HomeMy WebLinkAbout22457 - RESOLUTIONS - 3/25/2009 RESOLUTION NO. 22457
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, SUSPENDING THE NOISE
ORDINANCE (CHAPTER 11,74.00) AND THE NOISE
NUISANCE ORDINANCE (CHAPTER 11.08.040) FOR A
DANCE AND FUNDRAISING EVENT ON MAY 30, 2009,
FROM 8:00 P.M. TO 12:00, A.M. AT 5955 EAST RAMON
ROAD (SOUTHEAST CORNER OF RAMON ROAD AND
CROSSLEY ROAD).
WHEREAS, The Associated Student Body of Palm Springs High School ("applicant")
has requested the waiver of Chapters 11.74 and 11.08.040 of the Palm Springs
Municipal Code for a dance ! fundraising event on May 30, 2009 from 8:00 P.M. to
12:00 A.M. located at 5955 East Ramon Road (SE Corner of Ramon Road and
Crossley Road), APN: 680-170-051; and
WHEREAS, a hearing was held by the City Council on March 25, 2009 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 special event is a high school dance that could attract visitors to the City.
The event could potentially enhance the marketable image of the City as it
provides further school sanctioned opportunities for the younger demographic.
Additionally, the event could generate favorable publicity for the City as it will
raise funds for the Associated Student Body (ASB) of Palm Springs High School.
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. 22457
Page 2
The regulatory prohibitions imposed by the Noise and Noise Nuisance
Ordinances would impede the conduct of the event as follows:
Noise Ordinance:
• Chapter 11.74: The maximum allowable A-weighted decibels for an event
in an Industrial zone before 10:00 PM are 60 decibels and after 10:00 PM
are 55 decibels. The outdoor amplified music is likely to exceed this
threshold.
Noise Nuisance Ordinance:
• Chapter 11.08.040 prohibits unreasonably loud noise. It is likely that the
event will exceed that provision.
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 there from 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 special event will raise funds for the ASB of PSHS. These funds will assist
the ASB in providing positive opportunities for the students, such as sending
students to leadership camps. Recent budget cuts have limited the High
School's resources to provide these opportunities; this event will create an
alternate source of funds that could benefit today's youth and ultimately long-
term public welfare and interest. Therefore, the benefit to be derived from the
event will outweigh the public inconvenience that the temporary suspension
entails.
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 on May 30, 2009, between 8:00 P.M. and 12:00 A.M. (4 hours)
for the dance / fundraising event located at 5955 East Ramon Road (southeast corner
of Ramon Road and Crossley Road --APN: 680-170-061),
SECTION 4. That the applicant must abide by all the Conditions of Approval as outlined
in the Land Use Permit approved by the Planning Services Department.
Resolution No, 22457
Page 3
ADOPTED THIS 25th day of March, 2009.
David H. Ready, 044vMhager
ATTEST:
?ames 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. 22457 is a full, true and correct copy, and was dul adopted at a regular
meeting of the City Council of the City of Palm Springs on the 25 h day of March, 2009,
by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern Mills,
and Mayor Pougnet.
NOES: Councilmember Weigel.
ABSENT: None.
ABSTAIN: None.
es Thompson, City Clerk o02oo�
ity of Palm Springs, California