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HomeMy WebLinkAboutOrd 1317 - Updates to the PDMCORDINANCE NO. 1317 CITY OF PALM DESERT STAFF REPORT REQUEST: ADOPTION OF ORDINANCE NO. 1317 AMENDING AND UPDATING VARIOUS CHAPTERS AND SECTIONS OF THE PALM DESERT MUNICIPAL CODE. SUBMITTED BY: DATE: FEBRUARY 23, 2017 CONTENTS: ORDINANCE NO. 1317 Recommendation: ROBERT HARGREAVES, CITY ATTORNEY JILL TREMBLAY, DEPUTY CITY ATTORNEY IME ;N DATE n� - (9t3.50 °7 Li r`,`•.Tin''.)TO Adopt Ordinance No. 1317 ("Ordinance") amending and updating various chapters and sections of the Palm Desert Municipal Code ("Code" or "PDMC"). Executive Summary: Adoption of the Ordinance will ensure that the City of Palm Desert's ("City") Municipal Code is consistent with current law, current policy, and other Municipal Code sections. Discussion: Every year the city attorney works with city staff to identify and correct or update anomalies in the city code. The corrections and updates are considered administrative in nature and do not involve policy considerations. The following is a synopsis of the revisions proposed for this year. (1) Chapter 2.52 Personnel System Section 2.52.460 is proposed for deletion because the City Clerk no longer reports to the City Council. The City Clerk reports to the City Manager and the salary is set by resolution along with all other employee salaries. Section 2.52.465 is proposed for modification because there is no longer a position of Executive Director for the Redevelopment Agency ("RDA"). The City Manager is also the Executive Director of the Successor Agency to the Redevelopment Agency. The Code section, as existing, is a holdover from when the Executive Director of the RDA was not the same person as the City Manager. Staff Report — 2017 Palm Desert Municipal Code Update February 23, 2017 Page No. 2 (2) Chapter 3.30 Public Works Contracts and Biddina Requirements Section 3.30.020 is proposed for modification to specifically include the Public Works Director's and City Engineer's authority to approve engineering plans for all City public works projects. This delegation assists the City in establishing design immunity in appropriate cases. (3) Chapter 5.87 Massaae Establishments and Chapter 5.90 Massage Practitioners AB 2194, effective January 1, 2017, states that local governments cannot require a California Massage Therapy Council (CAMTC) certificate holder to pass a criminal background check or to submit fingerprints for a state or federal background check. As such, Chapter 5.87 should be revised to comply with this new law. Chapter 8.40 Recreational Vehicles on Private Property Section 8.40.020 is proposed for modification so that it is consistent with Section 10.96.020, which provides that temporary parking permits are not required when a person is simply loading/unloading and/or cleaning a recreational vehicle within a consecutive twenty-four hour time period. Section 8.40.060 is proposed for modification so that RV's permitted for storage on real property may remain on the property, as lawful non -conforming uses, until the property is sold. The current requirement to remove within a year is eliminated as it has not been enforced. Chapter 8.70 Property Maintenance Section 8.70.080 is proposed for modification to conform to the City's policy that does not allow storage of construction equipment visible from the public right of way. Section 8.70.350 is proposed for modification to correct an inaccurate code reference. Chapter 10.96 Recreational Vehicles Section 10.96.010 is proposed for modification so that the definitions are consistent with Section 8.40.020, which provides a comprehensive definition of the term "recreational vehicle." Chapter 11.01 General Provisions (Title 11 Parks) Section 11.01.080 is proposed for modification so that the limits on kindling a fire in a public park are clarified. 8023 7.00840\29556794.3 Staff Report — 2017 Palm Desert Municipal Code Update February 23, 2017 Page No. 3 Chapter 15.26 Fire Code Section 15.26.030(N) is proposed for modification to bring it into compliance with the updated California Fire Code. Chapter 28.06 General Provisions (Title 28 Flood Damage Prevention) Section 28.06.020 is proposed for modification as requested by FEMA to include the date of FEMA's original Flood Insurance Study and Flood Information Map. Fiscal Impact: There is no fiscal impact associated with the recommended action. SUBMITTEBY: R•'•e Hari Ci Attorn reav s y APPROVAL: rauri Aylaian City Manager Attachment: CITY COUNCILA91'ION APPROVED �/ DENIED RECEIVED OTHER (')[ d - / 3i 7 C.LSeci tr) And Kean 11 MEET D�V'E qc1 AYES• umn r1. may, Ne t re. t� .