Item 17 Staff Report Consider Introducing Ordinance Amending Section 29.10.020 and Adding Section 29.40.038 of the Town Code to: Add Definition of Categories of Vehicle Repair, Add Restrictions Concerning the Repair of Vehicle on Residential Lots.TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: October 14, 1994
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER
SUBJECT:
COUNCIL AGENDA
DATE: 10/17/94
ITEM NO. /
CONSIDER INTRODUCING ORDINANCE AMENDING SECTION 29.10.020 AND
ADDING SECTION 29.40.038 OF THE TOWN CODE TO:
1. ADD DEFINITION OF CATEGORIES OF VEHICLE REPAIR
2. ADD RESTRICTIONS CONCERNING THE REPAIR OF VEHICLES ON
RESIDENTIAL LOTS
THIS MATTER WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT AND
IS, THEREFORE, EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT. ZONING ORDINANCE AMENDMENT A-94-3.
APPLICANT: TOWN OF LOS GATOS. (CONTINUED FROM OCTOBER 3, 1994)
RECOMMENDATION:
1. Find Ordinance Amendment consistent with Section 2.4, Policy #9 of the General Plan Land Use
Element;
2. Direct Clerk to read title;
3. Waive reading;
4. Introduce ordinance (Attachment 14).
The draft ordinance (Attachment 14) has been redrafted per Council direction at the October 3, 1994
meeting. In addition to including and exchanging various paragraphs in the two versions of the draft
ordinance reviewed by the Council on October 3rd, staff has also rewritten and added several paragraphs
to close some loopholes that became apparent from the combination. Please see Attachment 13 to see
these changes.
(Continued on Page 2)
PREPARED BY: LEE E. BOWMAN
PLANNING DIREC OR
LEB:BL:sm 10/14/94 1:18 pm
SMOG\CNCLRPTS\VEHICLE.ORD
ATTACHMENTS: (See Page 2 for list of Attachments)
DISTRIBUTION: (See Page 2 for Distribution)
Reviewed by:
Attorney
Clerk
COUNCIL ACT6N/ACTION DIRECTED TO:
Finance Treasurer
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ZONING ORDINANCE AMENDMENT A-94-3
October 14, 1994
One possible weakness still remains. The draft ordinance includes the provision that vehicles under repair
in a garage are not considered to be visible from a street and are therefore unregulated. However, it is
important to note that the Zoning Ordinance defines garages in a way that includes carports. As a result,
it would be possible for someone to continuously repair a vehicle in a carport (or in a garage with the door
open) that would be visible from a street. In order to correct this defect, Council could eliminate carports
for the purpose of this section.
Please note Attachment 15, a letter from Bill Quigley who objects to the lack of distinction between major
and minor repair. To accommodate his objection, Council could put the definition of minor and major repair
back into the ordinance and add a paragraph restricting major repair in the front yard.
ATTACHMENTS: (Attachments 1 through 12 previously submitted)
13. Comparison chart
14. Draft Ordinance
15. Letter from Bill Quigley dated October 11, 1994
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
ALTERNATIVE
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ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
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ATTACHMENT 13
fender straightening or repair.
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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 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.
ATTACHMENT 14
(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) consecutive 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 more than one vehicle 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.
(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 a vehicle not
owned by or registered to an occupant of the lot on which the repairs are occurring more
than twice, and for no more than seventy-two (72) hours each time, 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.
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:
Al I EST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTNY/C:ZWPFILES2PLEADING®VEHICLE6.0RD
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Los Gatos, Calif.
October 11, 1994
ZeeBbwman, Planning Director
Town of Los Gatos.
Los Gatos, Calif.
Lee:
In reading the Weekly News, I was a little surprised
to read that the Ordinance drafted by the Staff, was changed
to omit the distinction between Major and Minor repairs.
I guess I didn't fully understand all the verbiage that
Concilman Lubec was giving out, which resulted in this
change. Unless there is a distinction between Major and
Minor repairs, and unless major repairs are not confined
into closed areas, there is no need for an ordinance.
I for one do not want to see any major repairs being
made in my neighborhood in driveways. I believe, that all
the people who came before the Council objecting to this,
will now believe that it is a useless cause and a waste of
time. It certainly doesn't speak well for the Council, when
they ask for imput and ignor it.
Bill Quigley
ATTACHMENT 15