Palm Springs City Council
January 26, 2023

(b) Severe impact of no gates on internal traffic . Since the internal street is essentially no more than a 150- foot private driveway with hammer-head turn- around and no secondary exit, any errant traffic from the adjacent community will create driveway congestion. (c) No negative impact on outside traffic . The internal street is, essentially, a 150- foot private driveway. Gating will not cut off any potential thru traffic, nor will it cause any additional on- street parking affecting the neighborhood outside of the gates.

D. The proposed Project is considered a “project” pursuant to the terms of the California Environmental Quality Act (“CEQA”), and has been determined to b e Categorically Exempt as a Class 32 exemption (In-Fill Development Project) pursuant to Section 15332 of the CEQA Guidelines. The followin g analysis supports this determination:

(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.

The General Plan Land Use map designates the site as Mixed Use/Multi- Use (MU) on its westerly half and High Density Residential (HDR) on its easterly half. The Land Use Element permits multi-family residential development in these designations with a density of up to 15 units per acre in the MU designation and 15 to 30 units per acre in the HDR designation. Thus, the 0.95-acre site permits a density range of 9-23 units and the proposed project is 12 multi -family residential condominiums. The project complies with the development standards as analyzed in this report.

(b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.

The project occurs within the City of Palm Springs limit s on a 0. 95-acre site. The property is immediately surrounded by an office building and residential development.

(c) The project site has no value as habitat for endangered, rare or threatened species.

The site is located within the Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP), but not located within a defined conservation area.

Therefore, the site has no value as habitat for endangered, rare or threatened species, and the project will be subject to the Local Development Mitigation Fee.

(d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.

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There will be nominal increases to vehicles miles travelled (VMT) and traffic as a result of the project. As a 1 2-unit residential condominium development, the project generates less than 110 daily vehicle trips and will not result in any significant impacts on VM T, according to the City’s Traffic Impact Analysis Guidelines. The traffic increases will not imp act levels of service to the surrounding roadway network, nor generate significant effects to air quality as a result.

Like all development projects, the project will comply with the City’s limitation on construction hours, which will minimize hours of sh ort-term noise impacts. The long- term operational noise must also comply with the City’s noise ordinance. As a result of these measures, the project will not result in any significant noise effects.

The development is required to connect to the sanitary sewer system, resulting in the diversion of all waste water to the City’s central treatment facility.

The project is also conditioned to submit a Water Quality Management Plan to address the implementation of operational Best Management Practices (BMP’s) necessary to accommodate nuisance water and storm water runoff. These standard requirements will ensure no significant effects to water quality.

(e) The site can be adequately served by all required utilities and public services.

The site is located in an area that is serviced by all required utilities, including electricity, gas, water and sanitary sewer. Similar to other adjacent developments, the project site will also be adequately provided with the necessary public services, such as police, fire and trash pickup

E. Pursuant to Section 94.0 2.00(B)(6) of the Palm Springs Zoning Code, the Planning Commission make s the following findings relative to the Condi tional Use Permit application, Case 5.1554 CUP:

a. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code.

The site is designated Mixed Use/Multi -Use (wester ly half) and High Density Residential (easterly half) by the General Plan Land Use Map. The Land Use Element permits multi-family residential development at a density of up to 15 units per acre in the Mixed Use/Multi-Use designation and 15 to 30 units per acre in the Hight Density Residential designation. Thus, the 0.95- acre site permits a density range of 9- 23 units and the proposed project is 12 multi -family units.

Consequently, the proposal complies with the General Plan.

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b. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located.

The multi -family residential use will provide a continuation of the residential character that exists to the north and west of the subject property and provide additional multi -family housing on the infill site, which is desirable along the commercial corridor and necessary for the development of the community.

The General Plan Land Use map designates the site as Mixed Use/Multi - Use (MU) on its westerly half and High Density Residential (HDR) on its easterly half. The Land Use Element permits multi-family residential development in these designations with a density of up to 15 units per acre in the MU designation and 15 to 30 units per acre in the HDR designation. Thus, the 0.95-acre site permits a density range of 9-23 units and the proposed project i s 12 multi-family residential condominiums. Consequently, the proposal complies with the General Plan.

The proposed development will involve uses that are consistent with adjacent and nearby properties, comply with the C -1 and R- 2 development standards, and provide a buffer between the commercial corridor and single- family neighborhood to the west. Therefore, the use is not anticipated to be detrimental to existing uses or future uses permitted in the existing C -1 and R -2 zones.

c. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood.

The project consists of a 0.95- acre site developed and razed, leaving remnants of building pads on portions of the site. The development will be twelve (12) residential units within one- to three-story structures that are built in accordance with the development standards of the C -1 and R -2 zones, complying with setbacks, height limits, open space and other standards necessary for improving the site. There will be 31 off -street parking spaces and several on- street parking spaces available on adjacent streets. Therefore, the project will be built to adjust such use to those existing and permitted uses of land in the neighborhood.

d. That the site for the proposed use relates to the streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use.

The property is a through- lot with frontages on North Palm Canyon and Camino Norte. North Palm Canyon Drive is improved with four vehicle lanes, Item 2A - Page 18
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curb/gutters and sidewalks. Camino Norte is currently two lanes and will be improved with curb/gutter and sidewalk. A 12- unit residential development on a site planned for up to 23 units in the General Plan, will generate minimal traffic impacts to streets in the area and the existing roadways in the surrounding are anticipated to handle the traffic generated. Therefore, the site for the proposed use will be adequately served by existing streets.

e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone’s property development standards.

Conditions of approval are proposed and attached to this staff report as Exhibit “A”. These conditions require connection to public utilities and sanitary sewer; compliance with local and state laws, including the City’s Noise Ordinance; and regular maintenance and repair to the property to maintain a quality appearance. These will ensure the protection of public health, safety and general welfare.

F. Pursuant to Section 94.04 .01(D) of the Palm Springs Zoning Code, the Planning Commission makes the following findings relative to the Major Development Permit application, Case 3.4289 MAJ:

1. The proposed project is consistent with the General Plan and any applicable specific plan;

The General Plan designates the easterly half of the site as HDR (High Density Residential, allowing 15.1 to 30 units/acre) and the westerly half of the site as MU (Mixed Use, allowing up to 15 units/acre). These designations both permit multi-family residential development with a density range of 9- 23 units on a 0.95- acre site. The proposed project involves a twelve (12) unit multi -family residential condominium development, consistent with the General Plan.

2. The proposed us es are in conformance to the use permitted in the zone district where the site is located, and are not detrimental to adjacent properties or residents;

The subject property is split -zoned with C -1 on the easterly half and R -2 on the westerly half. Multipl e-family residential uses are permitted with the approval of a Conditional Use Permit within the C -1 zone per Zoning Code Section 92.12.01(D)(18) and as by right uses within the R -2 zone per Zoning Code Section 92.03.01(A)(2). The proposed residential use will be consistent with other uses permitted on the adjacent property to the north and other similar properties to the northwest. Therefore, the proposed use is in conformance with Item 2A - Page 19
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zoning code’s permissible uses and will be consistent, not detrimental, wit h adjacent properties in the site’s surrounding.

3. The proposed project is in conformance to the property development standards for the zone district where the site is located;

The project complies with development standards outlined in the C -1 zone, Section 92.12.03, and the R -2 zone, Section 92.03.03, as applicable to the property. The buildings are setback five (5) feet from Palm Canyon Drive and are a maximum of thirty (30) feet high within the C -1 zoned area of the site. The buildings on the westerly portion of site are setback ten (10) feet from the south property line and twenty -five (25) feet from Camino Norte with heights of twenty - four (24) feet in accordance with the R-2 zone standards.

4. The proposed height and massing of the project is consistent with applicable standards and compatible with adjacent development;

The project massing varies with one- to three -story structures that are generally consistent with the adjacent building heights and massing along Palm Canyon Drive. The existing office building to the south of the site has a flat roof and is roughly twenty -six (26) feet in height. The proposed affordable housing project will involve a series of low slung angled roofs ranging from twenty -two (22) feet to thirty-four (34) feet in height. The proposed project includes one- story buildings at fifteen (15) feet in height along the street edge and three- story buildings behind at (30) feet in height, creating stepped massing along the primary frontage. The rear buildings are proposed at two-stor ies and (24) feet in height.

5. The proposed setbacks and placement of the building are consistent with applicable standards and consistent with setbacks of adjacent buildings;

The C-1 zone requires a setback of five (5) feet along Palm Canyon Drive and the buildings along this street are proposed with a setback of five (5) feet and include raised planters, which is consistent with the setback and design of the existing property to the south and proposed development to the north of the project site. The rear (westerly) buildings are proposed with a setback of twenty - five (25) feet along Camino Norte, consistent with the planned residential development to the north.

6. The site for the proposed project has adequate access to streets and highways property designed and improved to carry the type and quantity of traffic to be generated by the proposed uses, and the design for the site plan enhances or continues the city’s existing grid in accordance with the Circulation Plan of the General Plan;

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The property is a t hrough-lot with frontages on North Palm Canyon and Camino Norte. Designated as a Major Thoroughfare by the Circulation Plan, North Palm Canyon Drive is improved with four vehicle lanes, curb/gutter and sidewalk, consistent the grid network in the Circulation Plan. Camino Norte is designated as a Local Street by the Circulation Plan and currently has two vehicle lanes and will be improved with curb/gutter and sidewalk. A 12- unit residential development on a site planned for up to 23 units in the General Pl an, will generate less traffic impacts to streets in the area than those anticipated and the existing roadways in the surrounding are anticipated to handle the traffic generated. Therefore, the site for the proposed use has adequate access to streets that are properly designed and the site plan will utilize the existing grid in accordance with the Circulation Plan.

7. On-site circulation conforms to minimum standards, and accommodations are made for safe on-site pedestrian circulation; The site will have veh icular access from Camino Norte via a twenty -four (24) foot wide driveway, consistent with standards in Section 93.06.00 of the Zoning Code. Pedestrian access is provided via pathways from Palm Canyon Drive to the center of the site and to each individual unit with frontage along this street. Thus, the project circulation complies with minimum standards and there will be safe on-site pedestrian circulation.

8. Landscape areas and open space are in conformance to applicable standards, and the design of stormwater management features are appropriately integrated with other elements of the site design;

There will be private open spaces for each unit and landscape buffers around the site. There are no open space requirements for the C -1 zoned area and the project complies with the 50% minimum open space standard in the R -2 zoned portion of the site. The project is conditioned to prepare a water quality management plan and implement best management practice measures in accordance with applicable National Pollution Discharge Elimination System.

9. Public infrastructure, such as water, sewer, and similar utilities, is adequate to serve the proposed project;

The project site has access to water, sewer, electricity and other utility purveyors. Desert Water Agency provides water to the site. Sanitary s ewer is available in the adjacent right -of-way. The project is required to connect to said infrastructure, as identified in the attached conditions.

10. Based on environmental review, the proposed project either has no potentially significant environmental im pacts, any potentially significant impacts have been reduced to less than significant levels because of mitigation measures incorporated in the project, or a Statement of Overriding Considerations has been adopted to address unmitigated significant environmental impacts; Item 2A - Page 21
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The proposed project is categorically exempt from further CEQA review under Section 15332 of Title 14, Chapter 3 of the California Code of Regulations (Class 32, In-Fill Development Projects), which involves no potentially significant environmental impact.

The project is consistent with the General Plan, is less than five (5) acres in size, has no known value as habitat for endangered, rare, or threatened species, and would not result in any significant effects relating to traffic, noise, air or water quality.

11. The proposed project has no unacceptable adverse effects on public welfare, health or safety.

The proposed residential development will not contain any noxious or intensive uses. There will be no activities conducted at the site w hich would cause public nuisance such as noise or odor. Additionally, the residents will be required to abide by rules and regulations in the zoning and municipal codes.

The development is located in an area surrounded by similar residential uses, as well as commercial uses. There are no known unacceptable adverse effects on public welfare, health or safety.

G. Pursuant to California Government Code Section 66474, the Planning Commission makes the following findings relative to the Tentative Tract Map, Case TTM 38416:

1. The proposed Tentative Tract Map or Tentative Parcel Map is consistent with all applicable general and specific plans.

The project involves a one- lot subdivision to allow for -sale residential condominiums on a 0.95-acre parcel. There will be a total of 12- units within the development, which is a permissible density under General Plan designations of the site (Mixed Use/Multi -Use on its westerly half and High Density Residential on its easterly half). Therefore, the uses and proposed densit y are consistent with the General Plan.

2. The design and improvements of the proposed Tentative Tract Map or Tentative Parcel Map is consistent with the zone in which the property is located.

The layout of the proposed development complies with development standards in the C -1 and R -2 zones, as applicable to each area of the site.

Appropriate vehicle and pedestrian access is provided for the 12- unit residential project. Sidewalk and curb/gutter improvements will be completed along Camino Norte.

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3. The site is physically suited for this type of development.

The site slopes from the northwest corner to the southeast corner of the property. Site elevations range from 556 feet to 550 feet above mean sea level, a variation of six (6) feet over an east -west span of about 300 feet. This equates to an average slope of 2%. There are no significant geological features on the property. Grading will be required to adjust site typography, as typically required for new developments. Thus, the site is physically suited for this type of development and is proposed with adequate access to the network of public streets.

4. The site is physically suited for the proposed density of development.

The project proposes an overall site density of 12 dwelling units per acre, which is consistent with the permissible density of the General Plan land use designations applicable for this site. The 0.95- acre site abuts improved public streets with existing utilities and with rights of way that are projected in the City’s 2007 General Plan to operate at normal LOS. Consequently, the site is physically suited for the proposed density of development.

5. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats.

The property is an infill site located with an urban area of the city. There are no known habitats for fish or other wildlife on the property or in the immediate areas. Consequently, the design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife or their habitats.

6. The design of the subdivision or type of improvements is not likely to cause serious public health problems.

As required by the project conditions, the design of the proposed subdivision includes connections to all public utilities including water and sanitary sewer systems. No serious public health problems are anticipated.

7. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision.

There are no easement conflicts known with the design of the proposed subdivision. Therefore, the design of the subdivision will not conflict with easements for access through or use of the property.

H. On January 26, 2023, the City Council of the City of Palm Springs, California, held a public hearing that was noticed in accordance with applicable law, to consider the Item 2A - Page 23
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appeal. At said hearing, the City Council considered the staff report and all written and oral testimony given in association with the hearing.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES 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 and through this Resolution.

SECTION 2. Th at the Planning Commission made an accurate evaluation and determination that findings necessary for restricted access to the P roject cannot be made under Section 93.05.00 of the Palm Springs Zoning Code.

SECTION 3. The City Council rejects the appeal and approves the Project application (Case Nos. 3.4289 MAJ/DP, 5.1554 CUP & TT M 38416) with conditions as outlined in attached Exhibit “A ,” which includes the exclusion of restricted access gates for the project.

ADOPTED THIS 26TH DAY OF JANUARY, 2023
.

T eresa Gallavan
Interim City Manager

ATTEST:

Brenda Pree, MMC
City Clerk

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, BRENDA PREE , City Clerk of the City of Palm Springs, h ereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Brenda Pree, MMC
City Clerk

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EXHIBIT A

Case Nos. 5.1554 CUP, 3.4289 MAJ/DP & TTM 38416
12 @ Las Palmas
January 26, 2023

CONDITIONS OF APPROVAL

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

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

ADMINISTRATIVE CONDITIONS

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

5.1554 CUP, 3.4289 MAJ/DP & TTM 38416; excep t as modified with the conditions below.

ADM 2. Reference Documents . The site shall be developed and maintained in accordance with the approved plans, date stamped July 11, 2022 (Architectural and Civil) and May 2, 2022 (Tentative Map) , including site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division except as modified by the conditions below.

ADM 3. Conform to all Codes and Regulations . The project shall conform to the conditions contained herein, all applica ble regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply.

ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code.

ADM 5. Tentative Map. This approval is for Tentative Tract Map 38416. This approval is subject to all applicable regulations of the Subdivision Map Act, the Palm Springs Municipal Code, and any other applicable City Codes, ordinances and resolutions.

ADM 6. Indemnification. The owner/applicant shall defend, indemnify, and hold harmless the City of Palm Springs, its elected officials, agents, officers, and employees (“Indemnitees”) from any claim, action, or proceeding against the Item 2A - Page 26
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City of Palm Springs or any Indemnitee(s), arising, in any way, out of the activities authorized by Case Nos. 5.1554 CUP, 3.4289 MAJ/DP & TTM 38416. The City will promptly notify the applicant of any such claim, action, or proceeding and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the Indemnitees. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein.

ADM 7. Maintenance and Repair
. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including and without limitation all str uctures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, walls, and fences that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner’s sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City.

ADM 8. Time Limit on Approval . A pproval of the Major Development Permit (MAJ/DP) and Conditional Use Permit (CUP) shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause.

ADM 9. Right to Appeal . Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded.

ADM 10. Time Extensions. Extensions of time for the Tentative Tract Map may be approved pursuant to Municipal Code S ection 9.63.110. Extensions of time for the Major Development Permit (MAJ/DP) and Conditional Use Permit (CUP) may be granted by the Planning Commission pursuant to Zoning Code Section 94.12.00. Such extensions shall be required in writing and submitted to Planning Services prior to the expiration of the approval.

ADM 11. Park Development Fees . The developer shall dedicate land or pay a fee in lieu of a dedication, at the o ption of the City. The in- lieu fee shall be computed pursuant to Ordinance No. 1632, Section IV, by multiplying the area of park to be dedicated by the fair market value of the land being developed plus the cost to acquire and improve the property plus the fair Item 2A - Page 27
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share contribution, less any credit given by the City, as may be reasonably determined by the City based upon the formula contained in Ordinance No. 1632. In accordance with the Ordinance, the following areas or features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, development edges, slopes in hillside areas (unless the area includes a public trail) landscaped development entries, meandering streams, land held as open space for wildlife habitat, flood retention facilities and circulation improvements such as bicycle, hiking and equestrian tr ails (unless such systems are directly linked to the City’s community -wide system and shown on the City’s master plan).

ADM 12. Public Art Fees
. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in- lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single -family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing.

ADM 13. Comply with City Noise Ordinance . This use shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code.

Violations may result in revocation of this Conditional Use Permit.

ADM 14. CC&R’s. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions (“CC&R’s”) to the Director of Planning for approval in a format to be approved by the City Attorney. These CC&R’s may be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances.

ADM 15. CC&R’s. Prior to recordation of a final Tract Map or issuance of building permits, the applicant shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning for approval in a format to be approved by the City Attorney. The draft CC&R package shall include:
a. The document to convey title
b. Deed restrictions, easements, of Covenant Conditions and Restrictions to be recorded.
c. Provisions for joint access to the proposed parcels, and any open space restrictions.

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d. A provision, which provides that the CC&R’s may not be terminated or substantially amended without the consent of the City and the developer’s successor-in-interest.

Approved CC&R’s a re to be recorded following approval of the final map.

The CC&R's may be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances,
ADM 16. CC&R’s Deposits & Fees
. The applicant shall submit to the City of Palm
Springs, a deposit in the amount of specified in the current fee schedule, for the review of the CC&R's by the City Attorney. A filing fee as outlined in the fee schedule shall also be paid to the City Planning Department for administrative review purposes.

ENVIRONMENTAL ASSESSMENT CONDITIONS

ENV 1.

Coachella Valley Multiple -Species Habitat Conservation Plan (CVMSHCP) Local Development Mitigation Fee (LDMF) required . All projects within the City of Palm Springs, not within the Agua Caliente Band of Cahuilla Indians reservation are subject to payment of the CVMSHCP LDMF prior to the issuance of certificate of occupancy.

ENV 2. Notice of Exemption. The project is exempt from the California Environmental Quality Act (CEQA); therefore, an administrative fee of $64 shall be submitted by the applicant in the form of a money order or a cashier’s check payable to the Riverside County Clerk within two business days of the Commission’s final action on the project . This fee shall be submitted by the City to the County Clerk with the Notice of Exemption. Action on this application shall not be considered final until such fee is paid (projects that are Categorically Exempt from CEQA).

PLANNING DEPARTMENT CONDITIONS

PLN 1. Outdoor Lighting Conformance . Exterior lighting plans, including a photometric site plan showing the project’s conformance with Section

93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance, shall be submitted for approval by the Department of Planning prior to issuance of a building permit. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be included. If lights are proposed to be mounted on buildings, down- lights shal l be utilized. No lighting of hillsides is permitted.

PLN 2. Water Efficient Landscaping Conformance . The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs Item 2A - Page 29
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Municipal Code and all other water efficient landscape ordinances. The applicant shall submit a landscape and irrigation plan to the Director of Planning for review and approval prior to the issuance of a building permit.

Landscape plans shall be wet stamped and approved by the Riverside County Agricultural Commissioner's Of fice prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the local water agency that they are in conformance with the water agency’s and the State’s Water Efficient Landscape Ordinances.

PLN 3. Flat Roo f Requirements
. Roof materials on flat roofs (less than 2:12) must
conform to California Title 24 thermal standards for “Cool Roofs”. Such roofs must have a minimum initial thermal emittance of 0.75 or a minimum SRI of 64 and a three- year aged solar reflectance of 0.55 or greater. Only matte (non-specular) roofing is allowed in colors such as beige or tan.

PLN 4. Maintenance of Awnings & Projections . All awnings shall be maintained and periodically cleaned.

PLN 5. Screen Roof -mounted Equipment . All roof mounted mechanical equip ment shall be screened per the requirements of Section 93.03.00 of the Zoning Ordinance.

PLN 6. Surface Mounted Downspouts Prohibited . No exterior downspouts shall be permitted on any facade on the proposed building(s) that are visible from adjacent streets or residential and commercial areas.

PLN 7. Pool Enclosure Approval Required . Details of fencing or walls around pools (material and color) and pool equipment areas shall be submitted for approval by the Planning Department prior to issuance of Building Permits.

PLN 8. Exterior Alarms & Audio Systems
. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.

PLN 9. Outside Storage Prohibited
. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.

PLN 10. No off-site Parking
. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved.

PLN 11. Pad Elevations
. Final building pad elevations shall not vary more than 12 inches above or below the pad elevation established by the approved preliminary grading plan and / or tentative map. Any deviations from this provision shall require approval by the Planning Commission.

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PLN 12. ARC Review. Prior to issuance of building permits, the Applicant shall submit plans for A rchitectural Review Committee (ARC) review as required by Section 94.04.00 of the Zoning Code and include any changes imposed by the Planning Commission. On December 14, 2022, the Planning Commission directed that the following be reviewed by the ARC:
a. Applicant to provide clear detail of block design on single-story units facing Palm Canyon and ARC to verify consistency with the renderings. b. Landscape plan and tree selection for planters along Palm Canyon, noting concern of limited vertical space with proposed building.

PLN 13. Entry Gate
. The entry gate shall be removed the plans and the development shall remain ungated.

PLN 14. Onsite Improvements on Westerly Frontage . The proposed wall on the westerly edge of the site shall be setback five feet and desert landscape shall be installed between said wall and the sidewalk.

PLN 15. EV Charging Station. Pursuant to Section 93.06.00 of the PSZC (Off -Street Parking) establishes the number of EV charging stations for new or renovated commercial development, and for new multi-family residential development.

PLN 16. 12/14/22 Planning Commission Meeting
. In accordance with the Planning
Commission’s decision on December 14, 2022, t he applicant shall complete the following:
a. Stop Sign at Project Exit . Install a stop sign at the vehicular egress to the satisfaction of the City Engineer.
b. Household Waste Generated by Accessory Dwelling Units . The CC&Rs prepared for this subdivision shall require that condominium owners with detached accessory dwelling units be responsible for receiving and proper disposal of any household waste generated from any occupant(s) or tenant(s) of their corresponding detached accessory dwelling unit. The CC&RS shall also require that, in the event of the condominium owner leases the primary condominium unit, the lessee of the primary unit shall be responsible for receiving and proper disposal of any household waste generated from any occupant(s) or sub- tenant(s) of the corresponding detached accessory dwelling unit, if permitted. Household waste includes trash, green waste, recycling and organic refuse

POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 “Building Security Codes” of the Palm Springs Municipal Code.

Item 2A - Page 31
City Council Resolution No. _____

BUILDING DEPARTMENT CONDITIONS

BLD 1. Prior to any construction on-site, all appropriate permits must be secured.

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

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

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

GENERAL

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

ENG 2. Submit street improvement plans prepared by a registered California civil Engineer to the Engineering Services Department. The plan(s) shall be approved by the City Engineer prior to issuance of any building permits.

NORTH PALM CANYON DRIVE

ENG 3. Construct sidewalk from back of curb to property line along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210.

ENG 4. Remove the existing driveway approaches and replace with curb, gutter and sidewalk to match existing improvements in accordance with City of Palm Springs Standard Drawing No. 200 and 210.

ENG 5. Contact the Director of Facilities to determine if the existing palm trees, irrigation, and street lights along the North Palm Canyon Drive frontage will have to be replaced and/or upgraded in conjunction with this project.

ENG 6. Remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards.

ENG 7. All broken or off grade street improvements along the project frontage shall be repaired or replaced.

Item 2A - Page 32
City Council Resolution No. _____

CAMINO NORTE

ENG 8. Construct a 6 inch curb and gutter, 18 feet east of centerline along the entire frontage of APN 505- 182-005 AND 505-182-004 to match existing improvements in accordance with City of Palm Springs Standard Drawing No. 200.

ENG 9. Construct a driveway approaches (main entrance 26’ feet wide) in accordance with City of Palm Springs Standard Drawing No. 201.

ENG 10. Dedicate an easement 2 feet wide along the back of the driveway approach and or utility structures for sidewalk purposes. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership.

A right-of-way plan
check fee shall be paid by the applicant in effect at the time that the dedication is submitted

ENG 11. Construct a 5 feet wide sidewalk behind the curb along the entire frontage of APN 505-182-005 AND 505-182-004 to match existing improvements in accordance with City of Palm Springs Standard Drawing No. 210.

ENG 12. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative co mpaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage of APN 505-182-005 AND 505-182-004 in accordance with City of Palm Springs Standard Drawing No. 110. (Additional pavement removal and replacement may be required upon review of existing pavement cross -sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.

ENG 13. Remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards.

ENG 14. All b roken or off grade street improvements along the project frontage shall be repaired or replaced.

ON-SITE

ENG 15. For on- site bay parking in residential and commercial zones, paving material shall be decorative paving, colored and/or patterned to relate to the overall design in accordance with Zoning Code 93.06.00.C.15.e.

Item 2A - Page 33
City Council Resolution No. _____

ENG 16. The minimum pavement section for all on -site pavement (drive aisles, parking spaces ) shall be 3 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrad e of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.

ENG 17. All on -site drive aisles shall be two -way with a minimum 26 feet wide travelway (as measured from face of curb) where no on- street parking is proposed.

ENG 18. On-site drive aisles or parking lots shall be constructed with curbs, gutters, and cross -gutters, as necessary to accept and convey street surface drainage of the on- site streets to the on -site drainage system, in accordance with applicable City standards.

SANITARY SEWER

ENG 19. All sanitary facilities shall be connected to the public sewer system (via the proposed on- site private sewer system). New laterals shall not be connected at manholes.

ENG 20. Pay a sewer assessment fee of $424.92 in accordance with the terms of the Sewer Construction Refund Agreement between the City of Palm Springs and Ted Pelton, Sewer Agreement No. 1418. The fee shall be paid prior to issuance of a building permit.

GRADING

ENG 21. Submit a Precise Grading Plan prepared by a California registered Civil engineer to the Engineering Services Department for review and approval.

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

a. A Fugiti ve Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Services Department for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more “Coachella Valley Best Available Control Measures” as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant’s or its contractor’s Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management Item 2A - Page 34
City Council Resolution No. _____

District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Services Department with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related “PM10” Dust Control issues, please contact AQMD at (909) 396- 3752, or at http://www.AQMD.gov
. A Fugitive Dust Control Plan, in conformance with
the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Services Department prior to approval of the Grading plan.

b. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report; a copy of the project -specific Final Water Quality Management Plan.

ENG 22. Prior to approval of a Grading Plan (or issuance of a Grading Permit), the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, T ribal Historic Preservation Officer or Tribal Archaeologist ( a copy of the written approval must be provided to the City) . The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at
ACBCI-
[email protected] to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring.

ENG 23. In accordance with an approved PM-10 Dust Control Plan, temporary dust control perimeter fencing shall be installed. Fencing shall have screening that is tan in color; green screening will not be allowed. Temporary dust control perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations.

ENG 24. Temporary dust control perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into the perimeter fence screening shall not be allowed. Perimeter fencing shall be adequately anchored into the ground to resist wind loading.

ENG 25. Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed Item 2A - Page 35
City Council Resolution No. _____

areas on-site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer.

ENG 26. A Notice of Intent (NOI) to comply with the California General Construction Stormwater Permit (Water Quality Order 2009- 0009-DWQ as modified September 2, 2009) is required for the propos ed development via the California Regional Water Quality Control Board online SMARTS system.

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

ENG 27. This project requires preparation and implementation of a stormwater pollution prevention plan (SWPPP). As of September 4, 2012, all SWPPPs shall include a post -construction management plan (including Best Management Practices) in accordance with the current Construction General Permit. Where applicable, the approved final project -specific Water Quality Management Plan shall be incorporated by reference or attached to the SWPPP as the Post -Construction Management Plan. A copy of the up- to-date SWPPP shall be kept at the project site and be available for review upon request.

ENG 28. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre at the time of issuance of grading permit for mitigation measures for erosion/blowsand relating to this property and development.

ENG 29. A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Services Department with the first submittal of a grading plan.

ENG 30. The applicant shall provide Gr ading Certification for all building (or structure) pads in conformance with the approved grading plan to the Engineering Services Department for review and approval.

ENG 31. In cooperation with the California Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants f or grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved “Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Item 2A - Page 36
City Council Resolution No. _____

Counties” (Revised - RIFA Form CA -1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 6819 East Gage Avenue, Commerce, Ca 90040 (Phone(760)782-3271,(562)505-6415),[email protected].

WATER QUALITY MANAGEMENT PLAN

ENG 32. This project shall be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP’s) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP’s, including mechanical or other means for pre-treating contaminated stormwater and non- stormwater runoff, shall be required by regulations imposed by the RWQCB. It shall be the applicant’s responsibility t o design and inst all appropriate BMP’s, in accordance with the NPDES Permit, that effectively intercept and pre- treat contaminated stormwater and non- stormwater runoff from the project site, prior to release to the City’s municipal separate storm sewer sys tem (“MS4”), to t he satisfaction of the City Engineer and the RWQCB. Such measures shall be designed and installed on- site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenant s, Conditions, and Restrictions (CC&R’s) required for the development (if any).

ENG 33. A Final Project-Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading or buildi ng permit. The WQ MP shall address the implementation of operational Best Management Practices (BMP’s) necessary to accommodate nuisance water and storm water runoff from the site. Direct release of nuisance water to the adjacent property (or public street s) is prohibited. Construction of operational BMP’s shall be incorporated into the Precise Grading and Paving Plan.

ENG 34. Prior to issuance of any grading or building permits, the property owner shall record a “Covenant and Agreement” with the County -Clerk Recorder or other instrument on a standardized form to inform future property owners of the requirement to implement the approved Final Project - Specific Water Quality Management Plan (WQMP). Other alternative instruments for requiring implementation of the approved Final Project - Specific WQMP include: requiring the implementation of the Final Project - Specific WQMP in Home Owners Association or Property Owner Association Covenants, Conditions, and Restrictions (CC&Rs); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Community Service Areas responsible for implementing the Final Project - Item 2A - Page 37
City Council Resolution No. _____

Specific WQMP; or equivalent. Alternative instruments must be approved by the City Engineer prior to issuance of any grading or building permits.

