Item 1J - Page 5
. \_ '
What Must I Disclose?
A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).
Note: (1) only trusts or other organizations that are not the fiduciaries, (2) if a second entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed).
B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant's application, or with the City Manager or City Attorney.
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
(Revised 09 13 18)
CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)
Item 1J - Page 6
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principle Place of Business)
{t(P,) W, eE?N"rvt.y U>i..vlr STt 51)0 r LOS ftt.Jt.GLC~ 41DD4S-
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State If other than California, is the Entit also re istered in California? Yes No
5. Type of Entity
gcorporation D Limited Liability Company D Partnership D Trust D Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) te: If any response is not a natural person, please identify all officers, directors , embers, managers and other fiduciaries for the member, manager, trust or other entity - ---lf- - --------------- D Offic er ~ irector D Member D Manag er [name]
~-OtM'ltN/J D General Partner D Limited Partner
other ? ~(.St~ ~N ,--
~ Gn'--""~c....,,,c,...· LO~· /\..-,.-----=----r--------rvt----,U.,,,-fl __ 12B~i-· ~ Offic er Dir ector Member Manag er [name] /
BP-1~1'J WAL,.113'- []:"General Partner D Limited Partner D Other ____________ _
---=:...------==-----+---o1;;...e:: -f------c...-,::.- - ----'------- D Officer D Director D Member D Manager [name]
(V} Ur- M fy ff'-'tofF- · [tGeneral Partner D Limited Partner (Revised 09 13 18)
D Other _____________ _
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Item 1J - Page 7
7, Owners/Investors with a 5% beneficial interest in the Annllcant Entltv or a related entltv
EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial Interest In entity and name of entltvl
A.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entitvl
B.
[name of owner/Investor] [percentage of beneficial Interest in entity
and name of entitvl
C,
[name of owner/Investor] [percentage of beneficial Interest in entity
and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest In entity
and name of entitvl
E.
[name of owner/investor] [percentage of beneficial Interest In entity and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
(Revised 09 13 18)
Date
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
ATTACHMENT B
Item 1J - Page 8
1 10264774.1 LC001-009
AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into between the law firm of LIEBERT CASSIDY WHITMORE, A Professional Corporation (“Attorney”), and the CITY OF PALM SPRINGS, A Municipal Corporation (“City”).
1. Conditions
This Agreement will not take effect, and Attorney will have no obligation to provide services, until City returns a properly signed and executed copy of this Agreement.
2. Attorney’s Services
Attorney agrees to provide City with consulting, representational and legal services pertaining to employment relations matters, including representation in negotiations and in administrative and court proceedings, as requested by City or otherwise required by law.
3. Fees, Costs, Expenses
City agrees to pay Attorney the sums billed monthly for time spent by Attorney in providing the services, including reasonable travel time.
The current range of hourly rates for Attorney time is from Two Hundred Seventy to Three Hundred Eighty-Five Dollars ($270.00 - $385.00). See Schedule I for a full Fee Schedule. Attorney reviews its hourly rates on an annual basis and, if appropriate, adjusts them effective July 1. Attorney will provide the City with written notification of any adjustment in the range of rates. Attorney bills its time in minimum units of one- tenth of an hour.
Item 1J - Page 9
2 10264774.1 LC001-009
For Litigation Matters
See Schedule II attached for a description of Attorney’s Litigation and E- Discovery Management.
Other Expenses
City agrees to reimburse Attorney for necessary costs and expenses incurred by Attorney on behalf of City. Attorney bills photocopying charges at Fifteen Cents ($0.15) per page. See Schedule I attached.
Payment by City against monthly billings is due upon receipt of statements, and is considered delinquent if payment is not received within thirty (30) days of the date of the invoice.
4. Professional Liability Insurance
The California Business & Professions Code requires us to inform you whether we maintain errors and omissions insurance coverage applicable to the services to be rendered to you. We hereby confirm that the firm does maintain such insurance coverage.
5. Arbitration of Professional Liability or Other Claims Disputes. If a dispute between City and Attorney arises over fees charged for services, the controversy will be submitted to binding arbitration in accordance with the rules of the California State Bar Fee Arbitration Program, set forth in California Business and Professions Code, sections 6200 through 6206. The arbitrator or arbitration panel shall have the authority to award to the prevailing party attorneys’ fees, costs and interest incurred. Any arbitration award may be served by mail upon either side and personal service shall not be required.
Item 1J - Page 10
3 10264774.1 LC001-009
If a dispute arises between City and Attorney over any other aspect of the attorney-client relationship, including, without limitation, a claim for breach of professional duty, that dispute will also be resolved by arbitration. It is understood that any dispute as to any alleged breach of professional duty (that is, as to whether any legal services rendered under this agreement were allegedly unnecessary, unauthorized, omitted entirely, or were improperly, negligently or incompetently rendered) will be determined by submission to arbitration as provided by California law, and not by a lawsuit or resort to court process except as California law provides for judicial review of arbitration proceedings. Both parties to this agreement, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration. Each party is to bear its own attorney’s fees and costs.
6. File Retention
After our services conclude, Attorney will, upon City’s request, deliver the file for the matter to City, along with any funds or property of City’s in our possession. If City requests the file for the matter, Attorney will retain a copy of the file at the City’s expense. If City does not request the file for this matter, we will retain it for a period of seven (7) years after this matter is closed. If City does not request delivery of the file for this matter before the end of the seven (7) year period, we will have no further obligation to retain the file and may, at our discretion, destroy it without further notice to City. At any point during the seven (7) year period, City may request delivery of the file.
Item 1J - Page 11
4 10264774.1 LC001-009
7. Assignment
This Agreement is not assignable without the written consent of City.
8. Independent Contractor
It is understood and agreed that Attorney, while engaged in performing the terms of this Agreement, is an independent contractor and not an employee of City.
9. Authority
The signators to this Agreement represent that they hold the positions set forth below their signatures, and that they are authorized to execute this Agreement on behalf of their respective parties and to bind their respective parties hereto.
10. Term
This Agreement is effective October 1, 2022, ongoing and may be modified by mutual agreement of the parties. This agreement shall be terminable by either party upon thirty (30) days written notice.
LIEBERT CASSIDY WHITMORE, CITY OF PALM SPRINGS
A Professional Corporation A Municipal Corporation
By: ________________________ By: _______________________ Name: ______________________ Name: _____________________ Title: _______________________ Title: ______________________ Date: _______________________ Date: ______________________ Item 1J - Page 12
5 10264774.1 LC001-009
SCHEDULE I – FEES & COSTS
1. Hourly Rates (As of Agreement Effective Date)
Negotiations (Peter Brown) $385.00
Partners $360.00 Senior Associate Attorneys $295.00
Junior Associate Attorneys (up to [4] years) $270.00
Labor Relations/HR Consultant $270.00
Paralegals $145.00
E- Discovery Specialists $145.00
Law Clerks $145.00 - $185.00
2. COSTS
1. Photocopies $0.15 per copy
Item 1J - Page 13
6 10264774.1 LC001-009
SCHEDULE II
LCW LITIGATION and E-DISCOVERY MANAGEMENT
LCW is committed to using state-of-the-art technology to efficiently manage and harness electronically-stored information (“ESI”) in compliance with Federal and State law requirements. LCW partners with an outside managed services provider to provide Relativity, the industry leading e-discovery software, for this purpose. The cost for each matter will depend on the volume and format of the data. For non-complex data up to 50 gigabytes, LCW charges a monthly fee of $450 on all active litigation matters for data management, including data validation and security, ingestion, de-duplication, culling and streamlining, and creation of Relativity fields for expedited review. For data of 50 gigabytes and over and for complex data requiring specialized services (e.g., payroll data, spreadsheets with underlying formulas, video, advanced searches, etc.), additional charges are incurred and are passed through to the client. For such charges, we will provide an itemized bill from our managed services provider and obtain client approval prior to incurring the charges.
Litigation Case Staffing
LCW has organized its litigation practice to meet the challenges of today’s complex litigation cases. We employ a dedicated Litigation Manager – a non-billing attorney litigator – whose responsibility is to monitor all litigation cases to ensure quality, efficiency, and adherence to client and firm litigation guidelines. Each litigation case is staffed with a Partner, an Associate (or Associates, as required and as approved by the Client), a Paralegal and an E-Discovery Specialist. Our E-Discovery Specialists have extensive experience in the efficient management of electronic data through every stage of the e-discovery life cycle, and they strategize with attorneys and clients on effective ESI protocols. This makes the document review process more efficient and enables our attorneys to target the most relevant data to meet litigation objectives. Working with our e-discovery managed services provider, we are able to provide state-of-the-art data processing and hosting services at below-market rates.
Item 1J - Page 14
CITY COUNCIL STAFF REPORT
11/10/2022
SUBJECT:
APPROVE AGREEMENT A9255 WITH LEXIPOL TO PERFORM ANNUAL POLICY
MANUAL UPDATES FOR THREE YEARS FOR THE PALM SPRINGS POLICE
DEPARTMENT
RECOMMENDATION:
Approve Agreement A9255 with Lexipol to provide three years of annual policy manual updates for a total cost of $49,394.
Attachments
Item 1K
CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 10, 2022 CONSENT CALENDAR
SUBJECT: APPROVE AGREEMENT A9255 WITH LEXIPOL TO PERFORM ANNUAL
POLICY MANUAL UPDATES FOR THREE YEARS FOR THE PALM
SPRINGS POLICE DEPARTMENT
FROM: Teresa Gallavan, Interim City Manager
BY: Information Technology Department
SUMMARY:
This action will approve Agreement A9255 with Lexipol to provide three years of annual policy manual updates for the Palm Springs Police Department at a cost of $49,394.
RECOMMENDATION:
1) Approve Agreement A9255 with Lexipol to provide three years of annual policy manual updates for a total cost of $49,394 (Attachment A).
BUSINESS PRINCIPAL DISCLOSURE:
A copy of the Public Integrity Disclosure Form for Lexipol is included as Attachment B.
BACKGROUND:
Since 2009, the Police Department has used the Lexipol policy manual. The policy manual covers all aspects of the Department’s operations and provides updated policies based on state and federal laws and regulations, as well as nationwide best practices.
The policy manual is posted on the Department’s website, as required by California SB 978.
In 2019, the Department began using Lexipol’s training bulletins to ensure all employees were aware of and retained vital policy content. Lexipol’s online delivery platform and mobile application are used to distribute policies, updates, and training to all staff. In 2020, Council approved the acceptance of grant funding from the United States Department of Justice to be used for Lexipol’s contractual support to build a procedures manual corresponding directly with the existing policy manual.
Item 1K - Page 1
City Council Staff Report
November 10, 2022-- Page 2
Approve Agreement A9255 with Lexipol
Using a com bination of the Lexipol policy manual, procedural manual, and training bulletins, the Department can provide ready access to and regular training on polices that reduce risk and enhance personnel and community safety.
STAFF ANALYSIS:
The Police Departmen t is satisfied with the performance of Lexipol in providing these services, and desires to keep using the company.
This purchase requires City Council approval in accordance with Municipal Code Title 7 adopted by Ordinance in July of 2021, which predicates approval levels based upon the cumulative value of contracts and continuous purchases of the same goods or services.
Since 2011, the City has spent approximately $89 ,458 with Lexipol and this agreement brings the total to $138,852. Staff recommends approving agreement A9255 with Lexipol to provide three years of annual policy manual updates for $49,394.
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 t he 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:
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 Information Technology Account 1001025-40105.
REVIEWED BY:
Department Director: Larry Klingaman
Procurement and Contracting Manager: Kim Baker
Deputy City Manager: Jeremy Hammond
Interim City Manager: Teresa Gallavan
Item 1K - Page 2
City Council Staff Report
November 10, 2022-- Page 3
Approve Agreement A9255 with Lexipol
ATTACHMENTS:
A. Agreement A9255
B. Business Disclosure Form
Item 1K - Page 3
ATTACHMENT A
Item 1K - Page 4
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Vice President & General Counsel
10-6-2022
Item 1K - Page 5
11 lfLEXIPOL
Item 1K - Page 6
Exhibit A
SELECTED SERVICES AND ASSOCIATED FEES
Agency is purchasing the following additional service:
Yearl
QTY DESCRIPTION UNIT PRICE EXTENDED
1 Annual Law Enforcement Supplementa l Manual(s) USO 1,597.00 USO 1,597.00 1 Annual Law Enforcement Procedures USO 1,020.00 USO 1,020.00 1 Annual Law Enforcement Policy Manual & Daily Training Bulletins USO 13,051 .02 USO 13,051.02 SUbscription Line Items Total USO 15,668.02
USO 15,668.02
Year 1 TOTAL: USO 15,668.02
Year2
QTY DESCRIPTION UNIT PRICE EXTENDED
1 Annual Law Enforcement Supplementa l Manual(s) USO 1,676.85 USO 1,676.85 1 Annual Law Enforcement Procedures USO 1,071.00 USO 1,071.00 1 Annual Law Enforcement Policy Manual & Daily Training Bulletins USO 13,703.57 USO 13,703.57 SUbscription Line Items Total USO 16,451.42
USO 16,451.42
Year 2 TOT AL: USO 16,451.42
Year3
QTY DESCRIPTION UNIT PRICE EXTENDED
1 Annual Law Enforcement Supplementa l Manual(s) USO 1,760.69 USO 1,760.69 1 Annual Law Enforcement Procedures USO 1,124.55 USO 1,124.55 1 Annual Law Enforcement Policy Manual & Daily Training Bulletins USO 74,388.75 USO 14,388.75 SUbscription Line Items Total USO 17,273.99
USO 17,273.99
Year 3 TOTAL: USO 17,273.99
Copyright 2020 © Lexipol - Rev 6/8/2018
Exhibit B
Terms and Conditions of Service
1. Definitions. For purposes of Lexipol’s Terms and Conditions of Service (the “Terms”), each of the following capitalized terms will have the meaning included in this Section. Other capitalized terms are defined within their respective sections below. Depending on the selected Service(s), Agency may receive support from, and be invoiced by, a Lexipol subsidiary, including The Praetorian Group and/or Cordico Inc.
1.1 “Agency” means the department, agency, office, company, or other entity purchasing and/or otherwise subscribing to Lexipol products or services.
1.2 “Agreement” means the combination of (a) the cover sheet to which these Terms are attached; (b) Lexipol’s subscription and pricing information sheets, which are typically included as an Exhibit A (“Services Being Purchased and Related Fees”) or as set forth in any similar pricing sheet (including by way of addendum); and (c) these Terms.
1.3 “Derivative Work(s)” means work(s) based on Lexipol’s Subscription Materials, or any substantive portion thereof. Derivat ive Works include revision, modification, abridgement, condensation, expansion, or any other form in which the Subscription Materials or any portion thereof are recast, transformed, or adapted. For purposes of the Agreement, a Derivative Work also includes any compilation that incorporates any portion of the Subscription Materials. Further, “Derivative Work” includes any work considered a “derivative work” under United States copyright law.
1.4 “Effective Date” means the date specified on the cover sheet to which these Terms are attached, or as otherwise expressly set forth and agreed upon by Lexipol and Agency in a writing and defined as the “Effective Date.”
1.5 “Initial Term” means the period commencing on the Effective Date and continuing for the length of time indicated on the cover sheet or subscription and pricing sheet provided by Lexipol. If the Initial Term is not so indicated, the default Initial Term is one (1) year from the Effective Date.
1.6 “Service(s)” means all Lexipol product(s) or service(s), including one-time and recurring (subscription) services, as may be offered by Lexipol and/or its subsidiaries and affiliates from time to time.
1.7 “Subscription Materials” means all policy manuals, supplemental publications, daily training bulletins, written content, images, videos, and all other data and multimedia provided by Lexipol and/or its licensors through the Services.
2. Term. The Agreement becomes enforceable upon signature by Agency’s authorized representative. Followin g the Initial Term, the Parties may mutually agree to renew the Initial T erm in successive one-year periods thereafter (each a “Renewal Term”) . The Initial Term and any Renewal Terms collectively comprise the “Term” of the Agreement.
3. Termination.
3.1 For Cause. The Agreement may be terminated by either party, effective immediately, (a) in the event that the other party fails to discharge any obligation or remedy any default under the Agreement for a period of more than thirty (30) cal endar days after it has been given written notice of such failure or default; or (b) in the event that the other party makes an assignment for the benefit of creditors or commences or has commenced against it any proceeding in bankruptcy, insolvency or reo rganization pursuant to the bankruptcy laws of any applicable jurisdiction.
3.2 For Convenience. The Agreement may be terminated for convenience (including lack of appropriation of funds by Agency) upon sixty (60) days written notice. Note: fees already paid for Services are not eligible for refund, proration or offset in the event of Agency’s termination for convenience.
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4. Effect of Expiration or Termination. Upon the expiration or termination of the Agreement for any reason, Agency’s access to Lexipol’s Services shall cease. Termination or expiration of the Agreement shall not, however, relieve either party from any obligation or liability that has accrued under the Agreement prior to the date of such termination or expiration, including payment obligations. The right to terminate the Agreement shall be in addition to, and not in lieu of, any other remedy, legal or equitable, to which the parties are entitled at law or in equity. The provisions of Sections 1 (Definitions), 6 (Service-Specific Terms), 8 (Privacy Policy), 8 (Warranty Disclaimer), 9 (Confidentiality), 10 (Warranty Disclaimer), 11 (Limitation of Liability), 12 (General Terms), and this Section 4 shall survive the expiration or termination of the Agreement for any reason.
5. Fees and Invoicing. Unless otherwise agreed upon in writing, Lexipol (or, if applicable, The Praetorian Group or Cordico Inc.) will invoice Agency at the commencement of the Initial Term and within thirty (30) days of any Renewal Term. Agency will pay to Lexipol the fee(s) specified on each invoice within thirty (30) days following receipt of the invoice. All invoices will be sent to Agency at the address specified on the cover sheet to which these Terms are attached or as otherwise designated by Agency in writing. All payments will be made by electronic transfer of immediately available funds or by mailing a check to Lexipol at 2611 Internet Blvd, Ste 100, Frisco, TX 75034 (Attn: Accounts Receivable). Lexipol reserves the right to increase fees for Renewal Terms, subject to approval by the Agency. All amounts required to be paid under the Agreement are exclusive of taxes and similar fees now in force or enacted in the future. Unless otherwise exempt, Agency is responsible for and will pay in full all taxes properly imposed related to its receipt of Lexipol’s Services, except for taxes based on Lexipol’s net income.
6. Service-Specific Terms. The following sections apply to specific Lexipol Services:
6.1 Policy. Lexipol’s policy Subscription Materials and Knowledge Management System (“KMS”) are proprietary, protected under U.S. copyright, trademark, patent, and/or other applicable laws, and Lexipol reserves all rights not expressly granted in these Terms. Agency may prepare Derivative Works using Lexipol’s Subscription Materials, but Lexipol shall remain the sole owner of all right, title and interest in and to them, including all copyrights, intellectual property rights, and other proprietary rights therein or pertaining thereto. Agency shall retain a perpetual, personal, non -sublicensable and non-assignable right to use the Subscription Materials for Agency’s internal p urposes but will not remove any copyright notice or other proprietary notice of Lexipol appearing thereon. Agency acknowledges and agrees that Lexipol shall have no responsibility to update such Subscription Materials beyond the Term of the Agreement and s hall have no liability whatsoever for Agency’s creation or use of Derivative Works. Lexipol’s Subscription Materials are to be treated as Confidential Information (per Section 9 herein), but Agency may disclose Subscription Materials pursuant to a valid co urt order, lawful government agency request, Freedom of Information Act (FOIA) request, or Public Records Act (PRA) request. Agency acknowledges and agrees that all policies and procedures it implements have been individually reviewed and adopted by Agency, that neither Lexipol nor any of its agents, employees, or representatives shall be considered “policy makers” in any legal or other sense, and that Agency’s highest -ranking official shall, for all purposes, be considered the “policy maker” with regard to same. Lexipol’s KMS Service is subject to the Service Level Agreement attached to these Terms.
6.2 Learning. Lexipol’s Learning Management System (“LMS”), offered by Praetorian Digital, is a proprietary Service protected under U.S. copyright, trademark, patent, and other laws. Lexipol and its licensors retain all rights, title, and interest in and to the LMS (including, without limitation, all intellectual property rights), including all copies, modifications, extensions, and Derivative Works t hereof. Agency’s right to use the LMS is limited to the rights expressly granted in the Agreement. Agency Data, defined as data owned by Agency prior to the Effective Date or which Agency provides during the Term for purposes of identifying authorized user s, confirming agency or department information, or other purposes that are ancillary to receipt of the Service, remains Agency’s property. Lexipol retains no right or interest in Agency Data and shall return or destroy Agency Data following termination of the Agreement. Lexipol’s LMS Service is subject to the Service Level Agreement attached to these Terms.
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6.3 Wellness. This Section applies when Agency subscribes to Lexipol’s Wellness Application (“Wellness App”) offered by Cordico®. All Subscri ption Materials delivered by the Wellness App, including but not limited to all object and source code, all information created, developed, or reduced to practice, and all written, image -based, or video -based content underlying the Wellness App that is not specifically provided by Agency is the proprietary intellectual property of Lexipol and/or its suppliers or licensors, protected to the maximum extent permitted by trademark, copyright, and patent laws. Agency is granted a nonexclusive limited right to ac cess the Wellness App during the Term. If the Agreement is terminated or expires for any reason, Agency shall lose access to the Wellness App and to all associated Subscription Materials and shall discontinue all use of the same for any purpose. Nothing in this section or these Terms shall be construed as conferring any right of ownership or use to the Wellness App, whether by estoppel, implication or otherwise.
6.4 Grants. This Section applies when Agency selects Lexipol’s Grant Writing, Consulting, and/or GrantFinder services. For Grant Writing services, Agency takes full responsibility for submitting information reasonably required by Lexipol’s grant writing team in a timely manner (at least five (5) days prior to the applicable grant ap plication close date). Agency is responsible for all submissions of final grant applications by grant deadlines, but Lexipol shall be considered Agency’s duly authorized representative for submissions where applicable. Failure to submit requested materials to write grant applications on time will result in rollover of project services and fees to next grant application cycle; not a refund of the fees. Requests for cancellation of Grant Writing services will result in a 50% fee of the total value of the service. Invoices for Grant Writing services will be sent as soon as work begins for the applicable target grant. Complete payment must be received no later than thirty (30) days after receipt of invoice. In the event Agency has not made timely payment on an i nvoice, Lexipol reserves the right to suspend all grant Services to Agency until past -due payments are received in full, and may terminate Agency’s access to GrantFinder, if applicable.
6.5 Generally; Injunctive Relief. Nothing in the Agreement shall be construed as conferring any rights or license to Lexipol’s trade secrets, intellectual property, Confidential Information, Subscription Materials, KMS, LMS, Wellness App, or the software underlying such products and services, whether by estoppel, implication or otherwise. Agency may not, and may not assist others to, decompile, disassemble, reverse engineer, or otherwise attempt to discover any object code, source code, or proprietary data underlying the Services. Agency grants all rights and permissions in or relating to Agency Data as are necessary to Lexipol to enforce the Agreement, exercise Lexipol’s rights, and perform Lexipol’s obligations hereunder. Agency acknowledges that a breach or threatened breach of any portion of this Section may cause irreparable harm and shall entitle Lexipol to injunctive relief in addition to any other available remedy.
7. Account Security. The rights to access and use the Services under the Agreement are personal and unique to Agency and Agency shall not assign or otherwise transfer any such rights to any other person or entity. Except as set forth herein, Agency remains solely responsible for maintaining the confidentiality of Agency’s username(s) and password(s) and the security of Agency’s account(s), meaning the account by which Agency accesses the Services. Agency will not permit access to Agency’s account(s) or use of Agency’s username(s) and/or password(s) by any person or entity other than authorized Agency personnel. Agency will immediately notify Lexipol if Agency becomes aware that any person or entity other than authorized Agency personnel has used Agency’s Account or Agency’s username(s) and/or password(s).
8. Privacy Policy. Lexipol will hold Agency Data in confidence unless required to provide access in accordance with a court order, government agency request, or other legal process such as a Freedom of Information Act (FOIA) request, or Public Records Act (PRA) request. Lexipol will use commercially reasonable efforts to ensure the security of all Agency Data. Lexipol’s systems use the Secure Socket Layer (SSL) Protocol for Lexipol Services, which encrypts information as it travels between Lexipol and each Agency. However, Agency acknowledges and agrees that data transmission on the internet is not always 100% secure and Lexipol cannot and does not warrant that information Agency transmits to or through the Services is 100% secure.
Agency acknowledges that Lexipol may provide view-only access and summary information (which may include number of policies developed or in development, percentage of staff reviews of developed policies and DTBs) to Agency’s affiliated Risk Management Authority, Insurance Pool or Group, or Sponsoring Association if they are actively funding member Agency Subscription Fees.
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9. Confidentiality. During the term of the Agreement, either party may be required to disclose information to the other party that is marked “confidential” or is of such a type that the confidentiality thereof is reasonably apparent (collectively, “Confidential Information”). The receiving party will: (a) limit disclosure of any Confidential Information of the other party to the receiving party’s directors, officers, employees, agents and other representatives (collectively “Representatives”) who have a need t o know such Confidential Information in connection with the Services; (b) advise its personnel and agents of the confidential nature of the Confidential Information and of the obligations set forth in the Agreement; (c) keep all Confidential Information confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information; and (d) not disclose any Confidential Information to any third party unless expressly authorized by the disclosing party. Notwithstanding the foregoing, a party may disclose Confidential Information pursuant to a valid governmental, judicial, or administrative order, subpoena, discovery request, regulatory request, Freedom of Information Act (FOIA) request, or Pu blic Records Act (PRA) request, or similar method, provided that the party proposing to make any such disclosure will promptly notify, to the extent practicable, the other party in writing of such demand for disclosure so that the other party may, at its sole expense, seek to make such disclosure subject to a protective order or other appropriate remedy to preserve the confidentiality of the Confidential Information. Each party shall be responsible for any breach of this section by any of such party’s personnel or agents.
10. Warranty Disclaimer . EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, ALL SERVICES AND SUBSCRIPTION MATERIALS ARE PROVIDED "AS -IS" AND LEXIPOL DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON -
INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
11. Indemnification. To the fullest extent permitted by law, Lexipol shall defend (at Lexipol’s sole cost and expense), indemnify, protect, and hold harmless Agency, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), 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 ( Lexipol’s employees included), for damage to property, including property owned by Agency, from errors or omissions, or willful misconduct, committed by Lexipol, its officers, employees, representatives, and agents, in its 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.
12. Limitation of Liability. Lexipol’s cumulative liability resulting from any claims, demands, or actions arising out of or relating to the Agreement, the Services, or the use of any Subscription Materials shall not exceed twice the aggregate amount of subscription fees actually paid to Lexipol by Agency for the associated Services during the twelve-month period immediately prior to the assertion of such claim, demand, or action. In no event shall Lexipol be liable for any indirect, incidental, consequential, special, exemplary damages, or lost profits, even if Lexipol has been advised of the possibility of such damages. The limitations set forth in this Section shall apply whether the subject claim is based on breach of contract, tort, strict liability, product liability or any other theory or cause of action. Limitation of liability under this section shall not apply to Lexipol’s indemnification obligations.
