BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1669
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 1669 (Wagner)
          As Amended  June 17, 2014
          Majority vote
           
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          |ASSEMBLY:  |74-0 |(April 7, 2014) |SENATE: |36-0 |(August 7,     |
          |           |     |                |        |     |2014)          |
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           Original Committee Reference:    TRANS.  

           SUMMARY  :  Authorizes Orange County, when conducting an  
          engineering and traffic survey within the unincorporated City of  
          Orange Park Acres, to consider equestrian safety.  Specifically,  
           this bill  : 

          1)Authorizes Orange County, when conducting an engineering and  
            traffic survey within the unincorporated City of Orange Park  
            Acres, to consider equestrian safety in addition to the other  
            factors specified in law.  

          2)Makes findings related to the necessity of a special law due  
            to unique circumstances applicable only to the unincorporated  
            City of Orange Park Acres and its equestrian trails.  

           The Senate amendments  clarify that Orange Park Acres is a common  
          interest development and that the engineering traffic survey  
          called for in this bill would be conducted on public streets  
          within the common interest development boundary.  
           
          EXISTING LAW  : 

          1)Requires the California Department of Transportation  
            (Caltrans), after consultation with local agencies and public  
            hearings, to adopt rules and regulations prescribing uniform  
            standards and specifications for all official traffic control  
            devices, including, but not limited to, stop signs, yield  
            right-of-way signs, speed restriction signs, railroad warning  
            approach signs, street name signs, lines and markings on the  
            roadway, and stock crossing signs.  

          2)Requires an engineering and traffic survey to include, among  
            other requirements deemed necessary by Caltrans, consideration  
            of all of the following:  








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             a)   Prevailing speeds as determined by traffic engineering  
               measurements;  

             b)   Accident records; and,

             c)   Highway, traffic, and roadside conditions not readily  
               apparent to the driver.  

          1)Permits local authorities to additionally consider all of the  
            following when conducting an engineering and traffic survey:

             a)   Residential density, if any of the following conditions  
               exist on the particular portion of highway and the property  
               contiguous thereto, other than a business district:

               i)     Upon one side of the highway, within a distance of a  
                 quarter of a mile, the contiguous property fronting  
                 thereon is occupied by 13 or more separate dwelling  
                 houses or business structures; 

               ii)    Upon both sides of the highway, collectively, within  
                 a distance of a quarter of a mile, the contiguous  
                 property fronting thereon is occupied by 16 or more  
                 separate dwelling houses or business structures; or,

               iii)   The portion of highway is longer than one-quarter of  
                 a mile but has the ratio of separate dwelling houses or  
                 business structures to the length of the highway  
                 described in either of the above.  

             b)   Pedestrian and bicyclist safety.  

           FISCAL EFFECT  :  None

           COMMENTS  :  Existing law requires Caltrans, after consultation  
          with local agencies and public hearings, to adopt rules and  
          regulations that prescribe uniform standards and specifications  
          for traffic control devices, including the posting of speed  
          limits.  Caltrans adopts these rules as the California Manual on  
          Uniform Traffic Control Devices (the California MUTCD), which,  
          among other things, prescribes the process for setting speed  
          limits in this state.  

          In California and elsewhere, speed limits are generally set in  








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          accordance with engineering and traffic surveys, which measure  
          prevailing vehicular speeds and establish the limit at or near  
          the 85th percentile (i.e., the speed that 15% of motorists  
          exceed).  California uses the 85th percentile to set speed  
          limits except in cases where the limit is set in state law, such  
          as the 25 miles per hour (MPH) limit in residence districts and  
          school zones, or where an engineering and traffic survey shows  
          that other safety-related factors suggest that a lower speed  
          limit is warranted.  These safety-related factors, as prescribed  
          by law, include accident data; highway, traffic, and roadway  
          conditions not readily apparent to the driver; residential  
          density; and pedestrian and bicyclist safety.  Based on any of  
          these safety-related factors, Caltrans regulations allow a local  
          jurisdiction to reduce a speed limit by 5 MPH from the 85th  
          percentile.  

          In cases where the 85th percentile speed is not an increment of  
          5 MPH, the California MUTCD directs a jurisdiction to round to  
          the nearest 5 MPH increment.  Thus, if the survey shows an 85th  
          percentile speed of 32 MPH, the jurisdiction must set the speed  
          limit at 30 MPH.  The jurisdiction may then lower the speed  
          limit to 25 MPH if it identifies and documents a safety-related  
          factor.  The jurisdiction cannot lower the speed limit by more  
          than 5 MPH, regardless of additional safety factors.  In  
          instances where the jurisdiction should round up to reach the  
          nearest 5 MPH, the MUTCD allows the jurisdiction to instead  
          round down, but then the jurisdiction may not reduce the posted  
          speed limit by 5 MPH based on a safety-related factor.  

          This bill would allow Orange County, when conducting an  
          engineering and traffic study within the community of Orange  
          Park Acres, to consider equestrian safety.  Orange Park Acres is  
          an unincorporated community in Orange County that has an  
          extensive network of equestrian trails. Residents frequently  
          travel through the community by horse, often traversing the same  
          roads as vehicles.  Orange Park Acres would like Orange County  
          to consider the safety of equestrian users in determining speed  
          limits on public roads within the community, but the county is  
          currently limited to considering only the safety-related listed  
          in statute.  

          Prior Legislation:  AB 2402 (Rod Pacheco), Chapter 186, Statutes  
          of 2002, authorized the City of Norco, when conducting an  
          engineering and traffic survey, to consider equestrian safety in  
          addition to other factors required by law.   








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          Analysis Prepared by  :   Anya Lawler / TRANS. / (916) 319-2093 


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