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Item 1S - 11
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California Department of Forestry and
Fire Protection (CAL FIRE)
Self Contained Breathing Apparatus
(SCBA)
Specifications and Standards
Exhibit 8.19
April 27, 2017
Event 1.0 0000005293
Item 1S - 12
Item 1S - 13
4240-3787
California Department of Forestry and Fire Protection
Self Contained Breathing Apparatus
Table of Contents
1. Scope .................................................................................................................... 2
2. Applicable Specifications ................................................................................... 2
3. Requirements ....................................................................................................... 3
3.1. Facepiece .......................................................................................................... 3
3.2. Mask Mounted Regulator ................................................................................. 4
3.3. Heads Up Display (HUD) .................................................................................. 5
3.4. End-of-Service Time Indicators (EOSTI) ........................................................ 5
3.5. Harness ............................................................................................................. 5
3.6. Emergency Breathing Support System "Buddy Breathing" (EBSS) ........... 6
3.7. Universal Air Connection (UAC) / Rapid Intervention Crew (RIC) ................ 7
3.8. Electronic Voice Amplification ........................................................................ 7
3.9. Pressure Reducer with Cylinder Connection ................................................ 8
3.10. Cylinders ....................................................................................................... 8
3.11. Personal Alert Safety System (PASS) ......................................................... 9
4. Quality Assurance ............................................................................................. 10
4.1. Training ........................................................................................................... 10
4.2. Maintenance Program .................................................................................... 10
5. Optional Items .................................................................................................... 12
5.1. Rope ................................................................................................................ 12
5.2. Optional Items ................................................................................................ 12
5.3. Cylinders Options .......................................................................................... 12
5.4. Wireless Communications ............................................................................ 13 Event I.D 0000005293
Self Contained
Breathing Apparatus (Exhibit 8.19)
4/27/2017
Item 1S - 14
oRl'IIA OEPARTA1E
,,._i1~1~Y & FIREPRorr"ra, o~•= ---;,::cr,a
f CAL ,,
FIRE
Item 1S - 15
4240-3787
California Department of Forestry and Fire Protection
Self Contained Breathing Apparatus
1. Scope
This specification sets forth the requirements for Self Contained Breathing Apparatus (SCBA) intended for use in Immediately Dangerous to Life or Health (IDLH) environments by CAL FIRE personnel.
2. Applicable Specifications
Specifications and Standards (latest editions) referenced in this document in effect on the opening of the invitation for bid form a part of this specification where referenced. The specifications outlined in this document meet the protection requirements stated in the Cal/OSHA and NFPA mandated CAL FIRE Hazard and Risk Assessment. Performance and protection values may exceed the minimum requirements stated in NFPA 1981-2013 standards edition when required to meet the CAL FIRE Hazard and Risk Assessment.
2.1. Code of Federal Regulations Title 29, Part 1910.134
2.2. California Code of Regulations Title 8, §5144
2.3. California Code of Regulations Title 8, §3380
2.4. NIOSH 42 CFR, Part 84
2.5. NFPA 1981
2.6. NFPA 1982
2.7. NFPA 1852
2.8. NFPA 1983
2.9. NFPA 1989
2.10. NFPA 1404
2.11. NFPA 1500
Event I.D 0000005293
Self Contained
The Self Contained Breathing Apparatus shall be approved for Chemical, Biological, Radiological, and Nuclear
Protection (CBRN)
2013 Edition, Standard on Open Circuit Self Contained
Breathing Apparatus (SCBA) for Emergency Services
2013 Edition, Standard on Personal Alert Safety Systems (PASS)
Standard on Selection, Care and Maintenance of Open
Circuit Self Contained Breathing Apparatus (SCBA)
2012 Edition, Standard on Life Safety Rope and Equipment for Emergency Services. Optional integrated self-rescue device shall be compliant.
Standard on Breathing Air Quality for Emergency Services Respiratory Protection
Standard for Fire Service Respiratory Protection Training Standard on Fire Department Occupational Safety and
Health Program
Breathing Apparatus (Exhibit 8.19)
4/27/2017
Item 1S - 16
oRNIA DEPART Mt
,�\.'fstR'i & FIRE PRorr fir o
,. o�• ·:------cr,o
fCAL ,,
FIRE
California Department of Forestry and Fire Protection
Self Contained Breathing Apparatus
2.12. American National Standards Institute 287 .1
4240-3787
2.13. All electronic components shall be approved for Intrinsic Safety under UL 913 Class I, Groups C and D, Class II, Groups E, F and G, Hazardous locations.
2.14. UL / NIST Modern Fire Environment
3. Requirements
3.1. Face piece
All personnel shall be issued a proper fitting personal facepiece, protective bag and shall have access to a voice amplifier.
3.1.1. The facepiece shall be approved for use with multiple respiratory applications to enable the same user to switch from one application to another without the use of tools and without doffing the facepiece.
3.1.2. Manufacturer shall have available an adapter for particulate and CBRN cartridges for the SCBA facepiece.
3.1.3. The full facepiece assembly shall fit persons of varying facial shapes and sizes with minimal visual interference.
3.1.4. The full facepiece assembly shall be available in three sizes marked "S" for Small, "M" for medium, and "L" for Large.
3.1.5. Manufacturer shall provide interchangeable nose cup sizes.
3.1.6. Deleted
3.1.7. In accordance with NIOSH 42 CFR part 84, the facepiece lens shall meet penetration and impact requirements, including compliance with ANSI 287.1 -2010.
3.1.8. The lens shall have a coating to resist abrasion and chemical exposure and meet the requirements of NFPA 1981-2013 edition, for lens abrasion.
3.1.9. The lens shall have an internal anti-fog coating to reduce fogging of the lens.
3.1.10. The facepiece assembly shall be capable to function with multiple electronic communications options (amplification, radio interface, wireless, etc.) without affecting NIOSH approvals or NFPA/CBRN approvals where applicable.
Event I.D 0000005293
Self Contained
Breathing Apparatus (Exhibit 8.19)
4/27/2017
Item 1S - 17
Item 1S - 18
4240-3787
California Department of Forestry and Fire Protection
Self Contained Breathing Apparatus
3.1.11. The head harness shall be a multiple adjustment suspension made in the fashion of a net hood to minimize interference between securing of the facepiece and the wearing of head protection, and be constructed of a para-aramid material for fire, first responder and CBRN applications.
3.1.12. Facepiece shall be capable of water submersion for cleaning and disinfection.
3.1.13. Facepiece must be compatible for use with a spectacle kit for vision correction.
3.2. Mask Mounted Regulator
3.2.1. Shall meet NFPA 1981-2013 edition flow rates.
3.2.2. The breathing regulator shall have an attached low-pressure hose that shall be threaded through the left shoulder strap to couple to the pressure-reducing regulator mounted on the back frame.
3.2.3. The breathing regulator low-pressure hose shall have a quick connect coupling in line for use with the outlet manifold and accessory hose to allow the breathing regulator to be disconnected from in front of the user and reconnected to the auxiliary hose of a second unit in the event rescue is required.
3.2.4. The quick connect coupling on the low-pressure hose shall be easily connected and disconnected by trained individuals with a gloved hand and/or in low light conditions.
3.2.5. The quick connect coupling on the low-pressure hose shall not allow the regulator air hose to be connected without the HUD connection during normal SCBA operation.
3.2.6. The quick connect coupling on the low-pressure hose shall also be guarded against inadvertent disconnect during use of the equipment.
3.2.7. The low-pressure hose shall be equipped with a swivel attachment at the facepiece-mounted regulator.
3.2.8. The user shall hear an audible sound when the regulator is attached correctly to the facepiece.
3.2.9. The regulator cover shall be fabricated of a flame resistant, high impact plastic.
3.2.10. The breathing regulator shall have a demand valve to deliver air to the user, activated by a diaphragm responsive to respiration.
Event I.D 0000005293
Self Contained
Breathing Apparatus (Exhibit 8.19)
4/27/2017
Item 1S - 19
Item 1S - 20
4240-3787
California Department of Forestry and Fire Protection
Self Contained Breathing Apparatus
3.2.11. A purge/bypass valve shall be situated at the inlet of the breathing regulator and deliver an air volume meeting NFPA 1981-2013 edition.
3.2.12. The breathing regulator shall be arranged to direct the incoming air over the inner surface of the facepiece for defogging purposes.
3.2.13. The components of the breathing regulator shall be constructed of materials that are resistant to corrosion.
3.2.14. The regulator cover shall contain an air shut off switch.
3.3. Heads Up Display (HUD)
3.3.1. HUD system shall be integrated with regulator, reducing snag hazards and increase product durability.
3.3.2. HUD shall be powered by the SCBA's single power supply.
3.3.3. HUD System shall eliminate the SCBA from communicating with other HUD units.
3.3.4. HUD System shall be immune to radio frequency interference (RFI) and must function properly in close proximity to fire service hand-held radios.
3.3.5. HUD shall display cylinder pressure in increments of 100%, 75%, 50% and 33% (Allowing a variance of +5%, -0%).
3.3.6. HUD shall not have a numerical representation of cylinder pressure.
3.3.7. HUD system shall provide user with remaining cylinder air volume, available in increments through a series of colored lights.
3.3.8. HUD shall have a low battery indication that is distinct and distinguishable from the cylinder pressure indications.
3.3.9. HUD shall have a light sensing system to brighten or dim the HUD display as environments change.
3.4. End-of-Service Time Indicators (EOSTI)
3.4.1. EOSTI shall activate at 33% of the rated service life of the cylinder. (Allowing a variance of +5%, -0%).
3.4.2. The SCBA shall have two EOSTI, a tactile alarm and a HUD.
3.4.3. The primary EOSTI shall be the integral low-pressure alarm device that shall have an audible alarm.
3.4.4. The secondary EOSTI shall be a visual alarm device.
3.5. Harness
Event I.D 0000005293
Self Contained
Breathing Apparatus (Exhibit 8.19)
4/27/2017
Item 1S - 21
Item 1S - 22
4240-3787
California Department of Forestry and Fire Protection
Self Contained Breathing Apparatus
3.5.1. A lightweight lumbar support style back frame and harness assembly shall be used to carry the cylinder and valve assembly and the pressure reducing regulator assembly.
3.5.2. The back frame shall be contoured to follow the shape of the users back.
3.5.3. The harness assembly shall incorporate parachute-type, quick-release buckles and shall include shoulder and hip pads.
3.5.4. Collection points shall be accessible in an emergency situation to extract a downed firefighter to safety.
3.5.5. The shoulder strap shall have retro reflective markings for better visibility within low light conditions.
3.6. Emergency Breathing Support System "Buddy Breathing" (EBSS)
3.6.1. The SCBA shall incorporate a dual Emergency Breathing Support System (EBSS) shall be approved to NIOSH 42CFR, Part 84 and NFPA 1981-2013 Edition.
3.6.2. The dual EBSS shall have one of each of the following requirements; (1) a manifold with one each of a female socket and male plug, both of which have check valves, (2) 40" minimum low-pressure hose, (3) a pouch for storing the hose, and (4) a dust cap for the female socket and male plug.
3.6.3. The dual EBSS system shall be located on the wearer's side and shall be capable of allowing for six feet of hose between like systems.
3.6.4. The female socket and male plug shall have spacing to prevent simultaneous connections.
3.6.5. The female socket shall have a double action to disengage, noted as a "push-in/pull-back".
3.6.6. The female socket shall have an internal check valve.
3.6.7. The male plug shall have an external check valve.
3.6.8. The hose shall be made of high temperature rubber capable of sustaining a maximum 250 psig of pressure.
3.6.9. The containment system shall include a pouch and shall be made of para-aramid materials and shall be capable of storing a minimum of 40" of hose.
3.6.10. The pouch shall be attached to the SCBA readily accessible.
Event 1.0 0000005293
Self Contained
Breathing Apparatus (Exhibit 8.19)
4/27/2017
Item 1S - 23
Item 1S - 24
4240-3787
California Department of Forestry and Fire Protection
Self Contained Breathing Apparatus
3.6.11. Ability to upgrade to subsequent editions of NFPA 1981.
3.7. Universal Air Connection (UAC) / Rapid Intervention Crew (RIC)
3.7.1. The SCBA shall incorporate a UAC/RIC fitting to be compliant with NFPA 1981-2013 edition Self-Contained Breathing Apparatus standard.
3.7.2. The UAC/RIC fitting shall meet NFPA location requirements.
3.7.3. System shall be capable of:
3.7.3.1. Refilling within immediately dangerous to life or health (IDLH) atmospheres.
3.7.3.2. Quickly refilling (approximately one-minute duration) SCBA cylinder from mobile compressor, cascade system or RIC pack.
3.7.3.3. Extending user's air supply over longer duration when remote cascade system or other compressed gas source is located within remote area.
3.7.4. 3.7.5.
3.7.6. 3.7.7.
3.8. 3.8.1.
3.8.2. 3.8.3.
3.8.4. 3.8.5.
The UAC/RIC inlet connection shall be within 4" (4-inches) of the tip of the Compressed Gas Association (CGA) threads of the cylinder valve.
The UAC/RIC shall consist of a connection for attaching a high-pressure air source and a self-resetting relief valve allowing a higher pressure than that of the SCBA to be attached to the SCBA.
The UAC/RIC shall have a check valve to prevent the loss of air when the high-pressure air source has been disconnected.
The UAC/RIC connection shall be capable of illumination.
Electronic Voice Amplification
All respirators shall have a compatible voice amplification device to electronically project the user's voice.
The device shall have an on/off button to allow users to manually power off as needed while on or off air.
Voice amplifier shall have a light to indicate that device is powered on.
The on/off button shall be covered with a sheath made of a silicone material.
The device shall provide audible tones to indicate that the system has been energized, de-energized and to provide a low battery indication.
Event I.D 0000005293
Self Contained
4/27/2017
Item 1S - 25
4240-3787
California Department of Forestry and Fire Protection
Self Contained Breathing Apparatus
3.8.6. The amplifier shall contain a custom speaker designed for pushing sound through background noises commonly found at emergency events.
3.8.7. The device shall not feedback for longer than 1 second when worn with a level A HAZMAT suit.
3.8.8. The device shall be able to provide the NFPA minimum Speech Transmission Index (STI} score requirement of 0.60.
3.9. Pressure Reducer with Cylinder Connection
3.9.1. The pressure-reducing regulator shall be mounted at the waist on the back frame and be coupled to the cylinder valve through a permanent fast acting push to connect attachment or CGA.
3.9.2. Deleted
3.9.3. Deleted
3.9.4. The pressure-reducing regulator shall have incorporated a reseat-able over-pressurization relief valve, which shall prevent the attached low pressure hose and facepiece-mounted breathing regulator from being subjected to high pressure.
3.10. Cylinders
3.10.1. Cylinders with 4500 psig operating pressure must be available in a minimum volume of 65 cubic feet, 45-minutes in duration, with a low profile design.
3.10.2. Cylinder shall have a 15-year life span.
3.10.3. Cylinder shall be constructed of deep-drawn, seamless aluminum liner that is fully wound over entire surface (except for thick neck area) with high-strength carbon fiber filaments impregnated with epoxy resin.
3.10.4. Cylinder shall be manufactured with a reflective band that displays the department logo. 1 inch Arial, bold italic, color is red and black. Along with the department logo, there shall be a unit or contract identifier.
Example of the CAL FIRE Shasta-Trinity Unit is below:
Event I.D 0000005293
Self Contained
Breathing Apparatus (Exhibit 8.19)
4/27/2017
Item 1S - 26
, · California Department of Forestry and Fire Protection oiNl,I, OEPAltTl-!t ,,.,l1�1"" • mu PRorr "., o,
o••,;.;..---..:.:-cr,o
fCAL ,,
FIRE
Self Contained Breathing Apparatus
4240-3787
3.10.5. Cylinder shall contain a one-color identification hydro-stripe, of a five color pallet (red, blue, purple, yellow and green), to indicate the need for hydrostatic testing.
3.10.6. Deleted
3.10.7. The cylinder threads shall be straight with an O-ring or gasket type seal.
3.10.8. If the SCBA is equipped with a CGA cylinder connection, the cylinder valve outlet shall be a modification of the CGA standard threaded connection number CGA 347 for 4500 systems.
3.10.9. The SCBA shall maintain all NIOSH and NFPA standards with any of the types of cylinders listed as provided by the SCBA manufacturer.
3.10.10. The cylinder shall be manufactured in accordance with DOT specifications with working pressure 4500 psig.
3.11. Personal Alert Safety System (PASS)
3.11.1. The PASS device shall be compliant to the NFPA 1982-2013 edition standard on Personal Alert Safety Systems.
3.11.2. Arming of the PASS shall be initiated by opening the cylinder valve of the SCBA.
3.11.3. The system shall feature a "hands-free" reset capability that may be activated by means of a slight movement of the SCBA when the system is in a pre-alert mode.
3.11.4. The system shall include a sensor module mounted to the SCBA.
3.11.5. The sensor or power module shall contain redundant dual emitters for the audible and dual visual buddy indicators.
3.11.6. The console shall be located on the user's right shoulder strap.
3.11.7. The console shall contain an integral edge lit mechanical pressure gauge that is automatically turned on by opening the cylinder valve.
3.11.8. The console shall display visual alerts to the user the following: Pre Alarm, Full Alarm, Low Battery and Normal System Operation.
3.11.9. The console shall contain a photo sensing diode to dim and brighten the HUD as the environment changes.
3.11.10. The console shall contain push buttons for user interface
3.11.11. The push buttons shall be designed to minimize accidental activation.
Event I.D 0000005293
Self Contained
Breathing Apparatus (Exhibit 8.19)
4/27/2017
Item 1S - 27
California Department of Forestry and Fire Protection
Self Contained Breathing Apparatus
3.11.12. A color-coded push button shall permit system reset. 4240-3787
3.11.13. A red colored push button shall permit manual activation of the full alarm mode.
3.11.14. The system shall include a sensor module mounted to the SCBA.
3.11.15. The sensor or power module shall contain redundant dual sound emitters for the audible alarm and dual visual "buddy" indicators.
3.11.15.1. The sensor or power module sound emitters shall be oriented in multiple directions for optimal sound projection ..
3.11.15.2. The visual indicators on the rear of the back frame shall have the following: A multicolor visual LED display with red LED display below 33%(+5%, -0%) or alarm is active.
4. Quality Assurance
4.1. Training
4.1.1. Manufacturer will provide initial training to designated train-the-trainer personnel on use of the SCBA, facepieces, cylinders, RIC packs and any other accessories.
4.1.2. Manufacturer will provide technical training annually and as updates are released for SCBA Administrators. This shall cover SCBA, facepieces, cylinders, RIC packs and any other accessories.
4.1.3. Manufacturer will provide multi media educational materials for training personnel on the use of SCBA, facepieces, cylinders, RIC packs and any other accessories.
4.2. Maintenance Program
4.2.1. Independent Service Provider
4.2.1.1. Manufacturer or the authorized designee shall provide maintenance, repair, fit testing and flow testing. SCBA, facepiece, cylinder, RIC pack and any other accessories.
4.2.2. The manufacturer will provide all manuals and special tools needed to repair and maintain the SCBA and related equipment if needed.
4.2.3. The manufacturer will provide software and applications to track all components of the SCBA, including online inventory tracking, maintenance and ordering of parts. This software is essential and must meet the department's needs to our satisfaction at time of award.
Event I.D 0000005293
Self Contained
Breathing Apparatus (Exhibit 8.19)
4/27/2017
Item 1S - 28
Item 1S - 29
4240-3787
California Department of Forestry and Fire Protection
Self Contained Breathing Apparatus
4.2.4. The manufacturer shall provide a mandatory maintenance schedule cost sheet that includes any detailed testing and repair cycle schedules sufficient to determine the type and quantity of parts and time required to perform routine maintenance.
4.2.5. The manufacturer will provide a cost sheet of all the SCBA components.
4.2.6. Warranty Repair:
4.2.6.1. The manufacturer will provide a minimum of a ten (10) year warranty on the complete SCBA unit, including all electronics on the SCBA and masks.
4.2.6.2. Warranty repairs shall be completed within 1 week unless prior approval from the appropriate SCBA administrator(s) has authorized extended repair time frame.
4.2.6.3. A replacement loaner SCBA shall be provided if requested by the SCBA administrator.
4.2. 7. Non Warranty Repair
4.2. 7.1. Non-warranty repairs and parts shall be done at a predetermined contract price.
4.2.7.2. Non-warranty repairs shall be completed within 1 week unless prior approval from the appropriate SCBA administrator has authorized extended repair time frame.
4.2.8. Fit Testing
4.2.8.1. The manufacturer or their authorized dealer or service center shall provide initial fit testing of all personnel after receipt of an order and prior to the SCBA's going into service.
4.2.8.2. The manufacturer or their authorized dealer or service center shall be available to provide annual fit testing all personnel according to OSHA fit test standards.
4.2.8.3. Manufacturer or their authorized dealer or service center shall provide all manufacturer specific fit testing attachments.
4.2.9. Flow Testing
4.2.9.1. The manufacturer or their authorized dealer or service center shall provide annual flow testing of all equipment associated with the SCBA and RIC packs according to manufacturer, OSHA and
current NFPA standards.
Event I.D 0000005293 4/27/2017
Self Contained
Breathing Apparatus (Exhibit 8.19) Page 11 of 13
Item 1S - 30
Item 1S - 31
4240-3787
California Department of Forestry and Fire Protection
Self Contained Breathing Apparatus
4.2.9.2. Manufacturer or their authorized designee shall input testing data results into the online designated tracking program.
4.2.9.3. Flow testing shall be conducted in accordance to the appropriate SCBA administrator's requirements and predetermined schedule.
4.2.10. The manufacturer shall cover the cost of shipping both ways on warrantied parts.
4.2.11. All equipment supplied must be compliant with current federal guidelines, NIOSH and current NFPA standards.
5. Optional Items
5.1. Rope
5.1.1. NFPA 1983-2012 edition escape rope heat resistant to 930 degrees F.
5.1.2. 5.1.3.
Rope shall be available in SO-foot length aramid/nylon blend.
Rescue system shall include durable fire resistant pouch, carabiner or Crosby hook and descender/friction device.
5.1.4. Rope shall be detachable under user load, with pull-to-release knot at end of rescue rope as safety feature.
5.1.5. Rescue system shall incorporate a quick release feature from the SCBA.
5.2. Optional Items
5.2.1. RIC pack, with low and high pressure connections
5.2.2. Rescue supplied air respirator
5.2.3. Air cart and hose
5.2.4. Facepiece protective bag
5.2.5. SCBA hard or soft carrying case
5.2.6. CGA thread protective cover
5.2.7. Fire and/or HAZMAT rated lapel/ speaker / microphone shall be located close to the ear for inbound radio transmission.
5.2.8. Thermal Imaging Camera
5.3. Cylinders Options
Event I.D 0000005293
Self Contained
Breathing Apparatus (Exhibit 8.19)
4/27/2017
Item 1S - 32
Item 1S - 33
4240-3787
California Department of Forestry and Fire Protection
Self Contained Breathing Apparatus
5.3.1. 4500psi 30-minute or 60-minute cylinder available for use in RIC, HAZMAT, or USAR applications.
5.3.2. Adapters for rapid connection to CGA 34 7 connection for use with air powered tools.
5.3.3. Supplied air respirator escape cylinders. in 5, 10 or 15 minute durations.
5.3.4. Personalized cylinder-tracking identification marking (i.e. a numbering system).
5.4. Wireless Communications
5.4.1. The wireless system shall have a manual shutdown function.
5.4.2. The wireless system shall be capable of interfacing with current and future radio systems.
5.4.3. Ability to upgrade existing equipment to Bluetooth or talk-around.
5.4.4. Ability to upgrade to subsequent editions of NFPA.
5.5. Firefighter Locator
5.5.1. The successful manufacturer will work with Cal Fire to develop a tracking system that integrates with Cal Fire fire ground operations.
5.5.2. System may contain an air and location-tracking interface with mobile devices or command post vehicle.
Event 1.0 0000005293
Self Contained
Breathing Apparatus (Exhibit 8.19)
4/27/2017
Item 1S - 34
Contract 1-17-42-04, SCBA
Contractor: Allstar Fire Equipment Inc.
Note: Bold, italic, red indicates changes from previous supplement.
ContactUne Manufacturer Part Manufacture Item Commodity ONerlptlon Number (OEM ')Iii r(OEM) t(CLIN) 1111 Svatem
Complete SCBA System Per Exhibit 8.19. X8814N25305303
10 Includes a medium facepiece. (also +804722-01 Scott Safety available as individual items below). Comes +201215-28 with a non-jettison able belt. +201275-01
Components
Facepiece per Specification 4240-3787 201215-28 Scott Safety 20A Bid price for 1 unit, Small 201215-26 Scott Safety
20B Bid price for 1 unit, Medium 201215-28 Scott Safety 20C Bid price for 1 unit, Large 201215-29 Scott Safety
30 Mask-Mounted Regulator (2013) per 200077-50 Scott Safety Specification 4240- 3787 40 Heads Up Display (HUD) per Specification 200449-01 Scott Safety 4240-3787 50 End-of-Service Time Indicator per 802865-01 Scott Safety Specification 4240- 3787. 60 Harness per Specification 4240-3787. 201100-01 Scott Safety 70 Emergency Breathing Support System 201101-01 Scott Safety (EBSS) per Specification 4240-3787. 80 Universal Air Connection (UAC) per 10009513 Scott Safety Specification 4240-3787. + 31000975 90 Electronic Voice Amplifier per specification 201275-01 Scott Safety 4240- 3787. 100 Pressure Reducer with Cylinder Connection 201030-02 Scott Safety per Specification 4240-3787. 110 Standard Cylinders per Specificaion 4240- 804722-01 Scott Safety 3787 120 Personal Alert Safety System (PASS) per 201180-22 Scott Safety Specification 4240-3787 +201110-11 Services
130 Trainin!l per Specification 4240-3787
140 Maintenance Program per Specification
4240-3787
Non-Core
SKUt/ltem
•
X8814N2530
5303
+804722-01
+201215-28
+201275-01
201215-28
201215-26
201215-27
201215-29
200077-50
200449-01
802865-01
201100-01
201101-01
10009513
+ 31000975
201275-01
201030-02
804722-01
201180-22
+201110-11
Attachment A - Pricing Worksheet, Supplement 7
2118/2021
Unit of Quantity Contract Item Description M8HUl9 In UnH of Price Meaaure Air-Pak NFPA 2018 X3
PRO; 4500 psi; CGA
connection. OD
Regulator. Dual EBSS.
PASS and Pak- Tracker Each 1 $5,379.81
c/w AV-3000HT (M)
face piece, 4500 psi, 45-
min cylinder, EPIC 3
voice amplifier
AV-3000HT (M) face Each 1 $ 271.29 piece w
Small Each 1 $ 271.29
Medium Each 1 $ 271.29
Large Each 1 $ 271.29
X3 OD Regulator Each 1 $1,164.71 Assemblv
X3 Reg Hose w/HUD Each 1 $ 261.42
Vibralert Assembly Each 1 $40.00
Air-Pak X3 harness Each 1 $ 486.30 assembl
EBSS Hose & Puch Each 1 $ 324.77 Assemb
UAC w/Relief Valve Each 1 $ 274.15
EPIC 3 Voice Amplifier Each 1 $ 423.19
X3 Pressure Reducer, Each 1 $ 804.97 X3 C
4500; 45-min CGA Each 1 $ 881.59 cylinder
X3 Sensor Module + Each 1 $ 999.30 console
Each 1 $ -
Hour 1 $80.00
150 Non-Core Cataloa Items Note: There Is a minimum 25% discount for all Items In the Attachment A1 non-core catalog.
Item 1S - 35
Department of General Services
Procurement Division
707 Third Street, 2nd Floor
West Sacramento, CA 95605-2811
State of California
CONTRACT USER INSTRUCTIONS
****MANDATORY****
*Supplement 9
(Incorporates Suoo/ement 1-9)*
ISSUE AND EFFECTIVE DATE: *06/11/2021*
CONTRACT NUMBER: 1-17-42-04
DESCRIPTION: Self Contained Breathing Apparatus (SCBA)
CONTRACTOR(S): Allstar Fire Equipment, Inc. (Allstar)
CONTRACT TERM: 06/29/2017 through 06/30/2022
STATE CONTRACT Rita Seale
ADMINISTRATOR: (916) 375-4804
Rita.Seale{@dgs.ca.gov
The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions:
http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/dgspd 401.pdf (GSPD-401 Non-IT Commodities, rev 06/08/2010) Cal eProcure link· www cale1,;1rocure ca gov
ORDER PLACEMENT INFORMATION All Star Fire Equipment, Inc.
U.S. Mail Contact Contractor Contract Manager
Allstar Fire Equipment, Inc. Attn: Mark Preisendorf Alex Bunker 2552 Barrington Court Email: [email protected] 2552 Barrington Court Hayward, Ca. 94545 Telephone: (510) 887-6295 Hayward, Ca. 94545 FAX: (510) 887-6298 Email: [email protected]
Cell: (510) 363-5517 Fax: (510) 887-6298
Cell: (510) 714-5604
Allstar Fire Equipment, Inc. Attn: Rene Reyes
12328 Lower Azusa Rd. Email: [email protected]
Arcadia, Ca. 91006 Telephone: (626) 652-0900
FAX: (626) 652-0920
www .allstarfire.com
Item 1S - 36
Item 1S - 37
STATE OF CAUFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Supplement
No.
*9*
8 7
6 5
4 3
2 Contract 1-17-42-04
User Instructions
Mandatory Contract Number 1-17-42-04
Contract User Instructions, Supplement 8
Description/Articles
*Subject contract for SCBA is hereby modified to reflect the following changes:
► Attachment A1 - Non-Core Catalog updated to
reflect additional items
All other terms and conditions shall remain the same*
Subject contract for SCBA is hereby modified to reflect the following changes:
► Front page and Article 34: Update Contract
Administrator from Steve Funderburk to Rita Seale
All other terms and conditions shall remain the same
Subject contract for SCBA is hereby modified to reflect the following changes:
► Contract has been extended from 06/30/2021 to
06/30/2022
► Attachment A - Pricing Worksheet updated to reflect
price increases
► Attachment A 1 -Non-Core Catalog updated to reflect
price increases
Subject contract for SCBA is hereby modified to reflect the following changes:
► Contract has been extended from 06/30/2020 to
06/30/2021
► Attachment A - Pricing Worksheet updated due to
product refresh
► Attachment A 1 -Non-Core Catalog updated due to
product refresh
► Article 2, 6: Updated language
► Article 3, 17, 41: Updated link
Subject contract for SCBA is hereby modified to reflect the following changes:
► Attachment A 1 -Non-Core Catalog - Supplement 5
updated
► Article 34: Contractor contract administrator updated Subject contract for SCBA is hereby modified to reflect the following changes:
► Article 2: Updated billing code language
► Article 4: Updated off-ramp language
► Article 34: State contract administrator changed from John D'Elia to Steve Funderburk
Changes to Attachment A 1 -Non-Core Catalog.
