Item 26 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 VehiclFISCAL IMPACT:
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: July 13, 1994
TO: MAYOR AND TOWN_ COUNC
FROM: TOWN MANAGER
SUBJECT:
COUNCIL AGENDA
DATE: 7/18/94
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.
RECOMMENDATION:
1. Determine whether Alternate 1 or Alternate 2 is the preferred ordinance amendment (Attachment
1);
2. Find Ordinance Amendment consistent with Section 2.4, Policy #9 of the General Plan Land Use
Element (Attachment 4);
3. Direct Clerk to read title;
4. Waive reading;
5. Introduce preferred ordinance (Attachment 2 or 3).
6. Instruct the Town Clerk to publish a summary of the ordinance at least five days before adoption.
(Continued on page 2)
PREPARED BY: LEE E. BOWMAN
PLANNING DIRECTOR
LEB: 7/13/94 4:39 pm
N:DEV\CNCLRPTS\vehic.rep File #
ATTACHMENTS: (See Page 3 for list of Attachments)
DISTRIBUTION: (See Page 3 for Distribution List)
Reviewed by:
Attorney CI-rk "! Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ZONING ORDINANCE AMENDMENT A-94-3, VEHICLE REPAIR
July 13, 1994
DISCUSSION:
On June 8, 1994, the Planning Commission heard this matter and recommended to the Town Council that
the Town Code be amended to add definitions and restrictions about vehicle repair in residential zones.
Currently Town Code prohibits commercial vehicle repair in residential areas. However, non-commercial
vehicle repair is allowed. Continuous vehicle repair activity and vehicles in the rear yard in various stages
of "repair" are perceived as nuisances to residents. Additionally, some people repair vehicles commercially
while claiming their activities are a hobby. In this case, enforcement is difficult since it is virtually impossible
to prove a business is being conducted.
On July 5, 1994, the Council considered the Planning Commission's recommendation, and Councilmember
Lubeck said that she thought that there could be a more equitable ordinance developed. The Council
continued the matter to July 18th so that Councilmember Lubeck could work with staff to draft an alternative
amendment. The alternative amendment is shown as Alternate 2 on Attachment 1.
The Planning Commission recommended ordinance (Alternate 1 on Attachment 1) would allow the repair
of two licensed or unlicensed vehicles registered to or owned by a resident of the dwelling unit. Minor repair
activities, such as motor service or incidental repairs may be performed outside. Major vehicle repair, such
as collision service or engine rebuilding, must be performed inside fully enclosed buildings.
In response to Council concerns over the 36-hour limitation on outdoor minor vehicle repairs, the ordinance
was redrafted in Alternate 1 to provide up to 72 hours (a 3-day weekend) for outdoor vehicle repair. The
Council may choose a different number (location is highlighted on Attachment 2).
Councilmember Lubeck's suggested amendment would allow a person to perform up to three 72-hour
repairs on vehicles a year not owned by the occupant. Minor and Major vehicle repair could be performed
outside for two 72 hour periods during any 30 day period with a minimum interval of 96 hours.
The current ordinance only regulates inoperative vehicles in the required front yard setback, whereas both
versions of the proposed ordinance would regulate auto repair on the entire property.
While the new ordinance is more restrictive and will improve the Town's ability to quickly resolve most
vehicle repair complaints, the three items listed below were identified as problems with the amendment
recommended by the Planning Commission:
1. The ordinance will regulate repair of both licensed and unlicensed vehicles. The ownership of
licensed vehicles will be relatively easy to ascertain; however it will be more difficult to verify the
ownership of non -licensed vehicles, such as golf carts and race cars.
2. It will be difficult to monitor the duration of minor vehicle repair (72 consecutive hours) to determine
if a violation has occurred.
3. 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 and scooters will not be
regulated.
Councilmember Lubeck's amendment does not solve No. 1 and may complicate it because non -owned
vehicles will have to be tracked to ensure that no more than three are repaired during a calendar year. The
monitoring problems with No. 2 will be increased because the proposed regulations are more complex.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: ZONING ORDINANCE AMENDMENT A-94-3, VEHICLE REPAIR
July 13, 1994
FISCAL IMPACT:
Approval of the proposed amendment 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:
1. Table showing Planning Commission recommended Draft Ordinance shown side by side with the
Draft Ordinance suggested by Councilmember Lubeck.
2. Draft Ordinance (Alternate 1) for introduction.
3. Draft Ordinance (Alternate 2) for introduction.
4. Section 2.4, Policy 9 of the General Plan Land Use Element (Attachment 4).
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
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SECTION I
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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
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 vehicle
repair.
SECTION II
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 a fully
enclosed building.
ALTERNATE #1
ATTACHMENT
(e) Minor vehicle repair may be performed outside a fully enclosed building only
when the elapsed time between the beginning and completion of the repair does not exceed
..............................................................
seventy, two (72) hours.
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:
A'FIEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\VEHRPR1.PLN
ALTERNATE #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
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 vehicle
repair.
SECTION II
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, except that during a calendar year,
the occupants of each dwelling unit on the lot may perform up to three (3) 72-hour periods
of vehicle repair as defined and limited by Subsections (c) and (d) below on the lot on
vehicles not registered or legally owned by a current occupant of that dwelling unit.
(c) Not more than two (2) vehicles shall be undergoing repair concurrently by
occupants of a dwelling unit on the lot where the dwelling unit is located.
