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Home My WebLink AboutAgenda: Study Session Item a: Motor Vehicle Parking and Storage Regulations.147-119 0 ETA 151 _* .. 1 $ TO: Honorable Mayor and City Council F Jason Kruckeberg, Assistant City Manager /Development Services Director`:Z By: Jim Kasama, Community Development Administrator Prepared by: Thomas Li, Associate Planner SUBJECT: •' REPORT, • AND • REGULATIONS REGARDING MOTOR VEHICLE PARKING AND STORAGE INCLUDING RECREATIONAL VEHICLES _ • • f •.. • • •: • • . At the August 7 and September 4, 2012, City Council meetings, public hearings were held to consider a proposed ordinance to amend the Arcadia Municipal Code with regards to motor vehicle parking and storage regulations in single - family residential zones, including recreational vehicles (RVs). At the September 4 meeting, the City Council decided that there was a lack of consensus on too many aspects of the proposed ordinance, and that more information was needed on key points of the subject. The City Council directed staff to schedule a study session on the matter to explore the basis for the ordinance and discuss elements that are desired if an ordinance is to be prepared. lagsixel .::. At the January 17, 2012, City Council Meeting, the City Council requested a report on the City's parking regulations for the single - family zones and how they are applied, interpreted and enforced. At the March 6, 2012, City Council meeting, the City's current parking regulations for single - family residential zones were presented. In addition, the recreational vehicle (RV) parking restrictions of several neighboring cities were reviewed. The Council directed staff to develop a proposal to amend the parking regulations for RVs to address the visual impacts that such vehicles impose on neighborhoods. Study Session — RV and Front Yard Parking Regulations November 20, 2012 Page 2 of 5 The Planning Commission considered the proposed regulations at four meetings. Two open discussions were held at the March 27, 2012, and April 24, 2012, Planning Commission meetings. These were followed by a noticed public hearing that was held during the Planning Commission's May 22, 2012, and June 26, 2012, meetings. At the conclusion of the public hearing, the Planning Commission voted four to zero with one Commissioner absent to recommend approval to the City Council of the proposed regulations, which would have prohibited RV parking in front yard areas. At the August 7, 2012, City Council meeting, a public hearing was opened to consider the proposed regulations in the form of Ordinance No. 2300. Approximately 30 residents addressed the City Council, and the overwhelming sentiment was that RVs should be allowed to be parked/stored at their homes, and in the front yard. The City Council directed staff to revise the proposed regulations to add a provision to allow RVs to be stored in front yards if there is no access to a side or rear yard area, and voted four to zero with one Council Member absent to continue the public hearing to the September 4, 2012, meeting for consideration of the revised regulations. The revised Ordinance No. 2300 (attached) was presented at the September 4, 2012, City Council meeting. The September 4, 2012, staff report is also attached. After hearing additional testimony from 14 residents (most of whom spoke at the previous meeting), and discussing the proposed Ordinance, the City Council decided that there was a lack of consensus among the Council Members on too many aspects of the proposed Ordinance. The City Council directed staff to schedule a study session on the matter. No action was taken on the proposed ordinance. I'll R-1911mli 0 The City Council asked to "start from scratch" on the consideration of regulations for parking and storage of vehicles, including RVs. As such, this study session is structured as a series of questions on the subject, the answers to which will provide a framework for crafting a new ordinance, if necessary. The questions posed below represent talking points, and include the issues that were discussed in the public hearings of August 7 and September 4. The last two questions relate to parking requirements in general while the remainder focus on RVs. 1) Are regulations for the parking and storing of recreational vehicles (RVs) on private property needed? The seminal question for this study session is whether rules and regulations are needed at all on this subject. Development Services Department staff does receive complaints and comments from time to time from neighbors who feel that RV parking in front yards is an "eyes6re" and detracts from the Study Session — RV and Front Yard Parking Regulations November 20, 2012 Page 3 of 5 enjoyment of their properties. If it is determined that the current situation is not problematic or a substantial impact on the community, additional RV- related regulations are not needed. 