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2017 11 14 PCPLANNING COMMISSION AGENDA 1 NOVEMBER 14, 2017 PLANNING COMMISSION AGENDA CITY HALL COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta REGULAR MEETING on TUESDAY, NOVEMBER 14, 2017 AT 6:00 P.M. CALL TO ORDER ROLL CALL: Commissioners Bettencourt, Caldwell, Currie, McCune, Proctor, Wright and Chairperson Quill. PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the Planning Commission on any matter not listed on the agenda. Please complete a "Request to Speak" form and limit your comments to three minutes. The Planning Commission values your comments; however in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). CONFIRMATION OF AGENDA CONSENT CALENDAR 1. Approval of the Minutes of October 10, 2017 BUSINESS SESSION - None Planning Commission agendas and staff reports are now available on the City’s web page: www.laquintaca.org PLANNING COMMISSION AGENDA 2 NOVEMBER 14, 2017 Beginning Resolution No. 2017-017 PUBLIC HEARINGS 1. Zoning Ordinance Amendment 2017-0003 and Environmental Assessment 2017-0012 submitted by the City of La Quinta recommending that the City Council adopt amendments to Section 9.100.210 of the La Quinta Municipal Code relating to golf course maintenance noise. CEQA: Negative Declaration was prepared for the proposed zoning code amendments in accordance with CEQA. 2. Zoning Ordinance Amendment 2017-0005 submitted by the City of La Quinta recommending that the City Council adopt amendments to Section 9.50.090 of the La Quinta Municipal Code and adopt Single Family Residential Architectural Design Guidelines. CEQA: Exempt from environmental review pursuant to Section 15061 (b)(3) Review for Exemptions – General Rule. STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS - None COMMISSIONERS’ ITEMS STAFF ITEM 1. Village Make Event ADJOURNMENT The next regular meeting of the Planning Commission will be held on November 28, 2017, commencing at 6:00 p.m. at the City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Wanda Wise-Latta, Commission Secretary of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta Planning Commission meeting was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico, and the bulletin boards at 78-630 Highway 111, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on November 9, 2017. DATED: November 9, 2017 WANDA WISE-LATTA, Commission Secretary City of La Quinta, California PLANNING COMMISSION AGENDA 3 NOVEMBER 14, 2017 PUBLIC NOTICES The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the Planning Division of the Design and Development Department at 777- 7118, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the Commission, arrangements should be made in advance by contacting the Planning Division of the Design and Development Department at 777-7118. A one (1) week notice is required. If background material is to be presented to the Commission during a Planning Commission meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the Executive Assistant for distribution. It is requested that this take place prior to the beginning of the meeting. Any writings or documents provided to a majority of the Commission regarding any item(s) on this agenda will be made available for public inspection at the Design and Development Department’s counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. PLANNING COMMISSION MINUTES 1 OCTOBER 10, 2017 PLANNING COMMISSION MINUTES TUESDAY, OCTOBER 10, 2017 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 6:00 p.m. by Chairperson Quill. PRESENT: Commissioners, Caldwell, Currie, McCune, Proctor, Wright and Chairperson Quill ABSENT: Commissioner Bettencourt STAFF PRESENT: Assistant City Attorney Morgan Gallagher, Planning Manager Gabriel Perez, Principal Engineer Bryan McKinney, Senior Planner Cheri Flores, Commission Secretary Wanda Wise-Latta and Office Assistant Mirta Lerma PLEDGE OF ALLEGIANCE Commissioner McCune led the Commission in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA - Confirmed CONSENT CALENDAR 1. Approval of the Minutes of September 26, 2017 Motion – A motion was made and seconded by Commissioners Wright and Proctor to approve the Planning Commission Minutes of September 26, 2017 as submitted. AYES: Commissioners Caldwell, Currie, McCune, Proctor, Wright and Chairperson Quill. NOES: None. ABSENT: Commissioner Bettencourt. ABSTAIN: None. Motion passed. BUSINESS SESSION - None PUBLIC HEARING PLANNING COMMISSION MINUTES 2 OCTOBER 10, 2017 1. Site Development Permit 2017-0013 submitted by SilverRock Development Company, LLC. proposing a temporary golf course clubhouse within Planning Area 10A of the SilverRock Specific Plan. CEQA: previously reviewed under Environmental Assessment 2014-1003 and found consistent. Location: southwest corner of Jefferson Street and Avenue 52. Planning Manager Gabriel Perez presented the information contained in the staff report, which was on file in the Design and Development Department. He stated that a revised Attachment 2 to the staff report was distributed to the Commission prior to the start of the meeting. Chairperson Quill declared the PUBLIC HEARING OPEN at 6:12 p.m. Commission discussion followed regarding a gate to secure the parking lot after hours to which the applicant stated there are plans for a gate; and traffic analysis regarding transitions and turn lanes related to the project. PUBLIC SPEAKER: John Gamlin, SilverRock Development Company, LLC - introduced himself and was available to answer the Commission’s questions. Planning Manager Perez clarified that no comment letters regarding the proposed project had been received. Commission discussion continued and Mr. Gamlin provided information regarding the asphalt entry driveway to the parking lot; proposed use of Class 2 aggregate-base on parking lot surface; stripping of parking lot surface; surface materials used under the temporary clubhouse and cart barn; and rotation of golf play. The Commission discussed the need for an asphalt parking lot; proximity of the cart barn/staging area and temporary clubhouse to the driving range; facility and parking lot lighting; recessing modulars below grade to simplify access; structural retaining wall; orientation of the site to the west to be distance the structures from the driving range; painting of the exterior and the interior design of the modulars; modular complex versus spring structure facility; screening along sides of modular facing the driving range; drainage around and under the modular units; planting the box trees in the ground and – provide adequate irrigation; completion timeline; and signage. PUBLIC SPEAKER: Andy Vossler, Landmark Golf, Indian Wells, CA – Mr. Vossler introduced himself and stated he agreed with many of the comments made by the Commission. He said that Landmark does not support the buffer between the temporary clubhouse and driving range as referenced in the staff report and the comments made during the Commission meeting; expressed concerns regarding errant golf balls; was opposed to the use of screens; said that the location of the cart path to driving range was not clear; stated that the cart PLANNING COMMISSION MINUTES 3 OCTOBER 10, 2017 path between the driving range practice tee to the first tee is unknown; expressed concern regarding the impact of the cart path surface upon the golf carts; expressed the need for sufficient night lighting for security and safety purposes; and spoke in favor of recessing trailers. Commission discussion continued regarding temporary clubhouse pro shop size and merchandizing; screening between the practice range and the temporary facilities to which Mr. Vossler explained his objections; moving the temporary clubhouse and cart barns to the west to provide a greater buffer to which Mr. Vossler he was in favor; the north and south tees on the driving to which Mr. Gamlin explained the grading operation and haul route as it related to the those tees. Planning Manager Perez stated that a lighting plan had been provided by the applicant earlier in the day and provided for the Planning Commission at the dais. Commission discussion continued; clarification regarding access by golf cart from the clubhouse to the first tee; asked staff to look into the traffic analysis related to the right turn into the project; skirting around the modular units; create an ambience to maintain the SilverRock experience relating to the temporary clubhouse facility; changing the proposed signage at the entrance to say SilverRock Golf Course Entrance instead of Temporary Clubhouse Entrance to which staff agreed; adding a monument sign at gate to the parking lot. Principal Engineer McKinney advised the Commission that a change in the parking lot surface requires the applicant to complete a water quality management plan which would be reviewed by staff. PUBLIC SPEAKER: John Gamlin, SilverRock Development Company, LLC – stated that they would pave the parking lot and would like the overflow parking lot surface to remain Class 2 aggregate-based. He addressed concerns regarding errant golf ball risks and suggested querying the golf course architect and the operating staff to determine an errant ball zone. Planning Manager Perez addressed the Commission’s question regarding Condition of Approval No. 14 regarding materials to be used for parking lots and driveways. The applicant has asked to use an AC base. The Commission proposed modification to Condition of Approval No. 14 to state that the parking lot must be an asphalt surface. Mr. Gamlin addressed the Commission’s question about golfers and carts return to the first tee and stated that there is a staging and traffic control plan to PLANNING COMMISSION MINUTES 4 OCTOBER 10, 2017 cross SilverRock Way during construction. He said that the surface of the cart paths will be a rolled, Class 2 base and compacted. Staff advised the Commission that a PM 10 dust control plan would be submitted and approved by staff. Chairperson Quill declared the PUBLIC HEARING CLOSED at 7:24 p.m. Motion – A motion was made and seconded by Commissioners Wright/Proctor to adopt Resolution No. 2017-0015 of the Planning Commission of the City of La Quinta, California, recommending that the City Council approve Site Development Permit 2017-0013, including site and architectural plans for a temporary golf course clubhouse within Planning Area 1A of the SilverRock Specific Plan with the addition of the following recommended conditions and a finding of consistency with Environmental Assessment 2014-1003: 1. Require asphalt pavement for 120 parking spaces and preparation of a water quality management plan 2. Plant approved trees in the ground and provide required irrigation systems 3. Review golf cart path with Landmark Golf, Arnold Palmer Group and project architect and determine areas that can be constructed of asphalt surface that will not interfere with SilverRock construction activities 4. Review clubhouse staging area and dining deck safety from errant golf balls with Landmark Golf, Arnold Palmer Group and project architect and implement safety measures 5. Paint clubhouse buildings a consistent color scheme. YES: Commissioners Caldwell, Currie, McCune, Proctor, Wright and Chairperson Quill. NOES: None. ABSENT: Commissioner Bettencourt. ABSTAIN: None. Motion passed. 2. Zoning Ordinance Amendment 2017-0004 submitted by the City of La Quinta recommending that the City Council amend several chapters of Titles 8 9, and 13 of the La Quinta Municipal Code. CEQA: Exempt from environmental review pursuant to Section 5061 (b)(3) Review for Exemptions – General Rule. Senior Planner Cheri Flores presented the information contained in the staff report, which was on file in the Design and Development Department. Commission discussion followed regarding lot line adjustments between residential districts and golf course district in private communities; and screening options of bottled gas tanks. PLANNING COMMISSION MINUTES 5 OCTOBER 10, 2017 Staff shared that at the Joint Study Session with City Council and Planning Commission, concerns were raised regarding items such as noise and cigarette smoke in mixed-use areas in the Village. Staff said that those concerns could be addressed in the conditions of approval. Senior Planner Flores continued with the presentation of the staff report. Commission discussion continued regarding impacts of bars and cocktail lounges on residences within mixed use projects. Chairperson Quill declared the PUBLIC HEARING OPEN at 7:48 p.m. PUBLIC SPEAKER: none Chairperson Quill declared the PUBLIC HEARING CLOSED at 7:48 p.m. Motion – A motion was made and seconded by Commissioners Wright/Proctor to adopt Resolution No. 2017-0016 of the Planning Commission of the City of La Quinta, California, recommending that the City Council approve Zoning Ordinance Amendment 2017-0004 amending several chapters of Titles 8, 9 and 13 of the La Quinta Municipal Code and include modification to the language regarding propane tank screening to include: bottled gas tank screened so as to not be visible from the street; screening materials be appropriate to the residential unit; and a non-landscape material structural element be included to act as a barrier between the tank and any vehicles; and a finding of exemption from environmental review under the California Environmental Quality Act. AYES: Commissioners Caldwell, Currie, McCune, Proctor, Wright and Chairperson Quill. NOES: None. ABSENT: Commissioner Bettencourt. ABSTAIN: None. Motion passed. STUDY SESSION – None REPORTS AND INFORMATIONAL ITEMS – None COMMISSIONERS’ ITEMS - None STAFF ITEMS Code Compliance Supervisor Kevin Meredith was introduced to the Commission and provided an update about the Code Compliance Division. The Commission shared their concerns regarding the project located at the northwest corner of Jefferson Street and Avenue 52. PLANNING COMMISSION MINUTES 6 OCTOBER 10, 2017 Commission discussion followed regarding Go Request; condition of the landscaping at Walgreen’s; condition of the garden area adjacent to Kohl’s store; residential front yard landscaping; interest in meeting with Code Compliance Supervisor Meredith; and the Code Compliance citation process. League of California Cities 2018 Planning Commission Academy report was presented. Staff suggested the newest Commission Members consider attending. Commissioners Proctor, Caldwell and Currie expressed an interest in attending and Commissioner McCune will notify staff as to his availability. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Wright/Proctor to adjourn this meeting at 8:12 p.m. AYES: Commissioners Caldwell, Currie, McCune, Proctor, Wright and Chairperson Quill. NOES: None. ABSENT: Commissioner Bettencourt. ABSTAIN: None. Motion passed. Respectfully submitted, WANDA WISE-LATTA, Executive Assistant City of La Quinta, California Page 1 of 3 PLANNING COMMISSION STAFF REPORT DATE: November 14, 2017 CASE NUMBER: ZONING ORDINANCE AMENDMENT 2017-0003 ENVIRONMENTAL ASSESSMENT 2017-0012 APPLICANT: CITY OF LA QUINTA REQUEST: ADOPT A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL ADOPT AMENDMENTS TO SECTION 9.100.210 OF THE LA QUINTA MUNICIPAL CODE RELATING TO GOLF COURSE MAINTENANCE NOISE LOCATION: CITY-WIDE CEQA: A NEGATIVE DECLARATION WAS PREPARED FOR THE PROPOSED ZONING CODE AMENDEMNTS IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). RECOMMENDED ACTION Adopt a resolution recommending to the City Council certification of a Negative Declaration and approval of Zoning Ordinance Amendment 2017-0003, approving amendments to Section 9.100.210 of the La Quinta Municipal Code (Code). EXECUTIVE SUMMARY • Residences directly adjacent to golf course greens are characteristic of La Quinta master planned communities. • Golf course maintenance equipment exceeds the City’s 50 dB(A) noise limits for nearby residential noise sensitive uses prior to 7:00 a.m. • Amendments to LQMC Section 9.100.210, Noise Control are proposed to allow golf course maintenance noise to occur between the hours of 5:30 a.m. and 10:00 p.m. BACKGROUND/ANALYSIS Golf courses are feature amenities in at least eighteen La Quinta master-planned communities and a major attraction for local tourism. Residences planned adjacent to golf course greens are considered prime real estate with low or no privacy walls to maximize golf course views. Routine morning golf course maintenance is essential to course operations in preparation for golf tee times starting as early as 6:00 a.m. Golf course maintenance involves the use of gas-powered equipment such as mowers, PH 1 Page 2 of 3 sweepers, and blowers that are mobile noise sources with noise levels that exceed 60 dB(A). Morning golf course maintenance noise exceeds the 10:00 p.m. to 7:00 a.m. 50 db(A) noise limit. Compliance with the city’s noise regulations would require golf course maintenance to begin at 7:00 a.m. when the noise limit is 65 db(A). The PGA West golf course administration contacted city staff regarding resident complaints about routine golf course maintenance noise prior to 7:00 a.m. (Attachment 1). PGA West’s Covenants Conditions and Restrictions (CC&R’s) classify noise from landscaping at the golf course as a golf course hazard and include a clause that indemnifies PGA West from actions at the golf course including nuisances from golf course hazards early in the morning and late in the evening (Attachment 2). Golf course tee times at PGA West begin at 6:00 a.m., due to the traditionally hot weather of the desert, and the golf courses must be groomed at least a half hour prior to be in playable condition. Though PGA West’s CC&R’s allow routine maintenance noise starting at 5:30 a.m., residents concerned with maintenance noise cite that the City’s noise ordinance noise limit of 50 decibels (dbA) prior to 7:00 a.m. should be enforced. Currently, the City’s Municipal Code (Code) does not include regulations specific to golf course landscape maintenance noise. In addition to PGA West, SilverRock will be developed with future residences and hotels near the golf course, where tee times begin as early as 6:30 a.m. In order for the SilverRock course to continue effective operations and maintenance for players, maintenance needs to occur prior to play as well. Other Coachella Valley cities address noise from landscaping activities in their noise regulations. The Cities of Palm Desert, Rancho Mirage, and Palm Springs allow golf course landscape maintenance as early as 5:30 a.m. (Attachment 3). The City of Indian Wells allows golf course landscape maintenance as early as 6:00 a.m. City Golf Course Maintenance Restrictions La Quinta No noise that exceed 50db(A) between 10:00 p.m. to 7:00 a.m. for sensitive uses Indian Wells Maintenance can begin at 6:00 a.m. Palm Desert Exempts maintenance (except blowers) between 5:30 a.m. -7:00 p.m. Palm Springs Exempts maintenance between 5:30 a.m.