFDWL each 369.78$ 859.00$ 489.22$ 232% Addition each 369.78$ 716.00$ 346.22$ 194% Remodel each 295.82$ 716.00$ 420.18$ 242% Sauna—steam each 517.69$ 788.00$ 270.31$ 152% Siding Stone and Brick Veneer (interior or exterior)up to 400 sf 369.78$ 645.00$ 275.22$ 174% All Other up to 400 sf 295.82$ 431.00$ 135.18$ 146% Additional siding each 400 sf 73.96$ 215.00$ 141.04$ 291% Signs Directional each 295.82$ 286.00$ (9.82)$ 97% Each additional Directional Sign each 147.91$ 143.00$ (4.91)$ 97% Ground/Roof/Projecting Signs each 295.82$ 359.00$ 63.18$ 121% Master Plan Sign Check each 295.82$ 359.00$ 63.18$ 121% Rework of any existing Ground Sign each 295.82$ 359.00$ 63.18$ 121% Other Sign each 295.82$ 359.00$ 63.18$ 121% Reinspection Fee each 73.96$ 72.00$ (1.96)$ 97% Wall/Awning Sign, Non-Electric each 221.87$ 286.00$ 64.13$ 129% Wall, Electric each 295.82$ 286.00$ (9.82)$ 97% Shed over 120 square feet each 665.60$ 430.00$ (235.60)$ 65% Skylight 50 sf or less (cumulative area)each 369.78$ 431.00$ 61.22$ 117% Greater than 50 sf or structural each 517.69$ 788.00$ 270.31$ 152% CC 04-21-20 374 of 548 User Fee (Cost of Services) Study FY 15-16 Budget City of Cupertino, CA Building Division Matrix Consulting Group Page 5 of 5 UNIT COSTS Work Item Unit Total Actual Cost Average Current Fee Subsidy to Public per Unit Cost Recovery % Solar Water Heating each 147.91$ 109.00$ (38.91)$ 74% Stairs—First Flight first flight 295.82$ 359.00$ 63.18$ 121% Each additional flight per flight 147.91$ 215.00$ 67.09$ 145% Storage Racks 0-8' high (up to 100 lf) first 100 lf 369.78$ 359.00$ (10.78)$ 97% each additional 100 lf each 100 lf 73.96$ 72.00$ (1.96)$ 97% over 8' high (up to 100 lf) first 100 lf 369.78$ 394.00$ 24.22$ 107% each additional 100 lf each 100 lf 73.96$ 107.00$ 33.04$ 145% Stucco Applications up to 400 sf 295.82$ 503.00$ 207.18$ 170% Additional Stucco Application each 400 sf 73.96$ 36.00$ (37.96)$ 49% Supplemental Inspection Fee—If a project requires significantly more inspections than average, the Building Official may charge additional inspection fees -$ -$ 0% First 1/2 hour minimum first 30 min 73.96$ 72.00$ (1.96)$ 97% Each Additional hour per hour 147.91$ 143.00$ (4.91)$ 97% Overtime Plan Check Fee per hour 221.87$ 214.00$ (7.87)$ 96% Supplemental Plan Check Fee (after 2nd review) First 1/2 hour minimum first 30 min 73.96$ 72.00$ (1.96)$ 97% Each Additional hour per hour 147.91$ 143.00$ (4.91)$ 97% Swimming Pool/Spa Vinyl-lined (up to 800 sf)each 665.60$ 1,003.00$ 337.40$ 151% Fiberglass each 665.60$ 716.00$ 50.40$ 108% Gunite (up to 800 sf)each 961.42$ 1,574.00$ 612.58$ 164% Additional pool (over 800 sf)each 100 sf 221.87$ 215.00$ (6.87)$ 97% Commercial pool (up to 800 sf)each 1,627.02$ 2,004.00$ 376.98$ 123% Commercial pool (over 800 sf)each 443.73$ 251.00$ (192.73)$ 57% Spa or Hot Tub (Pre-fabricated)each 295.82$ 359.00$ 63.18$ 121% Temporary Occupancy Permit - flat rate 2 hours 295.82$ 286.00$ (9.82)$ 97% Temporary Structures each 443.73$ 430.00$ (13.73)$ 97% Tenant Improvement Preparation each 295.82$ 417.00$ 121.18$ 141% Window or Sliding Glass Door Replacement (first 8 windows)first 8 221.87$ 431.00$ 209.13$ 194% Replacement (each add'l 8 windows)each 8 73.96$ 143.00$ 69.04$ 193% New Window (non structural)each 184.89$ 503.00$ 318.11$ 272% New window (structural shear wall/masonry)each 258.84$ 859.00$ 600.16$ 332% Bay Window (structural) each 258.84$ 859.00$ 600.16$ 332% CC 04-21-20 375 of 548 COMPARATIVE SURVEY CC 04-21-20 376 of 548 CITY OF CUPERTINO, CALIFORNIA BUILDING COMPARATIVE FEE SURVEY Matrix Consulting Group Page 1 Single Family Home - New Occupancy Type: R3 Square Footage: 3,100 sqft. Valuation: $371,165 BP Fee PC Fee Total Cupertino - Current - Square Footage 3,060$ 3,088$ 6,147$ Cupertino @ 100% Cost Recovery 4,171$ 3,685$ 7,856$ 78% Santa Clara - Valuation 2,530$ 1,897$ 4,427$ Mountain View - Valuation 3,899$ 2,535$ 6,434$ Milpitas - Square Footage 5,461$ 3,580$ 9,041$ Sunnyvale - Valuation 3,622$ 2,536$ 6,158$ Palo Alto - Valuation 4,348$ 3,478$ 7,826$ Average 3,972$ 2,805$ 6,777$ $- $1,000 $2,000 $3,000 $4,000 $5,000 $6,000 $7,000 $8,000 $9,000 $10,000 Cupertino - Current - Square Footage Cupertino @ 100% Cost Recovery Santa Clara - Valuation Mountain View - Valuation Milpitas - Square Footage Sunnyvale - Valuation Palo Alto - Valuation Permit Fees Single Family Home - New Permit and Plan Check Fees Plan Check Permit Average CC 04-21-20 377 of 548 CITY OF CUPERTINO, CALIFORNIA BUILDING COMPARATIVE FEE SURVEY Matrix Consulting Group Page 2 Retail Shell Building Occupancy Type: M Square Footage: 20,000 sqft. Valuation: $1,841,000 BP Fee PC Fee Total Cupertino - Current - Square Footage 9,908$ 5,484$ 15,392$ Cupertino @ 100% Cost Recovery 6,286$ 7,980$ 14,266$ 108% Santa Clara - Valuation 8,691$ 6,518$ 15,209$ Mountain View - Valuation 13,445$ 8,739$ 22,185$ Milpitas - Square Footage 5,195$ 13,199$ 18,394$ Sunnyvale - Valuation 11,770$ 8,239$ 20,009$ Palo Alto - Valuation 15,154$ 12,123$ 27,277$ Average 10,851$ 9,764$ 20,615$ $- $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 Cupertino - Current - Square Footage Cupertino @ 100% Cost Recovery Santa Clara - Valuation Mountain View - Valuation Milpitas - Square Footage Sunnyvale - Valuation Palo Alto - Valuation Permit Fee Retail Shell Building Permit and Plan Check Fees Plan Check Permit Average CC 04-21-20 378 of 548 CITY OF CUPERTINO, CALIFORNIA BUILDING COMPARATIVE FEE SURVEY Matrix Consulting Group Page 3 Office - Tenant Improvement Occupancy Type: B Square Footage: 3,000 sqft. Valuation: $388,476 BP Fee PC Fee Total Cupertino - Current - Square Footage 2,613$ 2,377$ 4,990$ Cupertino @ 100% Cost Recovery 3,844$ 3,254$ 7,098$ 70% Santa Clara - Valuation 2,627$ 1,970$ 4,596$ Mountain View - Valuation 4,050$ 2,633$ 6,683$ Milpitas - Square Footage 2,037$ 1,611$ 3,648$ Sunnyvale - Valuation 3,759$ 2,632$ 6,391$ Palo Alto - Valuation 4,515$ 3,612$ 8,128$ Average 3,398$ 2,491$ 5,889$ $- $1,000 $2,000 $3,000 $4,000 $5,000 $6,000 $7,000 $8,000 $9,000 Cupertino - Current - Square Footage Cupertino @ 100% Cost Recovery Santa Clara - Valuation Mountain View - Valuation Milpitas - Square Footage Sunnyvale - Valuation Palo Alto - Valuation Permit Fees Office - Tenant Improvement Permit and Plan Check Fees Plan Check Permit Average CC 04-21-20 379 of 548 CITY OF CUPERTINO, CALIFORNIA BUILDING COMPARATIVE FEE SURVEY Matrix Consulting Group Page 4 Restaurant - New Occupancy Type: A-2 Square Footage: 10,000 sqft. Valuation: $2,713,600 BP Fee PC Fee Total Cupertino - Current - Square Footage 11,109$ 7,192$ 18,301$ Cupertino @ 100% Cost Recovery 5,012$ 7,114$ 12,125$ 151% Santa Clara - Valuation 11,876$ 8,907$ 20,783$ Mountain View - Valuation 18,375$ 11,944$ 30,319$ Milpitas - Square Footage 6,878$ 7,779$ 14,657$ Sunnyvale - Valuation 15,670$ 10,969$ 26,640$ Palo Alto - Valuation 20,817$ 16,653$ 37,470$ Average 14,723$ 11,251$ 25,974$ $- $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 Cupertino - Current - Square Footage Cupertino @ 100% Cost Recovery Santa Clara - Valuation Mountain View - Valuation Milpitas - Square Footage Sunnyvale - Valuation Palo Alto - Valuation Permit Fees Restaurant - New Permit and Plan Check Fees Plan Check Permit Average CC 04-21-20 380 of 548 CITY OF CUPERTINO, CALIFORNIA BUILDING COMPARATIVE FEE SURVEY Matrix Consulting Group Page 5 Warehouse - New Occupancy Type: S-1 Square Footage: 20,000 sqft. Valuation: $1,234,600 BP Fee PC Fee Total Cupertino - Current - Square Footage 11,898$ 8,262$ 20,160$ Cupertino @ 100% Cost Recovery 4,345$ 5,962$ 10,307$ 196% Santa Clara - Valuation 6,477$ 4,858$ 11,335$ Mountain View - Valuation 10,019$ 6,512$ 16,531$ Milpitas - Square Footage 5,195$ 13,199$ 18,394$ Sunnyvale - Valuation 9,059$ 6,341$ 15,401$ Palo Alto - Valuation 11,218$ 8,974$ 20,193$ Average 8,394$ 7,977$ 16,371$ $- $5,000 $10,000 $15,000 $20,000 $25,000 Cupertino - Current - Square Footage Cupertino @ 100% Cost Recovery Santa Clara - Valuation Mountain View - Valuation Milpitas - Square Footage Sunnyvale - Valuation Palo Alto - Valuation Permit Fees Warehouse - New Permit and Plan Check Fees Plan Check Permit Average CC 04-21-20 381 of 548 Planning Comparative Survey Matrix Consulting Group Page 1 of 5 Current Full Cost Up to one Acre $7,300 One Acre+ $12,200 Tentative:Tentative: Up to one Acre $4,300 One Acre+ $5,200 Vesting: Up to one Acre $6,000 One Acre+ $6,900 Use Permit / Development Permit - Major $15,974 $21,343 $7,800 Use Permit / Development Permit - Minor $7,461 $12,809 $2,500 Amendment to Use Permit / Development Permit - Major $7,988 $10,746 N / A Amendment to Use Permit / Development Permit - Minor $3,730 $5,884 $961 Architectural and Site Approval - Major $7,461 $13,189 $5,800 $3,712 deposit Architectural and Site Approval - Minor $3,609 $8,862 $5,800 $2,896 Architectural and Site Approval - Minor Duplex / Residential $3,609 $5,768 $610 $1,448 Environmental Impact Report (Plus State & County Filing Fees)$27,948 $27,948 $16,000 Cost + 15%N / A N / A Negative Declaration - Major (Plus State & County Filing Fees)$4,299 $4,299 $12,500 Negative Declaration - Minor (Plus State & County Filing Fees)$2,149 $2,149 $9,000 Categorical Exemption (Plus County Filing Fee)$250 $230 N / A N / A N / A $324 Fence Exception $716 $2,891 N / A $526 N / A N / A $ 1,193 Single Family Detached Single Family:Residential $1,300 $375 $2,436 All Others Non Residential:Commercial $4,300 $3,000 deposit $5,138 Conditional Use Permit - Administrative $3,730 $4,676 N / A $3,858 $3,000 deposit N / A N / A Tree Removal Permit $0 $0 First Tree $180 $1,362 $279 Each Additional Tree $92 $160 Heritage Tree Designation $107 $2,630 $526 $161 Temporary Use Permit $1,439 $2,824 N / A $368 N / A $161 $190 Temporary Sign Permit $211 $319 $ 50 N / A N / A $0 $61 Individual: $300 Master: $453 Planning Commission $7,834 City Council $8,239 Zoning Verification Letter $190 $338 $300 N / A $40 N / A N / A Public Convenience & Necessity Letter (Alcohol Beverage License)$190 $169 N / A $1,333 N / A N / A N / A Single Family:500 Ft: $330 $309 All Other:1,000 Ft: $5,600 $972 2,000 Ft: $1,989 Renoticing: $143 $161 N / A Noticing $0 $368 N / A N / A N / A Appeals $182 $360 50% of original fee $100 N / A $5,000 deposit N / A N / A N / A N / A N / A N / A N / A N / A $440 $788 $770 $3,309 $5,905 Deposit $1,077 $3,799 Category Santa Clara Mountain View Milpitas Sunnyvale Palo Alto N / A $1,947 $2,889 Cupertino N / A Sign Program $721 $2,582 Tentative Map (Five or More Parcels) Parcel Map (0-4 Parcels) Variance $2,813 $5,167 $7,461 $12,732 $15,974 $21,179 $579 $2,457 $2,973 $20,000 deposit $10,000 deposit N / A N / A N / A CC 04-21-20 382 of 548 Planning Comparative Survey - Charts Matrix Consulting Group Page 2 of 5 $0 $5,000 $10,000 $15,000 $20,000 $25,000 Cupertino - Current Cupertino - Full Cost Santa Clara - Average Mountain View - Average Milpitas - Average Palo Alto - Average Tentative Map (Five or More Parcels) Average $0 $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 $14,000 Cupertino - Current Cupertino - Full Cost Santa Clara - Average Mountain View - Average Milpitas - Average Palo Alto - Average Parcel Map (0-4 Parcels) Average $0 $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 $14,000 Cupertino - Current Cupertino - Full Cost Santa Clara - Average Palo Alto - Average Use Permit Average $0 $2,000 $4,000 $6,000 $8,000 $10,000 Cupertino - Current Cupertino - Full Cost Santa Clara - Average Palo Alto - Average Architectural and Site Approval Average CC 04-21-20 383 of 548 Planning Comparative Survey - Charts Matrix Consulting Group Page 3 of 5 $0 $5,000 $10,000 $15,000 $20,000 $25,000 Environmental Review Average $0 $500 $1,000 $1,500 $2,000 $2,500 $3,000 $3,500 Cupertino - Current Cupertino - Full Cost Mountain View - Average Palo Alto - Average Fence Exception Average $0 $1,000 $2,000 $3,000 $4,000 $5,000 $6,000 $7,000 $8,000 Variance Average $0 $1,000 $2,000 $3,000 $4,000 $5,000 Cupertino - Current Cupertino - Full Cost Mountain View - Average Milpitas - Average Conditional Use Permit - Administrative Average CC 04-21-20 384 of 548 Planning Comparative Survey - Charts Matrix Consulting Group Page 4 of 5 $0 $500 $1,000 $1,500 $2,000 $2,500 Cupertino - Current Cupertino - Full Cost Mountain View - Average Sunnyvale - Average Tree Permits Average $0 $50 $100 $150 $200 $250 $300 $350 Cupertino - Current Cupertino - Full Cost Santa Clara - Average Sunnyvale - Average Palo Alto - Average Temporary Sign Permit Average $0 $500 $1,000 $1,500 $2,000 $2,500 $3,000 Cupertino - Current Cupertino - Full Cost Mountain View - Average Sunnyvale - Average Palo Alto - Average Temporary Use Permit Average $0 $500 $1,000 $1,500 $2,000 $2,500 $3,000 Cupertino - Current Cupertino - Full Cost Santa Clara - Average Mountain View - Average Sunnyvale - Average Sign Program Average CC 04-21-20 385 of 548 Planning Comparative Survey - Charts Matrix Consulting Group Page 5 of 5 $0 $50 $100 $150 $200 $250 $300 $350 $400 Cupertino - Current Cupertino - Full Cost Santa Clara - Average Milpitas - Average Average Zoning Verification Letter Average $0 $500 $1,000 $1,500 $2,000 $2,500 $3,000 $3,500 Cupertino - Current Cupertino - Full Cost Santa Clara - Average Sunnyvale - Average Noticing Average CC 04-21-20 386 of 548 Public Works Comparative Survey Matrix Consulting Group Page 1 of 3 Current Fee Full Cost Block Party $ - $ 533 $ 25 $ - Certificates of Compliance $ 1,540 $ 2,461 $ 1,840 $ 575 Actual Cost $ 700 Certificates of Correction $ 169 $ 703 $ 550 N / A $ 3,122 N / A $ 1,157 per lot $ 49 $ 3,850 per lot $ 83 5-10 lots $ 4,949 11-50 lots $ 5,774 50+ lots $ 8,660 Plus Each lot (Tract Map Only) $ - $ - $ 114 N / A $ 289 $ 60 Summary $ 603 $ 1,882 $ 1,930 $ 1,596 Full $ 603 $ 2,997 $ 3,012 Minor Utility Permit $ 263 $ 272 $ 385 Construction less than 50 feet Processing Fee Debris Box / Temporary Storage Container Minor $ 263 $ 394 $ 220 $301 $ 242 $ 118 Major $ 525 $ 678 $ 385 50+ ft in length All Others Non-Residential $301 + $181 / 100 ft $320 min or 8% of cost $ 2,034 Field Marking - Sanitary Sewer or Storm Drain Encroachment Residential 0-50 ft $ 1,112 $ 161 Temporary 50+ ft $ 874 $161 + $1.32 / foot Review of building permit only $ 655 $ 741 $ 455 $0-$250,000 $0 to $10,000 $0-$50,000 14% of Cost $4,030 7.5% of Construction Cost $250,000-$550,000 $10,001-$50,000 $50,001-$500,000 $4,030 + 35% of cost $3,750 + 4.5% of Construction Cost $50,001-$1,000,0000 $500,001+ $550,001+ $18,030 + 4% of cost $24,000 + 3.5% of Construction Cost $55,000 + 7% of Cost $1,000,001+ $56,030 + 1% of cost Lot Line Adjustment $ 3,012 $ 2,477 $ 1,856 $ 6,948 $ 2,350 FEE CATEGORY Cupertino Campbell Sunnyvale Santa Clara Mountain View Parcel Map / Tract Map (Map Checking Fees): Parcel Map (1-4 lots) $ 4,254 $ 4,973 $ 3,093 $ 17,855 $ 2,908 Vacation of Street of Right-of-Way N / A N / A Tract Map (>4 lots) $ 8,831 $ 8,165 $ 4,681 $ 19,972 $ 4,907 Commercial $4,498 or 6% of cost $ 6,266 N / A Encroachment Permits Other Categories N / A N / A Plan Check & Inspection - Review of Public / Private Improvement Plans: Residential $2,788 or 5% of cost $ 3,349 N / A $35,000 + 8% of Cost CC 04-21-20 387 of 548 Public Works Comparative Survey - Charts Matrix Consulting Group Page 2 of 3 $- $500 $1,000 $1,500 $2,000 $2,500 $3,000 Cupertino - Current Fee Cupertino - Full Cost Campbell Sunnyvale Mountain View Fee Amount Certificates of Compliance Average $- $500 $1,000 $1,500 $2,000 $2,500 $3,000 $3,500 Cupertino - Current Fee Cupertino - Full Cost Campbell Santa Clara Certificate of Correction Average $- $5,000 $10,000 $15,000 $20,000 Cupertino - Current Fee Cupertino - Full Cost Campbell Sunnyvale Santa Clara Mountain View Parcel Map (0-4 lots) Average $- $5,000 $10,000 $15,000 $20,000 $25,000 Cupertino - Current Fee Cupertino - Full Cost Campbell Sunnyvale Santa Clara Mountain View Tract Map (4+ lots) Average CC 04-21-20 388 of 548 Public Works Comparative Survey - Charts Matrix Consulting Group Page 3 of 3 $- $1,000 $2,000 $3,000 $4,000 $5,000 $6,000 $7,000 $8,000 Cupertino - Current Fee Cupertino - Full Cost Campbell Sunnyvale Santa Clara Mountain View Lot Line Adjustment Average $- $500 $1,000 $1,500 $2,000 $2,500 Cuper.no - Current Fee Cuper.no - Full Cost Sunnyvale Mountain View Vacation Average CC 04-21-20 389 of 548 ATTACHMENT M RESOLUTION NO: 20-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING PREVIOUS FEE SCHEDULES WHEREAS, the State of California requires fees charged for service rendered not to exceed the cost of delivering said services; and WHEREAS, a public hearing has been held to review user fees; and WHEREAS, the City Council of the City of Cupertino has established guidelines for setting user fees; NOW, THEREFORE, BE IT RESOLVED that: 1. User Fee Resolution Number 20-XXX is hereby amended 2. User fees are amended per attached Schedules A, B, C, D, and E to this Resolution, effective July 1, 2020, except that all proposed fee increases resulting from consumer price index (CPI), construction cost index (CCI), and labor shall be postponed until October 1, 2020 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of April, 2020 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: ________ Steven Scharf, Mayor City of Cupertino ________________________ Date ATTEST: ________________________ Kirsten Squarcia, City Clerk ________________________ Date CC 04-21-20 390 of 548 ATTACHMENT M CC 04-21-20 391 of 548 Attachment N RESOLUTION NO. ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING BELOW MARKET RATE HOUSING MITIGATION FEES WHEREAS, to mitigate the impact of new development on the need for affordable housing within its boundaries, the City of Cupertino (the "City") has since 1993 implemented a Below Market Rate (BMR) Housing Mitigation Program, comprising a non-residential Program and a residential Program, as described in the Housing Element of the General Plan, which requires the payment of housing mitigation fees by non-residential development and residential projects with six units or less or with fractional unit requirements and requires the provision of moderate-income and median-income housing in residential developments with seven or more units (collectively the "Housing Mitigation Program"); and WHEREAS, the City Council of the City of Cupertino initiated the Nexus Study Update project with the approval of the 2014-2015 Work Program on May 6, 2014, and on March 27, 2015, the City published notice of the initiation of proceedings in the form required by Government Code Section 66474.2(b); and WHEREAS, the City’s existing housing mitigation fees for non-residential development are divided into the following land use categories: Office/Research & Development (R&D)/Industrial, Hotel, and Commercial/Retail; and WHEREAS, the City has included self-storage and warehouse land uses in the Office/R&D/Industrial category, but in light of the characteristics of those uses, many jurisdictions implementing similar housing mitigation fee programs have recognized separate categories for those uses; WHEREAS, to further implement the affordable housing goals, objectives, policies, and programs of the City’s Housing Element, and to ensure that the housing mitigation fees do not exceed the actual affordable housing impacts attributable to the types of development projects on which the fees are imposed, the City Council has received and considered the report from Keyser Marston Associates, Inc. (KMA) dated January 2020 and entitled “Supplement to the Non-Residential Jobs-Housing Nexus Study” (KMA Report) evaluating CC 04-21-20 392 of 548 Resolution No. __________ Page 2 the impact of self-storage and warehouse land uses on demand for affordable housing in the City; and WHEREAS, the KMA Report uses a widely accepted, appropriate methodology to determine the maximum amount of a fee needed to fully mitigate the burdens on affordable housing created by the types of development evaluated in the Report; and WHEREAS, the housing mitigation fees set forth in Section 2 below are the maximum amounts identified in the KMA report to fully mitigate the burdens created by new self-storage and warehouse development on the need for affordable housing; and WHEREAS, at least ten days prior to the date this resolution is being heard, data was made available to the public indicating the amount of cost, or estimated cost, required to provide the service for which the fee or service charge is levied and the revenue sources anticipated to provide the service, including general fund revenues, consistent with Government Code Section 66019; and WHEREAS, at least fourteen days prior to the date this resolution is being heard, notice was provided to any persons or organizations who had requested notice, consistent with Government Code Section 66019; and WHEREAS, notice of the hearing on the proposed fees was published twice in a newspaper of general circulation in the manner set forth in Government Code Section 6062a consistent with Government Code Section 66018; and WHEREAS, a duly and properly noticed public hearing was conducted by the City Council on April 21, 2020. NOW, THEREFORE, BE IT RESOLVED: Section 1. After careful consideration of the KMA Report, facts, exhibits, staff report, testimony and other evidence submitted in this matter, the City Council finds as follows: 1. The foregoing recitals are true and correct and incorporated into this resolution by this reference. CC 04-21-20 393 of 548 Resolution No. __________ Page 3 2. The purpose of the housing mitigation fee is to mitigate the burdens created by new self-storage and warehouse development projects on the need for extremely low, very low, low, median, and moderate - income housing. 3. All housing mitigation fees collected shall be deposited into the City's BMR Affordable Housing Fund (AHF) to be used to increase and preserve the supply of housing affordable to households of extremely low, very low, low, median, and moderate incomes (including necessary administrative costs). 4. The KMA Report utilized a widely used, appropriate methodology to determine the maximum justified fees and inclusionary percentages. 5. The findings of the KMA Report have been considered and are hereby incorporated by this reference into this resolution, and the City Council finds that new non-residential development will create a need for affordable housing by: a. Aggravating the existing shortage of affordable housing by reducing the supply of land for affordable housing and increasing the price of remaining land. b. Increasing local employment at extremely low, very low, low, median, and moderate-income wage levels, which increases the demand for and exacerbates the shortage of housing available to persons at those income levels. 6. As shown in the Housing Element, there is a need in the City for housing affordable to households of extremely low, very low, low, median, and moderate incomes. 7. The facts and substantial evidence in the record establish that there is a reasonable relationship between the need for affordable housing and the impacts of the types of development described in the KMA Report for which the corresponding fee is charged, and that there is also a reasonable relationship between the fee's use and the type of development for which the fee is charged, as is described in more detail in the KMA Report. CC 04-21-20 394 of 548 Resolution No. __________ Page 4 8. The KMA Report set forth cost estimates that are reasonable for constructing affordable housing, and the fees expected to be generated by new development will not exceed their share of contribution to these costs. 9. Adoption of this resolution is exempt from the California Environmental Quality Act because the fee amendment is not a project, in that it is a government funding mechanism which does not involve any commitment to any specific project (CEQA Guidelines Section 15378(b)(4)). 10. Because self-storage and warehouse development projects are already subject to the City’s housing mitigation fee, the fee amounts set forth in section 2 do not constitute new fees, but rather reflect a reduction in existing fees as applicable to those types of development. Section 2. 1. City Council hereby adopts the following non-residential housing mitigation fee categories and amounts, while retaining all existing mitigation fees adopted with Resolution 15-036, as follows: Non-Residential Housing Mitigation Fees Self-storage, employee unit provided *$0.56/sq. ft. Self-storage, employee unit not provided *$1.18/sq. ft. Warehouse *$41.67/sq. ft. *Fee amounts shall be adjusted annually on July 1 of each calendar year based on the percentage increase in the Consumer Price Index for All Urban Consumers for San Francisco, California 2. Annual Adjustment to Housing Mitigation Fees. Fees shall be evaluated annually in accordance with the City’s review of all fee schedules. 3. Effective Date. This Resolution shall go into full force and effect on July CC 04-21-20 395 of 548 Resolution No. __________ Page 5 1, 2020 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this ____day of _________, ____, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: ________ Steven Scharf, Mayor City of Cupertino ________________________ Date ATTEST: ________________________ Kirsten Squarcia, City Clerk ________________________ Date CC 04-21-20 396 of 548 CITY OF CUPERTINO Legislation Text Subject: Authorization to execute a Fourth Amendment to Franchise Agreement including provisions to pursue sole negotiations for a new Franchise Agreement for solid waste collection services with Recology Cupertino; and, if negotiations are unsuccessful, an 18-month extension with a 5% increase on all rates effective February 1, 2021 and a 5% increase on all rates effective February 1, 2022 in order to allow time to identify another solid waste collector. 1. Authorization of the City Manager to execute a Fourth Amendment to Franchise Agreement with Recology Cupertino for solid waste collection services (Attachment A) with provisions including: 1) Pursue negotiation of a new 10-year agreement with Recology Cupertino; and 2) If negotiations are unsuccessful or are not completed by the end of the current Franchise Agreement term on January 31, 2021, an eighteen (18) month extension to the Franchise Agreement with no changes in service with a 5% special maximum rate adjustment effective February 1, 2021 followed by a second 5% special maximum rate adjustment effective February 1, 2022; and 2. Adopt Franchise Negotiations Communications Protocol (Attachment B); and 3. Adopt Resolution No. 20-039, a resolution to negotiate a new Franchise Agreement and define a bridge term that includes a special maximum rate adjustment (Attachment C). File #:20-6866,Version:1 CITY OF CUPERTINO Printed on 4/15/2020Page 1 of 1 powered by Legistar™ CC 04-21-20 397 of 548 CITY COUNCIL STAFF REPORT Meeting: April 21, 2020 Subject Authorization to execute a Fourth Amendment to Franchise Agreement including provisions to pursue sole source negotiations for a new Franchise Agreement for solid waste collection services with Recology Cupertino; and, if negotiations are unsuccessful, an 18-month extension with a 5% increase on all rates effective February 1, 2021 and a 5% increase on all rates effective February 1, 2022 in order to allow time to identify another solid waste collector. Recommended Action 1. Authorization of the City Manager to execute a Fourth Amendment to Franchise Agreement with Recology Cupertino for solid waste collection services (Attachment A) with provisions including: 1) Pursue negotiation of a new 10-year agreement with Recology Cupertino; and 2) If negotiations are unsuccessful or are not completed by the end of the current Franchise Agreement term on January 31, 2021, an eighteen (18) month extension to the Franchise Agreement with no changes in service with a 5% special maximum rate adjustment effective February 1, 2021 followed by a second 5% special maximum rate adjustment effective February 1, 2022; and 2. Adopt Franchise Negotiations Communications Protocol (Attachment B); and 3. Adopt Resolution No. 20-____ , a resolution to negotiate a new Franchise Agreement and define a bridge term that includes a special maximum rate adjustment (Attachment C). Discussion The Franchise Agreement (Agreement) with Recology Cupertino (Recology) for solid waste collection services was authorized by Council on May 18, 2010 for the period of November 1, 2010 through October 31, 2015. There have been three amendments to the Agreement (Attachment D includes the Agreement and amendments one through three).  The First Amendment was authorized on September 2, 2014 and extended the term of the Agreement to January 31, 2019. This amendment significantly expanded organics collection service in accordance with Assembly Bill 1826, CC 04-21-20 398 of 548 which required all businesses to recycle organics at various levels depending on the total amount of waste generated over a progressive period of time. The amendment also directed provision of free backyard composters to residents who attended a back-yard composting workshop and increased the number of environmental recycling days from two to four every year.  The Second Amendment was authorized on December 19, 2017 and extended the term of the Agreement through January 31, 2021. The extended time allowed for efforts to improve residential diversion of organics, observe the outcomes of organics diversion programs in neighboring cities, and conduct a suite of waste characterizations to inform the negotiation of a new franchise agreement.  The Third Amendment was authorized on February 4, 2020 and addressed two unforeseen events – the cessation of the residential, on-call, curbside household hazardous waste collection program effective January 1, 2019 and a special maximum rate adjustment (increase) to address increased processing costs for recyclable materials as a result of the China National Sword policies. As demonstrated by Cupertino community surveys, Recology has provided a high level of customer service during the ten-year term of the current Agreement. In both the 2012 and 2017 surveys, satisfaction with garbage collection service was second only to satisfaction with the Cupertino Library when compared with a variety of other services. Most recently during the ongoing COVID-19 pandemic, Recology has continued to cover routes, adjust service levels for struggling businesses, and accommodate extra materials generated by residents sheltering at home. If the Fourth Amendment is authorized and sole source negotiations with Recology proceed, it is expected that the negotiation process will be completed prior to the expiration of the Agreement on January 31, 2021. If a request for qualifications/proposal process to solicit other interested solid waste collectors is desired, negotiations and implementation of an agreement with a different solid waste collector is expected to take a minimum of 18 months depending on a variety of factors. These include:  How services will be solicited (issuance of a request for qualifications/proposals to all interested solid waste collection companies)  Changes in services (new or changed programs will require change out in collection equipment, bins or containers)  Agreement on other required provisions (acceptance of indemnity and insurance requirements) The current Agreement includes provisions to allow Recology to request consideration of a new franchise agreement if certain conditions are met. The applicable provisions of the Agreement are outlined below. CC 04-21-20 399 of 548 Option to Negotiate Section 2.2 gives the City the option to negotiate a new 10-year agreement with Recology if the following four conditions are met: 1) Diversion; 2) Program development; 3) Limited cost adjustments: and, 4) Intent to negotiate. 1. Diversion The following criteria was defined:  To the maximum extent possible, achieve a 50% commercial and multi- family diversion rate by January 1, 2020 o Condition met: The rate as of 1/1/2020 was 53%  To the maximum extent possible, achieve a minimum 75% diversion rate for calendar year 2018 based on CalRecycle's diversion rate equivalent (DRE) for: o Residential (per capita by population)  The rate for 2018 was 64%. o Commercial (per capita by employment) sectors  The rate for 2018 was 80% o Residential and commercial combined:  Condition met: The rate for 2018 was 72%. This is acceptable due to the issues created by China’s National Sword policies and the resulting loss of recycling markets. 2. Program Development There is a requirement that Recology cooperatively and proactively work with the City to develop programs, that include but are not limited to, increasing diversion and reducing contamination. Condition met: Recology has met this requirement by cooperating with the City requests to accommodate pilot projects, waste characterizations, route adjustments, and responses to new diversion requirements. A representative sample of program development cooperation includes:  Early collection route for tri-school area bike traffic safety  Early implementation of organics service to commercial customers (including multi-family customers)  Multi-family and single-family organics diversion participation audit and outreach pilot  Waste characterization studies of all sectors 3. Limited Cost Adjustments There are requirements for Recology to cooperatively and proactively work with the City to limit cost adjustment requests so that the cost of organics processing incorporates efficiencies identified through audit. Condition met: Section 12.2 includes the provision of a consumer price adjustment (CPI). CPI adjustments CC 04-21-20 400 of 548 have been occurring in November of each year. In addition to CPI adjustments, and as authorized in Section 12.3, Recology has requested and Council has authorized two special maximum rate adjustments (increases):  July 5, 2016 – a 5.28% increase for non-residential/multi-family and compactor garbage/compostable materials customers due to increased processing cost of organics; and  February 4, 2020 – a $2.24 increase per month per single-family residential customer and a 3.93% rate increase for all other categories of Service Recipients to address the increased cost of processing recyclables. The current rates charged to customers continue to be among the lowest rates in the region. The table below shows a comparison of current Cupertino rates with five nearby agencies. CITY 32-gal cart 65-gal cart 95-gal cart Campbell (19/20) $28.77 $57.54 $86.31 Cupertino (2020) $29.60 $56.97 $84.34 Mountain View (19/20) $34.95 $69.90 $104.85 Santa Clara (19/20) $36.59 $51.10 $65.61 Sunnyvale (19/20) $37.36 $41.47 $46.67 Palo Alto (19/20) $50.07 $100.15 $150.22 AVERAGE (with Cupertino) $36.22 $62.86 $89.67 AVERAGE (without Cupertino) $37.55 $64.03 $90.73 Residential: Sorted by 32-gallon rate; Commercial rate comparison is similar. 