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HomeMy WebLinkAboutZOA 88-1 RV PARKING/STORAGE 1988 r PLANNING COMMIISSION RESOLUTION NO. 1283 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, DELETING SECTIONS 10.16.100 AND 25.58.070 AND ADDING CHAPTER 8.40 REGULATING THE PARKING AND STORAGE OF RECREATIONAL VEHICLES ON PRIVATE PROPERTY. CASE NOc-ZOA 88--f-) WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of April, 1988, hold a duly noticed public hearing to consider approval of chapter 8.40 regulating recreational vehicles on private property. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert as follows: Section 1: That sections 10.16.100 and 25.58.070 of the Palm Desert Municipal Code be and the same are hereby repealed. Section 2: That chapter 8.40 be and the same is hereby added to the Palm Desert Municipal Code, to read as follows: Chapter 8: Recreational Vehicles on Private Property. 8.40.010 Purpose of Ordinance. The planning commission finds recreational vehicles not regulated as to parking and storing on private property do not express the community's appearance and may interfere with the health, safety and welfare of the connunity. Further, the enhancement and preservation of the appearance of Palm Desert will not be successful unless greater concern is applied to the regulation of such vehicles; and The planning connission in considering the concerns of citizens not waning recreational vehicles having the right of enjoyment of property and protection of property values, knowing that constitutional rights are guaranteed to citizens owning recreational vehicles, therefore, for these reasons, the regulations of this ordinance are deemed by the planning conmission to be necessary. 8.40.020 Definition of Recreational Vehicles. " Recreational vehicles" in this ordinance includes, but is not limited to the following specific vehicles: A) Aircraft = A general term applying to all manner of aircraft whether impelled by wind or mechanical devices and which is designed for recreational or vacation use. An aircraft when mounted upon a trailer shall be considered one (1) unit. B) Camper = A separate vehicle designed for human habitation and which can be attached or detached from a pickup truck. When removed from the truck, campers are called unmounted campers. These campers are sometimes referred to as truck campers and overhead campers. Camper shells on pickup trucks are excluded from this definition. 1 ^PLAt NIM CC NIISSION RESOLUrION NO. 1283 C) Camping Trailer = A type of trailer or trailer coach, the walls of which are so constructed as to be collapsible and made out of either canvas or similar cloth, or some form of rigid material such as fiberglass or plastic or metal. The walls are collapsed while the recreational vehicle is being towed or stored and are raised or unfolded when the vehicle becomes temporary living quarters and is not being moved. D) Motor Home = A motorized .vehicle that has a truck or motor van chassis primarily designed to provide temporary living quarters for travel, camping, recreation and vacation use. E) Travel Trailer = A trailer without its own motive power, designed as a temporary dwelling for travel, camping, recreation and vacation use. This definition includes fifth wheelers. F) Utility Trailer = A trailer without its own motive power, designed and or used for the transportation of animals, goods, material, aircraft, watercraft and all manner of motor vehicles. G) Watercraft = Is a general term applying to all manner of watercraft whether impelled by wind, oars or mechanical devices and which is designed primarily for recreation or vacation use. A watercraft when mounted upon a trailer, shall be considered one (1) unit. 8.40.030 Definitions Regarding Land. The definition regarding land as applied to this ordinance are: A) Corner Lot = A lot at the intersection or intersections of two (2) or more streets. u for the exclusive a Designated a an occupant A driveway approved by the city p or guest, made of asphalt, concrete or other approved material. C) Lot Line = Boundary lines of a lot. D) Property Line = Boundary lines of a lot. E) Public Right-of-Way = Any street, alley, pedestrian walkway, channel, bridge, in which the public has a right to use. F) Set back area = Means the area between the building line and the property line or when abutting a street, the ultimate right-of-way line. G) Space not Available = Means where terrain prohibits parking the vehicle in the side or rear yard or substantial damage to existing large trees will occur if so located in a rear yard. 2 PIMZUAG CUNMSSICN RESOLUPION NO. 1283 H) Yard, Front = That part of a lot between the front lot line and the front(s) of the principal building on the lot, and extended to both side lot lines. I) Yard, Rear = That part of a lot between the rear lot line and the back(s) of the principal building on the lot, and extended to both side lot lines. J) Yard, Side = That part of a lot not surrounded by a building and not in the front or rear yard. 8.40.040 Measurement of Recreational Vehicles. The measurement of a recreational vehicle unit shall not exceed eight (8) feet in width and twelve (12) feet in height. The height includes the trailer if a unit is mounted on the trailer. 