On February 21, 2017, the City Council approved the first reading of Ordinance 1191.
Municipal Codes require periodic updates to ensure consistency with City policies and State law, to improve clarity and to better serve the public. Staff has identified a number of provisions in the Brea Zoning Code requiring review and revisions. The goals for this omnibus amendment are to:
- Provide clarity related to certain Zoning Code provisions; and
- Ensure internal consistency.
The updates proposed below consist of deleting/replacing definitions, updating standards and deleting outdated or inconsistent information. If approved, the proposed amendments will be adopted as part of an “omnibus” ordinance comprised of updates to eight sections of the Zoning Code. An omnibus ordinance is the packaging of a collection of amendments relatively small in scale, having a limited scope of impact into one “omnibus” ordinance. These amendments correct typographical errors, fix section references, and clean up existing Code language. State law allows a municipality to submit up to five omnibus ordinances within a one year period. This code amendment update request would be the City’s first proposed omnibus ordinance amendment for the year 2017.
DISCUSSION
Over time, staff has identified updates needed for the Code due to changes in policy, new laws and standards, or modifications to other sections of the Code. As part of this review process, staff worked with other departments and divisions, technical experts and the City Attorney to review and consider the proposed changes. Additionally, staff surveyed and analyzed codes and policies from other agencies as appropriate and applicable. The result of this effort is four code amendments to various sections of the Municipal Code. To compare current and proposed text, language to be deleted is shown in strikethrough font and language to be added is shown in underline font. The following provides an overview of the current Code, the issue, and the proposed amendment:
Code Amendment 1: Definition of Director
Section 18.08.100 of Chapter 18.08 of the City Municipal Code defines “Director” as The Director of Development Services. The definition reference to “Director of Development Services” is an outdated reference and not consistent with the current City of Brea Community Development and Public Works Departments’ organizational structure. The proposed amendment would replace “The Director of Development Services” with “The Public Works Director” in Section 18.08.100 of Chapter 18.08 of Title 18 of the Brea City Code is proposed to be amended as follows:
- DIRECTOR.
The Director of Development Services. The Public Works Director. Where the staff title is no longer used by the City, the staff position most closely associated with this position, as determined by the City Manager, shall be the designated authority.”
Code Amendment 2: Definition of Director
Section 20.00.070 of Chapter 20.00 of the Brea City Code is an update to the definition of “Director”. This definition update is for consistency with the City of Brea’s organization structure which would define the director as the “The Community Development Director”. Section 20.00.070 of Chapter 20.00 is proposed to be amended as follows:
“DIRECTOR. The City of Brea Director of Development Services, referred to in this Zoning Code as the "Director," or the Director's designee.” The Community Development Director. Where this staff title is no longer used by the City, the staff position most closely associated with this position, as determined by the City Manager, shall be the designated authority.”
Code Amendment 3: Definition of Commercial Vehicles
Section 20.00.070 of Chapter 20.00 of the Brea City Code is an update to the definition of “Commercial Vehicles”. The current definition states that:
- Any vehicle classified by the State of California as a commercial vehicle must be compliant with State vehicles laws, and;
- Weighs three (3) tons (e.g., six thousand (6,000) pounds) or more.
As currently defined based on vehicle weight in the City Code, this standard makes personal vehicles, such as: Ford, Chevrolet, and Dodge trucks, sport utility vehicles, and vans which range from 6,000-10,000 pounds noncompliant with Code. To remain compliant with City Code and relevant to current practices and developments, the definition update would modify the gross weight to delineate commercial vehicles from motor vehicles and recreational vehicles; and allow an increase in gross vehicle weight from 6,000 pounds to 12,000 pounds. This definition update will allow personal vehicles to be compliant with City Code, and continue to prohibit commercial vehicles from operating or conducting a permanent business within a residence. Section 20.00.070 of Chapter 20.00 is proposed to be amended as follows:
“COMMERCIAL VEHICLE. Any vehicle classified by the State of California as a commercial vehicle in compliance with Cal. Vehicle Code § 260 and that weighs three (3) tons (e.g., six thousand (6,000) pounds) or more vehicles that have a gross vehicle weight of more than 12,000 pounds.
Code Amendment 4: Prohibited Uses in the Residential Zones
As a result of the Code Amendment 3 definition update, various residential development standards will need to be amended as they pertain to the prohibited parking of vehicles over ¾ tons (1,500 pounds). To remain compliant with the new City Code definition update for Commercial Vehicle, the following residential development standards will need to be amended: Sections 20.200.030B 20.208.030A, 20.212.030A, 20.216.030A and 20.220.030A of Title 20 of the Brea Municipal Code and listed below:
Chapter 20.200.030, Subsection “B” is proposed to be amended as follows:
B. The parking or storage of commercial vehicles trucks over ¾-ton capacity.”
Chapter 20.208.030, Subsection “A” is proposed to be amended as follows:
A. Parking or storage of commercial vehicles trucks over ¾-tons in size.”
Chapter 20.212.030, Subsection “A” is proposed to be amended as follows:
A. Parking or storage of commercial vehicles trucks over ¾-tons in size.”
Chapter 20.216.030, Subsection “A” is proposed to be amended as follows:
A. Parking or storage of commercial vehicles trucks over ¾-tons in size.”
Chapter 20.220.030, Subsection “A” of is proposed to be amended as follows:
A. Parking or storage of commercial vehicles trucks over ¾-tons in size.” |