-8:00 p.m. This zoning text amendment proposes to address golf course noise and limit the golf course landscape maintenance noise to the hours of 5:30 a.m. and 8:00 p.m., consistent with standards of other Coachella Valley cities and to allow golf course clubs to continue their business unencumbered. The standards of Section 9.100.210, Noise Control, are proposed to be modified as follows (Attachment 3): • Golf course maintenance activities. All golf course related maintenance Page 3 of 3 activities may begin at 5:30 a.m. and end at 8:00 p.m. • Enforcement. The city manager or his or her designee shall have the responsibility and authority to enforce the provisions of this section. AGENCY AND PUBLIC REVIEW Public Notice: This project was advertised in The Desert Sun newspaper on November 3, 2017. To date, no comments have been received from the public or other City Departments, including the Public Works, Building, Fire, and Code Compliance divisions. Public notices were also provided to La Quinta home owner associations for distribution. ENVIRONMENTAL REVIEW The Design and Development Department has prepared a Negative Declaration under CEQA in that this action will not have a significant effect on the environment. Staff recommends certification of the Negative Declaration. Prepared by: Cheri Flores, Senior Planner Reviewed by: Gabriel Perez, Planning Manager Attachments: 1. PGA West request letter 2. PGA West CC&R’s 3. City Noise Ordinances (Indian Wells, Palm Desert, Palm Springs, and Rancho Mirage) PLANNING COMMISSION RESOLUTION 2017 - ___ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND SECTION 9.100.210 OF THE LA QUINTA MUNICIPAL CODE RELATING TO NOISE RELATED TO GOLF COURSE MAINTENANCE ACTIVITIES CASE NUMBER: ENVIRONMENTAL ASSESSMENT 2017-0012 ZONING ORDINANCE AMENDMENT 2017-0003 APPLICANT: CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14th day of November, 2017, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to amend Section 9.100.210 of the La Quinta Municipal Code, as identified by Title of this Resolution; and WHEREAS, the Design and Development Department published a public hearing notice for this request in The Desert Sun newspaper on November 3, 2017, as prescribed by the Municipal Code; and, Environmental Assessment 2017-0012 WHEREAS, said Zoning Ordinance Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63). The Design and Development Department has prepared a Negative Declaration under CEQA in that this action will not have a significant effect on the environment. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.210.020 of the Municipal Code to justify approval of said Environmental Assessment [Exhibit A]: 1. The proposed zoning ordinance amendment will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2017-0012. 2. The proposed zoning ordinance amendment will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. Planning Commission Resolution 2017 - ___ Zoning Ordinance Amendment 2017-0003 Applicant: City of La Quinta Adopted: November 14, 2017 Page 2 of 3 3. There is no evidence before the City that the proposed zoning ordinance amendment will have the potential for an adverse effect on wildlife resources of the habitat on which the wildlife depends. 4. The proposed zoning ordinance amendment will not result in impacts which are individually limited or cumulatively considerable. 5. The proposed zoning ordinance amendment will not have environmental effects that will adversely affect the human population, either directly or indirectly. Impacts associated with noise and air quality will be less than significant. Zoning Ordinance Amendment 2017-0003 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings to recommend approval of said Zoning Ordinance Amendment [Exhibit B] to the City Council: 1. Consistency with General Plan The code amendments are consistent with the goals, objectives and policies of the General Plan. The proposed amendments are supported by Policy LU-1.2 regarding land use decisions upholding rights and needs of property owners and the general public and Goal LU-6 regarding the City having a balanced and varied economic base. Additionally, Goal OS-1 for the preservation, conservation and management of the City’s open space lands and scenic resources for enhanced recreational, environmental and economic purposes, and Goal OS-3 for the preservation of scenic resources as vital contributions to the City’s economic health and overall quality of life. 2. Public Welfare Approval of the code amendments will not create conditions materially detrimental to the public health, safety and general welfare. The amendments assist in implementation of the General Plan and do not incorporate any changes that affect the regulation and/or provision of public services, utility systems, or other foreseeable health, safety and welfare considerations. . Planning Commission Resolution 2017 - ___ Zoning Ordinance Amendment 2017-0003 Applicant: City of La Quinta Adopted: November 14, 2017 Page 3 of 3 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the findings of the Planning Commission in this case. SECTION 2. That the Planning Commission does hereby recommend approval of Zoning Ordinance Amendment 2017-0003, as set forth in attached Exhibit B, to the City Council for the reasons set forth in this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held this 14th day of November, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________ PAUL QUILL, Chairperson City of La Quinta, California ATTEST: ____________________________________________ GABRIEL PEREZ, Planning Manager City of La Quinta, California EXHIBIT A 9.100.210 Noise control. A. Purpose. The noise control standards for nonresidential land use districts set forth in this section are established to prevent excessive sound levels which are detrimental to the public health, welfare and safety or which are contrary to the public interest. B. Noise Standards. Exterior noise standards are set forth below. Residential property, schools, hospitals, and churches are considered noise sensitive land uses, regardless of the land use district in which they are located. All other uses shall comply with the “other nonresidential” standard. All noise measurements shall be taken using standard noise measuring instruments. Measurements shall be taken within the receiving property at locations determined by director to be most appropriate to the individual situation. Land Use Compatibility for Community Noise Environments Land Uses CNEL (dBA) 50 55 60 65 70 75 80 Residential – Single Family Dwellings, Duplex, Mobile Homes A B C D Residential – Multiple Family A B C D Transient Lodging: Hotels and Motels A B C D School Classrooms, Libraries, Churches, Hospitals, Nursing Homes and Convalescent Hospitals A B C D Auditoriums, Concert Halls, Amphitheaters B C EXHIBIT B Land Uses CNEL (dBA) 50 55 60 65 70 75 80 Sports Arenas, Outdoor Spectator Sports B C Playgrounds, Neighborhood Parks A C D Golf Courses, Riding Stables, Water Recreation, Cemeteries A C D Office Buildings, Business, Commercial and Professional A B D Industrial, Manufacturing, Utilities, Agriculture A B D Source: California Department of Health Services, “Guidelines for the Preparation and Content of the Noise Element of the General Plan,” 1990. Chart Legend A = Normally Acceptable: With no special noise reduction requirements assuming standard construction. B = Conditionally Acceptable: New construction or development should be undertaken only after a detailed analysis of the noise reduction requirement is made and needed noise insulation features included in the design. C = Normally Unacceptable: New construction is discouraged. If new construction does proceed, a detailed analysis of the noise reduction requirements must be made and needed noise insulation features included in the design. D = Clearly Unacceptable: New construction or development should generally not be undertaken. Exterior Noise Standards Receiving Land Use Noise Standard Time Period Noise sensitive 65 dB(A) 7:00 a.m.—10:00 p.m. 50 dB(A) 10:00 p.m.—7:00 a.m. Other nonresidential 75 dB(A) 7:00 a.m.—10:00 p.m. 65 dB(A) 10:00 p.m.—7:00 a.m. If the noise consists entirely of impact noise, simple tone noise, speech or music, or any combination thereof, each of the noise levels specified in the table in this section shall be reduced by five dB(A). C. Noise Limits. It is unlawful for any person at any location within the city to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, when such noise causes the noise level, when measured on any adjacent property, to exceed: 1. The noise standard for a cumulative period of more than thirty minutes in any hour; 2. The noise standard plus five dB(A) for a cumulative period of more than fifteen minutes in any hour; 3. The noise standard plus ten dB(A) for a cumulative period of more than five minutes in any hour; 4. The noise standard plus fifteen dB(A) for a cumulative period of more than one minute in any hour; or 5. The noise standard plus twenty dB(A) for any period of time. 6. For purposes of this section, the term “cumulative period” means the number of minutes that a noise occurs within any hour, whether such minutes are consecutive or not. D. Ambient Noise Level. If the ambient or background noise level exceeds any of the preceding noise categories, no increase above such ambient noise level shall be permitted. E. Exemptions. The following are exempt from the noise restrictions of this section: 1. Emergency vehicles or other emergency operations. 2. City maintenance, construction or similar activities. 3. Construction activities regulated by Section 6.08.050 of the La Quinta Municipal Code. F. Enforcement. The city building official city manager or his or her designee shall have the responsibility and authority to enforce the provisions of this section. (Ord. 550 § 1, 2016) G. Golf Course Maintenance Activities. Golf course maintenance activities may begin at 5:30 a.m. but must end no later than 8 p.m. on any given day. ATTACHMENT 1 for the maintenance, repair, replacement, restoration and reconstruction of such Drainage Improvements, ingress and egress to the extent reasonably necessary for tlie foregoing pwpo!::e.'.:, n.nd for any other pw-poses as more particularly described in any such document. (b) Easement of Record. Ptirsuant to the Easement Deed recorded on April 8, 1996, as Inst:rument No. 125663 of the Official Records, KSL Land JI Corporation, a Delaware corporation granted easements more particularly described therein to KSL Desert Resorts, Inc., a Delav.rare corporation, appurtenant to the Golf Course Property over the portions of the Covered Property designated as "common area" or "private streets" (the "Easement Area") which is owned by the Association for: (i) The construction, installation, use, maintenance, operation, repair, replacement of and access to (A) roads, streets, golf cart paths, walkways, bridges, tunnels and other ways now or hereafter located or to be constructed on the Easement Area for the purpose of serving the Golf Course Property ind (B) the Golf~ourse Property and the Improvements located thereon; and (ii) Pedestrian and vehicular (including golfcarts) ingress and egress to and from and parking on (if parking areas are a part of any applicable development plan) the (C) Golf Course · Property and the Improvements thereon, and (D) roads, streets, golf cart paths, ·walkways, . bridges, tunnels md other ways now or hereafter located upon the Golf Course Property. ;ection 1.58. Golf Course Hazards. "Golf Course Hazards" shall mean (a) the stray golf balls, .notarized golf carts, golfers and other traffic or events inherent to the activities on the Golf Course Property, (b) additional trees, shrubs and other landscaping, or the growth of existing trees, shrubs and other landscaping on the Golf Course Property, (c) irrigation and overspray from irrigation facilities and . the use of reclaimed water on the Golf Course Property, (d) construction or installation of fencing and other improvements, (e) overseeding with Winter Rye in the Fall and the heavy use of fertilizers, pesticides and other chemicals that may be applied to the Golf Course Property, (f) changes to the Golf Course Property, including, without limitation, changes in grade, changes in the location, configur.ation, size and elevation of fences, trees, bunkers, fairways and greens, (g) disturbances, traffic and other noise from the club house, go~f course, parking ~eas, driving range, or any other portions of the Golf Course · Property :µid the Golf Cart Paths, caused by activities inherent to recreation, golf colirse and club house _ properties su.ch as mowing of putting greens, fairways, roughs.and around trees, the use of blowers, · aerifiers, mulchers, tractors, utility vehicles and other equipment, circulation pumps, compressors 'and wells for water features, (h) early morning and late night play or maintenance activities, (i) loss of privacy of Separate Interests that are in near proximity to the golf course or the golf cart paths, G) the visibility of lights used in connection with any driving range, clubhouse, or from ·any other go!fing, or golf-related activities, and (k) the presence of rodents or pests or the existence ofrodent or pest control activities upon the Golf Course Pro pert}'. ' ' ·Section L59. Golf Course Owner. "Golf Course Owner" shall mean KSL Desert Resorts, Inc., a Delaware corporation, in its capacjty as ovmer and operator of the Golf Course Property, and any successor in title to the Golf Course Property. 14 OC DOCS'll 72875.9 ATTACHMENT 2 . . . . partner.::, subsidiruie:.; and.affiliated compal"}ie.s ofDec!arant, any Participating Builder, and all of the offlcers, employees, directors and agents of any of them, free of liability from such damages, costs, expenses or charges incurred in coru1ection there1,vith, such as, but not limited to, attorneys' fees and court costs and costs incurred by reason of injury to property or injury to persons caused by any modification or alteration of such post tension slabs . . Section 10.20. Golfing Indemnity. By accepting a deed to a Separate Interest or Association Property, each Owner, for himself or herself, and the Association, for itself, and for their respective invitees • . > personal representatives, assigns, heirs and next of kin, agents, employees (collectively, the "Related Parties'_') here.by: (a) Aclr..nowledge (i) the potential effect on a Separate)nterest or on Association Property of · the Golf Col}Ise Hazards, (ii) the impairment of any existing views; (iii) the potential for personal inju.ry, death or damage to personal property; (iv) the potential for damage to any Improvern~nts, including, without limitation, stucco, tile roofs and v-.