ORDINANCE NO. _____
Ordinance Of The City Council Of The City Of Emeryville Amending Section 4-
9.39(f) (“Speed Limits”) In Chapter 9 (“Vehicular Traffic And Parking”) Of Title 4 Of The Emeryville Municipal Code. CEQA Determination: Exempt Pursuant To State CEQA Guidelines Section 15061(b)(3)
WHEREAS, engineering and traffic surveys are regularly conducted once every five (5) years by governing municipalities for the purpose of ensuring enforcement of speed limits to ensure such limits set are not speed traps pursuant to Section 40802(a) of the California Vehicle Code (CVC); and
WHEREAS, engineering and traffic surveys supporting speed limits may be extended to every seven (7) years if criteria are met, or every fourteen (14) years if a registered engineer evaluates the section of the highway and determines that no significant changes in roadway or traffic conditions have occurred as specified in Section 40802(c) of the CVC; and
WHEREAS, the CVC Section 22357 authorizes cities to increase speed limits above 25 miles per hour by ordinance to appropriate limits as determined by an engineering and traffic survey; and
WHEREAS, this Ordinance is adopted pursuant to the City’s police powers and afforded under the State Constitution and state law to protect the health, safety, and welfare of the public, and is based upon the Engineering and Traffic Survey dated February 28, 2024, prepared by Iteris, Inc. for the City of Emeryville and Table 4.1 and Table 4.2 dated February 28, 2024, prepared by Iteris, Inc. for the City of Emeryville;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EMERYVILLE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION ONE. AMENDING SECTION 4-9.39(f) IN CHAPTER 9 OF TITLE 4 OF THE
EMERYVILLE MUNICIPAL CODE
Chapter 9 of Title 4 of the Emeryville Municipal Code, entitled “Vehicular Traffic and Parking”, is hereby amended to replace Section 4-9.39(f) with the following language:
4-9.39 Speed Limits.
(f) Speed Limits. When signs are erected giving notice thereof, the prima facie speed limit shall be as set forth in this Section upon the following streets or portions of streets:
Name of Street
Portion of Street Affected
(limits thereof)
Prima Facie
Speed Limit
(mph)
40th Street East Abutment of 40th Street Bridge to
San Pablo Avenue
30 53rd Street Horton Street to San Pablo Avenue 15
DocuSign Envelope ID: 1BFC1472-E0AC-4862-A62E-C36840A1726B Ordinance No. _____
Approving Engineering/Traffic Survey and Designate Speed Limits - 2024 City Council Meeting | June 18, 2024
65th Street La Coste Street to Hollis Street 25
65th Street Hollis Street to Vallejo Street 20
Christie Avenue 65th Street to Powell Street 20
Christie Avenue Powell Street to Shellmound Street 25
Frontage Road Powell Street to Point Emery Lane 25
Hollis Street 67th Street to Powell Street 25
Hollis Street Powell Street to Yerba Buena Avenue 30
Horton Street 62nd Street to 40th Street 15
La Coste Street 65th Street to 64th Street 25
Park Avenue Halleck Street to San Pablo Avenue 20
Powell Street I-80 Frontage Rd to Vallejo Street 30
Powell Street Captain Drive to I-80 Frontage Road 30
Shellmound Street 67th Street to Christie Avenue 25
Shellmound Street Christie Avenue to East Abutment of
40th Street Bridge
30 SECTION TWO. SEVERABILITY
Every section, paragraph, clause, and phrase of this Ordinance is hereby declared to be severable. If for any reason, any section, paragraph, clause, or phrase is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining section, paragraphs, clauses or phrases.
SECTION THREE. CEQA DETERMINATION
This ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) under the “general rule” at Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment.
SECTION FOUR. CODIFICATION
Section One of this Ordinance shall be codified in the Emeryville Municipal Code.
Sections Two, Three, Four, and Five shall NOT be so codified.
SECTION FIVE. EFFECTIVE DATE AND POSTING.
This Ordinance shall take effect 30 days following its final passage. The City Clerk is directed to cause copies of this Ordinance to be posted or published as required by Government Code Section 33693.
DocuSign Envelope ID: 1BFC1472-E0AC-4862-A62E-C36840A1726B Ordinance No. _____
Approving Engineering/Traffic Survey and Designate Speed Limits - 2024 City Council Meeting | June 18, 2024
This Ordinance was INTRODUCED AND FIRST READ by the City Council of the City of Emeryville at a regular meeting held Tuesday, June 18, 2024, and PASSED AND ADOPTED by the City Council of the City of Emeryville at a regular meeting held Tuesday, July 2, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK SPECIAL COUNSEL
ATTACHMENTS
Exhibit A – Speed Survey Recommendations
Exhibit B – City of Emeryville Engineering and Traffic Survey (Dated 2/28/2024) DocuSign Envelope ID: 1BFC1472-E0AC-4862-A62E-C36840A1726B