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Item 23 Staff Report Adopt Ordinance Amending Section 29.10.030 and Section 29.40.038 of the Town Code Regulating Vehicle Repair in Residential ZonesTOWN OF LOS GATOS COUNCIL AGENDA REPORT DATE: November 1, 1994 TO: MAYOR AND TOWN COUNCIL FROM: LARRY E. ANDERSON, TOWN ATTORNEY SUBJECT: COUNCIL AGENDA DATE: 11/7/94 ITEM NO. a3 ADOPT ORDINANCE AMENDING SECTION 29.10.030 AND SECTION 29.40.038 OF THE TOWN CODE REGULATING VEHICLE REPAIR IN RESIDENTIAL ZONES RECOMMENDATION: 1. Adopt the attached ordinance which was introduced at the Town Council meeting of October 17, 1994. 2. Instruct the Clerk to publish the ordinance not more than 15 days after adoption. DISCUSSION: Attached as Attachment 1 is the ordinance introduced on October 17, 1994. Attachment 2 is a brief question -and -answer sheet that attempts to address more commonly asked questions about the proposed ordinance. FISCAL IMPACT: No fiscal impact. PREPARED BY: LARRY E. ANDERSON Town Attorney LEA:yfg Revised: 11 /1 /94 4:45 pm C:\WPFILES\CNCLRPTS\VEHICLE.TCR ATTACHMENTS: Attachment 1 - Ordinance Attachment 2 - Commonly Asked Questions DISTRIBUTION: John Santomauro, 705 Blossom Hill Road, Los Gatos, CA 95032 James Powell, 207 Oakwood Way, Los Gatos, CA 95032 Randall Reedy, 19 N. Santa Cruz Avenue, Los Gatos, CA 95030 William Quigley, 103 Belridge Drive, Los Gatos, CA 95032 Reviewed by: Manager Clerk Finance Treasurer COUNCIL ACTION/ACTION DIRECTED TO: ORDINANCE ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 29.10.030 AND ADDING SECTION 29.40.038 OF THE TOWN CODE REGULATING VEHICLE REPAIR 1N RESIDENTIAL ZONES THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I The Town Council finds that it is necessary to enact additional regulation of vehicle repairs in residential neighborhoods in order to preserve the beauty of the neighborhoods, prevent improper disposal of environmental and toxic waste, and promote harmony between neighbors. SECTION II Section 29.10.030 of the Town Code is amended to read as follows: Section 29.10.030. Intent. The zoning ordinance is adopted to promote and protect the public health, safety, peace, morals, comfort, convenience, and general welfare of the Town and its inhabitants, and particularly: (5) To preserve the natural beauty of the Town and protect its residential neighborhoods from the intrusion of commercial interests. (6) To prevent improper disposal of toxic waste. (7) To assure the orderly and beneficial development of all areas of the Town. SECTION III A new Section 29.40.038 of the Town Code is added to read as follows: Sec. 29.40.038. Vehicle Repair in Residential Zones. (a) It shall be unlawful and a public nuisance for any person to engage in, or any property owner to allow to occur, vehicle repair on any lot in a residential zone in violation of this Section. (b) No repair on any vehicle visible from a street or within a front or side yard shall be performed on a lot for more than seventy-two (72) hours from the beginning to completion of the ATTACHMENT. repair. If repairs visible from a street or within a front or side yard are being performed on a lot on two (2) vehicles by or for occupants of a dwelling unit on the lot, all such repairs on both vehicles shall be completed within seventy-two (72) hours from the time that such repairs are first begun on either vehicle. When repairs on either one or two vehicles that are visible from a street or within a front or side yard are completed, no repairs by or for occupants of that dwelling unit on those or any other vehicles that are visible from a street or within a front or side yard shall occur on the lot until the time period specified in subsection (d) passes. (c) Not more than two (2) vehicles may be undergoing repair at the same time by or for occupants of a dwelling unit on the lot where the dwelling unit is located. (d) At least thirty (30) days shall elapse between the completion of vehicle repairs visible from a street or within a front or side yard on a lot by or for occupants of dwelling unit on the lot and the beginning