4. Intent to Negotiate There is a requirement that Recology timely notify the City of its intent to exercise an option to renegotiate the Agreement in writing. Condition met: Per section 2.2.4, Recology submitted on January 29, 2020 a request to negotiate a new agreement (Attachment E). As specified in section 2.3, staff affirmed the intention to negotiate pending Council authorization on March 25, 2020 (Attachment F). With the four Agreement conditions met by Recology, sole source negotiations for a new franchise agreement can proceed. These negotiations could have the following outcomes:  Negotiations are successfully completed and the Council approves a new franchise agreement within the term of the current Agreement, or by January 31, 2021; or  Negotiations are not successfully completed by January 31, 2021; or CC 04-21-20 401 of 548  The City decides to terminate negotiations on or before January 31, 2021 and issue a request for proposal to seek a new solid waste collector. As the outcome of the negotiations are not known, the proposed Fourth Amendment establishes a bridge term of 18 months to ensure continuation of trash, recycling, and organic materials hauling service in the event negotiations are not successful and to bridge the period until a new agreement is negotiated. Recology has agreed to provide service during such a bridge term, if needed, but in order to continue to provide the current level of services through this bridge term, Recology has requested a special maximum rate adjustment to increase rates for all service recipients by 5% in addition to the regular CPI adjustments. The proposed increase would be effective February 1, 2021 of a bridge term. Recology has requested a second special maximum rate adjustment to increase rates another 5% in addition to the regular CPI adjustment effective February 1, 2022 if the bridge term is still in effect. The City’s solid waste consultant (HF&H Consultants, LLC) has audited the proposed special maximum rate adjustment request by reviewing revenue and expense documentation provided by Recology. The audit considered costs for fuel, labor, and overhead expenses. The audit concluded the request is reasonable for the services provided to cover real costs during a bridge term, if any (Attachment G). The proposed maximum rate increases are not intended to produce additional Recology profit. Next Steps In preparation for a new solid waste collector agreement, an agreement with HF&H Consultants was authorized by Council on October 15, 2019. To date, HF&H has assisted the Environmental Division staff with an analysis of potential services and contract terms that will be considered for the potential new agreement. During the evaluation of a proposed agreement, an emphasis will be placed on maintaining services that are valuable to customers, remaining sensitive to additional services that would increase rates, and being proactive about meeting the reporting and enforcement provisions of SB1383 (Short-Lived Climate Pollutants (SLCP): Organic Waste Methane Emissions Reductions) that will require increased diversion of organic materials beginning January 1, 2022. In order to ensure transparency and fairness in the process of awarding a new franchise and to create an impartial climate during the franchise negotiations, a Franchise Negotiations Communications Protocol was written and Recology has agreed to adhere to it. Community outreach to confirm what services are most valuable and what additional services may be desired will occur in the following ways:  Community survey CC 04-21-20 402 of 548  Minimum of three community meetings at a variety of locations and times to encourage participation  Recology bill insert with information and invitation to offer feedback  Comment form on the City website Initial outreach took place with the Cupertino Chamber of Commerce on February 25 and March 6, 2020. Additionally, the Sustainability Commission heard a presentation on this issue on February 20, 2020 and future meeting dates with both groups will occur prior to making a recommendation to Council for a new franchise agreement. Council will be updated during the process of developing the new franchise agreement. At least one study session will be scheduled to discuss options and terms for the new agreement. Additionally, an item will be placed on the Council agenda for a public hearing prior to January 31, 2021 for either of the follow scenarios:  If negotiations with Recology are successful, a recommendation will be made to enter into a new franchise agreement with new terms and rates; or  If negotiations with Recology are not successful, a recommendation will be made to end negotiations with Recology and to approve authorization to proceed with a request for qualification/proposal process. Sustainability Impact Effective waste disposal programs that are convenient, well utilized and properly funded are essential to diverting recyclable and compostable materials from the landfill in accordance with AB939, the California Integrated Waste Management Act that requires at least 50% diversion from landfill after 1/1/2020 and the City of Cupertino’s Zero Waste Policy adopted December 19, 2017. Diversion goals are also reflected in the community solid waste measures in Cupertino’s Climate Action Plan. CEQA Exemption This action is exempt from the requirements of the CEQA since it is not a project with the potential to cause a significant effect on the environment. This determination is pursuant to the provisions and requirements of the CEQA of 1970, together with related State CEQA Guidelines and Title 14 of the California Code of Regulations, Sections 15061(b)(3). Fiscal Impact If negotiations of a new franchise agreement with Recology are unsuccessful or are not completed by the end of the current Agreement term, the bridge term will begin, which includes a 5% special maximum rate increase on February 1, 2021 followed by a second 5% rate special maximum rate increase on February 1, 2022 per the Fourth Amendment. Section 12.1 of the Agreement requires Recology to remit fees as a percentage of rates back to the City to cover the direct costs of landfill disposal costs and other solid waste disposal fees. When rates increase, revenues to the City increase to cover these costs. _____________________________________ Prepared by: Ursula Syrova, Environmental Programs Manager CC 04-21-20 403 of 548 Reviewed by: Roger Lee, Director of Public Works Approved for Submission by: Dianne Thompson, Assistant City Manager Attachments: A - Fourth Amendment to Franchise Agreement between City of Cupertino and Recology Cupertino B – Franchise Negotiations Communications Protocol C - Draft Resolution No. 20-____ D - Current Franchise Agreement with first three amendments E - Recology letter regarding intention to negotiate dated January 29, 2020 F – City of Cupertino letter to Recology regarding intention to negotiate dated March 25, 2020. G – HF&H Summary of Findings dated April 14, 2020 CC 04-21-20 404 of 548 1 FOURTH AMENDMENT TO FRANCHISE AGREEMENT BETWEEN THE CITY OF CUPERTINO AND RECOLOGY CUPERTINO FOR COLLECTION AND PROCESSING OF RECYCLABLE AND COMPOSTABLE MATERIALS, AND THE COLLECTION AND DISPOSAL OF GARBAGE This Fourth Amendment to the Franchise Agreement between the City of Cupertino and Recology Cupertino for Collection and Processing of Recyclable and Compostable Materials, and the Collection and Disposal of Garbage, for reference dated April 21, 2020 is by and between the CITY OF CUPERTINO, a municipal corporation (“CITY”), and Recology Cupertino, a California corporation (“Franchisee”), and is made with reference to the following: RECITALS: A. City and Franchisee are parties to a Franchise Agreement for Collection and Processing of Recyclable and Compostable Materials, and the Collection and Disposal of Garbage dated May 18, 2010, as amended by a First Amendment dated September 2, 2014, a Second Amendment dated December 19, 2017, and a Third Amendment dated February 4, 2020 (such agreement as so amended, the “Agreement”). B. The term of the Agreement expires at 11:59 P.M. on January 31, 2021, subject to Article 16 of the Agreement. C. Pursuant to Section 2.2 of the Agreement, City has the option to negotiate a new ten‐year agreement that may begin at 12:00 A.M. on January 31, 2021, if certain criteria are satisfied. D. In accordance with Section 2.2.4 of the Agreement, Franchisee timely notified City in writing of Franchisee’s intent to exercise the option to renegotiate the Agreement. E. Pursuant to Section 2.3 of the Agreement, City, at its sole discretion, may choose to extend, or not extend, the term of the Agreement, or negotiate a new agreement. In response to Franchisee’s written request for an option, City is willing to pursue such negotiations with Franchisee so long as, among other things, City preserves its ability to terminate such negotiations if City determines in its sole discretion that it is in City’s interest to do so, and Franchisee agrees to continue providing services under the same terms and conditions as the existing Agreement for a specified period of time after any such termination of negotiations to bridge the period of time until the City can engage a new franchisee. F. Pursuant to Section 12.3 of the Agreement, in the event of a termination of negotiations and during the bridge period of time until City can engage a new franchisee, Franchisee has requested a special maximum rate adjustment. City and Franchisee wish to adjust the schedule of approved maximum rates that may be charged by Franchisee during such bridge period, if any. DocuSign Envelope ID: F5C4A328-63AE-4404-A2FB-F217BB0366FC CC 04-21-20 405 of 548 2 G. City and Franchisee desire to modify the Agreement as set forth in detail below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Article 2 – Term of Agreement, new Sections 2.4, 2.4.1, 2.4.2, 2.4.3, 2.4.4, and 2.4.5 are hereby added to read as follows: “2.4 City’s Conditions on Option to Negotiate an Extended or New Agreement. In response to Franchisee’s written notice of exercise of the above option, City is willing to pursue such negotiations with Franchisee for a new agreement (“Option Negotiations”) on the following terms and conditions: 2.4.1 During the period of Option Negotiations, City will not solicit proposals from or negotiate with other potential services providers. City and Franchisee agree to conduct the Option Negotiations in good faith. Franchisee acknowledges that City will require Franchisee to make available records to support and substantiate its proposals in the negotiations. Recognizing that time is of the essence, the parties will complete the negotiations (or City will issue its notice of termination as specified in Section 2.4.4 below) by no later than January 31, 2021 (“Negotiations Outside Date”). The parties’ participation in the Option Negotiations is not a pre‐commitment by either party to approve any such new agreement, and each party reserves sole discretion whether to make such approval. City staff shall have no obligation to submit a new agreement to the City Council, or to recommend approval of a new agreement to the City Council. 2.4.2 Franchisee agrees to adhere to applicable state and local law, including City municipal code, and any specific procurement procedures the City develops to govern the Option Negotiations. 2.4.3 The City Council of the City, or Franchisee, each at its sole discretion, may terminate the Option Negotiations if it determines, at its sole discretion, that it is in its interest to do so, at any time during the period of Option Negotiations by giving ten (10) days’ prior written notice to the other Party in the manner specified in the Agreement (“Negotiations Termination”). 2.4.4 In recognition that the City will require a bridge period of time for services to continue in the event that the Option Negotiations do not result in a new agreement, the term specified in Section 2.1 of the Agreement shall be automatically extended until the end of an eighteen (18) month period (“Bridge Term”) if either (a) the City or Franchisee issues a written notice of Negotiations Termination, in which case the Bridge Term would begin as of 12:01 A.M. on the day immediately following the effective date of such termination, or (b) the parties have not approved a new agreement, each in their sole discretion, on or before the Negotiations Outside Date, in which case the Bridge Term would begin at 12:01 A.M. on the day immediately following the Negotiations DocuSign Envelope ID: F5C4A328-63AE-4404-A2FB-F217BB0366FC CC 04-21-20 406 of 548 3 Outside Date. Notwithstanding the foregoing, City may terminate such Bridge Term on ninety (90) days’ advance written notice to Franchisee, in which case the term of the Agreement shall end effective as of the date specified in the notice, but no earlier than January 31, 2021. Such Bridge Term is subject to Article 16 of the Agreement. During such Bridge Term, Franchisee shall continue providing the collection and other services specified in the Agreement under all of the same terms and conditions as specified in the existing Agreement. 2.4.5 In the event that the Bridge Term is exercised, Franchisee has requested and City has approved a special maximum rate adjustment of 5% for all rates for all categories of Service Recipients, which shall go into effect on February 1, 2021. In the event that the Bridge Term is still in effect on February 1, 2022, Franchisee has requested and City has approved an additional special maximum rate adjustment of 5% for all rates for all categories of Service Recipients, which shall go into effect on February 1, 2022 through the end of such Bridge Term. For the avoidance of doubt, (a) the maximum rate adjustment procedures described elsewhere in the Agreement shall continue to apply during any such Bridge Term in addition to the special maximum rate adjustments provided for in the previous paragraph, and (b) the City Payment under Section 12.7, relating to termination of the HHW Program, will not be extended beyond January 2021. In addition, notwithstanding Section 6.1.1, Contractor shall not be required to replace any diesel collection vehicles with CNG vehicles in either 2021 or 2022.” 2. 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. References herein to sections and exhibits refer to sections and exhibits of the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment as of the date first written above. Recology Cupertino, A California Corporation By _________________________________ President & CEO, Michael J. Sangiacomo CITY OF CUPERTINO, A Municipal Corporation By _________________________________ City Manager, Deborah L. Feng DocuSign Envelope ID: F5C4A328-63AE-4404-A2FB-F217BB0366FC CC 04-21-20 407 of 548 4 APPROVED AS TO FORM: By _________________________________ City Attorney, Heather Minner ATTEST: By _________________________________ City Clerk, Kirsten Squarcia DocuSign Envelope ID: F5C4A328-63AE-4404-A2FB-F217BB0366FC CC 04-21-20 408 of 548 1 Franchise Negotiations Communications Protocol Purpose The City of Cupertino presently contracts with Recology Cupertino for the provision of solid waste, recycling, and organics services. The current franchise agreement between the City and Recology Cupertino expires at 11:59pm on January 31, 2021, unless extended by amendment. However, pursuant to their respective authority under Section 2.2 of that agreement, Recology Cupertino has requested and the City has agreed to engage a period of negotiations to determine whether the parties can reach mutual agreement on a new (or renewed) franchise agreement (the “Franchise Negotiations”). The negotiations period is expected to run from April 21, 2020 until no later than January 31, 2021 (the “Negotiations Period”). The City has an obligation to the public to ensure transparency and fairness in the process of awarding a new (or renewed) franchise. The intent of this Communications Protocol is to create an impartial climate during the Franchise Negotiations; to describe the characteristics of appropriate communications between Recology Cupertino and the City during the Franchise Negotiations; to streamline the Franchise Negotiations; and to ensure that the terms of any agreement that City may approve (if any) are favorable to the City and its residents. Applicability The Communication Protocol applies to communications between the City’s Mayor, Council Members, employees, consultants, or agents (collectively, the “City”), and any Recology Cupertino employees, consultants, or agents (collectively, “Recology”), that relate in any way to the Franchise Negotiations. The Communications Protocol shall apply during the Negotiations Period; provided, however, that it shall terminate before January 31, 2021 upon either (a) public release of the staff report to the City Council regarding the proposed award (if any) of a new (or renewed) franchise, or (b) termination of the negotiations by either party by written notice to the other. Nothing herein precludes communications between Recology and the City during open and noticed public meetings. The Communications Protocol is not intended to apply to casual social communications, to communications relating to the current franchise agreement, or to other communications unrelated to the Franchise Negotiations. For purposes of this protocol, communications related to the company’s provision of solid waste, recycling, or organics services in the City after the expiration or termination of the current franchise agreement shall be deemed to be communications related to the Franchise Negotiations. Communications Protocol The City Manager shall designate a City representative or representatives (the “Designated City Representative”) who shall serve as the point of contact between the City and Recology. Attachment BCC 04-21-20 409 of 548 2 Recology shall: 1. Direct all communications concerning the Franchise Negotiations to the Designated City Representative. Recology may, however, direct communications to other City employees, consultants, or agents if the Designated City Representative approves of such communications, or if the communications are made at meetings organized to conduct the Franchise Negotiations where the Designated City Representative is present; 2. Refrain from distributing door-to-door materials, or from using newspaper, radio, television, internet, social media, or public space advertisements, in regards to the Franchise Negotiations; 3. Refrain from ex parte communications with the Mayor or any Council Member relating to the Franchise Negotiations; and 4. Confirm in writing its agreement to this Communications Protocol at the start of the Negotiations Period, and affirm in writing its adherence thereto concurrent with the public release of the staff report to the City Council regarding the proposed award (if any) of a new (or renewed) franchise. The City shall: 1. Direct all communications concerning the Franchise Negotiations through the Designated City Representative. The Mayor and Council Members shall: 1. Notify the City Manager of any actual or potential conflicts of interests relating to the Franchise Negotiations; and 2. Refrain from ex parte communications with Recology relating to the Franchise Negotiations. CC 04-21-20 410 of 548 Attachment C RESOLUTION NO. 20-________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING A FOURTH AMENDMENT TO THE FRANCHISE AGREEMENT WITH RECOLOGY CUPERTINO FOR THE COLLECTION AND PROCESSING OF RECYLABLE AND COMPOSTABLE MATERIAL, AND THE COLLECTION AND DISPOSAL OF GARBAGE, TO NEGOTIATE A NEW FRANCHISE AGREEMENT AND DEFINE A BRIDGE TERM THAT INCLUDES A SPECIAL MAXIMUM RATE ADJUSTMENT WHEREAS, the City of Cupertino, with the approval of the City Council, entered into a Franchise Agreement with Recology Cupertino (Recology) for the collection and processing of recyclable and compostable materials, and the collection and disposal of garbage; the agreement has been thrice previously amended (as amended, the "Franchise Agreement"); and WHEREAS, the term of the Franchise Agreement expires at 11:59 P.M. on January 31, 2021, subject to Article 16 of the Franchise Agreement; and WHEREAS, pursuant to Section 2.2 of the Franchise Agreement, the City has the option to negotiate a new ten-year agreement that may begin at 12:00 A.M. on January 31, 2021, if certain criteria are satisfied; and WHEREAS, in accordance with Section 2.2.4 of the Franchise Agreement, Franchisee timely notified the City in writing of Recology’s intent to exercise the option to renegotiate the Franchise Agreement; and WHEREAS, pursuant to Section 2.3 of the Franchise Agreement, the City, at its sole discretion, may choose to extend, or not extend, the term of the Agreement, or negotiate a new agreement; and WHEREAS, the City Council desires to pursue negotiations of a new agreement with Recology, on certain terms and conditions, including the City preserves its ability to terminate such negotiations if the City determines in its sole discretion that it is in the City’s interest to do so, and Recology agrees to continue providing services under the same terms and conditions as the existing Franchise Agreement after any such termination of negotiations to bridge the period of time until the City can engage a new franchisee; and CC 04-21-20 411 of 548 Resolution No. __________________ Page 2 WHEREAS, the City Council desires to amend the Franchise Agreement a fourth time to modify its terms to define a bridge term of eighteen (18) months (“Bridge Term”) to ensure continuation of service in the event that negotiation of a new Franchise Agreement is unsuccessful; and WHEREAS, the collection of solid waste, which includes garbage, non- organic recyclables, organic waste, is determined and declared to be a health, sanitary and safety measure necessary for the promotion, protection and preservation of the health, safety and general welfare of the people of the City of Cupertino; and WHEREAS, the City Council of the City of Cupertino enacted Municipal Code Chapters 6.24 and 9.16, in part, to meet the City' s mandated collection of solid waste and to satisfy applicable California Integrated Waste Management Act AB 939 and Assembly Bill 1826 requirements; and WHEREAS, pursuant to Municipal Code Section 6.24.120 and applicable statutory authority, the provision of solid waste collection services in Cupertino is provided by a private solid waste collector pursuant to the terms of an exclusive franchise; and WHEREAS, the City does not provide solid waste collection services, rather it regulates the private solid waste collection industr y to protect public health, safety and welfare and ensure compliance with applicable laws; and WHEREAS, as part of its regulatory role, pursuant to Municipal Code Section 6.24.150, the City reserved the right to establish a schedule of approved maximum rates to avoid an abuse of the franchise rights granted; and WHEREAS, the solid waste collector is solely responsible for setting and collecting such rates and charges at a level at or below the schedule of approved maximum rates; and WHEREAS, the Franchise Agreement establishes a process for Recology to request an adjustment to the schedule of approved maximum rates if necessary to cover increased costs; and CC 04-21-20 412 of 548 Resolution No. __________________ Page 2 WHEREAS, in the event of a termination of negotiations and during the bridge period of time until the City can engage a new franchisee, and pursuant to the terms of the Franchise Agreement, on March 25, 2020 Recology submitted a written request and documentation in support of a special maximum rate adjustment for all categories of Service Recipients during the Bridge Term; and WHEREAS, an independent auditor has evaluated the requested special maximum rate adjustment and made written findings that the requested adjustment is necessary to cover the cost of providing service during the Bridge Term (if the Bridge Term is required); and WHEREAS, the City has determined that the amendment to the Franchise Agreement is exempt from environmental review pursuant to the exemption in 14 Cal. Code Regs. § 15601( b)( 3) in that it can be seen with certainty that there is no possibility that this action will have a significant effect on the environment; and WHEREAS, the City Council, using its independent judgment, before taking action on this Resolution, determines that the action is exempt from CEQA as stated above; and WHEREAS, all documentation to support this proposed adjustment to the schedule of approved maximum rates during the Bridge Term (if the Bridge Term is required) was placed on file with the City Clerk for public inspection and review; and WHEREAS, at its regular meeting on April 21, 2020, the City Council held a public hearing to consider the proposed adjustment to the schedule of approved maximum rates during the Bridge Term (if the Bridge Term is required); and WHEREAS, at the public hearing, interested persons had the opportunity to testify regarding the proposed adjustment to the schedule of approved maximum rates during the Bridge Term (if the Bridge Term is required); and WHEREAS, the City Council of the City of Cupertino finds and determines as follows: 1. The above recitals are true and correct and material to the adoption of this Resolution. CC 04-21-20 413 of 548 Resolution No. __________________ Page 2 2. After considering the request and documentation from Recology, the report and findings of the City-directed audit, the public's written comments and testimony received at this public hearing, and the staff report and information presented at the hearing re garding the adjustment to the schedule of approved maximum rates, the City Council determines that the evidence supports that the adjustment is needed to cover the increased costs of providing service during a Bridge Term (if the Bridge Term is required), and therefore, it is appropriate to approve the adjustment to the schedule of approved maximum rates by 5% for all categories of Service Recipients, effective February 1, 2021, and an additional 5% for all categories of Service Recipients, effective February 1, 2022, in the event that negotiation of a new agreement is unsuccessful and the Bridge Term begins. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the fourth amendment to the Franchise Agreement in accordance with the terms of this Resolution and staff's recommendations included in the Council report to authorize staff to pursue negotiation of a new franchise agreement with Recology, and, if the City elects to terminate such negotiations, define a Bridge Term, and establish a schedule of approved maximum rates during such Bridge Term; and BE IT FURTHER RESOLVED, that the City Manager or her designee is authorized to execute the fourth amendment to the Franchise Agreement, and to take all steps necessary to complete negotiations and execute the contract documents. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of April, 2020, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: CC 04-21-20 414 of 548 Resolution No. __________________ Page 2 ________ Steven Scharf, Mayor City of Cupertino ________________________ Date ATTEST: ________________________ Kirsten Squarcia, City Clerk ________________________ Date CC 04-21-20 415 of 548 LOS ALTOS GARBAGE COMPANY FRANCHISE AGREEMENT Attachment DCC 04-21-20 416 of 548 LOS ALTOS GARBAGE COMPANY FRANCHISE AGREEMENT TABLE OF CONTENTS Recitals 1 I Definitions 2 II General Conditions and Term ofFranchise 9 III Company Services 12 IV Service Rates and Adjustments 18 V Accounting Provisions 21 VI Billing and Compensation 22 VII Interruption of Service by Labor Dispute 23 VIII Cancellation of Franchise by City 24 IX Ownership of Solid Waste 25 X Disposal Facilities 25 XI Legal Liability Insurance Bonds 26 XII Assignments 28 XIII Disaster Operations 29 XIV Miscellaneous Terms and Conditions 30 XV Previous Agreements Superseded 33 Exhibit A Liquidated Damages Exhibit B Schedule of Approved Rates i CC 04-21-20 417 of 548 FRANCHISE AGREEMENT This Agreement is entered into to be effective as of December 4 1995 theCommencementDatebyandbetweentheCityofCupertinoamunicipalcorporationhereinafterreferredtoasCityandLosAltosGarbageCompanyIncaCalifornia corporation hereinafter referred to as Company RECITALS WHEREAS City regulates the collection and disposal of Solid Waste and Mixed Recyclables so as to protect the physical health and safety of its inhabitants and WHEREAS City is acting under clearly articulated and affirmatively expressed policies of the State of California empowering cities to regulate the collection and disposal of Solid Waste and Mixed Recyclables under powers expressly granted to cities in Article XI Section 7 of the California Constitution and also set forth in Section 4250 of the Health and Safety Code of California and Sections 66755 to 66757 inclusive ofthe Government Code of California and WHEREAS City has examined and found the performance and services provided by Company to inhabitants of City under the franchise agreementduring the preceding years to have been satisfactory WHEREAS The City Council of City has determined that the public interest and convenience and the physical health and safety of its inhabitants require the entering into of the following Franchise Agreement and WHEREAS City and Company desire to enter into a new Franchise Agreement providing continuation by Company of the collection removal and transportation of Solid Waste and Mixed Recyclables produced generated or accumulated within City Limits and WHEREAS City and Company desire to extend the term of the existing franchise agreement for an additional ten years commencing from November 1 2000 and continuing through October 31 2010 Page 1 CC 04-21-20 418 of 548 FRANCHISE AGREEMENT NOW THEREFORE for and in consideration of the mutual promises covenants and conditions contained in this Agreement and for other and valuable consideration the parties hereto agree as follows ARTICLE I DEFINITIONS The following capitalized names and terms shall have the respective meanings indicated throughout this Agreement 11 Areawide Cleanup Service Areawide Cleanup Service means the service that Company may at Citys option provide at times and dates agreed upon between Company and City sufficient to collect and remove accumulated bulky residential Solid Waste not collected through the regular residential collection services to be provided by Company and as more particularly described in Section 31 of this Agreement 12 Biomedical Waste Biomedical Waste means waste which may be reasonably considered infectious pathological or biohazardous originating from hospitals public or private medical clinics departments of research laboratories pharmaceutical industries blood banks forensic medical departments mortuaries veterinary facilities and other similar facilities and includes without limitations equipment instruments utensils fomites laboratory waste including pathological specimens and fomites attendant thereto surgical facilities equipment bedding and utensils including pathological specimens and disposal fomites attendant thereto shares hypodermic needles syringes etc dialysis unit waste chemotherapeutic waste animal carcasses offal and body parts biological materials vaccines medicines etc and other similar materials but excluding any such waste which is determined by evidence reasonably satisfactory to Company to have been rendered noninfectious nonpathological and nonbiohazardous Page 2 CC 04-21-20 419 of 548 13 City City means the City of Cupertino a municipal corporation organized under the laws of the State of California 14 City Council City Council means the elected body of officials who govern the municipal affairs of City pursuant to the laws of the State of California 15 Ci Limits City Limits means all of the geographic area lying within the municipal boundaries of City either as of the Commencement Date or as may be annexed or added thereto during the term of this Agreement 16 City Manager City Manager means the duly appointed City Manager of City 17 City Rules and Regulations City Rules and Regulations has the meaning set forth in Section 27 18 Comanctor Compactor means container in which a mechanical blade is used to compress the contents held by said container 19 Company Company means Los Altos Garbage Company Inc a California corporation and its successors and assigns 110 Curbside Recclyink Curbside Recycling means the curbside collection removal and Recycling of Recyclables discarded at residential dwellings as more particularly described in Section 31 Page 3 CC 04-21-20 420 of 548 111 Customers Customers means those persons or entities whose residential commercial industrial institutional municipal or agricultural premises or activities are located within the City Limits and who either voluntarily or mandatorily subscribe for Solid Waste collection services with Company 112 Debris Box Debris Box means arolloffwaste container used to collect and or accumulate without mechanical compaction any Solid Waste including but not limited to any construction and or demolition site debris and other similar materials 113 Disposal Facilities Disposal Facilities means one or more sanitary landfills designated by City for the delivery and disposal by Company of Solid Waste collected pursuant Section 31 of this Agreement 114 Extraordinary Costs Extraordinary Costs means those costs which increase Companys costs of providing service under this Agreement due to changes in circumstances beyond the control of Company including without limitation Regulatory Changes and the inability of Company to dispose of collected Solid Waste at the Disposal Facilities designated by City pursuant to Section 31 of this Agreement 115 Franchise Franchise means the rights and privileges granted by City to Company under this Agreement particularly Section 21 herein subject to all of the provisions ofthis Agreement 116 Franchise Fee Franchise Fee means the fee payable by Company to City pursuant to Section 63 of this Agreement for the privilege of being granted the Franchise under this Agreement Page 4 CC 04-21-20 421 of 548 117 Government Regulations Government Regulations means all statues laws ordinances rules regulations orders decrees or permit requirements enacted ordained or promulgated by any governmental entity with jurisdiction over the operations of Company including judicial or administrative orders and decrees as are applicable to the accumulation collection removal and hauling of Solid Waste and Mixed Recyclables or to the other activities of Company contemplated by this Agreement 118 Hazardous Waste Hazardous Waste means any of the following a All waste defined or characterized as hazardous waste by the federal Solid Waste Disposal Act 42 USC Section 3251 et sea as amended including the Resource Conservation and Recovery Act of 19876 42 USC Section 6901 et sea and all future amendments thereto or regulations promulgated thereunder b All waste defined or characterized as hazardous waste by the principal agencies of the State of California including without limitation the Department of Health Services and the California Waste Management Board having jurisdiction over hazardous waste generated by facilities within such State and pursuant to any applicable State or local law or ordinance and all future amendments thereto or regulations promulgated thereunder c Radioactive wastes d Any sewage sludge or other residue from wastewater treatment facilities e Waste commonly known as cannery waste f Those substances and items which require special or extraordinary handling or disposal due to their hazardous harmful toxic or dangerous character or quality and g Those substances and items which are not normally expected to be disposed of by generally accepted sanitary landfill disposal methods Page 5 CC 04-21-20 422 of 548 Hazardous Waste shall be construed to have the broader more encompassing definition where a conflict exists in the definitions employed by two or more governmental agencies having concurrent or overlapping jurisdiction over Hazardous Waste If any governmental agency or unit having appropriate jurisdiction shall hereafter determine that substances which are not as of the date thereof considered harmful toxic dangerous or hazardous then such substances shall be Hazardous Waste for the purposes of this Agreement as of the effective date of such determination If any governmental agency or unit having appropriate jurisdiction shall hereafter determine that substances which are as of the date hereof considered harmful toxic dangerous or hazardous are not harmful toxic dangerous or hazardous then such substances shall not be Hazardous Waste for purposes of this Agreement as of the effective date of such determination 119 Recvclables Recyclables mean any discarded materials substances or objects that may be reusable with or without reprocessing or remanufacturing into new products or which otherwise may have commercial value that prior to collection by Company are separated or segregated by their generator from Solid Waste Without limiting the generality of the foregoing examples of Recyclables include newspaper cans corrugated cardboard glass certain types of plastic metals wood construction debris and automobile oil 1191Mixed Recvclables Mixed recyclables means more than one type of recyclable material commingled in a bin debris box compactor or other type of container This material includes but not limited to wood paper plastic metals glass and other dry waste The material must not have more than 10 putrescrible or nonrecyclable waste 1192 Single Source Separated Recyclables Single Source Separated Recyclables means any Recyclables that prior to collection by Company are or have been separated or segregated by their generator as to type or category of material and are or have been placed into separate containers according to type or category ie all newspapers are separated from all other Recyclables and are placed together in their own separate container or containers all cans are separated from all other Recyclables and are placed together in their own separate container or containers and so on Page 6 CC 04-21-20 423 of 548 120 Recvcling Recce Recycling and Recycle means that process of controlled manual and or mechanical separation and removal of Recycles from the stream of Solid Waste and any subsequent activities necessary for the marketing and sale of such Recyclables 121 Regulatory Changes Regulatory Changes means enactment of Government RegulationsrevisionstopresentorfutureGovernmentRegulationsincludingthe manner of enforcement or interpretation thereof which materially and adversely affect the ability of Company to provide services and perform its obligations under this Agreement 122 Schedule of Approved Rates Schedule of Approved Rates means the service rates pursuant to which Company receives compensation for services it performs under this Agreement as more particularly described in Article IV herein 123 Solid Waste Solid Waste means all materials substances or objects that are generally discarded by or rejected as being spent useless worthless or in excess to the owners at the time of discard or rejection including without limitation materials substances or objects commonly referred to as trash garbage refuse and rubbish that are produced generated or accumulated by all residential commercial industrial institutional municipal agricultural and other inhabitants premises and activities within City Limits the collection of which is regulated by City through license permit franchise contract or other authorization as of the Commencement Date provided however Solid Waste does not include i Hazardous Waste ii Biomedical Waste iii ash iv sewage whether combustible or noncombustible and other highly diluted watercarried materials or substances and those in gaseous form and v Recyclables Page 7 CC 04-21-20 424 of 548 124 Special Waste Special Waste shall mean those solid wastes which consist of or contain pollutants which under ambient environmental conditions at a sanitary landfill or other waste management unit could be released at concentrations in excess of applicable water quality objectives or which could cause degradation of waters of the State and which may only be discharged at waste management units that are designated either Class I or Class II by the California State Waste Management Board or successor agency 125 Standard Container Standard Container means a metallic or plastic can with close fitting cover with handle and side bails and which has a maximum capacity of 32 gallons or less in gross capacity 126 Unacceptable Waste Unacceptable Waste means i Hazardous Waste ii Biomedical Waste iii ash iv sewage whether combustible or noncombustible and other highly diluted watercarried materials or substances and those in gaseous form v Special Waste and vi any Solid Waste the collection removal handling hauling or disposal ofwhich would in the reasonable judgment of Company either a pose a substantial threat to public health or safety or b result in residues which are ash or Hazardous Waste or c cause applicable air quality or water effluent standards to be violated or d otherwise pose a reasonable possibility of adversely affecting the operation of Company in any material respect Without limiting the generality of the foregoing examples of Unacceptable Waste include drums or sealed containers explosives including dynamite hand grenades blasting caps shotgun shells and fireworks gasoline kerosene turpentine waste oil ether naphtha acetone solvents paints alcohol acids hydraulic oil petroleum caustics sewage or process wastewaters leachate burning or smoldering materials flammable or volatile liquids any other liquids asbestos farm machinery of equipment batteries motor vehicles and motor vehicle parts including transmissions rear ends springs fenders and other large motor vehicle parts 127 Yardwaste Yardwaste shall mean organic waste materials generated by