HomeMy WebLinkAbout6/6/2007 - STAFF REPORTS - 3.A. ;O pALMS'04
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Cg41FOR��P CITY COUNCIL STAFF REPORT
DATE: JUNE 6, 2007 LEGISLATIVE ACTION
SUBJECT: TEMPORARILY SUSPENDING THE NOISE ORDINANCE FOR FAMILY
HEALTH AND SUPPORT NETWORK, INC., IN CONJUNCTION WITH
THE AFRICAN-AMERICAN CHAMBER OF COMMERCE, FOR A
FUNDRAISING EVENT ON JUNE 16, 2007 AT THE INDIAN CANYONS
GOLF RESORT, 1097 EAST MURRAY CANYON DRIVE.
FROM: David H. Ready, City Manager
BY: Director of Planning Services
SUMMARY
The applicant is requesting that the City Council adopt a Resolution temporarily waiving
the Noise Ordinance and Noise Nuisance Ordinance to facilitate a fundraising event at
the Indian Canyons Golf Resort.
RECOMMENDATION:
Adopt Resolution No. "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING A TEMPORARY SUSPENSION
OF THE NOISE ORDINANCE FOR THE FAMILY HEALTH
AND SUPPORT NETWORK, INC., IN CONJUNCTION
WITH THE AFRICAN-AMERICAN CHAMBER OF
COMMERCE, FOR A FUNDRAISING EVENT ON JUNE 16,
2007 AT 1097 EAST MURRAY CANYON DRIVE, ZONE R-
1-C, SECTION 35."
BACKGROUND:
Family Health & Support Network, Inc. (FHSN) in conjunction with the African-American
Chamber of Commerce Palm Springs is hosting an event to raise funds to sponsor one
hundred at-risk, underprivileged children in foster care on a trip to Knott's Soak City.
The fundraising event is scheduled for the night of June 16, 2007 between 6:00 P.M.
and 1:00 A.M. at the Indian Canyon Golf Resort located at 1097 East Murray Canyon
ITEM NO.
City Council Staff Report
June 6, 2007—Page 2
Temporary Suspension of Noise Ordinance
Drive. The applicant stated that there will be approximately 500 attendees at the event.
The Ordinances to be suspended are the Noise Nuisance (Chapter 11.08.040) and
Noise Ordinances (Chapter 11.74).
DISCUSSION:
The request is to suspend Chapters 11.08.040 and 11.74 of the Palm Springs Municipal
Code. The applicant stated that the request has been submitted to allow live
entertainment, specifically a comedian and live band or disc jockey at the event. The
applicant states that this event will not have significant impact to the noise ordinance
and that only median noise levels will be generated by the event. No roads or street
lanes will be closed at any time directly before, during, or after the event.
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 is tailored to a mature audience and will attract a large
number of visitors for a non-profit venture. In addition, the City will generate
favorable publicity through the efforts of the Family Health and Support Network
and African American Chamber of Commerce to raise funds for at-risk children.
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 and Noise Nuisance
Ordinances will impede the conduct of the event as follows:
Noise Ordinance:
• The maximum allowable A-weighted decibels for an event in a low density
residential area between 6:00 P.M. to 10:00 P.M. is approximately 45
decibels and between 10:00 P.M. to 7:00 A.M. is approximately 40
decibels. The event will be held indoors and outdoors at the clubhouse
and is likely to exceed this threshold during the 6:00 P.M. and 1:00 A.M.
hours on Saturday, June 16, 2007.
0�2
City Council Staff Report
June 6, 2007-- Page 3
Temporary Suspension of Noise Ordinance
Noise Nuisance Ordinance:
• Chapter 11.08.040 prohibits unreasonably loud noise. It is likely that,
taken as a collective event, the event may exceed that provision in its
normal course of events.
The application 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 traffic and visitors within the City will generate City revenue while
providing the opportunity to hold a fundraising event. The event is only being
held one night on a weekend and outweighs the inconvenience that the
temporary suspension of the ordinances would entail.
CONCLUSION:
While the request is for suspension of the noise ordinances, all other city codes and
regulations will remain in effect. With the appropriate findings above available to
support the waivers, staff is recommending adoption of a Resolution temporarily
suspending the Noise Nuisance and Noise Ordinances for the event.
FISCAL. IMPACT: Finance Director Review:
There will be no fiscal impact.
