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HomeMy WebLinkAbout51-City Attorney Q I o o o CIr"')la".J,l, :)~<9't"ll~_ 0: fJ':,. <>"i'l' M:t,i} f?'r'I.' g:'{f'M'i'1') r,:<'I r':~['i') ".t;ln,,!r'''''','I'\~/''Il.r'~ ~...,." -..\ii~ ..~.. W~ U u~,..\J \~'\t,~9~fUu'\~h~q~)~ ";~;L.h~~.'..'i.;,;,.~Lj\._l'~'.J1~~.~1 To Ralph H. Prince City Attorney Subject Secondary Access Date August 25, 1986 Meeting Date August 18, 1986 Agenda Item No. S-l Action -"-- The prol' sed ordinance requiring secondary access was continued and r.eferred back to the _.c.~!:~.ll.~~~!:}' for review and modification fo:c consideration at the meetJ.ng of Sep.tember 8.!_, l~~.: SC:pn cc: Planning ~\\ II. .d01:l1CL", ..sHAUNA CLARK City Cler k --3-/ , COy OF SAN BERNARCNo - REQlQsT FOR COUNCIL AQION From: Ralph H. Prince Su~ect: Secondary Access Dept: City Attorney Oau: August 29, 1986 Synopsis of Previous Council action: 8/18/86 Council directed the City Attornry to prepare an ordinance requiring secondary access. Recommen<:led motion: Waive further first reading of ordinance and layover for final adoption. ,--, ". ./' ',.' . ......., ~ / \:...... " Signature Contact person: Cyn-t-h;;::fI t':r;::lr-.t::Jo Phone: .;nc;~ Supporting data attached: Vt:lo~ Ward: N/1I . FUNDING REQUIREMENTS: Amount: nnn<> Sou rce: N/1I . Finance: Council Notes: 75-0262 Agenda Item Nc.. Clc>t OF SAN B8RNAR!JQO - REQUOT FOR COUNCIL AeQON STAFF REPORT Re: Amendments of Section 18.40.160 of the Subdivision Ordinance Relating to Secondary Access The requirements relating to secondary access outside the high fire hazard zone have not been changed. Captions have been added to enhance the readability of the ordinance. Subsection 1d requires that the secondary access route be dedicated either to the City or to another public agency; the administrative burden of obtaining permission from another agency is on the subdivider, not the City. ' The language in section 1e "based on appropriate traffic analysis" has been changed to "based on a City approved traffic study". The requirement in subsection 1f has been changed to incorporate the standard for all weather roads from Uniform Fire Code Section 10.207(d). This was done to clarify the definition of all weather, and to make the subdivision ordinance consistent with the Uniform Fire Code. The width requirement in section 19 has been changed to 24 feet at the request of the Engineering Department, with the concurrence of the Fire Department; this makes the requirement consistent with other City development standards. Subsection 2 gives the Mayor and Common Council the authority to determine to what standards a secondary access route must be paved. 75-0264 o o o o t 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 ORDINANCE NO. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 18.40.160 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR TWO MEANS OF INGRESS AND EGRESS. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Section 18.40.160 Subsection C of the San Bernardino Municipal Code is amended to read: "C. Exemption~ outside high fire hazard zone. Upon a specific finding that the public health, safety, and welfare in the event of flood, fire or other emergency do not require both of such routes, under the circumstances of that particular application, the Fire Chief may approve any such map with only one standard access under the following circumstances: 1. The property is outside th~ highfire hazard area~ and 2. Based on appropriate traffic analysis, secondary access is not required for traffic circulation purposes~ or 3. An existing street provides only one standard route for ingress and egress, not nore than two thousand feed of street extension is required, and the parcel map creates not more than two residential lots, one of wich the applicant represents will be occupied as his or her primary place of residence. SECTION 2. Section 18.40.160 Subsection D of the San Bernardino Municipal Code is amended to read: "D. Exemption~ high fire hazard zone. 1. Where property is inside the high fire hazard area, the Fire Chief may approve such map with one standard access and one nonstandard access where he finds that the nonstandard access: 1 ?V~,? .{/3:.6'- 1:".' ,,,....,. .' c o o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 23 24 25 26 27 28 a. is traversible by firefighting and other emergency equipment: b. is adequate to accommodate the orderly evacuation of all residences it is designed to serve: c. is not subject to dangerous flooding: d. that the secondary access route is either , dedicated to the City in conformity with procedures for dedication or dedicated to another public agency which has granted permission to the subdivider and City to use the route for emergency purposes: the subdivider shall obtain said permission from such other public agency. e. that based on a City approved traffic study, secondary access is not required for traffic circulation purposes: f. that the nonstandard access route shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities (Uniform Fire Code Section 10.207(d)). g. that the nonstandard route is at least twenty- four (24) feet wide. 2. Where the Fire Chief has approved a nonstandard secondary access route pursuant to paragraph 2 above, the Mayor and Common Council shall determine whether any such access route must be paved and if so, to what standard. 3. If another development occurs which would take either primary or secondary access over a route approved by the Fire 2 C 1 2 3 - 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 23 24 25 ~, o o o Chief pursuant to paragraph 1 above, then that route shall be dedicated and fully improved with curbs, gutters, sidewalks or any other street improvements required by ordinance or policy.- SECTION 3. Section 18.40.160 Subsection E of the San Bernardino Municipal Code is amended to read: -E. Procedures for exemption. 1. The Fire Chief may prescribe the form and content of applications for an exemption from the development standards for secondary access. As a part of the application process, the Fire Chief may request comments from any City, County or State agencies which he deems appropriate. 2. The Fire Chief may mail notice of the application for exemption to all persons including businesses, corporations, or other public or private entities shown on the latest equalized assessment roll as owning real property within five hundred feet of the subject property. Interested parties may submit written comments to the Fire Chief by a date to be specified in the notice.- SECTION 4. Section 18.40.160 Subsection F of the San Bernardino Municipal Code is hereby added to read: -F. Appeal. 1. The decision of the Fire Chief may be appealed to the Fire Commission. An application for appeal, stating the grounds upon which it is based, shall be submitted to the City Clerk within ten days of the date of the Fire Chief's decision. 2. The decision of the Fire Commission shall be final 27 unless an appeal is taken to the Common Council in accordance 28 with the provisions of Chapter 2.64.- 3 o o o o I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1986, by the following vote, to wit: AYES: 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 NAYS: ABSENT: City Clerk The foregoing ordinance is hereby approved this , 1986. of day Approved as to form: Mayor of the City of San Bernardino ,,- ,. .;"/" City Attorney " 4