8.40.050 Permitted & Non Permitted Use of Recreational Vehicles. It is unlawful for any person to park or store any recreational vehicle on private property in any residential zone in the City of Palm Desert, except: 1. Within an enclosed building or carport conforming with all provisions, restrictions and regulations of the zoning codes and building codes of the City of Palm Desert. 2. In rear and side yards as follows: a) In the rear yard and if located in a side yard so long as no part of the vehicle projects beyond the front roof line of the house; and b) Be screened from adjacent lots and streets by a solid fence, wall, door or gate, which must be six (6) feet in height in accordance with the zoning codes of the City of Palm Desert, or screened by shrubbery or hedge, providing such plants produce effective screening with minimum height of six (6) feet at all times; and c) Any door or gate providing screening from adjacent lots or streets or other public right-of-way for any vehicle parked therein, shall be kept closed when not in use. 3. In front yards as follows: a) Where space is not available as defined in Section 8.40.030 (G) in either the side or rear yard and space shall be deemed available and vehicles shall not be parked in front of corer lots. The existence of a fence or wall shall not necessarily prevent the parking of a vehicle in a rear or side yard under this section; and 3 PbAt 11C ClI-MSSION RESOLUTION NO. 1283 b) The vehicle is parked in a designated driveway or other city approved hard surface area. The front five (5) feet of the front yard set back shall be landscaped as approved by the city to provide screening of the recreational vehicle; and c) The vehicle must not encroach into the public right-of-way and unless an exception is granted by the city, the vehicle shall be parked perpendicular to the public right-of-way. 4. Unmounted campers and shells because of the potential hazards they present to persons must be stored in a rear or side yard or enclosed structure. 5. No vehicle shall be so parked as to interfere with the motorist's line-of-sight when approaching intersections or when exiting a designated driveway. 8.40.060 General Conditions. 1. Where the parking or storing of recreational vehicles are permitted as provided in this ordinance, the vehicles shall not be used for living, sleeping or housing purposes. 2. No more than one (1) recreational vehicle may be parked or stored in the permissable front yard area. 3. The vehicle must be awned by the resident of the premises or their guests. 4. The vehicle and the area of parking or storage shall be maintained in a clean, neat and presentable manner, so as not to detract from the appearance of the neighborhood, and the vehicle shall be in a usable condition at all times, and capable of being moved from the site within one (1) hour. S. A vehicle shall not be permanently connected to a sewer line, water line or electricity except for charging batteries and other purposes, and to a water line to fill the vehicle holding tank. 6. A person must comply with Chapter 8.32 of the Palm Desert Code pertaining to vehicle repairs. 8.40.070 Severability. Should any provision of this chapter be field invalid, such invalidity shall not affect other provisions which can be given effect without the invalid provision, and to this and, the provisions of this ordinance are declared severable. 4 �I PLANNING CL4-11SSION RESOLUTION NO. 12B3 8.40.080 Violation Constitutes an Infraction. Any person who violates any provisions of this chapter is deemed guilty of an infraction in - accordance with Chapter 1.12 of the Palm Desert Code. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Ccamission held on this 5th day of April, 1988, by the following vote, to wit: AYES: DOWNS, RICHARDS, WHITLOCK, ERWOOD NOES: NONE ABSENT: LADLOW ABSTAIN: NONE ERWOOD, Chairman ATTEST: WVV1;0W1q RAMON A. DIAZ, Secifet 5 R MINUTES PALM DESERT PLAWIAG OaIMISSICN APRIL 5, 1988 MR. WENDELL RYLEE, 73-720 Shadow Mountain Drive, stated that as soon as permits were pulled, the 20 units would be built. He explained that the property was in escrow and they planned to proceed within the next two .to three weeks. He also concurred with the staff report. Chairman Erwood 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 raised several questions relating to what would happen if the project were built and then went broke and what the building could be used for; what happens to the mortgage; and the city's position. Mr. Rylee stated that the property is deeded to Cable and Rylee. He explained that in the event that Cable and Rylee defaulted on the agreement, the city would have the right to take over the project, but Cable and Rylee would still own the property. He indicated they would have a $600,000 mortgage and at the end of 30 years they will own the property. After further discussion, Cannissioner Richards felt that the city's position was not being protected and suggested the city buying the property and then leasing it to Cable and Rylee as operators. He felt the city should be in control and better protected. Moved by Ccnnissioner Richards, seconded by Cannissioner Downs, to deny the request. Mr. Diaz suggested a continuance to allow Mr. Phillips and Mr. Ellis of the city attorney's office to be present. The motion for denial was withdrawn and Chairman Erwood reopened the public hearing to allow for a motion of continuance. Action: Moved by Commssioner Richards, seconded by Commissioner Whitlock, continuing DA 88-1 to April 19, 1988. Carried 3-1 (Commissioner Downs voted no. ) C. Case No. zoA 88--i,�- my OF PALM DESERT, Applicant Request for consideration a zoning ordinance amendiient regulating the parking and storage of 7 j t MINLnES PALM DESE17r PLANNING M4-USSICN APRIL 5, 1988 i recreational vehicles on private property. Staff recommended approval of the proposed amendment. Commissioner Downs crnmented that he was on the committee and felt that the matter was resolved fairly well. Commissioner Richards requested a review of the committees findings and Mr. Allen complied. Chairman Erwood opened the public testimony and asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed zoning ordinance amendment. { i MS. MARIA SILVER, 48-065 Silver Spur, stated that she is a homeowner and was concerned for other people with RV's in the area. She indicated that one of her neighbors has been living in a motor home and felt that it was an eyesore and detracted from the $350,000 to $500,000 homes. She felt the matter should not be handled too quickly. She also suggested a city-owned RV parking facility. Chairman Erwood explained that several public hearings were held on this and a city-awned facility was ruled out because of vandalism and ! enforcement problems. He also explained that it is prohibited for j people to live in their RV's. 1 ' MR. DON THOMPSON, 74-090 Anza Way, stated that he has attended previous hearings in opposition, but he was on the committee and felt that compared to other cities, this is the best ordinance. He recommended approval. MS: RIA WOLLERN stated that she was also on the ordinance committee and liked the fact that RV's would not be parked on vacant lots, but will have special parking places with fencing or landscaping for coverage. She noted that RV's are to be kept neat and clean. She felt it was a good ordinance and ( recommended approval. Chairman Elwood closed the public testimony. He thanked everyone that served on the committee. Action: Moved by Commissioner Downs, seconded by Commissioner Whitlock, adopting the findings as presented by staff. Carried 4-0. Moved by Commissioner Downs, seconded by Commissioner Whitlock, 8 i I Y MINUTES PALM DESERT PLANNING, CCMMISSION APRIL 5, 1988 adopting Planning Commission Resolution No. 1283, recommending approval of ZOA 88-1 to city council. Carried 4-0. Vill. MISCELLANEOUS A. North Sphere Specific Plan and Draft Envirc nental Impact Report - CITY OF PALM DESERT, Applicant Request for consideration of the North Sphere Specific Plan and Draft Enviro nmental onmental Impact Report for the area generally located south of Interstate 10, west of Washington Street, north of 42nd and the Whitewater Channel, and east of Monterey Avenue. Mr. Diaz explained that he had not received the information he was expecting from Wallace, Roberts and Todd and, therefore, requested a continuance to May 17, 1988. Commission concurred. Action: Moved by Commissioner Downs, seconded by Commissioner Richards, continuingthis matter to may 17 1988.Y Carried 4-0. B. Proposed Change for the Villas (formerly Desert Falls). Mr. Diaz explained that the applicant was requesting a modification to allow two-stor y units next to the Avondale Country Club and noted that it was the city attorney's opinion that this item was not a minor modification and an advertised public hearing would be necessary. Ccmnissioners Dawns and Richards felt it was a minor modification. Chairman Erwood reminded cannission that the decision originally to have only single story was agreed to at a public hearing and questioned haw many people the signed agreement actually represented. MR. FRED EDINBERG, 39-825 Sweetwater, stated that this matter was put to all the homeowners at their annual meeting and was approved 100%. MR. D.F. STEVENS, 38-390 Tandika Trail, reviewed the process that brought than the final plan changes for the two-story buildings. He stated that there would be no change in density and he would not like to go through additional public hearings. 