14 Phar Lap Drive
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City Hall
10300 Torre Avenue
Cnpertino, CA 95014-3255
(408) 777-3354
Fax: (408) 777-3333
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CUPEIQ1NO
DEPARTMENT OF PUBLIC WORKS
Summary
AGENDA ITEM
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AGENDA DATE March 7. 2006
SUBJECT AND ISSUE
Adoption of Resolution No. 06- Df);),. , approving a semi-rural designation to eliminate the
requirement for sidewalks and streetlights for portions ofPhar Lap Drive, pursuant to Ordinance
No. 1925.
BACKGROUND
Over the last few years, a number of residential property owners and neighborhood residents
have requested relief from the City Municipal Code requirement that City standard curb, gutter,
sidewalk, and streetlights be installed along their street rrontages 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. The typical streetlight requirements
call for high-pressure sodium vapor cobra head lamps on 30-foot metal poles to be installed
along City streets at about 150 to 200- foot spacings. In general, these 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 rrom 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.
Property owners along the street rrontage of the segment ofPhar Lap Drive shown as Area 22 on
the attached map have circulated a petition 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. There is presently no
sidewalk on either side ofPhar Lap Drive in this vicinity, but curb and gutter exist continuously
on both sides of the street, and there are sufficient streetlights along the street. There have been
25 applications under the ordinance so far. Of those, 18 will have been completed and approved
if the present application is approved, three have not been completed because the applicants have
Printed on Recycled Paper
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not returned completed petitions to the City, two have forgone the application process, and the
last two petitions for the latest application have only recently been submitted to the City.
In tenns 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 2000 and 2003,
there have been no pedestrian or vehicular accidents reported in the area. The street ends in a
dead end south of Stevens Creek Boulevard.
Property owners along the aforementioned frontages have circulated a petition in support of
altering their neighborhood designation to semi-rural by waiving streetlight and sidewalk
requirements. As required, over 2/3 of the property owners have signed in support ofthis item.
In tenns of safety, these streets are not recognized as routes to school. Also, street conditions are
such that pedestrians will have sufficient space to travel safely along the street without a separate
pedestrian pathway.
FISCAL IMPACT
There is no financial impact.
STAFF RECOMMENDATION
Staff recommends that the City Council adopt, Resolution No. 06-~~approving a semi-rural
designation to eliminate the requirement for sidewalks and streetlights along the portions ofPhar
Lap Drive.
Submitted by:
Approved for submission to
the City Council:
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Director of Public Works
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David W. Knapp
City Manager
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RESOLUTION NO. 06-052
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A SEMI-RURAL DESIGNATION FOR PORTIONS OF PHAR LAP DRIVE
BETWEEN CREEKSIDE COURT AND MADERA DRIVE
WHEREAS, property owners along the fÌ"ontages ofPhar Lap Drive 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
and streetlight requirements for these streets.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby approves a
semi-rural designation for portions ofPhar Lap Drive.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of March 2006, 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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SIDEWALK & STREETLIGHT
EXEMPTION MAP
Area 22
Phar Lap Drive
Between Creekside Court and Madera Drive
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