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CITY COUNCIL AGENDA ITEM NO. 18

Meeting Date: July 11, 2006

Subject/Title: Introduce and waive the first reading of an ordinance to regulate vehicle and boat repair in residential zones, add 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

RECOMMENDATION
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.

PREVIOUS ACTION
On June 13, 2006 a Public Hearing was opened and closed and this matter was continued until the Council Meeting of June 27, 2006. On June 27, 2006, a Public Hearing was re-opened and closed and this matter was continued until the Council Meeting of July 11, 2006.

BACKGROUND
On the meeting of June 13, 2006, after opening and closing the public hearing, the Council suggested amending two sections. The first amendment would change the time permitted for routine maintenance from 48 hours to 72 hours. The other concern was the daily start and finish times permitted for both routine and major repairs. This section was removed in it’s entirety in this proposed ordinance. If vehicle repairs are conducted during any hour, day or night, that creates a noise disturbance, it would be a disturbing of the peace incident that is processed by the Police Department.

FISCAL IMPACT
There would be no fiscal impact to the City. This action involves only the addition of new text to the municipal code.

Attachment:
Ordinance adding Chapter 10.23 Vehicle Repair to the Brentwood Municipal Code

ORDINANCE NO.

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 boats.
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 seventy two (72) 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 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 10.23.070 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 _____day of __________ 2006, by the following vote:
 

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