HomeMy WebLinkAboutPC RESOLUTION NO. 2026-21 (TM-2025-006)CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2026-21
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A VESTING TENTATIVE MAP
FOR A NEW RESIDENTIAL DEVELOPMENT PROJECT
CONSISTING OF 35-TOWNHOME-CONDOMINIUM UNITS,
ON TWO ADJACENT PARCELS TOTALING 1.67 -ACRES
LOCATED AT 1655 S. DE ANZA BLVD. AND 7357 PROSPECT RD.;
APNs: 366-10-061 & -126
The Planning Commission recommends that the City Council approve the Vesting
Tentative Map, in substantially similar form to the Draft Resolution attached hereto as
Exhibit TM.
PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City
of Cupertino the 8th day of September 2026, by the following roll call vote:
AYES: Kosolcharoen, Scharf, Fung, Lindskog and Rao.
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ATTEST:
Piu Ghosh
Planning Manager
APPROVED:
Tracy Kosolcharoen
Chair, Planning Commission
EXHIBIT TM
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A VESTING TENTATIVE MAP FOR A
NEW RESIDENTIAL DEVELOPMENT PROJECT
CONSISTING OF 35-TOWNHOME-CONDOMINIUM UNITS,
ON TWO ADJACENT PARCELS, TOTALING 1.67 -ACRES
LOCATED AT 1655 S. DE ANZA BLVD. AND 7357 PROSPECT RD.;
APNs: 366-10-061 & -126
SECTION I: PROTECT DESCRIPTION
Application No.: TM -2025-006
Applicant: Joshua Vrotsos (Dividend Homes)
Property Owner: Prospect Venture LLC
Location: 1655 S. De Anza Blvd. & 7357 Prospect Rd.; APNs: 366-10-061 & -126
SECTION II: FINDINGS FOR A TENTATIVE MAP:
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Tentative Map as described in Section I of this resolution; and
WHEREAS, the project is determined to be categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(1) of the CEQA
Guidelines because the proposed project would meet the requirements of the Public
Resources Code (PRC) Section 21080.66(a); and
WHEREAS, on September 8, 2026, the Planning Commission held a duly noticed public
hearing to receive staff's presentation and public testimony, and to consider the
information contained in the Exemption Memorandum along with all staff reports, other
pertinent documents, and all written and oral statements received prior to and at the
public hearing; and
WHEREAS, on September 8, 2026 the Planning Commission recommended on a 5-0 vote
that the City Council approve the Use Permit (U-2025-005) in substantially similar form
to the Resolution presented (Resolution No. 2026-20), approve the Architectural and Site
Approval Permit (ASA-2025-014) in substantially similar form to the , Resolution
presented (Resolution No. 2026-19), approve the Vesting Tentative Map (TM -2025-006)
in substantially similar form to the Resolution presented (Resolution No. 2026-21), and
approve the Tree Removal Permit (TR-2025-030), in substantially similar form to the
Resolution presented (Resolution No. 2026-22); and
EXHIBIT TM
WHEREAS, all necessary public notices having been given as required by the City of
Cupertino Municipal Code and the Government Code, and the Planning Commission
held at least one public hearing in regard to this application; and
WHEREAS, the City Council of the City of Cupertino is the decision -making body for
this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support the application
for a Tentative Map; and
WHEREAS, the City Council finds as follows with regard to this application:
a. That the proposed subdivision map is consistent with the City of Cupertino
General Plan.
The subject property is consistent with the General Plan since the property is utilizing
State Density Bonus Law to allow 26.5 dwelling units per acre, where the General Plan
only allows 15 dwelling units an acre. Pursuant to CA GCS 65915(f)(2) which entitles the
project to a 35% density bonus for providing 11.5% very low-income units on site.
b. That the design and improvements of the proposed subdivision are consistent
with the General Plan.
The off -site improvements are consistent with the City's General Plan and South
Sunnyvale -Saratoga Conceptual Zoning Plan policies related to applicable right-of-way
design, undergrounding of utilities, interior circulation and applicable building setbacks
and lot coverage standards. While the development is required to have a 35-50 foot
landscape setback area from the curb on S. De Anza Blvd, and 25 foot landscape setback
from the curb on Prospect Rd., state density bonus law requires the City to waive local
development standards to accommodate a project that provides specific amounts of
affordable housing, and still consider the design consistent with the General Plan and
Specific Plan.
c. That the site is physically suitable for the type of development contemplated under
the approved subdivision.
The proposed tentative map is compatible with the adjoining land uses and no physical
constraints are present that would conflict with the anticipated land use and development.
Moreover, there are no topographical anomalies that differentiate this property from
adjacent properties, the site is located on the valley floor and is not listed within any
environmentally sensitive zone.
d. That the site is physically suitable for the intensity of development contemplated
under the approved subdivision.
EXHIBIT TM
The subject property is physically suitable in size and shape and in conformance to
development standards and is configured to accommodate a multi -unit development like
the one proposed.
e. That the design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage or substantially and avoidably injure fish
and wildlife or their habitat.
The design of the subdivision and proposed improvements will not injure fish and wildlife
or their habitat because the property is a previously developed site, with no fish and wildlife
habitat in the vicinity; the site is located in an urbanized area where residential land use is
allowed.
That the design of the subdivision or the type of improvements associated
therewith are not likely to cause serious public health problems.
The proposed subdivision design and improvements will not cause serious public health
problems. The project has access to sewer connections, water services and electric services.
The on -site and off -site improvements improve neighborhood walkability through
improved parkway and sidewalk construction with size -appropriate driveway curb -cuts
and street and private tree planting. The design of the project aligns with the City's Vision
Zero policies in subdivision design.
g. That the design of the subdivision and its associated improvements will not
conflict with easements acquired by the public at large for access through or use
of property within the proposed subdivision.
No easement or right-of-way exists currently that would be impeded or conflict with the
proposed subdivision. New public access easements will be required to address General
Plan Mobility Element Policies M-2.5 and M-3.5.2, and Land Use Element Strategy LU-
22.5, as identified on the approved map. These easements shall be maintained to allow for
public access through the property.
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, and those contained in all other Resolutions
approved for this Project.
The application for a Vesting Tentative Map, Application No. TM -2025-006, is hereby
approved, and that the sub -conclusions upon which the findings and conditions specified
in this Resolution are based and contained in the Public Hearing record concerning
Application No. TM -2025-006 as set forth in the Minutes of the City Council Meeting of
EXHIBIT TM
October 6, 2026 meeting, and are incorporated by reference as though fully set forth
herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled "1655 S De Anza Blvd Major
Architectural and Site Approval Application Cupertino, CA" consisting of 74
sheets labeled as, P.1- P.5, A.1 - A.27, TM1.0, C2.0 -C7.3, T1.0 - T1.4, L1.1 - L3.2,
INT1, INT2, PrPM1, PrSL1 and PrSL2, drawn by Dahlin [Architect] Group, BKF
[Civil] Engineering and Michael Arnone [Landscape Architect] + Associates,
except as may be amended by conditions in this resolution.
2. ACCURACY OF PROTECT PLANS
The applicant/property owner is responsible to verify 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 any property data may invalidate
this approval and may require additional review.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. U-2025-005, ASA-2025-014, and
TR-2025-030 shall be applicable to this approval.
4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on
the first page of the building plans.
5. PUBLIC ACCESS REQUIREMENTS
In accordance with Mobility Element Policies M-2.5 and M-3.2 of the 2015-2040
Cupertino General Plan in effect in January 2024, the applicant shall maintain
public access to the privately maintained streets and walkways where public
access easements are shown on the Vesting Tentative Map.
6. 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.
EXHIBIT TM
7. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall
agree to indemnify, defend with the attorneys of the City's choice, and hold
harmless the City, its City Council, and its officers, employees, and agents
(collectively, the "indemnified parties") from and against any liability, claim,
action, cause of action, suit, damages, judgment, lien, levy, or proceeding
(collectively referred to as "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 related to any Ordinance, Resolution, or action approving the project,
the related entitlements, environmental review documents, finding or
determinations, or any other permit or approval authorized for the project. The
indemnification shall include but not be limited to damages, fees, and costs
awarded against the City, if any, and cost of suit, attorneys' fees, and other costs,
liabilities, and expenses incurred in connection with such proceeding whether
incurred by the Applicant, the City, or the parties initiating or bringing such
proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys' fees and costs incurred in defense of the litigation. Such attorneys' fees
and costs shall include amounts paid to the City's outside counsel 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. The
applicant shall likewise agree to indemnify, defend, and hold harmless the
indemnified parties from and against any damages, attorneys' fees, or costs
awards, including attorneys' fees awarded under Code of Civil Procedure section
1021.5, assessed or awarded against the indemnified parties. The Applicant shall
cooperate with the City to enter a Reimbursement Agreement to govern any such
reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary
by proceedings challenging the project approvals and related environmental
review, if the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
8. 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
EXHIBIT TM
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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
Except for otherwise noted, the following conditions must be completed and/or
submitted prior to Final Map recordation.
