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Home My WebLink AboutOrd Nos. 1292 through 1296 - UpdatesOrdinance Nos. 1292 1293 CITY OF PALM DESERT 1294 1295 DEPARTMENT OF COMMUNITY DEVELOPMENT 1296 STAFF REPORT REQUEST: APPROVE FIVE (5) ORDINANCES UPDATING VARIOUS MUNICIPAL CODE SECTIONS SUBMITTED BY: Eric Ceja, Associate Planner APPLICANT: City of Palm Desert DATE: October 8, 2015 CONTENTS: 1. Ordinance No. 1292, Amending Sections 25.10.050 and 25.72.030 and adding Sections 25.60.070 and 25.99.020 to the Palm Desert Municipal Code 2. Ordinance No. 1293 , Adding Section 25.60.150 to the Palm Desert Municipal Code 3. Ordinance No. 1294 , Clarifying References regarding Assessed Fees 4. Ordinance No. 1295 , Amending Chapter 8.32 and Sections 10.98.010 and 10.98.020 of the Palm Desert Municipal Code 5. Ordinance No. 1296, Amending Sections 10.20.010, 10.20.020, 10.32.060, 10.48.120, 10.48.150, 10.50.030, 10.72.010, 25.46.040, and Deleting Sections 10.12.030, 10.12.040, 10.40.010, 10.40.030, 10.68.010 of the Palm Desert Municipal Code Recommendation 1. Waive further reading and pass Ordinance No. 1292 to second reading, amending Sections 25.10.050 and 25.72.030, and adding Sections 25.60.070 and 25.99.020 to the Palm Desert Municipal Code. 2. Waive further reading and pass Ordinance No. 1293 to second reading, adding Section 25.60.150 to the Palm Desert Municipal Code. 3. Waive further reading and pass Ordinance No. 1294, to second reading, clarifying references regarding assessed fees. 4. Waiver further reading and pass Ordinance No. 1295 , to second reading, amending Chapter 8.32 and Sections 10.98.010 of the Palm Desert Municipal Code. Staff Report Municipal Code Cleanup Ordinances Page 2 of 5 October 8, 2015 5. Waive further reading and pass Ordinance No. 1296, to second reading, amending Sections 10.20.010, 10.20.020, 10.32.060, 10.48.120, 10.48.150, 10.50.030, 10.72.010, 25.46.040, and deleting Sections 10.12.030, 10.12.040, 10.40.010, 10.40.030, 10.68.010 of the Palm Desert Municipal Code. Executive Summary Staff from various City departments and the City Attorney's Office have done a comprehensive review of the City's Municipal Code to identify technical, largely non - substantive changes that: 1) conform the code sections to current law; 2) conform the code sections to current practices in the City; 3) make the code sections internally consistent; and/or (4) insert code sections that were omitted in the previous Zoning Ordinance update. Approval of the staff recommendations would initiate these housekeeping changes to the municipal code. Background Ordinance No. 1292 , amending Sections 25.10.050 and 25.72.030, and adding Sections 25.60.070 and 25.99.020 of the Palm Desert Municipal Code Amendments to Section 25.10.050, Table 25.10-3 "Residential Zoning Districts Development Standards" are to clarify that residential development in the Residential Estate (RE) and Residential Single -Family (R1) zoning districts are subject to a maximum building height of eighteen (18) feet and one (1) story. Currently, this section provides an eighteen (18)-foot height maximum but does not specify that development is limited to one story. Historically, the City has only allowed single -story development and adding this qualifier supports past practices of the City for single -story home development in the RE and R1 zoning districts. The update to the table is provided as Exhibit 'A' of this Ordinance. Section 25.72.030 "Precise Plans" is proposed to be amended to remove the three-year maximum on extending approvals for Precise Plan applications. The Planning Commission has the authority to grant extensions of approved Precise Plans; however, the three-year maximum is proposed to be removed to allow greater flexibility in the extension of Precise Plan applications based on the project's merit. Section 25.60.070, Table 25.60-1 "Approving Authority for Land Use Permits/Entitlements, " is proposed to be amended to add "Residential Remodels and Additions" and to designate approval authority to the Zoning Administrator to approve such applications. An amendment to Section 25.99.020 "Definitions" is proposed to add "Loft' and "Mezzanine" to the list of Zoning Ordinance definitions. These terms are being added to the list of definitions to provide clarity on single -story development and specify qualifiers for lofts or mezzanines. GAPlanrong\Enc Ceja\Case Files\ZOA\Code Clean Ups (2015)\CC Staff Report.docx Staff Report Municipal Code Cleanup Ordinances Page 3 of 5 October 8, 2015 Ordinance No. 1293 , addinq Section 25.60.150 to the Palm Desert Municipal Code The Zoning Ordinance went through a comprehensive update in 2013, in which a section addressing Certificates of Use and Occupancy was inadvertently omitted. Because of this omission, staff is proposing to add the code section back into the ordinance. The code section requires that a Certificate of Use be issued prior to building permit issuance for new or expanded uses for structures and site alterations. This process helps ensure that the proposed improvements are consistent with the City's zoning standards. Ordinance No. 1294 , Clarifying references regarding assessed fees This Ordinance affects the definitions of existing City imposed fees on new development activity and clarifies the authority to impose these fees. The City Council previously established fee amounts for a "Haul Route Wear and Tear Fee," a "Digitization Fee," and a "Non - Subdivision Deposit and Fees" by adopting Resolutions 2012-37 and 2013-08. The proposed ordinance amendment provides the proper authority to impose the fees on construction projects. The Ordinance will also change the title of Section 3.16 "Construction Tax' to "Construction Fee" and amend Section 3.16.020 "Construction Fee rate designated" to apply it to remodels and renovations of existing buildings and trailer spaces. Ordinance No. 1295 , amending Chapter 8.32 and Section 10.98.010 of the Palm Desert Municipal Code Chapter 8.32 "Vehicle Parking and Repairs in Residential Districts"is proposed to be amended to expand the applicability of the ordinance to all zoning districts. As proposed, "residential" is struck from the ordinance, which allows the ordinance to apply to all zoning districts not solely residential ones. This allows the City's Code Compliance Division to enforce this Chapter on commercial and industrial properties in addition to residential ones. Section 10.98.010 "Parking prohibitions and restrictions" is proposed to be amended to add subsections addressing commercial fleet vehicle advertisement signs and off-street parking and storage of fleet vehicles. The City has historically applied these standards to the enforcement of commercial vehicle advertisements and parking, and the proposed code amendment codifies the historic practice. Ordinance No. 1296, amending Sections 10.20.010, 10.20.020, 10.32.060, 10.48.120, 10.48.150, 10.50.010, 10.50.030, 10.72.010, 25.46.040, and deleting Sections 10.12.030, 10.12.040, 10.40.010, 10.40.030, 10.68.010 of the Palm Desert Municipal Code UrIMIiTi17IN iM Sections 10.20.010 "Traffic accident studies" and 10.20.020 "Traffic accident reports" are proposed to be amended to change the term "accidents" to "collisions." The proposed changes G:\Planning\Enc Ceja\Case FdesMA\Code Clean Ups (2015)\CC Staff Report.docx Staff Report Municipal Code Cleanup Ordinances Page 4 of 5 October 8, 2015 reflect the move away from "accidents" towards "collisions" by professional organizations, including emergency responders and traffic engineers. Section 10.32.060 "Distinctive roadway markings" is proposed to be amended to change wording referencing the "State Department of Public Works" to the "State Department of Transportation" as there is no State Department of Public Works. Section 10.48.120 "Unlawful parking — Peddlers and vendors" and 10.48.150 "Twenty-four minute parking" are proposed to be amended to remove references to specific food types being sold by peddlers and vendors and to reduce certain parking limitations from twenty-four (24) minutes to twenty (20) minutes. Section 10.50.010 "Permit required" and 10.50.030 "Permits — Issuance with conditions" are proposed to be amended to reflect administrative changes to the issuance of valet parking permits. The sections currently authorize the Public Works Department to issue valet parking permits; however, the City's Code Compliance Division currently issues said permits. In addition, Section 25.58.312 references the previous process so this reference will be replaced with Section 25.46.040 to make the code changes consistent. Section 10.72.010 "Crosswalk markings" is proposed to be amended to remove references to a City central district. Crosswalk markings are applied citywide and are not limited to just the central district. Removing this language helps clarify that crosswalk marking can be applied throughout the City. Section 25.46.040C "Valet Parking" is proposed to be amended to be consistent with changes to Section 10.50.010 "Permit — Issuance with conditions" as noted above. Deletions Sections 10.12.030 "Technical traffic committee" and 10.12.040 "Duties of traffic committee" established a technical traffic committee and assigned duties to the traffic committee to report to the public safety commission. The City