9 CITY OF PALM DESERT INTEROFFICE MEMORANDUM TO: COMMISSIONER RICHARD Eff"D AND COMMISSION MEMBERS FROM: FRANK ALLEN, CODE COMPLIANCE DIRECTOR SUBJECT: ORDINANCE REGULATING PARKING/STORAGE OF RECREATIONAL VEHICLES ON PRIVATE PROPERTY DATE: MARCH 8, 1988 DISCUSSION: A Recreational Vehicle Committee was formed to assist me in drafting an ordinance regulating recreational vehicles on private property. The camdttee was composed of: A Council Person A Planning Commission Member Three RV owners Director of Code Compliance Deputy City Attorney I drafted an ordinance for the comdttee to be discussed at the first meeting held February 8th. Fran the input received at this meeting, I then made changes to the ordinance and then conducted another meeting March 7th. At this meeting, some minor changes were made and it was recommended to submit it to the Planning Cammmission. The ordinance basically requires recreational vehicles to be parked in the rear and side yards where possible, and if unable to do so, vehicles may be permitted to be parked in designated driveways and other hard surface areas under certain guidelines. 1 SUBJECT: RECREATIONAL VEHICLES DATE: MARCH 8, 1988 PAGE 2 RECDMKEVDATION: The Recreational Vehicle Conmtittee recmnends approval of this ordinance. FRANK ALL Director Code Canpliance Department FA:daj PLANNING COhMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COYMiSSION FOR THE CITY OF PALM DESERT, CALIFORNIA, DELETING SECTIONS 10.16.100 AND 25.58.070 AND ADDING CHAPTER 8.40 REGULATING THE PARKING AND STORAGE OF RECREATIONAL VEHICLES ON PRIVATE PROPERTY. CASE NO. ZOA88-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on April 5, 1988 did told a duly noticed public hearing to consider approval of Chapter 8.40 regulating recreational vehicles on private property. NOW, THEREFORE, be it resolved by the Planning Commission of the City of Palm Desert as follows: Section 1: That sections 10.16.100 and 25.58.070 of the Palm Desert Municipal Code be and the same are hereby repealed. Section 2: That chapter 8.40 be and the same is hereby added to the Palm Desert Municipal Code, to read as follows: Chapter 8: Recreational Vehicles on Private Property. 8.40.010 Purpose of Ordinance. The Planning Commission finds recreational vehicles not regulated as to parking and storing on private property do not express the community's appearance and may interfere with the health, safety and welfare of the community. Further, the enhancement and preservation of the appearance of Palm Desert will not be successful unless greater concern is applied to the regulation of such vehicles; and The Planning commission in considering the concerns of citizens not owning recreational vehicles having the right of enjoyment of property and protection of property values, knowing that constitutional rights are guaranteed to citizens owning recreational vehicles, therefore, for these reasons, the regulations of this ordinance are deemed by the Planning Commission to be necessary. 8.40.020 Definition of Recreational Vehicles. "Recreational vehicles" in this ordinance includes, but is not limited to the following specific vehicles: A) Aircraft = A general term applying to all manner of aircraft whether impelled by wind or mechanical devices and which is designed for recreational or vacation use. An aircraft when mounted upon a trailer shall be considered one (1) unit. B) Camper = A separate vehicle designed for human habitation and which can be attached or detached from a pick up truck. When removed from the truck, campers are called unmounted campers. These campers are sometimes referred to as truck campers and overhead campers. Camper shells on pick up trucks are excluded from this definition. PLANNING COMMISSION RESOLUTION NO. C) Camping Trailer = A type of trailer or trailer coach, the walls of which are so constructed as to be collapsible and made out of either canvas or similar cloth, or some form of rigid material such as fiberglass or plastic or metal. The walls are collapsed while the recreational vehicle is being towed or stored and are raised or unfolded when the vehicle becomes temporary living quarters and is not being moved. D) Motor Home = A motorized vehicle that has a truck or motor van chassis primarily designed to provide temporary living quarters for travel, camping, recreation and vacation use. E) Travel