HomeMy WebLinkAboutORD 1382ORDINANCE NO. 1382
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING AND UPDATING VARIOUS
SECTIONS OF THE PALM DESERT MUNICIPAL CODE.
WHEREAS , the City Palm Desert ("City ") periodically reviews the Palm Desert
Municipal Code ("Municipal Code ") to identify areas that need updating , clarification , and
revisions in accordance with state law ; and
WHEREAS, the City Council of the City of Palm Desert desires to enact this
Ord inance to make such updates, clarifications , and revisions to the Municipal Code ; 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. Amendment to Municipal Code. Palm Desert Municipal Code
Chapter 5 .87 Massage Establishments is hereby amended as follows :
"5.87 Massage Establishments
5.87.030 Definitions.
"Applicant" means an applicant for a massage establishment business license.
"Certified massage establishment" means any establishment where the only
persons employed or used by that establishment to provide massage services have
current and valid state cert ifications, and the owner has a current massage establishment
business license .
"Massage establishment business license " means a permit issued by the city
manager upon submission of satisfactory evidence as required in Section 5.87 .050 of this
chapter .
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"Massage establ ishment business license holder" means a person or
establ ishment that has been issued a massage establishment business license by the
city manager.
5.87.040 State certification and city massage establishment business license
required.
Within six months of passage of the ordinance codified in th is chapter , it is
unlawful for any establishment to provide massage services within the city unless the
massage establishment has obtained a massage establishment business license from
the city and all individuals providing massage at said massage establ ishment are state
certified massage practitioners . Any non-conforming uses shall be subject to Chapter
25 .62 .
5.87 .050 Certified massage establishment-business license required.
A Any person desiring to own or operate an establishment to provide
massage serv ices within the city shall file a massage establishment business license
application on forms provided by the c ity manager, subm itted under penalty of perjury
and containing all of the following information :
iv . Two photographs of the applicant to be taken by the pol ice department if
the applicant is not certified by the CAMTC ;
4 . Authorizat ion 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 , including fingerprinting
or formal background check , as long as the applicant is not certified by the CAMTC . Any
applicant who is certified by the CAMTC w ill not be subject to a formal background check .
5.87.070 Certified massage establishment-Business license issuance.
A The city manager may issue a massage establishment business license to
a certified massage establishment that demonstrates all of the following :
1. That the operation , as proposed by the appl icant , if permitted , complies
with all applicable laws , including , but not lim ited to , the city 's building , zoning , business
license, and health and safety regulations .
2 . The applicat ion is complete .
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3. The applicant has not engaged in or been complicit in , any activity or
inactivity that would lead to suspension or revocation of a massage establishment
business license as set forth in this chapter within five years preceding the application.
4 . The massage establishment employs or uses only state certified massage
practitioners whose certifications are valid and current and that owners of the state
certificates are the same persons to whom CAMTC issued valid and current identification
cards .
5. That the applicant has not made a material misrepresentation in this
application or with respect to any other document or information required by the city with
respect to th is application or for an application for a city massage establishment business
license under applicable law within the last five years.
B. 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 the time and manner provided
in Section 5 .87.050 . The city manager's decision on the reconsideration shall be final.
5.87.080 Massage establishment business license application fee.
A massage establishment business license application fee shall be set by
resolution of the city council and shall be required for all applicants .
5.87.090 Reserved.
5.87 .100 Notification of changes.
Every massage establishment business license holder shall report in writing to
the city manager any and all changes of address or ownership of the massage
establishment , and any changes or transfers of massage practitioners employed in the
establishment or practice within thirty calendar days of said change(s).
5.87.110 Massage establishment business license expiration and renewal.
A. Massage establishment business licenses shall be valid for two years from
issuance or as extended pursuant to this chapter.
B. The city massage establishment business license shall be renewed in
accordance with the expiration schedule set forth in this section .
C. If a massage establishment business license holder wishes to renew such
business license prior to its expiration , he or she must apply to the city to renew such
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business license within fifteen calendar days prior to expiration.
D. If a renewal application and all required information for the renewal is not
received upon expiration, the massage establishment business lice nse shall be deemed
expired and no privilege to provide massage services in Palm Desert shall exist.
