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HomeMy WebLinkAboutZOA 87-3 RV STORAGE 1988 a MINUi'ES PALM DESERT PLANNING COMMISSION JANUARY 5, 1988 VI. CONSENT CALENDAR None. VII. PUBLIC PEAR]WGS A. Continued Case No= 87�-3)- CITY OF PALM DESERT, Applicant Request for approval of an amendment to zoning ordinance chapter 25.58.070 A & B to allow special limitations in the residential zone. Action: WITHDRAWN B. Case No. DA 86-7 AMENDMENT - PAMELA SMALLWOOD, Applicant Request for an amendment to DA 86-7 removing contradictory provisions resulting fran approved amendments to PP 86-43 relating to congregate care services offered as part of a 243 unit senior housing project located on 23 acres on the north side of Fred Waring Drive, 1400 feet east of Cook Street. Mr. Drell explained that when the last amendment was approved, sane wording was overlooked in the development agreement that should be deleted to make it consistent. Commission and staff discussed in-lieu fees and when these fees would be available for use. Chairman Erwood opened the public testimony and asked if anyone present wished ' to address the aammission, in FAVOR or OPPOSITION. There being no one, the public testimony was closed. Action: Moved by Commissioner Ladlow, seconded by Commissioner Whitlock, adopting the findings as presented by staff. Carried 3-1 (Commissioner Richards voted no). Moved by Commissioner Ladlow, seconded by Commissioner Whitlock, adopting Planning Commission Resolution No. 1269, recommending approval of DA 86-7 Amendment to city council. Carried 3-1 (Commissioner Richards voted no). 2 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 3, 1987 VII. PUBLIC HEARINGS A. Continued Case No. ZOA 87-3 - CITY OF PALM DESERT, Applicant Request for approval of an amendment to zoning ordinance chapter 25. 58. 070 A & B to allow special limitations in the residential zone. Mr. Diaz explained that this item had been continued by commission with , a request for further notification. He explained that Mr. Allen was present to answer any questions. Mr. Frank Allen requested that certain requirements be applied: 1 ) present site plan of property and where vehicles would be parked; 2) photograph of vehicle; 3) proof of being registered owner; 4) CC&R's compliance shown by written approval from homeowner's association. Mr. Diaz stated that he felt that this could be handled at the staff i.evel by the zoning administrator and if a problem occurs, the matter can then be appealed to the planning commission. He indicated that the only case of hardship would be that of a person who could not park a vehicle in the back. Chairman Erwood opened the public testimony and asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed. MRS. MARGARET TOWNSEND, 73-150 Guadelupe, stated that she .has had her 25' length vehicle for 13 years and it sits in the driveway. She also stated that she keeps her property in excellent condition and no neighbors complain. She informed commission that there was no way that she could put the RV in the backyard and indicated that she has never heard of this law and did not feel it was fair. MR. CARL ANDERSON, 72-920 Homestead, stated that if there are problems with some RV's , they can be dealt with under the nuisance ordinance and this proposed amendment would not be necessary. Commissioner Richards asked Mr. Allen to give a brief summary of the reason for this amendment; he did so. Commissioner Richards asked Mr. Allen if most homeowners associations already have the proposed amendment in their CC&R's and Mr. Allen replied yes, but it is costly to enforce. Chairman Erwood asked Mr. Allen if the homeowners associations were taking this problem to the city because it is to expensive for them to enforce; Mr. Allen replied that that was part 2 MINUTES ` PALM DESERT PLANNING COMMISSION NOVEMBER 3, 1987 of the reason, but indicated that individual neighbors also complain. Upon questioning regarding complaint documentation, Mr. Allen responded that when complaints are taken they are not broken down, but clarified that 35 to 40 complaints within three to four months are being received. MR. DON THOMPSON, De Anza, stated that he has fought the RV issues since inception. He felt that most complaints are from realtors trying to sell houses in the neighborhood. He stated that recently Indio has had a rash of RV burglaries. He suggested that the city buy property and hire a security officer and have a storage area. He felt that the city was taking away too many personal rights and making law breakers out of honest citizens. MR. JAMES SEIRS, resident of Palm Desert since 1962, asked the commission to consider what they are doing. He stated that there is not sufficient or adequate storage available with protection. MRS. TOWNSEND addressed the commission and indicated that everyone had pledge allegiance to the flag at the beginning of the meeting and felt that the home owners deserved a lot more consideration. Chairman Erwood responded by saying that changes are being proposed to try to make the ordinance workable and when talking about American citizenship, that is why we are having changes are being proposed, to establish a better ordinance. He asked Mrs. Townsend how she would change the ordinance for council recommendation. Mrs. Townsend stated that she would prefer having no ordinance and if a nuisance occurs, it can be abated like complaints against homes. She noted that. on Guadelupe there is no curb and gutter at this time and that makes parking on the street hazardous. MR. TONY THOMPSON, El