HomeMy WebLinkAbout2001ORDINANCE NO. 2001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADDING SECTION
11.44.100 TO THE PALM SPRINGS MUNICIPAL CODE,
PROHIBITING DOGS ON RECREATIONAL TRAILS WITHIN
THE SANTA ROSA AND SAN JACINTO MOUNTAINS AREA
City Attorney's Summary
This ordinance adds Section 11.44.100 to the Palm Springs
Municipal Code prohibiting dogs on all recreational trails within
the Santa Rosa and San Jacinto Mountains area, as necessary
to comply with environmental mitigation measures providing for
the protection of Peninsular bighorn sheep identified in the
Coachella Valley Multiple Species Habitat Conservation Plan
(CVMSHCP).
WHEREAS, the Coachella Valley Association of Governments (CVAG) in
partnership with the Coachella Valley Mountains Conservancy (CVMC), and on behalf of
cities within the Coachella Valley and Riverside County, prepared the Coachella Valley
Multiple Species Habitat Conservation Plan (CVMSHCP) to designate conservation of
over 240,000 acres of open space to protect 27 different threatened and endangered
species, as a means of providing a regional vision for balanced growth to meet the
requirements of federal and state endangered species laws and to help expedite
transportation improvement projects, while promoting enhanced opportunities for
recreation, tourism, and job growth; and
WHEREAS, the CVMSHCP was considered a "Project" requiring environmental
review pursuant to both the California Environmental Quality Act (CEQA) and the National
Environmental Policy Act (NEPA); and
WHEREAS, CVAG, serving as the lead agency for the CVMSHCP pursuant to
CEQA, released a Recirculated Draft Environmental Impact Report (the "EIR") for public
review and comment on March 26, 2007, ending on May 9, 2007, and
WHEREAS, the U.S. Fish and Wildlife Service (USFWS) serving as the lead
agency pursuant to NEPA, released a Supplemental Final Environmental Impact
Statement (the "EIS") for public review and comment on March 30, 2007, ending on May
29, 2007; and
WHEREAS, the City of Palm Springs (City) pursuant to CEQA Guidelines is a
responsible agency for the CVMSHCP; and
WHEREAS, on September 10, 2007, CVAG approved the CVMSHCP through
adoption of its Resolution 07-009, in which CVAG certified the Final EIR and Final EIS;
and
Ordinance No. 2001
Page 2
WHEREAS, on September 10, 2007, the Coachella Valley Conservation
Commission (CVCC), as the implementing agency for the CVMSHCP, approved the
CVMSHCP, and established policies and procedures and requirements for implementing
the CVMSHCP; and
WHEREAS, on October 3, 2007, the City Council adopted Resolution No. 22051,
making certain legal findings pursuant to CEQA for, and approved, the CVMSHCP; and
WHEREAS, the CVMSHCP evaluated environmental impacts to various
threatened and/or endangered species, including the Peninsular bighorn sheep; and
WHEREAS, Section 9.8.4.2 of the CVMSHCP considered harassment of
Peninsular bighorn sheep by dogs as an impact to be mitigated in the protection of the
species; and
WHEREAS, Section 7.3.3.2.1 of the CVMSHCP incorporated a Trails
Management Program with one goal of use of recreational trails on Peninsular bighorn
sheep; and
WHEREAS, Section 7.3.3.2.2 of the CVMSHCP established certain restrictions on
the use of recreational trails on non-federal lands, including a prohibition on allowing dogs
on recreational trails except in designated areas; and
WHEREAS, it is necessary to implement these restrictions in furtherance of the
CVMSHCP through adoption of a municipal code restricting dogs on hiking trails except
in allowable dog use areas allowed by the CVMSHCP.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
DOES ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and
are incorporated herein by this reference as material findings in support of this Ordinance.
SECTION 2. Code Amendment. Section 11.44.100 of the Palm Springs Municipal
Code related to Parks and Recreation Areas is hereby added to read as follows:
" 11.44.100. Dogs prohibited within the Santa Rosa and San Jacinto
Mountains area.
Within the Santa Rosa and San Jacinto Mountains area, dogs are
prohibited on all recreational trails and allowed in designated areas only, as
required to comply with provisions of the Coachella Valley Multiple Species
Habitat Conservation Plan (CVMSHCP) related to protection of Peninsular
bighorn sheep This prohibition does not apply to persons requiring
accompaniment by a service animal under the Americans with Disabilities
Act (e.g. seeing -eye dog) and those using dogs to facilitate search and
Ordinance No. 2001
Page 3
rescue or law enforcement operations. "
SECTION 3. Certification. The Mayor shall sign, and the City Clerk shall certify to
the passage and adoption of this Ordinance and shall cause the same, or the summary
thereof, to be published and posted pursuant to the provisions of applicable law; this
Ordinance shall take effect thirty (30) days after passage.
PASSED, APPROVED AND ADOPTED B PALM SPRINGS CITY
COUNCIL THIS 23RD DAY OF OCTOBER, 20 .
ROBERT MOON
MAYOR
ATTEST:
ANTHONY4.MEJIA,
CITY CLER
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF PALM SPRINGS)
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, do hereby certify
that Ordinance No. 2001 is a full, true, and correct copy, and was introduced by the City
Council at a regular meeting held on the 18t" day of September, 2019, and adopted at a
regular meeting of the City Council held on the 23,d day of October, 2019, by the following
vote:
AYES: Councilmembers Holstege, Middleton, Roberts, Mayor Pro Tern Kors, and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this 3;s0" day of , 2019.
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HONY J ME C
CITY CLER