HomeMy WebLinkAbout31-City Attorney
-
-
-
..
.
COUNCIL ACTION CORRESPONDENCE
To Ralph Prince Subject Amendment to Section 18.40.160
City Attorney of the San Bernardino Municipal
Code - Secondary Access Route
Date November 18, 1986
Meeting Date November 17, 1986 Agenda Item No. 40 (13)
Action
The proposed ordinance of the City of San Bernardino amendin~ Section 18.40.160
Subsection C Paragraph 1 of the San Bernardino Municipal Code to provide provisions
of exemption requirements from the two standard access route requirement for sub-
divisions outside the high fire hazard area; and repealing Section 18.40.160 Sub-
section C Paragraph 2, was continued to December ~, 1986.
SC:dc
cc: Mayor Wilcox ~N/
Councilman Jack Strickler, Chairman ~HAUNA CLARK
Legislative Reveiw Committee City Clerk
Fire Chief
~!
7. ORDINANCE
TATION GROWTH AND
PUBLIC NUISANCE -
time to review the
ment.
....... ......-
AUTHORIZING ABATEMENT OF EXCESSIVE VEGE-
INADEQUATELY MAINTAINED LANDSCAPING AS A
Item continued for 30 days to allow staff
abatement process and means of enforce-
8. ORDINANCE TO PERMIT AUTOMOBILE SALES AGENCIES IN THE
C-l NEIGHBORHOOD COMMERCIAL DISTRICT SUBJECT TO CERTAIN PRO-
VISIONS - Item continued. City Attorney will "clean up"
wording of the ordinance and return to Committee.
9., 10. & 11. - SINGLE FAMILY DWELLINGS IN FOOTHILL
AREAS - Continued to November 20 meeting. Planning staff
will provide scenario on transfer incentives "from-to.
methods used in other locations and selling rights informa-
tion. Staffs (Building & Safety, Planning, Engineering) will
provide a 250 unit project example and identify all associa-
ted costs and fees - what can be waived and what can't.
12. PROPOSED CLEAN INDOOR AIR ORDINANCE - The Committee,
after extensive discussion, recommended issue be forwarded to
Council to set Public Hearing at 3:00 p.m., December 8, 1986.
I
13. ORDINANCE TO RESTATE PROVISIONS OF EXEMPTION FROM
THE TWO STANDARD ACCESS ROUTE REQUIREMENT FOR SUBDIVISIONS
WITHIN AND OUTSIDE THE HIGH FIRE HAZARD AREA - The Committee
recommended approval of the attached ordinance.
Meeting adjourned.
Respectfully submitted,
r;rdd~
~~man Jack Strickler
Chairman
Legislative Review Committee
JS:jv
Attchs.
\ l/l:!; /r;(.
.Le~
11/1.3/1"
II
Ily'-
1
ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
18.40.160 SUBSECTION C PARAGRAPH 1 OF THE SAN BERNARDINO MUNICIPAL
3 CODE TO PROVIDE PROVISIONS OF EXEMPTION REQUIREMENTS FROM THE TWO
STANDARD ACCESS ROUTE REQUIREMENT FOR SUBDIVISIONS OUTSIDE THE
4 HIGH FIRE HAZARD AREA: AND REPEALING SECTION 18.40.160 SUBSECTION
C PARAGRAPH 2.
5
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
6 ORDAIN AS FOLLOWS:
7 SECTION 1. Section 18.40.160 Subsection C Paragraph 1 of the
8 San Bernardino Municipal Code is amended to read:
9 "1. Property outside the high fire hazard area.
10
a. Upon a specific finding that the public health,
11 safety, and welfare in the event of flood, fire or other emergency
12 do not require both of such routes, under the circumstances of
13 that particular application, the Fire Chief may approve any such
14 ap with only one standard access where the property is outside
15 the high fire hazard area, and based on appropriate traffic
16 analysis, secondary access is not required for traffic circulation
17 purposes: or
18
b. An existing street provides only one standard route
19 for ingress and egress, not more than two thousand feet of street
20 extension is required, and the parcel map creates not more than
21 two residential lots, one of which the applicant represents will
22 be occupied as his or her primary place of residence."
23 SECTION 2. Section 18.40.160 Subsection C paragraph 2 of the
24 San Bernardino Municipal Code is hereby repealed.
25 I HEREBY CERTIFY that the foregoing ordinance was duly
26 adopted by the Mayor and Common Council of the City of San
27 Bernardino at a
meeting thereof, held
28 n the
day of
, 1986, by the following
~ ~J1 37
"l., \, If.
