2650157v6 updated 1/13/21
APPROVED AS TO FORM AND LEGALITY
INTRODUCED BY COUNCILMEMBER __________________________ ___________________________ CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
ORDINANCE NO. ________________C.M.S.
ORDINANCE AMENDING SECTIONS 10.52.060 AND 10.52.120
OF THE OAKLAND MUNICIPAL CODE TO UPDATE TRUCK
PROHIBITED STREETS AND DESIGNATE NEW TRUCK
ROUTES, RESPECTIVELY; AND ADOPTING APPROPRIATE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
FINDINGS.
WHEREAS, the West Oakland Truck Management Plan (TMP) was adopted in 2019 and included 10 strategies to reduce the impact of truck travel on local streets; and
WHEREAS, the TMP included Strategy 3: Update the Network of Truck Routes and Truck Prohibited Streets, which is addressed by this legislation; and
WHEREAS, the West Oakland Community Action Pla, prepared in response to Assembly Bill 617, contains Strategy 39, which includes language to “adds to, or changes, truck routes and prohibited streets;” and
WHEREAS, the City of Oakland (City) and Port of Oakland (Port) vetted the proposed parking regulations updates with the West Oakland stakeholders through a multi -lingual survey, virtual neighborhood group meetings, virtual meetings with industry and trade groups among other community-based stakeholder group meetings; and
NOW, T HEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLAND DOES ORDAIN AS FOLLOWS:
SECTION 1 . Section 10.52.060 of the Oakland Municipal Code (OMC), entitled “Vehicles exceeding four and one-half tons prohibited use on certain streets” is hereby amended as follows (additions are in double underline and deletions are in strikethrough):
When such streets are appropriately sign posted, the use of the hereinafter described portion of the hereinafter named streets by any motor vehicle (other than passenger buses and passenger stages referred to in Section 50 -1/4 of the Public Utilities Act o f the state of California), when the total weight of the vehicle and load exceeds four and one -half tons, except for the purpose of loading and unloading thereon, is prohibited.
The streets, or portions thereof, referred to in the preceding paragraph are as follows:
Street From To
21st Avenue Foothill Boulevard East 27th Street
39th Avenue MacArthur Boulevard Mountain Boulevard
50th Avenue East 12th Street East 14th Street
50th Avenue International Boulevard East 12th Street
51st Avenue San Leandro Street East 14th Street
52nd Avenue San Leandro Street East 14th Street
53rd Avenue East 12th Street East 14th Street
54th Avenue San Leandro Street East 14th Street
73rd Avenue MacArthur Boulevard Hillmont Drive
85th Avenue International Boulevard G Street
92nd Avenue International Boulevard G Street
100th Avenue East 14th Street E Street
102nd Avenue East 14th Street E Street
103rd Avenue East 14th Street E Street
104th Avenue East 14th Street E Street
3rd Street Peralta Street Mandela Parkway
5th Street Peralta Street Mandela Parkway Union Street 8th Street Nelson Mandela Parkway
Market Street Wood Street Pine Street
9th Street Pine Street Willow Street
9th Street Peralta Street Mandela Parkway
10th Street Center Street Mandela Parkway
10th Street Peralta Street Pine Street
11th Street Pine Street Peralta Street
11th Street Center Street Mandela Parkway
12th Street Wood Street Mandela Parkway
13th Street Wood Street Center Street
14th Street Brush Street Union Street
14th Street Union Street Brush Street Mandela Parkway Wood Street 15th Street Willow Street Peralta Street
16th Street Willow Street Peralta Street
18th Street Market Street Mandela Parkway
24th Street Peralta Street Union Street Adeline Street 26th Street Peralta Street Union Street Adeline Street 28th Street Poplar Street Mandela Parkway Adeline Street 28th Street Telegraph Avenue Webster Street
29th Street Broadway Harrison Street
29th Street Telegraph Avenue Broadway
30th Street Peralta Street Adeline Street
30th Street San Pablo Avenue Telegraph Avenue
30th Street Telegraph Avenue Broadway
32nd Street Mandela Parkway Peralta Street
32nd Street Peralta Street Adeline Street
34th Street Telegraph Avenue Webster Street
45th Street Linden Street Market Street
45th Street Market Street Linden Street
53rd Street Emeryville City Limit Lowell Street
53rd Street Market Street Martin Luther King Jr. Way
