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HomeMy WebLinkAboutORD 705ORDINANCE NO. 705 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING CHAPTER 10.50 OF THE PALM DESERT MUNICIPAL CODE, RELATING TO VALET PARKING. WHEREAS, valet parking is a land -use and business activity that poses potential threats to public health, safety, and welfare if not properly regulated; and WHEREAS, many owners and occupiers of land within the City offer valet parking to their guests and patrons; and WHEREAS, such owners and occupiers of land within the City frequently contract with third parties to provide valet parking services to their guests and patrons; and WHEREAS, the City Council finds that the following ordinance will safeguard and benefit the public's health, safety, and welfare without unduly burdening valet parking contractors or businesses operating within the City. NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES ORDAIN as follows: Section 1. That Chapter 10.50 is hereby adopted and added to the Palm Desert Municipal Code and will read as follows: "CHAPTER 10.50 VALET PAMING Sections: 10.50.05 Definitions. 10.50.10 Permit required. 10.50.15 Application for permit. 10.50.20 Fees. 10.50.25 Permits--Issuance--Denial. 10.50.30 Permits --Issuance with conditions. 10.50.35 Revocation or modification of permits. 10.50.40 Violations. 10.50.45 Appeals. Sec. 10.50.05. Definitions. For purposes of this chapter, certain words and phrases shall be construed as set forth in this section, unless it is apparent from the context that a different meaning is intended. 1. "Permittee" means any person or other legal entity holding a valid valet parking permit issued by the City pursuant to this chapter. MSR31364 2. "Valet Parking Contractor" is a person or other legal entity who contracts with an owner or occupier of land located within the City to provide valet parking services to the customers or guests of said owner or occupier of land. 3. "Public right-of-way" means any area of the City dedicated to public use, including but not limited to public streets, roadways, parkways, alleys, sidewalks, and pedestrian ways. 4. "Valet parking" is the use of a parking attendant to park the cars of guests or patrons of a land owner or occupier within the City. It is immaterial whether such parking activity occurs on private property or public rights of way. 5. "Standard permit" is a valet parking permit issued for ongoing or regularly occuring valet parking activity. 6. "Special permit" is a valet parking permit issued for a one-time special event or purpose. Valet parking activity of more than one day's duration or occuring more than once per year shall be presumed to require a standard permit unless, for good cause shown, the Director of Public Works or the Technical Traffic Committee deems otherwise. Sec. 10.50.10. Permit required. No person or legal entity shall engage in valet parking within the City without a valid "Valet Parking Permit" issued by the City in the manner provided by this chapter. Permits issued prior to the adoption of this chapter shall remain in force and effect for the term of their original issuance, but in no event shall any such permit remain in effect longer than one year from its date of issuance. Valet parking contractors who apply for permits pursuant to this chapter shall include with their application materials a signed "letter of consent" from the land owner or occupier whose guests or patrons will be serviced by the valet parking contractor. The Public Works Department shall prescribe and provide forms for such letters of consent. Said forms shall, at a minimum, contain a promise by the land owner or occupier to share legal responsibility with the permittee for the permittee's compliance with this Chapter. Sec, 10.50.15. Application for permit. An application for a permit pursuant to this chapter shall be filed with the Director or Public Works or his or her designee. There shall be submitted such information as the Director of Public Works deems necessary in order to evaluate and act upon the permit application. Each application shall include, in general, at least the following basic information in writing: an outline of the method of operating the vehicle -parking service including, but not limited to, the hours of operation, the location(s) from which vehicles will be picked up, and to which they will be delivered to the patrons or guests, the NSR31364 - 2 location(s) where vehicles will be stored or placed, and the location(s) of any proposed signs and any proposed attendant stands, proof of insurance (including worker's compensation insurance) and current business license. Sec. 10.50.20. Fees. Each applicant for a standard permit under this chapter shall pay an application fee in the amount of $50.00 at the time of filing the application. Standard permits are valid for one year, if not sooner revoked. Permittees seeking to renew an existing permit shall also file an application for a permit, but the fee