HomeMy WebLinkAboutOrd 1143 Issuance of Valet Parking Permits 2007-09-27REQUEST:
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
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.
SUBMITTED BY: Lauri Aylaian
Director of Community Develop ent
APPLICANT: City of Palm Desert P:, -I,a DATF 2 Q
DATE: September 27, 2007 Li CY-ariNijED O
r'ASSLJ TO 2ND READING / — // 0 /
CONTENTS: Draft Ordinance No. 1143
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 Tots. The ordinance has not
been revised in a number of years and currently has references to obsolete
Staff Report
Valet Parking Ordinance Revision
Page2of2
September 27, 2007
departments and positions within the City, and to the Technical 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that will clarify the outdated references and ambiguities.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 for 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 byj
LAURI AYLAIAN
Director of Community Development
Approy9V
HOMER CROY
ACM, Development Services
(I Plunnmg`daut A)laian,Staf Rcpo1sWakt Patkmg 9-27-07 of
Approval:
CARLOS L. OR GA
City Manager
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 FAfLURE TO COMPLY WITH REQUIREMENTS
OF THE ORDINANCE.
W HEREAS,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 objecfives 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 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/her designee. There shall be submitted such information as is deemed necessary in order to
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 shali 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. 1�43
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 shail
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 intertered 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. 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 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
Cfiapter 10.50 term of their original issuance, but in no event shall any
such permit remain in effect longer than one year from its
VALET PARKING d�te of issuance.
B. Valet parking contractors who apply for permits
Sections: pursuant to this chapter shall include with their application
10.50.005 Definitions. materials a signed letter of consent from the land owner or
10.50.010 Permit required. occupier whose guests or patrons will be serviced by the
10.50.015 Application for permit. valrt parking contractor.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 shall, at a minimum, contain a promise by the
10.50.030 Permits--Issuance with conditions. land owner or occupier to share legal respunsibility with
10.50.035 Revocation or modifcation of the permittee for the permittee's compliance with this chap-
permits. ter. (Ord. 705 § 1 (part), 1993)
10.50.040 Violations.
10.50.045 Appeals. 10.50.015 Application for permit.
An application for a permit 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,ceRain words and phrases ignee. There shall be submitted such information as the
shall be construed as set foRh 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- ate and act upon the permit application. Each application
tended. shall include,in general,at least the following basic infor-
"Permittee"means any person or other legal entity hold- mation in writing:an oulline of the method of operating the
ing a valid valet parking permit issued by the City pursuant vehicle parking service including, but not limited to, the
to this chapter. hours of operation,the location(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 parking permit issued for a cluding worker's compensation insurance) and current
one-time special event or purpose.Valet parking activity of business license. (Ord. 705 § 1 (part), 1993)
more than one day's duration or occurring 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 public works Each applicant for a standard permit under this chapter
or the technical traffic committee deems otherwise. shall pay an application fee in the amount of fitty 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. Permittees 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- twenry-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 contractor" is a person or other legal
entity who contracts with an owner or occupier of land 10.50.025 Permits—Issuance and denial.
located within the city to provide valet parking services to Permits as applied for shall be issued by the director of
the customers or guests of said owner or occupier of land. public works, or his or her designee, based upon review
(Ord. 705 � l (part), 1993) and approval by the technical traffic committee,provided it
appears that all requirements of this chapter and of other
10.50.010 Permit required. applicable ordinances and laws have been,and will appro-
A. No person or legal entity shall engage in valet park- priately be,met fully by the applicant,and that such permit
inb within the city without a valid valet parking permit can be issued subject to prescribed conditions adequate to
issued by the city in the manner provided by this chapter. assure that there will be no undue interference with normal
Permits issued prior to the adoption of the ordinance codi- traffic t7ow on public rights-uf-way,and otherwise to pro-
tied in this chapter shall remain in force and effect for the tect the public safety and other persons' property
iP.ilm I)c,rn tiupp.Vo.7.;'.U�� ���
10.50.025
`. rights and their rights w coequal use and enjoyment of paricing spaces assigned to self-parking are full, then the
, public property. Any permit applicadon may be denied permittee shall allow self-parkers to use designated valet
if the direct,a of public wor�Cs c�ncludes it cannot be issued spaces.
subject ta such safeguards.Tempcx-ary vafet patking permi�s 8. Valet parking operations shall not interfere with
may be issued ptior to a riegularly scfieduJed technical traffic the traffic flow and general pubGc access along,in or out
commictee meeting. (Ord ?OS § 1 (part), 1993} of dedicated rights-of-way and private driveways.
