HomeMy WebLinkAbout22200 - RESOLUTIONS - 4/2/2008 RESOLUTION NO. 22200
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 ORDINANCE (CHAPTER
93.20.00) AND DANCES (CHAPTER 5.12) AND
APPROVING A CARNIVAL ON APRIL 18, 19, AND 20,
2008 TO FACILITATE THE PLANNED EVENTS FOR THE
WHITE PARTY LOCATED AT 888 E. TAHQUITZ CANYON
WAY, AND 277 N. AVENIDA CABALLEROS.
WHEREAS, Jeffery Sanker Entertainment ("applicant') has requested the waiver
of Chapters 11.74, 11.08.040. 9320.00 and 5.12 of the Palm Springs Municipal Code;
and
WHEREAS, a hearing was held on April 2, 2008 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 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
be suspended during limited periods of time, in designated locations, to facilitate
certain special events.
Resolution No. 22200
Page 2
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 is 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.
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.
Resolution No. 22200
Page 3
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 18, 2008 Wyndham Hotel Approximately 2,500
9:00 PM to 4:00 AM
April 19, 2008 Wyndham Hotel Pool Approximately 2,500
10:00 AM to 6:00 PM
April 19, 2008 Convention Center Approximately 5,000
9:00 PM to 5:00 AM
ADOPTED THIS 2ND DAY OF APRIL, 2008.
David H. Ready, C onager
- ATTEST:
mes Thompson, City Clerk
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. 22200 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 April 2, 2008, by the following
vote:
AYES: Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tem Foat,
and Mayor Pougnet.
NOES: Councilmember Weigel.
ABSENT: None.
ABSTAIN: None.
mes Thompson, City Clerk
ity of Palm Springs, Californiatd�ZobB