charged for such application shall be $25.00. No fee shall be charged for special permits. Sec. 10.50.25. Permits --Issuance and Denial. Permits as applied for shall be issued by the Director of Public Works, or his or her designee, based upon review and approval by the Technical Traffic Committee, provided it appears that all requirements of this chapter and of other applicable ordinances and laws have been, and will appropriately be met fully by the applicant, and that such permit can be issued subject to prescribed conditions adequate to assure that there will be no undue interference with normal traffic flow on public rights -of -way, and otherwise to protect the public safety and other persons' property rights and their rights to coequal use and enjoyment of public property. Any permit application may be denied if the Director of Public Works concludes it cannot be issued subject to such safeguards. Temporary valet parking permits may be issued prior to a regularly scheduled Technical Traffic Committee meeting. Sec. 10.50,30. Permits --Issuance with conditions. The issuance of any permit pursuant to this chapter shall, if appropriate, have conditions attached thereto reasonable and adequate to protect the public health, safety, and welfare. The Technical Traffic Committee shall have discretionary authority to prescribe any such necessary or appropriate conditions, deletions, or changes in permits approved. All permits shall contain the following minimum conditions: (1) All valet parking activity in the City must be conducted pursuant to an approved valet parking plan, in accordance with Section 25.58.312, which includes provisions for insurance for the patrons to the satisfaction of the City Attorney. (2) Regulations imposed by the Alcoholic Beverage Control should be incorporated with valet parking permit applications. (3) Permittees shall allow self -parking customers to park their cars in convenient spaces. Permittees shall not prevent customers from utilizing those spaces which are nearest to building entrances. If feasible under the circumstances, the Technical Traffic Committee shall allow permittees to designate in their valet parking plan a reasonably -sized area MSR31364 - 3 - of a parking lot for the exclusive use of valet parking. Such exclusive areas shall be a reasonable distance from building entrances, but shall in no event encompass the spaces closest to building entrances. (4) All valet parking applications shall be reviewed individually by the Public Works staff for approval by the City of Palm Desert's Technical Traffic Committee. (5) Permits issued to the requesting valet parking permittee may be reviewed periodically for adjustment and overall evaluation, based upon field observation by the City staff. (6) Use of public right-of-way by the valet parking permittee for drop-off or pick-up purposes or storage is not permitted unless special circumstances, i.e., unavailability of adequate parking, is documented and approved by the city. (7) Valet parking operations for a gi-.en land owner or occupier shall be limited to no more than half the total designated capacity of the lot. If the parking spaces assigned exclusively for valet use are full, then the permittee may park cars in the self -parking areas. Likewise, if the parking spac-s assigned to self -parking are full, then the permittee shall allow self-parkers to use designated valet spaces. (8) Valet parking operations shall not interfere with the traffic flow and general public access along, in, or out of dedicated right-of-way and private driveways. (9) Designated handicapped spaces cannot be used for valet parking, except when parking a handicapped person's vehicle. (10) Valet parking operations shall not be conducted which would interfere with Fire Department access and specific requirements. (11) Applicant shall comply with all applicable City Code provisions and regulations of the City and State, including but not limited to those pertaining to traffic, noise, and nuisances. (12) No sign shall be installed on public right-of-way for the purpose of valet parking circulation except with the approval of the Technical Traffic Committee. Visible signs, of equal size to valet parking signs, with directional arrows shall be placed at appropriate locations to direct potential patrons to the designated self -parking areas. As a part of the permit application, the permittee shall agree to place approved signs to inform motorists/patrons of the availability of valet as well as self parking spaces. The sign specifications shall meet standards to the approval of the City Public Works Director or his or her designee. Such signs shall not be MSR31364 - 4 - Apftl 10"k, placed along the public right-of-way, or any other location, which might expose the public to potential safety problems. (13) Any change in the use, ownership, business or valet parking permittee shall require reassessment and approval of a new permit by the city. (14) The city may change, add or