2) If RV's are to be regulated, how many vehicles should be allowed to be parked in front yards, where can they be parked, and should they be scree-fied? At the August 7 meeting, the City Council determined that RVs should not be completely prohibited in the front yard. The resulting draft ordinance recommended that RVs must be screened by either a permitted fence or wall, or behind landscaping at least 6 feet in height. An exception was provided that would allow one (1) RV to be parked in the front or street yard areas without screening. 3) For parking in front yards • where visible from the street, should all types of RVs be regulated (e.g. boats, trailers, motorcycles, jet skis, campers, etc.) or should it depend on the size of the RV? The proposed ordinance did not differentiate the type and/or size of the RV but most of the discussion hinged on large RVs (e.g. over 30 feet in length). 4) If RV's are allowed to be parked in front • street side yards, should there be a restriction • blocking garage access and required back-out areas? This restriction was included in the draft ordinance. The City's policy is that garages should be used for parking cars. If an RV is parked year-round blocking a garage door, clearly the garage is not being used for parking. 5) If RV's are allowed to be parked in front or street side yards, should there be a minimum distance required from the RV to the right-of-way, or • neighboring property lines or homes? There is no setback required to a vehicle or RV from either the public right- of-way or a neighboring property. In terms of the right-of-way, a setback may be desirable from a safety standpoint for situations where a RV is parked within a vision clearance area and is restricting views to the right-of-way. Of course, this is not limited to RVs and can be extended to passenger vehicles as well. Setbacks from adjacent property lines or buildings could also be considered. 6) Should RVs be owned by and registered to the residents of the property • which they are parked? Study Session — RV and Front Yard Parking Regulations November 20, 2012 Page 4 of 5 Should the rights of parking a RV extend b- • • the property owner? This is a p • decision on • • ual should be able to park . RV on property • owned or -1 by Should temporary living in an r' • guests, • • ; allowed, or should there be specific periods of allowed? What times of year and for how long and how often? The draft September 4 ordinance recommended that there be temporary allowances (a total of two weeks in a calendar year) for guests or family members to stay in a RV. 8) How should an ordinance be enforced? - • to •• The draft September 4 ordinance suggested a permit system only for guest parking; otherwise, reactionary enforcement. 9) Should regulations be revised to focus on inoperable vehicles or should we rely on existing property maintenance regulations. The City's current regulations on parking of any kind of vehicles in the front or corner yards (no more than four (4) motor vehicles may be parked without moving for more than five (5) consecutive days) is poorly written and should to be revised. With regard to parking of vehicles in the front yard, the focus should not be in the number of vehicles but the idea of vehicle "storage ". For our purposes, "storage" means vehicles that are not operable and /or not used and are sitting on the driveway for extended periods. The City already has property maintenance regulations that address this issue, but it could be re- stated in a new ordinance for clarity. Should our existing regulations be revised to focus on inoperable vehicles or should we simply rely on property maintenance regulations? commercial 10) Should the definition of "Commercial Vehicle" be modified and should - -. from overnight parking? The current Municipal Code restrictions on commercial vehicles are antiquated and not consistent with the California Vehicle Code. Under the City's current regulations, a commercial vehicle is defined as a vehicle that "exceeds three (3) tons in unladen weight ". This limitation is out of date in that the Vehicle Code now states a gross vehicle weight of 10,000 pounds as a limit for commercial vehicles. Should the definition of commercial vehicle be cleaned up in the Municipal Code and should vehicles that meet this definition be restricted from being parked overnight in residential areas? Study Session — RV and Front Yard Parking Regulations November 20, 2012 Page 5 of 5 I■ --D�'omin�icLaz�zare �6�� City Manager Attachments Ordinance No. 2300 as presented on September 4, 2012 September 4, 2012 Staff Report � ' � � 1 � ,. • A. The City Council of the City of Arcadia ("Council") has determined that ttraq City has an extensive and widely recognized history and reputation for well-kep) �roperties 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 M- M�� pill In am 7 = 4 ff sTrOT11I described in this Section reasonably relate to the proper exercise of police power 4 F. The strong role of aesthetic concerns as justification for exercise of thaw i,olice power has been reemphasized by the United States Supreme Court in recent G. The Arcadia Municipal Code has not restricted where, and under what conditions, recreational and other vehicles may be parked on residential property; ars 2 2300 Exhibit A regulating where, and under what conditions, recreational and other vehicles may be 'I �1111R I I I III! I IN! I � I I I 1 111 1 1 r 1 11 11 111111 1111�� lZOVENSURM H. It is the intent of the following regulations to establish locations, standards piiil�il pljji 11 findings. Enforcement shall be consistent with the purpose and findings set out in this WV11W A. Motor vehicles stored or parked in a manner whereby such vehicles are --notorhomes, buses, campervans, truck campers, popup,campers, travel trailers, fifth- 3 2300 Exhibit A 11111MI, nm�� -1,11' 1-, ilffirw 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. NIMM M MIMIRIN Iff"I MIT • 6-4,6 • Ill !Y• 11111 • 11111 11 � =!Mrojfffly�� EXCEPTION: A Temporary Recreational Vehicle Occupancy Pen-nit may be 4 2300 Exhibit A W , - MEMO IT' 1111 Z • 117111711=11131�1�� BRIUM MOM iijlI� Il l l I I i� 11111WOMRM Chapter 2 of Article IX of the Arcadia Municipal Code are hereby amended to read in their entirety as follows: The purpose • Arcadia Municipal Code Section 9251.2.14.2 is to help maintain 5 2300 Exhibit A lipill IP111 r City has an extensive and widely recognized history and reputation for well-kep-1 -Alroperties and that the general welfare of the City is founded, in part, upon the 1111111 I!JJ11 I;J I'll 111111 ill 115WIT, Mill MRS711IM11111M R 111RIMIMMINVIII 111 11 ilill! Jill 1 1 11111111! r I MOUZ�El�!Iliiiliil I I I ir 9 =*= and the social and economic conditions of the community. D. The Council has further determined that the uses and abuses of property as protect the health, safety and general welfare of the public. =-, INIMMIFERIMMIM I I I � 11 1 1 111 1 - - 40 F. The strong role of aesthetic concerns as justification for exercise of the 1W �- 6 2300 Exhibit A ZIUM Me_ IfIffa I The maintenance of numerous motor vehicles on residential property car findings. Enforcement shall be consistent with the purpose and findings set out in this A. Motor vehicles stored or parked in a manner whereby such vehicles are •- nt F07 1 TOT*ITM- I ljpj�111;111 1. The term "recreational vehicle" or "RV as used in this Title 2 shall include I lllllll��11111111111!111 11,111 wheel trailers, watercraft such as boats and water scooters, and other similar types of I MAW-M 7 2300 Exhibit A 2. The parking and storage of recreational vehicles shall be limited to the rear 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 1 11 i!1!!y1i IT-11T.M. MWITTIM 4. Recreational vehicles shall be owned by and registered to the owner or EXCEPTION: A Temporary Recreational Vehicle Occupancy Permit may be 8 2300 Exhibit A roz•� AVIONY41,19 7. Parked or stored recreational vehicles shall be operable." their entirety as follows: LEGISLATIVE FINDINGS. 11 , 1� �;IJJI;IIIIIII IIIIIIIIIII11pI IM11,111,1111111 I I III ii; � MT41 Rol Mr. qW, I I I ]1024�1111111 11111M.-O 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 A. The City Council of the City of Arcadia ("Council") has determined that t1l 11,113 1117,11-111111111-:3701111M 3*1��# 9 2300 Exhibit A properties and that the general welfare • the City is founded, in part, upon ft diminution in the enjoyment, use, and aesthetic and property values of such surrounding 0.3#= maintenance of property and the enhancement of the livability, community appearandl-- �escribed 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. strong role of aesthetic concerns as justification for exercise of the police power has been reemphasized • the United States Supreme Court in recent G. The Arcadia Municipal Code has not restricted where, and under what conditions, recreational and other vehicles may be parked on residential property; an4l regulating where, and under what conditions, recreational and other vehicles may 11 parked • residential property serves to protect the health, safety, and general welfa I rOH[G=6 ISIR 10 2300 Exhibit A The maintenance of numerous motor vehicles on residential property can constitute • contribute to conditions inconsistent with the aforementioned purpose and 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. RINI 1. The term "recreational vehicle" or "RV as used in this Title 2 shall include � M lllllllp�lrlqlllll [��lllllllljlll 03�=IMI-Tfflre MI, l I I l i 11111111 1 1 1 111 , $ I - #I 2300 Exhibit A rights-of-way and properties, The term "screened" or "screening" as used in this —1 itle.'