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Home My WebLink AboutURG Ord 1206 - 10 1/2 Month Xtnsn Moratorium - RVs CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: EXTEND BY 10-1/2 MONTHS THE EXISTING 45-DAY MORATORIUM ON ISSUANCE OF PERMITS TO PARK RECREATIONAL VEHICLES ON PRIVATE PROPERTY SUBMITTED BY: Missy Grisa, Assistant Planner DATE: January 28, 2010 CONTENTS: Ordinance No. 1206 Legal Notice Recommendation Waive further reading and adopt Ordinance No. i2o6 , approving a 10-1/2 month extension to the existing 45-day interim moratorium on approvals to park recreational vehicles (RVs) on private property. The moratorium will be lifted sooner, if the City's Recreational Vehicle Ordinance (P.D.M.C. Chapter 8.40) has been amended. Backqround The RV Ordinance requires a permit, approved by the Architectural Review Commission, to park an RV on private property to assure that the unit is adequately screened. Staff is reviewing the current ordinance and researching possibilities in which it could be amended to create a simple, clearly articulated ordinance while taking into consideration the concerns of RV owners and non-RV owners. On December 10, 2009, the City Council approved a 45-day moratorium on issuance of permits for any RVs parked on private property. During the 45-day period, staff has conducted further research and met with a subcommittee on the issue. Staff is still in the process of researching information and is requesting additional time, extending the moratorium for an additional 10-1/2 months or until an amended ordinance has taken effect. If a new ordinance is passed prior to the expiration of the 10-1/2 month extended moratorium, the moratorium would be rescinded, effective the date when the amended ordinance takes full effect. G:\Planning\Missy Grisa\Misc\RV Ordinance\City Council 2 Moratorium\Staff report moratorium extension.doc RV Moratorium Staff Report January 28, 2010 Page 2 of 2 Fiscal Analvsis There is no fiscal impact regarding the approval of an extension of 10-1/2 months to the existing 45-day interim moratorium on the approvals to park RVs on private property, or until the City's Recreational Vehicle Ordinance (P.D.M.C. Chapter 8.40) has been amended. Submitted by: Department H M' Grisa, Assistant Planner Lauri Aylaian Director of Community Development A ro L• j � _ ClTY COIINCIL 'IOI�t ' APPROVED ....�DEN1Eti ��.--- Jo n . ohlmuth, City Manager RE E1VED OTHER��-�' '�.?.�':�o:'7o�iZD � MEE G A '� � `� ��' AYE3s � � ' � NOE� � � ABSEN'I� ABSTAIN: C VERIFIED BYs QrtSinstl on Fits w►itL City rk'�Office ORDINANCE NO. 1206 AN URGENCY ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING FINDINGS AND IMPOSING A 10-1/2 MONTH EXTENSION TO THE EXISTING 45 DAY INTERIM MORATORIUM ON ISSUANCE OF PERMITS TO PARK RECREATIONAL VEHICLES ON PRIVATE PROPERTY. WHEREAS, the City Council of the City of Palm Desert, California, did on the 2gth day of January 2010, hold a duly noticed public hearing to consider e�ending for up to 10- 1/2 months the 45-day interim moratorium on approvals to park recreational vehicles on private property; and WHEREAS, on December 10, 2009, the City Council approved an interim moratorium on the issuance permits to park recreational vehicles on private property until the City Council considers and enacts an alternative ordinance; and WHEREAS, the City is receiving applications to park individual recreational vehicles on private property, which applications may be in conflict with proposed alternatives and preclude effective implementation of important proposed goals and policies; and WHEREAS, to enhance the community's appearance and to protect the public health, safety, and welfare, the City Council desires to adopt an ordinance to impose an extension of the 45 day interim moratorium for up to another 10-1/2 months on the issuance of permits to park recreational vehicles on private property; and WHEREAS, based on the foregoing, the City Council finds that issuing permits to park recreationat vehicles on private property prior to consideration and adoption of an alternative ordinance would pose a current and immediate threat to the public health, safety, and welfare, and that an extension to the temporary moratorium on the issuance of such permits is necessary. NOW, THEREFORE, the City Council of the City of Palm Desert, California does hereby ordain as follows: SECTION 1. IMPOSITION OF THE MORATORIUM A. In accordance with the authority granted to the City of Palm Desert under Government Code Section 65858, the City Council does adopt a temporary moratorium on issuance of permits to park recreational vehicles on private property. B. This Ordinance is an urgency ordinance adopted pursuant to