~ndows of any structure, attributable to Golf Course Hazards; (v) the potentia1 for any adverse effect on any landscaping installed by an Ovmer within such O~er' s Separate Interest or by the Association within the Association Property arising from or attributable to the use of reclaimed water on such Golf Course Property by the owner thereof, and (vi) the potential for nuisances created by or arising from the Golf Course Property, including, without limitatfon, iandscaping and maintenance of the Golf Course Property and early.morning and late night play or .. · maintenance activities and visibility of lights used in connection with any driving range or clubhouse, if any, installed by the oViner o.f the Golf Cour~e Property; (b) · Assume the risk of any property damage, personal injury or death and/or creation or maintenance. of a trespass or nuisance created by or arising in connection with Golf Course Hazards or any matters described above (collectively, "Assumed.Risks''); ( c) Release, waive, discharge, and covenant not to sue, and agree to indemnify and to hold harmless Declarant, any Participating Builder, Golf Course Owner, their directors, shareholders, affiliates, agents and employees, and the City (collectively, the "Released Parties"), and each of them, from. any and all liability to the Related Parties for any losses, costs (including, without limitation; attorneys' fees), claims, demands, suitsjui:l.gments or other obligations arising out of or connected with any of the.~ssumed Risks, whether caused by the ·negligence of the Related. Parties or otherwise; . . (d) Ackno\vledge that Declarant, any Participating Builder and th~ Association have no obligation or right to regulate or control the. Golf Colirse Property or any activitie.? thereon, in any way or manner except as specifically set forth in this Declaration and the Golf Course Easement Agreement in connection with the maintenance of Association Wails and Fences, Golf Cart Paths and Drainage Improvements located upon the Golf Course Property and the ·covered Property as provided in the Golf ·Course Easement Agreement. Golf Course Owner has the unilateral right to install any trees or other landscaping or construct any Improvements arany location within the Golf Course Property approved by the City, which could be in near proximity to any Separate Interest adjoining the Golf Course Property; (e) Acknowledge and agree that Declarnnt or any Participating Buildei:; makes no warranties . or representations that a golf course \Vill be developed and constructed adjacent to the Covered Property 82 or that, if so developed and constructed, \Vill be nrninlained and operated in the manner that existed or w~ contemplated at the time of the recordation of this Declaration .. Section 10.21. No Special light to Use Golf Course Property. Each Ovmer, by acceptance of a deed or other conveyance to his or her Separate Interest, acknowledges and agrees that the Golf Course Property is separate from the PGA \VEST Fairways Development and does not comprise Association Property or Conunon Aiea and that no Owner shall have any special right or privilege to enter upon or . use the Golf Course Property or the golf course faciiities which may be developed thereon, other than pursuant to the t~rrns and provisions of the Golf Course Easement Agreement and such terms and . conditions as are offered to members of the general public from time to time. . . . Section 10.22. Sub-Association Use Restrictions. Nothing herein shall prevent a Sub-Association from·· adopting use restrictions for its portion of the Covered Property which are more restrictive than those set forth herein, provided that such restrictions shall in no way modify tl\e provisions-hereof.. ARTICLE XI. DESTRUCTION OF IMPROVEMENTS Section 11.1. Boa.rd Action. The Board is hereby designated to represent a11 Affected Owners in any . proceedings, negotiations, settlements or agreements that pertain to the allocation o'f any losses, awards, or proceeds from damaged or destroyed Insur.ed Improvements as hereinafter provided in this i\.rticle . . . (a) Acceptable Range of Recoristrubtion Cost. The Board shall ·ascertain the cost ofrepair:, . replacement or reconstruction of any damaged or destroyed Insured Improvements by obtaining fixed . price bids from at least two (2) reputable contractors, which bids shall include the obligation of the · contractor to obtain a performance bond, ifthe Board deems that such bids are necessary or appropriate. The Board shall ftuther have full authority to negotiate with representatives of the insurer and to make ·settlement with th~ insurer for less than full insurance coverage on the damage. Any settlement made by ·the Board in good faith shall be binding upon all Affected Owners .. After the settlement has been .. approved by the Board, any two· (2) directors of the Association may sign a loss claim form and release ·form in connection with the settlement "of a loss claim. . (b) ·Notice to.Affected Owners in Special Benefits Area. The Board shall promptly cause notice to be delivered to all Affected Owners in a Special Benefits Area if, during the process of · determiiling the Acceptable Range of Reconstruction Cost, it appears likely that the cost of the repair, replacement or reconstruction of any damaged or destroyed Insured Residential Improvements or Insured·Special Benefits Use Improvements within such Special Benefits Aiea will exceed the total of . (i) the amount of the insurance proceeds that'will be paid to the Association to cover such damaged or · destroyed Insured Improvements pursuant to the policy'of fire and casualty insurance maintained by the . Association for such purpose, and (ii) the deductible amount set forth in s·uch insurance policy for such . casualty loss. All such notices shall specify the estimated amount of the Reconstruction Assessment that would need to be levied by the Association to cover the amount by which the cost of the repair, _replacement or reconstruction of such Insured Improvements exceeds the amount of the insurance proceeds that have been or "\Vill be paid to the Association for such purpose. 83. 7127/2017 Indian Wells Municipal Code Up Previous Next Title 9 PEACE. SAFETY AND MORALS Cha er 9.06 NOISE 9.06.010 Purpose. Main Chapter 9.06 NOISE Collapse Search Print No Frames The purpose of this Chapter is to control unnecessary, excessive, and annoying noise in the City as specified in this Chapter. (Ord. 277 § 3, 1991) 9.06.020 Definitions. The following words, phrases, and terms as used in this Chapter shall have the meaning as indicated below: "Ambient noise level" means the all encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. "Cumulative period" means an additive period of time composed of individual time segments which may be continuous or interrupted. "Decibel" or "dBA" means a unit which denotes the ratio between two (2) quantities which are proportional to power; the number of decibels corresponding to the ratio of two (2) amounts of power is ten (10) times the logarithm to the base of ten (10) of this ratio. "Emergency work" means the use of any machinery, equipment, vehicle, manpower or other activity in an effort to protect, maintain, provide or restore safe conditions in the community or for citizenry, or work by private or public utilities when restoring utility service. "Grading" means any excavating or drilling of earth material or any combination thereof conducted to prepare a site for construction or the placement of the improvements thereon. "Leaf blower" means portable power equipment that is powered by fuel or electricity, either hand held or transported on the back, and used in any landscape maintenance, construction, property repair, or property maintenance for the purpose of blowing, dispersing or redistributing dust, dirt, leaves, grass clippings, cuttings and trimmings from trees and shrubs or other debris. "Mobile noise source" means any noise source other than a stationary noise source. "Noise level" means the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of twenty micropascals. The unit of measurement shall be designated as dBA. http://qcode.us/codes/indianwells/ 1/10 ATTACHMENT 3 7127/2017 Chapter 9.06 NOISE "Person" means a person, firm, association, co-partnership, joint venture, corporation or any entity, public or private in nature. "Power equipment" means equipment that is powered by fuel or electricity and used in any landscape maintenance, construction, property repair, or property maintenance. "Residential property" means a parcel of real property which is developed and used either in part or in whole for residential purposes other than transient uses such as hotels and motels, and other than nonconforming residential uses within nonresidential zones. "Simple tone noise" or "pure tone noise" means a noise characterized by the presence of a predominant frequency or frequencies such as might be produced by a whistle or hum. "Sound level meter'' means an instrument that meets or exceeds American National Standards Institute's Standard Sl.4 1971 for type 2 sound level meters for an instrument and the associated recording and analyzing equipment which will provide equivalent data. "Sound pressure level" means a sound pressure level of a sound, in decibels, as defined in ANSI Standards 51.2 1962 and 51.13 1921; that is, twenty (20) times the logarithm to the base ten of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be 0.0002 dryness per square centimeter. "Stationary noise source" means the source which is often referred to as "fixed source" (non- transportation related) including, but not limited to, mechanical electric equipment, various power tools, construction, commercial, industrial and agricultural activity and animal noise. (Ord. 438 § 1, 1998; Ord. 3S9 § 1, 1995; Ord. 277 § 3, 1991) 9.06.030 Sound level measurement-General. --- (a) Use of Sound Level Meter. Any noise level measurements made pursuant to the provisions of this Chapter shall be performed using a sound level meter as defined in Section 9.06.020. If the sound standard applied pursuant to this Chapter is not measured in decibels, then sound level measurements are not required to establish a violation of this Chapter. (b) Location for Measuring Exterior Noise Levels. The location selected for measuring exterior noise levels shall be at any point on the receiver's affected property. In the case of interior noise measurements, the windows shall be in normal seasonal configuration (closed during the months of May through September) and the measurement shall be made at a point at least four feet (4') from the wall, ceiling or floor nearest the affected occupied area. (Ord. 684 § 1, 201S; Ord. 3S9 § 1, 199S; Ord. 277 § 3, 1991) 9.06.040 Noise standards. (a) Exterior Noise Standards. (1) Standards for Residential Properties. The following exterior noise standards, unless otherwise specifically indicated in this Chapter for all residential properties shall be: SS dBA 7:01 a.m. to 10 p.m. http://qcode.us/codes/indianwells/ 2110 7127/2017 Chapter 9.06 NOISE SO dBA 10:01 p.m. to 7 a.m. (2) Noise Level Categories. It is unlawful for any person at any location within the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, that exceeds, when measured on any other residential property the exterior residential noise standard by: Decibels Cumulative Period (i) +3 30 minutes/hour (ii) +5 15 minutes/hour (iii) +10 5 minutes/hour (iv) +15 1 minute/hour (v) +20 Not to be exceeded. (3) Ambient Noise Level. If the ambient noise level exceeds that permitted by the noise limit categories specified in subsections (a)(2)(i) and (a)(2)(ii) of this Section, the allowed noise limit shall be increased in five (5) dBA increments in each category to encompass the ambient noise level. If the ambient noise level exceeds the noise level category set forth in subsection (a)(2)(v), the maximum ambient noise level shall be the noise limit set forth in subsection (a)(2)(v) of this Section. (b) Interior Noise Standards. (1) Standards for Residential Properties. It is unlawful for any person to create any noise from inside his or her unit that causes the noise level, when measured in a neighboring unit during the period 10:00 p.m. to 7:00 a.m., to exceed: Decibels (i) 45 dBA (ii) 50 dBA (iii) 55 dBA Cumulative Period more than 5 min. in any hour more than 1 min. in any hour in any period of time (2) Ambient Noise Level. In the event the ambient noise level exceeds the noise limit set forth in either subsection (b)(l)(i) or (b)(l)(ii) of this Section, the cumulative period applicable to said category shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the noise limit set forth in subsection (b)(l)(iii) of this Section, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. (Ord. 359 § 1, 1995) 9.06.041 Exceptions. The following activities shall be exempted from the noise standard provisions of Section 9.06.040: (a) School bands, school athletic and school entertainment events. School entertainment events shall not include events sponsored by student organizations; (b) Outdoor gatherings, public dances, shows and sporting and entertainment events, provided said events are conducted pursuant to a discretionary license or permit by the City; http://qcode.us/codes/indianwells/ 3/10 7127/2017 Chapter 9.06 NOISE (c) Activities conducted on parks and public playgrounds, provided such parks and public playgrounds are owned and operated by a public entity; (d) Any mechanical device, apparatus, emergency generator having a maximum generation of fifteen thousand (15,000) kilowatts, equipment related to or connected with emergency activities or emergency work, but only for the period in which there is an emergency and, in the case of emergency generators, only during a power outage and routine testing of generators; (e) Noise sources associated with construction or landscape maintenance activities during the hours specified by Section 9.06.047(b); provided, however, that the operation of an internal combustion engine shall not be exempt pursuant to this subsection if such engine is not equipped with suitable exhaust and intake silencers which are in good working order. The Planning Director may permit work to be done during the hours not exempt by this subsection in the case of urgent necessity and in the interest of public health and welfare for a period not to exceed three (3) days. Application for this exemption may be made in conjunction with the application for the work permit or during progress of the work; (f) Maintenance of trees and residential property by the property occupant him/herself provided said activities take place between the hours of 7:00 a.m. and 6:00 p.m.; (g) Tree and park and street maintenance activities conducted by the City; (h) Any activity to the extent provisions of Chapter 65 of Title 42 of the United States Code, and Articles 3 and 3.5 of Chapter 4 of Division 9 of the Public Utilities Code of the State of California preempt local control of noise regulations and land use regulations related to noise control of airports and their surrounding geographical areas, any noise source associated with the construction, development, manufacture, maintenance, testing or operation of any aircraft engine, or of any weapons system or subsystems which are owned, operated or under the jurisdiction of the United States, any other activity to the extent regulation thereof has been preempted by State or Federal law or regulation. (Ord. 626 § 1, 2009; Ord. 359 § 1, 199S) 9.06.042 Schools, hospitals, and churches. It is unlawful for any person to create any noise which causes the noise level at any school, hospital or church while the same is in use to exceed the noise limits as specified in subsection (a) of this Section, or which noise level unreasonably interferes with the use of such institutions or which unreasonably disturbs or annoys patients in the hospital, provided conspicuous signs, conforming to applicable law and as may be required to be approved by applicable authority, are displayed in three (3) separate locations within one-tenth (1/10) of a mile of the institution indicating the presence of a school, church, or hospital. (Ord. 359 § 1, 199S) 9.06.043 Residential pumps, fans, and air conditioners. (a) It is unlawful for any person to operate any residential fans, air conditioners, stationary pumps, stationary cooling towers, stationary compressors, similar mechanical device or any combination thereof installed after August 16, 1991 in any manner so as to create any noise which would cause the maximum noise level to exceed: (i) sixty (60) dBA at any point at least one (1) foot inside the property line of the affected residential property and three (3) to five (5) feet above ground level; (ii) fifty-five (5S) dBA in the center of a neighboring patio three (3) to five (S) feet above ground level; (iii) fifty-five (SS) dBA outside of the neighboring living area window nearest the equipment location. Measurements shall be taken with the microphone not more than three (3) feet from the window opening but at least