�1er. € /`I rni i NOES: A� - ABSENT: A0)12 ABSTAIN: N MIL. g VERIFIED BY: Original on File with City k's Office 1. ORDINANCE NO. 1317 AMENDING AND UPDATING VARIOUS CHAPTERS AND SECTIONS OF THE PALM DESERT MUNICIPAL CODE. 8023 7.00840\295 56794.3 ORDINANCE NO. 1317 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. , Amending and Updating Various Chapters and Sections of the Palm Desert Municipal Code ("Ordinance"); and WHEREAS, the City Council held a duly -noticed public hearing on the Ordinance on February 23, 2017 to afford the public an opportunity to review and comments upon the Ordinance; and WHEREAS, the City is the Lead Agency under the California Environmental Quality Act ("CEQA"), California Public Resources Code section 21000 et seq. and the State CEQA Guidelines, California Code of Regulations, title 14, sections 15000 et seq.; and WHEREAS, City staff has determined that the Ordinance is a "project" as defined in Public Resources Code section 21065 and State CEQA Guidelines section 15378; and WHEREAS, staff has determined that the Ordinance is exempt from the requirements of the CEQA and the State CEQA Guidelines pursuant to State CEQA Guidelines section 15061, subsection (b)(3); and WHEREAS, no comments made at or before the public hearing demonstrate any potential or possibility that the Ordinance would cause a significant effect on the environment; 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 2.52.460. Municipal Code Section 2.52.460 Salary —City clerk of the Municipal Code is hereby deleted in its entirety as follows: "2.52.460 ark. RESERVED T v cila'ry of -the -city clerk c c ORDINANCE NO. 1317 Section 3. Amendment to Municipal Code Section 2.52.465. Additions and deletions to Municipal Code Section 2.52.465 Salary —City manager and executive director of the redevelopment agency are hereby adopted as follows: "2.52.465 Salary —City manager and executive director of the redevelopment icy. The city council ate -agency -beard sets the salary+es of the city manager and the Qvmont agency.,, Section 4. Amendment to Municipal Code Section 3.30.020. Additions to Municipal Code section 3.30.020 Municipal projects are hereby adopted as follows: "3.30.020 Municipal projects. A. Except on locally funded public works projects of twenty-five thousand dollars or less when the project is for construction work, or fifteen thousand dollars or less when the project is for alteration, demolition, repair or maintenance work, all contractors performing work on city public works projects shall be subject to California Prevailing Wage Law, codified at California Labor Code Section 1720 et seq., as it may be amended from time to time. B. The only limitation on the provisions of subsection A shall be in the event federal funding requirements supersede state prevailing wage laws. C. The Director of Public Works and City Engineer are authorized to approve engineering plans for all public works of the City." Section 5. Amendment to Municipal Code Section 5.87.050(A)(1)(a)(vii) and (2)(4). Additions and deletions to Municipal Code section 5.87.050(A)(1)(a)(vii) and (2)(4) Certified massage establishment —Permit required are hereby adopted as follows: "5.87.050 Certified massage establishment —Permit required. A. Any person desiring to own or operate an establishment to provide massage services within the city shall file a massage establishment permit application on forms provided by the city manager, submitted under penalty of perjury and containing all of the following information: 1. State Certification Verification and Applicant Information. a. A certified massage establishment applicant/owner shall produce: vii. Fingcrprinc, cv tsj o oubmit ta-Department oubmit S seguont errs*t notice for rcncwal appli^ cth^x the applicant hhcc cny-ef-the following: 2 ORDINANCE NO. 1317 a u i ro s registration under California Ponal g in house —of ill -fame), 316 (keeping disorderly house), 318 a►mblin (C) Convictions of any felony offense involving the sale of a controlled o►statence spocified in Sootion 1104 055, 11056, 11057, or 11058 of the California 51032 (maccc (E) All injunstlens-for nuisances under California Penal Code Soctions 11225 through 1123.E (-red-light abstem-ent-law), (F) Convictiono in any other state of any offense which, if committed or attempted in thio otat cn pvnchablo as one or more of the referenced offenses -of thio osbdivision, (G) Cane irc=cy e attompt to sommit any in oubooctions viii. If the city finds that an applicant's ba :Its ins finding that the -city --determine io ro a mac ge-establishmen+t,the city wtatlichmont in and he io in asserdance-with the -law. 4. Authorization for the City of Palm Desert, its agents and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application and generally into the background of the applicant, without conducting any type of fingerprinting or formal background check. 