HomeMy WebLinkAboutARC to Amnd Chapters of PDMC - Recreational Vehicles CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: CONSIDERATION OFTHE RECOMMENDATION BYARCHITECTURAL
REVIEW COMMISSION TO AMEND CHAPTER 8.40.040,8.40.050,AND
8.40.055 OF THE CITY'S RECREATIONAL VEHICLE ORDINANCE
SUBMITTED BY: Missy Grisa, Assistant Planner
DATE: June 11, 2009
CONTENTS: Copy of Current Ordinance
ARC Action Minutes
Recommendation:
By Minute Motion,that the City Council provide staff direction to proceed with research of
a more definitive recreational vehicle (RV) storage and screening code to report to the
Architecture Review Commission (ARC). Upon ARC approval, a revised draft ordinance
would be brought forward to City Council for final approval.
Executive Summary:
Over the last three months, several RV applications have been received and processed through
the Planning Department. As the ordinance is written, all RV cases must be reviewed by ARC
for approval. These cases have proven somewhat difficult to the Commission due to the
language "substantially screened" and "deemed adequate to screen." These terms are
subjective to the various parties directly affected,and each case is effectively treated differently.
A copy of the current ordinance is attached for your review of this particular language. On March
24, 2009, ARC made a motion requesting staff to investigate and research clearer standards
regarding the screening of these vehicles on private property. These cases are being brought
forward on a regular basis, and approval of the recommendation would direct staff to research
and investigate varying RV standards from other jurisdictions to include in a more definitive
writing of the ordinance.
Discussion:
Code enforcement of RV Parking and Storage on Private Property 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 restrictions at each residence,ARC
has found it difficult to enforce the same restrictions with the case by case standard relative to
the term "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 our 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
Staff Report
Consideration of the Recommendation by
ARC to amend the City's RV Ordinance
Page 2 of 2
June 11, 2009
non-permitted uses of RVs, reference vague language that creates difficulties for the
Commission in approving or denying an applicant's submittal. Staff would research various
standards used in neighboring jurisdictions to create a clearer, definitive approach to how RVs
would be approvable for storage on private property.
Staff has reviewed the ordinance and found two other sections in need of revisions. The first
one is a minor change in Chapter 8.40.040 Measurement of Recreational Vehicles. Width
measurements would read as eight feet six inches, rather than one hundred two inches. The
height is currently read in feet, but the width in inches.
The other change is in Chapter 8.40.055 Permit fees, which states, "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." Planning staff typically spends four hours
on these cases. The process involves discussions with the applicant to get a full submittal,field
site review, creating a property owner list and the preparation of legal notices, writing an ARC
staff report, and the actual presentation in the ARC meeting. On December 13, 1990 the City
Council directed staff not impose a fee for an RV application. It has been ten years since the last
discussion of RV screening fees in 1999 and staff would appreciate Council input regarding this
matter.
Other language changes in Chapter 8.40.050 would include noticing all neighbors within 300
feet of a property rather than only noticing neighbors of an applicant requesting to park an RV in
the front yard as the code reads now. Staff currently notices all neighbors regardless of the yard
in which the applicant is requesting RV vehicle storage, so that all affected parties have the
opportunity to comment. More specific language is also necessary to direct the applicant as to
the necessary documents needed to provide a complete submittal. Upon approval to research
the issue further, staff would return with any suggestions to improve upon our existing code.
Staff agrees with the concerns of the Commission and requests consideration of the
recommendation by the Architectural Review Commission to amend the City's recreational
vehicle storage and screening ordinance and direct staff to research more definitive standards.
If approved, a revised ordinance will be brought forward for City Council's final review and
approval.
Submitted by: Departm ead:
iss risa Lauri Aylaian
Assistant Planne Director of Community Development
Approv _
l��- �_
Homer Croy J n Wohlmuth
ACM for Development Services ' y Manager
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REGULAR PALM DESERT CITY COIINCIL MEETING JIINE 11, 2009
%IV. NEW BUSINESS
I. CONSIDERATION OF RECOMMENDATION BY THE ARCHITECTURAL REVIEW COMMISSION
TO AMEND CHAPTER $.40.040, 8.40.050, AND 8.40.055 OF THE PALM DESERT
MUNICIPAL CODE - RECREATIONAL VEHICLES.
Rec: By Minute Motion, provide staff direction to proceed with research
of a more definitive Recreational Vehicle (RV) storage and screening
Code to report to the Architectural Review Commission (ARC) , �nd
upon ARC approval, present a revised draft Ordinance to the City
Council for adoption.
CtTY COUNCIL AC�'ION
APPROVED �°� DFNTED
RECEIVED OTHER
MEETI G DATE 'd
AYES: l
NOES:
ABSENT:
ABSTAIN:
VERIFIED BY: K-
Originat on File with City lerk's Oftice
Chapter 8.40 RECREATIONAL VEHICLES ON PRIVATE PROPERTY
Page 1 of 3
Palm besert Munlcipal Code
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Title$H..E..ALTH AND SAFE?Y
Chapter 8.40 RECREATIONAL VEHICLES ON PRIVATE PROPERTY
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8 40 010 Purpose of provisions.
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T e 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.
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"Recreational vehicles"in this chapter means and indudes,but is not limited to,the following specific vehicles:
A. "Aircraft"is a general term applying to all manner of aircraft,whether impelled by wind or mechanical devices,and which are
designed for recreational or vacation use.An aircraft when mounted upon a trailer shall be considered one unit.
B. "Camper"means a separate vehicle designed for human habitation and which can be attached or detached from a pickup truck.
When removed from the truck,campers are called"unmounted campers."These campers are sometimes referred to as"truck campers"
and"overhead campers."Camper shells on pickup trucks are excluded from this definition.
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�fth 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 shall be considered one unit.(Ord.
915§ 1(part), 1999:Ord.537§2(part), 1988)
8.40.030 Definitions regarding land.
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The definitions regarding land as applied to this chapter are:
A. "Comer 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.
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Chapter 8.40 RECREATIONAL VEHICLES ON PRIVATE PROPERTY
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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.9l5§ 1
(part), 1999:Ord.537§2(part), 1988)
8.40.040 Measurement of recreational vehicies._�_____
The measurement of a recreation umt sh(1 not exce§d(pe j ndred two inches in width and twelve feet in height.The he �mm��
the trailer if a unit is mounted on the trailer. Ord.915 1 art , 1999:Ord.537§2(part), 19gg) �Sht i�cludes
8 40 050 Permitted and nonperm�tted uses of recreational vehicles.
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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 ro 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:
l. 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 wa11
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 prior 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 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 sha11 inure to the benefit of successor owners of the property and shall run with the land.
Any change of the originally approved unit shal]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:
i. That the proposed location of the recreational vehicle is in accord with the objectives of this title;
ii. That the proposed location of the recreational vehicle and the conditions under which it shall be located or maintained will not
be detrimental to the public health,safety or welfare or be materially injurious to the properties or improvements in the facility;
iii.That the proposed location of the recreational vehicle complies with the goals,objectives and policies of the city's general plan.
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.
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Chapter 8.40 RECREATIONAL VEHICLES ON PRIVATE PROPERTY
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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 ar when exiting a
designated driveway.
F. Temporary parking is limited to seventy-two hours for 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§§ 1,2, 1989;Ord.537§2(part),
1988)
8.40.055 Permit fees.
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The city council shall establish,by resolution,a reasonable permit fee to reimburse the cit for staff time s ent to rocess and issue
permits under Section 8.40.050. (Ord.915§ 1 (part), 1999:Ord.630§2, 1991)
8 40.060 General conditions.
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. Where the parking or storing of recreational vehicles is permrtted as provided in this chapter,the vehicles shall not be used for
(iving,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 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 L 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)
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ARCHITECTURAL REVIEW COMMISSION
MINUTES
March 24, 2009
property line unless further screening is approved by the ARC.
Staff is recommending approval of the request to park a
recreational vehicle in the side yard of the property.
Commissioner Vuksic asked if there was anyone in attendance that
objects to the RV. None was noted.
Mr. John Perry, applicant stated that he was surprised to learn that
he needed a permit to park the RV in the side yard, so he is doing
everything to keep it neat and tidy. He also stated that the RV
spends the summers up north. Commissioner DeLuna asked if he
was using the RV for occupancy and was it hooked up to power or
sewage. Mr. Perry answered no. Commissioner Touschner stated
that the RV was well screened and pushed back on the property
and said this is one of the best screened RVs that they have seen
in a long while.
A motion was made by Commissioner DeLuna and seconded by
Commissioner Lambell to approve. Commissioner Vuksic asked
for clarification of the roofline and asked if it took into account the
roofline of the neighbor. Mr. Bagato stated that the roofline is not
related to the height. The roofline aspect is that the RV is not
supposed to be past the roof line from a setback for the house.
Commissioner Vuksic stated that the way the ordinance is worded it
says, "...not project beyond the front roofline." Mr. Bagato stated
that the city's requirement is a twelve-foot high home which would
then conflict because not everyone will have a twelve-foot high
home; they coutd have a ten-foot high home. The RV ordinance
says you can have a twelve-foot high RV. He said that he would
get some clarity on this issue.
Mr. Bagato mentioned on a side note that Commissioner Gregory
at the last meeting requested staff to get some clarity to the code
regarding Recreation Vehicles to make it easier on staff and the
Commission to approve RVs. He suggested that at the end of the
meeting a motion be made to request staff to investigate for clearer
standards.
ACTION:
-
It was moved by Commissioner DeLuna and seconded by Commissioner
Lambell to grant approval. Motion carried 5-0-0-2, with Commissioners Van
Vliet and Gregory absent.
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ARCHITECTURAL REVIEW COMMISSION
MINUTES March 24, 2009
signs. The new ordinance also provides standards for current
signage issues that have been raised by the business community
and general public. These signs are being reviewed and discussed
by the Signage Subcommittee.
Staff is recommending that the Architectural Review Commission
make a recommendation of approval of the new sign ordinance as
proposed.
*ACTION:
It was moved by Commissioner Levin and seconded by Commissioner
Lambell to continue to the next meeting. Motion carried 4-0-0-3, with
Commissioners DeLuna, Gregory and Van Vliet absent.
NOTE:
It was moved by Commissioner Lambell and seconded by Commissioner Levin to
request staff to review other jurisdictions' requirements for RV standards and make
modifications to the City's current standards to give clearer and more defined
standards for review and approval and submit for City Council's consideration.
Motion carried 7-0.
VI. ADJOURNMENT
It was moved by Commissioner Vuksic, seconded by Commissioner Lambell to
adjourn the meeting. Motion carried 4-0-0-2. The meeting was adjourned at
2:30 p.m.
TONY BAGATO
PRINCIPAL PLANNER
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