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HomeMy WebLinkAboutAgenda Package - StudySession_Sep12_2024 PALM DESERT CITY COUNCIL STUDY SESSION MEETING AGENDA Thursday, September 12, 2024 2:00 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: CouncilMeetingComments@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 UNIFIED DEVELOPMENT CODE INTRODUCTION 5 RECOMMENDATION: Provide feedback on the presentation by Clarion Associates on the Unified Development Code Update and direct to staff to form a City Council Subcommittee for the Update. 2.b POLICY DISCUSSION ON PROPOSED TEXT AMENDMENTS TO PALM DESERT MUNICIPAL CODE TITLE 26, (SUBDIVISIONS) AND TITLE 27 (GRADING) 7 RECOMMENDATION: Provide feedback on the proposed policy and text amendments to Palm Desert Municipal Code Title 26 (Subdivisions) and Title 27 (Grading). 2.c PROPOSED TEXT AMENDMENT TO PALM DESERT MUNICIPAL CODE CHAPTER 2.18 BUILDING BOARD OF APPEALS 11 RECOMMENDATION: Provide feedback on proposed text amendments to the Palm Desert Municipal Code Chapter 2.18, Building Board of Appeals. 2.d DRAFT POLICY CLRK-002: THREATS OF VIOLENCE DIRECTED TOWARDS COUNCIL MEMBERS AND CANDIDATES, AND CONSIDERATION OF FIREARMS RESTRICTIONS ON CITY PROPERTY 19 RECOMMENDATION: Provide feedback on the draft Policy CLRK-002: Threats of Violence directed towards Council Members and Candidates. 1. Provide feedback on whether staff should explore the development of an ordinance that prohibits all firearms, including those held by Concealed Weapon Permit holders, on City property. 2. 3.ADJOURNMENT City Council Study Session 2 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 Assistant City Clerk City Council Study Session 3 4 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 12, 2024 PREPARED BY: Nick Melloni, AICP, Principal Planner SUBJECT: STUDY SESSION: UNIFIED DEVELOPMENT CODE INTRODUCTION RECOMMENDATION: Provide feedback on the presentation by Clarion Associates on the Unified Development Code Update and direct to staff to form a City Council Subcommittee for the Update. BACKGROUND/ANALYSIS: On June 27, 2024, the City Council awarded a contract to Clarion Associates to develop a Unified Development Code for the City of Palm Desert (PD UDC). Currently, land development regulations are located within, but not limited to, Title 24 Environmental and Conservation, Title 25 Zoning, Title 26 Subdivisions, Title 27 Grading, and Title 28 Flood Damage Prevention. A Unified Development Code (UDC) combines traditional zoning and subdivision ordinances, as well as other City regulations such as grading, design review, and stormwater management, into a single document. The intent of combining these regulations is to streamline and coordinate development processes by removing inconsistencies and outdated development policies. Part of the scope of the PD UDC includes initial project meetings wi th City staff and local stakeholders. Clarion Associates has prepared a presentation to introduce the project to the City Council. Staff recommends the City Council appoint two members of the City Council to an Ad Hoc Subcommittee to review public drafts of the various work products throughout the entire project. A companion staff report regarding these appointments is listed on the September 12, 2024, Action Calendar. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: There is no financial impact related to this item. ATTACHMENT: 1. Presentation 5 6 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 12, 2024 PREPARED BY: Nick Melloni, AICP, Principal Planner SUBJECT: STUDY SESSION: POLICY DISCUSSION ON PROPOSED TEXT AMENDMENTS TO PALM DESERT MUNICIPAL CODE TITLE 26, (SUBDIVISIONS) AND TITLE 27 (GRADING) RECOMMENDATION: Provide feedback on the proposed policy and text amendments to Palm Desert Municipal Code Title 26 (Subdivisions) and Title 27 (Grading). BACKGROUND/ANALYSIS: Title 26 of the Palm Desert Municipal Code (“PMDC”) regulates the land subdivision in the city and outlines the procedures for administering and implementing the State Subdivision Map Act (“Map Act"). Title 27 of the Palm Desert Municipal Code establishes minimum requirements for grading and sets forth the procedures for permit issuance and enforcement of grading requirements. Both Titles were originally adopted in 1976 and have been revised on an as - needed basis in response to updates in state legislation or development-related issues. Development Services staff, in collaboration with the City Attorney’s Office, is working on a comprehensive amendment to the Titles to align with current best practices and state law requirements. This update precedes the update for the Unified Development Code (“UDC”) update, which is scheduled for completion in 2026. Staff is seeking input from the City Council on several policy updates related to subdivision and grading procedures and design requirements, as outlined below: POLICY UPDATES TO TITLE 26 SUBDIVISIONS 1. Senate Bill 684 Implementation: In 2023 the California Legislature adopted Senate Bill 684 (SB 684) to streamline