71 Section 6. Amendment to Municipal Code Section 5.87.070(A)(6). Deletions to Municipal Code section 5.87.070(A)(6) Certified massage establishment —Permit issuance are hereby adopted as follows: "5.87.070 Certified massage establishment —Permit issuance. A. The city manager may issue a massage establishment permit to a certified massage establishment that demonstrates all of the following: 3 ORDINANCE NO. 1317 —fc ThO tho ba^ r authorized by this ehapter-shows th0 such person h& net been required to register „nrdor tho pravisians-of cnt jvric ); ham: n co#awlk hment-permit or or oopended--within tho-oast five yccm; and hao not beon o ibjcct to an injunction --for ono 1122E through 1123E within tho last -five -years, fl Section 7. Amendment to Municipal Code Section 5.90.040(C). Additions and deletions to Municipal Code 5.90.040(C) Certificates of registration are hereby adopted as follows: "5.90.040 Certificates of registration. C. If the application is denied, the city manager shall promptly give the applicant written notice thereof and the findings for such denial. The applicant may submit a written request for reconsideration with the city manager within ten calendar days of the date of the city manager's written notice of denial. The request for reconsideration shall be accompanied by a fifty -dollar filing fee, or other amount as established from time to time by city council resolution. Upon receipt of the written request, the city manager shall reconsider the application together with any new records, documents, or information presented by the applicant, or discovered by the city -within th and will provide a written decision within thirty (30) calendar days. The city manager's decision on the reconsideration shall be final. „ Section 8. Amendment to Municipal Code Section 8.40.020. Additions to Municipal Code section 8.40.020 Definition of recreational vehicles are hereby adopted as follows: "8.40.020 Definition of recreational vehicles. Recreational vehicles" in this chapter mean and include, but are not limited to, the following specific vehicles: "Aircraft" is a general term applying to all manner of aircraft, whether impelled by wind or mechanical devices, and which are designed for recreational or vacation use. An aircraft when mounted upon a trailer shall be considered one unit. "Camper" means a separate vehicle designed for human habitation and which can be attached or detached from a pickup truck. When removed from the truck, campers are called "unmounted campers." These campers are sometimes referred to as "truck campers" and "overhead campers." Camper shells on pickup trucks are excluded from this definition. 4 ORDINANCE NO. 1317 "Camping trailer" means a type of trailer or trailer coach, the walls of which are so constructed as to be collapsible and made out of either canvas or similar cloth, or some form of rigid material such as fiberglass, plastic or metal. The walls are collapsed while the recreational vehicle is being towed or stored and are raised or unfolded when the vehicle becomes temporary living quarters and is not being moved. "Motor home" means a motorized vehicle that has a truck or motor van chassis primarily designed to provide temporary living quarters for travel, camping, recreation and vacation use. "Off -road vehicles" means a dirt bike, dune buggy, off -road vehicle (two -wheel, three -wheel, four-wheel or tracked). "Travel trailer" means a trailer without its own motive power, designed as a temporary dwelling for travel, camping, recreation and vacation use. This definition includes fifth wheelers. "Utility trailer" means a trailer without its own motive power designed and/or used for the transportation of animals, goods, material, aircraft, watercraft and all manner of motor vehicles. "Watercraft" is a general term applying to all manner of watercraft, whether impelled by wind, oars or mechanical devices, and which are designed primarily for recreation or vacation use. A watercraft when mounted upon a trailer shall be considered one unit." Section 9. Amendment to Municipal Code Section 8.40.060(D). Deletions to Municipal Code section 8.40.060(D) Permit issuance to park recreational vehicles on private property are hereby adopted as follows: "8.40.060 Permit issuance to park recreational vehicles on private property. A permit must be obtained in accordance with this section prior to storing a recreational vehicle on private property. D. Lawful existing recreational vehicle parking locations and screening devices on private property at the time of adoption of the ordinance codified in this chapter, which do not comply with the requirements of this chapter as amended, shall be deemed lawful nonconforming uses, and shall be made to