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Home My WebLink AboutOrd 1199 - Amnd Title 8 - RVs Parked @ Residential Properties CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: APPROVAL OF AMENDMENTS TO CHAPTER 8.40 (RECREATIONAL VEHICLES ON PRIVATE PROPERTI�OF TITLE 8(HEALTH AND SAFETI� OF THE PALM DESERT MUNICIPAL CODE, TO CLARIFY STANDARDS �FOR SCREENING RVs PARKED ON RESIDENTIAL PROPERTIES SUBMITTED BY: Missy Grisa, Assistant Planner DATE: December 10, 2009 CONTENTS: Ordinance No. 1199 , Exhibit A attached Site Plan Handout E-mail from Chief Dorian Cooley dated 1 December 2009 Memo from Spencer Knight date 20 November 2009 Recommendation That the City Council waive further reading and pass Ordinance No.1199 to second reading, approving amended standards to Chapter 8.40 Recreational Vehicles on Private Property of Title 8 Health and Safety of the Palm Desert Municipal Code. Commission Recommendation The Architectural Review Commission approved the proposed ordinance with amendments regarding screening by a vote of 6-0.The ad hoc RV Parking subcommittee recommended adoption of the proposed ordinance revisions, except in the area concerning side yard and rear yard setbacks. The subcommittee could not reach consensus on this issue, and decided that the ordinance would move forward as proposed with no recommendation from the subcommittee on this one issue. Executive Summary Approval of an amended Recreational Vehicle (RV) Ordinance would provide the Architectural Review Commission(ARC)with more definitive standards to applyto the cases they review. In the past,these cases have proven somewhat difficult to the Commission due to language in the current ordinance that reads "substantially screened" and "deemed adequate to screen." In June 2009,the City Council approved a recommendation by ARC to amend Chapter 8.40 of the City's Recreational Vehicle Code. This approval also directed staff to research RV standards from other jurisdictions to include more definitive ordinance standards and to work with an ad hoc subcommittee on the issue. On August 27,2009,the City Council approved and imposed a 45—day moratorium on requests for approval to park RVs on private property until the City's RV Ordinance (P.D.M.C. Chapter 8.40) has been amended. The 45—day moratorium expired on October 11, 2009. Staff presented the proposed RV code amendments to the City Council on October 8,2009.After staff finished the presentation, public testimony was heard in favor of and in opposition to the proposed Staff Report Approval of Amendments to Chapter 8.40 Recreational Vehicles on Private Property Page 2 of 4 December 10, 2009 amendments.The City Council voted to continue these amendments to their December 10, 2009, meeting, referred the matter back to the subcommittee, and requested that staff appoint two to three interested residents to the subcommittee. In addition, a second City Councilmember was selected to join the subcommittee. This staff report contains the findings and recommendations of the additional research and subsequent ARC and subcommittee meetings. Backqround Prior to the first proposed amendments,staff researched ordinances by neighbors within the Valley as well as neighboring communities outside of the Valley,including Cathedral City,Cerritos,Corona, Indian Wells, Indio, La Quinta, Palm Springs, Rancho Mirage, and Riverside. After a thorough review of each of these cities' standards, staff drafted the first rendition of the amended ordinance creating a more definitive and less vague standard. After the moratorium was approved, a subcommittee was formed to evaluate.the amendments and gain varying perspectives on the proposed revisions. This subcommittee consisted of staff from Planning and Code Enforcement, one City Council member, one Architectural Review Commission member, and two Palm Desert residents.The subcommittee met twice to consider revisions to the current ordinance and to review and clarify the proposed new ordinance. A diagram was created to serve as a visual aid to the subcommittee and to future applicants.This diagram,along with the amendments,was approved by the subcommittee with minor revisions. On September 22, 2009, the proposed amendments and diagramed handout went to the ARC for final consideration of the first proposed amendments.The Commission discussed various options at length, ultimately requesting minor revisions. In particular, they suggested adding an exception process, which staff added to the first rendition of proposed amendments. The proposed amendments,as revised,were unanimously approved.These proposed amendments went forward to City Council on October 8, 2009, and were continued to December 10, 2009, after a complete staff report and public testimony was heard, in favor of and in opposition to the proposed amendments.The City Council appointed another Councilmember to sit on the subcommittee and at the request of Council, staff added three new residents that spoke at the meeting. That subcommittee met once and discussed favoring and opposing opinions to the proposed ordinance amendments. Discussions continued on reductions in the setback requirements for larger RVs in side and rear yards, but no clear agreement between parties in favor of or in opposition to parking vehicles on private property were reached.There was a split opinion regarding the matter and it was agreed that staff would do further research to evaluate side and rear yard setbacks in relation to parking RVs. During this meeting it was made clear that the subcommittee agreed RV's parked within street side yards would need to be parked behind the side facade of the house, as was defined in the front yard parking procedures. Staff has researched various cities'standards and found it difficult to quantify a specified dimension to park a RV away from the property line. Many cities have arbitrary standards and parking locations are determined through a discretionary review process. Staff then consulted with the landscape division and determined that sufficient landscape space for proper growth and screening of a RV would necessitate a 6'dimension.With this reduced setback,the exception process was eliminated. This new proposal went forward to the Architectural Review Commission on November 10, 2009. One clarification was made that,at the time a planting screen is installed, it must screen 75%of the RV height, and must be capable of full growth to screen 100% of the RV height. G:\Planning\Missy Grisa\Misc\RV Ordinance\City Council 2\Council Staff Report.doc Staff Report Approval of Amendments to Chapter 8.40 Recreational Vehicles on Private Property Page 3 of 4 December 10, 2009 The subcommittee met again,after ARC's review and prior to returning to City Council on November 19, 2009. Several more minor changes were addressed and agreed upon,yet the 6' side and rear yard setback requirement remained unresolved. It was agreed that the ordinance would go forward to City Council as proposed for a vote or further direction. Staff has incorporated new language into the final proposed ordinance that requires moving large RVs from street side yards to a location behind the side fa�ade of the residence; removing front yard parking locations completely, reduced setback dimensions to 6' away from the property line for vehicles measuring 7' to 12' in height; temporary parking regarding loading/ unloading, cleaning, charging, etc., restricted to a period of 24-hours, with the word "activel�' being a key definition; providing emergency egress from residences;and eliminating the exceptions procedures language. The final changes made to the ordinance are summarized below. In addition, the proposed ordinance is attached,with the amendments highlighted in bold type so that the exact changes can be seen in the context of the ordinance. Section 8.40.010 Purqose of qrovisions. Grammatical language changes only; the intent and purpose remain the same. Section 8.40.020 Definition of recreational vehicles. A definition of the term "activel�' was added, referring to temporary parking while actively loading and unloading RVs, in connection with Section 8.40.070F. Section 8.40.040 Measurement of recreational vehicles. Language will clarify how the height and width are measured. Section 8 40 050 Permitted and nonqermitted uses of recreational vehicles. Language was added to: eliminate front yard and street side yard RV parking; effectively prohibit the parking of RVs in carports;set RV setbacks from side and back yard properry lines at 6',and to require screening 75% of RV height at time of planting with the landscape planting capable of growing and screening the RV 100%; and prohibit blocking of emergency egress with an RV from a residence. Section 8 40 060 Permit issuance to park recreational vehicles on private propertv.This section now requires that neighbors within 300' of the proposed RV parking location be noticed before ARC meetings. Further, applicant submittal requirements are clearly defined, and grandfathered (legal nonconforming) approvals are terminated upon transfer of the property to another parry. Subsequent property owners will need to apply for approval under the new standards. Section 8.40.070 Temporary qarkinq permit qrocedure.72-hour permits will be issued for parking on private property, such as driveways. These permits were previously only issued for parking on public streets.Also,a parking permit will remain unnecessary for loading/unloading and/or cleaning an RV, but a 24-hour time limit has been added to the proposed language rather than the 72-hours in the existing ordinance to further clarify the two instances. Section 8.40.080 Permit fees.Although the existing ordinance provides for charging a fee to process applications through the steps of ARC review,the City Council set a policy of waiving the fee many years ago. Staff and the subcommittee recommend that the fee be reestablished in the amount of G:\Planning\Missy Grisa\Misc\RV Ordinance\City Council 2\Council Staff Report.doc Staff Report Approval of Amendments to Chapter 8.40 Recreational Vehicles on Private Property Page 4 of 4 December 10, 2009 $168 (equivalent to the cost of processing similar cases through the ARC), to be updated periodically when other development fees are revised by City Council resolution. Staff typically spends four or more hours on recreational vehicle cases.The process involves discussions with the applicant to get a full submittal,field site review, noticing nearby property