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HomeMy WebLinkAboutReintro Ord 1334 - Amnd & Update Various Chapters in the PDMC Sanchez, Gloria From: Robert Hargreaves <Robert.Hargreaves@bbklaw.com> Sent: Wednesday, January 31, 2018 7:06 AM To: Klassen, Rachelle Cc: Munoz, Rae; Sanchez, Gloria;Jill Tremblay Subject: RE: City of Palm Desert Annual Housekeeping Municipal Code Ordinance Update Attachments: Palm Desert - FINAL Ordinance re 2018 Municipal Code Update_ revised clean-cl.DOCX; Palm Desert - FINAL Ordinance re 2018 Municipal Code Update_ revised redline- c1.DOCX Attached are a red-lined and clean version of the revised ordinance. Also, could someone put a note at the bottom of the staff report: "The typographical error has been corrected. Also, Section 2.34.010(H) has been added to authorize the mayor to excuse absences. Because this is a substantive change in the ordinance, the ordinance needs to return to first reading." Thanks From: rklassen@a@citvofpalmdesert.orq [mailto:rklassen@cityofpalmdesert.orq] Sent: Tuesday, January 30, 2018 2:20 PM To: Robert Hargreaves; Carlos Campos; Jill Tremblay Cc: rmunozOcityofpalmdesert.orq; gsanchez@cityofpalmdesert.or.g Subject: City of Palm Desert Annual Housekeeping Municipal Code Ordinance Update Importance: High Hi, City Attorney Colleagues: I'm not sure who last worked on the attached ordinance, but at the 1/25/18 Palm Desert City Council Meeting, they asked for a typo to be corrected, AND adding some language for the Mayor to provide exceptions to the Attendance Requirements, upon request and as deemed appropriate. Can you get that back to me by Thursday morning (2/1/18, 8 a.m.) for copying? Please and thank you! '`'` : Rachelle Klassen Ko+_' City Clerk Ph. 760.346.0611 Direct. 760.776.6304 rklassen cityofpalmdesert.org fi 4' ••„ ♦i+' - ;mac: 1$ .� : t k -F $ f ":i c's,, ,.»�•2 rilt, y� 1&44- .x:,,r 3+-. . ,:..;Ni, , ,„ - ", ems _ ;F_ T 1Of Wcn1n MkPg Desert A 92� 78g r - r - www.cityofpalmdesert.org Install the Palm Desert In Touch app to stay in touch with your community Android Apple Mobile Web 1. This email and any files or attachments transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and immediately delete the email you received. 2 Ordinance No. 1334 * Passed to 2nd reading, with typo- graphical correction noted at this meeting, and staff to follow-up wi STAFF REPORT City Council regarding committee/ CITY OF PALM DESERT commission attendance. 5-0 CITY ATTORNEY'S OFFICE 0 MEETING DATE: January 25, 2018 PREPARED BY: Robert Hargreaves, City Attorney Jill Tremblay, Assistant City Attorney • REQUEST: Adopt an ordinance that amends and updates various chapters and sections of the Palm Desert Municipal Code. Recommendation Adopt Ordinance No. 1334 Amending and Updating Various Chapters and Sections of the Palm Desert Municipal Code. Strategic Plan Objective 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. Background Analysis Every year, the City Attorney works with City staff to identify and correct or update anomalies in the Municipal Code. The corrections and updates are considered administrative in nature and do not involve policy considerations. Discussion The following is a synopsis of the Municipal Code revisions for this year: (1) Section 2.34.010 Terms of appointment—Residency requirement—unexcused absences—Term length A few City committees meet quarterly or bimonthly and the current code does not include an absence policy for committees meeting at this frequency. Therefore, proposed language has been added to show that for committees that meet bimonthly, automatic resignation will occur on the second unexcused absence and that for committees that meet quarterly, automatic resignation will occur on the first unexcused absence. 72500.00000\30438176.1 Ordinance No. 1334 January 25, 2018 - Staff Report Annual Municipal Code Update Page 2 of 3 (2) Section 2.36.020 Regular meetings. This change authorizes the City Council to adopt resolutions setting alternative days for regular City Council meetings. (3) Chapter 8.23 Fireworks Chapter 8.23 Fireworks includes proposed modifications in order to prohibit "salutes," which are concussion style fireworks, except for City-sponsored fireworks shows and to require permits for persons or organizations that wish to put on their own fireworks displays. (4) Section 10.08.030 Nonmoving traffic violations The proposed amendment would allow Citizens on Patrol, in addition to police officers and code enforcement officers, to write citations for nonmoving traffic violations, but does not permit them to make arrests. (5) Chapter 10.76 Golf Cart Transportation Plan Changes were made to Chapter 10.76 Golf Cart Transportation Plan to reflect current state law. State law that has been repealed since this Chapter was adopted allowed for greater flexibility in the definition of "golf cart". The proposed changes to the Code reflect the current definition of "golf cart" found in the California Streets and Highways Code. (6) Table 25.10-3 Residential Zoning District Development Standards Table 25.10-3 has been revised to account for typographical errors. (7) Sections 25.46.040(B) and 25.52.040(B)(1) The above-mentioned Code sections are no longer necessary because they reference the C-1 zoning district, which no longer exists. 