DRAINAGE

ENG 35. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on- site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwat er runoff mitigation measures for the proposed development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. No more than 40- 50% of the street frontage parkway/setback areas should be designed as retention basins. On- site open space, in conjunction with dry wells and o ther subsurface solutions should be considered as alternatives to using landscaped parkways for on-site retention.

ENG 36. The project is subject to flood control and drainage implementation fees.

The acreage drainage fee at the present time is $ 10,311.99 per acre in accordance with Resolution No. 15189. Fees shall be paid prior to issuance of a building permit.

GENERAL

ENG 37. Any utility trenches or other excavations within existing asphalt concrete pavement of off -site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115.

ENG 38. All proposed utility lines shall be installed underground.

ENG 39. All existing utilities shall be shown on the improvement plans if required for the project. The existing and proposed service laterals shall be shown from the main line to the property line.

ENG 40. Upon approval of any improvement plan (if required) by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2015 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats.

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

Item 2A - Page 38
City Council Resolution No. _____

ENG 41. The original improvement plans prepared for the proposed development and approved by the City Engineer ( if required) shall be documented with record drawing “as -built” information and returned to the Engineering Services Department prior to issuance of a final certificate of occupancy.

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

ENG 42. Nothing shall be constructed or planted in the corner cut -off area of any intersection or driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D.

ENG 43. All proposed trees within the public right -of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904.

ENG 44. This property is subject to the Coachella Valley Multiple Species Habitat Conservation Plan Local Development Mitigation Fee (CVMSHCP -LDMF).

The LDMF shall be paid prior to issuance of Building Permit.

MAP

ENG 45. The developer shall apply for an annexation to the City of Palm Springs Community Facilities District established for public safety services and submit required applications, waivers, and consent forms to the annexation prior to approval of a final map. Payment of an annexation fee ($7,500) and shall be made at the time of the application. T he annexation shall be completed by action of the city council in a public hear ing, prior to processing a final map for approval.

ENG 46. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Services Department for review and approval. A Title Report prepared fo r subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Services Department as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits.

ENG 47. In accordance with Government Code Section 66499, the Tentative Tract Map is subject to construction of all required public improvements. Prior to approval of a Tract Map, all required public improvements shall be secured by a construction agreement and bonds in accordance with Government Code Section 66499.

Item 2A - Page 39
City Council Resolution No. _____

ENG 48. Acceptance of public improvements required of this development shall be completed by resolution of the City Council to release the faithful performance bond and acceptance of replacement maintenance bond to be held for one year. An inspection will be performed nine months after said acceptance as part of the notice of completion process, a notice of completion will be filed certifying the improvements are complete.

TRAFFIC

ENG 49. A minimum of 48 inches of clearance for accessibility shall be provided on public sidewalks. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement if necessary and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the frontage of the subject property.

ENG 50. Construction signing, lighting and barricading shall be provided during all phases of construction as required by City Standards or as directed by t he City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 “Temporary Traffic Control” of the California Manual on Unif orm Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction.

ENG 51. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit.

FIRE DEPARTMENT CONDITIONS
FID 1. These Fire Department conditions may not provide all requirements.

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

FID 2. Fire Department Conditions were based on the 2019 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix “T” Development Requirements and latest adopted NFPA Standards. Three (3) complete sets of plans for fire sprinkler system plans, underground water improvement plans, & fire alarm plans must be submitted prior to a building permit being released.

FID 3. Conditions of Approval – “Conditions of Approval” received from the Palm Springs Planning Department must be submitted with each plan set. Failure to submit will result in a delay of plan approval.

Item 2A - Page 40
City Council Resolution No. _____

FID 4. Plans and Permits (CFC 105.1):

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

Plans shall be submitted to:

City of Palm Springs
Building and Safety Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262

Counter Hours: 8:00 AM – 6:00 PM, Monday – Thursday

A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. These fees are established by Resolution of the Palm Springs City Council.

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

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

FID 5. Access During Construction (CFC 503): Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13' -6". Fire Department access roads shall have an all-weather driving surface and support a minimum weight of 73,000 lbs.

FID 6. Required access (CFC 504.1): Exterior doors and openings required by this code or the California Building Code shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided when required by the fire code official.

FID 7. Key Box Required to be Installed (CFC 506.1): Where access to or within a structure or an area is restricted because of secured openings or where Item 2A - Page 41
City Council Resolution No. _____

immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be flush mount type and shall contain keys to gain necessary access as required by the fire code official.

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

FID 8. Key Box Contents (CFC 506.1): The Knox key box shall contain keys to all areas of ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms, mechanical rooms, elevator rooms, elevator controls, plus a card containing the emergency contact people and phone numbers for the building/complex.

FID 9. NFPA 13D Fire Sprinklers Required: An automatic fire sprinkler system is required. Only a C -16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in a ccordance with NFPA standard 13, 2016 Editions, as modified by local ordinance.

FID 10. Dead Ends: Dead -end fire apparatus roads in excess of 150 feet in length shall be provided with an approved area for turning around a fire apparatus, or hammer head as approved by the City’s Engineering Department.

FID 11. Designated Fire Lanes: in private developments shall be not less than 24 feet wide (curb face to curb face) with no parking on either side and shall be identified as afire lanes with red curb, stating in white lettering “ NO PARKING FIRE LANE”, or by approved signage, or by both red curb with lettering and signage.

FID 12. Fire Department Access Roads/Driveways: Shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150 feet from such roads.

FID 13. Private Fire Hydrants: Additional private hydrants may be required.

FID 14. Security Gates: A Knox key operated switch shall be installed at every automatic gate. Secured automated vehicle gates or entries, if approved for installation, shall utilize a combination of a Tomar Strobeswitch™, or approved equal, and an approved Knox key switch when required by the fire code official. Secured non- automated vehicle gates or entries , if approved for installation, shall utilize an approved padlock or chain (maximum link or lock shackle size of ¼ inch) when required by the fire code official.

