City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 12/12/2023
Subject: Recreational Vehicle Parking
RECOMMENDED ACTION:
This Ordinance amends Chapter 10.56 “Restrictions on Recreational Vehicle Parking in Residential Areas” to include language prohibiting the use of Recreational Vehicles as dwelling units on residential lots.
DISCUSSION/ANALYSIS:
The Code Enforcement Division asked staff to review and amend as necessary the Recreational Vehicle Parking ordinance to include language prohibiting the use of Recreational Vehicles as dwelling units on residential lots.
Staff reviewed Chapter 10.56 and is recommending adding section 10.56.070 to address the primary issue brought up by Code Enforcement and section 10.56.080 to provide further clarify regarding RV visitor parking permits. The proposed amendment to Chapter 10.56 “Restrictions on Recreational Vehicle Parking in Residential Areas” will amend this section of the Municipal Code to include language prohibiting the use of Recreational Vehicles as dwelling units on residential lots.
At the last City Council meeting, staff did receive comments from the City Council regarding some needed clarifications to the proposed amendment. The proposed ordinance has been amended to incorporate the comments and concerns. Following is the proposed Ordinance recommended for second reading and adoption and attached are redline changes from the first reading and labeled “Redline changes from the first reading to the second reading of the Municipal Code Section Chapter 10.56”.
FISCAL IMPACT: N/A
Attachments:
1. Redline changes from the first reading to the second reading of the Municipal Code Section Chapter 10.56
ORDINANCE NO. 926
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RIPON AMENDING CHAPTER 10.56 "RESTRICTIONS ON
RECREATIONAL VEHICLE PARKING IN RESIDENTIAL
AREAS" OF THE RIPON MUNICIPAL CODE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RIPON AS FOLLOWS:
SECTION 1. AMENDMENT TO CODE. Chapter 10-56 is hereby amended in its entirety to read as follows:
Chapter 10.56
RESTRICTIONS ON RECREATIONAL VEHICLE
PARKING IN RESIDENTIAL AREAS
Sections:
10.56.010 Purpose
10.56.020 Definitions
10.56.030 Lots Created Prior to 1988
10.56.040 Lots Created After 1988
10.56.050 Parking Inside Structures
10.56.060 Parking on the Street
10.56.070 Recreational Vehicles Used as Dwellings
10.56.080 Visitor Parking of Recreational Vehicles
10.56.010 Purpose
The City Council wishes to maintain its residential areas as quiet and secure zones with adequate open space and areas to promote a wholesome, safe and enjoyable family environment. The City Council has adopted setback requirements in residential zones to provide adequate space for parking and storage of recreational vehicles in the side and/or rear yards of residential properties.
It is the intent of the City Council, in adopting this Chapter, to regulate parking and storage of recreational vehicles on both private property and on the streets in residential zones for the purpose of protecting the health, safety and welfare of the residents of the City. (Ord. 638, §1, 2001; Ord. 749, §1, 2007)
10.56.020 Definitions
For purposes of this Chapter, the following definitions shall apply:
A. “Lot Created.” A lot is created on the date of recordation of the Final Subdivision Map.
B. “Recreational Vehicle.” A vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for recreation, utility, hauling sporting purposes and/or social activities. The term recreational vehicle includes, but is not limited to, a vehicle, travel trailers, fifth wheel trailers, pickup campers, camping trailers, motor coach homes, converted trucks or buses, boats and boat trailers, jet skis and other water vessels, all-terrain vehicles, utility trailers, etc. (Ord. 749, §1, 2007, Ord. 887, 2019)
10.56.030 Lots Created Prior to 1988
A. One (1) Recreational Vehicle may be parked in the front yard area of private residential property lots that were created prior to January 1, 1988, provided the following conditions are met:
1. Recreational Vehicles shall not discharge any litter, sewer effluent, or other matter except into sanitary facilities designed to dispose of such materials.
2. Recreational Vehicles shall be parked on areas surfaced with an all-weather material, such as concrete, asphalt, stone or gravel. The all-weather material shall be a minimum of two (2) inches deep and sufficiently compacted so as to eliminate the unreasonable accumulation of dust, dirt, mud, or weeds and shall be sufficiently maintained so that it will drain and dispose of all surface water per the City’s standard specifications.