the approval process development projects of 10 or fewer residential units on urban lots under 5 acres, as governed by the Subdivision Map Act. SB 684 mandates that the City must ministerially consider, without discretionary review or a public hearing, a parcel map or a tentative and final map for housing development projects that meets specified requirements. Staff recommendation: Expand the discretion of the City Engineer and Development Services Director to approve Tentative Parcel Maps, Conditional Certificates of Compliance, Lot Line Adjustments, and administrative Tract Maps in accordance with SB 684. Additionally, establish the necessary procedures and objective standards to maintain local control under this new legislation. The objective standards would include objective development standards (e.g., setbacks, building heights) that do not conflict with SB 684, 7 City of Palm Desert Study Session – Title 26 Subdivisions and Title 27 Grading Page 2 of 3 objective subdivision standards of the subdivision map act, and objective design standards contained in the City’s Multifamily and Mixed-use Objective Design Standards. POLICY UPDATES TO TITLE 27 GRADING 1. Clarify that no grading permit shall be issued prior to final tract map approval It is standard practice that a grading permit is not issued for a site until the final tract map has been approved by the City Council. However, conflicting provisions in the current code create ambiguity around this process. Staff recommends removing these conflicting provisions to ensure clarity. Staff recommendation: Require that if a final tract map is required or approved for a site, no grading permit shall be issued until the final map has been approved by the City Council. 2. Establish design requirements for grading adjacent to existing development One of the primary purposes of the Grading Ordinance is to ensure that the development of land occurs in a manner most compatible with surrounding areas. In areas where infill development is possible, the absence of clear criteria for compatibility can lead to uncertainty for stakeholders, prolonged discretionary processes, and undesirable development outcomes. To align with the goals and policies of the General Plan, grading elevations and slopes between adjacent developments should be regulated to promote compatibility. Staff Recommendation: Establish a requirement limiting the finished grade and slopes of new developments in relation to the finished elevations of existing developments. Exceptions may be made if a finding is made that the proposed elevation is necessary to protect public health, safety, and welfare, with additional considerations for hillside areas of the City. 3. Control of Building Pad Elevation Currently, Section 27.12.045(C) of the Palm Desert Municipal Code governs the approved building pad elevation of new developments associated with a Tentative Map. This section stipulates that any deviation of more than six inches (6") from the preliminary approval must be reviewed by the Director of Development Services, based on a recommendation from the City Engineer. The Director may also choose to refer the request to the Planning Commission for further consideration at their discretion. Staff recommendation: Remove the six-inch (6”) threshold and require that all deviations in building pad elevation be jointly reviewed and approved by the City Engineer and Director of Development Services. 4. Regulation of Stockpiling Currently, stockpiling is regulated by Palm Desert Municipal Code Section 27.28.155(A). Due to the potential nuisances that can arise from the temporary stockpiling of earthen materials, expanded regulations are recommended to mitigate these issues . 8 City of Palm Desert Study Session – Title 26 Subdivisions and Title 27 Grading Page 3 of 3 Staff recommendation: Expand the regulatory requirements for the stockpiling approval by implementing certain measures including: 1. Requiring a dedicated stockpiling permit. 2. Require erosion control plans prepared by a registered civil engineer. 3. Prohibit the acceptance of stockpile permit applications prior to map or project approval, including applicable environmental review 4. Establish criteria to control stockpile placement and mitigate visual impacts. 5. Require applicants enter into an agreement with the City, secured by a cash deposit, to ensure the timely removal or permanent placement of stockpiled material. Based on City Council input, City staff will incorporate these policy modifications and conduct necessary outreach activities before returning with the proposed ordinances. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: There is no financial impact related to this item. ATTACHMENT: 1. Study Session PowerPoint 9 10 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: September 12, 2024 PREPARED BY: Richard D. Cannone, AICP, Development Services Director SUBJECT: STUDY SESSION: PROPOSED TEXT AMENDMENT TO PALM DESERT MUNICIPAL CODE CHAPTER 2.18 BUILDING BOARD OF APPEALS RECOMMENDATION: Provide feedback on proposed text amendments to the Palm Desert Municipal Code Chapter 2.18, Building Board of Appeals. BACKGROUND/ANALYSIS: A recent appeal of the Building Official’s application of the Building Code related to emergency egress to the Building Board of Appeals, and subsequent appeal of the Building Board of Appeal’s decision to City Council, uncovered an inconsistency regarding what can be appealed. The Building Board of Appeals, is the body that hears appeals on decisions made by the Building Official; however, it does not include language prohibiting an appeal of a ministerial action or an action that does not involve the exercise of administrative discretion or personal judgment, as is the case with appeals that go directly to City Council. To resolve this inconsistency and provide a general clean-up of PDMC Chapter 2.18, staff proposes the following amendments: 1. Clarify Appeal Procedures: The strict enforcement of a building code standard by the Building Official would no longer be appealable, because it does not include any discretion or personal judgement and would align the procedures with appeals that go directly to City Council. 2. Board Membership Requirement: Require that members possess a thorough understanding of the California Building Code and related city regulations and ordinances. 3. Clarify Decision Authority: Include a new section to clarify the following: a. The Building Board of Appeals has no authority to waive requirements of any code, which is consistent with California Building Code Section 113.2. b. The Building Board of Appeals shall either approve, approve with modifications, or deny the appeal, and shall specify any conditions or limitations imposed. c. The decision of the Building Board of Appeals shall be final, and a written decision shall be sent to the appellant informing them that they may file an appeal with the California Building Standards Commission (CBSC) pursuant to California Administrative Code Section 1-303(a). This appeal procedure allows an individual to file an appeal directly to CBSC, and not in conjunction with the City. The CBSC is not obligated to act on or consider the appeal and may choose to either review or reject it. Given the technical nature of the California Building Code, the intent of the proposed amendment is two-fold, it establishes a realistic expectation of what can be appealed and streamlines the 11 City of Palm Desert Building Board of Appeals Code Amendment Page 2 of 2 appeal process so that should an individual wish to appeal the Building Board of Appeals , the matter can be directly appealed to the CBSC. If the appeal of the Building Board is heard by City Council, a ruling in favor of the appellant would most likely require consideration by CBSC before the action is final. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: There is no financial impact related to this item. ATTACHMENT: 1. Presentation 12 BUILDING BOARD OF APPEALS CODE UPDATE CITY COUNCIL STUDY SESSION SEPTEMBER 12, 2024 13 Purpose The purpose of the proposed update is two-fold: 1.Establish a realistic expectation of what can be appealed. 09/12/2024 STUDY SESSION -BUILDING BOARD OF APPEALS 2 2.Streamline the appeal process. •Building Board of Appeals (BBA) final decision •Appeal of BBA may be appealed to the California Building Standards Commission 14 Recommendation 1.Clarify Appeal Procedures The strict enforcement of a building code standard by the Building Official would no longer be appealable. o Aligns with the appeal procedures for City Council Cannot appeal a ministerial decision that does not involve the exercise of administrative discretion or personal judgment. 2.Update Board Membership Requirement Require that members possess a thorough understanding of the California Building Code and related city regulations and ordinances. 09/12/2024 STUDY SESSION -BUILDING BOARD OF APPEALS 3 15 Recommendation 3.Clarify Decision Authority BBA has no authority to waive requirements of any code, which is consistent with California Building Code Section 113.2. BBA shall either approve, approve with modifications, or deny the appeal, and shall specify any conditions or limitations imposed. BBA decision shall be final, and a written decision shall be sent to the appellant informing them that they may file an appeal with the CBSC pursuant to California Administrative Code Section 1-303(a). o This appeal procedure allows an individual to file an appeal directly to CBSC, and not in conjunction with the City. o The CBSC is not obligated to act on or consider the appeal and may choose to either review or reject it. 09/12/2024 STUDY SESSION -BUILDING BOARD OF APPEALS 4 16 Discussion 09/12/2024 STUDY SESSION -BUILDING BOARD OF APPEALS 5 17 18 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 22, 2024 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: STUDY SESSION: DRAFT POLICY CLRK-002: THREATS OF VIOLENCE DIRECTED TOWARDS COUNCIL MEMBERS AND CANDIDATES, AND CONSIDERATION OF FIREARMS RESTRICTIONS ON CITY PROPERTY RECOMMENDATION: 1. Provide feedback on the draft Policy CLRK-002: Threats of Violence directed towards Council Members and Candidates. 