Antioch City Council Updates Recreational Vehicle Parking Ordinance

The Antioch City Council took the first step in approving an updated regulation to allow residents to park recreational motor vehicles in their front yard and side yard of their property within the City of Antioch.

During Tuesday nights meeting, under the direction of council, which was approved in a 3-2 vote, the new regulations include a permitting process for recreational vehicles which includes no fees, a setback requirement, however, it still caps the number of permits allowed in the city of Antioch.

The item has come up in several meetings since the start of the year beginning at the February 22 meeting and again on May 15 regarding the parking of recreational vehicles on private residential property. Residents have been seeking to change the current ordinance which was put in place in 2008 which limited registration to that time period. It also identified how vehicles could be parked on property.

The Recreational Vehicle (RV) Permit program was established in the Antioch Municipal Code and allowed owners or renters to apply for a RV Permit from October 23, 2007 until April 30, 2008. During this time, the City of Antioch issued 445 RV Permits. From May 1, 2008 until May 13, 2009, the program was evidently continued, and an additional 519 RV Permits were issued. By the end of this initial period, a total of 964 RV Permits had been issued. Since 2009, the City of Antioch has issued an additional 352 replacement RV Permits

According to the May 15 agenda, The City of Antioch currently recognizes a total of 946 RV Permits.

On Tuesday night, Councilmember Mike Barbanica stated he had been torn on the issue and has spoken to a lot of people regarding this item. He said he felt for people who wanted to have the RV’s in their yard.

“One of the things is when this first came out, I had more people contact me to approve this vote, but as time went on, the amount of people who did not want this was overwhelming,” explained Barbanica. “Overwhelmingly, people do not want that moratorium lifted. I was torn on this, I went back and forth.”

Barbanica said he found that residents of this community did not want this and could not support this as proposed.

After some discussion, Councilmember Tamisha Torres-Walker moved to approve the ordinance with a few changes which included the vehicle to be registered to the property owner or tenant per drivers license and registration. She also requested a 3-foot setback requirement.

Councilmember Lori Ogorchock stated she went back to the May meeting which today’s proposal was not what council asked for—which at that time, was to bring back information on how recreational vehicles should be stored, whether or not to include a permit process or not and the Mayor gave direction to come back with two models to move forward which all parties were in favor of that.

“That is not what the direction was to come back to tonight,” said Ogorchock. “I am disappointed, honestly, what the direction was, is not at all in this.”

After Torres-Walker made her motion with the proposed changes, Councilmember Lori Ogorchock offered a substitute motion—which sought to prevent a free-for-all with recreational vehicle parking.

In her substitution motion, Ogorchock included a permitting process, continue the current rules set forth including the items by Torres-Walker, no fees, and limiting the number of permits allowed and to waive the first reading.

Mayor Lamar Thorpe asked Torres-Walker if she would be willing to amend her motion to what Ogorchock proposed in her substitute. Torres-Walker declined.

Ogorchock moved forward with her substitute motion.

Thorpe then clarified what Ogorchock was asking for which was a permitting process, no fees, and a certain amount of permit which council could decide—and all the rules stated tonight.

Councilmember Monica Wilson stated that limiting the number of permits gave her “pause” because in 10-years they will be back to this same place.

Councilmember Mike Barbanica seconded the motion so they could have an “up or down” on the motion.

Thorpe stated he agreed with the permitting process without the fees but did not like limiting the number of permits.

“I do think we need a way of how we are capturing this information,” stated Thorpe  who didn’t like leaving this out there for people to complain in the future.

Torres-Walker stated she did not agree with a certain number of permits because she did not want to regulate what people do on their own properties, but did agree with the permitting process.

The council then voted 3-2 in favor of the substitute motion with Ogorchock, Barbanica, and Wilson in support. Thorpe and Torres-Walker voted against.

The item will now be returned for a second reading in the future.

“I just want to remind everybody that we will be back  in another couple of years when that 200 limited number of permits is exceeded and people want more permits. We will be back here and I hope the next council is willing to do the right thing,” stated Torres-Walker.

Mayor Thorpe added, “I don’t think we solved this tonight.”

Here is a look at the Ordinance:

SECTION 1:
The Antioch Municipal Code regulates the parking of motor vehicles, including
recreational vehicles, on residentially used property through in Title 5, Chapter 1, Property Maintenance, and in Title 9, Chapter 5, Zoning.

SECTION 2:
The City Council finds that current regulations do not adequately and equitably regulate the parking of motor vehicles, including recreational vehicles, as they rely on a registration process that is not available to new residents and offer differing standards for automobiles and recreational vehicles.

SECTION 3:
The City Council finds that it is in the public interest to expand opportunities for parking motor vehicles, including recreational vehicles, on residentially used property subject to clear and fair standards and regulations.

