318 ORDINANCE NO. 318
AN ORDINANCE- OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, FINDING THAT THIS ORDINANCE IS
EXEMPT FROM REVIEW PURSUANT TO CALIFORNIA
ENVIRONMENTAL QUALITY ACT GUIDELINE SECTION 15061(b)(3)
AND TO REPEAL CHAPTER 10.24 (PARKING OF MOTOR VEHICLES
FOR SALE) OF TITLE 10 (VEHICLES AND TRAFFIC.) AND TO AMEND
SECTION 10.04.330 (PARKING FOR SALES OR REPAIR) OF CHAPTER
10.04 (VEHICLE REGULATIONS GENERALLY) -OF THE GRAND
TERRACE MUNICIPAL CODE RELATING TO THE PARKING OF
VEHICLES FOR SALE
WHEREAS, the City Council of the City of Grand Terrace has the authority to
adopt ordinances to promote the general welfare under Article XI, Section 7 of the
California Constitution; and
WHEREAS, the City. also has the authority under Vehicle Code Section
22507(a) to prohibit the stopping, parking and standing of vehicles on certain streets
and portions thereof during all or certain hours of the day; and
WHEREAS, under the case of Friedman v. City of Beverly Hills, 47 Cal. App.
4th 436, 443 (Cal. App. 2d Dist. July 16, 1996), the City has the authority to impose
parking regulations within its jurisdiction; and
WHEREAS, the parking of vehicles for sale on public streets for an extended
period of time creates traffic congestion, visibility problems for motorists and
pedestrians, and limits the availability of on-street parking spaces for their intended
purpose; and
WHEREAS, the City Council finds that reasonable restrictions on the length of
time and number of vehicles that are parked for sale on public streets are in the best
interest of the public health, safety and welfare because doing so will keep public
streets open and available for the intended purpose, improve traffic flow and safety,
enhance visibility for motorists, bicyclists and pedestrians, and improve the aesthetics
of the community; and
WHEREAS, the City Council finds that existing regulations on off-street parking
of vehicles for sale should be repealed to comply with the United States Supreme
Court decision in Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015); and
WHEREAS, the City Council, pursuant to the California Environmental Quality
Act (hereinafter "CEQA") (California Public Resources Code Sections 21000 et seq.)
and State CEQA guidelines (Sections 15000 et seq.) finds that the Ordinance is
exempt pursuant to Section 15061(b)(3) of Title 14 the California Code of Regulations
because it can be seen with certainty that this ordinance will not have a significant
effect on the environment and therefore it is not subject to CEQA; and
Ordinance No. 318 Page 1 of 3 April 10, 2018
r WHEREAS, all legal prerequisites prior to the adoption of this ordinance have
occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY GRAND TERRACE
DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings. . The City Council finds that all the facts, findings, and
conclusions set forth,above recitals in this Ordinance are correct and are incorporated
herein as findings of the City Council.
SECTION 2. Repeal of Chapter 10.24. Chapter 10.24 ("Parking of Motor Vehicles
for Sale") of Title 10'("Vehicles and Traffic") is hereby repealed in its entirety.
SECTION 3. Amending Section 10.04.330. Subsection "A" of Section 10.04.340
("Parking for sales or repair") of Chapter 10.04 ("Vehicle Regulations Generally") of Title
10"("Vehicles and Traffic") is hereby amended to read as follows:
A. Displaying such vehicle for sale for a period longer than 24 hours in the same
parking space or displaying more than one vehicle for sale on a single street at the
same time:
SECTION 4. Inconsistencies. Any provision of the Grand Terrace Municipal Code
or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to effect the provisions of this Ordinance.
SECTION 5. Severability. Should any provision of this Ordinance, or its application
to any person or circumstance, be determined by a court of competent jurisdiction to be
unlawful, unenforceable or otherwise void, that determination shall have no effect on any
other provision of this Ordinance or the application of this Ordinance to any other person
or circumstance and, to that end, the provisions hereof are severable. The City_Council
of the City of Grand Terrace_ declares that it would have adopted all the provisions of this
ordinance that remain valid if any provisions of this ordinance are declared invalid.
SECTION 6. Effective Date. This Ordinance shall become effective thirty (30)
days from and after its adoption.
SECTION 7. Certification. The Mayor shall sign and the City Clerk shall'certify to
the passage and adoption of this Ordinance and shall cause the same to be published
and posted pursuant to the provisions of law in that regard and this Ordinance shall take
effect 30 days after its final passage.
Ordinance No. 318 Page 2 of 3 April 10, 2018
-� PASSED, APPROVED, AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the 10th day of April 2018.
D rcy McN6bqjV
Ma
ATTEST:
bra Thomas
City Clerk
APPROVED AS TO FORM:
�177-
Richard L. Adams, II
City Attorney
Ordinance No. 318 Page 3 of 3 April 10, 2018
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF GRAND TERRACE
1
Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA,
DO HEREBY CERTIFY that the foregoing Ordinance, being Ordinance No. 318 was
duly passed, approved and adopted by the City Council, approved and signed by the
Mayor, and attested by the City Clerk, at the regular meeting of said City Council held
on the loth day of April 2018, and that the same was passed and adopted by the
following vote:
AYES: Council Members Wilson, Hussey, Henderson; Mayor Pro Tern
Robles; Mayor McNaboe
NOES: None.
ABSENT: None.
ABSTAIN: None.
_. Executed this 11th day of April 2018, at Grand Terrace, California.
Debra L. Thomas J
City Clerk
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