14.04.125 Rules and Regulations for Installation, Modification or Removal of Traffic Diverters.
   A.   Definitions.
      1.   A “diagonal diverter” extends through the center of an intersection from one corner to the opposite comer across an intersection forcing a turn to the right or left.
      2.   A “full diverter” (cul-de-sac type) is placed across both lanes of traffic and prohibits both exit from and entrance to a street
      3.   “Local street” means any street other than a major or minor collector as shown in Table 4-B of the circulation element of the General Plan. The circulation element calls for the deliberate discouragement of through traffic of such streets.
      4.   “Official traffic-control signs” means the signs approved by Caltrans in accordance with the California Vehicle Code Section 21400.
      5.   A “semidiverter” is placed across one lane of traffic and prohibits entry to or exit from a street.
      6.   “Traffic diverter” means a roadway design feature which is placed upon a street or roadway in order to prohibit vehicular traffic from entering to or exiting from or both to and from any street.
   B.   Rules.
      1.   Traffic diverters shall be placed only on streets under the jurisdiction of the City.
      2.   Traffic diverters shall be placed only on local streets.
      3.   The diverter shall be in conformance with the policies of the circulation element of the General Plan.
      4.   Placement of diverters shall be consistent with the responsibility of the City to provide for the health and safety of its citizens, including provision of emergency vehicle access, effective decreases in exposure to noise and pollution, and decreasing accidents and energy use.
      5.   Appropriate traffic-control signs shall be placed on and in the vicinity of each diverter.
   C.   Regulations.
      1.   A request for installation, removal or modification of a diverter may be initiated by the Department of Public Works or by the City Council. The request shall specify the proposed action and state reasons for the suggested installation, removal or modification of a diverter.
      2.   Each request for installation, removal or modification of a diverter shall be reviewed by staff, who shall prepare a written report containing the following information to be submitted to the City Council:
         a.   The actions proposed and the reasons for support of the request For existing diverters, the report shall include the history of the diverter, including the date of installation, reason why it was installed, complaints received, if any, and statements of support received, if any;
         b.   Existing conditions in the area which would be affected by the proposed installation, removal or modification include, but are not limited to:
            i.   Traffic volumes, patterns and speeds,
            ii.   Existing traffic control and traffic-control and traffic-management devices,
            iii.   On-street parking levels and patterns,
            iv.   Accident data, and
            v.   Emergency-vehicle access routes, public transit and school bus routes, and other public service and delivery routes.
   Both the streets directly affected by the diverter and the streets which would be expected to handle diverted traffic shall be considered. For existing diverters, the accident data should include an assessment of the role, if any, that the diverter may have played (both positive and negative);
         c.   Design options of the diverter or diverters;
         d.   Probable impacts of the proposed installation, removal or modification, including but not limited to impacts on the conditions described under subsection C2b of this section; on air pollution, fuel use, and noise; on transit service; on emergency-vehicle access times; on residential quality of life, and estimated costs. Both streets directly affected by the diverter or diverters and the streets which would be expected to handle diverted traffic shall be considered;
         e.   Staff shall request comments on the proposed diverter from the Departments of Public Safety and Community Development and the County Transit District if any routes are impacted, and shall attach these comments to the report;
         f.   Alternatives to the proposed action;
         g.   Statements or findings necessary to comply with the California Environmental Quality Act;
         h.   Staff recommendation.
      3.   In addition to transmitting the staff report to the City Council, staff shall also send copies of the report to the initiator of the request, to neighborhood organizations in the area of the proposed action, to individuals who have stated an interest in such matters, and to the County Transit District if any bus routes are impacted.
      4.   Notice of a public hearing shall be given pursuant to the manner set forth in Chapter 19.116 of the Cupertino Municipal Code.
      5.   After the close of the public hearing, the City Council may order a report recommending that a diverter or diverters be installed or removed or modified, or that no change be made. The report shall contain written findings that the proposed action meets each of the requirements set forth in subsection B of this section, shall specify the effect of the proposed action on traffic volume and on the health and safety of Cupertino citizens as outlined in subsection B4 of this section, and that the action complies with CEQA. The City Council may adopt the staff report as the findings in support of its decision.
      6.   The Public Works Department shall process the appropriate environmental document.
      7.   The Director of Public Works shall submit all reports generated pursuant to these regulations to the City Council.
      8.   The City Council shall by resolution authorize the installation, removal or modification of any diverter. If the proposal is for the installation of a new diverter, then the Director of Public Works shall review the diverter after six months of operation concerning any and report the conclusions of operation concerning any impacts as outlined in subsection C2b of this section and report the conclusions of such review to the City Council.
   D.   Improvements. The Department of Public Works shall consider physical improvements for the designated diverters during each year's budget process. Any such improvements shall be processed in the same manner as any capital improvement in the City, except that the Department of Public Works may accept contributions in cash or in kind to provide for improvements of diverters. First priority shall be given to improving any diverter to enhance public health and safety. Second priority for placement of physical improvements shall be given to diverters in order of their date of installation.
(Ord. 21-2234, Att. A (§ 9, part), 2021; Ord. 1611, § 1, 1992)