HomeMy WebLinkAbout5/7/2014 - STAFF REPORTS - 2.C. 00% * City Cou
ncil Staff Report
DATE: May 7, 2014 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1851
RELATING TO HOURS OF OPERATION OF REGULAR MOWING OR
GROOMING OF GOLF COURSES, GRASS TENNIS COURTS, GRASS
CROQUET COURTS, AND LAWN BOWLING AREAS
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance No. 1851.
RECOMMENDATION:
Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1851,
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
SECTION 11.74.041 OF, AND REPEALING EXCEPTION (5) OF SECTION 8.04.220
OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO HOURS OF
OPERATION OF REGULAR MOWING OR GROOMING OF GOLF COURSES, GRASS
TENNIS COURTS, GRASS CROQUET COURTS, AND LAWN BOWLING AREAS."
STAFF ANALYSIS:
On April 16, 2014, Ordinance No. 1851 was introduced for first reading, as noted below:
3.A. PROPOSED ORDINANCE AMENDING SECTION 11.74.041 OF, AND
REPEALING EXCEPTION (5) OF SECTION 8.04.220 OF, THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO HOURS OF OPERATION
OF REGULAR MOWING OR GROOMING OF GOLF COURSES, GRASS
TENNIS COURTS, GRASS CROQUET COURTS, AND LAWN
BOWLING AREAS:
ACTION: Waive the reading of the ordinance text in its entirety and read
by title only and introduce Ordinance No. 1851, "AN ORDINANCE OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION
11.74.041 OF, AND REPEALING EXCEPTION (5) OF SECTION 8.04.220
OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO HOURS
OF OPERATION OF REGULAR MOWING OR GROOMING OF GOLF
COURSES, GRASS TENNIS COURTS, GRASS CROQUET COURTS,
Item No. 2 . C .
ADOPTION OF ORDINANCE NO. 1851
May 7, 2014
Page 2 of 2
AND LAWN BOWLING AREAS," amending Section 11.74.041(4) to read
"Non-emergency exterior hardscape and landscape activities,
including . . . "
Motion Councilmember Foat, seconded by Mayor Pro Tern Hutcheson and
unanimously carried on a roll call vote.
This report provides for the City Council to waive further reading and adopt the
ordinance. The ordinance shall be effective 30-days from adoption.
mes Thompson David H. Ready, Es . .
City Clerk City Manager
lkdh
Attachment: Ordinance No. 1851
02
ORDINANCE NO. 1851
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTION 11.74.041 OF, AND
REPEALING EXCEPTION (5) OF SECTION 8.04.220 OF,
THE PALM SPRINGS MUNICIPAL CODE, RELATING TO
HOURS OF OPERATION OF REGULAR MOWING OR
GROOMING OF GOLF COURSES, GRASS TENNIS
COURTS, GRASS CROQUET COURTS, AND LAWN
BOWLING AREAS.
City Attorney's Summary
The City's Noise Ordinance currently prohibits certain activities between
the hours of 8:00 p.m. and 8.00 am in residential zones and between 8:00
pm and 7:00 am for all other zones, subject to certain exceptions. This
Ordinance prohibits regular mowing or grooming of golf courses, grass
tennis courts, grass croquet courts, and lawn bowling areas between the
hours 8:00 p.m. and 5:30 a.m.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS HEREBY ORDAINS:
SECTION 1. Exception (5) of Section 8.04.220 of the Palm Springs Municipal
Code is repealed.
SECTION 2. Section 11.74.041 of the Palm Springs Municipal Code is amended
to read:
11.74.041 Controlled Hours of Operation.
(a) It shall be unlawful for any person to operate, permit, use or cause to operate,
any of the following between the hours of eight p.m. to eight a.m. in residential zones
and between the hours of eight p.m. to seven a.m. in all other zones:
(1) Powered model vehicles;
(2) Loading and unloading vehicles such as trash collectors, fork lifts, or
cranes within one thousand feet of a residence;
(3) Domestic power tools;
(4) Non-emergency exterior hardscape and landscape activities, including
without limitation tree trimming, re-seeding, lawn mowing, leaf blowing, dust and debris
clearing, and any other landscaping or nonemergency exterior hardscape maintenance
activities which would utilize any motorized say, sander, drill, grinder, leaf-blower, lawn
mower, hedge trimmer, edger, or any other similar tool or device.
(b) Notwithstanding the foregoing, this Section shall not prohibit the operation or use
of any such equipment at any time within said zones by the city, its officers or
employees, or any agent or franchisee of the city.
03
Ordinance No. 1851
Page 2
(c) The regular mowing or grooming of golf courses, grass tennis courts, grass
croquet courts, and lawn bowling areas shall be exempt from the restrictions set forth in
this Section. The allowed work hours for mowing or green preparation for golf courses,
grass tennis courts, grass croquet courts, and lawn bowling areas shall be between five-
thirty a.m. and eight p.m., seven days per week and during all seasons of the year.
