ORD 565ORDINANCE NO. 565
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AMENDING SECTION 9.100.210 OF
TITLE 9 OF THE LA QUINTA MUNICIPAL CODE RELATING
TO GOLF COURSE MAINTENANCE NOISE
WHEREAS, the City Council of the City of La Quinta, California did, on the 5th day
of December 2017, hold a duly noticed public hearing for review of a City -initiated
request of Zoning Ordinance Amendment 2017-0003 to amend Section 9.100.210 of
the La Quinta Municipal Code; and
WHEREAS, previous to said Public Hearing, the Planning Commission of the City
of La Quinta did, on November 14, 2017, adopt Planning Commission Resolution 2017-
017 to recommend to the City Council adoption of said code amendments; and
WHEREAS, the Design and Development Department published a public hearing
notice for this request in The Desert Sun newspaper on November 24, 2017, as
prescribed by the Municipal Code; and
WHEREAS, Title 9 of the Municipal Code contains the section that addresses
noise levels for all properties within the City; and
WHEREAS, the proposed zoning text amendments are necessary to allow golf
course maintenance to occur between the hours of 5:30 a.m. and 8:00 p.m. on any
given day, and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons wanting to be heard, the City Council
did make the following mandatory findings to justify adoption of said Zoning
Ordinance Amendment:
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.
Ordinance No. 565
Amendment to Title 9 Zoning
Adopted: December 19, 2017
Page 2 of 8
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.
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1. SECTION 9.100.210 shall be amended as written in "Exhibit A" attached
hereto.
SECTION 2. The proposed zone text amendments have complied with the
requirements of "The Rules to Implement the California Environmental Quality Act of
1970" (CEQA) as amended (Resolution 83-63). A Negative Declaration of
Environmental Impact (Environmental Assessment 2017-0012) was prepared for the
proposed text amendments and certified by the City Council.
SECTION 3. That the City Council does hereby approve Zoning Ordinance
Amendment 2017-0004, as set forth in attached "Exhibit A" for the reasons set forth
in this Ordinance.
SECTION 4. This Ordinance shall be in full force and effect thirty (30) days after its
adoption.
SECTION 5. The City Clerk shall, within 15 days after passage of this Ordinance, cause
it to be posted in at least three public places designated by resolution of the City
Council, shall certify to the adoption and posting of this Ordinance, and shall cause
this Ordinance and its certification, together with proof of posting to be entered into
the Book of Ordinances of the City of La Quinta.
SECTION 6. That the City Council does hereby grant the City Clerk the ability to make
minor amendments to "Exhibit A" to ensure consistency of all approved text
amendments prior to the publication in the La Quinta Municipal Code.
SECTION 7. Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance is, for any reason, held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. The City
Council hereby declares that it would have adopted this Ordinance and each and
every section, subsection, subdivision, sentence, clause, phrase, or portion thereof,
Ordinance No. 565
Amendment to Title 9 Zoning
Adopted: December 19, 2017
Page 3 of 8
irrespective of the fact that any one or more section, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be declared unconstitutional.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City
Council held this 19th day of December 2017 by the following vote:
AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
SUSAN MAYSELS, City Perk
City of La Quinta, Cali rnia
(CITY SEAL)
APPROVED AS TO FORM:
e
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
‘falit,<L-
LINDA EVANS, Mayor
City of La Quinta, California
Ordinance No. 565
Amendment to Title 9 Zoning
Adopted: December 19, 2017
Page 4 of 8
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 Uses
Land Use Compatibility for Community Noise Environments
Residential - Single Family Dwellings, Duplex,
Mobile Homes
Residential - Multiple Family
Transient Lodging: Hotels and Motels
School Classrooms, Libraries, Churches,
Hospitals, Nursing Homes and Convalescent
Hospitals
CNEL (dBA)
50 55 60
65 70
75 80
C
Ordinance No. 565
Amendment to Title 9 Zoning
Adopted: December 19, 2017
Page 5 of 8
Land Uses
Auditoriums, Concert Halls, Amphitheaters
Sports Arenas, Outdoor Spectator Sports
Playgrounds, Neighborhood Parks
Golf Courses, Riding Stables, Water Recreation,
Cemeteries
Office Buildings, Business, Commercial and
Professional
Industrial, Manufacturing, Utilities, Agriculture
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.
Ordinance No. 565
Amendment to Title 9 Zoning
Adopted: December 19, 2017
Page 6 of 8
Exterior Noise Standards
Receiving Land Use
Noise Standard
Time Period
Noise sensitive
65 dB(A)
50 dB(A)
7:00 a.m.-10:00 p.m.
10:00 p.m. -7:00 a.m.
Other nonresidential
75 dB(A)
65 dB(A)
7:00 a.m.-10:00 p.m.
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.
Ordinance No. 565
Amendment to Title 9 Zoning
Adopted: December 19, 2017
Page 7 of 8
4. Golf course maintenance activities between 5:30 a.m. and ending no later than
8:00 p.m. on any given day.
F. Enforcement. The city manager or his or her designee shall have the responsibility
and authority to enforce the provisions of this section.
Ordinance No. 565
Amendment to Title 9 Zoning
Adopted: December 19, 2017
Page 8 of 8
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify the
foregoing to be a full, true, and correct copy of Ordinance No. 565 which was
introduced at a regular meeting on the 5th day of December, 2017 and was adopted at
a regular meeting held on the 19th day of December, 2017, not being less than 5 days
after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in the Rules of Procedure adopted by City Council
Resolution No. 2015-023.
Y�l
SUSAN MAYSELS, City C rk
City of La Quinta, Califonia
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that
the foregoing ordinance was posted on 12/21/2017, pursuant to Council Resolution.
SUSAN MAYSELS, City Ctrk
City of La Quinta, California