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PCMIN 07 03 1997 MINUTES PLANNING COMMISSION MEETING Special meeting held at the La Quinta City Hall Council Chambers 78-495 Calle Tampico, La Quinta, California July 3, 1997 o This meeting of the Planning Commission was called to order by Chairman Abels at 3:07 p.m., who asked Commissioner Butler to lead the flag salute. Chairman Abels asked for the roll call: I. CALL TO ORDER: A. Present: Commissioners Butler, Seaton, Tyler, and Chairman Abels. B. It was moved and seconded by Commissioners Butler/Tyler to excuse Commissioners Gardner, Kirk, and Woodard. Unanimously approved. C.' Staff Present: Planning Manager Christine di Iorio, Captain Ron Dye, Building and Safety Manager Mark Harold, Associate Planner Greg Trousdell, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: None. V. PUBLIC HEARING: None VI. BUSINESS ITEMS: A. Temporary Use Permit 97-143; a request of Ms. Catherine Badger, Event Coordinator and Bemardo Gouthier, property owner, for approval of a two day music ; festival (Paradise Found) to be held at the La Quinta Open Air Museum (formerly La Quinta Sculpture Park) on July 5th and 6, 1997. 1. Planning Manager Christine di Iorio informed the Commission that Associate Planner Greg Trousdell would present the staff report for the Community Development Department, Building and Safety Manager Mark Harold would present the staff report for the Building and Safety Department, and Captain Ron Dye would speak on behalf of the Riverside County Sheriff's Department. PC7-3-97 1 Planning Commission Minutes July 3, 1997 - Special Meeting 2. Associate Planner Greg Trousdell informed the Commission that the Community Development Department had received an application for a two day event at the Open Air Museum on Madison Street. It was to be a two day charitfible event for approximately 300 people. The initial event did occur and more than 300 people attended. At the same time (June 27, 1997), staff received an application for another event to be held July 5th and 6th for approximately 1,000 people. Upon acceptance of the application, the applicant was informed that staff was only able to approve a request for 300 people. Any more than 300 would have to be approved by the Planning Commission. Thus, this special meeting was called for the Planning Commission. This event is to consist of live and Disc Jockey music. Event parking would be to the south of the facility on Madison Street. All event activities would be on the premises. Staff drafted conditions appropriate for the event and the applicant has received a copy. If the event is to occur, some of the conditions must be met by the applicant within the next two hours. As of this meeting, Conditions #1, 2, 3, 4, have not been met. Should the Commission decide to approve the request, it should be based on the conditions being met prior to the event taking place. 3. Chairman Abels asked if the applicant had obtained the Certificate of Insurance, if the Certificate of Deposit had been given to the City, and if the Building and Safety Department had held their on-site inspection. Staff stated 'they were unaware of all the conditions being met. Planning Manager Christine di Iorio stated the remaining staff reports would answer this question. 4. Associate Planner Greg Trousdell informed the Commission that two additional conditions needed to be added. First that whoever would be directing traffic should be required to wear reflective vests, light colored clothes, as well as carry flashlights, and second, food vendors must have , Health Department Permits. 5. Commissioner Tyler asked if the Open Air Museum was operating under a COnditional Use Permit. Staff stated it was initially approved as a Public Use Permit. Planning Manager Christine. di Iorio stated it was operating under an approved use. When the General Plan was updated, the zoning designation for this site was modified to Tourist Commercial (TC). PC7-3-97 2 Planning Commission Minutes July 3, 1997 - Special Meeting 6. Building Manager Mark Harold (acting Building and Safety Director in Director Tom Hammg's absence), stated that a special inspection permit for the event had been prepared, but he was unaware as to whether or not the permit had been obtained, or whether any inspections had been performed on the temporary electric, platform, or stages. Life safety inspections are made available on a short term basis for the purpose of, "life safety". With a temporary use permit of this nature, it is difficult for their Department to track whether a condition for a special inspection permit has been satisfied. It is their recommendation that in the furore, prior to the issuance of any permits, an applicant have in hand, the results of the special inspection permit. 7. Commissioner Butler asked if staff had to make the required inspection today; would that be overtime for staff. Building Manager Mark Harold stated the inspectors have completed their rounds, but staff will respond on a minutes notice for a "life safety" inspection. Commissioner Butler asked if it would require overtime for staff to perform this inspection. Staff stated that until 5:00 p.m. it would not be overtime. 