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MCA-2010-04b - Green Building Ordinance OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE• CUPERTINO, CA 95014-3255 C U P E RT I N t� TELEPHONE: (408)777-3223• FAX: (408) 777-3366 To: Planning Department From: Kirsten Squarcia Subject: Second reading and adoption of amendments to Chapter 16.58 of the Cupertino Municipal Code regarding Green Building standards and amendment to the City's fee schedule Date: September 20, 2012 -------------------------------------------------------- ----------------------------------------------------------- On September 18 the City Council made the following action: CONDUCTED THE SECOND READING AND ENACTED THE ORDINANCE ORDINANCE N0. 12-2099 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 16.58 OF THE CUPERTINO MUNICIPAL CODE TO AMEND THE GREEN BUILDING STANDARDS CODE TO INCLUDE LOCAL GREEN BUILDING REQUIREMENTS WHEREAS, the City Council authorized staff on January 19, 2010 to proceed with the development of a green building ordinance incorporating green building measures; and WHEREAS, green building is a "whole systems" approach to the design, construction, location, and operation of buildings and structures to help mitigate the environmental, economic and social impacts of construction, demolition and renovation of buildings and structures; and WHEREAS, the Environmental Resources and Sustainability Element of the City of Cupertino's General Plan 2000-2020 recognizes that the community's environmental resources are fragile, invaluable and interrelated, and protecting and sustaining the City's viable ecological communities and environmental resources will result in the protection of both the human and natural environments; and WHEREAS, the City of Cupertino's General Plan 2000-2020 sets forth policies recognizing that the essential components of green building design and planning include consideration of location, site planning, energy efficiency, material efficiency and water efficiency; and WHEREAS, the California Green Building Standards Code Section 101.7 provides that a local government may establish more stringent building standards if they are reasonably necessary due to local climactic, geologic, topographical or environmental conditions; and WHEREAS, the City of Cupertino has already adopted ordinances to further green building measures, including the California Green Building Standards Code, the Landscaping Ordinance to reduce water waste, Recycling and Diversion of Construction and Demolition Waste Ordinance, and Stormwater Pollution and Prevention and Watershed Protection; and WHEREAS, the City of Cupertino intends to adopt local amendments to the California Green Building Standards Code by establishing green building requirements exceeding the Mandatory Requirements of the 2010 California Green Building Standards Code; and 99582.2 WHEREAS, the Planning Commission adopted Resolution No. 6615 to recommend adoption of green building measures in a green building ordinance as a result of conducting public hearings; and WHEREAS, the City Council has determined that amending Chapter 16.58, Green Building Standards Code, is necessary to incorporate local green building requirements; and WHEREAS, the City Council of the City of Cupertino conducted properly noticed public hearings; and WHEREAS, adoption of the ordinance will improve the environment and is in the public interest. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS AS FOLLOWS: Section 1. Title 16 of the Cupertino Municipal Code is hereby amended by the adoption of amendments to Chapter 16.58 as set forth in Exhibit A. Section 2. The City Council adopts the findings for local amendments to the California Green Building Standards Code, 2010 Edition, attached hereto as Exhibit B and incorporated herein by reference. Section 3. Because this project will assure the maintenance, restoration, enhancement, or protection of the environment and does not relax the regulation of construction activities or standards allowing environmental degradation, this project is exempt from CEQA pursuant to CEQA Guidelines section 15308. Section 4. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. Section 5. This Ordinance shall take effect and be in force on July 1, 2013 as provided by Government Code Section 36937. Section 6. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. 99582.2 INTRODUCED at a regular meeting of the Cupertino City Council the 4th day of September 2012 and ENACTED at a regular meeting of the Cupertino City Council on this 18� of September 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Grace Schmidt Mark Santoro City Clerk, City of Cupertino Mayor, City of Cupertino 99582.2 Exhibit A City of Cupertino CHAPTER 16.58: GREEN BUILDING STANDARDS CODE ADOPTED 16.58.010 Code Adoption. The provisions of the 2010 California Green Building Standards Code and each and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this chapter,and is by such reference adopted. One (1) copy of the code therefore is on file in the office of the Building Official pursuant to Health and Safety Code Section 18942(d)(1) and is made available for public inspection. 16.58.015 Adoption of Appendix Chapters No Appendix Chapters from the 2010 California Green Building Standards Code have been adopted. 16.58.040 Local Amendments The following provisions of this Chapter shall constitute local amendments to the cross- referenced provisions of the California Green Building Standards Code, 2010 Edition, and shall be deemed to amend the cross-referenced sections of said Code with the respective provisions set forth in this Chapter. 16.58.050 Section 101.1- Amended Amend Section 101.1 to read as follows: 101.1 Title. These regulations shall be known as the California Green Building Standards Code as amended by the City of Cupertino and may be cited as such and will be referred to herein as "this code." The California Green Building Standards Code as amended by the City of Cupertino is an amendment to Part 11 of 12 parts of the official compilation and publication of the adoption, amendment and repeal of building regulations to the California Code of Regulations, Title 24, also referred to as the California Building Standards Code. 16.58.070 Section 101.3- Amended Amend Section 101.3 to read as follows: 101.3 Scope. The provisions of this code shall apply to the planning, design, operation, construction, use and occupancy of every newly constructed building or structure, unless otherwise indicated in this code for the City of Cupertino. 99582.2 The California Green Building Standards Code also is hereby amended to apply to additions, renovations and tenant improvements of privately-owned buildings and structures in accordance with the provisions of this Chapter. It is not the intent that this code substitute or be identified as meeting the certification requirements of any private, third party green building program. 