2522 OCT 13 PH 3= 2/
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OAKLAND LtRK
APPROVED AS TO FORM AND LEGALITY
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mmCelso Ortiz (Sep78, 2022 15:11 PDT)
City Attorney’s Office
OAKLAND CITY COUNCIL
ORDINANCE NO. X B 7 Q 8 * C.M.S.
AN ORDINANCE AMENDING OAKLAND MUNICIPAL CODE
CHAPTER 10.20 (SPEED LIMITS) AND ADOPTING APPROPRIATE
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS TO
ESTABLISH 20 MILE PER HOUR (MPH) AND 25 MPH SPEED LIMITS
IN BUSINESS ACTIVITY DISTRICTS AS DEFINED IN ASSEMBLY BILL 43 WHEREAS, in accordance with California Vehicle Code (CVC) sections 22352 and 22358, local authorities shall establish speed limits on local streets based on prevailing traffic speeds—specifically, within 5 mph of the 85th percentile or “critical speed”—as determined by an Engineering & Traffic Survey (E&TS) prescribed in the California Manual on Uniform Traffic Control Devices with limited exceptions given to streets in specific land use settings; and
WHEREAS, the exceptions included de facto speed limits of 25 miles per hour (mph), prevailing speeds notwithstanding, for streets in business and residence districts, adjacent to school grounds and senior facilities, and 15 mph for alleys and at uncontrolled railroad crossings; and
WHEREAS, local officials have pursued legislation in the past to increase their authority over the establishment of local speed limits; and
WHEREAS, Assembly Bill 43 (AB 43), which was signed into law in October 2021 and put into effect in January 2022, expanded speed limit establishment rules to include, among other amendments, additional conditions where surrounding land use and roadside activity may justify a lower speed limit not predicated on E&TS results; and WHEREAS, CVC Section 22358.9, an AB 43 amendment to the Vehicle Code, introduces a new land use designation— Business Activity District—that qualifies for speed limit reduction; and
WHEREAS, within a Business Activity District, speed limits may be established by local authorities at 20 or 25 mph, prevailing speeds notwithstanding, on street segments with four or fewer travel lanes with speed limits on contiguous segments no more than 5 mph higher; and 1 WHEREAS, a Business Activity District is defined as that portion of a street and the property contiguous thereto that includes central or neighborhood downtowns, urban villages, or zoning designations that prioritize commercial land uses at the downtown or neighborhood scale and meets at least three of the following four requirements, inclusive:
a) no less than 50 percent of the contiguous property fronting the highway consists of retail or dining commercial uses, including outdoor dining, that open directly onto sidewalks adjacent to the highway
b) parking spaces located alongside the highway (including parallel, diagonal, or perpendicular spaces)
c) traffic signals or stop signs located at least every 600 feet d) marked crosswalks not controlled by a traffic control device; and WHEREAS, Oakland Department of Transportation (OakDOT) staff analyzed city wide land use and street conditions data and identified street segments, listed in Exhibit A, that meet the Business Activity District definition for speed limit reduction; and WHEREAS, amending the Oakland Municipal Code to identify Business Activity Districts and establish reduced speed limits in those districts are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), 15301(c) (Existing Highways[and Streets, Sidewalks, Gutters, Bicycle and Pedestrian Trails, and Similar Facilities), and/or 15061(b)(3) (No Significant Effect on the Environment); each of the above exemptions provides a separate and independent basis for CEQA compliance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLAND DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 10.20 (Speed Limits) of the Oakland Municipal Code is herein amended, with additions underscored and deletions stricken through.