has never established the technical traffic committee and such a committee has been determined to be unnecessary for the enforcement of traffic rules. Therefore, staff is proposing to delete these code sections in their entirety. Sections 10.40.010 "Authority to place turning meters" and 10.40.030 "Signal controlled intersections — Right turns" authorizes the City's traffic engineer to place turning meters adjacent to turning lanes and to post signs restricting right turn movements on red lights. The City has never placed turning meters adjacent to turning lanes and the technology is outdated and unnecessary given current city roadway designs. In addition, the ability to post signs restricting right turn movements on rea lights is granted by the California Vehicle Code and references to it in the City's Municipal Code are redundant. Therefore, these code sections are proposed to be deleted. G:\Planning\Edc Ceja\Case Fles\ZOA\Code Clean Ups (2015)\CC Staff Report.docx Staff Report Municipal Code Cleanup Ordinances Page 5 of 5 October 8, 2015 Lastly, Section 10.68.010 "Certain vehicles prohibited in central traffic district' is proposed for deletion. The City has never enforced this provision of the municipal code and enforcement of such a provision is infeasible. Environmental Review Staff has determined that the proposed ordinances do not meet the definition of a project under the California Environmental Quality Act (CEQA) and are therefore exempt from further CEQA review. Fiscal Impact There is no fiscal impact to the City associated with adoption of the proposed Ordinances. Submitted By: ti ric Ceja, lu ociate Planner Department Head: - l r Lauri ylaian, Director of Community.Development GAPlanning\Enc Ceja\Case Files\ZOA\Code Clean Ups (2015)\CC Staff Report.dou R i; DESERT, This row shall be added to the top of the table above "Certificates ouse and occupancy,, ORDINANCE NO. 1292 SECTION 4. That Chapter 25.99 "Definffidnsp' is hereby amended to add the following language - Loft: See Mezzainine Mezzanine: An intermediate level of a building interior containing floor area without complete enclosing interior" walls or partitions placed in any story or room and not separated from the floor or" level below by a all. The floor area of any Mezzanine shall be counted as part of the total floor area for any floor area or FAR limitation. In addition, when the total floor area of any such Mezzanine exceeds thirty-three and one - 'third percent (33.3%) of the total floor area in that room, it shall constitute an additional Story. No More than one (1) continuous Mezzanine may be permitted in any one (1) room. 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 by the City Council of the City of Palm Desert, California, at its regular meeting held on the 8th day of October 2015, by the following vote, to wite AYES: NOES: ABSENT: ABSTAIN: SUSAN MARIE WEBER, MAYOR 14 K I [ VA L01 Z V11 I I M a N; U01 a 110H WSW GAPlanning\Ehc Ceja\Case Hes\ZOA\Code Clean Ups (2015)\Exhibit A - Ord do CX 2 as N <,s, as r4 N -A 0 °. � " a0C° Sara, cD-, r'CD rz) g CD CD0,a (Q �a CL coCD ; 3 Z ' -r3Q.. rD cro m co 0- Ca CD C7 CD ":Z"ro CD -CD CD dD .. 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CL to el e � � 0 CD Zr CZ D a ca CD 2) CD 0) 0' CD o � S 0 CDaa Err a� (:3 o CDa ` i fl3 CD O ° ID CD "are C) CD a 0Ci ro CL a 0 Co co -. �.r� ( 4` a �t CD�CD Z CD Zr M" 'co n' -' a Z, Z3CD a ' N va CD CD a CD CD CD CD zi CD ZY o CD C CD rraCD rD CL o CD �n ID CL CD CD CD s4z cD as 0) tt oa C(DD ca co CD � zaa iD to CD ra tia- CD �a � to na fait -� 0 aCa 0 , I CD X ua Z v ' >0 I I 0 (P 0® ICDcn *a cn ts7 cr, ORDINANCE NO. 129 ORDINANCEAN ITY COUNCIL OF THE CITY DESERT, CALIFORNIA,; I I25.60.150 TO THE PALM DESERT MUNICIPAL _ the City Council of the City of Palm Desert has determined that the addition to the ordinance was emitted in the previous Municipal Cede revisions and that " adding the provisions back into the ordinance is considered to be part of routine code dean up and reflect current practices carried out by the Community Development Department. None of the code revisions change existing policy: SECTION1: That Section 25.60.150 "Procedures" is hereby amended to add the following section: 25.60.150 Certificate of Use and Occupancy A. Purpose, ABSTAIN: SUSAN MARIE WEBER, MAYOR RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA G:APlanning\Ehc Ceja\Case Files\ZOA\Code Clean Ups (2015)\Exhibit B -Ord . dC; cx 2 ORDINANCE NO. 1294 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CLARIFYING REFERENCES TO THE PALM DESERT MUNICIPAL CODE FOR CURRENTLY ASSESSED FEES WHEREAS, pursuant to California Constitution article