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HomeMy WebLinkAbout31-Public Works CI;.Y OF SAN BERNA.onNO - REQUi~TNFciOcOUNCIL ACTION ~_~ Amendment of Section 12.92.010 ROGER G. HARDGRAVE 1:(:'1"\ -hD~''*' "rrSubject: and Addition of Section 12.92.035 F.~ ~. ~~ to SBMC -- Authorization to Public Works C' \'~" _9. !'.; '} iJ'j Require Street Widening to Match c~\ l\.' ~ Adjoining Sections =rom: )ept: D8t8: 5-07-91 iynopsis of Previous Council action: 03-14-91 05-06-91 Ordinance No. MC-691 adopted amending Chapter 12.92 to require the construction and maintenance of sidewalks and curbs. Ordinance No. MC-737 adopted, adding Section 12.93 to SBMC to provide for City participation in sidwalk/curb repair, and repealing Section 12.92.080. Legislative Review Committee approved submittal of proposed ordinance to Mayor and Council. Item continued to 5-20-91. 12-18-89 07-16-90 Recommended motion: Adopt ordinance. cc: Shauna Edwins Jim Penman Contact penon: Supponing deta ettached: Roqer G. Bardqrave Staff Report & Ordinance Phone: 502" Werd: All FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.1 (Acct. DescriDtionl Finence: Council Notas: 75.0262 Agenda Item NO~ CfTY:OF SAN BERNAQ.INO - REQUEST F~ COUNCIL ACTION STAFF REPORT There are certain locations where the street on each side of a particular parcells) has been widened, which results in a small section of curb and gutter protruding into the street. We have used our charter powers to expand the authority granted under Chapter 27, of the Streets and Highways Code. This expansion allows the City to direct the installation of improvements on all streets, instead of just local streets as authorized by Chapter 27. Also, we can direct the removal of abandoned drive-way approaches and replacement with curb, gutter and sidewalk. The proposed revision would further expand Chapter 27 authority to allow owners to be directed to widen the street in front of their property, when the adjoining sections have been widened. There is a limit of 300 feet of frontage. A prov1s10n is included that states that none of the costs for widening a street will be paved by the City. This provision is based upon the fact that properties ordered to widen would most likely be commercial or industrial. At their meeting of 3-14-91, the Legislative Review Committee approved submittal of this ordinance to the Mayor and Council without a recommendation. A Notice of Exemption from environmental review has been filed pursuant to Section 15301 lc) of the California Environ- mental Quality Act guidelines. 5-07-91 75.0264 o o 1 2 3 4 5 6 7 8 9 ORDINANCE NO. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 12.92.010 AND ADDING SECTION 12.92.035 TO THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE STREET WIDENING TO MATCH ADJOINING WIDENED SECTIONS. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1: Section 12.92.010, of the San Bernardino Municipal Code is amended by adding Paragraph E, to read as follows: "E. This chapter shall apply to the removal of existing 10 curbs and gutters, and construction of new curbs and gutters and 11 fill-in street paving, as required to match adjoining curb 12 alignments, for parcels with a frontage of less than 300 feet." 13 SECTION 2: Section 12.92.035 is hereby added to the San 14 Bernardino Municipal Code to read as follows: 15 "A. For any lot with a total frontage of less than 300 16 feet on a public street where that lot I s existing curbs and 17 gutters do not match adjoining sections, the owner of such lot 18 shall remove the existing curbs and gutters and other appurtenant 19 improvements in conflict and shall construct new curbs and 20 gutters and other appurtenant improvements which are aligned with 21 the adjoining sections. For corner lots, the parcel on the other 22 side of the intersecting street shall be considered as an 23 adjoining section. 24 These improvements will be required only if the existing 25 dedicated right-of-way for street and highway purposes will 26 accommodate the relocation of the curbs and gutters, except for 27 minor amounts required to allow construction of standard handicap 28 ramps at intersections. 5-7-91 < ORD: AMENDINGOSECTION 12.92.010 AND ADDING SECTION 12.92.035 TO SBMC LATING TO STREET WIDENED (JFTIONS. 1 B. When the Director of Public Works/City Engineer finds 2 any such improvements adjoining any lots or portions of lots, 3 that need to be widened to match adjoining sections, the Director 4 of Public Works/City Engineer shall notify the owners of the 5 property to remove the existing improvements and construct new 6 improvements, in conformance with the remainder of the block." 7 the costs for street widening shall 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 IIII 27 I I I I 281111 SECTION 3. None of be paid by the City. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I - 2 - i ORD: AMENDING SECTION 12.92.010 AND ADDING SECTION 12.92.035 TO SBMQELATING TO STREET WIDENEIQECTIONS. . .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 6ollUDon Council of the City of San Bernardino at a meeting thereof, held on the _day of 1991, by the following vote, to-wit: Council Members: AYES NAYS ABSTAIN ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk of The foregoing ordinance is hereby approved this ____day , 1991. w. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman City Attorney ~ - 3 -