03-01-2011 - Continued Public HearingCode Amendment No. 10-02Au - Item 10 attach 3 (2).doc
PLANNING DEPARTMENT STAFF REPORT
CODE AMENDMENT NO. 10-02
GENERAL EXEMPTION
APPLICANT: City of West Covina
LOCATION: Citywide
I. DESCRIPTION OF APPLICATION
On May 18, 2010, the City Council adopted Resolution No. 2010-26 initiating Code Amendment No. 10-02 to address auto repair business operating in residential zones. The initiation of
this code amendment requires that a draft code amendment be presented to the Planning Commission. The Planning Commission will then make a recommendation and the code amendment will
be presented to the City Council.
II. STAFF RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution recommending approval of Code Amendment No. 10-02 to the City Council.
III. ENVIRONMENTAL DETERMINATION
The proposed code amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines in that it consists
of a code amendment, which does not have the potential for causing a significant effect on the environment.
IV. BACKGROUND
The Planning Commission held two study sessions to review the existing Code standards and consider potential revisions to the Code. The Commission held sessions on June 8, 2010 and
on July 27, 2010. At those study sessions, staff provided tables providing information on existing code standards, options to change the standard, and a staff recommendation.
V. PROJECT DESCRIPTION AND ANALYSIS
Over the past few years, City staff has received a number of complaints in residential areas of individuals performing auto repair on vehicles. The City Council, therefore initiated
a code amendment to allow staff to review the current code requirements and recommend modifications to clarify and further define standards to allow for more effective code enforcement
efforts. The purpose of the code amendment is to address auto repair businesses and/or storage of inoperable vehicles in residential zones. Staff from the Public Works Department
(including Community Enhancement and Building Divisions) and the Planning Department have worked together to define code enforcement issues and evaluate current code regulations.
Based on the efforts of those staff members and direction from the Planning Commission at the study sessions, Planning staff has completed a draft code amendment (Attachment 1).
Establish Definition for “Auto Broker”
Adds definition in the Code which refers to an existing definition in the California Vehicle Code. Allows Community Enhancement staff to work with DMV or other government agencies to
determine if individuals are operating as an auto broker. Auto brokers are currently prohibited from operating a business in a residential zone.
Require Inoperable Vehicles to be Stored Behind a Six-Foot Fence or Wall
Modifies the standard for storing inoperable vehicles from 72-hours in the front yard to stored behind a solid six-foot wall or view-obscuring landscaping.
Define that Using a Car Cover does not meet Requirement for Screening
Provides clarification that a car cover does not qualify as screening for inoperable vehicles stored in the front yard.
Prohibiting Vehicle Repair in the Driveway
The proposed code would prohibit residents from performing vehicle repairs on the driveway in the front yard of a residential property.
Vehicle Repair Incident of Vehicle Not Registered at Subject Property
The Code currently limits a resident from working on a vehicle not registered to that address (incident of repair) two times in a month. The amended code would allow for a resident
to work on a vehicle not registered to the address four times in a twelve-month period.
Modify Time Period Allowed for Incident of Repair
The proposed changes include defining an “incident of repair” as a twelve-hour period rather than a 72-hour period.
Provides Definition for Repair in Residential Zones
Adds definition of repair that allows for code enforcement activities when residents are repairing vehicles in the front yard or repairing vehicles not registered to the property.
Code Violation Citation
Community Enhancement staff has the authority to issue citations and fines if Municipal Code clearly states that an incident is unlawful. The proposed code revision would add text that
allows for Community Enhancement to issue citations without prior notification if the Code is being violated.
Multiple-Family Zone Requirements
While there are different circumstances in multi-family housing than in single-family housing (such as driveways), numbers 5 through 8 above have been included in the Multiple-Family
Zone section of the Municipal Code.
Conclusion
The proposed changes include revisions to address auto repair business operating in residential zones. The proposed code text is attached to the resolution for your review (Attachment
1). If the Planning Commission chooses to recommend approval of the proposed code amendment, the City Council will hold a public hearing to consider adopting the proposed amendments.
VI. STAFF RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution recommending approval of Code Amendment No. 10-02 to the City Council.
___________________________
Jeff Anderson, AICP
Acting Planning Director
Attachments:
Attachment 1 - Code Amendment Resolution
Attachment 2 – Memorandum to Planning Commission, 2nd Study Session, July 27, 2010
Attachment 3 – Table, 2nd Study Session, July 27, 2010
Attachment 4 – Memorandum to Planning Commission, 1st Study Session, June 8, 2010
Attachment 5 – Table, 1st Study Session, June 8, 2010