All other terms and conditions shall remain the same.
Changes to Attachment A - Cost Worksheet and Attachment A 1 - Non-Core Catalog.
All other terms and conditions shall remain the same.
Supplement
Date
*06/11/2021*
06/08/2021
2/18/2021
9/12/2019
8/8/2018
7/11/2018
02/07/2018
01/18/2018
06/11/2021
Item 1S - 38
Item 1S - 39
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Supplement
No.
1 Contract 1-17-42-04
User Instructions
Mandatory Contract Number 1-17-42-04
Contract User Instructions, Supplement B
SUMMARY OF CHANGES
Description/Articles
Changes to Attachment A - Cost Worksheet and Attachment A 1 - Non-Core Catalog.
All other terms and conditions shall remain the same.
Supplement
Date
09/28/2017
06/11/2021
Item 1S - 40
Item 1S - 41
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
1. SCOPE
Mandalory Contlact Number 1-17-42-04
Contract User Instructions, Supplement 8
The State's contract with Allstar Fire Equipment, Inc. (Contractor) provides Self Contained Breathing Apparatuses (SCBA) at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract# 1-17-42-04. The contractor shall supply the entire portfolio of products as identified in the contract and will be the primary point of contact for data collection, reporting, and distribution of SCBA to the State.
The contract term is for three (3) years with an option to extend the contract for two (2) additional one ( 1) period or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between the contractor and the State. If a mutual agreement cannot be met the contract may be terminated at the end of the current contract term.
2. CONTRACT USAGE/RULES
A State Departments
• The use of this contract is mandatory for the State of California Department of Forestry and Fire Protection (CALFIRE) and Non-Mandatory for other State Departments. • Ordering departments must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual Volume 2 and 3, as applicable.
• Prior to placing orders against this contract, departments must have been granted non-IT purchasing authority by the Department of General Services, Procurement Division (DGS/PD) for the use of this statewide contract. The department's current purchasing authority number must be entered in the appropriate location on each purchase document when using the Purchasing Authority Purchase Order (Std. 65). Departments that have not been granted purchasing authority by DGS/PD for the use of the State's statewide contracts may contact DGS/PD's Purchasing Authority Management Section by e-mail at [email protected].
• Departments must have a Department of General Services (DGS) agency billing code prior to placing orders against this contract. Ordering departments may contact their Purchasing Authority contact or their department's fiscal office to obtain this information.
B. Local Governmental Agencies
• Local governmental agency use of this contract is optional. • Local government agencies are defined as "any city, county, city and county, district or other governmental body or corporation, including the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges", empowered to expend public funds for the acquisition of products, per Public Contract Code Chapter 2, Paragraph 10298 (a) (b).
While the State makes this contract available to local governmental agencies, each local governmental agency should determine whether this contract is consistent with its procurement policies and regulations.
• Local governmental agencies shall have the same rights and privileges as the State under the terms of this contract. Any agencies desiring to participate shall be required to adhere to the same responsibilities as do State agencies and have no authority to amend, modify or change any condition of the contract.
• A DGS issued billing code is not required for local governmental agencies to place orders against this contract.
Contract 1-17-42-04
User Instructions
Page4 06/11/2021
Item 1S - 42
Item 1S - 43
STATE OF CAUFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Mandatory Contract Number 1-17-42-04
Contract User Instructions, Supplement 8
C. Unless otherwise specified within this document, the term "ordering agencies" will refer to all State departments and/or local governmental agencies eligible to utilize this contract. Ordering and/or usage instructions exclusive to State departments or local governmental agencies shall be identified within each article.
3. DGS ADMINISTRATIVE FEES
A State Departments
The DGS will bill each State department an administrative fee for use of this statewide contract. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS.
Current fees are available online in the Price Book & Directory of Services located at:
https://www.dgs.ca.gov/OFS/Price-Book (Go to Price Book and click on "Purchasing" under Procurement Division.)
B. Local Governmental
For all local government agency transactions issued against the contract, the Contractor is required to remit the DGS/PD an Incentive Fee of an amount equal to 1 % of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the agency's purchase price, nor invoiced or charged to the purchasing entity. All prices quoted to local governmental agency customers shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add-on fees.
4. SB/DVBE OFF-RAMP PROVISION
The SCBA Statewide Contract 1-17-42-04 is mandatory for use by CalFire except when the "SB/DVBE Off Ramp" provision is utilized. The SB/DVBE Off-Ramp provision allows a State department to, at its option, purchase contract items from a certified Small Business (SB), including a "microbusiness" (MB), or a Disabled Veteran Business Enterprise (DVBE) in accordance with the rules outlined within this document.
Note: The rules outlined herein are exclusive to the SCBA Statewide Contract 1-17-42-04 and do not affect any other contract. Departments may not use the SB/DVBE Off-ramp provision to buy outside of the mandatory statewide contract if the rules cannot be applied. In these situations, the purchase must be made through the mandatory statewide contract.
A SB/DVBE Offramp Provision Usage Rules
In order to utilize the SB/DVBE Off-ramp provision, departments must comply with the following usage rules:
Requirement
Purchasing Authority
Transaction Limits
Supplier Certifications
Contract 1-17-42-04
User Instructions
Description / Procedure
Departments must have approved Purchasing Authority Category for SB/DVBE Option per GC section 14838.S(a) granted by the DGS/PD in order to utilize the SB/DVBE Off-Ramp provision as identified within the statewide contract..
Transactions must be less than $250,000 excluding sales and use tax, finance charges, postage, and handling charges.
SB/DVBE Offramp purchases must be made to a supplier with a current California SB or DVBE certification. State departments can verify certifications at the following website: www.caleprocure.ca.gov
Item 1S - 44
Item 1S - 45
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Mandatory Contract Number 1-17-42-04
Contract User Instructions, Supplement 8
Requirement
Price Quotations
Evaluation
Identifying Off Ramp
purchases
Description/ Procedure
Departments must obtain price quotations from California-certified SB, MB, or DVBE supplier(s) as follows:
► For purchases between $0 and under $5,000, departments must obtain at least one (1) phone quote or written quote.
► For purchases between $5,000 and under $250,000, departments must obtain at least two (2) price quotations. Refer to SCM Volume 3, Chap.4.
Note: Quotes must be obtained from suppliers of the same certification type (SB or DVBE).
State departments must document in the procurement file that the products being purchased are:
1) The same brand and model as the products available from the statewide contract including product description, functional requirements, and manufacturer warranties as provided in the statewide contract; and 2) Equal to or less expensive than the pricing offered from the statewide contract for the equivalent products based on the total order value before taxes.
Departments electing to exercise the Off Ramp provision by conducting a SB/DVBE Option purchase, must identify use of the Off Ramp provision as follows:
Fl$CAL Purchase Orders
Select the appropriate acquisition method (SB or DVBE Option - COMPETITIVE). Do not select a LPA Contract ID. In the PO Reference field, enter "OFF RAMP" and the LPA contract number the SB/DVBE Option is replacing.
STD. 65 Purchasing Authority Purchase Orders
On the STD. 65, enter "OFF RAMP" in the box titled "Leveraged Procurement Agreement No." as shown in the example below.
STATE OF CALIFORNIA • GENERAL SERVICES PROCUREMENT DIVISION
PURCHASING AUTHORITY PURCHASE ORDER CONTRACT REGISTRATION NUMBER lcPI234567 STD. 65 (REV. 7/2003)
s
H Depa11111ent of General Se1V1ces
1 707 3rd Street, 2nd Floor
p West Sacramento, CA 95605
Attn: Jane Doe
T (916) 375-1111
0 Contract 1-17-42-04
User Instructions
SUPPLIER: The numbers identified above
MUST be shown on Invoice & Packing Slip.
� Departlllent of General Se1Vices
L 707 3rd Street. 2nd Floor
L West Sacramento, CA 95605
Attn: Jolm Doe
T (916) 375-1111
0 Page6
AGENCY ORDER NUMBER AMENDMENT NQ_
I I 12-HQ-0092 11
DATE PAGE OF PAGE
01/1012012 I I I I
AGENCY BILLING CODE
199999
PURCHASING AUTHORITY NUMBER
19G-0113-DGS-HQ1
1 <VnUr.<n PAOCIJRrunIT AGREE'-"'NI NO_
iTOFFRMIP'\
06/11/2021
I
I
I
I
Item 1S - 46I I
. .. ..
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Manda1ory Contract Number 1-17-42-04
Contract User Instructions, Supplement 8
B. Off Ramp Documentation
Requirement Description / Procedure
Off Ramp The procurement file must be documented to support the contract award and Documentation the action taken including the following documents:
• Copy of Statewide Contract User Instructions in support of executing a SB/DVBE purchase outside of the mandatory contact.
• Statewide contract pricing sheet, highlighting the equivalent products being purchased and used for evaluation.
• SB or DVBE price quotes obtained .
• SB or DVBE certification verification .
Refer to SCM Volume 3 for additional documentation requirements.
5. EXEMPT PURCHASES
There is no Exempt Purchases associated with this contract.
6. PROBLEM RESOLUTION/SUPPLIER PERFORMANCE
Ordering agencies and/or contractors shall inform the State Contract Administrator (CA) of any technical or contractual difficulties encountered during contract performance in a timely manner. This includes and is not limited to informal disputes, supplier performance, outstanding deliveries, etc.
The ordering agency should include all relevant information and/or documentation (i.e. Purchase documents).
7. CONTRACT ITEMS
The contract items are divided into two different categories: Core and Non-Core. The Core items are a fixed price and are listed in Attachment A, Pricing Worksheet. All Non-Core items are discounted at twenty five 25% and are listed in Attachment A 1, Non-Core Catalog.
8. SPECIFICATIONS
All products offered in Attachment A, Pricing Worksheet must conform to the Attachment B, State of California Bid Specification Number 4240-3787, dated 4/19/2017.
9. CUSTOMER SERVICE
The Contractor will have a customer service unit that is dedicated to this contract. The customer service unit provides office and personnel resources for responding to inquiries, including telephone and email coverage weekdays during the hours of 8:00 a.m. - 5:00 p.m., PT.
The customer service unit shall be staffed with individuals that:
• Are trained in the requirements of this contract;
• Have the authority to take administrative action to correct problems that may occur; and • Are designated for training and general customer service follow-up.
The Contractor's customer service unit shall respond to all customer inquiries within one (1) business day of initial contact.
Contract 1-17-42-04
User Instructions
Page? 06/11/2021
Item 1S - 47
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contact
ReneReyes
Mark Preisendorf
Mandatory Contract Number 1-17-42-o4
Contract User Instructions, Supplement 8
Phone
(800) 425-5787 S. Cal.
(800) 200-2334 N. Cal
10. ELECTRONIC CATALOG/CONTRACT WEBSITE CONTENTS
An Electronic Catalog is not applicable to this contract.
11. PRE-ORDER CONFIGURATION CONSULTATION (OFFER GENERATION) Email
[email protected]
[email protected]
The Contractor shall provide pre-order technical consultation and configuration assistance to ordering departments in order to assure acquired configurations are operationally designed for the ordering agency's needs.
12. OFFER FORMAT
Not Applicable to this contract.
13. ELECTRONIC WASTE RECYCLING FEE
There is no electronic waste recycling fee associated with this contract.
14. PRODUCT SUBSTITUTIONS
The products and configurations proposed to meet the requirements of this RFP may be available throughout the duration of the contract term. If, during the life of the contract, a contract product is discontinued, the Contractor shall notify the State Contract Administrator (CA) in writing and propose a comparable substitute product at least 60 calendar days prior to product discontinuation. The CA will review the substitute product and determine acceptability.
Once the substitute product has been approved, the CA will provide written approval to the Contractor. These changes will be made in the form of a contract supplement.
The Contractor will maintain the contract price as bid throughout the original term of the contract and any extension(s), including upon approved substitution. If no substitute product is available that meets or exceeds the specifications due to fundamental technology or market change, the State may alter the requirements to meet the updated marketplace standards.
Obsolescence of a product may be determined at the discretion of the State.
The Contractor shall not substitute products without written approval from the CA.
15. PROMOTIONAL PRICING
Promotional Pricing is not applicable to this contract.
16. STATE AGENCY INFORMATION TECHNOLOGY CERTFICATION REQUIREMENT There is no technology certification requirement associated with this contract.
17. PURCHASE EXECUTION
A. State Degartments
1) Std. 65 Purchase Documents
Contract 1-17-42-04
User Instructions
Page8 06/11/2021
Item 1S - 48
Item 1S - 49
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Mandatory Contract Number 1-17-42-04
Contract User Instructions, Supplement 8
State departments not transacting in Fl$CAL must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std. 65 is available at the Office of State Publishing web site: https://www.dgsapps.dgs.ca.gov/osp/StatewideFormsWeb/Forms.aspx (select Standard Forms).
All Purchasing Authority Purchase Orders (Std. 65) must contain the following:
• Agency Order Number (Purchase Order Number)
• Ordering Agency Name
• Agency Billing Code
• Purchasing Authority Number
• Leveraged Procurement Number (Contract Number)
• Supplier Information (Contact Name, Address, Phone Number, Fax Number, E-mail) • Line Item number
• Quantity
• Unit of Measure
• Commodity Code Number
• Product Description
• Unit Price
• Extension Price
2) F1$CAL Purchase Documents
State departments transacting in Fl$CAL will follow the Fl$CAL procurement and contracting procedures.
3) Blanket Orders
The use of blanket orders against this statewide contract is not allowed.
A. Local Governmental Agencies
Local governmental agencies may use their own purchase document for purchase execution. The purchase documents must include the same data elements as listed above (Exception: Purchasing Authority Number is used by State departments only)
18. MINIMUM ORDER
There is no minimum order for this contract.
19. ORDERING PROCEDURE
A. Ordering Methods:
Ordering agencies are to submit appropriate purchase documents directly to the contractor(s) via one of the following ordering methods:
• U.S. Mail
• Facsimile
• Email
Contract 1-17-42-04
User Instructions
Page9 06/11/2021
Item 1S - 50
Item 1S - 51
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
MandatDry Contract Number 1-17-42-04
Contract User Instructions, Supplement 8
The contractor's Order Placement Information is as follows:
ORDER PLACEMENT INFORMATION
U.S. Mail Facsimile Email
Allstar Fire Equipment,
Inc.
2552 Barrington Court (510) 887-6298 mark�@.allstarfire.com Hayward, Ca. 94545
OR (626) 652-0920 [email protected]
12328 Lower Azusa Rd.
Arcadia, Ca. 91006
Note: When using any of the ordering methods specified above, all State departments must conform to proper State procedures.
20. ORDER ACCEPTANCE
The Contractor shall accept orders from any State department or local governmental agency. The Contractor shall not accept purchase documents for this contract that:
• Are incomplete;
• Contain non-contract items; or
• Contain non-contract terms and conditions.
The Contractor must not refuse to accept orders from any State department or local governmental agency for any other reason without written authorization from the CA.
21. ORDER RECEIPT CONFIRMATION
The Contractor will provide ordering agencies with an order receipt confirmation, via e-mail or facsimile, within one ( 1) business day of receipt of purchase document. The Order Receipt Confirmation shall include the following information:
• Ordering Agency Name
• Agency Order Number (Purchase Order Number)
• Contractor's Order Number
• Description of Goods
• Total Cost
• Anticipated Delivery Date
• Identification of any Out of Stock/Discontinued Items
22. OUT OF STOCK REMEDY
Upon receipt of order acknowledgment identifying out of stock items, the ordering agencies shall have the following options:
• Request back order; or
• Cancel the item from the order with no penalty.
Contract 1-17-42-04
User Instructions
Item 1S - 52
Item 1S - 53
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DMSION
Mandatory Contract Number 1-17-42.()4
Contract User Instructions, Supplement 8
Contractor will provide notification to the ordering agencies regarding out-of-stock items which have been back ordered.
Under no circumstance is the Contractor permitted to make substitutions with non-contract items or unauthorized products.
23. DISCONTINUED ITEM REMEDY
Upon receipt of order acknowledgment identifying discontinued items, the ordering agencies shall have the following options:
• Amend purchase document to reflect State-approved substitute item (per Article 14, Product Substitutions/Discontinued Items)
• Cancel the item from the order.
Under no circumstance is the Contractor permitted to make substitutions with non-contract items or unauthorized products without approval from the CA
24. DELIVERY SCHEDULES
Delivery for orders placed against this contract shall be in accordance with the following:
A Locations
Deliveries are to be made (statewide) to the location specified on the individual purchase order, which may include, but not limited to inside buildings, high-rise office buildings, and receiving docks.
B. Schedule
Bidder shall be given fourteen (14) business days after receipt of order (ARO) to deliver the ordered products. Exception: Cylinders with custom logos will be delivered within 90 days ARO. Since receiving hours will vary by facility, it will be the Contractor's responsibility to check with each facility for their specific delivery hours before delivery occurs.
If purchasing components only, delivery is at the discretion of the department and the contractor. This should be discussed at time of order placement.
Contractor is requested to make deliveries in Los Angeles County, Orange County, San Bernardino Metropolitan Area, and San Diego Metropolitan Area during off-peak hours. Off-peak hours are Monday through Friday, 10:00 AM to 4:00 PM.
C. Security Requirements
Deliveries may be made to locations inside secure institutional grounds (such as the California State Prisons) that require prior clearances to be made for delivery drivers. Since security clearance procedures for each facility may vary, it will be the Contractor's responsibility for contacting the secure location for security clearance procedures, hours of operation for deliveries and service, dress code, and other rules of delivery.
25. EMERGENCY/EXPEDITED ORDERS
Not applicable.
26. FREE ON BOARD (F.O.B.) DESTINATION
All prices are F.O.B. destination; freight prepaid by the contractor, to the ordering organization's receiving point. Responsibility and liability for loss or damage for all orders will remain with the contractor until final Contract 1-17-42-04
User Instructions
Item 1S - 54
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Mandatory Contract Number 1-17-42-04
Contract User Instructions, Supplement 8
inspection and acceptance, when all responsibility will pass to the ordering organization, except the responsibility for latent defects, fraud, and the warranty obligations.
27. PALLETS
Unless otherwise specified on the ordering agency's purchase order document, standard commercially available pallet sizes should be used. All pallets shall be of sturdy construction and adequate condition to assure delivery of the goods without damage to the goods or safety hazards.
Exchange pallets may be available; however, the State assumes no responsibility for the availability to exchange pallets. Delivery drivers shall not remove more pallets from the location than delivering at time of delivery.
28. SHIPPED ORDERS
All shipments shall be in accordance with the General Provisions, section 12 entitled "Packing and Shipment".
29. PACKING SLIP
Packing slip requirements shall be in accordance with the General Provisions, section 12 entitled "Packing and Shipment"
30. PACKING LABEL
A packing label will also be included with each order shipped and include the following items, visible on the outside of the box:
• Authorized Purchaser
• Address
• Department and floor
• Authorized Purchaser Contact Name
• Authorized Purchaser Telephone Number
31. HAZARDOUS MATERIALS DOCUMENTATION
For products that contain hazardous chemicals, as defined by California Code of Regulations, Title 8, Section 339, the Contractor must provide a Material Safety Data Sheet (MSDS), via facsimile or email, to the ordering agency upon written request.
32. INSTALLATION
Installation is not applicable to this contract.
33. INSPECTION AND ACCEPTANCE
Inspection and Acceptance must comply with General Provisions (rev 06/08/2010), Paragraph 17 entitled "Inspection, Acceptance and Rejection".
34. CONTRACT ADMINISTRATION
Both the State and the contractor have assigned contract administrators as the single points of contact for problem resolution and related contract issues.
Contract 1-17-42-04
User Instructions
Item 1S - 55
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Administrator
Information
Contact Name:
Telephone:
Facsimile:
Email:
Address:
35. RETURN POLICY
Mandalory Contract Number 1-17-42.()4
Contract User Instructions, Supplement 8
DGS/PD Allstar Fire Equipment, Inc.
(State Contract Administrator) (Contractor)
Rita Seale Alex Bunker
(916) 375-4804 (510) 887-6295 office
(510) 714-5604 cell
(916) 375-4613 (510) 887-6298
Rita.Sealet5)das.ca.aov alexbt5)allstarfire.com
DGS/Procurement Division Allstar Fire Equipment, Inc.
Attn: *Rita Seale* Attn: Alex Bunker
707 Third Street, 2nd Floor, MS 201 2552 Barrington Court West Sacramento, CA 95605 Hayward, CA 94545
Contractor will accept all products for return at no cost to the ordering agency within 30 calendar days of delivery, and refund the customer in full.
Note: Products returned should be in the packaging as delivered and include all documentation. Lost or damaged packaging materials and/or documentation shall be supplied by the Contractor. The Contractor shall not charge for these materials in excess of the Contractor's cost or the ten (10) percent Restocking Fee, whichever is lower. The Contractor shall provide the CA and/or ordering department(s) a copy of the Contractor's material cost, if requested, within ten (10) days of request.
All returns shall be picked up within seven (7) working days of notification. Notification is defined as notice in writing, by facsimile or e-mail.
36. CREDIT POLICY
The Contractor shall offer credit/refund for the following items:
• Items shipped in error
• Defective or freight-damaged items
In all cases, the ordering agency shall have the option of taking an exchange or receiving a credit, or receiving a refund.
The Contractor will be responsible for the credit or replacement of all products, including those covered by manufacturer warranties. Contractor cannot require the ordering agency to deal directly with the manufacturer.
37. RESTOCKING FEES
The Contractor will not impose a restocking fee on the ordering agency for the following situations:
• Items returned that were damaged upon receipt
• Incorrect items shipped
• Items that are returned, but exchanged for other items within 30 calendar days.
Re-stocking fees for all other reasons shall be no greater than ten percent (10%) of the value of the items needing re-stocking.
The packaging and documentation provisions of Article 35, Return Policy, shall apply to re-stocked items.
Contract 1-17-42-04
User Instructions
Item 1S - 56
Item 1S - 57
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
MandatDry Contract Number 1-17-42..()4
Contract User Instructions, Supplement 8
The Contractor will not be required to accept returns more than 60 days after delivery. The State will be responsible for return transportation costs to the Contractor if so accepted after 60 days after delivery.
38. INVOICING
Ordering agencies may require separate invoicing, as specified by each ordering organization. Invoices will contain the following information:
• Contractor's name, address and telephone number
• Leveraged Procurement Number (Contract Number)
• Agency Order Number (Purchase Order Number)
• Item and commodity code number
• Quantity purchased
• Contract price and extension
• State sales and/or use tax
• Prompt payment discounts/cash discounts, if applicable • Totals for each order
Invoices shall be submitted to the ordering agencies within seven (7) calendar days from date of delivery.
39. PAYMENT
A. Terms
Payment terms for this contract are net forty-five (45) days. Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than forty- five (45) days after the date of acceptance of goods, performance of services, or receipt of an undisputed invoice, whichever is later.
B. CAL-Card Use
Use of the CAL-Card for payment of invoices is not allowed under this statewide contract.
C. State Financial Marketplace
The State reserves the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS $Mart and/or Lease $Mart). If payment is via the financial marketplace, the Supplier will invoice the State and the State will approve the invoice and the selected Lender/Lessor for all product listed on the State's procurement document will pay the supplier on behalf of the State.
D. Payee Data Record
Each State accounting office must have a copy of the Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting office(s). Without the Std. 204, payment may be unnecessarily delayed. State departments should contact the Contractor for copies of the Payee Data Record.
40. CAL-CARD INVOICING
CAL-Card invoicing is not allowed under this statewide contract.
Contract 1-17-42-04
User Instructions
Item 1S - 58
Item 1S - 59
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Mandatory Contract Number 1-17-42�
Contract User Instructions, Supplement 8
41. CALIFORNIA SELLER'S PERMIT
The California seller permit number for the contractor is listed below. State departments can verify that permits are currently valid at the following website: www.cdtfa.ca.gov. State departments must adhere to the file documentation required identified in the State Contracting Manual Volume 2.
Contractor Name Seller Permit #
Allstar Fire Equipment, Inc. 17-806064
42. ACCESSIBILITY COMPLIANCE/ VOLUNTARY PRODUCT ACCESSIBILITY TEMPLATE (VPAT) There are no accessibility requirements associated with this contract.
43. WARRANTY
The 30-Day Acceptance Period is in addition to the Warranty and shall be covered under the same warranty for the 30 days.
Beyond the above mentioned required Acceptance Period, the Bidder must offer a Warranty of, at a minimum, 15 years (180 months).
44. QUALITY ASSURANCE GUARANTEES
The Contractor shall represent and warrant that SCBA products provided shall be free from defects in material and workmanship, given normal use and care, over the period of the manufacturer warranty. The terms of this contract will supersede any language to the contrary on purchase orders, invoices, or other sources.
Contractors must use new products, parts, and components for all new equipment purchased by the State.
Contractors may use parts that are equal in performance to new parts for warranty replacement repair parts only as long as it does not violate manufacturers' warranty.
45. EQUIPMENT REPLACEMENT DURING WARRANTY
If the product(s) provided fails to perform in accordance with technical specifications and functional descriptions contained or referenced in the awarded contract agreement and is subject to warranty response three (3) or more times during any ninety (90) day period, the Contractor(s) will upon the authorized purchaser's request, replace the product(s) at no cost. The replacement product(s) will be delivered no later than fifteen ( 15) working days after the authorized purchaser's request is received by the contractor.
Replacement goods cannot be used, refurbished or recycled, and must be of equal or greater value.
46. PRINCIPAL PERIOD OF MAINTENANCE
Principle Period of Maintenance is not applicable to this contract.
47. RECYCLED CONTENT
State departments are required to report purchases in many product categories. The Postconsumer-Content Certification Form (CIWMB 74) for the Contractor is attached (Attachment C).
48. SMALL BUSINESS/DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION There is no small business (SB) or disabled veteran business enterprise (DVBE) participation for this contract.
DVBE participation was waived.
Contract 1-17-42-04
User Instructions
Item 1S - 60
Item 1S - 61
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Mandatory Contract Number 1-17-42-04
Contract User Instructions, Supplement 8
49. BIDDER DECLARATION/COMMERCIALLY USEFUL FUNCTION (CUF) There is no small business (SB) or disabled veteran business enterprise (DVBE) participation for this contract.
50. TAKE BACK/TRADE IN
There is no take back or trade in provisions for this contract.
51. ELECTRONIC WASTE RECYCLING
There is no electronic waste associated with this contract.
52. ATTACHMENTS
Attachment A - Pricing Worksheet - Supplement 7
Attachment A 1 - Non-Core Catalog - *Supplement 9*
Attachment B - Specification 4240-3787, Dated 4/19/2017 (?pages) Attachment C - Postconsumer Content Certification Workbook Contract 1-17-42-04
User Instructions
Item 1S - 62
----------------------------------··
Item 1S - 63
Contract 1-17-42-04, SCBA Attachment A 1 Non-Core Catalog, Supplement 9 Contractor: Allstar Fire Equipment Inc. 6/11/2021
Note: Bold, italic, red indicates changes from previous supplement.