the care and trimming of lawns garden plants trees shrubbery other plants used for purposes of landscaping and ornamentation and other vegetation Page 8 CC 04-21-20 425 of 548 ARTICLE II GENERAL CONDITIONS AND TERM OF FRANCHISE 21 Franchise Granted City grants exclusively to Company the right and privilege the Franchise of engaging as a collector in the business of collecting removing and transporting all Solid Waste and Recyclables produced generated or accumulated within City Limits subject to the limitations described in Section 25 of this Article II and the other provisions of this Agreement The exclusive services to be performed by Company as granted by this Franchise are more particularly described in Section 31 of this Agreement The Franchise herein granted shall be subject to the following a The other provisions of this Agreement b Compliance with all applicable Government Regulations including City ordinances as they presently exist or as they may be amended during the term of or extension ofthis Agreement and c The City Rules and Regulations established by the City Manager pursuant to Section 27 of this Article II In the event of any conflict between this Agreement and applicable Government Regulations including City ordinances the latter shall prevail 22 Franchise Term The term of the Franchise granted herein shall begin at 1201 AM on the Commencement Date and shall continue unless otherwise terminated hereunder until 1159 PM October 31 2010 23 Use of Citv Streets City grants to Company during the term of this Agreement the right and privilege to use and operate upon City maintained streets and other public rightsofway to the extent necessary to perform Companys obligations specified herein Page 9 CC 04-21-20 426 of 548 24 Independent Contractor Status Company its employees and agents are independent contractors and not employees agents or subagents of City Company shall not use a firm name containing the word City or other words implying municipal ownership 25 Exceptions to Exclusivity of Franchise Granted The Franchise granted herein by City to Company shall be exclusive except with respect to the following a Collection of Single Source Separated Recyclables from nonresidential premises and residential building of five 5 or more dwelling units b Collection of Recyclables from residential premises provided however that no person other than the Company shall be permitted to collect Recyclables from residential premises unless that person meets all of the following four criteria i is anotforprofit organization as defined in Section 501c3 of the Internal Revenue Code of 1986 as amended ii is an organization that has traditionally engaged in Recycling activities within City Limits iii has received a permit to engage in Recycling activities within City Limits by the City Manager and iv receives no consideration from the person or entity who discarded suchRecyclables other than the value of the Recyclables themselves c Noncontainer hauling services incidental to other services to be performed at the premises of a Customer by businesses such as gardeners landscapers or tree services d Noncontainer hauling services provided on an irregular and ad hoc basis by bulky item haulers e Hauling of accumulated and or stored Solid Waste from building construction and or demolition sites wherein such Solid Waste has not been accumulated and or stored in aDebris Box f Collection of Unacceptable Waste and other materials substances and objects that are neither Solid Waste nor Recyclables Page 10 CC 04-21-20 427 of 548 26 Office Established Company shall establish and maintain a local office for the purpose of receiving applications for service and the receipt and handling of Customer complaints Such office shall be open to the public daily between 800 AM and 430 PM excepting Saturday and Sunday and such holidays as are recognized by Company and approved by the City Manager Company shall provide in said office a qualified person to manage Companys obligations pursuant to the Agreement and such person shall have the responsibility to assure that all collection operations are effectively performed and all Customer complaints courteously handled and satisfactorily resolved 27 Rules and Regulations ofthe City Manager The City Manager shall have the power to establish reasonable rules and regulations the City Rules and Regulations respecting the collection removal accumulation and transportation of Solid Waste and Mixed Recyclables not inconsistent with the provisions of this Agreement or with the provisions of any applicable Government Regulations provided such City Rules and Regulations are found to be necessary or convenient by the City Manager for the enforcement of the provisions of this Agreement the provisions of any and all applicable sanitary laws and ordinances and the preservation of the public peace health and safety Company shall comply with any and all such City Rules and Regulations 28 Enforcement Responsibility The administration and enforcement of this Agreement shall be the responsibility of the City Manager or such representatives as may be designated by the City Manager by notice to Company All services to be provided by Company pursuant to this Franchise shall be performed in a manner reasonably satisfactory to the City Manager pursuant to City Rules and Regulations 29 Notices Any and all notices to be given under this Agreement or which either party may desire to give to the other shall be in writing and shall be deemed to be duly and properly given if personally delivered or deposited in the United States Mail as certified mail return receipt requested postage prepaid addressed to the other party at the address designated below or to such other place or address as may be designated by the other party by written notice delivered pursuant to the provisions of this Section 29 Page 11 CC 04-21-20 428 of 548 Ifto Company Los Altos Garbage Company 20863 Stevens Creek Boulevard Suite 100 Cupertino CA 95014 If to City City of Cupertino 10300 Torre Avenue Cupertino California 95014 Notwithstanding the foregoing if either party to this Agreement relocates notice of such fact including the new address for notice shall be given to the other party not less than thirty 30 days in advance of such relocation ARTICLE III COMPANY SERVICES 31 Franchised Services Company shall provide the following exclusive services under this Franchise a Solid Waste Collection Company shall furnish the personnel labor and equipment required for the collection removal handling and transportation to Disposal Facilities of all Solid Waste produced generated or accumulated within the City Limits in accordance with the terms of this Agreement Subject to the provisions of Section 101 of this Agreement Company shall haul all Solid Waste collected to one or more Disposal Facilities outside of the City Limits the location of which shall be designated by the City Manager Refusal by the operators of such Disposal Facilities to accept Companys delivery of Solid Waste shall not remove Company from responsibility under this Agreement b Debris Box Service Company shall provide Debris Box collection removal and hauling services on an oncall basis for the provision of Debris Boxes to both residential dwelling and nonresidential units and to construction sites and Company shall charge for such services the appropriate charge appearing in the Schedule of Approved Rates as provided for herein Page 12 CC 04-21-20 429 of 548 c Curbside Recycling Company shall provide residential Customers with appropriate containers into which such Customers may segregate and discard Recyclables Company shall collect and remove Recyclables from such containers on alternating weeks or more often as maybe necessary subject to standards to be mutually agreed upon between the parties Items included for collection include aluminum glass clear or colored tin PET plastic or other grades of plastic as mutually agreed upon by the parties newspaper and used motor oil d Citys Solid Waste At no cost to City Company shall furnish the personnel labor and equipment required for the collection removal hauling and delivery to a Disposal Facility of any Solid Waste generated on parcels of property owned leased or otherwise occupied by City e Areawide Cleanup Service At Citys option and on dates and at times to be mutually agreed upon between Company and City Company shall provide an annual Areawide Cleanup Service for residential Customers within the City Limits f Compactor Service All compactors located within the City shall be hauled by the Company except for special accounts that have been granted a permit by the Director of Public Works g Additional Services At Citys request and subject to the following Company may elect to provide any other exclusive services not granted by this Franchise New Services upon receiving a written proposal from City and subject to the establishment of an appropriate rate for such New Services provided however if Company elects not to provide any proposed New Service and so notifies City in writing City may perform or contract with other persons or entities to perform any such New Service gl Mixed Recyclable Collection Company shall provide Mixed Recyclable collection removal and hauling services for commercial businesses and Company shall charge for such services the appropriate rate as defined in the Approved Schedule of Rates Sorting fees associated with this service shall be the responsibility of Company Page 13 CC 04-21-20 430 of 548 g2 Commercial Cardboard Collection Company shall provide commercial cardboard collection removal and hauling services for commercial businesses Revenues received from the sale of commercial cardboard collected in City will be remitted by Company on a quarterly basis to City g3 Yardwaste Collection Company shall provide residential yardwaste collection utilizing ninetysix 96 gallon wheeled containers to singlefamily and certain multifamily units on alternating weeks or more often as may be necessary subject to the standards mutually agreed upon between the parties g4 MultiFamilyHillside Rec Program Company shall provide a recycling program similar to that described in Section 31 c g3 and g5 of this Agreement to certain multifamily hillside and or difficult to service units subject to standards to be mutually agreed upon between the parties g5 Residential Mixed Paper Collection Company shall provide residential mixed paper collection removal and hauling services on alternating weeks or more often as may be necessary Any and all revenues received by Company for the sale of residential mixed paper shall be retained by Company except that those revenues exceeding 100000 annually shall be split evenly between the Company and the City based on rates published and agreed to by both parties Nothing in this Agreement shall be construed so as to limit or preclude Company from engaging in any lawful activity or business within City Limits not otherwise granted exclusively herein to Company Page 14 CC 04-21-20 431 of 548 32 Place of Residential Collections City shall enact and enforce such ordinances as may be necessary to assure that residential Customers situate discarded Solid Waste for collection by Company in the front yard of such Customers dwelling premises in locations that are free of all enclosures such as gates and fences provided however at the option of City certain residential Customers may be allowed to situate discarded Solid Waste for collection by Company in alternative locations on such Customers dwelling premises Alternative Collection Services and City shall approve reasonable service rate differentials within the Schedule of Approved Rates for such Alternative Collection Services to reflect the increased costs to Company thereof 33 Times of Collection Companys Solid Waste collection activities in residential areas shall begin after 600 AM and shall conclude by 500 PM Monday through Friday or during such additional times as shall comply with Citys noise ordinance subject to the approval of the City Manager Companys Solid Waste collection activities in nonresidential areas shall be performed on weekdays other than Sundays during such times as shall comply with Citys noise ordinance The times and days for collection in nonresidential areas adjacent to residential areas shall be fixed by mutual agreement of City and Company after due consideration of traffic conditions noise and accessibility to and from the collection area and any other appropriate factors and circumstances 34 Holidavs Company shall not provide collection services on holidays on which the designated disposal facility is closed which may include but are not limited to the following days New Years Day Thanksgiving Day and Christmas Day 35 Additional Requirements Company shall comply with each ofthe following requirements Page 15 CC 04-21-20 432 of 548 a Company shall provide annually for atwoweek period following January 1 curbside collection of Christmas trees cut into lengths no more than four 4 feet b All of Companys collection vehicles and equipment shall be so constructed and maintained to prevent leakage spillage and overflow Company shall maintain all vehicles detachable containers and Debris Boxes in a clean and sanitary condition and shall perform such maintenance as may be necessary to assure each vehicle and piece of equipment is capable of performing all functions for which it was designed All trucks and equipment shall be clearly identified with Company name and a current telephone number City may refuse to permit the operation within the City Limits of any vehicle not adequately serviced cleaned or in need of repair Removal of vehicles for servicing and repair shall not relieve Company from observing all collection schedules c Company shall collect and remove from any and all premises within twentyfour 24 hours after demand notice or request any and all Solid Waste which Company shall have failed to collect and remove as required at the regularly scheduled time d Company shall not litter Customer premises or City streets in the process of performing its collection and removal services nor shall Company allow any Solid Waste to blow or fall from any vehicle used for collections Company shall clean up all spills including oil and debris on the streets resulting from its operations e Company shall replace lids or covers on all Customer containers immediately after emptying the same and shall repair or replace at its expense any containers damaged as a result of its handling thereof normal wear and tear excepted Company shall restore all containers used by Customers in an upright position in approximately the same location found by Company immediately prior to being emptied by Company Company shall restore all commercial bins to the position where the containers were located immediately prior to being emptied by Company within any enclosures provided and shall close the doors or gates provided for screening the bins Company shall instruct its employees to comply with the foregoing requirements and shall exercise sufficient supervision of such employees to assure that these instructions are followed Page 16 CC 04-21-20 433 of 548 f Company shall keep records of all Solid Waste collected and removed and shall maintain these records separately from other Company operations Route status sheets for each collection route shall be maintained by Company indicating the address of each Customer type and frequency of service and such other pertinent information as may be reasonably required by City City shall be provided such collection records and route status sheets upon request Company may provide City with quarterly summaries of collection operations within City including number of vehicles and amounts of Solid Waste collected g Company shall extend routes and services promptly upon annexation of new areas to City or upon other increase in the service demand Company shall provide service upon all dedicated public streets and private roads when and as practicable h Company shall respond on an oncall basis for the pick up of large or bulky items and shall charge the Customer for such service 36 Standard Containers The Standard Container for residential and nonresidential service shall not exceed thirtytwo 32 gallons and its gross weight shall not exceed seventy 70 pounds Company shall also furnish ninety six 96 and sixty four 64 gallon wheeled container carts as an option to Customers A separate service fee may be charged for the cart which fee shall be included in calculating the Franchise Fee to be paid to City These carts if damaged or lost except through repeated negligence or intentional conduct by the Customers will be repaired or replaced by Company at its option at no charge Printing on such carts will be limited to their identification as property of Company including an identification number and instructions for use Company may refuse to collect and remove Solid Waste from Customers containers which exceed these volume and weight specifications provided that Company informs such Customers ofthe reasons for such refusal Page 17 CC 04-21-20 434 of 548 ARTICLE IV SERVICE RATES AND ADJUSTMENTS 41 Rate Authorization Company shall be compensated under this Agreement by billing Customers according to the Schedule of Approved Rates in effect from time to time as provided hereunder Company shall not charge Customers any amount in excess of those rates shown on the Schedule of Approved Rates for any services required or permitted to be performed under this Agreement 42 Schedule ofApproved Rates Revisions The Schedule of Approved Rates shall be those rates as shall be duly adopted by the City Council by resolution The initial Schedule of Approved Rates the Initial Rates to be effective as of the Commencement Date is attached hereto as Exhibit B Subject to the provisions of Section 44 of this Article IV revisions to the Schedule of Approved Rates if any shall become effective on the date specified by resolution of the City Council providing for such revisions but shall not be retroactive unless expressly made retroactive in the resolution 43 Adjustment for Extraordinary Costs The parties agree to adjust the Schedule of Approved Rates to fully reimburse and compensate Company for Extraordinary Costs to the extent and in proportion to Companys increased costs of providing services hereunder subject to the following limitations a The Schedule of Approved Rates shall not be adjusted as a result of increases in Companys costs which result from Companys failure to conform to existing as of the Commencement Date consistently interpreted applicable Government Regulations b For purposes of determining the appropriate increase in the Schedule of Approved Rates Extraordinary Costs shall be allocated either as current expenses or if such Costs have a useful life exceeding one year as capital expenditures Extraordinary Capital Costs as shall be determined by Companys independent public accounting firm using generally accepted accounting principles Page 18 CC 04-21-20 435 of 548 Extraordinary Capital Costs shall be amortized over the useful life thereof in accordance with generally accepted accounting principles provided however any corresponding increase in the Schedule of Approved Rates resulting from amortization of Extraordinary Capital Costs shall be repealed at the end of such amortization period provided further that the repeal of any such increase shall not affect other increases resulting from Extraordinary Costs which were not amortized 431 Timing Of Additional Review Upon receiving the Companys written request for additional review and such information deemed necessary to support such request the City shall have thirty 30 days to act upon the request provided that the request is deemed complete by the City If the request is based upon an increase in any fee tax or charge mandated or imposed by Federal State County City or other law the City agrees to take action to remedy costs incurred by Company 44 Differential Rates Differential rates for similar services may be established for those areas within City Limits where terrain topography density or other factors have a demonstrated effect upon the operational economy and profitability of Company Rate differentials thus established shall be applied to services only in those geographic or other clearly identifiable circumstances for which they are approved by the City Council 45 Future Rate Adjustments Company and City agree that each of the rates shown on the Schedule of Approved Rates in effect as of June 30 of each year the Base Year shall commencing on the date of this Agreement be adjusted either increased or decreased effective as of August 1st the Rate Adjustment Date by the percentage increase or decrease the Rate Adjustment that is calculated pursuant to the following formula which the parties understand and agree appropriately considers both growth and cost of living factors Rate Adjustment CPI BR 25L 25E 50 CPI 6R 7C 3D BR 25L 25E 50 CPI where the terms ofthe formula shall have the following meaning Page 19 CC 04-21-20 436 of 548 BR Base Revenue or revenue anticipated for the Base Year ending on June 30 excluding adjustments granted for cost of living increase or nonscheduled adjustments granted in the previous twelve 12 months L The net percentage change during the May to May Year in the Employment Cost Index compensation as published by the US Department of Labor Bureau of Labor Statistics May statistics E The net percentage change during the May to May Year in the Gross National Product Implicit Price Deflator for Producers Durable Equipment nonresidential as published quarterly by the US Department of Commerce Bureau of Economic Analysis CPI The net percentage change during the May to May Year in the Consumer Price Index All Items for the San Francisco Oakland Metropolitan Area as published by the U S Department of Labor Bureau of Labor Statistics May statistics R The net increase in revenue for residential customer above base revenue can service C The net increase in revenue for commercial accounts above base revenue container type D The net increase in revenue for rolloffdebris box service above base revenue Should any of the aforementioned index values not be published for the month of May during the Base Year the rate adjustment calculations shall be performed using the index values as published for the last month immediately preceding the May in question or in the case of a quarterlypublished index the index value for the quarter including the May in question Should any of the indices named in this section be discontinued a successor index shall replace the same provided that any successor index shall be that index which is most closely equivalent to the discontinued index as recommended by the publishing agency Page 20 CC 04-21-20 437 of 548 ARTICLE V ACCOUNTING PROVISIONS 51 Books and Records Books and records relating to services provided under this Agreement shall be kept and maintained by Company The City Manager or his her designated representative may audit and inspect such books and records to the extent and for the sole purpose of ascertaining the correct amount of sums due to City Financial records and operating data required by City for the purposes of any review of the Schedule of Approved Rates shall be furnished by Company at no expense to City and shall be prepared in a manner and form reasonably described by City 52 Accounting Method and Period The accounting records of Company for purposes of billing collections and payment of Franchise Fees shall be kept on a cash basis The operating year for financial and accounting purposes shall begin October 1 and end September 30 53 Financial Reporting Requirements Company shall annually provide City with copies of an annual audit prepared by an independent certified public accountant who has annexed his her opinion thereto City Manager may reasonably specify the form and detail of the annual audit and may inspect the financial records of Company at all reasonable times for any purpose relevant to the performance or the enforcement ofthe provisions of this Agreement Page 21 CC 04-21-20 438 of 548 ARTICLE VI BILLING AND COMPENSATION 61 Company Billingand Collection Company shall no less frequently than once per calendar quarter bill Customers and collect the appropriate sums of money due for all such services performed by Company hereunder such sums to reflect the Schedule of Approved Rates Company shall also include on such Customer bills and shall collect as an agent for City all additional disposal charges authorized by the City Council and those monies shall be passed through to City 62 Liability of Citk Neither City nor any of its officers nor employees shall be liable or in any way be responsible for the payment or collection of any service rates or charges due Company for performing services within the City Limits 63 Franchise Fee On or before the twentieth 20th day of each calendar month during the term of this Agreement Company shall remit toCity a sum of money equal to ten percent 10 of the gross revenues collected by Company from its Customers within the City Limits during the preceding calendar month as a Franchise Fee for the privilege of operating the Franchise granted under this Agreement Each monthly remittance to City shall be accompanied by a statement detailing for the period covered gross receipts from operations conducted within the City Limits pursuant to this Agreement 64 Franchise Surcharge Commencing July 1 1996 Company shall remit on or before the twentieth 20th day of each calendar month during the term of his Agreement a sum of money equal to two percent 2 of the gross revenues collected by Company from its Customers within the City Limits during the preceding calendar month This Administrative Fee shall be paid in addition to the Franchise Fee set forth in Section 63 Page 22 CC 04-21-20 439 of 548 ARTICLE VII INTERRUPTION OF SERVICE BY LABOR DISPUTE 71 Temporary Possession by City In the event that Companys Solid Waste collection removal and haulingservicesareinterrupted by a labor dispute and Companys regularly scheduled collection services are discontinued for a period of more than fortyeight 48 hours a Service Interruption City shall have the right 1 to take temporary possession of all facilities equipment and or vehicles of Company for the purposes of continuing those services which Company has agreed to provide hereunder so as to preserve and protect the public health and safety and 2 to retain possession of said facilities equipment and or vehicles to render the necessary services until Company can demonstrate to the satisfaction of the City Council that such services can be resumed by Company provided however City will indemnify and defend Company and its officers directors agents and employees and hold such parties harmless against all suits actions liabilities costs and expenses including reasonable attorneys fees and costs of defense arising out of or related to Citys negligence or willful misconduct while in possession or operation of any facilities equipment and or vehicles of Company or in the performance of Companysservices hereunder during any such Service Interruption 72 Gross Revenue to Citv During any period of Service Interruption while City has temporarily assumed the obligations of Company under this Agreement City shall be entitled to collect and retain the gross revenue attributable to operations during such period and shall pay therefrom only those costs and expenses applicable or allocable to said period The excess if any of revenue over applicable or allocable costs and expenses during such period shall be deposited in the treasury of City to the credit of the general fund The loss if any during such period shall be charged against Company and shall be paid to City by Company upon demand Final adjustment and allocation of gross revenues costs and expenses to the period during which City temporarily assumed the obligation of Company shall be determined by an audit by an independent certified public accountant and prepared in report form with his her opinion annexed thereto Page 23 CC 04-21-20 440 of 548 73 Temporarmlokment by City City may employ during a Service Interruption employees of Company while City temporarily assumes the obligations of Company under this Agreement provided however the rate of compensation to be paid such employees or any other employees shall be at the rate or rates in erect at the time of the Service Interruption ARTICLE VIII CANCELLATION OF FRANCHISE BY CITY 81 Default Cure and Termination In the event Company defaults in the performance of any of its material obligations under this Agreement City shall give Company notice setting forth in reasonable detail the facts of such default the Notice ofDefault and if Company fails neglects or refuses for a period of more than thirty 30 days after receipt of the Notice of Default to cure such default by performing its obligations hereunder City may without further notice terminate this Agreement and revoke cancel and annul the Franchise granted hereunder In the event of termination ofthis Agreement for Companysfailure to cure a material default City shall have the right to take possession of vehicles and other equipment of Company used to perform work under this Agreement City shall have the right to retain possession of said vehicles and equipment until other suitable vehicles and equipment can be purchased or otherwise acquired by City for said purpose and City shall pay Company the reasonable rental value of such trucks and equipment during the time the same are used by City for such purpose City shall also have access to Companys records for the purpose of billing Customer service accounts during the period which City is providing Solid Waste collection and disposal services and City shall retain all fees collected for providing such services Page 24 CC 04-21-20 441 of 548 ARTICLE IX OWNERSHIP OF SOLID WASTE 91 Property of Compank Title to Recyclables shall pass to the Company when such Recyclables are collected from Customers at their source of generation Title to Solid Waste shall remain with the Customer until such Solid Waste is delivered to and accepted at the Disposal Facilities or as to Solid Waste capable of being recycled separated by the Company for recycling ARTICLE X DISPOSAL FACIIITIES 101 Delivery to Designated Disposal Facilities Subject to Section 102 below Company shall transport the Solid Waste collected pursuant to this Agreement and shall deliver the same to the Disposal Facilities designated by City as provided for in Section 31 of this Agreement Company is responsible for maintaining records to account for the total amount of Solid Waste disposed of at each of the Disposal Facilities designated by City Company will keep the Disposal Facilities informed of the total amount of Solid Waste delivered from collection within City Limits pursuant to this Agreement Any increased Company costs resulting from delivery of Solid Waste to a Disposal Facility other than Newby Island sanitary landfill located at 1601 Dixon Landing Road in San Jose shall be passed through to Customers and shall be treated as ari Extraordinary Cost as provided for in Section 43 ofthis Agreement Page 25 CC 04-21-20 442 of 548 102 Recvclables Notwithstanding any other provision of this Agreement to the contrary Company shall have the right to market sell or otherwise lawfully dispose of all Recyclables collected and removed by Company pursuant to the Franchise granted by this Agreement including the right to retain the revenues from any such sale except as provided for under Section 31 g New Programs provided however that the revenues from the sale of any Recyclables shall not be subject to the Franchise Fee provided for in Section 63 of this Agreement ARTICLE XI LEGAL LIABILITY INSURANCE BONDS 111 Surety Bond Within ten 10 days of the executive of this Agreement Company shall furnish to City and shall file with the City Clerk a corporate surety bond approved by the City Manager and approved as to form by the City Attorney and executed by Company as principal and by a corporate surety as surety in the sum of FiftyThousand Dollars 5000000 conditioned upon the faithful performance by Company and its subcontractors if any of this Agreement In lieu of such bond Company may provide City with such other security for faithful performance as may be approved by the City Manager 112 Insurance Company and its subcontractors if any shall at their sole costs and expense obtain and maintain in full force and effect throughout the entire term of this Agreement public liability insurance approved by the City Manager and approved as to form by the City Attorney Such policy or policies shall insure Company and its subcontractors and City its officers agents and employees and each of them against liability for bodily injury or death to and of any person or persons and for any property damage arising as a result from the operations of Company or its subcontractors in conducting the business herein and above licensed and authorized Minimum bodily injury or death coverage provided by said insurance shall be FiveHundred Thousand Dollars 50000000 per each person and One Million Dollars 100000000 per occurrence Property damage coverage shall be at a minimum ofTwoHundredFiftyThousand Page 26 CC 04-21-20 443 of 548 Dollars 25000000 per occurrence This however will not increase the limits of liability of the insuring company The above insurance shall be considered primary insurance with respect to any other valid and collectible insurance City may possess including any selfinsured retention City mayhaveandanyotherinsuranceCitydoespossessshall be considered excess insurance only Policies or certificates of said insurance shall be filed with the City Clerk within twenty 20 days after the execution of this Agreement Company shall make diligent efforts to obtain a policy of policies of insurance which contain a provision whereby said insurance will not be canceled by the insurer without giving twentyfive 25 days written notice to City of any cancellations so proposed Company and its subcontractors if any shall obtain and maintain in full force and effect throughout the entire term of this Agreement full workers compensation insurance in accordance with the laws of the State of California and other applicable laws Certificates of such insurance shall be filed with the City Clerk within ten 10 days after the executive of this Agreement Company shall immediately inform City of any Cancellation withdrawal and or change of any such insurance 113 Comanv to Indemnify Citk Except as otherwise provided by Section 71 or Section 135 of this Agreement Company shall protect and save harmless City its officers agent and employees for and form any and all losses liability demands actions or suits of any and every kind in description a arising or resulting from or in any way connected with the operation of Company or its subcontractors in exercising any license or privilege granted to Company by this Franchise or by any City ordinance or b arising or resulting from the failure of Company or its subcontractors to comply in all material respects with the provisions and requirements of this Agreement and with all applicable Government Regulations Company shall upon demand of City at Companyssole cost and expense defend and provide attorneys to defend City its officers agents and employees against any and all actions or suits brought against City its officers agents and employees arising or resulting from or in any way connected with the aforementioned operations of Company or its subcontractors or its subcontractorsfailure to comply with this Agreement and with applicable Government Regulations Page 27 CC 04-21-20 444 of 548 114 Waivers The waiver by City of any breach or violation of any term covenant or condition of this Agreement or of any provision of any applicable Government Regulation shall not be deemed to be a waiver of such term covenant condition ordinance or law or of any subsequent breach or violation of the same of any other term covenant condition ordinance or law or of any subsequent breach or violation of the same or of any other term covenant condition or Government Regulation The subsequent acceptance by City of any license fee or of any other monies which may become due hereunder to City shall not be deemed to be a waiver of any preceding breach or violation by Company or of any term covenant or condition of this Agreement or of any applicable Government Regulation 115 Performance A Condition This Agreement and the license and the Franchise herein granted to Company is and are conditioned upon the faithful performance by Company and by each and every one of its subcontractors if any of each and all of the material covenants of Company contained herein including covenants to pay all Franchise Fees and other monies herein agreed to be paid by Company ARTICLE XII ASSIGNMENTS 121 Successors and Assigns This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto provided that no party hereto may assign this Agreement without the prior consent of the other party which consent the City may not unreasonably withhold and provided further that no assignment shall be valid and binding that endeavors to relieve the assigning party of any obligations to make payments that accrued prior to the date of assignment or of which the assignee has not affirmatively agreed in writing to assume all obligations of the assignor thereunder Any dissolution merger consolidation or other reorganization of Company or the sale or other transfer of a controlling percentage of the Company shall be deemed a voluntary assignment The phrase controlling percentage means that ownership of and the right to vote stock possessing at least 51 of the total combined voting power of all classes of Companyscapital stock issued outstanding and entitled to vote for the election of directors Page 28 CC 04-21-20 445 of 548 122 Services by Affiliates Services under this Agreement may be provided by affiliates or subcontractors of Franchisee provided that 1 written permission is given for their use by City 2 any affiliate or subcontractor will be responsible for the performance of all the terms of the Agreement 3 the use of affiliates or subcontractors is limited to a temporary period not toexceedthirty 30 days unless otherwise agreed upon by the parties and 4 the company shall be responsible for the actions inactions or omissions of any subcontractor or affiliate under this Agreement ARTICLE XIII DISASTER OPERATIONS 131 Company Availability of Personnel and Equi ment In event of wartime natural physical or other disaster in or proximate to the City Limits resulting in the declaration of a State of Emergency by the City Manager or City Council Company shall make available to City at no cost to City all equipment vehicles and or personnel normally performing services under this Agreement for emergency operations conducted or directed by the City Disaster Operations Chief 132 Temporary Possession and Emplont City shall have the right to take temporary possession of all such vehicles and equipment made available by Company and to temporarily employ all such Company personnel as emergency operations forces of City under the direction and control ofthe City Disaster Operations Chief 133 Use of Additional Equipment Company may make available in addition to the vehicles equipment and personnel provided in Section 131 above equipment vehicles and personnel from those Company operations and resources not otherwise serving City pursuant to this Franchise to the extent necessary to conduct effective Solid Waste collection and removal services during any declared Sate of Emergency subject to the direction and control of the City Disaster Operations Chief Page 29 CC 04-21-20 446 of 548 134 Reimbursement City shall not be required to compensate Company in any manner or form for Companys provision of equipment vehicles or personnel normally performing services under this Agreement within the City Limits when made available during a declared State of Emergency When additional equipment vehicles or personnel are provided during such an emergency pursuant to Section 133 above City shall compensate Company for actual expenses incurred by Company in providing such equipment vehicles and or personnel upon submission by Company to City of detailed records of costs and expenses actually borne by Company and upon approval by the appropriate Federal agency of Citys reimbursement of expenses incurred by Company during such State of Emergency 135 Indemnity In the event of a declared State of Emergency during which City takes possession of and utilizes the equipment vehicles and or personnel of Company pursuant to this Article XIII City agrees to indemnify and defend Company and its officers directors agents and employees and hold such parties harmless against all actions suits liabilities costs and expenses including reasonable attorneys fees and costs of defense arising out of or related to Citys possession and operation of all Company equipment vehicles and facilities utilized by City of render services during any such State ofEmergency ARTICLE XIV MISCELLANEOUS TERMS AND CONDITIONS 141 Development Review Company shall provide City with the specific criteria by which development plans for residential and nonresidential units may be reviewed by City concerning the location of Solid Waste disposal containers and appropriate screening thereof Page 30 CC 04-21-20 447 of 548 142 Service Inspection by Cites To ensure that Company complies with the all applicable Government Regulations a representative of City may inspect Companys Franchise operations during the term of this Agreement upon the followingconditionsCitysrepresentativemaymakeinspectionsofCompanys equipment and facilities at any reasonable hour At Citys request and upon reasonable advance notice Company shall make designated personnel available to accompany City Inspectors 143 Subcontractor Company shall not subcontract all or any portion of its obligations under this Agreement without the written consent of the City Manager except as provided in Section 122 144 Law to Govern It is understood and agreed by the parties that the law of the State of California shall govern the rights obligations duties and liabilities of the parties to this Agreement and shall govern the interpretation of this Agreement 145 AttorneysFees In the event legal action is instituted to enforce this Agreement the prevailing party shall be entitled to recover reasonable attorneys fees and actual costs incurred in connection with such action 146 Entiretv The parties agree that this Agreement represents the full and entire agreement between the parties to this Agreement with respect to matters covered herein 147 Venue The parties agree that should any action whether real or asserted at law or in equity arise out of the terms and conditions of this Agreement venue for said action shall be in Santa Clara County California Page 31 CC 04-21-20 448 of 548 148 Savings Clause If any non material provisions of this Agreement shall for any reason be held to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement and this Agreement shall be enforced as if such invalid and unenforceable provision had not been contained herein 149 Section Headings The section and paragraph headings contained herein and the table of contents attached hereto are for convenience in reference and are not intended to define or limit the scope of any provision ofthis Agreement 1410 Amendment This agreement may be amended only by written agreement duly authorized and executed by the parties hereto Page 32 CC 04-21-20 449 of 548 ARTICLE XV PREVIOUS AGREEMENTS SUPERSEDED This Agreement supersedes that certain franchise agreement the Previous Franchise Agreement entered into between City and Cupertino GarbageCompanyCompanyspredecessorininterestforthecollectionremovaland transportation of Solid Waste produced generated and accumulated within the City Limits dated October 21 1991 and such previous Franchise Agreement shall terminate for all purposes effective as of the Commencement Date of this Agreement IN WITNESS WHEREOF the parties to this Agreement hereby indicate their acknowledgment and acceptance of the terms and conditions stated herein by executing his Agreement this 4th day of December 1995 CITY OF CUPERTINO a California municipal corporation BY 1 Mayor BY City Clerk Approve s to fo 7 y Attorney LOS ALTOS GARBAGE COMPANY INC a California corporation BY 1 C ItS inq tilGntif06 Page 33 CC 04-21-20 450 of 548 r ti LOS ALTOS GARBAGE FRANCHISE AGREEMENT AMENDMENT SECTION I m Section 112 of the Los Altos Garbage Company Franchise Agreement is hereby amended to read as follows Section 112 Debris Box Debris Box means any waste container used to collect andor accumulate without mechanical compaction any Solid Waste including but not limited to any construction and or demolition site debris and other similar materials CITY OF CUpERTINO City Manager LOS ALTOS G A CO Jo Zire Gen ral Manager ATTEST City Clerk CC 04-21-20 451 of 548 LOS ALTOS GARBAGE COMPANY FRANCHISE AGREEMENT SECOND AMENDMENT The following Sections of the Los Altos Garbage Company Franchise Agreement are hereby amended to read ARTICLE 1 DEFINITIONS Insert New Section 13 Bulky Wastes Bulky Wastes means individual items that weigh more than 50 pounds or are too large for one person to manage easily Bulky wastes include large furniture items such as couches and cabinets and appliances such as washers dryers and microwave ovens Bulky wastes also include refrigerators and air conditioners with Freon televisions sets and computer monitors for which a separate charge is applied to collection Renumber subsequent Sections under Definitions Replace Section 119 Recyclable Materials Recyclable Materials means those items designated in EXHIBIT C of this Agreement which are separated by residents and businesses from other discards for the purpose of returning them to economic use and set out for collection in an approved container 125 Standard Container Standard Container means any container provided by Company for storage and collection of solid waste recyclables or compostables including yardwaste A Residential Standard Container means plastic wheeled cart of approximately 32gallon 64 gallon or 96gallon capacity distributed by Company for use by residents A Commercial Container means plastic wheeled cart of approximately 32gallon 64gallon or 96gallon capacity or metal bins of from 1 to 6 cubic yard capacity approved by the City Manager and provided by Company for use by businesses for solid waste collection services ARTICLE II GENERAL CONDITIONS AND TERM OF FRANCHISE Section 29Notices If to Company Los Altos Garbage Company 650 Martin Avenue Santa Clara CA 95050 CC 04-21-20 452 of 548 ARTICLE III COMPANY SERVICES Replace Section 31c Curbside Rec cog Company shall provide residential Customers with appropriate Standard Containers into which such Customers may segregate and discard Recyclables Company shall collect and remove recyclables from such Containers weekly on the same day as Solid Wastes are collected Company shall collect extra recyclables set out next to the Standard recycling container if such recyclables are properly containerized Recyclable Materials included for collection are listed in Exhibit C Company and City shall work together to minimize the contamination of the recyclables set out for collection by residents The City shall promote recycling and discourage residents from including non recyclable items in with their recyclables Company shall instruct drivers to notify residents when the recyclables they set out are contaminated Section 31e OnCall Disposal Day Services Two times per year Franchisee will provide Oncall collection services to each Residential Service Recipient upon request Franchisee shall provide the services described in EXHIBIT D of this Agreement Franchisee shall handle all materials received in amanner that will allow the maximum amount to be recycled or otherwise diverted from landfill Section 31g Additional Services gl Mixed Recyclable Collection Company shall provide Mixed Recyclable collection removal and hauling services to commercial businesses Company shall charge for such services the rate provided in Exhibit B Approved Schedule of Rates Sorting fees associated with this service shall be the responsibility of Company g2 Commercial Cardboard Collection Company shall provide commercial cardboard collection removal and hauling services to commercial businesses Sorting fees associated with this service shall be the responsibility of Company g3 Yardwaste Collection Company shall provide each residential Customer a 96gallon wheeled Container into which Customers may segregate and discard Yardwaste Company shall collect and remove Yardwaste from such Containers weekly on the same day as Solid Wastes are collected Acceptable yard wastes materials are listed in Exhibit C g4 MultiFamilyHillsideRecycling Prop am Company shall provide a recycling program similar to that described in Section 31 c and g3 of this Agreement to certain multi family hillside and or difficult to service units subject to standards to be mutually agreed upon between the parties Delete g5 Residential Mixed Paper Collection Section 35 e delete first sentence 1 sl 1 1 111 r rrrsirs 44 Yjr a 1E Fiv 1 C 1 isrroroa a Company shall o restore CC 04-21-20 453 of 548 Replace Section 35 h Company shall collect large items including a White goods appliances which do not contain Freon b White goods appliances which contain Freon refrigerators and air conditioners c Computer monitors and television sets d Worn and damaged furniture and household furnishings such as carpet e Reusable undamaged household goods toys and textiles to be donated to a non profit service organization Company shall collect bulky items within one week of service request by resident Company shall charge for such services the rate provided in Exhibit B Approved Schedule of Rates Add Section 35 i Company shall reduce vehicle exhaust emissions by purchasing or modifying vehicle engines to run on biodiesel fuel or otherwise make changes to achieve comparable exhaust emission reductions Replace Section 36Standardized Containers Standardized Containers for residential service shall be wheeled plastic carts distributed by Company for use by residents Company shall distribute one container each for solid wastes recyclables and yardwaste to each residential Customer The solid waste containers shall be approximately 32gallon 64gallon or 96gallon capacity Solid waste carts shall be gray Recycling carts shall be 64gallon capacity Recycling carts shall be blue Yardwaste carts shall be 96gallon capacity Yardwaste carts shall be tan brown Standardized Containers for commercial businesses shall be either plastic wheeled carts of approximately 32gallon 64gallon or 96gallon capacity or metal bins of from 1 to 6 cubic yard capacity distributed by Company Company shall maintain repair and replace at Companysoption all Standardized Containers at no charge to the Customer Company may refuse to collect and remove solid wastes recyclables or yardwaste from any cart with a total weight of more than 150 pounds for the cart and included materials or if the cart is overflowing provided that Company informs Customers of the reasons for such refusal ARTICLE IV SERVICE RATES AND ADJUSTMENTS Add to end of Section 45 Future Rate Adjustments do not include any compensation adjustment for the provision of Standardized Containers to Customers or for loss in revenue received from the sale of Recyclable Materials CC 04-21-20 454 of 548 ARTICLE XIV MISCELLANEOUS TERMS AND CONDITIONS Add Section 1411 Additional Provisions Additional agreements and procedures relating to operations and costs are described in Exhibit E and incorporated by reference as part of this agreement IN WITNESS WHEREOF the parties to this Agreement hereby indicate their acknowledgement and acceptance of the terms and conditions stated herein by executing this Agreement this 1St day of November 2004 CITY OF CUPERTINO David W Knapp City Manager ATTEST v v Kimberly Smith C lerk LOS ALTOS GARBAGE COMPANY Manager CC 04-21-20 455 of 548 Add Adjustments for Dama es EXHIBIT A LIQUIDATED DAMAGES City shall charge the Franchisee any costs City incurs for the Franchisees failure to collect wastes divert materials to be in compliance with State and Federal Regulations and operate equipment properly or the costs of responding to complaints and problems and other costs relating to failure of the Franchisee to comply with all other aspects of this Agreement City and Franchisee agree that the following liquidated damage amounts represent a reasonable estimate of the amount of such damages including the relationship ofthe sums to the range of harm to City that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or inconvenient Franchisee agrees to pay liquidated damages not as a penalty as set forth below For each failure over six 6 in any 12 consecutive month period to commence service to a new Service Recipient within seven 7 days of request For each failure to provide Recyclables Containers to a new Service Recipient within seven 7 days of request For each failure over twelve 12 in any 12 consecutive month period to collect a Solid Waste Recyclables or Yard Trimmings which had been properly setout for collection For each failure over twelve 12 in any 12 consecutive month period to collect a missed setout within 1 working day For each occurrence of collection during unauthorized hours starting early or finishing late For each occurrence over twelve 12 in any 12 consecutive month period of leaving litter from a collection vehicle in a public street For each calendar day a Required Report is incomplete inaccurate or late For each occurrence of other similar incidents not corrected within two 2 working days Damages will start at 2500 per incident and may increase at sole discretion of City in increments of up to 50 to amaximum of 500 per incident for repeated failure to perform any one condition as specified in the Agreement Prior to assessing any liquidated damages City shall give Franchisee written notice of its intention to do so The notice will include a brief description of the incidents and issues ofnonperformance Within ten 10 days of notification by City Franchisee may submit awritten appeal of the assessment of liquidated damages to City with an explanation of why the damages should not be assessed The decision of the City Manager shall be final Franchisee shall pay any liquidated damages within thirty 30 calendar days after they are assessed Payment of liquidated damages will in no way be a waiver of Citys authority to terminate this Agreement Exhibit A 1 CC 04-21-20 456 of 548 EXHIBIT B 14 CITY OF CUPERTINO RATES effective August 1 2004 Rate SINGLE FAMILY monthly rate 04OS Front 1 can 1788 Front 2 cans 3576 Front 3 cans 5364 Front ea additional can 1788 Back 1 can 2748 Back 2 cans 5496 Back 3 cans 8244 Back ea additional can 2748 ffiLLSIDE monthly rate Roadside 1 can 2956 Roadside 2 cans 5912 Roadside 3 cans 8868 Roadside ea additional can 2956 DUPLEXMULTIPLE UNITS YARDWASTE EXEMPT monthly rate Front 1 can 1512 Front 2 cans 3024 Front 3 cans 4536 Front ea additional can 1512 Back 1 can 2338 Back 2 cans 4676 Back 3 cans 7014 Back ea additional can 2338 SENIOR CITIZENS monthly rate FrontyardBackyard 1 can 894 Exempt no yardwaste 1 can 758 Hillside 1 can 1479 ADDITIONAL CHARGES Extra Bag Tag 520 10 Bag Tags 4947 Extra Can 1time 896 Waste Wheeler rental 300 Additional Yard Waste Toter 616 24 HR CONTAINER SERVICE Bin By The Day 4 yd 11563 6 yd 14161 7 yd 15460 CC 04-21-20 457 of 548 CITY OF CUPERTINO RATES effective August 1 2004 Rate 0405 COMPACTOR RATE per cubic yard includes hauling 2947 COMPACTOR RATE MIXED RECYCLABLE Hauling only 27396 Per ton 4361 ROLLOFF SERVICE DEBRIS BOX Rock Box 6 tons 54665 7 tons 61191 8 tons 67717 ea additional ton 6526 16 CY Container 3 tons 35089 4 tons 41615 5 tons 48141 ea additional ton 6526 26 CY Container 4 tons 53694 5 tons 60220 6 tons 66746 ea additional ton 6526 30 CY Container 5 tons 63488 6 tons 70014 7 tons 76540 ea additional ton 6526 40 CY Container 6 tons 67727 7 tons 74253 8 tons 80779 ea additional ton 6526 Weekly rental fee beyond normal days 10605 24 CC 04-21-20 458 of 548 CITY OF CUPERTINO RATES effective August 1 2004 monthly rates Rate COMMERCIAL FRONT LOADER CONTAINERS 04OS 112CY Container lx week service 10429 2x 20858 3x 31288 4x 41717 Sx 52147 6x 62574 Extra pickup 3278 2 CY Container lx week service 12516 2x 25029 3x 37546 4x 50059 Sx 62574 6x 75089 Extra pickup 4094 3 CY Container lx week service 16686 2x 33373 3x 50059 4x 66748 Sx 83433 6x 100119 Extra pickup 4479 4 CY Container lx week service 20858 2x 41717 3x 62574 4x 83433 Sx 104292 6x 125149 Extra pickup 5584 6 CY Container lx week service 29202 2x 58403 3x 87605 4x 116805 Sx 146009 6x 175210 Extra pickup 7772 8 CY Container lx week service 37546 2x 75089 3x 112636 4x 150179 Sx 187724 6x 225268 Extra pickup 10051 34 CC 04-21-20 459 of 548 CITY OF CUPERTINO RATES effective August 1 2004 monthly rates COMMERCIAL FRONT LOADER CONTAINERS continued Pushout lx week service 2x 3x 4x Sx 6x Key Service COMMERCIAL CAN RATE Per can pickup 32 gal Can 3x rate for wastewheeler 96 gal SPECIAL SERVICES Steam cleaning redelivery andor furnishing chains one time only REAR LOADER SERVICE Rate 04OS 3671 7364 11024 14707 18387 22076 4088 1657 7038 Manure 1 CY lx week service 16127 2x 33851 3x 51589 4x 69320 Sx 87072 Extra pickup 6621 BULKY GOODS First item 2500 Each additional item including TVs and Freoncontaining items 1500 LATE CHARGE FEE 12per month delinquent not compounded applies to all rates 44 CC 04-21-20 460 of 548 Add EXHIBIT C LIST OF RECYCLABLE MATERIALS Recyclable Materials include but are not limited to the following Glass Bottles and jars only empty and rinsed Any color glass is okay Lids and caps are okay Bottles Beverage containers Jars Metal Containers empty and rinsed Lids and caps are okay Aluminum foil clean Aluminum pie pans Beverage cans Food cans Pet food cans Scrap metal less than 40 pounds Aerosol cans food related emptied of gas liquid Metal pots and pans Plastic Empty and rinse Lids and caps are okay Bags must be bundled together inside another plastic bag Buckets without handles Containers like soda water and juice bottles labeled 1 7 only Foam egg cartons Flower pots no dirt Household cleaning containers Milk jugs Large foam blocks in a clear plastic bag Shrink wrap Drink Boxes Juice Boxes Milk Cartons Soy Milk Boxes Other Household drycell batteries alkaline non mercury nickel cadmium nickel iron nickel metal hydride carbon zinc Paper Clean and dry with no food matter Flatten boxes Shredded paper must be in a paper or clear plastic bag Staples tape envelope windows are okay Books paperback Boxes packages Cardboard cut to fit loosely in cart or cut to 3 x 3 or smaller pieces and placed in between carts Catalogs Cereal boxes cracker boxes gift boxes Colored paper Computer paper Coupons Envelopes Gift wrap nonmetallic only Juice boxes Magazines Milk and cream cartons Newspaper and inserts Office paper Paper bags Shredded paper in a paper bag or clear plastic bag Telephone books Tissue paper gift type Unsolicited mail Automotive Products Motor Oil Oil Filters Yardwaste Brown Cart Branches Flowers Grass clippings Holiday trees tinselfree Leaves Shrubs small Twigs Weeds Exhibit C 1 CC 04-21-20 461 of 548 Recyclable Materials do not include Glass Plate Glass mirrors light bulbs ceramics dishware Metal Propane tanks and cylinders clothes hangers wire auto parts Plastic Containers not labeled 17 packing peanuts bubble wrap plastic wrap plastic utensils garden hoses plastic toys PVC or other plastic pipe Paper Pizza boxes or other food contaminated paper products paper plates napkins paper towels or facial tissues Yard Waste Tree trunks or stumps painted trees fruits and vegetables ice plant cactus poison ivy palm fronds bug moth or antinfested material pressure treated wood dirt rock concrete sod ashes asphalt or building materials trash or other garbage Recyclable Materials must fit within the wheeled cart with the lid closed Additional recyclables may be placed next to the cart in proper containers Exhibit C 2 CC 04-21-20 462 of 548 Add EXHIBIT D ONCALL DISPOSAL OR RECYCLING DAYS Customers may choose either 2 garbage disposal days or 2 yardwastewoodwaste recycling days or 1 garbage disposal day and 1 yardwastewoodwaste recycling day This service is provided for Cupertino residents with can garbage service There is no separate charge Call for an appointment We need a minimum of 48 hours notice Oncall disposal or recycling days will be scheduled on your normal collection day All items must fit within an 8 ftlong 4 ftwide and 4 fthigh area placed curbside by 6 am Single items bags bundles or boxes cant weigh more than SO lbs each and must be manageable by one person Unused OnCall disposal or recycling days are not transferable to the next calendar year Disposal Pickup Restrictions Loose items must be bagged boxed or bundled Small amounts of dirt rock concrete asphalt brick and the are OK if boxed The total amount of this type of material cannot weigh more than 2501bs eg 250 lbs could be contained in five 501b boxes Tip concrete weighs 1501bscubic ft No furniture or appliances over SO lbs and manageable by one person No car parts with oil or diesel residue No appliances with Freon such as refrigerators and air conditioners No hazardous waste No TVs or computer monitors YardwasteWoodwaste Recycling Pickup Restrictions Bundled piles must not exceed 6feet in length and not weigh more than 50 pounds each No plastic bags allowed Yardwaste restrictions No palm fronds stumps ice plant poison oak cactus fruit vegetables orbuginfested materials Branches cant be larger than 6 in diameter and 6 ft long No loose pilestie branches with string or box trimmings so they can be easily picked up Woodwaste restrictions Scrap wood cannot be painted varnished stained or chemically treated Lumber maximum length 6 ft must be stacked neatly Wood scraps must be boxed or bundled Exhibit D 1 CC 04-21-20 463 of 548 Add EXHIBIT E ADDITIONAL PROVISIONS 1 The City is not responsible for any costs associated with retrofitting singlestream residential recycling trucks to meet ARB rules for diesel particulate emissions 2 Los Altos Garbage will retain all cardboard revenue to offset annual cart replacement and maintenance The City had previously agreed to pay half these costs projected to be 32000 annually Historically the City has received an approximately equal amount in cardboard revenue annually Any loss in revenue to LAGCO due to reductions in garbage service levels can migration as a result of the expanded recycling program will be adjusted at the end of a 12monthperiod commencing the first day of delivery of recycling carts This is a one time only adjustment LAGCO will provide to the City accurate service level records on February 1 2005 August 1 2005 and February 1 2006 4 The City is responsible for costs associated with promoting the program LAGCO will at its own expense prepare and distribute one newsletter per year in lieu of an annual calendar to the promotion of the new program 5 The costs of the carts delivery and assembly as shown on the proposal dated Sept 24 2003 will be reimbursed to LAGCO by the City within 30 days of completion of delivery of carts to all residents 6 The City will reimburse LAGCO on a monthly basis for items mutually agreed to in the proposal dated Sept 24 2003 The monthly costs will be based on an annual cost of 292311 Costs for payroll and truck and garage will be subject to an annual COLA Cart rental revenue loss and recycling revenue loss are not subject to the COLA 7 LAGCO will collect as part of the weekly service from residents all household drycell batteries including alkaline nickel cadmium nickel iron nickel metal hydride and carbon zinc placed in clear zip lock bags The City will pay the cost for recycling of the batteries City will reimburse LAGCO on a quarterly basis in an amount not to exceed 25000 annually based on invoices submitted by LAGCO LAGCO plans to collect batteries on the same truck as the garbage 8 Bulky item rate City to set the rate and compensate LAGCO for the difference The proposed rate is 25 for the first item and 15 for each additional item plus an additional 15 for each item containing Freon and 15 for each TV Exhibit E 1 CC 04-21-20 464 of 548 FIRST AMENDMENT TO FRANCHISE AGREEMENT BETWEEN THE CITY OF CUPERTINO AND RECOLOGY CUPERTINO FOR COLLECTION AND PROCESSING OF RECYCLABLE AND COMPOSTABLE MATERIALS, AND THE COLLECTION AND DISPOSAL OF GARBAGE This First Amendment to the Franchise Agreement between the City of Cupertino and Recology Cupertino for Collection and Processing of Recyclable and Compostable Materials, and the Collection of Disposal of Garbage ("First Amendment"), for reference dated September 2, 2014, is by and between the CITY OF CUPERTINO, a municipal corporation ("CITY") and Recology Cupertino, a California corporation, ("Franchisee"), and is made with reference to the following: RECITALS: A. On May 18, 2010, a Franchise Agreement for Collection and Processing of Recyclable and Compostable Materials, and the Collection and Disposal of Garbage was entered into by and between CITY and Franchisee ("Agreement"). B. CITY and Franchisee desire to modify the Agreement as set forth in detail below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Article 2 -Term of Agreement, Sections 2.1 and 2.2 are modified and a new Section 2.3 is added to read as follows: 2.1 Term -The term of this Agreement shall be for eight years and three months, from 12:00 A.M. on November 1, 2010 to 11:59 P.M. on January 31, 2019, inclusive, subject to Article 16 of this Agreement. 2.2 Option to Negotiate New Agreement --Franchisee shall have the option to negotiate a new ten year agreement that may begin as early as 12:00 A.M. on Januaiy 31, 2017 and end at 11:59 P.M. on January 31, 2027 if it has: First Amendment to Recology Franchise Agreen1ent August 26, 2014 Page 1 of15 CC 04-21-20 465 of 548 2.2.1 Achieved a sixty percent (60%) commercial and multi-family diversion rate by November 1, 2016 (as calculated in Exhibit H); and achieved a minimum seventy-five percent (75%) diversion rate under the terms of this Agreement for calendar year 2015, based on CalRecycle' s diversion rate equivalent (DRE) for both residential and commercial sectors (as calculated in Exhibit H). CalRecycle' s calculation of the City's DRE for 2015 should be available by November 1, 2016, after submittal of the City's annual report data in August 2016, and; 2.2.2 Cooperatively and proactively worked with City to develop programs to increase diversion, reduce contamination and provide all food service establishments (grocers, restaurants, hotels, high tech companies with large cafeterias etc.) generating four (4) cubic yards or more of total waste per week with bins and collection service for organics composting by January 1, 2016 and; 2.2.3 Cooperatively and proactively worked with City in connection with limited rate increase requests for residential and non- residential services so that the cost of organics processing to the City, subject to Article 12 of this Agreement, incorporates efficiencies identified in City directed and paid audits and; 2.2.4 Notified City of its intent to exercise this option in writing, on or before September 31, 2016. 2.3 City's Right to Extend or Negotiate New Agreement -In response to Franchisee's exercise of the above option, City, at its sole discretion, may choose to extend, or not extend, the Term of this Agreement, or negotiate a new agreement, and shall notify Franchisee of its intent within sixty (60) days of the Franchisee's request for an option to negotiate an extension or new agreement. 2. Article 4 -Collection Services, Sections 4.3.3, 4.4.2, 4.4.3, 4.4.5, 4.4.6., 4.4.7, 4.71, 4.8.1, 4.8.2, 4.8.3, 4.9.1, 4.9.2, 4.9.3, 4.11, and 4.17, are modified, and Page 2of15 First Amendment to Recology Franchise Agreement August 26, 2014 CC 04-21-20 466 of 548 new Sections 4.4.4 and 4.5.6 are added to read as follows: 4.3.3 Recyclable Materials Overages (Residential) -Franchisee shall collect all Recyclable Materials properly prepared and set out for collection by the Service Recipient each week. Service Recipient may set flattened and bundled cardboard boxes, which are too large to fit in the Recyclable Materials Container, next to the container, provided they do not exceed 3 feet by 3 feet and are securely tied together. Franchisee shall collect such cardboard boxes on the day Franchisee collects Recyclable Materials from the Service Recipient. Franchisee shall have no obligation to collect Recyclable Materials Overages where Recyclable Materials are not set out in Recyclable Materials Containers, or if cardboard boxes are not set out as provided above or where the combined weight of the Recyclable Materials and cardboard exceeds sixty (60) pounds. At no additional charge and pursuant to Section 4.3.2, Franchisee shall provide a sufficient number of additional Recyclable Materials Containers to Service Recipients to accommodate all recyclables regularly generated. If Service Recipients regularly generate more Recyclable Materials than will fit in their Recyclable Materials Containers, Frandtisee will contact Service Recipient within two (2) working days of the observation to encourage Service Recipients to request additional containers. Frandlisee will contact City within two (2) working days if Service Recipient declines an additional Recyclable Materials Container. Franchisee shall deliver to Service Recipient or City requested additional Recyclable Materials Containers within five (5) Working Days of the request. 4.4.2 Compostable Materials Containers (Residential) -Franchisee shall provide a new or refurbished Compostable Materials Container at no additional charge to each Residential Service Recipient that does not already have one. These Compostable Materials Containers shall be delivered by Franchisee within five (5) working days of Request by the Residential Service Recipient. First Amendment to Recology Franchise Agreement August 26, 2014 Page 3of15 CC 04-21-20 467 of 548 Compostable Materials Containers removed by the Franchisee by mistake, for repair and replacement, or cleaning shall be replaced by Franchisee within five (5) working days of their removal. Franchisee shall provide to all "Yard Waste Exempt" accounts either a 20- gallon or 32-gallon Compostable Materials Container at no additional charge to the Service Recipient. By November 2014, Franchisee will place graphics-based organic/food scrap stickers on all residential organic carts to promote diversion of compostable material. Compostable Materials Containers provided by Franchisee shall be labeled for "Compost" and "Property of the City of Cupertino" and shall not be marked with the Franchisee's name or logo. All Compostable Materials Containers provided by Franchisee to Residential Service Recipients pursuant to this Agreement shall become the property of the City at the termination of this Agreement. Compostable Materials shall be collected from Franchisee supplied Compostable Materials Containers. The combined weight of the container and the Compostable Materials shall not exceed one hundred fifty (150) pounds. Compostable Materials Containers must be placed for collection adjacent to the Recyclable or Garbage Containers by the Residential Service Recipient. To promote maximum diversion, Franchisee shall deliver additional Compostable Materials Containers within five (5) Working Days from the date of the Residential Service Recipient's or the City's request. At no additional charge and pursuant to this Section, 4.4.2, Franchisee shall provide a sufficient number of additional Compostable Materials Containers to accommodate all compostable materials regularly generated. 4.4.3 Non-Collection -Franchisee shall not be required to collect any Compostable Materials that are not set out on a public street or other accessible location, in accordance with the Mtmicipal Code, or in conformance with Section 4.4.2 of this Agreement. If the Compostable Materials are too contaminated to process, Franchisee shall leave a Contamination Notice and collect the material as Garbage. , Loads First Amendment to Recology Franchise Agreement August 26, 2014 Page 4of15 CC 04-21-20 468 of 548 collected as Compostable Materials shall not be landfilled or rejected at the processing facility. Only residue from processing Compostable Materials may be landfilled. 4.4.4 Compostable Materials Overages (Residential) -At no additional charge and pursuant to Section 4.4.2, Franchisee shall provide a sufficient number of additional Compostable Materials Containers to residential Service Recipients to accommodate all compostables regularly generated. If residential Service Recipients regularly overflow their Compostable Materials Containers, Franchisee will contact residential Service Recipient within two (2) working days of the observation to encourage residential Service Recipients to request additional containers. Franchisee will contact City within two (2) working days if residential Service Recipient declines an additional Compostable Materials Container. Franchisee shall deliver to residential Service Recipient or City requested additional Compostable Materials Containers within five (5) Working Days of the request. 4.4.5 Christmas Tree Collection -As part of the Compostable Materials Collection Program, Franchisee shall collect, on the normal Compostable Materials Collection schedule, all unornamented Christmas trees which are set out next to the Compostable Materials Containers in the first twenty-eight (28) calendar days following December 26 of each year for the term of this Agreement. Franchisee shall not be required to collect ornamented trees, nor shall Franchisee be required to collect trees, or parts of trees, which are over six (6) feet in length. 4.4.6 Home Compost Bins -To reduce the amount of Compostable Materials requiring collection and processing, Franchisee shall offer four (4) 1-hour back-yard composting classes per year for Cupertino residents, at dates and locations selected by City. Franchisee shall offer a free SOILSA VER backyard com poster to each household that attends a composting class. Residents who attend the class may have the com poster delivered to their house free of charge by Franchisee within five (5) Working Days of the class. First Amendment to Recology Franchise Agreement August 26, 2014 Page 5of15 CC 04-21-20 469 of 548 Franchisee shall, during the term of this Agreement, be entitled to reimbursement from City for the actual cost of each bin delivered to households (not to exceed $100 per bin). 4.4. 7 Yard Waste Exempt Properties -Property owners that can demonstrate that they have no yard waste to dispose of may request an exemption from the fees related to the collection of compostable materials, as listed in EXHIBIT B. Per Section 4.4.2, Franchisee shall provide to all "Yard Waste Exempt" accounts either a 20-gallon or 32-gallon Compostable Materials Container at no additional charge to the Service Recipient. 4.5.6 -Litter Prevention-Franchisee will partner with the City in the Zero Litter Initiative (ZLI) and assist the City as provided herein in preventing violations of the City's Litter Prevention and Enforcement ordinance (Cupertino Municipal Code Section 9.18.215). Franchisee will report any Garbage Container, Recyclable Materials Container, or Compostable Materials Container overflows to the City within one (1) Working Day of the observation to ensure a timely response by City to a litter discharge. If Service Recipients regularly overflow their Garbage, Recyclable Materials, or Compostable Materials Container, Franchisee will contact Service Recipient within two (2) working days of the observation to encourage increased service and to provide education and proper use of provided Containers. City staff will contact the Residential Service Recipient to inform them about the City's Municipal Code requirement to contain Garbage, Recyclable Materials and Compostable Materials in the designated Container with the lid closed to prevent litter. 