\' ..~ .. \
11-17-'1L
1 vote, to wit:
2 AYES: Council Members
3
4
5
6
7
8
9
10
11
12
13
14
15
16 City Attorney
17
18
19
20
21
22
23
24
25
26
27
28
-"
City Clerk
The foregoing ordinance is hereby approved this
, 1986.
NAYS:
ABSENT:
of
Approved as to form:
day
Mayor of the City of San Bernardino
-2-
1
ORDINANCE NO.
2
1. Property
NDING SECTION
TO RESTATE THE
ACCESS ROUTE
IDE THE HIGH FIRE
ORDINANCE OF THE CITY OF SAN BERNARDINO A
18.40.160 OF THE SAN BERNARDINO MUNICIPAL COD
3 PROVISIONS OF EXEMPTION FROM THE TWO STANDA
REQUIREMENT FOR SUBDIVISIONS WITHIN AND OU
4 HAZARD AREA. n_.___-. - ."
5
THE MAYOR AND COMMON COUNCIL OF
6 ORDAIN AS FOLLOWS:
E CITY OF SAN BERNARDINO DO
7
SECTION 1. Section
C of the San
8 Bernardino Municipal Code is am
read:
9 "C.
10
11
the high fire hazard area.
a.
pecific finding that the public health,
12 safety, and welfare in ~he event of flood, fire or other emergency
l
13 do not require both of such routes, under the circumstances of
/
14 that particular ap~lication, the Fire Chief may approve any such
!'
15 map with only one standard access where the property is outside
16 the high fire ~zard area, and based on appropriate traffic
:/
17 analysis, se~ndary access is not required for traffic circulation
I
18 purposes 1 of
j' b.
20 route ~ ingress and egress, not more than two thousand feet of
21 streeVextension is required, and the parcel map creates not more
"
i
22 than/two residential lots, one of whiCh the applicant represents
23 wjY~ be occupied as his or her primary place of residence.
24 I 2. Property within the high fire hazard area.
25
19
An existing street provides only one standard
Where the subject property is located within the high fire
26 hazard area, the Mayor and Common Council, upon recommendation of
27 the Planning Commission, may approve a tentative map, final map,
28 tentative parcel map, or parcel map, with one standard and one non
/0" C)'l" 4?
1 standard access route .where it is found that with respect to the
2 non-standard access route:
3 a. The public health, safety and welfare do not
4 require that the secondary access be a standard route;
5 b. That such route shall be designed and maintained
6 to support the imposed load of fire apparatus and shall have a
7 surface sufficient to provide all-weather driving capabilities;
8 c. That such route is at least two lanes in width
9 to accommodate emergency vehicles. The Fire Chief shall conduct
10 an investigation and make a recommendation to the Planning
11 Commission as to whether any non-standard secondary access shall
12 be paved. The Planning Commission shall make its recommendation
13 based thereon to the Mayor and Common Council which shall make the
14 final determination as to whether the non-standard access route
15 shall be paved;
16 d. A city-approved traffic analysis has been
17 completed which documents that a second standard access is not
18 needed for general traffic circulation.
19
3. General conditions for a non-standard access route
20 outside of or within a high fire hazard area.
21 a. Requirement of dedication and perpetual
22 maintenance. Any non-standard access route shall be over a
23 dedicated right-of-way or irrevocable easement; such route may be
24 over an easement granted to any public entity when such easement
25 permits provision for the perpetual maintenance of the access
26 routes in the manner approved by the City at the time of its
27 approval of the final map, tentative parcel map, or parcel map.
28
b. Improvement of access route upon further
//'J~I'J'0
-2-
1 development. At such time as further development occurs which
2 would provide an access route to a subdivision over a route
3 previously approved by the Mayor and Common Council pursuant to
4 the provisions of this section, that route shall be dedicated and
5 fully improved to a standard width for a street of its type, with
6 curbs, gutters, sidewalks and such other street improvements as
7 may be required under this code or any other ordinacnes or
8 policy."
9 I HEREBY CERTIFY that the foregoing ordinance was duly
10 adopted by the Mayor and Common Council of the City of San
11 Bernardino at a
meeting thereof, held
12 on the
day of
, 1986, by the following
13 vote, to wit:
14
15
AYES:
Council Members
16 NAYS:
17 ABSENT:
18
19
20
21
22
23
24
City Clerk
The foregoing ordinance is hereby approved this
day
of
, 1986.
Mayor of the City of San Bernardino
25
26
Approved as to form:
.......) .: .. ":~J.'" ,
/J /., /. ,'}J.lI;<<-:,tt",_h/
27 {/~'.>v"f4"'.' T. ~ ~-"</
City Attorney
28
jo - c) if I' b
-3-
.
9
10
11
12
']~ .
