HomeMy WebLinkAboutRes No 1283PLANNING MA IISSION 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 NO. ZOA 88-1
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Municipal Code be and the same are hereby repealed.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 rot 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 ccmnission 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.
PLANNING OG4IISSION RESOLUTION 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 Hone = 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.
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PLANNING C CNNIISSION RESOLUTION NO. 1283
H) Yard, aunt = 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 fran 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
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PLANNING O[MILSSION RESOLUTION N3. 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 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 fruit 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.
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PLANNING COMMISSION RESOLUTION NO. 1283
8.40.080 Violation Constitutes an Infraction.
violates any provisions of this chapter is deemed guilty of
accordance with Chapter 1.12 of the Palm Desert Code.
PASSED, APPROVED and ADOPTED at a regular meeting of
Planning Commission held on this 5th day of April, 1988,
vote, to wit:
AYES: DOWNS, RICHARDS, WHITLOCK, ERWOOD
NOES: NONE
ABSENT: LADLOW
ABSTAIN: NONE
A'1'1EST :
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Any person who
an infraction in
the Palm Desert
by the following