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HomeMy WebLinkAboutITEM 4A - Case 5.0356 PSSC PLANNING COMMISSION STAFF REPORT DATE: JULY 22, 2025 UNFINISHED BUSINESS SUBJECT: PALM SPRINGS SURF CLUB TO PROVIDE AN OPERATIONAL UPDATE AS A CONDITION FROM THE ORIGINAL PLANNING COMMISSION REVIEW. PROJECT LOCATED AT 1500 SOUTH GENE AUTRY TRAIL, ZONE M-1 (PD 168), SECTION 9. (CASE 5.0356 CUP). FROM: Department of Planning Services SUMMARY The Planning Commission on October 19, 2019 approved an amendment to a previously approved Planned Development District for the rehabilitation of an existing water park to include a new surf wave pool, a restaurant/lounge, plus a net increase of 7,746-square feet of new structures located at 1500 South Gene Autry Trail. The Planning Commission approved the project with a set of conditions as PLN 6 stated: PLN 6. Planning Commission Review: The Planning Commission shall review the operation at a public meeting within six (6) months of the opening date of the water park. RECOMMENDATION: Receive testimony from the property owner/operator and the public and deem condition PLN 6 satisfied. The Planning Commission may consider additional or revised conditions of approval that may be necessary as enumerated further in the Staff report. BACKGROUND INFORMATION: Related Relevant City Actions by Planning, Fire, Building, etc… 4/10/1985 Planning Commission approved Resolution #3739 granting approval of a Planned Development District Case 5.0356 PD 182 for the construction of a water park. 5/1/1985 City Council approved Resolution #15502 granting approval of preliminary Planned Development District Case 5.0356 PD 182 for the construction of a water park. Planning Commission Staff Report July 22, 2025 -- Page 2 5.0356 PD Amendment – Palm Springs Surf Club 03/19/1986 City Council approved Resolution #15811 granting approval of Final Planned Development District Case 5.0356 PD 182 for the construction of a water park. 10/19/2019 The Planning Commission adopted Resolution #6777 approving an amendment to the PDD to allow for the construction of the surf park. Notification 7/**/2025 A notice of “Public Meeting” notification was email to the following: Demuth Park, Melody Ranch, Tahquitz Creek Golf, and Lawrence Crossly Neighborhood Organizations. BACKGROUND: The Palm Springs Surf Club (PSSC) had a soft opening on January 1, 2024 after several years of construction. The park operated for several months and then closed due to mechanical issues with the wave pumping machines requiring a major overhaul which lasted until the late Fall of 2024 according to the owner/operator. As of July 2025 the PSSC is currently fully operational and conducting daily business. Wave Machines The PSSC utilizes eight (8) wave making machines that use air pressure that forces a piston downward resulting in water motion. There are multiple settings that create several different types of waves which can be ridden by many skill levels. The machines are housed inside three (3) different buildings that are fully enclosed. Large roll up doors are located at the rear of the north and south pump buildings. The machines due to the mechanical nature make a noise that increases as the waves cycle up to release the air pressure to propel the waves. During the early testing phase and before the machines were overhauled, there was continued overheating and the PSSC staff would open the roll-up doors to provide circulation and cooling. The opening of the doors would result in increased noise levels. During the overhaul process, the PSSC has installed noise blankets inside the buildings to help absorb the sound. Additional cooling machinery has also been installed, and these measures have resulted in the roll-up doors remaining closed during operation. Events at PSSC The project site has been operating as a water park since 1985 with a few years of closure in the late 2010’s. The Planning Commission in the 2019 approval included PLN1 which states: PLN1. Events. Special events to take place beyond normal operations are permitted within the parameters of the Conditions of Approval. The intent of this condition was for the PSSC to operate in a manner that allows for special events such as surf/sport competitions, and parties that would not require additional permission. However, these events are to operate under the conditions of approval relative to PLN 7 and PLN 8 which states: Planning Commission Staff Report July 22, 2025 -- Page 3 5.0356 PD Amendment – Palm Springs Surf Club PLN 7. Noise Level Limits. There shall not be any exemptions from