06. Semi-rural Santa Lucia Rd.CUPERTINO
DEPARTMENT OF PUBLIC WORKS
Summary
AGENDA ITEM (D
AGENDA DATE September 15, 2009
SUBJECT AND ISSUE
Adopt a resolution approving asemi-rural designation to eliminate the requirement for sidewalks
on Santa Lucia Road, pursuant to Ordinance No. 1925.
BACKGROUND
In the past, a number of residential propert}- 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 character that would be compromised if the
normal concrete curb, gutter and sidewalk, and streetlight improvements were applied.
On October 20, 2003, after receiving from su~:h property owners a number of requests for
exceptions to the City requirements, City Counc;il adopted Ordinance No. 1925, amending the
City Municipal Code by establishing criteria to be used for designating 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 con~~erning neighborhood consensus, safety, and
drainage form the basis of the criteria. There have been 32 applications under the ordinance to
date. Of those, 24 applications will have been completed and approved if the present application
is approved, seven applicants have not returned completed petitions to the City, one petition was
denied.
Property owners along the frontage of Santa Lucia Road (shown as Area 32 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. Presently there is no sidewalk
on either side of Santa Lucia Road. Concrete curb and gutter or asphalt dike currently exist on
6-1
both sides of Santa Lucia Road. 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 2006 and 2008, there have been no pedestrian or vehicular accidents reported in
the area.
Adjacent street, Merriman Road (Area 24), received City Council approval for semi-rural
designation on April 18, 2006 (Resolution 06-074). The addresses for 10690 and 10692 Santa
Lucia Road were previously included in the Memman Road semi-rural designation, and they
were not included in this current semi-rural application.
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.
FISCAL IMPACT
There is no fmancial impact.
STAFF RECOMMENDATION
Adopt Resolution No. 09- l `1 ~ , approving a semi-rural designation to eliminate the
requirement for sidewalks on Santa Lucia Road.
Submitted by:
~~ Ralph A. Qualls, Jr.
Director of Public Works
Approved for submission to
the City Counci
~..~~ s ~
David W. Knapp " ~
`"pity Manager
Attachment A Resolution
Attachment B Area Map
s-z
Attachment A
~-
RESOLUTION NO.09-145 ~R~~~
A RESOLUTION OF THE CITY COUNC;IL OF THE CITY OF CUPERTINO
APPROVING ASEMI-RURAL DESIGN~~TION FOR SANTA LUCIA ROAD
WHEREAS, property owners along the frontages of Santa Lucia Road have circulated
a petition in support of altering their neighborhood designation to semi-rural; and
WHEREAS, 2/3 of the property owners have signed in support of eliminating sidewalk
requirements for this street.
NOW, THEREFORE, BE IT RESOLVED rCHAT the City Council hereby approves a
semi-rural designation for Santa Lucia Road.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino thisl5th day of September, 2009, by the :Following vote:
Vote Members of the C~ Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk
Mayor, City of Cupertino
6-3
,.
10663
h.~
"esT
"\
Attachment B
~; ~~
LL
EXHIBIT S
BEGIN
HERE
Cc ~ /~s/~9
~~
CUPERTINO
PUBLIC WORKS DEPARTMENT
Memo
AGENDA ITEM Item No. 6 (Consent
AGENDA DATE September 15, 2009
SUBJECT AND ISSUE
Adopt a resolution approving asemi-rural designation to eliminate the requirement for
sidewalks on Santa Lucia Road, pursuant to Ordinance No. 1925, Resolution No. 09-145.
BACKGROUND
Ordinance No. 1925 provides for Council to approve asemi-rural designation for certain
neighborhoods when Council has been petitioned by two-thirds of the affected property
owners. Asemi-rural designation allows th~~ petitioning neighborhood to omit certain
standard roadside improvements, sidewalks in the present case, in order to preserve a
semi-rural character of the neighborhood.
Attached are copies of the completed petition for Santa Lucia Road, the map of the
affected area, and the explanation and instruc~`ions sent by the City to the petitioners. Also
included is a copy of a letter opposing the petition from a property owner in the affected
area John Kolski.
STAFF RECOMMENDATION
That Council adopt a resolution approving asemi-rural designation to eliminate the
requirement for sidewalks on Santa Lucia Road, pursuant to Ordinance No. 1925,
Resolution No. 09-145.
...,~ c...Qc~ U~~
Ralph A. Qualls, Jr.