Renewals shall be processed and investigated and the applicant is required to submit
that information which has changed from the last application or re newal , and a renewal
application fee as provided in Section 5.87 .080 .
5.87.120 Revocation or suspension of massage establishment business
license.
A. Massage establishment business licenses issued to a cert ified massage
establishment shall be suspended or revoked by the city manager upon any of the
following grounds :
1. The massage establishment business license holder has been arrested or
filing of charges of a crime that would have caused denial of the massage establishment
business license.
2. The massage establishment business license holder has made a material
misrepresentation on the application for massage establishment business license or
renewal.
3. The massage establishment business license ho lder has engaged in
conduct or operated the certified massage establishment or as a massage practitioner in
a manner which violates any of the provisions of this chapter , any conditions of the permit ,
or any of the laws which would have been grounds for denial of the permit. A massage
therapist or massage practitioner employed by the massage establ ishment has been
arrested for violating the provisions of Section 647(a) and (b) of the California Penal Code,
or any other state law involving a crime of moral turpitude , or the premises for which the
business license was issued is being operated in an illegal or disorderly manner.
4 . The massage establishment business license holder employs or uses one
or more non-certified massage practitioners to perform massage se rv ices .
5. Violations of this chapter or of California Business and Professions Code
Section 4600 et seq., have occurred on the establishment premises .
6 . The massage establishment business license holder has failed to comply
with one or more of the zoning, business license, or health and safety requirements under
this chapter.
7 . The massage establishment business license holder has engaged in fraud,
misrepresentation , or false statements in obtaining or maint aining a massage
establishment business license .
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8. There is an urgency of immediate action to protect the public from injury
or harm .
B. The term of suspension shall be not more than sixty calendar days .
C . The suspension or revocation shall be effective immediately by the city
manager .
D. If a massage establishment business license is suspended or revoked , the
suspension shall be effective immediately by the city manager or designees . Such
suspension shall be accomplished by posting a notice thereof on the premises. Such
notice shall state the reasons for the suspension . The city manager or designees shall
direct or cause the premises to be closed and locked against use by the public in order
to ~nsure compliance with an order of suspension . The aggrieved party may pursue a
subsequent appeal or hearing by following the procedures set forth in this chapter .
E. It is unlawful for any person to conduct the business of a massage
establishment or carry on the business of massage while the massage establishment
business license remains suspended or revoked pending a hearing .
F. Any massage establishment business license or certificate of registration
for a massage business existing at the time this ordinance is adopted may be revoked or
suspended as provided in this chapter .
5.87.130 Suspension or revocation notice.
A. Notice shall be given to the massage establishment business license holder
by letter stating the grounds for proposed revocation or suspension. Notice shall be given
by personal service or certified, registered , or first class mail of the letter to the address
shown on the last application or renewal.
B. If the massage establishment business license is suspended or revoked,
the massage establishment permit shall be surrendered.
C. Service shall be deemed complete when personal service is made or when
the notice letter is delivered by certified, registered , or first class mail.
5.87.140 Appeal from revocation, suspension.
The decision of the city manager to suspend or revoke a massage
establishment business license may be appealed by the massage establishment
business license holder in accordance with the following procedures:
A. All appeals shall be in writing and shall contain the following information :
(1) name(s) of the person filing the appeal (appellants); (2) a brief statement in ordinary
and concise language of the grounds for the appeal ; and (3) the signatures of all parties
named as appellants and their mailing addresses .
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B . A filing fee for an appeal of one hundred dollars, o r other amount as
established from time to time by city council resolution, must be paid to the city at or prior
to the time of the filing of the appeal.
C . Any appeal filed that fails to provide all of the information required by this
section and the appropriate filing fee shall be deemed incomplete .
D. A complete and proper appeal of the suspension or revocation of a
massage establishment business license shall be filed with the city clerk within ten
calendar days of service of the letter revoking or suspending the massage establishment
business license or within ten calendar days of any other action that is the subject of
appeal.
E. After receiving the written appeal, the city clerk shall schedule a hearing
before the city council. The city council may refer the matter to a hearing officer. The city
council may decide the matter based on the recommendations and findings of the hearing
officer, if it so chooses .
