HomeMy WebLinkAboutS2- City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman, Subject: Amendments to Chapter 15.16.135
City Attorney regarding High Fire Hazard Areas
Dept: CITY ATTORNEY'S OFFICE
Date: April 30, 1998
Synopsis of Previous Council action:
1. September 2, 1997: Ordinance repealing Chapter 8.60 of the San Bernardino Municipal Code and
amending Section 15.16.270 of the San Bernardino Municipal Code repealing fireworks, etc., was tabled.
2. September 2, 1997: That the matter be referred to the City Administrator's office and the City Attorney's office;
that consideration be given to the boundary of 40th Street, elimination of the high-fire areas and consider the
legality of the imposition of a fee on fireworks manufacturers to offset costs of fire and police services.
3. April 20, 1998: That the matter be referred to the Legislative Review Committee.
Recommended motion:
That said ordinance be laid over for final adoption.
Signature
Contact person: James F. Penman Phone: 5255
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council Notes:
75-0262 Agenda Item No. —2
CITY OF SAN BERNARDINO = REQUEST FOR COUNCIL ACTION
STAFF REPORT
The proposed ordinance changes the boundaries of High Fire Hazard areas within the City
as defined in the San Bernardino Municipal Code. The sale and discharge of all fireworks will be
prohibited within such areas. The new boundary lines will cause the relocation of only one fireworks
stand previously located in the Stater Brothers parking lot located at 977 West Kendall Avenue.
75-0264
I ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
15.16.135 OF THE SAN BERNARDINO MUNICIPAL CODE DEFINING HAZARDOUS
3 FIRE AREA.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
5 ORDAIN AS FOLLOWS:
6 SECTION 1. Section 15.16.135 of the San Bernardino Municipal Code is hereby amended
7 as follows:
8 "15.16.135 Hazardous Fire Area Defined.
9 Section 209-H of the Uniform Fire Code is amended by adding the following
definition:
10
HAZARDOUS FIRE AREA is land which is covered with grass, grain
11 brush or forest, whether privately or publicly owned, which is so situated or is of
such inaccessible location that fire originating upon such land would present an
12 abnormally difficult job of suppression or would result in great and unusual damage
through fire or resulting erosion. Such areas are designated as follows:
13
That area within the City lying north of a line extending Easterly from the
14 West City limits to the East City limits and bounded on the South side by streets and
highways as follows:
15
Barstow Freeway from West City limits to the intersection of Palm
16 Avenue and the Barstow Freeway; Northerly from the Barstow Freeway on
Palm Avenue to Kendall Drive; Easterly on Kendall Drive to 40th Street and
17 transition Easterly from the intersection of Kendall Drive and 40th Street; on
40th Street; and continue Easterly to Mountain Avenue; from the intersection
18 of 40th Street and Mountain Avenue; Southerly on Mountain Avenue to 39th
Street; Easterly on 39th Street to Del Rosa Avenue; Southerly from the
19 intersection of 39th Street to Marshall Boulevard; Easterly from the intersection
of Del Rosa Avenue and Marshall Boulevard on Marshall Boulevard; Marshall
20 Boulevard to Victoria Avenue; Victoria Avenue to Piedmont Drive; Piedmont
Drive East to Diablo Drive; Diablo Drive East to El Toro Street; El Toro Street
21 extending East to Highway 330; Highway 330 South to Highland Avenue;
thence East and South-easterly along the centerline of Highland Avenue to the
22 centerline of Church Street.
23 Inclusive of area beginning at the intersection of Pacific Street and Del
Rosa Avenue; Pacific Street West to Perris Hill Park Road; Perris Hill Park
24 Road North in a line to intersect Highland Avenue; Highland Avenue East to
Del Rosa Avenue; Del Rosa Avenue South to Pacific Street.
25
Inclusive of area beginning at the intersection of Little Mountain Drive
26 and Kendall Drive; Kendall Drive East to 40th Street; 40th Street East to
Electric Avenue; Electric Avenue South to Thompson Place; Thompson Place
27 West to Mayfield Avenue; Mayfield Avenue South to 36th Street; 36th Street
West to "F" Street; "F" Street South to 33rd Street; 33rd Street West to "H"
28 Street; "H" Street South to Marshall Boulevard; Marshall Boulevard West in
sDEBG[FireArea.Ord] 1 April 30, 1998
S- I/q
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I a line to intersect Cajon Boulevard; Cajon Boulevard West to University
Parkway/State Street; University Parkway North to State Street; State Street
2 North to Morgan Road; Morgan Road East to Little Mountain Drive; Little
Mountain Drive North to Kendall Drive.
3
Hazardous Fire Areas can be inclusive of any additional land area, whether
4 publicly or privately owned, which the Fire Chief of the Fire Department determines
to be so situated or so inaccessible that fire upon said land could present an
5 abnormally difficult task of fire suppression. Such additional land areas shall be
designated on a map available to the public and maintained by the Fire Department
6 at the Central Fire Station, 200 East Third Street, San Bernardino. The Fire Chief
shall provide a written description of the boundaries of any additional land area to the
7 City Clerk who shall provide for publication of notice thereof pursuant to the
provisions of California Government Code §6061."
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SDEBG[FireArea.Ord] 2 April 30, 1998
I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
15.16.135 OF THE SAN BERNARDINO MUNICIPAL CODE DEFINING HAZARDOUS
2 FIRE AREA.
3 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a meeting thereof, held on the
5 _day of , 1998, by the following vote, to wit:
6 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
7 ESTRADA
8 LIEN
9 ARIAS
10 SCHNETZ
11 DEVLIN
12 DEAN-ANDERSON
13 MILLER
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16
City Clerk
17 The foregoing Ordinance is hereby approved this_day of , 1998.
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19
JUDITH VALLES, Mayor
20 City of San Bernardino
21
22 Approved as to form
and legal content:
23
JAMES F. PENMAN,
24 City Attorney
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SDEBG rFireArea.Ord] 3 April 30, 1998