three (3) feet from any other surface. (b) Equipment installed after August 18, 1996 must comply with a maximum limit of fifty-five (SS) dBA at any point at least one (1) foot inside the property line of the affected residential property and three (3) to five (5) feet above ground level. http://qcode.us/codes/indianwells/ 4/10 7127/2017 Chapter 9.06 NOISE (c) Equipment installed before August 18, 1991 must comply with a limit of sixty-five (65) dBA maximum sound level, at any point at least one (1) foot inside the property line of the affected residential property and three (3) to five (5) feet above ground level after the effective date of this Chapter. (Ord. 359 § 1, 1995) 9.06.044 Off-road vehicles. It is unlawful for any person to operate any motorcycle or recreational off-road vehicle on or off a public road in such a manner that the noise level exceeds the exterior noise standards specified in subsection 9.06.040(a). (Ord. 359 § 1, 1995) 9.06.045 Waste disposal vehicles. It is unlawful for any person authorized to engage in waste disposal service or garbage collection to operate any truck mounted waste or garbage loading and/or composting equipment or similar mechanical device in any manner so as to create any noise exceeding the following level, when measured at a distance of fifty (50) feet from the equipment or any residential property: (a) New equipment purchased or leased on or after February 16, 1992 shall not exceed a noise level of eighty (80) dBA. (b) New equipment purchased or leased on or after February 16, 1995 shall not exceed a noise level of seventy-five (75) d BA. (c) No equipment shall exceed a noise level of eighty (80) dBA after August 18, 1996. (Ord. 359 § 1, 1995) 9.06.047 Construction or landscape maintenance noise. Construction, landscape maintenance, and similar activities shall be limited to the following hours unless a temporary waiver is granted by the Planning Director or his/her authorized designee: Monday -Friday Saturday 7:00 a.m. -5:00 p.m. 8:00 a.m. -5:00 p.m. No usage on Sundays or National Holidays* * New Year's Day, Martin Luther King Day, Presidenrs Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, ThanksgMng Day, Day After Thanksgiving and Christmas Day. (Ord. 438 § 3, 1998; Ord. 392 §§ 1-2, 1996; Ord. 366 (Exhibit A), 1995; Ord. 362 (Exhibit A), 1995; Ord. 359 § 1, 1995; Ord. 330 § 1, 1993; Ord. 300 §§ 1-3, 1992; Ord. 277 § 3 (Exhibit A), 1991) 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. (b) Leaf blowers. Golf course operators may operate leaf blowers in conjunction with general maintenance subject to the hours of operation as specified in Section 9.06.047. http://qcode.us/codes/indianwells/ 5/10 7127/2017 Chapter 9.06 NOISE (c) Noise Levels. All golf course activities are subject to the general noise and hour regulations except as noted in this Section. (Ord. 438 § 4, 1998) 9.06.049 Restrictions and waivers. (a) Leaf Blower Motor Specifications. All non-electric powered leaf blowers shall be equipped with a permanently installed limiter that restricts the individual equipment motor performance to half throttle speed or less, to produce not more than seventy (70) decibels dBA measured at the midpoint of a wall area twenty (20) feet long and ten (10) feet high and at the horizontal distance fifty (50) feet away from the midpoint of the wall, or not more than seventy-six (76) decibels dBA at a horizontal distance of twenty-four (24) feet using a sound level meter set at Level A. (b) Prohibited Uses. No leaf blower shall be operated within a distance of ten (10) feet of any neighboring window, door, or mechanical air intake opening or duct. (c) Non-Electric Powered Leaf Blowers. Except as provided for in Section 9.06.048, Golf Courses, non- electric powered leaf blowers shall be prohibited in all zones within the City. (d) Disposal of Dirt, Dust. Debris, Leaves, Grass Clippings, Etc. Operation of power equipment shall not cause dirt, dust, debris, leaves, grass clippings, cuttings or trimmings from trees or shrubs to be blown or deposited on any adjacent or other parcel of land, lot, or public right-of-way/property other than the parcel, land, lot upon which the power equipment is being operated. Deposits of dirt, dust, leaves, grass clippings, debris, cuttings or trimmings from trees or shrubs shall be removed and disposed of in a sanitary manner which will prevent dispersion by wind, vandalism, or similar means within six (6) hours of deposit by the user or property occupant. (e) Waivers. (1) Limited Temporary Waivers. The Planning Director may issue a temporary waiver allowing construction or landscape maintenance activities that may cause intermittent noise between six a.m. to seven a.m. from June 1st through September 14th, Monday through Friday. The waiver shall not allow the operation of heavy equipment, internal combustion engines, pneumatic tools or power equipment before 7:00 a.m. Upon receipt by the Building and Safety Division of the Community Development Department of two (2) written complaints identifying the address where the noise violation occurred, the time of the violation, and the name of the complainant, the Department shall commence an investigation. If in the opinion of the Department a violation of the temporary waiver or of this Chapter has occurred, notice of revocation shall be served on the permittee or any worker on the job site and posted on the job site. The revocation hearing may be held with at least twenty-four (24) hours' notice to the permittee. The director's decision may be appealed to the City Council. The written appeal must be filed with the City Clerk within ten (10) days of the decision. Appeals do not stay the decision of the Director. A fee for the waiver shall be charged in the amount set by resolution. In the absence of a resolution setting a flat fee, the fee shall be the amount necessary to reimburse the City for expenses incurred with respect to issuing, administering or enforcing the waiver or conditions thereof. The fee imposed shall not exceed the actual administrative costs, including applicable overhead costs as permitted by Federal Circular A 87 standards. (2) Limited Temporary Waivers. The City Council may issue a temporary waiver allowing construction activities that may cause intermittent noise between 6 a.m. to 10 p.m. Monday through Saturday. A waiver may be granted if the noise source is located at least nine hundred (900) feet from a residential neighborhood, will not disturb residential areas and there is documented urgency to complete construction. The waiver shall make findings as herein required, State which sections are waived and shall State all applicable mitigation measures. The waiver may be issued for a limited term. Upon receipt by the Building and Safety Division of the Community Development Department of two (2) written complaints identifying the address where the noise violation occurred, the time of the violation, and the name of the complainant, the Department shall commence an investigation. If in the opinion of the Department a violation of the temporary waiver or of this Chapter has occurred, notice of violation shall be served on the permittee or any worker on the job site and posted on the job site. A revocation hearing before the City Council may be held with at least twenty-four (24) hours notice to the permittee. In the absence of a resolution setting a flat fee, the fee shall http://qcode.us/codes/indianwells/ 6/10 7127/2017 Chapter 9.06 NOISE be the amount necessary to reimburse the City for expenses incurred with respect to issuing, administering or enforcing the waiver or conditions thereof. The fee imposed shall not exceed the actual administrative costs, including applicable overhead costs as permitted by Federal Circular A 87 standards. (Ord. 438 § 5, 1998) (3) Limited Provisional Waivers. After holding a public hearing, the City Council may in its discretion issue a provisional waiver for a limited term allowing construction activities between 10 p.m. and 6 a.m. Monday through Saturday if the noise source is located at least nine hundred feet (900') from a residential neighborhood and there is documented urgency to complete construction. Without notice or hearing, the City Council may terminate the provisional waiver or modify the conditions under which it was issued. Termination or modification without notice or hearing is necessary to account for the increased adverse response to noise during these time periods. Absent such controls, this Chapter authorizing provisional waivers would not have been adopted. (Ord. 514 § 1, 2002) (4) Bridge Reconstruction Waivers (Miles Avenue). The Planning Director may issue a temporary waiver allowing Miles Avenue Bridge re-construction activities that may cause intermittent noise between 6:00 a.m. to 7:00 a.m. from June 1st through September 14th, Monday through Friday and early morning concrete and or asphalt installation due to climatic conditions between 2:00 a.m. to 7:00 a.m. from June 1st through September 14th, Monday through Friday. If any written complaints are received, without notice of hearing the Planning Director may terminate the provisional waiver or modify the conditions as necessary under which it was issued to account for the increased adverse response to noise during these time periods. Following the Planning Director's decision the provisional waiver will be placed on the next City Council Agenda for final determination review. (5) Warner Trail Sewer, Storm Drain and Street Widening Project. The Planning Director may issue a temporary waiver allowing construction activities for the Warner Trail Sewer, Storm Drain and Street Widening Project that may cause intermittent noise between 5:00 p.m. and 7:00 a.m. weekdays, and between 5:00 p.m. and 8:00 a.m. Saturdays from August 19, 2004 through October 15, 2004. If any written complaints are received concerning construction noise due to this Project during such time periods, then without notice or hearing, the Planning Director may terminate such waiver or impose any conditions he or she deems necessary to mitigate adverse impacts during these time periods. Following the Planning Director's issuance of a temporary waiver and/or decision to impose or not impose conditions following the subsequent receipt of complaints, the temporary waiver and/or decision of the Planning Director following receipt of any such complaint shall be placed on the next feasible City Council Agenda for ratification or disapproval by the City Council; provided, however, that any temporary waiver granted by the Planning Director shall remain in effect unless and until modified or terminated by the City Council. (6) Large Developments in Excess of Six Hundred (600) Acres (Site Access). Contractors or any person involved in the development of a single project site in excess of six hundred (600) acres is permitted vehicle access to the portion of the project site where work is to be performed (''the work site") after 6:00 a.m. Monday through Friday and after 7:00 a.m. on Saturday. Such access between the hours of 6:00 a.m. and 7:00 a.m. Monday through Friday, and 7:00 a.m. and 8:00 a.m. on Saturdays, shall be solely for the purposes of access to the work site and pre-construction set-up. The operation of heavy equipment such as grading equipment, internal combustion engines such as generators, pneumatic tools or power equipment except for the sole purpose of access to the work site, shall not take place prior to 7:00 a.m. Monday through Friday and 8:00 a.m. Saturday. (Ord. 563 § 2, 2004; Ord. 562 § 2, 2004; Ord. 538 § 3, 2003) 9.06.050 General noise regulations. (a) General Prohibition. Notwithstanding any other provisions of this Chapter and in addition thereto, it is unlawful, between the hours of 10:00 p.m. to 7:00 a.m. for any person to make or continue, or cause to be made or continued, any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of ordinary sensibilities from any curb line, or behind the public right-of-way boundary, fronting the property from which the noise emanates. http://qcode.us/codes/indianwells/ 7110 7127/2017 Chapter 9.06 NOISE (b) Standards for Determining a Violation. The standards which may be considered in determining whether a violation of the provisions of this Section exists shall include, but not be limited to, the following: (1) The sound level of the objectionable noise; (2) The sound level of the ambient noise; (3) The proximity of the noise to residential sleeping facilities; (4) The nature and zoning of the area within which the noise emanates; (5) The density of the inhabitation of the area within which the noise emanates; (6) The time of day or night the noise occurs; (7) Whether the noise is continuous, recurrent or intermittent; and (8) Whether the noise is produced by a commercial or noncommercial activity. (Ord. 684 § 2, 2015; Ord. 277 § 3, 1991) 9.06.051 Declaration of certain acts constituting excessive noise. The following activities are deemed to cause disturbing, excessive or offensive noises when they disturb the peace and quiet of any neighborhood or cause discomfort or annoyance to any reasonable person of ordinary sensibilities, and subject to the foregoing any of the following shall constitute prima facie evidence of a violation. (a) Horns, signaling devices, muffler systems, car alarms, etc. intentionally or negligently initiated and unnecessary use or operation of horns, signaling devices, uncontrolled muffler noises, car alarms on vehicles of all types including motorcycles, and other equipment. (b) The operation of any sound production or reproduction device, radio receiving set, musical instrument, drum, phonograph, television set, machine, loud speaker or sound amplifier or similar machine or device in such a manner as to be plainly audible from any curb line, or behind the public right-of-way boundary, fronting the property from which the noise emanates, including, without limitation, emanating from any building, structure or vehicle in which it is located, or from the specific place on that property on which the source is resting, or moving at any one moment. (c) The operation of any sound amplifier which is part of or connected to any radio, stereo receiver, compact disc player, cassette tape player, audible generating device or other similar device when operated in such a manner as to be plainly audible from any curb line, or behind the public right-of-way boundary, fronting the property from which the noise emanates, or from the specific place on which the source is resting, or moving at any one moment, or when operated in such a manner as to cause a person to be aware of vibration at any distance from the specific place on which the source is resting, or moving at any one moment. (d) The playing, use or operation of, or permitting to be played, used or operated, any sound production or reproduction device, radio receiving set, musical instrument, drums, phonograph, television set, loudspeaker or sound amplifiers or other machine or device for the producing or reproducing of sound. (Ord. 684 § 3, 2015) 9.06.060 Special conditions permits. Notwithstanding any provision of this Chapter, the Community Development Director may grant special condition permits for a period not exceeding three (3) days when the general purpose and intent of this Chapter can be carried out by the granting of the special condition permit, provided, however, that no permit shall be issued for any activity which violates any provision of Section 9.06.040(a). Said special condition permits may be renewed for a period not to exceed three (3) days at the discretion of the Community Development Director. (Ord. 277 § 3, 1991) http://qcode.us/codes/indianwells/ 8/10 7127/2017 Chapter 9.06 NOISE 9.06.070 Variances procedures. (a) Application and Fee. The owner or operator of a noise source which violates any of the provisions of this Chapter may file an application with the Community Development Director for a variance from the provisions thereof. The application shall set forth all actions taken to comply with this Chapter, the reasons why immediate compliance cannot be achieved, a proposed method for achieving compliance and a proposed time schedule for its accomplishment. If the applicant determines that compliance cannot be feasibly achieved at all, the application shall also set forth the reasons for such determination, the actions which have been taken to comply with this Chapter, a proposed method for complying as nearly as is feasible and a proposed time schedule for its accomplishment. Said application shall be accompanied by a fee in the amount established by resolution of the City Council. (b) Application for More Than One Noise Source. A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership or several fixed sources on a single property may be combined into one application. (c) Referral to Planning Commission. Upon