Cortez resident, stated that the RV will not go in his backyard and that sometimes he parks it in front when he has relatives visiting. He stated that with the present ordinance he has to start his vehicle two or three times a week. He told commission that he is retired and does not use the RV for business purposes, but they need to be in a convenient place because starting the engine has to be done frequently. MR. HENRY STIRLOCK, San Clemente, stated that he was present when last ordinance was adopted. He indicated that he did not 3 • MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 3, 1987 know who is complaining, homeowners or realtors, and felt complaints should be documented. He told commission that he owns a pickup with a camper and it stays in his driveway. MR. VIC EFFINGER, 539 Sorrento Court, stated that he was representing the Hidden Palms Homeowners Association and that they have considerable trouble in enforcing the CCBR's, which do not allow RV's on the premises except for loading or delivery purposes for 30 to 45 minutes. He stated that when people buy a unit in Hidden Palms they agree to abide by the CCSR's. He indicated that this is a democracy where majority rules. MR. ROSS PATTERSON, Shadow Mountain, stated that he was being harassed. He indicated that he stores the RV in Indio and when he brings it home to get ready for a trip, an officer is right there telling him to move It. He felt that Palm Desert should have a limited amount of time to allow for loading and unloading. He felt that someone should talk to the code enforcement officer. He indicated that he has to look at old trucks and the RV's generally have a better appearance. He stated that with all the harassment, he feels like moving from Palm Desert. MRS. ELLEN MORANTSI , 72-924 Sonora, asked if she could extend her fence because the gates open inward and she would Install a cement slab parallel to the driveway for parking the vehicle. She stated that she just received the notice and asked how long she has to relocate or move the vehicle. Chairman Erwood suggested that Mrs. Morantsi set up a meeting with Frank Allen. i MR. TOM HOLLOWAY, 70-261 Hatera, indicated that this was his first trip to city hall . He stated that he has an RV parked In his driveway and that it is 60 feet long. He indicated that he recently received a ticket from Mr. Allen and that he has lived here 30 years and felt that Palm Desert used to be a good place. He asked where the complaints were coming from. Chairman Erwood provided clarification. Mr. Holloway felt that if the vehicle is not unsightly, there should not be a problem with parking. He felt that people should be allowed to park them in their own driveways. A speaker from the audience suggested that the ordinance state that parking be behind the building setback limit. Mr. Allen indicated that the present ordinance states setback . Mr. Don Thompson 4 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 3, 1987 indicated that the Good Sand Club might be able to provide some legal Information regarding the unconstitutionality of ordinances being written based on aesthetics only. He also stated that he was upset about not being able to attend the council meeting regarding parking RV's on the street because of work and indicated that this would mean that when he has visitors, they would not be able to park anywhere if they have an RV. Planning commission asked for clarification on the council action. Mr. Diaz stated that council passed this ordinance amendment to second reading and explained why a public hearing was not required. He indicated that if passed, RV's cannot be parked on the street at all . Mr. Allen informed commission that this was initiated by council direction because of complaints and Indicated that the matter would be before the council again on November 12. Someone from the audience spoke and stated that in the city of Cerritos, permits can be obtained to allow parking overnight on the street. Chairman Erwood suggested that staff take that issue up with the council . MR. MELVIN GORDON, 72-949 Joshua Trail , informed commission that he was representative of the homeowners association for 971 parcels on the south end of Palm Desert. He stated that at a board of directors meeting it was the opinion of the board that this ordinance has a lot of validity and would solve problems in their jurisdiction. He stated that larger lots would allow For RV's in the back, whereas smaller lots to the north might not have the same amount of area. He suggested that some type of distinction be made or special provision be made for hardship. He felt that some city agency should provide a facility with adequate security for storage of these vehicles. Commissioner Richards stated that the code enforcement officers were doing a good job and felt that depending on the size of the lots, this ordinance would be very discriminatory. He did not advise parking on the street for any length of time and felt that adequate storage on the each homeowner' s property, taking into account aesthetic views, should be considered. Commissioner Richards Indicated that there is land in the city that perhaps could be designated for this use, but wondered if people would use them. He asked the audience if they would use a facility that was within the city boundaries that had a reasonable amount of security. He noted that the results were about half and half. Commissioner Richards expressed concern regarding the new and old ordinances, the small 5 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 