of more such vehicle repairs by or for the occupants. (e) Vehicle repairs shall not be performed anywhere on a lot on more than two (2) vehicles not owned or registered to an occupant of the lot on which the repairs are occurring during any calendar year. (f) It is unlawful for any person to operate a vehicle repair business of any kind in a residential zone, and it shall be conclusively presumed that a vehicle repair business is being operated if vehicle repairs are performed on vehicles not owned by or registered to an occupant of the lot on which the repairs are occurring in violation of Subsection (e) above. (g) For purposes of this Section, "visible from a street" means that the vehicle, vehicle parts, or repair equipment are visible from a street; however, if the vehicle is in such a condition of appearance that an objective observer would believe that the vehicle was fully and legally operable even though it may be under repair or if the vehicle, parts, or equipment are located entirely within a garage, then it shall not be deemed to be visible from a street under this Section. For purposes of this section, "garage" means a structure that is enclosed on at least three (3) of its four (4) sides. 2 This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on , 1994 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on , 1994. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTNY/N:\AT Y1 VEHICLE8.ORD 3 ATTACHMENT 2 COMMONLY ASKED QUESTIONS ABOUT THE PROPOSED VEHICLE REPAIR ORDINANCE: 1. What if the engine is removed and the car does not look like it is under repair? Can it be left in the driveway? Yes. The ordinance provides that a vehicle repair is not "visible" if the objective observer would believe that it was operable from exterior appearances. 2. Can my grandmother bring her car to my house for repairs? Yes, so long as the repairs follow the standard restrictions. However, only 2 cars that are not owned or registered to you or another occupant of the house can be repaired at the house during any calendar year. 3. Can I spend more than 72 hours fixing my car in my backyard? Yes; as long as the car, parts, and repair equipment are not visible from a street, you can work on the car as long as you'd like if it is not located in a front or side yard. 4. Can I spend more than 72 hours fixing my car inside my garage? Yes, as long as the garage has at least 3 solid walls, you can work on the car as long as you'd like. 5. Can I have the door open on the garage while I'm working on my car? Yes, as long as the car is in the garage and not half out on the driveway. If a part of the car is outside the garage so that it is visible from a street, then the 72-hour limit applies. 6. What if I work on one car this weekend, and then want to work on my other car next weekend? The ordinance only allows you to work in a place visible from a street or in a front 1 ATTACHMENT 2 or side yard once every 30 days. You could work in the driveway on both cars this weekend for 72 hours, but once you're done, you have to wait 30 days or work on the cars in your garage or backyard. 7. Why couldn't the Town just regulate people doing business as car repair operations? Proving that a car repair is a business usually involves undercover operations and neighborhood spying. The concern is the effect of many non -owned cars under repair disturbing the neighborhood, while the car repairperson denies having a business -- even explaining it is for a large number of friends. This ordinance identifies the indicia of a car repair business and prohibits that, while allowing the normal hobbyist or backyard mechanic the opportunity to continue unaffected. 