work session memo - Amazon AWS

Agenda Date: ________ Agenda Item: ________

WORK SESSION MEMO Approved and Forwarded to City Council:

Date:

June 26, 2018

To:

Bryan H. Montgomery, City Manager

From:

Joshua McMurray, Planning Manager

SUBJECT:

WORK SESSION – Update on the Use of ADA Ramps and NonCompliant Driveways for RV, Boat and other Vehicle Parking and Storage

Bryan H. Montgomery, City Manager

Summary The City Council has discussed the topic of ADA ramps and non-compliant driveways being used for RV and boat parking and storage at two previous Work Sessions on March 13th and May 22nd of this year. The discussion to this point has been focused on explaining the issue and gathering feedback from the City Council and from the public. Staff has taken the input received and created a list of items for further discussion at this meeting. It is hoped that input received at this third work session will lead to specific direction to draft revisions to the applicable codes that will be brought back to the City Council at the July 10th City Council meeting for formal consideration. Discussion Points 

There is no compromise on line-of-sight safety triangles and enforcement is immediate and ongoing.

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An “add-on” driveway adjacent to the garage and existing legal driveway is permitted. o These driveways are to be only accessible from legally-established driveway approach aprons. o Additions to permitted driveways must consist of a matching material to the original driveway or a decorative solid material such as pavers or stamped concrete, subject to City review and approval. o Additions to permitted driveways and parking areas may not consist of loose materials such as gravel, decomposed granite, dirt, or rocks, even if sprayed with a bonding agent. o Only one driveway is permitted on residential lots less than 15,000 square feet. (This is a current development standard). o Two driveways may be permitted for lots greater than 15,000 square feet after receiving an encroachment permit and in compliance with

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the maximum coverage allowances - generally, at least 50% of front is to be landscaped. (This is a current development standard). 

Non-permitted driveways installed prior to June 1, 2018 that utilize the sidewalk or ADA ramps to access side yards may remain. No future installations will be allowed to remain. o An option for the Council to consider is to require residents with these non-permitted driveways to make application prior to September 1, 2018 that asserts by attestation and documents by photos that the non-permitted driveway existed prior to June 1st, acknowledges that the non-permitted driveway was never permitted, that any damage to the sidewalk and/or ADA ramp is the sole responsibility and liability of the resident, and that the resident indemnifies and holds harmless the City for any claim, injury or adverse incident that occurs due to the use of the non-permitted driveway. o A further option to consider is to have the resident agree in the attestation to disconnect the non-permitted driveway by at least 5’ from the sidewalk and/or ADA ramp now or upon transfer of ownership. Of course, another option is to allow the pre-June 1st improvements to remain without the commitment to disconnect.

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Effective November 1, 2018, no parking of any type of vehicle is allowed on any pre-existing non-permitted driveway. A pre-existing non-permitted driveway may be used as access to a side or rear yard (outside of front yard) for parking of a vehicle behind a minimum 6’ high solid fence. o The user of the driveway understands that on-street parking on public streets is not reserved for residents of the adjacent home, and in no circumstance does that resident/owner reserve the right to blockade, cone off, or otherwise reserve access to and from the driveway over a sidewalk or pedestrian ramp, except through the legal parking of a registered street vehicle. No blocks, ramps or other obstructions may be placed in the gutter alongside a sidewalk.

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Effective November 1, 2018, only one RV/Boat/Trailer is allowed to be parked on a permitted or “add-on” driveway within the front yard setback. This one RV/Boat/Trailer must be registered to the owner or renter of the property where it is parked. o Our Code provisions should acknowledge that subdivision CC&Rs may prohibit this parking, but those CC&R provisions are not enforced by the City and only can be addressed by affected residents or an HOA making claim against resident violating the CC&Rs.

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There would be no limit to the number of RVs/Boats/Trailers in the side yard as long as these are shielded by a 6’ solid fence, are not occupied, and do not pose a risk to health, safety, and welfare, as determined by the City.

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

Staff will work with developers on new subdivisions to include some homes that provide for space on the garage side of homes so residents can use their legal driveway to put an RV or put into their side yard. (This is a current development standard).

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Staff will also work with realtors and contractors so that they understand the applicable codes.

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Currently, those that load and off-load their RVs or boats on the public street are allowed to do so 48 hours before and 48 hours after their trip if they obtain a permit from the Police Department, but are limited to two permits per month. A consideration is to allow up to four per month for those that have a driveway that is either too short or too steep to accommodate the loading and off-loading of an RV or boat. All others must use their driveways and not the public street.

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Homes that, as of June 1, 2018, have cemented in more than 50% of the front yard setback will be asked to remove the cement in order to comply with the landscaping requirements prior to November 1, 2018; or, alternatively, the cement may remain but a Notice of Zoning Violation will be placed on the property that requires compliance with these requirements at a future date.

Recommendation Staff recommends the City Council receive Staff’s report, hold a work session soliciting additional input from the public, and provide direction to Staff to move forward with amendments to the existing code. Attachments 1. March 13, 2018 Work Session Staff Report 2. May 22, 2018 Work Session Staff Report