3. At no time can the Recreational Vehicle extend over a public sidewalk, bike path, or street.
The Recreational Vehicle must be parked perpendicular to the front property line when at all possible.
B. Additional Recreational Vehicles may be parked in the side or rear yard areas of private residential property lots that were created prior to January 1, 1988, provided the following conditions are met:
1. Recreational Vehicles shall not discharge any litter, sewer effluent, or other matter except into sanitary facilities designed to dispose of such materials.
2. Recreational Vehicles shall be parked on areas surfaced with an all-weather material, such as concrete, asphalt, stone or gravel. The all-weather material shall be a minimum of two (2) inches deep and sufficiently compacted so as to eliminate the unreasonable accumulation of dust, dirt, mud, or weeds and shall be sufficiently maintained so that it will drain and dispose of all surface water per the City’s standard specifications.
3. Recreational Vehicles shall not be parked as to block or prevent access by emergency personnel to the rear of the property. There must be a minimum of three (3) feet clear access remaining on one side of the main structure on the lot to the rear yard for emergency personnel. (Ord. 749, §1, 2007, Ord. 887, 2019)
10.56.040 Lots Created After 1988
Recreational Vehicles shall not be parked in the front yards of private residential property lots that were created on or after January 1, 1988, except for loading and unloading purposes for forty-eight (48) hours prior to use and forty-eight (48) hours after use. For purposes of this Chapter, “use” includes any operation of the “Recreational Vehicle” over a period of not less than twenty-four (24) hours to a particular destination, and does not include the mere moving of the “Recreational Vehicle” from one area within a lot or parcel to another location on such lot or parcel.
Recreational Vehicles may be parked in the side or rear yard areas of private residential property lots that were created on or after January 1, 1988, provided the following conditions are met:
A. Recreational Vehicles shall not discharge any litter, sewer effluent, or other matter except into sanitary facilities designed to dispose of such materials.
B. Recreational Vehicles shall be parked on areas surfaced with an all-weather material, such as concrete, asphalt, stone or gravel. The all-weather material shall be a minimum of two (2) inches deep and sufficiently compacted so as to eliminate the unreasonable accumulation of dust, dirt, mud, or weeds and shall be sufficiently maintained so that it will drain and dispose of all surface water per the City’s standard specifications.
C. Recreational Vehicles shall not be parked as to block or prevent access by emergency personnel to the rear of the property. There must be a minimum of three (3) feet clear access remaining on one side of the main structure on the lot to the rear yard for emergency personnel. (Ord. 749, §1, 2007, Ord. 887, 2019)
10.56.050 Parking Inside Structures
Recreational Vehicles may be parked inside any enclosed structure that complies with the minimum dimension, area, or other regulations of the particular residential district and the adopted comprehensive plan land use designation in which the structure is located. Recreational Vehicles shall be parked on areas surfaced with an all-weather material, such as concrete, asphalt, stone or gravel. The all-weather material shall be a minimum of two (2) inches deep and sufficiently compacted so as to eliminate the unreasonable accumulation of dust, dirt, mud, or weeds and shall be sufficiently maintained so that it will drain and dispose of all surface water per the City’s standard specifications. (Ord. 749, §1, 2007)
10.56.060 Parking on the Street
A. Parking of any recreational vehicles upon any public street, public right-of-way or alley is prohibited, except as set forth below:
1. Recreational vehicles may be parked upon a public street, public right-of-way or alley in front of or immediately adjacent to the owner’s residence for up to forty-eight (48) consecutive hours prior to use and forty-eight (48) consecutive hours after use for purposes of loading, unloading, cleaning, battery-charging or other activity preparatory or incidental to travel. “Use” includes any operation of the “recreational vehicle” over a period of not less than twenty-four (24) hours to a particular destination, and does not include the mere moving of the recreational vehicle from one area within a lot or parcel to another location on such lot or parcel.
2. Recreational vehicles may be parked on a public street, public right-of-way or alley with approval of a valid RV visitor parking permit issued pursuant to section 10.56.080.
B. In the event a recreational vehicle is parked on a public street, public right-of-way or alley, the following additional limitations shall apply.
1. At no time shall any “slide out” component of a recreational vehicle be utilized or extended so as to cause a public safety hazard, as determined by the Chief of Police.
