HomeMy WebLinkAboutPost-Meeting Agenda Package - StudySession_Aug22_2024
PALM DESERT CITY COUNCIL,
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT
AGENCY, HOUSING AUTHORITY, AND BOARD OF LIBRARY
TRUSTEES
STUDY SESSION MEETING
STUDY SESSION POST-MEETING AGENDA
Thursday, August 22, 2024
2:45 p.m.
Council Chamber, City Hall
73-510 Fred Waring Drive
Palm Desert, California
NOTICE IS HEREBY GIVEN that the purpose of the Study Session is to review the items listed on the
agenda. No action will be taken.
This is a joint meeting of the Palm Desert City Council, Successor Agency to the Palm Desert
Redevelopment Agency, Palm Desert Housing Authority, and Palm Desert Board of Library Trustees.
Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting allowing public
access via teleconference or in person, and up to two Councilmembers may attend remotely.
WATCH THE MEETING LIVE: Watch the City Council meeting live at the City’s website:
https://palmdesert.zoom.us/ or on the City's YouTube Channel.
OPTIONS FOR PARTICIPATING IN THIS MEETING:
Send your comments by email to: CityClerk@palmdesert.gov.
Emails received prior to 10:00 a.m. on the day of the City Council meeting will be made part of the
record and distributed to the City Council. Emails will not be read aloud at the meeting.
Pages
1.CALL TO ORDER - STUDY SESSION
2.STUDY SESSION TOPICS
2.a STUDY SESSION: PROPOSED TEXT AMENDMENTS TO PALM DESERT
MUNICIPAL CODE CHAPTER 8.36, REGULATION AND PROHIBITION OF
SMOKING
3
2.b STUDY SESSION: REGULATIONS FOR EXTERIOR LIGHTING AND
ILLUMINATION ON COMMERCIAL BUILDINGS
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3.ADJOURNMENT
4.PUBLIC NOTICES
NOTE: Pursuant to Assembly Bill 2449, this meeting may be conducted by
teleconference. Study Session is accessible in person or on the City’s website:
www.palmdesert.gov under the Council Agenda link at the top of the page.
Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the
designated office for inspection of records in connection with this meeting is the
Office of the City Clerk, Palm Desert Civic Center, 73-510 Fred Waring Drive,
Palm Desert. Staff reports for all agenda items considered in open session, and
documents provided to a majority of the legislative bodies are available for
public inspection at City Hall and on the City’s website at www.palmdesert.gov
by clicking “Council Agenda” at the top of the page.
Americans with Disabilities Act: It is the intention of the City of Palm Desert to
comply with the Americans with Disabilities Act (ADA) in all respects. If, as an
attendee or a participant at this meeting, or in meetings on a regular basis, you
will need special assistance beyond what is normally provided, the City will
attempt to accommodate you in every reasonable manner. Please contact the
Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the meeting to
inform us of your needs and to determine if accommodation is feasible.
AFFIDAVIT OF POSTING
I, Níamh M. Ortega, Assistant City Clerk of the City of Palm Desert, do hereby
certify, under penalty of perjury under the laws of the State of California, that the
foregoing agenda for the Palm Desert City Council, Successor Agency for the
Palm Desert Redevelopment Agency, and Housing Authority, was posted on the
City Hall bulletin board and City website www.palmdesert.gov no less than 72
hours prior to the meeting.
/S/ Níamh M. Ortega, CMC
Assistant City Clerk
City Council Study Session
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Page 1 of 2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: August 22, 2024
PREPARED BY: Richard D. Cannone, AICP, Development Services Director
REQUEST: STUDY SESSION: PROPOSED TEXT AMENDMENTS TO PALM
DESERT MUNICIPAL CODE CHAPTER 8.36, REGULATION AND
PROHIBITION OF SMOKING
RECOMMENDATION:
Provide feedback on the proposed text amendments to Palm Desert Municipal Code Chapter
8.36, Regulation and Prohibition of Smoking.
BACKGROUND/ANALYSIS:
In December 2009, the City Council adopted Ordinance No. 1200, which revised Palm Desert
Municipal Code (PDMC) Chapter 8.36 concerning the Regulation and Prohibition of Smoking. A
key change introduced by this ordinance was the prohibition of smoking in unenclosed areas.
Since that update, the mediums and substances used for smoking have evolved. This includes
the introduction of electronic smoking devices and a variety of substances beyond traditional
tobacco. City staff are proposing the following updates:
1. General Cleanup of Terms and Grammar
a. Review and Revise Language: Ensure that the language used throughout the
ordinance is clear, precise, and free of ambiguities. This includes updating terminology
to reflect current usage and removing any outdated or redundant terms.
