Ordinance 882 ~ ~ ~
ORDINANCE N0. 882
AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING SECTIONS 18.16.260,
18.Ld.210, 18.16.280, 18.16.290, 18.16.300 AND 18.16.310, CHAPTER
18.16 OF THE CUPERTLyO MUNICLPAL CODE, GENERAL REGULATIONS, HILL-
SIDE SUBDIVISIONS
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I THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
Sections 18.16.260, 18.16.270, 18.16.280, 18.16.290, 18.16.300 and
18.16.310 of Ghapter 18.16 of the CuperCiao *lunicipal Code are anended to
read in full as followe:
Section 18.16.260: Hillside Subdivieion Requirements: The Hillside
Subdivision requirements preacribed by this chapter shall apply to subdiviaion
of land, as defined in Section 18.04.070, of geographical areas where the natural
average slope of the land exceeds ten percent (lOx). For the purpose of this
Ordinance, average slope is obtained by use of the following mathematical equa-
tion:
S~ IxLx100
A
S~ Average slope of ground ia percent
I= Contaur interval in feet
L~ Combined length in feet of all contoura on parcel
A~ Area of parcel and square feet
The Hillside Subdivision regulations are intended to guide parceling of hillside
land in a manner uhich results in harmony betvreen human development activities and
the natural environment. To meet that end, the Ordinance relies heavily upon the land
use policies contained within the City's General Plan. A portion of the Hillside Sub-
division regulations are discretionary in nature due to the wide variation in the natural
setting of the hillside areas within the community. The hillside development philos-
ophy of the General Plan will therefore aid the Planning Commission and City Council in
cheir review of hillside subdivision proposal.
The hillside subdivision regulations pertain to the parceling of land. The Graa-
ing Ordinance, Tree Removal Ordinance, Residential Hillside Zoning Ordinance and ocher
general and specific community ordinances also play a role in the regulation of hill-
side development.
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' Section :10. 13.16.210: Hillside Lot Design Standards
a. General:
The scandards listed belov shall be utilized to evaluate che lot con-
figuration of hillaide subdivision applications. The standards aug-
ment lot design requirements contained in applicable land use zoning
districts.
B. Lot Configuration:
' The area of each lot shall be of aufficient size co include the house,
~ together with required setbacks and yards; adequate space for access
drives and off-street parking; septic tantc systema, if permitted; and
any necessary cuts and/or fills.
The man-made environment (roads, houses, fences) is shaped to a large
degree by property linea. Therefore, property lines ehall reflect
natural land forms [o the greatest extent posaible. For example, lot
lines should follov Che natutal contour of a hillside, not straight
linea drawn for eagineering design and surveying convenience.
C. Grading:
1. Prelimiaary or tentative grading plans will be required as specified
ia Chapter 18.08 or as a part of the condi[ionai approval of the
map. Only minimum cuts and fills will be allowed; excessive bull-
doziag and large man-made building pads will be discouraged. (Split
level houses are encouraged);
2. A final lot grading plan and quan[ity eatimate may be required as
part of the conditional approval and as a part of the tract improve-
ment plaas crith guarantee by separate performance bond of one hundred
percent of cost of such lot grading and construction of driveway app-
roaches for the entire trac[.
3. Retaining walls may be employed to resolve ground atability problems
or minimize grading.
D. Off Street Parkiag:
Where lota have frontage on a public roadway ur private driveway having
a pavement section of lesa than thirty (30) ft or on a roadway or driveway
iuhich does not permit parking at the curb, each lot shall provide adequate
tum-around space and four independently functional off-atreet parking
spacea. The four parking spaces shall be in addition to the required two
garage or carport spaces.
E. Frontage:
1. All lots ahall froat on a public street or private driveway as provided
by Chapter 19.16.280 A 6 B.
