Ordinance - 2113ORDINANCE NO. 2113
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 THE REGULATION
OF HYDRAULIC LIFTS AND SIMILAR TYPES OF AUTO REPAIR
EQUIPMENT WITHIN THE "SINGLE-FAMILY RESIDENTIAL" (R-1),
"RESIDENTIAL AGRICULTURAL" (R-A), AND MULTIPLE FAMILY
ZONES. (CODE AMENDMENT NO.03-04)
WHEREAS, Code Amendment No. 03-04 is a City -initiated code amendment related to
hydraulic lifts and similar types of auto repair equipment within the "Single -Family Residential' (R-
1) and "Residential Agricultural' (R-A) Zones and;
WHEREAS, on August 12, 2003, the Planning Commission held a study session to evaluate
the regulations related to hydraulic lifts and similar types of auto repair equipment within the
"Single -Family Residential" (R-1) and "Residential Agricultural' (R-A) Zones and;
WHEREAS, based on the information provided at the study session, staff was directed by
the Planning Commission to draft a code amendment to regulate hydraulic lifts and similar
equipment within the City of West Covina; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 10`h day
of February, 2004, conduct a duly advertised public hearing as prescribed by law; at which time the
Planning Commission adopted Resolution No. 04-4919 recommending to the City Council
approval of Code Amendment No.03-04; and
WHEREAS, the City Council considered evidence presented by the Planning
Commission, Planning Department, and other interested parties at a duly advertised public
hearing on the 2nd day of March, 2004; and the 6th day of April, 2004; and
WHEREAS, studies and investigations made by this Council and in its behalf reveal the
following facts:
1. Chapter 26 of the West Covina Municipal Code (Zoning) should be amended to change the
existing code and prohibit hydraulic lifts and similar types of auto repair equipment within
the "Single -Family Residential' (R-1), "Residential Agricultural' (R-A), and Multiple
Family Zones.
2. A code amendment is proposed to add new code language to Section 26-392 and 26-438
(Vehicles in Residential Zones), The sections will consist of the storage of tools, motor
vehicle parts and supplies, the proper disposal of fluids and liquids taken out of a motor
vehicle and to prohibit hydraulic lifts and similar types of auto repair equipment within the
"Single -Family Residential" (R-1), "Residential Agricultural' (R-A), and Multiple Family
Zones.
3. The proposed action is considered to be exempt from the provisions of the California
Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA
Guidelines, in that the proposed action consists of a code amendment which does not have
the potential for causing a significant effect on the environment.
•NOW, THERFORE, the City Council of the City of West Covina, California, does
hereby ordain as follows:
SECTION NO. 1: Based on the evidence presented and the findings set forth, Code
Amendment No. 03-04 is hereby found to be consistent with the West Covina General Plan and the
implementation thereof.
Ordinance No. 2113
Page 2 of 2
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SECTION NO. 2: The City Council of the City of West Covina hereby amends Chapter 26
of the West Covina Municipal Code (Zoning) as shown on Exhibit "A."
SECTION NO. 3: The proposed action is considered to be exempt from the provisions of
the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA
Guidelines, in that the proposed action consists of a code amendment which does not have the
potential for causing a significant effect on the environment.
SECTION NO. 4: The City Clerk shall certify to the passage of this Ordinance and shall
cause the same to be published as required by law.
PASSED AND APPROVED on this 20th day of April, 2004.
ATTEST:,,'
ity Clerk Janet.Berry
�� -"-
Mayor Michael L. Miller
I, JANET BERRY, CITY CLERK of the City of West Covina, do hereby certify that the
foregoing ordinance was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 6th day of April, 2004. That, thereafter, said Ordinance was
duly adopted at a regular meeting of the City Council on the 20th day of April 2004 by the
following vote:
AYES: Hernandez, Wong, Miller
NOES: Herfert, Sanderson
ABSENT: None
APPROVED AS TO FORM:
City Attorney Arn d Alvarez-Glasman
City Clerk Ja et Berry
Exhibit A
Article VI1I. Residential Agricultural Zone/Single Family Zone
Division 2 — Development Standards
• See. 26-392. Vehicles in residential zones.