comply, be removed, or demolished upon transfer of ownership of the property, and street -side -yard,:, a twelve-month am The burden of proof of the approval of these lawful nonconforming parking locations and/or screening devices shall be placed on the property owner. ,f 5 ORDINANCE NO. 1317 Section 10. Amendment to Municipal Code Section 8.70.080. Additions and deletions to Municipal Code section 8.70.080 Construction equipment, machinery and materials are hereby adopted as follows: "8.70.080 Construction equipment, machinery and materials. Construction equipment, machinery, or building materials of any type or description shall not be parked or stored on any portion of the premises that is visible from the public right-of-way or from adjacent properties except during excavation, construction, or demolition operations conducted pursuant to an active building or grading permit for the premises. In addition, vehicles towing cement mixers and other construction equipment shall not be parked or stored in public view ter -morn than twelve hours at a location that is not the site of an ongoing construction project." Section 11. Amendment to Municipal Code Section 8.70.350. Additions and deletions to Municipal Code section 8.70.350 Lighting are hereby adopted as follows: "8.70.350 Lighting. Any outdoor property lighting fixtures and lamps must comply with Chapter 8,28 24.16.015 of this code." Section 12. Amendment to Municipal Code Section 10.96.010. Additions and deletions to Municipal Code section 10.96.010 Recreational vehicles defined are hereby adopted as follows: "10.96.010 Recreational vehicle defined. "Recreational vehicles" means and includes, but is nt limited to, any without the trcrx1^9-Fting-trailer-in this chapter mean and include, but is not limited to, the following specific vehicles: "Aircraft" is a general term applying to all manner of aircraft, whether impelled by wind or mechanical devices, and which are designed for recreational or vacation use. An aircraft when mounted upon a trailer shall be considered one unit. "Camper" means a separate vehicle designed for human habitation and which can be attached or detached from a pickup truck. When removed from the truck, campers are called "unmounted campers." These campers are sometimes referred to as "truck campers" and "overhead campers." Camper shells on pickup trucks are excluded from this definition. "Camping trailer" means a type of trailer or trailer coach, the walls of which are so constructed as to be collapsible and made out of either canvas or similar cloth, or some form of rigid material such as fiberglass, plastic or metal. The walls are collapsed while the recreational vehicle is being towed or stored and are raised 6 ORDINANCE NO. 1317 or unfolded when the vehicle becomes temporary living quarters and is not being moved. "Motor home" means a motorized vehicle that has a truck or motor van chassis primarily designed to provide temporary living quarters for travel, camping, recreation and vacation use. "Off -road vehicles" means a dirt bike, dune buggy, off -road vehicle -(two - wheel, three -wheel. four-wheel or tracked). "Travel trailer" means a trailer without its own motive power, designed as a temporary dwelling for travel, camping, recreation and vacation use. This definition includes fifth wheelers. "Utility trailer" means a trailer without its own motive power designed and/or used for the transportation of animals, goods, material, aircraft, watercraft and all manner of motor vehicles. "Watercraft" is a general term applying to all manner of watercraft, whether impelled by wind, oars or mechanical devices, and which are designed primarily for recreation or vacation use. A watercraft when mounted upon a trailer shall be considered one unit." Section 13. Amendment to Municipal Code Section 10.96.020. Additions to Municipal Code section 10.96.020 Temporary parking permit procedure are hereby adopted as follows: "10.96.020 Temporary parking permit procedure. F. No parking permit will be required for the sole purpose of anv person loading/unloading, and/or cleaning a recreational vehicle within a consecutive twentv-four hour time period. 