9. STREET IMPROVEMENTS & DEDICATION
Roadway dedication in fee title and street improvements along the project
frontage will be required to the satisfaction of the Director of Public Works. Street
improvements, grading and drainage plans must be completed and approved
prior to Final map approval.
Street improvements may include, but not be limited to, new detached sidewalk,
new ADA ramp, driveways, storm drain lateral, street tree installations, and street
light and/or pedestrian push button relocation. All improvements must be
completed and accepted by the City prior to Building Final Occupancy or Street
Improvement Encroachment Permit acceptance whichever comes first.
Additional comments will be provided and shall be incorporated prior to Final
Map approval.
10. ACCEPTANCE OF PROPERTY RIGHTS
The Public Works Director, or his/her designee, shall have the authority to accept
all offers of dedications, easements, quitclaims and other property rights and
interests on behalf of the City.
11. PEDESTRIAN AND BICYCLE IMPROVEMENTS
Developer shall provide pedestrian and bicycle related improvements (e.g.
walkway and bicycle racks, etc.) consistent with the Cupertino Bicycle
Transportation Plan and the Pedestrian Transportation Plan, and as approved by
the Director of Public Works. All improvements must be completed and accepted
by the City prior to Building Final Occupancy or Street Improvement
Encroachment Permit acceptance whichever comes first.
EXHIBIT TM
12. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the Director of Public
Works. Lighting fixtures shall be positioned so as to preclude glare and other
forms of visual interference to adjoining properties, and shall be no higher than
the maximum height permitted by the zone in which the site is located.
13. GRADING
Grading shall be as approved and required by the Director of Public Works in
accordance with Chapter 16.08 of the Cupertino Municipal Code. 401
Certifications and 404 permits maybe required. Please contact Army Corp of
Engineers and/or Regional Water Quality Control Board as appropriate.
14. DRAINAGE
Drainage shall be provided to the satisfaction of the Director of Public Works and
satisfy any requirements from the environmental analysis. Hydrology and pre -
and post -development hydraulic calculations must be provided to indicate
whether additional storm water control measures are to be constructed or
renovated. The storm drain system may include, but is not limited to, subsurface
storage of peak stormwater flows (as needed), bioretention basins, vegetated
swales, and hydrodynamic separators to reduce the amount of runoff from the site
and improve water quality. The storm drain system shall be designed to detain
water on -site (e.g., via buried pipes, retention systems or other approved systems
and improvements) as necessary to avoid an increase of the ten percent flood
water surface elevation to the satisfaction of the Director of Public Works. Any
storm water overflows or surface sheeting should be directed away from
neighboring private properties and to the public right of way as much as
reasonably possible.
All storm drain inlets shall be clearly marked with the words "No Dumping —
Flows to Creek" using permanently affixed metal medallions or equivalent, as
approved by the Environmental Programs Division.
Additional comments will be provided and shall be incorporated prior to Final
Map approval.
15. C.3 REQUIREMENTS
C.3 regulated improvements are required for all projects creating and/or replacing
5,000 S.F. or more of impervious surface, collectively over the entire project site.
The developer shall reserve a minimum of 4% of developable surface area for the
placement of low impact development measures, for storm water treatment,
EXHIBIT TM
unless an alternative storm water treatment plan, that satisfies C.3 requirements,
is approved by the Director of Public Works.
The developer must include the use and maintenance of site design, source control
and storm water treatment Best Management Practices (BMPs), which must be
designed per approved numeric sizing criteria. A Storm Water Management Plan
and a Storm Water Facilities Operation, Maintenance and Easement Agreement,
and certification of ongoing operation and maintenance of treatment BMPs are
each required.
All storm water management plans are required to obtain certification from a City
approved third party reviewer.
16. SUBDIVISION AGREEMENT
The project developer shall enter into an Subdivision agreement with the City of
Cupertino providing for payment of fees, including but not limited to checking
and inspection fees, storm drain fees, transportation impact fees, park dedication
fees and fees for under grounding of utilities. Said agreement and fees shall be
executed and paid prior to issuance of Final Map approval.
