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HomeMy WebLinkAboutZOA 04-79 RV/BOAT STORAGE 1979 MINUTES REGULAR CITY COUNCIL MEETING VIII. RESOLUTIONS (Continued) C. RESOLUTION NO. 79-132 (Continued) : know if they could et to it . This resolution would take the necessary �33 , 500 out of the Unallocated Gas Tax Fund and set up the fund needed to accomplish this project. Councilman Wilson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 79-132. Motion carried unanimously. IX. ORDINANCES For Introduction : None For Adoption: A. ORDINANCE NO. 214 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT , CALIFORNIA, AMENDING ORDINANCE NO . 107 THE PALM DESERT ZONING MAP , BY CHANGING THE ZONE FROM R-1 , 10, 000 TO R-2 (8 , 000) ON APPROXIMATELY 11 . 1 GROSS ACRES LOCATED BETWEEN SKYWARD WAY AND HOMESTEAD ROAD AND BOUNDED ON THE EAST BY ARROW TRAIL (CHIA ROAD) . CASE NO. CZ 07-79 . Mr. Bouman advised that this was second reading of the ordinance, and there was no further input . councilman McPherson moved and Councilman Wilson seconded to waive further reading and adopt Ordinance No. 214. Motion carried on a 4-1 vote with Councilman Newbrander voting NO. B. ORDINANCE NO. 215 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT , CALIFORNIA AMENDING SECTION 25 . 58 . 070 OF THE PALM DESERT MUNICIP TO THE STORAGE OF RECREATIONAL VEHICLES. CASE NO. ZOA 04-79 . Mr. Bouman advised that this was second reading of the ordinance, and there was no further input . Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Ordinance No . 215 . Motion carried unanimously. C. ORDINANCE NO. 216 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT , CALIFORNIA, AMENDING CHAPTER 3 . 16 OF THE CODE OF THE CITY OF PALM DESERT , CALIFORNIA, RELATING TO NEW CONSTRUCTION TAX (RESIDENTIAL ZONES , TRAILER SPACES , AND OTHER CONSTRUCTION) . Mr. Bouman advised that this was second reading of the ordinance, and there was no further input . Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Ordinance No. 216 . Motion carried unanimously. X. CONSENT CALENDAR ITEMS HELD OVER Councilman Brush stated that he merely had questions about Items "A" and "B" , and he could have them answered by Staff after the meeting. October 25 , 1979 Page 10 I MINUTES REGULAR CITY COUNCIL MEETING VII. E. URBAN DEVELOPMENT ACTION GRANT/LOAN APPLICATION (Continued) : Mr. Bouman advised that this was a companion matter to that on the shopping center which Council had approved previously that night . Basically, it is a requirement of the Grant application seeking the $6 , 689 , 000 from the Federal Government to finance those projects which 1 were contained in the resolution approving the center. This action means that the City is behind the County in seeking the Grant and further, it urges the Redevelop- ment Agency to agree to participate in the loan portion of the Grant . Mayor Mullins invited input in FAVOR of the Grant , and none was offered. He invited input in OPPOSITION to the Grant , and none was offered. He declared the Public Hearing closed. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 79-129 . Motion carried unanimously. VIII . RESOLUTIONS A. RESOLUTION NO. 79-130 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1979/80 BUDGET BY TRANSFERRING A PORTION OF THE APPROPRIA- TION OF THE BUILDING AND SAFETY INSPECTION ACTIVITY TO THE FIRE REGULATION ACTIVITY. Mr. Bouman advised that when the Budget was adopted, it was the intention of the City to take over the duties of l the Fire Marshal and subsequent fire inspections by J our own employee. However, due to a cooperative effort with other cities and some other considerations involving the County, it has been decided to continue to contract for this service through the County Fire Department . Therefore, we have money to pay for this service, but it is not in the right portion of the Budget . This resolu- tion will correct that . Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 79-130. Motion carried unanimously. B. RESOLUTION NO. 79-131 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1979/80 BUDGET TO PROVIDE FOR AN INCREASED GRANT AND APPROPRIATION FOR THE RANCHO ROAD AREA PROJECT IN THE COMMUNITY HOUSING AND URBAN DEVELOPMENT FUND. Mr. Bouman explained that this project was originally budgeted for $150,000, but the bids came in at $290 , 000. Through an additional grant application, another $140 ,000 was approved through the Federal Block Grant for this project . This resolution would amend the Budget by 1 increasing the Estimated Revenue and to reflect the JII increase in Appropriations . Councilman McPherson moved and Councilman Wilson seconded to waive further reading and adopt Resolution No . 79-131. Motion carried unanimously. C. RESOLUTION NO . 79-132 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT , CALIFORNIA, AMENDING THE 1979/80 BUDGET TO PROVIDE AN APPROPRIATION FOR CONSTRUCTING CURBS AND GUTTERS ON THE EAST SIDE OF PORTOLA BETWEEN FAIRWAY AND SHADOW MOUNTAIN. Mr. Bouman advised that this project had been budgeted the previous year but had not been done. It wasn ' t specifically budgeted this year because Staff did not October 25, 1979 Page 9 MINUTES Page -3- Palm Desert Planning Commission Meeting September 19, 1979 C. Continued Case No. ZOA 04-79 - CITY OF PALM DESERT (COUNCIL INITIATED) , Applican Request for consideration of an amendment to Sections 25.58.070 and 25.96.040 of the Municipal Code (Zoning Ordinance) of the City of Palm Desert, California, relating to the storage of recreational ve- hicles. Mr. Williams presented this case asking the Commission to note the modifications under III. DISCUSSION: , which are underlined. He recommended approval to the City Council of the modified Zoning Ordinance text amendment (as illustrated in Exhibit "A") , by adopting Planning Commission Resolution No. 529. There being no questions from the Commission at this time, the Chairman asked if anyone present wished to speak in FAVOR or OPPOSITION to the request for approval . There being none, Chairman Snyder closed the public hearing. Upon motion made by Commissioner Kryder, seconded by Commissioner Miller, Planning Commission Resolution No. 529 was adopted. Carried 4-0. D. Added Item - Case No. DP 02-78 - ROBERT H. RICCIARDI, A. I.A. , (FOR COLUMBIA SAVINGS) , Applicant Request for approval of an amendment to a previously approved develop- ment plan to allow a 2048 sq. ft. restaurant use in a portion of a commercial complex located at the southwest corner of Highways 74 and Ill . Upon motion made by Commissioner Miller, seconded by Commissioner Kryder, and unanimously carried, Case No. DP 02-78 was continued to October 2, 1979. VIII. OLD BUSINESS - None IX. NEW BUSINESS A. Consideration of water line replacement projects proposed by the Coachella Valley County Water District. Mr. Williams presented this case stating that it is in compliance with the General Plan and recommended that it be approved by adopting Planning Commission Resolution No. 530. Chairman Snyder was concerned that when the projects are finished, the streets be repaired to their original conditions. Mr. Beebe, Director of Public Works, assured the Commission that permits must be obtained before a project is started and the project must be in conformance with the Master Storm Drain Line. Chairman Snyder commended Mr. Beebe for keeping a close watch on this matter. Upon motion made by Commissioner Berkey, seconded by Commissioner Kryder, and unanimously carried, Planning Commission Resolution No. 530 was adopted. 4-0. B. Consideration of Special Public Hearing date for review of the Hahn Regional Shopping Center proposal . Upon motion made by Commissioner Miller, seconded by Commissioner Kryder, and unanimously carried, to approve the Special Public Hearing date of October 4, 1979, at 7:00 P.M. in the Multipurpose Room of the George Washington Elementary School for a Special Planning Commission Meeting. 