HomeMy WebLinkAboutOrd 1199 - Amnd Ch 8.40 Screening RVs Parked @ Rsdntl Properties �����
* Continued the matter to the meeting of December 10, ��` �_ ���
2009, with Mayor Pro Tem Finerty and Councilman ����$��� ���� �
Kelly appointed to the subcommittee, along with /"?Cj���"w
appropriate ARC Members, staff, and two or three � ��� }�'{.,_�,+��e,'"o;;���' ���`�� �
members of the public participating at this meeting,
to provide further study of CITY OF PALM DES � �'�'�' �''�� L''' �,:�''"j��'' ________ _ .�_
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DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: Approval of amendments to Chapter 8.40 (Recreational Vehicles on Private
Property) of Title 8 (Health and Safety)of the Palm Desert Municipal Code, to
clarify standards for screening RVs parked at residential properties
SUBMITTED BY: Missy Grisa, Assistant Planner
DATE: October 8, 2009
CONTENTS: Revised Ordinance
Site Plan Handout
Legal Notice
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.
Executive Summary:
Approval of an amended Recreational Vehicle (RV)Ordinance would provide the
Architectural Review Commission (ARC)with more definitive standards to apply
to 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 March 2009,ARC
request that staff investigate and research clearer standards regarding the
screening of these vehicles on private property. In June 2009, the City Council
approved the recommendation by ARC to amend Chapter 8.40.040, 8.40.050,
and 8.40.055 of the City's Recreational Vehicle Code. This approval directed staff
to research RV standards from other jurisdictions to include in a more definitive
writing of the ordinance standards. 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 expires on October 11, 2009.
Discussion:
Staff has 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 a revised and amended ordinance creating a more
Staff Report
Approval of Amendments to Chapter 8.40 Recreational Vehicles on Private Property
Page 2 of 3
October 8, 2009
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 finro Palm Desert residents. The
subcommittee met finrice 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. The Commission discussed various options at length, ultimately
requesting minor revisions. In particular, they suggested adding an exception process, which
staff has added to the final proposed amendments. The proposed amendments, as revised,
were unanimously approved.
The 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 Purpose of Provisions. Grammatical language changes only; the intent and
purpose remain the same.
Section 8.40.020 Definition of recreational vehicles. A definition of the term "Actively" 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 nonpermitted uses of recreational vehicles. Language was
added to: effectively prohibit using open carports to screen RVs; to increase RV setbacks from
side and back yard property lines, and to require screening to 75% of their full height; and to
provide emergency access setbacks and screening device clarifications. Language was also
added to prohibit RV parking in front yards, except where vehicles are less than 3' high, are
stored behind a 5' high screening device, and are located outside of the front yard setback.
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 party.
Subsequent property owners will need to apply for approval under the new standards.
Section 8.40.070 Temporary parkinq permit procedure. 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.
G:\Planning\Missy Grisa\Misc\RV Ordinance\Council Final Amended Staff Report 2.doc
Staff Report
Approval of Amendments to Chapter 8.40 Recreational Vehicles on Private Property
Page 3 of 3
October 8, 2009
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$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.
Staff agrees with the concerns of the Commission and recommends approval to adopt Chapter
8.40 Recreational Vehicles on Private Property in its entirety as attached.
Submitted by: Department Head:
�� ��s
Missy risa auri Aylaian
Assistant Planner Director of Community Development
Approval:
,_ � �� �
�
�,,
Jo M. Wohlmuth
Ci Manager
G:\PlanninglMissy Grisa\Misc\RV Ordinance\Council Final Amended Staff Report 2.doc
ORDINANCE NO. 1199
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 to consider modification to
Section 8.40 of the Palm Desert Municipal Code; and
WHEREAS, the Architectural Review Commission did on September 22, 2009, in
a duly noticed public meeting recommend to the City Council the proposed amendment
to Chapter 8.40; 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 is applied to the regulation of such vehicles;
3. The City Council, in considering that 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
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm
Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of the
City Council on this matter.
2. That the Health and Safety Text Amendment as provided in the attached Exhibit
A is hereby approved.
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 Council 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
foilows:
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 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.
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
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.
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 building on the lot, and extended to both side lot lines.
I. Yard, Rear. "Rear yard" means that part of a lot between the rear lot line and
the 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. 1199
8.40.040 Measurement of recreational vehicles.
The measurement of a recreational unit shall 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
properry 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 or carport, where interior views of the
storage area are completely screened from the public right-of-way and adjacent
properties, conforming with 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 outside of the required rear or side yard setback
provided that 75% of the height of the recreational vehicle is screened from
adjacent property owners and the public right-of-way, except on corner lots
where a recreational vehicle is parked on a street side yard, the length of the
vehicle must be 100% screened. The requirement to screen 75% of the height of
the vehicle shall not apply to the access gate, which may be shorter.
