TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT

DATE: August 5, 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

Adopt 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" rather than "parking" of vehicles entirely over paved surfaces, and removed language in section 6d, that would require a vehicle cover "that was designed for the particular type of vehicle" posing less restrictions for the parking and storage on private properties. The City Council also agreed that the effectiveness of the ordinance will be reviewed by the City Council and the Planning Commission after six months of implementation. The City Council approved the amended language and re-introduced Ordinance No. 390 at the May 20^th 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 RV on an undeveloped lot, provided specific criteria is met. Also, it was directed that the language in the ordinance be amended to allow inoperable/unsightly vehicles to be covered in a reasonable manner, or stored where not visible from the public right-of-way.

On July 1, 2003, amended Ordinance No. 390 was presented to the City Council for re-introduction. At that time, the Council directed further changes to the language that allows vehicles to be parked or stored on a vacant lot. The Council re-introduced the Ordinance with the amended language.

On July 15, 2003, the amended draft ordinance was presented to the City Council for adoption . The City Council reviewed the draft ordinance and directed Staff to make additional language modifications. The modifications involved clarifying the criteria for the parking of a vehicle on an undeveloped lot, the definition of the lot owner’s family, and the areas that a vehicle cannot overhang onto. The amended ordinance was than re-introduced.

Staff is now presenting the amended ordinance to the Council for adoption.

DISCUSSION

Pursuant to Council direction given at the July 15^th meeting, the following amendments have been made to the draft ordinance.

1. To address the Council’s direction regarding the parking and storage of vehicles on undeveloped lots, Staff added new language to section 6a to include defined members of the lot owner’s family rather than restricting the parking on an undeveloped lot only to the lot owner.
2. To address the Council’s concerns regarding section 6c, Staff added language to further define what areas of a private property a vehicle may not overhang onto. Language was added to include sidewalks, parkways or the street right-of-way so that vehicles parked on a driveway, or other lawfully installed paved surface, cannot block pedestrian traffic or street rights-of-ways.

If the second reading of Ordinance No. 390 is adopted by the City Council at its August 5^th meeting, the effective date of the Ordinance will be September 4, 2003, which is thirty (30) days from the adoption date. As previously directed by the Council, the Planning Commission and City Council will review the effectiveness of the new ordinance six months after it goes into effect. In addition, the Traffic committee was directed to address the issue of street parking of oversize vehicles and report its findings to the Planning Commission at the six month review. Furthermore, Staff will be monitoring complaints received regarding the parking of RV’s on private property and the street during the six month period, including publicizing the matter on the City website.

CONCLUSION

At the July 15^th 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 and the right-of-way areas that a vehicle may not be parked over and re-introduced the amended draft ordinance. 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 adopt amended Ordinance No. 390.

Respectfully submitted,

Joel Rojas, AICP

Director of Planning, Building and

Code Enforcement

Reviewed by:

Les Evans

City Manager

Attachments:

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, July 1, 2003, and July 15, 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"), except that one vehicle may be parked or stored on an undeveloped lot if the owner of the vehicle also is the owner of the undeveloped lot or is a member of the lot owner’s immediate family, and the owner of the vehicle lives on a developed lot that is contiguous to the undeveloped lot on which the vehicle is parked or stored, provided that the remaining provisions of this paragraph 6 are met. For the purposes of this paragraph, vehicle includes a trailer, which is attached to a motorized vehicle that tows the trailer, and immediate family includes spouses, registered domestic partners, children, stepchildren, parents, in-laws, grandparents and grandchildren.
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, sidewalks, parkways or 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 residence. A temporary guest permit shall not be effective for more than 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