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HomeMy WebLinkAboutOrd 1207 - Screening of RV's Parked on Private Properties * Passed Ord. No. 1207 to second reading, with staff directed to look at the 24-hour temporary � • ' ( , ��� � parking issue as the regulation goes forward. ��E�i'l��G DA�� � 3-2 (Benson, Finerty NO) � � — CZ cc��s E���a�� ,o CITY OF PALM DE R R�����TQ ���R���� �S • ��j�+�, DEPARTMENT OF COMMUNITY STAFF REPORT REQUEST: APPROVAL OF AMENDMENTS TO CHAPTER 8.40 (RECREATIONAL VEHICLES ON PRIVATE PROPERTY)OF TITLE 8(HEALTH AND SAFETI� OF THE PALM DESERT MUNICIPAL CODE, TO CLARIFY STANDARDS FOR SCREENING RVs PARKED ON PRIVATE PROPERTIES SUBMITTED BY: Missy Grisa, Assistant Planner DATE: February 11, 2010 CONTENTS: Ordinance No. 1207 , Exhibit A attached Resident E-mails - Recommendation � That the City Council waive further reading and pass Ordinance No.�Z to second reading, approving amended standards to Chapter 8.40 Recreational Vehicles(RV) on Private Property of Title 8 Health and Safety of the Palm Desert Municipal Code. Commission Recommendation The Architectural Review Commission (ARC) reviewed the proposed ordinance with amendments regarding screening established by the RV Parking Subcommittee.The ad hoc RV Parking Subcommittee reviewed and recommended adoption of the proposed ordinance revisions on January 15, 2010. Staff presented an updated ordinance to the ARC on January 26, 2010. The subcommittee recommended staff move forward to the City Council with the proposed revisions and modifications as discussed in the January 15, 2010, meeting. Executive Summary 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 provide more definitive standards and to work with an ad hoc subcommittee on the issue. Approval of an amended Recreational Vehicle (RV) Ordinance would provide the ARC with more specific standards to apply to the cases they review. The RV cases have proven somewhat difficult to the Commission in the past due to language in the current ordinance that reads "substantially screened" and "deemed adequate to screen."Staff has worked with the subcommittee and the Architectural Review Commission on various renditions of the ordinance. After hearing varying opinions on the matter, the majority of the subcommittee reached a compromise, and felt confident the proposed ordinance should be brought forward for review by the entire City Council. A moratorium on the issuance of permits to park RVs on private property will remain in place until the new ordinance is amended and takes full effect. Staff Report Approval of Amendments to Chapter 8.40 Recreational Vehicles on Private Property Page 2 of 4 February 11, 2010 Backqround Prior to the first proposed amendments, staff researched neighboring city ordinances 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 version of the amended ordinance.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. On September 22, 2009,the proposed amendments and diagram 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. 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 were heard. The City Council appointed another Councilmember to the subcommittee and at the request of Council, staff added three new residents as well. That subcommittee met once and discussed favoring and opposing opinions to the proposed ordinance amendments. A discussion continued on reductions in the setback requirements for larger RVs in side and rear yards, but no clear agreement between parties was 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 specific distance 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 a 6'width would provide sufficient planting space for proper growth and screening of a RV. With this reduced setback, the exception process was eliminated in the second version of the ordinance. 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. The subcommittee met again on November 19, 2009, after ARC's review and prior to returning to City Council. 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 second version of the ordinance would go forward to City Council as proposed for a vote or further direction. On December 10, 2009, the ordinance was continued by City Council and referred back to the subcommittee. By this time, several more interested residents had joined the subcommittee. Staff presented a study to the subcommittee illustrating RV sizes being manufactured today, along with some pointed questions to gain the subcommittee's general consensus. Staff then addressed the comments and modified the proposed ordinance. The subcommittee met one last time to discuss G:\Planning\Missy Grisa\Misc\RV Ordinance\Cily Council 3\Council Statt Report.doc Staff Report Approval of Amendments to Chapter 8.40 Recreational Vehicles on Private Property Page 3 of 4 February 11, 2010 these modifications, made some minor adjustments and recommended the ordinance be brought forward to City Council for review. Staff has incorporated �ew 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; eliminating setback dimensions from the property line; necessitating 100% screening at the time of storage; temporary parking regarding loading/unloading, cleaning, charging, etc., restricted to a period of 24-hours; providing emergency ingress and egress from residences; noticing requirements;staff approvals vs.Architectural Review Commission approvals; and creating strict exceptions procedures language. The final changes made to the ordinance are summarized below. In addition, the proposed ordinance is attached, with ihe 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 8.40.040 Measurement of recreational vehicles. Language clarifies how the height and width are measured. Section 8.40.050 Permitted and nonpermitted uses of recreational vehicles. Language was added to: eliminate front yard and street side yard RV parking; prohibit the parking of RVs in carports; eliminate RV setbacks from side and back yard property lines, and