HomeMy WebLinkAboutOrd 1143 Valet Parking PermitsREQUEST:
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
Rescind Ordinance No. 705 Section 1 (part) and approve a Notice of
Exemption and an amendment to Title 10 (Vehicle and Traffic) of the
Palm Desert Municipal Code replacing Chapter 10.50 Valet Parking
to change the procedures for issuance of valet parking permits and
to revise the penalties for failure to comply with requirements of the
ordinance.
SUBMITTED BY: Lauri Aylaian
Director of Community Development
APPLICANT: City of Palm Desert
DATE: November 8, 2007
CONTENTS: Draft Ordinance No. 1143
Staff Report dated September 27, 2007 including attachments
Recommendation:
That the City Council waive further reading and adopt Ordinance No. 1143,
rescinding Ordinance No. 705 Section 1 (part) and approving a Notice of
Exemption and amendment to Title 10 (Vehicles and Traffic) of the Palm Desert
Municipal Code replacing Chapter 10.50 Valet Parking to change the procedures
for issuance of valet parking permits and to revise the penalties for failure to
comply with the requirements of the ordinance.
Executive Summary:
Approval of the staff recommendation would adopt Ordinance No. 1143 which
revises the procedures for issuance of valet parking permits and the penalties for
noncompliance, but makes no changes to previously established City of Palm
Desert policy regarding valet parking.
Discussion:
At the October 11, 2007 City Council meeting, Ordinance No. 1143 was put forth
for second reading. At that time the City Council requested a continuance in
order for staff to consult with the El Paseo Merchants Association regarding the
Staff Report
November 8, 2007
Page 2 of 2
long-standing policy of prohibiting valet operators from charging for their services
if public right-of-way is used as a drop off, pick up or parking area.
In response to the request of the City Council, staff brought the matter before the
El Paseo Business Improvement District Board on October 18, 2007. At that
time, the Board voted by a majority (5-1) to recommend that charging for valet
parking not be permitted by the City of Palm Desert.
Based on the recommendation of the El Paseo Business Improvement District
and upon previously established City policy, staff recommends that Ordinance
No. 1143 be approved as presented.
Prepared by:
___—s
LAURI AYLAIAN
Director of Community Development
Approval:
pi HOMER CROY
G' ACM for Development Services
:;ITY COUNCIL
APPROVED ,, ✓..
RECEIVED
as cane/ '
MIEETIN DATE
AYES:
(lrSc,
Approval:
CARLOS L. TEGA
City Manager
CTION:
DENIED
OTRER Mnpleri Ord, A/
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NOES:
ABSENT ♦ �l �,
ABSTAIN: On
VERIFIED BY: ..__
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ORDINANCE NO. 1143
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, RESCINDING ORDINANCE 705 § 1
(PART) AND APPROVING A NOTICE OF EXEMPTION AND AN
AMENDMENT TO TITLE 10 (VEHICLES AND TRAFFIC) OF THE
PALM DESERT MUNICIPAL CODE REPLACING CHAPTER 10.50
VALET PARKING TO CHANGE THE PROCEDURES FOR
ISSUANCE OF VALET PARKING PERMITS,AND TO REVISE THE
PENALTIES FOR FAILURE TO COMPLY WITH REQUIREMENTS
OF THE ORDINANCE.
WHEREAS,the City Council of the City of Palm Desert, California, did on the 27th day of
September, 2007, hold a duly noticed public hearing to consider a Notice of Exemption and
amendment to the Valet Parking Ordinance as described above; and
WHEREAS, said application has complied with requirements of the "City of Palm Desert
Procedures to Implement the California Environmental Quality Act, Resolution No. 06-78,"in that
the Director of Community Development has determined that the project is a Class 3 Categorical
Exemption and no further documentation is necessary; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
arguments, if any, of all interested persons desiring to be heard, said City Council did find the
following facts to justify its action as described below:
1. That the revised Valet Parking Ordinance, Title 10, Chapter 10.50, is consistent
with the objectives of the Municipal Code.
2. That the revised Valet Parking Ordinance, Title 10, Chapter 10.50 of the Municipal
Code, would better serve the public health, safety, and general welfare than the
current regulations.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, as
follows:
1. That the above recitations are true and correct and constitute the consideration of
the City Council in this case.
2. That the City Council hereby rescinds Ordinance 705§ 1 (Part), approves a Notice
of Exemption and replaces Chapter 10.50 of the Palm Desert Municipal Code Title
10, with Exhibit "A" attached hereto.
3. 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.
ORDINANCE NO. 1143
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this day
of , 2007, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHARD S. KELLY, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
2
ORDINANCE NO. 1143
EXHIBIT "A"
Chapter 10.50 VALET PARKING
10.50.005 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.
"Permittee" means any person or other legal entity holding a valid valet parking permit
issued by the City pursuant to this chapter.
"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.
"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 occurring more than once per year shall
be presumed to require a standard permit unfess, for good cause shown, the City Manager or
his/her designee deems otherwise.
"Standard permit" is a valet parking permit issued for ongoing or regularly occurring valet
parking activity.
"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.
"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. (Ord. 705 § 1 (part), 1993)
10.50.10 Permit required.
A. 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 the ordinance codified in 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.
3
ORDINANCE NO. 1143
B. 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. (Ord. 705 § 1 (part), 1993)
10.50.15 Applicant for Permit.
An application for a permit pursuant to this chapter shall be filed with the City Manager or
his/her designee. There shall be submitted such information as is deemed necessary in orderto
evaluate and act upon the permit application. Each written application shall include the following
information: 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 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 city business license.