9. Designaced handicapped spaces cannot be used for
lOS0.030 Permits—Issuance with conditions. valet parking,except when padcing a handicapped person's
A. 'Ibe issuance of any permit pursuant w this chapter vehicle.
shall, if appropriatc, have conditions aztached thereto, 10. Valet parking operations s6all not be conducte�
reasonable and adequate to protect the public health,safety whic6 would interfere with fire department access and
and welfare. The technical traffic committee s6a11 have specific requirements.
discreaonary authority to prescribe any such necessary or 11. AppGcant s6all oomply with all appGcable city code
appropriate conditions. deledons or changes in per►nics provisions and reguladons of che ciry and state,including
approved. but not limited to those pert�vning to traffic, noise and
B. All permits s6all contain the following minimum nuisances.
conditions: 12. No sign shall be installed on public rights-of-way
l. All valet parking activity in the city must be con- for ttx purpose of valet parking circulation except with
ducted pursuant to an approved valet parking plan, in the approval of the technical traffic comutiuee. Visible
accordance with Secdon 25.58312,w6ich includes pcnvi- signs.of equal size to valet parking signs,with d'uectional
. sions for insurance for the patrons to the satisfacdon of azrows sball be placed at appropriate locations to direct
the city attomey. potcntial patrons to the designated self-parking areas. As
2. Regulations nnposed by the Alcoholic Beverage a part of the permit application, the permittee shall agree
Control should be incorporated with valet parking permit to place approved signs to inform motorists/patrons of t6e
applications. availability of valet as well as seff-parlcing spaces. 'The
3. Permiuees shall allow self-parking customers to sign specifications shall meet standards to the approval
park their cars in convenient spaces. Permittees s6all not of the city public works director or his or her designee.
prevent customecs from utilizing those spaces which are Such signs shall not be plaoed along the public right-of-way,
nearest to building en�es.If feasible under the circum- or any other location, which might expose the public to
stances, the technical traffic committee s6a11 allow potential safety problems.
permittees to designate in the'v valet parking plan a reason- 13. Any change in the use,ownership, business or valet
ably sized anea of a parking lot for the exclusive use of parking permittee shall require reassessment and approval
valet parking.Such exclusive azeas shall be a reasonable of a new permit by the city.
distance from building entrances, but shall in no event 14. The city may change,add or delete certain co�di-
encompass the spaces closest to building entrances. tions,including those specit'ied above,to reflect new poGcies
4. All valet parking appficaaons shall be reviewed and requirements.
individually by the public works staff for approval by the 15. Permittee proposals for shared parking facilities
city's technical traffic commictee. requires a letter of agreemendapproval t'rom other land
5. Permits issued to the requesting valet parking owners or occupiers sharing the same parking facility.
permittee may be reviewed periodically for adjustment and 16. Permittee employees shall wear clothing that indi-
overall evaluaaon, based upon field observaaon by the cates,at a minimum,the permi[tee's name, logo or similar
city staff, approved identificauon.
6. Use of public rights-of-way by ehe valet parking 17. Specific cirop-uff lanes or established Fire lanes
permittee for drop-off or pick-up purposes or storage is cannot be used for valet parking.
not per�utted unless special circvuutances,i.e.,unavailabili- 18. Roudne inspections and field observations will be
ty of adequate paricing, is documented and approved by conducted by public works ancl/or code enforcement staff
the city. to insure compliance with the regulations set forth[o apply
7. Valet parking operations for a given land owner to valet p:uicing permittees.Violaaons found will be record-
or occupier shall be limited to no more than one-half the ed for reevaluation vid possible revocation of the permit.
total designated capacity of the lot. If the parking spaces 19. All valet parking permits shall be reviewed on an
assigned exctusively for valet use are full,then the pemuttee annual basis.
may park cars in the self-parking areas. Likewise, if the
���-� �Palm Desert 8•�)?1
10.50.030
20. Gratuides may always be accepted. tOrd. 705 D. Any such revocation a modification of any pemut
§ 1 (pazt), 1993) may be in addition to any penalties otherwise provided
� for by law. (Ord. 705 § 1 (part), 1993)
10.50.035 Revocation or modi[kation o[
permlts. 10.50.040 Violations.
A. Any permit granted pursuant to the provisions of Violations of this chaQter may be cited and prosecute�
this�chapter may, after tb� permittx has been afforded as either a misdemeanor or an infraction. in the ciry's
the opportunity of a due proc�ss hearing as stated in this discretion.The ciry may also bring a civil acdon w enfonce
section�be revoked or modified by the director of public this chapter. Both the permiuse and the consendng land
works for any of the following grounds or reasons: owner or occupier on whose property the valet parring
1. Any acts done unda the permit have interfe�+ed with acdvity oocu�s shall be muwally tesponsibk for c�mpliazice
the nocmal flow of vetucular or pedestrian ttaffic on aay by tbe pecn►ittse and permiaee's employees or agents with
public right-of-way; the provisions of this chapter.(Ord 705§ 1 (paR), 1993)
2. 'Ibe permiuee or permiaee's employoes have failed
to comply with a provision of the city code,i�cluding but lOS0.045 Appeals.