3, 1987 size of some lots, council 's action on street parking, and felt complaints should be cataloged better by code. Commissioner Richards noted that there was a council member present and indicated that people have the opportunity to attend the meeting on November 12 to express their views. Mr. Diaz informed commission that since the matter was passed to second reading, anyone addressing this issue should speak under oral communications. Commissioner Whitlock concurred with Commissioner Richards in that the current and proposed ordinances do not solve the problems. She stated that she would like to see the types of complaints and where they are coming from. Commissioner Richards stated that he would like to . know how many people are complaining because there is a violation and how many complaints were received after the first ordinance was passed to see if sincere complaints from neighbors were being received. Mr. Alien clarified that he produces a monthly activity report and when a complaint comes in, the name and address of the person calling is taken down. Mr. Diaz asked where the complaints are coming from, and indicated that some areas don't seem to mind if RV's are parked in the driveways and some do. He indicated that the ordinance has to be city-wide and can't be split for the north and south areas. Commissioner Downs noted that code enforcement department receives a lot of "flack" but indicated that he is just doing his job. He suggested using setbacks and if a hardship occurs, they can go to the community development director. He felt that a city parking area should be provided. Chairman Erwood suggested that this matter be continued to a date certain or send the matter to city council without a recommendation. He felt that it would be more prudent to continue the hearing. Commissioner Richards agreed that the matter should be continued and felt more information was needed and asked that code provide more information on the nature of the complaints. Mr. Allen suggested that a committee be formed that comprises of staff and homeowners to come up with an acceptable ordinance. Commissioner Downs felt that homeowners associations should be excluded from that committee because of a bias with the CCBR's against RV's. Mr. Diaz suggested seeing where the complaints are coming from and discouraged a situation of the city enforcing 6 • MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 3, 1987 I I association CCBR's. Commissioner Richards felt that Mr. Thompson would be a good candidate for the committee. Mr. Diaz indicated that could commission recommend to the council that they set up the committee and continue the amendment restricting parking on the street and that commission continue this meeting to January 5, 1988. Action: Moved by Commissioner Richards, seconded by Commissioner Downs, recommending that city council establish a committee of city council , planning commission, staff, and interested parties to investigate the current ordinance and proposed ordinance and continue this discussion to January 5, 1988, to allow time for a report from the committee. Also to recommend that city council postpone adoption of any resolutions amending the recreational vehicle ordinance in any way until the matter had been studied by the committee. Carried 4-0. Commissioner Richards stated that anyone interested in serving on this committee should contact Mr. Allen. Mr. Allen also suggested that information from Good Sands should be obtained. Vill . MISCELLANEOUS A. Case No. CUP 87-13 - INTERNATIONAL CHILDREN'S CENTER, Applicant Request for approval of a resolution denying a conditional use permit to allow conversion of an existing single family dwelling and surrounding property to a preschool facility with a 100 student maximum capacity at this time on a 2.8 acre site in the R-1 10,000 zone on the east side of Portola Avenue , 110 feet south of Old Prospector Trail . Action: Moved by Commissioner Whitlock, seconded by Commissioner Richards, adopting the findings. as presented by staff. Carried 4-0. Moved by Commissioner Whitlock, seconded by Commissioner Downs, adopting Planning Commission Resolution No. 1262, denying CUP 87-13. Carried 4-0. 7 1 A 1 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 6, 1987 B. Case No. PMM 87-11 - RAY-AL ENTERPRISES, INC. , Applicant Request for approval of a parcel map waiver to allow consolidation of three existing parcels. Action: Moved by Commissioner Downs, seconded by Commissioner Richards, approving the consent calendar by minute motion. Carried 4-0. VII. PUBLIC HEARINGS A. Continued Case No. CUP 87-10 - ARCO PETROLEUM PRODUCTS, Applicant Request for approval of a negative declaration of environmental impact and conditional use permit to allow construction of a gasoline station and mini-market at the northwest corner of Portola Avenue and Highway 111 . Chairman Erwood asked staff why this item was placed under public hearings. Mr. Drell explained that it was due to conditions of approval and new state laws relative to restrictions on selling alcoholic beverages for convenience stores. Chairman Erwood requested clarification from Mr. Connor as to reopening the public testimony . Mr . Connor replied that it would require re-advertisement. Commission discussed the new conditions and determined that conditions 6 and 7 be deleted, with the understanding that they would be discussed by city council if this item is called up. Action: Moved by Commissioner Richards, seconded by Commissioner Downs, adopting the findings as presented by staff. Vote: 2-2 (Chairman Erwood and Commission Ladlow voted no. ) Mr. Connor clarified that this no action was tantamount to a denial and the applicant has the right to appeal to city council . B. Continued Case No.