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03-01-2011 - Continued Public HearingCode Amendment No. 10-02Au - Item 10 attach 8 (2).doc Item Discussion Options Recommendation   1. Inoperable Vehicles – storage in driveway  Currently, the Code allows a resident to store a vehicle in their driveway for up to 72 hours.  Option 1—No change Option 2—Reduce the amount of time to 24 hours. Option 3—Eliminate allowance to store vehicle in driveway in front yard.  Option 3—Inoperable vehicles would not be allowed to be stored on residential driveways in the front yard. Planning Comm recommended no change to code/staff to research whether a definition of “temporary inoperable vehicle is possible.   Definitions (Codified) Inoperable vehicle – Any vehicle (whether partially or fully assembled) in a state of being immobile, unlicensed, or otherwise unable to legally perform its design function on public streets. Vehicle under repair – A vehicle that is licensed but is temporarily under repair.     2. Inoperable Vehicles – Clarify requirement that inoperable vehicles be stored out of view  If Option 1 or 2 is selected on Item 1 above, the code could be amended to clarify that the use of a car cover is not an adequate screen to satisfy being out of view from the public street. (If Option 3 is selected on Item 1 above, this item can be skipped.)  Option 1—No change Option 2—Modify the code to clarify that a car cover over a vehicle does not satisfy the requirement of being screened from the street.  Option 2—Modifying the code would clarify that using a car cover does not meet standards for being out of view. OK   3. Repair – Evaluate the number of incidents of repair allowed for vehicles not registered to the subject address.  Currently, the Code allows for two incidents of repair or service within a 30-day period for vehicles not registered to the subject property. This standard is difficult for City staff to track and determine if the code is being violated. A resident can currently repair up to 24 cars in a year that they do not own. If an incident of repair to a friend’s car takes two weeks, in theory a resident could be working on someone else’s car continuously throughout the year.  Option 1—No change Option 2—Reduce to 4 incidents in a twelve-month period. Option 3—Reduce to 8 incidents in a twelve-month period. Option 4—Reduce to one incident a month.  Option 2—Allowing residents to work on other people’s cars is difficult to distinguish from an auto repair business. Recognizing that there may be times that it is appropriate to allow a resident to work on a family member or friends car, staff feels that 4 times a year is appropriate while allowing City staff to enforce restrictions against operating a business. OK   3. Repair – Evaluate the number of incidents of repair allowed for vehicles not registered to the subject address.  Currently, the Code allows for two incidents of repair or service within a 30-day period for vehicles not registered to the subject property. This standard is difficult for City staff to track and determine if the code is being violated. A resident can currently repair up to 24 cars in a year that they do not own. If an incident of repair to a friend’s car takes two weeks, in theory a resident could be working on someone else’s car continuously throughout the year.  Option 1—No change Option 2—Reduce to 4 incidents in a twelve-month period. Option 3—Reduce to 8 incidents in a twelve-month period. Option 4—Reduce to one incident a month.  Option 2—Allowing residents to work on other people’s cars is difficult to distinguish from an auto repair business. Recognizing that there may be times that it is appropriate to allow a resident to work on a family member or friends car, staff feels that 4 times a year is appropriate while allowing City staff to enforce restrictions against operating a business. OK   Item Discussion Options Recommendation   4. Repair – Define Repair  Currently, the Code does not include a definition for repair in relation to vehicle repair. The Code also allows repair to occur in a garage, carport or on the primary driveway.  Option 1—No change Option 2—Adopt a definition for repair that defines minor repair as repair that can be completed in a 12-hour period. Option 3 – Prohibit repair in the driveway located in the front yard.  Option 2—Defining repair as work that can be completed in a 12-hour period avoids a long list of types of repair and determining if some types of review should be allowed and others restricted. It also allows for efficient code enforcement as the site can be visited once each day for 2 days to determine if they are in compliance. PC recommends Option 3, no repair in driveway.   5. Repair – Define “incidents of repair or service”.  