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HomeMy WebLinkAbout3/25/2009 - STAFF REPORTS - 2.G. FAM Palm Springs Hospitality Association May 15, 2008 Mayor Steve Pougnet City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Dear Mr. Mayor: The Palm Springs Hospitality Association Board of Directors is pleased to inform you that this year's White Party Event turned out to be quite successful. As you know, there was some concern about the event moving from Easter, but it appears that the move did not deter attendance. The Wyndham Hotel reported a 20% increase in attendees, and in overall revenues (as compared to last year), and stated that their business volume for the event is now back to the same level they enjoyed in 2002 (when attendance was at a peak). The Hilton Hotel, who caters the Tea Dance event on Sunday afternoon, and several LGBT hotels, home rental companies, downtown restaurants, and retailers reported similar results. The Convention Center reported that attendance at the Saturday Night event itself was similar to last year (around 3,200), but attendance at the pool parties was definitely up from last year. The White Party will be celebrating its 20th year in 2009 and has become one of the most popular lifestyle events in the world, and brings Palm Springs worldwide publicity among LGBT consumers (in much the same way that the Palm Springs International Film Festival brings worldwide publicity to mainstream consumers). The Hospitality Association believes Palm Springs needs to welcome and embrace this event, which appeals to an international audience - consumers who are willing to spend their discretionary income in our city, and who return year after year, and year-round, to enjoy the attributes Palm Springs has to offer. It is estimated that there were between 13,000 and 15,000 people in �Tr CO ,31L.f_4Aq1dS&A4 attendance throughout the weekend; many of whom did not actually attend the main event at the Convention Center. Much like Super Bowl draws people without a ticket to a city, people come to Palm Springs just because it's White Party Weekend, and/or to attend one of the pool parties or other private parties that take place throughout the city over White Party Weekend. The promoter has clearly recommitted himself to the event, and to the city of Palm Springs (despite opportunities in other regional destinations). He has also been quite conscientious about safety issues, and has not only been supportive of a no tolerance policy regarding drug or alcohol abuse, but has also taken a proactive stance in enforcing it (at his own expense). The Palm Springs Hospitality Association is in support of this annual event and would like to see it continue. We believe that the city's commitment to the event (and of others like it) goes beyond supporting the event itself. Rather, we believe it sends a cultural message of openness to the LGBT community throughout the world - a message that could be damaged if the commitment appeared to waiver. As you all know, part of the City's commitment to the White Party Weekend includes the annual waiving of the noise ordinance for the Sunday afternoon Tea Dance. We hope the Council will continue to be willing to waive the noise ordinance for the promoter in order to ensure that our "Super Bowl" does not go to another city. Sincerely, Michael Green Palm Springs Hospitality Association cc: Palm Springs City Council, David Ready, City Manager, Mary Jo Ginther, Bureau of Tourism, Jim Dunn, Palm Springs Convention Center, Jeffrey Sanker David Newell From: Lee A. Husfeldt Sent: Wednesday, March 25, 2009 9.52 AM To: David Newell, Craig Ewing Subject: FW: Baristo weighs in for White Party FYI From: Baristo [mailto:Baristo@verizon.net] Sent: Wednesday, March 25, 2009 9:48 AM To: Lee A. Husfeldt Cc: David Ready; John Williams Subject: Re: Baristo weighs in for White Party Lee - you beat me to it. Our neighborhood is overwhelmingly in favor of waiving the noise ordinance for the White Tarty. On behalf of the Baristo neighborhood i will be addressing the council tonight during the public comments portion of the meeting_ Thank you for following up. David Carden,jr-, Chair Baristo