72500.00000\30438176.1 Ordinance No. 1334 January 25, 2018 - Staff Report Annual Municipal Code Update Page 3 of 3 Fiscal Analysis This Ordinance does not have any fiscal impact. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER __ l of iA ir R . rgreaves Ryan Stendell Janet Moore Lauri Aylaian City Attorney Director of Community Director of Finance City Manager Development ATTACHMENT: Ordinance No. 1334 CTTY err,..„';ACTJON APPROVI-' _ DENIED RECEIV'"'.. ,]TIER, err . 13_4.1A - :)0 111 ,., , (; DATE - 55- (iiik,K f�r'SiatOr' it/7rrYt) ?s:5E!4T: n ABSTAIN: //7? VERIFIED BY: t`"LIPY-C Original on File with City eierk's Office * Passed to 2nd reading, with typographical correction noted at this meeting, and staff to follow-up with City Council regarding committee/commission attendance. 5-0 FEBRUARY 8, 2018 The typographical error has been corrected. Also, Section 2.34.010(H) has been added to authorize the mayor to excuse absences. Because this is a substantive change in the ordinance, the ordinance needs to return to first reading. 725 a 0.0 000013 0438 1 76.1 ORDINANCE NO. 1334 Formatted:Different first page header Formatted:Underline AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND UPDATING VARIOUS CHAPTERS AND SECTIONS OF THE PALM DESERT MUNICIPAL CODE. WHEREAS,the City of Palm Desert ("City")is updating various sections of the Palm Desert Municipal Code("Municipal Code"),described particularly herein below in Ordinance No. , 1334. Amending and Updating Various Chapters and Sections of the Palm Desert Municipal Code("Ordinance") and WHEREAS, all other legal prerequisites to the presentation of this Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA DOES ORDAIN AS FOLLOWS: Section 1. Recitals. The City Council finds that the above recitals are true and correct and,accordingly,are incorporated as a material part of this Ordinance. Section 2. Amendment to Municipal Code Section 2.34.010. Municipal Code Section 2.34.010 Terms of appointment—Residency requirement—unexcused absences— Term length of the Municipal Code is hereby amended as follows: "2.2.H4.010 Terms of appointment—Residency requirement—Unexcused absences—Term length.. A. The beginning date for all terms of appointment to any city committee or commission will be January 1 and the ending date will be December 31, with the exception of appointments made to fill unexpired terms of office, or appointments made to fill new positions created during the year, but which will all be ultimately based upon the calendar year thereafter. Following expiration of the term of office, each member shall continue to serve until either he or she is reappointed or his or her successor is qualified and appointed. B. Ali terms of office for city committee and commission members will be four years, unless otherwise specified in the establishing ordinance, resolution, or bylaws therefor. Each member of a committee or commission shall be eligible for reappointment at the discretion of the city council, recognizing, however, that it is the city's goal to allow as many qualified and willing individuals as possible an opportunity to serve their community. C. Residency within the city limits of Palm Desert shall be a requirement for appointment to a city committee or commission except in cases where the city council deems it appropriate to appoint a nonresident to a board that has need of a specific expertise offered by a nonresident. D. Three unexcused absences from regular meetings in any one year (January 1—December 31) shall constitute an automatic resignation of members holding office on boards that meet monthly. ORDINANCE NO. 1334 . - {Formatted:Font:(Default)Arial,Bard,underline E. Six unexcused absences from regular meetings in any one year(January 1— December 31) shall constitute an automatic resignation of members holding office on boards that meet twice monthly. F. Two unexcused absences from regular meetings in any one year (January 1—December 31) shall constitute an automatic resignation of members holding office on boards that meet bimonthly. G. One unexcused absence from regular meetings in any one year(January 1— December 31) shall constitute an automatic resignation of members holding office on boards that meet quarterly. H. Upon written request by a member, the mayor may excuse an otherwise unexcused absence. Formatted:Underline PHI. Any or all members of any city committee or commission may be removed at any time,with or without cause,by a vote of the city council." Section 3. Amendment to Municipal Code Section 2.36.020. Additions and deletions to Municipal Code Section 2.36.020 are hereby adopted as follows: "2.36.020 Regular meetings. Except as otherwise set by city council resolution,the city