Purpose. The provisions of this section are intended to reinforce community standards
and to promote an attractive residential appearance in the city's neighborhoods. The size,
number, and location of parked and stored vehicles in residential zones are regulated to
preserve the appearance of neighborhoods as predominantly residential in character.
These regulations apply to all residential uses in R-1 and RA zones.
(a) Commercial vehicles. It shall be unlawful to park or store any commercial
vehicles, trailers, or other related equipment. The provisions of this subparagraph
(a) do not apply to passenger vehicles, pickup trucks, passenger or cargo vans, or
recreational vehicles.
(b) Allowed parking area. For residentially zoned lots developed with a single-family
residence, allowed parking areas, in addition to a permitted garage or carport, are:
(1) Paved areas of the front yard, defined as all yard area between the
front property line and the main building on the lot.
(2) Areas of interior side, street side, or rear yards which are fully screened by
solid six-foot fences or walls and/or view -obscuring landscaping, except
within five (5) feet of the rear property line.
(3) Public sidewalks and paved areas of a public parkway are not considered
allowed parking areas.
(c) Utility trailers and accessory recreational vehicles. Utility trailers and accessory
recreational vehicles may be parked in allowed parking areas, except they may
not be parked between the front lot line and the front building line.
(d) Inoperable vehicles. It shall be unlawful to park or store any inoperable vehicle in
any front yard, or any other yard where not screened from all off -site ground -level
views, for more than seventy-two (72) hours. Up to two (2) inoperable vehicles may
be parked for any length of time in an enclosed garage or the rear or side yards
where such yards are completely enclosed with six-foot solid walls or fences.
(e) Auto repair and service.
(1) It shall be unlawful to service or repair any vehicle, inoperable or not,
whether or not registered to the occupant of the property, or otherwise
belonging to him/her, except completely within the garage, carport, or on
the driveway. Only one (1) vehicle at a time may be serviced or repaired on
the driveway or in a carport per residential lot.
(2) Notwithstanding subparagraph (e)(1), it shall be unlawful to conduct more
than two (2) incidents of repair or service within a 30-day period on
vehicles not registered or otherwise belonging to the occupant(s) of the
property on which the repair or service is taking place. An incident shall
• include all repair or service activities occurring within a 72-hour period.
This section shall not apply to an incident of repair or service required by
an emergency.
(3) An incident of repair or service under subparagraphs (e)(1) and (2) shall be
allowed only if the repair or service is conducted between 8:00 a.m. and
10:00 p.m., noise levels created do not exceed the ambient noise level by
more than five (5) decibels at the property line, and the repair or service
complies with applicable environmental, health and safety codes and
regulations. Further, use of power tools (pneumatic or electrical) shall not
be permitted beyond the hour of 8:00 p.m.
(4) No tools motor vehicle parts supplies or equipment used for automobile
repair and service shall be left, stored or maintained outdoors in a location
that is readily visible from a public right-of-way or an adjoining property
• upon any overnight interruption or cessation of repair work.
(5) All fluids, liquids and oil or other petroleum products that are taken out of
a motor vehicle or used in conjunction with any repair work shall be
disposed of in a lawful manner. In no instance shall these products or
substances be allowed to drain or spill onto adjoiningproperty or into the
public right -of- way, storm drain, plumbinl* system or sewer system
(6) Hydraulic vehicular lifts and/or similar tvpes of mechanical or h draulic
equipment (as determined by the Planning Director) are prohibited from
being installed, kept, stored, maintained or otherwise used for conducting
automotive repair or storing of vehicles
(f) Operations of vehicles on private property. The following shall apply:
(1) It shall be unlawful to operate any motor vehicle (as defined in section 415
of the Vehicle Code of the State of California) upon the private property
of another without first obtaining the written permission of said owner.
(2) Persons who obtain permission from private property owners to operate
motor vehicles thereon shall maintain in their possession such written
permission at all times when operating motor vehicles on said private
property.