PIN DESCRIPTION UNIT PRICE
X3-PRO 4500 psi., snap-change cylinder
X8914025305303 connection, QD, Dual EBSS, PASS, $5,066.94 including mask, voice amp. 45 min. cvlinder, NFPA 2018
X3-PRO 5500 psi., CGA cylinder
X8815025305303 connection, QD, Dual EBSS, PASS, $5,328.56 including mask, voice amp. 45 min. cvlinder, NFPA 2018
X3-PRO 5500 psi., Snap-Change
X8915025305303 cylinder connection, QD, Dual EBSS, $5,328.56 PASS, including mask, voice amp. 45 min. cylinder, NFPA 2018
200129-01 Spare Cylinder, 4500 psi., Snap-Change $881.59 connection, 45 min. 200969-01 Spare Cylinder, 5500 psi., CGA $954.60 connection, 45 min. 200970-01 Spare Cylinder, 5500 psi., Snap-Change $954.60 connection, 45 min. 201096-01 change Rated Non-jettison able Escape
to 201096-21 Belt/Integrated Harness, per RFP point $0.00
3.3.3.4 specifications
Separate Item $539.62
200954-02 Rit-Pak Ill w/ mask and regulator, 4500 $2,866.85 psi 804721-01 30 min. Cvlinder for above, 4500 PSI $883.47
804723-01 60 min. Cylinder for above, 4500 PSI $1,254.67 200954-05 Rit-Pak Ill w/ mask and regulator, 5500 $2,932.86 psi 200930-01 30 min. 5500 psiCylinder for above $1,037.18
200972-01 60 min. 5500 psi Cylinder for above $1,349.65 200266-04 Pak-Tracker Locator $1,338.73
200433-01 12 voe Charger $492.00
201581-12 Scott Sight, Small Mask with built-in $1,572.66 thermal imager 201582-12 Scott Sight, Medium Mask with built-in $1,572.66 thermal imaQer 201583-12 Scott Sight, Large Mask with built-in $1,572.66 thermal imaQer 10009324 Soft SCBA Case $136.94
804497-01 Hard SCBA case $284.58
Item 1S - 64
SAR324060311001 Ska-Pak Plus supplied air respirator, $1,399.50 4500 psi, 15 min. cylinder, no mask 805826-01 Mobile Air Cart, 4-outlet $2,323.99
30010-100 Air-line hose, 100' $361.94
201277 Bluetooth lapel mic $656.70
805534-01 Fleece lined mask bag $21.52
201215-01 AV-3000 HT (S), KVLR $306.00
201215-02 AV-3000 HT (M}, KVLR $306.00
201215-03 AV-3000 HT (L), KVLR $306.00
201215-04 AV-3000 HT (S), KVLR w/ R BRKT $325.50
201215-05 AV-3000 HT (M), KVLR w/ R BRKT $325.50
201215-06 AV-3000 HT (L), KVLR w/ R BRKT $325.50
201215-07 AV-3000 HT (S), KVLR w/ L BRKT $344.25
201215-08 AV-3000 HT (M), KVLR w/ L BRKT $344.25
201215-09 AV-3000 HT (L}, KVLR w/ L BRKT $344.25
201215-21 Assy,AV3 HT W/4PT KEV,RED,S $306.00
201215-22 Assy,AV3 HT W/4PT KEV,RED,M $306.00
201215-23 Assy,AV3 HT W/4PT KEV,RED,L $306.00
201215-27 Assv,AV3 HT W/4PT KEV,RED,RT,S $306.00
201215-28 Assv,AV3 HT W/4PT KEV,RED,RT,M $306.00
201215-29 Assv,AV3 HT W/4PT KEV,RED,RT,L $306.00
201215-34 Assy,AV3 HT W/4PT KEV,RED,L T,S $306.00
201215-35 Assy,AV3 HT W/4PT KEV,RED,L T,M $306.00
201215-36 Assy,AV3 HT W/4PT KEV,RED,L T,L $306.00
31003407 SIZING DOT,SM,AV3, GREEN $1.73
31003408 SIZING DOT,MD,AV3, BLACK $1.73
31003409 SIZING DOT,LG,AV3, RED $1.73
201210-01 ASSY,COM BRKT,AV3 HT,SER KIT,R $26.25
201467-01 HEADNET ASSY,KVLR,SURESEAL 4PT $138.75
201467-02 HEADNET ASSY,KVLR,SURESEAL 4PT $138.75
201210-02 ASSY,COM BRKT,AV3 HT,SER KIT,L $41.25
200803-01 ASSEMBLY, HEADNET, KEVLAR, 5 PT $138.75
200802-02 FACE SEAL ASSEMBLY, SURESEAL, $154.50 MEDIUM
200802-01 FACE SEAL ASSEMBLY, SU RESEAL, $154.60 SMALL
200802-03 FACE SEAL ASSEMBLY, SU RESEAL, $154.60 LARGE
201134-01 FENESTRA, AV3000 HT, COATED, $117.00 DRILLED
201127-02 ASSY, NOSECUP W/ RED VALVES, $42.00 AV3000 HT, MED Item 1S - 65
201126-02 ASSY, NOSECUP W/ RED VALVES, $42.00 AV3000 HT, SM 201128-02 ASSY, NOSECUP W/ RED VALVES, $42.00 AV3000 HT, LG 31002791 BAND, COMM, AV3000 HT, LEFT $34.88
201311-01 DUCT, VOICEMITTER, RIGHT, AV3000 $25.05 HT (Service Kit) 201311-02 DUCT, VOICEMITTER, LEFT, AV3000 $24.38 HT (Service Kit) 804176-03 BAND ASSEMBLY, NECK (KEVLAR $19.20 21.25 inches lonQ) 804178-03 BAND ASSEMBLY, CAP (KEVLAR 19.75 $19.28 inches Iona) 31002810 BEZEL, LOWER, AV3000 HT $12.10
31002790 BAND, COMM, AV3000 HT, RIGHT $9.75
31002800 GRILL, AMP, AV3000 HT, LEFT $9.23
31002809 BEZEL, UPPER, AV3000 HT $8.03
31002639 ADAPTER, COMM, AV3000 HT $8.25
31002920 SCREW, PAN HEAD, 2-56 X 1/2", SS, $1.88 BLACK OXIDE 31002637 GRILL, AMP, AV3000 HT, RIGHT $5.63
31002636 GRILL, AV3000 HT $5.63
31002788 VALVE, INHALATION, RED $3.30
33361-020 6-32 x .75 STAINLESS SHCS $1.76
33324-021 SCREW, PAN HEAD, '1#4 X 1", SS $1.76
10012122 SIZING DISC, MEDIUM AV3000 HT, $1.50 BLACK
10012121 SIZING DISC, SMALL AV3000 HT, $1.50 GREEN
10012123 SIZING DISC, LARGE AV3000 HT, RED $1.50
10012126 LABEL, SIZING, FACEPIECE $0.53
31002319 LABEL, MASK, (SERIAL NUMBER) $2.48
31002868 WASHER, '1#4 FLAT, SS $0.38
33361-048 Screw, Cap, Socket Head (1/4-20x.50) $1.76
33481-307 Pin, Spring $1.76
201160-02 Assv, Sensor Module, X3, PT $1,590.75
201122-11 X3 Console Assy. SEMS, 4500 PSI 35% $1,327.50 Transfer 200077-50 Mask Mounted Regulator, HUD, OD, $1,397.25 NFPA 2013 201367-11 X3 Console Electronics Module Assy, $1,147.50 SEMS, 4500 201100-11 X3 Back-Pak Assembly, FFSR $738.28 w/Standard Harness 31002105 Housing, Reducer $745.88
Item 1S - 66
Item 1S - 67
201366-11 X3 Console Electronics Module Assy, $510.75 4500 201139-01 Shoulder Strap Assembly, Standard $521.19
201139-02 Shoulder Strap Assembly, w/Spring Clips $521.19 201138-01 HUD HOSE ASSEMBLY, LH, X3, CGA $435.29
201138-02 HUD HOSE ASSEMBLY, LH, X3, Snap- $435.29 Change 10009513 Quick Charge Coupling $442.94
201136-02 HUD HOSE ASSEMBLY, QD, X3, Snap- $419.99 Change 200450-03 HUD HOSE ASSEMBLY, QD, AIR-PAK $419.99
201136-01 HUD HOSE ASSEMBLY, QD, X3, CGA $419.99
200924-02 Inlet Assembly $450.60
200924-01 Inlet Assembly $450.60
200924-03 Inlet Assembly $450.60
201027-01 Manifold Assembly, Low Pressure $481.95
200449-02 HUD HOSE ASSEMBLY, LH, AIR-PAK $370.26
201089-01 Backframe Assembly w/o Harness $340.43
201137-01 Waist Pad Assembly, Standard $345.78
201137-02 Waist Pad Assembly, w/Spring Clips $346.55
200449-03 HUD HOSE ASSEMBLY, LH, X3, NxG $332.01
200922-01 Hose & Coupling, High Pressure $324.36
200922-02 Hose & Coupling, High Pressure $324.36
200449-01 HUD HOSE ASSEMBLY, QD $313.65 REGULATOR
201109-01 Manifold, Pluaaed $385.56
31000397 Pressure Transducer, O-ring Fitting $202.73
200083-01 DIAPHRAGM & VALVE ASSEMBLY $192.02
201119-01 X3 Gaugeline Assembly $166.77
201112-11 X3 Console Gauge Assy. 4.5 $153.77
31002085 Relief Valve 5500 PSI $143.82
201180-01 Assembly, Cylinder Retention $117.05
201149-01 Cable Assembly, Transducer $111.69
31002815 Swivel, High Pressure Hose $81.86
31002047 Piston $117.81
804110-13 COVER ASSEMBLY $126.23
31002077 Housing, Inlet, 2216 PSI $126.23
31002078 Housing, Inlet, 4500 PSI $126.23
31002079 Housing, Inlet, 5500 PSI $126.23
10005279 Nipple, Coupling - 4500 & 5500 PSI $51.26
31000975 Relief Valve 4500 PSI $74.59
Item 1S - 68
Item 1S - 69
10012488 Strap, Waist To Shoulder $64.49
800030-02 Couplinq Nut Assembly $53.68
200455-02 Assy, Battery PCB, Sensor Module $58.29
804426-01 Waist Belt Assembly, Female $57.53
802873-01 RESTRICTOR TUBE $15.53
804427-01 Waist Belt Assembly, Male $54.39
201182-01 Assembly, Strap, Cylinder Retention $54.39
10008734 BODY, VALVE & HOSE $38.02
31002044 Retainer, Seat $37.18
201043-01 Bracket assembly, QD $26.16
201044-01 Bracket Assembly, CGA $44.30
10005331 Nipple, Coupling - 2216 PSI $39.63
201056-01 Gauqe Block / Filter Assembly $49.73
802210-01 PISTON ASSEMBLY, DEMAND VALVE $53.63
31002681 Back Cover, Sensor Module, X3 $36.98
31002076 Ring, Pull $35.27
802295-01 Valve Assembly, Check $20.51
201181-01 Assembly, Handle, Cylinder Retention $30.98
10005303 Sleeve, Transfer Valve $27.16
10007896 Parker Super-O-Lube $30.60
10008880 Holder, Regulator $25.10
31002040 Hanger, Cylinder Valve $42.77
31002544 Cover, Shroud, X3 $27.16
31002571-02 X3 Console Housing, Front, SEMS $25.13
31002333 Seat, Auto Transfer $20.12
31002571-01 X3 Console Housing, Front $25.13
201564-01 Fast Attack RIT-Pak, Medium, 4500 psi $2,053.50 200870-01 Rit-Pak Cylinder, 4500 psi, 30 min $875.25
31002043 Retainer, High Pressure $24.71
31003385 Multi-use ladder strap $141.85
805753-01 Standard Prescription Lens Holder (Clips $45.67 on Nose Cup) 200372-52F 52mm Wire Frame Prescription Lens $104.85 Holder 200372-60F 60mm Wire Frame Prescription Lens $104.85 Holder 805622-01 Filter Adapter, Twin 7 42 (Quarter Turn) $42.56 Filters 7422-FT1 Fit Test Adapter for 7 42 Adapter $45.56
7422-BA1 Orqanic Vapor, Pair $12.38
7422-BB1 Orqanic Vapor/P100, pair $23.63
7422-CD1 Tear Gas/P100, pair $28.69
7422-FP1 P100 Filter, pair $10.69
7422-FP4 P100 Filter (Carton of 80 pair) $819.75
7422-FN5 Particulate N95 Stand Alone Filter (Case $150.00 of 50 pair) Item 1S - 70
Item 1S - 71
7422-GA1 Ammonia/Methylamine, pair $13.13
7422-GB1 Ammonia/Methylamine/P100, pair $24.56
7422-PD1 TEDA/P100, pair $37.13
7422-SC1 Multi-Purpose, pair $13.88
7422-SD1 Multi-Purpose/P100, pair $24.56
7422-WA1 Acid Gas, pair $12.38
7422-WB1 Acid Gas/P100, pair $24.56
7422-YC1 Organic Vapor/ Acid Gas, pair $13.13
7422-YD1 Organic Vapor/ Acid Gas/ P100, pair $24.56
7422-MA1 Mercury Vapor/Chlorine Gas, pair $24.56
7422-MB1 Mercury Vapor/Chlorine Gas/P100, pair $34.31
200423-02 Filter Adapter, CBRN for a Single 40mm $54.94 Threaded Filter 805628-01 Fit Test Adapter for 40mm Treaded $48.75 Adapter 805557-01 MPC Plus Cartridge, each $21.00
52683 P100 Cartridge, each $10.13
45123 Enforcement Cartridge, each $31.88
45135 CBRN Cap-1 Canister, each $48.00
9153-0130 OHO Fit Test Adater. Also Requires Scott $325.00 200423-02 Adapter LAMB-B Lined Facepiece Bag, Black w/Lime $27.00 Green Triple Trim LAMB-R Lined Facepiece Bag, Red w/Lime Green $27.00 Triple Trim DEC-PAK Replacement Air-Pak Identifier Decal, $1.25 each DEC-CYL Replacement Cylinder Identifier Decal, $5.00 each FG350-GC Fresh Gear Concentrated Cleaning $89.00 Solution Item 1S - 72
To:
Attn:
E-Mail:
Qty Unit Description Price Extension
67 Ea Scott - p/n X8815025305303 / Air-Pak X3 Pro (2018 Edition) - 5500 psi CGA Connection, Standard Harness, QD Regulator with Rectus Fitting, Dual Universal EBSS with Rectus Fitting, PASS with Pak- Tracker (Less Spare Harness and Fixed EZ-Scape Pro Belt - Cal Fire Spec Includes:
$5,328.56 $357,013.52
(67) Mask - AV-3000HT (S,M,L) face piece with Amp Bracket (67) Cylinder - CGA Carbon 5500 psi , 45-min,
(67) EPIC 3 - Voice Amplifier
48 Ea Scott - p/n 200969-01 / Carbon Fiber Cylinder, 5500 psig, CGA, 45 Minute with Valve * Cal Fire Price
$954.60 $45,820.80
24 Ea Scott - p/n 200077-60 / Mask Mounted Regulator, HUD, with QD Hose, NFPA 2018
$1,397.25 $33,534.00
5 Ea
Scott - p/n 200954-35 / RIT Pak III, 5500 psi, Carrying Bag, Shoulder Strap, Rectus E-Z-Flo Regulator, 6' EBSS Hose, 5' RIC Hose, C5 Facepiece
$3,361.75 $16,808.75
5 Ea Scott - p/n 200969-01 / Carbon Fiber Cylinder, 5500 psig, CGA, 45 Minute with Valve * To be used with RIT-PAK III* Cal Fire Price
$954.60 $4,773.00
Terms: Net 30
FOB: Destination (Free Shipping on complete order Only) Delivery: 4-6 Weeks ARO or Sooner
Subtotal $457,950.07
9.250% $42,360.38
Rene Reyes S & H $0.00
[email protected] Total $500,310.45
Per your request, we are pleased to quote on the following. [email protected]
Phone 626-652-0900 Fax 626-652-0920
November 30, 2021
Sales Quote
12328 Lower Azusa Road
Arcadia, California 91006
Palm Springs FD
Todd Fite Quote Valid till 12-31-21
Cal Fire Piggy Back - 5500 psig
Item 1S - 73
ftl[l[lf.Ji,JR
Fire Equipment Inc.
Quotation
Date
12/17/2021
Quotation #
4269
Bill To
City of Palm Springs
Finance Department
P.O. Box 2743
Palm Springs CA 92263-2743
Ship To
City of Palm Springs Fire Department
300 N. El Cielo
Palm Springs, CA 92262-6968
Terms
Net 30
Estimated Ship Date
3/5/2021
Rep
DV
Quote Reqested By/RFQ#
Total
Subtotal
Sales Tax (9.25%)
1340 S. Simpson Circle
Anaheim, CA 92806-5531
(714) 991-8800
www.compressedairspecialties.com
A/R contact: [email protected]
Federal Tax ID# 93-1177829
Item DescriptionQty U/M Price Amount
CFS5.5-2M Bauer 2 position fill station without regulated fill controls; Rated for 6,000 psi inlet, 5,500 psi fill pressure
1 ea 8,428.00 8,428.00T
Shipping - CFS Shipping - CFS Fill Station1 750.00 750.00 Labor Installation Labor12 hr 130.00 1,560.00
Quotation to upgrade current 4,500 psi Bauer fill station to 5,500 psi
$11,517.59
$10,738.00
$779.59
Item 1S - 74
CITY OF PALM SPRINGS, CA
CONFLICT OF INTEREST AND NON-DISCRIMINATION
CERTIFICATION
Conflict of Interest . Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor act ivity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non- discrimination in city contracting.
NAM
E OF CONTRACTOR/VENDOR: ________________________________________ NAME and TITLE of Authorized Representative:
(Print) _______________________________________________________________ Signature and Date of Authorized Representative:
(Sign) ____________________________________________ (Date) ________________ Allstar Fire Equipment
12/1/2021
Jill A. Hopper
Item 1S - 75
Who Must File?
CITY OF PALM SPRINGS
PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City's board or commissions.
Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City's Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an beneficial ownership interest of five percent (5%) or more.
When Must I File?
You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.
(Revised 09 13 18)
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)
Item 1S - 76
What Must I Disclose?
A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).
Note: (1) you must make these disclosures in relation to the applicant entity, and also in relation to any related entity that owns a pa,t of, or makes a profit based upon the business of the applicant entity. Disclosures may include parent, subsidiary or affiliated entities of the applicant entity; (2) if any entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed).
B. The names of persons owning a beneficial interest of five percent (5%) or more in your entity, Owners/investors who have such an interest hold either investment power or voting power, i.e., they can (i) sell or transfer their interest, or (i) vote their interest in management decisions.
NOTE: USE ADDITIONAL PAGES AS NECESSARY
What if I Have Questions?
If you have any questions about how to complete this form, please contact:
City Attorney, Edward Z. Kotkin (email: [email protected])
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
(Revised 09 13 18)
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)
Item 1S - 77
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 09 13 18)
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principle Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California? Yes No
5. Type of Entity
Corporation Limited Liability Company Partnership Trust Other (please specify)
6. Officers, Directors, Members, Mana gers, Trustees, Other Fiduciaries (please s pecify) Note: If any response is not a natural pers on, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _________________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
_______________________________
__________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
_______________________________
__________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
Allstar Fire Equipment
12328 Lower Azusa Road, Arcadia, CA 91006
same as above
California
Joseph A. Sposato
Gabe E. Sayegh
Jill A. Hopper
Item 1S - 78
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-
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✓
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✓
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✓
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-
✓
-
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE FORM APPLICANT DISCLOSURE FORM
(Revised 09 13.18)
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date Joseph A. Sposato
Gabe E. Sayegh
Jill A. Hopper
46%, Allstar Fire Equipment
36.5%, Allstar Fire Equipment
17.5%, Allstar Fire Equipment
Jill A. Hopper, Vice President
12/1/2021
Item 1S - 79
CITY COUNCIL STAFF REPORT
01/13/2022 1. T.
City Clerk -
SUBJECT
FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT
RECOMMENDATION:
Review and approve the First Amendment to City Manager Employment Agreement and authorize the Mayor to execute the same on behalf of the City.
Attachments
Item 1T
CITY COUNCIL STAFF REPORT
DAT
E: JANUARY 13, 2022 CONSENT CALENDAR
SUBJECT: FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT FROM: Jeffrey S. Ballinger, City Attorney
SUMMARY:
The c
urrent employment agreement between the City of Palm Springs and its City Manager provides that the City Manager’s Paid Time Off (PTO) is lost if not used at the end of each year. This proposed amendment would change this arrangement so that the City Manager’s accumulated leave and maximum accrual would be equal to that of members of the City’s Management Association.
RECOMMENDATION:
Rev
iew and approve the First Amendment to City Manager Employment Agreement and authorize the Mayor to execute the same on behalf of the City.
BACKGROUND:
The C
ity of Palm Springs entered into an employment agreement with its current City Manager, as of February 11, 2021, and the City Manager began working at the City on April 5, 2021.
The employment agreement provides that the City Manager will be entitled to seven (7) weeks of paid time off (PTO) per year. This amount is in in lieu of all sick leave, bereavement, family leave, vacation time, etc. The employment agreement also provides that the City Manager will not be able to cash out any accrued PTO at any time during the term of the agreement, or afterwards. In other words, the City Manager must use all of the paid time off or lose such time and its associated cash value every year. The City Manager is the only City employee with this “use it or lose it” provision. All other City employees are allowed to roll over and cash out accrued leave, subject to the terms of each unit’s MOU.
The pr
ofessional demands of the role of City Manager, especially when new to the organization, sometimes will not allow all seven (7) weeks of PTO to be used every year.
This results in the loss to the City Manager of the value of his bargained- for PTO. At the same time, the City has an interest in ensuring that a City Manager not “bank” an excessive amount of PTO.
Item 1T- 1
City Council Staff Report
January 13, 2022 -- Page 2
First Amendment to City Manager Agreement
In order to address these issues, in lieu of such “use it or lose it” language, the proposed amendment would provide the City Manager with the same maximum accrual and use of PTO as that of other management employees within the Palm Springs Management Association (MAPS) bargaining unit, as such accrual and use provisions may be provided for from time to time.
For reference purposes, members of the MAPS bargaining unit currently have a maximum accrual of 712 annual leave hours. This maximum accrual would apply to the City Manager, under the proposed amendment. In addition, under the proposed amendment, and based on the current MAPS MOU, the City Manager would be able to make an irrevocable election, by December 15 of each year, to cash out up to the maximum number of hours of PTO that he can accrue per year, which will be earned in the following calendar year at the City Manager’s base rate of pay. In the following year, the City Manager can receive cash for the annual leave that he irrevocably elected to cash out in either two (2) increments or one (1). In addition, the City Manager would have the option of converting accrued and vested annual leave to his deferred comp ensation account, as MAPS members are currently allowed to. Finally, upon separation from employment, the City Manager would be paid, at his then current salary rate, all unpaid accrued and vested annual leave.
Therefore, the City Attorney recommends that the City Council review and approve the accompanying amendment, in order to put the City Manager’s PTO accrual and use provisions on par with other management employees of the City. In order to enable the City Manager to realize the benefits of this amendment for the first year of the City Manager’s employment, it is recommended that the amended provisions of the employment agreement be effective as of December 1, 2021.
ENVIRONMENTAL DETERMINATION:
This amendment has no potential for having any effect on the environment. As such, it is exempt from the requirements of the California Environmental Quality Act (CEQA).
FISCAL IMPACT:
The fiscal impacts to the City at this time are unknown and would depend on how much PTO the City Manager is able to use each year or elects to cash out.
REVIEWED BY:
City Attorney: Jeffrey S. Ballinger
ATTACHMENTS:
1. First Amendment to City Manager Employment Agreement.
Item 1T- 2
55575.18110\34597051.1
1 CITY OF PALM SPRINGS
FIRST AMENDMENT TO
CITY MANAGER EMPLOYMENT AGREEMENT
This First Amendment to City Manager Employment Agreement (“Amendment ”) is entered into as of the _____ day of ___________________, 2022, between the City of Palm Springs (hereinafter referred to as the “City”) and Justin Clifton (hereinafter referred to as the “City Manager” or “Employee”).
RECITALS
WHEREAS, the City and City Manager have previously entered into that certain City Manager Employment Agreement, dated as of February 11, 2021 (the “Agreement”); and WHEREAS, it is the desire of the Parties to amend the Agreement to bring into alignment the City Manager’s paid time off accumulated leave/maximum accrual with those provided to other City executives.
NOW, THEREFORE, the Parties hereby mutually agree and promise as follows:
1. Amendment of Section 3.7 (Paid Time Off). Section 3.7 ( Paid Time Off ) of the Agreement is hereby amended to read as follow:
“In lieu of any other sick leave, bereavement, vacation leave, family illness leav e, or any other leave, City Manager shall be entitled to seven (7) weeks of paid time off (PTO), per year. Such PTO shall accrue as of January 1 of each year of employment. Except as set forth in the preceding sentences, the City Manager’s maximum accrual , annual cash -in, eligibility to use, and disposition upon separation shall be the same as that of provided to members of the Palm Springs Management Association (MAPS), as such provisions may be amended from time to time.”
2. Effective Date. This Amendment shall be effective as of December 1, 2021.
3. Remaining Terms. Except as specifically amended by this First Amendment, all other terms of the Agreement shall remain as set forth in the Agreement.
[SIGNATURES CONTAINED ON FOLLOWING PAGE]
Item 1T- 3
55575.18110\34597051.1
2 IN WITNESS WHEREOF, the parties have executed this First Amendment to City Manager Employment Agreement effective as of the date first written above.
EMPLOYEE/CITY MANAGER
Justin Clifton
Date: ___________________________
CITY OF PALM SPRINGS, a Charter City
and California municipal corporation
Lisa Middleton
Mayor
Date: ___________________________
ATTEST:
Anthony Mejia, MMC
City Clerk
APPROVED AS TO LEGAL FORM:
Jeffrey S. Ballinger
City Attorney
Item 1T- 4
CITY COUNCIL STAFF REPORT
01/13/2022 2. A.
City Clerk -
SUBJECT
AN APPLICATION BY JOSEPH MANTELLO AND PAUL MARLOW, OWNERS, FOR HISTORIC DESIGNATION OF “THE DONALD WEXLER RESIDENCE” LOCATED AT 1272 EAST VERBENA DRIVE (APN #507-253-009), CASE HSPB #139
RECOMMENDATION:
Open the Public Hearing and receive public testimony.1.
Close the public hearing and adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE DONALD WEXLER RESIDENCE” LOCATED AT 1272 VERBENA DRIVE, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE, HSPB #139, SUBJECT TO CONDITIONS (APN 507-253-009).”
2. Attachments
Item 2A
CITY COUNCIL STAFF REPORT
DATE: JANUARY 13, 2022 PUBLIC HEARING
SUBJECT: AN APPLICATION BY JOSEPH MANTELLO AND PAUL MARLOW, OWNERS, FOR HISTORIC DESIGNATION OF “THE DONALD WEXLER
RESIDENCE” LOCATED AT 1272 EAST VERBENA DRIVE (APN #507 - 253-009), CASE HSPB #139
FROM: Justin Clifton, City Manager
BY: Development Services Department
SUMMARY:
The owners are seeking historic designation of the Donald Wexler residence. The home was designed by master architect Donald Wexler and served as his family home from its construction in 1955 until the family sold it in 1983. If designated as a historic resource, the property would be subject to the regulations outlined in Section 8.05 of the Palm Springs Municipal Code.
RECOMMENDATION:
1. Open the public hearing and receive public testimony.
2. Close the public hearing and adopt Resolution No. ____, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE DONALD WEXLER RESIDENCE” LOCATED AT 1272 VERBENA DRIVE, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE, HSPB #139, SUBJECT TO CONDITIONS (APN 507-253-009).”
BACKGROUND AND SETTING:
The attached historic resources report dated August 5, 2021, prepared for the owners by Steven Keylon of the Palm Springs Preservation Foundation (“the report”), is the basis of the staff report.
Related Relevant City Actions by HSPB, Planning, Fire, Building, etc.
October 2021 Site inspection by members of the HSPB.
Ownership Status
December 2015 Purchase by the current owner.
Item 2A - 1
City Council Staff Report
January 13, 2022 – Page 2
Historic Designation – The Donald Wexler Residence
The dwelling at 1272 East Verbena Drive was designed in 1954 by master architect Donald Wexler as his family home. It is a noteworthy example of the early architectural work of Wexler reflecting the mid-twentieth century period of architectural development in Palm Springs. The period of significance for the site is identified as being from 19 54 to 1989 – the period during which the Wexler family resided in the home, which coincides with the historic context of Post-World War II development in Palm Springs.
ANALYSIS AND FINDINGS:
The board’s analysis of the application relative to the criteria for the designation of historic resources is detailed in the attached HSPB resolution and staff report dated November 2, 2021. The Board made findings in support of Class 1 (Landmark) designation based on the following criteria:
PSMC 8.05.070, (5,C,1,Part a). The site, structure, building or object exhibits exceptional historic significance and meets one or more of the criteria listed below:
(Criterion 2) The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history;
(Criterion 3) The resource reflects or exemplifies a particular period of national, state or local history;
(Criterion 4) The resource embodies the distinctive characteristics of a type, period or method of construction;
(Criterion 5) The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value;
The board also made findings pursuant to PSMC 8.05.070 (5,C,1,Part b), “ Historic Integrity”, that the Wexler Residence possesses sufficient historic integrity to qualify it as a Class 1 (Landmark) historic site.
CONCLUSION:
The HSPB found that the Donald Wexler residence meets the definition of a historic resource based on Criteria 2, 3, 4 and 5 of the Palm Springs Historic Preservation Ordinance and possesses sufficient historic integrity to qualify as a Class 1 ( Landmark) site. Their recommendation to the City Council reflects these findings, which are outlined in the attached draft City Council resolution.
Item 2A - 2
City Council Staff Report
January 13, 2022 – Page 3
Historic Designation – The Donald Wexler Residence
ENVIRONMENTAL ASSESSMENT:
The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.
NOTIFICATION:
Pursuant to Section 94.09.00 (Public Hearing) of the Palm Springs Zoning Code, written notice has been mailed to all property owners and residents within five hundred (500) feet of the subject property and notice was published in a newspaper of general circulation.
FISCAL IMPACT:
None.
REVIEWED BY:
Department Director: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:
A. Vicinity Map.
B. Draft Resolution.
C. Application, related background materials, photos.
D. HSPB staff report, minute excerpt and resolution.
Item 2A - 3
ATTACHMENT A
Item 2A - 4
Department of Planning Services
Vicinity Map
CITY OF PALM SPRINGS
HSPB #139
The Donald Wexler Residence
Item 2A - 5
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ATTACHMENT B
Item 2A - 6
RESOLUTION NO.:_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, DESIGNATING “THE DONALD WEXLER
RESIDENCE” L OCATED AT 1272 EAST VERBENA DRIVE, A
CLASS 1 HISTORIC SITE, (HSPB #139), APN# 507-253-009.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. WHEREAS, Chapter 8.05 of the Palm Springs Municipal Code allows for the designation of historic sites and districts; and
B. WHEREAS, Joseph Mantello and Paul Marlow, owner s, submitted an application to the City seeking historic site designation of the Donald Wexler Residence located at 1272 East Verbena Drivee; and
C. WHEREAS, in October 2021, members of the Historic Site Preservation Board (HSPB) and City staff conducted site inspections of the proposed historic resource; and
D. WHEREAS, on November 2, 2021, a noticed public hearing of the Palm Springs Historic Site Preservation Board to consider Case HSPB #13 9 was held in accordance with applicable law; and
E. WHEREAS, at the said hearing, t he HSPB carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report and all written and oral testimony and voted unanimously to recommend that the Council designate the Donald Wexler Residence a Class 1 (Landmark) historic resource; and
F. WHEREAS, on January 13, 2022, a noticed public hearing of the Palm Springs City Council to consider Case HSPB #139 was held in accordance with applicable law; and
G. WHEREAS, at the said hearing, the City Council carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to the staff report and all written and oral testimony.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES:
SECTION 1: FINDINGS – PART “A”, CRITERIA FOR HISTORIC RESOURCES.
Evaluation of the Application.
Pursuant to Municipal Code Section 8.05.070 (C,1,a), the HSPB shall evaluate the application and make findings in conformance with the following criteria:
Criteria for the Designation of Class 1 Historic Resources. A site, structure, building or object may be designated as a Class 1 historic resource, provided both of the following findings (“a” and “b”) are met:
a. The site, structure, building or object exhibits exceptional historic Item 2A - 7
Resolution No.____
January 13, 2022
significance and meets one or more of the criteria listed below:
The Wexler residence exhibits exceptional historic significance because of its association with architect Donald Wexler and is a noteworthy example of a custom -home design from the mid- twentieth century period using post-and-beam construction.
(Criterion 1) The resource is associated with events that have made a meaningful contribution to the nation, state or community;
The report does not list any events associated with the home that contributed to the nation, state or community. Thus it does not qualify under Criterion 1.
(Criterion 2) The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history;
The report notes on page 20 that the home is historically significant for its association with the life and career of Donald Wexler. Wexler’s fifty years of producing innovative modern architecture in the Coachella Valley helped define what is now known as “Desert Modern” or “The Palm Springs School of Architecture”. For these reasons, the site qualifies as a historic resource under Criterion 2.
(Criterion 3) The resource reflects or exemplifies a particular period of national, state or local history;
On page 20, the report explains that the Wexler Residence reflects the post-World War II period in terms of innovative design principles. It was a period when local developers, business owners and residents embraced the bold aesthetic of Modern architecture. Its post-and-beam structural system, expansive use of glass, walls that project out into the landscape, simple volumetric massing, and a low flat roofline with very thin edge fascia all are characteristic of the post -war period in Palm Springs architectural development. For these reasons, the City Council concurs that the site qualifies as a historic resource under Criterion 3.
