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HomeMy WebLinkAboutORD 915ORDINANCE NO. 915 AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 8.40 OF THE PALM DESERT MUNICIPAL CODE RELATING TO RECREATIONAL VEHICLES ON PRIVATE PROPERTY The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, as follows: Section 1. Chapter 8.40 is hereby Amended and will read 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. 8.40.055 Permit fees. 8.40.060 General conditions. 8.40.070 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 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 chapter are deemed by the city council to be necessary. (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 1 ORDINANCE NO. 915 of 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. 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 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" 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. 537 § 2 (part), 1988) 8.40.030 Definitions regarding land. The definitions regarding land as applied to this chapter are: A. "Corner lot" means a lot at the intersection of intersections 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 lot 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 2 ORDINANCE NO. 915 back(s) of the principal building on the lot, and extended of 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. 537 § 2 (part), 1988) 8.40.040 Measurement of recreational vehicles. The measurement of a recreation unit shall not exceed 102 inches in width and twelve feet in height. The height includes the trailer if a unit is mounted on the trailer. (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 zone in the city, except: A. Within an enclosed building or carport conforming with all provisions, restrictions and regulations of the zoning and building codes of the city; B. In rear and side yards as follows: 1. 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 2. Be screened from adjacent lots and streets by a solid fence, wall, gate, door, shrubbery, hedge or combination thereof to the satisfaction of the architectural review commission. Said fence, wall, gate or doors must comply with city zoning codes, and 3. 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 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 be required to park a vehicle in a designated driveway or other city -approved hard -surfaced areas in the front yard. 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; 2. Permit issuance. a. The architectural review commission, following a noticed public hearing, may approve and issue a permit to park a vehicle in the front 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 deemed adequate to screen the vehicle from adjacent lots, lot(s) and the public street(s). The department of community development shall provide a notice of the architectural review commission hearing to property owners whose properties are within three hundred feet of the proposed location of the recreational vehicle at least ten (10) days prior to the architectural review commission hearing. The decision of the architectural review commission shall be final unless appealed within 15 days of said decision. Any person directly affected by any decision of the architectural review commission may appeal the matter to the city council, on the record alone. The city council shall hold a noticed public hearing consistent with the process delineated in Chapter 25.86 Public Hearings and Appeals. 3 ORDINANCE NO. 915 b. 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 from the public works department the vehicle will not encroach into the public right-of-way. 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. 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. Any change of the originally approved unit shall require an administrative recertification to ensure compliance with original conditions. d. The permit issued under this section shall inure to the benefit of successor owners of the property and shall run with the land. Any change of the originally approved unit shall require an administrative recertification to ensure compliance with original conditions. e. 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 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; (3) That the proposed location of the recreational vehicle complies with the goals, objectives and policies of the city's general plan. 3. 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. D. 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. E. 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. (Ord. 630 § 1, 1991; Ord. 583 § 1, 2, 1989; Ord. 537 § 2 (part), 1988) 8.40.055 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. 630 § 2, 1991) 8.40.060 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 recreational vehicle may be parked or stored in the permissible front yard area. C. A vehicle shall not be permanently connected to sewer line, water line or electricity except for charging batteries and other purposes, and to a water line to fill the vehicle POO F, ORDINANCE NO. 915 holding tank. D. A person must comply with Chapter 8.32 of this code pertaining to vehicle repairs. (Ord. 537 § 2 (part), 1988) 8.40.070 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 violator's permit, issued pursuant to this chapter, may be revoked by the city council, following a noticed public hearing. (Ord. 630 § 3, 1991; Ord. 537 § 2 (part), 1988) PASSED, APPROVED, AND ADOPTED this loth day of June, 1999, by the City Council of the City of Palm Desert, California, by the following vote, to wit: AYES: Benson, Crites, Ferguson, Spiegel NOES: None ABSENT: Kelly ABSTAIN: None Robert A. Spiegel MA R Sheila .�lGill q#h, City Clerk City of Palm D ert, California 5