8. Riverside County Sheriff's Department Captain Ron Dye stated their primary concern was the life and safety of those attending the event and the people traveling through the area over the roadways. He had contacted the applicant and he had agreed to contract with the Sheriffs's Department for four deputies to be out during the duration of the event with the understanding that if the Watch Commander determined more deputies were needed, he would bring more on. It is difficult to assess the need when they do not know what the venue will be. The type of music and activities would determine the need and that is unknown at this time. Four deputies is a base line; two deputies inside and two outside. , 9. Chairman Abels asked Captain Dye if he was satisfied that the applicant had agreed to meet the Sheriff's Department requirements. Captain Dye stated he was. 10. Commissioner Butler stated that due to the lack of lighting, how do the deputies keep the people from going out into the streets. Captain Dye stated it is dark except for the ambient light from the event site. The deputies will be positioned to have the people get out of the way and take whatever action -- is appropriate. PC7-3-97 3 Planning Commission Minutes July 3, 1997 - Special Meeting 11. Commissioner Tyler asked what would cause more chaos, having a large crowd like this with anticipated crowd control, versus denying this event and having a lot of malcontent people arriving at the site and finding it cancelled. Captain Dye stated it is hard to determine when you do not know what preplanning has been done. If the event is not approved, they will have men staying in the area to talk to the people and explain what has happened. 12. Commissioner Seaton asked if this was an all day event where there will be people coming and going or will it be over at a certain time and people dumping into the street in mass. Captain Dye stated he is unaware of the timing of the event. 13. Chairman Abels asked if the applicant would like to address the Commission. Mr. Bernardo Gouthier stated he was the owner of the La Quinta Sculpture ?ark and he thanked the Commission for holding the special meeting. He was confused as to the City's procedures and requirements for conducting events. They were unable to have everything prepared until today to submit to the City. He had read the Conditions of Approval and had a few questions. They already have a Certificate of Insurance for two million dollars and it has been faxed to the City. Concerning the $3,000 deposit for the dust control, he would like to request this be reduced to $2,000. Concerning the building permit, he had started the procedures last week and he is ready for an inspection. If he needs an inspection on Saturday, he would be willing to have an inspection on Saturday. He asked if there was staff available for this. This e.vent is going to bring several more music events in the future. He is hoping to obtain larger events that will be held during more decent hours and easier to maneuver than this one. This event has been promoted out of the State and they are having people coming from all over as they have 15 different locations where tickets can be purchased; Los Angeles, Las Vegas, and Arizona. They will be having 16 performers including four very well known bands. They will be playing at different hours and they are expecting 3,000 people. The event starts at noon and finishes at noon the next day. There will be bands performing in the day time with other bands performing later on. They are expecting 1,000 to 1,500 people in the afternoon and the bigger traffic later at about 6:00 p.m. It is difficult to determine the exact number. As far as food and beverage, they have contracted with the same people who work the Date Festival. There will be a beer garden and they will be serving beer, wine ,and wine Margaritas. As to the promotional events, they will be live on Channel 11, FOX TV and they have been communicating with MTV TV, a radio station, and the Los Angeles Times. A lot of the people who will be attending have been directed to use several of the local PC7-3-97 4 · Planning Commission Minutes July 3, 1997 - Special Meeting hotels. As to the conditions, they have met all the requirements and they have exceeded some of the requirements. They have hired a team of 45 security men. He has also asked to hire the local police as opposed to the Riverside County Sheriff's Department. He does not know what the local police charge and he needs to make arrangements with the producers to pay the local La Quinta police. They have a parking lot and a back up parking lot in case they exceed the number of people anticipated. He questioned and asked what Condition # 14 meant. They do not expect to have any signage. He has visited the Fire Department and they will be calling them. Due to the size of the crowd they will have two or three shifts of workers. As for lighting, they will have a 1,000 watt