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HomeMy WebLinkAbout9/3/2008 - STAFF REPORTS - 2.F. w �Q�t1rSL1=y�S su ,• � : _ 1 9m P 9�M spRiN�S c August 15, 2008 TO: DOUG I-IOLLAND VIA EMAIL: dholIand(Zz-ass-law.com RE: PS CITY ORDANANCE 1745 —Event Home Dear Mr. Holland, My name is Reno Fontana. My wife, Laura, and 1 own Elvis Presley's Chino Canyon home in Palm Springs. I e b ove I'd like to take this opportunity to address some issues that I believe will strengthen your intentions For providing a working guideline for event houses in Palm Springs such as ours_ I'll be to the point in the interest of time. 3E'f� Upon review of the-Treading of the ordinance, the City of Palm Springs is setting the bar much to low_ Anyone with a home in Palm Springs could apply for an event permit without great difficulty. If the City wants to implement an event ordinance, then make it costly. This accomplishes two things. First, it would let the neighbors where the event house is located know that the owner/resident of the property has paid a premium for a business license in a residential neighborhood and will be extra cautious about safeguarding the peace and tranquility of the neighborhood and protecting the owners financial investment. Second, if the price for the license is high enough, it will immediately disqualify the homeowner who thinks they might make and extra 51000.00 p==math at the troublesome expense of their neighbors. My suggestion is this: $5000.00 Annual license fee—due March I"every year/prorated for new license requests. $ 100.00 Event fee for 50 and under guests $ 200.00 Event fee for 5 1 — 100 guests $ 300.00 Event fee for 101 guests and up $ 250.00 Annual "neighbor fee"to each neighbor within 500ft. of property line. Payment is in consideration of any inconvenience they may incur in the year. For these fees, event house has the right to hold unlimited events and unlimited daily tours of the home within the following conditions set below_ 845 W.Chino Canyon,Palm Springs,CA 92262 Mailing Address: 73091 Country Club Dr.A4-3,Palm Desert,CA 92260PH: 760,322,3211 FAX: 760.992.9227 WEB: www.pselvis.com EML:pselvisl@yahouxom 09 o3`a°p� Cjn EVENT TIMES AND CONDITIONS: • 9:00 a.m. event START time—9:00 pm.event END time. (It usually takes one hour for tear down/clean up and for everyone to enter the property no earlier than 9:OOAM and to be completely vacated from the event by 10:OOPM.) • 12 hr, event times—not 24 • All events over 50 guests will have valet attendant and 1 private licensed security guard assuring no streets blocked to fire trucks and emergency vehicles, or no blocked driveways to neighbors homes. • All events catered. • Events cannot serve hard liquors. Beer,wine, champagne with a 2 drink per person maximum. • No events allowed on Sundays, Mondays, Christmas Eve, Christmas Day • Dedicated"Event Office" phone line and e-mail in City Hall that neighbors have accessto. • Dedicated"Event Manager"at City Hall who can visit events unannounced at any time to check compliance. • Neighbors elect"Event Spokesperson"to voice their concerns to owner/City Event Manager. • Each event home will have a decibel meter on site and abide by noise requirements. • No extreme "bass" sounds allowed at events. • Violations have to be voted on by event neighbors as a whole. Majority rules. No majority—no violation. One grouchy neighbor could make a call to police and a violation would be on event homes record even if 15 other neighbors thought there wasn't a problem_ A neighbor who lives 500 feet away and complains can't have the same "violation impact" as the neighbor who lives 50 feet away ,,///.t/ • Each home has a maximum guest capacity based on an inspection by the fire department. Pee for inspection to be paid by event homeowner. • Obligate realtors to disclose they are in an"event neighborhood" so that future buyers are aware of the city ordinance. This will help a buyer decide to want to live near Elvis Presley's house or not. • 3 days from permit to event SUMMARY I would like to see these points strongly considered and included in the ordinance_ In the past year since August 16"', 2007, we held 11 events of 40 — 150 guests each. In addition, we had approximately 7000 tourists stop for a 30-minute tour of the property. We have bad 4 musical groups record here and during the time of recording, we went to the neighboring homes to make sure the noise did not affect them. In fact, they didn't even hear it and were unaware we had a recording session in progress. In all cases, we adhered to the same time lines and noise restrictions mentioned herein. We live by our own rules that we expect everyone else to live by. Regarding our 4 most immediate neighbors, bordering our property line, all support our events. Not a single one has lodged a complaint with the City in the past year. NOT ONE. We are cognizant of our neighbors desire to enjoy peaceful evenings, and relaxing Sundays. 2 f As an event homeowner, I expect to be held to a very high standard. We are appreciative that our neighbors support our commercial enterprise in a residential area, and we support their desire for tightly controlled and restrained events. A last point I would like to make is that many of our neighbors have been benefiting for years living near our celebrity's home by using it as a landmark "lie live near the Elvis house" or "These are friends of ours from out of town and we wanted to slow them the Elvis House". Fans from around the world have rented nearby neighbors homes just lobe near,Elvis' house. There has been financial benefit to some of- our neighbors just because they live near our home. Frequently in houses for sale in our neighborhood, the realtors write in their ads "located near the Elvis Presley home", which is fine by us. Everyone tries to capitalize on living near a famous home so it makes perfect sense for the City to allow the homeowner to capitalize on their own celebrity home. Although not every contingency can be planned for, the City should delay another 75 days before allowing this ordinance to become law_ This will give the time necessary to make this ordinance one that should satisfy even the most ardent opponent, and give those of us with true event homes the comfort of knowing we can invest in our business at a price that benefits the City and our neighbors, and protects all of our positions. And finally, this ordinance should