council shall hold regular meetings on the date of second and fourth Thursday, at the location and time as may from time to time be set forth by the council by resolution. If by reason of fire, flood,,or other emergency, it is unsafe to meet in the regular meeting place,the meetings may be held for the duration of the emergency at such other place as is designated by the city council. When the day for any regular meeting falls on a holiday, Christmas Eve or New Year's Eve, such meeting shall be held at the same hour and place on the next succeeding day not a holiday,or such other time as designated by the city council." Section 4. Amendment to Municipal Code Section 8.12.030. Additions to Municipal Code Section 8.12.030 are hereby adopted as follows: Section 5. Amendment to Municipal Code Section 8.12.040. Additions to Municipal Code Section 8.12.040 are hereby adopted 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 Farmatted:zzmpTrailerItem — enclosure to accommodate a third bin for organic waste material in cases where food- Formatted:Default Paragraph Font related businesses are proposed or will be proposed in the future. Organic waste includes Formatted:zzmpTrailerltem food waste_ green waste, landscape and pruning waste, nonhazardous wood waste, and Formatted:Default Paragraph Font ORDINANCE NO. 1334 - {Formatted:Font:(Default)Arial,Bold,Underline food-soiled paper waste that is mixed in with food waste. Deviation in size may be made by the director of special programs." Section 6.Amendment to Municipal Code Chapter 8.23. Additions and deletions to Municipal Code Chapter 8.23 are hereby adopted as follows: "Chapter 8.23 FIREWORKS 8.23.010 Fireworks defined. As used in this chapter, the term "fireworks" includes, but is not limited to, firecrackers, sparklers, roman candles, sky rockets, bottle rockets, smoke bombs, torpedoes, fountains, and any device designated by its manufacturer as fireworks and any device classified as a firework pursuant to Health and Safety Code Section 12511. 8.23.020 Prohibitions. A. It is unlawful for any person to possess, store, use, discharge, manufacture, sell,give or transport fireworks. B. No person or organization shall maintain,conduct, advertise, produce, sell or furnish tickets for a fireworks display unless a permit for said display is issued by the city. In the event that a fireworks display occurs without issuance of a permit by the city,the person and/or organization responsible for the fireworks display shall be subject to a five hundred dollar fine. • C. In no case shall the discharge of a "salute" or any.other similar class of • concussion style firework be permitted. In the event it is discovered that the discharge of a "salute" or any other similar class of concussion style fireworks occurs, the person and/or organization responsible for the fireworks display shall be subject to a two thousand dollar fine. 8.23.030 Permit required. A. An application for a permit to conduct a fireworks display (indoors and outdoors) shall be submitted to the economic development and marketing department, no less than thirty business days prior to the scheduled fireworks display. B. No person or organization shall maintain, conduct,advertise produce, sell or furnish tickets for a fireworks display unless a permit for said display is issued by the city. In the event that a fireworks display occurs without issuance of a permit by the city.the person and/or organization responsible for the fireworks display shall be subject to a five hundred dollar fine. 8.23.0340€a*eeptioes Exemption. Formatted:umpTrarlerltem City-sponsored public fireworks displays shall be exempt from the prohibition against Formatted:Default Paragraph Font the use of salutes. Formatted:umpTrallerttem Formatted:Default Paragraph Font jtr):37.ix1s4a13l1;557lQ k. - _ - - - - - - - - - - . - - one-v -1 1 ORDINANCE NO. 1334 -{Formatted:Font:(Default)Anal,Bold,underline 8.23.050 Violations,penalties. A. In addition to any other remedy allowed by law, and any other remedy provided for in this chapter,any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, administrative penalties and, if applicable, permit revocation. B. Violations of this chapter constitute an infraction or misdemeanor and may be enforced by any applicable law. C. Violations of this chapter are hereby declared to be public nuisances. D. Each person is guilty of a separate offense each day a violation is allowed to continue and every violation of this chapter shall constitute a separate offense and shall be subject to all remedies. E. All remedies prescribed under this chapter shall be cumulative and the election of one or more remedies shall not bar the city from the pursuit of any other remedy for the purpose of enforcing the provisions hereof." Section 7. Amendment to Municipal Code Section 10.08.030. Additions and deletions to Municipal Code Section 10.08.030 are hereby adopted as follows: 10.08.030 Nonmoving traffic violations. It is the duty of the traffic division, with such