Rancho Palos Verdes City Council
   

MEMORANDUM

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT

DATE: JULY 1, 2003

SUBJECT: ZON2002-00580 (CODE AMENDMENT) – REVISING SECTION 8.24.060 (PROPERTY MAINTENANCE STANDARDS) TO INCLUDE RV PARKING AND STORAGE RESTRICTIONS ON PRIVATE PROPERTY

Staff Coordinator: Jan Neth, Senior Code Enforcement Officer

RECOMMENDATION

Re-introduce Ordinance No. 390 to enact amendments to Section 8.24.060 (Property Maintenance Standards) of Title 8 of the City’s Municipal Code with respect to the parking and storage of recreational and other vehicles on private property.

BACKGROUND

On May 6, 2003, the City Council introduced Ordinance No. 390, amending Section 8.24.060 of the Municipal Code to provide restrictions for the parking and storage of recreational and other vehicles on private property. Subsequently, on May 20, 2003, the draft ordinance was presented to the City Council for adoption.

On May 20, 2003, the City Council amended the language of the ordinance to clarify section 6c to add "overnight parking", and removed language in section 6d that would require a vehicle cover "that was designed for the particular type of vehicle." The City Council also agreed that the City Council and the Planning Commission would review the effectiveness of the ordinance after six months of implementation. The City Council approved the amended language and re-introduced Ordinance No. 390 at the May 20th meeting.

Subsequently, on June 3, 2003, amended Ordinance No. 390 was presented to the City Council for adoption. On June 3, 2003, the City Council reviewed the draft language and directed Staff to explore additional revisions to the draft ordinance. Specifically, the Council directed Staff to include language that would allow the parking and storage of one vehicle on an undeveloped lot, provided the lot is contiguous to the property owner’s developed lot and the same owner of both lots also owns the vehicle.

The City Council also directed Staff to add language in the ordinance to require unsightly operable vehicles that are parked in the front setback or any other portion of the property that is visible from the street to be covered with a generic cover that is designed for the particular type of vehicle. On the other hand, if the vehicle is stored in a location on the property where it is not visible from the street right-of-way, then the requirements to cover the vehicle and park it on a paved surface would not be applicable.

Lastly, the Council directed Staff to amend the ordinance to ensure that it will not apply to bicycles and other similar non-motorized devices.

Staff is now presenting the amended ordinance to the Council for its review and consideration. If the revised language is acceptable to the Council, Staff is recommending that the Council re-introduce the ordinance.

DISCUSSION

Pursuant to Council direction given at the June 3rd meeting, the following amendments have been made to the draft ordinance.

  1. To address the Council’s direction regarding exempting bicycles and other similar devices from the purview of the ordinance, Staff added a new definition of the term "vehicle" to the ordinance. This definition is derived from a definition in the California Vehicle Code, although it has been expanded to include the categories recommended by the Planning Commission, such as watercraft. It specifically excludes "any device moved exclusively by human power."
  2. To address the Council’s concern that some of the restrictions were too onerous when applied to operable vehicles that are not parked or stored in the front yard or on any other portion of the property that can be viewed from the street, paragraphs 6 (c) and (d) were amended. Paragraph 6 (c) now requires only those vehicles that are visible from the street or are parked in the front yard to be parked on a paved surface. Likewise, under paragraph 6 (d), if an operable vehicle is unsightly, it must be covered with a generic cover that is designed for the particular type of vehicle, only if it is parked in the front yard or another portion of the property that is visible from the street. If it is parked in a location on the property that is not visible, it does not need to be covered. It should be noted that paragraph 5 of the ordinance still requires any wrecked, dismantled or inoperative vehicles be kept inside of a fully enclosed structure.
  3. To address Councilman Gardiner’s concern about what is meant by vehicles or covers that are reasonably well maintained, some examples were added to the ordinance. If a vehicle has broken windows, it must be kept somewhere on the property that is not visible, or it must be covered with a generic cover. If the vehicle is visible from the street and is covered, the covered must be properly secured and must not be torn.
  4. Finally, paragraph 6 (a) was amended to allow the owner(s) of an undeveloped lot that is contiguous to his or her developed property to park overnight or store one vehicle on the contiguous undeveloped lot, provided that the vehicle also is owned by the same individual(s).

CONCLUSION

At the June 3rd City Council meeting, the Council provided direction to Staff to craft additional language dealing with the storage and parking of vehicles on vacant lots contiguous to developed lots; the screening of unsightly vehicles, and exempting bicycles and similar devices. Staff and the City Attorney have amended the draft ordinance and the revised language is before the Council for consideration. Staff recommends that the City Council review amended Ordinance No. 390 and if acceptable to re-introduce the ordinance.

