16. Dolores Ave semi-rural
CUPEIQ"INO
DEPARTMENT OF PUBLIC WORKS
Summary
AGENDA ITEM
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AGENDA DATE June 5. 2007
SUBJECT AND ISSUE
Adopt a resolution denying a request for a semi-rural designation to eliminate the requirement
for sidewalks along Dolores Avenue, pursuant to Ordinance No. 1925.
BACKGROUND
Over the last few years, 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 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 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 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 concerning neighborhood consensus, safety, and
drainage form the basis of the criteria.
There have been 28 applications under the ordinance so far. Of those, 20 will have been
completed and approved, three have not been completed because the applicants have not returned
completed petitions to the City, two have forgone the application process, and the last two
petitions for the latest applications have only recently been submitted to the City
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Printed on Recycled Paper
Dolores Avenue Petition
One of the property owners who is building a new home on the southeast comer of Dolores and
Byrne, faced with the requirement for a sidewalk, has circulated a petition to property owners
along the street frontage of the segment of Dolores Avenue shown as Area 28 on the attached
map.
The petition is in support of altering their neighborhood designation to semi-rural by waiving
sidewalk requirements, but leaving curb and gutter and streetlight requirements in effect. As
required, over 2/3 of the property owners have signed in support of the semi-rural designation
necessary to modify the sidewalk requirements.
The Cupertino Municipal Code Sections 14.04.040 B through K, specifies that the surrounding
properties must lack conventional improvements, such as sidewalk, in order for a semi-rural
designation to be approved. Pursuant to this requirement, Staff has determined that the number
of sidewalk improvements that have already been completed along Dolores Avenue, a semi-rural
designation that would waive sidewalk requirements would not be appropriate.
Of the twenty-four properties- which front along Dolores Avenue, four are flag lots with
driveway aprons that can be used for access, while six other frontages have full sidewalk
improvements. In other words, 30% of the properties. that have frontages more than a driveway's
width, already have sidewalk.
In terms of safety, eliminating sidewalk requirements may provide traffic conditions that may
affect safe pedestrian access along the street. As the situations stands, the City has received
information regarding two accidents within the past five years, one along Dolores Avenue (2000)
and the other 200 feet north of Dolores Avenue on Byrne Avenue (2001).
It should be noted that all property owners in the Monta Vista area who reside at the intersection
of either Orange Avenue or Byrne Avenue (which includes the circulator of the petition) are
required to complete off site improvements for safety (sidewalk) regardless of whether the semi-
rural petition is approved.
FISCAL IMPACT
There is no financial impact.
STAFF RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 07- {OJ , denying a request
for a semi-rural designation to eliminate the requirement for sidewalks along Dolores Avenue,
pursuant to Ordinance No. 1925. .
Submitted by:
7t~r':!: u. au 0'-
Director of Public Works
Approved for submission to
the City Council:
~
. David W. Knapp
City Manager
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RESOLUTION NO. 07-101
L
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DENYING A SEMI-RURAL DESIGNATION FOR DOLORES AVENUE
WHEREAS, property owners along the frontages of Dolores Avenue 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 these streets.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby denies a
semi-rural designation for portions of Dolores Avenue, as shown on Exhibit A, pursuant to
Ordinance No. 1925.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 5th day of June 2007, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
~-
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
(
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Area # 28
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· EXISTING SIDEWALKS
FLAGLOTS WITH DRIVEWAY
650
1,300
z<
3,900 Feet
2,600
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