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HomeMy WebLinkAbout22094 - RESOLUTIONS - 11/7/2007 RESOLUTION NO. 22094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A TEMPORARY SUSPENSION OF THE NOISE ORDINANCE FOR A STREET FAIR EVENT ON NOVEMBER 9, 2007 FROM 6:00 P,M, TO 12:00 A.M. AND NOVEMBER 10, 2007 FROM 10:00 A.M. TO 10:00 P.M. LOCATED ON SUNNY DUNES ROAD BETWEEN INDUSTRIAL PLACE AND CALLE PALO FIERRO. WHEREAS, Palm Springs Leather Order of the Desert ("applicant") has requested the waiver of Chapters 11.74 and 11.08.040 of the Palm Springs Municipal Code for a street fair event on November 9, 2007 from 6:00 P.M. to 2:00 A.M. and November 10, 2007 from 10:00 A.M. to 10:00 P.M. on Sunny Dunes Road between Industrial Place and Calle Palo Fierro; and WHEREAS, a hearing was held by the City Council on November 7, 2007 to review the resolution; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the waiver of the ordinances, including but not limited to the staff report; and WHEREAS, the City Council has reviewed and considered the project in light of the findings for the temporary suspension of regulatory ordinances, pursuant to Chapter 6.12 of the Municipal Code, and has determined that the request is in conformance with said findings, as follows: 1. The city council finds that certain special events may be useful and beneficial to the visitor-oriented economy of the city by attracting large numbers of visitors, by generating favorable publicity, and by enhancing a marketable image for the city. The proposed event will enhance the Palm Springs Leather Pride weekend and ultimately attract large numbers of visitors for future events. The event will be regulated and policed to ensure that it will generate a favorable publicity to the City of Palm Springs. 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. 22094 Page 2 The regulatory prohibitions imposed by the Noise and Noise Nuisance Ordinances would impede the conduct of the event as follows: Noise Ordinance: • Chapter 11.74.043(f) of the PSMC states, "it shall be unlawful for any person to play, use, operate or permit to be played, used or operated, any...loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of any sound upon any public street, alley, sidewalk, passageway or thoroughfare, or in or upon any public park or other public place so as to unreasonably interfere with the peace and quiet of any other person; or if such act is done upon any private property, so as to unreasonably interfere with the peace and quiet of any person outside the boundary of such private property." Noise Nuisance Ordinance: • Chapter 11.08.040 prohibits unreasonably loud noise. It is likely that, taken as a collective event, the event may exceed that provision in its normal course of events. The event is held in a commercial-industrial area with residential to the east. The application of these ordinances on this temporary event would be unnecessarily burdensome when procedure has been followed to prevent and mitigate nuisance to the public health, safety and welfare. 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 event will expand the activities available for the tourist populace and 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. SECTION 2. That the following ordinances are hereby temporarily suspended for the special event designated in Section 1 above: Noise Ordinance and Nuisance Ordinance. SECTION 3. That the regulatory ordinances designated in Section 2 shall remain in full force and effect except on November 9, 2007 between 6:00 P.M. and 12:00 A.M. (6 Resolution No. 22094 Page 3 hours) and on November 10, 2007 between 10:00 A.M. and 10:00 P.M. (12 hours) for the street fair event located on Sunny Dunes Road between Industrial Place and Calle Palo Fierro, subject to the attached conditions in Exhibit A. ADOPTED THIS 7th day of November, 2007. David H. Ready, it ger ATTEST: J 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. 22094 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 7th day of November, 2007, by the following vote: AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, Mayor Pro Tem Pougnet, and Mayor Oden. NOES: None. ABSENT: None. ABSTAIN: None. mes Thompson, City Clerk ity of Palm Springs, California ocr) _ Resolution No. 22094 Page 4 EXHIBIT A CONDITIONS OF APPROVAL TEMPORARY SUSPENSION OF CHAPTER 11.74 (NOISE NUISANCE ORDINANCE) AND CHAPTER 11.74.043(F) (NOISE ORDINANCE) PALM SPRINGS LEATHER ORDER OF THE DESERT NOVEMBER 7, 2007 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition- 1. The applicant 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 approval. 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 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 should 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. 2. Two Palm Springs Police Department Officers will be on duty for the entire street fair. 3. The applicant shall schedule an inspection with the Palm Springs Fire Department for November 9, 2007, 4. The Streets Department will handle the posting of no-parking, the setup and takedown of the barricades for the street closure. The applicant must provide four private security staff to patrol the event and monitor the barricades. Resolution No. 22094 Page 5 5. All those consuming alcohol must be wrist banded and ID checked as required by the Department of Alcoholic Beverage Control. 6. Vendors may not sell pornographic materials. 7. All sites used for the event must be returned to their previous condition by the applicant no later than November 11, 2007 at 12:00 P.M.