Cupertino Municipal Code Ch. 11.36 Closure of Curbs and Medians to Vehicular Traffic

A. Pursuant to the authority granted by the California Vehicle Code, § § 21100 (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 obstacle to the efficient flow of vehicular traffic. Authority is hereby granted therefor, to close such curb openings 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. “Affected area” means those particular parcels of real property to which vehicular 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 proposed 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.

2. “Affected person” means any person or legal entity owning or controlling 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.

3. “Curb opening” means a driveway, curb cut, ramp or aperture in the median or outer border of a street, whereby vehicular travel across such a street border is facilitated. Curb openings as used in this chapter include those giving access from streets to adjacent properties and across medians or center traffic lane dividers.

4. “Street” means any residential or commercial 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.

(Ord. 904, (part), 1978)

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 regulatory provisions, statutes or ordinances provided by any public agency having jurisdiction, including the power of officers of the City of Cupertino to respond to a public emergency through proper exercise of inherent police powers.

(Ord. 904, (part), 1978)

In the event that a public emergency, road construction, hazardous traffic pattern or other considerations make such closure necessary and convenient for reasons of the public safety and welfare the City Manager is empowered to close curb openings in accordance with the procedures stated in this chapter.

(Ord. 904, (part), 1978)

At least ten days prior to actual closure of a curb opening a notice of intention to close said curb opening shall be mailed by registered mail to all owners of real property within the affected area, as defined in Section 11.36.010(4), 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 affording proper notice to affected persons will be served thereby.

The notices of intention shall be in substantially the following form:

Notice of intention to close driveway, median, or other curb opening to vehicular traffic

TO: [Name and address of owner or occupant of property within the affected area]

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 opening located at

[address and other description]

constitutes a hazard to the public safety and an obstacle to vehicular traffic within the City of Cupertino, in the following particulars:

[specify]

Notice is hereby given that the abovedescribed curb opening will be temporarily closed to vehicular traffic beginning on [date] , 19 , by placement of traffic barriers therein.

Notice is hereby given that any affected person may address any complaint, comment or protest to:

Office of the City Manager

City Hall

10330 Torre Avenue

Cupertino, CA 95014

(Telephone: 252-4505)

at any time following receipt of this notice. Any affected person may request a public hearing regarding this matter, to be held at the next regularly scheduled meeting of the Cupertino City Council. Said public hearing shall be held for the purpose of considering all relevant evidence, and for the purpose of determining whether closure of said curb opening shall be made permanent.

Notice mailed on [date] , 19

/s/

CITY MANAGER, City of Cupertino

(Ord. 904, (part), 1978)

The City Manager 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 days following mailing of proper notice as described in Section 11.36.040. Requests for a public hearing shall be addressed to the office of City Manager, who shall forward them to the City Council for action. The City manager may, in his discretion, refrain from closure of any curb opening pending a public hearing on the matter if to do so will serve the public interest.

(Ord. 904, (part), 1978)

A. Upon receipt of a request for a public hearing, 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 regarding closure of a curb opening.

B. At a public meeting held to review actions taken pursuant to this chapter, the City Council shall hear all evidence and testimony it deems relevant, including the testimony of affected persons. Said hearing may be continued as appropriate, and shall result in a determination whether any curb openings shall be temporarily or permanently 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 rehearing or modification of findings in the matter shall be afforded or not solely within the discretion of the City Council.

(Ord. 904, (part), 1978)

A. Persons engaged in road or street construction maintenance or repair, including but not limited to, employees of the City, and persons contracting to perform such work, may while engaged in the performance of that work, restrict the use of, and regulate the movement of traffic through or around the affected area whenever the traffic would endanger the safety of workers or the work would interfere with or endanger the movement of traffic through the area. Traffic may be regulated by warning signs, lights, appropriate control devices or by a person or persons controlling and directing the flow of traffic.

B. It is unlawful and an infraction for any person to disobey the instructions of a person controlling and directing traffic or to fail to comply with the directions of warning signs, lights or other control devices provided for the regulation of traffic pursuant to this section.

(Ord 1413, § 1, 1987)