generators. The property has been fenced. All the alcoholic beverage permits have been faxed to the City. Fifteen restrooms plus two handicapped, and two in the house on the site, are provided. Everyone attending will be searched before entering as they have concerns for graffiti and weapons. The number of security is 54, plus four Sheriff's from the City of La Quinta. They will have 40 at peak times. They will b~ putting barricades on the sides of the street to keep people from parking illegally. There will be no camping on the grounds. As to trash, they have containers all over the site in addition to the large trash containers. As to the parking, he has hired a licensed contractor tO do the necessary work. 14. Chairman Abels asked if Mr. Bernardo had paid the fees for the previous event. Mr. Gouthier stated he had brought funds with him to pay all the necessary costs. Planning Manager Christine di Iorio stated the fee was for the inspection which never took place. Chairman Abels expressed his upset at having to have this meeting at the last minute when it is still unknown as to what conditions have been met and which are not. Planning Manager Christine di Iorio stated she had just been handed three faxes; one an application for the Daily License Catering and authorization in regards to alcohol beverages. A letter from the Sheriff's Department stating that Lindsey Concession La Quinta Open Air Museum will be holding a music festival where beer and wine coolers will be served, approximately 2,000 persons are expected, and the Sheriff's Department has no objection to the issuance of the requested permit. The letter was signed by Lt. Denver Pitman. A letter has also been received from Judy Vossler of the KSL Recrefition Corporation dated June 26th, thanking them for notifying them of the events that will be taking place. PC7-3-97 5 Planning Commission Minutes July 3, 1997 - Special Meeting 15. Chairman Abels asked Mr. Gouthier if he had a copy of his insurance certificate. Mr. Gouthier stated he had a memo from his assistant stating that the Certificate of Insurance has been faxed to the City. Staff stated it still had not been received. Mr. Gouthier stated he would see that it was faxed again. 16. Commissioner Seaton asked about the noise impacts in the area. Mr. Gouthier stated the first event was handled by a team that had misrepresented themselves. More people attended than he was informed, and suddenly this event was different than announced to him. They did not have the experience, knowledge, or ability to direct the sound adequately. This event will have a different team that will have screens for the sounds and the speakers will be directed differently. The lights will also be directed differently. They have learned through their mistakes. They had problems with people climbing over the speakers and two people were hurt. He had visited some of his neighbors and he will be putting them up in local hotels. Some of his neighbors have not accepted his invitation and he will be sending gift certificates to local restaurants. He will be at the front gate carrying a radio and their main concern is to keep everything in order. 17. Commissioner Seaton asked Mr. Gouthier how many cars they were anticipating to accommodate. Mr. Gouthier stated approximately 1,500. Commissioner Seaton asked if there was enough space to accommodate all of them. Mr. Gouthier stated there was. 18. Chairman Abels asked if Mr. Gouthier had made satisfactory payment arrangements with the Riverside County Sheriff's Department for their services. Mr. Gouthier stated he would like to know what the fees are going to be so he could make arrangements. 19. Captain Dye stated that for four deputies for approximately 24 hours would be $4,000. Chairman Abels asked what the cost would be if added forces were needed. Captain Dye stated they would be billed for the actual hours incurred. Chairman Abels asked Mr. Gouthier if this was agreeable. Mr. Gouthier stated they would like to have four deputies on peak time and work out the remainder as they did not have a very large budget. He asked if he could work this out with the Captain after the meeting. He would be sure they reached an understanding. PC7-3-97 6 Planning Commission Minutes July 3, 1997 - Special Meeting ' 20. Mr. Gouthier asked if he could get three deputies. Captain Dye stated he would be opposed to any reduction in that level, as this was the bare minimum. It is not his desire to cause undue expense, but if they are talking about 1,500, and now he has heard the figure of 3,000 people at peak and this is the fwst he had heard this figure. His figures were based on 2,000 people. He could not go below the four deputies and make any assurance to public safety. 