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HomeMy WebLinkAboutORD-07-04 Amend 8.04.02- Parking & Storage of Rec VehiclesORDINANCE NO. 7- 04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING SECTIONS 8.04. 020,17.04.035, AND 17.14.090 OF THE ORANGE MUNICIPAL CODE REGULATING THE PARKING AND STORAGE OF RECREATIONAL VEHICLES.WHEREAS, in 2002, the Community Development Department experienced an unexpected and excessive increase in the requests to investigate recreational vehicles that may be in violation of our current regulations; and WHEREAS, in 2002, the City Council received testimony from the public and took the action to direct staff to review the existing codes, meet with the organized groups representing each side, work with the Planning Commission to examine the appropriateness of the existing codes and recommend changes if warranted; and WHEREAS, on March 6, 2003 and March 7, 2003, staff met with representatives of Keep Orange Clean" and "It's Our City Too;" and WHEREAS, on June 16, 2003, the Planning Commission held a study session in which staff presented a brief report of the issues; and WHEREAS, on August 16, 2003, the Planning Commission met to receive and discuss an administrative report and to provide staff additional direction on what areas of the code should be reviewed and to bring forward a draft ordinance; and WHEREAS, the proposed Zoning Code Amendment is exempt from the requirements of the California Environmental Quality Act by the Guidelines of the California Environmental Quality Act under Section 15305 (Class 5, Minor Alterations in Land Use Limitations); and WHEREAS, the proposed amendments regulating the parking and storage of recreational vehicles are found to be consistent with the General Plan; and WHEREAS, the Planning Commission, having considered the Zoning Code Amendment (Recreational Vehicles) at a public hearing held on October 6, 2003 and November 3, 2003, including review of the staffreport and having received public testimony on the item, has determined the proposed amendment is justified and recommends approval of the Zoning Code Amendment as proposed; and WHEREAS, the City Council heard public testimony and reviewed reports concerning the proposed Zoning Code Amendment at meetings on December 9, 2003 and February 24, 2004. NOW THEREFORE, the City Council of the City of Orange hereby ordains as follows: SECTION I: Section 8.04.020 (Declaration of Nuisance) is amended by deleting subsections 19,20, and 22 and renumbering subsection 21 to be 19. SECTION II: Chapter 17.04.035 (Definitions) is hereby amended to add the following definition to the list of alphabetical definitions as follows: PASSENGER VEHICLE - a motorized vehicle, other than a recreational vehicle or commercial vehicle, that is primarily used for purposes of general transportation of persons.SECTION III:Section 17.14.090 (Yard Requirements) is hereby amended to read as follows:F. Parking/Storage on the Driveway - Passenger Vehicle: The parking/storage of passenger vehicles shall be limited to a paved surface or driveway leading to the required parking structure or area.G. Parking/ Storage on the Driveway* - Recreational Vehicle: For the purpose ofthis section the driveway shall also include a paved parking area adjacent to the driveway.Only one (1) Recreational Vehicle may be parked/stored within the front yard provided:1. The recreational vehicle does not exceed 36 feet in length and 12 feet in height;and 2. The recreational vehicle is parked or stored on a paved parking surface**; and 3. The recreational vehicle does not block access to more than Yz of the required parking; and 4. The recreational vehicle is parked/stored perpendicular to the front property line;and 5. The exterior appearance of the recreational vehicle must be kept reasonably clean and orderly; and Ord. No. 7- 04 2 GAS 6. The recreational vehicle, if typically intended to be carried or towed, must be placed or mounted on an appropriate trailer or pick-up bed.Additional curb cutting for driveway widening will not be approved if reasonable access can be made from existing driveways.The combined total of all paving within the front yard area shall not exceed 60% of the entire front yard area.Section 17.14.090 (Yard Requirements) is hereby amended to add the following new Sections H and I;H. Parking/Storage in Side and Rear Yards* - Recreational Vehicles: Recreational Vehicles rnay be parked or stored in any side or rear yard subject to the following: 1. The recreational vehicle must be parked or stored on a paved surface; and 2. The recreational vehicle must be screened by a view-obstructing fence, a minimum height of six feet; and 3. The recreational vehicle does not exceed 36 feet in length and 12 feet in height.Additional curb cuts for driveways to access side and rear yards will not be approved if access can be made from existing driveways.I. Parking/Storage in a required enclosed Parking Garage/Structure - Recreational Vehicles: Recreational Vehicles may be stored in a required parking garage or structure provided: 1. The storage of such recreational vehicle does not exceed Y2 of the required covered parking; and 2. The recreational vehicle is fully enclosed and not visible from the Public Right of Way. J. Exemption for Prior Legal Storage - If the current occupant of a residence stored a recreational vehicle at their current residence prior to March 24, 2004, in a manner that complied with the law in effect at the time the recreational vehicle was first stored on the property, the current occupant of the residence may continue such use; provided that (1) the recreational vehicle is stored either in compliance with the law in effect at the time the recreational vehicle was first stored on the property or (2) the recreational vehicle is stored in compliance with this code. This exemption may not be transferred to subsequent occupants of the property or to another property.Ord. No. 7-04 3 GAS SECTION IV: A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage in a newspaper of general circulation, published, and circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk's a certified copy of the full text of such adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with Government Code Section 36933. This Ordinance shall become effective on July 1, 2004. ADOPTED this 11th day of May, 2004. ATTEST: MaryE. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE ) I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 27th day of April, 2004, and thereafter at the regular meeting of said City Council duly held on the 11th day of May, 2004, was duly passed and adopted by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Ambriz, Murphy, Coontz COUNCILMEMBERS: Alvarez, Cavecche COUNCILMEMBERS: None COUNCILMEMBERS: None City Clerk, City 0 e Ord. No. 7.04 4 GAS