Director of Public Works
Attachments
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
PH: (408) 777-3354
FX: (408) 777-3333
PUBLIC WORKS DEPARTMENT
Shabnam Richardson
10650 Santa Lucia Road
Cupertino, CA 95014
Date: August 17, 2009
Dear Ms. Richardson,
pusi.~cwa~ ~
AUG 312009
Currently, when a property owner in the City of Cupertino builds a new house or increases the square footage of
an existing residence by 25 percent or more, the City requires the property owner to install curb, gutter, and
sidewalk, and in many cases, a streetlight along the street frontage of the property involved. On October 20,
2003, Cupertino's City Council passed Ordinance No. 19:?5, which allows residents to request that the City
approve rural or semi-rural street standards for their street or neighborhood. On Apri15, 2005, the City adopted
a Public Works fee for the rural/semi-rural classification ~:pplication that went into effect on July 1, 2005.
If approved for" a street or neighborhood, the rural and semi-rural street designations allow for relaxed standards
for roadside improvements, such as curb, gutter, sidewalk, and streetlights. Heretofore, the Cupertino
Municipal Code allowed this possibility only for hillside developments.
The ordinance requires that a petition be circulated amon€; the property owners along the street or streets for
which a change in the conventional street improvement st;~ndards is being requested. The petition must be
signed by at least two-thirds of the property owners affected in order for the process to continue.
To initiate the petition process, an applicant should forwa~•d a written request to the Director of Public Works
asking that a rural or semi-rural designation for a street or streets, or a neighborhood be considered. The request
should name the street or streets, or neighborhood for which the request is being made and specify what street
improvements the applicant wishes to include, omit, or modify.
Applicants can refer to the attached Figure 1-1 1, Rural and Semi-rural St~•eet Sections and the attached ordinance fo:
guidance in making a request Applicants should make reference to the required findings enumerated in the
ordinance in order to support requests for modified impro~~ement standards. For example, an applicant, as
appropriate, should be able to assert that sidewalks will not be needed because of the rural character of the area, or
that safety will not be compromised for those that walk along the street, or that the street is not recognized as a route
to school.
The Public Works Department will tailor a petition to the :needs presented by each request. If the petition
achieves the required two-thirds signup of the property ov~mers, the Public Works Department will present the
petition, together with its recommendation, to the City Council for consideration. It should be noted that the
Department of Public Works would make its recommendation to the Council based on its evaluation of the
merits of a request. If Public Works determines approval ~~f a request to omit or modify street improvements to
be inadvisable, it will forward to City Council a recomme~idation to deny the request. Public Works will make
the determination of the appropriate boundaries of the are~i affected.
Prinfed on Recycled Paper
Any surveys, studies, plans, profiles, etc., determined by the City Engineer as necessary for making any of the
findings necessary for a rural or semi-rural street designation shall be the responsibility of the applicant for such
designation.
For those applicants who are currently applying for a building permit, an improvement bond is required for all
the currently required improvements until the applicant has successfully completed the process to omit street
improvements or modify the street improvement standards. If City Council has deemed the bonded
improvements unnecessary, the applicant will receive the bond back in full.
If you have any questions, please contact me at (408) 777-3237.
Sincerely,
Hannah Chow, PE
Associate Civil Engineer
Enclosures: Petition for signatures, Figure 1-11, Ordinance 1925, Exhibit Map
RECEIVED
To: Director of Public Works pUBLiCwoRI~sDEPAdtTMEN'T
City of Cupertino
AU G 312009
From: Property Owners of Santa Lucia Road
(between Stevens Canyon Road and Cordova Road)
Re: Sidewalk Exemption
The property owners signing this petition are requesting ghat the City of Cupertino consider their request that
the streets named above within the limits shown on the at`ached map be designated by the City Council as
"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 standard
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 Sant~- Lucia Road between Stevens Canyon Road and
Cordova Road within this neighborhood.
No. APN Site Address Owner
342 16 059 10530?SANTA UCIA RD Kolski Jo 1hn E:(Tlrustee
UliL~l 1h • 41..0 d OnY !7J~.'1,,~
'~,Z 342 16 058
342 17 106
10540 SANTA LUCIA RD Kolski John E: Trustee
10551 SANTA LUCIA RD Jiang Joseph & Evelyn
Li CZingyu & Zhu Xianing
4 342 16 040 10554 SANTA LUCIA RD Trustee
5 342 16 039 10566 SANTA LUCIA RD Galves Regina Trustee
~~
6 342 1 135 10570 SANTA LUCIA RD Lau Jaime & Ellen Trustee
7 342 16 131
Parruck Bidyut & Anand
10582 SANTA LUCIA RD Shobhana Trustee
8 342 17 002 10583 SANTA LUCIA RD Lumactod Richard
Signature
~' - Gam- .~
To: Director ofPublic Works ~rvED
City of Cupertino PUBLtCwORxsD>~~x'rMErrr
From: Property Owners of Santa Lucia Road AUG ~ 12009
(between Stevens Canyon Road and Cordova Road)
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
"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 standard
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 Santa Lucia Road between Stevens Canyon Road and
Cordova Road within this neighborhood.