receipt of said application and fee, the Community Development Director shall refer the application with his or her recommendation thereon within thirty (30) days to the Planning Commission. (d) Public Hearing. Upon receipt of an application for a variance, the Planning Commission shall schedule a public hearing to be conducted within sixty (60) days of receipt of the application from the Community Development Director. During the public hearing, the applicant and the Community Development Director may submit oral and documentary evidence relative to their respective contentions. The Planning Commission may deny the application for a variance or may grant a variance. The Commission may grant a variance to permit a condition which violates this Chapter to exist. A variance may be for a limited period and may be subject to any other terms, conditions, and requirements as the Planning Commission deems reasonable to achieve maximum compliance with the provisions of this Chapter. Such terms, conditions, and requirements may include, but shall not be limited to, limitations of noise levels and operating hours. (e) Conditions of Variance. Each variance shall set forth the approved method of achieving maximum compliance and a time schedule for its accomplishment. In its determinations, the Planning Commission shall consider the magnitude of nuisance caused by the offensive noise, the uses of property within the area of impingement by the noise, the time factors related to the study, design, financing and construction of remedial work, the economic factors related to age and useful life of equipment and the general public interest and welfare. (f) Planning Commission Considerations. In deciding whether to grant a variance, the Planning Commission shall consider all facts relating to whether strict compliance with the requirement of this Chapter will cause practical difficulties, unnecessary hardship or unreasonable expense and any other relevant considerations, including, but not limited to, the fact that a commercial development commenced construction prior to the existence of a residence affected by noise from such facility. (g) Time Limit for Planning Commission Decision. The Planning Commission shall render a decision within sixty (60) days of completion of the hearing. The decision of the Planning Commission shall be transmitted to the applicant by the City Clerk. (h) Status of Applicant Until Variance is Granted. An applicant for a variance shall remain subject to prosecution under the terms of this Chapter until a variance is granted. (i) Appeals. (1) Within fifteen (15) days following the decision of the Planning Commission on an application, the applicant, or any affected resident or property owner may appeal the decision to the City Council by filing a notice of appeal with the secretary of the Planning Commission. In the case of an appeal by the applicant for a variance the notice of appeal shall be accompanied by a fee to be computed by the secretary on the basis of the estimated cost of preparing the materials required to be forwarded to the City Council as discussed http://qcode.us/codes/indianwells/ 9/10 7127/2017 Chapter 9.06 NOISE hereafter. If the actual cost of such preparation differs from the estimated cost a supplemental payment shall be made to the secretary. (2) Within ten (10) days following the receipt of a notice of appeal, the secretary of the Planning Commission shall forward to the City Clerk copies of the application for a variance and all papers and exhibits concerning said application received by the hearing board and its decision thereon. Any person may file with the City Clerk written arguments in favor or against said decision. (3) Within thirty (30) days following conduct of the hearing before the City Council, the Council shall either affirm, modify, or reverse the decision of the Planning Commission. In deciding the appeal, the City Council shall have the same powers as are conferred on the Planning Commission. The City Council may also direct the Planning Commission to conduct further proceedings on said application. Failure of the City Council to affirm, modify or reverse the decision of the Planning Commission or to direct the Planning Commission to conduct further proceedings within thirty (30) days from the date of the hearing will constitute an affirmation of the decision of the Planning Commission. (Ord. 277 § 3, 1991) 9.06.075 Duty to cooperate. No person shall refuse to cooperate with, or obstruct, any authorized person charged with the enforcement of this Chapter when such authorized person is engaged in the performance of his or her duties. (Ord. 684 § 4, 2015) 9.06.080 Violations-Penalty. Any person violating any of the provisions of this Chapter is guilty of an infraction and shall be subject to the maximum punishment set forth in State law or applicable City Code Section 8.08.060, provided that the first citation shall be a fine of two hundred fifty dollars ($250.00) and each subsequent citation shall be a fine of five hundred dollars ($500.00). Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. The provisions of this Chapter shall not be construed as permitting conduct not proscribed herein and shall not affect the enforceability of any other applicable provisions of law. (Ord. 684 § 5, 2015; Ord. 277 § 3, 1991) 9.06.090 Severability. If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. (Ord. 277 § 3, 1991) View the mobile version. http://qcode.us/codes/indianwells/ 10/10 7127/2017 Chapter 9.24 NOISE CONTROL Palm Desert Municipal Code Up Previous Next Main Collapse Search Print No Frames Title 9 PUBUC PEACE. MORALS AND WELFARE Cha r 9.24 NOISE CONTROL 9.24.010 Purpose. The city council finds and declares that: A. Inadequately controlled noise presents a growing danger to the health and welfare of the residents of the city of Palm Desert; and B. The making and creation of excessive, unnecessary or unusually loud noises within the limits of the city of Palm Desert is a condition that has existed for some time, however, the extent and volume of such noises is increasing; and C. The making, creation or maintenance of such excessive, unnecessary, unnatural or unusually loud noises that are prolonged, unusual and unnatural in their time, place and use affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the city of Palm Desert; and D. Every person is entitled to an environment in which the noise is not detrimental to his or her life, health, or enjoymentofproperty;and E. The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted, is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the residents of the city of Palm Desert. (Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 420, 1985) 9.24.020 Definitions "Ambient noise level" means the all encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. "Amplified music" means instrumental and/or vocal music amplified through electronic means. "Average sound level" means a sound level typical of the sound levels at a certain place during a given period of time; also, means an equivalent continuous sound level. "A-weighted sound level" means the sound pressure level in decibels as measured on a sound level meter using the A- weighting network. The level to read is designated db(A) or dBA. "Commercial establishments" includes, but is not limited to, any nightclub, restaurant, sports bar, industrial, retail or business establishment or combination thereof. "Construction equipment" means any tools, machinery or equipment used in connection with construction operations, including all types of "special construction" equipment as defined in the pertinent sections of the California Vehicle Code when used in the construction process on any construction site, home improvement site or property maintenance site, regardless of whether such site be located on-highway or off-highway. "Cumulative period" means an additive period of time composed of individual time segments which may be continuous or interrupted. "Decibel" means a unit measure of sound level noise. "Disturbance" means any disturbance of the peace as defined by Penal Code Section 415 or as otherwise defined herein. "Disturbing, excessive or offensive noise" means any sound or noise from any source in excess of the sound level or noise level set forth in Section 9.24.030. "Emergency machinery," "vehicle" or "work" means any machinery, vehicle or work used, employed or performed in an effort to protect, provide or restore safe conditions in the community or for the citizenry, or work by private or public http://qcode.us/codes/palmdesert/ 1/7 7127/2017 Chapter 9.24 NOISE CONTROL utilities when restoring utility service. "Fixed noise source" means a stationary device which creates sounds which are fixed or motionless including but not limited to industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditions and refrigeration equipment. "Gathering" means any convergence of five or more persons. "Impact noise" means the noise produced by the collision of one mass in motion with a second mass which may be either in motion or in rest. ''Noise level" means the same as "sound level." The terms may be used interchangeably herein. "Peace officer" means a duly appointed officer of the City, as defined in California Penal Code, Chapter 4.5, Sections 830 et seq. "Person" means a person, firm, association, copartnership, joint venture, corporation or any entity, public or private in nature. "Portable powered blower" means any mechanically powered device, regardless of the source of power, which is not stationary, and used for the purpose of blowing leaves, dirt or other debris off sidewalks, lawns or other surfaces. "Premises" means any real property or location at which a gathering may be held. "Sound level" (noise level) in decibels is the quantity measured using the frequency weighting of A of a sound level meter as defined herein. "Sound level meter" means an instrument meeting American National Standard Institute's Standard SL. 4-1974 for type 1 or type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. (Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 842 § 1, 1997; Ord. 691 § 1, 1992; Ord. 420, 1985) 9.24.030 Sound level limits. A. The following ten-minute average sound level limits, unless otherwise specifically indicated, shall apply as indicated in the following table as it relates to a fixed noise source or pool equipment pursuant to Section 25 .16.110 or leaf blowers pursuant to Section 9.24.075. Zone Residential-All Zones Public Institutional Commercial Manufacturing Industrial Agricultural Time 7 a.m. to lOp.m. 10 p.m. to 7 a.m. 7 a.m. to lOp.m. 1 O p.m. to 7 a.m. 7 a.m. to lOp.m. 10 p.m. to 7 a.m. 7 a.m. to lOp.m. 10 p.m. to 7 a.m. Applicable Ten-Minute Average Decibel Umit (A-Weighted) SS 4S 65 SS 65 SS 70 SS B. If the measured ambient noise level exceeds the applicable limit as noted in the table in subsection A of this section, the allowable average sound level shall be the ambient noise level. C. The sound level limit between two zoning districts shall be measured at the higher allowable district. (Ord. 1246 § 1, 2012; Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 1126A § 1, 2006; Ord. 1125 § 1, 2006; Ord. 691 § 2, 1992; Ord. 647 § 1, 1991; Ord. 420, 1985) http://qcode.us/codes/palmdesert/ 217 7127/2017 Chapter 9.24 NOISE CONTROL 9.24.040 Prohibited noise generally. A. It is unlawful for any person or property owner within the city of Palm Desert to make, cause, or continue to make or cause loud, excessive, impulsive or intrusive sound or noise that annoys or disturbs persons of ordinary sensibilities of a distance of greater than fifty feet from property line. B. The factors, standards, and conditions that may be considered in determining whether a violation of the provisions of this section has been committed, include, but are not limited to, the following: 1. The level of the noise; 2. The level and intensity of the background (ambient) noise, if any; 3. The proximity of the noise to residential or commercial sleeping areas; 4. The nature, density and zoning of the area within which the noise emanates; 5. The density of inhabitation of the area within which the noise emanates; 6. The time of day and night the noise occurs; 7. The duration of the noise; 8. Whether the nature of the noise is natural or unnatural; 9. Whether the noise is constant, recurrent or intermittent; 10. Whether the noise is produced by a commercial or noncommercial activity. (Ord. 1246 § 2, 2012; Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 691 § 3, 1992; Ord. 420, 1985) 9.24.050 Disturbing, excessive, offensive noises-Declaration of certain acts constituting. The following activities, are declared to be deemed disturbing, excessive or offensive noises and any of the following shall constitute prima facie evidence of a violation. A. Homs, Signaling Devices, Mu:filer Systems, Car Alarms, etc. Unnecessary use or operation of horns, signaling devices, uncontrolled muftler noises, car alarms on vehicles of all types, including motorcycles, and other equipment. 1. The operation of any such sound production or reproduction device, radio receiving set, musical instrument, drum, phonograph, television set, machine, loud speaker and sound amplifier or similar machine or device in such a manner as to be plainly audible at a distance of fifty feet or more from the building, structure or vehicle in which located, or from the source point. 2. The operation of any sound amplifier, which is part of, or connected to, any radio, stereo receiver, compact disc player, cassette tape player, or other similar device when operated in such a manner as to be plainly audible at a distance of fifty feet from the source point or when operated in such a manner as to cause a person to be aware of vibration at a distance of fifty feet or more from the source point. B. Uses Restricted. The use, operation, or permitting to be played, used or operated, any sound production or reproduction device, radio receiving set, musical instrument, drums, phonograph, television set, loudspeakers and sound amplifiers or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet, and comfort of any reasonable person of normal sensitiveness. C. Prima Facie Violations. Any of the following shall constitute evidence of a prima facie violation of this section: 1. The operation of any such sound production or reproduction device, radio receiving set, musical instrument, drum, phonograph, television set, machine, loud speaker and sound amplifier or similar machine or device in such a manner as to be plainly audible at a distance of fifty feet from the building, structure or vehicle in which located, or from the source point. 2. The operation of any sound amplifier, which is part of, or connected to, any radio, stereo receiver, compact disc player, cassette tape player, or other similar device when operated in such a manner as to be plainly audible at a distance of fifty feet from the source point or when operated in such a manner as to cause a person to be aware of vibration at a distance of fifty feet from the source point. D. Enforcement of Prima Facie Violations. Any peace officer, as defined in California Penal Code, Chapter 4.5 Sections 830 et seq., and/or the city manager or designees who are authorized to enforce the provisions of this chapter and http://qcode.us/codes/palmdesert/ 317 7127/2017 Chapter 9.24 NOISE CONTROL who encounters evidence of a prirna facie violation of this section whereby the component(s) amplifying or transmitting the sound in such a manner as to disturb the peace, quiet, or comfort of any reasonable person of normal sensitivity in any area of the city shall be empowered to issue a citation and/or to confiscate and impound as evidence, any or all of the components amplifying or transmitting the sound. (Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 420, 1985) 9.24.060 Special provisions-Exemptions. The following activities shall be exempted from the provisions of this chapter: A. School bands, school athletic and school entertainment events; B. Outdoor gatherings, public dances, shows and sporting and entertainment events; provided, the events are authorized by the city; C. Activities conducted in public parks and public playgrounds; D. Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work; E. All mechanical devices, apparatus or equipment which are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions; F. Mobile noise sounds associated with agricultural operations provided such operations do not take place between the hours of eight p.m. and seven a.m. on weekdays, including Saturday, or at any time on Sunday or a federal holiday; G. Mobile noise sources associated with agricultural pest control through pesticide application; H. Noise sources associated with property maintenance. Refer to Section 9.24.075, Property maintenance activities; I. The provisions of this regulation shall not preclude the construction, operation, maintenance and repairs of equipment, apparatus or facilities of park and recreation departments, public work projects or essential public services and facilities, including those of public utilities subject to the regulatory jurisdiction of the California Public Utilities Commission; J. Carillon chimes between the hours of eight a.m. to seven p.m. K. Noise sources associated with construction activities. Refer to 9.24.070, Construction activities. (Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 1076 § 1, 2005; Ord. 842 § 2, 1997; Ord. 754 § 1, 1994; Ord. 691 § 5, 1992; Ord. 539 § 1, 1988;0rd.420, 1985) 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. (Ord. 1179 § 1, 2009; Ord. 1178 § 2, 2008; Ord. 691 § 6, 1992) 9.24.070 Construction activities. No person shall perform, nor shall any person be employed nor shall any person cause any other person to be employed to work for which a building permit is required by the city in any work of construction, erection, demolition, alteration, repair, addition to or improvement of any building, structure, road or improvement to realty except between the hours as set forth as follows: October ht through April 30th Monday through Friday: Seven a.m. to five-thirty p.m. Saturday: Eight a.m. to five p.m. Sunday: None Government code holidays: None http://qcode.us/codes/palmdesert/ 417 7127/2017 May 1st through September 30th Monday through Friday: Saturday: Sunday: Government code holidays: Six a.m. to seven p.m. Eight a.m. to five p.m. None None Chapter 9.24 NOISE CONTROL Emergency work and/or unusual conditions may cause work to be permitted with the consent of the city manager upon recommendation of the building director or the city engineer. (Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 752 § 1, 1994; Ord. 420, 1985) 9.24.075 Property maintenance activities. A. Noise sources associated with property maintenance activity and all portable blowers, lawnmowers, edgers or similar devices shall be prohibited except during the following hours: October ht through April 30th Monday through Sunday: Government code holidays: Nine a.m. to five-thirty p.m. Not allowed May 1st through September 30th Monday through Friday: Saturday and Sunday: Government code holidays: Eight a.m. to five-thirty p.m. Nine a.m. to five-thirty p.m. Not allowed Notwithstanding the hours of permitted operations, such equipment that constitutes a public nuisance may be abated as otherwise provided in this code. 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. B. All municipal maintenance activities are not subject to subsection A. C. No person shall willfully make or continue, or willfully cause to be made or continued, any noise from any portable powered blower at a level which exceeds seventy decibels ( dBA) measured at the midpoint of a wall area twenty feet long and ten feet high and at the horizontal distance fifty feet away from the midpoint of the wall, or not more than seventy-six decibels (dBA) at a horizontal distance of twenty-four feet using a sound level meter. D. No portable powered blower shall be operated in a manner which will permit dirt, dust, debris, leaves, grass clippings, cuttings, or trimmings from trees or shrubs to be blown or deposited onto neighboring property or public right- of-way. All waste shall be removed and disposed of in a sanitary manner by the use or property occupant. (Ord. 1243 § 3, 2012; Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 1076 § 1, 2005; Ord. 842 § 3, 1997) 9.24.080 Refuse and waste collection hours. The city contractor for collection of refuse and waste shall be authorized to provide service as indicated in the following table: A. Commercial. 1. Collection during winter months shall be between six a.m. and six p.m. 2. Collection during summer months shall be between five-thirty a.m. and six p.m. http://qcode.us/codes/palmdesert/ 517 7127/2017 Chapter 9.24 NOISE CONTROL B. Residential. 1. Collection during winter months shall be between six-thirty a.m. and six p.m. 2. Collection during summer months shall be between five-thirty a.m. and six p.m. (Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 420, 1985) 9.24.090 Schools, hospitals and churches-Special provisions. It is unlawful for any person to create any noise which causes the noise level at any school, hospital or church while the same is in use, to exceed the noise limits, as specified in subsection A of Section 9.24.030, prescribed for the assigned noise zone in which the school, hospital or church is located, or which noise level unreasonably disturbs or annoys patients in the hospital. (Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 420, 1985) 9.24.100 Air conditioning and refrigeration equipment. The noise standards enumerated in Section 9.24.030 shall be increased by eight dBA when the alleged offensive noise source is an air conditioning or refrigeration system or associated equipment which was installed prior to the effective date of December 1, 1985. Installation of new equipment must be certified to be within the provisions of this chapter for night and day operation noise level. (Ord. 1246 § 3, 2012; Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 420, 1985) 9.24.110 Noise level measurement. A. The location selected for measuring exterior noise levels between residential properties shall be at the property line of the affected residential property. Affected residential property shall be the address from which the complaint was received. Interior noise measurement shall be made within the affected residential unit. The measurement shall be made at a point at least four feet from the wall, ceiling or floor nearest the noise source. The location selected for measuring exterior noise levels between nonresidential properties shall be at the property line of the affected property. B. The location selected for measuring exterior noise levels between two zoning districts shall be at the boundary of the two districts. (Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 1126A § 2, 2006; Ord. 1125 § 2, 2006; Ord. 420, 1985) 9.24.120 Interference with authorized personnel is prohibited. No person shall interfere with, oppose or resist any authorized person charged with enforcement of this chapter while such person is engaged in the performance of his or her duty. (Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 420, 1985) 9.24.140 Pre-existing noise source-Time extension. Those commercial and/or industrial noise sources in existence prior to the date of adoption of the ordinance codified in this chapter, which noise sources are an integral part of a building, structure or similar fixed and permanent installation if in compliance with local zoning structures, shall be granted a three-year period from the date of adoption with which to comply with the provisions of the chapter. If, at the end of the three-year period, it can be shown that compliance with the provisions herein constitutes a hardship in tenns of technical and economic feasibility, the time to comply may be extended on an annual basis until such time as compliance may be affected. (Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 420, 1985) 9.24.150 Violation-Infractions. Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction. (Ord. 1170 § 1, 2008; Ord. 1169 § I, 2008; Ord. 420, 1985) 9.24.160 Continuing or subsequent violations-Misdemeanor. ------------------------------~ http://qcode.us/codes/palmdesert/ 617 7127/2017 Chapter 9.24 NOISE CONTROL Any person having been convicted of a violation of any provisions of this chapter who thereafter commits a violation of the same provisions of this chapter shall be guilty of a misdemeanor. (Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 420, 1985) 9.24.170 Severability. If any provision of this chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of this chapter shall not be invalidated. (Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 420, 1985) View the mobile version. http://qcode.us/codes/palmdesert/ 717 7127/2017 Chapter 11.74 NOISE ORDINANCE Palm Springs Municipal Code Up Previous Next Main Collapse Search Print No Frames Title 11 PEACE. MORALS AND SAFETY Cha r 11.74 NOISE ORDINANCE _!1.74.010 Declaration of policy. It is the policy of the city of Palm Springs to reduce noise in the community and to prohibit unnecessary, excessive and annoying noises from all sources subject to its police power. At certain levels, noise can be detrimental to the health, welfare, safety and quality of life of the citizenry and in the public interest it shall be restricted. In order to implement the goals of the noise element of the city's general plan and adopt a comprehensive noise ordinance to prohibit unwanted and unnecessary sounds of all types within the community, this chapter has been created. This chapter shall be referred to and cited as the "Palm Springs Noise Ordinance." (Ord. 1167 § 1, 1982) 11.74.020 Definitions. Terminology used in this chapter shall be in conformance with definitions in the Palm Springs zoning ordinance and is defined herein as follows: (1) "Ambient noise level" means an existing level of all-encompassing noise associated with a given environment, usually a composite of sounds from many sources near and far, without inclusion of intruding noises from isolated identifiable sources. (2) "A-weighted sound level" means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA. (3) "Commercial area" means land utilized for business purposes other than residential or industrial uses. (4) "Day" means the time period from seven a.m. to tenp.m. (5) "Decibel (dB)" means a unit for measuring the volume of a sound equal to twenty times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty micropascals. ( 6) "Emergency work" means any work performed necessary to restore property to a safe condition due to property damage threatened or caused by an emergency. (7) "Enforcement officer" means the building and safety director or his designee who may enforce the provisions of this chapter. (8) "Equivalent A-weighted sound level (Leg)" means the constant sound level that, in a given situation and time period, conveys the same sound energy as the actual time-varying A-weighted sound for a given period of time. For the purposes of this chapter, it is an eight-hour period of time. (9) "Fixed noise source" means a stationary device which creates sounds, including but not limited to agricultural, commercial, industrial, and residential machinery and equipment, pumps, fans, compressors, air conditioners and refrigeration equipment. (10) "Gross vehicle weight rating (GVWR)" means the value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating (GCWR), which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle shall be used. ( 11) "Impulsive sound" means a short duration sound of one second or less with an abrupt onset and rapid decay (includes explosion, drop forge impact, or firearm discharge). (12) "Intrusive noise" means a sound which intrudes over and above the existing ambient noise level at a given location. (13) "Mobile noise source" means any noise source other than a fixed source. (14) "Motor vehicles" means any and all self-propelled vehicles, on or off road, subject to identification under California Vehicle Code. http://www.qcode.us/codes/palmsprings/ 1/9 7127/2017 Chapter 11.74 NOISE ORDINANCE ( 15) "Muftler or sound dissipation device" means a device for abating the sound of escaping gases of an internal combustion engine. (16) ''Night" means the time period from ten p.m. to seven a.m. (17) ''Noise disturbance" means any sound which (a) endangers or injures the safety or health of humans or animals, or (b) annoys or disturbs a reasonable person of normal sensitivities, or ( c) endangers or injures personal or real property. (18) ''Noise sensitive areas" means quiet zones of the city which contain more sensitive activities. Existing quiet zones shall be considered noise sensitive areas until otherwise designated. (19) "Person" means any individual, association, partnership, or corporation, and includes any officer, employee, department, agency or entity, public or private. (20) "Powered model vehicle" means any self-propelled airborne, waterborne, or landborne plane, vessel, or vehicle, which is not designed to carry persons, including but not limited to, any model airplane, boat, car or rocket. (21) "Residential area" means land which is utilized or zoned for residential purposes. (22) "Sound amplifying equipment" means any device used for the amplification of the human voice, music or any other sound. Excluded are standard automobile radios when used and heard only by the occupants of the vehicle in which the radio is held or installed. Also excluded are warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes. (23) "Sound level meter" means an instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels, which meets or exceeds the requirements pertinent for fype S2A meters in American National Standards Institute specifications for sound level meters, S 1.4- 1971, or the most recent revision thereof. (24) "Sound truck" means any motor vehicle, or other vehicle, regardless of motive power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment. (25) ''Vibration perception threshold" means the minimum ground, or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects. The perception threshold shall be presumed to be a motion velocity of0.01 in/sec over the range of 1 to 100 Hz. (26) "Weekday" means any day, Monday through Friday, which is not a legal holiday. (Ord. 1167 § 1, 1982) _!1.74.030 Fixed and nonstationary sources. On or after the effective date of the ordinance codified in this chapter, unless a permit has been granted by the board of appeals, it shall be unlawful for any person to operate or cause to be operated any single or combination of fixed source or non-stationary source type of equipment or machinery except construction equipment used in connection with construction operations, that individually or collectively constitute an identifiable sound source in such a manner as to cause the sound level at any point on the property line of any property to exceed by five decibels or more, the noise level limits set forth in Section 11.74.031, plus allowances for time duration in Section 11.74.032. (Ord. 1167 § 1, 1982) 11.74.031 Noise level limit. The noise level or sound level referred to in this section shall mean the higher of the following: ( 1) Actual measured ambient noise level; or (2) That noise level limit as determined from the table in this subsection: Sound Level Zone Time (A-weighted) Decibels Residential 7 a.m. to 6 p.m. 50 Low Density 6 p.m. to 10 p.m. 45 10 p.m. to 7 a.m. 40 http://www.qcode.us/codes/palmsprings/ 2/9 7127/2017 Chapter 11.74 NOISE ORDINANCE Residential 7 a.m. to 6 p.m. 60 High Density 6 p.m. to 10 p.m. 55 10 p.m. to 7 a.m. 50 Commercial 7 a.m. to 6 p.m. 60 6 p.m. to 10 p.m. 55 10 p.m. to 7 a.m. 50 Industrial 7 a.m. to 6 p.m. 70 6 p.m. to 10 p.m. 60 10 p.m. to 7 a.m. 55 If the measurement location is on a boundary between two different zones, the noise level limit applicable to the lower noise zone plus five dB shall apply. (Ord. 1167 § 1, 1982) 11.74.032 Time duration correction table. The time duration allowances set forth in the table below shall apply to those noise level limits set forth in Section 11.74.031 during the daytime hours: Duration of Sound dB(A) Allowance Up to 30 minutes per hour +3 Up to 15 minutes per hour +6 Up to 10 minutes per hour +8 Up to 5 minutes per hour +11 Up to 2 minutes per hour +15 Up to 1 minutes per hour +18 Up to 30 seconds per hour +21 Up to 15 seconds per hour +24 The provisions of this section shall not apply to construction equipment used in connection with emergency work. (Ord. 1167 § 1, 1982) ~1.74.033 Noise measurement procedure. Upon receipt of a complaint from a citizen, or a request to investigate, the enforcement agent, equipped with sound level measurement equipment, may investigate the complaint. The investigation shall consist ofmeasurement(s) and the gathering of data to adequately define the noise problem and shall include the following: (a) Type of noise source; (b) Location of noise source relative to complainant's property; ( c) Time period during which noise source is considered by complainant to be intrusive; ( d) Total duration of noise produced by noise source; ( e) Date and time of noise measurement survey. (Ord. 1167 § 1, 1982) 11.74.034 Maximum permissible sound levels by receiving land use. (1) The noise standards for the various categories ofland use identified in Section 11.74.031 shall, unless oth- erwise specifically indicated, apply to all such property within a designated zone. (2) No person shall operate or cause to be operated any source of sound at any location which causes the noise level, when measured on any other property, to exceed the limits set forth in Sections 11.74.031and11.74.032. http://www.qcode.us/codes/palmsprings/ 319 7127/2017 Chapter 11.74 NOISE ORDINANCE (3) If the measurement location is on a boundary between two different zones, the noise level limit applicable to the lower noise zone plus five dB, shall apply. (Ord. 1167 § 1, 1982) 11.74.035 Maximum permissible dwelling interior sound levels. (1) The interior noise standards for multifamily residential dwellings as presented in the following table shall apply, unless otherwise specifically indicated, within all such dwellings with windows in their open position: Land Use Time Interval Allowable Interior Noise Level ( dBA) Multifamily 10 p.m. to 7 a.m. 35 Residential 7 a.m. to 10 p.m. 45 (2) No person shall operate or cause to be operated within a dwelling unit, any source of sound or allow the creation of any noise which causes the noise level when measured inside a neighboring receiving dwelling unit to exceed: (a) The noise standard as specified in subsection {l) of this section for a cumulative period of more than five minutes in any hour; or (b) The noise standard plus five dB for a cumulative period of more than one minute in any hour; or ( c) The noise standard plus the ten dB or the maximum measured ambient for any period of time. (3) If the measured ambient noise level differs from that permissible within any of the allowable interior noise level categories above, the allowable interior noise level shall be adjusted in five-dB increments in each category as appropriate to reflect the measured ambient noise level. (Ord. 1167 § 1, 1982) 11.74.040 General guidelines. Notwithstanding the provisions of Sections 11. 74.030 through 11. 74.035, it shall be unlawful for any person to make, continue, or cause to be made or continued, within the limits of the city, any loud, unnecessary or unusual noise which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. The characteristics and conditions to be considered in determining a violation of the provisions of this section include, but are not limited to the following: ( 1) The intensity of the noise; (2) Whether the nature of the noise is usual or unusual; (3) The level and intensity of the background noise; ( 4) The proximity of the noise to sleeping facilities; ( 5) The nature and zoning of the area within which the noise emanates; (6) The density of habitation of the area within which the noise emanates; (7) The time of the day or night the noise occurs; (8) The duration of the noise; (9) Whether the noise is recurrent, intermittent, or constant; and (10) Whether the noise is produced by a commercial or noncommercial activity. (Ord. 1167 § 1, 1982) 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; http://www.qcode.us/codes/palmsprings/ 4/9 7127/2017 Chapter 11.74 NOISE ORDINANCE (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 saw, 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, 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. (Ord. 1851 § 2, 2014; Ord. 1383 § 1, 1991: Ord. 1167 § 1, 1982) 11.74.042 Construction. It shall be unlawful for any person within the city to operate construction tools or equipment in the performance of any outside construction or repair work on buildings, structures, or projects except in accordance with Section 8.04.220, of this code. (Ord. 1167 § 1, 1982) !1.74.043 Loud, unusual noises. The following acts, among others, are declared to be loud, disturbing, and unnecessary noises in violation of this section, but said enumeration shall not be deemed to be exclusive: (a) Muffiers or Sound Dissipative Devices. No person shall operate or cause to be operated any motor vehicle in violation of the exhaust noise levels as established by the State of California Vehicle Code Division 12, Section 27158.5 Article 2.5. (b) Homs and Signaling Devices. No person shall operate or cause to be operated any motor vehicle horn, siren, or amplification device in violation of the State of California Vehicle Code Division 12, Section 26709 Chapter 5 Article 1. (c) Motorized Recreational Vehicles Operating Off Public Right-of-Way. No person shall operate or cause to be operated any motorized recreational vehicle off a public right-of-way in such a manner that the sound levels emitted therefrom violate the provisions of this chapter. ( d) Standing Motor Vehicles. No person shall operate or permit the operation of any motor vehicle with a gross vehicle weight rating (GVWR) in excess of ten thousand pounds, or of any auxiliary equipment attached to such a vehicle, for a period longer than fifteen minutes in any hour while the vehicle is stationary, and on a public right-of-way or public space within one hundred fifty feet of a residential area or designated noise sensitive zone, between the hours of seven p.m. and seven a.m., except when movement of said vehicle is restricted by other traffic. ( e) Vehicle or Motorboat Repairs and Testing. It shall be unlawful for any person to repair, rebuild, modify, or test any motor vehicle, motorcycle, or motorboat in such a manner as to cause a noise disturbance on residential property. (f) Loudspeakers and Other Sound Amplifying Devices/Musical Instruments. It shall be unlawful for any person to play, use, operate or permit to be played, used or operated, any radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of any sound upon any public street, alley, sidewalk, passageway or thoroughfare, or in or upon any public park or other public place so as to unreasonably interfere with the peace and quiet of any other person; or if such act is done upon any private property, so as to unreasonably interfere with the peace and quiet of any person outside the boundary of such private property. (g) Hawkers and Peddlers. http://www.qcode.us/codes/palmsprings/ 5/9 7127/2017 Chapter 11.74 NOISE ORDINANCE It shall be unlawful for any person to sell anything by outcry within any area of the city utilized for residential or commercial purposes. This section shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses and similar licensed public entertamment events or auctions. (h) Animals and Fowl. No person shall keep or maintain, or permit the keeping of, upon any premises owned, occupied or controlled by such person, any animal or fowl otherwise permitted to be kept which, by any sound, cry or behavior shall cause annoyance or discomfort to a reasonable person of normal sensitiveness on any residential property. (See also Section 10.28.020, Noise disturbances by animals.) (i) Machinery, Equipment, Fans and Air Conditioning. It shall be unlawful for any person to operate any machinery, equipment, pump, fan, air conditioning apparatus or similar mechanical device in any manner so as to create any noise which would cause the noise level at the property line or party wall line of any residential property to exceed the ambient noise level by more than five decibels. (j) Vibration. Operating or permitting the operation of any device that creates a vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or one hundred fifty feet from the source if on a public space or public right-of-way, is unlawful. (Ord. 1289 § 1, 1987; Ord. 1167 § 1, 1982) 11.74.044 Wind energy conversion systems (WECS). (a) Permit Approval. A commercial WECS permit shall not be granted unless the applicant demonstrates that the projected WECS noise level will be no greater than that limit specified in subsection ( c) of this section and shall be calculated in accordance with the technical specifications and criteria adopted pursuant to subsections (f) through (h) of this section. Noise level limits for WECS shall be considered a property development standard and variances thereunto may be granted pursuant to Section 9406.00 of the zoning ordinance. (b) Point of Measurement. The point of measurement for the calculation of the WECS noise level projected pursuant to subsection (c) of this section shall be determined as follows: ( 1) All lots in the vicinity of the commercial WECS project property which are actually used for residential, hotel, hospital, school, library or convalescent home purposes shall be identified. For purposes of this subsection, no lot included in the commercial WECS project property shall be deemed actually used for residential, hotel, hospital, school, library or convalescent home purposes. (2) The point of measurement shall be ten feet from the outside surface of the wall of such structure, identified in subsection (b)(l) of this section, nearest the WECS being measured. (c) Noise Level Limits. The noise level or sound level referred to in this section shall mean the higher of the following: (1) Fifty-five dB(A) at the point of measurement; (2) The noise level limit shall be reduced by five dB(A) where it is projected that pure tone noise will be generated. A pure tone shall exist if the one-third octave band sound pressure level in the band width of the tone exceeds the arithmetic average of the sound pressure levels on the two contiguous one-third octave bands by 5 dB for center frequencies of 500 Hz and above, and eight dB for center frequencies between 160 and 400 Hz and by 15 dB for center frequencies less than or equal to 125 Hz. ( d) Noise Zones. ( 1) The development of wind turbines shall be prohibited within two hundred feet of any existing land use described in subsection (b )( 1) of this section. (2) The development of wind turbines at a distance between two hundred feet and three thousand feet from any land use described in subsection (b )( 1) of this section shall require the submittal of an acoustical report indicating http://www.qcode.us/codes/palmsprings/ 6/9 7127/2017 Chapter 11.74 NOISE ORDINANCE compliance with the noise level limits and the measurement methodology described in this section. (3) At distances greater than three thousand feet from any land use described in subsection (b)(l) of this section, wind turbine development may be permitted without acoustical study. ( e) Commercial WECS Characteristics. All noise reports submitted to the city shall include the following information: ( 1) The dimensions of the commercial WECS including tower height, total height, hub height and rotor diameter; (2) The name of the manufacturer of the commercial WECS and any applicable model number; (3) A description of the commercial WECS, including axis and wind orientation; and ( 4) Maximum rated power output and the power curve of the WECS and wind speed plotted relative to power produced. (f) Measurement Methodology for a Single Commercial WECS. All noise measurements shall be made and reported as follows: (I) All noise measurements shall be made using a sound level meter meeting ANSI standard specifications for Type I equipped with Brue! and Kjaer Windscreen (Model No. UA 9237 or 0207) and calibrated to standards of National Bureau of Standards, or other instrumentation as approved by the director of planning and zoning. The specific instrumentation used shall be described in the noise report. (2) Noise measurements shall be made at a height of five feet above local terrain. Unusual circumstances may require a different measurement height, but any variance shall be explained in the noise report. (3) Noise measurement data shall be reported as sound pressure levels derived from dB, A weighted. Noise data indexes shall be measured utilizing slow response at a sampling rate of one-quarter second or faster. A noise measurement often-minute duration should be made with the measurements being recorded on a strip chart recording or similar device. The Leq, L 50, L 80 , L 90 and L 99 should be measured. The measurements should be conducted during a period of relatively constant wind speed. The strip chart recording will show a fairly constant noise level that is intermittently interrupted by higher noise levels due to wind noise and possibly vegetation noise. The lower noise levels recorded on the strip chart are primarily attributable to the WECS. This noise level should correspond roughly to the L 90 noise level. The L 90 should be considered as the noise level attributable to the WECS. The wind speed during the measurement period should not exceed twenty-five miles per hour as measured at ten feet above ground. For compliance testing, the ten-minute measurements should be repeated three times. ( 4) The following parameters during noise measurements shall be noted and included in the noise report: (A) Average wind speed; (B) Gust wind speed; (C) Wind direction; (D) Temperature; (E) Relative humidity; (F) General weather conditions (e.g. cloudy, clear, inversions); (G) Terrain (e.g. hills, level, ravines); and (H) Surrounding vegetation. (5) Three ten-minute noise measurements should be made for compliance testing. ( 6) The noise level used will be the arithmetic average of the L 90 levels recorded during the three measurement periods. (7) Noise measurements shall be made in low, medium and high wind speeds and shall be included in the noise report. For low wind speeds, noise measurements shall be made in winds producing an average power output over a minimum thirty-minute sampling period of twenty percent plus or minus five percent of maximum rated power output. For medium wind speeds, noise measurements shall be made in winds producing an average power output over a minimum thirty-minute sampling period of fifty percent plus or minus ten percent of maximum rated power http://www.qcode.us/codes/palmsprings/ 719 7127/2017 Chapter 11.74 NOISE ORDINANCE output. For high wind speeds, noise measurements shall be made in winds producing an average power output over a minimum thirty-minute sampling period of ninety percent plus or minus ten percent maximum rated power output. (8) In order to determine the dB, A weighted, reference level for low wind speeds, noise measurements shall be made four hundred feet downwind from the WECS under low speed conditions, i.e. under wind conditions producing an average power output over a minimum fifteen-minute sampling period of twenty percent plus or minus five percent of maximum rated power output. These measurements shall be included in the noise report. (9) The dB, A weighted, reference level for high wind speeds will be calculated using the L 90 levels measured under subsections (f)(7) and (f)(8) of this section. The high wind speed reference level shall be the sum oflow wind speed reference level measured pursuant to subsection (f)(8) of this section plus the difference between the low wind speed noise level and the high wind speed noise level measured pursuant to subsection (f)(7) of this section. (10) If the director of planning and zoning determines that any data provided in the noise report is inconsistent or inadequate, a supplemental noise report prepared by an independent acoustical consultant may be required. (g) Modeling for Projected Noise Levels from Commercial WECS Arrays. Projected WECS noise level shall be supplied by the permit applicant in accordance with the following procedures: (1) Determine the noise level of each WECS (NLW) at the receptor by using the reference noise level (RNL) at four hundred feet at high speeds calculated pursuant to subsection (f)(9) of this section and the following formula: NLW = RNL + 20 log (400/RD) -AAL Where: RD = Receptor Distance to the WECS noise source. WECS noise source shall be assumed to be at the rotor hub for horizontal axis WECS and at the midpoint of the rotor axis for vertical axis WECS. AAL =Atmospheric Attenuation Loss determined from Table of Atmospheric Absorption Losses (U.S. Dept. of Transportation, Oct. 1980; Report No. FAA-EE-80-46, Volume III) Method A at 50% humidity and 70°F. (2) Determine projected WECS noise level (PWNL) using the following formula: PWNL = 10 log [antilog (NLW1/10) + antilog (NLW2/10) + antilog (NLWJlO)] Where: NL W 1 = Noise level of first WECS at receptor. NLW 2 =Noise level of second WECS at receptor. NLW n =Noise level of nth WECS at receptor. (h) Measurement Methodology for a Commercial WECS Array. All noise measurements shall be made and reported as follows: ( 1) Required acoustical reports shall be prepared by a registered professional engineer who has an expertise in acoustical engineering or by an Institute of Noise Control engineer (INCE). The report will be reviewed and, if appropriate, approved by the city before the issuance of permits. (2) All noise measurements shall be made using a sound level meter meeting ANSI standard specifications for Type I equipped with Brue! and Kjaer Windscreen (Model No. UA 0237 or 0207) and calibrated to standards of National Bureau of Standards. The specific instrumentation used shall be described in the noise report. (3) Noise measurements shall be made at a height five feet above local terrain. Unusual circumstances may require a different measurement height, but any variance shall be explained in the noise report. (4) Noise measurement data