HomeMy WebLinkAbout5/16/2012 - STAFF REPORTS - 5D pALM,. CITY OF PALM SPRINGS
4I0 DEPARTMENT OF PLANNING !!SERVICES
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o�Ko. MEMORANDUM
C'p�/FORN�p,
Date: May 16, 2012 NEW BUSINESS
To: City Council
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From: Craig A. Ewing, AICP, Director of Planning Services
Subject: UPDATE AND REVIEW OF PALM SPRINGS MUNICIPAL CODE
CHAPTER 5.75 PERTAINING TO EVENT HOUSES
Summary:
Chapter 5.75 (Event Houses) of the Palm Springs Municipal Code authorizes the
issuance of permits to allow commercial event activities at single family dwellings. Staff
has issued about eighteen permits — for individual events and for multiple events over
several months (referred to as "term permits"). The Council may consider if changes to
the ordinance or its implementation are necessary.
Recommendation:
Direct staff, as appropriate.
Discussion
In 2008, the City enacted Ordinance 1745 which established regulations governing
moneymaking events at residential properties. The ordinance was developed to
address the use of residences as commercial enterprises for wedding receptions,
parties, fund-raising events and other activities for which compensation is provided.
(The ordinance exempts activities for which no remuneration is offered; no regulations
are imposed on events conducted by permanent occupants for their own enjoyment.)
The regulations include a permitting system, including issuance of an Event House
Permit by the City, which must be completed prior to the event itself. The applicant
must file an application with the Planning Department, provide advance notice of the
proposed event to the neighbors, and comply with any conditions imposed by the City
upon issuance of the Event House Permit. Since the ordinance became effective, the
City has issued about eighteen Event House Permits.
The Event House ordinance is structured so that each event regiuires its own permit.
After the ordinance was adopted, staff noted that properties which have multiple events
would be sending multiple notices to neighbors. These notices might even overlap each
other in terms of the schedule of events and perhaps create confusion for notice
recipients. Staff determined that a single permit for a period of time (a "term") could be
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City Council Memo May 16, 2012
Event House Permits Page 2 of 2
developed to cover multiple events and still conform to the requirements of the
ordinance.
A permit issued for a term must identify the full scope and range of events anticipated
during the term. The advance notice sent by the applicant to the neighbors must
describe the types and number of events per week / month, the maximum number of
persons expected to any event, event hours (including set-up and tear-down), and all
related issues such as outdoor sources of noise and light, vehicular and valet parking,
catering, alcohol service and on-site contacts. Staff will not issue a term permit that
allows more activity than is described in the applicant's advance notice. Of all the Event
House permits, about half have been issued for terms, ranging from 90 days to one
year.
In regulating event houses, a balance between primary residential uses and secondary
commercial activities needs to be found. However, it is clear from the ordinance and
the overall organization of the City's zoning policies that the residential enjoyment of
properties zoned R-1 is paramount. Further, commercial events are to be allowed only
when they can be conducted to cause the least possible damage to residential
properties.
The Council may wish to consider one of the following options:
1. Direct staff to cease issuing "term permits" and require that each event have a
separate permit;
2. Direct staff to prepare amendments to the ordinance, as determined by the City
Council;
3. Direct staff to prepare an amendment to delete Chapter 5.75 and eliminate
commercial events at single family dwellings; or
4. Other action, as determined by the City Council
Attachments:
1. Chapter 5.75 (previously distributed)
A *TPAM$A CITY OF PALM SPRINGS
DEPARTMENT OF PLANNING SERVICES
V N
o....a � MEMORANDUM
Date: May 16, 2012 NEW BUSINESS
To: City Council
From: Craig A. Ewing, AICP, Director of Planning Servi
Subject: UPDATE AND REVIEW OF PALM SPRING !!!MUNICIPAL CODE
CHAPTER 5.75 PERTAINING TO EVENT HOUSES
As a supplement to the information provided on the Event House Ordinance, here are
the Event House permits issued since the ordinance was put into effect.
Total Permits issued: 20
- Of these, 11 were "term permits", 9 were for individual' events.
- We have 2 other applications on appeal (both for "term permits"), and 5
applications denied or rejected for late filing.
