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21. First reading Ord. 09-2049 Semi-rural designationsCUPERTINO PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM AGENDA DATE October 6, 2009 SUBJECT AND ISSUE Conduct the first reading of Ordinance No. 2009-_ ~ ~0 y 9 "An Ordinance of the City Council of the City of Cupertino Amending Cu~~ertino Municipal Code Section 14.04.040, Street Improvements: Requirements -General, to include language regarding rural and semi-rural designation for properties with frontage along more than one street". BACKGROUND At its regular September 15, 2009, meeting, the City Council requested that Staff develop an amendment to the existing semi-rural ordinance to deal with the case of lots having street frontage along more than one street. The ordinance presented here will amend City Municipal Code by establishing that a rural or semi-rural designation, once approved, shall apply only to the frontage or frontages of a property that have been included in a successfizl petition for such designation. This amendment seeks to avoid designating all the street frontages of a property as rural or semi-rural when not all of the street frontages have been included in a successful petition. This will codify the City's actual practice in administering the existing ordinance. FISCAL IMPACT There is no financial impact. z~-~ STAFF RECONIlI~NDATION Staff recommends that the City Council conduct the first reading of Ordinance No. 2009- ~D~q , "An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code Section 14.04.040, Street Improvements: Requirements -General, to include language regarding rural and semi-rural designation for properties with frontage along more than one street". Submitted by: i72~-. ~~~c-r~c-C.e Ralph A. Qualls, Jr. Director of Public Works Approved for submission to the City Council: David W. Knapp City Manager ATTACHEMNT A -Ordinance 21-2 DRA,Fi oRD~rrAlvcE No. 2oa9- Attachment A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CUPERTINO MUNICIPAL CODE SECTION 14.04.044, STREET IMPROVEMENT REQUIREMENTS -GENERAL, TO INCLUDE LANGUAGE REGARDING RURAL AI`lD SEMI-RURAL DESIGNATION FOR PROPERTIES WITH FRONTAGE ALONG MORE THAN ONE STREET THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that Cupertino Municipal Code Chapter 14.04, Section 14.04.040 B., is amended to add the following underlined language: B. 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 b~ eligible for modified street improvement standards. Developer:; 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. In the cas~~. of lots_ having street frontage along more than one street, a rural car semi-rural designation, once approved, shall apply only to the fx~ontage_ or frontages that have been included in a successful petition for such desi nation. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 6~' day of October, 2009, and ENACTED at a regular meeting of the Cii~~ of Cupertino this day of October, 2009, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Cierk APPROVED: Mayor, City of Cupertino 21-3