HomeMy WebLinkAbout21930 - RESOLUTIONS - 6/6/2007 RESOLUTION NO. 21930
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.
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 Cade; 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.
The regulatory prohibitions imposed by the Noise and Noise Nuisance
' Ordinances will impede the conduct of the event as follows:
Resolution No. 21930
Page 2
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 12:00 MIDNIGHT on June 17, 2007.
1
Resolution No. 21930
Page 3
ADOPTED THIS 6th DAY OF JUNE, 2007.
David H. Ready6 I y Manager
ATTEST:
;;;mZs 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. 21930 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 June 6, 2007, by the following
vote:
AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills,
Mayor Pro Tern Pougnet, and Mayor Oden.
NOES: None.
ABSENT: None.
ABSTAIN: None.
Jdmes Thompson, City Clerk
City of Palm Springs, California