The URL can be used to link to this page

Home My WebLink AboutOrd 1194 - 45-Day Moratorium - RV Parking on Private Property CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: CONSIDERATION OF THE RECOMMENDATION BY ARCHITECTURE REVIEW COMMISSION TO IMMEDIATELY IMPOSE A 45 - DAY MORATORIUM ON REQUESTS FOR APPROVAL TO PARK RECREATIONAL VEHICLES ON PRIVATE PROPERTY UNTIL THE CITY'S RECREATIONAL VEHICLE ORDINANCE (P.D.M.C. Chapter 8.40) HAS BEEN AMENDED SUBMITTED BY: Missy Grisa, Assistant Planner DATE: August 27, 2009 CONTENTS: Draft Ordinance Palm Desert Municipal Code Chapter 8.40 Recreational Vehicles on Private Property Legal Notice ARC Action Minutes 06/23/09 & 07/14/09 Resident Submitted Photos Resident Submitted Internet News Printout Recommendation: By Minute Motion, that the City Council: 1. Waive further reading and adopt Urgency Ordinance No.ii94 by four-fifths vote, imposing a 45-day moratorium on the requests for approval to park recreational vehicles (RVs) on private property until the City's Recreational Vehicle Ordinance (P.D.M.C. Chapter 8.40) has been amended. 2. By Minute Motion, appoint a member of the City Council to work with staff and the Architectural Review Commission on revising the current Code—upon Architectural Review Commission approval, a revised draft ordinance will be brought forward to the City Council for final review and approval. Executive Summary: All requests for RV parking on residential property are currently brought through ARC for review and approval.These cases have proven somewhat difficult to the Commission due to the use of vague language like "substantially screened" and "deemed adequate to screen." These terms are subjective to the various parties directly affected, and each case is potentially treated differently. A copy of the current ordinance is attached for your review of this particular language. On March 24, 2009, the ARC made a motion requesting staff to investigate and research clearer standards regarding the screening of these vehicles on private property. Staff presented this ARC motion to the City Council for consideration to amend the ordinance.The City Council unanimously approved staff moving forward with this research on June 11, 2009. At the June 23, 2009 ARC meeting, concerned residents suggested implementing a moratorium.The ARC,on July 14, 2009, Staff Report - RV Moratorium Page 2 of 2 August 27, 2009 unanimously approved recommending a moratorium to City Council on requests for approvals to park RV's on private property until a more definitive writing of the ordinance is put into effect. Discussion: Code enforcement of RV parking and storage on private properry has brought forward an influx of recent cases to ARC requesting approval to park the subject equipment at applicants' residences. Due to the various lot sizes and individual built conditions at each residence, the ARC has found it difficult to enforce the same restrictions with the case by case standard relative to the terms "substantially screened" and "deemed adequate to screen."The Commission has requested that staff research various standards within other cities for a more definitive standard to amend the existing ordinance and to provide clearer direction to applicants as to what would and would not be allowed. Chapter 8.40.0506.2.and Chapter 8.40.050C.2.A., Permitted and Non-Permitted uses of RVs, both use vague language that creates difficulties for the Commission in approving or denying an applicant's submittal. Government Code section 65858 authorizes the City Council, without following procedures otherwise required for the adoption of a zoning ordinance and in order to protect the public safety, health and welfare, to adopt by a 4/5 vote an interim moratorium ordinance that is valid for 45 days from the date of its adoption. Then,after notice and public hearing,the City Council may e�end the interim moratorium ordinance, also requiring a 4/5 vote, for an additional 10 months and 15 days. The Council can then again extend the ordinance for one year after notice and public hearing. No more than two extensions may be adopted. Staff anticipates that the proposed changes to Chapter 8.40 will be addressed, reviewed, and presented to the Architecture Review Commission, and the City Council for final consideration within the first interim 45 - day moratorium period. b a +� Staff has researched various standards used in neighboring jurisdictions to create a clearer, more .