CC Ordinance No. 15-2128 Amending Chapter 11.32 to Restrict Truck Access to Streets Adjacent to Public Schools During Certain Hours ORDINANCE NO. 15-2128
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING CHAPTER 11.32 OF THE
CUPERTINO MUNICIPAL.CODE TO RESTRICT TRUCK
ACCESS TO STREETS ADJACENT TO PUBLIC SCHOOLS
DURING CERTAIN HOURS
WHEREAS, pursuant to the provisions :and requirements of the ,California
Environmental Quality Act of 1970, together with related State CEQA Guidelines
(collectively, "CEQA"), the City has determined that the provisions of this
Ordinance do not fall within CEQA pursuant to Sections 15060(c)(2) (the activity
will not result in a direct or reasonably foreseeable indirect physical change mi
the environment) and 15060(c)(3) (the activity is not a project as defined in
Section-15378) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly; rather it merely enacts regulations that
further restrict truck traffic on local streets in order to protect public health,
safety, and general welfare; and
WHEREAS, the City Council of the City of Cupertino is the decision-making
body for this Ordinance; and
WHEREAS, this Council has reviewed, considered, and adopts the "not a
project".determination prior to taking action on this Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS. The City Council finds that:
.A. The California Vehicle Code authorizes cities to prohibit the use of
particular streets-by certain vehicles based on valid safety concerns.
B. Pursuant to that authority, the City of Cupertino ("City")
previously enacted Chapter 11.32 of the Cupertino Municipal Code ("CMC")
establishing truck routes to restrict truck use to certain streets within the City.
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C. On October 27, 2014, a teenager riding his bicycle to school was
killed after being involved in a collision with a semi-truck with a large trailer
traveling westbound on McClellan Road at Bubb Road.
D. The City Council -desires to protect the .safety and welfare of
pedestrians and bicyclists within the City, particularly those pedestrians and
bicyclists of school age.
E. In addition, the City actively promotes alternative transportation
programs, including encouraging students to bike and walk to school, as part of
its efforts to build a more sustainable community.
F. ..The City Council is concerned that these efforts may increase the .
exposure of students to potential conflicts between truck traffic and pedestrians
and/or bicyclists adjacent to schools.
G. Although the City's existing truck route designations precludes
trucks from using non-designated streets, state law permits trucks to operate on
restricted streets for the purpose of making pickups or deliveries of goods, wares
and merchandise from or to any building or structure located on the restricted
street, or for the purpose of delivering materials to be used in the actual and
bona fide repair, alteration, remodeling, or construction of any building or
structure upon the restricted street for which a building permit previously has
been obtained, provided the truck in question takes ingress or egress by direct
route to and from a restricted street when necessary for the purpose of making
pickups or deliveries of goods, wares and merchandise from or to any building
or structure located on the restricted street, or for the,purpose of delivering
materials to be used in the actual and bona fide repair, alteration, remodeling, or
construction of any building or structure upon the restricted street for which a
building permit previously, has been obtained; provided such delivery or pickup
is accomplished by direct route from the designated truck route.
H. The City Council desires to protect the safety and general.welfare
of school-aged pedestrians and bicyclists by adopting and absolute ban on truck
traffic on streets adjacent to schools during the hours scheduled for drop off and
pick up of students.
I. The Council finds that nothing short of an absolute ban during the
hours scheduled for drop off and pick up of students adjacent to schools will.
adequately protect the safety and general welfare of school-aged pedestrians and
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bicyclists. -The Council .further finds .that enactment of .an absolute ban on the
operation of trucks adjacent .to public .schools during these time periods leaves
alternative times and routes for trucks to make pickups or deliveries and is
reasonably necessary to protect the public safety and general welfare.
SECTION 2. Section 11.32.010 of Chapter 11.32 of Title 11 of the Cupertino
Municipal Code is.hereby amended to read as follows:
11.32.010 Definitions.
For purposes of this chapter:
A. The term "truck" means any vehicle as defined in the Vehicle Code
of California, or as hereafter amended, that exceeds a gross weight of
three tons and has a total combination of motor truck, truck tractor and/or
trailers of sixty feet or less in length.
B. The phrase "interstate truck" means any vehicle as defined in the
Vehicle Code of California, or as hereafter amended, that exceeds a
maximum gross weight of three tons and has a total combination of motor
truck, truck tractor and/or trailers that exceeds sixty feet in length.
C. The term "public school" means an elementary or secondary school
supported by public funds and providing free education for children in
grades K—12.
SECTION 3. Section 11.32.055 is hereby added to Chapter 11.32 of Title 11 of the
Cupertino Municipal Code to be numbered, entitled, and to read as follows:
11.32.055 School Zones—Prohibited Vehicles.
A. No person shall operate, drive, or cause or permit to be operated or
driven, any truck, as defined in Section 11.32.010 of this chapter, between
the hours of 7:00 a.m. and 9:30 a.m. in the morning and the hours of 2:00
p.m. and 4:00 p.m. in the afternoon Monday through Friday, on the
following roadway segments:
(i)_on any roadway which runs contiguous to and is within 500
feet of any public school grounds;
(ii) McClellan Road, between Stelling Road and Bubb Road.
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B. This section shall not apply to the following:
(i) Emergency response vehicles;
(ii) Any vehicle traveling on an arterial or major collector
avenues as defined in the City of Cupertino's General Plan,
Chapter 5, "Mobility Element", Figure M-2, including
DeAnza Boulevard, Homestead Road, Stevens Creek
Boulevard (east of Foothill Boulevard), Wolfe Road (north of
Stevens Creek),-Bollinger Road (east of DeAnza Boulevard),
Bubb Road (north of McClellan Road), Foothill Boulevard
(north of Stevens Creek), Miller Avenue (north of Bollinger
Road), Stelling Road (north of Stevens Creek) and Tantau
(north of Stevens Creek Boulevard);
(iii) Solid waste, garbage, or recycling trucks and street sweepers
operating on their established routes; or
(iv) Passenger buses and other public transit vehicles under the
jurisdiction of the California Public Utilities Commission, so
long as these vehicles do not deviate from their established
route(s).
C. The Director of Public Works is directed to designate the above-
named school zones by the erection of appropriate approved state
standard signs giving notice of the restrictions in this section.
D. When authorized signs are in place giving notice of the designated
school zones, no person shall operate, drive, or cause or permit a truck to
be operated or driven in violation of this section unless otherwise exempt
under the provisions of subsection B of this section.
SECTION 4. The City Clerk shall certify the adoption of this Ordinance and
shall give.notice of its adoption as required by law. Pursuant to Government
Code Section 36933,a summary of this Ordinance may be published and posted
in lieu of publication and posting of the entire text.
SECTION 5. This ordinance shall take effect 30 days after adoption.
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INTRODUCED at:a regular meeting of the City Council of the City of Cupertino
the 3rd day of March, 2015, and .ENACTED at a regular meeting of the City
Council of the City of Cupertino the 7f day of April, 2015, by the following vote:
PASSED:
Vote: Members of the City Council
Ayes: Sinks, Chang, Paul, Vaidhyanathan, Wong
Noes: None
Absent: None
Abstain: None
ATTEST: APPROVED:
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, GRACE SCHMIDT, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 15-2128, which was
enacted on April 7, 2015, and.that it has been-published or posted pursuant
to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 8th day of April 2015.
GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California