END OF CONDITIONS
Item 2A - Page 42

ATTACHMENT D
Item 2A - Page 43
Item 2A - Page 44
12@Las Palmas , LLC
Appeal Form
Formulario de Apelaci6n
City of Palm Springs
TEL (760) 323-82 04 I FAX (760) 322-833 2
~~~t.YC:d 'foLElling_ $tamp

CIT' ' OF PA LM SPRINGS
20 OEC 2 I PM I : 0 I
J1· F :EC . .- ·: - i'f CL
[email protected]

ADDRESS/ DIRECCI N PHONE/ TELEFONO
c/o Dennis Cunningham,
P.O. Box 1587
(760) 578.0181

CITY/ CIUDAD STATE/ EST ADO ZIP /C DIGO FAX/EL FAX
POSTAL
Palm Springs CA 92262 NIA

SUBJECT OF APPEAL/ OBJECTO DE APELACION
The date the decision being appealed was rendered/ The application or project was entitled / La aplicaci6n o La fecha en que se emiti6 la decisi6n que se esta apelando: Proyecto tenfa derecho:

Planning Commission Public Hearing 12 @ Las Palmas
Case No. 3.4289, MAJ/DP 5.1554,
December 14, 2022 CUP & TTM 38416

SPECIFY THE BASIS FOR THE APPEAL IN DETAIL (YOU MAY USE AS MANY ADDITIONAL SHEETS AS NECESSARY) /

ESPECIFIQUE LA BASE PARA LA MEDIDA EN DETALLE (PUEDE UTILIZAR TANT AS HOJAS ADICIONALES COMO SEA NECESARIO):

This is an appeal to remove Condition PLN 13 (no gated ent,y) from the Approval of the TTM, based on the following:

1. N!Qatfve lmRas;t of not having Gatg on 2ark ing and traffic within the PrQject: The Project has no interior street per se. Access to garages is by means of a 150 ft driveway, with hammerhead tum arounds for fire trucks. 'Nithout gates errant traffic will be allowed in, creating increased risk of accidents and also negatively impacting the 3 guest parking spaces available in the interior or the Project

2. No negative impact of Gates on park lm1 and tra ffic outside the Project : The private driveway, for a variety of reasons, cannot run through the Project to Palm Canyon Drive. Thus, there is no negative Impact on traffic in the surrounding properties' access to Palm Canyon. Gates would also have no effect on parking in the surrounding area. 3 biitlgation of Transient Problem: Gating would help to mitigate the existent transient problem in the immediate neighbomood Failure to gate will create attractive spaces for transients to locate.

4. No Impact on neighborhood sociability : 9 out of the 12 homes have direct pedestrian street access Only 3 homes are entirely behind the Gales

5. Traffic Calming: Gates will have a traffic calming effect on Camino Norte thus contributing to traffic safety Set attached supporting documentation .

FOR STAFF USE ONLY
~ Appeal to City Council D Appeal to Administrative Appeal Board -- ~
This completed form must be sent to: -
City of Palm Springs Office of the City Clerk
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
Item 2A - Page 45

moaern
homes ...

P.O. Box 1587, Palm Springs, CA 92262
Telephone : (760) 320-8773
Facsimile: (760) 320-8774
E-mail: [email protected]
December 21 , 2022
Via E-mail to: [email protected]
[email protected]
Monique. Lomeli@palmspringsca .gov
David.Newell@palmspringsca .gov
[email protected]
City Council of the City of Palm Springs
c/o City Clerk's Office
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Letter of Appeal of Planning Commission Approval with Conditions 12@ Las Palmas
Case No. 3.4289, MAJ/DP 5.1554 , CUP & TTM 38416
Public Hearing Agenda Item 2B
Approval Date: December 14, 2022
Dear Council Members:

The purpose of this Letter of Appea l is to appeal the imposition of Condition PLN 13 of the Conditions of Approval for the above- referenced Project and Case Number at the City of Palm Springs Planning Commission Meeting held December 14, 2022.

Specifically, Condition PLN 13 requires that the Project not be gated. The owner of the Project, 12 @ Las Palmas , LLC, believes that gating the Project is necessary and proper for the reasons stated in the Letter and attachments supplied to the Planning Commission (also attached hereto), summarized as follows :
1 Item 2A - Page 46

1. Negative Impact of not having Gates on parking and traffic within the Proiect: The Project has no interior street per se. Access to garages is by means of a 150 ft driveway , with hammerhead turn arounds for fire trucks.

Without gates errant traffic will be allowed in, creating increased risk of accidents and also negatively impacting the 3 guest parking spaces available in the interior of the Project.

2. No negative impact of Gates on parking and traffic outside the Proiect: The private driveway, for a variety of reasons, cannot run through the Project to Palm Canyon Drive. Thus, there is no negative impact on traffic in the surrounding properties' access to Palm Canyon. Gates would also have no effect on parking in the surrounding area.

3. Mitigation of Transient Problem: Gating would help to mitigate the existent transient problem in the immediate neighborhood. Failure to gate will create attractive spaces for transients to locate.

4. No impact on neighborhood sociability: 9 out of the 12 homes have direct pedestrian street access. Only 3 homes are entirely behind the Gates.

5. Traffic Calming : Gates will have a traffic calming effect on Camino Norte, thus contributing to traffic safety.

Per the 12/20/2022 phone conversation between Ernie Vincent of Palm Springs Modern Homes and Monique Lomeli , Chief Deputy City Clerk, please have the Finance Department/Cashier contact Ernie Vincent ASAP at (760) 712-7820, or [email protected], to arrange for payment to the City of Palm Springs of $1,684 for the Appeal Processing Fee and $802 for the Notification Fee.

In closing, we respectfully request City Council direction to remove Condition PLN 13 from the approval of the Project by the Planning Commission on December 14, 2022.

Thank You.
e · A. Cunningham
Authorized Representative
2 Item 2A - Page 47

moaern
homes ...

P.O. Box 1587, Palm Springs, CA 92262
Telephone : (760) 320-8773
Facsimile : (760) 320-8774
E-mail: psmodernhomes@ aol.com
December 1, 2022
Via e-mail to: [email protected]
[email protected]
[email protected]
City of Palm Springs Planning Commission
3200 E. Tahquitz Canyon Way
Palm Springs , CA 92262
Re: Request for Approval of Gated Community Status for 12 @ Las Palmas Dear Commissioners :

The purpose of this letter is to request your reconsideration of our proposal for the gating of 12 @ Las Palmas. Pease review the attached materials , which are intended to quickly highlight the reasons for our request.

Sincerely ,
Dennis Cunningham
President, PALM SPINGS MODERN CONSTRUCTION
Item 2A - Page 48
Approval of Private Gated Communities
**********************************************
Zoning Code Section 93.05.00 - Synopsis:
(1) Controlled access is discouraged, however ...
(2) Gating can be approved by the Planning
Commission where the applicant shows:
(a) significant impact by unauthorized parking
from adjacent uses; or
(b) significant impact by traffic from adjacent
uses beyond the design capacity of the
internal streets; and
(c) gating will not negatively impact unauthorized
parking, traffic, or public safety at adjacent
uses.
1 Item 2A - Page 49
Effect of Not Gating on Parking and Traffic:
(a) Severe impact of no gates on guest parking.

There are 3 guest parking spots on the inside of the
community. Unauthorized use of just one spot would reduce that parking by one-third. The adjacent landowner to the south has already been impacted by unauthorized parking (See letter from adjacent property owner, pages 4 and 5 below).
(b) Severe impact of no gates on internal traffic.

Since the internal street is essentially no more than a 150-foot private driveway with hammer-head turn-around and no
secondary exit, any errant traffic from the adjacent community will create driveway congestion.
(c) No negative impact on outside traffic.

The internal street is, essentially, a 150-foot private driveway.

Gating will not cut off any potential thru traffic, nor will it cause any additional on-street parking affecting the neighborhood . outside of the gates.
2 Item 2A - Page 50
Effect on Existing Neighborhood Transient Problem:

Construction of the proposed development without
gating will create spaces inviting transient activity.

There is already a significant problem with transient
activity in the neighborhood as can be seen in the
photo below, and as described in the attached letter
from the adjacent owner to the south. Failure to gate
will make this problem worse
Photo Taken of Project Premises on Camino Norte
11/21/2022
3 Item 2A - Page 51
Ingrid and Ray Baddour
1401 North Palm Canyon Drive, Suite 200
Palm Springs, CA 92262
Telephone: (760-322-9032) Email: [email protected] November 28, 2022
Via e-mail to: [email protected]; [email protected]; [email protected]
City of Palm Springs Planning Commission
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Transient Problem at 1401 N. Palm Canyon (the "Property"} Dear Commissioners:

I am writing you to recommend allowing entry security gate at the 12 @ Las Palmas Development adjacent to my property at 1401 North Palm Canyon Drive.

Our property is an Office Building ungated next to the 12@ Las Palmas Development. We have experienced an onslaught of transients on the Property over a number of years. The transient problem has gotten so bad we have had to hire a security company to guard the building as well a maintenance person that comes daily to clean up the messes. The following are a few of the problems we continue to experience :
• Defecating in the planters, parking lot, hallways and in the elevator • Sleeping in the above areas and parking area during the day and night, sometimes in groups • Verbally accosting our tenants (in one case we lost a tenant due to the issue) • Sexual commerce in parking lot
• Theft
• Breakage
• Trash-requiring constant clean up
• The Guard Service on a number of occasions has told people to vacate only to be told no or just not leave
• The Police have responded in the past however, after the Police leave they come back • Cars from unknown persons parked that don't belong there • Fires from narcotic paraphernalia
• A window cracked by said fire from drug paraphernalia • A passed out drug user in our stairwell
• Stairwells scratched and defaced constantly
4 Item 2A - Page 52
I'm sure we are not the only ones in our area with these issues, and if you do not allow the 12@ Las Pal mas Development gates, I'm sure they will experience the same set of problems. The gates are a deterrent, not an over-all solution, but a deterrent nonetheless.

Thank you for support,
Ingrid Baddour
5 Item 2A - Page 53
Minimal Effect of Gates on Neighborhood Cross­
Communication and Sociability.

Gating 12 @ Las Palmas will not "wall off'' the
development because, 9 out of the 12 of the
residences (75%) are set up for pedestrian interaction
outside of the community gate.

Palm Springs Modern has developed a number of
projects in Palm Springs with public street-facing yard gates that serve as the primary front door, or as a
secondary front door, with intercom communication
to the outside. For Example:
7 @ Twin Palms
(2001)
43 @ Racquet Club
(2009)
6 18 @ Twin Palms
(2016)
Item 2A - Page 54
With only 3 residences entirely behind the gates and
the remainder open to the outside, the gating will not
have any significant adverse effect on the community
spiritedness of the Las Palmas neighborhood.

This contrasts with the fact that almost all of the
residences in the Las Palmas neighborhood are
single-family residences, the vast majority of which
have gated front yards.

Conclusion: Any negative impact of the gating the
proposed community is minimal. Negative impacts of
NOT gating are significant, including those under
which the Planning Commission can make an
exception to the "discouraged gating" rules in the
Palm Springs City Code.
7 Item 2A - Page 55

REQUEST FPR TREASURER'S RECIEPT
TO: FINANCE DEPARTMENT, CASHIER DATE:

FROM: CITY CLERK'S OFFICE
PLEASEAccEPT$ l6<fJ'/.oo(f,l&.-hni!j fee-) , 10-ht,l =j~l/5{,_oa Q ol oo tNcn\-€iCP'l°M Fee-.) FROM: O '
f:cf\ie.- \/~~ee.r1.+- 1'2.@. 5w, ?~rna.s. LLC-.,
FOR: p/().,(lnilj Com~iol'\ Apr-{
C0-6e No. 3.42'3°1. N'!\j /DP 5.155':( C.UP g, TT\Y\ 38'11& CREDIT ACCOUNT NO. (CIRCLE BELOW)
MAPS & PUBLICATIONS: 100-34000
TRUST & AGENCY PAYABLE: 620-22015
OTHER CHARGES-CURRENT SERVICE: 100-3403 BY ORDER OF /3,--er,:{-~' Item 2A - Page 56
12/22/22, 9:28 AM ~aim Springs City Hall I Online Receipt Palm Springs City Hall
3200 E TAHQUITZ CYN WY
Jacob Azar, Audit & Rev SuJlervisor
PALM SPRINGS, CA 92262
+ 1 760-323-8249
Jacob.Azar@12alm_s12ringsca.gov
Invoice Number: APPEAL3 4289
Subtotal
. Total Taxes
$2,486.00
$0.00
Total $ 2 486 ·00
I
PAYMENT ID: 4J2TV3RRMP1 BO
Hide Details
Card: Visa 2920
December.22, 2022, 9:26 AM
Method: INTERN ET TRANSACTION
Auth ID: 08986D
Reference ID: 235600551871
Authorizing Network: VISA
DATE
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https://www.clover.ccm/tx/p/4J2TV3RRMP1BO 1/1

Major Architectura l Application - Justification Letter February 25, 2022
Re:
12@Las Palmas
Palm Springs, CA 92262
APN: 505-182-005
505-182-007

Project Description:

Enclosed for review is the pr oposed new construction of 28 ,998 SF town-homes on an undeveloped parcel of land that is classified as R2-C1. The project consists of 12 Units about ~2,416 SF per uni t, ranging from two to three stor ies. Each unit includes its own swimming pool and roof deck . The 8 units along North Palm Canyon include their own guesthouse that is accessib le from North Palm Canyon.

The project addresses the site topography by following the existing slope. The scale and architectural style of the proj ect blends with the adjacent developments. The project meets all yard setbacks and is consistent wi th the City’s development standards.

The project is an infill site currently cluttered with broken foundat ions and a half-buried swimming pool from a previous development. Wh en finished, the proj ect will complete the neighborhood.

Please find the enclosed draw ing exhibits which il lustrate the proposed project for your consideration and review. Feel free to contact me with any questions.

Sincerely,

Rene Vidal / Owner’s Representative
o2 Architecture

Item 2A - Page 57
0 2 Architecture
1089 N. Palm Canyon Dr.

Suite B
Palm Springs, CA 92262
760 778 8165 TEL
760 406 7946 FAX
www.o2arch.com

ATTACHMENT E
Item 2A - Page 58
Item 2A - Page 59

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
12@ LAS PALMAS, LLC

2. Address of Entity (Principle Place of Business)
50 SEA PINE LANE,# 61, NEWPORT BEACH, CA 92660

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

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

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note : If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity CAMINO NORTE PALM SPRINGS, LLC O Officer O Director ~ Member ~ Manager [name]
D General Partner D Limited Partner
Other
WINPORT PALM SPRINGS, LLC D Officer D Director ~ Member D Manager [name]
D General Partner O Limited Partner
Other
Dennis A. Cunningham 0 Officer D Director D Member D Manager [name]
0 General Partner O Limited Partner
~ Other Authorized Representative

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 05/16/19)
Item 2A - Page 60

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

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.

CAMINO NORTE PALM SPRINGS, LLC 4 7% of 12 @ Las Palmas , LLC [name of owner/investor] [percentage of beneficial interest in entity and name of entity)
B.

WINPORT PALM SPRINGS , LLC 53% of 12 @ Las Palmas , LLC [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C .
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity)

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

Sig~ arty, Printed Name, Tille Date
Sep 13, 2022
Ernest 0 . Vincent, Attorney

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

CITY OF PALM SPRINGS - PUBLI C INTEGR ITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Item 2A - Page 61

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

CAMINO NORTE PALM SPRINGS, LLC

2. Address of Entity (Principle Place of Business)
50 SEA PINE LANE, # 61 , NEWPORT BEACH , CA 92660

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

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

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Palm Springs Modern Construction D Officer D Director ~ Member ~ Manager [name]
D General Partner D Limited Partner
Other
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
Other
Dennis A. Cunningham D Officer D Director D Member D Manager (Revised 05/16/19)
[name]
D General Partner D Limited Partner
~ Other Authorized Representative

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Item 2A - Page 62

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

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.

Palm Springs Modern Construction 100% of Cam ino Norte Palm Springs, LLC [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT .

Sep 13, 2022
Ernest 0 . Vincent, Attorne

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

CITY OF PALM SPRINGS - P UBLIC INTEG RITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Page2of2
Item 2A - Page 63

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

WINPORT PALM SPRINGS , LLC

2. Address of Entity (Principle Place of Business)
34390 Gateway Drive, Palm Desert, 92211

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

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

5. Type of Entity
D Corporation [El limited liability Company D Partnership D Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Yokang Zhou D Officer D Director [El Member [El Manager (Revised 05/16/19)
[name]
D General Partner D limited Partner
Other
D Officer D Director D Member D Manager
[name]
D General Partner D limited Partner
Other
D Officer D Director D Member D Manager
[name]
D General Partner D limited Partner
Other

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Item 2A - Page 64

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

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entityl
A.

Yokang Zhou 100% of Winport Palm Springs , LLC
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

8. [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

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

Sign~ y, Printed Name, Tille Date
Sep 13, 2022
Ernest 0 . Vincent, Attorney

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

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Item 2A - Page 65

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

PALM SPRINGS MODERN CONSTRUCTION

2. Address of Entity (Principle Place of Business)
50 SEA PINE LANE,# 61 , NEWPORT BEACH, CA 92660
3 . Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State CA
If other than California, is the Entity also reqistered in California? n Yes n No 5. Type of Entity [El Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Dennis A. Cunningham [El Officer [El Director D Member D Manager [name] D General Partner D Limited Partner
Other
Andrea C. Cunningham [El Officer [El Director D Member D Manager (Revised 05/16/19)
[name]
D General Partner D Limited Partner
Other
D Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
[El Other Authorized Representative

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Item 2A - Page 66

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

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.

Dennis A. Cunningham 50% of Palm Springs Modern Construction [name of owner/investor] [percentage of beneficial interest in entity and name of entity]

8. Andrea C. Cunningham 50% of Palm Springs Modern Construction [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

0. [name of owner/investor] [percentage of beneficial interest in entity and name of entity)
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party , Printed Name , Title Date ~ Sep 13, 2022
Ernest 0 . Vincent, Attorney

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

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSU RE FORM

ATTACHMENT F
Item 2A - Page 67
Project title:

12@Las Palmas
Address:

Camino Norte, Palm Springs, CA 92262
Existing Site Photos Key Map
Date: 10.05.2021
Scale: Not to Scale
N. PALM CANYON DRIVE

CAMINO NORTE
1 2
3 4
5 6
7 8
9 Item 2A - Page 68
r
0 ------.. i_
f
/
/
/
/
/
/
/
/
/
/
............. ..............
--
r­
' ,_
0 0
0 0
NORTH
EB
Project title:

12@Las Palmas
Address:

Camino Norte, Palm Springs, CA 92262 | APN: 505-182-005, & 007

SITE PHOTOGRAPHS
Date: 10.03.21
1 Item 2A - Page 69
---------------------------- ol iro~~murn
Project title:

12@Las Palmas
Address:

Camino Norte, Palm Springs, CA 92262 | APN: 505-182-005, & 007

SITE PHOTOGRAPHS
Date: 10.03.21
2 Item 2A - Page 70
Project title:

12@Las Palmas
Address:

Camino Norte, Palm Springs, CA 92262 | APN: 505-182-005, & 007

SITE PHOTOGRAPHS
Date: 10.03.21
3 Item 2A - Page 71
---------------------------- ol iro~~murn
Project title:

12@Las Palmas
Address:

Camino Norte, Palm Springs, CA 92262 | APN: 505-182-005, & 007

SITE PHOTOGRAPHS
Date: 10.03.21
4 Item 2A - Page 72
:w.•
. " .. ,
•j '-) , t':ii
,'1-,
~) ._ I
. ' .
---------------------------- ol iro~~murn
Project title:

12@Las Palmas
Address:

Camino Norte, Palm Springs, CA 92262 | APN: 505-182-005, & 007

SITE PHOTOGRAPHS
Date: 10.03.21
5 Item 2A - Page 73
---------------------------- ol iro~~murn
Project title:

12@Las Palmas
Address:

Camino Norte, Palm Springs, CA 92262 | APN: 505-182-005, & 007

SITE PHOTOGRAPHS
Date: 10.03.21
6 Item 2A - Page 74
---------------------------- ol iro~~murn
Project title:

12@Las Palmas
Address:

Camino Norte, Palm Springs, CA 92262 | APN: 505-182-005, & 007

SITE PHOTOGRAPHS
Date: 10.03.21
7 Item 2A - Page 75
---------------------------- ol iro~~murn
Project title:

12@Las Palmas
Address:

Camino Norte, Palm Springs, CA 92262 | APN: 505-182-005, & 007

SITE PHOTOGRAPHS
Date: 10.03.21
8 Item 2A - Page 76
---------------------------- ol iro~~murn
Project title:

12@Las Palmas
Address:

Camino Norte, Palm Springs, CA 92262 | APN: 505-182-005, & 007

SITE PHOTOGRAPHS
Date: 10.03.21
9 Item 2A - Page 77
---------------------------- ol iro~~murn

ATTACHMENT G
Item 2A - Page 78
1 David Newell
From: Lauren Davee <[email protected]>
Sent: Sunday, September 11, 2022 3:25 PM
To: Lauren Davee <[email protected]>; Paul Popowich ([email protected]) <[email protected]> Subject: *IMPORTANT OLP NEIGHBOR LETTER ... RE: 12@Las Palmas Project | New Development

NOTICE: This message originated outside of The City of Palm Springs ‐‐ DO NOT CLICK on links or open attachments unless you are sure the content is safe.

RE:  NOTICE OF PUBLIC HEARING BEFORE THE PALM SPRINGS PLANNING COMMISSION WEDNESDAY 9/14, 5:30PM on ZOOM
RE:  12 @ LAS PALMAS Project, 1425 CAMINO NORTE

Hello Friends and Neighbors,

Hope you had a nice summer and are doing well.

You  may  or  may  not  be  aware  that  there  will  be  a  publi c  hearing  about  a  new  townhouse  project  in  our  immediate neighborhood  this Wednesday, September 14, 2022.   We are bringing this to your attention because of:  a) the short notice by the City of Palm Spring’s planning department and the opportunity to comment; and b) a few discoveries that we identified in the a ccompanying  project documents which were not readily apparent in the public notification.

For your convenience, we’ve attached the City Hearing Announcement Letter (with Hearing details) and additional pdf files containing information about the project, received from the City, in the following ‘Secure DROPBOX Link’ https://www.dropbox.com/sh/z8untfabja0iahy/AAAXvgWDX69qgWW‐hQviiRlQa?dl=0  (files otherwise too large to attach to this email).  We encourage you to carefully review them, attend the Zoom meeting, send letters and speak at the Hearing.   Please note, there is a very short deadline to comment in writing as outlined attached public hearing document.

Having  carefully  reviewed  the  documents  and  additional  documentation  we  requested  from  the  City  of  Palm  Spring s
Planning Department, we as neighbors, living close to the proposed project, have some preliminary concerns as follows:

 While the project is called 12 @ Las Palmas, closer review shows 8 of the 12 units (if developer is granted a density exemption, per City Section 93.23.14 E‐2‐b‐i) will ha ve GUEST HOUSES (detached residential living spaces with kitchenettes adding to the overall density and impact of the of the property).  We suggest that the 8 additional Guest Houses be Excluded from the plan, or at the minimum, NOT include kitchenettes, thus making the spaces additional  ensuite  be drooms  only  and  NOT  additional  living  spaces.   Why  is  this  important?    Having kitchenettes will promote higher density and possibly rentals in these Guest Houses, thus adding more traffic and noise to our quiet neighborhood,

 All Development access to and from the property is via Camino Norte.  This access is no rth  of Verda Norte, at the bend on Camino Norte – an area of poor ingress/egress visibility at the bend causing potential safety issues to pedestrians and vehicles.  Since the City has failed to require a Traffic Study for this project, it is difficult to predict the impact of traffic given the 31 on‐site parki ng spaces as people travel through our quiet streets up to Vista Chino, or down to Verda Norte to Palm Canyon.   Unfortunately, the City declined  to require the Developer to provide a Traffic Study.  A TRAFFIC and Neighborhood impact STUDY SHOULD BE MADE A REQUIREMENT OF THE DEVELOPER.  Ther eby  showing projected daily car trips, parking availability (on neighborhood streets) and traffic patterns through our quiet neighborhood streets.

Item 2A - Page 79
2  It’s unclear  if  the  City/Developer  will  bridge  the  non‐existent  sidewalk  between  the  southside  of  the  Pompey Condominium  Complex  and  the  property  just  south  of  this  project  on  Camino  Norte.     We  propose  that  the sidewalk be bridged.

 We  propose  that  a  traffic  light  be  installed  at  Verda  Norte  and  N.  Palm  Ca nyon  because  of  the  increased neighborhood traffic due to this project AND also the north adjoining parcel of land, which when built, will house 70+ apartment units.

PLEASE, let’s make a good showing at the Zoom Hearing at 5:30 pm (Pacific) on Wednesday, September 14, 2022 with the Planning Department & collec tively work to keep our Old Las Palmas neighborhood and quality of lifestyle desirable – for all the reasons we love living here.

Sincerely; your neighbors,

Lauren Adamski‐Davee
La Siesta Villas, unit 11 (SE corner Kaweah Rd and Camino Norte) [email protected]
206‐794‐3397
and
Paul Popowich
La Siesta Villas, unit 10 (Kaweah Rd)
[email protected]
323‐610‐7285

Item 2A - Page 80
1 David Newell
From: Garth Gilpin <[email protected]>
Sent: Sunday, September 11, 2022 5:56 PM
To: Planning <[email protected]>
Subject: Comment on 12@Camino Norte project

NOTICE: This message originated outside of The City of Palm Springs ‐‐ DO NOT CLICK on links or open attachments unless you are sure the content is safe.

The proposed property does not include a traffic study. The other proposed project directly north of thi s ( 71 low income
units) had a study and the results were that the proposed traffic entrance at the curve on Camino Norte was too confined and dangerous and the final approved result was that that entrance could only have an “emergency” locke d gate, i.e. fire truck, ambulance entry access. It cannot be used daily by tenants when completed. >
> The proposed ingress/egress for 12@Camino Norte must stay in line with the adjoining project as it has been determined and understood by the city planning department there is a high possibility of accidents occur ring at this narrow curve.
>
> Attached are pictures showing the 2 ingress/egress accesses on Palm Canyon to the property at the prior time when the property had buildings on it. If a  Camino Norte entrance is absolutely necessary it should be ingress only. >
> We are also concerned ab out kitchenettes in the small casita units if they are built. These could then  be STRs which would dramatically change our beautiful neighborhood.
>
> Thank you.
> Garth Gilpin
> 1441 N. Kaweah Road.
> 626‐824‐0304
>
>
Item 2A - Page 81
2 >
>

>
> Sent from my iPad
Item 2A - Page 82
Item 2A - Page 83
PAUL
K.

POPOWICH
247
W
Stevens
Road
Unit
10,
Palm
Springs,
CA
92264
I 323-610-7285
I
[email protected] September
12,
2022
Mr.

Hadwin
Director
of
Planning
Services
City
of
Palm
Springs
3200
E Tahquitz
Canyon
Way
Palm
Springs,
CA.
92262
Email:
[email protected]
RE:

Case
NOS.

5.1554
CUP,
TTM
38416
&

3.4289
MAJ,
12 @
Las
Palmas,
1425
Camino
Norte
Dear
Mr.

Hadwin:

Having
reviewed
the
documents
requested
from
the
City
of
Palm
Springs
Planning
Department,
as
a neighbor,
living
very
close
to
the
proposed
project,
I have
some
preliminary
concerns
which
are
as
follows:
•
While
the
project
is
called
12@
Las
Palmas,
closer
review
shows
8 of
the
12 units
(if
developer
is
granted
a density
exemption,
per
City
Section

93.23.14 E-2-b-i)
will
have
GUEST
HOUSES
(detached
residential
living
spaces
with
kitchenettes
adding
to
the
overall
density
and
impact
of
the
of
the
property).

I suggest
that
the
8 additional
Guest
Houses
be
Excluded
from
the
plan,
or
at
the
minimum,
NOT
include
kitchenettes,
thus
making
the
spaces
additional
ensuite
bedrooms
only
and
NOT
additional
living
spaces.

Why
is
this
important?
Having
kitchenettes
will
promote
higher
density
and
possibly
rentals
(vacation
rentals)
in
these
Guest
Houses,
thus
adding
more
traffic
and
noise
to
our
quiet
Old
las
Palmas
neighborhood.
•
All
Development
access
to
and
from
the
property
is
via
Camino
Norte.
•
This
access
is
north
of
Verda
Norte,
at
the
bend
on
camino
Norte
-
an
area
of
poor
ingress/egress
visibility
at
the
bend
causing
potential
safety
issues
to
pedestrians
and
vehicles.

Since
the
City
has
failed
to
require
a Traffic
Study
for
this
project,
it
is
difficult
to
predict
the
impact
of
traffic
given
the
31 on-site
parking
spaces
as
people
travel
through
our
quiet
streets
up
to
Vista
Chino,
or
down
to
Verda
Norte
to
Palm
canyon.

Unfortunately,
the
City
declined
to
require
the
Developer
to
provide
a
Traffic
Study.

A

TRAFFIC
and
Neighborhood
impact
SllJDY
SHOULD
BE
MADE
A

REQUIREMENT
OF
THE
DEVELOPER.

Thereby
showing
projected
daily
car
trips,
parking
availability
( on
neighborhood
streets)
and
traffic
patterns
through
our
quiet
neighborhood
streets.

Access
to
the
property.

Item 2A - Page 84
.,.
• Consistency and Safety:

Paul K. Popowich
2 • The other proposed project directly north of this (70+ affordable low income and senior citizen unit's aka Agave at Palm Canyon) had a study and the results were that the proposed traffic entrance at the curve on Camino Norte was too confined and dangerous and the final approved result was that that entrance could only have an "emergency" locked gate, i.e. fire truck, ambulance entry access. It cannot be used daily by tenants when completed. • The proposed ingress/egress for 12@Camino Norte must stay in line with the adjoining project (aka Agave at Palm Canyon) as it has been determined and understood by the city planning deparbnent there is a high possibility of accidents occurring at this narrow curve. • Below are pictures showing the two ingress/egress accesses on N. Palm Canyon to the property at the prior time when the property had buildings on it. If a Camino Norte entrance is necessary, it should be ingress only and a traffic light be installed at Verda Norte and N. Palm Canyon because of the increased neighborhood traffic due to this project AND also the north adjoining parcel of land (Agave at Palm Canyon), which when built, will house 70+ affordable senior apartment units.
• It's unclear if the City/Developer will bridge the non-existent sidewalk between the southside of the Pompey Condominium Complex and the property just south of this project on Camino Norte. For safety reasons, the sidewalk must be bridged.

Item 2A - Page 85
1 David Newell
From: Bellew, Anthony P <[email protected]>
Sent: Tuesday, September 13, 2022 1:38 AM
To: Planning
Cc: Lisa Middleton; Geoff Kors; Grace Garner; Dennis Woods; Llubi Rios; Geno Carrara Subject: RE: City of Palm Springs Case NOS. 5.1554 CUP, TTM 38416 & 3.4289 MAJ; 12 @ Las Palmas; 1425 Camino Norte
NOTICE: This message originated outside of The City of Palm Springs ‐‐ DO NOT CLICK on links or open attachments unless you are sure the content is safe.

Dear Sir/Madam,

I agree 100% with our neighbor's letter below and attached.

For the reasons listed, the egress for this project needs to stay where it pre-exists for this property on Palm Canyon Drive.

On occasion, I have had to jump out of the way of traffic on that corner on Camino Norte. Having the main entrance to the site be there will only increase the dangers. AS Paul states, the entrance to the original site was on N Palm Canyon and should remain there.

I also agree with Paul’s comments on the guest house with kitchenettes ‐ Having kitchenettes will promote higher density and possibly rentals (vacation rentals) in these Guest Houses, thus adding more traffic and noise to our quiet Old Las Palmas neighborhood.

I look forward to the City taking account of the view of the neighbors.

Regards,
Patrick Bellew

201 W Vereda Norte
Palm Springs, CA. 92262

-----Original Message-----
From: Paul Popowich <[email protected]>
To: [email protected]
Cc: [email protected] <[email protected]>
Sent: Mon, Sep 12, 2022 4:53 pm
Subject: Fwd: City of Palm Springs Case NOS. 5.1554 CUP, TTM 38416 & 3.4289 MAJ; 12 @ Las Palmas; 1425 Camino Norte

Subject: City of Palm Springs Case NOS. 5.1554 CUP, TTM 38416 & 3.4289 MAJ; 12 @ Las Palmas; 1425 Camino Norte

September 12, 2022
Mr. Hadwin
Director of Planning Services
City of Palm Springs
3200 E Tahquitz Canyon Way
Palm Springs, CA. 92262
Item 2A - Page 86
2 Email: [email protected]
RE: Case NOS. 5.1554 CUP, TTM 38416 & 3.4289 MAJ, 12 @ Las Palmas, 1425 Camino Norte Dear Mr. Hadwin :

Having reviewed the documents requested from the City of Palm Springs Planning Department, as a neighbor, living very close to the proposed project, I have some preliminary concerns which are as follows:

 While the project is called 12 @ Las Palmas, closer review shows 8 of the 12 units (if developer is granted a density exemption, per City Sect ion 93.23.14 E-2-b-i) will have GUEST HOUSES (detached residential living spaces with kitchenettes adding to the overall density and impact of the of the property). I suggest that the 8 additional Guest Houses be Excluded from the plan, or at the minimum, NOT include kitchenettes, thus making the spaces additional ensuite bedrooms only and NOT additional living spaces. Why is this important? Having kitchenettes will promote higher density and possibly rentals (vacation rentals) in these Guest Houses, thus adding more traffic and noise to our quiet Old Las Palmas neighborhood.

 All Development access to and from the property is via Camino Norte.

 This access is north of Verda Norte, at the bend on Camino Norte – an area of poor ingress/egress visibility at the bend causing potential safety issues to pedestrians and vehicles. Since the City has failed to require a Traffic Study for this project, it is difficult to predict the impact of traffic given the 31 on- site parking spaces as people travel through our quiet streets up to Vista Chino, or down to Verda Norte to Palm Canyon. Unfortunately, the City declined to require the Developer to provide a Traffic Study. A TRAFFIC and Neighborhood impact STUDY SHOULD BE MADE A REQUIREMENT OF THE DEVELOPER. Thereby showing projected daily ca r trips, parking availability (on neighborhood streets) and traffic patterns through our quiet neighborhood streets. Access to the property.
 Consistency and Safety:
 The other proposed project directly north of this (70+ affordable low income and senior citizen unit’s aka Agave at Palm Canyon) had a study and the results were that the proposed traffic entrance at the curve on Camino Norte was too confined and dangerous and the final approved result was that that entrance could only have an “emergency” locked gate, i.e. fire truck, ambulance entry access. It cannot be used daily by tenants when completed.
 The proposed ingress/egress for 12@Camino Norte must stay in line with the adjoining project (aka Agave at Palm Canyon) as it has been determined and understood by the city planning department there is a high possibility of accidents occurring at this narrow curve.

 Below are pictures showing the two ingress/ egress accesses on N. Palm Canyon to the property at the prior time when the property had buildings on it. If a Camino Norte entrance is necessary, it should be ingress only and a traffic light be installed at Verda Norte and N. Palm Canyon because of the increased neighborhood traffic due to this project AND also the north adjoining parcel of land (Agave at Palm Canyon), which when built, will house 70+ affordable senior apartment units.

 It’s unclear if the City/Developer will br idge the non-existent sidewalk between the southside of the Pompey Condominium Complex and the property just south of this pro
ject on Camino Norte. For safety reasons, the sidewalk must be bridged.

Item 2A - Page 87
3 
Sincerely,

Paul K. Popowich, 247 W Stevens Road Unit 10, Palm Springs, CA 92264 | 323-610-7285 | [email protected]
Cc: Mayor, Mayor Pro-Term and City Council of Palm Springs

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Item 2A - Page 88
1 David Newell
From: [email protected]
Sent: Tuesday, September 13, 2022 1:27 AM
To: Planning
Cc: Lisa Middleton; Geoff Kors; Grace Garner; Dennis Woods; Llubi Rios; [email protected] Subject: Fwd: City of Palm Springs Case NOS. 5.1554 CUP, TTM 38416 & 3.4289 MAJ; 12 @ Las Palmas; 1425 Camino Norte
Attachments: PAUL K. POPOWICH.pdf; IMG_0773.jpg; IMG_0772.jpg NOTICE: This message originated outside of The City of Palm Springs ‐‐ DO NOT CLICK on links or open attachments unless you are sure the content is safe.

To Whom it may concern,

I agree 100% with our neighbor's letter below and attached.

For the reasons listed, the egress for this project needs to stay where it pre-exists for this property on Palm Canyon Drive.

Regards,
Geno Carrara

201 W Vereda Norte
Palm Springs, CA. 92262

-----Original Message-----
From: Paul Popowich <[email protected]>
To: [email protected]
Cc: [email protected] <[email protected]>
Sent: Mon, Sep 12, 2022 4:53 pm
Subject: Fwd: City of Palm Springs Case NOS. 5.1554 CUP, TTM 38416 & 3.4289 MAJ; 12 @ Las Palmas; 1425 Camino Norte

Subject: City of Palm Springs Case NOS. 5.1554 CUP, TTM 38416 & 3.4289 MAJ; 12 @ Las Palmas; 1425 Camino Norte

September 12, 2022
Mr. Hadwin
Director of Planning Services
City of Palm Springs
3200 E Tahquitz Canyon Way
Palm Springs, CA. 92262
Email: [email protected]
RE: Case NOS. 5.1554 CUP, TTM 38416 & 3.4289 MAJ, 12 @ Las Palmas, 1425 Camino Norte Dear Mr. Hadwin :

Having reviewed the documents requested from the City of Palm Springs Planning Department, as a neighbor, living very close to the proposed project, I have some preliminary concerns which are as follows:

Item 2A - Page 89
2  While the project is called 12 @ Las Palmas, closer review shows 8 of the 12 units (if developer is granted a density exemption, per City Sect ion 93.23.14 E-2-b-i) will have GUEST HOUSES (detached residential living spaces with kitchenettes adding to the overall density and impact of the of the property). I suggest that the 8 additional Guest Houses be Excluded from the plan, or at the minimum, NOT include kitchenettes, thus making the spaces additional ensuite bedrooms only and NOT additional living spaces. Why is this important? Having kitchenettes will promote higher density and possibly rentals (vacation rentals) in these Guest Houses, thus adding more traffic and noise to our quiet Old Las Palmas neighborhood.

 All Development access to and from the property is via Camino Norte.

 This access is north of Verda Norte, at the bend on Camino Norte – an area of poor ingress/egress visibility at the bend causing potential safety issues to pedestrians and vehicles. Since the City has failed to require a Traffic Study for this project, it is difficult to predict the impact of traffic given the 31 on- site parking spaces as people travel through our quiet streets up to Vista Chino, or down to Verda Norte to Palm Canyon. Unfortunately, the City declined to require the Developer to provide a Traffic Study. A TRAFFIC and Neighborhood impact STUDY SHOULD BE MADE A REQUIREMENT OF THE DEVELOPER. Thereby showing projected daily ca r trips, parking availability (on neighborhood streets) and traffic patterns through our quiet neighborhood streets. Access to the property.
 Consistency and Safety:
 The other proposed project directly north of this (70+ affordable low income and senior citizen unit’s aka Agave at Palm Canyon) had a study and the results were that the proposed traffic entrance at the curve on Camino Norte was too confined and dangerous and the final approved result was that that entrance could only have an “emergency” locked gate, i.e. fire truck, ambulance entry access. It cannot be used daily by tenants when completed.
 The proposed ingress/egress for 12@Camino Norte must stay in line with the adjoining project (aka Agave at Palm Canyon) as it has been determined and understood by the city planning department there is a high possibility of accidents occurring at this narrow curve.

 Below are pictures showing the two ingress/ egress accesses on N. Palm Canyon to the property at the prior time when the property had buildings on it. If a Camino Norte entrance is necessary, it should be ingress only and a traffic light be installed at Verda Norte and N. Palm Canyon because of the increased neighborhood traffic due to this project AND also the north adjoining parcel of land (Agave at Palm Canyon), which when built, will house 70+ affordable senior apartment units.

 It’s unclear if the City/Developer will br idge the non-existent sidewalk between the southside of the Pompey Condominium Complex and the property just south of this project on Camino Norte. For safety reasons, the sidewalk must be bridged. 
Sincerely,

Paul K. Popowich, 247 W Stevens Road Unit 10, Palm Springs, CA 92264 | 323-610-7285 | ppop
[email protected]
Cc: Mayor, Mayor Pro-Term and City Council of Palm Springs

Item 2A - Page 90
1 David Newell
From: jane sweeney <[email protected]>
Sent: Tuesday, September 13, 2022 7:04 AM
To: Planning
Subject: Concerns about 12@Las Palmas
NOTICE: This message originated outside of The City of Palm Springs ‐‐ DO NOT CLICK on links or open attachments unless you are sure the content is safe.

Dear Mr. Hadwin,
I am a resident of La Siesta Villas, #15, and live on Camino Norte, the S. E. side of our complex.  I have concerns about the 12@ Las Palmas, 1425 Camino Norte, proposed  development.

My first concern is the density.  Not only are there 12 planned units, but th ere  are 8 additional units.  They are called guest units but would be complete with ensuite and kitchenette, meaning they could become rental units. That means at full  occupancy 20 units, people and cars would be routed on to Camino Norte.

That is my second concern.  The street takes a right turn close to the access of 12@ Las Palmas.  Visibility is limi ted and would be potentially very dangerous.  That area is a popular walking, dog walking and biking area with no sidewalks, so the street is used. With more people living in the area cars will be parked along that area of Camino Norte . The street will be even narrower with less visibility.

I believe the 12+8 living accommodations are too much for the limited space and access.  Is a traffic study planned??  Before rushing to accept the 12@ Las Palmas more study is needed to understand the impact of adding tha t many people and cars to our neighborhood.  A 70 person complex, The Agave, is already planned for just to the north of this development.

Sincerely,
Jane Sweeney
247 West Stevens Rd.

Palm Springs, CA 92262
651‐303‐8679
Item 2A - Page 91
1 David Newell
From: Metcalf, Timothy <[email protected]>
Sent: Wednesday, September 14, 2022 9:21 AM
To: Planning
Subject: FW: [EXTERNAL] Fwd: City of Palm Springs Case NOS. 5.1554 CUP, TTM 38416 & 3.4289 MAJ; 12 @ Las Palmas; 1425 Camino Norte
Attachments: PAUL K. POPOWICH.pdf
NOTICE: This message originated outside of The City of Palm Springs ‐‐ DO NOT CLICK on links or open attachments unless you are sure the content is safe.

For the reasons listed, the egress for this project needs to stay where it pre-exists for this property on Palm Canyon Drive.

Thank you,

View the Metcalf Wealth Management Group brochure

From: Tim & Krissi Metcalf <[email protected]>
Sent: Tuesday, September 13, 2022 8:21 AM
To: Metcalf, Timothy (Newport Beach) <[email protected]> Subject: [EXTERNAL] Fwd: City of Palm Springs Case NOS. 5.1554 CUP, TTM 38416 & 3.4289 MAJ; 12 @ Las Palmas; 1425 Camino Norte

KRISEA
Trusted, Well Appointed Vacation Homes & Exceptional Service

Begin forwarded message:

From: [email protected]
Date: September 13, 2022 at 1:28:44 AM PDT
To: [email protected]
Cc: [email protected], [email protected], Item 2A - Page 92
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2 [email protected], [email protected], [email protected], [email protected]
Subject: Fwd: City of Palm Springs Case NOS. 5.1554 CUP, TTM 38416 & 3.4289 MAJ; 12 @ Las Palmas; 1425 Camino Norte
Reply-To: [email protected]

To Whom it may concern,

I agree 100% with our neighbor's letter below and attached.

For the reasons listed, the egress for this project needs to stay where it pre-exists for this property on Palm Canyon Drive.

Regards,
Geno Carrara

201 W Vereda Norte
Palm Springs, CA. 92262

-----Original Message-----
From: Paul Popowich <[email protected]>
To: [email protected]
Cc: [email protected] <[email protected]>
Sent: Mon, Sep 12, 2022 4:53 pm
Subject: Fwd: City of Palm Springs Case NOS. 5.1554 CUP, TTM 38416 & 3.4289 MAJ; 12 @ Las Palmas; 1425 Camino Norte

Subject: City of Palm Springs Case NOS. 5.1554 CUP, TTM 38416 & 3.4289 MAJ; 12 @ Las Palmas; 1425 Camino Norte

September 12, 2022
Mr. Hadwin
Director of Planning Services
City of Palm Springs
3200 E Tahquitz Canyon Way
Palm Springs, CA. 92262
Email: [email protected]
RE: Case NOS. 5.1554 CUP, TTM 38416 & 3.4289 MAJ, 12 @ Las Palmas, 1425 Camino Norte
Dear Mr. Hadwin :

Having reviewed the documents requested fr om the City of Palm Springs Planning Department, as a neighbor, living very close to the proposed project, I have some preliminary concerns which are as follows:

 While the project is called 12 @ Las Palmas, closer review shows 8 of the 12 units (if developer is granted a density exemption, per City Section 93.23.14 E-2-b-i) will have GUEST HOUSES (detached residentia l living spaces with kitchenettes adding to the overall density and impact of the of the property). I suggest that the 8 additional Guest Houses be Excluded from the plan, or at the minimum, NOT include kitchenettes, thus making the spaces additional ensuite bedrooms only and NOT additional living spaces. Why is this Item 2A - Page 93
3 important? Having kitc henettes will promote higher density and possibly rentals (vacation rentals) in these Gu est Houses, thus adding more traffic and noise to our quiet Old Las Palmas neighborhood.

 All Development access to and from the property is via Camino Norte.

 This access is north of Verda Norte, at the bend on Camino Norte – an area of poor ingress/egress visibilit y at the bend causing potential safety issues to pedestrians and vehicles. Since the City has failed to require a Traffic Study for this project, it is difficult to predict the impact of traffic given the 31 on-site parking spaces as people travel through our quiet streets up to Vista Chino, or down to Verda Norte to Palm Canyon. Unfortunately, the City declined to require the Developer to provide a Traffic Study. A TRAFFIC and Neighborhood impact STUDY SHOULD BE MADE A REQUIREMENT OF THE DEVELOPER. Thereby showing projected daily car trips, pa rking availability (on neighborhood streets) and traffic patterns through our quiet neighborhood streets. Access to the property.
 Consistency and Safety:
 The other proposed project directly north of this (70+ affordable low income and senior citizen unit’s aka Agave at Palm Canyon) had a study and the results were that the proposed traffic entrance at the curve on Camino Norte was too confined and dangerous and the final approved result was that that entrance could only have an “emergency” locked gate, i.e. fire truck, ambulance entry access. It cannot be used daily by tenants when completed.
 The proposed ingress/egress for 12@Camino Norte must stay in line with the adjoining project (aka Agave at Palm Canyon) as it has been determined and understood by the city planning department there is a high possibility of accidents occurring at this narrow curve.

 Below are pictures showing the two ingress/egress accesses on N. Palm Canyon to the property at the prior time when the property had buildings on it. If a Camino Norte entrance is necessary, it should be ingress only and a traffic light be installed at Verda Norte and N.

Palm Canyon because of the increased neighborhood traffic due to this project AND also the north adjoining parcel of land (Agave at Palm Canyon), which when built, will house 70+ affordable senior apartment units.

 It’s unclear if the City/Developer will bridge the non-existent sidewalk between the southside of the Pompey Condominium Complex and the property just south of this project on Camino Norte. For safety reasons, the sidewalk must be bridged.

Sincerely,

Paul K. Popowich, 247 W Stevens Road Unit 10, Palm Springs, CA 92264 | 323-610- 7285 | [email protected]
Item 2A - Page 94
4 Cc: Mayor, Mayor Pro-Term and City Council of Palm Springs

Item 2A - Page 95
5 Item 2A - Page 96
6 Item 2A - Page 97
7 This message, and any of its attachments, is for the intended recipient(s) only, and it may contain information that is privileged, confidential, and/or proprietary and subject to important terms and conditions available at http://www.stifel.com/disclosures/emaildisclaimers/. If you are not the intended recipient, please delete this message and immediately notify the sender. No confidentiality, privilege, or property rights are waived or lost by any errors in transmission.

Item 2A - Page 98
1 David Newell
From: Barbara Stevenson <[email protected]>
Sent: Wednesday, September 14, 2022 1:27 PM
To: Planning
Subject: Camino Norte/Palm Canyon Proposed Development
NOTICE: This message originated outside of The City of Palm Springs ‐‐ DO NOT CLICK on links or open attachments unless you are sure the content is safe.

14-Sep-22 12:40

:Message Subject > Public Comment.
:

Regarding:

YOKANG ZHOU FOR A CONDITIONAL USE PERMIT, MAJOR DEVELOPMENT PERMIT AND TENTATIVE TRACT MAP TO CONSTRUCT A 12-UNIT MULTIPLE-

FAMILY RESIDENTIAL DEVELOPMENT CONSISTING OF FOR-SALE
CONDOMINIUMS ON A 0.95-ACRE SITE LOCATED AT 1424 CAMINO NORTE, ZONE C-1 AND R-2 (CASE NOS. 3.4289 MAJ/DP, 5.1554 CUP & TTM 38416) (DN) RECOMMENDATION: Approve, subject to conditions.

I assert that there is not sufficient parking for this proposed development. Probably the units with 2-car plus driveway parking are OK, but there are several units with only 2- car parking, and more with only 1-car parking. And, it looks to me like there are only 3 guest parking spaces for the 12 condos (although these three spaces may be reserved for the 1-car parking units?).

There is no parking available on Camino Norte adjacent to the proposed development because the houses across the street have used their “aprons” for landscaping so there is only the two lane street, with no street parking available. If people park on Camino Norte adjacent to the development they will be parking in one lane or the other of the city street.

Even if the development creates an “apron” for its side of Camino Norte, that would yield parking for only a couple of cars.

The proposal looks like it throws parking into adjacent streets – on other property owners’ property, which is patently unfair, unless the developer makes financial arrangements with the homeowners.

The rest of us in the nei
ghborhood deal with guest parking on our own properties, or get permission from neighbors if we are having a large event and require more parking than available on our property.

Item 2A - Page 99
2 In short, more parking is necessary inside the development for it to house 12 condos.

Thank you.

Barbara Stevenson
760-778-8070
Item 2A - Page 100

On Oct 11, 2022, at 9:29 AM, Bellew, Anthony P <[email protected]> wrote:

Dear Mr Hadwin

Firstly, I want to thank Paul for sharing the letter, which is a great summary of the issues that many of my neighbors and I have discussed and agree with.

We all have had instances of danger on this bend at Camino Norte. Personally, I have had a number of near misses with vehicles, myself and my dog on this bend, since 2019 (when I bought on Vereda Norte and moved into the area).

My reason for writing is that I also want to put on the record that Planning Services should take these concerns of residents of the area very seriously at this point when there is time to influence the approvals and design. Due and proper of the risks and options are required as well as appropriate and timely communications with the residents of the area.

Yours sincerely

PSA Bellew
201 Vereda Norte.

Anthony Bellew

Anthony Bellew
Managing Director
Deloitte Tax LLP

+1 312 576 6062

[email protected] | www.deloitte.com

Please consider the environment before printing.

Item 2A - Page 101

From: Lauren Davee
To: Planning; Christopher Hadwin
Cc: David Newell; Lauren Davee
Subject: Letter - Re: City of Palm Springs Case NOS. 5.1554 CUP, TTM 38416 & 3.4289 MAJ; 12 @ Las Palmas; 1425 Camino Norte
Date: Tuesday, October 11, 2022 1:20:27 PM
Attachments: Letter - Neighbor Response to @12 Las Palmas Project.pdf NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.

Christopher Hadwin, Director of Planning Services
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262

RE: CASE NOS. 5.1554 CUP, TTM 38416 & 3.4289 MAJ
12@ LAS PALMAS
1425 CAMINO NORTE

Dear Mr. Hadwin, please submit the attached written comment to the Planning Commission for their review and to be part of the 12@ Las Palmas public hearing on 10/12/2022.

Please confirm your receipt of this email and attached letter.

Thank you,

Lauren Adamski-Davee
Stephen & Roberta Edelstein

Item 2A - Page 102
CASE NOS. 5.1554 CUP, TTM 38416 & 3.4289 MAJ
12@ LAS PALMAS
1425 CAMINO NORTE

Christopher Hadwin, Director of Planning Services
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262

Dear Mr. Hadwin and Planning Commission:

As neighbors, living very near the proposed @12 Las Palmas project, we have the following concerns:

• While the project is called 12@ Las Palmas, closer review shows 8 of the 12 units will have GUEST HOUSES (detached residential living units) adding to the overall density and impact of the of the property and street parking. Each is approximately 425 square feet and includes kitchenette and separate access. These 8 additional units add more dwelling spaces to the development, especially if they can be rented separately as short (STR’s) or even long-term rentals. Also, they will add to an overflow of on-street parking since there are only 3 guest parking spaces total within the complex.

• All access is to and from the property is via Camino Norte. This access is near Verda Norte, at the bend on Camino Norte, with poor ingress/egress visibility at the blind curve.

• Since the only project access is Camino Norte, residents will access ‘Palm Canyon’ either by heading north to Vista Chino, or south to Verda Norte. Since a Traffic Study is not being required, one can only imagine how much traffic the 31 on-site parking spaces will add to our quiet residential neighborhood streets and on-street parking.

Please consider adding to final approval, ‘Subject to Conditions’ addressing safety and quality of lifestyle concerns to preserve and protect historical Old Las Palmas and our neighborhood.

Sincerely,

Lauren Adamski-Davee
La Siesta Villas, unit 11 (SE corner Kaweah Rd and Camino Norte) Palm Springs 92262
[email protected]
206-794-3397

Stephen & Roberta Edelstein
201 Camino Norte
Palm Springs 92262
[email protected]
858-922-8875
Item 2A - Page 103

PAUL K. POPOWICH
247 W Stevens Road Unit 10, Palm Springs, CA 92264 | 323-610-7285 | [email protected]
October 11, 2022
Mr. Hadwin
Director of Planning Services
City of Palm Springs
3200 E Tahquitz Canyon Way
Palm Springs, CA. 92262
Email: [email protected]
RE: Case NOS. 5.1554 CUP, TTM 38416 & 3.4289 MAJ, 12 @ Las Palmas, 1425 Camino Norte Dear Mr. Hadwin:

Having reviewed the documents requested from the City of Palm Springs Planning Department, as a neighbor, living very close to the proposed project, I have some preliminary concerns which are as follows:

• While the project is called 12 @ Las Palmas, closer review shows 8 of the 12 units (if developer is granted a density exemption, per City Section 93.23.14 E-2-b-i) will have GUEST HOUSES (detached residential living spaces with kitchenettes adding to the overall density and impact of the of the property). I suggest that the 8 additional Guest Houses be excluded from the plan, or at the minimum, not to include kitchenettes, thus making the spaces additional ensuite bedrooms only and NOT additional living spaces. Why is this important? Having kitchenettes will promote higher density and possibly rentals (vacation rentals) in these Guest Houses, thus adding more traffic and noise to our quite Old Las Palmas neighborhood. Lastly, no-vacation rentals should be allowed because we have too many already in our neighborhood which the City Council will soon be taking a look at.

• All Development access to and from the property is via Camino Norte.

• This access is north of Verda Norte, at the bend on Camino Norte – an area of poor ingress/egress visibility at the bend causing potential safety issues to pedestrians and vehicles. Since the City has failed to require a Traffic Study for this project, it is difficult to predict the impact of traffic given the 31 on-site parking spaces as people travel through our quiet streets up to Vista Chino, or down to Verda Norte to Palm Canyon. Unfortunately, the City declined to require the Developer to provide a Traffic Study. A TRAFFIC and Neighborhood impact STUDY SHOULD BE MADE A REQUIREMENT OF THE DEVELOPER. Thereby showing projected daily car trips, parking availability (on neighborhood streets) and traffic patterns through our quiet neighborhood streets. Access to the property.

• Consistency and Safety:

Item 2A - Page 104

2 • The other proposed project directly north of this (70+ affordable low income and senior citizen unit’s aka Agave at Palm Canyon) had a study and the results were that the proposed traffic entrance at the curve on Camino Norte was too confined and dangerous and the final approved result was that that entrance could only have an “emergency” locked gate, i.e. fire truck, ambulance entry access. It cannot be used daily by tenants when completed.

• The proposed ingress/egress for 12@Camino Norte must stay in line with the adjoining project (aka Agave at Palm Canyon) as it has been determined and understood by the city planning department there is a high possibility of accidents occurring at this narrow curve.

• Below are pictures showing the two ingress/egress accesses on N. Palm Canyon to the property at the prior time when the property had buildings on it. If a Camino Norte entrance is necessary, it should be ingress only and a traffic light be installed at Verda Norte and N. Palm Canyon because of the increased neighborhood traffic due to this project AND also the north adjoining parcel of land (Agave at Palm Canyon), which when built, will house 70+ affordable senior apartment units.

• It’s unclear if the City/Developer will bridge the non-existent sidewalk between the southside of the Pompey Condominium Complex and the property just south of this project on Camino Norte. For safety reasons, the sidewalk must be bridged.

• Because the sharp curve on W Camino Del Norte curve isn’t safe to drivers and pedestrians, there should be calming signage, speed bumps and no street parking.

Sincerely,

Paul K. Popowich

Item 2A - Page 105
Item 2A - Page 106
Item 2A - Page 107
From: Garth Gilpin
To: Planning; David Newell; Peter (Lauren) Morruzzi; Lisa Middleton Cc: [email protected]; Jeff Ballinger-C; Geoff Kors Subject: 12@Las Palmas City Building code possible Violations Date: Tuesday, October 11, 2022 12:21:58 PM
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.
1)PLN #10 No offsite Parking: Code states “unless a parking management plan has been approved” no vehicles associated with the project can park offsite. Has a parking management study been completed? If so please forward a copy before tomorrow’s meeting.
2)FID # 10 Dead Ends: Dead ends further than 150’ require a turn around. The dead end driveway is 280’ long with no turn arounds.
3)FID # 12 Driveways: First floor of any building shall be no more than 150’ from the driveway and the last front unit on the south is 250+ from the driveway.

This project is not in conformance with Palm Springs building codes. Please consider making it compliant.

Had the planning department performed a “traffic study” as requested by highly concerned neighbors over a dangerous inadequate blind curved roadway this intense
review of a welcomed neighborhood project would not have occurred.

Thank you,
Garth Gilpin
A Neighbor
Item 2A - Page 108
From: Garth Gilpin
To: David Newell; Planning
Cc: Rick Minjares; Jeff Ballinger-C; Geoff Kors
Subject: 12 @ Las Palmas -Trash concern
Date: Monday, October 10, 2022 3:13:00 PM
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.

Dear Mr. Newell:

Your return email to me on 09/19/22 stated Palm Springs Disposal had determined individual trash receptacles will be provided
to each of the 12 units and the Planning Commission report states receptacles to be located in garages and screened.

Concern:

There are 8 “accessory units” with kitchenetts that are separated from the 8 main dwellings by a private yard area.

These 8 units have main entrances off of Palm Canyon with a communal pedestrian access pathway near the center

of the frontage for residents and their guests to enter the complex.

What do they do with their trash???

Resolves:

1)The owners of the main dwellings will have to give these residents daily access to their garages to dispose of food

scraps, diapers, waste etc.

2) Provide the 8 accessory units with the 3 trash containers required by law??? On trash pickup day there is a potential

of 24 trash

containers on Palm Canyon. These 8 units have no parking so Palm Canyon will be their choice for parking

and trash can area on trash day.

3) Eliminate both the kitchenetts and Palm Canyon entrances and have individual back yard passages

thus making the accessory units a true “family” unit and not rental units or STR’s that have street parking only.

Thank you for understanding that the design of these accessory units is questionable and potentially unsanitary.

Respectfully,

Garth Gilpin
Item 2A - Page 109
A Neighbor
Item 2A - Page 110
From: David and Ruth Silver
To: Planning; Lisa Middleton; Peter Moruzzi; Rick Minjares; Geoff Kors; Jeff Ballinger-C Subject: Fwd: CASE NOS.5.1554 CUP, TTM 38416 & 3.4289 MAJ; 12@LAS PALMAS Date: Wednesday, October 12, 2022 10:44:34 AM
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.
---------- Forwarded message ---------
From: David and Ruth Silver <[email protected]>
Date: Wed, Oct 12, 2022 at 10:37 AM
Subject: CASE NOS.5.1554 CUP, TTM 38416 & 3.4289 MAJ; 12@LAS PALMAS To: <[email protected]
>
Cc: Lisa Middleton <[email protected]>, Peter Moruzzi <[email protected]>, Rick Minjares <[email protected]>, Geoff Kors <[email protected]>, Jeff Ballinger <Jeff.Ballinger- [email protected]>
Mr. Hadwin and Members of the Palms Springs Planning Commission< My wife and I are neighbors who live at La Siesta Villas. Our entry

is

on Camino Norte, just
north of the planned entry/exit to this development.

We believe this development will be a
great asset to this area of Las Palmas

and have two comments that we wish to share with you.

The curb/gutter and sidewalk addition to Camino Norte will

be a major improvement to the
safety of pedestrians. The current absence

of a sidewalk and curb close to the sharp curve on
Camino Norte just north of planned entry to this development presents a major hazard to those of us who have to walk our dogs on this narrow section of road during the day and night.

Thank you for requiring this improvement.

There

is a lot of concern by many neighbors that the addition

of thirty cars combined with the
development of the adjacent Aloe (formerly Agave) project will generate a significant increase in vehicle traffic on this section of N Camino and N Kawea, both

local roads based on our ten-
year residence in this location and recognition that right turns are preferable to left ones because they are safer.

We believe that the plan would be improved for both the future residents of this development as well as the neighbors on this section of N Camino and N Kaeah

by creating a southbound
only (right turn only) entry/exit onto N Palm Canyon. This limited entry would take some of the vehicular traffic off of N Camino and N Kaweah and provide better access to the future residents as well as service and emergency vehicles requiring access to this development. It would also bring this development into closer conformity with section 93.05.00 of the Vehicular Access section of the California Zoning Code, particularly

section (B).

Providing
only southbound access to N Palm Canyon would not be any greater detriment to the traffic flow on that maajor road than the streets and driveways currently on that section of road.

Item 2A - Page 111
Thank you for your consideration of this idea.

David and Ruth Silver
Sorry that the prior unfinished email got sent before completion.

A
Item 2A - Page 112
From: Garth Gilpin
To: Planning
Cc: Jeff Ballinger-C; Geoff Kors
Subject: Neighborhood support for Traffic Study - 12@ Las Palmas Agenda Item 2B Date: Monday, December 12, 2022 3:23:33 PM
Attachments: HPSCAN_2022120920593998_2022-12-09_210027304.pdf NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.

Dear Planning Commission:

The attached is a 2 page list which lists 18 neighbors who are concerned about the lack of a Traffic Study for this project.

The 2nd page show their location relevant to the curve in question. Your re-consideration of our request to include this study is appreciated.

We want to reiterate this is a very welcome project but SAFETY must be a consideration also.

Thank you, your neighbors
Garth Gilpin, Elizabeth Smalley, Gene Carrara
Anthony Bellew, Gary Goode, Debby Goode
Tim Metcalf, Krissi Metcalf, Gary Miller
Terri Miller, Paul Popowich, Laureen Adamski Davee
Tim Schoeffler, Donna Kohl, John Croel
Stephen Edelstein, Roberta Edelstein, Dennis Ortiz
Item 2A - Page 113
Item 2A - Page 114
List of Neighbors requesting a "traffic Study" fo r 12@Camino Norte Project Garth Gilpin 1441 N. Kaweah Rd.

Dr. Elizabeth Smalley 1441 N. Kaweah Rd.

Gene Carrara 201 W. Vereda Norte
Anthony Bellew 201 W. Vereda Norte
Gary Goode 301 Camino Norte
Debby Goode 301 Camino Norte
Tim Metcalf 246 W. Vereda Norte
Krissi Metcalf 246 W. Vereda Norte
Gary Miller 295 Camino Norte
Terri Miller 295 Camino Norte
Paul Popowich 1430 N. Kaweah Rd.

Lauren Adamski Davee 230 Camino Norte
Tim Schoefler
Donna Kohl
John Croel
Stephen Edelstein
Roberta Edelstein
Dennis Ortiz
339 W. Vereda Norte
323 W. Stevens Rd.
240 W. Stevens Road
201 Camino Norte
201 Camino Norte
223 W. Stevens Rd.

Item 2A - Page 115
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Hermosa Beach Office
Phone: (310) 798-2400

San Diego Office
Phone: (619) 940-4522

Chatten-Brown, Carstens & Minteer LLP
2200 Pacific Coast Highway, Suite 318
Hermosa Beach, CA 90254
www.cbcearthlaw.com

Amy C. Minteer
Email Address:
[email protected]
Direct Dial:
310-798-2409

December 12, 2022

Via Email ([email protected])
Planning Commission
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, California

Re: Request for Traffic Safety Report for 12@Las Palmas; Agenda Item 2B

Honorable Commissioners:

On behalf of neighbors
1 of the proposed multifamily residential development 12@ Las Palmas, LLC located at 1424 Camino Norte (“Project”), we provide the following comments regarding this Project. First, the surrounding community is pleased to see an attractive townhome development planned for this site. We also greatly appreciate the Commission’s efforts to address the landscape and waste disposal plans for the Project.

However, neighbors of the Project have substantial concerns regarding the traffic safety of the Project due to the location of its sole ingress/egress on Camino Norte adjacent to a narrow, blind curve. Community members have provided the Commission with personal observations of the existing hazard to vehicles and pedestrians posed by this blind curve, identifying narrowly missing collisions between vehicles and between vehicles and pedestrians. These personal observations provide substantial evidence of existing traffic safety impacts on Camino Norte, and the reasonable assumption that installing the sole vehicular access point to the Project at the dangerous blind curve could exacerbate those existing traffic safety impacts. (Protect Niles v. City of Fremont (2018) 25 Cal.App.5th 1129, 1152; Mejia v. City of Los Angeles (2005) 130 Cal.App.4th 322, 340-42; Keep Our Mountains Quiet v. County of Santa Clara (2015) 236 Cal.App.4th

1 These neighbors include: Garth Gilpin (1441 N. Kaweah Rd); Dr. Elizabeth Smalley (1441 N.

Kaweah Rd); Gene Carrara (201 W. Vereda Norte); Anthony Bellew (201 W. Vereda Norte); Gary Goode (301 Camino Norte); Debby Goode (301 Camino Norte); Tim Metcalf (246 W.

Vereda Norte); Krissi Metcalf (246 W. Vereda Norte); Gary Miller (295 Camino Norte); Terri Miller (295 Camino Norte); Paul Popowich (1430 N. Kaweah Rd.); Lauren Adamski Davee (230 Camino Norte); Tim Schoefler (339 W. Vereda Norte); Donna Kohl (323 W. Stevens Rd); John Croel (240 W. Stevens Rd); Stephen Edelstein (201 Camino Norte); Roberta Edelstein (201 Camino Norte); and Dennis Ortiz (223 W. Stevens Rd).

Item 2A - Page 116

Palm Springs Planning Commission
December 12, 2022

714, 735.) We are urging the City to conduct a traffic safety study to assess these traffic hazards and identify measures or design revisions that would reduce or eliminate these hazards.

Without such traffic safety study, the City cannot rely upon a Class 32 categorical exemption to environmental review under the California Environmental Quality Act (“CEQA”). The City has the burden of demonstrating that substantial evidence supports its finding that the Project falls within the Class 32 exemption. (Santa Monica Chamber of Commerce v. City of Santa Monica (2002) 101 Cal.App.4th 786, 792.) A Class 32 exemption applies to in-fill development and only applies if the project meets specific conditions, for which it is the City’s burden to prove, including that approval of the Project “would not result in any significant effects relating to traffic, noise, air quality, or water quality.” (CEQA Guidelines § 15332, emphasis added.)

Thus far, the City has declined to prepare any traffic study because the 12-units in the Project will not generate a high number of vehicle trips. That is non-responsive to the community’s personal observations of traffic hazards resulting from location of the Project’s entrance at a blind curve. There is no evaluation of whether there is adequate sight distance for vehicles entering or exiting the Project site to do safely, without the risk of collisions with other vehicles or pedestrians. The City previously understood the risks associated with installing a driveway at this curve, conditioning the adjacent housing development to only allow emergency vehicular access at this location. The City should require analysis of the risk for the Project. Without such traffic safety analysis, the City cannot meet its burden to demonstrate the Project “would not result in any significant effects relating to traffic” and, thus, cannot rely on a Class 32 exemption to CEQA.

The lack of traffic safety analysis also prevents reliance on a categorical exemption because CEQA prohibits use of a categorical exemption when “there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.” (CEQA Guidelines § 15300.2, subd. (c).) The unusual circumstances here is the hazardous blind curve and there is a reasonable possibility that traffic hazard impacts may occur if the Project’s only access is provided adjacent to this blind curve.

For these reasons, and those set forth in comments submitted individually by the community, we urge the City to require a traffic safety report and follow the recommendations of that report to make this both an attractive and safe Project.

Item 2A - Page 117
Palm Springs Planning Commission
December 12, 2022

Thank you for your time and consideration in this matter.

Sincerely,

Amy Minteer

Cc:

Terri Hintz, Administrative Coordinator ([email protected] )
Christopher Hadwin, Planning Director ([email protected]) David Newell, Assistant Planning Director ([email protected]) Item 2A - Page 118
From: Elizabeth Smalley
To: Planning
Subject: Project@12
Date: Tuesday, December 13, 2022 9:53:12 PM
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.

Please address our concerns about the blind curve by the proposed condo complex up for discussion by the planning commission. If there is no other ingress/egress available, and no traffic study is mandated, then what is the solution for the narrow road/blind curve? Could we get red curbs and no parking signs? What about trucks etc that will be working on the development? We are in favor of the proposed building project, but need this concern addressed. It is a very dangerous stretch as it is narrow to begin with. Any parked vehicles basically narrow the street to 1 lane.

Thank you for addressing this.

Elizabeth Smalley M.D.
1441 N Kaweah
PS 92262
Sent from my iPad
Item 2A - Page 119

ATTACHMENT H
Item 2A - Page 120
project title:
12 @ LAS PALMAS
-
1089 n. palm canyon dr.
suite_b
Palm Spring_CA 92252
tel _ 760 778 8165
www.o2arch.com
address:

CAMINO NORTE

PALM SPRINGS, CA
92262
APN'S:
505-182-005
505-182-007
Architecture
sheet description:
date: 12_5_2022
Schematic Design
-not for construction-
A
C
ATS
O
ETEXP.F
IN 05-31-23
FILA
OR
ETI
C
No. C-26815ECLI
DESN
HCRA
T
LANCE C. O'DONNELL

CAMINO NORTE
PALM SPRINGS, CA 92262

COVER SHEET
-
scale: not to scale
A0.1
DRAWING INDEX:

A0.1 COVER SHEET
A0.2 3D PERSPECTIVES & PROJECT DATA
C1.0 GRADING PLAN
C2.0 GRADING PLAN
C3.0 GRADING PLAN
C4.0 GRADING PLAN
L1.0 LANDSCAPE PLAN
A1.0 SITE PLAN
A1.1 SITE SECTIONS
A1.2 FLOOR PLAN - FIRST FLOOR
A1.3 FLOOR PLAN - SECOND FLOOR
A1.4 FLOOR PLAN - THIRD FLOOR
A1.5 ROOF PLAN
A2.0 EXTERIOR ELEVATIONS
A2.1 EXTERIOR ELEVATIONS
12@ LAS PALMAS

SCHEMATIC DESIGN
PROPERTY INFORMATION:

ASSESSOR'S PARCEL NUMBER: 505-182-005
505-182-007
LEGAL DESCRIPTION:

PARCELS 7 AND 11 THE NORTH HALF OF LOT 10 IN BLOCK A OF LAS

PALMAS ESTATES, IN THE CITY OF PALM SPRINGS, COUNTY OF

RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15M PAGES 15 AND 16 OF MAPS, IN THE OFFICE OF THE COUNTY OR RECORDER OF SAID COUNTY.

LOT SIZE: 41,285 S.F. (0.95 ACRES)
ZONING: R2-C1
EXISTING USE: VACANT / UNDEVELOPED LAND
PROJECT INFORMATION:

BUILDING TYPE: TOWNHOME (R2 OCCUPANCY)
TYPE OF CONSTRUCTION: TYPE V-B
GROSS FLOOR AREA: 28,656 SF
FIRE SPRINKLERS: YES / PER SECTION R313.2
BUILDING HEIGHT / # OF STORIES: 30 FEET - 0 INCHES / THREE 30 FEET - 8 INCHES / THREE
24 FEET - 0 INCHES / TWO
LOT AREA: .95 ACRES / 41,285.7 Sq.Ft.

LOT COVERAGE: 39%
APPLICABLE CODES:

ALL CONSTRUCTION SHALL COMPLY WITHTHE FOLLOWING CODES:
-THE 2019 CALIFORNIA TITLE 24 BUILDING CODES PARTS 1-7, & 9-12 (ADMINISTRATIVE, BUILDING, RESIDENTIAL, ELECTRICAL, MECHANICAL,

PLUMBING, ENERGY, & GREEN CODE)
-THE 2019 CALIFORNIA FIRE CODE TITLE 24, PART 9, NFPA STANDARDS AS ADOPTED IN TITLE 24
PROJECT SCOPE OF WORK:

NEW CONSTRUCTION OF A 12 UNIT TOWNHOMES WITH ATTACHED
GARAGE; INCLUDING POOL, LANDSCAPE AND HARDSCAPE

IMPROVEMENTS ON AN UNDEVELOPED PARCEL

VICINITY MAPN
N. PALM CYN. DR.

N. INDIAN CYN. DR.

W. VISTA CHINO
N. WAWONA RD.

W. VIA SOL
W. VEREDA NORTE
W. STEVENS RD.

E. STEVENS RD.

E. CHUCKAWALLA RD.

N. CHAPARRAL RD.

E. CAMINO MONTE VISTA

PROJECT SITE
EAST PERSPECTIVE_STREET VIEW FROM NORTH PALM CANYON
WEST PERSPECTIVE_STREET VIEW FROM CAMINO NORTE
NORTHEAST PERSPECTIVE_STREET VIEW FROM NORTH PALM CANYON Item 2A - Page 121
project title:
12 @ LAS PALMAS
-
1089 n. palm canyon dr.
suite_b
Palm Spring_CA 92252
tel _ 760 778 8165
www.o2arch.com
address:

CAMINO NORTE

PALM SPRINGS, CA
92262
APN'S:
505-182-005
505-182-007
Architecture
sheet description:
date: 12_5_2022
Schematic Design
-not for construction-
A
C
ATS
O
ETEXP.F
IN 05-31-23
FILA
OR
ETI
C
No. C-26815ECLI
DESN
HCRA
T
LANCE C. O'DONNELL
3D PERSPECTIVES &

PROJECT DATA
-
scale: not to scale
A0.2
NORTHEAST PERSPECTIVE_BIRD'S EYE VIEW FROM NORTH PALM CANYONSOUTHWEST PERSPECTIVE_BIRD'S EYE VIEW FROM NORTH PALM CANYON NORTHWEST PERSPECTIVE_BIRD'S EYE VIEW FROM CAMINO NORTE

PROJECT AREA CALCULATIONS

PARKING STUDY
Item 2A - Page 122
“
”
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TWO WORKING DAYS BEFORE YOU DIG
Underground Service Alert
APPROVED DATEREVISIONNO.

LOCATION
BENCH
MARK
ELEV. PREPARED UNDER THE DIRECT SUPERVISION OF: DESIGN BY:

DRAWN BY:

REVIEWED BY:

CITY
CHECK
DATE

RIGHT-OF-
WAY

TRAFFIC
ENG'G
FIELD
ENG'G
::
::
::

INITIAL DATE
::
::
:: CITY OF PALM SPRINGS, CALIFORNIA
FILE NO.

DWG. NO.

OF SHTS.

SHEET

CADD FILE NAME
DIAL:
811
Item 2A - Page 123

TWO WORKING DAYS BEFORE YOU DIG
Underground Service Alert
APPROVED DATEREVISIONNO.

LOCATION
BENCH
MARK
ELEV. PREPARED UNDER THE DIRECT SUPERVISION OF: DESIGN BY:

DRAWN BY:

REVIEWED BY:

CITY
CHECK
DATE

RIGHT-OF-
WAY

TRAFFIC
ENG'G
FIELD
ENG'G
::
::
::

INITIAL DATE
::
::
:: CITY OF PALM SPRINGS, CALIFORNIA
FILE NO.

DWG. NO.

OF SHTS.

SHEET

CADD FILE NAME
DIAL:
811
Item 2A - Page 124

TWO WORKING DAYS BEFORE YOU DIG
Underground Service Alert
APPROVED DATEREVISIONNO.

LOCATION
BENCH
MARK
ELEV. PREPARED UNDER THE DIRECT SUPERVISION OF: DESIGN BY:

DRAWN BY:

REVIEWED BY:

CITY
CHECK
DATE

RIGHT-OF-
WAY

TRAFFIC
ENG'G
FIELD
ENG'G
::
::
::

INITIAL DATE
::
::
:: CITY OF PALM SPRINGS, CALIFORNIA
FILE NO.

DWG. NO.

OF SHTS.

SHEET

CADD FILE NAME
DIAL:
811
Item 2A - Page 125

TWO WORKING DAYS BEFORE YOU DIG
Underground Service Alert
APPROVED DATEREVISIONNO.

LOCATION
BENCH
MARK
ELEV. PREPARED UNDER THE DIRECT SUPERVISION OF: DESIGN BY:

DRAWN BY:

REVIEWED BY:

CITY
CHECK
DATE

RIGHT-OF-
WAY

TRAFFIC
ENG'G
FIELD
ENG'G
::
::
::

INITIAL DATE
::
::
:: CITY OF PALM SPRINGS, CALIFORNIA
FILE NO.

DWG. NO.

OF SHTS.

SHEET

CADD FILE NAME
DIAL:
811
Item 2A - Page 126
Item 2A - Page 127
UP
UP
UP
UP
UP
UP
UP
UP
1 A2.0
3 A2.1
2 A2.0
4 A2.1
4 A1.1
2 A1.1
2 A1.1
3 A1.1
1 A1.1
1 A1.1
4 A1.1
3 A1.1
UP
UPUP
23'-11
14"
24'-358"
40'-95 8"
94'-83 4"
26'-3"
10'-0"
25'-0"
5'-0"
5'-0"
5'-0"

SETBACK

SETBACK

SETBACK
5'-0"

SETBACK

SETBACK
5'-0"

SETBACK

SETBACK
N89° 50' 00''E 151.55'
S80° 54' 00''E 131.72'

CAMINO NORTE
S00° 10' 00''E 100.00'
LOT 7
MB 15/15 -16
A.P.N. : 505-182-005
S84° 57' 00''W 130.47'
S89° 50' 00''W 152.05'

40.08'
LOT 11
MB 15/15 -16
A.P.N. : 505-182-007
S00° 00' 00''E 172.50'
N. PALM CANYON DRIVE
LOT 6 & 12
MB 15/15 -16
A.P.N. : 505-182-004

0.10'
UNIT 01
PHS. 01
UNIT 02
PHS. 01
UNIT 03
PHS. 01
UNIT 04
PHS. 01
UNIT 05
PHS. 02
UNIT 06
PHS. 02
UNIT 07
PHS. 02
UNIT 08
PHS. 02
UNIT 09
PHS. 03
UNIT 10
PHS. 03
UNIT 11
PHS. 03
UNIT 12
PHS. 03
UNIT 05

GUEST HOUSE
PHS. 02
UNIT 06

GUEST HOUSE
PHS. 02
UNIT 07

GUEST HOUSE
PHS. 02
UNIT 08

GUEST HOUSE
PHS. 02
UNIT 09

GUEST HOUSE
PHS. 03
UNIT 12

GUEST HOUSE
PHS. 03
UNIT 11

GUEST HOUSE
PHS. 03
UNIT 10

GUEST HOUSE
PHS. 03
UNIT 05 PARKING
UNIT 06 PARKING
UNIT 07 PARKING
UNIT 10 PARKING
UNIT 11 PARKING
UNIT 12 PARKING
project title:
12 @ LAS PALMAS
-
1089 n. palm canyon dr.
suite_b
Palm Spring_CA 92252
tel _ 760 778 8165
www.o2arch.com
address:

CAMINO NORTE

PALM SPRINGS, CA
92262
APN'S:
505-182-005
505-182-007
Architecture
sheet description:
date: 12_5_2022
Schematic Design
-not for construction-
A
C
ATS
O
ETEXP.F
IN 05-31-23
FILA
OR
ETI
C
No. C-26815ECLI
DESN
HCRA
T
LANCE C. O'DONNELL
Schematic Design _ Site Plan
16'32' 0' 4' 8'

SITE PLAN
-
scale: 3/32" = 1'-0"
A1.0
Item 2A - Page 128

PROPERTY LINE

PROPERTY LINE

CAMINO NORTE

PALM CANYON
DRIVE
5'-0" SETBACK LINE
25'-0" SETBACK LINE
4 A1.1
3 A1.1

GARAGEKITCHEN DININGLIVING

BEDROOM CLOSET CLOSET CLOSET BEDROOM

ROOF DECKBEDROOM
UNIT 08

GUEST HOUSEBATH
+30'-0"
582.7'
+14'-0"
566.7'
+0'-0"
552.7' F.F.
+15'-3"
567.95'
+24'-0"
576.7'

PROPERTY LINE

PROPERTY LINE
5'-0" SETBACK LINE
5'-0" SETBACK LINE
2 A1.1
1 A1.1

KITCHEN

ROOF DECK

BEDROOM

ROOF DECKROOF DECKROOF DECK

BEDROOM BEDROOM BEDROOM

ROOF DECKROOF DECKROOF DECKROOF DECK

BEDROOMBEDROOMBEDROOMBEDROOM

KITCHENKITCHENKITCHENKITCHENKITCHENKITCHENKITCHEN
FUTURE

DEVELOPMENT
+30'-0"
582.7'
+14'-0"
566.7'
+0'-0"
552.7' F.F.
+15'-3"
567.95'
+24'-0"
576.7'
0'-0"

FUTURE DEVELOPMENT
558.5' F.F.

EXISTING

DEVELOPMENT
+30'-0"
582.1'
+14'-0"
566.1'
+0'-0"
552.1' F.F.
+15'-3"
567.35'
+24'-0"
576.1'

PROPERTY LINE

PROPERTY LINE
5'-0" SETBACK LINE
1 A1.1
2 A1.1
LIVING

BEDROOM
BEDROOMCLO.

LIVING

BEDROOM
BEDROOMCLO.

LIVING

BEDROOM
BEDROOMCLO.

LIVING

BEDROOM
BEDROOMCLO.

LIVING

BEDROOM
BEDROOM CLO.

LIVING

BEDROOM
BEDROOM CLO.

LIVING

BEDROOM
BEDROOM CLO.

LIVING

BEDROOM
BEDROOM CLO.

FUTURE

DEVELOPMENT
+30'-0"
582.7'
+14'-0"
566.7'
+0'-0"
552.7' F.F.
+15'-3"
567.95'
+24'-0"
576.7'
0'-0"

FUTURE DEVELOPMENT
558.5' F.F.
5'-0" SETBACK LINE

EXISTING
+30'-0"
582.1'
+14'-0"
566.1'
+0'-0"
552.1' F.F.
+15'-3"
567.35'
+24'-0"
576.1'

PROPERTY LINE

PROPERTY LINE

CAMINO NORTE PALM CANYON
DRIVE
5'-0" SETBACK LINE
25'-0" SETBACK LINE
3 A1.1
4 A1.1
UNIT 09

GUEST HOUSEBATHLIVINGDININGKITCHENGARAGE

BEDROOM BEDROOM CLOSET CLOSET CLOSET

ROOF DECK BEDROOM

GARAGEGARAGEGARAGEGARAGE

BEDROOMBEDROOMBEDROOMROOF DECK
+14'-0"
568.7'
+0'-0"
554.7'
+24'-0"
578.7'
+30'-0"
582.1'
+14'-0"
566.1'
+0'-0"
552.1' F.F.
+15'-3"
567.35'
+24'-0"
576.1'

BEDROOM
ENTRY
project title:
12 @ LAS PALMAS
-
1089 n. palm canyon dr.
suite_b
Palm Spring_CA 92252
tel _ 760 778 8165
www.o2arch.com
address:

CAMINO NORTE

PALM SPRINGS, CA
92262
APN'S:
505-182-005
505-182-007
Architecture
sheet description:
date: 12_5_2022
Schematic Design
-not for construction-
A
C
ATS
O
ETEXP.F
IN 05-31-23
FILA
OR
ETI
C
No. C-26815ECLI
DESN
HCRA
T
LANCE C. O'DONNELL
SITE

SECTIONS
-
scale: 3/32" = 1'-0"
A1.1
North-South Site Section
East-West Site Section
3 -
2 -
North-South Site Section
4 -
East-West Site Section
1 -
Item 2A - Page 129
UP
UP
UP
UP
UP
UP
UP
UP
1 A2.0
3 A2.1
2 A2.0
4 A2.1
4 A1.1
2 A1.1
2 A1.1
3 A1.1
1 A1.1
1 A1.1
4 A1.1
3 A1.1
UP
UPUP
GARAGE

KITCHEN
DINING
LIVING
POWDER
RM.

UNIT 04
GARAGE

KITCHEN
DINING
LIVING
POWDER
RM.

UNIT 03
GARAGE

KITCHEN
DINING
LIVING
POWDER
RM.

UNIT 02
DINING
GARAGE
LIVING
BATH

KITCHEN

BEDROOM
UNIT 01
GARAGE
ENTRY

KITCHEN
POWDER
RM.

DINING
LIVING
UNIT 10
GARAGE

KITCHENPOWDER
RM.

DINING
LIVING
UNIT 09
GARAGE
ENTRY

KITCHEN
POWDER
RM.

DINING
LIVING
UNIT 11
GARAGE
ENTRY

KITCHEN
POWDER
RM.

DINING
LIVING
UNIT 12
GARAGE
ENTRY

KITCHENPOWDER
RM.

DINING
LIVING
UNIT 07
GARAGE

KITCHENPOWDER
RM.

DINING
LIVING
UNIT 08
GARAGE
ENTRY

KITCHENPOWDER
RM.

DINING
LIVING
UNIT 06
GARAGE
ENTRY

KITCHENPOWDER
RM.

DINING
LIVING
UNIT 05
UNIT 09-
GUEST
HOUSE
UNIT 10-
GUEST
HOUSE
UNIT 11-
GUEST
HOUSE
UNIT 12-
GUEST
HOUSE
UNIT 08-
GUEST
HOUSE
UNIT 07-
GUEST
HOUSE
UNIT 06-
GUEST
HOUSE
UNIT 05-
GUEST
HOUSE
UNIT 05 PARKING
UNIT 06 PARKING
UNIT 07 PARKING
UNIT 10 PARKING
UNIT 11 PARKING
UNIT 12 PARKING
POWDER RM.

FLOOR PLAN

FIRST FLOOR
-
scale: 3/32" = 1'-0"
A1.2
project title:
12 @ LAS PALMAS
-
1089 n. palm canyon dr.
suite_b
Palm Spring_CA 92252
tel _ 760 778 8165
www.o2arch.com
address:

CAMINO NORTE

PALM SPRINGS, CA
92262
APN'S:
505-182-005
505-182-007
Architecture
sheet description:
date: 12_5_2022
Schematic Design
-not for construction-
A
C
ATS
O
ETEXP.F
IN 05-31-23
FILA
OR
ETI
C
No. C-26815ECLI
DESN
HCRA
T
LANCE C. O'DONNELL
Schematic Design _ Floor Plan_First Floor
16'32' 0' 4' 8'
Item 2A - Page 130
UPDN
UPDN
UPDN
UPDN
UPDN
UPDN
UPDN
UPDN
DN
UP
DN
UP
DN
UP
1 A2.0
3 A2.1
2 A2.0
4 A2.1
4 A1.1
2 A1.1
2 A1.1
3 A1.1
1 A1.1
1 A1.1
4 A1.1
3 A1.1
BATH

BEDROOM

BEDROOMBATH

BEDROOM
BATH
BATH

BEDROOM

BEDROOM
BATH

BEDROOM
BATH
BATH

BEDROOM

BEDROOM
BATH

BEDROOM
BATH
BATH

BEDROOM

BEDROOM
BATH

BEDROOM CLOSET CLOSET CLOSET BEDROOM

BATHBATH

BEDROOMCLOSET CLOSET CLOSETBEDROOM

BATHBATH

BEDROOMCLOSET CLOSET CLOSETBEDROOM

BATHBATH

BEDROOMCLOSETCLOSETCLOSETBEDROOM

BATHBATH

BEDROOM CLOSET CLOSET CLOSET BEDROOM

BATHBATH

BEDROOMCLOSET CLOSET CLOSETBEDROOM

BATHBATH

BEDROOMCLOSET CLOSET CLOSETBEDROOM

BATHBATH

BEDROOMCLOSET CLOSET CLOSETBEDROOM

BATHBATH

ROOF DECK

BEDROOM

LAUNDRY
BATH

FLOOR PLAN

SECOND FLOOR
-
scale: 3/32" = 1'-0"
A1.3
project title:
12 @ LAS PALMAS
-
1089 n. palm canyon dr.
suite_b
Palm Spring_CA 92252
tel _ 760 778 8165
www.o2arch.com
address:

CAMINO NORTE

PALM SPRINGS, CA
92262
APN'S:
505-182-005
505-182-007
Architecture
sheet description:
date: 12_5_2022
Schematic Design
-not for construction-
A
C
ATS
O
ETEXP.F
IN 05-31-23
FILA
OR
ETI
C
No. C-26815ECLI
DESN
HCRA
T
LANCE C. O'DONNELL
Schematic Design _ Floor Plan_Second Floor
16'32' 0' 4' 8'
Item 2A - Page 131
DN
DN
DN
DN
DN
DN
DN
DN
DN
DN
DN
1 A2.0
3 A2.1
2 A2.0
4 A2.1
4 A1.1
2 A1.1
2 A1.1
3 A1.1
1 A1.1
1 A1.1
4 A1.1
3 A1.1

BEDROOM

ROOF DECK ROOF DECK

ROOF DECK

ROOF DECK
BATHCLO.

BEDROOM ROOF DECK
BATHCLO.

BEDROOM ROOF DECK
BATHCLO.

BEDROOM ROOF DECK
BATHCLO.

BEDROOM ROOF DECK
BATHCLO.

BEDROOM ROOF DECK
BATHCLO.

BEDROOM ROOF DECK
BATHCLO.

BEDROOM ROOF DECK
BATHCLO.

FLOOR PLAN

THIRD FLOOR
-
scale: 3/32" = 1'-0"
A1.4
project title:
12 @ LAS PALMAS
-
1089 n. palm canyon dr.
suite_b
Palm Spring_CA 92252
tel _ 760 778 8165
www.o2arch.com
address:

CAMINO NORTE

PALM SPRINGS, CA
92262
APN'S:
505-182-005
505-182-007
Architecture
sheet description:
date: 12_5_2022
Schematic Design
-not for construction-
A
C
ATS
O
ETEXP.F
IN 05-31-23
FILA
OR
ETI
C
No. C-26815ECLI
DESN
HCRA
T
LANCE C. O'DONNELL
Schematic Design _ Floor Plan_Third Floor
16'32' 0' 4' 8'
Item 2A - Page 132
1 A2.0
3 A2.1
2 A2.0
4 A2.1
4 A1.1
2 A1.1
2 A1.1
3 A1.1
1 A1.1
1 A1.1
4 A1.1
3 A1.1
SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
5" / FT.

SLOPE
5" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

MECHANICAL

ENCLOSURE

MECHANICAL

ENCLOSURE

MECHANICAL

ENCLOSURE

MECHANICAL

ENCLOSURE
SLOPE
5" / FT.

SLOPE
5" / FT.

SLOPE
5" / FT.

SLOPE
5" / FT.

SLOPE
5" / FT.

SLOPE
5" / FT.

SLOPE
5" / FT.

SLOPE
5" / FT.

SLOPE
5" / FT.

SLOPE
5" / FT.

SLOPE
5" / FT.

SLOPE
5" / FT.

SLOPE
5" / FT.

SLOPE
5" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE
1 4" / FT.

SLOPE14" / FT.

SLOPE14" / FT.

SLOPE
14" / FT.

SLOPE
1 4" / FT.
"THIS DOCUMENT SHALL NOT BE REPRODUCED NOR SHALL THE

INFORMATION CONTAINED THEREIN BE USED BY OR DISCLOSED TO OTHERS EXCEPT AS EXPRESSLY AUTHORIZED BY o2 ARCHITECTURE."

ROOF PLAN
-
scale: 3/32" = 1'-0"
A1.5
project title:
12 @ LAS PALMAS
-
1089 n. palm canyon dr.
suite_b
Palm Spring_CA 92252
tel _ 760 778 8165
www.o2arch.com
address:

CAMINO NORTE

PALM SPRINGS, CA
92262
APN'S:
505-182-005
505-182-007
Architecture
sheet description:
date: 12_5_2022
Schematic Design
-not for construction-
A
C
ATS
O
ETEXP.F
IN 05-31-23
FILA
OR
ETI
C
No. C-26815ECLI
DESN
HCRA
T
LANCE C. O'DONNELL
Schematic Design _ Roof Plan
16'32' 0' 4' 8'
LEGEND:

RF-1ROOFING MATERIAL SHALL BE
SINGLE-PLY ROOFING SYSTEM; 50 MIL
FIBERTITE-XT-FB; OFF-WHITE COLOR
DC196 OVER RIGID TAPERED XPS FOAM
INSULATION SYSTEM & 1/4" THICK
DENS-DECK; SLOPE = 1/4"/FT. MIN.

NOTE:

ALL ROOF DRAIN DOWNPIPES CONNECT TO

UNDERGROUND STORM DRAIN PIPING SYSTEM
RF-3DEX O TEX; LIGHT GREY COLOR
FINISH: 413 SPEEDWAY GRAY
RF-2STANDING SEAM ZINC ROOFING
SYSTEM
AEP "DESIGN SPAN" OR SIMILAR ;
'COOL ZINC' GRAY FINISH
Item 2A - Page 133
2 A1.1

PROPERTY LINE

PROPERTY LINE
5'-0" SETBACK LINE
5'-0" SETBACK LINE

EXISTING

DEVELOPMENT
FUTURE

DEVELOPMENT
1 A1.1
+30'-0"
582.1'
+14'-0"
566.1'
+0'-0"
552.1' F.F.
+15'-3"
567.35'
+24'-0"
576.1'
+30'-0"
582.7'
+14'-0"
566.7'
+0'-0"
552.7' F.F.
+15'-3"
567.95'
+24'-0"
576.7'
0'-0"

FUTURE DEVELOPMENT
558.5' F.F.

EF-1TYP.

GL-1
GL-1
EF-2
TYP.

TYP.

EF-2EF-2 EF-2
EF-2EF-2EF-2

MECHANICAL

ENCLOSURE

MECHANICAL

ENCLOSURE
RF-2
RF-2
EF-3
EF-3EF-3
EF-3
EF-3EF-3

INSPIRATION FROM

PARK IMPERIAL SOUTH
+30'-0"
582.1'
+14'-0"
566.1'
+0'-0"
552.1' F.F.

PROPERTY LINE+15'-3"
567.35'
+24'-0"
576.1'
4 A1.1
+14'-0"
568.7'
+0'-0"
554.7'
+24'-0"
578.7'

PROPERTY LINE
25'-0" SETBACK LINE
5'-0" SETBACK LINE

CAMINO NORTEPALM CANYON
DRIVE
3 A1.1
+30'-8"
584.16'
+10'-6"
564.0'
+0'-0"
553.5' F.F.
+24'-0"
577.5'
EF-1
GL-1 EF-1
EF-1EF-1
EF-1
EF-1EF-1
EF-2
TYP.

LINE OF WALL

IN FORGROUND
RF-2

MECHANICAL

ENCLOSURE(S)
EF-3
BUILDING MATERIAL LEGEND:

EXTERIOR GLAZING; SATIN ANODIZED
ALUMINUM FRAME SYSTEM w/ 1" DUAL
GLAZED UNITS, CLEAR GLASS w/
SOLARBAN 60 LOW-E COATING

TO MATCH STANDING SEAM ROOF
GL-1RF-2WHITE ROCK ROOFING
WHITE STUCCO;
3 COAT PORTLAND PLASTER CEMENT
SYSTEM w/MESH & ACRYLIC COATING
BETWEEN BROWN & FINISH COATS;
SMOOTH SAND FINISH;
"DOVE GREY" BY LA HABRA OR SIMILAR
*SITE WALLS & PLANTERS TO MATCH
EF-1DARK GREY STUCCO;
3 COAT PORTLAND PLASTER CEMENT
SYSTEM w/MESH & ACRYLIC COATING
BETWEEN BROWN & FINISH COATS;
SMOOTH SAND FINISH;
"TUXEDO" BY LA HABRA OR SIMILAR
*SITE WALLS & PLANTERS TO MATCH
EF-2
CMU BLOCK; PAINTED TO MATCH WHITE
STUCCO
EF-3
project title:
12 @ LAS PALMAS
-
1089 n. palm canyon dr.
suite_b
Palm Spring_CA 92252
tel _ 760 778 8165
www.o2arch.com
address:

CAMINO NORTE

PALM SPRINGS, CA
92262
APN'S:
505-182-005
505-182-007
Architecture
sheet description:
date: 12_5_2022
Schematic Design
-not for construction-
A
C
ATS
O
ETEXP.F
IN 05-31-23
FILA
OR
ETI
C
No. C-26815ECLI
DESN
HCRA
T
LANCE C. O'DONNELL
Schematic Design _ Exterior Elevations
16'32' 0' 4' 8'

EXTERIOR

ELEVATIONS
-
scale: 3/32" = 1'-0"
A2.0
South- Exterior Elevation
East - Exterior Elevation
2 -
1 -
Item 2A - Page 134
2 A1.1

PROPERTY LINE

PROPERTY LINE
5'-0" SETBACK LINE
5'-0" SETBACK LINE

FUTURE DEVELOPMENT

IN THE FOREGROUND

EXISTING

DEVELOPMENT
1 A1.1
+14'-0"
568.7'
+0'-0"
554.7'
+24'-0"
578.7'
0'-0"

FUTURE DEVELOPMENT
558.5' F.F.

LINE OF WALL

IN FORGROUND
GL-1 TYP.

EF-2 TYP.

EF-1 TYP.

GL-1 TYP.

GL-1TYP.

GL-1TYP.

EF-1
EF-1

OUTLINE OF
FUTURE

DEVELOPMENT

IN FORGROUND
3 A1.1

PROPERTY LINE

PROPERTY LINE
5'-0" SETBACK LINE
25'-0" SETBACK LINE

PALM CANYON
DRIVE

CAMINO NORTE
4 A1.1
+30'-0"
582.7'
+14'-0"
566.7'
+0'-0"
552.7' F.F.
+15'-3"
567.95'
+24'-0"
576.7'
+14'-0"
568.7'
+0'-0"
554.7'
+24'-0"
578.7'
EF-1EF-1
EF-1
EF-2
GL-1
EF-1
EF-1
TYP.

EF-1

MECHANICAL

ENCLOSURE
RF-2
EF-1
EF-3
BUILDING MATERIAL LEGEND:

EXTERIOR GLAZING; SATIN ANODIZED
ALUMINUM FRAME SYSTEM w/ 1" DUAL
GLAZED UNITS, CLEAR GLASS w/
SOLARBAN 60 LOW-E COATING

TO MATCH STANDING SEAM ROOF
GL-1RF-2WHITE ROCK ROOFING
WHITE STUCCO;
3 COAT PORTLAND PLASTER CEMENT
SYSTEM w/MESH & ACRYLIC COATING
BETWEEN BROWN & FINISH COATS;
SMOOTH SAND FINISH;
"DOVE GREY" BY LA HABRA OR SIMILAR
*SITE WALLS & PLANTERS TO MATCH
EF-1DARK GREY STUCCO;
3 COAT PORTLAND PLASTER CEMENT
SYSTEM w/MESH & ACRYLIC COATING
BETWEEN BROWN & FINISH COATS;
SMOOTH SAND FINISH;
"TUXEDO" BY LA HABRA OR SIMILAR
*SITE WALLS & PLANTERS TO MATCH
EF-2
CMU BLOCK; PAINTED TO MATCH WHITE
STUCCO
EF-3
project title:
12 @ LAS PALMAS
-
1089 n. palm canyon dr.
suite_b
Palm Spring_CA 92252
tel _ 760 778 8165
