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ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF FOSTER CITY REPEALING AND REPLACING CHAPTER 10.24 (REGARDING SPEED LIMITS IN THE CITY OF FOSTER CITY) TO ADD DEFINITIONS, REDUCE PRIMA FACIE SPEED LIMITS AND ESTABLISH 15 MPH
SPEED LIMITS ON CERTAIN STREETS NEAR SCHOOLS, AND OTHER ADMINISTRATIVE CHANGES; AND FINDING ORDINANCE EXEMPT FROM REVIEW
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15061(B)(3)
CITY OF FOSTER CITY
WHEREAS, as set forth in California Vehicle Code, Section 21, the State of California has asserted broad authority over, and a statewide interest in, the entire field of regulating vehicles and traffic. The State has established a set of prima facie speed limits applicable to various classes roadway types, districts and locations (see California Vehicle Code Sections 22348 through 22366); and
WHEREAS, California Vehicle Code sections 22357 and 22358 further allow the City to determine and declare prima facie speed limits, by ordinance, that increase or decrease existing prima facie speed limits, provided that the revised prima facie speed limits are determined based on an engineering and traffic survey; and WHEREAS, on or around July 14, 2025, Hexagon Transportation Consultants, Inc., a traffic engineering consultant, completed an engineering and traffic survey (“ETS”).
The Survey provides background information; analysis results of the street and traffic conditions, and recommendations for decreasing prima facie speed limits for 7 street segments analyzed on streets within the City; and
WHEREAS, the California Vehicle Code (CVC) Section 22358.4 and the California Manual on Uniform Traffic Control Devices (CAMUTCD) Section 7B.15, allows a local authority the flexibility, by ordinance to reduce speed limits to 15mph within 500 feet of school grounds and an extended 25 mph prima facie speed limit within 500 to 1,000 feet from school grounds , after completing an engineering and traffic survey and finding that the speed limit is still more than reasonable or safe.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES ORDAIN AS FOLLOWS:
Section 1. For purposes of the California Environmental Quality Act (Public Resources Code Section 21000, et seq.), a “project” is defined in State CEQA Guidelines Section 15378 (a) as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment”. The City Council hereby finds that the action to adopt this ordinance will not result in any change in the environment and thus is not a project subject to the requirements of CEQA. Further, even if this ordinance was deemed to be a project subject 3 9
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to CEQA, the City Council finds the proposed ordinance is exempt from CEQA under the common sense exemption set forth in Section 15061(b)(3), which provides that CEQA only applies to projects which have the potential for causing a significant effect on the environment, and thus 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.
Section 2. The Council makes the following findings as part of the adoption of this ordinance:
A. In accordance with Section 22358.4, after conducting the ETS, certain streets studied met the following requirements: (1) the street segment is within a residential district; (2) the street segment just beyond the school zone has a posted speed limits of 30mph or less, and (3) the street segment has no more than two traffic lanes, and the City Council is authorized to reduce speed limits on these roads to 15 miles per hour.
B. In accordance with Section 22358.4, the City Council finds that certain streets listed in Foster City 2025 Reduced School Speed Limit Study dated July 14, 2025, and prepared by Hexagon Transportation Consultants, satisfy the above criteria, and the City Council is authorized to reduce speed limits to 15 miles per hour and 25 mph as recommended in the study, attached hereto.
Section 3. Chapter 10.24, “Speed Limits” within Title 10, “Vehicles and Traffic” of the Foster City Municipal Code is hereby repealed and replaced in its entirety to read as follows:
“Chapter 10.24 - SPEED LIMITS”
Sections:
10.24.010 Purpose
10.24.020 Definitions
10.24.030 Increase to thirty-five miles per hour—Streets designated.
10.24.040 Decrease to forty-five miles per hour—Streets designated.
10.24.050 Decrease to thirty-five miles per hour—Streets designated.
10.24.060 Twenty-five miles per hour—Streets designated.
10.24.070 Fifteen miles per hour School Zone– Streets designated.
10.24.080 Twenty-five miles per hour School Zone– Streets designated.
10.24.090 Limits effective when.
10.24.100 Signing.
10.24.010 Purpose.
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A. The State of California has asserted broad authority over, and a statewide interest in, the entire field of regulating vehicles and traffic, as set forth in the California Vehicle Code, Section 21.
B. The State has established a set of prima facie speed limits applicable to various classes of roadway types, districts and locations (see California Vehicle Code Sections 22348 through 22366). In California Vehicle Code Sections 22357 and 22358, the State has expressly authorized the City to establish declared speed limits that differ from the prima facie speed limits set under state law, if, based on engineering and traffic surveys, the declared speed limit would facilitate the orderly movement of vehicles and traffic, and would be reasonable and safe.
C. The intent of this chapter is to implement the City's authority to establish declared speed limits when supported by engineering and traffic surveys and to respond to safety and use of the road by people driving, walking, and bicycling.
10.24.020 Definitions.
A. "Declared speed limit" means the speed limits for individual streets and roadway segments determined and declared by the City Council in accordance with this chapter, as authorized by the California Vehicle Code. The term "declared speed limit" (as used in this chapter) shall include the "declared prima facie speed limit" or "maximum speed limit" (as used in California Vehicle Code Section 22357), or the "prima facie speed limit" (as used in California Vehicle Code Sections 22358, 22358.3 and 22358.4).
B. "Director" means the Public Works Director, or a designee of the Public Works Director or the City Manager
C. "Prima facie speed limits" means the default speed limits for streets and highways established under California State Law, as generally set forth in the California Vehicle Code, particularly Sections 22348, et. seq., unless amended under this chapter.