8. Who's going to enforce this ordinance? The Code Compliance Officer assigned to the Planning Department will be primarily responsible. However, because the ordinance has objective standards, the Police Department will also be able to use the ordinance when called for. 2 ATTACHMENT 2 INTERNAL TRACKING COMPLETE AND INITIAL EACH STEP ACTION AGENDA ITEM: RESOLUTION/ORDINANCE NUMBER: DESCRIPTION: BY DATE LIST IN BOOK 0--' 1/61/Cam" fad-Z) ON DISC? MARIAN'S FORM SENT TO DEPT. 1/0.Q- 1. PUBLISH IF REQUIRED - SUMMARY DATE of Public Y ) 1 //,Z , ion. // l WHEN SIGNATURE AND /s/ COPY (1 EACH) returned, LIST ON SIGNATURE TRACKING & SEND TO MAYOR /i / i SEND COPIES TO DEPT. DISTRIBUTION LIST Dist. Report Date: NO.of COPIES: TYPE ENVELOPES AND MAIL SIGN BY CLERK/SEAL ENTER INTO ECM ORDINANCE/RESOLUTION FILE PUT OUR /s/ COPY IN BASKET. POSTED FILE IN VAULT SEND FOR clk:forms\ordres2 CODIFICATION IF ORDINANCE ! OFFICE OF THE TOWN CLERK ORDINANCES & RESOLUTIONS ORIGINATING DEPT: COUNCIL AGENDA DATE: COUNCIL AGENDA ITEM: SUBJECT: Number: ATTORNEY 11/07/94 23 VEHICLE REPAIR RESOLUTION ORDINANCE Number: 1991 Date of Adopt: Date of Intro: 10/17/94 Date of Adopt: 11/07/94 ZONE CHANGE: COUNCIL ACTION: AYES: NAYS: ABSENT: ABSTAIN: OTHERS BENJAMIN BLANTON COUNCIL MEMBERS NAMES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin Mayor(or Chairman) RANDY ATTAWAY. ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK BY WEDNESDAY AT 12 NOON. ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION CLK: D14: \OTHER\ORDRES ORDINANCE 1991 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 29.10.030 AND ADDING SECTION 29.40.038 OF THE TOWN CODE REGULATING VEHICLE REPAIR IN RESIDENTIAL ZONES THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I The Town Council finds that it is necessary to enact additional regulation of vehicle repairs in residential neighborhoods in order to preserve the beauty of the neighborhoods, prevent improper disposal of environmental and toxic waste, and promote harmony between neighbors. SECTION II Section 29.10.030 of the Town Code is amended to read as follows: Section 29.10.030. Intent. The zoning ordinance is adopted to promote and protect the public health, safety, peace, morals, comfort, convenience, and general welfare of the Town and its inhabitants, and particularly: (5) To preserve the natural beauty of the Town and protect its residential neighborhoods from the intrusion of commercial interests. (6) To prevent improper disposal of toxic waste. (7) To assure the orderly and beneficial development of all areas of the Town. SECTION III A new Section 29.40.038 of the Town Code is added to read as follows: Sec. 29.40.038. Vehicle Repair in Residential Zones. (a) It shall be unlawful and a public nuisance for any person to engage in, or any property owner to allow to occur, vehicle repair on any lot in a residential zone in violation of this Section. (b) No repair on any vehicle visible from a street or within a front or side yard shall be performed on a lot for more than seventy-two (72) hours from the beginning to completion of the repair. If repairs visible from a street or within a front or side yard are being performed on a lot on two (2) vehicles by or for occupants of a dwelling unit on the lot, all such repairs on both vehicles shall be completed within seventy-two (72) hours from the time that such repairs are first begun on either vehicle. When repairs on either one or two vehicles that are visible from a street or within a front or side yard are completed, no repairs by or for occupants of that dwelling unit on those or any other vehicles that are visible from a street or within a front or side yard shall occur on the lot until the time period specified in subsection (d) passes. (c) Not more than two (2) vehicles may be undergoing repair at the same time by or for occupants of a dwelling unit on the lot where the dwelling unit is located. (d) At least thirty (30) days shall elapse between the completion of vehicle repairs visible from a street or within a front or side yard on a lot by or for occupants of dwelling unit on the lot and the beginning of more such vehicle repairs by or for the occupants. (e) Vehicle repairs shall not be performed anywhere on a lot on more than two (2) vehicles not owned or registered to an occupant of the lot on which the repairs are occurring during any calendar year. (f) It is unlawful for any person to operate a vehicle repair business of any kind in a residential zone, and it