17 Section 14. Amendment to Municipal Code Section 11.01.080(G). Additions and deletions to Municipal Code section 11.01.080(G) Prohibited conduct generally are hereby adopted as follows: "11.01.080 Prohibited conduct generally. Within the limits of any public park or recreation area of the city, no personal shall: G. Make or kindle a fire exception in an picnic-stsvkvcJiar, fire pit or ether appropriate device provided or approved for that purpose by the public authorities; 7 ORDINANCE NO. 1317 17 Section 15. Amendment to Municipal Code Section 15.26.030(N). Municipal Code Section 15.26.030 Amendments to the California Fire Code, Subsection N. Automatic Sprinkler Systems is hereby amended as follows: "1. Section 903.2 of the California Fire Code is deleted in its entirety and replaced with the following: 903.2 Where required. In all new buildings and structures which are 3,000 square feet or greater or where the combination of new additional square footage and existing square footage exceeds 3,000 square feet, an approved automatic sprinkler system shall be provided regardless of occupancy classification. The fire -resistive walls shall not be considered for reducing the fire area of the building and structures for the purposes of this section. Where the Sections 903.2.1 — 903.2.19 of the California Fire Code require more restrictive requirements than those listed below, the more restrictive requirement shall take precedence. Exception: Unless required elsewhere in this code or the California Building Code, automatic fire sprinkler systems shall not be required for the following: 1. Detached Group U occupancies used for agricultural or livestock purposes, less than 5,500 square feet, and having setback distances of 50 feet or more from the property line and other buildings. 2. Detached non-combustible equestrian arena shade canopies that are open on all sides and used for riding only - no commercial, assembly or storage uses. 3. Detached fabric or non-combustible shade structures that are open on all sides and used to shade playground equipment, temporary storage of vehicles and dining areas with no cooking. 4. Detached Group U occupancy greenhouses less than 5,500 square feet." Section 16. Amendment to Municipal Code Section 28.06.020. Additions and deletions to Municipal Code section 28.06.020 Basis for establishing the areas of special flood hazard are hereby adopted as follows: "28.06.020 Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated August 28, 2008 October 1979, and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated Auguct ` 8, 2008 April 15, 1980, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this title. This FIS and attendant mapping is the minimum area of applicability of this title and may be supplemented by studies for other areas which allow implementation of this title and which are recommended to the city council by the floodplain 8 ORDINANCE NO. 1317 administrator. The study, FIRMs and FBFMs are on file at the public works department, Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California." SECTION 17.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 18. 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 19.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 this day of , 2017, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: JAN C. HARNIK, MAYOR RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 9 ORDINANCE NO. 1317 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. .(J��/ �Cf }/t) 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. 1317, Amending and Updating Various Chapters and Sections of the Palm Desert Municipal Code ("Ordinance"); and WHEREAS, the City is the Lead Agency under the California Environmental Quality Act ("CEQA"), California Public Resources Code section 21000 et seq. and the State CEQA Guidelines, California Code of Regulations, title 14, sections 15000 et seq.; and WHEREAS, City staff has determined that the Ordinance is a "project" as defined in Public Resources Code section 21065 and State CEQA Guidelines section 15378; and WHEREAS, staff has determined that the Ordinance is exempt from the requirements of the CEQA and the State CEQA Guidelines pursuant to State CEQA Guidelines section 15061, subsection (b)(3); and WHEREAS, no comments made at or before the public hearing demonstrate any potential or possibility that the Ordinance would cause a significant effect on the environment; 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 2.52.460. Municipal Code Section 2.52.460 Salary —City clerk of the Municipal Code is hereby deleted in its entirety as follows: "2.52.460 Salary —City -clerk. RESERVED PIT ccicr) adjustamitc me " Section 3. Amendment to Municipal Code Section 2.52.465. Additions and deletions to Municipal Code Section 2.52.465 Salary —City manager and executive director of the redevelopment agency are hereby adopted as follows: ORDINANCE NO. 1317 "2.52.465 Salary —City manager ageney. The city council and -agency --beard sets the salaryies of the city manager -the exeeetive-difeeter--ef-the-redevelepment- agency." Section 4. Amendment to Municipal Code Section 3.30.020. Additions to Municipal Code section 3.30.020 Municipal projects are hereby adopted as follows: "3.30.020 Municipal projects. A. Except on locally funded public works projects of twenty-five thousand dollars or less when the project is for construction work, or fifteen thousand dollars or less when the project is for alteration, demolition, repair or maintenance work, all contractors performing work on city public works projects shall be subject to California Prevailing Wage Law, codified at California Labor Code Section 1720 et seq., as it may be amended from time to time. B. The only limitation on the provisions of subsection A shall be in the event federal funding requirements supersede state prevailing wage laws. C. The Director of Public Works and City Engineer are authorized to approve engineering plans for all public works of the City." Section 5. Amendment to Municipal Code Section 5.87.050(A)(1)(a)(vii) and (2)(4). Additions and deletions to Municipal Code section 5.87.050(A)(1)(a)(vii) and (2)(4) Certified massage establishment —Permit required are hereby adopted as follows: "5.87.050 Certified massage establishment —Permit required. A. Any person desiring to own or operate an establishment to provide massage services within the city shall file a massage establishment permit application on forms provided by the city manager, submitted under penalty of perjury and containing all of the following information: 1. State Certification Verification and Applicant Information. a. A certified massage establishment applicant/owner shall produce: vii. FingeFpfintc, s►r;' o !impartment costs for ubaequont arrest notice for rorxi al aFpli 2 ORDINANCE NO. 1317 •icit pla (C) Conviotiono s1,tc/cn 0E.5, 11 , cral trite cnc 1122E through 11225 (red-lisht ate:ar law} (F) Conviotiono in and oh, if oommitted or unichetio ac cne or moro of the referenced offenses thic cubdivision, (G) Cencrpira ommit and d in subcectiens (v off-( —viii. If the-city-findc :het an at►1:Iiswint'c background check-rcc Itc in s-finding-that e mccrr nt in end r that io in accordance -with the -law: 4. Authorization for the City of Palm Desert, its agents and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application and aenerallv into the background of the applicant. without conducting any type of fingerprinting or formal backaround check. Section 6. Amendment to Municipal Code Section 5.87.070(A)(6). Deletions to Municipal Code section 5.87.070(A)(6) Certified massage establishment —Permit issuance are hereby adopted as follows: "5.87.070 Certified massage establishment —Permit issuance. A. The city manager may issue a massage establishment permit to a certified massage establishment that demonstrates all of the following: —C That t Ghapter-showc that mob person hoc n 3 ORDINANCE NO. 1317 rat jrie ); hao not-hac an individual or rr cuwencled-within the het five--yc c; and ham:. not been subject to an injunctten-4er no 1120E thr Section 7. Amendment to Municipal Code Section 5.90.040(C). Additions and deletions to Municipal Code 5.90.040(C) Certificates of registration are hereby adopted as follows: "5.90.040 Certificates of registration. C. If the application is denied, the city manager shall promptly give the applicant written notice thereof and the findings for such denial. The applicant may submit a written request for reconsideration with the city manager within ten calendar days of the date of the city manager's written notice of denial. The request for reconsideration shall be accompanied by a fifty -dollar filing fee, or other amount as established from time to time by city council resolution. Upon receipt of the written request, the city manager shall reconsider the application together with any new records, documents, or information presented by the applicant, or discovered by the city, and will provide a written decision within thirty (30) calendar days. The city manager's decision on the reconsideration shall be final. Section 8. Amendment to Municipal Code Section 8.40.020. Additions to Municipal Code section 8.40.020 Definition of recreational vehicles are hereby adopted as follows: "8.40.020 Definition of recreational vehicles. Recreational vehicles" in this chapter mean and include, but are not limited to, the following specific vehicles: "Aircraft" is a general term applying to all manner of aircraft, whether impelled by wind or mechanical devices, and which are designed for recreational or vacation use. An aircraft when mounted upon a trailer shall be considered one unit. "Camper" means a separate vehicle designed for human habitation and which can be attached or detached from a pickup truck. When removed from the truck, campers are called "unmounted campers." These campers are sometimes referred to as "truck campers" and "overhead campers." Camper shells on pickup trucks are excluded from this definition. "Camping trailer" means a type of trailer or trailer coach, the walls of which are so constructed