Ordinance - 2130ORDINANCE NO. 2130
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE
WEST COVINA MUNICIPAL CODE RELATED TO THE REGULATION
OF ACCESSORY RECREATIONAL VEHICLES, UTILITY TRAILERS,
• MOTOR HOMES AND RECREATIONAL EQUIPMENT AND TRAILERS
WITHIN THE "SINGLE-FAMILY RESIDENTIAL" (R-1) AND
"RESIDENTIAL AGRICULTURAL" (R-A) ZONES (CODE AMENDMENT
NO. 03-03)
WHEREAS, Code Amendment No. 03-03 is a City -initiated code amendment related to
the parking of recreational vehicles and utility trailers within the "Single -Family Residential' (R-1),
and "Residential Agricultural' (R-A) Zones: and
WHEREAS, on October 28, 2003, January 27, 2004 and March 23, 2004, the Planning
Commission held study sessions to evaluate the regulations related to recreational vehicles and
utility trailers within the "Single -Family Residential' (R-1) and "Residential Agricultural' (R-A)
Zones; and
WHEREAS, based on the information provided at the study sessions, staff was directed by
the Planning Commission to draft a code amendment to regulate recreational vehicles and utility
trailers within the City of West Covina; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 271h
day of April, 2004 and the 8`h day of June, 2004, conduct duly advertised public hearings as
prescribed by law; at which time the Planning Commission adopted Resolution No. 04-4950
recommending to the City Council approval of Code Amendment No. 03-03; and
WHEREAS, the City Council considered evidence presented by the Planning
Commission, Planning Department, and other interested parties at a duly advertised public
hearing on the 20`h day of July, 2004, the 18`h day of January, 2005 and the 15`h day of February,
2005; and
WHEREAS, studies and investigations made by this Council and in its behalf reveal the
following facts:
l . Chapter 26 of the West Covina Municipal Code (Zoning) should be amended to change the
existing code establish standards for the parking of recreational vehicles and continue to
prohibit utility trailers in front yard areas within the "Single -Family Residential' (R-1) and
"Residential Agricultural" (R-A) Zones.
2. A code amendment is proposed to add new code language to Sections 26-63 (Definitions),
26-392 (Vehicles in Residential Zones) and 26-402.5 (Maximum front yard pavement
coverage). The sections will consist of the definitions of accessory recreational vehicles,
recreational equipment and trailers, motor homes and utility trailers within the "Single -
Family Residential' (R-1) and "Residential Agricultural' (R-A) Zones.
3. The proposed action is considered to be exempt from the provisions of the California
Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA
Guidelines, in that the proposed action consists of a code amendment which does not have
the potential for causing a significant effect on the environment.
• NOW, THERFORE, the City Council of the City of West Covina, California, does
hereby ordain as follows:
SECTION NO. 1: Based on the evidence presented and the findings set forth, Code
Amendment No. 03-03 is hereby found to be consistent with the West Covina General Plan and the
implementation thereof.
SECTION NO.2: The City Council of the City of West Covina hereby amends Chapter
26 of the West Covina Municipal Code (Zoning) as shown on Exhibit "A."
Ordinance No.2130
Code Amendment No. 03-03
February 15, 2005- Paee 2
SECTION NO. 3: The proposed action is considered to be exempt from the provisions
of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the
• CEQA Guidelines, in that the proposed action consists of a code amendment which does not have
the potential for causing a significant effect on the environment.
SECTION NO.4: The City Clerk shall certify to the passage of this Ordinance and
shall cause the same to be published as required by law.
APPROVED AND ADOPTED this I" day of March 2005.
c
Mayor Michael L. Miller
ATTEST:
City Clerk Laurie Carrico
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing Ordinance was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 2nd day of February 2005. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the I" day of
March 2005, by the following vote:
AYES:
Hernandez, Wong. Miller
NOES:
Herfert, Sanderson
ABSENT:
None
ABSTAIN:
None
APPROVED AS TO FORM:
City Attorney Arno Alvarez-Glasman
0
City Clerk Laurie Carrico
EXHIBIT A
Section 26-63 — Vehicles Definitions (for zoning purposes)
• Passenger vehicle. A motor vehicle designed to carry ten (10) persons or
less including the driver. Passenger vehicle also includes motor vehicles
designed to carry ten (10) persons or less that are constructed either on a
• truck chassis or with special features for occasional off -road use.
Passenger vehicle includes vehicles commonly called cars, minivans,
passenger vans, and sport -utility vehicles. Passenger vehicle is intended to
cover the vehicles defined as passenger cars and multipurpose passenger
vehicles by the National Highway Traffic Safety Administration in Title
49 of the Code of Federal Regulations, Chapter V, Section 571.3.
