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HomeMy WebLinkAbout3/21/2007 - STAFF REPORTS - 2.G. �D QpLM Sp? iy (/ N Co9WNAi¢o,e' xx F ,P CITY COUNCIL STAFF REPORT DATE: March 21, 2007 Legislative Action SUBJECT: REQUEST BY JEFFERY SANKER ENTERTAINMENT TO SUSPEND THE NOISE ORDINANCE (CHAPTER 11.74.00, NOISE NUISANCE (CHAPTER 11.08.040), SIGN ORDINANCE (CHAPTER 93.20.00) AND DANCES (CHAPTER 5.12) AND APPROVE A CARNIVAL ON APRIL 6, 7, AND 8, 2007 FOR THE 2007 WHITE PARTY LOCATED AT 888 E. TAHQUITZ CANYON WAY, 277 N. AVENIDA CABALLEROS AND 444 E. ARENAS ROAD. CASE: LAND USE PERMIT 07-012 FROM: David H. Ready, City Manager BY: Director of Planning Services SUMMARY Staff is requesting that the Council adopt a Resolution waiving the Noise Ordinance, Noise Nuisance Ordinance, Sign Ordinance, and Dance Ordinance temporarily to facilitate the 2007 White Party event. RECOMMENDATION: Adopt Resolution No. "OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUSPENDING THE NOISE ORDINANCE (CHAPTER 11,74.00, (CHAPTER 11.08.040), SIGN ORDINANCE (CHAPTER 9320,00) AND DANCES (CHAPTER 5.12) AND APPROVING A CARNIVAL ON APRIL 6, 7, AND 8, 2007 TO FACILITATE THE PLANNED EVENTS FOR THE WHITE PARTY LOCATED AT 888 EAST TAHQUITZ CANYON WAY, 277 NORTH AVENIDA CABALLEROS AND 444 EAST ARENAS ROAD. ITEM NO. 7(A% City Council Staff Report March 21, 2007 Land Use Permit 07-012 Page 2 of 5 BACKGROUND: The current proposal for the 2007 White Party will be the nineteenth consecutive year of the event in the City of Palm Springs. The event utilizes a wide range of venues, this year including the Wyndham Hotel, the Convention Center, and the vacant lot at the northeast corner of East Arenas Road and Calle Encilia. The event is scheduled for April 6-8, 2007. Throughout the history of the event, the City has recorded a number of noise-related complaints for all three locations. The noise complaints have been a result of loud music coming from the events. If the City Council wishes to facilitate the 2007 event, certain regulatory ordinances that would normally impede such an event will need to be temporarily suspended pursuant to Chapter 6.12 of the Municipal Code. The Ordinances to be suspended are the Noise Nuisance (Chapter 11.08.040), Dances (Chapter 5.12), Sign (Chapter 9320.00), and Noise Ordinances (Chapter 11.74.00). This year, the White Party is scheduled from April 6-8, 2007. Main events are the Opening Party on April 6, the White Party on April 7, and the Tea Dance/Carnival on April 8. The following table indicates the time, place, and anticipated attendance at each event: Date/Time Location/Event Anticipated Attendance April 6, 2007 Wyndham Hotel Approximately 2,500 9:00 PM to 4:00 AM April 7, 2007 Wyndham Hotel Pool Party Approximately 2,500 10:00 AM to 6:00 PM April 7, 2007 Palm Springs Convention Approximately 5,000 9:00 PM to 5:00 AM Center April 8, 2007 Vacant lot on Arenas Road Approximately 5,000 2:00 PM to 9:00 PM and Calle Encilia/Tea Dance DISCUSSION: The promoter has applied for a Land Use Permit for the Arenas Road and Wyndham Hotel events and the Convention Center issues permit for its own events. The only events that will be held outdoors with amplified music are the Pool Party at the Wyndham Hotel and the Tea Dance on the vacant lot on Arenas Road. The schedule of events was reviewed by the Special Events Planning Team (SEPT) on February 20, 2007 and again on February 27, 2007. The concerns addressed by City staff at those meeting have been addressed in the Conditions of Approval imposed by the Land Use Permit, a copy of which is attached to this staff report. All indoor events will be inspected by the Palm Springs Fire Department for compliance with building occupancy limits and EMT services will be provided for all events through American Rescue Services under contract with the applicant. City Council Staff Report March 21, 2007 Land Use Permit 07-012 Page 3 of 5 The event at the Convention Center will be staffed by Convention Center security as well as the Palm Springs Police Department. The applicant has placed a deposit against the cost of City staff time and has agreed to reimburse the City for any costs exceeding the deposit. A ten minute fireworks display is proposed for approximately 9:00 P.M. as part of the Tea Dance which will require the closing of Arenas Road for the proposed fireworks display for approximately twenty minutes. Traffic control will be handled by Palm Springs Police Department with assistance from street maintenance. There will also be additional Palm Springs Police officers at the event. The fireworks display and a proposed Ferris-wheel will all be inspected and permitted by the Palm Springs Fire Department. The neighbors surrounding the Arenas Road lot will all be notified by the applicant via the Office of Neighborhood Involvement prior to the event and additional notification of the White Party Events will be published in the Desert Sun. The applicant has estimated that 2,370 hotel rooms have been allotted to serve guests arriving for this year's White Party. The Land Use Permit and Resolution are Categorically Exempt from CEQA under Section 15323(Normal Operations of Facilities for Public Gatherings) of the CEQA Guidelines. REQUIRED FINDINGS: Pursuant to Chapter 6.12 of the Municipal Code, the following findings are required for the temporary suspension of regulatory ordinances: 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 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. City Council Staff Report March 21, 2007 Land Use Permit 07-012 Page 4 of 5 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. City Council Staff Report March 21, 2007 Land Use Permit 07-012 Page 5 of 5 CONCLUSION: The White Party has been a successful event for nineteen years and has brought a number of tourists to the City. A number of conditions have been required for issuance of the Land Use Permit as a result of SEPT review. With the requirements of the various City Departments satisfied and appropriate findings available to support the waivers, staff is recommending adoption of a Resolution temporarily suspending the Noise Nuisance, Dance, Sign, and Noise Ordinances for the 2007 White Party. FISCAL IMPACT: Finance Director Review: The applicant has agreed to reimburse the City for all costs exceeding the deposit, therefore there will be no fiscal impact. 'ng, AIC Craig Gra 5, Finance Director Direc ng of Plan ervices Director o Finance and Treasurer Thomas W. V 'son David H. Ready Assistant City Manager City Manager Attachments: 1. Draft Resolution 2. Site Plans of Pool Party and Tea Dance 3. Land Use Permit and Conditions of Approval RESOLUTION NO. 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), SIGN ORDINANCE (CHAPTER 93.20.00) AND DANCES (CHAPTER 5.12) AND APPROVING A CARNIVAL ON APRIL 6, 7, AND 8, 2007 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 March 21, 2007 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 intended 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 6.12 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. Resolution No. Page 2 2. The city council finds that certain regulatory ordinances which are deemed generally desirable and necessary may, nonetheless, impede the conduct of 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 Resolution No. Page 3 that the temporary suspension of the ordinances would entail. 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 hereby 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 6, 2007 Wyndham Hotel Approximately 2,500 9:00 PM to 4:00 AM April 7, 2007 Wyndham Hotel Pool Approximately 2,500 10:00 AM to 6:00 PM April 7, 2007 Convention Center Approximately 5,000 9:00 PM to 5:00 AM April 8, 2007 Vacant Lot on Arenas Approximately 5,000 2:00 PM to 9:00 PM & Calle Encilia ADOPTED THIS day of 2007, David H. Ready, City Manager Resolution No. Page 4 ATTEST.- James 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 Resolution No. _ 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 by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California Li FL M SNOW W CREE CAFE' JARDI SAN JACINTO R@S7AJAHOl ANOREAS HINO ROOM BLO ROOM WOMEN MEN ROOM A B A B I�— SANTa RO5A OF MARGARITA'S I nOJAVE OUTDOOR DINING BLUE WATER OASIS O O :ONCIERGE L t CATALINA O BBY 1 BAR CASES POOL I Q a SPA I pBBYQ I MAOEw.- - COURTYARD - 0 0 I CALIFORNIA GRAND- - — MLROOM EGISTRATIOI ELEV. I PASADENA GIFT I SIERRA VENTU6 SHOP l;'. � p PA KIDDY o�{�s afif�4 POOL I PUTTING T GREEN CONVENTION w CENTER OF IC 5 {• M HAIR CACTUS W �800 HEAL[ SALON ROOM SPA SPA SPRINGS LECTURE HALL �I s Ar io 03 Y rmrc—Ul—ZUUU WE U4:U4 I'fl L'11Y Uh PRO SPk1NGS PAX No . (603228360 P. 07 I ` o � x a . 