owners,the preparation of legal notices,writing an ARC staff report,and the actual presentation in the ARC meeting.Additional time is required when cases are appealed or called up by the City Council. Section 8.40.090 General Conditions. Minor language changes were addressed regarding temporarily connected power and water. Correspondence has been provided from the Landscape Manager, Spencer Knight, regarding sufficient landscape setbacks that may be necessary for screening based on an applicant's proposed screening method and from Chief Dorian Cooley regarding fire safety. Staff agrees with the concerns of the Subcommittee,Commission, Landscape Manager,and Chief Cooley and recommends approval to adopt Chapter 8.40 Recreational Vehicles on Private Properry in its entirety as attached. Staff agrees that a six foot setback would be a beneficial compromise for storing RVs on private property. Fiscal Analvsis There is no fiscal impact regarding the approval of the amendments to Chapter 8.40 Recreational Vehicles on Private Property of Title 8 Health and Safety of the Palm Desert Municipal Code. Submitted by: Department Head: ' sy Grisa Lauri Aylaian Assistant Planner Director of Community Developm *1) By Minute Motion, referred the matter back to Approval: the subcommittee for further consideration of all � � �--�__� the points raised at this meeting, specifically the �� (� �'�` distinction between a bus and a recreational �,•�,L��,��,� vehicle, maximum height tevel, and direct City J . WOhlmuth Attorney to review the Grandfathering issue. it Manager CITYCO CILA�O� 2) BY Minute Motion, appointed Mayor Pro Tem APPROVED �'` �3 DFNiEn Ferguson to replace Councilman Kelly on the RECEIVED OTHER� f.��;�„ �„� subcommittee with Mayor Finerty. 3) Waived further reading and adopted Urgency MEET G DA'fE ' � ' Ord. No. 1199A, to immediately impose a 45-day AYES: `� �� ' � moratorium on requests for approval to park NOES: recreational vehicles on private property until the • 411� � ABSENT. City's Recreational Vehicle Ordinance has been ABSTAIN: amended. 5-0 VERIFIED��'• � ` — o� Original on File with City erk'�Office ORDINANCE NO. 1 199 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 gtn day of October, 2009, hold a duly noticed public hearing which was continued to the 1 ptn day of December, 2009, 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 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, 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 Palm 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. 1199 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 Councit this day of , 2009, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, Mayor ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California 2 ORDINANCE NO. 1199 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 Temporary parking permit procedure 8.40.080 Permit fees 8.40.090 General conditions 8.40.100 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. "Actively" means an owner or their representative is physically on site with the recreational vehicle and is loading, unloading or cleaning it. B. "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. C. "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 3 ORDINANCE NO. 1199 as "truck campers" and "overhead campers." Camper shells on pickup trucks are excluded from this definition. D. "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 cotlapsed 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. E. "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. F. "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. G. "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. H. "Watercraft" is a general term applying to all manner of watercraft, whether impelted 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 line and the front(s) of the principal buitding 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) 4 ORDINANCE NO. 11 8.40.040 Measurement of recreational vehicles. The measurement of a recreational unit shali 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 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 by the architectural review commission: A. Within an enclosed building, conforming to all provisions, restrictions and regulations of the zoning and building codes of the city; B. In the event that a recreational vehicle is parked directly behind an access gate, a three-foot setback shall be maintained between the gate and the recreational vehicle. In the event a new gate or wall combination is constructed to screen a recreational vehicle, that gate or wall combination shall be set back a minimum of three feet from the front fa�ade of the house in addition to maintaining the three-foot setback between the gate and the recreational vehicle described above. C. In rear and side yards as follows: 1. Recreational vehicles measuring seven feet in height or less may be stored within the required setback behind a six-foot high opaque screening device. 