CITY COUNCIL AGENDA ITEM
Meeting Date: June 13, 2006
Subject/Title: Introduce and waive the first reading of an ordinance to
regulate vehicle and boat repair in residential zone, and adding a new
Chapter 10.23 to the Brentwood Municipal Code.
Prepared by: Berenice Arteaga, Senior Code Enforcement Officer
Submitted by: Howard Sword, Community Development Director
That the City Council introduce and waive the first reading of an ordinance
to regulate vehicle and boat repair in residential zones, and add a new
Chapter 10.23 to the Brentwood Municipal Code.
Code Enforcement receives complaints on a regular basis concerning vehicle
repair in residential zones. Often the complaints are about an engine
rebuilding project or some other major repair that is occurring over a
prolonged period of time with a vehicle dismantled in the driveway. When
carried to an extreme, this situation can create visual blight, can
constitute a fire hazard and at the least have a negative impact on the
The current language in the municipal code provides little direction for
enforcement of the above described situation. The intention of this code
amendment is to provide limits and standards for conducting permitted
repairs in residential zones. Regular maintenance repairs such as oil
changes, brake jobs and the like that do not take over 48 hours will be
permitted in the driveway in public view. Repairs that take longer, such as
engine rebuilding, would be required to take place within a fully enclosed
garage. Residents would be allowed to spot paint vehicles within a garage,
but any other painting of vehicles would be prohibited in a residential
zone. Materials and equipment used to repair vehicles must be stored in a
fully enclosed garage.
There would be no fiscal impact to the City. This action involves only the
addition of new text to the municipal code.
Ordinance adding Chapter 10.23 Vehicle Repair to the Brentwood Municipal
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADDING A NEW
CHAPTER 10.23 VEHICLE REPAIR TO THE BRENTWOOD MUNICIPAL CODE
WHEREAS, the City Council finds that the repair and/or dismantling of
vehicles in public view in residential zones has a negative impact on the
livability and appearance of the City; on the availability of driveways for
parking, on property values and can pose safety and/or health hazards to
children and adults;
WHEREAS, the City Council determines that the public health, safety and
welfare require the prohibition of the repairing and dismantling of vehicles
in public view in residential zones, except under certain circumstances as
further described below.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Brentwood:
1. That Title 10 of the Brentwood Municipal Code is amended to add a new
Chapter 10.23 Vehicle Repair, which shall read as follows:
Chapter 10.23 Vehicle Repair
Sec. 10.23.010 Purpose and Intent.
The City Council finds that the repair and/or dismantling of vehicles in
public view in residential zones has a negative impact on the livability and
appearance of the city, on the availability of driveways for parking, on
property values, and can pose safety and/or health hazards to children and
adults. The City Council determines that the public health, safety, and
welfare require the prohibition of the repairing or dismantling of vehicles
in public view in residential zones, except under certain circumstances.
Section 10.23.020 Definitions.
For the purposes of this chapter, the following words shall have the meaning
set forth herein:
Boat: A vessel used for the transportation of merchandise and persons.
Dismantling: To partially or wholly disassemble a vehicle.
Major repairs: “Major repairs” include pulling an engine block, repair or
replacement of transmissions, radiators, and front and rear axles,
dismantling, body and fender work, glass replacement, vehicle upholstery,
and/or similar work.
Registered/registration: A current, valid California registration for a
vehicle conforming to Vehicle Code § 4000 or Vehicle Code § 9840 et seq. for
Residential zones: “Residential zones” are those areas of the city zoned for
residential use, whether for single-family or multiple-family dwellings.
Routine maintenance: “Routine maintenance” includes changing oil and tires;
replacement of water pump, alternator, battery, brakes, shocks, oil and air
filters, and spark plugs; and similar work.
Vehicle: A “vehicle” is a device by which any person or property may be
propelled, moved, or drawn upon a highway or street, excepting a device
moved exclusively by human power or used exclusively by human power upon
stationary rails or tracks. The term ‘vehicle’ as used in this chapter shall
include a passenger vehicle or truck (exceeding truck tractor or any vehicle
exceeding a maximum gross weight limit of 7200 pounds of base curb weight),
recreational vehicle, trailer, boat mounted on trailer, motorcycle, motor
scooter, golf cart, or other similar self-propelled vehicle, special
interest vehicle, or other vehicle referenced in California Vehicle Code
section 5051, and other vehicles of similar kind and use. Vehicle does not
mean a motorized wheelchair, bicycle, tricycle or quadricycle.
Section 10.23.030 Routine maintenance permitted.
An occupant of any property located in a residential zone may perform
routine maintenance on a vehicle or boat registered to him/her in public
view in the driveway of his/her premises. The routine maintenance may be
performed where the elapsed time between the beginning and the end of the
maintenance does not exceed forty-eight (48) hours. Proof of registration of
any vehicle or boat on which routine maintenance is occurring shall be
provided to any city police officer or code enforcement officer upon request
of that officer. Routine maintenance shall not be conducted on more than two
(2) vehicles registered to an occupant of the property at any one time.
Section 10.23.040 Major repairs prohibited.
It shall be unlawful for any person in any residential zone to perform major
repairs or dismantling in public view on any vehicle, boat, or part thereof,
except for major repairs or dismantling which takes place in a fully
enclosed garage. If such work takes place in a fully enclosed garage, the
garage door shall be closed when the work is not in progress.
Section 10.23.050 Vehicle Painting.
Vehicle painting, other than spot painting within a fully enclosed garage,
shall not be permitted in residential zones.
Section 10.23.060 Working hours.
No routine maintenance or major repairs shall take place before 8:00 a.m. or
after 9:00 p.m. on any day.
Section 10.23.070 Tools and equipment.
All tools and equipment, including but not limited to jacks, engine hoists
and vehicle lifts must be stored in a fully enclosed garage or shed.
Section 10.23.080 Clean up.
Upon completion of any work allowed by this section to be performed in
public view, the property shall be cleaned of all debris, oil, grease,
gasoline, cloths, rags, tools and equipment, or material used in the work,
and shall be left in such a condition that no hazard to persons or property
shall remain. Cleanup of the property shall be done in compliance with all
local, state and federal laws, rules and regulations.
THE FOREGOING ORDINANCE was introduced with the first reading waived at a
regular meeting of the Brentwood City Council on the 13th day of June, 2006,
by the following vote: