Palm Springs City Council
May 12, 2022

Ownership Status
July 2020 Purchase by the current owners.

BELOW AN AERIAL VIEW OF THE RESIDENCE

BELOW A WESTERLY VIEW FROM THE FRONT YARD OF THE RESIDENCE

Item - 2B 94
Historic Site Preservation Board Staff Report: April 5, 2022 HSPB-142 – The Gillman Residence

The dwelling at 574 W est Mariscal Drive was designed and constructed in 19 48 by architectural designer Herbert W. Burns. The home was originally constructed as a five- room, wood-frame structure that is clad in stucco and had additions in 1952 and 1955 during the period of significance (Post WWII) and one addition in 1986 after the period of significance. The image below from the report depicts the additions completed over time.

ANALYSIS:

Historic Preservation activities in Palm Springs are regulated under Municipal Code 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).

Item - 2B 95
Historic Site Preservation Board Staff Report: April 5, 2022 HSPB-142 – The Gillman Residence

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 Gillman residence exhibits exceptional historic significance because of its association with architect Herbert Burns and is a noteworthy example of a custom-home design from the mid-twentieth century period using Late Moderne design.

(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 that the home was original designed and built for Dr. George Gillman and Sadie Gillman, who well-respected leaders of the Jewish community in Palm Springs.

The report also identifies a subsequent owner, Gary Allen Cockrell, who was associated with associated with theater and film productions in the 1950s and 1960s. However, there are no persons associat ed with the Gillman residence who made a meaningful contribution to local, state or national history. Therefore, the site does not qualify under Criterion #2.

(Criterion 3) The resource reflects or exemplifies a particular period of national, state or local history;
Item - 2B 96
Historic Site Preservation Board Staff Report: April 5, 2022 HSPB-142 – The Gillman Residence

On page 27, the report explains that the Gillman Residence reflects the “Post-World War II Palm Springs” period as a prime example of significant Post-war architecture for which Palm Springs is internationally known. The custom-designed residence by Herbert Burns reflects Late Moderne style that is an early example of M odern residential architecture, which would come to define the Palm Springs School of Architecture and may be viewed as an important component of historic trends locally. Consequently, 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;

As a typical wood-framed structure with simple materials, the Gillman residence does not qualify as a historic resource 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 28, the report states that the Gillman residence possesses high artistic values as a structure expressing the theme of Modern architecture and more specifically the Late Moderne style. In th e case of this ho me, t he characteristics of this design include, “a flat roof, emphas is on ho rizontal lines and planes; stucco walls; louvered redwood ceiling; Arizona sandstone fireplace pylons and opposing piers; uplit eyebrow soffits over interior doors and windows; box grid with obscure glass panes; and a splayed, asymmetrical layout ,” according to the report. Staff concurs that home qualifies as a historic resource under Criterion #5.

(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 Gillman 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, Item - 2B 97
Historic Site Preservation Board Staff Report: April 5, 2022 HSPB-142 – The Gillman Residence

materials, workmanship, location, setting, feeling, or association.

Beginning on page 29 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 Gillman Residence remains in the same location that it was constructed, thus it retains integrity of location.

2. Design:

The report identifies that the Gillman Residence has retained, largely intact, the essential characteristics of form, plan , space, st ructures, confi guration, and style (with the exception of the 1986 addition ). Burns’ signature material, the Arizona s andstone, remains on the pylons and piers; the distinctive box grid with o bscure glass panes has been restored ; and although most la ndscape has been replaced , the interior pool courtyard has been rehabili tated to honor the intent of the original design . Thus, The Gillman Residence exhibits integrity of design.

3. Setting:

The report analyzes the quality of Setting on page 31. As noted, the home’s setting as a modern single-family home with long, low horizontality and painted in colors found at the site and surrounding, helped the structure fit naturally into the setting . The home was sited towards the rear corner of the lot by Herbert Burns to take advantage of the mountain views. Th us, the setting of the residence c ontinues to reflect the original design relationship of the site and structure.

4. Materials:

The report indicates some important character-defining features were removed, such as the Arizona sandstone, but during a property rehabilitation were replicated to restore the structure to reflect Burns’ design. The Gillman Residence retains its integrity of materials to reflect the Late Moderne design.

5. Workmanship:

As noted on page 30 of the report, “The Gillman Residence continues to reflect Herbert W. Burns’ original as -designed relationship between the structure and site. As is typical of other Burns-designed structures, the home was built using high-quality materials, and was fully insulated. The custom -designed home uses native materials to root it to the Item - 2B 98
Historic Site Preservation Board Staff Report: April 5, 2022 HSPB-142 – The Gillman Residence

desert—bold monoliths of Arizona sandstone, beautifully executed by expert masons; contemporary materials like obscure glass, stucco, steel express Burns’ forward-thinking contemporary style.” Thus, retains integrity of workmanship.

6. Feeling:

The Gillman Residence reflects informal and contemporary design of mid -century Late Moderne style of architecture in the post-war era in Palm Springs. According to the report, the home “is sited on large lot in the Chino Mesa Estates neigh borhood, which takes advantage of panoramic mountain views to the south, east, and north…and conveys the feeling of the mid-century modern period for which Palm Springs is internationally known.” Consequently, the residence retains its original integrity of feeling.

7. Association:

The residence is a prime example of Herbert Burns Late Moderne style of architecture, utilizing a secondary roofline, Arizona sandstone piers and pylons and bold box grid wall with obscure glass panes.

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 18, the report identifies the physical character-defining historic features of this site as follows:

• Flat-roofed one-story structure
• 1952 and 1955 additions
• Splayed, asymmetrical “L”-shaped layout wrapping north and west part of the site • Arizona sandstone pylons, piers and planting boxes
• Large box grid with horizontally fluted obscure glass • Deep overhangs to protect from sun
• Secondary roof eave supported by sandstone pier
• Redwood louvered ceiling in outdoor dining porch
• Mature native California Washingtonia filifera palm trees

Item - 2B 99
Historic Site Preservation Board Staff Report: April 5, 2022 HSPB-142 – The Gillman Residence

Non-contributing elements:

• Aluminum-framed window and sliding glass doors
• Drought-tolerant landscaping at the front of the house • 1980s addition
• Swimming pool (same location, but coping has changed) • Conical light sconces near garage
• Solar panels on roof
• Ductwork on roof

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.

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 Gilman Residence meets the definition of a historic resource based on Criteria #3 and #5 of the Palm Springs Historic Preservation Ordinance and possesses sufficient historic integrity to qualify as a Class 1 (Landmark) site.

PREPARED BY: David A. Newell, AICP, Assistant Planning Director

Attachments:

1. Vicinity Map

2. Draft Resolution

3. Application, related background materials, photos.

Item - 2B 100

EXCERPTS OF MINUTES

At the Historic Site Preservation Board meeting of the City of Palm Springs, held on April 5, 2022, the Historic Site Preservation Board took the following action:

2.A. APPLICATION BY BARBARA AND KEITH KIZZIAH, OWNERS, FOR HISTORIC DESIGNATION OF “THE GILLMAN RESIDENCE” LOCATED AT 574 WEST MARISCAL DRIVE (APN #504-281-012), CASE HSPB #142 (DN).

RECOMMENDATION:

1. Open the public hearing and receive public testimony.

2. Close the public hearing and adopt Resolution HSPB #142, “A RESOLUTION

OF THE HISTORIC SITE PRESERVATION BOARD OF THE CITY OF

PALM SPRINGS, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL DESIGNATE “THE GILLMAN RESIDENCE” LOCATED AT 574 WEST MARISCAL DRIVE, AS CLASS 1 (LANDMARK) HISTORIC
RESOURCE HSPB #142, SUBJECT TO CONDITIONS (APN 504 -281- 012).”

Assistant Planning Director David Newell narrated a PowerPoint presentation with details of the subject property.

Discussion followed regarding discrepancies in the consultant report and the staff report relative to Criterion No. 4.

Chair Hough opened the public hearing.

Steven Keylon, representing the property owners, explained Criterion No. 4 relative to materials and workmanship and agreed with the staff report.

Board Member Hansen stated it would be helpful to include the evaluation in the Table of Contents, in the future.

Vice Nelson noted that Page 28 of the consultant report, under Criterion No. 4, it states that the matter is not noteworthy in terms of the method of construction.

Mr. Keylon provided a brief history of the property and discussed its restoration.

Keith Kizziah, property owner, thanked the Board for its consideration; spoke about the community's commitment to preserve architectural gems; commented on their efforts at restoring residence to its original vision and expressed support for the application.

There were no other public comments and Chair Hough closed the public hearing.

Item - 2B 101

Members of the Board commended the property owners for their restoration efforts and congratulated Mr. Keylon for documenting and being part of the process.

Motion by Nelson, seconded by Rosenow, to adopt Resolution HSPB #142, “A

RESOLUTION OF THE HISTORIC SITE PRESERVATION BOARD OF THE CITY OF

PALM SPRINGS, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL DESIGNATE “THE GILLMAN RESIDENCE” LOCATED AT 574 WEST MARISCAL DRIVE, AS CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #142, SUBJECT TO CONDITIONS (APN 504-281-012).”

I, David Newell, Assistant Planning Director 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 5
th day of April 2022, by the following vote:

AYES: Hansen, Hough, Kiser, Miller, Nelson, Rose, Rosenow, NOES: None
ABSENT: None
ABSTAIN: None

_________________________
David Newell
Assistant Planning Director
Item - 2B 102
Item - 2B 103

RESOLUTION
NO.
142
A

RESOLUTION
OF
THE

HISTORIC
SITE

PRESERVATION
BOARD
OF
THE
CITY
OF
PALM

SPRINGS,

CALIFORNIA,

RECOMMENDING
THAT
THE
CITY

COUNCIL

DESIGNATE
"THE

GILLMAN
RESIDENCE"

LOCATED
AT
574
WEST

MARISCAL
DRIVE,
AS
CLASS
1 (LANDMARK)

HISTORIC

RESOURCE
HSPB
#142,

SUBJECT
TO

CONDITIONS
(APN
504-281-012).

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,
Barbara
and
Keith
Kizziah,
owners,
submitted
an
application
to
the
City
seeking
historic
site
designation
of
The
Gillman
Residence
located
at
57 4
West
Mariscal
Drive,
Case
HSPB
#142;
and
C.

WHEREAS,
in
March,
2022,
members
of
the
Historic
Site
Preservation
Board
(HSPB)
and
City
staff
conducted
site
inspections
of
the
proposed
historic
resource;
and
D.

WHEREAS,
on
April
5,
2022,
a
noticed
public
hearing
of
the
Palm
Springs
Historic
Site
Preservation
Board to
consider
Case
HSPB
#142
was
held
in
accordance
with
applicable
law;
and E.

WHEREAS,
at
the
said
hearing,
the
HSPB
carefully
reviewed
and
considered
all
of
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
'J
are
met:
a.

The
site,
structure,
building
or
object
exhibits
exceptional
historic
significance
and
meets
one
or
more
of
the
criteria
listed
below:

The
Gillman
residence
exhibits
exceptional
historic
significance
because
of
its
association
with
architect
Herbert
Burns
and
is
a
noteworthy
example
of
a
custom-home
design
from
the
mid­
twentieth
century
period
using
Late
Moderne
design.

Item - 2B 104
Resolution
No.

HSPB
142
-The
Gillman
Residence,
574
West
Mariscal
Drive
Page
2 of
6 April
5,
2022 (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
that
the
home
was
original
designed
and
built
for
Dr.

George
Gillman
and
Sadie
Gillman,
who
well-respected
leaders
of
the
Jewish
community
in
Palm
Springs.

The
report
also
identifies
a
subsequent
owner,
Gary
Allen
Cockrell,
who
was
associated
with
associated
with
theater
and
film
productions
in
the
1950s
and
1960s.

However,
there
are
no
persons
associated
with
the
Gillman
residence
who
made
a
meaningful
contribution
to
local,
state
or
national
history.

Therefore,
the
site
does
not
qualify
under
Criterion
#2.
(Criterion
3)
The
resource
reflects
or
exemplifies
a
particular
period
of
national,
state
or
local
history;
On
page
27,
the
report
explains
that
the
Gillman
Residence
reflects
the
"Post-World
War
II
Palm
Springs"
period
as
a
prime
example
of
significant
Post-war
architecture
for
which
Palm
Springs
is
internationally
known.

The
custom-designed
residence
by
Herbert
Burns
reflects
Late
Moderne
style
that
is
an
early
example
of
Modern
residential
architecture,
which
would
come
to
define
the
Palm
Springs
School
of
Architecture
and
may
be
viewed
as
an
important
component
of
historic
trends
locally.

Consequently,
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;
As
a
typical
wood-framed
structure
with
simple
materials,
the
Gillman
residence
does
not
qualify
as
a
historic
resource
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
28,
the
report
states
that
the
Gillman
residence
possesses
high
artistic
values
as
a
structure
expressing
the
theme
of
Modern
architecture
and
more
specifically
the
Late
Moderne
style.

In
the
case
of
this
home,
the
characteristics
of
this
design
include,
"a
flat
roof,
emphasis
on
horizontal
lines
and
planes;
stucco
walls;
louvered
redwood
ceiling;
Arizona
sandstone
fireplace
pylons
and
opposing
piers;
uplit
eyebrow
soffits
over
interior
doors
and
windows;
box
grid
with
obscure
glass
panes;
and
a
splayed,
asymmetrical
layout,"
according
to
the
report.

The
home
qualifies
as
a
historic
resource
under
Criterion
#5.

Item - 2B 105
Resolution
No.

HSPB
142
-The
Gillman
Residence,
574
West
Mariscal
Drive
Page
3 of
6 April
5,
2022 (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
Gillman
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.

FINDINGS:

PART
"B"

ANALYSIS
OF
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
29 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
Gillman
Residence
remains
in
the
same
location
that
it
was
constructed,
thus
it
retains
integrity
of
location.

2. Design:

The
report
identifies
that
the
Gillman
Residence
has
retained,
largely
intact,
the
essential
characteristics
of
form,
plan,
space,
structures,
configuration,
and
style
(with
the
exception
of
the
1986
addition).

Burns'
signature
material,
the
Arizona
sandstone,
remains
on
the
pylons
and
piers;
the
distinctive
box
grid
with
obscure
glass
panes
has
been
restored;
and
although
most
landscape
has
been
replaced,
the
interior
pool
courtyard
has
been
rehabilitated
to
honor
the
intent
of
the
original
design.

Thus,
The
Gillman
Residence
exhibits
integrity
of
design.

3. Setting:

The
report
analyzes
the
quality
of
Setting
on
page

31. As
noted,
the
home's
setting
as
a
modern
single-family
home
with
long,
low
horizontality
and
painted
in
colors
found
at
the
site
and
surrounding,
helped
the
structure
fit
naturally
into
the
setting.

The
home
was
sited
towards
the
rear
corner
of
the
lot
by
Herbert
Burns
to
take
advantage
of
the
mountain
views.

Thus,
the
setting
of
the
residence
continues
to
reflect
the
original
design
relationship
of
the
site
and
Item - 2B 106
Resolution
No.

HSPB
142
-The
Gillman
Residence,
574
West
Mariscal
Drive
Page
4 of
6 April
5,
2022
structure.

4. Materials:

The
report
indicates
some
important
character-defining
features
were
removed,
such
as
the
Arizona
sandstone,
but
during
a
property rehabilitation
were
replicated
to
restore
the
structure
to
reflect
Burns'
design.

The
Gillman
Residence
retains
its
integrity
of
materials
to
reflect
the
Late
Moderne
design.

5. Workmanship:

As
noted
on
page
30 of
the
report,
"The
Gillman
Residence
continues
to
reflect
Herbert
W.

Burns'
original
as-designed
relationship
between
the
structure
and
site.

As
is
typical
of
other
Burns-designed
structures,
the
home
was
built
using
high-quality
materials,
and
was
fully
insulated.

The
custom-designed
home
uses
native
materials
to
root
it
to
the
desert-bold
monoliths
of
Arizona
sandstone,
beautifully
executed
by
expert
masons;
contemporary
materials
like
obscure
glass,
stucco,
steel
express
Burns'
forward-thinking
contemporary
style."
Thus,
retains
integrity
of
workmanship.

6. Feeling:

The
Gillman
Residence
reflects
informal
and
contemporary
design
of
mid-century
Late
Moderne
style
of
architecture
in
the
post-war
era
in
Palm
Springs. According
to
the
report,
the
home
"is
sited
on
large
lot
in
the
Chino
Mesa
Estates
neighborhood,
which
takes
advantage
of
panoramic
mountain
views
to
the
south,
east,
and
north
...
and
conveys
the
feeling
of
the
mid­
century
modern
period
for
which
Palm
Springs
is
internationally
known."
Consequently,
the
residence
retains
its
original
integrity
of
feeling.

7. Association:

The
residence
is
a
prime
example
of
Herbert
Burns
Late
Moderne
style
of
architecture,
utilizing
a
secondary
roofline,
Arizona
sandstone
piers
and
pylons
and
bold
box
grid
wall
with
obscure
glass
panes.

In
conclusion,
The
Gillman
Residence
retains
a
high
degree
of
historic
integrity.

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.

Item - 2B 107
Resolution
No.

HSPB
142
-
The
Gillman
Residence,
574
West
Mariscal
Drive
Page
5 of
6 April
5,
2022
The
physical
character-defining
historic
features
of
this
site
include
the
following:

1. Flat-roofed
one-story
structure

2. 1952
and
1955
additions

3. Splayed,
asymmetrical
"L"-shaped
layout
wrapping
north
and
west
part
of
the
site

4. Arizona
sandstone
pylons,
piers
and
planting
boxes

5. Large
box
grid
with
horizontally
fluted
obscure
glass

6. Deep
overhangs
to
protect
from
sun

7. Secondary
roof
eave
supported
by
sandstone
pier

8. Redwood
louvered
ceiling
in
outdoor
dining
porch

9. Mature
native
California
Washingtonia
filifera
palm
trees
The
non-contributing
features
include
the
following:

1. Aluminum-framed
window
and
sliding
glass
doors

2. Drought-tolerant
landscaping
at
the
front
of
the
house

3. 1980s
addition

4. Swimming
pool
(same
location,
but
coping
has
changed)

5. Conical
light
sconces
near
garage

6. Solar
panels
on
roof

7. Ductwork
on
roof

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
the
environment,
directly
or
indirectly.

SECTION
5:

CONDITIONS
THAT
APPLY
TO
CLASS
1 HISTORIC
SITES.

According
to
Section

8.05 of
the
Municipal
Code,
the
following
shall
apply
to
a
Class
1 Historic
Resource:

1. It
shall
meet
the
definition
of
a
Class
1 historic
site
as
outlined
in
Municipal
Code
Section

8.05.020.

2. An
archival
file
on
the
property
shall
be
maintained
by
the
City.

3. It
may
be
qualified
as
'historic'
at
the
federal,
state,
and/or
county
level.

4. The
structure/site
may
not
be
modified
nor
objects
removed
without
following
the
procedures
outlined
in
Municipal
Code
Section

8.05.110
"Demolition
or
Alteration
of
Class
1 and
Class
2 Historic
Resources
-
Certificate
of
Appropriateness".

5. A
marker
explaining
the
historic
nature
of
the
site
may
be
installed
at
the
site
in
a
location
viewable
from
the
public
way.

Item - 2B 108
Resolution
No.

HSPB
142 -
The
Gillman
Residence,
57 4
West
Mariscal
Drive
Page
6 of
6 April
5,
2022

6. Compliance
with
all
rules
and
regulations
for
Historic
Sites
and
Historic
Districts
under
Chapter

8.05 of
the
Municipal
Code
shall
be
required.

7. The
site
shall
not
be
further
subdivided.

8. The
City
Clerk
shall
submit
the
Council
Resolution
to
the
County
recorder
for
recordation
within
90 days
of
the
effective
date
of
the
Council's
resolution.

Based
upon
the
foregoing,
the
HSPB
hereby
recommends
that
the
City
Council
designate
"The
Gillman
Residence"
located
at
574
West
Mariscal
Drive,
a
Class
1 Historic
Resource
(Case
HSPB
#142).

ADOPTED
THIS
FIFTH
DAY
OF
APRIL,
2022.

AYES: NOES: ABSENT: ABSTAIN: ATTEST: David
A.

Newell,
AICP
Assistant
Director
of
Planning
CITY
OF
PALM

SPRINGS,

CALIFORNIA

CITY COUNCIL STAFF REPORT
05/12/2022   2. C.

City Clerk -

SUBJECT
REQUEST BY JERRY G. JOHNSON OF V.I.P. MOTOR CARS, LTD. FOR A 12-MONTH REVIEW OF A CONDITIONAL USE PERMIT, CASE 5.1506 CUP, FOR

THE OPERATION OF AN OFF-SITE VEHICLE STORAGE FACILITY LOCATED AT 4193 EAST MATTHEW DRIVE, ZONE R-2, SECTION 30 (CASE 5.1506 CUP) RECOMMENDATION:

Open the public hearing and receive testimony.1.

Find the development to be in conformance to the Conditions of Approval and receive and file the report without further City Council review.

2. Attachments
Item 2C

CITY COUNCIL STAFF REPORT
DATE: M
ay 12, 2022 PUBLIC HEARING
SUBJECT: REQUEST BY JERRY G. JOHNSON OF V.I.P. MOTOR CARS, LTD. FOR A 12-MONTH REVIEW OF A CONDITIONAL USE PERMIT, CASE 5.1506

CUP, FOR THE OPERATION OF AN OFF -SITE VEHICLE STORAGE
FACILITY LOCATED AT 4193 EAST MATTHEW DRIVE, ZONE R -2, SECTION 30 (CASE 5.1506 CUP)
FROM: Justin Clifton, City Manager
BY: P lan
ning Division
SUMMARY:

This
is a request for a 12- month review of a Conditional Use Permit application, Case

5.1506 CUP, for the operation of an off -site vehicle storage facility located at 4193 East Matthew Drive for V.I.P. Motor Cars, Ltd. (4095 East Palm Canyon Drive) in accordance with Condition of Approval PLN 13 of City Council Resolution No. 24811 (Attachment 3).

RECOMMENDATION:

1. Open t
he public hearing and receive testimony.

2. F ind the development to be in conformance to the Conditions of Approval and recei
ve and file the report without further City Council review.

BUSINESS PRINCIPAL DISCLOSURE:

The na
me of the ownership entity is V.I.P. Motor Cars, Ltd. The owners/ investors of the entity consist of the following individuals: Frank D. Hickingbotham Family Limited Partnership (90%), Jerry G. Johnson (5%), and Gene Whisenhunt (5%). The Public Integrity Disclosure Form is attached to this Staff Report as Attachment 2.

BACKGROUND:

V.I
.P. Motor Cars, Ltd. is an existing automobile dealership located at 4095 East Palm Canyon Drive. On September 9, 2020, the Planning Commission reviewed a Conditional Use Permit (CUP) application, Case 5.1506 CUP, which proposed the business to utilize a portion of a property located at 4193 East Matthew Drive as an off-site vehicle storage facility. The Planning Commission voted 5-1 (Weremiuk opposed) to deny the application.

Item - 2C 1
City Council Staff Report
May 12, 2022 -- Page 2
Case 5.1506 CUP
Subse
quently, a Council member initiated a review of the Planning Commission’s decision on the application pursuant to Palm Springs Municipal Code Section 2.06.030 (‘Councilmember Review of Decisions’). On October 22, 2020, the City Council voted unanimously to overturn the Planning Com mission’s decision and approved the application subject to conditions of approval, which included the following added conditions:

PLN 13. Twelve (12) -Month Review Required. The City Council shall review this Conditional Use Permit at a noticed public hearing at 12 months from commencement of operations of the auto storage facility.

ENG 33. The City Engineer shall study and implement as may be warranted any pedestrian safety improvements immediately adjacent to the subject site, including the following:
• A
dditional signage near the school bus stop on Matthew
Drive, notifying drivers of the presence of school children; • Crosswalks and accompanying signage at adjacent
intersections where warranted;
• Other pedestrian enhancements as may be recommended by the City Engineer
The adopted resolution and associated Conditions of Approvals are attached to this report (Attachment 3). The construction of the off-site vehicle storage facility was completed on April 26, 2021, per Building Permit No. 2021-943.

STAFF ANALYSIS:

The ‘Pl
anning Department Conditions’ in Exhibit A of City Council Resolution No. 24811 (Attachment 3, page 6 & 7) provide conditions of approval relating to the operation of the off-site vehicle storage facility. Staff evaluated the conformance of the project with these conditions based on a site visit conducted on April 25, 2022, as detailed in the attached analysis sheet (Attachment 6). As part of the analysis, Staff requested from the Code Compliance Division any Code Compliance and Police Department records associated with the project site that was filed after the commencement of the facility operation on April 26, 2021. The search yielded only one (1) case, reported on December 25, 2021, for a warming fire in the open space directly east to the project site, which was most likely caused by a transient. The property owner has confirmed that this is an isolated incident, and there are no other issues of trespassing or loitering at the project site.

In response to Condition of Approval ENG 33, a ‘School Bus Stop Ahead’ sign was installed approximately 125 feet from the intersection of South Linden Way and East Matthew Drive (Attachment 7). The installation of pedestrian crossings with signage and Item - 2C 2
City Council Staff Report
May 12, 2022 -- Page 3
Case 5.1506 CUP
str
eet markings at the intersections of East Matthew Drive and South Cherokee Way and East Matthew Drive and South Linden Way, as well as pedestrian enhancements (installation of a 20-foot red curb and trimming of natural vegetation on the north side of East Matthew Drive at South Linden Way) will be completed as a part of the Riverside County Flood Control’s Line 41 project (Attachments 8 and 9).

Based on the Staff evaluation of the site’s conditions, Parking License Agreement, Code Compliance history, and the implementation of the pedestrian safety improvement plan as a part of the Riverside County’s Line 41 project , the operation of the off -site vehicle storage facility is in conformance with the conditions of approval specified in City Council Resolution No. 24811.

ENVIRONMENTAL ASSESSMENT:

The c
onstruction of the storage facility was completed on April 26, 2021, and the applicant is not proposing any site alterations at this time. The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities) , which involves the operation of an existing private structure without any expansion.

FISCAL IMPACT:

None.

REVIEWED BY:

Department Assistant Director: David A. Newell
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:

1. Vicin
ity Map

2. Public Integrity Disclosure Form

3. City Council Resolution No. 24811 and Conditions

4. City Council Staff Report Dated October 22, 2020 (excludes exhibits)

5. Recorded Parking License Agreement

6. Staff Analysis Sheet

7. ‘School Bus Stop Ahead’ Sign Work Order Sheet

8. Line 41 Pedestrian Crossings, Signage, and Street Markings

9. Pedestrian Enhancement Work Order Sheet

10. Aerial View

11. Site Photographs

12. Site Plan
Item - 2C 3
ATTAC
HMENT 1
Item - 2C 4
Depar
tment of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
Case 5.15
06 CUP
4193 East Matthew Drive (APN: 681-170-065)
V.I.P. Motor Cars, Ltd. Off-Site Vehicle Storage Facility Item - 2C 5
~
::::, ~
!I! w
Cl Cl
~ '===I, ~ SEMINOLE RD
~ /,
RMHP
a:: w
C :I:
~ u o· a:
~ CAMAR ILLQ _ z
R1A
Legend
~ Project Site
c==J 500-Foot Radius
Cl
CM
1! .z
R3
R2
020
•
.

W E .
.
.
s
MATTHEW D~--~--
ATTAC
HMENT 2
Item - 2C 6

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
\f .'.(.?. Mo{uv Curs L+J.

R.ECEl\JED

2. Address of Entity (Principle Place of Business)
t O 9 5 £ . r o.LV\ CM-.'( oV\- \).,,. , Pei [Wl 5f r ,'�1

3. Local or California Address (if different than #2) / U -------------------------------------

4. State where Entity is Registered with Secretary of State C4
If other than California. is the Entity also registered in California? n Ves n No

5. Type of Entity
¢corporation D Limited Liability Company D Partnership O Trust O Other (please specify) --------------------------------------------4

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity __ 'fv'--'u ....... l.v½, ......... _k_D_._�_-_v_k_�• ___ b_�� __ lt.,_W\. __ �Officer EDirector O Member O Manager [name]
O General Partner D Limited Partner
□ Other ___________ _
·····--·· -------------------------·
--� __ ,-_'l\t--G __ . _a_�_�_l\_6_0'v\ _____ g'officer 'xf'oirector □ Member □ Manager J [name]
0 General Partner D Limited Partner
□ Other ___________ _
1 ___ G-'-"---'e __ V\� ..... P _ ___.u}.....__�--'-.... _, 5_t_V\_h_lN_J-____ �fficer �irector O Member D Manager [name]
(Revised 05/16/19)
D General Partner D Limited Partner
□ Other ___________ _

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Item - 2C 7
r\

7. Owners/Investors with a 5% beneficial interest in the Acclicant Entity or a related entity EXAMPLE ! j-:; __ :· -� J ;'. {: •• :··, ,.,.----:.

JANEDOE 50%, ABC COMPANY, Inc.
[name of owner/investor] (percentage of beneficial interest in entity and name of entity)
A.
f,,ttt\k l) __ \t.��jh,f� IV\
!
�-]
'fO� lt�--�tfttMn Vo.iw1d
G�\l\•k · P W\,4"e,&�, f
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
0 ·CJ.e.aJG. ��n.50V\ bi
[name of owner/investor] [percentage of beneficial interest in entity and name _of e�tity] ..

C. t7eMf w��tM�""'�t S?o
[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 entitvl ··-
E.
[name of owner/investor] [percentage of beneficial interest in entity ... and name of entit�l_____ __ · -

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Date

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
(Revised 05/16/19)

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

II
j
I
Item - 2C 8
I
I
I
!
ATTAC
HMENT 3
Item - 2C 9
RESOLUTION NO. 24811

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING ON APPEAL

FROM THE PLANNING COMMISSION A CONDITIONAL
USE PERMIT (CUP) APPLICATION BY JERRY G.

JOHNSON OF V.I.P. MOTOR CARS, LTD. TO UTLIZE A
PORTION OF A THREE (3)-ACRE PARCEL FOR PHASE
ONE (1)-ONLY OFF-SITE VEHICLE STORAGE AT 4193
EAST MATTHEW DRIVE (CASE 5.1506 CUP).

THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

A. Jerry G. Johnson ("Applicant"), on behalf of V.I.P. Motor Cars, Ltd., has filed a Conditional Use Permit application with the City pursuant to Section 94.02.00 of the Zoning Code to utilize a portion of a three (3)-acre parcel for off-site vehicle storage at 4193 East Matthew Drive, Zone R-2, Section 30, APN: 681-170-065.

B. Pursuant to Palm Springs Zoning Code Section 92.03.01(C)(10), off-street parking, which is not accessory to uses permitted in the R-2 Zone, is allowed in the zone subject to a Conditional Use Permit and given that the property proposed for off­ site parking use shall abut a commercial zone or on an alley which is the boundary with such zone, and extends not more than one hundred fifty (150) feet from the boundary.

C. On September 9, 2020, the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the hearing on the project and voted 5 to 1 to deny the project.

D. On October 22, 2020, a public hearing on the Conditional Use Permit (CUP) application, Case 5.1506 CUP, was held by City Council in accordance with applicable law. The City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the proposed off-site vehicle storage facility, including but not limited to the staff report and all written and oral testimony presented.

E. The proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and has been determined to be Categorically Exempt as a Class 4 exemption (Minor Alterations to Land) pursuant to Section 15301 of the CEQA Guidelines.

F. The City Council has carefully reviewed and considered all of the evidence presented in connection with the Project, including but not limited to the staff report, and all written and oral testimony presented and finds that the Project complies with the requirements of Section 94.02.00 of the City's Zoning Code. The City Council makes the following findings based on specific evidence as described after each finding:
1) That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by the Zoning Code.

Item - 2C 10
Resolution No. 24811
Page2
The proposed off-site vehicle storage is similar to off-street parking in use.

Pursuant to Palm Springs Zoning Code Section 92.03.01(C)(10), off-street parking areas, which are not as an accessory to uses permitted in the R-2 Zone, are allowed in the zone subject to a Conditional Use Permit. The Section further states that " ... the property proposed for off-street parking use shall abut a commercial zone or on an alley which is the boundary with such zone, and extends not more than one hundred fifty (150) feet from the boundary." The project site abuts a C-M (Commercial Manufacturing) zone property to the west. The lot width measured along the south/rear property line is 121 feet, whereas the measurement taken on the north/front property line 234.5 feet. The application proposes to implement the project in two (2) phases. While the Phase I area is located within 150 feet from the zone· boundary, the area designated for Phase II is located out of the 150-foot limit. Although Phase II does not meet the distance requirement as proposed, the implementation of Phase II may be feasible with a future Variance and Conditional Use Permit (CUP) amendment approval. To ensure that the whole aspect of the proposed project meets this finding, a condition of approval, which requires Variance and CUP amendment approval for Phase II, to be imposed on the proposed project.

With this condition of approval, the project is fully consistent with the intent of the General Plan and meets this requirement.
2) That the use is necessary or desirable for the development of the community, is in harmony with the various elements of objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located.

The General Plan Land Use designation of the subject property is NCC (Neighborhood/Community Commercial). Within this land use designation area, a variety of commercial uses that service adjacent residential neighborhoods are encouraged. The proposed off-site vehicle storage will serve the V.I.P. Motor Cars, Ltd. automobile dealership, which services the region and nearby communities including the adjacent residential neighborhoods. Although the proposed use is affiliated with the auto dealership, no actual retail activities and sales transactions will take place at the site. To ensure that approval of this project will not create any detrimental impact on the surrounding uses, conditions of approval have been imposed. These conditions include a requirement that no customers are allowed at the site, the use is subject to the City's noise ordinance regulations, limit hours permitted for site access to be consistent with the business operation hours of V.I.P. Motor Cars, Ltd., and lighting fixtures for the storage area to be the type that is sensitive to the adjacent residential uses. The proposed project meets this finding with the implementation of the conditions of approval.
3) That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping, and other Item - 2C 11
Resolution No. 24811
Page3
features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood.

The project site is three (3) acres in size, and it is larger than a typical residential parcel. The site is developed with a 6-foot-high block along the west property line to create spatial separation from the adjacent use to the west, and the proposed landscaping along the East Matthew Drive frontage will provide screening to the apartment complex located to the north. The Phase II area is located out of the code-required area for off-street parking use in the R-2 Zone.

For Phase II to meet the size requirement, a condition of approval, which requires future Variance and CUP amendment approval for the implementation of Phase II, is imposed. With the implementation of this condition of approval, the project w_ill filly meet this required finding.
4) That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use.

According to the applicant, the expected number of daily trips which will be generated between the project site and auto dealership will be several times a day at the most. The distance between the auto dealership and the site is approximately 618 feet, and golf carts will be utilized as a means of transportation between the two (2) sites. South Cherokee Way and East Matthew Drive are both collector streets, which serve mostly local traffic. Since the business has on-site parking available at its primary location and the expected number of daily trips associated with the proposed use is insignificant, the streets are adequately designed to accommodate the traffic which will be generated by the proposed use. Hence, the proposed project conforms to this requirement.
5) That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards.

The intent of the proposed conditions of approval is to ensure the harmonious relationship between the proposed activity and the adjacent residential use. The proposed conditions of approval are necessary for the proposed use to fully conform to the applicable zoning regulations, minimize potential negative impact, and remain non-commercial. Therefore, the implementation of the proposed conditions of approval is necessary to protect the public health, safety, and general welfare.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS FOLLOWS:

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 and through this Resolution. Based upon the foregoing, the City Council hereby Item - 2C 12
Resolution No. 24811
Page4
approves Case 5.1506 CUP, which allows V.I.P. Motor Cars, Ltd. to utilize a portion of a three (3)-acre parcel located at 4139 East Matthew Drive for Phase I-only off-site vehicle storage subject to conditions attached to this Resolution.

ADOPTED THIS 22ND DAY OF OCTOBER, 2020.

David H. Read:ftti�
ATTEST:
bi�

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. 24811 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 October 22, 2020, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers Garner, Middleton, Woods, and Mayor Kors None
Mayor Pro Tern Holstege
None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 4-k day of N, ·-.Je m � , �2.zJ Item - 2C 13
-
RESOLUTION NO. 24811

EXHIBIT A
Case 5.1506 CUP
V.I.P. Motor Cars, Ltd.
4193 East Matthew Drive
October 22, 2020

CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Director of Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition.

Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney.

ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case

5.1506 CUP, except as modified the conditions below.

ADM 2. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply.

ADM 3. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code.

ADM 4. Indemnification. The owner, lessee, applicant and successors and assigns (collectively "applicant") shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1506 CUP. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to Item - 2C 14
Resolution No. 24811

cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs.

Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein.

ADM 5. Time Limit on Commencement of Use. The time limit for commencement of the use authorized by this conditional use permit shall be two (2) years from the effective date of approval. A conditional use permit shall become effective after an elapsed period of fifteen (15) days from the date of the decision by the commission authorizing the permit.

ADM 6. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05. Permits will not be issued until the appeal period has concluded.

ADM 7. Grounds for Revocation. Non-compliance with any of the conditions of this approval or with City codes and ordinances, State laws; any valid citizen complaints or policing and safety problems (not limited to noise, disturbances, signs, etc) regarding the operation of the establishment; as determined by the Chief of Police or the Director of Building and Safety, may result in proceedings to revoke the Conditional Use Permit. In addition, violations of the City Codes and Ordinances will result in enforcement actions which may include citations, arrest, temporary business closure, or revocation of this permit in accordance with the law.

ADM 8. Comply with City Noise Ordinance. This use and property shall comply with the provisions of Chapter 11.74 (Noise Ordinance) of the Palm Springs Municipal Code. Violations may result in revocation of this Conditional Use Permit (CUP).

Ordinance Time of Day Ordinance dBA Limits
7:00 AM to 6:00 PM 50
6:00 PM to 10:00 PM 45
10:00 PM to 7:00 AM 40
ADM 9. Conditional Use Permit Availability. The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers.

Item - 2C 15
Resolution No. 24811

PLANNING DEPARTMENT CONDITIONS
PLN 1. No On-Site Commercial Activities Permitted. Vehicle storage is the only activity permitted at the site, and no retail or sales transactions shall take place at the site.

PLN 2. Permitted Personnel. The vehicle storage area shall be accessible to the employees of V.I.P. Motor Cars, Ltd. only. No customer access is permitted.

PLN 3. Property Maintenance Standards. The property shall be maintained in accordance with Palm Springs Zoning Code Section 93.19.00 (Property Maintenance Standards).

PLN 4. Permitted Vehicles. The site shall be utilized for storage of vehicles owned by V.I.P. Motor Cars, Ltd. only. Storage of vehicles that are owned by other entities or individuals is prohibited. Any commercial vehicles parked at the site shall be removed immediately following the approval of this Conditional Use Permit application by the Planning Commission.

PLN 5. Sub-Leasing Not Permitted. V.I.P. Motor Cars, Ltd. shall not sub-lease the vehicle storage area to other entities or individuals.

PLN 6. On-Site Vehicle Repair. Maintenance, and Car Washing Prohibited. There shall be no repair, maintenance, or washing of vehicles conducted at the site.

PLN 7. On-Site Signage Prohibited. There shall be no on-site signage advertising V.I.P. Motor Cars, Ltd.

PLN 8. Outside Storage Prohibited. Outside storage of any goods, materials, or products other than the vehicles owned by V. I. P. Motor Cars, Ltd. is prohibited.

PLN 9. Exterior Alterations. Any exterior alterations to the site, which include but are not limited to, incidental landscaping, installation of outdoor lighting fixtures, gate installation, and installation of a high curb, shall be reviewed and approved via Minor Architectural Review (MAA) in accordance with Palm Springs Zoning Code Section 94.04.00 ("Architectural Review"). Exterior lighting fixtures shall be the type that is compatible with the adjacent residential use.

PLN 10. Parking License Agreement. V.I.P. Motor Cars, Ltd. shall have a parking license agreement in effect with the property owners as long as the business continues to utilize the property for off-site vehicle storage. Should there be any amendment to the agreement, V.I.P. Motor Cars, Ltd. shall be responsible for submitting an amended parking license agreement to the Item - 2C 16
Resolution No. 24811

Department of Planning Services and the Department of Engineering Services for review.

PLN 11. Recordation of Parking License Agreement Required. The Parking License Agreement shall be recorded with the County of Riverside.

PLN 12. CUP for Phase I Only. This Conditional Use Permit (CUP) is for the implementation of Phase I only. The implementation of Phase II shall not be permitted unless a Variance application and an amendment to this CUP are both approved by the Planning Commission to address the 150-foot-distance requirement.

PLN 13. Twelve (12)-Month Review Required. The City Council shall review this Conditional Use Permit at a noticed public hearing at 12 months from commencement of operations of the auto storage facility.

DEPARTMENT OF ENGINEERING SERVICES CONDITIONS
The Engineering Services Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances.

Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer.

All Grading Plans, Improvement Plans, Required Studies and Documents listed below, must be submitted to Engineering Services Department for review and approval.

STREETS
ENG 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. All improvements are subject to inspection and a 24 to 48 hour inspection notification is required.

MATTHEW DRIVE
ENG 2.

ENG 3.

Construct a 24 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall be located approx. 135 feet from the centerline of Linden Way.

All broken or off grade street improvements along the project frontage shall be repaired or replaced.

Item - 2C 17
Resolution No. 24811

ON-SITE
ENG 4.

ENG 5.

ENG6.

ENG7.

GRADING
ENG 8.

The on-site layout of drive aisles and parking spaces is subject to further review and approval by the City Engineer. Adjustment of proposed street alignments, and deletion or relocation of proposed parking spaces may be required during review and approval of construction plans for on-site improvements, as required by the City Engineer. Approval of the preliminary site plan does not constitute approval of the on-site layout of streets and parking spaces as proposed.

The minimum pavement section for all on-site pavement (drive aisles and parking spaces) shall be 2-1/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.

On-site drive aisles and parking lot shall be constructed with curbs, gutters, and cross-gutters, as necessary to accept and convey surface drainage of the on-site improvements to the on-site drainage system, in accordance with applicable City standards.

Reciprocal access easement shall be prepared in a form acceptable to the City Engineer providing unlimited and unrestricted access to the existing single family residence. Easement shall grant the applicant an exclusive right to construct, operate and maintain the proposed parking lot improvements. The reciprocal access easement shall be executed by the appropriate parties prior to issuance of a permit, and shall be recorded, and copy of same provided to the City Engineer, prior to issuance of a grading permit.

Submit a Precise Grading Plan prepared by a California registered Civil engineer to the Engineering Services Department for review and approval.

The Precise Grading Plan shall be approved by the City Engineer prior to issuance of grading permit.

Item - 2C 18
Resolution No. 24811

ENG 9.

ENG 10.
a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Services Department for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Services Department with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM1 O" Dust Control issues, please contact AQMD at (909) 396-3752, or at http://www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Services Department prior to approval of the Grading plan.
b. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report; a copy of the project-specific Final Water Quality Management Plan.

Prior to approval of a Grading Plan (or issuance of a Grading Permit), the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist ( a copy of the written approval must be provided to the City) . The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at ACBCI­ [email protected] to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring.

In accordance with an approved PM-10 Dust Control Plan, temporary dust control perimeter fencing shall be installed. Fencing shall have screening Item - 2C 19
Resolution No. 24811

ENG 11.

ENG 12.

ENG 13.

ENG 14.

ENG 15.

ENG 16.

ENG 17.
that is tan in color; green screening will not be allowed. Temporary dust control perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations.

Temporary dust control perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into the perimeter fence screening shall not be allowed. Perimeter fencing shall be adequately anchored into the ground to resist wind loading.

Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on-site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer.

Prior to issuance of grading permit, the applicant shall provide verification to the City that the Tribal Habitat Conservation Plan (THCP) fee has been paid to the Agua Caliente Band of Cahuilla Indians in accordance with the THCP.

A Notice of Intent (NOi) to comply with the California General Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified September 2, 2009) is required for the proposed development via the California Regional Water Quality Control Board online SMARTS system.

A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer prior to issuance of a grading or building permit.

In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre (if there is disturbance of 5,000 square feet or more) at the time of issuance of grading permit for mitigation measures for erosion/blowsand relating to this property and development.

A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Services Department with the first submittal of a grading plan. (if required) In cooperation with the California Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance Item - 2C 20
Resolution No. 24811

document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-782- 3271).

WATER QUALITY MANAGEMENT PLAN
ENG 18.

ENG 19.

ENG 20.

This project shall be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating contaminated stormwater and non-stormwater runoff, shall be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat contaminated stormwater and non-stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. Such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development (if any).

A Final Project-Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading or building permit. The WQMP shall address the implementation of operational Best Management Practices (BMP's) necessary to accommodate nuisance water and storm water runoff from the on-site private parking lot drive aisles. Direct release of nuisance water to adjacent public streets is prohibited. Construction of operational BMP's shall be incorporated into the Precise Grading and Paving Plan.

Prior to issuance of any grading or building permits, the property owner shall record a "Covenant and Agreement" with the County-Clerk Recorder or other instrument on a standardized form to inform future property owners of the requirement to implement the approved Final Project­ Specific Water Quality Management Plan (WQMP). Other alternative instruments for requiring implementation of the approved Final Project­ Specific WQMP include: requiring the implementation of the Final Project- Item - 2C 21
Resolution No. 24811

DRAINAGE
ENG 21.

ENG 22.

ENG 23.

GENERAL
ENG 24.

ENG 25.

Specific WQMP in Home Owners Association or Property Owner Association Covenants, Conditions, and Restrictions (CC&Rs); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Community Service Areas responsible for implementing the Final Project­ Specific WQMP; or equivalent. Alternative instruments must be approved by the City Engineer prior to issuance of any grading or building permits.

All stormwater runoff across the property shall be accepted and conveyed in a manner acceptable to the City Engineer and released to an approved drainage system. Stormwater runoff may not be released directly to the adjacent streets without first intercepting and treating with approved Best Management Practices (BMPs).

All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. No more than 40-50% of the street frontage parkway/setback areas should be designed as retention basins. On-site open space, in conjunction with dry wells and other subsurface solutions should be considered as alternatives to using landscaped parkways for on-site retention.

The project is subject to flood control and drainage implementation fees.

The acreage drainage fee at the present time is $8419.37 per acre in accordance with Resolution No. 15189. Fees shall be paid prior to issuance of a building permit.

Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115.

All proposed utility lines shall be installed underground.

Item - 2C 22
Resolution No. 24811

ENG 26.

ENG 27.

ENG 28.

ENG 29.

ENG 30.

TRAFFIC
ENG 31.

ENG 32.

ENG 33.

All existing utilities shall be shown on the improvement plans if required for the project. The existing and proposed service laterals shall be shown from the main line to the property line.

Upon approval of any improvement plan (if required) by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats.

Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval by the City Engineer.

The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented with record drawing "as-built" information and returned to the Engineering Services Department prior to issuance of a final certificate of occupancy.

Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction.

Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D.

All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904.

Construction signing, lighting and barricading shall be provided during all phases of construction as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 "Temporary Traffic Control" of the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction.

This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit.

The City Engineer shall study and implement as may be warranted any pedestrian safety improvements immediately adjacent to the subject site, including the following:

Item - 2C 23
Resolution No. 24811

• Additional signage near the school bus stop on Matthew Drive, notifying drivers of the presence of school children;
• Crosswalks and accompanying signage at adjacent intersections where warranted;
• Other pedestrian enhancements as may be recommended by the City Engineer

FIRE DEPARTMENT CONDITIONS
FID 1.

FID 2.

FID 3.

FID4.

These Fire Department conditions may not provide all requirements.

Owner/developer is responsible for all applicable state and locally adopted fire codes. Detailed plans are still required for review. Conditions are subject to final plan check and review.

Fire Department Conditions were based on the 2019 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix "T" Development Requirements.

Conditions of Approval - "Conditions of Approval" received from the Palm Springs Planning Department must be submitted with each plan set. Failure to submit will result in a delay of plan approval.

Plans and Permits (CFC 105.1 ):

Permits and scaled drawings are required for this project. Plan reviews can take up to 20 working days. Submit a minimum of three (3) sets of drawings for review. Upon approval, the Fire Prevention Bureau will retain one set.

Plans shall be submitted to:

City of Palm Springs
Building and Safety Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Counter Hours: 8:00 AM - 6:00 PM, Monday - Thursday
A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. These fees are established by Resolution of the Palm Springs City Council.

Complete listings and manufacturer's technical data sheets for all system materials shall be included with plan submittals. All system materials shall be UL listed or FM approved for fire protection service and approved by the Fire Prevention Bureau prior to installation.

Item - 2C 24
Resolution No. 24811

FID 5.

FID 6.

FID7.

Plans shall include all necessary engineering features, including all hydraulic reference nodes, pipe lengths and pipe diameters as required by the appropriate codes and standards. Plans and supporting data, (calculations and manufacturers technical data sheets) including fire flow data, shall be submitted with each plan submittal. Complete and accurate legends for all symbols and abbreviations shall be provided on the plans.

Access During Construction (CFC 503): Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13'-6". Fire Department access roads shall have an all-weather driving surface and support a minimum weight of 73,000 lbs.

Key Box Required to be Installed (CFC 506.1 ): Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be flush mount type and shall contain keys to gain necessary access as required by the fire code official.

Secured emergency access gates serving apartment, town home or condominium complex courtyards must provide a key box in addition to association or facility locks. The nominal height of Knox lock box installations shall be 5 feet above grade. Location and installation of Knox key boxes must be approved by the fire code official.

Key Box Contents (CFC 506.1 ): The Knox key box shall contain keys to all areas of ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms, mechanical rooms, elevator rooms, elevator controls, plus a card containing the emergency contact people and phone numbers for the building/complex.

FID 8. Turning Radius: Fire access road turns and corners shall be designed with a minimum inner radius of 25 feet and an outer radius of 43 feet.

FID 9. Dead Ends: Dead-end fire apparatus roads in excess of 150 feet in length shall be provided with an approved area for turning around a fire apparatus.

FID 10. Designated Fire Lanes: In private developments fire lanes shall not be less than 24 feet in width (curb to curb) with no parking on either side and shall be identified.

Item - 2C 25
Resolution No. 24811

END OF CONDITIONS
Item - 2C 26
ATTAC
HMENT 4
Item - 2C 27

CITY COUNCIL STAFF REPORT
DATE: OCTOBER 22, 2020 PUBLIC HEARING
SUBJECT: A REQUEST FOR COUNCILMEMBER REVIEW OF AN ACTION TAKEN

BY THE PLANNING COMMISSION TO DENY A CONDITIONAL USE
PERMIT APPLICATION BY JERRY G. JOHNSON ON BEHALF OF V.I.P.

MOTOR CARS, LTD. TO UTILIZE A PORTION OF A THREE (3)-ACRE PARCEL FOR OFF-SITE VEHICLE STORAGE AT 4193 EAST MATTHEW DRIVE, ZONE R-2 (CASE 5.1506 CUP).

FROM: David H. Ready, City Manager
BY: Development Services Department
SUMMARY:

This is a request for review of action taken by the Planning Commission on September 9, 2020, which denied a Conditional Use Permit (CUP) application submitted by V.I.P. Motor Cars, Ltd. to utilize a portion of a three (3)-acre parcel for off-site vehicle storage at 4193 East Matthew Drive. Planning staff had recommended approval of the case, subject to conditions.

Pursuant to Palm Springs Zoning Code Section 94.02.00(8)(1 )(b), CUP applications are subject to final action by the Planning Commission. A councilmember has initiated a review of the decision on this application pursuant to Palm Springs Municipal Code Section 2.06.030 ('Councilmember Review of Decisions').

RECOMMENDATION:

1. Open the hearing and receive testimony for the approval of the Conditional Use Permit (CUP) application.

2. Adopt Resolution No. __ "A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING ON APPEAL

FROM THE PLANNING COMMISSION A CONDITIONAL USE PERMIT
(CUP) APPLICATION BY JERRY G. JOHNSON OF V.I.P. MOTOR CARS, LTD. TO UTLIZE A PORTION OF A THREE (3)-ACRE PARCEL FOR PHASE ONE (1)-ONLY OFF-SITE VEHICLE STORAGE AT 4193 EAST MATTHEW DRIVE (CASE 5.1506 CUP)." or, as an alternative
1TEMN0-1t1 Jf4 'It t ;;.IJt!J. (. L, ... ·
Item - 2C 28• I N I
2 Item - 2C 29
City Council Staff Report
October 22, 2020 --Page 2
Case 5.1506 CUP

3. Adopt Resolution No. __ "A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING ON APPEAL

FROM THE PLANNING COMMISSION A CONDITIONAL USE PERMIT
(CUP) APPLICATION BY JERRY G. JOHNSON OF V.I.P. MOTOR CARS, LTD. TO UTLIZE A PORTION OF A THREE (3)-ACRE PARCEL FOR OFF­ SITE VEHICLE STORAGE AT 4193 EAST MATTHEW DRIVE (CASE 5.1506 CUP)."
BUSINESS PRINCIPAL DISCLOSURE:

The name of the entity is V.I.P. Motor Cars, Ltd. The owners/investors of the entity consist of the following individuals: Frank D. Hickingbotham Family Limited Partnership (90%), Jerry G. Johnson (5%), and Gene Whisenhunt (5%). The Public Integrity Disclosure Form is attached to this Staff Report (Attachment #4).

PRIOR ACTION:

Commission voted 5 to 1 to deny the pro·ect.

BACKGROUND & PROJCT DESCRIPTION:

V.I.P. Motor Cars, Ltd. is an existing automobile dealership located at 4095 East Palm Canyon Drive. On September 9, 2020, the Planning Commission reviewed a Conditional Use Permit (CUP) application submitted by the business, which proposed to utilize a portion of a three (3)-acre parcel located at 4193 East Matthew Drive for off-site vehicle storage.

The project site is located within the R-2 Zone and the NCC (Neighborhood/Community Commercial) General Plan Land Use designation area, and it is currently developed with a single-family residence in the rear portion of the property. A large portion of the front property facing East Matthew Drive is undeveloped. V.I.P. Motor Cars, Ltd. has established a parking license agreement with the property owners for the proposed use of the undeveloped area. The parking license agreement (Attachment #7) has an initial term of five (5) years with options for up to two (2), five (5)-year term extensions.

The business is proposing to implement the project in two (2) phases. Phase I will develop a westerly portion of the front yard for the accommodation of one hundred (100) vehicles, and additional space for fifty (50) vehicles will be created in the easterly portion of the front yard in Phase II. Pursuant to Palm Springs Zoning Code Section 3 Item - 2C 30
City
Council
Staff
Report
October
22,
2020 --
Page
3 Case

5.1506
CUP

92.03.01(C)(10),
off-street
parking
which
is
not
accessory
to
by-right
uses
is
permitted
in
the
R-2
Zone
subject
to
a
Conditional
Use
Permit
and
the
requirements
that
the
property
is
adjacent
to
a
commercial
zone
and
does
not
extend
more
than
150
feet
from
the
zone
boundary.

While
the
Phase
I area
is
located
within
150
feet
from
the
zone
boundary,
the
area
planned
for
Phase
II
is
located
out
of
the
150-foot-boundary.

If approved,
the
project
would
allow
designated
employees
to
park
and
store
vehicles
at
the
site,
which
include
cars,
pickup
trucks,
SUVs,
and
vans.

PLANNING

COMMISSION
ACTION:

On
September
9,
2020,
the
Planning
Commission
reviewed
the
application
and
determined
that
the
proposed
project
does
not
meet
the
required
findings
for
the
approval
of
the
application
and
voted
5 to
1 to
deny
the
application.

The
Planning
Commission
made
the
following
specific
points
in
delivering
their
decision
to
deny
the
application:

1. The
proposed
use
is
not
consistent
with
the
intent
of
the
NCC
(Neighborhood/Community
Commercial)
General
Plan
land
use
designation
area.

2. Vehicle
storage
is
not
synonymous
with
parking.

The
proposed
activity
is
commercial
in
nature,
and
it
is
not
auxiliary
to
commercial
use;
therefore,
it
is
inappropriate
with
the
R-2
zone
district.

In
addition
to
the
findings
stated
above,
the
Planning
Commission
expressed
concern
that
parking
one
hundred
(100)
vehicles
on
a
residential
parcel
is
not
consistent
with
the
intent
of
the
R-2
Zone
because
the
site
is
developed
with
a
single-family
residence
in
the
rear
and
there
are
other
residential
properties
located
within
the
site's
vicinity.

While
the
Planning
Commission
showed
support
for
the
success
of
the
business,
the
Commission
stated
that
the
site
was
not
suitable
for
the
proposed
use
for
the
reasons
mentioned
above. STAFF
ANALYSIS:

Conditional
Use
Permit
(CUP)
applications
for
land
uses
that
are
specified
in
the
'Uses
Permitted
by
Conditional
Use
Permit'
section
of
the
Palm
Springs
Zoning
Code
are
typically
subject
to
Planning
Commission
review
and
approval
only
and
do
not
require
a
City
Council
action
per
Palm
Springs
Zoning
Code
Section

94.02.00(A)(1
).

This
project
has
been
called
forward
to
the
City
Council
pursuant
to
the
provision
of
Palm
Springs
Municipal
Code
Section

2.06.030(a).

Section

2.06.030(a)
stipulates
that
any
member
of
the
City
Council
may
initiate
a
review
of
any
decision
or
action
of
a
City
Council
appointed
commission
or
board
that
is
not
otherwise
before
the
City
Council.

The
process
for
this
review
is
further
described
in
Palm
Springs
Municipal
Code
Section

2.06.030.

Palm
Springs
Municipal
Code
Section

2.060.030(d)
states
the
procedure
of
this
review
4 Item - 2C 31
City
Council
Staff
Report
October
22,
2020
--
Page
4 Case

5.1506
CUP
process
as
"The
action
of
the
council
appointed
commission
or
board
shall
be
set
aside
and
the
City
Council
shall
conduct
a
public
hearing
de
novo
on
the
review."
Staff
recommends
that
the
City
Council
consider
the
analysis
prepared
by
staff
for
the
proposed
project
as
detailed
in
the
Staff
Report
provided
to
the
Planning
Commission
on
September
9,
2020.

The
analysis
of
the
project's
conformance
to
the
General
Plan
and
Zoning
Code
included
in
the
September
9,
2020
Staff
Report
is
summarized
in
the
following
sections
of
the
report.

General
Plan
Map
Zoning
Map
General
Plan:

The
General
Plan
Land
Use
designation
of
the
project
site
is
Neighborhood/Community
Commercial
(NCC). The
intent
of
the
NCC
land
use
designation
area
is
to
" ... provide an
opportunity
for
convenience
commercial
uses
that
serve
adjacent
residential
neighborhoods
...
" (Palm
Springs
2007
General
Plan,
page
2-6).

While
vehicle
storage
is
not
expressly
mentioned
as
a
typical
commercial
use
found
in
the
NCC
designation
area,
the
use
is
incidental
to
the
operation
of
an
automobile
dealership
which
serves
the
region
and
nearby
communities,
including
the
residents
of
the
adjacent
neighborhoods.

Therefore,
it is
consistent
with
the
intent
of
the
General
Plan.

Zoning
Code:

Palm
Springs
Zoning
Code
Section

92.03.01(C)(10)
states
that
off-street
parking
which
is
not
accessory
to
the
uses
permitted
in
the
zone
and
meets
the
conditions
below
is
permitted
in
the
R-2
Zone
subject
to
a
Conditional
Use
Permit.

The
Zoning
Code
section
states,
" ...

The
property
proposed
for
off-site
parking
use
shall
abut
a
commercial
zone
or
on
an
alley
which
is
the
boundary
with
such
zone,
and
extends
not
more
than
one
hundred
fifty
(150)
feet
from
the
boundary."
The
subject
property
is
adjacent
to
a
property
to
the
5 Item - 2C 32
City Council Staff Report
October 22, 2020 --Page 5
Case 5.1506 CUP
west which is zoned C-M (Commercial Manufacturing). The application proposes the implementation of the project in two (2) phases. While the Phase I project area is located within 150 feet from the zone boundary, the area designated for Phase II is located out of the 150-foot-limit. Commercial activities in the R-2 Zone are not permitted per Palm Springs Zoning Code Section 92.03.02(a); however, the site will be utilized for off-site vehicle storage purposes only, and no commercial activities or sales transactions will take place at the site.

Site Plan, Landscaping, Outdoor Lighting Fixtures:

The three (3)-acre subject property is currently developed with a single-family residence.

The project is proposing to accommodate one hundred (100) vehicles in the Phase I parking area, which is located in the westerly portion of the undeveloped front yard.

Phase II will allow parking of fifty (50) additional vehicles in the designated area which is located easterly to the Phase I area. The parking surface will be paved, and incidental landscaping improvement work along the East Matthew Drive frontage and the south end of the Phase I parking area will be implemented. The proposed plant palette consists of drought-tolerant plant materials. The project proposes the installation of LED pole lighting fixtures and wall-mounted lighting fixtures in the project area, which are subject to the City's outdoor lighting standards (Palm Springs Zoning Code Section 93.21.00). The proposed minor landscape alterations and outdoor lighting fixture installation will be reviewed administratively via Minor Architectural Review (MAA) in accordance with Palm Springs Zoning Code Section 94.04.00(E)(2)(a)(1 )(vii) after this Conditional Use Permit application is approved.

Based on the analysis above, staff found that the proposed project was consistent with the General Plan and Zoning Code and met the applicable development standards, subject to the conditions of approval attached to this report (Attachment #3). The recommended conditions include the requirement of Variance and Conditional Use Permit Amendment approval for the implementation of Phase 11 and restrictions pertaining to the use of the property to ensure that on-site activities will remain non-commercial.

ENVIRONMENTAL ASSESSMENT:

The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 of Title 14, Chapter 3 of the California Code of Regulations (Class 4, Minor Alterations to Land). The project site is directly adjacent to a Casey's June Beetle critical habitat area. City-contracted environmental consultant conducted a site inspection, and it was determined that the implementation of the proposed project will not negatively affect the wildlife as the project site is already improved.

City Council Staff Report
October 22, 2020 -- Page 6
Case 5.1506 CUP
SUBMITTED BY:

Development Services Director
David H. Ready, Esq., P
City Manager
l\-ttaehments:
500' Vieiflity Map
Draft City Get:1F1eil ResolutiOAS
Publie IA�egrity Disolosur:e FoFm
Marcus L. Fuller, MPA, P.E., P.L.S.

Assistant City Manager

1. 2.

3. 4.

5. 6.

7. 8.

9. PlanniAg Commission Staff Report, (09/09!2020)
Planning Commission Minutes (09l09;'2020)
Parking license AgreemeRt
PoweFPoint slides pro)Jided by theapplicant
Plans r:evie,Ned by the Planning CommissioR OR September 9, 2020 6 Item - 2C 33
I c_ . J
Flinn Fagg, Al
Draft Cer,ditiens ef Appr-oval
ATTAC
HMENT 5
Item - 2C 34
\

PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:

Mr. Gary Boskovich, Trustee
• ANO WHEN RECORDED MAIL TO:

Mr. Gary Boskovich, Trustee
4193 E. Matthew Dr.

Palm Springs, CA 92264
2020-0546401
11/05/2820 e�:42 PM Fee:$ t2S.00

of 13
Recorded ln Off!o!al Reoords County or Riverside Peter Aldana ilii!riiTiiJr.11111
Space above this line for recorder's use only

PARKING LICENSE AGREEMENT
Mail Tax Statement to:

Mr. Oary Boskovich
4193 E. Matthew Dr.

Palm Springs, CA 92264

RECEIVED
NOV O 9 2020

PLANNING SERVICES

DEPMHMFNT
Item - 2C 35
I 0
; J

PARKING LICENSE AGREEMENT
This PARKING LICENSE AGREEMENT (this "Agreement") is made and entered into as of January 29, 2020, by and between Gary S. Boskovic and Susan A. Boskovich Co-Trustees, or · their successors in Trust, under the GARY S. BOSKOVICH AND SUSAN A. BOSKOVICH FAMILY TRUST dated February 8, 1998 and any amendment thereto, ( collectively "Licensor'')· and V.I.P. MOTOR CARS, LTD., a California corporation ("Licensee").

RECITALS
A. 1 Licensor is the owner of that certain real property located at 4193 E. Matthew Dr., Palm Springs: CA 92264 (the "Real Property"). The Real Property is improved (or may be further improved at Licensee's expense) with, among other things, surface parking (the "Surface Parking''). The Surface Parking is also referred to herein as the "Parking Area".

B. Licensee is the owner of those certain real properties located at 4095, 4057, and 3919 E. Palm Canyon Drive, Palm Springs, California (the "Licensee Property"), upon which Licensee operates automobile dealerships ("Licensee Dealerships").

C. Licensor and Licensee desire to enter into this Agreement to pennit Licensee to use a certain portion of the Parking Area in connection with the operation of the Licensee Dealerships located on Licensee's Property I in accordance with the tenns and conditions provided herein.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, Licensor and Licensee hereby agree as follows:

AGREEMENT

1. Grant of License; License Area. Subject to the terms of this Agreement, Licensor hereby grants to Licensee, for the use by Licensor and its Designated Employees (as defined below) during the Term (as defined below), a license ("License") to access and exclusively use the number of parking spaces located in that portion of the Parking Area premises as shown on Exhibit "A" attached hereto as Phase 1 and Phase 2 (the "License Area") for the Permitted Use (as defined below) and for no other purposes.

All moving of Permitted Vehicles into or out of the License Area and the Real Property shall be done through such points and paths of ingress and egress, and in such manner as Licensor and Licensee shall reasonably agree upon from time to time. Notwithstanding anything to the contrary in this Agreement, Licensee shall have access to the License Area and shall be permitted to move Permitted Vehicles to and from the License Area at all times. As used herein, "Designated Employees" shall mean and refer only to Licensee and Licensee's employees and agents.

2. D!J!!. The term of this Agreement (the "Initial Term") shall commence on the date upon which Licensee moves Permitted Vehicles onto the License Area (the "Commencement Date") and shall tenninate on the date that is five (5) years after the Commencement Date, unless earlier terminated in accordance with the provisions of this Agreement. Licensee shall have two Page I
Item - 2C 36
five-year options (individually "Renewal Term") to renew this agreement at terms consistent with the Initial Tenn upon giving written notice to Licensor at least 60 days prior to expiration of the Initial Term or any Renewal Term. As provided in Section 12 below, upon the occurrence of any · Event of Default (as defined in Section 12 below) by Licensee hereunder, Licensor may, in addition to any and all other rights or remedies available to Licensor hereunder, at law or in equity,- immediately terminate this Agreement upon notice to Licensee. The License is irrevocable during the Term. If Licensee is unable to get approval for parking from the City of Palm Springs (via a Conditional Use Permit ("CUP) or otherwise) within a time frame and on terms acceptable to Licensee, then Licensee will have the right to immediately terminate this Agreement at its option.

The CUP is currently expected to take six months to obtain. If the CUP is not obtained within six months of the Commencement Date, Licensor may tenninate this Agreement at its option.

3. Use and Maintenance of License Area.

3.1. Permitted Use. Licensee shall use the License Area for the sole purpose (the "Permitted Use") of parking and storage by Designated Employees of Permitted Vehicles. "Permitted Vehicles" means and refers to only vehicles of the types sold by the Licensee Dealerships (including cars, pickup trucks, SUV s, and vans. Licensee shall comply, and shall cause its Designated Employees using the License Area and any portions of the Real Property to comply with all applicable governmental laws, rules and regulations relating to the use, condition, access to and occupancy of the License Area and use of the Real Property. Licensee shall conduct the Permitted Use so as not to create any nuisance or unreasonably interfere with the use and operation of the Real Property by Licensor an d Licensors employees, agents, vendors and customers. Licensee agrees that neither Licensee nor any Designated Employee will store any Hu.ardous Materials ( other than ordinary liquids, chemicals and materials which part of or are located inside the components of the Permitted Vehicles, which are categorized as Hamrdous Materials) on or about the License Area or Real Property. As used herein, the term "Hazardous Materials" means any ha7.8rdous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California or the United States Government, including, without limitation, any material or substance which is (a) defmed or listed as a "hazardous waste", "extremely hazardous waste", "restricted hazardous waste", "hamrdous substance" or "hazardous material" under any applicable federal, state or local law or administrative code promulgated thereunder, or (b) petroleum. Licensee and its Designated Employees shall comply with the terms and conditions of this Agreement. Licensee shall not use the License Area for any purpose not permitted by law or ordinance and any such unlawful use shall be an Event of Default.
3 .2. Maintenance and Quality Standards. Licensee shall maintain the License Area in a safe, clean, orderly, and professional manner, and in as good order and condition as existed immediately prior to the commencement of the Tenn, subject to reasonable wear and tear, free and clear of debris, and Licensee shall conduct its use in compliance with all applicable laws.

Licensee shall cause the immediate cleaning of spills or leaks of automobile fluids and Hazardous Materials within the License with appropriate cleaning agents, so that the surface of the License Area shall remain free from oil, grease, gasoline, coolant, water, soap, rubbish, debris and other such materials and/or substances caused by Designated Employees or the Permitted Vehicles during the Term. In the event of a spill or leak of automobile fluids or other similar or related occurrence from the Permitted Vehicles or caused by Designated Employees during the Term, Pagel
Item - 2C 37
Licensor shall have the right to perform environmental and other tests at Licensee's reasonable expense, in Licensor's discretion, to determine whether the Real Property and/or License Area has been adversely affected. If it is determined by Licensor that the Real Property and/or License Area • has been damaged or adversely affected ( excepting reasonable wear and tear) as a result of or caused by Licensee's and its Designated Employees' use thereof during the Term, Licensee shall · bear the costs of remediation, which costs shall be paid by the Licensee. If not paid by the Licensee then reimbursed to Licensor upon receipt by Licensee of a written statement of the cost thereof from Licensor. The Licensee's obligation to remediate any spill, leak or Hazardous Material will survive the termination of this agreement. Notwithstanding anything to the contrary, Licensor shall in no manner be responsible or liable for, or in connection with, any condition existing on the Real Property and/or License Area prior to the Tenn.

3.3. Licensor Self-Help. In the event that Licensee fails to maintain the License Area as required herein within five (5) business days after notice from Licensor, which notice shall not be required in the event of an emergency, then Licensor shall have the right to provide such services and any reasonable charge or cost incurred by Licensor in connection therewith shall be due and payable by Licensee upon receipt by Licensee of a written statement of the cost thereof from Licensor.

4. "As-ls" Condition. Licensee acknowledges that Licensee has examined and is fully familiar with the condition of the License Area and shall accept the License Area on the Commencement Date in its presently existing, "AS-IS" condition. Licensor shall not be obligated to provide or pay for any improvement work or services related to the improvement of the License Area or any other portion of the Real Property in connection with the Agreement. Licensee shall not alter, modify or improve the License Area without Licensor's prior written approval in its reasonable discretion. Licensee shall not install, erect, afflx or maintain any structures, furniture, fixtures and/or equipment within the License Area without Licensor's prior written approval.

Licensee at its expense will construct a retaining wall ( currently estimated to be five feet tall) on. the southern boundary of Phase 1 of the License Area, from the western wall to the driveway.

Licensee hereby acknowledges that neither Licensor nor any agent of Licensor has made any representation or warranty regarding the condition of the License Area or the Real Property or with respect to the suitability of any of the foregoing for the Licensee's use.

S. No Services. Licensee acknowledges that Licensor will not provide any services or security for the License Area. Licensee shall, at Licensee's expense, provide any security it deems necessary to secure the License Area during the Term, subject to Licensor's prior written approval.

6. Lease and License Fee. The right to access and use the License Area granted to Licensee under this Agreement shall be at $S00.00 (five hundred dollars) per month ("Rent") payable in advance on the 1st of each month beginning February 1, 2020. Once Licensee is granted permission to park on License Area Phase 1 as designated in Exhibit A (through either a Temporary Use Permit or a Conditional Use Pennit), then Rent will increase to $1,500.00 (fifteen hundred dollars) per month payable in advance on the 1st of the month. Rent will increase by an additional $500.00 to $2,000.00 per month once Licensee has the ability to park vehicles on Phase l and Phase 2 as shown in exhibit A. Licensee shall bear any and all costs incurred in connection with the performance of Licensee's obligations under this Agreement, including, without limitation, the costs of (a) maintaining the License Area in accordance with the terms of this Agreement, Pagel
Item - 2C 38
(b) providing, at Licensee's option, any security or other services to the License Area, and (c) obtaining and maintaining insurance in accordance with the terms of this A�ement (d) paving the License Area as may be required by the City of Palm Springs. The Rent will increase by 5%· from the previous Rent for any Renewal Term. Licensee will reimburse Licensor the amount of any increase in real property or use taxes assessed against the Real Property related to this License,• if any, up to the amount of One Thousand Nine Hundred and 00/100 Dollars ($1,900.00) per tax year.

7. Licensor's Right to Enter. Licensor shall have the right at any time to enter or otherwise make the License Area available for inspection or review by Licensor's agents and invitees.

8. Transferability of License. The rights set forth in this Agreement are personal to Licensee, and Licensee shall not assign, convey., or otherwise transfer said rights in any manner whatsoever without Licensor's prior written consent. A transfer shall include any change in ownership of more than 50% of Licensee. Licensor shall not unreasonably withhold consent to an assignment upon change in control. Any purported transfer by Licensee in violation of the forgoing shall be null and void and, at Licensor's election, shall constitute an Event of Default hereunder.

Licensor may freely assign and/or transfer its interest in this Agreement at any time without the consent of Licensee, whereupon Licensor shall automatically be released from its obligations under this Agreement arising after the date of such transfer.

9. Waiver of Claims and Indemnity.

9.1. To the fullest extent permitted by law, Licensee shall indemnify, defend (with counsel acceptable to Licensor) and hold and save harmless Licensor, their successor and assigns, its members, partners., beneficiaries, trustees, officers, employees, and agents ("Licensor Parties") from and against any and all liability, claims, damages, costs and expenses, including, without limitation, attorneys' fees (collectively, "Claims"), arising from or in connection with Licensee's and/or its Designated Employees' use or occupancy of the License Area or activities in, on or about the Real Property. To the fullest extent permitted by law, Licensee waives all claims against Licensor and the Licensor Parties for injury to persons, or damage to property or to any other interest of Licensee, sustained by Licensee or any person claiming by or through Licensee resulting from any occurrence in or upon the License Area or the Real Property or relating in any way to this Agreement. Without limitation, all of Licensee's personal property and any Permitted Vehicle which may at any time be located in the License Area shall be at Licensee's sole risk, and Licensee shall defend, indemnify and hold Licensor harmless from and against any Claims therefor. Licensee's indemnification obligations hereunder shall survive the expiration or earlier termination of this Agreement.

9.2. Without limiting the forgoing, Licensee will pay and indemnify Licensor for any and all governmental costs, including but not limited to, taxes, fees, recording charges, transfer taxes and filing fees imposed by any governmental agency related to or arising from this license. The tax year 2019-2020 will be the base year. Licensee will indemnify Licensor and pay immediately upon demand, prior to the due date, whether separately billed or included in the Licensor's tax bill, the amount of increase in the real property taxes or personal property taxes on Page4
Item - 2C 39
Real Property, arising from and/or related to the license granted herein, including but not limited to, any reassessment of the Real Property. The truces, if any, will be deemed additional Rent.

9.3. The obligation to pay and indemnify Licensor for any and all governmental costs excludes only the city, state and federal income tax incurred by the Licensor · arising from the income from received from the License.

10. Insurance. Throughout the Term, Licensee shall maintain commercial general liability insurance in the amount of $1,000,000 per occurrence insuring Licensee (and naming as additional insureds Licensor and Licensor's mortgagee) against all liability for injury to or death of a person or persons or damage to property arising from Licensor's or its Designated Employees' use and occupancy of, and access to, the License Area. Licensee may carry the foregoing insurance through an umbrella policy of insurance having a limit of not less than $5,000,000.00. Such umbrella liability policy or excess liability policy shall include coverage for additional insureds.

The minimum limits of policies of insurance required of Licensee under this Agreement shall in no event limit the liability of Licensee under this Agreement. Licensee's insurance shall be primary insurance as to all claims thereunder and shall provide that any insurance obtained by Licensor duplicative of the insurance Licensee is required to maintain hereunder is excess and is non­ contributing with the insurance requirement of Licensee. Licensee's insurance shall be issued by a company acceptable to Licensor and shall otherwise be in form and substance acceptable to Licensor. In the event a claim arises or accrues before the expiration of the Term, the insurance obligations hereunder shall survive the expiration or earlier termination of this Agreement as to such claim.

11. Surrender of License Area. Immediately upon the expiration or earlier termination of this Agreement, Licensee shall remove all of Licensee's personal property located in or about the License Area and to otherwise leave the License Area and all property of any kind located thereon in as good order and condition as existed immediately prior to the commencement of the Term, reasonable wear and tear excepted. In addition, within ten (10) days after written demand therefor from Licensor, Licensee shall pay Licensor for any injury or damage to the License Area and/or the Project that may occur (or may have occurred) in connection with Licensee's and its Designated Employees' use or occupancy of the License Area, or Licensee's and its Designated Employees' activities in, on or about the Real Property, during the Term (reasonable wear and tear excepted). At the time of Surrender of the License Area, at the sole discretion of Licensor, upon the written request of Licensor, Licensee will remove the asphalt it installed on the License Area.

12. Termination Upon Default. Licensor may terminate this Agreement upon written notice ("Termination Notice") to Licensee upon the occurrence of an Event of Default "Event of Default" means Licensee's failure to perform or observe any term, covenant or condition contained herein to be performed or observed by Licensee (i) where such failure continues for five (5) business days after Licensor's delivery of written notice of default to Licensee where such failure can reasonably be cured within said period, or (ii) if such failure cannot reasonably be cured within five (S) business days after Licensor's delivery of written notice of default to Licensee, where Licensee does not commence to cure such failure within such five (5) business day period and diligently pursue such cure to completion. Such termination by Licensor shall be deemed effective PageS
Item - 2C 40
on the date of delivery such Termination Notice to Licensee and Licensee shall vacate and surrender the License Area to Licensor in accordance with the provisions of this Agreement.

Termination of this Agreement by Licensor as aforesaid shall not prejudice any other remedies which might be available to the Licensor under this Agreement or any other agreement between Licensor and Licensee.

13. Right of First Refusal. Licensee is granted a right of first refusal to buy the Real Property. If Licensor desires to sell the Real Property, then an independent appraisal shall be done of the property by a qualified appraiser. Licensor will then propose a price to Licensee of an amount equal to or less than the appraised value (the "Proposed Price''). Licensee shall have 30 days to detennine if it wishes to purchase the Real Property at the Proposed Price. If Licensee notifies Licensor that it does not wish to purchase the Real Property at the Proposed Price, then Licensor is free to market the Real Property at or above the Proposed Price. If Licensor then receives an offer for the Real Property at less than the Proposed Price (the "Lower Price''), Licensee shall have the right to purchase the Real Property at the Lower Price and on the identical terms and shall have ten days to notify Licensor in writing of its intent to exercise- that right. To exercise its right, Licensee must, within thirty (30) days of giving notice, deposit in escrow with any escrow or title company in Riverside County, California, all moneys and instruments required by the terms of the offer to be paid or delivered to Licensor on close of escrow and shall also give Licensor written notice of the deposit. In the event Licensee fails to purchase the Real Property in accordance with the provisions of this section, Licensee will have waived the Right of First Refusal which will tenninate and not apply to any subsequent offer or sale.

The right of first refusal granted to Licensee shall exclude the following transfers: any transfer resulting from the Licensor's death; any transfer by Licensor to Licensor's spouse or any of Licensor,s children; and any transfer by Licensor to any entity in which Licensor holds a 51 percent or greater ownership interest. The right of first refusal granted to Licensee also shall not apply in the event of foreclosure ( or a deed in lieu of foreclosure) or to a sale of the Real Property premises by a lender who has foreclosed.

Licensee may not assign the rights granted under this Section either separately or together with a transfer of Licensee's interest, without the prior written consent of the Licensor, which shall not be unreasonably withheld, Any purported unconsented assignment shall be null and void.

14. Notices. All notices, approvals or other communications given or required to be given by either party to the other hereunder shall be in writing, shall be (a) sent by United States certified or registered mail, postage prepaid, return receipt requested, or (b) delivered by a nationally recognized overnight courier, or ( c) delivered personally to Licensor or Licensee, or ( d) sent by facsimile, receipt confirmed, at the following addresses, or to such other place as Licensor or Licensee may from time to time designate in a notice to the other:

Licensor:
with a copy to:

Gary S. and Susan A. Boskovich, Trustees
4193 E. Matthew Dr.

Palm Springs, CA 92264
Simon A. Housman
P.O. Box4S9
Page6
Item - 2C 41
Licensee:

Palm Desert, CA 92261-04S9
[email protected] w
V .I.P. Motor Cars Ltd.
11300 Rodney Parham Rd., Ste. 300
Little Rock, Arkansas 72212
Fax No.: (501) 223-1004
Attn: Jerry 0. Johnson

15. Licensor's Liability. It is expressly understood and agreed that the liability of Licensor and the Licensor Parties hereunder (including any successor owner hereunder) shall be limited solely and exclusively to the interest of Licensor in and to the Real Property. The Licensor Parties shall have no personal liability under this Agreement, and neither the Licensor nor the Licensor Parties shall have any liability for special, punitive and/or compensatory damages.

16. Miscellaneous.

16.1. No delay or omission of Licensor to exercise any right or remedy shall be construed as a waiver of any such right or remedy or of any default. No waiver by Licensor of any breach of this Agreement by Licensee shall constitute a waiver of any other breach. Any amount due to Licensor that is not paid when due shall bear interest at the maximum rate allowable under law. In the event of any legal action taken or proceeding brought to enforce the provisions hereof, the prevailing party shall be entitled to recover its reasonable attorneys' fees and cost� incurred in connection therewith. Time is of the essence of this Agreement and each of its provisions. This Agreement shall be construed and enforced in accordance with the laws of the State of California.

It is understood and agreed that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties hereto with respect to the subject matter hereof. Except for matters for which there is a standard of consent or discretion specifically set forth in this Agreement ·(the "Excepted Matters"), any time the consent or approval of any party is required under this Agreement, such consent or approval shall not be unreasonably withheld or delayed, and, except with regard to the Excepted Matters, whenever this Agreement grants any party the right to take action, exercise discretion, establish rules and regulations or make an allocation or other determination, Licensor and Licensee shall act reasonably.

16.2. Licensor agrees to execute any commercially reasonable landlord waiver, in form and substance reasonably satisfactory to Licensor, that may be required by Licensee's flooring lender.

Page7
Item - 2C 42

17. Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, when taken together, shall constitute one and the same Agreement It is agreed that electronic copies of signed counterpart signature pages of this Agreement shall evidence and constitute valid execution of this Agreement and shall be binding on a party to the same extent as the original signature counterpart copies.
(SIGNATURES ON NEXT PAGE]
Page8
Item - 2C 43
IN W11NESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above.
"LICENSOR":
· Oary S. Boskovic and Susan A. Boskovich Co-Trustees, or their successors in Trust, under the OARY S. BOSKOVICH AND SUSAN A. BOSKOVICH FAMILY TRUST dated February 8, 1998 and any amendment th to.

By:

By:
"LICENSEE":

V.I.P. MOTORCARS, LTD.,
a California corporation
By:

Name: -�----------
TI tl e: fvf

CALIFORNIANOTARYACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Riverside
On August 2, Q , 2020 before me, 'j.x\:nlc& \t,betk , a notary public, personally appeared Oary S. Boskovich and Susan . Boskovicli, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct
W\-1-ne�s YV\» ha.x\0- O..t'ld o H.\c.,� �-
Si�� �.'?dm,l,lar.o9
l ft C C ft ft -�� ft ft
I-· NatiryM&c.e.a,om,a f " lllwellfclt County I
• •• Coiamfsslon I 2191496 •
• M-f Comm. [Jpfres Jun 6, JOU
Item - 2C 44
~~~
~a~
• Susan A. Boskovich, Trustee
I I
. . . . . .
l • I
j O • , 0 • a a I
WITNESS my hand and official seal.

Signature °r 1:/iti,. �,6t;.

CALIFORNIA NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Riverside
On August20 , 2020 before me, C,ro-b\9- Bober:i.s a notary public, personally appeared Jerry G. Johnson, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature � �,Tu

Item - 2C 45
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EXHIBIT "A"

LICENSE AREA
Attach Watson CUP drawing.

Item - 2C 46
•
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EXHIBIT A
APN 681--170-065-2
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-------------..../ (.,
! 1 1-- LICINSBPHAS&2
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1· - �-- ,-.,.---- 'NOTPAR�OFTHELICENSEAIµ!A.. : -= :,-:-,. a, •--':" .. · , ', r� -- -- . r ..-� ,, ·"--"-T-"P"""P"-.--.--,.......�"", ( _.l I I I
; :::::.---- .., • ..!-"' .... -.. --....... --.... � .. _ '�·------S:·-- ....... .,.,·· ,..,., JD' ' j. -••••' " -_. .,. .,...- I i:::f --�m�' ---===--- (--1-?
i I • ---- ' I I ·•• �.._,._J....\,.�""""-',;..r....&,,..1--',---i...1� I l I ,) � '
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•
UCENS8 PHASI! 1
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( 'I .._ --, L _________ _i
l,.._._._....._..__._..&...L"""'--l�"-'-..a...L.....i....,_�...IJ..-------------' jj
LLOYD W. WATSON, WATSON ENGJNBERING
48725 VERBENA RD., PilMDBDRT.CA 92260
(760) 275-1553

CITY OF PALM SPRINGS
CONDfflONAL USE PERMIT APPLIED FOR
Item - 2C 47
\·
I i
I
I
I
I
'
~~
I 111
I"'- .
11 ' ,
--=Hl-
ATTAC
HMENT 6
Item - 2C 48

STAFF ANALYSIS
Conditions of Approval
(Resolution No. 24811)
Staff Comments Conformance
PLN 1 No On-Site Commercial Activities Permitted.

Vehicle storage is the only activity permitted at
the site, and no retail or sales transactions shall
take place at the site.

Staff did not observe any
unpermitted commercial
activities at the site visit.

Y
PLN 2 Permitted Personnel. The vehicle storage area
shall be accessible to the employees of V.I.P.

Motor Cars, Ltd. only. No customer access is
permitted.

Staff did not observe the
presence of any customer at the
time of the site visit.

Y
PLN 3 Property Maintenance Standards. The property
shall be maintained in accordance with Palm
Springs Zoning Code Section 93.19.00
(Property Maintenance Standards).

The property was maintained in
a sound manner. Staff did not
observe any condition that
would indicate a lack of property
maintenance.

Y
PLN 4 Permitted Vehicles. The site shall be utilized
for storage of vehicles owned by V.I.P. Motor
Cars, Ltd. only. Storage of vehicles that are
owned by other entities or individuals is
prohibited. Any commercial vehicles parked at
the site shall be removed immediately following
the approval of this Conditional Use Permit
application by the Planning Commission.

All stored vehicles appeared to
belong to the business based on
the automaker logos on the
parked vehicles. There was no
other commercial vehicle
observed at the site.

Y
PLN 5 Sub-Leasing Not Permitted. V.I.P. Motor Cars,
Ltd. shall not sub-lease the vehicle storage
area to other entities or individuals.

Staff did not observe any
indication of the sub-leasing of
the facility.

Y
PLN 6 On-Site Vehicle Repair, Maintenance, and Car
Washing Prohibited. There shall be no repair,
maintenance, or washing of vehicles conducted
at the site.

Staff did not observe any
condition which would suggest
that vehicle repair, maintenance,
or car washing is being
performed at the site.

Y
PLN 7 On-Site Signage Prohibited. There shall be no
on-site signage advertising V.I.P. Motor Cars,
Ltd.

There is no on-site commercial
signage.

Y
PLN 8 Outside Storage Prohibited. Outside storage of
any goods, materials, or products other than
the vehicles owned by V.I.P. Motor Cars, Ltd. is
prohibited.

Only parked vehicles were
observed at the project site.

Y
PLN 9 Exterior Alterations. Any exterior alterations to the site, which include but are not limited to,
incidental landscaping, installation of outdoor
lighting fixtures, gate installation, and
installation of a high curb, shall be reviewed
and approved via Minor Architectural Review
(MAA) in accordance with Palm Springs Zoning
Code Section 94.04.00 (“Architectural Review”).

Exterior lighting fixtures shall be the type that is
compatible with the adjacent residential use.

The development of the vehicle
storage facility improvement
was reviewed and approved
administratively by the Planning
Division via a Minor
Architectural application, Case

3.2824 MAA. The improvement
was deemed complete on April
26, 2021 (Building Permit
#2021-943).

Y
PLN
10 Parking License Agreement. V.I.P. Motor Cars,
Ltd. shall have a parking license agreement in
effect with the property owners as long as the
business continues to utilize the property for
off-site vehicle storage. Should there be any
amendment to the agreement, V.I.P. Motor
Parking License Agreement
between the property owner and
V.I.P. Motor Cars, Ltd. has been
established (Attachment #5).

Y
Item - 2C 49
Conditions of Approval
(Resolution No. 24811)
Staff Comments Conformance
Cars, Ltd. shall be responsible for submitting an
amended parking license agreement to the
Department of Planning Services and the
Department of Engineering Services for review.

PLN
11 Recordation of Parking License Agreement
Required. The Parking License Agreement
shall be recorded with the County of Riverside.

Parking License Agreement was
recorded with Riverside County
on November 5, 2020
(Attachment #5).

Y
PLN
12 CUP for Phase I Only. This Conditional Use
Permit (CUP) is for the implementation of
Phase I only. The implementation of Phase II
shall not be permitted unless a Variance
application and an amendment to this CUP are
both approved by the Planning Commission to
address the 150-foot-distance requirement.

Only the Phase I area has been
developed as of today. Staff did
not observe any vehicle parking
in the Phase II area at the time
of the visit.

Y
PLN
13 Twelve (12)-Month Review Required. The City
Council shall review this Conditional Use Permit
at a noticed public hearing at 12 months from
commencement of operations of the auto
storage facility.

The construction of the vehicle
storage facility was completed
on April 26, 2021. This 12-
month review is being reviewed
by the City Council at a noticed
public hearing. The notice of
public hearing was distributed in
accordance with applicable law.

Y
Item - 2C 50
ATTAC
HMENT 7
Item - 2C 51
· Location:

WORK ORDER REQUEST
Work Order Number
2021-008
Description of Work
School Bus Stop Ahea
: Hi h wind area, use additiona rac e s.

Install Bus advance warning sign. Mount so that the bottom of the sign is 7 ft from the top of asphalt. Since this is a high wind area, install additional bracing.

Completed by Engineering Services Department
High Out of Cycle Francisco J. Jaime
Francisco J. Jaime Joel Montalvo, MPA, PE
Associate Civil Engineer City Engineer
Completed by Maintenance & Facllltles Department
Resident - Carlene Hart
Neighborhood request, Engineering
sees no issue with installing this sign.
3/�2/
Item - 2C 52
Matthew Drive @ S. Linden Way
Note g I b k t
Picture of Area Needing Work. ~ -
~ ' .. Engineer's Comments/ S cial Instructions ·
Sign Code Quantity New Size Existing
S3‐2 1 Yes 36x36 No

NA NA NA NA NA
Maintenance Comments
Title
Associate Civil Engineer
Division Approval ‐ Title
City Engineer
Neighborhood request, Engineering
sees no issue with installing this sign.

Crew names Total crew hours Supervisor: Print Name
Joel Montalvo, MPA, PE
Priority of Work
High
School Bus Stop Ahead
Picture of Area Needing Work
Division Approval ‐ Signature Division  Approval ‐ SignatureOrder Prepared By Engineer's Comments / Special Instructions
Res
ident ‐ Carlene Hart
Justification
Install Bus advance warning sign. Mount so that the bottom of the sign is 7 ft from the top of asphalt. Since this is a high wind area, install additional bracing.

Initiated By:

WORK ORDER REQUEST
Completed by Engineering Services Department
Description of Work
Supervior Signature & Date
Do as Routine Maintenance
Out of Cycle
Field
review by Engineering
Francisco J. Jaime
Completed by Maintenance & Facilities Department
Work Order Number
2021‐008
Location:

Matthew Drive @ S. Linden Way
Note: High wind area, use additional brackets.

Francisco J. Jaime
1 Start of
Bend
Place sign 125'
from bend.

S Linden Way
Matthew Drive
E Palm Canyon Drive
Item - 2C 53
Item - 2C 54
Table· 7 - .. 1. Sc ool Area S •,g n a.111 d P la.q ue S i.zes S~gn Sign Designatron Section
Sr::1'!001 81 -1 78.(!18
Sdhool lBus Stop Ahead SJ-1 7B.13
Setiool Bus, Turn Aht'Hid SJ-2 78.14
ection 7B.07 Sign Color for School Warning Signs
tandard:

Conveniiona ll Road , Mi111imum1
J6x36 JO~ JO
36 x :2-8 30xJ 
36x3'6 JOi,1 JO
Ov.elf.Si~ed
48 >; 48
4Bx48
4Et); 48
0 1 chool, arnin ign ineludin g the SCllOOL pertien ef the Seheol Speed Limit (SS 1) sign end I I
I
includin g an upplcmental plaqu e u ed in a ociation with th wa rnin g i n ball ha e a fluor e cent _ ello w-g re n ba ckg round , ith a black le nd and bord r uni oth e r i e pro id ed in thi M anual fo r a p cifi i n.
ction 7B.13 ===-=--=.:::.:;:...=:;:.a:,...:..::.:==-=-=-i.,g.:.:.n~(-==S:.:.:3;,_-~1) Guidan
1 The hoof Bu top Ahead(. 3-1 . i 11 ee Fi ure 7B -1 or 78-1(CA)} houfd b in Jailed in ad\an e of loca rion wit r a
ad quate di lane
di /0 11 e.

Standard:
hoof bu . when topped to pick up or di harge pas enger. . i 1101 vi ibl to road t1 er for an and H h r ther · no opportuni to r local th hoof bus top 10 pro id adequa t ight 02 The School Bus Stop Ahead (S3-1) sign shall be Installed in advance of an approved school bus stop where there is not a clear view in advance of the stop from a distance of 200 feel Refer to eve 22504(c).

Posted
or 85th-
Percen til e
Speed
20 mpll
25 mpll
30 mph
35 mph
40 mpll
45 mpll
50 mpll
55 mpll
60mph
65 mph
70mt1h
75 mph
ho I bu. tum around to pr
in tall
hing r
re i. n
Table 2C-4 . Guidelines for Adva nce Placement of Warning S igns .Advance Place ment D istanoe 1
Oooortion A~ Condition B ; Decelera tioo to the listed acNisory speed , (mph) tor the cond ition Speed redoc tion and lane
c:llang ing in ,03 104 204 30~ 404 504 604
heavy lraffic>
22511 100 ff" N/A~ - - - - -
325 ft 100 ft8 N/A~ NIA5 - - - -
460 It 100 tt• N/A5 NIA5 - - - -
565 ft 100 fl" NIN N/A5 NIN - - -
670 It 12511 100 h" 1 00 ft" NIA" - - -
775 ft 175 ft 12511 100 ti" 100 fr" N/A5 - -
885 ft 250 fl 200 ti 175 ft 125 ft 100 fl6 - -
990 ft 325 fl 27511 225 ft 200 ft 125 ft N/A5 -
1,100 ft 400 f1 350 II 325 ft 275 ft 200 ft 100 11• -
1,200 ti 475 fl 450 II 400 ti 350 ft 275 ft 200 U 100 11• 1,250 ft 550 fl 525 ,. 500 ft 450 ft 375 ft 275 ,, 150 ft 1,350 11 650 fl 62511 I 600 ft 550 ft 475 fl 375 ,, 250 ft 7,0 4
-
-
-
-
-
-
-
-
-
-
-
100ft"
1 The disl,mces .ire adjusted for a sign legi bility distance al BO feel ror Cond,~ion A_ The dlstaoces for Condi1lon B haw;J been _.dju$[ 1;>d for a sign lr;,gibrnty distance of 250 feel , which ,s appropriate for an atignmenl warning symbo l sign . For Con.clillons A an<I B, warning sagr,s wlUh less than 6-1och legend or more Ulan lour words , a m -nimum o f 100 feel should be added lo lhe ad1nmce placemen t d-sl,moe fo pmvide adequ ate legibi lrly of the warning sign . ' Typical con dnion s are rocatioos where 111e road user must use exlra time 10 adjust speed and change lanes in heavy traffiC because ol a. comp lex driving situat ion. Typical signs am Merge and Ri ght Lane End s. The distance s are delerm -1100 IJy provid irig t he d nive< a PRT ol 4.0 lo 14.5 seco nds for veh lcla m.i nauvr;,rs (2005 AASHTO PQllcy, E:dl bll 3-3 , Decision Sigh I Dlst.,.nic;e. AYold...-,ca Manr;,uver E} minus the lr;,glbill1y distance of 1 BO leel for the appropri ate sign .
' TyplcaJ cond "tlon Is the warning al a polenlfal stop sirua1ion. Typ ica l signs .are Stop Ahead. Yield Ahead. Signa l Me.id, and lmerseclion Warning signs .

The distances are tlased on the 2005 AASHTO Policy , E~l'l 1tlil 3-1 , Slopp fr,g Sigl'll 0,stance , l)l'OV1.ding a PAT of 2 .5 seco,,ds , a de-Cele ratio n rate ol 1 ·1 .2 !eetlsecond' , m inus lhe sign legibili ty disranoe of ·1 BO feet. • Typica l cond lions are locations where U'le road user must decrease ~d to maneuver through the wanned condition . Typical s' ns are Tum, Curve , Reverse Tum . or Reverse Curve . The distance is determined by providing a 2',5 second P RT, a vehicie deceleralion ra1e ol 10 leet.lseoolld2 , m inus lfle sign legibifjty dislanoe of 250 feel.
5 No suggested distanc es are provided for these speeds . as Ule plaetJment localio n is dep!lfldent on site cond itions and other signing . An a lognment warning slgn msry be placed anywhere from the po,nt of curv.1tura up to 00 fr;,et In advance of the c,.rve, _ Howe-"'er, the _.11gnmen1 w;;aming sign should be installed in advance o ft e curve and at leasl 100 reel lrom any other signs . • Th.a minimum advance pla cement distaoce is liste d as 1 OD ·feet to provide adequate spacing between signs . of
ATTAC
HMENT 8
Item - 2C 55
Item - 2C 56
Mathew Drive and Linden Way - Proposed pedestrian and safety improvements Figure 1
Site View

EAST PALM CANYON

EAST PALM CANYON

SOUTH LINDEN WAY

CHEROKEE WAY

MATHEW DRIVE

MATHEW DRIVE

SEMINOLE RD
Figure
2 & 3
Figure
4 N
W3-1 sign, 150
ft from stop
sign. Installed
18" north of
edge line
S3-1 sign, 120
ft from W3-1.

Installed 30"
north of edge
line
Item - 2C 57
.. ~-PJ I
~ I
{id
SWC Protect
in Place
SEC Protect
in Place
Figure 2
Intersection View

SANTA MONICA STREET

SEMINOLE ROAD

CHEROKEE WAY
STOP
STOP
STOP
STOP
STOP
STOP
STOP
STOP
Intersection Improvement Summary:

Protect in Place: SWC & SEC
Add - Stop bars x 4 as shown
Add - Stop legend x 4 as shown
Add - Stop signs x 4 all corners
Add - All-way Plaque x 4 all corners
Add - Sign posts and anchors x 4
Add - Ladder crosswalk x 2 as shown
Add - Type A-ramp X 1, NEC (see spec)
Add - Type C ramp X 1 SWC (see spec)
N
Install Type C-Ramp.

See Figure 3 for
additional details
Install Type
A-Ramp.

New
New
New
New
60' Red Curb
Item - 2C 58
Figure 3
NWC View
N
Update to
Type C
Ramp
Extend Concrete - Remove grass as needed
and adjust Type C-Ramp curb to maintain at
least 5 ft. of walk way clearance around
above ground utilities
Maintain 5
feet clearance
Item - 2C 59
Figure 4
Intersection View

MATHEW DRIVE

MATHEW DRIVE

LINDEN WAY
12 ft
15 ft
STOP
STOP
STOP
STOP
STOP
STOP
STOP
N
Intersection Improvement Summary:

Add - Stop bars x 3 as shown
Add - Stop legend x 4 as shown
Add - Stop signs x 3 as shown
Add - All-way Plaque x 3 at stop signs
Add - Sign posts and anchors x 2 corners
Add - Ladder crosswalk x 1 as shown
Add - Type A-ramp X 1 NWC (see spec)
Add - Type B ramp X 1 SWC (see spec)
Add - Through/right lane divider (striping)
Add - Through & Right arrow legends
New
New
Install Type
A-Ramp.

Install Type
B-Ramp.

Extend concrete as needed
to fit wing of ramp. East
side to end in a curb.
20' Red Curb
20' Red Curb
50' Red Curb
Description Estimated
Quantity Unit
Demo existing and installation of Type C Ramp at NWC of Cherokee Way @ Santa Monica St 1E A
Demo existing and installation of Type A Ramp at NEC of Cherokee Way @ Seminole Rd 1E A
Demo existing and installation of Type A Ramp at NWC of Cherokee Way @ Seminole Rd 1E A
Demo existing and installation of Type A Ramp at NWC of Mathew Dr @ Lenden Way 1E A
Demo existing and installation of Type B Ramp at SWC of Mathew Dr @ Lenden Way 1E A
Install Red Curb 150 LF
Install Stop Bars (12" wide) in white thermo 110 LF
Install Stop Legens in white thermo 8 EA
Install "thru" arrow in white thermo 1 EA
Install "right turn" arrow in white thermo 1 EA
Install striped median in white thermo (6" wide) 125 LF Install ladder style cross walks 12" wide white thermo perimeter bands, 24" wide white thermo bands spaced 24" apart. 3E A
Install Stop signs (R1-1 @ 30x30) with anchor and posts. Add wind brackets to back of sign. 5E A
Replace Stop sign (R1-1 @ 30x30) at NWC of Linden Way @ Mathew Dr.

Add wind bracket. 1E A
Install All Way plaques (R1-3P @ 18x6) with each stop sign. 6 EA Install Advance "Stop" warning sign (W3-1 @ 30x30) with wind brackets, posts, and anchor. 1E A
Relocate existing "Bus Stop Ahead" sign (S3.1) 1 EA
Item - 2C 60

RAMP - GENERAL NOTES
Item - 2C 61

GENERAL
NOTES

1. IF

DISTANCE
FROM
CURB
TO
BACK
OF

SIDEWALK
IS
TOO
SHORT
TO

ACCOMMODATE
RAMP
AND
4'

PLATFORM
(LANDING),
THE

SIDEWALK
MAY
BE

DEPRESSED
LONGl1UOINALLY
OR
MAY
BE
WIDENED.

2. IF

SIDEWALK
IS
LESS
THAN
6'
WIDE,
THE
FULL
WIDTH
OF
THE

SIDEWALK
SHALL
BE

DEPRESSED
AS
SHOWI\I
ON

DRAWING
NO.
213.

3. CURB
RAMPS
SHALL
HAVE
A

DETECTABLE

WARNING

SURFACE
{TRUNCATED
DOMES)
THAT

EXTENDS
THE
FULL
WIDTH
OF
THE
RAMP
ANO
3'-0"
DEPTH
OF
THE
RAMP.

DETECTABLE

WARNING

SURFACES
SHALL

CONFORM
TO
THE

DETAILS
ON

DRAWING
NO.
212.

USE
WAUSAU
TILE

DETECTABLE

WARNING
PAVERS
ADA2,
12"x12",
COLOR
A100,
OR

APPROVED
EQUAL.

4. THE
EDGE
OF

DETECTABLE

WARNING

SURFACE
NEAR
THE
STREET
SHALL
BE

BETWEEN
6"
AND
8"
FROM
THE
GUTTER
FLOWLINE.

5. SIDE
FLARE
SLOPE
(FOR
TYPE
A
ANO
C
RAMPS)
VARIES

UNIFORMLY
FROM
A

MAXIMUM
OF
10~
AT
CURB
TO

CONFORM
WITH
LONGI1UDINAL

SIDEWALK
SLOPE

ADJACENT
TO
TOP
OF
THE
RAMP,
EXCEPT
TYPE
B
(DRAWING
NO.
213)

6. TRANSITION
FROM
RAMPS
AND

LANDING
TO
WALKS,

GUTTERS,
OR

STREETS
SHALL
BE
FLUSH
AND
FREE
OF
ABRUPT
CHANGES.

7. RAMPS
IN
CURB
RE1URNS
SHALL
BE

LOCATED
IN
THE
CENTER
OF
THE
CURB
RE1URN,
UNLESS

OTHERWISE

DIRECTED
BY
THE
CITY
ENGINEER.

8. EXISTING
CURB
FACE

HEIGHTS,

SIDEWALK
ANO
GUTTER
SLOPES
AND

DIMENSIONS
WILL
VARY
FROM

LOCATION
TO
LOCATION.

EXISTING

PARAMETERS
AND

MAXIMUM
RAMP
SLOPES
SHALL

CONTROL
FINAL

HORIZONTAL
DIMENSIONS.

9. RAMPS
SHALL
BE
MARKED
IN
THE
FIELD
BY
THE

CONTRACTOR
AND

APPROVED
BY
THE
CITY

ENGINEER
PRIOR
TO
SAW
CUTTING.

10. THE

CONTRACTOR
SHALL

COORDINATE
THE
WORK
WITH

AFFECTED

UTILITY

AGENCIES
OR
OTHER
PUBLIC

AGENCIES
TO

RELOCATE
OR
ADJUST
TO
GRADE
ANY

UTILITY
PULL
BOXES,

MANHOLES,

VAULTS,
AND
ALL
OTHER

UTILITY
FACILITlES
WITHIN
THE

BOUNDARIES
OF
THE
RAMP.

11. THE

CONTRACTOR
SHALL
BE

RESPONSIBLE
FOR
ANY
DAMAGE
CAUSED
BY
HIM
TO

EXISTING

UTILITIES
OR

IRRIGATION
LINES.

12. MAXIMUM
SLOPES
OF

ADJOINING

GUTTERS,
THE
ROAD

SURFACE

IMMEDIATELY

ADJACENT
TO
THE
CURB
RAMP
OR

ACCESSIBLE
ROUTE
SHALL
NOT
EXCEED
5 PERCENT
WITHIN
4'
OF
THE
TOP
AND
BOTTOM
OF
THE
CURB
RAMP.

13. THE

DETAILS
SHOWI\I
IN
STD.

DWG.

NO.
212
ARE
BASED
UPON

CONSTRUCTION
WHERE
A
LEVEL
CURB
GRADE
Sl1UA
TION
EXISTS.

WHERE
STREET
GRADES
SLOPE,
STRICT

ADHERENCE
TO
THE

MAXIMUM
SIDE
FLARE
SLOPE
OF
10 PERCENT
MAY
NOT
BE

POSSIBLE
TO
ACHIEVE.

IN
SUCH
CASES,
THE
SIDE
FLARES
WILL
BE

PERMITTED
TO
VARY

DEPENDING
UPON
CURB
GRADE.

THE

FOLLOWING
TABLE
LISTS
THE

APPROXIMATE
SIDE
FLARE

DIMENSIONS

CORRESPONDING
TO

INCREASING
CURB
GRADES
{FOR
6-INCH
ANO
8-INCH
CURB

HEIGHTS)
IN

ADHERENCE
TO
A.D.A.

MAXIMUM

ALLOWABLE
SLOPES.

SIDE
FLARES
IN
EXCESS
OF
20 FEET
WILL
NOT
BE

REQUIRED
.

14. CURB
RAMPS
SHALL
COMPLY
WITH

CURRENT

FEDERAL
A.D.A.

REGULATIONS.

CURB
GRADE
6-INCH
CURBS
8-INCH
CURBS

DOWNHILL
SIDE
UPHILL
SIDE

DOWNHILL
SIDE
UPHILL
SIDE
0 (LEVEL)

4.0 FT.

4.0 FT.

5.0 FT.

5.0 FT.
2 PERCENT

4.0 FT.

4.4 FT.

5.0 FT.

6.0 FT.
4 PERCENT

4.0 FT.

5.4 FT.

4.0 FT.

7.4 FT.
6 PERCENT

4.0 FT.

7.1 FT.

4.0 FT.

9.6 FT.

B

PERCENT

4.0 FT.

10.2 FT.

4.0 FT.

13.9 FT.
10 PERCENT

4.0 FT.

18.3 FT.

4.0 FT.

20.0 FT.
12 PERCENT

4.0 FT.

20.2 FT.

4.0 FT.
/ "\

20.0 FT.

J,,,
r
.J
CITY
OF
PALM

SPRINGS
~:uA>t1
,.....

DATE:
4 -i,.,.o,
;-JA
-
PUBLIC
WORKS
&

ENGINEERING

DEPARTMENT
I 5727
t:ITY

ENGINEER
~
-
R.C.E.

CURB
RAMP

GENERAL
NOTES
DRAWN
BY:

G.F.F.

FILE
NO.

STANDARDS
-

CHECKED
BY:

S.K.

DWG.

NO.
212-A
TYPE "A" RAMP
Item - 2C 62
BACK
OF

EXISTING
SIDEWAU<
11 II
I I I
I I I

EXISTING
CURS
AND
GUTIER
(OR

MONOLITHIC

CROSS-GUTTER)
II

0.45"
)
~
II
I
II
I
II
I
------1..I
I I I

1.67"
TO

2.35"
CENTER
TO
CENTER

SPACING
• I I
..
~
@@@
~f@@@
TOP~

DIAMETER
I'! 0
.. I I
..
~ 0.90" BASE
4"

OVERCUT
I
@@@
~ -
DIAMETER • I
I"
@
RAISED

TRUNCATED
DOME

PATTERN

EXISTING
P.C.C.'\._
~
.,,....
-:::::-

SIDEWALK
~
/
/

TRUNCATED
DOMES

REQUIRED
___
:::--;:::,A'\/
SEE
NOTE
NO.
3 OF
STD.

DWG.

NO.
212-A
-
-
-
-
10X:

MAX.

AT
CURB
(TYP)
_
-
-
SEE
NOTE
NO.
5 OF
STD.

DWG
.

NO.
212-A
---
FACE
OF
CURS
• •
P.L
4"(TYP.)

SECTION
A-A
EXIST.

P.C.C.

CURB
AND
GUTTER
(OR

MONOLITHIC

CROSSGUTTER)
L -t
MATCH

EXISTING
P.C.C.

GUTTER
"'7~-:.:,-.J-.L-.---=====1-.L
(6"
MIN.

THICKNESS)

SECTION
B-B
NOTES: 1.

P.C.

CONC.

SHALL
BE

MINIMUM
560-C-3250

CONCRETE
IN

ACCORDANCE
WITH
THE

STANDARD

SPECIFICATIONS
FOR
PUBLIC
WORKS

CONSTRUCTION
(6
SACK).

2. SEE
C.P.S.

STANDARD

DRAWING
212-A
FOR

GENERAL
NOTES
.

CITY
OF
PALM

SPRINGS
PUBLIC
WORKS
&

ENGINEERING

DEPARTMENT
R.C.E.

CURB
RAMP
DETAIL
-
TYPE
A
DRAWN
BY:

G.F.F.

FILE
NO.

STANDARD

CHECKED
BY:

S.K.

DWG.

NO.
212
TYPE "B" RAMP
Item - 2C 63

VARIABLE
HBGHT

RETAINING
CURB,
IF

NECESSARY
AT
EDGE
OF

SIDEWALK
B
i---2=X
MAX.

8.33X
MAX.

EXISTING
P.C.C.

SIDEWALK

8.33:11;
MAX.
:::::::::
: :::::::::

SEE
NOTE
N0.2
OF
STD.

DWG.
212-A
------
:::::::::
.......... ..........

1.6r
TO

2.35"
CENTER
TO
CENTER

SPACING
• I I
•
~F@@@ ~
@@@
I-I
@@@
r,. ~ -
4"

OVERCUT
RAISED

TRUNCATED
DOME

PATTERN
NOTES:

VARIABLE
HBGHT

RETAINING
CURB,
IF

NECESSARY
::::::::: ::::::::: ::::::::: :::::::::
! ::::::::: .......... . ........
.
. ........
.
: ::::::::: .......... . ........
.

A
.........
. ........
.

TRUNCA
lED
DOMES
SEE
NOTE
NO.
3 OF
STD.

OWG.
212-A
EXIST.

PCC
SIDEWALi(
4"
(TYP.)
5'
MIN.

I ..

SECTION
A-A
PL
EXIST.

P.c.c.

CURB
AND
I
EXIST.

PCC

SIDEWALK
--1
GUTTER
(OR

MONOLITHIC
:.•· _L
____
-i,

CROSSGUTTER)
•
[::
".;
2X
MAX.
_
~
~-t-
,.·. , · . .-, ....
:~"
:~~~~~:~-
-~MATCH

EXISTING
P .C.C.

GUTTER

SECTION
B-B
(6"
MIN.

THICKNESS)

1. SEE
CffY
OF
PALM

SPRINGS

STANDARD

DRAWING
212-A
FOR

GENERAL
NOTES

2. P.C
, CONCRElE
SHALL
BE

MINIMUM
560-C-3250

CONCRETE
(6
SACK)
IN

ACCORDANCE
WITH
THE

STANOARO

SPECIFICATIONS
FOR
PUBLIC
WORKS

CONSTRUCTION,
2015
EDlllON.

CURB
RAMP
DETAIL
-
TYPE
B

CHECKED
BY:

G.F.F. S.K.

N.T.S.

OWG.

NO.
213
NO. REVISIONS APPROVED

TRUNCATED DOMES REQUIRED
12" MIN. RADIUS
MATCH EXIST. CURB SEE NOTE NO. 3 OF STD. owe. N0.212-A
----1---'
4" OVERCUT
EXISTING P.C.C. CURB ANO

GUTTER OR MONOLITHIC
CROSS-GUTTER (TYP.)
MATCH EXIST. P.C.C.

GUTTER (6" MIN.
lHICKNESS)
NOTES:
-- ---- -......_ -- 31-NEW PCC SIDEWALK - -
(INCLUDED IN BIO PRICE FOR RAMP)_/
� � 4" O\/£RCUT
t.67" TO 2.35"

CENTER TO

CENTER SPACING
· I I·
�F
@@@
� @@@ � • @@@
� �

FACE OF CURB

SECTION A-A

0.45"
TOP
�
DIAMETER C"! 0
• I
I I
.c:::,.

0.90"
BASE

DIAMETER
• I I •
@

RAISED TRUNCATED

DOME PATTERN

1. SEE C.P.S. SID. DWG. 212-A FOR GENERAL NOTES.

2. P.C. CONCRETE SHALL BE MINIMUM 560-C-3250 CONCRETE JN ACCORDANCE WllH THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, 2015 EDlllON (6 SACK).

CITY OF PALM SPRINGS

PUBLIC WORKS & ENGINEERING DEPARTMENT

CLOSEST EXISTING

JOINT IN SIDEWALK
DATE
R.C.E.

CURB RAMP DETAIL - TYPE C
DRAWN BY: G.F.F. FILE NO. STANDARDS
DWG. NO. 214 CHECKED B Y: S.K.

Item - 2C 64
VARIABLE HEIGHT RETAINING TOP OF RAMP NEW SIDEWALi<
CURS, IF NECESSARY ~ROUNDED) ~ • 4• MIN. • 1 ~
EXIST. P.C.C. CURB ANO~
GUTTER (OR MONOLITHIC _J
CROSSGUTTER) ~~=-=~•~~2;:::~;,;MA~X~-~-~
~r-~ ~~~~~~,. :~~~~~}~~ .. : .. 1~~~~-:..:...·-~·~c~:~~--_.!•'~·-~·~·~·~~-~--r_7-tr- MATCH EXIST.

SIDEWALi<
TYPE "C" RAMP
en
r
3'-6" 3'-6"
}
'-6"
-1
\
I \
I\
I \
I
7 f-- -,-
I
I \
I[ ,,, r:::: \
,,; .,.
c-
I \ I \
l,, '-.\ ,/,,, ,\
- 1 '-0" GRIO
ii N;
.� W-'.:-2"
A=14 ft2
TYPE I 10'-0" ARROW
6'-0"
1 '-0" GRIO -� 1 '-0"
A=25 ft2
TYPE I 18'-0" ARROW
1 '-0" GRID-� I 1'-0"
,--
A=31 ft2
TYPE I 24'-0" ARROW
1 '-0" GRIO 1'-0"
A=15 ft2
TYPE Ii (L) ARROW
!!Qli:
(For Type Ii (R) arrow,
use mirror Image}
Minor variations In dimensions
may be accepted by the Engineer.
<:i
5'::6"
--
J
I \
I '
\
' \ �
I ' .,
I \
I'--... \
J / ...... - .,
//'
IY
l
c- c-
i5
,1f
/';
ff/
I I I -.,,v I
l
A=42 ft2
TYPE iI ARROW
Right lane drop arrow
{For left tone,
use mirror Image)
1 '-9"
6" C 110 -� µ"
-.-
A=3.5 ft2

BIKE LANE ARROW
9'-0"
I\
I \
I \
f---- V I'-.:�
,,
/' J \ ",
/ { } °"J.,,
� -c- I\
� \ I/ A ,I/
'\ \ I\. I I / \
I V
I
I
I
'
1 '-0" GRIO � µ_'.::Jl"
A=36 ft2
TYPE ilII ARROW
I
' -.
\
I '
' \
A IY ',\
//
/ I
� - �,
\. 1>--'' \ I\
\
1 '-0" GRIO -J 11·-o
A=27 ft2
TYPE :m ( L l ARROW
(For Type JlI (R) arrow,
use mirror Image)
/ l
·' "''
0i$11 JtHY I AOUT(
,·5
l'_:,O"l.i
1 '-0"
A=33 ft2

TYPE I ARROW

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

PAVEMENT MARKINGS
ARROWS
I\)
c.n
(J)
-I
!I Ii
)>
�I
I'""
)>
z
)>
N
)>
l
I ---
r,v .,�,.Le.

I A24A I
I - - - - --- - .......

Item - 2C 65
µ
9 ? t,
"'
/ l
r '"
'- l
1 l
~
rltu ---r--
h ~
, 1
i,
( ,_ .:
i~
0 ...
~,
J
I
J ,- f-...

L
111111111
111111111
II I Ill 1111111111111 11111111111111
A=43 ft2
r
A=35 ft2 ��
I.O
111111111
'""'Ill
II I Ill11111 :i
11111 -,-
A=32 ft2
�� 1-- I
A=10 ft2
11111 11111 UIH 11111 111111111 ntllli 111111111
:i
� 1
co:
1 Ill
A=19 ft2
..

Ll 1---f
A=42 ft2
Ill
:i
qi._1
l'
N
f
A=5 ft2
11111 1111,� 111111111
�
:i
·t' 1
A=24 ft2
I� Ill
:i
A=26 ft2
��I-]
?:11--1
A=24 ft2
:i
� 1---f
A=22 ft2
Mltllmt -
II I II 11111 11111
A=6 ft2
r
1 :i tm-ttttttt-rrtttttm- �l
� �
1 A-23 ft2
4"� �-
A=26 ft2
�l
�� 1---f
;,-
?:I I-
'°I __J_
4•� 1
A=1 8 ft2-
I-
A=19 ft2
.11111 111111111
""""'
""""'
11111111111111
A=21 ft2
NOTES:

Distl :our-it, I ROl ,TE
�
1 �-
:i
◄_:j I-

1. ��a� T,�:.�,
0 ��e.�
0 ��sirr�! ;i;: :::� :8
n=���;t
1 \h'"e
u
��Tver.

2. The space between words must be at least four times
the height of the characters for low speed roods, but
not more than ten t I mes the he I ght of the characters.

The space may be reduced appropriately where there ls
llmlted space because of local conditions.

3. Minor variations In dimensions may be accepted by the Engineer.

4. Portions of a letter, number or symbol may be separated by connecting segments not to exceed 2" In width.

ITEM
XING
AHEAD
WAIT
LANE
RIGHT
ft2
21 31
19 6
26 WORD MARKINGS
ITEM ft2 ITEM ft2 ITEM
YIELD 24 BIKE 5 PED
SCHOOL 35 SLOW 23 COMPACT
SIGNAL 32 STOP 22 RUNAWAY
TURN 24 LEFT 19 VEHICLES
HERE 26

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

PAVEMENT MARKINGS
WORDS

NO SCALE
ft2
18 10
43 ◄2
A24D
N 0
en-I l> zC l> :::0 C
'ti r­l> z
l> N�C
Item - 2C 66
. l
- I II I ~ n
I
I l i
T i,., ,
I
] : ;\ n
i ' - -
r_~.

II II
H I~
~
l rr r
~ ·
~ H
I ..

A= 31 ft 2

I I I I I I I I I
....
c.n
L_----====---------===-~~-----= -===-=--- -------=-=---=-----=-=-==- ____J~ ~ 1 '-0" TO 5'-0"

DDDDDDDDDDD

CONTINENTAL
See Note 1
"'-- 1 '-0" TO 2 '-0"
DD DD DD DD DD Dr,
�r

DDDDDDDDDDDJI
� �2'-0"
Min

TRIPLE FOUR
See Note 1
N 1 '-0" TO 5'-0" SEE NOTE 2 1 '-0" TO 2'-0"
1 '-0" TO 2'-0"
.LADD.EB
��
1 '-0" TO 2'-0"
, 1 '-0" TO 2'-0"

DIAGONAL
1 '-0" TO 2'-0"__/''·

HIGHER VISIBILITY CROSSWALKS
NOTES:

1. Spaces between markings must be placed In wheel trocks of each lone.

2. Spacings not to exceed 2,5 times width of longitudinal I ine.

3. !��rs
ss :���
��r;�rPosw.
must be white except those near
.§AfilC
1 '-0" TO 2'-0"

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

PAVEMENT MARKINGS

CROSSWALKS
NO SCALE A24F
I\)
0 ...
u,
"'
-I
)>
z
C
�I
"C
r­
)>
z
)>
I\)
�
"T1
_______1:_21:..!.1
Item - 2C 67
ROUTE
I--+---+- --,~===--t-'=<-j== 1

DDDDDDDDDDDDDD
1 '- 0" TO 2 '- 0" -
_[
ATTAC
HMENT 9
Item - 2C 68

WORK ORDER REQUEST
Location: Work Order Number
Linden Way@ Mathew Dr 101520-1
Sign Work Scope of Work
S n Code
NA
...-Q_u_a-nt--
§§ §§
lze Existing Description of Work
NA �A 1-_N_A_.....,. ________ 2_0_f_e_et_R_e_d_C_u_rb___;:;@_N_W_C _______ � NA NA NA NA Trim plants ..._ __ __,JL-L---------------'-------------i Engineer's Comments / Special Instructions
Paint red curb (NWC) and trim plants (NEC). Call Francisco Jaime@ ext 8750 to schedule field meedng and go over City ROW.

Priority of Work
No rmall
Order Prepared By
Francisco J. Jaime
e
Assoofate Civil Engineer
Crew names
��tl ��..l
'2..()�.),.....l.(_,
Ro,l\AS,d�
Completed by Engineering Services Department
Do as Routine Maintenance Field review by Engineering
__ Qut of Cycle Francisco J. Jaime
Division Approval • Signature Division Approval- Signature Joel Montalvo, MPA, PE
fJ�
Division Annroval - Title I
City Engineer
Completed by Maintenance & Facilities Department
Total crew hours Supervisor: Print Name
Maintenance Comments
Initiated By:

Police Department
Justification
Supervlor Signature & Date
Item - 2C 69
It
11 L-- ------ --' L- -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_, -==================~-. 1-------- --- er
Quantity New Size Existing

NA NA NA NA

NA NA NA NA
Crew names Total  crew hours Supervisor: Print Name
Maintenance Comments
Title
Associate Civil Engineer
Division Approval ‐ Title
City Engineer
Picture of Area Needing Work
Division Approval ‐ Signature Division  Approval ‐ SignatureOrder Prepared By Engineer's Comments / Special Instructions
Police Department
Justification
Paint red curb (NWC) and trim plants (NEC). Call Francisco Jaime @ ext 8750 to schedule field meeting and go over City ROW.

Init
iated By:

Sight Distance Issues
Linden Way @ Mathew Dr
NA Trim plants
Francisco J. Jaime Joel Montalvo, MPA, PE
Priority of Work
Normal
NA 20 feet Red Curb @ NWC
WORK ORDER REQUEST
Sign Work Scope of Work
Completed by Engineering Services Department
Description of Work
Supervior Signature & Date
Do as Routine Maintenance
Out of Cycle
Field review by Engineering
Francisco J. Jaime
Completed by Maintenance & Facilities Department
Work Order Number
101520‐1
Sign Code
Location:

N
20 ft Red Curb
Trim vegetation
Item - 2C 70
-§§§----
1 1✓~
---- :=:=_ =_ =_ =_ =_ =_ =_ =_ =:::::,-1 ~--~ ~----
ATTAC
HMENT 10
Item - 2C 71
East Matthew Drive
Project Site
Item - 2C 72
ATTAC
HMENT 11
Item - 2C 73
Item - 2C 74
Item - 2C 75
Item - 2C 76
ATTAC
HMENT 12
Item - 2C 77

PALM SPRINGS, CALIFORNIA

LANDSCAPE PLANS FOR

S H E E T
SCALE:

REVISION

L A N D S C A P E D E S I G N

DESERT MODERN
LANDSCAPE ARCHITECTURAL SERVICES BY: VIP MOTOR CARS LTD. 4193 MATTHEW DRIVE

VEHICLE INVENTORY PARKING
Underground Service Alert
BEFORE
YOU
DIG
LLAC
80 SCALE: 1" = 20'
60 40 20 10 0
03-08-20
1" = 20'-0"

LANTANA 'NEW GOLD'

WASHINGTONIA HYBRID

DASYLIRION WHEELERI
or ROSMARINUS OFFICINALIS
'HUNTINGTON CARPET'

DALEA GREGGII

ENCELIA FARINOSA

LARREA TRIDENTATA

LEUCOPHYLLUM 'GREEN CLOUD'

MASTER PLANTING PLAN
or LEUCOPHYLLUM 'GREEN CLOUD'
or LARREA TRIDENTATA

WROUGHT IRON FENCE

IRON FENCE

PROPOSED WROUGHT PROPOSED WROUGHT

IRON GATE

WALL TO REMAIN

EXISTING BLOCK

WALL TO REMAIN

EXISTING BLOCK
12-01-20
Item - 2C 78
!~
~
~
m
~
0 ~
~ CX> -C
....... )> g
....... , Q
~
~
JJ
~
IT ;
FC
(W,,
'-'
'
·'
• <
·-' ·<'
·' . ,; \ . <":- ., .. , . .

RETWALL TOP
--~ '; ;;~
352.23
BLOCK WALL 1W
BlOCK WAlltW9.
358.78
L/PGUT
.149.38
,. <,
~
• ~
1F !'"
"
~
~ 0
BLOCKWALL TW _;;t: t:JLVU\" rYJ"ILLDl'Y I
BLOCK WAl.f6til J:,V.53
~
i "' ~i ,z
0 '
z ,o
0 3
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"
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=:~1;~
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~~ §-< ;i>
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~~ 5:l: ~
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~ . . . . . . .

G) QQOOJ2~~-:_
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~ ;::~~~!!:<.6~2:ri  o. - oii.1i:'Ec;)o.:c:~ "ti - Oo<><e:!1111:1" ~(!) 0- ~ 3onn::.<Q.roo' 0 _. vi o a ro ~ c: :!1-o :,::
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0 n!::.5fO:::? "'T'l crf" ii;' "".'.i :::J o:i,.::,<1>ro!llm = :::! !!. oa.m~'filg-i -:..... O
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CITY COUNCIL STAFF REPORT
05/12/2022   2. D.

City Clerk -

SUBJECT
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2022–2023 ANNUAL

ACTION PLAN (AAP) AND BUDGET ADOPTION HEARING AND AUTHORIZATION

FOR SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT, FOR THE FISCAL YEAR 2022–2023 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, 48TH PROGRAM YEAR; AND

AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY

AGREEMENTS
RECOMMENDATION:

Open the Public Hearing for public testimony.1.

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE 2022-2023 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION
PLAN; APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT
BUDGET FOR FISCAL YEAR 2022-2023 IN THE AMOUNT OF $430,000; AUTHORIZING THE SUBMITTAL OF THE PLAN AND BUDGET TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD); AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
APPROVAL/AGREEMENT WITH HUD – GRANT # B-22-MC-06-0561 IN THE ESTIMATED AMOUNT OF $430,000 AND TO EXECUTE THE SUBRECIPIENT

AGREEMENTS

2. Attachments
Item 2D

CITY COUNCIL STAFF REPORT

DATE: May 12, 2022 PUBLIC HEARING

SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2022–2023

ANNUAL ACTION PLAN (AAP) AND BUDGET ADOPTION HEARING AND

AUTHORIZATION FOR SUBMISSION TO THE UNITED STATES

DEPARTMENT OF HOUSING & URBAN DEVELOPMENT, FOR THE
FISCAL YEAR 2022–2023 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, 4 8
TH PROGRAM YEAR; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL NECESSARY AGREEMENTS.

FROM: Justin Clifton, City Manager

BY: Community & Economic Development Department

SUMMARY:

This action approves the 2022- 2023 Annual Action Plan and Budget. The resolution (ATTACHMENT 1) also authorizes the City Manager to execute all agreements with U.S. Department of Housing & Urban Development (HUD) as well as the CDBG program’s Subrecipients, including City Departments. The Annual Action Plan (AAP, ATTACHMENT 2) is prepared by the City pursuant to requirements set forth by HUD, which mandate that units of government receiving federal housing and community development assistance must prepare an AAP as part of the implementation of the Five-Year Consolidated Plan (ConPlan) which serves as the blueprint for community development activity in the City. This second public hearing is part of the public review and approval process for submittal to HUD.

RECOMMENDATION:

