1 APPROVED AS TO FORM AND LEGALITY
INTRODUCED BY COUNCILMEMBER
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
ORDINANCE NO. 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
2 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 citywide 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 (20) 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
3 14th Street Broadway Oak Street
17th Street Telegraph Avenue Harrison Street
19th Street Telegraph Avenue Harrison Street
East 12th Street 33rd Avenue 35th Avenue
Antioch Court
Mountain Boulevard
Antioch Street
Antioch Street Lucas Avenue Mountain Boulevard
Broadway 27th Street Water Street
Champion Street
MacArthur Boulevard Lincoln Avenue
Clay Street 7th Street San Pablo Avenue
College Avenue
Alcatraz Avenue Broadway
East 18th Street Athol Avenue 4th Avenue
Foothill Boulevard Rutherford Street
High Street
Foothill Boulevard Congress Avenue Cole Street
Franklin Street 7th Street 22nd Street
Fruitvale Avenue
Coloma Street
School Street (S)
Fruitvale Avenue Lynde Street Blossom Street
Fruitvale Avenue East 10th Street East 15th Street
Fruitvale Avenue
East 19th Street
East 22nd Street
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 High Street
Medau Place Moraga Avenue End
Mountain Boulevard Colton Boulevard Moraga Avenue
Piedmont Avenue Ramona Avenue West MacArthur Boulevard
San Pablo Avenue William Street South of 16th Street (End) Telegraph Avenue Claremont Avenue
Broadway
Valdez Street 26th Street Grand Avenue
Washington Street
7th Street 10th Street
Webster Street
7th Street
Webster Street
West Grand Avenue
Broadway Telegraph Avenue
4 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 From To
73rd Avenue San Leandro Street East 14th Street
82nd Avenue East 14th Street MacArthur Boulevard
104th Avenue East 14th Street Link Street
7th Street Wood Street Union Street
40th Street Webster Street Opal Street
East 12 Street 4th Avenue 14th Avenue
East 18th Street
Lakeshore Avenue
4th Avenue
Bancroft Avenue Avenal Avenue Seminary Avenue
Bancroft Avenue 66th Avenue 67th Avenue
Broadway
27th Street
College Avenue
Claremont Avenue
A point 500 feet northerly of
Gelston Street Contra Costa County Line
Claremont Avenue Berkeley City Line at Tanglewood
Road
A point 1,200 feet northerly
therefrom
Foothill Boulevard 57th Avenue 68th Avenue
Fruitvale Avenue
Farnum Street East 15th Street
Pleasant Street East 19th Street
Fruitvale Avenue
East 15th Street
East 19th Street
Fruitvale Avenue
East 22nd Street
Blossom Street
Fruitvale Avenue
Lynde Street School Street (S)
Golf Links Road 98th Avenue A point 800 feet northerly of Burgos Avenue
Grand Avenue Perkins Street Lake Park Avenue
Grass Valley Road Skyline Boulevard Golf Links Road
Lakeshore Avenue East 12th Street Mandana Boulevard Lake Park Avenue
Lakeshore Avenue Winsor Avenue Wala Vista Avenue
Lakeside Drive 14th Street Harrison Street
Lincoln Avenue Champion Street Mountain Boulevard
MacArthur
Boulevard Seminary Avenue 61st Avenue
5 MacArthur
Boulevard 73rd Avenue 77th Avenue
MacArthur
Boulevard 89th Avenue 90th Avenue
MacArthur
Boulevard Talbot Avenue Durant Avenue
Mountain Boulevard College of Holy Names Calaveras Avenue Park Boulevard 4th Avenue Excelsior Avenue
Park Boulevard Glenfield Avenue Wellington Street
San Pablo Avenue 24th Street 32nd Street
Shepherd Canyon
Road
Moore Drive
Skyline Boulevard
Shepherd Canyon
Road Snake Road A point 1,700 feet north of Snake
Road
Skyline Boulevard Grass Valley Road A point 500 feet west of Grass Valley road
Skyline Boulevard Grizzly Peak Road A point 3,700 feet east of Castle Drive
Telegraph Avenue Woolsey Street Claremont Avenue
(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 From To
19th Avenue Foothill Boulevard 14th Avenue
23rd Avenue Foothill Boulevard Ardley Avenue
23rd Avenue Ford Street East 12th Street
29th Avenue Ford Street East 12th Street
35th Avenue East 14th Street Redwood Road
38th Avenue East 14th Street Brookdale Avenue
42nd Avenue East 14th Street Foothill Boulevard
55th Avenue East 14th Street MacArthur Boulevard
66th Avenue Coliseum Way East 14th Street
73rd Avenue East 14th Street MacArthur Boulevard
90th Avenue East 14th Street MacArthur Boulevard
98th Avenue East 14th Street MacArthur Boulevard
6 98th Avenue Nimitz Freeway E Street (south leg)
104th Avenue East 14th Street Link Street
105th Avenue Edes Avenue East 14th Street
7th Street Bay Street Grove Street Wood Street
7th Street Union Street MLK Jr Way
8th Street Cypress Street Grove Street
11th Street Madison Street 12th Street
12th Street Oak Street Lake Merritt
14th Street Oak Street 12th Street