Neighborhood Org. -----Original Message ----- From: Lee A_H�sfeldt To: Baristo Sent: Wednesday, March 25, 2009 9:25 AM Subject: RE: Baristo weighs in for White Party David, What is the Baristo Neighborhood Organization's position on the waiver of the noise ordinance? Lee From: Baristo [mailto:Baristo@verizon.net] Sent: Monday, March 23, 2009 10:20 AM To: David Ready Cc: Lee A. Husfeldt; John Williams Subject: Fw: Baristo weighs in for White Party Mr. Ready - this is a copy of the e-blast sent out to all members of the Baristo Neighborhood Org. to provide feedback on the White Party request for a waiver of the noise ordinance 4/10- 4/12, l will be addressing the council this Wednesday during public comment. l�s`aoo q �r 2�s7'iC'N.fl� David Carden,jr., Chair Baristo Neighborhood Org. -----Original Message ----- From: B ra isto Sent: Monday, March 23, 2009 10:16 AM Subject: Baristo weighs in for White Party ill everyone - As you know, the White Party comes to Palm Springs over the weekend of April 10-12 and the city council is being asked to waive the noise ordinance during that time to allow for the outdoor activities/special events - usually music_ Since the Baristo neighborhood is affected by this event we want your feedback - support or not - for the waiver of the noise ordinance that weekend. While we recognize that some complexes within our boundaries may be affected more than others we also recognize that this is a major event for Palm Springs which brings in a substantial amount of money to our city through hotel /bed tax, entertainment and restaurant revenues. The organizers have been very cooperative over the past few years in keeping to the time lines allowed and ending the festivities as scheduled. The BNO will be doing a presentation with your feedback at this Wednesday's city council meeting. Thank you in advance for participating in this poll. This is another example of how neighborhoods can, and do, work with city hall to cooperate and provide feedback on issues as they affect our quality of life. Please reply by Tuesday, March 24th - S p.m. Regards, David Carden,jr., Chair Baristo Neighborhood Org. �VPAMS, iZ V n • h H A °nondco ° c9`1F°"` CITY COUNCIL STAFF REPORT DATE: March 25, 2009 Consent Calendar SUBJECT: REQUEST BY JEFFERY SANKER ENTERTAINMENT TO SUSPEND THE NOISE ORDINANCE (CHAPTER 11.74.00), NOISE NUISANCE (CHAPTER 11.08.040), SIGN ORDINANCE (CHAPTER 93.20.00) AND DANCES (CHAPTER 5.12) AND APPROVE A CARNIVAL ON APRIL 10 11 AND 12, 2009, FOR THE WHITE PARTY LOCATED AT 888 E. TAHQUITZ CANYON WAY, 277 N. AVENIDA CABALLEROS AND 444 E. ARENAS ROAD. FROM: David H. Ready, City Manager BY: Director of Planning Services SUMMARY Staff is requesting that the Council adopt a Resolution waiving the Noise Ordinance, Noise Nuisance Ordinance, Sign Ordinance, and Dance Ordinance temporarily to facilitate the 2009 White Party event. RECOMMENDATION: Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUSPENDING THE NOISE ORDINANCE (CHAPTER 11.74.00), NOISE NUISANCE (CHAPTER 11.08.040), SIGN ORIDNANCE (CHAPTER 93.20.00) AND DANCES (CHAPTER 5.12) AND APPROVING A CARNIVAL ON APRIL 10, 11 AND 12, 2009 TO FACILITATE THE PLANNED EVENTS FOR THE WHITE PARTY LOCATED AT 888 EAST TAHQUITZ CANYON WAY, 277 NORTH AVENIDA CABALLEROS AND 444 EAST AREANAS ROAD. ITEM NO, 2 ' G� City Council Staff Report March 25, 2009 Ordinance Suspension for White Party Event Page 2 of 5 BACKGROUND: The current proposal for the 2009 White Party will be the twentieth consecutive year of the event in the City of Palm Springs. The event utilizes a wide range of venues, this year including the Wyndham Hotel, the Convention Center, and the vacant lot at the northeast corner of East Arenas Road and Calle Encilia. The event is scheduled for April 10-12, 2009. Throughout the history of the event, the City has recorded a number of noise-related complaints for all three locations. The noise complaints have been a result of loud music coming from the events. Additionally, over the years, staff has worked with the event organizers on ways to reduce noise concerns, such as position of speakers etc. If the City Council wishes to facilitate the 2009 event, certain regulatory