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HomeMy WebLinkAbout98-16 CC OrdinanceORDINANCE NO. 98-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA AMENDING PORTIONS OF SECTION 17.24.020.D OF THE TEMECULA DEVELOPMENT CODE PERTAINING TO ON-SITE STORAGE IN VEHICLES IN RESIDENTIAL ZONES THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Findin.cls. That the Temecula City Council hereby makes the following findings: A. That Section 65800 of the Govemment Code provides for the adoption and administration of zoning laws, ordinances, rules, and regulations by dties to implement such general plan as may be in effect in any such city; B. That there is a need to amend the Development Code to protect the public health, safety and welfare; and C. The City Council recognizes that certain areas of the City have historically been subject to restrictions on the parking of recreational vehicles on residential property through private covenants, conditions and restrictions ("CC & R's") and in adopting this Ordinance, and specifically §17.24.020.D. 1 .g., the Council intends to establish City recreational vehicle parking restrictions in areas which have been restricted by private C C & R's and to exempt areas which have not been subject to such historical restrictions; and ordinances. That this Ordinance complies with all applicable requirements of State law and local Section 2. Section 17.24.020.D. 1 through 17.24.020.D.6 of the Development Code is amended to read as follows: D. Location of Parking and Loading Facilities. 1. Parking-Residential Uses. The parking of vehicles in all residential districts shall be subject to the provisions listed below. Vehicles, as used in this subsection D shall include, but not be limited to, commercial vehicles, recreational vehicles, including those defined in Section 18010 of the California Health and Safety Code, trucks, trailers, motor trucks, semi-trailers, campers, camper shells, boats or other large portable recreational and commercial equipment, other non- motorized vehicles, regardless of length or width that are detached from a motor vehicle, automobiles, motorcycles, mopeds and any similar item. Parking shall be defined as the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers as described below (d). Storage shall be defined to mean to place or leave in a location for later use. a. The design guidelines and regulations for parking areas shall conform to the provisions herein of the development code. b. Vehicle parking shall be within the enclosed garage, carport or other required or authorized off-street paved parking area. R:ords~98-16 1 c. All parking areas within public view from the street, public dght-of-way or adjacent properties shall be paved with an impermeable hardened surface capable of supporting the weight of the vehicle. Such area shall be maintained in a usable condition free of potholes and broken sections sufficient to prevent mud and/or dust, without accumulation of loose matedal or other deterioration. d. Except as provided for in Section F below, commercial vehicles, recreational vehicles including those defined in Section 18010 of the California Health and Safety Code, trucks, trailers, motor trucks, semi-trailers, campers, camper shells, boats or other large portable recreational and commercial equipment, other non-motodzed vehicles, regardless of length or width that are detached from a motor vehicle may be parked or stored in the side or rear yard; provided, that such area is screened from view from the street, public right-of-way and adjacent properties by a fence, wall, or equivalent screening material at least five feet in height. e. Vehicles parking within side and rear yard areas shall be limited to five percent of the total lot area or five hundred square feet, whichever is greater. f. Except as provided Herein, recreational vehicles including those defined in Section 18010 of the California Health and Safety Code, trucks, trailers, motor trucks, semi-trailers, campers, camper shells, boats or other large portable recreational and commercial equipment, other non-motodzed vehicles, regardless of length or width that are detached from a motor vehicle temporarily parked within public view within the Actual Front Yard, unscreened comer side yard or unscreened side yard abutting a street may be parked or left standing for periods of time not to exceed three (3) consecutive days for loading and unloading the vehicle. No vehicle parking or storage shall be allowed in the Actual Front Yard. g. Recreational vehicles, including those defined in Section 18010 of the Califomia Health and Safety Code, campers, camper shells, boats or other large portable recreation equipment which are parked or stored on properties within Area A of the City shall not be subject to the parking restrictions of subsections D.l.d. through D.l.f. of this Section, provided that if such vehicles are parked or stored in the Actual Front Yard, the vehicle shall be parked or stored on the designated and improved ddveway portion of the Actual Front Yard. For the purposes of this subsection "Area A of the City" shall mean those properties within the City which were not subject to private covenants, conditions and restrictions (CC & R's), as of August 25, 1998, which in any way, prohibited or restricted the parking or storage of recreational vehicles on the property whether or not the CC & R's provide for a homeowners association. The City Manager is hereby authorized and directed to prepare a list and map of the properties within Area A and to maintain said list and map. Nothing in this Subsection (g.) shall be construed so as to require or authorize the City to enforce private CC & R's in Area A. h. Recreation vehicles, including those defined in Section 18010 of the California Health and Safety Code, campers, camper shells, boats or other large portable recreation equipment which are parked or stored on occupied residential lots of one half (1/2) acre or larger shall not be subject to the parking restrictions of subsections D. 1 .d. through D. 1 .f. of this Section. i. No commercial vehicles which exceeds a gross weight of one and one-half tons, a width of eighty inches, a height of seven feet or a length of twenty-five feet; shall be parked on any portion of a residential lot unless: It is actively involved in making pickups and deliveries; R:ords~98-16 2 ii. It is in connection with, and in aid to, the performance of a service to, or on, the property where the vehicle is parked, while actively involved in such activity; or iii. It is in conformance with the conditions of approval for a valid home occupation permit as provided in Section 17.04.030 of the Development Code. j. Guest Parking