(Criterion 4) The resource embodies the distinctive characteristics of a type, period or method of construction;
Although the report discusses the “theme of Modern architecture”, the home’s architectural “theme” was more aptly discussed under Criterion 3 (“Period”). Criterion 4 addresses distinctive characteristics of a type of construction, a period of construction or a method of construction, not architectural theme.
The report however provides substantial information about the home’s construction characteristics. It notes that the type of construction – namely wood post and beam using stock lumber sizes contributed to the home’s affordability, its open, flexible floor plan and accommodated the extensive use of floor to ceiling glass. As the report notes, post -and-beam construction was used by nearly all the modern architects working in the Coachella Valley in the post-World War II period. Wexler however expressed the simple post -and-beam structure in unique ways, using paired beams attached on either side of the 4 x 4 posts to minimize the Item 2A - 8
Resolution No.____
January 13, 2022
warping and splitting that often occurred with typical four -inch-thick wood beams. This detail, while functional, added a unique and pleasing visual detail to the home. The home also is unique in its method of construction because Wexler utilized a new plywood product introduced in 1954 by U.S. Plywood called “Texture-111”, or “T-111”. As noted on page 33, according to Wexler’s son Gary, Wexler liked to experiment with new materials in his designs. In terms of the T -111 product, Wexler “…used a lot of it…” on both outside and inside walls. Thus the Wexler residence embodies the distinctive characteristics of a type, period and method of construction and as such, staff concurs that the home qualifies as a historic site under Criterion 4.
(Criterion 5) The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value;
As noted on page 21 of the report, the Wexler residence presents the work of a master architect.
Wexler’s influence on local architects and architecture is still evident in the work of many contemporary architects and designers working in Palm Springs. The proportions, expressed structure, simplicity of details and materials, and livability of Wexler’s architecture continues to be celebrated both locally and beyond. The residence reflects an early example of his talent and artistic capabilities as an architect. Therefore, the City Council concurs that the Wexler residence qualifies as a historic site under Criterion 5 both as a notable example of the early work of Donald Wexler -- an architect who continues to influence other architects and also for its artistic value in emphasizing and celebrating the tenets of the Modern period in architecture.
(Criterion 6) The resource represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists; or
The report does not assert that the Wexler residence qualifies under Criterion 6.
(Criterion 7) The resource has yielded or may be likely to yield information important to national, state or local history or prehistory.
No information has been provided in the historic resources report on any pre-historic significance of the site.
SECTION 2: PART “B” ANALYSIS OF HISTORIC INTEGRITY.
Analysis of Integrity. (PSMC 8.05.070 (C,1,b). The site, structure, building or object retains one or more of the following aspects of integrity, as established in the Secretary of the Interior’s Standards: integrity of design, materials, workmanship, location, setting, feeling, or association.
Beginning on page 22 of the report is an evaluation of the site relative to the seven aspects or qualities of historic integrity, as recognized by the National Register of Historic Places. The seven aspects or qualities include location, design, setting, materials, workmanship, feeling, and Item 2A - 9
Resolution No.____
January 13, 2022
association. The report concludes that the site retains a high degree of integrity and is further analyzed below:
1. Location:
The Wexler residence remains in the same location that it was constructed, thus it retains integrity of location.
2. Design:
Wexler designed his family home to be flexible and able to be expanded as his family grew. As a young architect, economics played a factor in the modest “every -day” materials he chose for the design of his home. Although recent renovations have introduced more expensive materials such as terrazzo floors, the original design integrity remains intact. As noted on page 13 of the report, the original color of the home was medium warm grey with deep olive- green colored beams. The home is currently painted in a color palette that is similar to these original colors.
3. Setting:
The report analyzes the quality of Setting on page 24. As noted, the home’s setting as a modern single-family home in a neighborhood of other modest single-family homes remains.
4. Materials:
As noted on page 23 of the report, Wexler used common materials such as plywood, dimension lumber in an uncommon way to create a stylish and timeless home. Nearly all the exterior materials remain as originally designed. Although more lavish materials such as terrazzo floors replaced the original asphalt vinyl tiles as noted above, the home maintains a high degree of material integrity.
5. Workmanship:
As noted on page 24, “ The Wexler residence was designed and built using straightforward materials and modes of workmanship, typical of construction practices in mid- century Palm Springs. The home still exhibits those humble, honest principals…” and thus, retains integrity of workmanship.
6. Feeling:
The Wexler residence reflects the casual informal lifestyle of the post- war era in Palm Springs.
It has a comfortable “modernity” without feeling cold or impersonal.
7. Association:
The residence retains its association with its original owner, master architect Donald Wexler and with the mid-twentieth century modern period in Palm Springs.
Item 2A - 10
Resolution No.____
January 13, 2022
SECTION 3: DEFINING HISTORIC CHARACTERISTICS
In considering a recommendation for historic resource designation it is important to distinguish those physical elements that are original or from the period of significance that contribute to the resource’s historic significance from alterations, additions or features that were added at a later time that may be sympathetic to the original character, but which may create a false sense of historicity. Distinguishing original character -defining features from non- original elements aids the HSPB when it is tasked with evaluating future alterations to the historic resource.
On page 17 the report identifies the physical character -defining historic features of this site as follows:
• Flat-roofed one-story structure.
• Interior and exterior walls clad in T-111 plywood.
• The 1968 bedroom wing addition.
• Post and Beam construction integrated with unique pairs of beams. • Walls of glass; large, fixed panels, original sliding glass doors, frameless clerestory windows.
• Spun aluminum can lights on the exterior soffits and ceilings. • Vertical wood decorative treatment on the front door. • Open carport.
• Mature palms and Aleppo pines.
Non-contributing elements:
• Terrazzo floors.
• Block perimeter garden wall.
• Swimming pool and spa (original location, but not original pool0.. • Storage structure attached to carport.
• Vertical fluted glass adjacent to front door.
• Dual-glazed clear anodized replacement aluminum sliding doors and windows. • Photovoltaic panels.
• Driveway hardscape.
• Landscape (except trees as noted above.)
SECTION 4: ENVIRONMENTAL ASSESSMENT
The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to t he environment, directly or indirectly.
Item 2A - 11
Resolution No.____
January 13, 2022
Based upon the foregoing, the City Council hereby designates “The Donald Wexler residence” located at 1272 East Verbena Drive, a C lass 1 (Landmark) Historic Resource (Case HSPB #139).
ADOPTED THIS THIRTEENTH DAY OF JANUARY, 2022.
JUSTIN CLIFTON
CITY MANAGER
ATTEST:
ANTHONY J. MEJIA, MMC
CITY CLERK
Item 2A - 12
Resolution No.____
January 13, 2022
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA , 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:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
ANTHONY J. MEJIA, MMC
CITY CLERK
Item 2A - 13
ATTACHMENT C
Item 2A - 14
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
Tel: (760) 323-8245 Fax: (760) 322-8360 E-mail: [email protected] City of Palm Springs
Department of Planning Services
Memorandum
Date: September 14, 2021
To: The Historic Site Preservation Board (HSPB)
From: Ken Lyon, RA, Associate Planner / Historic Preservation Officer
Subject: Case HSPB #139 Historic Resource Application
The Donald Wexler Residence – 1272 E Verbena
The subject application for historic designation was recently received by the P lanning Department. A copy of the historic resources report dated August 5, 2021 was provided to HSPB members electronically on August 23, 2021.
Recommendation: Receive the report and direct staff to arrange site visits and to schedule a public hearing of the HSPB to consider the application.
Attachments:
(Historic Resource Report provided via e-mail.)
Item 2A - 15
Prepared by
Steven Keylon
For the
Palm Springs Preservation
Foundation
December 1, 2019
The Donald and
Marilynn Wexler
Residence, 1955
1272 East Verbena Drive
Palm Springs, CA 92262
Nomination Application For
City of Palm Springs
Class 1 Historic Resource
Prepared by
Steven Keylon
For the
Palm Springs Preservation
Foundation
FINAL August 5, 2021
Item 2A - 16
1 590ivrings, CA 92262
A C K N O W L E D G E M E N T S
The author would like to thank
the following individuals and organizations for
their professional expertise and/or editing assistance:
Gary Wexler; Sidney Williams; Lauren Weiss Bricker; Tracy Conrad; Barbara and Ron Marshall; Lance O’Donnell; Joe Mantello and Paul Marlow, Orange Coast Title Company of Southern California.
Special thanks to Ron Duby, copy editor.
Cover illustration: Photograph of the Wexler Residence taken for Los Angeles Times Home magazine, 1958.
Photo by Richard Fish.
Item 2A - 17
2 C L A S S 1 H I S T O R I C R E S O U R C E N O M I N A T I O N
TABLE of CONTENTS
INTRODUCTION: PAGE 3
EXECUTIVE SUMMARY: PAGE 3
CLASS 1 HISTORIC RESOURCE DESIGNATION APPLICATION FORM: PAGE 5 STATEMENT OF SIGNIFICANCE: PAGE 10
BACKGROUND/HISTORIC CONTEXT: PAGE 19
INTEGRITY ANALYSIS: PAGE 22
APPENDICES
I Owner’s Letter of Support: Page 26
II Assessor’s Map and Aerial: Page 27
III Chain of Title: Page 28
IV Building Permits: Page 29
V Supplemental Description: Page 31
VI Contemporary Images: Page 41
Item 2A - 18
3 I N T R O D U C T I O N
The Palm Springs Preservation Foundation (PSPF) is a non -profit organization whose mission is “to educate and promote public awareness of the importance of preserving the historical resources and architecture of the city of Palm Springs and the Coachella V alley area.” In March 2021, the PSPF board of directors assigned the task of writing the Donald and Marilynn Wexler Residence Class 1 Historic Resource nomination to Steven Keylon. The owner’s letter of support is Appendix One.
E X E C U T I V E S U M M A R Y
SIGNIFICANCE:
The Wexler Residence is a house architect Donald Wexler designed for himself and his wife Marilynn in 1954 and completed in 1955 . The Wexler Residence is an important example of a custom modernist structure , designed by a master architect for himself and his family, and exhibits numerous character -defining features that place it within the historical context of Palm Springs Modern period.
DESIGNATION CRITERIA:
Criteria for the Designation of a Class 1 Historic Resource: Pursuant to the Palm Springs Municipal Code (PSMC) Section 8.05.070(C,1): A site, structure, building, or object may be designated as a Class 1 historic resource or a Contributing Resource in a proposed historic district by the Palm Springs City Council, provided both of the following findings are met. Refer to the U .S. Department of the Interior National Register Bulletin “How to Apply the National Register Criteria for Evaluation” of potentially historic resources for further information.
The Wexler Residence has not previously been evaluated for Class 1 Historic Resource eligibility.
A summary of the evaluation contained in this nomination is as follows:
8.05.070 (C,1,a) paragraphs 2, 3, 4 & 5: The Wexler Residence is eligible under the theme of Modern architecture because it possesses numerous distinctive character istics that make up the modernist style, including lack of ornamentation, horizontality, expansive amounts of glass, use of natural materials, transparency, etc. As a residence artfully designed by architect Donald Wexler for h imself and his family , it rises to the level of work by a master architect with high artistic values. Although minor modifications occurred over time, many were done by Wexler himself, or with his help, and it maintains the vocabulary and overall design intent of the original design created by a Master Architect.
Item 2A - 19
4 Therefore, for its distinctive characteristics, as the work of a Master, and for its high artistic values, the Wexler Residence qualifies as a Class 1 Historic Resource under Criteria 2, 3, 4 & 5.
SUMMARY: This evaluation finds the Wexler Residence eligible for listing as a Palm Springs Historic Resource under 8.05.070 (C,1,a) paragraphs 3, 4 & 5 of the local ordinance’s seven criteria. Additionally, the Wexler Residence retains a high degree of architectural integrity (see Section 7, “Integrity Analysis”).
Item 2A - 20
5 Item 2A - 21
CITY OF PALM SPRINGS
Department of Planning Services
3200 East Tahquitz Canyon Way, Palm Springs, CA 92262
Phone 760 323 8245
Fax 760 322 8360
Historic Preservation Officer 760 322 8364 x8786
HISTORIC RESOURCE DESIGNATION (HRD)
WHEN To USE THIS AppucATION·
Use this application if you are seeking Class 1 or Class 2 historic designation for a property or parcel or for historic district applications.
Use the MINOR ARCHITECTURAL APPLICATION FORM (MAA) if you are seeking approval for alterations to Class 1, Class 2, Class 3 or Class 4 historic sites. (Contact the Planning Department if you are unsure of the classification of your property.)
WHO MAY APPLY:
Any individual or organization may apply to the City for consideration of a request for historic resource designation. Applications must be signed and notarized by the owner(s) of record of the site, structure, building or object for which the designation is sought.
PROCEDURE:
1. For proposed historic sites or resources: Refer to Palm Springs Municipal Code ("PSMC") Section 8.05.070 for Procedures and Criteria for the Designation of Class 1 and Class 2 Historic Resources. Visit: www.palmspringsca/gov/government/departments/planning/municipal code/ title 8/section 8.05 "Historic Preservation").
2. For proposed historic districts: Refer to Municipal Code Section 8.05.090 for Procedures and Criteria for Designation of Historic Districts. Visit: www.palmspringsca.gov/govemment/ departments/planning/municipal code/Title 8/section 8.05 "Historic Preservation.
3. Complete all parts of the application and include related reports, mailing labels and back up information in support of the application. Denote "NA" for any line item that is not applicable.
4. Once the application is complete, contact the Planning Department and schedule a pre application conference with the City's Historic Preservation Officer ("HPO").
5. Submit the completed application and related materials to the Department of Planning Services.
A Planning Department case number will be assigned to the application.
6. Applications for historic site I resource or historic district designation are evaluated by staff in the City Planning Department who will prepare the application for consideration by the City's Historic Site Preservation Board ("HSPB") at a noticed public hearing. Applicants should plan on attending the hearing. City staff will schedule site visits for members of the HSPB to become familiar with the site prior to the public hearing. (Exterior review only, interiors are not subject to HSPB review.)
7. At the public hearing, the HSPB will evaluate the application and make a recommendation for City Council action. The City Council will consider the application and the HSPB's recommendation at a second noticed public hearing. The applicant should again attend that hearing.
8. The final action of the City Council to designate will be recorded on the property title with the County Recorder's office.
FOR HISTORIC SIJE { RESOURCE AppucATIONs. SEE CHECKUST FOR CLASS l AND 2 FOR HISTORIC QISTRICT AppucATIONs SEE CHECKUST FOR HISTORIC PISTRICTS HISTORIC RESOURCE DESIG NATION APPLICATION (4-10-19) KL 1 of 1 6 Item 2A - 22
CITY OF PALM SPRINGS
De pa rtme nt of Pla nning Serv ices
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
Tel 760-323-8245 - FAX 760-322-8360
For Staff Use Only
Case Number: ________ _
In-Take Planner: _______ _
Date:
HISTORIC RESOURCE DESIGNATION
PLANNING/ ZONING GENERAL INFORMATION FORM
TO THE APPLICAN T: Complete all parts of this application. Denote "NA" for lines that are not applicable.
Proiect Information·
Applicant's Name: Palm S pring s Preserva tio n F ound ation Applicant's Address: 1775 East P alm Canyon Drive, S uite 11 0-1 95, Palm Springs , CA 9226 4 Site Address: 1272 East Verbena Drive
Phone#: (760) 837-7 117
A PN:507253009
Email: srk1 941 @gmail.com
Zone: ____ _ GP: ___ _ Section/Township/Range: __ 1_X __ 1_X __ Description of Project:
The Wexler Residence was designed by architect Donald Wexler for himself and his family in 1954, and it was completed in 1955.
Note: For Historic District applications: on a separate page provide a list of all sites/parcels within the propos ed historic district boundaries with the same information listed above.
Is the project located on the Agua Caliente Band of Cahuilla Indians Reservation?Yes/No: _________ _ (Refer to the Land Status Map under Tribal Resources on the Planning Department home page) Estimated liil Construction Date: 1955 - ala Actual (denote source, i.e. building permits) ------ Architect: D onald Wex ler
Original owner: Donald and Maril ynn Wex ler
Common/Historic Name of Property: The Wex ler R esidence -----------------------------0 th er historic associations: _N_/_A _____________________________ _ 7 Item 2A - 23
Attach to this application any information, photos, drawings , newspaper articles, reports, studies, or other materials to fully describe the characteristics or conditions that support this application for historic designation.
Architectural Style: Mid-Century Modern/Post-and-Beam
Refer to the Architectural Styles chapter of Citywide Historic Context Statement, under Historic Resources on the Planning Department Home Page: www.palmspringsca.gov.
8 Item 2A - 24
HISTORIC RESOURCE DESIGNATION APPLICATION (CONT.)
Criteria for the Designation of a Class 1 Historic Resource:
Pursuant to the Palm Springs Municipal Code (PSMC) Section 8.05.070(C, 1): A site, structure, building, or object may be designated as a Class 1 historic resource or a Contributing Resource in a proposed historic district by the Palm Springs City Council, provided both of the following findings are met. Refer to the US Department of the Interior National Register Bulletin "How to Apply the National Register Criteria for Evaluation" of potentially historic resources for further information.
Provide a written description of how the site qualifies as a historic resource per the following Findings. Please provide answers on a separate sheet or report.
FINDING 1: The site, structure, building or object exhibits exceptional historic significance and meets one or more of the criteria listed below:
a. The resource is associated with events that have made a meaningful contribution to the nation, state, or community. 1
b. The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history.
c. The resource reflects or exemplifies a particular period of national, state or local history. d. The resource embodies the distinctive characteristics of a type, period, or method of construction. e. The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possess high artistic value. f. The resource represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists.
FINDING 2: The site, structure, building or object retains one or more of the following aspects of integrity, as established in the Secretary of the Interior's Standards. Provide a written description for each element as listed: Design; Materials; Workmanship; Location; Setting; Feeling; and Association. 2 Criteria for the Designation of a Class 2 Historic Resource:
Pursuant to the Palm Springs Municipal Code (PSMC) Section 8.05.070(C, 1): A site, structure, building, or object may be designated as a Class 2 historic resource of a Contributing Resource in a proposed historic district by the Palm Springs City Council, provided the site , structure, building, or object exhibits significance and meets one or more of the criteria listed in Finding 1 above. A Class 2 historic resource is not required to meet the findings for integrity as described in Finding 2.
Criteria and Findings for Designation of Historic Districts:
In addition to the criteria listed in Finding 1, to be considered for designation as a Historic District, a defined area must:
a. Contain contributing resources on a majority of the sites within the proposed district which individually meet the criteria in Finding 1. The defined area may include other structures, buildings, or archaeological sites which contribute generally to the overall distinctive character of the area and are related historically or visually by plan or physical development. Provide a separate list by address and Assessor Parcel Number (APN) for each site/parcel that meets the criteria outlined in Finding 1. b. Identify non-contributing properties or vacant parcels to the extent necessary to establish appropriate, logical or convenient boundaries. Provide a separate list by address and APN number for each site/parcel within the proposed historic district that is considered non-contributing to the overall historic significance of the historic district.
1 NOTE: Unlike the National Trust criteria, the City's criterion does not consider "patterns of events". For consideration of "patterns of events", use Criterion "C", reflecting a particular period.
2 NOTE: Refer to the U.S. Department of the Interior Bulletin for "How to Evaluate the Integrity of a Property". 9 Item 2A - 25
CITY OF PALM SPRINGS
PLANNING DEPARTMENT APPLICATION
HISTORIC RESOURCE DESIGNATION
CLASS 1 AND CLASS 2
APPLICANT'S REQUIRED MATERIAL CHECKLIST
The following items must be submitted before a Historic Resource Designation application will be accepted. Please check off each item to assure completeness. Provide twelve (12) hard copies and one (1) PDF copy of the following materials unless otherwise noted:
Application Information:
• General Information form (1 copy)
• Notarized letter from property owner consenting to Historic Designation (1 copy) • Ownership and Address History ("Chain of Title") (1 copy) Historic Resource Report :
The following items shall be included in a historic resources report describing the site, structure, buildings, or objects eligible and appropriate for designation per PSMC 8.05.070.
• Photograph s of the exterior of the proposed site, structure, buildings or objects. • Aerial photo of the site /resource (from Google Maps or equal). • Information on the architect, designer, and/or developer. • Date and method of construction. Provide copies of building permits . • A detailed assessment of the character defining features describing materials, architectural details/style, landscape elements, or other relevant descriptors. • Evaluation of the site relative to the Criteria and Findings for Designation of Class 1 and Class 2 Historic Resources.
Additional Information:
• Site Plan: 8-1 2" x 11" or 11 " x 1 7"
• Public Hearing labels per PSZC Section 94.09.00 .
• Any other documentation or research as may be necessary to determine the qualifications of the site , structure , building, or objects .
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Applicants are encouraged to review the bulletin from the U.S. Department of the Interior titled "How to Apply the National Register Criteria for Evaluation". (National Register Bulletin 15 (http://www.ns.gov/history/nr/publications/bulletins/nrb15/)).
Revised 6/5/19 GM
10 Statement of Significance
Summary
The Donald and Marilynn Wexler Residence was designed by architect Donald Wexler in 1954 and completed in 1955. The custom residence is a prime example of the Mid-century Modern style and has added significance as the longtime home of one of Palm Springs’ most important architects.
Location
The Wexler Residence is located at 1272 Verbena Drive, Palm Springs, Calif ornia, 92262 . (Lot 12, Desert Sands, as shown by map on file in Book 18, Page 74 of Maps, Records of Riverside County, California.) . See Appendix 2.
The Architect
Born in South Dakota, architect Donald Allen Wexler (1926 -2015), FAIA grew up in Minneapolis. After graduation from high school, he served in the Navy during World War II, and upon discharge after the war, on the GI Bill, Wexler was educated at the University of Minnesota, getting his Bachelor of Architecture in 1950.
In Lauren Weiss Bricker’s essay on Donald Wexler in Shade and Steel: The Architecture of Donald Wexler , she observes that, “Wexler was a member of the first generation of American architects trained along modern lines. So thoroughly engrained in modernism were the Minnesota graduates that in 1943, Walter Gropius, founder of the Bauhaus and later head of the Graduate School of Design at Harvard University, observed that graduates of Minnesota’s program coming to study at Harvard were among ‘the best we have.’”1 Upon graduation he moved to Los Angeles where he worked as a draftsman for architect Richard Neutra, whose influence can be seen in Wexler’s work. Though Neutra rarely interacted with the younger members of his staff, it was this experience that profoundly shaped the young architect. According to architectural critic Esther McCoy, who also apprenticed with Neutra,
Neutra was the perfect teacher. In watching him work, we learned in a few weeks what would have taken years if we had been left to fumble our way to it. This is the only quick way to learn and, I believe, the only effective way to teach.2
In Patrick McGrew’s 2011 Palm Springs Preservation Foundation book Donald Wexler: Architect, he writes that Wexler never experienced the “sometimes demanding reputation for which Neutra was known,” and that Wexler “continues to hold his first mentor in high esteem.” Quoting Donald Wexler, “I admire him as I do Frank Lloyd Wright, Mies van der Rohe, and the other truly great contributors to our built environment.
Neutra would compliment our good work, and it was there that I learned what a genius is.”3 Wexler worked in Neutra’s office for nine months, primarily working on a public housing project, Elysian Park Heights, being created by Neutra and his partner Robert Alexander, in collaboration with landscape architect Garrett Eckbo. In apprenticeship with Richard Neutra, Wexler o bserved the general skills needed to run a private practice, which would serve him well in just a few years.
Item 2A - 26
11 With the idea that he might spend six months in Palm Springs, Wexler began working as a designer in the office of architect William F. Cody in September 1952. There, he met architect Richard A. Harrison, who was working there as a draftsman. Harrison had graduated with a degree in architecture from USC in 1951 and began working for Cody that July.
In February 1953, having completed the apprentice requirements, Wexler & Harrison formed a partnership , and opened their own office with their pooled resources —$250.4 Over the years Wexler & Harrison would design homes, residential subdivisions, schools, banks, and offices. One of their most important projects were the innovative Steel Development Houses, a proposed forty -home subdivision for the Alexanders.
Collaborating with Bernard Perlin of the Calcor Corporation , Wexler & Harrison had earlier developed a steel-panel system for Calcor which would allow for the rapid and inexpensive construction and expansion of schools. In 1958, based on that project’s success, U.S. Steel Corporation approached the group with a proposal to sponsor a project that would apply the steel syste m to residential housing. The project became known as the Steel Development Houses (or the U.S. Steel Homes) and was placed in the northern edge of Palm Springs, with the plan for a 38-house tract. Ultimately, only seven houses were built.
In 1961, Wexler & Harrison agreed to amicably dissolve their partnership, each opening individual offices.
As sole proprietorship, Donald A. Wexler, AIA, would go on to be known for pioneering the use of steel in residential design. Wexler’s designs for public buildings, including the dramatic Palm Springs Airport, served as both soaring and practical models for other municipalities to emulate. Other significant projects from the 1960s include the Union 76 Gas Station, the Palm Springs Medical Clinic , Canyon Country Clu b, and the Dinah Shore Residence. Later important projects include the Desert Water Agency, the Bank of Palm Springs, Hope Square Professional Building in Rancho Mirage, and the Larson Justice Center in Indio.
Both Richard Harrison and Donald Wexler are the recipients of stars on the Palm Springs Walk of Stars in recognition of their achievements in Architecture. These stars are only one of many honors and awards received for their extraordinary work within the architectural profession.
In 2011, the Palm Springs Art Museum organized the exhibition “Steel and Shade: The Architecture of Donald Wexler,” an overview of his career, which was accompanied by an exhibition catalogue, written by Sidney Williams and Lauren Weiss Bricker.
Many structures design ed by Wexler (or Wexler & Harrison) have been designated Class One Historic Resources, including the Steel Development Houses, The Kirk Douglas residence, and the Royal Hawaiian Estates. Steel Development House #2 has also been listed on the National Register of Historic Places.
Wexler became a Fellow of the American Institute of Architects (AIA) in March 2014.
Donald Wexler died June 25, 2015.
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12 The caption for this 1958 photo, which ran in the “Los Angeles Times Home” magazine: “Front exterior shows motor court with carport at right. Screen of textured wood to match the house has colorful panels; planting is hardy natives.”
The Wexler Residence, 1955
The Wexler Residence, designed in 1954 and completed in 1955, was created by architect Donald Wexler as his own private residence, and h imself and his wife raised three children in the house. The post -and-beam home was originally a two-bedroom, two-bathroom home with carport, but Wexler designed the home to be flexible, with a plan for later additions as his family grew. The house was built by Leonard Wolf, a locally recognized home builder/contractor and City Councilman.
As Patrick McGrew wrote in his book Donald Wexler: Architect , “Nothing defines an architect’s personal architectural philosophy more than the home he builds for himself and his family. Within the limitations of budget constraints, if the resulting house isn’t exactly what he had in mind, the architect can blame no one but himself.” 5
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13 The Architecture
Designed using the post-and-beam type of construction (here a post and double-beam, which would become a Wexler signature), the flat-roofed, L-shaped structure has a concrete slab foundation. The original 1954 design included a living room, den, kitchen with adjacent breakfast area, and carport. The design is primarily based upon an 8' grid (with one 7'-0" variation in the Primary Bedroom).
Because Wexler intended from the beginning to modify and enlarge the home over time, the post -and-beam construction allowed for non-bearing moveable interior partitions (walls), meaning all room configurations, minus the kitchen and bathrooms, were flexible.
Deep overhangs shielded the floor -to-ceiling glass, both fixed and sliding. Throughout the home, walls stop at the double-beams, and above these, fixed clerestory windows were placed between the beams, adding further transparency. Walls inside and out were clad in T1-11 plywood, a new material, which further emphasized the indoor/outdoor relationship. T1-111, which had just been introduced by U.S. Plywood , is a rough -textured plywood with incised vertical lines. Wexler, who would continue to be open and interested to new and innovative materials, used the new material extensively, after being encouraged to do so by a representative from U.S. Plywood. Though the plywood was initially inexpensive, Wexler learned the hard way that in the harsh desert climate, plywood would need to be painted every several years, and it was prone to warping and buckling. Originally, the house was painted throughout a medium war m gray, with very deep olive-green beams.
Influenced by his time with Richard Neutra, one interior plywood -covered wall seemingly projects through a panel of glass out into the landscape. A device utilized by many modernist architects, including Albert Fr ey, it succeeded in the creation and definition of outdoor spaces, joining the house with the site. Wexler’s elegantly simple composition of intersecting planes —plywood or glass—shaded by deep overhangs, reflects the lessons he had learned during his time in Neutra’s office.
On top of Wexler’s double beams, ceilings were 2 x 6 tongue -in groove, which allows for the post -and-beam houses of the period to exhibit their elegantly slender fascia profile. Originally Tropicool (built -up tar and white gravel), the roof is now sprayed urethane foam.
At the front of the house, a decorative geometric privacy screen was constructed of the plain plywood with a pattern of rectangular T1 -111 panels floating in front. Those T1 -111 panels were painted mustard, to harmonize with the warm gray and deep olive paint palette.
Floors were square asphalt tile.
Item 2A - 29
14 The living room, 1958. Photo courtesy Gary Wexler.
The dining area, 1958. Photo courtesy Gary Wexler.
Item 2A - 30
15 The primary bedroom in 1958. Photo courtesy Gary Wexler.
The caption from the 1958 article in the “Los Angeles Times Home” magazine said “Lynn wanted [a] kitchen that would save time and steps, like the one beyond the pass-through at left. Christine Rains did the tile mural.”
Item 2A - 31
16 The floor plan as designed, 1954. Note the entry opens onto a large den, with adjacent living room.
Character-Defining Features of the Wexler Residence
A period of significance has been established for the Wexler Residence: 1954-1989, the period in which Donald Wexler and his family lived in the house. During those thirty-five years, Wexler made several changes as the family’s needs changed.
After the house was sold, a few more changes took place during its restoration in 2007-2008. Though outside the period of significance, those changes were sympathetic with the home’s original design, and the work was done by architect Lance O’Donnell , in collaboration with Donald Wexler himself. Those changes will be identified as non-contributing, but do not negatively impact the historic character of the home.
The Wexler Residence is an exceptional example of a custom-designed Mid-century Modern house. It exhibits numerous extant character-defining features including:
Item 2A - 32
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l ------'........... I
I LIVING I BEDR. ....-..M. BEDR. I
I _......,....... I NT.
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CARPORT I
17 • Flat-roofed one-story structure.
