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HomeMy WebLinkAbout11/7/2007 - STAFF REPORTS - 5.A. V PAM sA V � n k � �Oe.ou.m`'4 `* c4C�FOS�a`P CITY COUNCIL STAFF REPORT DATE: November 7, 2007 NEW BUSINESS SUBJECT: A REQUEST BY CHRIS REESE OF PALM SPRINGS LEATHER ORDER OF THE DESERT (PSLOD) TO TEMPORARILY SUSPEND THE NOISE ORDINANCE ON NOVEMBER 9 AND 10, 2007, FOR A STREET FAIR EVENT LOCATED ON SUNNY DUNES ROAD BETWEEN INDUSTRIAL PLACE AND CALLE PALO FIERRO. FROM. David H. Ready, City Manager BY: Director of Planning Services SUMMARY The applicant is requesting that the City Council adopt a Resolution temporarily waiving the Chapter 11,08.040, Noise Ordinance, and Chapter 11,74, Noise Nuisance Ordinance. The request is to facilitate moderately amplified noise during a street fair event on November 9, 2007 from 6 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. RECOMMENDATION: Direct staff regarding the temporary suspension of the noise ordinance for the Palm Springs Leather Order of the Desert event. BACKGROUND: Palm Springs Leather Order of the Desert (PSLOD) is hosting a street fair event on November 9, 2007, from 6 P.M. to 2 A.M. and November 10, 2007, from 10:00 A.M. to 10:00 P.M_ Sunny Dunes Road will be closed to vehicular traffic between Industrial Place and Calle Palo Fierro. Vendors will be setup an both sides of the street and a thirty foot access way will exist through the middle of Sunny Dunes during the event. Item No. 5 .A. City Council Staff Report November 7, 2007—Page 2 Temporary Suspension of Noise Ordinance DISCUSSION: The request is to suspend the Noise Ordinance between the hours of 10:00 P.M. and 12:00 A.M. However, Chapter 11.74.043 of the Palm Springs Municipal Code (PSMC), states, "it shall be unlawful for any person to play, use, operate or permit to be played, used or operated, any radio receiver, musical instrument, phonograph, 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." The applicant stated that the request has been submitted to allow amplified music. Since there may be amplified sound during the entire event (except after 12:00 A-M_ on November 9, 2007), staff is recommending that, if the Council chooses to suspend the noise ordinance, the ordinance be suspended for the both days of the event during the hours of operation (except after 12:00 A.M. on November 9, 2007). In an effort to inform those affected by the street closure, City staff believed noticing was necessary. The applicant has received written consent from the merchants affected by the street closure (see attached). On October 19, 2007, the Office of Neighborhood Involvement noticed a representative from both the Warm Sands Neighborhood Organization and the Tahquitz River Estates Neighborhood Organization (TREND). Staff will present the responses received from the notice at the City Council meeting. The City's Special Events Planning Team (SEPT) has reviewed the proposed event, and determined that the event would have an insignificant impact on public safety services. The concerns addressed by SEPT at meetings with the applicant have been addressed in the Conditions of Approval and address concerns such as: • They will have two police on duty during their event. Event must provide security staff to patrol the event and monitor the barricades. • Fire Department will inspect the event on November 9, 2007. • Sites used for the event must be returned to their previous condition by the applicant. The applicant states that this event will not have significant impact to the noise ordinance and that only moderate noise levels will be generated by the event- 2 City Council Staff Report November 7, 2007—Page 3 Temporary Suspension of Noise Ordinance REQUIRED FINDINGS: Pursuant to Chapter 6.12 of the Municipal Code, the following 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 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. 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 City Council Staff Report November 7, 2007—Page 4 Temporary Suspension of Noise Ordinance 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. CONCLUSION: While the request is for suspension of the noise ordinances, all other City codes and regulations will remain in effect. If the City Council believes the suspension is appropriate, they may consider the adoption of the attached Draft Resolution to temporarily suspend the Noise Nuisance and Noise Ordinances for the event. FISCAL IMPACT: There will be no fiscal impact. C ai ing, AI Thomas W. V��F Ison Dir r of Planni, g ervices Assistant CiWManager David H. Ready City Manager Attachments: 1. Draft Resolution and Conditions of Approval 2. Letter of Request 3. Merchants approval of event 4. Site Layout 5. Feedback received as of the writing of this report 4 RESOLUTION NO. 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. 5 Resolution No. 