41 EP r I• r @O 1� � 24 1 City of Palm Springs Department of Planning Services °ate Land Use Permit No. 07-012 Applicant Mailing Address Phone Bill Ransom on behalf of 8344 Melrose Avenue, (323) 653-0800 Jeffery Sanker Los Angeles, CA 90069 Fax Entertainment (323) 653-9977 Business Name Site Address White Party 2006 888 E. Tahquitz Canyon Way and 444 Arenas Road PROCEDURE: An application for a land use permit shall be submitted to the Department of Planning Services, and shall be accompanied by the following: 1. A Processing fee of $651 2. Such other information as the Director of Planning Services may require, including, but not limited to: adjacent uses, photographs, building elevations, landscape plans, design studies, furniture information, etc. STATEMENT OF ACTIVITY: Applicant shall submit a statement of the use, expected size, volume, hours, and length of operations; information relating to sanitation, noise, air pollution, vehicle parking, traffic circulation, and any other information of the proposed project. The application is for the 2007 White Party Event to be held at the Wyndham Hotel, the Palm Springs Convention Center and the vacant lot at E. Arenas Road and Calle Encilia. Date/Time Location/Event Anticipated Attendance April 6, 2007 Wyndham Hotel Approximately 2,500 9:00 PM to 4:00 AM April 7, 2007 Wyndham Hotel Pool Party Approximately 2,500 10:00 AM to 6:00 PM April 7, 2007 Palm Springs Convention Center Approximately 5,000 9:00 PM to 5:00 AM April 8, 2007 Vacant lot on Arenas Road and Approximately 5,000 2:00 PM to 9:00 PM Calle Encilia/Tea Dance The Tea Dance will include a fireworks show that will require the temporary closure of Calle Encilia during the course of the event. CONDITIONS: See attached. TRANSFER: Transfer of Land Use Permit to another applicant is subject to review and approval by the Director of Planning Services. REVOCATION: The Director of Planning Services may revoke any Land Use Permit that does not meet or comply with conditions and requirements of this permit. Applicant's Signature Permit Center Signature Date Account# 011-32204 City of Palm Springs Fep�"'Sa Department of Planning Services O Ar 3200 E. Tahquitz Canyon Way " Palm Springs, CA 92262 cq<�FORN�P. (700) 323-8245 — direct(760) 322-8360 —facsimile LAND USE PERMIT # 07-012 CONDITIONS OF APPROVAL DATE: March 21, 2007 REQUEST: The application is for the 2007 White Party Event to be held at the Wyndham Hotel, the Palm Springs Convention Center and the vacant lot at E. Arenas Road and Calle Encilia. Date/Time Location/Event Anticipated Attendance April 6, 2007 Wyndham Hotel Approximately 2,500 9:00 PM to 4:00 AM April 7, 2007 Wyndham Hotel Pool Party Approximately 2,500 10:00 AM to 6:00 PM April 7, 2007 Palm Springs Convention Approximately 5,000 9:00 PM to 5:00 AM Center April 8, 2007 Vacant lot on Arenas Road and Approximately 5,000 2:00 PM to 9:00 PM Calle Encilia/Tea Dance The Tea Dance will include a fireworks show that will require the temporary closure of Calle Encilia during the course of the event. APPLICANT: Bill Ransom on behalf of Jeffery Sanker Entertainment (JSE) LOCATION: 888 E. Tahquitz Canyon Way, 271 North Avenida Caballeros, and 444 E. Arenas Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief, or their designee, depending on which department recommended the condition(s). Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney- 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning this Land Use Permit application. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will 2 advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. This land use permit authorizes the promoter to operate a temporary three day event at the above locations and times. The event shall end at 9:00 p.m. Sunday, April 8, 2007 and all clean-up activities shall be satisfactorily concluded by 5 p.m. Monday, April 9, 2007. 4. This application approves the use of outdoor entertainment for the Wyndham Hotel Pool Party corresponding to the time limits imposed on that location. 5. This application approves the use of outdoor entertainment for the Tea Party on Arenas Road corresponding to the time limits imposed on that location. 6. The pyrotechnics show is limited to Low Level Devices, no Salutes or Concussions. 7. Outside speakers shall be located so as to minimize noise impacts on surrounding land uses. The attached speaker layout is approved for the Wyndham Pool Party and the Tea Dance. Adjustments to speaker location may be required by the City to further reduce noise as needed. 