`AA 8� CITY OF PALM DESERT, Applicant Request for approval of an amendment to zoning ordinance chapter 25.58 . 070 A Q 8 to allow special limitations in the residential zone. 2 � I MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 6, 1987 Mr . Bob Smith outlined the salient points of the staff report. Commissioner Richards asked for clarification regarding size of sideyard setbacks. Staff indicated five feet is the minimum, depending on the zone. Commission discussed the possibility of that amount of space being inadequate, as well as older areas not having space to pull motor homes/vehicles to the back of the property. Commission also discussed the city providing a facility for this type of storage, but it was noted that there are a couple of these type of facilities, and vandalism is a big problem even with 24 hour security. Chairman Erwood opened the public testimony and asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed. There being no one, the public testimony was closed. Commissioner Richards suggested that the city use a conditional use permit process to receive neighbor approval . Commissioner Richards felt that there should be more citizen input and recommended a continuance to allow staff to prepare a process of approval and to send a news release to the newspapers. Chairman Erwood re-opened the public testimony for purposes of continuance. MR. VIC EFFINGER agreed with commission. He indicated that he was a member of the board of directors for Hidden Palms and expressed concern regarding parking problems and indicated they are against motor homes in their association CCBR's. He explained that they were having problems with someone who has several vans. Mr. Smith explained that the vans were for a home business. Mr. Effinger stated that it was against their CCBR's, but indicated that the person may be moving. He felt that parking control was a problem in the city. There being no further comment, Chairman Erwood asked for a motion of continuance. Action: Moved by Commissioner Richards, seconded by Commissioner Ladlow, continuing ZOA 87-3 to November 3, 1987, and instructing staff to prepare a news release. Carried 4-0. C. Case No. CUP 87-12 - VILLAGE BUTCHER, Applicant Request for approval of a conditional use permit to sell alcoholic beverages at 74-410 Highway Ill . 3 Zak ,3 r 87 C I T Y O F P A L M 0 E 5 E R T INTEROFFICE MEMORANDUM TO: COMMISSIONER RICHARD ERWOOD AND COMMISSION MEMBERS FROM: FRANK ALLEN, CODE COMPLIANCE DIRECTOR SUBJECT: RECREATIONAL VEHICLE PARKING 8 STORAGE DATE. SEPTEMBER 17 , 1987 I . DISCUSSION_ Section 25 . 58 . 070 ( Exhibit ' A ' ) regulating the parking and storage of recreational vehicles is difficult to enforce because of the stated times such vehicles may be parked or stored and then removed from the location . It becomes more difficult when feuding neighbors want city hall to intervene . In the beginning, when this section was actively being enforced, 1 found the complainant would state the recreational vehicle wasn 't being removed within the allowable time , and the recreational vehicle owner would tell you it was . What do you do in the case of a motorized recreational vehicle parked in the driveway ? Assign an inspector to 24 hour surveillance? A police officer can ' t go on private property to mark the tires . The owner merely has to run the vehicle around the block and state he uses it for transportation purposes . The parking and storage of boats and trailers is some what easier to enforce because these vehicles have to be removed for at least 72 consecutive hours between parking and storage periods . However , you have to determine when did the parking or storage period being . You can rest assured the complainant and recreational vehicle owner will not give you the same answer . It takes numerous follow ups to the location to oetermine if the recreational vehicle owner is complying with the codes , and if the complaints are valid . PAGE 2 SUBJECT : RECREATIONAL VEHICLE PARKING & STORAGE DATE : SEPTEMBER 18 , 1987 11 . SURVEY The department did a survey June 1st . , of the number of recreational vehicles parked or stored within the residential districts . The survey indicates 169 recreational vehicle owners may possibly be in violation of Section 25 . 58 . 070 . The violation count would be considerably nigher if the snow birds ' were Still here. III . OTHER CITIES I contacted the following named cities and made inquiry as to how they regulated recreational vehicles . BEVERLY HILLS : Basically observes a 72 consecutive hour curb parking limitation . May be parked in a paved driveway area with no time limit . No Provisions for screening from public view. Extended parking time and permits for oversized R . V . ' s issued at discretion of Public Service/Community Relations Department . Not actively enforced. GARDEN GROVE : Motorized recreational vehicles may be parked in the designated driveway with no time limit . This doesn ' t include travel trailers or boats . Trailers and boats may be stored in a rear yard area . The code isn' t enforced. INDIAN WELLS : Motorized R . V. ' s , travel trailers and boats is 24 hours in and 24 hours out . INDIO : Parking in rear yard, but allows them any where as they don ' t enforce this code because of the number of R . V. ' s that are in violation . IRVINE : May store a recreational vehicle in a rear or side yard within a paved area . They are not allowed In driveways or on the street . PALM SPRINGS : (See Exhibit ' B' ) RANCHO MIRAGE : (See Exhibit ' C ' , ordinance recently revised . ) PAGE i SUBJECT : RECREATIONAL VEHICLE PARKING & STORAGE DATE : SEPTEMBER 18. 