No. APN
9 342 16 130
10 342 16 145
'11 342 17 082
Site Address Owner
Malone Conor D & Laura "
10584 SANTA LUCIA RD Trustee
Lee Dennis C & Katherine
10588 SANTA LUCIA RD Trustee
10596 SANTA LUCIA RD Kapoor Sushil
12 342 16 085 105 8 SANTA LUCIA RD Lee Alice Y
13 342 17 096
14 342 16 061
15 342 16 141
10615 SANTA LUCIA RD
10620 SANTA LUCIA RD
~,.,.v,L, h-.".~.
Y"t 0. A
Jiang Zhen & Hu Zhen
Ilic Maksa & Miroslava
Trustee
M ~~i N 14~.
10630 SANTA LUCIA RD Shin Yong Do
16 342 17 005 10631 SANTA LUCIA RD Horn Bruce & Adams Kim
To: Director of Public Works ~~
City of Cupertino ptJ$LIC WORKS DEPARTMENT
From: Property Owners of Santa Lucia Road AUG 312009
(between Stevens Canyon Road and Cordova Road)
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
"semi-rural" in character. Such a designation will alter tYie road improvement standards for the streets within
the limits shown. In this case, the property owners signing this petition wish to omit sidewalks as standard
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 Sant; Lucia Road between Stevens Canyon Road and
Cordova Road within this neighborhood.
No. APN
Site Address Owner
Signature
17 342 17 041
18 342 16 035
10645 SANTA LUCIA RD Adzich Wesley V
Richardson Joshua &
10650 SANTA LUCIA RD Shabnam
Dwidar Ahmed M & Fahmi
19 342 17 069
20 342 17 098
21 342 17 099
10651 SANTA LUCIA RD Azza H
10655 SANTA LUCIA RD Rane Kiran :i & Smita
10663 SANTA LUCIA RD Ng Shirley K
,(, ~
.•'` 1
~_
SANTA LUCIA RD Yan Chi in & Bee Choo ~ ti ~~
22 342 16 144 10668 g p g
23 342 17 097 10675 SANTA LUCIA RD Shoukry Mohamed & Hala
24 342 17 009 10679 SANTA LUCIA RD Hill Robert I~
-~~
To: Director of Public Works ~~
pus~cwoxxs D~AR~~r
City of Cupertino
From: Property Owners of Santa Lucia Road AUG 312009
(between Stevens Canyon Road and Cordova Road)
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
"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 standard
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 Santa Lucia Road between Stevens Canyon Road and
Cordova Road within this neighborhood.
No. APN
25 342 17 056
J 26 342 17 093
27 342 17 094
~ 28 342 17 045
29 342 17 046
30 342 17 047
31 342 17 108
Site Address
10701 SANTA LUCIA RD
Owner Signature
Baum Peter & Claire
10707 SANTA LUCIA RD Roberts Janet P Trustee. ~--
~ ~~x~Ee w~ ~ v-e~'S , y~,c-f' ~ g 7 3 - (p -'J' ~-
Shawki Hesham F & Zayed
10715 SANTA LUCIA RD Nancy S
10721 SANTA LUCIA RD Malisic Miladin & Darinka
Huang Kai-Ti & Chen
10723 SANTA LUCIA RD Yvonne
Mizrahi Moti & Winaker
10.725 SANTA. LUCIA RD Nanette S Trustee
l~
10729 SANTA LUCIA RD Yee & Lau Family Trust
i~ ~ ~/
~, `~>
32 342 17 107 10739 SANTA LUCIA RD Shekarappa Raju
To: Director of Public Works xEC>;rv~
City of Cupertino ~I1cwoRgsD~.~t'rME~v~r
From: Property Owners of Santa Lucia Road AUG 3 12009
(between Stevens Canyon Road and Cordova Road)
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
"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 standard
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 Sant; Lucia Road between Stevens Canyon Road and
Cordova Road within this neighborhood.
