potential for resulting in physical change to the environment, directly or indirectly. The City Clerk shall file a notice of exemption within five business days after adoption.
SECTION 3. Code Amendments and Additions. The Indian Wells Municipal Code is hereby amended as set forth in Attachment “A” hereto and incorporated herein by reference.
SECTION 4. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 44950 Eldorado Drive, Indian Wells, CA 92210. The custodian of these records is the City Clerk.
SECTION 5. Severability. If any section, sentence, clause, or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 6. Effective Date. This Ordinance takes effect 30 days following its adoption.
SECTION 7. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Indian Wells.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on the ___ day of ___, 2022.
______________________________
DANA REED
MAYOR
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City of Indian Wells
Ordinance No. 737
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF INDIAN WELLS )
CERTIFICATION FOR ORDINANCE NO. 737
I, Angelica Avila, City Clerk of the City of Indian Wells, California, DO HEREBY CERTIFY that Ordinance No. 737, having been introduced at the regular meeting of April 21, 2022, was again introduced, the reading in full thereafter unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on ___ day of ___, 2022 and said Ordinance was passed and adopted by the following stated vote, to wit:
AYES:
NOES:
and was thereafter on said day signed by the Mayor of the City of Indian Wells.
ATTEST: APPROVED AS TO FORM:
_____________________________ ____________________________
ANGELICA AVILA TODD LEISHMAN
CITY CLERK CITY ATTORNEY
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City of Indian Wells
Ordinance No. 737
ATTACHMENT “A”
MUNICIPAL CODE AMENDMENTS
***
I. Additions
Section 11.36.125 is hereby added to Title 11 to read in its entirety as follows:
11.36.125 Parking of recreational vehicles.
Notwithstanding any other provision of this code, the regulations of this section govern parking of recreational vehicles.
(a) Purpose. The city’s recreational vehicle parking regulations help minimize the problems associated with parking recreational vehicles on public and private streets and property, while still affording owners of such vehicles temporary parking privileges for purposes of loading, unloading and undertaking interior maintenance and washing of such recreational vehicles. Problems associated with recreational vehicle parking include:
(1) Driving sight obstructions;
(2) Interference with mail delivery;
(3) Health and safety concerns associated with camping or habitation in vehicles;
(4) Viewshed obstructions and neighborhood aesthetic concerns. (b) Application. Notwithstanding any other provision of this code, this section governs the parking of recreational vehicles in the City. If there is any conflict with any provision in any other part of this code, the provisions in this section govern.
(c) Definition of a recreational vehicle.
(1) "Recreational vehicle" means a vehicle designed as a structure capable of human habitation; a boat; or a trailer used for the transport of other vehicles that are used for the purpose of recreation. "Trailer" is defined as a vehicle designed for carrying persons or property on its own structure and for being drawn by another motor vehicle. 371
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(i) Exception. A van or pickup truck that (1) has an attached utility camper shell that is not designed for camping or human habitation and (2) is used primarily for transportation is excluded from this definition.
(2) For the purposes of this chapter, the following vehicles, among others, are considered recreational vehicles:
(i) Camp trailer, per California Vehicle Code Section 242; (ii) Fifth-wheel travel trailer, per California Vehicle Code Section 324;
(iii) House car, per California Vehicle Code Section 362; (iv) Trailer coach, per California Vehicle Code Section 635. (v) Mobilehome, per California Vehicle Code section 396. (vi) Boat or boat trailer.
(vii) Trailers used for the transport of equipment, vehicles, or animals that are used for the purpose of recreation.
(viii) Recreational vehicle, per California Health and Safety Code section 18010.
(d) Parking, storage, and use of recreational vehicles is restricted. (1) Parking and Storage
(A) Generally. The parking or storage of any recreational vehicle on a public or private street or property is prohibited unless (i) a temporary RV-parking permit has been issued for the vehicle in accordance with this chapter or (ii) the vehicle is located entirely within a fully enclosed structure that is approved by the City’s Design Review Committee.
(B) Exceptions. The general rule in subparagraph (d)(1)(A) above does not apply in the following two situations:
(i) HOA Allowance. Paragraph (d)(1)(A) above does not
apply to a residential property or private street that is part 372
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of a common interest development (“CID”) to the extent
that each homeowners’ association with jurisdiction over the CID has an express statement in its CC&Rs that allows for recreational vehicles to be parked within the CID.
(ii) Short-term Parking. Short-term parking (2-hour
maximum) in a public parking lot or in legal street parking space is permitted when patronizing a business or visiting a park in the city. After two hours have elapsed at any one location or combination of locations with the city, the vehicle must relocate outside city limits for a minimum of 48-consecutive hours.