13. Cyber Liability Insurance. At all times during the performance of the work under this Agreement and for sixty (60) months following the end of the Term, Lexipol shall carry and maintain, at its own expense, including any Agency-approved deductibles or retentions, Cyber Liability insurance in an amount of $1,000,000 per occurrence/$2,000,000 aggregate . The Cyber Liability policy must include security and privacy liability, media liability, business interruption and extra expense, and cyber extortion liability.
14. General Terms.
14.1 General Interpretation. The language used in the Agreement and these Terms shall be Item 1K - Page 10
deemed to express the mutual intent of Lexipol and Agency. The Agreement shall be construed without regard to any presumption or rule requiring construction against the party causing such instrument or any portion thereof to be drafted, or in favor of the party receiving a particular benefit under the Agreement.
14.2 Invalidity of Provisions. Each of the provisions contained in the Agreement and these Terms is distinct and severable. A declaration of invalidity or unenforceability of any such provision or part thereof by a court of competent jurisdiction shall not affect the validity or enforceability of any other provision hereof. Further, if a court of competent jurisdiction finds any provision of the Agreement to be invalid or unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intention as reflected in such provision to the maximum extent possible.
14.3 Waiver. Lexipol’s failure to exercise, or delay in exercising, any right or remedy under any provision of the Agreement shall not constitute a waiver of such right or remedy.
14.4 Governing Law. The Agreement shall be construed in accordance with, and governed by, the laws of the State in which Agency is located, without giving effect to any choice of law doctrine that would cause the law of any other jurisdiction to apply.
14.5 Covenant Against Discrimination. In connection with its performance under this Agreement, Lexipol shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, an cestry, 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 ”). Lexipol shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to Agency’s lawful capacity to enter this Agreement, and in executing this Agree ment, Lexipol certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Lexipol activity, including but not limited to the following: employment, upgrading, demotion o r transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Lexipol 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.
14.6 Compliance with Laws. Each party shall maintain compliance with all applicable laws, rules, regulations, and orders promulgated by any federal, state, or local government body or agency relating to its obligations pursuant to the Agreement and these Terms.
14.7 Attorney’s Fees. If any action is brought by either party to the Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorneys’ fees and expenses of litigation.
14.8 Notices. Any notice required by the Agreement or given in connection with it shall be in writing and shall be made by certified mail (postage prepaid), or recognized overnight delivery service to addresses listed on the Cover Sheet..
14.9 Entire Agreement. The Agreement, including these Terms, embodies the entire agreement and understanding of the parties hereto and expressly supersedes all prior written and oral agreements and understandings with respect to the subject matter hereof. No representation, promise, or statement of intention has been made by any party hereto that is not embodied in the Agreement. Terms and conditions set forth in any purchase order or any other form or document that are inconsistent with or in addition to the terms and conditions set forth in the Agreement are hereby objected to and rejected in their entirety, regardless of when received, without further action or notification, and shall not be considered binding unless specifically agreed to in writing by both parties. No amendment, modification, or supplement to the Agreement shall be binding unless it is in writing and signed by the parties.
14.10 Counterparts. The Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same document for purposes of the Agreement.
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Lexipol Service Level Agreement for Cloud-Based Services
1. Response Times. For issues relating to Lexipol’s online, cloud-based Services (e.g. KMS, LMS, Wellness), Lexipol will make an industry standard and commercially reasonable effort to respond promptly (via Lexipol’s Normal Support Channels) within two (2) Business Days after receipt.
2. Uptime Commitment. The Uptime Percentage for the Service will be ninety -nine and five-tenths percent (99.5%) (the “Uptime Commitment”). Subject to the exclusions described in below, “Uptime Percentage” is calculated by subtracting from 100% the percentage of 1 -minute periods during any annual billing cycle in which Agency’s selected Service(s) are unavailable out of the total number of minutes in that billing cycle. “Unavailable” and “Unavailability” mean that, in any 1 -minute period, all connection requests rece ived by Agency failed to process (each a “Failed Connection”); provided, however, that no Failed Connection will be counted as a part of more than one such 1 -minute period (i.e. a Failed Connection will not be counted for the period 12:00:00-12:00:59 and the period 12:00:30-12:01:29). The Yearly Uptime Percentage will be measured based on the industry standard monitoring tools.
3. Exclusions from Uptime Percentage. All Service Unavailability resulting from the following will be excluded from calculation of Uptime Percentage: (a) Regularly -scheduled maintenance of the Service that does not exceed six (6) hours per 3 -month period and is communicated by Lexipol at least twenty-four (24) hours in advance via Lexipol’s support channels (Lexipol typically schedules such regularly scheduled maintenance once per month); (b) Any failures of the Lexipol Standard and Custom Reporting Services that does not exceed six (6) hours per 3-month period and is communicated by Lexipol at least twenty-four (24) hours in advance via Lexipol’s Normal Support Channels; (c) Any issues with a third-party service to which Agency subscribes but does not control; (d) Any problems not caused by Lexipol that result from, computing or networking hardware, other equipment or software under Agency’s control, the Internet, or other issues with electronic communications; (e) Lexipol’s suspension or termination of the Service in accordance with the Terms ; (f) Exceeding Lexipol’s published Concurrent Request Limits; (g) Software that has been subject to unauthorized modification by Agency; (h) Negligent or intentional misuse of the Service by Agency.
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ATTACHMENT B
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Ii DocuSigned by:
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CITY COUNCIL STAFF REPORT
11/10/2022
SUBJECT:
APPROVAL OF A LICENSE AGREEMENT WITH THE RIVERSIDE COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT FOR THE RAMON ROAD WIDENING (FROM SAN LUIS REY DR. TO LANDAU BLVD.) INCLUDING THE WHITEWATER RIVER BRIDGE WIDENING, CITY PROJECT NO. 08-25, FEDERAL-AID PROJECT NO. BHLS-5282 (040)
RECOMMENDATION:
Approve a License Agreement with Riverside County Flood Control and Water Conservation District for the construction of the Ramon Road Widening (San Luis Rey Dr. to Landau Blvd.) including the Whitewater River Bridge Widening, City Project No. 08-25, Federal-Aid Project No. BHLS-5282 (040).
1. Authorize the Interim City Manager to execute all necessary documents.2.
Attachments
Item 1L
CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 10, 2022 CONSENT CALENDAR
SUBJECT: APPROVAL OF A LICENSE AGREEMENT WITH THE RIVERSIDE
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FOR THE RAMON ROAD WIDENING (FROM SAN LUIS REY DR. TO
LANDAU BLVD.) INCLUDING THE WHITEWATER RIVER BRIDGE
WIDENING, CITY PROJECT NO. 08 -25, FEDERAL -AID PROJECT NO.
BHLS-5282 (040)
FROM: Teresa Gallavan, Interim City Manager
BY: Engineering Services Department
SUMMARY:
Approval of this item will authorize the City Manager to execute a License Agreement with Riverside County Flood Control and Water Conservation District (the “District”) to allow the City’s construction of the improvements identified as the Ramon Road Widening (San Luis Rey Dr. to Landau Blvd.) including the Whitewater River Bridge Widening, City Project No. 08-25, Federal-Aid Project No. BHLS-5282 (040), (the “Project”). The License Agreement is necessary for any work within the District’s easement and right-of-way.
RECOMMENDATION:
1. Approve a License Agreement with Riverside County Flood Control and Water Conservation District for the construction of the Ramon Road Widening (San Luis Rey Dr. to Landau Blvd.) including the Whitewater River Bridge Widening, City Project No. 08-25, Federal-Aid Project No. BHLS-5282 (040).
2. Authorize the Interim City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
Not Applicable.
BACKGROUND:
On January 30, 2008, the City of Palm Springs, the City of Cathedral City, and the Agua Caliente Band of Cahuilla Indians submitted a letter to CVAG requesting funding for a Item 1L - Page 1
City Council Staff Report
November 10, 2022 -- Page 2
CP 08-25 PS RCFC License Agreement
Project Study Report (PSR) to identify the project details and overall scope for the widening of Ramon Road to its full 6- lane width, extending from San Luis Rey Drive to Landau Boulevard, including widening of the existing bridge over the Whitewater River.
This capital improvement project has been called the Ramon Road Widening ( from San Luis Rey Dr. to Landau Blvd.) including the Whitewater River Bridge Widening, City Project No. 08-25, (the “Project”). A location map with a 500’ radius is provided in Figure 1 for reference.
Figure 1 – Location Map with a 500’ Radius
On May 9, 2009 , following approval of funding from CVAG, City Council awarded a Professional Services Agreement (“PSA”) to CNS Engineers, Inc., (“CNS”), to prepare a Project Study Report (“PSR”) to identify the project details and overall scope for the Project. CNS subsequently completed the PSR resulting in a funding package requesting over $25 m illion in F ederal Highway Bridge Program (“HBP”) fun ds for widening the Ramon Road Bridge and adjacent bridge approaches. The existing Ramon Road Bridge is eligible for funding under the HBP, which is administered by the S tate of California Department of Transportation (“Caltrans”). The HBP federal funds cover 88.53% of eligible project costs, requiring an 11.47% local match.
On April 28, 2010, Caltrans representatives advised the City that the funding request was approved, and that the project would be programmed as part of the HBP in 2011. Total project costs and initial project schedule are identified in Table 1:
Item 1L - Page 2
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City Council Staff Report
November 10, 2022 -- Page 3
CP 08-25 PS RCFC License Agreement
Table 1
Phase
HBP
Federal
Funding
CVAG
Regional
Measure A
Palm Springs
Local
Measure A
Cathedral
City
Fair Share
Totals
Preliminary
Engineering $2,453,000 $686,250 $114,375 $114,375 $3,368,000 Right of Way $1,030,000 $1,302,000 $188,356 $245,644 $2,766,000 Construction $21,753,000 $6,083,250 $880,044 $1,147,706 $29,864,000 Totals $25,236,000 $8,071,500 $1,182,775 $1,507,725 $35,998,000
Pursuant to a previous funding agreement with CVAG and Cathedral City, the local funding amounts were funded by CVAG with 75% Regional Measure A funds with the remaining 25% appropriately split between Palm Springs and Cathedral City. This reduces the City’s responsibility of the $36 million total project cost to approximately $1.2 million, to be funded with Local Measure A funds.
STAFF ANALYSIS:
The Riverside County Flood Control requires a formal License Agreement for any construction that is to take place within their easement and right -of-way. The Project encroaches onto and expands the existing slope lining within the channel and improves pier walls and other bridge infrastructure.
Staff, along with legal counsel , have reviewed the proposed License Agreement and support the approval by Council. A copy of the License Agreement is included as Attachment A.
ENVIRONMENTAL ASSESSMENT
:
Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (“CEQA”). In accordance with the CEQA Guidelines, the City acting as “Lead Agency” pursuant to CEQA, previously completed an environmental analysis of the potential impacts resulting from construction of the Project. On May 7, 2014, the City Council adopted Resolution No. 23544, adopting and ordering the filing of a Mitigated Negative Declaration for the Project. Subsequently, on May 14, 2014, S taff filed a Notice of Determination with the Riverside County Clerk and State Clearinghouse.
The Project is funded, in part, by federal funds, requiring local oversight by Caltrans. As a federally funded project, the Project is subject to environmental review pursuant to the National Environmental Policy Act (“NEPA”) . On June 9, 2014, Caltrans, acting as the lead agency pursuant to NEPA, made an environmental determination that the Project does not individually or cumulatively have a significant impact on the environment as Item 1L - Page 3
I I
City Council Staff Report
November 10, 2022 -- Page 4
CP 08-25 PS RCFC License Agreement
defined by NEPA and is excluded from the requirements to prepare an Environmental Assessment (“EA”) or Environmental Impact Statement (“EIS”), and that it qualifies for a Categorical Exclusion in accordance with 23 USC 327 . Subsequently, on January 21, 2016, Caltrans completed a NEPA re- validation of the Project, confirming that the prior NEPA determination for the Project remains valid, and approved the City to proceed with the right-of-way acquisition phase.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with City Council Priority “Community Infrastructure”, specifically Priority 3B, 5-Year Capital Improvement Plan, in identifying high priority facilities.
FISCAL IMPACT
:
The requested action has no fiscal impact.
REVIEWED BY:
City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. License Agreement
Item 1L - Page 4
Attachment A
Item 1L - Page 5
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LICENSE AGREEMENT
Ramon Road Widening Project
Encroachment Permit No. 3382
This License Agreement ("License Agreement"), dated as of ________________, is entered into by and between the Riverside County Flood Control and Water Conservation District, a body corporate and politic, ("LICENSOR") and the City of Palm Springs, a municipal corporation ("LICENSEE"). LICENSOR and LICENSEE are hereinafter collectively referred to as the "Parties" or individually as "Party".
RECITALS
A. LICENSOR is the owner of Whitewater River - Right Bank Levee, Stages 1 and 2, Project No. 6 -0-00250, principally located in the cities of Palm Springs and Cathedral City, identified as District Parcel Number s 6250-7 and 6250 -9, hereinafter called "WHITEWATER RIVER ", shown in concept in orange on Exhibit "A", attached hereto and made part hereof; and
B. WHITEWATER RIVER is an essential and integral part of DISTRICT' s regional system of stormwater management infrastructure that provides critical flood control and drainage to the cities of Cathedral City and Palm Springs, and adjacent unincorporated areas; and C. WHITEWATER RIVER is located within LICENSOR's existing easements and rights of way, hereinafter called "LICENSOR RIGHTS OF WAY"; and D. LICENSEE desires to construct: (i) WHITEWATER RIVER
Improvements within Ramon Road from approximately Station 9+33.38 to Station 10+53.08 (the "LEVEE IMPROVEMENTS"), as shown on LICENSORꞌs Drawing No. 6-0319, and located in LICENSOR's Watershed Analytics Division (Attn: Reproduction Section), (ii) concrete lining along the side slopes and bottom of channel and extend toe of existing slope lining (the "CHANNEL SLOPE IMPROVEMENTS"), (iii) transverse and longitudinal cutoff walls Item 1L - Page 6
246434
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upstream and downstream of bridge (the "AUXILIARY STRUCTURES"), bridge pier walls to support bridge superstructure (the "PIER WALL IMPROVEMENTS "), and (iv) re-grading of the existing channel ("CHANNEL GRADING "). Together, LEVEE IMPROVEMENTS,
CHANNEL SLOPE IMPROVEMENTS, AUXILIARY STRUCTURES, PIER WALL IMPROVEMENTS and CHANNEL GRADING are hereinafter called ("BRIDGE"), as shown in concept in blue, green and red on Exhibit "B", attached hereto and made a part hereof; and E. LICENSOR desires to op erate and maintain the AUXILIARY STRUCTURES, as shown in concept in blue on Exhibit "B"; and F. BRIDGE and its associated roadway improvements are required by the cities of Palm Springs and Cathedral City to accommodate traffic volume. Therefore, due to the widening of BRIDGE and its proposed roadway improvements, WHITEWATER RIVER will need to be improved to protect BRIDGE from scour; and
G. LICENSEE desires to utilize portions of LICENSOR RIGHTS OF WAY, with said portions hereinafter collectively called "LICENSE AREA", as shown in concept in yellow on Exhibit "B"; and
H. WHITEWATER RIVER flood control function is sporadic in nature and thus, construction and operation of BRIDGE may be accommodated within LICENSE AREA to the extent that such uses do not unreasonably interfere with LICENSE AREA's principal function or LICENSOR's ability to operate and maintain WHITEWATER RIVER; and I. Subject to the provisions of this License Agreement, LICENSOR is willing to (i) allow LICENSEE to cause the construction of BRIDGE within LICENSE AREA, and (ii) allow LICENSEE to operate and maintain the portion of LEVEE IMPROVEMENTS, CHANNEL SLOPE IMPROVEMENTS, PIER WALL IMPROVEMENTS and CHANNEL Item 1L - Page 7
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GRADING located within its right of way, as shown in green on Exhibit "B", including the CV link Trail underneath BRIDGE within Ramon Road rights of way; and J. In accordance with the provisions of this License Agreement, LICENSEE will (i) prepare, or cause to be prepared, plans and specifications f or BRIDGE and submit to LICENSOR for its review and written approval, which shall not be unreasonably withheld, (ii) cause the construction, inspection, repair of BRIDGE at no cost to LICENSOR, (iii) conduct periodic safety inspections of BRIDGE, (iv) accept ownership and responsibility for the structural integrity of BRIDGE , (v) accept operation and maintenance of LEVEE
IMPROVEMENTS, CHANNEL SLOPE IMPROVEMENTS, PIER WALL IMPROVEMENTS and CHANNEL GRADING , and (vi) i ndemnify, defend, and hold LICENSOR harmless from any claims arising from LICENSEE's or the public's use of BRIDGE or from LICENSEE's responsibilities in connection therewith or the condition thereof; and K. It is in the public interest to proceed with this License Agreement.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
SECTION I
LICENSEE shall:
1. Pursuant to the California Environmental Quality Act ("CEQA"), continue to act in the Lead Agency role and be responsible for preparation, circulation and adoption of all necessary and appropriate CEQA documents pertaining to (i) construction, operation, repair, and maintenance of BRIDGE and (ii) operation, repair, and maintenance of BRIDGE.
2. Prior to constructing any improvements on, or performing any physical modifications within, LICENSE AREA, prepare or cause to be prepared plans and specifications Item 1L - Page 8
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for BRIDGE ("IMPROVEMENT PLANS") and submit to LICENSOR (Attention: Plan Check Section) for review and approval.
3. Pay all reasonable costs associated with preparation of IMPROVEMENT PLANS including LICENSOR's review and approval thereof.
4. Pay all reasonable costs associated with LICENSOR's preparation and administration of this License Agreement.
5. Secure, at its sole costs and expense, all necessary permits, approvals, licenses or agreements as may be required by any federal, state or local resource or regulatory agencies, as may be needed to construct, inspect, operate and maintain BRIDGE.
6. Obtain an encroachment permit from LICENSOR (Attention: Plan check Section), pursuant to its rules and regulations and comply with all provisions set forth therein, prior to commencing construction of BRIDGE or any other improvements within LICENSOR RIGHTS OF WAY.
7. Prior to commencing construc tion of BRIDGE within LICENSE AREA, furnish LICENSOR with copies of all permits, approvals or agreements as may be required by any federal, state or local resource and/or regulatory agencies for the construction, operation , inspection, and maintenance of BRIDGE. Such documents include but are not limited to those issued by the U.S. Fish and Wildlife Service, U.S. Army Corps of Engineers, California Regional Water Quality Control Board, California Department of Fish and Wildlife, the State Water Resources C ontrol Board , and the Coachella Valle y Conservation Commission (the "REGULATORY PERMITS").
8. Assume sole responsibility for compliance with the requirements of all REGULATORY PERMITS, including any amendments thereto, pertaining to the construction, operation, inspection, and maintenance of BRIDGE.
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9. Take reasonable action to ensure that REGULATORY PERMITS, including any subsequent renewal or amendments thereto, will not (i) unreasonably impede LICENSOR's ability to perform all necessary operation and m aintenance activities for WHITEWATER RIVER as determined by LICENSOR, or (ii) include any stipulations that would result in additional mitigation obligations being placed upon LICENSOR for maintenance operations within LICENSOR RIGHTS OF WAY.
10. Cause BRIDGE to be constructed in LICENSE AREA, in accordance with IMPROVEMENT PLANS approved by LICENSOR, and pay all costs associated therewith.
11. Provide LICENSOR with a reproducible duplicate copy of final record drawings.
12. Not permit any change to, o r modification of, LICENSOR permitted IMPROVEMENT PLANS without the prior written permission and consent of LICENSOR, which shall not be unreasonably withheld.
13. Assume sole responsibility for (i) the design, construction, inspection, of BRIDGE, (ii) the repair of BRIDGE, (iii) the operation and maintenance of LEVEE
IMPROVEMENTS, CHANNEL SLOPE IMPROVEMENTS, PIER WALL IMPROVEMENTS and CHANNEL GRADING , including all necessary modifications, repairs, corrections or temporary removal as reasonably deemed necessary by LICENSOR for the continuing function, reconstruction, repair or operation and maintenance of the WHITEWATER RIVER facility.
14. Within LICENSOR RIGHTS OF WAY, (i) assume sole responsibility for the operation and maintenance of all LICENSEE constructed improvements, including but not limited to, performing all necessary repairs and the routine removal of trash and debris associated with LICENSEE's and public's use of LICENSOR RIGHTS OF WAY , (ii) assume sole responsibility for the structu ral int egrity of BRIDGE , and (i ii) as between LICENSOR and Item 1L - Page 10
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LICENSEE, assume all liability associated with the public use of LICENSOR RIGHTS OF WAY including claims of third persons for injury or death or damage to property, subject to any defenses and immunities LICENSEE may have in response to such third party claims . Said obligation shall not include any inverse condemnation liability of LICENSOR by reason of the location of WHITEWATER RIVER or BRIDGE improvements thereto unless such liability is the result of LICENSEE's operations or use of the property by the public pursuant to LICENSEE's actual or tacit consent.
15. Protect the safety of the public who may utilize BRIDGE by conducting periodic safety inspections and promptly making repairs that are necessary to safeguard the public and its use thereof.
16. Promptly repair any damage to BRIDGE resulting from LICENSEE′s or the public's use of LICENSOR RIGHTS OF WAY under the license granted herein unless such damage is caused by flooding, or is the result of LICENSOR's customary operation, maintenance or improvements to its facilities located therein.
17. Waive any claim against LICENSOR for damages to BRIDGE resulting from LICENSOR's customary ope ration and maintenance activities performed within LICENSOR RIGHTS OF WAY or its appurtenant works, including any natural calamity, act of God, or any cause or conditions beyond the control of LICENSOR, save and except damages resulting from LICENSOR's active negligence or willful misconduct.
18. Immediately remove, upon written request by LICENSOR's General Manager-Chief Engineer, any improvements and/or equipment not previously approved by LICENSOR or cease use where LICENSEE has installed any such impro vements and/or equipment or LICENSEE has used or allowed use of LICENSOR RIGHTS OF WAY in a manner which, in the reasonable opinion of LICENSOR's General Manager -Chief Engineer, would be Item 1L - Page 11
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detrimental to the operation of WHITEWATER RIVER. If LICENSOR invokes this provision, it shall be required to communicate a detailed explanation of the basis for its determination that BRIDGE has become detrimental to the operation of LEVEE in writing to LICENSEE and shall be required to meet and confer with LICENSEE 's designated representatives prior to finalizing such opinion.
19. If in the opinion of the General Manager -Chief Engineer, LICENSEE's or the public's use of LEVEE RIGHT OF WAY may cause or contribute to a public hazard, a public nuisance, degradation of water quality or any other matter of substantial concern to LICENSOR, LICENSOR reserves the right to reasonably require remediation and, if remediation is unsuccessful, to terminate this License Agreement.
20. Indemnify and hold harmless LICENSOR, its directors, officers, Board of Supervisors, elected and appointed officials, agents, employees, representatives, independent contractors and subcontractors (collectively "INDEMNIFIED PARTIES ") from any liability whatsoever, based or asserted upon any act or omission of LICENSEE, its officers, employees, subcontractors, agents or representatives, arising from, related to or in any manner connected with LICENSEE's use and responsibilities in connection therewith of LICENSOR RIGHTS OF WAY or the condition thereof including, but not limited to, property damage, bodily injury or death or any other element of any kind or nature whatsoever arising from, related to, or in any manner connected with the public use of LICENSOR RIGHTS OF WAY. LICENSEE shall defend, at its sole expense, all costs and fees including, but not limited to, attorneys' fees, cost of investigation, defense and settlements or awards, INDEMNIFIED PARTIES in any claim or legal action based upon such alleged acts or omissions.
21. With respect to any action or claim subject to indemnification herein by LICENSEE, LICENSEE shall, at their sole cost, have the right to use counsel of their own choice Item 1L - Page 12
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and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of LICENSOR; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes LICENSEE's indemnification to INDEMNIFIED PARTIES as set forth herein. LICENSEE's obligation hereunder shall be satisfied when LICENSEE has provided to INDEMNIFIED PARTIES the appropriate form of dismissal relieving INDEMNIFIED PARTIES from any liability for the action or claim involved.
The specified insurance limits required in this License Agreement sh all in no way limit or circumscribe LICENSEE's obligations to indemnify and hold harmless INDEMNIFIED PARTIES herein from third party claims.
22. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve LICENSEE from indemnifying INDEMNIFIED PARTIES to the fullest extent allowed by law.
23. This indemnification provision shall survive termination or expiration of this License Agreement until such a time as the statute of limitations shall run for any claims that may arise out of this License Agreement.
SECTION II
LICENSOR shall:
1. Act as a responsible agency under CEQA, taking all necessary and appropriate action to comply with CEQA.
2. Review, comment and approve, as appropriate, IMPROVEMENT PLANS prior to the start of constructing any improvements on, or performing any physical modifications within, LICENSE AREA.
Item 1L - Page 13
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3. Review, comment and approve, as appropriate on all REGULATORY PERMITS, including any subsequent renewal or amendments thereto, prior to final execution or acceptance by LICENSEE.
4. Upon LICENSOR approval of IMPROVEMENT PLANS and
REGULATORY PERMITS, issue an encroachment permit to LICENSEE for the constru ction of BRIDGE, and the operation and maintenance of LEVEE IMPROVEMENTS, CHANNEL SLOPE IMPROVEMENTS, BRIDGE IMPROVEMENTS and CHANNEL GRADING in accordance with LICENSOR approved IMPROVEMENT PLANS and subject to the provisions set forth in LICENSOR's Encroachment Permit.
5. Grant LICENSEE a revocable license to utilize LICENSE AREA for public purposes, provided that LICENSEE's activities do not, in any way whatsoever, unduly compromise WHITEWATER RIVER's primary flood control purpose and function or otherwise interfere with LICENSOR's ability to operate, maintain, repair or reconstruct WHITEWATER RIVER or any appurtenant works. Said license may be revoked by LICENSOR in the event that said uses, in the reasonable discretion of LICENSOR's General Manager-Chief Engineer, unduly compromise WHITEWATER RIVER's primary flood control purpose and function or interfere with LICENSOR's ability to operate and maintain WHITEWATER RIVER.
6. Inspect BRIDGE construction, as appropriate.
7. Provide LICENSEE with written notice of (i) any non -compatible use or condition that is not in conformity with the provisions of this License Agreement, or (ii) any condition which, in the reasonable opinion of LICENSOR's General Manager-Chief Engineer, could adversely affect the primary flood control function of LEVEE or LICENSOR's ability to operate and maintain WHITEWATER RIVER, and grant LICENSEE ten (10) days from and after such notice to correct any such nonconforming use or condition.
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8. Continue to maintain WHITEWATER RIVER 's structural integrity, including but not limited to lines and grades, inlets, fencing and ramps to such an extent that WHITEWATER RIVER continues to function as a flood control facility at its design level.
9. Assume responsibility of the operati on and maintenance of AUXILIARY STRUCTURES.
10. Assume no responsibility, obligation, or liability whatsoever, for (i) the design, construction, inspection, repair, of BRIDGE, (ii) operation and maintenance of LEVEE
IMPROVEMENTS, CHANNEL SLOPE IMPROVEMENTS, PIER WALL IMPROVEMENTS and CHANNEL GRADING , or (iii) LICENSEE's or public's use of LICENSOR RIGHTS OF WAY as granted herein, unless done so expressly in writing approved by both parties as an amendment or addendum to this License Agreement.
11. Other than in emergency situations, provide thirty (30) days written notice to LICENSEE should LICENSOR determine that a closure of BRIDGE for the purpose of operation, maintenance repair or re-construction is necessary.
SECTION III
It is further mutually agreed:
1. The term of this License Agreement shall com mence on the date this License Agreement is executed by all parties hereto and shall continue thereafter, unless and until terminated in accordance with the provisions of this License Agreement
2. LICENSOR reserves the right to terminate this License Agreement and any encroachment permit issued thereto if, for any reason whatsoever, LICENSOR's General Manager-Chief Engineer reasonably determines that LICENSEE's or the public's use of LICENSOR RIGHTS OF WAY is not compatible with WHITEWATER RIVER primary flood control purpose or function.
Item 1L - Page 15
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3. BRIDGE shall, at all times, remain under the sole ownership and exclusive responsibility of LICENSEE. Nothing herein shall be construed as creating any obligation or responsibility on the part of LICENSOR to inspect, or warranty BRIDGE, or operate, maintain
LEVEE IMPROVEMENTS, CHANNEL SLOPE IMPROVEMENTS, PIER WALL IMPROVEMENTS and CHANNEL GRADING.
4. Except as otherwise provided herein, all construction work associated with BRIDGE shall be inspected by LICENSEE and shall not be deemed complete until approved and accepted as complete by LICENSEE.
5. LICENSOR personnel may observe and inspect all work b eing done on BRIDGE. It is further mutually agreed by the parties hereto that any quality control comments from LICENSOR regarding said work shall be provided in writing to shall be provided to LICENSEE personnel who, as LICENSEE's construction contract administrator, shall be solely responsible for all official communications with its construction contractor(s).
6. As a condition to this License Agreement, without limiting or diminishing LICENSEE's obligation to indemnify or hold INDEMNIFIED PARTIES harml ess, LICENSEE shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverages during the term of this License Agreement. As respects to the insurance section, LICENSOR herein refers to the Riverside County Flood Control and Water Conservation District, the County of Riverside, its agencies, districts, special districts and departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents, or representatives as Additional Insureds.
a. Workers' Compensation. If LICENSEE has employees as defined by the State of California, LICENSEE shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the Item 1L - Page 16
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State of California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of LICENSOR and the County of Riverside. b. Commercial General Liability. Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of LICENSEE's performance of its obligations hereunder. Policy shall name the Riverside County Flood Control and Water Conservation District, the County of Riverside, its agencies, districts, special districts, and departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds. Policy's limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this License Agreement or be no less than two (2) times the occurrence limit.
c. Vehicle Liability. If LICENSEE's vehicles or mobile equipment are used in the performance of the obligations under this License Agreement, then LICENSEE shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this License Agreement or be Item 1L - Page 17
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no less than two (2) times the occurrence limit. Policy shall name the Riverside County Flood Control and Water Conservation District, the County of Ri verside, its agencies, districts, special districts, and departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds.
d. General Insurance Provisions - All lines.
i. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by the County of Riverside Risk Manager. If the County of Riverside Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.
ii. LICENSEE's insurance carrier(s) must declare its insurance deductibles or self-insured retentions. If such deductibles or self- insured retentions exceed $500,000 per occurrence such
deductibles and/or retentions shall have the prior written consent of the County of Riverside Risk Manager before the
commencement of use and operations under this License
Agreement. Upo n notification of deductibles or self -insured retentions unacceptable to LICENSOR, and at the election of the County of Riverside Risk Manager, LICENSEE's carriers shall either: 1) reduce or eliminate such deductibles or self -insured Item 1L - Page 18
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retentions as respects this License Agreement with LICENSOR, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses.
iii. LICENSEE shall cause LICENSEE's insurance carrier(s) to furnish LICENSOR with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, or 2) if requested to do so orally or in writing by the County of Riverside Risk Manager, provide origin al Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given to LICENSOR prior to any material modification, cancellation, expiration or reduction in coverage of such insurance.
If LICENSEE's insurance carrier(s) do(es) not meet the minimum notice requirement found her ein, LICENSEE shall cause
LICENSEE's insurance carrier(s) to furnish a 30 day Notice of Cancellation Endorsement.
iv. In the event of a material modification, cancellation, expiration, or reduction in coverage, this License Agreement shall terminate forthwith, unless LICENSOR receives, prior to such effective date, another properly executed original Certificate of Insurance and Item 1L - Page 19
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original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverages set forth herein and the insurance required herein is in full force and effect. LICENSEE shall not commence entry onto LICENSE AREA until LICENSOR has been furnished original Certificate(s) of Insurance and certified original copies of endorsements and i f requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements f or each policy and the Certificate of Insurance. LICENSOR reserves the right to require complete certified copies of all policies of LICENSEE's contractors and subcontractors, at any time.
v. It is understood and agreed to by the parties hereto and the insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary insurance, and LICENSOR's and the County of Riverside's insurance and/or deductibles and/or self-insured retentions or self- insured programs shall not be construed as contributory. vi. If, during the term of this License Agreement or any extension thereof, there is a material change in the scope of the License Agreement; or, there is a material change in the equipment to be used in the performa nce of the scope of work (such as the use of Item 1L - Page 20
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aircraft or watercraft), LICENSOR reserves the right to adjust the types of insurance required under this License Agreement and the monetary limits of liability for the insurance coverages currently required her ein, if in the County of Riverside Risk Manager's reasonable judgment, the amount or type of insurance carried by LICENSEE has become inadequate.
vii. LICENSEE shall pass down the insurance obligations contained herein to all tiers of subcontractors working und er this License Agreement.
viii. The insurance requirements contained in this License Agreement may be met with a program(s) of self -insurance acceptable to LICENSEE.
7. This License Agreement is to be construed in accordance with the laws of the State of California.
8. If any provision of this License Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall be declared severable and shall be given full force and effect to the fullest extent poss ible. It is expressly understood that this License Agreement is not exclusive and does not in any way whatsoever grant or convey any permanent easement, lease, fee or other real property interest in WHITEWATER RIVER to LICENSEE.
9. This License Agreement is subordinate to all prior and future rights of LICENSOR in WHITEWATER RIVER and the use of WHITEWATER RIVER for the purposes in which it was acquired.
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10. The undersigned represents that it has the authority to, and does, bind the person or entity on who se behalf and for whom it is signing this License Agreement and the attendant documents provided for herein, and this License Agreement and said additional documents are, accordingly, binding on said person or entity.
11. This License Agreement is made for the benefit of the parties to this License Agreement and their respective successors and assigns, and except as provided in Section III.19., no other persons or entity may have or acquire any right by virtue of this License Agreement.
12. LICENSEE shall not permit to be placed against WHITEWATER RIVER or any part thereof, any design professionals', mechanics', material man's, contractors' or subcontractors' liens with the regard to LICENSEE's actions upon WHITEWATER RIVER agrees to hold LICENSOR harmless for any loss or expense, including reasonable attorneys' fee, arising from any such liens which might be filed against WHITEWATER RIVER caused by LICENSEE.
13. Any and all notices sent or required to be sent to the parties of this License Agreement will be mailed by first class mail, postage prepaid, to the following addresses:
RIVERSIDE COUNTY FLOOD CONTROL CITY OF PALM SPRINGS
AND WATER CONSERVATION DISTRICT 3200 E. Tahquitz Canyon Way 1995 Market Street Palm Springs, CA 92262
Riverside, CA 92501 Attn: Joel Montalvo
Attn: Encroachment Permits Section
14. Any action at law or in equity brought by any of the parties hereto for the purpose of enforcing a right or rights provided for by this License Agreement, shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.
Item 1L - Page 22
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15. The parties hereto shall attempt to resolve any disputes amicably at the working level. If that is not successful, the dispute shall be referred to the senior management of the parties. LICENSEE shall proceed diligently with the performance of this License Agreement pending the resolution of a dispute. Prior to the filing of any legal action related to this License Agreement, the parties shall be obligated to attend a mediation session with a neutral third-party mediator agreeable to both parties in the County of Riverside. The parties shall share the cost of mediation.
16. This License Agreement is the result of negotiations between the parties hereto and the advice and assistance of their respective counsel. The fact that this License Agreement was prepared as a matter of convenience by LICENSOR shall have no import or significance. Any uncertainty or ambig uity in this License Agreement shall not be construed against LICENSOR because LICENSOR prepared this License Agreement in its final form.
17. Any waiver by LICENSOR or by LICENSEE of any breach of any one or more of the terms of this License Agreement sh all not be construed to be a waiver of any subsequent or other breach of the same or of any other term hereof. Failure on the part of LICENSOR or LICENSEE to require exact, full and complete compliance with any terms of this License Agreement shall not be construed as in any manner changing the terms hereof, or estopping LICENSOR or LICENSEE from enforcement hereof.
18. This License Agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This License Agreement may be changed or mod ified only upon the written consent of the parties hereto.
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19. This License Agreement shall not be assigned by either Party, in whole or in part, without the prior written consent of the other Party.
20. This License Agreement may be executed in any numb er of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each Party of this License Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this License Agreement. The Parties further agree that the electronic signatures of the Parties included in this License Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. CUETA authorizes use of an electronic signature for transactions and contracts among Parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the Party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a ty pe of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.
//
//
Item 1L - Page 24
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IN WITNESS WHEREOF, the parties hereto have executed this License Agreement on .
(to be filled in by Clerk of the Board)
RIVERSIDE COUNTY FLOOD CONTROL
RECOMMENDED FOR APPROVAL: AND WATER CONSERVATION DISTRICT
By By ___________________________________
JASON E. UHLEY KAREN SPIEGEL, Chair
General Manager-Chief Engineer Board of Supervisors, Riverside County Flood Control and Water Conservation District
APPROVED AS TO FORM: ATTEST:
KECIA R. HARPER
COUNTY COUNSEL Clerk of the Board
By By
WESLEY W. STANFIELD Deputy
Deputy County Counsel
(SEAL)
Ramon Road Widening Project
Encroachment Permit No. 3382
License Agreement with City of Palm Springs
AMR:blm
10/13/22
Item 1L - Page 25
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CITY OF PALM SPRINGS
By
TERESA GALLAVAN
Interim City Manager
APPROVED AS TO FORM: ATTEST:
By By
JEFFREY BALLINGER
City Attorney
BRENDA PREE
City Clerk
(SEAL)
Ramon Road Widening Project
Encroachment Permit No. 3382
License Agreement with City of Palm Springs
AMR:blm
10/13/22
Item 1L - Page 26
Exhibit A
Item 1L - Page 27
DISTRICT RIGHT OF WAY
DISTRICT MAINTAINED AREA
PROPOSED BRIDGE PROJECT
CITY OF PALM SPRINGS
MAINTAINED AREA
PROP. ROW
EXIST. ROW
CITY BOUNDARY
EXHIBIT B
Item 1L - Page 28
CITY COUNCIL STAFF REPORT
11/10/2022
SUBJECT:
APPROVE PURCHASE OF THE POPSICLES ARTWORK BY JOHN CERNY LOCATED AT 605 E. SUNNY DUNES ROAD IN THE AMOUNT OF $14,000 WITH
PUBLIC ARTS FUNDS
RECOMMENDATION:
Approve purchase of the Popsicles Artwork by John Cerny in the amount of $14,000 with Public Arts Funds.
1. Authorize the purchase of the Artwork subject to review and approval of a purchase and sale agreement in a form acceptable to the City Attorney.
2. Attachments
Item 1N
CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 10, 2022 CONSENT CALENDAR
SUBJECT: APPROVE PURCHASE OF THE POPSICLES ARTWORK BY JOHN CERNY LOCATED AT 605 E. SUNNY DUNES ROAD IN THE AMOUNT
OF $14,000 WITH PUBLIC ARTS FUNDS
FROM: Teresa Gallavan, Interim City Manager
BY: Community & Economic Development Department
SUMMARY:
The Public Arts Commission is requesting approval to purchase the Popsicles artwork (Artwork) by John Cerny (Artist) located at 605 E. Sunny Dunes Road in the amount of $14,000 with Public Arts Funds.
RECOMMENDATION:
1. Approve purchase of the Popsicles Artwork by John Cerny in the amount of $14,000 with Public Arts Funds.
2. Authorize the purchase of the A rtwork subject to review and approval of a purchase and sale agreement in a form acceptable to the City Attorney.
BACKGROUND:
On February 17, 2021, the Public Arts Commission approved a loan of the Artwork for display at 605 E. Sunny Dunes Road as part of the Community Art Responds to Economic Shutdown (CARES) program , and on September 7, 2022, voted to approve recommending the purchase of the Artwork to the City Council in the amount of $14,000.
On September 21, 2022, the Public Arts Commission voted to have the Artwork remain at its current location at 605 E. Sunny Dunes Road until November 2023.
STAFF ANALYSIS:
The Public Arts Commission is requesting approval to purchase the Artwork in the amount of $14,000. As proposed, the sculpture will remain at its current location at 605 Sunny Dunes until November 2023 when it is anticipated the Public Arts Commission will have Item 1N - Page 1
City Council Staff Report
November 10, 2022 – Page 2
Approve Purchase of Popsicles Public Artwork
a new site to recommend to the City Council. The property owner of 605 E. Sunny Dunes has expressed their eagerness to have the Artwork remain on their property.
The purchase price includes:
Artwork $10,000
Relocation 2,000
Permits 2,000
Total $14,000
The Artwork was previously on loan to the City at a cost of $2,500 for the Artist’s fee and $1,000 for materials and installation. An image of the Artwork is shown below:
According to Section 3.37.040 (d) of the Palm Springs Municipal Code, permissible Public Arts Fund expenditures include:
• The cost of artwork and its installation and maintenance • Frames, mats, pedestals, and other objects which are necessary for the proper presentation of the artwork
Item 1N - Page 2
City Council Staff Report
November 10, 2022 – Page 3
Approve Purchase of Popsicles Public Artwork
The proposed site meets the criteria under Section 3.37.080 (b) Art S ite 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.”
The property owner has provided their consent to having the Artwork remain on the property until November 2023.
ENVIRONMENTAL ASSESSMENT
:
Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Env ironmental 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 Sect ion 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 an expenditure of $14,000 of Public Arts Funds. There are sufficient resources in the Public Arts Contractual Services account to cover the proposed expenditure.
REVIEWED BY:
Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan
Item 1N - Page 3
CITY COUNCIL STAFF REPORT
11/10/2022
SUBJECT:
APPROVE PURCHASE, REPAIR, RELOCATION, AND INSTALLATION COSTS IN THE AMOUNT OF $6,550 FOR THE “WOW” SCULPTURE BY ARTIST MICHAEL
BIRNBERG (AKA MIDABI) FOR PLACEMENT AT THE NORTHWEST CORNER OF
NORTH PALM CANYON DRIVE AND VIA LOLA
RECOMMENDATION:
Approve funding in the amount of $6,550 of Public Art Funds for purchase, repair, and relocation costs of the “WOW” sculpture.
1. Approve placement of the “WOW” sculpture at the northwest corner of Palm Canyon Drive and Via Lola.
2. Authorize the purchase of the Artwork, subject to review and approval of a purchase and sale agreement in a form acceptable to the City Attorney.
3. Attachments
Item 1O
CITY COUNCIL STAFF REPORT
DATE: N OVEMBER 10, 2022 CONSENT CALENDAR
SUBJECT: APPROVE PURCHASE, REPAIR, RELOCATION, AND INSTALLATION COSTS IN THE AMOUNT OF $6,550 FOR THE “WOW” SCULPTURE BY
ARTIST MICHAEL BIRNBERG (AKA MIDABI) FOR PLACEMENT AT THE
NORTHWEST CORNER OF NORTH PALM CANYON DRIVE AND VIA
LOLA
FROM: Teresa Gallavan, Interim City Manager
BY: Community & Economic Development Department
SUMMARY:
The Public Arts Commission is requesting approval to purchase, relocate, and repair the “WOW” sculpture (Artwork) by artist Michael Birnberg, AKA Midabi, (Artist) in the amount of $6,550 with Public Art Funds. As proposed, the sculpture will be placed by the northwest corner of Palm Canyon Drive and Via Lola where the John Clement sculpture (Butch) is currently located.
RECOMMENDATION:
1. Approve funding in the amount of $6,550 of Public Art Funds for purchase, repair, and relocation costs of the “WOW” sculpture.
2. Approve placement of the “ WOW” sculpture at the northwest corner of Palm Canyon Drive and Via Lola.
3. Authorize the purchase of the A rtwork, subject to review and approval of a purchase and sale agreement in a form acceptable to the City Attorney.
BACKGROUND:
The Artwork was part of the City’s temporary art program and was on loan to the City for six months from May 2021 to November 2021. Despite the loan period having expired, the Artist and property owner have agreed to have the artwork remain at its current location at the southeast corner of Indian Canyon Drive and Arenas Road.
Item 1O - Page 1
City Council Staff Report
November 10, 2022 -- Page 2
Approve Purchase and Relocation of WOW Sculpture
On September 7, 2022, the Public Arts Commission voted to recommend approval of the purchase, repair, and relocation of the Artwork to the City Council using $6,550 of Public Art Funds.
On October 19, 2022, the Public Arts Commission voted to locate the Artwork at the northwest corner of North Palm Canyon Drive and Via Lola on the concrete art pad in front of 1101 North Indian Canyon Drive, where the John Clement sculpture (Butch) is currently located. The John Clement sculpture has been approved for relocation by the City Council.
STAFF ANALYSIS:
WOW is a laser cut, ombre painted steel art piece by the Artist and is currently installed on private property at the corner of Indian Canyon Drive and Arenas Road. The Public Arts Commission voted to recommend to the City Council that the City purchase, repair, and relocate the Artwork using $6,550 of Public Art Funds.
An image of the Artwork in its current location is provided below:
Item 1O - Page 2
City Council Staff Report
November 10, 2022 -- Page 3
Approve Purchase and Relocation of WOW Sculpture
The Public Arts Commission is proposing to install the Artwork on City property on the concrete platform at the corner of North Palm Canyon and Via Lola. This platform currently supports one of the John Clement sculptures entitled “Butch.” On October 17, 2022, the City Council approved relocating all the Clement sculptures (Butch, Ithiel, and Squeeze) to Demuth Park.
The Artwork is 60” x 60” (5’x5’). The platform at North Palm Canyon and Via Lola is 84” (7’) Deep x 114” (9’ 6”) Wide and is 20” High. The piece will be centered parallel to the street, which will give clearance of 27” on either side, and a full clearance on the sidewalk side.
Images of the existing John Clement sculpture on the platform are shown below:
No new art is planned for the location where WOW is currently located . Any new proposals for this location will be brought before City Council for approval. Once the Artwork is moved, the platform will need to be skim coated and painted to match the existing, surrounding planters.
The Artwork has endured minor scratches and dents and the paint has slightly faded.
According to Section 3.37.040 (d) of the Palm Springs Municipal Code, permissible expenditures include:
• The cost of artwork and its installation and maintenance • Frames, mats, pedestals, and other objects which are necessary for the proper presentation of the artwork
Item 1O - Page 3
City Council Staff Report
November 10, 2022 -- Page 4
Approve Purchase and Relocation of WOW Sculpture
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.”
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 env ironment 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 $6,550 of Public Arts Funds.
The fee includes:
Purchase $ 5,000
Repair 900
Relocation 500
Patch current location 150
Total $ 6,550
There are sufficient resources in the Public Arts Contractual Services line to cover the proposed expenditure.
Item 1O - Page 4
City Council Staff Report
November 10, 2022 -- Page 5
Approve Purchase and Relocation of WOW Sculpture
REVIEWED BY:
Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan
Item 1O - Page 5
CITY COUNCIL STAFF REPORT
11/10/2022
SUBJECT:
A REQUEST BY THE CITY OF PALM SPRINGS FOR A GENERAL PLAN
AMENDMENT AND A ZONING TEXT AMENDMENT TO MODIFY RESIDENTIAL
DENSITY STANDARDS FOR THE CBD LAND USE DESIGNATION AND TO REVISE
LEGAL NON-CONFORMING CRITERIA TO ALLOW CONVERSION OF CERTAIN HOTEL USES TO MULTIFAMILY RESIDENTIAL APARTMENT USES (CASE NO.
5.1549 GPA & 5.1539 ZTA)
RECOMMENDATION:
Open the Public Hearing and receive public testimony.1.
Close the public hearing, introduce by title only and waive further reading of an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1539 ZTA, ZONE
TEXT AMENDMENT, TO AMEND THE PALM SPRINGS ZONING CODE BY ADDING SECTION 94.05.085 TO REVISE LEGAL NON-CONFORMING
CRITERIA TO ALLOW FOR CERTAIN HOTEL TO APARTMENT
CONVERSIONS WITH A CONDITIONAL USE PERMIT.”
2. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1549 GPA, GENERAL PLAN AMENDMENT, TO AMEND THE PALM SPRINGS 2007
GENERAL PLAN LAND USE ELEMENT TO MODIFY THE CENTRAL
BUSINESS DISTRICT (CBD) LAND USE DESIGNATION MINIMUM
RESIDENTIAL DENSITY STANDARDS AND LEGAL NON-CONFORMING
CRITERIA TO ALLOW FOR CONVERSIONS OF CERTAIN HOTEL USES TO MULTI-FAMILY RESIDENTIAL USES.”
3. Attachments
Item 2A
CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 10, 2022 PUBLIC HEARING
SUBJECT: A REQUEST BY THE CITY OF PALM SPRINGS FOR A GENERAL PLAN
AMENDMENT AND A ZONING TEXT AMENDMENT TO MODIFY
RESIDENTIAL DENSITY STANDARDS FOR THE CBD LAND USE
DESIGNATION AND TO REVISE LEGAL NON-CONFORMING CRITERIA
TO ALLOW CONVERSION OF CERTAIN HOTEL USES TO
MULTIFAMILY RESIDENTIAL APARTMENT USES (CASE NO. 5.1549 GPA & 5.1539 ZTA)
FROM: Teresa Gallavan, Interim City Manager
BY: Department of Planning Services
SUMMARY:
This is a request for amendments to Land Use Element density standards of the Palm Springs 2007 General Plan and to add language to the n on-conformity rules ( adding Section 94.05.085) of the Palm Springs Zoning Code. The proposed amendments will allow certain hotel to apartment conversions to occur in building s that w ere originally constructed as apartments, at the residential density that was permitted when the building was originall y constructed . Additionally, they will allow lower minimum residential densities for certain mixed-use developments in the Central Business District (CBD) General Plan land use designation area. These amendments were initiated by the Planning Director on October 27, 2021. At its meeting on October 12, 2022, the Planning Commission recommended approval of the General Plan Amendment (GPA) and Zone Text Amendment (ZTA) to the City Council.
RECOMMENDATION:
1. Open the public hearing and receive public testimony.
2. Close the public hearing, intro duce by title only and waive further reading of Ordinance No._____, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1539 ZTA, ZONE
TEXT AMENDMENT, TO AMEND THE PALM SPRINGS ZONING CODE BY ADDING SECTION 94.05.085 TO REVISE LEGAL NON -CONFORMING
CRITERIA TO ALLOW FOR CERTAIN HOTEL TO APARTMENT
CONVERSIONS WITH A CONDITIONAL USE PERMIT.”
Item 2A - Page 1
City Council Staff Report
November 10, 2022 -- Page 2
Case 5.1549 GPA & Case 5.1539 ZTA
3. Adopt Resolution No._____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1 549 GPA, GENERAL PLAN AMENDMENT, TO AMEND THE PALM SPRINGS 2007
GENERAL PLAN LAND USE ELEMENT TO MODIFY THE CENTRAL BUSINESS
DISTRICT (CBD) LAND USE DESIGNATION MINIMUM RESIDENTIAL DENSITY
STANDARDS AND LEGAL NON- CONFORMING CRITERIA TO ALLOW FOR
CONVERSIONS OF CERTAIN HOTEL USES TO MULTI-FAMILY RESIDENTIAL USES.”
BACKGROUND:
The Department of Planning Services is proposing amendments to the Land Use Element of the General Plan and to the Zoning Code in response to requests for new mixed-use housing projects in the CBD designation area which do not meet the minimum residential density thresholds for that designation under the General Plan and for the conversion of certain structures originally built as multi -family residential from their current hotel use back to multi-family residential/apartment use. The proposed amendments would remove barriers to establishing viable housing projects. Further background is described in the staff reports attached to this report.
STAFF ANALYSIS:
On October 27, 2021, the Planning Director initiated a General Plan Amendment and a Zone Text Amendment in accordance with the procedures in Palm Springs Zoning Code (PSZC) Section 94.07.01. The proposed General Plan Amendment involves changes to the text of the Land Use Element to allow for: 1) older buildings with existing hotels/timeshares that were originally built as apartments to be converted back to apartments at the residential density which was allowed when originally constructed as apartments, rather than applying the current apartment residential density requirements; and 2) a lower minimum residential density for certain mixed-use developments in the General Plan CBD land use designation area. The proposed Zone T ext Amendment accompanies the General Plan Amendment related to certain hotel to apartment conversions at the original apartment density and provides that such conversions would require a Conditional Use Permit under a new section (94.05.085) to be added to the City’s legal Non-conformity Ordinance (PSZC Section 94.05). These are discussed in further detail below.
Hotel to Apartment Conversions:
As presented at the Planning Commission meeting of October 27, 2021 (Attachment F), the City has received inquiries and applications to allow properties which were originally established as apartments but are currently being used as hotels or timeshares to revert back to apartment units. Under prior standards, these uses could have reverted to apartments at the same residential density (same unit count). However, the City’s Codes have changed, and the General Plan has been updated multiple times since many of these structures were built, which has resulted in stricter density limits for residential Item 2A - Page 2
City Council Staff Report
November 10, 2022 -- Page 3
Case 5.1549 GPA & Case 5.1539 ZTA
apartments in contrast to hotel units. This is demonstrated most recently by the introduction of the Small Hotel Resort Commercial designation which reduced permissible densities for established neighborhoods in the 2007 General Plan. To address this issue, Staff recommends the following text be added to the 2007 General Plan Land Use Element:
Notwithstanding any other density limit to the contrary, any structure which is lawfully being used as a hotel, motel or other form of transient lodging, but which was originally constructed as and used as an apartment, apartment hotel, or similar use may, by obtaining a conditional use permit as further provided by the Palm Springs Zoning Code, revert the current hotel, motel or transient lodging use back to an apartment use, and may operate the same number of
apartment units on the site as the number of apartment units originally approved for development on the site.
If approved, the above text would be added to the introduction section titled, General Plan Land Use Designations, on pages 2-3 and 2-4 of the Land Use Element.
