CC Ordinance No. 20-2210 Amending Table 11.24.150 of the Cupertino Municipal Code Relating to Prohibition of Parking Along Certain StreetsORDINANCE NO.20-2210
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING TABLE 11.24.150 OF THE CUPERTINO MUNICIPAL CODE
RELATING TO PROHIBITION OF PARKING ALONG CERTAIN STREETS
The City Council of the City of Cupertino finds that:
1. Whereas, implementation of the elements of the 2016 Cupertino Bicycle Transportation
Plan will encourage bicycling, reduce reliance on the single -occupancy vehicle, and have
a positive impact on sustainability; and
2. Whereas, the McClellan Road Separated Bikeway Project is identified as a priority project
in the 2016 Cupertino Bicycle Transportation Plan; and
3. Whereas, removal of on -street parking is necessary in order to implement the McClellan
Road Separated Bikeway Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
Table 11.24.150 of the Cupertino Municipal Code is hereby amended as follows.
Street
Sides of Street
Portion
McClellan Road
Both
Between Mira Vista Road and De
Anza Boulevard
Pacifica Drive
Both
Between De Anza Boulevard and
Torre Avenue
SECTION 2: Severability and Continq t L
The City Council declares that each section, sub -section, paragraph, sub -paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every
other section, sub -section, paragraph, sub -paragraph, sentence, clause and phrase of
Ordinance No. 20-2210
Page 2
this ordinance. If any section, sub -section, paragraph, sub -paragraph, sentence, clause
or phrase of this ordinance is held invalid, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, the City Council declares that it would have adopted
the remaining provisions of this ordinance irrespective of such portion, and further
declares its express intent that the remaining portions of this ordinance should remain
in effect after the invalid portion has been eliminated. To the extent the provisions of
this Ordinance are substantially the same as previous provisions of the Cupertino
Municipal Code, these provisions shall be construed as continuations of those
provisions and not as an amendment to or readoption of the earlier provisions.
SECTION 3: California Environmental Quality Act.
This Ordinance is not a project under the requirements of the California Environmental
Quality Act of 1970, together with related State CEQA Guidelines (collectively, "CEQA")
because it has no potential for resulting in physical change in the environment. In the
event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA
exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with
certainty to have no possibility that the action approved may have a significant effect on
the environment. CEQA applies only to actions which have the potential for causing a
significant effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA. In this circumstance, the amendments to the City
Code would have no or only a de minimis impact on the environment because the
removal of on street parking to allow for the construction of separated bicycle lanes will
help reduce traffic congestion and lead to reduced vehicle emissions. Additionally, the
Class 1 categorical exemption for the operation, repair, maintenance, or minor alteration
of existing public facilities contained in CEQA Guidelines section 15301 also applies. The
foregoing determination is made by the City Council in its independent judgment.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government
Code section 36937.
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code section 36933, a summary of this Ordinance may be
prepared by the City Clerk and published in lieu of publication of the entire text. The
09/17/2020
17th September