1 ORDINANCE NO.
)
2 ORDINANCE OF THE CITY OF SAN eRNARDINO AMENDING SECTION
18.40.160 SUBSECTION C OF THE SAN RNARDINO MUNICIPAL CODE TO
3 PROVIDE FOR EXEMPTIONS FROM THE 0 STANDARD ACCESS ROUTE
REQUIREMENT FOR SUBDIVISIONS OU ..J.QE THE HIGH FIRE HAZARD AREA,
4 AND DECLARING THE URGENCY THER F. -..
5 THE MAYOR AND COMMON C NCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
6
fire hazard area. Where the
7 SECTION 1.
18.40.160 Subsection C of the San
8 Bernardino Municipal
is amended to read:
"C. Exemption
requirements.
1. Property
subject property ~ located outside the high fire hazard area,
the Mayor and Comfuon Council, upon the recommendation of the
}'
13 Planning cornrnis~ion, may approve a tentative map, final map,
,.
,
14 tentative parcll map or parcel map, which provides one standard
15 access and non-standard access route where it is found that:
16 The public health, safety and welfare do not
17 require
20
21
22
23
24
25
26
27
28
the secondary access be a standard route;
18 b. A city-approved traffic analysis has been
19 complete documents that a second, standard access is not
requiredrfor general traffic circulation.
2/ Property outside high fire hazard area with one
standard route. Where the sUbject property is located outside
the high fire hazard area, the Mayor and Common Council, upon the
recommendation of the Planning Commission, may approve a
tentative parcel map or parcel map with only a single standard
route of ingress and egress where it is found that:
/o-;to -
,
I-<
..
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
- ......~._--"._._".._---~---
a. The public health, safety and welfare do not
require two separate routes for ingress and egress.
b. The route is not more than two thousand feet in
length; and
c. The tentative parcel map or parcel map create not
more than two single-family residential lots, one of which the
applicant represents will be occupied as his or her primary place
of residence.
SECTION 2. Urqencv. The ordinance is an urgency measure
which shall take effect and become operative upon its adoption
and approval. The facts constituting such urgency are that this
ordinance is necessary to ensure proper design prior to
subdivision approval for the protection of future residents.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Cornmon Council of the City of San
Bernardino at a
meeting thereof, held on
the
day of
, 1986, by the
following vote, to wit:
AYES:
NAYS:
ABSENT:
City Clerk
/ / / /
2
.).,;) ,),
J.-
t' ,...
1
2 of
The foregoing ordinance is hereby approved this
, 1986.
a
4
5
6
7
Approved as to form:
8 City Attorney
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1,<:-" "-,.^ , ,''ll.
t.) ""'- 1.1 ~. ~f .,
day
Mayor of the City of San Bernardino
3
ORDINANCE NO.
1
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
2 18.40.160 SUBSECTION C OF THE SAN BERNARDINO MUNICIPAL CODE TO
PROVIDE FOR EXEMPTIONS FROM THE TWO STANDARD ACCESS ROUTE
3 REQUIREMENT FOR SUBDIVISIONS OU~~DE THE HIGH FIRE HAZARD AREA.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
5
6
SECTION 1. Section 18 40.160 Subsection C of the San
7
Bernardino Municipal Code 15 amended to read:
i
"C. Exemption fro iequirements.
r
!
1. Property outs' .e the high fire hazard area. Where the
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I
subject property is 1 dated outside the high fire hazard area,
the Mayor and Common ~ouncil, upon the recommendation of the
Planning commissiont may approve a tentative map, final map,
I
tentative parcel ~p or parcel map, which provides one standard
/
access and one nqh-standard access route where it is found
I
I
that:
a. The public health, safety and welfare do not
require that the secondary access be a standard route;
l'
b. A city-approved traffic analysis has been
completed Wht'Ch documents that a second, standard access is not
.I
.
required for general traffic circulation.
t
2. property outside high fire hazard area with one
t
standard rpute. Where the subject property is located outside
the high fire hazard area, the Mayor and Common Council, upon
!
the reco~mendation of the Planning Commission, may approve a
tentative parcel map or parcel map with only a single standard
route of ingress and egress where it is found that:
a. The public health, safety and welfare do not
require two separate routes for ingress and egress;
-1-
/0' ;J.'l"
'.
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
~ --
b. The route is not more than two thousand feet in
length; and
c. The tentative parcel map or parcel map creates not
more than two single family residential lots, one of which the
applicant represents will be occupied as his or her primary
place of residence.
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:
The foregoing ordinance is hereby approved this
, 1986.
AYES:
NAYS:
ABSENT:
Council Members
city Clerk
day of
Mayor of the City of San Bernardino
Approved as to form:
city Attorney
/ I}. /)-f'f-.
-2-