1) Open the Public Hearing for public testimony.

2) Adopt Resolution No. __, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE 202 2-2023 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN; APPROVING

THE COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET FOR FISCAL YEAR 2022-2023 IN THE AMOUNT OF $ 430,000; AUTHORIZING TH E SUBMITTAL OF

THE PLAN AND BUDGET TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD); AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPROVAL/AGREEMENT WITH HUD – GRANT # B-22-MC-06-0561 IN THE ESTIMATED AMOUNT OF $ 430,000 AND TO EXECUTE THE SUBRECIPIENT AGREEMENTS”.

Item - 2D 1
City Council Staff Report
May 12, 2022 – Page 2 of 4
CDBG 2022 – 2023 Annual Action Plan Public Hearing 2

BACKGROUND:

On February 24, 2022, the City Council discussed potential uses for the 202 2-2023 CDBG Funds. At this meeting , the City Council was presented with potential Public Improvement and Capital Improvement, Public Service, and Rehabilitation projects which meet the City’s 2020- 2024 Consolidated Plan (ConPlan) goals for non- housing community development as shown in ATTACHMENT 3.

On March 10 , 2022, the City Council held a public hearing for the 2022- 2023 Annual Action Plan (AAP). The AAP was made available for public review for a period of 30 days (March 14 , 2022 , to April 1 3, 202 2), as required by HUD. No comments were received.

A second public hearing was scheduled for April 21, 2022 and was continued until May 12, 2022.

STAFF ANALYSIS:

Of the total estimated amount of CDBG funds to be allocated for the 202 2-2023 Fiscal Year ($430,000), t he Federal statute requires that at least 70% of the expenditures benefit Low/Mod persons. As an entitlement grantee, the City has and will continue to utilize these funds for neighborhood revitalization, preserving decent housing, expanding economic opportunities, and/or improving community facilities and services , principally to benefit Low/Mod pers ons. A map showing the City’s Low/Mod areas is provided in ATTACHMENT 4.

There are also statutory limitations on the percentage of CDBG funds that may be utilized for administrative purposes, at no more than 20% of the entitlement, and Public Services, at no more than 15% of the entitlement. The remaining funds are to be utilized for Public Facilities and Capital Improvements, and Housing Rehabilitation . The total funds recommended for 2022-2023, by eligibility category, are estimated as follows:

Public Facilities and Capital Improvements $279,500
Public Services (includes Fair Housing) $ 64,500
TOTAL PROGRAMMATIC FUNDS (80%) $344,000

ADMINISTRATION (20%) $ 86,000

TOTAL CDBG 2022–2023 FUNDING $430,000
Item - 2D 2
City Council Staff Report
May 12, 2022 – Page 3 of 4
CDBG 2022 – 2023 Annual Action Plan Public Hearing 2

2022-2023 ANNUAL ACTION PLAN RECOMMENDATIONS

As the Public Services category of resources in the amount of $64,500 exceeds the estimated expenditures by $6,500 for Fair Housing ($48,000) and Home Repair Program ($10,000) which total $58,000, it is recommended that $6 ,500 be allocated to Public Facilities and Capital Improvements. Thus, a total of $286,000 is recommended for Public Facilities and Capital Improvements expenditures. The proposed expenditures are detailed below:

Public Facilities & Capital Improvements:

Shade Structures for Playground Equipment. CDBG may fund shade structures at Demuth Park and Baristo Park within the Low/Mod areas of the City. It is anticipated that three large shade structures would utilize the entire amount allocated for public facilities and capital improvements ($286,000 ). The dimensions for each structure will vary but are estimated to be approximately 32 feet by 34 feet and will be approximately 14 feet tall. The steel powder coated frames and fabrics are available in a variety of colors.

2,704 Census Tract; 2,127 L/M 2,704 PS Residents Recommended: $286,000

Public Services:

Fair Housing Council of Riverside County – Fair Housing Program : Under CDBG guidelines, the City is required to provide its residents a fair housing program. Staff recommends working with the Fair Housing Council to provide comprehensive services which affirmatively address and promote fair housing rights and landlord/tenant services. These include anti -discrimination investigations, landlord/tenant mediation services, training and technical assistance, workshops and seminars, and housing discrimination audits and tests.

2,000 City-wide; 1,800 L/M; 2,000 PS Residents Recommended: $48,000

Rehabilitation:

City of Palm Springs Community & Economic Development – Home Repair Program (Rehabilitation): For the past 35 years, the City has operated a Home Repair Program.

This program assists very low -income homeowners with minor routine maintenance, emergency repairs and accessibility modifications at nominal costs, including other related health and safety code work. First -year participants receive standard disaster preparedness items (i.e., hot water heater strapping). The annual $1,500 grant excludes the first-year disaster preparedness items and any Code Enforcement abatement.

20 City-wide; 20 L/M; 20 PS Households Recommended: $10,000

The next steps for moving the City’s CDBG program forward would be to submit the Fiscal Year 2022-2023 Annual Action Plan and Budget to HUD for review and approval.

Item - 2D 3
City Council Staff Report
May 12, 2022 – Page 4 of 4
CDBG 2022 – 2023 Annual Action Plan Public Hearing 2

ALIGNMENT WITH COUNCIL PRIORITIES AND STRATEGIES:

The City Council adopted the 2020 Five Year Consolidated Plan on July 9, 2020. The ConPlan is the broader five- year community development plan required by HUD for all jurisdictions that directly receive HUD funds and is designed to help states and local jurisdictions assess their affordable housing and community development needs and market conditions . The Annual Action Plan implements the actions, activities, and resources that will be used each year to address the priority needs and specific goals (Attachment 2) identified by the Consolidated Plan.

ENVIRONMENTAL IMPACT:

The recommended ac tion does not result in a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a Project means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

FISCAL IMPACT:

This action is a pre- requisite to ensuring the City may receive its anticipated $430,000 CDBG entitlement.

REVIEWED BY:

Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton

ATTACHMENTS:

1) Resolution
2) Draft 2022 – 2023 CDBG Annual Action Plan
3) 2020-2024 ConPlan Goals
4) Low/Moderate Income Census Block Map
Item - 2D 4
ATTACHMENT 1
Resolution

Item - 2D 5
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING THE 202 2-
2023 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) ANNUAL ACTION PLAN; APPROVING THE

COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET
FOR FISCAL YEAR 202 2-2023 IN THE AMOUNT OF
$430,000; AUTHORIZING THE SUBMITTAL OF THE PLAN

AND BUDGET TO THE UNITED STATES DEPARTMENT
OF HOUSING & URBAN DEVELOPMENT (HUD); AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE
APPROVAL/AGREEMENT WITH HUD – GRANT # B- 22-
MC-06-0561 IN THE ESTIMATED AMOUNT OF $4 30,000
AND TO EXECUTE THE SUBRECIPIENT AGREEMENTS.

WHEREAS, as a Community Development Block Grant entitlement community, the City of Palm Springs is required to prepare and submit a F ive Year Consolidated Plan and Annual Action Plan for the use of the federal funds received; and

WHEREAS, the City of Palm Springs is eligible to receive an estimated entitlement of $430,000 of Community Development Block Grant funds under the U.S. Department of Housing & Urban Development regulations; and

WHEREAS, the se funds, totaling $ 430,000, must be used for eligible activities which principally benefit low and moderate income persons; and

WHEREAS, the City Council held two public hearings on March 10, 2022, and May 12, 2022, to receive public input on the allocation of these funds;

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The 2022-2023 Annual Action Plan is hereby approved. The City Manager or his designee is authorized to submit the Annual Action Plan, which accurately reflects the 2022-2023 CDBG budget and projects approved by the City Council to the United States Department of Housing & Urban Development.

SECTION 2. The total Community Development Block Grants funds available for 20 22- 2023, by authorized category of basic eligibility, are approved as follows:

2022-2023 CDBG
Public Facilities and Capital Improvements $2 86,000
Public Services (includes Fair Housing) $ 48,000
Rehabilitation $ 10,000 Item - 2D 6
Resolution No. _______

TOTAL PROGRAMMATIC FUNDS (80%) $ 344,000

ADMINISTRATION (20%) $ 86,000

TOTAL CDBG 2022–2023 FUNDING $ 430,000

SECTION 3. The City Manager is hereby authorized to accept and execute the Funding Approval/Agreement with HUD – Grant #: B-22-MC-06-0561 in the amount of $430,000, for the Fiscal Year 2022- 2023 CDBG Program, 48 th Program
Year.

SECTION 4. The City Manager is hereby authorized to execute the following Subrecipient Agreements and all necessary documents, in a form acceptable to the City Attorney:

2022-2023 CDBG:

City of Palm Springs Department of Public Works & Engineering – Demuth Park 2 Shade Structures $190,666
City of Palm Springs Department of Public Works & Engineering – Baristo Park 1 Shade Structure $ 95,334
Fair Housing Council of Riverside –Fair Housing Services $48,000 City of Palm Springs Department of Community & Economic Development – Home Repair Program $10,000

SECTION 5. The City Manager is authorized and directed to adjust the budget amounts, and Subrecipient Agreements in Section 4 of this resolution, should the final award from HUD differ from the estimated funding.

Item - 2D 7
Resolution No. _______

ADOPTED this ___ day of May 2022.

Justin Clifton, City Manager

ATTEST:

Monique M. Lomeli, CMC, Interim City Clerk

Item - 2D 8
Resolution No. _______

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, MONIQUE M. LOMELI, Interim 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 April __, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Monique M. Lomeli, CMC, Interim City Clerk
City of Palm Springs, California
Item - 2D 9

ATTACHMENT 2
DRAFT 2022 – 2023 Annual Action Plan

Item - 2D 10

Annual Action Plan
2022
1 OMB Control No:

Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
The City of Palm Springs has been operating as an entitlement community since 1987 under the U.S.

Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program. The Annual Action Plan delineates the City's proposed investment of its allocation in CDBG entitlement funds during the fiscal year 2022 – 2023 spanning July 1, 2022, through June 30, 2023, the forty-eighth year of operation for Palm Springs' CDBG program. The Action Plan will serve as the City of Palm Springs's annual application to HUD for federal funds over the next year and is the third in the five- year (2020 – 2024) ConPlan. The Annual Action Plan builds upon the strategies articulated in the ConPlan. It represents the City's continued effort to provide activities that address the housing and other community-identified priority needs of the very low, low, and moderate-income residents of Palm Springs.

2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.

The ConPlan is a tool used by the City to bring it closer each year to accomplishing the goals and objectives as outlined within the Consolidated Plan. The City's goals and objectives for the next five years are summarized below and address such issues related to seniors and youth, homeless, handicapped, and those in general that fall within the very low to low and moderate-income levels. The goals and objectives address needs within the community and what areas to focus on to address those needs.

3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.

The City of Palm Springs collaborates and partners with many organizations, groups, individuals, and agencies that express an interest in providing input and working with the City to identify and address gaps in the service and the needs of the community. These efforts are mainly for those that experience financial instability, which manifests into many other areas of need. Palm Springs has also managed to Item - 2D 11

Annual Action Plan
2022
2 OMB Control No:
continue with its affordable housing program. These funding sources are instrumental in carrying out the programs and projects identified to meet the goals and objectives also determined by the City as being essential to provide needed services and fill gaps in services. The City of Palm Springs will be able to undertake designated programs and projects in FY 2022/2023 designed to meet the goals and objectives outlined within the new Five-Year Consolidated Plan for FY 2020/2021 through FY 2024/2025.

The economy, homeless epidemic, and housing crisis the State faces still has created a need greater than the City can address in a single year or possibly even in multiple years. With the continued focus on improving conditions and implementing programs and projects designed to meet the needs and address gaps in service, some improvements will be made as the year progresses. However, the City has been able to achieve some measure of progress through the funding of organizations that are specifically established to provide direct services to homeless and low to moderate-income persons.

4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan.

The City followed its approved Citizen Participation Plan (CPP) while developing the Action Plan. For the FY 2022-2023 Annual Action Plan, the City held two virtual public hearings to gather citizen participation in the planning process and development of proposed activities of the Action Plan. Additionally, the City encourages feedback from the public to submit written responses to the City Clerk during the commenting period of the Draft Annual Action Plan. The Draft Annual Action Plan was advertised in the local newspaper and was available for review in the Office of the City Clerk, City of Palm Springs, 3200 E.

Tahquitz Canyon Way, Palm Springs, California, 92262 and on the City’s website (www.palmspringsca.gov). The Draft Annual Action Plan was made available electronically for public review and comment for a 30-day period beginning March 14, 2022, to April 13, 2022. Newspaper AD – A Legal Notice was published in the Desert Sun newspaper on February 26, 2022 to advertise upcoming public hearing and the upcoming Action Plans 30 -day availability was published in the local Desert Sun newspaper. Public Hearing - The City Council held its first of two Public Hearings on March 10, 2022. Internet Outreach - Information regarding the Draft Action Plan was published on the City website event calendar for the encouragement of public participation Internet Outreach - Information regarding the Draft Action Plan was made available on the City's website under CDBG webpage to encourage public participation. Newspaper AD – A Legal Notice was published in the Desert Sun newspaper on April 8, 2022 to advertise a second public hearing on April 21, 2022. The City Council held the second required Public Hearing on April 21, 2022.

5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.

The City did not receive any public comments after the 30-day public participation period.

Item - 2D 12

Annual Action Plan
2022
3 OMB Control No:

6. Summary of comments or views not accepted and the reasons for not accepting them No comments were rejected.

7. Summary
Through the Citizens Participation Plan process, public hearings, meetings, and applications, the City were able to approve programs and projects of the Annual Action Plan that would meet our designated goals and objectives as outlined in the Consolidated Plan. The goals and objectives will assist the City in determining what programs and activities to fund to continue meeting the needs as identified within the community.

Item - 2D 13
Annual Action Plan
2022
4 OMB Control No:

PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
CDBG Administrator PALM SPRINGS Community & Economic Development Department
Table 1 – Responsible Agencies
Narrative (optional)
The Community and Economic Development Department of the City of Palm Springs is the lead department responsible for the 2022-2023 Annual Action Plan. The Community and Economic Development Department also coordinated and consulted with a variety of City Departments in coordinating extensively, both internally and with other County Agencies or nonprofit organizations, to provide vital community services. The City's coordination and consultation efforts began in early fall and have included numerous forums, one-on-one telephone calls with social service providers, and public hearings held in City Council chambers. The City of Palm Springs is a local government jurisdiction with a population of 48,518(2019 ACS). The City has been an Entitlement Community for CDBG Program since FY 1987.

Consolidated Plan Public Contact Information
Contact Person: Jay Virata, Community & Economic Development Director Street Address: 3200 E Tahquitz Canyon Way, Palm Springs, CA 92262-6959 Mailing Address: PO Box 2743, Palm Springs, CA 92263-2743 Item - 2D 14

Annual Action Plan
2022
5 OMB Control No:

AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
The 2022- 2023 Annual Action Plan was prepared as a joint effort between multiple public, private, and non-profit community partners as well as through community outreach and engagement.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
The City developed this Annual Action Plan Plan through consultation with adjacent local governments such as the Riverside County Housing Authority, Palm Springs CoC, Department of Public and Social Services, as well as City Departments, social and health service providers, and other local non-profit organizations.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

Essential aspects of the Annual Action Plan development process and implementation of project objectives involved meeting and coordinating with the CoC as well as other organizations and agencies that supply Riverside County residents including those in the City of Palm Springs. These meetings helped recognize our priority needs as well as what demands there are for various coordinated homeless and housing services. The City of Palm Springs will continue to consult with the CoC, Housing Authority, and other agencies where necessary to address the needs of the homeless populations as well as housing for persons at risk. The City of Palm Springs is not directly involved in the CoC. The City is, however, part of the SCAG Homeless committee which is part of the CoC. As part of the effort to ensure the effective and efficient provision of housing and other services to homeless individuals and families, the development of the Consolidated Plan also included active citizen participation, which is described later in the Citizen Participation section.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City of Palm Springs is not a direct recipient of ESG funds.

Item - 2D 15

Annual Action Plan
2022
6 OMB Control No:

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
Item - 2D 16

Annual Action Plan
2022
7 OMB Control No:

Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Riverside County Continuum of Care Agency/Group/Organization Type Housing
Services - Housing
Services-Victims of Domestic Violence
Services-homeless
What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied
youth
Homelessness Strategy
Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination?

2 Agency/Group/Organization Housing Authority of the County of Riverside
Agency/Group/Organization Type Housing
Services - Housing
What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied
youth
Homelessness Strategy
Market Analysis
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Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination?

3 Agency/Group/Organization The County of Riverside Department of Public Social Services (DPSS)
Agency/Group/Organization Type Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-Persons with HIV/AIDS
Services-Victims of Domestic Violence
Services-homeless
Services-Health
Services-Education
Services-Employment
What section of the Plan was addressed by Consultation? Public Housing Needs Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied
youth
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination?

4 Agency/Group/Organization FAIR HOUSING COUNCIL OF RIVERSIDE

COUNTY, INC
Agency/Group/Organization Type Services-Education
Service-Fair Housing
Mediation, Financial Training
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What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs
Market Analysis
Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination?

Identify any Agency Types not consulted and provide rationale for not consulting The City made a strong effort to consult with all agency types relevant to the development of this Consolidated Plan.

Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of
Care Riverside County
The County of Riverside is a Continuum of Care applicants and conducts homeless counts, surveys of the homeless population, and strategic planning to end homelessness.

Consistent with the goals of the CoC, the City of Palm Springs Strategic Plan will provide support to nonprofits that meet the social services needs of the residents with an emphasis on the homeless.

Housing Element City of Palm Springs
Based on the Regional Housing Needs Allocation (RHNA) set forth by the State of California, The Housing Element is the City's chief policy document for the development of affordable and market-rate housing. Consistent with this policy document, the City will maintain and enhance the quality of existing residential neighborhoods through and, promote and encourage fair housing opportunities for all economic segments of the community, regardless of age, sex, ethnic background, physical condition, or family size.

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Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? 2019 Riverside
County Point in
Time Report
The County of Riverside
Department of Public Social
Services (DPSS) with University
of California.

This report summarizes the count methodology, data visualization dashboards, and results of the sheltered and unsheltered PIT Count. The PIT Count provides a snapshot of the visible homeless and is not intended to represent a complete accounting of the homeless population.

Table 3 – Other local / regional / federal planning efforts

Narrative (optional)
The City participates in regional planning efforts in Riverside County in the implementation of the Consolidated Plan. The City also works with the State of California Department of Fair Employment and Housing to track reported fair housing data. In addition, the City works with adjacent Cities on the continuum of care and housing matters of significance to all communities Item - 2D 20

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AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting

As indicated in the Summary in E05 above the City followed its approved Citizen Participation Plan (CPP) while developing the Action Plan. For the FY 2022-2023 Annual Action Plan, the City held two virtual public hearings to gather citizen participation in the planning process and development of proposed activities of the Action Plan. Additionally, the City encourages feedback from the public to submit written responses to the City Clerk during the commenting period of the Draft Annual Action Plan.

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Citizen Participation Outreach
Sort Ord
er
Mode of Outr
each
Target of Outr
each
Summary of
response/attend
ance
Summary of
comments rece
ived
Summary of com
ments not
accepted
and reasons
URL (If applicable)
1 Public Hearing
Minorities

Non-English
Speaking -
Specify other
language:

Spanish

Persons with
disabilities

Non-
targeted/broad
community

Residents of
Public and
Assisted
Housing

Citywide
Not Applicable Not Applicable Not Applicable
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Sort Ord
er
Mode of Outr
each
Target of Outr
each
Summary of
response/attend
ance
Summary of
comments rece
ived
Summary of com
ments not
accepted
and reasons
URL (If applicable)
2 Internet
Outreach
Minorities

Non-English
Speaking -
Specify other
language:

Spanish

Persons with
disabilities

Non-
targeted/broad
community

Residents of
Public and
Assisted
Housing

Citywide
Not Applicable Not Applicable Not Applicable https://www.palmspringsca.gov/cdb gprogram
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Sort Ord
er
Mode of Outr
each
Target of Outr
each
Summary of
response/attend
ance
Summary of
comments rece
ived
Summary of com
ments not
accepted
and reasons
URL (If applicable)
3 Newspaper Ad
Minorities

Non-English
Speaking -
Specify other
language:

Spanish

Persons with
disabilities

Non-
targeted/broad
community

Residents of
Public and
Assisted
Housing

Citywide
Not Applicable Not Applicable Not Applicable Not Applicable Table 4 – Citizen Participation Outreach
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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
The City of Palm Springs anticipates receiving CDBG funds of $2,244,905 during the five years of the Consolidated Plan, and $430,000 will be received in FY 2022-2023. Table 59 illustrates the City's expected resources, while Tables 6 and 7 provide further detail as related to the City's goals associated with the CDBG funding.

Anticipated Resources
Program Source of
Funds
Uses of Funds Expected Amount Available Year 3 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services 430,000 0 430,000 0
The estimated amount of CDBG funds
over the 5-year Consolidated Plan
period is $2,900,000.

Table 5 - Expected Resources – Priority Table

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Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
The City does not receive HOME, ESG, HOPWA, Housing Choice Vouchers (formerly Section 8), Competitive McKinney-Vento Homeless Assistance Act Funds, HOME Match, or ESG Match. Therefore, there will be no leveraging for these funds. However, the City will leverage CDBG funds with City General Funds and Housing Funds to maximize resources available to provide needed service.

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If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan Not Applicable
Discussion

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Annual Goals and Objectives

AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Housing Goal 1-Palm
Springs Comm
Devpt& hm rehab
2020 2024 Affordable Housing Community-
wide
Housing CDBG:
$10,000
Rental units rehabilitated: 5
Household Housing Unit
2 Housing Goal 4 - Fair
Housing
2020 2024 Fair Housing Community-
wide
Non-housing CDBG:
$48,000
Public service activities for
Low/Moderate Income Housing
Benefit: 1000 Households
Assisted
3 Non- Housing Comm-
Devpt Goal 1-Rehab
2020 2024 Non-Housing
Community
Development
Community-
wide
Non-Housing
Community
Development
CDBG:
$286,000
Public Facility or Infrastructure
Activities other than
Low/Moderate Income Housing
Benefit: 2127 Persons Assisted
4 Administration 2020 2024 Administration Community-
wide
Housing
Homeless
Non-housing
Non-Housing
Community
Development
CDBG:
$86,000
Other: 0 Other
Table 6 – Goals Summary

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Goal Descriptions

1 Goal Name Housing Goal 1-Palm Springs Comm Devpt& hm rehab Goal
Description
For the past 34 years, the City has operated a Home Repair Program. This program assists very low-income homeowners with minor routine maintenance, emergency repairs, and accessibility modifications at nominal costs, including other related health and safety code work. First-year participants receive standard disaster preparedness items (i.e., water heater strapping). The annual $1,500 grant excludes the first-year disaster preparedness items and any Code Enforcement abatement.
2 Goal Name Housing Goal 4 - Fair Housing
Goal
Description
Under CDBG guidelines, the City is mandated to provide its residents with a fair housing program. This also targets "protected classes" which includes nondiscrimination based on actual or perceived race, religion, color, sex, age, domestic partner status, 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. The Fair Housing Council requested these funds to provide comprehensive services that affirmatively address and promote fair housing (anti-discrimination) rights and landlord/tenant services to the City of Palm Springs. 3 Goal Name Non- Housing Comm- Devpt Goal 1-Rehab
Goal
Description
The project proposes improvements for upgrading electrical, plumbing and general refurbishments of buildings. 4 Goal Name Administration
Goal
Description
To support City programs.

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Projects
AP-35 Projects – 91.220(d)
Introduction
The City used a grantee survey of qualified organizations with direct solicitation to allow the City Council to select qualified organizations projects based on need. Therefore, the City chose model 3- Grantee survey of qualified organizations with direct solicitation

Projects
# Project Name
1 Administration
2 City Dept of Public Works & Engineering Demuth and Baristo Parks Shade Structures 3 Fair Housing Council of Riverside County- Fair Housing Services 4 City of Palm Springs Community & Economic Development - Home Repair Program Table 7 - Project Information

Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
These allocations were based on the outcomes of the needs assessment in the consolidated plan as well as emerging needs within the jurisdiction.

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AP-38 Project Summary
Project Summary Information
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1 Project Name Administration
Target Area Community-wide
Goals Supported Administration
Needs Addressed Non-housing
Non-Housing Community Development
Emergency and Crisis response
Funding CDBG: $86,000
Description Funds will be used to provide CDBG Program Administration.

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed activities
All residents will benefit from the administration of the CDBG program Location Description Citywide
Planned Activities Costs include overhead, salaries, and benefits for staff engaged in program administration and management of the CDBG programs as well as Citizen Participation.
2 Project Name City Dept of Public Works & Engineering Demuth and Baristo Park Shade Structures
Target Area Community-wide
Goals Supported Non- Housing Comm- Devpt Goal 1-Rehab
Needs Addressed Non-Housing Community Development
Funding CDBG: $286,000
Description The Project seeks to improve community environment for Low/Moderate income persons in Palm Springs.

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed activities
2,127 people from Low/Moderate Income communities and 2,704 Palm Springs Residents will benefit
Location Description 3601 E. Mesquite Avenue, PS 92264
Planned Activities The project proposes to install shade structures at Demuth Park and Baristo Park
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3 Project Name Fair Housing Council of Riverside County- Fair Housing Services Target Area Community-wide
Goals Supported Housing Goal 4 - Fair Housing
Needs Addressed Housing
Funding CDBG: $48,000
Description Under CDBG guidelines, the City is mandated to provide its residents with a fair housing program. The Fair Housing Council requested these funds to provide comprehensive services that affirmatively address and promote fair housing (anti-discrimination) rights and landlord/tenant services to the City of Palm Springs. This CDBG activity is eligible to be funded under Public Services and Program Administration Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed activities
1,800 people from Low/Moderate Income communities and 2,000 Palm Springs Residents will benefit
Location Description Fair Housing Services 190 W. Amado Road PS 92262 Planned Activities Landlord/Tenant services such as education (i.e., outreach, public awareness, individualized counseling) and training / technical assistance (i.e., pro-active workshops preventing complaints and violations); and Anti-Discrimination such as enforcement (i.e., compliant intake, investigation, resolution options)
4 Project Name City of Palm Springs Community & Economic Development - Home Repair Program
Target Area Community-wide
Goals Supported Housing Goal 1-Palm Springs Comm Devpt& hm rehab Needs Addressed Housing
Funding CDBG: $10,000
Description For the past 35 years, the City has operated a Home Repair Program. This program assists very low-income homeowners with minor routine maintenance, emergency repairs and accessibility modifications at nominal costs, including other related health and safety code work. First- year participants receive standard disaster preparedness items (i.e., hot water heater strapping). The annual $1,500 grant excludes the first-year disaster preparedness items and any Code Enforcement abatement.

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Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed activities
There are 20 Low /moderate-income households that will benefit Location Description 3200 E Tahquitz Canyon Way, PS 92262 Planned Activities This program assists very-low-income homeowners with minor routine maintenance, emergency repairs, and accessibility modifications at nominal costs, including other related health and safety code work. First- year participants receive standard disaster preparedness items (i.e., natural gas shut-off valve, hot water heater strapping, smoke detectors, house numbers, and exterior light)
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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City does not direct its funding by geographic areas.

Geographic Distribution
Target Area Percentage of Funds
Community-wide 100
Table 8 - Geographic Distribution

Rationale for the priorities for allocating investments geographically Allocating investments by geographical priority is not applicable.

Discussion
Not applicable.

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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
