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02-15-2011 - Public HearingCode Amendment No. 10-02General Exem - Item 10 Attach 6 (2).doc Additional Issues  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 1 — No change to the code. Planning Commission recommended no change to code/staff to research whether a definition of “temporary inoperable vehicle” is possible. Staff determined that it was not relevant to establish a definition as vehicle repair is not allowed in the driveway but vehicles that don’t function can be stored on the driveway for 72 hours. OK   2. 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. Staff researched the 2009 California Vehicle Code. Relevant citations are provided on page 4 of this document.  Option 1—No change Option 2—Create a definition of auto brokers that defines auto brokers and requires consistency with the California Vehicle Code.  Option 2 — Adopt text language that states “Auto Brokers shall be licensed by the State of California and shall comply with regulations in the California Vehicle Code.”OK   3. Enforcement  Community Enhancement has the authority to issue citations and fines if the code clearly states that an incident is unlawful. Text can be added to the Code to state, “Violators may be cited, without prior notification.” Additions of this language will allow Community Enhancement to cite (& fine) when violations observed.  Option 1 – No Change Option 2 – Addition of text to allow for expedited code enforcement procedures.  Option 2 – Creating this standard will allow Community Enhancement to fine offenders. OK   4. Define Repair  Currently there is no definition of repair in the code. Staff is suggesting the following definition. “Repair shall mean the alteration, restoration, painting (including spray painting), replacement faulty or missing engine components body and fender work, disassembling, and reassembling of mechanical parts of motor vehicles and includes, but is not limited to tire repairs, minor tune-ups, battery charging, body and fender work, engine overhauling or other similar activities.”  Option 1 – No Change Option 2 – Addition of definition will allow for code enforcement to address vehicle repair occurring in driveways.  Option 2 – Adding the definition will assist in enforcement efforts. Remove painting & spray painting/prohibit in R-1 areas (consider if other types of repair should be prohibited in R-1) Nancy suggested adding “cleaning motor and degreasing. 26-392 g. 1. lists “This section shall not apply to an incident of repair or service required by an emergency. How does that affect changes?   4. Define Repair  Currently there is no definition of repair in the code. Staff is suggesting the following definition. “Repair shall mean the alteration, restoration, painting (including spray painting), replacement faulty or missing engine components body and fender work, disassembling, and reassembling of mechanical parts of motor vehicles and includes, but is not limited to tire repairs, minor tune-ups, battery charging, body and fender work, engine overhauling or other similar activities.”  Option 1 – No Change Option 2 – Addition of definition will allow for code enforcement to address vehicle repair occurring in driveways.  Option 2 – Adding the definition will assist in enforcement efforts. Remove painting & spray painting/prohibit in R-1 areas (consider if other types of repair should be prohibited in R-1) Nancy suggested adding “cleaning motor and degreasing. 26-392 g. 1. lists “This section shall not apply to an incident of repair or service required by an emergency. How does that affect changes?   Issues Planning Commission Has Provided Direction  Item Discussion Options Direction   1. 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 — Code to state that car cover over a vehicle does not satisfy the requirement of being screened from the street.   2. 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 — Revision will allow a resident to work on a family member or friends car up to 4 times a year.   3. 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 3 — Prohibit repair of vehicles in driveways in the front of the house.   Item Discussion Options Direction   4. 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 — Incidents of repair or service will be defined as incidents that can be completed in a 12-hour period.   5. 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 — Prepare standards to require screening of inoperable vehicles from visibility from public street.   6. 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 – No change would be made.   7. 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.   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.