• Walls, interior and exterior, clad in T1-11 plywood siding. • Post-and-beam construction (single post and double-beam, a Wexler signature). • Walls of glass; large, fixed panels, sliding steel-framed glass doors; frameless clerestory windows. • Flexible interior spaces.
• Kitchen open to dining area.
• Spun metal can lights on the underhangs and ceilings. • Vertical wood decorative treatment on the front door. • Open carport.
• Swimming pool and detached spa.
• Mature palm and Aleppo pine trees.
• Granite boulders and desert landscaping.
Non-Contributing Elements
• Terrazzo floors.
• Block wall on perimeter.
• Storage structure attached to carport.
• Vertical fluted obscure glass panels adjacent to front door (To the left of the door, glass panel was originally clear, with curtains hung for privacy. To the right of the door, the large panel was divided into three sections. The lower rectangular panel w as obscure glass. Above was an operable single light steel casement window on the right, with fixed panel to the left. Both top windows were clear glass.
This type of window configuration was used by Wexler and other designers of this period).
Bibliography
Attached is a list of books, articles, and other sources cited or used in preparing this application and other documentation that may be relevant.
Books
National Register Bulletin 15, How to Apply the National Register Criteria for Evaluation . U.S. Department of the Interior, National Park Service. Washington, D.C.
Other Sources Consulted
• Historic Resources Group. City of Palm Springs Citywide Historic Context Statement & Survey Findings. Pasadena, 2015 (Final Draft, December 2018).
• Architectural Resources Group. City of Palm Springs Historic Resources Survey. San Francisco, 2004. • Historic Site Preservation Board. Inventory of Historic Structures. Palm Springs, 2001. • www.newspapers.com (Desert Sun and Los Angeles Times).
Item 2A - 33
18 • City of Palm Springs (Planning and Building Departments). • Ancestry.com.
• Palm Springs Historical Society.
• Riverside County Assessor’s Office.
Item 2A - 34
19 BACKGROUND / HISTORIC CONTEXT
The relatively short history of Palm Springs can be organized into several distinct periods, as defined by the Historic Resources Group’s Citywide Historic Context Statement & Survey Findings. These include the following:
• Native American Settlement to 1969
• Early Development (1884-1918)
• Palm Springs between the Wars (1919-1941)
• Palm Springs During World War II (1939-1945)
• Post-World War II Palm Springs (1945-1969)
It is within the context of the period “ Post-World War II Palm Springs ” that the Wexler Residence will be evaluated. The following context statement is edited from Historic Resource Group’s Citywide Historic Context Statement & Survey Findings: Post-World War II Palm Springs (1945-1969):
This context explores the post-World War II boom and related development that left Palm Springs with what many consider the most extensive and finest concentration of mid -20th century Modern architecture in the United States. Hollywood film stars and Eastern industrialists were joined in the postwar decades by ever- increasing numbers of tourists. The growing prosperity of the postwar years and the rise of the car culture created a leisured, mobile middle class that sought, in Palm Springs, the “good life” that had previously been available only to the wealthy . This surge of visitors and seasonal residents —by 1951 the city’s winter population swelled to almost 30,000 from a permanent population of 7,660 —coincided with the peak of Modernism’s popularity.
The population growth accelerated in the 1950s, bringing a demand for civic necessities such as schools, libraries, museums, a city hall and police headquarters, offices, stores, and housing. Palm Springs' growth as a tourist destination brought a demand for inns, resorts, and tourist attractions.
Tourism also introduced a demand for affordable second homes for a growing middle class; the construction and financing methods for building such mass-produced housing tracts were already developing in suburban areas of larger cities, including nearby Los Angeles, and f ound a ready market in Palm Springs. Though Palm Springs was a smaller municipality, this economic climate provided many opportunities for locally based architects, as well as several Los Angeles architects, to explore and develop a wide range of architectural types and ideas, sometimes influenced by sophisticated global design trends. These conditions and the architects' talents lead to the development of an exceptional group of Modern buildings which later came to be identified as “Palm Springs Modernism” or “The Palm Springs School.”
The desert climate and casual lifestyle all but demanded unconventional design, and clients were more accepting of, even sought out, a more adventurous style in the resort atmosphere of Palm Springs than they would have in their primary residences. In the two decades after the war, Palm Springs was transformed with new commercial and institutional buildings, custom homes, and a large number of housing tracts.
Item 2A - 35
20 EVALUATION:
CRITERION 2 – Significant Persons - The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history : The Wexler Residence was designed by architect Donald Wexler, FAIA, as the primary residence for he and his family, at the beginning of what would be a long career of architecture in the Coachella Valley —and beyond. Upon his death, the New York Times wrote that Donald Wexler was the “a rchitect who gave shape to Palm Springs, ” continuing that his “innovative steel houses and soaring glass -fronted terminal at the Palm Springs International Airport helped make Palm Springs a showcase for midcentury modernism .” Wexler’s fifty years as an architect helped define what is now known as the Palm Springs Sch ool of Architecture, leaving a indelible imprint on the entire Coachella Valley.
While his work was published nationally at the time (particularly for his innovations using steel) , in recent years Donald Wexler has attained a heightened national recognition and significance. He was the focus of a 2009 documentary “Journeyman Architect” followed by an exhibition at the Palm Springs Art Museum in 2011. That same year “Steel and Shade: The Architecture of Donald Wexler,” by Lauren Weiss Bricker and Sidney Williams, was published by the Museum. In 2012, Steel House Number 2 (by Wexler & Harrison) was placed on the National Register of Historic Places, and in 2019, the Wexler Residence was added to the National Register , in a nomination prepared by Peter Moruzz i. In Palm Springs, there have been multiple Wexler-designed structures that are now Class One Historic Resources. The residence qualifies for listing as a Class 1 Historic Resource on the local registry under Criterion 2.
ARCHITECTURE (Criteria 3 – 6)
CRITERION 3 - The resource reflects or exemplifies a particular period of national, state or local history: The Wexler Residence, completed in 195 5, exhibits many stylistic markers which place it directly in the historic context of Palm Springs’ “Post -World War II Palm Springs” period. The custom -designed private residence represents a prime example of significant Post -war architecture for which Palm Springs is internationally known. Some examples include the post -and-beam architect ure, the long, low , hori zontal feeling, open floor plan and open carport, and landscape using native plant materials, which root it to its site.
The interior walls which project out into the landscape was another distinctive feature and was a device Wexler presumably picked up while working for Richard Neutra, who began using this detail beginning in the 1920s, as a device to blur the distinction b etween indoors and outdoors. Walls of glass, whether fixed or sliding, and frameless clerestory windows, contributed to the overall successful indoor/outdoor relationship.
As such, the residence may be viewed as an important component of the historic trends that have come to define Palm Springs’ image as a center of important Modern architecture, i.e., an historic trend that exemplifies a p articular period of the national, state or local history. The residence qualifies for listing as a Class 1 Historic Resource on the local registry under Criterion 3.
Item 2A - 36
21 CRITERION 4 - The resource embodies the distinctive characteristics of a type, period or method of construction: The Wexler Residence is eligible under the theme of Modern architecture because it possesses distinctive characteristics that embody the Mid-century Modern Style such as expression of structure, use of organic materials, and use of innovative materials . Wexler experimented here with T1 -111, which was a new building material. Always eager to try new and innovative materials, he would later learn that wood was not the best material for the desert. The house is post -and-beam construction, but here Wexler experiments by utilizing a single post with double beams. While it adds a somewhat decorative interest, Wexler’s reason was that he believed it would minimize the warping of the beams in the harsh desert climate. Post -and-beam construction also facilitated the open floorplan Wexler wanted, which also would facilitate interior changes and reconfiguration of rooms, as his family grew. Though the post-and-beam method of construction is one of the oldest modes of architecture, it enjoyed a resurgence after it popularized in the Arts & Architecture Magazine’s Case Study Houses after World War II . It was used by nearly all the mode rn architects and architectural designers wo rking in the Coachella Valley in the p ostwar period. The post -and-beam style became a sym bol of forward-thinking modernist architecture in the desert communities and has become an iconic and instantly recognizable represe ntation of the Palm Springs Sch ool of A rchitecture from the period.
Additionally, the Wexler Residence is eligible under this criterion because it represents an important example of building practices in Palm Springs at Mid-century. The Wexler Residence qualifies for listing as a Class 1 Historic Resource on the local registry under Criterion 4.
Criterion 5: That (a): represents the work of a master builder, designer, artist, or architect whose individual genius influenced his age; or (b): that possesses high artistic value.
5a: Work of a Master: A master is a figure of g enerally recognized greatness in a field, a known craftsman of consummate skill. The property must express a particular phase in the development of the master's career, an aspect of his work, or a particular idea or theme in his craft. A property is not el igible as the work of a master, however, simply because it was designed by a prominent architect. For example, not every building designed by Frank Lloyd Wright is eligible under this portion of Criterion 5, although it might meet other Criteria.
The Wexler Residence exemplifies Donald Wexler’s early residential work —as well as being his own long - time residence. Many design elements that would become signatures of the period are present—flat-roofed, post-and-beam construction (here, the post and double -beam), simple materials, an open and flexible floor plan, the use of large glass areas for transparency and to maximize the indoor -outdoor relationship, lack of ornamentation, and simple geometry are displayed here. With its projecting planes helping to create and define outdoor spaces, those outdoor spaces contribute as much to the design as indoor spaces. Thin projecting overhangs shade the expansive walls of glass . All these combined are evidence of the architect’s guiding principles, and are elements that Wexler retained throughout the years , contributing to his timeless designs. Wexler’s impressive talent still inspires architects working today, most notably Lance O’Donnell, who Item 2A - 37
22 worked closely with Wexler on several projects, and his contributions to the Palm Sp rings School of Architecture will continue to inspire young architects of the future. 5b: Properties possessing high artistic values: High artistic values may be expressed in many ways, including areas as diverse as community design or planning, engineering, and sculpture.
The design of the Wexler Residence shows that even at this very early stage in his career, Wexler possessed a mastery of the modernist design principles that he would carry throughout his long career. Using the simplest and most humble of materials, Wexler utilized post-and-beam architecture to create a family home with flexible interior spaces capable of expansion over time, with planes projecting out into the landscape to define outdoor spaces and link the architecture with the landscape. This convergence of the interior and exterior spaces was a hallmark of the Mid-century Modern period. Extensive use of glass, both fixed and sliding/opening, protected from the harsh sun by deep overhangs, provides shelter from the harsh de sert climate, and allowed for cross -ventilation, making the home a practical and happy refuge for the architect and his family for a generation.
As the work of a Master, and for its high artistic values, the Wexler Residence qualifies for listing as a Clas s 1 Historic Resource on the local registry under Criterion 5.
Criterion 6: That represents a significant and distinguishable entity whose components may lack individual distinction. This Criterion was created to address the resources contained within a potential historic district and as such it does not apply to this nomination. Hence, the residence does not qualify under Criterion 6.
ARCHEOLOGY
Criterion 7: That has yielded or may be likely to yield information important to the national, state or local history or prehistory. The Wexler Residence is not likely to yield information important to the national, state or local history or prehistory. Hence, the residence does not qualify under Criterion 7.
SUMMARY: This evaluation finds The Wexler Residence eligible for listing as a Palm Springs Historic Resource under
8.05.070 (C,1,a) paragraphs 2, 3, 4, and 5 of the local ordinance’s seven criteria.
Integrity Analysis (using U.S. Secretary of Interior Standards)
INTEGRITY
Integrity is the ability of a proper ty to convey its significance. To be listed in the local registry, a property must not only be shown to be significant under the criteria, but it also must have inte grity. The evaluation of Item 2A - 38
23 integrity is sometimes a subjective judgment, but it must always be grounded in an understanding of a property's physical features and how they relate to its significance. Historic properties either retain in tegrity (that is, conv ey their sig nificance) or they do not. The definition of integrity includes seven aspects or qualities. To retain historic integrity a proper ty will always possess several, and usually most, of the aspects.
The retention of specific aspects of in tegrity is paramount for a property to convey its significance.
Determining which of these aspects are most impor tant to a particular property requires knowing why, where, and when the property is significant. The follow ing sections define the seven aspects a nd explain how they combine to produce integrity.
DESIGN
Design is the combination of elements that create the form, plan, space, structure, and style of a property. It results from conscious decisions made during the original conception and planning of a property and applies to activities as diverse as community planning, engineering, architecture, and landscape architecture. Design includes such elements as organization of space, proportion, scale, technology, ornamentation, and materials.
A property’s design reflects historic functions and technologies as well as aesthetics. It includes such considerations as the structural system; massing; arrangement of spaces; pattern of fenestration; textures and colors of surface materials; type, amount , and style of ornamental detailing . The Wexler Residence’s essential characteristics of form, plan, space, structures, configuration, and style have survived largely intact. Similarly, the structural system; massing; arrangement of spaces; pattern of fenestration; and the type, amount, and style of detailing have survived primarily intact. The T1-11 plywood siding, used inside and out, is in exceptionally good condition. Though changes have occurred to the interior since construction, the changes were made following the concept that the home was designed for flexible interior spaces, as dictated by the needs of the occupants . The changes were designed in collaboration with Donald Wexler.
MATERIALS
Materials are the physical elements that were combined or deposited during a period and in a particular pattern or configuration to form a historic property. The choice and combination of materials reveals the preferences of those who created the property and indicate the availability of types of materials and technologies. The Wexler Residence’s materials successfully represent the best of Mid-century Modern design, creating very stylish structures using the simplest materials: modest products such as plywood, steel, wood, and glass.
WORKMANSHIP
Workmanship is the physical evidence of the crafts of a culture or people during any given period in history or prehistory. It is the evidence of artisans’ labor and skill in constructing or altering a building, structure, object, or site. Workmanship can apply to the property as a whole or to its individual components. It can be expressed in vernacular methods of construction and plain finishes or in highly sophisticated configurations and ornamental detailing. It can be based on common traditions or innov ative period techniques.
Workmanship is important because it can furnish evidence of the technology of a craft, illustrate the aesthetic Item 2A - 39
24 principles of a historic or prehistoric period, and reveal individual, local, regional, or national applications of both technological practices and aesthetic principles. Examples of workmanship in historic buildings include tooling, carving, painting, graining, turning, and joinery . The Wexler Residence was designed and built using straightforward materials and modes of w orkmanship, typical of construction practices in mid- century Palm Springs. The home still exhibits those humble, honest principles, and has not been updated with inappropriate ornamental detailing.
LOCATION
Location is the place where a historic property was constructed or the place where a historic event occurred.
The relationship between the property and its location is often important to understand why the property was created or why something happened. The actual location of a historic property, complemented by its setting, is particularly important in recapturing the sense of historic events and persons. Except in rare cases, the relationship between a property and its historic associations is destroye d if the property is moved. The Wexler Residence remains in its original location and therefore qualifies under this aspect.
SETTING
Setting is the physical environment of a historic property. Whereas location refers to the specific place where a property was built or an event occurred, setting refers to the character of the place in which the property played its historical role. It inv olves how, not just where, the property is situated and its relationship to surrounding features and open space. Setting often reflects the basic physical conditions under which a property was built and the functions it was intended to serve. In addition, the way in which a property is positioned in its environment can reflect the designer’s concept of nature and aesthetic preferences. The Wexler Residence was designed to conform to the existing character of the neighborhood, with a one-story, horizontal modern post -and-beam single family home. Though some of the smaller -scale plant material has changed, new planting is consistent with the drought -tolerant design of the original and doesn’t negatively impact the setting. Therefore, the setting of the Wexler Residence continues to reflect Wexler’s original as-designed relationship of site and structure.
FEELING
Feeling is a property’s expression of the aesthetic or historic sense of a particular period. It results from the presence of physical features that, taken together, convey the property’s historic character. For example, a rural historic district retaining original design, materials, workmanship, and setting will relate the feeling of agricultural life in the 19th century. The Wexler Residence is sited in such a way as to take advantage of panoramic mountain views. The custom -designed post-and-beam home con veys the feeling of the Mid-century Modern period for which Palm Springs is internationally known. The Wexler Residence still conveys architect Donald Wexler’s stylishly informal and contemporary design, which still blends well into this neighborhood. Accordingly, the residence retains its original integrity of feeling.
Item 2A - 40
25 ASSOCIATION
Association is the direct link between an important historic event or person and a historic property. A property retains association if it is the place where the event or activity occurred and is sufficiently intact to convey that relationship to an observ er. Like feeling, association requires the presence of physical features that convey a property’s historic character. For example, a Revolutionary War battlefield whose natural and man-made elements have remained intact since the 18th century will retain i ts quality of association with the battle. Because feeling and association depend on individual perceptions, their retention alone is never sufficient to support eligibility of a property for the National Register . The Wexler Residence is a fine example of a custom -designed home by architect Donald Wexler in the post-and-beam style - here the single post and double -beam, a design element Wexler often used in his later designs.
Architectural signatures of the Mid-century Modern period such as flat roof , deep overhangs , interior walls that project out into the landscape, and large expanses of glass, allows one to recognize the home as a product of the Mid-century Modern movement of architecture for which Palm Springs is internationally recognized.
INTEGRITY SUMMARY : This integrity analysis confirms that the site and structures of the Wexler Residence still possesses seven aspects of integrity. Though some modifications have been made on the interior of the home , the changes were designed using sympathetic materials , and in collaboration with Donald Wexler . Changes to the exterior, such as the enlargement of a picture window, were done sensitively and approved by Donald Wexler. In summary, the residence , which was the architect’s own, still possesses a degree of integrity sufficient to qualify for designation as a Class 1 Historic Resource.
Item 2A - 41
26 A P P E N D I C E S
I Owner’s Letter of Support
Item 2A - 42
March 20, 2021
City of Palm Springs
Historic Site Preservation Board
3200 Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Honorable Preservation Board,
As the current owners and stewards of The Wexler Residence, designed and built by Donald Wexler at 1272 East Verbena Drive, we are thrilled to support the Class 1 Historic Site desig nation of our property by the City of Palm Springs. We engaged the Palm Springs Preservation Foundation, primarily Vice President Steve Keylon , to advise and assist us with the preparatio n of all required nomination paperwork and are grateful for all their work on our behalf.
Please contact us with any questions or concerns at+ 1.917.561.0186.
Sincerely,
~
Joseph Mantello
Paul Marlow
27 II Assessor’s Map and Aerial
LOT 12 MB 018/074 DESERT SANDS
Item 2A - 43
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28 III Chain of Title
Primary sources show the chain of ownership for the Wexler Residence (Lot 12, Desert Sands , as shown by map on file in Book 18, page 74 of Maps, Records of Riverside County ) as follows (NOTE: Chain of title begins in 1989, early records describing the 1953 sale of the land to Donald Wexler were not available):
08-01-89 Estate of Marilynn Wexler to Donald A. Wexler. 08-31-89 Donald A. Wexler to Donald A. Wexler, as Trustee of Trust B un der the Wexler Family Trust, established October 21, 1981.
03-02-93 Donald A. Wexler, Trustee of Trust B under the Wexler Family Trust, established October 21, 1981, to Bennett Puterbaugh, a single man.
08-14-97 Bennett Puterbaugh , a single man, to Bennett Puterbaugh, a single man and Marc Sanders, a single man, as joint tenants.
11-04-97 Bennett Puterbaugh, a single man and Marc Sanders, a single man as joint tenants to Steven Samiof and Misako Saiki Samiof, husband and wife as joint tenants. 06-13-01 Steven Samiof and Misako S. Samiof, husband and wife as joint tenants who acquired title as Misako Saiki Samiof to Gary A. Rust, an unmarried man. 05-12-04 Gary A. Rust, an unmarried man, to Christy L. Eugenis, a married woman as her sole and separate property.
05-24-05 Christy L. Eugenis, a married woman as her sole and separate property, to Wahoo -Cal Rentals, LLC, a California Limited Liability Company.
06-12-07 Wahoo-Cal Rentals, LLC, a California Limited Liability Company, to Alice M. Alioto, a registered domestic partner, as her sole and separate property and Daniel P. Giles, a single man, as joint tenants.
07-17-07 Kathleen A. Zucchi, registered domestic partner of Grantee, hereby grants to Alice M.
Alioto, registered domestic partner of Grantor as her sole and separate property. 07-18-14 Alice M. Alioto, a single person, who acquired title as a registered domestic partner, as her sole and separate property, to Alice M. Alioto, a single person. 12-22-15 Kevin Singer, in his sole ca pacity as Court Referee in the Superior Court of California, County of Riverside, to Joseph Mantello, a single man.
Item 2A - 44
29 IV Building Permits
Date Owner Permit Type Description of Work
10-29-54 D. A. Wexler Building Building permit for a five -room dwelling. Frame and stucco. Tropicool roof. One car carport. Lot size
120x106; Height 15’; Front 25’; Side 12’; Side 12’; Rear 10’. Total value of work $16,000. Leonard Wolf,
contractor.
11-17-54 D. A. Wexler Electrical Temporary service.
11-23-54 Don Wexler Plumbing One bathtub; four gas outlets; one gas furnace; three lavatories; one laundry tray; one shower; one sink; two toilets; one water heater; one water piping.
12-16-54 Wexler Electrical
Installation
Thirty-six outlets; eight fixtures; one heater; one electric motor (less than ½ horsepower).
02-11-55 D. A. Wexler Plumbing One cesspool; one septic tank. 04-14-60 Don Wexler Swimming
Pool
Pool steel & setback; Hoams Construction.
06-14-60 Don Wexler Building Construction of a 15x40 foot gunite swimming pool; Hoams Construction.
05-06-62 Don Wexler Plumbing One cesspool; one sewer piping. 01-02-68 Don Wexler Building Dwelling addition: add 650 square feet. Add three bedrooms and bath.
01-09-68 Don Wexler Plumbing Two lavatories; one toilet; one shower; one water piping; one water heater.
01-25-68 Don Wexler Electrical Twenty-two outlets; ten light fixtures; one meter loop. 11-14-69 Don Wexler Sewer Two bathtubs; three lavatories; two toilets; one laundry tray; two showers; one sink; one dishwasher; one
garbage disposal.
11-25-69 Don Wexler Sewer Sewer connection.
01-04-80;
02-04-80
D. Wexler Roof Re-roof with urethane foam, clean off-white paint. Circle Arrow Urethane.
11-06-81 Don Wexler Building Construct 5x7 foot gunite spa, per approved engineering specs and plans.
08-23-05 Stan Amy Building Construct a 6x9’ storage shed attached to existing garage within the proper setback. Also install one steel tube to support guide wire for shade area. O’Donnell
Escalante Architects.
12-14-09 Daniel Giles Building Construct approximately 66 linear feet of 5’ high block wall, five feet from front property line.
03-22-10 Daniel Patrick
Giles
Building Construct approximately 66 linear feet of 5’ high block wall (EASTSIDE).
Item 2A - 45
30 04-05-17 Wexler House Building Clean off roof and install new fibertite roof system. 06-10-18 Joe Mantello Building HVAC change-out
07-10-18 Joe Mantello Building HVAC change-out, 3.5 ton unit on the ground. 08-06-19 Joe Mantello Solar New 10.56 kW DC roof mounted PV system with battery backup. Hot Purple Energy.
09-17-19 Paul Marlow Building 24 PV panel array (10.56 kW) + battery backup. 11-20-20 Joe Mantello Building HVAC change-out, remove and replace.
Item 2A - 46
31 V Supplemental Description
Marilynn and Donald Wexler in front of their new home, ca. 1955. Courtesy Gary Wexler.
The Residence of Donald and Marilynn Wexler, 1955.
In 1952, while Wexler and Harrison were still working in Cody’s office, after work one day they went for drinks at the Doll House. While there, they met a group of girls who were visiting Palm Springs from Los Angeles. One of the girls asked if Don would b e interested in going on a blind date with a friend of theirs in Los Angeles. He later went on the blind date, and met his future wife, Marilynn Dawn Maidman.6 They were married on September 20, 1953, in Beverly Hills, and moved into a furnished apartmen t at 962 Parocela Place in the Warm Sands neighborhood of Palm Springs.7 Item 2A - 47
32 When Marilynn got pregnant, Don got a $15 ,000 GI Bill loan and bought an empty parcel on East Verbena near Ruth Hardy Park (then Tamarisk Park). With a very tight budget, he designe d a 1,450 square foot two - bedroom, two bath, post-and-beam style home. With single posts and double beams (which were designed to withstand desert temperatures without warping) the style became a Wexler signature. Air conditioning was incorporated into the design.
Wexler designed and built the house quickly, with the intent that it would be completed by the time their son was born. Builder/contractor Leonard Wolf (later a city councilman) oversaw a crew of three people — unimaginable in today’s complex const ruction industry, and the house was completed in four months. The Wexler’s first son (of three), Glen, was born in September of 1955.8
Architect Donald Wexler’s 1954 rendering of the home’s primary façade. Courtesy Gary Wexler.
The Wexler Residence under construction, 1954. Courtesy Gary Wexler.
Item 2A - 48
33 DESIGNED FOR FLEXIBILITY
While originally a two -bedroom, two-bathroom home with carport, Wexler designed the home with a plan for later additions as his family grew. When it was later featured in t he Los Angeles Times Home Magazine, in an article titled “A House Designed to Expand from Within,” it was explained:
In planning their new home, AIA architect Don Wexler and his wife Lynn wanted a house that could be expanded without the cost of adding ne w foundations and roofing. So they designed their 1450 -square-foot house with a living room, den, two bedrooms, two baths. Partitions were designed to be nonbearing so that new rooms could be created in all areas excepting the kitchen and bathrooms.9 According to Wexler’s son Gary, “he always liked to use new products. That’s why he got interested in steel.”10 For the Wexler Residence, all the walls, inside and out, were clad in a brand-new material called “Texture One-Eleven,” known now as T1-11. As Wexler later recalled, “That was an all-wood structure, in fact detail T1-11 plywood had just come out and a representative of U.S. Plywood asked me if I would use it on the house and I used a lot of it, all outside walls and walls on the inside. I learned a good lesson what the desert does to wood. It twists it, it shrinks it, it warps it and you have to take care of it. So, literally, it was a high maintenance house.”11
Two-page ad in the June 1954 Arts + Architecture announcing “Texture One-Eleven”
Introduced in 1954 by U.S. Plywood, the material was called “Roughtex.” Rough sawn Douglas fir plywood was routed with widely spaced vertical grooves for interest. An advertisement in Arts & Architecture magazine touted its qualities:
Item 2A - 49
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Te:..t11re Ofil! Elc'ffi"I combtt'IN h1gh ~ ,n1h 1M eoonomy ano t1cipendlifltlll); « md1nt,y qwlily a,ade- lradcm11t>.ed Ext<11iot f~ f)!y,t0od l[lCT OfPA•I. rn:invfu~cd "1th 100'\ tr8(fl!\:)IOOI 1:111,. Coomes jlbd~ '"8' b~ 10' lcnQ;Uts .-. two"' dth$ er.cl t,00\'f p,a,lterm. Get the full 1..'0,Y 11()11'1 )'OUI '''=* SUl)O!ier Of Y.l!le Dou.i lU f;r Pl)WOO(l A~SOCiiltiM, T~fllil 2, Wil~<fimltl(l!l 34 Texture One-Eleven Exterior Fir Plywood: This new grooved panel material of industry quality, is in perfect harmony with trend toward using natural wood textures. Packaged in two lengths and widths; has shiplap edges; applied quickly, easily; immune to water, weather, heat, cold. Uses include: vertical siding for homes; screening walls for garden areas; spandrels on small apt., commercial buildings; inexpensive store front remodeling; interior walls ceilings, counters.
The T1-11 panels were painted a light putty gray, while the double beams were painted a deep olive green. In front of the house, the T1-11 and plywood privacy screen featured ochre accents.
Though no records were found in researching the home, the landscape is likely the unsubstantiated work of designer Antone Dalu, who designed the landscapes for most of the Wexler & Harrison projects in the 1950s.
Anthony Francis Dalu (1924- ; he later used the name “Antone;” friends called him “Tony” ) began designing interiors in Los Angeles before moving to Palm Springs in the early 1950s, opening an office next door to Wexler & Harrison. In Palm Springs, he advertised or was featured in the Desert Sun and the Villager, offering his services for both interior design and landscape design. Architect Hugh Kaptur worked in the office of Wexler & Harrison in 1956 -57, and recalls, “ Tony Dalu was next door, in fact there was an adjoining door that opened up between their offices, that’s how I met Tony. He was incredibly talented…”12
Dalu’s landscape design celebrated the natural beauty of the desert, using masses of enormous boulders, decomposed granite, and relied primarily on desert plant materials. At the Wexler Re sidence, a pair of Mexican fan palms and magenta bougainvillea was planted calling attention to the front door. Around massive boulders placed near the asphalt driveway, desert plants such as ocotillo, cactus and yucca were planted. As Gary Wexler recalls, the east yard had red concrete pavers and a panel of dichondra (a green, perennial groundcover) in lieu of grass, studded with more large granite boulders. Along the street, Aleppo pines and more palms were planted.13
The Wexler Residence was considered such a success that architectural historian Patrick McGrew later opined that “the home compares favorably with the precedent -setting Case Study houses of the period. It reflects the influence this program had on the construction of new housing throughout the country.” 14 This opinion was shared by famed photographer Julius Shulman, who remarked in 2006 that he found it unfortunate that the Wexler Residence hadn’t been included in Arts & Architecture magazine’s Case Study House program, which ran from 1945-1966. At the time, Shulman said, “This house demonstrates how design works today fifty years later…it’s magnificent, nothing has changed, nothing HAS to be changed. It works beautifully.”15
CHANGES OVER TIME
Because the home was designed to be easily expanded or modified, changes began taking place almost immediately as the family’s needs changed. As noted in the 1958 Los Angeles Times Home Magazine article, when son Gary was born in 1957, the den, which had been used by the Wexlers as their living and dining space (the living room originally had ping-pong tables in it) was divided into a nursery and small dining space.
Later, the small dining alcove adjacent to the kitchen was expanded out onto a patio.
Item 2A - 50
35 In the primary bedroom, a new closet was added on south facing wall, giving Marilynn more space. To do so, windows were removed.
The floor plan as designed, 1954. Note the entry opens onto a large den, with adjacent living room.
When son Gary Wexler was born, the den was divided into two parts, with a small nursery on one side, and a small dining area on the other.
Item 2A - 51
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36 The layout of the 1968 addition for the boy’s bedrooms and bathroom. The dining area remained, but a second bedroom was repurposed as an open den space.
In 1960, Hoams Construction built a swimming pool in the rear garden.
The most extensive change came in 1968, when a new wing containing three bedrooms and bath was added to the north of the home. At that time, the nursery area was removed and the original second bedroom was turned into Donald Wexler’s den.