4-0. MINUTES Page -5- Palm Desert Planning Commission Meeting September 4 , 1979 Mr. McFarland stated that the condition is acceptable as long as it is understood that there is not an obligation to maintain the street until that access has been established. Chairman Snyder stated that perhaps it would be better worded that "The City will not be obligated to maintain Cook Street ( until such time that the development of the area justifies it" . Chairman Snyder stated that it is one of the finest projects that the Commission has reviewed. Chairman Snyder declared the Public Hearing open, asking if anyone present wished to speak in FAVOR or OPPOSITION to this request. CLYDE BEEBE, Director of Public Works , stated that the munici- pal code regarding Standard Condition #13 , calls for recorda- tion of the map including grading. He suggested that the Com- mission state that the grading be excluded and let the Council approve it to be in abeyance with the municipal code. Chairman Snyder stated that with the input from Mr. Beebe , that Standard Condition #13 be changed to add "except grading as ap- proved by the City Engineer" . Chairman Snyder declared the Public Hearing closed. Motion was made by Commissioner Berkey, seconded by Chairman Snyder that this case be approved with the changes that have been discussed. Carried. 2-0-2-1. Commissioner Fleshman ab- stained. Commissioner F returned to his seat. �. F. Case ZOA 04-79 CITY OF PALM DESERT (COUNCIL INITIATED) Applic nt Request for consi eration of an amendment to Sections 25. 58 . 070 and 25. 96 . 040 of the Municipal Code (Zoning ordinance) of the City of Palm Desert, California relating to the storage of re- creational vehicles . Mr. Williams presented this case stating that the Staff and City attorney have experienced some difficulty with regard to a specific section of the Zoning Ordinance that relates to re- creational vehicles in terms of shielding them from public view. Mr. Beebe noticed that there seemed to be provisions in the City Ordinance which cover this matter, therefore this will have to be reviewed by the City Attorney. The Staff re- commends that this matter he continued to the September 19 , 1979 meeting at 1: 00 P.M. Upon motion made by Commissioner Berkey, seconded by Commis- sioner Fleshman and carried, this matter is continued to the (f September 19 , 1979 meeting. VIII. OLD BUSINESS - None l _ IX. NEW BUSINESS - Planning Schedule for the next Three Months/ Adoption of Special Meeting Date (s) . X. DESIGN REVIEW BOARD ITEMS Consideration of cases action on by the Design Review Board at their meeting of August 28 , 1979 . 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 REPORT OF PLANNING COMMISSION ACTION DATE September 20 , 1979 APPLICANT City of Palm Desert (Council Initiated) 45-275 Prickly Pear Lane Palm Desert, California 92260 CASE NO. : ZOA 04-79 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of September 19 , 1979 CONTINUED TO DENIED X APPROVED BY PLANNING COMMISSION RESOLUTION NO. 529 PLACED ON THE AGENDA OF THE CITY COUNCIL OF FOR CONCURRENCE WITH THE PLANNING COMMISSION DECISION. PLACE➢ ON THE AGENDA OF THE CITY COUNCIL OF FOR PUBLIC HEARING. Any appeal of the above action may be made in writing to the Director of Environmental Services, City of Palm Desert, within fifteen (15) days of the date of the decision. PAUL A. WILLIAMS, SECRETARY PALM DESERT P"N:I`G COxDfISSSION cc: Applicant C.V.C.W.D. - s. CITY OF PALM DESERT STAFF REPORT UPDATE To: Planning Commission Report on: Zoning Ordinance Text Amendment Applicant: City of Palm Desert (Council Initiated) Case No. : ZOA 04-79 Date: September 19, 1979, continued from September 4, 1979 I. REQUEST: Request for consideration of an amendment to Sections 25.58.070 and 25.96.040 of the Municipal Code (Zoning Ordinance) of the City of Palm Desert, California, relating to the storage of recreational ve- hicles. II. BACKGROUND: The subject amendment was initiated by the City Council on July 12, 1979 (Reso. No. 79-82) , pursuant to the provisions of Section 25.82. 020, of the Municipal Code which provides for the referral of Coun- cil initiated amendments to the Planning Commission for Public Hear- ing. A Public Hearing was held on September 4, 1979. At this time, the Hearing was continued to September 19, 1979, to allow Environ- mental Services Department Staff and the City Attorney to redraft an amendment in light of the discussion with Commission. III. DISCUSSION: It was found that the only Section 25.58.070, need be amended; and therefore, no change is proposed to the section concerning viola- tions and penalties. Storage and screening requirements have been amended in the redrafted section below to address: (a) the application to private property (versus public right-of-way) ; and, (b) a limita- tion for unscreened storage of motorized recreational vehicles (ra- ther than trying to define transportation versus recreation vehicles) . The redrafted Zoning Ordinance Section reads as follows: 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 upon private property unless within an area screened from the public street; pro- vid.ng, however, that the restriction shall not apply to trucks used during pickup and delivery or during construction or repair work while in service, and except as follows: The motorized vehicle is temporarily ked for a period of time not to exceed seventy-two consecutive hours, and is there after used for transportation purposes away fron the property where it was parked. B. The parking and/or storage of boats and travel trailers shall be prohibited in any residential zone upon private property except as follows: 1. The vehicle is stored or parked in a mobile hone 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 subse- quent storage period; 3. The vehicle is located within an enclosed building; Staff Report Update Page -2- Septenber 19, 1979 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 pro-vided in this section, the vehicle shall not be used for living, sleep- ing, or housing purposes. (Ord. 128 §7 (part) , 1976: Ord. 98 55 (part) , 1975: Exhibit A S§5.33-2.06) . (NOTE: underlining indicates new wording added.) IV. STAFF REMMMENDATION: Reoonmend approval to the City Council of a modified zoning ordinance text amendment (as illustrated in Exhibit "A") , based on the justifi- cation contained in the draft Resolution; By adopting Planning Commission Resolution No. 529 . CITY OF PALM DESERT STAFF REPORT To: Planning Commission Report On: Zoning Ordinance Text Amendment Applicant: City of Palm Desert (Council Initiated) Case No. : ZOA 04-79 Date: September 4, 1979 I. REQUEST: Request for consideration of an amendment to Sections 25.58.070 and 25.96.040 of the Municipal Code (Zoning Ordinance) of the City of Palm Desert, California, relating to the storage of recreational vehicles. II. BACKGROUND: The subject amendment was initiated by the City Council on July 12, 1979 (Reso. No. 79-82), pursuant to the provisions of Section 25.82.020, of the Municipal Code which provides for the referral of Council initiated amendments to the Planning Commission for Public Hearing. A Public Hearing for this matter has been duly noticed and is now before the Commission for their recommendation. The referenced Zoning Ordinance Sections presently read as follows: 25.58.070 Special limitations in residential zones. A. T e parking and/or storage of trucks and recreational vehicles exceeding a height of eight feet and/or twenty feet in length shall be prohibited in any residential zone unless within an area screened from the public street; pro- viding, however, that the restriction shall not apply to trucks used during pickup and delivery or during construc- tion or repair work while in service. B. The parking and/or storage of boats and travel trailers shall be prohibited in any residential zone except as follows: J. 