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• ~rdinance ?Io. 882
E. Frontage (continued)
2. Where the principal frontage of a lot is by means of a corridor, such
corridor shall be at least twenty (20) ft. wide. A lesser vidth for a
corridor may be approved when a twenCy (20) ft. width would not be
practical becauae of existing permanent atructures or topography. How-
ever, in all cases the corridor width must be aufficient to accommodate
a saEe driveway of not leas than twelve feet of improved width, and if
the length of the corridor ia over one hundred fifty (150) ft. the usable
width must be at least eighteen (18) f[. Where two auch cotTidors are
combined, the total accesa width need not exceed thirty (30) ft. if
each lot has right of accesa over Che corridor of the adjoining lo[ and
the total paved width i9 not less that eighteen (18) ft.
Section 18.16.280: Street Desistn Standarda: The design of roadvays in the hill-
sides is based upon good engineering practice and upon the General Plan Policy of main-
taining the natural environmental setcing of the hillside. In response to General
Plan Policy, public rights of way shall be aligned in a manner to avoid trees and
i riparian envfronments. In cases where it is necessary to place rights of vay on or
near ridge tops, grading for said roadways shall be minimized to reduce visual scaring.
The specific, technical road alignment and section atandards described in this section
are based upon the following constrainta:
1. Volume of traffic
2. Topography
3. Public safety -(particularly fire protection)
4. Lot size and on-street parking needs
5. Drainage requizementa
The specific technical standards may be modified when it can be determined by
the City Engineer, as approved by the City Council, that the atrict adharence to a
specific atandard would reault in eavironmental degradation or create an unreasonable
economic hardahip. The City Council ahall make specific findinga of fact relative to
environmental degradation or economic hardahip in the even[ a standard is waived.
The General Plan providea for more flexible improvement standards for hillside
developments which have an average lot size of 2.5 acres or greater. Developmencs
that result in less than 2.5 acres per dwalling are labeled "Urban Fringe Develop-
ment". Conversely, developments that result in 2.5 acrea or greater per dvelling unit
shall be labeled "Semi-Rural Developments". The average lot size per acre computation
shall be based upon the development acreage directly used for residential purposes.
Land dedicated for public or private open space use in cluater or conventional develop-
ments should not be counted in the 2.5 acre average lot size standard.
A. Street Aesign for Urban Fringe Developments
1. Generally, the etreet deaign standards for more dense hillside developaents
on the Valley Floor fringe are comparable to Che subdivision improvements
within the typical urbanized portion of the co~unity. However, because of
varied toi,cgraphy, the right of way width and the improvement standards for
roadway may vary to minimize degradation of the environment. 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.
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. A. Street Design~or U~6an Fringe Developments (concinued)
The Ci[y shall maintain slope easements for all fiil slopes. The
right of way for a slope easemenc shall include an area ten (10)
fc. below the toe of fill.
2. The minimum right of way width and street seccions for varioua func-
tional categories of roads are as followa:
a. Hillside collector right of way vidth shall be fifty (50) ft.
with the pavement aection to contain thirty (30) ft. vith
[hree (3) ft. of shoulders on each side.
b. Majar roadways are roada that primarily aervea development fronting
' on the road and serving greater than ten (10) dwelling units. The
i right of way ahall be forty (40) ft. and the pavement width shall be
twenty-four (24) ft. with three (3) ft. of level shoulder space on
each side.
c. :11nor roadvays and cul-de-sacs serving less that ten (10) dwelling
units shall be thirty (30) ft. with a twenty (20) ft. pavement sec-
tion with three (3) ft. of shoulder on each side.
d. Private drivevays - Private drives may be employed where five (5)or
fewer residential lots are to be served. The minimum width for ;rivate
driveway serving five (5) or fewer dwellings is eighteen (18) !t. with
three (3) ft. of shoulder on either side, with Che exception [hac a
private dtiveway serving one (1) dwelling may be twelve (12) ft.
B. Street Design Standards for Semi-Rural Developments
1. The street design standarda for semi-rural development are deaigned to
reault in minimal disruption to the natural environment. The City
Eagineer ahall have mauimum flexibility to waive conventional street
atandards, as approved in each case by the City Council.
2. The minimum right of vay width and streat sectiona for various functional
categories of roads are as follaas:
a. Ma,jor road~ays serving greater chan ten (10) dwelling units shall
have a minim~ traveled-vay width of twenty-four (24) f[. However,
this may be reduced to avoid natural features such as topography,
vegetation, etc.
~ b. Minor roadways and cul-de-sacs aerving ten (10) or lesa dwelling
unita shall have tventy (20) ft. in traveled-way width with lessen-
ing of that width permitted in consideration of natural featurea of
the area.
c. Private roads aerving five (5) or lesa dvelling units shall have a
minimum of eighteen (18) ft. of traveled-vay aidth. Surface shall
conaiat of a minimum of oil and sczeening and the slope shall not
exceed fifceen percent (15X). Gradea exceeding fifteen percent (15X)
and not greater that twenty percent (20R) for a maximum of three
hundred (300) ft. shall have a minimum of asphal[ or concre[e surface.
d. Driveways.serving individualdwelling units shall have a minimun of
traveled-wav wi~th of. twelve (12) ft. Grith passing turnouts as reauired.
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Ordinance Yo. 882
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B. Street Design Standards for Semi Rural Developaents.(continued)
Surface shall consist of a minimum of oil and screening and the
slope shall noc exceed fifteen percent (15e). Grades exceeding
fifteen percent (15X) and not qreater than twenty percent (20X)
~ for a maximum oE three hundred (300) ft. shall have a minimum of
! asphalt or concrete surface.
' C. Dead End Streets
The number of dwelling units served by a cul-de-sac for an urban fringe
or semi-rural development ahall normally not exceed ten (10). The length
ahall not exceed eight hundred (800) ft. except where topogrAphic condi-
tione require uae of longer cul-de-sacs. In cases where the length of cul-
de-sacs ia greater than eight hundred (S00) ft., fire hydranta shall be
placed approximately every six hundred (600) ft. with a standard pull-out
located adjacent to each hydrant. A secondary means of accesa may be re-
quired where a dead end street ia longer than one thousand (1,000) ft.
Sectian 18.16.290: Street and Utility Improvements
A. Stree[ and Utility Improvements: llrban Fringe Development
1. Street grades. All streeta and highways shall be graded and surfaced
to widths and grades in accordance with City standard specifications
and approved by the City Engineer. The subdivider shall improve che
extension of all aubdivision s[reets, highways, or public waqe to the
intercepting paving line of any County road, City atreet or State high-
way;
2. Structures~ drainage, access/public safecy. Structurea for drainage,
access aad/or public safety shall be inatalled as deemed necessary by
the City Engineer. Such etructures shall be designed and placed to
locationa and grades approved by the City Engineer;
3. Curba and gutters. Vertical curbs and gutters shall be iastalled to
locations and grades approved by the City Engineer;
4. Sidewalks. Sidevalks shall be installed to locations and grades approved
by the City Engineer;
5. Sewers; storm drains. Sanitary sewer facilities shall be installed co
serve each lot. No septic tanka or cesspools will be permitted. Storm
aewers or inverted wells ahall be installed as required by the City
Engineer:
6. Water and gas. Water mains and gas mains shall be installed as required by
che City Engineer. Fire hydrants shall be installed as approved by the
cognizant fire department authority;
7. Street lighting. Street lighta shall be ina[alled by the subdivider and
ahall be as approved by the City Engineer;
8. Electric and telephone. Electrical and telephone lines shall be installed
underground as required by Che City Engineer;
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Ordinance No. 882
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~1. Stree[ and Utility Improvements: Urban Fringe Development (continued)
9. A registered landscape architect shall review grading plans nnd in
consort with the project and City Engineer, shall submit a plan to
prevent soil erosion and visually acreen extensive cut and fill areas.