The Code allows “incidents of repair or service” for residents working on vehicles not registered to the subject property. If it is determined that residents should be allowed to work on vehicles not registered to the subject property (Item 3) a definition should be created to incidents of repair or service. The Code currently states that incidents include all repair or service activity occurring within a seventy-two hour period.  Option 1—No change Option 2—Define incidents of service or repair as service that can be completed in a 12-hour period.  Option 2—This would be consistent with the definition of “repair” and would be enforceable. OK   5. Repair – Define “incidents of repair or service”.  The Code allows “incidents of repair or service” for residents working on vehicles not registered to the subject property. If it is determined that residents should be allowed to work on vehicles not registered to the subject property (Item 3) a definition should be created to incidents of repair or service. The Code currently states that incidents include all repair or service activity occurring within a seventy-two hour period.  Option 1—No change Option 2—Define incidents of service or repair as service that can be completed in a 12-hour period.  Option 2—This would be consistent with the definition of “repair” and would be enforceable. OK   6. Repair – Clarify “screen from all off-site ground-level views”  The Municipal Code requires that inoperable vehicles be stored in “yards screened from all off-site ground-level views”.  Option 1—No change Option 2—Adopt a standard that inoperable vehicles must be stored in an area screened so as to not be readily visible from the public street.  Option 2—Screening from “all ground-level views” could include back or side yards in areas with hilly terrain, and would be consistent with the RV parking standards. OK   Item Discussion Options Recommendation   7. Repair – Add standard establishing the definition of an Auto Broker.  The Code does not provide a definition or standards for “auto brokers” although office uses can be approved in residential zones.  Option 1—No change Option 2—Create a definition of auto brokers that defines the maximum number of vehicles that can be sold without being classified as an auto broker by the DMV.  Option 2—Defines Auto Broker businesses using State code standards. PC requested more research re: DMV standards/threshold for being an “auto broker”.   8. Repair – Time of Day Allowed  Currently the Code allows an incident of repair to be conducted between 8:00 am and 10 pm.  Option 1—No change Option 2—Change the time period allowed from 8:00 am to 8:00 pm.  Option 2 – The Noise Ordinance currently allows two and four stroke engines to operate from 8:00 am to 8:00 pm. This change would be consistent with the Noise Ordinance. PC recommended no change.   9. Code Cleanup  The current ordinance includes an incorrect citation in Section 26-392 (g) (2) and (3). In addition, changes need to be made to the Multi-Family section of the code (26-438) to be consistent with Section 26-392 (Single-Family).  Option 1—No change Option 2—Change the citation and ensure consistency between single-family and multi-family standards.  Option 2—These changes would allow for the use of less confusing terminology OK   2009 Vehicle Code Citations Section 11700. No person shall act as a dealer, remanufacturer, manufacturer, or transporter, or as a manufacturer branch, remanufacturer branch, distributor, or distributor branch, without having first been issued a license as required in Section 11701 or temporary permit issued by the department, except that, when the license or temporary permit has been canceled, suspended, or revoked or has expired, any vehicle in the dealer's inventory and owned by the dealer when the dealer ceased to be licensed my be sold at wholesale to a licensed dealer. The former licensee shall give the purchasing dealer a statement of facts stating that the seller is not a licensed dealer. Any vehicle on consignment with the dealer when the dealer ceased to be licensed shall be returned to the consignor. Any vehicle in the dealer's possession, but not owned by the dealer and not on consignment when the dealer ceased to be licensed, shall be returned to the owner of the vehicle. Section 11700.1 A dealer who does not have an established place of business in this state but who is currently authorized to do business as, and who has an established place of business as, a vehicle dealer in another state is not subject to licensure under this article if the business transacted in California is limited to the importation of vehicles for sale to, or the export of vehicles purchased from, persons licensed in California under this chapter. Section 12120. Only a dealer, a person described in Section 286, or the registered owner of record shall sell or offer for sale a vehicle of a type required to be registered pursuant to Division 3 (commencing with Section 4000) or identified pursuant to Division 16.5 (commencing with Section 38000), except as provided in Section 12121. Section 12121.   (a) Section 12120 does not apply to a dealer licensed pursuant to Chapter 4 (commencing with Section 11700) when acting under authority of the license, or to his or her authorized agent. (b) Section 12120 does not prohibit the sale of a vehicle by any of the following persons not engaged in the business of selling vehicles: (1) Anyone related by blood, adoption, or marriage to the registered owner. (2) The receiver, administrator, executor, guardian, or other person appointed by, or acting under, a judgment or order of any court. (3) The trustee of a trust in which the vehicle is registered as an asset. (4) Any public officer in the performance of his or her official duties. (5) An attorney on behalf of a client who is the registered owner. (6) The owner, officer, or designated representative of a business in whose name the vehicle is registered. (7) The legal owner as shown on the certificate of ownership. (8) A person who has prior written authorization from the registered owner of the vehicle, and that person does not receive or expect to receive a commission, money, brokerage fees, profit, or any other thing of value from either the seller or purchaser of the vehicle. (9) An insurer selling the salvage of one of its insured's vehicle or the stolen vehicle of one of its insured which has been recovered. Comments by Nancy Adin Concern – stated her concern not with normal repair (brakes, oil, spark plugs) but with major repair Concern – When individuals constantly working on vehicles and the vehicles are constantly changing. Concern – Differentiate between hobby and business in regards to car repair. Concern – Use of degreasers (like grease lightning) and spray paint polluting air with odor and fumes Concern – restoration of old vehicles. Concern – covered cars in the driveway and out of state vehicles parked in the garage. Cars are parked in front of driveway approach. Suggests that inoperable vehicles should not be parked in front yard area. Suggests that time allowed to work on vehicles should be reduced from 8 to 10 to 8 to 8. City of Azusa – Prohibits inoperable vehicles in front yard of residential properties Prohibits vehicle repairs in front yard, except in emergency (car unable to start/dead battery or flat tire). Long term repair lasting more than 12 hours are prohibited. City of Duarte - Cannot store or park any licensed or unlicensed vehicle on private or public property for more than 5 days unless vehicle is within an enclosed building. City of Arcadia - Prohibits inoperative vehicles and those under repair unless parking inside a building and not visible from the street. City of San Dimas - Prohibits abandoned or inoperative vehicle within plain view from a highway or street. Also prohibits repair within view of public street. Repair defined as not including minor repair that is completed within 72 hours. Claremont AUTOMOBILE SERVICE STATION.  An area which provides for the servicing of motor vehicles, including tire repairs, minor tune-ups, battery charging, storage of merchandise and supplies related to the servicing of motor vehicles, sale of gasoline, automobile grease racks, but excluding body and fender work, engine overhauling or other similar activities. Monrovia Repair, tune-up or changing of fluids in automobiles, trucks, motor cycles or motor homes is not permitted on residentially zoned properties unless the vehicle is registered to the occupant of the property. South Pasadena Auto Repair and Maintenance. The repair, alteration, restoration, towing, painting, cleaning (including self-service and attended car washes), or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes the following categories. LaVerne (prohibition) Automobile repair, body or mechanical; upholstering or painting; automobile restoration; Diamond Bar (Inop) whether the vehicle has damaged, faulty or missing components, such as the engine, battery, transmission, tires, wheels, hood, mirrors, lights, windows or windshields. Repair shall mean the alteration, restoration, painting, replacing faulty or missing components, disassembling, and reassembling or mechanical parts of motor vehicles and includes, but it not limited to tire repairs, minor tune-ups, battery charging, body and fender work, engine overhauling or other similar activities. Dictionary – to put back in good condition after damage.