shall be reported as sound pressure levels derived from dB, A weighted. Noise data indexes shall be measured utilizing slow response at a sampling rate of one-quarter second or faster. A noise measurement often-minute duration should be made with the measurements being recorded on a strip chart recording or similar device. The Leq, L50, L80 , L 90 and L 99 should be measured. The measurements should be conducted during a period of relatively constant wind speed. The strip chart recording will show a fairly constant noise level that is intermittently interrupted by higher noise levels due to wind noise and possibly vegetation noise. The lower noise levels recorded on the strip chart are primarily attributable to the WECS. This noise level should http://www.qcode.us/codes/palmsprings/ 819 7127/2017 Chapter 11.74 NOISE ORDINANCE correspond roughly to the L 90 noise level. The L 90 should be considered as the noise level attributable to the WECS. The wind speed during the measurement period should not exceed twenty-five miles per hour as measured at ten feet above ground. For compliance testing, the ten-minute measurements should be repeated three times. (5) The following parameters during noise measurements shall be noted and included in the noise report: (A) Average wind speed; (B) Gust wind speed; (C) Wind direction; (D) Temperature; (E) Relative humidity; (F) General weather conditions (e.g. cloudy, clear, inversions); (G) Terrain (e.g. hills, level, ravines); and (H) Surrounding vegetation. (6) Three ten-minute noise measurements should be made for compliance testing. (7) The noise level used will be the arithmetic average of the L 90 levels recorded during the three measurement periods. (Ord. 1473 § 1, 1994) !1.74.050 Exceptions. The following noise sources are specifically excluded from the provisions of this chapter: ( 1) The emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work; (2) The operation ofrefuse collection under franchise agreement with the city of Palm Springs. (Ord. 1167 § 1, 1982) !1.74.051 Preexisting noise sources. Those commercial and/or industrial noise sources in existence prior to the date of adoption of the ordinance codified in this chapter, which noise sources are an integral part of a building, structure, or similar fixed and permanent installation if in compliance with local zoning statutes, shall be granted a five-year period from the date of adoption with which to comply with the provisions of this chapter. If, at the end of the five-year period, it can be shown that compliance with the provisions herein constitutes a hardship in terms of technical and economic feasibility, the time to comply may be extended on an annual basis until such time as compliance may be affected. (Ord. 1167 § 1, 1982) 11.74.052 Violation-Infraction. Any person violating any provision of this chapter shall be guilty of an infraction for the first instance of any such violation. (Ord. 1409 § 1, 1992: Ord. 1167 § 1, 1982) 11.74.053 Continuing or subsequent violations-Misdemeanor. Any person having been cited for violation of any provision of this chapter who within one year thereafter commits a second or any subsequent violation of the same provision of this chapter, including, without limitation thereby, suffering or permitting said violation to continue for a second or subsequent day, shall be guilty of a misdemeanor. (Ord. 1409 § 1, 1992: Ord. 1167 § 1, 1982) ~1.74.054 Severability. If any provision of this chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of this chapter shall not be invalidated. (Ord. 1167 § 1, 1982) View the mobile yersion. http://www.qcode.us/codes/palmsprings/ 9/9 7127/2017 Chapter 8.45 NOISE Rancho Mirage Municipal Code Up Previous Next Main Collapse Search Print No Frames Title 8 HEALTli AND SAFETY Cha r 8.45 NOISE 8.45.010 Purpose. The city has established a quality of life and environment in which peace and quiet is highly valued by its residents, visitors and businesses. The existence of excessive noise within the city is a condition which is detrimental to the health, safety, comfort, welfare and quality oflife of the citizenry and shall be regulated in the public interest. lbis chapter has been created to implement the goals and policies of the noise element of the city's general plan and to prohibit undesirable noises in the community. This chapter shall be referred to and cited as the Rancho Mirage noise ordinance. (Ord. 633 § l(Exh. A), 1995) 8.45.020 Definitions. Ambient noise level means the all encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. Cumulative period means an additive period of time consisting of individual time segments which may be continuous or interrupted. Decibel (dBA) means a unit of sound level measured on a sound level meter using the A-weighting network. Emergency means any occurrence or set of circumstances involving actual or imminent physical danger, crisis, trauma or property damage which demands immediate action. Noise level means the same as sound level the terms are interchangeable. Person means any individual, association, partnership, corporation, organization, or public agency, including associated officer(s), employee(s) or department(s). Sound level means the quantity of decibels measured using the frequency weighting of A of a sound level meter. Sound level meter means an instrument meeting the American National Standards Institute's standard Sl.4-1983 or later revision, for JYpe 1 or JYpe 2 specifications; or an instrument and the associated recording and analyzing equipment which will provide equivalent data. (Ord. 633 § l{Exh. A), 1995) 8.45.030 Exterior noise level limits. No person shall operate or cause to be operated any source of sound or allow the creation of sound or noise on property owned, leased, occupied or otherwise controlled by such person which causes the noise level, as measured on any other property, to exceed: A. The noise level for the applicable zone specified in Table A-1 for a cumulative period of more than thirty minutes in any hour of the applicable time period. Table A-1 Land Use/Zone Time of Day Noise Level (dBA) 7:00 a.m. to 6:00 p.m. 55 Residential, Low Density (R-E, H-R, R-L-2, R-L-3) 6:00 p.m. to 10:00 p.m. 50 10:00 p.m. to 7:00 a.m. 45 Residential, Medium and High Density, Hospital, Open 7:00 a.m. to 6:00 p.m. 60 Space (OS, R-M, R-H, MHP) 6:00 p.m. to 10:00 p.m. 55 http://www.qcode.us/codes/ranchomirage/ 1/3 7127/2017 Chapter 8.45 NOISE I 10:00 p.m. to 7:00 a.m. 50 7:00 a.m. to 6:00 p.m. 65 Commercial Office, Resort Commercial, Mixed Use, 6:00 p.m. to 10:00 p.m. 60 Institutional (0, P, Rs-H, M-U) 10:00 p.m. to 7:00 a.m. 55 7:00 a.m. to 6:00 p.m. 70 Commercial Neighborhood, General Commercial, 6:00 p.m. to 10:00 p.m. 65 Commercial Recreation, Light Industrial (C-N, C-G, 1-L) 10:00 p.m. to 7:00 a.m. 60 B. For cumulative periods of time less than thirty minutes in an hour, all the noise standards in Table A-1 are increased according to Table B-1. TableB-1 Duration of Sound dBA Adjustment 15-30 minutes per hour +3 10---15 minutes per hour +5 5-10 minutes per hour + 10 1-5 minutes per hour + 15 Any period of time less than 1 minute per hour +20 C. If the measured ambient noise level exceeds the dBA limits in Table A-1, the noise limits and their adjustments for the first three categories in Table B-1 shall be increased in five dBA increments as needed to encompass or reflect said ambient noise level. The maximum noise level under the last two categories in Table B-1 shall be increased, if necessary, only to equal the ambient noise level. (Ord. 1015 § 2, 2011; Ord. 633 § l(Exh. A), 1995) 8.45.040 Noise level measurement. A. The location selected for measuring exterior noise levels shall be at the point of the property line of the affected property nearest the alleged offending noise source. If possible, the ambient noise shall be measured at the same location along the property line. B. If the measurement location is on a boundary between two different locations, the noise level limit applicable to the lower noise zone shall apply. C. Upon receipt of a complaint or a request to investigate, the code compliance officer, equipped with an American National Standards Institute Type 2 or better sound level meter, may investigate the complaint. The investigation shall consist of measurements and the gathering of data to adequately define the noise problem and shall include the following: 1. Type and measurement of noise source; 2. Location of noise source relative to complainant's or affected property; 3. Time period during which noise source is considered to be intrusive; 4. Total duration of noise levels measured; 5. Date(s) and time(s) of noise measurement survey. (Ord. 633 § l(Exh. A), 1995) 8.45.050 Special provisions and exemptions. The following activities and noise sources shall be exempted from the provisions of this chapter: A. School bands, school athletic and other activities occurring on a school campus; http://www.qcode.us/codes/ranchomirage/ 2/3 7127/2017 Chapter8.45 NOISE B. Outdoor gatherings, dance, shows, entertainment for events authorized through the city's special events process; C. Activities conducted in public parks and public playgrounds that are dependent upon such facilities for their operation; D. Any emission of sound for purposes of alerting persons to an emergency or the general emission of sound during performance of emergency work; E. Construction, alteration, repair, grading or improvement of any building, structure, road or improvement to real property for which a permit has been issued by the city if said construction occurs within the allowable hours set forth in Section 15.04.030(A)(10); F. The operation of any equipment and machinery at any time within any zone by the city, its employees, or any agent or :franchisee of the city in the course of performing maintenance, construction or trash collection. (Ord. 633 § l(Exh. A), 1995) 8.45.060 Additional prohibition. __ _ It is unlawful and a nuisance for any person to keep, maintain or permit upon any lot or parcel of land within the city under his or her control any animal, including any fowl, which by any sound or cry shall habitually disturb the peace and comfort of any person in the reasonable and comfortable enjoyment of life or property. (Ord. 633 § 1 (Exh. A), 1995) 8.45.065 Landscape maintenance. A. It is unlawful and a public nuisance for any person to permit or perform for-hire landscape and non-emergency exterior hardscape maintenance activities such as, but not limited to, tree trimming, re-seeding, lawn mowing, leaf blowing, dust and debris clearing and any other landscaping or nonemergency exterior hardscape maintenance activities which utilize any motorized saw, sander, drill, grinder, leaf-blower, lawnmower, hedge trimmer, edger, or any other similar tool or device any time on Saturday and Sunday and between the hours of six p.m. and seven a.m. the next day during weekdays, unless otherwise provided in this section. 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. C. Nothing set forth in this section shall perm.it any person from engaging in any activities that exceed the exterior noise level limits set forth in Section 8.45.030 or otherwise constitute a public nuisance as set forth in Section 14.60.325 of the Municipal Code. (Ord. 979, § 1, 2009; Ord. 936, § 3, 2006) 8.45.070 Administration. The noise control program established by this chapter shall be administered by and is the responsibility of the code compliance division as directed by the director of the community development department. (Ord. 633 § l(Exh. A), 1995) 8.45.080 Violations and enforcement procedures. Violations of this chapter are declared to be a nuisance and subject to the procedures, remedies and penalties set forth in Title 14. (Ord. 916 §4, 2006; Ord. 633 § l(Exh. A), 1995) View the mobile yersion. http://www.qcode.us/codes/ranchomirage/ 313 Page 1 of 2 PLANNING COMMISSION STAFF REPORT DATE: NOVEMBER 14, 2017 CASE NUMBER: ZONING ORDINANCE AMENDMENT 2017-0005 APPLICANT: CITY OF LA QUINTA REQUEST: ADOPT A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL ADOPT AMENDMENTS TO SECTION 9.50.090 OF THE LA QUINTA MUNICIPAL CODE AND ADOPT SINGLE FAMILY RESIDENTIAL ARCHITECTURAL DESIGN GUIDELINES CEQA: THE PROPOSED ZONING ORDINANCE AMENDMENTS ARE EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO SECTION 15061(b)(3), REVIEW FOR EXEMPTIONS- GENERAL RULE AND DO NOT REQUIRE FURTHER ENVIRONMENTAL REVIEW. LOCATION: CITYWIDE RECOMMENDED ACTION The applicant requests a continuance to the December 12, 2017 Planning Commission meeting to allow additional time for further staff analysis of guidelines. EXECUTIVE SUMMARY • City Staff (Staff) is proposing adoption of citywide single family residential architectural design guidelines. • Adoption of the proposed guidelines requires corresponding zoning text amendments (amendments) to change references for Cove Residential standards to guidelines. BACKGROUND The City of La Quinta Planning Commission (PC) first adopted manuals on architectural and landscape standards for single-family houses on July 22, 1986. On June 16, 1998, the City Council (CC) approved Zoning Text Amendments 97-058 and 98-61 which included adding Section 9.50.090 Residential Cove (RC) District Development Standards and updating and adopting RC Zone Design Manuals for Architecture and Landscaping. PH 2 Page 2 of 2 PROPOSAL Staff is proposing citywide single family residential architectural design guidelines (guidelines) to be used as a manual when reviewing all single family homes that are not subject to a Specific Plan, Development Permit, and/or Master Design guideline. The intent of the guidelines is to update the existing cove design guidelines and communicate the City’s architectural design expectations for single family homes citywide. The guidelines would offer guidance with clear language and images. The guidelines would not replace residential development standards, such as setbacks, heights, minimum lot sizes, etc., of the Code. The guidelines may be references for all future residential design review and a basis for architectural design findings. Amendments to Section 9.50.090 RC District Development Standards will be proposed with consideration of the guidelines to remove references to the guidelines as development standards. Prepared by: Carlos Flores, Associate Planner Approved by: Gabriel Perez, Planning Manager TO: Honorable Chair and Members of the Planning Commission FROM: Gabriel Perez, Planning Manager DATE: November 14, 2017 SUBJECT: Village Make Event The City will host the Village Make event in partnership with the Southern California Association of Governments’ (SCAG) Go Human campaign on Saturday, November 18, 2017 from 12:00 to 4:00 p.m. in the La Quinta Village (Attachment 1). The event is free and will showcase the La Quinta Village as a walkable, bikeable, healthy and safe community. The area of activity is within the boundaries of Calle Tampico, Desert Club Drive, Avenida Bermudas, and Calle Estado (Attachment 2). Event pop-up activations will include: • Temporary simulation and augmented reality experience for Active Transportation Program Grant-funded traffic circles, mid-block crossing, and road diet improvements on Calle Tampico between Desert Club Drive and Avenida Bermudas • Repurposed alleyway between Avenida La Fonda and Calle Tampico • Pedestrian pathway connecting Old Town La Quinta to Calle Estado • Old Town musical performances • Active transportation and wellness fair • Arts and craft stations • Community engagement and feedback stations. Staff formed an advisory committee which includes representatives from the La Quinta Museum, Old Town La Quinta, Old Town Peddler, Jule’s Market, Pedego, Old Town Artisan Studio, and Sm’Art Studio. Village Make is being promoted on social media, City website, postcards, posters, the Gem, and The Desert Sun. All event advertising encourages Village Make attendees to continue their fun with Brew in LQ, which will be held at the Civic Center Park from 4:00 p.m. to 9:00 p.m. that evening. Attachments: 1. Event Announcement 2. Village Make Preliminary Activity Map SI-1 Saturday, November 18, 2017 Sábado, Noviembre 18, 2017 12 p.m. – 4 p.m. | La Quinta Village Enjoy music, art, family-friendly activities, free bike rentals, prizes & more! Explore the creative and artsy ways we’re making the Village safer and more enjoyable for people walking and biking. !Disfruta de la música, las instalaciones temporales de arte, actividades para la familia, préstamo de bicicletas gratis, premios y mucho más! Explora todas las maneras creativas y artísticas que estamos haciendo para que la ciudad sea más segura y agradable para la gente que camina y anda en bicicleta.    #GoHumanSoCal GoHumanSoCal.org/Events Walk, bike and celebrate La Quinta Village! ¡Ven caminando o en bicicleta celebra La Quinta Village! ATTACHMENT 1 ATTACHMENT 2