News Release
April 8, 2011
Concord prevails in RV court case
The City of Concord has prevailed in a lawsuit filed by resident James Disney challenging the constitutionality of an ordinance adopted by the City Council to regulate the parking and storage of recreational vehicles in residential neighborhoods. The City initially prevailed at the trial court level, and the California Court of Appeal has affirmed the decision upholding the validity of the ordinance as a valid exercise of the City's police power authority to establish land use regulations promoting traffic safety and the attractive appearance of residential neighborhoods within the Concord community.
The City’s recreational vehicle parking ordinance was adopted in 2008 after residents expressed concern about the potential blighting influence which could result from the number and location of recreational vehicles parked at private residences within Concord. The specific regulations were the product of an extensive community outreach effort and numerous public meetings involving a Citizens Task Force, the Planning Commission and the City Council.
Among other things, the ordinance prohibits storage of recreational vehicles (including motor homes, travel trailers and boats) on front yards and driveways. However, it includes a grandfather provision which allowed existing RV owners to apply for a permit to continue to store one vehicle on a driveway or parking pad for as long as the owner still owns or occupies the property. The ordinance contains other detailed provisions restricting RV parking, designed to protect traffic safety and neighborhood aesthetics.
“The Court of Appeal correctly recognized that the City Council has the authority under its police power to adopt reasonable regulations to protect public safety and preserve the attractive appearance of Concord’s residential neighborhoods,” said City Attorney Craig Labadie.
For additional information, contact the City Attorney’s Office, (925) 671-3160.