HomeMy WebLinkAbout11/7/2007 - STAFF REPORTS - 5.A. V PAM sA
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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
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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