2. Amend Definition of “Smoking”
a. Current Definition: Ensure that the term “smoking” is updated to encompass all
relevant activities, including the use of electronic smoking devices and non -tobacco
substances.
3. Add Definition for “Electronic Smoking Device”
a. New Definition: Introduce a specific definition for electronic smoking devices to
address the growing use of vaping products.
4. Clarification on “Private Country Clubs”
a. Requested Clarification: PDMC Chapter 8.36 prohibits smoking in unenclosed areas
for the following:
1. Public Places, includes 20 feet from the primary entrances to privately -owned
commercial, industrial, institutional, or office professional buildings.
2. Places of Employment
3. Businesses, including within 20 feet of the entrance(s) to a dining area
4. Common areas of multifamily residential properties owned by the City
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City of Palm Desert
Smoking Regulations Update
Page 2 of 2
Recently, Code Compliance staff addressed a complaint regarding smoking in front of a
restaurant located within a private country club community. During our review, we encountered
a potential conflict in the application of the code. While smoking is prohibited in unenclosed
areas of Places of Employment, Businesses, and Public Places, a "private country club" is
explicitly excluded from the definition of "public places."
Given that "private country club" is specifically listed as an exception, no corrective actions were
issued in this case. However, the term "private country club" is not defined within the code,
leading to some ambiguity about whether the intent was to allow smoking in all unenclosed areas
of a private country club, or only within the golf course area (fairways and greens), and certain
designated areas.
Request for Clarification
Was the intent to allow smoking in all unenclosed areas of a private country club, or only within
the golf course area, and certain designated areas?
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
There is no financial impact related to the item.
ATTACHMENT:
1. Presentation
4
SMOKING ORDINANCE UPDATE
STUDY SESSION
CITY COUNCIL
AUGUST 22, 2024
5
Background
December 2009 -City Council adopted Ordinance No. 1200, which revised Palm Desert Municipal Code (PDMC)
Chapter 8.36 concerning the Regulation and Prohibition of Smoking.
A key change introduced by this ordinance was the prohibition of smoking in unenclosed areas.
Since that update, the mediums and substances used for smoking have evolved. This includes the introduction of
electronic smoking devices and a variety of substances beyond traditional tobacco.
08/22/2024 STUDY SESSION -SMOKING ORDINANCE UPDATE 2
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Update
1.General Cleanup of Terms and Grammar
a.Review and Revise Language: Ensure that the language used throughout the ordinance is clear, precise, and free of ambiguities .
This includes updating terminology to reflect current usage and removing any outdated or redundant terms.
2.Amend Definition of “Smoking”
a.Current Definition: Ensure that the term “smoking” is updated to encompass all relevant activities, including the use of electronic
smoking devices and non-tobacco substances.
3.Add Definition for “Electronic Smoking Device”
a.New Definition: Introduce a specific definition for electronic smoking devices to address the growing use of vaping products.
08/22/2024 STUDY SESSION -SMOKING ORDINANCE UPDATE 3
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Clarification
4.Clarification on “Private Country Clubs”
a.Requested Clarification:PDMC Chapter 8.36 prohibits smoking in unenclosed areas for the following:
Public places;
Places of employment;
Businesses,including,but not limited to,restaurants and bars,and other public accommodations.
In addition,prohibition within 20 feet of the primary entrance to a dining area.
Two or more entrances,smoking area may be designated within 20 feet of one of the secondary entrances;but prohibited within 20
feet of any other entrance.
Common areas of multifamily residential properties owned by the city of Palm Desert,except where permitted under Section 8.36.070.
08/22/2024 STUDY SESSION -SMOKING ORDINANCE UPDATE 4
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Definition of “Public Place”
08/22/2024 STUDY SESSION -SMOKING ORDINANCE UPDATE 5
“Public place" means:
1.Any area to which the public is invited or in which the public is permitted, including, but not limited to, shopping malls, retail stores, retail service
establishments, retail food production and marketing establishments, restaurants, theaters, waiting rooms, reception areas, e ducational facilities, health
facilities, and public transportation facilities and their associated parking areas. A private residence or private country club is not a public place;
2.Areas measured a distance of forty feet from the entrances and exits to city-owned public places;
3.Areas measured a distance of twenty feet from the primary entrances to publicly or privately -owned commercial, industrial, institutional, or office
professional buildings;
4.Unenclosed areas owned by the city including, but not limited to, city-owned property, parks, playgrounds, restrooms, baseball and soccer fields, except
the golf course area of Desert Willow or where specific signs are posted permitting such smoking;
5.Unenclosed public events including, but not limited to, sports events, entertainment, speaking performances, ceremonies and f airs;
6.Hotels, except in designated areas.