1987 RIVERSIDE : May park R . V . ' s in driveway or any other paved area on the property between garage and rear yard. No time limit , however , vehicles must be operable within one hour . Parking allowed in the street up to 72 consecutive hours . Enforced on complaint basis only. SANTA ANA : The same policy as stated for Garden Grove . IV . RECOMMENDATION : Amend , � Section 25 . 58 . 070 A 8 B as shown in Exhibit (D) . FRANK ALLEN , Director Code Compliance Department FA :daj II ��- 25 . 58. 070 L fA 25 . 58 . 070 Special limitations in residential zones . A. The parking and/or storage of trucks and motorized - recreational vehicles exceeding a height of eight feet and/or twenty feet in length shall be prohibited in any residential zone on private property unless within an area' screened from the public street; providing , however , that the restriction shall not apply to trucks used during pick- up and delivery or during construction or repair work while in service , and except as follows : The motorized vehicle is temporarily parked for a period of time not to exceed seventy-two consecutive hours , and is thereafter used for transportation purposes away from the property where it was parked. B . The parking and/or storing of boats -and travel trailers shall be prohibited in any residential zone except as follows : 1 . The vehicle is stored or parked in a mobile home park zone or planned residential district in specified areas ; 2 . The vehicle is temporarily parked for a period of time not to exceed forty-eight consecutive hours , and not less than seventy-two hours shall elapse between the last storage period and any subsequent storage period ; I or (Palm Desert 7/82) OOZY �� ��� _ , . 58 . 080--25 . 58 .120 3 . The vehicle is located within an enclosed building; 4 . The vehicle is stored or parked outside of any required front or side yard, and screened from view from any adjoining property or street. C. Where the parking or storage of such vehicles is permitted as provided in this section; the vehicle shall not be used for living, sleeping, or housing purposes . (Ord. 215 §1, 1979 : Ord. 128 §7 (part) , 1976 : Ord. 98 §1 (part) , 1975 : Exhibit A. §25. 33-2 . 06) . servin ndustrial , commercial, apartment and puhlic or c munity ' lity uses shall be suhject to the following k- ing stand s of Sections 25 . 58 . 090 through 25 .58 . 200 . (Ord , 98 §1 (part) 975 : Exhibit A §25 .33-3) . 25 . 58 . 090 tall dimensions . Each off-stye parking stall shall con\sishall ctangular area not 1 s than nine feet wide by twng except as other e provided in this chapters where clear- bac out space is restricted on o be eleven fee in width. (Ord . 98 §1 (part) , 19 A §25 . 33-3 .025 . 58 . 100 reauireme A minimum of fifteen percent of the to off-9 tr t open parking area shall be landscaped with a xture trees , shrubs , ground cover , other plant materi a AW dscape material . A mini mum of one-third of the requir andscaping shall be dis- tributed within the interior o he parking facility and the remaining two thirds of the u ed landscaping shall be provided as peripheral p 1 a ng of he exterior edges of the parking area. All landsc a areas all he well maintained in perpetuity . (Ord . 9 l (part) , 1. Exhihit A §25 . 33- 3 .02) . 25 . 58 . 110 Scr ning re uirements . 1 off-street park- ing areas shall b screened to minimize th visual impact on adjacent streets nd properties . No parkin pace shall be located within ix feet of any street proper line . Any open areas i he interiors so formed shall be . andscaped with approp ate plant materials . (Ord . 98 91 ( t) , 1975 : Exhibit A 25 . 33-3 . 03) . 2 8 . 120 Tree requirements . Landscaping wit the off- eet open parking areas shall be provided to th extent of least one fifteen-gallon tree per each five parka is or their equivalent. (Ord . 98 51 (part) , 1975 : (A) (Palm Desert 7/80) 5. ff-Street Parkin Off-s t parking shall mean an area together with uired number of,. ing spaces and improvements thereon, as ;. required by ction.,•- vehicle parking and maneuvering necessary to ; serve particular a irrespective of the zones in which they occur. F ' (687: 1107:1 2/20/80) ' 6. Stora e r rucks. The parking or storage of trucks exceeding a , height of and one-half (6 1/2) feet a twenty (20) feet in length shall b ohibited in any residential zone un 'thin an enclosed buil • , providing, however, that said restriction s of apply to tr s used during pickup and delivery or during construct r repair 7. Use o,f Parkin Facilities for Stora e. The storage of recreation vehicles boats and travel trailers, cd pers, and motor homes) , or wrecked or junked vehicles in areas designated orkofstreet paj;king� in any resi- er�ti•a'1 zone is prohibited excep as"`follows: ' a. All motor vehicles incapable of movement under their own power, other than in cases of emergency, shall be stored in an entirely enclosed space. (893, 3/26/71 ) b. Boats and travel trailers. The parking and/or storing of boats and travel trailers shall, be prohibited in any residential zone except as p1 follows: ; (1 ) Said vehicle is stored or parked in an R-TP (Residential Trailer Park) Zone or a Planned Development District designated for an R-TP use. rs: c. (2) Said vehicle is temporarily parked for a