After Donald Wexler sold the house, according to Gary Wexler , Dr. Gary Rust removed the primary bedroom’s closet addition and restored the window configuration that had been blocked. 16 Rust also added a glass privacy partition between the liv ing room and the driveway at the front of the house. One of the large original Aleppo pines was removed. None of these changes show in the permit history.
In 2007, Daniel Giles (who owned the house jointly with Alice M. Alioto) bought the house and planned to rehabilitate it, overseen by architect Lance O’Donnell. Donald Wexler served as consultant to the project.
Item 2A - 52
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37 According to Gary Wexler, his father and O’Donnell had an extraordinarily strong mutual respect, and Wexler enjoyed working with O’Donnell.17
For the first phase, working with landscape architect William Kopelk, the old wood fences along Verbena Drive were removed and replaced by concrete block walls. Kopelk transformed the landscape, bringing in more granite boulders and refreshing the drought -tolerant landscape, while preserving most of the mature trees and the basic overall layout that had been established.
For the restoration/rehabilitation of the house itself, the primary objective was to unify all the ceiling and floor planes. Because the house had been modified at different times over the years, flooring wasn’t cohesive. When the 1968 addition was built, lowered ceilings hid ductwork, so ceiling planes were inconsistent. Those false ceilings and ductwork were removed, and air conditioners rem oved from on top of the roof. To accommodate central heat and air, the floors were jackhammered for trenches to place all the ductwork and returns in the concrete slab. With that complete, terrazzo was poured throughout most the home, making them consistent throughout.
In the living room, the window next to the T1 -11 indoor-outdoor wall was enlarged, which now framed a mature olive tree. In the area originally planned to be an expandable den, a portion of wall was removed, which created a visual link to the floating wall that separated the living room from the entry. This minor change resulted in better sightlines in the central portion of the house.
Next to the T1-11 indoor/outdoor wall, there was originally a comparatively small, fixed panel of glass. In the black and white photo at left, you can see this in the glass panel to the left of the Womb Chair.
In the late 2000s rehabilitation, that window opening was enlarged. In the color photo of the house today, on the right, you can see the enlarged glass pane, with the T1-111 wall and large boulder outside.
The biggest modification came to the 1968 wing for the boy’s bedrooms. The space, planned for flexibility, had been designed as three smallish bedrooms with a bathroom. The space was changed to have two larger bedrooms with a shared bathroom. The original boy’s bathroom was expanded into the master bedroom.
Item 2A - 53
38 When the renovations were completed, Donald Wexler walked through the house marveling at how unified it all had become and remarked that he loved how it all turned out.
The Palm Springs Modern Committe e awarded the house the Residential Restoration of the Year Award for 2009.
Item 2A - 54
39 LOS ANGELES TIMES HOME MAGAZINE ARTICLE: FEBRUARY 9, 1958
Item 2A - 55
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41 VI Contemporary Images
PRIMARY ELEVATION:
Item 2A - 57
42 Item 2A - 58
43 Item 2A - 59
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44 Item 2A - 60
45 REAR ELEVATION:
Item 2A - 61
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46 WEST ELEVATION:
Item 2A - 62
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48 EAST ELEVATION:
Item 2A - 64
49 Item 2A - 65
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50 INTERIOR:
Item 2A - 66
51 1 Steel and Shade: The Architecture of Donald Wexler, Lauren Weiss Bricker and Sidney Williams, Palm Springs Art Museum, 2011, 13. 2 Vienna to Los Angeles: Two Journeys, Esther McCoy, Arts + Architecture Press, 1979, 11. 3 Donald Wexler: Architect, Patrick McGrew, Palm Springs Preservation Foundation, 2011, 18-21. 4 Richard A. Harrison application for membership, AIA.
5 Donald Wexler: Architect, Patrick McGrew, Palm Springs Preservation Foundation, 2011, 18-21. 6 Telephone interview with Gary Wexler, April 28, 2021. 7 Wexler & Harrison had established their own architectural practice in February 1953. At the time the Wexler Residence was bei ng designed in 1954, Wexler & Harrison were also busy designing three cust om residences: two houses on Lilliana Drive for developer Joseph Pawling, and the Howard/Leeds Residence (later known as the Kirk Douglas Residence) in Old Las Palmas. 8 Telephone interview with Gary Wexler, April 28, 2021. 9 “A House Designed to Expand from Within,” Los Angeles Times Home magazine, February 9, 1958, 22. 10 Telephone interview with Gary Wexler, April 28, 2021. 11 “Journeyman Architect: The Life and Work of Donald Wexler,” Design Onscreen documentary, 2009. Directed by Jake Gorst. 12 Interview with Hugh Kaptur, October 4, 2018. Despite searching, no death date was found for Dalu, and I had no success finding relatives. There are no know archives of his work.
13 Telephone interview with Gary Wexler, April 28, 2021. 14 Donald Wexler: Architect, Patrick McGrew, Palm Springs Preservation Foundation, 2011, 18-21. 15 Steel and Shade: The Architecture of Donald Wexler, Lauren Weiss Bricker and Sidney Williams, Palm Springs Art Museum, 2011, 70.
The quote comes from an interview with Julius Shulman and Donald Wexler conducted by Christina Patoski. 16 Telephone interview with Gary Wexler, April 28, 2021. 17 Ibid.
Item 2A - 67
ATTACHMENT D
Item 2A - 68
RESOLUTION NO. 139
A RESOLUTION OF THE HISTORIC SITE PRESERVATION
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL DESIGNATE “THE
DONALD WEXLER RESIDENCE” L OCATED AT 1272 EAST
VERBENA DRIVE, A C LASS 1 HISTORIC SITE, (HSPB #13 9), APN# 507-253-009.
THE HISTORIC SITE PRESERVATION BOARD FINDS AND DETERMINES AS FOLLOWS:
A. WHEREAS, Chapter 8.05 of the Palm Springs Municipal Code allows for the designation of historic sites and districts; and
B. WHEREAS, Joseph Mantello and Paul Marlow, owners, submitted an applicat ion to the City seeking historic site designation of the Donald Wexle r Residence located at 1272 East Verbena Drivee; and
C. WHEREAS, in October, 2021, members of the Historic Site Preservation Board (HSPB) and City staff conducted site inspections of the proposed historic resource; and
D. WHEREAS, on November 2, 2021, a noticed public hearing of the Palm Springs Historic Site Preservation Board to consider Case HSPB #139 was held in accordance with applicable law; and
E. WHEREAS, at the said hearing, the HSPB carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report and all written and oral testimony.
THE HISTORIC SITE PRESERVATION BOARD OF THE CITY OF PALM SPRINGS RESOLVES:
SECTION 1: FINDINGS – PART “A”, CRITERIA FOR HISTORIC RESOURCES.
Evaluation of the Application. Pursuant to Municipal Code Section 8.05.070 (C,1,a), the HSPB shall evaluate the application and make findings in conformance with the following criteria:
Criteria for the Designation of Class 1 Historic Resources. A site, structure, building or object may be designated as a Class 1 historic resource, provided both of the following findings (“a” and “b”) are met:
a. The site, structure, building or object exhibits exceptional historic significance and meets one or more of the criteria listed below:
The Wexler residence exhibits exceptional historic significance because of its association with architect Donald Wexler and is a n oteworthy example of a custom -home design from the mid - twentieth century period using post-and-beam construction.
Item 2A - 69
Resolution No. HSPB 134 – The Wexler Residence – 1282 E. Verbena Drive
November 2, 2021
(Criterion 1) The resource is associated with events that have made a meaningful contribution to the nation, state or community;
The report does not list any events associated with the home that contributed to the nation, state or community. Thus it does not qualify under Criterion 1.
(Criterion 2) The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history;
The report notes on page 20 that the home is historically significant for its association with the life and career of Donald Wexler. Wexler’s fifty years of producing innovative modern architecture in the Coachella Valley helped define what is now known as “Desert Modern” or “The Palm Springs School of Architecture”. For these reasons, the site qu alifies as a historic resource under Criterion 2.
(Criterion 3) The resource reflects or exemplifies a particular period of national, state or local history;
On page 20, the report explains that the Wexler Residence reflects the post-World War II period in terms of innovative design principles. It was a period when local developers, business owners and residents embraced the bold aesthetic of Modern architecture. Its post-and-beam structural system, expansive use of glass, walls that project out into th e landscape, simple volumetric massing, and a low flat roofline with very thin edge fascia all are characteristic of the post -war period in Palm Springs architectural development. For these reasons, staff concurs that the site qualifies as a historic resource under Criterion 3.
(Criterion 4) The resource embodies the distinctive characteristics of a type, period or method of construction;
Although the report discusses the “theme of Modern architecture”, the home’s architectural “theme” was more aptly discussed under Criterion 3 (“Period”). Criterion 4 addresses distinctive characteristics of a type of construction, a period of construction or a method of construction, not architectural theme.
The report however provides substantial information about the home’s construction characteristics. It notes that the type of construction – namely wood post and beam using stock lumber sizes contributed to the home’s affordability, its open, flexible floor plan and accommodated the extensive use of floor to cei ling glass. As the report notes, post -and-beam construction was used by nearly all the modern architects working in the Coachella Valley in the post-World War II period. Wexler however expressed the simple post -and-beam structure in unique ways, using pa ired beams attached on either side of the 4 x 4 posts to minimize the warping and splitting that often occurred with typical four inch thick wood beams. This detail, while functional, added a unique and pleasing visual detail to the home. The home also is unique in its method of construction because Wexler utilized a new plywood product introduced in 1954 by U.S. Plywood called “Texture-111”, or “T-111”. As noted on page 33, according to Wexler’s son Gary, Wexler liked to experiment with new materials in his designs. In terms of the T -111 Item 2A - 70
Resolution No. HSPB 134 – The Wexler Residence – 1282 E. Verbena Drive
November 2, 2021
product, Wexler “…used a lot of it…” on both outside and inside walls. Thus the Wexler residence embodies the distinctive characteristics of a type, period and method of construction and as such, staff concurs that the home qualifies as a historic site under Criterion 4.
(Criterion 5) The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value;
As noted on page 21 of the report, the Wexler residence presents the work of a master architect.
Wexler’s influence on local architects and architecture is still evident in the work of many contemporary architects and designers working in Palm Springs. The proportions, e xpressed structure, simplicity of details and materials, and livability of Wexler’s architecture continues to be celebrated both locally and beyond. The residence reflects an early example of his talent and artistic capabilities as an architect. Therefor e, staff concurs that the Wexler residence qualifies as a historic site under Criterion 5 both as a notable example of the early work of Donald Wexler -- an architect who continues to influence other architects and also for its artistic value in emphasizing and celebrating the tenets of the Modern period in architecture.
(Criterion 6) The resource represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists; or
The report does not assert that the Wexler residence qualifies under Criterion 6.
(Criterion 7) The resource has yielded or may be likely to yield information important to national, state or local history or prehistory.
No information has been provided in the historic resources report on any pre-historic significance of the site.
SECTION 2: PART “B” ANALYSIS OF HISTORIC INTEGRITY.
Analysis of Integrity. (PSMC 8.05.070 (C,1,b). The site, structure, building or object retains one or more of the following aspects of integrity, as established in the Secretary of the Interior’s Standards: integrity of design, materials, workmanship, location, setting, feeling, or association.
Beginning on page 22 of the report is an evaluation of the site relative to the seven aspects or qualities of historic integrity, as recognized by the National Register of Historic Places. The seven aspects or qualities include location, design, setting, materials, workmanship, feeling, and association. The report concludes that the site retains a high degree of integrity and is further analyzed below:
Item 2A - 71
Resolution No. HSPB 134 – The Wexler Residence – 1282 E. Verbena Drive
November 2, 2021
1. Location:
The Wexler residence remains in the same location that it was constructed, thus it retains integrity of location.
2. Design:
Wexler designed his family home to be flexible and able to be expanded as his family grew. As a young architect, economics played a factor in the modest “every -day” materials he chose for the design of his home. Although recent renovations have introduced more expensive materials such as terrazzo floors, the original design integrity remains intact. As noted on page 13 of the report, the original color of the home was medium warm grey with deep olive -green colored beams. The home is currently painted in a color palette that is similar to these original colors.
3. Setting:
The report analyzes the quality of Setting on page 24. As noted, the home’s setting as a modern single-family home in a neighborhood of other modest single-family homes remains.
4. Materials:
As noted on page 23 of the report, Wexler used common materials such as plywood, dimension lumber in an uncommon way to create a stylish and timeless home. Nearly all the exterior materials remain as originally designed. Although more lavish materials such as terrazzo floors replaced the original asphalt vinyl tiles as noted above, the home maintains a high degree of material integrity.
5. Workmanship:
As noted on page 24, “ The Wexler residence was designed and built using straightforward materials an d modes of workmanship, typical of construction practices in mid -century Palm Springs. The home still exhibits those humble, honest principals…” and thus, retains integrity of workmanship.
6. Feeling:
The Wexler residence reflects the casual informal lifestyle of the post-war era in Palm Springs.
It has a comfortable “modernity” without feeling cold or impersonal.
7. Association:
The residence retains its association with its original owner, master architect Donald Wexler and with the mid-twentieth century modern period in Palm Springs.
Item 2A - 72
Resolution No. HSPB 134 – The Wexler Residence – 1282 E. Verbena Drive
November 2, 2021
SECTION 3: DEFINING HISTORIC CHARACTERISTICS
In considering a recommendation for historic resource designation it is important to distinguish those physical elements that are original or from the period of significance that contribute to the resource’s historic significance from alterations, additions or features that were added at a later time that may be sympathetic to the original character, but which may create a false sense of historicity. Distinguishing original character -defining features from non -original elements aids the HSPB when it is tasked with evaluating future alterations to the historic resource.
On page 17 the report identifies the physical character -defining historic features of this site as follows:
• Flat-roofed one-story structure.
• Interior and exterior walls clad in T-111 plywood.
• The 1968 bedroom wing addition.
• Post and Beam construction integrated with unique pairs of beams. • Walls of glass; large, fixed panels, original sliding glass doors, frameless clerestory windows.
• Spun aluminum can lights on the exterior soffits and ceilings. • Vertical wood decorative treatment on the front door. • Open carport.
• Mature palms and Aleppo pines.
Non-contributing elements:
• Terrazzo floors.
• Block perimeter garden wall.
• Swimming pool and spa (original location, but not original pool0.. • Storage structure attached to carport.
• Vertical fluted glass adjacent to front door.
• Dual-glazed clear anodized replacement aluminum sliding doors and windows. • Photovoltaic panels.
• Driveway hardscape.
• Landscape (except trees as noted above.)
SECTION 4: ENVIRONMENTAL ASSESSMENT
The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to t he environment, directly or indirectly.
Item 2A - 73
Resolution No. HSPB 134 – The Wexler Residence – 1282 E. Verbena Drive
November 2, 2021
Based upon the foregoing, the HSPB hereby recommends that the City Council designate “The Donald Wexler residence” located at 1272 East Verbena Drive, a C lass 1 Historic Resource (Case HSPB #139).
ADOPTED THIS SECOND DAY OF NOVEMBER, 2021.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Flinn Fagg, AICP
Development Services Director
Item 2A - 74
HISTORIC SITE PRESERVATION BOARD
STAFF REPORT
DATE: November 2, 2021 PUBLIC HEARING
SUBJECT: AN APPLICATION BY JOSEPH MANTELLO AND PAUL MARLOW, OWNERS FOR HISTORIC DESIGNATION OF “THE DONALD WEXLER
RESIDENCE” LOCATED AT 1272 EAST VERBENA DRIVE, (APN #507- 253-009), CASE HSPB #139. (KL).
FROM: Department of Planning Services
SUMMARY
The owners are seeking historic designation of the Donald Wexler Residence. The home was designed by master architect Donald Wexler and served as his family’s home from its construction in 1955 until the family sold it in1993.
If designated as a historic resource, the property would be subject to the regulations outlined in Section 8.05 of the Palm Springs Municipal Code.
RECOMMENDATION:
1. Open the public hearing and receive public testimony.
2. Close the public hearing and adopt Resolution HSPB #139, “A RESOLUTION OF
THE HISTORIC SITE PRESERVATION BOARD OF THE CITY OF PALM
SPRINGS, CAL IFORNIA, RECOMMENDING THAT THE CITY COUNCIL DESIGNATE “THE DONALD WEXLER RESIDENCE” LOCATED AT 1272 VERBENA DRIVE , AS CLASS 1 (LANDMARK ) HISTORIC RESOURCE HSPB #139, SUBJECT TO CONDITIONS (APN 507-253-009).”
BACKGROUND AND SETTING:
A historic resources report dated August 5, 2021, prepared for the owners by Steven Keylon, of the Palm Springs Preservation Foundation (“the report”) is the basis of this staff report.
Related Relevant City Actions by HSPB, Planning, Fire, Building, etc… October, 2021 Site inspection by members of the HSPB.
Item 2A - 75
I
Historic Site Preservation Board Staff Report: November 2, 2021 HSPB-139 – The Donald Wexler Residence
Ownership Status
December, 2015 Purchase by the current owner.
BELOW AN AERIAL VIEW OF THE RESIDENCE.
The dwelling at 1272 East Verbena Drive was designed in 1954 by master architect Donald Wexler as his family home. It is a noteworthy example of the early architectural work of Wexler reflecting the mid-twentieth century period of architectural development in Palm Springs. The period of significance for the site is identified as being from 1954 to 1989; the period during which the Wexler family resided in the home.
ANALYSIS:
Historic Preservation activities in Palm Springs are regulated under Municipal Code Item 2A - 76
I
Historic Site Preservation Board Staff Report: November 2, 2021 HSPB-139 – The Donald Wexler Residence
Section 8.05 (“ Historic Preservation” ). The purpose of the Historic Preservation Ordinance is:
“…to stabilize and improve buildings, structures or areas which are considered to be of historical, architectural, archaeological or ecological value, to foster civic beauty, to strengthen the local economy and to promote the use of historic resources for the education and welfare of the citizens.”
Standard Conditions that apply to Historic Resources
The following shall apply to a Class 1 or 2 Historic Site or Resource:
1. It shall meet the defin ition of a Class 1 or 2 historic resource as outlined in Municipal Code Section 8.05.020 including the findings outlined in Section
8.05.070 (C).
2. An archival file shall be maintained on the property by the City.
3. It may be qualified as ‘historic’ at the federal, state, and/or county level.
4. A marker explaining the historic nature of the site may be installed at the site in a location viewable from the public way.
5. Compliance with all rules and regulations for Historic Resources and Historic Districts under Chapter 8.05 of the Municipal Code.
6. If designated, the findings in support of designation shall be stated in a resolution of the City Council that shall be recorded with the County Recorders’ office within 90 days of the effective date of the Council’s resolution.
Evaluation of the Application. Pursuant to Municipal Code Section 8.05.070 (C,1,a), the HSPB shall evaluate the application and make findings in conformance with the following criteria:
Criteria for the Designation of Class 1 Historic Resources. A site, structure, building or object may be designated as a Class 1 historic resource, provided both of the following findings (“a” and “b”) are met:
a. The site, structure, building or object e xhibits exceptional historic significance and meets one or more of the criteria listed below:
The Wexler residence exhibits exceptional historic significance because of its association with architect Donald Wexler and is a noteworthy example of a custom-home design from the mid-twentieth century period using post-and-beam construction.
(Criterion 1) The resource is associated with events that have made a meaningful contribution to the nation, state or community;
The report does not list any events associated with the home that contributed to the nation, state or community. Thus it does not qualify under Criterion 1.
Item 2A - 77
Historic Site Preservation Board Staff Report: November 2, 2021 HSPB-139 – The Donald Wexler Residence
(Criterion 2) The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history;
The report notes on page 20 that the home is historically significant for its association with the li fe and career of Donald Wexler. Wexler’s fifty years of producing innovative modern architecture in the Coachella Valley helped define what is now known as “Desert Modern” or “The Palm Springs School of Architecture”. For these reasons, the site qualifies as a historic resource under Criterion 2.
(Criterion 3) The resource reflects or exemplifies a particular period of national, state or local history;
On page 20, the report explains that the Wexler Residence reflects the post-World War II period in terms of innovative design principles. It was a period when local developers, business owners and residents embraced the bold aesthetic of Modern architecture. Its post-and-beam structural system, expan sive use of glass, walls that project out into the landscape, simple volumetric massing, and a low flat roofline with very thin edge fascia all are characteristic of the post -war period in Palm Springs architectural development.
For these reasons, staff c oncurs that the site qualifies as a historic resource under Criterion 3.
(Criterion 4) The resource embodies the distinctive characteristics of a type, period or method of construction;
Although the report discusses the “theme of Modern architecture”, the home’s architectural “theme” was more aptly discussed under Criterion 3 (“Period”). Criterion 4 addresses distinctive characteristics of a type of construction, a period of construction or a method of construction, not architectural theme.
The report however provides substantial information about the home’s construction characteristics. It notes that the type of construction – namely wood post and beam using stock lumber sizes contributed to the home’s affordability, its open, flexible floor plan and accommodated the extensive use of floor to ceiling glass. As the report notes, post-and- beam construction was used by nearly all the modern architects working in the Coachella Valley in the post-World War II period. Wexler however expressed the simple post-and- beam structure in unique ways, using paired beams attached on either side of the 4 x 4 posts to minimize the warping and splitting that often occurred with typical four inch thick wood beams. This detail, while functional, added a unique and pleasing visual detail to the home. The home also is unique in its method of construction because Wexler utilized a new plywood product introduced in 1954 by U.S. Plywood called “Texture-111”, or “T- 111”. As noted on page 33, according to Wexler’s son Gary, Wexler liked to experiment with new materials in his designs. In terms of the T-111 product, Wexler “…used a lot of it…” on both outside and inside walls. Thus the Wexler residence embodies the distinctive characteristics of a type , period and meth od of construction and a s such, staff concurs Item 2A - 78
Historic Site Preservation Board Staff Report: November 2, 2021 HSPB-139 – The Donald Wexler Residence
that the home qualifies as a historic site under Criterion 4.
(Criterion 5) The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value;
As noted on page 21 of the report, the Wexler residence presents the work of a master architect. Wexler’s influence on local architects and architecture is still evident in the work of many contemporary architects and designers working in Palm Springs. The proportions, expressed structure, simplicity of details and materials, and livability of Wexler’s architecture continues to be celebrated both locally and beyond. The residence reflects an early example of his talent and artistic capabilities as an architect. Therefore, staff concurs that the Wexler residence qualifies as a historic site under Criterion 5 both as a notable example of the early work of Donald Wexler -- an architect who continues to influence other architects and also for its artistic value in emphasizing and celebrating the tenets of the Modern period in architecture.
(Criterion 6) The resource represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists; or
The report does not assert that the Wexler residence qualifies under Criterion 6.
(Criterion 7) The resource has yielded or may be likely to yield information important to national, state or local history or prehistory.
No information has been provided in the historic resources report on any pre -historic significance of the site.
Analysis of Integrity. (PSMC 8.05.070 (C,1,b). The site, structure, building or object retains one or more of the following aspects of integrity, as established in the Secretary of the Interior’s Standards: integrity of design, materials, workmanship, location, setting, feeling, or association.
Beginning on page 22 of the report is an evaluation of the site relative to the seven aspects or qualities of historic integrity, as recognized by the National Register of Historic Places. The seven aspects or qualities include location, design, setting, materials, workmanship, feeling, and association. The report concludes that the site retains a high degree of integrity and is further analyzed below:
1. Location:
The Wexler residence remains in the same location that it was constructed, thus it retains Item 2A - 79
Historic Site Preservation Board Staff Report: November 2, 2021 HSPB-139 – The Donald Wexler Residence
integrity of location.
2. Design:
Wexler designed his family home to be flexible and able to be expanded as his family grew. As a young architect, economics played a factor in the modest “every-day” materials he chose for the design of his home. Although recent renovations have introduced more expensive materials such as terrazzo floors, the original design integrity remains intact. As noted on page 13 of the report, the original color of the home was medium warm grey with deep olive-green colored beams. The home is currently painted in a color palette that is similar to these original colors.
3. Setting:
The report analyzes the quality of Setting on page 24. As noted, the home’s setting as a modern single-family home in a neighborhood of other modest single-family homes remains.
4. Materials:
As noted on page 23 of the report, Wexler used common materials such as plywood, dimension lumber in an uncommon way to create a stylish and timeless home. Nearly all the exterior materials remain as originally designed. Although more lavish materials such as terrazzo floors replaced the original asphalt vinyl tiles as noted above , the home maintains a high degree of material integrity.
5. Workmanship:
As noted on page 24, “The Wexler residence was designed and built using straightforward materials and modes of workmanship, typical of construction practices in mid -century Palm Springs. The home still exhibits those humble, honest principals …” and t hus, retains integrity of workmanship.
6. Feeling:
The Wexler residence reflects the casual informal lifestyle of the post -war era in Palm Springs. It has a comfortable “modernity” without feeling cold or impersonal.
7. Association:
The residence retai ns its association with its original owner, master architect Donald Wexler and with the mid-twentieth century modern period in Palm Springs.
Item 2A - 80
Historic Site Preservation Board Staff Report: November 2, 2021 HSPB-139 – The Donald Wexler Residence
DEFINING HISTORIC CHARACTERISTICS
In considering a recommendation for historic resource designation it is important to distinguish those physical elements that are original or from the period of significance that contribute to the resource’s historic significance from alterations, addition s or features that were added at a later time that may be sympathetic to the original character, but which may create a false sense of historicity. Distinguishing original character -defining features from non -original elements aids the HSPB when it is tas ked with evaluating future alterations to the historic resource.
On page 1 7 the report identifies the physical character-defining historic features of this site as follows:
• Flat-roofed one-story structure.
• Interior and exterior walls clad in T-111 plywood.
• The 1968 bedroom wing addition.
• Post and beam construction integrated with unique pairs of beams. • Walls of glass; large, fixed panels, original sliding glass doors, frameless clerestory windows.
• Spun aluminum can lights on the exterior soffits and ceilings. • Vertical wood decorative treatment on the front door. • Open carport.
• Mature palms and Aleppo pines.
Non-contributing elements:
• Terrazzo floors.
• Block perimeter garden wall.
• Swimming pool and spa (original location, but not original pool). • Storage structure attached to carport.
• Vertical fluted glass adjacent to front door.
• Dual-glazed clear anodized replacement aluminum sliding doors and windows. • Photovoltaic panels.
• Driveway hardscape.
• Landscape (except trees as noted above.)
ENVIRONMENTAL ASSESSMENT
The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity i s not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.
Item 2A - 81
Historic Site Preservation Board Staff Report: November 2, 2021 HSPB-139 – The Donald Wexler Residence
NOTIFICATION
Pursuant to section 8.05.140 of the Municipal Code of Palm Springs, all residents within five hundred (5 00) feet of the subject property have been notified and notice was published in a newspaper of general circulation.
CONCLUSION:
The Donald Wexler residence meets the definition of a historic resource based on Criteria 2, 3, 4 and 5 of the Palm Springs Historic Preservation Ordinance and possesses sufficient historic integrity to qualify as a Class 1 (Landmark) site.
Ken Lyon, RA, Associate Planner Flinn Fagg, AICP
Historic Preservation Officer Development Services Director
Attachments:
1. Vicinity Map
2. Draft Resolution
3. Application, related background materials, photos (under separate cover).
Item 2A - 82
- -·~
EXCERPTS OF MINUTES
At the Historic Site Preservation Board meeting of the City of Palm Springs , held November 2, 2021, the Historic Site Preservation Board took the following action:
2.A. AN APPLICATION BY JOSEPH MANTELLO AND PAUL MARLOW, OWNERS, FOR HISTORIC DESIGNATION OF “THE DONALD WEXLER RESIDENCE”, LOCATED AT 1272 EAST VERBENA DRIVE (HSPB #139) (KL)
Staff member Lyon summarized the staff report.
Seeing no questions of staff, Chair Hough opened the public hearing.
STEVEN KEYLON, representing the owners, spoke in support of the project.
Seeing no other speakers, Chair Hough closed the public hearing.
Members of the Board commented positively on the report and the project.
Motion by Rose, seconded by Rosenow, to adopt the findings in the staff report and recommend Class 1 historic site designation by the City Council.
I, JOANNE BRUGGEMANS , Administrative Secretary for the City of Palm Springs, hereby certify that the above action was taken by Historic Site Preservation Board of the City of Palm Springs on the second day of November, 2021, by the following vote:
AYES: Miller, Rose, Nelson, Kiser, Rosenow, Hough.
NOES: None.
ABSENT: Hansen
_________________________
Joanne Bruggemans
Adminstrative Secretary
Item 2A - 83
CITY COUNCIL STAFF REPORT
01/13/2022 2. B.
City Clerk -
SUBJECT
CITY COUNCIL CONSIDERATION OF THE DECISION OF THE PLANNING
COMMISSION TO CONTINUE DISCUSSION TO A DATE UNCERTAIN OF ZONE TEXT AMENDMENT CASE 5.1547 ZTA, RELATING TO DEVELOPMENT
STANDARDS FOR WAREHOUSE/ FULFILLMENT CENTERS
RECOMMENDATION:
Waive the reading of the ordinance text in its entirety and read by title only.1.
Introduce on first reading an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS ZONING CODE SECTION CHAPTERS 92 AND 93 RELATIVE TO THE DEVELOPMENT STANDARDS FOR THE M-2 (MANUFACTURING) AND E-I (ENERGY INDUSTRIAL) ZONES.”
2. Attachments
Item 2B
CITY COUNCIL STAFF REPORT
DATE: JANUARY 13, 2022 PUBLIC HEARING
SUBJECT: CITY COUNCIL CONSIDERATION OF THE DECISION OF THE
PLANNING COMMISSION TO CONTINUE DISCUSSION TO A DATE
UNCERTAIN OF ZONE TEXT AMENDMENT CASE 5.1547 ZTA,
RELATING TO DEVELOPMENT STANDARDS FOR WAREHOUSE/
FULFILLMENT CENTERS.
FROM: Justin Clifton, City Manager
BY: Development Services Department
SUMMARY:
This is a request for City Council review of a decision by the Planning Commission to continue consideration of a Zone Text Amendment (Case 5.1547 ZTA) to a date uncertain (tabled with direction to S taff to re-notice for a future date). The Zone Text Amendment proposed modifications to the development standards of the M-2 (Manufacturing) and E- I (Energy Industrial) zones to accommodate the development of warehouse/fulfillment centers. The Planning Commission continued the item due to concerns about height, traffic, and environmental impacts.
RECOMMENDATION:
1. Waive the reading of the ordinance text in its entirety and read by title only; and
2. Introduce on first reading Ordinance No. ____, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS ZONING CODE SECTION CHAPTERS 92 AND 93 RELATIVE TO THE DEVELOPMENT STANDARDS FOR THE M -2 (MANUFACTURING) AND E -I (ENERGY INDUSTRIAL) ZONES.”
BACKGROUND:
Planning staff members have conducted several pre-submittal conferences over the past year with the developers of proposed warehouse/fulfillment centers, which have revealed issues with the City’s current development standards regarding height limits and parking requirements. While such uses are already permitted in the M-2 (Manufacturing) and E-I (Energy Industrial) zones, the uncertainty about waivers or variances from existing development standards has prevented applicants from moving forward with projects. As development standards for these zone districts have not been comprehensively Item 2B - 1
City Council Staff Report
January 13, 2022 – Page 2
Case 5.1547 ZTA
addressed since the early 1990’s, a Zone Text Amendment was prepared by Staff to accommodate changes in warehouse/distribution center/fulfillment center development.
STAFF ANALYSIS:
Proposed Ordinance as Drafted by Staff
In light of height and parking issues noted in pre-application/pre-submittal conferences conducted by Planning Staff for warehouse/fulfillment centers, a Zone Text Amendment was prepared for consideration by the Planning Commission. The proposed ordinance focused on amendments to the development standards for the M -2 (Manufacturing) and E-I (Energy Industrial) zones, which are located in the general vicinity of the Interstate 10 freeway and North Indian Canyon Drive and do not occur elsewhere in the city. Based on proximity to the freeway and distance from residential areas, these districts are most suitable for development of warehouse/fulfillment center s. A map on the following page shows the location of the zone districts.
In preparing the draft ordinance, Staff evaluated requirements from other cities that have a significant number of warehouse/fulfillment centers (Colton, Fontana, Moreno Valley, San Bernardino) as well as seeking input from the development community. In addition, Staff evaluated the development standards for the city of Desert Hot Springs, as it shares a common border with the area in question. Staff also evaluated the functional needs of such facilities by examining the minimum requirements for narrow aisle racking systems (more common for warehouse and distribution functions) and mezzanine racking systems (more common for fulfillment centers).
Based on these studies, a draft ordinance was prepared which proposed the following modifications:
• Increase maximum height from 40’ (current restriction) to:
a. 60’ height with minimum 1-acre parcel size and 1:1 setbacks; and b. 95’ height with minimum 5-acre parcel size and 1:1 setbacks. • Require any building over 40’ in height to be a minimum of 1,000 feet from the Interstate 10 Freeway right-of-way.
• Increase lot coverage for industrial buildings in the E -I zone from 15% to 60%; maintain maximum lot coverage in the M-2 zone at 60%.
• Esta blish minimum 15% landscaping requirement in front yard setback areas. • Adjust parking requirements for buildings over 100,000 square feet in line with parking requirements adopted by other Inland Empire cities for warehouse/ fulfillment center uses.
Facilities developed under the proposed zone text amendment would be subject to the City’s revised architectural review process, wherein the Planning Commission would review a Development Permit Application for the proposed development, evaluating the site plan, scale of development, impacts, and environmental reports . Following approval Item 2B - 2
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Case 5.1547 ZTA
of the Development Permit, the Architectural Review Committee would then review the Major Architectural Application, and would evaluate the building design, colors and materials, landscaping, and aesthetic character.
The Planning Commission staff report and backup materials, providing a discussion of the proposed modifications, are included as Attachment C to this staff report.
LOCATION MAP OF THE M-2 AND E-I ZONE DISTRICTS
Planning Commission Discussion and Action
The Planning Commission considered the proposed ordinance at a public hearing on November 17, 2021. Commissioners offered the following comments and concerns during the hearing:
• Development Standards: The Planning Commission generally supported reductions in parking requirements for warehouse/fulfillment centers as a means to reduce unused parking spaces and unnecessary impervious surfacing. The Item 2B - 3
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January 13, 2022 – Page 4
Case 5.1547 ZTA
Commission did not reach consensus on the issue of height limits , with some commissioners opposed to any modification of the existing height limits, and others suggesting that height of up to 60 feet could be approved through a Conditional Use Permit process. No commissioners offered support for the proposed 95-foot maximum height limit.
• Economic Impacts: Commissioners requested that S taff provide additional research and information on the economic impacts, citing studies that suggest that the taxation benefits and employment numbers for fulfillment centers do not outweigh the impacts of the operation of such facilities. Concerns were also expressed about the low-wage nature of fulfillment center jobs and whether these facilities would truly assist in the diversification of the local economy. • Environmental Impacts: Concerns about the environmental impacts of large-scale warehouse/fulfillment centers were raised by the commission members, including impacts to the aquifer, air quality issues, preservation of existing habitat, traffic impacts, and visual impacts to the desert landscape.
• Location: Several commissioners recommended that large- scale warehouse/ fulfillment center buildings should not be permitted on the south side of the I -10 Freeway; another commissioner suggested that the proposed ordinance revisions should only be considered for the M-2 zone and that no changes should be made to the development standards for the E-I zone.
• Scale/Massing : Several commissioners voiced concerns about the potential scale of warehouse/fulfillment centers and the visual impacts created by such large buildings and recommended that no changes be made to the height limit or other existing development standards. The commissioners cited examples of existing fulfillment center buildings in Moreno Valley adjacent to State Route 60 as a basis for concerns about visual impacts and the lack of landscaping and screening.
While several of the commissioners did not support any modification to the existing development standards, the Planning Commission ultimately voted 4 to 3 (Ervin, Hirschbein, and Moruzzi in opposition) to continue the item to a date uncertain and requested that S taff come back with revisions based on the comments and recommendations provided.
The excerpt of the Planning Commission minutes for the item is included as Attachment D to this staff report. A video of the complete Planning Commission discussion can be found at the following link on the City website (the discussion begins at the 1:59:15 mark):
https://palmspringsca.new.swagit.com/videos/148433
.
Although the item was called forward to the City Council, the Planning Commission established a subcommittee to further develop recommendations that had been suggested at the meeting of November 17, 2021. The subcommittee recommendations have not been considered by the full Planning Commission. These recommendations, along with additional study materials reviewed by the subcommittee, are included as Attachment E to this report.
Item 2B - 4
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January 13, 2022 – Page 5
Case 5.1547 ZTA
ENVIRONMENTAL ASSESSMENT:
The proposed ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et. seq.) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “pr oject,” as that term is defined in Section 15378 of the State Guidelines. The proposed ordinance contemplates modifications to certain development standards but does not add to the list of permissible uses or allow significant increases in the scope or scale of development.
As individual projects are submitted and reviewed for compliance with this amendment, the City will conduct CEQA review as required by State law.
CONCLUSION
:
The proposed modifications to the M-2 and E-I zone district development standards would facilitate the development of large- scale warehouse/fulfillment centers north of the Interstate 10 freeway, which is the only area within the city that is appropriately zoned for this type of development. The Planning Commission’s continuance of consideration of the draft ordinance was based on the need for additional study of the impacts of large-scale warehouse/fulfillment center development, including aesthetic concer ns, traffic impacts, and economic impacts. The City Council may proceed with the ordinance as drafted, propose minor revisions to the ordinance as drafted, or request additional information related to impacts prior to taking action on the ordinance.
REVIEWED BY:
Department Director: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:
A. Draft Ordinance.
B. Legislative Draft Ordinance.
C. Planning Commission Staff Report and Backup Materials – November 17, 2021.
D. Planning Commission Minutes – November 17, 2021.
E. Planning Commission Subcommittee Recommendations and Materials.
F. Public Comment.
Item 2B - 5
ATTACHMENT A
Item 2B - 6
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING PALM
SPRINGS ZONING CODE SECTION CHAPTERS 92
AND 93 RELATIVE TO THE DEVELOPMENT
STANDARDS FOR THE M -2 (MANUFACTURING)
AND E-I (ENERGY INDUSTRIAL) ZONES.
City Attorney’s Summary
This Ordinance amends the P alm Springs Zoning
Code to make minor revisions to the development
standards for the M-2 (Manufacturing) and E-I (Energy
Industrial) zone districts to facilitate development of warehouse/fulfillment centers.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. The City of Palm Springs is a charter city organized pursuant to Article XI of the California Constitution and pursuant to the authority granted the City by Sections 5 and 7 of Article XI, the City has the power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs not in conflict with general laws and its own charter. Such police powers include without limitation the ability to adopt comprehensive zoning r egulations and regulations upon the use of land and property within the City; and
B. Pursuant to Article XI, Section 7 of the California Constitution, the City of Palm Springs may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare of its citizens; and
C. Pursuant to Section 94.07.01 of the Palm Springs Zoning Code (PSZC), the Director of Planning Services is authorized to initiate proceedings and recommend amendments to the Zoning Code; and
D. On November 17, 2021, the Planning Commission conducted a duly noticed public hearing to consider Case No. 5.1547 ZTA, an ordinance amending the Zoning Code relative to the development standards of the M-2 (Manufacturing) and E-I (Energy Industrial) zones (the “Zoning Text Amendment”) and, by a 4-3 vote, tabled the proposed amendment and directed staff to make revisions to the Zoning Text Amendment and reschedule the item for a future hearing; and
E. Pursuant to Palm Springs Municipal Code Section 2.06.030, members of the City Council filed notice with the City Clerk within 15 days of the Planning Commission action, requesting to review the decision of the Planning Commission to table Case 5.1547 ZTA; and
Item 2B - 7
Ordinance No. _____
F. Notice of a public hearing of the City Council of the City of Palm Springs to consider the Zoning Text Amendment was given in accordance with applicable law; and
J. On January 13, 2022, a duly noticed public hearing on the proposed Zoning Text Amendment was held by the City Council in accordance with applicable law where, by a ___ to ___ vote, the City Council adopted the Zoning Text Amendment; and
K. The proposed Zoning Text Amendment Ordinance is not subject to the California E nvironmental Quality Act (“CEQA”) (Public Resources Code Section 21000 et seq.) pursuant to Section 15060(c)(2) of the State Guidelines, because the Zoning Text Amendment will not result in a direct or reasonably foreseeable indirect physical change in the environment, and is not a “project” as that term is defined in Section 15378 of the State CEQA Guidelines. Furthermore, the proposed ordinance contemplates minor modifications to certain development standards but does not add to the list of permissible uses or allow significant increases in the scope or scale of development than is otherwise currently permitted. As projects are submitted and reviewed for compliance with this Zoning Text Amendment, the City will conduct CEQA review as required by law; and
L. The City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Zoning Text Amendment, including, but not limited to, the staff report, and all written and oral testimony presented; and
M. The City Council hereby finds that approval of the proposed Zoning Text Amendment would:
1. A ttract high-quality industrial development in accordance with Goal LU4 of the General Plan;
2. Promote opportunities for expansion of industrial uses within the City pursuant to Policy LU3.2 of the Land Use Element; and
3. Facilitate the development of industrial uses that co- exist with wind energy facilities, in accordance with the Land Use Element of the General Plan.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1
. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by the and through this Ordinance.
Item 2B - 8
Ordinance No. _____
SECTION 2. Amend Section 92.17.1.00 of Chapter 92 of the Palm Springs Zoning Code as follows:
92.17.1.00 “M-2” Manufacturing Zone.
The “M-2” manufacturing zone is intended to provide for the development of warehouse and distribution centers, and industrial uses which include fabrication, manufacturing, assembly or processing which do not in their maintenance, assembly, manufacture or plant operation create by-products to any degree which will adversely affect the resort-open space environment of the city.
SECTION 3. Add the following permitted use to Section 92.17.1.01(A) of Chapter 92 of the Palm Springs Zoning Code as follows:
11. Wholesale, warehouse, distribution, fulfillment, and import/export centers.
SECTION 4. A mend Section 92.17.1.03(C) of Chapter 92 of the Palm Springs Zoning Code as follows:
C. Building Height.
1. Buildings and structures shall have a height not greater than thirty (30) feet.
Buildings taller than thirty (30) feet may be permitted pursuant to Section C(2) below.
2. Exceptions.
a. Permitted Projections Above Building Height Limit. The provisions of Section 93.03.00 shall apply.
b.
Buildings and structures shall have a height not greater than forty (40) feet, provided that any portion of buildings in excess of thirty (30) feet are: (1) located on a parcel of not less than one (1) acre in size; and (2) set back one (1) foot from any property line for every one (1) foot of vertical rise. Buildings which exceed forty (40) feet in height may be permitted pursuant to the provisions of Sections 93.04.00 and 94.02.00.
Buildings of up to sixty (60) feet in height may be permitted, provided that: (1) the building is located on a parcel of not less than one (1) acre in size; (2) the building is located one thousand (1,000) feet or further from the Interstate 10 right-of- way; and (3) the building is set back one (1) foot from any property line for every one (1) foot of vertical height.
Item 2B - 9
Ordinance No. _____
c. Buildings of up to ninety -five (95) feet in height may be permitted, provided that: (1) the building is located on a parcel of not less than five (5) acres in size; (2) the building is located one thousand (1,000) feet or further from the Interstate 10 right-of-way; and (3) the building is set back one (1) foot from any property line for every one (1) foot of vertical height.
d. The provisions of Section 93.04.00 shall not apply to buildings in the M-2 (Manufacturing) zone.
SECTION 5. A mend Section 92.17.1.03(D)(2) of Chapter 92 of the Palm Springs Zoning Code as follows:
2. Front Yard. No building shall be erected closer than twenty-five (25) feet from the front property line. Parking bays, on local or collector streets only, shall be permitted within the front yard or street side yard; provided, the entire parking bay is located on private property.
Not less than twenty-five (25) fifteen (15)
percent of such yard shall
be landscaped and maintained.
SECTION 6. A mend Section 92.17.2.00 of Chapter 92 of the Palm Springs Zoning Code as follows:
92.17.2.00 “E-I” Energy Industrial Zone
The “E-I” energy industrial zone is intended to provide areas for alternative energy development and limited industrial and cultivation uses in those areas which by virtue of strong prevailing winds are ideally suited for large- scale development of wind energy. Alternative energy development is intended as the principal land use. The retention of open space is encouraged. No industrial use shall be permitted which, by the nature of its development or operation, will in any way adversely affect the resort environment of the City. The “E -I” energy industrial zone is intended to provide areas for alternative energy development, industrial development, and cultivation uses. By virtue of strong prevailing winds, the E -I zone is ideally suited for large- scale development of wind energy facilities.
Additionally, due to the E -I zone’s location north of Interstate 10 and isolation from the resort areas of the city, land in the E-I zone is ideally suited for manufacturing, assembly, cultivation and distribution of products and fulfillment activities, all of which are compatible with the goal of enhancing the city’s economic base. No industrial use shall be permitted, which by the nature of its development or operation, will adversely affect the resort environment of the city.
SECTION 7. Amend Section 92.17.2.01(A)(6) of Chapter 92 of the Palm Springs Zoning Code as follows:
Item 2B - 10
Ordinance No. _____
6. Wholesaling and warehousing Wholesale, warehouse, distribution, fulfillment, and import/export centers;
SECTION 8. Amend Section 92.17.2.03(C) of Chapter 92 of the Palm Springs Zoning Code as follows:
C. Height Limits.
1. Buildings and structures shall have a height not greater than thirty (30) feet. Buildings taller than thirty (30) feet may be permitted pursuant to Section C(2) below.
2. Exceptions.
a. Exceptions.
Projections above the height limit shall be
permitted according to the provisions of Section 93.03.00.
b. Buildings of up to sixty (60) feet in height may be permitted, provided that: (1) the building is located on a parcel of not less than one (1) acre in size; (2) the building is located one thousand (1,000) feet or further from the Interstate 10 right-of- way; and (3) the building is set back one (1) foot from any property line for every one (1) foot of vertical height.
c. Buildings of up to ninety -five (95) feet in height may be permitted, provided that: (1) the building is located on a parcel of not less than five (5) acres in size; (2) the building is located one thousand (1,000) feet or further from the Interstate 10 right-of-way; and (3) the building is set back one (1) foot from any property line for every one (1) foot of vertical height.
d. The provisions of Section 93.04.00 shall not apply to buildings in the E-I (Energy Industrial) zone.
2.3. WECS shall be subject to the requirements and standards contained in Section 94.02.00(H)(8) 93.23.07.
SECTION 9. Amend Section 92.17.2.03(D) of Chapter 92 of the Palm Springs Zoning Code as follows:
D. Yards.
1. General Provisions. Section 93.01.00 shall apply.
2. Energy Uses.
Item 2B - 11
Ordinance No. _____
a. The minimum setback from any property line shall be fifty (50) feet.
b. The setback for WECS shall be determined by the provisions of Section 94.02.00(H)(8) 93.23.07
.
3. Other Uses.
a. No building shall be erected closer than twenty -five (25) feet from the front property line. Not less than twenty-five (25)
fifteen (15) percent of such yard shall be landscaped and maintained.
b. Where the E-I zone abuts a street which is a boundary with a residential or open space zone, there shall be a yard abutting such street of not less than one hundred (100) feet. The twenty-five (25) feet nearest the street shall be landscaped and maintained. The remainder may be used for parking.
c. Where the E -I zone abuts property in a residential or open space zone, there shall be a yard of not less than one hundred (100) feet. The twenty-five (25) feet nearest the property line shall be landscaped and maintained. The remainder shall not be used for parking, loading or storage.
d. Landscaped buffers at least fifteen (15) feet in width may be required by the planning commission along interior yards.
SECTION 10
. Amend Section 92.17.2.03(F) of Chapter 92 of the Palm Springs Zoning Code as follows:
F. Coverage. Where a site is developed or approved for wind energy or other alternative energy purposes, any industrial use thereon shall not occupy an area greater than fifteen (15) percent of any lot or planned development. Where a site is not so developed or approved, Lot coverage by buildings or structures shall not exceed sixty (60) percent of any lot or planned development.
SECTION 11. Amend Section 93.06.00(D)(36) of Chapter 93 of the Palm Springs Zoning Code as follows:
D. Off-street Parking Requirements.
36. Warehousing, Distribution and Wholesaling. Wholesaling and Warehousing. One (1) space for each eight hundred (800) square Item 2B - 12
Ordinance No. _____
feet of gross floor area, plus one (1) space for each company truck or motor vehicle. Parking shall be provided in accordance with the table below:
Under 100,000 SF
total
1 space per 800 SF of gross floor area
100,001 SF and
greater
1 space per 1,000 SF for first 20,000 SF of gross floor area 1 space per 2,000 SF for next 20,000 SF of gross floor area 1 space per 5,000 SF of gross floor area thereafter
Loading spaces shall not be included in the off -street parking requirements listed above.
SECTION 12. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.
SECTION 13
. The proposed ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et. seq.) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as that term is defined in Section 15378 of the State Guidelines. Furthermore, the proposed ordinance contemplates modifications to certain development standards but does not add to the list of permissible uses or allow significant increases in the scope or scale of development than is otherwise currently permitted. As projects are submitted and reviewed for compliance with this Zoning Text Amendment, the City will conduct CEQA review as required by law
SECTION 14. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 13TH DAY OF JANUARY, 2022.
Item 2B - 13
Ordinance No. _____
LISA MIDDLETON
MAYOR
ATTEST:
ANTHONY J. MEJIA, MMC
CITY CLERK
Item 2B - 14
Ordinance No. _____
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on __________ and adopted at a regular meeting of the City Council held on __________ by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
ANTHONY J. MEJIA, MMC
CITY CLERK
Item 2B - 15
ATTACHMENT B
Item 2B - 16
Legislative Draft: 13 January 2022
Case 5.1547 ZTA
LEGISLATIVE DRAFT ORDINANCE
M-2 (Manufacturing) Zone: Proposed Changes
92.17.1.00 “M-2” Manufacturing Zone.
The “M-2” manufacturing zone is intended to provide for the development of warehouse and distribution centers, and industrial uses which include fabrication, manufacturing, assembly or processing which do not in their maintenance, assembly, manufacture or plant operation create by -products to any degree which will adversely affect the resort - open space environment of the city.
92.17.1.01 Uses Permitted.
A. Uses Permitted. Buildings, structures and land shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses. All uses shall be subject to the standards in Section 92.17.1.03.
1. All uses permitted in the “C -1,” “C -2,” “C -M,” “M -l-P” and “M -1” zones, Sections 92.12.01, 92.14.01, 92.15.01, 92.16.01 and 92.17.01, unless otherwise regulated herein.
2. Adult oriented business.
3. Animal day care;
4. Animal hospitals, including kennels;
5. Cannabis lounge or cannabis dispensary, subject to the property development standards contained in Section 93.23.15 of this Code;
6. Fabrication.
a. Manufactured housing and mobilehomes;
b. Cans and containers;
c. Cutlery, tableware, hand tools and hardware;
d. Wrought iron;
e. Fencing;
f. Metal buildings;
g. Ordinance and firearms, not including explosive; h. Vehicles, aircraft, boats and parts;
i. Railroad equipment;
j. Motorcycles, bicycles and parts;
k. Travel trailers and recreational vehicles.
7. Manufacturing.
a. Manufacturing, compounding, processing, packaging or treatment of such products as:
i. Meat and poultry products (if connected to an adequate sewer system),
Item 2B - 17
Legislative Draft: 13 January 2022
ii. Nonalcoholic beverages,
iii. Leather, including tanning and finishing,
iv. Glassware,
v. Concrete, gypsum, plaster and mineral products; b. Knitting, floor covering, and yarn and thread mills; c. Saw and planing mills;
d. Paper and paperboard mills;
e. Agricultural chemicals, not including pesticides and fertilizers; f. Stone cutting and related activities;
g. Glass blowing, pressing and cutting;
h. Machinery and shop:
i. Engines, turbines and parts,
ii. Farm, garden construction and industrial machinery, iii. Lighting and wiring.
8. Cannabis transportation and distribution facility, subject to the development standards contained in Section 93.23.15 of this Code;
9. Services.
a. Equipment sales, rental and storage;
b. Trailer and boat storage;
c. Auction houses, subject to Municipal Code Chapter 5.04; d. Caretaker’s residence (one thousand (1,000) square feet maximum), as an accessory use.
10. Emergency Shelters. Emergency Shelters are defined as housing for homeless persons for interim occupancy intended for a period of less than 6 months whereby no person is denied occupancy because of an inability to pay rent.
11. Wholesale, warehouse, distribution, fulfillment, and import/export centers.
B. Similar Uses Permitted by Commission Determination. The commission may, by resolution, permit any other uses which it may determine to be similar to those listed above, in conformity with the intent and purpose of this zone, and not more obnoxious or detrimental to the public health, safety and welfare, or to other uses permitted in this zone, as provided in Section 94.01.00. All uses shall be subject to the property development standards in Section 92.17.1.03.
C. Uses Permitted by Land Use Permit.
1. Uses permitted by land use permit in the “M -l-P” and “M -l” zones, Sections 92.16.01(C), and 92.17.01(C), unless otherwise permitted;
2. Operations and facilities providing tours of alternative energy facilities.
D. Uses Permitted by Conditional Use Permit. The following uses may be permitted subject to approval of a conditional use permit, as provided in Section 94.02.00:
1. Uses permitted by conditional use permit in the “M -l-P” and “M -1” zones, Sections 92.16.01(D), and 92.17.01(D), unless otherwise permitted;
2. Acid and abrasives manufacturing;
Item 2B - 18
Legislative Draft: 13 January 2022
3. Ambulance services, and accessory uses customarily incident to the permitted use; provided that, the site is located at least five hundred (500) feet from any property zoned residential;
4. Bail bond offices;
5. Brewery, distillery or winery;
6. Check cashing facilities;
7. Concrete batch plants and asphalt plants;
8. Disposal service operations;
9. Energy Uses.
a. Solar energy facility,
b. Wind energy conversion sys tems (WECS), subject to the requirements and standards contained in Section 94.02.00(H)(8), c. Cogeneration facilities,
d. Natural gas powered electric generation plants that do no exceed two hundred (200) megawatts in size;
10. Fertilizer production, organic or inorganic;
11. Heavy equipment storage and rental;
12. Kennels;
13. Meat packing plants, not including slaughtering or rendering of animals;
14. Cannabis cultivation facility, subject to the development standards contained in Section 93.23.15 of this Code;
15. Cannabis manufac turing facility, subject to the development standards contained in Section 93.23.15 of this Code;
16. Cannabis testing facility, subject to the development standards contained in Section 93.23.15 of this Code;
17. Paints and varnishes manufacturing and incidental storage;
18. Paper storage and recycling, not within a building;
19. Pawn brokers;
20. Petroleum and bulk fuel storage, above ground;
21. Poultry and egg processing;
22. Natural gas storage, above ground;
23. Nightclubs/cocktail lounges as a primary use;
24. Recycling of wood, metal and construction wastes.
92.17.1.02 Uses Prohibited.
The following uses are expressly prohibited in the “M-2” zone, and shall not be permitted by Commission determination or by conditional use permit.
A. Residential uses, other than for a caretaker as specifically permitted.
B. The following manufacturing uses:
1. Bone black plant;
2. Carbon black and lamp black plant;
3. Charcoal manufacturing plant;
4. Chemical plant (except for agricultural products);
5. Coal and coke plant;
6. Detergents, soaps and by-products using animal fat; Item 2B - 19
Legislative Draft: 13 January 2022
7. Gas manufacturing plant;
8. Glue manufacturing plant;
9. Graphite manufacturing plant;
10. Insulation manufacturing plant;
11. Insulation manufacturing plant (flammable types);
12. Metal extraction and smelting plant;
13. Metal ingots, pigs, casting or rolling mill;
14. Paraffin manufacturing plant;
15. Petroleum and petroleum products plant;
16. Serum, toxin and virus manufacturing laboratory;
17. Sugar and starch manufacturing plant;
18. Turpentine manufacturing plant;
19. Wax and wax products manufacturing plant;
20. Wool pulling or scouring plant.
C. The following processing uses:
1. Animal by-products processing;
2. Carbon black and lamp black refining;
3. Chemical (except agricultural);
4. Coal and coke processing;
5. Detergents and soap processing;
6. Dog and cat food processing;
7. Fish by-products;
8. Fruit by-products;
9. Grain milling and sacking;
10. Petroleum and petroleum products processing or refining;
11. Potash works;
12. Printing ink processing;
13. Radium or uranium extraction;
14. Rubber reclaiming or processing;
15. Salt works;
16. Smelting works;
17. Soap works;
18. Sulfuric acid processing or bottling;
19. Vinegar processing or refining;
20. Volatile or poisonous gas storage or processing;
21. Wood and lumber kilns for industrial kiln-drying;
22. Wood preserving by creosote or other pressure impregnation of wood by preservations.
92.17.1.03 Property Development Standards.
The following property development standards shall apply to all land and buildings in the M-2 zone, except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site.
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Legislative Draft: 13 January 2022
These standards may be altered where a specific development plan is approved under a planned development or a conditional use permit or otherwise approved master plan of development where the development meets the intent of this Zoning Code.
A. Lot Area. Except where lot sizes are otherwise established by an approved master plan, each lot shall have a minimum area of twenty thousand (20,000) square feet, except that lots which abut a major or secondary thoroughfare shall have a minimum area of forty thousand (40,000) square feet.
B. Lot Dimensions.
1. Width. Each lot shall have a minimum width of one hundred fifty (150) feet, except that lots which abut a major or secondary thoroughfare shall have a minimum width of two hundred (200) feet.
2. Depth. Each lot shall have a minimum depth of one hundred (100) feet, except that lots which abut a major or secondary thoroughfare shall have a minimum depth of two hundred (200) feet.
C. Building Height.
1. Buildings and structures shall have a height not greater than thirty (30) feet.
Buildings taller than thirty (30) feet may be permitted pursuant to Section C(2) below.
2. Exceptions.
a. Permitted Projections Above Building Height Limit. The provisions of Section 93.03.00 shall apply.
b. Buildings and structures shall have a height not greater than forty (40) feet, provided that any portion of buildings in excess of thirty (30) feet are: (1) located on a parcel of not less than one (1) acre in size; and (2) set back one (1) foot from any property line for every one (1) foot of vertical rise. Buildings which exceed forty (40) feet in height may be permitted pursuant to the provisions of
Sections 93.04.00 and 94.02.00. Buildings of up to sixty (60) feet in height may be permitted, provided that: (1) the building is located on a parcel of not les s than on e (1) acre in size; (2) the building is located one thousand (1,000) feet or further from the Interstate 10 right-of-way; and (3) the building is set back one (1) foot from any property line for every one (1) foot of vertical height. c. Buildings of up to ninety -five (95) feet in height may be permitted, provided that: (1) the building is located on a parcel of not less than five (5) acres in size; (2) the building is located one thousand (1,000) feet or further from the Interstate 10 right-of-way; and (3) the building is set back one (1) foot from any property line for every one (1) foot of vertical height.
d. The provisions of Section 93.04.00 shall not apply to buildings in the M-2 (Manufacturing) zone.
D. Yards.
Item 2B - 21
Legislative Draft: 13 January 2022
1. General Provisions.
a. The provisions of Section 93.01.00 shall apply. b. The following provisions shall apply to lots which front on private, as well as public, streets.
2. Front Yard. No building shall be erected closer than twenty -five (25) feet from the front property line. Parking bays, on local or collector streets only, shall be permitted within the front yard or street side yard; provided, the entire parking bay is located on priv ate property. Not less than twenty-five (25) fifteen (15) percent of such yard shall be landscaped and maintained.
3. Yard—Transition. Where a nonresidential lot abuts the boundary line of a residential zone, the side or rear yard which is adjacent to the residential zone shall have a minimum width or depth of twenty (20) feet regardless of any other provisions of this Zoning Code.
a. Industrial establishments in the M -2 Zone, abutting a street which is a residential zone boundary, shall establ ish and maintain a landscaping screen not less than twenty-five (25) feet wide. b. Where M-2 industrial property abuts residential property there shall be a six (6) foot masonry wall on the property line with the ten (10) feet nearest the wall in a landscaping screen.
c. Where a six (6) foot masonry wall exists on the residential property line or within one (1) foot of such property line, the required six (6) foot masonry wall may be waived; however, the required ten (10) foot landscaping screen shall be installed and maintained.
d. Where the M-2 zone abuts an alley, no building shall be erected less than twenty -five (25) feet from the side of the alley opposite the subject property.
E. Walls, Fences and Landscaping. Walls, fences and landscaping shall be installed as required in Section 93.02.00 or as stated in Section 92.17.1.03(D). All walls shall be constructed of solid masonry materials.
1. Exception. Walls shall not exceed eight (8) feet in height in any interior side or rear yard. Walls not to exceed eight (8) feet in height may en croach into any front yard not more than five (5) feet.
F. Coverage. Lot area coverage by buildings or structures shall not exceed sixty (60) percent of the total lot area.
G. Access. The provisions of Section 93.05.00 shall apply.
H. Off-street Parking. The provisions of Section 93.06.00 shall apply.
I. Off-street Loading and Trash Areas.
1. The provisions of Section 93.07.00 shall apply.
2. Loading docks which are located within one hundred fifty (150) feet of a residential zone boundary shall be screened from view from the residential area.
Item 2B - 22
Legislative Draft: 13 January 2022
J. Signs. The provisions of Section 93.20.00 shall apply.
K. Outdoor Storage and Waste Disposal.
1. Outdoor storage and activities associated with permitted uses shall be adequately screened from view from any public street or abutting residential property by a solid masonry wall. Such wall shall return along any interior side property line which is perpendicular to such public street or residential property for a distance of not less than twenty -five (25) feet. Other fencing may be of chain link, or other open style, if the entire length of such fence is landscaped so to screen the storage area from view. Such landscaping shall be allowed to grow to eight (8) feet in height and shall be adequately maintained and irrigated. Items shall no t be stacked or stored higher than the wall if located within twenty -five (25) feet from any public street or residential property. All enclosures and stored materials must comply with fire department regulations for access and fire protection.
2. No materials or wastes shall be deposited or stored in such form or manner that they may be transferred off the lot by normally-occurring natural causes or forces. Wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored only in closed containers in required enclosures.
L. Antennas. The provisions of Section 93.08.00 shall apply.
M. Public Art. The provisions of Section 93.11.00 shall apply.
92.17.1.04 Performance Standards.
A. Fire and Explosion Hazards.
1. All storage of and activities involving inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequa te firefighting and fire -suppression equipment and devices standard in the industry. All incineration is prohibited; or
2. The storage and handling of flammable liquids, liquefied petroleum, gases and explosives shall comply with the state rules and regulations. Bulk storage of flammable liquids, liquid petroleum, gases and explosives above ground shall be unlawful, except gasoline and lubricating fuel oil. Storage below ground shall be permitted; provided, all tanks shall be located not closer to any property line than the greatest depth of the bottom of the buried tank. All incineration is prohibited.
B. Radioactivity or Electrical Disturbance. Devices which radiate radio -frequency energy shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located. Radio - frequency energy is electromagnetic energy at any frequency in the radio spectrum between ten (10) kilocycles and three million (3,000,000) megacycles.
Item 2B - 23
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C. Noise. The provisions of Chapter 11.74 of the Municipal Code shall apply.
D. Vibration. Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on any boundary line of the lot on which the use is located.
E. Emission of Smoke, Dust, Heat and Glare. Every use shall be so operated that it does not emit smoke, dust, heat or glare in such quantities or degree as to be readily detectable on any boundary line of the lot on which the use is located.
F. Emission of Odors/Gas.
1. Odor. The emission of obnoxious odors of any kind shall not be remitted.
2. Gas. No gas shall be emitted which is deleterious to the public health, safety or general welfare.
92.17.1.05 Property Maintenance Standards.
All properties shall be subject to property maintenance standards established in Section
93.19.00. E-I (Energy Industrial) Zone: Proposed Changes
92.17.2.00 “E-I” Energy Industrial Zone
The “E -I” energy industrial zone is intended to provide areas for alternative energy development and limited industrial and cultivation uses in those areas which by virtue of strong prevailing winds are ideally suited for large -scale development of wind energy.
Alternative energy development is intended as the princ ipal land use. The retention of open space is encouraged. No industrial use shall be permitted which, by the nature of its development or operation, will in any way adversely affect the resort environment of the City. The “E-I” energy industrial zone is intended to provide areas for alternative energy development, industrial development, and cultivation uses. By virtue of strong prevailing winds, the E-I zone is ideally suited for large-scale development of wind energy facilities. Additionally, due to the E -I zone’s location north of Interstate 10 and isolation from the resort areas of the city, land in the E -I zone is ideally suited for manufacturing, assembly, cultivation and distribution of products and fulfillment activities, all of which are compatible with the goal of enhancing the city’s economic base. No industrial use shall be permitted, which by the nature of its development or operation, will adversely affect the resort environment of the city.
92.17.2.01 Uses Permitted.
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Legislative Draft: 13 January 2022
A. Uses Permitted. Building, structures and land shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses. All uses shall be subject to the standards in Section 92.17.2.03.
1. Accessory uses to permitted uses; provided, such uses are established on the same parcel as, and do not substantially alter the character of, the principal use:
a. Storage of trucks and other vehicles,
b. Storage of materials and machinery,
c. Offices and maintenance shop structures,
d. Caretaker’s residence two thousand (2,000) square feet maximum, e. Meteorological towers under two hundred (200) feet in height;
2. Fabrication.
a. Manufactured housing and mobilehomes,
b. Cans and containers,
c. Cutlery, tableware, hand tools and hardware,
d. Wrought iron,
e. Fencing,
f. Metal buildings,
g. Ordinance and firearms, not including explosives, h. Vehicles, aircraft, boats, parts and repairs,
i. Railroad equipment,
j. Motorcycles, bicycles and parts,
k. Travel trailers and recreational vehicles;
3. Manufacturing.
a. Agricultural chemicals, not including pesticides and fertilizers, b. Bakeries,
c. Bottling plants,
d. Ceramic products using only previously pulverized clay and fired in kilns using only electricity or gas,
e. Electronics (electrical and related parts, electrical appliances, electrical devices, motors, and radio, television and phonograph), f. Furniture upholstering,
g. Garment manufacturing,
h. Glass blowing, pressing and cutting,
i. Instruments (electronic, medical and dental tools, precision, and timing and measuring),
j. Knitting, floor covering, and yarn and thread mills, k. Laboratories (dental, electrical, optical, mechanical and medical), l. Lumber yard (including incidental millwork but not including planing mill),
m. Machinery and Shop.
i. Blacksmith and forging shop,
ii. Cabinet or carpenter shop,
iii. Electric motor rebuilding,
iv. Engines, turbines and parts,
v. Farm, garden construction and industrial machinery, Item 2B - 25
Legislative Draft: 13 January 2022
vi. Lighting and wiring,
vii. Machine shop,
viii. Sheet metal shop,
ix. Welding shop,
x. Painting and powder coating,
n. Manufacturing (compounding, processing, packaging or treatment of such products as):
i. Bakery goods,
ii. Candy,
iii. Concrete, gypsum, plaster and mineral products, iv. Cosmetics,
v. Drugs,
vi. Food products,
vii. Fruit and vegetables (packing only),
viii. Glassware,
ix. Honey extraction plant,
x. Leather,
xi. Nonalcoholic beverages,
o. Manufacture and maintenance of electrical and neon signs, p. Manufacturing, compounding, assembly or treatment of articles or merchandise from the following previously-prepared materials:
i. Canvas,
ii. Cellophane,
iii. Cloth,
iv. Cork,
v. Felt,
vi. Fiber,
vii. Fur,
viii. Glass,
ix. Leather,
x. Metals,
xi. Paper (no milling),
xii. Plaster,
xiii. Plastic,
xiv. Precious or semiprecious stones or metals,
xv. Rubber,
xvi. Shells,
xvii. Textiles,
xviii. Tobacco,
xix. Wood,
xx. Yarns,
q. Novelties and holiday paraphernalia,
r. Office and related machinery (audio and vi sual machinery, computers),
s. Paper and paperboard mills,
t. Pharmaceutics (cosmetics, drugs, perfumes, soap and toiletries), Item 2B - 26
Legislative Draft: 13 January 2022
u. Rubber and metal stamps,
v. Shoes,
w. Stone cutting and related activities,
x. Textiles;
4. Processing.
a. Carpet and rug cleaning,
b. Cleaning and dyeing,
c. Laundry;
5. Services.
a. Governmental facilities,
b. Newspaper publishing,
c. Ice and cold storage plant,
d. Offices (business, professional and research), e. Printing, lithographing, publishing,
f. Public utility service yards,
g. Radio and television broadcasting;
6. Wholesaling and warehousing Wholesale, w arehouse, distribution, fulfillment, and import/export centers;
7. Cannabis transportation and distribution facility, subject to the development standards contained in Section 93.23.15 of this Code.
B. Similar Uses Permitted by Commission Determination. The commission may, by resolution, permit any other uses which it may determine to be similar to those listed above, in conformity with the intent and purpose of this zone, and not more obnoxious or detrimental to the public health, safety and welfare, or to other uses permitted in this zone, as provided in Section 94.01.00. All uses shall be subject to the property development standards in Section 92.17.2.03 and the performance standards in Section 92.17.2.04.
C. Uses Permitted by Land Use Permit.
1. Modifications to existing WECS, subject to the requirements and standards contained in Section 94.02.00(H)(8);
2. Meteorological towers in excess of two hundred (200) feet in height;
3. Operations and facilities providing tours of alternative energy facilities;
4. Recycling collection center;
5. Vehicle impound yards.
D. Uses Permitted by Conditional Use Permit. The following uses may be permitted subject to approval of a conditional use permit, as provided in Section 94.02.00:
1. Acid and abrasives manufacturing;
2. Animal hospitals, shelters or kennels;
3. Brewery, distillery or winery;
4. Chemical plating shop;
5. Concrete batch plants and asphalt plants;
6. Disposal service operations;
7. Energy Use.
a. Solar energy facility,
Item 2B - 27
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b. Wind energy conversion systems (WECS), subject to the requirements and standards contained in Section 94.02.00(H)(8), c. Co-generation facilities;
8. Fertilizer production;
9. Meat packing plants, not including slaughtering or rendering of animals;
10. Cannabis cultivation facility, subject to the development standards contained in Section 93.23.15 of this Code;
11. Cannabis manufacturing facility, subject to the development standards contained in Section 93.23.15 of this Code;
12. Cannabis testing facility, subject to the development standards contained in Section 93.23.15 of this Code;
13. Natural gas storage, above ground;
14. Paints and varnishes manufactured and incidental storage;
15. Paper storage and recycling, outdoor;
16. Petroleum and bulk fuel storage, above ground;
17. Planing mill;
18. Poultry and egg processing;
19. Recycling/salvage center.
92.17.2.02 Uses Prohibited.
The following uses are expressly prohibited in the “E -I” zone, and shall not be permitted by commission determination or by conditional use permit:
A. Residential uses, other than for a caretaker as specifically permitted;
B. The following manufacturing uses:
1. Bone black plant,
2. Carbon black and lamp black plant,
3. Charcoal manufacturing plant,
4. Chemical plant (heavy or industrial),
5. Coal and coke plant,
6. Detergents, soaps and by-products using animal fat,
7. Gas manufacturing plant,
8. Glue manufacturing plant,
9. Graphite manufacturing plant,
10. Insulation manufacturing plant (flammable types),
11. Metal extraction and smelting plant,
12. Metal ingots, pigs, casting or rolling mill,
13. Paraffin manufacturing plant,
14. Petroleum and petroleum products plant,
15. Serum, toxin and virus manufacturing laboratory,
16. Sugar and starch manufacturing plant,
17. Turpentine manufacturing plant,
18. Wax and wax products manufacturing plant,
19. Wool pulling or scouring plant;
Item 2B - 28
Legislative Draft: 13 January 2022
C. The following processing uses:
1. Animal by-products processing,
2. Carbon black and lamp black refining,
3. Chemical (heavy or industrial),
4. Coal and coke processing,
5. Detergents and soap processing,
6. Dog and cat food processing,
7. Fish by-products,
8. Fruit by-products,
9. Grain milling and sacking,
10. Petroleum and petroleum products processing or refining,
11. Potash works,
12. Printing ink processing,
13. Radium or uranium extraction,
14. Rubber reclaiming or processing,
15. Salt works,
16. Smelting works,
17. Soap works,
18. Sulfuric acid processing or bottling,
19. Vinegar processing or refining,
20. Volatile or poisonous gas storage or processing,
21. Wood and lumber kilns for industrial kiln-drying,
22. Wood preserving by creosoting or other pressure impregnation of wood by preservations.
92.17.2.03 Property Development Standards.
The following property development standards shall apply to all land and buildings in the “E-I” zone, except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site.
These standards may be altered where a specific development plan is approved under a planned development or a conditional use permit or otherwise approved master plan of development where the development meets the intent of this Zoning Code.
A. Lot Area. Each lot shall have a minimum area of five (5) acres.
B. Lot Dimensions.
1. Each lot shall have a minimum width of two hundred fifty (250) feet.
2. Each lot shall have a minimum depth of two hundred fifty (250) feet.
C. Height Limits.
1. Buildings and structures shall have a height not greater than thirty (30) feet.
Buildings taller than thirty (30) feet may be permitted pursuant to Section C(2) below.
Item 2B - 29
Legislative Draft: 13 January 2022
2. Exceptions.
a. Exceptions. Projections above the height limit shall be permitted according to the provisions of Section 93.03.00.
b. Buildings of up to sixty (60) feet in height may be permitted, provided that: (1) the building is located on a parcel of not less than one (1) acre in size; (2) the building is located one thousand (1,000) feet or further from the Interstate 10 right-of-way; and (3) the building is set back one (1) foot from any property line for every one (1) foot of vertical height.
c. Buildings of up to ninety -five (95) feet in height may be permitted, provided that: (1) the building is located on a parcel of not less than five (5) acres in size; (2) the building is located one thousand (1,000) feet or further from the Interstate 10 right-of-way; and (3) the building is set back one (1) foot from any property line for every one (1) foot of vertical height.
d. The provisions of Section 93.04.00 shall not apply to buildings in the M-2 (Manufacturing) zone.
2.3. WECS shall be subject to t he requirements and standards contained in Section 94.02.00(H)(8) 93.23.07.
D. Yards.
1. General Provisions. Section 93.01.00 shall apply.
2. Energy Uses.
a. The minimum setback from any property line shall be fifty (50) feet. b. The setback for WECS shall be determi ned by the provisions of Section 94.02.00(H)(8) 93.23.07.
3. Other Uses.
a. No building shall be erected closer than twenty-five (25) feet from the front property line. Not less than twenty-five (25) fifteen (15) percent of such yard shall be landscaped and maintained.
b. Where the E -I zone abuts a street which is a boundary with a residential or open space zone, there shall be a yard abutting such street of not less than one hundred (100) feet. The twenty -five (25) feet nearest the street shall be landscaped and m aintained. The remainder may be used for parking.
c. Where the E -I zone abuts property in a residential or open space zone, there shall be a yard of not less than one hundred (100) feet.
The twenty -five (25) feet nearest the property line shall be landscaped and maintained. The remainder shall not be used for parking, loading or storage.
d. Landscaped buffers at least fifteen (15) feet in width may be required by the planning commission along interior yards.
E. Walls, Fences and Landscaping. The provisions of Section 93.02.00 shall apply.
Exception.
Item 2B - 30
Legislative Draft: 13 January 2022
1. Fences and walls shall not exceed eight (8) feet in height in any required interior side or rear yard.
2. Barbed wire may be used for security purposes at alternate energy installations.
F. Coverage. Where a site is developed or approved for wind energy or other alternative energy purposes, any industrial use thereon shall not occupy an area greater than fifteen (15) percent of any lot or planned development. Where a site is not so developed or approved, Lot coverage by buildings or structures shall not exceed sixty (60) percent of any lot or planned development.
G. Access. The provisions of Section 93.05.00 shall apply.
H. Off-street Parking. The provisions of Section 93.06.00 shall apply.
I. Off-street Loading and Trash Areas. The provisions of Section 93.07.00 shall apply.
J. Signs. The provisions of Section 93.20.00 shall apply.
K. Outdoor Storage.
1. Outdoor storage and activities associated with permitted uses s hall be adequately screened from view from any public street or abutting residential property by a solid masonry wall. Such wall shall return along any interior side property line which is perpendicular to such public street or residential property for a distance of not less than twenty -five (25) feet. Other fencing may be of chain link, or other open style, if the entire length of such fence is landscaped so to screen the storage area from view. Such landscaping shall be allowed to grow to eight (8) feet i n height and shall be adequately maintained and irrigated. Items shall not be stacked or stored higher than the wall if located within twenty -five (25) feet from any public street or residential property. All enclosures and stored materials must comply wit h fire department regulations for access and fire protection.
2. All enclosures and stored materials must comply with fire department requirements for access and fire protection.
3. No materials or waste shall be deposited or stored in any form or manner that they may be transferred off the lot by normally-occurring natural causes or forces. Waste which might cause dust or fumes or which constitutes a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored only in closed containers in required enclosures.
L. Antennas. The provisions of Section 93.08.00 shall apply.
M. Public Art. The provisions of Section 93.11.00 shall apply.
Item 2B - 31
Legislative Draft: 13 January 2022
92.17.2.04 Performance Standards.
The uses established or placed into operation after the effective date of this Zoning Code, shall comply at all times hereafter with the following limitations or performance standards.
A. Energy Uses. The provisions of Section 94.02.00(H)(8) shall apply.
B. Other Uses.
1. Fire and Explosion Hazards.
a. All storage of and activities involving inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire suppression equipment and devices standard in the industry. All incineration is prohibited; or
b. The storage and handling of flammable liquids, liquefied petroleum, gases and explosives shall comply with the state rules and regulations. Bulk storage of flammable liquids, liquid petroleum, gases and explosives above ground shall be unl awful, except gasoline and lubricating fuel oil. Storage below ground shall be permitted; provided, all tanks shall be located not closer to any property line than the greatest depth of the bottom of the buried tank.
All incineration is prohibited.
2. Radioactivity or Electrical Disturbance. Devices which radiate radio - frequency energy shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located. Radio-frequency energy is electromagnetic energy at any frequency in the radio spectrum between ten (10) kilocycles and three million (3,000,000) megacycles.
3. Noise. The provisions of Chapter 11.74 of the Municipal Code shall apply.
4. Vibration. Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on any boundary line of the lot on which the use is located.
5. Emission of Smoke, Dust, Heat and Glare. Every use shall be so operated that it does not emit smoke, dust, heat or glare in such quantities or degree as to be readily detectable on any boundary line of the lot on which the use is located.
6. Emission of Odors/Gas. The emission of obnoxious odors of any kind shall not be permitted. No gas shall be emitted which is deleterious to the public health, safety or general welfare.
92.17.2.05 Property Maintenance Standards.
The provisions of Section 93.19.00 shall apply.
Item 2B - 32
Legislative Draft: 13 January 2022
Parking Requirements: Proposed Changes
93.06.00 Off-Street Parking.
D. Off-street Parking Requirements.
36. Warehousing, Distribution and Wholesaling. Wholesaling and Warehousing. One (1) space for each eight hundred (800) square feet of gross floor area, plus one (1) space for each company truc k or motor vehicle. Parking shall be provided in accordance with the table below:
Under 100,000 SF total 1 space per 800 SF of gross floor area 100,001 SF and greater 1 space per 1,000 SF for first 20,000 SF of gross floor area 1 space per 2,000 SF for next 20,000 SF of gross floor area 1 space per 5,000 SF of gross floor area thereafter
Loading spaces shall not be included in the off-street parking requirements listed above.
Item 2B - 33
ATTACHMENT C
Item 2B - 34
PLANNING COMMISSION STAFF REPORT
DATE: NOVEMBER 17, 2021 PUBLIC HEARING
SUBJECT: REQUEST BY THE CITY OF PALM SPRINGS FOR A ZONE TEXT AMENDMENT TO PALM SPRINGS ZONING CODE CHAPTER 92 AND
CHAPTER 93 RELATIVE TO DEVELOPMENT STANDARDS FOR THE M- 2 (MANUFACTURING) AND E -I (ENERGY INDUSTRIAL) ZONES (CASE
5.1547 ZTA). (FF)
FROM: Development Services Department
SUMMARY:
This is a request for amendments to the development standards for the M-2 (Manufacturing) and E -I (Energy Industrial) zones relative to the development of warehouse facilities and fulfillment centers. The proposed amendments include revisions to building height limits, parking requirements, and other minor corrections and modifications.
RECOMMENDATION:
1. Open the hearing and receive testimony;
2. Recommend approval of the proposed ordinance to the City Council.
SCOPE OF REVIEW:
1. The Planning Commission shall review the Zone Text Amendment (Case #5.1546 ZTA) and forward a recommendation to the City Council pursuant to PSZC Section
94.07.01(A)(4).
BACKGROUND INFORMATION:
Planning staff members have conducted several pre-submittal conferences recently with developers of proposed warehouse/fulfillment centers, which have revealed issues with the City’s current development standards regarding height limits and parking requirements. As the zone districts adjacent to the freeway interchange of I-10 and North Indian Canyon Drive are most conducive to fulfillment center development, it is proposed that modifications be made to certain development standards for the M-2 (Manufacturing) and E -I (Energy Industrial) zones to facilitate warehouse and fulfillment center Item 2B - 35
Planning Commission Staff Report
November 17, 2021 – Page 2 of 6
Case 5.1547 ZTA
development.
ANALYSIS:
The M-2 and E -I zone districts are limited to the general vicinity of the I -10 and North Indian Canyon Drive interchange, and do not occur elsewhere in the city. The map below shows the location of the zone districts:
LOCATION OF THE M-2 AND E-I ZONE DISTRICTS
Due to the proximity to the freeway interchange, the area is ideal for the development of warehouses and fulfillment centers. However, the current height limit and parking requirements have made it difficult to develop such facilities, as they do not take into account the current logistics that are required for facility operations.
In determining what may be appropriate for modifications to height and parking requirements, staff evaluated the requirements from other cit ies that have a significant number of warehouse and distribution facilities (Colton, Fontana, Moreno Valley, San Item 2B - 36
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Planning Commission Staff Report
November 17, 2021 – Page 3 of 6
Case 5.1547 ZTA
Bernardino). In addition, staff evaluated the development standards for the city of Desert Hot Springs, as it shares a common border with the area in question. A comparison of development standards is included in the table below:
Comparison of Development Standards
City Height Lot Coverage Parking Requirements
Palm Springs 30’/40’ 60% 1/800 SF
Colton 50’ or CUP None
First 10,000 SF: 1/1000 SF
All additional: 1/2000 SF
Office: 1/250 SF
Desert Hot
Springs 50’ or CUP1 75% 1/750 SF
Fontana 75’ 60%
First 20,000 SF: 1/1000 SF
Next 20,000 SF: 1/2000 SF
All additional: 1/5000 SF
Moreno Valley None None
First 20,000 SF: 1/1000 SF
Next 20,000 SF: 1/2000 SF
All additional: 1/4000 SF
San Bernardino None 75%
1-3,000 SF: 1/250 SF
3,001-5,000 SF: 1/500 SF
5,001-10,000 SF: 1/750 SF
10,001-50,000 SF: 1/1000 SF
50,001+ SF: 1/1250 SF
1Height limit shown is for the I-L zone district; there is no height limit in the I-E zone district.
As detailed above, several of the comparison cities have a by-right height limit of 50 feet or greater; two of the cities (Moreno Valley, San Bernardino) do not impose a height limit in industrial zone districts. Lot coverage requirements are generally less restrictive than those imposed by the City of Palm Springs. With the exception of Desert Hot Springs, each of the cities has a less restrictive parking requirement than Palm Springs.
In comparing parking requirements, the table below is intended to show the result of the parking requirements imposed by each of the cities that were evaluated by listing the total number of parking spaces that would be required for a one -million (1,000,000) square foot fulfillment center:
City Parking Spaces Required:
1,000,000 SF Fulfillment Center
Fontana 222 Spaces
Moreno Valley 270 Spaces
Colton 505 Spaces
San Bernardino 800 Spaces
Palm Springs 1,250 Spaces
Desert Hot Springs 1,333 Spaces
Item 2B - 37
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November 17, 2021 – Page 4 of 6
Case 5.1547 ZTA
As can be seen, the parking requirements for each city result in a wide variation in the number of spaces required for a fulfillment center. The cities on the lower end of the spectrum appear to have recently updated their parking requirements (e.g., the City of Fontana updated their parking requirements in February 2020), while those that are more restrictive do not appear to have had any recent updates.
Another factor that must be taken into account in the modification of development standards is the functional needs of such facilities. The height of fulfillment centers is determined by the internal configuration of racking facilities (shelving systems for storing goods) and how those racking systems are accessed. Based on research, there are two main systems in use currently: Narrow aisle racking systems, and mezzanine racking systems. Narrow aisle racking systems utilize a NA (narrow aisle) or VNA (very narrow aisle) forklift to retrieve goods from rack systems that are as high as 50 feet above fl oor level. The rack height of these facilities is limited currently by fire suppression systems, and the height constraints of forklift equipment. Based on current rack height and forklift capabilities, buildings utilizing a narrow aisle racking system will result in a building height of approximately 55 to 60 feet (please see Attachment 2 for additional information about narrow aisle racking system design). Mezzanine racking systems, which are commonly used for e-commerce fulfillment centers, do not have the same height limitations as the narrow aisle racking systems. Because mezzanine racking systems use either human or automated goods collection, height is not limited by either forklift equipment or fire suppression systems (as fire sprinklers can be located on each mezzanine level).
Consequently, fulfillment center buildings using a mezzanine racking system can be taller than 55 feet in overall height.
In reviewing information from other cities and industry standards for fulfillment centers, it is proposed that development standards for the M-2 and E-I zone districts be modified as follows:
Standard Current Proposed
Height • 30’ base height
• 40’ with 1:1 setback
• 30’ base height
• 60’ where 1000’ from freeway, min. 1 -acre
parcel, 1:1 setback required
• 95’ where 1000’ from freeway, min. 5 -acre
parcel, 1:1 setback required
Lot Coverage • 60% (M-2)
• 15% - 60% (E-I)
• 60% (M-2)
• 60% (E-I)
Parking:
Warehouse
Use
1 space/800 SF
• Under 100,000 SF: 1/800 SF
• Over 100,000 SF:
First 20,000: 1/1000 SF
Next 20,000: 1/2000 SF
All additional: 1/5000 SF
Item 2B - 38
Planning Commission Staff Report
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Case 5.1547 ZTA
The proposed modification to the height limit in the M -2 and E -I zone districts will accommodate the height need for warehouses and fulfillment centers, regardless of the racking system used. Any building with a proposed height over 30 feet would be required to be a minimum of 1,000 feet from the I-10 freeway right-of-way, and would be required to have a minimum setback equal to the building height from all property lines. In addition, buildings between 30’ and 60’ in height would need to be located on pa rcel with a minimum size of one acre, and any building between 60’ and 95’ in height would need to be located on a parcel with a minimum size of five acres. Please note that these height limits do not apply to WECS (Wind Energy Conversion Systems) in the E-1 zone district, which are governed by the height restrictions and setbacks listed in PSZC Section
93.23.07. As for lot coverage, it is recommended that the 60% lot coverage limitation in the M -2 zone be retained. While this is lower than the lot coverage permitted in some of the other cities that were evaluated, it should be adequate based the proposals that have been submitted to the City to date, while still retaining adequate area for parking, landscape buffers, and stormwater management. The E -I z one currently has a lot coverage requirement of 15% whe re a WECS system is in place on the property, but allows 60% lot coverage for all other uses. It is proposed that a standard 60% lot coverage requirement be adopted, as PSZC Section 93.23.07 governs accessory uses on any property with WECS facilities.
It is recommended that parking requirements for the warehouse/fulfillment center use be revised as the current standard will mostly result in unused parking spaces and excessive paved areas that contribute to the heat island effect and stormwater runoff issues. Staf f is proposing that a “split” parking standard be used, whereby buildings under 100,000 square feet in gross floor area would utilize a 1/800 parking ratio, and buildings over 100,000 square feet would utilize a sliding scale model similar to that adopted by the City of Fontana. It should be noted that the parking space s required do not include loading spaces for the facility, which would be required in addition to the minimum number of parking spaces provided.
ENVIRONMENTAL ANALYSIS:
The proposed ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et. seq.) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as that term is defined in Section 15378 of the State Guidelines. As projects are submitted and reviewed for compliance with this amendment, the City will conduct CEQA review as required by law.
CONCLUSION:
The proposed revisions to the M -2 and E -I zone districts will assist in supporting the Item 2B - 39
Planning Commission Staff Report
November 17, 2021 – Page 6 of 6
Case 5.1547 ZTA
development of warehouse and fulfillment center uses in an area where such uses can be appropriately accommodated. Additional setback requirements have been included to mitigate any potential impacts of the increased height, and other development standards such as lot coverage requirements and buffer requirements have been retained to protect adjacent development. The proposed revisions are consistent with General Plan policies and the standards of the zoning code; consequently, staff recommends approval of the proposed revisions.
PREPARED BY: Flinn Fagg
ATTACHMENTS:
1. Draft Resolution and Legislative Draft Ordinance
2. Design Guidelines for Fulfillment Centers – HPA Architecture
3. Photos – Examples of Fulfillment Center Racking Configurations
Item 2B - 40
ATTACHMENT #1
Item 2B - 41
RESOLUTION NO. ____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM SPRINGS, CALIFORNIA, RECOMMENDING THAT THE
CITY COUNCIL APPROVE AND ADOPT AN ORDINANCE
AMENDING PALM SPRINGS ZONING CODE CHAPTERS 92 AND
93 RELATIVE TO THE DEVELOPMENT STANDARDS FOR THE
M-2 (MANUFACTURING) AND E -I (ENERGY INDUSTRIAL)
ZONES.
THE PLANNING COMMISSION FINDS AND DETERMINES AS FOLLOWS:
A. The City of Palm Springs is a charter city organized pursuant to Article XI of the California Constitution and pursuant to the authority granted the City by Sections 5 and 7 of Article XI, the City has the power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs not in conflict with general laws and its own charter. Such police powers include without limitation the ability to adopt comprehensive zoning regulations and regulations upon the use of land and property within the City; and
B. Pursuant to Article XI, Section 7 of th e California Constitution, the City of Palm Springs may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare of its citizens; and
C. Pursuant to Section 94.07.01(A)(1) of the Palm Springs Zoning Code (PSZC), the Development Services Director may initiate proceedings to amend the Zoning Code; and
D. Due notice of a public hearing of the Planning Commission of the City of Palm Springs was given in accordance with applicable law to consider Case
5.1547 ZTA, an ordinance amending the development standards for M-2 (Manufacturing) and E -I (Energy Industrial) zone districts (the “Zoning Text Amendment”); and
E. On November 17, 2021, the Planning Commission conducted a duly noticed public hearing to consider the Zoning Text Amendment; and
F. The Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Zoning Text Amendment, including, but not limited to, the staff report, and all written and oral testimony presented; and
G. The Planning Commission hereby finds that approval of the proposed Zoning Text Amendment would:
1. Update development standards for warehouses and fulfillment centers while maintaining the overall aesthetic standards of the Item 2B - 42
Resolution No. _____