HomeMy WebLinkAboutORD 1396ORDINANCE NO. 1396
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, AMENDING CHAPTER 11 (PARKS) AS RELATED TO FACILITY
CLASSIFICATIONS AND ALLOWABLE USE
WHEREAS, the City Council approved Ordinance No. 1389 (Title 11 of the
Municipal Code) which provided general provisions for park use, park reservations and
park use permits; and
WHEREAS, on April 28, 2022, the City Council provided feedback and direction
on amendments to Title 11, and directed staff to develop an administrative policy to
implement these changes; and
WHEREAS, staff worked with the Parks and Recreation Committee to make the
requested updates to Title 11, develop a new Administrative Policy for the use of City
owned facilities, and update the Portola Community Center Application for Use of
Facility and Facility Use Agreement to be consistent with these changes; and
WHEREAS, the Parks and Recreation Committee, at its regular meeting on May
2, 2023, voted unanimously to adopt the proposed changes to Title 11.
THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY
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. CEQA. The City Council finds that this Ordinance is not subject to
the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment) because this ordinance is merely clarifying existing law and making
minor changes to the City’s existing Municipal Code and pursuant to 15060(c)(3) (the
activity is not a project as defined in Section 15378) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3, because these clarifications and minor
modifications to the City’s Municipal Code have no potential for resulting in physical
change to the environment, directly or indirectly.
SECTION 3. Amendment to Municipal Code. Title 11 (Parks) of the City of Palm
Desert, California, Municipal Code shall be amended and restated to read as follows:
“11.01.010 Definitions. The following definitions will be added:
“Small Park” means a park that is up to 20 acres in total size. Permits are not
issued for Small Parks. Up to 30 people may gather in Small Parks. Group
gatherings of 30 people or more are prohibited at Small Parks, and visitors are
directed to use Large Parks.
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“Group gathering” means any music festival, art festival, public dance, political
rally, organized meetings, with or without speakers or entertainment or food, or
similar gatherings at which music, entertainment or speeches are provided for
professional or amateurs or by prerecorded or other means, to which members of
the public are invited or admitted for a charge or free of charge, or which is
attended by fifty or more persons. Parades and outdoor athletic contests which
are otherwise permitted or approved by the city council, or the c ity manager, or
director of public works, or chief of police, are not included within this definition.
“Large Park” means a park that is 20 acres or larger in size. Up to 50 people
may gather in Large Parks without obtaining a permit. Group gatherings of 50
people or more are required to obtain a permit.;”
“11.01.060 Permits for group gatherings
No person shall hold, conduct, participate in, attend or address any meeting,
organized gathering or assemblage, group picnic celebration, parade, service or
exercise, of thirty or more persons, in any Small Park. The above listed activities
may be conducted in Large Parks, however group gath erings of fifty people or
more shall be required to obtain a written permit granted by the director as
provided herein. Competitive recreation events on or off trails in the Santa Rosa
Mountains, including the use of developed trailheads in association with a
competitive event, are prohibited.
The application process for a park use permit for group gatherings is
described in detail in Section 11.04.030. (Ord. 1214 § 1, 2010; Ord. 751 § 1,
1994; Ord. 750 § 1, 1994);”
“11.04.020 Park use without formal park use permit
B. Groups of less than fifty persons desiring the use of Large Park areas or
structures, deemed by the director as reservable, may request the director to
reserve designated Large Park areas for such use. If the group of less than fifty
desires to reserve a specific Large Park area, the group must make application
for a formal park use permit. If the group of less than fifty desires to have an
activity in the park, the group may utilize the park areas on a first-come, first-
served basis as long as the park area is not reserved and the proposed activity
meets all other city requirements for park use and the use is reasonable in
relation to the use of the park by other persons or as to the effect of such use
upon the peace of the neighborhood. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994);”
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“11.04.090 Persons to be notified
Immediately upon the granting of a permit for a special event, the director shall
send a copy of the approved permit to the following:
A. City Manager;
B. Desert Recreation District;
C. Fire Chief;
D. Riverside County Sheriff’s Department
E. Development Services Director;
F. Economic Development Director;
G. City Risk Manager;
H. Any public official whose authority or functions may be affected by the
holding of a group gathering or problems which may arise as a result of the
group gathering. (Ord. 751 § 1, 1994; Ord. 750 § 1, 1994).”
SECTION 4. 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 5. 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.
ADOPTED ON JUNE 22, 2023.
________________________________
KATHLEEN KELLY
MAYOR
ATTEST:
_________________________________
ANTHONY J. MEJIA
CITY CLERK
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I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify
that Ordinance No. 1396 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Desert City Council on June 8, 2023, and adopted at a
regular meeting of the City Council held on June 22, 2023, by the following vote:
AYES: HARNIK, NESTANDE, QUINTANILLA, TRUBEE, AND KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Desert, California, on ___________________.
_________________________________
ANTHONY J. MEJIA
CITY CLERK
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6/23/2023