_i shall mean parked behind a permitted fence or wall, or behind dense landscaping at least six (6) feet in height. . IN! 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 froUl yard or street-side yard area without screeninla 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. ' JEXCEPTION: A Temporary Recreational Vehicle Occupancy Permit may be 5. Parked or stored recreational vehicles shall Pot encroach into any public Z.33= 12 2300 Exhibit A 7. Parked or stored recreational vehicles shall be operable." SECTION 4. The provisions of this Ordinance shall take effect November 17, §M City Clerk 022M MW pher�P. Deitsch City Aftorney Mayor of the City of Arcadia 13 2300 Exhibit A BUWM� 1072 %A AIIIIIIIIIIIIIII 111111111114TIMS =11 a *3 M � E FKA RINTEMUNW40 Mj 0 At the August 7, 2012, City Council meeting, a public hearing was held for the consideration of a Text Amendment and Ordinance to amend the Arcadia Municipal Code with regards to the parking and storage regulations in the single-family residential zones for motor vehicles and recreational vehicles. In response to the testimony from interested citizens, the City Council's directive was to revise the proposed regulations to address the concerns presented during the public hearing, and the matter was continued to the September 4, 2012, meeting. The proposed Text Amendment and Ordinance have been revised, and the recommended action is to approve Text Amendment No. TA 12-02 and introduce the attached Ordinance No. 2300 (Exhibit A). WM At the March 6, 2012, City Council meeting, the Council directed staff to develop a proposal for amending the parking regulations for recreational vehicles (RVs) in the single-family residential zones to address the visual impacts that these vehicles can __ -� - •- � .,ice i :! • i ,. • i _ • • i � e - i 1 " - - • . i' •� •. • • •• i � _ 1, _ • _ _ -• • ' • - . • _ _. _ - .. � • • •� i.. -t � i- •.;. "'• •._fir: •• � � _,- i .• • • .i• • i • • i � • •^ • ^• � r i - � � • .:f.�^ ! - ••�� 'i a,: - • •' •1.... i �.. - •iii �• � •' .,° ^.'. — i.i ,./f.. i! .. ...` - •'. i • iii ^• -i .: i Text Amendment No. TA 12-02 — Continued Ordinance No. 2300 — RV Regulations September 4, 2012 — Page 3 of 5 An Exception to regulation no. B.2 has been added to allow an RV to be parked or stored in a front or street-side yard area, if there is no adequate access to an interior side yard or rear yard area. Also, language has been added to regulation no. B.2 to explain that "screening" does not mean that the RV is not visible. Rather, the screening is to ensure that the RV is beyond the front or street-side yard area, and that there is some barrier between the RV and an adjacent property. There is also the 60-day grace period recommended by the Planning Commission, which is the last item of the proposed Ordinance No, 2300. The date on which the provisions of the Ordinance will take effect has been adjusted accordingly based on the Ordinance being introduced on September 4, 2012, and then being adopted at the September 18, 2012, City Council meeting. Lastly, in consultation with the City Attorney, numerous other minor changes have been made to the proposed regulations to clarify the language. For instance, Paragraph A is proposed to be amended to address the requirement that vehicles parked or stored at single-family residential properties must be operable. And, rather than have a separate Section to address large commercial vehicles, those restrictions have been incorporated into Paragraph A. The revised regulations are as follows, with deletions shown with a -11A-TWe*1f,-W4 t-k, and additions in bold Italics: Text Amendment No. TA 12-02 — Continuei Ordinance No. 2300 — RV Regulations September Page 4 of EXCEPTION: A Temporary Recreational Vehicle Occupancy Permit may be obtained from the City for guests of or family members related to the owner or renter 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. stored 5. Parked or -a surface public right-of-way. 6. Recreational vehicles shall be parked or stored on a n-appfGve4 paved approved by the City. Text Amendment No. TA 12-02 — Continued Ordinance No. 2300 — RV Regulations September 4, 2012 — Page 5 of 5 It is recommended that the City Council approve Text Amendment No. TA 12-02, and introduce the attached Ordinance No. 2300 (Exhibit A): FTATO-701 # 4 - - ----------- Dominic Lazzare o City Manager Attachments Exhibit A — Ordinance No. 2300 Exhibit B — August 7, 2012 Staff Report (without attachments) Exhibit C — Draft Ordinance by Mr. Andreen Exhibit D — Correspondence Received Since the August 7, 2012, Meeting