No. APN Site Address
33 342 17 091 10741 SANTA LUCIA RD
34 342 16 073 10744 SANTA LUCIA RD
35 342 17 090 10751 SANTA LUCIA RD
Owner
Carlson Eric & Shkolnik
Jamie
Chen John Flan Chiang &
Cheung Yang Ha
Madan Viranjit S & Smith
Deanne B
Signature
10751 STEVENS Troiano Michael J & Lydia N _ -l -
36 342 16 064 CANYON RD Trustee / C~-~d~
'~ l 1 (~~ ~~~ ~~ ~ ~C
t~1~r
'0 "~ ~~ .
VARIES
VARIES VARIES
I
SWALE ---2% 2%-~
..~ ,
A.C. surface
course Agg. base course
A.C. base course
RURAL
VARIES
SWALE
R ~
VARIES
VARIES VARIES VARIES
No Sidewalk No Sidewalk
or or
Alt. Sidewalk I 2%, Alt. Sidewalk
2q I
,i, i, i, i. ~.•.:...;.., o o
~ e /.~/.~/.~/.~,
A. C, surface
course Agg. base course
A.C. base course Rolled curb
and gutter
Rolled curb or
and gutter A.C. Dike
°r SEMI-RURAL
A.C. Dike
RURAL & SEMI-RURAL STREET SECTIONS
CITY OF CUPERTINO APPROVED BY~-~V~-` ~~- ~~ DATE: /~~ z0.03 1-11
STANDARD DETAILS CITY ENGINEER
Page 1 of 1
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C~aapter 14.6$, 5 1A.6+.€I#Ct, is irre~dtd to add the Fotkwvua~
C~tafn 1ncrl streets r~ r~ ttridcr rice liilsidc dcvcf~st pro'v'isn~tu af' ttais
Code may' be af` svcFs a ti~pT1"e ilt#t the City can dCttranirie tbten to tx c~gibk t-~
c:eodifed' i~iigrnw,enrtnt 5tandards_ Devcleep~xs of properEes that ;scent raa
amienprtnrcai ar y?a~iatl3~ ~a~raaaci p~nttio¢as of` such ar. atzce4 may ~Y m the Cat' 1` ~-
raocitp the irnpxrxveaaeaat ~ fare th8t t by rer~estiaig tt~t the C3riy aElopt a
a'ursil cr scn~nars! de~iidta fnr hurt stuxc.
'lac City C+attaetil, ~ the e+x'+nrrtmrcmttatiaaa of the G`[ty ~tx~itaeer ]a1a} aPP~`e a
rutrsl ar sem%-inra! diesigaa~tap far a . taaecd aeprnar t[ee foltau'ing findangc:
Farr cishcr r Waal our as scini~attral eft dcsgraalitcae,
!, Ganventionat i~ qne nt~t aysp~uol,+rizuze due tin 1 claassc°[er of
ticr'cla~ncn: in sacs,. ~ ~ ~levelnpeet PAP Isek srxlt.
t~
~, if si4eee+mli~ is not to ~ pctiv~,ded, tfsc is ~ o1a s recagrtmed mute ~- actevol,
3_ tf side~lk ~ t' ~ !ae p~~ideti, trri9~e cceodifioras rpt tlEe stESae# aaax sit that
pedcslriatts tsaay travcJ safety along the s[nxt w~t3sart s s~e~esrste pedest
petleway.
~. 'I]aerc nre eta sigraifErent asilaa'liry issues t.,+~it1 arise fromt lack afsi3~stk oc
t~lC t;L$G 4~alt[ttlfatC SI~AVa!!~.
5.. VJatrr of strcetl~ta ar sltes7aaYe t~et3ights rx'cettld tacit. antitrilx.~ to aria: tutss~`e
c~amiit~ea fear t`aiir tristt 1'~t~Cl, aY t41t ~cta'ity of fret seuratm~tlit7g
rtei~bonc~xxi. 17eerre are zeo nurinhxsanear ur at~seecaraen isms ~r:~iL~ any' alternarte
pE~~4scd.
Its sdflc%nn, t'br xa sertri-nrca! dcsitiom:
t. Ade+gsaste drain slog Iiat street ared in the a.trs+asundirag stem rxiats, ar ran be
a~cved, >vrith alternate curb a~cl gntGrr nr dike.
2. ,4~t lsast tthi Ms ~-£ the pa~aperty o~.+rters a1 flee st"tcsd Isav~a sigped a
i{aedtiar to dye City r~etttucacinrg a ec>rti-rural ds~i~aation far their staret 3~ae petitS,nn
t7tMSt snake it Gib' that sirtetligl-ta a9ey nat be tertalty a'siwcd alnaag; t9ee slrect, but
may atiil be t~sq~irc~ nt lar~r saaaga ~r ;it itn~ortant lucatiatffi> such as
in#crsectians. ¢]tmg the Fta"Mt,
lry ~lttitioae, Eser a torsi dcsignafian:
1. Adcquatr d~agr slcng Ehe ~ aexl its flue sinarotnukiag errs. tx~, pr cart
sc~siet+ad, xuitYintat curb and guttts.
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Page 1 of
r~,~x No. 1S~S
~, ~4,t ic2st ~vwo-thirds of tlx P~'vP~Y n~' ~8' Vie. affe~ str~ have saga~d a
peaihnn tts ilbe Cry rcga~tin8 a rural cksigttaxicet fa ti,eir strcct. ''#ae getifive must
rc,+rkcst clsar tiu4a stsxc'~ti89ns F-1~+3' be t'>~Y eta.~g lttc ~tre~.1~4 maY stil]
be rcx~tiretl cs largsr s~scix~s ~ at irtapm 1asr~tioate, Basch bs inta~arrti. ela~g, iktie
stract. The pdtiiins ma,si als~s make- it t]~ar Ebel ~reC't a+~~ping tdmttat be per~ocsnCd
vn ~a+htwct t3aer+c is no ~xi 1.
Alitcp to atatldard 'high. c~6 ae~ gattttc (T?'pe A2-(r, Fig. 1-16. F trf Csxa
.~Yaatodo~rd iku'atts} iltaY >a~7:i typiosl9y !ae a~-tablc ~ snlf corks iT~ F, [bid.) Bard A.C,
E}ikc {1`ype X43-G}~, ltaid.3
~{n4 j>~Jt+Ct~ tat vG1;41C14 Y r1~G'9i tlit SeCtt].1 1\'aiEllld apply I~YC Da3G7tuasd aka
a suet erthitti Svc y a~ :ha data that flee Cii apgrosrod a rraral ac seasi-
naal drsignatioas fia~ tk'art z,ttett, t!-e rural ~r rxsactatatal desigat<tiort x~ri91 t~~. snd Qie
scar~dartt imprrt+~crncsau will mein be aa~ixxal for the street ssntil such trne that the ~itl+
{'.nut~il apiprv~+~c-a a nc~~ rural or srnni-rural de~ignati<xr for the erect by tk~ paucc~s
oarKli~ed ~ this aectaaa.
Any surveys,: sxucii~es, plactc, prwfiks, as., ~de:e:xnined by iiae ~~y Ergiiseer ~
ne€er.€ary for making ~ asf the fvargcrring timings fetr a ru.~ak or a~i-tvaral iStFt~t
d!esgaaaiirm shad ~ t[ye r+srasikalit~ ctf tYse mpplicant for such detr-i~uti
The pity a~:91 f}'tha fit artd caastcat a pe~titia-rs.
"C}p~sl '"rwz9" snd "Benxi-Haul" si,tet meciaaaia ace eho~a in I~ u~ i~ l 1 aF the Cat} of
"1`t9'Itr C'ITSc' ~~ +C31r ~ C1TY Sk'F CU1'1r1zT~ 1~ H18~ t~1t,LlrlIPi tk~t
~napter 9 $.32, SectsasEi 1$.32.ik3t}, is astaetxlrt+d io ~ die fislT~aa+sn~t:
M~ street previously gtrutGecl a rural or semia-r~tkral rlea,gnatixm ursder the prcn~isi~ais of
~t107a I ~,Cwt.A4tk sisal laG ua5praavod tD t}+C FEeal~etal °~'"~t"~' fo- tl3ai. 6'~'GCt.
[~?ROI7i3~L:1;D at s regular roseting of ~e ~iF~ Cv~ai9 of ~e Ci1y crf Cupertino dais (1h
da} €sf t'ktober 2~b3, assd Arm at a trgplar rnretir,& of t'hc airy vfCupt~tirsv this 2bt'h clzy ~
r)ctnlxr 20b1, ksy lire tnllaa~tsg vat:
'4~btC ~lt:[iaktE75 bf t}tC CfYV Cxsta:~i1
AYES:
?+:C1ES:
ABSENT:
A}3STAlt:
t~ang4 ~ame§, T~v,~oli, Sa~lv~al, Lowmlttal
N~otve
l+it~c
N~otvo
A.TT'i~T:.
