A Few Regulations From Other Locations
Concord Ban Upheld
San Jose Mercury News
Appellate court upholds Concord’s RV ordinance
By PAUL THISSEN | Berkeley Voice, Bay Area News Group, Mercury News
April 8, 2011 at 6:49 a.m.
CONCORD — A California appellate court this week upheld Concord’s RV ordinance, saying the city was within its authority to regulate where RVs and boats are parked on private property.
Resident and attorney Jim Disney sued the city after the City Council approved a law in 2008 requiring recreational vehicles be parked in a backyard or side yard, not a front yard or driveway. It also limits residents to two RVs per property.
An exemption was included to allow people who already lived in their homes at that point — they could continue parking RVs in their driveways if they got a special permit to allow it. The one-year period to get such a permit has expired.
The court rejected Disney’s argument that the law exceeded Concord’s authority and improperly infringed on property rights, according to the ruling by California’s First Appellate District Court.
Even though the ordinance was approved largely for aesthetic reasons, it is still within the city’s authority, according to the decision.
“Cities can use their police power to adopt ordinances for aesthetic reasons,” presiding Judge James Marchiano wrote. “‘Blight’ may be in the eye of the beholder, but the aesthetic concerns underlying (the law) are widely shared and we have no basis to question their legitimacy.”
Disney also argued that the ordinance is bad policy because it discourages recreation.
“It is not our province to weigh the wisdom of the ordinance,” Marchiano wrote.
Concord City Attorney Craig Labadie said the court was right in deferring to the City Council.
“We’re very pleased with the ruling,” Labadie said. “We think the court got it right.”
Disney, 80, said the court’s decision did not even mention zoning, which was the crux of his argument. The ordinance only applies to people with RVs, so he said zoning changes constantly depending on who owns RVs.
“This decision says that the city can say that RVs are now contraband, depending on where they are,” Disney said Friday. “It’s really unfair to people.”
The ordinance is unfair to people with RVs who move to the city and don’t know the rule. And it’s unfair to him to limit what he can park on the property where he has lived for four decades, he said.
He has two sailboats and one small RV, he said — one more than the new ordinance allows.
And he did not get one of the special permits — his application was one day late, he said.
Contact Paul Thissen at 925-943-8163. Follow him at Twitter.com/pthissen.
Concord Ordinances
18.160.160 Parking and storage of recreational vehicles.
Recreational vehicles (see Chapter 18.20 CDC, General Terms) may only be parked or stored in front yards, side yards, rear yards, setbacks, and driveways under the following circumstances:
A. Storage Prohibited. The storage of recreational vehicles and commercial vehicles is prohibited in the following areas of any parcel of real property, unless set forth in subsections (B) and (C) of this section:
1. The area between any section of the front wall or foundation of a structure extending to the property line of interior and exterior side yards and the street;
2. Front yard areas;
3. Exterior side yards, unless behind a legally constructed opaque fence not less than six feet tall. At the option of the owner or occupant of the property, lattice not exceeding one foot in height may be affixed to the top of the fence;
4. Interior side yards, unless behind a legally constructed opaque fence not less than six feet tall. At the option of the owner or occupant of the property, lattice not exceeding one foot in height may be affixed to the top of the fence;
5. Driveways; or
6. Except as may be permitted by subsections (C)(5) and (6) of this section, commercial vehicles may not be stored or parked on any parcel of real property in any single-family residential district, multifamily residential district, or mixed-use district if the use is a residential use. Commercial vehicles may be parked only during the course of providing a service or making deliveries to the residential property.
B. Recreational Vehicles. Except as provided in subsection (C) of this section, recreational vehicles may be parked or stored in a driveway, exterior or interior side yard, or the rear yard under the following circumstances only:
1. For the purpose of loading or unloading, not to exceed 72 hours before or after a trip; or
2. For the purpose of accommodating visitors who are traveling in the vehicle, not to exceed one week within any consecutive six-month period; or
3. Within the exterior or interior side yard behind a legally constructed opaque fence not less than six feet tall. At the option of the owner or occupant of the property, lattice not exceeding one foot in height may be affixed to the top of the fence; or
4. In the rear yard behind a legally constructed opaque fence not less than six feet tall. At the option of the owner or occupant of the property, lattice not exceeding one foot in height may be affixed to the top of the fence;
5. No more than two recreational vehicles, including boats and other recreational equipment registered to the owner or occupant of the property, may be stored on a parcel of real property, unless otherwise permitted by this code.
