Loading...
HomeMy WebLinkAboutOrdinance 657 Ordinance Chapter 10-56 SPEED ZONESORDINANCE NO. 657 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, AMENDING SECTION 10.56.010 OF THE MORRO BAY MUNICIPAL CODE TO UPDATE SPEED LIMITS AND ADD NEW SPEED ZONES IN THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, Assembly Bill 43 states that existing law establishes various default speed limits for vehicles upon highways, as specified. Existing law authorizes state and local authorities to adjust these default speed limits, as specified, based upon certain findings determined by an engineering and traffic survey. Existing law defines an engineering and traffic survey and prescribes specified factors that must be included in the survey, including prevailing speeds and road conditions. Existing law authorizes local authorities to consider additional factors, including pedestrian and bicyclist safety; and WHEREAS, Section 10.56.010 of the Morro Bay Municipal Code (MBMC) states that prima facie speed limits shall be determined by the city traffic engineer pursuant to provisions set forth in the California Vehicle Code. A speed limit established pursuant to this section shall be effective when appropriate signs giving notice thereof are erected upon a street; and WHEREAS, the California Vehicle Code (CVC) requires that Engineering & Traffic Surveys (E&TS) be updated every 7-14 years to maintain enforceability of speed limits by the local Police Department; and WHEREAS, the City and its consultants surveyed the eleven speed zones and speed limits currently listed in the MBMC and an additional nine zones to be added; and WHEREAS, roadway volumes and radar speed data were collected in December 2022 and April 2023 at the identified locations and certified by a licensed Traffic Engineer and approved by the City Engineer; and WHEREAS, the current 2008 Speed Survey for the City of Morro Bay adopted by City Council by Ordinance 548 on May 26, 2009, will expire on May 25, 2023; and WHEREAS, the City Council deemed it necessary to adopt Urgency Ordinance No. 656 pursuant to Government Code section 36937(b) to update speed limits and speed zones so that the City of Morro Bay Police Department could legally enforce speed limits after May 25, 2023, in the short term, to the immediate preservation of the public peace, health and safety, up until this Ordinance No. 657 takes effect; and WHEREAS, the City Council deems it necessary to adopt an ordinance to update speed limits and speed zones so that the City of Morro Bay Police Department could legally enforce speed limits after expiration of Urgency Ordinance No. 656; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA FINDS AND ORDAINS AS FOLLOWS: 01181.0001/664359.5 CFN Ordinance No. 657 Page 1 of 4 SECTION 1. RECITALS. The City Council hereby finds that the recitals set forth above are all true and correct and are incorporated herein by this reference. SECTION 2. CODE AMENDMENT. 10.56.010 - Speed limit designation of the MBMC is hereby amended to read as follows (new text in bold, italics and underlined and text to be removed struck through): "l0.56.010 - Speed limit designation. Prima facie speed limits shall be determined by the city traffic engineer pursuant to provisions set forth in the California Vehicle Code. A speed limit established pursuant to this section shall be effective when appropriate signs giving notice thereof are erected upon a street. The following speed limits are so designated: Name of Street or Portion Affected Speed Limit (miles per hour) Main Street: Yerba Buena Street to Atascadero Road State Highway 41 40 35 Main Street: Atascadero Road State Highway 41 to Radcliff 3-5 30 Main Street: Marina Street to Morro Bay State Park 39 25 Quintana Road: Morro Bay Blvd. to La Loma Ave. 35 Quintana Road: La Loma Ave. to Easterly City Limits 40 South Bay Blvd.: State Highway 1 to Southerly ity Limits 40 Avalon Street: Laurel Avenue to Main Street 25 Atascadero Road: State Highway 1 to Embarcadero Road 25 Pine Way: Morro Bay Blvd. to Main Street 25 Embarcadero road: Beach Street to Coleman Drive 39 25 Coleman Drive: Embarcadero Road to Morro Rock 25 Coral Avenue: San Jacinto St to South End 25 Easter Street: SR 1 to West End 25 Kern Avenue: Morro Bay Blvd to Ridgeway St 25 Kings Avenue: Ouintan a Ave to Paci c Ave 25 Ironwood Avenue: Del Mar Park to S. 1 25 Morro Bay Boulevard: Piney Wy to Quintana Rd 25 Pacific Avenue: The Embarcadero to Kines Ave 25 Radcliff Avenue: Main St to East End 25 uintana Road: Main St to Morro Bay Blvd 25 SECTION 3. CONFLICT. If the provisions in this ordinance conflict in whole or in part with any other City regulation or ordinance adopted prior to the effective date of this section, the provisions in this ordinance will control. SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional. 01181.0001/664359.5 CFN Ordinance No. 657 Page 2 of 4 SECTION 5. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after its passage. SECTION 6. CERTIFICATION. The City Clerk shall certify as to the passage and adoption of this ordinance, and the City Clerk shall cause the same to be posted and codified in the manner required by law. INTRODUCED at a regular meeting of the City Council held on the 9th day of May 9, 2023, by motion of Council Member Barton and seconded by Council Member Ford. PASSED AND ADOPTED on the 231 day of May 2023, by the following vote AYES: Wixom, NOES: None ABSENT: None ABSTAIN: None RECUSED: None Barton, Edwards, Ford, Landrum ST: CND vv--� DANA SWANSON, City Clerk APPR ED AS TO FORM: CRMS F. NEUMEYE , City Attorney 01181.0001/664359.5 CFN CARLA WIXOM, Mayor Ordinance No. 657 Page 3 of 4 STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO CITY OF MORRO BAY I, Dana Swanson, City Clerk Of The City Of Morro Bay, do hereby certify that the foregoing Ordinance Number 657 was duly adopted by the City Council of the City of Morro Bay at a regular meeting of said Council on the 231d day of May 2023, and that it was so adopted by the following vote: AYES: Wixom, Barton, Edwards, Ford, Landrum NOES: None ABSENT: None ABSTAIN: None RECUSED: None City Clerk, Dana Swanson 01181.00011664359.5 CFN Ordinance No. 657 Page 4 of 4