Government Code Section 65858, and is for the immediate preservation of the public health, safety, and welfare. The facts constituting urgency are: 1. The City has recently received a large number of recreational vehicle parking permit applications that must be reviewed by the Architectural Review Commission prior to issuance of permits; and 2. The current municipal code section regulating such permits is difficult for the Architectural Review Commission to apply due to vague language; and ORDINANCE NO. 1206 3. Property owners in the City have expressed concern that current regulations allow recreational vehicles to be stored in front yards resulting in unaesthetic and unsafe circumstances and depreciating property values; and 4. The City staff desires to revise the ordinance for adoption by the City Council to ensure that parked recreational vehicles do not create public safety hazards or diminish property values; and 5. Absent the adoption of this urgency ordinance, permits allowing recreational vehicte parking in an unsafe manner that decrease property value may be issued. C. The City Council finds that the adoption of an ordinance imposing a moratorium on of the issuance of permits to park recreational vehicles on private property is necessary to prevent approval of additional permits that may be inconsistent with proposed changes to Palm Desert Municipal Code Chapter 8.40 Recreational Vehicles on Private Property, currently under consideration. D. Notwithstanding any provision of the Municipal Code to the contrary, no issuance of permit of any nature shall be approved for any request to park a recreational vehicle on private property within 10-1/2 months of this Ordinance while Chapter 8.40 Recreational Vehicles on Private Property is under review for potential amendment. SECTION 2. SEVERABILITY If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence clause or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable. SECTION 3. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The City Council finds that this moratorium complies with the "City of Palm Desert Procedure for Implementation of California Environmental Quality Act, Resolution No. 02- 60", in that the Director of Community Development has determined, pursuant to Section 3.07, that the moratorium is exempt because there is no possibility that the adoption of the moratorium will have significant effect on the environment. SECTION 4. EFFECTIVE DATE This Ordinance shall become effective immediately upon adoption if adopted by at least four-fifths (4/5) vote of the City Council and shall be in effect for ten and one half (10-1/2) months from the date of adoption unless extended by the City Council as provided for in the Government Code. ORDINANCE NO. i2o6 SECTION 5. PUBLICATION 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. PASSED, APPROVED and ADOPTED this day of , 2010, by the City Council of the City of Palm Desert, California, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CINDY FINERTY, Mayor ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California APPROVED AS TO FORM: DAVID J. ERWIN, City Attorney CITY Of Pfll (rl DESE � I 73-5�0 FRED WARING DRNE PhLM DESEftT,GALIFOftNIfi 9bZ60-b578 � reL:760 346—o6u F�vc:760 ;4i-7oq8 in(o@palm-dexrcorg CITY OF PALM DESERT LEGAL NOTICE NOTICE OF INTENT TO IMMEDIATELY IMPOSE AN URGENCY ORDINANCE EXTENDING BY 10-1/2 MONTHS THE 45 DAY INTERIM MORATORIUM ON 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 ciry 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, safery and welfare of the communiry. 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 properry 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. Chapter 8.40 Recreational Vehicles on Private Properry outlines the requirements and procedure for the application and hearing process. The City of Palm Desert Community Development Department will be proposing an ordinance amendment to create a clearer, more definitive approach to how RVs could be approved for storage on private property. No new permits for private property storage of recreational vehicles would be approved for a period not less than 10-1/2 months. If a new ordinance take effect prior to the 10-1/2 month extended moratorium, the moratorium would be rescinded, effective the date when the amended ordinance take full effect. PROJECT LOCATION:City wide,City of Palm Desert PUBLIC HEARING: SAID public hearing will be held on Thursday, January 28, 2010 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 moratorium can be directed to Missy Grisa, City of Palm Desert Planning Department at 760-346-0611. PUBLISH: Desert Sun LAURI AYLAIAN, Director of Community January 17,2010 Development,Ciry of Palm Desert