14th Street Peralta Street Grove Street
27th Street San Pablo Avenue Harrison Street
31st Street Broadway Telegraph Avenue
40th Street Emeryville City Line Howe Street Webster Street 40th Street Opal Street Howe Street
51st Street Broadway Telegraph Avenue
55th Street Telegraph Avenue Adeline Street
East 8th Street Fallon 5th Avenue
East 10th Street 5th Avenue East 8th Street
East 12th Street Lake Merritt Channel 14th Avenue 4th Avenue East 14th Street 1st Avenue 26th Avenue
East 15th Street 1st Avenue 14th Avenue
East 18th Street Park Boulevard 4th Avenue 14th Avenue
East 21st Street 14th Avenue 23rd Avenue
Alcatraz Avenue Berkeley City Line Berkeley City Line
Adeline Street Emeryville City Line Berkely City Line
Adeline Street 3rd Street Emery City Line
Adeline Street Overpass Middle Harbor Road 3rd Street
Ardley Avenue 23rd Avenue MacArthur Boulevard
Bancroft Avenue High Street 73rd Avenue Avenal Avenue
Bancroft Avenue Seminary Avenue 66th Avenue
Bancroft Avenue 67th Avenue
73rd Avenue
Bond Street
High Street
Bancroft Avenue
Broadway MacArthur Boulevard College
Avenue Broadway Terrace
Broadway 27th Street MacArthur Boulevard
Broadway Terrace Belgrave Place Hermosa Avenue
Broadway Terrace Hermosa Avenue Duncan Way
7 Brush Street 5th Street San Pablo Avenue
Camden Street Seminary Avenue Foothill Boulevard
Campus Drive Keller Avenue Redwood Road
Castro Street 5th Street San Pablo Avenue
Claremont Avenue A point 1200 feet northerly of the
Berkeley City Line
A point 500 feet northerly of
Gelston Street
Claremont Avenue Telegraph Avenue Berkeley City Line
Clarewood Drive Broadway Terrace Harbord Drive
Coliseum Way High Street 66th Avenue
Coolidge Avenue Foothill Boulevard MacArthur Boulevard
Edes Avenue Hegenberger Road 98th Avenue
Embarcadero Road Oak Street Kennedy Street
Fontaine Street Golf Links Road Keller Avenue
Foothill Boulevard 1st Avenue 23rd Avenue
Foothill Boulevard High Street MacArthur Boulevard
Congress Avenue
Foothill Boulevard Cole Street 57th Street
Foothill Boulevard 68th Street
MacArthur Boulevard
Foothill Boulevard
San Leandro City Limit MacArthur Boulevard
Golf Links Road Cosgrove Avenue 98th Avenue
Grand Avenue Harrison Street El Embarcadero
Grizzly Peak Boulevard Skyline Boulevard Berkeley City Line Grove Street San Pablo Avenue Berkeley City Line
Grove-Shafter Freeway on and
off ramp extension 27th Street West Grand Avenue
Harbord Drive Clarewood Drive Moraga Avenue
Harrison Street 20th Street Bayo Vista Avenue
Havenscourt Boulevard East 14th Street Bancroft Avenue
High Street Foothill Boulevard Tompkins Avenue
Kennedy Street Dennison Street 23rd Avenue
Lakeshore Avenue Mandana Boulevard Winsor Avenue
MacArthur Boulevard Fairmount Avenue Orange Street
MacArthur Boulevard Fairmount Avenue Sheffield Avenue
MacArthur Boulevard High Street San Leandro City Line
Seminary Avenue
MacArthur Boulevard 61st Avenue 73rd Avenue
MacArthur Boulevard
77th Avenue
Talbot Avenue 89th Avenue
MacArthur Boulevard
90th Avenue
Talbot Avenue
8 MacArthur Way High Street MacArthur Boulevard
Mandana Boulevard Lakeshore Avenue Portal Avenue
Market Street 8th Street Berkeley City Line
Moraga Avenue Piedmont City Line Mountain Boulevard
Mountain Boulevard Moraga Avenue Jacquin Miller Road
Oakland Street Harrison Street Piedmont City Line
Park Boulevard Excelsior Avenue Everett Avenue Glenfield Avenue
Park Boulevard Wellington Street Everett Avenue
Peralta Street 7th Street Emeryville City Line
Pleasant Valley Road Broadway Piedmont City Line
Redwood Road 35th Avenue Mountain Boulevard
San Leandro Street Fruitvale Avenue Seminary Avenue
San Pablo Avenue Emeryville City Line Berkeley City Line San Pablo Avenue West Grand Avenue 32nd Street Emeryville City Line 35th Street
San Pablo Avenue 24th Street West Grand Avenue
Seminary Avenue
San Leandro Street MacArthur Boulevard
Skyline Boulevard Grizzly Peak Road Joaquin Miller Road Skyline Boulevard Joaquin Miller Road A point 3,700 feet east of Castle Drive
Stanford Avenue San Pablo Avenue City line
Stanley Avenue Foothill Boulevard 98th Avenue
Telegraph Avenue 52nd Street Woolsey Street Berkeley City Line West Grand Avenue Cypress Street Telegraph Avenue
West MacArthur Boulevard Grove Street Fairmount Avenue
West Street San Pablo Avenue Grove Street
(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. 9 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 th at 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,
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
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 BUSINE SS
ACTIVITY DISTRICTS AS DEFINED IN ASSEMBLY BILL 43
2650157v8/ Attorney Initials - updated 12/28/2021