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; 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 per- mitted as provided in this section, the vehicle shall not be used for living, sleeping, or housing purposes. (Ord. 128 §7(part) , 1976: Ord. 98 S1(part) , 1975: Exhibit A 325.33-2.06). STAFF REPORT Page Two ZOA 04-79 25.96.040 Violation--Penalty. Any person, firm or corporation, whether as principal , agent, employee or otherwise, violating any provisions of this title or any conditional use permit, variance or adjustment granted under this title, is guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine or not more than five hundred dollars, or by im- prisonment in the county jail for a term not exceeding six months or by both such fine and imprisonment. Such person, firm, or corporation is deemed guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued or permitted by such person, firm or corporation, and shall be punishable as provided in this section. (Ord. 99 §1 (part), 1975: Exhibit A 525.43(part) . The impetus for Council initiation of this amendment was a recent court ruling which found that portions of Section 25.58.070, were pre-empted by the State Vehicle Code; and, that as stated in Section 25.96.040, the City could not impose a misdemeanor penalty, but rather it was a subject for infrac- tion fines. The City Attorney prepared a "draft" Ordinance to amend these sections and it was reviewed by the Council on July 12, 1979. III. DISCUSSION: The subject sections of the Zoning Ordinance were used to cite a vehicle stored in the public right-of-way. The judge's ruling on this case rightfully noted that the public street is regulated by the State Vehicle Code. The City Attorney's office in pre- paring an amendment to these Zoning Ordinance Sections attempted to address recreational vehicles stared in the public right-of-way along with regulation of vehicles on private property. There is general concurrence, now, that these two issues are best separated, noting that the City has an existing chapter of the Municipal Code to regulate street parking. This also obviates the need to amend the second "Violation--Penalty," section of the Zoning Regulations. Even though the primary impetus for initiation of an amendment no longer exists, the matter is before the Commission for hearing and a report back to the Council , therefore, it would be appro- priate, at this time, for the Commission to respond with any changes it may deem necessary to Section 25.58.070'. To begin with, Staff would recommend that regulation of vehicle storage in residential zones be clarified to indicate "on private property. " Also, it might be advised to distinguish between Vehicles used primarily for daily transportation and those which are clearly stored for occasional recreational use. Another subject the Commission could discuss is the height of vehicles that are required to be screened. STAFF REPORT Page Three ZOA 04-79 IV. STAFF RECOMMENDATION: Receive public comments on section amendment; and, discuss any revisions the Commission deems appropriate, which may include: - Clarify that the regulations apply to private property. - Define stored recreational vehicles, versus a daily transportation vehicle (i .e. vans, truck camper, etc. ) - Change the height standard for recreational vehicles which must be screened (presently only R.V. 's over 8 ft. high must be screened, consideration could be given to changing it to apply to R.V. 's over 6z ft. ) A draft resolution has been made available to recommend in exhibit 'A' , these and/or any other changes the Commission wished to recommend to the Council . The Commission should continue this matter to their study session meeting of September 19, 1979, giving Staff input to prepare exhibit 'A' for subsequent adoption. RESOLUTION NO. 79-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING A ZONING ORDINANCE TEXT CHANGE IN SECTIONS 25.58.070 AND 25.96.040 OF THE MUNICIPAL CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO STORAGE OF RECREATIONAL VEHICLES. CASE NO. ZOA 04-79. WHEREAS, the City Attorney has prepared a "Draft Ordinance" for the purpose of consideration of initiation of Zoning Ordinance text changes; and WHEREAS, pursuant to Section 25.82.020 of the Palm Desert Municipal Code, the City Council may initiate proceedings to amend said ordinance text and then submit the matter to the Planning Commission for public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, that the Planning Commission is hereby instructed to conduct public hearings on text amendments in Sections 25.58.070 and 25.96.040 of the Municipal Code of the City of Palm Desert, California, as Case No. ZOA 04-79. PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, California, on this 12th day of July 1979, by the following vote, to wit: AYES: Brush, McPherson, Newbrander, Wilson & Mullins NOES: None ABSENT: None ABSTAIN: None 1-ED1.4ARD D. MULLINS , MAYOR ATTEST: [/ SHEILA R. GILLIG N, CITY CLPK CITY OF PALM DESERT, CALIFORNIA 1 . ..a �'! .. .. _.. .. . . (/ r INTEROFFICE MEMORANDUM City of Palm Desert _ TO: MARTIN J . BOUMAN, CITY MANAGER FROM: FRANK ALLEN, CODE ENFORCEMENT SUPERVISOR SUBJECT: REASONS SECTIONS 25 . 58 . 070 and DATE: JULY 9 , 1979 25 . 96 . 040 ARE BEING AMENDED BY ORDINANCE NO. 211 A misdemeanor citation was issued to Mr . and Mrs . Harold Wright for violation of Section 25 . 58 . 070 of the zoning ordinance on January 23rd. They were cited for having a boat parked in the front yard and an RV parked in the public right-of-way in front of their home. Section 25 . 58 . 070 (A) states any truck or RV 8 ft. in height and/or 20 ft. in length shall be prohibited from being parked or stored in any residential zone , unless screened from the public streets . Section 25 . 58 . 070 (B) states the parking or storing of boats and travel trailers shall be prohibited unless screened from view from any adjoining property or street. In addition, the Wrights were cited for a misdemeanor, per Section 25 . 96 . 040 of the Municipal Code. The case was heard before Judge Robinson on May 17th. The City was represented by Stephen A. Sindoni, from the City Attorney ' s office. Judge Robinson ruled in favor of the City regarding the boat on private property, but against, on the RV parked in the public right-of-way. His reasons on the RV were: 1 . The City is pre-empted by the California Vehicle Code, which gives the Cities authority by ordinance to regulate and control traffic on streets and highways . The City has .this authority in Chapter 10 . 16 of the Municipal Code, allowing 72 hours con- secutive parking. Therefore, Section 25 . 58 . 070 is contradicting Chapter 10. 16 , and invalid because of the Vehicle Code . 2 . The City cannot impose a misdemeanor as a penalty because Section 42001 of the Vehicle Code spells out infraction fines for viola- tions . Ordinance No . 211 amends Section 25 . 58 . 070 to conform with the rules of the Vehicle Code, and amends 25 . 96. 040 to include infraction fines . y -Frank Allen Code Enforcement Supervisor ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM DESERT , CALIFORNIA AMENDING SECTIONS 25 . 58 . 070 and 25 . 96 .040 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA RELATING TO STORAGE OF RECREATIONAL VEHICLES The City Council of the City cf Palm Desert, California , DOES HEREBY ORDAIN as follows : SECTION 1 : That Section 25 which is 25 .58 . 070 Special Limitations in Residential Zones of Title 25 of the Palm Desert Municipal Code is hereby amended to read as follows : "A. The parking and/or storage of trucks , motor homes , and campers that exceed twenty (20) feet in length and six (6) feet, six (6) inches in height, and including but not limited to boats, travel trailers , utility trailers and other nonmotorized recreational vehicles shall be prohibited in any residential zone whether on a public right of way or private property, unless within an area screened from public view and approved by the City; B. The parking and storage restrictions above shall apply except as follows : 1 . Commercial vehicles used during pickup and delivery or during construction or repair work while in service; 2. The vehicle is stored or parked in a mobile home park zone or planned residential I district in specified areas; 3 . The vehicle is temporarily parked _J for a period of time not to exceed seventy- two consecutive hours , and not less than seventy-two hours shall elapse between the last storage period and any subsequent storage period; -1- 1 4 . The vehicle is located within an enclosed building ; 5 . The vehicle is stored or parked outside of any required front or side yard , and screened from view from any adjoining 1 property or street. 