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Ordinance 047(a)
ORDINANC:3 NO _ 47 { a ) AN ORDINANCE OF THE CITY OF CUPI;RTIlVO AMENDING ORDINANCE N0. 47, B>ING THE SUBDIVISION ORDINANCE OF' THE CI'PY, BY THE ADDITION OF' SECTION 27, ESTABLISHING HILLSIDE SU"DIVISIONS. TH$ CITY COUNCIL OF THE CITY OF CUP:~RTINO DOES ORDAIN AS FOLLOWS: SECTION l: Amendment Section l:l: Ordinance No, 47, being the Subdivision Ordinance of the City is here'py amended by the addition of the following section, establishing hillside subdivisions: SECTION 27: Hillside Su'odivisi~~ns Section 27:1: Definitions: 'Phe su'odivision o£ land, as defined in the Subdivision Ordinance X47 of the City which applies to areas where the prospective density will ?zot exceed two dwelling units per gr©ss acre and generally where the ~zatural slope exceeds 10 per cent. Certain proposed subdivisions ~,vith areas of generally less than 10 per cent slope may have special :!~illside problems, and these may be classified, in part, as hillside sul~division land in order to benefit i'rom the application of these speci;~l standards. In such cases the City Engineer shall determine the applicability of this definition. For purposes oC this definitio:~, gross acreage is the total area of the parcel to be subdivided, or that portion thereof which includes the .prospective lots and their attendant street rights of way and easements. Section 27:2: Desitn Standar~~s for Lots a. General: All lots are to be designed to provide the maximum in safety and human enjoyment while taking advantage of the best natural building sites. b. Grading: 1. Preliminary or tentative grading plans will 'oe required as specified in Section 3 oI' the Subdivision Ordinance of the City or as a part of the conditional approval of the map. Only minimum cuts and fills will be allowed; excess- ive bulldozing and large man-made 'puilding pads will be discouraged. Split level houses are encouraged.) 2. Cut or fill slopes occurring on a property line shall 'oe made a part of the downhill lot. A minimum of 5 feet will be required from the top or toe of any cut or fill to the building foun- dation, unless otherwise approved at the time of the 'auilding permit. 3. A final lot grading plan and quantity estimate may 'pe required as part of the conditional ap- proval and as a part of the tract improvement plans with guarantee by separate performance bond of 100 of cost of such lot grading and construction of driveway approaches for the entire tract. c. Lot Size: The area of each lot shall be sufficient to include the house, together with required setbacks and yards; adequate space for access and off-street parlcing~ and any necessary cuts and fills. d. Off-street Par'.ca.n Where lots have frontages on a roac~.way less than 0 feet wide or on a su'odivision street which is not designed to permit parking at the cur'o, off-street parking shall be provided as follows: 1. Common off-street parking areas to serve several dwelling units shall be pro-sided at the rate of two spaces per dwelling unit, exclusive of gar- age or carport, or 2. Each lot shall be improved to provide off-street parkin; spaces for two cars in addition to park- ing provided within garages or carport. Drive- ways may be used to provide this parking. e. Frontage: All lots shall have frontage on an approved street. Where the principal frontage of a lot is by means of a corridor, such corridor shall be at least 20 feet wide. A lesser width for a corridor may be approved when a 2-foot width would not be practical because of existing permanent structures or topography. However, in all cases the corridor width must be suf- ficient to accommodate a safe driveway of not less than 12 feet of useable width, and if the length of the corridor is over 150 feet the useable width must be at least 18 feet. Where two such corridors are combined, the total access width need not exceed 30 feet if each lot has right of access over the cor- ridor of the adjoining lot and the total useable width is not less than 18 feet. Section 27:3: Desin;n Standard-Streets: a. Desi n Cons~.derations -- The following factors shall be consi erec ~.n~e`design of streets in hillside su'odivisions: 1. Volume of traffic 2. Topography 3. Parking and driveway access 4. Fire protection and accommodation of emergency vehicles 5. Size of lots 6. Aesthetics and preservation of natural attributes 7. Drainage requirements b, Rights of Way: Standard right of way widths as spe- cified in the Subdivision Ordinance shall be required. Exceptions can be made only when one-way streets are permitted or where the City Engineer determines that the standard width as applied to the particular case would be impractical or would create unnecessary hard- ship. Rights of way shall 'Ae sufficient to include the following: 1. Ample space for cuts ments are provided is r~~;l~~ of way Width. hei ;ht, the right of clear the top of cut at least 10 feet. and fills unless slope ease- Z addition to the uniform WYis~e cut$ ~.~~sec~ ~.5 feed a.n way or slope easements shall or the toe of fill slope by 2. Space for all required street improvements, such 88 pavement, gutters, walkways, shoulders, and d~airta~~ gtr~:~ctu.res and facilities. _~_. 