� definitive approach to how RVs could be approved for storage on private properry.This research will ° . be presented to ARC on August 25,2009. Upon discussion and approval bythe ARC,the amended �a � ordinance will be finalized and brought forward for City Council review, discussion, and final � � approval. � � � o Staff agrees with the concerns of the Commission and requests consideration of the � � recommendation by the Architectural Review Commission to immediately put into effect a � moratorium on accepting or approving any requests for approvals to park recreational vehicles on z � private property. �' -� o .. Sa �-+ H Submitted by: Department Head: � �,W �� U rl Fq N 'r.�i 6 b(1 q �+ q O � c� � � G s y Grisa auri Aylaian v � a� Assistant Planner Director of Community Development o � o � v o i Approval: _ CtTYCOUNCII.ACyTION � " � ; APPROVED �� DENIED � CEIVED THER � � � Jo n . ohlmuth ME TIN DA ity anager AYESs �� ` f, ' . � NOES: �PlanningAMissy Grisa\MiscARV Ordinance\Staff Report RV Moratorium.doc �� ABSTAIN: VERIFIED BY: �� ORDINANCE NO. 1194 AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING FINDINGS AND IMPOSING A 45 DAY INTERIM MORATORIUM ON THE ISSUANCE OF PERMITS TO PARK RECREATIONAL VEHICLES ON PRIVATE PROPERTY. WHEREAS, on July 14, 2009 the Architecture Review Commission recommended approval that a moratorium be placed on the issuance of permits to park recreational vehicles on private property until the City Council considers and enacts an alternative ordinance; and WHEREAS, the City is receiving applications to park individual recreational vehicles on private property, which applications may be in conflict with proposed alternatives and preclude effective implementation of important proposed goals and policies; and WHEREAS, to enhance the community's appearance and to protect the public health, safety, and welfare, the City Council desires to adopt an ordinance to impose a 45 day interim moratorium on the issuance of permits to park recreational vehicles on private property; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 27tn day of August, 2009, hold a duly noticed public hearing to consider imposing a 45 day interim moratorium on the issuance of permits to park recreational vehicles on private property; and WHEREAS, based on the foregoing, the City Council finds that issuing permits to park recreational vehicles on private property prior to consideration and adoption of an alternative ordinance would pose a current and immediate threat to the public health, safety, and welfare, and that a temporary moratorium on the issuance of such permits is thus necessary. NOW, THEREFORE, the City Council of the City of Palm Desert, California does hereby ordain as follows: SECTION 1. IMPOSITION OF THE MORATORIUM A. In accordance with the authority granted to the City of Palm Desert under Government Code Section 65858, the City Council does adopt a temporary moratorium on issuance of permits to park recreational vehicles on private property. B. This ordinance is an interim urgency ordinance adopted pursuant to Government Code Section 65858, and is for the immediate preservation of the public health, safety, and welfare. The facts constituting urgency are: ORDINANCE NO. 1194 1. The City has recently received a large number of recreational vehicle parking permit applications which must be reviewed by the Architectural Review Commission prior to their issuance; and 2. The current municipal code section regulating such permits is difficult for the Architectural Review Commission to apply due to vague language; and 3. Property owners in the City have expressed concern that current regulations allow recreational vehicles to be stored in front yards resulting in unaesthetic and unsafe circumstances and depreciating property values; and 4. The City staff wants to revise the ordinance for adoption by the City Council to ensure that parked recreational vehicles do not create public safety hazards or diminish property values; and 5. Absent the adoption of this interim urgency ordinance, permits allowing recreational vehicle parking in an unsafe manner that decreases property value may be issued. B. The City Council finds that the adoption of an ordinance imposing a moratorium on the issuance of permits to park recreational vehicles on private property is necessary to prevent approval of additional permits that may be inconsistent with proposed changes to Palm Desert Municipal Code Chapter 8.40 Recreational Vehicles on Private Property currently under consideration. C. Notwithstanding any provision of the Municipal Code to the contrary, no issuance of permit of any nature shall be approved for any request to park a recreational vehicle on private property within 45 days of this ordinance while Chapter 8.40 Recreational Vehicles on Private Property is under review for potential amendment. SECTION 2. SEVERABILITY If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence clause or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable. SECTION 3. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The City Council finds that this moratorium complies with the "City of Palm Desert Procedure for Implementation of California Environmental Quality Act, Resolution No. 02-60", in that the Director Community Development has determined, pursuant to Section 3.07, that the moratorium is exempt because there is no possibility ORDINANCE NO. �194 that the adoption of the moratorium will have significant effect on the environment. SECTION 4. EFFECTIVE DATE This Ordinance shall become effective immediately upon adoption if adopted by at least four-fifths (4/5) vote of the City Council and shall be in effect for forty-five (45) days from the date of adoption unless extended by the City Council as provided for in the Government Code. SECTION 5. PUBLICATION 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. PASSED, APPROVED and ADOPTED this day of , 2009, by the City Council of the City of Palm Desert, California by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, Mayor City of Palm Desert, California ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California APPROVED AS TO FORM: DAVID J. ERWIN, City Attorney Chapter 8.40 RECREATIONAL VEHICLES ON PRIVATE PROPERTY Page 1 of 3 Palm�esert Municipai Ccsde Up Prevrous Next Main Callapse 5earch Prirst Title 8 HEALTH AND SAFETY Chapter 8 40 RECREATIONAL VEHICLES ON PRIVATE PROPERTY 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.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. "AircrafY'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 refened 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. "WatercrafY'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 sha11 be considered one unit.(Ord. 915§ 1 (part), 1999: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 ultimaCe right-of- way line. G. "Space not available"means where tenain 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. http://qcode.us/codes/palmdesert/view.php?topic=8-8_40&showAll=1&frames=off 8/12/2009 Chapter 8.40 RECREATIONAL VEHICLES ON PRIVATE PROPERTY Page 2 of 3 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 recreation unit shall not exceed one hundred two inches in width and twelve feet in height.The height includes the trailer if a unit is mounted on the trailer.(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 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 ar 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 ar 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 days priar to the architectural review commission hearing.The decision of the architectural review commission shall be final unless appealed within fifteen 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. 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 vehide 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 lazger 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 granti�g 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 objecrives 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. 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. http://qcode.us/codes/palmdesert/view.php?topic=8-8_40&showAll=1&frames=off 8/12/2009 Chapter 8.40 RECREATIONAL VEHICLES ON PRIVATE PROPERTY Page 3 of 3 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 witb a motorist's line of sight when approaching intersections or when exiting a designated driveway. F. Temporary parking is limited to seventy-two hours far the specific purposes of loading,unloading and/or cleaning.Temporary parking of a recreational vehicle for any other purpose is strictly prohibited without prior approval of the assistant city manager of development services.(Ord.979§ 1,2001;Ord.915§ 1 (part), 1999:Ord.630§ 1, 1991;Ord.583§§ l,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.915§ 1 (part), 1999: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 pazked 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 holding tank. 