1 C. Where the parking or storage of such vehicle is permitted as provided in this section, the vehicle shall not be used for living , sleeping or housing purposes . D. When any vehicle covered under this section is parked or left standing upon a street for 72 or more consecutive hours , the City may remove the vehicle from the street in the manner prescribed by and subject l to the requirements of the Vehicle Code. E. Every person, firm or corporation , whether as principal, agent employee or otherwise , violating any of the provisions of this section shall be guilty of an infraction and upon conviction thereof shall be punished by a fine of not exceeding fifty dollars ($50) and for a second conviction within a period of one year by a fine of not exceeding one hundred dollars ($100) and for a third or any subsequent conviction within a period of one year by a fine of not exceeding two Ihundred fifty dollars ($250) . F. Every person, firm, or corporation, whether as principal , agent, employee or otherwise, shall be deemed guilty of a separate _2_ 1 l offense for each and every day during any portion of which any violation of any of the provisions of this section is committed, continued or permitted by such person, and shall be punishable as provided in this section. " SECTION 2 : Section 25 . 96 . 040 Violation-Penalty, of Title 25 of the Palm Desert Municipal Code is hereby amended to read as follows : "Any person, firm or corporation, whether as principal , agent , employee or otherwise, violating any provisions of this title or any conditional use permit, variance or adjustment granted under this title , is guilty of a misdemeanor except where a section of this title specifically provides otherwise, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars , or by imprisonment in the county jail for a term not exceeding six months or by both such fine and imprisonment. Such person, firm or corporation is deemed guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued or permitted by such person, firm or corporation, land shall be punishable as provided in this section. (Ord. 99 Section 1 (part) , 1975 : Exhibit A Section 25 . 43 (part) " . 3 - i •tDINANCE NO . 211 PASSED, APPROVED and ADOPTED this day of 1979 , by the following vote, to wit : AYES : , NOES : ABSENT: ABSTAIN: EDWARD D . MULLINS , MAYOR ATTEST : SHEILA R. GILLIGAN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA I - 4 - l _ PLANNING COMMISSION RESOLUTION NO. _ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TO THE ZONING ORDINANCE TEXT, RELATIVE TO STORAGE OF RECREATIONAL VEHICLES. CASE N0. ZOA 04-79 WHEREAS, the City Council in Resolution No. 79-82, directed the Planning Commission to hold a Public Hearing to consider text amend- ments to Sections 25.58.070 and 25.96.040, of the Municipal Code (Zoning Ordinance) of the City of Palm Desert; WHEREAS, the Planning Commission of the City of Palm Desert, California did on the 4th day of September, 1979, hold a duly noticed Public Hearing, and continued Public Hearing on the 19th day of September, 1979, to consider amendment of the Zoning Ordinance relative to storage of recreational vehicles; WHEREAS, said amendment has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 78-32", in that the subject project has not been found to present an adverse impact on the environment and a Negative Declaration has been prepared; 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 a modified Zoning Ordinance Text Amendment: 1. That the modified Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance. 2. That the modified Zoning Ordinance Amendment is consistent with the adopted General Plan. 3. That the modified Zoning Ordinance Amendment would better serve the public health, safety, and general welfare, than the currently applicable regulations. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That it does hereby recommend a modified Zoning Ordinance Text Amendment, as provided in the attached exhibit, labeled Exhibit 'A' , to amend Municipal Code Section 25. 58.070, specifying regulations for the storage of recreational vehicles, and other matters relating thereto. l il' PLANNING COMMISSION Page Two RESOLUTION NO. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of September, 1979, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: WALTER H. SNYDER, Chairman ATTEST: PAUL A. WILLIAMS, Secretary l l 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 REPORT OF PLANNING COMMISSION ACTION DATE September 20 , 1979 Cityof Palm Desert Council Initiated ) APPLICANT � 45-275 Prickly Pear Lane Palm Desert , California 92260 CASE NO. : ZOA 04-79 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of September 19 , 1979 a CONTINUED TO DENIED X APPROVED BY PLANNING COMMISSION RESOLUTION NO. 529 PLACED ON THE AGENDA OF THE CITY COUNCIL OF FOR CONCURRENCE WITH THE PLANNING COMMISSION DECISION. PLACED ON THE AGENDA OF TIME CITY COUNCIL OF FOR PUBLIC HEARING. Any appeal of the above action may be made in writing to the Director of Environmental Services, City of Palm Desert, within fifteen (15) days of the date of the decision. PAUL A. WILLIA"S, SECRETARY PALM DESERT PLANGISG C0:^fISSSION cc: Applicant - C.V.C.W.D. CITY OF PALM DESERT STAFF REPORT UPDATE To: Planning Comnission Report on: Zoning Ordinance Text Amendment Applicant: City of Palm Desert (Council Initiated) Case No. : ZOA 04-79 Date: September 19, 1979, continued from September 4, 1979 I. REQUEST: Request for consideration of an amendment to Sections 25.58.070 and 25.96.040 of the Municipal Code (Zoning Ordinance) of the City of Palm Desert, California, relating to the storage of recreational ve- hicles. II. BACKGROUND: The subject amendment was initiated by the City Council on July 12, 1979 (Reso. No. 79-82) , pursuant to the provisions of Section 25.82. 020, of the Municipal Code which provides for the referral of Coun- cil initiated amendments to the Planning Commission for Public Hear- ing. A Public Hearing was held on September 4, 1979. At this time, the Hearing was continued to September 19, 1979, to allow Environ- mental Services Department Staff and the City Attorney to redraft an amendment in light of the discussion with Commdssion. III. DISCUSSION: It was found that the only Section 25.58.070, need be amended; and therefore, no change is proposed to the section concerning viola- tions and penalties. Storage and screening requirements have been amended in the redrafted section below to address: (a) the application to private property (versus public right-of-way) ; and, (b) a limita- tion for unscreened storage of motorized recreational vehicles (ra- ther than trying to define transportation versus recreation vehicles) . The redrafted Zoning Ordinance Section reads as follows: 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 upon private property unless within an area screened from the public street; pro- viding, however, that the restriction shall not apply to trucks used during pickup 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 there after used for transportation purposes away from the property where it was parked. B. The parking and/or storage of boats and travel trailers shall be prohibited in any residential zone upon private property 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 subse- quent storage period; 3. The vehicle is located within an enclosed building; Staff Report Update Page -2- September 19, 1979 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 pro- vided in this section, the vehicle shall not be used for living, sleep- ing, or housing purposes. (Ord. 128 SS7 (part) , 1976: Ord. 98 § (part) , 1975: Exhibit A S§5.33-2.06) . (NOTE: Underlining indicates new wording added.) IV. STAFF RECONZENOATION: Reccnmend approval to the City Council of a modified zoning ordinance text amendment (as illustrated in Exhibit "A") , based on the justifi- cation contained in the draft Resolution; By adopting Planning Commission Resolution No. PLANNING COMMISSION RESOLUTION NO. 529 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TO THE ZONING ORDINANCE TEXT, RELATIVE TO STORAGE OF RECREATIONAL VEHICLES. CASE NO. ZOA 04-79 WHEREAS, the City Council in Resolution No. 79-82, directed the Planning Commission to hold a Public Hearing to consider text amend- ments to Sections 25.58.070 and 25.96.040, of the Municipal Code (Zoning Ordinance) of the City of Palm Desert; WHEREAS, the Planning Commission of the City of Palm Desert, California did on the 4th day of September, 1979, hold a duly noticed Public Hearing, and continued Public Hearing on the 19th day of September, 1979, to consider amendment of the Zoning Ordinance relative to storage of recreational vehicles; WHEREAS, said amendment has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 78-32", in that the subject project has not been found to present an adverse impact on the environment and a Negative Declaration has been prepared; 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 a modified Zoning Ordinance Text Amendment: 1. That the modified Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance. 2. That the modified Zoning Ordinance Amendment is consistent with the adopted General Plan. 3. That the modified Zoning Ordinance Amendment would better serve the public health, safety, and general welfare, than the currently applicable regulations. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That it does hereby recommend a modified Zoning Ordinance Text Amendment, as provided in the attached exhibit, labeled Exhibit 'A' , to amend Municipal Code Section 25.58.070, specifying regulations for the storage of recreational vehicles, and other matters relating thereto. l PLANNING COMMISSION Page Two RESOLUTION NO. 529 PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of September, 1979, by the following vote, to wit: AYES: Berkey, Kryder, Miller, Snyder NOES: 0 ABSENT: Fleshman ABSTAIN: 0 WALTER H. SNYDER, Chairman ATTEST: PAUL A. WILLIAMS, Secretary (. i Palm Desert Planning Conmi.ssion Exhibit "A" Resolution No. 529 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 upon private property un- less within an area screened from the public street; providing, however, that the restriction shall not apply to trucks used during pickup 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 there after used for transportation purposes away fresn the property where it was parked. B. The parking and/or storage of boats and travel trailers shall be pro- hibited 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 subse- quent storage period; 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 pro- vided in this section, the vehicle shall not be used for living, sleeping, or housing purposes. (Ord. 128 S7 (part) , 1976: Ord. 98 S1 (part) , 1975: Exhibit A 525.33-2.06) . 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 September 21 , 1979 CITY OF PALM DESERT LEGAL NOTICE Case No. ZOA 04-79 Initiation by the Palm Desert City Council of a Zoning Ordinance amendment relating to the storage of recreational vehicles. NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider a request by THE PALM DESERT CITY COUNCIL of an Amendment of Sections 25.58.070 and 25.96.040 of the Palm Desert Zoning Ordinance regarding the storage of Recreational Vehicles. SAID Public Hearing will be held on Thursday, October 11 , 1979, at 7:00 P.M. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. SHEILA R. GILLIGAN, City Clerk City of Palm Desert PUBLISH: Palm Desert Post September 27, 1979 ry 45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA9226O TELEPHONE (714) 346-0611 NEGATIVE DECLARATION (Pursuant to Title 14, Div. 6, Article 7 , Sec. 15083, of the California Administra- tive Code) Case No. : ZOA 04-79 (E.A. No. 79-12) Common Project Name ('if any) Applicant/Project Sponsor : City of Palm Desert (Council Initiated) 45-275 Prickly Pear Lane, Palm Desert, California 92260 Project Description/Location: Amendment of Sections 25. 58 . 070 and 25. 96. 040 of the Palm Desert Zoning Ordinance regarding the storage of Recreational Vehicles. The Director of the Dept . of Environmental Services, City of Palm Desert , California, has found that the described project will not have a significant effect on the environment . A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid poten- tially significant effects, may also be found attached . aul A. Williams, AICP V / Date Dir. of Environmental Services PROOF OF PUBLICATI3N i (2010s 2015.5 CCP) PROOF. OF PUBLICATION OF CITY OF PALM DESERT-LEGAL NOTICE ✓ZOA 04-79 I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years* and not a party to or interested in the above entitled matter. I am the CITY OFPALM €D SERT.T principal clerk of the printer LEGAL NOTICE se No. ZOA 04-79 of PALM DESERT POSTt a newpaper of tionbythePalm Initiation co n it of Palm Desert , CifY council of a Zoning Or- general circulation* printed dinance amendment relatin� t0 the storage of recreation and published daily in the vehicles. N?TICE IS rIEREBV GIV- clty of Riverside* County of EN That a Public Hearing will Riversides and which newspaper be held before the iss oe- i serf-Planning Commission to consider an initiation byy THE has been adjudged a newspaper of PALM DESERT CITY COUN- CIL of an Amendment of Sec- general circulation by the Lions 25.58.070 and 25.96.040 of f the Palm Desert Zoning Ordi- Superior Court of the County of nance regarding the storage of Riverside* State of Californias Recreational D fual.Veharin 5AID Pubhc Hearing IeII be under date of October 51 1964* � ... of 7�o0om. nme r14, n= Case number 83658; that the se Chambers m the Palm S, Pert Lone, Hot', all dS es Pr lc I Pear Lane, Pafm Desert,Call- notice* of which the annexed is ferric, at which time and place all Interested persons a printed Copy* has been published are invited to attend and'be heard. in each regular and entire issue PAUL A. WILLIAMS 4 of said newspaper and not in any 5ec m Desert Plan netary PaiJlq� supplement thereof on the following commission DP-8/23 - datest to-wit: 08/23 t1979 I Certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated August 239 1979 at Riversides California II CITY OF PALM DESERT PROOF OF PUBLICATION NOTICE OF PREPARATION (20101 2015 .$ CCP) OF DECLARATION TINE , The Director of EnvIrOn- mental Services has deter. mined that the following listed projects will not have a signifi- cant adverse impact on the en• yiroqmeet and that a Negative PROOF: OF PUBLICATiOiv Or• ❑eClarat IOn shoule be : adopted: CASE NO. DP 09-79 and TT_ 1S000 . Request for approval of a Planned Residential Devel. opment to allow a Planned Residential Development of 1,111 dwelling units, recrea- tional focilftles and golf NOTICE OF PREP. OF A DRAFT OF five Trad e act 117on Tenta tour T Map 3 l, roxl- mately 404 acres wI n the PR-3, S.P. (Planned Rest-' / DR Ac T, .dential, 3 du/AC, Scenic Preservation Overlay) zone located at the Northeast cor- ner of Cook Street and Coun- I am a citizen of the United }rVy Club Drive. CASE NO. CP 10." and TT States and a resident of the 14996 Req uest forc1pprovai of a County aforesaid; I am over the Planned Reitlentlat Devel- opment to allow 116 dwelling.' age of eighteen years, and not urts and a 18-lot Tentative nits and tennis�Tract MOO a party to o r interested in the on approximately 25 acres on the PR-5 (Planned - above entitled matter. I am t})e Residential, 5 du/AC) zone located on the Southside of principal clerk of the printer Country Club Drive.between', Monterey Avenue and Por- of PALM DESERT POST, a newpaper of cWyifs e'DP 11-79 and TT general circulations printed Request for4aappproval of a and published daily .in the. Planned Residential Dryer-? 'Plasm to allow.ti l e vel:) gt city of Riverside, County of units and recreational focill= ties and a 26 lot Tentative ' Riverside, and which newspaper Tract Map on approximatelyy ' -5 acres within the PRI-1 has been adjudged a newspaper O'f SAC) zonenned to ated lot the ' general circulation by the southwest corner of Ho y- Lane and Portolo Avenue,. Superior Court of the County of CASE NOS. C/Z07-79y, CUP, 79 and TTP.iverside, State of California , Request for approval to gtt low a Change of Zone fromi under date of October 59 19641 R-1, 10,000 .