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 6 Resolution No, Page 3 in full force and effect except on November 9, 2007 between 6:00 P.M. and 12:00 A.M. (6 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, City Manager ATTEST: James 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, 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 7 Resolution No. 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 8 Resolution No. Page 5 provide four private security staff to patrol the event and monitor the barricades. 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. 9 October 17, 2007 Mr. Craig Ewing City of Palm Springs Department of Planning 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 Re: Noise Variance Palm Springs Leather Pride Street Fair Friday, November 9, 2007 Mr. Ewing: At our final review session with the City's SEP Committee yesterday, we were advised that we will need to obtain a noise variance to play amplified music within our Street Fair on Friday night, November 9, 2007 from 10pm until midnight. We intend to cease playing the music at midnight. The Street Fair will continue on Saturday, November 10, but ends at 10pm Saturday night, so the noise is not an issue_ The Street Fair will take place between 600 and 650 E. Sunny Dunes Road, which is a mostly industrial area, with residential neighbors to the east of Calle Palo Fierro. As such, we would like to proceed with obtaining the variance. Chris Rees Street Fair Vendor Chair, Palm Springs Leather Order of the Desert (PSLOD) Owner, Tool Shed Bar Palm Springs chrisreespsa,gmail.com 760.333.9862 10 May 29, 2007 Re. Sunny Dunes Street Fair November 9 & 10, 2007 Dear Sunny Dunes Road Merchants: The City of Palm Springs Special Events Committee has given preliminary approval to a request by Palm Springs Leather Order of the Desert (PSLOD) to hold Palm Springs' first Sunny Dunes Street Fair on the referenced dates_ The plan calls for closing a portion of Sunny Dunes Road, from the corner at Industrial Place and extending east to Calle Palo Fierro. The City of Palm Springs Traffic Department would reroute traffic onto Industrial Place. We are estimating closing the road some time mid-morning on Friday, November 9, to allow for the set-up of vendor tents, food vendors, generator deliveries, staging, and portable toilet facilities to accommodate the visitors. The Street Fair would be operating and open to the public on Friday, November 9 from 6pm until tam_ The fair will operate again on Saturday, November 10 from 10am until 10pm. We will have crews come in Saturday night to remove everything from the street, and allow for a reopening of Sunny Dunes early Sunday morning. Parking lots behind merchants on the north side of Sunny Dunes will remain open and accessible all weekend, as will Builder's Supply store parking lots_ Interested merchants along the affected portion of Sunny Dunes are encouraged to remain open and participate and share in the large I ncrease in pedestrian traffic for that weekend. Our goal is that all participating merchants enjoy a highly profitable weekend. This notice is being supplied to the following list of Sunny Dunes Road merchants that would be affected by the street closure. The City of Palm Springs requests that all merchants indicate their approval of the street closure by signing in the appropriate space on the following pages. 11 Merchant: Clear Leather Address: 650 E. Sunny Dunes Road Consent- Title: ut _ Merchant: Kennard's Automotive Address: 673 E. Sunny Dunes Road Consent: 4,7z7S4 Title: Merchant: Little Shoo of Treasures Address: 616 E. Sunny Dunes Road Consent: Title: Merchant: Cocula Meat Market Address: 618 E. Sunny Dunes Road Consent: Title: rl U/V 12 Merchant: Palm Springs Piercing Company Address: 650 E. Sun(}nyy Dunes Road Consent: — �I� U��— Title: ct , a LIp� Merchant: Pilates Palm Springs Address: E. Sunny Dunes Road ff Consent: �— Title: I Merchant Pink Industry Address 577 E. Sunny Dunes Road Consent: Title: Merchant: Tiaguepague Restaurant Address: 650 E. Sunny Dunes Road Consent: Title: 13 Merchant: Bones-n-Scones Address: 612 E. Sunnv Dunes Road Consent: Title ��✓� p I Merchant: Builder's Supply Address: 490 E. Sunny Dunes Road Consent: `� Title: Merchant: CVMD, Inc. Address: 693 E_ Sunny ❑unes Wbad j 1 iConsent: Title: Merchant: The Drag Bag Address: 650 E_ Sunny Dunes Road Consent: _ r . Title: 4 ti 14 Merchant: Tool Shed Address: �600 E- Sunny Dunes Road Consent: Title: CWiVC�2 Merchant: Q Too Address: 577 E. Sunny Dunes Road Consent: Title: f a,d Avg. Merchant Q Trading Address: 606 E. Sunny Dunes Road Consent: / Title: 4�✓ z-� Merchant: Address: Consent: Title: 15 Merchant: PkSunO-Dunes Na Al 6,-4 Q TIzr4 b I�/G Address: 5 Road SSE OTrfW2r S I � Consent: Title: _ Merchant: Address: N l �jGIAIL-f /LCJi� i Consent: Title: 16 Leather Pride Street Falr Overview awldel5 Suppx� (Open) ra�� PARRTRGLOT(pPER] We Parking Ict t>_nth is Mt.scale Builders SUPPIY Parking (GPenf �Jf/�Il'? 