16.58.100 Section 101.10- Amended. Amend Section 101.10 to read as follows: 101.10 Mandatory requirements. This code contains mandatory green building measures. In addition, this Chapter contains required minimum green building measures as amended by the City of Cupertino. All new buildings and structures, additions, renovations and tenant improvements subject to requirements in Table 101.10 shall comply with the mandatory measures of the 2010 California Green Building Standards Code as adopted by the state in addition to local amendments included in this code, regardless of height or number of stories, unless specifically exempted by this code. 16.58.110 Section 101.10.1 - Added Add Section 101.10.1 to read as follows: 101.10.1 Project Types -as set forth in Table 101.10. 16.58.120 Section 101.10.1.1 - Added. Add Section 101.10.1.1 to read as follows: 101.10.1.1 Residential projects- as set for in Table 101.10. 16.58.130 Section 101.10.1.1.1 - Added Add Section 101.10.1.1.1 to read as follows: 101.10.1.1.1 Residential new construction - Equal to or less than nine (9) homes - as set forth in Table 101.10. 16.58.140 Section 101.10.1.1.2--Added: Add Section 101.10.1.1.2 to read as follows: 99582.2 101.10.1.1.2 Residential new construction - Greater than nine (9) homes or more - as set forth in Table 101.10. 16.58.150 Section 101.10.1.1.3--Added Add Section 101.10.1.1.3 to read as follows: 101.10.1.1.3 Major multi-family residential renovations/additions - as set forth in Table 101.10. Requirements shall only apply to the area of renovation/addition. 16.58.160 Section 101.10.1.1.4 -Added Add Section 101.10.1.1.4 to read as follows: 101.10.1.1.4 Non-residential new construction,small- as set forth in Table 101.10. 16.58.170 Section 101.10.1.1.5 - Added Add Section 101.10.1.1.5 to read as follows: 101.10.1.1.5 Non-residential new construction,medium-- as set forth in Table 101.10. 16.58.180 Section 101.10.1.1.6- Added Add Section 101.10.1.1.6 to read as follows: 101.10.1.1.6 Non-residential new construction,large-- as set forth in Table 101.10. 16.58.190 Section 101.10.1.1.7- Added Add Section 101.10.1.1.7 to read as follows: 101.10.1.1.7 Non-residential renovations/additions, minor -- as set forth in Table 101.10. Requirements shall only apply to the scope of work of renovation/addition. 16.58.200 Section 101.10.1.1.8- Added Add Section 101.10.1.1.8 to read as follows: 101.10.1.1.8 Non-residential renovations/additions, major -- as set forth in Table 101.10. Requirements shall only apply to the area of renovation/addition. 99582.2 16.58.210 Section 101.10.1.1.9- Added Add Section 101.10.1.1.9 to read as follows: 101.10.1.1.9 Mixed-Use-- as set forth in Table 101.10. 16.58.220 Table 101.10-Added Add Table 101.10 to read as follows: � Prvj�c�Z'�p� Minimum �ree�BuxXd��g Requir�d"�'�ri,�icaf�on :I#equirexnent ��,���za ..�2 � �r 3� �� ��f r.�'u ��;�s �.���s���� � -���x�� `��`��W» �� ��: m � ar+cw'�� a�"- �'` - `°��a� €�e��w��'. �, •�t� � , �' �� �'r : -: 4� �_s,c���s�sr�d�%��� z� a: � �.�,�"�,� ���m,�'��'��:€�;'. .:. � - d cr� �rza��,"� � � r rs `�e' f�w� �� s n a 4 �2,w 6 e�� a; s� ��:n���.�'�. � m , �� a . �� . s �� � � �sx��.���rB��'&�f�?ss^�r a�ia �� osa 5���1 r €x�,���>...�#r,&,�a Q, „e.,,�>. � .rn..��..�v��s�.�n�Yffi�.�ro�x�i;�� ' .a� &,Ja efi�E,n„k,.,,a.F„ na3kts�r�cs.. Residential Single Family and Multi- . CALGreen Building City Review Family homes equal to or Code in accordance less than 9 homes: with CALGreeri s minimum thresholds. Single Family and Multi- • GPR certified at Third Party GPR or LEED Family homes greater than 9 minimum 50 points or certification as applicable homes: • LEED Silver or • Alternate Reference Standard per Section 101.10.2 Alternate Reference Standard: See Section 101.10.2 Non-Residential Small, less than 25,000 SF: • CALGreen Building City Review Code*per Chapter 5 of the California Green Building Standards Code Mid-size, from 25,000 to • LEED Certified or Third Party LEED 50,000 SF: Certification • Alternate Reference Standard per Section Alternate Reference Standard: 101.10.2 See Section 101.10.2 99582.2 Pr�ject Type ;tMini�zum �reen Bui�ding. Rcr�uxred.Vi�i,ficutzn� 'Aequirerr�ent Large,greater than 50,000 SF: . LEED Silver or Third Party LEED Alternate Reference Certification • Standard per Section 101.10.2 Alternate Reference Standard: See Section 101.10.2 a. Residential i. Single-family • CALGreen Building City Review Code in accordance with CALGreeri s minimum thresholds. ii. Multi-family (minor): • CALGreen Building City Review Code in accordance with CALGreeri s minimum thresholds. iii. Multi-family(major): • GPR minimum 50 pts Third Party GPR or LEED Renovations and/or or Certification as applicable additions with a Floor Area . LEED Certified or Ratio (FAR) increas� 50% � LEED EBOM Certified and at least 35,000 square feet, and that replace or or substantially alter the HVAC • Alternate Reference system and at least two of the Standard per Section following: building envelope, 101.10.2 Alternate Reference Standard: hot water system and lighting See Section 101.10.2 system. b. Non-Residential i. Minor: Renovations and/or • CALGreen Building City Review additions that do not meet the Code in accordance higher thresholds for "major with CALGreeri s renovations and additions" minimum thresholds. outlined as defined in (ii) below. 99582.2 Pr�zj�ct�'y�� �ini�nur� ���c�Bui�ding , Requz�er�Y�%fiicr��in�t �R+�r��irer��t� ii. Major: Renovations and/or . LEED Certified Third Party LEED additions that comprise at (applicable only to the Certification least 35,000 square feet, and area of renovation/ replace or substantially alter addition) or the HVAC system and two of LEED EBOM Certified the following: building � envelope,hot water system, or and lighting system. � Alternate Reference Standard per Section Alternate Reference Standard: 101.10.2 See Section 101.10.2 Mixed-Use For new and renovation/addition projects with residential and non-residential components, the use shall comply by either: 1. Meeting the applicable requirements for each use; or 2. Meeting the applicable requirements for the use that comprises the majority of the project's square footage/where uses are attached and/or combined in a building. Notes: "Major" renovations and/or additions"apply only to the area of the renovation/addition unless the LEED EBOM Certified option is selected. '�Chapter 5 of the California Green Building Standards Code (Cal Green Mandaton�) requirements shall only be applied to elements included in the scope of a project, unless otherwise required by the California Green Building Standards Code. 16.58.230 Section 101.10.2- Added Add Section 101.10.2 to read as follows: 101.10.2 Alternate green building standards. The applicant may request to apply an alternate green building standard for a project in lieu of the minimum standards per Table 101.10. In making a determination in response to an application under this section, the Building Official may allow an alternate standard if he/she finds that the proposed alternative standard complies with all of the following: A. Addresses a comprehensive scope of green building issues including energy efficiency, water efficiency, resource efficient materials,and healthy building practices; B. Applies standards that are, when taken as a whole, as stringent as the GPR and LEED standards; C. Includes a formalized certification process that incorporates third party verification; and D. The project will advance the purposes of this Chapter. 99582.2 16.58.240 Section 102.3- Amended Amend Section 102.3 to read as follows: 102.3 Verification. Documentation of conformance for applicable green building measures shall be provided to the City of Cupertino. Verification that the project meets the applicable environmental standards occurs through either the Third Party process or City Review per the requirements in Table 101.10. The following lists the verification requirements for Third Party verification,and alternative methods: A. Third Party Certification. A project will be required to meet the Third Party certification process if the City determines that the project meets or exceeds the applicable thresholds listed in Table 101.10. The applicant shall submit all of the following to the City, in addition to other application requirements, to assist the City in determination compliance with the green building requirements: a. Plannin�A�plication. A green building checklist that includes cross-references to appropriate locations in the construction documents for all prerequisites and selected points or credits that demonstrates that the proposed project meets the applicable minimum requirements. b. Building Permit. i. Proof of project registration with administrating body of the applicable reference standard, and ii. A green building checklist that includes cross-references to appropriate locations in the construction documents for all prerequisites and selected points or credits; that demonstrate that the proposed project meets the applicable minimum requirements, and c. Green Buildin� Deposit. The green building deposit in an amount that may be set from time to time by resolution of the City Council. The applicant may provide the deposit in the form of cash or in any other form that the City finds acceptable to meet the purposes of this Section. The full amount of the deposit shall be returned upon the certification document being provided per 102.3 (A)(c). If however, the project does not meet the requirements of this Chapter, as applied to the project, then the City shall retain the full amount of the deposit, and shall use the deposit solely to advance the purposes of this Chapter. d. Time Limit. Within 18 months of Final Occupancy - Provide certification document for LEED, GPR or alternate rating standard in a form accepted by the City per Table 101.10. The Building Official may grant a one-time 6-month extension. 16.58.260 Section 102.3.1 - Added Added Section 102.3.1 to read as follows: 102.3.1 Exemptions. The Building Official shall determine the maximum feasible 99582.2 threshold of compliance reasonably achievable for the project. Projects that are exempted from the requirements of the California Green Building Standards Code as amended by the City of Cupertino shall meet the requirement in section A and at least one of the requirements in sections B-D: A. Projects that demonstrate that it is not feasible for the project to fully meet the green building requirements and that the purposes of this chapter will have been achieved to the maximum extent possible shall be exempted only for the specific rating system prerequisite that has been determined to be infeasible. B. Projects that demonstrate compliance with this code but which will conflict with the Cupertino General Plan and/or Municipal Code Ordinance, such as those requiring historic preservation as determined by the Director of Community Development; or C. Projects that demonstrate compliance with this code but which will conflict with the California Building Standards Code; or D. Projects with atypical energy-related design requirements and/or patterns of use that make compliance with the thresholds of this code infeasible. 16.58.280 Section 202-Amended Amend Section 202 to add or amend the following definitions: A. "Building Envelope" means the separation between the interior and the exterior environments of a building in order to provide structural integrity, moisture control, temperature control, and air pressure control. The principal physical components of the building envelope include the foundation,roof,walls, and windows. B. "Decision maker" means the person or entity with final approval authority over the underlying project. C. "Green Building Checklist" means a checklist, typically with prerequisites and credits and/or points that is developed by the administrators of green building certification systems and used to determine whether a development project can achieve certification. D. "Green Point Rated (GPR)" means a residential green building rating system developed by Build It Green. Projects can use any of the adopted GPR checklists that most appropriately apply to the project type proposed. E. "Leadership in Energy and Environmental Design (LEED)" means a green building rating system developed by the U.S. Green Building Council for residential and non-residential projects. Projects can use any of the adopted LEED checklists that most appropriately apply to the project type proposed. F. "Minimum Green Building Requirement" means the minimum green building requirement that applies to a particular project,as listed in column 2 of Table 101.10. G. "Required Verificatiori' means the standards that correspond to the requirements of a particular green building rating system and project type, as listed in column 3 of Table 101.10,for which verification procedures are fully set forth in Section 102.3. H. "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. 16.58.290 Section 303.1.1 --Amended 99582.2 Amend Section 103.1.1 to read as follows: 303.1.1 Tenant improvements. The provisions of this code shall apply to the applicable tenant or occupant improvements to a project. 