SECTION 3. The City Council finds and determines that this Ordinance is
exempt from the provisions of the California Environmental Quality Act ("CEQA")
pursuant to categorical exemptions under the CEQA Guidelines Section 15301 [Title 14
California Code of Regulations, Sections 15301]. The City Council further finds that this
Ordinance ratifies the action of the City Council in 2000 with the adoption of Ordinance
No. 1581 which exempted routine maintenance of private golf courses from the
limitation on hours of construction.
SECTION 4. 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 law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 7T" DAY OF MAY, 2014.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
04
Ordinance No. 1851
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Ordinance No. 1851 is a full, true and correct cop , and was introduced at a regular
meeting of the Palm Springs City Council on the 16t day of April, 2014, and adopted at
a regular meeting of the City Council held on the 7th day of May, 2014, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
Cindy Berardi
From: ardine williams <ardine.williams@gmail.com>
Sent: Wednesday, May 07, 2014 3:13 PM
To: Steve Pougnet; Paul Lewin; Chris Mills; Rick Hutcheson; Ginny Foat
Cc: CityClerk
Subject: Testimony in support of amending section 11.74.041 of and repealing exception (5) of
section 8.04.220 of the Palm Springs Municipal Code
Mayor Pougnet, Mayor pro tem Hutcheson, Councilmember Foat, Councilmember Lewin, and Councilmember
Mills
1) My husband and I purchased our home in Escena a year ago and are full time residents. Our home is on the
golf course and overlooks the 11th tee-box. Living on the golf course was an important factor in our
decision. Just like each of our neighbors who bought homes, we received a copy of the Covenants,
Conditions and Restrictions before purchasing our home. We read them and agreed to be bound by them
when we joined the Escena community. In particular, Article II, Section 10, entitled"proximity to golf course
property", addresses the risks and disturbances possible in the community. Sub paragraph 3 addresses
routine maintenance and calls out mowing of lawns and the use of loud machinery after 5am as explicit
examples of disturbances we should expect.
2) The ongoing financial viability of Escena golf course, and its ability to compete on equal footing with other
courses in Palm Springs and the Coachella valley is important to both the Escena community and to Palm
Springs so that property values are maintained and the community continues to thrive and grow.Very early tee
times are the most attractive to golfers and Escena's ability to perform early morning maintenance ensures that
the course is ready for play. Our neighboring cities' recognize this and their municipal codes clearly exempt golf
course maintenance from the noise ordinance and establish an earlier start of work time.
3) Escena offers a unique combination of a public course in a resort-like setting. This not only draws golfers
from local hotels that do not have courses, it attracts builders like Toll Brothers and Alta Verde, who can offer a
higher end product without significant HOAs, making the homes more accessible. Construction and subsequent
home sales create living wage jobs in the community, grow the city's tax basis, and contribute to a vibrant and
flourishing city.
We support the City Council recommendation as summarized in the staff report dated 16 April 2014. We
appreciate your work to update and maintain the city code so that the language and intent are clear for us all.
Thank you for your time.
Ardine and Curtis Williams
760-832-8818
k
PETITION SUBJECT
Consent item 2.C. SECOND READIN( AND ADOPTION OF ORDINANCE NO. 1851 RELATING TO HOURS OF OPERATION OF
REGULAR MOWING OR GROOMINighIF, LF 9OU_RSES,,GRASS TENNIS COURTS, GRASS CROQUET COURTS, AND LAWN
BOWLING AREAS l
ACTION REQUESTED We the undersigned request the Palm Springs CNy Council to undertake the following action:
1. Pull item 2C off the Consent Calendar of the May 7, 2014 City Council Meeting and Return the Proposed Ordinance No. 1851 back to
Committee further analysis and public input.
OR
2. Remove Item 2C from the Consent Calendar for the May 7, 2014 City Council Meeting and take no further action.
BACKGROUND
INFORMATION Private golf courses within the city limits of Palm Springs must abide by the current noise ordinance of not creating noise pollution that
exceeds 45 decibels between the hours of 10::00 pm and 7:00 am within a low-density residential neighbourhood. To put this into perspective,
a normal human conversation is 60 decibels. Since Escena Golf Course uses gas operated mowers that emit noise greater than 45 decibels,
Escena Golf must wait until 7:00 am. —a reasonable time. This proposed city ordinance would exempt a private golf business, such as
Escena Golf, from the noise ordinance and allow them to mow as early as 5:30 am any day of the week Including weekends with
machines that have a noise decibel rating as high as 95 decibels. By signing this petition, you believe that the City Council should pull
the proposed item from the Consent Calendar and refer it back to committee for further public input and analysis OR you ask that the City
Council pull the item from the Consent Calendar and take no further action thereby killing the proposed ordinance.