�J G- )
A. ing, Thomas . Wils n
Director of Plan in Services Assistant City N anager
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David H. Ready
City Manager
Attachments:
1. Draft Resolution and Conditions of Approval
2. Letter of Request
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RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING A
TEMPORARY SUSPENSION OF THE NOISE
ORDINANCE FOR THE FAMILY HEALTH AND
SUPPORT NETWORK, INC., IN CONJUNCTION
WITH THE AFRICAN-AMERICAN CHAMBER OF
COMMERCE, FOR A FUNDRAISING EVENT ON
JUNE 16, 2007 AT 1097 EAST MURRAY CANYON
DRIVE, ZONE R-1-C, SECTION 35.
WHEREAS, Family Health & Support Network, Inc. (FHSN) in conjunction with
the African-American Chamber of Commerce Palm Springs ("applicant") has
requested the waiver of Chapters 11.74 and 11.08.040 of the Palm Springs
Municipal Code; and
WHEREAS, a hearing was held by the City Council on June 6, 2007 to review
the resolution; 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, 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 is tailored to a mature audience and will attract a
large number of visitors for a non-profit venture. In addition, the City will
generate favorable publicity through the efforts of the Family Health and
Support Network and African American Chamber of Commerce to raise
funds for at-risk children.
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.
Resolution No.
Page 2
The regulatory prohibitions imposed by the Noise and Noise Nuisance
Ordinances will impede the conduct of the event as follows:
Noise Ordinance:
• The maximum allowable A-weighted decibels for an event in a low
density residential area between 6:00 P.M, to 10:00 P.M. is
approximately 45 decibels and between 10:00 P.M. to 7:00 A.M. is
approximately 40 decibels. The event will be held both indoors and
outdoors at the clubhouse and is likely to exceed this threshold
during the 6:00 P.M. and 1:00 A.M. hours on Saturday, June 16,
2007.
Noise Nuisance Ordinance:
• Chapter 11.08-040 prohibits unreasonably loud noise. It is likely
that, taken as a collective event, the event may exceed that
provision in its normal course of events.
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 traffic and visitors within the City will generate City
revenue while providing the opportunity to hold a fundraising event. The
event is only being held one night on a weekend and outweighs the
inconvenience 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 and Nuisance
Ordinance.
SECTION 3. That the regulatory ordinances designated in Section 2 shall remain
in full force and effect except the between the hours of 6:00 P.M. on June 16,
2007 and 1:00 A.M. on June 17, 2007.
Resolution No,
Page 3
ADOPTED THIS 6th day of June, 2007.
David H. Ready, City Manager
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
Palm Springs Planning Commission
Request To Extend Noise Ordinance
Family Health & Support Network, Inc. in conjunction with the African-American Chamber
of Commerce Palm Springs respectively request the Palm Springs City Council to
consider extending the noise ordinance at the Indian Canyons Golf Resort on the evening
of June 16, 2007 until 1.30 a.m. on June 17, 2007 for the speck purpose of hosting a
fundraiser.
Background/Purpose:
Family Health & Support Network, Inc. (FHSN) is a private non-profit organization
licensed by the State of California to function as a child welfare agency, contracting
services to Riverside, San Bernardino and Imperial counties. FHSN was founded in
2003 and while FHSN is located in neighboring Cathedral City, we would like to host our
fundraiser in the beautiful City of Palm Springs because of its' obvious elegance. Like
most non-profit organizations FHSN too relies on the generous contributions, both
public and private to provide services and programs to our children and families above
and beyond the funding received from the State of California. This June, FHSN is
partnering with the African--American Chamber of Commerce Palm Springs in hosting a
Juneteenth Celebration and fundraiser for the specific purpose of raising funds to
sponsor 100 at-risk, underprivileged children in foster care on a Knott's Soak City trip
this summer.
Event/Venue:
We have consulted with management and have secured the date of June 16, 2007 at
the beautiful Indian Canyons Golf Resort, located at 1097 East Murray Canyon Drive,
Palm Springs, CA 92264 commencing (begin time to be determined) until 1:30 a.m. on
June 17, 2007 (providing the City grants permission to extend the noise ordinance for
that evening). We will require approximately 500 attendees to achieve our fundraising
goal. The event will be tailored to attract a mature audience (35 years and older)
providing live entertainment (specifically a live band and comedian). FHSN will provide
private security to ensure safety.
Conclusion:
While we are confident that this event will not seriously impact the noise ordinance
(particularly during off season) we would like to proceed with the confidence that the
City of Palm Springs is in support of our efforts and is willing to tolerate median noise
levels until 1:30 a.m. on June 17, 2007. A prompt response to our request is necessary
to continue planning.
Respectfully submitted by:
Sandra Austin Kris Benz, PresidentlCEO
Executive Director AACCPS
Family Health & Support Network, Inc. 655 N. Palm Canyon Drive #204
Cathedral City, CA 92234 Palm Springs, CA 92262
760/324-7900 760/778-5747