ordinances that would normally impede such an event will need to be temporarily suspended pursuant to Chapter 6.12 of the Municipal Code. The Ordinances to be suspended are the Noise Nuisance (Chapter 11.08.040), Dances (Chapter 5.12), Sign (Chapter 9320.00), and Noise Ordinances (Chapter 11,74.00). This year, the White Party is scheduled from April 10-12, 2009. Main events are the Opening Party on April 10, the White Party on April 11, and the Tea Dance/Carnival and Fireworks Display on April 12. The following table indicates the time, place, and anticipated attendance at each event: Date/Time Location/Event Anticipated Attendance April 10, 2009 Wyndham Hotel Approximately 1,500 9:00 PM to 4:00 AM April 11, 2009 Wyndham Hotel / Pool Party Approximately 2,500 10:00 AM to 6:00 PM April 11, 2009 Palm Springs Convention Approximately 3,500 9:00 PM to 5:00 AM Center April 12, 2009 Vacant lot on Arenas Road Approximately 3,500 3:00 PM to 10:00 PM and Calle Encilia/Tea Dance Party and Fireworks Display__ DISCUSSION: The promoter has applied for a Land Use Permit for the Arenas Road and Wyndham Hotel events and the Convention Center issues permit for its own events. The only events that will be held outdoors with amplified music are the Pool Party at the Wyndham Hotel and the Tea Dance on the vacant lot on Arenas Road. The schedule of events was reviewed by the Special Events Planning Team (SEPT) on January 13, 2009. The concerns addressed by City staff at that meeting have been 02 City Council Staff Report March 25, 2009 Ordinance Suspension for White Party Event Page 3 of 5 addressed in the Conditions of Approval imposed by the Land Use Permit, a copy of which is attached to this staff report. All indoor events will be inspected by the Palm Springs Fire Department for compliance with building occupancy limits. Emergency medical services will be provided for all events by an organization licensed in Riverside County for EMS under contract with the applicant. The event at the Convention Center will be staffed by Convention Center security as well as the Palm Springs Police Department. The applicant has placed a deposit against the cost of City staff time and has agreed to reimburse the City for any costs exceeding the deposit. A ten minute fireworks display is proposed for approximately 9:00 P.M_ as part of the Tea Dance which will require the closing of Arenas Road for the proposed fireworks display for approximately twenty minutes. Traffic control will be handled by PSPD with assistance from Street Maintenance. There will also be additional Palm Springs Police officers at the event. The fireworks display and a proposed Ferris-wheel will all be inspected and permitted by the Palm Springs Fire Department. The neighbors surrounding the Arenas Road lot will all be notified by the applicant via the Office of Neighborhood Involvement prior to the event and additional notification of the White Party Events will be published in the Desert Sun. The applicant has estimated that 3,000 hotel rooms have been allotted to serve guests arriving for this year's White Party, The Land Use Permit and Resolution are Categorically Exempt from California Environmental Quality Act (CEQA) under Section 16323 (Normal Operations of Facilities for Public Gatherings) of the CEQA Guidelines. REQUIRED FINDINGS: Pursuant to Chapter 6.12 of the Municipal Code, the fallowing findings are required for the temporary suspension of regulatory ordinances: 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 bring in approximately 3,000 hotel room bookings for the weekend contributing to the tenant-occupancy tax revenues of the City and providing the opportunity for further tourist-based commerce during times between the events. The event has achieved a national prominence and its continued success will bring tourists to the City each year for subsequent events. e,� City Council Staff Report March 25, 2009 Ordinance Suspension for White Party Event Page 4 of 5 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, Noise Nuisance, Sign, and Dance Ordinances will impede the conduct of the event as follows: Noise Ordinance: • The maximum allowable A-weighted decibels for an event in a residential area after 6:00 PM are approximately 55 decibels for a high-density residential area. 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, taken as a collective event, the White Party will exceed that provision in its normal course of events. Sign Ordinance: • It is likely that signage promoting the event and directing attendees will exceed the limitations of the sign ordinance. While the sign ordinance does provide a special event permit, the scope of this event combined with the need to react to events at the time of the event would render the issuance of a special event sign permit ineffective. Dance Ordinance: • The Wyndham Hotel currently has a dance permit that is likely to be exceeded by the extent of the White Party Events. Requiring the Wyndham to revise the permit in perpetuity for these annual events when the event is covered by the Land Use Permit is redundant and would not as well address the specifics of the event. 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. _� I� � City Council Staff Report March 25, 2009 Ordinance Suspension for White Party Event Page 5 of 5 The increase in tourist-traffic and the opportunity to hold an event of nationally- recognized importance outweigh the mitigated inconvenience that the temporary suspension of the ordinances would entail. CONCLUSION: The White Party has been an event in Palm Springs for nineteen years. A number of conditions have been required for issuance of the Land Use Permit as a result of Special Events Planning Team (SEPT) review. With the requirements of the various City Departments satisfied and appropriate findings available to support the waivers, staff is recommending adoption of a Resolution temporarily suspending the Noise Nuisance, Dance, Sign and Noise Ordinances for the 2009 White Party. FISCAL IMPACT: The applicant has agreed to reimburse the City for all costs exceeding the deposit; therefore there will be no fiscal impact. 4rg "WingAll Thomas J. Wilson Director of Plan n Services Assistant City Manager David H. Ready City Manager Attachments: 1. Draft Resolution 2. Site Plans or Pool Party and Tea Dance 3. Land Use Permit and Conditions or Approval 4. Estimated Police, Fire, Public Works Costs RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUSPENDING THE NOISE ORDINANCE (CHAPTER 11.74.00), NOISE NUISANCE (CHAPTER 11.08.040), SIGN ORIDNANCE (CHAPTER 93.20.00) AND DANCES (CHAPTER 5.12) AND APPROVING A CARNIVAL ON APRIL 10, 11 AND 12, 2009 TO FACILITATE THE PLANNED EVENTS FOR THE WHITE PARTY LOCATED AT 888 EAST TAHQUITZ CANYON WAY, 277 NORTH AVENIDA CABALLEROS AND 444 EAST AREANAS ROAD. WHEREAS, Jeffery Sanker Entertainment ("applicant") has requested the waiver of Chapters 11.74, 11.08.040. 93.20.00 and 6.12 of the Palm Springs Municipal Code; and WHEREAS, a hearing was held on March 25, 2009, to review the resolution; and WHEREAS, the City Council desires to facilitate the White Party; 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, a Land Use Permit has been issued for the event, including conditions intended to assure that the event causes minimal adverse effects on surrounding properties and on the community in general, 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 bring in approximately 3,000 hotel room bookings for the weekend contributing to the tenant-occupancy tax revenues of the City and providing the opportunity for further tourist-based commerce during times between the events. The event has achieved a national prominence and its continued success will bring tourists to the City each year for subsequent events. 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 Resolution No. Page 2 be suspended during limited periods of time, in designated locations, to facilitate certain special events. The regulatory prohibitions imposed by the Noise, Noise Nuisance, Sign, and Dance Ordinances will impede the conduct of the event as follows: Noise Ordinance: • The maximum allowable A-weighted decibels for an event in a residential area after 6:00 PM are approximately 55 decibels for a high-density residential area. 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, taken as a collective event, the White Party will exceed that provision in its normal course of events. Sign Ordinance: • It is likely that signage promoting the event and directing attendees will exceed the limitations of the sign ordinance. While the sign ordinance does provide a special event permit, the scope of this event combined with the need to react to events at the time of the event would render the issuance of a special event sign permit ineffective. Dance Ordinance: • The Wyndham Hotel currently has a dance permit that is likely to be exceeded by the extent of the White Party Events. Requiring the Wyndham to revise the permit in perpetuity for these annual events when the event is covered by the Land Use Permit is redundant and would not as well address the specifics of the event. 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 tourist-traffic and the opportunity to hold an event of nationally- recognized importance outweigh the mitigated inconvenience that the temporary suspension of the ordinances would entail. Resolution No. Page 3 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 are 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, Nuisance Ordinance, Sign Ordinance and Dance Permit Ordinance. SECTION 3. That the regulatory ordinances designated in Section 2 shall remain in full force and effect except as to the event dates and activities as follows: Date/Time Location/Event Anticipated Attendance April 10, 2009 Wyndham Hotel Approximately 1,500 9:00 PM to 4:00 AM April 11, 2009 Wyndham Hotel Pool Party Approximately 2,000 10:00 AM to 6:00 PM April 11, 2009 Convention Center Approximately 3,500 9:00 PM to 5:00 AM April 12, 2009 Vacant lot on Arenas Road Approximately 3,500 3:00 PM to 10:00 PM and Calle Encilia /Tea Dance ADOPTED THIS 25th day of March, 2009. David H. Ready, City Manager ATTEST: James Thompson, City Clerk �S Resolution No. Page 4 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. _ 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 by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California Ll �SNOW M w Lo CREE CAFE' JARDI SAN JACINTO RESTAURANT ANOREAS HIAO BOOM ALO ROOM WOU�MEN ROOM SANTA RDSA MARGARITA'S I MOJAVE OUTDOOR DINING BLUE WATER OASIS I p O :ONCIERGE I CATALINA LORRY Y Ban OASIS POOL SPA I DEMO � o MAOE� . - COURTYARD - Q p CALIFORNIA YSIFFRAVENTLri, EGISTRATIOGIFT SHOP SPA KIDDY POOL TING GREEN CONVENTION w CENTER Q IC S lr 71 M HAIRKRODM w IBOO HEALTl1 �� SPA SPA SPRINGS LECTURE HALL ------------ p y+ Q 0 . sru=e t.:�i tens rs is F 14fifl'4 G Z� RA4S '9A1:CE F-0CR*[ems'% {30 DAU [� ]q4� capes i p p f} (11, CADp ra `"1 FExsie r � v wfs t Len C vu Cni�[j ts' I' 7� Z r SbuPtx W2T3 scar K,26A f, inn?4+-ant ' yfC�r FoeY ARENAS Rb, �325.Ycnml ¢?m}LatlPlYupl,941GE 5 SM1� {�-�epR -�-ems- "'" City of Palm Springs Department of Planning Services VN Land Use Permit No. 09-006 FN� Applicant Mailing Address Phone Bill Ransom on behalf of Jeffery 8424 Santa Monica Boulevard, 9803 (310) 360-6100 Sanker Entertainment West Hollywood, CA 90069 E-Mail jeffsanker@aol-co m Business Name Site Address White Party 2009 444 East Arenas Road PROCEDURE: An application for a land use permit shall be submitted to the Department of Planning Services, and shall be accompanied by the following: 1. A Processing fee of$696.00 2. Such other information as the Director of Planning Services may require, including, but not limited to: adjacent uses, photographs, building elevations, landscape plans, design studies, furniture information, etc. STATEMENT OF ACTIVITY: Applicant shall submit a statement of the use, expected size, volume, hours, and length of operations; information relating to sanitation, noise, air pollution, vehicle parking, traffic circulation, and any other information of the proposed project- The application is for the 2009 White Party Event to be held at the Wyndham Hotel, the Palm Springs Convention Center and the vacant lot at the northeast corner of E. Arenas Road and Calle Encilia. Date/Time Location/Event Anticipated Attendance April 10, 2009 Wyndham Hotel Approximately 1,500 9:00 PM to 4:00 AM April 11, 2009 Wyndham Hotel Pool Party Approximately 2,000 10:00 AM to 6:00 PM April 11, 2009 Palm Springs Convention Center Approximately 3,500 9:00 PM to 5:00 AM April 12, 2009 Vacant lot on Arenas Road and Approximately 3,500 3:00 PM to 10:00 PM Calle Encilia/Tea Dance The Tea Dance will include a fireworks show that will require the temporary closure of Calle Encilia during the course of the event. CONDITIONS: See attached- TRANSFER: Transfer of Land Use Permit to another applicant is subject to review and approval by the Director of Planning Services. REVOCATION: The Director of Planning Services may revoke any Land Use Permit that does not meet or com ly with conditions and re uireme_nts of this permit. plL,can ' ignature Permitcfiorter Signature Date Account# `TI 311/�09 011-32204 x� City of Palm Springs �pALM Sp Department of Planning Services 3200 E. Tahquitz Canyon Way " Palm Springs, CA 92262 o (760) 323-8245 -- direct(760) 322-8360 —facsimile C4LfKO A�`P• LAND USE PERMIT #09-006 CONDITIONS OF APPROVAL DATE: March 11, 2009 REQUEST: The application is for the 2009 White Party Event to be held at the Wyndham Hotel, the Palm Springs Convention Center and the vacant lot at E. Arenas Road and Calle Encilia. Date/Time Location/Event Anticipated Attendance April 10, 2009 Wyndham Hotel Approximately 1,500 9:00 PM to 4:00 AM April 11, 2009 Wyndham Hotel Pool Party Approximately 2,000 10:00 AM to 6:00 PM April 11, 2009 Palm Springs Convention Approximately 3,500 9:00 PM to 5:00 AM Center April 12, 2009 Vacant lot on Arenas Road and Approximately 3,500 3:00 PM to 10:00 PM I Calle Encilia/Tea Dance The Tea Dance will include a fireworks show that will require the temporary closure of Calle Encilia during the course of the event. APPLICANT: Bill Ransom on behalf of Jeffery Sanker Entertainment (JSE) LOCATION: 888 E. Tahquitz Canyon Way and 444 E. Arenas Road Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief, or their designee, depending on which department recommended the condition(s). Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning this Land Use Permit application. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will 2 advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but shou Id it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. This land use permit authorizes the promoter to operate a temporary three day event at the above locations and times. The Tea Party event on the vacant lot shall end at 10:00 p.m. Sunday, April 12, 2009 and all clean-up activities shall be satisfactorily concluded by 5 p.m. Monday, April 13, 2009. 4. This application approves the use of outdoor entertainment for the Wyndham Hotel Poo I Party corresponding to the time limits imposed on that location. 5. This application approves the use of outdoor entertainment for the Tea Party on Arenas Road corresponding to the time limits imposed on that location. 6. The pyrotechnics show is limited to Low Level Devices, no Salutes or Concussions- 7- Outside speakers shall be located so as to minimize noise impacts on surrounding land uses. The attached speaker layout is approved for the Wyndham Pool Party and the Tea Dance. Adjustments to speaker location may be required by the City to further reduce noise as needed. 8. The applicant/operator shall work with the Palm Springs Police Department to amicably resolve any noise complaints received during the event. 9. The applicant shall comply with the requirements of the City traffic control plan as approved by the Public Work, Fire and Police Departments. 10. The applicant shall place signs around the Tea Dance directing that participants turn off their cellular phones to avoid accidental emergency calls. 11. The applicant shall contract with American Medical Response (AMR) and / or the Palm Springs Fire Department (PSFD) for ambulance transportation and medical aid needs as determined or required by the Palm Springs Fire Department. Written confirmation of an agency's participation (in the form of a signed contract) is required no later than March 27, 2009, and shall be provided to the Planning Department and the Palm Springs Fire Department. 