ORDINANCE NUMBER 1136
SECOND READING AND ADOPTION
AN ORDINANCE OF THE CITY OF SEBASTOPOL ADDING CHAPTER 10.76, and AMENDING CHAPTER 10.36 OF THE SEBASTOPOL MUNICIPAL CODE
WHEREAS, the public interest will best be served by having a clear and concise understanding of Recreational Vehicles (RV) rules and regulations of Sebastopol; and WHEREAS, on November 30, 2021, the City of Sebastopol City Council approved Resolution Number 6386-2021, A Resolution of the City Council of the City of Sebastopol Proclaiming the Existence of a Local Homeless Emergency; and
WHEREAS, at the November 30, 2021 meeting, City Council directed staff to Provide Recommendations for Parking Changes on Morris Street, Laguna Park Way, as well as City-Wide parking changes recommendations; and
WHEREAS, conditions of extreme peril to the safety of persons and property has arisen within the City as to homeless in general and particularly as to those who are living in RVs or cars on Morris Street and Laguna Park Way, and that action is needed; and
WHEREAS, the City of Sebastopol Police Department has recommended that there be parking restrictions for oversized and recreational vehicle; and WHEREAS, The City Council has reviewed the Police Department’s recommendations and desires to amend the Sebastopol Municipal Code; and
WHEREAS, The City Council finds that the proposed changes are in the best health, safety, and welfare interests of the City.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEBASTOPOL DOES ORDAIN THE ADDING OF CHAPTER 10.76 AND AMENDMENT OF CHAPTER 10.36 AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Amending of Chapter 10.36, Stopping, Standing and Parking for Certain Purposes or in Certain Places: Chapter 10.36.010(B), is hereby amended to read as follows:
The provisions of this chapter imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the Vehicle Code or the ordinances of this City, including the Recreational Vehicle Parking Ordinance contained in Chapter 10.76, prohibiting or limiting the standing or parking of vehicles in specified places or at specified times.
SECTION 3. Adding of Chapter 10.76: Chapter 10.76, Recreational Vehicle Parking, is hereby added to Sebastopol Municipal Code to read as follows:
Recreational Vehicle Parking Ordinance
Chapter 10.76. – Recreational Vehicle Parking Ordinance Sections:
10.76.010 Title.
10.76.020 Findings and purpose.
10.76.030 Definitions
10.76.040 Parking Prohibited
10.76.050 Exceptions
10.76.060 Notice
10.76.070 Prohibited Activities
10.76.080 Violations
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10.76.010 Title.
This chapter shall be known as the “Recreational Vehicle Parking Ordinance.”
10.76.020 Findings and purpose:
The regulations enacted by this chapter are intended to ensure there is adequate parking for residents of the city and to regulate the parking of vehicles actively used as sleeping accommodations.
10.76.030 Definitions
Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter:
“Homeowner” means any person who owns their home.
“Out-of-town visitor” means any natural person who does not reside in the city and who is temporarily visiting a resident of the city.
“Recreational vehicle” or “RV” means a motorhome, travel trailer, truck camper, camping trailer, or other vehicle or trailer, with or without motive power, designed or altered for human habitation for recreational, emergency, or other human occupancy. “Recreational vehicle” specifically includes, but is not limited to: a “recreational vehicle” as defined by California Health and Safety Code Section 18010; a “truck camper” as defined by Health and Safety Code Section 18013.4; a “camp trailer” as defined in California Vehicle Code Section 242; a “camper” as defined in California Vehicle Code Section 243; a “fifth-wheel travel trailer” as defined in California Vehicle Code Section 324; a “house car” as defined by California Vehicle Code Section 362; a “trailer coach” as defined in California Vehicle Code Section 635; a van camper; or a van conversion.
“Tenant” means any person who occupies land or property rented from a landlord.
10.76.040 Parking Prohibitions
A. It is unlawful for a person to park or leave standing any recreational vehicle on any public street in the city that is zoned residential at any time.
B. It is unlawful for a person to park or leave standing any recreational vehicle on any public street in the city that is zoned commercial, industrial, or community facility at any time between the hours of 7:30am and 10:00pm.
C. It is unlawful for a person to park or leave standing any recreational vehicle on any park, square, or alley at any time.
D. It is unlawful for a person to park or leave standing any recreational vehicle in any city-owned parking lot at any time unless that person is conducting city-related business during business hours at the location for which the parking lot is designated.
E. It is unlawful for a person to park or leave standing any recreational vehicle less than 30 feet from the corner of any street so as not to impede site visibility for other motorists.
10.76.050 Exceptions
The prohibitions of this section do not apply to:
A. Recreational vehicles parked or left standing as a result of a mechanical breakdown so as to allow the performance of emergency repairs on the vehicle for a period not to exceed 48 hours.
B. Recreational vehicles parked or left standing on any public street in the city that is zoned residential so as to allow the use of a homeowner, tenant, or out-of-town visitor to load/unload the vehicle for a period not to exceed 72 hours.
C. Nothing in the ordinance is applicable to commercial vehicles providing services to businesses, such as the delivery or picking up of goods or vehicles otherwise approved by other City of Sebastopol departments through that department’s permitting process (e.g., construction vehicles).
10.76.060 Notice
Signs giving reasonable notice of the prohibitions contained in this chapter will be erected within the city as required by the California Vehicle Code.
10.76.070 Prohibited Activities
No person shall:
A. Run electrical cords, extension cords, hoses, cables, or other items across, above, or on the parkway or sidewalk from any property to a recreational vehicle parked on a public street at any time;
B. Make a sewer connection with a recreational vehicle or dump wastes from a recreational vehicle onto public or private land other than a designated RV dump. Violation of this subsection is a misdemeanor.
10.76.080 Violations
Unless otherwise specified, all violations of this chapter shall be an infraction and such persons shall be subject to citation, towing or both. Parking citations may be appealed under California Vehicle Code 40215 et seq.
SECTION 4. CEQA. The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15378(b)(5), that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is a governmental, organizational or administrative activity that will not result in direct or indirect changes in the environment.
SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance 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 Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 6. Effective Date. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same or a summary thereof to be published as required by law. This Ordinance shall take effect and be in full force and effect on March 26, 2022.
APPROVED FOR WAIVING OF FIRST READING AND INTRODUCTION OF ORDINANCE at Regular City Council Meeting of January 18, 2022.
APPROVED FOR SECOND READING AND ADOPTION OF ORDINANCE at a City Council Meeting of February 23, 2022.
VOTE:
Ayes: Councilmembers Gurney, Rich, Vice Mayor Hinton and Mayor Slayter Noes: None
Absent: None
Abstain: Councilmember Glass
APPROVED:
Mayor Patrick Slayter
ATTEST: ______________________________
Mary Gourley, Assistant City Manager/City Clerk, MMC
Larry McLaughlin, City Attorney