4.7.1 Frequency of Collection --Franchisee shall provide appropriate Garbage Containers to each Non-Residential Service Recipient based on the level of service for which the Non-Residential Service Recipient has subscribed. Franchisee shall collect Garbage from each Non-Residential Garbage Container at least once-per-week and as often as subscribed for by the Non-Residential Service Recipient. Collection shall be made from Non-Residential Garbage Containers placed at an accessible point of service selected by the Service Recipient. If a Non-Residential Service Recipient has not subscribed for sufficient service to prevent overages on a normal basis, Franchisee shall notify the Page 6of15 First Amendment to Recology Franchise Agreement August 26, 2014 CC 04-21-20 470 of 548 Non-Residential Service Recipient within two (2) Working Days to encourage them to increase service. If the Non-Residential Service Recipient does not increase service to provide sufficient service to prevent overages on a normal basis, Franchisee shall notify the City's Representative within two (2) Working Days, and provide details of the contact to request the Service Recipient to increase service. Franchisee will partner with the City in the Zero Litter Initiative (ZLI) and assist the City in preventing violations of the City's Litter Prevention and Enforcement ordinance (Cupertino Municipal Code 9.18.215). Franchisee will report any Non-Residential Garbage Container, Recycling Materials Container or Compostable Materials Container overflows to the City within one (1) Working Day of the observation to ensure a timely response by City to a litter discharge. 4.8.1 Frequency of Collection (Non-Residential Recyclable) --Franchisee shall provide Recyclable Materials collection services at no additional cost to all Service Recipients that subscribe for Non-Residential Garbage service. franchisee shall collect all Recyclable Materials listed in EXH!BlT A from each Non-Residential Service Recipient as often as necessary to minimize overages. To encourage diversion, Franchisee shall match or exceed volume and frequency of Recyclable Materials collection service to each Non-Residential Service Recipient as compared to Garbage collection service subscribed for by such Non-Residential Service Recipient. If Service Recipients decline Recyclable Materials Collection service, Franchisee will notify City within two (2) Working Days. Franchisee shall add collection routes and days, including weekends, if necessary to adequately provide collection service to all Service Recipients in accordance with this Agreement. 4.8.2 Non-Residential Recyclable Materials Overages -In the event a Non-Residential Service Recipient has a greater quantity of Recyclable Materials than can normally be contained in the appropriate containers provided by Franchisee, Franchisee shall provide the Service Recipient, at Franchisee's own cost and expense, additional containers or more First Amendment to Recology Franchise Agreement August 26, 2014 Page 7of15 CC 04-21-20 471 of 548 frequent collection service from among the range of service options listed on EXHIBIT B. At no additional charge and pursuant to Section 4.3.2, Franchisee shall provide a sufficient number of additional Recyclable Materials Containers to Service Recipients to accommodate all recyclables regularly generated. If Service Recipients regularly overflow their Recyclable Materials Containers, Franchisee will contact Service Recipient within two (2) working days of the observation to encourage Service Recipients to request additional containers. Franchisee will contact City within two (2) working days if Service Recipient declines an additional Recyclable Materials Container. Franchisee shall deliver Service Recipient or City requested additional Recyclable Materials Containers within five (5) Working Days of the request. 4.8.3 Non-Collection -Franchisee shall not be required to collect any Recyclable Materials that are not placed in Recyclable Materials Containers by Non-Residential Service Recipients. Franchisee shall report to the City all loads of contaminated recyclable materials generated by a Non-Residential Service Recipient within two (2) working days of the driver observing the contaminated load. The City will contact the Service Recipient and work with the Service Recipient to prevent further contaminated loads by providing education and assistance to the Non- Residential Service Recipient. Significantly contaminated loads may be processed as Garbage. 4.9.1 Frequency of Collection (Non-Residential Compostable Materials) - Franchisee shall provide Compostable Materials collection services to all Non-Residential Service Recipients that do not decline tl-1is service. Franchisee will notify City within two (2) Working Days if a Non- Residential Service Recipient declines Compostable Materials service. Franchisee shall be entitled to charge Non-Residential Service Recipients that subscribe for Compostable Materials collection services not more than the rate charged for an equivalent level of Garbage service, as set forth in EXHIBITB. Franchisee shall contact Non-Residential Service Recipients tlwt subscribe for Garbage service and discard significant quantities of Compostable Page 8of15 First Amendinent to Recology Franchise Agreement August 26, 2014 CC 04-21-20 472 of 548 Materials (including, but not limited to, restaurants, businesses with large employee cafeterias, markets and grocery stores, delis and sandwich shops, and florists) and enroll them in the Compo stable Materials collection program by providing them an appropriate collection container and reducing their Garbage service level. Franchisee shall ensure that the total cost to such Service Recipients of Garbage service and Compostable Materials service combined will not increase due to the substitution of Compostable Materials capacity for Garbage capacity, so long as the Service Recipient does not increase the total amount of materials discarded. Franchisee will assist the Service Recipient in subscribing for appropriate container volumes and frequency of collection so that the Service Recipient is adequately served given the space available. Franchisee shall add collection routes and days, including weekends, to adequately provide collection service to all Service Recipients impacted by lack of space for additional containers. Franchisee shall provide Compostable Materials Containers to each Non- Residential Service Recipient in accordance with the service level subscribed for by the Non-Residential Service Recipient. Franchisee shall collect Compostable Materials from each Non-Residential Compostable Materials Container as often as subscribed for by the Non-Residential Service Recipient. 4.9.2 Compostable Materials Overages -If a Non-Residential Service Recipient has not subscribed for sufficient service to prevent overages on a normal basis, Franchisee shall notify the Non-Residential Service Recipient and the City. At no additional charge, Franchisee shall provide a sufficient number of additional Compostable Materials Containers to Service Recipients to accommodate all compostables regularly generated. If Service Recipients regularly overflow their Compostable Materials Containers, Franchisee will contact Service Recipient within two (2) working days of the observation to encourage Service Recipients to request additional containers. Franchisee will contact City within two (2) working days if First An1endment to Recology Franchise Agreement August 26, 2014 Page 9of15 CC 04-21-20 473 of 548 Service Recipient declines an additional Compostable Materials Container. Franchisee shall deliver Service Recipient or City requested additional Compostable Materials Containers within five (5) Working Days of the request. Franchisee shall ensure that the total cost to such Service Recipients of Garbage service and Compostable Materials service combined will not increase due to the substitution of Compostable Materials capacity for Garbage capacity, so long as the Service Recipient does not increase the total amount of materials discarded. 4.9.3 Non-Collection -Franchisee shall not be required to collect any Compostable Materials that are not placed in Compostable Materials Containers. Franchisee shall report to the City all loads of contaminated compostable materials generated by a Non-Residential Service Recipient within two (2) working days of the driver or processor observing the contaminated load. The City will contact the Service Recipient and work with the Franchisee and the Service Recipient to prevent further contaminated loads by providing education and assistance to the Service Recipient. Contaminated loads may be processed as Garbage. 4.11 City-Wide Recycling Events -Four (4) times each year, on a schedule and at locations mutually agreed upon by Franchisee and City, Franchisee will provide a city-wide recycling event for residents of City. Franchisee shall provide sufficient equipment to collect and remove from the agreed- upon locations all acceptable wastes delivered by residents. Franchisee shall handle all materials received in a manner that will ensure the maximum amount practicable of materials will be recycled, composted or otherwise diverted from landfill. Franchisee shall provide such city- wide recycling events in accordance with EXHIBIT D of this Agreement. 4.17 Household Hazardous Waste Collection -On behalf of City, Franchisee shall continue the existing agreement with a third party (the "Household Hazardous Waste Collector") to provide a Household Hazardous Waste Program. The HHW Collector shall be responsible for all aspects of the HHW Program. Under no circumstances shall Franchisee be required to collect household hazardous waste, except as specifically provided elsewhere in this Agreement. Page 10 of 15 First Amendment to Recology Franchise Agreement August 26, 2014 CC 04-21-20 474 of 548 The HHW Collector shall be Waste Management (f/k/a Curbside Inc.). The specifications of the HHW Program offered by Waste Management are set forth in EXHIBIT I. The City may terminate the HHW Program at any time upon ninety (90) days prior written notice to Franchisee. Franchisee may replace the HHW Collector at any time with a new HHW Collector reasonably acceptable to City. The HHW Program shall be funded by means of the Household Hazardous Waste Fee, which shall be approved by City, collected from Residential Service Recipients by Franchisee, and remitted to the HHW Collector. Franchisee may terminate the HHW Program and its agreement with the HHW Collector if at any time City does not approve the Household Hazardous Waste Fee required to fund the HHW Program. 3. Article 6 -Collection Equipment Section 6.1.1, is modified to read as follows: 6.1.1 General Provisions -All collection equipment used by Franchisee in the performance of this Agreement shall be of high quality. The vehicles shall be designed and operated so as to prevent Recyclable Materials, Compostable Materials, Garbage, Litter and any other materials from escaping from the vehicles. The vehicles shall be designed and operated to minimize any negative environmental impacts caused by their operation, especially air quality impacts. Franchisee shall replace at least one (1) diesel powered collection vehicle in the first month of each calendar year with a new compressed national gas (CNG) collection vehicle. The first replacement CNG vehicle shall be utilized beginning January 2015. All new collection vehicles shall include the best available shielding technology to prevent litter during normal collection and transportation operations. First Amendment to Recology Franchise Agreement August 26, 2014 Page 11of15 CC 04-21-20 475 of 548 4. Article 12 -Franchisee's Compensation Collection Equipment, Section 12.4, is modified to read as follows: 12.4 Rate Request for Compostable Materials Processing -Franchisee may propose a rate adjustment for Non-Residential Service Recipients if necessary to cover any increased cost of processing collected commercial Compostable Materials. However, the City retains the right to approve, disapprove or modify any such rate proposal. Franchisee's report will include revenue collected as a result of this exclusive Franchise Agreement and all costs associated with processing of Compostable Materials at the South Valley Organics facility. Franchisee's report will include revenue collected as a result of this exclusive Franchise Agreement and all costs associated with processing of Compostable Materials at the South Valley Organics facility. Increases in revenues to Franchisee from sale of Recyclable Materials (above the revenues from the first year of this Agreement) and from sale of products produced from Compostable Materials Processing shall be used to partially offset the increases in Compostable Materials Processing costs identified in subsequent years. To evaluate any such changes in cost, the City will direct and pay for an audit to establish year 2010 and year 2014 Frandtisee's cost and revenue. The audit will include, but will not necessarily be limited to, quantifying increased cost of processing commercial organics, if any; quantifying revenue collected as a result of this exclusive Franchise Agreement; and itemizing costs associated with processing of Compostable Materials at the South Valley Organics facility. Franchisee will provide the City with annual reports (by March 2 each year, for the period of January 1 through December 31 of that year) using the same metrics as used in the City's audit, and showing Franchisee's actual costs to process Compostable Materials. Franchisee will assist and accommodate City directed and paid audits as necessary to determine any incremental rate increases that may be necessary to fund the Compostable Materials processing services. After providing actual costs and projections, Franchisee may prepare a written request for a rate increase for the City Council's consideration. Increases in revenues to Franchisee First Amendment to Recology Franchise Agreement August 26, 2014 Page 12 of15 CC 04-21-20 476 of 548 from sale of Recyclable Materials and from sale of products produced from Compostable Materials shall be used to offset the increases in Compostable Materials Processing costs. If Franchisee does not request a rate increase within ninety (90) calendar days of the contract year, in any given year of this Agreement, Franchisee waives any claim for compensation for that year in subsequent years. The City retains the right to approve, disapprove or modify any rate increase proposal. Franchisee waives any claim for any additional compensation or other damages, known or unknown, under the Agreement for services performed prior to November 1, 2014. Franchisee waives the provisions of Civil Code section 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." 5. Article 17 -General Provisions, Section 17.22, is modified to read as follows: 17.22 Entirety: Agreement and Exhibits -The Agreement dated May 18, 2010 and this First Amendment represent the entire Agreement of City and Franchisee with respect to the services to be provided under the Agreement and supersedes and merges all prior written and oral statements, proposals, representations and agreements between the parties. The May 18, 2010 Exhibits A, C, D, E, F, I, J & K and amended September 2, 2014 Exhibits B, G & H are hereby incorporated into this Agreement and made a part of this Agreement as though fully set forth herein. First Amendment to Recology Franchise Agreement August 26, 2014 Page 13 of15 CC 04-21-20 477 of 548 6. Exhibits -Exhibits B, G, and H, amended dated September 2, 2014 (attached) hereby replace Exhibits B, G, and H to the Agreement. Any reference to the following Exhibits in the Agreement or Amendment refers to the Exhibit amended dated September 2, 2014: Exhibit B -Schedule of Approved Maximum Rates Exhibit G -Reporting Requirements Exhibit H -Diversion Goals 7. 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. Page 14of15 First Amend1nent to Recology Franchise Agreement August 26, 2014 CC 04-21-20 478 of 548 IN WITNESS WHEREOF, the parties hereto have caused this amendment of Agreement to be executed. Recology Cupertino Title___,,""--""e.,,,l!..ft.-Vt)'=="'----'\"------'~'-----'---~·~~~-= Date_~~\_..,,,Z=4___.._\~\ c--j_.____ CITY OF CUPERTINO · 1pa Corporation B p-/ ;(__ y__,_L_ ________ _ City Manager, David Brandt By+-7-"'""~""'---'<;;l-v----~ City ttomey, Carol Korade v \J ATTEST: By &keaL~ ,;cl City Clerk, Grace Schmidt 1' -.:t_ er~( y Page 15of15 First Amendment to Recology Franchise Agreement August 26, 2014 CC 04-21-20 479 of 548 EXHIBIT B: Amended September 2, 2014 SCHEDULE OF APPROVED MAXIMUM RATES Recology Maximum Rates for the City of Cupertino Effective November 1, 2014 B.1. RESIDENTIAL SERVICE Service Description SINGLE FAMILY (Monthly Rate): Curbside Curbside Curbside Curbside Walk-up Walk-up Walk-up Walk-up HILLSIDE (Monthly Rate): Roadside Roadside Roadside Roadside I 32-gallon cart I 64-gallon cart 1 96-gallon cart Each Additional Cart 1 32-gallon cart 1 64-gallon catt 1 96-gallon catt Each Additional Cart Additional Organics/YW Cart 1 32-g~llon cart 1 64-gaJlon cart 1 96-gallon cart Each Additional Cart DUPLEX/MULTIPLE UNITS & YARDWASTE EXEMPT (Monthly Rate) Front 1 32-gallon cart Front 1 64-gallon cart Front 1 96-gallon cart Front Each Additional Cart Back 1 32-gallon cart Back 1 64-gallon cart Back 1 96-gallon cart SENIOR CITIZENS (Monthly Rate): Frontyard/Backyard 1 32-gallon cart Exempt (No Yardwaste) 1 32-gallon cart Hillside 1 32-gallon cart ADDITIONAL CHARGES: Extra Bag Tag 10 Bag Tags Extra Can (!-Time) 24HR CONTAINER SERVICE: Bin By The Day 4 Yard ·Maximum Rate $ 23.40 $ 46.81 $ 70.21 $ 23.40 $ 35.97 $ 71.93 $ 107.90 $ 35.97 No Charge $ 38.71 $ 77.42 $ 116.13 $ 38.71 $ 19.79 $ 39.59 $ 59.38 $ 19.79 $ 30.61 $ 61.22 $ 91.84 $ 11.10 $ 9.40 $ 18.37 $ 6.81 $ 64.75 $ 11.73 $ 151.34 CC 04-21-20 480 of 548 B.1. RESIDENTIAL SERVICE Service Maximum Description Rate Bin By The Day 6 Yard $ 185.35 Bin By The Day ?Yard $ 202.36 MANURE SERVICE (Monthly Rate): Manure-! CY lX Week Service $ 201.88 Manure-! CY 2X Week Service $ 423.74 Manure-! CY 3X Week Service $ 645.76 Manure-! CY 4X Week Service $ 867.74 Manure-! CY 5X Week Service $ 1089.94 Manure-! CY Extra Pick-up $ 77.21 HOUSEHOLD HAZARDOUS WASTE FEE (Monthly Rate): Single-Family Residence (including units in Multi-Family Residences that subscribe for individual MSW cart service) $ 0.50 Multi-Family Residence (Per unit, for units that do not subscribe for individual MSW cart service) $ 0.38 LATE CHARGE FEE: 1.2% Per Month Delinquent (Not Compounded) CC 04-21-20 481 of 548 B.2. NON RESIDENTIAL AND MULTI-FAMILY GARBAGE SERVICE AND NON RESIDENTIAL AND MULTI-FAMILY COMPOSTABLE MATERIALS SERVICE* *Non-Residential & Multi-Family Garbage service and Non-Residential & Multi-Family Compostable Materials service shall never cost more than the rates for Commercial Garbage service for the same quantity of material Service Description Frequency FRONT LOADER CONTAINERS (Monthly Rate): 1.5 CY Container IX Week Service 1.5 CY Container 2X Week Service 1.5 CY Container 3X Week Service 1.5 CY Container 4X Week Service 1.5 CY Container 5X Week Service 1.5 CY Container 6X Week Service 1.5 CY Container Extra Pick-up 2 CY Container IX Week Service 2 CY Container 2X Week Service 2 CY Container 3X Week Service 2 CY Container 4X Week Service 2 CY Container 5X Week Service 2 CY Container 6X Week Service 2 CY Container Extra Pick-up 3 CY Container IX Week Service 3 CY Container 2X Week Service 3 CY Container 3X Week Service 3 CY Container 4X Week Service 3 CY Container 5X Week Service 3 CY Container 6X Week Service 3 CY Container Extra Pick-up 4 CY Container IX Week Service 4 CY Container 2X Week Service 4 CY Container 3X Week Service 4 CY Container 4X Week Service 4 CY Container 5X Week Service 4 CY Container 6X Week Service 4 CY Container Extra Pick-up 6 CY Container IX Week Service 6 CY Container 2X Week Service 6 CY Container 3X Week Service 6 CY Container 4X Week Service 6 CY Container 5X Week Service 6 CY Container 6X Week Service Maximum Rate $ 136.49 $ 273.02 $ 409.51 $ 546.02 $ 682.53 $ 819.00 $ 42.33 $ 163.82 $ 327.59 $ 491.43 $ 655.19 $ 819.00 $ 982.80 $ 52.90 $ 218.40 $ 436.81 $ 655.19 $ 873.63 $ 1,092.02 $ 1,310.42 $ 57.85 $ 273.02 $ 546.02 $ 819.00 $ 1,092.02 $ 1,365.05 $ 1,638.02 $ 72.14 $ 382.20 $ 764.41 $ 1,146.61 $ 1,528.81 $ 1,911.03 $ 2,293.25 CC 04-21-20 482 of 548 B.2. NON RESIDENTIAL AND MULTI-FAMILY GARBAGE SERVICE AND NON RESIDENTIAL AND MULTI-FAMILY COMPOST ABLE MATERIALS SERVICE* *Non-Residential & Multi-Family Garbage service and Non-Residential & Multi-Family Compos table Materials service shall never cost more than the rates for Commercial Garbage service for the same quantity of material Service Frequency Maximum Description Rate 6 CY Container Extra Pick-up $ 100.39 8 CY Container IX Week Service $ 491.43 8 CY Container 2X Week Service $ 982.80 8 CY Container 3X Week Service $ 1,474.24 8 CY Container 4X Week Service $ 1,965.05 8 CY Container 5X Week Service $ 2,457.03 8 CY Container 6X Week Service $ 2,948.43 8 CY Container Extra Pick-up $ 129.84 *Pushout Container IX Week Service $ 48.06 Pushout Container 2X Week Service $ 96.38 Pushout Container 3X Week Service $ 144.29 Pushout Container 4X Week Service $ 192.50 Pushout Container SX Week Service $ 240.67 Pushout Container 6X Week Service $ 288.95 * Container Pushout charges shall only apply to containers moved more than 25-feet to get them to the truck. Key Service (service includes unlocking and locking receptacle) COMMERCIAL CART RATE: Per Cart Pickup SPECIAL SERVICES: Steam cleaning and re-delivery of bin [shall be provided once each year without charge], Furnishing Chains (One Time Only) $ 53.52 $ 21.69 Commercial $ 83.95 Multi-Family $ 92.11 LATE CHARGE FEE: 1.2% Per Month Delinquent (Not Compounded) CC 04-21-20 483 of 548 Service Description B.3. COMP ACTOR SERVICE GARBAGE COMPACTOR RATE (Per Cubic Yard) (Monthly Rate): COMPACTOR RATE-MIXED RECYCLABLE: Hauling Only Per Ton GARBAGE AND RECYCLING COMPACTOR RATES Description Garbage Compactor Rates Per Yard Per Pull Mixed Recycling Compactor Rates Per Pull Mixed Recycling Compactor Rates Per Ton Amount $ 38.06 $ 353.94 $ 56.35 Processor Newby BF! BF! Maximum Rate $ 38.56 $ 353.94 $ 56.35 Dirty NIA $ 468.09 $ 82.41 CC 04-21-20 484 of 548 B.4. DEBRIS-BOX SERVICE DEBRIS-BOX (UNCOMPACTED) SERVICE (Monthly Rate): 8 Yard Rock Box 6Tons $ 700.96 8 Yard Rock Box Each Additional Ton $ 73.84 16 Yard Debris Box 3 Tons $ 397.01 16 Yard Debris Box Each Additional Ton $ 73.84 20 Yard Debris Box 4Tons $ 467.32 20 Yard Debris Box Each Additional Ton $ 73.84 26 Yard Debris Box 4 Tons $ 607.52 26 Yard Debris Box Each Additional Ton $ 73.84 30 Yard Debris Box 5 Tons $ 718.34 30 Yard Debris Box Each Additional Ton $ 73.84 40 Yard Debris Box 6Tons $ 766.30 40 Yard Debris Box Each Additional Ton $ 73.84 WRRKT .Y RRNTAT. FRR (Beyond Normal 7 Days): $ 138.81 LATE CHARGE FEE: 1.2% Per Month Delinquent (Not Componnded) SOURCE SEPARATED RECYCLING*: OSDOR 08DOR 16-40DOR 16-40DOR Haul Rate Recycling Rate per ton Clean Dirt $ 411.45 $ 29.62 Clean Concrete Asphalt $ 411.45 $ 20.85 Clean Wood $411.45 $ 39.50 Sheet Rock $411.45 $ 41.69 *Note: Source Separated Recycling Loads will be charged the regular box rate if contan1inated or n1ixed OTHER MISCELLANEOUS RATES Description Daily Rental Rate For Boxes Beyond 7 Days Weekly Rental Rate For Boxes Beyond 7 Days Trip Charge For Empty Debris Box/Compactor (No Dump) Dry Run, Scheduled Service Bin Empty Relocate Container After Initial Delivery Same Day Cancelation (No Dump) Steam Clean after exchange bring back to yard Code RENT RENT TRIP TRIP RELOC CAN CL TRIP Amount $ 21.94 $ 138.81 $ 82.29 $ 164.58 $ 82.29 $ 54.86 164.58 EXHIBIT B SHALL BE REVISED TO REFLECT ANNUAL RATE ADJUSTMENTS PER THE CPI FORMULA SPECIFIED IN THIS AGREEMENT CC 04-21-20 485 of 548 1. Monthly Reports. EXHIBIT G: REPORTING REQUIREMENTS (Amended September 2, 2014) Franchisee shall submit, within twenty (20) calendar days following the end of each month, a Monthly Report on the amount of Recyclable Materials collected, Compostable Materials collected, Garbage collected and disposed, and materials collected at City-wide recycling events. To support the City's participation in the U.S. EPA Food Recovery Challenge, the data on Compostable Materials diverted from landfill shall include a breakdown between food waste and yard waste in both tonnage and cubic yards (by weight and volume). Franchisee will provide a separate monthly report for Multi-Family Dwelling Units and Non-Residential Services, describing the levels of service for recyclables and compostables subscribed for and the number of tons and cubic yards that were diverted from landfill as a result of Composted Materials and Recyclable Materials collected by Franchisee. This information shall meet the reporting requirements of the California Integrated Waste Management Act, as such Act may from time to time be amended. In addition to the information required by the California Integrated Waste Management Act, each Monthly Report shall include the information described in Section 2 of this EXHIBIT G. Franchisee shall provide these reports electronically only, in an editable format approved by City, such as Excel or Word. 1.1 Monthly Summary. The Monthly Report shall contain a summary of the information reported pursuant to Section 1 of this EXHIBIT G. Reports shall also contain a description of milestones achieved; changes in staffing levels; a listing of special occurrences such as any drop in tons diverted from the previous month due to contamination; and any other relevant information, including details of any City- wide Recycling Days which occurred during that month. 1.2 Monthly Report on Debris Box and Compactor Revenue and Disposal Cost. The Monthly Report shall detail separately the monthly tonnage and revenue collected from both Debris Boxes and Compactors (this revenue is excluded from Eligible Revenue). In addition the Monthly Report shall set forth separately for Debris Boxes and Compactors, the landfill disposal costs for all loads excluded from the Eligible Revenue and for which Franchisee reimburses the City. 1.3 Sales of Recyclable Materials and Compostable Materials. The Monthly Report shall contain a Monthly Recyclable Materials and Compostable Materials sales statement showing: type of material, the name of each buyer, date of sale, terms of sale, quantity sold (in tons or cubic yards), and net sales (net sales means gross sales minus both sales returns and sales CC 04-21-20 486 of 548 allowances). Tonnages sold at different prices during the month must be reported separately. Adjustments to previous months' sales (such as for contaminants) shall be reported on the current statement as a reduction in sales and referenced to the statement for the prior month in which the original sale was actually reported. Franchisee shall provide City, in each Monthly Report, a list of addresses for all households that have received a backyard Compost Bin during the month covered by such Monthly Report. 1.4 Contaminants. The Monthly Report shall include a statement of the weight (in tons) of contaminants in the Recyclable Materials and Compostable Materials collected during the month, the weight of the contaminants expressed as a percentage of the Recyclable Materials and Compostable Materials collected, and a description of the disposal methods for the contaminants. Franchisee shall provide, in each Monthly Report, a list of the Service Recipients' business name, account holder's name and contact information, and the address where a driver has observed a contaminated load of Recyclable Materials or Compostable Materials. The Monthly Report shall also providethe size of the contaminated load in cubic yards and the contaminants observed. 1.5 Problems Encountered. The Monthly Report shall include a narrative account of problems encountered during the reporting period in connection with Recyclable Materials and Compostable Materials collection (including scavenging), processing and/or marketing, a list of Non-Residential Service Recipients that declined to accept Compostable Materials or Recyclable Materials collection, the reasons Non- Residential Service Recipients gave when asked why they declined to accept Compostable Materials or Recyclable Materials service, and the actions taken by Franchisee in response. The narrative shall include a description of problems relating to non-collection because of contamination in the Recyclable Materials Containers and Compostable Materials Containers or because of blocked access. The narrative shall also include a description of Recyclable Materials and Compostable Materials rejected for sale after processing (by type of material and tonnages), reason(s) for rejection, and Franchisee's disposal method for the rejected load. 1.6 Public Education Activities. The Monthly Report shall include a description of the public education and community relations activities performed by Franchisee during the month and Franchisee's evaluation of the success of such activities in promoting the Programs or in addressing problems encountered by Franchisee. CC 04-21-20 487 of 548 1.7 Service Log. The Monthly Report shall contain a copy of Franchisee's telephone and complaint log, and include the name and address of each caller, the reason for the call, details on each complaint and a description of how each complaint was resolved. The Monthly Report shall contain a list of all pickups missed during the reporting period, with a description of the response to each call. 1.8 New Service Recipients. The Monthly Report shall contain a listing of all new Service Recipients, including their name, address and level of service. 1.9 Non-Residential Compostable Materials Service Recipients. The Monthly Report shall include a list of all Non-Residential Service Recipients that subscribe to Compostable Materials collection service, the date the Franchisee first visited the Non-Residential Service Recipient to ask them to subscribe to this service, the date Compostable Materials collection service started, the size of Compostable Materials Container(s) and the frequency of collection. If a Non-Residential Service Recipient has declined to subscribe to Compostable Materials service, Franchisee will provide the date the service was declined. 1.10 Loads Rejected by the Processor The Monthly Report shall include a list of Non-Residential loads of (compostable materials, recyclable materials or garbage) that are rejected by the processor, the date that the load was rejected, the Service Recipient's name and address, the type of material collected and the reason that the material was rejected. 1.11 Monthly Tonnage for Re-TRAC to support City's participation in U.S. EPA's Food Recovery Challenge. Franchisee will enter in the Re-TRAC database, monthly tonnage for materials landfilled, materials recycled, yard waste composted and food waste composted. 2. Compost Quality Reports. On April 1 and October 1 of each year of this Agreement, Franchisee shall provide City with copies of Laboratory reports on the quality of the Compost Materials produced from the Compostable Materials collected in City sometime in the prior three months, and on the compost materials provided to City as required in Section 8.1 of this Agreement. CC 04-21-20 488 of 548 3. Annual Reports. 3.1 Annual Report Submitted By Franchisee. To be consistent with CalRecyle' s Annual Report periods, Franchisee shall provide its annual report to the City for the calendar year. Within 60 days following the end of each calendar year, Franchisee shall provide City with an Annual Report containing: a summary report of the Monthly Reports for the year, including information on the total annual quantities of Garbage collected and disposed, Recyclable Materials collected, and Compostable Materials collected. The Annual Report shall detail the Compostable Materials collected broken down by the tonnage and cubic yards of food waste collected and the tonnage and cubic yards of yard waste collected. The Annual Report shall also contain a discussion of public awareness activities and their impact on recycling participation and recovered amounts, and a discussion of highlights and other noteworthy program experiences, along with measures taken to resolve problems, increase efficiency, and increase participation. The Annual Report shall also contain a detailed discussion of the progress made during the year toward meeting a sixty-five percent (65%) diversion rate for Non Residential Service Recipients and for multi-family sectors as calculated in Exhibit H.2. 3.2 Vehicle Fleet Information. Each year of the term of this Agreement, Franchisee shall submit to City, as an attachment to the Annual Report, all information required by Section 6.1.6 of this Agreement. 3.3 Audited Financials. After the end of each fiscal year of Franchisee, Franchisee shall submit to City a copy of its audited financial statements for such year. Such audited financials shall include all of Franchisee's revenues under this Agreement during such fiscal year. 4. End of Agreement Reports. Reports covering the last period of this Agreement will be due following the end of collection services, on the schedule stated in this EXHIBIT G. CC 04-21-20 489 of 548 EXHIBIT H: DIVERSION (Amended September 2, 2014) H.1 Calculation to determine the City's diversion rate for 2015 for residential (population) and commercial (employment) sectors. For pmposes of determining if the requirements of the Agreement, including those under Paragraph 2.2.1 are met, the following CalRecycle Disposal Reporting System (DRS) "Diversion Equivalent Rate" (DRE) formula shall be used: Annual Per Capita Rate DRE=[!-( )]xlOO 2 x Target Rate As an example, for Cupertino's Population (Residential) Diversion Rate Equivalent (DRE) for 2012, using the 2012 Ca!Recycle potmds per person per day target with 2012 amlUal achial (as shown in the below table), is as follows: Cal Recycle Disposal Rate Target for Cupertino for 2012 TARGET 2012 ANNUAL(actuall Population (Pounds/Person/Day) 4.3 2.6 Employment (PPD) 8.1 4.3 DRE=(1-(~)]x100 2 x4.3 = [ 1-(~) l x 100 8.6 = [ 1 -0.302 J x 100 = 69.8 % (approximately) And, for Cupertino's Employment (Commercial) Diversion Rate Equivalent (DRE) for 2012, the equation is; DRE=[l-(~)]xlOO 2 xB.1 = [ 1 -(E) J x 100 16.2 = [ 1 -0.265 ] x 100 = 73.3 % (approximately) Amended September 2, 2014 CC 04-21-20 490 of 548 Actual calculations for subsequent years shall be based upon CalRecycle' s annual municipal data collected in August of each year for the preceding calendar year (for example, data for 2013 is collected in August 2014). H.2 Calculation to determine the City's diversion rate for 2015 for Commercial and Multi-Family collection services. Diversion shall be calculated using the following formula: (A+ B) I (A+ B + C) =Diversion percentage for Commercial and Multi-Family A= Tons of recycled Commercial and Multi-Family materials B =Tons of composted Commercial and Multi-Family materials C= Tons of Commercial and Multi-Family material landfilled Residue from processing recyclables and compostables that are landfilled shall be counted in the tons of commercial and multi-family material landfilled, not as tonnage recycled or composted. H3. Expanded Diversion Program Features Single-Family Residential Services: • Provide each residential customer with a dishwasher-safe, container having a seal-tight lid. These containers can be used for the in-home storage of compostable organic materials. The seal-tight lid will prevent odors and the dishwasher compatible container will be convenient for residents to clean and maintain. • Single-stream collection of commodities listed below at "Recyclable Commodities" • Curbside collection of CFL bulbs in clear zip lock bags • Curbside collection of dry cell batteries and cell phones in clear zip lock bags • Curbside collection of used motor oil in 1-gallon containers and used oil filters in clear zip lock bags • Curbside collection of E-waste and U-Waste through on-call collection programs • On-call collection of material and diversion of all recyclable and reusable materials • Curbside collection of cooking oil, in 1-gallon containers marked as "Cooking Oil" • Curbside collection of "Coats for Kids" every fall • Provide up to 400 Bio-Stack composting bins in Year 1 of the contract extension • Provide a twice-per-year "Environmental Day" for the collection of recyclable commodities listed below at "Recyclable Commodities" • Distribute public outreach material highlighting the new and expanded recyclables and organics collection programs Amended September 2, 2014 CC 04-21-20 491 of 548 • By October 1, 2015, develop a three-minute "How to Utilize Your Organics and Recycling Cart" video for viewing on the City of Cupertino Cable access channel and for schools Multi-Family Residential Services: • Conversion to single-stream collection of commodities listed below at "Recyclable Commodities" • Contact management of every MFD complex in the first year of the contract extension to initiate or expand recycling services • Provide to each MFD unit whose complex participates in the organics collection service, a dishwasher-safe, pitcher having a seal-tight lid, for the in-home storage of compostable organic materials • Provide each MFD unit with a "Recycling Tote Bag" for the in-home storage of single- stream recyclables • Collection of E-waste and U-Waste through on-call collection programs • Provide drop-off containers at MFD management offices for dry cell batteries and cell phone recycling • Arrange HOA presentations on the new and expanded recyclables and organics collection programs • Distribute public outreach material highlighting the new and expanded recyclables and organics collection programs • By December 31, 2014, conduct a Recycling Blitz at large multi-family developments. Recology Zero Waste Coordinators and Management will visit buildings on Saturdays to distribute "Buddy Bags" to help residents sort recyclables, along with a brochure guide • By October 1, 2015, develop a three-minute "How to Utilize Your Organics and Recycling Cart" video for viewing on the City of Cupertino Cable access channel and for schools Commercial Services: • Conversion to single-stream collection of commodities listed below at "Recyclable Commodities" • Contact every commercial customer in the first year of the contract extension to initiate or expand recyclables and organics collection services • Provide each commercial customer that participates in the organics collection program with an optional "Slim Jim' container for the indoor accumulation of organics materials • Arrange presentations of expanded recycling programs at civic groups, schools, community functions, city events, City and Recology websites, and the City access channel • Distribute public outreach material highlighting the new and expanded recyclables and organics collection programs Amended September 2, 2014 CC 04-21-20 492 of 548 SECOND AMENDMENT TO FRANCHISE AGREEMENT BETWEEN THE CITY OF CUPERTINO AND RECOLOGY CUPERTINO FOR COLLECTION AND PROCESSING OF RECYCLABLE AND COMPOST ABLE MATERIALS, AND THE COLLECTION AND DISPOSAL OF GARBAGE This Second Amendment to the Franchise Agreement between the City of Cupertino and Recology Cupertino for Collection and Processing of Recyclable and Compostable Materials, and the Collection of Disposal of Garbage ("First Amendment"), for reference dated December 19, 2017, is by and between the CITY OF CUPERTINO, a municipal corporation ("CITY") and Recology Cupertino, a California corporation, ("Franchisee"), and is made with reference to the following : RECITALS: A. The effective and orderly handling of solid waste is an essential component of public safety and health. Balanced regional waste management and planning must be maintained and developed so as to safeguard public health, optimize the use of limited natural resources and insure the efficient and orderly collection and processing of Recyclable and Compostable Materials and proper collection and disposal of Garbage. B. It is desirable that the public recognize its ultimate responsibility to reduce, recycle and dispose of all wastes in an environmentally sound manner and that collection and disposal rates must be established at levels which are commensurate with the cost of carrying out that responsibility. C. On May 18, 2010, a Franchise Agreement for Collection and Processing of Recyclable and Compostable Materials, and the Collection and Disposal of Garbage was entered into by and between CITY OF CUPERTINO and RECOLOGY CUPERTINO ("Franchisee") ("Agreement") for a term of five years , from 12:00 A.M . on November 1, 2010 to 11 :59 P.M. on October 31, 2015. D. On September 2, 2014 a First Amendment was entered into by and between CITY and Franchisee ("First Amendment") extending the term to eight years and 3 months from 12:00 A.M. on November I, 2010 to 11 :59 P.M. on January 31, 2019 . E. The City and Franchisee desire to amend the Agreement a second time extending the First Amendment term an additional two years to 11:59 P.M. on January 31, 2021, commencing 12:00 A.M. on December 20, 2017. F . The City and Franchisee have agreed to a goal of 75% diversion for calendar year 2018 to be calculated by the CalRecycle formula for Diversion Rate Equivalent, by population (residential) and by employment ( commercial). CC 04-21-20 493 of 548 G. Pursuant to powers expressly granted to cities and counties in Article XI , Section 7 of the California Constitution, and also set forth in California Public Resource Code Sections 40059 and 49300, City has the authority within its jurisdiction to regulate the handling ~£ Garbage. City accordingly entered into this Agreement pursuant to the above authority and pursuant to City Municipal Code, Title 6, Chapter 6.24, section 6.24.010. H . CITY and Franchisee desire to modify the Agreement as set forth in detail below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Article 1 -Definitions, Sections 1.7, 1.29, 1.31, 1.32 and 1.33 are modified and 1 .42 and 1.43 are added to read as follows: 1.7. Compostable Materials -"Compostable Materials" means organic materials generated from tree trimming, shrubbery pruning, vegetative garden wastes, dead plants, weeds, leaves, grass clippings, food and non-food vegetative matter, soiled paper, and cardboard and waxed cardboard that decompose biologically, which are separated by the Service Recipient from other materials with less than an estimated ten percent (10 %) by weight of materials other than those listed as "Compostable Materials" in EXHIBIT A. 1.29 Non-Residential Garbage Containers -"Non-Residential Garbage Containers" means 32-gallon, 64-gallon, or 96-gallon carts, and metal or plastic bins from 1 to 8 cubic yard capacity, provided by Franchisee for use by Non- Residential Service Recipients for Garbage collection services under this Agreement. 