Eac(h J uerson signing the Petition must supply their name,slanature and a home or business address (not a business that they are an employee oft
that is within the City of Palm Springs boundary to be valid. Any slanatures that do not include this Information will not be counted
PRINT NAME ADDRESS Postal SIGNATU
Please provide home or business address that Is within the City of Palm Springs boundary Code
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ITEM NO.
PETITION SUBJECT
Consent Item 2.C. SECOND READING AND ADOPTION OF ORDINANCE NO. 1851 RELATING TO HOURS OF OPERATION OF
REGULAR MOWING OR GROOMING OF GOLF COURSES, GRASS TENNIS COURTS, GRASS CROQUET COURTS,AND LAWN
BOWLING AREAS
ACTION REQUESTED We the undersigned request the Palm Springs City Council to undertake the fallowing action:
1. Pull Item 2C off the Consent Calendar of the May 7, 2014 City Council Meeting and Return the Proposed Ordinance No. 1851 back to
Committee further analysis and public input.
OR
2. Remove Item 2C from the Consent Calendar for the May 7, 2014 City Council Meeting and take no further action.
BACKGROUND
INFORMATION Private golf courses within the city limits of Palm Springs must abide by the current noise ordinance of not creating noise pollution that
exceeds 45 decibels between the hours of 10:00 pm and 7:00 am within a low-density residential neighbourhood. To put this into perspective,
a normal human conversation is 60 decibels. Since Escena Golf Course uses gas operated mowers that emit noise greater than 45 decibels,
Escena Goff must wait until 7:00 am. —a reasonable time. This proposed city ordinance would exempt a private golf business,such as
Escena Golf, from the noise ordinance and allow them to mow as early as 5:30 am any day of the week including weekends with
machines that have a noise decibel rating as high as 95 decibels. By signing this petition, you believe that the City Council should pull
the proposed item from the Consent Calendar and refer it back to committee for further public input and analysis OR you ask that the City
Council pull the item from the Consent Calendar and take no further action thereby killing the proposed ordinance.
Each person signing the petition must supply their name,signature and a home or business address (not a business that they are an employee on
that Is within the City of Palm Sprinas boundary to be valid. Any signatures that do not Include this Information will not be counted
PRINT NAME ADDRESS Postal SIGNATURE
Please provide home or business address that Is within the city of Palm Springs boundary Code
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PETITION SUBJECT
Consent Item 2.C. SECOND READING AND ADOPTION OF ORDINANCE NO. 1851 RELATING TO HOURS OF OPERATION OF
REGULAR MOWING OR GROOMING OF GOLF COURSES, GRASS TENNIS COURTS, GRASS CROQUET COURTS, AND LAWN
BOWLING AREAS
ACTION REQUESTED We the undersigned request the Palm Springs City Council to undertake the following action:
1. Pull Item 2C off the Consent Calendar of the May 7, 2014 City Council Meeting and Return the Proposed Ordinance No. 1851 back to
Committee further analysis and public input.
OR
2. Remove Item 2C from the Consent Calendar for the May 7, 2014 City Council Meeting and take no further action.
BACKGROUND
INFORMATION Private goN courses within the city limits of Palm Springs must abide by the current noise ordinance of not creating noise pollution that
exceeds 45 decibels between the hours of 10:00 pm and 7:00 am within a low-density residential neighbourhood. To put this into perspective,
a normal human conversation is 60 decibels. Since Escena Golf Course uses gas operated mowers that emit noise greater than 45 decibels,
Escena Golf must wait until 7.00 am. -a reasonable time. This proposed city ordinance would exempt a private golf business, such as
Escena Golf, from the noise ordinance and allow them to mow as early as 5:30 am any day of the week Including weekends with
machines that have a noise decibel rating as high as 95 decibels. By signing this petition, you believe that the City Council should pull
the proposed item from the Consent Calendar and refer it back to committee for further public input and analysis OR you ask that the City
Council pull the item from the Consent Calendar and take no further action thereby killing the proposed ordinance.
Each person signing the petition must supply their name, signature and a home or business address (not a business that they are an employee Of)
that is within the City of Palm Springs boundary to be valid. Any signatures that do not Include this information will not be counted
PRINT NAME ADDRESS Postal NA R
Please provide home or business address that is within the City of Palm Springs boundary Code
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PETITION SUBJECT
Consent item 2.C. SECOND READING AND ADOPTION OF ORDINANCE NO. 1851 RELATING TO HOURS OF OPERATION OF
REGULAR MOWING OR GROOMING OF GOLF COURSES, GRASS TENNIS COURTS, GRASS CROQUET COURTS, AND LAWN
BOWLING AREAS
ACTION REQUESTED We the undersigned request the Palm Springs City Council to undertake the following action:
1. Pull Item 2C off the Consent Calendar of the May 7, 2014 City Council Meeting and Return the Proposed Ordinance No. 1851 back to
Committee further analysis and public input.
