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HomeMy WebLinkAboutORD 1207ORDINANCE NO. 1207 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO TITLE 8, HEALTH AND SAFETY, SECTION 8.40, RECREATIONAL VEHICLES ON PRIVATE PROPERTY, OF THE PALM DESERT MUNICIPAL CODE. WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th day of October, 2009, hold a duly noticed public hearing which was continued to the 10th day of December, 2009, and February 11, 2010, to consider modification to Section 8.40 of the Palm Desert Municipal Code; and WHEREAS, the Architectural Review Commission reviewed and recommended approval on September 22, 2009, and reviewed and recommended approval of proposed amendments to Chapter 8.40 on November 10, 2009, to the City Council, and reviewed the final draft on January 26, 2010; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 06-78, and the Director of Community Development has determined that the proposed revision to the Health and Safety Code is not a project as defined under CEQA and no further environmental review is necessary; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to justify approval of the said amendment: 1. That recreational vehicles not regulated as to parking and storing on private property detract from the community's appearance and may interfere with the health, safety and welfare of the community; 2. The enhancement and preservation of the appearance of Palrn Desert will not be successful unless greater concern and amended standards are applied to the regulation of such vehicles; 3. The City Council, in considering the concerns of citizens not owning recreational vehicles have the right of enjoyment of property and protection of property values, and knowing that constitutional rights are guaranteed to citizens owning recreation vehicles; 4. That the proposed amendment will not negatively impact the public health, safety, or general welfare; and 5. Therefore, for these reasons, the regulations of this chapter are deemed by the City Council to be necessary. ORDINANCE NO. 1207 THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1: That the above recitations are true and correct and constitute the findings of the City Council on this matter. SECTION 2: Palm Desert Municipal Code Chapter 8.40 is hereby amended and restated as described in Exhibit A, attached hereto. SECTION 3: That the City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this 25th day of February , 2010, by the following vote to wit: AYES: BENSON, FERGUSON, KELLY, and SPIEGEL NOES: FINERTY ABSENT: NONE ABSTAIN: NONE ,4-124 CIN Y FINERT , MkYCDR ATTEST: R CHELLE D. KLASSE . C17CLE3il< CITY OF PALM DESERT, CALIFORNIA 13-3- 10 2 ORDINANCE NO. 1207 EXHIBIT A That Title 8, Chapter 8.40 of the Health and Safety Code, is hereby amended as follows.. Chapter 8.40 Recreational Vehicles on Private Property Sections: 8.40.010 Purpose of provisions 8.40.020 Definition of recreational vehicles 8.40.030 Definitions regarding land 8.40.040 Measurement of recreational vehicles 8.40.050 Permitted and nonpermitted uses of recreational vehicles 8.40.060 Permit issuance to park recreational vehicles on private property 8.40.070 Exceptions procedure 8.40.080 Temporary parking permit procedure 8.40.090 Permit fees 8.40.100 General conditions 8.40.110 Violation constitutes an infraction 8.40.010 Purpose of provisions. The city council finds recreational vehicles not regulated as to parking and storing on private property do not enhance 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 City Council, in considering the concerns of citizens not owning recreational vehicles have the right of enjoyment of property and protection of property values, knowing that constitutional rights are guaranteed to citizens owning recreation vehicles; therefore, for these reasons, the regulations of this chapter are deemed by the City Council to be necessary. (Ord. 915 § 1 (part), 1999: Ord. 537 § 2 (part). 1988) 8.40.020 Definition of recreational vehicles. "Recreational vehicles" in this chapter means and includes, but is not limited to, the following specific vehicles: A. "Aircraft" is a general term applying to all manner of aircraft, whether impelled by wind or mechanical devices, and which are designed for recreational or vacation use. An aircraft when mounted upon a trailer shall be considered one unit. B. "Camper" means 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. 3 ORDINANCE NO. 1207 C. "Camping trailer" means 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, 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" means 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" means 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" means 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 are designed primarily for recreation or vacation use. A watercraft when mounted upon a trailer shall be considered one unit. (Ord. 915 § 1 (part), 1999: Ord. 537 § 2 (part), 1988) 8.40.030 Definitions regarding land. The definitions regarding lands as applied to this chapter are: A. "Corner lot" means a lot at the intersection of two or more streets. B. "Designated driveway" means a driveway approved by the city for the exclusive use of an occupancy or guest, made of asphalt, concrete or other approved material. C. "Lot line" means boundary lines of a lot. D. "Property line" means boundary lines of a lot. E. "Public right-of-way" means any street, alley, pedestrian walkway, channel or bridge which the public has a right to use. F. "Setback 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. "Front yard" means that part of a lot between the front property line and the front(s) of the principal building on the lot, and extended to both side lot lines. I. Yard, Rear. "Rear yard" means that part of a lot between the rear