2. If at any time any hose or cord is extended from a recreational vehicle over or upon any public sidewalk or public right-of-way, it should be secured down or covered so as not to cause a tripping hazard. Such safety determination shall be as determined by the Chief of Police.
3. No recreational vehicles shall discharge any litter, sewer effluent, or other matter except into sanitary facilities designed to dispose of such materials.
10.56.070 Recreational Vehicles used as Dwellings
A. Private Properties. Living or sleeping in a recreational vehicle on private property is prohibited. No recreational vehicle, camper shell, automobile or similar device shall be used for living or sleeping quarters on private property, except in a lawfully operated travel trailer park, travel center or campground, or with a valid RV visitor permit issued pursuant to section
10.56.080.
B. Public Properties. Living or sleeping in a recreational vehicle upon city streets, areas of the public right-of-way, and city-owned parking areas is prohibited. No recreational vehicle, camper shell, automobile or similar device shall be used for living or sleeping quarters on public property, except as permitted with a valid RV visitor parking permit issued pursuant to section
10.56.080.
10.56.080 Visitor Parking of Recreational Vehicles
Visitor parking of recreational vehicles, either on private property or upon a city street in front of or adjacent to the host residence, may be allowed with the issuance of a RV visitor parking permit issued by the Chief of Police. Such RV visitor parking permit will be allowed for a period of no more than fourteen (14) days in any continuous six (6) month period. No more than one (1) such visit shall be permitted within any six (6) month period. No fee shall be charged in connection with the issuance of such permit.
A. RV Visitor Parking Permit Application. An application for a RV visitor parking permit may be filed by the resident or the out-of-town visitor. The application shall include the following:
1. The name, residential address and phone number of the resident that the out-of-town visitor will be visiting;
2. The name, address, and phone number of the registered owner of the recreational vehicle for which a permit is sought along with a copy of the vehicle registration from the California Department of Motor Vehicles or equivalent agency from another state. If the resident applying for the RV visitor parking permit is not the registered owner, a letter of authorization of the registered owner shall be included;
3. The license number, year, make and model of the recreational vehicle and its dimensions as to width, height, and length;
4. The dates for which the permit is desired;
5. The parking location of the recreational vehicle at the host residence; and
6. Such additional information the chief of police, or his designee, may reasonably require.
B. The chief of police or his or her designee shall issue a RV visitor parking permit unless one of the following findings is made:
1. The out-of-town visitor is not the registered owner of the recreational vehicle or does not have authorization to use such vehicle;
2. There are public safety concerns relating to the parking location of the recreational vehicle on the street, including but not limited to a street being too narrow to safely accommodate the recreational vehicle or the parking location of the recreational vehicle impairs visual safety of other vehicles and/or pedestrians;
3. The street on which parking would be provided prohibits parking of all vehicles;
4. The applicant provided information that was materially false;
5. The out-of-town visitor is not visiting the resident listed in the application;
6. The address associated with the resident that the out-of-town visitor is visiting has already exceeded the number of days allowed for a RV visitor parking permit for guests in the previous twelve months; or
7. The resident that is being visited has unpaid parking citations issued by the city of Ripon.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The City Council hereby finds that the adoption of this Ordinance does not constitute the approval of a “project” under the California Environmental Quality Act (CEQA) pursuant to section 15060(c)(2) and (3), 15061(b)(3), 15262, and 15378 of the State of California CEQA Guidelines.
Specifically, this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment because it does not authorize the construction of any new structures or other physical changes to the environment.
SECTION 3. NO MANDATORY DUTY OF CARE. This Ordinance is not intended to, and shall not be construed or given effect in a manner that imposes upon the City or any officer, agent, employee or volunteer, thereof a mandatory duty of care towards persons and property, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have passed the ordinance codified in this Chapter, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this Chapter would be subsequently declared invalid or unconstitutional.
SECTION 5. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.
SECTION 6. PUBLICATION. At least two (5) days prior to its final adoption, copies of this ordinance shall be posted at City Hall and on the City of Ripon website; and a notice shall be published once in The Manteca Bulletin, the official newspaper of the City of Ripon, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 12th day of December, 2023, by the following vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER:Gary Barton, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
THE CITY OF RIPON,
A Municipal Corporation
By _______________________________
LEO ZUBER, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk