Agenda packet — Palm Springs City Council, October 17, 2022 (part 2 of 4)

Item 1E - Page 148

Cost Proposal Clarifications
Pre-Construction Fee: Per the RFP, the Preconstruction Fee includes insurance premiums. We are unable to provide an accurate quote for builder's risk insurance until more information can be provided regarding the design of the project. However, we have included an a I Iowa nee of $75,940 (0.75%) to cover the cost of builder's (1sk insurance (does not include ea rthq ua ke or flood per the RFP).

General Conditions: We could not fully estimate the cost of general conditions based solely on the information provided in the RFP.

Further, there are costs r1sted in the RFP on page 17 of 45 that are typ·1cally ·included ·1n the cost of the work, and not general condif1ons such as "cost of materials, supp1·1es, and eq uipment incorporated ·1n to the project. .. " We will work closelyw·1th the City to prov·1de a general conditions budget th at meets the City's expectations during the preconstructio n phase of the project. Cu rrently, our genera I conditions budget includes the items identified below Items that may be required, but not listed below will be added at a later date or included in a bid package for competiflve procurement.
9 months of construction
Ful I-ti me project su peri ntende nt and project engineer and pa rt-time project man a gem en ta nd administrative support Safety measures and safety equ·1pment
Tern po rary fencing and gates (does not include security guard or service) Construction field office provided by City (Building C), we have assumed this includes power since the building 1s existing Pho nes/ inte met
Construcf1on office expenses including office supplies, p(1nting, copier, cell phones, computers/software, postage/sh·1pping expense Temporary toilets and hand wash staf1ons
Management and supervision fuel
Construction s1gnage
General:

Services such as Building lnformaf1on Modeling, laser scanning, underground utility ·investigation (GPR) and others have been highlighted 1n our proposal to show our capabilities, however were not requested 1n the RFP and have not been included.

We have assumed the Architect's civil engineer will be preparing the SWPPP. If the City would like Tilden-Coil to provide the SWPPP then we will receive proposals from multiple engineers and include the cost in future cont ract a mend ment.

Item 1E - Page 149
EXHIBIT “D”

BOND FORMS

Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Palm Springs (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) an agreement for ______________________________ (hereinafter referred to as the “Project”).

NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), the sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one- year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in the Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Project, unless otherwise provided for in the Contract Documents, the guarantee obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect City from loss or damage resulting from or caused by defective materials or faulty workmanship the above obligation in penal sum thereof shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligations of Surety hereunder shall continue so long as any obligation of Contractor remains.

Nothing herein shall limit City ’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonabl e attorney’s fees, incurred by City in enforcing such obligation.

Whenever Contractor shall be, and is declared by City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at City ’s option:

Item 1E - Page 150
• Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
• Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by City under the Contract and any modification thereto, less any amount previously paid by City to the Contractor and any other set offs pursuant to the Contract Documents. • Permit City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by City under the Contract and any modification thereto, less any amount previously paid by City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if City, when declaring the Contractor in default, notifies Surety of City ’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension o f time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract. including but not limited to the provisions of Sections 2819 and 2845 of the California Civil Code.
[Remainder of Page Left Intentionally Blank.]
Item 1E - Page 151
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
_________________________________________

CONTRACTOR/PRINCIPAL
_________________________________________
Name
By_______________________________________
SURETY:

By: ______________________________________
Attorney-In-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THE FOLLOWING INFORMATION IS MANDATORY
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California)
Item 1E - Page 152

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 ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capac ity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY 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 of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

END OF PERFORMANCE BOND
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Item 1E - Page 153
Payment Bond (Labor and Materials).

KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Palm Springs (hereinafter referred to as “City ”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, Principal is required to furnish a bond in connection with the contract described above; providing that if Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the Item 1E - Page 154
claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim.

IN WITNESS WHEREOF, two (2) identical counterpar ts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the _____ day of ______________________ 20______ the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. (Corporate Seal of Principal,
if corporation) Principal (Property Name of Contractor) By
(Signature of Contractor)
(Seal of Surety)
Surety
By
Attorney in Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power -of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

Item 1E - Page 155

Notary Acknowledgment
A notary public or o ther 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 ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY 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 of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

END OF PAYMENT (LABOR AND MATERIALS) BOND

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Item 1E - Page 156
EXHIBIT “E”

FEDERAL FUNDING REQUIREMENTS

(1) REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON -FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
a. Appendix II to Part 200 (A) - Remedies: The Parties shall comply with the administrative, contractual, or legal remedies in the Contract Documents for when the CMAR violates or breaches the Agreement terms and shall comply with the applicable sanctions and penalties as appropriate in the Contract Documents.
b. Appendix II to Part 200 (B) - Termination for Cause/Convenience. The parties shall comply with the termination for cause provision and the termination for convenience provision in the Contract Documents.
c. Appendix II to Part 200 (C) – Equal Employment Opportunity: CMAR agrees as follows during the performance of the Agreement:
i. CMAR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CMAR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CMAR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. CMAR will, in all solic itations or advertisements for employees placed by or on behalf of the CMAR , state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii. CMAR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CMAR 's legal duty to furnish information.
iv. CMAR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the CMAR 's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. CMAR will comply wit h all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

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vi. CMAR will furnish all i nformation and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vii. In the event of the CMAR's noncompliance with the nondiscrimination clauses of Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the CMAR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii. CMAR will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CMAR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event the CMAR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the CMAR may request the United States to enter into such litigation to protect the interests of the United States.

The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement.

The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the CMAR and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order.

In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

Item 1E - Page 158
d. Appendix II to Part 200 (D) – Davis-Bacon Act: The Davis-Bacon Act is not applicable to projects funded solely by the SLFRF.
e. Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
i. Overtime R equirements. No contractor or subcontractor contracting for any part of the Agreement work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is empl oyed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one- half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. ii. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (i) of this Section the CMAR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (i) of this Section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (i) of this Section.
iii. Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CMAR or subcontractor under any such contract or any other Federal contract with t he CMAR, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the CMAR, such sums as may be determined to be necessary to satisfy any liabilities of CMAR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (ii) of this section.
iv. Subcontracts. CMAR or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (iv) of this Section and also a clause requi ring the subcontractors to include these clauses in any lower tier subcontracts. The CMAR shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (i) through (iv) of this Section.
f. Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: This provision is not applicable to the Agreement.. g. Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If CMAR shall comply with the following:
i. Pursuant to the Clean Air Act, (1) CMAR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) CMAR agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) CMAR agrees to include these requirements in each subcontract exceeding $150,000. ii. Pursuant to the Federal Water Pollution Control Act, (1) CMAR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Item 1E - Page 159
Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) CMAR agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) CMAR agrees to include these requirements in each subcontract exceeding $150,000.
h. Appendix II to Part 200 (H) – Debarment and Suspension:
i. This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such CMAR is required to verify that none of the CMAR’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). ii. CMAR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
iii. This certification is a material representation of fact relied upon by City. If it is later determined that CMAR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. CMAR agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C throughout the Agreement . The CMAR further agrees to include a provision requiring such compliance in its subcontracts. v. CMAR warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. CMAR also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. CMAR further agrees to notify the City in writing immediately if CMAR or its subcontractors are not in compliance during the term of this Agreement.
i. Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act:
i. Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.
j. Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
i. CMAR shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring Item 1E - Page 160
solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement.
ii. In the performance of this Agreement, the CMAR shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. iii. Information about this requirement, along with the list of EPA -designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. iv. CMAR also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”
k. Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
i. CMAR shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. A s described in Public Law 115– 232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

1. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporat ion, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

2. Telecommunications or video surveillance services provided by such entities or using such equipment.

3. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
ii. See Public Law 115-232, section 889 for additional information. l. Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
i. CMAR shall, to t he greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts.
ii. For purposes of this section:

Item 1E - Page 161

1. “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

2. ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including opti cal fiber; and lumber.
(2) CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) a. CMAR shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.
b. Affirmative steps shall include:
i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and v. Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. c. CMAR shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.
(3) COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS STATE

AND LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS a. Maintenance of and Access to Records. CMAR shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of ARPA, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. CMAR agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the CMAR which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by CMAR for a period of five (5) years after completion of the Project.
b. Compliance with Federal Regulations. CMAR agrees to comply with the requirements of section 603 of ARPA, regulations adopted by Treasury pursuant to section 603(f) of ARPA, and guidance issued by Treasury regarding the foregoing. CMAR also agrees to comply with all other Item 1E - Page 162
applicable federal statutes, regulations, and executive orders, including, without li mitation, the following:
i. Universal Identifier and System for Award Management (SAM), 2 C.F .R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
ii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
iii. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R.

Part 19.
iv. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. v. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. vi. New Restrictions on Lobbying, 31 C.F.R. Part 21.
vii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
c. Compliance with Federal Statutes and Regulations Prohibiting Discri mination. CMAR agrees to comply with statutes and regulations prohibiting discrimination applicable to the SLFRF program including, without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability.
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.

Item 1E - Page 163
d. False Statements. CMAR understands that making false statements or claims in connection with the SLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. e. Hatch Act. If CMAR is a public agency, CMAR agrees to comply, as applicable, wit h the requirements of the Hatch Act (5 U.S.C. section 1501- 1508 and 7324- 7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. f. Protections for Whistleblowers.
i. In accordance with 41 U.S.C. § 4712, CMAR may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.
ii. The list of persons and entities referenced in the paragraph above includes the following:

1. A member of Congress or a representative of a committee of Congress;

2. An Inspector General;

3. The Government Accountability Office;

4. A Treasury employee responsible for contract or grant oversight or management;

5. An authorized official of the Department of Justice or other law enforcement agency;

6. A court or grand jury; or

7. A management official or other employee of CMAR , or a subcontractor who has the responsibility to investigate, discover, or address misconduct. g. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), CMAR is encouraged to adopt and enforce on- the-job seat belt policies and programs for their employees when operating company -owned, rented or personally owned vehicles, and encourage its subcontractors to do the same h. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), CMAR should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and C MAR should establish workplace safety policies to decrease accidents caused by distracted drivers. i. Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Agreement, including, but not limited to, the following:

Item 1E - Page 164
i. CMAR ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq. ), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.
ii. CMAR acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. CMAR understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, CMAR shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services and activities to LEP persons. CMAR understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. iii. CMAR agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov.
iv. CMAR acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon CMAR and CMAR’s successors, transferees and assignees for the period in which such assistance is provided.
v. CMAR agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the CMAR and the CMAR’s subcontractors, successors, transferees and assignees:

The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited Englis h proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement).

vi. CMAR understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the CMAR, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the CMAR for the period during which it retains ownership or possession of the property.
vii. CMAR shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include Item 1E - Page 165
investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. CMAR shall comply with information requests, on- site compliance reviews, and reporting requirements.
viii. CMAR shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. CMAR must also inform the Department of the Treasury if CMAR has received no complaints under Title VI. ix. CMAR must provide documentation of an administrative agency’s or court’s findings of non -compliance of Title VI and efforts to address the non- compliance, including any voluntary compliance or other agreements between the CMAR and the administrative agency that made the finding. If the CMAR settles a case or matter alleging such discrimination, CMAR must provide documentation of the settlement. If CMAR has not been the subject of any court or administrative agency finding of discrimination, please so state. x. If CMAR makes sub -awards to other agencies or other entities, CMAR is responsible for assuring that sub- recipients also comply with Title VI and all of the applicable authorities covered in this assurance.

Item 1E - Page 166

CITY COUNCIL STAFF REPORT
10/17/2022

APPROVE A THREE-YEAR AGREEMENT WITH VERDE FACILITIES SERVICES LLC (A9232) FOR JANITORIAL SERVICES FOR VARIOUS CITY FACILITIES RECOMMENDATION:

Approve Contract Service Agreement A9232 with Verde Facilities Services LLC to provide janitorial services for various City facilities for a three-year term in an amount not to exceed $2,236,428 beginning December 1, 2022, through November 30, 2025, with two one-year extension options at the City’s sole discretion.

1. Authorize additional/ optional janitorial services in accordance with the fixed pricing identified in Schedule II – Options Pricing Sheet for an amount not to exceed $25,000 annually during the term of the agreement.

2. Authorize the City Manager or designee to execute all necessary documents. 3.

Justin Clifton, City Manager
Attachments
Item 1F

CITY COUNCIL STAFF REPORT

DATE: OCTOBER 17, 2022 CONSENT CALENDAR

SUBJECT: A PPROVE A THREE -YEAR AGREEMENT WITH VERDE FACILIT IES SERVICES LLC (A9232) FOR JANITORIAL SERVICES FOR VARIOUS

CITY FACILITES

FROM: Teresa Gallavan, City Manager

BY: Maintenance & Facilities Department

SUMMARY:

This action will approve a three-year agreement with Verde Facilities Services LLC in an amount not to exceed $2,236,428 for janitorial services for various City facilities.

RECOMMENDATION:

1. Approve Contract Service Agreement A9232 (Attachment A) with Verde Facilities Services LLC to provide janitorial services for various City facilities for a three-year term in an amount not to exceed $2,236,428 beginning December 1, 2022, through November 30, 2025, with two one -year extension options at the City’s sole discretion.

2. A uthorize additional/ optional janitorial services in accordance with the fixed pricing identified in Schedule II – Options Pricing Sheet for an amount not to exceed $25,000 annually during the term of the agreement.

3. Authorize the City Manager or designee to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form ( Attachment B) submitted on August 30, 2022, Verde Facilities Services LLC is registered in the state of Arizona. The owner is Paul Sarzoza with 100% beneficial interest in entity.

BACKGROUND:

The Maintenance & Facilities Department oversees the ongoing maintenance and janitorial services of various City -owned facilities (excluding the Airport and Convention Item 1F - Page 1
Center), that is estimated at a cumulative 223,081 square feet. The previous 5- year contract was based on a cumulative 202,307 square feet at an annual amount of $540,997.45. The current contract for janitorial services expires at the end of this year.

STAFF ANALYSIS:

The Maintenance & Facilities Department worked with the Department of Procurement and Contracting to issue a Request for Proposals (RFP) to find a contractor for the needed services. The RFP was advertised in the local newspaper and published on the PlanetBids website. Four proposals were received and evaluated by an evaluation team made up of City staff from the Maintenance & Facilities, Library, Police, Fire, and Recreations Departments. The proposals were evaluated against published criteria that included the firms experience, the staff experience, the understanding of the scope of work, local preference, and price. MEK Enterprises was ranked the highest after the initial scoring; however, the proposed cost was extremely over budget . The firm was given an opportunity to submit their best and final offer which was still over budget by approximately $1.4M ; therefore, staff is recommending the next highest ranked firm , Verde Facilities Services LLC, for award of the contract.

Verde Facilities Services LLC is a minority owned business that has over 45 years of experience and has worked in multiple states and in multiple industries. Verde Facilities Services LLC will employee approximately 16 staff members made up of primarily local residents to clean the City’s facilities.

ENVIRONMENTAL ASSESSMENT
:

The requested 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. The requested action is to approve contracts for the above- mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that 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:

Approval of this action supports City Council priority 3A, Community Infrastructure – Improve City Facilities.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the current Fiscal Year 2022-23, accounts 1004472-40105, 1004520-40105, 2603180-50105, and 5206570-40105.

Item 1F - Page 2
REVIEWED BY:

Assistant Department Director: Heather MacPherson
Procurement Manager: Kim Baker
Acting City Manager: Jeremy Hammond

ATTACHMENTS:

A. Agreement No. A9232
B. Public Integrity Disclosure
Item 1F - Page 3
CO
NTRACT SERVICES AGREEMENT A9232

JANITORIAL SERVICES FOR VARIOUS CITY FACILITES

THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on December 01, 2022, by and between the City of Palm Springs , a California charter city and municipal corporation (“City”), and VERDE FACILITIES SERVICES LLC , a Limited Liability Company, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City requires the services of a licensed and qualified firm to provide the City with janitorial services for various City of Palm Springs facilities, (“Project”).

B. Contractor has submitted to City a proposal to provide janitorial services for various City facilities, to City under the terms of this Agreement.

C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.

D. City desires to retain the services of Contractor for the Project.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. CONTRACTOR SERVICES

1.1 Scope of Services . In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services ” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

1.2 Compliance with Law . Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

Item 1F - Page 4

1.3 Licenses and Permits . Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement.

1.4 Familiarity with Work . By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.

2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A .” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non -performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay.

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $2,236,428.00.

3.2 Method of Payment . In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.

3.3 Changes . In the event any change or changes in the Services is request ed by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provide for revisions or modifications to documents , work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

3.4 Appropriations. This Agreement is subject to , and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.

Item 1F - Page 5

4. PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A .” Any time period extension must be approved in writing by the Contract Officer.

4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if , in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unle ss earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three years , commencing on December 1, 2022, and ending on November 30, 2025, unless extended by mutual written agreement of the Parties.

4.5 Termination Prior to Expiration of Term . City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor . W here termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as m ay be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action.

Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

Item 1F - Page 6

5. COORDINATION OF WORK

5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representa tive of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services : Areli Barlow (name), Business Development Director ( title). It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services . Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

5.3 Prohibition Against Subcontracting or Assignment . The experience, knowledge, education, capability, and reputation of Contracto r, its principals, and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor , its agents, or employees, perform the Services required, except as otherwise specified . Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Co ntractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.

5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel Item 1F - Page 7
w
ithout the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.

Name: Title:

Paul Sarzoza President of Operations
Jesus Chavez Regional Operations Manager

5.6 California Labor Code Requirements.

A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the S ervices are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for cons truction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, and agents free and harmless from any c laims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Indust rial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.

7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor ’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Item 1F - Page 8
P
arties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons ( Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties . Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor ’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the C laims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement , and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

8. RECORDS AND REPORTS

8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require.

8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

8.3 Ownership of Documents . All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies Item 1F - Page 9
of
such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.

8.4 Release of Documents . All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.

8.5 Audit and Inspection of Records . After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as Cit y deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and document s in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

9. ENFORCEMENT OF AGREEMENT

9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.

Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside , State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.

Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

9.3 Waiver . No delay or omission in the exercise of any right or remedy of a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver.

No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor . Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.

9.4 Rights and Remedies are Cumulative . Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative . The exercise by either Party of one or more of such rights or remedies Item 1F - Page 10
s
hall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non- judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

10.1 Non-Liability of City Officers and Employees . No officer or employee of City shall be personally liable to the Contractor , or any successor -in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.

10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

10.3 Covenant Against Discrimination . In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensur e that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifie s that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruit ment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non- discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS
Item 1F - Page 11

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre -paid, first-class mail to the addre ss set forth below. Notice shall be deemed communicated seventy -two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262

To Contractor: Verde Facilities Services LLC
Attention: Areli Barlow
2323 W. Mescal St. #205
Phoenix, AZ 85029

11.2 Integrated Agreement . This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respe ct to the subject matter in this Agreement.

11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.

11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.

11.5 Successors in Interest . This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

11.6 Third Party Beneficiary . Except as may b e expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.

11.7 Recitals. The above -referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

Item 1F - Page 12

11.8 Authority. The persons executing this Agreement on behalf of the P arties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.

11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

[SIGNATURES ON NEXT PAGE]
Item 1F - Page 13
S

IGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM

SPRINGS AND VERDE FACILITIES SERVICES LLC

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No. _______

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

Item 1F - Page 14

EXHIBIT “A”

CONTRACTOR’S

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance

Item 1F - Page 15

1.1 Background:

The Maintenance & Facilities Department oversees the ongoing maintenance and janitorial services of various city owned facilities (excluding the Airport and Convention Center), that is estimated at a cumulative 223,081 square feet. The previous 5- year contract was based on a cumulative 202,307 square feet and awarded at $373,520.88 per year for a 3-year term with two (2) one (1) year renewal options.

1.2 Scope:

The scope of work consists of, but is not limited to, providing the regularly scheduled janitorial services and appropriate supplies to maintain a high level of cleanliness effectively, and safely for specified City Facilities in accordance with the best standards of practice. It shall be the successful Contractor’s responsibility to furnish at his/her own expense all tools, equipment, janitorial supplies, labor, fuel, materials, supervision, and services necessary for the satisfactory performance of the work as set forth in these specifications.

1.3 Displaced Janitor Opportunity Act:

Contractors shall comply with Chapter 4.5 (commencing with Section 1060) to Part 3 of Division 2 of the California Labor Code, relating to employment, the Displaced Janitor Opportunity Act. The Displaced Janitor Opportunity Act, enacted by SB20, is effective for contracts awarded on or after January 1, 2002, and requires the City to identify the following requirements of the statute in its initial bid package. The statutory obligations apply only to contractors with 25 or more employees.

The requirements include notice to a new contractor that they must retain for sixty (60) days any employees employed at the same site for at least the preceding four (4) months by the previous contractor, absent reasonable and substantiated cause, not to hire based on the employee=s performance or conduct. The City, when awarding a replacement contract, will provide in a timely manner, the name and address of the new contractor to the previous contractor.

The new contractor is not required to pay the same wage or offer the same benefits, but the new contractor must make a written offer of employment to each non -management, non-supervisory service employee in a language in which the employee is literate. The offer shall state the tim e (of no less than 10 days) within which the employee must accept the offer. The new contractor may not discharge any holdover employees during the first 60 days of their new employment, except for cause. At the end of 60 days, the new contractor must provide a written performance evaluation to each retained employee and must offer the employee continued employment if the performanc e was satisfactory. Employment thereafter may be at will.

1.4 Special Requirements:

A. Employee Background Checks:

All contractor employees will be subjected to a background check prior to the commencement of work under this contract conducted by the Palm Springs Police Department. The City will require a list of all employees assigned to this contract along with their social security numbers. Any employee assigned to this contract that is shown to have a felony conviction, or whom the City finds to be unacceptable, will not be allowed to work under this contract. We strongly recommend that contractors are confident that the employees they assign to this contract will pass the required background check.

Item 1F - Page 16
B. Employees of Contractor:

1. Any and all employees of Contractor not satisfactory to the City of Palm Springs will be replaced upon request as soon as possible by another who wi ll be satisfactory. The question as to whether any employee proves satisfactory to the City of Palm Springs is one which is to be determined solely by the City of Palm Springs with or without cause, and without regard to the basis upon which such decision shall be made.

2. The Contractor shall be required to provide on- site supervisory personnel of a high caliber including bilingual communication ability if any contract crew member does not have a working knowledge of English. The supervisory personnel shall conduct regular inspections to determine that work is being performed in accordance with contract cleaning standards and established work schedules.

Said personnel must have the authority to respond immediately to situations upon request by the Contract Administrator.

3. The Contractor shall meet special personnel standards for the Public Safety (Police) facilities. All contract employees assigned to these areas must pass a police background investigation prior to entering said facilities. At no time shall the Contractor schedule personnel in the police facilities that have not passed the background check. This provision shall apply even during times of short staffing due to holidays, illness, vacations, no shows, etc.

4. It shall be the responsibility of the Contractor to see that all his/her supervisory and crew personnel abide by the City of Palm Springs building security regulations and safety standards. The Contractor shall conduct his work operations in such a way as to safeguard the City's personnel, equipment, and property.

5. All personnel assigned by the Contractor to perform work for the City of Palm Springs shall not have an arrest record other than minor traffic violations, must be physically capable of performing all duties assigned, and must present a physical appearance acceptable to the City. The final decision as to the acceptability of any individual performing work under any contract awarded because of this specification shall rest with the City of Palm Springs.

6. The Contractor shall provide supervisory personnel of a high caliber. The assigned supervisor shall contact the Contract Administrator or his designee to discuss and clarify any operational problems and to receive instructions. In addition, the assigned supervisor shall physically contact each assigned individual at not less than one (1) time per shift.

7. Contractor shall submit a supervisory chain of command document identifying personnel names and telephone numbers, providing updates as necessary. Said document must be submitted to the Contract Administrator on or prior to the first day of work.

8. Contractor shall submit detailed description of all hiring, training, testing and disciplinary policies and procedures used by his/her firm.

9. It shall be the responsibility of the Contractor to provide consistent, reliable transportation for equipment and staff to service identified facilities. All costs related to the maintenance and operation of said transportation vehicle(s) shall be the responsibility of the Contractor.

Item 1F - Page 17

10. One worker shall be made available for unscheduled assignments 7:30 A.M. to 4:30 P.M., seven days a week. Such work shall be in addition to that outlined in the specifications. This individual must be supplied with a cell phone and a vehicle for transportation provided by the Contractor. The phone number must be provided to the Contract Administrator.

11. The Contractor shall provide sufficient personnel to perform all work in accordance with the specification set forth herein. Contractor's employees, whether assigned to any one facility or as part of a crew serving any number of facilities, shall include at least one individual who speaks the English language proficiently.

12. The Contract Administrator may at any time give Contractor written notice to the effect that the conduct or action of a designated employee of the Contractor is, in the reasonable belief of the Contract Administrator, detrimental to the interest of the public patronizing the premises. Contractor shall meet with the Contract Administrator to consider the appropriate course of action with respect to such matter and Contractor shall take reasonable measures under the circumstances to assure the Contract Administrator that the conduct and activities of Contractor's employees will not be detrimental to the interest of the public patronizing the premises.

13. Contract Administrator may require the Contractor to establish an identification system for personnel assigned to the facility which clearly indicates to the public the name of the Contractor responsible for the janitorial services. The identification system shall be furnished at the Contractor's expense and will include uniforms and ID badges as specified by the City.

14. The Contractor shall require each of his/her employees to adhere to basic public works standards of working attire. These are basically: Uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of the clothing. Shirts shall be worn at all times and shall be buttoned C. Inspection by City:

The work, materials, and supplies to be provided by the Contractor shall be subject to inspection by the City, and/or to tests designated by the City. If the results of such inspection or tests indicate that part of the work, materials, or supplies are deficient in any respect, the City in its sole discretion may reject all or any part of the work, materials or supplies provided by the Contractor. Inspections will be conducted by the Contract Administrator or their designee. Contractor shall utilize inspection sheets, either electronic or paper, which will be made readily available to the City.

Inspection sheets will include a section for the City’s designated inspector to list deficiencies.

D. Rejection of Work:

The City has the sole right to make all final determinations as to whether the work has been satisfactorily completed. If in the event that the results of the janitorial service are considered unsatisfactory to the City, the Contractor shall be required to immediately re-clean the unsatisfactory area at no cost to the City. Said service shall be performed in addition to, and without interruption to the regular cleaning schedule.

The City shall in all cases determine the quantity, quality, and acceptability of the work, materials, and supplies for which payment is to be made under the contract.

Item 1F - Page 18
The City shall decide the questions which arise relative to the fulfillment of the contract or the obligations of the Contractor there under.

E. Immediate Action During Business Hours, Council Contact:

1. During the normal days and hours of operation, whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, City may, after reasonable attempt to notify the Contractor, cause such action to be taken by the City work force and shall charge the cost thereof as determined by the Contract Administrator against the Contractor, or may deduct such cost from an amount due Contractor from the City.

2. Contractor and Contractor's personnel shall immediately notify the Contract Administrator upon contact with members of the City Council F. Safety:

1. Contractor shall perform all work specified in any resultant contract in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees to accept the sole responsibility for complying with all local, County, State or other legal requirements, including but not limited to, full compliance with the terms of the applicable O.S.H.A. and CAL O.S.H.A. Safety Orders at all times so as to protect all persons, including Contractor's employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property. Contractor shall inspect all potential hazards at said facilities and keep a log indicating date inspected and action taken.

2. It shall be the Contractor's responsibility to inspect and identify any condition(s) that renders any portion of the premises unsafe, as well as any unsafe practice occurring thereon. The Contract Administrator shall be notified immediately of any unsafe condition that required major correction. During normal hours Contractor shall obtain emergency medical care for any member of the public who is in need thereof, because of illness or injury occurring on the premises.

Contractor shall cooperate fully with the City in the investigation any accidental injury or death occurring on the premises, including a complete written r eport thereof to the Contract Administrator within five calendar days following the occurrence.

3. The Contractor shall comply with the OSHA Standard 29 CFR 1910.1200 Hazardous Communications as it pertains to the training, safety and equipment needed for all employees engaged in custodial service. The Contractor shall be responsible for compliance on date of Contract acceptance and shall provide proof to the City.

4. The Contractor shall furnish to the City copies of Safety Data Sheets (SDS) for all products used prior to beginning service to any facility. The Safety Data Sheets must be organized and include an index. The Safety Data Sheets must comply to the OSHA Guidelines, Title 29 of the Code of Federal Regulation, Part 1910.1200, Paragraph G.

5. The Contractor shall comply with the OSHA Guidelines, Title 29 of the Code of Federal Regulation, Part 1910.1200, Paragraph F, concerning the labeling of all chemical containers. The Contractor shall use "caution signs" as required by Item 1F - Page 19
OSHA Guidelines. The Contractor shall furnish these signs at no additional cost to the City. Caution signs shall be on-site on Contract start date.

6. The Contractor shall comply with the OSHA Standard 29 CFR 1910.1030 Blood borne Pathogens as it pertains to the training, safety, and equipment needed for all employees engaged in custodial service. The Contractor shall be responsible for compliance on date of Contract acceptance and shall provide proof to the City. The custodian is responsible for cleaning bodily fluid spills of a two- foot square area, or less. Immediately notify the Contract Administrator for any bodily fluid spills larger than two feet square.

G. Maintenance Schedules:

The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the Contract Administrator for their review, and if appropriate, their approval, within five working days prior to scheduled time for the work.

H. Non-Interference:

Contractor shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed.

I. Building Security:

The Contractor shall be responsible for the safekeeping of all areas in which janitorial services are performed at times other than the City's regular business hours. This responsibility shall include but not be limited to: (1) barring all unauthorized persons, and (2) locking and securing all doors and windows and turning off lights in these areas when the Contractor leaves the premises, except those lights and equipment designated to be continuously turned on. (3) City Hall shall be unlocked at 7:00 a.m., Monday through Thursday, and shall be locked Monday through Thursday at 6:00 p.m. The Contractor shall follow written instructions for building security and any other security requirements.

J. Locks and Keys Requirements:

1. The Contractor will be issued keys or Control Access Cards to all areas in which janitorial services are to be performed. The Contractor shall maintain control over issued keys and cards.

2. Contractor shall be responsible for the series of keys and access cards assigned to them and will in turn assign these keys and access cards to their personnel for use in maintaining this facility.

3. Contractor will be held responsible for the proper use and safe keeping of all keys and access cards issued by the City to the Contractor.

4. Contractor shall report all lost or stolen keys and/or access cards to the Contract Administrator within twenty -four hours of discover of the loss. Contractor shall reimburse the City for the cost as determined by the Contract Administrator of rekeying the facility or duplicating additional keys.

5. Upon termination, cancellation or expiration of the Contract, all keys received by the Contractor shall be returned to the Contract Administrator.

Item 1F - Page 20

6. California law stipulates that it is unlawful for a person to duplicate any keys without the permission of the owner. The penalty for violation of law is either six months imprisonment or a five hundred dollar fine, or both.

K. Hours of Work:

All janitorial services shall be performed during hours to be agreed upon by the Contract Administrator and on the days identified in the Detailed Specifications, including City recognized holidays for those areas operating seven days per week.

Such performance shall not disrupt any City functions or business during the times set forth above. In any event, all required janitorial services shall be completed before the next scheduled workday.

L. Schedule of Compensation:

1. Payments will be made by City to the Contractor upon receipt of properly executed invoices and in accordance with the provisions of this Contract.

2. For all services which the Contractor is obligated to perform under the terms of this Agreement, the City shall pay to the Contractor a monthly price per facility as set in the Contract.

3. Payments shall be made upon submittal of a detailed monthly statement to the Director of Maintenance and Facilities of the City of Palm Springs. Said statement shall be submitted within two weeks following the end of the billing period defined as a calendar month.

4. Prior to City payment of the monthly statement the Director of Maintenance and Facilities shall review and approve payment based on the satisfactory completion of service. Payment shall be issued within thirty (30) days of receipt of the monthly statement after services have been rendered. Payments shall not be made in advance of services performed.

5. Monthly price shall be the same for each month of the year regardless of the number of workdays in the month
M. Deductions, Adjustments and Damages:

The City shall have the right to assess damages for breach of the Contractor ’s obligations. The exercise of its rights shall not preclude the City’s right to terminate or revoke the agreement. Deductions and adjustments (as a credit to the Contractor’s invoice) are a valid right of the City. Typical scenarios in which deductions may be taken and the method of their application include, but are not limited to:

1. If the Contractor fails to perform the work required to achieve the quality specifications, the following schedule of deductions will be:
0-3 deficiencies in a building per month No deductions
4-6 deficiencies in a building per month 10% of monthly building cost 7-9 deficiencies in a building per month 20% of monthly building cost 10+ deficiencies in a building per month 40% of monthly building cost

Item 1F - Page 21

2. For costs expended by the City to achieve the specifications, the deduction will be 100% of the additional cost to City;

3. For damages caused by the Contractor, its employees, or others under its supervision to City facilities, fixtures, furnishings, equipment, grounds, or personal injury to City employees, visitors, or licensees, the deduction will be 100% of said damages.

In addition to the above, the City shall have the right to deduct monies as a credit from any monthly payments, otherwise due to the Contractor, as may be deemed necessary to protect the City against failure by the Contractor to perform Contractor’s obligations, without revoking or terminating the contract.

The City is not restricted to any certain type of inspection to determine if specifications have been achieved. The City may adopt or change inspection method(s), quality assurance procedures, and increase or decrease the degree of inspection based upon contract modifications, lessons learned, technological changes, inspection documentation and changes to Contractor’s quality control system.

1.5 Location And Total Area To Be Serviced:

The total area to be serviced is estimated at 223,081 square feet with the following breakdown per facility:

Location Frequency Units
Animal Shelter

4904 sf
General, Executive and Lobby Areas  7 days/wk. (including holidays)

Kitchen/lounge  7 days/wk. (including
holidays)

Restrooms  7 days/wk. (including
holidays)

Annual Cleaning 4/year (February, May,
September, and December)

City Hall

36,536 sf
General, Executive, Conference Rooms, and Lobby
Areas
5 days/wk. (M-F including
holidays)

Kitchen/lounges 4 days/wk. (M-Th)
Restrooms 5 days/wk. (M-F including
holidays)

Annual Cleaning 4/year (February, May,
September, and December)

City Yard

5,400 sf
General, Executive and Lobby Areas 4 days/wk. (M-Th)
Kitchen/shop breakrooms, large breakroom, Lead
Worker offices, locker rooms, weight room
4 days/wk. (M-Th)
Restrooms 7 days/wk.