Fees:
a. Checking & Inspection Fees:
b. Grading Permit:
c. Tract Map Fee:
d. Storm Drainage Fee:
e. Transportation Impact Fee
f. Park Fees:
g. Storm Management Plan Fee
h. Street Tree Fee:
i. Developer contribution:
Bonds:
Per current fee schedule ($6,203 or 5% of
improvement costs)
Per current fee schedule ($5,365 or 6% of
improvement costs)
Per current fee schedule ($15,013)
Per current fee schedule (residential: $4,548
per AC + $345 per unit)
Per current fee schedule: (residential: $4,215
per unit)
Per current fee schedule: $54,000 per unit
($1,620,000 based on 30 new units, 5 BMR are
waived.
Per current fee schedule ($2,432)
By Developer or Per current fee schedule:
$562 per tree
$12,500 fee for the future development of a
Gateway monument sign at the median
of De Anza Blvd.
EXHIBIT TM
a. Faithful Performance Bond: 100% of Off -site and On -site Improvements
b. Labor & Material Bond: 100% of Off -site and On -site Improvement
c. On -site Grading Bond: 100% of site improvements.
The fees described above are imposed based upon the current fee schedule adopted by the
City Council. However, the fees imposed herein may be modified at the time of recordation
of a final map or issuance of a building permit in the event of said change or changes, the fees
changed at that time will reflect the then current fee schedule.
17. FINAL MAP
A final map will be subject to City Council approval and shall be recorded prior
to issuance of building permits. Existing buildings must be demolished prior to
recordation of the final map as building(s) cannot straddle between lot lines.
18. TRANSPORTATION
The Project is subject to the payment of Transportation Impact Fees under City's
Transportation Impact Fee Program (Chapter 14.02 of the Cupertino Municipal
Code).
19. PARKS
The residential project is subject to the payment of park fees in -lieu of park land
dedication under City's Park Land Dedication Fee (Chapter 13.08 of the Cupertino
Municipal Code).
20. SURVEYS
A Boundary Survey and a horizontal control plan will be required for all new
construction to ensure the proposed building will be set based on the boundary
survey and setback requirements.
21. TRASH, RECYCLING AND COMPOST ENCLOSURES
Trash enclosure plans must be designed in accordance with the City's "Public
Works Guidelines posted at www.cupertino.org/nowaste, and to the satisfaction
of the Environmental Programs Manager. Clearance by the Public Works
Department is required prior to obtaining a building permit (CMC 9.18.210 H &
K).
Applicant shall enter into an agreement with the City that indemnifies and holds
harmless both the City and the refuse and recycling collection company (Recology)
from and against any harm, damage or maintenance that may occur or become
necessary to onsite paving stone driveway surfaces.
22. OPERATIONS & MAINTENANCE AGREEMENT
EXHIBIT TM
Developer shall enter into an Operations & Maintenance Agreement with the City
before Final Map approval. The Agreement shall include the operation and
maintenance for non-standard appurtenances in the public road right-of-way that
may include, but is not limited to, sidewalk, pavers, and street lights.
23. UNDERGROUND UTILITIES
Developer shall comply with the requirements of the Underground Utilities
Ordinance No. 331 and other related Ordinances and regulations of the City of
Cupertino, and shall coordinate with affected utility providers for installation of
underground utility devices. Developer shall submit detailed plans showing
utility underground provisions. Said plans shall be subject to prior approval of
the affected Utility provider and the Director of Public Works.
24. TRANSFORMERS & CABINETS
Electrical transformers, telephone cabinets and similar equipment shall be placed
in underground vaults. The developer must receive written approval from both
the Public Works Department and the Community Development Department
prior to installation of any above ground equipment. Should above ground
equipment be permitted by the City, equipment and enclosures shall be screened
with fencing and landscaping such that said equipment is not visible from public
street areas, as determined by the Community Development Department.
Transformers shall not be located in the front or side building setback area.
25. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground
equipment shall be placed away from the public right of way and site driveways
to a location approved by the Cupertino Planning Department, Santa Clara
County Fire Department and the water company.
26. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water
Resources Control Board, for construction activity, which disturbs soil. BMP plans
shall be included in grading and street improvement plans.