10.20.015 - Prima facie speed limit of twenty (20) miles per hour:
The prima facie speed limit on the following streets shall be twenty 120) miles per hour:
Street Name From To
23rd Avenue Foothill Boulevard International Boulevard
7th Street Clay Street Harrison Street
8th Street Clay Street Alice Street
9th Street Clay Street Harrison Street
10th Street Webster Street Madison Street
11th Street Broadway Harrison Street
12th Street Broadway Alice Street
13th Street Broadway Alice Street
2 14th Street Broadway Oak Street
17th Street Telegraph Avenue Harrison Street
Telegraph Avenue Harrison Street
33 rd Avenue
19th Street
35 th AvenueEast 12th Street
Antioch Court Mountain Boulevard Antioch Street
Antioch Street Lucas Avenue Mountain Boulevard
27th StreetBroadway Water Street
Champion Street
Clay Street
College Avenue
East 18th Street
MacArthur Boulevard Lincoln Avenue
7th Street San Pablo Avenue
Broadway
4th Avenue
Alcatraz Avenue
Athol Avenue
Rutherford StreetFoothill Boulevard High Street
Foothill Boulevard Congress Avenue
7th Street
Cole Street
22nd StreetFranklin Street
Fruitvale Avenue Coloma Street School Street (S)
Fruitvale Avenue Lynde Street
East 10th Street
Blossom Street
East 15th StreetFruitvale Avenue
East 19th Street East 22nd StreetFruitvale Avenue
Grand Avenue Broadway Perkins Street
Grand Avenue Lake Park Avenue Jean Street
Havenscourt Boulevard Bancroft Avenue Foothill Boulevard Lake Park Avenue Grand Avenue Lakeshore Avenue
Lakeshore Avenue Mandana Boulevard Lake Park Avenue
La Salle Avenue Lucas Avenue Moraga Avenue
Leimert Boulevard Clemens Road Oakmore Road
MacArthur Boulevard Excelsior Avenue Lincoln Avenue
MacArthur Boulevard Midvale Avenue
Moraga Avenue
Colton Boulevard
High Street
Medau Place End
Mountain Boulevard Moraga Avenue
West MacArthur BoulevardPiedmont Avenue Ramona Avenue
South of 16th Street (End)San Pablo Avenue William Street Telegraph Avenue
Valdez Street
Washington Street
Claremont Avenue Broadway
26th Street Grand Avenue
10th Street7th Street
7th StreetWebster Street Webster Street
West Grand Avenue Telegraph AvenueBroadway
3 0.20.020 - Prima facie speed limit of twenty-five (25) miles per hour.
The prima facie speed limit on the following streets shall be twenty-five (25) miles per hour:
Street Name
73rd Avenue
82nd Avenue
104th Avenue
7th Street
From
San Leandro Street
East 14th Street
East 14th Street
Wood Street
To
East 14th Street
MacArthur Boulevard
Link Street
Union Street
40th Street Webster Street Opal Street
14th Avenue4th AvenueEast 12 Street
East 18th Street
Bancroft Avenue
4th AvenueLakeshore Avenue
Avenal Avenue Seminary Avenue
66th Avenue 67th AvenueBancroft Avenue
27th StreetBroadway College Avenue
Contra Costa County LineA point 500 feet northerly of
Gelston Street
Berkeley City Line at Tanglewood A point 1,200 feet northerly Road
57th Avenue
Famum Street East 15th Street Pleasant Street East 19th Street East 19th Street
Claremont Avenue
Claremont Avenue therefrom
68 th AvenueFoothill Boulevard
Fruitvale Avenue
East 15th StreetFruitvale Avenue
East 22nd StreetFruitvale Avenue Blossom Street
Fruitvale Avenue School Street (S)Lynde Street
98th Avenue A point 800 feet northerly of Burgos
Avenue
Lake Park Avenue
Golf Links Road
Grand Avenue Perkins Street
Grass Valley Road Skyline Boulevard
East 12th Street
Golf Links Road
Mandana Boulevard Lake Park
Avenue
Wala Vista Avenue
Harrison Street
Mountain Boulevard
Lakeshore Avenue
Lakeshore Avenue
Lakeside Drive
Lincoln Avenue
Winsor Avenue
14th Street
Champion Street
MacArthur 61st AvenueSeminary AvenueBoulevard
4 MacArthur 73 rd Avenue 77th Avenue
Boulevard
MacArthur 89 th Avenue 90th AvenueBoulevard
MacArthur Talbot Avenue Durant AvenueBoulevard
Mountain Boulevard College of Holy Names
Park Boulevard 4th Avenue
Park Boulevard Glenfield Avenue
Calaveras Avenue
Excelsior Avenue
Wellington Street
32nd Street24th StreetSan Pablo Avenue
Shepherd Canyon Moore Drive Skyline Boulevard
A point 1,700 feet north of Snake
Road
A point 500 feet west of Grass
Valley road
A point 3,700 feet east of Castle
Drive
Claremont Avenue
Road
Shepherd Canyon Snake RoadRoad
Skyline Boulevard Grass Valley Road
Skyline Boulevard
Telegraph Avenue
Grizzly Peak Road
Woolsev Street
(Ord. 11698 § 1, 1994; prior traffic code § 114)
10.20.030 - Prima facie speed limit of thirty (30) miles per hour.