www.o2arch.com
address:

CAMINO NORTE

PALM SPRINGS, CA
92262
APN'S:
505-182-005
505-182-007
Architecture
sheet description:
date: 12_5_2022
Schematic Design
-not for construction-
A
C
ATS
O
ETEXP.F
IN 05-31-23
FILA
OR
ETI
C
No. C-26815ECLI
DESN
HCRA
T
LANCE C. O'DONNELL

EXTERIOR

ELEVATIONS
-
scale: 3/32" = 1'-0"
A2.1
North- Exterior Elevation
West - Exterior Elevation
4 -
3 -
Schematic Design _ Exterior Elevations
16'32' 0' 4' 8'
Item 2A - Page 135
Item 2A - Page 136

CITY COUNCIL STAFF REPORT
01/26/2023
SUBJECT:

APPROVAL OF CITY MANAGER EMPLOYMENT AGREEMENT WITH SCOTT

STILES, ICMA-CM, AND VERBAL REPORT REGARDING COMPENSATION TERMS RECOMMENDATION:

Verbally Report a Summary of Compensation; and1.

Approve Employment Agreement Appointing Scott Stiles as City Manager, effective March 6, 2023, and Setting Compensation and Other Terms of Employment.

2. Attachments
Item 3A

CITY COUNCIL STAFF REPORT

DATE: JANUARY 26, 2023 BUSINESS & LEGISLATIVE

SUBJECT: APPROVAL OF CITY MANAGER EMPLOYMENT AGREEMENT WITH

SCOTT STILES , ICMA -CM, AND VERBAL REPORT REGARDING

COMPENSATION TERMS

FROM: Jeffrey S. Ballinger, City Attorney

SUMMA
RY :

This agenda item provides the City Council the opportunity to formally approve the appointment of, and employment agreement with, Mr. Scott Stiles as City Manager for the City of Palm Springs.

RECOMMENDATION:

1. Verbally Report a Summary of Compensation; and

2. Approve Employment Agreement Appointing Scott Stiles as City Manager, effective March 6 , 2023, and Setting Compensation and Other Terms of Employment.

BACKGROUND:

Following the announcement of former City Manager Justin Clifton’s departure on July 17, 2022, and with the assistance of Frank Rojas of Koff & Associates, the City Council conducted a national search for qualified candidates to fill the Palm Springs City Manager position. An extensive outreach was conducted by the City Council, includ ing personal outreach by the City’s Executive Recruiter and publication on the following websites and job boards:

Item 3A - 1
City Council Staff Report
January 26, 2023 -- Page 2
City Manager Employment Agreement – Scott Stiles

The City received 68 resumes.

Each resume was evaluated against the City’s needs, as described in the recruitment brochure. Preliminary i nterviews were conducted with 18 candidates whose qualifications were most relevant to the position. These interviews narrowed the list to eight of the most qualified candidates . That list was reviewed by the City Council, and the top five were invited for interviews with the City Council.

After a series of interviews, which included community panels as well as interviews with existing Executive City staff members, the City Council conducted a final interview on Friday, January 13, 2023. This vi gorous and diligent process resulted in the selection of Scott Stiles as the next Palm Springs City Manager.

Scott Stiles is an International City Manager Association- credentialed City Manager, currently serving as City Manager for the City of Garden Grove, Califor nia. He has served there since 2015. Prior to his service in Garden Grove, Mr. Stiles served as both Interim and Assistant City Manager, in the City of Cincinnati, Ohio, where he served since 2003. Scott has dedicated h is career to working with neighbourho od representatives, businesses, and organizations to build a better community.

STAFF ANALYSIS:

With the assistance of the City’s Executive Recruiter, the City Attorney negotiated a compensation package with Mr. Stiles, which is reflected in the City Mana ger Employment Agreement attached as Attachment 1.

California Government Code section 54953(c)(3) requires that there be a verbal report of proposed compensation for the City Manager in open session before the City Council takes final action approving that compensation.

Item 3A - 2
Internat ional City/Cou nty Western City Magazi ne/
Manageme nt Associat ion League of Ca lifornia C ities
CAL-ICMA Wome n Lead ing Governme nt
Cap itol Morning Repor t Public C EO
League of Wome n in Governme nt California City News
Associat ion of Latino National Forum for
Professionals for Ame ri ca Blac k Public Adm inistrators Unked ln Koff & Associates webs ite
City Council Staff Report
January 26, 2023 -- Page 3
City Manager Employment Agreement – Scott Stiles

The principal terms of the proposed compensation, as reflected in the attached Employment Agreement are:

Term: Commence March 6, 2023, with a four (4) year term Salary: $325,000 per year
Auto Allowance: $500/month
Retirement: Per PERS contract: 2% @ 62
Paid Time Off: 10 hrs. vacation/mo., with 40hrs of admin. leave/year Severance: 12 months, reducing over the term of the agreement Moving/Housing Expenses: $12,000
Temporary Housing Allowance: $3,000/month for six (6) months

ENVIRONMENTAL ASSESSMENT
:

This action will not result in any environmental impact.

FISCAL IMPACT:

The Employment Agreement will result in costs to the City, in the amounts set forth above. These amounts are within the budgeted amounts established by the City Council.

REVIEWED BY:

City Attorney: Jeffrey S. Ballinger
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Employment Agreement (Expected January 23, 2023).

Item 3A - 3

CITY COUNCIL STAFF REPORT
01/26/2023
SUBJECT:

A REQUEST BY THE CITY OF PALM SPRINGS FOR ADOPTION OF AN URGENCY ORDINANCE TO IMPLEMENT SENATE BILL 897 REQUIREMENTS FOR ACCESSORY DWELLING UNITS, CASE 5.1569 ZTA (4/5ths VOTE

REQUIRED)
RECOMMENDATION:

Waive the reading of the Ordinance text in its entirety, read by title only, and adopt an urgency Ordinance entitled, "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 93.23.14

OF THE CITY OF PALM SPRINGS MUNICIPAL CODE RELATING TO ACCESSORY

DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS, AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.”
Attachments
Item 3B

CITY COUNCIL STAFF REPORT

DATE: JANUARY 26, 2023 BUSINESS & LEGISLATIVE

SUBJECT: A REQUEST BY THE CITY OF PALM SPRINGS FOR ADOPTION OF AN URGENCY ORDINANCE TO IMPLEMENT SENATE BILL 897
REQUIREMENTS FOR ACCESSORY DWELLING UNITS , CASE 5.1569 ZTA (4/5ths VOTE REQUIRED)

FROM: Teresa Gallavan, Interim City Manager

BY: Planning Services Department

SUMMARY:

This is a request for the City Council to approve an urgency ordinance amending Section

93.23.14 of the City of Palm Springs Zoning Code to modify local regulations for the development of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). The amendments are necessary to ensure compliance with the provisions of Government Code sections 65852.2 and 65852.22 as amended by recently approved Senate Bill 897 ( SB 897) that took effect on January 1, 2023. The enacted legislation established greater flexibility for the development of ADUs and JADUs and provides further limitations on a local jurisdiction ’s authority to regulate certain applicable development standards. Failure to adopt amended local standards will result in applications being approved subject only to the limited criteria contained in State law and without the oversight of local regulation. The proposed urgency ordinance will ensure the City’s regulations comply with State requirements and are legally enforceable. An urgency ordinance requires a four-fifths (4/5ths) vote of the City Council to be enacted.

RECOMMENDATION:

1) Waive the reading of the Ordinance text in its entirety, read by title only, and adopt urgency Ordinance N o. ____ _, “ AN URGENCY ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA, AMENDING SECTION 93.23.14 OF THE CITY OF PALM SPRINGS MUN ICIPAL CODE

RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS, AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.”

Item 3B - Page 1
BACKGROUND:

In recent years, the State has implemented several bills that, among other things, amended Government Code sections 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs. In 2022, the California Legislature approved, and the Governor signed into law, a new bill (SB 897) that further amends Government Code sections 65852.2 and 65852.22. Among other things, the new amendments require the City to allow certain ADUs to be higher, require yard/setbacks be relaxed in certain instances, require justification of any denial of an ADU/JADU, including explanation of how to remedy any application , contemplate the legalization of existing, unpermitted ADUs, and remove the automatic repeal in 2025, meaning the statute is now permanent.

SB 897 took effect January 1, 2023. As a matter of law, the City’s ADU ordinance became null and void upon the effective date as it is no longer in compliance with State law and the changes instituted by SB 897. As a result, the City will have to allow ADUs with no local oversight or regulation beyond the limited requirements of the State ADU law until such time that local regulations are updated.

STAFF ANALYSIS:

As the City no longer complies with Government Code sections 65852.2 and 65852.22 (as amended) due to changes which took effect January 1, 2023, the City’s ADU ordinance has been rendered null and void, thereby limiting the City ’s ability to enforce local development standards on ADUs and JADUs. The approval of ADUs and JADUs based solely on the State’s default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety.

To implement the requirements of SB 897 and ensure local regulation has legal standing in compliance with State law, staff from the City Attorney’s office has drafted an urgency ordinance that amends the City’s local regulatory framework for the construction of ADUs and JADUs to comply with recently amended provisions of Government Code sections 65852.2 and 65852.22.

The proposed urgency ordinance amends the existing ADU/JADU regulations contained within the City of Palm Springs Zoning Code and will include the following changes (among other associated administrative revisions):
• An increase in the maximum permissible height for ADUs to 18, 20, or 25 feet (from 16 feet today) in certain instances. For example, detached ADU’s proposed within 1/2 mile of a transit stop shall be permitted up to 18 feet in height, with an additional two feet granted where necessary to allow a roof pitch that aligns with the primary residence, resulting in a maximum height of 20 feet. Additionally, an attached ADU may be permitted up to 25 feet in height or the maximum height of the underlying zone, whichever is lower. Today’s maximum height for detached ADUs is 16 feet.

Item 3B - Page 2
• Provide relief from certai n yard and setback requirements for ADUs , primarily within existing multifamily development, such that existing multifamily lots with substandard minimum rear and side yard requirements are not prevented from receiving approval of an ADU . The amended rules also indicate that approval of an ADU on an existing multifamily lot with deficient yards cannot include a condition requiring modifications to the multifamily building. • Require that no ADU or JADU be rented for less than 30 days regardless of when it was established. Although current rules require a minimum 30-day rental period for any ADU/JADU, it was unclear whether the rules were applicable to those units created prior to the initial rules being established. SB 897 has clarified that all ADUs/JADUs must be rented for a period of no less than 30 days. • Require that the City provide, in detail, the reasons for a denial of any ADU/JADU as well as what measures may be taken to remedy the application, within 60 days of any decision; and
• Require that ADU/JADUs be permitted for nonconforming lots or developments unless there is a threat to public health/safety , including requiring that the City allow the legalization of existing unpermitted ADUs unless there is a legitimate healthy/safety issue.

Due to the relatively short period between the bill being signed into law and its effective date, staff was unable t o prepare a standard ordinance and meet all public notice requirements prior to January 1, 2023. Consequently, staff are recommending adoption of an urgency ordinance by City Council to ensure that local regulation once again apply to the development of ADUs and JADUs and appropriate oversight is provided.

As there may be a need for further adjustment to the initial objective development and architectural standards, it is intended that staff will work with the Planning Commission to develop a regular ordinance at the earliest possible time for consideration and approval by the Planning Commission before returning to the City Council for ultimate adoption.

The urgency ordinance will take effect immediately upon adoption and will remain in place until the regular ordinance becomes effective.

ENVIRONMENTAL ASSESSMENT
:

Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law, and which also regulates JADUs, as defined by section 65852.22.

Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law.

FISCAL IMPACT:

None.

Item 3B - Page 3
REVIEWED BY:

Department Director: Christopher Hadwin
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

1. Draft Urgency Ordinance and Exhibits

2. SB 897 Text
Item 3B - Page 4

ATTACHMENT #1
Item 3B - Page 5
ORDINANCE NO. ____

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
SECTION 93.23.14 OF THE CITY OF PALM SPRINGS

ZONING CODE RELATING TO ACCESSORY DWELLING

UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND

DETERMINING THE ORDINANCE TO BE EXEMPT FROM
CEQA

City Attorney’s Summary
The urgency ordinance will implement interim standards for the construction of ADU’s (Accessory Dwelling Units) and JADU’s (Junior Accessory Dwelling Units) in accordance with new State regulations that took effect on January 1, 2023.

The new State regulations supersede local regulations,
necessitating the passage of an urgency ordinance. The Planning Commission will further study the issue and tailor the interim regulations to local conditions and priorities later this spring.

WHEREAS, the City of Palm Springs, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and

WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amended Government Code sections 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs; and

WHEREAS, in 2022, the California Legislature approved, and the Governor signed into law, a new bill (SB 897) that further amends Government Code sections 65852.2 and 65852.22; and

WHEREAS, SB 897 took effect January 1, 2023, and, as the City’s ADU ordinance does not comply with the requirements imposed by SB 897, the City’s entire existing ADU ordinance became null and void as a matter of law; and

WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to comply with the amended provisions of Government Code sections 65852.2 and 65852.22; and

WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of SB 897 because the City’s ordinance does not comply Item 3B - Page 6
with the amended laws as of January 1, 2023, and the City’s ADU ordinance has become null and void, the City is now limited to applying the few default standards that are provided in Government Code sections 65852.2 and 65852.22 for the approval of ADUs and JADUs; and

WHEREAS, the approval of ADUs and JADUs based solely on the default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety.

These threats to public safety, health, and welfare justify adoption of this ordinance as an urgency ordinance to be effective immediately upon adoption by a four -fifths vote of the City Council; and

WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this ordinance as an urgency m easure in accordance with Government Code section 36937, subdivision (b).

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

SECTION 1
. The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law.

SECTION 3. Section 93.23.14 of the City of Palm Springs Zoning Code is hereby amended and restated to read in its entirety as provided in Exhibit A, attached hereto and incorporated herein by reference.

SECTION 4. This ordinance takes effect immediately upon its adoption.

SECTION 5. The City Clerk shall either: (a) have this ordinance published in a newspaper of general circulation within 15 days after its adoption or (b) have a summary of this ordinance published twice in a newspaper of general circulation, within 15 days after its adoption.

SECTION 6. The City Clerk shall submit a copy of this ordinance to the Department of Housing and Community Development within 60 days after adoption.

SECTION 7. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions Item 3B - Page 7
or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof.

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS _____ DAY OF ______________, _________.

GRACE ELENA GARNER
MAYOR

ATTEST:

BRENDA PREE, MMC

CITY CLERK

Item 3B - Page 8

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on _________ and adopted at a regular meeting of the City Council held on __________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

BRENDA PREE, MMC

CITY CLERK
Item 3B - Page 9
ADU REGULATIONS THAT COMPLY WITH SB 897 (2022)1
Section 93.23.14 Accessory Dwelling Units
A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code sections 65852.2 and 65852.22.

B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:

1. Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.

2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

3. Considered in the application of any local ordinance, policy, or program to limit residential growth.

4. Required to correct a nonconforming zoning condition, as defined in subsection (c)(7) below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.

C. Definitions. As used in this section, terms are defined as follows:

1. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and
b. A manufactured home, as defined by section 18007 of the California Health and Safety Code.

2. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
1 Both AB 2221 and SB 897 were signed into law, but AB 2221 has no effect because it would have amended the same statute that SB 897 amended, and SB 897 was signed into law (chaptered) later. AB 2221 was therefore “chaptered out.” But section 2.5 of SB 897 expressly includes, among others, changes to the ADU law that would have been made by AB 2221. Ultimately, only SB 897 is effective and relevant.

Item 3B - Page 10

3. “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

4. “Efficiency kitchen” means a kitchen that includes all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

5. “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:
a. It is no more than 500 square feet in size.
b. It is contained entirely within an existing or proposed single-family structure.

An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. c. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single- family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
e. It includes an efficiency kitchen, as defined in subsection (c)(4) above.

6. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

7. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.

8. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

9. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

10. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

Item 3B - Page 11

11. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

D. Approvals. The following approvals apply to ADUs and JADUs under this section:

1. Building-permit Only. If an ADU or JADU complies with each of the general requirements in subsection (e) below, it is allowed with only a building permit in the following scenarios:
a. Converted on Single-family Lot: One ADU as described in this subsection (d)(1)(A) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
(i) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and (ii) Has exterior access that is independent of that for the single-family dwelling; and
(iii) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(iv) The JADU complies with the requirements of Government Code Section 65852.22.
b. Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (d)(1)(A) above), if the detached ADU satisfies each of the following limitations:
(i) The side- and rear-yard setbacks are at least four feet. (ii) The total floor area is 800 square feet or smaller. (iii) The peak height above grade does not exceed the applicable height limit in subsection (e)(2) below.
c. Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (d)(1)(C), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.

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d.

Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations:
(i) The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU. (ii) The peak height above grade does not exceed the applicable height limit provided in subsection (e)(2) below.

2. ADU Permit.
a. Except as allowed under subsection (d)(1) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections (e) and (f) below.
b. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city’s ADU ordinance. The ADU-permit processing fee is determined by the director of community development and approved by the city council by resolution.

3. Process and Timing.
a. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
b. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
(i) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or (ii) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
c. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application Item 3B - Page 13
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ay be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (d)(3)(B) above.
d. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections (d)(1) or (d)(2) above:

1. Zoning.
a. An ADU or JADU subject only to a building permit under subsection (d)(1) above may be created on a lot in a residential or mixed-use zone. b. An ADU or JADU subject to an ADU permit under subsection (d)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

2. Height.
a. Except as otherwise provided by subsections (e)(2)(B) and (e)(2)(C) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height. b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single famil y or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (e)(2)(D) may not exceed two stories. e. For purposes of this subsection (e)(2), height is measured above existing legal grade to the peak of the structure.

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3. Fire Sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

4. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

5. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

6. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

7. Owner Occupancy.
a. An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement.
b. Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence. c. As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner- occupancy requirement in this subsection (e)(7)(C) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

8. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
a. Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.

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b.

The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
e. The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

9. Income Reporting. In order to facilitate the city’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 65852.2, the following requirements must be satisfied:
a. With the building-permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
b. Within 90 days after each yearly anniversary of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the city does not receive the report within the 90-day period, the owner is in violation of this Code, and the city may send the owner a notice of violation and allow the owner another 30 days to submit the report.

If the owner fails to submit the report within the 30-day period, the city may enforce this provision in accordance with applicable law.

10. Building & Safety.
a. Must comply with building code. Subject to subsection (e)(10)(B) below, all ADUs and JADUs must comply with all local building code requirements. b. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Item 3B - Page 16
S
ection 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (e)(10)(B) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

F. Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (d)(2) above.

1. Maximum Size.
a. The maximum size of a detached or attached ADU subject to this subsection (f) is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.
b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. c. Application of other development standards in this subsection (f), such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (f)(1)(B) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.

2. Floor Area Ratio (FAR). No ADU subject to this subsection (f) may cause the total FAR of the lot to exceed 45 percent, subject to subsection (f)(1)(C) above.

3. Setbacks.
a. An ADU that is subject to this subsection (f) must conform to a 25-foot front- yard setback, subject to subsection (f)(1)(C) above.
b. An ADU that is subject to this subsection (f) must conform to 4-foot side- and rear-yard setbacks.
c. No setback is required for an ADU that is subject to this subsection (f) if the ADU is constructed in the same location and to the same dimensions as an existing structure.

4. Lot Coverage. No ADU subject to this subsection (f) may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection (f)(1)(C) above.

5. Minimum Open Space. No ADU subject to this subsection (f) may cause the total percentage of open space of the lot to fall below 50 percent, subject to subsection (f)(1)(C) above.

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6. Passageway. No passageway, as defined by subsection (c)(8) above, is required for an ADU.

7. Parking.
a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (c)(11) above.
b. Exceptions. No parking under subsection (f)(7)(A) is required in the following situations:
(i) The ADU is located within one-half mile walking distance of public transit, as defined in subsection (c)(10) above. (ii) The ADU is located within an architecturally and historically significant historic district.
(iii) The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (d)(1)(A) above. (iv) When on-street parking permits are required but not offered to the occupant of the ADU.
(v) When there is an established car share vehicle stop located within one block of the ADU.
(vi) When the permit application to create an ADU is submitted with an application to c reate a new single- family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (f)(7)(B)(i) through (v) above. c. No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

8. Architectural Requirements.
a. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
c. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.

Item 3B - Page 18
d.

The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
e. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet. f. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. g. All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

9. Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:
a. At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24” box size plant shall be provided for every ten linear feet of exterior wall.
b. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed. c. All landscaping must be drought-tolerant.
d. All landscaping must be from the city’s approved plant list.

10. Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.

G. Fees. The following requirements apply to all ADUs that are approved under subsections (d)(1) or (d)(2) above.

1. Impact Fees.
a. No impact fee is required for an ADU that is less than 750 square feet in size.

For purposes of this subsection (g)(1), “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor Item 3B - Page 19
ar
ea of the primary dwelling, times the typical fee amount charged for a new dwelling.)

2. Utility Fees.
a. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required. b. Except as described in subsection (g)(2)(A), converted ADUs on a single- family lot that are created under subsection (d)(1)(A) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required. c. Except as described in subsection (g)(2)(A), all ADUs that are not covered by subsection (g)(2)(B) require a new, separate utility connection directly between the ADU and the utility.
(i) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
(ii) The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.

H. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

1. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

2. Unpermitted ADUs constructed before 2018.
a. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
(i) The ADU violates applicable building standards, or
(ii) The ADU does not comply with the state ADU law (Government Code section 65852.2) or this ADU ordinance (section 93.23.14). b. Exceptions:

Item 3B - Page 20
(i
) Notwithstanding subsection (h)(2)(A) above, the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
(ii) Subsection (h)(2)(A) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.

I. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections (a) through (h) of this section may be allowed by the city with a conditional use permit, in accordance with the other provisions of this title.

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ATTACHMENT #2
Item 3B - Page 22
1/17/23, 9:09 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897&firstNav=tracking 1/20 SHARE THIS:

Date Published: 09/29/2022 02:00 PM
SB-897 Accessory dwelling units: junior accessory dwelling units. (2021-2022) Senate Bill No. 897
CHAPTER 664
An act to amend Section 65852.22 of, to add Section 65852.23 to, and to repeal and amend Section 65852.2 of, the Government Code, and to amend Section 17980.12 of the Health and Safety Code, relating to land use.
[ Approved by Governor September 28, 2022. Filed with Secretary of State September 28, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST
SB 897, Wieckowski. Accessory dwelling units: junior accessory dwelling units. (1) Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Existing law authorizes a local agency to impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, and maximum size of a unit.

This bill would require that the standards imposed on accessory dwelling units be objective. For purposes of this requirement, the bill would define “objective standard” as a standard that involves no personal or subjective judgment by a public official and is uniformly verifiable, as specified. The bill would also prohibit a local agency from denying an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

This bill would require a local agency to review and issue a demolition permit for a detached garage that is to be replaced by an accessory dwelling unit at the same time as it reviews and issues the permit for the accessory dwelling unit. The bill would prohibit an applicant from being required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced by an accessory dwelling unit, as specified.

Existing law provides that an accessory dwelling unit may either be an attached or detached residential dwelling unit, and prescribes the minimum and maximum unit size requirements, height limitations, and setback requirements that a local agency may establish, including a 16-foot height limitation and a 4-foot side and rear setback requirement.

This bill would increase the maximum height limitation that may be imposed by a local agency on an accessory dwelling unit to 18 feet if the accessory dwelling unit is within 1/2 mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined, or if the accessory dwelling unit is detached and on a lot that has an existing multifamily, multistory dwelling, as specified. The bill would increase the maximum Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites r;J;;\
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Item 3B - Page 23

1/17/23, 9:09 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897&firstNav=tracking 2/20 height limitation that may be imposed by a local agency on an accessory dwelling unit to 25 feet if the accessory dwelling unit is attached to a primary dwelling, except as specified.

Existing law requires an ordinance that provides for the creation of an accessory dwelling unit to require accessory dwelling units to comply with local building code requirements that apply to detached dwellings, as appropriate. Existing law also prohibits an ordinance from requiring an accessory dwelling unit to provide fire sprinklers if they are not required for the primary residence.

This bill would provide that the construction of an accessory dwelling unit does not constitute a Group R occupancy change under the local building code, except as specified. The bill would prohibit the construction of an accessory dwelling unit from triggering a requirement that fire sprinklers be installed in the existing primary dwelling.

Existing law provides that a local agency must ministerially approve an application for a building permit within a residential or mixed-use zone to create not more than 2 accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation of 16 feet and a 4-foot side and rear setback requirement.

This bill would change the height limitation applicable to an accessory dwelling unit subject to ministerial approval to 18 feet if the accessory dwelling unit is within 1/2 mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined, or if the accessory dwelling unit is detached and on a lot that has an existing multifamily, multistory dwelling, as specified. The bill would change the height limitation applicable to an accessory dwelling unit subject to ministerial approval to 25 feet if the accessory dwelling unit is attached to a primary dwelling, except as specified. The bill, if the existing multifamily dwelling exceeds applicable height requirements or has a rear or side setback of less than 4 feet, would prohibit a local agency from requiring any modification to the existing multifamily dwelling to satisfy these requirements. The bill would prohibit a local agency from rejecting an application for an accessory dwelling unit because the existing multifamily dwelling exceeds applicable height requirements or has a rear or side setback of less than 4 feet.

Existing law prohibits a local agency from imposing parking standards on certain accessory dwelling units, including those that are located within 1/2-mile walking distance of public transit.

This bill would also prohibit a local agency from imposing any parking standards on an accessory dwelling unit that is included in an application to create a new single-family dwelling unit or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit meets other specified requirements.

Existing law, when a local agency has not adopted an ordinance governing accessory dwelling units, requires a permitting agency to act on an application to create an accessory dwelling unit or a junior accessory dwelling unit within specified timeframes.

This bill would require a permitting agency to return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant, if the permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit.
(2) Existing law also provides for the creation of junior accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. Existing law requires an ordinance that provides for the creation of a junior accessory dwelling unit to, among other things, (A) require that the unit be constructed within the walls of the proposed or existing single-family residence, (B) require that the unit include a separate entrance from the main entrance to the proposed or existing single-family residence, and (C) require owner-occupancy in the single-family residence in which the junior accessory dwelling unit is permitted.

This bill would specify that enclosed uses within the proposed or existing single-family residence, such as attached garages, are considered a part of the proposed or existing single-family residence. The bill would require a junior accessory dwelling unit that does not include a separate bathroom to include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. The bill would also prohibit a local agency from denying an application for a permit to create a junior accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the junior accessory dwelling unit.

Item 3B - Page 24
1/17/23, 9:09 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897&firstNav=tracking 3/20 (3) Existing law requires a local agency, in enforcing building standards applicable to accessory dwelling units, to delay enforcement for up to 5 years upon the owner submitting an application requesting the delay on the basis that correcting the violation is not necessary to protect health and safety.

This bill would prohibit a local agency from denying a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, because, among other things, the unit is in violation of building standards or state or local standards applicable to accessory dwelling units, unless the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure.

This bill would specify that this prohibition does not apply to a building that is deemed substandard under specified provisions of law.
(4) Existing law requires the Department of Housing and Community Development to administer various programs intended to promote the development of housing, including the Multifamily Housing Program, pursuant to which the department provides financial assistance in the form of deferred payment loans to pay for the eligible costs of development for specified activities.

This bill would state the intent of the Legislature that accessory dwelling unit grant programs provide funding for predevelopment costs and facilitate accountability and oversight, as specified. (5) This bill would incorporate additional changes to Section 65852.2 of the Government Code proposed by AB 2221 to be operative only if this bill and AB 2221 are enacted and this bill is enacted last. (6) By imposing new duties on local governments with respect to the approval of accessory dwelling units and junior accessory dwelling units, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. It is the intent of the Legislature to ensure that grant programs that fund the construction and maintenance of accessory dwelling units undertake both of the following:
(a) Provide funding for predevelopment costs, such as development of plans and permitting of accessory dwelling units.
(b) Facilitate accountability and oversight, including annual reporting on outcomes to the Legislature.

SEC. 2. Section 65852.2 of the Government Code, as amended by Section 1 of Chapter 343 of the Statutes of 2021, is amended to read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B) (i) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot.

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1/17/23, 9:09 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897&firstNav=tracking 4/20 (D) Require the accessory dwelling units to comply with all of the following:
(i) Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. (ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
(iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Off street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(3) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall Item 3B - Page 26
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(4) The ordinance shall require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time.
(5) The ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district. (6) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section.
(7) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision.
(8) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, except that, subject to subparagraphs (B) and (C), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant.
(B) (i) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025.
(ii) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025. (C) Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit be used for rentals of terms longer than 30 days.
(9) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision.
(10) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (b) (1) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create or serve an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall either approve or deny the application to create Item 3B - Page 27
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(2) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards. (D) Any height limitation that does not allow at least the following, as applicable:
(i) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit.
(ii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (iii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
(iv) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories. (d) Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), all of the following shall apply:
(1) The local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances:
(A) Where the accessory dwelling unit is located within one-half mile walking distance of public transit.

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(C) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(D) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(E) When there is a car share vehicle located within one block of the accessory dwelling unit. (F) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph. (2) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single- family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation as provided in clause (i), (ii), or (iii) as applicable, of subparagraph (D) of paragraph (2) of subdivision (c).
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) (i) Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to the applicable height limitation in clause (i), (ii), or (iii), as applicable, of subparagraph (D) of paragraph (2) of subdivision (c) and rear yard and side setbacks of no more than four feet. (ii) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subparagraph. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming Item 3B - Page 29
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(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling. (4) A local agency may require owner-occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (8) of subdivision (a). (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days.
(6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose objective standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size.
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling. (5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
(g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit.
(h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section.

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(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
(j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(7) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. (8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(9) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (10) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

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(12) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part

1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2), a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020. (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.

SEC. 2.5.

Section 65852.2 of the Government Code, as amended by Section 1 of Chapter 343 of the Statutes of 2021, is amended to read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B) (i) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following:
(i) Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. (ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or Item 3B - Page 32
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(iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Off street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(3) (A) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the Item 3B - Page 33
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(5) The ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district. (6) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section.
(7) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision.
(8) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, except that, subject to subparagraphs (B) and (C), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant.
(B) (i) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025.
(ii) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025. (C) Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit be used for rentals of terms longer than 30 days.
(9) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision.
(10) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (b) (1) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create or serve an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, Item 3B - Page 34
1/17/23, 9:09 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897&firstNav=tracking 13/20 the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved.
(2) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.
(D) Any height limitation that does not allow at least the following, as applicable:
(i) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit.
(ii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (iii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
(iv) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories. (d) Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), all of the following shall apply:
(1) The local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances:
(A) Where the accessory dwelling unit is located within one-half mile walking distance of public transit. (B) Where the accessory dwelling unit is located within an architecturally and historically significant historic district.