(Ord. 705 § 1 (part), 1993)
10.50.020 Fees.
Each applicant for a standard permit or a special permit under this chapter shall pay an
application fee in accordance with the applicable schedule and at the rate provided by the latest
City Council Resolution. Standard permits are valid for one (1) year, if not sooner revoked.
Permittees seeking to renew an existing permit shall also file an application for a permit, and the
fee charged for such application shall be in accordance with the applicable schedule and at the
rate provided by the latest City Council Resolution.
4
ORDINANCE NO. 1143
10.50.25 Permits—Issuance and denial.
Permits as applied for shall be issued by the City Manager, or his/her designee, provided
all requirements of this chapter and other applicable ordinances and laws have been, or will 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 �ights and
their rights to coequal use and enjoyment of public property. Any permit application may be
denied for failure to satisfy the above conditions. (Ord. 705 § 1 (part), 1993)
10.50.030 Permits—Issuance with conditions.
A. The issuance of any permit pursuant to this chapter shall, if appropriate, have
conditions attached thereto, reasonable and adequate to protect the public heath, safety and
welfare. The City Manager or his/her designee shall have discretionary authority to prescribe any
such necessary or appropriate conditions, deletions or changes in permits approved.
B. 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. Valet parking may not impede, infringe upon, or discourage self-parking.
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.
Permittees may designate in their valet parking plan a reasonable area of a parking lot for the
exclusive use of valet parking. Such exclusive areas shall be a reasonable distance from
building, but shall in no event encompass the spaces closest to building entrances.
4. All valet parking applications shall be reviewed individually by the City
Manager or his/her designee.
5
ORDINANCE NO. 1143
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 rights-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 pursuant to valet parking plans.
7. Valet parking operations for a given land owner or occupier shall be limited
to no more than one-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 area.
Likewise, if the parking spaces 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 rights-of-way and private driveways.
9. Designated handicapped spaces cannot be used for valet parking.
10. Valet parking operations shall not be conducted in a manner that will
interfere with fire department access and any specific requirements of the fire department.
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 rights-of-way for the purpose of valet
parking circulation except with approval pursuant to the valet parking plan.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 set forth in the
valet parking plan. Such signs shall not be 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 approval of a new or modified permit by the city.
6
ORDINANCE NO. 1143
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 require 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 city staff to
insure compliance with the regulations set forth in the valet parking plan and this Chapter.
19. All valet parking permits shall be renewed on an annual basis.
20. Valet parking that utilizes public right of way or property for any aspect of the
operation shall not charge a fee for valet service.
21. Gratuities are not prohibited. (Ord. 705 § 1 (part), 1993)
10.50.035 Penalties and Procedures.
A. Any violation of this article is a misdemeanor punishable by a fine of not more than
$1,000.00 as follows: for the first such offense under a standard or special permit, $100.00; for
the second such offense under a standard of special permit $250.00; for the third, $500.00; for
the fourth such offense $1,000.00. The citation shall be issued by a police officer or code
compliance officer, and shall be issued to, and payable by, the valet parking contractor. A
citation may be issued for any of the following 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;
7
ORDINANCE NO. 1143
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 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. The permittee has created unsafe conditions, including obstruction oftraffic
flow, patrons' stopping, opening doors or disembarking outside the valet parking zone, and
reckless driving of attendants;
7. The permittee has failed to store patrons' vehicles only in parking spaces
approved in the license;
8. Any other reason exists for which the permit might have been lawfully
denied in the first instance, or that for any reason continued operations under the permit will be
inimical to the public safety or general welfare of the community.
B. Revocation or modification of any permit may be in addition to any penalties
otherwise provided by law. (Ord. 705 § 1 (part), 1993)
10.50.040 Suspension of Operations.
A police officer, or a code compliance officer, may suspend all operations at a valet
parking station and a valet parking zone, except for retrieval of vehicles already subject to valet
parking, for the remainder of one (1) evening's hours of operation (which may extend into the
early morning hours of the next day), upon the issuance of two (2) citations in one (1) evening
(which may extend into early morning hours of the next day).
10.50.045 Appeals.
A. Any person aggrieved by any action of the City Manager or his/her designee in
administering the provisions of this Chapter may appeal to the Planning Commission by
completing the appropriate appeal form and submitting the form to the city clerk's office for
scheduling at a commission meeting. (Ord. 705 § 1 (part), 1993) The determination of the
Planning Commission shall be final.
8
�/� CITY OF PALM DESERT
� � DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: Rescind Ordinance 705 § 1 (Part), and approve a Notice of
Exemption and an amendment to Title 10 (Vehicles and Traffic) of
the Palm Desert Municipal Code replacing Chapter 10.50 Valet
Parking to change the procedures for issuance of valet parking
permits and to revise the penalties for failure to comply with
requirements of the ordinance.
SUBMITfED BY: Lauri Aylaian
Director of Community Deve{op t
APPLICANT: City of Palm Desert t:c�?R'�C B�iF �—� /—Q�
DATE: September 27, 2007 � �4t�r;��`-'�Td
�ASS�D TO 2ND READING <�a" ��C�
CONTENTS: Draft Ordinance No. 11,43
Current Valet Parking Ordinan
Notice of Exemption
Planning Commission Meeting Minutes (excerpt from
4 September 2007)
Recommendation:
That the City Council waive further reading and pass Ordinance No. 1143 to
second reading rescinding Ordinance 705 § 1 (Part) and approving a Notice of
Exemption and an amendment to Title 10 (Vehicles and Traffic) of the Palm
Desert Municipal Code replacing Chapter 10.50 Valet Parking to change the
procedures for issuance of valet parking permits and to revise the penalties for
failure to comply with requirements of the ordinance.