Annual Cleaning 4/year (February, May,
September, and December)

Item 1F - Page 22
Demuth Community Center

12,600 sf
General, Executive and Lobby Areas 7 days/wk. (M-Sat)
Restrooms (5) 7 days/wk. (M-Sat)
Annual Cleaning 4/year (February, June, and
October)

Desert Highland Center

10,215 sf
General, Executive and Lobby Areas 5 days/wk. after 7:00pm Kitchen, Lounge, Locker, Game Room, Meeting
Room, and Weight Room Areas
5 days/wk. after 7:00pm
Restrooms 5 days/wk. after 7:00pm

Downtown Parking Structure

12,000 sf
Belardo Parking Structure 7 days/wk. prior to 7:00am
(including holidays)

Downtown Parking Structure 11,111 sf
Baristo Parking Structure 7 days/wk. prior to 7:00am
(including holidays)

Downtown Park Police Sub Station

1,585 sf
General, Executive and Lobby Areas, Restrooms 7 days/ week including holidays

Annual Cleaning 4/year (February, May,
September, and December)

Downtown Trash/Recycling

180 bins
Downtown Trash/Recycling  5 days/wk. (W, F, S, S, M
3:00pm – 5:00pm and
8:00pm – 10:00pm) including
holidays if on scheduled days

Fire Station #1

5,364 sf
Annual Cleaning 2/year (January and June)
Fire Station #2 (admin offices.)

4,160 sf
General, Executive and Lobby Areas 4 days/wk. (M-Th)
Admin Offices, Kitchen, Supply Room, Conference
Room
4 days/wk. (M-Th)
Restrooms 4 days/wk. (M-Th)
Annual Cleaning 2/year (January and June)
Fire Station #2 Suppression 15,449 sf Annual Cleaning 2/year (January and June
Fire Station #3

5,807 sf
Annual Cleaning 2/year (January and June)
Fire Station #4

2,600 sf
Item 1F - Page 23
Annual Cleaning 2/year (January and June)
Fire Station #5

3,764 sf
Annual Cleaning 2/year (January and June)
Fire Training Center 3,750 sf Annual Cleaning 2/year (January and June)
Fleet Operations 1,810 sf
General, Executive and Lobby Areas 4 days/wk. (M-Th)
Kitchen and Lounge 4 days/wk. (M-Th)
Restrooms 4 days/wk. (M-Th)
Annual Cleaning 4/year (February, May,
September, and December)

Leisure Center

8,501 sf
General, Executive and Lobby Areas 6 days/wk. (M-Sat)
Kitchen, Lounge, Dance Studio, Meeting Room, Tiny
Tots Room,
6 days/wk. (M-Sat)
Restrooms 6 days/wk. (M-Sat)
Annual Cleaning 4/year (February, May,
September, and December)

Main Library

33,920 sf
General, Executive and Lobby Areas 6 days/wk. (M-Sat)
Kitchen, Lounge, Learning Center 6 days/wk. (M-Sat)
Restrooms 6 days/wk. (M-Sat) including
a mid-day refresh

Annual Cleaning 4/year (February, May,
September, and December)

Pavilion

18,736 sf
General, Executive and Lobby Areas 7 days/wk. (including holidays)

Kitchen, Lounge, Stage, Dressing Room 7 days/wk. (including holidays)

Restrooms 7 days/wk. (including
holidays)

Annual Cleaning 4/year (February, May,
September, and December)

Police Department

42,425 sf
General, Chief’s Office, Executive and Lobby Areas 7 days/wk. (including holidays)

Records, Communications Center, all Kitchenettes,
Locker Rooms, All Restrooms including Training
Center “Public Restroom”, Communication Centers,
Chief’s office, Locker Rooms, and Back Hallway
7 days/wk. (including
holidays)

Weight Room 1 day/wk
Item 1F - Page 24
Training Offices near Canine Field, Stairwells on north and south sides
3 days/wk
Training Center 2 days/wk Tuesday &
Thursday Afternoon

Jail/Booking Area As requested by staff
Annual Cleaning 4/year (February, May,
September, and December)

Plaza Theater

11,000 sf
General, Executive and Lobby Areas 4 day/month
Restrooms, Stage, Green Room, Dressing Rooms 4 day/month Annual Cleaning 4/year (February, May,
September, and December)

Rudy's Store

900 sf
General, Restroom 1 day/wk. (September 1st -
June 1st)
1 per/month (June 2nd –
August 31st)

Restroom 1/day/wk. (September 1st-
June 1st)

Special Programs Compliance

1,200 sf
General, Executive and Lobby Areas 7 days/wk. (Including holidays)

Annual Cleaning 4/year (February, May,
September, and December)

Swim Center

1,320 sf
General, Executive and Lobby Areas 7 days/wk. (including holidays)

Kitchen, Locker, and Areas 7 days/wk. (including
holidays)

Restrooms 7 days/wk. (including
holidays)

Annual Cleaning 4/year (February, May,
September, and December)

Train Station

120 sf
Restroom 6 days/wk. (M-Sat)
Annual Cleaning 4/year (February, May,
September, and December)

Welwood Murray Library

4,300 sf
General, Executive and Lobby Areas, Cornelia White
Community Room
7 days/wk. (including
holidays)

Restroom 7 days/wk. (including
holidays)

Annual Cleaning 4/year (February, May,
Item 1F - Page 25
September, and December)
Village Fest Restroom Trailer

160 sf
Restrooms 1 day/wk. (Friday mornings)
Park Restrooms Daily (including holidays)

Demuth Park-5 Restrooms 7 days/wk. (including
holidays)

Desert Highland Park-1 Restroom 7 days/wk. (including
holidays)

Ruth Hardy Park-1 Restroom 7 days/wk. (including
holidays)

Sunrise Park-1 Restroom 7 days/wk. (including
holidays)

Victoria Park-1 Restroom 7 days/wk. (including
holidays)

Downtown Park-1 Restroom 7 days/wk. (including
holidays)

1.6 Supplies To Be Provided By Contractor:

Contractor's base price shall include rest room supplies to be supplied in sufficient quantities as to be continuously available in all rest rooms included in this Contract.

Supplies and products shall be subject to the approval of the City's Director of Maintenance & Facilities. Supplies shall include the following:

Rest Room Supplies:
• Toilet Tissue, two ply – adequate to restock each dispenser twice a day • Hand Towels – adequate to restock each dispenser twice a day • Commode seat covers – adequate to restock each dispenser twice a day • Commode and urinal deodorant bars
• Hand soap, lotion – adequate to restock each dispenser twice a day • Hand soap, foam – adequate to restock each dispenser twice a day • Air Fresheners
• W aterless Urinal Cartridges
• Urinal Seal Oil
(Paper products need to be 30% recycled content)
Other Supplies:
• Plastic Trash Liners (for ALL waste receptacles)
• Cleaners – Green Certified Products as applicable
• Disinfectants & Antimicrobial cleansers
• Strippers & Waxes
Item 1F - Page 26
• Trash Bags for sanitary napkin disposal bins
• Graffiti Remover
• D Cell Batteries
Green Products:

The City of Palm Springs is concerned with providing and maintaining a clean and safe environment for its employees, City Officials, and visitors. Therefore, the Contractor shall be required to implement a cleaning program where all chemicals and products will be classified as “Green”. “Green Products” are described as those that are safe for the environment and safe for the end user. It i s understood that not every cleaning function has an appropriate “green product”, but the Contractor should routinely monitor the market for newer and safer chemicals to reduce employee and visitor exposure.  The Contractor shall take a pro- active role to achieve compliance in this area. In any event, the Contractor will provide the Director of Maintenance & Facilities with a complete list of cleaning products designating each product as green or non -green and the SDS sheets as required. All products shall be subject to approval by the City for their compliance with this requirement. The City shall determine which certifications and or seal of green certifications are acceptable

1.7 Standards And Frequency Of Janitorial Services For Specific Locations:

The following standards shall be used by the Contract Administrator in evaluating custodial service:

1. Dusting – A properly dusted surface is free of all dirt and dust, streaks, lint, and cobwebs. Dusting will be accomplished with properly treated cloths.

2. Plumbing Fixtures and Dispenser Cleaning – Plumbing fixtures and dispensers are clean when free of all deposits and stains so that the item is left without dust, streaks, film, odor, or sta ins. Minor blockages from toilets, urinals, and sinks cleared with plunger.

3. Sweeping/Vacuuming – A properly swept floor is free of all dirt, grit, lint, insects, and debris, except embedded dirt and grit.

4. Spot Cleaning – A surface adequately spot cleaned is free of all stains, deposits, and is substantially free of cleaning marks.

5. Damp Mopping – A satisfactorily damp mopped floor is without dirt, dust, marks, film, streaks, debris or standing water.

6. Metal Cleaning – All cleaned metal surfaces are without deposits or tarnish and with a uniformly bright appearance. The cleaner used is to be removed from adjacent surfaces.

7. Glass Cleaning – Glass is clean when all glass surfaces are without streaks, film, deposits, and stains, and have a uniformly bright appearance and adjacent surfaces have been wiped clean.

8. Floor Finish Removal (Stripping) – Removal is accomplished when surfaces have all finished removed down to the flooring materials including baseboards, are free of dirt, stains, deposits, debris, cleaning solution and standing water, and the floor has a uniform appearance when dry. Plain water rinse and pick -up must follow finish removal operation immediately.

Item 1F - Page 27

9. Finished Floor (Application) – A floor is satisfactorily finished when all old wax/poli sh has been completely removed, including in corners and along edges and sufficient coats of sealer and wax/polish have been properly applied with enough drying time between each coat to assure no streaking, bubbling, or yellowing.

10. Scrubbing – Scrubbing is satisfactorily performed when all surfaces are without embedded dirt, cleaning solution, film, debris, stains, and marks, or standing water and the floor has a uniformly clean appearance. A plain water rinse must follow the scrubbing process immediately.

11. Buffing of Finished Floor Surfaces – All finished floor areas will be spray buffed sufficiently for maximum gloss, removal of surface dirt and have a uniform appearance. Only non-skid and City approved spray-buff products shall be used.

12. Wall Washing – After cleaning, the surfaces of all walls, ceilings, exposed pipes, and equipment will have a uniformly clean appearance, free from dirt, stains, streaks, lint, and cleaning marks. Painted surfaces must not be unduly damaged. Hard finish wainscot or glazed ceramic tile surfaces must be bright, free of film streaks and deposits.

13. Spot Cleaning Carpets – A carpet adequately spot cleaned is free of all stains, deposits, gum, and spills. Care will be taken to use a product that will not harm the carpet fibers.

14. Janitorial Personnel – There is to be a janitorial person available during normal business hours Monday through Friday. Transportation is to be provided by the vendor/ personnel.

15. Pressure Washer – Pressure washer shall be either truck or trailer mounted and will have a burner to provide hot water

16. Welwood Murray Library – There are approximately 65 patrons per day that visit the Welwood Murray Library however there is no public restrooms made available for these patrons, only a staff restroom.

17. Public Restrooms – Engineering and Planning receives approximately 900 -1000 patrons per month that will impact the public restrooms outside of the Engineering and Planning Building. Approximately 400 patrons per day visit the Police Department.

18. Swim Center – The Palm Springs Swim Center September thru May: Receives 75 - 150 patrons daily depending upon swim teams. June through August, Monday through Friday approximately 400 plus patrons visit daily. Weekends have less traffic as there are no summer camps using the pool.

19. Parking Structures – There are two City owned Parking Structures Downtown: The Belardo Structure and the Downtown Baristo Structure. Belardo has 1 stairwell, 1 elevator, and 20 trash bins. Baristo has 3 elevators, 3 stairwells, 1 trash enclosure, 1 alley way, and 1 driveway.

20. Desert Highland Unity Center – There are approximately 100 users both male and female, Monday thru Friday that utilize the facility. Saturday and Sunday there are approximately 200-300 patrons at the facility

21. Leisure Center – For all classes, staff, and parents, approximately 150- 200 patrons per day utilize this center.

Item 1F - Page 28

22. Plaza Theater – The Plaza Theater has 850 seats and is utilized for special events such as films, lectures, and concerts.

23. Demuth Community Center – The Palm Springs Demuth Community Center receives 75-100 patrons a day.

24. Village Fest Restroom Trailer – Every Thursday during the Village Fest event, approximately 700+ patrons utilize the restroom trailer facility. Village Fest ends at 10:00PM every Thursday evening.

General, Executive and Lobby Areas:

Animal Shelter, City Hall, City Yard, Demuth Community Center, Desert Highland Center, Downtown Park Police Substation, Fire Station #2 (admin offices), Fleet Operations, Leisure Center, Main Library (includes all areas of the Library), Pavilion, Police Department, Special Program Compliance, Swim Center, Welwood Library

1. Empty and wipe clean (inside and out) all wastepaper and trash receptacles; return to original locations. Replace plastic liners, toilet paper and paper towels. Remove trash to main waste storage area.

2. Empty and wipe clean ashtrays; sift out cigarette butts and clean sand containers; pick up debris in smoke areas/urns and damp wipe exposed areas.

3. Clean and disinfect with damp cloth counters, and glass tops.

4. Spot clean walls, woodwork and doors, door frames and dust clean fingerprints, dust, soil, gum, etc.

5. Spot clean interior glass/frames, sills, glass panels, side glass entry doors and partition glass.

6. Vacuum carpeting (prior to 7:00 AM or after 6:00 PM); include under and around all furniture; spot clean baseboard and carpet for drink, spills, mud, gum, tar, etc.

7. Dust mop hard surface floors; including stairs and landings.

8. Mop hard surface floors where needed for drink spills, mud; remove gum, tar, etc.

9. Clean and polish drinking fountains, metal housings and trim; remove smudges and other marks.

10. Clean main entry door glass inside and out; spot clean other entry door glass.

11. All vinyl, wood and tile floors must be buffed on an "as needed" basis to insure high gloss shine.

Weekly – To be Cleaned on Thursday:

1. Dust thoroughly desks (except when laden with paperwork), tables, bookcases, lamps, and other office furniture.

2. Clean and mop all hard surface floors; insure high gloss shine.

3. Spot clean and damp wipe plastic, vinyl, and leather chairs and/or sofa backs, seats, and arms.

4. Dust doors and door frames.

5. Clean entry door metal, receptacles, and thresholds.

Item 1F - Page 29

6. Spot clean and vacuum carpeting (prior to 7:00 AM or after 6:00 PM).

7. Damp wipe tables, tabletops and chairs and chair legs. *Please note the Section 1.4 Special Requirements, B, 3, for contractor’s employees working in Police locations.

Kitchen, Lounge, Locker, Weight:

Animal Shelter (no locker/weight rooms), City Hall (no locker/weight rooms), City Yard, Desert Highland Center, Fire Station #2 Admin. Area, Fleet Operations (no weight room), Leisure Center (no locker rooms/weight rooms), Main Library (no locker/weight rooms), Pavilion (no locker/weight/lounge rooms), Police Department, Swim Center (no weight room).

1. Empty and wipe clean (inside and out) all wastepaper and trash receptacles; return to original locations. Replace plastic liners as needed. Remove trash to main waste storage area.

2. Empty and wipe clean ashtrays; sift out cigarette butts and clean sand containers; pick up debris in smoke areas/urns and damp wipe exposed areas.

3. Clean and disinfect with damp cloth all counters, sinks and glass tops.

4. Spot clean walls, woodwork and doors, door frames and dust clean fingerprints, dust, soil, gum, etc.

5. Spot clean interior glass/frames, sills, glass panels, side glass entry doors and partition glass.

6. Vacuum carpeting (prior to 7:00 AM or after 6:00 PM); include under and around all furniture; spot clean baseboard and carpet for drink, spills, mud, gum, tar, etc.

7. Dust mop hard surface floors; including stairs and landings.

8. Mop hard surface floors where needed for drink spills, mud; remove gum, tar, etc.

9. Clean and polish drinking fountains, metal housings and trim; remove smudges and other marks.

10. Clean main entry door glass inside and out; spot clean other entry door glass.

11. All vinyl, wood and tile floors must be buffed on an "as needed" basis to insure high gloss shine
Weekly – To be cleaned on Tuesdays (or other day mutually agreeable with the Contractor and City):

1. Wipe clean sinks, drain boards, microwaves, and counter tops.

2. Damp wipe tabletops and chairs.

3. Sweep and damp mop floors.

4. Vacuum carpeting.

5. Damp wipe and clean tops, sides, and fronts of appliances (stove, refrigerator, dishwasher, microwave oven).

Plaza Theater: Weekly to be cleaned on Mondays

1. Restock, clean, and disinfect all restrooms
Item 1F - Page 30

2. Vacuum lobby and aisles, both upper and lower sections

3. Dust front lobby area, clean front counters, clean and dust green room, dressing rooms

4. Sweep stage

5. Empty trash, inside and outside

6. Pressure wash front entrance

7. Clean and sweep upper outside balcony for trash and debris. Remove all cobwebs.

8. Clean front windows, ticket booths, outside billboards Plaza Theater: Annual Cleaning 4 Times Per Year

1. Strip, scrub and rewax bathroom flooring.

2. Clean all seat cushions with upholstery extraction cleaner, wipe down all arms, legs of all seats.

3. Clean all carpet using carpet extractor.

4. Dust all walls in the lobby, green rooms, dressing rooms.

5. Clean and mop floors in green room, dressing rooms and stage.

6. Dust and damp wipe all push- plates, kick -plates, baseboards, and molding throughout the theater.

7. Dust and clean light fixtures in the lobby.

8. Dust, clean ticket booths, windows, and outside billboards.

9. Vacuum and clean all hallways.

10. Clean and sweep upper outside balcony for trash and debris. Remove all cobwebs.

Restrooms:

1. Empty and wipe clean (inside and out) all waste containers and remove trash to main waste receptacle.

2. Empty sanitary napkin containers and replace liner.

3. Polish all metal, mirrors, and dispensers.

4. Clean and disinfect: Wash basins, counter tops, shower stalls toilet bowls (including underside and tops of seats) and urinals.

5. Spot clean walls around wash basin, dispensers, and other fixtures.

6. Clean floor with germicidal solution.

7. Refill soap, sanitary napkin, towel, tissue, and toilet cover dispensers.

8. All vinyl and tile floors must be buffed on an "as needed" basis to insure high gloss shine.

9. Graffiti removal in all public restrooms.

10. Minor blockages cleared with plunger in all toilets, urinals, and sinks Weekly – To be cleaned on Tuesday (or other day mutually agreeable with Contractor and City):

Item 1F - Page 31

1. Wash down tile walls and toilet partitions.

2. High dust restroom walls.

3. Pour water down floor drains.

4. Clean appropriately rest room chairs, sofas, and other furniture.

Parks Restrooms:

1. Pick up all trash on floors counters, sinks, urinals

2. Polish all metal, fixtures, mirrors, and dispensers

3. Clean and disinfect wash basins, counter tops, toilet bowels (including underside and tops of seats) and urinals (including front and underside of urinals.

4. Spot clean walls around sinks, toilets, urinals, dispensers, and other fixtures.

5. Refill soap, toilet paper, and set covers.

6. Clean floor with germicidal solution.

7. All tile flooring must be buffed on as “as needed” basis to insure high gloss shine.

8. Remove all graffiti

9. Minor blockages cleared with plunger in toilets, urinals, and sinks. For bloc kages that are unable to be cleared the fixture must be bagged over and reported to the Contract Manager or their designee for repair.

10. Restrooms to be cleaned after 10:00pm when Park closes and locked by custodial staff
Weekly – To be cleaned on Tuesday (or other day mutually agreeable with Contractor and City):

1. Wash down tile walls and toilet/urinal partitions

2. High dust restroom walls

3. Pour water down floor drains
Baristo Parking Structure:

1. Steam Clean/Pressure Wash All Stairwells.

2. Clean the interior and exterior of all elevators. Polish all metal surfaces.

3. Steam Clean/Pressure Wash trash enclosure(s).

4. Steam Clean/Pressure Wash the alleyway leading to trash enclosure and adjacent to parking structure.

5. Steam Clean/Pressure Wash the walkway fr om the parking structure that leads to adjacent street.

6. Mop hard surface floors in all elevators. Remove all gum, tar, etc. from floor.

7. Graffiti removal from elevators.

8. Debris removal throughout structure
Belardo Parking Structure:

Item 1F - Page 32

1. Steam Clean/Pressure Wash stairwell which is adjacent to the elevator on the south side of the structure.

2. Clean the interior and exterior of the elevator. Polish all metal surfaces.

3. Mop the elevator floor and remove all gum, tar, etc. from floor.

4. Remove all graffiti from elevator

5. Empty all trash bins in the north and south sides of the structure. All levels.

6. Pick up all debris, trash, etc. in the north and south sides of the structure. All levels Police Records, Communications, and Main Lobby Areas:

1. Empty and wipe clean (inside and out) all wastepaper and trash receptacles; return to original locations. Replace plastic liners as needed. Remove trash to main waste storage area.

2. Empty and wipe clean ashtrays; sift out cigarette butts and clean sand c ontainers; pick up debris in smoke areas/urns and damp wipe exposed areas.

3. Clean and disinfect with damp cloth all counters, public telephones, and glass tops.

4. Spot clean walls, woodwork and doors, door frames and dust clean fingerprints, dust, soil, gum, etc.

5. Spot clean interior glass/frames, sills, glass panels, side glass entry doors and partition glass.

6. Vacuum carpeting (prior to 7:00 AM or after 6:00 PM); include under and around all furniture; spot clean baseboard and carpet for drink, spills, mud, gum, tar, etc.

7. Dust mop hard surface floors; including stairs and landings.

8. Mop hard surface floors where needed for drink spills, mud, remove gum, tar, etc.

9. Clean and polish drinking fountains, metal housings and trim; remove smudges and other marks.

10. Clean main entry door glass inside and out; spot clean other entry door glass.

11. All vinyl and tile floors m ust be buffed on an "as needed" basis to insure high gloss shine
Weekly – To be cleaned on Friday:

1. Dust thoroughly desks (except when laden with paperwork), tables, bookcases, lamps, and other office furniture.

2. Damp mop all hard surface floors, including Police Department stairs and stairwell.

3. Damp wipe plastic, vinyl, and leather chairs and/or sofa backs, seats, and arms.

4. Dust door and door frames.

5. Clean entry door metal and thresholds.

6. Vacuum carpeting (prior to 7:00 AM and after 6:00 PM) except Comm unications area.

7. Clean reception area partition glass, inside and out.

8. Damp wipe elevator car walls and handrails.

Item 1F - Page 33

9. Vacuum elevator car floor and tracks.

10. Damp wipe stairway handrail.

Weekly – To be cleaned on Wednesday or Thursday (between 1:00 AM – 5:00 AM):

1. Vacuum carpeting in Communications area.

Downtown Trash/Recycling (Palm Canyon Drive from Vista Chino to Baristo Road) from 3:00 PM – 5:00 PM and 8:00 PM – 10:00 PM:

1. Empty trash and recycle bins when full or more than half full (approx. 180 bins).

2. Pick-up trash from around trash cans.

3. Steam Clean/Pressure Wash spills around trash and recycle bins on an “as needed” basis.

All Locations (to be cleaned monthly during the first week of the month):

1. Dust mop spot clean and vacuum entire floor area.

2. High dust wall and ceilings.

3. Vacuum air grills.

4. Dust pictures, frames, clocks, panel boxes, fire extinguisher and other wall fixtures.

5. Dust sides and tops of all lockers, file, and storage cabinets; dust windowsills, shelves, and other ledges.

6. Polish meeting room and public area tabletops.

7. Clean public access partition glass inside and outside.

8. All vinyl and tile floor must be buffed on an “as needed” basis to insure high gloss shine.

Annual Cleaning:

1. Strip, scrub and re -wax vinyl, tile and terrazzo floors with pre -approved product designated for type of flooring.

2. Scrub, mop, and re- seal wood floors with pre -approved product designated for type of flooring.

3. Dust with a treated cloth wall paneling.

4. Vacuum all fabric 1) walls, 2) furniture and 3) drapes.

5. Clean and polish all metal furniture.

6. Dust or damp wipe push-plate, kick-plates, and baseboards and moldings.

7. Damp wipe exterior surface of light fixtures.

8. Clean all windows and glass, inside and outside.

9. Clean all vertical blinds.

10. Main Library to include the steam cleaning of all fabric chairs

1.8 Schedule:

Work will begin upon issuance of a Notice to Proceed and continue for three years with two one-year renewal options.

Item 1F - Page 34

1.9 Compensation:

Work will be compensated on a lumpsum basis. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month if a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City. Contractor to provide to the Director of Maintenance and Facilities detailed invoices to outline work done/completed.

Item 1F - Page 35

ATTACHMENT " F"

COST PROPOSAL
REQUEST FOR PROPOSAL (RFP 03-23)

JANITORIAL SERVICES FOR VARIOUS CITY FACILITIES

THIS FORM MUST BE COMPLETED AND SUBMITTED IN SEPARATE ELECTRONIC FILE #2 "Cos t Proposal ", NOTw ith Electro nic File #1, Tech nical/Wor k Proposal *) Responding to this RFP for janitorial services for various C ity facilities, the undersigned proposer proposes and agrees to provide the services and work in accordance with the specifications. Bidder proposes and agrees to furnish all labor, equipment, materials, supervision, and service necessary to complete said Work in accordance with the Specifications of the City of Palm Springs and will accept as full payment therefore, the following unit cost amounts. The City of Palm Springs will not accept any additional charges, fees, etc. that are not already included or incorporated in the !below unit costs.

For 1he initial three years of the Agreement term, the Unit Pricing shall remain fixed. For optional years 4 a nd 5, Contractor may r equest a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the Riverside/San Bernadine/Ontario region for the prior 12 month period effective on the a nniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor.

ITEM D ESCRIPTION Unit of Estimated Rate TOTAL
Measure Q uantity
1 Animal Shelter (4,904 sq. ft.) Monthly 36 $2,088 $75,196 2 City Hall (36,536 sq. ft.) Monthly 36 $5,424 $195,269 3 City Yard (5,400 sq. ft.) Monthly 36 $1,031 $37,134
4 Fleet Operations (1,810 sq. Monthly 36 $707 $25,482
ft.)
5 Police Department (42,425 Monthly 36 $8,560 $308,165
sq. ft.)
6 Downtown Trash/Recycling Monthly 36 $2,761 $99,429
(180 bins)
7 Downtown Park Police Sub- Monthly
Station (1,585 sq. ft.)
36 $2,021 $72,777
8 Main Library (32,500 sq. ft.) Monthly 36 $4,884 $175,835 9 Fire Station #1 (5,364 sq. ft.) Monthly 36 $231 $8,346 10 Fire Station #2 Monthly 36 $1,031 $37,134 (administration office) (4,160 sq. ft.)
11 Fire Station #3 (5,807 sq. ft.) Monthly 36 $231 $8,346 12 Pavilion (1 8,736 sq. ft.) Monthly 36 $4,223 $152,046 Item 1F - Page 36

13 Fire Station #4 (2,600 sq. ft.) Monthly 36 $23 1 $8,346 14 Fire Station #5 (3,764 sq. ft.) Monthly 36 $231 $8,346 15 Leisure Center (8,501 sq. ft.) Monthly 36 $1,899 $68,382 16 S wim Center (1 ,320 sq. ft.) Monthly 36 $1,123 $40,440 17 Demuth Communi ty Center Monthly 36 $2,804 $100,961 (12,600 sq. ft.) 18 Desert Highland Center Monthly 36
(10,215 sq. ft.) $2,321 $85,583
19 Train Station (120 sq. ft.) Monthly 36 $515 $18,547
20 Demuth Park (5) Restrooms Monthly 36 $1,505 $54,190
21 Desert Highland Park (1) Monthly 36 $21,813 Restroom $605 22 Ruth Hardy Park ( 1) Monthly 36 $605 $21,813 Restroom 23 Sunrise Park (1) Restroom Monthly 36 $605 $21,813
24 Victoria Park ( 1) Restroom Monthly 36 $605 $21,813
25 Downtown Park (1) Restroom Monthly 36 $605 $21,813 (215 sq. ft.) 26 (Baristo) Downtown Parking Monthly 36 $2,224 $80,075 Structure (1 1,111 sq. ft.) 27 (Belardo) Downtown Parking Monthly 36 $2,291 $82,494 Structure (12,000 sq. ft.) 28 Rudy's Store (900 sq. ft.) Monthly 36 $322 $1 1,612
29 Plaza Theater (1 1,000 sq. ft.) Monthly 36 $652 $23,506 30 Special Programs Monthly 36 $1,123 $40,440 Compliance (1,200 sq. ft.) 31 Train ing Center (3,750 sq. ft.) Monthly 36 $163 $5,886 32 Welwood Murray Library Monthly 36 $1,190 $42,860 (5,058 sq. ft) 33 Village Fest Restroom Trailer Monthly 36 $255 $9,192 (160 sq. ft.) 34 Worker available for Hourly 6 ,264 $7,057 $254 ,052 unscheduled assignment (A Floater)
TOTAL $2,236,428
Item 1F - Page 37

SCHEDULE II - OPTIONS PRICING SHEET
OPTION A:

Cost to strip, scrub a111d re-wax vinyl, tile, wood , and terrazzo floors if needed each additional time during the year. These are options ONLY. NOT to be included in TOTAL cost above.

City Hall $ 831
Citv Yard $ 1,240
Fleet Operations Buildino $ 1 080
Police Department (including $ 6,318
Downtown)
Main Library $374
Leisure Center •wood Floor $ 1,324 $ 1,700
Pavilion •wood Floor $ 5 063 $ 1,648
Desert Hiohland Center $3,170
Train Station $ 200
Demuth Communitv Center $ 5 040
Downtown Parking $ 4,444
Structure/Elevato
rs
Rudy's Store •wood Floor $ 450 $ 360
Villaqe Fest Restroom Trailer $ 200
OPTION B:

Cost to clean/shampoo carpeting using a vacuum truck-mounted extractor each additional time during the year. These are options ONLY. NOT to be included in TOTAL cost above.

Citv Hall $ 4,712
Citv Yard $ 322
Fleet Operations Buildina $ 441
Police Department (includino Downtown) $ 3,728
Main Library $ 4,419
Leisure Center $ 224
Pavilion $ 629
Desert Hiohland Center $ 320
Train Station $ 0
OPTION C:

Cost to clean all windows and glass inside and outside, if needed, each additional time during the year. These are options ONLY. NOT to be included in TOTAL cost above.

Citv Hall - Main Buildina $ 500
Citv Hall -
EnoineerinQ $
Citv Yard $ 900
Fleet Operations Building $ 550
Police Department (includino Downtown) $ 1200
Main Library $ 1600
Leisure Center $ 1100
Item 1F - Page 38

Pavilion $ 1100
Fire Deoartment Administration Offices $ 700
Desert Hiohland Center $ 700
Rudv's Store $ 400
Welwood Murray Librarv $ /UU
Demuth Communitv Center $ l:!UU
Certified by: Areli Barlow
Firm Name: Verde Facilities Services
Signature of Authorized Person: _ A~ u&,, __ ._ZJ.~ado~~U.r~-------- Printed Name: Areli Barlow ----------------------
Title: Business Development Director
Date: A ugust 30, 2022
Item 1F - Page 39
EXHIBIT “B”

INSURANCE PROVISIONS

Including

Verification of Coverage,

Sufficiency of Insurers,

Errors and Omissions Coverage,

Minimum Scope of Insurance,

Deductibles and Self-Insured Retentions, and

Severability of Interests (Separation of Insureds)
Item 1F - Page 40

INSURANCE

1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’ s performance under this Agreement.

Contractor shall procure and maintain all insur ance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement .

Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement , including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

2. M inimum Scope of Insurance . The minimum amount of insurance requir ed under this Agreement shall be as follows:

1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;

2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;

3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
____X____ is not required;

4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. For any claims related to this Agreement, Contractor ’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item 1F - Page 41
c
ontribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

4. Errors and Omissions Coverage . If Errors & Omissions Insurance is required, and if Contractor provides claims made profes sional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor ’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’ s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.

6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:

A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

B. " This insurance is primary and non- contributory over any insurance or self - insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or " for any and all work performed with the City" may be included in this statement).

C. " Should any of the above- described policies be canceled before the expiration date thereof, the issuing company will mail 30 days writte n notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.

Item 1F - Page 42
D
. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.

In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.

All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter.

Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

7. Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Certificates of Insurance must include evidence of the amount of any deductible or self -insured retention under the policy. Contractor guarantees payment of all deductibles and self -insured retentions.

8. Severability of Interests (Separation of Insureds) . This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.

Item 1F - Page 43

CITY COUNCIL STAFF REPORT
10/17/2022

PURCHASE OF LIBRARY DOWNLOADABLE MUSIC WITH LIBRARY IDEAS FOR A FIVE-YEAR, NOT-TO-EXCEED AMOUNT OF $40,000
RECOMMENDATION: Authorize the City Manager to execute all necessary documents.

Justin Clifton, City Manager
Attachments
Item 1G

CITY COUNCIL STAFF REPORT

DATE: OCTOBER 17, 2022 CONSENT CALENDAR

SUBJECT: PURCHASE OF LIBRARY DOWNLOADABLE MUSIC WITH LIBRARY IDEAS FOR A FIVE-YEAR, NOT-TO-EXCEED AMOUNT OF $40,000

FROM: Teresa Gallavan, Interim City Manager

BY: Library

SUMMARY:

This action will allow the Palm Springs Public Library to purchase a downloadable music database subscription from existing vendor, Library Ideas , with a 5-year, not-to-exceed amount of $40,000.

RECOMMENDATION:

Authorize the City Manager to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

Library Ideas, LLC is a Limited Liability Company registered in the State of Delaware.

Their Public Integrity Disclosure is attached (Attachment A).

BACKGROUND:

The Library subscribes to a music downloading service for library patrons, Freegal, from Library Ideas . According to Title 7 of the City of Palm Springs Municipal Code, Procurement and Contracting must follow specific purchasing guidelines. While the purchase of these library materials fits within exemption Section 7.01.030(7), the City Council shall approve Purchase Orders and Cont racts for Supplies and Services that exceed seventy -five thousand dollars ( $75,000), unless such approval is otherwise delegated to the City Manager pursuant to separate action by the City Council.