Spaces. Required guest parking spaces in residential areas shall be designated as such with signage and restricted to the use by guests. infraction. Violation of any provision of this subsection shall be punishable as an I. In addition to the residential parking requirements, one off-street parking space shall be provided for each guest room of a bed and breakfast. Tandem parking shall be permitted. Guest parking shall not be permitted in required setback areas. m. A maximum of 2 commercial vehicles, recreational vehicles including those defined in Section 18010 of the California Health and Safety Code, trucks, trailers, motor trucks, semi-trailers, campers, camper shells, boats or other large portable recreational and commercial equipment, other non-motorized vehicles, regardless of length or width that are detached from a motor vehicle may be parked or stored on the side or rear yard of a parcel of land at any one time. 2. Recreational Vehicle Storage Yard. Only the parking and storage of recreational vehicles in proximity to residential users shall be permitted on lots of .5 acres or more unless part of a master planned development, subject to approval of a conditional use permit. a. All storage activities shall be screened from public view by a combination of block or masonry wall, berming, dense landscaping or building mass. b. Retail or wholesale activity, commercial dismantling, repair or storage wrecking activities or the storage of junk or salvage materials or dismantled parts are not permitted. 3. Vehicles and Equipment Repair and Storage of Vehicles and Equipment under Repair. The following provisions shall apply to any commercial vehicles, recreational vehicles including those defined in Section 18010 of the Califomia Health and Safety Code, trucks, trailers, motor trucks, semi-trailers, campers, camper shells, boats or other large portable recreational and commercial equipment, other non-motodzed vehicles, regardless of length or width that are detached from a motor vehicle, in all residential districts, and to all sites in any other district used for residential occupancy: a. Servicing, repairing, assembling, disassembling, wrecking, modifying, restoring, or otherwise working on any of the above conveyances shall be prohibited unless conducted within a garage or accessory building, or in an area screened from view from the street and adjoining lots by a legally located fence, wall, or equivalent screening. b. Storing, placing or parking any of the above conveyances, or any part thereof, which is disabled, unlicensed, unregistered, inoperative, or from which an essential or legally required operating part is removed, shall be prohibited unless conducted with a garage or accessory building, or in an area screened from view from the street and adjoining lots by a legally located fence, wall or equivalent screening. R :ords~98-16 3 c. Notwithstanding the provisions of subsections (D)(3)(a) and (b) of this section, emergency or minor repairs and short-term or temporary parking of any of the above conveyances when owned by a person residing on the lot, may be conducted for an aggregate period of up to twenty-four hours in any continuous period of forty-eight hours exclusive of the screening requirements. d. For the purpose of this section, reference to types of conveyances shall have the same meanings as defined in the Vehicle Code of the state of California, where such definitions are available. = located: Parking - Nonresidential Uses. Required parking for nonresidential uses shall be a. On the same lot or parcel of land as the use which the facilities serve; or b. On an adjoining lot or parcel of land under the same ownership as the lot supporting the use the parking facilities serve; or c. On a lot or parcel of land separated only by an alley (twenty feet wide or less) from the lot or parcel supporting the use the parking facilities serve, provided: The lots or parcels are under the same ownership, and and ii. The lots or parcels would be contiguous if not separated by the alley, iii. The direct vehicular and pedestrian passage between the lots or parcels would be possible if the alley were vacated, and iv. it is intended to serve. The parking is located not more than three hundred feet from the use d. Parking attendant structures shall be limited to thirty square feet in floor area. 5. On a nonadjacent lot on the same block as the lot supporting the use the parking facilities serve; provided, that the nonadjacent lot is under the same ownership. Same ownership includes property that is subject to a binding recorded lease for not less than ten years from commencement of use. The parking spaces leased must not be required for, or available to, any other property and be within a maximum of three hundred feet from the property requiring the parking. 6. Loading All Uses. Required loading facilities shall be located on the same lot or parcel of land as the use served. Section 3. Section 17.34.10 of the Development Code is amended to include the following definitions: "Yard, Actual Front: The space extending across the full width of the front of the lot, the depth of which is the minimum horizontal distance between the front lot line or street right-of- way line and the primary structure on the lot." R :ordsL98-16 4 "Yard, Actual Rear:. The space extending across the full width of the rear of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the pdmary structure on the lot." "Yard, Actual Side: The space between the setback line of the main building and the side lot line, extending from the front yard to the rear yard; the measured distance of the yard shall represent the shortest distance between the side lot line and that portion of the main building nearest the line from which the measurement is taken." Section 4. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or Section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 5. Effective Date. This Ordinance shall be in full force and effect six (6) months after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. PASSED, APPROVED, AND ADOPTED this 8th day of September, 1998. ATTEST: 4 ,,~ Jones, [SEAL] """"~ R~n"'R~berts, Mayor R :ordsL~8-16 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE) ss CITY OF TEMECULA I, Susan W. Jones, City Clerk of the City of Temecula, Califomia, do hereby certify that the foregoing Ordinance No. 98-16 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 25th day of August, 1998, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 8th day of September, 1998, by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS COUNCILMEMBERS COUNCILMEMBERS Comerchero, Ford, Lindemans, Stone, Roberts None None Sus n W Jones CMC i~; Clerk R:ords~98-16 6