delete certain conditions, including those specified above, to reflect new policies and requirements. (15) Permittee proposals for shared parking facilities requires a letter of agreement/approval from other land owners or occupiers sharing the same parking facility. (16) Permittee employees shall wear clothing that indicates, at a minimum, the permittee's name, logo, or similar approved identification. (17) Specific drop-off lanes or established fire lanes cannot be used for valet parking. (18) Routine inspections and field observations will be conducted by Public Works and/or Code Enforcement staff to insure compliance with the regulations set forth to apply to valet parking permittees. Violations found will be recorded for reevaluation and possible revocation of the permit. (19) All valet parking permits shall be reviewed on an annual basis. (20) Gratuities may always be accepted. Sec. 10.50.35. Revocation or modification of permits. (a) Any permit granted pursuant to the provisions of this chapter may, after the permittee has been afforded the opportunity of a due process hearing as hereafter stated, be revoked or modified by the Director of Public Works for any of the following grounds or reasons: (1) Any acts done under the permit have interfered with the normal flow of vehicular or pedestrian traffic on any public right-of-way; (2) The permittee or permittee's employees have failed to comply with a provision of the City Code, including but not limited to those provisions pertaining to signage, traffic, noise, and nuisances; (3) The permittee has failed to maintain a current business license as required in Title 5 of this code; MSR31364 - 5 - (4) There was given any false or fictitious information in connection with the application for and obtaining of the permit; (5) There has been a significant violation of or a failure to comply with any condition attached to the permit or any provision or regulation of this chapter or of any other applicable rules or regulations; (6) Any other reason exists for which the permit might have been lawfully denied in the first instance, or that for any reason the continued operations under the permit will be inimical to the public safety or general welfare of the community. (b) Such a revocation or modification of a permit shall be made only after opportunity has been granted to the permittee for a due process hearing before a Valet Parking Review Committee (which shall be comprised of representatives from the Sheriff's Department, Public Works Department, Code Enforcement Department and City Attorney's office), after ten days' written notice to said permittee, setting forth the nature and grounds of complaint against him and stating the time and place such hearing will be held. (c) Upon failure of the permittee to respond to the opportunity for hearing after receiving notice of such hearing, the permit may be revoked, or may be modified in such particulars as are deemed necessary in the public interest, and any such revocation or modification shall be effective upon notice to the permittee in writing. Notice shall be sent certified mail, return receipt requested. Any such order of revocation or modification shall also be effective as to any employee or agent of the permittee, which employee or agent has been notified in writing of the substance of the order. (d) Any such revocation or modification of any permit may be in addition to any penalties otherwise provided for by law. Sec. 10,50.40. Violations. Violations of this chapter may be cited and prosecuted as either a misdemeanor or an infraction, in the City's discretion. The City may also bring a civil action to enforce this chapter. Both the permittee and the consenting land owner or occupier on whose property the valet parking activity occurs shall be mutually responsible for compliance by the permittee and permittee's employees or agents with the provisions of this chapter. Sec. 10.50.45. Appeals. Any person aggrieved by any action of the Director of Public Works, his or her designee, the Valet Parking Review Committee, or the Technical Traffic Committee, in administering the provisions of this chapter, other than actions resulting in a court filing, may appeal to the City Council by completing the appropriate appeal form and NSR31364 - 6 - l submitting the form to the City Clerk's office for scheduling at a City Council meeting." Section 2. That the City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published once in the Palm Desert Post, a newspaper of general circulation, printed, published, and circulated in the City of Palm Desert, and the same shall be in force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED this 25th day of March, 1993, by the City Council of the City of Palm, California, by the following vote, to wit: AYES: Crites, Kelly, Snyder, Wilson, Benson NOES: None ABSENT: None ABSTAIN: None SHEILA City of Pa LIGAN, ,Ca Desert.,( lifornia -7- V &, va l LL M. BENS N, Mayor y of Palm Desert, California MSR31364