Ordinance 1575M
~ ORDINANCE N0. 1575
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CIJPERTIIJO
ADDING ARTICLE 13, GQ~AL REGULATIONS, HILLSIDE SUBDMSICN,
TC TITLE 18-1 OF THB C[JPERTII+ID MRIICIPAL C0~ AND DEECLAARII~G
THE UR@FL'Y THF~tDOF
THE CIT1f COUNCIL OF THE CITY OF CtJPEEtTI2JD DOES ORDlIIN AS FQI.LAW9:
Article 13 of the Cupertino Municipal Code shall read,in full as
follows:
~*~~~ 18-1 1301: Hillside Subdivision Et~aw.trements: The Hillside
Subdivision requirement prescribed by this chapter shall apply to
subdivision of land, as defined in Section 18 of geographical Wrens where
the natural average slope of the land exceeds ten percent (SOi). Fbr the
purpose oP this Ordinance, average slope is obtained by use o! the
following mathematical equation:
S LxLx100
A
S =Average Slope Of ground in percent
I =Contour interval in feet
L =Combined length in feet of all contours on parcel:..
A .Area of parcel and square feet
The 'Hillside Subdivision regulations are intended to guide pnroelinq
of hillside land in a manner which results in harmony between human
development activities and the natural environment. To meet that end, the
Ordinance zelies heavily upon the land use policies contained with the
City's General Plan. A portion of the Hillside Subdivision regulations
are discretionazy in nature due to the wide variation in the natural
setting of the hillside areas within the coainuLity. 'fie hillside
development philosophy of the General Plan will therefore aid the Planning
Cartmission and City Council in their review of hillside subdivision
Proposal.
The hillside subdivision regulations pertain to the parceling of ].and.
The Grading Ot~dinanoe, Tree Removal Ordi.nanoe, Residential Hillside Zoning
Ordinance and other general and specific oommuiity ordinances also pay a
role in the regulation of hillside development.
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ORDII'ANCE Np. 1575
`}.motion `SB.1302 F~llai,~i -- Lr nr~ra:en o« ,,.~~..a., t _
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A. General:
The standard9 listed .below shall be utilized to evaluate the lot
configuration of hillside subdivision applications. The atandattis
augment lot design requirements, contained in applicable -lend use
zoning districts.
B. Lot Configuration:
The area of each loC shall be of sufficient size to include the house,
together with required setbacks and yards; adequate spoon for access
drives. and off-street parking; septic tank systems, if perrutted; end
any necessary-cuts and/or fills.
The man-made envizocmient (roads, houses, fences) is shaped to a large
by P~rtY lines. Therefore, Property lines shall reflect
natural land forms to the greatest extent possible. Fbr example, lot
lines should follow the natural contour of a hillside, not straight
lines drawn for engineering design and surveying oonvenienoe.
C. Grading:
1. Preliminary or tentative grading plans will be required as
specified in Qiapter 16.08 or as a part of the conditional
approval of the map. Only miniman cuts and fills will be
allowed; excessive grading and large building pads will be
dieaoura9ed. (Split level houses are encouraged.);
2. A final lot grading plan and quantity estimate may be required as
path of the conditional approval and as a part of the tract
impr+ovenrnt plans with guarantee by separate performance bond of
one hundred peroatt of cost of such lot grading and construction
of driveway apptond~es for the entire tract.
3. ~ Retaining walls may be employed to resolve ground stability
problems or minimize grading.
D. Off Street Parking:
Where lots have fr~tage on a public roadway or private driveway
having a pavement section of less than thirty (30) feet or an a
roadway or driveway which does not permit parking at the curb, each
lot shall provide adequate turn-azound space and four independently
functional off-street Parking spaces. The four parking spaces shall
be in addition to the required tro garage or carport spaces. ~
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ORDII~NCE ND. 1575
3. .Floatage:
1. All lots shall front- on a public street or„private driveway ae
. pzcvided by Section 18-1'.805. ..