27. NPDES CONSTRUCTION GENERAL PERMIT
When and where it is required by the State Water Resources Control Board
(SWRCB), the developer must obtain a Notice of Intent (NOI) from the SWRCB,
which encompasses preparation of a Storm Water Pollution Prevention Plan
(SWPPP), use of construction Best Management Practices (BMPs) to control storm
water runoff quality, and BMP inspection and maintenance.
EXHIBIT TM
28. EROSION CONTROL PLAN
Developer must provide an approved erosion control plan by a Registered Civil
Engineer. This plan should include all erosion control measures used to retain
materials on site. Erosion control notes shall be stated on the plans.
29. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show
the timetable for all grading/erosion control work in conjunction with this project.
30. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer
to be approved by the City. The plan shall include a temporary traffic control plan
for work in the right of way as well as a routing plan for all vehicles used during
construction. All traffic control signs must be reviewed and approved by the City
prior to commencement of work. The City has adopted Manual on Uniform
Traffic Control Devices (MUTCD) standards for all signage and striping work
throughout the City.
31. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of
the Director of Public Works and shall be of a type approved by the City in
accordance with Ordinance No. 125.
32. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the
City.
33. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County
Fire Department prior to issuance of building permits. Clearance should include
written approval of the location of any proposed Fire Backflow Preventers, Fire
Department Connections and Fire Hydrants (typically Backflow Preventers
should be located on private property adjacent to the public right of way, and fire
department connections must be located within 100' of a Fire Hydrant).
34. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
EXHIBIT TM
35. SAN JOSE WATER SERVICE COMPANY CLEARANCE
Provide San Jose Water Service Company approval for water connection, service
capability and location and layout of water lines and backflow preventers before
Final Map approval.
36. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall "quit claim" to the City all rights to pump, take or otherwise
extract water from the underground basin or any underground strata in the Santa
Clara Valley.
37. SANITARY DISTRICT
A letter of clearance or sign off of street improvement plans for the project shall be
obtained from the Cupertino Sanitary District prior to Final Map approval.
38. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including
PG&E, AT&T, and San Jose Water Company, and/or equivalent agencies) will be
required prior to Final Map approval.
39. RECIPROCAL EASEMENT AMENDMENT
Developer shall provide the recorded amended reciprocal easement document
prior to Final Map recordation.
40. LANDSCAPE MAINTENANCE DISTRICT
In the event that a Landscape Maintenance District is established for the medians
along South De Anza Boulevard, the property owner shall agree to join and
participate in the district, including payment of the corresponding fees.
SECTION V: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY
DTSTR ICT
41. INSTALLERS AGREEMENT
The property owner shall enter into an Installer's Agreement with the District for
the construction of the proposed sewer infrastructure and associated fees prior to
issuance of Building Permits.
The following fees will be required during the Building Permit phase as part of the
Installer's Agreement:
a. Sewer Connection Fee: The property owner shall pay all required Cupertino
Sanitary District Sewer Connection Fees - New Townhome/Condominium
($9,859.00/per unit) (O.C.7201).
EXHIBIT TM
b. Treatment Plant Capacity Fee: Cupertino Sanitary District Treatment Plant
Capacity Fee — Townhouse/Condominium ($3,495) is required for the subject
improvements. (O.C. 7202).
c. Peak Wastewater Flow Mitigation Fee
d. District Administration, Engineering, and Inspection Fees (including permit
processing, plan check, and permanent disconnecting and capping fees for
existing lateral O.C. 7101)
42. Design Requirements
a. Parcels 366-10-061 and 366-10-126 will be joined into one large parcel for the
commercial and garage buildings. Each townhome will have their own parcel
number.
b. Each unit must have a separate Property Line Cleanout on its lateral. Maintain
a minimum horizontal separation of 10 feet between sewer and water service
lines.
c. All off -site and on -site sewer manholes must be constructed in accordance with
District standards.
d. Sewer line gradients must be clearly shown and maintain a minimum slope of
2%.
e. An approved backflow device (IAPMO or UPC approved) is required IF the
lowest finished floor with plumbing is less than (1') foot above the rim of the
nearest upstream manhole (O.C. 4105).
f. Trees should be planted 10' from the sanitary sewer line to prevent root
intrusion. Alternatively, the sewer line should be sleeved to protect the pipe
from root intrusion.
g. Building Permit Phase — Sewer Plan and profile views of all on -site sanitary
sewer manholes, sewer mains, and laterals are required.
h. Please refer to District Standard Details for the proposed sanitary sewer works
and connections.
