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HomeMy WebLinkAboutORD 1355ORDINANCE NO. 1355 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND UPDATING VARIOUS SECTIONS OF THE PALM DESERT MUNICIPAL CODE. WHEREAS, the City of Palm Desert ("City") is amending and updating various sections of the Palm Desert Municipal Code ("Municipal Code"), described particularly herein below; and WHEREAS, said amendments and updates are in the public interest and consistent with the City's General Plan and will not be detrimental to the public health, safety and welfare; and WHEREAS, all other legal prerequisites to the presentation of this Ordinance have occurred. NOW, THEREFORE, IT SHALL BE ORDAINED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. Recitals. The City Council of the City of Palm Desert, California, hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Ordinance. SECTION 2. Amendment to Municipal Code. Palm Desert Municipal Code Section 2.04.030 Designation of acting city manager of Chapter 2.04 City Manager is hereby amended to delete stricken language and include underlined language as follows: "2.04.030 Designation of acting city manager. The city manager, by letter filed with the city clerk or deputy city clerk, s4aN may designate a qualified city administrative officer to exercise the powers and perform the city manager's duties Of Gity maRagef during his or her unavailability, apy-temporary absence, or disability of the Gety manage ." SECTION 3. Amendment to Municipal Code. Palm Desert Municipal Code Section 2.04.100 Fee Waiver of Chapter 2.04 City Manager, is hereby added as follows: "2.04.100 Fee Waiver. The city manager, or designee, is authorized to waive any fee owed to the City, up to one thousand dollars ($1,000)." SECTION 4. Amendment to Municipal Code. Palm Desert Municipal Code Section 3.50.100 Failure to pay tax of Chapter 3.50 Cannabis Business Tax, is hereby amended to add underlined language as follows: ORDINANCE NO. 1355 "3.50.100 Failure to pay tax. A. Any person who fails or refuses to pay any tax required to be paid pursuant to this chapter on or before the due date shall pay penalties and interest as follows: 1. A penalty equal to twenty-five percent of the amount of tax in addition to the amount of the tax, plus interest on the unpaid tax calculated from the due date of the tax at a rate established by resolution of the city council; and 2. An additional penalty equal to twenty-five percent of the amount of the tax if the tax remains unpaid for a period exceeding thirty calendar days beyond the due date, plus interest on the unpaid tax and interest on the unpaid penalties calculated at the rate established by resolution of the city council. 3. Interest shall be calculated at the rate of one percent (1 %) per month, or a fraction thereof, on the total amount due, from the date on which the amount of tax required to be collected becomes due and payable to the city until the date of payment and shall not exceed twelve percent (12%) of the amount of tax due. B. Whenever a check is submitted in payment of a tax and the check is subsequently returned unpaid by the bank upon which the check is drawn, and the check is not redeemed prior to the due date, the taxpayer will be liable for the tax amount plus any penalties and interest due as provided for in this section plus any amount allowed OEM under state law. 0.0 C. The tax due shall be that amount due and payable from January 1, 2019 or the first date on which the cannabis business first operated in the city, whichever date occurred last, together with applicable penalties and interest calculated in accordance with subsection A of this section. D. The tax administrator may waive the first and second penalties of twenty- five percent each imposed upon any person if: 1. The person provides evidence satisfactory to the tax administrator that failure to pay timely was due to circumstances beyond the control of the person and occurred notwithstanding the exercise of ordinary care and absence of willful neglect, and the person paid the delinquent tax and accrued interest owed the city prior to applying to the tax administrator for a waiver. 2. The waiver provisions specified in this subsection shall not apply to interest accrued on the delinquent tax and a waiver shall be granted only once during any twenty- four -month period." SECTION 5. Amendment to Municipal Code. Palm Desert Municipal Code Section go" 8.12.030 Construction standards of Chapter 8.12 Trash Enclosures is hereby amended to delete stricken language and include underlined language as follows: IPA ORDINANCE NO. 1355 "8.12.030 Construction standards. Solid waste and recycling enclosures shall be of adequate size to contain, at minimum, a solid waste container and a recycling container that meets the needs of the facility. Minimum construction standards shall be as designated in Exhibits A, B, C, and D as amended