D. “School zone” means an area of a City street or highway within 500 feet of school grounds in any direction, unless otherwise posted, marked with appropriate signs giving notice of the area.
10.24.030 Increase to thirty-five miles per hour—Streets designated.
Pursuant to the authority contained in Section 22357 of the Vehicle Code of the state and based upon an engineering and traffic survey conducted by the departments of police, public works and community development, it is determined that a speed greater than twenty-five miles per hour would facilitate the orderly movement of vehicular traffic, and the council declares that a prima facie speed limit of thirty-five miles per hour would be reasonable and safe upon the portions of the following city streets:
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A. Foster City Boulevard, from the intersection of East Hillsdale Boulevard to the intersection of Beach Park Boulevard;
B. Edgewater Boulevard, from the intersection of East Hillsdale Boulevard to the intersection of Biscayne Avenue;
C. Shell Boulevard, from the intersection of East Hillsdale Boulevard to the intersection of Beach Park Boulevard.
10.24.040 Decrease to forty-five miles per hour—Streets designated.
Pursuant to the authority contained in Section 22358 of the Vehicle Code of the state and based upon an engineering and traffic survey conducted by the departments of police, public works, and community development, it is determined that the limit of fifty- five miles per hour is more than is reasonable or safe, and the council declares that a prima facie speed limit of forty-five miles per hour would facilitate the orderly movement of vehicular traffic and be reasonable and safe upon the portion of the following streets:
A. Third Avenue, from the westerly city limits to the intersection of Foster City Boulevard;
B. East Hillsdale Boulevard, from the westerly city limits to Shell Boulevard.
10.24.050 Decrease to thirty-five miles per hour—Streets designated.
Pursuant to the authority contained in Section 22358 of the Vehicle Code of the state and based upon an engineering and traffic survey conducted by the departments of police, public works and community development, it is determined that the limit of fifty- five miles per hour is more than is reasonable and safe, and the council declares that a prima facie speed limit of thirty-five miles per hour would facilitate the orderly movement of vehicular traffic and be reasonable and safe upon the portion of the following streets:
A. Foster City Boulevard, from the intersection of Third Avenue to the intersection of East Hillsdale Boulevard;
B. East Hillsdale Boulevard, from Shell Boulevard to Gull Avenue; C. Beach Park Boulevard, from the easterly termination of Gull Avenue at East Hillsdale Boulevard to Edgewater Boulevard;
D. Edgewater Boulevard from the northerly city limits line with San Mateo to East Hillsdale Boulevard.
10.24.060 Twenty-five miles per hour—Streets designated.
Pursuant to the authority contained in Section 22358 of the Vehicle Code of the state and based upon an engineering and traffic survey conducted by the departments of police, public works and community development, it is determined that the limit of fifty- 3 9
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five miles per hour is more than is reasonable or safe, and the council declares that a prima facie speed limit of twenty-five miles per hour would facilitate the orderly movement of vehicular traffic and be reasonable and safe upon the portion of the following street:
A. Shell Boulevard, from the intersection of East Hillsdale Boulevard to the intersection of Bounty Drive.
10.24.070 Fifteen miles per hour School Zone– Streets designated.
Pursuant to the authority contained in Section 22358.4 of California Vehicle Code and based upon an engineering and traffic survey conducted by the Public Works Department, it is determined that the limit of twenty-five miles per hour is more than is reasonable or safe, and the Council declares that a prima facie speed limit of fifteen miles per hour while children are present would facilitate the orderly movement of vehicular traffic and be reasonable and safe upon the portion of the following streets within 500 feet of school grounds:
A. Crane Avenue – Audubon Elementary School
B. Gull Avenue – Audubon Elementary School
C. Swordfish Street – Bowditch Middle School
D. Tarpon Street – Bowditch Middle School
E. Niantic Drive – Brewer Island Elementary School
F. Polynesia Drive – Brewer Island Elementary School
G. Polaris Avenue – Foster City Elementary School
10.24.080 Twenty-five miles per hour School Zone– Streets designated.
Pursuant to the authority contained in Section 22358.4 of California Vehicle Code and based upon an engineering and traffic survey conducted by the Public Works Department, it is determined that the limit of thirty miles per hour is more than is reasonable or safe, and the council declares that a prima facie speed limit of twenty five miles per hour while children are present would facilitate the orderly movement of vehicular traffic and be reasonable and safe upon the portion of the following streets between 500 to 1000 feet of school grounds:
A. Gull Avenue – Audubon Elementary School
B. Polynesia Avenue – Brewer Island Elementary School
10.24.090 Limits effective when.
The prima facie speed limits established in this chapter shall be effective when appropriate signs giving notice thereof are erected upon the portions of the streets so designated.
10.24.100 Signing.
The traffic engineer is directed to cause appropriate signs giving notice of the speed limits established in this chapter to be erected and maintained.” 3 9
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Section 4. Severability. The City Council hereby declares every section, paragraph, sentence, clause and phrase of this ordinance to be severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases.
Section 5. This Ordinance of the City of Foster City shall take effect and be in force 30 days and in accordance with CVC 22358.4. Notwithstanding the foregoing, the ordinance shall not be enforced until appropriate signs giving notice of the speed limit are erected upon the roadway.
Section 6. The City Clerk is hereby directed to publish the ordinance in accordance with applicable law.
This ordinance was introduced and read on the 3rd day of November 2025, and passed and adopted on the 17th day of November 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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STACY JIMENEZ, MAYOR
ATTEST:
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PRISCILLA SCHAUS, CITY CLERK