Item 15 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 VehiclCOUNCIL AGENDA
DATE: 7/5/94
ITEM NO. /
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: June 30, 1994
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER
SUBJECT: CONSIDER INTRODUCING ORDINANCE AMENDING SECTION 29.10.020 AND ADDING
SECTION 29.50.048 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. Open and hold public hearing;
2. Close public hearing;
3. Find Ordinance Amendment 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 1).
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.
PREPARED BY:
2 (Continued on page 2)
LEE E. BOWMAN
PLANNING DIRECTOR
LEB:CA 6/30/94 9:54 am
CA10\CNCLRPTS\vehic.rep File #
ATTACHMENTS: (See Page 3 for list of Attachments)
DISTRIBUTION: (See Page 3 for Distrib tion List)
Reviewed by:
Attorney Clerk ' L' finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ZONING ORDINANCE AMENDMENT A-94-3, VEHICLE REPAIR
June 30, 1994
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.
The proposed ordinance (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.
The current ordinance only regulates inoperative vehicles in the required front yard setback, whereas 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, it will not
eliminate all of the problems about vehicle repair activities. Several examples are described below.
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 be dificult to monitor the duration of minor vehicle repair (36 consecutive hours) to
determine if a violation has occured.
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 motocycles and scooters will not be
regulated.
The Planning Commission modified the text of Section 29.10.048(c) as follows:
"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".
This section is intended to allow residents of apartments or condominiums to repair their vehicles in the
same way as residents of single family dwellings.
Please see the Planning Commission report (Attachment 2) for additional details. The draft Planning
Commission minutes are included as Attachment 3. Photos submitted to the Planning Commission by
Randall Reedy will be displayed at the Town Council hearing.
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.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: ZONING ORDINANCE AMENDMENT A-94-3, VEHICLE REPAIR
June 29, 1994
ATTACHMENTS:
1. Draft Ordinance
2. Planning Commission report, dated May 26, 1994.
3. Draft Planning Commission minutes of Planning Commission meeting of June 8, 1994.
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
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING SECTION 29.10.020 AND ADDING SECTION 29.50.048 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 Code of the Town of Los Gatos is amended to read as follows:
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 II
Section 29.50.048 of the Code of the Town of Los Gatos is added to read as follows:
Sec. 29.50.048. 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 entirely inside a fully
enclosed building.
(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 thirty-
six (36) consecutive hours.
ca 10\cncl rpts\vehicrep.ord
1
ATTACHMENT 1
SECTION III
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 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
ca10\cnclrpts\vehicrep.ord 2
Date: May 26, 1994
For Agenda Of: June 8, 1994
REPORT TO:
FROM:
SUBJECT:
FINDINGS:
ACTION:
ENVIRONMENTAL
ASSESSMENT:
EXHIBITS:
RECOMMENDATION
SUMMARY:
A. BACKGROUND:
Agenda Item: 4
The Planning Commission
Lee E. Bowman, Planning Director
Zoning Ordinance Amendment A-94-3
Public Hearing to consider amendments to the Town Code to modify provisions
relating to the following matters:
1. Add definition of categories of vehicle repair
2. Add restrictions concerning the repair of vehicles on residential lots
These matters will not have a significant impact on the environment, and are,
therefore, exempt from the requirements of the California Environmental Quality
Act.
APPLICANT: Town of Los Gatos
The Planning Commission must make a finding that the Zoning Ordinance
amendment is consistent with the General Plan if it recommends approval.
Recommendation to Town Council.
It has been determined that this ordinance could not possibly have a significant
impact on the Environment; therefore, the ordinance is not subject to the
California Environmental Quality Act (Section 15061(b)(3)).
A. Draft Ordinance
Recommendation to Town Council for adoption.
Over the past several years, staff has experienced difficulties in resolving complaints about vehicle repair
activities in residential zones. Although commercial vehicle repair is prohibited in residential zones, non-
commercial vehicle repair is allowed by Town Code. However, the Code does not limit the extent of
non-commercial vehicle repair activities, which makes it difficult to resolve complaints from residents.
Most enforcement problems stem from residents who state that they repair vehicles as a "hobby". At times
there are several vehicles in their rear yards in various stages of "repair". Some hobbyists repair not only
their own vehicles but also their friends' vehicles on a continuous basis. Others repair vehicles commercially
while claiming that their activities are a hobby. Enforcement is particularly difficult in this instance since it
is virtually impossible to prove a commercial business is being conducted.