6i]-618 Bo]ding,2lU Fee[Lprg and can:alns Tact Shed,QTadsg BPnzs nBcon�x LIHIe Shupof Treasur�s,Co_ula Maal MaAet - LJ Nale Bmltling de t uL=is nal to a D y Y0 0 E 10x20 30e 10 Y V Y y V V V Y SUNNY 0 Tent Tent DUNESD ROAD RORD p A (OPfNJ D LS 30 Ioct wide access �Q �Q ENTRY7E%IT exists D.cn Read of STREETF IEDI GR SPnnJdown'ReadIddre STREET FAIR DIAGRAM[PAGE i) D D Saund D Se[v D LI9h[ D Tow r Bolldefs SD.Ur FenczE Sl Waned six sand ngjQTradln9l BUIICsra Supply Dirt LoL IDO ka1 wldzx 110 fee[deep Wlndo Docas ns B Private Storage Parking LP[ Area CO iradingB Pnk tndus[ry] RM. Lvl Is wall.d en S.E.And W slds Note Depth not[o scale I Qp C� LY USTRKL U3 IDETOUR v� 3 ROUTE) 577 BPIIdIng IPlnk Invdstry) Nule'Builtling depth no[to ee.le Legend: Re Seatln9 SChxns ❑=Fencln9 Pf re4ulretl) E=Generalars V=Yeadpr Ten Recep tz mpncles p r PORah.'e ToiLt �Q Tn:FCBarrcatle X%%%%%=Barrt.atle ar Fence Y� f4pO3TRigLPLACf(DETOUR ROUTE) ( INDUSTRIAL PLACE(DETOUR ROUTE) t Leather Pride Street Fair Overview ALLEY(OP'nl Hale:Alley wluth not Lu Sa m m...in CALLE PARKING LOT(OPEN] PALO ALLEY Nole P�ng rat degL5 not 10 scale FIERRO ACCESS OPEN OTEN1 FRIDAY FOR DELIVERS DELIVERIES fiSP evYJing 1L]feel long and conlalns Gezr L.Build Palm SPnngs not scale the Brag Bag,ilagvepaqua Reslavr<nl LJ 36lonl Alley Hole.Building dep1hmGp Is no!La scale V Y V V Y V O V V V V p U B wideD L��\/ SUNNY exlsls own access SUNNY REE FAIR ROAR 36Ifwl Md..access V ROAD Sunn Dun Road of STREET FAIR BIAGRAi1[PAGE R) ealsb tloxn mAOL=n! EN iRYlE1:IL Sunny Duns Road {OPEN] Sunny Ounss Rest YS Food Vend.Asea O O 1-19MT.cr B B E 673-633 Bulltlings,Renard's N.alers,PIIaLS PS,CVMD Inc. North CALLE PALO REPRO (OPEN] rRDESTRlAL PLACE(DETOUR ROETEI V > 124DUSTRIAL PLACE(DETOUR ROUSEI fi David Newell From: Lee A. Husfeldt Sent: Monday, October 29, 2007 1:59 PM To: David Newell Subject: FW: Street Fair in Warm Sands From: Catherine Marry [mailto:cmarcyrealtor@relocate-america.com] Sent: Monday, October 29, 2007 1:39 PM To: Lee A. Husfeldt Subject: Street Fair in Warm Sands Dear Lee, I sent an e-mail to the neighborhood about the Leather Pride Street Fair. The people I have talked to personally are pretty much in agreement to extend the hours for the music. Some consider this a test to see how loud the music will be, etc. I will keep you posted when I hear more. Talk to you soon, Catherine Marcy RE/MAX Real Estate Consultants 501 S Palm Canyon Dr Palm Springs, CA 92264 Direct: 760-272-0753 Fax: 760-674-3740 http;/lcatherinemarty.retocate-america.com Property search-Go to: http://www.cathennemarcy.com http_/ atherinemarcy_oint2agent_com 19 10/29/2007 David Newell From: Lee A. Husfeldt Sent: Monday, October 29, 2007 2:00 PM To: David Newell Subject: FW: Leather Pride Street Fair on Sunny Dunes From: David Martin [mailto:dm333@mindspring,com] __.. .. Sent: Saturday, October 20, 2007 10:10 AM To: 'April Hildner' Cc; caflogo@aol.com; suncreekl@aol.com;jgustafson@windermere.com; drllbecker@verizon.net; ]PCRIPPAN@aol.com; 'Kerney, Lynda'; nycngrumpy@aol.com; '7eff Palmer; Lee.Husfeldt@palmsprings- ca.gov; CAflogo@aol.com Subject: RE: Leather Pride Street Fair on Sunny Dunes April: My personal opinion is that I am (strongly) against Noise Ordinance Waivers. The City should note that many residents (Michael and myself) incur personal expense (up to $1,000 in hotel and travel costs) to flee our home and community during some of the weekends, such as Biker Weekend. While I am not against people gathering to enjoy themselves, we do have this Ordinance for a reason. What purpose does it serve if it is routinely waived? To be fair, I could see events which would apply to the entire community, such as New Years in which it might be appropriate, but when targeted to a select group of people for the economic gain of a few, I am much less sympathetic. To remain fair, I always remain open to considering others requests, however, I do not see how we as a community can fairly assess these considerations when the City or the event organizers fail to detail the effects of such a waiver. Would this be a total abandonment of noise standards, or a higher volume threshold and later time? At what hour, if any, would the volume curtail? What would be the volume decibel limit? How would it be measured? At how many sites? By whom? How would it be enforced? What recourse or accommodation would be in place if not properly and fairly adhered to? And, perhaps most importantly, what is the distance that the noise would travel? (To exceed the standard volume levels in commercial/downtown areas is different than when the noise intrudes into neighborhoods.) Finally, what mitigation is offered to those who would be inconvenienced? Now, I am not 20 t 0/29/2007