HomeMy WebLinkAbout22456 - RESOLUTIONS - 3/25/2009 RESOLUTION NO. 22456
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, SUSPENDING THE NOISE
ORDINANCE (CHAPTER 11.74.00) AND NOISE
NUISANCE ORDINANCE (CHAPTER 11.08.040) FOR A
FUNDRAISING EVENT ON APRIL 25, 2009, FROM 9:30
P.M. TO 11:00 P.M. LOCATED AT 301 NORTH BELARDO
ROAD (O'DONNELL GOLF COURSE).
WHEREAS, The AIDS Assistance Program ("applicant") has requested the waiver of
Chapters 11.74 and 11.08.040 of the Palm Springs Municipal Code for a fundraising
event on April 25, 2009 from 9:30 P.M. to 11:00 P.M. located at 301 North Belardo
Road (O'Donnell Golf Course); 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 proposed event will be beneficial to the visitor-oriented economy as it has
the capability of attracting more than 1,000 guests. The event will generate
favorable publicity and enhance the marketable image for the city because the
funds generated by its success assist low-income men, women and children
living with HIV/AIDS in the Coachella Valley.
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 would impede the conduct of the event as follows:
Resolution No. 22456
Page 2
Noise Ordinance:
Chapter 11.74: The maximum allowable A-weighted decibels for an event
in a commercial area before 10:00 PM are 55 decibels and after 10:00 PM
are 50 decibels. 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 the
event will exceed that provision during the concert and firework show.
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 event will raise funds for a non-profit organization that assists over 500
persons afflicted and living with AIDS/HIV with an annual income of $18,400.00
or less. The temporary ordinance suspensions will only be for an hour and a
half. 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 April 25, 2009, between 9:30 P.M. and 11:00 P.M. (1.5
hours) for the fundraising event located on O'Donnell Golf Course at 301 North Belardo
Road.
ADOPTED THIS 25th day of Mar _ ,
David H. Ready, Cit anager
ATTEST:
lr
/J;�mes Thompson, City Clerk
Resolution No. 22456
Page 3
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. 22456 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 Tem Mills,
and Mayor Pougnet.
NOES: Councilmember Weigel,
ABSENT: None.
ABSTAIN: None.
es Thompson, City Clerk
ity of Palm Springs, California