02-15-2011 - Public HearingCode Amendment No. 10-02General Exem - Item 10 (2).doc
City of West Covina
Memorandum
A G E N D A
TO: Andrew G. Pasmant, City Manager
ITEM NO. 10
DATE February 15, 2011
and City Council
FROM: Jeff Anderson, Acting Planning Director
SUBJECT: CODE AMENDMENT NO. 10-02
AUTO REPAIR AND BUSINESSES IN RESIDENTIAL ZONES
RECOMMENDATION:
The Planning Commission and staff recommend that the City Council introduce the following ordinance:
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
BACKGROUND:
On May 18, 2010, the City Council adopted Resolution No. 2010-26 initiating Code Amendment No. 10-02 to address issues related to auto repair businesses operating in residential zones.
The Planning Commission held two study sessions to review the existing Code standards and consider potential revisions to the Code. At those study sessions, City staff provided information
on existing code standards, options to change the standard, and a staff recommendation. (Attachments 6 and 8)
DISCUSSION:
Over the past few years, City staff has received a number of complaints of individuals performing extensive auto repair on vehicles in residential areas. 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 this 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 enforcement issues and evaluate current code regulations.
It was not the intent of staff to prevent residents from working on their own vehicles, but rather to attempt to establish standards that allow Community Enhancement to identify auto
repair businesses.
Based on that input the draft code amendment includes the following changes. (Attachment 1).
Establish Definition for “Auto Broker”
Adds definition in the Code that refers to an existing definition in the California Vehicle Code. Allows Community Enhancement staff to work with DMV and/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 Solid Six-Foot Fence or Wall
Modifies the standard for storing inoperable vehicles from “screened from all off-site ground level views” 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 adequate 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 to two times in a month (known as an “incident of repair”). 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” for vehicles not registered to that address as a 12-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 their vehicles or repairing vehicles not registered to the property.
Code Violation Citation
Community Enhancement staff has the authority to issue citations and fines if the 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.
PLANNING COMMISSION DISCUSSION AND RECOMMENDATION:
The Planning Commission considered this matter on November 9, 2010. The Commission voted 3-2 (Carrico and Sotelo voting against) to recommend approval of the proposed code amendment
to the City Council. The Commission discussed that it was appropriate to allow residents to work on their own vehicles and important to respect the rights of the neighbors. The Commission
also discussed the need to allow Community Enhancement to address repetitive enforcement issues. The majority of the Planning Commission recommended approval of the code amendment
to allow Community Enhancement staff to address chronic violators while still allowing residents to work on their own vehicles (such as vehicle restoration) inside of a garage where
it would not be visually detrimental to their neighbors. Commissioner Carrico voted against the code amendment due to concerns that minor repairs in a driveway could be subject to
code enforcement action and that the proposed code could cause enforcement issues for staff. Commissioner Sotelo voted against the amendment based on a concern that the proposal was
not strong enough to address inoperable vehicle storage or to determine the registration of vehicles parked on a residential property.
FISCAL IMPACT:
The proposed Code Amendment would not have any direct fiscal impact to the General Fund.
Prepared by: Jeff Anderson
Acting Planning Director
Attachments:
Attachment 1 – Draft Code Amendment Ordinance
Attachment 2 – Planning Commission Resolution No. 10-5392
Attachment 3 – Planning Commission Staff Report, November 9, 2010
Attachment 4 – Planning Commission Minutes, November 9, 2010
Attachment 5 – Memorandum to Planning Commission, 2nd Study Session, July 27, 2010
Attachment 6 - Table, 2nd Study Session, July 27, 2010
Attachment 7 – Memorandum to Planning Commission, 1st Study Session, June 8, 2010
Attachment 8 - Table, 1st Study Session, June 8, 2010