Loading...
HomeMy WebLinkAbout2300ORDINANCE NO. 2300 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING VARIOUS SECTIONS OF ARTICLE IX (DIVISION AND USE OF LAND) CHAPTER 2 (ZONING REGULATIONS) OF THE ARCADIA MUNICIPAL CODE REGARDING THE PARKING AND STORAGE REGULATIONS IN THE SINGLE - FAMILY RESIDENTIAL ZONES FOR MOTOR VEHICLES, INCLUDING RECREATIONAL VEHICLES (RVS) THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN ASS FOLLOWS: SECTION\1. Sections 9250.3.10 and 9250.3.11 of Title 3, Division 0, Part 5, Chapter 2 of Article I of t Arcadia Municipal Code are hereby amended to read in their entirety as follows: a "9250.3.10. MOTOR V %Municipa ATIONS — PURPOSE AND LEGISLATIVE FINDINGS. The purpose of Arcadie Section 92 50.3.11 is to help maintain appropriate residential appearance and minim�blight in the community. It has been determined that an increasing number of complairlto,ex)kt with regard to the outdoor storage of large numbers of motor vehicles on single- famN residentially zoned property. The City's single - family residential zones are intended to s e primarily as areas in which residential dwellings may be constructed, families housed a activities which are incidental to and typical for residential living may be enjoyed. It is recd nized that there is a point at which the existence of numerous motor vehicles on property m constitute a use inconsistent with zoning, and more consistent with maintenance of public nuisance and eyesore in the particular neighborhood. The purpose of Se on 9250.3.11 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 and set forth in Section 9250.3.11 will enhance the appearance and value of such properties rather than be a burden on the owners and users 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 Arcadia Municipal Code has not restricted where, and under what conditions, recreational and other vehicles may be parked on residential property; and 2 regulating where, and under what conditions, recreational and other vehicles may be parked on residential property serves to protect the health, safety, and general welfare of the public. H. It is the intent of the following regulations to establish locations, standards and regulations for the parking, use and maintenance of recreational and other vehicles on residential property, to restrict property owners and users from taking actions detrimental to the public health, safety and welfare of their neighborhoods, and to enhance the appearance of the City. I. The maintenance of 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. Motor vehicles stored or parked in a manner whereby such vehicles are visible from an adjacent public right -of -way, on any property zoned or used for residential purposes shall be operable. Commercial vehicles as defined by the California Vehicle Code which exceed three (3) tons in unladen gross weight shall not be stored, parked, or left standing between the hours of seven (7) p.m. of any day to seven (7) a.m. the following day on any part of any property zoned or used for residential purposes. B. Recreational vehicles (RVs) are subject to the following restrictions: 1. The term "recreational vehicle" or "RV" as used in this Title 3 shall include motorhomes, buses, campervans, truck campers, popup,campers, travel trailers, fifth- 3 wheel trailers, 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 public rights -of -way and properties. The term "screened" or "screening" as used in this Title 3 shall mean parked behind a permitted fence or wall, or behind dense landscaping at least six (6) feet in height. EXCEPTION: If there is no adequate access to the interior side and /or rear yard area(s) as reasonably determined by the Development Services Director or designee, a maximum of one (1) recreational vehicle on a lot may be parked or stored in the front yard or street -side yard area 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 owner or lessee of the property and such registration must be current; shall not be used for storage, living, or sleeping while parked or stored on the property; and shall not be connected to utilities for more than 72 hours for the purposes of battery charging, trip loading or unloading, or maintenance and repairs. EXCEPTION: A Temporary Recreational Vehicle Occupancy Permit may be obtained from the City for guests of or family members related to the owner or lessee of the property to occupy a recreational vehicle on the property for a period of not more than one (1) week. Ar application shall be submitted in writing to the Community Development Division of the City, and requires approval, by the Development Services Director or designee. The application shall be submitted with a filing fee in an amount 4 established by resolution of the City Council. Up to two (2) applications with respect to a lot may be approved in a calendar year, 5. Parked or stored recreational vehicles shall not encroach into any public right -of -way. 6. Recreational vehicles shall be parked or stored on a paved surface approved by the City. 7. Parked or stored recreational vehicles shall be operable." SECTION 2. Sections 9251.2.14.1 and 9251.2.14.2 of Title 2, Division 1, Part 5, Chapter 2 of Article IX of the Arcadia Municipal Code are hereby amended to read in their entirety as follows: "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 for 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 Section 9251.2.14.2 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 and set forth in Section 9251.2.14.2 will enhance the appearance and value of such properties rather than be a burden on the owners and users 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 Arcadia Municipal Code has not restricted where, and under what conditions, recreational and other vehicles may be parked on residential property; and regulating where, and under what conditions, recreational and other vehicles- may be 9 parked on residential property serves to protect the health, safety, and general welfare of the public. H. It is the intent of the following regulations to establish locations, standards and regulations for the parking, use and maintenance of recreational and other vehicles on residential property, to restrict property owners and users from taking actions detrimental to the public health, safety and welfare of their neighborhoods, and to enhance the appearance of the City. I. The maintenance of 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. 