period of time not to exceed forty-eight (48) consecutive hours, and not less than seventy-two (72) hours shall elapse between the last storage period and any subsequent storage period. (3) Said vehicle is located within an enclosed building. ,'-�;, (4) Said vehicle is stored or parked outside of any required front, side front, side, or rear yard and screened from view from any ; adjoining property or street. Where the parking or storage of such vehicles is permitted as provided in (2) , (3) , and (4) above, said vehicle shall not be ; used for living, sleeping, or housekeeping purposes. (entire Section 893, 3/26/71 ) _. -- C. Campers- and motor homes. The parking or storing of campers and motor homes shall be prohibited in any residential zone except as follows: C(_U_Said vehicle is stored or parked in an R-TP (Residential. Trailer Park) , R-2, R-3, R-4, or R-4 VP Zone or in a Planned Development District designated for an R-TP use, provided said vehicle is parked or stored on private property and not within any public right-of-way. (entire Section 893, 3/26/71 ) 1 1 ,FX tl f .U; 7- 0? I Gen. Conds. 9306.00 B (2) Said vehicle is temporarily parked for a period of time not to exceed forty-eight (48) consecutive hours and not less than seventy-two (72) hours shall elapse between the last storage period and any subsequent storage period. (3) Said vehicle is located within an enclosed building. (4) Said vehicle is stored or parked outside of any required front, side front, side, or rear yard and screened from view from any adjoining property or street. Wh ere the parking or storage of such vehicles is permitted as provided in (2) , (3) , and (4) above, said vehicle shall not be used for living, sleeping, or housekeeping purposes. (entire Section 893, 3126171 ) 0. Location. A n o -s —retL par ing act i to th ng ar ing generator to provide for th ffective use of the parka facilit Where a distance is specified, uch distsnTF1ance shall be measured from the n rest point of the parking f lity to the nearest point of the building or served by said parking (687: 1107:1 2/20/80) a. For single o multiple family ellings and hotels, parking facilities 1 shall be locat on the same t or building site as the buildings they are require o serve. (687: 1107:1 • 2/20/80) b. For trailer parks, two parking spaces shall be located on each Iwo trailer or mobile home e. (687: 1107:1 2/20/80) C. For hospitals, rest .' conva cent homes , rooming and lodging houses, and fraternity and rority ho s , parking facilities shall be located not more n one hundre nd fifty (150) feet from the building they ar required to serve (687: 838:1 1107:1 2/20/80) EXCEPTION: W eapproved by the Planni Commission, hospitals may provide parki facilities more than one ndred and fifty (150) feet e from the bui ding they are required to ser provided that an auto- matic park' g° gate or similar method of cont approved by the Commissio shall be installed to insure that t parking lot will not be used 'other developments in the area . (687: 838. 1107:1 2/20/80) d. For 0 er uses than those specified above, parking fa ities shall be locd not more than three hundred (300) feet from the uilding or us hey are required. to serve. (687: 1107:1 2/20/80 9. M' .ed Uses or Occu ancies. In the case of mixed uses or occu ties, the tal number of required off-street parking spaces shall be the m of the , equirements for the various uses computed separately. Off-stree pa ing ,facilities for one use shall not be considered as providing .re ired p king facilities for any other use, unless a joint use of parking face 'ties (687: 1107:1 2/20/80) ` Gen. Conds. _ 1 9306.00 B ` �� PLANNING E.OMMISSiON nESVLUTiON NO. A re50 - ution or the P ,ann, no Commission Of the City or Pa , m D e 5 e r t , Ca1ifor nia. amenolnq Section 25 . i6 . 07U A d d or the F,a , m besert Municloal Code requlatin❑ the storage/oarKinp Or recreational venic,es . CAJ6 Nu. ZOA 67-J Whereas, the Plannlnq Commission Or the City or faun Desert. CaIirornia 0 i 0 On the 6Cn ❑ay Or OCtOOer no In a duly not , f ied ouOlic nearing to consider amending Section 25.56.070 A & d; and W h E R E A S at said publlr_ near ino , upon hear ino and Cons ider1no a, i testimony and arguments, if any, Or ail persons d es i l' ino to De nearn , said planning commission did rind the roil lowing facts and reasons to exist to recommend anprova, or this resolution: L . Tne Storage/parKinq time limits as stated in Section 25.56.07D i5 d;rricu: t to enforce and requires numerous follow uos oy staff. 2 . The ParKinq/ storage Of travel trailers , 00ats and 5imi ar venic ,85 in recognipea driveways detracts from the aesthetic an❑ property values Of residential property. NOW T,EREFORE., dE iT KESOuVED oy the P:anninq Commission Or ' The City or Palm Desert, as -ollows: I . That Cne above statements are true and correct and constitute the con5ioeratior. of the Commission in this case. 2. Tndt it coeS ',er'eoy recommend aciorova , Or [CA 67-i, aS provided in the et-,sorted exnioi-. aoeleo =xr,ibit (U, . PASSEL , APPROVED and adopted at a regular meetinq Or the Paim Desert P,annlnq Commission, need or, the 6th dev or Ort Ober . 