HomeMy WebLinkAboutOrd 235 ORDINANCE NO. 235
AN ORDINANCE OF THE CITY OF CATHEDRAL
CITY, CALIFORNIA, AMENDING THE
CATHEDRAL CITY MUNICIPAL CODE BY
ADDING CHAPTER 11.74, "VEHICLE
PARKING AND REPAIRS IN RESIDENTIAL
a DISTRICTS. "
The City Council of the City of Cathedral City does ordain as
follows:
SECTION 1. A new chapter, to be numbered Chapter 11.74, is
added to the Cathedral City Municipal Code, to read as follows:
VEHICLE PARKING AND REPAIRS
IN RESIDENTIAL DISTRICTS
Sections:
11.74 . 010 Definitions
11.74 . 020 Generally
11.74 . 030 Council Findings
11.74 . 040 Parking and Repairing of Vehicles
11.74. 050 Exemptions
11. 74. 060 Designated Parking Areas
11.74. 070 Parking in Parkway
11.74 . 080 Enforcement
11.74 . 090 Penalty
11.74 . 010 Definitions. For the purpose of this chapter the
following definitions shall apply:
A. "Designated parking area" is an area which has been
approved by the City's Director of Community Development for
parking of vehicles.
B. "immediate neighborhood" means all other properties within
the same or the abutting block of a map or subdivision, and all
properties within 300 feet of any lot line of the parcel
involvement.
C. "parkway" is the area within the public right-of-way
between the curb face and the property line. If a curb does not
exist, a parkway shall not exist.
D. "public right of way" means any street, alley, pedestrian
walkway, channel or bridge which the public has a right to use
E. "front yard" means that part of the lot between the front
lot line and the front of the principal building on the lot, and
extended to both side lot lines.
F. "street side yard" means that part of a lot between the
principal building on the lot and extending to the property line
of the side street of corner lots.
G. "vehicle" is any vehicle movable or designed to be movable
by its own power or pulled or designed to be pulled by another
vehicle with motor power. Vehicle includes, but is not limited
to, automobile, truck, boat, trailer, motorcycle, and recreational
vehicle. Vehicle does not include bicycle.
11.74. 020 Generally. This chapter is not the exclusive
regulation of public nuisances, but shall supplement and be in
addition to other regulatory codes, statutes, and ordinances
heretofore or hereafter enacted by the city, state, or any other
local entity or agency having jurisdiction.
11.74 . 030 Council Findings. The City Council finds and
determines that the existence of the following conditions and
practices are detrimentally offensive to the public health, safety
and welfare of the general public.
A. Parking and repairing vehicles in front and street side
yards and vacant lots and the repairing of vehicles in residential
areas is offensive to the senses. It proves to be an eyesore to
the entire community, and detracts from property values of other
properties in the immediate neighborhood.
B. Because such parking or repairing of vehicles in
residential areas is offensive to the senses, it deprives residents
of Cathedral City of the comfortable enjoyment of life and
property. It detrimentally affects property values in the
immediate neighborhood.
C. Such conditions and practices can create line-of-sight
hazards by impairment of vision of drivers in vehicles at corners,
driveways and intersections.
11.74 . 040 Parking and Repairing of Vehicles. It is a public
nuisance and prohibited for any person owning, leasing, occupying
or having control of any premises in any residential district or
any lot or property used for residential purposes in the city to:
A. Permit or allow parking of vehicles in front yards and
street side yards and vacant lots, at any time, except in
designated driveways or other designated parking areas, in any
residential district, or on any lot or property used for
residential purposes;
B. Permit or allow repairing of vehicles except as permitted
in Section 11.74 . 050, or outdoor storage of parts, tools, or
equipment, on any lot in any residential district or on any lot or
property used for residential purposes, and to permit or allow any
wrecking, dismantling, disassembly, engine or transmission removal,
or storing of wrecked or scrapped vehicles on any such lot. No
service or repair work on any vehicle not owned by the person
residing on said lot shall be permitted. No vehicle shall be left
in a state of visible disrepair, or on one or more jacks or blocks,
or without one or more wheels or tires, or with one or more tires
deflated, or otherwise in any condition creating a nuisance in the
neighborhood, for a period in excess of seventy two (72) hours, in
any area visible from a public right of way.
11.74 . 050 Exemptions. This chapter shall not apply to:
A. Parking of operable vehicles in designated driveways and
designated parking spaces.
B. Emergency repairs or service to a vehicle owned by the
person residing on said lot which are conducted in areas where such
activity is otherwise prohibited by this section, provided any such
repairs or service do not extend beyond a period of seventy-two
hours.
C. Repairs conducted inside a fully enclosed garage, provided
the work does not produce noise or odor and is not visible from a
public right-of-way.
D. Nothing herein shall be interpreted to prevent minor
repairs including tune ups, electrical system work, repairs of
tires and brakes on vehicles; service work, including replacement
of wipers and wiper blades, lubrication and oil changes performed
in such a manner that discharges from vehicles are retained in
containers meeting federal standards, and performed in such a
manner as to assure that oil and water drained from a vehicle are
not drained onto the grounds. Storage of parts and products
related to any such service work solely for vehicles then owned by
an occupant of that residence will be permitted under cover,
provided such storage is not visible from a public right of way.
It shall be prima facie proof of violation hereof for any vehicle
to remain in a state of disrepair or undergoing repair for a period
in excess of seventy two (72) hours; however, it shall be a defense
to an allegation of violation that necessary repair parts have been
duly ordered, and the owner or occupant of the residential premises
is in good faith awaiting arrival of such parts which are not yet
available. The burden of proof of such a defense shall be upon the
person claiming such a defense. The Director of Community
Development shall be authorized to order any vehicle awaiting parts
to be placed under suitable cover, or removed to a site not visible
from a public right of way.
