Presented to City Council on 11-14-2023

Hello and thank you for supporting the effort to update our City code for patio covers and sheds.

On Tuesday I presented a 5 minute talk to the city council about the change during the public comments section of the meeting agenda. They received it without comment. I think most of the council members agree that the existing code does not make sense. If any of you are willing, I strongly encourage you to write to the council members in support of the effort.

Below is the video recording, starting at where I begin to talk.

https://youtu.be/lELFBR-5kkY?si=1SV4epjURuSfOiUo&t=2482

While I only had 5 minutes, below is the fully prepare speech, I had to trim some of it to fit time. It does give you some more background on the issue and will hopefully help urge you to contact the council members directly.

Thanks!

Dan

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Ladies and gentlemen of the City Council,

My name is Dan Isla and I have been a resident and homeowner in Villa Park for almost 7 years. I'm here today to address an issue that affects many of the residents in our beautiful city -- And that is that 20% of our backyard space is currently unusable for things like patio covers and sheds. Patio covers and sheds currently have to be setback at least 10% of the lot width or 10ft from the property line. This code was adopted from the county long ago and may have made sense for smaller lots, where 10% is only about 3-5ft but here in Villa Park, 10% is easily 10ft on a half-acre lot. I approach this matter with optimism as I believe it's time to make a change so that everyone enjoy their backyards equally.

One of my major concerns with the current code is that it is only enforced if a formal complaint is made. This has led to unequal enforcement of the code, favoring those who have made a personal agreement with their neighbors not to complain. We should not be creating a system where the rules are applied unevenly based on personal relationships. It's time for a change that promotes fairness and consistency for all residents.

Furthermore, there are many existing violations of the setback requirement within our city today, but very few of them are enforced simply because complaints have not been filed. While I could just use google earth and drive around in my car submitting complaints for every violation I see, I wanted to take a more positive and proactive approach first, one that would not overwhelm the system. I believe that the majority of residents here in Villa Park are good neighbors, they understand how to respect each others space and privacy, which is probably  why there aren't so many complaints for the numerous violations that obviously exist.

Moreover, active enforcement of these violations would require the city to hire more people to handle the case load because our current enforcement officer only works part-time. How is one part-time person supposed to handle hundreds of code complaints about patio covers and sheds when they should be working on things like inspections and safety concerns? I believe there is a more efficient way to handle this issue without increasing the budget, by simply following common sense.

I would also like to draw your attention to the recent State of California code change regarding ADUs. This change mandates the relaxation of side and rear setbacks to be just 4 feet from the property line. An ADU is a complete house, a substantial structure with walls and a roof and can be 16ft high, I know because we recently had one built in our backyard. Given this mandate, it simply does not make sense that structures of much less substance like a patio cover or shed should be subject to 10-foot setbacks under our current code. We need to update our city code to align with the new state requirements for ADUs, so they make sense, and are more reasonable for homeowners.

There is a mechanism today where residents who receive formal complaints can apply for a variance to address these violations and receive a case-by-case relaxation of the code. Unfortunately, these are rarely granted and are not a practical or cost-effective solution. The process of obtaining a variance can be cumbersome, time-consuming, and costly, it's at least $3000 to the resident whether they win or lose. This is not a sustainable approach to address the issues at hand.

It's worth noting that enforcing all existing violations could also cost the city extra money in legal fees. If the city were to try and enforce hundreds of violations in court on the premise that code is only enforced when complained about, then money and time would be wasted over something as simple as a patio cover or shed. Therefore, a more balanced approach is needed, one that prioritizes the well-being of our residents while also considering the financial implications for our city.

In conclusion, we all love to enjoy our backyards here in Villa Park and want to use as much of of the space as possible, and as often as possible. I believe the majority of our residents are good neighbors, who respect each other and respect their privacy.

I urge you to consider revising our city zoning code to bring existing structures into compliance with common sense by relaxing the setback requirement for patio covers and sheds. This change will promote fairness, consistency, and efficiency in our city, while also sparing unnecessary administrative and legal costs.

Let's work together to create a zoning ordinance that reflects the values of our community, promotes harmony among homeowners, and respects the financial constraints we face as a city. I believe that by doing so, we can make Villa Park an even better place to live, and keep it's name as the Hidden Jewel. Thank you for your attention and your commitment to making positive changes for our community.