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HomeMy WebLinkAboutOrd 1334 - Amnd & Update Various PDMCsORDINANCE NO. 1334 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: "2.34.010 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. All 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. ORDINANCE NO. 1334 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. 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 reaular meetinas in anv one year (January 1— December 31) shall constitute an automatic resignation of members holdina office on boards that meet bimonthly. G. One unexcused absence from reaular meetinas in anv one year (January 1— December 31) shall constitute an automatic resignation of members holding office on boards that meet quarterly. H. Upon written reauest bv a member. the mayor mav excuse an otherwise unexcused absence. I. 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 bv 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 recvclina regulations mav necessitate a laraer trash enclosure to 80237.00840\30355710.3 DRAFT 1/31/18 ORDINANCE NO. 1334 accommodate a third bin for oraanic 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 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 subiect 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 subiect 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 subiect to a five hundred dollar fine. 80237.00840\30355710.3 DRAFT 1/31/18 ORDINANCE NO. 1334 8.23.0340 Exceptions Exemption. Citv-sponsored public fireworks display s shall be exempt from the prohibition aaainst the use of salutes. 8.23.050 Violations. penalties. A. In addition to anv other remedy allowed bv law. and anv other remedy provided for in this chapter. anv person who violates a provision of this chapter is subiect 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 bv anv 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 subiect 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 anv 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 andief, members of the code division, volunteers approved bv 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. ef-the city, and to make arrests or All parties shall be authorized to issue citations for violations of such regulations; however; all parties except Citizens on Patrol may make arrests issue Gitations 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. few 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 80237.00840\30355710.3 DRAFT 1/31/18 ORDINANCE NO. 1334 establish golf cart lanes, minimum golf cart standards, operation requirements, permit procedures and reporting practices as provided therein." Section 9. Amendment to Municipal Code Section 10.76.020. Additions and deletions to Municipal Code section 10.76.020 are hereby adopted as follows: "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 cicctric powered a motor vehicle having not less than fouf three wheels in contact with the ground and an unladen weight of less than three thousand 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 six four persons, including the driver. For purposes of this chapter. "aolf cart" includes. but is not limited to. a utility style golf cart that is used for transportina maintenance eauipment. 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 for the shared use of golf carts, bicyclists and pedestrians. 2. Class 11 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 III 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: 80237.00840\30355710.3 DRAFT 1/31/18 ORDINANCE NO. 1334 "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. B. The following safety criteria for operators are the minimum criteria set and adopted by the city council: 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 cart 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 Tess; 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." 80237.00840\30355710.3 DRAFT 1/31/18 ORDINANCE NO. 1334 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 enforcement for the golf cart transportation plan and enforce the rules and regulations of the Palm Desert Municipal Code, the Streets and Highways Code (Chapter 6, Division 2.5, Sections 1950 through 19671), and Section 21716 of the California Vehicle Code. Any 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 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(6)(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 Tight 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. 8023 7.00840\3 03 5 5 710.3 DRAFT 1/31/18 ORDINANCE NO. 1334 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Palm Desert, California, on the 22nd day of February, 2018 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: SABBY JONATHAN, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: ROBERT W. HARGREAVES, CITY ATTORNEY 80237.00840\30355710.3 DRAFT 1/31/18