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) 8.40.070 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 violators permit,issued pursuant to this chapter,may be revoked by the city council,following a noticed public hearing. (Ord.9l5 § 1(part), 1999:Ord.630§3, 1991:Ord.537§2(part), 1988) http://qcode.us/codes/palmdesertiview.php?topic=8-8_40&showAll=1&frames=off 8/12/2009 CITY OF PALM DESERT LEGAL NOTICE NOTICE OF INTENT TO IMMEDIATELY IMPOSE A 45 DAY INTERIM MORATORIUM ON THE ISSUANCE OF PERMITS TO PARK RECREATIONAL VEHICLES ON PRIVATE PROPERTY UNTIL THE CITY'S RECREATIONAL VEHICLE ORDINANCE (P.D.M.C. Chapter 8.40) HAS BEEN AMENDED PROJECT DESCRIPTION: The purpose of provisions of Palm Desert Municipal Code Chapter 8.40.010 states: 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. Chapter 8.40 Recreational Vehicles on Private Property outlines the requirements and procedure for the application and hearing process. The City of Palm Desert Community Development Department will be proposing an ordinance amendment to create a clearer, more definitive approach to how RVs could be approved for storage on private property. No new permits for private property storage of recreational vehicles would be approved for a period not less than 45 days while the ordinance is under review. PROJECT LOCATION: City wide, City of Palm Desert PUBLIC HEARING: SAID public hearing will be held on Thursday, August 27, 2009 at 4:00 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. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. 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 City Council at, or prior to, the public hearing. General questions related to the moratorium can be directed to Missy Grisa, City of Palm Desert Planning Department at 760-346-0611. PUBLISH: Desert Sun LAURI AYLAIAN, Director of Community August 15, 2009 Development, City of Palm Desert �`•�� CITY OF PALM DESERT � � ARCHITECTURAL REVIEW COMMISSION • ' MINUTES June 23, 2009 I. CALL TO ORDER The meeting was called to order at 12:30 p.m. II. ROLL CALL Commissioners Current Meeting Year to Date Present Absent Present Absent Ronald Gregory, Chairman X 10 1 Chris Van Vliet X 10 1 John Vuksic X 11 Karel Lambell X 11 Pam Touschner X 8 3 Allan Levin X 6 1 Also Present Lauri Aylaian, Director Kevin Swartz, Assistant Planner Missy Grisa, Assistant Planner Diane Hollinger, Landscape Specialist Pedro Rodriquez, Senior Code Officer Janine Judy, Senior Office Assistant III. ORAL COMMUNICATIONS Mr. Frank Taylor, resident of Palm Desert addressed the Commission regarding recreational vehicles. He has lived in the Palm Desert Country Club for almost twenty five years and has seen it move forward on many occasions and backwards on several occasions. He feels that there are issues with the RV ordinance within the City and would like to ask the Planning Commission and the City Council to place a moratorium on approving any future RVs until the ordinance is dealt with. In the Palm Desert Country Club area there are homes that have been "grandfathered" in and his main concern is number of RVs out there. He is a RV owner himself; however he pays for a storage facility. He said that the City of Palm Desert as a whole is exceptional in certain areas, but felt that the RVs can cause blight in some areas and is something that shoutd be addressed. He ARCHITECTURAL REVIEW COMMISSION MINUTES June 23, 2009 presented several photos of RVs in different areas. The Commission reviewed the photos. He thought that RVs should be stored and not allowed to park in the City of Palm Desert. He stated that when you drive through the community and see these types of RVs it really degrades the way Palm Desert is looked at. Last week, Mr. Taylor came to the Project Area 4 Committee meeting regarding the golf course at the Palm Desert Country Club and heard people in attendance call Palm Desert Country Club a ghetto. This term has come up over the years and he is tired of hearing it called that. He thinks that RVs would not be allowed in the south end of the desert and they should not be allowed in the east. He presented an article from the newspaper regarding a fire on Chicory and Panorama referring to a RV parked next to a house that was plugged in, coming close to burning up a couple of houses. He thinks this adds to this whole issue and asked the Commission to request a moratorium on RVs until this can be reviewed and come up with an ordinance that encompasses the whole city and addresses a lot of these issues. He stated again that he is very concerned with the blight that this is causing. Ms. Lauri Aylaian, Director of Community Development stated that staff did go to the last Council meeting and asked for their direction to revisit the existing ordinance and better define what is screening, what is not screening, and what is acceptable. They directed staff to go ahead and work on that. She informed the Commission that if they would like to make a suggestion to the City Council to consider a moratorium while staff is revisiting the existing ordinance they can make a recommendation and take it to the City Council. She stated that this would allow staff to continue processing applications for screening while this research is going on. Commission Levin asked if everyone without an approved permit would have to remove their RVs from their properry. Ms. Aylaian answered that there is already an ordinance that says you can't park your RV without having screening and the screening has to be approved by the ARC. In the event that a moratorium were passed, staff would not approve anymore screening and anyone coming in with a new RV would not be able to keep it at their home because they would not be able to get an acceptable screen constructed. Staff will continue with code enforcement efforts. The Commission discussed the moratorium and Ms. Aylaian stated that you only declare moratoriums when you need to study an issue further and you are thinking about revising an ordinance. She guessed that it would take about three to six months of research and getting input from other communities on their ordinances. G:\Planning�.lanine Judy\Word FilesW Minutes�2009WR090623min.doc Page 2 of 12 ARCHITECTURAL REVIEW COMMISSION MINUTES June 23, 2009 Commissioner Gregory asked about the request for a moratorium. Ms. Aylaian stated that the Architectural Review Commission cannot declare a moratorium, but the Commission can pass along a recommendation to the City Council that they declare a moratorium date. Commissioner Van Vliet asked if the moratorium was considered would things remain status quo or would all the non-permitted RVs have to be removed. Ms. Aylaian stated that the only things the moratorium could address would be new applications for the screening. If there are existing RVs there that are not screened those can continue to be addressed by Code Enforcement and if they are cited they would have to move the RV off their property. Commissioner Vuksic stated that the Commission has gotten more stringent on approving RVs. The Commission has been opposing more of them because they look unnatural and can be an eyesore. Commissioner Vuksic asked if it were possible not to allow RVs at all unless they are completely enclosed. Ms. Aylaian stated that there are some communities that do not allow RVs to be parked on the parcels. When the Council addressed this in the past, there was conversation if they wanted people to park RVs at their homes and they were not prepared to say no. They wanted to allow people to do that but they wanted it to look good and so they required the screening. She stated that Palm Desert has a high number of RVs per capita and in the Coachella Valley in general, and to move the community from where we are now to one that does not allow them to be parked at home would be a policy decision made by the City Council. Commissioner Touschner stated that her expectation is that whatever gets decided would raise the bar up a notch from even the self regulation that the Commission imposes on themselves now. She is concerned with approving something that looks okay now and then six months from now the new ordinance is so strict the RV wouldn't have passed. Commissioner Levin asked what Code is doing now regarding parking an RV on the street. Mr. Pedro Rodriquez, code officer stated that the RVs on the street are permitted for loading or unloading, however a permit is needed if in excess of 72-hour. After 72-hours they will need a permit which Code Enforcement issues in increments of 72-hours or up to eighteen days per calendar year. If it is a travel trailer or boat, it has to remain attached to the vehicle at all times, if not that is a citable offense even with a permit. Commissioner Levin asked about the stipulations regarding hookups. Mr. Rodriquez stated that this is permitted per the RV ordinance. Commissioner Gregory concurred with Mr. Taylor and said that he had some excellent points. He asked the Commission if there was general consensus that G:\PlanningWanine Judy\Word FilesW Minutes�2009WR090623min.doc Page 3 of 12 ARCHITECTURAL REVIEW COMMISSION MINUTES June 23, 2009 this be discussed at the next meeting where they can make a motion recommending that it go to Council. The Commission agreed. Commissioner Gregory asked if anyone else had anything they would like to address. Seeing none the Commission moved on with the Agenda. IV. APPROVAL OF MINUTES: June 9, 2009 Action: It was moved by Commissioner Levin, seconded by Commissioner Van Vliet, to approve the June 9, 2009 meeting minutes. Motion carried 6-0. V. CA S: A. F al Drawings: 1. ASE NO: PP 08-308 AP ICANT AND ADDRESS : WARE MALCOMB ARCHITECT, 10 E Iman, Irvine, CA 92618 NATURE F PROJECT/APPROVAL SOUGHT: Final approval of construction rawings; The