Item 3B - Page 35
1/17/23, 9:09 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897&firstNav=tracking 14/20 (C) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(D) When onstreet parking permits are required but not offered to the occupant of the accessory dwelling unit.
(E) When there is a car share vehicle located within one block of the accessory dwelling unit. (F) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph. (2) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single- family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation as provided in clause (i), (ii), or (iii) as applicable, of subparagraph (D) of paragraph (2) of subdivision (c).
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) (i) Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation in clause (i), (ii), or (iii), as applicable, of subparagraph (D) of paragraph (2) of subdivision (c) and rear yard and side setbacks of no more than four feet.
(ii) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subparagraph. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.

Item 3B - Page 36
1/17/23, 9:09 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897&firstNav=tracking 15/20 (3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling. (4) A local agency may require owner-occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (8) of subdivision (a). (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days.
(6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose objective standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size.
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling. (5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
(g) This section shall supersede a conflicting local ordinance. This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section.
(2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section.

Item 3B - Page 37
1/17/23, 9:09 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897&firstNav=tracking 16/20 (B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
(j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(7) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. (8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(9) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (10) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(11) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

Item 3B - Page 38
1/17/23, 9:09 AM Bill Text - SB-897 Accessory dwelling units: junior accessory dwelling units. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897&firstNav=tracking 17/20 (12) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part

1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2), a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020. (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.

SEC. 3.

Section 65852.2 of the Government Code, as amended by Section 2 of Chapter 343 of the Statutes of 2021, is repealed.

SEC. 4. Section 65852.22 of the Government Code is amended to read:
65852.22. (a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:
(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot. (2) Require owner-occupancy in the single family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
(3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:
(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. (B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(4) Require a permitted junior accessory dwelling unit to be constructed within the walls of the proposed or existing single-family residence. For purposes of this paragraph, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence. (5) (A) Require a permitted junior accessory dwelling unit to include a separate entrance from the main entrance to the proposed or existing single-family residence. (B) If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.
(6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following:

Item 3B - Page 39
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(B) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(b) (1) An ordinance shall not require additional parking as a condition to grant a permit. (2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if the junior accessory dwelling unit complies with applicable building standards.
(c) (1) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. The permitting agency shall either approve or deny the application to create or serve a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit application to create or serve a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family dwelling on the lot, the permitting agency may delay approving or denying the permit application for the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family dwelling, but the application to create or serve the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60- day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section. (2) If a permitting agency denies an application for a junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(d) A local agency shall not deny an application for a permit to create a junior accessory dwelling unit pursuant to this section due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the junior accessory dwelling unit.
(e) For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not. (f) For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (g) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation related to a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single- family residences regardless of whether the single-family residence includes a junior accessory dwelling unit. (h) If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 and the requirements of this section.
(i) For purposes of this section, the following terms have the following meanings:
(1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. (2) “Local agency” means a city, county, or city and county, whether general law or chartered. (3) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, Item 3B - Page 40
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SEC. 5. Section 65852.23 is added to the Government Code, to read:
65852.23. (a) Notwithstanding any other law, and except as otherwise provided in subdivision (b), a local agency shall not deny a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, due to either of the following:
(1) The accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code. (2) The accessory dwelling unit does not comply with Section 65852.2 or any local ordinance regulating accessory dwelling units.
(b) Notwithstanding subdivision (a), a local agency may deny a permit for an accessory dwelling unit subject to subdivision (a) if the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure. (c) The section shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.

SEC. 6. Section 17980.12 of the Health and Safety Code is amended to read:
17980.12. (a) (1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit described in subparagraph (A) or (B) below, a notice to correct a violation of any provision of any building standard pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to this subdivision:
(A) The accessory dwelling unit was built before January 1, 2020. (B) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (2) The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the basis that correcting the violation is not necessary to protect health and safety. (3) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of a violation on the primary dwelling unit, provided that correcting the violation is not necessary to protect health and safety. (4) The enforcement agency shall grant an application described in paragraph (2) if the enforcement agency determines that correcting the violation is not necessary to protect health and safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146. (5) The enforcement agency shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial approval of the application pursuant to paragraph (4).
(b) For purposes of this section, “accessory dwelling unit” has the same meaning as defined in Section 65852.2. (c) This section shall remain in effect only until January 1, 2035, and as of that date is repealed.

SEC. 7. Section 2.5 of this bill incorporates amendments to Section 65852.2 of the Government Code proposed by both this bill and Assembly Bill 2221. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65852.2 of the Government Code, and (3) this bill is enacted after Assembly Bill 2221, in which case Section 2 of this bill shall not become operative.

SEC. 8.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or Item 3B - Page 41
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Item 3B - Page 42

CITY COUNCIL STAFF REPORT
01/26/2023
SUBJECT:

INTRODUCTION OF AN ORDINANCE, ENTITLED “AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 16.04 OF THE PALM SPRINGS MUNICIPAL CODE ENTITLED “GENERAL RULES AND REGULATIONS” AND SECTION 11.08.080, RELATING TO TRESPASS ON RESIDENTIAL AND PUBLIC PROPERTY”
RECOMMENDATION:

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

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

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 16.04 OF THE PALM SPRINGS MUNICIPAL CODE ENTITLED “GENERAL RULES AND REGULATIONS” AND SECTION 11.08.080, RELATING TO TRESPASS ON RESIDENTIAL AND PUBLIC PROPERTY.”
Attachments
Item 3C

CITY COUNCIL STAFF REPORT

DATE: JANUARY 26, 2023 BUSINESS & LEGISLATIVE

SUBJECT: INTRODUCTION OF ORDINANCE NO. ____, ENTITLED “ AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 16.04 OF THE PALM SPRINGS
MUNICIPAL CODE ENTITLED “GENERAL RULES AND REGULATIONS” AND SECTION 11.08.080, RELATING TO TRESPASS ON RESIDENTIAL AND PUBLIC PROPERTY”

FROM: Teresa Gallavan, Interim City Manager

BY: Harry Barrett Jr., A.A.E., Executive Director of Aviation Andrew Mills, Police Chief
Jeffrey S. Ballinger, City Attorney

SUMMARY:

Palm Springs International Airport (Airport) is located in the City, covers an area of 940 acres, operates year-round, and now serves more than two million passengers per year.

The Airport has also experienced an unexpected and unprecedented level of growth in the past year.

Meanwhile, the Airport has experienced an increase in persons occupying Airport property without any legitimate purpose or business related to airport services or facilities.

At the same time, the Airport is a high security risk location and has limited space and physical limitations such that it cannot accommodate those without legitimate airport business.

To address these facts, the Airport staff and Palm Springs Police Department requested the City Attorney’s Office to draft the proposed ordinance. The proposed ordinance would set forth guidelines on the lawful use and occupancy of Airport property with the goal of enhancing Airport operations to make them more safe, secure, and efficient.

In addition, the proposed ordinance would also clarify the authority with regard to trespassing on public property in other parts of the City.

RECOMMENDATION:

1. Waive the reading of the ordinance text in its entirety and read by title only; and Item 3C - Page 1

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

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA, AMENDING CHAPTER 16.04 OF THE PALM SPRINGS MUNICIPAL CODE ENTITLED “GENERAL RULES AND REGULATIONS” AND SECTION 11.08.080, RELATING TO TRESPASS ON RESIDENTIAL AND PUBLIC PROPERTY.”

BACKGROUND
:

The City of Palm Springs owns, operates, regulates the Palm Springs International Airport (PSP). The City’s airport regulations are primarily found in Title 16 of the Palm Springs Municipal Code (PSMC), also known as the “Airport Ordinance.”

Over the past year, the Airport has experienced an increase in the number of homeless individuals who utilize the Airport buildings as shelter. For instance, this past Fall, the Airport encountered an individual who had been staying at the Airport for six weeks.

Around that time, the Airport had up to fourteen unhoused individuals on- site/in the terminal area during one week.

While the City is committed to assisting homeless individuals with finding resources, including housing, the Airport is intended for the very specific purpose of transportation, and must remain securely available for that purpose. As such, the Airport staff and Police Department requested the City Attorney’s Office assistance in draft ing the proposed update to the Ai rport Ordinance. The proposed ordinance would limit the use of Airport property to those individuals who are there for specific traveling or travel -related purposes.

STAFF ANALYSIS
:

Airport Ordinance

Unlike other municipally owned airports, the City’s Airport Ordinance does not contain a specific regulation dealing with the use and occupancy of Airport grounds. For instance, the Los Angeles Municipal Code contains the following language, regarding the use of Los Angeles International Airport (LAX):

Los Angeles Municipal Code § 171.02.

(n) No person shall enter any restricted area posted as being closed to the public except those who may be duly authorized so to do. (o) In addition to any penalty otherwise provided by law, any person failing to comply with any of these rules or regulations may be promptly removed from the Airport and deprived of its use for such period of time as may be necessary to insure the safety of the Airport and of the public.

As can be seen from the map linked below, virtually all of LAX is designated as “ closed to the public”, and Los Angeles’ website contains the following language:

Item 3C - Page 2
“LAX Hours of Operation and Access
Entry to LAX is only allowed for airline passengers and persons meeting, accompanying or assisting them, and airport personnel whose employment requires their presence. LAX is closed to the general public 24 hours a day, 7 days a week.

Opening hours for passengers and personnel vary between terminals; persons are advised to check with their airline or employer.

The closure applies to all areas and buildings shown in the map below.

Persons violating the closure are subject to arrest and misdemeanor prosecution (Los Angeles Municipal Code Section 171.02(n)). ” (https://www.flylax.com/hours-of-operation
)

In response to the Airport Staff and Police Department’s concerns, the City Attorney’s Office has drafted the accompanying ordinance. Unlike the LAX ordinance, which designates virtually the entire LAX property as “closed to the public”, the proposed ordinance specifies that individuals may enter or remain on the Airport property, but only for certain legitimate airport purposes . Specifically, such airport purposes include the following:
• Working at the Airport;
• Engaging in permitted commerce (such as shoppi ng at the Airport restaurants or shops or renting/dropping off a rental car); • Conducting an activity for which a permit has been issued by the City; • Departing the Airport as a ticketed airline passenger; • Arriving at the Airport as a ticketed airline passenger; • Engaging an airline for customer service purposes, such as purchasing or rescheduling a flight, or filing a claim for lost luggage, among other similar customer service purposes;
• Waiting for or escorting an individual engaged in the activities above.

Enforcement of this provision could include either a misdemeanor citation/arrest or as an infraction, or through removal of the individual(s) . Of course, prior to any such enforcement, the Police would offer the subject with available shelter resources.

Airport staff, the Police Department and the City Attorney’s Office believe that this ordinance will be effective in ensuring that the Airport property is used only for Airport - related activities, and not as shelter.

Item 3C - Page 3
Trespass Ordinance

In addition to the Airport Ordinance, the City’s Municipal Code contains a provision addressing trespassing on publicly owned property generally. That code section,

11.08.080, provides, in pertinent part,

“11.08.080 Trespass.

No person shall commit a trespass on … public property. “Trespass” for the purpose of this section means:

***

(2) Entering upon, or refusing to leave, any public property in violation of regulations promulgated by the official charged with the security, care or maintenance of the property and approved by the governing body of the public agency owning property, where such regulations have been conspicuously posted or where immediately prior to such entry, or subsequent thereto, such regulations are made known by the official charged with the security, care or maintenance of the property, his agent or a police officer.”

Under the City’s Municipal Code, the voters of the City have adopted an ordinance delegating to the City Manager the authority to “exercise general supervision over all public buildings, public parks and other public property which are under the control and jurisdiction of the City Council ….” (PSMC 2.08.010 (adopted by Initiative Ordinance No. 116).)

In order for the City’s current trespass ordinance to be effective as it relates to City property generally (i.e., City Hall, the dog park, the Convention Center, a City park), both the City Manager and the City Council must promulgate and approve regulations regarding trespass . A search of City records reveals that the City Council has never approved any such trespass regulations.

In order to conform the City’s trespass ordinance, as it pertains to public property generally, the City Attorney’s Office has drafted the accompanying ordinance language.

Under the proposed ordinance, for City property generally, the City Manager would be authorized to promulgate rules as to when and how City property may be used/occupied.

For public property of other public agencies, such as the school district, etc., the governing body of that agency would still need to approve any regulations regarding trespass on that agency’s property, in order to be protected by this ordinance.

The proposed ordinance would read,

“11.08.080 Trespass.

Item 3C - Page 4
No person shall commit a trespass on … public property. “Trespass” for the purpose of this section means:
***
(2) Entering upon, or refusing to leave, any public property in violation of regulations promulgated by either: (A) for public agencies other than the City, the official charged with the security, care or maintenance of the property and approved by the governing body of the public agency owning property ; or (B) for the City, the City Manager, where such regulations have been conspicuously posted or where immediately prior to such entry, or subsequent thereto, such regulations are made known by the official charged with the security, care or maintenance of the property, his agent or a police officer.”

Therefore, the City Attorney’s Office would recommend adoption of the accompanying language in order to conform the City’s trespass ordinance (as it applies to public property) to the City’s ordinance, regarding the City Manager’s authority.

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. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. This proposed ordinance, concerning the lawful use of Palm Springs International Airport and other public property in the City of Palm Springs, is an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

The proposed ordinance aligns with the City’s Strategic Plan, namely “Focus on issues that most impact quality of life”, and more spec ifically, “1A - Improve Homelessness - Improve security/ maintenance”, in that this ordinance will help ensure that the Airport property is used for its intended purpose, as well as preventing trespass on public property.

FISCAL IMPACT:

This proposed ordinance is not expected to have any significant financial impacts.

Item 3C - Page 5
REVIEWED BY:

Airport Director: Harry Barrett, Jr.

Police Chief: Andrew G. Mills
City Attorney: Jeffrey S. Ballinger
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Proposed Ordinance.

Item 3C - Page 6
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS CALIFORNIA, AMENDING CHAPTER 16.04

OF THE PALM SPRINGS MUNICIPAL CODE ENTITLED
“GENERAL RULES AND REGULATIONS ” AND SECTION

11.08.080, RELATING TO TRESPASS ON RESIDENTIAL

AND PUBLIC PROPERTY

City Attorney Summary
This Ordinance revises Chapter 16.04 of the Palm Springs Municipal Code entitled “General Rules and Regulations ,” to prohibit entering and remaining at the Airport with the goal of enhanced safety and efficiency of operations. This Ordinance also amends Section 11.08.080 of the Palm Springs Municipal Code to clarify that the City Manager may designate areas of public property where trespassing is prohibited. This Ordinance also amends Section 11.08.080 of the Palm
Springs Municipal Code, regarding trespassing on public property.

WHEREAS, the City of Palm Springs is a charter city organized pursuant to Article XI of the California Constitution and pursuant to the authority so granted, the City has the power to make and enforce within its limits all ordinances and regulations with respect to municipal affairs not in conflict with its own charter; and such police powers include without limitation the ability to adopt regulations pertaining generally to the protection and promotion of the public health, safety, and welfare.

WHEREAS, the airport has limited space and physical limitations that cannot accommodate those without legitimate airport business.

WHEREAS, the airport has high and increasing volumes of passenger traffic.

WHEREAS, the airport is a high risk location where those without airport business pose a general safety and security to the airport, airport staff, and the travelling public.

WHEREAS, the airport has experienced an increase in persons occupying the airport without any legitimate purpose or business related to airport services or facilities.

WHEREAS, this Ordinance amends Title 16 to add a prohibition against entering and remaining at the Airport without a legitimate business purpose.

WHEREAS, the purpose of this Ordinance is to enhance airport operations to make them more safe and efficient.

WHEREAS, this Ordinance sets forth sufficient guidelines for law enforcement, thus eliminating the risk of arbitrary and discriminatory enforcement.

Item 3C - Page 7
W
HEREAS, the City Council finds that the adoption and implementation of the Ordinance set forth below is within the power and authority of the City to protect the public health, safety, and welfare of the City’s citizens.

WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

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

SECTION 1. Incorporation of Recitals. The City Council finds that all the facts, findings, and conclusions set forth above in this Ordinance are true and correct.

SECTION 2. New Section 16.04.145. The Palm Springs Municipal Code is hereby amended to add a new Section 16.04.145 to read as follows:

“16.04.145 E ntering or R emaining Without Legitimate Airport Business Prohibited
(a) It is unlawful for a p erson to enter or remain in any area of the Airport unless the person has legitimate airport business.
(b) Legitimate airport business includes:
(1) Working at the Airport;
(2) Engaging in permitted commerce;
(3) Conducting an activity for which a permit has been issued by the City;
(4) Departing the Airport as a ticketed airline passenger; (5) Arriving at the Airport as a ticketed airline passenger; (6) Engaging an airline for customer service purposes, such as purchasing or rescheduling a flight, or filing a claim for lost luggage, among other similar customer service purposes; (7) Waiting for or escorting an individual engaged in the activities enumerated in this subsection.
(c) Any person who violates any provision of this Chapter is guilty of a misdemeanor punishable by a fine of up to $1,000, or by imprisonment in the County jail not exceeding six months, or by both such fine and imprisonment, except the City Attorney or the citing officer may charge a violation of this Chapter as an infraction, in his or her discretion, as set forth in Section 1.01.140 of this Code.
(d) In addition to any penalty otherwise provided by law, any person failing to comply with this Section may be promptly removed from the Airport.”

SECTION 3. Amendment to PSMC Section 11.08.080. Section 11.08.080 is hereby amended to read as follows:

“11.08.080 Trespass.

No person shall commit a trespass on residential property or on public property. “Trespass” for the purpose of this section means:
(1) Entering upon, or refusing to leave, any residential property of another, either where such property has been posted with NO Item 3C - Page 8
T
RESPASSING signs, or where immediately prior to such
entry, or subsequent thereto, notice is given by the owner or occupant, orally or in writing, that such entry, or con tinued presence, is prohibited;
(2) Entering upon, or refusing to leave, any public property in violation of regulations promulgated by either: (A) for public agencies other than the City, the official charged with the security, care or maintenance of the property and approved by the governing body of the public agency owning property ;
or (B) for the City, the City Manager , where such regulations have been conspicuously posted or where immediately prior to such entry, or subsequent thereto, such regulations are made known by the official charged with the security, care or maintenance of the property, his agent or a police officer.”

SECTION 4. CEQA. The City Council determines that the adoption of this Ordinance is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to the following provisions of the CEQA Guidelines, 14 California Code of Regulations, Chapter 3: the Ordinance is exempt under CEQA Guidelines Section 15378(b)(5) in that it is not a “project” under CEQA, and is an organization or administrative activity of the City that will not result in direct or indirect physical changes in the environment.

SECTION 5. Adoption, Certification, and Publication. The City Clerk of the City of Palm Springs shall certify the passage and adoption of this Ordinance and shall cause the same, or a summary thereof, to be published and/or posted in the manner required by law. This Ordinance shall take effect 30 days after its adoption.

SECTION 6. Severability. If any provision of this Ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity will not affect the remaining provisions of this Ordinance, which can be implemented without the invalid provisions, and to this end, the provisions of this Ordinance are declared to be severable.

INTRODUCED at a regular meeting of the City Council of the City of Palm Springs on the ____ of ________________, 2023, by the following vote:

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Palm Springs on this ____ day of ________________, 2023 by the following vote:

GRACE GARNER
MAYOR
ATTEST:

BRENDA PREE

CITY CLERK
Item 3C - Page 9
C

ERTIFICATION

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 ______________, 2023.

BRENDA PREE

CITY CLERK

Item 3C - Page 10

CITY COUNCIL STAFF REPORT
01/26/2023
SUBJECT:

DISCUSSION ON DISPOSITION OF DESERT HIGHLAND GATEWAY ESTATES

SINGLE-FAMILY RESIDENTIAL LOTS
RECOMMENDATION:

Provide staff direction on issuance of a Request for Proposals to dispose of three single-family lots in the Desert Highlands Gateway Estates Community.

Attachments
Item 3D

CITY COUNCIL STAFF REPORT

DATE: JANUARY 26, 2023 BUSINESS & LEGISLATIVE

SUBJECT: DISCUSSION ON DISPOSITION OF DESERT HIGHLAND GATEWAY

ESTATES SINGLE-FAMILY RESIDENTIAL LOTS

FROM: Teresa Gallavan, Interim City Manager

BY: Community & Economic Development Department

SUMMARY:

Staff is seeking direction on the sale of three single-family lots (Properties) located in the Desert Highlands Gateway Estates Community. T wo of the lots are owned by the Palm Springs Housing Successor Agency and one is owned by the City of Palm Springs. The Properties may be leveraged in various ways to create opportunities for home ownership, affordable rental housing, apprenticeship training, and demonstration projects such as net positive building and cost-efficient construction technologies. The Properties may also be sold for fair market value.

RECOMMENDATION:

Provide staff direction on issuance of a Request for Proposals to dispose of three single- family lots in the Desert Highlands Gateway Estates Community.

BACKGROUND:

The Palm Springs Redevelopment Agency acquired the two Housing Successor Agency lots in the Desert Highland Gateway Estates community in 2004 with Low -Moderate Housing Set Aside Funds . A third lot, which is currently owned by the City of Palm Springs, was intended to be included as part of the City’s “sweat equity” home construction program. A total of five homes were completed under the sweat equity program, but projects were never initiated for the subject Properties. With the dissolution of redevelopment programs in California, all such projects were further suspended or cancelled.

In 2017, staff met with affordable housing developers to discuss the potential for utilizing the Properties for a new sweat equity program. However, staff was informed that the three lots did not provide the necessary economies of scale. To operate such a program, a project manager would have to be hired to work with community members in constructing Item 3D - Page 1
the homes and the cost of a project manager could not be justified for building just three single-family homes. Subsequently, in 2018 staff was asked to sell the Properties at fair market value. At that time, a Request for Proposals (RFP) was issued but no proposals were submitted.

The Properties ’ addresses and other property details are below. A map showing the locations of the Properties is provided in Attachment A.

Housing Successor Properties
• 233 West Tramview Road, APN 501-401-010, .17 Acres, R-1-D Zone • El Dorado Boulevard (no address), APN 401-401-039, .21 Acres, R-1-D Zone

City Property
• Rosa Parks Road (no address), APN 669-353-001, .22 Acres, R-1-D Zone

The real estate market has significantly changed since 2018 and there are new sources of financing available for affordable housing. Over the past few months, staff has received expressions of interest in acquiring the Properties. This includes inquiries from affordable housing developers who previously informed staff that sweat equity programs on the Properties were not feasible. Given the renewed interest in the Properties at this time, staff is seeking direction from the City Council on what goals, outcomes, services, or community impacts it would like to achieve using these Properties. The direction provided will assist staff with incorporating the project goals into a new RFP.

STAFF ANALYSIS:

In developing the Properties, it is important to note certain rules established by the City’s development standards and State’s funding requirements.

Zoning

All the Properties are within an R-1 zone which is generally defined in the City’s Municipal Code as:

“Five (5) single-family residential zones (R -1-AH, R-1-A, R-1-B, R-1-C, R- 1-D) have been established to provide a variety of low -density housing types and neighborhoods. Development standards are designed to provide protection and enhancement of the natural and urban setting consistent with the goals of the general plan. (Ord. 1294, 1988)”

All of the Properties are zoned R-1-D; development standards for R -1-D properties can be found in Attachment B under the R-1-D column header.

Item 3D - Page 2
Senate Bill 9

With the approval of Senate Bill 9 (SB 9) signed into law by Governor Newsom o n September 16, 2021, urban lot splits and two- unit housing developments within single- family residential zones may be allowed. The October 17, 2022, staff report requesting amendments to the Palm Springs Municipal Code Section 9.62.55 and Palm Springs Zone Code Section 93.23.21 relative to development standards for urban lot splits and two-unit residential developments is provided as Attachment C and provides more detail on how SB 9 might apply to the Properties. Under this ordinance, each of the lots could potentially be developed with four residential units for a total of 12 potential residential units.

Housing Successor Agency Affordability Requirements

As part of the redevelopment dissolution process for the City of Palm Springs, the City elected to have the Former Redevelopment Agency’s Housing Assets deposited into the City’s Low and Moderate- income Housing Asset fund. Redevelopment Dissolution Law (AB 1X 26, AB 1484, and SB 107) required jurisdictions to create a Low and Moderate - income Housing Asset fund to hold former redevelopment agency housing assets as opposed to conveying those assets to the State.

Furthermore, the former redevelopment agency housing assets held by cities are required to be used to improve housing options affordable to households earning up to 80% or less of the area median income (“AMI”). This means that no funding may be spent on “moderate-income households,” those earning more than 80% and up to 120% of the AMI, as was previously authorized by redevelopment law. If the Housing Successor Agency lots are contributed to a housing project at a below market price the project will be required to serve households below 80% of the AMI. The 2022 80% AMI level is represented by the “Low Income” category below:

The Properties may also be sold at fair market value. However, this would require the sales proceeds be deposited into the Low and Moderate- income Housing Asset fund .

Proceeds from the fair market value sale of the City-owned property would be returned to the General Fund.

With these requirements in mind one can see there are still various types of residential projects the City may request in the RFP to achieve its desired outcomes. This includes INUmber of Persons In House'hold: II 1 2 3 4 5 6, 7 8
Ac11tely Low 9150 110500 U.800 1311011), 14150 15200 16250 17300 EJ;;tremely Low 1.8500 2:USO ,23,800 27750 3:2470 371:90 419•10 46630 Riverside Co11nty Very Low Income 30800 35200 39600 44000 475:SO 51050 54600 581•00 Area Med ian noome: Low lnoo.me 49300 56,350 63:400 70400 716050 817i(l0 87300 92950 S67,400 meman income , Oll i: IJU Q:sl:IW J'lllI~U o , .. u u -'IUU J!.1Ul..4UU .lUll'IUU l.l.~ :l~U Moderate lnrnml!! 73450 83900 94400 104900 U330 0 121700 130100 138450 Item 3D - Page 3
creating opportunities for home ownership, affordable rental housing, apprenticeship training, net positive bui lding and cost-efficient construction technology demonstration projects, or any combination of these types of programs as discussed below . The Properties may also be sold for fair market value.

Potential Project Objectives

Home Ownership –
Sweat Equity

With sweat equity projects, homeowners “earn” equity, or an ownership interest, in a property by providing a certain amount of the labor to construct their home. The participant can use that equity as the down payment on their house.

Including this project objective would request proposals to incorporate concepts for a sweat equity program that
results in home ownership. Home ownership programs are
typically geared towards first time home buyers.

Home Ownership –
New Construction /
Down Payment /
Mortgage
Assistance

This project objective would couple new construction of housing units with home ownership opportunities. The City would negotiate the disposition of the properties to a
developer in exchange for making the units available to a low-income home buyer.

Including this project objective would request proposals to incorporate concepts for constructing new homes available for home ownership. Home ownership programs are
typically geared towards first time home buyers.

New Rental Units
This project objective would couple new construction of housing units with rental housing opportunities. The City would negotiate the disposition of the properties to a
developer in exchange for making the units available to low-income renters.

Including this project objective would request proposals to incorporate concepts for new rental housing units.

Local Hire
Apprenticeship /
Workforce
Development
Local Hire Apprenticeship and Workforce Development
Programs typically require developers to achieve a certain percentage of resident apprenticeship hire goals.

Including this project objective would request proposals to incorporate concepts for local hire apprenticeship and
workforce development program.

Item 3D - Page 4
Net Positive
Demonstration
Project
Net positive buildings produce more energy than they
consume on an annual basis.

Including this project objective would request proposals to incorporate concepts for constructing net positive homes.

Cost-efficient
Construction
Technologies
Strategies to reduce the cost of constructing homes have included use of less expensive materials, prefabricated buildings, modular buildings, natural and recycled
materials, and 3D Printed concrete.

Including this project objective would request proposals to incorporate concepts for cost-effective construction
technologies.

Fair Market Value
Sale

This option would require the sales proceeds from the
Successor Agency lots be deposited into the Low and
Moderate-Income Housing Asset fund for future affordable housing use. Sales proceeds from the City-owned lot would be returned to the General Fund.

Successful proposals would have the option to utilize the properties according to land use and development standard regulations.

It should be noted that a challenge with using the Housing Successor Agency lots for down payment assistance programs is that the participant incomes must be below a certain level. For the Housing Successor Agency lots, participant incomes would have to be below 80% AMI. Given the lower incomes, these participants will require greater amounts of financial assistance than for those whose incomes fall into the moderate- income level (80% - 120% AMI). With limited funding this has the effect of reducing the number of households that can be served.

Staff requests direction on which of the above, or any other Potential Project Goals , or combination of Potential Project Goals, should be addressed through the RFP.

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. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. Th e guidance being requested is an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment.

Item 3D - Page 5
ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with Quality of Life, Expand Housing Affordability strategic objective.

FISCAL IMPACT
:

There is no fiscal impact at this time.

REVIEWED BY:

Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Location Map of Subject Properties
B. R1 Development Standards
C. October 17, 2022, Staff Report (SB 9)

Item 3D - Page 6

ATTACHMENT A

Item 3D - Page 7

ATACHMENT A

APN: 669-401-039
APN: 669-401-010
APN: 669-353-001
West Tramview Road
' I ~---h~ l llll
Item 3D - Page 8

ATTACHMENT B

Item 3D - Page 9
Palm Springs, California Municipal Code

ZONING CODE
Chapter 92.00 ZONING REGULATIONS

92.01.03 Property development standards.

The following property development standards shall apply to all land and buildings in the R-1 zones, except that any lot created in compliance with applicable laws and ordinances in effect at the time of is creation may be used as a building site.

All lots hereafter created shall comply with the following minimum standards and lots now held under separate ownerships or of record shall not be reduced below these standards.

A. Minimum Lot Standards.

R-1-AH R-1-A R-1-B R-1-C R-1-D R-1-E

1. Lot area
(in square feet) 20,000 20,000 15,000 10,000 7,500 5,000 (fairway lots only) - - - 12,500 - -

2. Minimum width (in feet):

Interior lots 130 130 120 100 75 50
Corner lots:
a. Siding local/ collector street 140 140 130 110 82 55 b. Reverse 140 140 130 110 92 55
c. Siding major thoroughfare 165 165 150 140 117 NP1
d. Siding secondary thoroughfare 155 155 140 130 107 65 e. Cul-de-sac/curve lots (average widths) 130 130 120 100 75 50

3. Minimum depth (in feet):

Backing on:
a. Interior lot/Local/Collector street 120 120 120 100 100 90 b. Major thoroughfare/State hwy. 160 160 160 140 140 100 c. Secondary thoroughfare 150 150 150 130 130 100
d. Fairway 120 120 120 100 100 90
Facing on:
a. Major thoroughfare 145 145 145 125 125 NP1
b. Secondary thoroughfare 135 135 135 115 115 100
Item 3D - Page 10

1 Not permitted.

B. Yards and Building Standards.

R-1-AH R-1-A R-1-B R-1-C R-1-D R-1-E

1. Front yards:
a. Local/Collector street 25 25 25 25 25 15
b. Major thoroughfare 50 50 50 50 50 NP1
c. Secondary thoroughfare 25 25 25 25 25 20
d. Service road 25 25 25 25 25 15
e. Curve lot/Cul-de-sac 20 20 20 20 20 15
f. Special conditions (See Section 93.01.00)

2. Side yards:
a. Interior 10 10 10 10 7.5 6
b. Corner
(1) Local/Collector street 20 20 20 20 15 15
(2) Reverse on local street 25 25 25 25 25 15
(3) Major thoroughfare 50 50 50 50 50 NP1
(4) Secondary thoroughfare 25 25 25 25 25 25
(5) Service road 25 25 25 25 25 15
(6) Special conditions (See Section 93.01.00)

3. Rear yards:
a. Backing on interior lot/local/ collector street 15 15 15 15 15 15 b. Backing on major thoroughfare 25 25 25 25 25 25
c. Backing on secondary thoroughfare 25 25 25 25 25 25
d. Backing on fairway 20 20 20 20 20 15
e. Special conditions (See Section 93.01.00)

4. Lot coverage (max.) 35% 35% 35% 35% 35% 45%

5. Building Envelope. Buildings shall not exceed one
(1) story and twelve (12) feet in height at the
minimum setback. From the minimum setback, the
height may be allowed to increase along a plane
which has a slope of 4:12, until a building height of
eighteen (18) feet is attained. Gable ends, dormers,
shed roof eaves, butterfly or folded-plate roofs, and
front entrance treatments, not exceeding fifteen
(15) feet in height, may encroach past the building
envelope limits. These regulations may be modified
by the Architectural Review Committee for hillside
lots pursuant to Section 94.06.01.

Item 3D - Page 11

R-1-AH R-1-A R-1-B R-1-C R-1-D R-1-E

6. Garages/Carports. Garages shall be located not
less than twenty-five (25) feet from the property line
abutting the street from which such garage has
vehicular access and twenty-five (25) feet from the
opposite side of the alley from which such garage
has vehicular access. In the R-1-E zone, garages
shall be located not less than twenty (20) feet from
the front and side front property lines. Garages may
be detached from the main building in the R-1-A, R-
1-AH and hillside areas only.

1 Not permitted.

C. Yard Exceptions.

1. Front Yards.
a. Lots substandard in depth by ten (10) percent or greater than the zone requirement facing on a major or secondary thoroughfare shall have a front yard of not less than twenty-five (25) feet. i. The front fifteen (15) feet of such yard shall be landscaped and maintained. The rear portion of such front yard may be used for accessory nondwelling structures and uses; provided:
(A) A wall or solid fence not more than six (6) feet in height or solid screen landscaping is installed not less than fifteen (15) feet from the front property line or future highway line; (B) No accessory structures within such rear portion shall have a height greater than ten (10) feet; (C) No accessory structure within such rear portion shall be less than ten (10) feet from such wall, fence or screen landscaping unless the height of such structure is less than the height of such wall, fence or screen landscaping;
(D) No structure shall be permitted in any corner cutback area. b. Key lots shall have a front yard not less than the front yard for the adjoining interior lot. When the front yard on the adjoining interior lot is less than prescribed by this Zoning Code, the key lot front yard may be the same but shall in no case be less than fifteen (15) feet.
c. Partially Built-up Blocks.

Where lots comprising fifty (50) percent or more of the block frontage are developed with a front yard lesser than that prescribed in this Zoning Code, the average of such existing front yards shall establish the front yard for the remaining lots in the block frontage; provided, a front yard determined in this manner shall be not less than fifteen (15) feet.

Existing front yards greater than forty (40) feet shall be computed as forty (40) feet in computing the average. d. Neighborhood Unit Plans.

Where the entire block frontage is designed and developed as a unit, the front yard requirements may be varied by not more than five (5) feet in either direction; provided that, the average front yard for the entire block frontage is not less than that required in the zone.

2. Side Yards.

Item 3D - Page 12
a. Lots substandard in width ten (10) percent or greater than the zone requirement shall have a side yard on each side of not less than ten (10) percent of the width of the lot, but in no case shall such yard be less than five (5) feet in width.
b. Corner lots substandard in width ten (10) feet or greater than the zone requirement shall have a side yard on the street or thoroughfare side of not less than twenty (20) percent of the width of the lot but in no case shall such yard be less than fifteen (15) feet in width for R-1-A, R-1-AH, R-1-B, R-1-C, R-1-D, and R-1-E zones respectively. c. Corner or reversed corner lots siding on major or a secondary thoroughfare shall have a side yard of not less than twenty-five (25) feet. Such side yard may be used for accessory nondwelling structures and uses; provided:
i. A wall or solid fence not more than six (6) feet in height or solid screen landscaping is installed on future highway line;
ii.

No accessory structures within such side yard shall have a height greater than ten (10) feet; fifteen (15) feet in R-1-AH and R-1-A zones;
iii. No accessory structure within such side yard shall be less than ten (10) feet or fifteen (15) feet in R-1-A and R-1-AH zones from such wall, fence or screen landscaping unless the height of such structure is less than the height of such wall;
iv.