OR
2, Remove Item 2C from the Consent Calendar for the May 7, 2014 City Council Meeting and take no further action.
BACKGROUND
INFORMATION Private golf courses within the city limits of Palm Springs must abide by the current noise ordinance of not creating noise pollution that
exceeds 45 decibels between the hours of 10:00 pm and 7:00 am within a low-density residential neighbourhood. To put this into perspective,
a normal human conversation is 60 decibels. Since Escena Golf Course uses gas operated mowers that emit noise greater than 45 decibels,
Escena Golf must wait until 7 00 am. -a reasonable time. This proposed city ordinance would exempt a private golf business, such as
Escena Golf, from the noise ordinance and allow them to mow as early as 5:30 am any day of the week including weekends with
machines that have a noise decibel rating as high as 95 decibels. By signing this petition, you believe that the City Council should pull
the proposed item from the Consent Calendar and refer if back to committee for further public input and analysis OR you ask that the City
Council pull the item from the Consent Calendar and take no further action thereby killing the proposed ordinance.
Each person signing the petition must supply their name,signature and a home or business address (not a business that they are an employee oft
that is within the City of Palm Springs boundary to be valid. Any sionatures that do not Include this information will not be counted
PRINT NAME ADDRESS Postal SIGNATURE
Please provide home or business address that Is within the City of Palm Springs boundary Code NA
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PETITION SUBJECT
Consent Item 2.C. SECOND READING AND ADOPTION OF ORDINANCE NO. 1851 RELATING TO HOURS OF OPERATION OF
REGULAR MOWING OR GROOMING OF GOLF COURSES, GRASS TENNIS COURTS, GRASS CROQUET COURTS, AND LAWN
BOWLING AREAS
ACTION REQUESTED We the undersigned request the Palm Springs City Council to undertake the following action:
1. Pull Item 2C off the Consent Calendar of the May 7, 2014 City Council Meeting and Return the Proposed Ordinance No. 1851 back to
Committee further analysis and public input.
OR
2. Remove Item 2C from the Consent Calendar for the May 7, 2014 City Council Meeting and take no further action.
BACKGROUND
INFORMATION Private golf courses within the city limits of Palm Springs must abide by the current noise ordinance of not creating noise pollution that
exceeds 45 decibels between the hours of 10:00 pm and 7:00 am within a low-density residential neighbourhood. To put this into perspective,
a normal human conversation is 60 decibels. Since Escena Golf Course uses gas operated mowers that emit noise greater than 45 decibels,
Escena Golf must wait until 7:00 am.—a reasonable time. This proposed city ordinance would exempt a private golf business, such as
Escena Golf,from the noise ordinance and allow them to mow as early as 5:30 am any day of the week Including weekends with
machines that have a noise decibel rating as high as 95 decibels. By signing this petition,you believe that the City Council should pull
the proposed item from the Consent Calendar and refer it back to committee for further public input and analysis OR you ask that the City
Council pull the item from the Consent Calendar and take no further action thereby killing the proposed ordinance.
Each Person signing the petition must supply their name,signature and a home or business address(not a business that they are an employee off
that is within the City of Palm Springs boundary to be valid Any signatures that do not include this information will not be counted
PRINT NAME ADDRESS Postal SIGNATURE
Please provide home or business address that is within the City of Palm Springs boundary Code
Kris Sanders 4264 Arcada Street, Palm Springs 92262
Laura Chipman 4264 Arcada Street, Palm Springs 92262 L:'-
PETITION SUBJECT
Consent Item 2.C. SECOND READING AND ADOPTION OF ORDINANCE NO. 1851 RELATING TO HOURS OF OPERATION OF
REGULAR MOWING OR GROOMING OF GOLF COURSES, GRASS TENNIS COURTS, GRASS CROQUET COURTS, AND LAWN
BOWLING AREAS
ACTION REQUESTED We the undersigned request the Palm Springs City Council to undertake the following action:
1. Pull Item 2C off the Consent Calendar of the May 7, 2014 City Council Meeting and Return the Proposed Ordinance No. 1851 back to
Committee further analysis and public input.