Executive Summary:
Approval of the staff recommendation would pass to second reading a revised
valet parking ordinance in order to provide greater flexibility for enforcement of
the requirements of the ordinance. The revised ordinance will also make
housekeeping changes to reflect current City department and position titles, and
to delete references to an obsolete committee.
Discussion:
Title 10 of the Municipal Code addresses issues relating to vehicles and traffic, including
valet parking provided in both public and private parking lots. The ordinance has not
been revised in a number of years and currently has references to obsolete
Staff Report
Valet Parking Ord+nance Revision
Page 2 of 2
September 27, 2007
departments and positions within the City, and to the Technicai Traffic Committee;
which no longer exists. Further, it has proven cumbersome from an enforcement
standpoint in recent years because the penalties for noncompliance are limited to
revocation or modification of the permit after public hearings.
In order to better enforce the intent of the ordinance, modifications have been proposed
that wiff clarify the outdated references and ambiguities. The modification will also add a
series of fines for violations of approved valet parking plans granted subject to the terms
of the ordinance. Specifically, fines far a first offense will be $100; for the second
offense $250; for the third offense $500; and for the fourth offense $1,000. Citations
may be issued by a police officer or by a code compliance officer. Staff believes that
these fines will result in greater responsiveness to the requirements of the ordinance
than does the existing structure of holding a public hearing to revoke or modify a permit.
Other minor revisions that are proposed include requiring that the permits be renewed
on an annual basis rather than merely reviewed, and that designated accessible parking
spaces not be used for valet parking under any circumstances.
Previous Actions:
On Tuesday, 4 September 2007, the Planning Commission reviewed the proposed
modifications to the valet parking ordinance. They made several specific
recommendations to revise wording in order to emphasize the rights of those who
choose to self-park. Those recommendations have been incorporated into the
ordinance language presented here for approval. Based on these minor revisions, the
Planning Commission recommended unanimously (5-0) to recommend approval to the
City Council.
Prepared b�� _ _
-� � � - �
/-_���' ��G.!�
LAURI AYLAIAN
Director of Cammunity Development
Appro�c�l� Approval:
�__- � ' ���i"
HOMER CROY /' ` CARLOS L. OR GA
ACM, Developm�t Services City Manager
t�.I'I�nna�k'.I ta�i Ayla�am5blr Rc�x+ttt:Valc�Parkmg 4.7L07 nl
ORDINANCE NO. 1143
�
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM C� �
DESERT, CALIFORNIA, RESCINDING ORDINANCE 705 § 1 � �
(PART) AND APPROVING A NOTICE OF EXEMPTION AND AN � .� �,
AMENDMENT TO TITLE 10 (VEHICLES AND TRAFFIC) OF THE � ''� x
PALM DESERT MUNICIPAL CODE REPLACING CHAPTER 10.50 ,v �
VALET PARKING TO CHANGE THE PROCEDURES FOR o c
ISSUANCE OF VALET PARKING PERMITS, AND TO REVISE THE '— N
PENALTIES FOR FAILURE TO COMPLY WITH REQUIREMENTS �" 8 �
OF THE ORDINANCE. � � �
ao
x
WHEREAS, the City Council of the City of Palm Desert, California, did on the 27 d� �
September, 2007, hold a duly noticed public hearing to consider a Notice of Exem ion n �
amendment to the Valet Parking Ordinance as described above; and
WHEREAS, said application has compfied with requirements of the"City of Palm Desert
Procedures to Implement the California Environmental Quality Act, Resolution No. 06-78,"in that
the Director of Community Development has determined that the project is a Class 3 Categorical
Exemption and no further documentation is necessary; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
arguments, if any, of all interested persons desiring to be heard, said City Council did find the
following facts to justify its action as described below:
1. That the revised Valet Parking Ordinance, Title 10, Chapter 10.50, is consistent
with the objectives of the Municipal Code.
2. That the revised Valet Parking Ordinance, Title 10, Chapter 10.50 of the Municipal
Code, would better serve the public health, safety, and general welfare than the
current regulations.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Pafm Desert, as
follows:
1. That the above recitations are true and correct and constitute the consideration of
the City Council in this case.
2. That the City Council hereby rescinds Ordinance 705§ 1 (Pa�t), approves a Notice
of Exemption and replaces Chapter 10.50 of the Palm Desert Municipal Code Title
10, with Exhibit "A" attached hereto.
3. 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.
ORDINANCE NO. 1143
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this day
of , 2007, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHARD S. KELLY, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
2
ORDINANCE NO. 1143
EXHIBIT "A"
Chapter 10.50 VALET PARKING
10.50.005 Definitions.
For purposes of this chapter, certain words and phrases shall be construed as setforth in
this section, unless it is apparent from the context that a different meaning is intended.
"Permittee" means any person or other legal entity holding a valid valet parking permit
issued by the City pursuant to this chapter.
"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.
"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 occurring more than once per year shall
be presumed to require a standard permit unless, for good cause shown, the City Manager or
his/her designee deems otherwise.
"Standard permit" is a valet parking permit issued for ongoing or regularly occurring valet
parking activity.
"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.
"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. (Ord. 705 § 1 (part), 1993)
10.50.10 Permit required.
A. 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 the ordinance codified in 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.
3
ORDINANCE NO. 1143
B. 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. (Ord. 705 § 1 (part), 1993)
10.50.15 Applicant for Permit.
An application for a permit pursuant to this chapter shall be filed with the City Manager or
his/herdesignee. There shall be submitted such information as is deemed necessary in orderto
evaluate and act upon the permit application. Each written application shall include the following
information: 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 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 city business license.