STAFF ANALYSIS:

Palm Springs Municipal Code, Section 7.01.030(7) exemptions to this code include:

“Procurement of miscellaneous books, magazines, newspapers, Item 1G - Page 1
subscriptions, on-line library reference services, film, videos, and assorted materials for library customer check -out purposes for which contracts by competitive bid solicitation are not practicable, or which are exempted from competitive bidding pursuant to applicable laws.”

City Council has not been asked to approve these expenses in the past as the purchases had not exceed the City Manager’s authority. Since 2013 , there have been $69,000 in purchases with Library Ideas, LLC for these services. This current purchase will bring the cumulative total to $109,000 and therefore requires Council approval to continue the services.

Staff recommends this authorization of f unds over a five- year term, not-to-exceed $40,000 for the purchase of a downloadable music database subscription from Library Ideas.

ENVIRONMENTAL ASSESSMENT
:

The requested 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. The requested action is exempt from CEQA pursuant to Section 15378(b), in that 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:

The requested action aligns with the City Council Priority 4D, Good Governance.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the current fiscal year in Library Department Account 1004000-50035 for Year One.

REVIEWED BY:

Department Director: Jeannie Kays
Procurement Manager: Kim Baker
Acting City Manager: Jeremy Hammond

ATTACHMENTS:

A. Business Disclosure Form – Library Ideas
Item 1G - Page 2

ATTACHMENT A

Item 1G - Page 3

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Library Ideas, LLC

2. Address of Entity (Principle Place of Business)
PO Box9
Vienna, VA 22183

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

4. State where Entity is Registered with Secretary of State Delaware
If other than California, is the Entity also registered in California? n Yes ~ No

5. Type of Entity
D Corporation 0 Limited Liability Company D Partnership D Trust D Other (please specify)

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 Brian Downing 0 Officer D Director 0 Member D Manager
[name]
D General Partner O Limited Partner
Other
Robert Richmond, Ill 0 Officer O Director 0 Member D Manager (Revised 09 13 18)
[name]
O General Partner O Limited Partner
Other
D Officer D Director D Member D Manager
[name]
D General Partner O Limited Partner
Other

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

Item 1G - Page 4

7. Owners/Investors with a 5% beneficial interest in the Applica nt Entity or a related entity

EXAMPLE
JANEDOE 50%, ABC COMPANY, Inc,
Brian Downing 25%, Library Ideas, LLC
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
A.

David Berset 25%, Library Ideas, LLC
[name of owner/investor ] [percentage of beneficial interest in entity
and name of entitvl
B.

James Petersen 9% , Library Ideas, LLC
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
C.

Mark Berset 5%, Library Ideas, LLC
[name of owner/investor] [percentage of beneficial interest in entity
and name of entitvl
D.

Gilles & Simcha, LLC 18%, Library Ideas, LLC
[name of owner/investor] [percentage of beneficial interest in entity
and name of entitvl
E.

Gilles Dana
Simcha Fishman Gilles & Simcha, LLC
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

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

Signature of =•i~me, Title
rian Downing, CEO
Date
(Revised 09 13 18)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

Item 1G - Page 5

CITY COUNCIL STAFF REPORT
10/17/2022

A REQUEST BY THE JONES LIVING TRUST, OWNER, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 1821

SANDCLIFF ROAD, A CONTRIBUTING STRUCTURE IN THE SANDCLIFF GARDEN APARTMENT HOMES HISTORIC DISTRICT (APN 510-040-035), (HSPB #93/HD-5)
RECOMMENDATION:

Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs, The Jones Living Trust, and the Sandcliff Homeowners Association.

1. Authorize the Interim City Manager to execute the Agreement. 2.

Direct the City Clerk to record the Agreement with the County of Riverside. 3.

Justin Clifton, City Manager
Attachments
Item 1H

CITY COUNCIL STAFF REPORT

DATE: O CTOBER 17, 2022 CONSENT CALENDAR

SUBJECT: A REQUEST BY THE JONES LIVING TRUST, OWNER, FOR APPROVAL

OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 1821 SANDCLIFF ROAD, A CONTRIBUTING STRUCTURE IN THE

SANDCLIFF GARDEN APARTMENT HOMES HISTORIC DISTRICT (APN 510-040-035), (HSPB #93/HD-5)

FROM: Teresa Gallavan, Interim City Manager

BY: Department of Planning Services

SUMMARY:

This is a request for the City of Palm Springs to enter into a standard Mills Act Agreement with t he Jones Living Trust (owner) and the Sandcliff Garden Apartment Homes Homeowners Association. The intent of this contract is to require maintenance and preservation of 1821 Sandcliff Road, a contributing structure in a City-designated historic district in exchange for possible property tax relief as determined by the Riverside County Tax Assessor.

RECOMMENDATION:

1) Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs, The Jones Living Trust, and the Sandcliff Homeowners Association.

2) Authorize the Interim City Manager to execute the Agreement.

3) Direct the City Clerk to record the Agreement with the County of Riverside.

STAFF ANALYSIS:

On February 3, 2016, the City Council designated Sandcliff Garden Apartment Homes, located at 1800 South Barona Road (HSPB #93 / HD-5), a historic district via Resolution No. 23963. The Council identified all the residential buildings within Sandcliff as contributing resources in the historic district. The dwelling at 1821 Sandcliff Road is a contributing structure within the historic district.

Item 1H - Page 1
Pursuant to California Government Code Sections 50280 – 50290, upon the application of an owner of any qualified historic property, the legislative body of a city may contract with the owner or agent to restrict the use of the property to carry out the purposes and goals of historic preservation of the property. Such a contract is commonly referred to as a “Mills Act Agreement” and it provides for possible alternative property tax rate calculations in exchange for specific and ongoing preservation and maintenance of the property, specifically its historically significant elements and characteristics.

BELOW IS THE ENTRY VIEW OF 1821 SANDCLIFF ROAD

Pursuant to California Government Code Section 50280.1, a “qualified historical property” means a privately-owned property which is not exempt from property taxation and is listed in any state, city, or county official register of historical or architecturally significant sites, places, districts, or landmarks. The dwelling at 1821 Sandcliff Road meets this definition because it is a contributing structure within the Sandcliff Historic District and the Sandcliff Historic District is listed in the City of Palm Springs register of Historic Sites and Districts as site HSPB #93 / Historic District #HD-5.

FISCAL IMPACT:

Approval of this Mills Act contract may result in a decrease in the property tax collected for the subject property.

Item 1H - Page 2
REVIEWED BY:

Department Director: Christopher Hadwin
Deputy City Manager Flinn Fagg
Acting City Manager: Jeremy Hammond

ATTACHMENTS:

A. Vicinity Map
B. Resolution 23963
C. Letter from the owners dated August 16, 2022
D. Letter from the Homeowners Association dated August 17, 2022 Item 1H - Page 3

Attachment A

Item 1H - Page 4

Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
1821 Sandcliff Road
HSPB 93 HD-5

Legend
- s~e
= 500'Site Radii us
•
.
.

W E . .
.
s
Item 1H - Page 5

Attachment B

Item 1H - Page 6
R ECORDING REQUESTED BY:

CITY OF PALM SPRINGS
ND WHEN RECORDED MAIL TO: A
C
p
ity of Palm Springs
. 0. Box 2743
p aim Springs, CA 92263
A ttn: Office of the City Clerk
4'-ilA
Page
8 SIZE
2016-0104541
03/17/2016 12 :52 PM ~ee · $ 0 .00

Page 1 of 8 ends

Recorded in Official Records
County of Riverside Peter Aldana
Assessor-County Clerk-Recorder
1111 ~~~ f61~(~~~~~~j·~~,c.:~,11111
R A Exam: "'\$' \
DA PCOR Misc Long RFD 1st Pg Adtl Pg Cert cc
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NCOR SMF ~ T: \"'(:)<:.."'O. c..c..

FIiing fee EXEMPT per Government Code 6103 ¢
RESOLUTION NO. 23963

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA,

DESIGNATING THE SANDCLIFF GARDEN

APARTMENT HOMES CONDOMINIUMS AS
HISTORIC DISTRICT NO. 5 AND ADOPTING A
CLASS 31 CATEGORICAL EXEMPTION UNDER
CEQA FOR PROPERTY LOCATED AT 1800
BARONA ROAD (CASE HSPB 93/HD 5).

Title of Document

THIS AREA FOR

RECORDER'S

USE ONLY

THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Acldltlonal Recording Fee Applies)
Item 1H - Page 7
RESOLUTION NO. 23963

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, DESIGNATING THE

SANDCLIFF GARDEN APARTMENT HOMES
CONDOMINIUMS AS HISTORIC DISTRICT NO. 5 AND
ADOPTING A CLASS 31 CATEGORICAL EXEMPTION
UNDER CEQA FOR PROPERTY LOCATED AT 1800
BARONA ROAD (CASE HSPB 93/HD 5).

THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

A. Chapter 8.05 of the Palm Springs Municipal Code allows for the designation of historic sites and districts.

B. The Sandcliff Garden Apartment Homes Homeowners Association (SGAH) in conjunction with the Palm Springs Preservation Foundation (PSPF) filed an application with the City for historic district designation of the Sandcliff Garden Apartment Homes condominium complex pursuant to PSMC Chapter 8.05. The application included a historic resources report about the complex dated March 15, 2015.

C. In May 2015, members of the Historic Site Preservation Board (HSPB) conducted guided site inspections of the proposed historic district accompanied by City staff.

D. A significant number of unit owners within the Sandcliff Garden Apartment Homes (SGAH) condominium association have indicated their support of the proposed historic district designation.

E. A notice of a public hearing of the Historic Site Preservation Board of the City of Palm Springs to consider designation of the Sandcliff complex was issued in accordance with applicable law.

F. On May 12, 2015, the HSPB conducted a public hearing in accordance with applicable law to consider designation of the Sandcliff Garden Apartment Condominiums as a historic district and at said hearing voted to recommend that the City Council designate the Sandcliff Garden Apartment Condominiums (Case HSPB #93) as historic district #HD-5.

G. A notice of a public hearing of the City Council of the City of Palm Springs to consider historic district designation of the Sandcliff com lex was iss with applicable law. CERTIFIED COPY
I certify that this Is a true and correct copy of the document on file in the official records of the City of Palm Springs. 't-.~ ~ · \b. 'Qo\b
Chief Deputy City Clerk
This certification must appear In blue with an orlglnal signature.

Item 1H - Page 8
Resolution No. 23963

Page 2 ends

H. On February 3, 2016, the City Council conducted a public hearing in accordance with applicable law to consider historic district designation of the Sandcliff Garden Apartment Condominiums.

I. The proposed historic d:str!Gt designation is considered e projeci. pursuant to th~ terms of the California Environmental Quality Act (CEQA} and has been determined to be Categorically Exempt from further evaluation under CEQA as a Class 31 exemption (historic resources restoration / rehabilitation) pursuant to Section 15331 of the CEQA Guidelines.

J. Pursuant to Municipal Code Section 8.05.160, the City Council, in evaluating a historic district application, must find that the designation of the site or district supports or furthers the purpose of the historic preservation ordinance. As stated in Section

8.05.010, "Purpose and Authority" the Historic Preservation ordinance is " ... For the purpose of preserving areas and specific buildings of the city which reflect elements of its cultural, social, economic, political, architectural and archaeological history. This chapter is intended 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 specific buildings for the education and welfare of the citizens." The Sandcliff Garden Apartment Condominium complex (SGAC) reflect elements of the City's cultural and architectural history as explained in the defining criteria outlined below including being representative of a particular period in local history and embodying distinctive characteristics of a building type and architectural style. The proposed designation of the Sandcliff complex as a historic district is supported because it imbues aspects of the cultural, social, economic and architectural history and development of the City. It possesses a high-degree of integrity in terms of its ability to convey its historic significance in the context of the social and physical development of Palm Springs and the modern period of architecture for which Palm Springs is well known. Therefore the proposed historic district designation conforms to the required finding.

K. Pursuant to Municipal Code Chapter 8.05.020 ('Definitions'), in order for an area within the City to be considered for possible historic district designation, it must contain a number of structures, natural features or sites that possess " ... historic, architectural, archaeological, cultural or aesthetic significance.".

The City Council finds that the Sandcliff Garden Apartment Condominiums Historic District possesses a number of structures and features that possess historic, Item 1H - Page 9
Resolution No. 23963
Page3
architectural, cultural and aesthetic significance as defined in the following criteria outlined in PSMC 8.05.020:

Criteria #3. That reflects or exemplifies a particular period of the national. ste!s c.-Joclil hi:;tory;
The buildings within the proposed Sandcliff Historic District reflect the Modern Period in local architectural history; specifically the period of significance proposed is from the early 1950's to the late 1960's. It was during this period that the City of Palm Springs, in response to rapid population growth following World War 11, studied the inventory of housing types that existed in the city and began establishing more multi-family zoning designations in many of the open, undeveloped parts of the city. This in turn encouraged a greater variety of housing types, including garden style apartments to be developed.

The development of the garden apartments at Sandcliff are a response to the significant increases in growth in population that Palm Springs was experiencing after World War II and the shortage of high quality, affordable housing stock. As noted on page 10 of the historic resource report, from 1950 to 1956, the population in Palm Springs grew by an astonishing 60%. The City responded to this dramatic increase in population by creating more medium and high-density residential zones and in turn, developers responded by producing literally hundreds of garden style homes and multi family apartment and condominium complexes. The FHA began to insure mortgages on condominium developments in 1961, making the financing of "apartment homes" affordable and attractive to a growing number of families and individuals.

Criteria 4. That embodies the distinctive characteristics of a type, period or method of construction;
The buildings in the proposed Sandcliff Historic District reflect a low-cost approach to home construction. Stripped of ornament, high quality finishes, expensive details or lavish materials, the developers of the homes at Sandcliff focused their resources on providing technological features that were advanced for their time, and amenities such as built-in sound systems, built in-kitchen gadgets, contemporary appliances, air conditioning and sunken tubs.

Buyers in the early 1960's in Palm Springs were comparing features and value of the post-and-beam construction common in the housing tracts that the Alexander Construction Company began in the mid-1950's with the conventional "stick-built" frame construction of the Sandcliff homes; which were typically better insulated, offered larger kitchens with more gadgets, appliances and storage. Not only does the construction typology of Sandcliff reflect the market demand at that time for convenience and "state- Item 1H - Page 10
Resolution No. 23963
Page4
of-the-art" gadgetry, it is also reflective of the fiercely competitive nature of producing affordable housing. That which wasn't essential for convenience or comfort within the proposed units was stripped away, leaving the physical architecture of the buildings simple, clean, and uncluttered. During the period in which Sandcliff was built, modern architecture, with its "les~ is m,:>rG" mcuitra \i"v·as er.1braced i.~•-bo~li Jev~bpei·~ ~9eki'.·,g to maximize profits and home-buyers seeking to minimize the time and effort required for maintenance and upkeep.

L. The boundaries of the proposed historic district are Barona Road on the west, Sandcliff Road on the north and east, and Morongo Trail on the south.

M. The Sandcliff Garden Home Apartment Condominiums Historic District's period of significance is roughly from the early 1950's to the mid-1960's.

N. The context within which the Sandcliff Garden Home Apartment Condominiums Historic District is identified with the post-World War II growth of Palm Springs as a worldwide vacation and resort destination. The period following World War II saw increasing seasonal and permanent population in Palm Springs and from a 1950's report on the housing stock of the City it was determined that a shortage of affordable homes existed. Many areas in the City were re-zoned from low-density to medium and high-density residential zones to encourage an increase in production of different housing stock options.

0. Contributing, Non-Contributing, and Defining Historic Characteristics or Elements The physical character-defining features of this site include the following:

1. The strong horizontal roof planes of all buildings and structures on the site, emphasized by the thin fascia of the roof structure and deep patio overhangs, interspersed with simple rectilinear volumes of the kitchens which protrude above the roof fascia to provide visual balance to the overall composition.

2. Narrow natural-anodized aluminum-frame windows and sliding glass doors.

3. The variety of concrete screen block privacy walls at patios and terraces.

4. The lightly raked stucco accent panels above and below the kitchen windows.

The contributing elements of the complex are recommended as follows:

1. All residential structures within the Sandcliff complex are recommended to be designated as Contributing Structures and individually treated as Item 1H - Page 11
Resolution No. 23963

Page 5 ends

Class 1 historic structures pursuant to Section 8.05.125 of the Palm Springs Municipal Code.

2. The swimming pool and pool cabana structure are recommended for designation as Contributing Structures and treated as Class 1 historic struct .. ies.

The non-contributing elements are recommended as follows:

1. The driveways, carports and service areas along Sandcliff road.

2. The common area landscape.

3. Any new or modified privacy walls, canopies, shade trellises, surface mounted conduit, antenna, satellite dishes, floor tile at patios, screen doors of varying designs, steel picket gates of varying designs, vinyl replacement windows and doors.

P. Integrity. The factor of integrity, while not a requirement of the Municipal Code Findings, is a factor that is considered in applications made to the National Trust for Historic Places and in certain state historic designations. The report concludes that the buildings within the proposed Sandcliff historic district have undergone limited alterations and that most of the character-defining features survive. Thus, the sites within the district retain a high degree of historic integrity.

Q. The specific parcels proposed for inclusion in the Sandcliff Historic District are as follows:

Assessor Parcel Numbers 510-040-001 to 040 and the common lot-041

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA HEREBY RESOLVES:

Based upon the foregoing, the City Council hereby designates the Sandcliff Garden Apartment Condominiums located at 1800 South Barona Road and as bounded by Barona Road, East Sandcliff Drive, South Sandcliff Drive and, Morongo Trail , Palm Springs, California, as "HSPB #93, Historic District #HD-5."

1. The property owner shall permit the City to place a historic marker of the City's choosing at the site. The marker shall be placed in a location visible from the public right-of-way. The owner shall maintain the marker in the location installed and pay for the replacement cost if the plaque is lost, stolen, or otherwise removed from the property.

Item 1H - Page 12
Resolution No. 23963
Page6

2. All future modifications of the existing structures, as well as, any new buildings proposed on the site shall require HSPB review pursuant Municipal Code Ordinance 8.05.180.

4. That the City Clerk submits the Council Resolution to the County recorder for recordation within 90 days of the effective date of this resolution.

5. Any alterations or modifications to the exterior approved prior to the designation of this site by the City Council shall be considered legal, non-conforming only as to Section 8.05 of the Palm Springs Municipal Code.

ADOPTED THIS 3RD DAY OF FEBRUARY, 2016.

ATTEST:

Item 1H - Page 13
Resolution No. 23963

Page 7 ends

CERTIFICATION

STATE OF CALIFORNIA )
Cl")• 'NTY oc RI' 'F:Rc:.-•or: , ')~~ '-"''-' ' ' .v - ,..,. L- , -

CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Resolution No. 23963 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 the 3 rd
day of February, 2016 , by the following vote:

AYES:

NOES:

ABSENT :

ABSTAIN:

Councilmember Foat, Councilmember Kors, Councilmember Roberts , Mayor Pro Tern Mills, and Mayor Moon.

None.

None.
es Thompson , City Clerk
ity of Palm Springs, Califor~J, 4-/ zo 1 ~
Item 1H - Page 14

Attachment C

Item 1H - Page 15
Mr. Richard Bruno
Development Services
City of Palm Springs
3200 E Tahquitz Canyon Way
Palm Springs, CA 92264
August 16th, 2022
Dear Mr. Bruno,
We are homeowner 's of 1821 Sandcliff Road, Palm Springs, CA 92264. Our home is one of the structures within the Sandcliff Historic District. I am writing to request the city to initiate the Mills Act process with us and the Sandcliff Homeowners Association (HOA). Please feel free to contact me to collect the application fee. In the meantime, I have requested a letter from the HOA intending them to be co-signers on the Mills Act contract.

Sincernly, ~
~·
20 - -1216
18 Skagit Key
Bellevue, WA 98006
Item 1H - Page 16

Attachment D

Item 1H - Page 17

68950 Adelina Road
Cathedral City, CA 92234
Phone: (760) 325-9500
Fax: (760) 325-9300
Sandcliff Homeowners Association
Professionally Managed by:

August 17, 2022

To: City of Palm Springs

Re: Mills Act

To Whom It May Concern,

Sandcliff Owners Association supports the Mills Act Application for all of its members and 40 units, specifically 1821 Sandcliff Road, Palm Springs CA 92264. The association is committed to the preservation of the association’s historic design and architecture. The association understands that they will need to co-sign the contract in order for the owner to receive approval.

Sincerely,

David J. Schuknecht
On behalf of the
Sandcliff Owners Association
Board of Directors

The Coachella Valley; Community
.11a11ageme111 Company
Item 1H - Page 18

CITY COUNCIL STAFF REPORT
10/17/2022
APPROVE FUNDING IN THE AMOUNT OF $75,000 TO REFURBISH AND

RELOCATE PUBLIC ART SCULPTURES BUTCH, ITHIEL, AND SQUEEZE BY

ARTIST JOHN CLEMENT TO THE DEMUTH PARK ISLET
RECOMMENDATION:

Approve funding in the amount of $75,000 of Public Art Funds to refurbish and relocate three public art sculptures Butch, Ithiel, and Squeeze by artist John Clement.

1. Approve placement of the three public art sculptures Butch, Ithiel, and Squeeze by artist John Clement to the Demuth Park Islet.

2. Authorize the Interim City Manager to execute all necessary documents to facilitate refurbishing and relocating three public art sculptures Butch, Ithiel, and Squeeze by artist John Clement to the Demuth Park Islet.

3. Justin Clifton, City Manager
Attachments
Item 1I

CITY COUNCIL STAFF REPORT

DATE: O CTOBER 17, 2022 CONSENT CALENDAR

SUBJECT: APPROVE FUNDING IN THE AMOUNT OF $75,000 TO REFURBISH AND

RELOCATE PUBLIC ART SCULPTURES BUTCH, ITHIEL, AND

SQUEEZE BY ARTIST JOHN CLEMENT TO THE DEMUTH PARK ISLET

FROM: Teresa Gallavan, Interim City Manager

BY: Community & Economic Development Department

SUMMARY:

The Public Arts Commission recommends approval to utilize $75,000 in Public Arts Funds to refurbish and relocate three public art sculptures , Butch, Ithiel, and Squeeze (Sculptures) by John Clement to the Demuth Park islet.

RECOMMENDATION:

1. Approve funding in the amount of $75,000 of Public Art Funds to refurbish and relocate three public art sculptures Butch , Ithiel, and Squeeze by artist John Clement.

2. Approve placement of the three public art sculptures Butch , Ithiel, and Squeeze by artist John Clement to the Demuth Park Islet.

3. Authorize the Interim City Manager to execute all necessary documents to facilitate refurbishing and relocating three public art sculptures Butch , Ithiel, and Squeeze by artist John Clement to the Demuth Park Islet.

BACKGROUND:

On September 7, 2022, at a Special Public Arts Commission meeting, the Public Arts Commission voted unanimously to recommend using $75,000 of Public Arts Funds to refurbish and relocate three public art sculptures Butch, Ithiel, and Squeeze by artist John Clement. The cost of $75,000 is an estimate provided by Commissioners who estimate $25,000 to remove, transport, install, and refurbish each sculpture. A request for proposals (RFP) will be issued to solicit relocation, installation, and refurbishment services. Refurbishment and relocation of these pieces was not included in the recently approved contract with Signature Sculpture for art cleaning and maintenance.

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This proposal was also presented to the Parks and Recreation Commission at its September 26, 2022, meeting to discuss placement of the Artwork at the Demuth Park Islet. The Park and Recreation Commission approved placement of the Artwork at this location.

STAFF ANALYSIS:

The Sculptures have been a part of the Palm Springs landscape since 2007 when the City Council approved placing them at the following locations:

• Butch, the intersection of North Palm Canyon Drive and Via Lola.

• Ithiel, 777 East Tahquitz Canyon Way, Regal Cinemas property.

• Squeeze, 538 North Palm Canyon Drive, Palm Canyon Theatre (City owned property).

Sculpture images are provided in Attachment 1.

The Public Arts Commission has identified a potential new location for the Sculptures on the islet at Demuth Park – the median between the park roadway and parking lot, south of E. Mesquite Avenue as shown below.

As described in the attached statement from the Public Arts Commission ( Attachment 2):

Item 1I - Page 2
“The three pieces by John Clement are all heavily deteriorated and sadly in need of repair. There is rust appearing through the faded surface paint.

As the original intent of the artist was to have these three pieces displayed together, the Arts Commission felt that since we were investing in the repair of this art, we should also deliver on the artist’s original vision and reunite the trio in a new location: Demuth Park.”

At this time the Public Arts Commission is requesting the City Council approve funding in the amount of $75,000 in Public Art Funds to refurbish and relocate the Sculptures and approve placement of the Sculptures in Demuth Park.

The proposed site meets the site criteria under Section 3.37.080 (b) Art Site Acceptability which states:

“When selecting the location for art purchased through the public arts fund, preference shall be given to publicly accessible public places. This would include libraries, parks, office buildings, sidewalks, traffic islands, etc.

Lobbies, plazas, adjacent open spaces , or exterior treatment of publicly owned buildings shall be potential sites, but the offices themselves of publicly owned buildings shall not be considered acceptable sites.”

Public Art Commissioners have also prepared a mockup (below) of what the Sculptures may look like at this location.

Item 1I - Page 3
ENVIRONMENTAL ASSESSMENT:

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA.

In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15304 "Minor Alterations to Land," Class 4 projects consist of "minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes" and approval of this item is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

Section 2.24.050 of the Palm Springs Municipal Code requires the Public Arts Commission to, “Be responsible for a Palm Springs public arts program including policies and guidelines, oversight of development of art projects and maintenance of art collection.”

FISCAL IMPACT:

Approval of this action will require expenditure of $75,000 of Public Arts Funds. There are sufficient resources in the Public Arts Fund Contractual Services account (1502550 40105) to cover the proposed expenditure.

REVIEWED BY:

Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
Acting City Manager: Jeremy Hammond

ATTACHMENTS:

1) Sculpture Images
2) Public Arts Commission Statement

Item 1I - Page 4
AT
TACHMENT 1

SCULPTURE IMAGES

Butch (Red)
John Clement
Via Lola and Palm Canyon

Length 9 feet, 2 inches
Width 8 feet, 10 inches
Height 11 feet

Squeeze (Yellow)
John Clement
Palm Canyon Theatre

538 N. Palm Canyon Drive

Length 13 feet, 8 inches
Width 12 feet, 8 inches
Height 8 feet, 7 inches
Item 1I - Page 5

Ithiel (Orange)
John Clement
Regal Cinemas
777 E. Tahquitz Canyon Way

Length 9 feet, 0 inches
Width 8 feet, 0 inches
Height 8 feet, 9 inches

Item 1I - Page 6
AT
TACHMENT 2

PUBLIC ARTS COMMISSION STATEMENT

Item 1I - Page 7
Statement from the Palm Springs Public Arts
Commission
As stated at the recent joint commission meeting, a long term strategic goal of the Public Arts Commission is to give our existing collection some love and attention.

Many, if not most of the pieces, are in need of immediate repair and refurbishing, however a fair amount of the pieces also need re-siting.

In certain locations, art is being damaged through elemental exposure, or situational side eﬀects (irrigation overspray, traﬃc interaction, infrastructure clutter since original placement).

A secondary goal is to ensure that the pieces are positioned in a way for proper documentation. We live in the “Age of Instagram.” The more we can ensure that every piece of art is beautifully framed, the more inviting it will be for residents and visitors to engage with, and document the piece, to ultimately display on their social media footprint. Every person who posts then becomes an ambassador for the beauty of Palm Springs.

John Clement Sculpture Trio: Ethiel, Squeeze, Butch.

The three pieces by John Clement are all heavily deteriorated and sadly in need of repair. There is rust appearing through the faded surface paint. As the original intent of the artist was to have these three pieces displayed together, the Arts Commission felt that since we were investing in the repair of this art, we should also deliver on the artist’s original vision and reunite the trio in a new location: Demuth Park.

Before choosing Demuth Park, we visited every city park and ultimately decided on Demuth for several reasons:
-it had the wide open space to allow these pieces to visually “breath” and not add to a cluttered feel due to a limited footprint.
-the primary colors and playful shapes seemed at home in a park which is deﬁned by family activities.
-there is a lack of strong winds and blowing sand which would ‘sandblast’ the newly painted artwork.
-it will give a growing neighborhood a creative foundation and attention.

We choose this speciﬁc location within the park as the artwork will be immediately visible from Mesquite, and also visible from the upcoming CVLink. Its also important that this location has a deﬁned footprint and the newly installed pieces won’t interfere with existing activities.

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An added advantage is that with the mountains and palm trees behind it, it will photograph with a beautiful Palm Springs vista as its background.

Sunsets will be exquisite.

Lastly, a major beneﬁt of highly visible public art is that it deﬁnes its location. A large, brightly colored dynamic piece of art will welcome everyone to Demuth Park.

Note: the locations where the pieces are currently are as follows -Ethiel (orange) Regal Cinemas. Private property and we currently have no plans to replace the art.

-Squeeze (yellow) Art Center in Frances Stevens Park. There is a plan to renovate the landscaping here; we will work with the Parks Commission to choose a new piece of art as that project develops.
-Butch (red) Ernest Coﬀee, Palm Canyon/via Lola. We will replace that art with another creation, either from our existing collection or a new purchase.

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CITY COUNCIL STAFF REPORT
10/17/2022

SECOND READING AND ADOPTION OF AN ORDINANCE ADJUSTING CITY

COUNCIL AND MAYORAL SALARIES
RECOMMENDATION: Conduct a second reading (Adoption) of an ordinance entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.04.020 AND 2.04.021, AND ADDING A NEW SECTION

2.04.022, OF THE PALM SPRINGS MUNICIPAL CODE, MODIFYING COMPENSATION FOR THE MAYOR AND MEMBERS OF THE CITY COUNCIL.” Justin Clifton, City Manager
Attachments
Item 1J

CITY COUNCIL STAFF REPORT

DATE: OCTOBER 17, 2022 CONSENT CALENDAR

SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE ADJUSTING

CITY COUNCIL AND MAYORAL SALARIES

FROM: Teresa Gallavan, Interim City Manager

BY: Jeffrey S. Ballinger, City Attorney

SUMMARY:

This agenda item is a second reading of the ordinance that was introduced, with revisions, at the September 29, 2022 City Council meeting.

RECOMMENDATION:

Conduct a second reading (Adoption) of an ordinance entitled,

“AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTIONS 2.04.020 AND 2.04.021, AND ADDING A NEW SECTION 2.04.022, OF THE PALM SPRINGS MUNICIPAL CODE,

MODIFYING COMPENSATION FOR THE MAYOR AND MEMBERS OF
THE CITY COUNCIL.”

BACKGROUND:

In 2018, the City Council created a California Voting Rights Act (CVRA) Working Group.

The Working Group was tasked with advising City Council on transitioning to district - based City Council elections and other changes to policies and practices meant to better align with the CVRA. One of the areas the Working Group was tasked was to identify ways to reduce barriers to running for City Council and working on City Council.

The Working Group made several recommendations to reduce barriers including:

• Increase the salary of City Council Members to better reflect workload and enable residents to reduce their reliance on other full-time or part-time work while serving on City Council.

Item 1J - Page 1
• Provide adequate staffing to alleviate some of the burden on Council Member’s time. Personal Assistants or shared Legislative Analysts are examples of positions that could reduce the workload of Council Members.
• Provide a vehicle stipend/ allowance to help compensate Council Members for wear/ tear and other costs associated with using their own vehicles to travel to places to conduct City business.
• Provide childcare through existing service providers or at City Hall with subsidized rates. This could also provide service to City Staff.

At the July 12, 2022, Regular City Council Meeting, Council identified short and long-term goals for reducing barriers to running for and working on City Council.

For short -term changes, Council directed Staff to analyze an adjustment to Council Member compensation, considering increases to Consumer Price Indexes , and to analyze options for a vehicle stipend. Council also directed Staff to consider the potential to add additional staff as a means of reducing the workload to Council Members so they could more easily balance the commitment to serve on City Council with needs to work or provide family care. For long-term changes, Council expressed interest in providing childcare to Council Members and potentially staff.

At the September 1, 2022 City Council meeting, the City Council discussed these issues and directed City staff to bring back options regarding adjusting City Council salaries as well as an automobile stipend/ allowance. This agenda item provides an opportunity for the Council to consider adoption of the salary ordinance, with the auto al lowance resolution having been adopted on September 29, 2022. City staff will continue to investigate the remaining issues, such as additional staff, childcare, and a contingency fund policy.

STAFF ANALYSIS:

The City’s Charter provides that the City Council may, by ordinance, establish and adjust the compensation received by the Council (including an additional amount for the Mayor). (Palm Springs Charter, § 304.) The City’s Municipal Code currently contains two (2) sections dealing with City Council and Mayoral compensation, Palm Springs Municipal Code sections 2.04.020 and 2.04.021.

In accordance with the discussion that occurred at the September 1, 2022 City Council meeting, the City Attorney has drafted a proposed ordinance that would amend these two existing code sections.

More specifically, as discussed at the September 1 Council meeting, City S taff analyzed City Council salaries from the perspective of changes to CPI since the last time salaries were adjusted in 2007. Based on that adjustment, the current Councilmember compensation would be $41,600 per year, or $3,467 per month.

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As further directed by the Council on September 1, the proposed ordinance also contains a separate salary for the Councilmember while serving as Mayor, as authorized by the City Charter. The proposed differential is set at twenty percent (20%). Based on a City Councilmember salary of $3,467 per month, a 20% differential would equate to an additional $693 per month, for a total of $4,160 per month (or $49,924 per year.)

Below is the language for the proposed ordinance amendments regarding salaries:

“2.04.020 Compensation of City Councilmembers.

“2.04.021 Compensation for Mayor.

The mayor shall receive a salary of Four Thousand One Hundred and Sixty Dollars ($4,160) per month for each full month in office, or pro rata portion thereof for a partial month in office.”

At the September 29, 2022 City Council meeting, the City Council further considered possible provisions for future adjustments to the salary and revised the ordinance to provide that future increases can be made by future City Councils based on a majority vote (i.e., without an additional ordinance adoption/revision). The accompanying ordinance contains such a provision. The proposed language reads,

“2.04.022 Annual Adjustments.

Prior to or as part of the annual budget adoption, the amounts set forth in Sections 2.04.020 and 2.04.022 may be adjusted by an affirmative vote of the City Council, without the need for an additional ordinance or ordinance amendment.”

As mentioned in the September 1st and 29th staff reports, the City Charter allows updated compensation to be applied to all Councilmembers following a municipal election. As modified at the September 29th Council meeting, the accompanying ordinance provides that it applies to all Councilmembers following the November 8, 2022 elections, including any returning Councilmembers.

ALIGNMENT WITH STRATEGIC PLANNING:

This item is consistent with Council’s Strategic Priority under the Good Governance Section. Specifically, this staff report addressed item 4C – Reduce Barriers to Participation.

Item 1J - Page 3
FISCAL IMPACT:

Fiscal impact is dependent on Council direction. An increase in Council member compensation would require a budget appropriation, which Staff would bring back to Council for approval at a future meeting.

REVIEWED BY:

City Attorney: Jeffrey S. Ballinger
Acting City Manager: Jeremy Hammond

ATTACHMENTS:

1. Proposed Ordinance re Council Salary

Item 1J - Page 4

ATTACHMENT 1
Item 1J - Page 5
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY OF PALM SPRINGS ,
CALIFORNIA, AMENDING SECTIONS 2.04.020 AND

2.04.021, AND ADDING A NEW SECTION 2.04.022, OF

THE PALM SPRINGS MUNICIPAL CODE, MODIFYING

COMPENSATION FOR THE MAYOR AND MEMBERS OF

THE CITY COUNCIL
City Attorney’s Summary
Section 304 of the City Charter provides that the City Council establishes its salary by ordinance. The City Council
ordinance adjusting salaries was last updated in 2007. This ordinance provides an update to the compensation paid to Councilmembers, including the Mayor, of the City of Palm Springs.

WHEREAS, pursuant to California Constitution Article, XI, section 5, the City of Palm Springs has plenary power to provide for the compensation of the City’s municipal officers, including that of the City Councilmembers; and WHEREAS, pursuant to said authority, the voters of the City of Palm Springs have adopted Section 304 of the City of Palm Springs Charter, which provides that the members of the City C ouncil shall receive such compensation for their services as may be established by ordinance and that the M ayor may receive compensation in addition to any compensation received as a member of City Council; and WHEREAS, pursuant to Section 304 of the City of Palm Springs City Charter, the City Council desires to update the compensation of the City Council, including the Mayor.

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

SECTION 1. Section 2.04.020 of the Palm Springs Municipal Code is hereby amended to read as follows:
“2.04.020
Compensation of City Councilmembers.

Each member of the City Council shall receive a salary of Three Thousand Four Hundred and Sixty-Seven D ollars ($3,467) per month for each full month in office, or pro rata portion thereof for a partial month in office.” SECTION 2. Section 2.04.021 of the Palm Springs Municipal Code is hereby amended to read as follows:

Item 1J - Page 6
“2.04.021 Compensation for Mayor.

The mayor shall receive a salary Four Thousand One Hundred and Sixty Dollars ($4,160) per month for each full month in office, or pro rata portion thereof for a partial month in office.”

SECTION 3. A new Section 2.04.022 of the Palm Springs Municipal Code is hereby added to read as follows:

“2.04.022 Annual Adjustments.

SECTION 4. If any provision, clause, sentence, or paragraph of this ordinance, or the application thereof to any provision or circumstances, shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance that can be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are hereby declared to be severable.

SECTION 5. This Ordinance shall be in full force and effect thirty (30) days after adoption. However, pursuant to Palm Springs City Charter Section 304, the increase in the members of the City Council and of the Mayor’s compensation as provided herein shall not take effect until after the City Council declares the result of the November 8, 2022 General Municipal Election.

PASSED, APPROVED, AND ADO PTED BY THE PALM SPRINGS CITY COUNCIL THIS 17TH DAY OF OCTOBER, 2022.

LISA MIDDLETON
MAYOR

ATTEST:

BRENDA PREE

CITY CLERK

Item 1J - Page 7

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, BRENDA PREE, City Clerk of th e 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 September 29, 2022 and adopted at a regular meeting of the City Council held on October 17, 2022 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 ______________, 2022.

BRENDA PREE

CITY CLERK
Item 1J - Page 8

CITY COUNCIL STAFF REPORT
10/17/2022

REQUEST FOR AMENDMENTS TO PALM SPRINGS MUNICIPAL CODE SECTION

9.62.055 AND PALM SPRINGS ZONING CODE SECTION 93.23.21 RELATIVE TO

THE DEVELOPMENT STANDARDS FOR URBAN LOT SPLITS AND TWO-UNIT RESIDENTIAL DEVELOPMENTS (CASE 5.1548 ZTA)
RECOMMENDATION:

Waive the reading of the ordinance text in its entirety and read by title only.1.

Introduce on first reading an Ordinance entitled, “AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 9.62 OF THE PALM SPRINGS MUNICIPAL CODE AND CHAPTER

93.00 OF THE PALM SPRINGS ZONING CODE RELATING TO URBAN LOT

SPLITS AND TWO-UNIT PROJECTS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.”

2. Justin Clifton, City Manager
Attachments
Item 2A

CITY COUNCIL STAFF REPORT

DATE: OCTOBER 17, 2022 PUBLIC HEARING

SUBJECT: REQUEST FOR AMENDMENTS TO PALM SPRINGS MUNICIPAL CODE SECTION 9.62.055 AND PALM SPRINGS ZONING CODE SECTION

93.23.21 RELATIVE TO THE DEVELOPMENT STANDARDS FOR URBAN

LOT SPLITS AND TWO -UNIT RESIDENTIAL DEVELOPMENTS (CASE

5.1548 ZTA)

FROM: Teresa Gallavan, Interim City Manager

BY: Flinn Fagg, Deputy City Manager

SUMMARY:

This is a request for approval of proposed amendments to the development standards for urban lot splits and two-unit developments in accordance with the requirements of Senate Bill 9 (SB 9). A subcommittee of the Planning Commission (Hirschbein, Miller, M oruzzi) worked with staff to review modifications to the SB 9 development standards pursuant to guidance provided by the City Council. The recommendations of the subcommittee were presented to the Planning Commission at a study session in July 2022, and subsequently recommended for approval at a public hearing by the Planning Commission on September 28, 2022.

RECOMMENDATION:

1. Waive the reading of the ordinance text in its entirety and read by title only; and

2. Introduce on first reading Ordinance No. ____, “AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 9.62 OF THE PALM SPRINGS MUNICIPAL CODE AND CHAPTER

93.00 OF THE PALM SPRINGS ZONING CODE RELATING TO URBAN LOT

SPLITS AND TWO -UNIT PROJECTS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.”

BACKGROUND:

Related Relevant City Actions
12/15/21 The Planning Commission held a study session to review information relative to SB 9 and discuss implementation.
===~===-I I
Item 2A - Page 1
Related Relevant City Actions
01/13/22
The City Council adopted Urgency Ordinance No. 2057, establishing interim standards for the approval of urban lot splits and two- unit residential development.
01/26/22
The Planning Commission recommended approval of a regular ordinance to permanently adopt standards for the approval of urban lot splits and two-unit residential development.
01/27/22
The City Council adopted Ordinance No. 2058, establishing permanent standards for urban lot splits and two-unit residential development. As part of the approval, the City Council modified the maximum unit size from 800 square feet to 1,000 square feet and recommended that the Planning Commission study the ordinance further and come back to City Council with recommendations on modifications that would make the ordinance more effective for the development of affordable housing.

March – July
2022
The Planning Commission subcommittee (Hirschbein, Miller, Moruzzi) met four times to review the ordinance, study proposed revisions, and finalize recommendations for the Planning Commission to consider. 07/27/22
The Planning Commission held a study session to discuss the recommendations of the subcommittee and provided direction to staff.

No formal action was taken on the matter.
09/28/22
The Planning Commission finalized their recommendations at a public hearing and voted 5 to 0 to recommend approval of the amendments to the City Council.

SB 9 was signed into law by Governor Newsom on September 16, 2021 and became effective on January 1, 2022. The bill allows urban lot splits and two- unit housing developments within single- family residential zones to be approved administratively by staff, without discretionary review or public hearing. The City of Palm Springs adopted an urgency ordinance to implement SB 9 on January 13, 2022 and followed up with the adoption of a regular ordinance on January 27, 2022.

The SB 9 ordinance as adopted by the City was limited in its scope and was intended to implement the re quirements of state law relative to urban lot splits and two- unit development while offering certain protections to maintain neighborhood character. In adopting the ordinance, the City Council requested that the Planning Commission study the ordinance further and propose modifications that would make the ordinance more effective for the development of affordable housing. State law allows local jurisdictions limited discretion in adopting objective development and architectural standards that may address local development patterns and characteristics, provided such amendments do not preclude the development of two residential units on a single-family parcel or prevent the units from being at least 800 square feet in area.

Item 2A - Page 2
STAFF ANALYSIS:

As directed by the City Council, the Planning Commission established a subcommittee (Hirschbein, Miller, Moruzzi) in January 2022 to work with staff in reviewing and proposing amendments to the SB 9 ordinance that would encourage the development of affordable housing while protecting neighborhood character. The subcommittee met four times between March 2022 and July 2022 and reviewed state law and the City’s current ordinance, evaluated SB 9 ordinances adopted by other California jurisdictions, reviewed research on the effect of SB 9 regulations, and considered public input. Meetings of the subcommittee were noticed in accordance with the Brown Act, and members of the public were invited to attend and offer input.

Based on the recommendations of the subcommittee, staff prepared a draft ordinance incorporating modifications to the current SB 9 regulations. The Planning Commission reviewed the draft ordinance at a study session in July 2022 and finalized their review at a public hearing on September 28, 2022. A list of the proposed modifications is included below; additional information on each of the proposed modifications, including the rationale for each change, is included as Attachment A to this staff report. The proposed changes include the following:

• Allow an access easement in addition to a “flag lot” configuration to provide access to lots created as part of the urban lot split process. • Modify the 1,000 square foot unit size limitation to allow for adequate square footage for family dwellings (see additional discussion in the following paragraph). • Modify the limitation on the expansion of any existing dwelling to allow expansions as dictated by lot coverage and setback requirements.
• P rohibit second- floor balconies (in addition to the prohibition on roof decks) to preserve privacy.
• Revise the front yard setback requirements to allow for swimming pools in front yard areas as is currently allowed for all other single-family development. • A llow flexibility in the 25-foot front yard setback requirement if abutting properties have a lesser setback.
• Allow tandem parking configurations, either in a garage, carport, or surface parking area.
• Limit the number of driveways/curb cuts for urban lot splits to preserve the character of residential neighborhoods.
• Eliminate the requirement for architectural consistency where new dwellings will not be visible from public rights-of-way.
• Revise the privacy standards for windows and doors in side and rear yard areas to require fencing or landscape screening to prevent direct views to abutting properties.
• Restrict the width of garage doors as a percentage of the overall façade width when visible from public rights-of-way.
• Minimum required plant sizes modified as part of landscaping and privacy Item 2A - Page 3
requirements.
• Allow for zero -lot line configurations on the resulting lots of an urban lot split to provide additional usable open space and additional separation from structures on abutting lots.

One of the issues that was debated at length by both the subcommittee and the Planning Commission was relative to the maximum unit size permitted under the ordinance. The current ordinance adopted by the City Council allows for a maximum unit size of 1,000 square feet for any primary unit. The subcommittee discussed the square footage that would be necessary for housing units to accommodate families and determined that the limitation should be increased to allow for the development of three- bedroom units at a minimum. This standard was reviewed by the Planning Commission at the July study session and the September public hearing, and it was ultimately determined that the limitation should be 1,500 square feet for the initial unit developed on lots created under the ordinance, and 1,000 square feet maximum for the second unit developed on the lot.

The draft ordinance for consideration by the City Council includes this final recommendation.

ENVIRONMENTAL ASSESSMENT
:

Under California Government Code sections 65852.21, subdivision (j), and 66411.7, subdivision (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot splits and two- unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9.

In addition to being statutorily exempt from CEQA, the proposed ordinance is also categorically exempt from CEQA under the Class 15 exemption set forth in State CEQA Guidelines section 15315. The Class 15 exemption categorically exempts from CEQA, among other things, the division of property in urbanized areas zoned for residential use into four or fewer parcels. Here, the ordinance is categorically exempt under Class 15 exemption because the ordinance regulates a single urban lot split of one parcel into two separate lots between 60 percent and 40 percent of the original lot area in a residential zone. Further, the proposed ordinance is also categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines section 15303. The Clas s 3 exemption categorically exempts from CEQA, among other things, the construction and location of new, small structures and the conversion of existing small structures from one use to another. Section 15303 specifically lists the construction of a second dwelling unit in a residential zone and a duplex or similar multi -family residential structure totaling no more than four dwelling units as examples of activity that expressly falls within this exemption. Here, the ordinance is categorically exempt under the Class 3 exemption because the ordinance regulates the construction of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling Item 2A - Page 4
unit, in a residential zone. Moreover, the City Council finds that none of the “exceptions” to the use of the Class 3 exemption, set forth in State CEQA Guidelines section 15300.2, apply here. Specifically, the City Council finds that the ordinance will:

(1) Not result in a potentially significant cumulative impact as the development allowable under this ordinance will only be established in developed areas where environmental analysis and assessment has occurred, and the scope of allowable development will not result in impacts that significantly exceed that of the existing development.

(2) Not result in a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances as the development allowable under this ordinance will only be permitted in developed areas and poses no impacts that differ from existing development.

(3) Not result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway as the development allowable under this ordinance is not permitted in areas with scenic area overlay protections as identified in the General Plan and Zoning Code.

(4) Not be located on a hazardous waste site included on any l ist compiled pursuant to § 65962.5 of the Government Code as no areas eligible for the development allowable under this ordinance are located on a listed hazardous waste site.

(5) Not result in a substantial adverse change in the significance of a historical resource as alterations to historic resources are governed by the procedures listed in Chapter 8.05 of the Palm Springs Municipal Code and are subject to review and approval by the Historic Preservation Officer and/or the Historic Site Preservation Board.

Each of the foregoing exemptions is asserted in the alternative and each is independently sufficient to fully exempt the whole of the project.

ALIGNMENT WITH STRATEGIC PLANNING:

While this proposed ordinance does not directly align with any specific City Council priorities, it assists in implementing the goals and policies of the Housing Element of the City of Palm Springs General Plan, which is listed as an action item under the priority of Community Infrastructure (3C).

Item 2A - Page 5
REVIEWED BY:

Deputy City Manager: Flinn Fagg
Acting City Manager: Jeremy Hammond

ATTACHMENTS:

A. Summary of Proposed Changes – Table
B. Proposed Ordinance – Strikeout/Underline Format
C. Public Correspondence Letters

Item 2A - Page 6

ATTACHMENT A

Item 2A - Page 7
Summary of Proposed Changes: SB 9 Ordinance Amendment

Section 9.62.055
Urban Lot Splits
Section 93.23.21
Two-Unit Projects Change in Text Justification

9.62.055(E)(9)
Lot Access N/A
Lot access requirements modified to
allow for driveway easement instead of
requiring direct frontage on a public
right-of-way.

Allowing for an easement instead of a
“flag-lot” configuration will provide
greater flexibility in lot configuration
and application of setback
requirements.

9.62.055(E)(10)(b)(1)
Unit Size

93.23.21(E)(6)(b)(1)
Unit Size
Maximum unit size increased from
1,000 SF to 1,500 SF for the primary
unit; secondary unit limited to 1,000
SF.

Removing the 1,000 SF limitation for
the primary dwelling will allow for
larger unit sizes to accommodate
families.

9.62.055(E)(10)(b)(2) &
(3)
Unit Size – Existing
Dwelling

93.23.21(E)(6)(b)(2) &
(3)
Unit Size – Existing
Dwelling
Restrictions on the expansion of the
existing primary dwelling unit
eliminated; expansion subject to lot
coverage and setback requirements
only.

Removing the restriction on expansion
of the existing primary dwelling unit will
provide greater flexibility in the
application of SB9 standards.

9.62.055(E)(10)(c)(3)
Height Restrictions

93.23.21(E)(6)(c)
Height Restrictions
Prohibition on second-floor balconies
added.

In addition to prohibiting roof decks,
prohibition of second-floor balconies
will protect privacy of adjacent lots.

9.62.055(E)(10)(e)(3)(iii)
Front Setback Area

93.23.21(E)(6)(f)(3)(ii)
Front Setback Area
Requirement for landscape architect to
prepare landscape plans revised to
allow for landscape designers to also
prepare plans.

The City does not currently
requirement landscape architects to
prepare landscape plans; this is
consistent with current City
requirements and consistent with the
Drought-Tolerant Landscape
Ordinance.

9.62.055(E)(10)(e)(3)(iv)
Front Setback Area

93.23.21(E)(6)(f)(4)
Front Setback Area
Language added to allow the 25’ front
setback to be reduced to the average
setback if the dwellings on the
adjacent lots have a setback of less
than 25’.

Several developments and the R-1-E
zone district may have houses with
setbacks of less than 25’; this change
will assist in providing a consistent
setback in residential neighborhoods.

Item 2A - Page 8
Section 9.62.055
Urban Lot Splits
Section 93.23.21
Two-Unit Projects Change in Text Justification

9.62.055(E)(10)(e)(3)(v)
Front Setback Area

93.23.21(E)(6)(f)(5)
Front Setback Area
Language added to allow swimming
pools in the front yard setback area;
the front yard landscape requirement
may be reduced to account for the
area occupied by a swimming pool.

Allowing swimming pools in the front
yard setback area is consistent with
zoning requirements for all single-
family zone districts.

9.62.055(E)(10)(f)
Parking

93.23.21(E)(6)(g)(2)
Parking
Language added to allow for the use of
tandem parking spaces.

The use of tandem spaces will allow
greater flexibility in the design of
parking on smaller lot sizes.

9.62.055(E)(10)(g)
Driveways

93.23.21(E)(6)(h)
Driveways
Standards for driveways added to limit
the number of curb cuts, restrict
driveway width, and prohibit bay
parking spaces.

Driveway standards will assist in
maintaining the character of single-
family neighborhoods while providing
adequate vehicular access to new lots
created under the SB9 ordinance.

9.62.055(E)(10)(h)(1)
Architecture

93.23.21(E)(6)(i)(1)
Architecture
Requirement for new dwellings to be
architecturally consistent with existing
dwellings eliminated to only apply to
dwellings that are visible from a public
right-of-way.

Elimination of the requirement that all
new dwellings be consistent with
existing dwellings will allow for greater
architectural creativity.

9.62.055(E)(10)(h)(5)
Windows/Doors

93.23.21(E)(6)(i)(5)
Windows/Doors
Requirement that any window/door
within 30’ of a side or rear property line
be a clerestory window or utilize
frosted glass eliminated.

The ordinance already requires that
any window/door with a direct line of
sight to an adjacent property must be
properly screened with fencing and/or
landscaping; this language is adequate
to protect privacy of adjacent lots.

9.62.055(E)(10)(h)(6)
Garage Doors

93.23.21(E)(6)(i)(6)
Garage Doors
Language added to restrict the width of
garage doors to no more than 50% of
the overall façade width where visible
from a public right-of-way.

Garages and garage doors can
overwhelm an elevation on narrow
houses; this requirement will assist in
protecting architectural character,
making the dwelling space more
prominent than the garage.

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Section 9.62.055
Urban Lot Splits
Section 93.23.21
Two-Unit Projects Change in Text Justification

9.62.055(E)(10)(i)(1)
Landscaping

93.23.21(E)(6)(j)(1)
Landscaping
Requirement for minimum 15-gallon
plant size modified to allow for the use
of 5-gallon plant sizes; a minimum of 2
drought-tolerant trees required per lot.

The cost of 15-gallon plant sizes would
be burdensome based on the number
of plants required by the ordinance;
privacy screening addressed in other
sections of the ordinance.

9.62.055(E)(10)(i)(2)
Landscaping

93.23.21(E)(6)(j)(2)
Landscaping
Requirement for minimum 6-foot high
plants upon installation clarified to only
require 6-foot height when utilized for
privacy screening.

The cost of 6-foot high plants would be
burdensome based on the number of
plants required; 6-foot high landscape
materials are primarily beneficial in
areas where privacy screening is
needed.

9.62.055(E)(11) N/A
Language added to allow for zero-lot
line development on the resulting lots
created by an urban lot split.

Zero-lot line configurations will allow
for more generous side yards on
narrow lots and provide for usable
open space for residents.

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ATTACHMENT B

Item 2A - Page 11
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, AMENDING SECTION

9.62.055 OF THE PALM SPRINGS MUNICIPAL CODE AND
SECTION 93.23.21 OF THE PALM SPRINGS ZONING

CODE RELATING TO URBAN LOT SPLITS AND TWO-UNIT

PROJECTS AND DETERMINING THE ORDINANCE TO BE
EXEMPT FROM CEQA.

City Attorney’s Summary
This Ordinance amends the Palm Springs Municipal Code
and the Palm Springs Zoning Code to ado pt revised
development standards for urban lot splits and two- unit developments in single-family residential zones in accordance with Senate Bill 9. The revised standards are intended to better assist in the development of affordable and workforce housing units.

THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

A. The City of Palm Springs is a charter city organized pursuant to Article XI of the California Constitution and pursuant to the authority granted the City by Sections 5 and 7 of Article XI, the City has the power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs not in conflict with general laws and its own charter. Such police powers include without limitation the ability to adopt comprehensive zoning regulations and regulations upon the use of land and property within the City; and

B. In 2021, the California Legislature approved, and the Governor signed into law Senate Bill 9 (“SB 9”), which, among other things, adds Government Code Section 65852.21 and 66411.7 to impose new limits on local authority to regulate urban lot splits and two-units projects; and

C. SB 9 allows local agencies to adopt objective design, development, and subdivision standards for urban lot splits and two-unit projects; and

D. The City desires to amend its local regulatory scheme to encourage urban lot splits and two-unit projects by removing barriers to such development in accordance with Government Code Sections 66411.7 and 65852.21; and

E. Pursuant to the Charter of the City of Palm Springs and Section 94.07.01 of the Palm Springs Zoning Code (PSZC), the City Council is authorized to initiate proceedings and recommend amendments to the Municipal Code and Zoning Code; and

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F. On September 28, 2022, the Planning Commission conducted a duly noticed public hearing to consider Case No. 5.1548 ZTA, an ordinance amending the Zoning Code to revise certain development standards related to urban lot splits and two- unit projects, and by a 5 to 0 vote, approved Resolution #XXXX recommending approval of a Zoning Text Amendment to the City Council; and

G. Notice of a public hearing of the City Council of the City of Palm Springs to consider amendments to the Municipal Code was given in accordance with applicable law; and

H. On October 17, 2022, a duly noticed public hearing on the proposed Municipal Code Amendment was held by the City C ouncil in accordance with applicable law where, by a ___ to ___ vote, the City Council adopted the Municipal Code amendment; and

I. Under California Government Code sections 65852.21, subdivision (j), and 66411.7, subdivision (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9.

In addition to being statutorily exempt from CEQA, the proposed ordinance is also categorically exempt from CEQA under the Class 15 exemption set forth in State CEQA Guidelines section 15315. The Class 15 exemption categorically exempts from CEQA, among other things, the division of property in urbanized areas zoned for residential use into four or fewer parcels. Here, the ordinance is categorically exempt under Class 15 exemption because the ordinance regulates a single urban lot split of one parcel into two separate lots between 60 percent and 40 percent of the original lot area in a residential zone. Further, the proposed ordinance is also categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts from CEQA, among other things, the construction and location of new, small structures and the conversion of existing small structures from one use to another. Section 15303 specifically lists the construction of a second dwelling unit in a residential zone and a duplex or similar multi -family residential structure totaling no more than four dwelling units as examples of activity that expressly falls within this exemption. Here, the ordinance is categorically exempt under the Class 3 exemption because the ordinance regulates the construction of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit, in a residential zone. Moreover, the City Council finds that none of the “exceptions” to the use of the Class 3 exemption, set forth in State CEQA Guidelines section 15300.2, apply here. Specifically, the City Council finds that the ordinance will:

Item 2A - Page 13
(1) Not result in a potentially significant cumulative impact as the development allowable under this ordinance will only be established in developed areas where environmental analysis and assessment has occurred, and the scope of allowable development will not result in impacts that significantly exceed that of the existing development;

(4) Not be located on a hazardous waste site included on any list compiled pursuant to § 65962.5 of the Government Code as no areas eligible for the development allowable under this ordinance are located on a listed hazardous waste site; or

Each of the foregoing exemptions is asserted in the alternative and each is independently sufficient to fully exempt the whole of the project.

K. The City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Zoning Text Amendment, including, but not limited to, the staff report, and all written and oral testimony presented; and

L. The City Council finds that approval of the proposed Zoning T ext Amendment would:

1. Implement the requirements of Senate Bill 9 by adopting standards and procedures relative to urban lot splits and two- unit development in single- family residential zone districts that are consistent with state law.

2. Implement the goals and policies of the Housing Element of the City of Palm Springs General Plan by increasing options for the development of new Item 2A - Page 14
housing units that are affordable for residents with incomes that are at or below the area median income.

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

SECTION 1. That the findings and determinations reflected abo e are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Ordinance.

SECTION 2. That Section 9.62.055 of the Palm Springs Municipal Code shall be amended as follows:

Section 9.62.055 Urban Lot Splits

A. Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code
section 66411.7.

B. Definition. An “urban lot split” means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.

C. Application.

1. Only individual property owners may apply for an urban lot split. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by
Rev. & Tax
Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).

2. An application for an urban lot split must be submitted on the city’s approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

3. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law.

The city council may establish and change the fee by resolution. The fee must be paid with the application.

D. Approval.

1. An application for a parcel map for an urban lot split is approved or denied Item 2A - Page 15
ministerially, by the Director, without discretionary review.

2. A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires three months after approval.

3. The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

4. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.

E. Requirements. An urban lot split must satisfy each of the following requirements:

1. Map Act Compliance.

(a) The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act ( Gov. Code
§ 66410 et.
seq., “SMA”), including implementing requirements in this code, except as otherwise expressly provided in this section.

(b) If an urban lot split violates any part of the SMA, the city’s subdivision regulations, including this section, or any other legal requirement:

(1) The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.

(2) The city has all the remedies available to it under the SMA, including but not limited to the following:

(i) An action to enjoin any attempt to sell, lease, or finance the property.

(ii) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

(iii) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.

Item 2A - Page 16

(iv) Record a notice of violation.

(v) Withhold any or all future permits and approvals.

(c) Notwithstanding section 66411.1 of the SMA, no dedication of right - of-way or construction of offsite improvements is required for an urban lot split.

2. Zone. The lot to be split is in a single-family residential zone. For purposes of this section, a single- family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

3. Lot Location.

(a) T he lot to be split is not located on a site that is any of the following:

(1) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

(2) A wetland.

(3) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

(4) A hazardous waste site that has not been cleared for residential use.

(5) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

(6) Within a 100- year flood hazard area, unless the site has either:

(i) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and
issued to the local jurisdiction, or

(ii) meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Item 2A - Page 17
Program.

(7) Within a regulatory floodway unless all development on the site has received a no-rise certification.

(8) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

(9) Habitat for protected species.

(10) Land under conservation easement.

(11) Land within a hillside area, as that term is defined in section 93.13.00
.

(b) The purpose of subpart (E)(3)(a) above is merely to summarize the requirements of Government Code
section 65913.4(a)(6)(B) -(K).
(See Gov. Code § 66411.7(a)(3)(C).)

4. Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory, nor may the lot be or be within a site that is designated by ordinance as a city or county historic resource or as a historic property or within a historic district.

5. No Prior Urban Lot Split.

(a) The lot to be split was not established through a prior urban lot split.

(b) The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.

6. No Impact on Protected Housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:

(a) Housing that is income- restricted for households of moderate, low, or very low income.

(b) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.

(c) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act ( Gov. Code
§§ 7060-7060.7)
Item 2A - Page 18
at any time in the 15 years prior to submission of the urban lot split application.

(d) Housing that has been occupied by a tenant in the last three years.

The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

7. Lot Size.

(a) The lot to be split must be at least 2,400 square feet.

(b) The resulting lots must each be at least 1,200 square feet.

8. Easements.

(a) The owner must enter into an easement agreement with each public service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.

(b) Each easement must be shown on the tentative parcel map.

(c) Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subpart (D)(2) above.

(d) If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the city will provide, a notice of termination of the easement, which the owner may record.

9. Lot Access. Each resulting lot must have either:

(a) Each resulting lot must adjoin the public right-of-way.

(b) Each resulting lot must have frontage on the public right-of-way of at least 12.5 feet.

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(a) Frontage on a public right-of-way of at least 12.5 feet; or

(b) An easement to a public right-of-way that is at least 12.5 feet in width.

10. Unit Standards.

(a) Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under section 93.23.21 of
this code, an ADU, or a JADU.

(b) Unit Size.

(1) The total floor area of each the first primary dwelling that is developed on a resulting lot must be conform to the following:

(i) less than or equal to 1,000 1,500 square feet and

(ii) more than 500 400 square feet.

(2) The total floor area of the second primary dwelling that is developed on a resulting lot must conform to the following:

(i) less than or equal to 1,000 square feet and

(ii) more than 400 square feet.

(2)(3) A primary dwelling that was legally established prior to the urban lot split and that is larger than 1,000 square feet is limited to the lawful floor area at the time of the urban lot split.

It may not be expanded. If there is a primary dwelling on a resulting lot that was legally established before the urban lot split, the existing dwelling may be expanded in accordance with the lot coverage, setback, and other standards of this title to the extent that the expansion still leaves at least 1,000 square feet of developable area on the lot. If there is less than 1,000 square feet of developable area left on the lot, the existing dwelling may not be expanded.

(3) A primary dwelling that was legally established prior to the urban lot split and that is smaller than 1,000 square feet may be expanded to 1,000 square feet after the urban lot split.

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(c) Height Restrictions.

(1) On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.

(2) On a resulting lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. A second story is only permissible where conformance to lot coverage or setback requirements does not result in allow for two primary units on the lot of up to 1,000 square feet each.

Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the setback.

(3) No rooftop deck or second- floor balcony is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.

(d) Lot Coverage. Lot coverage shall not exceed 45%. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 1,000 square feet each.

(e) Setbacks.

(1) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

(2) Exceptions. Notwithstanding subpart (E)(10)(e) above:

(i) Existing Structures. No setback is required for an existing legally established structure or for a new
structure that is constructed in the same location and
to the same dimensions as an existing legally
established structure.

(ii) 1,000 square feet; four -foot side and rear. The
setbacks imposed by the underlying zone must yield to
the degree necessary to avoid physically precluding
the construction of up to two units on the lot or either of the two units from being at least 1,000 square feet in
floor area; but in no event may any structure be less
than four feet from a side or rear property line.

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(iii) Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed after an urban lot split must be at least 25 feet from the front property lines. The front setback area must:

(I) be kept free from all structures greater than
three feet high;

(II) be at least 50 percent landscaped with drought-
tolerant plants, with vegetation and irrigation
plans approved prepared by a licensed
landscape architect or qualified professional as
that term is defined in PSMC Chapter 8.60;

(Ill) allow for vehicular and fire-safety access to the front structure.

(iv) Front Setback – Exception. If the adjacent lots abutting the side lot lines of the subject lot contain primary
dwellings that have front setbacks with a depth of less than 25 feet, the minimum front setback may be
reduced up to a line parallel to the average of the front setback of the adjacent lots.

(v) Swimming pools. Swimming pools may be permissible
in any yard area in accordance with the requirements
of Section 93.01.00. Where a swimming pool is
installed in a front yard setback area, the landscape
requirement identified in subpart (E)(10)(e)(2)(iii)(II) above may be reduced to a minimum of 15 percent.

(f) Parking.

(1) Parking Spaces Required. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off -street parking space per unit unless one of the following applies:

(1)(i) The lot is located within one-half mile walking distance of either

(i)(I) a corridor with fixed route bus service with
service inte rvals no longer than 15 minutes
during peak commute hours or
Item 2A - Page 22

(ii)(II) a site that contains an existing rail or bus rapid transit station, or the intersection of two or more
major bus routes with a frequency of service
interval of 15 minutes or less during the morning
and afternoon peak commute periods.

(2)(ii) The site is located within one block of a car -share vehicle location.

(2) Tandem Parking. Tandem parking within a garage, carport, or on a surface parking area are permissible for any lot developed as part of an urban lot split.

(g) Driveways.

(1) Maximum Number of Driveways. A maximum of one new
driveway is permitted for each lot that is created as part of an urban lot split.

(2) Maximum Driveway Width. Driveway width is limited to a maximum of 18 feet, measured from outside edge to outside edge.

(3) Distance from Street Intersection. Each new driveway must be at least thirty feet from the intersecting corner property lines at the street intersection.

(4) Parking Bays. Parking bays that take direct access from a public right-of-way shall are prohibited.

(g)(h) Architecture.

(1) If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit that is visible from a publ ic right -of-way must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

(2) If there is no legal primary dwelling on the lot before the urban lot split, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

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(3) A ll exterior lighting must be limited to down-lights.

(4) No window or door of a dwelling that is constructed on the lot after the urban lot split may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

(5) If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

(5) If an attached garage is visible from a public right-of-way, the total width of all garage doors on the dwelling must be less than 50 percent of the total width of the dwelling’s façade facing the public right-of-way.

(h)(i) Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights - of-way) as follows:

(1) At least one (1) 15-gallon 5-gallon size plant shall be provided for every five (5) linear feet of exterior wall. Alternatively, at least one (1) 24″ box size plant shall be provided for every ten (10) linear feet of exterior wall. A minimum of two (2) 24” box size drought tolerant trees shall be planted on each lot created under this ordinance.

(2) Plant specimens utilized to provide screening as required in subpart (E)(10)(h)(4) above must be at least six (6) feet tall when installed. As an alternative, a solid fence of at least six (6) feet in height may be installed.

(3) All landscaping must be drought tolerant.

(4) All landscaping must be from the city’s approved plant list.

(i)(j) Nonconforming Conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected.

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(j)(k) Utilities. Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider.

(k)(l) Building & Safety. All structures built on the lot must compl y with all current local building standards. An urban lot split is a change of use.

11. Zero-Lot Line Development.

(a) Zero-lot line development may be permitted as part of an urban lot split. The zero- lot line condition shall only be permitted on the common property line between the resulting lots that are created as part of an urban lot split; structures shall not be allowed at a side or rear yard property line that is shared with existing abutting lots.

(b) Where a zero-lot line condition is employed along a common side or rear property line on the resulting lots that are created as part of an urban lot split, the opposite side yard or rear yard shall be increased by the corresponding setback reduction. The aggregate setbacks shall be as follows:

(1) The aggregate side yard setback shall be the minimum side yard setback of the underlying zone district or 8 feet, whichever is greater.

(2) The aggregate rear yard setback shall be the minimum rear yard setback of the underlying zone district but may be reduced to 8 feet where the setbacks of the underlying zone physically preclude the construction of up to two units on the lot or either of the two units from being at least 1,000 square feet in area.

11.12. Fire-Hazard Mitigation Measures.

(a) A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:

(1) It must have direct access to a public right -of-way with a paved street with a width of at least 40 feet. The public right - of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.

(2) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.

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(3) All enclosed structures on the site must have fire sprinklers.

(4) All sides of all dwellings on the site must be within a 150- foot hose-pull distance from either the public right-of-way or of an onsite fire hydrant or standpipe.

(5) If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire- authority approved hookups compatible with fire authority standard pump and hose equipment.

(b) Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire hazard mitigation measures in accordance with this subpart (E)(11). The city or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the city’s costs for inspection. Failure to pay is grounds for denying the application.

12.13. Separate Conveyance.

(a) Within a resulting lot.

(1) Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.

(2) Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.

(3) All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.

(b) Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is nec essary to allocate rights and responsibility between the owners of the two lots.

Item 2A - Page 26

13.14. Regulation of Uses.

(a) Residential-only. No non- residential use is permitted on any lot created by urban lot split.

(b) No Short-Term Rentals. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.

(c) Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant’s principal residence for a minimum of three (3) years after the urban lot split is approved.

14.15. Notice of Construction.

(a) At least 30 business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

(1) Notice that construction has been authorized,

(2) The anticipated start and end dates for construction,

(3) The hours of construction,

(4) Contact information for the project manager (for construction- related complaints), and

(5) Contact information for the Building & Safety Division.

(b) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

15.16. Deed Restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:

(a) Expressly prohibits any r ental of any dwelling on the property for a period of less than 30 days.

Item 2A - Page 27

(b) Expressly prohibits any non-residential use of the lots created by the urban lot split.

(c) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

(d) States that the property is formed by an urban lot split and is therefore subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and development.

F. Specific Adverse Impacts.

1. Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. “Specific adverse impact” has the same meaning as in Gov. Code §
65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under
Revenue and Taxation Code section 214(g).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact. (Ord. 2058 § 2, 2022; Ord. 2057 § 3, 2022)

SECTION 3. That Section 93.23.21 of the Palm Springs Zoning Code shall be amended as follows:

Section 93.23.21 Two-Unit Projects

A. Purpose. The purpose of this section is to allow and appropriately regulate two- unit projects in accordance with Government Code
section 65852.21.

B. Definition. A “two -unit project” means the development of t wo primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.

Item 2A - Page 28

C. Application.

1. Only individual property owners may apply for a two-unit project. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by
Rev. & Tax
Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).

2. An application for a two- unit project must be submitted on the city’s approved form.

3. The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

4. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

5. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law.

The city council may establish and change the fee by resolution. The fee must be paid with the application.

D. A pproval.

1. An application for a two-unit project is approved or denied ministerially, by the Director, without discretionary review.

2. The ministerial approval of a two- unit project does not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements.

3. The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

4. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.

E. Requirements. A two-unit project must satisfy each of the following requirements:

Item 2A - Page 29

1. Map Act Compliance. The lot must have been legally subdivided.

2. Zone. The lot is in a single- family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

3. Lot Location.

a. The lot is not located on a site that is any of the following:

1) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricult ural protection or preservation by the voters.

2) A wetland.

3) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

4) A hazardous waste site that has not been cleared for residential use.

5) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

6) Within a 100- year flood hazard area, unless the site has either:

(i) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and
issued to the local jurisdiction, or

(ii) meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.

7) Within a regulatory floodway unless all development on the site has received a no-rise certification.

8) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

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9) Habitat for protected species.

10) Land under conservation easement.

11) Land within a hillside area, as that term is defined in section 93.13.00
.

b. The purpose of subpart (E)(3)(a) above is merely to summarize the requirements of Government Code
section 65913.4(a)(6)(B) -(K).
(See Gov. Code § 66411.7(a)(3)(C).)

4. Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory, nor may the lot be or be within a site that is designated by ordinance as a city or county resource or as a historic property or within a historic district.

5. No Impact on Protected Housing. The two- unit project must not require or include the demolition or alteration of any of the following types of housing:

a. Housing that is income- restricted for households of moderate, low, or very low income.

b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.

c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code
§§ 7060-7060.7)
at any time in the 15 years prior to submission of the urban lot split application.

d. Housing that has been occupied by a tenant in the last three years.

The applicant and the owner of a property for which a two-unit project is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

6. Unit Standards.

a. Quantity.

1) No more than two dwelling units of any kind may be built on a Item 2A - Page 31
lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an ADU, or a JADU.

2) A lot that is not created by an urban lot split may have a two-- unit project under this section, plus any ADU or JADU that must be allowed under state law and the city’s ADU
ordinance.

b. Unit Size.

1) The total floor area of each the first primary dwelling that is developed on a resulting lot must be conform to the following:

(i) less than or equal to 1,000 1,500 square feet and

(ii) more than 500 400 square feet.

2) The total floor area of the second primary dwelling that is developed on a resulting lot must conform to the following:

(i) less than or equal to 1,000 square feet and

(ii) more than 400 square feet.

2)3) A primary dwelling that was legally established prior to the urban lot split and that is larger than 1,000 square feet is limited to the lawful floor area at the time of the urban lot split.

3) A primary dwelling that was legally established prior to the two-unit project and that is smaller than 1,000 square feet may be expanded to 1,000 square feet after or as part of the two- unit project.

c. Height Restrictions.

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1) On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.

2) On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. A second story is only permissible where conformance to lot coverage or setback requirements does not result in allow for two primary units on the lot of up to 1,000 square feet each. Any portion of a new primary dwelling that exceeds one story must be
stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the step back.

3) No rooftop deck or second- floor balcony is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project.

d. Demo Cap. The two- unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.

e. Lot Coverage. Lot coverage shall not exceed 45%. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 1,000 square feet each.

f. Setbacks.

1) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

2) Exceptions. Notwithstanding subpart (E)(6)(f) above:

(ii) 1,000 sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree
necessary to avoid physically precluding the
construction of up to two units on the lot or either of the Item 2A - Page 33
two units from being at least 1,000 square feet in floor area; but in no event may any structure be less than
four feet from a side or rear property line.

3) Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed under this section must be at least 25 feet from the front property lines. The front setback area must:

(i) be kept free from all structures greater than three feet high;

(ii) be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved
prepared by a licensed landscape architect or qualified professional as that term is defined in PSMC Chapter

8.60;

(iii) allow for vehicular and fire- safety access to the front structure all structures on the lot.

4) Front Setback – Exception. If the adjacent lots abutting the side lot lines of the subject lot contain primary dwellings that have front setbacks with a depth of less than 25 feet, the minimum front setback may be reduced up to a line parallel to the average of the front setback of the adjacent lots.

5) Swimming pools. Swimming pools may be permissible in any yard area in accordance with the requirements of Section

93.01.00. Where a swimming pool is installed in a front yard setback area, the landscape requirement identified in subpart (E)(6)(f)(3)(ii) above may be reduced to a minimum of 15 percent.

g. Parking.

1) Parking Spaces Required. Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:

1)(i) The lot is located within one-half mile walking distance of either

(i)(I) a corridor with fixed route bus service with
service intervals no longer than 15 minutes
Item 2A - Page 34
during peak commute hours or

2)(ii) The site is located within one block of a car -share vehicle location.

2) Tandem Parking. Tandem parking within a garage, carport, or on a surface parking area are permissible for any lot developed as part of an urban lot split.

h. Driveways.

(1) Maximum Number of Driveways. A maximum of one new
driveway is permitted for each lot that is created as part of an urban lot split.

(2) Maximum Driveway Width. Driveway width is limited to a maximum of 18 feet, measured from outside edge to outside edge.

(3) Distance from Street Intersection. Each new driveway must be at least thirty feet from the intersecting corner property lines at the street intersection.

(4) Parking Bays. Parking bays that take direct access from a public right-of-way shall are prohibited.

h.i. Architecture.

1) If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit that is visible from a public right -of-way must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

2) If there is no legal primary dwelling on the lot before the two- unit project, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the Item 2A - Page 35
slope shared by the largest portion of the roof.

3) All exterior lighting must be limited to down-lights.

4) No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

5) If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerest ory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

5) If an attached garage is visible from a public right-of-way, the total width of all garage doors on the dwelling must be less than 50 percent of the total width of the dwelling’s façade facing the public right-of-way.

i.j. Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights - of-way) as follows:

1) At least one (1) 15-gallon 5-gallon size plant shall be provided for every five (5) linear feet of exterior wall. Alternatively, at least one (1) 24″ box size plant shall be provided for every ten (10) linear feet of exterior wall. A minimum of two (2) 24” box size drought tolerant trees shall be planted on each lot created under this ordinance.

2) Plant specimens utilized to provide screening as required in subpart (E)(10)(h)(4) above must be at least six (6) feet tall when installed. As an alternative, a solid fence of at least six (6) feet in height may be installed.

3) All landscaping must be drought tolerant.

4) All landscaping must be from the city’s approved plant list.

j.k. Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.

Item 2A - Page 36
k.l. Utilities. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

l.m. Building & Safety. All structures built on the lot must comply with all current local building standar ds. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city’s current code.

7. Fire-Hazard Mitigation Measures. A lot in a very high fire hazard severity zone must comply with each of the followi ng fire- hazard mitigation measures:

a. It must have direct access to a public right-of-way with a paved street with a width of at least 40 feet. The public right-of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.

b. All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.

c. All enclosed structures on the site must have fire sprinklers.

d. All sides of a ll dwellings on the site must be within a 150- foot hose pull distance from either the public right -of-way or of an onsite fire hydrant or standpipe.

e. If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire- authority approved hookups compatible with fire-authority standard pump and hose equipment.

8. Separate Conveyance.

a. Primary dwelling units on the lot may not be owned or conveyed separately from each other.

b. Condominium airspace divisions and common interest
developments are not permitted within the lot.

c. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

9. Regulation of Uses.

a. Residential-only. No non-residential use is permitted on the lot.

Item 2A - Page 37

b. No Short-Term Rentals. No dwelling unit on the lot may be rented for a period of less than 30 days.

c. Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two- unit project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile.

10. Notice of Construction.

a. At least 30 business days before starting any construction of a two- unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

1) Notice that construction has been authorized,

2) The anticipated start and end dates for construction,

3) The hours of construction,

4) Contact information for the project manager (for construction- related complaints), and

5) Contact information for the Building & Safety Department.

b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

11. Deed Restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:

a. Expressly prohibits any rental of any dwelling on the proper ty for a period of less than 30 days.

b. Expressly prohibits any non-residential use of the lot.

c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

Item 2A - Page 38

d. If the lot is not created by an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile.

e. States that the property is formed by an urban lot split and is therefore subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and development.

F. Specific Adverse Impacts.

1. Notwithstanding anything else in this section, the city may deny an application for a two- unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. “Specific adverse impact” has the same meaning as in Gov.

Code 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under
Revenue and Taxation Code section
214(9).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

G. Remedies. If a two- unit project violates any part of this code or any other legal requirement:

1. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

2. The city may:

a. Bring an action to enjoin any attempt to sell, lease, or finance

the property.

b. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

Item 2A - Page 39
c. Pursue criminal prosecution, punishable by imprisonment in co unty jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.

d. Record a notice of violation.

e. Withhold any or all future permits and approvals.

f. Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city’s code. (Ord. 2058 § 3, 2022; Ord. 2057 § 4, 2022)

SECTION 4. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and ach section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

SECTION 5. Under California Government Code sections 65852.21, subdivision (j), and 66411.7, subdivision (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9.

SECTION 6. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS _____ DAY OF ______________, _________.

LISA MIDDLETON
MAYOR

ATTEST:

Item 2A - Page 40

BRENDA PREE, MMC

CITY CLERK

Item 2A - Page 41

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on _________ and adopted at a regular meeting of the City Council held on __________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

BRENDA PREE, MMC

CITY CLERK
Item 2A - Page 42

ATTACHMENT C

Item 2A - Page 43
Marc Teren
532 S Indian Trail | Palm Springs, CA 92264

July 19, 2022

Members of the Planning Commission
City of Palm Springs California

Dear Chair Weremiuk, Vice-Chair Roberts and Members of the Planning Commission:

I am a property owner in the Warm Sands neighborhood and am looking forward to making Palm Springs my permanent home. Thanks to yours and the City Council’s support in developing an SB9 ordinance that works for all, this is now possible.

SB9 is certainly forward thinking. With the requirement that a homeowner undertake the SB9 development, making one of the residences their home – there is a great deal, much with significant complexity (e.g. lot split, new utilities), for a homeowner to do to make this happen.

The Subcommittee’s ordinance recommendation, that zoning code guide development, will make SB9 requirements simpler for residents to understand. I believe this fact will yield homes that, while likely smaller than their neighbors, are consistent with the character of the neighborhoods.

I only have one recommendation at this time:

The code draft specifies that two residence of no less than 1,000 SF each may be developed on an SB 9 lot. I believe the 2,000 SF allowance should not be required to be equally split, particularly given that homes may not be separately conveyed. I believe the minimum 500 SF currently specified should apply.

This unequal split, will be particularly helpful on smaller lots, and provide the opportunity to build a home large enough for the three bedrooms needed for a family - difficult, if not impossible, to achieve in 1,000 SF. This will allow for a plan that is more consistent with the massing of neighboring homes, including those that may have an ADU of smaller scale.

I appreciate the seriousness and considered attention to developing an ordinance that will certainly lead to the building of additional housing units - and structured in a way that I believe will lead to the development of many homes with the potential to house a small family.

Something the city council identified as an important element of the city’s final ordinance.

Lastly, I want to thank the SB9 subcommittee and Flinn Fagg for allowing me the opportunity to participate in the ordinance process to date. The subcommittee has been supportive, and Mr.

Fagg has made time available to chat and answer my questions.

Thank you for your courtesy and for your work in support of this ordinance. Please feel free to reach out if I can clarify any of my comments.

Best Regards,

Item 2A - Page 44
Tiffani Bailey
From:

Sent:

To:

Anthony Mejia
Thursday, January 13, 2022 2:50 PM
Tiffani Bailey
Subject: Fwd: Public Comment - Item
CityOrd.pdf Attachments:

AC
Anthony Mejia
City Clerk
Begin forwarded message:

From: Steven Randel <[email protected]>
Date: January 13, 2022 at 2:41:01 PM PST
To: City Clerk <[email protected]>
Subject: Public Comment - Item
·NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open · attachments unless you are sure the content is safe.

Please contribute the attached letter regarding zoning ordinance changes for SB 9 that the City Council will address this evening.

Thank you,
Steven Randel
1 Item 2A - Page 45
Palm Springs Planning Department
Steven C. Randel
Randel Architecture, Inc.
777 E Tahquitz Canyon Way, Suite 200.209
Palm Springs, CA 92262
13 January 2022
Regarding Ordinance Compliance for Senate Bill 9 for Lot Splits As a design professional, I wish to contribute to how the Planning Department will address some of the parameters of SB9 into the Palm Springs Ordinances.

1. Lot Square Footage - For urban lot splits, the proposed threshold is 2400 square feet. Very few lots in the area are less than 8000 square feet. With required setbacks, any lot less than 5000 square feet would be difficult to meet setbacks depending on the zone. I suggest raising the lot to be split to at least 5000 square feet. Make the minimum size 2500 square feet, but don't place a 60/40 split because that further complicates the equation. Just let the minimum of 2500 square feet be the determining factor. That way, you could have a IOOOO square foot lot have a small parcel of not less than 2500 feet, which could hold a small home.

2. There will have to be more leeway in setbacks so that buildings can comply but allow at least five feet. Any building closer than five feet needs specific eave construction for fire codes. Six feet is even better for a side setback.

3. Keep a one-story maximum in all cases, as most current single-family lots restrict to a single level. This maintains neighboring privacy. Lower the height maximum to 12 feet. A 16-foot height limit is too much for a single-level dwelling. An 8 to 9-foot ceiling is adequate in a small dwelling, a lower height also keeps the pitch of roofs lower, so they don't block views.

4. The maximum square footage of 800 is too restrictive. That amount is only suitable for a comfortable one-bedroom apartment. No one will build a one-bedroom dwelling. The expense for the return is too low. Allow at least 1000 square feet and up to 1200 square feet for another house. That amount allows two bedrooms at least and contributes to the housing supply more practically.

5. The minimum of 500 square feet is also too little to add to the housing supply. Make it 750 square feet minimum so that the dwelling is enough to have lasting value .

6. Don't put restrictions on the square footage of existing dwellings where you would otherwise be able to add to that house. A restriction like that further limits dwelling space, which is needed to add to the housings supply.

7. Do not require street frontage for secondary lots. Allow easements to serve that purpose instead, which technically allows larger parcels.

Since the goal is to build more housing within established infrastructure in California, that housing should be just as desirable as all other dwellings. The proposed square footage could inhibit production since an investment must make a return. Please consider spatial practicality in your decision to update the Palm Springs ordinances.