2. where the principal frontage of a lot is by means of a corridor,
such corridor shall be et least twenty (20) ft. wide. A leaser
....,width fora corridor may be approved when a twenty (20) ft. .width
would not be practical because of existing pern~anent structures
sufficthi~t~toy~ecoamndaee a safe d~riaveway off not lesalthan twelve
feet of i~roved width, and if the length of the corridor is over
one hundred fifty (150) ft., the usable width must be at least
eighteen (18) ft. where two such corridors are oanbined, the
total access. width need not exceed thirty (30) ft. if each lost
has right of aoeesa over the corridor of the adjoining lot ,and
the total paved width is not less than eighteen (iB) feet.
sect±~+!+_ 18-1.1303 3r*~_r tb^4an Srwrv~.-+..; The desic~ of roadways in the
hillsides is based upon the General Plen Policy of maintaining the natural
__ enviivranent setting of the hillside. In response to General Plan Policy,
public rights of way shall ba aligned in a manner to avid trees and
riparian environments. in cases where it is necessary to place rights of
way on or near ridge tops, grading for said roaciweys stall be minimized to
reduce visual scarring. 'Ihe specific, tec3~nical road alignment end
section standards described in this section are based upon the following
constraints:
1. Vblume of traffic
2. 4bpography
3. Public safety - (particularly of fire pzntection)
4. Int size and ~-street parking Hestia
5. Drainage requirenrnts
The specific technical standards may be modified when it can be
determined by the city Domineer, as approved by the city council, that the
strict adherence to a specific standard would result in envix+ocmiental
degradation or create an unr~aasonable economic hardship. The City. Council
shall make specific findings of fact relative to envirot~nental degradation
or eoonanic hardship in the event a standard is waived,
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CiRDIIU~tICE N0. 1575
The General Plan provides for more flexible it~Qroverent standards for
hillside developments which have an average lot size of 2.5 acres or
greater. Oevelopments that result`in less than 2.5 acres par dWel are
labeled "Urban Fringe Development". Conversely, developments ttat~i-PS, ult
in 2.5 acres or greater per dwelling unit shall be labeled •Semi-!rural
DeveloEtrents". The average lot size per acre computation shall be based
upon the development acreage directly. used for residential proposes. Land
dedicated for public or private open space use in cl::~*--,.ti..~.-
developments should mt be counted in the 2.5 acre average lot size
standard.
A. Street Design for Urban Fringe Developments
1. Generally, the street design statdards for hillside develogirnts
on the Valley Floor fringe are oa:Qarable to the subdivision
inptovements within the typical .urbanized portion of the
oomcturity. However, because of varied topography, the right of
way width and the improvement standards for roadr+ay msy vary to
minimize degradation of the emrisonrt~ac-t. Rights of way shall be
of sufficient width to provide space for the road bed utilities
and bicycle lanes and equestrian trails as designated by the
General Plan.
The City shall maintain slope easerrents far all fill slopes. The
:.right of way for a slope easement shall include an area ten (10)
feet below the toe of fill.
2. The minimum right of way width and street seetians fur various
functional categories of zoads are as follawa:
a. Hillside collector right of way width shall be fifty (50)
feet with the pavement section to contain thirty (30) feet
with three (3) feet of shoulders on each side.
b. Major roadways are roads that primarily serve developirnt
. fronting on the road and serving greater than ten (10)
dwelling units. The right of wry shall be forty (40) feet
and the pavement width shall be twenty-four (24) feet with
three (3) feet of level shoulder space on arch side.
c. -Minor roadways and cvl-de-sacs serving less than ten (10.)
dw~ellinq units shall be thirty (30) feet with a twenty (20 j
foot pavement section with three (3) feet of shoulder on
eat side.
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ORDII~QINCE ND. 1575
d. Private driveways - Private drives may be ertQloyed where
five (5) or fewer- residential lots are to be `served.` The
min,imu~n . width, far ivatedrivewa serv
"" Pr. Y ins five (5) or~fewer
dwellings is eighteen (18) feet_ with three (3) feet of
shoulder on .either side, with the exception that a private
driveway serving one (i) dwelling may be twelve (12) feet.
