PURPOSE:

The purpose of this report is to update the City Council on the Burbank Municipal Code, regarding state speed limits in certain zones and to propose changes to conform to requirements established by the California Vehicle Code, the State of California Traffic Manual and the Burbank Superior Courts for the purpose of speed enforcement. 

BACKGROUND:

Establishing realistic speed limits on Burbank streets is a responsibility of the City�s Traffic Engineer.  To establish those speed limits, staff follows a procedure which considers (a) the legal requirements outlined in the California Vehicle Code (CVC), Sections 22348 through 22413; (b) speed zoning guidelines contained in the State of California Traffic Manual and (c) input from the Burbank Police Department.

Speed limits occur in two primary categories, maximum speed limits and prima facie speed limits.  In California the maximum speed for any vehicle is 65 or 55 mph depending on certain circumstances.  The maximum speed for most trucks and for vehicles towing any trailer is 55 mph.  All other speed limits are prima facie which �on the face of it� are reasonable and prudent under normal conditions.  Prima facie speed limits occur in two sub-categories, i.e. �blanket or automatic speed limits (such as 15 mph in alleys; 25 mph in residential and business districts, school areas and senior areas) and intermediate prima facie speed limits of between 25 and 65 mph.

State law permits local authorities to establish speed limits by lowering the maximum speed limit (65 mph) or to raising business and residence district speed limits (25 mph) by ordinance on the basis of a supportive Engineering and Traffic Survey.  These intermediate limits between 25 and 65 mph must be posted to define clearly the limits of the zone and the prima facie limits established.

California Vehicle Code Section 40802 (b) provides that prima facie speed limits established under Sections 22352 (b) (1), 22354, 22357, 22358 and 22358.3 may not be enforced by radar unless the speed limit  has been justified by an Engineering and Traffic Survey within the last 7 years.  An Engineering and Traffic Survey is required where enforcement involves the use of radar or other electronic speed measuring devices.  Local streets and roads, as defined in Section 40802(b), primarily abutting residential property, are exempt from this requirement. 

As defined in the California Vehicle Code (CVC), an Engineering and Traffic survey is a survey of highway and traffic conditions in accordance with the methods and procedures outlined in the State of California Traffic Manual.  The survey shall include (but not limited to) a consideration of (a) prevailing speeds as determined by traffic engineering measurements, (b) accident records, (c) highway, traffic, and roadside conditions not readily apparent to the driver.

After the completion of a speed survey, the data are tabulated and the average speed and the 85th percentile speed (critical speed) for each roadway segment are calculated.  The 85th percentile speed is the speed, at which 85% of the drivers in the sample speed were traveling.

Burbank Traffic Engineering Staff carefully analyze each Engineering and Traffic Survey to ensure that all factors mentioned above are considered to determine the recommended speed limit.

Experience has shown that the 85^th percentile speed is the one characteristic of traffic speeds most nearly conforming to a safe and reasonable limit.  Speed limits set higher than this critical speed make very few drivers �legal� for each 5-mph increment of increased speed.  Speed limits set lower than this critical speed make a large number of reasonable drivers �illegal� for each 5-mph increment of decreased speed.  For practical purposes, the 5-mph increment at or immediately below the 85^th percentile is the numerical value properly selected for posting a realistic and enforceable speed limit.  However, for special conditions such as accident records, highway, traffic and roadside conditions not readily apparent to driver, a 5-mph reduction in the speed limit may be justified.

The State of California Traffic Manual offers the following guidance in setting the speed limit on arterial, collector roads and local streets:

�The speed limit should normally be established at the first five mile per hour             increment below the 85^th percentile speed.  However, in matching existing conditions with the traffic safety needs of the community, engineering judgment may indicate the need for a further reduction of 5-mph.  The factors justifying such a further reduction are accident records, roadway design speed, safe stopping sight distance, superelevation, shoulder conditions, intersection spacing and offsets, commercial driveway characteristics, or pedestrian traffic in the roadway without sidewalks.  Whenever such factors are considered to establish the speed limit, they should be documented on the speed zone survey or the accompanying engineering report.  The establishment of a speed limit of more than five miles per hour below the 85^th percentile speed should be done with great care as this may make violators of disproportionate number of the reasonable majority of drivers�.    

ANALYSIS:

Until recently, the speed limits established by these Engineering and Traffic Surveys have adequately justified the City�s posted speed limits.  Therefore citations written by the Burbank Police Department have been upheld by Traffic Commissioners in the Burbank Court System.  Recent case law requires conformance to the guideline of setting speed limits within 5-mph of the 85^th percentile speed and this data must be available to the court. The Burbank Court has ruled many of the City�s current speed limits do not meet these requirements.

