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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
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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
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SECTION 3. None of
be paid by the City.
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i
ORD:
AMENDING SECTION 12.92.010 AND ADDING SECTION 12.92.035
TO SBMQELATING TO STREET WIDENEIQECTIONS. . ..
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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
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