HomeMy WebLinkAboutSuppltl Info: ORD. NO. 1207 - Rcvd 4-5-10 ORDINANCE NO. 1207
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 gth
day of October, 2009, hold a duly noticed public hearing which was continued to the 10tn
day of December, 2009, and February 11, 2010, to consider modification to Section
8.40 of the Palm Desert Municipal Code; and
WHEREAS, the Architectural Review Commission reviewed and recammended
approval on September 22, 2009, and reviewed and recommended approvai of
proposed amendments to Chapter 8.40 an November 10, 2009, to the City Councii, and
reviewed the final draft on January 26, 2010; 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, and 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 �.f Pa�.rn Desert will not be
successful unless greater concern and amended standards a�e 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. 1207
THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNlA, DOES
ORDAIN AS FOLLOWS:
SECTION 1: That the above recitations are true and co�rect 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 Council this
25th day of February , 2010, by the following vote to wit:
AYES: BENSON, FERGUSON, KELLY, and SPIEGEL
NOES: FINER?Y
ABSENT: NONE
ABSTAIN: NONE
r
CIN FINERT , MAY R
ATTEST:
R CHELLE D. K�ASSE . CITY CL K
CITY OF PALM DESERT, CALIFORNIA
�.3-3- 10
2
ORDINANCE NO. 1207
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 Exceptions procedure
8.40.080 Temporary parking permit procedure
8.40.090 Permit fees
8.40.100 General conditions
8.40.110 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 �ecreational vehicles.
"Recreational vehicles" in this chapter means and includes, but is not limited to, the
following specific vehicles:
A. "AircrafY' is a general term applying to all manner of aircraft, whether
impelled by wind or mechanical devices, and which are designed for recreational or
vacation use. An aircraft when mounted upon a trailer shall be considered one unit.
B. "Camper" means a separate vehicle designed for human habitation and
which can be attached or detached from a pickup truck. When removed from the truck,
campers are called "unmounted campers." These campers are sometimes referred to
as "truck campers" and "overhead campers." Camper shells on pickup trucks are
excluded from this definition.
3
ORDINANCE NO. 1207 .
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, plastic or metal. The walls are collapsed
while the recreational vehicle is being towed or stored and are raised or unfolded when '�
the vehicle becomes temporary living quarters and is not being moved.
D. "Motor home" means a motorized vehicle that has a truck or motor van
chassis primarily designed to provide temporary living quarters for travel, camping,
recreation and vacation use.
E. "Travel trailer" means a trailer without its own motive power, designed as a
temporary dwelling for travel, camping, recreation and vacation use. This definition
includes fifth wlieelers.
F. "Utility trailer" means a trailer without its own motive power designed
and/or used for the transportation of animals, goods, material, aircraft, watercraft and all
manner of motor vehicles.
G. "Watercraft" is a general term applying to all manner of watercraft, whether
impelled by wind, oars or mechanical devices. and which are designed primarily for
recreation or vacation use. A watercraft when mounted upon a trailer shall be
considered one unit. (Ord. 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 property
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)
8.40.04Q 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
4
ORDINANCE NO. 1207
trailer. The maximum measurements do not include side-mounted mirrors or roof-
mounted equipment. Mirrors shail 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:
A. Within an enclosed building, conforming to all provisions,
restrictions and regulations of the zoning and building codes of the city approved
by the Architectural Review Commission;
B. In rear and side yards as follows:
1. Recreational vehicles measuring seven feet in height or less may be
sto�ed behind a six-foot high opaque screening device.
2. Recreational vehicles measuring seven to twetve feet in height may
be stored on the property in accordance with the following provisions:
a. The recreational vehicle is completely screened from adjacent
property owners and the public right-of-way at time of storage. The requirement
to screen 100% of the height of the vehicle shall not apply to the area in front of
the access gate, where the maximum height is restricted to six feet. Note: On
corner lots, the street side yard shall comply with Section 8.40.050 C front yard '
andJor street side yard guidelines regarding parking recreational vehicles on
private property.
b. Not less than 10 days prior to the date on which the decision
will be made on the application, the zoning administrator or his or her designee
shall give notice of the proposed parking location by mail or delivery to all
owners shown on the iast equalized assessment roll as owning real property
immediately adjacent the exterior boundaries of the property of the proposed
parking location. A copy of the notice shall also be sent to the applicant. The
notice shall inform its recipient that no hearing shall be held prior to a decision
on the application unless requested by the recipient. If a hearing is requested the
applicant will be required to submit the necessary copies of original documents
to be reviewed by the Architectural Review Commission. When a decision is
made by the Architectural Review Commission, that decision may be appealed to
City Council within the 15 day appeal period.
3. No recreational vehicle shall project beyond the immediately
adjacent, verticat plane of the front fa�ade of the house or side fa�ade of the
house if located on a street side corner lot.
4. Recreational vehicles shall not block any required emergency
ingress or egress (minimum 3') to or from the residence.
5. Opaque screening devices to block the view from adjacent lots and
streets sha11 consist of a solid fence, wall, gate, door, consistently maintained
permanent shrubbery/hedge, or a combination thereof to the satisfaction of the City
Landscape Department. Landscaping or plantings in movable pots are not
5
ORDINANCE NO. 1207
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.
C. 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 recreationai 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 Department of Community Development may approve and issue a
permit to park a vehicle in the side or rear 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.
B. The owner of the property must submit a site plan of the property
illustrating the proposed parking location, photographs illustrating al! sides of
the recreational vehicle, along with dimensions that identify its width, iength,
height, and screening as defined in subsections A, B, and C of 8.40.050. 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. Permits shall expire upon
transfer of ownership.
D. Lawfui 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 non-conforming uses, and shall be made to
comply, be removed, or demolished upon transfer of ownership of the property,
unless located in the front or street side yard. In front and street side yards, a 12
month amortization period will allow the RV owner to find other means of storage.
The burden of proof of the approval of these lawful nonconforming parking
locations and/or screening devices shall be placed on the property owner.
E. The property owner with a lawful non-conforming RV storage
location must submit a written request to the Director of Community
Deveiopment along with the necessary documents as stated in Section 8.40.060B.
along with a cvpy of the current registration of the RV. The director may attach
conditions to the approval requiring adequate screening. New property owners
6
ORDINANCE NO. 1207
shall be required to adhere to the current zoning ordinance regarding recreational
vehicle storage on private property.
F. The granting or denial of a permit pursuant to this subsection shali
be supported by the following findings:
i. That the proposed location of the recreational vehicle is in accord
with the objectives of this titte;
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.
G. 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.
H. 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.
I. No vehicle shall be so parked as to interfere with a motorisYs line of sight
when approaching intersections or when exiting a designated driveway.
8.40.070 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 a finding that unusual
circumstances exist which 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.
A. RV Exception limitations.
i. No RV shall be granted an exception or permit for storage in the front
or street side yard.
ii. No exception shall be granted that compromises emergency access.
iii. An RV not meeting the height and width requirement shall not be
granted an exception
iv. Evidence must be submitted illustrating that there is exceptional or
extraordinary circumstances or conditions applicable to the property involved or
to the intended use of the property that do not apply generally to other properties
in the same zone.
8.40.080 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
7
ORDINANCE NO. 1207
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 8.40.080.
D. No permit shafl be issued for a recreational vehicle parked in a public
street or blocking a public right-of-way.
E. One extension of the permit may be granted, up to a maximum of
seventy-two hours. No more than one extension may be granted.
F. No more than six permits may be obtained during any calendar year
for any one property. (Ord. 519 § 1 (part), 1988)
G. No parking permit will be required for the sole purpose of any person
loading/unloading, andlor cleaning a recreational vehicle within a consecutive
twenty-four hour time period.
8.40.090 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)
8.40.100 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 with a temporary parking permit.
C. A vehicle shall not be permanently connected to a 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)
8.40.110 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
Michelson, Wilma
From: Carolyn Relei [carolynrelei@verizon.net]
Sent: Wednesday, April 07, 2010 9:50 AM
To: CityhallMail
Subject: RV Issue
Attachments: my view looking south.jpg
Dear Mayor and Council Members,
My name is Carolyn Relei. I am the home owner at 73416 Little Bend Trail in Palm Desert. I
bought my home 15 months ago and was thrilled with the beautiful and peaceful mountain
view to the south which I could see from my front yard and every south facing window in my
home. Just a couple of weeks after I moved here, my neighbor purchased a large toy hauler
RV and has parked it in front of his house almost every weekend for the entire past year..( I
have photo documentation of much of that). From my house I see the RV blocking most of the
view (even as I write this). I have faxed and called Code Compliance many times to report
this. A cursory reading of the latest update of the city code regarding RVs initially gave me
hope that finally the city was dealing with the RV issue in a way that made sense for
homeowners like me. But a second and third reading revealed that this new revision has some
loopholes or grey areas that really need clarification. Here are a few that I noticed:
1. It says that the RVs can park for 24 hours. It does not state how often the RV can park
for 24 hours. Does it mean that my neighbor can park in the street for 24 hours,
without a permit, move the RV for a day or two, then return, parking the RV in the
street in front of his (and my) house for another 24 hours and continue this for the rest
of the year? (This scenario is actually pretty close to what he has been doing). With
legislation like this, a person could park 24 hours in front of my house, move the rig to
another street, park for 24 hours, and then move it back, keeping the rig for as much as
182 days a year in any one place, provided that the days are not consecutive. This part
of the code needs to be clarified.
