Item 24 Staff Report Consider Introducing Ordinance Amending Section 29.10.020 and Adding Section 29.40.038 of the Town Code to 29.40.038 of the Town Code to: Add Definition of Categories of Vehicle Repair, Add Restrictions Concerning the Repair of VehiclTOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: September 29, 1994
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER
SUBJECT:
COUNCIL AGENDA
DATE: 10/3/94
ITEM NOt.t.
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.
RECOMMENDATION:
1. Continue public hearing;
2. Close public hearing;
3. Find Ordinance Amendment Alternative 1 consistent with Section 2.4, Policy #9 of the General
Plan Land Use Element (Attachment 4);
4. Direct Clerk to read title;
5. Waive reading;
6. Introduce ordinance (Attachment 8).
On June 8, 1994 the Planning Commission heard this matter and recommended that the Town Council
amend the Zoning Ordinance to add definitions and restrictions about vehicle repair in residential zones. The
issue was heard by the Council on July 18, 1994, and continued. On September 6, 1994, the Council
considered this matter and Councilmember Linda Lubeck moved to continue the item to the meeting
PREPARED BY:
(Continued on page 2)
LEE E. BOWMANv-- - -4
PLANNING DIRECTOR
LEB:KB
KB1 \COUNCIL\VEHIC.REP
ATTACHMENTS: (See Page 3 for list of Attachments)
DISTRIBUTION: (See Page 3 for Distribution List)
Reviewed by: ; ;c,) Attorney Clerk �.� Finance Treasurer
Page 2
MAYOR AND TOWN COUNCIL
SUBJECT: ZONING ORDINANCE AMENDMENT A94-3, VEHICLE REPAIR
September 27, 1994
scheduled for October 3, 1994, to further study the amendment. The Council continued the item so that
Councilmember Lubeck could work with resident Pete Siemans and staff to draft a modified version of the
original ordinance amendment recommended by the Planning Commission. This modified version of the
ordinance is included as part of Attachment 9, being referred to as "Alternative 2" in this report. The original
ordinance amendment recommended by the Planning Commission will be referred to in this report as
"Alternative 3".
Many aspects of Alternative 2 have merit, yet staff is concerned with its enforceability. Alternative 2 allows
auto repair to continue for fourteen (14) days within a twelve-month period. Records of the repair days
would be impossible for staff to monitor and this responsibility should not be borne by the complainant
because it would aggravate neighborhood fueds and might not satisfy legal requirements. Staff has modified
the Planning Commission's recommended ordinance by including elements from Councilmember Lubeck's
alternative, as well as ideas suggested by resident Bill Quigley. A redlined version of the Planning
Commission's recommended ordinance is included as Attachment 10. The staff proposed amendment will
be referred to as "Alternative 1", and includes aspects which are enforceable by staff. The following table
demonstrates the key differences between Alternative 1, 2 and 3:
Alternative 1
Alternative 2
Alternative 3
Amends Sec.29.10.030 to expand the
intent section of the Zoning Ordinance
to address toxic waste and intrusion of
commercial uses in residential areas
No change to Sec.29.10.030
No change to Sec.29.10.030
Amends Sec.29.10.020 to add the
definitions of major & minor vehicle
repair
Does not distinguish between
major and minor vehicle repair
Amends Sec.29.10.020 to add
the definitions of major and
minor vehicle repair
Allows vehicle repair for 72
consecutive hours in any thirty -day
period
Allows vehicle repair for 14
days in a 12 month period
Allows vehicle repair for 36
hours
Alternative 1 would allow the repair of two licensed or unlicensed vehicles registered to or owned by a
resident of the dwelling unit. The Planning Commission established "dwelling unit" in this section to allow
vehicle repair in both single family and multi- family zones. Minor repair activities, such as motor service
or incidental repairs may be performed outside. Major vehicle repair, such as collision repair service or
engine rebuilding, must be performed inside an enclosed building. Alternative 1 allows vehicle repair for 72
consecutive hours within a thirty -day period. This is consistent with the Town's existing regulations for
parking in the front yard (see Attachment 11). Alternatives 1 and 2 only regulate vehicle repair if performed
in a place visible from the public street; backyard repair activity will continue to be unregulated in these
alternatives. Alternative 3 regulates repair on the entire lot in a residential zone.
While Alternative 1 is more restrictive than Alternatives 2 and 3, it will improve the Town's ability to quickly
resolve most vehicle repair complaints. However, it will not eliminate all of the problems about vehicle
repair. Some examples are:
• Proving ownership of non -licensed vehicles, such as golf carts and race cars.
Page 3
MAYOR AND TOWN COUNCIL
SUBJECT: ZONING ORDINANCE AMENDMENT A94-3, VEHICLE REPAIR
September 27, 1994
• The definition of "vehicle" contained in the Zoning Ordinance is not as broad as the definition
contained in the Vehicle Code. As a result, vehicles such as motorcycles will not be regulated.
