HomeMy WebLinkAbout1609 - ORDINANCES - 5/1/2002 ORDINANCE NO. 1609
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, PERTAINING TO THE DOWNTOWN
PARKING STRUCTURE CONSTRUCTION ACTIVITY,
TEMPORARILY SUSPENDING THE NOISE ORDINANCE
AND CONSTRUCTION HOURS ORDINANCE FOR THE
' DURATION OFTHE DOWNTOWN PARKING STRUCTURE
CONSTRUCTION
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
SECTION 1. FINDINGS
A. The City Council finds that the benefit derived from the construction of a parking
structure in the Downtown (the "Project"), as approved by the voters in November
of 2001, is significant to the ongoing efforts to enhance the marketable image of the
City of Palm Springs.
B. The City Council finds that certain regulatory ordinances generally desirable and
necessary may, nonetheless, impede the timely completion of the Downtown
Parking Structure, and that the operation of such regulatory ordinances should be
suspended during the construction period of the parking structure. It is the intent of
the City Council that the Project be constructed during the off-season months from
June to November so that the Project will have the least disruptive impact on
' downtown businesses, visitors to the community who are less likely to visit during
the off-season, and to residents who are more likely to be on vacation during this
period-
C. The construction experts whom the City has consulted believe that a five-month
construction period is minimal. The City has entered agreements with property
owners establishing a November completion date. The construction experts have
indicated that the nature of the Project,with extensive multiple lifts of concrete pours,
and due to extreme heat conditions in the summer causing concrete to cure too
quickly, will require some work to be performed in the very early morning hours,
contrary to existing ordinances. In addition, work must be kept going in order to
complete the Project within the five-month time-line.
D. The City Council finds that the public interest in expediting the construction of the
Downtown Parking Structure and the benefits to be derived therefrom outweigh the
temporary public inconvenience entailed in the suspension of such regulatory
ordinances, and that the public welfare and interest will be served by such
suspensions.
aV
Ord- 1609
Page 2
Ordinance Temporarily Suspending Noise
Ordinance and Construction Hours During
Construction of Downtown Parking Structure - Page 2
SECTION 2. SUSPENSION OF REGULATORY ORDINANCES
The City Council does hereby temporarily suspend those certain ordinances described
herein, but only pertaining to the Project and location set forth in Section 3, and forthe term
set forth in Section 4:
(a) Section 8.04.220 Limitation of Hours of Construction; and ,
(b) Section 11 74.042 Construction (Noise Prohibition).
SECTION 3. LOCATION
The temporary suspension of these Palm Springs Municipal Code sections is specifically
related to the construction activity at the Downtown Parking Structure Site, and to no other
locations within the City. The"Site"is bounded by Indian Avenue on the east, Palm Canyon
Drive on the west, Baristo Road on the south, and Arenas Road onthe north. As a result
of said suspension, City's employees, agents and contractors shall be empowered to
perform work at the site at all times during the day and night and without complying with the
noise limitations of Section 11.74.042. Only the Project specifically identified herein shall
be granted this exception, and only for the term identified below.
SECTION 4. TERM
The temporary suspension of the ordinances identified herein shall be effective on the
effective date of this Ordinance and continue until December 1, 2002, and shall thereafter
be null and void unless extended by Ordinance of the City Council.
SECTION 5. EFFECTIVE DATE
This Ordinance shall be in full force and effect thirty (30) days after passage. ,
SECTION 6. PUBLICATION
The City Clerk is hereby ordered and directed to certify to the passing of this Ordinance,and
to cause the same or a summary thereof by display advertisement,duly prepared according
to law, to be published in accordance with law.
ADOPTED this 1st day of May 2002.
AYES' Members Hodges, Kills, Rellex-Spurgin, and Mayor Rleiudienst
NOES: None
ABSENT: Member oden
ATT S CITY OF PALM SPRINGS, CALIFORNIA
N � egn19
City Clerk Mayor
REVIEWED AND ADOPTED AS TO FORM:
I HEREBY CERTIFY that the foregoing Ordinance 1609 was duly adapted by '
the City Council of the City of. Palm Springs, California, in a meeting
held on the 1st day of may, 2002, and that same was published in the
DESERT SUN, a newspaper of general c" culation on May 8, 2002_
C -�l
PATRICIA A. SANDERS
City Clerk