No structure shall be permitted in any corner cutback area.

3. Rear Yards.
a. Lots substandard in depth by ten (10) percent or greater than the zone requirement backing on a state highway or major or secondary thoroughfare shall have a rear yard of not less than twenty-five (25) feet. Such rear yard may be used for accessory nondwelling structures and uses; provided:
i. A wall or solid fence not more than six (6) feet in height or solid screen landscaping is installed on the future highway line;
ii.

No accessory structures within such rear yard shall have a height greater than ten (10) feet; iii. No accessory structure within such rear yard shall be less than ten (10) feet from such wall, fence or screen landscaping unless the height of such structure is less than the height of said wall, fence or screen landscaping;
iv.

No structure shall be permitted in any corner setback area. b. Garage or Carport Structures (R-1-E Zone only). Garage or carport structures may be located within the rear yard setback area where the structure takes direct access from an alleyway at the rear of the lot, or takes access from a driveway extending along the side property line to the rear of the lot. The garage or carport structure shall be located a minimum of five (5) feet from the rear property line, and shall conform to the minimum side yard setback. The garage or carport structure may be located at the side property line when approved as part of a zero- lot line development under section (E)(12).

D. Exceptions—Lot Coverage (R-1-E Zone only).

1. Covered Porches. Non-habitable covered porches, which are open on at least one side, may be excluded from lot coverage requirements in accordance with the definition listed in Section 91.00.10. Non-habitable covered porches shall be subject to all setback requirements.

2. Increased Lot Coverage. The maximum lot coverage in the R-1-E zone may be increased to fifty percent (50%) under either of the following conditions:

Item 3D - Page 13

a. An accessory dwelling unit is permitted and constructed in conformance to the requirements of Section

93.23.14; and/or
b. A garage or carport structure is constructed at the rear of the lot in the rear yard setback area in conformance to the requirements of subsection (3)(b).

E. General Provisions.

1. See Section 92.01.03(B)(7).

2. Hillside Lots.

Hillside lot front yards and building heights may be modified by the Director as provided in Section 94.06.01.

3. Exceptions.

For exceptions (Permitted projections into required yards), the provisions of Section 93.01.00(F) shall apply.

4. Distance Between Buildings.
a. For structures relating to the keeping of horses, the provisions of Section 92.21.01(D)(5) shall apply. b. Minimum distance between buildings, accessory or main, shall be six (6) feet unless such buildings have a common wall.
c.

Buildings, accessory or main, over twelve (12) feet in height shall be separated by a minimum distance of ten (10) feet unless such buildings have a common wall.

5. Walls, Fences and Landscaping.
a. The provisions of Section 93.02.00 shall apply, except that walls and fences, not exceeding six (6) feet in height, may be installed not less than fifteen (15) feet from the front property line (or future right-of-way line) on parcels which have frontage on major thoroughfares as indicated by the general plan. b. Front and side front yards required under subsection (B) of this Section shall be developed and maintained with a majority (51%) of decorative landscape materials, unless a vehicle turnaround is required to avoid traffic hazards on an adjacent street in the opinion of the City Engineer, in which case a minimum of twenty-five percent (25%) decorative landscape material is required. The remainder of said front yard may be used for off-street parking, walkways, and other non-pervious surfaces as necessary to provide improved access from the adjacent right-of-way to the residence.

6. Access.

The provisions of Section 93.05.00 shall apply.

7. Off-Street Parking.

Parking is permitted only where improved per Section 93.06.00 and in areas designed specifically for that use, unless otherwise approved by the planning commission or the Director. Such areas shall be located no closer than five (5) feet to any property line adjacent to a street.

8. Off-Street Loading.

The provisions of Section 93.07.00 shall apply.

9. Signs.

The provisions of Section 93.20.00 shall apply.

Item 3D - Page 14

10. Antennas.

The provisions of Section 93.08.00 shall apply.

11. Yard Lighting.

Any nonincandescent light source shall not be visible from off the property and shall be so arranged to reflect light away from adjoining properties and streets.

12. Zero-Lot Line Development.
a. Districts where permitted. Zero-lot line development may be permitted in the R-1-E zoning district. b. Permitted Development Types. Zero-lot line developments may include the following configurations:
i. The structure is situated on a parcel so that one or more portions of the structure is located on the side property line;
ii.

The structure is situated on a parcel so that one or more portions of the structure is located on the side property line and attached to the dwelling unit on the abutting parcel; or iii. Side yard setback for the structure is reduced, and an exclusive use easement is provided on the abutting parcel.
c. Development Standards.
i. Lot size. The minimum lot size shall comply with the requirements for the R-1-E zone. ii. Lot coverage. The lot coverage shall comply with the requirements for the R-1-E zone. iii. Setbacks. Front and rear yard setbacks shall comply with the requirements for the R-1-E zone. Side yard setbacks may be reduced along one property line, provided the opposite side yard setback is increased by the corresponding setback reduction; in no case shall the aggregate side yard setbacks be less than twelve (12) feet. Accessory buildings and structures shall conform to the setbacks established for the primary dwelling unit. This setback reduction shall not apply to side yard setbacks adjacent to parcels that are not part of the zero lot-line development.
iv.

Height limitation. The maximum building height shall comply with the requirements for the R-1-E zone. v. Mechanical equipment. Mechanical equipment may be permitted in side yard areas, subject to the requirements of Section 93.01.00.
d. Application Procedures. Zero-lot line developments shall be processed and reviewed via a Tentative Map application. The map shall identify the zero-lot line configuration on each parcel, the setbacks for each parcel, and the area for any exclusive use easement.
(Ord. 2063 §§ 9,10, 2022; Ord. 2041 §§ 4, 5, 2021; Ord. 2031 § 35, 2020; Ord. 2020 §§ 9—11, 2020; Ord. 1984 § 19; Ord. 1979 §§ 2—6, 2019; Ord. 1553, 1998; Ord. 1418, 1992; Ord. 1366, 1991; Ord. 1347, 1990; Ord. 1307, 1988; Ord. 1294, 1988)
Contact:

Item 3D - Page 15

City Clerk: 760-323-8204
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use.

Item 3D - Page 16

ATTACHMENT C

Item 3D - Page 17

CITY COUNCIL STAFF REPORT

DATE: OCTOBER 17, 2022 PUBLIC HEARING

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

93.23.21 RELATIVE TO THE DEVELOPMENT STANDARDS FOR URBAN

LOT SPLITS AND TWO -UNIT RESIDENTIAL DEVELOPMENTS (CASE

5.1548 ZTA)

FROM: Teresa Gallavan, Interim City Manager

BY: Flinn Fagg, Deputy City Manager

SUMMARY:

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

RECOMMENDATION:

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

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

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

93.00 OF THE PALM SPRINGS ZONING CODE RELATING TO URBAN LOT

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

BACKGROUND:

Related Relevant City Actions
12/15/21 The Planning Commission held a study session to review information relative to SB 9 and discuss implementation.
===~===-I I
Item 3D - Page 18
Related Relevant City Actions
01/13/22
The City Council adopted Urgency Ordinance No. 2057, establishing interim standards for the approval of urban lot splits and two- unit residential development.
01/26/22
The Planning Commission recommended approval of a regular ordinance to permanently adopt standards for the approval of urban lot splits and two-unit residential development.
01/27/22
The City Council adopted Ordinance No. 2058, establishing permanent standards for urban lot splits and two-unit residential development. As part of the approval, the City Council modified the maximum unit size from 800 square feet to 1,000 square feet and recommended that the Planning Commission study the ordinance further and come back to City Council with recommendations on modifications that would make the ordinance more effective for the development of affordable housing.

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

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

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

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

Item 3D - Page 19
STAFF ANALYSIS:

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

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

• Allow an access easement in addition to a “flag lot” configuration to provide access to lots created as part of the urban lot split process. • Modify the 1,000 square foot unit size limitation to allow for adequate square footage for family dwellings (see additional discussion in the following paragraph). • Modify the limitation on the expansion of any existing dwelling to allow expansions as dictated by lot coverage and setback requirements.
• P rohibit second- floor balconies (in addition to the prohibition on roof decks) to preserve privacy.
• Revise the front yard setback requirements to allow for swimming pools in front yard areas as is currently allowed for all other single-family development. • A llow flexibility in the 25-foot front yard setback requirement if abutting properties have a lesser setback.
• Allow tandem parking configurations, either in a garage, carport, or surface parking area.
• Limit the number of driveways/curb cuts for urban lot splits to preserve the character of residential neighborhoods.
• Eliminate the requirement for architectural consistency where new dwellings will not be visible from public rights-of-way.
• Revise the privacy standards for windows and doors in side and rear yard areas to require fencing or landscape screening to prevent direct views to abutting properties.
• Restrict the width of garage doors as a percentage of the overall façade width when visible from public rights-of-way.
• Minimum required plant sizes modified as part of landscaping and privacy Item 3D - Page 20
requirements.
• Allow for zero -lot line configurations on the resulting lots of an urban lot split to provide additional usable open space and additional separation from structures on abutting lots.

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

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

ENVIRONMENTAL ASSESSMENT
:

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

In addition to being statutorily exempt from CEQA, the proposed ordinance is also categorically exempt from CEQA under the Class 15 exemption set forth in State CEQA Guidelines section 15315. The Class 15 exemption categorically exempts from CEQA, among other things, the division of property in urbanized areas zoned for residential use into four or fewer parcels. Here, the ordinance is categorically exempt under Class 15 exemption because the ordinance regulates a single urban lot split of one parcel into two separate lots between 60 percent and 40 percent of the original lot area in a residential zone. Further, the proposed ordinance is also categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines section 15303. The Clas s 3 exemption categorically exempts from CEQA, among other things, the construction and location of new, small structures and the conversion of existing small structures from one use to another. Section 15303 specifically lists the construction of a second dwelling unit in a residential zone and a duplex or similar multi -family residential structure totaling no more than four dwelling units as examples of activity that expressly falls within this exemption. Here, the ordinance is categorically exempt under the Class 3 exemption because the ordinance regulates the construction of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling Item 3D - Page 21
unit, in a residential zone. Moreover, the City Council finds that none of the “exceptions” to the use of the Class 3 exemption, set forth in State CEQA Guidelines section 15300.2, apply here. Specifically, the City Council finds that the ordinance will:

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

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

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

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

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

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

ALIGNMENT WITH STRATEGIC PLANNING:

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

Item 3D - Page 22
REVIEWED BY:

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

ATTACHMENTS:

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

Item 3D - Page 23

ATTACHMENT A

Item 3D - Page 24
Summary of Proposed Changes: SB 9 Ordinance Amendment

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Item 3D - Page 25
Section 9.62.055
Urban Lot Splits
Section 93.23.21
Two-Unit Projects Change in Text Justification

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

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

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

9.62.055(E)(10)(f)
Parking

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

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

9.62.055(E)(10)(g)
Driveways

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

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

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

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

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

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

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

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

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

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

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

Item 3D - Page 26
Section 9.62.055
Urban Lot Splits
Section 93.23.21
Two-Unit Projects Change in Text Justification

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

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

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

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

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

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

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

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

Item 3D - Page 27

ATTACHMENT B

Item 3D - Page 28
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, AMENDING SECTION

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

CODE RELATING TO URBAN LOT SPLITS AND TWO-UNIT

PROJECTS AND DETERMINING THE ORDINANCE TO BE
EXEMPT FROM CEQA.

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

THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

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

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

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

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

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

Item 3D - Page 29
F. On September 28, 2022, the Planning Commission conducted a duly noticed public hearing to consider Case No. 5.1548 ZTA, an ordinance amending the Zoning Code to revise certain development standards related to urban lot splits and two- unit projects, and by a 5 to 0 vote, approved Resolution #XXXX recommending approval of a Zoning Text Amendment to the City Council; and

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

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

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

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

Item 3D - Page 30
(1) Not result in a potentially significant cumulative impact as the development allowable under this ordinance will only be established in developed areas where environmental analysis and assessment has occurred, and the scope of allowable development will not result in impacts that significantly exceed that of the existing development;

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

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

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

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

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

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

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

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

2. Implement the goals and policies of the Housing Element of the City of Palm Springs General Plan by increasing options for the development of new Item 3D - Page 31
housing units that are affordable for residents with incomes that are at or below the area median income.

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

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

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

Section 9.62.055 Urban Lot Splits

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

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

C. Application.

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

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

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

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

D. Approval.

1. An application for a parcel map for an urban lot split is approved or denied Item 3D - Page 32
ministerially, by the Director, without discretionary review.

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

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

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

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

1. Map Act Compliance.

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

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

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

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

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

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

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

Item 3D - Page 33

(iv) Record a notice of violation.

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

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

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

3. Lot Location.

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

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

(2) A wetland.

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

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

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

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

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

(ii) meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Item 3D - Page 34
Program.

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

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

(9) Habitat for protected species.

(10) Land under conservation easement.

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

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

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

5. No Prior Urban Lot Split.

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

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

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

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

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

(c) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act ( Gov. Code
§§ 7060-7060.7)
Item 3D - Page 35
at any time in the 15 years prior to submission of the urban lot split application.

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

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

7. Lot Size.

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

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

(c) Each of the resulting lots must be between 60 percent and 40 percent of the original lot area.

8. Easements.

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

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

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

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

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

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

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

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

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

10. Unit Standards.

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

(b) Unit Size.

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

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

(ii) more than 500 400 square feet.

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

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

(ii) more than 400 square feet.

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

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

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

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(c) Height Restrictions.

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

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

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

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

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

(e) Setbacks.

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

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

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

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

Item 3D - Page 38

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

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

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

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

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

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

(f) Parking.

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

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

(i)(I) a corridor with fixed route bus service with
service inte rvals no longer than 15 minutes
during peak commute hours or
Item 3D - Page 39

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

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

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

(g) Driveways.

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

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

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

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

(g)(h) Architecture.

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

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

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

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

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

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

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

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

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

(3) All landscaping must be drought tolerant.

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

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

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

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

11. Zero-Lot Line Development.

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

(b) Where a zero-lot line condition is employed along a common side or rear property line on the resulting lots that are created as part of an urban lot split, the opposite side yard or rear yard shall be increased by the corresponding setback reduction. The aggregate setbacks shall be as follows:

(1) The aggregate side yard setback shall be the minimum side yard setback of the underlying zone district or 8 feet, whichever is greater.

(2) The aggregate rear yard setback shall be the minimum rear yard setback of the underlying zone district but may be reduced to 8 feet where the setbacks of the underlying zone physically preclude the construction of up to two units on the lot or either of the two units from being at least 1,000 square feet in area.

11.12. Fire-Hazard Mitigation Measures.

(a) A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:

(1) It must have direct access to a public right -of-way with a paved street with a width of at least 40 feet. The public right - of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.

(2) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.

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(3) All enclosed structures on the site must have fire sprinklers.

(4) All sides of all dwellings on the site must be within a 150- foot hose-pull distance from either the public right-of-way or of an onsite fire hydrant or standpipe.

(5) If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire- authority approved hookups compatible with fire authority standard pump and hose equipment.

(b) Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire hazard mitigation measures in accordance with this subpart (E)(11). The city or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the city’s costs for inspection. Failure to pay is grounds for denying the application.

12.13. Separate Conveyance.

(a) Within a resulting lot.

(1) Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.

(2) Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.

(3) All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.

(b) Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is nec essary to allocate rights and responsibility between the owners of the two lots.

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13.14. Regulation of Uses.

(a) Residential-only. No non- residential use is permitted on any lot created by urban lot split.

(b) No Short-Term Rentals. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.

(c) Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant’s principal residence for a minimum of three (3) years after the urban lot split is approved.

14.15. Notice of Construction.

(a) At least 30 business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

(1) Notice that construction has been authorized,

(2) The anticipated start and end dates for construction,

(3) The hours of construction,

(4) Contact information for the project manager (for construction- related complaints), and

(5) Contact information for the Building & Safety Division.

(b) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

15.16. Deed Restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:

(a) Expressly prohibits any r ental of any dwelling on the property for a period of less than 30 days.

Item 3D - Page 44

(b) Expressly prohibits any non-residential use of the lots created by the urban lot split.

(c) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

(d) States that the property is formed by an urban lot split and is therefore subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and development.

F. Specific Adverse Impacts.

1. Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. “Specific adverse impact” has the same meaning as in Gov. Code §
65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under
Revenue and Taxation Code section 214(g).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact. (Ord. 2058 § 2, 2022; Ord. 2057 § 3, 2022)

SECTION 3. That Section 93.23.21 of the Palm Springs Zoning Code shall be amended as follows:

Section 93.23.21 Two-Unit Projects

A. Purpose. The purpose of this section is to allow and appropriately regulate two- unit projects in accordance with Government Code
section 65852.21.

B. Definition. A “two -unit project” means the development of t wo primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.

Item 3D - Page 45

C. Application.

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

2. An application for a two- unit project must be submitted on the city’s approved form.

3. The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

4. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

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

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

D. A pproval.

1. An application for a two-unit project is approved or denied ministerially, by the Director, without discretionary review.

2. The ministerial approval of a two- unit project does not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements.

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

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

E. Requirements. A two-unit project must satisfy each of the following requirements:

Item 3D - Page 46

1. Map Act Compliance. The lot must have been legally subdivided.

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

3. Lot Location.

a. The lot is not located on a site that is any of the following:

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

2) A wetland.

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

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

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

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

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

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

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

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

Item 3D - Page 47

9) Habitat for protected species.

10) Land under conservation easement.

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

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

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

5. No Impact on Protected Housing. The two- unit project must not require or include the demolition or alteration of any of the following types of housing:

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

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

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

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

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

6. Unit Standards.

a. Quantity.

1) No more than two dwelling units of any kind may be built on a Item 3D - Page 48
lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an ADU, or a JADU.

2) A lot that is not created by an urban lot split may have a two-- unit project under this section, plus any ADU or JADU that must be allowed under state law and the city’s ADU
ordinance.

b. Unit Size.

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

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

(ii) more than 500 400 square feet.

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

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

(ii) more than 400 square feet.

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

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

3) A primary dwelling that was legally established prior to the two-unit project and that is smaller than 1,000 square feet may be expanded to 1,000 square feet after or as part of the two- unit project.

c. Height Restrictions.

Item 3D - Page 49
1) On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.

2) On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. A second story is only permissible where conformance to lot coverage or setback requirements does not result in allow for two primary units on the lot of up to 1,000 square feet each. Any portion of a new primary dwelling that exceeds one story must be
stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the step back.

3) No rooftop deck or second- floor balcony is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project.

d. Demo Cap. The two- unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.

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

f. Setbacks.

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

2) Exceptions. Notwithstanding subpart (E)(6)(f) above:

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

(ii) 1,000 sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree
necessary to avoid physically precluding the
construction of up to two units on the lot or either of the Item 3D - Page 50
two units from being at least 1,000 square feet in floor area; but in no event may any structure be less than
four feet from a side or rear property line.

3) Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed under this section must be at least 25 feet from the front property lines. The front setback area must:

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

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

8.60;

(iii) allow for vehicular and fire- safety access to the front structure all structures on the lot.

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

5) Swimming pools. Swimming pools may be permissible in any yard area in accordance with the requirements of Section

93.01.00. Where a swimming pool is installed in a front yard setback area, the landscape requirement identified in subpart (E)(6)(f)(3)(ii) above may be reduced to a minimum of 15 percent.

g. Parking.

1) Parking Spaces Required. Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:

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

(i)(I) a corridor with fixed route bus service with
service intervals no longer than 15 minutes
Item 3D - Page 51
during peak commute hours or

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

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

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

h. Driveways.

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

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

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

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

h.i. Architecture.

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

2) If there is no legal primary dwelling on the lot before the two- unit project, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the Item 3D - Page 52
slope shared by the largest portion of the roof.

3) All exterior lighting must be limited to down-lights.

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

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

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

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

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

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

3) All landscaping must be drought tolerant.

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

j.k. Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.

Item 3D - Page 53
k.l. Utilities. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

l.m. Building & Safety. All structures built on the lot must comply with all current local building standar ds. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city’s current code.

7. Fire-Hazard Mitigation Measures. A lot in a very high fire hazard severity zone must comply with each of the followi ng fire- hazard mitigation measures:

a. It must have direct access to a public right-of-way with a paved street with a width of at least 40 feet. The public right-of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.

b. All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.

c. All enclosed structures on the site must have fire sprinklers.

d. All sides of a ll dwellings on the site must be within a 150- foot hose pull distance from either the public right -of-way or of an onsite fire hydrant or standpipe.

e. If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire- authority approved hookups compatible with fire-authority standard pump and hose equipment.

8. Separate Conveyance.

a. Primary dwelling units on the lot may not be owned or conveyed separately from each other.

b. Condominium airspace divisions and common interest
developments are not permitted within the lot.

c. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

9. Regulation of Uses.

a. Residential-only. No non-residential use is permitted on the lot.

Item 3D - Page 54

b. No Short-Term Rentals. No dwelling unit on the lot may be rented for a period of less than 30 days.

c. Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two- unit project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile.

10. Notice of Construction.

a. At least 30 business days before starting any construction of a two- unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

1) Notice that construction has been authorized,

2) The anticipated start and end dates for construction,

3) The hours of construction,

4) Contact information for the project manager (for construction- related complaints), and

5) Contact information for the Building & Safety Department.

b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

11. Deed Restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:

a. Expressly prohibits any rental of any dwelling on the proper ty for a period of less than 30 days.

b. Expressly prohibits any non-residential use of the lot.

c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

Item 3D - Page 55

d. If the lot is not created by an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile.

e. States that the property is formed by an urban lot split and is therefore subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and development.

F. Specific Adverse Impacts.

1. Notwithstanding anything else in this section, the city may deny an application for a two- unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. “Specific adverse impact” has the same meaning as in Gov.

Code 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under
Revenue and Taxation Code section
214(9).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

G. Remedies. If a two- unit project violates any part of this code or any other legal requirement:

1. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

2. The city may:

a. Bring an action to enjoin any attempt to sell, lease, or finance

the property.

b. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

Item 3D - Page 56
c. Pursue criminal prosecution, punishable by imprisonment in co unty jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.

d. Record a notice of violation.

e. Withhold any or all future permits and approvals.

f. Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city’s code. (Ord. 2058 § 3, 2022; Ord. 2057 § 4, 2022)

SECTION 4. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and ach section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

SECTION 5. Under California Government Code sections 65852.21, subdivision (j), and 66411.7, subdivision (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9.

SECTION 6. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS _____ DAY OF ______________, _________.

LISA MIDDLETON
MAYOR

ATTEST:

Item 3D - Page 57

BRENDA PREE, MMC

CITY CLERK

Item 3D - Page 58

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on _________ and adopted at a regular meeting of the City Council held on __________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

BRENDA PREE, MMC

CITY CLERK
Item 3D - Page 59

ATTACHMENT C

Item 3D - Page 60
Marc Teren
532 S Indian Trail | Palm Springs, CA 92264

July 19, 2022

Members of the Planning Commission
City of Palm Springs California

Dear Chair Weremiuk, Vice-Chair Roberts and Members of the Planning Commission:

I am a property owner in the Warm Sands neighborhood and am looking forward to making Palm Springs my permanent home. Thanks to yours and the City Council’s support in developing an SB9 ordinance that works for all, this is now possible.

SB9 is certainly forward thinking. With the requirement that a homeowner undertake the SB9 development, making one of the residences their home – there is a great deal, much with significant complexity (e.g. lot split, new utilities), for a homeowner to do to make this happen.

The Subcommittee’s ordinance recommendation, that zoning code guide development, will make SB9 requirements simpler for residents to understand. I believe this fact will yield homes that, while likely smaller than their neighbors, are consistent with the character of the neighborhoods.

I only have one recommendation at this time:

The code draft specifies that two residence of no less than 1,000 SF each may be developed on an SB 9 lot. I believe the 2,000 SF allowance should not be required to be equally split, particularly given that homes may not be separately conveyed. I believe the minimum 500 SF currently specified should apply.

This unequal split, will be particularly helpful on smaller lots, and provide the opportunity to build a home large enough for the three bedrooms needed for a family - difficult, if not impossible, to achieve in 1,000 SF. This will allow for a plan that is more consistent with the massing of neighboring homes, including those that may have an ADU of smaller scale.

I appreciate the seriousness and considered attention to developing an ordinance that will certainly lead to the building of additional housing units - and structured in a way that I believe will lead to the development of many homes with the potential to house a small family.

Something the city council identified as an important element of the city’s final ordinance.

Lastly, I want to thank the SB9 subcommittee and Flinn Fagg for allowing me the opportunity to participate in the ordinance process to date. The subcommittee has been supportive, and Mr.

Fagg has made time available to chat and answer my questions.

Thank you for your courtesy and for your work in support of this ordinance. Please feel free to reach out if I can clarify any of my comments.

Best Regards,

Item 3D - Page 61
Tiffani Bailey
From:

Sent:

To:

Anthony Mejia
Thursday, January 13, 2022 2:50 PM
Tiffani Bailey
Subject: Fwd: Public Comment - Item
CityOrd.pdf Attachments:

AC
Anthony Mejia
City Clerk
Begin forwarded message:

From: Steven Randel <[email protected]>
Date: January 13, 2022 at 2:41:01 PM PST
To: City Clerk <[email protected]>
Subject: Public Comment - Item
·NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open · attachments unless you are sure the content is safe.

Please contribute the attached letter regarding zoning ordinance changes for SB 9 that the City Council will address this evening.

Thank you,
Steven Randel
1 Item 3D - Page 62
Palm Springs Planning Department
Steven C. Randel
Randel Architecture, Inc.
777 E Tahquitz Canyon Way, Suite 200.209
Palm Springs, CA 92262
13 January 2022
Regarding Ordinance Compliance for Senate Bill 9 for Lot Splits As a design professional, I wish to contribute to how the Planning Department will address some of the parameters of SB9 into the Palm Springs Ordinances.

1. Lot Square Footage - For urban lot splits, the proposed threshold is 2400 square feet. Very few lots in the area are less than 8000 square feet. With required setbacks, any lot less than 5000 square feet would be difficult to meet setbacks depending on the zone. I suggest raising the lot to be split to at least 5000 square feet. Make the minimum size 2500 square feet, but don't place a 60/40 split because that further complicates the equation. Just let the minimum of 2500 square feet be the determining factor. That way, you could have a IOOOO square foot lot have a small parcel of not less than 2500 feet, which could hold a small home.

2. There will have to be more leeway in setbacks so that buildings can comply but allow at least five feet. Any building closer than five feet needs specific eave construction for fire codes. Six feet is even better for a side setback.

3. Keep a one-story maximum in all cases, as most current single-family lots restrict to a single level. This maintains neighboring privacy. Lower the height maximum to 12 feet. A 16-foot height limit is too much for a single-level dwelling. An 8 to 9-foot ceiling is adequate in a small dwelling, a lower height also keeps the pitch of roofs lower, so they don't block views.

4. The maximum square footage of 800 is too restrictive. That amount is only suitable for a comfortable one-bedroom apartment. No one will build a one-bedroom dwelling. The expense for the return is too low. Allow at least 1000 square feet and up to 1200 square feet for another house. That amount allows two bedrooms at least and contributes to the housing supply more practically.

5. The minimum of 500 square feet is also too little to add to the housing supply. Make it 750 square feet minimum so that the dwelling is enough to have lasting value .

6. Don't put restrictions on the square footage of existing dwellings where you would otherwise be able to add to that house. A restriction like that further limits dwelling space, which is needed to add to the housings supply.

7. Do not require street frontage for secondary lots. Allow easements to serve that purpose instead, which technically allows larger parcels.

Since the goal is to build more housing within established infrastructure in California, that housing should be just as desirable as all other dwellings. The proposed square footage could inhibit production since an investment must make a return. Please consider spatial practicality in your decision to update the Palm Springs ordinances.

Thank you,
~~~~~
Steven C. Randel
Item 3D - Page 63