Permits issued by Address:
846 W. Chino Canyon Road (Elvis Estate) 815 Panorama (Usher Estate)
12 applications/10 approved: 2 applications/1 approved:
- 6 "term permits" — approved - ^wit"—denied
- 1 "term permit' — now on appeal - 1 individual event— approved
- ' ;,;, permit—denied by AAB
- 3 individual events — approved 780 Via Monte Vista
event— rejected (filed late) 2 applications/0 approved:
- 2 andiv0d al ^ ^^*c — rejected (filed late)
1350 Ladera Cir (Elvis Honeymoon Estate)
6 applications/5 approved: 196 Vereda Sur
- 1 "term permit'—approved 1 application/1 approved:
- 1 "term permit' — now on appeal - 1 individual event— approved
- 4 individual events— approved
1194 Via Miraleste (Lucille Ball House)
232 Santa Catalina (Galvan Estate) 1 application/ 1 approved.
3 applications/3 approved: - 1 "term permit approved
- 3 "term permits" —approved
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PALM SPRINGS MUNICIPAL CODE
Chapter 5.75 EVENT HOUSES
5.75.010 Purpose and intent.
The city recognizes that there are houses and related residential facilities within
the community that due to their location, design, size, or status as a home that may have
been occupied by a celebrity or other famous person, are desirable for the staging of
special events. The city allows such events to be staged in residential areas of the city so
long as such events do not unreasonably interfere with the public health and safety of the
residents or unreasonably endanger any property within the city.
It is the purpose and intent of this chapter to provide the means by which such
events may be reasonably regulated to preserve the public health and safety,provide for
the protection of property, and to maintain harmonious relations between the community
or neighborhood and those engaged in such activities. (Ord. 1745 § 1, 2008)
5.75.020 Definitions.
For purposes of this chapter, the following words and phrases shall have the
meaning respectively ascribed to them by this section:
"Applicant"means the owner of the event house.
"City manager"means that person acting in the capacity of the city manager of
the city of Palm Springs or the city manager's designee.
"Event"means an occurrence or social occasion or other activity that involves a
gathering of persons, including without limitation, a reception or party.
"Event house"means one or more residential dwellings, including either a single-
family detached or multiple-family attached unit, or any portion of such a dwelling or the
property, rented for occupancy for the purpose of staging an event.
"Event house permit"means the registration for an event submitted to the city
pursuant to this chapter.
"Local contact person" means a local property manager, owner, or agent of the
owner,who is available twenty-four hours per day, seven days per week for the purpose
of responding within forty-five minutes to complaints regarding the condition, operation,
or conduct of occupants of the event house, or any agent of the owner authorized by the
owner to take remedial action and respond to any violation of this code.
"Owner"means the person(s) or entity(ies) that hold(s) legal and/or equitable title
to an event house. The term "owner"includes any lessee of an owner who has an
exclusive lease of the event house for a term of at least one calendar month.
ITEM NO. hO
"Property"means a residential legal lot of record on which an event house is
located.
"Responsible person"means an occupant of an event house who is at least
eighteen years of age and who shall be legally responsible for compliance of all
occupants of the unit and/or their guests with all provisions of this chapter and/or this
code.
"Remuneration"means any consideration of any kind, including without
limitation money, services, or goods, of any kind or in any amount, but does not include
reimbursements for actual clean-up costs. (Ord. 1745 § 1, 2008)
5.75.030 Permit required.
Except as otherwise provided in Section 5.75.040, it is unlawful for any person to
stage an event at any property unless such person has first been issued an event
house permit from the city manager for such event. (Ord. 1745 § 1, 2008)
5.75.040 Exception.
The provisions of this chapter shall not apply to any event for which the owner
does not receive any remuneration for an event or for the owner's use of the owner's
property as an event house. (Ord. 1745 § 1, 2008)
5.75.050 Application for permit.
(a) Prior to each use of a property as an event house, the applicant shall submit a
complete application to the city manager on an application form furnished by or
acceptable to the city manager and signed by the applicant under penalty of perjury. Each
application shall be filed at least sixty days prior to the proposed event and contain the
following information:
(1) The name, address, and telephone number of the owner of the unit for which the
permit is to be issued;
(2) The name,address, and telephone number of the agent, if any, of the owner of
the unit;
(3) The name, address,and twenty-four-hour telephone number of the local contact
person;
(4) The address of the residential property proposed to be used as an event house, a
description of the event,date of the event,hours of operation including all pertinent
operation descriptions including without limitation the setup and cleanup, a descriptive list
of all activities proposed to be carried on as part of the event and the location of such
activities, and a list of all facilities which applicant desires to use in conjunction with the
proposed event;
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(5) Evidence of a valid business license issued by the city for the separate business
of operating an event house or similar business activity or submission of a certificate that
owner is exempt or otherwise not covered by the city's Business Tax Ordinance (Division
H,Title 3 of the Palm Springs Municipal Code) for such activity;
(6) Acknowledgement of receipt and inspection of a copy of all regulations
pertaining to the operation of an event house;
(7) The applicant shall provide conclusive evidence that the applicant mailed or
delivered written notice of the application to the all property owners shown on the last
equalized county assessment roll and all occupants of each dwelling unit within three
hundred feet of the proposed event house and to the office of neighborhood involvement of
the city. Such notice shall have been commenced no more than fifteen days before, and
completed no more than three days prior to,the submission of the application to the city
manager. The notice shall include:
(A) The date,time, hours of operation, and a complete description of all activities for
the event house as required to be submitted as part of the application pursuant to
subsections(1)through(4)of this subsection,
(B) The name and twenty-four hour contact phone number of the local contact person
for the property, and
(C) Direction that written comments regarding the event or the use of the property as
an event house may be submitted to the city manager within twenty days of the date of
the notice;
(8) Such other information as the city manager deems reasonably necessary to
administer this chapter.