12. A secondary form of communication to initiate 911 emergency calls shall be coordinated and approved through the Palm Springs Fire Department 1 3_ The applicant shall notify in the Desert Sun and to the surrounding neighbors about the event and the planned pyrotechnic show. Proof of the notification shall be approved by Lee Hudsfeldt in the Office of Neighborhood Involvement by March 27, 2009, and the approval must be submitted to the Planning Department. r � 3 14. The application shall obtain permits from the Riverside County Health Department for all food vendors that are associated with this short term event. A copy of the approved permits is shall be provided to the Planning Department prior to the event. 15. All participants of the Wyndham Hotel Pool party are required to remain clothed while in the public event. 16. A license issued by the Department of Alcoholic Beverage Control shall be obtained and a copy submitted to the Planning Department prior to the event. 17. If grubbing of the Tea Party site is required, a PM10 plan must be approved by the City of Palm Springs Engineering Department and a permit issued by the Department of Building and Safety prior to any grubbing activity. A copy of the permit shall be submitted to the Planning Department prior to the commencement of set-up activities on the site. 18. A signed contract for portable toilets shall be provided to the Department of Planning Services no later than March 27, 2009. 19. A JSE contact list for all events is must be submitted to the Fire, Police, and Planning Departments by March 27, 2009. 20. The applicant will coordinate with the Palm Springs Fire and Police Departments to determine staffing requirements at their events at the satisfaction of the respective departments. 21. A deposit (payable by cashier's check, cash, or money order) of $8,000.00 against City staff costs must be submitted to the City by 4:00 PM on March 27, 2009, to Michele Cirone-Collier in the Parks & Recreation Department. 22. JSE is responsible for reimbursing the City for all staff costs in excess of the $8,000.00 deposit. 23. All sites used for the event will be returned to their previous condition by April 13, 2009, at 5:00 PM. 24. This Land Use Permit shall be made available to City officials upon request. Failure to comply with Municipal Codes, Ordinances, and the conditions of this land use permit may result in revocation of this permit. Should the permit not be available upon request, such permit shall be considered null and void during the time it is not available. 25. All events must comply with all applicable ordinances of the City of Palm Springs, including the noise ordinances, unless said ordinances are modified or waived by City Council action. 26. Revocation. a. When the conditions of a land use permit have not been or are not being complied with, the Director of Planning Services shall notify the permittee of intention to revoke such permit. The permittee shall be given opportunity at an office hearing to show cause why the permit should not be revoked. If good cause is not shown, the Director may revoke the permit. Such revocation may be appealed to the City Manager. b. The Palm Springs Fire Marshal may revoke this permit immediately if occupancy, exiting or other safety issues require such action. d 4 c. Transfer of this land use permit to another applicant or location is prohibited for this short- term event. 27. Amendment. a. None permitted for this short-term event. Attachments: 1. Site Plan of Tea Dance 2. Site Plan of Pool Party 3. Draft Noise Ordinance Waiver Resolution A. Draft City Council Staff Report Director of Planning Services Signature: Date: 3 Il o �7 Applicant's Signature: Date: z6 5 QA�M S City of Palm Springs .c Department of Planning Services 3 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 • Tel: (760) 323-8245 Fax: (760) 322-8360 ZIFOVL MEMORANDUM Date: March 25, 2009 s To: City Council From: Director of Planning Services Subject: White Parry 2009— Estimated Police, Fire, and Streets/Traffic Maintenance costs Below are the cost estimates for Police, Fire and Streets/Traffic Maintenance for the Tea Party event held on April 12, 2009: Police Department $ 3,408.00 Fire Department $ 2,000.00 Streets/Traffic Maintenance: Labor and Equipment $ 1,460.00 Total: $ 6,868.00 � d