(Ord. 705 § 1 (part), 1993)
10.50.020 Fees.
Each applicant for a standard permit or a special permit under this chapter shall pay an
application fee in accordance with the applicable schedule and at the rate provided by the latest
City Council Resolution. Standard permits are valid for one (1) year, if not sooner revoked.
Permittees seeking to renew an existing permit shall also file an application for a permit, and the
fee charged for such application shall be in accordance with the applicable schedule and at the
rate provided by the latest City Council Resolution.
4
ORDINANCE NO. 1143
10.50.25 Permits—Issuance and denial.
Permits as applied for shall be issued by the City Manager, or his/her designee, provided
all requirements of this chapter and other applicable ordinances and laws have been, or will 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 for failure to satisfy the above conditions. (Ord. 705 § 1 (part), 1993)
10.50.030 Permits—Issuance with conditions.
A. The issuance of any permit pursuant to this chapter shall, if appropriate, have
conditions attached thereto, reasonable and adequate to protect the public heath, safety and
welfare. The City Manager or his/her designee shall have discretionary authority to prescribe any
such necessary or appropriate conditions, deletions or changes in permits approved.
B. 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. Valet parking may not impede, infringe upon, or discourage self-parking.
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.
Permittees may designate in their valet parking plan a reasonable area of a parking lot for the
exclusive use of valet parking. Such exclusive areas shall be a reasonable distance from
building, but shall in no event encompass the spaces closest to building entrances.
4. All valet parking applications shall be reviewed individually by the City
Manager or his/her designee.
5
ORDINANCE NO. 1143
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 rights-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 pursuant to valet parking plans.
7. Valet parking operations for a given land owner or occupier shall be limited
to no more than one-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 area.
Likewise, if the parking spaces 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 rights-of-way and private driveways.
9. Designated handicapped spaces cannot be used for valet parking.
10. Valet parking operations shall not be conducted in a manner that will
interfere with fire department access and any specific requirements of the fire department.
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 rights-of-way for the purpose of valet
parking circulation except with approval pursuant to the valet parking plan.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 set forth in the
valet parking plan. Such signs shall not be 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 orvalet parking permittee shall
require approval of a new or modified permit by the city.
6
ORDINANCE NO. 1143
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 require 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 city staff to
insure compliance with the regulations set forth in the valet parking plan and this Chapter.
19. All valet parking permits shall be renewed on an annual basis.
20. Valet parking that utilizes public right of way or property for any aspect of the
operation shall not charge a fee for valet service.
21. Gratuities are not prohibited. (Ord. 705 § 1 (part), 1993)
10.50.035 Penalties and Procedures.
A. Any violation of this article is a misdemeanor punishable by a fine of not more than
$1,000.00 as follows: for the first such offense under a standard or special permit, $100.00; for
the second such offense under a standard of special permit $250.00; for the third, $500.00; for
the fourth such offense $1,000.00. The citation shall be issued by a police officer or code
compliance officer, and shall be issued to, and payable by, the valet parking contractor. A
citation may be issued for any of the following 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;
�
ORDINANCE NO. II43
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 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. The permittee has created unsafe conditions, including obstruction of traffic
flow, patrons' stopping, opening doors or disembarking outside the valet parking zone, and
reckless driving of attendants;
7. The permittee has failed to store patrons' vehicles only in parking spaces
approved in the license;
8. Any other reason exists for which the permit might have been lawfully
denied in the first instance, or that for any reason continued operations under the permit will be
inimical to the public safety or general welfare of the community.
B. Revocation or modification of any permit may be in addition to any penalties
otherwise provided by law. (Ord. 705 § 1 (part), 1993)
10.50.040 Suspension of Operations.
A police officer, or a code compliance officer, may suspend all operations at a valet
parking station and a valet parking zone, except for retrieval of vehicles already subject to valet
parking, for the remainder of one (1) evening's hours of operation (which may extend into the
early morning hours of the next day), upon the issuance of two (2) citations in one (1) evening
(which may extend into early morning hours of the next day).
10.50.045 Appeals.
A. Any person aggrieved by any action of the City Manager or his/her designee in
administering the provisions of this Chapter may appeal to the Planning Commission by
completing the appropriate appeal form and submitting the form to the city clerk's office for
scheduling at a commission meeting. (Ord. 705 § 1 (part), 1993) The determination of the
Planning Commission shall be final.
s
IU.�O.WS
Chapter 10.50 term ot Iheir original issuance, but in no event shall any
such permit remain in rffect lun�;er than one year from its
VALET PARKING date of issuance.
B. Valet parking cuntractors who apply for permits
Sections: pursuanl to this chapter�haU incluJe with their application
10.50.005 Definitions. materials a signed letter of consent from the land owner or
10.50.010 Permit required. occupier whuse guests or patrons will be servicrd by the
10.50.015 Application for permit. valrt parking contr�ctor.The public works department shall
10.50.020 Fees. prescribe and provide forms for such letters of consent.
10.50.025 Permits—Issuance and denial. Said forms�hall,at a minimum,contain a promise by the
l0.50.030 Permits—Issuance with conditions. land owner or occupier to share legal responsibility with
10.50.035 Revocation or modification of �he permittee for the permittee's compliance with this cha�
permits. ter.(Ord, 7U5 ,��' 1 (part), 1993)