not limited bo those provisions pertaining to signage,tiaffiG Any person aggrieved by any action of the director of
noise, and auisanas; public works,his or ber designx,the valet parring review
3. The permittte has failed to maintain a curtent coa�mittx.or the technical traffic committoe in�sta-
business license as required in Title 5 of this oode: ing the provisioas of this chapter,other than actions result-
4. 'Ibere was given any faLse or ficatious infa�mation ing in a court filing, may appeal to the city council by
in oonnection with the application for and obtaining of the completiag the appropriate.appeal form and submitting
permit; the form to the city clerk's office fa scheduling at a city
5. 'ILere has ban a significant violation of or a failure council meeting. (Ond. 705 § 1 (part), 1993)
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 fust instance,or that for
any reason the continued operatioos under the permit will
be inimical w the public safety a general welfare of the
community.
B. Such a revocaUion or modification of a peru►it shall
be made only after opportunity has been granted to the
permittee for a due process hearing before a valet parlcing
review commiaee(which shall be comprised of representa-
tives from the sheriff s deparoment,public works depart-
ment, code enforcement depardment and city attorney's
office), after ten days' written notice to said permittee,
setting forth the nature and grounds of complaint against
him and stadng the time and place such hearing will be
held.
C. Upon failure of the permiaee to respond to the
opportunity for hearing after receiving notice of such
hearing, the permit may be revoked, or may be mod�ed
in suc6 particulars as are deemed necessary in the public
interest,and any such revocation or modification s6all be
effective upon notice to the permiuee in wridng. Notice
shall be sent cetified mail.return receipt requesieci.Any
such order of revocation or mod�cation sball also be
effecdve as to any employee or agent of the permittee,
which employee or agent has been notif"ied in writing of
the substance of the order.
lPalm Desert 5-931 212-Z
\OTICE OF EXEVIPTION
'I'O: ❑ Clerk of the Board of Supervisors FROM: City of Palm Desert
or
� County Clerk
1. Project Title: Revisions to Municipal Code Title 10 Chapter 10.50 Valet
Parking Ordinance
2. Project Location—Identify street address and City of Palm Desert, California
cross streets or attach a map showing project site
(preferably a iJSGS 1S or 7 1/2' topographical
map identified by quadrangle name):
3. (a) Project Location—City: Palm Ucsert,California
(b) Project Location—County: Ri��crside
4. Description of nature,purpose, and beneficiaries Minor administrative revisions to Title 10, Chapter 10.50
of Project: Valet Parking of the Palm Dcsert Vlunicipal Code
5. \�ame of Public Agency approving project: City of Palm Desert
6. Vamc oi�I'erson or Agency carrying out project: City of Palm Desert
7. [:xempt status: (check one)
(a) ❑ Ministerial projcct.
(b) ❑ \bt a project.
(c) ❑ Gmergency I'roject.
(d) � Cate�orical Gxemption. I�OGI, subd(b)(3)
State type and class number:
(e) ❑ I)eclared�mergency.
(� ❑ Statutory�xemption.
State Code section number:
(�) ❑ Othcr. F.xplanation:
8. Reason why project was exempt: tio possible si�nificant impact on the em�ironment
9. Contact I'erson: Lauri Aylaian, Director oCCommunity Development
'I'clephonc: (7G0)346-0611 ext. 481
10. Attach Prcliminary F.xemption nsscssment(Form"A")before filin;�.
Date Received for I'iling:
Signature(Lead Agency Representative)
(Cle►-k Siainp Here)
Title
JTI3\21589. 1\CITY\2006 FORM "i.3"
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PALM DESERT PLANNING COMMISSION _ __ _ SEPTEMBER 4, 2007
Chairperson Campbell o ene 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. Ayfaian 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:
It was moved by Commissioner Tschopp, 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 - CITY OF PALM DESERT, Applicant
Recommendation to the City Council for 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 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 technically it isn't Title 25 Zoning, it is under
Title 10. Nonetheless, staff expected that the Council would want to hear the
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 itself was last
21
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PALM DESERT PLANNING COMMISSION SEPTEMBER 4._20d7
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 �eal 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 run 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 focations. 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 Campbell 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 law 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
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PALM DESERT PLANNING COMMISSION_ _ _ SEPTEMBER 4, 2007
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 building. 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 finro
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 fong 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
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PALM DESERT PLANNING COMMISSION SEPTEMBER 4� 2007
10.50.030 8.3., 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 Attorney
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 year 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 Brown 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 � Pfll �l D � SER1
73-5�o FriF:u W,�ki�c I�iziv�
i Pni.�s l��sr.ar, Cni.ir•oxhin 9zz6o—z578
TEL: 76o 346—o6�t
j ��.�X: �6� 3q�-7o98
infoCwpalm-drscrt.org
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 parking 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 atl 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 between 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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