• The proposed ordinance will not regulate repair of vehicles in back yards or enclosed buildings.
None the less, Alternative 1 is recommended because it strikes a balance between resolving the kinds of
complaints staff typically receives, maintaining the freedom to do personal auto repairs and minimizing the
costs of enforcement.
Because the ordinance amendments which the Council has been discussing are not substantive, the
ordinance does not need to be referred back to the Planning Commission for a report.
FISCAL IMPACT:
Approval of Alternative 1 will result in indirect cost savings to the Town. The proposed regulations will
enable staff to quickly resolve vehicle repair complaints, thereby saving staff time.
ATTACHMENTS:
8. Ordinance including staff recommended changes
9. Alternative 1 and 2 Comparison
10. Redlined version of Planning Commission recommended ordinance showing staff recommended
changes
11. Section 29.40.035. Use of front or side yard for storage
12. Letter dated September 16, 1994 addressed to The Los Gatos Town Council from Betty Grand
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 #1
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING SECTION 29.10.020 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 neighborhoods,
prevent improper disposal of environmental and toxic waste, and promote harmony between
neighbors.
SECTION II
Section 29.10.020 of the Town Code is amended to include the following definitions:
Sec. 29.10.020. Definitions.
Vehicle repair, major means engine rebuilding, major reconditioning, and collision
service, including body, frame, or fender straightening or repair.
Vehicle repair, minor means maintenance, incidental repairs, replacement of parts,
motor service, and spot painting, but does not include any activities defined as major motor
vehicle repair.
SECTION III
Section 29.10.030 of the Town Code is amended to read as follows:
Sec. 29.10.030. Intent.
1
ATTACHMENT 8
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)
(6)
(7)
To preserve the natural beauty of the Town and protect its residential
neighborhoods from the intrusion of commercial uses.
To prevent improper disposal of toxic waste.
To assure the orderly and beneficial development of all areas of the Town.
SECTION IV
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, minor vehicle repair or major vehicle repair on any Iot
in a residential zone in violation of this Section.
(b) Each vehicle being repaired shall be registered to or legally owned by a current
occupant of the lot where the work is being performed.
(c) Not more than two (2) vehicles registered to or owned by occupants of a dwelling
unit shall he undergoing repair concurrently on the lot where the dwelling unit is located.
(d) Major vehicle repair shall be performed only on a vehicle that is inside an
enclosed building.
(e) Minor vehicle repair that is either visible from a public street or within a front
or side setback may be performed when the elapsed time between the beginning and
completion of the repair does not exceed seventy-two (72) consecutive hours in any thirty
day period.
(f) For purposes of this article, "visible from a public street" means that the vehicle,
vehicle parts, or repair equipment is visible from a public street.
2
SECTION V
This ordinance was introduced at a regular meeting of the Town Council of the Town
of Los Gatos on , 199 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 , 199_. This ordinance takes effect 30 days after it is
adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
Al "PEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
n: \dev\ marie \2vehicle.rep
3
ALTERNATIVE #2
ORDINANCE
GATOS DOES ORDAIN AS FOLLOWS:
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ALTERNATIVE #1
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING SECTION 29.10.020 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
.......................................................................................................................................................
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SECTION II
Section 29.10.020 of the Town Code is amended to include the following definitions:
Sec. 29.10.020. Definitions.
Vehicle repair, major means engine rebuilding, major reconditioning, and collision
service, including body, frame, or fender straightening or repair.
Vehicle repair, minor means maintenance, incidental repairs, replacement of parts,
motor service, and spot painting, but does not include any activities defined as major motor
vehicle repair.
SECTION III
Section 29.10.030 of the Town Code is amended to read as follows:
Sec. 29.10.030. Intent.
1
ATTACHMENT 10
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SECTION IV
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, minor vehicle repair or major vehicle repair on any lot
in a residential zone in violation of this Section.
(b) Each vehicle being repaired shall be registered to or legally owned by a current
occupant of the lot where the work is being performed.
(c) Not more than two (2) vehicles registered to or owned by occupants of a dwelling
unit shall be undergoing repair concurrently on the lot where the dwelling unit is located.
(d) Major vehicle repair shall be performed only on a vehicle that is inside €elly
(e) Minor vehicle repair
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2
SECTION V
This ordinance was introduced at a regular meeting of the Town Council of the Town
of Los Gatos on , 199 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 , 199_. This ordinance takes effect 30 days after it is
adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
Al"PEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
n: \dev\marie\vehicle. rep
3
Sec. 29.40.035.Use of front or side yard for storage.
(a) In residential zones trailers, boats, trailer coaches, unmounted campers. inoperative vehicles,
vehicle parts, house cars more than twenty-three (23) feet long overall, any other vehicle not included in this
list but which is more than twenty-three (23) feet long overall, and construction equipment shall neither be
stored within the front yard required by rules of the zone, nor within any unenclosed area which is fifty (50)
feet from the curb, gutter or improved edge of any abutting street.
(b) This section does not by implication authorize the use of lots not occupied for residential
purposes for storage, nor authorize the use of front yard of lots occupied for residential purposes for any
purpose which is not normally incidental to the use of the premises for residential purposes. As used in this
section the following definitions apply:
(1) Unenclosed area, as used in this subsection (1), includes space within carports and areas
bounded by shrubbery or other natural growth. The phrase unenclosed area does not
include space surrounded by fences, other structures or hedges which effectively shield the
storage space from view for a height of six (6) feet above grade.
(2) The word stored means:
a. Placing, parking, keeping or maintaining unmounted campers, inoperative vehicles,
vehicle parts or construction equipment continuously for more than forty-eight (48)
hours.
b. Placing, parking, keeping or maintaining trailers, boats, trailer coaches, house cars
or other vehicles either for more than thirty-six (36) hours or intermittently for periods
exceeding seventy-two (72) hours in anythirty-day rty -da
y period.
(3) Construction equipment means any vehicle or other type of machine or tool, other than hand
tools, intended for use elsewhere than on the lot on which it is situated, and designed for
purposes of commercial hauling, earth moving, use in agricultural operations or building or
other types of construction.
(4) Camper, trailer, trailer coach and house car have the meanings given them in sections 243,
630, 635 and 362 of the California Vehicle Code, respectively.
(5) Inoperative motor vehicle means any motor vehicle which because of mechanical
malfunction or any other reason has not been physically or legally capable of self -
propulsion on a highway for a period of more than seven (7) consecutive days.
(6) Vehicle parts includes but is not limited to engine parts such as engine blocks, transmission,
generators, any body parts such as doors, fenders, bumpers and hoods.
ATTACH IENI 1
.RECEIVLD
SEP 221994
TOWN OF LOS GATOS
PLANNING DEPARTMENT
By
September 16, 1994
Los Gatos Town Council
Town Hall
110 E Main Street
Los Gatos, CA 95032
Dear Council Members:
Betty Grand
815 Cherrystone Drive
Los Gatos, CA 95032
SEP 2 p 1994
I am writing to you to express my deep concern regarding the proposal to permit car
repairs of any kind in residential neighborhoods.
Los Gatos residents have worked hard to create and maintain beautiful homes and gardens
in a town of great beauty. We came to Los Gatos and paid premium prices for our homes
in order to live in a quiet and picturesque environment. Nothing destroys the beauty of a
neighborhood sooner than cars under repair in driveways and front yards. We are already
experiencing dangerous and unsightly parking problems with trailers, boats, trucks, and
campers that are left on the street for days and weeks at a time.
As a long-time Los Gatos property owner I earnestly request that you deny any kind of
car repair in residential neighborhoods. I would also request that some action be taken
regarding illegal parking procedures.
Thank you for your consideration.
Most sincerely,
Betty Grand
/ATTACHMENT 12
October 3, 1994
Los Gatos, California
VERBAL COMMUNICATIONS:
BLOSSOM HILL TRAFFIC SAFETY:
Steve Warner, 16605 Oleander, parent concerned about traffic safety on Blossom Hill Road in
front of Elementary School asked Council's consideration on correcting the intersection.
HEARINGS
VEHICLE REPAIR/RESIDENTIAL LOTS/ORDINANCE CONSIDERATION (24.47)
Mayor Attaway stated that this was the time and place duly noted for public hearing to 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 and 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.
The following people from the audience spoke to this issue:
Bill Quigley, 103 Belridge Drive, spoke of enforcement of the new ordinance.
Joe Mass, 214 Gregg Drive, spoke against commercial repairs at homes but supported hobbyists
who refurbish cars and residents that do repairs on their own vehicles.
Paul Graham, 16426 Peacock Lane, is against ordinance. He purchased his home with the view
of being able to repair his own personal vehicles.
Randy Reedy, 19 N. Santa Cruz Ave., endorses alternative #1 of the draft ordinance.
John Willy, 106 Massol, collector of old cars, likes to be able to repair his cars as he sees fit.
No one else from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, to close the public hearing. Carried
by a vote of 4 ayes. Mr. Blanton was absent.
Mrs. Lubeck suggested the following changes to Alternative 1 in the staff report. That Section
III regarding the distinction between major and minor be removed. That Section IV(b) be
removed and replaced with Alternative 2, Section II(d) "It is unlawful for any person to
operate / not owned by the occupant of the lot for more than two times in any 12 month
period." Section IV(d) to be deleted and Section IV(f) to be replaced by Section II(e) of
Alternative 2 for definition of visibility.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council find the draft ordinance
amendment Alternative 1, is consistent with Section 2.4, Policy #9 of the General Plan Land
Use Element. Carried by a vote of 4 ayes. Mr. Blanton was absent.
