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O 467 C.S. . 309 . <Ii _ ORDINANCE NO. 467 c.s. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ISSUING A CA TEGORICAL EXEMPTION, REPEALING THE EXISTING TITLE 6, CHAPTER 5 OF THE MUNICIPAL CODE ENTITLED "HOUSE TRAILERS" IN ITS ENTIRETY AND ADOPfING A NEW TITLE 6 CHAPTER 5, ENTITLED "RECREA TIONAL VEHICLES" WHEREAS, the City Council has considered amending Title 6, Chapter 5 of the Municipal Code of the City of Arroyo Grande; and WHEREAS, the City of Arroyo Grande has found that it is necessary and desirable to regulate the use, parking and storage of recreational vehicles; and WHEREAS, noticed public hearings were held by the Planning Commission on May 17, 1994 and April 18, 1995 at which all interested persons were given the opportunity to be heard; and WHEREAS, the Planning Commission on April 18, 1995 recommended that the City Council repeal the existing Title 6 Chapter 5 and adopt the New Title 6 Chapter 5 entitled "Recreational Vehicles". WHEREAS, a noticed public hearing was held by the City Council on May 23, 1995 at which time all interested persons were given the opportunity to be heard; and WHEREAS, the City Council has reviewed and considered the information and public testimony presented at the public hearing and in the proposed document and staff report. WHEREAS, the City Council finds, after due study, deliberation, and public hearing that the following circumstances exist: 1. The proposed amendment is necessary and desirable to conform with the provisions of State Law. 2. The proposed amendment is necessary and desirable to protect the public health, safety and welfare, through the regulation of the use, parking and storage of recreational vehicles. 3. The proposed amendment is necessary and desirable to protect property values and investments. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Arroyo Grande, California does hereby repeal the existing Title 6, Chapter 5 of the Municipal Code, entitled "House Trailers" and adopts a new Title 6, Chapter 5 entitled "Recreational Vehicles". attached hereto as Attachment" A" and incorporated herein by reference. A summary of this ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed ordinance is to be adopted. A certified copy of the full text of the proposed i ordinance shall be posted in the office of the City Clerk. Within fifteen (15) days after adoption I of the ordinance, the summary with the names of those City Council members voting for and I against the ordinance shall be published again, and the City Clerk shall post a certified copy of l the full text of such adopted ordinance. 310 . . ., . Ordinance No. 467 C.S. Recreational Vehicles June 27, 1995 Page Two i On motion of Council Member S:J..1za , seconded by Council MembeIl3rarrly, and by the following roll call vote, to wit: , A YES: Council Members Souza, Brandy, Lady, Fuller and Mayor Dougall NOES: None ABSENT: None the foregoing Ordinance was adopted this 27th day 0 ; [ i I , ATTEST: , ED AS TO FORM: I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify, under penalty of perjury, that the foregoing Ordinance No. 467 C.S. is a tme, full and correct copy of said Ordinance passed and adopted at a regular meeting of the Arroyo Grande City Council on the 27th day of June 1995. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 7th day of I June , 1995. ~a.~ NANCY A. VIS, CITY CLERK CITY OF ARROYO GRANDE l ATTACHMENT "An TITLE 6 CHAPTER 5. RECREATIONAL VEHICLES Sec. 6-5.01. Definitions. ( For the purposes of this Chapter, unless clearly apparent from the context, certain words and phrases used in this Chapter are defined as follows: , I (a) "Approved recreational vehicle park" shall mean any place, area, or tract of land approved for the accommodation of any recreational vehicle, by the City of Arroyo Grande and the Health Officer as required by local and state laws. The provisions of the state laws applicable to the health, sanitation, and safety of recreational vehicle parks are hereby adopted and made a part of this Chapter as though set forth in full in this Chapter. (b) "Designated residential driveway" shall mean a concrete or asphalt private road giving access from the public right-of-way to a garage or carport. (c) "Mobile home" as defined in Title 9, Chapter 18 of the Municipal Code. (d) "Recreational vehicle" as defined in Health and Safety Code Section 18010. (e) "Recreational vehicle pad" shall mean a concrete or asphalt parking area specifically constructed on residential property for parking a recreational vehicle. (f) "Recreational vehicle storage yard/recreational vehicle storage" means any approved 1 ocat i on for the 1 ega 1 commerci a 1 storage of recreat i ona 1 vehicles. (g) "Tra i 1 er coach" as defi ned in the California Vehicle Code Section 635. Sec. 6-5.02. Parkinq on City Streets. Parking of recreational vehicles on public streets is regulated as follows: (a) No recreational vehicle may be parked within a publ ic right-of- way of the City for any continuous period exceeding seventy-two (72) hours. The provisions of Title 4, and specifically Sections 4-3.14 and 4-3.20 hereof shall be applicable to any recreational vehicle in violation of this section. (b) No recreational vehicle may be parked where, in the opinion of I the Police Chief or his designated representative, such veh i c 1 e obstructs I I a:\new2rv.ord visibility at an intersection or otherwise causes a traffic hazard. The provisions of Title 4, and specifically Section 4-3.14 hereof shall be applicable to any recreational vehicle in violation of this section. (c) No recreational vehicle shall be used for living or sleeping purposes within a publ ic right-of-way of the City, unless .such recreational vehicle is parked in front of a property that is improved with a dwelling lawfully occupied and with the express consent of the occupant thereof and where the occupant has made available to the