Trailer = A trailer without its own motive power, designed as a temporary dwelling for travel, camping, recreation and vacation use. This definition includes fifth wheelers. F) Utility Trailer = A trailer without its own motive power designed and or used for the transportation of animals, goods, material, aircraft, watercraft and all manner of motor vehicles. G) Watercraft = Is a general term applying to all manner of watercraft whether impelled by wind, oars or mechanical devices and which is designed primarily for recreation or vacation use. A watercraft when mounted upon a trailer, shall be considered one (1) unit. 8.40.030 Definitions Regarding Land. The definition regarding land as applied to this ordinance are: A) Corner Lot = A lot at the intersection or intersections of two (2) or more streets. B) Designated Driveway = A driveway approved by the City for the exclusive use of an occupant or guest, made of asphalt, concrete or other approved material. C) Lot Line = Boundary lines of a lot. D) Property Line = Boundary lines of a lot. E) Public Right-of-Way = Any street, alley, pedestrian walkway, channel, bridge, in which the public has a right to use. F) Set back area = Means the area between the building line and the property line or when abutting a street, the ultimate right-of-way line. G) Space not Available = Means where terrain prohibits parking the vehicle in the side or rear yard or substantial damage to existing large trees will occur if so located in a rear yard. 2 PLANNING COMMISSION RE.SOLUfION NO. H) Yard, Front = That part of a lot between the front lot line and the front(s) of the principal building on the lot, and extended to both side lot lines. I) Yard, Rear = That part of a lot between the rear lot line and the back(s) of the principal building on the lot, and extended to both side lot lines. J) Yard, Side = That part of a lot not surrounded by a building and not in the front or rear yard. 8.40.040 Measurement of Recreational Vehicles. The measurement of a recreational vehicle unit shall not exceed eight (8) feet in width and twelve (12) feet in height. The height includes the trailer if a unit is mounted on the trailer. 8.40.050 Permitted & Non Permitted Use of Recreational Vehicles. It is unlawful for any person to park or store any recreational vehicle on private property in any residential zone in the City of Palm Desert, except: 1. Within an enclosed building or carport conforming with all provisions, restrictions and regulations of the zoning codes and building codes of the City of Palm Desert. 2. In rear and side yards as follows: a) In the rear yard and if located in a side yard so long as no part of the vehicle projects beyond the front roof line of the house; and b) Be screened from adjacent lots and streets by a solid fence, wall, door or gate, which must be six (6) feet in height in accordance with the zoning codes of the City of Palm Desert, or screened by shrubbery or hedge, providing such plants produce effective screening with minimum height of six (6) feet at all times; and c) Any door or gate providing screening from adjacent lots or streets or other public right-of-way for any vehicle parked therein, shall be kept closed when not in use. 3. In front yards as follows: a) Where space is not available as defined in Section 8.40.030 (G) in either the side or rear yard and space shall be deemed available and vehicles shall not be parked in front of corner lots. The existence of a fence or wall shall not necessarily prevent the parking of a vehicle in a rear or side yard under this section; and 3 PLANNING COMMISSION RESOLUTION NO. b) The vehicle is parked in a designated driveway or other City approved hard surface area. The front five (5) feet of the front yard set back shall be landscaped as approved by the City to provide screening of the recreational vehicle; and c) The vehicle must not encroach into the public right-of-way and unless an exception is granted by the City, the vehicle shall be parked perpendicular to the public right-of-way; 4. Unmounted campers and shells because of the potential hazards they present to persons must be stored in a rear or side yard or enclosed structure. 5. No vehicle shall be so parked as to interfere with the motorist's line-of-sight when approaching intersections or when exiting a designated driveway. 8.40.060 General Conditions. 1. Where the parking or storing of recreational vehicles are permitted as provided in this ordinance, the vehicles shall not be used for living, sleeping or housing purposes. 2. No more than one (1) recreational vehicle may be parked or stored in the permi.ssable front yard area. 3. The vehicle must be owned by the resident of the premises or their guests. 