Chapter 5.72 — RECREATIONAL VEHICLE ON UNDEVELOPED PROPERTY PILOT PROGRAM

This Chapter shall be known as the Recreational Vehicle on Undeveloped Property Pilot Program Regulations, and establishes a pilot program to allow recreational vehicles to be parked and occupied on private, undeveloped property where residential activities are permitted within the City of Oakland under the Oakland Planning Code.

(Ord. No. 13611, § 3(Exh. A), 7-28-2020)

When used in this Chapter, the following terms shall have the definitions provided herein, whether or not such terms are capitalized.

"Administrative Guidelines" means the document prepared by the City Administrator or his/her designee, used to administer the Recreational Vehicle on Undeveloped Property Pilot Program.

"Applicant" means the owner of undeveloped property who seeks a Temporary RV Occupancy Permit from the City of Oakland.

"Occupy" means to use as a place of residence and includes permitting another person or persons to use as a place of residence.

"O.M.C." means the City of Oakland Municipal Code.

"Recreational vehicle" or "RV" shall be as defined by Section 18010 of the California Health & Safety Code.

"Residential activities" shall have the same meaning as in Chapter 17.10 of the Oakland Planning Code.

"Temporary RV Occupancy Permit" is the City of Oakland's annual or temporary permit required to store, maintain, occupy, or permit to occupy a recreational vehicle on a private, undeveloped property within the Oakland city limits. Only one recreational vehicle shall be permitted per permit and per parcel.

"Undeveloped property" means a contiguous unit of real property, under one ownership and consisting of any number of legal parcels, upon which no permanent improvements have been constructed or placed, notwithstanding any adjacent developed parcel(s) under the same ownership.

(Ord. No. 13611, § 3(Exh. A), 7-28-2020)

The City Administrator or his/her designee is hereby authorized to adopt rules and regulations consistent with this Chapter as needed to implement this Chapter, subject to the review and approval of the Office of the City Attorney, and to develop all related forms and/or other materials and take other steps as needed to implement this Chapter, and make such interpretations of this Chapter as he or she may consider necessary to achieve the purposes of this Chapter.

(Ord. No. 13611, § 3(Exh. A), 7-28-2020)

A.

Except as may be allowed within a lawfully permitted mobile home park, it shall be unlawful for any individual, group, or legal entity to occupy, or permit to occupy a recreational vehicle on private property in the City of Oakland without first obtaining a Temporary RV Occupancy Permit as specified in this Chapter. Permitting occupancy of a recreational vehicle on private property without such a valid form of city permission is a public nuisance, as defined in this Code.

B.

Any individual, group, or legal entity owning undeveloped property and desiring to occupy or permit to occupy a recreational vehicle on such undeveloped property shall first file an application with the City Administrator pursuant to the procedures established in this Chapter and/or in the Administrative Guidelines to this Chapter.

C.

No discretionary approvals from the Bureau of Planning shall be required to obtain a Temporary RV Occupancy Permit if all requirements of this Chapter and any Administrative Guidelines are met.

D.

Application for a Temporary RV Occupancy Permit shall be made by the applicant, or his or her authorized agent, on a form provided by the City Administrator, and shall contain all information reasonably required by the City Administrator to determine compliance with this Chapter.

(Ord. No. 13611, § 3(Exh. A), 7-28-2020)

Where a conflict exists between the regulations or requirements in this Chapter and applicable regulations or requirements contained in other Chapters and Titles of the O.M.C., including but not limited to the

Oakland Planning Code (Title 17), the applicable regulations or requirements in this Chapter shall prevail. Recreational vehicles occupied on private property pursuant to a valid Temporary RV Occupancy Permit shall be considered permitted facilities.

(Ord. No. 13611, § 3(Exh. A), 7-28-2020)

Temporary RV Occupancy Permits shall be subject to the following location requirements:

A.

Occupancy of a recreational vehicle shall only be permitted on vacant property that is located within a zoning district that permits residential activities; provided however, that no Temporary RV Occupancy Permit shall be granted on property located within the S-9 Fire Safety Protection Combining Zone defined in Chapter 17.88 of the Oakland Planning Code.

B.

No more than one recreational vehicle may be occupied per undeveloped property.

C.

All site development standards and separation requirements set forth in the Oakland Planning Code applicable to single-family dwellings in the applicable zoning district shall apply to the placement of the recreational vehicle. No ancillary structures may be permitted.

(Ord. No. 13611, § 3(Exh. A), 7-28-2020)

A.

Appearance and condition of the recreational vehicle.

A recreational vehicle used for temporary occupancy shall be structurally sound and protect its occupants against the elements.

The recreational vehicle shall be set up in compliance with the manufacturer's minimum specifications including compliance with the American National Standards Institute and National Fire Protection Association standards.

A current Department of Motor Vehicle registration and operating permit shall be required and maintained on the recreational vehicle at all times.

B.

Utilities.

The applicant shall certify and provide evidence of sufficient water supply and sewage disposal to serve the water and sanitation needs of the occupants of the recreational vehicle. Such service may be evidenced by contracts for regular water delivery and sanitation services, existing sewer and water supply to the undeveloped property, new utility connections, or other means described in the Administrative Guidelines.

The applicant shall certify and provide evidence of sufficient electrical capacity provided to the recreational vehicle. Solar power shall be preferred, and fuel-powered generators may not qualify as a source of electricity.

If the applicant will provide new water, sewage drain, electrical, fuel supply or other utility connection to the undeveloped property or the recreational vehicle as means of compliance with this section, such connection and installation shall conform to State and local regulations and require such permits and inspections as described in O.M.C. Title 15.

C.

Refuse, trash, and debris maintenance.

The undeveloped property and the immediate area of the recreational vehicle shall be maintained in a safe and clean manner at all times, and in compliance with O.M.C. Chapter 8.24.

An occupant of a recreational vehicle shall not throw, deposit, discharge, leave, or permit to be thrown, deposited, discharged, or left, any oil, grease, refuse, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, gutter, storm drain, inlet, catch basin, conduit or other drainage structure, or upon any public or private parcel of land in the City.

The applicant shall certify and provide evidence of regular refuse collection service available to the occupant of the recreational vehicle during the term of the Temporary RV Occupancy Permit.

D.

Noise and odors.

Noise and odor levels shall not exceed the City's performance standards as prescribed by Oakland Planning Code Chapter 17.120.

Noise and odors shall be contained within undeveloped property and within the immediate area of the recreational vehicle.

E.

Fire Safety.

Undeveloped property that is located within a mountainous area, forest-covered lands, brush-covered lands, grass-covered lands, or land covered with flammable material, shall comply with the vegetation clearance requirements of California Public Resources Code 4291.

Liquid propane gas storage and delivery system shall be maintained in accordance with the manufacturer's requirements.

Heating systems shall be maintained in accordance with the manufacturer's requirements.

Every sleeping area and the hallway providing access to the sleeping area shall be provided with operable smoke detectors. If an internal combustion generator powers the recreational vehicle, and such generator is incorporated into or within ten (10) feet of the recreational vehicle, a minimum of one carbon monoxide monitor/alarm shall be required.

(Ord. No. 13611, § 3(Exh. A), 7-28-2020)

A.

Occupancy of a recreational vehicle permitted by a Temporary RV Occupancy Permit shall be on a thirty (30) days or longer basis only and shall not be used as Transient Habitation Commercial Activities as defined in the Oakland Planning Code.

B.

The holder of a Temporary RV Occupancy Permit may rent the undeveloped land on which a recreational vehicle will be permitted, but shall not rent a recreational vehicle as a dwelling unit.

(Ord. No. 13611, § 3(Exh. A), 7-28-2020)

A.

An application for a Temporary RV Occupancy Permit shall be granted ministerial approval when it complies with all applicable zoning regulations for the zone in which the undeveloped property is located and all requirements of this Chapter and any Administrative Guidelines.

B.

The City Administrator is authorized to require inspection of the undeveloped property or a recreational vehicle prior to approval of a Temporary RV Occupancy Permit if compliance with this Chapter and Administrative Guidelines cannot be determined by the information provided in the application.

C.

Decisions regarding a Temporary RV Occupancy Permit application shall be effective immediately and are not appealable.

(Ord. No. 13611, § 3(Exh. A), 7-28-2020)

A.

No City action related to issuance and/or renewal of a Temporary RV Occupancy Permit shall be interpreted to confer any form of permanent land use entitlement to the person, group, entity, or property associated with such permit.

B.

A Temporary RV Occupancy Permit cannot be transferred or conveyed from the permit applicant, or otherwise assigned to another person or entity without written permission from the City Administrator or his or her designee.

C.

No recreational vehicle shall become a permanent fixture and shall not be considered an improvement to real property.

(Ord. No. 13611, § 3(Exh. A), 7-28-2020)

Each Temporary RV Occupancy Permit shall be valid for twelve (12) months from the date of issuance and may be renewed only upon submittal of a new application meeting all requirements of this Chapter and Administrative Guidelines.

(Ord. No. 13611, § 3(Exh. A), 7-28-2020)

Undeveloped property that contains an occupied recreational vehicle permitted by a valid Temporary RV Occupancy Permit shall be considered in use for the purposes of determining whether a property is vacant under O.M.C. Section 4.56.020.