be reviewed every two years to see if improvements in the law are needed. If you would like to contact me, please call my cell at 760.612.8522. Thank you for your consideration. Sincerely, Reno Fontana 3 � �pALM SA4 r2 r; F H('polnrton 4 CITY COUNCIL STAFF REPORT DATE: September 3, 2008 Consent SUBJECT: PROPOSED ORDINANCE RELATING TO EVENT HOUSES. FROM: David H. Ready, City Manager BY: Douglas Holland, City Attorney SUMMARY The City Council will consider the adoption of an ordinance that would establish a regulatory program for "event houses" in the City. RECOMMENDATION: Waive further reading and adopt Ordinance No. , "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.75 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO EVENT HOUSES." STAFF ANALYSIS: A. Introduction Palm Springs boasts many unique residential properties. These homes are unique for a variety of reasons, including location, design, and the general pedigree or infamy of its previous owners or occupants. These properties, which we refer to in the proposed ordinance and this report as "event houses," are highly desirable sites for the staging of various private events including receptions, weddings, and various celebrations and parties. (It is for this reason that event houses are also commonly referred to as "party houses"). As we discussed when the Council first reviewed a draft of this ordinance in May of this year, and again on July 30 of this year, when the ordinance was introduced, event houses are not expressly permitted in the City's municipal code or its general plan. We concluded that the staging of occasional events at these unique residential properties may have been initially viewed as incidental uses of residential property and the City treated such uses as generally consistent with a residential use. As a result of this view 591i71 I � �f ITEM NO. � City Council Staff Report September 3,2008 Event 1-louse Ordinance of event house properties, the City did not treat the staging of event uses to be violations of the City's codes. Over the last several years, however, it appears that staging event uses on residential property have intensified. More residential properties are being used more frequently for the staging of events. There is a commercial component involved. Owners rent these properties for the event use either to a third party, or directly to a user. In many instances the owner of an event home may not actually live in or occupy the residence as a residential use; the owner uses the residence solely for the staging of events for rent or hire. There is a very compelling argument that event houses may no longer be incidental residential uses, but have evolved into commercial uses of residential properties in violation of the general prohibition of commercial uses in residential zones. The City Council is not required to continue the current practice of allowing such uses in residential neighborhoods. The Council can impose more stringent requirements, or even prohibit the uses entirely. The draft ordinance assumes that the City Council desires to continue to treat event houses as incidental uses, but that such uses should be regulated and more closely monitored. Regulation of incidental residential uses is not a unique concept; several uses that could be viewed as commercial uses are allowed in residential zones subject to a separate regulatory program. For example, the City issues a special permit that allows residential property to be used for film or television productions and photo shoots. The City also allows limited home occupations, The attached ordinance represents an approach that establishes a regulatory program for the use of residential property as event houses. This draft of the ordinance incorporates several approaches and concerns addressed by members of the Council at its meeting in May of this year. B. Outline of Proposed Ordinance The proposed ordinance requires that an Owner apply for permit for each Event proposed for a location. This is probably one of the more significant changes from the earlier draft of the ordinance. The earlier draft provided for the registration of each house proposed to be used as an "Event House," the current draft requires that each Event be subject to a separate permit and that neighboring property owners within 300 feet receive notice of the permit application. Each permit application would need to be filed at least 60 days before the Event. An "Event" is confined to a twenty-four hour period of time, including time for set-up and break down, and no more than three Events a year can be staged at any one property. The application provisions contain typical application requirements (See Section 5.75.050), but also include additional requirements that should assist in making the proposed activity more compatible to the neighborhood. The Owner is required to provide not only the address of the proposed Event House, but a description of the Event, the date of the Event, the hours of operation, the maximum number of guests or invitees, proposed plan for the parking of vehicles and/or transportation of guests or invitees to and from the Event House, and a list of all facilities which applicant desires to use in conjunction with the use of the property as an event House. [Section 5,75.050 (4).] 594571 1 City Council Starl'Report September 3,2008 Event House Ordinance The Owner is also required to submit evidence that conclusively shows that the Owner has provided the owners and occupants of each residential dwelling unit within three hundred (300) feet of the property line of the Event House written notice of the application. Such notice is also required to contain all applicable contact information consistent with the designation of a contact person requirement in other provisions of the ordinance [Section 5.75.050 (7)] The ordinance, as introduced, does not contain any "posting" requirement. The draft ordinance provides several ongoing operational rules and regulations. These operational rules include the following: 1. 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. [5.75.075 (b).] 2. Any radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier, or any machine or device for the producing or reproducing of any sound shall be conducted within an enclosed Event House. [5.75.075 (d).] 