lot line and the back(s) of the principal building on the lot, and extended on both side lot lines. J. Yard, Side. "Side yard" means that part of a lot not surrounded by a building and not in the front or rear yard. (Ord. 915 § 1 (part), 1999: Ord. 537 § 2 (part), 1988) 8.40.040 Measurement of recreational vehicles. The measurement of a recreational unit shall not exceed eight feet six inches in width and twelve feet in height. The height includes the trailer if a unit is mounted on the 19 ORDINANCE NO. 1207 trailer. The maximum measurements do not include side -mounted mirrors or roof - mounted equipment. Mirrors shall not project more than one foot on either side of a recreational vehicle. Roof -mounted equipment shall not exceed one foot four inches above the roof of the recreational vehicle. (Ord. 915 § 1 (part), 1999: Ord. 537 § 2 (part), 1988) 8.40.050 Permitted and nonpermitted uses of recreational vehicles. It is unlawful for any person to park or store any recreational vehicle on private property in any residential or commercial zone in the city, except in accordance with the following provisions and permit approval: A. Within an enclosed building, conforming to all provisions, restrictions and regulations of the zoning and building codes of the city approved by the Architectural Review Commission; B. In rear and side yards as follows: 1. Recreational vehicles measuring seven feet in height or less may be stored behind a six-foot high opaque screening device. 2. Recreational vehicles measuring seven to twelve feet in height may be stored on the property in accordance with the following provisions: a. The recreational vehicle is completely screened from adjacent property owners and the public right-of-way at time of storage. The requirement to screen 100% of the height of the vehicle shall not apply to the area in front of the access gate, where the maximum height is restricted to six feet. Note: On corner lots, the street side yard shall comply with Section 8.40.050 C front yard and/or street side yard guidelines regarding parking recreational vehicles on private property. b. Not less than 10 days prior to the date on which the decision will be made on the application, the zoning administrator or his or her designee shall give notice of the proposed parking location by mail or delivery to all owners shown on the last equalized assessment roll as owning real property immediately adjacent the exterior boundaries of the property of the proposed parking location. A copy of the notice shall also be sent to the applicant. The notice shall inform its recipient that no hearing shall be held prior to a decision on the application unless requested by the recipient. If a hearing is requested the applicant will be required to submit the necessary copies of original documents to be reviewed by the Architectural Review Commission. When a decision is made by the Architectural Review Commission, that decision may be appealed to City Council within the 15 day appeal period. 3. No recreational vehicle shall project beyond the immediately adjacent, vertical plane of the front fagade of the house or side fagade of the house if located on a street side corner lot. 4. Recreational vehicles shall not block any required emergency ingress or egress (minimum X) to or from the residence. 5. Opaque screening devices to block the view from adjacent lots and streets shall consist of a solid fence. wall, gate, door, consistently maintained permanent shrubbery/hedge, or a combination thereof to the satisfaction of the City Landscape Department. Landscaping or plantings in movable pots are not 5 ORDINANCE NO. 1207 defined as permanent and shall not be included in screening proposals. Said fence, wall, gate or doors must comply with city zoning codes; and 6. Any door or gate providing screening from adjacent lots or streets or other public rights -of -way for any vehicle parked therein, shall be kept closed when not in use. C. In front yards and/or street side yards as follows: 1. When space is not available as defined in subsection G of Section 8.40.030 in either side or rear yard, a permit will not be issued to park a recreational vehicle in the front or street side yards. Parking in these locations is prohibited. 8.40.060 Permit issuance to park recreational vehicles on private property. A permit must be obtained in accordance with the following section prior to storing a recreational vehicle on private property. A. The Department of Community Development may approve and issue a permit to park a vehicle in the side or rear yard whether in a designated driveway or other city -approved hard -surfaced area provided that an appropriate fence, wall, gate, door, landscaping or combination thereof is in accordance with subsections A, B or C of Section 8.40.050. B. The owner of the property must submit a site plan of the property illustrating the proposed parking location, photographs illustrating all sides of the recreational vehicle, along with dimensions that identify its width, length, height, and screening as defined in subsections A, B, and C of 8.40.050. Property owners being members of a homeowners association must obtain the association's written approval prior to seeking the city's approval and a permit. C. Replacement of the recreational vehicle with another recreational vehicle will not require the approval and issuance of a new permit unless the replacement recreational vehicle is larger than the recreational vehicle originally permitted pursuant to this section. Any change of the originally approved unit shall require an administrative recertification to ensure compliance with original conditions. If the replacement vehicle is larger in any dimension than the vehicle it replaces, a new application must be filed and approved prior to parking the vehicle on -site. Permits shall expire upon transfer of ownership. D. Lawful existing recreational vehicle parking locations and screening devices on private property at the time of adoption of the ordinance codified in this chapter, which do not comply with the requirements of this chapter as amended, shall be deemed lawful non -conforming uses, and shall be made to comply, be removed, or demolished upon transfer of ownership of the property, unless located in the front or street side yard. In front and street side yards, a 12 month amortization period will allow the RV owner to find other means of storage. The burden of proof of the approval of these lawful nonconforming parking locations and/or screening devices shall be placed on the property owner. E. The property owner with a lawful non -conforming RV storage location must submit a written request to the Director of Community Development along with the necessary documents as stated in Section 8.40.060B. along with a copy of the current registration of the RV. The director may attach conditions to the approval requiring adequate screening. New property owners rt ORDINANCE NO. 1207 shall be required to adhere to the current zoning ordinance regarding recreational vehicle storage on private property. F. The granting or denial of a permit pursuant to this subsection shall be supported by the following findings: i. That the proposed location of the recreational vehicle is in accord with the objectives of this title; ii. That the proposed location of the recreational vehicle and the conditions under which it shall be located or maintained will not be detrimental to the public health, safety or welfare or be materially injurious to the properties or improvements in the facility; iii. That the proposed location of the recreational vehicle complies with the goals, objectives and policies of the city's general plan. G. 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. H. 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. I. No vehicle shall be so parked as to interfere with a motorist's line of sight when approaching intersections or when exiting a designated driveway. 8.40.070 Exceptions Procedures. Requests for exceptions to the above standards may be brought before the Palm Desert Architectural Review Commission. For an exception to be approved, the Architectural Review Commission must make a finding that unusual circumstances exist which make the literal interpretation and enforcement of the standards impractical or contrary to the purpose of the ordinance codified in this section and that the exception shall not result in damage to adjacent properties. A. RV Exception limitations. i. No RV shall be granted an exception or permit for storage in the front or street side yard. ii. No exception shall be granted that compromises emergency access. iii. An RV not meeting the height and width requirement shall not be granted an exception iv. Evidence must be submitted illustrating that there is exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone. 8.40.080 Temporary parking permit procedure. A. The parking and/or storage of recreational vehicles on private property are prohibited in the city, unless a permit is obtained as provided in subsection B, below. B. Upon receipt of a properly completed application, a parking permit shall be issued to any individual who desires to park a recreational vehicle on a private property in the city for a period of time not to exceed seventy-two consecutive hours. Application for a permit shall be made on a form provided by 7 ORDINANCE NO. 1207 the city. If city offices are closed, the application for the permit shall be made on the next day that the city offices are open following the arrival of the applicant's recreational vehicle in the city. C. No permit fee shall be paid for the issuance of any permit or any extension of any permit required by this Section 8.40.080. D. No permit shall be issued for a recreational vehicle parked in a public street or blocking a public right-of-way. E. One extension of the permit may be granted, up to a maximum of seventy-two hours. No more than one extension may be granted. F. No more than six permits may be obtained during any calendar year for any one property. (Ord. 519 § 1 (part), 1988) G. No parking permit will be required for the sole purpose of any person loading/unloading, and/or cleaning a recreational vehicle within a consecutive twenty-four hour time period. 8.40.090 Permit fees. The city council shall establish, by resolution, a reasonable permit fee to reimburse the city for staff time spent to process and issue permits under Section 8.40.050. (Ord. 915 § 1 (part), 1999: Ord. 630 § 2, 1991) 8.40.100 General Conditions. A. Where the parking or storing of recreational vehicles is permitted as provided in this chapter, the vehicles shall not be used for living, sleeping or housing purposes. B. No more than one recreation vehicle may be parked or stored in the permissible front yard area with a temporary parking permit. C. A vehicle shall not be permanently connected to a sewer line, water line or electricity except for temporarily charging batteries and to fill the vehicle holding tank with a water line, or other similar temporary purposes. D. A person must comply with Chapter 8.32 of this code pertaining to vehicle repairs. (Ord. 915 §1 (part), 1999: Ord. 537 §2 (part), 1988) 8.40.110 Violation constitutes an infraction. Any person who violates any provision of this chapter is deemed guilty of an infraction in accordance with Chapter 1.12 of this code. In addition, such violators permit, issued pursuant to this chapter, may be revoked by the city council, following a noticed public hearing. (Ord. 915 § 1 (part), 1999: Ord. 630 § 3, 1991: Ord. 537 § 2 (part), 1988) �Q