2. Recreational vehicles measuring seven to twelve feet in height may be stored on the property provided that 75% of the height of the recreational vehicle is screened from adjacent property owners and the public right-of-way. In addition, a minimum setback of 6' must be maintained between the recreational vehicle and the property line. The requirement to screen 75% of the height of the vehicle shall not apply to the access gate, which may be shorter. Landscape used to screen the recreational vehicle shall be 75% of the necessary screened height at the time of install and shall be capable of growth to the full height of the recreational vehicle. Note: On corner lots, the street side yard shall comply with Section 8.40.050 D front yard and/or street side yard guidelines regarding parking recreational vehicles on private property. 3. No recreational vehicle shall project beyond the immediately adjacent, vertical plane of the front fa�ade of the house or side farade of the house if located on a street side corner lot. 4. Recreational vehicles shall not block any required emergency egress 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 5 ORDINANCE NO. 1199 architectural review commission. Landscaping or plantings in movable pots are not 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, shatl be kept closed when not in use. D. 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 architectural review commission, following a noticed public hearing, may approve and issue a permit to park a vehicle in the side, rear, or 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 in accordance with subsections A, B, C or p of Section 8.40.050. 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 prior to the architectural review commission hearing. The decision of the architectural review commission shall be final unless appealed to the city council 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 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, and height, and the proposed modifications to ensure the vehicle is screened as defined in subsections A, B, and C of 8.40.050. Dimensions of the vehicle width, length, and height must be notated on the site plan. 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. 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 6 ORDINANCE NO. 1199 amended, shall be deemed lawful nonconforming uses, and shall be made to comply, be removed, or demolished upon transfer of ownership of the property. The burden of proof of the approval of these existing parking locations and/or screening devices shall be placed on the property owner. New property owners shall be required to adhere to the current zoning ordinance regarding recreational vehicle storage on private property. e. 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 generat 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. 8.40.070 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 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 8.40.070. D. One extension of the permit may be granted, up to a maximum of seventy-two hours. No more than one extension may be granted. E. No more than six permits may be obtained during any calendar year for any one property. (Ord. 519 § 1 (part), 1988) F. No parking permit will be required for the sole purpose of any person actively loading/unloading, and/or cleaning a recreational vehicle within a twenty- four hour time period. 7 ORDINANCE NO. 1199 8.40.080 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) 8.40.090 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. C. A vehicle shall not be permanently connected to 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) 8.40.100 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) 8 Parkinq Recreational Vehicles on Private Property Standards and Diaqram PROPERlY LINE �,�:��.��s,.�,�..,s..�.-:��.�...r::�«�.�«,<s<. ,,rx.xa.ssa��m„y��u,�u�� ......�. _.....� . -.v ._.__..-: � . . . :...�_:-, ,.� 6' HIGH BLOC�C WALL rt._.: ----�.. � ' � � � � �, .,�X� i z Y �:. Y $ � ; � c� �� ; =' �` '�: ,� f � THE RV SE#,4LL NOT �J PROJECT BEYOND THE �,m '�—X—# 1 ' �` �� w i J A�JACENT, SIQE FACADE � � � Z 'a OF THE HqUSE WHEN °� � � �;� LOCATED QN A STREET � = MINIMUM REQUIRED �?v SIDE YARD. a ;L,�SECBACK FROM SIDE _�___.___ _�.�__ ___,_ __---- _._=__ ___.i PROPERTY LINE � �� , a �0�0 �x-'�` � � Tom and Jane Smith ( a �� 73-510 Main Stree� I � �_ Palm Desert, CA 92260 ;_ (760) 123-4567 iO (, HOUSE � 5 i � � 3 Y --__---_._._� ' -' ,�-x-�- ; � ' jGARAGE THE RV SHALL NOT 3' PROJECT BEYOND THE - ' ADJACENT, FRONT FACADE � L � �I i ' ' � LOOCATED�IN SI E YARDS. 6 HIGH GATE � Y � � ' ' #--X--�M� � ; DRIVEWAY 5' HIGH WALL i ---------------- __ -- --- --------------- __ �` PROPERTY LINE 15' S BACK REQUIRED PUBLIC -- - -FROM FACE OF CURB � RIGHT-OF WAY SIDEWALK __ _ I _... _�. ---------.� ! ___-# . ....__ _ _ -- -- -- - - FACE OF CURB Scale: 1" = 20' X STREET Provide the followin : Example locations as illustrated above: 1. Provide one site plan illustrating proposed location Location 1: (Refer to Section 8.40.05061) and dimensions along with a dimensioned 1. On a street side yard, a recreational vehicle photocopy of the proposed recreational vehicle measuring 7' in height or more may be stored (RV). If the application will require Architectural tiehind a 6' high opaque screening device behind Review Commission approval, nine sets of plans will the side fa�ade of the house provided that 75% of be required for a complete submittal. the unit is screened. Location 2 and 3: (Refer to Section 8 40 050B2) 2. Plans must be neatly drawn, legible and on a ,* �a = _, °� _ � „.� minimum sheet size of 8-1/2"x 11". � �� "°� �f� '�� " { � �� 4 ��s: , F, � 3. Provide project address, owner's name, and phone E �� - ` � ' � '� t- number. � �' �f° � rr.. v�a ;�� k • _ � � �,� � � 4. Show all streets, driveways, and alleys immediately �� 3_ �� '� �t,{�� x � �°�° adjacent the property. ��`� � �, �� qF' k 9^°% 4 f t a � ��t �p.�. fi.?""^r �.�'„� �' . �2 "��. 5. Clearly show all proposed and existing construction ��'�` ��€ " ��°` ' �� '� �°" ` �� with complete dimensions of proposed work. Location 4 and 5: (Refer to Section 8.40.050C1) 1. When space is not available in either the side or 6. Indicate all easement locations (refer to property rear yard, a permit will not be issued to park a Title Report and Public Works for this information). recreational vehicle in the front or street side yards (corner lot- side yard facing the street). Parking in 7. If the property is located within a Homeowners' these locations is prohibited. Association (HOA) a letter or stamp is required stating their approval of the specific work and Note: RV's measuring 7' in height or less have no setback ro osed RV arkin location at the re uested requirements from side or rear property lines provided that the P P P 9 q unit is located behind a 6'high screening device. address. DEC 01,2009 13:21 Riverside County Fire 760-863-7445 Page 1 I'a�,c f c�i' I Caoley, Dorian From: Cuoley, Dorian Sent: Tuesday. Dcccmbcr 01, 2U09�:59 AM To: 'nx,�risa�cityafp�jlrndcscrt,org' Subject: RV Sideyard parking Good morning! I �m sending you this in foAow-up to our discu55ion regardinc�the fire department's con�erns with residential RV parking. The issue of parking of RV's is not currently eovered in either of the codes we primarily use an� enforce-that being thQ Califqrni� Fire Code�nd the C�lifarnia Building Code. Th�L said-I think it is still appropri�te for us to use comman sense when it app�ies to this situation. Our primary concern is life s�3fety, followed by protettion of property. When discussing fires in resiclential areas, two issues Come to mind. 7he fir�t is ensuring aur aCcess around the strudure. As such -we have always required a minimum af 3'Clearance to the b�ck yard on 1 side of th� structure. This 3'ciearance ensures our ability to pull fire hoses and get l�dders and other necessary �quipment into the back yard, past�ir conditioner units or other normai side yard obstructians_ This must be maintained even if RV`s are aiiowed to park in the side yard_ The second Issue which �s re3evant to this discussion is the issue of sett�atks. Nistancally s�tbacks are in plac�for multiple reasons, inClud+ng priv�c.y�nd esthetics as weif as safety. In �ur case, they exist to ensure separation between dweNing units to prevent�onil�grations - as in fires leaping from structure to struckure_ While adopted SetbaCks vary, most cornmunities do not allvw the construction of a residence or outbuildirtg within 3'to 5'af khe property line unless there are other mitigations. Modern RV's have grown to bus proportions-and represent a larg�fire ioad. It is our helief that due to this potentiat threat of fire spre�d -we shoufd remain consistent with current City ordinances artd require the same setbacics for RV`s as are maintain�d for permanent struckures. Thank you t'.'�1.f ilCf�:�;�+'i��r•,r.%�� ( ',.��r.;rl�.� ��rc. 7 7/117f1(1c) ��-� CITY OF PALM DESERT � � PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM To: Missy Grisa, Assistant Planner Cc: Mark Greenwood, P.E., Director of Public Works Lauri Aylaian, Director of Community Development Diane Hollinger, Landscape Specialist From: H. Spencer Knight, Landscape Manager�� Date: November 20, 2009 Subject: Proposed RV Ordinance Screening Criteria To my understanding, the proposed RV Ordinance requires a plant material screen of a minimum of 12 feet in height. There are a number of shrubs in the City's plant palette that meet the criteria. There are also a number of small and medium size trees that meet these criteria as well. The City standard calls for a minimum size planter space for trees of 6 x 8 feet. Over the years, this minimum has proven to be adequate for mature tree growth. Therefore, if trees are to be included in the approved screening criteria, a six foot wide planter would be the minimum. . . . If you have any further questions, please feel free to contact me at extension 454. /bg � CITY OF Pfl� �l DESERI 73-5►o FRED WARING DRIVE ' , PALM DESERT, CALIFORNIA 922�0-2g78 TEL: 760 346—o6i i FAX: 7G0 340-0574 ' infoC palm-deserc.org NOTICE OF CONTINUED PUBLlC HEARING NOTICE IS HEREBY GIVEN that at its regular meeting of Thursday, October 8, 2009, the Palm Desert City Council continued the following Public Hearing to its regular meeting of Thursday, December 10, 2009, at 4:00 p.m. in the Civic Center Council Chamber: REQUEST FOR APPROVAL OF AMENDMENTS TO TITLE 8 - HEALTH AND SAFETY, CHAPTER 8.40 - RECREATIONAL VEHICLES (RVs), OF THE PALM DESERT MUNICIPAL CODE, TO CLARIFY STANDARDS FOR SCREENING RVs PARKED AT RESIDEhTIAL PROPERTIES (City of Palm Desert, Applicant). RACHELLE D. KLASSE , CITY CLERK CITY OF PALM DESERT, CALIFORNIA OCTOBER 9, 2009 � i�IIIIN7fDOXiECt(IEDMf(II