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HomeMy WebLinkAbout5/1/2002 - STAFF REPORTS (22) ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, PERTAINING TO THE DOWNTOWN PARKING STRUCTURE CONSTRUCTION ACTIVITY, TEMPORARILY SUSPENDING THE NOISE ORDINANCE AND CONSTRUCTION HOURS ORDINANCE FOR THE DURATION OFTHE DOWNTOWN PARKING STRUCTURE CONSTRUCTION --------------- THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. FINDINGS A. The City Council finds that the benefit derived from the construction of a parking structure in the Downtown (the 'Project'), as approved by the voters in November of 2001, is significant to the ongoing efforts to enhance the marketable image of the City of Palm Springs. B. The City Council finds that certain regulatory ordinances generally desirable and necessary may, nonetheless, impede the timely completion of the Downtown Parking Structure, and that the operation of such regulatory ordinances should be suspended during the construction period of the parking structure. It is the intent of the City Council that the Project be constructed during the off-season months from June to November so that the Project will have the least disruptive impact on downtown businesses, visitors to the community who are less likely to visit during the off-season, and to residents who are more likely to be on vacation during this period. C. The construction experts whom the City has consulted believe that a five-month construction period is minimal. The City has entered agreements with property owners establishing a November completion date. The construction experts have indicated thatthe nature of the Project,with extensive multiple lifts of concrete pours, and due to extreme heat conditions in the summer causing concrete to cure too quickly, will require some work to be performed in the very early morning hours, contrary to existing ordinances. In addition, work must be kept going in order to complete the Project within the five-month time-line. D. The City Council finds that the public interest in expediting the construction of the Downtown Parking Structure 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. Alop Ordinance Temporarily Suspending Noise Ordinance and Construction Hours During Construction of Downtown Parking Structure - Page 2 SECTION 2. SUSPENSION OF REGULATORY ORDINANCES The City Council does hereby temporarily suspend those certain ordinances described herein, but only pertaining to the Project and location set forth in Section 3, and for the term set forth in Section 4: (a) Section 8.04.220 Limitation of Hours of Construction; and (b) Section 11.74.042 Construction (Noise Prohibition). SECTION 3. LOCATION The temporary suspension of these Palm Springs Municipal Code sections is specifically related to the construction activity at the Downtown Parking Structure Site, and to no other locations within the City. The"Site"is bounded by Indian Avenue on the east, Palm Canyon Drive on the west, Baristo Road on the south, and Arenas Road onthe north. As a result of said suspension, City's employees, agents and contractors shall be empowered to perform work at the site at all times during the day and night and without complying with the noise limitations of Section 11.74.042. Only the Project specifically identified herein shall be granted this exception, and only for the term identified below. SECTION 4. TERM The temporary suspension of the ordinances identified herein shall be effective on the effective date of this Ordinance and continue until December 1, 2002, and shall thereafter be null and void unless extended by Ordinance of the City Council. SECTION 5, EFFECTIVE DATE This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 6. PUBLICATION The City Clerk is hereby ordered and directed to certify to the passing of this Ordinance,and to cause the same or a summary thereof by display advertisement,duly prepared according to law, to be published in accordance with law. ADOPTED this day of. 12002. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager REVIEWED AND ADOPTED AS TO FORM: No 1391 CITY OF PALh1 SPRINGS ORDINANCE NO. 1609 AN ORDINANCE OF THE CITY OF PALM I SPRINGS, CALIFORNIA, PERTAINING TO THE DOWNTOWN PARKING STRUCTURE CON- STRUCTION ACTIVITY, TEMPORARILY SUS- PENDING THE NOISE ORDINANCE AND CON- STRUCTION HOURS ORDINANCE FOR THE DO- RATION OF THE DOWNTOWN PARKING STRUC- TURE CONSTRUCTION. I THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOL- LOWS , SECTION 1. FINDINGS -" A.The City Council finds that the benefit derived from the construction of a parking structure in the Downtown (the Project"), as approved by the PROOF OF PUBLICATION omens in November h nce t e markecanttable to the ongoing efforts to enhance the marketable image of the Cdy of Palm Springs. (2015.5.C.C.P) B. The City Council finds that certain regulartory ordinances generally desirable and necessary may, nonetheless, Im ede the timely completion of the Downtown Parking