02-15-2011 - Public HearingCode Amendment No. 10-02General Exem - Item 10 Attach 5 (2).doc
City of West Covina
Memorandum
A G E N D A
TO: Planning Commission
FROM: Planning Department
SUBJECT: STUDY SESSION
CODE AMENDMENT NO. 10-02
Auto Repair in Residential Zones
I. DESCRIPTION
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 Planning Commission
held a study session to consider potential code revisions at their meeting of June 8, 2010.
II. DISCUSSION
The City Council, initiated the 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. At the
study session on June 8, the Planning Commission reviewed issues under the following categories.
inoperable vehicle storage
repair of vehicles
code cleanup
At the study session, the Planning Commission provided direction to staff on the majority of the issues under review. However, there were two issues that the Commission requested staff
to further investigate. The issues included the consideration of establishing a definition for vehicles under repair (as opposed to inoperative vehicles) and establishing a definition
for “auto brokers”. After evaluating the issue, staff believes that it is not necessary to adopt a definition for vehicles under repair because the Planning Commission direction was
to prohibit vehicle repair in driveways in the front yard. Therefore repairs on licensed vehicles can legally occur in the garage or a screened side or rear yard. Furthermore, vehicles
awaiting repair can remain on the driveway in the front yard for up to 72 hours.
In regards to auto brokers, staff researched the California Vehicle Code and spoke with employees of the DMV regarding auto broker rules and definitions. The California Vehicle Code
does not establish a threshold for the number of vehicles that can be sold without being defined as an auto broker. However, there are some regulations, which are provided on Attachment
1, page 4.
In addition, staff is recommending the adoption of a definition for “repair” and an additional standard to assist in code enforcement efforts. Community Enhancement staff has the authority
to issue citations and fines. In order to fine property owners for infringements, the code must state that the activity is unlawful. Staff recommendations are included in the attached
table.
A table has been prepared to allow discussion on the additional issues. The table also indicates the direction given by the Commission on the other issues discussed at the previous
study session. If the Planning Commission provides direction at this study session, staff will be prepared to draft an ordinance to be presented to the Planning Commission public hearing.
III. CONCLUSION
Staff recommends that the Planning Commission review the information in the staff report and attached table and provided appropriate direction to staff regarding the outstanding issues.
PREPARED BY:
________________________________
Jeff Anderson, AICP
Acting City Planner
Attachments:
Attachment 1 – Table