54th Street Emeryville City Limit San Pablo Avenue
56th Street Telegraph Avenue Shattuck Avenue
57th Street Gaskill Street Lowell Street
57th Street San Pablo Avenue Gaskill Street
57th Street Lowell Street Adeline Street
57th Street Shattuck Avenue Telegraph Avenue
58th Street Telegraph Avenue Shattuck Avenue
60th Street Telegraph Avenue Canning Street
63rd Street Shattuck Avenue Racine Street
63rd Street Vallejo Street San Pablo Avenue
65th Street Berkeley City Limit Shattuck Avenue
East 10th Street 50th Avenue 54th Avenue
East 12th Street 50th Avenue 54th Avenue
Adeline Street 7th Street West Grand Avenue
Aileen Street Shattuck Avenue Telegraph Avenue
Andover Street 34th Street Northerly terminus at MacArthur Freeway
Apricot Street San Leandro City Limits 107th Avenue
Argyle Avenue Dublin Avenue Kearney Avenue
Bond Street 46th Avenue Havenscourt Boulevard
Campbell Street 7th Street 16th Street
Campbell Street Mandela Parkway 28th Street
Carso Street Tompkins Avenue Aliso Avenue
Center Street 3rd Street 12th Street
Center Street 7th Street Peralta Street
Central Avenue Summit Street Webster Street
Chabot Road Claremont Avenue College Avenue
Chase Street Pine Street Willow Street
Chester Street 3rd Street 12th Street
Denslowe Street Caswell Avenue Darien Avenue
Dublin Avenue Mountain Boulevard Argyle Avenue
Durant Avenue International Boulevard MacArthur Boulevard E Street 98th Avenue 105th Avenue
E Street 92nd Avenue 94th Avenue
Edwards Avenue Sunkist Drive Eastbound I-580 Offramp
Elm Street Hawthorne Avenue Northerly terminus at MacArthur Freeway
Empire Road Cairo Road 98th Avenue
Ettie Street 28th Street 34th Street
Fitzgerald Street Peralta Street Haven Street
Goss Street Pine Street Willow Street
Hannah Street Peralta Street 34th Street
Havenscourt Boulevard East 14th Street Bancroft Avenue Hawthorne Street Telegraph Avenue Broadway
Helen Street Peralta Street 34th Street
Henry Street 3rd Street 7th Street
High Street MacArthur Boulevard Tompkins Avenue
Hillmont Drive Sunnymere Avenue 73rd Avenue
Kearney Avenue Mountain Boulevard Argyle Avenue
Lee Street Grand Avenue Van Buren Avenue
Lewis Street 3rd Street Peralta Street
Lincoln Avenue
(Southbound) Monterey Boulevard MacArthur Boulevard
Louise Street Peralta Street 34th Street
Lyndhurst Street 98th Avenue Stoneford Avenue
Maddux Drive Edes Avenue Stoneford Avenue
Manila Avenue MacArthur Boulevard 38th Avenue
McClude Street 29th Street 30th Street
McElroy Street Chase Street 9th Street
Napier Avenue Piedmont Avenue Richmond Boulevard
Oak Grove Avenue College Avenue Forest Street
Peralta Street 3rd Street 16th Street
Peralta Street Mandela Parkway 28th Street
Pine Street Goss Street 10th Street
Poplar Street West Grand Avenue 28th Street Peralta Street Ramona Avenue Piedmont Avenue Moraga Avenue
Salem Street Alcatraz Avenue Northerly terminus of Salem Street
San Leandro Tunnel Moorpark Street Stone Street
Shorey Street Wood Street Pine Street
Summit Street 28th Street Central Avenue
Sunkist Drive Hillmont Drive Edwards Avenue
Sunnymere Avenue Seminary Avenue Edwards Avenue
Tompkins Avenue High Street Carson Street
Union Street West Grand Avenue 28th Street Peralta Street Webster Street 27th Street 34th Street
Willow Street 7th Street 13th Street
Wood Street 7th Street 12th Street
SECTON 2. Section 1 0.52.120 of the OMC, entitled “Local truck routes,” is hereby amended as follows (additions are in double underline and deletions are in strikethrough):
The following truck routes are established for the movement of motor trucks and trucking combinations as defined in Section 10.52.070:
Street From To
23rd Avenue East 12th Street 29th Avenue
29th Avenue 23rd Avenue Alameda City Limits
85th Avenue San Leandro Street G Street
92nd Avenue San Leandro Street G Street
3rd Street Market Street Martin Luther
King Jr. Way Adeline Street
5th Street Broadway Union Street
6th Street Brush Street Adeline Street
7th Street Fallon Street Port of Oakland Union Street 7th Street Wood Street Port of Oakland
8th Street Fallon Street Nelson Mandela Parkway
Castro Street
East 8th Street Fallon Street 14th Avenue
East 12th Street 14th Avenue Fruitvale Avenue
West 14th Street Maritime Street End of Road
Adeline Street 8th Street 7th Street Middle Harbor Road Admiral Toney Way Maritime Street End of Road