■ Recreational vehicle. A vehicle, with or without motive power, whieh is
designed or spertor feefe-at onal use, a which is designed for human
occupancy on an intermittent basis, excluding boats. Recreational vehicle
is divided into two (2) categories as follows:
t Motor home. A motorized vehicle designed for human occupancy
on an intermittent basis. A pick-up or other truck with a camper
mounted on the back is considered to be a motor home. A
pick-up or other truck with a camper shell (i.e. a fiberglass or
aluminum shell used strictly to cover or enclose a truck bed)
mounted on the back of such vehicle is not considered to be
motor home or recreational vehicle. A ea.mper is eenside_ed
ntor- home ..h it . n the N.. k of a piek tip er other k
t Accessory recreational vehicle. Any non -motorized vehicle
designed for human occupancy on an intermittent basis, such as a
vacation trailer or fifth -wheel trailer. " ..:::per- is eensidered an
aeeessofy reereational vehiele when it is standing alone. Aeeessoi-j
reereational hi i 1 ineltides vehicles designed f off. ead
use, sueh as off read vehieles, dune buggies, and rwreatio ail
beats.
• Recreational equipment and trailers. Recreational vehicles designed
for off road use, such as off -road vehicles, motorcycles, dune buggies
and recreational boats and watercraft and trailers to accommodate
them. Recreational equipment mounted or placed on an appropriate
trailer are deemed as one vehicle.
Utility trailer. A vehicle designed to be pulled by a motor vehicle which is
used to carry property, trash, or special equipment and that is sixteen (16)
feet or less in length. _eat trailers are inel,,ded as utilityJ trailers regardless
ef length. Utility trailers that are longer than sixteen (16) feet in length are
considered commercial vehicles. industrial vehicles and a ,Mated as
heavys.
Sec. 26-392. Vehicles in residential zones
Purpose. The provisions of this section are intended to reinforce community standards
and to promote an attractive residential appearance in the city's neighborhoods. The size,
number, and location of parked and stored vehicles in residential zones are regulated to
preserve the appearance of neighborhoods as predominantly residential in character.
These regulations apply to all residential uses in R-1 and RA zones.
(a) Commercial vehicles. It shall be unlawful to park or store any commercial
vehicles, trailers, or other related equipment. The provisions of this
subparagraph (a) do not apply to passenger vehicles, pickup trucks, passenger or
• cargo vans, or recreational vehicles.
(b) Allowed parking area. For residentially zoned lots developed with a single-
family residence, allowed parking areas, in addition to a permitted garage or
carport, are:
Allowed 12paved areas of the front yard as defined in section 26-
402_.5(c)) and paved areas of the unscreened street side yard as
-defined in section 26.402.5(c) and as further set forth in section
Exhibit A
March 1, 2005 — Page 2
26.402.5(e). d fitted , all ..,_,l . a betiyee., the ffent lot line and .l e
fnain building on the let.
(2) Areas of interior side, street side (as defined in section 26-402.5(c)), or rear
yards which are fully screened by solid six-foot fences or walls and/or view -
obscuring landscaping, except within five (5) feet of the rear property line.
• (3) Public sidewalks and paved areas of a public parkway are not considered
allowed parking areas.
(c) Parking of Recreational Vehicles, Recreational Equipment and Trailers and
Utility Trailers in Side and Rear Yards. Recreational vehicles, recreational
equipment and trailers, and utility trailers may be parked in fully -screened
side or rear yard areas as set forth in subsection (b)(2).
(d) Parking of Recreational Vehicles, Recreational Equipment and Trailers and
Utility Trailers in the Front Yard or Unscreened Street Side Yard.
1) As used in this section, "front yard" shall mean all space between the
main building (and the projection of the main building to the side
property lines) and the front street property line. Also as used in this
section, "street side yard" shall mean all space between the main
building (and the proiection of the main building to the front and rear
property lines) and the side street property line of a corner lot. Also
as used in this section, side pad refers to the additional paved parking
area to the side of the driveway as defined in section 26.402.5(d).
(2) Under no circumstance may utility trailers be parked in the front
yard or unscreened street side yard.
(3) Campers and camper shells placed on the ground or otherwise not
properly mounted on a pick-up or other truck may not be stored in
the front yard or unscreened street side yard.
(4) Vehicles must be registered to the permanent resident of the property
and registered to the property address.
(5) Vehicles shall be maintained in proper condition. Vehicles stored or
maintained in one or more of the following conditions shall be deemed
to be in violation of this standard:
a. Vehicles with damaged or broken windows or doors, or damaged or
torn screens or shades.
b. Vehicles that are covered with tarps or other covers which are
deteriorating or torn.
c. Vehicles with damaged or broken parts, including, but not limited
to, tow bars, mirrors, light shields, bumpers, tanks, ladders, softop
cover for popups, luggage compartment doors, air handling units,
and luggage racks.
isd. Vehicles with any peeling, blistering, rusting, or otherwise
deteriorating exterior surface.
e. Vehicles with open awnings, open slide -outs, and open pop -ups.
(6) In addition to other applicable standards, vehicles may not be parked
closer than a distance of five (5) feet from the curb face or the edge of
the street pavement, if no curb exists.
Exhibit A
March 1, 2005 — Page 3
(7) In no case shall the parking of a motor home, accessory recreational
vehicle, or recreational equipment and trailer in a location other than
the driveway block the use of the driveway or access to the garage or
carport by other vehicles.
(8) One (1) motor home or accessory recreational vehicle may be parked
on the side pad, circular drive, or other allowed parking areas that
• are not part of the driveway leading directly to a garage or carport
without the approval of an administrative use permit.
(9) Motor homes, accessory recreational vehicles, and recreational
equipment and trailers, up to an overall total of two (2) such vehicles
may be parked in any allowed parking area, subject to the approval of
an administrative use permit pursuant to the provisions of sections
26-270 through 26-274, and further pursuant to the provisions of
subsection (e) below. A first motor home or accessory recreational
vehicle permitted to be parked pursuant to paragraph (8) above shall
be included in the total of two (2) vehicles.
(e) Administrative use permit. The approval of an administrative use permit
for the parking of motor homes, accessory recreational vehicles and
recreational equipment and trailers pursuant to paragraph (d)(9) above
shall be subject to the following:
(1) The parking of vehicles shall comply with all requirements of
subsection 26-392(d).
(2) The administrative use permit shall be valid only for the specific
vehicle(s) identified in the permit. Approval to park any new or
replacement vehicle(s) shall require a separate administrative use
permit.
(3) An administrative use permit to park recreational equipment and/or
trailers may only be approved in cases where no other suitable
parking area exists in a garage, carport, or side or rear yard, as
determined by the Planning Director. Grounds for the inability to use
the side or rear yard shall include the inability to provide appropriate
access to said yards and/or inadequate area. Grounds for the inability
to use a garage or carport shall include inadequate size and
dimensions. The parking of other vehicles or the storage of other
goods and equipment shall not constitute grounds for the inability to
use a garage or carport.
4) An administrative use permit to park vehicles in the drivewav ma
only be approved in cases where no other suitable parking area exists
outside of the driveway and the installation of such suitable parking
area is not possible or practicable given topography, lot size or
configuration, or other existing improvements on the lot, as
determined by the Planning Director.
(5) The administrative use permit may prescribe a specific area or
location where the vehicle must be parked in the front yard.
• (6) Findings. Before an application for an administrative use permit may
be granted, the following findings shall be made:
a. The manner and location proposed for the parking of vehicles is
sensitive to visibility from and adverse aesthetic impacts to
surrounding properties.
b. The manner and location proposed for the parkine of vehicles is
sensitive to the safetv and convenience of pedestrians and
motorists.
Exhibit A
March 1, 2005 — Page 4
c. The proposed parking of vehicles will not unreasonably infringe
upon the use and enjoyment of adjoining properties.
d. In the case of an application for parking of recreational equipment
and trailers, no other suitable parking area exists in a garage,
carport, or side or rear yard.
e. In the case of an application for parking of vehicles in the
driveway, no other suitable parking area exists outside of the
• driveway and the installation of such suitable parking area is not
possible or practicable given topography, lot size or configuration,
or other existing improvements on the lot.
(d) ( Inoperable vehicles. It shall be unlawful to park or store any inoperable vehicle
in any front yard, or any other yard where not screened from all off -site ground -
level views, for more than seventy-two (72) hours. Up to two (2) inoperable
vehicles may be parked for any length of time in an enclosed garage or the rear
or side yards where such yards are completely enclosed with six-foot solid walls
or fences.
(0 (g)Auto repair and service.
(1) It shall be unlawful to service or repair any vehicle, inoperable or not,
whether or not registered to the occupant of the property, or otherwise
belonging to him/her, except completely within the garage, carport, or on
the driveway. Only one (1) vehicle at a time may be serviced or repaired
on the driveway or in a carport per residential lot.
(2) Notwithstanding subparagraph (e) (1), it shall be unlawful to conduct
more than (2) incidents of repair or service within a 30-day period on
vehicles not registered or otherwise belonging to the occupant(s) of the
property on which the repair or service is taking place. An incident shall
include all repair or service activities occurring within a 72-hour period.
This section shall not apply to an incident of repair or service required by
an emergency.