aid as may be rendered by other members of the police department and/or members of the code division, volunteers approved by the city manager, including Citizens on Patrol, to enforce nonmoving traffic violations under Section 22507.8 and 22511.7 of the Vehicle Code,per Section 22507.9 of the Vehicle Code.o""^city and-to-make aFrests-e-F All parties shall be authorized to issue citations for violations of such regulations; however; all parties except Citizens on Patrol may make arrestss for violation of such regulations. Section 8. Amendment to Municipal Code Section 10.76.010. Additions and deletions to Municipal Code Section 10.76.010 are hereby adopted as follows: "10.76.010 Purpose and intent. Assembly Bill No 110 continues the authorization n vided by Assembly Bill Are 1229 for The California Streets and Highways Code authorizes the city to establish a golf cart transportation plan. It is the intent of this legislation and the city to continue a golf cart transportation system to accommodate the travel needs of commuters and other users. It is the further intent of the legislation to authorize the city to carry out a golf cart transportation program that extends the use of the golf cart beyond the existing law; provided that the city establish golf cart lanes, minimum golf cart standards, operation requirements, permit procedures and reporting practices as provided therein." formatted:27 m p[railed tern _ Formatted:Default Paragraph Font Section 9. Amendment to Municipal Code Section 10.76.020. Additions and ,Formatted:zzmpTralierttem deletions to Municipal Code section 10.76.020 are hereby adopted as follows: Formatted:Default Paragraph Font )412 37.i 1OH41,13(1.; i71 i1,„ pktiarr 3/ 111 ORDINANCE NO. 1334 ;Formatted:Font:(Default)Aral,Bold,Underline "10.76.020 Definitions. The following words and phrases when used in this chapter shall have the definitions respectfully ascribed to them in this section. Whenever any words or phrases used in this chapter are not defined but are defined in the California Vehicle Code and amendments thereto,such definitions shall apply. "City'means the city of Palm Desert. "Golf cart"means an electric powered a motor vehicle having not less than four three wheels in contact with the ground and an unladen weight of less than threo tam^ ic�nd one thousand three hundred (1,300) pounds which is designed to be and is operated at not more than twenty-five miles per hour and is designed to carry not more than Be four persons, including the driver. For purposes of this chapter, "golf cart" includes, but is not limited to, a utility style golf cart that is used for transporting maintenance equipment, and a shuttle style golf cart. "Golf cart lanes"is synonymous with "golf cart routes"and means all publicly owned facilities that provide for golf cart travel including roadways designated by signs or permanent markings which are shared with pedestrians, bicyclists, and other motorists in the plan area.There shall be three categories of golf cart lanes: 1. Class I golf cart lanes provide a right-of-way completely separated from any highway,with cross traffic by other motorists minimized,and designated for the exclusive use of golf carts, or, where feasibly safe and when no parallel improvements for pedestrians and.bicyclists are available,designated far the shared use of golf carts,bicyclists and pedestrians. 2. Class II golf cart lanes provide a restricted right-of-way on a highway designated by striping and signage for the exclusive or semi-exclusive use of golf carts, with through travel by motor vehicles or pedestrians prohibited, but with vehicle parking and cross traffic by pedestrians and other motorists permitted. 3. Class IIl golf cart lanes are lanes on local streets with speed limits of forty-five miles per hour or less and are shared with pedestrians,bicyclists and other motorists." Section 10. Amendment to Municipal Code Section 10.76.110. Additions and deletions to Municipal Code section 10.76,110 are hereby adopted as follows: "10.76.110 Golf cart operator safety criteria. A. The city council finds that minimum golf cart operator safety criteria for golf cart use on golf cart lanes have been established by the city engineer, police captain and golf cart transportation committee. Formatted:xxmprrailerttem Formatted:Default Paragraph Font B. The following safety criteria for operators are the minimum criteria set and Formatted:zxmpTrailerItem adopted by the city council: Formatted:Default Paragraph Font ORDINANCE NO. 1334 Formatted:Font:(Default)Anal,Bald,underline 1. A golf cart operator must have a valid driver's license issued by the state of California or an acceptable foreign jurisdiction or be physically disabled and determined to be able to operate an electric golf cart by their physician in writing and the city and to possess knowledge of traffic signals, signs, rules, laws, and safety sufficient to have obtained a driver's license in the absence of the disability. 