16.58.300 Section 4.304.1.1 - Added Add Section 4.304.1.1 to read as follows: 4.304.1.1 Compliance with local water-efficient landscape ordinance. Residential projects must comply with the City of Cupertino's Landscape Ordinance, pursuant to Chapter 14.15 of the Cupertino Municipal Code. 16.58.310 Section 5.304.1.1 - Added Add Section 5.304.1.1 to read as follows: 5.304.1.1 Compliance with local water-efficient landscape ordinance. Non-residential projects must comply with the City of Cupertino's Landscape Ordinance, pursuant to Chapter 14.15 of the Cupertino Municipal Code. 99582.2 Exhibit B Findings for Amendments to the California Green Building Standards Code In accordance with the Health and Safety Code Sections 17958, 17958.5, and 17958.7, the City Council must make findings for each proposed local change to the provisions of the California Building Standards Code, including green building standards, to support its determination that each such local amendment is reasonably necessary based on climatic, topographical or geological conditions. In adopting the amendments to Chapter 16.58 of the Cupertino Municipal Code pertaining to the California Green Building Standards Code, the City Council of the City of Cupertino finds as follows: A. General Findings Related to Green Building Requirements in Cupertino 1. Green building is a "whole systems" approach to the design, construction, location, and operation of buildings and structures to help mitigate the environmental, economic and social impacts of construction, demolition and renovation of buildings and structures. 2. The Environmental Resources and Sustainability Element of the City of Cupertino's General Plan 2000-2020 recognizes that the community's environmental resources are fragile, invaluable and interrelated, and protecting and sustaining the City's viable ecological communities and environmental resources will result in the protection of both the human and natural environments. 3. City of Cupertino's General Plan 2000-2020 sets forth policies recognizing that the essential components of green building design and planning include consideration of: a. Location b. Site planning c. Energy efficiency d. Material efficiency e. Water efficiency 99582.2 4. The City of Cupertino previously adopted ordinances to further green building measures, including the California Green Building Standards Code, the Landscaping Ordinance to reduce water waste, Recycling and Diversion of Construction and Demolition Waste Ordinance, and Stormwater Pollution and Prevention and Watershed Protection. B. Findings for Local Amendments to the 2010 California Green Building Standards Code (16.58 of the Cupertino Municipal Code) 1. The City Council authorized staff on January 19, 2010 to proceed with the development of a green building ordinance incorporating green building measures. 2. Green building is a "whole systems" approach to the design, construction, location, and operation of buildings and structures to help mitigate the environmental, economic and social impacts of construction, demolition and renovation of buildings and structures. 3. The Environmental Resources and Sustainability Element of the City of Cupertino's General Plan 2000-2020 recognizes that the community's environmental resources are fragile, invaluable and interrelated, and protecting and sustaining the City's viable ecological comxnunities and environmental resources will result in the protection of both the human and natural environments. 4. City of Cupertino's General Plan 2000-2020 sets forth policies recognizing that the essential components of green building design and planning include consideration of: a. Location b. Site planning c. Energy efficiency d. Material efficiency e. Water efficiency 5. California Assembly Bill 32 (Global Warming Solutions Act of 2006, Health and Safety Code §38500 et seq.) requires actions on the part of the State and local governments to significantly reduce greenhouse gas (GHG) emissions such that statewide GHG emissions in 2020 are lowered to 19901evels. 6. Green building regulations further the Sustainability Principles of the General Plan involving building and land development, disposal of construction and 99582.2 demolition debris, storm water quality and floor protection, tree protection, water conservation, landscaping and resource conservation. 7. Built It Green is acknowledged in promoting and defining residential green building by development of its Green Point Rated Rating System. 8. The Green Building Certification Institute (GBCI) administers the U.S. Green Building Council's LEED (Leadership in Energy and Environmental Design) Rating System. 9. Green building techniques are widespread in residential and non-residential building construction, and such techniques can impact the City's environment, greenhouse gas emissions, resource usage, energy efficiency, water usage, waste management, and the health and productivity of residents, workers and visitors over the life of the building. 10. Requiring green building measures is necessary to achieve public health and welfare benefits to the community. 99582.2 RESOLUTION NO: 12-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING USER FEES FOR THE GREEN BUILDING STANDARDS CODE ADOPTED (CHAPTER 16.58 OF THE CUPERTINO MUNICIPAL CODE). WHEREAS, the State of California requires fees charged for services 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; and WHEREAS, the City of Cupertino has amended the Green Building Standards Code Adopted Ordinance (Chapter 16.58 of the Cupertino Municipal Code) for incorporation of green building requirements; and WHEREAS, user fees in the form of green building deposits are needed to be established to meet the requirements of the Green Building Standards Code Adopted Ordinance and shall be used solely to advance the purposes of green building. NOW, THEREFORE, BE IT RESOLVED that: 1. Green Building Standards Code Adopted Ordinance user fees are established per amendment in Exhibit A. 2. User fee is effective July l, 2013. PASSED AND APPROVED at a regular meeting of the City Council of the City of Cupertino this 4th day of September, 2012 by the following vote: Vote Members of the Citv Council AYES: Santoro, Mahoney, Chang, Sinks, Wong NOES: None ABSTAIN: None ABSENT: None ATTEST: APPROVED: /s/Grace Schmidt /s/Mark Santoro Grace Schmidt Mark Santoro City Clerk, City of Cupertino Mayor, City of Cupertino CITY OF CUPERTINO Exhibit A Resolutions 12-033, 12-097 Fees Effective July 1, 2013,July 1, 2013 Schedule D–Miscellaneous Items Work Item Unit Fee Standard Hourly Rate $133 Accessibility Hardship Exemption 1 hour $174 Acoustical Review Single Family Home/Duplex—New each $600 Sin le Family Home/Du lex—Addition/Alteration each $666 Multi-Famil /Commercial each $266 Additions (R3 Occ) - Plan Check Fees Over the counter-(not hillside-has conventional framing- up to 250 sf $266 Minimum 2 hours). Plan Check Fees (not hillside). up to 250 sf $1,014 Plan Check Fees (not hillside). 251-499 sf $1,512 each additional hour 1 hour $133 Additions (R3 Occ) - Ins ection Fees Inspection Fees (Not Hillside) up to 250 sf $983 Ins ection Fees (Not Hillside) 251-499 sf $1,230 Address Assignment per hour $334 Administrative/Clerical Fee - 1/2 hour flat rate 1/2 hour $42 (covers changes in contractor/architect information and ermit extensions) Alternate Materials and Methods of Construction 1 hour $174 Antenna—Telecom Facility Radio each $400 Cellular/Mobile Phone, free-standing each $1,065 Cellular/Mobile Phone, attached to buildin each $1,065 Arbor/Trellis Awning/Canopy (su orted by buildin ) each $334 Balcon Addition each $733 C ort each $600 Certifications Special Ins ector Qualifications (initial review) each $266 Special Ins ector Qualifications (renewal /update) each $133 S ecial Inspector Certification Application each $4,526 Materials Testing Lab Certification each $2,795 Chimne each $534 Chimney Repair each $534 Close Existing O enings Interior wall each $467 Exterior wall each $467 Commercial Coach (per unit) each unit $799 Covered Porch each $933 Deck (wood) each $467 Deck Railing each $467 2 Deferred Submittal Roof Trusses up to 1000 sf $666 Additional Roof Truss area each 500 sf $266 Demolition Commercial (up to 3,000 s� each $534 Commercial (each add'13,000 s� each 3,000 sf $266 Residential (up to 3,000 s fl each $534 Residential (each add'13,000 s� each 3,000 sf $133 Demolition Swimming Pool Residential each $306 Swimming Pool Commercial (up to 3,000 s� each $534 Swimming Pool Commercial (each add'1 3,000 s� each 3,000 sf $266 Disabled Access Compliance Inspection er hour $133 Door New door (non structural) each $266 New door (structural shear wall/masonry) each $400 Du licate/Replacement Job Card each $67 Electric Vehicle Chargin Station each $102 Extensions Plan Check Applications (within 180 days of Submittal) 1 hour $174 Permits (within 180 days of Issuance) Start construction, w/o lans 30 min $67 Resume or complete construction, w/o plans 30 min $67 Start construction, w/plans 1 hour $174 Resume or com lete construction, w/plans 2 hours $215 Fence Non-masonr , over 6 feet in hei ht up to 100 1.£ $400 Non-masonry, each additional 1001f each 100 l.f. $67 Masonr , over 6 feet in height up to 100 1.£ $666 Masonry, each additional 1001f each 1001.£ $266 Fireplace Masonry each $666 Pre-Fabricated/Metal each $467 Flag pole (over 20 feet in height) each $367 Foundation Repair each $799 Garage /Agricultural Buildings Wood frame u to 1,000 sf each $1,199 Masonry up to 1,000 sf each $1,199 Green Building Deposit- Third Parry Certification Process (to be refunded after LEED or GPR certification is received) Single-Family Residential $2/s.f., $1000 max. $2/sf, $20,000 min; $40,000 Multi-Family Residential max. $2/sf, $35,D00 min; $75,000 Non-Residential m�. Inspections Standard Ins ection Hourl Rate er hour $133 Outside of normal business hours, 0-2 hours (minimum up to 2 hrs $399 char e) Each additional hour or ortion thereof 1 hour $199 Reins ection fee— er hour 1 hour $133 Progress Inspection per hour $133 Partial Ins ection per hour $133 Courtesy Ins ection - 2 hour minimum 2 hours $266 Inspections for which no fee is specifically indicated--per hour (minimum charge = 1/2 hour) 1 hour $133 Cancelled ins ection w/out advance notice 1 hour $133 Life Safety Report each $799 Lighting pole each $400 each add'1 ole each $400 Modular Structures each $799 Modification of Technical Code 1 hour $174 Partition—Commercial, Interior(up to 301.f.) u to 30 l.f. $467 Additional partition each 301.f. $100 Partition—Residential, Interior(up to 301.£) u to 30 l.f. $467 Additional partition each 301.£ $100 Patio Cover/ Sun Room Wood frame up to 300 sf $666 Metal frame u to 300 sf $666 Other frame up to 300 sf $666 Additional patio each 300 sf $534 Enclosed, wood frame up to 300 sf $799 Enclosed, metal frame up to 300 sf $799 Enclosed, other frame up to 300 sf $799 Additional enclosed atio each 300 sf $666 Photovoltaic System Residential each $219 Multi-Family Res/Commercial, up to 8 kilowatts up to 8 kW $532 Multi-Family Res/Commercial, each additional 1 kilowatt each 1 kW $9 Pile Foundation Cast in Place Concrete (first 10 piles) up to 10 $933 Additional Piles (increments of 10) each 10 $799 Driven (steel, re-stressed concrete) u to 10 $933 Additional Piles (increments of 10) each 10 $799 Product Review er hour $133 Plan Review Standard Plan Review Hourly Rate er hour $133 CALGreen Plan Review(minimum 2 hr charge in addition to Plan Check Fees) er hour $133 1.5 x PC Ex edite Plan Review per hour Fee Outside of normal business hours, (minimum 2 hr charge in addition to Plan Check Fees) er hour $199 Remodel—Residential Kitchen u to 300 sf $600 Bath up to 300 sf $600 4 Other Remodel u to 300 sf $400 Additional remodel each 300 sf $67 Other Remodel 1000 sf $4,017 Additional remodel each 300 sf $264 Other Remodel 2500 sf+ $5,337 Additional remodel each 300 sf $191 Re-roof Residential each 100 sf $15 Multi-Family Dwelling each 100 sf $15 Commercial Commercial (first 5,000 s� each $367 Commercial (each add'12,500 s� each 2,500 sf $167 Retainin Wall (concrete or masonry) Standard (up to 50 l� u to SO l.f. $799 Additional retaining wall each 50 l.f. $666 S ecial Design, 3-10' high (u to 501� up to SO l.f. $933 Additional retaining wall each 50 1.£ $799 S ecial Design, over 10' high (up to 501� u to SO l.f. $999 Additional retaining wall each SO l.f. $865 Gravity/Crib Wall, 0-10' high (up to 50 lfl u to 501.£ $999 Additional Gravity/Crib Wall each SO l.f. $865 Gravity/Crib Wall, over 10' high (up to 501� u to 50 l.f. $999 Additional Gravity/Crib Wall each SO l.f. $865 Revisions Commercial New each $799 Tenant Improvement each $799 SFDWL each $799 Addition each $666 Remodel each $666 Sauna—steam each $733 Siding Stone and Brick Veneer (interior or exterior) up to 400 sf $600 All Other up to 400 sf $400 Additional siding each 400 sf $200 Si ns Directional each $266 Each additional Directional Sign each $133 Ground/Roof/Projecting Signs each $334 Master Plan Sign Check each $334 Rework of any existing Ground Sign each $334 OtherSi n each $334 Reinspection Fee each $67 Wall/Awning Sign,Non-Electric each $266 Wall, Electric each $266 Shed over 120 square feet each $399 Sk li ht Less than 10 sf each $400 Greater than 10 sf or structural each $733 Solar Water Heating each $102 Stairs—First Flight first flight $334 Each additional flight er flight $200 Stora e Racks 0-8' high (u to 1001 fl first l 001f $334 each additional 1001f each 1001f $67 over 8' high (u to 1001� first 1001f $367 each additional l 001f each l 001f $100 Stucco A plications up to 400 sf $467 Additional Stucco Ap lication each 400 sf $34 Supplemental Inspection Fee—If a project requires significantly more inspections than average, the Building