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14. San Fernando Ct. Semi-ruralCUPERTI~NO DEPARTMENT OF PUBLIC WORKS Summary AGENDA ITEM ~ 7 AGENDA DATE June 2, 2008 SUBJECT AND ISSUE Adopt a resolution approving asemi-rural designation to eliminate the requirement for sidewalks on San Fernando Court, 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. Tn 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 nat covered under the hillside development provisions of the Code. Certain findings concerning neighborhood consensus, safety, and drainage form the basis of the criteria. Property owners along the frontage of San Fernando Court shown as Area 30 on the attached map have circulated a petition in support of altering their neighborhood designation to semi-renal 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 San Fernando Court. There have been 30 applications under the ordinance so far. Of those, 21 will have been completed and approved if the present application is approved, five have not .been completed because the applicants have not returned completed petitions to the City, two have forgone the application process, one petition was denied and one petition has just recently been received. 14-1 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 2002 and 2007, there have been no pedestrian or vehicular accidents reported in the area. The street ends in a dead end west of San Fernando Avenue 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 financial impact. STAFF RECOMMENDATION Staff recommends that the City Council adopt, Resolution No. 08- 0~, approving asemi-xvral designation to eliminate the requirement for sidewalks on San Fernando Court. Submitted by.: ~alph A. Qualls, Jr. Director of Public Works Approved for submission to the City Council: David W. Knapp City Manager 14-2 DRAFT RESOLUTION N0.08-077 A RESOLUTION OF THE CITY COUNCII. OF THE CITY OF CUPERTINO APPROVING ASEMI-RURAL DESIGNATION FOR SAN FERNANDO COURT WHEREAS, property owners along the frontages of San Fernando Court 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 waiving sidewalk requirements for this street. NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby approves a semi-rural designation for San Fernando Court. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of June 2008, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino 14-3 Exhibit A 21979 21975 cS',9 _ 7/ 1~~ 10412 ~' 0402 V / 10392 SIDEWALK EXEMPTION MAP ° AREA 3 0 SAN FERNANDO CT ~ / 10350 10351 10363 10362 10374 10367 10386 W Q p 10398 D Z CT z 1041° t ~ W LL 10422 Z 10435 ~ 10434 10445 10446 10455 10456 10485 10472 10475 10485 i 10486 ~~,~, 10295 10301 ' 10327 10339 10351 10363 10375 10367 10399 10411 10423 10435 10445 10455 10465 10475 10485 10495 ti ° ~ ~_ r N N N 103C 0 M T 1034 ~i co 0 r 038. 104C w Z ~ 1042 m N rn r N 1046 10484 1049E