Palm Desert Municipal Code Ch. 3.40 Parking and Business Improvement Area

The city council has heretofore ordered the formation of the parking and business improvement area pursuant to the California Streets and Highways Code. Said business improvement area is currently governed by Chapter 4, Part 6, Section 36500 et seq. of the California Streets and Highways Code known as the Parking and Business Improvement Area Law of 1989. Said boundaries of the Parking and Business Improvement Area are described as all business establishments occupying premises on El Paseo located east of Highway 74 and west of Portola and including business establishments with addresses on adjoining streets which are located 180 feet south of El Paseo and 154 feet north of El Paseo. Said business establishments are determined to benefit from the general promotion of business activities within the parking and business improvement area.

(Ord. 392 § 1, 1984; Ord. 727 § 1, 1993; Ord. 971 § 1, 2000)

The council finds that all the business lying within the business improvement area will be benefited by the expenditures of the funds raised by the assessments or charges proposed to be levied.

(Ord. 392 § 6, 1984)

The city council establishes a parking and business improvement area.

(Ord. 392 § 4, 1984)

The business in the area established by this chapter shall be subject to any amendments to the provisions set out in Section 3.40.010.

(Ord. 392 § 2, 1984)

The proposed charges, specified below, shall be levied on each business in the area established by this chapter and shall be based on the same amounts such business pays for the city business license. The charges shall be collected in the same manner as city business license fees and shall be payable at the same time. Charges to businesses not licensed by the city shall be due and payable on January 1st of each year.

Category I. Pays one times the business license fee:

Accountants

Agencies - not insurance

Attorneys at law

Auditors

Brokers - other than real estate

Consultants

Dental professions

Electrical

Escrow companies

Finance and loan

Fine arts/music school

General business offices

General contractors

Investment counselors

Landscape design or architect

Lithographers

Maintenance

Medical professions

Optical professions

Personnel agencies

Property management

Schools - trade/private

Security patrol

Surveyors

Title companies

Similar businesses

Other.

Category II. Pays two times the business license fee:

Alterations/tailoring

Animal care

Barber/beauty/manicure shops

Building supplies

Distributors

Dry cleaners

Fitness centers

General merchandise/mail order

Interior decorating/designers

Laundry/dry cleaners

Limited specialty

Photographers

Printing/duplicating/publishing

Travel agencies

Similar businesses

Other.

Independent Contractors:

Barbers

Beauticians

Hair Stylist

Manicurist

Others not listed.

Category III. Pays three times the business license fee:

Antiques

Art galleries

Clothing - all

Confectionary - candies/nuts

Eating and drinking places

General merchandise/mail order

Gift shops

Home furnishings

Jewelry stores

Music stores

Operators of nonresidential buildings

Photographic supplies

Shoe stores

Specialty shops

Sporting goods

Stationery stores/bookstores

Similar businesses

Other.

Category IV. Pays one thousand dollars annually.

Banks.

(Ord. 392 § 3, 1984; Ord. 527, 1988; Ord. 727 § 2, 1993)

The proceeds from all charges established by this chapter and collected from the businesses in the area should be used for the general promotion of business activities within the area and other activities provided within the Parking and Business Improvement Area Law of 1989.

(Ord. 392 § 5, 1984; Ord. 971 § 2, 2000)

A. Established. There is established an El Paseo business improvement area advisory board ("board"). The provisions set forth in Chapter 2.34 of this code shall apply to this board, except as otherwise required by state law. If there is any conflict between the provisions of this chapter and those in Chapter 2.34 of this code, the provisions of this chapter will control.

B. Purpose. The purpose and objectives of the El Paseo parking and business improvement area is to represent the interests of its members on El Paseo. These interests include, but are not limited to, advertising promotion, street beautification, parking, tourism and other activities promoting business in the area.

The El Paseo parking and business improvement area was established to promote El Paseo as a world class, pedestrian friendly, upscale consumer oriented destination, offering quality and unique retail and service businesses.

C. Members. The board shall consist of seven members appointed by the city council. The terms of office of said members of the advisory board shall be for three year terms. Board terms shall be staggered so that approximately one-third of the terms expire each year and said term shall begin January 1st of each year. Appointments to the board shall be limited to all businesses (on a business license basis) with an address between 73-040 through 73-999 El Paseo and adjoining streets located one hundred eighty feet south of El Paseo and one hundred fifty four feet north of El Paseo as defined in Section 3.40.010 of this code.

Members of the board must be a proprietor, partner, or corporate officer of a member business, excepting that members may be a person holding an executive management position of a member entity if such member entity's headquarters are not located in the city of Palm Desert. No more than one individual from a business paying a single assessment may serve at the same time as a member of the board.

D. Appointments. The city clerk shall forward all applications to the membership committee of the Board. The membership committee shall interview each applicant and report their findings to the board. The board shall vote on each applicant and by majority vote may recommend such person(s) to the city council to fill the vacant seat.

E. Meetings. The board may meet monthly on a date, time, and place as set by Board resolution or minute order. The regular meeting in May shall be designated as the budget planning and annual meeting of the board.

F. Removal. Any member who ceases to be a proprietor, partner, or corporate officer or a member business or any member who ceases to be in an executive management position in the case of a member entity whose headquarters are not located in the city of Palm Desert, shall automatically be removed as a member.

G. Committees. Committees shall not have the authority of the board in the management of the association. The members of a committee shall be members of the association and the board shall appoint the members thereof. One member of each committee shall be elected chairperson by the members of the committee. Any members thereof may be removed by the board whenever, in their judgment, the best interests of the association shall be served. A member of the board shall be an advisory member of all committees. Each member of a committee shall continue as such time as their successor is appointed, unless the committee is terminated sooner, or unless such member is removed from such committee, or unless such member shall cease to qualify as a member thereof.

(Ord. 1390 § 13, 2023)

The city council may, pursuant to this Chapter 3.40 and the Parking and Business Improvement Area Law of 1989 change the categories of business charged or the amount of charges therefrom as long as it is done in accordance with the requirements of the Parking and Business Improvement Area Law of 1989.

(Ord. 392 § 8, 1984; Ord. 971 § 4, 2000)