4. The vehicle and the area of parking or storage shall be maintained in a clean, neat and presentable manner, so as not to detract from the appearance of the neighborhood, and the vehicle shall be in a usable condition at all times, and capable of being moved from the site within one (1) hour. 5. A vehicle shall not be permanently connected to a sewer line, water line or electricity except for charging batteries and other purposes, and to a water line to fill the vehicle holding tank. 6. A person must comply with Chapter 8.32 of the Palm Desert Code pertaining to vehicle repairs. 8.40.070 Severability. Should any provision of this chapter be held invalid, such invalidity shall not affect other provisions which can be given effect without the invalid provision, and to this and, the provisions of this ordinance are declared severable. 4 PLANNING OOMMISSION RESOLUTION NO. 8.40.080 Violation Constitutes an Infraction. Any person who violates any provisions of this chapter is deemed guilty of an infraction in accordance with Chapter 1.12 of the Palm Desert Code. PASSED, APPROVED, and ADOPTED by the Planning Cbmuission of the City of Palm Desert, California, this 5th day of April, 1988, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RIC HARD ERWOOD, Chairman ATTEST: RAMON A. DIAZ, Secretary 5 - h 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346.0611 March 11, 1988 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 88-1 NOTICE IS HERESY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider recamnending approval to city council a zoning ordinance arteradment regulating the parking and storage of recreational vehicles on private property. SAID public hearing will be held on Tuesday, April 5, 1988, at 7:00 p.m. in 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 proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council) at, or prior to, the public hearing. PUBLISH: Desert Post RAMON A. DIAZ, Secretary March 25, 1988 Palm Desert Planning Commission 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 NOTICE OF PUBLIC HEARING . CITY OF PALM DESERT CASE NO. ZOA88- 1 Notice is hereby given that a Public Hearing will be held before the Palm Desert Planning Commission to consider an ordinance regulating the parking and storage of recreational vehicles on private property. Said Public Hearing will be held Tuesday, April 5 , 1988 , at 7 : 00 P . M . in the Council Chambers located at , 73- 510 Fred Waring Drive , Palm Desert , California at which time and place all interested persons are invited to be present and be heard . RAY DIAZ DIRECTOR OF COMMUNITY DEVELOPMENT a RESOLUTION NO . A RESOLUTION OF THE PLANNING COMMISSION FOR THE CITY OF PALM DESERT, CALIFORNIA , DELETING SECTIONS 10 . 16 . 100 AND 25 . 58 . 070 AND ADDING CHAPTER 8 . 40 REGULATING THE PARKING AND STORAGE OF RECREATIONAL VEHICLES ON PRIVATE PROPERTY . CASE NO . ZOA88- 1 WHEREAS , the Planning Commission of the City of Palm Desert , California , did on April 5 , 1988 did hold a duly noticed public hearing to consider approval of Chapter 8 . 40 regulating recreational vehicles on private property. NOW , THEREFORE , be it resolved by the Planning Commiss- ion of the City of Palm Desert as follows : Section I : That sections 10 . 16 . 100 and 25 . 58 . 070 of the Palm Desert Municipal Code be and the same are hereby repealed . Section 2 : That chapter 8 . 40 be and the same is hereby added to the Palm Desert Municipal Code , to read as follows : Chapter 8 : Recreational Vehicles on Private Property. 8 . 40 . 010 Purpose of Ordinance . The Planning Commissi - on finds recreational vehicles not regulated as to parking and storing on private property do not express the community ' s appearance and may interfere with the health , safety and welfare of the community . Further , the enhancement and preservation of the appearance of Palm Desert will not be successful unless greater concern is applied to the regulation of such vehicles ; and The Planning commission in considering the concerns of citizens not owning recreational vehicles having the right of enjoyment of property and protection of property values , knowing that constitutional rights are guaranteed to citizens owning recreational vehicles , therefore , for these reasons , the regulations of this ordinance are deemed by the Planning Commiss- ion to be necessary. 8. 40 . 