(b) The application shall be accompanied by a fee established by resolution of the
city council,provided, however, the fee shall be no greater than reasonably necessary to
cover the full cost incurred by the city in administering the provisions of this chapter.
(c) An application for an event house permit may be denied if an event house permit
for the same unit and issued to the same owner has previously been revoked pursuant to
this chapter or if the city manager determines that the applicant failed to provide the
information required in this section or failed to provide the notice as required in
subsection(a)(7) of this section.
(d) All information provided on an application for an event house permit shall be
deemed public information and the owner and/or the applicant shall consent to the
distribution of all such information in such manner or format as the city manager may
determine appropriate, including posting on a city-sponsored web page. (Ord. 1745 § 1,
2008)
5.75.060 Application approval and conditions.
(a) The city manager shall review the application and shall circulate the application to
such departments or agencies as the city manager deems appropriate for recommendation.
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(b) Upon a determination by the city manager that the activities described in the
application form, as may be reasonably conditioned or otherwise limited, do not pose a
threat to the public health and safety and reasonably provide for the protection of
property, the application may be approved. The city manager may impose such
conditions to approval as are necessary or appropriate to make such a determination. if
such a determination cannot be made,the application for an event house shall be denied.
(Ord. 1745 § 1, 2008)
5.75.070 Issuance of permit.
(a) The city manager shall issue an event house permit to applicant upon the approval
or conditional approval of the application for an event house permit, and after applicant
has:
(1) Procured general liability insurance in the amount of one million dollars
combined single limit naming the city of Palm Springs as co-insured(this requirement may
be waived by the city's risk management officer); and
(2) Executed an agreement to indemnify, defend and save the city harmless from any
and all claims and liability of any kind whatsoever resulting from or arising out of the
issuance of such permit; and
(3) Prepaid such costs as the city manager reasonably estimates will be incurred by
city for the use of its personnel and facilities,with overpayments to be reimbursed and
underpayments billed for payment to the applicant thirty days after the event.
(b) The permit shall be subject to the conditions of the approved application. (Ord.
1745 § 1, 2008)
5.75.075 Operational requirements and standard conditions.
(a) The owner shall use reasonably prudent business practices to ensure that the event
house complies with all applicable codes regarding fire, building and safety, health and
safety, and all other relevant laws.
(b) The owner or his or her agent, and/or the local contact person designated by the
owner shall be available at the event house during all activities related to the set up and
break down of the event and at all times during the event for the purpose of responding
promptly to complaints regarding the condition, operation, or conduct of occupants of the
event house.
(c) The owner shall use reasonably prudent business practices to ensure that the
occupants and/or guests of the event house do not create unreasonable noise or
disturbances, engage in disorderly conduct, or violate provisions of the Municipal Code
or any state law.
(d) Notwithstanding the provisions of Section 11.74.043, any radio receiver, musical
instrument, phonograph, loudspeaker, sound amplifier, or any machine or device for the
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producing or reproducing of any sound shall be conducted within an enclosed event
house.
(e) Prior to each event, the owner or the owner's agent or representative shall obtain
the name, address, and driver's license number of the responsible person and shall require
such responsible person to execute a formal acknowledgement that he or she is legally
responsible for compliance of all occupants of the event house or their guests with all
provisions of this chapter and/or the Municipal Code. This information shall be readily
available upon request of any officer of the city responsible for the enforcement of this
chapter.
(f) The owner, or his or her agent, shall, upon notification that the occupants and/or
guests of the event house have created unreasonable noise or disturbances, engaged in
disorderly conduct, or committed violations of provisions of the Municipal Code or any
state law, shall promptly respond in a timely and appropriate manner to prevent a
recurrence of such conduct by those occupants or guests. Failure of the owner or his or
her agent to respond to calls or complaints regarding the condition, operation, or conduct
of occupants of the event house in a timely and appropriate manner, shall be grounds for
imposition of penalties as set forth in this chapter.
