HomeMy WebLinkAboutORD 630;�a69
ORDINANCE NO. 630
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA AMENDING CHAPTER
8.40, SECTION 8.40.050 AND 8.40.070 OF THE
PALM DESERT MUNICIPAL CODE RELATING TO
RECREATIONAL VEHICLES PARKED OR STORED ON
PRIVATE PROPERTY.
WHEREAS, the parking of recreational vehicles in the City of
Palm Desert on private property is not a "project" as defined by
the California Environmental Quality Act or, if such parking is a
project, such parking or the issuance of a permit with respect to
such parking is categorically exempt under the California
Environmental Quality Act,
The City Council of the City of Palm Desert, California, DOES
HEREBY ORDAIN, as follows:
section 1: That section 8.40.050, subsection C-2 be
amended to read as follows:
Upon issuance of a permit pursuant to this
subsection. The Planning Department may
approve and issue a written permit to park a
vehicle in the front yard, whether in a
designated driveway or other City approved
hard surface area, provided that appropriate
landscaping can be approved to screen the
vehicle from the public streets. The Planning
Department shall provide a notice to property
owners whose properties are within three
hundred feet of the proposed location of the
recreational vehicle. Should a written
objection be received or should the Planning
Department determine not to issue the permit,
then the matter shall be referred to the
Planning Commission which shall hold a noticed
public hearing with respect to the issuance of
a permit. Any person directly affected by any
decision of the Planning Commission may appeal
the matter to the City Council, on the record
alone. At such appeal hearing, however, the
City Council, in its discretion, may hear oral
testimony from opponents and proponents of the
issuance of the permit.
The owner of the property must submit a plot
plan of the property showing the proposed
parking location of the vehicle, and the
proposed landscaping program and verification
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ORDINANCE NO. 630
from the public works department the vehicle
will not encroach into the public right-of-
way. Property owners being members of a home
owners association, must obtain the
association's written approval prior to
seeking the City's approval and a permit.
Where a recreational vehicle parking site has
been issued a permit pursuant to the
provisions of this section, 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.
The permit issued under this section shall
inure to the benefit of successor owners of
the property and shall run with the land.
The granting or denial of a permit pursuant to
this subsection shall be supported by the
following findings: (1) that the proposed
location of the recreational vehicle is in
accord with the objectives of this title; (2)
that the proposed location of the recreational
vehicles 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
properties or improvements in the facility;
(3) that the proposed location of the
recreational vehicle complies with the goals,
objectives, and policies of the City's general
plan.
Section 2: 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 this Section.
Section 3: That section 8.40.070 be amended to read as
follows:
Any person who violates any provisions of this
Chapter is deemed guilty of an infraction in
accordance with Chapter 1.2 of this Code. In
addition, such violator's permit, issued
pursuant to this Chapter may be revoked by the
Planning Commission, following a noticed
public hearing.
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ORDINANCE NO. 630
Section 4: The City Clerk shall certify to the passage and
adoption of this ordinance and shall cause the same to be published
once in the Palm Desert Post, a newspaper of general circulation,
printed, published and circulated within the City of Palm Desert,
and the same shall be in full force and effect 30 days after its
adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the
City of Palm Desert, California, this loth day of January, 1991, by
the following vote:
AYES: Benson, Crites, Kelly, Snyder
NOES: None
ABSENT: Wilson
ABSTAIN: None
BUFORD CRITES, ayo
CITY OF PALM DESERT
ATTEST:
SHEILA R. GIILIGAN, CT C
City of Palle Desert
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