CC Resolution No. 23-052 approving a semi-rural designation for the east side of Carmen Road between Scenic Boulevard and Stevens Creek BoulevardRESOLUTION NO. 23-052
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING A SEMI-RURAL DESIGNATION FOR THE EAST SIDE OF
CARMEN ROAD, BETWEEN SCENIC BOULEVARD AND STEVENS CREEK
BOULEVARD
WHEREAS, the semi-rural designation waives the sidewalk installation
requirement for future projects for the properties along the east side of Carmen
Road between Scenic Boulevard and Stevens Creek Boulevard; and
WHEREAS, property owners along the east side of Carmen Road between
Scenic Boulevard and Stevens Creek Boulevard and the west side of Carmen Road
between Janice Avenue and Stevens Creek Boulevard have signed a petition in
support of the semi-rural designation; and
WHEREAS, Quinterno Court is a private dead-end street intersecting the
east side of Carmen Road and is not required to install sidewalk; and
WHEREAS, property owners along the west side of Carmen Road between
Janice Avenue and Stevens Creek Boulevard either already have sidewalk
installed or would be required to install sidewalk at the time of development, and
are not included in this semi-rural designation; and
WHEREAS, the City reserves the right to revoke the semi-rural designation
at its sole discretion as necessary to facilitate future City projects and/or to
preserve public interest, health and safety.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
approve the semi-rural designation for the east side of Carmen Road between
Scenic Boulevard and Stevens Creek Boulevard, as recommended by the City
Engineer, and make the following findings:
1. Conventional improvements are not appropriate due to the character of development
in the area, and surrounding developed properties lack such improvements.
The proposed semi-rural designation area is similar in character to the surrounding
neighborhood. The adjacent streets of Scenic Boulevard and Mira Vista Road have already been
designated as semi-rural with no sidewalks required.
2. If sidewalk is not to be provided, the street is not on a recognized route to school.
Resolution No. 23-052
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The proposed semi-rural designation 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.
The portion of Carmen Road proposed for semi-rural designation is on a residential street
segment that has no outlet and generally has low traffic volumes. Furthermore, based on the
recorded accident history, there have been no pedestrian related accidents reported along this
segment of Carmen Road in the past five years.
4. There are no significant accessibility issues that will arise from lack of sidewalk or the
use of alternative sidewalk.
There are no significant concerns regarding ADA compliance. With no sidewalks along the
proposed semi-rural designation area, pedestrians may choose to travel along existing
surrounding sidewalks, where available, or within the roadway. The sidewalks that exist in
this area, such as along the north side of Janice Ave and portions of the west side of Carmen
Road between Janice Avenue and Bellevue Avenue, are constructed per City Standard Details
to comply with ADA cross-slope requirements. Additionally, curb ramps with detectable
warning surfaces have either been installed or would be installed at street corners with future
developments to comply with ADA requirements.
Due to the existing terrain of the area, segments of Carmen Road exceed ADA longitudinal-
slope requirements for the sidewalk and roadway. However, Section R202.3.1 of the U.S Access
Board’s Public Rights-of-Way Accessibility Guidelines only requires ADA compliance to the
extent practicable taking into consideration existing physical constraints, such as underlying
terrain. Furthermore, Section 35.150 of the Americans with Disabilities Act (Code of
Regulations Title 28, Chapter I, Part 35) does not require a public entity to make each of its
existing facilities accessible to and usable by individuals with disabilities.
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.
The semi-rural designation does not waive the requirement for street light installation.
6. Adequate drainage along the street and in the surrounding area exists, or can be
achieved, with alternate curb and gutter or a dike.
Carmen Road, between Scenic Boulevard and Stevens Creek Boulevard, generally drains north
to south. Storm drain facilities, such as catch basins and drop inlets, exist along this roadway
segment and are properly located at the street’s low points to effectively collect stormwater
runoff and to provide adequate drainage. These storm drain facilities are connected to the City’s
storm drain system.
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The existing curb and gutter along improved frontages help to convey stormwater runoff from
the street to these existing storm drain facilities. Additional curb and gutter installed with
future proposed developments will continue to improve stormwater runoff conveyance along
Carmen Road.
7. 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 circulated petition and voting forms were received with 16 out of 17 property owners
within the petition area signing in support of the proposed semi-rural designation area.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of May, 2023, by the following vote:
Members of the City Council
AYES: Wei, Mohan, Chao, Fruen, Moore
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
5/9/23
5/15/23