3. Space far all public: utilities. c. Streets and Drainage Improvements: 1. ~Jidth of Pavement: The classification of streets is o be determined by the City Fn~;ineer. The required width of pavement as measured 'oetween the face of curbs and between the edge of shoulders shall 'oe as follows: a. Cul-de-sacs ser~~ing a potential of 6 dwelling units or Less -•- 20 feet. b. Cul-de-sacs serving a potential of more than 6 dwelling unit, -- 24 feet. c. Local streets u;>ed primarily to serve abutting property -- 24 .feet. d. Collector streets used primarily to carry traffic from local streets to other local streets or major streets -- 30 feet. e. Major streets used primarily to carry traffic between collector streets and other higher volume trafficways -- 40 feet. 2. One-way and Loop Streets; One-way and loop streets ma`y e consi ered vahen their use is justified by detailed engineering studies submitted 'oy the de- veloper. If one-way or loop streets are used, emergency pull-out areas shall be provided at 500-foot maximum intervals. 3. Dead End Streets: The number of dwelling units served 'py a cul-de-sac shalt normally not exceed 10. The length shall not exceed 800 feet except where topographic conditions require use of longer cul-de-sacs. In cases where the length of cul-de- sacs is greater than 800 feet, fire hydrants shall be placed approximately every 600 feet with a stan- dard pull-out located adjacent to each hydrant. A secondary means of access may be required where a dead end street is longer thar. 1,000 feet. 4. Private Access Roads: Private roads and appurte- nances providing access to a proposed subdivision shall be improved to meet the requirements of the City Engineer. 5. Curbs Gutters and Dikes: Concrete vertical curbs an gu ters may a required to control surface drainage. Plant mix dikes may 'oe used as barrier cur'os when approved by the City Engineer. 6. Walkways: Wallways may be required to permit safe pedestrian traffic; a. Where dwelling units are on a through street and are within one half mile from the near- est school or future school site. b. Where they are needed to provide an adequate system of wa1k~: between lots to serve pedes- trian traffic. c. Where wallecaays are needed but the shoulder areas are not ~.mproved to permit safe pedes- trian traffic. 7. Shoulders in Cuts ~:nd Fills: A11 shoulders shall 'pe at leas 3 fee wi e, measured from the edge of pavement elticept when additional width is needed for utilities and Urallcways . $. Grades and Curves: A11 grades and curves shall be desi~ rov~de proper sight distance and safe stopping distance in relation to the design speed. g. Drainage Facilities: Flood control and drainage acili ies a or ing positive storm water disposal must be provided in accordance with existing flood control ordinances aiZd engineering standards. Lined channels. may be constructed to intercept runoff behind the top of cuts as required by the Flood Control and Water Conservation District. All street drainage shall be carried to an accept- able drainage control. 10. Treatment of Concrete: To promote rural atmosphere special treatment of concrete may be required. d. Street Lizhting: Street lights at major intersections will be required in accordance with existing street lighting policy. Section 27:3: General Provisions a. Water: 1. The water supply must 'oe sufficient in quantity and quality to meet the requirements of the City for domestic use as specified for subdivisions. 2. Water pressure and supply must be sufficient to satisfy requirements of the Subdivision Ordinance. b. Soil: 1. If, in the opinion of the City Engineer, there is an existing or a potential hazardous soil condi- tion, a report and solution by a qualified soil engineer may be required prior to development. 2. Erosion control planting may be required. c. Tree Removal: Special attention shall be directed toward retainin6 the desirable trees. d. Retaining Walls: Retaining walls may 'oe required to minimize cuts and fills or to assure safe road con- struction. Section 27:4: Street Section Standards: Street sections shall be established by the City Engineer with particular reference to the general standards which are established herewith and made part hereof as Appendix ~A" and "B" . SECTION 2: Scope of Regulations Section 2:1: In the event tl~iat a parcel of land qualifies as a hillside subdivision as defined in this Ordinance, the requirements of this ordinance shall apply, the provisions of Ordinance No. 47 notwith- standing. In the absence of regulations not established 'ey this ordi- nance, the provisions of Ordinance A1o. 47 shall apply. SECTION 3: General Clauses Section 3:1: Sections 22, 23, 24, 25 and 26 of Ordinance No. 47 are incorporated herein and made part hereof as if fully set forth. ..~ - INTRODUCED at a regular meeting of the City Council, on the 2nd day o" July, 1962; ENACTED at a z°egular meeting off' the City Council of the City of Cupertino, this 6tri day of August, 1962, by the follow- ing vote: AYES: Councilmen: Finch, Saj.ch, Jewett NOES: Councilmen: None ABSENT: Dempster, Benetti ATTEST: City Clerk ayor I, LAWRENCE K. MARTIN, City Clerk of the City of Cupertino and ex officio clerk of the legislative ~~ody of said City do hereby certif that the foregoing is a true and correct copy of Ordinance No. 47(a~ on file in my office and that the same has been published pursuant to law. IN WITNESS WHEREOF I ha~e hereunto set my hand and City Seal this `j~ r ~ y day of (~~~-~-c ~ 19F~ ~~ . ~i ~~ City Clerk