21. Chairman Abels stated this was brought on because of the previous event. Captain Dye stated they had calls at 30 minutes after midnight about loud music. If they get complaints at this event about loud music, the permit does not allow them to continue with the music at that level and they will be required to reduce the level till the complaints go away. In addition, they had calls at 3:00 a.m. about people in the middle of the street and people could not get through. Captain Dye stated their problem was that they did not know what was going on at what time. If they knew the lead band was appearing at 10:00 p.m. and getting over at 12:00 midnight, they could then condition their people to those times. When the only information they have is that a bunch of bands are performing and they do not know which ones will draw a crowd and which ones will not they are unable to plan. 22. Chairman Abels asked Mr. Gouthier what he was going to do. Mr. Gouthier stated he will do whatever he has to do. He really does not have a choice. He wants to keep everyone happy. He was the one who said that when they hire the Riverside Police to cancel them, because he wanted to hire the local police. Captain Dye stated they were the local police for La Quinta. Riverside County Sheriff's Department provides police protection for the City of La Quinta. 23. Mr. Gouthier stated they had already hired three people. Commissioner Tyler asked who in Riverside was the question. Captain Dye asked who Mr. Gouthier had spoken with. Mr. Gouthier stated he did not know, but he would f'md out, but they had already hired three people. He thought this was the City of La Quinta Police. Captain Dye stated that the City of La Quinta is under contract with the Sheriff's Department and any deputies hired would have to come from his station and Sgt. Walker is the only one who is authorized to do this. Mr. Gouthier stated the arrangements have already been made then. If he could call the producer he would be able to give him the answer. PC7-3-97 7 Planning Commission Minutes July 3, 1997 - Special Meeting 24. Commissioner Butler asked if these were off-duty officers. Captain Dye stated he was unaware of who Mr. Gouthier was speaking about. 25. Commissioner Tyler stated it could even be Riverside Police for that matter. Captain Dye stated it would be unusual for them to come down, as well as illegal. Mr. Gouthier stated it was the Riverside County Sheriff's Department. Commissioners informed Mr. Gouthier that Captain Dye is the representative for the Sheriff's Department. Captain Dye stated that he had spoken, to Mr. Gouthier regarding four deputies, not three, and that _was based on 2,000 people. Mr. Gouthier stated that after he spoke with Captain Dye he spoke with his producers and they had told him that they had already been hired. Captain Dye stated they have not been hired out of the Coachella Valley. Mr. Gouthier stated he needed to talk with him to straighten this out. 26. Chairman Abels reminded Mr. Gouthier that they were under a time frame, and Mr. Gouthier had better find out about the Certificate of Insurance and resolve the number of deputies with Captain Dye. Planning Manager Christine di Iorio stated Mr. Gouthier also needed to coordinate the inspection with the Building and Safety Department. 27. Commissioner Butler stated that if a complete inspection can not be made or arranged for, this whole proceedings comes to a stop. 28. Chairman Abels recessed the meeting at 3:50: p.m. and reconvened at 4:03 p.m. to allow Mr. Gouthier .time to resolve some of the issues. Upon reconvening, Chairman Abels stated that the Certificate of Insurance had been received and asked Mr. Gouthier to give his $3,000 deposit check to Associate Planner Greg Trousdell. · 29. Commissioner Butler stated that if a special inspection was needed on Saturday, the cost of that inspection should be paid by the applicant as well. 30. Associate Planner Greg Trousdell stated the $3,000 deposit requested by the Community Development Department, was for the cost of stabilizing the ten acre parking site. This computes out to $300 an acre. There is no charge for watering, as the applicant is to water the site during use. He is to bring in a plan on how he is going to stabilize the site after the event. Once he has done this and has proven that the work is complete, the money is returned. ?C7-3-97 8 Planning Commission Minutes July 3, 1997 - Special Meeting 31. Buildihg Manager Mark Harold stated that he had two inspectors that would be able to perform the inspection. Chairman Abels asked Mr. Gouthier if he was willing to pay for this. Mr. Gouthier stated he would. 32. Chairman Abels asked Captain Dye if satisfactory arrangements had been made. Captain Dye stated they had not. Mr. Gouthier is now stating that the three police officers they have contracted with are through a private security company. He does not know who they are and would not like to know who they are as they are violating Consumer Affairs law as they are not licensed gun-carrying guards. The Riverside County Sheriff's Department prohibits their officers from doing this. Their have been occasions where deputies from the Los Angles Police Department have come down, but in checking into this, they found they must be licensed with Consumer Affairs. No provisions have been made to hire any of the Sheriff' s Department deputies. On special events he has incrementally increased their staffing to accommodate for peak hours, but the four on-site officers are the absolute minimum. 