43. MODIFICATIONS TO BUILDING PERMIT PLANS:
The following corrections/Clarifications Shall be made in the Building Permit
Plans.
a. Sheet C5.0: Please show the existing sanitary sewer lateral on the plans and
indicate that it will be abandoned and permanently capped at its connection
to the existing sanitary sewer mainline/manholes. (The proposed
development is shown to have an entirely new sanitary sewer system.) For
reference, the existing lateral is 4 -inch diameter VCP, 31 feet long, and
located approximately 6 feet from the right property line.
EXHIBIT TM
b. Sheet C5.0: Please show the following existing sanitary sewer facilities, see
details below for reference:
i. Upstream MH T-560: Rim Elev. 301.00; Invert/Outlet Elev. =291.35;
Depth 9.65 ft.
ii. Downstream MH PROS -01 (replaced FI-T-55F): Rim Elev. 303.75; Depth
= 9.24 ft.
iii. Existing sanitary sewer mainline along S. De Anza Blvd.: approximately
156 feet of 10 -inch -diameter VCP.
c. Sheet C5.0, C5.1 & C5.2: Sanitary Sewer Laterals. Laterals shown in the plan
views are connected to both sides of the sanitary sewer mainline at the same
station. The District does not allow this configuration. Please stagger or
offset the lateral connections along the mainline and maintain a minimum
2 -foot clear separation between lateral connections. Please provide the
lateral locations and elevations accordingly.
d. Sheet C5.0, C5.1 & C5.2: Sanitary Sewer Laterals. Provide the sanitary sewer
lateral depth (from the PLCO to the sanitary sewer main) , diameter and
elevations for all proposed laterals.
e. Sheet C5.0, C5.1 & C5.2: Manhole Details. Provide a sanitary sewer manhole
(SSMH) channel detail for all proposed new manholes.
f. Sheet C5.0, C5.1 & C5.2: Manhole Details. Clearly label the proposed new
manholes as SSMH #1, SSMH #2, and SSMH #3. Please provide the pipe
invert/flowline elevations at the manholes. Clearly identify the invert
elevations as "INV" on the plans. The indicated INV elevation shall
represent the pipe invert/flowline elevation at the manhole.
g. Sheet C5.0, C5.1 & C5.2: Manhole Details. Provide the location of each
proposed SSMH, including the distance to the nearest upstream or
downstream manhole.
h. Sheet C5.0, C5.1 & C5.2: Vertical Clearance. Show the vertical clearance
between the bottom of the storm drain, including other utilities, and the top
of the proposed sanitary sewer (SS). Provide sufficient
dimensions/elevations on the profile to demonstrate the available
clearance.
44. Easements
a. As the proposed sewer lines will be located on private property, the District
will require an easement on these parcels for the installation of the sanitary
sewer mainlines and laterals.
b. Sanitary Sewer Easements must be granted to CuSD for all mainlines located
within the property.
c. The applicant must provide a Plat and Legal Description of the Public Sanitary
Sewer Easement for District review.
EXHIBIT TM
d. The District will allow removal of sanitary sewer easement (SSE) if the sewer
improvements are located within a proposed Public Utility Easement (PUE)
shown and recorded on the Final Map.
e. The easement deed must be prepared, executed, and recorded with the County
Recorder's Office prior to project acceptance.
45. Additional Requirements
a. Approval of the Building Permit is subject to available system capacity at the
time of review.
b. A sand/oil separator is required if a trash enclosure is being installed.
c. The installation of interior grease traps or exterior grease interceptors may be
required for commercial buildings, contingent upon their intended use.
d. Storm water surface or roof drains and other general surface water runoff shall
not be discharged to the sanitary sewer.
e. The cleanout is required to be protected with a (G-5) Christy Box. If the
cleanout is installed in the driveway or may be subject to traffic, the District
strongly recommends the lid to have a traffic rated bolt -down grate. The box
must be set and conform to the pavement finished grade. The cleanout must
not be covered up by pavers or any other materials that will make the cleanout
inaccessible. (O.C. 4101).
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV. of
this Resolution conform to generally accepted engineering practices.
Chad Mosley, Assistant Director of Public Works
City Engineer CA License 66077
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 6th day of October, 2026, by the following vote:
Members of the City Council
AYES:
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NOES:
ABSENT:
ABSTAIN:
SIGNED:
Kitty Moore, Mayor
Date
City of Cupertino
ATTEST:
Lauren Sapudar, City Clerk
Date