To ensure that this General Plan Amendment is appropriately implemented in the Zoning Code, an accompanying Zon e Text Amendment would add Section 94.05.085 to the Zoning Code and require that the conversion be processed and approved under a Conditional Use Permit. The proposed ordinance requires that, in addition to the standard findings required to approve a Conditional Use P ermit by PSZC Section 94.02.00, the Planning Commission must also make the following findings:
1. The resulting apartment use will assist the preservation of decent and habitable permanent rental stock.
2. The resulting apartment use will not adversely affect current and future city services.
3. The resulting apartment use, as conditioned, ensures that life safety measures and emergency services are adequately addressed and provided ( i.e., evacuation protocol, fire safety).
4. The resulting apartment use is developed, landsc aped, and maintained in a manner to be harmonious with surrounding property and conforms to the Property Maintenance Standards of PSZC Section 93.19.00.
5. The resulting apartment use, as conditioned and pursuant to other required approvals, does not create adverse impacts on traffic or circulation.
6. The applicant has implemented adequate methods to assure the continuity of management and property maintenance of the resulting apartment use.
7. The applicant has implemented satisfactory measures to provide propert y security to minimize criminal activity as demonstrated by police activity reports.
This ordinance will allow smaller apartment units, such as studios and 1- bedroom apartments that were historically developed in Palm Springs, while assisting the City in Item 2A - Page 3
City Council Staff Report
November 10, 2022 -- Page 4
Case 5.1549 GPA & Case 5.1539 ZTA
achieving another variety of housing option for lower - and moderate-income residents.
This is consistent with General Plan Land Use Goal, LU6, which states “ ensure that housing needs of people with varying incomes, household sizes, and lifestyles can be met within the City .” The ordinance is also able to address deficiencies in certain development standards for older projects, such as off-street parking.
CBD Density:
The Central Business District (CBD) designation is the primary land use designation in the City’s downtown core and permits a higher concentration of uses, including a residential density of 21–30 dwelling units per acre (or up to 70 dwelling units per acre by Planned Development or Specific Plan), according to the 2007 General Plan. Like many General Plan land use classifications ( Attachment E), the CBD designation includes a minimum threshold of residential density – in this case, 21 units per acre. However, this becomes problematic for some mixed-use development, as some projects cannot support mixed use with both commercial and residential w ithout offering residential density that would be less dense than the minimum 21 units per acre.
A recent example is the mixed- use project by RIOS located at the northwest corner of North Palm Canyon Drive and West Chino Drive, which was reviewed by the Planning Commission at a study session on January 13, 2021. This project proposed 25 multi- family units and two commercial spaces on a 2.4- acre property, which equates to 10- dwelling units per acre. While this project has generally been viewed favorably, it is unable to comply with the minimum density threshold of the CBD because of the floor area being used for commercial use. Additionally, older building stock could accommodate a limited number of additional residential units but due to their small size may be unable to meet current density requirements. Because of this, the minimum threshold of 21 residential units per acre can be an obstacle for facilitating new housing downtown.
When discussing the CBD density issues at its meeting of December 15, 202 1 (Attachment G ), the Planning Commission agreed that there is a desire to include housing, especially on the second floor (and higher) in mixed use projects. Ultimately, to accommodate this, the Planning Commission gave direction that “stacked” mixed-use in existing buildings should have no minimum residential density threshold and a 10- dwelling unit per acre minimum residential density threshold should be required for mixed- use projects if a certain percentage (75% or more) of the frontage along the main thoroughfare contains commercial use. On October 12, 2022, the Planning Commission recommended the approval of the addition of the following underlined text to the Central Business District land use description on page 2-7 of the Land Use Element:
Central Business District (1.0 FAR; 21– 30 dwelling units per acre
; except, there shall be no minimum density threshold
required for existing buildings that propose upper -floor residential use; and further, the minimum density threshold may be lowered from 21 to 10 dwelling units per acre for new Item 2A - Page 4
City Council Staff Report
November 10, 2022 -- Page 5
Case 5.1549 GPA & Case 5.1539 ZTA
mixed-use projects provided that at least 75% of the frontage on the major throughfares is public serving commercial use)…
The proposed text would express the City’s preference to maintain commercial along the City’s main throughfares downtown – Palm Canyon Drive and Indian Canyon Drive – where most appropriate, while also allowing flexibility for complementary residential development.
FINDINGS – ZONE TEXT AMENDMENT:
Pursuant to Palm Springs Zoning Code (PSZC) Section 94.07.01(A)(2), the Planning Department is required to study the proposed amendment and provide information necessary to assure it is consistent with the intent of the Zoning Code and the General Plan and report the findings to the Planning Commission. At its meeting on October 12, 2022, the Planning Commission evaluated this information.
The accompanying Z one Text A mendment will be necessary to allow certain hotel to apartment conversations at historic density that may be inconsistent with current density standards. As a part of the General Plan Amendment, Staff would also recommend the City Council also modify General Plan Land Use Policy 7.9 and delete Land Use Action
7.5 to encourage (rather than discourage as currently stated) hotel to apartment conversions as outlined in the ordinance.
Land Use
Element
Existing Proposed
Goal LU 7 Maintain and enhance the City’s status
and image as a premier resort
destination and cultural center in the
Coachella Valley
(No change)
Policy LU
7.9 Strongly discourage the conversion of
small hotels to permanent housing
units. Require that any proposed
conversion of hotels to for-sale
residential units analyze the fiscal
impact of the conversion and loss of
transient occupancy tax (TOT)
compared to potential property tax
revenue of the conversion.
Evaluate and encourage, as
appropriate, the conversion of small
hotels to housing units.
Action LU
7.5 Amend the Zoning Code to include
provisions that regulate the conversion
of small hotels to residential uses.
Code requirements may include
minimum unit sizes or other provisions
to ensure the preservation of the
character of the surrounding
residential areas.
(Delete)
Item 2A - Page 5
City Council Staff Report
November 10, 2022 -- Page 6
Case 5.1549 GPA & Case 5.1539 ZTA
The above changes would ensure the General Plan Land Use Element and the Zoning Text Amendment remain consistent with each other and not include conflicting statements, policies, and actions. The proposed changes above were recommended for approval by the Planning Commission to City Council on October 12, 2022.
ENVIRONMENTAL ASSESSMENT
:
The proposed General Plan Amendment and Zone Text Amendment are not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (that CEQA applies only to projects which have the potential for causing a significant effect on the environment.) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly. The Amendments will result in policy and code changes that allow existing development to remain or convert to a use historically permitted on a property and at a lower density downtown than previously permitted by the General Plan. Future appl ications exercising the right to develop or convert to another land use will go through required environmental review under CEQA at such time the application is submitted and processed.
FISCAL IMPACT
:
None.
REVIEWED BY:
Department Director: Christopher Hadwin
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. Draft Resolution
B. Draft Ordinance
C. Excerpt from October 12, 2022 Planning Commission Meeting D. Resolution No. 6930
E. 2007 General Plan Land Use Descriptions
F. Staff Report dated 10/27/21
G. Staff Report dated 12/15/21
Item 2A - Page 6
ATTACHMENT A
Item 2A - Page 7
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1549
GPA, GENERAL PLAN AMENDMENT, TO AMEND THE
PALM SPRINGS 2007 GENERAL PLAN LAND USE
ELEMENT TO MODIFY THE CENTRAL BUSINESS
DISTRICT (CBD) LAND USE DESIGNATION MINIMUM
RESIDENTIAL DENSITY STANDARDS AND LEGAL NON-
CONFORMING CRITERIA TO ALLOW FOR
CONVERSIONS OF CERTAIN HOTEL USES TO MULTI-
FAMILY RESIDENTIAL USES.
WHEREAS, The City of Palm Springs (“The Applicant”) has initiated a General Plan Amendment (GPA) to the Land Use Element of the Palm Springs 2007 General Plan; and
WHEREAS, The General Plan Amendment would allow: 1) lower densities for certain mixed-use developments located in the Central Business District (CBD) General Plan land use designation area; and 2) existing hotels and similar transient occupancy uses, which were previously constructed and operated as apartments, to revert back to the apartment use at the residential density allowed when originally constructed subject to a Conditional Use Permit (CUP), in order to expand housing options in the City; and
WHEREAS, A notice of the public hearing of the Planning Commission of the City of Palm Springs to consider Case 5.1549 GPA on October 12, 2022 was given in accordance with applicable law; and
WHEREAS, On October 12, 2022, a public hearing on the application was held by the Planning Commission to review the proposed General Plan Amendment, and at said hearing the Planning Commission 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. Subsequently, the Planning Commission voted unanimously to recommend approval of the application, Case 5.1549 GPA, to the City Council; and
WHEREAS, A notice of the public hearing of the City Council of the City of Palm Springs to consider Case 5.1549 GPA on November 10, 2022 was given in accordance with applicable law; and
WHEREAS, On November 10, 2022, a public hearing on the application was held by the City Council to consider the proposed General Plan Amendment, and at said hearing the City Council reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but is not limited to, the staff report, and all written and oral testimony presented.
Item 2A - Page 8
Resolution No. _____
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference.
SECTION 2 . The General Plan Amendment is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et. seq.) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as that term is defined in Section 15378 of the State Guidelines.
SECTION 3
. For the reasons more specifically set forth in the City staff reports and the public record, the General Plan Amendment is consistent with the remaining elements, policies, goals and objectives of the General Plan.
SECTION 4
. That the City Council hereby approves Case 5.1549 GPA, General Plan Amendment, to amend the Palm Springs 2007 General Plan Land Use Element as follows:
A. After the fifth paragraph,
add the following paragraph to page 2-3:
“Notwithstanding any other density limit to the contrary, any structure which is lawfully being used as a hotel, motel or other form of transient lodging, but which was originally constructed as and used as an apartment, apartment hotel, or similar use may, by obtaining a conditional use permit as further provided by the Palm Springs Zoning Code, revert the current hotel, motel or transient lodging use back to an apartment use, and may operate the same number of apartment units on the site as the number of apartment units originally approved for development on the site.”
B. Add the following underlined text to the first sentence of the Central Business District description on page 2-7:
“Central Business District (1.0 FAR; 21– 30 dwelling units per acre
; except, there shall be no minimum density threshold required for existing buildings that propose upper-floor residential use; and further, the minimum density threshold may be lowered from 21 to 10 dwelling units per acre for new mixed- use projects provided that at least 75% of the frontage on the major thoroughfares is public serving commercial use).”
C. Rescind and replace Land Use Policy 7.9 on page 2-29 as follows:
“Policy LU7.9 Evaluate and encourage, as appropriate, the conversion of small hotels to housing units.”
D. Delete Land Use Action 7.5 on page 2-30.
Item 2A - Page 9
Resolution No. _____
SECTION 5. If any section or provision of this Resolution 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 Resolution shall remain valid. The City Council hereby declares that it would have adopted this Resolution, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.
SECTION 6
. The City Clerk shall certify to the passage and adoption of this Resolution and, as a General Plan Amendment, this Resolution shall take effect thirty (30) days after passage.
ADOPTED THIS 10TH DAY OF NOVEMBER, 2022
.
TERESA GALLAVAN
INTERIM CITY MANAGER
ATTEST:
BRENDA PREE, MMC
CITY CLERK
Item 2A - Page 10
Resolution No. _____
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE , City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _____________________ __, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE, MMC
CITY CLERK
Item 2A - Page 11
ATTACHMENT B
Item 2A - Page 12
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1539
ZTA, ZONE TEXT AMENDMENT , TO AMEND THE PALM
SPRINGS ZONING CODE BY ADDING SECTION 94.05.085
TO REVISE LEGAL ON -CONFORMING CRITERIA TO
ALLOW FOR CERTAIN HOTEL TO APARTMENT
CONVERSIONS WITH A CONDITIONAL USE PERMIT
(CASE 5.1539 ZTA).
City Attorney’s Summary
This ordinance will amend the Palm Springs Zoning Code’s legal non-conformity provisions to allow certain buildings originally built as apartments and which currently exist as hotels/transient occupancy uses to convert back to a
residential apartment use, and to develop those apartments at the same residential density that was allowed when the building was originally built, provided a Conditional Use Permit is issued and certain findings are made as provided further in this ordinance.
WHEREAS, 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
WHEREAS, Pursuant to Article XI, Section 7 of the California Constitution, the City of Palm Springs may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare of its citizens; and
WHEREAS, Pursuant to Section 94.07.01 of the Palm Springs Zoning Code (PSZC), the Planning Director is authorized to initiate proceedings and recommend amendments to the Zoning Code; and
WHEREAS, Due notice of a public hearing of the Planning Commission of the City of Palm Springs was given in accordance with applicable law to consider Case No. 5.1539 ZTA, Zone Text Amendment; and
WHEREAS, On October 12, 2022, the Planning Commission conducted a duly noticed public hearing to consider Case No. 5.1539 ZTA, and at said hearing the Planning Item 2A - Page 13
Ordinance No. _____
Commission 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. Subsequently, the Planning Commission voted unanimously to recommend approval of the application, Case 5.1539 ZTA to the City Council; and
WHEREAS, A notice of the public hearing of the City Council of the City of Palm Springs to consider Case 5.1539 ZTA on November 10, 2022 was given in accordance with applicable law; and
WHEREAS, On November 10, 2022, a public hearing on the application was held by the City Council to consider the proposed Zone Text Amendment, and at said hearing the City Council reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but is not limited to, the staff report, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1
. That the findings and determinations reflected above ar e 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. For the reasons more specifically set forth in the City staff reports and the public record, the Zone Text Amendment is consistent with the intent of the Zoning Code and the elements, policies, goals and objectives of the General Plan.
SECTION 3
. The City Council hereby approves Case 5.1539 ZTA, Zone Text Amendment, which adds Section 94.05.085 to the Palm Springs Zoning Code to read as follows:
“94.05.085 Special rule – Reversion of current hotel/motel use back to apartment use if building was originally constructed and used as an apartment, subject to special density limits, by conditional use permit.
A. Any structure which is lawfully being used as a hotel, motel or other form of transient lodging, but which was originally constructed as and used as an apartment, apartment hotel, or similar use, as determined by City building permits and other public records, may revert the current hotel, motel or transient lodging use back to an apartment use, provided a conditional use permit is obtained.
B. Notwithstanding any other provision of this Code imposing a lower residential density limit, if a conditional use permit is obtained, the multi - family structure may operate the same number of apartment units as the Item 2A - Page 14
Ordinance No. _____
number of apartment units originally approved for development on the site, subject to the findings and conditions set forth herein. Should the apartment use result in a deficiency of off -street parking spaces, relief from the minimum off-street parking requirement per PSZC Section 93.06.00 may be approved via a Specific Parking Plan as prescribed in PSZC Section
94.02.01(C)(2)(d). Additionally, Class 1 and Class 2 historic properties shall be exempt from the off-street parking requirement in accordance with PSZC Section 93.06.00(B)(3)(e).
C. In addition to those findings required by Section 94.02.00, the conditional use permit may be approved if the following findings are met:
1. The resulting apartment use will assist the preservation of decent and habitable permanent rental stock;
2. The resulting apartment use will not adversely affect current and future city services;
3. The resulting apartment use, as conditioned, ensures that life safety measures and emergency services are adequately addressed and provided (i.e. evacuation protocol, fire safety);
4. The resulting apartment use is developed, landscaped, and maintained in a manner to be harmonious with surrounding property and conforms to the Property Maintenance Standards of PSZC Section 93.19.00.
5. The resulting apartment use, as conditioned and pursuant to other required approvals, does not create adverse impacts on traffic or circulation.
6. The applicant has implemented adequate methods to assure the continuity of management and property maintenance of the resulting apartment use; and
7. The applicant has implemented satisfactory measures to provide property security to minimize criminal activity as demonstrated by police activity reports.
D. The conditional use permit shall provide appropriate provisions for periodic review, or review by complaint, and can be revoked for failure to continuously meet the conditions of approval.
E. The planning commission after holding a public hearing pursuant to Section 94.09.00
and based upon a review of the entire recor d, may
approve a conditional use permit which imposes conditions pursuant to Section
94.02.00. The decision of the planning commission is final unless appealed to the city council in a manner provided by Chapter 2.05 of the Palm Springs Municipal Code.”
SECTION 4. The Zone Text Amendment is not subject to the California Item 2A - Page 15
Ordinance No. _____
Environmental Quality Act (Public Resources Code Section 21000 et. seq.) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the Zone Text Amendment and adoption of the ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as that term is defined in Section 15378 of the State Guidelines.
SECTION 5. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.
SECTION 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 10TH DAY OF NOVEMBER, 2022.
LISA MIDDLETON
MAYOR
ATTEST:
BRENDA PREE, MMC
CITY CLERK
Item 2A - Page 16
Ordinance No. _____
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 November 10, 2022 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 17
ATTACHMENT C
Item 2A - Page 18
1 EXCERPTS OF MINUTES
At the Planning Commission meeting of the City of Palm Springs , held on October 12, 2022, the Planning Commission took the following action:
2C. CITY OF PALM SPRINGS FOR A GENERAL PLAN AMENDMENT AND
ZONE TEXT AMENDMEN T TO MODIFY DEN SITY STANDARDS AND
REVISE LEGAL NON -CONFORMING CRITERIA FOR EXISTIN G
HOTEL AND MULTI-FAMILY RESIDENTIAL STRUCTURES (CASE NO.
5.1549 GPA & 5.1539 ZTA). (CH/DN)
Planning Director Hadwin provided background information and an overview on the proposed minor revisions to the General Plan and Zo ning Code aimed at eliminating potential barriers to housing production and facilitate the creation of more affordable housing typologies.
Commissioner Miller questioned if staff considered putting in a minimum amount o f commercial at the ground floor to take advantage of the lower density . He explained that he’s concerned that if a developer tries to put in 1,000 sq. ft. of commercial on the ground floor when they could fit 20,000 sq. ft. and tr ies to get by with the m inimal amount of commercial and still take advantage of the lower density.
Planning Director Hadwin explained they did not consider a minimum because it ’s difficult to account for every situation i.e., CBD, lot sizes and configuration are quite different and zoning s tandards can be quite different. Director Had win explained the Commission may consider revising the language to make it clear that commercial needs to be provided along the entire major thoroughfare’s frontage in order to take advantage of that reduction.
Commissioner Miller suggested one way of addressing it is to add a percentage of the frontage along the major th oroughfare MUST be commercial space and is changeable depending on the size of the lot. Director Hadwin responded they would be open to that amendment.
Commissioner Hirschbein verified if commer cial means that it necessitates being publicly accessed services because they had a stretch of this definition when it came to approving a project downtown and was only accessible only to the condominium owners and was deemed publicly acc essible. Director Hadwin responded the intention was not for it to be a gym or kind of amenity space tha t would be non -residential for the benefit of the residents only but that it a retail space , institutional or public services that would be generally acc essible from the street. Mr. Hadwin said staff would be open to clarifying the language.
Chair Weremiuk opened the public hearing and there being no speakers the public hearing was closed.
Item 2A - Page 19
Planning Commission Minute Excerpts
Case Nos. 5.1549 GPA & 5.1539 ZTA
October 12, 2022
Commissioner Miller suggested lan guage pertain ing to the percentage of commercial space on page 5 where current lan guage says, “would be re duced from 21 to 10 units per acre for new mixed -use projects that provide ground for commercial use along the primary fro ntage” he recommends the language to use says, “for new mixed use projects that provide at leas t 75% of the front age on the major thoroughfare as publicly accessible and public serving ground floor use commercial use along the frontage of the major thoroughfare”.
Planning Director Hadwin suggested “publicly accessible ” not be include d as it could have certain meanings in planning that could insinuate a different meaning.
Chair Weremiuk addressed Vice Chair Roberts during his tenure on the City Council if he has a s ense of what the average size is for small an d large hotel s. Vice Chair Roberts responded that’s it’s all over the m ap- there are a lot of small hotels on Arenas ranging from 10 to 30 rooms and there are so many larger hotels. He prefers to keep the language as open as possible in the way that ’s its writte n because the city has all these tiny hotels becau se and it’s a resort town and left over from another era in which could not be built today.
Planning Director Hadwin clarified the size of the hotel is not inserted into the language of the amendment.
Attorney Priest clarified that he worked with staff in coming up with the l anguage as well as the zoning code amendments that are proposed. He said the idea was that there was not going to be any sort of small size limi t or size limit and recognizing the fact that there may be some large hotels that would fall into this cate gory. Mr. Pr iest verified there are no limits placed on the language.
Chair Weremiuk said she wanted to make sure it was broad enough to c over what they have in town.
Motion: Miller seconded by Roberts and carried 7-0-0 on a roll call vote.
To approve the resolution and recommend a pproval to City Council with a modification as follows:
1. To the General Plan language regarding mixed-use projects in the CBD zone and to include language that says, “that at least 75% of the frontage is on major thoroughfare and is publicly serving commercial use”.
AYES: AYLAIAN, ERVIN, HIRSCHBEIN, MILLER, MORUZZI, ROBERTS,
WEREMIUK
Item 2A - Page 20
Planning Commission Minute Excerpts
Case Nos. 5.1549 GPA & 5.1539 ZTA
October 12, 2022
*Commissioner Aylaian noted they asked for this amendment some time ago. She does not know if it will produce apartments or not but thinks it ’s a great thing for buildings that are having a hard time finding a use it supports.
I, TERRI HINTZ, Administrative Coordinator for the City of Palm Springs, hereby certify that the above action was taken by Planning Commission of the City of Palm Springs on the 12th of October 2022, by the following vote:
AYES: AYLAIAN, ERVIN, HIRSCHBEIN, MILLER, MORUZZI, ROBERTS,
WEREMIUK
_________________________
Terri Hintz
Administrative Coordinator
Item 2A - Page 21
ATTACHMENT D
Item 2A - Page 22
Item 2A - Page 23
,· RESOLUTION NO. 6930
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM SPRINGS, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL (1) APPROVE A GENERAL PLAN AMENDMENT TO MODIFY
MINIMUM RESIDENTIAL DENSITY STANDARDS FOR CERTAIN MIXED
USE PROJECTS WITHIN THE CBD LAND USE DESIGNATION AND
ALLOWING CERTAIN HOTEL TO APARTMENT CONVERSIONS (CASE
5.1549 GPA); AND (2) APPROVE AND ADOPT AN ORDINANCE TO
AMEND CHAPTER 94.05 OF THE PALM SPRINGS ZONING CODE TO
ALLOW CERTAIN HOTEL TO APARTMENT CONVERSIONS WITH A
CONDITIONAL USE PERMIT (CASE 5.1539 ZTA).
THE PLANNING COMMISSION FINDS AND DETERMINES AS FOLLOWS:
A. The City of Palm Springs is a charter city organized pursuant to Article XI of the California Constitution and pursuant to the authority granted the City by Sections 5 and 7 of Article XI, the City has the power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs not in conflict with general laws and its own charter. Such police powers include without limitation the ability to adopt comprehensive zoning regulations and regulations upon the use of land and property within the City; and
B. Pursuant to Article XI, Section 7 of the California Constitution, the City of Palm Springs may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare of its citizens; and
C. Pursuant to Section 94.07.01 of the Palm Springs Zoning Code (PSZC), the Planning Director is authorized to initiate proceedings and recommend amendments to the Zoning Code; and
D. Due notice of a public hearing of the Planning Commission of the City of Palm Springs was given in accordance with applicable law to consider (1) Case No.
5.1549 GPA, a General Plan amendment to allow certain hotel to apartment conversions at residential apartment density that was originally permitted on the site when the building was constructed and to allow mixed use developments in the Central Business District (CBD) land use designation to develop at a lower minimum residential density threshold and (2) Case No. 5.1539 ZTA, an ordinance amending the Zoning Code to allow certain hotel to apartment conversions at a residential apartment density that was originally permitted at the site when the building was constructed , subject to the approval of a Conditional Use Permit; and
E. On October 12, 2022, the Planning Commission conducted a duly noticed public hearing to consider the Case Nos. 5.1549 GPA and 5.1539 ZTA; and F. The Planning Commission has carefully reviewed and considered all of Item 2A - Page 24
Resolution No. 6930
Page2
October 12, 2022
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.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS DOE~ HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the findings and determinations reflected above are true and correct and are incorporated by this reference herein as the cause and foundation for the action taken by the and through this Resolution.
SECTION 2. That based on the entire record before the Planning Commission, and the findings made in the staff report and this Resolution, the Planning Commission of the City of Palm Springs hereby recommends that the City Council approve and adopt the following amendments.
SECTION 3. Amend the 2007 General Plan Land Use Element as follows:
Add the following paragraph to page 2-3:
"Notwithstanding any other density limit to the contrary, any structure which is lawfully being used as a hotel, motel or other form of transient lodging, but which was originally constructed as and used as an apartment, apartment hotel, or similar use may, by obtaining a conditional use permit as further provided by the Palm Springs Zoning Code, revert the current hotel, motel or transient lodging use back to an apartment use, and may operate the same number of apartment units on the site as the number of apartment units originally approved for development on the site."
Add the following underlined text to the Central Business District description on page 2- 7:
"Central Business District (1.0 FAR; 21-30 dwelling units per acre~ except. there shall be no minimum density threshold required for existing buildings that propose upper-floor residential use: and further, the minimum density threshold may be lowered from 21 to 10 dwelling units per acre for new mixed-use projects provided that at least 75% of the frontage on the major throughfares is public serving commercial use) .... " Rescind and replace Land Use Policy 7.9 on page 2-29 as follows:
"Policy LU7.9 Evaluate and encourage, as appropriate, the conversion of small hotels to housing units."
Item 2A - Page 25
Resolution
No.
6930
Page
3 Delete
Land
Use
Action
7.5 on
page
2-30.
October
12,
2022
SECTION
4. Amend
Palm
Springs
Zoning
Code
Chapter
94.05 and
add
Section
94.05.085
as
follows:
"94.05.085
Special
rule
-
Reversion
of
current
hotel/motel
use
back
to
apartment
use
if
building
was
originally
constructed
and
used
as
an
apartment,
subject
to
special
density
limits,
by
conditional
use
permit.
A.
Any
structure
which
is
lawfully
being
used
as
a
hotel,
motel
or
other
form
of
transient
lodging,
but
which
was
originally
constructed
as
and
used
as
an
apartment,
apartment
hotel,
or
similar
use,
as
determined
by
City
building
permits
and
other
public
records,
may
revert
the
current
hotel,
motel
or
transient
lodging
use
back
to
an
apartment
use,
provided
a
conditional
use
permit
is
obtained.
B.
Notwithstanding
any
other
provision
of
this
Code
imposing
a
lower
residential
density
limit,
if
a
conditional
use
permit
is
obtained,
the
multi
family
structure
may
operate
the
same
number
of
apartment
units
as
the
number
of
apartment
units
originally
approved
for
development
on
the
site,
subject
to
the
findings
and
conditions
set
forth
herein.
Should
the
apartment
use
result
in
a
deficiency
of
off-street
parking
spaces,
relief
from
the
minimum
off-street
parking
requirement
per
PSZC
Section
93.06.00 may
be
approved
via
a
Specific
Parking
Plan
as
prescribed
in
PSZC
Section
94.02.01 (C)(2)(d).
Additionally,
Class
1 and
Class
2 historic
properties
shall
be
exempt
from
the
off-street
parking
requirement
in
accordance
with
PSZC
Section
93.06.00(B)(3)(e).
C.