8. The applicant/operator shall work with the Palm Springs Police Department to amicably resolve any noise complaints received during the event. 9. The applicant shall comply with the requirements of the City traffic control plan as approved by the Public Work, Fire and Police Departments. 10. The applicant shall place signs around the Tea Dance directing that participants turn off their cellular phones to avoid accidental emergency calls. 11. The applicant shall contract with American Rescue Services (ARS) for ambulance transportation needs as determined by the Palm Springs Fire Department. Written confirmation of ARS's participation (in the form of a signed contract) is required no later than March 22, 2007 and shall be provided to the Planning Department and the Palm Springs Fire Department. 12. A secondary form of communication to initiate 911 emergency calls shall be coordinated and approved through the Palm Springs Fire Department 13. The applicant shall notify in the Desert Sun and to the surrounding neighbors about the event and the planned pyrotechnic show. Proof of the notification shall be approved by Lee Hudsfeldt in the Office of Neighborhood Involvement by March 22, 2007 and the approval must be submitted to the Planning Department- 3 14. The application shall obtain permits from the Riverside County Health Department for all food vendors that are associated with this short term event. A copy of the approved permits is shall be provided to the Planning Department prior to the event. 15. All participants of the Wyndham Hotel Pool party are required to remain clothed while in the public event. 16. A license issued by the Department of Alcoholic Beverage Control shall be obtained and a copy submitted to the Planning Department prior to the event. 17. If grubbing of the Tea Party site is required, a PM10 plan must be approved by the City of Palm Springs Engineering Department and a permit issued by the Department of Building and Safety prior to any grubbing activity. A copy of the permit shall be submitted to the Planning Department prior to the commencement of set-up activities on the site. 18. A signed contract for portable toilets shall be provided to the Department of Planning Services no later than March 22, 2007. 19. A JSE contact list for all events is must be submitted to the Fire, Police, and Planning Departments by March 22, 2007. 20. The applicant will coordinate with the Palm Springs Fire and Police Departments to determine staffing requirements at their events at the satisfaction of the respective departments. 21. A deposit (payable by cashier's check, cash, or money order) of $8000.00 against City staff costs must be submitted to the City by 4:00 PM on March 22, 2007 to Nick Singer in the Finance Department. 22. JSE is responsible for reimbursing the City for all staff costs in excess of the $8,000.00 deposit. 23. All sites used for the event will be returned to their previous condition by April 9, 2007 at 5:00 PM. 24. This Land Use Permit shall be made available to City officials upon request. Failure to comply with Municipal Codes, Ordinances, and the conditions of this land use permit may result in revocation of this permit. Should the permit not be available upon request, such permit shall be considered null and void during the time it is not available. 25. All events must comply with the ordinances of the City of Palm Springs unless superseded by City Council action. 26. Revocation. a. When the conditions of a land use permit have not been or are not being complied with, the Director of Planning Services shall notify the permittee of intention to revoke such permit. The permittee shall be given opportunity at an office hearing to show cause why the permit should not be revoked. If good cause is not shown, the Director may revoke the permit. Such revocation may be appealed to the City Manager. b. The Palm Springs Fire Marshal may revoke this permit immediately if occupancy, exiting or other safety issues require such action. 4 c. Transfer of this land use permit to another applicant or location is prohibited for this short- term event. 27. Amendment. a. None permitted for this short-term event. Attachments: 1. Site Plan of Tea Dance 2. Site Plan of Pool Party • 3. Draft Noise Ordinance Waiver Resolution 4. Draft City Council Staff Report Director of Planning Services Signature: Date: Applicant's Signature: Date: 5