3. No recreational vehicle shall project beyond the immediately
adjacent, vertical plane of the front fa�ade of the house.
4. A three-foot clearance shall be maintained between the perimeter
property line or wall and the recreational vehicle for purposes of emergency
access.
5. Opaque screening devices to block the view from adjacent lots and
streets shall consist of a solid fence, wall, gate, door, permanent shrubbery/ hedge
consistently maintained, or a combination thereof to the satisfaction of the
architectural review commission. Landscaping or plantings in movable pots are not
5
ORDINANCE NO. 1199
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, shall be kept closed when not in use.
D. 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 may be issued to park a vehicle three feet
in height or less, including contents, in a designated driveway or other city-approved
hard-surfaced areas in the front yard outside of the required setback, provided that an
opaque screening device a minimum of five feet in height (measured from the
high side) eliminates the view of the recreational vehicle from adjacent property
owners and public right-of-way views. When a change in grade exists on the
property, the opaque screening device shall be measured from the high side of a
grade differential, but in no event exceed an otherwise specified height limitation.
The existence of a previously built fence or wall shall not necessarily prevent the
parking of a vehicle in a rear or side yard under this section.
E. Exceptions Procedures. Requests for exceptions to the above
standards may be brought before the Palm Desert architectural review
commission. For an exception to be approved, the architectural review
commission must make findings that: unusual circumstances exist that make the
literal interpretation and enforcement of the standards impractical or contrary to
the purpose of the ordinance codified in this section; and that the exception shall
not result in damage to adjacent properties. Owners of property within 300 feet of
the location of the proposed exception shall be informed of the application at
least ten days prior to the architectural review commission meeting.
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 or C 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
6
ORDINANCE NO. 1199
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
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 general plan.
3. The vehicle must not encroach into the public right-of-way and, unless an
exception is granted by the city, the vehicle shall be parked perpendicular to the public
right-of-way.
D. Unmounted campers and shells, because of the potential hazards they
present to persons, must be stored in a rear or side yard or enclosed structure.
E. No vehicle shall be so parked as to interfere with a motorist's line of sight
when approaching intersections or when exiting a designated driveway.
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
7
ORDINANCE NO. 1199
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.
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
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FACE OF CU128 SCdl2: 1" = 20'
X STREET
Provide the following: Example locations as illustrated above:
1. Provide twelve sets of site plans illustrating Location 1 and 2:(Refer to Section 8.40.050B1)
proposed location and dimensions along with a 1, �� ���; rear Qr side y�#rt�s a tecr�:a#[�3na) vehicle
dimensioned photocopy of the proposed �Q�����g 7° tn heigh#pr le�s may be stared w�thin '
recreational vehicle(RV). the requir�Ci sefibaek behind ':a 6' I�igh opaque
sere�nin�de�rice:
2. Plans must be neatly drawn, legible and on a �, q' 3� clearanc� 'shall be m�intain�d between the
minimum sheet size of 8-1/2"x 11". perimetet� [�[operty�' (irte' c�r w�l( �rid 'th� RV fvr
purpas�s of emergency access.
3. Provide project address, owner's name, and phone Location 3:(Refer to Section 8.40.05062)
number.
�,, In th� r�ar o���t� :y�rt� � r��a�na� ��h�l�
r�ea 7� `�2' in he1g��n�t b� at�`€�ig
4. Show all streets, driveways, and alleys immediately � � ���yt
����E� Q� ttl� ���i�� � ��3�l��r�•
adjacent the property. � �� �, � � �
� � �tt����r�vtcf�Ct, tha� 7��� t� ���tt � #h�e
5. Clearly show all proposed and existing construction �Y����� � ��' �r8�ned frt�m '��� j�fp��fty
with complete dimensions of proposed work. °���'������ p���i����������'�� �� ��`������
side�c�rr���[pt�,th�langth nf th� t��t�u�t b��;�t�t,'��Q-
6. Indicate all easement locations (refer to property �r���� '° „` ' � A F\ : � ,' '
Title Report and Public Works for this information). Location 4:(Refer to Section 8.40.050C1)
1. When space is ':ncat available in eith�r the si#e or
7. If the property is located within a Homeowners' rear yat�tf,a recr�ativnat vehicte 3' in �t8�ghi or less, '
Association (HOA) a letter or stamp is required including:conte�►ts, rtiay be parked butsid� of the '
stating their approval of the specific work and requirer�setback irt the front yard, provide�t that an
proposed RV parking location at the requested opaqus screening deviee a minimum Q#5' �n height "
address. eliminates tl�e view af the rc�crea#ionat Vehicte from
adaacent; pre�perty vwners �nd' public righf-of-way
views.
