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HomeMy WebLinkAbout21551 - RESOLUTIONS - 4/5/2006 RESOLUTION NO. 21551 A RESOLUTION OF THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUSPENDING THE NOISE ORDINANCE (CHAPTER 11.74.00), NOISE NUISANCE (CHAPTER 11.08.040), DANCES (CHAPTER 5.12), AND SIGN ORDINANCE (CHAPTER 93.20.00) AND APPROVING A CARNIVAL ON APRIL 14, 15, AND 16, 2006 TO FACILITATE THE PLANNED EVENTS FOR THE WHITE PARTY LOCATED AT 888 E. TAHQUITZ CANYON WAY, 277 N. AVENIDA CABALLEROS AND 444 E. ARENAS ROAD WHEREAS, Jeffery Sanker Entertainment ("applicant") has requested the waiver of Chapters 11.74, 11.08.040. 93.20.00 and 5.12 of the Palm Springs Municipal Code; and WHEREAS, a hearing was held on April 5, 2006 to review the resolution; and 'WHEREAS, the City Council desires to facilitate the White Party; and 'WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the waiver of the ordinances, including but not limited to the staff report; and WHEREAS, a Land Use Permit has been issued for the event, including conditions untended to assure that the event causes minimal adverse effects on surrounding properties and on the community in general, and 'WHEREAS, the City Council has reviewed and considered the project in light of the findings for the temporary suspension of regulatory ordinances, pursuant to Chapter 5.12 of the Municipal Code, and has determined that the request is in conformance with said findings, as follows: 1. The city council finds that certain special events may be useful and beneficial to the visitor-oriented economy of the city by attracting large numbers of visitors, by generating favorable publicity, and by enhancing a marketable image for the city. The proposed event will bring in approximately 2,370 hotel room bookings for the weekend contributing to the tenant-occupancy tax revenues of the City and providing the opportunity for further tourist-based commerce during times between the events. The event has achieved a national prominence and its continued success will bring tourists to the City each year for subsequent events. 2. The city council finds that certain regulatory ordinances which are deemed generally desirable and necessary may, nonetheless, impede the conduct of Resolution No. 21551 Page 2 such special events; and that the operation of such regulatory ordinances should be suspended during limited periods of time, in designated locations, to facilitate certain special events. The regulatory prohibitions imposed by the Noise, Noise Nuisance, Sign, and Dance Ordinances will impede the conduct of the event as follows: Noise Ordinance: The maximum allowable A-weighted decibels for an event in a residential area after 6:00 PM is approximately 55 decibels for a high-density residential area. The fireworks display and most outdoor concerts are likely to exceed this threshold. Noise Nuisance Ordinance: • Chapter 11.08.040 prohibits unreasonably loud noise. It is likely that, taken as a collective event, the White Party will exceed that provision in its normal course of events. Sign Ordinance: • It is likely that signage promoting the event and directing attendees will exceed the limitations of the sign ordinance. While the sign ordinance does provide a special event permit, the scope of this event combined with ' the need to react to events at the time of the event would render the issuance of a special event sign permit ineffective. Dance Ordinance: • The Wyndham Hotel currently has a dance permit that is likely to be exceeded by the extent of the White Party Events. Requiring the Wyndham to revise the permit in perpetuity for these annual events when the event is covered by the Land Use Permit is redundant and would not as well address the specifics of the event. The applications of these ordinances on this temporary event would be unnecessarily burdensome when procedure has been followed to prevent and mitigate nuisance to the public health, safety and welfare. 3. The city council finds that the public interest in the holding of such special events 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. The increase in tourist-traffic and the opportunity to hold an event of nationally- recognized importance outweigh the mitigated inconvenience that the temporary suspension of the ordinances would entail. ' Resolution No. 21551 Page 3 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the event and the waiver of the ordinances is exempt from CEQA pursuant to Section 15323 of the CEQA Guidelines. SECTION 2. That the following ordinances are herby temporarily suspended for the special event designated in Section 1 above: Noise Ordinance, Nuisance Ordinance, Sign Ordinance, and Dance Permit Ordinance. SECTION 3. That the regulatory ordinances designated in Section 2 shall remain in full force and effect except as to the event dates and activities as follows: Date/Time Location/Event Anticipated Attendance .April 14, 2006 Wyndham Hotel Approximately 1,500 9:00 PM to 4:00 AM April 15, 2006 Wyndham Hotel Pool Approximately 2,000 10:00 AM to 6:00 PM April 15, 2006 Convention Center Approximately 3,500 9:00 PM to 5:00 AM April 16, 2006 Vacant Lot on Arenas Approximately 3,500 3:00 PM to 9:00 PM & Calle Encilia ,ADOPTED THIS 5T" DAY OF APRIL, 2006. David H. Ready, City-M-6nager ,ATTEST: Id'a es Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that :I Resolution No. 21551 Page 4 Resolution No. 21551 is a full, true and correct copy, and was duly adopted at a regular ' meeting of the City Council of the City of Palm Springs on April 5, 2006, by the following vote: AYES: Councilmember McCulloch, Mayor Pro Tern Foat and Mayor Oden. NOES: None. ABSENT: Councilmember Mills and Councilmember Pougnet. ABSTAIN: None. mes Thompson, City Clerk !i City of Palm Springs, California