The City experienced significant economic hardship during the 2021-2022 period, and lost its housing set aside funds as a result of the elimination of redevelopment by the State. These two factors limited the City's ability to facilitate affordable housing projects. However, the City continues to encourage the development of various housing units for extremely low to moderate-income households in a variety of ways. Activities include outreach to non-profits and for-profits housing developers as well as the County CoC/Collaborative Applicant, providing in-kind technical assistance for housing developers, financing and funding assistance, and expedited processing as appropriate. Through the efforts of these entities and the CoC, the housing needs of various segments are carefully reviewed and addressed, to the greatest extent possible. According to the Southern California Association of Governments (SCAG) delegating to the Coachella Valley Association of Governments (CVAG), the responsibility to assign specific housing needs goals; the factors rely on population and employment growth projections. The City's 2014-2021 Regional Housing Needs Allocation (RHNA) must accommodate 272 new housing units (39 annually), of which 156 units (57.3%) must be for extremely low to moderate-income households. On February 6, 2019, the City approved entering into a Disposition & Development Agreement with Community Housing Opportunity Corporation (CHOC) for a 60-unit multi-family affordable housing development.

CHOC has successfully secured tax credit funding in the amount of $ 20,000 and the project will be progressing into the design phase.

One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 0
Special-Needs 0
Total 0
Table 9 - One Year Goals for Affordable Housing by Support Requirement

One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 0
Rehab of Existing Units 0
Acquisition of Existing Units 0
Total 0
Table 10 - One Year Goals for Affordable Housing by Support Type Item - 2D 36

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Discussion
The City does not own or operate any units. For the purpose of this section, the term “affordable housing” is defined in the HOME regulations at 24 CFR 92.252 for rental housing and 24 CFR 92.254 for homeownership. Nevertheless, the City has partnered with third parties in the development of affordable units that would own and operate 1,440 to use CDBG funding for the purpose of affordable housing as defined in the HOME regulations at 24 CFR 92.252 for rental housing and 24 CFR 92.254 for homeownership. However, the City partners with the County of Riverside to offer Affordable Housing Development and Down Payment Assistance through the Permanent Local Housing Allocation (PLHA) Program. The County is the lead agency for this program and will prepare the reporting and evaluation on behalf of the City. The amount of household assisted and/or served shall be documented through coordination with the County and described in the City's CAPER.

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AP-60 Public Housing – 91.220(h)
Introduction
The City is not designated as a public housing agency. Consequently, all questions pertaining to public housing are referred to the County of Riverside Housing Authority.

Actions planned during the next year to address the needs to public housing Not applicable.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
The City will continue to follow its Citizens Participation Plan to inform and encourage resident participation and work with the Fair Housing Council of Riverside County to educate residents on various topics relative to their rights as residents and homeownership. The City will continue promoting the purchase of affordable housing units for sale throughout the City and educate anyone interested in purchasing or who desires information on how to purchase a home.

If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
Not applicable.

Discussion
The City will continue its efforts to promote affordable housing within the community and maintain existing affordable housing stock. The City will work with the Fair Housing Council of Riverside County to continue to educate both residents within the community, as well as residents of affordable housing, on topics including the resident/tenant/landlord laws, discrimination, homeownership, predatory lending practices, and other areas of need that may arise.

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AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
Homeless and homeless prevention services are identified as a high priority need in the Consolidated Plan. Riverside County, as an Urban County, annually anticipates expending approximately 25 - 50 percent of its public service cap (up to 15 percent of the CDBG annual allocation) to provide homeless and homeless prevention services. Additionally, the City CDBG Public Service (76.3%) and General funds are used to assist and provide housing opportunities for those at-risk of becoming homeless as well as supportive services for those homeless.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The County of Riverside CoC has established chronically homeless persons as the highest need priority.

The CoC implements a targeted street-to-home outreach program/campaign that covers 100% of its area and takes a housing-first approach for chronically homeless households and others with a disabling condition. The City, as well, has engaged contractual arrangements with the County's Department of Mental Health for Homeless Outreach Services through its Housing Crisis Response Team with City General Funds. The City has secured match funds from the Desert Healthcare Foundation for a Second Team and established Homeless Wrap-Around Services through Martha's Village & Kitchen (MV&K).

Non-disabled persons are housed as quickly as possible. The CoC has implemented a coordinated assessment system to ensure the right intervention through program admissions that will be marketed to community groups and outreach providers who coordinate outreach efforts with staff trained to guide households through the process regardless of age, gender, ethnicity, disability, etc. The CoC has outreach teams that cover most of County areas. However, the City of Palm Springs took the lead by engaging County Mental Health and funding a Housing Crisis Response Team which conducts daily mobile street outreach and provides client services focused on the chronically homeless populations living on streets to connect them with supportive services and achieve housing stability. The Department of Mental health has outreach peer specialists in the Desert-Mid county region. The Outreach Specialists presents each person with an initial field assessment and an in depth assessment as well as referrals to all contacts, linkage to various community organizations, assistance with entitlement questions and problems, linkage to mental health providers for assessment and services, if appropriate, and housing by partnering with community agencies. In addition, they facilitate referrals and other linkages to services.

Addressing the emergency shelter and transitional housing needs of homeless persons There are 646 emergency shelter beds and 540 transitional housing beds in the County of Riverside CoC.

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Transitional Housing (TH) is used to cover the costs of housing while providing case management and support services; providing a period of stability to enable homeless people to transition successfully to and maintain permanent housing within 24 months of program entry. To achieve its goal of ending homelessness, the CoC encourages communities to transform transitional housing programs to permanent supportive housing or rapid re-housing. The CoC is working with the County’s Economic Development Agency (EDA), which administers ESG funding, to integrate CoC and ESG funding to increase the number of families with children who are assisted through rapid re-housing. In addition, non-McKinney-Vento funding sources, such as Emergency Food and Shelter Program (EFSP), funded under FEMA will be matched as a source for rental/mortgage assistance for families that are homeless or at-risk of homelessness in the County’s strategy to meet this goal.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The CoC has taken the following steps to reduce the length of time homeless (LOTH): 1) adopted and implemented a CoC wide Housing First approach; 2) adopted and implemented a CoC wide Rapid Re- housing approach. The CoC has recently increased the number of public/private partners to help implement these approaches; 3) the CoC has begun revising intake processes to ensure homeless households are given the appropriate intervention at the time admitted to the program to help reduce their stay; 4) adjusted case management procedures to train CoC and ESG case managers to move away from a housing-ready approach to an evidence-based home-based case management approach; 5) improved data collection through HMIS by training participants to enter related data correctly and timely; and 6) generating monthly reports for outcome measurement. The CoC is in the process of adopting the HEARTH goal of no more than 30-days homeless and the high-performing communities’ goal of reducing LOTH at least 10% from preceding years. The CoC will target non-HUD funded projects to reduce their LOTH, such as those who receive EFSP, CDBG, and HOME funding. The region's 2-1-1 Community Connect phone and internet access are another essential resource for individuals and families who are at-risk of or are imminently losing their housing. By utilizing 2-1-1 Community Connect, those in need can reach specialists, trained to answer questions, listen to caller's needs, and connect callers with accurate referrals. The referral is based on a continuously updated database of hundreds of health and human services programs and non-profits city and countywide.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving Item - 2D 40

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assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

The County of Riverside CoC Discharge Policy is mandated by the State of California and followed by the CoC. The CoC established a Discharge Planning Committee, responsible for implementing policies and protocols and coordinating with various organizations to ensure that persons being discharged from a publicly funded institution or system of care are not discharged immediately into homelessness. The goals are to identify discharge housing needs inclusive of housing and supportive services and to link the individual with community resources that will include mental health services, substance abuse support, and housing. Health Care – The Hospital Association of Southern California Inland Area serves as the lead agency on the Discharge Planning Committee to facilitate communication regarding the discharge planning needs of homeless persons from acute care hospitals including Riverside County Regional Medical Center. They identify those individuals with severe mental health or substance abuse disorders, and veterans, and fully coordinate their discharge plan possible with follow-up to mental health and/or physical service providers. Mental Health - The County of Riverside Department of Mental Health (DMH) collaborates with DPSS and the CoC in the coordination and implementation of discharge planning for homeless individuals disabled by a serious mental health and/or substance abuse disorder(s). Activities within a mandated policy such as 1) nature of illness and follow-up required, 2) medications and dosage schedules, 3) referrals to mental health providers, 4) financial needs, 5) educational/vocational needs, 6) social needs, and 7) housing needs are prioritized. DMH provides placement assistance to homeless clients leaving the public and private facilities. They also collaborate with the courts and interested parties to determine how best to meet client needs in a community setting. Based on the assessment, homeless individuals are provided with housing placement in board and care, skilled nursing, and privately funded structured residential settings. Foster Care - Riverside County’s Children’s Services Division Independent Living Extended Foster Care programs help transition dependent youth who are emancipating from foster care to independent living. Services available for homeless young adults who left foster care include: re-entering extended foster care, housing referrals, SSI screening, application assistance with medical and food benefits, transportation vouchers, clothing services, and replacement of lost or stolen vital documents, such as Social Security card, birth certificate, state ID or driver’s license. Corrections - The Department of Public Social Services and the Riverside County Sheriff’s and Probation Departments support the Continuum of Care’s mission of working towards reintegrating persons leaving correctional facilities to community-based living and self -sufficiency through effective use of community services. They identify individuals leaving county correctional facilities and work with stakeholders to link these individuals to housing, mental health, substance abuse services, and community supports. Another resource is the Probation Day Reporting centers established for the Early Release (AB109) offenders and assistance for job placement, food, clothing, and counseling services upon release from county and state correctional institutions.

Discussion
Through the CoC and Collaborative Applicant, the City will continue to address homeless needs within Item - 2D 41

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the community. As such, the City will continue to allocate its Pro-Rata Share of funding to the County for distribution through the CoC. The City’s allocation has been estimated to be $70000. In addition, the City also continues to work with the Coachella Valley Association of Governments (CVAG) to address the Coachella Valley’s homelessness issue by way of providing funds for homeless prevention and rapid- rehousing in the amount of $100000, for County Mental Health Housing Crisis Housing Team in the amount of $330000, the Alan Seaman Bus Pass Program in the amount of $3000, and the MV&K's Homeless Wrap-Around Services in the amount of $146412. With these partnerships, the City and the community have been able to determine the needs required to address homelessness and direct available resources such as providing shelter, supportive services, etc. to assist homeless persons to become self-sufficient.

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AP-75 Barriers to affordable housing – 91.220(j)
Introduction:

No governmental constraints have been identified that have a significant adverse impact on housing and affordable housing development in Palm Springs. The City’s permitting process and infrastructure requirements are comparable to those of surrounding Coachella Valley cities. Although some application fees may have increased, they remain among the lowest in the region. General Plan and zoning land use designations allow for all types of development and a broad range of densities. The City’s housing policies and programs have been established and implemented, as necessary, to assure that governmental constraints are minimized. The City’s processes are not a constraint to the provision of affordable housing.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
The City's Housing Element analyzes the governmental, environmental, physical, and economic constraints associated with the development of housing. The Housing Element does not reflect conditions within Palm Springs' control that would negatively impact affordable housing opportunities or create barriers. The City will continue to use available resources to assist in increasing the availability of affordable housing through services, including fast-tracking for shorter processing time, where possible. Other services include maximizing limited resources to increase affordable housing units to lower-income households in its efforts to remove barriers to affordable housing. The City's Consolidated Plan outlines specific goals and activities that will assist in minimizing or eliminating barriers to affordable and fair housing, which the City will continue to address annually.

Discussion:

Funding the Fair Housing Council of Riverside County in FY 2022-2023 will assist the City in educating and addressing issues that may arise that create barriers to affordable housing and fair housing throughout the year, as well as educating groups/individuals of these barriers. In addition, the City updated its Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan that will also assist the City in addressing these types of issues.

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AP-85 Other Actions – 91.220(k)
Introduction:

The City will continue to address obstacles that impact its ability to provide services to those in need.

This will be accomplished through the identified resources and funded organizations.

Actions planned to address obstacles to meeting underserved needs The City will continue to work toward the reduction/elimination of obstacles to meet underserved needs through the funding of various organizations designed to provide services to those in need. The City is not equipped to provide direct services required; therefore, funding organizations that do is essential.

The City does partner with these organizations to address obstacles and address barriers that exist.

Actions planned to foster and maintain affordable housing The dissolution of California Community Redevelopment Agencies has dramatically hampered the availability of funds to foster and maintain affordable housing.

Actions planned to reduce lead-based paint hazards
The City has a low elevated amount of lead-based poisoning due to the majority of construction of owner-occupied/renter-occupied housing units that occurred after 1970, according to the County of Riverside Environmental Health Department. The City's Building and Safety Department addresses this issue on a case-by-case basis through the following steps: Step 1: As newer homes are built, stricter environmental guidelines and the sale and rental of older homes are regulated to protect potential buyers and renters. While lead-based paint hazards are still a potential problem, this has allowed for better protection to children and adults by minimizing lead-based paint hazards in new homes. Step 2:

The City will work with the County, residents, or others to address the issue of lead-based paint hazards through testing and abatement efforts on a case-by-case basis. State law, as amended under Section 302, requires housing agencies to conduct random samples of dwelling units, common areas, and exteriors to determine the presence of lead-based paint in pre-1979 family developments where children live or possibly visit. Step 3: The City will conduct outreach and education through the City’s Building and Safety Department. Outreach and education ensure that regulations related to enforcement of lead-based paint are carried out on City projects and on private projects, when possible, through remodels and rehabilitation of older units that require permits or if brought to the City’s attention. Step 4: The City will also refer calls to the County of Riverside Environmental Health Department to identify qualified firms that assist residents and businesses with lead-based paint, mold, and other hazards. Step 5: The City contracts with the Fair Housing Council of Riverside County, which distributes informational brochures and attends events to educate and increase awareness of lead- based paint hazards.

Item - 2D 44

Annual Action Plan
2022
35 OMB Control No:

Actions planned to reduce the number of poverty-level families Assisting service providers established to address specific areas of need to those facing poverty is essential in the City’s ability to focus on reducing this issue. Through the partnerships and working relationships with Providers and other Agencies implementing such programs that provide education, job training, supportive services, etc. The City will achieve some success in assisting those facing poverty to improve their situations. Some of the focus areas include: Employment and Education: Jobs, job training, technical assistance, adult literacy, and life skills. Housing: Affordable housing, home repair and rehabilitation, emergency shelters, transitional and permanent housing. Safety Net Services: Food pantries, emergency homeless shelter services, basic nutrition, counseling, and other forms of assistance, when identified. Youth: Programs and services for youth and at-risk youth.

Actions planned to develop institutional structure
The City will continue with the same process as in the past to undertake actions to develop and maintain institutional structure as follows: Work with County of Riverside, Department of Health as well as other County departments and public agencies to address homeless, food, housing, etc. issues throughout the County; Work with non-profit organizations to improve services or address other needs that are focused on addressing underserved needs within the community; Work with private businesses and other residents, where and when possible; and Continue to participate with the County Continuum of Care Board of Governance and CVAG Homeless Committee to address homeless issues and continue to build a strong collaboration to assist homeless efforts. Improving relations with these groups should improve and establish new institutional structures to gather participation, input, information, or any other form of communication or assistance that will improve the process and address unmet needs.

Actions planned to enhance coordination between public and private housing and social service agencies
The City works with various County Departments, Agencies, and Non-Profit organizations to identify and carry out goals and objectives of the CDBG Program. The City strives to create a more cooperative and collaborative working relationship. The City invites these groups to attend public hearings, community meetings, and special meetings that address specific programs and projects. The City has an approved Citizen’s Participation Plan that it follows in this regard.

Discussion:

The City seeks to build new partnerships and maintain existing relationships to address and further the needs of the homeless, those at-risk of becoming homeless, and very low to low-income individuals and families. Efforts include implementing new support programs that address needs and gaps in existing service, providing and/or maintaining housing/shelter opportunities, rapid re-housing assistance for homeless and those facing homelessness, assistance with negotiating social services available to individuals and families, and tracking activities associated with these programs. Such efforts allow Item - 2D 45

Annual Action Plan
2022
36 OMB Control No:
involved agencies and organizations to better be able to identify and address needs of this clientele.

Item - 2D 46

Annual Action Plan
2022
37 OMB Control No:

Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0

5. The amount of income from float-funded activities 0
Total Program Income: 0

Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00%

Item - 2D 47

ATTACHMENT 3
2020-2024 ConPlan Goals

HOUSING GOALS

GOAL 1: REMOVE CONSTRAINTS THAT HINDER THE PRODUCTION AND CONSERVATION

OF AFFORDABLE HOUSING UNITS AND ASSIST IN THE DEVELOPMENT OF

HOUSING OPPORTUNITIES AND ACCESSIBILITY FOR ALL ECONOMIC LEVELS IN THE CITY.

GOAL 2: PROVIDE SUPPORT SERVICES FOR THE CITY'S RESIDENTS TO ENSURE THAT

ALL HOUSING PROGRAMS ARE AVAILABLE WITHOUT DISCRIMINATION ON THE

BASIS OF ACTUAL OR PERCEIVED RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN (I.E., PLACE OF ORIGIN, IMMIGRATION STATUS, CULTURAL OR

LINGUISTIC CHARACTERISTICS, OR ETHNICITY), SEXUAL ORIENTATION,

GENDER IDENTITY, GENDER EXPRESSION, ANCESTRY, DOMESTIC PARTNER

STATUS, MARIITAL STATUS, AGE, HOUSEHOLD COMPOSITION, INCOME, SIZE,

PHYSICL OR MENTAL DISABILITY, MEDICAL CONDITION, OR ANY OTHER ARBITRARY FACTOR.

HOMELESS GOALS

GOAL 1: SUPPORT OR PROVIDE FUNDING FOR PROGRAMS THAT OFFER SERVICES

AND/OR SUPPORTIVE HOUSING TO ASSIST HOMELESS INDIVIDUALS AND/OR

FAMILIES

NON-HOUSING GOALS

GOAL 1: ESTABLISH NEW AND/OR EXPANDED COLLABORATIONS WITH LOCAL SERVICE

PROVIDERS ON PROJECTS AND PROGRAMS THAT REDUCE THE EFFECTS OF

POVERTY AND SERVES SENIORS, AT -RISK YOUTH, SEVERELY DISABLED

ADULTS, AND SPECIAL NEEDS POPULATIONS

NON-HOUSING COMMUNITY DEVELOPMENT GOALS

GOAL 1: PROVIDE PUBLIC FACILITY IMPROVEMENTS THROUGH DESIGN, ENERGY-

EFFICIENCY, REHABILITATION AND NEW CONSTRUCTION

ECONOMIC DEVELOPMENT

GOAL 1: PROMOTE, MAINTAIN AND/OR EXPAND THE CITY’S ECONOMIC BASE THROUGH

ECONOMIC AND EMPLOYMENT OPPORTUNITIES TO EXISTING LOCAL

BUSINESSES AND PROSPECTIVE BUSINESSES

Item - 2D 48

ATTACHMENT 4
Low / Moderate Income Census Block Map

Item - 2D 49
060659414003
060650446023
060659412002
060659414002
060650445221
060650447021
060659408001
060650446062
060650446021
060650446042
060650447011
060650447012
060650448041
060650448061
060659410001
060659410002
060650446052
060650445211
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
City of Palm Springs
Low and Moderate Income Areas with City Owned Overlays
Legend
Right-of-Way
City Owned Property within LMI
Low and Moderate Income Areas
Census block groups where over 51% of population is LMI.

Facility Name
A Sunrise Park/Stadium
B Skate Park
C PS Senior Affordable Apartments
D Police Station Complex
E Visitors Center
F Baristo Park
G Fire Station #4
H Waste Water Treatment Plant
I Demuth Park Community Center
A
B
C
D
E
F
G
I
H
Item - 2D 50

CITY COUNCIL STAFF REPORT
05/12/2022   2. E.

City Clerk -

SUBJECT

ADOPTION OF ORDINANCE AUTHORIZING A MILITARY EQUIPMENT USE POLICY, AS REQUIRED BY ASSEMBLY BILL 481
RECOMMENDATION:

Open the public hearing and receive public testimony.1.

Introduce by title only and waive further reading of an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING PALM SPRINGS POLICE DEPARTMENT POLICY NO. 709, IN ACCORDANCE WITH ASSEMBLY BILL 481.”

2. Attachments
Item 2E

CITY COUNCIL STAFF REPORT

DATE: May 12, 2022 PUBLIC HEARING

SUBJECT: ADOPTION OF ORDINANCE AUTHORIZING A MILITARY EQUIPMENT USE POLICY, AS REQUIRED BY ASSEMBLY BILL 481

FROM: Justin Clifton, City Manager

BY: Police Department

SUMMARY:

Assembly Bill 481 was signed into law on September 30, 2021, by Governor Gavin Newsom and became effective on January 1, 2022. AB 481 address es the funding, acquisition, and use of military equipment as that term is defined b y Government Code section 7070(c). The Palm Springs Police Department (“Department”) is recommending the City Council support and approve its current inventory of specialized equipment and adopt a military equipment use policy, by ordinance, as required by AB481.

RECOMMENDATION:

1. Open the public hearing and receive public testimony.

2. Introduce by title only and waive further reading of Ordinance No. _____, “ AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,

CALIFORNIA, ADOPTING PALM SPRINGS POLICE DEPARTMENT POLICY NO. 709, IN ACCORDANCE WITH ASSEMBLY BILL 481.”

STAFF ANALYSIS:

Under AB 481, a governing body approval must take the form of an ordi nance adopting a publicly released, written military equipment use policy which must address a number of specific topi cs, i ncluding the type, quantity, capabilities, purposes, and authorized uses of each type of m ilitary equipment, the fiscal impact of the ir acquisition and use, the legal and procedural rules that govern their use, the training required by any officer allowed to use them, the mechanisms in place to ensure policy compliance, and the procedures by whi ch t he public may register complaints. The governing body must consider a proposed military equipment use policy in open session and may only approve a military equipment use policy if it makes various specific findings regarding the necessity of the m ilitary equipment and the lack of reasonable alternatives . The policy being proposed to Council has been included as “Attachment A”.

Item - 2E 1
City Council Staff Report
May 12, 2022 -- Page 2
AB 481, Adoption of Military Equipment Policy

The Palm Springs Police Departm ent acknowledges its primary role is peacekeeping and recognizes the delicate nature of a law enforcement agency possessing mi litary equipment. Being entrusted with military -style equipment to solve complex and violent problems is a sacred responsibili ty that demands high accountability and transparency.

The Department will promulgate internal procedures to ensure that the Counci l and the public are confident in the proper use of each piece of equipment.

Law enforcement incidents can be unpredictable and highly complex. The Palm Springs Police Department is tasked with preserving public s afety, protecting the community, and a pprehending criminal offenders. The Department is committed to utilizing contemporary tools and resources to help safeguard the co mmunity and reduce the risk of escalating volatile situations that might otherwise rise to t he level of a lethal encounter. Special equipment, tools and resources may help deescalate violent and tense situations, and reduce the possibility of harm to communi ty members, individuals directly involved in the incident, and officers.

Items identified as “military equipment” includ e, but a re not limited to, unmanned aerial (drones) or ground vehicles, vehicles that provide ballistic protection, command vehicles designed to facilitate the direction of public safety units, pepper balls, less let hal 40mm projectile launchers and di versionary devices. These tools preserve human life when utilized during responses to critical incidents by reducing the likelihood of physical injury to the public and D epartment personnel and allowing an opportunity for de-escalation tactics during high- risk encounters with armed , violent suspects. In addition to enhancing citizen and officer safety, these tools can also facilitate sea rch and rescue efforts and assist in rapid responses to catastrophic events . The Depar tment has not discovered other reasonable alternatives for these tools that are able to comparably preserve, promote and enhance public safety.

The proposed ordinance, i ncluded as “ Attachment B ”, and the Department’s Military Equipment Policy provide safeguards to the public’s safety, welfare, and civil rights and ensure transparency, oversight and accountability measures are in place. AB 481 requires any law enforcement agency that receives approval for the use of military equipment to submit annual rep orts to the governing body regarding the use of t he equipment, any complaints received, any internal audits or other information about violations of the military equipment use policy, and the cost of such use. With Council approval of the proposed ordinan ce, the Palm Springs Police Department can deploy, acquire, and collaborate with allied law enforcement partners to use the most advanced technology, equipment, and resour ces available to effectively protect the community , prepare for the unexpected, and safeguard lives.

Item - 2E 2
City Council Staff Report
May 12, 2022 -- Page 3
AB 481, Adoption of Military Equipment Policy

FISCAL IMPACT:

Costs associ ated with the use, acquisition and deployment of military equipment will vary from year to year based on training, staffi ng, and required use. Acquisition of military equipment will follow all established City of Palm Springs procurement polici es and procedures.

REVIEWED BY:

Department Director: Andrew G. Mills
City Manager: Justin Clifton

ATTACHMENTS:

A.) Proposed Military Equipment Policy No. 709
B.) Ordinance

Item - 2E 3
ATTACHMENT "A"
Item - 2E 4
Policy
709
Palm Springs Police Department
Policies
Copyright Lexipol, LLC 2022/03/24, All Rights Reserved.

Published with permission by Palm Springs Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body
– The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Item - 2E 5
Palm Springs Police Department
Policies
Military Equipment
Copyright Lexipol, LLC 2022/03/24, All Rights Reserved.

Published with permission by Palm Springs Police Department ***DRAFT*** Military Equipment - 2 709.2 POLICY
It is the policy of the Palm Springs Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Palm Springs Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department: See attachment: Military Specialized Equipment Inventory
709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):

Item - 2E 6
Palm Springs Police Department
Policies
Military Equipment
Copyright Lexipol, LLC 2022/03/24, All Rights Reserved.

Published with permission by Palm Springs Police Department ***DRAFT*** Military Equipment - 3 (a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this Department or operating in conjunction in a law enforcement capacity with this Department, shall comply with their respective military equipment use policies in rendering mutual aid.

Through the Association of Riverside County Chiefs of Police (ARCCOPS) mutual aid agreement, all cities within Riverside County have agreed to accept the use of each law enforcement agencies Military Equipment policy related to any enforcement action throughout Riverside County. 709.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 709.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Item - 2E 7
Palm Springs Police Department
Policies
Military Equipment
Copyright Lexipol, LLC 2022/03/24, All Rights Reserved.

Published with permission by Palm Springs Police Department ***DRAFT*** Military Equipment - 4 709.8.1 COMPLIANCE
Department members are bound to adhere to this Policy, in addition to state and local laws and ordinances when employing the use of military equipment at any time. Violations of the law or this Policy may result in criminal or administrative investigations, or action. 709.8.2 COMPLAINT PROCESS
Members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment in this Policy by any of the following means:

1. Via email to: [email protected]

2. Via phone call to: (760) 323-8126

3. Via mail sent to: Palm Springs Police Department Attn: Military Equipment Use Coordinator
200 S. Civic Drive