Structure, and that the operation of such regulatory ordinances should be suspended during the construction period of the parking structure It is the intent of the City Council that the Project be constructed during the off-season months frem June to November so that the Project will have the least disruptive im- pact on downtown businesses, visitors to -due community who are less likely to visit during the off-season, and to residents who are more likely STATE OF CALIFORNIA to be on vacation during this period. County of Riverside C The construction experts whom the City has consulted believe that a five-month construction period is minimal. The City has entered agree- ments with property owners establishing a Nc- vember completion date. The construction ex- perts have indicated that the nature of the Pro- ject, with extensive muliple lifts of concrete _ pours, and due to extreme heat conditions ri,the summer causing concrete to cure too quickly,will require some work to be performed in the very early morning hours, contrary to existing ordi- nances In addition, work must be kept gqoing in order to complete the Project within the five- month time-line. D The City Council finds that the public interest I anon citizen of the United States and a resident of in expediting the construction of It a Downtown Parking Structure and the benefits to be derived the County aforesaid;I am over the age of eighteen therefrom outweigh veni- the temporary pubic inco ence entailed in the suspension of such regulato- years,and not a party to or interested in the ry ordinances, and that the public welfare and in- above-entitled matter.I am the principal clerk of a terest will be carved by such suspensions. printer of the,DESERT SUN PUBLISHING SECTIOANC2 SUSPENSION OF REGULATORY ODINCOMPANY a newspaper of general circulation, The City Council does hereby temporary)y sus- printed and published in the city of Palm Springs, Pend those certain ordinances described herein, but only pertaininq to the Prot and location set County of Riverside,and which newspaper has been forth in Section 3, and for the term set forth in adjudged a newspaper of general circulation by the Section 4: Superior Court of the County of Riverside,State of (a) Section e 04 220 Limitation of Hours of Con- struction; and California under the date of March 24,1988.Case (b)Section 11.74.042 Construction(Norse Prohibi- ation). Number 191236;that the notice,of which the SECTION 3 LOCATION annexed is a printed copy(set in type not smaller The temporary en sren of these Palms than non pariel,has been published in each regular springs Municipall Code sections is specifically related to the construction activity at the Down- and entire issue of said newspaper and not in any town Parking Structure Site, and to no other loca- Supplement thereof On the following dates,to wit: dians Avenue the the east,Palm Canyon Drive Ion May 8th me west. Bansto Road on the south, and Arenas Y -Road on the north As a result of said suspen- _______________________________________________________________ sion, City's employees, agents and contractors - chall be ampoweiEd W perform worK at the site at all times during the'day and night and without camp)yymg with the noise limitations of Section ---------------------------------------------------------------- 11.74.042. Only the Project specifically identified All in The year 2002 ferthe thrall ll granted intified b this exception, and only ow I certify(or declare)under penalty of perjury that the SECTION 4 TERM foregoing is true and correct. The temporary suspension of the ordinances 9tlt identified herein shall be effective on the effective Dated at Palm Springs,California this--------------day date of this Ordinance and continue until Decent- bar y bar 1, 2002, and shall thereafter be null and void unless extended by Ordinance of the City Coun- MaY oil. of-----------------, 2002 SECTION 5. EFFECTIVE DATE This Ordinance shall be in full force and affect thirty (30) days after passage / SECTION 6 PUBLICATION Signature The City Clerk is hereby ordered and directed to certify to the passing of this Ordinance, and to cause the same or a summary thereof byy display advertisement, duly prepared according to law to be published in accordance with law ADOPTED this let day of May,2002 AYES. Members Hodges, Mills, Oden, poler- Spurmin and Mayor Kleindienst NOES None ABSENT None ATTEST CITY OF PALM SPRINGS,CALIFORNIA By.ls/Patrive,A.Sanders City Clerk 1./Witham G.Kleindienst Movor No 1435 - - CITY OF PALM SPRINGS REVISED ORDINANCE NO. 1609 L `� AN ORDINANCE OF THE CITY OF PALM SPRING, CALIFORNIA, PERTAINING TO THE `> DOWNTOWN PARKING STRUCTURE CON- STRUCTION ACTIVITY, TEMPORARILY SUS- " "//%'ij 1 PENDING THE NOISE ORDINANCE AND CON- STRUCTION HOURS ORDINANCE FOR THE DU- RATION OF THE DOWNTOWN PARKING STRUC- TURE CONSTRUCTION THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, SPRINGS, CALIFORNIA, DOES ORDAIN AS FOL- LOWS SECTION 1. FINDINGS PROOF OF