1967' oy the rollowinq vote, to wit. : A,E5 +uES: A65ENT: ARSTAiN: RICdARD ERWOOD, Cnairman ATTEST: RA:ION 0iAZ, Sec re car v ® All dir ORDINANCE NO. 383 AN ORDINANCE OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, A241ENDING SECTIONS 10.74.020 AND 10.74.040 OF THE RANCHO MIRAGE MUNICIPAL CODE RELATING TO THE PARKING OF RECREATIONAL VEHICLES. THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1: Section 10.74.020 is hereby amended to read as follows: 10.74 .020. Parking permitted where A recreational vehicle shall be parked on a lot behind the front line of the house or, in the case of a corner lot, behind the front line facing each street or right-of-way, and shall be screened to a height of six (6) feet from view from any public or private right-of-way. A recreational vehicle used as daily transportation may be parked overnight in recognized driveways. The owner of a recreational vehicle unable to comply with the provisions of this ordinance and orsvious to the effective date hereof has parked that vehicle within the front set-back area, will be allowed to r_ontinue that use: if, prior to the effective date of this ordinance, the owner: (a) submits a written request to the Director of Community Development to be exempt from the provisions of this ordinance together with a site plan showing the location of the recreational vehicle upon the parcel, a photograph identifying the vehicle and a copy of the current registration for that vehicle. The Director may condition approval of this request upon adequate screening. (b) sign a written agreement in recordable form with the City acknowledging that this continued use is only for the benefit of the property owner, shall not be expanded without approval of the Director, and will expire upon sale of the parcel by the recreational vehicle owner. The provisions of this section shall not apply to mobile home parks. Section 2: Section 10.74. 040 is hereby amended to read as follows: 10.74. 040. Parking on rights-of-way permitted when Recreational vehicles may be temporarily parked on public or private rights-of-way in front of residei,ces for not more than forty-eight (48) continuous hours. Forty-eight (48) hours must elapse before the start of a new forty-eight (48) hour j period, together Tevith movement of said vehicle a distance of at least five hundred (500) feet. The purpose of this temporary parking is limited to loading and unloading of the vehicle. The provisions of this section shall not apply to mobile home parks. Section 3: CEQA. The passage of this Ordinance is not a project nor will it hav+'a a significant impact on the environment. E40r1rlc Section 4: Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Rancho Mirage hereby declares that it would have passed this ordinance, and each section, subsection, clause, sentence or phrase thereof, irrespective of the fact that any one or more other sections, subsections, clauses, sentences or phrases may be declared invalid or unconstitutional. section 5: Savings Clause. Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of the ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions application to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. Section 6: The City Clerk shall certify to the passage hereof and cause the same to be posted as required by law. This ordinance shall take effect on the 30th day following the date of its adoption. PASSED AND ADOPTED this i9 day of %LARCH 1987. CITY OF RANCHO MIRAGE Byi':., Jeffrey . IB leama Mayor ATTEST ,�� cc. S44, Barbara E. Dohn, City Clerk AP,FQVEP AS TO FORM r` city Attorney V AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT , CALIFORNIA , REGULATING THE PARKING AND STORAGE OF RECREATIONAL VEHICLES Trie City Council of tile. City of Palm Desert , California DOES HEREBY ORDAIN as follows : I SE_Ci iDiv I : That Section 25 . 58 . 070 A & B steal 1 be and the same is hereby amenoed to read as follows : " Section 2 5 . 5 8 . 0 7 0 A . 1p SPECIAL LIMITAi" [ ON IN RESIDENTIAL ZONE_ The parking and / or storage of trucks & motorized recreational vehicles exceeding a height of eight feet and/or twenty Feet in length ; boats , travel trailers and similar vehicles shall be orohibited in any residential zone on private Pro-perty unless parked on a lot behind the front line of the house or , in r_ he case of a corner iot , beliirid the front line Facing each street or right-of-way , and shah be screened to a height of six ( o ) feet from view from any public or private right-of-way . A motorized recreational vehicle used as daily transportation may De parked overnight in an approved driveway . SECTION 2 : The subsection ( C ) of Section 25 . 58 . 070 be changed to subsection ( B ) . I PLANNING COMMISSION RESOLUTION NO. A resolution of the Planning Commission of the City of Palm Desert , California , amending Section 25 . 58 . 070 A & 8 of the Palm Desert Municipal Code regulating the storage/parking of recreational vehicles . CASE NO. ZOA 87-3 Whereas , the Planning Commission of the City of Palm Desert , California did on the 6th day of October hold a duly notified public hearing to consider amending Section 25 . 58 . 070 A & 8 ; and WHEREAS , at said public hearing , upon hearing and considering all testimony and arguments , if any, of all persons desiring to be heard , said planning commission did find the following facts and reasons to exist to recommend approval of this resolution : 1 . The storage/parking time limits as stated in Section 25 . 58 . 070 is difficult to enforce and requires numerous follow ups by staff. 