020 Definition of Recreational Vehicles . "Recreational vehicles" in this ordinance includes , but is not limited to the following specific vehicles : A ) Aircraft = A general term applying to all manner of aircraft whether impelled by wind or mechanical devices and which is designed for recreational or vacation use . An aircraft when mounted upon a trailer shall be considered one ( 1 ) unit . w - 1 - B) Camper = A separate vehicle designed for human habitation and which can be attached or detached from a pick up truck . When removed from the truck , campers are called unmounted campers . These campers are sometimes referred to as truck campers and overhead campers . Camper shells on pick up trucks are excluded from this definition . C ) Camping Trailer = A type of trailer or trailer coach , the walls of which are so constructed as to be collapsible and made out of either canvas or similar cloth , or some form of rigid material such as fiberglass or plastic or metal . The walls are collapsed while the recreational vehicle is being towed or stored and are raised or unfolded when the vehicle becomes temporary living quarters and is not being moved . D) Motor Home = A motorized vehicle that has a truck or motor van chassis primarily designed to provide temporary living quarters for travel , camping, recreation and vacation use . E ) Travel Trailer = A trailer without its own motive power , designed as a temporary dwelling for travel , camping, recreation and vacation use . This definition includes fifth wheelers . F ) Utility Trailer = A trailer without its own motive power designed and or used for the transportation of animals , goods , material , aircraft , watercraft and all manner of motor vehicles . G) Watercraft = Is a general term applying to all manner of watercraft whether impelled by wind , oars or mechanical devices and which is designed primarily for recreation or vacation use . A watercraft when mounted upon a trailer , shall be considered one ( 1 ) unit . 8. 40 . 030 Definitions Regarding Land . The definition regarding land as applied to this ordinance are: A) Corner Lot = A lot at the intersection or intersections of two ( 2 ) or more streets . B) Designated Driveway = A driveway approved by the City for the exclusive use of an occupant or guest, made of asphalt, concrete or other approved material . -2- C) Lot Line = Boundary lines of a lot . D) Property Line = Boundary lines of a lot . E ) Public Right-of-Way = Any street , alley, pedestrian walkway, channel , bridge , in which the public has a right to use . F ) Set back area = Means the area between the building line and the property line or when abutting a street , the ultimate right-of-way line . G) Space not Available = Means where terrain prohibits parking the vehicle in the side or rear yard or substantial damage to existing large trees will occur if so located in a rear yard. H) Yard , Front = That part of a lot between the front lot line and the front ( s ) of the principal building on the lot , and extended to both side lot lines . 1 ) Yard , Rear = That part of a lot between the rear lot line and the back (s ) of the principal building on the lot , and extended to both side lot lines . J ) Yard , Side = That part of a lot not surrounded by a building and not in the front or rear yard . 8. 40 . 040 Measurement of Recreational Vehicles . The measurement of a recreational vehicle unit shall not exceed eight ( 8 ) feet in width and twelve ( 12 ) feet in height . The height includes the trailer if a unit is mounted on the trailer . 8. 40 . 050 Permitted & Non Permitted Use of Recreational Vehicles . It is unlawful for any person to park or store any recreational vehicle on private property in any residential zone in the City of Palm Desert , except : 1 . Within an enclosed building or carport conforming with all provisions , restrictions and regulations of the zoning codes and building codes of the City of Palm Desert . -3- 2 . In rear and side yards as follows : a ) In the rear yard and if located in a side yard so long as no part of the vehicle projects beyond the front roof line of the house ; and b ) Be screened from adjacent lots and streets by a solid fence , wall , door or gate, which must be six ( 6 ) feet in height in accordance with the zoning codes of the City of Palm Desert , or screened by shrubbery or hedge , providing such plants produce effective screening with minimum height of six (6) feet at all times ; and c ) Any door or gate providing screening from adjacent lots or streets or other public right-of-way for any vehicle parked therein , shall be kept closed when not in use . 3 . In front yards as follows : a) Where space is not available as defined in Section 8 . 40 . 030 ( G ) in either the side or rear yard and space shall be deemed available and vehicles shall not be parked in front of corner lots . The existence of a fence or wall shall not necessarily prevent the parking of a vehicle in a rear or side yard under this section; and b) The vehicle is parked in a designated driveway or other City approved hard surface area . The front five ( 5) feet of the front yard set back shall be landscaped as approved by the City to provide screening of the recreational vehicle ; and c ) The vehicle must not encroach into the public right-of-way and unless an exception is granted by the City , the vehicle shall be parked perpendicular to the public right-of-way; 4 . Unmounted campers and shells because of the potential hazards they present to persons must be stored in a rear or side yard or enclosed structure . 