XI, §7 and Resolution No. 2012-37 the city currently charges a "Haul Route Wear and Tear Fee" on all residential, commercial, industrial, and tenant improvements projects to cover the cost of street repair necessitated by damage caused by construction vehicles, which fee does not appear in the Palm Desert Municipal Code, and; WHEREAS, the city wishes to adopt a clarifying amendment to the Palm Desert Municipal Code to include the "Haul Route Wear and Tear Fee", which amendment is set forth in Section 1 of this Ordinance, and; WHEREAS, pursuant to California Constitution article XI, §7 and Palm Desert Municipal Code Chapter 3.16, the city currently charges a "Construction Tax', and; WHEREAS, the city wishes to adopt a clarifying amendment to the Palm Desert Municipal Code Chapter 3.16 to re -title the "Construction Tax' as the "Construction Fee" and to clarify that the Construction Fee, which is based on the amount of business that any licensed contractor does in the city during a given year, applies to new construction, as well as remodels and tenant improvement projects, which amendment is set forth in Section 2 of this Ordinance, and; WHEREAS, pursuant to California Constitution article XI, §7, California Building Code Section 109 and Resolution 2013-08, the city currently charges a "Digitization Fee" to cover the cost to make a permanent record of permitted building plans, which fee does not appear in the Palm Desert Municipal Code, and; WHEREAS, the city wishes to adopt a clarifying amendment to the Palm Desert Municipal Code to include the Digitization Fee, which amendment is set forth in Section 3 of this Ordinance, and; WHEREAS, pursuant to California Constitution article XI, §7 and Resolution No. 2012-37 the city currently imposes fees for: Abandonments and Vacations of Easements and Right -of -Way, Processing of Applications, Dedication of Easements and Right -of -Way, Plan checking Hydrology Reports, Signage and Striping, Street Improvement, and Offsite Drainage for non -subdivision related civil work including but not limited to streets, sidewalks, driveways, paving striping, drainage, traffic signals ("None -subdivisions Fees") which fees do not appear in the Palm Desert Municipal Code, and; ORDINANCE NO. 1294 WHEREAS, the city wishes to adopt a clarifying amendment to the Palm Desert Municipal Code to include Non -subdivision Fees which amendment is set forth in Section 4 of this Ordinance, and; WHEREAS, pursuant to California Constitution article XI, §7 and Palm Desert Municipal Code Chapter 3.45, the city currently charges a "Childcare Facilities Impact Mitigation Fee" on commercial construction projects, which, once completed, will increase the city's employee workforce, and not to projects that do not result in an addition of employees to the workforce, and; WHEREAS, the city wishes to adopt a clarifying amendment to Palm Desert Municipal Code Section 3.45.060 providing that the "Childcare Facilities Impact Mitigation Fee" applies only to commercial construction projects whose completion will increase the city's employee workforce and not to projects whose completion will not increase the city's employee workforce, which amendment is set forth in Section 5 of this Ordinance, and; WHEREAS, pursuant to California Constitution article XI, §7 and Palm Desert Resolution 90-130 and 04-21, the city currently imposes a "Low Income Housing Fee" on any commercial construction in the city that adds to or increases the square footage of an existing commercial building, which fee does not appear in the Palm Desert Municipal Code, and; WHEREAS, the city wishes to adopt a clarifying amendment to the Palm Desert Municipal Code to include the "Low Income Housing Fee", and to clarify that the Low Income Housing Fee applies to all commercial construction, including any construction that adds to or increases the square footage of an existing commercial building, which amendment is set forth Section 6 of this Ordinance, and; WHEREAS, pursuant to California Constitution article XI, §7 and Palm Desert Resolution 78-58 and 79-55, the city currently imposes a "Traffic Signalization Fee" on all remodel, renovations, or addition projects that increase a building's square footage, unless there is a change in the use that results in a net decrease in traffic to the building, which fee does not appear in the Palm Desert Municipal Code, and; WHRERAS, the city wishes to adopt a clarifying amendment to the Palm Desert Municipal Code to include the "Traffic Signalization Fee," which amendment is set forth in Section 7 of this Ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERTCALIFORNIA, DOES HERBYORDAIN AS