the PSMC Chapter 11.74 (“Noise Ordinance”). Operator must meet the set noise levels at all times. PLN 8. Noise Attenuation Measures. a. The applicant shall be required to have on site a noise monitoring system (RION NL-42 or similar) capable of monitoring sound levels at the property lines. The noise monitoring shall provide the following minimum specifications: • The system shall be capable of monitoring noise. • The system shall be capable of logging data to internal or external memory for reporting purposes; • The sound level meter shall satisfy the American National Standards Institute (ANSI) standard specifications for sound level meters ANSI S1.4-2014/IEC 61672-1:2013; • The sound level meter shall be calibrated at the manufacturer’s recommended regular interval; • In the event of a noise complaint, the Operator shall provide noise level measurement data to the City of Palm Springs for the event during which the complaint was made. The data shall be provided to the City by the Applicant immediately for review at the City’s discretion. • Per the Planning Commission: the outdoor amplified music/ sound system shall not employ subwoofers. b. In addition to the noise-monitoring described above, a sound level limiter shall be installed as a part of the music/sound system to actively enforce the noise level limits when the music/sound system is in use. The sound level limiter must demonstrate the ability to limit the Project operational noise levels at the source result in satisfactory noise levels below the limits in the City’s noise ordinance. The limiters associated with the sound system shall be preset and the DJ or operator of the sound system shall not have the ability to override or bypass such limiters. d. The speakers for the sound system shall be oriented inward and downward on the site so as to minimize sound impacts on adjacent properties. The normal operations of the PSSC do include music played over a speaker system that projects in most areas of the park to include the wave pool, cabanas, lazy river, the restaurants, patios and interior. Special events have occurred during Coachella/Stagecoach weekends where a DJ or musical acts are performing, and a special sound system is set-up in different parts of the park. These events do not require a special permit; however the noise ordinance must be maintained. Recently the City Planning Commission Staff Report July 22, 2025 -- Page 4 5.0356 PD Amendment – Palm Springs Surf Club worked with PSSC to issue a “Special Event Permit” for a BMX event that required street control along South Gene Autry Trail and a secondary ingress/egress from Crossly Road. Aerial of PSSC NOISE LEVEL MEASUREMENT The Palm Springs Municipal Code (PSMC) Chapter 11.74 - Noise Ordinance provides regulations that are used by the City to maintain acceptable noise levels. The means to measure the volume of sound is called a decibel (dBL) and the PSMC provides standards for noise limits in commercial, industrial, and residential areas. The PSSC is in an Industrial zone and the noise levels are as follows: Table 1: Industrial Noise Limits - Industrial Time Sound Level 7:00 AM – 6:00 PM 70 6:00 PM – 10:00 PM 60 10:00 PM – 7:00 AM 55 The noise ordinance allows for levels to exceed the limit based upon the duration of the louder noise during daytime hours. Below lists the allowances: Planning Commission Staff Report July 22, 2025 -- Page 5 5.0356 PD Amendment – Palm Springs Surf Club Table 2: Time Duration Correction Table 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 minute per hour +18 These noise levels are measured at the property line and in the case of the PSSC a public bicycle trail and golf course are located directly south of the property. The nearest residential neighborhood, Tahquitz Creek Golf, is located 915 feet away from the park. The city has received complaints from residents living in this area. CODE ENFORCEMENT ACTIONS The Code Enforcement Office is tasked with receiving, logging, responding, and remediating verified violations of the City Municipal, Building, and Zoning codes. Since the beginning of operations, Code Enforcement has been on site and working with the PSSC to comply with all City regulations. Since the business opened a log has been maintained and complaints have been registered beginning on October 4, 2023, until the latest received on June 27, 2025. There has been a total of sixty-six (66) complaints that have been received over this three-year period, from approximately sixteen (16) individual residences. Most of the entries relate to the noise generated by the wave making machines, music, and the gathering of attendees at the park. All complaints received through the on-line reporting system have been investigated by Code Enforcement, and any received via email have been logged. To date the PSSC has been cited six (6) times, four (4) with fines issued and paid in full. The majority of the complaints have been from property owners along Cherry Hills Drive and Pebble Beach Drive which are located at the northern end of the Tahquitz Creek neighborhood adjacent to the municipal golf course that separates the PSSC from the homes. The Code Enforcement office has extensive reporting on the noise generated by PSSC and can provide additional information during the Planning Commission meeting. The graphic below shows how the noise levels are measured, when the wave machines are running resulting in instances of compliance and when the noise is not in compliance. As mentioned in Table 2 above, the noise levels are permitted to go above the 70 dBL limit for a certain period per hour. The graphic shows when the wave machines are making more frequent waves resulting in spikes for longer than permitted duration. Planning Commission Staff Report July 22, 2025 -- Page 6 5.0356 PD Amendment – Palm Springs Surf Club Aerial showing approximately 915 feet to nearest residence Daytime Hours 7a -6p -70dB Noise Level Limit -In Compliance I • I . ; I • I,. I IIIIIEEIIIIIIIIIEEIIIIIIIIIEEIIIIIIIIIEEIIIIIIIIIEEIIIIIIIIIEEIIII ~--~--~--~--~--~--~-- Daytime Hours 7a -6p -70dB Noise Level Limit -In Violation Planning Commission Staff Report July 22, 2025 -- Page 7 5.0356 PD Amendment – Palm Springs Surf Club PLANNING COMMISSION DIRECTION: The item is before the Planning Commission to satisfy the conditions of approval placed on the project on October 19, 2019. The PSSC is a new concept for a re-imagined water park that seeks to operate as a good neighbor. There have been documented violations of the noise ordinance and efforts have been made to control the wave machine noise by adding internal blankets, keeping roll-up doors closed, adding improved cooling systems, and strengthening the pump buildings to handle air pressure. Planning Staff had asked PSSC to explore ways to constrain the noise by conducting additional technical study to determine if a noise attenuation wall of sixteen (16) feet or taller located along the south property line would help alleviate the issue. The PSSC informed Staff that a new noise wall would lower the noise a few decibels but would not achieve the optimal levels or provide good value given the high cost of installation for minimal results. The noise generated from special events that have DJ’s or bands according to the operator ends at 6:00 PM when the required decibel level drops. The PSSC is following the conditions of approval by having an on-site noise monitoring system. Management is present during events to regulate sound levels to include a limiter system, and speakers are placed inward to the park. The Planning Commission may revise the original conditions of approval to include the following: 1. Provide direct access to the Office of Special Programs – Code Enforcement to the on-site noise monitoring system so levels can be monitored remotely. 2. Provide additional noise limiting measures to be reviewed by Planning Staff which may include noise mitigating architectural details applied to the wave machine buildings. 3. Require notification to the One PS neighborhood representatives regarding times, expected number of attendees, and any entertainment beyond normal operations for any special event. CONCLUSION: The discussion before the Planning Commission will deem condition of approval PLN 6 as satisfied. The site of the PSSC has been operating as a water park since it opened in 1985 as a Planned Development District in the M-1 zone. Staff recommends that monitoring of noise issues continue to ensure compliance with the PSMC and the PSSC has stated that they are willing to seek means to meet these standards through additional improvements to the pump buildings. In addition, requiring coordination with the neighborhood representatives for any special events will allow surrounding sensitive uses to be notified of potential impacts. Planning Commission Staff Report July 22, 2025 -- Page 8 5.0356 PD Amendment – Palm Springs Surf Club PREPARED BY: Glenn Mlaker, AICP, Associate Planner REVIEWED BY: Edward Robertson, Principal Planner REVIEWED BY: Chris Hadwin, AICP, Director of Planning Services Attachments: 1. Vicinity map 2. Planning Commission Resolution #6777