F. The decision of the city council or hearing officer shall be final.
5.87.150 Reapplication after denial or revocation.
No reapplication for a massage establishment business license will be accepted
within two years after an application or renewal is denied or a massage establishment
business license is revoked . If the application or renewal is denied for the sole reason
that the application or renewal application is incomplete, reapplicat ion may occur to
complete the application or renewal application, however, an additional application fee
will be charged per each submitted application . If an application is denied for the sole
reason that a massage practitioner does not possess the required training , reapplication
may occur when the required training is completed.
5.87.160 Inspection by city and notices of violation.
A. The city shall have the right to enter the premises from t ime to time during
regular business hours prior to the issuance of a massage establishment business license
and subsequently for the purpose of making reasonable inspections to enforce
compliance with this chapter and with building, fire , electrical , plumbing, and/or health
and safety regulations . In the event a massage establishment business license has been
issued , it may be revoked or suspended in the manner set forth in this chapter . It is
unlawful for any massage establishment owner/operator to fail to allow code compliance
or police officers into the premises or hinder such officers in any manner. During an
inspection , code compliance and police officers may also verify the identity of the
owner(s) and all employees .
B. Whenever city officials make an inspection of a massage establishment
and find that any provision of this chapter has been violated , he or she shall give notice
of such violation by means of an inspection report or other written notice. In any such
notification , the investigating person shall :
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1. Set forth the specific violation or violations found , and shall notify the
massage establishment business license holder that failure to comply with any notice
issued in accordance with the provisions of this chapter may result in the revocation or
suspension of the massage establishment business license.
2. The massage establishment business license holder may be issued a
warning that any future violation of this chapter may result in suspension or revocation of
the massage establishment business license, or the city officials may establish a specific
and reasonable period of time for the correction of the violation or violations . No time to
correct need be given for health and safety violations or violations of criminal law .
3. The massage establishment business license holder and operator shall
take immediate action to correct violations and city officials may re-inspect the
establishment for compliance .
5.87.170 Transfer of massage establishment business license.
A massage establishment business license shall not be transferable except with
the written approval of the city manager. A written application for such a transfer shall be
made to the city manager. The application for such transfer shall contain the same
information as required herein for an initial application for a massage establishment
business license as set forth in Section 5.87 .050 . In the event of denial of such transfer,
notification of and reasons for denial shall be set forth in writing and shall be sent to the
applicant by means of registered or certified mail or delivered in person .
5.87.190 Exemptions.
F. Health clubs , health spa , gymnasium , or other similar facility designed or
intended for general physical exercise or conditioning in which the furnishing of full body
work or full body massage generates less than fifty percent of the establishment's gross
revenue . However, if massage is offered, the facility must employ a certified massage
practitioner or practitioners to perform all massage services.
5.87.200 Health and safety requirements-Building requirements.
B. The owner or operator of each massage establishment shall display the
massage establishment business license issued to the establishment and to each
massage practitioner employed in the establishment in an accessible and conspicuous
place on the premises. Certified massage practitioners shall have his or her original state
certificate at his or her place of business and his or her identification card in his or her
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possession while providing massage services .
5.87.210 Health and safety requirements-Operating requirements.
E. It is unlawful for any owner, employee, or certified massage practitioner to
be other than fully clothed in non-transparent clothing at all times that shall not expose
their genitals, pubic area , buttocks , or chest or for any operator of a massage
establishment to allow or permit prohibited dress.
M . No massage establishment granted a massage establishment business
license under the provisions of this chapter shall place, publish or distribute, or cause to
be placed, published or distributed, any advertisement, picture or statement which is
known, or through the exercise of reasonable care should be known, to be false ,
deceptive or misleading in order to induce any person to purchase or utilize any
professional massage service.
T. If during the life of a massage establishment business license , the applicant
has any change in information concerning the original application, notification must be
made to the city manager, in writing, within thirty calendar days of the change .
U. It is unlawful for any certified massage establishment or any massage
establishment business license holder, owner, operator, or responsible managing
officer/employee to violate any of the mandatory requirements of th is chapter applicable
to massage establishments."