(Single-Family 81000 sq. R. minimum lot, Case number 8.3658; that the size),a 36 unit Planned Resi-_ deAal Development and a.' notice, of which the annexed is Jhe 8llotTer�t, ry�a;°ereMauesl a printed copy, has been published ed) zone; located between Skyward .Way and Home. in each regular and entire issue steadORoaady,Aand bounded an t Of said newspaper and nOt In any CASEN OA 06-79.' - I ` Consideration o d-. supplement thereof on the following nd 25.96.040 at the Palm Dr dates , to—wit: sgert lIZoning sOrdinance re• arreodifig the gto1ege of Re- 0$ 2 311979 s. An oprFeal from this Aster Minot an may be made to - the Planning. Commission. within eight(e)days of the dote of postin of this pub• llc notice by�f[ling an ooyy peal in' accordance wlih Resolution No. 79-32, with I Certify (or declare) under fne. DepalIimentltceo5rEnvl- �eor�at 45275 Prickly Penalty of perjury that the Lane,.P7Im Desert .Cull fornio. If noap I fs Bled foregoing is true and correct. within nthe son l ble.! final: PAUL A. WILLIAMS, AICP, Dated August 23 , 1979 Director of Environmental ries at Riverside, California 2DoteofPubecNotice-August' Dat1979 e Appeal•Period Expires-• August 31, 1979 METHOD OF.NOTICING:, -X- Posting -X- Ma1I to owners of=, Or%'Nr�within NO'., —• Other mailing newspaper and other persons request- CITY OF PALM DESERT ng notice) POP B/7J v x .yY 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 REPORT OF PLANNING COMMISSION ACTION DATE September 6 , 1979 APPLICANT City of Palm Desert ( Council Intiated ) 45-275 Prickly Pear Lane Palm Desert , California 92260 CASE NO. : ZOA 04-79 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of September 4 , 1979 X CONTINUED TO September 19 , 1979 . DENIED APPROVED BY PLANNING COMMISSION RESOLUTION NO. . PLACED ON THE AGENDA OF THE CITY COUNCIL OF FOR CONCURRENCE WITH THE PLANNING COMMISSION DECISION. PLACED ON THE AGENDA OF THE CITY COUNCIL OF FOR PUBLIC HEARING. Any appeal of the above action may be made in writing to the Director of Environmental Services, City of Palm Desert, within fifteen (15) days of the date of the decision, PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING CO.`aSSSION cc: Applicant C.V.C.W.D. CITY OF PALM DESERT STAFF REPORT To: Planning Commission Report On: Zoning Ordinance Text Amendment Applicant: City of Palm Desert (Council Initiated) Case No. : ZOA 04-79 Date: September 4, 1979 I. REQUEST: Request for consideration of an amendment to Sections 25.58.070 and 25.96.040 of the Municipal Code (Zoning Ordinance) of the City of Palm Desert, California, relating to the storage of recreational vehicles. II. BACKGROUND: The subject amendment was initiated by the City Council on July 12, 1979 (Reso. No. 79-82), pursuant to the provisions of Section 25.82.020, of the Municipal Code which provides for the referral of Council initiated amendments to the Planning Commission for Public Hearing. A Public Hearing for this matter has been duly noticed and is now before the Commission for their recommendation. The referenced Zoning Ordinance Sections presently read as follows: 25.58:070 Special limitations in residential zones. .A. The parking and/or storage of trucks and recreational vehicles exceeding a height of eight feet and/or twenty feet in length shall be prohibited in any residential zone unless within an area screened from the public street; pro- viding, however, that the restriction shall not apply to trucks used during pickup and delivery or during construc- tion or repair work while in service. B. The parking and/or storage 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; 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 per- mitted as provided in this section, the vehicle shall not be used for living, sleeping, or housing purposes. (Ord. 128 §7(part) , 1976: Ord. 98 51(part) , 1975: Exhibit A 125.33-2.06). STAFF REPORT Page Two ZOA 04-79 25.96.040 Violation--Penalty. Any person, firm or corporation, whether as principal , agent, employee or otherwise, violating any provisions of this title or any conditional use permit, variance or adjustment granted under this title, is guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine or not more than five hundred dollars, or by im- prisonment in the county jail for a term not exceeding six months or by both such fine and imprisonment. Such person, firm, or corporation is deemed guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued or permitted by such person, firm or corporation, and shall be punishable as provided in this section. (Ord. 99 .§1 (part), 1975: Exhibit A 525.43(part) . The impetus for Council initiation of this amendment was a recent court ruling which found that portions of Section 25.58.070, were pre-empted by the State Vehicle Code; and, that as stated in Section 25.96.040, the City could not impose a misdemeanor penalty, but rather it was a subject for infrac- tion fines. The City Attorney prepared a "draft" Ordinance to amend these sections and it was reviewed by the Council on July 12, 1979. III. DISCUSSION: The subject sections of the Zoning Ordinance were used to cite a vehicle stored in the public right-of-way. The judge's ruling on this case rightfully noted that the public street is regulated by the State Vehicle Code. The City Attorney's office in pre- paring an amendment to these Zoning Ordinance Sections attempted to address recreational vehicles stored in the public right-of-way along with regulation of vehicles on private property. There is general concurrence, now, that these two issues are best separated, noting that the City has an existing chapter of the Municipal Code to regulate street parking. This also obviates the need to amend the second "Violation--Penalty," section of the Zoning Regulations. Even though the primary impetus for initiation of an amendment no longer exists, the matter is before the Commission for hearing and a report back to the Council , therefore, it would be appro- priate, at this time, for the Commission to respond with any changes it may deem necessary to Section 25.58.070. To begin with, Staff would recommend that regulation of vehicle storage in residential zones be clarified 'to indicate "on private property. " Also, it might be advised to distinguish between 'vehicles used primarily for daily transportation and those which are clearly stored for occasional recreational use. Another subject the Commission could discuss is the height of vehicles that are required to be screened. e STAFF REPORT Page Three ZOA 04-79 IV. STAFF RECOMMENDATION: Receive public comments on section amendment; and, discuss any revisions the Commission deems appropriate, which may include: - Clarify that the regulations apply to private property. - Define stored recreational vehicles, versus a daily transportation vehicle (i .e. vans, truck camper, etc. ) - Change the height standard for recreational vehicles which must be screened (presently only R.V. 's over 8 ft. high must be screened, consideration could be given to changing it to apply to R.V. 's over 61-2 ft. ) A draft resolution has been made available to recommend in exhibit 'A' , these and/or any other changes the Commission wished to recommend to the Council . The Commission should continue this matter to their study session meeting of September 19, 1979, giving Staff input to prepare exhibit 'A' for subsequent adoption. RESOLUTION NO. 79-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING A ZONING ORDINANCE TEXT CHANGE IN SECTIONS 25.58.070 AND 25.96.040 OF THE MUNICIPAL CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO STORAGE OF RECREATIONAL VEHICLES. CASE NO. ZOA 04-79. WHEREAS, the City Attorney has prepared a "Draft Ordinance" for the purpose of consideration of initiation of Zoning Ordinance text changes; and WHEREAS, pursuant to Section 25.82.020 of the Palm Desert Municipal Code, the City Council may initiate proceedings to amend said ordinance text and then submit the matter to the Planning Commission for public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, that the Planning Commission is hereby instructed to conduct public hearings on text amendments in Sections 25.58.070 and 25.96.040 of the Municipal Code of the City of Palm Desert, California, as Case No. ZOA 04-79. PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, California, on this 12th day of July 1979, by the following vote, to wit: AYES: Brush, McPherson, Newbrander, Wilson & Mullins NOES: None ABSENT: None ABSTAIN: None LDWARD D. MULLINS, MAYOR ATTEST: xz SHEILA R. GILLIGAN, CITY CLPK CITY OF PALM DESERT, CALIFORNIA 1 INTEROFFICE MEMORANDUM City of Palm Desert " TO: MARTIN J . BOUMAN, CITY MANAGER FROM: FRANK ALLEN, CODE ENFORCEMENT SUPERVISOR SUBJECT: REASONS SECTIONS 25 . 58 . 070 and , DATE: JULY 9 , 1979 25 . 96 . 040 ARE BEING AMENDED BY ORDINANCE NO . 211 A misdemeanor citation was issued to Mr . and Mrs . Harold Wright for violation of Section 25 . 58 . 070 of the zoning ordinance on January 23rd. They were cited for having a boat parked in the front yard and an RV parked in the public right-of-way in front of their home . Section 25 . 58 . 070 (A) states any truck or RV 8 ft. in height and/or 20 ft. in length shall be prohibited from being parked or stored in any residential zone, unless screened from the public streets . Section 25 . 58 . 