2. In one place in the new ordinance, it states that RVs are never to be parked on the
street, but another section seems to contradict that. Is it legal or not for an RV to be
parked on the street? My neighbor parks his RV on the street almost every weekend.
He most often keeps his truck connected to the RV, so it appears that he is about to
drive away and is only parked in a temporary manner. However, the rig sits there like
that for as much as 3 or 4 days, as my neighbor gets around in another vehicle. How do
you determine whether someone is "parked" illegally or just loading or picking up
passengers? What are the criteria? Where does the burden of proof lie? I take pictures
with date/time stamp. I know how long the rigs sits there, as do my other neighbors.
But how does that help us to get our beautiful view back and get the RV removed?
3. After I have reported that an RV is parked without a permit or has been for a few days,
what does the city do? Is there a fine? Is the owner required to buy "back" permits for
the days that the RV has been parked without a permit? It appears to my neighbors and
i
to me that the RV owning neighbor purposely brings his rig home when he knows that
the city offices are closed, often driving in on a Friday evening and taking it away on the
Monday morning of a non-holiday weekend or on the Tuesday morning of a holiday
weekend. It is tempting to think that this indicates that the RV owner keeps track of
when the code compliance office is open or closed and that he acts accordingly to avoid
having to buy a permit. So my question is, if the rig shouldn't be parked there, who to
call on weekends or holidays? Does the city have a provision to TOW AWAY rigs that are
clearly not in compliance with city ordinances? If not, why not?
I have put a lot of money and time into improving my home. I feel that property values are
not enhanced at all by the sight of large RVs. They are unlovely at best, ugly at worst. Many
are very large, larger than a billboard and they have brand names written large on them. The
city would never permit a large, white billboard on a city street, because an application for a
billboard like that would not pass the architectural review committee. Yet, my neighbor has
been able to park a large white RV with RAMPAGE written large on it right in the view of my
picture window for the entire past year. Something is wrong with this picture! And I think it is
entirely fixable if the intention of the new RV ordinance is clarified and the language of its
provisions more focused and accurately developed. I will be more than happy to help, if
asked.
Thank you for your consideration.
Sincerely,
Carolyn Relei
73416 Little Bend Trail
Palm Desert
760 776-6591
z
. l �!t J � w ��� �� � n, �� . . . ,
� m��\ ���\ � ♦���� y\ N ��' •l.h,`
.,� \��� �.�li'� f ���y ����� `
.:^ ,i� �,� ,"o'', �'.?�e..;�
.,,�+ -. , � _ �-
.� � �•,��,,�a -_ e `�,.
x i k S '
�1� � '[ . � '�
,l�� l�` � `-'; . : � • . ��.�� �.. M - �r-. -
��1�� k i� � y� �r ..
�, �, N � �4n, ; �.. ..
�� ��, ` � ' ��� � . ' . , "� `$;
Y .x
�
� '1
1, �.��4�'�., _ �` � , �1II �• �•
� ��� � /
/
* � ' • � _
� � �_�.� � � ��Y.���' 'i�A ��
_ .,- . ` � ;..I
--t'; �
�� ` �'k:; l��.•�, ..,�.� ' �.
v� ` �y� w.: , �,`�� .
� af�� �� ' f . t
� , ..I , � .� .p.
r ' y"
1'�l�� ��' � ' ' . � �,'R
t�' '
�
;�� t
:`�?, I `����
�
�{,�t,:� �" � o.
i. �r� :;-.. `t'�. N�'
� 4i`.� - �,wa �.?�
'r• . . .�r . . ,'�t .
y�' . � �r. � �"!' ..� �'4u.:.. �
h
�� � � u'.�hrr: r� ".�� ai��R '�:•'y'�^
\ '°�4 � _ .� : -ry. .. ¢�'�� + � ++. � ��..1
���. � .� .�A •�� .�.�my . �� �(�;. .
` ° "G'`. S, � �
`i'- 2 j�
!. �# h' - P .d► +I�c$ �1y��'� .'1 ��" ��$y' ,�i r
1.' �'. ��t�¢`^.� ' �..'�,"'�v;+.��
� +* .< t` •
�� a y� :�`
` '�� .. j.� . � � _ .` �`►.-� .' .Y"" '"�r �� ��., ,-�. ` .
� � �
'� � �.s "a 1 , ;M � '' .,�+''��"" aY; a" .� �'rar ;a.e°��..s4 ±� ,.-
�'� l2-. . u , � � ��'r r'����a ''! .
v
,.w,. .J. 'p�''.7
• I,iT � �' i��� i. � 5,,.
��s�. � �r,� �.7�, �� +�,1
� �� .a . ` .`a - +:: 4'.
'� . f r. q,� ..
�t�� S' 5... ,:. ,:.*-
. i. ' ? r I 4 'f I .
. F . . �y� .,�. , � .
i
: . �� -�, �9 �
�� �:�: � �.�� :f
^�; c. �,� �•..<9- -