(3) Overnight Use
(A) Generally. No person shall camp overnight within any recreational vehicle.
(B) Exception. The prohibition in subparagraph (3)(A) above does not apply to a resident who has been granted a Temporary Use Permit in response to an emergency situation. The city may issue a Temporary Use Permit under this paragraph for overnight camping within a recreational vehicle if the resident’s primary residential structure has been deemed unsafe for human
habitation due to an emergency situation. Examples of emergency situations include, but are not limited to mudslides, floods, fires, earthquakes, wind damage, long-term power outages, or as otherwise determined by the director of community development. (e) Temporary parking permit.
(1) Anyone wishing to park a recreational vehicle on a public or private street or lot shall obtain a temporary parking permit from the City of Indian Wells.
(2) There shall be no fee for such permit.
(3) Application submittal and permit issuance shall be made available through the City’s website or the City’s Community Development Department.
(4) The following restrictions shall apply to any temporary parking permit issued for a recreational vehicle:
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(i) A temporary parking permit shall only be issued to a resident of the city, for a specific recreational vehicle with a valid state vehicle license and registration.
(ii) A temporary parking permit shall only be issued for a maximum of 24 hours on public or private streets and a maximum of 36 hours on private lots and shall not be reissued within 24 consecutive hours from expiration of the most recent parking permit issued. No more than two temporary parking permits shall be issued within a seven-day period for the same residence or recreational vehicle.
(iv) Except as expressly provided in this chapter, temporary parking on public and private streets shall only be allowed abutting the permittee’s property. A temporary parking permit does not authorize parking a dvehicle in a location or manner that is otherwise prohibited by this code or by the California Vehicle Code.
(v) Temporary parking on private lots shall be restricted to legal driveways, or that portion of the lot area where a legal garage is or can be constructed.
(vi) Temporary parking permits shall be conspicuously displayed in the lower driver’s side of the windshield or the nearest window.
The permit may be in printed form or handwritten on paper. The permit number must be clearly visible from the exterior of the vehicle to avoid a citation. The possession of a valid, unexpired permit that was not properly displayed shall not be a defense to a citation for an illegally parked recreational vehicle.
(vii) There shall be no other activity except loading or unloading of a vehicle while parked on a public or private street. Washing the vehicle or minor interior maintenance may only be performed in the area defined by subparagraph (v) above.
(viii) No person shall route electrical cords, extension cords, hoses, cables, or other items on or across city sidewalks or parkways from any property to a recreational vehicle parked on a public or private street at any time.
(ix) No person shall make a sewer connection with a recreational vehicle or dump wastes from a recreational vehicle onto public or 374
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private streets or lots. Violation of this subsection is a misdemeanor and subject to the fine amount listed in Section
1.20.030(2).
(2) In order to obtain a temporary parking permit, the following information must be supplied to the City of Indian Wells:
(i) Address of the resident requesting the permit;
(ii) Name and phone number of the registered owner or person in control of the recreational vehicle;
(iii) License number, year, make, and model of the recreational vehicle, and general dimensions as to width, height, and length. (iv) The dates for which the permit is desired; and
(v) Additional information that the City Manager or his or her designee reasonably requires.
(f) Violations.
(1) One courtesy notice will be issued to the RV owner for the first violation of this code. All subsequent violations of the RV parking requirements by the same owner or involving the same vehicle shall be citable infractions. The city may issue administrative citations in accordance with Section 1.20.030(1).
(2) An owner who receives three administrative citations within a 12- month period, forfeits the privilege of being issued an RV parking permit for a one-year period, beginning on the date of the third citation. (g) Procedures for contesting administrative citation. If a recreational-vehicle owner is cited for violating this chapter, the owner or person in control of the recreational vehicle may appeal the administrative citation in accordance with Section 1.20.070.
II. Amendments.
Section 11.28.010 is hereby deleted.
Section 11.28.030 is hereby amended to read in its entirety as follows:
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11.28.030 Oversize commercial vehicles and commercial equipment.
(a) Except as otherwise allowed within an active homeowner’s association, no person shall park or leave standing upon any public or private street, or upon any portion of public or private lots or any highway within any area designated as a residential zone, any commercial vehicle, as defined in this Section, with a rated cargo weight greater than one ton except for loading and unloading purposes in connection with local deliveries. See Section11.36.125 for recreational vehicle parking requirements.