of the ordinance codified in this chapter or as approved by the director of public works or designee special-pFe. Enclosure(s) shall be of adequate size to accommodate facility's size and use, properly located for functional use by the user and the disposal company, view -obscured from all sides, and built of approved materials compatible to the buildings, walls, and surroundings." SECTION 6. Amendment to Municipal Code. Palm Desert Municipal Code Section 8.12.040 Size of Chapter 8.12 Trash Enclosures is hereby amended to delete stricken language and include underlined language as follows: "8.12.040 Size. The normal solid waste and recycling enclosure area shall be a minimum of twelve feet deep, twenty-four feet two inches wide, with a six-foot six-inch ramp approach, and a six -foot -high decorative wall and sight -obscuring gate. Equal space within the enclosure shall be given to the recycling area and the solid waste area, or more space to the recycling area. Mandatory organic waste recycling regulations may necessitate a larger trash enclosure to accommodate a third bin for organic waste material in cases where food -related businesses are proposed or will be proposed in the future. Organic waste includes food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food -soiled paper waste that is mixed in with food waste. Deviation in size may be made by the director of public works or designee special-pFes." SECTION 7. Amendment to Municipal Code. Palm Desert Municipal Code Section 9.24.020 Definitions of Chapter 9.24 Noise Control is hereby amended to include the underlined language as follows: "9.24.020 Definitions. "Ambient noise level" means the all encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. "Amplified music" means instrumental and/or vocal music amplified through electronic means. "Average sound level" means a sound level typical of the sound levels at a certain place during a given period of time; also, means an equivalent continuous sound level. -3- ORDINANCE NO. 1355 "A -weighted sound level" means the sound pressure level in decibels as measured on ,..� a sound level meter using the A -weighting network. The level to read is designated db(A) or dBA. "City manager" means the city manager of the City of Palm Desert, or qualified designee. "Commercial establishments" includes, but is not limited to, any nightclub, restaurant, sports bar, industrial, retail or business establishment or combination thereof. "Construction equipment" means any tools, machinery or equipment used in connection with construction operations, including all types of "special construction" equipment as defined in the pertinent sections of the California Vehicle Code when used in the construction process on any construction site, home improvement site or property maintenance site, regardless of whether such site be located on -highway or off -highway. "Cumulative period" means an additive period of time composed of individual time segments which may be continuous or interrupted. "Decibel" means a unit measure of sound level noise. "Disturbance" means any disturbance of the peace as defined by Penal Code Section 415 or as otherwise defined herein. am "Disturbing, excessive or offensive noise" means any sound or noise from any source Wo in excess of the sound level or noise level set forth in Section 9.24.030. "Emergency machinery," "vehicle" or "work" means any machinery, vehicle or work used, employed or performed in an effort to protect, provide or restore safe conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service. "Fixed noise source" means a stationary device which creates sounds which are fixed or motionless including but not limited to industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditions and refrigeration equipment. "Gathering" means any convergence of five or more persons. "Impact noise" means the noise produced by the collision of one mass in motion with a second mass which may be either in motion or in rest. "Noise level" means the same as "sound level." The terms may be used interchangeably herein. .. "Peace officer" means a duly appointed officer of the City, as defined in California Penal Code, Chapter 4.5, Sections 830 et seq. -4- ORDINANCE NO. 1355 "Person" means a person, firm, association, copartnership, joint venture, corporation or any entity, public or private in nature. "Portable powered blower" means any mechanically powered device, regardless of the source of power, which is not stationary, and used for the purpose of blowing leaves, dirt or other debris off sidewalks, lawns or other surfaces. "Premises" means any real property or location at which a gathering may be held. "Sound level" (noise level) in decibels is the quantity measured using the frequency weighting of A of a sound level meter as defined herein. "Sound level meter" means an instrument meeting American National Standard Institute's Standard SL. 4-1974 for type 1 or type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data." SECTION 8. Amendment to Municipal Code. Palm Desert Municipal Code Section 9.58.040 Consumptionlpossession of alcoholic beverages on property where permit issued by city of Chapter 9.58 Public Drinking and Liquor Possession is hereby amended to include the underlined language as follows: "9.58.040 Consumption/possession of alcoholic beverages on property where permit issued by city. Sections 9.58.010 and 9.58.020 of this chapter shall not apply to consumption or possession of alcoholic beverages on city -owned property pursuant to any permit, entitlement or other permission issued or given by the city manager, or designee, or city council in connection with the holding of a special event on or at the place or premises where the consumption or possession would otherwise be prohibited, nor shall Section 9.58.010 or 9.58.020 apply with respect to public property owned and controlled by a public entity other than the city if the other public entity has given its express or implied permission or invitation allowing use of the premises for purposes otherwise prohibited in Section 9.58.010 or 9.58.020 of this chapter." SECTION 9. Amendment to Municipal Code. Palm Desert Municipal Code Section 10.48.050 Use of streets for storage of vehicles prohibited of Chapter 10.48 Stopping, Standing, and Parking is hereby amended to include the underlined language as follows: "10.48.050 Use of streets for storage of vehicles prohibited. A. No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventy-two hours. 16'2 ORDINANCE NO. 1355 B. Businesses located within the city that repair or cause to be repaired, ,... grease or cause to be -greased, dismantle or cause to be dismantled any vehicle or any part thereof must use only city -approved off street parking for such repair, greasing or dismantling. Otherwise, the storing of vehicles is prohibited on public streets." SECTION 10. Amendment to Municipal Code. Palm Desert Municipal Code Section 11.01.010 Definitions of Chapter 11.01 General Provisions, Title 11 Parks is hereby amended to include the underlined language as follows: "11.01.010 Definitions. For the purpose of this title, the words and phrases set out in this section shall apply: "Alcoholic beverage" means beer, wine, whiskey, bourbon, any distillant of wine or any beverage, brew or distilled liquid containing any portion of alcohol as one of its contents. "Amplified sound" means music, sound wave, vibration or speech projected or transmitted by electronic equipment, including amplifiers. "Camping" means the pitching of tents, use of sleeping bags, cots, beds or other paraphernalia usually associated with living in the out-of-doors. This includes the use of motor homes, recreation vehicles or camper trailers in parking lots. � "Chief of police" is the chief of police of the city. "City" is the city of Palm Desert. %no "City manager" is the city manager of the city, or designee. "Director" means the director of public works, or any other person authorized by him/her, pursuant to law, to act in his or her stead. "Fire chief' is the chief of the fire department of the city. "Group gathering" means any music festival, art festival, public dance, political rally, organized meetings, with or without speakers or entertainment or food, or similar gatherings at which music, entertainment or speeches are provided for professional or amateurs or by prerecorded or other means, to which members of the public are invited or admitted for a charge or free of charge, or which is attended by thirty or more persons. Parades and outdoor athletic contests which are otherwise permitted or approved by the city council, or the city manager, or director of public works, or chief of police, are not included within this definition. "Overnight sleeping" means sleeping during the hours between sunset and sunrise. In ORDINANCE NO. 1355 "Park" means any park, playground, athletic facilities, recreation area or centers, or any other area or structure maintained and operated by the city itself or in conjunction with any other governmental or private entity. "Permit" or "reservation" means written authorization for exclusive, or semi -exclusive use of parks or buildings or portions thereof, as provided for and defined in this chapter. "Person" is any person, firm, partnership, association, group, corporation, company or organization of any kind. "Special event" means any group gathering as defined in this section desiring to reserve more than one park amenity or charging for admission or publicly advertised or having more than one hundred fifty participants. "Under immediate voice control" means the dog or dogs is within fifty feet of the owner and the dog or dogs immediately obeys voice commands or signals. "Vehicle" means any device by which any person or property may be propelled, moved or drawn, excepting a device moved