070 (B) states the parking or storing of boats and travel trailers shall be prohibited unless screened from view from any adjoining property or street. In addition, the Wrights were cited for a misdemeanor, per Section 25 . 96 . 040 of the Municipal Code. The case was heard before Judge Robinson on May 17th. The City was represented by Stephen A. Sindoni, from the City Attorney' s office. Judge Robinson ruled in favor of the City regarding the boat on private property, but against, on the RV parked in the public right-of-way. His reasons on the RV were: 1. The City is pre-empted by the California Vehicle Code , which gives the Cities authority by ordinance to regulate and control traffic on streets and highways . The City has this authority in Chapter 10 . 16 of the Municipal Code, allowing 72 hours con- secutive parking. Therefore, Section 25 . 58 . 070 is contradicting Chapter 10. 16 , and invalid because of the Vehicle Code. 2 . The City cannot impose a misdemeanor as a penalty because Section 42001 of the Vehicle Code spells out infraction fines for viola- tions . Ordinance No. 211 amends Section 25 . 58 . 070 to conform with the rules of the Vehicle Code , and amends 25 . 96. 040 to include infraction fines . --Frank Allen Code Enforcement Supervisor ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM DESERT , CALIFORNIA AMENDING SECTIONS 25 . 58 . 070 and 25 .96 .040 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA RELATING TO STORAGE OF RECREATIONAL VEHICLES The City Council of the City of Palm Desert , California , DOES HEREBY ORDAIN as follows : SECTION 1 : That Section 25 which is 25 . 58 . 070 Special Limitations in Residential zones of Title 25 of the Palm Desert Municipal Code is hereby amended to read as follows : "A. The parking and/or storage of trucks , motor homes , and campers that exceed twenty (20) feet in length and six (6) feet , six (6) inches in height, and including but not limited to boats, travel trailers , utility trailers and other nonmotorized recreational vehicles shall be prohibited in any residential zone whether on a public right of way or private property, unless within an area screened from public view and approved by the City; B. The parking and storage restrictions above shall apply except as follows : 1 . Commercial vehicles used during pickup and delivery or during construction or repair work while in service; 2. The vehicle is stored or parked in a mobile home park zone or planned residential ldistrict in specified areas; J3 . The vehicle is temporarily parked for a period of time not to exceed seventy- two consecutive hours , and not less than seventy-two hours shall elapse between the last storage period and any subsequent storage period; -1- 4 . The vehicle is located within an enclosed building; 5 . 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 vehicle is permitted as provided in this section, the vehicle shall not be used for living , sleeping or housing purposes . D. When any vehicle covered under this section is parked or left standing upon a street for 72 or more consecutive hours , the City may remove the vehicle from the street in the manner prescribed by and subject to the requirements of the vehicle Code. E. Every person, firm or corporation, whether as principal , agent employee or otherwise, violating any of the provisions of this section shall be guilty of an infraction and upon conviction thereof shall be punished by a fine of not exceeding fifty dollars . ($50) and for a second conviction within a period of one year by a fine of not exceeding one hundred dollars ($100) and for a third or any subsequent conviction within a period of one year by a fine of not exceeding two hundred fifty dollars ($250) . F . Every person, firm, or corporation , whether as principal , agent, employee or otherwise, shall be deemed guilty of a separate �€ -2- offense for each and every day during any portion of which any violation of any of the provisions of this section is committed, continued or permitted by such person, and shall be punishable as provided in this section. " SECTION 2 : Section 25 . 96 . 040 Violation-Penalty, of Title 25 of the Palm Desert Municipal Code is hereby amended to read as follows : "Any person, firm or corporation, whether as principal , agent , employee or otherwise, violating any provisions of this title or any conditional use permit , variance or adjustment granted under this title, is guilty of a misdemeanor except where a section of this title specifically provides otherwise , and upon conviction thereof shall be punishable by a fine of .not more than five hundred dollars , or by imprisonment in the county jail for a term not exceeding six months or by both such fine and imprisonment . Such person, firm or corporation is deemed guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued or permitted by such person, firm or corporation, and shall be punishable as provided in this lsection. (Ord. 99 Section 1 (part) , 1975 : ' Exhibit A Section 25 . 43 (part) " . 3 - I l MINANCE NO . 211 PASSED, APPROVED and ADOPTED this day of 1979 , by the following vote , to wit : AYES : , NOES : ABSENT: ABSTAIN: EDWARD D. MULLINS , MAYOR ATTEST : SHEILA R. GILLIGAN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA I - 4 - PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TO THE ZONING ORDINANCE TEXT, RELATIVE TO STORAGE OF RECREATIONAL VEHICLES. CASE NO. ZOA 04-79 ( WHEREAS, the City Council in Resolution No. 79-82, directed the Planning Commission to hold a Public Hearing to consider text amend- ments to Sections 25.58.070 and 25.96.040, of the Municipal Code (Zoning Ordinance) of the City of Palm Desert; WHEREAS, the Planning Commission of the City of Palm Desert, California did on the 4th day of September, 1979, hold a duly noticed Public Hearing, and continued Public Hearing on the 19th day of September, 1979, to consider amendment of the Zoning Ordinance relative to storage of recreational vehicles; WHEREAS, said amendment has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 78-32", in that the subject project has not been found to present an adverse impact on the environment and a Negative Declaration has been prepared; 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 a modified Zoning Ordinance Text Amendment: 1. That the modified Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance. 2. That the modified Zoning Ordinance Amendment is consistent with the adopted General Plan. 3. That the modified Zoning Ordinance Amendment would better serve the public health, safety, and general welfare, than the currently applicable regulations. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That it does hereby recommend a modified Zoning Ordinance Text Amendment, as provided in the attached exhibit, labeled Exhibit 'A' , to amend Municipal Code Section 25.58.070, specifying regulations for the storage of recreational vehicles, and other matters relating thereto. l PLANNING COMMISSION Page Two RESOLUTION NO. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of September, 1979, by the following vote, to wit: AYES: NOES: ( ABSENT: l ABSTAIN: WALTER H. SNYDER, Chairman ATTEST: PAUL A. WILLIAMS Secretary l .. �`• 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 NOTICE OF PREPARATION OF A "DRAFT" NEGATIVE DECLARATION i The Director of Environmental Services has determined that the following listed projects will not have a significant adverse impact on the environment and that a Negative Declaration should be adopted: CASE P.O. OP 09-79 and TT 15000 Request for approval of a Planned Residential Development to allow a Planned Residential Development of 1,111 dwelling units, recreational facilities and golf course and a 1173 lot Tentative Tract Map on approximately 404 acres within the PR-3, S.P. (Planned Residential, 3 du/AC, Scenic Preservation Overlay) zone located at the Northeast corner of Cook Street and Country Club Drive. ------- ------- --- ---- -- --------- ' CASE NO. DP 10-79 and TT 14996 , Request for approval of a Planned Residential Development to allow 116 dwelling units and tennis courts and a 118 lot Tentative Tract Map on approximately 25 acres within the PR-5 (Planned Residential, 5 du/AC) zone located on the Southside of Country Club Drive, between Monterey Avenue and Portola Avenue. CASE NOS, DP 11-79 and TT 14998 Request for approval of a Planned Residential Development to allow 22 dwelling units and recreational facilities and a 26 