Attachment 1
1 Eff.: ORDINANCE NO. ________
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BURBANK AMENDING SECTION 6 -1-1501 OF THE
BURBANK MUNICIPAL CODE RELATING TO PRIMA
FACIE SPEED LIMITS ON CERTAIN SEGMENTS OF SAN
FERNANDO BOULEVARD BETW EEN THE NORTH CITY
LIMITS AND LINCOLN STREET
City Attorney’s Synopsis
This ordinance amends the Burbank Municipal Code section 6-1-1501 to establish prima facie speed limits on San Fernando Boulevard, to: (1) 30 miles per hour (MPH) between the North City Limit (at Claybeck Avenue) and Winona Avenue; (2) 40 MPH between North City Limit (at Cohasset Street) and Hollywood Way; and (3) 35 MPH between Hollywood Way and Lincoln Street. Establishing such speed limits will allow for its enforcement.
THE COUNCIL OF THE CITY OF BURBANK FINDS:
A. Burbank Municipal Code (BMC) section 6-1-1501 contains the City’s prima facie speed limits , which was last updated by Ordinance No. 21 -3,961, which was adopted on August 10, 2021.
B. Ordinance No. 21 -3,961 adopted citywide prima facie speed limits, but excluded certain segments of San F ernando Boulevard between the North City Limits and Lincoln Street (“Segments”) due to concerns about raising the speed limits at such Segments.
C. California Vehicle Code ( CVC) section 22358.8 allows the City , if it finds raising the speed limit “is still more than reasonable or saf e”, to : (1) “restore the immediately prior speed limit if that speed limit was established with an engineering and traffic survey”; if (2) “a registered engineer has evaluated the secti on of highway and determined that no additional general purpose lanes have been added to the roadway since completion of the traffic survey that established the prior speed limit”; and (3) such reduction is “no more than five miles per hour from the curren t speed limit nor below the immediately prior speed limit.”
D. The City Council finds that the previous prima facie speed limits proposed at the July 27, 2021 meeting for these Segments are more than reasonable or safe. The City Council further finds in th e record before it that the prima facie speed limits for the Segments proposed by this ordinance have been established by a previous engineering and traffic survey; that a registered engineer from the City has evaluated the Segments and determined that no additional general purpose lanes have been added to the roadway since completion of the traffic survey that established the prior speed limits; and such 2 speed limits are no more than five miles per hour from the current speed limit nor below the immediately prior speed limit, as established by speed surveys.
E. The City Council exercises its independent judgment and finds the establishment of speed limits pursuant to the California Vehicle Code (“CVC”) is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines (Title 14 of the California Code of Regulations), Sections: 15061(b)(3), because there is no possibility that the establishments of speed limits, as required by the CVC, will have any significant effect on the environment; 15378, because the establishments of speed limits is not an activity that would result in a direct or reasonably foreseeable indirect physical change in the environment ; 15321, because law enforcement activities are exempt from CEQA; and 1 5301, because any signs to be installed will involve replacement of existing signs at such locations. As such, no further environmental review is necessary.
THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:
1. Amendment. BMC Section 6-1-1501 is amended to add the following locations:
Street From To Speed Limit
(mph)
San Fernando
Boulevard (North)
(East of RR)
North City Limit
(at Claybeck Avenue) Winona Avenue 30
San Fernando
Boulevard
(West of RR)
North City Limit
(at Cohasset Street) Hollywood Way 40
San Fernando
Boulevard
(West of RR)
Hollywood Way Lincoln Street 35
2. Authority. The City Manager or their designee is authorized to execute any action necessary to properly codify this amendment into the BMC and establish its enforceability.
3. Warning Citations for Initial 30 Days. In accordance with CVC section 22358.8(c), the City may only issue warning citations for violations of exceeding the speed limit by 10 miles per hour or less for the fi rst 30 days that a lower speed limit is in effect as authorized by this ordinance.
Attachment 1 - Page 2
3 4. Severability. If any provision of this ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications of the ordinance which can be given effect without the invalid provision or application, and to t his end each phrase, section, sentence, or word is declared to be severable.
5. Effective Date. This ordinance is effective at 12:01 a.m. on the 31st day from and after the date of adoption.
6. Publication. The City Clerk will certify to the passage of this ordinance and cause the City Attorney Synopsis of this ordinance to be published once in a newspaper of general circulation within fourteen (14) days of adoption, that is published and circulated in the City of Burbank, California.
PASSED AND ADOPTED this ____ day of ________, 2022.
__________________________
Jess A. Talamantes
Mayor
Attest: Approved as to Form:
Office of the City Attorney
____________________________ By: _______________________ Zizette Mullins, MMC, City Clerk Kane Thuyen
Senior Assistant City Attorney
Attachment 1 - Page 3
4 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Zizette Mullins, MMC, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. ____ was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the ___ day of ___, 2022, by the following vote:
AYES:
NOES:
ABSENT:
I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Burbank, California within 14 days following of the ordinance’s adoption on _________.
____________________________
Zizette Mullins, MMC, City Clerk
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