Ordinance 904 . . ~ ~
ORDINANCE NO. 904
AN ORDINANCE OF THE CITY OF CUPERTINO
AMENDING TITLE 11 (VEHICLES AND TRAFFIC)
• OF THE CUPERTINO MUNICIPAL CODE, AND
ADDING A NEW CHAPTER 11.36 THERETO,
DEALING WITH CLOSURE OF CURBS AND MEDIANS
TO VEHICULAR TRAFFIC
THE CITY COiJNCIL OF THE CITY OF CUPERTINO DOES ORDAIN
AS FOLLOWSs
Title 11 Amended
Title 11 of the Cupertino Municipal Code is
hereby amended, adding a new Chapter 11.36 thereto, to
~ read as follows:
CHAPTER 11.36
"Closure of Curbs and Medians to Vehicular Traffic"
Sections:
11.36.010 Purpose - Definitions
11.36.020 Nonexclusiveness
11.36.030 Closure Authority - General
11.36.040 Notice of Intention to Close Curb Opening
11.36.050 Closure Pending Hearing - Authority
11.36.060 Hearing - Appeal
11.36.010 Purpose - DeEinitions
A. Pursuant to the authority granted by the California
Vehicle Code, SS21100(d), 21351, 22113, 21651 to regulate and
guide vehicular traffic through the use of official traffic
control devices, the City Council of the City of Cupertino
finds and declares as follows:
The passage of automobile traffic through openings
in street curbs and median traffic dividers can and does
constitute in some circumstances a hazard to the public
safety and an obatacle to the efficient flow of vehicular
traffic. Authority is hereby qranted therefore, to close
such curb openinqs either temporarily or permanently, in
response to public emergencies, road construction, changing
or hazardous traffic patterns, and other considerations
of public safety and convenience, in accordance with the
procedures set forth in this chapter.
B. As used in this Chapter: .
1. "Curb Opening" means a driveway, curb cut,
ramp or aperture in the median or outer border of a street,
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whereby vehicular travel across such a street border is
' facilitated. Curb openings as used herein include thoae
giving access from streets to adjacent properties and
across medians or center traffic lane dividers.
2. "Street" means any residential or co~nercial
roadway publicly maintained and open to the use of the
public within the City limits of the City of Cupertino
which is subject to local regulation as authorized by the
California Vehicle Code.
3. "Affected Person" means any peraon or leqal
entity owning or contzolling real property located within
the City of Cupertino, who asserts an interest in or valuable
right affected by a proposed closure of a curb opening.
4. "Affected area" means those particular parcels
of real property to which vehiculaz access customarily and
conveniently may be had by use of the curb opening proposed
to be closed. Where a private driveway is proposed to be
closed, the affected area shall include those properties
served by said driveway. Where a median opening is pro-
posed to be closed, the affected area shall include those
residences, businesses or other properties within an area
reasonably calculated to encompass all of those properties
deriving a substantial economic benefit from public use of
said opening.
11.36.020 Nonexclusiveness
This chapter provides an additional, alternative
procedure for the closure of curb openings by the City of
Cupertino. It is supplemental to and not exclusive of all
other requlatory provisions, statutes or ordinances pro-
vided by any public agency havinq jurisdiction, including
the power of officera of the City of Cupertino to respond
to a public emergency thzough proper exercise of inherent
police powers.
11.36.030 Closure Authority - General
In the event that a public emergency, road construc-
tion, hazardous traffic pattern or other considerations make
such cloaure necessary and convenient for reasons oE the
public safety and welfare, the City Manager is hereby em-
powered to close curb openings in accordance with the pro-
cedures atated in this chapter.
11.36.040 Notice of Intention to Close Curb Opening
At least ten (10) days prior to actual closure of
a curb opening, a notice of intention to clese said curb
opening shall be mailed by registered mail to alI owners
of real property within the affected area, as defined in
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n ~l
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. Section 11.36.010(4) above, or to the street address of all
business or residences within said area or to a combination of
said persons and addresses, if the purpose of affordinq
proper notice to affected persons will be served thereby.
The notices of intention shall be in aubstantially
the followinq form:
"Notice of intention to close drivewa median or
o er cur openina to ve cu ar tra c
TO: [Name and address of ownez or occupant of
property within the affected areaj
Notice is hereby given pursuant to Chapter 11.36
of the Cupertino Municipal Code that the undersigned
has determined that continued vehicular traffic through
the driveway median or other curb openinq located at
[ addreas and other description j
constitutes a hazard to the public safety and an obstacle
to vehicular traffic within the City of Cupertino, in
the following particulars:
[specifv~
Notice is hereby given that the above-described curb
opening will be temporarily closed to vehicular traffia
beginning on [date] , 19 , by placement of traffic
barriers there~-'- -
Notice is hereby given that any affected person may
address any complaint, comment or protest to:
Office of the City Manager
City Hall
10300 Torre Avenue
Cupertino, CA 95014
(Telephone: 252-4505)
at any time following receipt of this notice. Any
affected person may request a public hearing reqarding
this matter, to be held at the next regularly scheduled
meeting of the Cupertino City Council. Said public
hearinq shall be held for the purpose of considering all
relevant evidence, and for the purpose of determininq
whether closure of said curb opening shall be made
permanent.
Notice mailed on [date] , 19
/s/
TY NA E, ity o upertino
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11.36.050 Closure Pending Hearing - Authority
~ The City Manaqer is hereby empowered to close curb
openings to vehicular traffic with or without notice if in
• response to a public emergency, or upon the expiration of
ten (10) days following mailing of proper notice as dea-
cribed in Section 11.36.040. Requests for a public hearing
shall be addressed to the office of the City Manager, who
shall forward them to the City Council for action. The
City Manaqer may, in his descretion, refrain from closure
of any curb opening pendinq a public hearing on the matter
if to do so will serve the public interest.
11.36.060 Hearing - Appeal
A. Opon receipt of a request for a public hearinq,
j the City Council shall cause such a hearing to be held
at its next regular meeting. The City Council may in its
discretion convene a special meeting for the purpose of
publicly hearing evidence reqardinq closure of a curb
openinq.
B. At a public meetinq held to review actfons taken
pursuant to this chapter, the City Council shall hear all
evidence and testimony it deems relevant, includinq the
testimony of affected persons. Said hearing may be con-
tinued as appropriate, and shall result in a determination
whether any curb openings shall be temporarily or per-
manently closed to vehicular traffic, subject to such other
terms and conditions as may be imposed by the City Council.
Any determination of the City Council reached as a result
of said hearing shall be final, and any re-hearinq or
modification of findings in the matter shall be afforded
or not solely within the discretion of the City Council.
Passed and adopted by the City Council of the City
of Cupertino, this 20th day of November , 1978, by
the following vote:
Members of the City Council
AYES: Meyera, O'Reefe, Rogere, Sparka,.Tackson
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
ATTEST: ~~~",J~~~.
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' MA~9R;'City ~ pertino
City Clerk