17. Semi-rural John WayCUPERTINO
DEPARTMF_NT OF PUE3LIC WORKS
Summary
AGENDA ITEM ~ ~~ AGENDA DATE February 3, 2009
SUBJECT AND 7SSLJE
Adopt a resolution approving asemi-rural designation to eliminate the requirement for sidewalks
on John Way, pursuant to Ordinance No. 1925.
BACKGROLJND
Tn the past, a number of residential property owners and neighborhood residents voiced
objections to the City Municipal Code requirement that City standard curb, gutter, sidewalk, and
streetlights be installed along their street frontages as a condition of their residential building
permits. The typical street improvement requirements call for sidewalk to be installed behind
curb and gutter on both sides of the street. In general, the objecting property owners felt that
their neighborhoods were of a rural or semi-rural chazacter that would be compromised if the
normal concrete curb, gutter and sidewalk, and streetlight improvements were applied.
On October 20, 2003, after receiving from such property owners a number of requests for
exceptions to the City requirements, City Council adopted Ordinance No_ 1925, amending the
City Municipal Code by establishing criteria to be used for desigriating certain streets or
neighborhoods as rural or semi-rural in nature. Such a designation allows modified street
improvement standards for local streets that are not covered under the hillside development
provisions of the Code. Certain findings concerning neighborhood consensus, safety, and
drainage form the basis of the criteria. There have been 31 applications under the ordinance to
date_ Of those, 23 applications will have been completed and approved if the present application
is approved, seven applicants have not returned completed petitions to the City, and one petition
was denied.
Property owners along the frontage of John Way (shown as Area 31 on the attached map) have
circulated a petition in support of altering their neighborhood designation to semi-rural by
waiving sidewalks. As required, 2/3 of the property owners have signed in support of the semi-
rural designation necessary to waive the sidewalk requirements. There is presently no sidewalk
on either side of John Way.
i~ - i
in terms of safety, the street is not designated as a safe route to school. Also, street conditions
are such that pedestrians will have sufficient space to travel safely along the street without a
separate pedestrian pathway. Based on the recorded incident history between 2003 and 2008,
there have been no pedestrian or vehicular accidents reported in the area.
Property owners along the aforementioned frontages have circulated a petition in support of
altering their neighborhood designation to semi-rural by waiving sidewalk requirements. As
required, 2/3 of the property owners have signed in support of this item.
F[SCAL IMPACT
There is no financial impact.
STAFF RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 09- approving a semi-rural
designation to eliminate the requirement for sidewalks on .iolui Way.
Submitted by:
~p Q.,._ Ralph A. Qualls, Jr.
Director of Public Works
Approved for submission to
the City Council:
Davi W. Knapp
City Manager
i~ -z
RESOLUTION NO. 09-017 ~~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING ASEMI-RURAL DESIGNATION FOR JOHN WAY
WHEREAS, property owners along the frontages of John Way have circulated a petition in
support of altering their neighborhood designation to semi-rural; and
WHEREAS, over 2/3 of the property owners have signed in support of waiving sidewalk
requirements for this street.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby approves a
semi-rural designation for John Way.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 3`d of February 2009, by the following vote:
Vote Members of the Citv Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
17 - 4
EXHIBITS
BEGIN
HERE
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To: Director of Public Works
City of Cupertino
From: Property Owners of John Way and Kirwin :Lane
Re: Sidewalk Exemption
The property owners signing this petition are requesting that the City of Cupertino consider their
request that the streets named above within the limits shown on the attached map be designated
_ by the City Council as "rural" or "semi-Waal" in character. Such a designation will alter the road
improvement standards for the streets within the limits shown. In this case, the property owners
signing this petition wish to omit sidewalks as sta~idard improvements for the aforementioned
street.
The property owners signing this petition believe that sidewalks are not needed since there
currently is a safe condition for traffic, pedestrian travel and personal security. I understand the
concerns involved and I am in support of waiving the sidewalk requirements along John Way
and Kirwin Lane within this neighborhood.
Address Name Signature
10511 John Way Chen Yu & Xiang Li `_ (
' ~~_-l.c-~-
10520 John Way Amy Ma
n ,~') '~
10525 John Way Samantha Van Epps Trustee •--.~a ~; ! ~1,. v~i1Z ¢,~
10536 John Way Oyang Estates LLC ~. C~cL~~ ~, 1 v
10539 John Way Yali & Wayming Tai
10544 John Wa Ashutosh Das & Shubhra U adh a ";/~~ ;,: ~ ~ r~c `'~
10552 John Way Shao & Lin Tu ~-
- -- ~
10553 John Way Michael & Judith Gaffne~,r ~,i1. -
10566 John Way Pauline Chan
10567 John Way Mabel & Voyle McFarland Trustee ff ,y r~ , 5 %~ ~ ~ ~,.~~.- ]t
~~~ --.,~
s
10580 John Way Ji-Mai Chen
--~
10581 John Way Josephine Kwan & Ming Tsang ~; '.~~ ~4r;~' ~~ -,.~"
10596 John Way Sheau-Hue Shieh & Kuo-Lang Wu ~ Yes " •°~,_.~ 2 6~~
G:\1'ublic Works\Rwal & semirwa] petitions\petition johnw~jy-area2l hannah chow.doc
December 19, 2008 Hannah Chow's File: 10552 John Way
o: Director of Public Works
City of Cupertino
From: Property Owners of John Way and Kirwin :Lane
Re: Sidewalk Exemption
The property owners signing this petition are requesting that the City of Cupertino consider their
request that the streets named above within the limits shown on the attached map be designated
by the City Council as "rural" or "semi-rural" in character. Such a designation will alter the road
improvement standards for the streets within the limits shown. In this case, the property owners
signing this petition wish to omit sidewalks as sta~idard improvements for the aforementioned
street.
The property owners signing this petition believe that sidewalks are not needed since there
currently is a safe condition for traffic, pedestrian travel and personal security. I understand the
concerns involved and I am in support of waiving the sidewalk requirements along John Way
and Kirwin Lane within this neighborhood.
Address Name
10614 John Way Jean & Yao Lee
10615 John Way Hosanna Ho & Steven Ciiu
10628 John Way John Wei ~;;~'";~~1, it
10629 John Way Shu Ying & Ching-Min Lai
Signature
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10645 John Way Thomas & Jean Cuthbehaon Trust _ ~~`'~~..`~-a~~--
Kirwin ~ ,
20635 Lane Dorice & Musan Hu f-- _
/D3~7 Uc~~ G~~~ ~,~~ -,ZLLti,~l'U q~C.+.-~-<-~1~0
G:\I'ublic Works\Rural & semirural petitions\petitionyohnway-area2l hannah chow,doc
December 19, 2008 Hannah Chow's File: 10552 John Way