10.50.040 Violation�.
10.50.045 AppeAls. 10.50.O15 Application tor permit.
An application for a pem�it pursuant to this chapter shall
10.50.005 Definitions. be filed with the director of public works or his or her des-
For purposes of this chapter,cercain words and phrases ignee. There shall be submitted such information as the
shall be construed as set focth in this section,unless it is director of public works deems necessary in order to evalu-
apparent from the context that a different meaning is in- ale and ac1 upon 1he permit application. Each application
tended. shall include,in general,at least the following basic infor-
"Pecmittee"means any person or other lega]entity hold- mation in writing:an outline of the method of operating the
ing a valid valet parking permit issued by the City pursuant vrhicle parking service including, but not limited to, the
to this chapter. hours of operation,the localion(s)from which vehicles will
"Public right-of-way"means any area of the city dedi- be picked up, and to which they will be delivered to the
cated to public use, including but not limited to public patrons or guests, the location(s) where vehicles will be
streets,roadways,parkways,alleys,sidewalks and pedes- stored or placed,and the location(s)of any proposed signs
trian ways. and any proposed attendant stands,proof of insurance(in-
"Special permit" is a valet parkin�permit issued for a cluding wurker's compensation insurance) and current
one-time special event or purpose.Valet parking activity of business license.(Ord. 70S§ 1 (part), 1993}
more than one day's duration or occurting more than once
per year shall be presumed to require a standard permit 10.50.020 Fees.
unless,for good cause shown,the director of pubtic works Each applicanr for a standard permit under this chapter
or the technical traffic committee deems otherwise. shall pay an application fee in the amount of fit�y dollars at
"Standard permit" is a valet parking permit issued for the time of filing the application.Standard permits are valid
ongoing or regularly occurring valet parking activity. for one year, if not sooner revoked, Permittces seeking to
"Valet parking"is the use ofa parking attendant to park renew an existing permit shall also file an application for a
the cars of guests or patrons of a land owner or occupier permit, but the fee charged for such application shall be
within the city.It is immaterial whether such parking activ- twenty-five dollars. No fee shall be charged for special
ity occurs on private property or public rights-of-way. permits. (Ord. 705 § 1 (part), 1993)
"Valet parking contraclor" is a person or other legal
entity who contracts with an owner or occupier of land 10.50.025 Permits—Issusnce and denial.
located within the city to provide valet parking services to Permits as applied for shall be issued by the Jirector of
the customers or guests of said owner or occupier of land. public works, or his or her designee, based upon review
(Ord. 705 § I (part), I 993) and approval by the technical traffic committee,provided il
appears that all requirements of this chapter and of othet
10.50.0(0 Permit required. applicable ordinances and laws have been,and will appro-
A. No person ur legal entity shall engagr in valet park- priately be,met fully by the applicant,and that such permit
ing within �he city without a valid valet parking permit can be issued subjec�to prescribed conditions adequate to
issued by the ciiy in the manner provided by this chupter. assure that lhere will be no undue interference with normal
Permits is�ued prior to the adoption of the ordinance codi- Iraffic tlow on public rights-uf way,and otherwi�e to pro-
tied in this chapter�hall remain in toree and effect for the Iect the public s:►fety and uthrr prr,on�' property
�r�,�n rx•.�,,,�,�� v�� ; ..,��� ,�,
�o.so.ozs
� rights and tbeir rights to coequal use and enjoymcnt of parking spaces assigned to self-parking are full, then the
, public property. Any permic applicadon may be denied permittoe shall allow self-parlcers to ase designated vakt
if 1he direcWr of public wotics ooacludes it cannot be issued spaces.
subject uo suc�safeguaed.s.Temparary vala packing permits 8. Valet parking operatioos s6a11 not interfere wit�
may be issued pria to a�egulacly sc�oduled technir,al trafEic the traffic flow and general pubtic acass along.in or out
commictee moedng. (Ord. 705 § 1 (part), 1993) of dedicated rights-0f-way and privau driveways.
9. Dcsignated handicapped spaas cannot be used for
lOS0.030 Permit�Issuance with conditions. vakt pa�icing,�xcept wben pariting a handicapped petson's
A. 'Tbc issuazwe of any permit pursuant to tLis chapter vehicle.
shalt, if appropriate, have conditions attached thereto. 10. Valet parking operations sball not be conducted
reasonable and adequate to p�tect tbe public health,safety whic6 would inteifere with fire deparnnent access and
and welfare. The tecbnical traffic committee s6all bave specific requutments.
disccetionary authority to p�escribe any suc4 necessary or 11. Applicant shall armply with all applicabk city code
appropriate conditions. ddedoes or cbanges in permits provisions and reguladons of ebe city and sta�e.including
approved. but not lia►ited to those pertaining to traffic, noise and
B. All permits sbalf contain the following minimum nuisances.
conditions: 12. No sign shall be installed on public rights-of-way
i. All valet paricing activity in the city must be con- for We purpose of valet parking c'vculaaon except with
ducted pursuant to an approved valet parking plan. in the approval of the technical traffic commiuee. Visible
accordanct with Section 25.58312.which includes provi- signs.of equal size ta valet parking signs.wiW d'uecuonai
sions for insurance for the patrons to the satisfaction of arrows sball be pla�xd at appropriate locations to d'vect
the city attomey. potential patrons to the designatcd sclf-parking anas.As
2. Regulations imposed by the Alcoholic Beverage a part of the permit application.the permittee shall agree
Control s6ould be inoorporated with valet parking p4rmit to place approved signs to inform motorists/patroas of the
appliptions. availability of valet as well as seif-parking spaces. The
3. Petmitiees shall allow self-puicing customers to sign specifications sball meet standards to the aQproval
paric tbeir cars in convenient spaces.Permittas s6all not of t6e ciry public works dircccor or his or Aer des+gnec.
provent customees from utilizing those spaces which are Such signs s6all na be placed along tbc public rig6t-of-way,
nearest to building enqances.If feasible under the circum- or any oWer location, whicb might expose the public o0
stances. the technical traffic commiux shall albw potential safety probiems.
