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HomeMy WebLinkAboutOrd 1179 and 1178 Related to Noise Control 12-11-2008'ETIni DATE_, r 11 • 6� REQUEST: CITY OF PALM DES R ✓ 'ft 2N :fir:A AN'_�./ g DEPARTMENT OF COMMUNITY D`_"�•�" �.� ...,_ STAFF REPORT Approve first reading of Ordinance No. 1179. reinstating 9.24.065 related to commercial lot sweeping and approve Urgency Ordinance No. 1i7 8 related to same. SUBMITTED BY: Hart Ponder Code Compliance Manager DATE: December 11, 2008 CONTENTS: Ordinance No.117 9 Amending Chapter 9.24 Commercial Lot Sweeping Urgency Ordinance No.117 8 Amending Chapter 9.24 Noise Control Ordinance Reinstates Commercial Lot Sweeping. Recommendation: Waive further reading and: 1) Adopt Urgency Ordinance No.1178 , amending Chapter 9.24 reinstating commercial lot sweeping and 2) pass Ordinance No.1179, reinstating commercial lot sweeping. Background: While modifying Ordinance 1170 related to Noise Disturbances, Section 9.24.065 related to commercial lot sweeping was inadvertently left out. This section has proven indispensable to Code Compliance to assure commercial lot sweeping is not conducted between the hours of ten p.m. to seven a.m. The City Attorney concurs with this revision to the newly enacted • ise or• i ce. S Hart Ponder Code Compliance Manager Homer Croy ACM for Develo Carlos L. Ortega City Manager CITY COUNCIL ,TIOly Developme�r t- APPROVED ✓ DENIED © HER /-IdOO /7 ent Services RECEIVED kir 7 M_. AV 2. G 7 YES NOES fBS ENT 1DATE ! ABsT ,IN: L LD7-)� VERIFIED BY: feu C Original on File with tY Clerk's Office 09 ORDINANCE NO. 1179 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REINSTITUTING SECTION 9.24.065 PARKING LOT SWEEPERS TO CHAPTER 9.24 NOISE CONTROL The City Council of the City of Palm Desert, California does hereby ordain as follows: SECTION 1. Section 9.24.065 be and the same is hereby reinstituted to read as follows: 9.24.065 Parking lot sweepers. No person shall operate, or permit to be operated, a parking lot sweeper between the hours of ten p.m. to seven a.m. in or adjacent to any residential zone. Emergency work and/or unusual conditions may cause parking lot cleaning to be permitted with the consent of the city manager." SECTION 2. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT This ordinance complies with the "City of Palm Desert Procedure for Implementation of California Environmental Quality Act, Resolution No. 02-60", in that pursuant to Section 3.07, the ordinance is exempt because there is no possibility that the adoption of the ordinance will have any significant negative effect on the environment. SECTION 3. PUBLICATION The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. Ordinance No. 1179 PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this day of , 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JEAN M. BENSON, Mayor ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California 2 ORDINANCE NO. 1178 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REINSTITUTING SECTION 9.24.065 PARKING LOT SWEEPERS TO CHAPTER 9.24 NOISE CONTROL WHEREAS, the City of Palm Desert is authorized to implement amendments to its current ordinances; and WHEREAS, Government Code Section 36937(b) authorizes the City Council to adopt urgency ordinances that are effective immediately, when necessary, for the immediate preservation of public peace, health and safety; and WHEREAS, Government Code Section 36937(b) requires that urgency ordinances be passed by four -fifths vote of the City Council; and WHEREAS, all the legal prerequisites relating to the adoption of this Urgency Ordinance have occurred; NOW THEREFORE, the City Council of the City of Palm Desert, California does hereby ordain as follows: SECTION 1. The City Council hereby incorporates by reference the recitals of this Urgency Ordinance and finds that the adoption of this Urgency Ordinance reinstituting Section 9.24.065 (Parking lot sweepers) is immediately necessary to reinstate this section, which was inadvertedley omitted from the current Noise Control ordinance in order to promote the immediate preservation of the public peace, health, and safety because inadequately controlled noise presents a growing danger to the immediate health and welfare of the City of Palm Desert. SECTION 2. Section 9.24.065 be and the same is hereby reinstituted to read as follows: 9.24.065 Parking lot sweepers. No person shall operate, or permit to be operated, a parking lot sweeper between the hours of ten p.m. to seven a.m. in or adjacent to any residential zone. Emergency work and/or unusual conditions may cause parking lot cleaning to be permitted with the consent of the city manager." SECTION 3. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT This ordinance complies with the "City of Palm Desert Procedure for Implementation of California Environmental Quality Act, Resolution No. 02-60", in that pursuant to Section 3.07, the ordinance is exempt because there is no possibility that the adoption of the ordinance will have any significant negative effect on the environment. Ordinance No. 1178 SECTION 4. SEVERABILITY If any provision of this Urgency Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Urgency Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Urgency Ordinance are severable. The City Council hereby declares that it would have adopted this Urgency Ordinance irrespective of the invalidity of any particular portion thereof. SECTION 5. ADOPTION This Urgency Ordinance, as adopted by the necessary four -fifths (4/5) vote of the members of this City Council, pursuant to Government Code Sections 36934 and 36937 shall take effect immediately upon its adoption. SECTION 6. PUBLICATION The City Clerk of the City of Palm Desert, California, is hereby directed to publish this Urgency Ordinance once within fifteen (15) days of adoption in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall post a certified copy of this Urgency Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with Government Code § 36933. 2 Ordinance No. tips PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this day of , 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JEAN M. BENSON, Mayor ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California APPROVED AS TO FORM: Best Best & Krieger LLP, City Attorney City of Palm Desert, California 3