In the past year, the court has dismissed numerous citations because many of the existing Engineering and Traffic Surveys are above the allowable 5-mph increment.  Since the Burbank Court is dismissing increasingly high numbers of citations, the ability of the Burbank Police Department to enforce speeding laws is similarly compromised.

The Burbank Municipal Code Sections 29-1501, 29-1502 and 29-1503 currently establishing speed limits in certain zones in the following manner:

Section 29-1501.  Increasing State Speed Limit in Certain Zones

It is hereby determined upon the basis of an engineering and traffic investigation that the speed permitted by State law upon the following streets is less than is necessary for safe operation of vehicles thereon by reason of the designation and sign posting of said streets as through highways and/or by reason of widely spaced intersections and it is hereby declared that the prima facie speed limit be herein set forth on the streets or parts of streets herein designated when signs are erected giving notice thereof:

Name of Street or Portion Affected Speed Limit              Declared Prima Facie Speed Limit

Burbank Boulevard from Victory

    Boulevard to Hollywood Way                                                                   35 mph

Hollywood Way from Olive

    Avenue to Pacific Avenue                                                                        35 mph

Magnolia Boulevard from First

    Street to the westerly City limits                                                              35 mph

Riverside Drive from Catalina

    Street to the westerly City limits                                                              30 mph

Riverside Drive from Keystone Street

    to the southerly City limits                                                                         30 mph

Victory Boulevard from the southerly

    City limits to the westerly City limits                                                        35 mph

Glenoaks Boulevard from southerly

    City limits to Providencia Avenue                                                           35 mph

Glenoaks Boulevard from Fairmount

    Road to the northerly City limits                                                               35 mph

Chandler Boulevard (south roadway)

    from Victory Boulevard to westerly

    City limits, and (north roadway)

    from Mariposa Street to Avon Street                                                      30 mph

Sunset Canyon Drive from Olive

     Avenue to Alameda Avenue                                                                   30 mph

Empire Avenue from Buena Vista

    Street to Hollywood Way                                                                          35 mph

Olive Avenue from First Street

    to the westerly City limits                                                                          35 mph

Alameda Avenue from Glenoaks

    Boulevard to Riverside Drive                                                                   35 mph

Glenoaks Boulevard from Providencia

    Avenue to Fairmount Road                                                                      30 mph

Verdugo Avenue from Victory Boulevard

    to Clybourn Avenue                                                                                   35 mph

Olive Avenue from Fifth Street

    to Sunset Canyon Drive                                                                           35 mph

Main Street from Victory Boulevard

    to Alameda Avenue                                                                                  35 mph

Winona Avenue from San Fernando

    Boulevard to Hollywood Way                                                                   35 mph

Buena Vista Street from San Fernando

    Boulevard to Glenoaks Boulevard                                                          30 mph

San Fernando Boulevard from Verdugo

    Avenue to the southerly City limit                                                             35 mph

[Formerly numbered Section 29‑82; amended by Ord. No. 3203, eff. 10/6/90; 3058, 2827, 2360, 2343.]

Section 29-1502.  Decrease of State Law Maximum Speed

It is hereby determined by the basis of an engineering and traffic investigation that the speed permitted by State law outside of business and residential districts as applicable or safe under the condition found to exist upon such streets and it hereby declared that the prima facie speed limit shall be as herein set forth on the streets herein designated when signs are erected giving notice thereof:

Name of Street or Portion Affected Speed Limit              Declared Prima Facie Speed Limit

Bel Aire Drive from Walnut Avenue

    to Cambridge Drive                                                                                  30 mph

Chandler Boulevard (north roadway

    from Avon Street to Clybourn Avenue)                                                   30 mph

Burbank Boulevard from Whitnall

    Highway to Hollywood Way                                                                      35 mph

Vanowen Street                                                                                            35 mph

Hollywood Way from Pacific Avenue

    to San Fernando Boulevard                                                                     35 mph

Riverside Drive from Keystone

    Street to Catalina Street                                                                          30 mph

San Fernando Boulevard, the east

    roadway thereof from Jackson Street

    to the northerly City limits                                                                         35 mph

Sunset Canyon Drive from Olive

    Avenue to Walnut Avenue                                                                        30 mph

Clybourn Avenue from Sherman Place

    to the northerly City limits                                                                         35 mph

Catalina Street from Warner

    Boulevard to Alameda Avenue                                                                35 mph

Walnut Avenue from Sunset Canyon Drive

    to its easterly terminus                                                                              25 mph

Stough Park Drive from Walnut Avenue

    westerly to its terminus                                                                             25 mph

