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02-15-2011 - Public HearingCode Amendment No. 10-02General Exem - Item 10 Attach 1 (2).docO R D I N A N C E N O. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO AUTO REPAIR BUSINESSES OPERATING IN RESIDENTIAL ZONES WHEREAS, on May 18, 2010, the City Council initiated a code amendment related to auto repair businesses operating in residential zones; and WHEREAS, the Planning Commission held study sessions on the 8th day of June, 2010, and the 27th day of July, 2010, to discuss potential revisions to the code; and WHEREAS, the Planning Commission, upon giving required notice, did on the 9th day of November, 2010, conduct a duly advertised public hearing as prescribed by law, at which time the Planning Commission adopted Resolution No. 10-5392 recommending to the City Council approval of Code Amendment No. 10-02; and WHEREAS, the City Council considered evidence presented by the Planning Commission, Planning Department, and other interested parties at a duly advertised public hearing on the 15th day of February, 2011; and WHEREAS, studies and investigations made by this Council and in its behalf reveal the following facts: The Municipal Code currently contains standards for auto repair and for businesses operating in residential zones. 2. Due to situations that have occurred it is appropriate to review the regulations to determine if a code amendment can be prepared to tighten and clarify restrictions to allow for effective code enforcement. 3. The proposed action is considered to be exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the proposed action consists of a code amendment, which does not have the potential for causing a significant effect on the environment. NOW THEREFORE, the City Council of the City of West Covina does ordain as follows: SECTION NO. 1: The proposed action is considered to be exempt from the provisions of the California Environmental Quality Act (CEQA). Pursuant to 14 California Code of Regulations, Sec. 15061(b)(3) the City Council finds that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore the activity is not subject to CEQA. SECTION NO. 2: Based on the evidence presented and the findings set forth, the City Council of the City of West Covina approves Code Amendment No. 10-02 to amend Chapter 26, Article II (Definitions) and Article VIII (Residential Agricultural Zone/Single-Family Zone) and Article IX (Multiple-Family Zones) of the West Covina Municipal Code to read as shown on Exhibit “A” attached hereto and incorporated herein by reference. SECTION NO. 3: This ordinance and the various parts thereof are hereby declared to be severable. Should any section of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid SECTION NO. 5: The City Clerk shall certify to the passage of this Ordinance and it shall be published as required by law. PASSED AND APPROVED on this 15th day of February, 2011. Mayor ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF WEST COVINA ) I, Laurie Carrico, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. ______ was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 15th day of February, 2011. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 1st day of March, 2011. AYES: NOES: ABSENT: City Clerk APPROVED AS TO FORM: City Attorney EXHIBIT A Chapter 26, Article II Definitions Architectural lighting. Any arrangement, other than signage, of lighting to outline or highlight certain features such as the shape of a building or the decoration of a wall or window. Auto Broker. An auto broker is an individual in the business of buying and selling vehicles. Auto brokers shall be licensed by the State of California and shall comply with all regulations in the California Vehicle Code. Automobile wrecking. The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. Chapter 26, Article VIII Residential Agricultural/Single Family Zone Section 26-392 Inoperable vehicles. It shall be unlawful to park or store any inoperable vehicle in any front yard, or any other yard which are not fully screened by solid six-foot fences or walls and/or view-obscuring landscaping where not screened from all off-site ground-level views, for more than seventy-two (72) hours. Up to two (2) inoperable vehicles may be parked for any length of time in an enclosed garage or the rear or side yards where such yards are completely enclosed with six-foot solid walls or fences. The use of a car cover to cover inoperable vehicles in the driveway does not meet the requirement for fully screened. Auto repair and service. (1) 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, or carport., or on the primary driveway. Only one (1) vehicle at a time may be serviced or repaired on the primary driveway or in a carport per residential lot. Vehicle repair on a driveway in the front yard is prohibited. (2) Notwithstanding subsection (e g)(1), it shall be unlawful to conduct more than (2) (4) incidents of repair or service within a thirty-day twelve-month 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 seventy-twotwelve-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 subsections (e g)(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 five (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) No tools, motor vehicle parts, supplies, or equipment used for automobile repair and service shall be left, stored or maintained outdoors in a location that is readily visible from a public right-of-way or an adjoining property upon any overnight interruption or cessation of repair work. (5) All fluids, liquids and oil or other petroleum products that are taken out of a motor vehicle or used in conjunction with any repair work shall be disposed of in a lawful manner. In no instance shall these products or substances be allowed to drain or spill onto adjoining property or into the public right-of-way, storm drain, plumbing system or sewer system. (6) Hydraulic vehicular lifts and/or similar types of mechanical or hydraulic equipment (as determined by the planning director) are prohibited from being installed, kept, stored, maintained or otherwise used for conducting automotive repair or storing of vehicles. (7) Repair shall mean the alteration, restoration, replacement of faulty or missing engine components, body and fender work, disassembling, cleaning of the motor and degreasing of components, and reassembling of mechanical parts of motor vehicles and includes, but is not limited to tire repairs, minor tune-ups, battery charging, engine overhauling or other similar activities. (8) Violators of this section of the code may be cited, without prior notification. Operations of vehicles on private property. The following shall apply: (1) It shall be unlawful to operate any motor vehicle (as defined in section 415 of the Vehicle Code of the State of California) upon the private property of another without first obtaining the written permission of said owner. (2) Persons who obtain permission from private property owners to operate motor vehicles thereon shall maintain in their possession such written permission at all times when operating motor vehicles on said private property. This subsection (h) in no way prohibits the use of such private property by: Emergency vehicles. Vehicles of commerce in the course of the conduct of normal business. Vehicles being operated on property devoted to commercial purposes where the general public is expressly or implicitly invited to such property. Vehicles operated on property actually used for residential purposes and where such vehicle is there at the express or implicit invitation of the owner or occupant. Article IX Multiple-Family Zone Section 26-438 (c) Inoperable vehicles. No more than one (1) inoperable vehicle may be kept on-site per dwelling unit, and may be kept on-site for no more than seventy-two (72) hours. If so kept, an inoperable vehicle must be fully within a garage, carport, or other approved parking space. (d) Auto repair and service. (1) It shall be unlawful to service or repair any vehicle, inoperable or not, whether or not registered to an occupant of the property, or otherwise belonging to him/her, except completely within the garage, carport, or other approved parking space. Only one (1) vehicle at a time may be repaired or serviced in a carport or approved parking space per dwelling unit. (2) Notwithstanding subparagraph (d)(1), it shall be unlawful to conduct more than two (2) (4) incidents of repair or service within a 30-day twelve-month 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-consecutive twelve-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 subsections (d)(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 five (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) Repair shall mean the alteration, restoration, replacement of faulty or missing engine components, body and fender work, disassembling, cleaning of the motor and degreasing of components, and reassembling of mechanical parts of motor vehicles and includes, but is not limited to tire repairs, minor tune-ups, battery charging, engine overhauling or other similar activities. (5) Violators of this section of the code may be cited, without prior notification. (e) Public nuisance. It shall be is 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. (4)(1) No tools, motor vehicle parts, supplies, or equipment used for automobile repair and service shall be left, stored or maintained outdoors in a location that is readily visible from a public right-of-way or an adjoining property upon any overnight interruption or cessation of repair work. (5)(2) All fluids, liquids and oil or other petroleum products that are taken out of a motor vehicle or used in conjunction with any repair work shall be disposed of in a lawful manner. In no instance shall these products or substances be allowed to drain or spill onto adjoining property or into the public right-of-way, storm drain, plumbing system or sewer system. (6)(3) Hydraulic vehicular lifts and/or similar types of mechanical or hydraulic equipment (as determined by the planning director) are prohibited from being installed, kept, stored, maintained or otherwise used for conducting automotive repair or storing of vehicles.