H. Street Design:Stx~ndards for Semi-Rural Developmer-ts
'` 1. `'Ihe ...street design statuiards for semi-rural development are
designed to result in minimal disruption to the. natural
ernirotunent. The City Engineer shall have maximum flexibility to
waive conventional street standards, as approved in each casety
the City Council
2. The mininwn right of way width and street sections for various
ftmctional categories of roads are as follows:
a. .,Major roadways serving greater than ten (IO) dwelling units
shall have a minitnan traveled-way width of tw~ty-four (24)
'feet. however, this .may. be reduced' to avid natural
features such as topography, vegetation, etc.
b. Minor roaclrrays and cul-de-sacs serving ten (10) or less
dwelling units. shall have a minimen twenty (20) feet in
traveled-way width with lessening of that width persaitted in
ocxssideration of natural features of the area.
c. Private roads serving five (L) or less dwelling units shall
have a ntiniman of eighteen (18) feet in traveled-way width.
Surface shall c~sist of a miniman of oil and screening and
the slope shall not exceed fifteen percent (158). Gt'ades
=' g fifteen peroetst (158) and not greater than twenty
percent (208) for a maximum of three hundred (300) feet
shall have a miniman of asphalt or concrete surface.-
d.. driveways serving individual dwelling units shall have a
miniman of traveled-way width. a€ twelve (12) feet with
passing turnouts as required.
'` Surface shall' consist of a miniman of oil and screening and
the' slope shall not exceed fifteen percent (158). tYades
exceeding fifteen percent (ISB) and not greater than twenty
percent (208). for a maximum of three hundred (300) feet
=-shall have 'a minm~an of asphalt or concrete surfaas.
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ORDD!ANCE ND. 1575
i
C. Dead End Streets
14ie number of dwelling units served by a cvl.de-sac for en urban
:.fringe or semi-rural development shall nornslly rot exceed ten (10).
~e length shall not exceed eight hundred (800) ft. except where
topographic conditions require use of longer cul~fe-sacs. In cases
where the length of col-cie_sacs is greater than eight hundred (800)
feet„ fire hydrants shall be placed every six hundred (600) feet with
a standard pull-out located adjacent to each hydrant. A eeaondary
means of aCOeSa may be required where a dead end street is longer than
one thousand (1,000) feet.
Ssvrtion ~ 18-1.1304 Stree*- wrvi r1Fi 1 i ~~cL~Ot ~~.
A. Street and Utility L~uovements: Urban FYinge Developmnt
1. Street grades. All streets and highways shall be graded and
surfaced to widths and grades in accordance with City standard
specifications and approved by the City F]~gineer. the subdivider
.shall improve the extension of all subdivision streets, highways,
or public ways to the intercepting paving line of any County
need, City. street or State highway;
2. Structures, drainage, aooesa/public safety. Structures for
drainage, access and/or public safety shall be installed as
desic,~ed and plan d to locationara~ ' ~ etruc~turee shall be
,, grades approved by the City
3. Curtis and gutters. Vertical curbs and gutters shall be installed
tar locations and grades approved by the"City Fhgineer.,
4. Sidewalks. Sidewalks shall bused to locat.ioris and grades
approved by the City Engineer
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5. Sewers; storm drains. Sanitary sewer facilities shall be
installed to serve each lot. No septic tanks or cesspools will
be permitted. Storm sewers shall be installed as approved by the
cognizant fire department authority.
6. Water and gas. Water mains and gas mains shall be installed as
required by the Cfty Engineer. Fire hydrants shall be installed
as approved by the City Engineer.
7. Street lighting. Street lights shall be insu~].led by the
subdivider and shall be approved by the City Engineer.
B. Electric and telephone. Electrical and telephone lines shall be
installed underground as required by the City Fhgineer. -'
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OftDII~tdCE No. 1575
A. Street;. and.., Utility iaprnvemrnts: urban Fringe Development (continued)
4. A registered .la:ydscape architect shall review grading plans and
in consort with the- project and City Ehgineer, shall sutrnit a
_ plan' to prevent soil- erosion and visually screen extensive cut
and fill areas. The intent of the visual screen is to soften
grading scars. A 100e screening effect is not required.