Front Street from Burbank Boulevard

     to Verdugo Avenue                                                                                  30 mph

Harvard Road from Sunset Canyon Drive

    easterly for a distance of 3200 feet                                                        25 mph

Empire Avenue from a point 1550 feet

    westerly of Hollywood Way to

    Clybourn Avenue                                                                                       35 mph

Front Street from Burbank Boulevard

    southerly for a distance of

    1400 feet                                                                                                    30 mph

Bel Aire Drive from Cambridge Drive

    to Lockheed View Drive                                                                           25 mph

Lockheed View Drive from Walnut

    Avenue to Bel Aire Drive                                                                          25 mph

[Formerly numbered Section 29‑83; amended by Ord. No. 3326, eff. 1/30/93; 3203, 3058, 2493, 2406, 2179.]

Section 29-1503.  Decreasing State Speed Limit between Business or Residential Districts with or without Increasing State Speed Limit within Such Districts

Reference is hereby made to the following described streets or portions of streets, not state highways which contain business or residential districts, separated by distances of not exceeding two thousand (2000) feet in length having a state speed limit of sixty-five (65) miles per hour, and is hereby determined by basis of an engineering and traffic investigation that the speed permitted by state law upon such streets or portions of streets between such districts is greater than is reasonable or safe under the conditions found to exist upon such streets or portions of streets and that the speed permitted by state law upon such streets or portions of streets within such district is less than is necessary for the safe operation of vehicles thereon under the conditions found to exist upon such streets, and it is hereby declared that prima facie speed limit shall be as herein set forth on those streets or portions of streets herein designated where signs are erected giving notice thereof: 

Name of Street or Portion Affected Speed Limit              Declared Prima Facie Speed Limit

Buena Vista Street from San Fernando

    Boulevard to Riverside Drive                                                                   35 mph

San Fernando Boulevard from a point

    300 feet northerly of Grismer Avenue

    to the northerly City limits                                                                         35 mph

Victory Place from San Fernando

    Boulevard to Burbank Boulevard                                                            35 mph

Pass Avenue from Verdugo Avenue

    to Alameda Avenue                                                                                  30 mph

San Fernando Boulevard from Burbank

    Boulevard to a point 300 feet

    northerly of Grismer Avenue                                                                    30 mph

[Formerly numbered Section 29‑84; renumbered by Ord. No. 3058, eff. 2/21/87; 2179.]

The three code sections described above are outdated and difficult to use.  Due to these considerations, staff recommends consolidating and updating BMC Section 29-1501 with the following proposed speed limit changes and deleting BMC Section 29-1502 and 29-1503.  The deleted sections will be incorporated into the updated BMC Section 29-1501.

Establishment of New Speed Limits (Exhibit �B�): 

Staff has determined upon the basis of a Traffic Survey enforceable speed limits for the following street segments:

Proposed Speed Limit Changes (Exhibit �C�):

The following street segments resulted in no increase in speed limit after the Traffic Survey:

The following street segments have an increase of 5 mph above the current posted speed limit after the Traffic Survey (Exhibit �D�):

The following street segments have an increase of 10 mph above the current posted speed limit after the Traffic Survey (Exhibit �E�).

 Lastly, the following street segments will have a 5 mph below the current posted speed limit after the Traffic Survey (Exhibit �F�). 

Staff believes that the proposed revised speed limits as discussed herein are justifiable according to the latest provisions in the California Vehicle Code and are reasonable and realistic based on actual engineering surveys. Speed limits established on the basis of the 85^th percentile reflect the consensus of motorist that drive at a reasonable and prudent speed and are not dependent on the judgment of a few individuals. Speed limits set at or slightly below the 85^th percentile speed provide law enforcement officers with a means of controlling the drivers who will not conform to what the majority considers reasonable and prudent.  

FISCAL IMPACT:

There is minor fiscal impact associated with this project because of new speed limit sign installations. Funds are available in the Public Works Traffic Division annual maintenance and operation budget.

RECOMMENDATION:

It is recommended that the City Council consider updating Section 29-1501 and deleting Sections 29-1502 and 29-1503 of the Burbank Municipal Code, relating to Special Speed Zones, and direct staff to proceed with making the proposed revisions to the Burbank Municipal Code. 

Attachment:

Exhibit �A�: Citywide Proposed Speed Limits

Exhibit �B�: Streets with No Prior Speed Limits

Exhibit �C�: Streets with No Increase In Speed Limits

Exhibit �D�: Streets with 5 mph Increase In Proposed Speed Limits

Exhibit �E�: Streets with 10 mph Increase In Proposed Speed Limits

Exhibit �F�: Streets with 5 mph Decrease In Proposed Speed Limits

go to the top