OR
2. Remove Item 2C from the Consent Calendar for the May 7, 2014 City Council Meeting and take no further action.
BACKGROUND
INFORMATION Private golf courses within the city limits of Palm Springs must abide by the current noise ordinance of not creating noise pollution that
exceeds 45 decibels between the hours of 10:00 pm and 7:00 am within a low-density residential neighbourhood. To put this into perspective,
a normal human conversation is 60 decibels. Since Escena Golf Course uses gas operated mowers that emit noise greater than 45 decibels,
Escena Golf must wait until 7:00 am. —a reasonable time. This proposed city ordinance would exempt a private golf business,such as
Escena Goff, from the noise ordinance and allow them to mow as early as 5:30 am any day of the week including weekends with
machines that have a noise decibel rating as high as 85 decibels. By signing this petition, you believe that the City Council should pull
the proposed item from the Consent Calendar and refer it back to committee for further public input and analysis OR you ask that the City
Council pull the item from the Consent Calendar and take no further action thereby killing the proposed ordinance.
Each person signing the petition must supply their name,signature and a home or business address (not a business that they are an employee of)
that is within the City of Palm Springs boundary to be valid. Any sianatures that do not Include this information will not be counted
PRINT NAME ADDRESS Postal SIGNATURE
Please provide home or business address that Is within the City of Palm Springs boundary Code
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05/05/2014 03:44 7074376100 TFIE UPS STORE #4370 PAGE 01/01
PETMON SUGjECT
COMOM 110M 2.C.SECOND REAOING AND ADOPTION OF ORDINANCE NO Jg51 RELATMG 70 HOURS OF f7PERATI0 OF
REGULAR MOWING OR GROOMING OF GOLF COURSES,GRASS TENNIS COVRTS,GRASS CROOULT COURTS,AND LAWN
OOKI,INGAREAS
ACTION RE ESTED "1 Nm and lgned rogUae[No Palm Sprow City CowaeY M urdeneka tna AlhwMp 9ewen:
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OR
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PETITION SUBJECT
Consent item 2.C. SECOND READING AND ADOPTION OF ORDINANCE NO. 1851 RELATING TO HOURS OF OPERATION OF
REGULAR MOWING OR GROOMING OF GOLF COURSES, GRASS TENNIS COURTS, GRASS CROQUET COURTS,AND LAWN
BOWLING AREAS
ACTION REQUESTED We the undersigned request the Palm Springs City Council to undertake the following action:
D1�.
ull Item 2C off the Consent Calendar of the May 7, 2014 City Council Meeting and Return the Proposed Ordinance No. 1861 back to
Committee further analysis and public input.
OR
o fPp% 11, 5b, f:MeeI e 0 u
BACKGROUND
INFORMATION Private golf courses within the city limits of Palm Springs must abide by the current noise ordinance of not creating noise pollution that
exceeds 45 decibels between the hours of 10:00 pm and 7:00 am within a!ow-denstty residential neighbourhood. To put this into perspective,
a normal human conversation is 60 decibels. Since Escena Golf Course uses gas operated mowers that emit noise greater than 45 decibels,
Escena Golf must wait until7:00 am.—a reasonable time. This proposed city ordinance would exempt a private golf business,such as
Escena Goff,from the noise ordinance and allow them to mow as early as 5:30 am any day of the week Including weekends with
machines that have a noise decibel rating as high as 95 decibels. By signing this petition,you believe that the City Council should pull
the proposed item from the Consent Calendar and refer it back to committee for further public input and analysis OR you ask that the City
Council pull the Hem from the Consent Calendar and take no further action thereby killing the proposed ordinance.
Each Person signing the Petition must supply their name slanature and a home or business address(not a business that they are an employee oft
that Is within the City of Palm Springs boundary to be valid Any slonatures that do not Include this Informatlon will not be counted
PRINT NAME ADDRESS Postal SIGNATURE
}� Please provide home or buslnese address that Is within the C4 of Palm Springs boundary Code
1 OS 6- LLd L c
f�
Golf Course Maintenance
Comparable Cities
City of Palm Desert
9.24.075 Property maintenance activities.
With the exception of blowers, all maintenance activities associated with golf courses and/or tennis
courts can operate from five-thirty a.m. to seven p.m., seven days a week.
City of Rancho Mirage
8.45.065 Landscape maintenance.
B. The regular mowing or grooming of golf courses, grass tennis courts, grass croquet courts,and
lawn bowling areas shall be exempt from the restrictions set forth in this section. The allowed work hours
for mowing or green preparation for golf courses, grass tennis courts, grass croquet courts,and lawn
bowling areas shall be between five thirty a.m. and seven p.m., seven days per week and during all
seasons of the year.
City of Indian Wells
9.06.048 Golf courses.
This section applies only to golf courses.
(a) Mowing. Mowing of greens and tees may begin at 6:00 a.m. year round.
(1) Special Events. Mowing of all other golf course areas may begin at 6:00 a.m. for special events
providing the golf course manager has received City approval in the form of a Temporary Use Permit.