In
addition
to
those
findings
required
by
Section
94.02.00,
the
conditional
use
permit
may
be
approved
if the
following
findings
are
met:
1. The
resulting
apartment
use
will
assist
the
preservation
of
decent
and
habitable
permanent
rental
stock;
2. The
resulting
apartment
use
will
not
adversely
affect
current
and
future
city
services;
3. The
resulting
apartment
use,
as
conditioned,
ensures
that
life
safety
measures
and
emergency
services
are
adequately
addressed
and
provided
(i.e.
evacuation
protocol,
fire
safety);
4. The
resulting
apartment
use
is
developed,
landscaped,
and
maintained
in
a
manner
to
be
harmonious
with
surrounding
property
and
conforms
to
the
Property
Maintenance
Standards
of
PSZC
Section
93.19.00. 5.
The
resulting
apartment
use,
as
conditioned
and
pursuant
to
other
required
approvals,
does
not
create
adverse
impacts
on
traffic
or
Item 2A - Page 26
Resolution No. 6930 October 12, 2022
Page4
circulation.
6. The applicant has implemented adequate methods to assure the continuity of management and property maintenance of the resulting apartment use; and
7. The applicant has implemented satisfactory measures to provide property security to minimize criminal activity as demonstrated by police activity reports.
D. The conditional use permit shall provide appropriate provisions for periodic review, or review by complaint, and can be revoked for failure to continuously meet the conditions of approval.
E. The planning commission after holding a public hearing pursuant to Section 94.09.00 and based upon a review of the entire record, may approve a conditional use permit which imposes conditions pursuant to Section 94.02.00. The decision of the planning commission is final unless appealed to the city council in a manner provided by Chapter 2.05 of the Palm Springs Municipal Code.
SECTION 5. The proposed ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et. seq.) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a "project," as that term is defined in Section 15378 of the State Guidelines.
SECTION 6. The Secretary of the Planning Commission shall certify to the adoption of this resolution and it shall become effective immediately upon adoption.
ADOPTED this 12TH day of OCTOBER, 2022.
AYES: AYI...AIAN, ERVIN, HIRSCHBEIN, MILLER, MORUZZI, ROBERTS,
WEREMIUK
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Christopher Hadwin
Director of Planning Services
ATTACHMENT E
Item 2A - Page 27
LAND USE ELEMENTLAND USE ELEMENTLAND USE ELEMENTLAND USE ELEMENT
Palm Springs 2007 General Plan Page 2-1
2.2. 2.2. LAND USELAND USE LAND USELAND USE ELEMENTELEMENT ELEMENTELEMENT As the backbone of the General Plan, this element sets forth the distribution, location, and intensity of land uses throughout the City . It represents the land use “road map” for Palm Springs—guiding it into the future with goals, policies, and actions.
LAND USE PLANLAND USE PLAN LAND USE PLANLAND USE PLAN
One of the most visible components of the General Plan is the Land Use Plan, which depicts where and how development should occur and provides descriptions of each of the City’s land use designations through text and a land use diagram. State law requires that general plans identify land use designations and the development intensities that are associated with them for the 87,600 acres of land that are located within the City and Sphere of Influence. In addition, state law also requires that the locations and distri- bution of the land uses be identified through text and mapping. The locations of each land use can be found on the Land Use Plan (Figures 2-2 and 2-3).
The text in this element provides the land use goals, policies, and actions that are necessary to achieve the vision.
In general, the majority of the City’s existing land uses were retained in place in the new plan, and focused changes occurred in areas that were either underutilized or areas that required specialized land use guidance or refinement. Focused land use changes also occurred in areas where change is either imminent and needs guidance or where change is desired and needs stimulation and guidance. The revitalization of Downtown and hillsides were also issues of high interest and, as a result, customized policy guidance was developed for these issues.
Item 2A - Page 28
PLANNING FOR THE FUTPLANNING FOR THE FUTPLANNING FOR THE FUTPLANNING FOR THE FUTUREURE UREURE
POPULATION AND EMPLOPOPULATION AND EMPLOPOPULATION AND EMPLOPOPULATION AND EMPLOYMENT GROWTHYMENT GROWTHYMENT GROWTHYMENT GROWTH The permanent population of Palm Springs, according to the 2000 census, was 42,807, a growth of 6.2 percent since 1990. At the height of tourist season, the combined permanent and seasonal population in Palm Springs is estimated to be approximately 74,000. Based upon T able 2-1, Land Use Plan, the City has a potential to generate a maximum of approximately 51,300 dwelling units within the City and Sphere of Influence boundaries. Using an average household size of 2.08 persons for single-family units and a household size of 1.78 for multi-family units, the City’s maximum population could reach approximately 94,950.
At the time of this update, almost 70 percent of available jobs within Palm Springs are categorized within three employment sectors: retail and enter- tainment, health care and other services, and government and local services.
In contrast, manufacturing and transportation represent only 9 percent of jobs within the City. Employment is projected to increase from approximately 32,500 jobs in 2000 to 55,800 jobs by the year 2030. At an average annual rate of 1.8 percent, this is relatively faster than population and household growth. As a result of the faster employment growth, the jobs-housing ratio in the City (the number of jobs per household in the year 2000 was 1.6) is expected to increase to 1.8 in 2030.
1 It is important to note that, since the
City has limited areas for future development, opportunities to address the jobs-housing balance are somewhat limited. Additional strategies that address housing needs and opportunities within Palm Springs can be found in the Housing Element.
1 Projections based upon SCAG Regional Transportation Plan, 2004.
Item 2A - Page 29
LAND USE ELEMENTLAND USE ELEMENTLAND USE ELEMENTLAND USE ELEMENT
Palm Springs 2007 General Plan Page 2-3
GENERAL PLAN LAGENERAL PLAN LAGENERAL PLAN LAGENERAL PLAN LAND USE ND USE ND USE ND USE DESIGNATIONSDESIGNATIONS DESIGNATIONSDESIGNATIONS Land use categories are provided to define the type, density, and intensity of development in any particular area of the City. It is not the intent o f the General Plan that all the developments within the City be uniform in type, for a mixture of dwelling types is not only possible, but desirable. The mixture could include single-family detached units, townhouses, and some higher density units that may be condominiums or apartments. The critical issue related to development is the relationship between the different intensities of residential use and the open spaces and amenities that should be provided near those areas. It is, for example, important that higher density residential be located near parks and convenience shopping areas where the residents can enjoy neighborhood facilities.
The following section describes in further detail each one of the land uses identified on the Land Use Plan (Figures 2-2 and 2-3) and the standards associated with each.
Each of the land use designations is implemented by a correlating set of zoning designations described in the City’s Zoning Ordinance. It should be noted that there need not be an equal number of land use designations and zoning classifications. In many instances, multiple zoning classifications may be consistent with a single General Plan land use designation.
Each of the residential land use designations includes a range of allowable densities. The maximum density signifies the maximum number of dwelling units per gross acre that are allowed in each residential area. For example, the V ery Low Density Residential designation allows a range of 2.1–4.0 dwelling units per gross acre.
The lower threshold figure for each of these categories represents a minimum amount of development anticipated, provided that all other required conditions can be met, and the higher figure represents a potential maximum that could be located in each area if the proposed development demonstrates qualities above the minimum development standards to achieve a higher density . The purpose of this concept is to ensure that the City continues to achieve the high-quality development for which it is known. Criteria used to determine the applicability of the higher densities can be found in the New Housing Opportunities section of this element.
Building intensities for nonresidential uses are measured by floor area ratio (FAR). FAR is the ratio of the total net floor area of a building to the total lot area and describes the intensity of the use on a site. FAR calculations do not Item 2A - Page 30
include areas within parking structures or outdoor open storage areas. Figure 2-1 illustrates the FAR calculation concept.
Actual density (residential uses) and FAR (nonresidential uses) ranges are determined on a parcel-specific basis. Density and FAR are based on adjusted gross acreage, which takes out acres associated with right-of-way.
Site considerations, such as topography or location, and City policies and regulations, such as development standards in the Zoning Code, may place additional requirements on a property that could prevent the site from achieving the maximum density or intensity established within this General Plan.
Figure 2-1 Sample Floor Area Ratio
Building covers 50 percent
(21,780 sq. ft.) of parcel and is
only one story high.
Building covers 25 percent
(10,890 sq. ft.) of parcel, but is
two stories high.
Building covers 16.6 percent
(7,260 sq. ft.) of parcel and is
now three stories high.
Floor Area Ratio Example (FAR = 0.50): On a one-acre parcel (43,560 sq. ft.), a maximum FAR of 0.50 equates to a total building area of 21,780 sq. ft., in either a 1-, 2-, or 3-story configuration (43,560 sq. ft. multiplied by 0.50 equals 21,780 sq. ft.).
Note how coverage (building footprint) varies significantly as the building height changes to yield an identical FAR.
Item 2A - Page 31
~
,.,,,,,,,.."'-!~CITY OF PALM SPRINGS
( GENERAL PLAN
LAND USE ELEMENTLAND USE ELEMENTLAND USE ELEMENTLAND USE ELEMENT
Palm Springs 2007 General Plan Page 2-5
RESIDENTIAL RESIDENTIAL RESIDENTIAL RESIDENTIAL LAND USESLAND USES LAND USESLAND USES Estate Residential (0–2.0 dwelling units per acre). The Estate Residential designation provides for the development of large-lot, single-family residences that are custom in design. This designation is predominantly located in areas adjacent to the City’s hillsides, reflecting the natural and environmental constraints that must be addressed there.
Minimum lot sizes are generally 20,000 square feet in this designation; guest ranches are permitted on parcel areas of five acres, with a minimum lot area of 4,000 square feet per guest ranch unit.
Very Low Density Residential (2.1–4.0 dwelling units per acre).
The V ery Low Density residential is the most prevalent land use designation within the City , representing typical single-family detached residential development. Lot sizes in this land use designation generally range from 16,500 to 8,500 square feet.
Low Density Residential (4.1–6.0 dwelling units per acre). Similar to the V ery Low Density Residential designation, the Low Density Residential designation also represents “typical” single-family detached residential development. This designation accommodates typical lot sizes ranging from 10,000 to 8,000 square feet.
Medium Density Residential (6.1–15.0 dwelling units per acre).
This residential land use category accommodates a range of residential housing types, including single-family attached, single-family detached, patio homes, duplexes, townhomes, multiple-family, and mobilehome projects.
High Density Residential (15.1–30 dwelling units per acre). T ypical development in this category would include duplexes, townhomes, and apartments. Hotels and motels are also permitted up to 43 rooms per net acre (up to 86 rooms per net acre permitted on Indian Land) as long as they are consistent with the design and character of the surrounding neighborhoods and do not create significant design, parking, or traffic impacts to the surrounding residential neighborhood.
Medium Density Residential
Estate Residential
Item 2A - Page 32
COMMERCIALCOMMERCIAL COMMERCIALCOMMERCIAL
T ourist Resort Commercial (0.35 FAR for stand-alone commercial uses; 43 hotel rooms per net acre; 86 rooms per net acre on Indian Land).
This land use designation provides for large-scale resort hotels and timeshares including a broad range of convenience, fitness, spa, retail, and entertainment uses principally serving resort clientele. Commercial recreation and entertainment facilities, such as convention centers, museums, indoor and outdoor theatres, and water parks are included in this designation, but should be designed to be compatible with neighboring development.
T ourist Resort Commercial facilities are most appropriate in the Palm Canyon Drive and T ahquitz Canyon Drive corridors. It is intended that the primary use in any T ourist Resort Commercial area shall be hotel/tourist-related uses; if residential uses are proposed within the T ourist Commercial Designation (timeshares, condominiums, etc.) they shall be a secondary use ancillary to the proposed hotel uses and shall not exceed a maximum of 30 dwelling units per acre. Permanent residential uses and commercial activities are allowed subject to approval of a planned development district.
Small Hotel Resort Commercial (15 hotel rooms per net acre; 10 dwelling units per acre). This designation applies to areas with smaller-scale, boutique type hotels that are typically found in the W arm Sands and T ennis Club neighborhoods. It is intended that the tourist resort character of these neighborhoods be preserved; as a result, new residential uses or conversion of small hotels to residential uses are permitted as long as they comply with the conversion requirements outlined within the City’s Zoning Code. Stand-alone retail and commercial uses are not permitted in this land use designation. Ancillary commercial uses such as a gift shop associated with a small hotel use are allowed.
Neighborhood/Community Commercial (0.35 FAR). Areas designated as Neighborhood/Community Commercial provide an opportunity for convenience commercial uses that serve adjacent residential neighborhoods.
The commercial opportunities created under this designation are intended to be an integrated element of the neighborhood, providing to nearby residents services such as dry cleaners, grocery stores, bakeries, bank and post office branches, bookstores, drugstores, and smaller-scale restaurants. Harmonious relationships between these commercial uses and adjacent residential uses shall be achieved through compatibility of site design, building scale, pathways and circulation design, and architectural treatment of structures.
Regional Commercial (0.50 FAR). Regional Commercial areas are intended to provide for large-scale commercial uses that serve an area larger than the City boundaries. Allowable uses include department stores, theatres, and restaurants. Uses such as automobile dealerships that have a regional draw are T ourist Resort Commercial
Item 2A - Page 33
LAND USE ELEMENTLAND USE ELEMENTLAND USE ELEMENTLAND USE ELEMENT
Palm Springs 2007 General Plan Page 2-7
also included in this land use designation. These uses are generally located in areas that will benefit from a higher level of exposure to residents located outside of the City , such as properties located on Ramon Road adjacent to the City limits and selected properties adjacent to the I-10.
MIXED USEMIXED USE MIXED USEMIXED USE
Central Business District (1.0 FAR; 21–30 dwelling units per acre).
Bounded approximately by Ramon Road, Calle Encilia, Alejo Road and Belardo Road, the Central Business District designation allows for a mix of commercial, residential, and office uses at a higher concentration, density , and intensity than in other areas of the City. The CBD serves as the main activity center and cultural core of the community and, as such, theatres, museums, retail, and other entertainment venues are encouraged here. Uses such as grocery stores, hardware stores, and convenience or pharmacy stores that provide services to the Downtown’s residential population are also encouraged. The Central Business District is subdivided into zones or areas that provide for diversity in development standards and land use intensities. These subareas are defined in Appendix A, Downtown Urban Design Plan. Examples include the gateways into Downtown, Downtown Central Core, and the Downtown Outer Core.
The Downtown Central Core (roughly bounded by Amado Road, T ahquitz Canyon W ay, Museum Drive, and Indian Canyon Drive) and the Gateway areas (at roughly the north and south ends of the CBD) may be developed with a maximum FAR of 3.5. If projects in these areas provide substantial public spaces or plazas, an FAR of up to 4.0 may be developed upon approval of a Planned Development District or Specific Plan. The Downtown Central Core may also accommodate up to 70 dwelling units per acre for residential or hotel uses if a Planned Development District or Specific Plan is prepared and approved.
Mixed-use/Multi-use (Maximum of 15 dwelling units per acre for residential uses and a maximum 0.50 FAR for nonresidential uses).
Specific uses intended in these areas include community-serving retail com- mercial, professional offices, service businesses, restaurants, daycare centers, public and quasi-public uses. Residential development at a maximum density of 15 units per acre is permitted; planned development districts may allow residential densities up to 30 du/acre and also ensure that all proposed uses are properly integrated and allow the implementation of development standards that are customized to each site.
Central Business District
Additional information related to
the location and desired mix of
uses in each mixed-use/multi-use
area can be found on page 2-30 of
this element.
Item 2A - Page 34
SPECIAL POLICY AREASSPECIAL POLICY AREASSPECIAL POLICY AREASSPECIAL POLICY AREAS Special Policy Area designations have been applied in two areas of the City:
the Chino Cone and Palm Hills. Due to the environmental and visual importance of these two areas, projects proposed within either Special Policy Area must be of superior design, demonstrate integration with existing natural features and land forms, be sensitive to biological resources of the site, and create a more desirable living environment than could be achieved through conventional subdivision design and requirements.
Development densities in the Chino Cone are one dwelling unit per forty acres (1 du/40 ac). Development applications in excess of this density may be considered with the submittal of a Specific Plan and its associated environ- mental documentation, which would by action, establish a general plan amendment. In all cases, development within the Chino Cone Special Policy Area must be consistent with the Environmentally Sensitive Development Areas Specific Plan Ordinance (ESA-SP) in the Palm Springs Zoning Code.
The Palm Hills Special Policy Area allows residential and resort development at a maximum of 1 dwelling unit/hotel unit per acre, not to exceed a total of 1,200 units. Any development proposed in the Palm Hills area will require the preparation of a Specific Plan and a related environmental impact report.
EMPLOYMENT CENTERSEMPLOYMENT CENTERSEMPLOYMENT CENTERSEMPLOYMENT CENTERS (( ((OFFICE AND INDUSTRIAOFFICE AND INDUSTRIAOFFICE AND INDUSTRIAOFFICE AND INDUSTRIALL LL)) )) Office (0.35 FAR). This land use designation allows for the development of office uses such as executive, administrative and clerical offices, medical offices, and small office centers. Retail uses in this district should be limited to uses directly related to office operations such as restaurants, office supply stores, and pharmacies associated with a medical building. Hotels may be permitted when appropriately integrated into a business or corporate park.
Industrial (0.50 FAR). Industrial uses typically include research and development parks, light manufacturing, laboratories, and industrial services.
Retail commercial uses and offices shall be allowed as ancillary uses to the industrial use to encourage projects that are self-sustaining. Industrial development is not a primary use within the City, and any industrial use proposed should not detract from the City’s desire to be a premier resort community. Industrial uses adjacent to the airport are also included in this designation, such as, but not limited to: aircraft sales, service, repair and maintenance, washing, painting, storage, tie-down, hangaring, fueling, flight and ground schools, rental and charter flights, car rental facilities and all other uses that are customarily incidental to the operation of an airport and airport-related businesses and activities. New and expanded industrial uses Item 2A - Page 35
LAND USE ELEMENTLAND USE ELEMENTLAND USE ELEMENTLAND USE ELEMENT
Palm Springs 2007 General Plan Page 2-9
within the City will expand the City’s job base and are therefore important to the City’s overall economic vitality and balance of land use.
Airport. Uses that are reasonably necessary for the proper operation of the Palm Springs International Airport. The Palm Springs Airport Master Plan and Riverside County Airport Land Use Compatibility Study shall serve as the primary regulatory documents for airport facilities and related uses.
Regional Business Center (Industrial – 0.50 FAR, Office – 0.35 FAR, Commercial – 0.50 FAR). Generally located at the Indian Canyon Drive and Gene Autry T rail interchanges north of the Southern Pacific Railroad and adjacent to I-10, the Regional Business Center area is intended to accom- modate a wide variety of business activities in a multi-use environment. The RBC will provide job opportunities for the residents of Palm Springs and the whole of the Coachella V alley. Commercial, office, and industrial uses that can be supported by their proximity to the freeway are encouraged in this area.
Uses in this area are intended to provide large-scale development opportunities that serve an area larger than the City proper. Commercial uses can include retail establishments, hotels, automobile dealerships, and other uses that serve a regional population. Business parks and industrial uses are also envisioned under this land use designation. It is envisioned that, over time as market forces demand, additional areas north of the railroad, south of I-10 from Hwy. 111 to Gene Autry T rail may also convert to RBC uses, provided that the appropriate environmental analyses have been conducted and the appropriate infrastructure is provided.
INSTITUTIONALINSTITUTIONAL INSTITUTIONALINSTITUTIONAL (SCHOOLS/PUBLIC (SCHOOLS/PUBLIC (SCHOOLS/PUBLIC (SCHOOLS/PUBLIC USES/UTILITIES) USES/UTILITIES) USES/UTILITIES) USES/UTILITIES) Public/Quasi-public (0.35 FAR). This designation includes government offices and corporation yards, hospitals, City-owned museums, cemeteries, and libraries. The public/quasi-public uses identified on the Land Use Map predominantly reflect existing uses that are located throughout the City to effectively serve the community . Public/quasi-public uses comprise a relatively small component of the City’s total land area.
Public/Utilities. Multiple utilities and service providers operate within the City of Palm Springs. This land use designation applies to facilities such as water storage tanks and electrical substations.
School. The School designation applies to existing public schools and larger private schools at the elementary, junior high, and high school levels.
Facilities that conduct courses at the collegiate level are also included in this designation. The Land Use Plan identifies existing school facilities and areas that provide future higher education land use opportunities.
Item 2A - Page 36
The School land use designation may also include developed open space for playfields, recreational and physical education activities as well as open space that is part of the development of an educational based campus.
OPEN SPACEOPEN SPACE OPEN SPACEOPEN SPACE
Open Space–Conservation (1 dwelling unit per 20 acres). Conservation areas are mainly designated for gently sloping areas of scenic beauty (such as hillsides) and natural landforms (such as alluvial fans) that should be preserved to maintain the City’s unique character. This designation is typically applied in areas that have slope ranges of 10 to 30 percent. Residential uses are permitted as an incidental use in this area, at a maximum density of one unit per 20 acres. The Conservation designation is predominantly applied to the vast, nonmountainous open space areas south of I-10 and north of the Whitewater W ash.
Mountain (1 dwelling unit per 40 acres). Mountain areas are generally defined as the sloping areas located above the toe of the slope. Mountain areas g
enerally consist of steep slopes; any areas in parcels in excess of a 30 percent slope may not be used for development or for purposes of calculating density except for purposes of density transfer where (a) a portion of the subject parcel also lies within an area designated for residential use or is otherwise suitable for residential development, and all the extra units allowed can be appropriately placed in these areas and (b) the area not used for residential development is dedicated for open space purposes to the City of Palm Springs or other appropriate accepting agency approved by the City. Off-site density transfer may also be allowed if it can be demonstrated that the additional density can be absorbed by the host site. Density transfers shall be subject to the approval of a planned development district.
This designation is very similar to the Open Space–Conservation designation with one exception—residential densities within this area will be applied at one dwelling unit per each 40 acres.
Desert (1 dwelling unit per 10 acres). This designation is intended to identify areas to be retained to protect natural, scenic, and wildlife resources unique to Palm Springs and to identify areas where minimal development is desired to protect people and property from environ- mental hazards such as blowsand associated with the undeveloped desert floor areas. Residential development in this area is permitted as long as it does not exceed 1 unit per 10 acres and is incidental to the overall desert use. Cluster development is encouraged to respond to the environmental sensitivity of the area. Other permitted uses in this land use designation include recreational facilities and public facilities that comply with the intent of the goals and policies identified in the General Plan. Where mineral deposits are present or are found within areas designated for Desert land Toe of Slope: The base or bottom
of a slope at the point where the
ground surface abruptly changes to
a significantly flatter grade.
Item 2A - Page 37
LAND USE ELEMENTLAND USE ELEMENTLAND USE ELEMENTLAND USE ELEMENT
Palm Springs 2007 General Plan Page 2-11
use, mineral extraction is permitted, provided that appropriate buffers are established to minimize conflicts between residential and mining uses and the appropriate environmental analysis has been conducted.
Open Space–Parks/Recreation. This designation is used for regional, local, and neighborhood parks, community centers, public and private golf courses, and any recreational facility operated by a public or quasi- public agency. These areas are intended for “active” recreational uses.
Open Space–Water. Areas designated as Open Space–W ater are reserved for flood control or drainage facilities only. Properties under this designation fall within the 100-year flood zone as established by the adoption of Federal Emergency Management Agency (FEMA) flood maps and are subject to sporadic flooding and other hazards in the event of a 100-year flood. No habitable structures are permitted within these areas.
OVERLAY AREASOVERLAY AREASOVERLAY AREASOVERLAY AREAS
Watercourse Zone Overlay. The W atercourse Zone Overlay is intended to reflect land uses located within a watercourse area that have either been developed under the provisions of a hold-harmless agreement with the City , releasing it from any liability for damage incurred in flood waters, or it is a property that is no longer classified as a fringe area of a 100-year flood. The overlay represents the path of the watercourse, but allows for the underlying uses to coexist within the flood designation.
Wind Energy Overlay. Wind Energy Conversion Systems (WECS) are permitted in areas designated with the overlay classification. These areas are predominantly located within areas designated as Desert, Industrial, or Open Space–W ater on the General Plan Land Use map. Industrial and clean energy uses in these areas may occupy up to 15 percent of the total acreage located within the industrial and regional business center land uses. The Wind Energy Overlay can be found on Figure 2-3.
Wind Energy Overlay
Open Space W ater
Item 2A - Page 38
ATTACHMENT F
Item 2A - Page 39
Item 2A - Page 40
PLANNING COMMISSION STAFF REPORT
DATE: October 27, 2021 PUBLIC HEARING
SUBJECT: CITY OF PALM SPRINGS FOR A ZONE TEXT AMENDMENT TO ADD SECTION 94.05.085 TO THE ZONING CODE TO ALLOW CERTAIN
HOTEL TO APARTMENT CONVERSIONS AT RESIDENTIAL DENSITY
THAT WAS ORIGINALLY PERMITTED ON THE SITE WHEN THE
BUILDING WAS CONSTRUCTED (CASE 5.1539 ZTA) (ON)
FROM: Development Services Department
SUMMARY:
This is a request to add Section 94.05.085 to the Palm Springs Zoning Code (PSZC) to allow certain hotel to apartment conversions at residential density that was originally permitted on the site when the building was constructed.
ISSUES:
• The City has received inquiries to allow current hotel/time share uses to revert back to apartment uses for properties that were originally established as apartments several decades ago. The issue is that apartment density requirements have since changed and are more stringent. Therefore, a hotel-to-apartment conversion may not comply with the current residential density requirements unless apartment units are reduced. • An amendment to the General Plan Land Use Element is required to accommodate such conversions.
RECOMMENDATION:
1. Open the hearing and receive testimony;
2. Direct staff to prepare a General Plan Amendment (GPA) to address the proposed zone text amendment in the Land Use Element; and
3. Continue the hearing to a date uncertain until the GPA can be included with the proposed ordinance.
SCOPE OF REVIEW:
1. The Planning Commission shall review a Zone Text Amendment for conformance to the criteria listed in Palm Springs Zoning Code (PSZC) Section 94.07.01.
Item 2A - Page 41
Planning Commission Staff Report
October 27, 2021 - Page 2 of 4
Case #5.1539 ZTA
BACKGROUND INFORMATION:
The Development Services Department has received inquiries from property owners and potential buyers to allow properties which were originally established as apartments but are currently being used as hotels or timeshares to revert back to apartment units. The issue is that, oftentimes, these properties include older buildings that were constructed under prior zoning standards for apartments that do not meet current residential density requirements of the Zoning Code or General Plan. These structures are also typically classified as Class 3 or 4 structures, due to their age of construction, under Chapter 8.05 of the Municipal Code.
A recent example was the proposed conversion of a current hotel property with 45 hotel rooms to 45 residential apartment units on a 1.6-acre site located within the C-1 zone and Mixed/Multi-Use land use designation of the General Plan (permitting a maximum of 15 dwelling units/acre). The building was originally constructed as apartments in the 1950s and the applicant intended to convert all of the existing hotel units to the same number of apartment units; no additional square footage was proposed. If converted, the property would have created a mix of studio, 1-bedroom, and 2-bedroom units. However, under current apartment density standards, the site would be limited to a maximum of 24 units based on its size and the permissible density.
ANALYSIS:
Palm Springs has a long history as a tourist-resort destination with many small-scale motels/hotels and multi-family developments being built during the middle of last century.
At the time, apartment units were typically smaller and built to a higher residential density than current projects. Many of these older developments can be found in the Historic Tennis Club, Movie Colony, Racquet Club, and Warm Sands neighborhoods, among others. Over time, however, some of these properties have been converted to hotels or time shares. Under prior standards, these uses could have reverted back to apartments at the same density. However, the City's Codes have changed resulting in stricter density limits for residential apartments than for hotel units. One example includes the Small Hotel designation that was introduced in the 2007 General Plan that reduced permissible densities in the Tennis Club and Warm Sands neighborhoods, leaving many existing properties non-conforming under current density standards.
To encourage housing while balancing the desire to preserve charm and character of existing communities, staff proposes an ordinance to allow existing properties which were originally established as apartments but are currently being used as hotels or timeshares to revert back to apartment uses at their originally approved residential density, upon the approval of Conditional Use Permit (CUP). The ordinance (Attachment 1) would be added as Section 94.05.085 of the Zoning Code and require the Planning Commission to find seven criteria:
Item 2A - Page 42
Planning Commission Staff Report
October 27, 2021 - Page 3 of 4
Case #5.1539 ZT A
1. The resulting apartment use will assist the preservation of decent and habitable permanent rental stock;
2. The resulting apartment use will not adversely affect current and future city services;
3. The resulting apartment use, as conditioned, otherwise complies with the current Palm Springs Municipal Code and current building, fire and other uniform codes;
4. The resulting apartment use is developed, landscaped, and maintained in a manner to be harmonious with surrounding property and positively contributes to neighborhood values;
5. The resulting apartment use has adequate traffic circulation and parking;
6. The applicant has implemented adequate methods to assure the future and continuity of management and property maintenance of the resulting apartment use;and
7. The applicant has implemented satisfactory measures to provide property security to minimize criminal activity as demonstrated by police activity reports.
The above criteria would be in addition to the five typical findings necessary for approving a CUP, pursuant to Section 94.02.00 of the Zoning Code.
This ordinance will allow smaller apartment units, such as studios and 1-bedroom apartments, that were historically developed in Palm Springs, while assisting the City in achieving another variety of housing option for lower- and moderate-income residents, as well as above moderate-income residents depending on the project. This is consistent with General Plan Land Use Goal, LU6, which states "ensure that housing needs of people with varying incomes, household sizes, and lifestyles can be met within the City." On the other hand, the General Plan also includes policies to discourage the conversion of small hotels to permanent housing units (Land Use Policy 7 .9 and Land Use Action
7.5). That said, during recent discussions on the General Plan Update, the Planning Commission made recommendations to modify similar policies in the proposed Housing Element and to encourage hotel to apartment conversions, so the proposed ordinance is consistent with that direction.
FINDINGS - ZONE TEXT AMENDMENT:
Pursuant to Palm Springs Zoning Code (PSZC) Section 94.07.01 (A)(2), the Planning Division is required to study the proposed amendment and provide information necessary to assure the proposed amendment is consistent with the intent of the Zoning Code and the General Plan and report the findings to the Planning Commission. The Commission is to evaluate this information and provide a recommendation to the City Council.
To proceed with the proposed ordinance, an accompanying amendment to the General Plan will be necessary to account for existing and historic density that may conflict or be inconsistent with current density. Staff suggests the following statement, or similar, be added to the Land Use Element:
Notwithstanding any other density limit to the contrary, any multi-family Item 2A - Page 43
Planning Commission Staff Report
October 27, 2021 - Page 4 of 4
Case #5.1539 ZTA
structure which is lawfully being used as a hotel, motel or other form of transient lodging, but which was originally constructed as and used as an apartment, apartment hotel, or similar structure may, by obtaining a conditional use permit, revert the current hotel, motel or transient lodging use back to an apartment use, and may operate the same number of apartment units on the site as the number of apartment units originally approved for development on the site. For more specific regulations, please see Palm Springs Municipal Code Section 94.05.085 The Commission may also wish to consider any changes to General Plan Land Use Policy
7.9 or Land Use Action 7.5 it thinks consistent with this approach.
If the Planning Commission agrees, staff will commence processing a General Plan amendment and return at a future hearing for Commission consideration and recommendation to City Council.
PREPARED BY: David A Newell, AICP, Assistant Planning Director REVIEWED BY: Flinn Faqq, AICP, Development Services Director ATTACHMENT:
1. Draft Ordinance
ATTACHMENT G
Item 2A - Page 44
CITY OF PALM SPRINGS
DEVELOPMENT SERVICES DEPARTMENT
MEMORANDUM
Date: December 15, 2021
To: Planning Commission
From: David A. Newell, AICP
Assistant Planning Director
Subject: GENERAL PLAN LAND USE DENSITY AND ALLOWING FLEXIBILITIES FOR HOUSING (CASE #5.1549)
The purpose of this memorandum is to provide information on two matters that have demonstrated to be obstacles to the production of housing in the 2007 General Plan and introduce amendments to remove these barriers for potential and future housing projects.
The first matter relates to the Planning Commission ’s hearing on October 27, 2021, regarding the reversion of existing hotel buildings to apartments and non- conforming densities in the current General Plan. The second matter is regarding the lower density threshold for the CBD (Central Business District , min. 21 units/acre ) designation of the 2007 General Plan Land Use Element and challenges meeting this threshold.
Hotel to Apartment Conversions:
As presented at the October 27, 2021 Planning Commission meeting, the Development Services Department has received inquiries and applications to allow properties which were originally established as apartments but are currently being used as hotels or timeshares to revert back to apartment units. Under prior standards, these uses could have reverted back to apartments at the same density . However, the City’s Codes have changed, and the General Plan has been updated multiple times since many of these structures were built, which has resulted in stricter density limits for residential apartments than for hotel units. This is demonstrated most recently by the introduction of the Small Hotel Resort Commercial designation which reduced permissible densities for established neighborhoods in the 2007 General Plan.
In an attempt address this density issue for these existing structures , staff presented a proposed amendment to the Zoning Code at the October 27, 2021 Planning Commission meeting (Attachment 1) and noted a General Plan Amendment would be necessary. The amendment staff has initiated includes the following text to the 2007 General Plan:
Item 2A - Page 45
Planning Commission Staff Memorandum
December 15, 2021 – Page 2 of 3
Case #5.1549
Notwithstanding any other density limit to the c ontrary, any multi-family structure which is lawfully being used as a hotel, motel or other form of transient lodging, but which was originally constructed as and used as an apartment,
apartment hotel, or similar structure may, by obtaining a conditional use permit, revert the current hotel, motel or transient lodging use back to an apartment use, and may operate the same number of apartment units on the site as the number of apartment units originally approved for
development on the site. For more specif ic regulations, please see Palm Springs Municipal Code
This text would be implemented with an accompanying Zone Text Amendment to Section
94.05 of the Zoning Code, as presented to the Commission on October 27, 2021 and continued to January 12, 2022.
CBD Density:
The Central Business District (CBD) designation is the primary land use designation in the City’s downtown core and permits a higher concentration of uses, including a residential density of 21–30 dwelling units per acre (or up to 70 dwelling units per acre by Planned Development or Specific Plan), according to the 2007 General Plan. Like many General Plan land use classifications (Attachment 2), the CBD designation includes a minimum threshold of residential density – in this case, 21 units p er acre. However, this becomes problematic for a classification that permit commercial /retail and mixed -use development, as such uses can offer a limited or lesser amount of residential density that would, in certain cases, be less dense than 21 units per acre.
For some existing downtown buildings, there are opportunities to convert upper floor office or retail spaces to residential units, especially in instances where such spaces can be difficult to lease to tenants that would rather have ground floor and pedestrian exposure. In this case, the upper floor space may only accommodate two or three units for smaller buildings that are on parcels requiring four of five units, depending on their lot sizes (downtown lot sizes range from 0.03 acres to 0.08 acres or more).
For proposed development, the minimum threshold can be problematic for mixed use projects that involve both commercial and residential components. The recent example is the mixed-use project by RIOS located at the northwest corner of North Palm Canyon Drive and West Chino Drive, which was reviewed by the Planning Commission at a study session on January 13, 2021. This project 25 multifamily units and two commercial spaces on a 2.4- acre property, which equates to 10 dwelling units per acre. While this project generally received favorable comments, it doesn’t comply with the minimum density threshold of the CBD.
Item 2A - Page 46
Planning Commission Staff Memorandum
December 15, 2021 – Page 3 of 3
Case #5.1549
Based on the above examples , the minimum threshold of 21 units per acre can b e an obstacle for housing in the downtown and staff would propose lowering the minimum threshold for the CBD designation from 21 to 10 dwelling units per acre for mixed use projects.
To conclude, the purpose of this memorandum is to summarize a couple of challenges staff has experience d in implementing the density requirements of 2007 General Plan Land Use Element and suggestions to modify text within this Element to remove these obstacles to housing. Should the Planning Commission direct staff to move forward with these changes, staff would tentatively schedule the General Plan Amendment for hearing at the next regular meeting of January 12, 2022.
ATTACHMENTS:
1. 10/27/21 Planning Commission Staff Report on Hotel to Apartment Conversions
2. 2007 General Plan Land Use Descriptions
Item 2A - Page 47
CITY COUNCIL STAFF REPORT
11/10/2022
SUBJECT:
DISCUSSION AND INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 REGARDING VACATION RENTALS; AND POTENTIAL ACTION
REGARDING THE EXISTING MORATORIUM ON THE PROCESSING AND
ISSUANCE OF VACATION RENTAL CERTIFICATES
RECOMMENDATION:
Waive the reading of text in its entirety, read by title only, and introduce for first reading an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 REGARDING VACATION RENTALS."
1. Provide direction regarding further Vacation Rental regulations.2.
Attachments
Item 3A
CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 10, 2022 BUSINESS & LEGISLATIVE
SUBJECT: DISCUSSION AND INTRODUCTION OF AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 REGARDING VACATION RENTALS ;
AND POTENTIAL ACTION REGARDING THE EXISTING MORATORIUM
ON THE PROCESSING AND ISSUANCE OF VACATION RENTAL
CERTIFICATES
FROM: Teresa Gallavan, Interim City Manager
BY: Department of Special Program Compliance
SUMMARY:
At the March 29, September 29, and October 1 7, 2022 City Council meetings, the City Council heard information and considered whether additional regulation of vacation rental uses within the City would be appropriate. At the October 17, 2022 City Council meeting, the City Council adopted an urgency ordinance, establishing a temporary pause on the processing and issuance of Vacation Rental (VR) permits within the City, pending a study of potential new or additional regulations. At that time, the Council also directed City staff and the City Attorney to bring back an ordinance establishing certain vacation rental regulations.
This agenda item provides the City Council with the opportunity to consider an Ordinance modifying the current Vacation Rental regulations, as well as potentially providing further direction to City staff and the City Attorney regarding further regulations. This agenda item also provides the City Council with an opportunity to modify the moratorium adopted on October 17, 2022, should the City Council wish to do so.
RECOMMENDATION:
1. Waive the reading of text in its entirety, read by title only, and introduce for first reading Ordinance No._____, “AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 REGARDING VACATION RENTALS”; and
2. Provide direction regarding further Vacation Rental regulations.
Item 3A - Page 1
City Council Staff Report
November 10, 2022 -- Page 2
Vacation Rental Ordinance
BACKGROUND:
At the October 17, 2022 City Council meeting, the Council directed the City staff and City Attorney to bring back an ordinance for consideration that addressed the following issues:
• Neighborhood-based caps on vacation rentals;
• Requirements for owner-occupation of vacation rental properties; • An additional category of VR permits for those owners who wish to rent fewer than thirty-six times per year (aka “Junior Permits”);
• Grandfathering (or Grandparenting) in of some of these new regulations; • Interplay of Vacation Rentals and Event Houses;
• Clarification of consequences of failure to pay transient occupancy tax (TOT); • Further defining the “incidental” use of residences; and • Regular review of VR ordinance regulations.
At the October 1 7 City Council meeting, the Council also paused the processing and issuance of VR permits, pending further direction regarding vacation rental regulations.
STAFF ANALYSIS:
The accompanying ordinance addresses the issues raised by the City Council on October 17, 2022. Each issue is addressed, in turn, below.
Neighborhood-Based Caps
The draft ordinance establishes a cap on the number of Vacation Rental Registration Certificates that can be issued, based on the percentage of those certificates that are issued in a particular Neighborhood in relation to the number of dwelling units within that Neighborhood.
Under the proposed ordinance, a “Neighborhood” is one of the City’s officially recognized Neighborhoods. For those areas within the City that are not currently located within an officially recognized neighborhood, the proposed ordinance permits the City Council to determine, by resolution, which areas that the City will recognize as a “neighborhood”, for purposes of vacation rental regulations only.
The proposed ordinance proposes a cap of twenty percent (20%) of the residential dwelling units located within a particular Neighborhood, which can be registered as a vacation r ental. This cap, as proposed, excludes residential apartments and condominiums. However, any dwelling unit (whether single-family residence or residential condominium) that is still regulated by the original HOA developer would be included, for purposes of calculating the percentage.
Item 3A - Page 2
City Council Staff Report
November 10, 2022 -- Page 3
Vacation Rental Ordinance
As proposed, the ordinance would establish a Neighborhood cap of twenty percent (20%) of residential dwelling units. Of course, this percentage could be modified in this draft ordinance by the City Council, in the Council’s discretion. The proposed ordinance would also allow this percentage to be modified, from time to time, by City Council resolution.
The proposed Neighborhood- based cap would not affect any existing certificates that have been issued by the City, even in Neighborhoods that exceed the percentage cap.
However, the City would not, under the proposed ordinance, issue any additional VR certificates within that Neighborhood, unless and until the number of permits is lower than the percentage cap. Thus, for those Neighborhoods where the percentage exceeds the cap, the City would likely need to establish some method of tracking additional applications, and determine an equitable method for issuing certificates, if and when the number of certificates falls below the percentage cap. For instance, the City could then issue such certificates on a first come- first serve bas is. Alternatively, the City Council could establish a lottery type system.
Owner-Occupation of Vacation Rental Properties
The proposed ordinance requires New Permittees to reside at the property at least ninety (90) days per calendar year. The ordinance requires that a New Permittee applicant for a vacation rental permit certify, under penalty of perjury, that the owner intends to occupy the property for that period. And, the ordinance requires such owner to certify, again under penalty of perjury, that the owner has actually occupied the property for that past ninety (90) day period, as part of the owner’s annual re- authorization of the vacation rental certificate.
Although the proposed ordinance proposes a ninety (90) day occupancy requirement, this amount could, in the Council’s discretion, be adjusted to another number that the City Council reasonably determines qualifies as the “primary” use of the residence.
In reviewing the direction provided by Council at the October 17, 2022 Council meeting, staff has identified concerns regarding enforcement of some of the proposed additional regulations; the most challenging being the requirement for vacation rental permit holders to reside in the home for 90 days per calendar year. The ability to ascertain evidence to support the residency affidavit will be difficult for staff to ascertain and validate. This proposed regulation has caused the most concern with Special Programs staff, who believe that it will be difficult to enforce.
Presently, contract summary submission is on an honor system. The numbers are not reliable and basing two permits on the number of contracts submitted is problematic for enforcement. For example, a sampling of 183 properties was conducted to determine the reliability of contract summary submissions. T he results of which were that 33% of properties did not enter contract summaries yet filed TOT returns evidencing rentals.
Item 3A - Page 3
City Council Staff Report
November 10, 2022 -- Page 4
Vacation Rental Ordinance
Junior Permits
At the October 1 7 City Council meeting, the City Council directed staff and the City Attorney to come up with a separate category of vacation rental permits for those property owners who do not wish to rent their residences as many times as is currently authorized in Chapter 5.25. As such, a “junior” permit category is proposed in the accompanying ordinance.
A “junior” VR permit is one that authorizes fewer annual Contracts and for which a lower registration fee is to be paid. The proposed ordinance proposes a cap of six (6) Contract stays per calendar year for such “junior” VR permits.
The proposed ordinance also provides that, if at the time of the annual permit renewal, an owner has not registered seven (7) or more Contract stays with the City, the vacation rental certificate for that property will automatically be renewed as a Junior Permit. Thus, the ordinance proposes a sort of “use it, or lose it” system.
Although the proposed ordinance establishes a cap of six (6) Contract stays per calendar year, the City Council could, in its discretion, establish a different numerical cap.
The proposed ordinance also proposes to allow for a reduced registration fee for such “junior” VR certificates, based on the reduced regulatory costs associated with less intense rentals of these properties. The exact amount of such registration fees would be brought back to Council for adoption by resolution.
Grandfathering (Grandparenting)
The proposed ordinance allows for existing permittees to operate under the current ordinance, for a defined period of time.
The proposed ordinance defines an “existing permittee” as any property for which a VR permit has been issued, or for which a complete application has been filed with the City, on or before October 17, 2022. A “new” permittee, by contrast, is one for which a complete application for a Vacation Rental Registration Certificate was file d with the City after October 17, 2022. As with other numerical regulations contained in the proposed ordinance, these dates can be adjusted by the City Council in its reasonable discretion.
The proposed ordinance caps existing permittees at thirty -two (32) plus four (4) (in the Third Quarter) for five (5) years, i.e., until December 31, 2027. Commencing January 1, 2028, existing permittees will be limited to twenty (20) plus four (4) (in the Third Quarter) per calendar year. As with other numerical regulations contained in the proposed ordinance, these dates and numbers can be adjusted by the City Council in its reasonable discretion.
Item 3A - Page 4
City Council Staff Report
November 10, 2022 -- Page 5
Vacation Rental Ordinance
For the occupancy requirement, the proposed ordinance requires New Permittees to occupy their residential property for at least ninety (90) days per calendar year (or pro- rata portion of the calendar year). T hese ninety (90) days need not be consecutive.
However, after five (5) years, i.e., after January 1, 2028, all vacation rental owners will be required to occupy the property for ninety (90) days.
As with other numerical regulations contained in the proposed ordinance, these dates and numbers can be adjusted by the City Council in its reasonable discretion.
Vacation Rentals and Event Houses
The proposed ordinance provides that Vacation Rentals (including any Junior Vacation Rentals) cannot be used as an Event House. This represents an effort to further reduce the impact to neighbors, by residences that might otherwise be used both for vacation rentals as well as special events.
Failure to Pay Transient Occupancy Tax (TOT)
Under the proposed ordinance, if any person who operates a Vacation Rental in violation of the City’s transient occupancy tax chapter (Chapter 3.24), including, without limitation, for any failure to pay such transient occupancy tax, that violation will result in a suspension of their vacation rental registration for twelve (12) months.
“Incidental” Use of Residences
One of the primary issues involved in the City’s regulation of vacation rentals is the concept that vacation rentals of residential properties is, and should be, considered an incidental use of that residence. Specifically, the City’s current vacation rental ordinance provides that a person cannot maintain any financial interest in more than one vacation rental property. For this purpose, the City’s current ordinance provides t hat a financial interest includes both “legal and beneficial ownership, as well as any arrangement that provides for receipt of any portion of the revenues generated by the Vacation Rental.”
The City has received at least one request, by a married couple, to allow two (2) residential properties to be registered as vacation rentals.
In the City staff’s opinion, the ownership and operation of two (2) residential properties by a married couple (or a couple in a domestic partnership) is inconsistent with the concept of “incidental” use of that residence.
As such, the proposed ordinance clarifies the rule prohibiting any financial interest in more than one (1) vacation rental, by declaring that a person will be deemed to have a financial interest in a vacation rental that is owned by his or her spouse or registered domestic partner, regardless of any pre- or post- nuptial agreements to the contrary.
Item 3A - Page 5
City Council Staff Report
November 10, 2022 -- Page 6
Vacation Rental Ordinance
Regular Review of VR Ordinance Regulations
As discussed at the October 1 7 City Council meeting, the proposed ordinance provides that the City Council will review its vacation rental regulations no later than two (2) years from now.
Additional Regulatory Issues
In addition to the issues that City Council identified at the October 1 7 Council meeting, City staff has identified issues that staff believes need to be addressed at some point.
Such issues can be summarized as follows:
• LLC - tighten up regulations to not allow multiple LLC ownership of LLC applying - LLC’s must be owned by natural persons only. Add additional regulations to prevent investor-owned properties, not allowing LLC members to be a trust, and no 401k.
• A dd the option for virtual check in. This was addressed earlier this year by administrative regulation. This should only be applicable to vacation rental homes.
Homeshare properties should still require in- person check-ins since the owners should be there at the property.
• Remove walk up trash service for homeshares, remove provision to request an exemption from walk up service.
• Provide that VR permit holders cannot use online booking platforms for photo shoots, weddings, pool rentals, etc.
• Stricter penalties for contract summary violations . Presently, the penalty is a 6- month suspension and $2,500 fine. Suspension should be a minimum of 5 years. • Adding penalties for agencies who are bad actors. There have been 3 permanent ineligible properties due to agency advertising prior to obtaining permit. • Properties that were found to be renting without a VR certificate cannot apply for VR permit for one- year. Also, at time of applying, the new owner must verify the purchase – no transfers.
• Clean up issues, such as clarifying that “Agent” means “Owner” where applicable.
Changing the definition of “transient” to be consistent with the TOT ordinance’s definition.
Moratorium
At the October 17 City Council meeting, the City Council adopted a temporary pause on the processing of vacation rental permit appl ications and the issuance of vacation rental permits. This was done in order to prevent a rush on certificate applications, pending the completion of the Council’s consideration of further regulations. The moratorium is set to expire on November 30, 2022.
Item 3A - Page 6
City Council Staff Report
November 10, 2022 -- Page 7
Vacation Rental Ordinance
Should the Council believe that its immediate objectives have been met with the accompanying ordinance, the Council may wish to consider removing or modifying the current pause on processing and issuing vacation rental certificates. Should the Council wish to do so, the City Council can provide direction at the time of the first reading of the accompanying ordinance, so that the action on the moratorium can be incorporated into the ordinance.
ENVIRONMENTAL ASSESSMENT
:
This Ordinance is not subject to th e California Environmental Quality Act (Public Resources Code Section 21000 et seq.) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a "project," as that term is defined in Section 15378 of the State Guidelines. In addition, the City Council also determines this Ordinance consists of regulations intended to ensure that the incidental short term rental us e of residential property remains an ancillary and secondary use of residential property in the City and thereby preserve the residential character of the City's single-family and multi-family neighborhoods as identified in the City's adopted General Plan, and its concomitant Environmental Impact Report. Thus, to the extent there is any environmental impact from the adoption of this Ordinance, the City Council finds that the Environmental Impact Report for the adopted General Plan is the controlling environmental document.
ALIGNMENT WITH STRATEGIC PLANNING:
This action is in alignment with the City Council’s adopted Strategic Plan, Item 1E – Neighborhood Issues, which calls for a review of the City’s vacation program.
FISCAL IMPACT:
This action is not likely to have a significant fiscal impact on the City.
REVIEWED BY:
Department Director: Veronica Goedhart
City Attorney: Jeffrey S. Ballinger
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. Proposed Vacation Rental Ordinance
Item 3A - Page 7
ATTACHMENT A
Item 3A - Page 8
55575.18100\40823888.1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF PALM SPRINGS ,
CALIFORNIA, AMENDING AND RESTATING CHAPTER
5.25 OF THE PALM SPRINGS MUNICIPAL CODE,
REGARDING VACATION RENTALS
City Attorney’s Summary
This ordinance amends in part and restates the City’s
Chapter regulating vacation rentals within the City of Palm Springs.
WHEREAS, because the City of Palm Springs is a vacation destination, there has long been a market for short-term home rentals; and
WHEREAS, since 2008, City ordinances have expressly allowed the short -term rental of single family dwellings, subject to various conditions designed to protect the interests of neighboring residents (as well as the City’s own interest in collecting transient occupancy taxes (TOT); and
WHEREAS, in 2017, the City enacted Ordinance No. 1918, which re- enacted the previous ordinances, with amendments, which, among other things, made a new finding that the ordinance was consistent with the City’s Zoning Code; and
WHEREAS, Ordinance No. 1918 (codified as Chapter 5.25 of the Palm Springs Municipal Code) imposed additional restrictions on occupancy and use of vacation rental properties in Palm Springs different and complimentary to restrictions initially included in previous ordinances, and provided additional enforcement oversight; and
WHEREAS, Chapter 5.25 includes a requirement for a vacation rental permit, as well as significant operational requirements, standards and a rigorous vacation rental enforcement program; and
WHEREAS, Ordinance No. 1918 was upheld by the California Court of Appeals, in Protect Our Neighborhoods v. City of Palm Springs, Case No E074233 (Jan. 2022), as against challenged based on the California Environmental Quality Act (CEQA) as well as the California Planning and Zoning Law; and
WHEREAS, since the adoption of Ordinance No. 1918, other communities wit hin the region have adopted additional regulations or prohibitions on short -term vacation rentals; and
WHEREAS, over the course of several public meetings, including City Council meetings held on March 29, 2022, September 29, 2022 and October 17, 2022, the City Council has received and heard input from various stakeholders within the community ; and
Item 3A - Page 9
55575.18100\40823888.1
Ordinance No. _____
WHEREAS, following the March 29, 2022 City Council meeting, the City established a Vacation Rental Working Group, which was tasked with providing input to the City regarding the possible need for further regulations on vacation rentals; and
WHEREAS, based on the input of the Vacation Rental Working Group, as well as the input of numerous members of the community, the City Council wishes to adopt the regulations contained in this ordinance, in order to prevent the use of vacation rentals from becoming a nuisance within the City.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby amends Palm Springs Municipal Code Chapter 5.25 (Vacation Rentals), as set forth in Exhibit A, attached hereto and incorporated by reference herein.
SECTION 2. The City Council shall review and consider the regulations contained in this Ordinance, including potential further regulations, no later than two (2) years following the adoption of this Ordinance.
SECTION 3. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a "project," as that term is defined in Section 15378 of the State Guidelines. In addition, the City Council also determines this Ordinance consists of regulations intended to ensure that the incidental short term rental use of residential property remains an ancillary and secondary use of residential property in the City and thereby preserve the residential character of the City's single -
f
amily and multi -family neighborhoods as identified in the City's adopted General Plan, and its concomitant Environmental Impact Report. Thus, to the extent there is any environmental impact from the adoption of this Ordinance, the City Council finds that the Environmental Impact Report for the adopted General Plan is the controlling environmental document.
SECTION 4. The provisions of this Ordinance are severable. If any portion, section, subsection, paragraph, clause, sentence, phrase, work, or application of this Ordinance is for any reason held to be invalid by a decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each and every portion, section, subsection, paragraph, clause, sentence, phrase, word, and application not declared invalid or unconstitutional without regard to whether any portion of this Ordinance or application thereof would be subsequently declared invalid.