as to be collapsible and made out of either canvas or similar cloth, or some form of rigid material such as fiberglass, plastic or metal. The walls are collapsed while the 4 ORDINANCE NO. 1317 recreational vehicle is being towed or stored and are raised or unfolded when the vehicle becomes temporary living quarters and is not being moved. "Motor home" means a motorized vehicle that has a truck or motor van chassis primarily designed to provide temporary living quarters for travel, camping, recreation and vacation use. "Off -road vehicles" means a dirt bike. dune buaay. off -road vehicle (two -wheel. three -wheel, four-wheel or tracked). "Travel trailer" means a trailer without its own motive power, designed as a temporary dwelling for travel, camping, recreation and vacation use. This definition includes fifth wheelers. "Utility trailer" means a trailer without its own motive power designed and/or used for the transportation of animals, goods, material, aircraft, watercraft and all manner of motor vehicles. "Watercraft" is a general term applying to all manner of watercraft, whether impelled by wind, oars or mechanical devices, and which are designed primarily for recreation or vacation use. A watercraft when mounted upon a trailer shall be considered one unit." Section 9. Amendment to Municipal Code Section 8.40.060(D). Deletions to Municipal Code section 8.40.060(D) Permit issuance to park recreational vehicles on private property are hereby adopted as follows: "8.40.060 Permit issuance to park recreational vehicles on private property. A permit must be obtained in accordance with this section prior to storing a recreational vehicle on private property. D. Lawful existing recreational vehicle parking locations and screening devices on private property at the time of adoption of the ordinance codified in this chapter, which do not comply with the requirements of this chapter as amended, shall be deemed lawful nonconforming uses, and shall be made to comply, be removed, or demolished upon transfer of ownership of the property, unless ands#eet side yards a twelvu mwnth am ()thy means-ef storage. The burden of proof of the approval of these lawful nonconforming parking locations and/or screening devices shall be placed on the property owner. 11 Section 10. Amendment to Municipal Code Section 8.70.080. Additions and deletions to Municipal Code section 8.70.080 Construction equipment, machinery and materials are hereby adopted as follows: 5 ORDINANCE NO. 1317 "8.70.080 Construction equipment, machinery and materials. Construction equipment, machinery, or building materials of any type or description shall not be parked or stored on any portion of the premises that is visible from the public right-of-way or from adjacent properties except during excavation, construction, or demolition operations conducted pursuant to an active building or grading permit for the premises. In addition, vehicles towing cement mixers and other construction equipment shall not be parked or stored in public view at a location that is not the site of an ongoing construction project." Section 11. Amendment to Municipal Code Section 8.70.350. Additions and deletions to Municipal Code section 8.70.350 Lighting are hereby adopted as follows: "8.70.350 Lighting. Any outdoor property lighting fixtures and lamps must comply with Chapter 8,28 24.16.015 of this code." Section 12. Amendment to Municipal Code Section 10.96.010. Additions and deletions to Municipal Code section 10.96.010 Recreational vehicles defined are hereby adopted as follows: "10.96.010 Recreational vehicle defined. "Recreational vehicles" mccna cnd--includoo, but io not Iimitod to, any in this chapter mean and include. but is not limited to. the following specific vehicles: "Aircraft" is a General term applying to all manner of aircraft. whether impelled by wind or mechanical devices, and which are desianed for recreational or vacation use. An aircraft when mounted upon a trailer shall be considered one unit. "Camper" means a separate vehicle designed for human habitation and which can be attached or detached from a pickup truck. When removed from the truck. campers are called "unmounted campers." These campers are sometimes referred to as "truck campers" and "overhead campers." Camper shells on pickup trucks are excluded from this definition. "Camping trailer" means a type of trailer or trailer coach. the walls of which are so constructed as to be collapsible and made out of either canvas or similar cloth, or some form of rigid material such as fiberglass. plastic or metal. The walls are collapsed while the recreational vehicle is being towed or stored and are raised or unfolded when the vehicle becomes temporary living quarters and is not being moved. 