Summary of Survey of Coachella Valley Golf Courses
Maintenance Start Hours
Desert Hot Springs Mission Lakes Country Club Semi Private Sunrise
Desert Hot Springs Desert Dunes Golf Club Public Sunrise
Desert Hot Springs Hidden Springs Country Club IRV) Public Sunrise
Desert Hot Springs Desert Crest Country Club(RV) Public Sunrise
Desert Hot Springs Sands RV Golf Resort Public Sunrise
Palm Springs O'Donnell Golf Club Private Sunrise
Palm Springs Escena Goff Club Public Sunrise
Palm Springs Mesquite Goff Club Public Sunrise
Palm Springs Indian Canyons North Public Sunrise
Palm Springs Indian Canyons South Public Sunrise
Palm Springs Seven Lakes Country Club Private 6:45
Palm Springs Bel Air Greens Golf Club Public Sunrise
Palm Springs Canyon Estates Country Club Private Sunrise
Cathedral City Desert Princess Country Club Semi Private Sunrise
Cathedral City Cimarron Golf Resort Public Sunrise
Cathedral City Cathedral Canyon Country Club Public Sunrise
Cathedral City Outdoor Resorts Country Club Private Sunrise
Thousand Palms Shenandoah Springs Country Club Private Sunrise
Thousand Palms Ivey Ranch Country Club Semi Private Sunrise
Rancho Mirage Mission Hills North Country Club Public 5:30 or Sunrise
Rancho Mirage Mission Hills Country Club Private Sunrise
Rancho Mirage Westin Mission Hills Public sunrise
Rancho Mirage Tamarisk Country Club Private Sunrise
Rancho Mirage Momingside Country Club Private Sunrise
Rancho Mirage The Springs Coumry Club Private Sunrise
Rancho Mirage Desert Island County Club Semi Private Sunrise
Rancho Mirage Rancho Mirage Country Club Semi Private Sunrise
Rancho Mirage Thunderbird Country Club Private 6:00
Rancho Mirage Sunrise Country Club NO ANSWER
Rancho Mirage Rancho Las Palmas Public Sunrise
I
Palm Desert Classic Club Public Sunrise
Palm Desert Marriot Shadow Ridge Public Sunrise
Palm Desert Palm Desert Greens Public Sunrise
Palm Desert Santa Rosa Country Club Private Sunrise
Palm Desert Suncrest Country Club NO ANSWER
Palm Desert Desert Willow Goff Resort Public Sunrise
Palm Desert Desert Falls Country Club Semi Private Sunrise
Palm Desert Avondale Semi Private Sunrise
Palm Desert Palm Valley Country Club Private Sunrise
Palm Desert Monterey Country Club Private Sunrise
Palm Desert Chaparral Country Club Private Sunrise
Palm Desert Portola Country Club Private Sunrise
Palm Desert Marriot Desert Springs Public 6:00
Palm Desert The lakes Country Club Private Sunrise
Palm Desert Indian Ridge Country Club Private Sunrise
Palm Desert Palm Desert Resort Public Sunrise
Palm Desert Woodhaven Public Sunrise
Palm Desert Oasis Country Club Public Sunrise
Palm Desert Palm Desert Country Club Public Sunrise
Palm Desert Shadow Mountain Country Club Private Sunrise
Palm Desert Marrakesh Country Club Private Sunrise
Palm Desert Stone Eagle Country Club Private Sunrise
Palm Desert Bighorn Private Sunrise
Palm Desert Ironwood Country Club Private Sunrise
Indian Wells Toscana Country Club Private Sunrise IIi
Indian Wells Desert Horimns Country Club Semi Private Sunrise
Indian Wells Indian Wells Goff Resort Public 6:00 during season,5:30 during summer
Indian Wells Indian Wells Country Club Private Sunrise
Indian Wells Vintage Club Private Sunrise
Indian Wells El Dorado Country Club Private Sunrise
Indian Wells Reserve Goff Club Private Sunrise
Y
Indio Shadow Hills G.C.North - Public Sunrise
Indio Shadow Hills G.C.South Public Sunrise
Indio Indio Golf Club Public Sunrise
Indio Golf Club at Terra Lago Public Sunrise
Indio Rancho Casablanca Country Club NO ANS W ER
Indio Eagle Falls Public Sunrise
Indio Heritage Palms Public Sunrise
Indio Indian Springs Semi Private 6:00 but has exemption to go earlier
Indio Indian Palms Country Club Semi Private Sunrise
Indio Plantation Golf Club Private Sunrise
La Quinta Palm Royale Country dub Public Sunrise
La Quinta La Quinta Country Club Private Sunrise for course,later for driving range by coi
La Quanta Rancho La Quinta Public Sunrise
La Quinta La Quinta Resort and Club Public Sunrise
La Quanta Citrus Country Club Private Sunrise
La Quinta Mountain View Country Club Private Sunrise
La Quinta Tradition Golf dub Private Sunrise
La Quinta Silver Rock Resort Public Sunrise
La Quinta Hideaway Goff Club Private Sunrise 'i
La Quanta PGA West Semi Private Sunrise
La Quinta Quarry NOANSWER
La Quinta Andalusia Country Club Private Sunrise
La Quinta Golf Club at La Quinta(Trilogy) Public Sunrise
La Quinta Palms Golf Club Private Sunrise
Kathleen M. Weremiuk
699 Wilson Lane
Palm Springs,CA 92262
1-760-832-9750
Kathy.weremiuk@verizon.net
May 7,2014
Mayor Pougnet
Mayor pro tem Hutcheson
Councilmember Foat
Councilmember Lewin
Councilmember Mills
I want to correct my testimony at the council meeting of April 16, 2014 of the first
reading of Ordinance 1851 relating to the regular mowing and grooming of golf
courses.
