Ordinance - 1922ORDINANCE NO. 1922
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, ADOPTING AN AMENDMENT TO CERTAIN
SECTIONS OF THE WEST COVINA MUNICIPAL CODE, CHAPTER 26,
REGULATING EXCESSIVE AUTO REPAIR ACTIVITIES AND INOPERABLE
VEHICLE STORAGE ON RESIDENTIAL PROPERTIES (AMENDMENT NO.
255)
WHEREAS, the City's Code Enforcement Officers have received numerous
complaints about individuals constantly working on automobiles in residential areas;
and
WHEREAS, the Zoning Code currently prohibits the operating of an auto repair
business on residential property but does not regulate auto repair activities; and
WHEREAS, it has been requested that the Zoning Code be amended to facilitate
enforcement in response to these complaints; and
WHEREAS, at the January 19, 1993 meeting of the City Council, the Building
and Safety Department requested an amendment to the Zoning Code and the City
Council directed the Planning Commission to evaluate amending the code; and
WHEREAS, at the February 23, 1993 meeting of the Planning Commission, a
resolution initiating the amendment procedure was approved; and
WHEREAS, the purpose of this code amendment is to'protect the appearance,
character, and integrity of residential neighborhoods by establishing certain restrictions
on repairing vehicles on residential property; and
WHEREAS, the Planning Commission upon giving the required notice did on the
27th day of April 1993, conducted a duly advertised public hearing as prescribed by
law and approved a resolution recommending that the City Council approve the
proposed amendment; and
WHEREAS, the City Council of the City of West Covina considered evidence
presented by the Planning Department; Planning Commission, and other interested
parties at a duly advertised public hearing on the 18th day of May 1993; and
WHEREAS, the oral and documentary evidence considered in connection with
the code amendment reveal the following facts:
1. The General Plan of the City of West Covina maintains as its goals the
preservation of the essential residential character of West Covina - a city of
beautiful homes; the maintenance of existing residential development; and
providing an aesthetically pleasant environment for those who live, work, play
and visit in West Covina; and
2. Excessive auto repair and service tends to create nuisances and hazards that
extend beyond the subject property and thereby substantially impairing the use,
enjoyment, and property value of a residential neighborhood. Excessive and
continuous auto repair activities in residential zones may create adverse
impacts such as noise, odor, dust, vapors, hazardous waste disposal, and may
adversely affect the appearance of the City; and
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Ordinance No. 1922
Amendment No. 255
Auto Repair Activities
June 1, 1993 - Page 2
3. Adopting and implementing restrictions on auto repair and service will mitigate
• potential negative impacts of continuous recurring repair activity while not
restricting incidental repair and service on residential property.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of West
Covina does hereby resolve as follows:
SECTION NO. 1: Based on the evidence presented and findings set forth,
Amendment No. 255 is hereby approved as consistent with the City's General Plan
and the implementation thereof.
SECTION NO. 2: Based on the evidence presented and findings set forth,
Chapter 26 (Zoning) of the West Covina Municipal Code are hereby amended to read
as follows:
ARTICLE VIII. RESIDENTIAL AGRICULTURAL/ONE-FAMILY ZONES
Sec. 26-391 Permitted Uses
(1) Auto Repair and Service
(1) In addition to the provisions of 26-391(k), it shall be unlawful to service
or repair any vehicle, inoperable or not, whether or not registered to the
occupant of the property, or otherwise belonging to him/her, except
completely within the garage, carport, or on the driveway. Only one
vehicle at a time may be serviced or repaired on the driveway or in a
carport per residential lot.
(2) Notwithstanding (1) and in addition to 26-391(k), it shall be unlawful to
conduct more than two incidents of repair or service within a 30-day
period on vehicles not registered or otherwise belonging to the
occupant(s) of the property on which the repair or service is taking place.
An incident shall include all repair or service activities occurring within
a 72 hour period. This section shall not apply to an incident of repair or
service required by an emergency.
(3) An incident of repair or service under (1) and (2) shall be allowed only if
the repair or service is conducted between 8:00 a.m. and 10:00 p.m.,
noise levels created do not exceed the ambient noise level by more than
5 decibels at the property line, and the repair or service complies with
applicable environmental, health and safety codes and regulations.
Further, use of power tools (pneumatic or electrical) shall not be
permitted beyond the hour of 8:00 p.m.
(4) It shall be declared unlawful and a public nuisance for any person
owning, leasing, occupying, or having charge or possession of any
residential property in the city to allow the existence of any violation of
this section. Violations of this section shall be subject to enforcement
procedures found in Section 1-37.2
ARTICLE IX. MULTIPLE -FAMILY ZONES
Sec. 26-436 Permitted uses enumerated.
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Ordinance No. 1922
Amendment No. 255
Auto Repair Activities
June 1, 1993 - Page 3
(i) Parking or storing inoperable vehicles is prohibited
(1) It shall be unlawful to park or store for more than seventy-two (72)
0 hours any inoperable vehicle in a carport or approved parking space.
(2) It shall be unlawful to park or store more than one (1) inoperable vehicle
per dwelling unit in a carport or approved parking space.
(3) As used in this section, an inoperable vehicle is any vehicle, defined in
section 26-118, in a state of being dismantled, immovable, assembled,
disassembled, unlicensed or incapable of legally performing its design
function on city of state streets or highways.
(j) Auto Repair and Service
(1) In addition to the provisions of 26-4360), it shall be unlawful to service
or repair any vehicle, inoperable or not, whether or not registered to the
occupant of the property, or otherwise belonging to him/her, except
completely within the garage, carport, or approved parking space. Only
one vehicle at a time may be repaired or serviced in a carport or
approved parking space per dwelling unit.
(2) Notwithstanding (1) and in addition to 26-436(i) it shall be unlawful to
conduct more than two incidents of repair or service within a 30-day
period on vehicles not registered or otherwise belong to the occupant(s)
of the property on which the repair or service is taking place. An
incident shall include all repair or service activities occurring within a 72
consecutive hour period. This section shall not apply to incidents of
repair or service required by an "emergency".
(3) An incident of repair or service under (1) and (2) shall be allowed only if
the repair or service is conducted between 8:00 a.m. and 10:00 p.m.,
noise levels created do not exceed the ambient noise level by more than
5 decibels at the property line, and the repair or service complies with
applicable environmental, health and safety codes and regulations.
Further, use of power tools (pneumatic or electric) shall not be permitted
beyond the hour of 8:00 p.m.
(4) It shall be declared unlawful and a public nuisance for any person
owning, leasing, occupying, or having charge or possession of any
residential property in the city to allow the existence of any violation of
this section. Violations of this section shall be subject to enforcement
procedures found in Section 1-37.2.
(k) Other uses as specified in Article XI of this chapter after the granting of an
unclassified use permit. (Code 1960, § § 10802, 1082.01 -- 10802.06,
10802.08, 10802.09; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1420, § 1, 12-
26-78; Ord. No. 1459, § 1, 12-10-79)
SECTION NO. 3: The project is considered a categorical exemption pursuant to
Section 15305 (Class 5) of the California Environmental Quality Act (CEQA) in that
it consists of minor alterations in land use limitations which does not result in changes
in land use.
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Ordinance No. 1922
Amendment No. 255
Auto Repair Activities
June 1, 1993 - Page 4
SECTION NO. 4: The City Clerk shall certify to the passage of this ordinance
• and shall cause the same to be published as required by law.
PASSED AND APPROVED this 1st day of June , 1993.
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss.
CITY OF WEST COVINA )
I, JANET BERRY, City Clerk of the City of West Covina, do hereby certify that the
foregoing Ordinance No. 1922 was regularly introduced and placed upon its
first reading at a regular meeting of the City Council on the 18th day of
may, , 1993. That, thereafter, said Ordinance was duly adopted and passed at
a regular meeting of the City Council on 1st day of June , 1993.
AYES: Jennings, Wong, Herfert, Manners, McFadden
NOES: None
ABSENT: None
, - lg�' � 1,
City Clerk
APPROVED AS TO FORM:
City'Attorney
0321-93/C:PLANCOM/A255AUTO.ORD/em
CERTIFI-CATION
I, JANET BERRY, Deputy City Clerk of the City of West Covina, State
J
of California, do hereby certify that a true and accurate copy of
Ordinance No. was published, pursuant to law, in the San
Gabriel Valley Tribune, a newspaper of general circulation
published and circulated in the City of West Covina.
DATED: v 9
•
'& '�' A"'L
J net Berry, City Cle k
City of West Covina, Californi
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