FOLLOWS: SECTION 1. Section 12.20.050 of the Palm Desert Municipal Code is adopted to read as follows: G1Planning\Enc Ceja\Case Files\ZOA\Code Clean Ups (2015)\Exhibit C - Ord.docx 2 Section 12.E . "Haul Route Wear and Teas Fee." "In addition to any other fee or fees prescribed by lave, every person constructing ting any new residential;, r ommerci al, industrial, or tenant improvement project in the city shall pay ra fee to the city in order to cover the cost of street repair necessitated b dainage caused 4y construction vehicles. The fee amount shall be established in a fear resolution adopted by the City Council. Such fee shall be paid at the time of issuance of the grading perrrait.. SECTION Chapter 3.16 of the Palm Desert Municipal Code shall be re -titled "Construction Fee" instead of "Construction ", and Section 3.16.020 of the Palm Desert Municipal Code is amended to read as follows - Section ..020 "Constr ti rate t" In addition to any rather fee or fees prescribed by law; every person constructing any new building or addition or trailer space or remodeling or renovating rr existing building or trailer space such that additional habitable building area is created in the city, shall pay to the city, at the time of issuance of the building permit, a construction fee in the amount established in a fee resolution adopted by the City Council, and computed as follows- Section 15.02.030 of the Palm Desert Municipal Code is adapted to read as follows: G:\Rlanning\Enc Ceja\Case Hes\ZOA\Code Clean Ups (2016)\Exhibit C - Ord.docx 3 Me a jet as G:\Planning\Erlc Ceja\Case Fkles\ZOA\Code Clean Ups (2015)\Exhibit C-Ord.docx 11 ORDINANCE NO . 1294 Recipients of fee offsets shall enter into agreements with the :city, ensuring that the mitigation alternatives continue to implement the objectives of this chapter over the useful life of the subject commercial development." SECTION Section 10.12.050 of the Palm Desert Municipal Code is adopted to read as follows - Section 10. 12.050 "'Traffic Signalization Fee."' In addition to any other fire or lees prescribed by law the city shall impose a Traffic Si nali r tion Fee on all ,r remodels, renovations, or addition projects that increase a . building's square footage, unless there is a change in use that results in a net decrease in traffic to the building. The fee amount shall be established it a fee resolution aclopted it the city council Such fee shall be paid at the thne of issuance of the grading permit. SECTION Should , any provision of the Ordinance, or its application to any person or circumstance, be determined by a, court of competent jurisdiction to be unlawful, unenforceable or otherwise Braid, that determination shall have no effect on any Bather provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. The City Clerk of the City of Palm Desert, California, -shall certify to the passage and adoption of this ordinance and shall cause same to be publish once in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, and Riverside County, and shall be in full farce and effective thirty (0) days alter its adoption: GAPlanning\Eric Ceja\Case Res\ZOA\Code Glean Ups (2015)\Exhibit C - Ord.docx 5 ORDINANCE NO.1294 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 8th day of October 2015, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SUSAN MARIE WEBER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA GAPlanning\Enc Ceja\Case Files\ZOA\Code Clean Ups (2015)\Exhibit C - Ord.docx 6 ORDINANCE N# 1295 ORDINANCEAN ICITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS. . OF THE PALM II , IPARKING PROHIBITIONS, RESTRICTIONS, AND EXEMPTIONS The City Council of the City of Palm Desert, California does hereby ordain as follows: SECTION. That Section 8.32.030 of the Palm Desert Municipal Cade shall be amended to read as follows: Section "Certain parkingrepairing icl - r i it " It is a public :nuisance and prohibited for any person owning, leasing, occupying or having control of any premises in any feaidenbal district in the city, or for the registered owner, driver or any person in control of any passenger or commercial vehicle including all types of motorcycles to do, or to permit or allow another to do the following: ; Park passenger and commercial vehicles, including all types of motorcycles, in front and corner side lots and vacant lots, at any time, except in designated driveways or other designated parking areas, in any resiWential district; Work on motor vehicles and storage of parts, ;on any lot in any resi al district. Servicing, repairing, assembling, disassembling,; wrecking, modifying or otherwise working on any motor vehicles, parts equipment; machinery, tools or ether automotive materials of any kind. SECTION 2. That Section 10.9 .010 of the Palm Desert Municipal Code shall be amended as follows: Section 1"Parking pr i i i restrictions."' . a •. • - .. +r � - • � +� e � ® � e• a �,. .. ORDINANCE . 1295 movement under its own ,power which is unattached to a vehicle on any highway, street, road or alley within the city; 4. Any vehicle on any highway, street, road or alley within the city for the purpose of servicing or repairing such vehicle except when necessitated by an emergency; 5n Businesses located within the city that maintain a commercial vehicle or aray vehicle fret related to any business nativity must use only city approved off street parking-, g-, 5, `vehicles used as advertising devices, means any sign that is attached to or painted on a vehicle or trailer that is parked on or, adjacent to any property, the principal purpose of which is to direct people to a business, or attract attention to r product sold or business located on the same property or nearby. On street legal vehicles, the following signs or insignia are riot considered to be "Vehicle Signs," and are riot regtilater as vehicle' signs, a,, messages on a vehicle where the primary purpose of which; is to be used in the regular course of, business to transport the personnel or products, or to provide the services (not inclfading general advertising) that are advertised on the vehicle, ba Commercial messages that do not exceed a total of three square feet in size, and, C. Commercial messages on mass transit that pans thrOUgh the city. B. It is unlawful to park or leave standing any commercial vehicle, true, trailer or semitrailer having a manufacturers gross vehicle weight ;rating (V-ehi t s e-~3 _ °orrw.;ak " of ten thousand pounds or more as described in the following locations: . On any highway, street, road, alley or private property within any residential district within the city; 2. On any vacant lot or unimproved non4esidenfia4 property in the city, . On any nonresidential property so that any part of such vehicle is within one hundred feet of any residential dwelling; 4. Within one hundred fifty feet of any driveway opening; 5. Within any commercially zoned property for the purpose anther than doing business at the site; or for the purpose not related to such business operation, or remaining parked or standing for longer than reasonably appropriate to do such business or acts related to such business operations; a--. e.a.__-- "n , ii "n-41=t -ff t . a m . ss- G4vity-r yas a s ral -mot - ; n tar ' , 6. n any n. _ 4* 'property so that any of such vehicle is within fifteen feet of the edy--lie, public sidewalk, or of a public or 'private roadway edge; n any alley within the city; G:\PlanninglEricCeja\CaseFiles\ZOA\Code Chan Ups (2015)\Exhibit D = Ord. do C Y 2 ORDINANCE NO.1295 8. On any highway, street or road which is adjacent to a parcel upon which there exists a public facility. Within the meaning of this subsection, public facility includes, but is not limited to, parks, schools and civic buildings. C. While adjacent to a developed residential area within the city, the operator shall not idle the vehicles engine for longer than fifteen minutes. SECTION 3. 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 by the City Council of the City of Palm Desert, California, at its regular meeting held on the 81h day of October 2015, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA SUSAN MARIE WEBER, MAYOR GAPlanning\Enc Ceja\Case Files\ZOA\Code Clean Ups (2015)\Exhibit D - Ord . dO CX 3 ORDINANCE . 1296 ORDINANCEAN ICITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS10.48.120, 10.48.150, 10.50.010,10. . , .%.010, 25.46.040, AND DELETING 10.12.030,1 . . ,10.40.010, ,10.48.120(B), 10.60.010, AND 10.68.010 OF THE PALM DESERT MUNICIPAL, DEALING WITH TRAFFIC The City Council of the City of Palm Desert, California does hereby ordain as follows.. SECTION1. That Section 10.12.030 of the Palm esert Municipal Code shall hereby be deleted. SECTION That Section 10.12..040 of the Palm Desert Municipal Code shall hereby be deleted. SECTION That Section 10.20.010 of the Palm Desert Municipal Code shall be amended to read as follows- 10.20.010 "Traffic .ace-ident collisionace-idstudies" Whenever the apc4dents collisions at any particular location become numerous the traffic division shall cooperate with the city trafficengineer in conducting studies of such s is collisions and determining remedial measures. SECTION That Section10.2 .020 of the Palm Desert Municipal Code be amended to read as follows: reports"10.20.020 "Traffic act4deht collision The trMiG division shall maintain ., of • traffic reports,,aGcAf-4;t collision Such t400rts �iy�i_ shall be available for the use and informationof That Section 10.32.060 of the Palm Desert Municipal Code shall be amended to read as follow: ORDINANCE . 