(3) This subparagraph (f) in no way prohibits the use of such private property
by:
a. Emergency vehicles.
b. Vehicles of commerce in the course of the conduct of normal
business.
c. Vehicles being operated on property devoted to commercial purposes
where the general public is expressly or implicitly invited to such
property.
d. Vehicles operated on property actually used for residential purposes
and where such vehicle is there at the express or implicit invitation
of the owner or occupant.
(g) Public nuisance. It shall be declared unlawful and a public nuisance for any person
owning, leasing, occupying, or having charge or possession of any residential property in
the city to allow the existence of any violation of this section.
Article IX. Multiple -Family Zones
Division 2. Permitted and Prohibited Uses
Sec. 26-438. Vehicles in MF zones.
Purpose. The provisions of this section are intended to reinforce community standards
and to promote an attractive residential appearance in the city's neighborhoods. The size,
number, and location of parked and stored vehicles in residential zones are regulated to
preserve the appearance of neighborhoods as predominantly residential in character.
These regulations apply to all residential uses in multi -family zones.
(a) Commercial vehicles. It shall be unlawful to park or store any commercial vehicles,
trailers or other related equipment. The provisions of this subparagraph (a) do not apply
to passenger vehicles, pickup trucks, passenger or cargo vans, or recreational vehicles.
(b) Utility trailers and accessory recreational vehicles. Utility trailers and accessory
recreational vehicles may be parked in enclosed parking areas only.
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(c) Inoperable vehicles. No more than one (1) inoperable vehicle may be kept on -site
per dwelling unit, and may be kept on -site for no more than seventy-two (72) hours.
If so kept, an inoperable vehicle must be fully within a garage, carport, or other
approved parking space.
(d) Auto repair and service.
(1) It shall be unlawful to service or repair any vehicle, inoperable or not,
whether or not registered to an occupant of the property, or otherwise
belonging to him/her, except completely within the garage, carport, or
other approved parking space. Only one (1) vehicle at a time may be
repaired or serviced in a carport or approved parking space per dwelling
unit.
(2) Notwithstanding subparagraph (d)(1), it shall be unlawful to conduct more
than two (2) incidents of repair or service within a 30-day period on
vehicles not registered or otherwise belonging to the occupant(s) of the
property on which the repair or service is taking place. An incident shall
include all repair or service activities occurring within a 72-consecutive-
hour period. This section shall not apply to incidents of repair or
service required by an "emergency."
(3) An incident of repair or service under subsections (d)(1) and (2) shall be
allowed only if the repair or service is conducted between 8:00 a.m. and
10:00 p.m., noise levels created do not exceed the ambient noise level by
more than five (5) decibels at the property line, and the repair or service
complies with applicable environmental, health, and safety codes and
regulations. Further, use of power tools (pneumatic or electric) shall not be
permitted beyond the hour of 8:00 p.m.
(4) No tools motor vehicle parts supplies or equipment used for automobile
repair and service shall be left stored or maintained outdoors in a location
that is readily visible from apublic right-of-way or an adjoining property
upon any overnight interruption or cessation of repair work
(5) All fluids liquids and oil or other petroleum products that are taken out of
a motor vehicle or used in conjunction with any repair work shall be
disposed of in a lawful manner. In no instance shall these products or
substances be allowed to drain or spill onto adjoining property or into the
public right -of- way, storm drain plumbing system or sewer system
(6) Hydraulic vehicular lifts and/or similar types of mechanical or hydraulic
equipment (as determined by the Planning Director) are prohibited from
being installed, kept, stored, maintained or otherwise used for conducting
automotive repair or storing of vehicles
(e) Public nuisance. It shall be declared unlawful and a public nuisance for any person
• owning, leasing, occupying, or having charge or possession of any residential property in
the city to allow the existence of any violation of this section.
(Ord. No. 2030, § 4, 4-20-99)
Editor's note: Ord. No. 2030, § 4, adopted April 20, 1999, repealed in their entirety the
provisions of former § 26-438 and created a new § 26-438 as set out herein. Former § 26-
438 pertained to prohibitions regarding the parking or storing of commercial vehicles.
For a detailed history of the provisions of former § 26-438, please refer to the Code
Comparative Table.
• Sees. 26-439--26-450. Reserved.
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