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COUNCIL ACTION CORRESPONDENCE
To
Ralph Prince
City Attorney
Subject
Amendment to S.B.M.C. Section
19.04.076 - Automobile Sales
Agency
Date May 12, 1987
Meeting Date May 11, 1987
Agenda Item No. 51
Action
The proposed ordinance of the City of San Bernardino amending Title 19 of the San
Bernardino Municipal Code to require review of plans where a used auto sales lot is
discontinued for more than ninety days, and defining "Used Automobile Sales Agency"
and "Discontinuance of a Use or Lapse", was continued to May 18, 1987, for the City
Attorney and Planning Department to refine the ordinance as far as dates and relation-
ship between the Certificate of Occupancy and Business License.
SC:dc
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City Administrator
Planning Department
SHAUNA CLARK
City Clerk
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 19
OF THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE REVIEW OF
PLANS WHERE.A USED AUTO SALES LOT IS DISCONTINUED FOR MORE
THAN NINETY DAYS, AND DEFINING "USED AUTOMOBILE 'SALES AGENCY"
AND "DISCONTINUANCE OF A USE OR LAPSE."
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Section 19.04.076 of the San Bernardino
Municipal Code is added to read as follows:
"19.04.076 Automobile sales agency, used.
'Used automobile sales agency' means any business which
derives more than fifty percent of its gross annual revenue
from the resale of used vehicles."
SECTION 2. Section 19.04.186 of the San Bernardino
Municipal Code is added to read as follows:
"19.04.186 Discontinuance of a use or lapse.
'Discontinuance of a use or lapse' means cessation,
termination, or interruption of the use, including, but not
limited to, cessation of income from such use. Continued
occupation of a building after discontinuance of a use,
including reconstruction or remodeling, shall not prevent a
lapse. Expiration or termination of a business license shall
create a conclusive presumption of discontinuance."
SECTION 3. Section 19.26.020 Subsection B Part 3 of the
San Bernardino Municipal Code is amended by adding Paragraph C
to read as follows:
"c. Whenever a used automobile sales agency is
discontinued or abandoned for ninety days or more, it shall be
necessary to obtain a review of plans pursuant to Chapter
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1 necessary to obtain a review of plans pursuant to Chapter
2 19.77 to reinstitute the use."
3 I HEREBY CERTIFY that the foregoing ordinance was duly
4 adopted by the Mayor and Common Council of the city of San
5 Bernardino at a
meeting thereof, held on
6 the
day of
, 1987, by the following
7 vote, to wit:
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AYES:
Council Members
10 NAYS:
11 ABSENT:
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city Clerk
The foregoing ordinance is hereby approved this
day of
, 1987.
Mayor of the City of San Bernardino
Approved as to form:
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city torriey
3/6/87
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