HomeMy WebLinkAbout21852 - RESOLUTIONS - 3/21/2007 ' RESOLUTION NO. 21852
A RESOLUTION 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 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.
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.
' 2. The city council finds that certain regulatory ordinances which are deemed
generally desirable and necessary may, nonetheless, impede the conduct of
Resolution No. 21852
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. 21852
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 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 21st day of March, 2007.
David H. Ready, I y Mer
ATTEST:
?me25h�ompson, City Cleric