Vehicle repair in residential areas has, in several cases, resulted in ongoing complaints from neighbors. The
neighbors are concerned about continuous repair activities, several vehicles being repaired at the same time,
and commercial repair activities being conducted under the guise of a hobby. These residents feel the
traffic, noise and visual impact constitute a blight on their neighborhood which reduces their property values
and affects their quality of life. They are especially concerned with a continuous stream of "fixer -uppers."
Some "hobbyists" continuously repair their own cars, as well as their neighbors' cars and their friends' cars.
Some "hobbyists" appear to be conducting a commercial operation and it is difficult and time consuming
for staff to determine whether vehicles are being repaired commercially or as a hobby. Due to these
difficulties, the resolution of vehicle repair complaints occupies a significant amount of staff time. If staff
determines that the repair activities appear to be a hobby, the Town can only regulate the noise nuisance
aspects and the storage of inoperative vehicles in the required front yard, but not the repair activities
themselves. This situation continues to frustrate adjacent residents and property owners. Major vehicle
repair activities that are currently allowed to be performed in the rear yard sometimes persist for months.
ATTACHMENT. 2
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING SECTION 29.10.020 AND ADDING SECTION 29.50.048 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 Code of the Town of Los Gatos is amended to read as follows:
Sec. 29.10.020. Definitions.
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SECTION II
Section 29.50.048 of the Code of the Town of Los Gatos is added to read as follows:
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PLANNING COMMISSION MINUTES --3
JUNE 8, 1994
NEW PUBLIC HEARINGS
ITEM 4 Zoning Ordinance Amendment A-94-3
Public Hearing to consider amendments to the Town Code to modify provisions relating to
the following matters:
Add definition of categories of vehicle repair
Add restrictions concerning the repair of vehicles on residential Tots
These matters will not have a significant impact on the environment, and are, therefore,
exempt from the requirements of the California Environmental Quality Act.
APPLICANT: Town of Los Gatos
Chair Jensen noted the proposed amendment applies throughout the Town of Los Gatos
and the purpose of the hearing was not to arbitrate any disputes but to discuss the specifics
of the amendment in general. Discussion should be limited to specifics of the proposed
ordinance and not complaints about a specific property.
Randy Reedy, attorney, 19 N. Santa Cruz Ave., stated he was representing Terry and Kathy
Donohue of 209 Oak Wood Way and speaking in support of the ordinance based on the
fact any of the things that have happened to the Donohue's could happen in any other
neighborhood in the Town should the ordinance not be approved. Mr. Reedy stated an
automotive service was conducted next door to his client's home on a daily basis with a
large number of automobiles, that it is difficult to ascertain whether an automotive operation
is being done as a commercial operation or being done for the benefit of family or friends
without compensation. Mr. Reedy submitted a copy of a billing made for services rendered
and pictures taken by the Donahue's over a period of time of the adjacent home/business.
Reedy stated whether or not such an activity in a neighborhood is a hobby or commercial
is irrelevant when it undermines the integrity of the zoning regulations. Current regulations
do not limit the number of persons working on vehicles or the number of vehicles that can
be worked on. Issues include the storage and disposal of toxic waste and hazardous
materials.
Comm. Chase expressed his concern that the proposed ordinance could hurt hobbyists.
Some portions of the ordinance, such as limiting repair to current residents, were good and
should take care of many problems without affecting hobbyists. To limit repairs to being
finished within 36 hours would be limiting to a typical hobbyist.
Attorney Anderson stated any repair taking longer than 36 hours would have to be done
inside a fully enclosed structure.
Chase stated this could hurt a hobbyist who may not own a garage but could do automotive
restoration in a quiet and compatible way and not disturb the neighbors. A typical hobbyist
doesn't work full time at a hobby but as time permits and noted it also regulated vehicles
in the backyard.
Anderson stated most people do not care to watch the repair of cars out in the open.
Catherine Christy, 209 Oak Wood Way, stated her understanding was that the car being
worked on would have to be registered to the owner and in that case the hobbyist's rights
would not be violated.
ATTACHMENT 3
PLANNING COMMISSION MINUTES --4
JUNE 8, 1994
Chase stated he felt having the provision that the car being worked on had to belong to the
person doing the work took care of the problem; he favored that part of the proposed
ordinance as it eliminated the commercial operation.
Christy stated the operation at 207 Oak Wood Way has an employee working from 9:00 a.m.
to 9:00 p.m., six/seven days a week.
Terry Donahue, 209 Oak Wood Way, stated the crux of the issue was to provide code
compliance with a tool to enforce zoning regulations as they were intended. Commercial
automotive businesses are incompatible with a residential neighborhood.
Donna Ballantine, 215 Oak Wood Way, spoke in support of the proposed ordinance.
No one else wished to speak; public portion of hearing closed.
MOTION Comm. Abkin moves, seconded by Comm. Decker, to recommend to Town Council
adoption of Zoning Ordinance Amendment A-94-3 with the findings that it is consistent with
the General Plan, in particular the Land Use Element Sec. 2.4, Policy 9, which states that
uses which would lead to a deterioration, reduction of values, or adversely impact the public
safety or residential character of the residential neighborhood shall be prohibited.
Abkin asked for clarification on Sec. 29.50.048(c) of the proposed ordinance.
Ms. Arruiza stated it referred to apartment buildings or condominiums on the same lot and
it meant more than one resident person could repair two cars.
Chair Jensen asked if the intent was to limit one person's ability to repair cars to two cars.
Arruiza concurred. Jensen asked, if there were two residences on a lot, then, it was the
intent of the ordinance that each person would be allowed to repair two cars registered to
that person. Arruiza stated that was correct.
Jensen restated the issue that any one person may not repair more than two vehicles at the
same time on the same lot.
Chase clarified that the vehicle being repaired had to belong to a resident but the person
doing the repair did not have to be a resident; two persons living in separate units on the
same lot could have four vehicles under repair.
Abkin noted if a lot is a multi -dwelling lot it should not be limited to only one resident able
to have two vehicles repaired, and no one else in the complex being allowed to have their
vehicle repaired.
Discussion was held regarding the wording for Sec. 29.50.048(c) and concluded the wording
should read "Not more than two (2) vehicles shall be undergoing repair at the same time
per dwelling unit on the same lot by the same person."
Comm. Chase suggested (d) and (e) of Sec. 29.50.048 be deleted; (a), (b) and (c) would
take care of a commercial operation. Requiring an enclosed structure would eliminate many
hobbyists.
Anderson stated one of the largest problems in code enforcement was to identify abandoned
vehicles because as long as the registration is current it's almost impossible to cite or
remove the vehicle. Suggested limiting the enclosed structure requirement to certain zoning
districts. Most new apartment buildings are fully enclosed buildings but Los Gatos doesn't
a9743
s
PLANNING COMMISSION MINUTES --5
JUNE 8, 1994
have that kind of housing stock. Instead of abolishing (d) and (e), as they are the only tools
code enforcement can have to abate abandoned vehicles on private property and to abate
the hobbyist who scatters car parts all over the front yard, suggest limiting it to one or two
zoning districts, such as R-1 or R-2.
Comm. Abkin stated he was sympathetic to the true hobbyist but the attorney's suggestion
might not be a bad thing.
Comm. Decker noted the ordinance is enforced only if someone brings a complaint.
Ross cautioned against that rationale; the Town has an obligation to enforce ordinances
whether there is a complaint or not.
As maker of the motion Comm. Abkin stated he was not inclined to change the motion.
Motion passes 4-1.
AYES: Commissioners Abkin, Decker, Jensen and Pacheco
NOES: Commissioner Chase
ABSTENTIONS: None
ABSENT: Commissioners Morgan and Rudolph
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.
ca 10\cnclrpts\vehicrep.att
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:Ik:forms\ordras2
July 5, 1994
Los Gatos, California
HEARINGS
VEHICLE REPAIR/RESTRICTIONS/RESIDENTIAL LOTS/ORDINANCE INTRODUCTION.
(15.09)
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 29.50.048
of the Town Code to add definition of categories of vehicle repair and to 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.
Mr. Blanton stated that because of family history pertaining to this matter he would
excuse himself from the proceedings.
Mrs. Lubeck questioned the amount of time involved in investigating these complaints
and the current laws which govern the matter.
Mr. O'Laughlin felt that the definition in the proposed Ordinance would eliminate the
situation of trying to make a determination between a business and a hobby.
Mrs. Benjamin inquired as to contact with other cities and their regulations regarding
this matter.
Mr. Bowman responded that several ordinances had been brought to staffs attention
which they felt would address these concerns.
Mrs. Lubeck voiced some concern over the language of the purposed Ordinance.
The following people spoke in favor of the Ordinance:
Michael Jones, Attorney, 19 N. Santa Cruz Avenue representing Terry Donahue and
Kathy Christy who have been affected by vehicle repairs in their neighborhood. They
are not only concerned with the repairing of vehicles but also the increased traffic of
truck which deliver parts for the vehicles and the storage of any toxic or hazardous
waste resulting from the repairs.
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin to close the public hearing.
Carried 4 ayes, one absent.
TC:D6:MM070594 4