1.31 Recyclable Materials -"Recyclable Materials" means those materials that can be reh1rned to economic use as raw material for new, reused, or reconstituted products, which are separated by the Service Recipient from other materials with less than an estimated ten percent (10 %) contamination, for the purpose of returning them to economic use and includes without limitation those materials listed as "Recyclable Materials" in EXHIBIT A. 1.32. Recyclable Materials Containers -"Recyclable Materials Containers" means the wheeled carts provided to Service Recipients by the Franchisee or City for the collection o f Recyclable Materials. Residential Recyclable Materials overages may be placed in any additional durable container which is provided by a Service Recipient for collection of Recyclable Materials; and any wheeled cart, metal or plastic bin of from 1 to 8 cubic yard capacity, provided by Franchisee for 2 CC 04-21-20 494 of 548 use by Non-Residential Service Recipients for collection services under this Agreement which is clearly labeled as a recycling container. 1.33. Residential Service Recipient -"Residential Service Recipient" means all residences within the Franchise Area (including all multifamily dwellings. "Multi- family" is defined as any premises, excluding a hotel, motel, or lodging house , used for residential purposes containing five (5) dwelling units or more, irrespective of whether the residency is transient, temporary or permanent), and all businesses within the Franchise Area which generate a combined total of less than 96-gallons of Garbage and Compostable Materials per week and which subscribe for service as Residential Service Recipients. 1.42 Decal -"Decal" means a permanently affixed weather-resistant label identifying with words and colored pictures, the type of material to be placed within a wheeled cart container. 1.43 Wheeled Cart Containers -"Wheeled Cart Containers" means 32, 64, 96 gallon or other similarly sized push carts used for residential, multi-family, and commercial waste services. 2. Article 2 -Term of Agreement, Sections 2.1, 2.2, 2.2.1, 2.2.2, 2.2.3, 2.2.4 are modified to read as follows: 2.1 Term -The term of this Agreement, which commenced 12:00 AM. on November 1, 2010 and continued to 11:59 P.M. on October 31, 2015 and was extended on September 2, 2014 to 11:59 on January 31, 2019, is hereby extended for a second time from 12:00 AM. on December 20, 2017 to 11:59 P.M. on January 31, 2021, inclusive, subject to Article 16 of this Agreement. 2.2 Option to Negotiate New Agreement --City shall have the option to negotiate a new ten year agreement that may begin at 12:00 AM. on January 31, ,, ' 2021 and end at 11 :59 P.M. on January 31, 2031 if Franchisee has: 2.2.1 Diversion -To the maximum extent possible!, achieved fifty 50 %) commercial and multi-family diversion rate by January 1, 2020 (as calculated in Exhibit H); and achieved a minimum seventy-five percent (75%) diversion rate under the terms of this Agreement for calendar year 2018 based on CalRecycle' s diversion rate equivalent (DRE) for both residential (per capita by population) and commercial (per capita by employment) sectors (as calculated in Exhibit H). This calculation will not include disposal volumes attributed to the City of Cupertino 1 The C ity 's 75% diversion goal , set in 20 I 0, is subject to available markets for recyclable materials (e.g. mixed paper, old newspaper, plast ics , etc.). Of particular concern in Fall 2017 is that China notified the World Trade Organization in Jul y 2017 that by end of2017 it would ban imports of24 kinds of solid waste , including un sorted waste paper, waste plastics, mo st scrap pl ast ic s including PET, PVC polyeth ylene , polystyrene, mixed paper, s lag from steelmaking, and waste textile s. 3 CC 04-21-20 495 of 548 that are reported to CalRecycle on the Disposal Reporting System (DRS) and which are not in any way handled by or associated with Recology Cupertino collection programs. CalRecycle's calculation of the City's DRE for 2018 should be available by November 30, 2019, after submittal of the City's annual report data in August 2019, and; 2.2.2 Program Development -Cooperatively and proactively worked with City to develop programs to increase diversion, reduce contamination and provide all food service establishments (grocers, restaurants, hotels, high tech companies with large cafeterias etc.) and multi-family establishments that appear based on subscribed volume to be generating four (4) cubic yards or more of total waste per week with bins, signage, educational outreach and materials, and collection service for organics composting by July 1, 2018 and; 2.2.3 Limited Cost Adjustments -Cooperatively and proactively worked with City in connection with limited cost adjustment requests for residential and non- residential services so that the cost of organics processing to the City incorporates efficiencies identified in any City directed and paid audits and; 2.2.4 Intent to Exercise Option to Renegotiate Agreement -Notified City of its intent to exercise this option to renegotiate the Agreement in writing, on or before January 31, 2020. If muh1ally agreeable to the City and the Franchisee and if CalRecycle has not provided sufficient data to verify the City's accurate 2018 diversion rate equivalent by January 5, 2020, this Agreement may be extended for eleven (11) months to January 1, 2022. 3. Article 4 -Collection Services, Sections 4.1.1., 4.1.2., 4.1.5., 4.1.7., 4.3.2., 4.3 .3 ., 4 .3.4., 4.4, 4.4.1., 4.4.2., 4.4.3., 4.4.4., 4.8.1., 4.8.3., 4 .9, 4.9.1., 4.9.3. and 4.10, are modified and 4.1.7 added to read as follows: 4.1.1. Beginning November 1, 2010 and continuing through the term of this Agreement, Franchisee shall perform collection services as provided in this Article 4. All such services shall be performed in a thorough and professional manner regardless of weather conditions and difficulty of collection. Commercial collection services shall occur only between the hours of 6:00 AM and 5:00 PM, unless specifically approved in advance in writing by City Representative. Residential collection services shall comply with the City's noise ordinance and occur only between the hours of 7:00 AM and 5:00 PM, unless specifically approved in advance in writing by the City Representative. In all areas where residential properties are adjacent to commercial properties or close enough that the collection vehicle noise disrupts sleeping residents, collection shall not start 4 CC 04-21-20 496 of 548 before 8:00 AM on Monday through Friday, and not before 9:00 AM on Saturday, Sunday, and Holidays. 4.1.2. All Residential Recyclable Materials, and Compostable Materials and Garbage collected pursuant to this Agreement shall be and become the property of the Franchisee at the time these materials are placed in the City or Franchisee supplied collection containers. All Non-Residential Recyclable Materials and Compostable Materials and Garbage collected pursuant to this Agreement shall be and become the property of the Franchisee at the time these materials are placed in the collection containers. The City reserves the right to approve or disapprove the destination facility and the method of processing for all solid waste and other materials collected for disposal by the Franchisee from within the City's jurisdictional boundaries, provided, however, that if City revokes approval of any such facility, Franchisee shall be entitled to an adjustment in compensation in an amount sufficient to cover Franchisee's increased costs of using an alternative facility, and shall not be required to use an alternative facility until such adjustment has been implemented. The facilities to which Franchisee delivers material as of November 1, 2017 shall be deemed approved by City and for cost purposes shall represent the baseline cost. Franchisee shall notify the City at least four weeks in advance of any planned changes to the collection and processing of materials collected in City, including residential day of service collection, and processing facilities to which recyclables or organics will be delivered. City will not authorize any change to collection and/or processing, or any additional requests in compensation, that reduces the ability of the Franchisee to achieve the 75% diversion goal. Franchisee shall, to the maximum extent practicable, ensure that collected loads of Recyclable Materials and Compostable Materials are not redirected to the landfill by the driver due to contamination. Franchisee shall, to the extent practicable, remove or have the Service Recipient remove, contaminants that are not listed as acceptable recyclable materials in Exhibit A. Franchisee may leave a Non-Collection Notice (NCN) and not service Recyclable Materials Containers or Compostable Materials Containers that contain an estimated> 10% non-recyclable or non-compostable materials as defined in Exhibit A, thereby making the commercial customer responsible for rem9ving contaminants prior to collection. Franchisee may charge the commercial customer aJ eturn fee as listed in Exhibit B. Franchisee shall conduct collection in a manner which will ensure that Recyclable and Compostable Materials listed in Exhibit A will not be landfilled, and that City will receive the maximum credit to':Vard the State diversion mandates. 4.1.5 All collection vehicles and equipment shall be constructed and maintained to prevent leakage or spillage. Except when material is being loaded or unloaded, or when the vehicle is in the process of collection, Franchisee shall at all times keep Recyclable Materials, Compostable Materials, and Garbage loads completely 5 CC 04-21-20 497 of 548 covered so as to prevent litter, leakage or spillage from the collection vehicle. Franchisee shall immediately clean up any litter, leakage or spillage (in the manner described in the last sentence of Section 15.4, if applicable) which occurs during collection and transport. In addition to the liquidated damages specified in Section 12.5 of this Agreement, Franchisee shall reimburse City for all reasonable costs incurred by City in the cleanup of all litter created by Franchisee in the performance of this Agreement and not cleaned up by Franchisee within eight (8) business hours after notice by City, and liquid spillage created by Franchisee in the performance of this Agreement and not cleaned up by Franchisee within two (2) business hours after notice by City. Prior to the purchase of new Collection Vehicles during the term of this Agreement, Franchisee shall certify to the City that the selected vehicles include hopper shielding to minimize litter while the contents of individual carts or bins are being unloaded and while the vehicle is traveling along City streets. If Franchisee continues to use existing equipment for more than one year from the date of the Second Amendment to this Agreement, Franchisee shall retrofit all Collection Vehicles with hopper shielding to prevent the scattering of litter during collection and transport of Recyclable Materials, Compostable Materials, or Garbage. Retrofits shall be completed before November 1, 2018. 4.1.7 All carts emptied on public streets shall be placed with the wheels against the curb in a location that does not block access to driveways. 4.3.2. Provision of Recyclable Materials Containers -Franchisee shall provide new or refurbished Recyclable Materials Containers, as described below, at no additional charge to each Residential Service Recipient that does not already have one. These Recyclable Materials Containers shall be delivered by Franchisee within five (5) Working Days of Request for initial service or replacement by the Residential Service Recipient. Recyclable Materials Containers removed by the Franchisee shall also be replaced by Franchisee within five (5) Working Days of their removal. Recyclable Materials Containers provided by Franchisee shall be labeled with description of contents, such as "Recycling" or "Yard Waste/Organics" and "Property of the City of Cupertino" and shall not be marked with the Franchisee's name or logo. To ensure consistency in container markings and colors, new and replacement containers shall be labeled and marked to the satisfaction of the City, the color of container for Recyclable Materials Containers shall be approved by the City before new or replacement Recyclable Materials Containers are purchased for customers. Decals specifying acceptable and unacceptable material for each container shall be applied as specified by City before containers are delivered to start new service and to new containers when damaged or mismarked containers are replaced. Replacement of decals as needed is the responsibility of the 6 CC 04-21-20 498 of 548 Franchisee. All Recyclable Materials Containers provided by Franchisee to Residential Service Recipients pursuant to this Agreement shall become the property of the City at the termination of this Agreement. Franchisee is required to keep accurate count/inventory of containers used, date of purchase, and date of replacement. 4 .3.3 Recyclable Materials Overages (Residential) -Franchisee shall collect all Recyclable Materials properly prepared and set out for collection by the Service Recipient each week. Service Recipient may set flattened and bundled cardboard boxes, which are too large to fit in the Recyclable Materials Container, next to the container, provided they do not exceed 3 feet by 3 feet and are securely tied together. Franchisee shall collect such cardboard boxes on the day Franchisee collects Recyclable Materials from the Service Recipient. Franchisee shall have no obligation to collect Recyclable Materials Overages where Recyclable Materials are not set out in Recyclable Materials Containers, except that Franchisee must notify the City Representative within two (2) Working Days of the uncontained materials and provide the address and contact for any Service Recipient that has been responsible for overflowing or uncontained Recyclable Materials more than once in a year. Franchisee shall have no obligation to collect cardboard boxes if they are not set out as provided above or where the combined weight of the Recyclable Materials and cardboard exceeds sixty (60) pounds. At no additional charge and pursuant to Section 4 .3.2, Franchisee shall provide a sufficient number of additional Recyclable Materials Containers to Service Recipients to accommodate all recyclables regularly generated. If Service Recipients regularly generate more Recyclable Materials than will fit in their Recyclable Materials Containers, Franchisee will contact Service Recipient within two (2) Working Days of the determination to notify Service Recipient that an a~ditional cart will be delivered. Franchisee will notify the City Representative by email of the address and contact information for the account that generated the overage and received an additional recycling cart within two (2) Working Days of the additional cart delivery. Franchisee shall notify the City Representative and deliver to Service Recipient all requested additional Recyclable Materials Containers within five (5) Working Days of the request. 4.3.4 Non-Collection -Franchisee shall not be required to collect any Recyclable Materials that are not set out on a public street or other accessible location subscribed for; that are not set out ip accordance with the Municipal Code, and that are not set out in conformance :vyith S,~S90f1 .4.3.3 of this Agreement. If the Recyclable Materials are too contalrlinated to process (i.e . if the container appears to contain more than ten perc~nt (10 %) non-Recyclable Materials), Franchisee shall leave a Non-Collection Notice (NCN) and contact the account holder by phone to inform the Service Recipient that the cart was not serviced due to contamination. 7 CC 04-21-20 499 of 548 Franchisee will by email provide the City with the account name and address associated with the contaminated Recyclable Materials within two (2) Working Days of the incident. Drivers shall not make the determination that material collected as Recyclable Materials shall be landfilled without notifying the City within one (1) Working Day. Only residue from the processing facility and loads rejected by the processor for contamination may be landfilled. 4.4 Residential Compostable Materials Collection -Franchisee shall, by no later than of June 30, 2018, provide one-half to one gallon capacity pitcher-style or pail containers for in-home storage of Compostable Materials to each unit whose complex is required by City ordinance to subscribe to Compostable Materials Collection service. Franchisee shall provide these pitchers or pails for each single- family household that sets up new service, and for existing Residential Service Recipients that have not received one, upon request by the Service Recipient or the City. The one-half to one gallon capacity pitchers or pails for in-home storage of Compostable Materials shall be of a type approved by City Representative and shall meet the requirements for such pitchers or pails specified in EXHIBIT H. Upon request, pitchers or pails shall be delivered within five (5) Working Days. City may keep a supply of in-home Compostable Materials storage pitchers or pails, purchased by Franchisee, to assist in delivery to Service Recipients. Franchisee shall collect all Compostable Materials listed in EXHIBIT A. Franchisee shall process all collected Compostable Materials at their affiliate facility, South Valley Organics, located near Gilroy, or Blossom Valley Organics North (BYON), unless an alternate site is approved by City Representative in writing, which may be communicated by email. 4.4.1. Frequency of Collection -Franchisee shall provide regular, scheduled collection of Compostable Materials from each Residential Service Recipient every week for single family homes. Compostable Materials Containers at multi-family establishments shall be serviced at a minimum weekly or more frequently if necessary to prevent offensive odors and pest infestations. Compostable Materials shall be collected from Compostable Materials Containers adjacent to the Recyclables or Garbage Containers. 4.4.2. Compostable Materials Containers (Residential) -Franchisee shall provide, upon request by the City Representative, a new or refurbished 24-gallon or 32-gallon Compostable Materials Container at no additional charge to each "Yard Waste Exempt" Residential Service Recipient that does not already have one. These Compostable Materials Containers shall be delivered by Franchisee within five (5) Working Days of Request. Compostable Materials Containers removed by the Franchisee by mistake, for repair and replacement, or cleaning shall be replaced by Franchisee within five (5) Working Days of their removal. 8 CC 04-21-20 500 of 548 Compostable Materials Containers provided by Franchisee shall be labeled for "Compost" or "Yard Waste/Organics", and "Property of the City of Cupertino" and shall not be marked with the Franchisee's name or logo. To ensure consistency in container markings and colors, new and replacement containers shall be labeled and marked to the satisfaction of the City, the color of container for Compostable Materials Containers shall be approved by the City before new or replacement Compostable Materials Containers are purchased for customers. Decals specifying acceptable and unacceptable material for each container shall be applied as specified by City before containers are delivered to start new service and to new containers when damaged or mismarked containers are replaced. Replacement of decals as needed is the responsibility of the Franchisee. All Compostable Materials Containers provided by Franchisee to Residential Service Recipients pursuant to this Agreement shall become the property of the City at the termination of this Agreement. Compostable Materials shall be collected from Franchisee-supplied Compostable Materials Containers. The combined weight of the container and the Compostable Materials shall not exceed one hundred fifty (150) pounds. Compostable Materials Containers must be placed at the curb or another accessible designated collection area selected by Service Recipient and approved by City, or by Walk-Up as subscribed for by the Service Recipient. To promote maximum diversion at single-family residences, Franchisee shall deliver additional Compostable Materials Containers within five (5) Working Days from the date of the single-family Residential Service Recipient's or the City's request. At no additional charge and pursuant to this Section, 4.4.2, Franchisee shall provide a sufficient number of additional Compostable Materials Containers to accommodate all Compostable Materials regularly generated at single-family residences To promote maximum diversion at multi-family residences, by March 1, 2018, Franchisee shall notify property managers of all multi-family residences of the City's ordinance requiring the collection of Compostable Materials. Franchisee shall work with the City Representative to provide educational materials and one- half to one gallon capacity containers for in-home storage of Compostable Materials to the establishment, and deliver appropriately sized and located Compostable Materials Containers on or before May 31, 2018. 4.4.3. Non-Collection -Franchisee shall not be required to collect any Compostable Materials that are not set out on a public street or other accessible location, in accordance with the Municipal Code, or in conformance with Section 4.4.2 of this Agreement. If the Compostable Materials are too contaminated to process (i.e. if the container appears to contain more than ten percent (10 %) non- Compostable Materials), Franchise~ sh9ll l~ayr a Non-Collection Notice (NCN) and contact the account holder by ,pho:ne .,to ,infqrrn them that the cart was not serviced due to contamination. Franchisee will email the City with the account 9 CC 04-21-20 501 of 548 name and address associated with the contamination within two (2) Working Days. Loads collected as Compostable Materials shall not be landfilled or rejected at the processing facility. Only residue from processing Compostable Materials may be landfille~. ·'' ·, · 4.4.4 Compostable Materials Overages (Residential) -At no additional charge and pursuant to Section 4.4.2, Franchisee shall provide a sufficient number of additional Compostable Materials Containers to Residential Service Recipients to accommodate all Compostable Materials regularly generated. If Residential Service Recipients regularly overflow their Compostable Materials Containers, Franchisee will contact Residential Service Recipient within two (2) Working Days of the observation to encourage Residential Service Recipients to request additional containers. Franchisee will contact City within two (2) Working Days to notify City Representative of such customer and will provide the City account contact information. Franchisee shall deliver Residential Service Recipient additional Compostable Materials Containers within five (5) Working Days of the request. 4.8.1 Frequency of Collection (Non-Residential Recyclable) -Franchisee shall provide Recyclable Materials collection services at no additional cost to all Service Recipients that subscribe for Non-Residential Garbage service. Franchisee shall collect all Recyclable Materials listed in EXHIBIT A from' each Non-Residential Service Recipient as often as necessary to prevent overages. To encourage diversion, Franchisee shall provide a volume of Recyclable Materials collection services equal to or in excess of the amount of Garbage collection service subscribed for by each Non-Residential Service Recipient, except where there are space or access constraints, or where the characteristics of the waste stream do not justify an additional container. Service Recipients may not decline Recyclable Materials Collection service that is required by State law (AB 341 ), and Cupertino Municipal Code Chapter 6.24 unless they can demonstrate to the City that they do not generate any Recyclable Materials, or can document to the satisfaction of City that they have made other arrangements for handling their Recyclable Materials. If Service Recipients decline Recyclable Materials Collection service, Franchisee will notify City by email within two (2) Working Days. Franchisee shall add collection routes and days, including weekends, if necessary to adequately provide collection service to all Service Recipients in accordance with this Agreement. 4.8.3 Non-Collection -Franchisee shall not be required to collect any Recyclable Materials that are not placed in Recyclable Materials Containers by Non- Residential Service Recipients. In the event of a non-collection, Franchisee shall 10 CC 04-21-20 502 of 548 leave a Non-Collection Notice (NCN). Franchisee shall notify the City by email within two (2) Working Days of the driver observing an estimated 10% or more contamination of materials generated by a Non-Residential Service Recipient and where the Non-Residential Service Recipient has been responsible for contamination more than once in a calendar year. The City will contact and work with the Service Recipient to prevent further contamination by providing education and assistance. Significantly contaminated loads may be processed as Garbage only as directed by the processor after the materials have been evaluated and rejected by the processor at the processing facility. The Franchisee's monthly report shall contain information on all loads that are rejected at the processing facility as specified in Exhibit G. 4.9 Non-Residential Compostable Materials Collection -Franchisee shall not impede the City's implementation or expansion of edible food placement networks in the City of Cupertino (e.g. the City's participation in the Food Rescue Initiative for Santa Clara County). When edible food that would otherwise have been landfilled, is diverted to feed people, a commensurate diversion credit will be applied to the City's and Recology' s diversion progress. Consistent with Cupertino Municipal Code Section 6.24.37 and AB 1826, Franchisee shall provide all applicable non-residential customers with bins and collection service for organics composting along with appropriate outreach and education about use of said service by the following dates, as specified in the municipal code: • July 1, 2018: Per Cupertino Municipal Code, businesses or business structures generating 4 cubic yards or more of solid waste per week • By Jan 1, 2019: Per State law, businesses or business structures generating 4 cubic yards or more of solid waste, per week. Franchisee shall produce and maintain a list of all businesses and business structures (enrolled and non-enrolled) that are required by the municipal code and by AB 1826 to subscribe to organics collection service. The list shall be updated monthly and changes to the list shall be included in the monthly report to the City per Exhibit G. As required by municipal code, Franchisee shall ensure that commercial properties that are affected by the following earlier implementation dates continue to receive organics service: • September l, 2016 : business or business structure generating 8 cubic yards or more of organic waste per week • January 20, 2016: business or business structure generating 3 cubic yards or more of organic waste per week or generating a solid waste stream that is comprised of 25% or more organic food waste material 11 CC 04-21-20 503 of 548 I, For purposes of determining whether a customer generates a specified volume and/or type of material or is required under the Cupertino Municipal Code or AB 1826 to subscribe for organics collection service, Franchisee shall be entitled to rely on the customer's subscribed-for container volume. 4.9.1 Frequency of Collection (Non-Residential Compostable Materials) - Franchisee shall provide Compostable Materials Collection services to all Non- Residential Service Recipients that are required by Municipal Code to subscribe to this service. Franchisee will notify City within two (2) Working Days if a Non- Residential Service Recipient declines Compostable Materials service . Franchisee shall be entitled to charge Non-Residential Service Recipients that subscribe for Compostable Materials Collection services not more than the unit price rate charged for an equivalent level of Garbage service, as set forth in EXHIBIT B, and not more than the Service Recipient was paying for Garbage service before the Compostable Materials Collection program was implemented, so long as the Service Recipient does not increase the total amount of materials discarded. Franchisee shall contact Non-Residential Service Recipients (including, but not limited to, restaurants, corporate employee cafeterias, markets, grocery stores, delis, sandwich shops, and florists) that subscribe for at least 4 cubic yards of Garbage service and no Compostable Materials service, and enroll them in the Compostable Materials Collection program. Franchisee shall offer to provide them an appropriate City-approved Compostable Materials Collection container and whenever possible reduce their Garbage service level. Franchisee shall notify the City within five (5) Working Days if said offer is rejected by the Service Recipient. Franchisee shall ensure that the total cost to such Service Recipients of Garbage service and Compostable Materials service combined will not increase due to the substitution of Compostable Materials capacity for Garbage capacity, so long as the Service Recipient does not expand the business or increase the total amount of materials discarded. Franchisee will assist the Service Recipient in subscribing for appropriate container volumes and frequency of collection so that the Service Recipient is adequately served given the space available. Franchisee shall add collection routes and days, including Saturday Garbage, Recyclables, and Compostable Materials service to adequately provide collection service to all Service Recipients impacted by lack of space for additional containers. If Sunday collection service is needed to accommodate Service Recipient needs, Franchisee shall propose a Sunday service rate schedule to the City for consideration per Section 12.3 Special Maximum Rate Adjustments . Franchisee shall provide Compostable Materials Containers to each Non- Residential Service Recipient in accordance with the service level subscribed for by the Non-Residential Service Recipient. Franchisee shall collect Compostable Materials from each Non-Residential Compostable Materials Container as often as subscribed for by the Non-Residential Service Recipient. 12 CC 04-21-20 504 of 548 4.9.3 Non-Collection -Franchisee shall not be required to collect any Compostable Materials that are not placed in Compostable Materials Containers. In the event of a non-collection, Franchisee shall leave a Non-Collection Notice (NCN). Franchisee shall notify the City, by email within two (2) Working Days of the driver observing an estimated 10% or more contamination of Compostable Materials generated by a Non-Residential Service Recipient and where the Non- Residential Service Recipient has been responsible for contamination more than once in a calendar year. The City will contact and work with the Service Recipient to prevent further contamination by providing education and assistance to the Service Recipient. Residual from Compostable Materials, but not a full load, may be landfilled as Garbage only after the load has been screened (sorted) at the processing facility. The Franchisee's monthly report shall contain information on all NCNs and contaminated loads as specified in Exhibit G. 4.10 Debris Box£ Compactor and Bin-by-the-Day Services -In addition to the Extra Services provided for in Sections 4.5.4 and 4.7.2 of this Agreement, Franchisee shall collect Recyclable Materials or Compostable Materials and Garbage in Debris Boxes, Compactors and Bin-by-the-Day Services on the schedule subscribed for by the Service Recipient. Debris Boxes shall be available in at least five (5) approximately evenly spaced sizes; 8 cubic yards, 16 cubic yards, 20 cubic yards, and larger. Debris Boxes must, at a minimum, have the capacity of the size listed on EXHIBIT B, or must be charged for at the next, lower maximum service rate. Franchisee shall provide Compactor Services to Service Recipients who wish to use them. Franchisee shall assist Service Recipients with selection of compactors that are compatible with Franchisee's equipment. Bin-by- the-Day Services and Debris Box Services may be used by Residential and Non- Residential Service Recipients to dispose of Bulky Goods and oversized Compostable Materials which would not fit into a normal Garbage Container, or for volumes of Garbage that exceed the normal service provided. In the event of a compactor failure, Franchisee shall provide immediately and within one (1) business day, a sufficient number of containers to satisfactorily accommodate the solid waste generated. For billing and compensation purposes, all Debris Box and Compactor Services and Bin-by-the-Day Services are classified as Extra Services under this Agreement. Maximum charges to the Service Recipients for these services shall be the rates listed in EXHIBIT B. 4. Article 9-Additional Services, Sections 9.1.2, 9.1.3, 9.1.4, and 9.3 are modified and 9 .1.5, 9.1.6, 9.3.1, 9.2.l, 9.2.2, and 9.2.3 are added to read as follows: 13 CC 04-21-20 505 of 548 I' 9 .1.2 Phone and Email Service -A Customer Service Representative shall be available at all times at the Franchisee's principal office, and shall be accessible by a local toll-free telephone number to City and Service Recipients at least during the hours of 7:30 AM to 4:30 PM, Monday through Friday, except for Holidays. The Franchisee shall maintain an email address for customers to use. All customer service representatives shall be knowledgeable about all services offered under this Agreement, including the availability to multi-family Residential Service Recipients of On-Call Collection Services as detailed in Exhibit E, and able to assist on any matters which relate to the Franchisee's performance of services. The Franchisee shall respond to all calls, emails, and walk-in requests regarding missed service, damaged or leaking bins, leaking collection vehicles or collection bins that have been placed by Franchisee in driveways or in the middle of the street, within one (1) Working Day of Service Recipient's request for assistance. A telephone answering machine shall be available for customers to leave a message at all times. The telephone numbers shall be listed on the Franchisee~s website for Cupertino Service Recipients. Franchisee shall maintain an emergency telephone number for use when the listed telephone number is not attended. The emergency telephone number shall be available only to City Representative and designees . 