Larry Anderson, Town Attorney, stated that this item will return to Council on the Consent
Calendar with a clean ordinance to be introduced on October 17th.
151 N SANTA CRUZ AVE/RESTAURANT/OUTDOOR BAR/APPEAL (25.09)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
appeal of Planning Commission decision to deny request to modify existing approvals granted
to operate a restaurant to allow a separate bar and outdoor dining on property in the C-2 zone.
Conditional Use Permit Application U-94-12. Property location: 151 N. Santa Cruz Ave.
Property Owner: Bacigalupi Family. Applicant: Mark Hacker.
TC: D6: MM100394 6
New Section 29.40.038 of the Town cod
Mr. Mayor and Members of the Town Council:
At the last public hearing on this new Ordnance, it was
very visible that Alternates 1 & 2 were not acceptable to
those in attendance. In reviewing the matter I would like to
present my version of how the Ordinance should be written.
Your job as Councilmen should take into consideration
the following 4 items when making your decision.
1. The majority of the property owners and people in
the Town who voted you into office. There are approximately
8500 residential and apartments in the Town. Of that number,
it is very unlikely that 2% of those owners are Car
Hobbyist, and back yard mechanics. Your decision must
satisfy 98 % of the people and yet take care of the other
2%. If this is still the United States of America,the
majority still rules.
2. The purpose of the Ordnance is to keep the Town of
Los Gatos free from environmental and toxic waste from being
flushed down our sewer drains, and to protect its citizens from
unsightly repair of cars in driveways and front yards.
Preserve the beauty of the neighborhoods, and last but not
least keep peace and harmony among the neighbors.
3. Councilwoman Lubeck has brought up the idea that
there are a number of homes in the Almond Grove District
that don't have garages. She is unaware of the fact that 20
years ago, the Almond Grove District was declared the Low
and Moderate area in Los Gatos, in order to qualify for
Loans from the Town, issued under a Federal Grant. Many of
these homes were 800 to 1000 square feet, onmud sills.
They were purchased by entrepreneurs between $20,00 and
$35,000 , who made a fast buck by remodeling them, and were
then sold for 45 to 55 thousand dollars. When they obtained
their permits, many of them converted the garages into
living area. That is why many do not have garages.
4. It is unlikely that 1% of the homeowners are Car
Hobbyist. Real Car Hobbyist do their work in their garages,
and wouldn't think of renting or buying a home without a
garage. Almond Grove District has developed into a very
nice residential area, and in order to protect the property
owners and keep harmony, no major car repair or restoration
should be permitted in driveways..
With the explanations submitted heretofore, I would
like to present a proposed version of Subject Code.
SECTION 11
A. A new section 29.40.038 of The Town Code is added to
read as follows:
a. PURPOSE: To preserve the beauty of the neighborhoods,
protect the neighborhoods from disposal of environmental and
toxic waste, and preserve the harmony of the neighbors.
b. DEFINITION OF REPAIRS: Major auto repairs defined as:
1. Complete overhaul of and / or removal of engine.
2. Replacement of brakes.
3. Replacement or removal of transmission, driving
train, and differential.
4. Removal or replacement of radiator or any major
parts of the engine. ie: air -conditioner, alternator
or any other parts that require removal of other
parts of the engine.
5. All types of body work. Including repairing the in-
terior of the car.
6. Any work that requires the placing of the car on
stands.
Minor auto repairs:
1. Changing of oil provided proper containers are used
to retrieve the oil.
2. Replacement of Ignition wiring and spark plugs.
3. Changing or rotation of tires.
4. Replacement of battery and fan belts.
5. Washing and polishing of car.
6. No Minor Repairs shall take longer than 12 hours.
c. It shall be unlawful and a public nuisance for any
person to engage in the Major Repair of an automobile,
unless it is confined to inside of a garage, building, or
enclosed within a fenced back yard.
d. It shall be unlawful and a public nuisance for any
person to engage in the Minor Repair of an automobile in a
driveway only, unless it meets the conditions as classified
under Minor Repairs. No Minor Repairs are to be made in front
yards.
e. Each vehicle being Minor repaired, shall be registered
and legally owned by the current renter or lot owner.
f. Under Major Repairs, no renter or lot owner may repair
more than two automobiles in a 6 month period.
g. ENFORCEMENT:
Any violation of this Code, will be enforced by the
LGPD and the Code Enforcement Officer.
h. PENALTIES:
First offence is subject to $100.00 fine. Second
offense is subject to $500.00 fine. Third offense is subject
to $1000.00 fine. Such fines will be placed as a lien on
subject's property.
i. All rental agreements should include a copy of this Code.