SECTION 4:
Section 5-1.201.1, When Storage of a Recreational Vehicle is a Public Nuisance, is hereby repealed. Section 5-1.202(D), Parking and Storage of Vehicles and Equipment, is hereby amended to read as follows:

(D) Parking and storage of vehicles and equipment.
(1) Any outdoor parking or storage of any inoperable, wrecked, dismantled, salvaged, abandoned vehicle, or parts thereof, including watercraft so that it is within the view from the public right-of-way:
(a) Any vehicle that is not currently registered with the California Department of Motor Vehicles to operate legally on a public street is deemed inoperable for purposes of this section.
(b) Lawfully operating junk yards are exempt from § 5-1.201(A) provided such businesses are located within a zone permitting such business and conducted in accordance with all regulations applicable thereto.
(2) Parking or storage of motor vehicles or other mobile equipment in any area not designated as a parking space on the approved site plan or on any unpaved surface including, but not limited to, dirt, grass or any other surface that is not concrete or a similar paving material.
(13) Parking or storage of construction equipment or machinery or other industrial or commercial equipment or machinery in any area zoned for residential uses so that it is within the view from the public right-of-way except while excavation, construction or demolition operations covered by an active building or demolition permit are in progress on the property.

Section 9-5.3830, Recreational Vehicles, is hereby repealed and replaced with the following:

9-5.3830 PARKING AND STORAGE OF MOTOR VEHICLES ON RESIDENTIAL
PARCELS.
It shall be unlawful for any person to keep or maintain or to permit to be placed, kept, or maintained any motor vehicle on any lot, piece, or parcel of land used for residential purposes, except as follows:
(A) All Locations: The parking of a motor vehicle on any parcel used for residential purposes is subject to the following standards:
(1) The motor vehicle, if taller than 8 feet, shall not be parked closer than 3 feet from an adjoining parcel.
(2) A motor vehicle, including recreational vehicles, shall not be inhabited for any duration, as prohibited by Section 9-5.3830.
(3) The motor vehicle may not be parked within 3 feet of a bedroom window or other required emergency egress window, or within 3 feet of an electrical panel or gas meter.
(4) Except for recreational vehicles, only vehicles with payload classifications of Class 1, Class 2, and/or Class 3, as defined by the U.S. Department of Transportation, may be parked on any parcel used for residential purposes.
(5) Drainage from paved surfaces shall be contained wholly on the subject site and shall not be conveyed to a neighboring property.
(6) The parking of vehicles or associated improvements are subject to the provisions of any underlying easement. Any improvements within or impacting the public right-of-way are subject to the prior issuance of an
Encroachment Permit.
(B) Front Yard: When parked in the front yard, the motor vehicle shall be subject to the following standards:
(1) The motor vehicle may be parked on the driveway to the existing garage or on an attached extension.
(2) The motor vehicle may be parked on an attached extension of the existing driveway apron, subject to the following standards:
(a) The extension shall be paved with concrete or other material similar to the existing paved driveway.

(b) The extension shall only be located within the area between the existing driveway and the nearest interior property line.
(c) The extension may extend inward to the center of the front yard no more than three feet.
(d) Detached driveways or parking pads are prohibited.
(e) A maximum of 50% of the front yard may be paved for parking purposes.
(3) The motor vehicle, including recreational vehicles and motor vehicles stored on trailers, shall be operational and registered with the Department of Motor Vehicles as required by Section 5-1.202(D). Non-operational registration is
permitted, though the vehicle must remain functionally operational.
(a) Vehicle under repair may be permitted as regulated by Section 9-5.902.
(4) Utility trailers may not be stored containing garbage, debris or other waste.
(5) The motor vehicle shall not be parked in such a manner as to overhang a public or private sidewalk.
(6) The motor vehicle, including any associated cover, shall be maintained in good repair with all exterior finishes in operable, watertight condition.
(7) A maximum of one recreational vehicle may be stored in a single front yard.
(8) The motor vehicle shall not be parked in such a manner as to present a site obstruction as described by Section 9-5.1101.
(C) Rear Yard: When parked in the rear yard, the motor vehicle shall be subject to the following standards:
(1) The motor vehicle shall be stored behind a 6 feet solid fence or gate.
(2) The motor vehicle shall be parked on a surface paved with concrete or similar material, or on pervious gravel.
(3) Access to the rear yard must be from either the interior side yard adjacent to the existing driveway or, on corner lots, from a separate driveway from the adjoining frontage. Access may not be across the front yard. New driveways or access points are subject to approval of the City Engineer.

Section 9-5.203, Definitions, is hereby amended to include the following definitions:

RECREATIONAL VEHICLE. A personal vehicle, including but not limited to, a camping trailer, motorhome, tent trailer, fifth-wheel trailer, unmounted camper shell, boat, personal watercraft, utility trailer, or other mobile recreational
equipment or watercraft, or any empty trailer intended for or capable of carrying any of the above.

MOTOR VEHICLE. Any automobile, truck, trailer, Recreational Vehicle, or other vehicle or equipment that is required to be registered with the California Department of Motor Vehicles

SECTION 5: Severability:
If any section, subsection, provision or part of this ordinance, or its application to any person or circumstance, is held to be unconstitutional or otherwise invalid, the remainder of this ordinance, and the application of such provision to other person or circumstances, shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this ordinance are severable.

SECTION 6. CEQA.
(3) “The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”

SECTION 7:
This ordinance shall take effect and be enforced thirty (30) days from and after the date of its adoption and shall be published once within fifteen (15) days upon passage and adoption in a newspaper of general circulation printed and published in the City of Antioch.

* * * * * * *
I HEREBY CERTIFY that the forgoing ordinance was introduced and adopted at a
regular meeting of the City Council of the City of Antioch, held on the ____ of _____ 2022,
and passed and adopted at a regular meeting thereof, held on the ____ day of _____
2022, by the following vote: