Item 26 Desk Item 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 VehiclesTOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: July 18, 1994
TO: MAYOR AND TOW COUNCIL
FROM: TOWN MANAGER
SUBJECT:
DISCUSSION:
COUNCIL AGENDA
DATE: 7/18/94
ITEM NO. 26
DESK ITEM
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.
Add the letter from Claire S. Northon, received July 15, 1994 your staff report as Attachment 5 and the
letter from Ellen L. Hill, received July 18, 1994 as Attachment 6.
PREPARED BY: LEE E. BOWMAN Z4....._
PLANNING DIRECTOR
LEB:mb 7/18/94 3:42 pm
N:DEV\CNCLRPTS\A-94-3.dsk File #
ATTACHMENTS: 5. Letter dated July 5, 1994 from Claire S. Northon (2 pages)
6. Letter dated July 14, 1994 from Ellen L. Hill
Reviewed by:
Attorney Clerk Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
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Vol. 113, No. 49 Wednesday, July 13,1994
LUBECK SIDETRACKS
• TOWN COUNCIL' S
HOME AUTO- REPAIR
ORDINANCE
She beats civil -liberties drum
for backyard hobbyists
New version is due July 18
By WES PEYTON
Thumping what she called her "civil lib-
erties drum" in behalf of back -yard auto-
motive -repair hobbyists, Los Gatos Town
Council member Linda Lubeck temporar-
ily sidetracked a town effort to crack
down on open-air repair operations.
With Councilmember Steven Blanton
abstaining, the council voted 4-0 on July 5
to give Lubeck until July 18 to come up
with a better antinuisance ordinance than
the one submitted by Planning Director
Lee E. Bowman.
Blanton, who conceded that his family
has had a long-standing feud with a neigh-
borhood auto rebuilder who claims hobby-
ist status, voluntarily took himself out of the
discussion, which became heated at times.
Los Gatos attorney Michael Jones, rep-
resenting Terry Donohue and Catherine
Christy, a pair of Oak Wood Way resi-
dents, called the proposed ordinance "a
neighborhood -preservation act."
"My clients," he said, "have dealt with
this problem for two years. They need an
ordinance with teeth in it."
As submitted by Bowman, the proposed
law would forbid more than two cars
Please turn to page 8
Auto repair
Continued from page 1
being repaired at the same time o
the some property, and both cars
would have to be owned by the
property owner. Further, only
minor repairs could be undertake
in the driveway, and the repairs
would have to be completed within
36 hours. Major repairs would be
restricted to closed garages.
The problem, Bowman
explained, is that it is virtually
impossible to prove that a "hobby-
ist" isn't really conducting an auto -
repair business from his home, a
clear violation of zoning regulations.
But, he argued, with this ordinance,
it makes no difference whether the
amateur mechanic is working for
fun or profit.
"The operation is out of sight, and
that's what we get the complaints
about," the planning director con-
tinued, "neighbors offended at what
appears to be an auto -wrecking
yard next door, oil running into the
gutter,parts scattered all over."
"hut," said Lubeck, who confid-
ed that she once was married to a
man who collected Corvairs as a
hobby, "that puts the genuine hob
byist at a disadvantage becaus
there are neighborhoods in town
Almond Grove for one —that don'
have garages. Nobody living there
could ever replace a transmission oc
rebuil
Lubeck suggested that a rliffer-
ent yardstick should be found to
separate the hobbyist from the
commercial mechanic, "maybe
the number of cars on the prop-
erty at any one time."
Bowman said he didn't think that
would work as well, a position con-
curred with by Mayor Randy Att- .
away and Vice Mayor Patrick F.
O'Laughlin. Both, however, joined
Councilmember Joanne Benjamin
to give Lubeck two weeks to confer
with Bowman and Town Attorney
Larry E. Anderson and produce an
ordinance she can live with. "Other-
wise, I'm voting no," Lubeck
promised.
JUL 1 8 1994
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