Official may char e additional inspection fees First 1/2 hour minimum first 30 min $67 Each Additional hour per hour $133 Overtime Plan Check Fee per hour $199 Su lemental Plan Check Fee (after 2nd review) First 1/2 hour minimum first 30 min $67 Each Additional hour per hour $133 Swimming Pool/S a Vinyl-lined (u to 800 s� each $933 Fiberglass each $666 Gunite (u to 800 s� each $1,464 Additional ool (over 800 s� each 100 sf $200 Commercial ool (u to 800 s� each $1,864 Commercial pool (over 800 s� each $234 S a or Hot Tub (Pre-fabricated) each $334 Temporar Occupancy Permit - flat rate 2 hours $266 Tem orary Structures each $399 Tenant Improvement Preparation each $388 Window or Slidin Glass Door Re lacement (first 8 windows) first 8 $400 Re lacement (each add'1 8 windows) each 8 $133 New Window (non structural) each $467 New window (structural shear wall/masonry) each $799 Ba Window(structural) each $799 Refunds - Plan Check Fees 100% of Plan 1 st review not started (within 3 Business of Submittal) 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 Double fees 6 MCA-2010-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6615 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL APPROVE THE MUNICIPAL CODE AMENDMENT TO CREATE CHAPTER 19.78 (GREEN BUILDING) OF THE CUPERTINO MUNICIPAL CODE The Planning Commission recommends approval of the proposed amendment to the City of Cupertino Municipal Code as shown in Attachment A attached herewith. PASSED AND APPROVED this 26th day of October 2010, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Vice Chair Lee, Kaneda, Giefer NOES: COMMISSIONERS: Chairperson Brophy, Miller ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: /s/Aarti Shrivastava /s/Paul Brophy Aarti Shrivastava Paul Brophy, Chair Director of Community Development Planning Commission ATTACHMENT A Ordinance No. XX.XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ESTABLISHING CHAPTER 19.78 TO CREATE A GREEN BUILDING ORDINANCE WHEREAS, the Planning Commission conducted a properly noticed public hearing on October 12, 2010; WHEREAS,the public hearing was continued to and conducted on October 26, 2010; WHEREAS, the Planning Commission adopted Resolution #6615 to recommend that the City Council adopt this ordinance; WHEREAS, the City Council conducted a properly noticed public hearing on this ordinance; WHEREAS, adoption of the ordinance will improve the environment and is in the public interest. THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDAINS AS FOLLOWS: Section 1. Statement of Purpose. This ordinance establishes a new chapter of the Cupertino Municipal Code to create a green building ordinance. Section 2. Code Amendment. Chapter 19.78, entitled "Green Building," of the Cupertino Municipal code is established as shown in Exhibit 1. Section 3. Severabilitu. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. Section 4. Effective Date. This Ordinance shall take effect and be in force thirty days from adoption as provided by Government Code Section 36937. Section 5. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. 99582.2 Section 6. CEQA. Because this project will assure the maintenance, restoration, enhancement, or protection of the environment and does not relax the regulation of construction activities or standards allowing environmental degradation, this project is exempt from CEQA pursuant to CEQA Guidelines section 15308. INTRODUCED at a regular meeting of the Cupertino City Council the day of 2010 and ENACTED at a regular meeting of the Cupertino City Council on this of 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: 99582.2 EXHIBIT 1 City of Cupertino CHAPTER 19.78: GREEN BUILDING 19.78.010 Purpose and Intent This Chapter is intended to support a "whole systems" approach to the design, construction, location, and operation of buildings and structures to help mitigate the environmental, economic, and social impacts of construction, demolition, and renovation of buildings and structures. T'he City wishes to promote green building practices that ITLnimi�e the use of energy, water, and other natural resources while promoting a healthy and productive indoor environment. The City also wishes to encourage applicants to voluntarily adopt practices that are more environmentally friendly than the minimum required by this Chapter by providing incentives for such buildings and structures. 19.78.020 Definitions The following terms shall have the following definitions for purposes of this Chapter: A. "Building Envelope" means the separation between the interior and the exterior environments of a building in order to provide structural integrity, moisture control, temperature control, and air pressure control. The principal physical components of the building envelope include the foundation,roof,walls,and windows. B. "Decision maker" means the person or entity with final approval authority over the underlying project. C. "Exemplary Standards" mean the standards that correspond to the requirements of a particular project and are listed in column 2 of the chart that appears in Section 19.78.060. D. "Green Building Checklist" means a checklist, typically with prerequisites and credits and/or points that is developed by the administrators of green building certification systems and used to determine whether a development project can achieve certification. E. "Minimum Standards" mean the min;mum standards that apply to a particular project, as listed in column 1 of the chart in Section 19.78.060. F. "Required Verificatiori' means the standards that correspond to the requirements of a particular project, as listed in column 3 of the chart in Section 19.78.060, for which verification procedures are fully set forth in Section 19.78.070. 19.78.030 Adoption of Green Standards b�Reference The following codes are hereby adopted by reference as they exist at Chapter adoption or as subsequently amended: A. GPR (Green Point Ratin� Standards. The following Green Building Guidelines that are administered by Build It Green ("BIG"): a. Single Family New Home Construction. b. Single Family Home Remodeling. c. Multifamily New Home Construction. B. LEED (Leadership in Energ,y and Environmental Design) Standards. The following rating systems developed by the U.S. Green Building Council, and administered by the Green Building Certification Institute (GBCn: 99572.3 a. LEED for Homes. b. LEED for New Construction and Major Renovation. c. LEED for Existing Buildings: Operations&Maintenance (EBOM). d. L.EED for Commercial Interiors. e. LEED for Core and Shell Development. f. LEED for Schools New Construction and Major Renovation. g. LEED for Neighborhood Development. h. LEED for Retail. i. LEED for Healthcare. 19.78.040 Minimum Requirements On or after ` . 2011, the City shall not issue any building permit unless, in addition to meeting all other legal requirements,the decision maker determines that: A. The project complies with the applicable "m;nimum requirements" set forth in the first column of the chart in Section 19.78.060; and B. The project met the applicable required verification per Section 19.78.070. C. T'he project, or portions of the project, meet the requirements and are approved for, Exemption for Historic or Atypical Projects per Section 19.78.090. 19.78.050 Alternate Reference Standards The decision maker may declare that an alternate reference standard is equivalent to the minimum standards or exemplary standards per the chart in Section 19.78.060, if the decision maker finds that: A. The applicant has utilized an alternate comprehensive green building rating system that: a. Is comprehensive, and applies standards that are,when taken as a whole, as stringent as the GPR and LEED standards; b. Addresses a comprehensive scope of green building issues including energy efficiency, water efficiency,resource efficient materials,and healthy building practices; c. Includes a formalized certification process that incorporates thi.rd party verification;and d. Includes a set of standards that is comparable to the applicable m�n;mum and/or exemplary standards. B. The project will: 1. Meet or exceed the applicable minimum and/or exemplary standards. 2. Advance the purposes of this Chapter. Examples of alternate comprehensive green building rating systems include but are not limited to: Living Building Challenge (US), Building Research Establishment Environmental Assessment Method (UK), and Comprehensive Assessment System for Building Environmental Efficiency (Japan). ��io-3i-io 2 19.78.060. Standards for New Construction, Renovations and Additions The following chart lists the standards and required verification that apply for new construction, renovations and additions. Column 1 Column 2 Column 3 Minimum Standards Exemplary Standards Required Verification See§19.78.070. a. Residential i. Single Family and Multi- Family homes . GPR minimum 125 pts. Minimum: Formal. • GPR minimum 85 points or or Exemplary: Formal. • LEED Certified or • LEED Gold Alternate Reference Standard: • Alternate Reference Formal. Standard per Section 19.78.050 b. Non-Residential i. Less than 10,000 SF. • CALGreen Mandatory • LEED Gold Minimum: Informal. Exemplary: Formal. ii. 10,000-25,000 SF. Minimum: Informal. • LEED Certified or • LEED Gold Exemplary: Formal. • Altemate Reference Altemate Reference Standard: Standard per Section Formal. 19.78.050 ui. 25,001 or more SF. Minimum: Formal. • LEED Silver or • LEED Gold Exemplary: Formal. • Alternate Reference Altemate Reference Standard: Standard per Section Formal. 19.78.050 a. Residential i. Single-family. Renovations and/or additions over areas . GPR�n;mum 125 pts Minimum: Informal. that comprise at least 50% of or Exem la Formal. P rY� the total e�cisting floor area. � LEED Gold • CALGreen Mandatory ii. Multi-family(minor). • GPR minimum 100 pts Minimum: Informal. Renovations and/or or Exemplary: Formal. Draft 10-31-10 3 Column 1 Column 2 Column 3 Minimum Standards Exemplary Standards Required Verification See§19.78.070. additions that do not meet • LEED Silver the higher thresholds for "major renovations and additions" in the cell below. • CALGreen Mandatory iu. Multi-family(major). • GPR min;mum 125 pts Minimum: Informal (except Renovations and/or or for LEED EBOM which shall additions that comprise at . LEED Gold require Formal). least 10,000 square feet,and Exemplary: Formal. replace or alter the HVAC Alternate Reference Standard: system and at least two of Formal. the following: building envelope,hot water system, and lighting system. • GPR minimum 75 pts or • LEED Certified or LEED EBOM Certified or • Alternate Reference Standard per Section 19.78.050 b. Non-Residential i. Minor. Renovations and/or . LEED Gold Minimum: Informal. additions that do not meet Exemplary: Formal. the higher thresholds for "major renovations and additions" in the cell below. • CALGreen Mandatory ii. Major. Renovations and/or . LEED Gold Minimum: 10,000-25,000 additions that comprise at square feet-Informal (except least 10,000 square feet,and for LEED EBOM which shall replace or alter the HVAC require Formal). system and two of the Minimum: 25,001 square feet following: building or more-Formal envelope,hot water system, and lighting system. Exemplary: Formal. Altemate Reference Standard: • LEED Certified or LEED Formal. EBOM Certified or • Alternate Reference Standard per Section 19.78.050 v��i o-3 i-�0 4 Column 1 Column 2 Column 3 Minimum Standards Exemplary Standards Required Verification See§19.78.070. Mixed-Use For proJects with residential and non-residential components,each use shall comply with the minimum requirements and verification requirements stated above. To meet exemplary and alternate reference standards requirements, each use shall comply with the requirements stated above. Note: The requirements in the Section "renovations and additions"only apply to the portions of the building that are subject to the renovation or addition. 19.78.070 Required Verification Verification that a project meets the applicable environmental standards occurs through either the formal or informal verification process per the requirements in the chart in Section 19.78.060. A. Formal Verification. A project will meet the formal verification process if the City determines that the project meets or exceeds the applicable thresholds listed in Section 19.78.060 and the applicant submits all of the following to the City in addition to other application requirements,to assist the City in making that determination: a. Planning A�plication. A green building checklist that includes cross-references to appropriate locations in the construction documents for all prerequisites and selected points or credits; and demonstrates that the proposed project meets the applicable minimum requirements. b. Buildin�Permit. i. Proof of project registration with administrating body of the applicable reference standard, ii. A green building checklist that includes cross-references to appropriate locations in the construction documents for all prerequisites and selected points or credits; and demonstrates that the proposed project meets the applicable minimum requirements, and iii. Green Building deposit in an amount that may be set by resolution of the City Council. The applicant may provide the deposit in the form of cash, or in any other form that the City finds acceptable to meet the purposes of this Section. The full amount of the deposit shall be returned upon the certification document being provided per Section 19.78.070(A)(c). If however, the project does not meet the requirements of this