6 ORDINANCE NO. 1317 "Motor home" means a motorized vehicle that has a truck or motor van chassis primarily desianed to provide temporary living quarters for travel, camping, recreation and vacation use. "Off -road vehicles" means a dirt bike. dune buaay. off -road vehicle -(two - wheel, three -wheel, four-wheel or tracked). "Travel trailer" means a trailer without its own motive power, designed as a temporary dwelling for travel. camping, recreation and vacation use. This definition includes fifth wheelers. "Utility trailer" means a trailer without its own motive power designed and/or used for the transportation of animals, goods, material, aircraft, watercraft and all manner of motor vehicles. "Watercraft" is a General term applying to all manner of watercraft, whether impelled by wind, oars or mechanical devices, and which are designed primarily for recreation or vacation use. A watercraft when mounted upon a trailer shall be considered one unit." Section 13. Amendment to Municipal Code Section 10.96.020. Additions to Municipal Code section 10.96.020 Temporary parking permit procedure are hereby adopted as follows: "10.96.020 Temporary parking permit procedure. F. No parkins permit will be reauired for the sole purpose of anv person loadina/unloadina. and/or cleaning a recreational vehicle within a consecutive twentv-four hour time period. 11 Section 14. Amendment to Municipal Code Section 11.01.080(G). Additions and deletions to Municipal Code section 11.01.080(G) Prohibited conduct generally are hereby adopted as follows: "11.01.080 Prohibited conduct generally. Within the limits of any public park or recreation area of the city, no personal shall: G. Make or kindle a fire except in an picnic -steno, braaier,fire-pier-other appropriate device provided or approved for that purpose by the public authorities; 11 7 ORDINANCE NO. 1317 Section 15. Amendment to Municipal Code Section 15.26.030(N). Municipal Code Section 15.26.030 Amendments to the California Fire Code, Subsection N. Automatic Sprinkler Systems is hereby amended as follows: "1. Section 903.2 of the California Fire Code is deleted in its entirety and replaced with the following: 903.2 Where required. In all new buildings and structures which are 3,000 square feet or greater or where the combination of new additional square footaqe and existing square footaae exceeds 3.000 square feet, an approved automatic sprinkler system shall be provided regardless of occupancy classification. The fire -resistive walls shall not be considered for reducing the fire area of the building and structures for the purposes of this section. Where the Sections 903.2.1 — 903.2.19 of the California Fire Code require more restrictive requirements than those listed below, the more restrictive requirement shall take precedence. Exception: Unless required elsewhere in this code or the California Building Code, automatic fire sprinkler systems shall not be required for the following: 1. Detached Group U occupancies used for agricultural or livestock purposes, less than 5,500 square feet, and having setback distances of 50 feet or more from the property line and other buildings. 2. Detached non-combustible equestrian arena shade canopies that are open on all sides and used for riding only - no commercial, assembly or storage uses. 3. Detached fabric or non-combustible shade structures that are open on all sides and used to shade playground equipment, temporary storage of vehicles and dining areas with no cooking. 4. Detached Group U occupancy greenhouses less than 5,500 square feet." Section 16. Amendment to Municipal Code Section 28.06.020. Additions and deletions to Municipal Code section 28.06.020 Basis for establishing the areas of special flood hazard are hereby adopted as follows: "28.06.020 Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated August 28, 2008 October 1979, and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated August 2u 2008 April 15. 1980, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this title. This FIS and attendant mapping is the minimum area of applicability of this title and may be supplemented by studies for other areas which allow implementation of this title and which are recommended to the city council by the floodplain administrator. The study, FIRMs and FBFMs are on file at the public works department, Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California." 8 ORDINANCE NO. 1317 SECTION 17.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 18. 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 19. 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 this day of , 2017, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: JAN C. HARNIK, MAYOR RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 9