by human power. SECTION 11. Amendment to Municipal Code. Palm Desert Municipal Code Section 24.16.040 Light trespass of Chapter 24.16 Outdoor Lighting Requirements is hereby amended to add the underlined language as follows: "24.16.040 Light trespass. A. The requirements to minimize the off -site illumination onto adjoining properties shall include lower pole heights, glare shields and repositioning lighting poles. B. The photometric plan provided for the project shall illustrate the off -site foot- candles up to the point when 0.00 foot-candles is illustrated. C. Lighting poles shall not be positioned at the property line adjacent to residential properties. D. Provide lighting fixtures with internal house side shielding so that no more than one -tenth foot-candle is measured horizontally at the adjacent property lines. E. Private tennis courts will be required to meet off -site lighting requirements. Photometric lighting plans shall be provided for all private tennis court lighting systems. F. All building -mounted luminaries shall be a maximum of eighteen feet above ground to the luminaire when adjoining residential property lines and a maximum of twenty feet above ground in other areas around the building. G. Wall pack lighting fixtures shall meet full cut-off requirements and shall be included in all photometric lighting plans. -7- ORDINANCE NO. 1355 H. Where the adjacent property is residential, all lighting shall be arranged so as to ,... direct the light away from the adjacent property by providing materials, methods, and designs so that no more than 0.25 foot-candle is measured at five (5) feet inside the adjacent property. Hillside lighting shall be designed with the following: 1. Hillside lighting systems must be submitted with a carefully detailed photometric plan illustrating horizontal and vertical foot-candles and a written justification why hillside lighting should be allowed. Lighting plans shall be reviewed as part of a Hillside Development Plan as described in Section 25. 2. Hillside lighting shall utilize high pressure sodium sources and be furnished with glare shields. 3. Luminaries with total lamp lumens above sixteen thousand lumens shall not be used. 4. All hillside lighting shall be turned off no later than ten p.m. and remain off until the following evening." SECTION 12. Amendment to Municipal Code. Palm Desert Municipal Code Section 27.28.120 Time limits of Chapter 27.28 Administration, Title 27 Grading is hereby amended to delete stricken language and add underlined language as follows: "27.28.120 Time limits. A. The time period in which the work is to be begun and completed will be Three -hundred and sixty- five (365) days. if the time peFiecl is net indirated, it . If the permittee is unable to complete the work within the specified time, he or she may request in writing to the city engineer an extension of time. The city engineer may grant extensions as he or she deems appropriate and may add conditions to the extensions as he or she deems appropriate. B. If the permittee requires an extension after the permit expires, the permittee shall pay a proration of the original fees based on the uncompleted portion of the original work. This payment is not a penalty, but is intended to defray the expense of the longer period of inspection for the work." SECTION 13. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. SECTION 14. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this B11 ORDINANCE NO. 1355 Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this Ordinance is found to be invalid by a court of competent jurisdiction, the balance of this Ordinance shall not be affected. SECTION 15. Certification and Publication. The City Clerk of the City of Palm Desert shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under California Government Code Section 36933. SECTION 16. CEQA. The City Council finds that adoption of this Ordinance is not a "project," as defined in the California Environmental Quality Act because it does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and concerns general policy and procedure making. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Palm Desert on the 26th day of March, 2020, by the following vote: AYES: HARNIK, JONATHAN, KELLY, WEBER, and NESTANDE NOES: NONE ABSTAIN: NONE ABSENT: NONE GINA NESTANDE, MAYOR ATTEST: ATTORNEY &s3 ORDINANCE NO. 1355 State of California ) County of Riverside) s.s. City of Palm Desert ) ... I, Rachelle D. Klassen, City Clerk, hereby certify that the foregoing is a true copy of Ordinance No. 1355, introduced at a regular meeting held on the 12th day of March 2020, and duly adopted by the City Council of the City of Palm Desert, California at a regular meeting thereof held the 26th day of March, 2020. AYES: HARNIK, JONATHAN, KELLEY, WEBER, and NESTANDE NOES: NONE ABSTAIN: NONE ABSENT: NONE RAe,HELLE D. KLASSEN, ITY CLERK CITY OF PALM DESERT, CALIFORNIA saw -10-