PUBLICATION A The City Council finds that the benefit dewed from the construction of a parking structure In the Downtown (the Project"), as approved by the (2015.5.C.C.P) voters in November of 2001, is significant to the ongoing efforts to enhance the marketable image of the City of Palm Springs B. The City Council finds that certain regulartory ordinances generally desireable and necessary may, nonetheless, impede the timely completion of the Downtown Parking Structure, and that the, operation of such regulatory ordinances should be suspended during the construction pound of the parking structure. It Is the intent of the City Council that the Project be constructed during the off-season months from June to November so STATE OF CALIFORNIA that the Project will have the least disruptive im- pact an downtown businesses, visitors to the County of Riverside community who are less likely to visit dunn9 the off-season, and to residents who are more likely to be on vacation during this period. C The construction experts whom Lire City ties— consultant believe that a five-month construction, period is minimal The City has entered agree- .I meats with property owners establishing a No- vember completion date. The construction ex- perts have indicated that the nature of the Pro-ject with extensive multiple lifts of concrete Pours, and due to extreme heat conditions in the summer causing concrete to cure tee quickly,will require some work to be pperformed in the very early manning hours, contrary,to existincl ordr- nances In addition, work must be kept going in I am a citizen of the United Stales and a resident of order to complete the Project within tha five- month time-line. the County aforesaid; I am over the age of eighteen D. The City Council finds that the min Interest years,and not a party to or interested in the ' in expediting the construction of tie Downtown above-entitled matter.I am the principal clerk of a Parking rm Structure h themtemporarypublicfits be derived p p nience entatled ing the suspension f such iregular- eonve- printer of the,DESERT SUN PUBLISHING tory ordinances, and that the public welfare and COMPANY a newspaper of general Circulation, interest will be served by such suspensions. printed and published in the city of Palm Springs, SECTION 2. SUSPENSION OF REGULATORY ORDINANCES County of Riverside,and which newspaper has been The City Council does hereby temporarily sus- adjudged a newspaper of general circulation by the end those certain ordinances described herein, Superior Court of the County of Riverside,State of fort airy pertainingq to Lire Prol'ecl and location sat 1 ty forth in Section 3, and for the term set forth in California under the date of March 24, 1988.Case Section 4 Number 191236;that the notice,of which the (a) Section 8.04.220 Limitation of Hours of Can- strucbon, and annexed is a printed copy(set in type not smaller (b)Section 1174.042 Construction(Noise Proiubr- than non panel,has been published in each regular ation). and entire issue of said newspaper and not in any SECTION 3 LOCATION supplement thereof Oil the following dates,to wit: The temporary suspension of these Palm Springs Municipal Code sections is specifically related to May 13th the conslructien activity at the Downtown Parking I Structure Site, and tq.no other locations within ------------------------------------------------------------ the City The "Site' is Lmmbed_oy_.Irldmn Avenue on the east,Palm Canyon Drive on the west,Bar - loto Road on the south, and Arenas Road on the north. As a result of said suspension, City's em- ---------------------------------------------------------------- ployees, agents and contractors shall be empow- All in the year 2002 crud to perform work at the site at all times dur- ing the day and night and without complying with 1 certify(or declare)under penalty of perjury that the the noise limitations of Section 11 74.042 Only the Proect specifically identified herein shall be foregoing Is true and correct. granted this exception, and only for the term loth identified below. Dated at Palm Springs,California this--------------day SECTION 4. TERM May The temporary suspension of the ordinances identified herein shall be effective on the effective of--------------------------------------2002 dates of tilts Ordinance and continue until De- cember 1, 2002, and shall thereafter be null and void unless extended by Ordinance of the City Council SECTION 5. EFFECTIVE DATE Signature This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 6. PUBLICATION The City Clerk is hereby ordered and directed to certify to the passing of this Ordinance, and to cause the same or a summary thereof by display advertisement, duly prepared according to law;to be published in accordance with law ADOPTED his 1st day of May,2002. AYES Members Hodges, Mills, Reller-Spurgin, and Mayor Kleindienst NOES. None ABSENT' Member Oren ATTEST CITY OF PALM SPRINGS,CALIFORNIA By:I.IPaint/.A Sanders lslWillrem G.Klemdlenst