Alameda Avenue High Street Fruitvale Avenue
Burma Road Maritime Street West End of Berth 7
Castro Street 7th Street 12th Street
Doolittle Drive County Line Alameda City Limits
Frontage Road 7th Street West Grand Avenue
Fruitvale Avenue Alameda Avenue Alameda City Limits
G Street 85th Avenue 92nd Avenue
Hegenberger Road East 14th Street Doolittle Drive
High Street San Leandro Street Alameda City Limits
MacArthur Freeway Distribution Structure Grand Avenue Macarthur Freeway Edwards Avenue Interchange Warren Freeway (State Route 13 Interchange)
MacArthur Freeway Warren Freeway (State Route
13 Interchange) Edwards Avenue Interchange
Maritime Street 7th Street Middle Harbor
Road West Grand Avenue
Martin Luther King, Jr. Way 8th Street Port of Oakland Middle Harbor Road Adeline Street Naval Supply Depot 7th Street Nelson Mandela Parkway 8th Street West Grand Avenue 7th Street Peralta Street Northgate Avenue West Grand Avenue 27th Street
Peralta Street 12th Street Nelson Mandela
Parkway Emeryville City Limits
San Francisco-Oakland Bay
Bridge and Approach Distribution Structure Oakland-San Francisco Boundary
San Pablo Avenue Berkeley City Limits Emeryville City Limits West Grand Avenue Maritime Street Northgate Avenue
SECTION 3. California Environmental Quality Act (CEQA) . On July 31, 2002, the City certified an Environmental Impact Report (EIR) for the OAB Redevelopment Plan and on the same date the City, acting as the Oakland Base Reuse Authority and Oakland Redevelopment Agency, approved the Final OAB Reuse Plan. Subsequently in 2012, the City Cou ncil in their role as the Oakland Redevelopment Successor Agency adopted an amended OAB Reuse Plan, supported by an Addendum to the 2002 EIR. On July 16, 2013, the City Council adopted a revised Standard Conditions of Approval/Mitigation Monitoring and Re porting Plan ( SCA/MMRP).
Preparation of the TMP was undertaken expressly to comply with and to implement mitigation measure 4.3-7 of the SCA/MMRP which states: “The City and the Port shall continue and shall work together to create a TMP designed to reduce the effects of transport trucks on local streets.” This action of implementing the TMP by updating the West Oakland parking regulations complies with the requirements of MM 4.3 -7. This action implements a previous mitigation measure and, as a result, there is no new information or substantial changes to the previously certified EIR and approved Addendum requiring further analysis pursuant Public Resources Code Section 21166 and CEQA Guidelines Section 15162.
In addition, Staff has also determined that the implementation of the TMP is exempt from CEQA pursuant to CEQA Guidelines Sections 15301 (existing facilities), 15308 (actions by regulatory agencies for protection of the environment), and 15061(b)(3) (common sense exemption). Each of the foregoing pro vides a separate and independent basis for CEQA compliance, and when viewed collectively, provides an overall basis for CEQA compliance.
SECTION 4. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase thereof irrespective of the fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional
SECTION 5. Effective Date. This ordinance shall become effective immediately on final adoption if it receives six or more affirmative votes; otherwise it shall become effective upon the seventh day after final adoption.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES – FIFE, GALLO, KALB, KAPLAN, REID, TAYLOR, THAO AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
Date of Attestation:
NOTICE AND DIGEST
ORDINANCE AMENDING SECTIONS 10.52.060 AND 10.52.120
OF THE OAKLAND MUNICIPAL CODE TO UPDATE TRUCK
PROHIBITED STREETS AND DESIGNATE NEW TRUCK
ROUTES, RESPECTIVELY; AND ADOPTING APPROPRIATE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
FINDINGS.
This ordinance amends section 10.52.060 of the OMC to update truck prohibited streets and amends section 10.52.120 of the OMC to designate local truck routes. New truck prohibited streets are proposed near residential areas in West Oakland. New truck routes are proposed for the new streets at the former Oakland Army Base and for streets that are key connectors between the Port and main highways, to sustain supply chains. The City Council also adopted appropriate CEQA findings related to the ordinance adoption.