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HomeMy WebLinkAboutItem 8STAFF REPORT Development Services Department DATE: May 22, 2012 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Thomas Li, Associate Planner SUBJECT: Consideration of Text Amendment No. TA 12 -02 to amend the Arcadia Municipal Code's parking regulations and exceptions for recreational vehicles in single - family residential zones SUMMARY At the direction of the City Council, the Development Services Department is proposing Text Amendment No. TA 12 -02 to amend the City's parking regulations and exceptions for recreational vehicles (RVs) in the single - family residential zones. The purpose of this text amendment is to amend the parking and storage regulations for RVs that may be having adverse visual impacts on their neighborhoods. The Development Services Department is recommending approval of the proposed text amendments as set forth in this staff report. BACKGROUND At the January 17, 2012 City Council Meeting, former Arcadia Planning Commissioner, Mr. John Murphy addressed the City Council on the subject of parking regulations in his single - family residential neighborhood, and presented the attached photographs. At the March 6, 2012 City Council meeting, staff presented to the Council the City's current single - family parking regulations, and for comparison, the regulations of several nearby cities. After discussion, the Council agreed that the City's regulations should be reexamined and directed staff to develop a proposal for potential amendments to the regulations. As the advisory body to the City Council on land use matters, the Planning Commission held discussions at their March 27, 2012 and April 24, 2012 meetings on potential amendments to the single - family parking regulations and the exceptions for recreational vehicles (RVs). To facilitate these discussions, staff presented a list of RV parking regulations compiled from other cities, and then based on the directions from the Planning Commission, prepared a draft set of regulations for formal consideration. One particular item that the Planning Commission requested is that the regulations include provisions to allow visitors with RVs to park at their host's property and stay in the RV for a limited time; such as, during the holiday season. PROPOSAL AND ANALYSIS The proposed Text Amendment No. TA 12 -02 will amend the motor vehicle limitation regulations of the R -M, R -0, and R -1 single - family zones as shown on Exhibits A, B, and C, respectively. The amendments provide a definition of RVs and specific parking and storage limitations for such vehicles. The limitations on large commercial vehicles at single - family residential properties will remain in the R -0 and R -1 zones, and will be added to the R -M zone. The R -M zoning regulations include a Section on the purpose and legislative findings for motor vehicle limitations, as shown on Exhibit A. This language is not included in the regulations of the other single - family zones and staff is proposing to add this language to the R -0 and R -1 zones. The R -M regulations also indicate that a Modification of the parking regulations may be granted, and lists the factors to be considered in determining whether, or not to grant a Modification and for the imposition of conditions of approval. Staff is proposing that these provisions be relocated to the Modification Section of the Zoning Code. It is staffs opinion that Text Amendment No. TA. 12 -02 will address the inadequacies of the parking /storage regulations for recreational vehicles in the single - family residential zones. CEQA The proposed text amendments are exempt from the requirements of the California Environmental Quality Act (CEQA). There is no possibility that the text amendments will have a significant effect on the environment per Section 15305 of the CEQA Guidelines as minor alterations in land use limitations. RECOMMENDATION The Development Services Department recommends approval of Text Amendment No. TA 12 -02. PLANNING COMMISSION ACTION The Planning Commission should direct staff to convey the Commission's recommendations and comments to the City Council for consideration at a public hearing. TA 12 -02 — RV Parking May 22, 2012 Page 2 If any Planning Commissioner regarding this matter prior to Associate Planner, Thomas Li tli( ci.arcadia.ca.us. Approved by: or other interested party has any questions the May 22, 2012 meeting, please contact by calling (626) 574 -5447, or by email at J Jim,Keisama Community Development Administrator Attachments: Photographs by Mr. John Murphy Exhibit A — Proposed R -M Amendments Exhibit B — Proposed R -0 Amendments Exhibit C — Proposed R -1 Amendments Preliminary Exemption Assessment TA 12 -02 — RV Parking May 22, 2012 Page 3 (LEGALLY STORED AUTOS and LEGALLY STORED RV'S (EXAMPLE) JANUARY, 2012 TA 12 -02 Exhibit A — R -M Zone New language is in italics, and strikeouts are for deletions. 