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C I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
8507-307
TO: The Mayor and Common Council
FROM: Frank A_ Schuma, Planning Director
SUBJECT: Appeal of Conditional Use Permit No_ 85-30
DATE:
July 26, 1985
(6417)
COPIES:
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Conditional Use Permit No. 85-30 was continued by the Mayor
and Council from the meeting of July 15, 1985 to allow
Councilman Hernandez an opportunity to review the proposal in
greater depth and to discuss the item with the applicant's
attorney.
SCHUMA
Director
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CI,:r OF SAN BERNARDOO - REQUOT FOR COUNCIL A~ON
STAFF REPORT
Planning Department staff has interpreted San Bernardino
. Municipal ~ode Section 19.56.380 to require paving of the storage
area of a two acre automobile impound yard. Section 19.56.380
reads as follows:
"All areas shall be surfaced or paved with
asphaltic concrete, concrete or other bitulithic
surfacing acceptable to Commission and shall
thereafter be maintained in good condition."
For the provision of San Bernardino Municipal Code Section
19.56.380 to be applicable, the effected area must be a parking
area as defined in the San Bernardino Municipal Code. There is a
substantial question as to whether an impound yard storage area
is a "parking area, private" as defined in Section 19.04.450.
That section reads as follows:
"Private parking area" means an open area,
other than a street used for the parking of
automotive vehicles and restricted from general
public use."
Whether the storage area of an automobile impound yard is a
"private parking area" and therefore automatically subject to the
surface paving requirement of Section 19.56.380 is a matter for
your interpretation. The Mayor and Common Council may make this
determination under provision of San Bernardino Municipal Code
Section 2.64.080. This section provides in pertinent part as
follows:
". . . The Common Council may. . . at the
conclusion of its consideration . . . affirm,
reverse or modify the action appealed from and may
take any action which might have been legally
taken in the first instance by the official or
body from whose action the appeal has been taken .
"
In our opinion, Section 19.56.380 requiring surface pavement is
not expressly required for an impound yard.
aE: LLV l- gn~ S8.
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75-0264