HomeMy WebLinkAboutOrdinance 1355 Updating Various Sections of the PDMCSTAFF REPORT
CITY OF PALM DESERT
CITY ATTORNEY'S OFFICE
MEETING DATE: March 12, 2020
PREPARED BY: Robert Hargreaves, City Attorney
REQUEST: Introduce for First Reading an Ordinance Amending and Updating
Various Sections of the Palm Desert Municipal Code.
Recommendation
Waive further reading and pass to second reading Ordinance No. 1355 ,
amending and updating the Palm Desert Municipal Code.
Strateqic Plan
Updating the Palm Desert Municipal Code ("Municipal Code") on an annual basis, and as
necessary, ensures consistency between the Municipal Code and the Strategic Plan.
Executive Summary
Every year, the City Attorney works with City staff to identify and correct or update Municipal
Code provisions. The 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.
Background Analvsis
I. Updates Regarding City Manager Delegation Authority
The City Manager has broad discretion to make decisions concerning the City. In many
instances, the City Manager may delegate his or her duties and responsibilities to other City
employees. The purpose of this delegation authority is to save time and resources thereby
providing services that are more efficient to the community. This Municipal Code update
proposes to give the City Manager the authority to delegate his or her authority generally and
in specific situations.
The following are areas of the Municipal Code that may be amended to give the City Manager
authority to delegate duties to other City employees.
A. City Manager Delegation of Authority.
Currently, the City Manager may delegate authority to a qualified City Administrative
Officer during his or her temporary absence or disability. The proposed amendment seeks
to expand this authority, such that the City Manager can delegate his or her authority in
any situation where he or she is unavailable —whether it is an urgent or emergency
Staff Report
2020 Annual Municipal Code Updates
Page 2 of 4
March 12, 2020
situation or not. In delegating this authority, the City Manager must make this delegation
in writing and submit it to the City Clerk.
B. Fee Waiver up to $1,000.
For this proposed amendment to the Municipal Code, the City Manager, or designee, may
waive any fee owed to the City up to one thousand dollars ($1,000). This amendment
would give the City Manager or designee the ability to assess an applicant's hardship and
make a determination to reduce or waive a relatively small fee.
C. Exceptions to Construction Hours.
Under the City's Noise Ordinance (Municipal Code Chapter 9.24), the City Manager may
allow construction work to occur outside of the usual mandated hours in the event of an
emergency or if there are other unusual conditions. The mandated hours are:
October 1st through April 30th
Monday through Friday: 7:00 a.m. to 5:30 p.m.
Saturday: 8:00 a.m. to 5:00 p.m.
Sunday: None
Government Code Holidays: None
May 1st through September 30th
Monday through Friday: 5:30 a.m. to 7:00 p.m.
Saturday: 8:00 a.m. to 5:00 p.m.
Sunday: None
Government Code Holidays: None
The proposed amendment would allow the City Manager, or designee, to make
exceptions for construction hours.
D. Permission for Alcohol Consumption with Permit.
The current Municipal Code language states that the City Manager may allow alcohol
consumption on City -owned property for a special event. The proposed Municipal Code
change would allow the City Manager to delegate this authority to his or her designee.
E. Authority Regarding City Parks.
Currently, the City Manager has the authority to close a park in the public interest, create
park -related rules, require persons to follow park rules, and permit use of the
amphitheater. The proposed Municipal Code amendment would allow the City Manager
to delegate this authority to another City employee.
Staff Report
2020 Annual Municipal Code Updates
Page 3 of 4
March 12, 2020
II. Trash Enclosures Approved By Director of Public Works
Currently, the Municipal Code states that trash enclosure construction standards and size
deviations may be approved by the Director of Special Programs; however, the City no longer
has such a position or department. The provisions need to be updated to identify that the
Director of Public Works is tasked with this authority.
III. Cannabis Business Tax Penalty
The City's Finance Department is requesting an amendment to Municipal Code Section
3.50.100, which lays out penalties imposed on cannabis businesses that fail to pay their City
business taxes on time. The amendment would impose one percent (1 %) interest on penalties
incurred for failure to pay cannabis business taxes when due.
IV. No Auto Shop Vehicle Storage on Public Streets
The City's Code Compliance Division has received numerous complaints that automobile
service businesses store vehicles on public streets. Such vehicles are in various stages of
disrepair and can be an eyesore. In addition, these vehicles are taking up parking spots that
would normally be used by customers and employees. Therefore, City staff is proposing a
Municipal Code amendment to prohibit auto repair shops from storing their clients' vehicles
on public streets.