(b) No person shall park and leave standing upon any public or private lot within any area designated as a residential or commercial zone, any commercial equipment such as tree grinders, commercial trailers, tractors, and any other equipment used for construction, or demolition, unless the person has obtained and can provide to the City, upon request, the property owner’s written permission to use the site for storage and a City building permit has been issued for construction on the property, if applicable. (Ord. 570 § 1, 2005)
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Indian Wells Recreational Vehicle Parking Amendments and Additions Legend:
Added Text = Red font
Deleted Text = Strike-out font
I.Additions
Section 11.36.125 is hereby added to Title 11 to read in its entirety as follows:
11.36.125 Parking of recreational vehicles.
Notwithstanding any other provision of this code, the regulations of this section govern parking of recreational vehicles.
(a) Purpose. The city’s recreational vehicle parking regulations help minimize the problems associated with parking recreational vehicles on public and private streets and property, while still affording owners of such vehicles temporary parking privileges for purposes of loading, unloading and undertaking interior maintenance and washing of such recreational vehicles. Problems associated with recreational vehicle parking include:
(1) Driving sight obstructions;
(2) Interference with mail delivery;
(3)Health and safety concerns associated with camping or habitation in vehicles;
(4) Viewshed obstructions and neighborhood aesthetic concerns. (b) Application. Notwithstanding any other provision of this code, this section governs the parking of recreational vehicles in the City. If there is any conflict with any provision in any other part of this code, the provisions in this section govern.
(c) Definition of a recreational vehicle.
(1) "Recreational vehicle" means a vehicle designed as a structure capable of human habitation; a boat; or a trailer used for the transport of other vehicles that are used for the purpose of recreation. "Trailer" is ATTACHMENT #2
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defined as a vehicle designed for carrying persons or property on its own structure and for being drawn by another motor vehicle. (i) Exception. A van or pickup truck that (1) has an attached utility camper shell that is not designed for camping or human habitation and (2) is used primarily for transportation is excluded from this definition.
(2) For the purposes of this chapter, the following vehicles, among others, are considered recreational vehicles:
(i) Camp trailer, per California Vehicle Code Section 242; (ii) Fifth-wheel travel trailer, per California Vehicle Code Section 324;
(iii) House car, per California Vehicle Code Section 362; (iv) Trailer coach, per California Vehicle Code Section 635. (v) Mobilehome, per California Vehicle Code section 396. (vi) Boat or boat trailer.
(vii) Trailers used for the transport of equipment, vehicles, or animals that are used for the purpose of recreation.
(viii) Recreational vehicle, per California Health and Safety Code section 18010.
(d) Parking, storage, and use of recreational vehicles is restricted. (1) Parking and Storage
(A) Generally. The parking or storage of any recreational vehicle on a public or private street or property is prohibited unless (i) a temporary RV-parking permit has been issued for the vehicle in accordance with this chapter or (ii) the vehicle is located entirely within a fully enclosed structure that is approved by the City’s Design Review Committee.
(B) Exceptions. The general rule in subparagraph (d)(1)(A) above does not apply in the following two situations:
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(i) HOA Allowance. Paragraph (d)(1)(A) above does not
apply to a residential property or private street that is part of a common interest development (“CID”) to the extent
that each homeowners’ association with jurisdiction over the CID has an express statement in its CC&Rs that allows for recreational vehicles to be parked within the CID.
(ii) Short-term Parking. Short-term parking (2-hour
maximum) in a public parking lot or in legal street parking space is permitted when patronizing a business or visiting a park in the city. After two hours have elapsed at any one location or combination of locations with the city, the vehicle must relocate outside city limits for a minimum of 48-consecutive hours.
(3) Overnight Use
(A) Generally. No person shall camp overnight within any recreational vehicle.
(B) Exception. The prohibition in subparagraph (3)(A) above does not apply to a resident who has been granted a Temporary Use Permit in response to an emergency situation. The city may issue a Temporary Use Permit under this paragraph for overnight camping within a recreational vehicle if the resident’s primary residential structure has been deemed unsafe for human
habitation due to an emergency situation. Examples of emergency situations include, but are not limited to mudslides, floods, fires, earthquakes, wind damage, long-term power outages, or as otherwise determined by the director of community development. (e) Temporary parking permit.
(1) Anyone wishing to park a recreational vehicle on a public or private street or lot shall obtain a temporary parking permit from the City of Indian Wells.
(2) There shall be no fee for such permit.
(3) Application submittal and permit issuance shall be made available through the City’s website or the City’s Community Development Department.