E. Notwithstanding the provisions of Section 11.74 . 040 above,
a Collector of vehicles of historical value, as defined in Vehicle
Code Section 5004, may store special interest vehicles, as defined
in Vehicle Code Section 5051, and parts cars, as defined in Vehicle
Code Section 5051, on private property in outdoor storage under
cover in a rear yard or side yard not fronting on a street,
provided that each such vehicle shall be located away from public
view, or screened from ordinary public view, or by means of a
suitable fence, trees, shrubbery, opaque covering which completely
covers the vehicle and is sufficiently opaque that no part of the
vehicle is open to ordinary public view, or by other appropriate
means. The Director of Community Development shall have authority
to determine whether the screening is adequate in any individual
case, and the Director of Community Development shall be authorized
to determine any such storage to be illegal if he finds that the
screening provided is not adequate under all existing
circumstances. This exemption shall apply only to vehicles owned
by and registered to a collector as defined in Vehicle Code Section
5051.
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11.74.060 Designated Parking Areas. In addition to
authorized parking in garages and designated driveways, the
occupants of any lot in any residential district or of any lot or
property used for residential purposes may designate an area
thereof as a designed parking area with the written approval of the
Director of Community Development; the Director of Community
Development shall review any such designated parking area, and
shall approve the area if no other more suitable area can be found
on the property for such purpose. In approving the area, the
Director of Community Development may specify the dimensions and
location of such designated parking area; require paving with
concrete, asphalt, gravel, crushed granite, or other suitable
parking area materials, and may establish appropriate conditions
for screening, including walls, shrubbery, or other material, and
any other conditions deemed reasonably necessary by the Director
to protect the property values of other properties in the immediate
neighborhood. The Director shall also consider all reasonable
alternate sites within the parcel involved, including, if feasible,
the rear or side yards, to avoid, when possible, the location of
designated parking areas in the areas visible from the public
street. The Director of Community Development may promulgate rules
to guide staff members in the implementation of this section. It
is the intent of this provision to permit a designated parking area
whenever feasible; nothing herein shall be interpreted to preclude
or prevent the parking or recreational vehicles on a residential
lot provided that it is on a driveway or designated parking area.
No designation of a designated parking area is required in a back
yard or side yard not fronting on a street.
11.74. 070 Parking in Parkway. It is a public nuisance to
park, or permit to be parked, a vehicle within a public parkway.
11.74.080 Enforcement. The City may elect to enforce
compliance with this ordinance by taking action in the name of the
City in a court of competent jurisdiction, through prosecution for
violation of the ordinance, or through injunctive or other civil
relief, or may abate the nuisance in accordance with the procedures
specified in Chapter 11.72 of this Code.
11.74.090 Penalties. Any person owning, leasing, occupying
or having control of any lot or premises within the City who
permits or allows the existence of a public nuisance as defined in
this Chapter, or violates any provisions of this Chapter, is guilty
of a violation of a City ordinance in accordance with Section
1. 01. 200 of this Code. The provisions of this section are
supplemental and in addition to, and independent from, the
provisions of Chapter 11.72 of the Cathedral City Municipal Code.
Nothing herein shall require that the City first proceed under
those provisions. Nothing herein shall be construed to prevent the
City from selecting among appropriate remedies or from pursuing two
or more different remedies for the same nuisance, in order to
assure that the nuisance is adequately abated, and is not likely
to recur.
SECTION 2. Severability. If any section, subsection,
sentence, clause or phrase of this ordinance is for any reason held
illegal, invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the
validity of the remaining portions hereof. The Council hereby
F
declares that it would have passed this ordinance and each section,
subsection, sentence, clause and phrase hereof irrespective of the
fact that any one or more sections, subsections, sentences,
clauses, or phrases be declared illegal, invalid or
unconstitutional.
SECTION 3 . EFFECTIVE DATE. This ordinance shall be in
full force and effect thirty (30) days after passage.
SECTION 4. POSTING. The City Clerk shall within 15 days
after the passage of this ordinance, cause it to be posted in a at
least the three public places designated by resolution of the City
Council; shall certify to the adoption and posting of this
ordinance; and shall cause this ordinance and its certification,
together with proof of posting, to be entered in the book of
ordinances of this City.
The foregoing ordinance was approved and adopted at a meeting
of the City Council held on February 1, 1989 , by the
following vote:
Ayes: Councilmembers Di Grandi, Hillery, Krings, and Murphy
Mayor Hardie
Noes: None
Absent: None /
MA •R
ATT ST: .
CI Y CLER11
APPROVED AS TO ORM: APPR• lED AS TO CONTENT:
/// - _ A • C, i-41W
CITY ATTORNEY / CI v • -'•GER
HEREBY CERTIFY, UNDER PENALTY OF PERJURY, THAT THE
FOREGOING ORDINANCE NO. c: -' 5--- WAS DULY ADOPTED
BY THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY,
CALIFORNIAiN A MEETING THEREOF HELD ON THE t Cct
DAY OF , • . ,198 C , AND THAT SAME WAS POSTED
L IN AT LE A ST THE T ; . •E PUBLIC PLACES SPECIFIED FOR SUCH
POSTINGS, BY THE S• D CITY COUNCIL.
U►�. . 1I _; �L) • .
caw (1TV CLERK