Palm Springs, CA 92262
The Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner.

Item - 2E 8
Policies
Copyright Lexipol, LLC 2022/03/24, All Rights Reserved.

Published with permission by Palm Springs Police Department ***DRAFT*** Attachments - 5 Attachments
Item - 2E 9
Attachment
Policies
Copyright Lexipol, LLC 2022/03/24, All Rights Reserved.

Published with permission by Palm Springs Police Department ***DRAFT*** Military Specialized Equipment Inventory
DRAFT.pdf - 6
Military Specialized Equipment Inventory DRAFT.pdf
Military Specialized Equipment Inventory DRAFT.pdf
Item - 2E 10

1. Robot (Category 1)
a. Description, quantity, capabilities, and purchase cost:

Inventory includes (1) ICOR MK3 Caliber robot. This equipment is a battery powered, remote operated device.

I. ICOR Robot – Initial Cost: $Unknown. Primary cost handled by Cathedral City PD b. Purpose:

This equipment is for (potential) use during high-risk incidents. To be used to remotely gain visual/audio data, deliver HNT phone, open doors, disrupt packages, and clear buildings. c. Authorized Use:

Use is limited to members of the department’s Special Weapons and Tactics Unit (SWAT). Only operators who have completed the required training shall be permitted to operate the robots.

Incidents that may qualify for its use include, but are not limited to, a high- risk warrant service, barricaded subject, and hostage negotiation/rescue. Before entering a structure, particularly in a tactically compromised and dangerous situation, knowledge of a subject’s location is very important, and the robot can provide that without placing anyone at risk. Cameras can also help determine if a subject is armed and if there are other subjects inside that need assistance. The two-way speakers can be used to de-escalate and determine resistance level. d. Expected Life Span:
20 years
e. Fiscal Impact:

Annual cost: $0 - $3000

2. Armored Vehicles (Category 2 &3)
a. Description, quantity, capabilities, and purchase of current armored vehicles:

Inventory includes four (2) LENCO Ballistic Engineered Armored Response Counter -Attack Trucks (2006 BEAR-CAT and 2017 BEAR). The BEAR-CAT and BEAR, or Rescue Vehicles, are primarily used during high-risk tactical enforcement operations, officer rescues, and vehicle borne interventions. Additional deployments are used during criminal unrest and riots. Rescue vehicles provide ballistic safety during containment and apprehension of armed violent suspects. The armored vehicles also provide four-wheel drive capability to transport or evacuate victims in a flood, fire or other natural disaster scenario.

I. Bearcat – Initial Cost: $213,329.02. $155,000 of the total cost donated by private entity.

City cost $56,329.52 paid for from city budget.

II. Bear – Initial Cost: $513,600 of which $256,800 was donated by private entity.

Remaining cost of 256,800 paid for from City Motor Vehicle Replacement fund. b. Purpose:

To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. c. Authorized Use:

The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training. The driver of the vehicles shall have a valid California driver license. All other applicable PSPD policies remain in effect, to include, but not limited to, PSPD Policy 706 – Vehicle Use, PSPD Policy 409 – Special Weapons and Tactics Unit.

Expected Life Span:

I. Bearcat -15-20 years
II. Bear – 15 -20 years
d. Fiscal Impact:

Annual Cost: estimated at $1000-$2500 per vehicle
Item - 2E 11

3. Command and Control Vehicles Built or Modified to Facilitate the Operational Control and Direction of Public Safety Units (2004 Freightliner MB-55 Comms Vehicle) (Category 5) a. Description, quantity, capabilities, and purchase cost:

Command vehicles are built in various platforms to include ½ ton pickup chassis, and RV style configuration designed to provide communications intelligence, equipment transportation and crisis communication support.

I. 2004 Freightliner MB-55 RV - Initial Purchase Cost: $428,661.86 II. 2008 Ford F-250 Super-Duty Pickup – Initial Purchase Cost: $41,525.47 b. Purpose:

Vehicles are built to better assist in command and control during law enforcement operations, natural disasters, and public safety issues. Vehicles are designed with additional communication abilities, computers, white boards, lightening, generators, and mission essential supplies c. Authorized Use:

The SWAT Command Vehicles shall be used by officers trained in their deployment and in a manner consistent with Department policy and training. The driver of the vehicle shall have a valid California driver license appropriate for vehicle driven. All other applicable PSPD policies remain in effect, to include, but not limited to, PSPD Policy 706 – Vehicle Use, PSPD Policy 409 – Special Weapons and Tactics Unit.
d. Expected Life Span:

I. Freightliner - 15-20 years (Expired. Non-Operational) II. Ford F-250 – 15 years
e. Fiscal Impact:

I. Freightliner - Annual maintenance cost: $0
II. Ford F-250 – Annual maintenance cost estimated at $1500 or less

4. Vehicles with Breaching or Entry Apparatus Attachable (Category 2&3) a. Description, quantity, capabilities, and purchase cost:

LENCO Bear Ballistic Armored vehicle has an attachable metal boom that can be used for breaching structures, fences, or ramming objects.

I. LENCO BEAR – Initial purchase covered in item 2 “Armored Vehicles.” b. Purpose:

The equipment is to be used during high-risk incidents, to include active shooter incidents on school ground or buildings to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. c. Authorized Use:

The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training. The driver of the vehicle shall have a valid California driver license. All other applicable PSPD policies remain in effect, to include, but not limited to PSPD Policy 706 – Vehicle Use, PSPD Policy 409 – Special Weapons and Tactics Unit.

Expected Life Span:
15-20 years
d. Fiscal Impact:

Annual maintenance cost referenced in item 2(d) above.

Item - 2E 12

5. Assault Weapons Defined Under PC 30510 & PC 30515 (Category 10) a. Description, quantity, capabilities, and purchase cost:

Inventory includes AR style rifles that function at full and semi-automatic capability (fully automatic rifles are only assigned to SWAT personnel, training division or stored within the station for station protection in the event of an active shooter).

I. Colt AR 15/M4 Rifle, cost approximately: $20,000, quantity: 15 II. AI Bolt Action .308 caliber Rifle, cost approximately: $12,000, quantity: 3 III. POF .308 caliber Rifle, cost: unknown, quantity: 2. No longer in use.

IV. Colt AR 15/M16 Full Auto, cost $0, quantity 1, acquired through 1033 program V. Colt AR 15/M16 Semi Auto, cost $0, quantity 15, acquired through 1033 program b. Purpose:

The weapons are to be used in situations that require increased accuracy and precision at long range distances. Currently used by most law enforcement agencies across the nation . c. Authorized Use:

Only members that are POST certified are authorized to use a rifle. All other applicable PS PD policies remain in effect, to include, but not limited to, PSPD Policy 300 – Use of Force, PSPD Policy 312 – Firearms Training and Qualifications, PSPD Policy 409 – Special Weapons and Tactics Unit.
d. Expected Life Span:

I. Colt AR 15/M4 Rifle – No expiration
II. AI Bolt Action .308 caliber Rifle – No expiration
III. POF .308 caliber Rifle – No longer in use
IV. Colt AR 15/M16 Full Auto – No expiration
V. Colt AR 15/M16 Semi Auto – No expiration
e. Fiscal Impact:

I. Colt AR 15/M4 Rifle – Annual cost between $0 - $20,000 II. AI Bolt Action .308 caliber Rifle – Annual cost between $0 - $12,000 III. POF .308 caliber Rifle – No longer in use – Annual cost: $0 IV. Colt AR 15/M16 Full Auto – Annual Cost - $0
V. Colt AR 15/M16 Semi Auto – Annual Cost - $0

6. Breaching Apparatus: Slugs, etc. (Category 7)
a. Description, quantity, capabilities, and purchase cost Royal Arms Tesar-2 – 12-gauge slugs, cost: Approx. $560, quantity: 120. Shotgun breaching rounds are specialty shotgun shells utilized for door breaching. The Royal Arms Tesar -2 rounds contain compressed copper powder and are fired through a specialized breaching shotgun barrel.

The copper powder is designed to strike and destroy the lock throw inside of the door, allowing entry into the room or structure. The powder is designed to dissipate after strik ing the lock throw in order to minimize entry into the target space for the safety of occupants and operators.

Designed to breach heavy locks, dead-bolts, and hinges mounted inside of solid oak or steel doors. Royal Arms Tesar-2 rounds are good until expended if stored properly. Shotgun breaching rounds are used to gain rapid access to a room or structure when an emergent law enforcement need exists.
b. Purpose:

The rounds are used to impact door hinges, doorknobs, and locks and to safely gain entry into a structure.
c. Authorized Use:

Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. All other applicable PS PD policies remain Item - 2E 13
in effect, to include, but not limited to, PSPD Policy 322 – Search and Seizure, PSPD Policy 409 Special Weapons and Tactics Unit.
d. Expected Life Span:

Until expended
e. Fiscal Impact:

Individual unit price of approximately $4 each. Estimated between $0 and $ 500 annually

7. Breaching Apparatus: Explosive Breaching Tools (Category 7) a. Description, quantity, capabilities, and purchase cost:

Explosive breaching tools are used to breach fortified structures to establish a point of entry.

Explosive charges are fashioned to produce little to no fragmentation at the time of detonation.

Explosive breaching effectively reduces the time spent overcoming a fortified door or structure.

The reduction in time mitigating a hardened structure increasing officer safety and the element of surprise. Blast injuries are reduced by using low yield explosives that mechanically overcome door frames and locking mechanisms.

I. 25 grain detonation cord, cost: $375, quantity 1000 ft.

II. 50 grain detonation cord, cost: $380, quantity 1000 ft.

III. Nonel Shock tube blasting caps: cost: total $1185, quantity 150. b. Purpose:

To safely gain entry into a structure.

Authorized Use:

Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. All Breachers will attend an approved "Tactical Energetic Breaching" course. Attend an accredited “advanced” Energetic Breaching course or equivalent. All other applicable PSPD policies remain in effect, to include, but not limited to, PSPD Policy 322 – Search and Seizure, PSPD Policy 409 Special Weapons and Tactics Unit.

Expected Life Span:

I. 25 grain detonation cord – 5 years
II. 50 grain detonation cord – 5 years
III. Nonel Starters – until expended
c. Fiscal Impact:

I. 25 grain detonation cord – estimated between $0 and $349 annually.

II. 50 grain detonation cord – estimated between $0 and $1,915.49 annually III. Nonel Starters – $0

8. Flashbangs (Category 12)
a. Description, quantity, capabilities, and purchase cost:

Light Sound Diversionary Device (LSDD-“Flashbangs”) are diversionary devices used to minimize risk to all parties through the temporary distraction or disorientation of armed and violent suspects that pose significant danger to the officers and community. The effects of the LSDD reduce a suspect’s reactionary capabilities and allow for momentary disorientation which creates a tactical advantage. LSDD is a hand delivered device and generally deployed on the exterior of a structure.

VI. NFDD CTS Model 7290M – Mini bang, cost: $1901.34, quantity: 42 VII. NFDD CTS Model 7290-9 – 9 Bang, cost: $642.06, quantity 6 b. Purpose:

Item - 2E 14
To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short - term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage
c. Authorized Use:

Diversionary Devices shall only be used:
i. By SWAT officers who have been trained in their proper use. ii. In hostage and barricaded subject situations.
iii. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.
iv. iv. During other high-risk situations where their use would enhance officer safety. v. During training exercises.

All other applicable PSPD policies remain in effect, to include, but not limited to, PSPD Policy 300 – Use of Force, PSPD Policy 409 – Special Weapons and Tactics Unit. d. Expected Life Span:
5 years
e. Fiscal Impact:

I. NFDD CTS Model 7290M – Annual cost between $0 - $4300 II. NFDD CTS Model 7290-9 – Annual cost between $0 - $2000

9. Tear Gas (Category 12)
a. Description, quantity, capabilities, and purchase cost:

Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Palm Springs Police Department as a non-lethal tool to disperse rioting suspects and on barricaded suspects.

The Palm Springs Police Department uses chemical agents which are used by law enforcement across the United States: CS (2-Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum) CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5oz or less). OC is an inflammatory agent which causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).

I. CS 1082 - The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister.

This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent. Cost: $ 50, quantity: 2 II. CS F620 - The Ferret 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle.

In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. Cost: $ 445, quantity: 16 III. OC 1070 - The Spede-Heat OC Grenade is a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas Item - 2E 15
ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 1.09 oz. of active agent. Cost:
$30, quantity: 1
IV. OC 6340 Aerosol - This unique grenade delivers an invisible OC vapor and renders an intense respiratory effect to a non-compliant subject. Cost: $70, quantity: 2 V. CS 6330 Aerosol - A unique grenade delivering an invisible vapor and rendering an intense respiratory effect. Cost: $ 70, quantity: 2
b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Situations for use of the less lethal weapon systems may include, but are not limited to:

I. Self-destructive, dangerous and/or combative individuals.

II. Riot/crowd control and civil unrest incidents.

III. Circumstances where a tactical advantage can be obtained.

IV. Potentially vicious animals.

V. Training exercises or approved demonstrations.
c. Authorized Use:

Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents. All other applicable PSPD policies remain in e ffect, to include, but not limited to, PSPD Policy 300 – Use of Force, PSPD Policy 409 – Special Weapons and Tactics Unit. d. Expected Life Span:
5 years for each category
e. Fiscal Impact:

I. 1082 – estimated between $0 and $2500 annually
II. F620 – estimated between $0 and 500 annually
III. 1070 – estimated between $0 and 500 annually
IV. 6340 – estimated between $0 and $380 annually
V. 6330 – estimated between $0 and 360 annually

10. 40mm Projectile Launchers (Category 14)
a. Description, quantity, capabilities, and purchase cost:

Less lethal 40mm launchers and rubber projectile munitions- Munitions are configured for high and low energy impact. Munitions have the additional benefit as a barrier round for breaking vehicle and residential glass so that chemical munitions can be deplo yed. The sponge munition is used as a Less-Lethal weapon designed to de-escalate a potentially violent encounter.

I. DEFTEC 40mm launcher, cost per device: $1500, quantity: 58 b. Purpose:

To limit the escalation of conflict where employment of lethal force is pr ohibited or undesirable. 40mm less lethal has been effective in disarming violent suspects, armed suspects, and subjects who are suicidal with minimal injury and risk to the person, law enforcement or the public . c. Authorized Use:

Situations for use of the less lethal weapon systems may include, but are not limited to:

I. Self-destructive, dangerous and/or combative individuals.

II. Riot/crowd control and civil unrest incidents.

III. Circumstances where a tactical advantage can be obtained.

IV. Potentially vicious animals.

V. Training exercises or approved demonstrations.

All other applicable PSPD policies remain in effect, to include, but not limited to, PSPD Policy 300 – Use of Force.
d. Expected Life Span:

Item - 2E 16
I. 40mm Launcher: No expiration
II. 40 mm Sponge Round: 5 years
e. Fiscal Impact:

I. 40mm Launcher: estimated between $0 and $1500 per device II. 40 mm Sponge Round: estimated between $0 and $3000 annually

11. Maintenance of Military Use Supply Levels
When military equipment has reached significantly low levels or have been exhausted, or the department requires acquisition of any of the items noted in Category 1-15 under Military equipment categories of this policy, the Department may order equipment as needed in each calendar year by adhering to City of Palm Springs procurement rules, regulations, and city approval processes.

Item - 2E 17
ATTACHMENT "B"
Item - 2E 18
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFO RNIA, ADOPTING PALM
SPRINGS POLICE DEPARTME NT POLICY NO. 709, IN
ACCORDANCE WITH ASSEMBLY BILL 481
WHEREAS, on September 30, 2021, Governor Newsom signed into law Assembly Bill (“AB”) 481 to address the funding, acquisition, and use of military equipment, as that term is defined by Government Code section 7070(c); and

WHEREAS, AB 481 requires adoption of a military use equipment policy (“Policy”) by the City Council before the Palm Springs Police Department (“Department”) may take action to request military equipment; seek funds (s uch as grants or in-kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with ot her law enforcement agencies to deploy or use military equipment in the agency’s territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481’s scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute; and

WHEREAS, to continue to use military equipment acquired prior to January 1, 2022, the law enforcement agency must commence the process of adopting the Policy no later than May 1, 2022; and

WHEREAS, proceedings for commencement of the process of adopting the Policy began prior to May 1, 2022; and

WHEREAS, in accordance with AB 481, the proposed Policy was made available on the website on the Department website at least thirty (30) days prior to the public hearing by the City Council to adopt the Policy; and

WHEREAS, once adopted, the Policy will be made publicly available on the Department website for as long as the covered military equipment is available for use; and

WHEREAS, in accordance with AB 481, the Policy is on the agenda as an open session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act; and

WHEREAS, this Ordinance shall be reviewed by the City Council at least annually and based on an annual military equipment report t hat will be submitted to the City Council pursuant to AB 481, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued approval.

Item - 2E 19
Ordinance No. _____

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. RECITALS
The City Council finds that all recitals, facts, findings, and conclusions set forth above are true and correct and hereby incorporated by reference.

SECTION 2. FINDINGS
Pursuant to Government Code section 7071(d)(1), as may be amended or renumbered from time to time , the City Council hereby make s the following findings in support of its adoption of the Policy:

A. The military equipment identified in the Policy is necessary because there is no reasonable alternat ive that can achieve the same objective of officer and civilian safety.

B. The proposed Policy will safeguard t he public’s welfare, safety, civil rights, and civil liberties.

C. If the Department purchases m ilitary equipment pursuant to the Policy, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

D. Prior military equipment use co mplied with the military equipment use policy that was in effect at the time, or if prior uses di d not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

SECTION 3. ADOPTION OF MILITARY EQUIPMENT POLICY
The City Council hereby adopts Policy No. 709, Military Equipment Policy, along with any related Attachments, which are all attached hereto as Attachment “A”.

SECTION 4. CEQA.

The City Council finds that this Ordinance 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 t he CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 5. EFFECTIVE DATE.

This ordinance shall be effective thirty (30) days from and after its final passage.

Item - 2E 20
Ordinance No. _____

SECTION 6. SEVERABILITY.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdicti on, then such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Palm Springs hereby declare they would have adopted this or dinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions. sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 7. PUBLICATION.

The City Clerk is authorized and directed to cause this ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933 (c).

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 12TH DAY OF MAY, 2022.

LISA MIDDLETON
MAYOR

ATTEST:

MONIQUE M. LOMELI, CMC

INTERIM CITY CLERK

Item - 2E 21
Ordinance No. _____

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, MONIQUE M. LOMELI, Interim City Cle rk 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 meeti ng 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 ______________, _________.

MONIQUE M. LOMELI, CMC

INTERIM CITY CLERK

Item - 2E 22

CITY COUNCIL STAFF REPORT
05/12/2022   2. F.

City Clerk -

SUBJECT

ADOPTION OF A RESOLUTION MODIFYING CERTAIN USER FEES, DEVELOPER

FEES, AND CHARGES BY IMPLEMENTING A CONSUMER PRICE INDEX

INCREASE AND ADOPTING THE COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2022-2023
RECOMMENDATION:

Open the public hearing and receive public testimony.1.

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING CERTAIN USER FEES, DEVELOPER FEES, AND CHARGES BY IMPLEMENTING A CONSUMER
PRICE INDEX INCREASE AND ADOPTING THE COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2022-2023.”

2. Attachments
Item 2F
55575.18100\40052661.2

CITY COUNCIL STAFF REPORT
DATE:

May 12, 2022 PUBLIC HEARING
SUBJECT: ADOPTION OF A RESOLUTION MODIFYING CERTAIN USER FEES,

DEVELOPER FEES, AND CHARGES BY IMPLEMENTING A

CONSUMER PRICE INDEX INCREASE AND ADOPTING THE
COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2022-2023
FROM: Justin Clifton, City Manager
BY: Nancy Pauley, Director of Finance and Treasurer
SUMMARY:

The Ci
ty Council will conduct a public hearing and take public testimony with respect to amending certain user fees for City Departments, implementing a Consumer Price Index Adjustment, and modifying the Comprehensive Fee Schedule for Fiscal Year 2022-23.

RECOMMENDATION:

1. Open t
he public hearing and receive public testimony.

2. Adopt Resolution No. _____, “ A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING CERTAIN USER FEES,

DEVELOPER FEES, AND CHARGES BY IMPLEMENTING A CONSUMER PRICE

INDEX INCREASE AND ADOPTING THE COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2022-2023.”
BACKGROUND:

Local g
overnments are funded from a variety of sources, with the primary sources being taxes, subventions, fees, special charges, fines, and grants. As the traditional provider of basic services, cities are relying more and more heavily on user fees that are charged for various public services.

State law requires that fees charged by local agencies be reasonably related to the actual cost of providing the service. User fee services are those services performed by a governmental agency on behalf of a private citizen or group. The assumption underlying most fee recommendations is that the cost of services benefitting individuals, and not society as a whole, should be borne by the individual receiving the benefit(s).

Item - 2F 1
55575.18100\40052661.2
City Council Staff Report
May 12, 2022 – Page 2
Adopting Comprehensive Fee Schedule for FY 2022-23

Pursuant to the Fee Mitigation Act codified at 66000 et seq. of the California Government Code, the City Council must make two factual findings in approving the proposed Resolution:
1) T he Ci
ty Council must find that City revenues during the current 2021-2022 fiscal year from fees for services sub ject to the Mitigation Fee Act, and reflected in the Comprehensive Fee Schedule to be adopted, do not exceed the estimated amount of funds required to provide the services for which they will be charged; and, 2) T he Ci
ty Council must find that City revenues estimated in the 20 22-2023 fiscal year from fees for services subject to the Mitigation Fee Act and reflected in the Comprehensive Fee Schedule to be adopted, do not exceed the estimated amount of funds required to provide the services for which they will be charged.

In order to comply with the Fee Mitigation Act, a Comprehensive User Fee Study must be prepared to identify revenues received from services and actual costs required to provide those services.

In 2018, the City retained a consulting firm to prepare a User Fee Study and Cost Allocation Plan for FY 2019- 20 (per Resolution No. 24622). The study was prepared to ensure that the City was recovering the full cost of providing various public services and that fees were based upon the reasonable cost of providing the type of service for which the fee is charged.

It is the City’s intent to retain a consulting firm approximately every five- years to prepare an updated comprehensive User Fee Study and thoroughly review all fees. These time/material studies and overhead calculations and allocations are expensive and very time-consuming for staff. During the interim, each year all fees are to be increased (or decreased) by the applicable Consumer Price Index. This ensures fees remain reasonably related to costs and keep pace with increased costs without having to prepare a comprehensive study each year.

Resolution No. 24622 established a policy for annual CPI adjustments commencing in FY 2020-21. It noted in its Section 2(F)(1) that “unless amended,” annual CPI adjustments “shall be in conformance with the percent change for February of the current year to February of the prior year, derived from the . . . Consumer Price Index for All Urban Consumers (CPI-U) for the ‘West Region,’ under the classification ‘Region Listing of West Region – Size Class B/C – (2.5 Million or less),’ (the ‘Index’).” Due to the Coronavirus pandemic (COVID -19), CPI adjustments were not implemented during FY 2020- 21 through FY 2021-22.

Accordingly, the City has employed the “All Items” rate (which represents the total year- to-year change for a given month in the CPI -U) from the Los Angeles -Long Beach- Anaheim region each year in calculating the CPI adjustment. This year, that rate is 7.5%.

Item - 2F 2
55575.18100\40052661.2
City Council Staff Report
May 12, 2022 – Page 3
Adopting Comprehensive Fee Schedule for FY 2022-23

This is significantly lower than the “All Items” rate from Riverside-San Bernardino-Ontario, which was 10% for March 2022.

Additionally, each year the Departments review the current fee schedule and may recommend minor modifications to the wording and description of certain fees and charges.

STAFF ANALYSIS:

Generally, State Law requires that fees charged by local agencies not exceed the reasonable estimated cost of providing the service. User fee services are those services performed by a governmental agency on behalf of a private citizen or group. The assumption underlying most fee recommendations is that the cost of services benefiting individuals, and not society as a whole, should be borne by the individual(s) receiving the benefit(s). In effect, the City must find that it is not making a “profit” from providing these services.

AMENDMENTS TO THE FEE SCHEDULE:

The fol
lowing data reflects significant changes to the fee schedule, such as new fees and changes that require further explanation:

BUILDING
Planni
ng proposed adding the following Construction Waste Diversion fees:
1) P roj
ects under 2,000 SF = $2,000.00
2) Projects greater than 2,000 SF - each SF = $1.00 (per SF) The “ Street Number Change” fee title was revised to include address change, the fee was renamed as “Street Number Change / Address Change”; the fee was also revised to match the “Counter Service Fee” of $185.51.

The “Technology Surcharge” and the “Technology Enhancement” fees have been reduced to match Engineering’s “Technology Surcharge” fee, (reduced to $1.03).

FIRE DEPARTMENT
Fire
proposed amending the “High Fire Area Weed Abatement” fee title to “Vegetation Management In The Very High Fire Hazard Severity Zones ”, as this fee is listed as such on Appendix S and referenced in the Fire Code.
a. The following inspection fees were added under “ Vegetation Management In The Very High Fire Hazard Severity Zones”:
1) " Vacant Lot" - $50
2) "Single-Family Residence" - $100
Item - 2F 3
55575.18100\40052661.2
City Council Staff Report
May 12, 2022 – Page 4
Adopting Comprehensive Fee Schedule for FY 2022-23

LIBRARY
The Libr
ary proposed the following amendments:
a. Welwood – Cornelia White Community Room Rental Rates:
i. The “Room Rental” rate for a full day was revised due to the modification in the library’s hours of operation – the library was previously open for twelve (12) hours, and it is currently open for eight (8) hours. The fee was previously calculated for a full day at 12 hours and was formerly calculated as three times the base rate (which accounted for 4 hours).
ii. The FY 22/23 “Room Rental” rate for a half day at four (4) hours is $237; and, iii. The “Room Rental” rate for a full day has been revised to $47 4 (which is double the half day rate, for a total of 8 hours).
b. “Library – Atrium”:
i. The “Attendant” fees have been included in the calculation of the room rental rates. The attendant fees were originally $73 per hour.. ii. The “Room Rental” rate for a half day was revised to include the attendant fee – the base rate is $237 plus the attendant fee of $292 ($73 x 4 hours), for a total of $529.
iii. The “Room Rental” rate for a full day was revised due to the modification in the library’s hours of operation – the library w as previously open for twelve (12) hours, and it is currently open for eight (8) hours. The fee was previously calculated for a full day at 12 hours and was formerly calculated as three times the base rate (which accounted for 4 hours).
iv. The FY 22/23 “Room Rental” rate for a full day has been revised to $1,058 (which is double the half day rate, for a total of 8 hours). c. The “ Municipal Alcohol Beverage” fee was revised to “Municipal Alcoholic Beverage”.

PLANNING
Planni
ng proposed the following amendments and additions to the schedule:
a. Add a new fee titled “Accessory Dwelling Unit (Type 2) - $717 b. Add two (2) new fees to the ‘Appeals’ section:
1) "Historic Site Preservation Board Decision to City Council" - $1,662 2) “Architectural Review Committee Decision to Planning Commission or City Council"- $1,662
Item - 2F 4
55575.18100\40052661.2
City Council Staff Report
May 12, 2022 – Page 5
Adopting Comprehensive Fee Schedule for FY 2022-23

c. Add a new section, titled "SB9 Applications", and add the following two (2) fees:
1) Urban Lot Split - $1,651
2) SB9 Two Unit Project - $1,651
ENVIRONMENTAL IMPACT:

The re
quested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

This
item supports City Council priority 4 – Good Governance.

FISCAL IMPACT:

The pro
posed 2022-23 Fiscal Year B udget includes a revenue projection of $431,000 based on increased fees. In the event the proposed user fee increase is adopted, the 2022-23 Fiscal Year Budget will require adjustment to increase the General Fund revenue accordingly.

REVIEWED BY:

Finance Director: Nancy Pauley
City Attorney: Carl Jones (on behalf of Best Best & Krieger) Assistant City Manager: Teresa Gallavan
City Manager: Justin Clifton
ATTACHMENTS:

A. FY 22/
23 Comprehensive Fee Schedule
B. Draft Resolution
C. Public Hearing Notice
D. Correspondence from DVBA
Item - 2F 5
55575.18100\40052661.2
ATTAC

HMENT A
FY 22/
23 Comprehensive Fee Schedule
(Cl
ick above to access the CFS)

Item - 2F 6
55575.18100\40052661.2
ATTAC

HMENT B
Item - 2F 7
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNI A, MODIFYING CERTAIN

USER FEES, DEVELOPER FEES, AND CHARGES BY

IMPLEMENTING A CONSUMER PRICE INDEX INCREASE

AND ADOPTING THE COMPREHENSIVE FEE SCHEDULE
FOR FISCAL YEAR 2022-2023.

WHEREAS, the City, under various stat utory provisions under California Government Code, may set and collect fees fo r the costs of providing various public services to the community; and
WHEREAS, the City Council, approved by Resolution No. 24622 on June 5, 2019, established a policy for annual adjustments to service fees and charges, approving adjustments to certain User Fees, includi ng Developer Fees, based on the amount of change in the Department of Labor’s Consumer Price Index; and WHEREAS, the City will utilize the Department of Labor’s Consumer Price Index for January 2022 versus January 2021, CPI-U West – B/C, to calculate the amount of change for certain fees not subject to the Mitigation Fee Act, and that change is an increase of 7.5%; and
WHEREAS, this adjustment to the Comprehensive Fee Schedule modifies certain development fees, permit fees, and/ or regulato ry fees that are subject to the Mitigation Fee Act, codified at California Government Code (CGC) § 66000 et seq., and more specifically in accordanc e with CGC § 66016, § 66013, or § 66014, and the City, in considering this modification, is adhering to the procedures of CGC § 66016(a); and WHEREAS, notice of the May 12, 2022 public hearing was published, posted and distributed on April 29, 2022, in accordance with the provisions of the California Government Code; and
WHEREAS, at least 10 days prior to t he May 12, 2022 meeting, the City made available to the public data i ndicating the amount of cost, or estimated cost, required to provide the services for which the fees or service charges are levied and the revenue sources anticipated to provide the service, including General Fund revenues; and, WHEREAS, on May 12, 2022, the City Coun cil conducted a public hearing, at which oral and written presentations could be made, as part of the City Council' s regularly scheduled meeting; and
WHEREAS, the City Council has considered any verbal and/ or written testimony and has reviewed and considered the inform ation and supporting data, and information provided at the public hearing by staff and the public.

Item - 2F 8
Resolution No. ______