HomeMy WebLinkAboutMC-902 1 Ordinance No. MC-902
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
3 SECTIONS 19.30.200(6) AND 19.72.030 OF THE SAN BERNARDINO
MUNICIPAL CODE("DEVELOPMENT CODE")TO INCLUDE PROVISIONS
4 FOR THE EXEMPTION OF NEW SUBDIVISIONS WITH UNIQUE ACCESS
CONSTRAINTS FROM THE REQUIREMENT TO PROVIDE TWO (2)
5 STANDARD ROUTES OF INGRESS AND EGRESS.
6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
7 BERNARDINO DO ORDAIN AS FOLLOWS:
8 SECTION 1. Section 19.30.200(6), ACCESS, is amended to read as
9 follows [see Attachment A, Page 111-89, of the Development Code, attached
10 hereto and incorporated herein by reference]:
11 "6. A tentative tract or parcel map shall provide for at least 2 different
12 standard routes for ingress and egress, except as provided below. A
13 standard route is a road which is dedicated to the City and has a minimum
14 paved width of 24 feet. The different standard routes shall be designed to
15 utilize separate roadways or streets, or a common street that provides
16 access from opposite directions, provided that the access from each
17 direction utilizes an independent street system. The purpose of these
18 routes is to permit accessibility to fire fighting and other public equipment
19 and to permit orderly evacuation in the event of flood, fire or other
20 emergency. Prior to recordation of the final map, adequate security shall
21 be provided to ensure construction of the required improvements before
22 any certificate of occupancy is issued.
23 Exemptions. A tentative tract or parcel map may be exempted from
24 providing 2 different standard routes of ingress and egress and provide
25 only 1 standard route only if all of the following circumstances exist:
26 A. General
27 (1) The Fire Chief, Director of Planning and Building
28 Services, and the City Engineer determine that there is no
(1)
MC-902
1 feasible alternative to providing 2 different standard routes
2 of access for the tentative subdivision map.
3 (2) The determination is made by the City Traffic Engineer
4 that a second standard route is not necessary for circulation
5 purposes (this determination may require the submittal of
6 a traffic study addressing the issue).
7 (3) The Fire Chief specifically finds that the public health,
8 safety, and welfare in the event of flood, fire, or other
9 emergency do not require both such routes, under the
10 circumstances of that particular tentative map, development
11 agreement or specific plan application. The Fire Chief shall
12 provide written documentation of this finding to the
13 Planning Commission and may recommend approval or
14 denial of the request. The Planning Commission shall make
15 its recommendation to the Mayor and Common Council for
16 final decision of the tentative map with only 1 standard
17 access route, based on the determination of the City Traffic
18 Engineer and the findings and recommendation of the Fire
19 Chief.
20 B. Tentative Maps Located within the Foothill Fire Zones
21 Where the subject property is located within a Foothill Fire Zone,
22
as defined in Chapter 19.15, the Planning Commission, upon the
23
recommendation of the Director, the Fire Chief and the City
24
Engineer, may approve a tentative map with 1 standard and 1 non-
25
standard access route. A non-standard access route is a road which
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is not constructed in full conformance with the requirements for a
27
standard route set forth above. In no event may a tentative map be
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=roved within a Foothill Fire Zone unless 2 access routes are
(2)
MC-902
1 provided of which 1 shall be standard. One standard and 1 non-
2 standard access route may be approved where it is found that with
3 respect to the non-standard access route when all of the following
4 conditions are met:
5 (1) The public health, safety and welfare do not require that
6 the secondary access be a standard route;
7 (2) That such route shall be designed and maintained to support
8 the imposed load of fire apparatus and shall have a surface
9 sufficient to provide all-weather driving capabilities;
10 (3) That such route is at least 20 feet in width to accommodate
11 emergency vehicles, in accordance with Article 10 of the
12 Uniform Fire Code;
13 (4) A City-approved traffic analysis has been completed which
14 documents that a second standard access is not needed for
15 general traffic circulation.
16 C. Conditions for 1 Standard Access Route
17 Any tentative tract or parcel map approved with less than 2
18 standard route of access shall be subject to all of the following:
19 (1) All structures shall be provided with interior automatic
20 sprinklers in order to help decrease the spread of fire. The
21 design and installation shall be approved by the City Fire
22 Department.
23 (2) Cul-de-sacs to a maximum of 500 feet may be permitted
24 with a maximum of 30 dwelling units, unless otherwise
25 approved by the Planning Commission upon the
26 recommendation of the Director, Fire Chief and City
27 Engineer, or as otherwise provided in Chapters 19.15 and
28 19.17.
(3)
MC-902
1 (For the purposes of this Development Code, a cul-de-sac
2 is defined as a street or connecting system of streets having
3 only one outlet for vehicular traffic and ending in a
4 turnaround. The length of the cul-de-sac is measured along
5 its centerline from the centerpoint of the turnaround to the
6 intersection of the centerlines of the cul-de-sac and the first
7 street that has at least two outlets to a street system outside
8 of the project boundaries; in situations where no secondary
9 access route is provided, the access route is the cul-de-sac
10 outlet.)
11 (3) The Water Department General Manager shall determine if
12 a looped system or similar mechanism shall be installed at
13 the time of development to ensure adequate water service.
14 (4) Any other recommended requirements the Fire Chief deems
15 necessary to ensure public health, safety, and welfare,
16 including but not limited to structural design, and number
17 and location of fire hydrants.
18 D. Conditions for a Non-Standard Access Route
19 (1) Requirement of dedication and peMetual maintenance. Any
20 non-standard access route shall be over a dedicated right-
21 of-way or irrevocable easement; such route may be over
22 an easement granted to any public entity when such
23 easement includes provisions for the perpetual maintenance
24 of the access routes in the manner approved by the City at
25 the time of its approval of the tentative map.
26 (2) Improvement of access route upon further development. At
27
such time as further development occurs which would
28
provide an access route to a subdivision over anon-
(4)
MC-902
1 standard route previously approved by the Mayor and
2 Common Council pursuant to the provisions of this section,
3 that route shall be dedicated and fully improved to a
4 standard width for a street of its type, with curbs, gutters,
5 sidewalks and such other street improvements as may be
6 required under this code or any other ordinances or policy.
7 (3) Fuel modification. A fire model of the site shall be
8 developed for the purpose of determining the extent of the
9 fuel modification zone, and if the minimum standards for
10 a fuel modification plan as set forth in Section
11 19.15.020(6)(V) are adequate with a non-standard
12 secondary access route.
13 (4) Controlled access. The use of gates, or other forms of
14 controlled access to and from the non-standard access
15 route, shall be subject to approval of the Director, Fire
16 Chief and City Engineer, and shall utilize a design subject
17 to Fire Department approval.
18 E. Procedures for Exemption
19 A Variance application shall be submitted pursuant to Chapter
20 19.72 concurrently with any tentative map, development agreement
21 or specific plan application under which an exemption from the
22 requirement for a second standard access route is proposed."
23 SECTION 2 . Section 19 . 72 . 030 (2 ) & (3 ) ,
24 VARIANCES/APPLICABILITY, is amended to read as follows [See Attachment
25 B, Pages IV-80 and 81, of the Development Code, attached hereto and
26 incorporated herein by reference]:
27
28
(5)
MC-902
1 2. Permit the modification of sign regulations;
2 3. Permit the modification of the number and dimensions of
3 parking area of loading space requirements; and"
4 SECTION 3. Section 19.72.030(4), VARIANCES/APPLICABILITY, is
5 added to read as follows [See Attachment B, Page IV-81, of the Development
6 Code, attached hereto and incorporated herein by reference]:
7 "4. Permit the modification of subdivision access route standards in
8 accordance with Section 19.30.200(6)."
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(6)
MC-902
ORDINANCE...AMENDING SECTIONS 19.30.200(6)(C) AND 19.72.030 OF
1 THE SAN BERNARDINO MUNICIPAL CODE ("DEVELOPMENT CODE"),
TO INCLUDE PROVISIONS FOR THE EXEMPTION OF NEW
2 SUBDIVISIONS WITH UNIQUE ACCESS CONSTRAINTS FROM THE
3 REQUIREMENT TO PROVIDE TWO(2)STANDARD ROUTES OF INGRESS
AND EGRESS.
4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by
5
the Mayor and Common Council of the City of San Bernardino at a
6
7 regular meeting thereof, held on the 18th day of
8 April 1994, by the following vote, to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 NEGRETE X
11 CURLIN x _
12 x
HERNANDEZ _
13
14 OBERHELMAN x
15 DEVLIN x
16 POPE-LUDLAM x _
17 MILLER x
18
19
City Clerk
20Gyl.d<1�,�12f1CQ�, G�
21 The foregoing ordinance is hereby approved this . /�/
22 day of April 1994.
23 \
24 Tom Minor, Mayor
Approved as to City of San Bernardino
25 form and legal content:
26 JAMES F. PENMAN,
27 City Attorney
28 By:
(7)
Attachment A MC-902
SUBDIVISION REGULATIONS - 19.30
19.30.200 ACCESS
All subdivisions shall abut upon or have an approved access to a public street. In addition, the
following standards shall apply:
1. Each lot or unit within the subdivision shall have approved direct access to a public or
private street;
2. Street layout shall be designed to provide for future access to, and not impose undue
hardship upon, property adjoining the subdivision;
3. No new direct driveway access from individual residential lots onto divided major
arterials, major arterials or minor arterials shall be permitted, unless approved by the
Director and City Engineer;
4. In the case of private streets, the subdivider shall provide an appropriate method for
permanent maintenance subject to approval of the City Engineer and the City Attorney;
5. Reserve strips, or non-access at the end of any street or at the exterior boundary of the
subdivision, shall be dedicated unconditionally to the City, when required; and
6. A tentative tract or parcel map shall provide for at least 2 different standard routes for
ingress and egress, except as provided below. A standard route is a road which is
dedicated to the City and has a minimum paved width of 24 feet. The different standard
routes shall be designed to utilize separate roadways or streets, or a common street that
provides access from opposite directions, provided that the access from each direction
utilizes an independent street system. The purpose of these routes is to permit
accessibility to fire fighting and other public equipment and to permit orderly evacuation
in the event of flood, fire or other emergency. Prior to recordation of the final map,
adequate security shall be provided to ensure construction of the required improvements
before any certificate of occupancy is issued.
Exemptions. A tentative tract or parcel map may be exempted from providing 2 different
standard routes of ingress and egress and provide only 1 standard route only if all of the
following circumstances exist:
A. General
(1) The Fire Chief, Director of Planning and Building Services, and the City
Engineer determine that there is no feasible alternative to providing 2
different standard routes of access for the tentative subdivision map.
(2) The determination is made by the City Traffic Engineer that a second
standard route is not necessary for circulation purposes (this determination
may require the submittal of a traffic study addressing the issue).
M-89
Attackunent A MC-902
SUBDIVISION REGULATIONS - 19.30
(3) The Fire Chief specifically finds that the public health, safety, and welfare
in the event of flood, fire, or other emergency do not require both such
routes, under the circumstances of that particular tentative map,
development agreement or specific plan application. The Fire Chief shall
provide written documentation of this finding to the Planning Commission
and may recommend approval or denial of the request. The Planning
Commission shall make its recommendation to the Mayor and Common
Council for final decision of the tentative map with only 1 standard access
route, based on the determination of the City Traffic Engineer and the
findings and recommendation of the Fire Chief.
B. Tentative Maps Located within the Foothill Fine Zones
Where the subject property is located within a Foothill Fire Zone, as defined in
Chapter 19.15, the Planning Commission, upon the recommendation of the
Director, the Fire Chief and the City Engineer, may approve a tentative map with
1 standard and 1 non-standard access route. A non-standard access route is a road
which is not constructed in full conformance with the requirements for a standard
route set forth above. In no event may a tentative map be approved within a
Foothill Fire Zone unless 2 access routes are rovided of which 1 shall be
standard. One standard and 1 non-standard access route may be approved where
it is found that with respect to the non-standard access route when all of the
following conditions are met:
(1) The public health, safety and welfare do not require that the secondary
access be a standard route;
(2) That such route shall be designed and maintained to support the imposed
load of fire apparatus and shall have a surface sufficient to provide all-
weather driving capabilities;
(3) That such route is at least 20 feet in width to accommodate emergency
vehicles, in accordance with Article 10 of the Uniform Fire Code;
(4) A City-approved traffic analysis has been completed which documents that
a second standard access is not needed for general traffic circulation.
i
! C. Conditions for 1 Standard Access Route
Any tentative tract or parcel map approved with less than 2 standard route of
access shall be subject to all of the following:
(1) All structures shall be provided with interior automatic sprinklers in order
to help decrease the spread of fire. The design and installation shall be
approved by the City Fire Department.
1
M-90
Attachment A MC-902
SUBDIVISION REGULATIONS - 19.30
(2) Cul-de-sacs to a maximum of 500 feet may be permitted with a maximum
of 30 dwelling units, unless otherwise approved by the Planning
Commission upon the recommendation of the Director, Fire Chief and
City Engineer, or as otherwise provided in Chapters 19.15 and 19.17.
(For the purposes of this Development Code, a cul-de-sac is defined as a
street or connecting system of streets having only one outlet for vehicular
traffic and ending in a turnaround. The length of the cul-de-sac is
measured along its centerline from the centerpoint of the turnaround to the
intersection of the centerlines of the cul-de-sac and the first street that has
at least two outlets to a street system outside of the project boundaries; in
situations where no secondary access route is provided, the access route
is the cul-de-sac outlet.)
(3) The Water Department General Manager shall determine if a looped
system or similar mechanism shall be installed at the time of development
to ensure adequate water service.
(4) Any other recommended requirements the Fire Chief deems necessary to
ensure public health, safety, and welfare, including but not limited to
structural design, and number and location of fire hydrants.
D. Conditions for a Non-Standard Access Route
(1) Requirement of dedication and lerpetual maintenan ce. Any non-standard
access route shall be over a dedicated right-of-way or irrevocable
easement; such route may be over an easement granted to any public
entity when such easement includes provisions for the perpetual
maintenance of the access routes in the manner approved by the City at
the time of its approval of the tentative map.
(2) Improvement of access route upon further development. At such time as
further development occurs which would provide an access route to a
subdivision over a non-standard route previously approved by the Mayor
and Common Council pursuant to the provisions of this section, that route
shall be dedicated and fully improved to a standard width for a street of
its type, with curbs, gutters, sidewalks and such other street improvements
as may be required under this code or any other ordinances or policy.
(3) Fuel modification. A fire model of the site shall be developed for the
purpose of determining the extent of the fuel modification zone, and if the
minimum standards for a fuel modification plan as set forth in Section
19.15.020(6)(V)are adequate with a non-standard secondary access route.
III-91
Attachment A MC-902
SUBDIVISION REGULATIONS - 19.30
(4) Controlled access. The use of gates, or other forms of controlled access
to and from the non-standard access route, shall be subject to approval of
the Director, Fire Chief and City Engineer, and shall utilize a design
subject to Fire Department approval.
E. Procedures for Exemption
A Variance application shall be submitted pursuant to Chapter 19.72 concurrently
with any tentative map, development agreement or specific plan application under
which an exemption from the requirement for a second standard access route is
proposed-
M-92
Attachment B MC-902
VARIAN - 19.72
CHAPTER 19.72
VARIANCES
19.72.010 PURPOSE
These provisions shall ensure the following:
1. Variances from the terms of this Development Code shall be granted only when,m
because of special circumstances applicable to the property, including size, shape,
topography, location or surrounding, the strict application of this Development Code
deprives such property of privileges enjoyed by other property in the vicinity and under
identical land use districts;
2. Any Variance granted shall be subject to such conditions as well assure that the
adjustment thereby authorized shall not constitute a grant of special privilege(s)
inconsistent with the limitations upon other properties in the vicinity and land use district
in which such property is situated; and
3. The power to grant Variances does not extend to use regulations. Flexibility in use
regulations is provided in the Conditional Use Permit provisions of this Development
Code.
4. Modifications from the permissive requirements of the Design Guidelines are not subject
to a variance.
19.72.020 APPLICATION
Application for a Variance shall be filed in a manner consistent with the requirements contained
in Chapter 19.32 (Applications and Fees).
19.72.030 APPLICABILITY
The Commission may grant a Variance from the requirements of this Development Code
governing only the following matters:
1. Permit the modification of the dimensional standards of the following:
A. Distance between structures D. Lot dimensions
B. Lot area E. Setbacks
C. Lot coverage F. Structure heights
2. Permit the modification of sign regulations;
IV-80
Attachment B MC-902
VARIANCES - 19.72
3. Permit the modification of the number and dimensions of parking area of loading space
requirements; and
4. Permit the modification of subdivision access route standards in accordance with Section
19.30.200(6)
IV-81
C 4
Mass Was,M"atii-1
Proof of Publication RECENFO--611Y CLEF?