California Teachers' Association. LOCATION: 75- 84 Gerald Ford Drive ZONE: PCD Ms. Grisa presented fin I construction drawings for The California Teachers' Association (C ). She stated that the CTA building came through Architect al Review Commission (ARC) November/December of 2008 nd is here for final review. The plans have been reviewed by sta and the applicant is meeting the conditions of approval and landsca will need final approval. After she reviewed the plans, she request that the applicant submit a new color sample for the awning. M Grisa said that when it originally came through ARC there we panel doors at the parapets to screen the view of the HVAC u 'ts, but when it went through Building and Safety those door were re ved; so she requested a drawing showing that they woul be completely screened again. She also pointed out that they us d to have an ADA ramp railing that went all the way down, but it h been cut short; which looks better. G:\PlanningWanineJudy\Word FilesW Minutes�2009WR090623min.doc Page 4 of 12 ARCHITECTURAL REVIEW COMMISSION MINUTES July 14, 2009 Mr. Young said that the remodel was intended to be unremarkable. T ir goal was intended to be a soft solution to something that is gen ally harsh. Commissioner Touschner stated that she thought they re doing that with the materials and now it is just the refineme of the shape. Commissione evin asked about the property line running down the middle of th driveway. Mr. Bagato said that this will be a shared driveway i the fire department. Commissioner Levin asked that they submi n updated parcel map. Commissioner Gregory as why the walls were located where they are instead of being shov over so the trees go on the stripes as opposed to the reverse. He s ed that typically they plant trees on stripes to avoid potential contact ' h bumpers. He thought that it might be better to shift it over half a s ce. Mr. Young said that he would submit this request to the Landsc e Specialist. Commissioner Van Vliet asked what the roof in erial was. Mr. Young indicated that it is snow coated over with grav nd tar. ACTION: Plans reviewed for conceptual design review only. No action was taken. C. Miscellaneous Items: 1. NATURE OF PROJECT/APPROVAL SOUGHT: Discussion of a moratorium on the Recreational Vehicle permit approval process. Mr. Bagato stated that at the last meeting there was a discussion to place a moratorium on approvals of Recreational Vehicles (RV) while in the process of updating the ordinance. He said that the Planning Commission was informed and they were similarly concerned and noticed a difference between Palm Desert Country Club (PDCC) and South Palm Desert. He stated that people already have the RVs on their properry so the problem is how we would handle the applications during this process. He thought that once the property owner is cited and the moratorium is in place staff would have to develop a list of applications that would be approved/denied after the moratorium has ended. Commissioner Van Vliet didn't know what the moratorium would really accomplish other than stopping the applications from coming through. Mr. Bagato said that it would stop the approvals until there G:\Planning�,lanine Judy\Word Files�.4 Minutes�2009WR090714min.doc Page 12 of 15 ARCHITECTURAL REVIEW COMMISSION MINUTES July 14, 2009 is a new code because you don't want to approve something where you might not like it once the standards have changed. Commissioner Van Vliet stated that the ARC is really tight on their ability to approve these RVs and most are denied. Commissioner Gregory stated that it would be so much better to have some guidelines to assist them in this process. He also thought it would be a good idea to have a list during the moratorium phase and approve or deny them once the moratorium is lifted and the code ordinance has been changed. Having a RV is a rare situation that works as far as substantial screening. Mr. Frank Taylor, resident of PDCC stated that the lots in the south end of Palm Desert are pretty large and the ordinance addresses space issues. On the larger lots you can put the RVs way back on the sides and even in the backyard with proper screening. However, the majority of lots in the PDCC are only 6,000 square feet and the lots just can't handle the RVs. Mr. Hart Ponder, Code Compliance Manager stated that there are things that have been approved in the past that would not be approved now. We do need some sort of consistence interpretation. The visual impact has been very problematic. Commissioner Levin asked if someone sold their house and moved out can the new owner put his boat where the old boat