shall be conclusively presumed that a vehicle repair business is being operated if vehicle repairs are performed on vehicles not owned by or registered to an occupant of the lot on which the repairs are occurring in violation of Subsection (e) above. (g) For purposes of this Section, "visible from a street" means that the vehicle, vehicle parts, or repair equipment are visible from a street; however, if the vehicle is in such a condition of appearance that an objective observer would believe that the vehicle was fully and legally operable even though it may be under repair or if the vehicle, parts, 2 or equipment are located entirely within a garage, then it shall not be deemed to be visible from a street under this Section. For purposes of this section, "garage" means a structure that is enclosed on at least three (3) of its four (4) sides. This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on October 17, 1994 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on November 17, 1994. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: Linda Lubeck, Patrick O'Laughlin, Mayor Randy Attaway NAYS: None ABSENT: Joanne Benjamin ABSTAIN: Steven Blanton SIGNED: /s/ Randy Attaway MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA AI 1EST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTNY/N:ISHARE\AT110794.023 3 November 7, 1994 Los Gatos, California LOS GATOS CREEK TRAIL/COMERICA BANK/RESOLUTION 1994-151 (19.26) Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-151 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO SIGN A LETTER OF AGREEMENT WITH COMERICA FOR FUNDING 0 F 14 FOOT SOUND WALL ALONG LOS GATOS CREEK TRAIL, and increase budget for Trail Developer Fees from $0 to $24,500 and increase budget for trail construction from $535,080 to $559,580. Carried by a vote of 4 ayes. Mrs. Benjamin absent. LOS GATOS CREEK TRAIL/CIVIL ENGINEERING ASSOC/RESOLUTION 1994-152 (20.26) Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-152 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE CHANGE ORDERS FROM CIVIL ENGINEERING ASSOCIATE S FOR LOS GATOS CREEK TRAIL PROJECT, which authorizes expenditure of $4,010 from account 4450-85330 as presented in this meeting's desk item. Carried by a vote of 4 ayes. Mrs. Benjamin absent. WEEDS/PUBLIC NUISANCE/RESOLUTION 1994-153 (21.27) Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994- entitled, RESOLUTION OF THE TOWN OF LOS GATOS DECLARING WEEDS A PUBLI C NUISANCE AND PROVIDING FOR THEIR ABATEMENT, setting December 5, 1994 as a public hearing date on this annual program. Carried by a vote of 4 ayes. Mrs. Benjamin absent. 151 N SANTA CRUZ AVE/RESTAURANT/OUTDOOR BAR/RESOLUTION 1994-154 (22.09) ( D Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994- entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY A REOUEST TO MODIFY EXISTING APPROVALS GRANTED TO OPERATE A RESTAURANT TO ALLOW A SEPARATE BAR AND OUTDOOR DINING ON PROPERTY IN THE C-2 ZONE WITH CONDITIONS; CONDITIONAL USE PERMIT APPLICATION U-94-12, which incorporates the findings and decision of the Town Council at its meeting of October 17, 1994. Carried by a vote of 4 ayes. Mrs. Benjamin absent. VEHICLE REPAIR/RESIDENTIAL LOTS/ORDINANCE 1991 (23.47) Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Ordinance 1991 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 29.10.030 AND ADDING SECTION 29.40.038 OF THE TOWN CODE REGULATING VEHICLE REP AIR IN RESIDENTIAL ZONES, which was introduced at the Town Council meeting of October 17, 1994. Carried by a vote of 3 ayes. Mr. Blanton abstained. Mrs. Benjamin absent. Town Attorney, Larry Anderson, noted submittal of a petition from Bradley Bosomworth. VERBAL COMMUNICATIONS: Town Finances: Andrew J. Palmisano, 702 More Ave., spoke regarding the financial condition of the Town, the economical use of resources and the options for appropriate use of revenues. Traffic Control on Wedgewood Mark Medalie, 17251 Wedgewood Ave., asked for Council's consideration of traffic control and 4) safety on this road and asked that additional patrol vehicles be assigned. TC: De: MM110794 4