When I introduced myself, I stated my name, my address and said that I was
also a member of the Escena HOA Board of Directors. If I failed to make clear
that my testimony in favor of the ordinance was as an individual homeowner
who happens to live on the golf course, I apologize for any confusion this may
have caused.
I'd like to be very clear that the HOA Board has neither discussed this issue not
taken a position on this ordinance and I was not speaking for the Board, or for
any of the members of the HOA other than myself as a homeowner.
I would to like my testimony to reflect this.
And as before, I would like to state that as a homeowner who has lived on the
golf course for four and one half years, I support the ordinance.
Respectfully,
Kathleen eremiuk
CITY OF PALM SPRINGS
NOTIFICATION
u0*'$
City Council
Meeting Date: May 7, 2014
Subject: Ordinance No. 1851
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary was published in the Desert Sun on
May 14, 2014.
1ddeclare under penalty of perjury that the foregoing is true and correct.
1
AA
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary was posted at City Hall,
3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office
of the City Clerk on May 11, 2014.
1 declare under penalty of perjury that the foregoing is true and correct.
MAC
Kathie Hart, CMC
Chief Deputy City Clerk
The Desert sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs, CA 92262
760-778-4578/Fax 760-778-4731
State Of California as:
County of Riverside
Advertiser:
CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 922632
2000434721
1 am over the age of 18 years old, a citizen of the United
States and not a party to, or have interest in this matter. I
hereby certify that the attached advertisement appeared
in said newspaper (set in type not smaller than non panel)
in each and entire issue of said newspaper and not in any
supplement thereof on the following dates,to wit:
Newspaper: .The Desert Sun
5/14/2014 No 0781
ORDINANCE NO.fast
AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA AMENDING SECTION
11.74.041 PRI OF AND RdPEALING EXCEPTION
@OF SEC 0.04.220 OF THE PALM
SNGS MUNICIPAL CODE ELATING TO
HOUR6 OF OPERATION OF REGULAR MOW
ING OR GROOMING OF GOLF COURSES
GRASS TENNIS COURTS GRASS CROOUEf
I acknowledge that I am a principal clerk of the printer of COURTS,AND LAWWSOWLING AREAS. I
The Desert Sun, printed and published weekly in the City The Ciry's Noise CIIYAUN�W*Swmwy ProhibitsCer-
of Palm Springs, Coun of Riverside, State of California. tern aCCUgviuea between the hours of 8,00 P.M.and
County 8:00 am in residential zones and between 8:00 Um
The Desert Sun was adjudicated a newspaper of general and 7:00 am for all other zones,staled to certain
circulation on March 24, 1988 by the Superior Court of the exceptions.TAI a Ordina nce prohibits War mow-
or groomicnrgornat golf courses, gnus rennls
County of Riverside, State of California Case No. eras begin&;,; maltour ap'p ndaI& s:30am9
191236. CERTIFICATION
STATE OF CAUFORNIA
I declare under penalty of perjury that the foregoing is true Cm OF POFRRIVALM ERRMGB
and correct. Executed is 14th day of May, 2014 in 1 JAMES THOMPSON,ArN Clark d me C�'tv d
Ffalm Spm'�e hereto canify that Ordinance No.
Palm Springs,Cal la. 1w,isom,tme and corre9ctm y,and weaiinntro
_ C Mundt oregular
n the m6th day Of April I2011 .and
i atl�p�ed al a repuIsr meeting of me Ci Ceunob
held on me 7th day of May.Zp14,by the Idlowirg
j vote:
AYES: Opuncinnimbers, Lewin, Mille,Mayor
Pro TernHutcheson,and Mayor Pcugnat.
e NOES: None
a ABSENT: Councifinamber Feat
N
De cla nt's Signature ABSTAIN: orua
I JAMES THO Spn CITY CLERK
- City OfPalmalm Springs,California
, Publlahad:9114n4
ORDINANCE NO. 1851
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTION 11.74.041 OF, AND
REPEALING EXCEPTION (5) OF SECTION 8.04.220 OF,
THE PALM SPRINGS MUNICIPAL CODE, RELATING TO
HOURS OF OPERATION OF REGULAR MOWING OR
GROOMING OF -GOLF COURSES, GRASS TENNIS
COURTS, GRASS CROQUET COURTS, AND LAWN
BOWLING AREAS.