9250.3.10. MOTOR VEHICLE LIMITATIONS — PURPOSE AND LEGISLATIVE FINDINGS. The purpose of Arcadia Municipal Code Sections 9250.3.11, 9251.2.15 and 9252.2.24 is to help maintain appropriate residential appearance and minimize blight in the community. It has been determined that an increasing number of complaints exist with regard to the outdoor storage of large numbers of motor vehicles on single - family residentially zoned property. The City's single - family residential zones are intended to serve primarily as areas in which residential dwellings may be constructed, families housed and activities which are incidental to and typical to residential living may be enjoyed. It is recognized that there is a point at which the existence of numerous motor vehicles on property may constitute a use inconsistent with zoning and more consistent with maintenance of a public nuisance and eyesore in the particular neighborhood. The purpose of the ordinance from which this section derives is to address these and related concerns and is consistent with the following findings: A. The City Council of the City of Arcadia ( "Council ") has determined that the City has an extensive and widely recognized history and reputation for well -kept properties and that the general welfare of the City is founded, in part, upon the appearance and maintenance of properties. B. The Council has determined that the keeping or maintaining of properties at variance with the level of maintenance of surrounding properties will result in substantial diminution in the enjoyment, use, and aesthetic and property values of such surrounding properties. C. The Council has determined that it is desirous to enhance and promote the maintenance of property and the enhancement of the livability, community appearance, and the social and economic conditions of the community. D. The Council has further determined that the uses and abuses of property as described in this Section reasonably relate to the proper exercise of police power to protect the health, safety and general welfare of the public. E. The Council has determined that the provisions described in this Section will enhance the appearance and value of such properties rather than be a burden on the owners thereof. F. The strong role of aesthetic concerns as justification for exercise of the police power has been reemphasized by the United States Supreme Court in recent cases. G. The maintenance of the numerous motor vehicles on residential property can constitute or contribute to conditions inconsistent with the aforementioned purpose and findings. Enforcement shall be consistent with the purpose and findings set out in this Section. 9250.3.11. MOTOR VEHICLE LIMITATIONS — REQUIREMENTS. A. No more than four (4) motor vehicles shall be parked in the open, that is, in a manner whereby the vehicles are visible from the adjacent public rights -of -way, on any single - family residential lot for more than five (5) consecutive days, unless a Modification has been obtained to allow such use. TA 12 -02 — RV Parking Exhibit A — R -M Zone Page 1 1. The size of the lot; 2. The location of the motor vehicles; �. The use and purpose of such vehicles; these Sections shall not include The term "motor vehicles" as used in registered commercial vehicles which exceed three (3) tons in unladen gross weight; 8. Notwithstanding the above limitations, recreational vehicles (RVs) are subject to the following restrictions: 1. The term "recreational vehicle" or "RV" as used in these Sections shall include motorhomes, buses, campervans, truck campers, popup campers, travel trailers, fifth - wheel trailers, motorcycles, watercraft such as boats and water scooters, and other similar types of vehicles. 2. The parking and storage of recreational vehicles shall be limited to the rear and interior side yard areas, and shall be screened from view from adjacent streets and properties. EXCEPTION: If there is no vehicular access to the side and /or rear yard area(s), a maximum of one (1) recreational vehicle may be parked or stored in the front yard or street side yard areas without screening. 3. Recreational vehicles shall not block the use of the driveway and garage, or be located within any required back -out areas. 4. Recreational vehicles shall be owned by and registered to the residents of the property and the registrations must be current; shall not be used for storage, living, or sleeping while parked on the property, and shall not be connected to utilities for more than 72 hours. EXCEPTION: A Temporary Recreational Vehicle Occupancy Permit may be obtained for guests or family members to occupy a recreational vehicle on the property for a period of not more than one (1) week. An application shall be submitted in writing to the Community Development Division, and requires approval by the Development Services Director or designee. The application shall be submitted with a filing fee in an amount established by resolution of the City Council. Up to two (2) applications may be approved in a calendar year. 5. Recreational vehicles shall not encroach into any public right -of -way. 6. Recreational vehicles shall be parked on an approved paved surface. 7. Motorized recreational vehicles shall be operable. 9250.3.11.1. MOTOR VEHICLE LIMITATIONS — REQUIREMENTS. COMMERCIAL VEHICLES. No commercial vehicles as defined by the California Vehicle Code which exceeds three (3) tons in unladen gross weight shall be parked or left standing from the hour of seven (7) p.m. of any day to seven (7) a.m. of the following day on any part of any property zoned or used for residential purposes. TA 12 -02 — RV Parking Exhibit A — R -M Zone Page 2 TA 12 -02 Exhibit B — R -0 Zone New language is in italics, and strikeouts are for deletions. 9251.2.14.1. MOTOR VEHICLE LIMITATIONS — PURPOSE AND LEGISLATIVE FINDINGS. The purpose of Arcadia Municipal Code Section 9251.2.14.2 is to help maintain appropriate residential appearance and minimize blight in the community. It has been determined that an increasing number of complaints exist with regard to the outdoor storage of large numbers of motor vehicles on single - family residentially zoned property. The City's single- family residential zones are intended to serve primarily as areas in which residential dwellings may be constructed, families housed and activities which are incidental to and typical to residential living may be enjoyed. It is recognized that there is a point at which the existence of numerous motor vehicles on property may constitute a use inconsistent with zoning and more consistent with maintenance of a public nuisance and eyesore in the particular neighborhood. The purpose of the ordinance from which this section derives is to address these and related concerns and is consistent with the following findings: A. The City Council of the City of Arcadia ( "Council') has determined that the City has an extensive and widely recognized history and reputation for well -kept properties and that the general welfare of the City is founded, in part, upon the appearance and maintenance of properties. B. The Council has determined that the keeping or maintaining of properties at variance with the level of maintenance of surrounding properties will result in substantial diminution in the enjoyment, use, and aesthetic and property values of such surrounding properties. C. The Council has determined that it is desirous to enhance and promote the maintenance of property and the enhancement of the livability, community appearance, and the social and economic conditions of the community. D. The Council has further determined that the uses and abuses of property as described in this Section reasonably relate to the proper exercise of police power to protect the health, safety and general welfare of the public. E. The Council has determined that the provisions described in this Section will enhance the appearance and value of such properties rather than be a burden on the owners thereof. F. The strong role of aesthetic concerns as justification for exercise of the police power has been reemphasized by the United States Supreme Court in recent cases. G. The maintenance of the numerous motor vehicles on residential property can constitute or contribute to conditions inconsistent with the aforementioned purpose and findings. Enforcement shall be consistent with the purpose and findings set out in this Section. 9251.2.1442. MOTOR VEHICLE LIMITATIONS — REQUIREMENTS. A. No more than four (4) motor vehicles shall be parked in the open, that is in a manner whereby the vehicles are visible from the adjacent public rights -of -way, on any single - family residential lot for more than five (5) consecutive days. TA 12 -02 — RV Parking Exhibit B — R -0 Zone Page 1 The term "motor vehicles" as used in these Sections shall not include the —following vehicles: trucks one (1) ton or larger, registered commercial vehicles which exceed three (3) tons in unladen gross weight, motorcycles, motorbikes, buses, motorhomes, B. Notwithstanding the above limitations, recreational vehicles (RVs) are subject to the following restrictions: 1. The term "recreational vehicle" or `RV" as used in these Sections shall include motorhomes, buses, campervans, truck campers, popup campers, travel trailers, fifth -wheel trailers, motorcycles, watercraft such as boats and water scooters, and other similar types of vehicles. 2. The parking and storage of recreational vehicles shall be limited to the rear and interior side yard areas, and shall be screened from view from adjacent streets and properties. EXCEPTION: If there is no vehicular access to the side and /or rear yard area(s), a maximum of one (1) recreational vehicle may be parked or stored in the front yard or street side yard areas without screening. 3. Recreational vehicles shall not block the use of the driveway and garage, or be located within any required back -out areas. 4. Recreational vehicles shall be owned by and registered to the residents of the property and the registrations must be current; shall not be used for storage, living, or sleeping while parked on the property, and shall not be connected to utilities for more than 72 hours. EXCEPTION: A Temporary Recreational Vehicle Occupancy Permit may be obtained for guests or family members to occupy a recreational vehicle on the property for a period of not more than one (1) week. An application shall be submitted in writing to the Community Development Division, and requires approval by the Development Services Director or designee. The application shall be submitted with a filing fee in an amount established by resolution of the City Council. Up to two (2) applications may be approved in a calendar year. 5. Recreational vehicles shall not encroach into any public right -of -way. 6. Recreational vehicles shall be parked on an approved paved surface. 7. Motorized recreational vehicles shall be operable. 9251.2.14.23. MOTOR VEHICLE LIMITATIONS — REQUIREMENTS. COMMERCIAL VEHICLES. No commercial vehicles as defined by the California Vehicle Code which exceeds three (3) tons in unladen gross weight shall be parked or left standing from the hour of seven (7) p.m. of any day to seven (7) a.m. of the following day on any part of any property zoned or used for residential purposes. TA 12 -02 — RV Parking Exhibit B — R -0 Zone Page 2 TA 12 -02 Exhibit C — R -1 Zone New language is in italics, and strikeouts are for deletions. 9252.2.13.1. MOTOR VEHICLE LIMITATIONS — PURPOSE AND LEGISLATIVE FINDINGS. The purpose of Arcadia Municipal Code Section 9252.2.13.2 is to help maintain appropriate residential appearance and minimize blight in the community. It has been determined that an increasing number of complaints exist with regard to the outdoor storage of large numbers of motor vehicles on single - family residentially zoned property. The City's single- family residential zones are intended to serve primarily as areas in which residential dwellings may be constructed, families housed and activities which are incidental to and typical to residential living may be enjoyed. It is recognized that there is a point at which the existence of numerous motor vehicles on property may constitute a use inconsistent with zoning and more consistent with maintenance of a public nuisance and eyesore in the particular neighborhood. The purpose of the ordinance from which this section derives is to address these and related concerns and is consistent with the following findings: A. The City Council of the City of Arcadia ( "Council') has determined that the City has an extensive and widely recognized history and reputation for well -kept properties and that the general welfare of the City is founded, in part, upon the appearance and maintenance of properties. B. The Council has determined that the keeping or maintaining of properties at variance with the level of maintenance of surrounding properties will result in substantial diminution in the enjoyment, use, and aesthetic and property values of such surrounding properties. C. The Council has determined that it is desirous to enhance and promote the maintenance of property and the enhancement of the livability, community appearance, and the social and economic conditions of the community. D. The Council has further determined that the uses and abuses of property as described in this Section reasonably relate to the proper exercise of police power to protect the health, safety and general welfare of the public. E. The Council has determined that the provisions described in this Section will enhance the appearance and value of such properties rather than be a burden on the owners thereof. F. The strong role of aesthetic concerns as justification for exercise of the police power has been reemphasized by the United States Supreme Court in recent cases. G. The maintenance of the numerous motor vehicles on residential property can constitute or contribute to conditions inconsistent with the aforementioned purpose and findings. Enforcement shall be consistent with the purpose and findings set out in this Section. 9252.2.13.42. MOTOR VEHICLE LIMITATIONS — REQUIREMENTS. A. No more than four (4) motor vehicles shall be parked in the open, that is in a manner whereby the vehicles are visible from the adjacent public rights -of -way, on any single - family residential lot for more than five (5) consecutive days. TA 12 -02 — RV Parking Exhibit C — R -1 Zone Page 1 The term "motor vehicles" as used in these Sections shall not include - • _ - _ _ _ _ _ _ - , registered commercial vehicles which exceed three (3) tons in unladen gross weight, motorcycles, motorbikcs, buses, motorhomes, recreational vehicles, trailers, boats and housecar: . B. Notwithstanding the above limitations, recreational vehicles (RVs) are subject to the following restrictions: 1. The term "recreational vehicle" or "RV" as used in these Sections shall include motorhomes, buses, campervans, truck campers, popup campers, travel trailers, fifth -wheel trailers, motorcycles, watercraft such as boats and water scooters, and other similar types of vehicles. 2. The parking and storage of recreational vehicles shall be limited to the rear and interior side yard areas, and shall be screened from view from adjacent streets and properties. EXCEPTION: If there is no vehicular access to the side and /or rear yard area(s), a maximum of one (1) recreational vehicle may be parked or stored in the front yard or street side yard areas without screening. 3. Recreational vehicles shall not block the use of the driveway and garage, or be located within any required back -out areas. 4. Recreational vehicles shall be owned by and registered to the residents of the property and the registrations must be current; shall not be used for storage, living, or sleeping while parked on the property, and shall not be connected to utilities for more than 72 hours. EXCEPTION: A Temporary Recreational Vehicle Occupancy Permit may be obtained for guests or family members to occupy a recreational vehicle on the property for a period of not more than one (1) week. An application shall be submitted in writing to the Community Development Division, and requires approval by the Development Services Director or designee. The application shall be submitted with a filing fee in an amount established by resolution of the City Council. Up to two (2) applications may be approved in a calendar year. 5. Recreational vehicles shall not encroach into any public right -of -way. 6. Recreational vehicles shall be parked on an approved paved surface. 7. Motorized recreational vehicles shall be operable. 9252.2.13.23. MOTOR VEHICLE LIMITATIONS — REQUIREMENTS. COMMERCIAL VEHICLES. No commercial vehicles as defined by the California Vehicle Code which exceeds three (3) tons in unladen gross weight shall be parked or left standing from the hour of seven (7) p.m. of any day to seven (7) a.m. of the following day on any part of any property zoned or used for residential purposes. TA 12 -02 — RV Parking Exhibit C — R -1 Zone Page 2 CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Text Amendment No. TA 12 -02 2. Project Location — Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): All R -M, R -O, and R -1 single - family zoned properties 3. Entity or person undertaking project: A. City of Arcadia - Development Services Department, 240 W. Huntington Drive, Arcadia, CA 91007 B. Other (Private) (1) Name (2) Address 4. Staff Determination: The Lead Agency's Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA. b. ❑ The project is a Ministerial Project. c. ❑ The project is an Emergency Project. d. ❑ The project constitutes a feasibility or planning study. e. EA The project is categorically exempt. Applicable Exemption Class: j 05 - minor alterations in land use limitations f. ❑ The project is statutorily exempt. Applicable Exemption: g• ❑ The project is otherwise exempt 1 on the following basis: h. ❑ The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: May 10, 2012 Preliminary Exemption Assessment\2011 Staff: Thomas Li, Associate Planner FORM "A"