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01-03-1995 - Auto Repair in Residential ZonesH 0 • City of West Covina Memorandum TO City Council City Manager FROM Planning Department AGENDA ITEM NO. G-1 SUBJECT' AUTO REPAIR IN RESIDENTIAL ZONES DATE 01-03-95 SUMMARY: Complaints have been received regarding continuing violations of City ordinance regulations regarding the repair of automobiles in residential zones. A report has been requested to be prepared to consider options for addressing this issue. On June 1, 1993, the City Council adopted Ordinance No. 1922, establishing the following regulations to control automobile repair activities in residential zones: • Repair activities may only be conducted within the garage, carport, or on the d riveway. • No more than two incidents of repair (each limited to a 72-hour period) may be conducted on vehicles not belonging to the occupant of the property within a 30-day period. • Repairs may only be conducted between the hours of 8:00 a.m. and 10:00 p.m., with the use of power tools prohibited after 8:00 p.m. • Noise associated with auto repair activities may not exceed the ambient noise level by more than five decibels at the property line. • Parking or storage of inoperable vehicles is limited to no.more than 72 hours. Despite the adoption of these regulations, complaints have.. continued to be received regarding excessive noise, late night repair activity, and an excessive number of repair incidents. To the extent that auto repair in residential zones is still considered to be an unresolved problem, the basic options that are available are (1) adopting more restrictive ordinance regulations, and/or (2) taking steps to better enforce the existing regulations. Each of these options are discussed below. Noise: The current noise standard of five decibels above the ambient level at the property line probably represents the strictest standard practicable without being unreasonable. Because of this, placing more stringent restrictions on noise levels is not recommended. Hours of Conduct: Currently, repair activities must cease after 10:00 p.m., with the use of power tools prohibited after 8:00 p.m. One option would be to change the limit to 8:00 p.m. for all repair activities. This, might also be beneficial in controlling power tool noise since it is very difficult to enforce only the prohibition on power tools between 8:00 p.m: and 10:00 p.m. when other repair activity is permitted. Number of Repair Incidents: The current restriction of no more than two incidents of "outside" repair within a 30-day period is a generally reasonable standard; however, difficulties in monitoring and enforcing this standard make it 1035-94/A:/C:CC/AUTOREP.RPT/dm/srg Auto Repair in Res. Zones• January 3. 1995 - Page 2 0 susceptible to unchecked violatic vehicles registered or belonging considered prior to the adoption restrictive on persons wishing vehicles belonging to friends or r While disallowing outside repairs occasional outside repairs would virtually no enforcement actions. It enforce against consistent violat professional repair businesses. An option would be to limit repairs strictly to the occupant of the property. This had been Ordinance No. 1922', but it was felt to be too conduct "legitimate" occasional repairs on iay be overly -restrictive on its surface, truly likely generate few, if any complaints and Mould, though, make for an easier standard to rs who may actually be operating quasi - In general, enforcement of the auto repair regulations presents some difficulties since it is a temporary activity. Unlike complaints about a building or a fence, enforcement officers must be on the property at the time that the violations are occurring to.be able to make a citation. Noise: Enforcement of noise violations must be proven through readings taken with a noise meter. This, again, is problematic since the generated noise is temporary and easily curtailed. While having an established restriction on noise is purposeful for persons who.are willing to comply voluntarily, its has limited practical effect on controlling willinglviolators. As mentioned above, controlling the hours when repairs may be conducted may be more effective in controlling noise than placing restrictions on the noise itself.' Hours of Conduct: The most significant problem with enforcing these. restrictions is that code enforcement personnel are not normally on duty during the hours that repair activity is prohibited. Consequently, enforcement of most violations must be handled by the Police Department. While the police have and are willing to respond to these complaints, they take a lower priority to emergency calls. Number of Repair Incidents: The current limitation of two "outside" repair incidents within a 30-day period presents certain enforcement difficulties. First, a violation can be proven only afterl the first two permitted incidents have been documented, including the fact that the vehicles being repaired were not owned by the occupant. For these reasons, this restriction also has limited practical effectiveness against persons who conduct outside repairs on a regular or semi - regular basis. With the current set of regulation; upon quick response. Given the w and the Police Department, this ty provide. The suggested options making violations easier to prove. staff to give a higher level of priori repair. effective enforcement is heavily dependent rkloads of both the code enforcement officers e of response may sometimes be difficult to for modifying the regulations may help by Beyond this, the Council may wish to direct ✓ to responding to complaints regarding auto 1035-94/A:/C:CC/AUTOREP.RPT/d Auto Repair in Res. Zos January 3. 1995 - Page 3 RECOMMENDATION . Staff recommends that the City Council consider options identified in this (report for controlling the repair of automobiles in residential zones and provide staff with appropriate direction -5-0-4140& Mclsaac Prinel6al Planner REVIEWED AND APPROVED BY eJ r y W. Collier a ing Director