9.1.3 Website -A webpage shall be maintained by the Franchisee which will represent all of the Franchisee's unique services available in the City of Cupertino and will provide easy access to information, as well as instruction on how to maximize and correctly utilize services, especially to help prevent contamination of Recyclable and Compostable Materials that are intended for processing or further use . The website should include a detailed breakdown of debris box and compactor rates. Franchisee shall provide a dedicated email address for customer service and list it on the website . Changes to Recology's website shall be pre- approved by the City. 9.1.4 Service Recipient Inquiries and Complaints -All incoming calls shall be answered within a maximum of four (4) rings. No call shall be "on-hold" in excess of one (1) minute . If City receives more than two (2) complaints a month regarding the amount of time Franchisee placed a caller on hold or if Franchisee did not respond to a caller within four (4) rings, liquidated damages covered under Section 12.5 may be applied . Franchisee shall make return calls to customers from messages received. Franchisee shall make three (3) attempts to return the call within one (1) Working Day of the receipt of the call. If Franchisee is unable to reach the caller in three attempts, Franchisee shall send a postcard to the caller on the second Working Day after the call was received, indicating that the Franchisee has attempted to return the call. All attempts to contact the caller shall be recorded on the log kept b y Franchisee. 14 CC 04-21-20 506 of 548 Franchisee shall record all complaints in a log which includes the date, time, nature of the complaint, complainant's name and address (if the complainant is willing to give this information), and nature and date and manner of resolution of complaint. This log shall be in a format approved by City, and shall be available for inspection by City during Franchisee's office hours upon City's request. Franchisee shall maintain a .computer link that allows the City to access and view the customer service and complaint database at any time from a computer located at the Cupertino City Hall, but the City shall not have the ability to make any changes to the database. 9.1.5 Building Plan Review: Franchisee shall provide assistance to City by reviewing and providing comments on applications for City permits to construct new buildings or to remodel existing buildings. Franchisee shall review building plans for adequate space to accommodate the number and size of containers specified by the applicant for Garbage, Recyclable Materials, and Compostable Materials for adequate collection vehicle access and turnaround. Franchisee shall provide City, within ten (10) business days of receiving the plans, its comments on the plans including any recommendations regarding such matters. Notwithstanding any other provision of this Agreement, Franchisee shall have no liability to City or others with respect to such comments. City understands and agrees that such comments will not represent the opinion of a design, engineering or construction professional. 9.1.6 Waste Characterization (Generation) Studies -To collect greenhouse gas reduction (GHG) data and landfill reduction data required by the City's Climate Action Plan (CAP) to be included in annual updates to City Council, Franchisee shall assist a City-hired consultant to conduct a waste characterization study at all locations where Cupertino materials are comingled or processed with other agencies' materials. The main purpose of the studies is to determine a reasonably methodology which is reasonably accurate for determining the City's percentage of residual that is landfilled as a result of Compostable Materials processing. A secondary purpose of the studies is to gather information regarding the City's Recyclable, Compostable organic, and landfill materials being delivered to processing facilities or landfills from multiple routes and/ or vehicles for the commercial, single-family residenhal, multi-family, and municipal sectors. City shall pay the consultant directly an9 rranchiser sl1all work with the consultant to provide a waste characterization plan for City, approval which details methods, proposes material types to study, dates and times of studies, and number of sites to study in each sector. City staff shall be allowed to observe all studies. 9.2 Public Education & Outreach -Franchisee shall participate in all of the activities designated in the Public Education and Outreach Plan attached to this Agreement as EXHIBIT C. The Franchisee shall implement all of the elements of 15 CC 04-21-20 507 of 548 the Franchisee's On-Going Public Education & Outreach Plan described in EXHIBIT C. Any changes to the Plan by Franchisee must be approved in advance by the City. 9.2.1 Outreach Materials -All printed and digital outreach materials (other than bills) produced by Franchisee relating to services provided under this Agreement, and sent to Service Recipients or distributed publicly as part of Franchisee's public education and outreach activities, shall be approved by City prior to being printed for distribution (such approval not to be unreasonably withheld, conditioned or delayed by City). A draft of all text and illustrations shall be provided to the City at least two weeks in advance of production of the final document. All reasonable comments provided by the City Representative shall be incorporated, and the final version of the text and illustrations shall be acceptable to both City and Franchisee. 9.2.2 Pilot Programs -Franchisee shall support City-paid pilot programs that may be developed by City staff to expand use of available services and pursue highest and best use of materials. (a) Split cart collection of garbage and food scraps and/or split cart recyclables (b) Multi-family valet service -transport waste materials from residents' doors to trash enclosures, (b) Waste leader program -train and engage a network of community recycling and composting waste leaders, and (c) Early collection -additional routes to enhance bicycle safety similar to previous pilots conducted in the tri-school area . 9.2.3 Support of City, County, State, and Federal Policy-Franchisee will support the City's Extended Producer Responsibility Policy and will write letters in support of Legislation promoting extended producer responsibility objectives, philosophies and programs . Franchisee will develop and adopt an extended producer responsibility policy to cover its operations in Cupertino . 9.3 Change in Recyclable or Compostable Materials Collected 9.3.1 Change in Recyclable Materials Collected A. Subject to changing markets for recyclable materials, Franchisee shall timely recommend to City update of Exhibit A to prevent contamination that could cause the Recyclable or Compostable Materials to be rejected at a recycling or composting facility. In the event City or Franchisee, during the term of this Agreement, proposes to add or remove materials to the list of Recyclable Materials to be collected, processed, and marketed by Franchisee, such materials shall be added to or omitted from the list in EXHIBIT A of this Agreement, if mutually agreed to in writing by City and Franchisee. 16 CC 04-21-20 508 of 548 B. If Franchisee proposes the addition or omission of a material, the proposal shall be in writing, and include the extent to which the addition or omission of the proposed material will assist or hinder achieving a 75% diversion rate and would require a modification of the current Recyclable Materials collection vehicles, the use of an additional Recyclable Materials Container, and the use of additional collection vehicles, and shall notify City of the estimated costs of adding the proposed material. C. If City proposes such addition or omission in writing, Franchisee shall submit a written proposal detailing how the materials would be handled and the cost of adding or omitting the materials within thirty (30) calendar days of City's request. City shall respond in writing to Franchisee's description of changes and costs of implementation within thirty (30) calendar days of Franchisee's notification to City. D. Both parties shall negotiate in good faith for the purpose of reaching an Agreement for the addition or omission of the proposed material and a schedule for the implementation of the revised collection of such material. The City Representative is authorized to negotiate on behalf of City and to approve the additional material and implementation schedule, but any agreement which would result in additional compensation to Franchisee, shall not become effective unless approved by the City Council. E. Franchisee shall notify all Service Recipients, and include notification on the Franchisee's Cupertino Services webpage, of the changes in materials being recovered before any changes in the program are implemented. F. During the course of this Agreement, City may approve a ban on landfilling selected material types. This ban will likely take the form of a requirement that the Franchisee not collect Garbage Containers that contain visible quantities of the banned materials. Franchisee agrees that if City does enact such a ban, Franchisee will support this ban by complying with City's request to not collect contaminated loads. In the event of non -collection, Franchisee shall leave a Non -Collection Notice (NCN). 5. Article 11 -Payments to City, Section 11.6 is modified to read as follows: 11.6 Payments to City -Franchisee shall remit to City, within forty (40) days of the end of each month, a Franchise Fee in the amount of twelve percent (12.0%) of all Revenues from all sources relating to this Agreement collected in the prior month, except for the revenues from the sale of recyclable materials and from the Household Hazardous Waste Fee (as defined below). 17 CC 04-21-20 509 of 548 Franchisee shall also remit to City, together with the Franchise Fee, a Solid Waste Fund Operations Fee in the amount of seventeen percent (17.0%) of all Eligible Revenues. Payment of the Franchise Fee and Solid Waste Fund Operations Fee to City shall be accompanied by sufficient documentation to identify the source of all revenues. This documentation shall include, at a minimum, specifics for each account, the amount billed, the amount collected, a listing of accounts which received Excess Services and the amount of Extra Services provided, and a listing of accounts which are delinquent. All fees from the Newby Island landfill for disposal of debris box and compactor loads generated under this Agreement shall be invoiced by Republic Services (Newby Island landfill) to Franchisee, and paid directly to Republic Services by Franchisee, except that fees for disposal of debris box and compactor loads collected by Franchisee from City facilities shall be reimbursed by City to Franchisee as a credit toward the Franchisee's monthly remittance to the City for Solid Waste Fund Operations Fees. Franchisee's payments to Republic Services and requests to the City for reimbursement of City debris box and compactor disposal fees shall be sufficiently itemized and documented in the Franchisee's monthly remittance report to the City. Such reports shall track the debris box and compactor tonnage collected by Franchisee from within the jurisdictional boundaries of the City, the types of materials disposed or recycled, and all disposal fees paid to Republic Services for debris box and compactor loads disposed or processed at the Newby Island landfill. Franchise Fees are due on all revenues and Solid Waste Fund Operations Fees are due on all Eligible Revenues collected from the performance of this Agreement following the termination of this Agreement. 6. Article 12 -Franchisee's Compensation, Section 12.4 is modified to read as follows: 12.4 Cost Adjustment Request for Compostable Materials Processing - Franchisee may propose a cost adjustment for Non-Residential Service if necessary to cover the additional cost of processing collected commercial Compostable Materials above the agreed 2015 baseline amounts 2• However, the City retains the right to approve, disapprove or modify any such request for additional compensation. Franchisee's request shall include a report of revenue collected as a result of this exclusive Franchise Agreement and all costs associated with the processing of additional Compostable Materials at a City approved facility. Increases in revenues to Franchisee from sale of Recyclable Materials (above the revenues from the first year of this Agreement) and from sale of products produced from Compostable Materials Processing shall be used to partially offset the increases in Compostable Materials Processing costs identified 2 The 2015 baseline amounts are 5,879 tons organic materials processed at a co st of$64.29/ton and hauling/loading cost of $16.31 /ton which amounts were included in the 5.28% commercial & multi-family rate increase effective July 1, 2016. 18 CC 04-21-20 510 of 548 in subsequent years. To evaluate any such changes in cost, the City may direct and pay for an audit to establish Franchisee's cost and revenue. The audit may include, but will not necessarily be limited to, quantifying increased cost of processing commercial organics, if any; quantifying revenue collected as a result of this exclusive Franchise Agreement; and itemizing costs associated with processing of Compostable Materials at a City approved facility . Franchisee will provide the_ City with annual reports (by March 2 each year, for the period of January 1 through December 31 of previous year) using the same metrics as used in the City's 2016 audit, and showing Franchisee's actual costs to process Compostable Materials. Franchisee will assist and accommodate any City directed and paid audits as necessary to determine any cost adjustments that may be necessary to fund the Compostable Materials Processing services. If Franchisee does not request a cost adjustment within ninety (90) calendar days of the of the calendar year, in any given year of this Agreement, the cost adjustment claim for that year shall be deemed waived for all purposes, and Franchisee will not be entitled to additional compensation. For cost adjustment proposals timely received by City, City retains the right to approve, disapprove or modify them . As used herein, "cost adjustment" means an increase in maximum rates and/or a payment by City to Franchisee, if necessary to cover the additional cost of processing Non-Residential Compostable Materials collected above the agreed 2015 baseline amounts3 • I . , (."'.l ._~ J )(') t ,.,~ ,J-t 7. Article 17 -General Provisions, Section 17.22 is modified to read as:fo>H ow ~ 17.22 Entirety: Agreement and Exhibits -The Agreement dated Ma 1-, (:)10 hnd the First Amendment dated September 2, 2014 and this Second Amendment dated December 19, 2017 represent the entire Agreement of City and Franchisee with respect to the services to be provided under the Agreement and supersedes and merges all prior written and oral statements, proposals, representations and agreements between the parties. The May 18, 2010 Exhibits D and E and amended December 19, 2017 Exhibits A, B, C, F, G, and H are hereby incorporated into this Agreement and made a part of this Agreement as though fully set forth herein. 8. Exhibits -Exhibits A, B, C, F, G, and H, amended dated December 19, 2017 (attached) hereby replace Exhibits A, B, C, F, G, and H to the Agreement. Any reference to the following Exhibits in the Agreement or Amendment refers to the Exhibit amended dated December 19, 2017: Exhibit A -Recyclable and Compostable Materials Exhibit B-Schedule of Approved Maximum Rates 3 The 20 I 5 base line amounts are (5 ,879 tons organi c materials process ed at a co st of $64.29 /ton and hauling/lo ading co st of $ I 6.3 I/ton whi ch amounts were included in th e 5.28% commercial & multi-fam ily rate in crease e ffec t ive Jul y I, 2016. 19 CC 04-21-20 511 of 548 Exhibit C -Public Education and Outreach Plan Exhibit F -City Facilities Services Exhibit G -Access to Records and Reporting Requirements Exhibit H -Diversion Goals 9. 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 IN WITNESS WHEREOF, the parties hereto have caused this amendment of Agreement to be executed. Recology Cupertino Date \ / 1 kl\ 55 ftecology .. Reviewed by: ~ J. Sangiacomo A ~~ By (~ City Clerk, Grace Schmidt 2 --:f' -( {" 20 CC 04-21-20 512 of 548 EXHIBIT A: RECYCLABLE AND COMPOST ABLE MATERIALS (Amended December 19, 2017) "Recyclable Materials" include: • Aluminum cans • Aseptic containers (like those used for milk and juice) • Glass bottles and jars of all colors • Paper including newspaper and advertising inserts, magazines, catalogs, envelopes, junk mail and post-it notes, paperboard , flattened cereal and cracker boxes, shoe boxes , gift boxes, paper egg cartons, construction paper, white and colored paper, telephone books, paperback books, hardback books, wrapping paper, flattened corrugated cardboard boxes [boxes need not to be bundled], and brown paper grocery bags; and other similar materials) • Plastic bags (like those used for dry cleaning, newspapers, groceries or shopping) • Plastic bottles,jars, tubs and containers (#1-#7) • Rigid Plastic household items and toys • Scrap and cast aluminum foil and pans (not exceeding forty (40) pounds in weight nor two (2) feet in any dimension for any single item) • Scrap metal (including car parts that are drained of all fluids) pieces not exceeding fo1ty ( 40) pounds in weight nor two (2) feet in any dimension for any single item • Small kitchen appliances (such as toasters, blenders , hand mixers, handheld or other small electric fans) • Steel cans including "tin " cans, empty aerosol cans , and bimetal containers; • Used motor oil (in plastic containers with a screw on lid only) • Used motor oil filters (in sealed plastic bags only) • Used cooking oil (in plastic containers with a screw on lid only) • Small dry-cell batteries (in sealed plastic bags only) • Compact fluorescent bulbs ( one or more contained in a sealed plastic bag) • Any other materials mutually agreed to by City and Franchisee, which are separated by the generator from other discards for the purpose of returning them to economic use. For the purposes of calculating tonnages and diversion, "Recyclable Materials" does not include residue. "Residue " is the material that cannot be recycled or composted or otherwise diverted from landfill that is separated out from Recyclable Materials or Compostable Materials and sent to a landfill. "Contamination" refers to materials that do not belong in one waste stream appearing in that waste stream in excess of 10 % by visual inspection. A "contaminated load" is a load of collected material that has extraneous material in a volume deemed to be greater than 10% by visual inspection. Franchisee will run its "Coats and Blankets for Kids" program in the fall or winter of every year and expand the program to include blankets . Franchisee will promote this program through its residential newsletter, website, quarterly utility bill inserts, newspaper ads , and the City's website and access channel. Franchisee will launder the coats and blankets and donate them to local non-profit organizations to keep children and adults in need warm through the winter months. "Compostable Materials" includ e : • organic materials generated from tree trimming, shrubbery pruning, vegetative garden wastes, dead plants, weeds , leaves, grass clippings, and non-food vegetative matter 21 CC 04-21-20 513 of 548 • all food soiled paper, such as napkins , towels, plates, tissue , cups , and take-out containers, and including pizza boxes and waxed cardboard boxes • All food products and bones, such as chicken, turkey , fish, beef, and pork • Coffee grounds, tea bags and filters • Dairy products • Pasta, bread and dough products • All fruit and vegetables • Paperboard milk cartons All Compostable Materials must fit entirely within the Compostable Materials Container(s) provided. For the purposes of calculating tonnages and diversion , "Compostable Materials" does not include residue. "Residue" is the material that cannot be recycled or composted or otherwise diverted from landfill that is separated out from Recyclable Materials or CompostableMaterials and sent to a landfill. "Contamination" refers to materials that do not belong in one waste stream appearing in that waste stream in excess of an estimated 10% by visual inspection. A "contaminated load " is a load of collected material that has extraneous material in a volume deemed to be greater than l 0% by visual inspection. Collection of E-Waste and U-Waste Franchisee will collect used motor oil , filters , compact fluorescent lamps (CFLs) and dry cell batteries-from single-family (not commercial or multi-family) Service Recipients on regular collection days. Motor oil will be placed in the original retail container or other sealed , clear, plastic, or one-gallon containers approved by Franchisee, oil filters in clear zip lock bags , batteries in separate clear zip lock bags , and CFLs in separate clear zip lock bags . These materials will be placed on the ground at the curb, next to the Garbage or Recyclable Materials Containers by the Service Recipient. All Electronicwaste and Universalwaste will be collected through the on-call collection services program , as set forth in Section 4.12 and EXHIBIT E. All collected E-Waste and U-Waste material will be brought back to the Recology y ard , located at 650 Martin A venue , and segregated into separate containers. All collected batteries, CFLs, £-Waste and U-Waste will be recycled through AERC, Franchisee 's permitted processor . All collected used oil and filters will be recycled through Evergreen Environmental , Franchisee's permitted processor. Franchisee will not separately charge the City for disposal of any E- Waste or U-Waste collected from residents. 22 CC 04-21-20 514 of 548 EXHIBIT B: Amended December 19, 2017 SCHEDULE OF APPROVED MAXIMUM RA TES Recology Maximum Rates for the City of Cupertino Effective Novem her 1. 2017 Service Description B.1. RESIDENTIAL SERVICE SINGLE FAMILY (Monthly Rate): Curbside Curbside Curbside Curbside Walk-up Walk-up Walk-up Walk-up HILLSIDE (Monthly Rate): Roadside Roadside Roadside Roadside 1 32-gallon cart 1 64-gallon cart 1 96-gallon cart Each Additional Cart 1 32-gallon cart 1 64-gallon cart 1 96-gallon cart Each Additional Cart Additional Organics/YW Ca1t 1 32-gallon cart 1 64-gallon cart 1 96-gallon cart Each Additional Cart DUPLEX/MULTIPLE UNITS & Y ARDW ASTE EXEMPT (Monthly Rate) Front l 32-gallon cart Front 1 64-gallon cart Front 1 96-gallon cart Front Each Additional Cart Back l 32-gallon cart Back l 64-gallon cart Back l 96-gallon cart SENIOR LOW-INCOME (Monthly Rate): Frontyard/Backyard l 32-gallon cart Exempt (No Yardwaste) I 32-gallon cart Hillside l 32-gallon cart ADDITIONAL CHARGES: Extra Bag Tag 10 Bag Tags Extra Can (I-Time) 23 Maximum Rate $ 25.49 $ 50.99 $ 76.49 $ 25.49 $ 39.18 $ 78.37 $ 117 .55 $ 39 .18 No Charge $ 42.18 $ 84.34 $ 126 .53 $ 42.18 $ 21.57 $ 43 .13 $ 64.70 $ 21.57 $ 33.35 $ 66 .70 $ l 00.05 $ 12.10 $ 10.24 $ 20 .01 $ $ $ 7.43 70.54 12.77 CC 04-21-20 515 of 548 Service Description B.1, RESIDENTIAL SERVICE 24HR CONTAINER SERVICE: Bin By The Day Bin By The Day Bin By The Day 4 Yard 6 Yard · 7 Yard HOUSEHOLD HAZARDOUS WASTE FEE (Monthly Rate): Maximum Rate $ 164.88 $ 201.95 $ 220.47 Single-Family Residence (including units in Multi-Family $0.54 Residences that subscribe for individual MSW cai1 service) Multi-Family Residence (Per unit, for units that do not subscribe for $0.41 individual MSW cart service) LATE CHARGE FEE: 1.2% Per Month Delinquent (Not Compounded) 24 CC 04-21-20 516 of 548 B.2 . NON RESIDENTIAL AND MULTI -FAMILY GARBAGE SERVICE AND NON RESIDENTIAL AND MULTI-FAMILY COMPOSTABLE MATERIALS SERVICE* * Non-Residential & Multi-Family Garbage se,yice and Non-Residential & Multi-Family Compostable Materials service shall never cost more than the rates for Commercial Garbage service for the same quantity ofmaterial Service Freq uency Maximum Descript ion Rate FRONT LOADER CONTAINERS (Monthly Rate): I .5 CY Container IX Week Service $ I 56 .56 1.5 CY Container 2X Week Service $ 313 .16 1.5 CY Container 3X Week Service $ 469.72 I .5 CY Container 4X Week Service $ 626.30 1.5 CY Container 5X Week Service $ 782 .88 1.5 CY Container 6X Week Service $ 939.42 1.5 CY Container Extra Pick-up $ 48.56 2 CY Container IX Week Service $ 187 .92 2 CY Container 2X Week Service $ 375.75 2 CY Container 3X Week Service $ 563.69 . 2 CY Container 4X Week Service $ 751.52 2 CY Container 5X Week Service $ 939.42 2 CY Container 6X Week Service $ 1,127.30 2 CY Container Extra Pick-up $ 60.68 3 CY Container IX Week Service $ 250.51 3 CY Container 2X Week Service $ 501.03 3 CY Container 3X Week Service $ 751.52 3 CY Container 4X Week Service $ 1,002 .08 3 CY Container 5X Week Service $ 1,252.58 3 CY Container 6X Week Service $ 1,503 .09 3 CY Container Extra Pick-up $ 66.36 4 CY Container IX Week Service $ 313.16 4 CY Container 2X Week Service $ 626.30 4 CY Container 3X Week Service $ 939.42 4 CY Container 4X Week Service $ 1,252 .58 4 CY Container 5X Week Service $ 1,565 .75 4 CY Container 6X Week Service $ 1,878 .86 4 CY Container Extra Pick-up $ 82.74 6 CY Container IX Week Service $ 438.40 6 CY Container 2X Week Service $ 876.81 6 CY Container 3X Week Service $ 1,315 .2 0 6 CY Container 4X Week Service $ 1,753.60 6 CY Container 5X Week Service $ 2,192.02 6 CY Container 6:X Week ~~rvice $ 2,630.43 25 CC 04-21-20 517 of 548 B.2. NON RESIDENTIAL AND MULTI-FAMILY GARBAGE SERVICE AND NON RESIDENTIAL AND MULTI-FAMILY COMPOSTABLE MATERIALS SERVICE* * Non-Residential & Multi-Family Garbage service and Non-Residential & Multi-Familv Compostable Materials service shall never cost more than the rates for Commercial Garbage service for the same quantity ofmaterial Service Frequency Maximum Description Rate 6 CY Container Extra Pick-up $ 115.15 8 CY Container IX Week Service $ 563.69 8 CY Container 2X Week Service $ 1,127.30 8 CY Container 3X Week Service $ 1,691.00 8 CY Container 4X Week Service $ 2,254.63 8 CY Container 5X Week Service $ 2,818.29 8 CY Container 6X Week Service $ 3,381.96 8 CY Container Extra Pick-up $ 148.93 *Pushout Container IX Week Service $ 55.12 Pushout Container 2X Week Service $ 110 .55 Pushout Container 3X Week Service $ 165.52 Pushout Container 4X Week Service $ 220.80 Pushout Container 5X Week Service $ 276.06 Pushout Container 6X Week Service $ 331.43 * Container Pushout charges shall only apply to containers moved more than 25-feet to get them to the truck . Key Service (service includes unlocking and locking receptacle) COMMERClAL CART RATE: Per Cart Pickup SPECIAL SERVICES: Steam cleaning and re-delivery of bin [ shall be provided once each year without charge], Furnishing Chains (One Time Only) Commercial Multi-Family LA TE CHARGE FEE: 1.2% Per Month Delinquent (Not Compounded) 26 $ 61.39 $ 25.49 $ 96.29 $ 105.65 CC 04-21-20 518 of 548 B.3. COMPACTOR SERVICE Service Description GARBAGE COMPACTOR RATE (Per Cubic Yard) (Monthly Rate): COMPACTOR RA TE-MIXED RECYCLABLE: Hauling Only Per Ton GARBAGE, ORGANICS, AND RECYCLING COMPACTOR RA TES Description Garbage Compactor Rates Per Yard Per Pull Mixed Recycling Compactor Rates Per Pull Mixed Recycling Compactor Rates Per Ton 27 Amount Processor $ 41.46 Newby $ 405.97 BFI $ 62.85 BFI Maximum Rate $ 44.22 $ 405.97 $ 62.85 Dirty NIA $ 509.99 $ 89.78 CC 04-21-20 519 of 548 R.4. DEBRIS-ROX SERVTCE DEBRIS-BOX (UNCOMPACTED) SERVICE (Monthly Rate): 8 Yard Rock Box 6 Tons 8 Yard Rock Box Each Additional Ton 16 Yard Debris Box 3 Tons 16 Yard Debris Box Each Additional Ton 20 Yard Debris Box 4 Tons 20 Yard Debris Box Each Additional Ton 26 Yard Debris Box 4 Tons 26 Yard Debris Box Each Additional Ton 30 Yard Debris Box 5 Tons 30 Yard Debris Box Each Additional Ton 40 Yard Debris Box 6 Tons 40 Yard Debris Box Each Additional Ton WEEKLY RENTAL FEE (Beyond Normal 7 Days): LA TE CHARGE FEE: 1.2% Per Month Delinquent (Not Compounded) SOURCE SEPARATED RECYCLING*: $ 448 .28 $ 43.43 $ 500.37 $ 93.06 $ 558.64 $ 93.06 $ 765.68 $ 93 .06 $ 905.35 $ 93.06 $ 965.79 $ 93.06 $ 151.22 08DOR 08DOR 16-40DOR 16-40DOR Haul Rate Recycling Rate per ton Clean Dirt $ 448.28 $ 43.43 Clean Concrete Asphalt $ 448.28 $ 43.43 OTHER MI SCELLANEOUS RA TES Description Daily Rental Rate For Boxes Beyond 7 Days Weekly Rental Rate For Boxes Beyond 7 Days Clean Wood $ 448.28 $ 43.43 Sheet Rock $ 448.28 $ 43.43 Trip Charge For Empty Debris Box/Compactor (No Dump) Dry Run , Scheduled Service Bin Empty Code RENT RENT TRIP TRIP RELOC CANCL TRIP Amount $ 23.80 $ 151.22 $ 89.66 $ 179.31 $ 89 .66 $ 59 .77 $ 179 .31 Relocate Container After Initial Delivery Same Day Cancelation (No Dump) Steam Clean after exchange bring back to yard EXHIBIT B SHALL BE REVISED TO REFLECT ANNUAL RA TE ADJUSTMENTS PER THE CPI FORMULA SPECIFIED IN TIDS AGREEMENT <Decem6er 201 7 28 Cupertino-Co(Cection .JLgreement CC 04-21-20 520 of 548 EXHIBIT C: PUBLIC EDUCATION AND OUTREACH PLAN (Amended December 19, 2017) Franchisee's outreach and education goal will be to supplement the City's efforts to create visibility, awareness and support for both new and ongoing diversion programs .. The City may develop pilot programs in pursuit of diversion goals. Franchisee will support pilot programs per Section 9.3.2 through accommodations such as, but not limited to, temporary adjustments to collection routes, changes in type or size of collection carts and bins, and changes in signage or labels. Franchisee's focus will be: Proactive Communications: Franchisee will complement the City's communications efforts. Franchisee will: • Comply with all City communications requirements. • Create a clear and compelling direct mail piece that articulates changes, enhancements, schedules, and simple instructions to make participating in the recycling programs easy. • Maintain a website for customer use, with links to additional resources. • Place program advertisements in local newspaper. • Produce and distribute service brochures for single-family and commercial service units. Poster will be provided to commercial service customers also. • Support and participate in the City's events. Being Visible and Accessible during ongoing public education: There will be many opportunities to be visible and accessible as the City continues to roll out its expanded program. Franchisee will: • Support, participate and 10m all City-sponsored events, and festivals as well as community and neighborhood meetings, organized for the purpose of promoting and educating residents relative to the City's program. • Support, participate and join all City-sponsored media initiatives (including the preparation of press kits). • Hold informational meetings at City hall to answer questions and pass out informational brochures. (J)ecem6er 2017 29 Cupertino-Co[fection }1.greement CC 04-21-20 521 of 548 • Franchisee Facilities as a Resource: Franchisee will make their facilities, including the processing facilities to be utilized during the term of the contract, available for the public education process: • With the City's approval and in tandem with its efforts, Franchisee will work to generate and grow media interest by offering facility tours and encouraging them to promote the City's program using these facilities as a focal point. Youth Engagement: • Franchisee will increase efforts to promote recycling in the community and particularly in local schools, recognizing that waste generated by schools in Cupertino affects the City's diversion. Being a Good Neighbor: Franchisee will focus on building a partnership and enrolling the rich expertise that resides within the community to ensure the recycling program is successful. Franchisee will: • Look for and enroll community partners to help conduct public education and community outreach services with particular emphasis on communication with its many constituencies. • Enlist the creativity, support and partnership of community organizations to help promote the City's program. (They will have great ideas!) Proactive Communications: To complement the City's on-going communications efforts, Franchisee will: • Comply with all City communications requirements. • Notify City a month in advance about noticeable operational changes (route audits, website changes). • Attend meetings with the City, monthly for the first year of the amended contract, then quarterly or as needed. Franchisee's management shall convene an internal meeting with drivers and other staff at least once a year to review requirements and provide training. • Produce an annual Public Education & Outreach Plan each year and submit it to the City no later than September 1st each year for the term of the contract • Create annually at least one clear and compelling direct mail piece (multi-lingual) for all residents . This piece will be professionally created and will articulate changes, enhancements, schedules, and simple instructions to make participating in the residential <Decem6er 2017 30 Cupertino-Co[fection Jlgreement CC 04-21-20 522 of 548 collection easy for the City's residents. The piece will be made available in Mandarin on Franchisee's website. • Create at least four distinct City-approved public education outreach campaigns per year focusing on increasing diversion. These campaigns will correspond to the seasons of the calendar year and/or program elements that prove to be challenging for residents to understand (because the hauler sees problems in the field that can be corrected through public education). Campaigns could include distribution of tools to aid program implementation, door to door outreach, neighborhood workshops, school assemblies, creek cleanups & associated education, website, and social media. The themes of these campaigns may be as follows: o FALL -Reinforce procedures for participating in the program correctly. Special attention will be paid to educating residents to reduce the most common problems seen during the year. Franchisee will conduct a coat and blanket drive in the fall or winter . o WINTER -Holiday tree recycling -critical information people need to know in order to participate in the program correctly. o SPRING -Review of the basics and remind people what's okay and what's not: • Timeframe in which to set out carts for service: Avoid placing carts out too early (more than 24hrs in advance or more than 12 hours in advance in a bike lane). • Incorporate bike friendly messaging that aligns with the City of Cupertino 2016 Bicycle Transportation Plan. Franchisee shall curb carts to help keep the bike lane clear. • Correct placement of carts for service. • Avoiding contamination: What's acceptable and what's not in Compostable ahd Recyclable Materials Containers. o SUMMER -Reinforce messages emphasized in the spring campaign, and focus on areas where non-compliance has become a problem that public education can correct. Franchisee will: • Develop supplementary simple informational pieces to support the above periodically conducted campaigns. • Maintain an active website for customer use with links to the City's website. ' , I,,, • Create a YOUTH campaign to engage and educate children about this program. • Place promotional ads on all residential collection trucks to promote collecting food scraps in Compostable Containers or proper disposal of household hazardous waste provided <Dece m6er 201 7 31 Cupertino-Co{fe ct ion Jl greemen t CC 04-21-20 523 of 548 the City pays Franchisee for the cost of ad signs and brackets. Recology would invoice the City for truck ads. • Attend meetings with the City to ensure consistency and coordination in all public education and outreach messages and campaigns. Franchisee Facilities as a Community Resource: Franchisee's facilities, including processing facilities, will be made available for City staff and public education purposes. Youth Engagement: Children will be an integral part of our on-going public education efforts. Franchisee will: • Comply with all City requirements relative to engaging youth. In particular, Franchisee will create and implement on an annual basis, a customized Youth Community Outreach Campaign. • Continually promote recycling in the community and particularly in local schools. • Make contact with school leaders to determine the best ways to involve teachers, students and schools as a whole, to engage this special constituency in ways that work for them. • Ensure all Franchisee displays are geared to and easily understood by kids. Promote Community Health and Safety: Franchisee will strive to do this every day in every neighborhood they serve with the goal of expanding the good neighbor efforts that have been successful up to this point. Franchisee will: • Expand the use of community partnerships to gain help in conducting on-going public education and community outreach services. • Enlist the creativity, support and partnership of community organizations to help promote the City's on-going program. • Continue and expand efforts to support worthy community organizations through an on- going charitable cash and in-kind contributions program. • Continue and expand efforts to support community safety and crime prevention programs. This is natural since the trucks are ever-present in the neighborhoods and communities. (J)ecem6er 2017 32 Cupertino-Co[fection )Igreement CC 04-21-20 524 of 548 EXHIBIT F: CITY FACILITIES SERVICES (Amended December 19, 2017) Franchisee shall provide collection and processing of Recyclable and Compostable Materials and collection and disposal of Garbage, at no charge, to the following City facilities: City Hall & community center Library Quinlan Community Center Senior Center Sports Center All City Parks (to be determined) Public Works Service Center Traffic Operations Center (Franco Ct.) McClellan Ranch Preserve Manta Vista Recreation Center Compost Site Special event service at creek cleanups, Fall Festival, Diwali, Lunar New Year, Independence Day, Earth Day, and other events, all as mutually agreed. (j)ecem6er 2017 33 Cupertino-Co[fection }lgreement CC 04-21-20 525 of 548 EXHIBIT G: ACCESS TO RECORDS AND REPORTING REQUIREMENTS (Amended December 19, 2017) City, its employees and agents shall have access to records and files which are generated or created in connection with Franchisee's performance of this contract and the delivery of services. Franchisee shall be required and hereby agrees to provide access to these documents/files to City, its employees and agents during regular business hours and after receiving reasonable notice from City . The information required for the monthly and annual reports in sections 1 through 3 of this Exhibit G, shall meet the reporting requirements of the California Integrated Waste Management Act, as such Act may from time to time be amended . In addition, each Monthly Report shall include the information described in Sections 1 through 3 of this EXHIBIT G. Franchisee shall provide these reports electronically only, in an editable format approved by City, such as Excel or Word. Franchisee shall produce and maintain a list of businesses and business structures that are required by the municipal code and by AB 1826 to subscribe to organics collection service as referenced in Article 4.9. Franchisee shall provide this list to the City at least 6 months prior to the implementation dates specified in Article 4.9. On request, the complete list of businesses and business structures that are required by the municipal code and by AB 1826 to subscribe to organics collection service shall be made available to City within 10 Working Days (up to five times during the Agreement). 