V. Measuring Light Trespass
When measuring light trespass, City Code Compliance Officers use a special light meter that
measures foot -candies. A foot-candle is a measure of light intensity and is used by staff to
calculate light levels in residential areas. The proposed language regarding light
measurement was previously in the Municipal Code, but was inadvertently removed during
the City's last comprehensive Zoning Code update. As such, staff is requesting that this
information be reinstated into the Municipal Code to better explain the standard of light
trespass measurement.
VI. Grading Permit Time Limits
The City's Engineering Department has requested that grading permit time limits be extended
from 180 days to 365 days. In other words, the current provision states that work must be
completed within 180 days unless otherwise indicated. The new provision proposes that work
be completed within 365 days. City staff believes this is a reasonable time period needed to
complete project grading and will reduce frequent processing of grading permit extension
requests.
Staff Report
2020 Annual Municipal Code Updates
Page 4 of 4
March 12, 2020
Fiscal Analvsis
The proposed Municipal Code amendments will have minimal fiscal impact. The provisions
giving the City Manager greater authority to delegate duties is expected to save the City time
and resources.
LEGAL REVIEW DEPT. REVIEW
Approved as to form
FINANCIAL REVIEW
Ryan Stendell
Dire r of Co . Dev.
Robert W. Hargreaves T m Garcia Janet M. Moore
City Attorney Director of Public Works Director of Finance
r
City Manager Lauri Aylaian:
l/
ATTACHMENT: Ordinance No. 1355
ASSISTANT
CITY MANAGER
And estine
Assistant City Manager
ORDINANCE 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 actinq citv manager.
The City Manager, by letter filed with the City Clerk or Deputy City Clerk, shall may designate
a qualified City Administrative Officer to exercise the powers and perform the Citv Manager's
duties 9i Gity MaRagef during his or her unavailability, ar;y-temporary absence,. or disability
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 Citv Manager, or designee, is authorized to waive anv 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.
"3.50.100 Failure to Pav 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 (25%) 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 (25%) of the amount of the
tax if the tax remains unpaid for a period exceeding thirty (30) 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 citv 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 under state
law.
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 (25%) 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
8.12.030 Construction standards of Chapter 8.12 Trash Enclosures is hereby amended to
delete stricken language and include underlined language as follows:
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ORDINANCE NO.
"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 pregrams. 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 (12) deep, twenty-four feet two inches (24'2") wide, with a six-foot six-inch (6'6") ramp
approach, and a six -foot -high (6') 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 pregrams."
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.
"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.
72500.00001\32578464.3 3
ORDINANCE NO.
"City manager" means the City Manaqer of the Citv of Palm Desert, or 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.
"Disturbing, excessive or offensive noise" means any sound or noise from any source 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 (5) 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, Section 830 et seq.
"Person" means a person, firm, association, co -partnership, 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.
72500.00001\32578464.3 4
ORDINANCE NO.
"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 Consumption/Possession 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 desiqnee, 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 storaqe 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
(72) hours.
B. Businesses located within the City that repair or cause to be repaired, grease
or cause to be qreased, dismantle or cause to be dismantled any vehicle or any part thereof
must use only City -approved off-street parking for such repair, areasinq 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:
72500.00001\32578464.3 5
ORDINANCE NO.
"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.
"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.
"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 (50) feet of the owner
and the dog or dogs immediately obeys voice commands or signals.
72500.00001 \32578464.3 6
ORDINANCE NO.
"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 Liqht 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 (18) feet above
ground to the luminaire when adjoining residential property lines and a maximum of twenty
(20) 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.
H. Where the adjacent property is residential, all lighting shall be arranged so as to
direct the light away from the adjacent property by orovidina 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 10:00 p.m. and remain off until
the following evening."
72500.00001 \32578464.3
ORDINANCE NO.
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
specified -erne permit if at#or thcn . Three -hundred and sixtv-five
(365) days. if the tome peried 06 R9t iRdiGate , it ohsll b , GRe hURdred eighty days-. 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 exteRsoen is fer leRgor than 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
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.
72500.00001\32578464.3 8
ORDINANCE NO.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of
the City of Palm Desert on the day of , 2020, by the following vote, to
wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
GINA NESTANDE, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
APPROVED AS TO FORM:
ROBERT HARGREAVES, CITY ATTORNEY
72500.00001\32578464.3 9
ORDINANCE NO.
State of California )
County of Riverside ) s.s.
City of Palm Desert )
I, Rachelle Klassen, City Clerk, hereby certify that the foregoing i
AYES:
NOES:
ABSTAIN:
ABSENT:
s
Rachelle Klassen, City Clerk
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