5.87.220 Violation-Penalties.
A. Unless otherwise exempted by the provisions of this chapter, every person ,
whether acting as an individual, owner, employee of the owner, operator, or employee of
the operators or whether acting as a mere helper for the owner, employee , or operator,
or whether acting as a participant or worker in any way, who gives massages or conducts
a massage establishment, or who, in connection with the establishment, gives or
administers , or practices the giving or administering of, massages as defined in this
chapter, without first obtaining state certification and a city massage establishment
business license, or who shall violate any provision of this chapter, shall be guilty of a
misdemeanor.
B. Any owner, licensee, manager, or massage establishment business
license holder in charge or in control of a massage establishment or certified massage
establishment or who knowingly employs a person who is not in possession of a valid,
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unrevoked massage establishment business license , or who allows such persons to
perform , operate, or practice within such a place of business , shall be guilty of a
misdemeanor.
"
Section 2. Repeal of Municipal Code Chapter. Palm Desert Municipal Code
Chapter 5.90 Massage Practitioners is hereby repealed in full.
Section 3. Amendment to Municipal Code. Palm Desert Municipal Code
Chapter 24 .16 Outdoor Lighting Requirements , Section 24.16.015 Outdoor lighting
requirements , subsections B. and C . are hereby amended and subsection N. is hereby
added as follows :
"B. Commercial and Residential Zones . Lighting sources (lamps) approved for
commercial and residential zones are light emitting diodes (LED), light emitting plaza
(LEP), compact fluorescent lamps (CFL), multifaceted reflector halogen lamps (MR) and
incandescent lamps. High pressure sodium (HPS) lamps are prohibited .
C. Lighting sources approved for public or municipal outdoor recreation
facilities are light emitting diodes (LED), light emitt ing plaza (LEP) and metal halide (MH).
High pressure sodium (HPS) lamps are prohibited .
N . The maximum Color Correlated Temperature (CCT) for all outdoor lighting
shall be limited to four thousand (4000) Kelvin ."
Section 4. Amendment to Municipal Code. Palm Desert Municipal Code
Chap ter 24.16 Outdoor Lighting Requirements , Section 24 .16 .025 Public street lighting ,
subsection C . 1. Is hereby amended as follows :
"C . Luminaire and Lamp Requirements .
1. High pressure sodium (HPS) street lighting in single-family residential
districts is prohibited ."
Section 5. Amendment to Municipal Code . Palm Desert Municipal Code
Chapter 24 .16 Outdoor Lighting Requirements , Section 24.16.035 Lighting performance
criteria is hereby amended as follows :
"24.16.035 Lighting performance criteria.
A. The performance of the lighting submittal will be evaluated based on the
following criteria when the lamp source is LED or LEP .
1. Minimum foot-candles shall be one foot-candle .
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2 . Average maintained light level of one foot-candles to three foot-candles.
3. Average to minimum uniformity ratio shall not exceed 4:1.
4. Maximum to minimum uniformity ratio shall not exceed 16: 1.
B. High pressure sodium (HPS) lamps are prohibited .
C . The illumination levels at exits , entrances , loading zones , and collector
lanes shall be approximately twice the average illumination of the adjacent parking area
or the adjoining street, whichever is greater.
D. Building exit illumination levels shall meet the foot-candle requirements
established by the California Electrical Code and all associated building codes."
Section 6. Amendment to Municipal Code . Palm Desert Municipal Code
Chapter 24 .16 Outdoor Lighting Requirements , Section 24 .16.040 Light trespass ,
Subsection I. is hereby amended as follows:
"I. Hillside lighting shall be designed with the following:
1. Hillside lighting systems must be submitted with a carefully detailed
photometric plan illustrating horizontal and vertical foot-candles and a written justification
why hillside lighting should be allowed. Lighting plans shall be reviewed as part of a
Hillside Development Plan as described in Title 25.
2 . Hillside lighting shall utilize light emitting diodes (LED) sources and be
furnished with glare shields .
3. Luminaries with total lamp lumens above sixteen thousand lumens shall not
be used.
4 . All hillside lighting shall be turned off no later than ten p .m . and remain off
until the following evening ."