Parking Recreational Vehicles on Private Property Standards and Diaqram
3` RROPERTY LINE
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w�3 !'�`X-'a` � Tom and Jane Smith �� � 3,
zGY � 73-510 Main Street � ,�
��� ; Pal m Desert, CA 92260 � -�X ���'
��m i (760) 123-4567 ; t�
HOUSE �
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��� ' GARAGE � - - - � �� THE RV SHALL NOT
� ' � � � PROJECT BEYOND THE
F ' 3' � � Y � AD)ACENT, FRONT FACADE
�P� .-� ��� � �-__. ' � OF THE HOUSE.
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� 6' GATE � #—X—�- �
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, GATE ' FROM FRONT �
i DRIVEWAY '' PROPERTY LINE �
' �_ ,>,,,,m,.�=t�..r SaHIGH WALL �
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� _ . _ . __ __ _ __ - _ . '
( PROPERTY LINE 15' SE BACK
� � REQUIRED PUBLIC � � FROM FACE OF CURB
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- ---- �---- -- _'------ _.__- - -- - ---
FACE OF CURB Scale: 1" = 20'
X STREET
Provide the following: Example locations as illustrated above:
1. Provide twelve sets of site plans illustrating Location 1 and 2: (Refer to Section 8.40.05061)
proposed location and dimensions along with a 1. In the rear or side yards a recreational vehicle
dimensioned photocopy of the proposed measuring 7' in height or less may be stored within
recreational vehicle(RV). the required setback behind a 6' high opaque
screening device.
2. Plans must be neatly drawn, legible and on a 2, A 3' clearance shall be maintained between the
minimum sheet size of 8-1/2"x 11". perimeter property line or wall and the RV for
purposes of emergency access.
3. Provide project address, owner's name, and phone Location 3: (Refer to Section 8.40.05062)
number. 1. ft�. ttre reaY' r�r �ide y�'�!s a iec�eat{+�nat�u�hiCle�
4. Show all streets, driveways, and alleys immediately ��������'���" ��� �� ��i�������"�?���AP+�4�,qt1'the���
adjacent the property. p�'opert� a4t�s'tde��o# t#te:��°et��Ce�� r�c��`T i� ��6t�'�3 �ard��
setback :pravided 4fiat 7�blo of'tF�e kie��ftt af the
5. Clearly show all proposed and existing construction propo�ed RV ls�� scre�rl�d �rorn ,adj���tt pr�perty
with complete dimensions of proposed work. ������ ��``�� ��bE�� ��'��"'���`����``�� �C��Y�����
s'i�fe cc�rn�r�.lc��s,the len�tt��ft�►e RU must be 1ad/o
6. Indicate all easement locations (refer to property s�r�ened. ', , !
Title Report and Public Works for this information). Location 4: (Refer to Section 8.40.050C1)
1. When space is not available in either the side or
7. If the property is located within a Homeowners' rear yard, a recreational vehicle 3' in height or less,
Association (HOA) a letter or stamp is required including contents, may be parked outside of the
stating their approval of the specific work and required setback in the front yard, provided that an
proposed RV parking location at the requested opaque screening device a minimum of 5' in height
address. eliminates the view of the recreational vehicle from
adjacent property owners and public right-of-way
views.
CITY OF PALM DESERT
LEGAL NOTICE
NOTICE OF INTENT TO AMEND PALM DESERT MUNICIPAL CODE CHAPTER 8.40
REGARDING THE ISSUANCE OF PERMITS TO PARK RECREATIONAL VEHICLES
ON PRIVATE PROPERTY
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 properry 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 properry 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 proposes an ordinance amendment that would adopt clearer,
more definitive language as to how recreational vehicles could be approved for storage
on private property.
PROJECT LOCATION: City wide, City of Palm Desert
PUBLIC HEARING:
SAID public hearing will be held on Thursday, October 8, 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 ordinance can be
directed to the City of Palm Desert Planning Department at 760-346-0611.
PUBLISH: Desert Sun RACHELLE D. KLASSEN, City Clerk
September 27, 2009 City of Palm Desert, California
Klassen, Rachelle
From: Aylaian, Lauri
Sent: Wednesday, September 30, 2009 3:47 PM
To: ksc.inc@hotmail.com
Cc: Grisa, Melissa; Klassen, Rachelle
Subject: RE: Recreational Vehicles on Private Property
Ke n,
By copy of this e-mail, I'm asking the City Clerk to forward your suggestions to the members of the City Council. They
will be considering the ordinance at the meeting scheduled for 4:00 PM on Thursday, 8 October 2009. You may also
attend the meeting and express your concerns in person if you choose.
Thank you for your interest in the revision of the RV parking ordinance.
Lauri Aylaian
From: Judy, Janine
Sent: Wednesday, September 30, 2009 11:57 AM
To: Grisa, Melissa; Aylaian, Lauri
Subject: FW: Recreational Vehicles on Private Property
From: ken stendell [mailto:ksc.inc@hotmail.com]
Sent: Wednesday, September 30, 2009 11:35 AM
To: Planning E-mail
Subject: Recreational Vehicles on Private Property
Missy Grisa, Lauri Aylaian,
I received a copy of the revisions of Chapter 8.40 of the Municipal Code and have read the proposed
amendments.
Section 8.40.050 "E" as it is written is very subjective,when it should have objective with criteria for a
resident to apply when requesting a permit.
When creating an exception there should be a target which will lead to a path for approval.
That criteria should be:
• Screening
• Location on property
• Emergency access
Without objective targets any decision can be negative because someone had a bad day!
The weather patterns in this valley can be severe and many residents elect to leave for long durations of
time when temperatures' reach 110 degrees. Because of this there is a larger number of home owners
that have RVs.
With this in mind it is common for these residents to park such vehicles on their own property rather than
renting spaces at a limited and costly number of facilities which have RV parking.
I hope you will consider these suggestions.
Respectfu Ily,
Ken Stendell
1
Ken and Debbie Stendell
73 110 Ironwood Street
Palm Desert, CA 92260
September 30, 2009
Mayor Spiegel and Council Members
73 510 Fred Waring Dr.
Palm Desert, CA 92260
Honorable Mayor,
It has been brought to my attention that Palm Desert City Staff has once again been
instructed by Council to modify the Recreational Vehicle Parking Ordinance. After
reviewing the minutes of the August 27th Council meeting I found an applicant had been
denied a permit to park a RV in the front yard at ARC and was appealing that decision to
the Council.
With this in mind it brings 1988 back to light when my family and I lived on Skyward
Way, south of Haystack, and a neighbor parked a travel trailer on cement wheel strips in
the front of his home in plain site of my homes front windows across the street. Several
other residents made the same complaint and at that time Council directed Staff to draft
the RV ordinance for front yard parking of RV's.
Twenty years later and the same issue has been brought before this Council, A
moratorium was applied to future applications and staff was to remedy this situation by
reviewing and amending the current code.
I have read the minutes from the August 27, 2009 Council meeting and discussed this
issue with the Planning Department at length. It seems to me the key issues are parking
RV's in the front yard and parking RV's in areas of very small lots (i.e. Palm Desert
Country Club was specifically discussed) where they do not blend in well. This seems
like a very easy fix to me, however the Planning Department has drafted what I believe to
be an extremely complex and restrictive ordinance.
Over the years we have owned many RV's, boats, or enclosed toy haulers. Due to the fact
that our properties have never been large enough or situated correctly to accommodate an
RV We have always been good neighbors and either parked in a garage or paid storage to
circumvent unsightly front yard parking of these units.
Now that my wife and I, finally realizing retirement is just around the corner, have
purchased a property in South Palm Desert which will accommodated everything we
need, a nice home, pool land and a side yard which will accommodate an RV with ample
room to screen with landscaping. However, the proposed modifications presented tonight
will make it impossible to use our property in the way we had intended to use it.
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We have been told by the Planning Department that there has been an exception section
added to the draft ordinance. While we are glad to hear that the Planning Department is
trying to be reasonable, we do not understand why we should be made to go through a
subjective exception process. It seems to me that the Planning Department should take
more of a glass-half-full approach rather than the extremely restrictive proposal before
you this evening.
We have lived in Palm Desert for over twenty five years and this amendment to the
current ordinance is nothing short of social engineering in which government is
increasingly interjecting itself into our lives and use of property.
I firmly believe in any ordinance which prohibits a RV in the front of a home or in
instances where there isn't room as it makes the city look shabby. However, when there
is sufficient room on the side yard or rear yard of a half acre piece of real estate and
adequate screening can be accomplished then there is no reason to restrict the use of ones
property.
We feel that with exceptions that have been noted above the current RV ordinance works.
That being said, we respectfully request that the current ordinance be left alone with
exception to parking RV's in front yards and addressing RV's on smaller lots.
I look forward to observing the outcome of this issue at the October 8t" Council meeting.
Respectfully,
Ken and Debbie Stendell