was. Ms. Lauri Aylaian, Director of Community Development stated that screening for a utility trailer is not necessarily acceptable screening for a RV. � � Commissioner Lambell wanted to verify that the ARC can recommend a moratorium and asked if it has to go to Planning. Ms. Aylaian stated that the Planning Commission did not take official action since it was not on the agenda, but they seemed to agree that it was problematic. Commissioner Levin asked if the recommendation would then go directly to City Council. Ms. Aylaian said that it would go to City Council. She explained that the City Council has already directed staff to revise the ordinance and bring it forward for consideration. That process is ongoing and will take several months to complete. If we ask the Council for a moratorium and they pass it that would mean that staff would not be bringing cases to the ARC until we have our new ordinance in place. If there were code citations, we would have to talk with the attorneys to find out if we could give the applicant an extended G:\PlanningWanine Judy\Word FilesW Minutes�2009WR090714min.doc Page 13 of 15 ARCHITECTURAL REVIEW COMMISSION MINUTES July 14, 2009 period of time to address this while the moratorium was in place or if they would be required to move their RV from the premises and store it elsewhere. It means that for the next several months until we have a new ordinance in place, ARC either continues to deal with them as they come forward, approve them if it is appropriate, deny them if not, or get a couple months hiatus if the City Council approves a moratorium. Commissioner Gregory said that he is inclined to go for the hiatus simply because it is a difficult subject and difficult for the Commissioner's to be consistence. He was concerned that if they were to vote in a particular way on a certain situation and when the new ordinance comes into effect we have created a situation where the person would appeal. It might be better to give it a rest until we have some real guidelines and the Commission will be able to do a better job. Commissioner Van Vliet stated that it made sense but it would only make sense if we allow people to have a grace period on their RVs because somebody might have something perfectly legitimate that they could get approved on a big lot. Mr. Bagato stated there are some cases that staff can approve over the counter and the ones that staff' can't approve go through ARC. Mr. Ponder stated that he hoped they don't suspend the current ordinance while this is being researched. Things build up and people use it to bring in other things besides RVs that may not be appropriate. He said that a lot of jurisdictions require that RVs go to a storage facility. Ms. Aylaian stated that it is possible that the City Council may after considering everything will take a look at the ' existing ordinance and decide that it is okay with the way it is. Commissioner Levin asked if it is a 90-day moratorium what happens to somebody that gets cited during that period. Ms. Aylaian stated that staff would have to check with the attorney. Commissioner Levin stated that the application be pended and not acted on during that time while waiting to get direction from City Couneil. Commissioner Van Vliet stated that is the only fair way because we are removing the approval process from them and it doesn't seem fair. ACTION: It was moved by Commissioner Lambell and seconded by Commissioner Levin, to recommend that City Council adopt a moratorium on approvals of Recreational Vehicle permits while new standards are being researched and possible adoption of new ordinance. Motion carried 5-0-0-1, with Commissioner Vuksic absent. G:\PlanningWanine Judy\Word FilesW Minutes�2009WR090714min.doc Page 14 of 15 ��'1 1 i�[',i'� } " � y" � `E I . a.� � :y�. .� � .. 1 W f aR (�. � t +� i M �� - �_ f� i t �� " • � _ � , . :,. , , � b � �� , ._ `��. j' ',.� �z � ,i . �� he - ;� ' _ _ . . '�I�1.�, � —�. � , � r=° � �— .u. t _vi. . . . � � " e _..,.. �,'.�.� � . • � I _ ., ,. ,. � '� ..+. � _. r . � -- _ 4 `.1 . . :"I ,-.e+.J.� �"',.�. , . . , .. ,... h s�Y ..� � � ", ..,' . .. -. ' � .I.�. _ F :. � . ., . .- YIb.�. . i1:4�� Y I��,: ! p T �� ! : �y, ��r` `/=�'` �� =`r . a^ ,, � � ,s ,��' L r "•y �. , ,�,,.".,.— — ..,;�:,��! . Y ,s,t��,,y, _ _:� ' — _� .�y r• +: � ��'�. c'�� f '� t� `' i��' .-�.y � . _ -- ' .: � :., - r — � ' - ,, — . — ,� a _ � , ,., —__ _. —�. i �' . �,.. - .. � s...�� . . . � i ,� � r i i . ��. ,', �p, .. � s� ` J F . F '�.',",�y � N _ . �i , ! ,,,, `�_x�T a ,� „� ' .� � �� . ^y� i�, �. �'�` .r: . .%s��, ;� �;.•� �7�+'f.', �..`t ` ,�, , �,y' - �° � '`�� `�'�� e,L . _ . . .