B. Street and Utility Improvanents: Sari-Rural Development
1. Street grades. All streets and highways shall be graded and
surfaced to widths and grades in aceordanoa with City standard
specifications and aPPro~ by the City Engineer. the subdivider
shall' improve the extension of all subdivision streets, highways,
or public ways to the intercepting paving line of any Counyy
road, City street or State highway;
2. Structures, drainage, access/public safety. Structures for
drainage, access and/or public safety shall be installed as
deemed necessary by the City Flzgineer. Such structures shall be
desired and placed to locations and grades approved by the City
3. C1u'b and gutter.' Curb and gutter will rot be required. Drainage
swales shall. be provided adjao~t to roed~ys to o~tain runoff.
4. Sidewralks. Formal sidewalks sill not be required. }ioarever,
pedestrian and equestrian trails may be required where terrain
permits.
5. Gas. Public facility will not be required in lieu of other
privatae methods such as propane, oil, electric, and new
innovative system.
6. Electric. Overhead lines will be allowed with natural setting
utilized as screening technique. will be required
for the individual service drop to the structure.
7. Telephone. Lines will follow the same required as for
electrical.
8. Street lighting. Will not be required. Safety li~tinq ~Y ~
necessary is safety hazards can be shown.
9. Water. Approved and accepted water system by the City. Private
individual wells will not be accepted.
10. Sewer. Individual sanitary system approved by the County Health
DeparUrent will be permitted or eonnection to a public sanitary
sewer system.
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ORDIt~R1N(E ND. 1575
11.. Stoaa. , Systsn. Adequate.. -storm facilities shall be pmvi,cieci to
oontsnl erosion, dissipate hies velocity due to slopes, and to
:.properly channel water to master drainage facilities.
12. A registered landscape architect shall review grading plena and
in consort with the project and City Engineer, shall submit a
plan to prevent soil erosion end visually screen cut and fill
arses. the intent of the visual screen is to soften grading M"w`.
scars. A 1001 screening effect is not required.
Section 18-1.1305 Private Driveways for ZWo or t.hrrs ?aroels
A. An appropriate deed restriction and govenant running with the
].and subject to the review and approval of the City Attorney
shall be recorded for all parcels which share a oartron private
drive or private roadway with one or more parcels. Said deed
restriction shall provide for the necessary reciprocal
ingress/egress easements to and Eros the affected peroels. Said
easments shall be reaorcied at such time as interest in ane or
moro of the affected parcels is initially sold or transferred to
another party.
B. A reciprocal msintenanoe agrea~r~t to be reviewed and approved by
..the City Attorney, shall be required for all parcels which share
a common private drive or private roar~ray with one or moro other
parcels within the tract. Said agreanent shall be recorded in
onc-junction with recordation of the final map.
Section 18-1.1306. hillside--Bocce of Regulations
In the event that a parcel of lard qualifies as a hillside subdivision
as defined in Sections 18-1.1301 through 18-1.1305, the requirements of
Section 18-1.1301 tturo~>gh 18-1.1305 shall apply to the previsions of
Chapter 18. In the absence of regulations not established by Sections
18-1.1301 threugtt 18-1.1305, the previsirns of the reminder of Title 18
shall apply.
Statement of Iheencv
this Council hereby finds, determines aM declares that this oniicanoe is
an urgency measure and is necessary for public peace, health and safety
and shall be put into effect iimiediately upon enacCtCnt. 'Ibis ondinanoe
is in oanpliance with Clipertinc'a General Plan.
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CRDINANCB ND. 1575
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AYES: Dean, Goldman, Koppel, Szabo, Sorensen
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
APL3tdVED:
f .1
, City of C11~7ertino
ORDINANCE N0. 1575
INTRODUCED AND ENACTED at a regular meeting of the City Council of the City
of Cupertino this 2nd day of December 1991. by the following
vote:
VOTE MEMBERS OF THE CITY COUNCIL
AYES: Dean, Goldman, Koppel. Szabo. Sorensen
NOES: None
ABSENT: None
ABSTAIN: Nona
ATTEST: j`. ~' APPROVEDi
/s/ Dorothy Cornelius /s/ Lauralee Sorensen
City Clerk Mayor. City of Cupertino