6. In the driveway, if the recreational vehicle is issued a recreational vehicle storage permit as provided in subsection (C) of this section.
FIGURE 18.160.160(A) – PARKING IN DRIVEWAY WITH VEHICLE STORAGE PERMIT
C. Permit Required to Store Recreational Vehicle – Grandfathering of Recreational Vehicles on Residential Properties.
1. For a 12-month period from the effective date of Concord Ordinance No. 08-7, effective December 31, 2008, a current owner (i.e., an owner as of the effective date of December 31, 2008) of a recreational vehicle, who is either the property owner or the occupant of the residential property, shall obtain a recreational vehicle storage permit from the city’s neighborhood services division to permit recreational vehicle parking on a driveway. The city council may, by resolution, extend this 12-month period as it deems appropriate. If the recreational vehicle owner does not apply for a recreational vehicle storage permit within the 12-month period of time from the effective date of Concord Ordinance No. 08-7 or any authorized extension thereof, the owner or occupant shall not be entitled to apply for said permit and must otherwise comply with the parking and storage regulations of this development code.
2. The recreational vehicle owner shall pay a fee as set forth in the resolution establishing fees and charges for various municipal services to offset the cost of processing the permit application and monitoring compliance therewith.
3. The neighborhood services division shall develop a program for administering the permit application process and enforcement of the permit.
4. The recreational vehicle storage permit may only be issued to the present recreational vehicle owner who is either the property owner or occupant of the residential property within the 12-month period following the effective date of Ordinance No. 08-7 (December 31, 2008).
5. No more than one recreational vehicle storage permit shall be issued for a single recreational vehicle for each residential property.
6. The owner or occupant of the residential property may sell and purchase a replacement recreational vehicle so long as it is the original owner or occupant of the residential property that initially obtained the permit.
7. Upon sale of the residential real property or the end of occupancy by the original permittee, the permit is deemed expired and shall have no legal force and effect. The new owner or occupant of the residential property shall not be entitled to a recreational vehicle storage permit and must comply with the storage and parking regulations as otherwise required by this code.
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Santa Clara County
Title C, Chapter 4.20
A. Storage of Recreational Vehicles. The following provisions apply to recreational vehicles (RVs) and similar vehicles parked or stored on residential lots, and shall apply in all zoning districts. They do not apply to approved commercial or industrial RV storage uses, RV parks, temporary agricultural residences (§ 4.10.385), temporary emergency housing following casualty (§ 4.20.090(B)), temporary residences during house construction (§ 4.10.380), or movable tiny homes (§ 1.30.030) that have been permitted by the County.
- No RV, camper, trailer, boat or similar vehicle may be parked or stored within a front or side yard for a period of more than 72 hours within any one calendar month; however, this provision shall not preclude such RV storage on portions of a front or side yard that are at least 75 feet from the front property line.
2. An RV, camper, trailer, boat or similar vehicle may be stored within a rear yard. On a corner lot abutting a key lot, such vehicles must additionally be set back from the side right-of-way a distance equal to the front yard setback of the adjacent key lot.
3. Any RV, camper, trailer, boat or similar vehicle stored on a lot must be registered to a resident of that lot.
4. No RV may be used for dwelling purposes while being parked or stored on the premises. Utility connections are not allowed except when necessary for limited maintenance activity.
5. Storage of RVs, campers, trailers, boats or similar vehicles in a manner inconsistent with the limitations of this section shall not be allowed, regardless of when such storage may have been established. This provision shall supersede any contrary provision of Chapter 4.50: Nonconforming Uses and Structures.
Monte Sereno
A. No portion of any lot, with a dwelling which is not occupied for human habitation or without a dwelling, and no portion of any front yard as defined in Section 10.01.020 AW, shall be used for the storage of any of the following except as otherwise provided herein:
- Motor vehicles, except automobiles or light trucks of three-quarter (0.75) ton size or less which are in fully operational condition and currently registered and licensed for operation on public highways and in regular use by members of the household occupying the premises; provided, however, that a motor vehicle less than seven (7) feet high or less than two hundred four (204) inches in overall length or less than nine thousand (9,000) pounds in gross vehicle weight shall be deemed an automobile or light truck for purposes of this Section;
2. Trailers of any kind or make as defined in the California Vehicle Code;
3. Boats or airplanes;
4. Parts of any of the above-described items;
5. Building or construction materials, except those materials reasonably required for work under construction on the premises pursuant to a valid and current building permit issued in accordance with Title 9; and
6. Trash, garbage or refuse, except as may be provided by Chapter 9 of Title 6.
B. No portion of any required side yard of a corner lot or any required rear yard of a through lot shall be used for the storage of any of the items described in Subsection A except where a fence has been legally constructed pursuant to applicable regulations and of sufficient height and type to screen the stored property from public view and to prevent it from becoming an attractive nuisance to children. For the purposes of this Section the fence shall be solid and opaque.
C. The term “storage” shall mean the physical presence of the items proscribed above for a period of eight (8) consecutive hours but excluding Saturday and Sunday of each week, within the proscribed lot or yard as such is defined and delineated in this Chapter including the public or private street upon which the lot fronts.
D. Any of the items described in Subsection A which have been stored on any lot or yard for more than eight (8) hours, and then removed, shall not again be stored on such lot or yard at any time within seventy-two (72) hours after removal therefrom.
E. The provisions of this Section shall not apply to any of the following:
- Vehicles or trailers in the process of being loaded or unloaded.
2. Vehicles or trailers belonging to guests of the owners of a particular property which are to be stored for a period of not to exceed seventy-two (72) hours.
3. Vehicles and trailers which are in fully operational condition and currently registered and licensed for operation on public highways, and which are stored outside of the public right-of-way of any street and on private property which is the residence of the owners thereof and within the R-1-8 Residential District, eight thousand (8,000) square foot lot size zoning district.
Current San Jose ordinances allow front yard RV/trailer parking without considering proximity to neighboring homes. Under certain configurations this can result in an RV/trailer parked unreasonably close to the living space of a neighbor’s home, significantly diminishing comfortable enjoyment of the home.
Menlo Park
Contra Costa County
(a) The mobile home, recreational vehicle, travel trailer, vessel, or vessel trailer is not used for living or sleeping purposes.
(b) The mobile home, recreational vehicle, travel trailer, vessel, or vessel trailer is adequately screened from view from all public roadways or thoroughfares.
Walnut Creek
10-2.3.111 Motor Homes, Trailers, Boats, Buses and Campers.
A. No mobile home, trailer, boat, bus or unmounted camper shell shall be parked or stored within any required front or street side yard in any residential district except under the following circumstances only:
1. For the purpose of loading or unloading, not to exceed twenty-four (24) hours before or after a trip; or
2. For the purpose of accommodating visitors who are traveling in the vehicle, not to exceed one week.
B. No motor home, in excess of twenty (20) feet in length and seven (7) feet in height, shall be parked or stored within any required front or street side yard in any residential district except under the following circumstances only:
1. If the motor home is the only vehicle registered to, and customarily used by, the owner or occupant of the premises; or
2. For the purpose of loading or unloading, not to exceed twenty-four (24) hours before or after a trip; or
3. For the purpose of accommodating visitors who are traveling in the vehicle, not to exceed one (1) week.
C. No motor home, mobile home, trailer, boat, bus, or camper (mounted or unmounted) shall be occupied for living, sleeping, or any other purpose while stored on any property other than a recreational vehicle park, provided however, that visitors traveling in any such vehicle may live or sleep in the vehicle for a period not to exceed one (1) week.
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