Item 3A - Page 10
55575.18100\40823888.1
Ordinance No. _____
SECTION 5. 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 ______________, 2022
LISA MIDDLETON
MAYOR
ATTEST:
BRENDA PREE
CITY CLERK
Item 3A - Page 11
55575.18100\40823888.1
Ordinance No. _____
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 ______________, 2022
BRENDA PREE
CITY CLERK
Item 3A - Page 12
55575.18100\40823888.1
Ordinance No. _____
EXHIBIT “A”
ORDINANCE TEXT ATTACHED
ON FOLLOWING PAGES
Item 3A - Page 13
Chapter 5.25 VACATION RENTALS
5.25.010 Title.
5.25.020 Findings.
5.25.030 Definitions.
5.25.040 Registration Certificate Required.
5.25.045 Caps on Certificates based on Neighborhood.
5.25.050 Agency.
5.25.060 Vacation Rental Registration Requirements.
5.25.070 Operational Requirements and Standard Conditions.
5.25.075 Specific Prohibitions.
5.25.078 Homesharing Authorization.
5.25.080 Audit.
5.25.085 Disclosure of Business Entities, Limited Liability Companies, and Personal or Family Trusts.
5.25.090 Violations.
5.25.100 Requirements Not Exclusive.
5.25.010 Title.
This Chapter shall be referred to as the “Vacation Rental Ordinance.”
5.25.020 Findings.
The City Council finds and determines as follows:
(a) The primary use of single-family and multi-family dwelling units in the City of Palm Springs is the provision of permanent housing for full time and part time residents of the City who live and/or work in the City. Vacation Rentals and Homesharing are not uses specifically recognized in the City’s Zoning Ordinance, nor are these uses expressly identified as uses permitted in single-family or multi-family zones. Vacation Rentals and Homesharing are similar in character and use as hotels and other commercial short term uses and can only be permitted in single-family or multi-family zones if such uses are ancillary and secondary to the residential use of property. This Ordinance confirms Vacation Rentals and Homesharing as ancillary and secondary uses of residential property in the City. (b) The purpose of this Chapter is to establish a regulatory program for Vacation Rental and Homesharing lodging, with appropriate standards that regulate vacation rental of residential property, minimize adverse effects of vacation rental uses on surrounding residential neighborhoods, ensure that vacation rentals and homesharing are ancillary and secondary uses of residential property consistent with the provisions of the City’s Zoning Ordinance, preserve the character of neighborhoods in which Vacation Rental and Homesharing uses occur, and provide an administrative procedure to preserve existing visitor serving opportunities and increase and enhance public access to areas of the City and other visitor destinations.
Item 3A - Page 14
(c) Limiting Vacation Rental and Homesharing lodging to single-family dwelling units subject to the regulations provided in this Chapter and prohibiting Vacation Rental and Homesharing lodging in apartments will safeguard, preserve, and protect residential housing stock in the City.
(d) The adoption of a comprehensive code to regulate issuance of, and attach conditions to, Registration Certificates for Vacation Rental and Homesharing lodging within single-family residential neighborhoods and the related use of residential property preserves the public health, safety, and welfare. This Chapter provides a permitting process and imposes operational requirements consistent with the ancillary and secondary status of Vacation Rentals and Homesharing, for the purpose of minimizing the potential adverse impacts of transient uses on residential neighborhoods.
(e) This Chapter is not intended to regulate hotels, motels, inns, time-share units, or non-vacation type rental arrangements including, but not limited to, lodging houses, rooming houses, convalescent homes, rest homes, halfway homes, or rehabilitation homes.
5.25.030 Definitions.
For purposes of this Chapter, the following words and phrases shall have the meaning respectively ascribed to them by this Section:
“Apartment” means (a) a residential unit in a multi-family development of two (2) dwelling units where both dwelling units are rented or leased for occupancy as a residence for individual families, and (b) a residential unit in a multi-family development of three (3) or more dwelling units.
“Applicant” means the Owner.
“Bedroom” means an area of a Vacation Rental normally occupied and being heated or cooled by any equipment for human habitation, which is 120 square feet and greater in size, consists of four walls to the ceiling, at least one of which is located along an exterior wall with a window, and contains a built-in closet.
“Business Entity” means a corporation, partnership, or other legal entity that is not a natural person or a personal or family trust or a limited liability company consisting solely of natural persons.
“Change of Property Ownership” means the transfer of title from one person to another.
“Cluster or Compound” means any two or more Vacation Rentals that operate on a unified or shared basis where residents of such Vacation Rentals have exclusive access to more than one Vacation Rental and/or the facilities of such Vacation Rentals, including by way of example, a swimming pool, tennis court, or cooking facilities. “Contract” means an agreement or evidence of any tenancy that allows or provides for the vacation rental of property.
Item 3A - Page 15
“Daytime occupancy” means the hours between 10:00 am and 10:00 pm. “Daytime occupants” mean the guests who may occupy a Vacation Rental during a daytime occupancy.
“Enforcement Official” means the City Manager, the Police Chief, the Fire Marshall, the Building Official, or one or more of their respective designees. “Existing Permittee” means a property for which a Vacation Rental Registration Certificate has been issued, or for which a complete application has been filed with the City, on or before October 17, 2022.
“Exclusive listing arrangement” means a written agreement between an Owner and an agent or representative where the agent or representative has the sole and exclusive right to rent or lease a Vacation Rental unit to any person and the Owner is prohibited from renting or leasing the Vacation Rental unit except through the Owner’s agent or representative. “Estate Home” means a single family dwelling with five or more bedrooms. “Good cause” for the purposes of denial, suspension, revocation, imposition of conditions, renewal, and reinstatement of a Vacation Rental Registration Certificate, means (1) the Applicant, Owner, the Owner’s Agent, or the Local Contact Person has failed to comply with any of the terms, conditions, or provisions of this Chapter or any relevant provision of this Code, State law, or any rule or regulation promulgated thereunder; (2) the Applicant, Owner, Owner’s Agent, or Local Contact Person has failed to comply with any special conditions that were placed upon the Vacation Rental Registration Certificate by the Enforcement Official; or (3) the Vacation Rental has been operated in a manner that adversely affects the public health or welfare or the safety of the immediate neighborhood in which the Vacation Rental is located. “Good Neighbor Brochure” means a document prepared by the Enforcement Official that summarizes general rules of conduct, consideration, and respect, including without limitation provisions of the Palm Springs Municipal Code applicable to or expected of guests to the City.
“Homeshare Interest” means a portion of an Owner’s home that is subject to homesharing as provided in this Chapter.
“Homesharing” means an activity whereby the Owner hosts visitors in the Owner’s home, for compensation, for periods of twenty-eight (28) consecutive days or less, while the Owner lives on-site and in the home, throughout the visitor’s stay. “Hotline” means the telephonic service operated by or for the City for the purpose of receiving complaints regarding the operation of any Vacation Rental and the forwarding of such complaints to the appropriate city enforcement officials or, if applicable, the Local Contact Person. For the purposes of this Chapter, the term “Hotline” also includes any contact in person or by telephone, email, and digital or electronic communication, or correspondence of any kind to and/or from any Enforcement Official.
Item 3A - Page 16
“Junior Vacation Rental Registration Certificate ” means a Vacation Rental Certificate authorizing fewer annual Contracts and for which a lower registration fee shall be charged.
“Local contact person” means the Owner, a local property manager, or agent of the Owner, who is available twenty-four hours per day, seven days per week for the purpose of responding in-person within thirty (30) minutes to complaints regarding the condition, operation, or conduct of occupants of the Vacation Rental, or any agent of the Owner authorized by the Owner to take remedial action and who responds to any violation of this code. “Neighborhood” means a City-recognized neighborhood, as set forth in Palm Springs Municipal Code Chapter 2.55 (Office of Neighborhoods). For those areas within the City that are not located within a City-recognized Neighborhood, the City Council may, by ordinance or resolution, determine that, for purposes of this Chapter only, such area is contained in a particular City-recognized Neighborhood, or the City Council may recognize, for purposes of this Chapter only, a new Neighborhood.
“New Permittee” means a property for which a complete application for a Vacation Rental Registration Certificate was filed with the City after October 17, 2022. “Owner” means the natural person or persons who is/are the owner of record of the Property. The term “Owner” also includes a personal or family trust consisting solely of natural persons and the trustees of such trust or a limited liability company and the members of such company, insofar as the disclosure requirements pursuant to Section 5.25.085 are satisfied.
The term “Owner” does not include a Business Entity.
“Property” means a residential legal lot of record on which a Vacation Rental is located.
“Rental Term” means the period of time a Responsible Person rents or leases a Vacation Rental.
“Responsible Person” means an occupant of a Vacation Rental who is at least twenty-five (25) years of age and who shall be legally responsible for compliance of all occupants of the unit and/or their guests with all provisions of this Chapter and/or this code. “Third Quarter” means the entire months of July, August, and September in one calendar year.
“Vacation Rental” means a single-family dwelling, or any portion thereof, utilized for occupancy for dwelling, lodging, or sleeping purposes without the Owner being present for a period of twenty-eight (28) consecutive days or less, other than ongoing month-to-month tenancy granted to the same renter for the same unit, occupancy of a time-share basis, or a condominium hotel as defined in Section 91.00.10 of this Code. The term “vacation rental” is synonymous with “short term rental” and “transient use” and does not include homesharing.
Item 3A - Page 17
“Vacation Rental Registration Certificate” or “Registration Certificate” means the annual permit and/or a registration for a Vacation Rental or a Homeshare Interest issued by the City pursuant to this Chapter.
“VR Neighborhood Per centage” means a percentage derived by dividing the total number of residential dwelling units within a Neighborhood that have been issued a Vacation Rental Registration Certificate by the total number of residential dwelling units within that Neighborhood, and multiplying that quotient by one hundred (100). For purposes of calculating the VR Neighborhood Percentage Cap, residential apartments and residential condominiums shall not be included. In addition, any residential dwelling unit (including any single family residence) that is located within a common interest development (also known as an HOA) whose control has been transferred from the originator of that common interest development/HOA shall not be included in calculating the VR Neighborhood Percentage Cap. “VR Neighborhood Percentage Cap” means the maximum VR Neighborhood Percentage allowed by the City Council in each Neighborhood. The VR Neighborhood Percentage Cap is set at twenty percent (20%). This VR Neighborhood Percentage Cap may be adjusted by the City Council by ordinance or resolution.
5.25.040 Registration Certificate Required.
(a) The operation of a Vacation Rental or a Homeshare Interest without a Vacation Rental Registration Certificate is prohibited.
(b) A Vacation Rental Registration Certificate shall not be issued to any Business Entity other than a limited liability company. A natural person, limited liability company, or personal or family trust shall not maintain any financial interest in more than one Vacation Rental. For this purpose, financial interest includes both legal and beneficial ownership as well as any arrangement that provides for receipt of any portion of the revenues generated by the Vacation Rental. For purposes of this section, a person shall be deemed to have a financial interest in any Vacation Rental that is owned by his or her spouse or registered domestic partner, regardless of the terms of any contractual arrangement, such as any transmutation (i.e., pre- or post- nuptial) agreement. An Owner shall only be issued, and can only maintain, one Vacation Rental Registration Certificate at any time.
(c) The provisions of Subsection (b) of this Section shall not apply to or be enforced against any Owner who operates a Vacation Rental pursuant to a valid Vacation Rental Registration Certificate issued prior to January 10, 2017 and shall only apply to each specific Vacation Rental owned by such Owner as of January 10, 2017 and only so long as such Owner for each Vacation Rental complies with the provisions of this Code. The purpose of this exception is to afford current owners of vacation rental property a reasonable opportunity to recoup costs reasonably invested for vacation rental use and which may not have been recouped during the period of vacation rental use and which cannot be recouped once the vacation rental use is terminated.
(d) Each Owner of a Vacation Rental who rents, exchanges, trades, gifts, or grants such Vacation Rental for a period of twenty-eight (28) consecutive days or less shall fully Item 3A - Page 18
comply with all provisions of this Chapter related to the use and occupancy of a Vacation Rental, and the operational requirements, provided in this Chapter. Each rental, exchange, trade, gift, and grant of a stay of less than twenty-eight (28) days shall count as one Contract. (e) No Owner of residential property in the City shall rent any Homeshare Interest for a period of twenty-eight consecutive days or less without a valid Rental Registration Certificate for Homesharing pursuant to this Chapter for such Homesharing Interest. (f) A copy of the current Registration Certificate as issued by the City and the maximum number of guests allowed on the premises shall be displayed in a clear and legible manner in a conspicuous and easily accessible location in the unit and on all advertising related to each Vacation Rental or Homesharing Interest, including without limitation, web based advertising, hosting platform, print media, and television. (g) The issuance and or renewal of a Registration Certificate shall be deemed evidence that the holder of such Registration Certificate has registered a vacation rental property with the City and that the holder acknowledges the holder’s obligation to comply with all provisions of this Chapter and the Code. The issuance of a Registration Certificate shall not be construed as bestowing or granting any vested right or entitlement.
5.25.045 Caps on Certificates based on Neighborhood.
The City shall not issue any new Vacation Rental Registration Certificate in any Neighborhood in which the VR Neighborhood Percentage Cap has been exceeded or would, with the issuance of any such Certificate, be exceeded.
5.25.050 Agency.
(a) An Owner may retain an agent with an exclusive listing arrangement or a representative to assist in the compliance with the requirements of this Chapter, including, without limitation, the filing of a complete Vacation Rental registration the management of the Vacation Rental unit or units, and compliance with the requirements of this Chapter including the collection and payment to the City of all transient occupancy taxes due and payable on the Vacation Rental unit. The Owner and any such agent or representative of Owner must have the authority to evict any tenant, resident, or guest permitted to reside at the Vacation Rental for violation of any provision of this Chapter or regulation thereof. Except as provided in Subsection (b) of this Section and notwithstanding any agency relationships between an Owner and an agent or representative, the Owner of the Vacation Rental unit or units shall execute all applications and documentary requirements as provided in this Chapter and shall remain responsible for compliance with the provisions of this Chapter. The failure of an agent to comply with this Chapter shall not relieve the Owner of the Owner’s obligations under the provisions of this Chapter.
(b) In the event an Owner enters into an exclusive listing arrangement, the Vacation Rental registration certificate may be secured, and the transient occupancy registration certificate requirements provided in this Chapter may be performed, by the agent or representative and not by the Owner; however, the agent or representative shall separately account all revenues and Item 3A - Page 19
costs on a per property basis, including without limitation transient occupancy taxes and the gross rent amounts used to calculate such taxes.
5.25.060 Vacation Rental Registration Requirements.
(a) Prior to use of a property as a Vacation Rental, and annually thereafter, the applicant shall register the property as a Vacation Rental with the City on a registration form furnished by or acceptable to the Enforcement Official and signed by the applicant under penalty of perjury. Each application shall contain the following information:
(1) The name, address, and telephone number of the Owner of the unit for which the Vacation Rental registration certificate is to be issued. The name, address and telephone numbers of any other natural persons, limited liability companies or personal or family trusts that hold any financial interests in the Vacation Rental as well as copies of legal documents creating such financial interests.
(2) The name, address, and telephone number of the exclusive listing agent, if any, of the Owner of the unit.
(3) The name, address, and twenty-four-hour telephone number of the Local Contact Person and verification that the Local Contact Person can respond in-person to the site of the Vacation Rental within thirty (30) minutes. The Local Contact Person may only use the address of the Vacation Rental if the Local Contact Person will be present at the unit for the duration of each Contract.
(4) The address of the residential property proposed to be used as a Vacation Rental. (5) The number of bedrooms and the applicable overnight and daytime occupancy limit of the unit consistent with the provisions of Section 5.25.070 (c). (6) Evidence of a valid business license issued by the City for the separate business of operating Vacation Rentals or submission of a certificate that Owner is exempt or otherwise not covered by the City’s Business Tax Ordinance (Division II, Title 3 of the Palm Springs Municipal Code) for such activity.
(7) Evidence of a valid transient occupancy registration certificate issued by the City for the Vacation Rental unit.
(8) Acknowledgement of receipt and inspection of a copy of all regulations pertaining to the operation of a Vacation Rental.
(9) Executed indemnification and hold harmless agreement in a form approved by the City Attorney, agreeing to indemnify, save, protect, hold harmless, and defend the City of Palm Springs, the City Council of the City of Palm Springs, individually and collectively, and the City of Palm Springs representatives, officers, officials, employees, agents, and volunteers from any and all claims, demands, damages, fines, obligations, suits, judgments, penalties, causes of action, losses, liabilities, or costs at any time received, incurred, or accrued as a result of, or Item 3A - Page 20
arising out of Owner’s actions or inaction in the operation, occupancy, use, and/or maintenance of the Property.
(10) Evidence of insurance coverage as required under Section 5.25.070(t) of this Chapter.
(11) Completion of building, fire, and safety inspection and completion of any corrections identified by an Enforcement Official. Such inspections shall include a review of the premises for compliance with the operational requirements of this Chapter, including without limitation determining the total number of qualified bedrooms. (12) Written acknowledgement in a form approved by the Enforcement Official that there are no covenants or other deed restrictions on the property that prohibit or limit the use of the property as a Vacation Rental. The Enforcement Official may accept a written consent from the governing board of a homeowners’ association with jurisdiction over the property in satisfaction of this requirement.
(13) An attestation by the Owner that the Owner intends to reside within the Vacation Rental for the minimum time period required by Section 5.25.070(w), below. In addition, for each annual registration, the application shall contain an attestation that (during the prior calendar year, or pro rata portion thereof) the Owner has actually resided within the Vacation Rental for the minimum time period required by Section 5.25.070(w), below. (14) Such other information as the Enforcement Official deems reasonably necess ary to administer this Chapter.
(b) The registration of a Vacation Rental shall be accompanied by a fee established by resolution of the City Council; provided, however, the fee shall be no greater than necessary to defer the cost incurred by the City in administering the provisions of this Chapter. (c) A Vacation Rental registration certificate shall be denied if a registration certificate for the same unit and issued to the same Owner has previously been revoked pursuant to Section
5.25.090. The denial of a registration certificate for any reason may be appealed in accordance with to the provisions of Chapter 2.50 of the Municipal Code. (d) Upon Change of Property Ownership, the Registration Certificate shall expire and the property shall not be used as a Vacation Rental until the new or successor Owner is issued a Vacation Registration Certificate for the property. The provisions of Section 5.25.040(b) shall be applicable to any such new or successor Owner. In the event of a change in agent or the occurrence of any other material fact set forth in the annual registration, a new registration for a Vacation Rental shall be required to continue operation of the Vacation Rental and within seven days of said change the Owner or his or her exclusive listing agent shall submit the required registration and fee.
(e) The Owner or his or her exclusive listing agent shall cancel the Vacation Rental Registration Certificate within seven (7) days of the date the Vacation Rental is sold or otherwise disposed of or after an event that results in the unit no longer in use as a Vacation Rental.
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(f) Each applicant for a Registration Certificate, including without limitation the Owner and the Owner’s agent and/or representative, shall annually attend and/or participate in an educational program devised and administered by the City Manager for the purpose of training applicants for vacation rental registration certificates, or renewals thereof, on their respective roles and responsibilities in the successful administration and compliance with the City’s Vacation Rental program. Each applicant shall annually take a test prepared and administered by the City Manager regarding each applicant’s role and responsibilities in the Vacation Rental Program and Registration Certificates will not be issued or renewed until the applicant has successfully passed such test.
5.25.070 Operational Requirements and Standard Conditions. (a) The Owner shall use reasonably prudent business practices to ensure that the Vacation Rental unit complies with all applicable codes regarding fire, building and safety, health and safety, and all other relevant laws.
(b) No more than thirty-two (32) Contracts for Vacation Rental use of a property shall be allowed or provided in any calendar year; however, up to four (4) additional Contracts shall be allowed or provided for the Third Quarter of a calendar year so long as the entire term of each such Contract occurs during such Third Quarter. For any property for which a Junior Vacation Rental Registration Certificate has been issued, no more than six (6) Contracts for Vacation Rental use of that property shall be allowed or provided in any calendar year. A Contract includes any occupancy of a property subject to a Vacation Rental registration certificate by persons other than the Owner when the Owner is not present during such occupancy, regardless of whether compensation is paid for such occupancy or whether occupancy is evidenced in an agreement or document.
(i) In the event the number of fully executed and enforceable Contracts for a Vacation Rental of a property for calendar year 2017 exceed the Contract limitations provided above as of February 15, 2017, such limitations shall not apply; however, no new or additional Contracts for such property shall be allowed for calendar year 2017.
(ii) For the first year a Vacation Registration Certificate is in effect, the thirty-two (32) contract limit shall be prorated based on the number of months that elapse prior to the subsequent calendar year and in the event any portion of the Third Quarter occurs during the first year a Vacation Registration Certificate is in effect, the four (4) additional Contracts may be used during such Third Quarter.
(iii) For Existing Permittees, the thirty-two (32) (with optional four (4) additional Third Quarter Contracts) Contract limitation above shall be reduced to twenty (20) (with optional four (4) additional Third Quarter Contracts), on January 1, 2025. For New Permittees, on and after the effective date of this ordinance, no more than twenty (20) Contracts for Vacation Rental use of a property shall be allowed or provided in any calendar year; however, up to four (4) additional Contracts shall be allowed or provided for the Third Quarter of a calendar year so long as the entire term of each such Contract occurs during such Third Quarter.
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(iv) Notwithstanding the restrictions imposed by this Subparagraph, the Owner at the time an application or renewal is submitted can designate and file with the Enforcement Official the names of up to five (5) persons who may occupy the Vacation Rental unit at no cost and without requiring the presence of the Owner on the premises of the Vacation Rental. Each such occupancy shall fully comply with all other provisions of this Chapter. (c) The Owner shall limit overnight occupancy of the Vacation Rental unit to a specific number of occupants, with the maximum number of occupants as no more than two (2) persons per bedroom within each Vacation Rental unit and a maximum of no more than eight (8) persons total within the Vacation Rental unit, except that Owner may allow up to two (2) minor children, age 12 or under, to occupy the Vacation Rental in addition to the maximum number of occupants otherwise provided in this Subsection. The number of bedrooms in a Vacation Rental shall be verified by the Enforcement Official using County Assessor and/or City Building records and/or a physical inspection of the premises, prior to the issuance of a Registration Certificate. The Owner may also allow up to four (4) daytime occupants in addition to the total number of guests allowed for overnight occupancy pursuant to this Subsection. No more than one (1) automobile per bedroom shall be allowed for each Vacation Rental. Advertising and/or renting one or more Vacation Rentals as part of a cluster or compound is prohibited. (d) The Owner of an Estate Home shall be exempt from the limitations of Subsection (c) of this Section for up to two (2) additional bedrooms for housing to accommodate no more than two (2) persons for each additional bedroom approved pursuant to the Exemption up to a maximum of twelve (12) guests and up to two (2) minors age twelve (12) and under. (e) During the Rental Term each Vacation Rental unit is rented, the Owner, his or her agent, and/or the Local Contact Person designated by the Owner, after being contacted by the Enforcement Official, shall be available twenty-four hours per day, seven days per week, for the purpose of (1) responding by telephone within fifteen (15) minutes of complaints from or through the Hotline and (2) responding in-person within thirty (30) minutes to any additional or successive complaints regarding the condition, operation, or conduct of occupants of the Vacation Rental.
(f) The Owner shall use reasonably prudent business practices to ensure that the occupants and/or guests of the Vacation Rental unit do not create unreasonable noise disturbances, engage in disorderly conduct, or violate provisions of the Municipal Code or any state law.
(g) Notwithstanding the provisions of Section 11.74.043, any radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier, or any machine or device for the producing or reproducing of any sound shall be conducted within a fully enclosed Vacation Rental unit and shall not be audible at the property line of the Vacation Rental. (h) Prior to occupancy pursuant to each separate occasion of rental of a Vacation Rental, the Owner or the Owner’s agent or representative shall enter into a written Contract with a Responsible Person where (1) the Responsible Person will provide the Responsible Person’s name, age, address, and a copy of a government issued identification; (2) establishes and sets out the terms and conditions of the Contract, including without limitation occupancy limits, noise Item 3A - Page 23
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prohibitions, and vehicle parking requirements; (3) requires the Responsible Person to acknowledge and agree that he or she is legally responsible for compliance of all occupants of the Vacation Rental or their guests with all provisions of this Chapter and/or the Municipal Code; (4) the Owner or the Owner’s Agent provides a copy of the “Good Neighbor Brochure” to the Responsible Person; (5) the Responsible Person provides a list of all guests by name; and (6) the Responsible Person provides a list of all guests’ vehicles, including license plate numbers.
Each Contract shall be maintained by the Owner or the Owner’s Agent for a minimum of four (4) years and shall be readily available for inspection upon request of the Enforcement Official.
A summary or abstract of the written Contract, in a form approved by the Enforcement Official, shall be filed with the Enforcement Official prior to occupancy, in a manner approved by the Enforcement Official, and shall be posted in a conspicuous location on the Vacation Rental property and shall be made available on site at the request of an Enforcement Official. (i) The Enforcement Official shall be the first responder and have primary responsibility for the enforcement of this Chapter. In the event the Enforcement Official notifies the Owner, or his or her agent, the Owner, or his or her agent, that the responsible person, including any occupant and/or guest of the Vacation Rental unit, has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of provisions of the Municipal Code or any state law, shall promptly respond in a timely and appropriate manner to prevent a recurrence of such conduct by those occupants or guests, and evict one or more of the guests when requested by the Enforcement Official. For the purpose of this Subsection and Subsection (j) below, the phrase “in a timely and appropriate manner” shall mean in-person contact within thirty (30) minutes for any call from the Enforcement Official (j) Failure of the Owner or his or her agent to respond to calls or complaints regarding the condition, operation, or conduct of occupants of the Vacation Rental in a timely and appropriate manner shall be grounds for imposition of penalties as set forth in this Chapter. It is not intended that an Owner, agent, or Local Contact Person act as a peace officer or place himself or herself in an at-risk situation.
(k) Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the collectors and between the hours of five a.m. and eight p.m. on scheduled trash collection days. The Owner of the Vacation Rental unit shall use reasonably prudent business practices to ensure compliance with all the provisions of Chapter
6.04 of the Municipal Code (Waste Disposal and Diversion), and shall provide “walk-in service” or as may otherwise be approved by the Enforcement Official. (l) All home repairs (external and internal), garden and yard maintenance, and pool cleaning and maintenance shall not be performed between the hours of 5:00 pm on Friday through 8:00 am on Monday, except in the case of an emergency or the occurrence of an unexpected event that reasonable warrants a timely or immediate response. Repairs and maintenance shall not be scheduled in advance to occur during the days and time specified in this subsection.
(m) The Owner or the Owner’s agent or representative shall meet the Responsible Party in person at the Vacation Rental or the Owner’s or Owner’s agent’s office prior to, or within twenty-four (24) hours of, the commencement of the occupancy and verbally explain and Item 3A - Page 24
describe all rules and regulations applicable to the use of the property as a Vacation Rental and the responsibilities of the Responsible Party to the neighbors and the City as well as the Owner.
The Owner shall secure the signature of the Responsible Party and all adult guests to a statement of rules and regulations prepared by the City Manager prior to or within twenty-four (24) hours of the arrival of the guest at the Vacation Rental.