• The intent of the visual screen is to soften grading snars. A 100X
. screening effect is not required.
B. Street and Utility Improvemencs: Semi-Rural Development
1. Street grades. All streets aad highvays shall be graded and aurfaced
to widtha and grades in accordance with City atandard specificationa
aad approved by the City Engineer. The subdividec shall improve the
extenaion of all aubdivision streets, highvays, or public ways to the
intercepting paving line of any County road, CiCy atreet or State
highway;
2. Structures, drainage, access/public safety. Structures for drainage,
access and/or public eafety shall be installed as deemed neceeeary by
the City Engineer. Such structures shall be designed and placed to
locations and grades approved by the City Engineer;
, 3. Curb and gutter. Curb and gu[ter will not be required. Drainage swales
shall be provided adjacent to roadways to contain runoff;
i 4. Sidewalks. Formal sidewalks will not be required. However, pedestrian
and equestrian trails may be required where terrain permits;
5. Gas. Public facility will not be required in lieu of other private nethods
such as propane, oil, electric, and new innovative system.
6. Electric. Overhead lines vill be allowed with natural setting utilized
as acreening technique. Undergrounding will be required for ehe 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 lighting may be necessary
if safety hazards can be shrnm.
9. Water. Approved and accepted water system by the City. Private individual
vells will not be accepted.
10. Sever. Individual sanitarq system approved by the County Health Depart-
ment will be permitted or conneccion to a public sanitary sewer system.
11. Storm System. Adequate storm facilities shall be provided to control
erosion, dissipate high velocity due to slopes, and to properly channel
vater to master drainage facilitiea.
12. A regiatered landscape architect shall review grading plans and in consort
with the project and City Eagineer, shall submit a plan to prevent soil
eroaion and visually screen extensive cut and fill areas. The intent of
the visual screen is to soften grading scars. A 100X screening effecc is
not required.
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Ordinance No. 882
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Section 18.16.300. Private Driveways for Tvo or More Parcels
A. An appropriate deed restriction and covenant running wlth the land subject
to the review and approval of the City Attorney shall be recorded for all
, parcels which share a common private drive or private roadway aith one or
more other parcels. Said deed restric[ion shall provide for the necessary
reciprocal ingress/egress easements to and from the affected parcels. Said
easements shall be recorded ac such time as intarest in one or more of the
affected parcele ia initially sold or transferred to another 2arty.
B. A reciprocal maintenance agreement to be reviewed and approved by the City
Attorney, shall be required for all parcels which ehare a co~on private
drive or private roadway with one or more other parcals within Che [rac[.
Said agreement shall be recorded in conjunction with recordation of the final
map.
Section 18.16.310. Hillside--Scope oE Regulations
In the event that a parcel of land qualifies as a hillside subdivision as defined
, in Sections 18 16.260 through 18.16.300, the requirements of Sections 18.16.260
' through 18.16.300 shall apply to the provisions of Chapters 18.04, 18.08, 18.12,
, Sections 18.16.010 through 18.16.250, Chapters 18.20 and 18.24 notvithstanding.
I In the abaence of regulationa not established by Sections 18.16.260 chrough
18.16.300, the provisions of Chapters 18.04.18.08, 18.12, Sections 18.16.010
. through 18.16.250, Chapters 18.20 and 18.24 shall apply.
INTRODUCED at a regular meeting of [he City Council of the City of Cupertino
this 19th day of June , 1978, and ENACTED at a regular meeting of
the City Council of the City of Cupertiao this 3rd day of Julv , 1978,
by the following vote:
Vote Members of the CitY Council
AYES: Meyere, 0'Keefe, Rogera, Sparka~ Jackson
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
yor, Cit no
ATTEST:
~ L A~5~.e'-~
City Clerk
Deputy
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