3. Identify the responsible person for each Event for the convenience of the City [5.75.075(e)] and the requirement to promptly respond to all complaints [5.75.075(% 4. The Owner of the Event House Unit shall post a copy of the permit and a copy of the conditions of the permit in a conspicuous place within the Event House. 5. The Ordinance also authorizes the City Manager to impose additional standard conditions, applicable to all Event House units, as necessary to achieve the objectives of this Ordinance. [5.75.075(1).] In addition, the City Manager has the authority to address site-specific circumstances and impose appropriate conditions. [5.75.075(m).] The City will have the full panoply of enforcement tools available under the City Municipal Code including, without limitation, the ability to prosecute violations as misdemeanors, issue administrative citations, and initiate civil actions as needed. In addition, the City Manager also has the authority to suspend or revoke permits for violations. The ordinance also includes a provision that the minimum fine for an administrative citation will be $500.00 and, therefore, the typical escalation of fines commencing at $100.00 for administrative citations will not be applicable to violations of the Event House Ordinance. 5'74571.1 ] City Council Staff Report September 3,2008 Event House Ordinance FISCAL IMPACT The Ordinance contemplates the imposition of a fee and cost recovery program that should make the implementation of the ordinance cost neutral. Existing City resources will be sufficient to cover any start up costs which we anticipate will be reimbursed through the fee and cost recovery components of the ordinance. Douglas Holland, City Attorney David H. Ready, Cit r er Attachment: A Copy of the Event House Ordinance 544571 1 ORDINANCE NO._ (Introduced 07.30,2008) AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.75 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO EVENT HOUSES. City Attorney Summary This Ordinance adds Chapter 5.75 to the Palm Springs Municipal Code to provide regulations applicable to Event Houses. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: SECTION 1. Chapter 5.75 is hereby added to the Palm Springs Municipal Code to read as follows. Chapter 5.75 Event Houses Sections: 5.75.010 Purpose and Intent 5.75.020 Definitions 5.75.030 Permit Required 5.75.040 Exception 5.75.050 Application for Permit 5.75.060 Application Approval and Conditions 5.75.070 Issuance of Permit. 5.76.075 Operational Requirements and Standard Conditions. 5.75.080. Reimbursement of Costs to the City 5.75.090. Authority to Promulgate Rules and Regulations 5.75.100. Suspension or Revocation of Permit 5.75,110. Appeal 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. 5945661 ORDINANCE NO. Page 2 6,75.020 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 and the duration of which, including set up and clean-up, does not exceed a twenty-four hour period of time. "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 (24) hours per day, seven (7) days per week for the purpose of responding within forty-five (45) 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. "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 (18) 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. 5945GG I - ORDINANCE NO. Page 3 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. 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 use of the Owner's Property as an Event House. 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 (60) days prior to the proposed Event and contain the following information: (1) The name, address, and telephone number of the Owner of the unitforwhich 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 24-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. (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 II, Title 3 of the Palm Springs Municipal Code) for such activity. 594566 1 - ORDINANCE NO. Page 4 (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 all of the 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 (15) days before, and completed no more than three (3) days prior to, the submission of the application to the City Manager. The notice shall include: i. 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 Paragraphs (1), (2), (3), and (4) of this Subsection (a): ii. The name and twenty-four (24) hour contact phone number of the Local Contact Person for the Property; and iii. 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 (20) 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. SyaSl6 I ORDINANCE NO. Page 5 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. (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. 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 (30) days after the Event. (b) The permit shall be subject to the conditions of the approved application. 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 594566 1 09 ORDINANCE NO. Page 6 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 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 priorto occupancy of the Event House and/or post such information in a conspicuous place within the Event House: 5945661 1� ORDINANCE NO. Page 7 (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 24-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. (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. 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. 59�SbG.I ORDINANCE NO. Page 8 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. 5.26.100 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 Section 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 $500.00 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 (15) calendar days, but at least thirty(30) minutes from the date or the time the pre-citation notice is given if, due to the nature of the violation, a 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. 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. SECTION 2. If any provision, clause, sentence, or paragraph of this Ordinance, or the application thereof to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance which can be given effect without the 594 566 1 i ORDINANCE N0, Page 9 invalid provision or application, and, to this end, the provisions of this Ordinance are hereby declared to be severable. SECTION 3. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED THIS DAY OF , 2008. STEPHEN P. POUGNET, MAYOR ATTEST: James Thompson, City Clerk APPROVED S TO FORM: Douglas Holland, City Attorney 594566.1 Q