,~{~ .
Giiy ~'ieaic
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CITY OF CUPERTINO
RECEIPT NUMBER: BS000008396
RECEIVED BY: HANNAHC PAYOR: SHP.BNAM RICHARDSON
TODAY'S DATE: 08/10/09 REGISTER DATE: 08/10/09
TIME: 10:54
1
MISC REVENUE RURAL/SEMI RURAL APPLICAT $696.00
----------------
TOTAL DUE: $696.00
CREDIT CARD: $696.00 REF NUM: amex 41003
TENDERED CHANGE
$696.00 $.00
f p ~ ~ Sk~,rf-x Luca /~
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SEPT. 8, 2009
SEP 10 2009
A REQUEST, PLEA AND STORY
TO MY SURPRISE AND DISBELEIF WHEN I GOl' MY MAIL LAST SATURDAY, I RECEIVED A CARD
FROM THE CITY FOR BOTH PROPERTIES I OWN, STATING THE PROPERTY OWNERS OF SANTA
LUCIA, RD. HAVE SIGNED A PETITION WITH TV'JO-THIRDS SUPPORT TO KEEP SANTA LUCIA, RD.
A SEMI-RURAL ROAD.
PLEASE, FIRST LET ME TELL YOU THE FACTS. A FEW WEEKS AGO A LADY SAYING SHE LIVED
ON SANTA LUCIA, RD. CAME UP TO ME ON TH1= STREET STATING THAT SHE WANTED ME TO
SIGN A LETTER SO SHE WOULD NOT HAVE TC PUT IN STREET IMPROVEMENTS IF 50% OF THE
NIEGHBORS SIGNED IT. MY RESPONSE TO HEIR WAS NO, AND THAT I FELT STREET
IMPROVEMENTS SHOULD BE REQUIRED WITHOUT EXCEPTION AS THE CITY CODE REQUIRES.
SHE LEFT AND I WAS NOT SHOWN A PETITION.
IF IN FACT THE LADY THAT CAME TO ME HAD'THE PETITION, THEN IT WAS MIS-RESPESENTED
AND SHE DID NOT ASK ME IF I WAS A PROPERTY OWNER OR A RENTER.
I REQUEST THREE THINGS THAT NEED TO BE DONE TO MAKE SURE THIS ISSUE IS VALID.
ONE, THAT I RECEIVE A COPY OF THE SAID PETITION THIS WEEK, WELL BEFORE THE
SCHEDULED MEETING; TWO, THAT THE MEETING BY THE CITY COUNCIL TO VOTE ON THE
MATTER BE RE-SCHEDULED UNTIL THE CITY OFFICIALLY SENDS A PETITION OR CARD TO VOTE
TO EACH OWNER OF PROPERTY ON SANTA LUCIA, RD. AND THREE, THAT THE CITY VARIFY ALL
THE SIGNATURES ARE PROPERTY OWNERS.
I QUESTION THAT ALL THE OWNERS OF PROPERTY OF SANTA LUCIA, RD. WERE CONTACTED,
DUE TO THE FACT FIRST THAT SOME DON'T LIVE IN CUPERTINO AND THAT SOME RESIDENTS
OF SANTA LUCIA, RD. ARE RENTERS WHO HAS/E NO RIGHT TO SIGN A PETITION ABOUT THE
PROPERTY THEY RENT.
I QUESTION THAT WHAT IS BEST FOR CUPERl~INO IN 2009 IS TO CHANGE THE RULES THAT
HAVE BEEN IN PLACE NOW FOR OVER 40 YEARS AND STOP WHAT NEEDS TO HAPPEN IN
INSPIRATION HIEGHTS AND THAT IS PROGRE:iS.
LET ME PLEASE GIVE YOU A LITTLE HISTORY OF INSPIRATION HIEGHTS
IT WAS SUB-DIVIDED IN THE LATE 1800'S AND IN THE EARLY 1920'S AND 1930'S IT HAD DIRT
ROADS WITH COWS USING THEM. I HAVE MY GRANDFATHERS PICTURE.