(n) The Owner of the Vacation Rental unit shall post a copy of the Registration Certificate and a copy of the conditions set forth in this Section, including all rules and regulations applicable to the use of the property as a Vacation Rental, on the inside of the front door and the primary door to the backyard or in a conspicuous location near each such door. (o) The Owner shall provide each occupant of a Vacation Rental with the following information prior to occupancy of the unit and/or post such information in a conspicuous place within the unit:
(1) The name of the managing agency, agent, rental manager, Local Contact Person, or Owner of the unit, and a telephone number at which that party may be reached on a twenty- four-hour basis;
(2) The maximum number of occupants permitted to stay in the unit; (3) The trash pick-up day and applicable rules and regulations pertaining to leaving or storing trash or refuse on the exterior of the property; (4) Notification that any radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier, or any machine or device for the producing or reproducing of any sound shall only be operated within a fully enclosed Vacation Rental unit and shall not be audible at the property line of the Vacation Rental;
(5) Notification that the occupant may be cited or fined by the City and/or immediately evicted by the Owner pursuant to state law, in addition to any other remedies available at law, for creating a disturbance or for violating any provision of this Chapter; (6) Notification that failure to conform to the occupancy requirements of the Vacation Rental unit is a violation of this Chapter;
(7) A copy of this Chapter of the Palm Springs Municipal Code, as may be amended from time to time.
(p) The use of a Vacation Rental unit shall not violate any applicable conditions, covenants, or other restrictions on real property.
(q) The Owner shall comply with all provisions of Chapter 3.24 of the Municipal Code concerning transient occupancy taxes, including, but not limited to, submission of a monthly return for each Vacation Rental in accordance with Section 3.24.080. The monthly return shall be filed each month regardless of whether the Vacation Rental unit was rented or not during each such month.
Item 3A - Page 25
(r) The City Manager shall have the authority to impose additional standard conditions, applicable to all Vacation Rental units or identifiable classes of Vacation Rentals, as necessary, to achieve the objectives of this Chapter. A list of all such additional standard conditions shall be maintained and on file in the Office of the City Clerk and such offices as the City Manager designates.
(s) Notwithstanding the provisions of Subsection (p) above, upon a determination of Good Cause, the City Manager may impose additional or special standards or requirements for placement or imposition of special conditions or performance standards for Owners, Owner’s Agents, Local Contact Persons, and their affected Vacation Rentals. The standard conditions may be modified by the Enforcement Official upon request of the Owner or his or her agent based on site-specific circumstances for the purpose of allowing reasonable accommodation of a Vacation Rental. All requests must be in writing and shall identify how the strict application of the standard conditions creates an unreasonable hardship to a property such that, if the requirement is not modified, reasonable use of the property for a Vacation Rental would not be allowed. Any hardships identified must relate to physical constraints to the subject site and shall not be self-induced or economic. Any modifications of to the standard conditions shall not further exacerbate an already existing problem.
(t) The City Manager shall have the authority to establish administrative rules and regulations, which may include, but are not limited to, registration conditions, reporting requirements, inspection frequencies, enforcement procedures, advertising restrictions, disclosure requirements, or insurance requirements, consistent with the provisions of this Chapter, for the purpose of implementing, interpreting, clarifying, carrying out, furthering, and enforcing the requirements and the provisions of this Chapter. No person shall fail to comply with any such regulation. A copy of such administrative rules and regulations shall be on file in the Office of the City Clerk.
(u) Owner shall procure, maintain, and pay premiums for commercial insurance policies that cover short term rental of property for each Vacation Rental with minimum limits as may be established by the City Manager from time to time. (v) Owner shall annually secure a building and fire and safety inspection prior to renewal of the Vacation Registration Certificate.
(w) For New Permittees, Owner shall reside in the Vacation Rental at least ninety (90) days, whether consecutive or not, per calendar year (or pro rata portion of such calendar year).
On and after January 1, 2028, for all Permittees, whether New or Existing Permittees, Owner shall reside in the Vacation Rental at least ninety (90) days, whether consecutive or not, per calendar year (or pro rata portion of such calendar year). (x) No Vacation Rental, including any Junior Vacation Rental, shall be used as an Event House, as that term is used in Palm Springs Municipal Code Chapter 5.75. The City shall not issue an Event House Permit to any property for which a Vacation Rental Registration Certificate or a Junior Vacation Rental Registration Certificate has been issued and remains valid.
Item 3A - Page 26
(y) If, at the time of any annual renewal of a Vacation Rental Registration Certificate, the holder has not registered with the City seven (7) or more Contract summaries/abstracts in the prior calendar year, that Certificate shall automatically be renewed, if at all, as a Junior Vacation Rental Registration Certificate. In such event, the owner of such property shall not qualify for a regular Vacation Rental Registration Certificate if the Vacation Rental Percentage Cap for that Neighborhood is, or would be, exceeded.
5.25.075 Specific Prohibitions.
(a) No person or entity shall offer or provide an Apartment, or any portion thereof, for rent for 28 consecutive days or less to any person.
(b) No person or entity shall maintain any advertisement of a Vacation Rental that is in violation of any provision of this Chapter.
(c) No person, including without limitation, an apartment owner, an apartment manager, or a representative of the apartment owner or manager, shall evict any tenant or otherwise terminate a lease for the purpose of converting an apartment to a vacation rental or in anticipation of converting an apartment to a vacation rental. In addition to any other remedy provided under the Palm Springs Municipal Code, failure to comply with this provision may be asserted as an affirmative defense in an action brought by or on behalf of the apartment owner, apartment manager, or representative to recover possession of the unit. Any attempt to recover possession of a unit in violation of this Ordinance shall render the apartment owner, apartment manager, or representative liable to the tenant for actual or punitive damages, including damages for emotional distress, in a civil action for wrongful eviction. The tenant may seek injunctive relief and money damages for wrongful eviction and the prevailing party in an action for wrongful eviction shall recover costs and reasonable attorneys’ fees. (d) The provisions of Subsection (a) of this Section shall not apply to or be enforced against any person or entity who rents an apartment or portion thereof pursuant to a valid vacation Registration Certificate issued prior to April 15, 2016 for the period of time between April 15, 2016 through January 1, 2019. The purpose of this deferral of the enforcement of the provisions of this Section is for persons or entities issued valid vacation registration certificates prior to April 15, 2016 to be afforded a reasonable opportunity to recoup costs reasonably invested for vacation rental use of apartments and which may not have been recouped during the period of vacation rental use of the apartment and which cannot be recouped once the vacation rental use is terminated.
(e) The provisions of Subsection (a) of this Section, Subsection 5.25.040(b) [limits on number of units], and Subsection 5.25.070(b) [limits on number of Contracts] shall also not apply to any building in which an apartment is located that meets all requirements of an R-1 occupancy under the City’s building and fire code and for which such apartment has a valid Vacation Rental Registration Certificate issued prior to April 15, 2016.
Ed. Note. Subsection (d) of Section 5.25.075 shall be deemed repealed and no longer in effect as of 12:01 am on January 1, 2019 and all persons and entities shall fully comply with the provisions of Subsection (a) of Section 5.25.075 of this Code. See § 4 of Ord. 1902 (2016).
Item 3A - Page 27
5.25.078 Homesharing Authorization.
(a) The Notwithstanding any provision of this Chapter to the contrary, homesharing shall be authorized in the City, provided that the Owner complies with each of the following requirements:
(1) Obtains and maintains at all times a Vacation Rental Registration Certificate for Homesharing;
(2) Operates the Homesharing Interest in compliance with all Vacation Registration Certificate for Homesharing conditions, which may be imposed by the Enforcement Official to effectuate the purpose of this Chapter;
(3) Collects and remits Transient Occupancy Tax to the City and complies with all City Transient Occupancy Tax requirements as set forth in this Code; (4) Takes responsibility for and actively prevents any nuisance activities that may take place as a result of homesharing activities;
(5) Complies with all applicable laws, including all health, safety, building, and fire protections laws;
(6) Complies with the regulations promulgated pursuant to this Chapter. (b) In the event the Owner of a Homeshare Interest does not live on-site, in the home, and is not able to respond within thirty (30) minutes to complaints regarding the condition, operation, or conduct of occupants of the Homesharing Interest, the property shall be deemed a Vacation Rental and Owner shall be required to fully comply with the provisions of this Chapter relating to Vacation Rentals, including without limitation, securing a Vacation Rental Registration Certificate.
5.25.080 Audit.
Each Owner and agent or representative of any Owner shall provide the Enforcement Official with access to each Vacation Rental and the books, records, documents, papers, tax returns, and bank accounts at any time during normal business hours as the Enforcement Official may determine are necessary or convenient for the purpose of inspection or audit to determine that the objectives and conditions of this Chapter are being fulfilled.
5.25.085 Disclosure of Business Entities, Limited Liability Companies, and Personal or Family Trusts.
On or before June 1, 2017, all Business Entities, limited liability companies, and personal or family trusts owning one or more Vacation Rentals shall disclose to the Enforcement Official the names, relevant contact information, and any such other information as may be requested by the Enforcement Official of each natural person holding the legal, equitable, and/or beneficial interest of each such Business Entity, limited liability company, or personal or family trust and the address of each Vacation Rental owned by each such Business Entity, limited Item 3A - Page 28
liability company, or personal or family trust. Each Business Entity that complies with the provisions of this Section prior to June 1, 2017, shall, prior to June 1, 2018 transfer each Vacation Rental to a natural person who can otherwise comply with the provisions of this Chapter or cease operating any Vacation Rental properties owned by the Business Entity as Vacation Rentals. Any Business Entity that fails to comply with the disclosure requirements provided in this Subsection, shall cease operating all Vacation Rental properties owned by the Business Entity as Vacation Rentals no later than June 1, 2017.
5.25.090 Violations.
(a) Any person who violates a provision of this Chapter is subject to criminal sanctions and administrative penalties pursuant to Chapters 1.01 and 1.06 of this Code and the specific penalties as provided in this Chapter. Any person who uses, or allows the use of, residential property in violation of the provisions in this Chapter is guilty of a misdemeanor for each day in which such residential property is used, or allowed to be used, in violation of this Chapter. An administrative citation issued pursuant to Chapter 1.06 for a first violation shall be five hundred dollars ($500.00) and each subsequent violation shall be one thousand ($1,000.00) dollars. Each administrative citation for a violation of any provision of this Chapter shall be levied or assessed against the Owner.
(b) Upon the third violation in any twelve month period, the City Manager shall suspend the Vacation Registration Certificate for two (2) years. Notwithstanding the preceding sentence, in the event any person who operates a Vacation Rental in violation of the City’s transient occupancy tax chapter (Chapter 3.24), including, without limitation, for any failure to pay such transient occupancy tax, shall result in a suspension for twelve (12) months. (c) Any person who operates a Vacation Rental without a Vacation Registration Certificate, shall be liable to the City for the payment of transient occupancy tax pursuant to the provisions of the Palm Springs Municipal Code Chapter 3.24, including without limitation penalties and interest, payment of an administrative fine in the amount of Five Thousand Dollars ($5,000.00), and permanent ineligibility to operate a Vacation Rental in the City. In the event the person continues to operate a Vacation Rental without a Vacation Registration Certificate, the person shall be liable for an administrative fine in the amount of Ten Thousand Dollars ($10,000.00) and any successive violations shall be subject to fines provided in an escalation formula established by the City Council by resolution.
(d) Any person who advertises a Vacation Rental without including the Vacation Registration Certificate in any advertising for such Vacation Rental, or operates a Vacation Rental without a contract, or without providing the City with a summary or abstract of such contract, or without timely tendering full monthly payments of transient occupancy tax, shall pay a fine in the amount of Two Thousand, Five Hundred Dollars ($2,500.00) and the Owner’s Vacation Registration Certificate shall be suspended for six (6) months for a first offense and shall pay a fine in the amount of Five Thousand Dollars ($5,000.00) and the Owner’s Vacation Registration Certificate shall be revoked for a second offense. Any subsequent violations will be subject to the provisions of Subsection (c) of this Section.
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(e) The failure of an Owner or the Owner’s agent or representative to comply with an order of any police officer shall result in the revocation of the Vacation Registration Certificate. (f) The appeal and hearing provisions of Chapter 2.50 shall apply to any revocation or suspension of a Registration Certificate.
(g) Any person who fails to pay any fee or charge provided in this Chapter within the time required, shall pay a penalty in the amounts established by the City Council by resolution.
Such penalty may also include interest from the date on which the fee or charge became due and payable to the City until the date of payment.
(h) The filing of knowingly false claims against a Vacation Rental or the guests staying in a Vacation Rental is prohibited and shall be punishable by administrative fines as provided in Chapter 1.06 of this Code.
(i) In addition to, and not in lieu of, any other remedy allowed by law, all remedies prescribed under this Chapter are cumulative and the election of one or more remedies does not bar the City from the pursuit of any other remedy, criminal, civil, or administrative which may be pursued by the City to enforce this Chapter and/or address any violation of this Code or to remedy any other public nuisance.
5.25.100 Requirements Not Exclusive.
The requirements of this Chapter shall be in addition to any license, permit, or fee required under any other provision of this Code. The issuance of any permit pursuant to this Chapter shall not relieve any person of the obligation to comply with all other provisions of this Code pertaining to the use and occupancy of Vacation Rental or the property on which it is located.
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CITY COUNCIL STAFF REPORT
11/10/2022
SUBJECT:
A REQUEST BY GLA DESIGN GROUP ON BEHALF SPS MANUF. LLC FOR AN
ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE MINIMUM
SEPARATION DISTANCE REQUIREMENT FOR A CANNABIS
DISPENSARY/LOUNGE AT 823 SOUTH WILLIAMS ROAD (CASE 7.1660 AMM) RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING AN ADMINISTRATIVE MINOR
MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT IN SECTION 93.23.15 FOR A CANNABIS FACILITY (CALI CALI DISPENSARY) PROPOSED AT 823 SOUTH WILLIAMS ROAD FROM AN EXISTING CANNABIS LOUNGE (CASE 7.1660 AMM).” or, as an alternative
1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY OF PALM
SPRINGS, CALIFORNIA, DENYING AN ADMINISTRATIVE MINOR
MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT IN SECTION 93.23.15 FOR A CANNABIS FACILITY (CALI CALI DISPENSARY) PROPOSED AT 823 SOUTH WILLIAMS ROAD FROM AN EXISTING CANNABIS LOUNGE (CASE 7.1660 AMM).”
2. Attachments
Item 3B
CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 10, 2022 BUSINESS & LEGISLATIVE
SUBJECT: A REQUEST BY GLA DESIGN GROUP ON BEHALF SPS MANUF . LLC
FOR AN ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM
THE MINIMUM SEPARATION DISTANCE REQUIREMENT FOR A
CANNABIS DISPENSARY/LOUNGE AT 823 SOUTH WILLIAMS ROAD
(CASE 7.1660 AMM)
FROM: Teresa Gallavan, Interim City Manager
BY: Planning Services Department
SUMMARY:
This is a request of the City Council to grant an Administrative Minor Modification (AMM) for relief from the separation distance requirement for a cannabis dispensary/lounge in accordance with Section 92.23.15(F)(3)(A) of the Palm Springs Zoning Code (PSZC).
There are two operational cannabis dispensaries within 500 feet of the subject site, necessitating the waiver application.
RECOMMENDATION:
1) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING AN ADMINISTRATIVE MINOR MODIFICATION FOR
RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT IN SECTION 93.23.15 FOR A CANNABIS FACILITY ( CALI CALI DISPENSARY) PROPOSED AT 823 SOUTH WILLIAMS ROAD FROM AN EXISTING CANNABIS LOUNGE (CASE 7.1660 AMM).” or, as an alternative
2) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DENYING AN ADMINISTRATIVE MINOR MODIFICATION FOR
RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT IN SECTION 93.23.15 FOR A CANNABIS FACILITY ( CALI CALI DISPENSARY) PROPOSED AT 823 SOUTH WILLIAMS ROAD FROM AN EXISTING CANNABIS LOUNGE (CASE 7.1660 AMM).”
Item 3B - Page 1
City Council Staff Report
November 10, 2022 -- Page 2
7.1660 AM 823 S. Williams Road
BUSINESS PRINCIPAL DISCLOSURE:
The applicant has submitted a Public Integrity Disclosure Form which is included as an attachment to this report.
BACKGROUND:
Related Relevant City Actions
2019-066 A Conditional Regulatory Permit has been issued. A regulatory license will not be issued unless a distance waiver is granted.
Most Recent Change of Ownership
2021 810 Esther Holdings LLC
Neighborhood Notice
10/27/2022
Notice of public meeting mailed to addresses within 500 feet of the site, notifying that the subject application would be considered by the City Council at its meeting on November 10, 2022. The public meeting notice was also emailed to Neighborhood Organizations within one mile of the project site.
Field Check
10/03/2022 Staff visited site to observe existing conditions
Site Area
Net Acres 1.10 Acres
Surrounding
Property
Existing Land Use
Per Chapter 92
Existing General Plan
Designation
Existing Zoning
Designation
Subject Property Commercial Industrial M1-Service
Manufacturing
North Storage Facility Industrial M1-Service
Manufacturing
South Waste
Management Industrial M1-Service
Manufacturing
East Industrial Industrial M1-Service
Manufacturing
West
Multi-Suite
Commercial
Industrial M1-Service
Manufacturing
Item 3B - Page 2
I
I
I
City Council Staff Report
November 10, 2022 -- Page 3
7.1660 AM 823 S. Williams Road
STAFF ANALYSIS:
The City has established separation and concentration standards for cannabis facilities within PSZC Section 93.23.15 (Special Standards for Cannabis Uses). These include separating all cannabis facilities a minimum of 600 feet from protected uses (i.e., schools, public parks, youth centers, etc.) and separating all cannabis lounges and dispensaries a minimum of 500 feet from other cannabis dispensaries or lounges. Section 93.23.15 also establishes a process to waive such separation requirements through the City Council review of an AMM application.
The applicant has submitted the AMM application to establish a cannabis dispensary/ lounge at 823 South Williams Road and a request for a waiver of the distance separation requirements from two existing cannabis dispensaries, High Rollers Cannabis Company and Off the Charts Dispensary/Lounge. High Rollers Cannabis Company received a regulatory Permit in 2018 (#C-2018-057) and is located 340 feet from the proposed facility. Off the Charts received a regulatory permit in 2019 (C-2019-075) and is located 285 feet from the proposed facility . There are no other cannabis dispensaries/lounges within 500 feet of the proposed facility.
Item 3B - Page 3HIGH ROLLERS OFF THE CHARTS
DISPE SARY DISPE -SARY
C 2018-057 C 2019-075
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City Council Staff Report
November 10, 2022 -- Page 4
7.1660 AM 823 S. Williams Road
Cannabis Facilities Within 500 Feet
Permitted Facilities:
Name Address Zone Use Distance
High Rollers
Cannabis
Company
740 S. Vella Road M1 Cannabis
Dispensary 340’
Off The Charts 757 S. Williams
Road M1
Cannabis
Dispensary/
Lounge
258’
Protected Uses Within 600 Feet
Permitted Facilities:
Name Address Zone Use Distance
N/A N/A N/A N/A N/A
Project Description:
The project consists of an existing 9,200-square foot, single-story building located at 823 South Williams Road within the M1 – Service Manufacturing Zone. The Cali Cali Dispensary will be an adult -use cannabis dispensary and lounge, selling cannabis and related products onsite. The dispensary area is approximately 2,217 -square feet in size and will be featuring cannabis flower, select edibles, vape cartridges and other similar products. The lounge will occupy 2,306- square footage and will allow up to twenty -four (24) patrons to consume cannabis vaping products. The remaining square footage will be utilized for restrooms, office space, and back -of-house functions. Operational hours are proposed from 10:00 AM to 12:00 AM, daily.
The conceptual plan shows the proposed interior remodel of an existing storage facility to a cannabis dispensary and lounge. The project will require a total of 18 off-street parking spaces, which includes one (1) ADA space. The applicant is proposing thirty-one (31) parking spaces for the cannabis dispensary and lounge. Additionally, one accessible space will be added to the final tenant improvement plan.
Parking Requirement
Use SF or # of
Seats
Parking
Ratio
Required Provided
Conf. Reg. Handi-
cap Reg. Handi-
cap
Dispensary 2,717 SF 1/300
SF
9 15
Lounge 2,306
(27 Seats)
1/3
Seats
9 16
TOTAL SPACES REQUIRED 18 31 Y
Regular and Handicap Spaces Req. 19 1 33 2 N
Item 3B - Page 4
City Council Staff Report
November 10, 2022 -- Page 5
7.1660 AM 823 S. Williams Road
Findings:
Section 92.23.15(C) of the Palm Springs Zoning Code authorizes the City Council to waive distance requirements through issuance of a Minor Modification. Pursuant to Palm Springs Zoning Code Section 94.06.01(B)(3), the following findings must be met to justify approval of a Minor Modification application. Staff has analyzed the required findings as follows:
1. The requested minor modification is consistent with the general plan, applicable specific plan(s) and overall objectives of the zoning ordinance.
The General Plan designation of the subject property is IND ( Industrial). The proposed use is consistent with specific uses intended in the Industrial areas which typically include industrial uses as well as community -serving retail commercial and service businesses, including retail cannabis facilities. The site is zoned M1 – Service Manufacturing which permits the proposed use pursuant to Section
92.17.01 (A)(5).
2. The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the minor modification.
The proposed cannabis dispensary will have operating hours that are consistent with other businesses in the surrounding area. T he immediate area consist s primarily of light industrial, office and other cannabis dispensaries. The proposed cannabis facility has the possibility to adversely affect existing cannabis facilities due to over saturation of cannabis uses in the immediate area.
3. The approval or conditional approval of the minor modification will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or in the vicinity.
As part of the cannabis regulatory permit process, the applicant would be required to submit an odor control plan for review by the Department of Special Program Compliance. Adherence to the City’s odor control regulations and other operating procedures as contained in PSMC Chapter 5.55 should reduce immediate impacts to adjacent uses and therefore should not be detrimental to the health, safety or general welfare of persons working in the surrounding area.
4. The approval of the minor modification is justified by environmental features, site conditions, location of existing improvements, or historic development patterns of the property or neighborhood.
The lot is not substandard in size, and does not have any environmental features that would justify a minor modification application.
Item 3B - Page 5
City Council Staff Report
November 10, 2022 -- Page 6
7.1660 AM 823 S. Williams Road
Pursuant to Resolution No. 24799, the City Council may also consider the following optional criteria in reviewing the distance waiver request:
5. The proposed use will be located in an existing building that is blighted.
The proposed use will be located in a pre- existing self-storage facility business.
The current owner purchased the commercial building in 2021. Present condition of the building is not a blighted condition.
6. The proposed use will be located in an existing commercial tenant space that has an extended period of time or has a demonstrated history of being difficult to lease for commercial uses.
The proposed facility will be located within an existing building that has not been occupied since 2016, per Business License records.
7. Approval of the proposed use will not result in the same type of cannabis use along the same block frontage where the use is proposed to be located.
One dispensary/lounge is located on the same block frontage: Off the Charts at 757 South Williams Road is one parcel north. High Rollers Cannabis Company is located on the same block but is behind the subject property at 740 South Vella Road. Since there are two existing cannabis dispensaries within 500 feet of the proposed project site, a pproval of the proposed use could result in an oversaturation of the same type of cannabis uses.
8. The proposed facility will be harmonious with adjacent businesses, including compatibility of use, operations, and business hours.
The existing commercial building will be repurposed to accommodate the dispensary and lounge through remodeling. The neighborhood being primarily industrial in nature will not be negatively affected with a retail -oriented business.
The hours of operation will be compatible with surrounding commercial uses.
9. The applicant has been qualified as a participant in the City’s Cannabis Social Equity Program.
The applicant is not a qualified participant in the City’s Cannabis Social Equity Program.
ENVIRONMENTAL ASSESSMENT
:
The proposed development is considered a “project” pursuant to the terms of the California Environmental Quality Act (“CEQA”) and has been determined to be categorically exempt pursuant to Section 15332 of the CEQA Guidelines (Infill Item 3B - Page 6
City Council Staff Report
November 10, 2022 -- Page 7
7.1660 AM 823 S. Williams Road
Development Projects.). If City Council chooses to deny the AMM request, then C EQA does not apply pursuant to Section 15270.
CONCLUSION:
The applicant’s request for Administrative Minor Modification (AMM) approval to seek relief from the five hundred (500)-foot-minimum separation distance requirements for the proposed cannabis dispensary/lounge could result in an over concentration of cannabis uses. The City Council can either make the determination to approve or deny the Administrative Minor Modification (Case No. 7.1660 AMM) for the distance waiver.
REVIEWED BY:
Department Director: Christopher Hadwin
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. Vicinity Map
B. Draft Resolution (Approval and Denial)
C. Justification Letter
D. Public Integrity Disclosure Form
E. Project Plans
Item 3B - Page 7
ATTACHMENT A
Item 3B - Page 8
Department of Planning Services
Vicinity Map
CITY OF PALM SPRINGS
Case 7.1660 Distance Waiver
823 South Williams Road
SPS Manuf. LLC
OFF THE CHARTS
DISPENSARY
C 2019-075
HIGH ROLLERS
DISPENSARY
C 2018-057
Item 3B - Page 9
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ATTACHMENT B
Item 3B - Page 10
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING AN
ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF
FROM THE MINIMUM SEPARATION DISTANCE
REQUIREMENT IN SECTION 93.23.15 FOR A CANNABIS
DISPENSARY (CALI CALI ) PROPOSED AT 823 SOUTH
WILLIAMS ROAD (CASE NO. 7.1660 AMM).
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. SPS Manuf., LLC has filed an Administrative Minor Modification (AMM) request pursuant to Section 93.23.15(C)(1) of the Palm Springs Zoning Code, seeking relief from the minimum separation distance requirements of five-hundred (500) feet for the subject site located at 823 South Williams Road, APN 680-160-016 Case 7.1660 AMM).
B. Palm Springs Zoning Code (PSZC) Section 93.23.15(C) provides specific guidelines regarding separation between two uses as measured in a straight line, without regard to intervening structures, from the nearest property line of the property on which the cannabis facility is located to other cannabis dispensary/lounges within five- hundred (500) feet.
C. PSZC Section 93.23.15(C) allows the City Council to exercise discretion in applying the PSZC relative to separation distances on a case- by-case basis with modifications considered and granted by the Council if proper findings can be made for an Administrative Minor Modification (AMM).
D. Section 94.06.01(B)(2) of the PSZC provides specific findings that must be met before the City Council can grant an Administrative Minor Modification. The findings are as follows:
1. The requested minor modification is consistent with the general plan, applicable specific plan(s) and overall objectives of the zoning ordinance.
The General Plan designation of the subject property is IND (Industrial). The proposed use is consistent with specific uses intended in mixed- use areas which typically include research and development parks, light manufacturing, laboratories, and industrial services. Retail commercial uses and offices shall be allowed as ancillary uses to the industrial use. The proposed use is also consistent with the zoning code, in that the site is zoned Service Manufacturing (M-1), which permits the proposed dispensary/lounge use pursuant to Section 92.17.01.
However, Section 93.23.15(C)(1) requires a 500-foot distance separation between cannabis dispensary/lounge facilities, with the intent of discouraging a saturation of cannabis facilities and providing a balance of uses in commercial districts.
2. The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the minor modification.
Item 3B - Page 11
Resolution No.