33. Mr. Gouthier asked if the deputies would be taking over some of their problelns as they have a budget to hire the 54 security guards and if they have to pay the Sheriff's Department they will have to decrease their budget and they will have less security. He asked if Captain Dye was comfortable with this. Captain Dye stated what he was concerned with was the possible rowdy conduct, possible conflicts, violence that may come about, traffic control, control of pedestrians on the streets, and handling complaints from the neighbors because of noise. What they do in term of security guards ushering people in and out and searching, is up to them. He has no input on the level of staffing they do for that. He does not know what company they are using which makes it hard for him to assess their ability. Some companies such as Pro Staff, he has dealt with and he knows their level of ability. Mr. Gouthier stated that sounded like the company. The last one did not perform correctly ~ and this security company is to be the top one. Mr. Gouthier again stated he would sit down with Captain Dye and work out a plan where he could decrease the number of guards they need. Basically it is a problem of budget. He cannot have both the security guards and the police. 34. Chairman Abels stated they could end this meeting at this time. If Mr. Gouthier is not going to contract with the Sheriff's Department with the conditions as issued by the City, this meeting is at an end. There is no other PC7-3-97 9 .' Planning Commission Minutes July 3, 1997 - Special Meeting way for the City to go. If he expects the Commission to approve this request, he has to comply with the conditions. Chairman Abels asked Mr. Gouthier to confirm on the record that he would comply with the conditions and contract with the Sheriff's Department. Mr. Gouthier stated he would do so. 35. Mr. Jim Holub, 80-085 58th Avenue, approximately 3/4 of a mile from the site, stated he was a renter and his landlord had asked him to speak on his behalf. He stated that at the prior event, they were uninformed of the event and the house was actually vibrating from the noise. They anticipated the noise to stop at midnight and it did not. As a golf course superintendent, he has a noise decibel meter that he had been using on his job. He took several readings that night. One driving by and one from ap. proximatley 450 feet away at 12:00 midnight, 12:30 and 1:00 a.m. and the noise was reading at 96 decibels. It was his understanding that the limit was 50 decibels. At different times different bands were louder than others. Driving by the front it was total chaos with no Sheriff's deputies on duty and kids walking up and down the street in the dark blocking the street. Kids were loaded in the backs of truck making it unsafe for the kids as well as others driving down the street. Mr. Gouthier apologized after the event, but he does not believe Mr. Gouthier has a clue on what this event will be. It was his understanding that there is a limit on the amount of noise after midnight and these bands don't even start till midnight. 4:00 a.m. is prime time. At 10:30 a.m. when he came home bands were still lingering as well as the cars parked up and down the streets. 36. Ms. Joan McPherson, representing the marketing agent for the adjacent property owners, South Valley Estates, stated their development was a 25 unit development and they have just completed the first custom home that runs along the south property line and was selling the home for three quarters of a million dollars. They just learned about the event, and their concern is that these types of crowds will cause a tremendous amount of harm to their development. Mr. Gouthier did reach her the evening before trying to find the developer. At that time he did not mention why he was trying to reach the developer, but she subsequently found out that he was trying to make arrangements for parking. They have safety concerns for their spec house should anyone go over the wall. The homes are not occupied at this time, but anyone looking to purchase in their development is looking for a quiet neighborhood. PC7-3-97 10 Planning Commission Minutes July 3, 1997 - Special Meeting 37. Commissioner Tyler stated he found it difficult to visualize that this event had be. eh planned for as long as it has to attract the talent that is expected to performing. All the other planning activites have been done, yet the Commision is sitting here at 4:15 p.m. on the day before the event discussing things that should have been discussed weeks ago when this evem was being planned. Given this environment, he too is concerned that they are going to have 24-hours of all types of music, highly amplified, all through the night. Anyone who lives in the desert knows that the nights are very quiet and sound travels extremely long distances. He did not have a comfortable feeling from the applicants presentation that this project had been