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(4) The following restrictions shall apply to any temporary parking permit issued for a recreational vehicle:
(i) A temporary parking permit shall only be issued to a resident of the city, for a specific recreational vehicle with a valid state vehicle license and registration.
(ii) A temporary parking permit shall only be issued for a maximum of 24 hours on public or private streets and a maximum of 36 hours on private lots and shall not be reissued within 24 consecutive hours from expiration of the most recent parking permit issued. No more than two temporary parking permits shall be issued within a seven-day period for the same residence or recreational vehicle.
(iv) Except as expressly provided in this chapter, temporary parking on public and private streets shall only be allowed abutting the permittee’s property. A temporary parking permit does not authorize parking a dvehicle in a location or manner that is otherwise prohibited by this code or by the California Vehicle Code.
(v) Temporary parking on private lots shall be restricted to legal driveways, or that portion of the lot area where a legal garage is or can be constructed.
(vi) Temporary parking permits shall be conspicuously displayed in the lower driver’s side of the windshield or the nearest window.
The permit may be in printed form or handwritten on paper. The permit number must be clearly visible from the exterior of the vehicle to avoid a citation. The possession of a valid, unexpired permit that was not properly displayed shall not be a defense to a citation for an illegally parked recreational vehicle.
(vii) There shall be no other activity except loading or unloading of a vehicle while parked on a public or private street. Washing the vehicle or minor interior maintenance may only be performed in the area defined by subparagraph (v) above.
(viii) No person shall route electrical cords, extension cords, hoses, cables, or other items on or across city sidewalks or parkways from any property to a recreational vehicle parked on a public or private street at any time.
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(ix) No person shall make a sewer connection with a recreational vehicle or dump wastes from a recreational vehicle onto public or private streets or lots. Violation of this subsection is a misdemeanor and subject to the fine amount listed in Section
1.20.030(2).
(2) In order to obtain a temporary parking permit, the following information must be supplied to the City of Indian Wells:
(i) Address of the resident requesting the permit;
(ii) Name and phone number of the registered owner or person in control of the recreational vehicle;
(iii) License number, year, make, and model of the recreational vehicle, and general dimensions as to width, height, and length. (iv) The dates for which the permit is desired; and
(v) Additional information that the City Manager or his or her designee reasonably requires.
(f) Violations.
(1) One courtesy notice will be issued to the RV owner for the first violation of this code. All subsequent violations of the RV parking requirements by the same owner or involving the same vehicle shall be citable infractions. The city may issue administrative citations in accordance with Section 1.20.030(1).
(2) An owner who receives three administrative citations within a 12- month period, forfeits the privilege of being issued an RV parking permit for a one-year period, beginning on the date of the third citation. (g) Procedures for contesting administrative citation. If a recreational-vehicle owner is cited for violating this chapter, the owner or person in control of the recreational vehicle may appeal the administrative citation in accordance with Section 1.20.070.
II. Amendments
The following amendments are made to Title 11 of the Indian Wells Municipal Code:
Section 11.28.010 is hereby deleted.
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No person shall park and leave standing upon any public street or highway within any area designated as a residential zone by the Municipal Code, any commercial vehicle, as defined in this Section, with a rated cargo weight greater than one (1) ton except for loading and unloading purposes in connection with local deliveries. Recreational vehicles may be parked on residential streets not to exceed twenty-four (24) hours for loading and unloading. (Ord. 337 § 3, 1994; Ord. 293 § 1, 1992) Section 11.28.030 is hereby amended to read in its entirety as follows:
11.28.030 Oversize commercial vehicles and commercial equipment.
(a) Except as otherwise allowed within an active homeowner’s association, no person shall park or leave standing upon any public or private street, or upon vacant any portion of public or private lots or any highway within any area designated as a residential zone, any commercial vehicle, as defined in this Section, with a rated cargo weight greater than one (1) ton except for loading and unloading purposes in connection with local deliveries. Notwithstanding the foregoing, recreational vehicles may be parked on a street or highway within any area designated as a residential designated zone for a period of time not to exceed twenty-four (24) hours for loading and unloading. See Section11.36.125 for recreational vehicle parking requirements.
(b) No person shall park and leave standing upon any public and/or private lot within any area designated as a residential or commercial zone, any commercial equipment such as tree grinders, commercial trailers, tractors, and any other equipment used for construction, or demolition, unless the person has obtained and can provide to the City, upon request, the property owner’s written permission to use the site for storage and/or a City building permit has been issued for construction on the property, if applicable. (Ord. 570 § 1, 2005)
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