5 . No vehicle shall be so parked as to interfere with the motorist ' s line-of-sight when approaching intersections or when exiting a designated driveway. -4- 8. 40 . 060 General Conditions . 1 . Where the parking or storing of recreational vehicles are permitted as provided in this ordinance , the vehicles shall not be used for living , sleeping or housing purposes . 2 . No more than one ( 1 ) recreational vehicle may be parked or stored in the permissable front yard area . 3 . The vehicle must be owned by the resident of the premises or their guests . 4 . The vehicle and the area of parking or storage shall be maintained in a clean , neat and presentable manner , so as not to detract from the appearance of the neighborhood , and the vehicle shall be in a usable condition at all times , and capable of being moved from the site within one ( 1 ) hour . 5 . A vehicle shall not be permanently connected to a sewer line, water line or electricity except for charging batteries and other purposes , and to a water line to fill the vehicle holding tank . 6. A person must comply with Chapter 8 . 32 of the Palm Desert Code pertaining to vehicle repairs . 8. 40 . 070 Severability. Should any provision of this chapter be held invalid, such invalidity shall not affect other provisions which can be given effect without the invalid provision , and to this and, the provisions of this ordinance are declared severable . 8. 40 . 080 Violation Constitutes an infraction . Any person who violates any provisions of this chapter is deemed guilty of an infraction in accordance with Chapter 1 . 12 of the Palm Desert Code. -5- PASSED , APPROVED , and ADOPTED this day of 1988, by the following vote: AYES : NOES: ABSENT: ABSTAIN: Richard Erwood, Chairman Planning Commission ATTEST : Ray Diaz Secretary -6- PROOF OF PIJPftTION This space Is for ty Clerk's Filing Stamp (201S.5 C.C.P.) ZS1Y1al�L�t! �Y �L:� MAR 2 8 1988 STATE OF CALIFORNIA, County of Riverside COMMUNI" DULLOPMENI ul:rnmMENT CITY Of PALM DESERT I am a citizen of the United States and a CITY OF PALM DESERT resident of the County aforesaid; I am over the age of eighteen years, and not a party to Proof of Publication of or Interested in the above-entitled matter. I CASE NO . ZOA '88-1 am the principal c(ark of.the printer of the .......................................................... DESERT POST .................................................... ... ...... CITY OF PALM DESERT LEGAL NOTICE .................................................... .CASE NO.ZOA Ill a newspaper of general circulation, printed NOTICE IS HEREBY GIVEN that a public hearing will be held be. fore the Palm Desert F7nn' mmission to consider recom. e1-weekly mending approval'to bhj co Li 'IL, zoning ordinance amendment and published .................................. regulating the parking and storage of recreational vehicles on pri- vate property. Palm Desert SAID public hearing will be held on Tuesday,April 5,1988,at 7:00 In the City Of .................................. p.m. In the Council Chamber at The Palm Desert Civic Center, County of Riverside, and which news- 73-510 Fred Waring Drige,;Palm.Desert,California,at whiQ lime and place all interested persons are invited to attend and be heardr paper has been adjudged a newspaper If you challenge the proposed actions in court,you may De limited Pub- of general circulation b the Superior to raising only those lsspl?"ouorsomeoneelseraisedatthepub- g Y P lic hearing described in this notice,or in written correspondence Court of the County of Riverside, State of delivered to the planning commission(or city council)at,or prior to,the public hearing. t RAMO A.DIAZ,Secretary California, under the date of 10/5 1964 1 N Palm Desert Planning Commission (Pub.D.P.March 25,1988)f ) Case Number 83658 ; that the notice, r T ~ of which the annexed is a printed copy (set In type not smaller than nonpareil), has been published In each regular and entire Issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 3/25 .................................................... all in the year 19.88. 1 certify (or declare) under penalty of perjury that the foregoing Is true and correct. Dated at... alm Desert California,this... Sthdayof.Mar 1988 Sign use Free topics of tall We nb form may be secured from CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House 120 Went Second St., Los Angeles,Calif. 90012 Telephone: (213) 625.2541 PlNsereCuest OENeRAL Proolof Publlcellod when orderinUhis form.