The prima facie speed limit on the following streets shall be thirty (30) miles per hour:
Street Name
19th Avenue
23rd Avenue
23rd Avenue
29th Avenue
35 th Avenue
38th Avenue
42nd Avenue
55 th Avenue
66th Avenue
73 rd Avenue
90th Avenue
98th Avenue
From
Foothill Boulevard
Foothill Boulevard
Ford Street
Ford Street
East 14th Street
East 14th Street
East 14th Street
East 14th Street
Coliseum Way
East 14th Street
East 14th Street
East 14th Street
To
14th Avenue
Ardley Avenue
East 12th Street
East 12th Street
Redwood Road
Brookdale Avenue
Foothill Boulevard
MacArthur Boulevard
East 14th Street
MacArthur Boulevard
MacArthur Boulevard
MacArthur Boulevard
5 98 th Avenue
104th Avenue
105th Avenue
7th Street
7th Street
Nimitz Freeway
East 14th Street
Edes Avenue
Bay Street
Union Street
E Street (south leg)
Link Street
East 14th Street
Grove Street Wood Street
MLK Jr Wav
Grove Street
12th Street
Lake Merritt
12th Street
Grove Street
Harrison Street
Telegraph Avenue
Howe Street Webster Street
Howe Street
Telegraph Avenue
Adeline Street
5th Avenue
East 8th Street
44th Avenue 4th Avenue
26th Avenue
14th Avenue
14th Avenue
23rd Avenue
Berkeley City Line
Berkely City Line
Emery City Line
3rd Street
Mac Arthur Boulevard
TT*4 Avenue Avenal Avenue
66th Avenue
8th Street
11th Street
12th Street
14th Street
14th Street
27th Street
31st Street
40th Street
40th Street
Cypress Street
Madison Street
Oak Street
Oak Street
Peralta Street
San Pablo Avenue
Broadway
Emeryville City Line
Opal Street
Broadway
Telegraph Avenue
Fallon
5th Avenue
Lake Merritt Channel
1st Avenue
1st Avenue
Park Boulevard 4th Avenue
14th Avenue
Berkeley City Line
Emeryville City Line
3rd Street
Middle Harbor Road
23rd Avenue
51st Street
55th Street
East 8th Street
East 10th Street
East 12th Street
East 14th Street
East 15th Street
East 18th Street
East 21st Street
Alcatraz Avenue
Adeline Street
Adeline Street
Adeline Street Overpass
Ardley Avenue
Bancroft Avenue
Bancroft Avenue
High Street
Seminary Avenue
67th Avenue 73rd AvenueBancroft Avenue
Bond Street High Street
MacArthur Boulevard College
Avenue
27*-Street
Belgrave Place
Hermosa Avenue
Bancroft Avenue
Broadway
Broadway
Broadway Terrace
Broadway Terrace
Broadway Terrace
MacArthur Boulevard
Hermosa Avenue
Duncan Way
6 5th Street
Seminary Avenue
Keller Avenue
5th Street
Brush Street
Camden Street
Campus Drive
Castro Street
San Pablo Avenue
Foothill Boulevard
Redwood Road
San Pablo Avenue
A point 1200 feet northerly of the A point 500 feet northerly of Berkeley City Line
Telegraph Avenue
Broadway Terrace
High Street
Foothill Boulevard
Hegenberger Road
Oak Street
Golf Links Road
1st Avenue
Claremont Avenue Gelston Street
Claremont Avenue
Clarewood Drive
Coliseum Way
Coolidge Avenue
Edes Avenue
Embarcadero Road
Fontaine Street
Foothill Boulevard
Berkeley City Line
Harbord Drive
66th Avenue
Mac Arthur Boulevard
98 th Avenue
Kennedy Street
Keller Avenue
23 rd Avenue
Mao Arthur B oulevard
Congress AvenueFoothill Boulevard High Street
57th StreetFoothill Boulevard Cole Street
68th StreetFoothill Boulevard MacArthur Boulevard
Foothill Boulevard
Golf Links Road
Qr-and- Avenue
Grizzly Peak Boulevard
Grove Street
Grove-Shatter Freeway on and
off ramp extension
Harbord Drive
Harrison Street
Havenscourt Boulevard
High Street
Kennedy Street
Lakeshore Avenue
MacArthur Boulevard
MacArthur Boulevard
MacArthur Boulevard
98th Avenue
El Embarcadero
Berkeley City Line
Berkeley City Line
San Leandro City Limit
Cosgrove Avenue
Harrison Street
Skyline Boulevard
San Pablo Avenue
27th Street West Grand Avenue
Clarewood Drive
20th Street
East 14th Street
Foothill Boulevard
Dennison Street
Mandana Boulevard
Fairmount Avenue
Fairmount Avenue
Moraga Avenue
Bayo Vista Avenue
Bancroft Avenue
Tompkins Avenue
23rd Avenue
Winsor Avenue
Orange Street
Sheffield Avenue
San Leandro City Line
Seminary Avenue
73rd Avenue
Talbot Avenue 89th Avenue
Talbot Avenue
MacArthur Boulevard High Street
61st AvenueMacArthur Boulevard
77 th AvenueMacArthur Boulevard
90th AvenueMacArthur Boulevard
7 Mac Arthur Way
Mandana Boulevard
Market Street
Moraga Avenue
Mountain Boulevard
Oakland Street
High Street
Lakeshore Avenue
8th Street
Piedmont City Line
Moraga Avenue
Harrison Street
MacArthur Boulevard
Portal Avenue
Berkeley City Line
Mountain Boulevard
Jacquin Miller Road
Piedmont City Line
Everett Avenue Glenfield
AvenuePark Boulevard Excelsior Avenue
Park Boulevard Wellington Street
7th Street
Broadway
35 th Avenue
Fruitvale Avenue
Emeryville City Line
West Grand-Avenue 32nd Street
24th Street
Everett Avenue
Peralta Street
Pleasant Valley Road
Redwood Road
San Leandro Street
San Pablo Avenue
Emeryville City Line
Piedmont City Line
Mountain Boulevard
Seminary Avenue
Berkeley City Line
Emeryville City Line 35th
Street
West Grand Avenue
San Pablo Avenue
San Pablo Avenue
Seminary Avenue
Skyline Boulevard
Skyline Boulevard
MacArthur Boulevard
Joaquin Miller Road
A point 3,700 feet east of
Castle Drive
City line
98 th Avenue
Berkeley City Line
Telegraph Avenue
Fairmount Avenue
Grove Street
San Leandro Street
Grizzly Peak Road
Joaquin Miller Road
Stanford Avenue
Stanley Avenue
Telegraph Avenue
West Grand Avenue
West MacArthur Boulevard
West Street
San Pablo Avenue
Foothill Boulevard
52nd Street Woolsey Street
Cypress Street
Grove Street
San Pablo Avenue
(Ord. 11698 §§ 2, 3, 1994; prior traffic code § 114.2)
SECTION 2. California Environmental Quality Act. This action is exempt from review under CEQA pursuant to CEQA Guidelines sections 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), 15301(c) (Existing Highways and Streets, Sidewalks, Gutters, Bicycle and Pedestrian Trails, and Similar Facilities), and/or 15061(b)(3) (No Significant Effect on the Environment). The City Administrator or designee is authorized to file a Notice of Exemption with the Alameda County Clerk’s Office and appropriate agencies. 8 SECTION 3. 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 4. 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. The adopted changes in speed limits shall become enforceable when appropriate signs giving notice thereof are erected upon said street or highway.
IN COUNCIL, OAKLAND, CALIFORNIA, p£C 6 2022
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO. KALB, KAPLAN, REID, TAYLOR, THAO
NOES -0
ABSENT-
ABSTENTION
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
Introduction Date
noyoim Date of Attestation:
9 NOTICE AND DIGEST
AN ORDINANCE AMENDING OAKLAND MUNICIPAL CODE
CHAPTER 10.20 (“SPEED LIMITS”) AND ADOPTING APPROPRIATE
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS TO
ESTABLISH 20 MPH AND 25 MPH SPEED LIMITS IN BUSINESS
ACTIVITY DISTRICTS AS DEFINED IN ASSEMBLY BILL 43
2650157v8/ Attorney Initials - updated 12/28/2021