lot Tentative Tract Map on approximately 5 acres within the PR-5 (Planned Residential, 5 du/AC) zone located at the Southwest corner of Hovely Lane and Portola Avenue. --———— ———————— — —————————— ——— ———— CASE NOS. C/Z 07-79, CUP 05-79 and TT 14999 . Request for approval to allow a Change of Zone from R-1, 10,000 (Single-Family 8,000 so. ft. minimum lot size), a 36 unit Planned Residential Development and a 38 lot - Tentative Tract Map in the R-2, 8,000 (zone requested) zone, located between Skyward Stay and Homestead Road, and bounded on the east by Arrow Trail. CASE NO. ZOA 04-79 Consideration of an Amendment of Sections 25.58.070 and 25.96.040 of the Palm Desert Zoning Ordinance regarding the storage of Recreational Vehicles. An appeal from this determination may be made to the Planning Commission within eight (8) days of the date of posting of this public notice by filing an appeal in accordance with Resolution No. 78-32, with the Department of Environmental Services located at 45-275 Prickly y Pear Lane, Palm Desert, California. If no appeal is filed within the said time, this determination shall be final. \� PAUL A. 4liLU:.P1S, AICP Director of Environmental Services Date of Public Notice August 23, 1979 Date Appeal Period Expires Aunust 31. 1979 METHOD OF NOTICING: r Posting ✓ Mailing to owners of property within 300' _ Publication in newspaper . __ Other mailing (agencies and other persons requesting notice) - ' 45-275 PRICKLY PEAR LANE, PALM DESERT, CAUFORNIA 92260 TELEPHONE (714) 346-0611 August 17, 11979 CITY OF PALM DESERT LEGAL NOTICE Case No. ZOA 04-79 Initiation by the Palm Desert City Council of a Zoning Ordinance amendment relating to the storage of recreational vehicles. NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider an,initiati-on by THE PALM DESERT CITY COUNCIL of an Amendment of Sections 25.58.070 and 25:96.040 of the Palm Desert Zoning Ordinance regarding the storage of Recreational Vehicles. SAID Public Hearing will be held on Tuesday, September 4, 1979, at 7:00 P.M. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are in- vited to attend and be heard. PAUL A. WILLIAMS, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post August 23, 1979 �'d17,f S� IX. ORDINANCES , For Introduction: A. ORDINANCE NO. 211 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 25 . 58 . 070 AND 25 . 96. 040 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO STORAGE OF RECREATIONAL VEHICLES . Mr. Bouman stated that this suggested change in the ordinance would extend the prohibition of parking recreational vehicles to on-street parking and was as a result of recent experience the City has had of not being able to enforce violations . However, under the provisions of the Municipal Code, the amendment must be submitted to the Planning Commission for their recommendation. Staff ' s recommendation, therefore , was to adopt Resolution No . 79-82 which would refer the matter to the Planning Commission for study and recommendation. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and adopt Resolution No . 79-82 . Motion carried unanimously. Lw Councilman Brush asked that the section relative to height limitation on recreational vehicle storage also be reviewed as the 6 ' maximum did not appear to be reasonable. For Adoption: A. ORDINANCE NO. 210 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 25 . 70. 020 OF THE PALM DESERT 14UNICIPAL CODE PERTAINING TO DESIGN REVIEW. Mr. Bouman advised that this was the second reading of the ordinance and that no further input had been received. Councilman Wilson moved and Councilman McPherson seconded to waive further reading and adopt Ordinance No . 210 . Motion carried on a 4-1 vote with Councilman Brush voting NO . X. CONSENT ITEMS HELD OVER F. REQUEST FOR REFUND OF PRIOR YEAR'S REVENUES BY Jeffrey P . Schley, General Contractor, In The Amount of $514. 00. Mr . Bouman asked that before Council took action on this particular item of the Consent Calendar, that they consider adopting a special Resolution, No . 79-84, which would appro- priate funds into the 1979-80 budget to provide for refunds of prior years ' revenue in the New Construction Tax Fund. This is a standard budget account which was overlooked this year in budget preparation. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 79-84 . Motion carried unanimously. Councilman Wilson moved and Councilman McPherson seconded to authorize the refund requested by Jeffrey P. Schley in the amount of $514 . 00 from Account #31-4999-000. Motion carried unanimously. XI . CONTINUING BUSINESS None XII . NEW BUSINESS None XIII. OLD BUSINESS None XIV. ORAL COMMUNICATIONS None July 12 , 1979 Page 3 • - XV. REPORTS AND REMARKS A. CITY MANAGER Mr . Bouman stated that there were two additional items which Mr. Clyde Beebe, Director of Public Works , would present : 1. Mr . Beebe stated that it had been discovered that the developers of Tract 5277-1 , Shadow Mountain Resort & Racquet Club, had inadvertently duplicated their bonding. This project was started under the County prior to the City' s incorporation, and thus l there had been some confusion relative to the bonds posted. He requested that the Council release both J a $3 , 510 cash monumentation deposit and the $60, 000 remaining on a Certification of Deposit . All work had been completed to his Department ' s satisfaction . Councilman Wilson moved and Councilman Brush seconded to release the $3 , 510 cash monumentation deposit and the $60 , 000 Certificate of Deposit as requested. Motion carried unanimously. 2 . RESOLUTION NO. 79-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PAL14 DESERT, CALIFORNIA, DECLARING ITS INTENTION TO FORM THE LANDSCAPING AND LIGHTING DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING DISTRICT ACT OF 1972 (LANDSCAPING AND LIGHTING DISTRICT 2 (LEWIS HOMES) ) . Mr . Beebe stated that this district for Tract 11636-1 , Lewis Homes , had come to Council ' s attention at their prior meeting at which time the Council authorized Mr . Beebe to proceed and file a report with the City Clerk as well as a map . This has been done. This resolu- tion will establish a public hearing on August 9 , 1979 , to receive any input on the proposed district . Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No . 79-83 . Motion carried unanimously. B. CITY ATTORNEY None C. 14AYOR AND MEMBERS OF THE CITY COUNCIL Mayor Mullins asked that everyone note the future meetings listed on the Agenda. XVI . ADJOURNMENT Councilman Wilson moved and Councilman McPherson seconded to adjourn the meeting to Executive Session for the purpose of discussing Personnel matters , said Executive Session to be held immediately fol- lowing the Redevelopment Agency. Motion carried unanimously. Mayor Mullins adjourned to Executive Session at 7 : 25 p .m. , noting the Session would not be held until immediately after the Redevelopment Agency meeting. Mayor Mullins reconvened the meeting of the City Council at 9 : 30 p .m. and immediately adjourned it announcing that no decisions 1 had been made during the Executive Session. JI EDWARD D. MULLINS , :4AYOR ATTEST: SHEILA R. GILLIGAN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA July 12, 1979 Page 4 RESOLUTION NO. 79-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING A ZONING ORDINANCE TEXT CHANGE IN SECTIONS 25. 58.070 AND 25.96.040 OF THE MUNICIPAL CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO STORAGE OF RECREATIONAL�VEHICLES. CASE NO. ZOA 04-79. WHEREAS, the City Attorney has prepared a "Draft Ordinance" for the purpose of consideration of initiation of Zoning Ordinance text changes; and WHEREAS, pursuant to Section 25.82.020 of the Palm Desert Municipal Code, the City Council may initiate proceedings to amend said ordinance text and then submit the matter to the Planning Commission for public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, that the Planning Commission is hereby instructed to conduct public hearings on text amendments in Sections 25.58.070 and 25.96.040 of the Municipal Code of the City of Palm Desert, California, as Case No. ZOA 04-79. PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert California on this day of 1979 b the following , Y , > Y 9 vote, to wit: AYES: NOES: ABSENT: ABSTAIN: EDWARD D. MULLINS, MAYOR ATTEST: SHEILA R. GILLIGAN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA i