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Ordinance No. MC-902
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTIONS 19.30.200(6) AND 19.72.030 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.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Section 19.30.200(6), ACCESS, is amended to read as
follows [see Attachment A, Page III-89, of the Development Code, attached
hereto and incorporated herein by reference]:
"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.
Exemotions. 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
(1)
Me-902 '
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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
pUfPOses (this determination may require the submittal of
a traffic study addressing the issue).
(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.
Tentative Maps Located within the Foothill Fire 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
(2)
MC-902
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C.
provided. 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.
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.
(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.
(3)
MC-902
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(For the purposes of this Development Code, a cul-de-sac
is defined as a street or connecting system of streets having
onl y 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
(I) Requirement of dedication and perpetual maintenance. 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-
(4)
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MC-902
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.
(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. "
SECTION 2. Section 19.72.030 (2) & (3),
V ARIANCESI APPLICABILITY, is amended to read as follows [See Attachment
B, Pages IV-80 and 81, of the Development Code, attached hereto and
incorporated herein by reference]:
IIII
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(5)
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MC-902
Permit the modification of sign regulations;
Permit the modification of the number and dimensions of
parking area of loading space requirements; and"
SECTION 3. Section 19.72.030(4), VARIANCESIAPPLICABILITY, is
added to read as follows [See Attachment B, Page IV -81, of the Development
Code, attached hereto and incorporated herein by reference]:
"4. Permit the modification of subdivision access route standards in
"
2.
3.
accordance with Section 19.30.200(6)."
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(6)
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MC-902
ORDINANCE...AMENDING SECTIONS 19.30.200(6)(C) AND 19.72.030 OF
THE SAN BERNARDINO MUNICIPAL CODE ("DEVELOPMENT CODE"),
TO INCLUDE PROVISIONS FOR THE EXEMPTION OF NEW
SUBDIVISIONS WITH UNIQUE ACCESS CONSTRAINTS FROM THE
REQillREMENT TO PROVIDE TWO (2) STANDARD ROUTES OF INGRESS
AND EGRESS.
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a
reqular
meeting thereof, held on the 18th
day of
April ,1994, by the following vote, to wit:
Council Members: A YES
NAYS
ABSTAIN ABSENT
City <;lerk 'l^, .J.:~ ~
6+ )d~f!'l.f)a.vrIQ..,;,
The foregoing ordinance is hereby approved thh ' P,t/7;
day of Aoril , 1994.
~/ ") 1/ \
/ J' /-riA.... iLhl....(r'\...
Tom Minor, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By~~U
(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.
ExemDtions. 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).
10-89
Attachment 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 I 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 Fire 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
I standard and I 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 provided. of which I shall be
standard. One standard and I 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:
(I) 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.
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:
(I) 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.
1U-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
(I) Requirement of dedication and peq>etual maintenance. 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 develoDment. 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.
111-91
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
VARIANCES - 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.
B.
C.
Distance between structures
Lot area
Lot coverage
D.
E.
F.
Lot dimensions
Setbacks
Structure heights
2. Permit the modification of sign regulations;
IV-SO
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-Sl