MY FAMILY HAS OWNED OUR PROPERTY FOR NOW OVER 102 YEARS AND I HAVE LIVED ON IT
FOR 65 YEARS, MY ENTIRE LIFE. WHEN MY GRANDFATHER BOUGHT AND LIVED ON IT IN MY
HOUSE TILL HIS DEATH, HE WOULD HAVE NEVER WANTED THE AREA OF INSPIRATION HIEGHTS
TO STAY THE SAME AS IT WAS FOREVER. TODAY, MY MOTHER OF 87 YEARS, WHO CREW UP
WITH THE PROPERTY AND HAS LIVED HERE NOW FOR ALMOST 70 YEARS TOLD ME THAT HER
AND MY FATHERS DREAM WHEN THEY BUILD THE HOUSE I WAS RAISED IN 67 YEARS AGO WAS
THAT THIS AREA WOULD DEVELOP TO BE A NICE AREA. WHEN MY PARENTS BUILT THE
HOUSE, THERE WAS ROWS OF CORN PLANTED ACROSS THE STREET WITH COWS AND THE
BANK WOULD NOT LOAN MONEY FOR A NEW HOUSE BECAUSE IT WAS IN THE STICKS.
LETS BE HONEST, THINGS NEED TO CHANGE, PROGRESS NEEDS TO HAPPEN, INSPIRATION
HIEGHTS NEEDS TO BECOME A VITAL PART OF THE WONDERFUL CITY I LIVE IN.
MY GRANDFATHER HAD A GREAT TIME LIVING HERE, AS MY PARENTS AND I HAVE, BUT TIME
MOVES ON AND NEW GENERATIONS NEED TO HAVE THIS AREA AS THEY LIKE IT FOR THE
FUTURE, NOT KEPT BACK BY THE PAST.
WE ALL KNOW THAT THE AVERAGE TIME PEOPLE STAY IN CUPERTINO IS LESS THAN 6 YEARS
AND THEY MOVE ON.
IT WOULD BE WRONG TO PUT THE AREA IN A DEAD TIME ZONE. THIRTY YEARS FROM NOW IF
THIS IS PASSED IT WILL BE THE SAME AS IT IS TODAY, THE STICKS OF CUPERTINO.
i WOULD LIKE TO THINK WHEN I PASS ON, THAT MY FAMILY PROPERTY WILL GROW AS
CUPERTINO HAS, INTO PART OF THIS WONDERFUL CITY AND FINISH THE DREAM MY
GRANDFATHER AND MOM AND DAD HAD THAT THE FAMILY PROPERTY BE A BETTER PLACE TO
LIVE AS TIME GOES ON. AS IT HAS FOR ME.
THE OLD-TIMERS AND THE FOUNDING FATHERS MADE CUPERTINO WHAT WE ENJOY TODAY,
AND WE OWE THEM. BUT THEY DID IT WITH VISION. VISION FOR THE FUTURE, SO WE GROW
AND DON'T LIVE IN THE PAST. WE NEED TO REMEMBER THE PAST BUT NOT LIVE IN IT.
UNTIL THE EARLY 1960'S INSPIRATION HIEGH-fS WAS SANTA CLARA COUNTY
UNINCORPORATED LAND AND THE RESIDENTS WHO LIVED HERE WANTED TO KEEP IT THAT
WAY. THEN BECAUSE THE CITY OWNED THE'iIVATER DEPARMENT IT REQUIRED PROPERTY
OWNERS IN THE COUNTY WHO WERE BUIILDIIVG A NEW HOME IN INSPIRATION HIEGHTS TO
ANNEX THEMSELVES INTO CUPERTINO, SO TtiEY COULD GET WATER FROM THE CITY. THAT
TURNED OUT TO BE A UNHAPPY SITUATION FOR ALL AND CAUSED MUCH UNREST AND IT ALSO
TURNED OUT TO BE ILLEGAL. BUT IT REDUCED THE UNINCORPORATED POCKET SIZE OF
INSPIRATION HIEGHTS TO LESS THAN 100 ACI~ES, SO THAT CUPERTINO COULD ANNEX IT
WITHOUT A VOTE OF THE PROPERTY OWNERS.
THEN INSPIRATION HIEGHTS THEN WAS ANNEXED BY CUPERTINO WITH THE CONDIDTION
THAT ALL PROPERTY OWNERS WERE GRANDFATHERED AS THEY WERE AND WHEN THEY
DEVELOPED THEIR PROPERTY OR NEED OF P~ PERMT THEY THEN HAD TO FOLLOW
CUPERTINO'S CODES. ONE OF WHICH IS THAT UPON, DEVELOPMENT, ROAD IMPROVEMENTS
HAVE TO BE PUT IN WITH THE DEVELOPMENT AND AT THE NEED OF A PERMIT OVER $2,000.00
IN VALUE THE PROPERTY OWNER IS REQUIRED TO SIGN A DEFERED AGREEMENT TO PUT IN
STREET APROVEMENTS UPON REQUEST FROM THE CITY AT SOME FUTURE DATE, IF THE
STREET IS BEING COMPLETED. IF NO DEVELOPMENT OR REQUEST FOR A PERMIT OF $2,000.00
IN VALUE IS INACTED BY THE PROPERTY OWIJER, THEN THE PROPERTY CONTINUES TO BE
GRANDFATHERED.
FOR THE RECORD, THE BEST THING THAT EVER HAPPENED TO INSPIRATION HIEGHTS WAS IT
WAS ANNEXED INTO CUPERTINO.
SINCE, MANY PROPERTY OWNERS ON SANTA. LUCIA, RD. HAVE DEVELOPED THEIR PROPERTY
OR GOT PERMITS AND HAD TO PAY FOR STREET IMPROVEMENTS, THE QUESTION NOW
WOULD BE IF THIS WAS VOTED ON AND PASSED; WOULD THE PROPERTY OWNERS WHO HAVE
BEEN REQUIRED TO PUT IN STREET IMPROVEMENTS BE REFUNDED THERE MONIES AND ABLE
TO TAKE OUT THE ROAD IMPROVEMENTS THI.Y PUT IN, DUE TO THE FACT THAT THE RULE
CHANGED.
THAT BRINGS UP ANOTHER THOUGHT; IF YOU WERE TO VIEW SANTA LUCIA, RD. NOW, YOU
WILL SEE A MESS WITH SOME PROPERTIES HAVING ONLY DEVELOPED CURBS, SOME WITH
CURBS AND SIDEWALKS AND OTHER WITH NOTHING. THE STREET GOES IN AND OUT AND THE
KID'S AND ADULTS HAVE TO WALK AND PLAY IN THE STREET. BY MAKING IT RURAL YOU
CONTINUE TO KEEP IT THE STICKS AND MAKE= IT UNSAFE FOR THE KIDS AND ADULTS WALKING
AND PLAYING IN THE STREET. BY LETTING IT STREET IMPROVEMENTS BE REQUIRED, IN TIME
TIHINGS WILL BE RIGHT.
RIGHT NOW SOME OF THE PROPERTIES HAVI= NEW HOMES ON THEM AND OTHERS HAVE OLD
HOMES. AT SOME POINT IN TIME THE OLD TIMERS WILL LEAVE OR PASS ON, LIKE ME AND THE
OLD HOMES WILL BE GONE AND NEW HOMES WILL BE BUILT. ONE BY ONE, WHEN EACH OF
THESE PROPERTIES CHANGE, THE REQUIREtJIENT OF STREET IMPROVEMENTS WILL MAKE
INSPIRATION HIEGHTS WHAT IT SHOULD BE.
PER THE ANNEXATION AGREEMENT NO HOMES HAVE TO DO THE ROAD IMPROVEMENT UNTIL
DEVELOPMENT OR REQUEST FOR A PERMIT, BUT IT WILL NOT BE MANY YEARS FROM NOW
WHEN THIS ENTIRE NEIGHBORHOOD WILL BECOME PART OF THE MODERN CUPERTINO AND
SHOULD BE WITH ALL THE FEATURES OF OUR WONDERFUL CITY.
INSPIRATION HIEGHTS DESERVES NO LESS FOR ITS FUTURE THAN ANY OTHER PART OF
CUPERTINO HAS NOW OR WILL HAVE IN THE FUTURE.
IF THE RESIDENTS WHO MIGHT LIVE HERE NOW FOR THE SHORT TIME THEY WILL, WANT TO
LIVE IN A RURAL AREA, THEN NEED TO LOOK SOMEPLACE ELSE OTHER THAN CUPERTINO
WHICH IS A GREAT AND CROWNING METROPOLITAN COMMUNITY.
PLEASE UNDERSTAND THAT THERE ARE STILL SOME OF OLD TIMERS AROUND THAT KNOW
THE HISTORY AND HAVE A VISION.
ON A SIDE NOTE, IF THIS IS A RURAL AREA, THEN HOWS ABOUT I GET SOME COWS, CHICKENS
AND PLANT SOME CORN.
PLEASE LETS ALL REMEMBER, IT IS NOT 1920 ANYMORE. AND US OLD TIMERS ONLY ASK YOU
TO WAIT A LITTLE WHILE TILL WE HAVE MOVED ON AND THEN REMEMBER US, BUT DON'T HOLD
BACK THE FUTURE WE TRIED SO HARD TO MAKE BETTER FOR CUPERTINO.
JOHN KOLSKI