2. Provide feedback on whether staff should explore the development of an ordinance that prohibits all firearms, including those held by Concealed Weapon Permit holders, on City property. BACKGROUND/ANALYSIS: The proposed Policy CLRK-002 was developed to establish formal protocols for handling and responding to threats of violence directed toward Council Members and Candidates. This policy includes procedures for reporting threats, involving law enforcement, and ensuring confidentiality. The policy comes in response to recent threats directed at a Council Member. While these threats have gained public attention, the City is committed to handling them discreetly, in compliance with legal guidelines and best practices for public safety. The key provisions of Policy CLRK-002 include: 1. Immediate Reporting: Council Members, Candidates, and staff must immediately report any threats to the City Manager and law enforcement. 2. Law Enforcement Involvement: Law enforcement will assess the risk and determine the necessary actions, including potential investigations and protective measures. 3. Confidentiality: All details of the threats will be kept confidential and shared only with necessary personnel to ensure the safety of those involved. 4. Facility Access Control: Guidelines are established to limit unauthorized access to City Hall during off-hours to minimize vulnerabilities. 5. Training: Regular training will be conducted for relevant staff and officials to ensure preparedness for handling threats. 6. Public Communication: The City Manager or designee, in coordination with law enforcement, will handle any necessary public communication regarding threats, ensuring that investigations and individual safety are not compromised. The policy is aligned with the City’s Workplace Violence Prevention Plan (WVPP) and complies with state regulations, including SB 553, which mandates proactive measures for preventing workplace violence. 19 City of Palm Desert Policy on Threats of Violence Directed Towards Council Members and Candidates Page 2 of 2 In response to recent events, City staff researched California laws and found that California Penal Code Section 171b prohibits individuals from bringing or possessing firearms and other specified weapons into state or local public buildings. Additionally, Palm Desert Municipal Code Chapter 2.52 (Workplace Policies) prohibits City employees from possessing firearms or other weapons on City property. However, these provisions do not explicitly prohibit holders of Concealed Weapon Permits from carrying concealed firearms on City property. Due to the heightened security concerns from recent events, staff is seeking direction on whether to further research the possibility of enacting an ordinance that would prohibit all firearms, including those carried by CWP holders, on City property. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no financial impact associated with this action. ATTACHMENT: 1. Policy CLRK-002, Threats of Violence Directed Towards Council Members and Candidates 20 CITY OF PALM DESERT ADMINISTRATIVE PROCEDURES Subject THREATS OF VIOLENCE DIRECTED TOWARD COUNCILMEMBERS AND CANDIDATES Policy No. CLRK-002 Date Approved: Amended: Approved by Resolution No. 2024-____ Authored by Anthony J. Mejia, City Clerk I. PURPOSE To establish a protocol for responding to threats of violence received by or directed toward Council Members and Candidates. II. SCOPE This policy applies to all City staff and officials who may become aware of threats of violence directed at Council Members or Candidates. This policy supplements the Workplace Violence Prevention Plan which would otherwise exclude candidates. III. DEFINITIONS A. Candidate: An individual who has filed the necessary paperwork and is actively campaigning for election to the Palm Desert City Council, in compliance with applicable election laws and regulations. B. Confidentiality: The obligation to keep all details related to threats, investigations, and protective measures private and to share such information only with authorized individuals as necessary for the safety and security of Council Members, Candidates, and City personnel. C. Council Member: An individual currently serving in an elected capacity on the City Council of Palm Desert. D. Law Enforcement Authorities: This refers to any local, state, or federal agency responsible for enforcing laws and protecting public safety. This may include the local police department, sheriff’s office, or other agencies involved in investigating and responding to threats. E. Threat of Violence - Any verbal or written statement, including, but not limited to, texts, electronic messages, social media messages, or other online posts, or any behavioral or physical conduct, that conveys an intent, or that is reasonably perceived to convey an intent, to cause physical harm or to place someone in fear of physical harm, and that serves no legitimate purpose. F. Workplace Violence Prevention Plan (WVPP): A policy adopted by the City of Palm Desert designed to prevent and respond to incidents of violence in the workplace, ensuring the safety and well-being of employees. This plan is referenced in conjunction with this policy but excludes Candidates. 21 Administrative Procedures Manual CLRK-002 Citywide Records Management Policy Page 2 of 3 IV. POLICY A. Responsibilities of Council Members and Candidates: 1. Reporting Threats of Violence: Any Council Member or Candidate who perceives, experiences, or believes there is a threat to their safety must immediately report the threat to the City Manager and law enf orcement authorities. This includes threats made in person, through electronic communications, or via other means. 2. Basic Due Diligence: Council Members and Candidates are responsible for taking basic safety precautions in the event of a threat, such as: a. Notifying law enforcement immediately if the threat appears imminent. b. Avoiding public appearances or activities that may increase risk until guidance from law enforcement is received. c. Keeping a record of any threatening communications or actions, including written or digital communications, recordings, or eyewitness statements, to assist in any investigation. 3. Cooperation with Law Enforcement: Council Members and Candidates must fully cooperate with law enforcement in the investigation and assessment of any threats of violence. This includes providing all relevant details and following any recommended safety measures. 4. Confidentiality: Council Members and Candidates must also maintain the confidentiality of the investigation and avoid sharing details about t he threat with unauthorized individuals, unless advised otherwise by law enforcement. 5. Facility Access Control: a. Council Members are prohibited from inviting members of the public into City Hall after hours or on weekends without a special exception from the City Manager. This restriction is intended to reduce vulnerabilities during times when staff and law enforcement presence may be limited. b. Family members or guests of Council Members may be permitted to visit their offices or take brief tours of City Hall, but entry into employee-only areas is strictly prohibited unless authorized by the City Manager. Guests must remain under the direct supervision of the Council Member while on City premises . B. Training: The City shall provide regular training to relevant staff and officials on recognizing, reporting, and responding to threats of violence, specifically including those directed toward Council Members and Candidates. This training should include scenarios and best practices to ensure preparedness. This training is to be conducted in alignment with the City’s Workplace Violence Prevention Plan (WVPP) to ensure comprehensive safety measures across all departments, as mandated by SB 553. 22 Administrative Procedures Manual CLRK-002 Citywide Records Management Policy Page 3 of 3 C. Immediate Reporting: Any City employee, official, or individual who becomes aware of a threat of violence directed at a Council Member or Candidate must report the threat as soon as reasonably possible to the City Manager and local law enforcement authorities. The report should include all available details of the threat, including the nature of the threat, how it was received, and any identifying information about the person making the threat. D. Law Enforcement Involvement: The City Manager or designee will ensure that the threat is communicated to law enforcement and/or appropriate personnel for assessment and appropriate action. Law enforcement will determine the level of risk and take necessary steps to protect the Council Member or Candidate, which may include monitoring, investigation, or providing protective services. E. Confidentiality: The identity of the Council Member or Candidate and the details of the threat shall be kept confidential, shared only on a need-to-know basis with law enforcement and key City officials. F. Communication: The City Manager or designee, in consultation with law enforcement, will guide the Council Member or Candidate on appropriate steps to take, including any changes to their public schedule or activities. Any public communication about the threat will be handled by the City Manager or designee in coordination with law enforcement, ensuring that the information released does not compromise the investigation or the safety of the individual involved. G. Policy Updates and Amendments: This policy may be amended or updated as needed to reflect changes in the law, organizational structure, or operational needs. It shall be reviewed periodically to ensure alignment with the City’s WVPP and compliance with applicable state laws, including SB 553. All amendments shall be approved by the City Manager and communicated to relevant staff. H. Effective Date: This policy is effective immediately and shall remain in effect until amended or rescinded by the City Manager or City Council. 23