(d) Major vehicle repair or minor vehicle repair may be performed outside a fully
enclosed building only under the following conditions:
(1) The repair work is done for no more than 72 consecutive hours;
ALTERNATE #2
ATTACHMENT 3
(2) Occupants of a dwelling unit do not perform vehicle repair during more than two
(2) periods as limited by subsection (1) above during any thirty (30) day period;
(3) No less than 96 hours elapses between the end of a period of repair under
subsection (1) above by occupants of a dwelling unit and the beginning of a subsequent
period under subsection (1) by the same occupants.
(4) In case repairs to a vehicle are not completed during the period specified in
subsection (1) above, the vehicle under repair shall be either:
(A) Placed inside a fully enclosed structure; or
(B) Put in such a condition of appearance that an objective observer would
believe that the vehicle was fully and legally operable; or
(C) Remove the vehicle from the lot to a location where it is legal to either
store or continue repair of the vehicle.
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:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ALTERNATE #2
2.0 LAND USE ELEMENT
2.4 POLICIES
9. The Town shall protect existing residential area by assuring that buffers are developed and
maintained between them and other types of areas. Buffers shall consist of landscaping, sound
barriers, and other design attributes required at the time such uses are approved to minimize the
impact of possibly conflicting uses. Uses which would lead to deterioration, reduction of values, or
adversely impact the public safety or the residential character of the residential neighborhood shall
be prohibited.
cat 0\cnclrpts\vehicrep.att
ATTACHMENT 4
jitiSH
LJMPLETE AND INITIAL EACH
d C lq,ey
06)10-r'
INTERNAL TRACKING
ACTION
AGENDA ITEM:
RESOLUTION/ORDINANCE NUMBER: DESCRIPTION:
DATE
BY
LIST IN BOOK
MAZ8Z.,
ON DISC? MARIAN'S FORM SENT TO DEPT.
PUBLISH IF REQUIRED - Indicate date of
ORDINANCES ONLY Publication.
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
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.
FILE IN VAULT
SEND FOR CODIFICATION IF ORDINANCE f.
i
clk:forms\ordres2
July 18, 1994
Los Gatos, California
Mr. Knapp, Town Manager, responded that the actual vehicle traffic bridge was
constructed in 1915 and the construction of the pedestrian bridge last year was meant
to be a temporary solution for school children crossing the bridge. It was always the
intent to replace the vehicle and pedestrian bridge in the near future.
Mr. O'Laughlin indicated that the short term pedestrian bridge was just a stop -gap
measure and was a portable and temporary structure which could be moved when the
vehicle bridge was constructed. He can therefore support the land acquisition, design
and preliminary work which will be accomplished at this time.
Mrs. Lubeck is concerned about reducing the sidewalk program and would like to some
other form of revenue used for the completion of the Quito Bridge project.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin to accept the report and to reduce
1994-1995 Capital Improvement Project budget account #4480-85305 Sidewalk Program
from $125,000 to $115,000 and transfer $10,000 to 1994-1995 CIP Budget - Road Safety
4480-85315. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin to accept the report and to reduce
1995-1996 CIP Budget Account #4480-85305 Sidewalk Program from $250,000 to
$205,000 and transfer $45,000 to 1994-1995 CIP Budget - Road Safety 4480-85315 which
includes $5,000 contingency. Carried by three votes. Mrs. Benjamin and Mayor
Attaway absent.
VEHICLE REPAIR/RESTRICTIONS ON RESIDENTIAL LOTS. (26. )
TC:D6:MM071894
Mr. Blanton indicated that due to a personal conflict regarding this subject matter he
would not take part in the discussion nor vote on the matter. However, he will remain
on the dias so that the Council will have a quorum for discussion purposes.
Mrs. Lubeck suggested that Council should take input from the public on this matter
this evening but, due to the absence of two Council Members and Mr. Blantons
abstention, the matter should be continued to allow for full Council participation.
Joe Moss, 213 Greg Drive, spoke against restrictions on home vehicle repair due to the
number of people who enjoyed restoring antique vehicles as a hobby. He also feels that
there are restrictions that can be put in place to prevent junk yard operations and
commercial vehicle repairs in residential zones.
13
July 18, 1994
Los Gatos, California
Stephanie Maloney, 205 Oakwood, spoke regarding Jim Powell's residence which, she
feels, has been singled out for the restrictions in the proposed Ordinance. Ms. Maloney
presented a petition signed by thirteen neighbors who support Jim Powell and testify to
the esthetics of his property. Ms. Maloney feels the complaint made has been initiated
due to a personal vendetta by one neighbor.
Peter Seimens, 69 Ellenwood Avenue, spoke against restrictions on home vehicle repair
which could restrict the hobbiest from restoring antique vehicles or repairing personal
vehicles. Mr. Seimens feels that there are two separate issues, one being the home
repair/hobby issue and the other being commercial business in residential zones. Mr.
Seimens offered to assist the Council and staff in drafting an Ordinance which would
address both issues.
Richard Leech, 127 Belridge Drive, spoke in favor of an Ordinance which would limit
vehicle repairs to automobiles not owned by the property owner. He feels minor repairs
should be allowed but should be done inside a garage and not in public view.
Motion by Mr. O'Laughlin, seconded by Mrs. Lubeck, to continue this matter to
Tuesday, September 6, 1994. Carried by two votes. Mr. Blanton abstained. Mrs.
Benjamin and Mayor Randy Attaway absent.
ADJORNMENT
TC: D6: MM071894
Motion by Mr.Blanton, seconded by Mrs. Lubeck, that this evening's meeting be
adjourned at 10:25 p.m. Carried by three ayes. Mrs. Benjamin and Mayor Attaway
absent.
ATTEST:
MarLyn J. Rasmussen
Executive Assistant
Senior Deputy Clerk
14