CC Ordinance No. 15-2134 11.32.020 Removing Pruneridge Ave truck route and amending 11.32.055, 11.32.070, and 11.32.080 clarify exceptions to truck access within the City and adjacent to public schoolsORDINANCE NO. 15-2134
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING SECTION 11.32.020 OF CHAPTER 11.32 OF TITLE 11 OF THE
CUPERTINO MUNICIPAL CODE TO REMOVE PRUNERIDGE A VENUE AS
A TRUCK ROUTE AND AMENDING SECTIONS 11.32.055, 11.32.070, AND
11.32.080 TO CLARIFY EXCEPTIONS FOR TRUCK ACCESS WITHIN THE
CITY AND WITHIN SCHOOL ZONES
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 in
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; 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 confirms the CEQA
analysis above prior to taking action on this Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 11.32.020 of Chapter 11.32 of Title 11 of the Cupertino
Municipal Code is hereby amended to read as follows:
11.32.020 Routes-Established-Signs.
A. The following truck traffic routes within the City are hereby established for
the movement of any truck as defined in Section 11.32.010:
Street I Limits
DeAnza From the South
Boulevard City Limits to the
Ordinance No. 15-2134
Page 2
North City
Limits, all
portions
currently or
hereafter within
the City Limits.
From McClellan
Road to Junipero
Serra Freeway
Foothill (Route No. 280),
Boulevard all portions
currently or
hereafter within
the City Limits.
From Stevens
Creek Freeway
(Route 85) to
Homestead Lawrence
Expressway, all Road portions
currently or
hereafter within
the City Limits.
From the South
City Limits to
Stevens McClellan Road,
Canyon all portions
Road currently or
hereafter within
the City Limits.
From the West
City Limits to
Stevens Foothill
Creek Boulevard and
Boulevard from West Valley
Freeway (Route
No. 85) to the
Ordinance No. 15-2134
Page3
East City Limits,
all portions
currently or
hereafter within
the city limits.
From Stevens
Tan tau Creek Boulevard
Avenue to Homestead
Road.
Stevens Creek
Wolfe Road Boulevard to
Homestead
Road.
B. The City Engineer is directed to designate the above-named truck traffic
routes by the erection of appropriate approved state standard signs giving
notice to the ordinance codified in this chapter.
SECTION 2. Section 11.32.055 of Chapter 11.32 of Title 11 of the Cupertino
Municipal Code is hereby amended 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.
B. The only vehicles which can operate during the times listed in
Section 11.32.055(a) are as follows:
(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,
Ordinance No. 15-2134
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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 A venue (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;
(iv) A public utility or licensed contractor while necessarily in
use in the construction, installation, or in repair of any
public utility, within the City, but only as necessary for
emergency repair; or
(v) Passenger buses and other public transit vehicles under the
jurisdiction of the California Public Utilities Commission,
school buses, and employer-sponsored passenger buses
provided solely for the employer's employees, 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 3. Section 11.32.070 of Chapter 11.32 of Title 11 of the Cupertino
Municipal Code is hereby amended to read as follows:
11.32.070 Exceptions-Pickup or Delivery.
Ordinance No. 15-2134
Page5
For the purpose of this chapter, a "restricted street" is any street which is
neither a truck traffic route nor an unrestricted highway. This section does not
apply to the time restrictions around school zones as set forth in Section
11.32.055. Except during the times as set forth in Section 11.32.055, nothing
contained in this chapter shall prohibit the operation of any commercial vehicle
as defined in the Vehicle Code of California, or as hereafter amended, coming
from a truck traffic route or unrestricted highway having 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.
SECTION 4. Section 11.32.080 of Chapter 11.32 of Title 11 of the Cupertino
Municipal Code is hereby amended to read as follows:
11.32.080 Exceptions-Types of Vehicles.
Except as provided in Section 11.32.055, the provisions of this chapter shall not
apply to any of the following:
A. Passenger buses under the jurisdiction of the Public Utilities Commission
of California, and school buses;
B. Any authorized emergency vehicle as defined in Section 165 of the Vehicle
Code of California, or as hereafter amended;
C. Any vehicle owned, leased, operated or controlled by:
(i) The City of Cupertino,
(ii) A contractor retained to provide street sweeping within the City of
Cupertino but only while its trucks are operating on an established route
or travelling to and from an established route,
(iii) A public utility or licensed contractor while necessarily in use in
the construction, installation, or in repair of any public utility, within the
City,
Ordinance No. 15-2134
Page 6
(iv) The holder of a franchise issued by the City for the removal of
garbage, solid waste, or recycling but only while its trucks are operating
on an established route or travelling to and from an established route; and
(v) An employer providing transportation to its employees, provided such
vehicles deviate from a truck traffic route or unrestricted highway only by
way of a direct route to and from a restricted street and only when
necessary for the purpose of picking up or dropping off passengers.
SECTION 5.
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 6. This ordinance shall take effect 30 days after adoption.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
the 15th day of September 2015, and ENACTED at a regular meeting of the City
Council of the City of Cupertino the 6th day of October 2015, by the following
vote:
PASSED:
Ayes:
Noes:
Absent:
Abstain:
ATTEST:
Members of the City Council
Sinks, Paul, Vaidhyanathan, Wong
None
Chang
None
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. 15-2134, which was
enacted on October 6, 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 7th day of October 2015.
GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California