CC Ordinance No. 1925ORDINANCE NO. 1925
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CUPERTINO MUNICIPAL CODE, CHAPTER 14.04, SECTION 14.04.040,
RELATING TO STREET IMPROVEMENT REQUIREMENTS, AND CHAPTER 18.32,
SECTION 18.32.030, RELATING TO SUBDIVISION FRONTAGE IMPROVEMENTS, TO
INCLUDE FINDINGS FOR ADOPTION OF A RURAL OR SEMI-RURAL STREET
DESIGNATION
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that
Chapter 14.04, Section 14.04.040, is amended to add the following:
Certain local streets not covered under the hillside development provisions of this
Code may be of such a nature that the City can determine them to be eligible for
modified street improvement standards. Developers of properties that front on
unimproved or partially improved portions of such a street may apply to the City to
modify the improvement standards for that street by requesting that the City adopt a
rural or semi-rural designation for that street.
The City Council, upon the recommendation of the City Engineer, may approve a
rural or semi-rural designation for a street, based upon the following findings.
For either a rural or a semi-rural street designation:
1. Conventional improvements are not appropriate due to the character of
development in the area, and surrounding developed properties lack such
improvements.
2. If sidewalk is not to be provided, the street is not on a recognized route to school.
3. If sidewalk is not to be provided, traffic conditions on the street are such that
pedestrians may travel safely along the street without a separate pedestrian
pathway.
4. There are no significant accessibility issues that will arise from lack of sidewalk or
the use of alternate sidewalk.
5. Waiver of streetlights or alternate streetlights would not contribute to an unsafe
condition for traffic, pedestrian travel, or the security of the surrounding
neighborhood. There are no maintenance or replacement issues with any alternate
proposed.
In addition, for a semi-rural designation:
Adequate drainage along the street and in the surrounding area exists, or can be
achieved, with alternate curb and gutter or dike.
At least two-thirds of the property owners along the affected street have signed a
petition to the City requesting a semi-rural designation for their street. The petition
must make it clear that streetlights may not be totally waived along the street, but
may still be required at larger spacings or at important locations, such as
intersections, along the street.
In addition, for a rural designation:
1. Adequate drainage along the street and in the surrounding area exists, or can be
achieved, without curb and gutter.
Ordinance No. 1925
2. At least two-thirds of the property owners along the affected street have signed a
petition to the City requesting a rural designation for their street. The petition must
make it clear that streetlights may not be totally waived along the street, but may still
be required at larger spacings or at important locations, such as intersections, along the
street. The petition must also make it clear that street sweeping cannot be performed
on streets where there is no curb and gutter.
Alternates to standard high curb and gutter (Type A2-6, Fig. 1-16, City of Cupertino
Standard Details) that will typically be acceptable are roll curb (Type E, Ibid.) and A.C.
Dike (Type A3-6D, Ibid.)
If no projects to which a rural or semi-rural standard would apply have occurred along
a street within five years of the date that the City Council approved a rural or semi-
rural designation for that street, the rural or semi-rural designation will expire, and the
standard improvements will again be required for the street until such time that the City
Council approves a new rural or semi-rural designation for the street by the process
outlined in this section.
Any surveys, studies, plans, profiles, etc., determined by the City Engineer as
necessary for making any of the foregoing findings for a rural or semi-rural street
designation shall be the responsibility of the applicant for such designation.
The City will specify the form and content of petitions.
Typical "rural" and "semi-rural" street sections are shown in Figure 1-11 of the City of
Cupertino Standard Details.
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that
Chapter 18.32, Section 18.32.030, is amended to add the following:
Any street previously granted a rural or semi-rural designation under the provisions of
Section 14.04.040 shall be improved to the standard adopted for that street.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 6th
day of October 2003, and ENACTED at a regular meeting of the City of Cupertino this 20th day of
October 2003, by the following vote:
Vote
Members of the City Council
AYE S:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Chang, James, Kwok, Sandoval, Lowenthal
None
None
None
May~r, City of Cupertino -- - '~/