CityAttorney's Summary
The City's Noise Ordinance currently prohibits certain activities between
the hours of 8:00 p.m. and 8:00 am in residential zones and between 8:00
pm and 7:00 am for all other zones, subject to certain exceptions. This
Ordinance prohibits regular mowing or grooming of golf courses, grass
tennis counts, grass croquet courts, and lawn bowling areas between the
hours 8:00 p.m. and 5:30 a.m.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Ordinance No. 1851 is a full, true and correct coplr, and was introduced at a regular
meeting of the Palm Springs City Council on the 16t day of April, 2014, and adopted at
a regular meeting of the City Council held on the 7th day of May, 2014, by the following
vote:
AYES: Councilmembers, Lewin, Mills, Mayor Pro Tern Hutcheson, and
Mayor Pougnet.
NOES: None
ABSENT: Councilmember Foat
ABSTAIN: None
AMES THOMPSON, CITY CLERK
City of Palm Springs, California
ORDINANCE NO. 1851
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTION 11.74.041 OF, AND
REPEALING EXCEPTION (5) OF SECTION 8.04.220 OF,
THE PALM SPRINGS MUNICIPAL CODE, RELATING TO
HOURS OF OPERATION OF REGULAR MOWING OR
GROOMING OF GOLF COURSES, GRASS TENNIS
COURTS, GRASS CROQUET COURTS, AND LAWN
BOWLING AREAS.
City Attomey's Summary
The City's Noise Ordinance currently prohibits certain activities between
the hours of 8:00 p.m. and 8:00 am in residential zones and between 8:00
pm and 7:00 am for all other zones, subject to certain exceptions. This
Ordinance prohibits regular mowing or grooming of golf courses, grass
tennis courts, grass croquet courts, and lawn bowling areas between the
hours 8:00 p.m. and 5:30 a.m.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS HEREBY ORDAINS:
SECTION 1. Exception (5) of Section 8.04.220 of the Palm Springs Municipal
Code is repealed.
SECTION 2. Section 11.74.041 of the Palm Springs Municipal Code is amended
to read:
11.74.041 Controlled Hours of Operation.
(a) It shall be unlawful for any person to operate, permit, use or cause to operate,
any of the following between the hours of eight p.m. to eight a.m. in residential zones
and between the hours of eight p.m. to seven a.m. in all other zones:
(1) Powered model vehicles;
(2) Loading and unloading vehicles such as trash collectors, fork lifts, or
cranes within one thousand feet of a residence;
(3) Domestic power tools;
(4) Non-emergency exterior hardscape and landscape activities, including
without limitation tree trimming, re-seeding, lawn mowing, leaf blowing, dust and debris
clearing, and any other landscaping or nonemergency exterior hardscape maintenance
activities which would utilize any motorized say, sander, drill, grinder, leaf-blower, lawn
mower, hedge trimmer, edger, or any other similar tool or device.
(b) Notwithstanding the foregoing, this Section shall not prohibit the operation or use
of any such equipment at any time within said zones by the city, its officers or
employees, or any agent or franchisee of the city.
(c) The regular mowing or grooming of golf courses, grass tennis courts, grass
croquet courts, and lawn bowling areas shall be exempt from the restrictions set forth in
this Section. The allowed work hours for mowing or green preparation for golf courses,
Ordinance No. 1851
Page 2
grass tennis courts, grass croquet courts, and lawn bowling areas shall be between five-
thirty a.m. and eight p.m., seven days per week and during all seasons of the year.
SECTION 3. The City Council finds and determines that this Ordinance is
exempt from the provisions of the California Environmental Quality Act ("CEQA")
pursuant to categorical exemptions under the CEQA Guidelines Section 15301 [Title 14
California Code of Regulations, Sections 15301]. The City Council further finds that this
Ordinance ratifies the action of the City Council in 2000 with the adoption of Ordinance
No. 1581 which exempted routine maintenance of private golf courses from the
limitation on hours of construction.
SECTION 4. 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 law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 7T" DAY OF MAY, 2014.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Ordinance No. 1851 is a full, true and correct cop , and was introduced at a regular
meeting of the Palm Springs City Council on the 16t day of April, 2014, and adopted at
a regular meeting of the City Council held on the 71" day of May, 2014, by the following
vote:
AYES: Councilmembers, Lewin, Mills, Mayor Pro Tem Hutcheson, and
Mayor Pougnet.
NOES: None
ABSENT: Councilmember Foat
ABSTAIN: None
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California