to require 100%screening of the RV height at time of storage; reduce noticing requirements to immediately adjacent property owners; establish staff approval when all neighbors are in agreement regarding the screened RV; establish Architectural Review Commission review when neighbors are not in agreement regarding the screened RV; and prohibit blocking of residential emergency ingress or egress with an RV. Section 8.40.060 Permit issuance to park recreational vehicles on private propertv.This section now establishes clearly defined applicant submittal requirements, and side and rear yard 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. In front and street side yards, a 12-month amortization period will allow the RV owner to find other means of storage. Section 8.40.080 Temporary parkina qermit 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 for less than 24 hours, rather than the 72-hours in the existing ordinance. Section 8.40.090 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, preparation and noticing nearby property owners, writing an ARC staff report, and the actual presentation in the ARC meeting. Additional time is G:\Planning\Missy Grisa\Misc\RV Ordinance\City Council 3\Council Statt Report.doc Staff Report Approval of Amendments to Chapter 8.40 Recreational Vehicles on Private Property Page 4 of 4 February 11, 2010 required when cases are appealed or called up by the City Council. Section 8.40.100 General conditions. Minor language changes were addressed regarding temporarily connected power and water. Staff agrees with the concerns of the subcommittee and recommends approval to adopt Chapter 8.40 Recreational Vehicles on Private Property in its entirety as attached. Fiscal Analvsis There is no fiscal impact to the City for adoption 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: , Missy Grisa Lauri Aylaian Assistant Planner Director of Community Developmen Approval: �ti���� n . Wohlmuth i y Manager � r � G:\Planning\Missy Grisa\Misc\RV Ordinance\City Council 3\Council Staff Report.doc ORDINANCE NO. i2o� 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 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 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 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 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. 120� 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 Council this day of , 2010, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: CINDY FINERTY, Mayor ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California 2 ORDINANCE NO. 120� 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 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 recreational vehicles. "Recreational vehicles" in this chapter means and includes, 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 exctuded from this definition. 3 ORDINANCE NO. 120� 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 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. "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) 8.40.040 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 4 ORDINANCE NO. 120� 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: 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 stored behind a six-foot high opaque screening device. 2. Recreational vehicles measuring seven to twelve 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 and/or 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 last 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, vertical 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 shall 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. 120� 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 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 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 all sides of the recreational vehicle, along with dimensions that identify its width, length, 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. 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 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 Development along with the necessary documents as stated in Section 8.40.060B. along with a copy of the current registration of the RV. The director may attach conditions to the approval requiring adequate screening. New property owners 6 ORDINANCE NO. 120� 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 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. 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 motorist's 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. 120� 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 shall 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, and/or 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 From: Grisa, Melissa To: "�Nilii�am ta"askill" Subject: RE: [NEWSENDER]-RV parking-Message is from an unknown sender Date: Wednesday,January 27,2010 9:49:00 AM Hi William, I've copied the proposed ordinance section that you are referencing below. I recently responded to another gentleman with the same question/ concern. 8.40.070 Tem.�orary aarking_permit qrocedure. 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) No parking permit will be required for the sole purpose of any person loading/unloading, and/or cleaning a recreational vehicle within a consecutive twenty-four hour time period. The section regarding loading, unloading, cleaning, etc. has been limited to 24 hours.The subcammittee, made up of resident RV owners, resident non-RV owners, City staff,and two City Council members, decided on this limit and it is going forward to the full City Council for a vote on February 11, 2010. Unfortunately, the public camment period is closed as this has gone twice before City Council and at the last meeting they closed public comment. As stated above, no-fee permits can be obtained to park an RV on your property for up to 72 hours six times a year. This section was intended for the chance to allow visitars at the home if passing through the area, but you could use it for cleaning, unloading, loading, etc. I hope this helps. Please let me know if you have additional questions. �7J'J'Lf C]Y'1S'Gi ✓ �� City af Palm Desert 73-510 Fred Waring Dr. Palm Desert, CA 9Z260 Phone: 760.346.0611 ext. 384 Fax: 760.776.6417 From: William Gaskill [mailto:cyldivbillg@msn.com] Sent: Wednesday, January 27, 2010 9:24 AM To: Grisa, Melissa Subject: [NEWSENDER] - RV parking - Message is from an unknown sender Dear Ms Grisa, It is my understanding that the city is considering changing the current current ry residential street parking time from 3 days to 24 hours. My wife and I must protest this change. It is not possibte to load a large motor home for an extended trip of two to four months especially in hot weather in such a short time. The clothes, food, supplies, tools, and equipment necessary for an extended trip require a great deal of effort and time to load, and then when we return, to unload our 36' motorhome. When you consider that the vehicle must be cleaned and prepared for extended occupancy, and upon returning home must be unloaded and prepared for storage, 24 hours is not long enough. In fact, 3 days is a challenge in hot weather. We hope the city council will not make this change. yours respectively, William and Diane Gaskill 72955 willow st Palm Desert (760) 836-1560 From: Grisa,Melissa To: "suedic kh��:ac�l.cc�rn" Subject: RE: [NEWSENDERJ-re;RV parking-Message is from an unknown sender Date: Monday,January 25,2010 8:53:00 AM Hi Richard, I've copied the proposed ordinance section that you are referencing below. 8.40.070 Temnorary qarking permit arocgdure. A. The parking and/or storage of recreationai 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) No parking permit will be required for the sole purpose of any person loading/unloading, and/or cleaning a recreational vehicle within a consecutive twenty-four hour time period. The section regarding loading, unloading, cleaning, etc. has been limited to 24 hours.The subcommittee, made up of resident RV owners, resident non-RV owners,City staff,and two City Councilmembers, decided an this limit and it is going forward to the full City Council for a vote on February 11, 2010. Unfort�nately,the public comrnent period is closed as this has gane before City Council a few times prior and at the last meeting they clased public comment. As stated above, no-fee permits can be obtained to park an RV on your praperty for up to 72 haurs six times a year.This section was intended for the chance to allow visitors at the home if passing through the area, but you could use it for cleaning, unloading, loading, etc. I hope this helps. Please let me know if you have additional questions. ?l�tiss� C7risa City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, CA 92260 Phone: 760.346.0611 ext. 384 Fax: 760J76.6417 From: suedickh@aol.com [mailto:suedickh@aol.com] Sent: Saturday, ]anuary 23, 2010 11:43 AM To: Grisa, Melissa Subject: [NEWSENDER] - re;RV parking - Message is from an unknown sender I am Richard Hunter. I live on Calliandra Street, Palm Desert. I spoke to you in your office a few weeks ago about our need to park our RV @ our house when packing for a trip. Although we store our motor home in a commercial storage, we bring the RV home a few days prior to a trip. It takes us a MINIMUM of 48 hours to pack. Your proposed law to limit the time to 24 hours that we can leave the vehicle at our home will be impossible. (ie: it takes 24 hours to get the refrigerator working before loading the food). It is our request that the Council leave the law at 72 hours as is currently on the books. We personally know four families who also say the shortened time will be impossible. Thank you for your consideration of this problem. Richard E. Hunter 760 341 -9380 TRB February 2, 2010 Madam Mayor & City Council Members City of Palm Desert Via email: rklassen@ci.palm-desert.ca.us Re: RV Storage Dear Council Members: I would like to take this opportunity to identify a misunderstanding on behalf of the planning staff regarding the existing ordinance relative to RV storage. Having just read the minutes to the City Council meeting dated 1/14/10., and the Municipal Code on the subject, I believe staff's interpretation is a matter of linguistics. Please allow me to explain. After staff inember, Assistant Planner Missy Grisa, made her presentation on the subject, Councilmember Benson stated she thought the current standard was to have RVs fully screened. Ms. Grisa responded the current Code stated RVs are required to be "adequately" screened, which was one of the issues staff was working to clarify. She said "adequately" meant something different to different parties. The ARC came up with recommending that as long as the majority of the RV was screened, it would be allowed under the current Code. Ms. Grisa's statement is false and Councilmember Benson's original belief is true. The Municipal Code section on the subject is as follows: "Be sereened from adjacer�t lots and streets by a solid fence, wall, gate, door, shrubbery, hedge, or combination thereof to the satisfaction of the architectural review commission. Said fence, wall, gate or doors must comply with city zoning codes, and ..." The ordinance goes on to state that "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). As you can see the code reference "deemed adequate to screen," should not be interpreted as adequately screened, partially screened or 75% screened. The term screened in this case should be interpreted as to hide, to conceal or to obscure from view. Deemed adequate to screen was intended to allow ARC to determine whether the screen material was a hedge or a solid, translucent, or opaque material. The Municipal Code it not flawed, only its interpretation. Sincerely, Timothy R. Bartlett Email: bartlettcQaol.com 73-382 Salt Cedar Street Palm Desert, CA 92260 Phone: 760.773.3035 Cel I: 760.534.7007