HomeMy WebLinkAbout1995/09/18 Board of Appeals & Advisors Agenda Packet (3)
ITEM 114A
Page 1 of 2
- INFORMATION MEMORANDUM -
DATE: September 10, 1995
TO: Chairman Triplette and Members, Board of Appeals and Advisors µq
FROM: Kenneth G, Larsen, C,B,Q" Director of Building and ~~ 6q
Secretary, Board of Appeals and Advisors
SUBJECT: Storage of Inoperable Vehicles on Residential Property
At the August 12, 1995 meeting of the Board of Appeals and Advisors, several questions
were raised concerning storage of vehicles in residential areas, The following will
address many of the issues and concerns that were raised at this meeting, and summarize
our proposed amendments to the Municipal Code which are designed to clarify the
regulations regarding storage and repair of vehicles,
As currently written, Chapter 10,80 outlines specific procedures for the abatement and
removal as public nuisances of any abandoned, wrecked, dismantled, or inoperable
vehicles or parts thereof from public or private property (in accordance with the
provisions of Section 22660 of the California Vehicle Code), The only exceptions
permitted under Section 10,80,030 include, "A vehicle or parts thereof which is
completely enclosed within a building in a lawful manner where it is not visible from the
street or other public or private property" ", This restriction would prevent a homeowner
from keeping even a single part of a vehicle in their back yard, regardless if it is behind
a six foot wall and fully screened from public view, Such a restriction is contrary to
Section 19,58,260 of the Municipal Code which clearly allows limited vehicle repair and
storage in residential areas,
Given the restrictive language in Section 10,80,030, we are proposing to amend it to be
consistent with other portions of the Municipal Code and City Council intent to allow
limited vehicle repair and storage on residential property, provided such storage is in an
"otherwise lawful manner behind a solid fence, gate, or wall not less than six feet in
height, and where it is not readily visible from the street or other public or private
property, , , " ,
It is felt the aforementioned amendment will clarify some of the ambiguity that currently
exists regarding vehicle storage and repair, and where such uses are permitted on a
residential lot.
ITEM il4A
Page 2 of 2
Ordinance No, 2508 Note: Addition
Page 2 made to Section
19.80.030 only.
the presence of an abandoned. wrecked, dismantled or inoperative vehicle or parts thereof,
on private or public property not including highways, except as expressly hereinafter
permitted, is declared to constitute a public nuisance which may be abated as such in
accordance with the provisions of Sections 10,80,010 through 10,80,:¡.w gQ,
10.80.020 Definitions.
As used in Sections 10,80,010 through lO,80,:¡.w gQ, the following terms and phrases shall be
interpreted and construed as set forth herein:
A. "Highway" means a way or place of whatever nature, publicly maintained and open to the use of
the public for purposes of vehicular travel. Highway includes street, The term "public property"
does not include "highway",
B, "Owner of the land" means the owner of the land on which the vehicle, or parts thereof, is located,
as shown on the last equalized assessment roll,
C, "Owner of the vehicle" means the last registered owner, and legal owner of record,
D. ''Vehicle'' means a device by which any person or property may be propelled, moved or drawn upon
a highway, except a device moved by human power or used exclusively upon stationary rails or
tracks,
I\.. "Buildin~ Official" desi~nates the Director of Buildin~ and Housin~ as the Buildin~ Official,
10,80,030 Exemptions from applicability - Scope.
The provisions of Sections 10,80,010 through 10,80,:¡.w 112 shall not apply to:
A. A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner...2!:
otherwise stored in a lawful manner behind a solid fence, ~ate or wall not less than six feet in
hei~ht. and where it is not readily visible from the street or other public or private property; or
B, A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in
connection with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer, or
when such storage or parking is necessary to the operation of a lawfully conducted business or
commercial enterprise,
Nothing in this section shall authorize the maintenance of a public or private nuisance as defined
under the provisions of law other than Chapter 10 (commencing with Section 22650) of Division
II of the Vehicle Code of the State of California. and Sections 10,80,010 through 10,80,:¡.w 120,
10.80.040 Regulations not exclusive.
The provisions of Sections 10,80,010 through 10,80,:¡.w ~ are not the exclusive regulation of
abandoned, wrecked, dismantled or inoperative vehicles within the City, They shall supplement and be in
addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the City,
'Ie State, or any other legal entity or agency having jurisdiction,
,