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CITY COUNCIL AGENDA ITEM NO. 7

Meeting Date: July 25, 2006

Subject/Title: Waive second reading and adopt Ordinance No. 834 to regulate vehicle and boat repair in residential zones, by 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

RECOMMENDATION
Waive second reading and adopt Ordinance No. 834, adding a new Chapter 10.23 to the Brentwood Municipal Code.

PREVIOUS ACTION
On July 11, 2006 Council introduced and waived the first reading of Ordinance No. 834 regulating vehicle and boat repair in residential zones by adding a new Chapter 10.23 to the Brentwood Municipal Code.

BACKGROUND
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 neighborhood.

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 72 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.

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 No. 834 adding Chapter 10.23 Vehicle Repair to the Brentwood Municipal Code

ORDINANCE NO. 834

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, 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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