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HomeMy WebLinkAbout5/21/2008 - STAFF REPORTS - 1.F. FpPLM SA4 iy u .n C 4`'FORa` CITY COUNCIL STAFF REPORT DATE: May 21, 2008 PUBLIC MEETING SUBJECT: CONSIDERATION OF A DRAFT "EVENT HOUSE" ORDINANCE AND PROVIDE DIRECTION TO STAFF FROM: David H. Ready, City Manager BY: Douglas Holland, City Attorney SUMMARY An ordinance regulating "event houses" in the City has been submitted to the City Council for consideration. The draft ordinance assumes that the current practice of treating "event houses' as an incidental use of land in residential zones will continue and provides a regulatory approach to minimize impacts on neighboring residents. RECOMMENDATION: 1. Accept public comment. 2. Determine whether "event houses" should continue to be treated as an incidental use of residential property, and provide direction to staff as the City Council deems appropriate including, without limitation, modifications to the proposed ordinance or direction regarding an alternative approach. 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 draft 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 commonly referred to as "party houses"). Event houses are not expressly permitted in the City's municipal code or its general plan. We suspect that the staging of occasional events at these unique residential properties may have been viewed as incidental uses of residential property and the City ITEM NO. City Council Staff Report May 21, 2008 Extension of Crescendo Development Entitlements treated such uses as generally consistent with a residential use. The City has not treated 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 has 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, but solely use the residence 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 draft ordinance assumes that event houses are, and will continue to be, treated 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 our initial approach that establishes a regulatory program for the use of residential property as event houses. B. Outline of Proposed Ordinance The draft ordinance requires that an Owner apply for an annual permit for a residential property proposed to be used as an Event House. The application contains the typical application requirements (See Section 5.75.050), but also includes two 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 kinds of Events that may be staged at the Event House, the anticipated hours of operation, the maximum number of guests or invitees, proposed plan for the parking of vehicles and/or transportation of guest 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 6.76.050 (4)] 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 notice of the application. [Section 5.75.050 (7)] The draft ordinance provides several ongoing operational rules and regulations. These operation 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).] City Council Staff Report May 21, 2008 Extension of Crescendo Development Entitlements 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. 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 t e fee and cost recovery components of the ordinance. ZJII'W�,445�-�L�' Dougl s Holland, City Attorney C cam, David H. Ready, C Per Attachment: Copy of Draft Ordinance ORDINANCE NO._ (05.15.2008) 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 Mouses. 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 Conditions 5.75.070 Issuance of Permit. 5.75.075 Operational Requirements and Standard Conditions. 5.75.080. Term of Permit 5.75.090. Reimbursement of Costs to the City 5.75.100. Authority to Promulgate Rules and Regulations 5.75.110. Suspension or Revocation of Permit 5.75.120. 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 ORDINANCE NO. Page 2 the protection of property, and to maintain harmonious relations between the community or neighborhood and those engaged in such activities. 5.75.020 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. "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, rented for occupancy for the purpose of staging an Event. "Event House Permit" means an annual registration 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 promptly 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 Chapter. "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. "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. ORDINANCE NO. Page 3 5.75.030 Permit required. Except as otherwise provided herein, it is unlawful for any person to stage an Event at any residential property unless such person has first been issued an Event House Permit from the City Manager. 5.75.040 Exception. The provisions of this Chapter shall not apply to any eventforwhich the Ownerdoes not receive any remuneration for the Event orthe use of the Owner's property as an Event House. 5.75.050 Application for permit. (a) Priorto use of a property as an Event House, the Applicant shall annually submit an application filed with 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 contain the following information: (1) The name, address, and telephone number of the Owner of the unit for which 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 properly proposed to be used as an Event House, a description of the kinds of Events that may be staged at the Event House, the anticipated hours of operation, the maximum number of guests or invitees, proposed plan for the parking of vehicles and/or transportation of guest 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. (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. (6) Acknowledgement of receipt and inspection of a copy of all regulations pertaining to the operation of an Event House. ORDINANCE NO. Page 4 (7) Evidence that conclusively shows that the applicant has provided the owners and occupants of each residential dwelling unit within three hundred (300) feet of the property line of the Event House notice of the application. (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 necessary to cover the full cost incurred by the City in administering the provisions of this Chapter. (c) An application for an Event Home Permit may be denied if an Event Home Permit for the same unit and issued to the same Owner has previously been revoked pursuant to this Chapter. 5.75.060 Application approval conditions. 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. Upon the approval or conditional approval of the application for an Event House Permit, and after applicant has 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 agreeing to reimburse the City for any costs the City may incur in the enforcement of the provisions of this Chapter, including any costs of associated with the provision of public safety services, the City Manager shall issue an Event House Permit to applicant. 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 break down of the Event and at all times during the Event for the purpose of ORDINANCE NO. Page 5 responding promptly to complaints regarding the condition, operation, or conduct of occupants of the Event House. (a) The Owner shall use reasonably prudent business practices to ensure that the occupants and/or guests of the Event House unit 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 stared 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 Unit 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). (i) The Owner of the Event House Unit 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. ORDINANCE NO. Page 6 0) The Owner shall provide each responsible person of a Event House with the following information prior to occupancy of the Event House and/or post such information in a conspicuous place within the Event House: (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 pickup 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 unit is a violation of this Chapter. (k) The use of an Event House unit shall not violate any applicable conditions, covenants, or other restrictions on real property. (1) 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- (n) 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. ORDINANCE NO. Page 7 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. 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. 5.25.100 Violations. (a) Any person who uses, or allows the use of, residential property in violation of the provisions in this Chapter is guilty of a misdemeanor for each day in which such residential 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- (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 less than fifteen (15) calendar days from the date the pre-citation notice is given if, due to the nature of the violation, a shorter compliance period is necessary, 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 suspend or revoke the 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 withoutthe ORDINANCE NO. Page 8 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. STEVE POIIGNET, MAYOR ATTEST: James Thompson, City Clerk ORDINANCE NO. Page 9 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on , 2008 and adopted at a regular meeting of the City Council held on the day of , 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California