Lathrop Municipal Code Ch. 10.25 Vehicle Parking in Yards of Residential Areas

The purpose and intent is to improve the safety and well-being of the community. Some fluids within vehicles are highly flammable and vegetation on a residential property can act as an accelerant. Vehicles may also restrict public safety access to the property and consequently hinder the ability of fire personnel to put out fires that may occur and also hinder the ability of public safety personnel to operate effectively during emergencies. This section is intended for all new and existing uses that meet the standards set within this section.

(Ord. 09-292 § 1; Ord. 21-418 § 5)

"Additional vehicle space"

means an area next to the driveway that can be used for direct access to the side and rear yards and is not in the defined area of the front yard. This area shall not exceed a width of more than 12 feet.

"Approved surfacing materials" or "approved surface"

means cement, asphalt, brick, concrete, or paving blocks at least four inches thick. The surfacing design and installation used shall prevent contaminants from entering the storm drain system, and shall prevent dust, mud, loose gravel, debris, or dirt from being carried on vehicle tires onto adjacent public streets.

"Clean dirt"

is dirt that had been cleared of all live or dead vegetation which include, but are not limited to: weeds, grass, leaves, or junk/garbage/debris.

"Compacted gravel"

is rock one-quarter inch to one and one-half inches in size that is laid four inches thick which is rolled or compacted and graded so that run-off will not run onto neighboring property.

"Driveway"

means the paved area with approved surface materials no wider than the garage or carport on the property. It can also be a straight-on space paved with approved surface materials located within the front yard and not within the extended side yard, perpendicular to the street and no wider than 20 feet, that allows for vehicles to be parked in the front of the house if there is no garage, if such space is in existence on the effective date of the ordinance codified in this chapter. This garage area will be the existing straight-on drive space that has already been used by the responsible person as a driveway. If there were an existing driveway where there is no approved surface on the driveway prior to the ordinance codified in this chapter, approved surfacing materials would not need to be installed until there is an expansion or remodeling greater than 25% of the assessed value of the existing structure.

"Front yard"

means a yard or area that is immediately in front of a structure that is part of the lot on which the residential unit is located. This does not include the area used as a driveway or additional parking space.

"Garage"

is a properly permitted building or structure where vehicles may be stored, including a carport.

"Rear yard"

means property immediately behind a structure that is part of the lot on which the residential unit is located.

"Responsible person"

means the legal owner of the property per the records from the county assessor's office and/or a renter. Where the legal owner is more than one individual, the term refers to all such owner individuals.

"Secondary driveway"

means a secondary access driveway to the primary driveway with approved surface materials subject to the standards in Section 10.25.060.

"Side yard"

means a yard or area that is abutted by the side lot line on one side, the main structure on the other side and starts from the furthermost structure on the property, not including any portion of a required front yard or required rear yard. Side yards must have a solid six-foot fence made with like materials installed to help reduce views from the public right-of-way.

"Structure"

means all buildings including, but not limited to, houses, sheds, garages, carports, coverings such as canopies and pop-up tents, and fences.

"Vehicle"

means a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power.

(Ord. 09-292 § 1; Ord. 21-418 § 5)

A. It is unlawful and a public nuisance for any responsible person to maintain or allow to be maintained, the parking of vehicles in the front yard on lawns, vegetation, dirt, or any other surface(s).

B. Residential properties may have additional impervious surface provided that a minimum of 35% of the required front yard is landscaped as prescribed in Chapter 17.92.

C. If the responsible person has no garage, as of the date of adoption of the ordinance codified in this chapter, he or she may only park vehicles as will fit in the existing straight-on drive space that meets the definition of a driveway and additional vehicle space.

(Ord. 09-292 § 1; Ord. 18-384 § 1; Ord. 21-418 § 5)

If the responsible person wishes to park vehicles in his or her rear yard, the vehicle shall be parked on an approved surface, compacted gravel, or clean dirt. Vehicles must be set away at least three feet from the rear yard fence and three feet from all structures. This is intended to grant egress and ingress of safety personnel and equipment during fire or police emergencies. Rear yards shall not be used as a storage place for vehicles to be stowed away for commercial purposes.

(Ord. 09-292 § 1; Ord. 19-405 § 1; Ord. 21-418 § 5)

A side yard, area between house and side yard fence, may be used as a path to transport vehicles into the rear yard. Any vehicle parked on a side yard must be on an approved surfacing material, compacted gravel or clean dirt and behind an approved fence made of like materials. At least one side yard must have a setback of at least three feet from all structures, in which no vehicle may be parked, to allow ingress and egress for emergency situations. An operational gate with no obstructions shall be in place on the three-foot setback side yard that will be used for ingress and egress.

(Ord. 09-292 § 1; Ord. 21-418 § 5)

Access to a Rear or Side Yard.

A. If stored within a side or rear yard, a secondary driveway may be permitted to allow a non-commercial vehicle such as a trailer, recreational vehicle (RV), motorhome, boat mounted on a trailer, or similar equipment to access the rear or side yard subject to the following standards:

1. The property owner shall agree to record, on the title of the property, a Notice of Limitation of Use for Secondary Driveway prior to construction to ensure the secondary driveway meets the standards and intent of this section and title.

2. A vehicle shall be stored behind a solid fence with the intent of screening the non-commercial vehicle.

3. A vehicle may not be parked or stored on the secondary driveway.

4. The secondary driveway shall not eliminate or restrict on-street parking. Access to the secondary driveway may be blocked by a parked vehicle.

5. A secondary driveway may be improved with surface materials designed so that only the tire width of the vehicle is paved with concrete or other alternative materials. The secondary driveway is permitted within the public right-of-way (i.e. parkway strip) subject to the review and approval from the public works department.

6. The secondary driveway shall be consistent with the City's Standard Details. Use of the pedestrian ramp for vehicular purpose is prohibited.

(Ord. 21-418 § 5)

All vehicles parked in the front, side, rear yards, and/or within public view must be operational and registered as required by Section 8.32.080 and Chapter 10.28 of this code.

(Ord. 09-292 § 1; Ord. 21-418 § 5)

All approved parking surfaces must be installed so that runoff will not escape onto neighboring property.

(Ord. 09-292 § 1; Ord. 21-418 § 5)

Active construction sites in residential areas containing unpaved sections requiring access thereto for necessary construction activities are exempt from the paving and requirements of this chapter; provided, however, that the public works director, or his or her lawful representative, is empowered to order such temporary measures as are reasonably necessary to ensure that dust, mud and debris are not deposited on the public streets, sidewalks, or ways by construction vehicles, including requiring a bond for the performance of such measures; provided further, that the public works director, or his or her lawful representative, may order restrictions on the on-site parking of vehicles owned by construction workers on the site to avoid the deposit of dust, mud and other debris on public ways or streets.

(Ord. 09-292 § 1; Ord. 21-418 § 5)

Notwithstanding Section 10.25.020 of this chapter for the definition for driveways of an approved surfacing material, whether a complete circle or u-shaped, (with the driveway being used as the only entrance and exit or unless additional entrances and exits are approved by the public works department in the form of an encroachment permit) is in place prior to the effective date of the ordinance codified in this chapter, shall be allowed to remain, and be used as a driveway, provided that, if an expansion or remodeling greater than 25% of the assessed value of the existing structure is undertaken, the circular driveway must be removed and/or an approved driveway must be installed with approved surfacing materials. This area shall not exceed a width of more than 12 feet unless the area has been approved by the city of Lathrop and/or the public works department. The existing area shall have a minimum of 15% of the net site area landscaped with approved landscaping materials.

(Ord. 09-292 § 1; Ord. 21-418 § 5)

Notwithstanding the above, properties which have any portion of the front yard covered with any of the approved parking surfaces prior to the effective date of the ordinance codified in this chapter, shall be allowed to use them as driveways or additional vehicle spaces (with the driveway being used as the only entrance and exit or unless additional entrances and exits are approved by the public works department in the form of an encroachment permit), provided that, if an expansion or remodeling greater than 25% of the assessed value of the existing structure is undertaken, the approved materials in the front yard must be removed and approved landscaping materials shall be installed and a driveway must be installed with approved surfacing materials.

(Ord. 09-292 § 1; Ord. 18-384 § 1; Ord. 21-418 § 5)

If a responsible person is in violation of this chapter, notice shall be given to such person to remove the vehicle(s). The notice shall be served by mail and may also be made by making personal contact at the property or posting the notice at the property. The notice shall also set out the information required in the administrative enforcement code (Title 1 of this Code).

(Ord. 09-292 § 1; Ord. 21-418 § 5)

Any violation of this title may be addressed pursuant to Chapter 1.16 of this code as an infraction or may at the city's discretion be prosecuted pursuant to Chapter 1.12 of this code.

(Ord. 09-292 § 1; Ord. 21-418 § 5)