permiuees co designate in the'v valet parking plan a reason- 13. Any change in the use.ownership,business or valet
ably siud ariea of a parking lot for the exclusive use of parlcing perimitoee shall re.quue re�sessment and approvai
valec parking.Such exclusive areas shatl be a«asonable of a ncw permit by the city.
distance from building entrances, but shall in no event 14. T6e city may change,add or delete certain coadi-
encompass the spaces closest to building entrances. tions,including those specified above,to reDoct new poGcies
4. All valct par�ing applications shall b�reviewed and requinments.
individually by the public works staff for approval by the I S. Pecmitta proposais for shared parking facilities
ciry's technical traftic committee. rcquires a letur of agreemendapproval from other land
S. Permits issued to tbe reqoesting valet parking owners or occupiers shanng the same parkiog faci[ity.
permiaee may be reviewed periodically for adjustrnent and 16. Peca►ittee employees shall wear clothing that indi-
overall evaluation, based upon field observauon by the cates,at a minimum,the permiuee's namc,Iogo or similar
city staff. approved idennficauun.
6. Use of public rig6ts-of-way by ttie vaiet parking 17. Specific clrop-off lanes ur established firr lanes
permittee for drop-off or pick-up purposes or storage is cannot be used for valec parking.
not pernritte�unless spocial circ.um�a�es,i.e.,�mavailabili- 18. Rouune inspecrions and field observations witl be
ty of adequate pazking, is documented and approved by conducted by Public works ancl/or code enforcement staff
[he city. to insure compliance with the regulauons set fortb to apPly
7. Valet parking operations for a given land owner to valet p:uicing pennittees.V iolations found wiU be rerord-
or occupier shall be limited to no more than one-half the ed for reevaluation and possible revocation of the permit.
total designated capacity of the lot. If the parking spaces 19. All valet parking permits shall be revieweJ on an
assigned exclusively for vakt use are full,then Iht perrnittce :v�nual basis.
may purk cars in the self-parking areas. Likewise, if the
?��-� •P�Im[kun 8•�)}1
10.50.030
20. Grawiaes may always be accepcod. (OM. 70S D. Any suc�revocatioa a modification of any pecmit
3 1 (part). 1993) may be in addition to any peaalties otberwise provided
for by law. (Ord. 70S � 1 (pact), 1993)
1030.035 Revocation or moditkatfion o[
perrdts. 10.50.040 Vloladau.
A. Any permit gianted pursuant to tbe provisions of Violadons of this chapcer may be cited and prosecuted
this�chapter may� after t1� permitta has becn afforded as eitha a misdemeanor or an infraction. iu the ciry's
�he opportunity of a due process hearing as statod in this disa+etioo.The city may also b�ing a civil xtion to enforc.e
sedion�be tevoked or mvdified by the directa of public tbis chapta. Bod�the permiux and the consenang lazd
worics for aoy of We following grounds or reasons: owna or oocupier on ahose property the valet paiicing
1. Any acts da�e uader tdo permit bave mterfe�ed with activity oocu�s shall be muwally tespcxtsible far coutpliana
the nocmal Elow of vehicular or pedest�iaa traffic on any by the pau►iax and permittee's employas or agents w'sth
public right-of-way; the provisions of this chapter.(Ord.70S§ 1 (part), 1943)
2. 'Ibe permittee or permittee's dnployxs have faiied
to comply arith a provision of the city code.i�acluding but 10.50.045 Appeab.
noc limited bo tbos�e provisioos pe�tainiag to signage,traftic. Any persoo aggrieved by any action of the direccor of
noise,and nuisanas: pub6c works,his or her designee,the valu parring review
3. The permiuee haa failed oo maintaiu a current committee.a the technical aaffic commiaa m admu�ister-
business license as r+equired in Title S of this oode; ing tbe poovisioas of tbis chapta.othor than actioas�esuh-
4. 'Iber+�was given any false or fictitious infamadon ing in a couR filing� may appeal to the city oouocil by
in oonnxtion with d�e applicalion[or and obtaining of the compkdag the appropriate.appeal form and submitting
permit; the form to the city ckrlc's offioe fa scheduling at a ciry
S. �here has baa a si�cant violation of a a fsiluro cou�cil meeting. (ON. 705 § 1 (part), 1993)
W c�o�ply with any vondition attac�ed to We permit a
any provisioo or rogulation of tbis chapter or of any othu
applicable ru1Gs or regulations:
6. Any otber reasoo exists for which the pormit migbt
have been lawfully denied in the fust instance.or tbat for �
any reason tbe continued operatioos under tbe petmit will
be inimical to the public safety a general welfare of the
commuaity.
B. Such a revocation or modification of a permit shali
be made only afttr opporAmity hat bctn granted to the
permittx for a due prooess bea�ing befoie a valet parking
review comariux(whicb shall be comprised of representa-
tives from tbe sberiff s departmen4 public works depart-
meat, code enforcemeat deparmneat and city attomey's
office), aftcr ton days' written notice to said perminet.
setting forth�he nature and grounds of comptaiat against
him and stating the time and placx such hearing will be
befd.