Thank you,
~~~~~
Steven C. Randel
Item 2A - Page 46

CITY COUNCIL STAFF REPORT
10/17/2022

A REQUEST BY CASA VERONA LLC, OWNER, FOR A CHANGE OF ZONE OF AN UNDEVELOPED 6.44-ACRE PARCEL FROM SINGLE-FAMILY RESIDENTIAL R-1-D (7,500-SQUARE FOOT LOT) TO R-1-E (5,000-SQUARE FOOT LOT); ADOPTION OF A MITIGATED NEGATIVE DECLARATION PER CEQA; AND A TENTATIVE TRACT MAP (TTM 38042) TO SUBDIVIDE THE PARCEL INTO THIRTY-ONE (31) SINGLE-FAMILY RESIDENTIAL LOTS LOCATED AT THE EAST TERMINUS OF VERONA ROAD, ZONE R-1-D; (CASE NOS. 5.1527-CZ & TTM 38042)
RECOMMENDATION:

Open the hearing and receive testimony. 1.

Close the public hearing and Introduce and Waive Further Reading of an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1527 CZ, CHANGE OF ZONE, TO AMEND THE CURRENT ZONING DESIGNATION OF ‘SINGLE FAMILY RESIDENTIAL (R-1-D)’ (7,500-SQUARE FOOT LOT) TO ‘SINGLE-FAMILY RESIDENTIAL (R-1-E)’ (5,000-SQUARE FOOT LOT) FOR THE SUBDIVISION OF A 6.44-ACRE LOT INTO THIRTY-ONE (31)

SINGLE-FAMILY RESIDENTIAL PARCELS FOR FUTURE DEVELOPMENT AT THE EAST TERMINUS OF VERONA ROAD.”

2. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP – TTM 38042 – TO SUBDIIDE AN UNDEVELOPED 6.44 ACRE PARCEL INTO THIRTY-ONE (31) SINGLE-FAMILY RESIDENTIAL LOTS LOCATED AT THE EAST TERMINUS OF VERONA ROAD.”

3. Justin Clifton, City Manager
Attachments
Item 2B

CITY COUNCIL STAFF REPORT

DATE: OCTOBER 17, 2022 PUBLIC HEARING

SUBJECT: A REQUEST BY CASA VERONA LLC , OWNER, FOR A CHANGE OF ZONE OF AN UNDEVELOPED 6.44 -ACRE PARCEL FROM SINGLE -
FAMILY RESIDENTIAL R -1-D (7,500- SQUARE FOOT LOT) TO R -1-E (5,000-SQUARE FOOT LOT); ADOPTION OF A MITIGATED NEGATIVE DECLARATION PER CEQA; AND A TENTATIVE TRACT MAP (TTM
38042) TO SUBDIVIDE THE PARCEL INTO THIRTY -ONE (31) SINGLE -

FAMILY RESIDENTIAL LOTS LOCATED AT THE EAST TERMINUS OF VERONA ROAD, ZONE R-1-D; (CASE NOS. 5.1527-CZ & TTM 38042)

FROM: Teresa Gallavan, Interim City Manager

BY: Department of Planning Services

SUMMARY:

This is a request for the City Council to consider a proposed Change of Zone and Tentative Tract Map applications by Casa Verona LLC (Mark Temple) , Owner. The Change of Zone request is to change the current zoning designation from single-family residential R-1-D (7,500-square foot lot) to R-1-E (5,000-square foot lot). The proposed Tentative Tract Map is to subdivide the vacant 6.44-acre parcel into thirty-one (31) single- family residential lots for the purpose of constructing new homes. The application includes the adoption of a Mitigated Negative Declaration to meet the requirements of the California Environmental Quality Act (CEQA). The project has been reviewed by the Riverside County Airport Land Use Commission (ALUC) due to the lot’s location at the north end of the Palm Springs International Airport, which recommends approval with a series of conditions which have been incorporated into the attached Conditions of Approval.

The following applications have been filed in conjunction with this request:

• Change of Zone application 5.1527-CZ, to change the current zone from R-1-D to R- 1-E.
• Tentative Tract Map 38042, to subdivide the undeveloped 6.44-acre parcel into thirty- one (31) single-family residential lots.
• Adoption of a Mitigated Negative Declaration per CEQA.

Item 2B - Page 1
RECOMMENDATION:

1. Open the hearing and receive testimony.

2. Close the public hearing and Introduce and Waive Further Reading of Ordinance #____, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1527 CZ, CHANGE OF ZONE, TO AMEND THE CURRENT ZONING DESIGNATION OF ‘SINGLE FAMILY RESIDENTIAL (R -1-D)’ (7,500- SQUARE FOOT LOT) TO ‘SINGLE -FAMILY RESIDENTIAL (R -1-E)’ (5,000- SQUARE FOOT LOT) FOR THE SUBDIVISION OF A 6.44-ACRE LOT INTO THIRTY-ONE (31) SINGLE-FAMILY RESIDENTIAL

PARCELS FOR FUTURE DEVELOPMENT AT THE EAST TERMINUS OF
VERONA ROAD.”

3. Adopt Resolution #____, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A TENTATIVE TRAC T MAP – TTM 38042 – TO SUBDIIDE AN UNDEVELOPED 6.44 ACRE PARCEL INTO THIRTY-ONE (31) SINGLE-FAMILY RESIDENTIAL LOTS LOCATED AT THE EAST TERMINUS OF VERONA ROAD.”

PLANNING COMMISSION ACTION:

The Planning Commission reviewed the project on September 14, 2022 and voted 6-0-1 (absent, Aylaian) to recommend approval of the request to change the current zoning designation of from R-1- D (7,500- square foot lot) to R -1-E (5,000- square foot lot); recommend adoption of a Mitigated Negative Declaration; and recommend approval of a Tentative Tract Map to subdivide a 6.44-acre parcel into thirty-one (31) lots.

BUSINESS PRINCIPAL DISCLOSURE:

The application has been submitted by Mark Temple of Mark Temple Construction. A Public Integrity Disclosure form has been submitted by the applicant and is included as Attachment M to this staff report.

PRIOR ACTIONS:

Related Relevant City Actions
2/06/2019 The City Council adopted Ordinance #1979 to adopt the R-1-E zoning district and associated development standards.
9/14/2022
The Planning Commission voted 6 -0-1 to recommend approval of a Change of Zone, adoption of a Mitigated Negative Declaration, and approval of a Tentative Tract Map for a 31-lot subdivision.

Item 2B - Page 2
Most Recent Change of Ownership
05/12/2006 Casa Verona LLC (Mark Temple)

Neighborhood Meeting/Neighborhood Notice
03/2021 Affidavit of on-site sign posting submitted by applicant. 10/06/2022
Notice of public hearing mailed to addresses within 500 feet of the site, notifying that the subject application would be considered by the City Council at a public hearing on October 17, 2022. The public hearing notice was also emailed to Neighborhood Organizations within one mile of the project site.
10/06/2022 Notice of public hearing published in the local newspaper.

PROJECT DESCRIPTION:

The applicant, Casa Verona LLC ( Mark Temple), has proposed to change the current zoning designation from single-family residential R-1-D (7,500-square foot lot) to R -1-E (5,000-square foot lot). The proposal also includes a tentative tract map to subdivide the

6.44-acre parcel into thirty -one (31) lots for future development. There are no buildings being proposed as part of this application; any proposed buildings on the lots will be reviewed under a separate application in the future.

Subject Site

Item 2B - Page 3
BACKGROUND INFORMATION:

The subject parcel is located at the easterly terminus of East Verona Road in the Gene Autry and Whitewater Club neighborhoods. The site is adjacent to a previously approved development named Serena Park which received approval for the construction of 386 attached and detached residential units and which remains undeveloped.

The parcel is generally flat, undeveloped, and is bordered by a flood control dam on the east side of the property and, as previously mentioned, the future Serena Park development to the west. The vacant parcel immediately to the south is owned by a private owner with other nearby vacant lots owned by an Allottee of the Agua Caliente Band of Cahuilla Indians. These lots all have future development potential for residential units as per the R -1-D zone (7,500-square foot lots). The proposed Change of Zone to 5,000-square foot lots would be smaller in lot size to the R-1-D adjacent lots, however the resulting smaller residential structures can allow for innovative designs built as work force housing.

The R-1-E Zoning Designation

The Planning Commission embarked on a process in 2018 to develop a new zoning designation that would allow small -lot subdivisions as an alternative to the Planned Development District (PDD) process. At the time, the City was reviewing multiple small lot residential subdivision proposals and staff developed a “by -right” zoning designation to achieve the goals of the Planning Commission and City Council to streamline the review process. The new zoning district assisted in implementing the recommendations of an Ad Hoc PDD Subcommittee and reflect ed the work of the Planning Commission Small Lot Subcommittee that was appointed to address the issue. The adoption of the new R-1-E zoning district allowed for the development of single- family subdivisions with lots that are a minimum of 5,000 square feet in net lot area, utilizing standard street widths as stipulated by the City of Palm Springs General Plan. The R -1-E zone development standards also allow for the following:

• A llow zero-lot line development.
• Allow tandem garages to satisfy parking requirements. • Exempt covered outdoor living areas (e.g., covered porches) from lot coverage requirements.

From these new development standards, smaller housing stock at greater density can be constructed providing orderly neighborhoods at a price point aimed at the work-force housing market. This Change of Zone request is one of the first to implement the new development standards and process.

Item 2B - Page 4
DETAILS OF APPLICATION REQUEST:

Details of Application Request
Site Area
Overall Site 4.44 Acres

Surrounding
Property
Existing Land Use
Per Chapter 92
Existing General
Plan Designation
Existing Zoning
Designation
Subject Property Undeveloped LDR R-1-D
North Vacant LDR PDD 315
South Vacant LDR R-1-D
East Watercourse OS - W W

DEVELOPMENT STANDARDS:

Pursuant to PSZC Section 92.01.03, the following tables offer a comparison of the R-1- D zone and the proposed R-1-E zone development standards:

A. Minimum Lot Standards.

R-1-D R-1-E
Lot area Feet Feet
(in square feet) 7,500 5,000
Minimum width (in feet):

Interior lots 75 50
Corner lots:
a. Siding local/ collector street 82 55
Minimum depth (in feet):

Backing on:
a. Interior lot/Local/Collector street 100 90

B. Setbacks.

R-1-D R-1-E
Front Yard 25 15
Cul-de-sac 20 15
Side Yard 7.5 6
Rear Yard 15 15
Lot Coverage 35% 45%
Building Height: 12 ft at setback up
to 18 feet max.
12 ft at setback up to
18 feet max.

Item 2B - Page 5

R-1-D R-1-E
Garage structures which encroach into a rear
yard setback are permissible under
subsection 92.01.03(C)(3)(b) shall be limited
to a maximum of ten (10) feet in height
Garage allowed 5 feet
from rear property line
Garages, Carports:
• In the R-1-E zone, garages shall be
located not less than twenty (20) feet
from the front and corner side property
lines.
• Garages may be detached from the
main building in the R-1-E and hillside
areas only.

Garages permitted
Accessory Dwelling Unit:

An accessory dwelling unit is permitted and
constructed in conformance to the
requirements of Section 93.23.14.

Permitted

C. Zero Lot-Line Developments
R-1-E
Zero-lot line development may be permitted in the
R-1-E zoning district. Permitted
The structure is situated on a parcel so that one or more portions of the structure is located on the side property line. Permitted The structure is situated on a parcel so that one or more portions of the structure is located on the side property line and attached to the dwelling unit on the abutting parcel.

Permitted
Side yard setback for the structure is reduced, and an
exclusive use easement is provided on the abutting parcel. Permitted Setbacks. Front and rear yard setbacks shall comply with the requirements for the R-1-E zone. Side yard setbacks may be reduced along one property line, provided the opposite side yard setback is increased by the corresponding setback
reduction; in no case shall the aggregate side yard setbacks be less than twelve (12) feet.

Permitted
Accessory buildings and structures shall conform to the setbacks established for the primary dwelling unit. This setback reduction shall not apply to side yard setbacks adjacent to parcels that are not part of the zero lot-line development.

Permitted
Height limitation. The maximum building height shall comply with the requirements for the R-1-E zone. Permitted
Mechanical equipment. Mechanical equipment may be permitted in side yard areas, subject to the requirements of Section 93.01.00. Permitted Item 2B - Page 6
R-1-E
Alleys may be provided in the R-1-E residential zone, where the alley is designed to provide access to garage or carport structures at the rear of each residential lot abutting the alley.

Permitted

ANALYSIS:

General Plan:

The General Plan designation of the site is LDR ( Low Density Residential ); this designation allows densities between 4.1- 6.0 dwelling units per acre. According to the General Plan Land Use Map, Low Density R esidential is located in the immediate area permitting single-family detached residential development. The proposed thirty -one (31) single-family residential lots would conform to the LDR land use designation which permits a density range of twenty-six (26) to thirty-eight (38) units at this site.

Zoning:

The existing zoning designation of the subject property is R-1-D (7,500-square foot lot), which allows for the development of single-family residences. The vacant properties to the south of the subject site are similarly zoned as R-1-D. The proposed change of zone to R -1-E (5,000- square foot lots) and creation of thirty -one (31) lots will allow the development of single- family residential uses, like the existing homes in the immediate neighborhood, but at a greater density that remains consistent with the LDR General Plan designation. Pursuant to Section 94.07.00(A) of the Palm Springs Zoning Code (PSZC), findings in support of the proposed change of zone are provided in this report and the attached ordinance.

Housing Crisis Act:

On October 9, 2019, the State of California signed the Housing Crisis Act of 2019 into law; the law is known as Senate Bill 330 or SB 330. The law became effective on January 1, 2020. SB 330 prohibits the adoption of land use or zoning amendments that would result in the reduction of allowed residential density or intensity of land uses than what is allowed under the regulations in effect on January 1, 2018.

In the case of this proposal, the change of zone will not result in a net loss of residential capacity or reduction of otherwise allowed residential density because the subject parcel currently has a General Plan land use designation of LDR (Low Density Residential). To the contrary, a rezone to R -1-E will allow more residential capacity on the site. There is no proposed change to the General Plan designation and therefore there is no net loss in maximum residential capacity at the subject site. The proposed zoning change from R-1- D (7,500- square foot lots) to R -1-E (5,000- square foot lots) will allow for a different housing product on a smaller lot with the potential of zero lot line development providing housing that is somewhat higher in density.

Item 2B - Page 7
Riverside County Airport Land Use Commission (ALUC):

The location of the project at the northern end of the Palm Springs International Airport requires a conformity review by the Riverside County agency. ALUC reviewed the proposed project to rezone the parcel for the purpose of constructing thirty -one (31) housing units which is located within Compatibility Zone D, which restricts residential density to either 0.2 dwelling units per acre, or above 3.0 dwelling units per acre. The proposed project results in a density of 4.81 dwelling units per acre which is consistent with Zone D residential density criteria. The Commission held its meeting on July 14, 2022 and recommends approval with a series of conditions which have been incorporated into the attached Conditions of Approval.

Traffic Analysis:

The City contracted with the Altum Group to conduct a traffic report as part of the CEQA analysis relative to the impacts of the development on existing roadways and street network. A third- party consulting firm named the Ganddini Group performed a detailed analysis of potential impacts based upon Vehicle Miles Traveled (VMT) as an alternative to Level of Service (LOS). The report states:

For evaluating transportation impacts to provide alternatives to Level of Service that promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses the CEQA Guidelines requires the use of VMT as the primary metric for the evaluation of transportation impacts associated with land use and transportation projects. In general terms, VMT quantifies the amount and distance of automobile travel attributable to a project or region. All agencies and projects State-wide are required to utilize the updated CEQA guidelines recommending use of VMT for evaluating transportation impacts as of July 1, 2020.

The VMT analysis was prepared in accordance with the procedures and methodologies specified in the City of Palm Springs Traffic Impact Analysis Guidelines (July 2020) [“City TIA Guidelines”] (see attached report for specific details and methodologies).

The Ganddini report determined that the proposed project is forecast to result in a less than significant VMT impact based on the City -established thresholds for baseline and cumulative project-generated VMT. The proposed project is forecast to result in a less than significant VMT impact and determined that the development of the proposed thirty- one (31) unit subdivision will not negatively impact the surrounding street network.

FINDINGS – CHANGE OF ZONE 5.1527-CZ:

Section 94.07.00(A) of the Palm Springs Zoning Code (PSZC) requires that the following conditions be met to justify a Change of Zone application. Staff has analyzed the findings in order below.

Item 2B - Page 8

1. The proposed change of zone is in conformity with the general plan map and report.

The requested change of zone is from R-1-D (7,500- square foot lot) to R -1-E (5,000- square foot lot); the General Plan designation of the property is LDR (Low Density Residential), which permits a density range of 4.1 to 6.0 dwelli ng units per acre . The proposed change of zone would be in conformity with the general plan land use designation given that the goal of the General Plan is to provide for neighborhood-related residential uses in the area. The proposed change of zone is being made in accordance with the procedures set forth in State Planning law and the change of zone hearings are being held in accordance with applicable laws.

The proposed change of zone will not require an amendment to the General Plan because the R-1-E zoning district is consistent with the LDR designation, which is for low density residential uses. The proposed change of zone will result in the creation of thirty-one (31) lots, which is consistent with the general plan for the low density of the subject site allowing twenty-six (26) to thirty -eight (38) units at this site. The Tentative Tract Map shows the street and parcel layouts with required water retention basins resulting in the proposed thirty-one (31) lots with limit area to increase the number.

The City of Palm Springs General Plan provides a series of goals and objectives in the Housing Element. The approval of the requested Change of Zone will further advance the following:

• Goal HS1 – Facilitate a broad range of housing types, prices, and opportunities to address current and future housing needs in the community. o HS1 – Provide adequate residential sites to accommodate new housing through land use, zoning, and specific plan designations. o HS1.4 – Review and revise development standards as avai lable land continues to diminish and housing demand increases, the City will need to consider higher density housing opportunities, particularly on underutilized land.

The proposed Change of Zone will allow for smaller lots and greater density housing as stated in the General Plan goals and objectives.

2. The subject property is suitable for the uses permitted in the proposed zone, in terms of access, size of parcel, relationship to similar or related uses, and other considerations deemed relevant by the commission and council.

The application proposes t hirty-one (31) lots each of which are conforming to the minimum size and dimensional requirements for the R-1-E zone. The area in which the subject 6.44-acre parcel is in the Gene Autry and Whitewater neighborhoods consisting primarily of single-family residences and the proposed development is consistent with the current development patterns. The development is served by the existing East Verona Item 2B - Page 9
Road which will be extended to meet the development and will be well integrated into the fabric of the area. Therefore, the property is adequate in size and consistent with surrounding development as demonstrated by the new subdivision a nd suitable for the uses permitted in the proposed zone.

3. The proposed change of zone is necessary and proper at this time and is not likely to be detrimental to the adjacent property or residents.

The proposed Change of Zone of the approximately 6.44-acre parcel to R-1-E is proper at this time given that the parcel has remained undeveloped. The proposed change will allow the property to be developed appropriately and thereby help the City to meet its stated housing goals and needs by increasing density. The proposed zone change will not have adverse effects on existing and future surrounding land uses given that future properties and existing homes to the west, north and south of the site are also residential uses. The potential use of zero-lot line development will be separated from adjacent land uses due to the physical location of the lot at the terminus of East Verona Road and the existing Whitewater Channel. The change of zone request allows consistency in development patterns and proposed uses that are similar to those in adjacent parcels .

The parcels to the south are currently undeveloped and by making the C hange of Zone at this time, future development patterns may emerge that are complementary and consistent with one another. For these reasons, the change of zone is necessary and proper at this time and poses no detrimental impact on adjacent properties.

Tentative Tract Map:

The applicant is requesting the approval of a tentative tract map for the creation of a subdivision of the undeveloped 6.44- acre parcel into thirty -one (31) single- family residential lots with an approximate size range from 5,300 to 5,400-square feet each. The Tentative Tract Map shows the street and parcel layouts with required water retention basins resulting in the proposed thirty -one (31) lots with limit ed area to increase the number of lots.

The configuration of the parcel map has an extension of East Verona Road along the entire southern length of the development ending at the Whitewater Channel dam.

Proposed are one main ungated street on the west side of the subdivision and two (2) side streets ending in a cul -de-sac. The internal streets will be thirty -six (36) feet wide.

Each lot will have a street facing lot width of fifty (50) feet or fifty-four (54) feet depending on the internal street location. The proposed map complies with required right -of-way requirements for the East Verona Road extension and the internal streets to include curbs, gutters, and sidewalks. An on- site water retention basin will be located at the southeast corner of the development with all water flowing to this point. The intended grading of the site will result in a flat parcel with an elevation change of six (6) feet as viewed from extended East Verona Road. The development of the perimeter retaining wall on the north side of the street will need to be reviewed when the project moves into the design phase.

Item 2B - Page 10
At this time, the applicant is not proposing any housing development at the site. As required by the Zoning Code, any future housing development will require a Development Permit and approval under a separate application and review process.

FINDINGS – TENTATIVE PARCEL MAP TPM 38042:

Pursuant to Section 66474 of the Subdivision Map Act, the following findings must be made relative to the proposed map:

1. The proposed Tentative Tract Map or Tentative Parcel Map is consistent with all applicable general and specific plans.

The Tentative Tract Map proposes the creation of thirty-one (31) single-family residential lots ranging in size from 5,300 to 5,400 square feet in size. The General Plan designation of the parcel is LDR; this designation allows low density residential development ranging from 4.1 to 6.0 units per acre. If approved, the proposed tentative parcel map will result in the potential development of thirty-one (31) single-family residences at a density of 4.8 dwelling units per acre. The proposed use will meet the density requirement for Low Density Residential ( LDR) consistent with the General Plan land use designation, and thus, this finding has been met.

2. The design and improvements of the proposed Tentative Tract Map or Tentative Parcel Map are consistent with the zone in which the property is located.

Pursuant to Government Code Section 66473.5, the proposed subdivision is compatible with the objectives, polices, and general land uses provided in the City’s General Plan, given that the thirty-one (31) proposed lots reflect the Low -Density Residential designation of the General Plan. The subdivision will also be compatible with adjacent existing single-family homes located to the west and zoned R -1-C (10,000-square foot lots). The completion of the subdivision will result in the extension of East Verona Road plus new internal streets with curbs and gutters and sidewalks. All future access points, circulation and other improvements within the site will be subject to the Conditions of Approval associated with TTM 38042.

3. The site is physically suited for this type of development.

Proposed conditions of approval will address all required site modifications consis tent with City Standards and will assure safe access to the existing public streets.

4. The site is physically suited for the proposed density of development.

Item 2B - Page 11
The proposed thirty-one (31) lot subdivision will be on a 6.44-acre parcel; the lot sizes are consistent with the allowable density of 4.1 to 6.0 dwelling units per acre in the LDR General Plan designation. In addition, the R-1-E zone requires a minimum lot size of 5,000-square feet; the proposed lot sizes range between 5,300 to 5,400 -square feet and each lot is relatively flat and can accommodate a typical single-family dwelling.

5. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats.

The site is currently ungraded with minimal vegetation. A complete environmental analysis has been prepared and a Mitigated Negative Declaration determination has been made relative to any potential environmental impacts. The CEQA (MND) analysis reviewed impacts to the biological, cultural, traffic, greenhouse gas emissions, hydrology, noise, utilities, and wildlife. The site has not been previously identified as a habitat area. The design of the proposed subdivision as determined by the CEQA analysis will not cause environmental damage or injure fish or wildlife or their habitat because it is an infill lot that is not within any identified habitat or conservation area, therefore, there will be no environmental damage as a result of the proposed tract map.

6. The design of the subdivision or type of improvements is not likely to cause serious public health problems.

The design of the proposed subdivision meets and exceeds City Standards and will include connections to all public utilities including water and sewer systems. The extension of East Verona Road as a public street with private internal roadways built to City standards will provide access to the new lots. The subdivision will be ungated with pedestrian sidewalks connecting the development to the adjacent neighborhood.

7. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision.

There are no known public easements across the subject property; therefore, the design of the thirty-one (31) tract map will not conflict with easements for access through or use of the property. Any utility easements can be accommodated within the project design.

ENVIRONMENTAL DETERMINATION:

In accordance with Section 15063 of the CEQA Guidelines, the City of Palm Springs (Lead Agency) prepared an Initial Study and determined that the proposed project could have a significant effect on the environment; however, with the incorporation of mitigation measures, these impacts could be reduced to less than significant. An Initial Study was prepared by the Altum Group and circulated for a 20- day public review period from April 1 to April 20, 2022 and no comments requiring responses were received. The Initial Study and Notice of Preparation (NOP) were circulated to public agencies, including responsible Item 2B - Page 12
and trustee agencies, and members of the public. The Initial Study determined the project will not have a significant effect on the environment because mitigation measures will be implemented as listed below:

Biological Resources

BIO-1 If unavoidable project construction activities must begin during the nesting bird season (February 1st through August 31st), a pre-construction nesting bird survey shall be conducted no more than 14 days prior to initiation of ground disturbance and vegetation removal activities. The nesting pre- construction bird survey shall be conducted by a biologist familiar with identification of avian species known to occur in Riverside County. The nesting bird survey shall be conducted on foot inside the project boundary, including a 300-foot buffer for passerines (songbirds) and 500-foot buffer for raptors in areas of suitable habitat. Inaccessible areas will be surveyed using binoculars to the extent practical. If nests are found, an avoidance buffer (dependent upon species, the proposed work activity, the existing disturbances associated with land uses outside of the site) shall be determined and demarcated by the biologist with bright orange construction fencing, flagging, construction lathe, or other means to mark the boundary. If a raptor nest is observed in a tree proposed for removal, the applicant must consult with CDFW.

All construction personnel be notified of the existence of the buffer zone and to avoid entering the buffer zone during nesting season. No ground disturbing activities shall occur within this buffer area until the avian biologist has confirmed the breeding/nesting is completed and the young have fledged the nest.

Encroachment into the buffer shall occur only at the discretion of the qualified biologist.

BIO-2 Prior to any ground or habitat disturbance associated with any Covered Activity on a site that provides potential burrowing owl habitat, the Covered Activity Proponent shall cause a pre- disturbance survey of the site to be conducted for presence of the species.

1. Surveys and relocation, if applicable, shall be conducted between September 1 and January 31. The Tribe and USFWS currently are working together to develop appropriate relocation protocols. It is anticipated that these protocols will, at a minimum, reflect the standards of the CDFG Staff Report on Burrowing Owl Mitigation (1995, as summarized below).

2. Owls shall be excluded from burrows within the approved limit of disturbance and an appropriate buffer zone as determined by a Qualified Biologist by installing one-way doors in burrow entrances or other technique as deemed appropriate by the Tribe. The biological monitor must ensure through appropriate means (e.g., monitoring for owl use, excavating burrows) that the burrows to be impacted are not bei ng used. If active relocation methods are employed, the destination will be selected by the Tribe on a case-by-case basis Item 2B - Page 13
to provide the greatest long- term conservation potential for the species (regardless of whether it is within the Action Area). Factors to be considered include habitat characteristics, long- term viability, and the presence/status of existing populations of this species on the available sites based on available information or a site reconnaissance by a Qualified Biologist. Artificial burrows will be constructed at the receptor site under supervision of the Qualified Biologist. Artificial burrows shall not be required for passive relocation unless there is already conserved land immediately adjacent to the parcel from which the owls will be passively relocated.

Occupied burrows shall not be disturbed during the nesting season unless a Qualified Biologist verifies through non- invasive methods that either the birds have not begun egg laying and incubation or juveniles from the occupied burrows are foraging independently and capable of independent survival.

BIO-3 The Applicant shall pay the THCP Mitigation Fee prior to building permit issuance.

Cultural Resources

CUL-1 If buried cultural materials are discovered during the earth-moving operations, all work in that area should be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds and, if necessary, develop a treatment pan in consultation with the City of Palm Springs and the appropriate Native American tribes.

CUL-2 In the unexpected event human remains are uncovered during construction activities, all construction work taking place within the vicinity of the discovered remains must cease and the necessary steps to ensure the integrity of the immediate area must be taken. The County Coroner must be notified within 24 hours of the discovery of human remains. If the remains discovered are determined by the coroner to be of Native American descent, the coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours. The NAHC would in turn contact the Most Likely Descendant (MLD) would determine further action to be taken. The MLD would have 48 hours to access the site and make a recommendation regarding disposition of the remains.

With incorporation of the above- mentioned mitigation measures, all project -related impacts would be reduced to less than significant. Therefore, Staff recommends adoption of a Mitigated Negative Declaration.

CONCLUSION:

The proposed change of zone application meets all the required findings, and the proposed zoning designation conforms with the General Plan designation of Low Density Residential. The proposed tentative map request complies with all the requirements Item 2B - Page 14
outlined in the above-mentioned sections of the Palm Springs Municipal Code and Zoning Code. Therefore, with the affirmative recommendation by the Planning Commission, Staff endorses the approval of the proposed Change of Zone, the adoption of the CEQA Mitigated Negative Declaration, and Tentative Tract Map request for the creation of thirty- one (31) single-family residential lots subject to the attached conditions of approval.

REVIEWED BY:

Department Director: Christopher Hadwin
Deputy City Manager: Flinn Fagg
Acting City Manager: Jeremy Hammond

ATTACHMENTS:

A. Vicinity Map
B. Draft TTM Resolution & Conditions of Approval
C. Zone Change Ordinance
D. Planning Commission Resolution #6922
E. Excerpt of Minutes Planning Commission 9-13-22
F. Justification Letter
G. Letter from applicant to residents
H. Letter from Agua Caliente Band of Cahuilla Indians
I. Recommendation from Riverside County Airport Land Use Commission J. CEQA Initial Study
K. Traffic Report
L. Tentative Tract Map 38042
M. Public Integrity Disclosure

Item 2B - Page 15

ATTACHMENT A

Item 2B - Page 16

Department of Planning Services
Vicinity Map

W
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R1D
R1C
R1C R1CR1C
R1C

GENE AUTRY TRL

VERONA RD

VICENTIA RD

SAN CLEMENTELOS ALAMOS RD

WHITEWATER CLUB DR
Legend
500 Ft Radius
Site

CITY OF PALM SPRINGS
Case # 5.1527 CZ & TTM 38042
Casa Verona – East End of Verona Road

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Item 2B - Page 17

ATTACHMENT B

Item 2B - Page 18
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA , APPROVING A TENTATIVE
TRACT MAP - TTM 38042 TO SUBDIVIDE AN UNDEVELOPED

6.44 ACRE PARCEL INTO THIRTY -ONE (31) SINGLE -FAMILY

RESIDENTIAL LOTS L OCATED AT THE EAST TERMINUS OF
VERONA ROAD, ZONE R-1- D. (CASE NOS. 5.1527 CZ & TTM
38402)

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND DETERMINES AS FOLLOWS:

and pursuant to Chapter 9.62 of the City’s Municipal Code for a Tentative T ract Map (TTM 3 8042), to subdivide a vacant 6.44- acre parcel into thirty -one (31) single- family residential lots for the purpose of constructing new homes (APN 677 -020- 032)(“Project”).

B. T he Project is considered a “project” by the California Environmental Quality Act (CEQA).

C. On March 29, 2022, the City issued a Notice of Intent (NOI) to adopt a Mitigated Negative Declaration (MND). The NOI was circulated to responsible agencies and interested groups and individuals for review and comment. An Initial Study (IS) was prepared by the Altum Group and circulated for a 20- day public review period from April 1 to April 20, 2022.

D. The City received no written comments on the circulated MND and a N otice of Determination (NOD) was prepared and filed.

E. A notice of the public hearing of the Planning Commission of the City of Palm Springs to consider the Project w as given in accordance with applicable law for the meeting of September 14, 2022.

F. On July 14, 2022, the project was reviewed by the River side County Airport Land Use Commission (ALUC) and was found consistent with the Airport Compatibility Plan subject to conditions which have been incorporated in the final Conditions of A pproval as Attachment A.

G. On September 14, 2022, the Planning Commission held a public hearing where it reviewed the project and voted 6-0- 1 (absent, Aylaian) to recommend approval of the request to change the current zoning designation of single- family re sidential R -1-D (7,500-square foot lot) to R -1-E (5,000- square foot lot); recommend adoption of a Item 2B - Page 19
Mitigated Negative Declaration; and recommend approval of a Tentative Tract Map to subdivide a 6.44-acre parcel into thirty-one (31) lots.

H. On October 17, 2022, the City Council held a duly noticed public hearing on the Project in accordance with applicable law. The City Council carefully reviewed and considered the information contained in the MND, all of the evidence presented in connection with the meetings on the Project inc luding, but not limited to, staff reports on all aspects of the Project, and all written and oral testimony presented, and found the MND to be in compliance with CEQA and found that any potentially significant environmental impacts outlined in the report will be adequately mitigated to less that significant levels.

I. This resolution is adopted to approve the Tentative Tract Map concurrently with introduction of the ordinance approving the Mitigated Negative Declaration and Change of Zone, which ordinance will be considered for adoption at second reading.

THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:

Pursuant to Municipal Code Chapter 9.64 (Maps) and the State of California Subdivision Map Act Section 66474, the City Council finds as follows:

1. The proposed Tentative Tract Map or Tentative Parcel Map is consistent with all applicable general and specific plans.

The Tentative Tract M ap proposes the creation of thirty -one (31) single- family residential lots ranging in size from 5,300 to 5,400-square feet in size. The General Plan designation of the parcel is LDR; this designation allows low density residential development ranging from 4.1 to 6.0 units per acre. If approved, the proposed tentative parcel map will result in the potential development of thirty -one (31) singl e-family residences at a density of 4.8 dwelling units per acre. The future use will meet the density requirement for Low Density Residential (LDR) consistent with the General Plan land use designation, and thus, this finding has been met.

2. The design and improvements of the proposed Tentative Tract Map or Tentative Parcel Map are consistent with the zone in which the property is located.

Pursuant to Government Code Section 66473.5, the proposed subdivision is compatible with the objectives, polices, and general land uses provided in the City’s General Plan, given that the thirty-one (31) proposed lots reflect the Low -Density Residential designation of the General Plan. The subdivision does not comply with its current R -1-D zoning designation, but will b ecome compliant if the City Council adopts the ordinance rezoning the subdivision to an R -1-E designation, which is part of this application. The subdivision will also be compatible with adjacent existing single- family homes located to the west and zoned R-1-C (10,000-square foot lots). The completion of the subdivision will result in the extension of East Verona Road plus new internal streets with curbs and Item 2B - Page 20
gutters and sidewalks. All future access points, circulation and other improvements within the site will be subject to the Conditions of Approval associated with TTM 38042.

3. The site is physically suited for this type of development.

The undeveloped parcel is physically suited for the creation of thirty -one (31) lots and future development of detac hed single- family residences with an average lot size ranging from 5,300 to 5,400- square feet. T he 6.44- acre parcel is relatively flat and adequate in size to accommodate the future thirty -one (31) residences, streets and on- site water retentio n basin meet ing all applicable development standards of the R -1-E zone, provided the City Council rezones the property to an R-1-E designation. Proposed conditions of approval will address all required site modifications consistent with City Standards and will assure safe access to the existing public streets.

4. The site is physically suited for the proposed density of development.

The proposed thirty-one (31) lot subdivision will be on a 6.44-acre parcel; the lot sizes are consistent with the allowable density of 4.1 to 6.0 dwelling units per acre in the LDR General Plan designation. In addition, the R -1-E zone requires a minimum lot size of 5,000-square feet; the proposed lot sizes range between 5,300 to 5,400-square feet and each lot is relatively flat and can accommodate a typical single-family dwelling.

5. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats.

The design of the proposed subdivision as determined by the CEQA analysis will not cause environmental damage or injure fis h or wildlif e or their habitat because it is an infill lot that is not within any identified habitat or conservation area , therefore, there will be no environmental damage as a result of the proposed tract map.

6. The design of the subdivision or type of improvements is not likely to cause serious public health problems.

The design of the proposed subdivision meets and exceed City Standards and will include connections to all public utilities including water and sewer systems. The extension of East Verona Road as a public street with private internal roadways built to City standards will provide access to the new lots. The subdivision will be ungated with pedestrian sidewalks connecting the development to the adjacent neighborhood.

7. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the Item 2B - Page 21
property within the proposed subdivision.

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

SECTION 1. CEQA

The Project is considered a “project” pursuant to the California Environmental Quality Act (CEQA). An Initial Study has been prepared for the Project that evaluates the potential environmental impacts of the Projec t resulting in a Mit igated Negat ive Declaration (MND). The City Council has reviewed and considered the information in the Initial Study and intends to certify the final Mitigated Negative Declaration in accordance with CEQA upon adoption of the ordinance approving the Change of Zone.

SECTION 2. Tentative Tract Map

The City Council hereby approves the Tentative Tract Map (38042) to subdivide a 6.44- acre parcel into thirty -one (31) single- family residential lots subject to the conditions of approval as outlined in attached Exhibit “A.” , and also subject to adoption of a Council Ordinance rezoning the property to an R -1-E designation and adopt ing the final Mitigated Negative Declaration.

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

ADOPTED this 17th day of October, 2022.

MOTION:

AYES:

NOES:

ABSENT:

Theresa Gallavan, Interim City Manager

ATTEST:

Brenda Pree, MMC
City Clerk

Item 2B - Page 22

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, BRENDA PREE , City Clerk of the City of Palm Springs, h ereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF , I have hereunto set my hand and affixed the offic ial seal of the City of Palm Springs, California, this ______ day of ______________, _________.

Brenda Pree, MMC
City Clerk

Item 2B - Page 23
RESOLUTION NO.

EXHIBIT A

Cases: Change of Zone 5.1527-CZ & Tentative Tract Map 38042 Casa Verona
October 13, 2022

CONDITIONS OF APPROVAL

Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Dir ector 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 TTM 38042 and 5.1527-CZ, except as modified the conditions below.