1296 1 "Distinctive roadway markings" • •. �. • ,� a a. e ' • s ,. s • � .- • � rr . a .. That Section 10.40.010 of the Palm Desert Municipal Code shall hereby be deleted. SECTION7. That Section 10.0.00 of the Palm Desert Municipal Code shall hereby be deleted. SECTION That Section 10.4 .120( of the Palm Desert Municipal Code shell be amended to read as follows. 10.48.120(B) "Unlawful parking — Peddlers and vendors" B. o person shall park or stand on any street any lunchwagon, eating cart or vehicles, or pushcart from which articles of food are sold or offered for sale without first obtaining a written permit to do so from the city traffic engineer which shall designate the specific location in which such cart shall stand, SECTION 9. That Section 10.48.1 0 of the Palm Desert Municipal Code shall be amended to read as follows: Green curb 'marking means no standing or parking for a period of -time longer than . twenty-f9uf minutes at any time between nine a.m. and six p.m. on any day except Sundays and holidays. SECTION . That Section 10,50.010 of the Palm Desert Municipal Code shall be emended to read as follows- 10.50.010 "Permit required."' A. No person or legal entity shall engage in valet parking within the city without a valid valet parking permit issue" by the city in the manner provided by this chapter. Permits GAPlanning\Ena Ce1a\Case Files\ZOA\Code Clean Ups (2015)\Exhibit E - Ord_docx issued pricer to the adoption of the ordinance codified in this .chapter shall remain in force and effect for the terra of their original issuance, but in no event shall any such permit remain in effect longer than one year from its date of issuance: B. Valet parking contractors who apply for permits pursuant to this chapter shall include with their application materials a signed letter of consent from the land owner or occupier whose guests or patrons will be serviced by the valet parking contractor. ` The utli , pulp � liana department shall prescribe and provide forms for such letters of consent. The forms shall, at a 'minimum, contain a promise by the land owner or occupier; to share legal responsibility with the permittee for the per ittee's compliance with this chapter. SECTION 1. That Section 10.50, 30( )(1) of the Palm Desert Municipal Code shall be amended to read as follows: 1 . . _ )( ) "Permits -issuance wIt conditions." B. All permits shall contain the following minimum conditions. 1. All valet parking activity in the city must be conducted pursuant to an approved valet parking plan, in accordance with Section 25;5&342 25,46.040, which includes provisions for insurance for the patrons to the satisfaction of the city attorney. SECTION1. That Section 10.68.010 of the Palm Desert Municipal Code shall hereby be deleted; SECTION 13. That Section 10..010 of the Palm Desert Municipal Code shall be amended to read as follows- 10.72.010 "Crosswalk mar" i ." A. The city traffic engineer shall establish, designate and maintain crosswalks at intersections and other places by appropriate devices, marks or lines upon the surface of the roadway as follows* Crosswalks shall be established and �itain� rterratior i o m . m d" ° nd at such intersections o ," t -di r4cA where the city traffic engineer determines that there is particular hazard to pedestrians crossing the roadway. , a c44a, the~ li k n . . °f " µs . io n- f th s°or. SECTION 14. That Section 25.4 .040(C) of the Palm Desert Municipal Code shall be amended to read as fellows: GAPlanning\Eric Ceaa\Case Files\ZOA\Code Clean Ups {2015}\Exhibit E - Ord.docx ORDINANCE . 1296 Valet parking. Valet parking is subject to review and approval either at the time the predominant use is approved through a conditional use permit with insurance provisions or inter as a specific item by the Code CO3 n fiance S ervi or .. s depaFtment but not until one year after occupancy resulting from the conditional use permit. Existing commercial uses utilizing valet perking must have an approved valet parking plan which includes provisions for insurance for the patrons to the satisfaction of the city attorney, SECTION 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. APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting hold on the 8th day of October 2015, by the following vote, to wit: HE RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM " • SUSAN MARIE, MAYOR G:\Plannhg\Enc CejalCase Hes\ZOA\Code Clean Ups (2015)\Exhibik E - Ord,docx 4