9251.2.14.2. MOTOR VEHICLE LIMITATIONS — REQUIREMENTS. A. Motor vehicles stored or parked in a manner whereby such vehicles are visible from an adjacent public right -of -way, on any property zoned or used for residential purposes shall be operable. Commercial vehicles as defined by the California Vehicle Code which exceed three (3) tons in unladen gross weight shall not be stored, parked, or left standing between the hours of seven (7) p.m. of any day to seven (7) a.m. the following day on any part of any property zoned or used for residential purposes. B. Recreational vehicles (RVs) are subject to the following restrictions: 1. The term "recreational vehicle" or "RV" as used in this Title 2 shall include motorhomes, buses, campervans, truck campers, popup campers, travel trailers, fifth - wheel trailers, watercraft such as boats and water scooters, and other similar types of vehicles. 7 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 public rights -of -way and properties. The term "screened" or "screening" as used in this Title 2 shall mean parked behind a permitted fence or wall, or behind dense landscaping at least six (6) feet in height. EXCEPTION: If there is no adequate access to the interior side and /or rear yard area(s) as reasonably determined by the Development Services Director or designee, a maximum of one (1) recreational vehicle on a lot may be parked or stored in the front yard or street -side yard area 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 owner or lessee of the property and such registration must be current; shall not be used for storage, living, or sleeping while parked or stored on the property; and shall not be connected to utilities for more than 72 hours for the purposes of battery charging, trip loading or unloading, or maintenance and repairs. EXCEPTION: A Temporary Recreational Vehicle Occupancy Permit may be obtained from the City for guests of or family members related to the owner or lessee of the property 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 of the City, 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 with respect to a lot may be approved in a calendar year. LZ 5. Parked or stored recreational vehicles shall not encroach into any public right -of -way. 6. Recreational vehicles shall be parked or stored on a paved surface approved by the City. 7. Parked or stored recreational vehicles shall be operable." SECTION 3. Sections 9252.2.13.1 and 9252.2.13.2 of Title 2, Division 2, Part 5, Chapter 2 of Article IX of the Arcadia Municipal Code are hereby amended to read in their entirety as follows: "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 for 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 Section 9252.2.13.2 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 9 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 and set forth in Section 9252.2.13.2 will enhance the appearance and value of such properties rather than be a burden on the owners and users 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 Arcadia Municipal Code has not restricted where, and under what conditions, recreational and other vehicles may be parked on residential property; and regulating where, and under what conditions, recreational and other vehicles may be parked on residential property serves to protect the health, safety, and general welfare of the public. 10 H. It is the intent of the following regulations to establish locations, standards and regulations for the parking, use and maintenance of recreational and other vehicles on residential property, to restrict property owners and users from taking actions detrimental to the public health, safety and welfare of their neighborhoods, and to enhance the appearance of the City. I. The maintenance of 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. 9252.2.13.2. MOTOR VEHICLE LIMITATIONS — REQUIREMENTS. A. Motor vehicles stored or parked in a manner whereby such vehicles are visible from an adjacent public right -of -way, on any property zoned or used for residential purposes shall be operable. Commercial vehicles as defined by the California Vehicle Code which exceed three (3) tons in unladen gross weight shall not be stored, parked, or left standing between the hours of seven (7) p.m. of any day to seven (7) a.m. the following day on any part of any property zoned or used for residential purposes. B. Recreational vehicles (RVs) are subject to the following restrictions: 1. The term "recreational vehicle" or "RV" as used in this Title 2 shall include motorhomes, buses, campervans, truck campers, popup campers, travel trailers, fifth - wheel trailers, 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 public 11 rights -of -way and properties. The term "screened" or "screening" as used in this Title 2 shall mean parked behind a permitted fence or wall, or behind dense landscaping at least six (6) feet in height. EXCEPTION: If there is no adequate access to the interior side and /or rear yard area(s) as reasonably determined by the Development Services Director or designee, a maximum of one (1) recreational vehicle on a lot may be parked or stored in the front yard or street -side yard area 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 owner or lessee of the property and such registration must be current; shall not be used for storage, living, or sleeping while parked or stored on the property; and shall not be connected to utilities for more than 72 hours for the purposes of battery charging, trip loading or unloading, or maintenance and repairs. EXCEPTION: A Temporary Recreational Vehicle Occupancy Permit may be obtained from the City for guests of or family members related to the owner or lessee of the property 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 of the City, 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 with respect to a lot may be approved in a calendar year. 5. Parked or stored recreational vehicles shall not encroach into any public right -of -way. 12 6. Recreational vehicles shall be parked or stored on a paved surface approved by the City. 2012. 7. Parked or stored recreational vehicles shall be operable." SECTION 4. The provisions of this Ordinance shall take effect November 17, SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published at least once in the official newspaper of said City within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty -first (31st) day after its adoption. Passed, approved and adopted this day of 2012. ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 13 Mayor of the City of Arcadia