2. Golf cart operators must comply with the financial responsibility requirements of Vehicle Code Section 16020 et seq. 3. Golf cart operators must maintain golf can in a safe condition and ensure that an unobstructed view to the rear is maintained at all times the cart is in operation on public streets. 4. Golf cart operators may only operate golf carts on public streets only during the time period between one hour prior to sunrise and one hour after sunset. 5. A maximum of six four persons may ride in the golf cart and may only ride in the main passenger compartment equipped with safety belts. The driver and all passengers must wear safety belts at all times that the golf cart is being operated on public streets. 6. Except as otherwise provided by law,golf cart operators: a. Must have a valid city golf cart permit for operation on public streets; b. May travel on residential or business district streets with speed limits of twenty-five m.p.h.or less: • c. May not travel on or along streets with speed limits in excess of twenty-five m.p.h. except on designated golf cart routes;and d. May not travel on, along or across state highways, except to cross at controlled intersections as designated in the golf cart transportation plan and indicated on the golf cart route map. 7. Golf cart permits issued by the city are valid only within, and designated golf cart routes do not extend beyond, the geographic boundaries of the city. Possession of a valid city golf cart permit does not authorize travel on or along public streets outside the geographic boundaries of the city." Section 11. Amendment to Municipal Code Section 10.76.200. Additions and deletions to Municipal Code section 10.76.200 are hereby adopted as follows: "10.76.200 Enforcement of golf cart transportation plan. The city council finds and determines that the city shall provide law Formatted:zzmpTrailerItem enforcement for the golf cart transportation plan and enforce the rules and regulations of the Formatted:Default Paragraph Font Palm Desert Municipal Code, the Streets and Highways Code (Chapter 6, Division 2.5, Formatted:7xmpTrailerltem Sections 1950 through 19671), and Section 21716 of the California Vehicle Code. Any Formatted:Default Paragraph Font 1 ORDINANCE NO. 1334 [Formatted:Font:(Default)Arial,sad,Underline person operating a golf cart in violation of this chapter is guilty of an infraction punishable by a fine not exceeding one hundred dollars." Section 12. Amendment to Municipal Code Table 25.10-3. Additions and deletions to Municipal Code Table 25.10-3 are hereby adopted as follows: Table 25.10-3:Residential Zoning District Development Standards RE' R-1, 000 Meuuemea/Zammg District >10' R-2 R-3 R-IM' HPR' >1 ac >15,000 sf ben 40,000 d }18,A00 st Section 13. Amendment to Municipal Code Section 25.46.040(B). Municipal Code Section 25.46.040(B)is hereby deleted in its entirety. Section 14. Amendment to Municipal Code Section 25.52.040(B)(1). Municipal Code Section 25.52.040(B)(1)is hereby deleted in its entirety. Section 15. Severability. If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portion of the Ordinance.The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase would be declared invalid,unconstitutional or unenforceable. Section 16.CEQA.The City Council hereby finds and determines that the Project is exempt from CEQA pursuant to State CEQA Guidelines section 15061(b)(3)because it can be seen with certainty that the Project would not have the potential or possibility for causing a significant effect on the environment. Specifically,the proposed changes to the Municipal Code are primarily administrative in nature and clean-up various inconsistencies that existed in the prior version of the Municipal Code. Moreover, many of the changes are technical in nature and do not allow for specific development. In reviewing the Project the City Council has exercised its independent judgment and has reviewed and considered the Project in light of all testimony received, both oral and written. Therefore, based upon the entire administrative record, the City Council hereby determines that no further environmental review is required for the proposed Project. SECTION 17.Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this Ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty(30)days after its adoption. •Formatted:ampTrailerItem • Formatted:Default Paragraph Font •Formatted:ampTrailerltem Formatted:Default Paragraph Font • iI ',I i • i.� ORDINANCE NO.1334, L Formatted:Font:(Default)Arial,Bold,Underline PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Palm Desert, California, on the day of January, 2018 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: SABBY JONNATHAN, MAYOR atab ionatha. Mayo. ATTEST: RACHELLE D.KLASSEN,CITY CLERKCity Clerk CITY OF PALM DESERT,CALIFORNIA City of Palm Docert,California APPROVED AS TO FORM: -ROBERT W.HARGREAVES,CITY ATTORNEYabert Hargceavoe,City Attorney Formatted:ampTrailerItern Formatted:Default Paragraph Font Formatted:ampTrailerItem Formatted:Default Paragraph Font