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)