(Ord. No. 13611, § 3(Exh. A), 7-28-2020)

A.

To the fullest extent permitted by law, any actions taken by a public officer or employee under the provisions of this Chapter shall not become a personal liability of any public officer or employee of the City.

B.

To the maximum extent permitted by law, the holder of a Temporary RV Occupancy Permit under this Chapter shall defend (with counsel acceptable to the City), indemnify and hold harmless the City of Oakland, the Oakland City Council, the Oakland City Planning Commission, and their respective officials, officers, employees, representatives, agents and volunteers (hereafter collectively called "City") from any liability, damages, actions, claims, demands, litigation, loss (direct or indirect), causes of action, proceedings or judgment (including legal costs, attorneys' fees, expert witness or consultant fees, City Attorney or staff time, expenses or costs) (collectively called "Action") against the City to attack, set aside, void or annul, any food vending- related approvals and actions or implementation of such approvals and actions, including conditions of approval, if any. The City may elect, in its sole discretion, to participate in the defense of said Action and the permit holder shall reimburse the City for its reasonable legal costs and attorneys' fees.

C.

Within ten (10) calendar days of the service of the pleadings upon the City of any Action as specified in Subsection B above, the permit holder shall execute a Letter of Agreement with the City, acceptable to the Office of the City Attorney, which memorializes the above obligations. These obligations and the Letter of Agreement shall survive termination, extinguishment or invalidation of the food vending-related approval. Failure to timely execute the Letter of Agreement does not relieve the permit holder of any of the obligations contained in this Section or any other requirements or performance or operating standards that may be imposed by the City.

(Ord. No. 13611, § 3(Exh. A), 7-28-2020)

The City Administrator or his/her designee shall be responsible for enforcing this Chapter. Upon request of a City of Oakland code enforcement officer investigating any complaint, satisfactory evidence shall be presented of continuing compliance with the applicable standards of this Chapter. If periodic inspections are necessary to monitor compliance, inspection fees per the Master Fee Schedule shall be assessed against the responsible party.

(Ord. No. 13611, § 3(Exh. A), 7-28-2020)

Failure to comply with any of the provisions of this Chapter is declared to be prima facie evidence of an existing violation, a continuing blight and a declared public nuisance and may be abated by the City Administrator or his/her designee, in accordance with the provisions of this Chapter.

(Ord. No. 13611, § 3(Exh. A), 7-28-2020)

The City of Oakland reserves the right to revoke any Temporary RV Occupancy Permit at any time if it is found that the approved activity is violating any of the provisions of the O.M.C. or causing a public nuisance, in accordance with O.M.C. Chapter 1.16. Revocation shall be immediately effective upon written notice of the revocation by the City Administrator or his/her designee.

(Ord. No. 13611, § 3(Exh. A), 7-28-2020)

A.

Failure to permanently remove a recreational vehicle and failure to cease occupation of a recreational vehicle after the termination, revocation, expiration, or suspension of any permit issued pursuant to this Chapter shall constitute a public nuisance, and shall be subject to enforcement and abatement procedures set forth in Chapter 1.16 of this Code.

B.

When the City Administrator or his/her designee determines that a property or recreational vehicle has been used as an instrument for, or has contributed substantially to a violation of this Chapter, the City Administrator or his/her designee may deem the violation a public nuisance and issue a notice to abate the nuisance, and direct the responsible party to:

Comply with the notice to abate;

Comply with a time schedule for compliance; and

Take appropriate remedial or preventive action to prevent the violation from recurring.

C.

Any person violating or failing to comply with any of the provisions of this Chapter shall be subject to the abatement procedure set forth in Title 1 of the O.M.C..

(Ord. No. 13611, § 3(Exh. A), 7-28-2020)

A.

Any person violating or failing to comply with any of the provisions of this Chapter shall be guilty of an infraction.

B.

Any violation of this Chapter may be charged as a civil penalty or administrative citation as provided for in Chapters 1.08 and 1.12 of the O.M.C.. Enforcement action specifically authorized by this Section may be utilized in conjunction with, or in addition to, any other statutory, code, administrative or regulatory procedure applicable to this Chapter. In addition, nothing in this Section shall be interpreted to preclude or limit the City from seeking injunctive or other judicial relief.

(Ord. No. 13611, § 3(Exh. A), 7-28-2020)

On December 31, 2021, this Chapter shall terminate and temporary RV occupancy permits shall no longer be issued after this date. Temporary RV occupancy permits issued prior to expiration of this Chapter shall remain in effect until the expiration or termination of such permit but shall not be renewed.

(Ord. No. 13667, § 3, 11-16-2021; Ord. No. 13611, § 3(Exh. A), 7-28-2020)