Amendment of the Rocklin Municipal Code Chapters 8.04, 9.32, 17.08 and 17.83 Pertaining to Property Maintenance, Graffiti Abatement, Off-Street Parking of Accessory Vehicles and Reasonable Accommodation.

Zoning Ordinance Amendment, ZOA2021-0002

David Mohlenbrok, Director of Community Development

Ryan Taylor, Senior Code Enforcement Officer

Introduce, Waive the Full Reading and Read by Title Only, an Ordinance of the City Council of the City of Rocklin Amending Certain Sections of Chapters 8.04, 9.32, 17.08 and 17.83 of the Rocklin Municipal Code to Update Regulations Related to Property Maintenance, Graffiti Abatement, Off-Street Parking Of Accessory Vehicles, Reasonable Accommodation, and Associated Clean Up Items (Code Compliance Regulations Update/ ZOA2021-0002)

This proposed ordinance amendment is recommended to modify regulations addressing:

• Rocklin Municipal Code (“RMC”) Title 8, Chapter 8.04 - Property Maintenance on all properties within the City of Rocklin to provide clarification to the standards and resolve current enforcement challenges by clarifying definitions and unlawful nuisance conditions, and providing references to other chapters with unlawful property nuisance sections that may be related.

• RMC Title 9, Chapter 9.32 – Graffiti Abatement on all properties within the City of Rocklin to provide consistency between conditions of approval issued to projects receiving entitlements and the standards set forth in this chapter.
• RMC Title 17, Sections 17.08.130 – Off-Street Parking of Accessory Vehicles and Sections, 17.83.020, 17.83.030, 17.83.050 within the City of Rocklin to provide for greater ability to enforce the regulations, modify the regulations involving reasonable accommodations to allow necessary accessory vehicles, and clean up and clarify provisions related to parking and storage of accessory vehicles in all zones.

The proposed Ordinance Amendment was initiated by the City of Rocklin, and would apply citywide.

Background / Analysis

On September 28, 2021, the City Council was presented with a staff report outlining challenges and opportunities to initiate amendments to the Rocklin Municipal Code (RMC) regarding standards applicable to property maintenance, graffiti abatement and the off-street parking of accessory vehicles. Following the discussion, the City Council unanimously adopted a resolution of intent to initiate amendments to the RMC (Resolution 2021-171). The City Council directed staff to move forward with ordinance amendments to modify the RMC in order to clarify these sections, clean up associated items and to all for greater enforcement of the relevant sections.

Based upon the City Council’s direction, staff has drafted the following modifications to RMC Chapter 8.04 (Property Maintenance), Chapter 9.32 (Graffiti Abatement), and Sections 17.08.130, 17.83.020, 17.83.030, 17.83.050 as outlined below:

RMC Title 8, Chapter 8.04 – Property Maintenance

A redlined version of Chapter 8.04 noting the proposed modifications utilizing colored print, strike-outs and underlining is provided as Attachment A. In general, these proposed amendments:

1. Clarify and update definitions of various terms and phrases used in the chapter.
2. Update language and clarify the location from which a potential violation may be viewed by the Enforcement Authority.
3. Update language and clarify the standards of overgrown vegetation by providing specific height limitations above a street, sidewalk, next to driveways, on corners and lawns.
4. Update language and clarify the standards of determining a vehicle inoperable.
5. Update language and clarify standards to maintain fencing adjacent to sensitive areas such as public parks, drainages, wetlands, or public or private open spaces.
6. Create and clarify the standards for removing graffiti on properties.
7. Create and clarify the standard for recording a notice of pending enforcement action and notice of release of pending enforcement action to prevent nuisance conditions from being passed onto new property owners or lenders.
8. Enact other associated clean up and formatting amendments.

RMC Title 9, Chapter 9.32 Graffiti Abatement

A redlined version of Chapter 9.32 noting the proposed modifications utilizing colored print, strike-outs and underlining is provided as Attachment B. In general, these proposed amendments:

1. Update language and clarify the standards for removal of graffiti and the City’s ability to recoup costs associated with removal by assessing the removal costs to the property owner and/or individuals responsible rather than at no cost to the owner.
2. Align graffiti abatement standards with the language present in standard conditions of approval for projects receiving land use entitlements.
3. Enact other associated clean up and formatting amendments.

The proposed amendments to RMC Title 17 are summarized in the following section.

Summary of Planning Commission Hearing and Action

On November 2, 2021 the Planning Commission considered the proposed modification to Title 17 (Zoning) of the RMC (Off-Street Parking of Accessory Vehicles/ ZOA2021-0002).  As the modifications to RMC Titles 8 and 9 are not within the Zoning Code of the City of Rocklin, the Planning Commission did not and is not required to review and make a recommendation on the proposed modifications to Titles 8 and 9. During the Planning Commission meeting, only one member of the public spoke on Title 17 modification item and the speaker was in support of the modifications. The Planning Commission expressed unanimous support of the proposed modifications and voted 5-0 to recommend that the City Council approve the proposed modifications to the standards applicable to off-street parking of accessory vehicles and associated clean up items.

Redlined versions of Sections 17.08.130, 17.83.020, 17.83.030(A)(3), 17.83.030(A)(8), and 17.83.050(A)(1) indicating the proposed changes utilizing colored print, strike-outs and underlining are provided in Attachment C.  In general, these proposed amendments:

1. Clarify and update definitions of various terms and phrases used in the section.
2. Update language and clarify the locations that accessory vehicles may not be stored.
3. Create and clarify the standards of parking/storing an accessory vehicle and clarify the prima facie evidence needed by the Enforcement Authority to enforce if parking/storing limitations are exceeded.
4. Clarify exceptions to the parking regulations.
5. Enact other associated clean up and formatting amendments.

Additionally, Chapter 17.83 (Requests for Reasonable Accommodations for Persons with Disabilities) has been revised to allow for reasonable accommodations to all provisions of Title 17 and to create additional reasonable accommodation application standards and findings as they pertain to Accessory Vehicles specifically.

The California Environmental Quality Act (Section 21000, et. seq. of the California Public Resources Code, hereafter “CEQA”) requires analysis of agency approvals of discretionary “projects”. A “project”, under CEQA is identified as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.”

The proposed amendments to the Rocklin Municipal Code are not subject to review under the CEQA pursuant to Sections 15060 (c)(2) and 15061(b)(3) of the California Code of Regulations Title 14, Division 6, Chapter 3 (“CEQA Guidelines”) as the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment there is no possibility the activity in question may have a significant effect on the environment.