Respectfully submitted,
Joel Rojas, AICP
Director of Planning, Building and Code Enforcement

Reviewed by:
Les Evans
City Manager

Attachments:
Revised Ordinance No. 390

ORDINANCE NO. 390

AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REGULATING THE PARKING OF CERTAIN VEHICLES ON PRIVATE PROPERTY AND AMENDINGTHE RANCHO PALOS VERDES MUNICIPAL CODE

WHEREAS, on May 21, 2002, the City Council discussed amending the Municipal Code to restrict recreational vehicle (referred to herein as "RV") parking and storage on private property and remanded the issue to the Planning Commission to review; and

WHEREAS, on November 21, 2002, a notice was published in the Palos Verdes Peninsula News; and

WHEREAS, after a notice issued pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the Planning Commission conducted a public hearing on December 10, 2002, at which time Staff presented information on RV parking on private property and City streets, and possible restrictions for RV parking; and

WHEREAS, on January 28, 2003, the Planning Commission continued the public hearing, at which time all interested parties were given an opportunity to be heard and present evidence regarding possible amendments to Titles 8 and 17, as set forth in the Planning Commission Staff Report of that date; and

WHEREAS, the Planning Commission reviewed and considered the public input and directed Staff to work with a resident representative of the Good Sam Club to draft amendments to the proposed ordinance; and

WHEREAS, the Planning Commission reviewed and considered the proposed ordinance and agreed to forward the draft ordinance, with a minor change to the City Council for adoption; and

WHEREAS, on May 6, 2003, the City Council considered the Planning Commission’s recommendation to adopt Ordinance No. 390, at which time all interested parties were given the opportunity to be heard and present evidence;

WHEREAS, on May 20, 2003, the City Council considered minor changes to Ordinance No. 390, amended and introduced Ordinance No. 390; and

WHEREAS, on June 3, 2003, June 17, 2003, and July 1, 2003, the City Council considered additional minor changes to Ordinance No. 390 and amended and re-introduced Ordinance No. 390;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS:

Section 1. Section 8.24.030 of Chapter 8.20 of Title 8 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new paragraphs G and H thereto to read as follows:

G. "Vehicle" means a motorized or non-motorized device by which any person or property may be propelled, moved, or drawn upon a highway, including, but not limited to, automobiles, recreational vehicles, trailers, campers, watercraft, aircraft, or gliders. Vehicle does not mean any device moved exclusively by human power.

H. "Recreational vehicle" means any motor home, camper, house or tent trailer that may be used by persons for temporary occupancy, regardless of whether it has its own motor or is to be towed by a motorized vehicle. Recreational vehicle does not mean a mobile home.

Section 2. Section 8.24.060 of Chapter 8.20 of Title 8 of the Rancho Palos Verdes Municipal Code is hereby amended by amending paragraphs 5 and 6 thereof to read as follows:

"5. Abandoned, wrecked, dismantled or inoperative vehicles that are not stored within a fully enclosed structure;

"6. Any vehicle that is not parked or stored in the following manner:

    1. Any vehicle shall be parked overnight or stored only on a developed lot or parcel ("lot"). In addition, the owner(s) of a developed lot may park overnight or store one vehicle on an undeveloped lot, if the undeveloped lot is contiguous to the property owner’s developed lot and if the same owner of both lots also owns the vehicle.
    2. Any vehicle parked on a direct access driveway shall be parked essentially perpendicular to the street of access.
    3. Any vehicle that is parked in the front yard or on any other portion of the property that is visible from the street right-of-way shall be parked or stored on a driveway or other lawfully installed paved surface so that the entire vehicle fits over the paved surface without overhanging into landscaped areas or into the street right-of-way.
    4. Any vehicle that is parked in the front yard or any other portion of the property that is visible from the street right-of-way shall be kept in a reasonably well-maintained condition (i.e., no broken windows) or shall be covered with a generic vehicle cover that is designed for the particular type of vehicle, provided that the cover is properly secured and is continually maintained in good repair (i.e., is not torn).
    5. Unless a temporary guest permit has been issued by the director, no vehicle shall be occupied or used as a second unit for sleeping, cooking, office, or other similar purposes, and no vehicle shall be connected to electricity, water, or sewer lines, except for the temporary purpose of charging batteries, filling water tanks, or legally removing material from any gray and black water tanks. Temporary guest permits shall be issued only for properties that are developed with a single-family residence. A temporary guest permit shall not be effective for more that fourteen calendar days, and no more than three temporary guest permits may be issued for any residence during any calendar year.

Section 3. Chapter 17.96 "Definitions" of Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended by adding thereto the following definition in alphabetical order and by renumbering all successive sections of said Chapter to read as follows:

Driveway, direct access.

"Direct access driveway" means a driveway that is essentially perpendicular to the street and provides vehicular access from the street to the garage through a door that is parallel to the street.

PASSED, APPROVED and ADOPTED this ________________ day of ____________________, 2003.

_________________________
Mayor

ATTEST:

_______________________
City Clerk