1. Monthly Reports. Franchisee shall provide sufficient staff to meet reporting requirements and shall submit, within forty (40) calendar days following the end of each month, a Monthly Report on the amount of Recyclable Materials collected, Compostable Materials collected, Garbage collected and disposed, and materials collected at City-wide recycling events. In such Monthly Reports, Franchisee shall: (i) Report total number of businesses without recycling service and without organics service that reasonably appear, based on subscribed level of service (and, for MFDs, number of units), to be required to recycle or compost per the municipal code, AB 341, or AB 1826; and (ii) List commercial and multi- family accounts that do not subscribe to Recyclable Materials collection service or Compostable Materials Collection service due to a backhaul program utilized by the Service Recipient where Franchisee is aware of such backhauling. To support the City's participation in the U.S. EPA Food Recovery Challenge, the data on Compostable Materials diverted from landfill shall include a breakdown between food waste and yard waste in tonnage rounded to two decimal points .. 1.1 Monthly Summary. The Monthly Report shall contain a summary of the information reported <Decem6er 2017 34 Cupertino -Co[fection .lLgreement CC 04-21-20 526 of 548 pursuant to Section 1 of this EXHIBIT G. Reports shall also contain a description of milestones achieved; changes in staffing levels; a listing of special occurrences such as any drop in tons diverted from the previous month due to contamination; and any other relevant information, including details of any City-wide Re cycling Days which occurred during that month. 1.2 Monthly Report on Debris Box and Compactor Revenue and Disposal Cost. The Monthly Report shall detail separately the monthly tonnage and revenue collected from both debris boxes and compactors (this revenue is excluded from Eligible Revenue). In addition the Monthly Report shall set forth separately for debris boxes and compactors, the landfill disposal costs for all loads excluded from the Eligible Revenue and for which Franchisee pays Newby Island Landfill (Republic Services) directly. 1.3 Sales of Recyclable Materials and Compostable Materials. The Monthly Report shall contain a Monthly Recyclable Materials and Compostable Materials sales statement showing: type of material, the name of each buyer, date of sale, terms of sale, quantity sold (in tons or cubic yards), and net sales (net sales means gross sales minus both sales returns and sales allowances). Tonnages sold at different prices during the month must be reported separately. Adjustments to previous months' sales (such as for contaminants) shall be reported on the current statement a s a reduction in sales and referenced to the statement for the prior month in which the original sale was actually reported. Franchisee shall provide City, in each Monthly Report, a list of addresses for all households that have received a backyard Compost Bin during the month covered by such Monthly Report. 1.4 Contaminants. The Monthly Report shall include a statement of the weight (in tons) of contaminants in the Recyclable Materials and Compostable Materials collected during the month, the weight of the contaminants expressed as a percentage of the Recyclable Materials and Compostable Materials collected, and a description of the disposal methods for the contaminants. On a quarterly basis, Franchisee's monthly report shall include the tonnage4 attributed to Cupertino which was taken to landfills other than Newby Island as residual from organics screening or processing at any Recology facility. The monthly report shall include the Franchisee's methodology for estimating what percentage of jurisdictionally commingled non-compostable tonnage that was landfilled is attributable to Cupertino and reported to CalRecycle through the Disposal Reporting System (DRS). 'Tonn age ro unde d to two d ecimal p oints (J)ece m6er 201 7 35 Cupertino -Co[fect ion Jf.g re ement CC 04-21-20 527 of 548 1} ·1 I The Franchisee's monthly report shall contain information on all loads of Recyclable Materials and Compostable Materials that are rejected at the Recyclable Materials processing facility or Compostable Materials processing facility respectively, including the date and time the load was rejected at the processing facility, the Franchisee truck number, and the materials in the load that required the load to be landfilled. Franchisee shall provide, in each Monthly Report, a list of the Service Recipients' with more than an estimated 10% observed contamination of Recyclable Materials or Compostable Materials that were reported to City under Sections 4.8.3 and 4.9.3. The list of Service Recipients' accounts shall include the business name, account holder's name and contact information, address, the date and time the contaminated load was observed by the driver, the Franchisee truck route, truck number, and the contaminants observed in the load that required non collection, or the load to be landfilled. 1.5 Problems Encountered. The Monthly Report shall include an account of problems encountered during the reporting period in connection with Recyclable Materials and Compostable Materials Collection (including scavenging), processing and/or marketing, a list of Non-Residential Service Recipients that declined to accept Compostable Materials or Recyclable Materials collection, the date the service was declined, the date the City was notified, reasons Non-Residential Service Recipients gave when asked why they declined to accept Compostable Materials or Recyclable Materials service, and the actions taken by Franchisee in response . The report shall include a description of problems relating to non-collection because of contamination in the Recyclable Materials Containers and Compostable Materials Containers or because of blocked access. The report shall also include a description of Recyclable Materials and Compostable Materials rejected at the processing facility (by type of material and tonnages), reason(s) for rejection, and Franchisee's disposal method and final destination for the rejected load. 1.6 Public Education Activities. The Monthly Report shall include a description of the public education and community relations activities performed by Franchisee during the month and Franchisee's evaluation of the success of such activities in promoting the Programs or in addressing problems encountered by Franchisee. 1.7 Service Log. <Decem6er 2017 The Monthly Report shall contain a copy of Franchisee's telephone, e-mail, and voice message complaint log, and include the name and address of each caller, the reason for the call, details on each complaint and a description of how each complaint was resolved. The Monthly Report shall contain a list of all known occurrences of service 36 Cupertino -Co[[ection Jlgreement CC 04-21-20 528 of 548 deficiencies listed in section 12.5 Liquidated Damages including but not limited to all pickups missed, too-early collections, and vehicle fluid leaks that occurred during the reporting period, with the date, the truck route, the truck number, the driver's initials or employee identification number, and a description of the response to each call. 1.8 New Service Recipients. The Monthly Report shall contain a listing of all new Service Recipients, including their name, address and level of service. 1.9 Non-Residential Compostable Materials Service Recipients. The Monthly Report shall include a list of all changes to Non-Residential Service Recipient accounts (e.g. new accounts, changed accounts) that subscribe to Compostable Materials Collection service. This list of changes shall inform the City of the level of service provided (frequency and container size), collection days, the address of the collection location, the address of the account holder if it is different, and if a Non-Collection Notice (NCN) has been left by the Franchisee for such Service Recipient. 1.10 Loads Rejected by the Processor The Monthly Report shall include a list of any Non-Residential loads of (Compostable Materials, Recyclable Materials or Garbage) that are rejected by the processor, the date that the load was rejected, the Service Recipient's name and address, the type of material collected and the reason that the material was rejected. 1.11 Tonnage for Re-TRAC to support City's participation in U.S. EPA's Food Recovery Challenge. Franchisee will enter in the Re-TRAC database, Franchisee's good faith estimates of annual tonnage for Residential and Non-Residential food waste composted (excluding residual). 2. Compost Quality Reports. On April 1 and October 1 of each year of this Agreement, Franchisee shall provide City with copies of Laboratory reports on the quality of the Compost Materials produced from the Compostable Materials collected in City sometime in the prior three months, and on the compost materials provided to City as required in Section 8.1 of this Agreement. 3. Annual Reports. 3.1 Annual Report Submitted By Franchisee. <Decem6er 2017 To be consistent with CalRecyle' s Annual Report periods, Franchisee shall provide its annual report to the City for the calendar year. Within 60 days 37 Cupertino-Co[{ection )1.greement CC 04-21-20 529 of 548 4. following the end of each calendar year, Franchisee shall provide City with an Annual Report containing: a summary report of the Monthly Reports for the year, including information on the total annual quantities of Garbage collected and disposed, Recyclable Materials collected, and Compostable Materials collected. The Annual Report shall detail the Compostable Materials collected broken down by the tonnage and cubic yards of food waste collected and the tonnage and cubic yards of yard waste collected. The Annual Report shall contain a discussion of public awareness activities and their impact on recycling participation and recovered amounts, and a discussion of highlights and other noteworthy program experiences, along with measures taken to resolve problems, increase efficiency, and increase participation. The Annual Report shall also contain a detailed discussion of the progress made during the year toward meeting a fifty percent (50%) diversion rate for Non Residential Service Recipients and for multi-family sectors as calculated in Exhibit H.2. Franchisee shall annually provide, in a Microsoft Excel format, or other electronic format acceptable to City a Residential and Non-Residential report that summarizes container sizes and service levels. City and Franchisee shall meet to discuss incorporating the changes requested and possibly streamlining current reporting items in the monthly report. 3.2 Vehicle Fleet Information. 3.3 Each year of the term of this Agreement, Franchisee shall submit to City, as an attachment to the Annual Report, all information required by Section 6.1.6 of this Agreement. Audited Financials. After the end of each fiscal year of Franchisee, Franchisee shall submit to City a copy of its audited financial statements for such year. Such audited financials shall include all of Franchisee's revenues under this Agreement during such fiscal year. End of Agreement Reports. Reports covering the last period of this Agreement will be due following the end of collection services, on the schedule stated in this EXHIBIT G. (J)ecem6er 2017 38 Cupertino-Co{{ection Agreement CC 04-21-20 530 of 548 EXHIBIT H: DIVERSION (Amended December 19, 2017) H. Calculation to determine the City's diversion rate for 2018 for residential (population) and commercial (employment) sectors. For purposes of determining if the requirements of the Agreement, including those under Paragraph 2.2.1 are met, the following CalRecycle Disposal Reporting System (DRS) "Diversion Equivalent Rate" (DRE) formula shall be used: DRE = [ l _ ( Annual Per Capita Rate) ] X lOO 2 x Target Rate As an example, for Cupertino's Population (Residential) Diversion Rate Equivalent (DRE) for 2012, using the 2012 CalRecycle pounds per person per day target with 2012 annual actual (as shown in the below table), is as follows: CalRecycle Disposal Rate Target for Cupertino for 2012 TARGET 2012 ANNUAL(actual) Population (Pounds/Person/Day) 4.3 2.6 Employment (PPD) 8.1 4.3 DRE= [ 1-( ~)] x 100 2 x4.3 = [ 1 -(~ ) ] X 100 8.6 = [ 1 -0.302 ] X 100 = 69.8 % (approximately) And, for Cupertino's Employment (Commercial) Diversion Rate Equivalent (DRE) for 2012, the equation is: DRE= [ 1 -( __±2__) ] x 100 2 xB.1 = [ 1 -(E) ] x 100 16.2 = [ 1 -0.265 ] X 100 = 73.3 % (approximately) (f)ecem6er 2017 39 Cupertino-Co[fection )1.greement CC 04-21-20 531 of 548 Actual calculations for subsequent years shall be based upon CalRecycle's annual municipal data collected in August of each year for the preceding calendar year (for example, data for 2016 is collected in August 2017). Diversion calculations may exclude C&D tonnages from the Apple Park project due to the project's uniquely large size. H.2 Calculation to determine the City's diversion rate for 2019 for Commercial and Multi- Family Franchisee collection services. Diversion shall be calculated using the following formula: (A+ B) I (A+ B + C) = Diversion percentage for Commercial and Multi-Family A= Tons of recycled Commercial and Multi-Family materials B = Tons of composted Commercial and Multi-Family materials C= Tons of Commercial and Multi-Family material landfilled Residue from processing recyclables and compostables that are landfilled shall be counted in the tons of commercial and multi-family material landfilled, not as tonnage recycled or composted. Diversion Program Features Single-Family Residential Services: • Provide each residential customer with a dishwasher-safe, pitcher or pail. These pitchers or pails can be used for the in-home storage of compostable organic materials. The dishwasher compatible pitcher or pail will be convenient for residents to clean and maintain. • Single-stream collection of commodities listed below at "Recyclable Commodities" • Curbside collection of CFL bulbs in clear zip lock bags • Curbside collection of dry cell batteries and cell phones in clear zip lock bags • Curbside collection of used motor oil in 1-gallon containers and used oil filters in clear zip lock bags • Curbside collection of E-Waste and U-Waste through on-call collection programs (J)ecem6er 2017 40 Cupertino-Co{{ection )Igreement CC 04-21-20 532 of 548 • On-call collection of material and diversion of all recyclable and reusable materials • Curbside collection of cooking oil, in 1-gallon containers marked as "Cooking Oil" • Curbside collection of "Coats and Blankets for Kids" every fall • Provide a four times-per-year "Environmental Day" for the collection of recyclable commodities listed below at "Recyclable Commodities" • Distribute public outreach material highlighting the recyclables and organics collection programs • By May l, 2018, develop a three-minute "How to Utilize Your Organics and Recycling Cart" video for viewing on the City of Cupertino Cable access channel and for schools Multi-Family Residential Services: • Two On-Call collections for each resident per year at no charge per EXHIBIT E. Each multi-family complex shall be entitled to up to two on-call collections times the number of units in the complex, per year. • Conversion to single-stream collection of commodities listed below at "Recyclable Commodities" • Contact management of every MFD complex to initiate or expand recycling services • Provide to each MFD unit whose complex participates in the organics collection service, a dishwasher-safe, one-half to one gallon capacity container, for the in-home storage of Compostable Materials. • Provide each MFD unit with a "Recycling Tote Bag" for the in-home storage of single- stream recyclables • Collection of E-Waste and U-Waste through on-call collection programs • Provide drop-off containers at MFD management offices for dry cell batteries and cell phone recycling • Arrange HOA presentations on the recyclables and organics collection programs • Distribute public outreach material highlighting the recyclables and organics collection programs ([)ec em6er 201 7 4 1 Cupertino-Co[fection }lgreement CC 04-21-20 533 of 548 • • By May 1, 2018, conduct a Recyclin9 ~litz at large multi-family developments. Recology Zero Waste Coordinators and Management will visit buildings on Saturdays to distribute "Buddy Bags" to help residents sort recyclables, along with a brochure guide By May 1, 2018, develop a three-minute "How to Utilize Your Organics and Recycling Cart" video for viewing on the City of Cupertino Cable access channel and for schools Commercial Services: • Conversion to single-stream collection of commodities listed below at "Recyclable Commodities" • Contact every new commercial customer to initiate or expand recyclables and organics collection services • Upon request, provide each commercial customer with a "Slim Jim' container for the indoor accumulation of organics materials • Arrange presentations of recycling programs at civic groups, schools, community functions, City events, City and Recology websites, and the City access channel • Distribute public outreach material highlighting the recyclables and organics collection programs • Lend Clear Stream stands upon request for large Cupertino school events such as football games. Especially to divert food and compostable material. <Decem6er 2017 42 Cupertino -Co{Cection Jlgre ement CC 04-21-20 534 of 548 THIRD AMENDMENT TO FRANCHISE AGREEMENT BETWEEN THE CITY OF CUPERTINO AND RECOLOGY CUPERTINO FOR COLLECTION AND PROCESSING OF RECYCLABLE AND COMPOSTABLE MATERIALS,AND THE COLLECTION AND DISPOSAL OF GARBAGE This Third Amendment to the Franchise Agreement between the City of Cupertino and Recology Cupertino for Collection and Processing of Recyclable and Compostable Materials, and the Collection and Disposal of Garbage, for reference dated February 4, 2020 is by and between the CITY OF CUPERTINO, a municipal corporation("CITY"), and Recology Cupertino, a California corporation("Franchisee"), and is made with reference to the following: RECITALS: A. City and Franchisee are parties to a Franchise Agreement for Collection and Processing of Recyclable and Compostable Materials,and the Collection and Disposal of Garbage dated May 18,2010, as amended by a First Amendment dated September 2,2014 and a Second Amendment dated December 19,2017(such agreement as so amended,the"Agreement"). B. Pursuant to the Agreement,Franchisee contracted with the Household Hazardous Waste Collector to provide the Household Hazardous Waste Program ("HHW Program") (all capitalized terms not otherwise defined herein are as defined in the Agreement). The HHW Program generally consists of on-call curbside collection of household hazardous waste ("HHW") from single-family and multi-family residences within City. The HHW Program was funded by a Household Hazardous Waste Fee ("HHW Fee") collected by Franchisee from Residential Service Recipients. C. Beginning in late December 2018, Household Hazardous Waste Collector stopped providing HHW Collection services within City, citing permitting issues with its Hayward facility. Franchisee indicates it is unable to identify a replacement Household Hazardous Waste Collector or otherwise provide the HHW Program. i D. Santa Clara County offers drop off disposal of HHW ("County HHW Program") for residents of participating cities. While not as convenient for City residents as a curbside program,the County HHW Program provides an option for residents to safely dispose of HHW. E. City and Franchisee have determined that the best course of action is to delete the HHW Program from the Agreement and refund to customers the HHW Fee amounts collected since January 1,2019, as provided herein. F. Due to the termination of the HHW Program, the City expects increased participation in the County HHW Program to result in the City incurring unanticipated and otherwise 1 CC 04-21-20 535 of 548 i I i unreimbursed expenses and reductions in program funding for the term of the Agreement. G. Consistent with the Agreement at Section 12.6, City and Franchisee agree that for the period beginning January 1,2019 and through the duration of the Agreement,Franchisee shall compensate the City for the city losses associated with termination of the HHW Program, as provided herein. H. In addition, City and Franchisee wish to adjust the schedule of approved maximum rates that may be charged by Franchisee to fund additional costs of recyclables processing resulting from changes in the recyclables marketplace as a consequence of China's National Sword policy. I.City and Franchisee desire to modify the Agreement as set forth in detail below. NOW, THEREFORE,it is mutually agreed by and between the undersigned parties as follows: 1. Effective January 1,2019,Article 4—Collections Services,Section 4.17, is hereby modified to read as follows: 4. 17 Household Hazardous Waste Collection—The Household Hazardous Waste Program previously provided under this Agreement is terminated effective January 1,2019." 2. Effective January 1, 2019, Article 12 —Franchisee's Compensation, Section 12.7 is hereby modified to read in its entirety as follows: 12.7 Household Hazardous Waste Fee — Franchisee shall cease collecting the Household Hazardous Waste Fee previously established under this Agreement. To the extent Franchisee billed Residential Service Recipients for such fee on or after January 1, 2019, Franchisee shall issue a one-time credit to such affected customers in the amount so billed and shall note such credit as a line item on the customer's bill.The foregoing actions shall be taken,with respect to each affected Residential Service Recipient, on the next regular billing cycle for that customer that begins at least one (1) week after the effective date of this Third Amendment to this Agreement. Franchisee shall pay City the amounts specified in this paragraph to compensate the City for losses associated with termination of the HHW Program(such losses, City Losses," and such payment, the "City Payment"). The City Payment for a given calendar year shall equal(i)the number of car loads actually dropped off by Cupertino residents at County HHW events and at the Las Plumas facility during the year (together, the "County HHW Program"), multiplied by the then- 2 CC 04-21-20 536 of 548 applicable cost per car charged by the County to the City for each such drop-off, all as reported by the County to the City, plus (ii) a fixed sum of$48,611 per year, provided,however,that the total City Payment for a given calendar year shall not exceed $93,535. The City Payment shall be payable for calendar years 2019 and 2020, and for the month of January 2021, it being understood that the City may invoice the Franchisee for partial years(e.g.quarterly,or for the month of January 2021), in which caso the numbers in the preceding sentence shall be prorated.The City will invoice Franchisee for the amount of the City Payment promptly after receipt of the County's invoice to the City for the County HHW Program, which City shall provide to Franchisee with City's invoice. Within thirty (30) calendar days after the City bills Franchisee, Franchisee shall remit to the City the full amount invoiced, provided the same is consistent with this paragraph. Payment by the Franchisee of the amounts specified in this paragraph shall constitute full and complete compensation for and satisfaction of any and all claims the City may have against the Franchisee relating to termination of the HHW Program. Example of City Payment Calculation: If for a given 6-month period the County reports the following: Cupertino residential dropoffs at County HHW events:399 car loads Cupertino residential dropoffs at Las Plumas facility:300 car loads car at County HHW events:$38.65 car at Las Plumas facility: $6.25 then the City Payment for that 6-month period would be calculated as follows: City Payment =(399*$38.65)+(300*$6.25)+$24,305.50 prorated fixed sum 15,421.35+$1,875.00+$24,305.50 41,601.85 3. Effective January 1, 2019, the following sections and exhibits are hereby deleted in their entirety: Sections 1.24("Household Hazardous Waste Collector"definition) Section 1.25("Household Hazardous Waste Program" definition) Exhibit I(Household Hazardous Waste Collection) Exhibit K (Proposal, Door-to-Door Household Hazardous Waste Management Program,City of Cupertino,April 21,2009) i 4. Effective January 1, 2019, the references to the "Household Hazardous Waste Fee" in I Sections 1.14 (Eligible Revenue), 11.6 (Payments to City) and 12.8 (Change in City Fees), and the entire sentence referencing the "HHW Collector"in Section 14.5(Subcontractors), are hereby deleted. 5. Effective January 1, 2020, Exhibit B -- Schedule of Approved Maximum Rates, attached hereto, replaces Exhibit B to the Agreement. The maximum rates in Exhibit B, attached 3 CC 04-21-20 537 of 548 i hereto,reflect removal of the Household Hazardous Waste Fee,and inclusion of an amount to cover the higher cost of recyclables processing ($2.24/month for single-family Service Recipients, and 3.93%for all other categories of Service Recipients). 6. 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. References herein to sections and exhibits refer to sections and exhibits of the Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Third Amendment as of the date first written above. Recology Cupertino, CITY OF CUPERTINO, A California Corporation A Municipal Corporation By . By President&CEO, ch J. Sangiacomo City Manager,Deborah L. e g APPROVED AS TO FORM: Reviewed by: By -93"4 Ark' l/\ City Attorney,Heather Minner ATTEST: By City Clerk,Kirsten Squarcia 2J1 d (z..a 4 CC 04-21-20 538 of 548 EXHIBIT B: SCHEDULE OF APPROVED MAXIMUM RATES (effective January 1,2020) attached] 5 CC 04-21-20 539 of 548 EXHIBIT B:Amended February 4, 2020 SCHEDULE OF APPROVED MAXIMUM RATES Recology Maximum Rates for the City of Cupertino Effective January 1, 2020 13.1. RESIDENTIAL RATE SCHEDULE City of Cupertino Effective January 1,2020 Single Family Dwelling Curbside 32 gallon 29. 60 Curbside 64 gallon 56. 97 Curbside 96 gallon 84.34 Curbside Add'I Cart 27.36 Walk-up 32 gallon 44.30 Walk-up 64 gallon 86.36 Walk-up 96 gallon 128.41 Walk-up Add'I Cart 42. 06 Additional Organics/YW Toter: No Charge YW Exempt Residents Are Entitled To A 32g Organics cart: No Charge Hillside Roadside 32 gallon 47.52 Roadside 64 gallon 92.76 Roadside 96 gallon 138.05 Roadside Add'I Cart 45.28 Duplex/Multiple Units&Yardwaste Exempt Curbside 32 gallon 25.39 Curbside 64 gallon 48.53 Curbside 96 gallon 71.69 Curbside Add'I Cart 23.15 Rear 32 gallon 38.03 Rear 64 gallon 73.83 Rear 96 gallon 109.62 Senior Low Income Rates Front/Back Yard 32 gallon 15.22 Yard Waste Exempt 32 gallon 13.23 Hillside 32 gallon 23.72 Additional Charges 24 HR Container Service Extra Bag Tag 7.96 Bin By The Day 4 Yard $176.98 10 Bag Tags 75.72 Bin By The Day 6 Yard $216.75 Extra Can (1-Time) 13.71 Bin By The Day 7 Yard $236.64 Late Charge Fee 1.2% Per Month Deliquent Not compounded) CC 04-21-20 540 of 548 13.2. MULTI-FAMILY RATE SCHEDULE City of Cupertino Effective January 1, 2020 Front Loader Containers 1.5 CY 1XWK 174.64 1. 5 CY 4XWK 698.63 FTL1 1.5 CY 2XWK 349. 33 1. 5 CY 5XWK 873.30 1.5 CY 3XWK 523.97 1. 5 CY 6XWK $1,047.93 Extra P/U = 54.17 2 CY 1XWK 209.63 2 CY 4XWK 838.32 FTL2 2 CY 2XWK 419.14 2 CY 5XWK $1,047.93 2 CY 3XWK 628.79 2 CY 6XWK $1,257.49 Extra P/U = 67. 69 3 CY 1XWK 279.45 3 CY 4XWK $1,117.82 FTL3 3 CY 2XWK 558.89 3 CY 5XWK $1,397.25 3 CY 3XWK 838.32 3 CY 6XWK $1,676.69 Extra P/U = 74.03 4 CY 1XWK 349.33 4 CY 4XWK $1,397.25 FTL4 4 CY 2XWK 698.63 4 CY 5XWK $1,746.59 4 CY 3XWK 1,047.93 4 CY 6XWK $2,095.86 Extra P/U =92.3 6 CY 1XWK 489.03 6 CY 4XWK $1,956.14 FTL6 6 CY 2XWK 978.07 6 CY 5XWK $2,445.18 6 CY 3XWK 1,467.10 6 CY 6XWK $2,934.23 Extra P/U = 128.45 8 CY 1XWK 628.81 8 CY 4XWK $2,515.03 FTL8 8 CY 2XWK 1,257.49 8 CY 5XWK $3,143.79 8CY 3XWK 1,886.31 8CY 6XWK $3,772.57 Extra P/U = 166.13 Pushout Service Code 1XWK 61.50 4XWK 246.29 FTLPO 2XWK 123.31 5XWK 307.42 3XWK 184.63 6XWK 369.76 Pushout service only applies if containers are moved more than 25ft. Key Service Code Special Services 114.16 68.48 FTLK Steam Clean and Re-Delivery of Bin Shall be provided once per year w/o charge) Furnishing Chains (One Time Only) Compactor Per Cubic Yard Mixed Recy Compactor 49.33 Hauling Only 452.85 Per Ton 70.09 CC 04-21-20 541 of 548 B.3. COMMERCIAL RATE SCHEDULE City of Cupertino Effective January 1,2020 Front Loader Containers Codes 1.5 CY 1XWK 174.64 1. 5 CY 4XWK 698.63 FTL1 1. 5 CY 2XWK 349.33 1.5 CY 5XWK 873.30 1.5 CY 3XWK 523.97 1.5 CY 6XWK 1,047.93 Extra P/U= 54.17 2 CY 1XWK 209.63 2 CY 4XWK 838.32 FTL2 2 CY 2XWK 419.14 2 CY 5XWK 1,047.93 2 CY 3XWK 628.79 2 CY 6XWK 1,257.49 Extra P/U = 67.69 3 CY 1XWK 279.45 3 CY 4XWK 1,117.82 FTL3 3 CY 2XWK 558.89 3 CY 5XWK 1,397.25 3 CY 3XWK 838.32 3 CY 6XWK 1,676.69 Extra P/U= 74.03 4 CY 1XWK 349.33 4 CY 4XWK 1,397.25 FTL4 4 CY 2XWK 698.63 4 CY 5XWK 1,746.59 4 CY 3XWK 1,047.93 4 CY 6XWK 2,095.86 Extra P/U= 92.3 6 CY 1XWK 489.03 6 CY 4XWK 1,956.14 FTL6 6 CY 2XWK 978.07 6 CY 5XWK 2,445.18 6 CY 3XWK 1,467.10 6 CY 6XWK 2,934.23 Extra P/U= 128.45 8 CY 1XWK 628.81 8 CY 4XWK 2,515.03 FTL8 8 CY 2XWK 1,257.49 8 CY 5XWK 3,143.79 8CY 3XWK 1,886.31 8CY 6XWK 3,772.57 Extra P/U= 166.13 Pushout Service Code 1XWK 61. 50 4XWK 246.29 FTLPO 2XWK 123.31 5XWK 307.42 3XWK 184.63 6XWK 369.76 Pushout service only applies if containers are moved more than 25ft. Commercial Garbage Cart Key ServicE Code 32g Increments 27.76 68.48 FTLK Special Services 117.85 Compactor Per Cubic Yard Steam Clean and Re-Delivery of Bin 49.33 Shall be provided once per year w/o charge) Mixed Recy Compactor Furnishing Chains(One Time Only) Hauling Only 452.85 Per Ton 70.09 Return Trip Fee$15.00 CC 04-21-20 542 of 548 B.4.DEBRIS BOX RATE SCHEDULE City of Cupertino Effective January 1,2020 Description 16DO 201DO 26DO 30DO 40DO Allowed Tons 3 4 4 5 6 Base Rates 558.16 623.16 854.12 1,009.91 1,077.33 Add'I Tons 103.82 103.82 103.82 103.82 103.82 Processor Newby Newby Newby Newby Newby Source Separated Recycling OSDOR 08DOR 08DO 16MR-4ODOR 16©OR-40DOR Clean Concrete Mix rock, dirt& Price Code 8 Clean Dirt Asphalt concrete Clean Wood Sheet Rock Allowed Tons 6 Haul Rate 500.05 500.05 869.57 500.05 500.05 Recycling Process Rate per ton 48.45 48.45 48.45 48.45 48.45 Note: Source Separated Recycling Loads will be charged the regular box rate if contaminated or mixed Other Miscellaneous Rates Description Code Amount Daily Rental Rate For Boxes Beyond 7 Days RENT 26.54 Weekly Rental Rate For Boxes Beyond 7 Days RENT 168.69 Trip Charge For Empty Debris Box/Compactor No Dump)TRIP 100.01 Dry Run, Scheduled Service Bin Empty TRIP i200.O2 Relocate Container After Initial Delivery RELOC 100.01 Same DaV Cancelation No Dump) CANCL 66.68 Steam Clean after exchange bring back to yard TRIP 200.02 Garbage, Organics,and Recycling Compactor Rates Description Amount Processor Dirt Garbage/Organics Compactor Rates Per Yard Per Pull 47. 06 Newby N/A Mixed Recycling Compactor Rates Per Pull 452.86 BFI 568.89 Mixed Recycling Compactor Rates Per Ton 70.11 BFI 100.13 CC 04-21-20 543 of 548 January 29, 2020 Roger Lee City of Cupertino, Public Works Director City Hall 10300 Torre Avenue Cupertino, CA 95014 Re: Negotiation of New Franchise Agreement Dear Mr. Lee, On behalf of our employee-owners, Recology Cupertino hereby expresses its interest in negotiating a new 10-year franchise agreement with the City of Cupertino, to commence immediately after the expiration of our current Franchise Agreement on January 31, 2021. Section 2.2 of the current Franchise Agreement gives the City the option to negotiate a new 10-year agreement with Recology, if the 4 conditions listed in §2.2.1 to 2.2.4 are met. We believe we have satisfied all 4 conditions. We have cooperatively and proactively worked with the City to limit cost adjustment requests (§2.2.3), and to increase diversion, reduce contamination and expand organics services (§2.2.2). By this letter, we are notifying the City by January 31, 2020 of our intent to negotiate a new agreement (§2.2.4). The remaining condition (§2.2.1) is that, “to the maximum extent possible,” Recology achieve 75% diversion for 2018 based on CalRecycle’s diversion rate equivalent (DRE) formula for the residential and commercial sectors. Though the actual number was 72.1%, we believe the condition was satisfied because we achieved the goal to the maximum extent possible. Further, the main reason for not reaching the goal was China’s National Sword policy, which the Franchise Agreement explicitly recognizes as a valid reason for not achieving 75% diversion. Footnote 1 of §2.2.1 states that the 75% goal “is subject to available markets for recyclable materials,” and describes National Sword as “of particular concern” in that regard. In short, while the goal was not met, the condition was. For the above reasons, we believe the negotiations contemplated by the current Franchise Agreement can proceed if the City wishes. Even if the conditions were not met, we believe the City has the authority under applicable law to undertake such negotiations. As discussed in our January 16th meeting, if the negotiations appear likely to extend beyond the January 31, 2021 expiration date for the current agreement, we would be amenable to extending the current agreement for an additional 11 months (through December 31, 2021), provided the extension is coupled with a mutually agreed adjustment to Recology’s compensation for those additional months. Attachment ECC 04-21-20 544 of 548 Page 2 of 3 We look forward to meeting with the City to begin negotiations. Please do not hesitate to contact me if you need additional information. For ease of reference, the calculation of the 72.1% DRE figure, and the full text of footnote 1 of §2.21, are attached to this letter as Attachment A. Sincerely, John Zirelli General Manager Recology Cupertino cc: Ursula Syrova, Environmental Programs Manager Alex Wykoff, Environmental Programs Division Mario Puccinelli, Recology South Group Manager Carl Mennie, Recology South Group Controller CC 04-21-20 545 of 548 Page 3 of 3 Attachment A 1. 2018 CalRecycle Diversion Rate Equivalent (DRE) Calculation Target 2018 Annual (Actual) Population (Pounds/Person/Day) 4.3 3.1 Employment (PPD) 8.1 3.2 Population (Residential Calculation): DRE= (1- ( 3.1 ) x 100 = (1-.360) x 100 = 64% (2 x 4.3) Employment (Commercial/Multi-Family Calculation): DRE= (1-3.2) x 100 = (1-.198) x 100 = 80.2% (2 x 8.1) Average Cupertino Residential and Commercial/Multi-Family Diversion 2018 64% + 80.2% / 2 = 72.1% 2. Text of Footnote 1 to Section 2.2.1 of Current Franchise Agreement “The City’s 75% diversion goal, set in 2010, is subject to available markets for recyclable materials (e.g. mixed paper, old newspaper, plastics, etc.). Of particular concern in Fall 2017 is that China notified the World Trade Organization in July 2017 that by end of 2017 it would ban imports of 24 kinds of solid waste, including unsorted waste paper, waste plastics, most scrap plastics including PET, PVC polyethylene, polystyrene, mixed paper, slag from steelmaking, and waste textiles.” CC 04-21-20 546 of 548 March 25, 2020 Via US Mail and Email John Zirelli Recology South Bay 1675 Rogers Ave San Jose, CA 95112 Email: JZirelli@Recology.com Re: Negotiation of New Franchise Agreement Dear Mr. Zirelli, In response to your letter of January 29, 2020, and per Section 2.2 and 2.3 of the current Franchise Agreement, the City of Cupertino hereby acknowledges Recology’s interest in exercising the option to negotiate a new franchise agreement. By this letter the City expresses intent to negotiate a new agreement with Recology subject to City Council authorization and any conditions thereto. The tentative scheduled date for City Council consideration is April 21st. As this date may change due to the COVID-19 issues, we will keep you updated on any date change. Sincerely, Roger Lee Director of Public Works cc: Mario Pucinelli Carl Mennie Ursula Syrova Alex Wykoff Attachment FCC 04-21-20 547 of 548 https://cupertino.legistar.com/View.ashx?M=F&ID=8248834&GUID=959069C4-81A0-4ED2-BC88-6509FD32EABF[4/15/2020 7:09:55 PM] Embedded Secure Document The file https://cupertino.legistar.com/View.ashx?M=F&ID=8248834&GUID=959069C4-81A0-4ED2-BC88- 6509FD32EABF is a secure document that has been embedded in this document. Double click the pushpin to view. CC 04-21-20 548 of 548