Cupertino Municipal Code Ch. 18.52 Hillside Subdivisions

The hillside subdivision requirement prescribed by this chapter shall apply to subdivision of land, as defined in this title of geographical areas where the natural average slope of the land exceeds ten percent.

(Ord. 2085, § 2 (part), 2011; Ord. 1575, (part), 1991)

A. The hillside subdivision regulations are intended to guide parceling of hillside land in a manner which results in harmony between 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 subdivision regulations are discretionary in nature due to the wide variation in the natural setting of the hillside areas within the community. The hillside development philosophy of the General Plan will therefore aid the Planning Commission and City Council in their review of hillside subdivision proposals.

B. The hillside subdivision regulations pertain to the parceling of land. The Grading Ordinance, Tree Removal Ordinance, Residential Hillside Zoning Ordinance and other general and specific community ordinances also play a role in the regulation of hillside development.

(Ord. 2085, § 2 (part), 2011; Ord. 1575, (part), 1991)

A. General. The standards listed below shall be utilized to evaluate the lot configuration of hillside subdivision applications. The standards augment lot design requirements contained in applicable land use zoning districts.

B. Lot Configuration.

1. The area of each lot shall be of sufficient size to include the house together with required setbacks and yards, adequate space or access drives and off-street parking, septic tank systems, if permitted, and necessary cut and/or bells.

2. Each lot shall be reviewed for appropriate building pad locations. Appropriate building pad locations shall take into account the ridgeline visibility standards, views from open space, slope of the lot, location to riparian corridors, protection of natural vegetation, and wildlife migration. These issues shall be studied to determine the best building location and mitigate any negative environmental impacts and meet the building and setback requirements as established in Chapter 19.40, Residential Hillside Zones, of this code.

3. The manmade environment (roads, houses, fences) is shaped to a large degree by property lines. Therefore, property lines shall reflect natural land forms to the greatest extent possible. For example, lot lines should follow the natural contour of a hillside, not straight lines drawn for engineering design and surveying convenience.

4. In addition to the requirements of this Chapter, Hillside Subdivisions for two-lot subdivisions shall also apply the standards of Section 18.20.180.

C. Clustering Development and Subdivisions.

1. Major Subdivisions in the Five to Twenty Acre Slope Density Designation.

a. Development lots and major subdivisions in the five to twenty acre slope density designation shall be clustered, reserving ninety percent of the land in private open space to protect the unique characteristics of the hillsides from adverse environmental impacts. The project shall keep the number of lot clusters minimized, and the open space area contiguous, to the greatest extent possible. The ninety percent private open space can be contained in individual lots regulated by an open space easement or as land held in common as dedicated open space. The project shall keep the open space area contiguous as much as possible. A lot having common ownership, containing the designated open space, will not be counted in the total dwelling unit yield.

b. Significant natural features shall be identified on the tentative map: riparian and native vegetation including trees, shrubs and ground cover; all topography and areas of slope over thirty percent watercourses; faults; landslides; views of prominent ridgelines; and views from adjacent properties.

c. As a condition of the subdivision, all development except that which is allowed in Chapter 19.88, Open Space Ordinance, of this code, shall be completely contained in the ten percent development area, which should be designed to avoid adversely impacting the natural features. The lot sizes will be determined in the review process. The use of the ninety percent open space area shall be limited to their uses allowed in Chapter 19.88, Open Space Ordinance, of this code.

2. Minor Subdivisions in the Five to Twenty Acre Slope Density Designation.

a. Development of lots and minor subdivisions in the five to twenty acre slope density designation are encouraged to be clustered, reserving ninety percent of the land in private open space to protect the unique characteristics of the hillsides from adverse environmental impacts. The project shall keep the open space area contiguous, and the number of lot clusters minimized, to the greatest extent possible. The ninety percent private open space can be contained in individual lots regulated by an open space easement or as land held in common as dedicated open space. A lot having common ownership, containing the designated open space, will not be counted in the total dwelling unit yield.

b. Significant natural features shall be identified on the tentative map: riparian and native vegetation including trees, shrubs and ground cover; all topography and areas of slope over thirty percent; watercourses; faults; landslides; views of prominent ridgelines; and views from adjacent properties.

c. As a condition of the subdivision, all development, except that which is allowed in Chapter 19.88, Open Space Ordinance, of this code, shall be completely contained in the ten percent development area, which should be designed to avoid adversely impacting the natural features. The lot sizes will be determined in the review process. The use of the ninety percent private open space area shall be limited to their uses allowed in Chapter 19.88, Open Space Ordinance of this code.

D. Grading.

1. Preliminary or tentative grading plans will be required as specified in Chapter 16.08, Excavations, Grading and Retaining Walls, or as part of the conditional approval of the map. The extent of grading and size of building pads shall meet the requirements as specified in Chapter 19.40, Residential Hillside Zones.

