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CITOOF SAN BERNARDIO - REQUEQr FOR COUNCIL ~
Dept:
Planning
Amendment to S.B.M.C. Section
Subject: 19.04.076 - Automobile Sales
Agency
Mayor and Council Meeting of
May 11, 1987, 2:00 p.m.
From:
David Anderson
Acting Planning Director
Date:
April 24, 1987
Synopsis of Previous Council action:
Previous Planning Commission action:
At the meeting of the Planning Commission on April 21, 1987, the
following recommendation was made:
The proposed amendment to the San Bernardino Municipal Code, Section
19.04.076 - Automobile Sales Agency, to require a Review of Plans
for a used automobile sales lot that has discontinued use for more
than 90 days, was unanimously recommended for approval, with wording
as contained in the memorandum to the Planning Commission dated
April 21, 1987. The Negative Declaration for environmental impact
was also recommended for approval.
Recommended motion:
To approve, modify or reject the findings and the recommendation
of the Planning Commission and to direct the City Attorney to
prepare the necessary amendments to the Municipal Code.
To approve the responses to comments and to adopt the Negative
Declaration for environmental impact which has been reviewed and
considered.
~ ..
- ignature David Anderson
Contact person:
David Anderson
Phone:
383-5057
Supporting data attached: Staff Report
. Ward:
City-wide
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
75-0262
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Agenda Item No. ~.
8TYOF SAN BERIi.\RDINO Q.. MEMORANDUM:>
To
Planning Commission
From
Planning Department
Subject
Ordinance Amendment, .San Bernardino
Municipal Code Section 19.04.076, Auto-
mobil~ ~al~A Aiency
Date
April 21, 1987
Approved ITEM NO; 9
WARD: CITY WIDE
Date
An ordinance amendment' has been Written for the Planning
Commission's consideration. Briefly, this ordinance amendment
will reauire that when an existing used car lot discentinues
its use for.more than ninety days, it will need to be reviewed
bv the Develooment Review Committee to meet present day standards
for the site orior to issuance of any City permits for the use.
At the regularly scheduled meeting of March 19, 1987, the Environ-
mental Review Committee recommended the ado~tionof a negative
declaration for the ordinance amendment.
RECOMMENDATION
Staff recommends aooroval of the ordinance amendment and adoption
of the prooosed negative declaration.
Resoectfully Submitted,
D~~ANDERSON
A~:ng Pl n'
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CII'Y' ON I'H.~~
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OlUlINANCE NO.
OlUlINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 19
OF THE SAN BERNAJU)INO MUNICIPAL CODE TO REQUIRE REV1:EW OF
PLANS WHDE A USED AUTO SALES LOT IS DISCONTl:NUED FOR MORE
THAN NINE'r'l DAYS, AND DEFINING "USED AUTOMOBILE SALES AGENCY"
AND "OISCONTIWANCE OF A USE OR LAPSE."
THE MAYOR AND COMMON COUNCIL OF THE CITY OP SAN
BElUfAJU)INO DO ORDAIN AS POLLOWS:
i
SECTION 1. Section 19.04.076 ot the San Bernardino
Municipal Code is added to read as tollows:
"19.04.076 AutomoDile sales aqency, used.
'Used automoDile sales aqency' means any Dusiness which
derives more than titty percent ot its qross annual,revenue
trom the resale ot used vehicles."
SECTION 2. Section 19.04.186 ot the San Bernardino
Municipal Code is added to read as tollows:
"19.04.186 Discontinuance ot a use or lapse.
'Discontinuance ot a use or lapse' means cessation,
termination, or interruption ot the use, includinq, out not
lilll1ted to, ces_tion ot 1nc0ll8 trom such use. continued
occupation of a builclinq after discontinuance of a use,
includinq :reconstruction or reaodelinq, shall not prevent a..
lap.e. Expiration or termination of a Dusiness license Shall
create a conclusive presumption ot discontinuance."
SECTION 3. Section 19.26.020 Subsection B Part 3 of the
San Bernardino Municipal Code is amended DY addinq paraqraph C
to read as tollows:
"c. Whenever a used automoDile sales aqency is
discontinued or Gandoned tor ninety days or more, it shall De
nec..sary to oDuin a' review ot plans pursuant to Chapter
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necessary to ODtain a revi_ of plans pursuant to Chapter
19.77 to reinstitute the use."