C. Upon failure of tbe penniaee w respond to tbe
opportunity fa hearing after receiving notia of such
bearing, the permit may be revoked.or may be modified
in such pacticulars as are deemed necessary in the pubtic
interost,and any such revocation or modification shall be
effective upon notict to the permiuee in wriang. Notice
shall be sent certified mail,return rectipt iequested.Any
such order of revocation or moditiption sball also be
effcctive as to any employee or agent of the pemuuee,
which employee or agent has been notif"ied ia writing of
the substance of che order.
i Pdm Daert a9ll 2 j 2_z
\OTICE OF EXE�iPTION
7'O: ❑ Clerk of the Board of Supen-isors FROM: City of Palm Desert
or
� County Clerk
1. Projrct Title: Rcvisions to Municipal Codc Titic 10 Chaptcr 10.50 Valet
Parking Ordinance
2. Projcct Location—Identify street address and City of Palm lleseri, California
cross streets or attach a map showing project sitc
(prefcrably a IJSGS 15'or 7 I/2'topographicaf
map identified by quadrangle n�me):
3• (a) Project Location—City: Palm Dcsert.C'alifornia
(b) Pro�ect Locat�on—Counry: Ri�•crside
' 4. Description of nature,purposc,and benefic:iaries Nf�nor adn�inistrative revisions to Title 10,Chapter 10.50
uf Projecr. Valet Parking of the Palm Dcsert Vlunicipal Code
5. Vame of Public Agency approving projcct: City of Palm Dcsert
6. Vanic ol�Person or Abency canying out project: City of Palm Desett
7. fxempt status: (check one)
(�) ❑ Ministerial projcct.
(b) ❑ \bt a project. -
(�) ❑ Gmergency Project.
(d1 � Catrgorical Cxemption. I iOGI,subd(b)(3) --
State type and class number:
(c) ❑ 1)eclared Gmergency.
fn ❑ Statutory Lxemption.
State Code section numbrr:
1 e) ❑ Othcr. }:xplanation:
R. Reason why pro_ject was exempt: ��possihle significant intpact on the environment
9. Contact Person: Lauri Aylaian, Director of Community Devclopmcnt
['clephonc: (7GU)34G-0611 ext.481
10. nttach Prcliminary F.xemption nsscssment(Form"A")beforc liling.
Date Recei��ed for Piling:
Si�nature(Lead Abency Representativc)
(Clerk Stamp Here)
Title
!T[3\215g9. 1\CITY\200G FnRM ..13,.
DRA�'t
MINUTES
PALM DESERT PLAN ING COMMISSIO SEPTEMBER 4. 2007_
Chairperson Campbell gnened the public hearing and asked if anyone
wished to speak in FAVOR or OPPOSITION. There was no one.
Chairperson Campbell said she would be in favor of a continuation.
Commissioner Tschopp said he would make a motion to continue it to the
next meeting if that was sufficient time. Ms. Aylaian said she was just
discussing with the City Attorney as to whether or not they needed to
renotice the item because they noticed it for helicopter landings in residential
zones. She thought they were good with just continuing it to the next meeting
to a date certain. If it was approved or recommended by the Commission,
then when they went to the City Council they would notice it for all zones.
Commissioner Schmidt asked for clarification that the continuance would be
to the next meeting. Ms. Aylaian concurred. Commissioner Tanner asked if
verbiage regarding commercial was going to be included. Ms. Aylaian said
yes, that was staff's intent. Commissioner Tanner said he would second the
motion.
Action:
!t was moved by Commissioner Tschapp, seconded by Commissioner
Tanner, by Minute Motion,continuing Case No. ZOA 07-02 to September 18,
2007. Motion carried 4-1 (Commissioner Schmidt voted no).
IX. MISCELLANEOUS
A. Discussion of Proposed Amendment to the Valet Parking
Ordinance - ClTY OF PAlM DESERT, Applicant
Recommendation to the City Council for approval of a Notice
of Exemption and an amendment to Title 10 (Vehicies and
Traffic) of the Palm Desert Municipal Code revising Chapter
10.50 Valet Parking to change the procedu�es for issuance of
valet parking permits and to revise the penalties for failure to
comply with requirements of the ordinance.
Ms. Aylaian explained that this issue peripherally relates to land use and
zoning, so it was brought to Planning Commission. She noted that it doesn't
require a public hearing because technicaliy it isn't Title 25 Zoning, it is under
Title 10. Nonetheless, staff expected that the Council would want to hear ihe
recommendation of the Planning Commission. Ms. Aylaian indicated that the
issuance and enforcement of valet parking permits has traditionally been
performed by the Public Works Department. The ordinance itsetf was last
21
DRAI��t
MINUTES
PALM DESERT PLANNtNG COMMtSSI�N SEPTEMBER 4.�
updated in 1993, staff has run into some mechanical difficulties, and it is
cumbersome to enforce. Right now it is referring to positions, departments
and committees within the City which no longer exist and have not existed
for a while. So they wanted to clean up that language.
The other substantive change is that previously the only real action that the
City could take for a valet parking operation that was not complying with the
requirements of their permit was to hold a public hearing and either revoke
or modify the permit. Because the whole public hearing process is so
cumbersome, it was rarely used if at all. They were looking for something
that was more easily enforceable at a lower level. They frequently n�n into
problems with valets parking the vehicles on the sidewalk because it is
convenient or close, or in handicap accessible parking stalls, or other
inappropriate locations. Rather than taking them through a public hearing
process, the proposed revisions would allow citations and relatively low
levels of fines for infractions. It leaves in place the City's ability to revoke the
permit altogether for continued and persistent noncompliance, but otherwise
gives them some more manageable in-house tools for enforcing the
requirements of the permit as it is approved and issued to the applicants.
Chairperson Campbell reiterated that everything remains the same except
for the violations and monies. Ms. Aylaian said the only real difference they
would see is that violators will get citations for$100 or$200 fines for minor
infractions. They were hoping that would get them to comply on a regular
basis so they won't have to revoke the whole permit. Chairperson Campbell
asked if it would go to the City Manager or his/her designee. Ms. Aylaian
concurred. She said they would actually be doing this through the Code
Compliance Department.