'94 MAY -2 P2 :42
CITY OF SAN BERNARDINO
CITY CLERK ' S OFFICE
SUMMARY OF
ORDINANCE
STATE OF CALIFORNIA, ss No. Mc w2
ORDINANCE OF THE City
County of San Bernardino, or san Bemardino amen-
ing Sections 19.30300-
and 19.12.030.2,.3,anu s of
The undersigned hereby certifies as follows: me san BernarD&y Mu-
g y meet l Cotle (DeveM0-
ment Cotle)to Include ord-
I am a citizen of the United States, over the age of twenty-one years, and not a oisnew�ba ie,,.s w rh
party to nor interested in the above-entitled matter; 1 am the principal clerk of the from a access omemoro
printer of a newspaper,to wit, The Sur.; the same was at all times herein mentioned a Pours "o'{o;o0 seam and
newspaper of general circulation printed and published daily,including Sunday,in the A�rM2tlo April le, 194
City of San Bernardino, in the County of San Bernardino, State of California; said Eneeive: Mery 19, 1994
newspaper is So published every day of the year as and under the nameof The Sun,said AYES: Council Members
has been adjudged a newspaper of general circulation by the Superior tle.AY Pe-.�ogiarHerniae-
newspaper .
Court of the State of California, in and for the County of San Bernardino,by a judg. Nce 5n Counc,I Member
ment of said Superior Court duly made, filed and entered on June 20, 1952, in the
ABSENT:imarincil Member
records and files of said Superior Courtin that certain proceeding entitled In the Mat- FULL TEXT OF
THIS ORDINANCE IS
ter of the Ascertainment and Establishment of The Sun as a Newspaper of General ClM1 AVAILABLE IN THE
culation, numbered 73084 in the records of civil proceedings in said Superior Court CITYCLERK F THE
and by judgment modifying the same,also made,filed and entered in said proceeding; I TOM MINOR
the notice or other process or document hereinafter mentioned was set, printed and R Maven
ACHEL CLARK
published in[ not smaller than nonpareil and was receded with words rimed in City Clerk
p type p p P Summary acProved by
:
black face type not smaller than nonpareil describing and impressing in g eneral terms JAMES F. ENMAN '
City Attorney t sl_12)3--
the purport or character of the notice intended to be given; and the
SUMMARY OF ORD.INANC•E,•„•,
MC-902 2 STANDARD ROUTES OF INGRESS AND EGRESS
.......................................... ..............................
of which the annexed is a true printed copy,was published in each edition and Issue Of
said newspaper of general circulation, and not in any supplement thereof,on each of
the following data, to wit.
APRIL 27 , 1994
1 certify under penalty of perjjjuu'ry. that the foregoing is true and correct.
Executed on the . .. . .2 7. . day of .. ..APRIL — 19 ...9.4...,at
San Bernardino, in said County and State. ra.a
amael
a O
SUMMARY OF ORDINANCE NO. MC-902
Ordinance of the City of San Bernardino amending Sections
19. 30.200.6, and 19 .72 . 030.2 , . 3 , and .4 of the San Bernardino
Municipal Code (Development Code) to include provisions for the
exemption of new subdivisions with unique access constraints from
the requirement to provide two (2) standard routes of ingress and
egress.
Adopted: April 18, 1994
Effective: May 19, 1994
Vote: AYES: Council Members Negrete, Curlin, Hernandez,
Pope-Ludlam, Miller.
NAYS: Council Member Devlin.
ABSENT: Council Member Oberhelman.
FULL TEXT OF THIS ORDINANCE IS AVAILABLE
IN THE OFFICE OF THE CITY CLERK
TOM MINOR RACHEL CLARK
Mayor City Clerk
I �
Summary approved by: 1
ffimes F. Penman, City Attorney
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
CITY CLERK'S OFFICE
RECORDS & INFORMATION MANAGEMENT (RIM) PROGRAM
DATE: August 24, 1998
TO: All Clients
FROM: City Clerk's Office
RE: SCANNING DOCUMENT PROBLEM NOTICE
------------------------------------------------------------------------------------------------------------------------------
MLaYOR AND CObtri ION COUNCIL
ORDINANCE MC- 902
NOTICE OF:
Missina Document.
Exhibit/Attachment:
Bad Oualitv Original.
Document.
Map.
Hand Written Original.
Signature Missing,
Ordinance.
V Legal Advertisement - Proof OP Publication - Bad Quality
The referenced Legal Advertisement Proof of Publication is on newsprint paper. The quality of
newsprint paper when scanned is poor and its legibility is impaired. The full text of the Ordinance
Summary as approved by the City Attorney is included for reference, and was published to pursuant
to the San Bernardino Charter.
Ordinance Summary Not Attached.
Legal Advertisement - Proof of Publication - Not Attached
FOR ASSISTANCE: Should you have any questions on this matter, please do not hesitate to contact either the records
management staff, or the Administrative Operations Supervisor (909) 384-5002.
Rachel Clark
City Clerk
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