I HEREBY CERTIFY that the foreqoinq ordinance was duly
adopted DY the Kayor and COlUIon Council of the City of San
Bernardino at a
..etinq thereof, held on
, 1987, DY the followinq
the
day of
vote, to wit:
AYES:
Council MemJ:)ers
NAYS:
ABSER'l':
City Clerk
The foreqoinq ord.iDanc:e is here1:)y approved this
, 1987.
day of
Kayor of the City of San Bernardino
Approved _ to fozm:
. - .J:7o
.' ;~ l,?rA. 1 c-t/
City mey
3/6/87
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I" CITY OF SAN BERNARDINO PLANNING DEPARTMENT ",
ENVIRONMENTAL REVIEW COMMITTEE
'" ENVIRONMENTAL IMPACT CHECKLIST
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A. BACKGROUND
1- Case Number (s): OrninsanroiP Am~nnm,:ant" Date:4/1S/87
2. Project Description: To amend the City Ordinance requiring
DRC review on used car lots closed for more than 90 days.
(San Bernardino Municipal Code Section 19.04.076)
3. General Location:
B. ENVIRONMENTAL IMPACTS
YES MAYBE NO
-
1- Could project change proposed uses of land, as indi-
cated on the General Plan, either on project site or
within general area? X
- -
2. Would significant increases in either noise levels,
dust odors, fumes, vibration or radiation be gener-
ated from project area, either during construction
or from completed project other than those result-
ing from normal construction activity? X
- -
3. Will project involve application, use or disposal
of hazardous or toxic materials? X
- -
4. Will any deviation from any established environ-
mental standards (air, water, noise, light, etc.)
andlor adopted plans be requested in connection
with project? X
- -
5. Will the project require the use of significant
amounts of energy which could be reduced by the
use of appropriate mitigation measures? X
- -
6. Could the project create a traffic hazard or
congestion? X
- -
7. Could project result in any substantial change in
quality, quantity, or accessibility of any portion
of region's air or surface and ground water re-
sources? X
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8. Will project involve construction of facilities in
an area which could be flooded during an inter-
mediate regional or localized flood?
9. Will project involve construction of facilities or
services beyond those presently available or pro-
posed in near future?
10. Could the project result in the displacement of
community residents?
11. Are there any natural or man~made features in pro-
ject area unique or rare (i.e. not normally
found in other parts of country or regions)?
12. Are there any known historical or archaelogical
sites in vicinity of project area which could be
affected by project?
13. Could the project affect the use of a recrea-
tional area or area of important aesthetic value
or reduce or restrict access to public lands or
parks?
14. Are there any known rare or endangered plant
species in the project area?
15. Does project area serve as habitat, food source,
nesting place, source of water, migratory path,
etc., for any rare or endangered wildlife or fish
species?
16. Will project be located in immediate area of any
adverse geologic nature such as slide prone areas,
highly erosible soils, earthquake faults, etc.?
17. Could project substantially affect potential use
or conservation of a non-renewable natural
resource?
18. Will any grading or excavation be required in
connection with project which could alter any
existing prominent surface land form, i.e., hill-
side, canyons, drainage courses, etc?
19. Will any effects of the subject project together
or in conjunction with effects of other projects
cause a cumulative significant adverse impact on
the environment?
YES
-
MAYBE
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C. SUMKARY OF PlNDINGS AND CUMULAtIVE EPPECTS
If any of the findings of fact have been answered YES or MAYBE, then a brief
clarification of potential impact shall be included as well as a discussion
of any cumulative effects (attach additional sheets if need~d).
I.
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D. MItIGAtION MEASURES
Describe type and anticipated effect of any measures proposed to mitigate or
eliminate potentially significant adverse environmental impacts:
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E. DETERMINAtION
On the basis of this initial evaluation,
~ We find the proposed project COULD NOT have a significant effect on the
environment and a NEGATIVE DECLARATION will be prepared.
[] We find that although the proposed project could have a significant
effect on the environment, there will not be a significant effect in
this case because the mitigation measures described on an attached sheet
have been added to the project. A NEGAtIVE DECLARAtION WILL BE PREPARED.
[] We find the proposed project MAY have a significant effect on the environ-
ment, and an ENVIRONMENTAL IMPACT REPORT is required.
ENVIRONMEIITAL REVIEW COMMITTEE
CITY OF SAN BERNARDINO, CALIFORNIA
ktlJA,((/ C.if!.H4,
(Secretary) VALERIE C. ROSS, Assistant Planner
DATE: ~"'I"- 67
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