HomeMy WebLinkAbout22461 - RESOLUTIONS - 4/1/2009 RESOLUTION N0. 22461
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 AN
EVENT ON APRIL 12, 2009, FROM 12:00 P.M. TO 4:00
P.M. AT 225 VIA LOLA ROAD.
WHEREAS, The Desert AIDS Project ("Applicant") has requested the waiver of
Chapters 11.74 and 11.08.040 of the Palm Springs Municipal Code for an event on April
12, 2009, from 12:00 P.M. to 4:00 P.M. located at 225 Via Lola; and
WHEREAS, a hearing was held by the City Council on April 1, 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.
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.
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 regulatory prohibitions imposed by the Noise and Noise Nuisance Ordinances
would impede the conduct of the event as follows:
Resolution No. 22461
Page 2
Noise Ordinance:
• Chapter 11.74: The maximum allowable A-weighted decibels for an event
in a low density residential zone is 55 decibels between 7:00 A.M. and
6:00 P.M. The 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.
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 12, 2009, between 12:00 P.M. and 4:00 P.M. (4 hours)
for the event located at 225 Via Lola.
ADOPTED THIS 1ST DAY OF APRIL, 2009.
David H. Ready, City-P ka�ger
ATTEST:
ames Thompson, City Clerk
Resolution No. 22461
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. 22461 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 the 1st day of April, 2009, by
the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern Mills,
and Mayor Pougnet.
NOES: Councilmember Weigel.
ABSENT: None.
ABSTAIN: None.
mes Thompson, City Clerk
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