Chairperson CampbeN asked about page 4 number 9 where designated
handicapped spaces cannot be used for valet parking. It was allowed in the
old ordinance. Ms. Aylaian explained that there had been a change in State
law and this new language reflects that change. State (aw now says no
parking in handicapped stalls, regardless if the valet is parking for a disabled
individual. They still couldn't park in that stall. Chairperson Campbell thought
that made sense.
Commissioner Schmidt asked who would be charged the fines. Ms. Aylaian
said they would go to the valet parking service or to the business owner.
While looking at the valet parking ordinance, Commissioner Tschopp stated
that he would make a couple of other suggestions. He thought valet parking
was truly a service and should be optional. At some eating establishments
22
DRAF'f
MINUTES
PALM DESERT PLANNING COMMISSION SEPTEMBER 4. 20Q�
in the city, although valet parking is optional, if someone wants to park their
own car, they have to go out to the north lot 40, while the valets are parking
the other cars very close to the building in more convenient spaces. To him
that made absolutely no sense, especially in a society where people are
overweight. But on page 3 of the draft, item number 3, it says, "Permittees
shall not prevent customers from utilizing those spaces which are nearest to
building entrances." His suggestion would be to strike "entrances." Let the
self-parkers park closer to the building and let the valet companies, who are
being paid a lot of money to do this, park out further. Since it is a service and
is optional, the second thing he suggested is that those who want to self-park
their cars have the right to do so without being hindered. He would like to
add something that basically says valet parking may not impede, infringe, or
discourage self parking. If they ever read the liability of one of those cards
they give you when they take your car, you have no rights. That's always
bothered him, too. And having had a problem with it, it really bothered him,
especially trying to prove it if something is wrong with your car the next day.
Ms. Aylaian said that staff could certainly get those changes added if that is
the request of the Commission.
Chairperson Campbell thought in most instances they can self-park closer
to the buiiding. Commissioner Tschopp said there are a couple of steak
places around here where you can't park close to the building because those
spaces are roped off for the valets. If you try, they won't let you. He thought
that was wrong. The self-parkers should get the closer spaces and the young
guys getting tipped, holding your car hostage, should have to walk a little
ways further to get the car. Commissioner Limont agreed.
Chairperson Campbell asked if the changes should be made and brought
back. Commissioner Tschopp said his suggestion would be to add those two
things. Ms. Aylaian said staff could do that if it is the desire of the
Commission and either bring it back or just insert those changes and take it
to the City Council. Commissioner Tanner didn't think it needed to come
back. Commissioner Limont agreed. Commissioner Schmidt asked if there
was any prevailing or legal reason it should come back to the Commission.
Mr. Hargreaves said that as long as the Commission is clear in its motion as
to what it is sending on to the City Council, it didn't need to be brought back.
Action:
It was moved by Commissioner Tschopp, seconded by Commissioner
Limont, by Minute Motion, recommending to City Council approval of a
Notice of Exemption and an amendment to Title 10, Chapter 10.50 Valet
Parking as amended to delete the word "entrances" on page 3, section
23
DRAF't
MINUTES
PALM DESERT PLANNING COMMISSION SEPTEMBER 4. 20Q7
10.50.030 B.3., and include language that valet parking may not impede,
infringe or discourage self parking. The motion carried 5-0.
X. COMMITTEE MEETING UPDATES
A. ART IN PUBLIC PLACES
No meeting.
B. LANDSCAPE BEAUTIFICATION
Commissioner Limont reported that the next meeting would be
September 19.
C. PROJECT AREA 4 COMMITTEE
Commissioner Limont reported that the next meeting would be on
September 17.
D. PARKS � RECREATION
Commissioner Tanner reported on the sad news of the passing away
of David Garcia and on issues relating to the last Parks & Recreation
Commission meeting.
XI. COMMENTS
1. Commissioner Tanner said he received mail from the District Attomey
regarding the Brown Act. With the assistance of County Counsel, they
are offering four voluntary training classes. He asked if they needed
to attend. Ms. Aylaian said there was annual training offered by
BB&K, or one of their representatives, and there is mandatory
training. This is additional training that is provided for anybody that
might want it. Staff will let the Commission know when it is mandatory.
Chairperson Campbell noted that BB&K did it about a yea�ago. Mr.
Hargreaves concurred. Commissioner Tanner reiterated that they
don't have to attend this. Ms. Aylaian said that was correct. Mr.
Hargreaves said that they and the staff take the B�own Act very
seriously and make sure in this chamber that the Brown Act is
complied with.The only thing this Commission needs to be concerned
24
CITY 0 � Pfllf� DESERI
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CITY OF PALM DESERT
LEGAL NOTICE
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City
Council to consider approval of a Notice of Exemption and an amendment to Title 10
(Vehicles and Traffic) of the Palm Desert Municipal Code revising Chapter 10.50 Valet
Parking to change the procedures for issuance of valet parki�g permits and to revise the
penalties for failure to comply with requirements of the ordinance.
SAID public hearing will be held on Thursday, September 27, 2007, at 4:00 p.m. in the
Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert,
Ca{ifornia, at which time and place all interested persons are invited to attend and be heard.
Written comments concerning all items covered by this public hearing notice shall be
accepted up to the date of the hearing. Information concerning the proposed project and/or
negative declaration is available for review in the Department of Community Development
at the above address beiween the hours of 8:00 a.m. and 5:00 p.m. Monday through
Friday. If you challenge the proposed actions in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in
written correspondence delivered to the City Council at, or prior to, the public hearing.
PUBLISH: Desert Sun RACHELLE D. KLASSEN, City Clerk
September 16, 2007 City of Palm Desert, California
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