recreational vehicle occupants convenient and adequate sanitary and toilet facilities at all times. In no case shall a recreational vehicle be used for living or sleeping purposes within a public right-of-way for a continuous period exceeding seventy-two (72) hours. A recreational vehicle that is leveled (continuously or not) and connected to utilities (continuously or not) in excess of seventy-two (72) hours, whether or not the vehicle has moved, is prima facie evidence of a violation of these provisions. Sec. 6-5.03. Parkinq on Private Property. r Recreational vehicles may be parked on private property within any residential zone in the City, so long as such vehicle does not obstruct visibility at an intersection or otherwise cause a traffic hazard, as follows: (a) On recreational vehicle pads or on designated residential driveways where vehicular access to the required garage is not obscured and where the recreational vehicle is placed or located not less than five feet (5') from any building located on an adjacent property. (b) In side or rear yards where the recreational vehicles is placed or located not less than five feet (5') from any building located on an adjacent property. (c) In a legally constructed, enclosed building. (d) Recreational Vehicles may not be parked on residentially zoned property that is not developed with a residence except as follows: (1) One Recreational Vehicle may be stored on a vacant residentially zoned parcel for a period not to exceed 90 days provided the lot owner is the registered owner of the Recreational Vehicle. If a lot owner obtains a building permit within the 90 day period, the recreational vehicle may continue to be stored on the lot pursuant to the provisions of this title; or (2) Pursuant to Sections 6-5.04 and 6-5.05 of this Title. A Minor Exception, pursuant to Title 9 Section 9-03.120 hereof, may be applied for in cases where, due to existing conditions, it is not feasible to meet the setback requirements of this section. Sec. 6-5.04. Occupancy Limited: Exceptions~ No person shall use or occupy, nor shall the owner or tenant of any real property permit the use Qr occupancy of, any recreational vehicle for living, sleeping, or housekeeping purposes on private property in the City except as specified below. (a) Within an approved recreational vehicle park. (b) A tenant or owner of real property, that is improved with a [ a:\new2rv.ord d' dwelling lawfully occupied by said tenant or owner may allow a recreational vehicle to be parked and used for living and sleeping purposes upon said property, provided such occupancy shall not exceed thirty (30) days in anyone year period. Convenient and adequate sanitary and toilet facilities shall be available to the recreational vehicle occupants at all times. The provisions of this subsection shall not permit more than one recreational vehicle to be so used on a property at anyone time. (c) Subject to the issuance of a temporary or conditional use permit, and the provisions of Title 9, Chapter 3 hereof, trailer coaches and mobile homes may be used for living, ~leeping and housekeeping purposes. Sec. 6-5.05. Conditional Use Permit. A person desiring to use a recreational vehicle for living, sleeping or housekeeping purposes for a longer period than spetified in Section 6-5.04 of this Chapter must obtain a Conditional Use Permit (CUP) pursuant to Title 9, ( Chapter 3.050 thereof. (A time limitation and screening m~y be conditions of ! approval of the CUP.) In addition to the information required in Title 9, Chapter 3.050, the application shall contain the following information. (a) Plans showing the location of the property on which it is proposed to park such recreational vehicle; the proposed location of the recreational vehicle on the property, and all other structures and buildings located or to be located thereon. (b) Additional information as required by the City. In addition to the findings required in Title 9, Section 03.050,. a CUP may only be issued when the applicant for such permit can demonstrtte the following findings: ( 1 ) No fi re hazard wi 11 be created by reason of parking the recreational vehicle as proposed; and (2) The proposed parking of the recreational vehicle will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvement in the vicinity. Sec. 6-5.06. Investiqation of Premises. A conditional use permit shall not receive final approval for occupancy until the premises are inspected by the City and it has been determined that the facilities required by the provisions of this Chapter are available and that the vehicle conforms to all Federal, State and Local Laws. Sec. 6-5.07. Ut il it i es. (a) Sewage disposal from recreat i ona 1 vehicles is regulated by Title 6, Section 6-6.904 hereof. (b) Water system connections are permitted on private property. Recreational Vehicles parked on public rights-of-way may not be connected to water systems. (c) Recreational vehicles parked on private property may connect electrical systems only through a Ground Fault Interrupter (GFI) circuit or outlet. Recreational Vehicles parked on public rights-of-way may not be connected to electrical power. a:\new2rv.ord (d) Recreational vehicles may not be connected to telephone service, except as may be allowed under sections 6-5.04 or 6-5.05. (e) Recreational vehicles may not be connected to cable television service, except as may be allowed under sections 6-5.04 or 6-5.05. Sec. 6-5.08, Removal of wheels. Notwithstanding any provisions of this Chapter to the contrary, it shall be unl awful for any person to establish, maintain, use, or locate any recreational vehicle in the City outside an approved recreational vehicle park or recreational vehicle storage yard under the following circumstances: (a) Where any tire or wheel has been removed therefrom except for the purpose of making temporary repairs; (b) Which is permanently attached with underpinnings or foundations. to the ground. [ t