HomeMy WebLinkAboutORD 1422ORDINANCE NO. 1422
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA UPDATING CHAPTER
12.04 - ENCROACHMENTS AND MAKING A FINDING OF
EXEMPTION UNDER CEQA.
THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Amendment to Municipal Code. The City Council hereby adopts the
updated section of the Palm Desert Municipal Code Chapter 12.04 - Encroachments,
attached hereto as Attachment “A.”
SECTION 2. CEQA Exemption. The City Council finds and determines that the
proposed ordinance amendment qualifies for exemption from the California
Environmental Quality Act (CEQA) for the “common sense” exemption under Section
15061(b)(3). The ordinance introduces procedures specifically designed to safeguard
environmental interests without authorizing physical changes. There is no possibility of
a significant environmental impact. The ordinance primarily addresses administrative
processes and regulatory guidance, without permitting construction activities, or any
physical alterations. It refines regulatory compliance and oversight rather than promoting
physical development. No specific encroachments are approved under this ordinance.
Thus, the ordinance is procedural in nature and it bears no potential for significant
environmental impact, supporting its qualification for the CEQA “common sense”
exemption.
SECTION 3. Severability. If any section, subsection, sentence, clause, or phrase
of this ordinance is for any reason held to be invalid or unconstitutional, such deci sion
shall not affect the validity of the remaining portions of this ordinance. The City Council
hereby declares that it would have passed this ordinance, and each section, subsection,
sentence, clause and phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 4. Posting and 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 DECEMBER 12, 2024.
JAN C. HARNIK
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
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Ordinance No. 1422 Page 2
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby
certify that Ordinance No. 1422 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Desert City Council on November 14, 2024, and adopted at
a regular meeting of the City Council held on December 12, 2024, by the following vote:
AYES: NESTANDE, PRADETTO, TRUBEE, AND HARNIK
NOES: NONE
ABSENT: QUINTANILLA
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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12/13/2024
Ordinance No. 1422 Page 3
ATTACHMENT “A”
ENCROACHMENT ORDINANCE AMENDMENT
SECTION 1. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code Section 12.04.145 Fee Waiver is hereby added as follows:
12.04.145 Fee Waiver
The City Manager of the City of Palm Desert is hereby authorized to waive City
Encroachment Permit fees for certain City-sponsored events or municipal projects. The
City Manager may waive encroachment permit fees for projects funded by the following
funding sources: General Fund; Gas Tax/SB1 funds; Measure A funds; Fire Tax funds;
Aquatic Facility funds; Library funds; Capital Reserve Project funds; and Housing
Authority/Housing Assets funds
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