� � � ��r�- �� Y ,��' `�,'> �.��;. � t._. . � ..:` . fi� �,. � . � � : i�� - _,: // � ,, � . ' /� �. - � °: """''`�``>.�. .>.;;w , � , .LL.�, � � � .�, � ,- ; ��y..: �'!��`� _r, .� .� , , .s. � t �.�� - `�,■!� � � ._ . . _ . '��► _ _ ^ �. � � 7 . �• ,� �, �,'�'. � Y ae.i►a r„ .. r.i'-,�51"1� '�"� �.�yr, - �, f;d' -�—___ . _._��J�e�� ' ✓f 1��,. � F ' � . -..� a 7';� � .,'�� ...f ��'t.. � � - r ` � �f ��}l�1 ��' . __`- _v d �' � �' � . �� R ,.. � �kaY'} .y ...� � ' ..�� .. � . � � ,.r �. �f�� -.. t� -. y� r 4, .�.,.-. � _ _ ' fw�, . _ . ,. . .�, .:.�_. z �s. .-"• - • t_.. . � . ...'"y .a,,, .. � ,,�a. ..-FF s;;. , . . .. .. �^r �"' .••4,6 r,. � t ~� , _ �, ...__.._ .. .: — __-- �,_,,.,,.. . .__.___...—r...— . -. �"�.. , _- - ��. , _ ^s�..��'_ . . � :I �� ' . $ jr `� jT�= �1 a p. ..� e � _ � J � � '��I� ��F• :�r:- "` ' .� � = ` ►, ' ,.,�� ,.<�-� « I �I . �f I� � , �� , "� 1 � � �K . - .a��"1` � �� i `�y� ,y� (� E e �� .�� fw � • 4. Yr r , 1 ! � � - !- �� /. :� `, � _� �.' '�`�' ' �� 3 '' �� ' � � r ��, . �'` . ,��,, ;� , �s - � �� _.' � �... M.�. +`. E "' Y;�. � � �- . �� 'v`'� .s \ =€Y,y.��. � ��.- i.� i Y f I: c o. � ''�'y I - —.e ! �C ' H" ��'�''�,;� •PT� �� w�a,./5 � .S� �.: . .. �.� I� C ''{lk .:„ ;} , '�L�..L. 4 ^ Y +L • w.f l� ) 1 A h `, w� '�� ; « .. _ _ � j�7 f, • •. . 1 !. . I I _ . „� � �i%._L � a � .:. .. .�i .�..—� �. ' . _ -;-. .«ti.F `� _ �. . .. .� '. . . __ � � ■"�, ��'j . r � ��. I � ,x�R � ' ry� � „ � � �:.� I �y �'Y� Iy A h' � � �r. . I y*� �. • ��-�,i�� i . . R:X�h.'T�i =�'L� r�?' �i � �"� . :'Y ' _. . . . � h %.i}-Y � "�`� � • � . _ > �� tr A +��y � � v ��.�� : �,. k. ' '�t ,�'� J.. �- - ,, � 6. . r. x :r�,Ur - � ' +a� .� � _ � . . � F� _ . . ' . —^'�mrT�ii T � tk�� '� �� nV�r.:;,��a�."'�� '`�� i .. . -"_..._. - _ - - __ .. �`i , ., .::_.._ '- , . .. . . . . :"`$�;..,.. � � � e � ' �' �':, '#�'�� _ ,;��, � �„�, :, . :"3 a} f .� . �� ^�Ir ..�;4 �� Ri . �e(;. .�. , r � + ��£ � � i #..:� I �� , � � � � � � � i �(�� llal ,.AC' i ' �,. »:,., , � ' f , . � '�- - � ::.� iN.. � �� rt �' � � , �� , ,. � a � �� ,. � , i =� �_. ;,<•�' � � �*� � „>., „ ,. � . W. �� , .. :�,> , :..;��.a ;-:-:' �� ; . ,, � , . , _ y. . �= � . ,�., �,� � - . �. _ _ . , _ . . ._, ., ,.� �� . . � � _;. > < _ � �� ,.� _�.... ` � �r . _ � - � � -., �� • ' t �; , , .. � ,.� , . .. ,�� 1� 4 liF+ ' .. I.:�• _ . � � .��, . . <. . . tq. r ' . '[ .. . ( , �� _ F V � .�' .- '� � c �� •�' J �� ' � . . rt..Y� �'f . IY. /� Y t �', 'bt .�,. r .� ...,r M.;. . ' J . . . ' { - . � �. � y [l�4 ♦ . � �-.. «..�; � ^ ` `+� �. ,. �� #: >� _ ri►+�. . � �� . _. . .�... � �::.,, : ,, .., . � , `, �._ - _ :_ „: <�' �< �' , � ,.�r x � �° Neighbors Jump to Action as Fire Engulfs Motor Home - KESQ.com Palm Springs, Coac... Page 1 of 1 «BaCk � � �•,rc� Neighbors ]ump to Action as Fire Engulfs Motor Home Posted: June 22, 2009 01:14 GM PDT Updaletl: lune Z2,J009 03�.31 VM PDT ! �� By Nathan Baca, News Channel 3 _ nbaca@kesa.com � h � F�,-.�s � �� ; PALM DESERT - A neighborhood springs to action to fight a fire �,'` .� 5�� , � threatening two Palm Desert homes. r �.�� i ��, '�� ` � : Flames destroyed a motor home parked in a driveway on Chicory � :_—. ��- Street and Panorema Drive. —' Firefighters were able to beat back the Flames from spreading �:. onto the roof of the home next door. Teenager Tyler Lutskey was - `�` . ff _ the first to jump to action. ' �r � � "[My little sister] woke me up, and I was in my boxers," Lutskey F,t �"' recalled. "I went outside the house and I was just hosing my #�_ house, making sare it wasn't going to catch on fire. And I was 3 � ms � � like, 'What the hell? What am I doing?"' _ � �' .��l�l Homeowner Lorraine Hushaw lek in such a hurry, she didn't know her home was saved until we told her. "I was... I'm just shaking... I was in my house and a little girl came to the door and said, 'Your motor home is on fire.' I went out and the whole thing was on fire. Scared the *'** out of ine. I'm just shaking," said Hushaw. The Hushaw family planned to take the motor home out for a road trip. Son Chris Hushaw said, "We were supposed to be in it next week on a vacation. I just feel blessed that it happened while it was parked and nobody was inside it. The whole six of us could have been in there when it started on fire." Witnesses say the fire started close to [he motor home's main electrical plug. i . ... r • JJ r' ,: _ _ . � � Jri�� . �,.-_�__ _._.. �`., v.,,�ev. .�;. All content OO Copyright 2002 - 2009 WorltlNow and KESQ. All Rights Reserved. For more information on[his si[e, please read our Privacv Policv and 7erms of Serv�cc. http://www.kesq.com/globallstory.asp?s=10574728&ClientType=Printable 6/23/2009