adequately thought through in regards to security. Most any other question raised got a vague answer from the applicant. It is alarming that on the eve of an event of this magnitude, the lack of attention to details. If it is not under control now, how can the applicant expect to have it under control for the 24-hours it is to take place. He is uncomfortable with this event and he is sure the neighbors will be too. 38. Commissioner Seaton stated she echoed most of Commissioner Tyler's comments. It was hard for her to understand an event of 3,000 people had not attracted the City's attention; that something of this magnitude was going to take p.lace. She was concerned about the decibel readings and maybe by moving the sound equipment around it may help. She would prefer that it not be a 24-hour function, but a shorter event with less people. 39. Commissioner Butler stated that in reviewing the application he is confused as to the amount of discrepancies. From looking at the application, it appears that 1,000 people will be attending and which would be reasonable and controllable. As Captain Dye indicated, his evaluation was based on a 1,200- ' 1,500 number. All of a sudden he sees this event blossoming and something does not equate. He concurs with his Commissioners that if the planning went into this project to get all these bands, Channel 11, MTV, and LA : Times, that nobody was considering what the requirements of the City would be or for crowd control and surrounding neighbors. He has heard nothing to mitigate these problems. He has heard a situation that there would be 20-30 security agents and now Mr. Gouthier is saying 54 security agents, yet he bawks at having four deputies. This leads him to believe that he is unwilling to pay for their protection. Yet, in his opinion, the City of La Quinta is PC7-3-97 1 1 Planning Commission Minutes July 3, 1997 - Special Meeting obligated to protect the citizenry in the area, four deputies is the minimum number required for that area under the circumstances of that crowd for 24- hours. It was his understanding when he came to this meeting that the Commission was trying to accommodate the applicant because he had an event that had an estimate of 300 persons and grew to 1,000. Now, looking at an event that starts at 1,000 on the aplication and now he states 3,000, that probably could reach 6,000 and four deputies is not an adequate amount of protection for the citizens in the area. He would withhold any further comment. 40. Chairman Abels remarked to Mr. Gouthier that he had put this Commission in a very awkward situation. If this Commission turns this event down, they are lodking at a potential riot when people arrive and find out this event has been cancelled. It does not sit well with him and he concurrs with his fellow Commissioners. 41. Commissioner Tyler stated he questioned the staffing. His concern was that if the entire staff was on duty for the entire event they would be too tired to do their job. He asked how these security guards would be worked. Mr. Gouthier stated he has been a good citizen for this community as he has been trying to promote the City of La Quinta as best he can by creating a Sculpture Park and bring in events like the "All Star Challenge" and other events. They are specialized in doing events. He is ready to answer any questions as to how the security company will be mn. Even though it is going to be tough for their budget, he agrees with the requirements of the City of La Quinta because he has to and there is no other way. Concerning how the shifts for the security guards will be mn, a good security company knows how they have to be mn and this one is the best in the country. Regarding the permits, they have been doing a lot of events with the Hyatt, Walt Disney, and Fox and they have never had to apply for a permit. It was their understanding that they were allowed to do events at the Sculpture Garden as they had been zoned'TC. It was a big surprise to them that they had to go before the Planning Commission. When they brought the details for this festival to the City, they did not have any details about the event until two weeks ago even though the tickets had been sold. This is how the music industry works. They do everything at the last minute. It is difficult for them to come to the City and then have to correct it. It is not their goal to promote and disturb PC7-3-97 12 Planning Commission Minutes July 3, 1997 - Special Meeting their community. They are trying to bring some major production companies here to do some concert festivals at decent hours. This is an oppommity for the City to promote good concerts. He is not going to be pursuing this line of music after this one. He is now in negotiations to bring the Pomona Festival of 20,000 people here for a country-western event next year. They are also negotiating for a Santana concert at decent hours. This event should not be judged on the last event that was small and uncontrolled and unprofessional. 