ADM 2. Tentative Tract Map. This approval is for Tentative Tract M ap T TM 380 42 located at easterly terminus of Verona Road with plans date stamped August 25, 2022, and on file in the Planning Division except as modified by the conditions below. This approval shall be subject to all applicable regulations of the Subdivision Map Act, the Palm Springs Municipal Code, and any other applicable City Codes, ordinances and resolutions.

ADM 3. Conform to all Codes and Regulations . The proj ect shall conform to t he conditions contained herein, all a pplicable 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 4. Minor Deviations . The D evelopment Services Director or designee may approve m inor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code.

ADM 5. Indemnification. The owner shall defend, indemnify, and hold harm less the City of Palm Springs, its agents, of ficers, a nd em ployees 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 admi nistrative officers concerning Change of Zone 5.1517-CZ & Tentative Tract Map 38042.

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 Item 2B - Page 24
ei
ther undertake defense of th e matter and pay the C ity'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 o f any such claim, action or proceeding or fails to cooper ate 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 rig ht to settle or abandon the matter without the applicant' s consent but s hould 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 6. Time Limit on Approval. Ap proval of the Tentative Tract Map (TTM 38042) shall be valid for two (2) years from the effective date of approval unless an extension of time is granted by the Subdivision M ap Act and or the Planning Commission. Extensions of time may be granted by the Planning Commission upon demonstration of good cause.

ADM 7. Right to Appeal . Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accorda nce with Municipal Code Chapter 2.05. Perm its will not be is sued until the appeal pe riod has concluded.

ADM 8. Park Development Fees. The developer shall dedicate land or pay a fee in lieu of a dedication, at the option of the City. The in- lieu fee shall be computed pursuant to Ordinance No. 1632, Section IV, by multi plying the area of park to be dedicated by the fair market value of the land being developed plus the cost to acquire and improve the property plus the fair share contribution, less any credit given by the City, as may be reasonably determined by the City based upon the formula contained in Ordinance No. 1632. In accordance with the Ordinance, the following areas or features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, development edges, slopes in hillside are as (unless the area includes a public trail) l andscaped development entries, meandering streams, land held as open space for wildlife habitat, flood retention facilities and circulation improvements such as bicycle, hiking and equestrian trails (unless such systems are directly linked to the City’s c ommunity-wide system and shown on the City’s master plan).

ADM 9. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in- lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual s ingle-family units exempt. Should the public art be located on the project site, said location shall be reviewed and Item 2B - Page 25
appr
oved by the Director of Plannin g and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing.

ENVIRONMENTAL ASSESSMENT CONDITIONS

ENV 1. Coachella Valley Multiple -Species Habitat C onservation Plan (CVMSHCP) Local Development Mitigation Fee (LDMF) required. All projects within the City of Palm Springs, not w ithin the Agua Caliente Band of Cahuilla Indians reservation are subject to payment of the CVMSHCP LDMF prior to the issuance o f certificate of occupancy or as determined by an approved Development Agreement.

ENV 2. Mitigation Monitorin g. In accordance with Section 15063 of the CEQA Guidelines, the City of Palm Springs (Lead Agency) conducted an Initial Study and determined th at the proposed project could have a significant effect on the environment. The Initial Study determined the pro ject will not have a significant effect on the environment because mitigation measures will be implemented as listed below:

Biological Resources

BIO-1 If unavoidable project construction activities must begin during the nesting bird season (February 1st through August 3 1st), a pre- construction nesting bird survey shall be conducted no more than 14 days prior to initiation of ground disturbance and vegetation removal activities. The nesting pre- construction bird survey shall be conducted by a biologist fam iliar with ident ification of avian species known to occur in Riverside County. The nesting bird survey shall be conducted on foot inside the pr oject boundary, including a 300- foot buffer for passerines (song birds) and 500- foot buffer for raptors in areas of suitable habitat. Inaccessible areas will be surveyed using binoculars to the extent practical. If nests are found, an avoidance buffer (dependent up on species, the proposed work activity, the existing disturbances associated with land uses outside of the site) shall b e determined and demarcated by the biologist with bright orange construction fencing, flagging, construction lathe, or other me ans to mark the boundary. If a raptor nest is observed in a tree proposed for removal, the applicant must consult with CDFW. All construction personnel be notified of the existence of the buffer zone and to avoid entering the buffer zone during nesting sea son. No g round disturbing activities shall occur within this buffer area until the avian biologist has confirmed the breeding/nesting is completed and the young have fledge the nest. Encroachment into the buffer shall occur only at the discretion of the qualified biologist.

Item 2B - Page 26
B
IO-2 Prior to any ground or habitat disturbance associated with any Covered Activity on a si te that provides potential burrowing owl habitat, the Covered Activity Proponent shall cause a pre-disturbance survey of the site to be conducted for presence of the species.

1. Surveys and relocation, if applicable, shall be conducted between September 1 and January 31. The Tribe and USFWS currently are working together to develop appropriate relocation protocols. It is anticipated that these pro tocols will, at a minimum, reflect the standards of the CDFG Staff Report on Burrowing Owl Mitigation (1995, as summarized below).

2. Owls shall be excluded from burrows within the approved limit of disturbance and an appropriate buffer zone as determined by a Qualified Biologist by installing one- way doors in burrow entrances or other technique as deemed appropriate by the Tribe. The biological monitor must ensure through appropriate means (e.g., monitoring for owl use, excavating burrows) that the burrows to be impacted are not being used. If active relocation methods are employed, the destination will be selected by the Tribe on a case -by-case basis to provide the greatest long- term conservation potential for the species (regardless of whether it is within t he Acti on Area). Factors to be considered include habitat characteristics, long- term viability, and the presence/status of existing populations of this species on the available sites based on available information or a site reconnaissance by a Qualified Bi ologist. Artificial burrows will be constructed at the receptor site under supervision of the Qualified Biologist. Artificial burrows shall not be required for passive relocation unless there is already conserved land immediately adjacent to the parcel from which the owls will be passively relocated.

Occupied burrows shall not be disturbed during the nesting seas on unless a Qualified Biologist verifies through non-invasive methods that either the birds have not begun egg laying and incubation or juvenil es from the occupied burrows are foraging independently and capable of independent survival.

BIO-3 The Applicant shall pay the THCP Mitigation Fee prior to building permit issuance
Cultural Resources

CUL-1 If buried cultural materials are discovered dur ing the earth- moving operations, all work in that area should be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds and, if necessary, develop a treatment pan in consultation with the City of Palm Springs and the appropriate Native American tribes.

Item 2B - Page 27

CUL-
2 In the unexpected event human remains are uncovered during construction ac tivities, all co nstruction work taking place within the vicinity of the discovered remains must cease and the necessary steps to ensure the integrity of the immediate area must be taken. The County Coroner must be notified within 24 hours of the discovery of human remains. If the remains discovered are determined by the coroner to be of Native American descent, the coroner shall c ontact the Native American Heritage Commission (NAHC) within 24 hours.

The NAHC would in turn contact the Most Likely Descendant (MLD) would determine further action to be taken. The MLD would have 48 hours to access the site and make a recommendation regar ding disposition of the remains.

With incorporation of the above- mentioned mitigation measures, all project -related impacts would be reduced to less than significant.

PLANNING DIVISION CONDITIONS

PLN 1. Prior to recordation of the final subdivision map, the developer shall submit for review and approval the following documents to the Planning Department which shall demonstrate that the project will be developed and maintained in accordance with the intent and purpose of the approved tentative map:
a. The document to convey title.
b. Deed restrictions, easements, covenant conditions and restrictions that are to be recorded.

PLN 2. Update of City’s Zoning Map. Upon approval of the proposed Change of Zone, the applicant shall be responsible for costs associated with update of the City’s GIS based zoning maps.

PLN 3. Development Permit and Architectural Review . Proposed homes to be reviewed by the Planning Commission and Architectural Review Committee for final site plan, building elevations, and landscape plan.

PLN 4. Ungated Development. Casa Verona shall remain as an ungated community within the Whitewater Club and Gene Autry Neighborhoods.

PLN 5. No off-site Parking. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shal l not be permitted to park off the proposed building site unless a parking management plan has been approved.

PLN 6. Pad Elevations . Final building pad elevations shall not vary more than 12 inches above or below the pad elevation established by the approved Item 2B - Page 28
prelim
inary grading plan and / or tentativ e map. Any devi ations from this provision shall require approval by the Planning Commission.

PLN 7. Prior to recordation of the final subdivision map, the developer shall submit for review and approval the following documents to the Planning D ivision which shall demonstrate th at the project will be develo ped and maintained in accordance with the intent and purpose of the approved tentative map:
a. Deed restrictions, easements, covenant conditions and restrictions that are to be recorded.
b. The approved documents shall be recorded at the same time that the subdivision map is recorded. The documents shall contain provisions for access into the proposed parcels. The approved documents shall contain a provision which provides that they may not be terminated or substantially amended without the consent of the City and the developer’s successor-in-interest.

CITY COUNCIL IMPOSED CONDTIONS
CC 1.

RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION
ALUC 1 Any new outdoor lighting installed shall be hooded or shielded to prevent either the spillage of lumens or reflection into the sk y. Outdoor lighting shall be downward facing.

ALUC 2 The following uses/a ctivities are not included in the proposed project and shall be prohibited at this site:
(a) Any use which would direct a steady light or flashing light of red, white, green, or amber colors associate d with air port operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport, other than an FAA-approved navigational signal light or visual approach slope indicator. (b) Any use which woul d cause su nlight to be reflected towards an aircraft engaged in an initial straight climb following tak eoff or towards an aircraft engaged in a straight final approach towards a landing at an airport. (c) Any u se which would generate smoke or water vapor or which would attract large concentrations of birds, or which may otherwise affect safe air navigation within the area. (Such uses include landscaping utilizing water features, aquaculture, pr oduction of cereal grains, sunflower, and row crops, composting operations, trash transfer stations that are open on one or more sides, recycling centers containing putrescible wastes, construction and demolition debris facilities, fly ash disposal, and incinerators.) Item 2B - Page 29
(d
) Any use which would generate electrical interference t hat may be detrimental to the operation of aircraft and/or aircraft instrumentation. (e) Children's schools, day care center s, libraries, hospitals, nursing homes, and highly noise-sensitive outdoor nonresidential uses, and hazards to flight.

ALUC 3 The att ached notice shall be given to all prospective purchasers and/or tenants of the property and shall be recorded as a deed notice.

ALUC 4 Any proposed detention basins or facilities shall be designed and maintai ned to provide for a maximum 48-hour detention period following the design storm and remain totally dry between rainfalls. Vegetation in and around the detention basins that would provide food or cover for birds would be incompatible with airport operations and shall not be utilized in proj ect landscaping. Trees shall be spaced so as to prevent large expanses of contiguous canopy, when mature . Landscaping in and around the detention basin(s) shall not include trees or shrubs tha t produce seeds, fruits, or berries.

Landscaping in the detention basin, if not rip -rap, should be in accordance with the guidance provided in ALUC "LANDSCAPING NEAR AI RPORTS" brochure, and the " AIRPORTS, WILDLIFE AND STORMWATER
MANAGEMENT" brochure available at R CALUC.ORG which lis t acceptable plants from Riverside C ounty Landsca ping Guide or other alternative landscaping as may be recommended by a qualified wildlife hazard biologist.

A notice s ign, in a form similar to that attached hereto, shall be perm anently affixed to the storm water basin with the following language: "There i s an airport nearby. This stormwater basin is designed to hold stormwater for only 48 hours and not attract birds. Proper maint enance is necessary to avoid bird strikes". The sign will als o include the name, telephone number or other contact i nformation of the person or entity responsible to monitor the stormwater basin.

ALUC 5. B uildings shall be limited to a maximum top point elevation of 521 feet above mean sea level, unless” Determination of No Hazard to Air Navigation” letter authorizing a higher top point elevations has been issues by the Federal Aviation Administration Obstructive Evaluations Service.

ALUC 6. During initial sales of properties within the newly created subdivi sions, large airport related informat ional signs shall be installed and maint ained by the developer. These signs shall be installed in conspicuous locations and shall clearly depict the proximity of the property to the airport and aircraft traffic pattens. The ALUC overflights informational brochure shall be provided to prospective purchasers showing the locations of aircraft flight patterns, the frequency of overflights, the typical altitudes of the aircraft, and the range of noise levels that can be exp ected from individual aircraft overflights, as well Item 2B - Page 30
and
Compatibility Factors exhibit form the Palm Springs International Airport Land Use Compatibility Plan.

FIRE DEPARTMENT CONDITIONS

FID 1. These Fir e Department conditions may not provide all requirem ents.

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

FID 2. Fire Department Conditions were based on the 2019 C alifornia Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix “T ” Development Requirements . This building will require fire sprinklers.

FID 3. 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.

FID 4. 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.

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, (cal culations Item 2B - Page 31
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.

FID 5. 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 an d 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.

FID 6. Fire Apparatus Access Roads: Detailed fire apparatus access roads shal l be submitted to the fire department for review and approval prior to construction. Plans shall include certification from a Reg istered Professional Engineer stating the roads are of all -weather construction and capable of supporting fire apparatus weighing 73,000 lbs. G.V.W.

FID 7. Designated Fire Lanes: In private developments, designated fire lane shall not be less than twenty-four(24)feet wide (curb face to curb face) with no parking on either side and s hall be identified as fire lanes with red curb(s), stating in white letteri ng “NO PARKING FIRE LANE”, or by approved signage, or by both red curb(s)with white lettering and signage.

FID 8. Grade for Fire Apparatus Roads: The grade of the fire apparatus access road shall be within the limits established by the fire code official based on the fire department’s apparatus. No grade shall exceed 12%. Grade transitions shall not exceed maximum angle of approach and angle of departure based on the fire department’s apparatus as determined by the fire code official.

FID 9. Secondary Access Roads: A secondary access road shall be provided for all developments with thirty (30) or more dwelling units.

FID 10. Dead-end Fire Apparatus Access Roads: Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. The City of Palm Springs has two (2) approved turn around provisions. One is a cul -de-sac with an outside turning radius of forty-five (45) feet from centerline; and the other is a hammerhead turnaround meeting the Palm Springs Public Works and Engineering Department standard dated 8/3/2016.

Item 2B - Page 32
ENG

INEERING DEPARTMENT 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 com pleted 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 ins pection and a 48-hour inspection notification is required.

ENG 2. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Services Department . The plan(s) shall be approved by the City Engineer prior to issuance of any building permits.

ENG 3. A sphalt concrete paving for streets prior to completion of on-site construction activities, will require additional paving requirements prior to acceptance of the street improvements, including, but not limited to:
removal and replacement of damaged asphalt concrete pavement , overlay, slurry seal, or other repairs, as required by the City Engineer.

ENG 4. The public street improvements outlined in these conditions of approval are intended to convey to the applicant an accurate scope of required improvements, however, the City Engineer reserves the right to require reasonable additional improvements as may be determined in the course of the review and approval of street improvement plans required by these conditions.

VERONA ROAD

ENG 5. Dedicate additional right-of-way to provide the ultimate half street right -of- way width of 25 feet along the entire frontage.

ENG 6. Construct a 6 inch curb and gutter, 18 feet north of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200.

ENG 7. Construct a 5 feet wide sidewalk behind the curb along the entire f rontage in accordance with City of Palm Springs Standard Drawing No. 210.

Item 2B - Page 33
E
NG 8. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 4 inches cru shed miscell aneous base wit h a minimum sub grade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to six (6) feet south of centerli ne along the entire frontage for a total pavement width of twenty four ( 24) feet in accordance with City of Palm Springs Standard Drawing No. 110. (Additional pavement removal and replacement may be required upon review of existing pavement cross-sections, and to ensure grade breaks of the pavement cross -section do not occur within a travel lane.) 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 sub mitted to the City Engineer for approval.

ENG 9. Install a redwood header along the new edge of pavement l ocated 6 feet south of centerline.

ENG 10. Remove and replace existing asphalt concrete pavement where r equired, in accordance with applicable City standards.

ENG 11. All broken or off grade street improvements along the project frontage shall be repaired or replaced.

LOTS B, C AND D ( INTERNAL PUBLIC STREETS)

ENG 12. Dedicate right-of-way of 50 feet and throughout the cul- de-sacs over Lot “B”, “C” a nd “D” , together with property line - corner cut backs at the northeast and southeast corners of the intersection of Lot “C” and Lot “D”, in accordance with City of Palm Springs Standard Drawing No. 105.

ENG 13. All on -site cul -de-sacs shall be constructed in acc ordance with City of Palm Springs Standard Drawing No. 101.

ENG 14. Construct 6 inch cur b and gutter, 18 feet from centerline along both sides of the internal public streets, with 25 feet radius curb returns, curb ramps, spandrels and cross gutters at all street intersections, in accordance with City of Palm Springs Standard Drawing No. 200, 206, 213.

ENG 15. Construct driveway approach(es) in accordance with City of Palm Springs Standard Drawing No. 201.

ENG 16. Construct a 5 feet wide sidewalk behind the curb along the entir e frontage in accordance with City of Palm Springs Standard Drawing No. 210.

Item 2B - Page 34
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NG 17. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 4 inches cru shed miscell aneous base wit h a minimum subgrade of 24 inches at 95% relative compaction, or equal, along the entir e street frontages in accordance with City of Palm Springs Standard Drawing No. 110. (Additional pavement removal and replacement may be required upon review of existing pavement cross- sections, and to ensure grade breaks o f the pavement cross -section do not occur within a travel la ne.) If an a lternative 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 approval from the Engineering Department.

SANITARY SEWER

ENG 18. All sanitary facilities shal l be connected to the public sewer system. New laterals shall not be connected at manholes.

ENG 19. Submit sewer improvement plans prepared by a California registered civil engineer to the Engineering Services D epartment. The plan(s ) shall be approved by the City Engineer prior to issuance of any building permits.

ENG 20. All sewer m ains constructed by t he developer and to become part of the City sewer system shall be digitally video recorded (Developer shall contact City treatment plant facility for acceptable digital video format) after const ruction and submitted to the City for review and a new video prior t o a cceptance of the sew er system (when project has been completed) for maintenance by the Ci ty. Any defects of the sewer main shall be removed, replaced, or repaired to the satisfaction of the City Engineer prior to acceptance.

ENG 21. Costs associated with design and construction of the of f-site sewer extension may be reimbursed, pursuant to a Sewer Construction Refund Agreement approved by the City Council , in acco rdance with the policies established by R esolution 13773, and amended by Resolution 15975.

Following completion and acceptance of the off -site sewer extension by the City Engineer, i f reimbursement is requested i n writ ing by the applicant, the applicant sh all submit a formal request for preparati on of a Sewer Construction Refund Agreement and a $2,500 deposit for City staff time a ssociated with the preparation of the Sewer Constructio n Refund Agreement, including City A ttorney fees. The applicant s hall be responsible for payment of all associated staff time and expenses necessary in the preparation and processing of the Sewer Const ruction Refund Agreement with the City Council, and shall submit addit ional deposits as necessary when requested by the City, which are included in the amount that may be reimbursed to the applicant through the Sewer Construction Refund Agreement. The Sewer Construction Refund Item 2B - Page 35
A
greement is subject to the City Council’s revie w and approval at a Public Hearing, and its approval is not guaranteed nor implied by this condition.

ENG 22. Upon completion of the construction of public sewer li nes, an as -built drawing in digital format shall be provided to the City as required by the City En gineer, if the sewer was not constructed in accordance with the original approved sewer plans.

GRADING

ENG 23. Submit a Precise Grading Plan prepared by a California registered C ivil engineer to the Engineering Services Department for review and approval.

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

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 shal l be required to comply with Chapter 8.5 0 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 Coachell a Valley Fugitive Dust Control Hand book 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 Qualit y 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 infor mation on attending a Fugitive Dust Contr ol Class and information on the Coachella Valley Fugitive Dust Control Handbook and related “PM10” Dust Control issues, please contact AQMD at (909) 396- 3752, or at http: //www.AQMD.gov . A
Fugitive Dust Control Plan, i n conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Services Departme nt prior to approval of the Gr ading plan.

b. The first submittal of the Grad ing Plan shall include the following information: a copy of final approved conformed copy of Condi tions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Ti tle Report; a c opy of Soils Report ; and a copy of the associated Hydrology Study/Report; a copy of t he project -specific Final Water Quality Management Plan.

ENG 24. Prior to approval of a Gr ading Plan (or issuance of a Grading Permit) , the applicant shall obtain written approval to proceed with construction from Item 2B - Page 36
t
he Agua Caliente Band of Cahuilla Indians, Tribal Historic Preserv ation Officer o r Tribal Archae ologist ( a copy of the written approv al must be provided to the City) . The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologi st at ACBCI- [email protected] to determi ne 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 appl icant to coordinate scheduling of T ribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring.

ENG 25. In accordance with an approved PM-10 Dust Control Plan, temporary dust control perimeter fencing shall be installed. Fencing shall have screening 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.

ENG 26. Temporary dust contro l p erimeter 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.

ENG 27. Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at l east 3 0 days, the disturbed areas on- site sh all 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 t he City Engineer.

ENG 28. Prior to issuance of grading permit, the applicant shall provide verification to the City that th e Tribal Habitat Conservation Plan (THCP) fee has been paid to the Agua Caliente Band of Cahuilla Indians in acc ordance with the THCP.

ENG 29. Drainage swales shall be provided adjacent t o all curbs and sidewalks to keep nuisance water from entering the public st reets, ro adways, or gutters.

ENG 30. A Notice of Intent (NOI) to comply with the California General Construction Stormwater Permit (Water Q uality Order 2009 -0009-DWQ as modi fied September 2, 2009) is required for the proposed development via the California Regional Water Quality Control Boar d online SMARTS system .

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

Item 2B - Page 37

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NG 31. This project requires preparation and implementation of a s tormwater pollution prevention plan (SWPPP). As of September 4, 2012, all SWPPPs shall inc lude a post -construction management plan (including Best Management Pr actices) in accordance with the current Construction General Permit. Where applicable, the appr oved final project -specific Water Quality Management Plan s hall be incorporated by reference or attached to the SWPPP as the P ost-Construction Management Plan. A copy of the up- to-date SWPPP shall be kept at the project sit e and be available for review upon request.

ENG 32. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall post with the C ity a cash bond of tw o thousand dollars ($2,000.00) per disturbed acre at the tim e of issuance o f grading permit for mitigation measures for erosion/blowsand relating to this property and development.

ENG 33. A Geotechnical/Soils Repor t prepared by a California r egistered 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.

ENG 34. The applicant shall provide all necessary geotechnical/soils ins pections and testing in accordance with the Geotechnical/Soils Report prepared for the project. All backfill, compaction, and other eart hwork shown on the approved grading plan shall be certified by a California registered geotechnical or civil engineer, c ertifying that all g rading was perf ormed in accordance with the Geotechnical/Soils Report prepared for the project. Documentation of all compaction and other soils testing are to be provided even tho ugh there may not be a grading plan for the project. Prior to issuance of Building Permits.

ENG 35. The applicant shall provide Grading Certification for all buil ding (or structure) pads in conformance with the approved gr ading plan to the Engineering Services Department for review and a pproval prior to issuance of Building Permits.

ENG 36. In cooperatio n with the California Agricultural Comm issioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permit s involv ing a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved “Notification of Intent T o Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties” ( Revised - RIFA Form CA -1) prior to app roval of the Grading Item 2B - Page 38
P
lan (if req uired). The California Department of Food and Agriculture office is located at 6819 East Ga ge Av enue, Commerce, Ca 90040 (Phone(760)782-3271,(562)505-6415),[email protected].

WATER QUALITY MANAGEMENT PLAN

ENG 37. This project sha ll be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP’s) included as part of t he NPDES Permit issued for the Whitewater River Region from the Colorado R iver B asin 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.

ENG 38. 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 bu ilding permit. The WQMP s hall address the implementation of operational Bes t Management Practi ces (BMP ’s) nece ssary to accommodate nuisance water and storm water runoff from the site. Direct release of nuisance water to the adjacent property (or publi c st reets) is prohibited. Co nstruction of operational BMP ’s shall be incorporated into the Precise Grading and Paving Plan.

ENG 39. P rior 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 st andardized form to inform future property owners of the r equirement to implement and maintain the approved Final Project-Specific W ater Quality Management Plan (WQM P). Other alternative instruments for requiring impl ementation of the approved Final Project-Specific WQMP include: requiring the implementation of t he Final Project-Specific WQMP in Home Owners Association or Property Owner Association Co venants, Conditions, and Restri ctions (CC&Rs); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Community Service Areas responsible for implementing the Final P roject- Specific WQMP; or equivalent. Alternati ve instruments must be approved by the City Engineer prior to issuance of any grading or building permits.

DRAINAGE

ENG 40. All stormwater runoff across the property shall be accepted and conveyed in a manner ac ceptable 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 an d treating with approved Best Management Practices (BMPs).

Item 2B - Page 39
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NG 41. A ll stor mwater runoff pass ing through and falling onto the site shall be accepted and conveyed to a new drainage system to be constructed as part of the development. An on -site retention basin and other storm drainage facilities approved by the City Engineer shall be required.

ENG 42. All stormwater runoff passing through the site shall be acc epted 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 t he City Engineer shall be required to contain the increased stormwater runoff ge nerated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to developm ent of the site , and to d etermine 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 ret ention basins. On- site open space, in conj unction with dry wells and other subsurface solutions should be considered as alterna tives to using landscaped parkways for on-site retention.

ENG 43. The project is subject to flood control and drainage i mplementation fees.

The acreage drainage fee at the present time is $ 7287.76 per acre i n accordance with Resolution No. 15189. Fees shall be paid prior to issuance of a building permit.

ENG 44. Submit sto rm drain i mprovement plans for all on- site storm drainage system facilities for review and approval by the City Engineer.

GENERAL

ENG 45. Any utility trenches or other excavations within existin g asphalt concrete pavement of off -site streets required by the proposed dev elopment shall be backfilled and repaired in accor dance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, pav ing and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies fo r utilities installed for the benefit of the proposed development (i.e. Desert Wat er Agency, Southern California E dison, Southern California Gas Company , Time Warner, Ver izon, Mission Springs Water District, etc.). Multiple ex cavations, trenches, and other street cuts within existing asphalt concre te pavement of off -site streets required by the proposed development may require complete grinding and Item 2B - Page 40
as
phalt concrete overlay of the affected off -site streets, at the discretion of the City Engineer. The pavement condition of the existing off -site streets shall be returned to a condition equal to or better than existed pr ior to construction of the proposed development.

ENG 46. All proposed utility lines shall be installed underground.

ENG 47. I n accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and simi lar service wires or lines, which are on- site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in Gener al Or ders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existi ng overhead utilities across the southerly property l ine, meet the requirement to be installed underground. Utility undergrounding shall extend to the nearest of f-site power pole; no new power poles shall be installed unless otherwise approved by the City Engineer. A letter f rom t he owners of the affected utili ties shall be submitted to the Engineering Services Dep artment prior to a pproval of a grading plan, infor ming the City that they have been notified of the City’s utility undergrounding requirement and their intent to commence design of utility u ndergrounding plans. When available, the utility undergrounding plan shall be submit ted to the Engineering Services Department identifying all above ground facilities in the area of the project to be undergrounded. Undergrounding of existing overhead utility lines shall be completed prior to issuance of a certificate of occupancy.

ENG 48. 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.

ENG 49. Upon approval of any improvement plan (if required) by the City Engin eer, the improvement plan shall be provid ed to the City in digital format, consisting of a DWG (Au toCAD drawing filetype ), DXF (AutoCAD ASCII drawing exchange filetype ), and PDF (Adobe Acrobat document filetype) 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.

ENG 50. The original improv ement plans prepared for the proposed devel opment 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 modificat ions or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction.

Item 2B - Page 41
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NG 51. Nothing shall be constructed or planted in the corner cut -off area of any intersection or driveway which does or will exceed the height required to maintain an a ppropriate sight distance per City of Pa lm Springs Zoning Code Section 93.02.00, D.

ENG 52. All proposed tre es within the p ublic 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.

MAP

ENG 53. The developer shall apply for an annexation to the City of Palm Springs Community F acilities Distric t est ablished for p ublic safety services and submit required applications, waivers, and consent forms to the annexation prior to approval of a final map. Payment of an annexation fee ($7,500) and shall be made at the time of the applicati on. The annexation shall be completed by action of the ci ty council in a public hearing, prior to processing a final map for approval.

ENG 54. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Services Department for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lo ts created therefrom, and copies of recor d documents shall be submitted with the Final Map to the Engineering Services Department as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits.

ENG 55. In accordance with Government Co de Section 66411.1 (b), the Tentative Parcel Map is a subdivision of five or more lots (parcels), and is subject to construction of al l required public improvements. Prior to approval of a Parcel Map, all required public improvements shall be completed to the satisfaction of the City Engineer, or shall be secured b y a co nstruction agreement in accordance with Government Code Section 66462.

ENG 56. Acceptance of public improvements required of this de velopment shall be completed by resolution of the City Council to release the faithful performance bond and acceptance of replacement maintenance bond to be hel d for one year. An inspection will b e performed nine months after said acceptance as part of the notice of completion pr ocess, a notice of completion will be filed certifying the improvements are complete.

Item 2B - Page 42
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AFFIC

ENG 57. A minimum of 48 inches of clearance for accessibility s hall be provided on public sidewalks. M inimum clea rance on public sidewalks sh all be provided by either an additio nal dedication of a sidewalk easem ent if necessary and w idening of the sidewalk , or by the relocation of any obstructions within the public sidewalk along the frontage of the subjec t property.

ENG 58. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy.

ENG 59. Install street name signs, stop signs, stop bars, and “STO P” legends as necessary at all intersecti ons in accordance wi th City of Palm Springs Standard D rawing Nos. 620 -625 and the Cali fornia M anual on Uniform Traffic Control Devices for Streets and Highways, dated January 13, 2012, or subsequent editions in force at the time of construction, as required by the City Engineer.

ENG 60. Construction signing, lighting and barricading shall be provi ded during all phases of construction as required by City Standards or as directed by the City Engineer. As a minimum, all constr uction si gning, light ing and barricading shall be in accordance with Part 6 “Temporary Traffic Control” of the California Manual on U niform Traffic Control Device s (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction.

ENG 61. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit.

END OF CONDITIONS
Item 2B - Page 43

ATTACHMENT C
Item 2B - Page 44

O
RDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1527 CZ,

CHANGE OF ZONE, TO AMEND THE CURRENT ZONING
DESIGNATION OF ‘SINGLE FAMILY RESIDENTIAL (R -1-D)’
(7,500-SQUARE FOOT LOT) TO ‘SINGLE-FAMILY RESIDENTIAL
(R-1-E)’ (5,000-SQUARE FOOT LOT) FOR THE SUBDIVISION OF A 6.44 -ACRE LOT INTO THIRTY -ONE (31) SINGLE -FAMILY

RESIDENTIAL PARCELS FOR FUTURE DEVELOPMENT AT THE
EAST TERMINUS OF VERONA ROAD.

City Attorney’s Summary
This ordinance amends the zoning designation of certain property located at the east terminus of Verona Road from ‘ Single Family Residential (R -1-D)’ (7,500 square foot lot minimum) to ‘Single Family Residential’ (R-1- E)’ (5,000 square foot lot minimum) in order to perm it the subdivision of thirty -one (31) single- family residential parcels for development to R-1-E zoning standards. The ordinance also makes certain findings required by the Palm Springs Municipal Code for zoning changes to land.

THE CITY COUNCIL OF THE CITY OF PALM SPRIN GS FINDS AND DETERMINES AS FOLLOWS:

A. Casa Verona LLC/Mark Temple, (“Applicant”) has submitted applications with the City pursuant to Chapter 94.07.00 of Palm Springs Zoning Code for a Change of Zone request to change the current zoning designation of the s ubject parcel from single-family residential R -1-D (7,500- square foot lot) to R -1-E (5,000-square foot lot) and pursuant to Chapter 9.62 of the City’s Municipal Code for a Tentative Tract Map (TTM 38042), to subdivide the vacant 6.44-acre parcel into thirt y-one (31) singl e-family residential lots for the purpose of constructing new homes (APN 677-020-032) (“Project”).

B. The Project is considered a “project” by the California Environmental Quality Act (CEQA).

D. The City received no written comments on the circulated MND and a Notice of Determination (NOD) was prepared and filed.

Item 2B - Page 45

E. O
n July 14, 2022, the P roject was reviewed by the Riverside County Airport Land Use Commission (ALUC) and was found consistent with the Airport Compatibility Plan subject to conditions which have been incorporated in the final Conditions of Approval for the Project.

F. On September 14, 2022, the Planning Commission held a duly noticed public hearing where it reviewed the Project and voted 6-0-1 (absent, Aylaian) to recommend approval of the request to change the current zoning designation of single-family residential R-1-D (7,500-square foot lot) to R-1-E (5,000-square foot lot); recommend adoption of a Mitigated Negative Declaration; and recommend approval of a Tentative Tract Map to subdivide a 6.44 -acre parcel into thirty -one (31) lots.

G. On October 17, 2022, the City Council held a duly noticed public hearing on the Project in accordance with applicable law. The City Council carefully reviewed and considered the information contained in the MND, all of the evidence presented in connection with the meetings on the Project including, but not limited to, staff reports on all aspects of the Project, and all written and oral testimony presented, and found the MND to be in compliance with CEQA and found that any potentially significant environmental impacts outlined in the report will be adequately mitigated to less that significant levels.

H. At the conclusion of the October 17 , 2022 public hearing, introduced and waived further reading of this O rdinance adopting the final MND and to change the current zoning designation of single- family residential R-1- D (7,500- square foot lot) to R -1-E (5,000-square foot l ot), and approved by separate resolution a Tentative Tract Map to subdivide the 6.44-acre Project parcel into thirty-one (31) residential lots, subject to adoption of this Ordinance.

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

SECTION 1:

The City Council hereby finds that the Project/this Ordinance is considered a “project” pursuant to the California Environmental Quality Act (CEQA). An Initial Study has been prepared for the Project that evaluates the potential environmental impacts of the Project resulting in a Mitigated Negative Declaration (MND). The City Council has reviewed and considered the information in the Initial Study and hereby certifies the final Mitigated Negative Declaration in accordance with CEQA.

SECTION 2:

Pursuant to Zoning Code Section 94.07.00(A) – “ the council in reviewing a proposed change of zone shall consider whether the following conditions exist in Item 2B - Page 46
r
eference to the proposed zoning of the subject property”:

1. The proposed change of zone is in conformity with the general plan map and report.

The requested change of zone is from R -1-D (7,500- square foot lot) to R -1-E (5,000-square foot lot); the General Plan designation of the property is LDR (Low Density Residential), which permits a density range of 4.1 to 6.0 dwelling units per acre. The proposed change of zone would be in conformity with the general plan land use designation given that the goal of the General Plan is to provide for neighborhood-related residential uses in the area. The proposed change of zone is being made in accordance with the procedures set forth in State Planning law and the change of zone hearings are being held in accordance with applicable laws.

The proposed change of zone will not require an amendment to the General Plan because the R-1-E zoning district is consistent with the LDR designation, which is for low density residential uses. The proposed change of zone will result in the creation of thirty -one (31) lots, which is c onsistent with the general plan for the low density of the subject site allowing twenty -six (26) to thirty -eight (38) units at this site. The Tentative Tract Map shows the street and parcel layouts with required water retention basins resulting in the proposed thirty -one (31) lots with limit area to increase the number.

The City of Palm Springs General Plan provides a series of goals and objectives in the Housing Element. The approval of the requested Change of Zone will further advance the following:

Goal HS1 – Facilitate a broad range of housing types, prices, and opportunities to address current and future housing needs in the community.
• HS1 – Provide adequate residential sites to accommodate new housing through land use, zoning, and specific plan
designations.
• HS1.4 – Review and rev ise development standards as available land continues to diminish and housing demand increases, the City will need to consider higher density housing opportunities, particularly on underutilized land.

The proposed Change of Zone will allow for smaller lots and greater density housing as stated in the General Plan goals and objectives.

Item 2B - Page 47
T
he application proposes thirty-one (31) lots each of which are conforming to the minimum size and dimensional requirements for the R -1-E zone. The area in which the subject 6.44- acre parcel is in the Gene Autry and Whitewater neighborhoods consisting primarily of single- family residences and the proposed development is consistent with the current development patterns. The development is served by the existing East Verona Road which will be extended to meet the development and will be well integrated into the fabric of the area.

Therefore, the property is adequate in size and consistent with surrounding development as demonstrated by the new subdivision and suitable for the uses permitted in the proposed zone.

3. The proposed change of zone is necessary and proper at this time and is not likely to be detrimental to the adjacent property or residents.

The proposed Change of Zone of the approximately 6.44- acre parcel to R-1-E is proper at this time given that the parcel has remained undeveloped. The proposed change will allow the property to be developed appropriately and thereby help the City to meet its stated housing goals and needs by increasing density. The proposed zone change will not have adverse effects on existing and future surrounding land uses given that future properties and existing homes to the west, north and south of the site are also residential uses. The potential use of zero-lot line development will be separated from adjacent land uses due to the physical location of the lot at the terminus of East Verona Road and the existing Whitewater Channel. The change of zone request allows consistency in development patterns and proposed uses that are similar to those in adjacent parcels. The parcels to the south are currently undeveloped and by making the Change of Zone at this time, future development patterns may emerge that are complementary and consistent with one another. For these reasons, the ch ange of zone is necessary and proper at this time and poses no detrimental impact on adjacent properties.

SECTION 3:

Pursuant to California Law, this ordinance was introduced at first reading on October 1 7, 2022 and adopted at second reading on _____, 2022 for the approval of Case 5.1 527-CZ Change of Zone and the Mitigated Negative Declaration.

SECTION 4:

The City Council adopts an ordinance to amend the City’s zoning map to change the zoning designation from R-1- D (Single -Family Residential – 7,500 square feet) to R-1-E (Single-Family Residential - 5,000 square feet) for an undeveloped

6.44-acre site located at th e east terminus of Verona Road, subject to the conditions of approval as outlined in attached Exhibit “A.”

Item 2B - Page 48

SECTION 5:

Effective Date: This Ordinance shall be in full force and effect thirty (30) days after passage.

SECTION 6:

Publication: The City Clerk is hereby ordered to and directed to certify to the passage of this Ordinance, and to cause the same or summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law.

ADOPTED this ______ day of October, 2022.

Lisa Middleton, Mayor

ATTEST:

________________________________
Brenda Pree, City Clerk
Item 2B - Page 49

ATTACHMENT D
Item 2B - Page 50
;,.

RESOLUTION NO. 6922

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING

APPROVAL TO THE CITY COUNCIL OF A CHANGE OF ZONE
APPLICATION FOR AN UNDEVELOPED 6.44-ACRE PARCEL
FROM SINGLE-FAMILY RESIDENTIAL R-1-D (7,500-SQUARE
FOOT LOT) TO R-1-E (5,000-SQUARE FOOT LOT); ADOPTION
OF A MITIGATED NEGATIVE DECLARATION PER CEQA; AND
A TENTATIVE TRACT MAP; TIM 38042 TO SUBDIVIDE THE
PARCEL INTO THIRTY-ONE (31) SINGLE-FAMILY

RESIDENTIAL LOTS LOCATED AT THE EAST TERMINUS OF
VERONA ROAD, ZONE R-1-D. (CASE NOS. 5.1527 CZ & TIM
38402)
THE PLANNING COMMISSION FINDS AND DETERMINES AS FOLLOWS:

A. Mark Temple, ("Applicant") has submitted applications with the City pursuant to Chapter 94.07.00 of Palm Springs Zoning Code for a Change of Zone request to change the current zoning designation of the subject parcel (see below) single-family residential R-1-D (7,500-square foot lot) to R-1-E (5,000-square foot lot) and pursuant to Chapter 9.62 of the City's Municipal Code for a tentative tract map (TIM 38042), to subdivide a vacant 6.44-acre parcel into thirty-one (31) single-family residential lots for the purpose of constructing new homes. The application includes the adoption of a Mitigated Negative Declaration to meet the requirements of the California Environmental Quality Act (CEQA). The project has been reviewed by the Riverside County Airport Land Use Commission (ALUC) due to the lot's location at the north end of the Palm Springs International Airport.

B. A notice of the public hearing for Cases 5.1527-CZ and TIM 38042 was given in accordance with applicable law.

C. On July 14, 2022, the project was reviewed by the Riverside County Airport Land Use Commission (ALUC) and was found consistent with the Airport Compatibility Plan subject to conditions which have been incorporated in the final Conditions of Approval as Attachment A.

D. ·on September 14, 2022, a public hearing on the proposed Change of Zone Case

5.1527-CZ and Tentative Tract Map; TIM 38042 was held by the Planning Commission in accordance with applicable law.

E. The Planning Commission has 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 presented.

Item 2B - Page 51
Planning
Commission
Resolution
No.
6922
Case
TTM
38042
&

5.1527-CZ
September
14,
2022
Page
2 of
6 F.

The
proposed
project
associated
with
the
above
applications
("Project")
is
considered
a
"project"
pursuant
to
the
terms
of
the
California
Environmental
Quality
Act
("CEQA"). G.

On
March
29,
2022,
the
City
issued
a
Notice
of
Intent
(NOi)
on
the
project
indicating
that
a
draft
Initial
Study
and
Mitigated
Negative
Declaration
had
been
prepared
and
circulated
to
responsible
agencies
and
interested
groups
and
individuals
for
a
20-day
review
and
comment
period.

The
comment
period
ran
from
April
1,
2022
to
April
20,
2022.

The
Draft
Initial
Study
and
Mitigated
Negative
Declaration
(MND)
was
prepared
to
analyze
and
evaluate
the
potentially
adverse
environmental
impacts
that
could
result
from
approval
of
the
Project.

The
Initial
Study/Mitigated
Negative
Declaration
determined
that
the
implementation
of
mitigation
measures
(as
attached
with
Conditions
of
Approval)
will
result
in
the
project
not
having
a
significant
effect
on
the
environment.

THE

PLANNING

COMMISSION
HEREBY
FINDS
AS
FOLLOWS:

Section
1:

Section

94.07.00(A)
of
the
Palm
Springs
Zoning
Code
(PSZC)
requires
that
the
following
findings
be
made
to
justify
a
Change
of
Zone
application.

The
Planning
Commission
hereby
finds
as
follows:

1. The
proposed
change
of
zone
is
in
conformity
with
the
general
plan
map
and
report.

The
requested
change
of
zone
is
from
R-1-D
(7,500-square
foot
lot)
to
R-1-E
(5,000-
square
foot
lot);
the
General
Plan
designation
of
the
property
is
LOR
(Low
Density
Residential),
which
permits
a
density
range
of

4.1 to

6.0 dwelling
units
per
acre.

The
proposed
change
of
zone
would
be
in
conformity
with
the
general
plan
land
use
designation
given
that
the
goal
of
the
General
Plan
is
to
provide
for
neighborhood
related
residential
uses
in
the
area.

The
proposed
change
of
zone
is
being
made
in
accordance
with
the
procedures
set
forth
in
State
Planning
law
and
the
change
of
zone
hearings
are
being
held
in
accordance
with
applicable
laws.

The
proposed
change
of
zone
will
not
require
an
amendment
to
the
General
Plan
because
the
R-1-E
zoning
district
is
consistent
with
the
LOR
designation,
which
is
for
low
density
residential
uses.

The
proposed
change
of
zone
will
result
in
the
creation
of
thirty-one
(31)
lots,
which
is
consistent
with
the
general
plan
for
the
low
density
of
the
subject
site
allowing
twenty-six
(26)
to
thirty-eight
(38)
units
at
this
site.

The
Tentative
Tract
Map
shows
the
street
and
parcel
layouts
with
required
water
retention
basins
resulting
in
the
proposed
thirty-one
(31)
lots
with
limit
area
to
increase
the
number.
2 Item 2B - Page 52
Planning
Commission
Resolution
No.
6922
Case
TTM
38042
&

5.1527-CZ
September
14,
2022
Page
3 of
6 The
City
of
Palm
Springs
General
Plan
provides
a
series
of
goals
and
objectives
in
the
Housing
Element.

The
approval
of
the
requested
Change
of
Zone
will
further
advance
the
following: •
Goal
HS
1-
Facilitate
a
broad
range
of
housing
types,
prices,
and
opportunities
to
address
current
and
future
housing
needs
in
the
community
.
o
HS1
-
Provide
adequate
residential
sites
to
accommodate
new
housing
through
land
use,
zoning,
and
specific
plan
designations.
o
HS1
.4
-
Review
and
revise
development
standards
as
available
land
continues
to
diminish
and
housing
demand
increases,
the
City
will
need
to
consider
higher
density
housing
opportunities,
particularly
on
underutilized
land.

The
proposed
Change
of
Zone
will
allow
for
smaller
lots
and
greater
density
housing
as
stated
in
the
General
Plan
goals
and
objectives.

2. The
subject
property
is
suitable
for
the
uses
permitted
in
the
proposed
zone,
in
terms
of
access,
size
of
parcel,
relationship
to
similar
or
related
uses,
and
other
considerations
deemed
relevant
by
the
commission
and
council.

The
application
proposes
thirty-one
(31)
lots
each
of
which
are
conforming
to
the
minimum
size
and
dimensional
requirements
for the
R-1-E
zone.

The
area
in
which
the
subject

6.44-acre
parcel
is
in
the
Gene
Autry
and
Whitewater
neighborhoods
consisting
primarily
of
single-family
residences
and
the
proposed
development
is
consistent
with
the
current
development
patterns.

The
development
is
served
by
the
existing
East
Verona
Road
which
will
be
extended
to
meet
the
development
and
will
be
well
integrated
into
the
fabric
of
the
area. Therefore,
the
Commission
concluded
that
the
property
is
adequate
in
size
and
consistent
with
surrounding
development
as
demonstrated
by
the
new
subdivision
and
suitable
for
the
uses
permitted
in
the
proposed
zone.

3. The
proposed
change
of
zone
is
necessary
and
proper
at
this
time
and
is
not
likely
to
be
detrimental
to
the
adjacent
property
or
residents.

The
proposed
Change
of
Zone
of
the
approximately

6.44-acre
parcel
to
R-1-E
is
proper
at
this
time
given
that
the
parcel
has
remained
undeveloped.

The
proposed
change
will
allow
the
property
to
be
developed
appropriately
and
thereby
help
the
City
to
meet
its
stated
housing
goals
and
needs
by
increasing
density.

The
proposed
zone
change
will
not
have
adverse
effects
on
existing
and
future
surrounding
land
uses
given
that
future
properties
and
existing
homes
to
the
west,
north
and
south
of
the
site
are
also
residential
uses.

The
potential
use
of
zero-k>t
line
development
will
be
separated
from
adjacent
land
uses
due
to
the
physical
location
of
the
lot
at
the
terminus
of
East
Verona
Road
and
the
existing
Whitewater
Channel.

The
change
of
zone
request
allows
consistency
in
development
patterns
and
proposed
uses
that
are
similar
to
those
in
adjacent
parcels.

The
parcels
to
the
south
are
currently
undeveloped
and
by
making
3 Item 2B - Page 53
Planning
Commission
Resolution
No.
6922
Case
TTM
38042
&

5.1527-CZ
September
14,
2022
Page
4 of
6 the
Change
of
Zone
at
this
time,
future
development patterns
may
emerge
that
are
complementary
and
consistent
with
one
another.

For
these
reasons,
the
change
of
zone
is
necessary
and
proper
at
this
time
and
poses
no
detrimental
impact
on
adjacent
properties. Section
2:

Pursuant
to
Municipal
Code
Chapter

9.64 (Maps)
and
the
State
of
California
Subdivision
Map
Act
Section
66474,
the
Planning
Commission
finds
as
follows:

1. The
proposed
Tentative
Tract
Map
or
Tentative
Parcel
Map
is
consistent
with
all
applicable
general
and
specific
plans.

The
Tentative
Tract
Map
proposes
the
creation
of
thirty-one
(31)
single-family
residential
lots
ranging
in
size
from
5,300
to
5,400-square
feet
in
size.

The
General
Plan
designation
of
the
parcel
is
LOR;
this
designation
allows
low
density
residential
development
ranging
from

4.1 to

6.0 units
per
acre.

If
approved,
the
proposed
tentative
parcel
map
will
result
in
the
potential
development
of
thirty-one
(31)
single-family
residences
at
a
density
of

4.8 dwelling
units
per
acre.

The
future
use
will
meet
the
density
requirement
for
Low
Density
Residential
(LOR)
consistent
with
the
General
Plan
land
use
designation,
and
thus,
this
finding
has
been
met.

2. The
design
and
improvements
of
the
proposed
Tentative
Tract
Map
or
Tentative
Parcel
Map
are
consistent
with
the
zone
in
which
the
property
is
located.

Pursuant
to
Government
Code
Section
66473.5,
the
proposed
subdivision
is
compatible
with
the
objectives,
polices,
and
general
land
uses
provided
in
the
City's
General
Plan,
given
that
the
thirty-one
(31)
proposed
lots
reflect
the
Low-Density
Residential
designation
of
the
General
Plan.

The
subdivision
will
also
be
compatible
with
adjacent
existing
single-family
homes
located
to
the
west
and
zoned
R-1-C
(10,000-square
foot
lots).

The
completion
of
the
subdivision
will
result
in
the
extension
of
East
Verona
Road
plus
new
internal
streets
with
curbs
and
gutters
and
sidewalks.

All
future
access
points,
circulation
and
other
improvements
within
the
site
will
be
subject
to
the
Conditions
of
Approval
associated
with
TTM
38042.

3. The
site
is
physically
suited
for
this
type
of
development.

The

6.44-acre
parcel
is
relatively
flat
and
adequate
in
size
to
accommodate
the
future
thirty-one
(31)
residences,
streets
and
on
site
water
retention
basin
meeting
all
applicable
development
standards
of
the
R-1-E
zone.

Proposed
conditions
of
approval
will
address
all
required
site
modifications
consistent
with
City
Standards
and
will
assure
safe
access
to
the
existing
public
streets.
4 Item 2B - Page 54
\
Planning
Commission
Resolution
No.
6922
Case
TTM
38042
&

5.1527-CZ
September
14,
2022
Page
5 of
6 4.

The
site
is
physically
suited
for
the
proposed
density
of
development.

The
proposed
thirty-one
(31)
lot
subdivision
will
be
on
a

6.44-acre
parcel;
the
lot
sizes
are
consistent
with
the
allowable
density
of

4.1 to

6.0 dwelling
units
per
acre
in
the
LOR
General
Plan
designation.

In
addition,
the
R-1-E
zone
requires
a
minimum
lot
size
of
5,000-square
feet;
the
proposed
lot
sizes
range
between
5,300
to
5,400-square
feet
and
each
lot
is
relatively
flat
and
can
accommodate
a
typical
single-family
dwelling.

5. The
design
of
the
subdivision
is
not
likely
to
cause
environmental
damage
or
substantially
and
avoidably
injure
fish,
wildlife,
or
their
habitats.

The
site
is
currently
ungraded
with
minimal
vegetation.

A
complete
environmental
analysis
has
been
prepared
and
a
Mitigated
Negative
Declaration
determination
has
been
made
relative
to
any
potential
environmental
impacts.

The
CEQA
(MND)
analysis
reviewed
impacts
to
the
biological,
cultural,
traffic,
greenhouse
gas
emissions,
hydrology,
noise,
utilities,
and
wildlife.

The
site
has
not
been
previously
identified
as
a
habitat
area.

The
design
of
the
proposed
subdivision
as
determined
by
the
CEQA
analysis
will
not
cause
environmental
damage
or
injure
fish
or
wildlife
or
their
habitat
because
it
is
an
infill
lot
that
is
not
within
any
identified
habitat
or
conservation
area,
therefore,
there
will
be
no
environmental
damage
as
a
result
of
the
proposed
tract
map.

6. The
design
of
the
subdivision
or
type
of
improvements
is
not
likely
to
cause
serious
public
health
problems.

The
design
of
the
proposed
subdivision
meets
and
exceed
City
Standards
and
will
include
connections
to
all
public
utilities
including
water
and
sewer
systems.

The
extension
of
East
Verona
Road
as
a
public
street
with
private
internal
roadways
built
to
City
standards·
will
provide
access
to
the
new
lots.

The
subdivision
will
be
ungated
with
pedestrian
sidewalks
connecting
the
development
to
the
adjacent
neighborhood.

7. The
design
of
the
subdivision
or
type
of
improvements
will
not
conflict
with
easements,
acquired
by
the
public
at
large,
for
access
through
or
use
of
the
property
within
the
proposed
subdivision.

There
are
no
known
public
easements
across
the
subject
property;
therefore,
the
design
of
the
thirty-one
(31)
tract
map
will
not
conflict
with
easements
for
access
through
or
use
of
the
property.

Any
utility
easements
can
be
accommodated
within
the
project
design.
5 Item 2B - Page 55
Planning
Commission
Resolution
No.
6922
Case
TTM
38042
& 5
.1527-CZ
THE

PLANNING

COMMISSION
RESOLVES:

September
14,
2022
Page
6 of
6 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
Resolutions.

Based
upon
the
foregoing,
the
Planning
Commission
hereby
recommend
approvals
to
the
City
Council
of
the
Change
of
Zone
application
Case

5.1527-CZ
and
Tentative
Tract
Map
(TPM
38042)
application
subject
to
the
conditions
set
forth
in
the
attached
Exhibit
A.

ADOPTED THIS
14 th
DAY
OF

SEPTEMBER,
2022.

AYES: ABSENT: ATTEST: olli
ERVIN,

HIRSCHBEIN,

MILLER,

MORUZZI,

ROBERTS,
. WEREMIUK

AYLAIAN
CITY
OF
PALM

SPRINGS,

CALIFORNIA
Christopher
Hadwin
Director
of
Planning
Services
6 /
Item 2B - Page 56

RESOLUTION
NO.
6 EXHIBIT
A
PALM
SPRINGS.

CALIFORNIA,
PlANNING
DEP

ARTMENT

PLANNING

COMMISSION
APP
RO
VAL
Da
ta
'i/1'4lt~
,S.
l~1
c.
-z_.

Reso
No.
6 f +as-
Planner:

G""'
Cases:

Change
of
Zone

5.1527-CZ
&
Tentative
Tract
Map
38042
Casa
Verona
September
14,
2022

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
TTM
38042
and

5.1527-CZ,
except
as
modified
the
conditions
below.

ADM

2. Tentative
Tract
Map.

This
approval
is
for
Tentative
Tract
Map
TTM
38042
located
at
easterly
terminus
of
Verona
Road
with
plans
date
stamped
August
25,
2022,
and
on
file
in
the
Planning
Division
except
as
modified
by
the
conditions
below.

This
approval
shall
be
subject
to
all
applicable
regulations
of
the
Subdivision
Map
Act,
the
Palm
Springs
Municipal
Code,
and
any
other
applicable
City
Codes,
ordinances
and
resolutions.

ADM

3. 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

4. Minor
Deviations.

The
Development
Services
Director
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

5. Indemnification.

The
owner
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
Change
of
Zone

5.1517-CZ
&
Tentative
Tract
Map
38042.

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
Item 2B - Page 57
l·
--~
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Plannlng
Commission
Resol
ution
No.
-6922
Case
No.

5.1527
CZ
I TIM
38042
September
14,
2022
either
undertake
defense
of
the
matter
and
pay
the
City's
associated
legal
costs
or
will
advance
funds
to
pay
for
defense
of
the
matter
by
the
City
Attorney.

If
the
City
of
Palm
Springs
fails
to
promptly
notify
the
applicant
of
any
such
claim,
action
or
proceeding
or
fails
to
cooperate
fully
in
the
defense,
the
applicant
shall
not,
thereafter,
be
responsible
to
defend,
indemnify,
or
hold
harmless
the
City
of
Palm
Springs
.

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

ADM

6. Time
Limit
on
Approval.

Approval
of
the
Tentative
Tract
Map
(TIM
38042)
shall
be
valid
for
two
(2)
years
from
the
effective
date
of
approval
unless
an
extension
of
time
is
granted
by
the
Subdivision
Map
Act
and
or
the
Planning
Commission.

Extensions
of
time
may
be
granted
by
the
Planning
Commission
upon
demonstration
of
good
cause.

ADM

7. 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

8. Park
Development
Fees.

The
developer
shall
dedicate
land
or
pay
a
fee
in
lieu
of
a
dedication,
at
the
option
of
the
City.

The
in-lieu
fee
shall
be
computed
pursuant
to
Ordinance
No.
1632,
Section
IV,
by
multiplying
the
area
of
park
to
be
dedicated
by
the
fair
market
value
of
the
land
being
developed
plus
the
cost
to
acquire
and
improve
the
property
plus
the
fair
share
contribution,
less
any
credit
given
by
the
City,
as
may
be
reasonably
determined
by
the
City
based
upon
the
formula
contained
in
Ordinance
No.
1632.

In
accordance
with
the
Ordinance,
the
following
areas
or
features
shall
not
be
eligible
for
private
park
credit:
golf
courses,
yards,
court
areas,
setbacks,
development
edges,
slopes
in
hillside
areas
(unless
the
area
includes
a
public
trail)
landscaped
development
entries,
meandering
streams,
land
held
as
open
space
for
wildlife
habitat,
flood
retention
facilities
and
circulation
improvements
such
as
bicycle,
hiking
and
equestrian
trails
(unless
such
systems
are
directly
linked
to
the
City's
community-wide
system
and
shown
on
the
City's
master
plan).

ADM

9. Public
Art
Fees.

This
project
shall
be
subject
to
Chapters

2.24 and

3.37 of
the
Municipal
Code
regarding
public
art.

The
project
shall
either
provide
public
art
or
payment
of
an
in
lieu
fee.

In
the
case
of
the
in-lieu
fee,
the
fee
shall
be
based
upon
the
total
building
permit
valuation
as
calculated
pursuant
to
the
valuation
table
in
the
Uniform
Building
Code,
the
fee
being
1 /2%
for
2 Item 2B - Page 58
Planning
Commission
Resolution
No.
6922
Case
No.

5.1527
CZ
I TTM
38042
September
14,
2022
commercial
projects
or
1 /4
%
for
residential
projects
with
first
$100,000
of
total
building
permit
valuation
for
individual
single-family
units
exempt.

Should
the
public
art
be
located
on
the
project
site,
said
location
shall
be
reviewed
and
approved
by
the
Director
of
Planning
and
the
Public
Arts
Commission,
and
the
property
owner
shall
enter
into
a
recorded
agreement
to
maintain
the
art
work
and
protect
the
public
rights
of
access
and
viewing.

ENVIRONMENTAL

ASSESSMENT

CONDITIONS
ENV

1. Coachella
Valley
Multiple-Species
Habitat
Conservation
Plan
(CVMSHCP)
Local
Development
Mitigation
Fee
(LDMF)
required.

All
projects
within
the
City
of
Palm
Springs,
not
within
the
Agua
Caliente
Band
of
Cahuilla
Indians
reservation
are
subject
to
payment
of
the

CVMSHCP
LDMF
prior
to
the
issuance
of
certificate
of
occupancy
or
as
determined
by
an
approved
Development
Agreement.

ENV

2. Mitigation
Monitoring.

In
accordance
with
Section
15063
of
the
CEQA
Guidelines,
the
City
of
Palm
Springs
(Lead
Agency)
conducted
an
Initial
Study
and
determined
that
the
proposed
project
could
have
a
significant
effect
on
the
environment.

The
Initial
Study
determined
the
project
will
not
have
a
significant
effect
on
the
environment
because
mitigation
measures
will
be
implemented
as
listed
below:

Biological
Resources
810-1
If
unavoidable
project
construction
activities
must
begin
during
the
nesting
bird
season
(February
1st
through
August
31st),
a
pre
construction
nesting
bird
survey
shall
be
conducted
no
more
than
14 days
prior
to
initiation
of
ground
disturbance
and
vegetation
removal
activities.

The
nesting
pre-construction
bird
survey
shall
be
conducted
by
a
biologist
familiar
with
identification
of
avian
species
known
to
occur
in
Riverside
County.

The
nesting
bird
survey
shall
be
conducted
on
foot
inside
the
project
boundary,
including
a
300-foot
buffer
for
passerines
(song
birds)
and
500-foot
buffer
for
raptors
in
areas
of
suitable
habitat.

Inaccessible
areas
will
be
surveyed
using
binoculars
to
the
extent
practical.

If
nests
are
found,
an
avoidance
buffer
(dependent
upon
species,
the
proposed
work
activity,
the
existing
. disturbances
associated
with
land
uses
outside
of
the
site)
shall
be
determined
and
demarcated
by
the
biologist
with
bright
orange
construction
fencing,
flagging,
construction
lathe,
or
other
means
to
mark
the
boundary.

If
a
raptor
nest
is
observed
in
a
tree
proposed
for
removal,
the
applicant
must
consult
with
CDFW.

All
construction
personnel
be
notified
of
the
existence
of
the
buffer
zone
and
to
avoid
3 Item 2B - Page 59
Planning
Commission Resolution
No.
6922
Case
No.

5.1527
CZ
I TTM
38042
September
14,
2022
entering
the
buffer
zone
during
nesting
season.

No
ground
disturbing
activities
shall
occur
within
this
buffer
area
until
the
avian
biologist
has
confirmed
the
breeding/nesting
is
completed
and
the
young
have
fledge
the
nest.

Encroachment
into
the
buffer
shall
occur
only
at
the
discretion
of
the
qualified
biologist.
810-2
Prior
to
any
ground
or
habitat
disturbance
associated
with
any
Covered
Activity
on
a
site
that
provides
potential
burrowing
owl
habitat,
the
Covered
Activity
Proponent
shall
cause
a
pre-disturbance
survey
of
the
site
to
be
conducted
for
presence
of
the
species.

1. Surveys
and
relocation,
if
applicable,
shall
be
conducted
between
September
1 and
January

31. The
Tribe
and
USFWS
currently
are
working
together
to
develop
appropriate
relocation
protocols.

It
is
anticipated
that
these
protocols
will,
at
a
minimum,
reflect
the
standards
of
the
CDFG
Staff
Report
on
Burrowing
Owl
Mitigation
(1995,
as
summarized
below).

The
biological
monitor
must
ensure
through
appropriate
means
(e.g.,
monitoring
for
owl
use,
excavating
burrows)
that
the
burrows
to
be
impacted
are
not
being
used.

If
active
relocation
methods
are
employed,
the
destination
will
be
selected
by
the
Tribe
on
a
case-by-case
basis
to
provide
the
greatest
long-term
conservation
potential
for
the
species
(regardless
of
whether
it
is
within
the
Action
Area).

Factors
to
be
considered
include
habitat
characteristics,
long-term
viability,
and
the
presence/status
of
_existing
populations
of
this
species
on
the
available
sites
based
on
available
information
or
a
site
reconnaissance
by
a
Qualified
Biologist.

Artificial
burrows
will
be
constructed
at
the
receptor
site
under
supervision
of
the
Qualified
Biologist.

Artificial
burrows
shall
not
be
required
for
passive
relocation
unless
there
is
already
conserved
land
immediately
adjacent
to
the
parcel
from
which
the
owls
will
be
passively
relocated.

Occupied
burrows
shall
not
be
disturbed
during
the
nesting
season
unless
a
Qualified
Biologist
verifies
through
non-invasive
methods
that
either
the
birds
have
not
begun
egg
laying
and
incubation
or
juveniles
from
the
occupied
burrows
are
foraging
independently
and
capable
of
independent
survival.
4 Item 2B - Page 60
Planning
Commission
Resolution
No.
6922
Case
No.

5.1527
CZ/
TTM
38042
September
14,
2022
B10-3
The
Applicant
shall
pay
the
THCP
Mitigation
Fee
prior
to
building
permit
issuance.

Cultural
Resources CUL-1
If
buried
cultural
materials
are
discovered
during
the
earth-moving
operations,
all
work
in
that
area
should
be
halted
or
diverted
until
a
qualified
archaeologist
can
evaluate
the
nature
and
significance
of
the
finds
and,
if
necessary,
develop
a
treatment
pan
in
consultation
with
the
City
of
Palm
Springs
and
the
appropriate
Native
American
tribes.

The
County
Coroner
must
be
notified
within
24 hours
of
the
discovery
of
human
remains.

If
the
remains
discovered
are
determined
by
the
coroner
to
be
of
Native
American
descent,
the
coroner
shall
contact
the
Native
American
Heritage
Commission
(NAHC)
within
24 hours.

The
NAHC
would
in
turn
contact
the
Most
Likely
Descendant
(MLD)
would
determine
further
action
to
be
taken.

The
MLD
would
have
48 hours
to
access
the
site
and
make
a
recommendation
regarding
disposition
of
the
remains.

With
incorporation
of
the
above-mentioned
mitigation
measures,
all
project-related
impacts
would
be
reduced
to
less
than
significant.

PLANNING

DIVISION

CONDITIONS
PLN

1. Prior
to
recordation
of
the
final
subdivision
map,
the
developer
shall
submit
for
review
and
approval
the
following
documents
to
the
Planning
Department
which
shall
demonstrate
that
the
project
will
be
developed
and
maintained
in
accordance
with
the
intent
and
purpose
of
the
approved
tentative
map:
a.

The
document
to
convey
title.
b.

Deed
restrictions,
easements,
covenant
conditions
and
restrictions
that
are
to
be
recorded.

PLN

2. Update
of
City's
Zoning
Map.

Upon
approval
of
the
proposed
Change
of
Zone,
the
applicant
shall
be
responsible
for
costs
associated
with
update
of
the
City's
GIS
based
zoning
maps.

PLN

3. Development
Permit
and
Architectural
Review.

Proposed
homes
to
be
reviewed
by
the
Planning
Commission
and
Architectural
Review
Committee
5 Item 2B - Page 61
Planning
Commission
Resolution
No.
6922
Case
No.

5.1527
CZ
I TTM
38042
for
final
site
plan,
building
elevations,
and
landscape
plan.

September
14,
2022
PLN

4. Ungated
Development.

Casa
Verona
shall
remain
as
an
ungated
community
within
the
Whitewater
Club
and
Gene
Autry
Neighborhoods.

PLN

5. No
off-site
Parking.

Vehicles associated
with
the
operation
of
the
proposed
development
including
company
vehicles
or
employees
vehicles
shall
not
be
permitted
to
park
off
the
proposed
building
site
unless
a
parking
management
plan
has
been
approved.

PLN

6. Pad
Elevations.

Final
building
pad
elevations
shall
not
vary
more
than
12 inches
above or
below
the
pad
elevation
established
by
the
approved
preliminary
grading
plan
and
/ or
tentative
map.

Any
deviations
from
this
provision
shall
require
approval
by
the
Planning
Commission.

PLN

7. Prior
to
recordation
of
the
final
subdivision
map,
the
developer
shall
submit
for
review
and
approval
the
following
documents
to
the
Planning
Division
which
shall
demonstrate
that
the
project
will
be
developed
and
maintained
in
accordance
with
the
intent
and
purpose
of
the
approved
tentative
map:
a.

Deed
restrictions,
easements,
covenant
conditions
and
restrictions
that
are
to
be
recorded.
b.

The
approved
documents
shall
be
recorded
at
the
same
time
that
the
subdivision
map
is
recorded.

The
documents
shall
contain
provisions
for
access
into
the
proposed
parcels.

The
approved
documents
shall
contain
a
provision
which
provides
that
they
may
not
be
terminated
or
substantially
amended
without
the
consent
of
the
City
and
the
developer's
successor-in-interest.

RIVERSIDE
COUNTY

AIRPORT
LAND
USE

COMMISSION
ALUC
1 Any
new
outdoor
lighting
installed
shall
be
hooded
or
shielded
to
prevent
either
the
spillage
of
lumens
or
reflection
into
the
sky.

Outdoor
lighting
shall
be
downward
facing.

5.1527
CZ
I TTM
38042
September
14,
2022
(b)
Any
use
which
would
cause
sunlight
to
be
reflected
towards
an
aircraft
engaged
in
an
initial
straight
climb
following
takeoff
or
towards
an
aircraft
engaged
in
a
straight
final
approach
tm,yards
a
landing
at
an
airport.
(c)
Any
use
which
would
generate
smoke
or
water
vapor
or
which
would
attract
large
concentrations
of
birds,
or
which
may
otherwise
affect
safe
air
navigation
within
the
area.
(Such
uses
include
landscaping
utilizing
water
features,
aquaculture,
production
of
cereal
grains,
sunflower,
and
row
crops,
composting
operations,
trash
transfer
stations
that
are
open
on
one
or
more
sides,
recycling
centers
containing
putrescible
wastes,
construction
and
demolition
debris
facilities,
fly
ash
disposal,
and
incinerators.)
(d)
Any
use
which
would
generate
electrical
interference
that
may
be
detrimental
to
the
operation
of
aircraft
and/or
aircraft
instrumentation.
(e)
Children's
schools,
day
care
centers,
libraries,
hospitals,
nursing
homes,
and
highly
noise-sensitive
outdoor
nonresidential
uses,
and
hazards
to
flight.

ALUC
3 The
attached
notice
shall
be
given
to
all
prospective
purchasers
and/or
tenants
of
the
property
and
shall
be
recorded
as
a
deed
notice.

Vegetation
in
and
around
the
detention
basins
that
would
provide
food
or
cover
for
birds
would
be
incompatible
with
airport
operations
and
shall
not
be
utilized
in
project
landscaping.

Trees
shall
be
spaced
so
as
to
prevent
large
expanses
of
contiguous
canopy,
when
mature.

Landscaping
in
and
around
the
detention
basin(s)
shall
not
include
trees
or
shrubs
that
produce
seeds,
fruits,
or
berries.

Landscaping
in
the
detention
basin,
if
not
rip-rap,
should
be
in
accordance
with
the
guidance
provided
in
ALUC
"LANDSCAPING
NEAR
AIRPORTS"
brochure,
and
the
"AIRPORTS,

WILDLIFE
AND

STORMWATER
MANAGEMENT"
brochure
available
at
RCALUC.ORG
which
list
acceptable
plants
from
Riverside
County
Landscaping
Guide
or
other
alternative
landscaping
as
may
be
recommended
by
a
qualified
wildlife
hazard
biologist.

A
notice
sign,
in
a
form
similar
to
that
attached
hereto,
shall
be
permanently
affixed
to
the
stormwater
basin
with
the
following
language:
"There
is
an
airport
nearby.

This
stormwater
basin
is
designed
to
hold
stormwater
for
only
48 hours
and
not
attract
birds.

Proper
maintenance
is
necessary
to
avoid
bird
strikes".

The
sign
will
also
include
the
name,
7 Item 2B - Page 63
•
Planning
Commission
Resolution
No.
6922
Case
No.

5.1527
CZ
I TTM
38042
September
14,
2022
ALUC

5. ALUC

7. telephone
number
or
other
contact
information
of
the
person
or
entity
responsible
to
monitor
the
stormwater
basin.

Buildings
shall
be
limited
to
a
maximum
top
point
elevation
of
521
feet
above
mean
sea
level,
unless"
Determination
of
No
Hazard
to
Air
Navigation"
letter
authorizing
a
higher
top
point elevations
has
been
issues
by
the
Federal
Aviation
Administration
Obstructive
Evaluations
Service. During
initial
sales
of
properties
within
the
newly
created
subdivisions,
large
airport
related
informational
signs
shall
be
installed
and
maintained
by
the
developer.

These
signs
shall
be
installed
in
conspicuous
locations
and
shall
clearly
depict
the
proximity
of
the
property
to
the
airport
and
aircraft
traffic
pattens.

The
ALUC
overflights
informational
brochure
shall
be
provided
to
prospective
purchasers
showing
the
locations
of
aircraft
flight
patterns,
the
frequency
of
overflights,
the
typical
altitudes
of
the
aircraft,
and
the
range
of
noise
levels
that
can
be
expected
from
individual
aircraft
overflights,
as
well
and
Compatibility
Factors
exhibit
form
the
Palm
Springs
International
Airport
Land
Use
Compatibility
Plan.

FIRE

DEPARTMENT

CONDITIONS
FID

1. FID2. 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.

This
building
will
require
fire
sprinklers. 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:
8 Item 2B - Page 64
Planning
Commission
Resolution
No.
6922
Case
No.

5.1527
CZ
I TTM
38042
September
14,
2022
FID

5. FID

6. FID

7. 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.

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.

Fire
Apparatus
Access
Roads:

Detailed
fire
apparatus
access
roads
shall
be
submitted
to
the
fire
department
for
review
and
approval
prior
to
construction.

Plans
shall
include
certification
from
a
Registered
Professional
Engineer
stating
the
roads
are
of
all-weather
construction
and
capable
of
supporting
fire
apparatus
weighing
73,000
lbs.

G.V.W.

Designated
Fire
Lanes:

In
private
developments,
designated
fire
lane
shall
not
be
less
than
twenty-four(24)feet
wide
(curb
face
to
curb
face)
with
no
parking
on
either
side
and
shall
be
identified
as
fire
lanes
with
red
9 Item 2B - Page 65
Planning
Commission
Resolution
No.
6922
Case
No.

5.1527
CZ
I TTM
38042
September
14,
2022
curb(s),
stating
in
white
lettering
"NO

PARKING
FIRE
LANE",
or
by
approved
signage,
or
by
both
red
curb(s)with
white
lettering
and
signage.

FID

8. Grade
for
Fire
Apparatus
Roads:

The
grade
of
the
fire
apparatus
access
road
shall
be
within
the
limits
established
by
the
fire
code
official
based
on
the
fire
department's
apparatus.

No
grade
shall
exceed
12%.

Grade
transitions
shall
not
exceed
maximum
angle
of
approach
and
angle
of
departure
based
on
the
fire
department's
apparatus
as
determined
by
the
fire
code
official.

FID

9. Secondary
Access
Roads:

A
secondary
access
road
shall
be
provided
for
all
developments
with
thirty
(30)
or
more
dwelling
units.

FID

10. Dead-end
Fire
Apparatus
Access
Roads:

Dead-end
fire
apparatus
access
roads
in
excess
of
150
feet
in
length
shall
be
provided
with
approved
provisions
for
the
turning
around
of
fire
apparatus.

The
City
of
Palm
Springs
has
two
(2)
approved
turn
around
provisions.

One
is
a
cul-de-sac
with
an
outside
turning
radius
of
forty-five
(45)
feet
from
centerline;
and
the
other
is
a
hammerhead
turnaround
meeting
the
Palm
Springs
Public
Works
and
Engineering
Department
standard
dated
8/3/2016.

ENGINEERING

DEPARTMENT

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
48-hour
inspection
notification
is
required.
10 Item 2B - Page 66
Planning
Commission
Resolution
No.
6922
Case
No.

5.1527
CZ/
TTM
38042
September
14,
2022
ENG2. ENG3. ENG4.

Submit
street
improvement
plans
prepared
by
a
registered
California
civil
engineer
to
the
Engineering
Services
Department.

The
plan(s)
shall
be
approved
by
the
City
Engineer
prior
to
issuance
of
any
building
permits.

Asphalt
concrete
paving
for
streets
prior
to
completion
of
on-site
construction
activities,
will
require
additional
paving
requirements
prior
to
acceptan~e
of
the
street
improvements,
including,
but
not
limited
to:
removal
and
replacement
of
damaged
asphalt
concrete
pavement,
overlay,
slurry
seal,
or
other
repairs,
as
required
by
the
City
Engineer.

The
public
street
improvements
outlined
in
these
conditions
of
approval
are
intended
to
convey
to
the
applicant
an
accurate
scope
of
required
improvements,
however,
the
City
Engineer
reserves
the
right
to
require
reasonable
additional
improvements
as
may
be
determined
in
the
course
of
the
review
and
approval
of
street
improvement
plans
required
by
these
conditions.

VERONA
ROAD
ENG5. ENG6. ENG7. ENG8.

Dedicate
additional
right-of-way
to
provide
the
ultimate
half
street
right-of
way
width
of
25 feet
along
the
entire
frontage.

Construct
a
6 inch
curb
and
gutter,
18 feet
north
of
centerline
along
the
entire
frontage
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
200.

Construct
a 5
feet
wide
sidewalk
behind
the
curb
along
the
entire
frontage
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
21 O.

Construct pavement
with
a
minimum
pavement
section
of
3 inches
asphalt
concrete
pavement
over
4 inches
crushed
miscellaneous
base
with
a
minimum
subgrade
of
24 inches
at
95%
relative
compaction,
or
equal,
from
edge
of
proposed
gutter
to
six
(6)
feet
south
of
centerline
along
the
entire
frontage
for
a
total
pavement
width
of
twenty
four
(24)
feet
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
11 O.
(Additional
pavement
removal
and
replacement
may
be
required
upon
review
of
existing
pavement
cross-sections,
and
to
ensure
grade
breaks
of
the
pavement
cross-section
do
not
occur
within
a
travel
lane.)
If
an
alternative
pavement
section
is
proposed,
the
proposed
pavement
section
shall
be
designed
by
a
California
registered
Geotechnical
Engineer
using
11 Item 2B - Page 67
Planning
Commission
Resolution
No.
6922
Case
No.

5.1527
CZ
I TTM
38042
September
14,
2022
ENG9. ENG

10. ENG

11. "R"
values
from
the
project
site
and
submitted
to
the
City
Engineer
for
approval. Install
a
redwood
header
along
the
new
edge
of
pavement
located
6 feet
south
of
centerline.

Remove
and
replace
existing
asphalt
concrete
pavement
where
required,
in
accordance
with
applicable
City
standards.

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

LOTS
B,
C
AND
D (

INTERNAL
PUBLIC

STREETS)
ENG

12. ENG

13. ENG

14. ENG

15. ENG

16. ENG

17. Dedicate
right-of-way
of
50 feet
and
throughout
the
cul-de-sacs
over
Lot
"B",
"C"
and
"D",
together
with
property
line
-
corner
cut
backs
at
the
northeast
and
southeast
corners
of
the
intersection
of
Lot
"C"
and
Lot
"D"
I
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
105.

All
on-site
cul-de-sacs
shall
be
constructed
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
101.

Construct
6 inch
curb
and
gutter,
18 feet
from
centerline
along
both
sides
of
the
internal
public
streets,
with
25 feet
radius
curb
returns,
curb
ramps,
spandrels
and
cross
gutters
at
all
street
intersections,
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
200,
206, 213.

Construct
driveway
_ approach(es)
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
201.

Construct
a 5
feet
wide
sidewalk
behind
the
curb
along
the
entire
frontage
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
21 O.

Construct
pavement
with
a
minimum
pavement
section
of
3 inches
asphalt
concrete
pavement
over
4 inches
crushed
miscellaneous
base
with
a
minimum
subgrade
of
24 inches
at
95%
relative
compaction,
or
equal,
along
the
entire
street
frontages
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
110.
(Additional
pavement
removal
and
replacement
may
be
required
upon
review
of
existing
pavement
cross
sections,
and
to
ensure
grade
breaks
of
the
pavement
cross-section
do
not
occur
within
a
travel
lane.)
If
an
alternative
pavement
section
is
proposed,
the
proposed
pavement
section
shall
be
designed
by
a
12 Item 2B - Page 68
Planning
Commission
Resolution
No.
6922
Case
No.

5.1527
CZ/
TTM
38042
September
14,
2022
California
registered
Geotechnical
Engineer
using
"R"
values
from
the
project
site
and
submitted
to
the
City
Engineer
for
approval.
13 Item 2B - Page 69

SANITARY
SEWER
ENG

18. ENG

19. ENG

20. ENG

21. ENG

22. GRADING
All
sanitary
facilities
shall
be
connected
to
the
public
sewer
system.

New
laterals
shall
not
be
connected
at
manholes.

Submit
sewer
improvement
plans
prepared
by
a
California
registered
civil
engineer
to
the
Engineering
Services
Department.

The
plan(s)
shall
be
approved
by
the
City
Engineer
prior
to
issuance
of
any
building
permits.

All
sewer
mains
constructed
by
the
developer
and
to
become
part
of
the
City
sewer
system
shall
be
digitally
video
recorded
(Developer
shall
contact
City
treatment
plant
facility
for
acceptable
digital
video
format)
aft~r
construction
and
submitted
to
the
City
for
review
and
a
new
video
prior
to
acceptance
of
the
sewer
system
(when
project
has
been
completed)
for
maintenance
by
the
City.

Any
defects
of
the
sewer
main
shall
be
removed,
replaced,
or
repaired
to
the
satisfaction
of
the
City
Engineer
prior
to
acceptance.

Costs
associated
with
design
and
construction
of
the
off-site
sewer
extension
may
be
reimbursed,
pursuant
to
a
Sewer
Construction
Refund
Agreement
approved
by
the
City
Council,
in
accordance
with
the
policies
established
by
Resolution
13773,
and
amended
by
Resolution
15975.

The
applicant
shall
be
responsible
for
payment
of
all
associated
staff
time
and
expenses
necessary
in
the
preparation
and
processing
of
the
Sewer
Construction
Refund
Agreement
with
the
City
Council,
and
shall
submit
additional
deposits
as
necessary
when
requested
by
the
City,
which
are
included
in
the
amount
that
may
be
reimbursed
to
the
applicant
through
the
Sewer
Construction
Refund
Agreement.

The
Sewer
Construction
Refund
Agreement
is
subject
to
the
City
Council's
review
and
approval
at
a
Public
Hearing,
and
its
approval
is
not
guaranteed
nor
implied
by
this
condition.

Upon
completion
of
the
construction
of
public
sewer
lines,
an
as-built
drawing
in
digital
format
shall
be
provided
to
the
City
as
required
by
the
City
Engineer,
if
the
sewer
was
not
constructed
in
accordance
with
the
original
approved
sewer
plans.

Item 2B - Page 70
Conditions
of
Approval
TPM
38042
&

5.1527-CZ
Page
15 of
22 September
14,
2022
ENG

23. ENG

24. 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.
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
"PM
1 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
15 Item 2B - Page 71
Conditions of Approval
TPM 38042 & 5.1527-CZ

Page 16 of 22 ends

Palm Springs City CouncilOctober 17, 2022

Palm Springs City Council
October 17, 2022