(3) An incident of repair or service under subparagraphs (e) (1) and (2) shall
be allowed only if the repair or service is conducted between 8:00 a.m.
and 10:00 p.m., noise levels created do not exceed the ambient noise level
by more than five (5) decibels at the property line, and the repair or
service complies with applicable environmental, health and safety codes
and regulations. Further, use of power tools (pneumatic or electrical) shall
not be permitted beyond the hour of 8:00 p.m.
(4) No tools, motor vehicle parts, supplies, or equipment used for automobile
repair and service shall be left, stored or maintained outdoors in a location
that is readily visible from a public right-of-way or an adjoining property
upon any overnight interruption or cessation of repair work.
(5) All fluids, liquids and oil or other petroleum products that are taken out of
a motor vehicle or used in conjunction with any repair work shall be
disposed of in a lawful manner. In no instance shall these products or
substances be allowed to drain or spill onto adjoining property or into the
public right-of-way, storm drain, plumbing system or sewer system.
. (6) Hydraulic vehicular lifts and/or similar types of mechanical or hydraulic
equipment (as determined by the planning director) are prohibited from
being installed, kept, stored, maintained or otherwise used for conducting
automotive repair or storing of vehicles.
69 (h) Operations of vehicles on private property.
The following shall apply:
Exhibit A
March 1, 2005 — Page 5
(1) It shall be unlawful to operate any motor vehicle (as defined in section 415
of the Vehicle Code of the State of California) upon the private property
of another without first obtaining the written permission of said owner.
(2) Persons who obtain permission from private property owners to operate
motor vehicles thereon shall maintain in their possession such written
permission at all times when operating motor vehicles on said private
• property.
(3) This subsection (1) (h) in no way prohibits the use of such private property
by:
a. Emergency vehicles.
b. Vehicles of commerce in the course of the conduct of normal business.
c. Vehicles being operated on property devoted to commercial purposes
where the general public is expressly or implicitly invited to such
property.
d. Vehicles operated on property actually used for residential purposes
and where such vehicle in there at the express or implicit invitation of
the owner or occupant.
(g) fil [Use of vehicles as living quarters.] It shall be unlawful to use or allow to
be used any motor home, accessory recreational vehicle, or similar type trailer
as a living quarters. For purposes of this subsection living quarters shall mean
occupying the vehicle for the purpose of living, eating, cooking, or sleeping
on a permanent basis in a manner similar to the occupancy of a dwelling unit.
No plumbing or electrical permits shall be issued for the purposes of serving a
motor home, accessory recreational vehicle of similar type of trailer on a
single-family property. A permit to use a motor home, accessory recreational
vehicle, or similar type trailer, as temporary habitation shall be allowed under
the following conditions:
(1) An administrative permit shall be obtained from the planning department.
(2) Permits shall be granted for a maximum total of fifteen (15) days in a
calendar year at a property with a habitable single-family residence.
fh} JU Public nuisance. It shall be declared unlawful and a public nuisance for
any person owning, leasing, occupying, or having charge or possession of any
residential property in the city to allow the existence of any violation of this
section.
See.26-206. Notices
(d) For administrative use permits:
(1) A notice that describes the proposed project and indicates the length of the
public review period (including the last date that a request for a public
hearing may be given to the planning department) shall be mailed to
owners and occupants of surrounding property as indicated below. The
public review period shall extend for ten (10) days from the date that the
initial notice was mailed, except in the case of large family day care
• homes which shall have a public review period of fourteen (14) days. If a
request for a hearing is received during the specified time, a notice shall be
mailed a minimum of seven (7) days prior to the date of the hearing,
indicating the date, time, and location of the scheduled public hearing.
a. 100 foot noticing radius: Notices shall be mailed to the property
owners and occupants of the subject site and all properties within a
radius of one hundred (100) feet of the exterior boundaries of the
subject site in the case of applications for the following purposes: large
Exhibit A
March 1, 2005 — Page 6
family day care homes, miniature potbellied pigs, sign exception
review, outdoor uses within the outdoor uses overlay zone, wall and
fence height increases, and canopy structures.
b. 100-foot noticing radius: Notices shall be mailed to the property
owners and occupants of the subject site and all properties within
a radius of one hundred (100) feet of the exterior boundaries of the
• subject site and which are located on streets adjoining the front or
side yards of the subject site in the case of applications for the
parking of recreational vehicles and recreational equipment and
trailers in the front yard.
b.c.300 foot noticing radius: Notices shall be mailed to the property
owners and occupants of the subject site and all properties within a
radius of three hundred (300) feet of the exterior boundaries of the
subject site in the case of applications for the following purposes: large
expansion and maximum unit size exception, retaining walls, building
and roof -mounted wireless telecommunication antennae facilities, and
computer game/internet access centers as defined in section 26-685.2.
E