2. A final lot grading plan and quantity estimate may be required as part of the conditional approval and as a part of the tract improvement plans with guarantee by separate performance bond of one hundred percent of cost of such lot grading and construction of driveway approaches for the entire tract.

3. Retaining walls may be employed to resolve ground stability problems or minimize grading.

E. Off-Street Parking. Where lots have frontage on a public roadway or driveway having a pavement section of less than thirty feet or on a roadway or driveway which does not permit parking at the curb, each lot shall provide adequate turnaround space and four independently functional off-street parking spaces. The four parking spaces shall be in addition to the required two garage or carport spaces.

F. Frontage.

1. All lots shall front on a public street or private driveway as provided in Section 18.32.120.

2. Where the principal frontage of a lot is by means of a corridor, such corridor shall be at least twenty feet wide. A lesser width for a corridor may be approved when a twenty-foot width would not be practical because of existing permanent structures or topography. However, in all cases, the corridor width must be sufficient to accommodate a safe driveway of not less than twelve feet of improved width, and if the length of the corridor is over one hundred fifty feet, the usable width must be at least eighteen feet. Where two such corridors are combined, the total access width need not exceed thirty feet if each lot has right of access over the corridor of the adjoining lot and the total paved width is not less than eighteen feet.

G. Watercourse Protection.

1. Any watercourse identified in Figure 6-G of the Cupertino General Plan and its existing or potential riparian vegetation must be shown on all development plans.

2. Lots in major subdivisions must be clustered so that the water course and existing or potential riparian vegetation are retained in the required ninety percent open space designation. Building site shall be set back from said watercourse or existing or potential riparian vegetation a minimum of fifty feet on lots which are less than one acre in size and one hundred feet on lots which are greater than one acre. The setback shall be measured from the top of the bank or from existing riparian vegetation, whichever is greater. The setback from riparian vegetation will be measured from the drip-line perimeter. The precise area will be established through presentation of evidence of the existing or potential riparian vegetation and wildlife habitat and by considering their relationship to all design factors.

3. Lots in minor subdivision are encouraged to be clustered so that development does not encroach on the watercourse. Building sites shall be setback from said watercourse or existing or potential riparian vegetation a minimum of fifty feet on lots which are less than one acre in size and one hundred feet on lots which are greater than one acre. The setback shall be measured from the top of bank or from existing riparian vegetation whichever is greater. Setback from riparian vegetation shall be measured from the drip-line perimeter. The precise area will be established through presentation of evidence of the existing or potential riparian vegetation and wildlife habitat and by considering their relationship to all site design factors.

H. Trail Linkages. In subdivisions, if a trail linkage, as shown in the General Plan Trail Plan, is identified on the property being developed, a trail easement shall be granted in favor of the City prior to approval of the final map.

(Ord. 2085, § 2 (part), 2011; Ord. 1635, (part), 1993; Ord. 1575, (part), 1991; Ord. 25-2277, Exh. A (part), 2025)

A. The design of roadways in the hillsides is based upon the General Plan Policy of maintaining the natural environment setting of the hillside. In response to the General Plan Policy, public rights of way shall be aligned in a manner to avoid trees and riparian environments. In cases where it is necessary to place rights-of-way on or near ridge tops, grading for the roadways shall be minimized to reduce visual scarring. The specific, technical road alignment and section standards described in this section are based upon the following constraints:

1. Volume of traffic;

2. Topography;

3. Public safety, particularly of fire protection;

4. Lot size and on-street parking needs;

5. Drainage requirements.

B. The specific technical standards may be modified when it can be determined by the City Engineer, as approved by the City Council, that the strict adherence to a specific standard would result in environmental hardship. The City Council shall make specific findings of fact relative to environmental degradation or economic hardship in the event a standard is waived.

(Ord. 2085, § 2 (part), 2011; Ord. 1575, (part), 1991)

The General Plan provides for more flexible improvement standards for hillside developments which have an average lot size of 2.5 acres or greater. Developments that result in less than 2.5 acres per dwelling are labeled "urban fringe development." Conversely, developments that result in 2.5 acres or greater per dwelling unit shall be labeled "semirural 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 cluster or conventional developments should not be counted in the 2.5 acre average lot size standard.

A. Urban Fringe Developments.

1. Generally, the street design standards for hillside developments on the valley floor fringe are comparable to the subdivision improvements within the typical urbanized portion of the community. However, because of varied topography, 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. The City shall maintain slope easements for all fill slopes. The right-of-way for a slope easement shall include an area ten feet below the toe of fill.

2. The minimum right-of-way width and street sections for various functional categories of roads are as follows:

a. Hillside collector right-of-way width shall be fifty feet with the pavement section to contain thirty feet with three feet of shoulders on each side.

b. Major roadways are roads that primarily serve development fronting on the road and serving greater than ten dwelling units. The right-of-way shall be forty feet and the pavement width shall be twenty-four feet with three feet of level shoulder space on each side.

c. Minor roadways and cul-de-sacs serving less than ten dwelling units shall be thirty feet with a twenty-foot pavement section with three feet of shoulder on each side.

d. Private drives may be employed where five or fewer residential lots are to be served. The minimum width for a private driveway serving five or fewer dwellings is eighteen feet with three feet of shoulder on either side, with the exception that a private driveway serving one dwelling may be twelve feet.

B. Semirural Development.

1. The street design standards for semirural development are designed to result in minimal disruption to the natural environment. The City Engineer shall have maximum flexibility to waive conventional street standards, as approved in each case by the City Council.

2. The minimum right-of-way width and street sections for various functional categories of roads are as follows:

a. Major roadways serving greater than ten dwelling units shall have a minimum traveled-way width of twenty-four feet. However, this may be reduced to avoid natural features such as topography, vegetation, etc.

b. Minor roadways and cul-de-sacs serving ten or fewer dwelling units shall have a minimum twenty feet in traveled-way width with lessening of that width permitted in consideration of natural features of the area.

c. Private roads serving five or fewer dwelling units shall have a minimum of eighteen feet in traveled-way width. Surface shall consist of a minimum of oil and screening and the slope shall not exceed fifteen percent. Grades exceeding fifteen percent and not greater than twenty percent for a maximum of three hundred feet shall have a minimum of asphalt or concrete surface.

d. Driveways serving individual dwelling units shall have a minimum of traveled-way width of twelve feet with passing turnouts as required. Surface shall consist of a minimum of oil and screening and the slope shall not exceed fifteen percent. Grades exceeding fifteen percent and not greater than twenty percent for a maximum of three hundred feet 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 semirural development shall normally not exceed ten. The length shall not exceed eight hundred feet except where topographic conditions require use of longer cul-de-sacs. In cases where the length of cul-de-sacs is greater than eight hundred feet, fire hydrants shall be placed every six hundred feet with a standard pullout located adjacent to each hydrant. A secondary means of access may be required where a dead-end street is longer than one thousand feet.

(Ord. 2085, § 2 (part), 2011; Ord. 1575, (part), 1991)

A. Urban fringe developments.

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 Engineer. The subdivider shall improve the extension of all subdivision streets, highways or public ways to the intercepting paving line of any County 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 Engineer. Such structures shall be designed and placed to locations and grades approved by the City Engineer.

3. Curbs and Gutters. Vertical curbs and gutters shall be installed to locations and grades approved by the City Engineer.

4. Sidewalks. Sidewalks shall be installed to locations and grades approved by the City Engineer.

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 City Engineer. Fire hydrants shall be installed as approved by the City Engineer.

7. Street Lighting. Street lights shall be installed by the subdivider and shall be approved by the City Engineer.

8. Electric and Telephone. Electric and telephone lines shall be installed underground as required by the City Engineer.

9. A registered landscape architect shall review grading plans and in consort with the project and City Engineer, shall submit 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 one hundred percent effect is not required.

B. Semirural developments.

1. Street Grades. All streets and highways shall be graded and surface to widths and grades in accordance with City standard specifications and approved 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 County 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 Engineer. Such structures shall be designed and placed to locations and grades approved by the City Engineer.

3. Curb and Gutter. Curb and gutter will not be required. Drainage swales shall be provided adjacent to roadways to contain runoff.

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 methods such as propane, oil, electric and new innovative system.

6. Electric. Overhead lines will be allowed with natural setting utilized as screening technique. Undergrounding 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 lighting may be necessary if 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 Department will be permitted or connection 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 water to master drainage facilities.

12. A registered landscape architect shall review grading plans and in consort with the project and City Engineer, shall submit a plan to prevent soil erosion and visually screen cut and fill areas. The intent of the visual screen is to soften grading scars. A one hundred percent screening effect is not required.

(Ord. 2085, § 2 (part), 2011; Ord. 1575, (part), 1991)

A. An appropriate deed restriction and covenant running with 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 with one or more parcels. The deed restriction shall provide for the necessary reciprocal ingress/egress easements to and from the affected parcels. The easements shall be recorded at such time as interest in one or more of the affected parcels is initially sold or transferred to another party.

B. A reciprocal maintenance agreement to be reviewed and approved by the City Attorney, shall be required for all parcels which share a common private drive or private roadway with one or more other parcels within the tract. The agreement shall be recorded in conjunction with recordation of the final map.

(Ord. 2085, § 2 (part), 2011; Ord. 1575, (part), 1991)

In the event that a land qualifies as a hillside subdivision as defined in this chapter, the requirements of this chapter shall apply to the provisions of this title. In the absence of regulations not established by this chapter, the provisions of the remainder of this title shall apply.

(Ord. 2085, § 2 (part), 2011; Ord. 1575, (part), 1991)