2 . The parking/storage of travel trailers , boats and similar vehicles in recognized driveways detracts from the aesthetic and property values of residential property. NOW THEREFORE , BE IT RESOLVED by the Planning Commission of the City of Palm Desert , as follows : I . That the above statements are true and correct and constitute the consideration of the Commission in this case. 2 . That it does hereby recommend approval of ZOA 87-3 , as Provided in the attached exhibit , labeled Exhibit (0) . PASSED , APPROVED and adopted at a regular- meeting of the Palm Desert Planning Commission , held on the 6th day of October , 1987 , by the following vote, to wit : AYES : NOES : ABSENT: ABSTAIN : RICHARD ERWOOD, Chairman ATTEST: RAMON DIAZ, Secretary AA ORDINANCE NO. 383 AN ORDINANCE OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, AMENDING SECTIONS 10. 74 . 020 AND 10 . 74 . 040 OF THE RANCHO MIRAGE MUNICIPAL CODE RELATING TO THE PARKING OF RECREATIONAL VEHICLES. THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, DOES ORDAIN AS FOLLOWS : Section 1 : Section 10. 74 . 020 is hereby amended to read as follows: 10. 74 . 020. Parking permitted where. A recreational vehicle shall be parked on a lot behind the front line of the house or, in the case of a corner lot, behind the front line facing each street or right-of-way, and shall be screened to a height of six (6) feet from view from any public or private right-of-way. A recreational vehicle used as daily transportation may be parked overnight in recognized driveways. The owner of a recreational vehicle unable to comply with , the provisions of this ordinance and previous to the effective date hereof has parked that vehicle within the front set-back area, will be allowed to continue that use if, prior to the effective date of this ordinance, the owner: (a) submits a written request to the Director of Community Development to be exempt from the provisions of this ordinance together with a site plan showing the location of the recreational vehicle upon the parcel , a photograph identifying the vehicle and a copy of the current registration for that vehicle. The Director may condition approval of this request upon adequate screening. (b) sign a written agreement in recordable form with the City acknowledging that this continued use is only for the benefit of the property owner, shall not be expanded without approval of the Director, and will expire upon sale of the parcel by the recreational vehicle owner. The provisions of this section shall not apply to mobile home parks. Section 2 : Section 10 . 74 . 040 is hereby amended to read as follows: 10. 74 . 040 . Parking on rights-of-way permitted when. Recreational vehicles may be temporarily parked on public or private rights-of-way in front of residences for not more than forty-eight (48) continuous hours. Forty-eight (48) hours must elapse before the start of a new forty-eight (48) hour period, together with movement of said vehicle a distance of at least five hundred (500) feet. The purpose of this temporary parking is limited to loading and unloading of the vehicle. The provisions of this section shall not apply to mobile home parks. Section 3 : CEQA. The passage of this Ordinance is not a project nor will it have a significant impact on the environment. Section 4 : Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Rancho Mirage hereby declares that it would have passed this ordinance, and each section, subsection, clause, sentence or phrase thereof, irrespective of the fact that any one or more other sections, subsections, clauses, sentences or phrases may be declared invalid or unconstitutional . Section 5 : Savings Clause. Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of the ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions application to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. Section 6 : The City Clerk shall certify to the passage hereof and cause the same to be posted as required by law. This ordinance shall take effect on the 30th day following the - date of its adoption. PASSED AND ADOPTED this 19 day of MARCH 1987 . CITY OF RANCHO MIRAGE By Je frey . B ea Mayor ATTEST !/ L4 Barbara E. Dohn, City Clerk P OVE A S TO FORM r r is, City Attorney 1 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 August 24 , 1987 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 87-3 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by the City of Palm Desert for a zoning ordinance amendment by amending Section 25 . 58 . 070 A 8 B as follows : Section 25 . 58 . 070 A SPECIAL LIMITATION IN RESIDENTIAL ZONE . The parking and / or storage of trucks & motorized recreational vehicles exceeding a height of eight feet and/or twenty feet in length ; boats , travel trailers and similar vehicles shall be prohibited in any residential zone on private property unless parked on a lot behind the front line of the house or , in the case of a corner lot , behind the front line facing each street or right-of-way, and shall be screened to a height of six ( 6 ) feet from view from any public or private right-of-way . A motorized recreational vehicle used as daily transportation may be parked overnight in an approved driveway. Section 2 : The subsection ( C ) of Section 25 . 58 . 070 be changed to subsection ( B) . SAID public hearing will be held Tuesday, September 15, 1987 , at 7 : 00 p . m , 1n the Council Chamber at the Palm Desert Civic Center , 73- 510 Fred Waring Drive, Palm Desert , California , at which time and place all interested persons are invited to attend and be heard . If you challenge the proposal actions In court , you may be 1 imited to raising only those issues you or someone else raised at the public hearing described in the notice , or in written correspondence delivered to the Planning Commission (or City Council ) at , or prior to , the public hearing. PUBLISH : Palm Desert Post RAMON A . DIAZ, Secretary Palm Desert Planning Commission