(g) Trash and refuse shall not be left stored within public view, except in proper
containers for the purpose of collection by the collectors and between the hours of five
a.m. and eight p.m. on scheduled trash collection days. The owner of the event house
shall use reasonably prudent business practices to ensure compliance with all the
provisions of Chapter 6.04 of the Municipal Code (Waste Disposal and Diversion).
(h) The owner of the event house shall post a copy of the permit and a copy of the
conditions set forth in this section in a conspicuous place within the event house.
(i) The owner shall provide each responsible person of an event house with the
following information prior to occupancy of the event house and/or post such information
in a conspicuous place within the event house:
(1) The name of the managing agency, agent,rental manager, local contact person,
or owner of the unit, and a telephone number at which that party may be reached on a
twenty-four-hour basis;
(2) The maximum number of occupants permitted to occupy the property during the
event;
(3) The trash pick-up day and applicable rules and regulations pertaining to leaving
or storing trash or refuse on the exterior of the property;
(4) Notification that the amplification of music outside of the event house unit is a
violation of this chapter;
(5) Notification that the occupant may be cited or fined by the city and/or
immediately evicted by the owner pursuant to state law, in addition to any other remedies
available at law, for creating a disturbance or for violating other provisions of this chapter;
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(6) Notification that failure to conform to the occupancy requirements of the event
house is a violation of this chapter.
(j) The use of an event house shall not violate any applicable conditions, covenants,
or other restrictions on real property.
(k) The city manager shall have the authority to impose additional standard
conditions, applicable to all event house units, as necessary, to achieve the objectives of
this chapter. A list of all such additional standard conditions shall be maintained and on
file in the office of the city clerk and such offices as the city manager designates.
(1) The standard conditions may be modified by the city manager upon request of the
owner or his or her agent based on site-specific circumstances for the purpose of allowing
reasonable accommodation of an event house. All requests must be in writing and shall
identify how the strict application of the standard conditions creates an unreasonable
hardship to a property such that, if the requirement is not modified,reasonable use of the
property for an event house would not be allowed. Any hardships identified must relate to
physical constraints to the subject site and shall not be self-induced or economic. Any
modifications of to the standard conditions shall not further exacerbate an already
existing problem. (Ord. 1745 § 1, 2008)
5.75.080 Reimbursement of costs to the city.
The applicant shall reimburse the city for all costs incurred by the city which
result from the issuance of the permit and/or the activities authorized therein, including
without limitation any costs for public safety services. (Ord. 1745 § 1, 2008)
5.75.090 Authority to promulgate rules and regulations.
The city manager is authorized to promulgate such rules and regulations as are
necessary to realize the purpose and intent of this chapter and which are not inconsistent
therewith. (Ord. 1745 § 1, 2008)
5.25.100 Violations.
(a) Any person who uses, or allows the use of, property in violation of the provisions
in this chapter is guilty of a misdemeanor for each day in which such property is used, or
allowed to be used, in violation of this chapter. Violations are punishable pursuant to
Sections 1.01.140 and 1.01.150 and the administrative citation provisions of Chapter 1.06
of the Municipal Code, except that the fine for any violation shall be five hundred dollars
for each violation.
(b) Notwithstanding the provisions of Chapter 1.06, any pre-citation or courtesy
notice issued for violations specified in this section may provide for a reasonable
compliance date or time of less than fifteen calendar days but at least thirty minutes from
the date or the time the pre-citation notice is given if, due to the nature of the violation, a
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shorter compliance period is necessary or appropriate, as determined in the reasonable
judgment of the city official issuing the notice.
(c) If the applicant violates any of the conditions of approval, performs those
activities described in the application for an event house permit in a manner that poses a
threat to the public health and safety, endangers the preservation of property, engages in
activities outside the scope of the activities described in the application, or fails to timely
reimburse the city for costs incurred as provided in Section 5.75.090, the city manager
may summarily deny, suspend, or revoke any current or pending event house permit.
(d) The remedies provided for in this section are in addition to, and not in lieu of, all
other legal remedies, criminal or civil, which may be pursued by the city to address any
violation of this code or other public nuisance. (Ord. 1745 § 1, 2008)
5.75.110 Appeal.
Any person aggrieved by an action taken by the city manager may appeal such
action pursuant to the provisions of Chapter 2.50 of the Palm Springs Municipal Code.
(Ord. 1745 § 1, 2008)
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