42. Commissioner Tyler asked if any of the previous events had been all night events. Mr. Gouthier stated yes, the Fox All Star Challenge which costs $1.2 million and had a staff of 300 people and never had a problem. It was a good thing for the community. He is working with the City to do all kinds of things. They are now a nonprofit organization. It has not been easy to survive with no assistance and this is an income that will help. They are going to be watched by other producers to see how they do. Having the police on site, makes him feel better. Last week he was told that he was to have police protection and he did not. 43. Chairman Abels asked if the event was planned by the promoters and that was why he was uninformed. Mr. Gouthier stated that he was told they had three Sheriff' s that were to be part of the security. · 44. Chairman Abels stated he did not want to deny this application and he would vote to approve it, but Mr. Gouthier better be sure that in the furore he will scrutinize each application and he does not want another situation like this again. If there is, and he is still on the Commission, he will not approve it. In addition, he is concerned as to how they will be able to control the noise after 10:00 p.m. Mr. Gouthier stated that if the police are on site they will be able to control it. Commissioner Tyler stated that is not the function of the police to control this. Mr. Goutier stated he would be there and at the gate , during the whole event with a radio and cell phone and anything happens he can shut it down. If they have a neighbor that is going to complain, all events with music will have complaints. It is impossible to have an event and not have a complaint. 45. Commisioner Butler asked why events that have taken place at this location before have not come before the Commission. Planning Manager Christine di Iorio stated that the City needs to relook at the last approval for the Sculpture Garden. It is her understanding that there was a condition placed on the permit that required the owner to obtain a temporary use permit for PC7-3-97 13 Planning Commission Minutes July 3, 1997 - Special Meeting these type of events. 46. Commissioner Butler stated the Sculpture Garden was originally approved as a conditional use permit and there is no indication that it has changed. Does the special permits allow him to hold these events? Staff explained this property was rezoned Tourist Commercial during the updating of the General Plan and this type of use is permitted. 47. Commissioner Butler stated that due to this change, Mr. Gouthier would not have to come before the Commission for approval of this type of use except for temporary use permits. Staff stated this was their understanding, but they would review the approval. 48. Commissioner Seaton asked if Mr. Gouthier had a decibel meter. Mr. Gouthier stated he did not, but he would obtain one. Commissioner Seaton stated her concern that water and alcohol do not mix and asked if the people would be able to get into the water feature. Mr. Gouthier stated that life guards would be on duty. Commissioner Seaton stated she would like to review the conditions to be sure they had all been met. 49. Planning Manager Christine di Iorio went over the conditions. She asked that Condition #3 be modified to state that two building inspectors would be required for an inspection on the day of the event and the applicant is to pay the cost of their overtime wages. A condition should be added to note the number of deputies required on site. Condition #9 is to be changed to state that the maximum number of guests is 3,000 persons at any one time. She then asked if the Commission wanted to add a condition requiring him to have a decibel meter on site. Commissioners agreed and asked that a condition be added. 50. Chairman Abels asked Mr. Gouthier if he agreed to all the conditions. Mr. ' Gouthier stated he did. · 51. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Minutes Motion 97-009 approving the two day Music Festival event, subject to the Findings and Conditons of Approval as amended. Chairman Abels asked if there was any discussion. PC7-3-97 14 Planning Commission Minutes July 3, 1997 - Special Meeting 52. Commissioner Tyler stated that he was reluctantly seconding this motion and equally will vote for it only because he is more terrified of the consequences of cancelling the event than they are likely to encounter with the 3,000 people who show up to go to the party. He would however, like to point out to the applicant that he is in the spotlight. If this goes well, he wishes him well and · hopefuly we can have more events. If the City has many complaints from the surrounding neighbors, he doubts he would get another favorable vote from this Commissioner. Chairman Abels concurred with Commissioner Tyler. 53. The motion carded unanimously. VII. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Tyler/Butler to adjourn this special meeting of the Planning Commission to a regular meeting of the Planning Commission on July 14, 1997. This meeting of the Planning Commission was adjourned at 4:57 p.m. Unanimously approved. PC7-3-97 15 ·