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Clarification
Recently,Code Compliance staff addressed a complaint regarding smoking in front of a restaurant located within a private country club
community.During our review,we encountered a potential conflict in the application of the code.
While smoking is prohibited in unenclosed areas of Places of Employment,Businesses,and Public Places,a "private country club"is
explicitly excluded from the definition of "public places."
“Private country club"is not defined within the code,leading to some ambiguity
Was the intent to allow smoking in all unenclosed areas of a private country club;or
Only within the golf course area (fairways and greens),and certain designated areas.
08/22/2024 STUDY SESSION -SMOKING ORDINANCE UPDATE 6
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Staff Recommendation
1.Define “private country club” as a gated residential community, generally not open to the public with a golf
course, clubhouse, and other amenities.
2.Exempt private country clubs (current practice), unless they specifically request to “opt-in” through board
action where smoking would only be permitted within the golf course area, and certain designated areas.
08/22/2024 STUDY SESSION -SMOKING ORDINANCE UPDATE 7
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Page 1 of 1
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: August 22, 2024
PREPARED BY: Carlos Flores, AICP, Principal Planner
SUBJECT: STUDY SESSION: REGULATIONS FOR EXTERIOR LIGHTING AND
ILLUMINATION ON COMMERCIAL BUILDINGS
RECOMMENDATION:
Provide feedback on updating Palm Desert Municipal Code Chapter 24.16, Outdoor Lighting
Requirements, for exterior lighting and illumination on commercial buildings.
BACKGROUND/ANALYSIS:
City of Palm Desert commercial businesses utilize a variety of lighting designs to attract
customers to their respective businesses. Palm Desert Municipal Code (PDMC) Chapter 24.16,
Outdoor Lighting Requirements, provides the regulations for outdoor lighting but does not
capture the full extent of designs proposed by business and property owners. Multiple
commercial businesses have installed lighting fixtures that require code interpretations or
objective standards be applied to determine permissibility and process. The PDMC has a
definition for “Decorative lighting” but no guidance on standards or process for installation of
such lighting. City staff seeks clearer, subjective standards and process for alternative lighting
designs to avoid using objective standards, provide a clarity for business owners, and establish
guidelines for City enforcement.
City staff are seeking direction on permissibility and process for the following:
Building façade tube lighting. City staff recommends requiring a Design Review
application for any proposed tube lighting and for these to be discouraged. The City’s
Architectural Review Commission has typically rejected proposals for tube lighting.
Window framing lighting. City staff recommends for these to be prohibited unless it is
holiday lighting.
String lights. City staff recommends for these to continue to be allowed if they are lighting
a useable area (outdoor patio, walkway) or highlighting an architectural feature.
Based on the feedback provided, City staff will prepare a policy document or zoning ordinance
amendment.
Legal Review:
This report has been reviewed by the City Attorney’s office.
ATTACHMENT:
1. Presentation
13
14
Exterior Lighting
CITY COUNCIL
AUGUST 22, 2024
8/22/2024 CITY COUNCIL STUDY SESSION 1
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Palm Desert Municipal Code
Chapter 24.16 Outdoor Lighting provides definition for decorative lighting, but no guidance on
standards or process :
Decorative Lighting. Lighting products used for decorative effects versus lighting performance.
Examples of decorative lighting include, but are not limited to, fountain lighting, lighting fixtures
(pole, post or bollard style) creating a visual effect with low lumen output, led commercial
outdoor string lighting, building wall sconce and chandelier lighting with low lumen lamp
sources.”
Architectural outdoor lighting requirements: Lighting used to highlight architectural features,
landscape, building façades, fountains, etc., shall be manufactured for the intended uses and
shall be adjusted and/or aimed during the night to insure light is focused on the designated
object.
28/22/2024 CITY COUNCIL STUDY SESSION
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8/22/2024 CITY COUNCIL STUDY SESSION 3
Section 25.68.020 has required ARC Design Review for tube lighting: “No plan, elevation for
buildings or structures, or alterations shall be approved and no permit shall be issued for any
building, structure, sign, or other development […] without review and approval by the ARC.”
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8/22/2024 CITY COUNCIL STUDY SESSION 4
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8/22/2024 CITY COUNCIL STUDY SESSION 5
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City comparison
Lighting Type Rancho Mirage Indian Wells Palm Desert
Process Permissibility Process Permissibility Process Permissibility
Tube Lighting Staff Review Discouraged Prohibited N/A ARC Review ?
Window Lighting Staff Review Discouraged N/A Discouraged Unclear ?
String Lights Staff Review Allowed Planning Review Allowed No Permit ?
8/22/2024 CITY COUNCIL STUDY SESSION 6
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