Section 7. Amendment to Municipal Code. Palm Desert Municipal Code
Chapter 26 .34 Parcel Map Waiver is hereby amended as follows:
"Chapter 26.34 PARCEL MAP WAIVER
26.34.010 Purpose.
The procedure outlined in this section shall govern the processing and
requirements for boundary adjustments , pursuant to the Subdivision Map Act Section
66412(d), General Plan , and local ordinances . This wavier may apply to lot line
adjustments or merger of four parcels or less as determined by the City Engineer.
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26.34.020 Application requirements.
An application for parcel map waiver, applicable fees, maps, exhibits , and current
title report shall be filed with the Department of Development Services and shall include
such data and information as may be prescribed by the City Engineer and Director of
Development Services .
26.34.030 Review and Approval.
The Director of Development Services shall consider the application for a waiver
of a parcel map requirement within forty-five days after the filing of the application. The
Director of Development Services shall grant a waiver, provided that it finds that the
proposed adjustment and the resulting parcels comply with applicable requirements with
the local General Plan, any applicable Specific Plan , and zoning and building ordinances,
floodwater drainage control , appropriate improved public roads , sanitary disposal
facilities , water supply availability, environmental protection, and other requirements of
this title .
If a waiver is granted, a certificate of compliance shall be filed with the county
recorder , which certificate shall describe the real properties involved , name the owners
thereof, and state that a waiver for a lot line adjustment has been granted by action of the
Director of Development Services, giving the date thereof."
Section 8. Amendment to Municipal Code. Palm Desert Municipal Code
Chapter 27 .12 Requirements and Standards of Land Alteration, Section 27 .12 .045
Control of building pad elevation , subsection C. is hereby amended as follows :
"C. Where the property is subject to a tentative tract map or a final tract map
that provides elevations for the property to be graded , the pad elevations shall conform
to the applicable approved map . If the proposed elevations vary more than six inches
from the elevations of the approved map , the revised elevations must be reviewed by the
City Engineer and approved through the Director of Development Services. The Director
of Development Services may refer the request to a public hearing process for approval."
Section 9. Amendment to Municipal Code. Palm Desert Municipal Code
Chapter 5.10 Short-term Rentals , Section 5.10 .020 Purpose, subsection A. is hereby
amended as follows :
"A. The purpose of this chapter is to regulate privately-owned residential
dwellings within the city including homeowner's associations used as short-term rental
units, ensure that transient occupancy taxes (TOT) are paid and collected , and minimize
the potential negative effects of short-term rental units on surrounding residential
neighborhoods."
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Section 10. Amendment to Municipal Code. Palm Desert Municipal Code
Chapter 5 .10 Short-term Rentals, Section 5.10.030 Definitions is amended to add the
following defi nition in alphabetical order between the definitions of "Good Neighbor
Brochure " and "Mixed residential district (R -2 )":
'"'Homeowners' Association " means governing board of a common interest
development, formed under the Davis Sterling Act (Californ ia Civil Code § 4100), where
there exists a common area owned by the association or owners of separate interests ,
there has been recorded a declaration and final subdivision map , there has been
conveyed to each homeowner a separate interest coupled with an in t erest in the common
area or membership in the association , and the governing board is elected by the
association of homeowners , and where the association includes all of the residential
properties within the recorded subdivision map ."
Section 11. Severability. If . any section, subsect ion , 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 jurisdictio n , 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 12. CEQA. The City Council hereby finds and determ ines that this
Ordinance is exempt from CEQA pursuant to State CEQA Guidelines section 15061 (b)(3)
because it can be seen with certainty that the Ordinance would not have the potential or
possibility for causing a sign ificant 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 vers ion of the Municipal Code . Moreover, many
of the changes are technical in nature and do not allow for specific development. In
reviewing the Ordinance the City Council has exercised its indepen d ent judgment and
has reviewed and considered the Ordinance in light of all testimony received , both oral
and written. Therefore , based upon the entire administrative record , t he City Council
hereby determines that no further environmental review is required for the Ordinance .
SECTION 13. Publication. The City Clerk of the C ity 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.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Palm Desert , California , on the 12th day Gf May , 2022 by the following roll
call vote :
AYES: JONATHAN, KELLY, NESTANDE, QUINTANILLA, and HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
I C C L:ERK
ERT , CALIFORNIA
APPROVED AS TO FORM :
RO ~&REAVES
CITY ATTORNEY
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