Chapter, as applied to the project, then the City shall retain the full amount of the deposit, and shall use the deposit solely to advance the purposes of this Chapter. c. Within 18 months of Final Occupancy - Certification document for LEED, GPR or alternate rating standard accepted by the City per the chart in Section 19.78.060. B. Informal Verification. A project will meet the informal verification process if the City determines that the project meets or exceeds the applicable thresholds listed in Section Draft 10-31-10 5 19.78.060 and the applicant submits all of the following to the City in addition to other application requirements,to assist the City in making that determination: a. Planning A�plication. i. A green building checklist per Section 19.78.070(A)(a). b. Building Permit. i. A green building checklist per Section 19.78.070(A)(b)(ii),and ii. A refundable deposit to defray the City's costs of verifying that the building is designed to the applicable minimum requirements. The City shall release any unused deposit amounts to the party submitting the deposit after determin;ng that all verification requirements were met. 19.78.080.Voluntary Requirements to Obtain Incentives An applicant for a building permit may voluntarily opt to meet or exceed the exemplary standards,and to fulfill the applicable verification requirements. A. Automatic Incentives. If the applicant does so, in all cases, the applicant shall obtain a reduction in applicable building permit fees by an amount set by a resolution by the Council as part of the fee schedule. B. Discretionary Incentives. a. In addition to obtaining the automatic incentive listed above,the applicant can request at the time of the submittal of the planning application that the City authorize the issuance of the following discretionary incentive: i. A 10% reduction in the amount of off-street parking required by Municipal Code Section 19.100. b. Findin�s. The decision maker may award a discretionary incentive of the decision maker's choosing, at the same time as the approval of the planning application,if it finds all of the following: i. The project greatly exceeds the minimum amounts required to meet the exemplary standards. u. 'The proposed use is compatible with the surrounding community. iu. The project will greatly advance the goals of this Chapter. iv. The project will serve as a model for future green construction;will be harmonious. v. The project is consistent with and will advance the goals of the General Plan. 19.78.090 Exemptions for Historic or Atypical Proiects A. At the applicant's request, the City shall exempt a project from the duty to comply with one or more of the minimum standards if either: a. The project is on a property that is considered "historic" for CEQA purposes, the applicant demonstrates that the historic nature of the property makes compliance with the applicable thresholds infeasible, and the applicant has made all reasonable efforts to mitigate and offset any non-compliance with the threshold(s); or ��t i o-3 i-i o 6 b. The project includes atypical energy-related design requirements and/or patterns of use, these limitations make compliance with the threshold(s) not feasible, and the other components of the project design overcompensate for the lack of compliance with the applicable threshold(s). B. "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological fact�rs. ��io-3i-io � . ' _, ,, Santa Clara County Clerk-Recorder's Office State of California County of Santa Clara G�Un'Ty Documenl No.: 327 Oftice of the County Clerk-Recorder ������I i���o Number ot Pages: 2 Business Division Filed and Posted On: 8/17/2010 - �� Through: 911fi/201 County Government Center �.�,T��,�'� �� q6$5$� CRO Order Number: 70 West Hedding Street, E.Wing, 15`Floor A �� Fee To1al: 0.00 San Jose,California 95110 (408)299-5665 REGINA ALCOMENDRAS, Counry Clerk-Recor r CEQA DOCUMENT DECLARATION by Oscar Urquilla, Depury Clerk-Recorder, ` ENVIRONMENTAL FILING FEE RECEIPT PLEASE COMPLETE THE FOLLOWING: 1. LEAD AGENCY: Clty Of CUp2ft1110 2. PROJECT TITLE: EA-2010-05, MCA-2010-04 3. APPLICANT NAME: City Of CUp@I'tltl0 PHONe: 408.777.3308 a. APPLICANT ADDRESS: Citywide,CUPERTINO, CALIFORNIA 95014 _ _ 5. PROJECT APPLICANT IS A: ❑Local Public Agency ❑School District ❑Other Special District ❑State Agency Gl Private Entity 6. NOTICE TO BE POSTED FOR 3O _DAYS. 7.CLASSIFICATION OF ENVIRONMENTAL DOCUMENT a.PROJECTS THAT ARE SUBJECT TO DFG FEES ❑ 1.ENVIRONMENTAL IMPACT REPORT(PUBLIC RESOURCES CODE§21152) $ 2,792.25 $ 0.00 ❑ 2.NEGATIVE DECLARATION (PUBLIC RESOURCES CODE§21080(C) $ 2,010.25 $ 0.00 ❑ 3. APPLICATION FEE WATER DIVERSION csrnre WATER RESOURCES CONTROL BOARD ONLY) � H.SO.00 � O.00 ❑ 4. PROJECTS SUBJECT TO CERTIFIED REGULATORY PROGRAMS $ 949.50 $ 0.00 ❑ 5. COUNTY ADMINISTRATIVE FEE(REQUIRED FOR a-1 THROUGH a-4 ABOVE) $ 50.00 $ 0.00 Fish&Game Code§711.4(e) b. PROJECTS THAT ARE EXEMPT FROM DFG FEES � 1. NOTICE OF EXEMPTION($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED) $ 50.00 $ 0.00 ❑ 2. A COMPLETED"CEQA FILING FEE NO EFFECT DETERMINATION FORM"FROM THE DEPARTMENT OF FISH&GAME,DOCUMENTING THE DFG'S DETERMINATION THAT THE PROJECT WILL HAVE NO EFFECT ON FISH,WILDLIFE AND HABITAT,OR AN OFFICIAL,DATED RECEIPT/ PROOF OF PAYMENT SHOWING PREVIOUS PAYMENT OF THE DFG FILING FEE FOR THE*SAME PROJECT IS ATTACHED ($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED) DOCUMENT TYPE: ❑ ENVIRONMENTAL IMPACT REPORT ❑ NEGATIVE DECLARATION $ 50.00 $ 0.00 c. NOTICES THAT ARE NOT SUBJECT TO DFG FEES OR COUNTY ADMINISTRATIVE FEES ❑ NOTICE OF PREPARATION ❑x NOTICE OF INTENT NO FEE $ NO FEE 8. OTHER: FEE(IF APPLICABLE): $ 9. TOTAL RECEIVED........................................................................................................................................................ $ 0.00 *NOTE:"SAME PROJECT'MEANS NO CHANGES. IF THE DOCUMENT SUBMITTED IS NOT THE SAME(OTHER THAN DATES),A"NO EFFECT DETERMINATION"LETTER FROM THE DEPARTMENT OF FISH AND GAME FOR THE SUBSEQUENT FILING OR THE APPROPRIATE FEES ARE REQUIRED. THIS FORM MUST BE COMPLETED AND ATTACIIED TO THE FRONT OF ALL CEQA DOCUMENTS LISTED ABOVE(INCLUDING COP/ES) SUBMITTED FOR FILING. WE WILL NEED AN ORIGINAL(WET SIGNATURE)AND THREE COPIES. (YOUR ORIGINAL WILL BE RETURNED TO YOU AT THE TIME OF FILING.) CHECKS FOR ALL FEES SHOULD BE MADE PAYABLE TO: SANTA CLARA COUNTY CLERK-RECORDER PLEASE NOTE: FEES ARE ANNUALLY ADJUSTE:D(Fish&Game Code§711.4(b); PLEASE CHECK WITH THIS OFFICE AND THE DEPARTMENT OF FISH AND GAME FOR THE LATEST FEE INFURMATION. ..NO PROJECT SHALL BE OPERAT/VE, VESTED,OR FINAL,NOR SHALL LOCAL GOVERNMENT PERMITS FOR THE PROJECT BE VALID, UNTIL THE FILING FEES REQUIRED PURSUANT TO TH/S SECT/ON ARE PA/D." Fish&Game Code§711.4(c)(3) 12-22,20D9 (FEES EFFEC7IVE 01-01-2010)