CITY COUNCIL STAFF REPORT
01/26/2023
SUBJECT:

PROPOSED UPDATE OF PALM SPRINGS MUNICIPAL CODE CHAPTER 5.77

PERTAINING TO ADULT-ORIENTED BUSINESSES AND AN UPDATE TO CHAPTER 11.10 PERTAINING TO PUBLIC NUDITY
RECOMMENDATION:

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

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

CITY COUNCIL OF THE CITY OF PALMS SPRINGS, CALIFORNIA,
AMENDING CHAPTER 5.77 OF THE PALM SPRINGS MUNICIPAL CODE

RELATING TO ADULT-ORIENTED BUSINESS REGULATIONS AND
AMENDING CHAPTER 11.10 RELATING TO PUBLIC NUDITY.”

2. Attachments
Item 3E

CITY COUNCIL STAFF REPORT

DATE: JANUARY 26, 2023 BUSINESS & LEGISLATIVE

SUBJECT: PROPOSED UPDATE OF PALM SPRINGS MUNICIPAL CODE CHAPTER

5.77 PERTAINING TO ADULT -ORIENTED BUSINESSES AND AN
UPDATE TO CHAPTER 11.10 PERTAINING TO PUBLIC NUDITY

FROM: Teresa Gallavan, Interim City Manager

BY: Flinn Fagg, Deputy City Manager

SUMMARY:

This is a request to update Palm Springs Municipal Code (PSMC) Chapter 5.77 pertaining to the regulations for adult-oriented businesses, which has not been updated since 1995.

In addition, the City Council will consider updates to PSMC Chapter 11.10 relating to public nudity. The City Council discussed proposed changes to both sections of the code at the City Council meeting of November 28, 2022 and provided direction to staff on proposed revisions to these sections of the Municipal Code.

RECOMMENDATION:

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

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

COUNCIL OF THE CITY OF PALMS SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.77 OF THE PALM SPRI NGS MUNICIPAL CODE RELATING TO

ADULT-ORIENTED BUSINESS REGULATIONS AND AMENDING CHAPTER

11.10 RELATING TO PUBLIC NUDITY.”

BACKGROUND:

Staff was directed to prepare updates to the Adult-Oriented Business Ordinance and the Public Nudity ordinance at the City Council meeting of October 27, 2022. A draft ordinance was presented to the City Council for discussion at the meeting of November 28, 2022; Councilmembers offered the following direction to staff relative to the draft ordinance:
• Consolidate the requirement for both an adult-oriented business permit and business license so that only a single business license is required.

Item 3E - Page 1
• Revise the definition of “specified anatomical parts” to use understandable terminology.
• Simplify the definition of “specified sexual activities” and use medically accurate terms; provide options for consideration for revisions to the definitions for “specified anatomical parts” and “specified sexual activities.”
• Modify the separation distance requirement so that adult-oriented businesses are not adjacent to residential areas.
• Allow adult-oriented businesses to expand to the C-2 (General Commercial) zone district, but do not allow to expand into the H-C (Highway Commercial) zone. • Rather than repealing the Public Nudity Ordinance, revise the ordinance language based on gender equality, and provide ordinance research from other Coachella Valley cities. In addition, provide clarifying language that nudity on private property is not subject to the Public Nudity Ordinance.

STAFF ANALYSIS – ADULT-ORIENTED BUSINESSES:

Palm Springs Municipal Code (PSMC) Chapter 5.77 provides regulations pertaining to the operation and permissible locations for adult -oriented businesses. An adult-oriented business is generally defined as any business that offers products, merchandise, services, or entertainment, all of which are characterized by an emphasis on s pecified sexual activities or specified anatomical parts. The City’s adult -oriented business regulations were last amended in 1995, and there have been significant changes in the industry since that time in terms of how adult products and materials are purchased and consumed. Consequently, it is recommended that the ordinance be updated to reflect these changes.

The current code requires that adult -oriented businesses must obtain an adult -oriented business permit and a business license. The ordinance onl y allows adult -oriented businesses in the C -M (Commercial Manufacturing), M -1 (Service/Manufacturing), M-1- P (Planned Research and Development Park), and M -2 (Manufacturing) zone districts; adult uses are permitted by right in these zone districts, provided all other locational and operational requirements are met. Adult businesses must be at least 650 feet from any residential zone, and 500 feet from any public park, school, or religious facility. Adult businesses may not be located on a major or secondary thoroughfare (generally described as four -lane and six-lane arterial roadways), and cannot be located adjacent to, or across the street from, any other adult business. No waiver process is identified for the separation distance requirements.

The following uses are specifically excluded from the definition of an adult -oriented business in PSMC Chapter 5.77 and are not subject to the additional permitting requirements or locational restrictions:

Item 3E - Page 2
• Clothing optional hotel/motel;
• Businesses selling se xually oriented merchandise wherein sexually oriented materials comprise less than 10% of the selling space or 250 square feet, whichever is less;
• Live art classes.

The following sections of this report provide a discussion of the proposed revisions to the Adult-Oriented Business ordinance.

Adult-Oriented Business Uses:

In an effort to update and streamline the list of adult - oriented uses, it is proposed that the existing list of uses be condensed into four broader categories as detailed in the following table.

Proposed Use Categories Existing Uses
Adult Entertainment Establishment
• Adult Cabaret
• Adult Model Studio
• Adult Theater
Adult Hotel/Motel* (No change)
Adult Retail Establishment • Adult Bookstore
• Adult Motion Picture Arcade
Adult Sex Venue • Sex Club
*Please note that Clothing Optional Hotels/Motels are separate and distinct from the Adult Hotel/Motel use and are not subject to the regulations contained in PSMC Chapter 5.77.

The purpose for revising the list of uses is to eliminate uses that are gradually phasing out due to industry changes ( e.g., Adult Model Studio and Adult Motion Picture Arcade) in favor of more generalized categories that are less likely to become obsolete in the future.

Definitions for Adult-Oriented Business Uses:

Based on City Council input at the meeting
of November 28, 2022, staff has revised the definitions for “specified anatomical parts” and “specified sexual activities.” It was requested that both definitions be simplified, and that medically accurate terms be used. Staff reviewed similar definitions adopted by other cities and has drafted proposed revisions that are intended to address the direction provided by Council. Councilmembers also requested that staff provide options for consideration; a list of the definitions used by other cities is provided as Attachment 2c and Attachment 2d to this report and provides alternate definitions for consideration.

Zone Districts where permitted:

Adult businesses in the City of Palm Springs are currently only allowed in industrial zone districts (C-M, M-1, M-1-P, and M-2 zones). In comparison, other regulated businesses such as cannabis dispensaries/lounges and alcohol uses are allowed in most commercial districts as well as industrial districts. A table comparing the zone districts where adult uses are allowed with other regulated businesses is included in Attachment 2b.

Item 3E - Page 3
At the meeting of November 28, 2022, Council discussed the possibility of allowing adult uses in additional zone districts and narrowed the available options to the C -2 (General Commercial) zone. Staff has revised the draft ordinance accordingly; a map showing the locations of C -2 zoned properties is included as Attachment 2a . Please note that the existing prohibition of adult -oriented businesses being located on major or secondary thoroughfares as identified in the General Plan and separation required from residential zones will be applicable to C-2 zoned properties; these two restrictions will ultimately limit the number of additional properties that will become available for adult uses.

Separation Distance Requirements:

The City of Palm Springs currently requires the
following separation distances for adult businesses:

• 650 feet from any residential zone;
• 500 feet from parks, schools, mortuaries, religious uses; • Not allowed adjacent to or across the street from any other adult business.

No waiver process is identified to allow any adjustment of these separation distance requirements. As previously noted, adult -oriented businesses may not be located on a major or secondary thoroughfare, which also acts to restrict the location of adult uses.

In comparison with other regulated uses, cannabis dispensaries and lounges must have a 500-foot separation from any other dispensary/lounge and must be a minimum of 600 feet from any park, playground, school, daycare center, or youth center. Alcohol uses generally do not have a separation distance requirement with the exception of industrial zone districts; however, the State of Cali fornia limits the number of alcohol licenses by type that can be issued within each Census tract. A table comparing the separation distance requirements for adult businesses and other regulated uses is included in Attachment 2b.

Due to the unique characteristics of the City’s industrial districts relative to residential areas, it is proposed that the 650- foot separation between adult businesses and residential zone boundaries be modified to a prohibition against any adult business being located adjacent to a residential zone boundary. This will generally protect residential neighborhoods from any incursion or potential impact of adult businesses, while offering a standard that is generally similar to other regulated uses such as bars and cannabis dispensaries. In addition, it is proposed that the separation distance from protected uses be increased from 500 feet to 600 feet in order to apply a consistent standard that is currently applicable to cannabis uses.

Modifications to M inimum Requirements:

Section 5.77.025 (“Findings/requirements”)
lists all minimum standards that are applicable for the establishment of adult businesses.

In addition to the zone districts where permissible and separation requirements, other operational standards are specified that must be met in order to obtain an adult -oriented business permit. Staff is proposing the following modifications to certain operational requirements as follows:

Item 3E - Page 4
• The exemption threshold for retail businesses that sell a limited quantity of adult products and materials has been increased to 20% of the floor area or 300 square feet, whichever is less. Stores that carry less than the threshold level are not required to obtain an adult -oriented business permit and are not subject to the locational or separation distance requirements. This change is being offered based on local practice and a comparison with other jurisdictions. • Parking requirements have been deleted and a reference is provided to the standard parking requirements contained in the Palm Springs Zoning Code (PSMC).
• Special events that require the provision of additional parking may be permissible upon approval of a Land Use Permit.
• A security plan will be required for Adult Entertainment Establishments and Adult Sex Venues; it is intended that the security plan be developed in partnership with the Palm Springs Police Department, and that the plan address the safety of patrons at such facilities. This requirement is intended to replace the current requirement that all adult businesses provide camera equipment to record and monitor all parking lot areas, and that they maintain sightlines in all public indoor areas. Due to the vast differences between the types and configurations of adult businesses, it is recommended that a security plan be tailored to the specific use and floor plan.
• The limitation restricting visibility of adult merchandise or images has been reworded to clarify that any such merchandise shall not be visible from adjacent public rights-of-way.
• Operating hour limitations have been modified so that closure is required between 2:00 a.m. and 6:00 a.m. (the current limitation is from 1:00 a.m. to 9:00 a.m.). This limitation does not apply to Adult Hotel/Motel use or the Adult Sex Venue use. • The specific requirements relative to the configuration of restroom facilities has been removed; adult businesses will be subject to the same restroom requirements as is applicable to all commercial businesses. • The specific outdoor lighting requirements for adult businesses has been removed. The City adopted standard outdoor lighting requirements for commercial and industrial uses in 2014; adult businesses will be subject to these lighting requirements, just as would apply to all other commercial and industrial businesses.
• Requirements relative to the specific interior configuration of adult businesses have been removed, based on a review of standards adopted by other jurisdictions. Interior configurations for Adult Sex Venues and Adult Entertainment Establishments will be evaluated as part of the security plan review process. • A reference to the City’s noise ordinance has been updated to reflect current code requirements.
• Health standards have been added for Adult Sex Venues, based on measures adopted by Los Angeles and San Francisco.

Item 3E - Page 5
Approval process: Adult -oriented businesses in the City of Palm Springs are currently permitted by right in the zone districts where permissible, and do not require a public hearing process. Applicants must obtain an Adult -Oriented Business Permit and a business license, both of which are issued by Finance Department staff. Based on Council direction at the meeting of November 28, 2022, staff has revised the permitting process to consolidate the Adult -Oriented Business Permit and business license into a single license application. Applicants for an adult-oriented business license will submit an application for a business license to the Finance & Treasury Department; the application will be reviewed for conformance to the requirements of PSMC Chapter 5.55 by Planning and Finance staff, with additional review by Police Department staff for Adult Entertainment Establishments and Adult Sex Venues. This revised procedure will simplify the licensing process while maintaining the additional scrutiny necessary for adult uses.

Other Considerations:

An issue for future consideration is relative to the issuance of day passes or special events at Adult Hotel/Motel facilities, Clothing Optional Hotel/Motel facilities, and all other hotel uses. As this issue is beyond the scope of the adult-oriented business ordinance, it is recommended that staff come forward at a future date with a proposal to address special events/day passes at hotel facilities.

STAFF ANALYSIS – PUBLIC NUDITY ORDINANCE:

Based on the direction provided by City Council at the meeting of November 28, 2022, staff has provided a suggested rewrite of the ordinance, rather than repealing the ordinance in its entirety. The proposed revisions include the following:

• The definition of “public nudity” has been simplified using plain language a nd is modeled on the definition that has been adopted by San Francisco. Furthermore, the definition does not discriminate between genders , as requested by councilmembers.
• The definition of public place has been revised and utilizes language similar to that adopted by the City of Indian Wells to clarify that nudity on private property is not subject to the Public Nudity Ordinance.
• Similar to other cities, the ordinance is not applicable to children under the age of six and live theatrical performances. As an option, City Council could consider an exemption for City-approved parades and special events, which is a provision that has been adopted by San Francisco.

To provide options for the City Council to consider, staff has summarized public nudity ordinances from other cities to use as a point of comparison; the summary is included as Attachment 3 to this report.

ENVIRONMENTAL ASSESSMENT
:

The proposed Ordinance is not subject to the California Environmental Quality Act (“CEQA”) (Public Resources Code Section 21000 et seq.) pursuant to Section Item 3E - Page 6
15060(c)(2) of the State Guidelines, because the text amendment will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project” as that term is defined in Section 15378 of the State CEQA Guidelines.

REVIEWED BY:

Deputy City Manager: Flinn Fagg
City Attorney: Jeffrey S. Ballinger
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

1. Draft Ordinance

2. Study Materials – Adult Business Ordinance
2a: C-2 Zone District Locations
2b: Comparison with Other Regulated Businesses and Separation Distance Requirements
2c: Comparison with Other Municipalities – D efinition of Specified Anatomical Parts
2d: Comparison with Other Municipalities – Definition of Specified Sexual Activities

3. Study Materials – Public Nudity Ordinance

4. Public Comment Letters
Item 3E - Page 7

ATTACHMENT #1

Item 3E - Page 8
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

PALMS SPRINGS, CALIFORNIA, AMENDING CHAPTER

5.77 OF THE PALM SPRINGS MUNICIPAL CODE

RELATING TO ADULT -ORIENTED BUSINESS
REGULATIONS AND AMENDING CHAPTER 11.10
RELATING TO PUBLIC NUDITY.

City Attorney’s Summary
The proposed ordinance will update the City’s regulations pertaining to adult -oriented business uses, including
definitions of adult use categories, minor revisions to operational procedures, separation requirements, and safety requirements. In addition, the ordinance will revise the regulations pertaining to public nudity as contained in Palm Springs Municipal Code Chapter 11.10.

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; 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. I n accordance with the City’s above- referenced charter city authority, the City Council wishes to amend its Municipal Code provisions regarding adult -oriented businesses and public nudity; and

D. The City Council has carefully reviewed and considered all of the evidence presented in connection with the public meeting on the ordinance, including, but 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 are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by the and through this Ordinance.

SECTION 2. Rescind and replace Chapter 5.77 of the Palm Springs Municipal Item 3E - Page 9
Code as follows:

Chapter 5.77 ADULT-ORIENTED BUSINESSES

5.77.055 Intent.

(a) The intent of this chapter is to regulate adult-oriented businesses which, because of their very nature, are believed to have any of the recognized significant secondary effects on the community which include, but are not limited to:
depreciated property values and increased vacancies in residential and commercial areas in the vicinity of the adult -oriented businesses; higher crime rates, noise, debris or vandalism in the vicinity of adult -oriented businesses; and blighting conditions such as low level maintenance of commercial premises and parking lots which thereby have a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to insure ensure that these adverse effects will not contribute to the blighting or downgrading of the neighborhoods in the vicinity of the adult -oriented businesses. It is neither the intent, nor effect of this section to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent, nor effect of this section to restrict or deny access by adults to sexually oriented materials or merchandise protected by the First Amendment, or to deny access by the distributors or exhibitors of adult - oriented businesses to their intended market.

(b) Nothing in this section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinance or any statute of the state of California regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.

5.77.010 Definitions.

“Adjacent” means directly abutting, having a boundary or property line(s) in common or bordering directly, contiguous to, or directly across a public right-of-way. “Adult bookstore” means any establishment, which as a regular and substantial course of conduct, displays and/or distributes sexually oriented material and/or merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on a matter depicting, describing or relating to specified sexual activities or specified anatomical parts. (See “Adult oriented business” for definition of regular and substantial portion of its business.) “Adult cabaret” means a nightclub, bar, lounge, restaurant or similar establishment or concern which features as a regular and substantial course of conduct, any type of live entertainment, films, motion pictures, videos, slides, other photographic reproductions, or Item 3E - Page 10
other oral, written or visual representations which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or spec ified anatomical parts.

“Adult entertainment establishment” means a bar, lounge, nightclub, movie theater, live theater, or similar establishment which features as a regular and substantial course of conduct, any type of live entertainment, films, or other oral or visual representations which are distinguished or characterized by an emphasis on or relating to specified sexual activities or specified anatomical parts (see “Adult-Oriented Business” for a definition of regular and substantial portion of its business).

“Adult hotel/motel” means a motel , or hotel or similar commercial establishment which:
(1) Offers public accommodations, for any form of consideration, which provides patrons with closed- circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical parts and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off -premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television;
(2) Offers a sleeping room for rent for a period of time less than ten hours; or (3) Allows a tenant or occupant to subrent the sleeping room for a time period of less than ten hours.

“Adult model studio” means any premises where there is furnished, provided or procured a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts where such model(s) is being observed or viewed by any person for the purpose of being sketched, painted, drawn, sculptured, photographed, filmed or videotaped for a fee, or any other thing of value, as a consideration, compensation or gratuity for the right or opportunity to so observe the model or remain on the premises. “Adult model studio” shall not include any live art class or any studio or classroom which is operated by any public agency, or any private educational institution authorized to issue and confer a diploma or degree under Section 94300 et seq. of the Education Code.

“Adult motion picture arcade” means any business establishment or concern containing coin- or slug- operated or manually or electronically controlled still, motion picture or video machines, projectors, or other image producing devices that are maintained to display images to an individual in individual viewing areas when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

Item 3E - Page 11
“Adult-oriented business” means any business establishment or concern which as a regular and substantial course of conduct performs as an adult entertainment establishment, adult retail establishment, adult sex venue, adult bookstore, adult theater, adult motion picture arcade, adult cabaret, stripper, adult model studio or adult hotel/motel (but not clothing optional hotel/motel); any business establishment or concern which as a regular and substantial course of conduct sells or distributes sexually -oriented merchandise or sexually -oriented material; or any other busines s establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts.
“Adult oriented business” does not include those uses or activities, the regulation of which is preempted by state law. “Adult-oriented business” shall also include any business establishment or concern which, as a regular and substantial course of conduct provides or allows performers, models, actors, actresses or employees to appear in any place in attire which does not opaquely cover specified anatomical parts. For the purposes of this section, a business establishment or concern has established the provision of products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts as a regular and substantial course of conduct when one or more of the following conditions exist:
(1) The area devoted to sexually -oriented merchandise and/or sexually - oriented material exceeds more than ten twenty percent, or two three hundred fifty square feet, whichever is less, of the total display or floor space area open to the public;
(2) The business establishment or concern presents any type of live entertainment which is characterized by an emphasis on specified sexual activity or specified anatomical parts at least six times in any month in any given year;
(3) The business establishment or concern obtains a significant or substantial portion of its revenues from the sale, rental or lease of entertainment, material or merchandise characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts or advertises the availability of the same; or
(4) The regular and substantial course of conduct of the business consists of or involves the sale, trade, display or presentation of services, products or entertainment which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

“Adult retail establishment” means any establishment, such as an adult bookstore, adult video store, adult arcade, or any similar retail use which as a regular and substantial course of conduct, displays and/or distributes sexually -oriented material and/or merchandise, including printed materials, videos, sexual devices, and similar items, which are distinguished or characterized by an emphasis on or relating to specified sexual activities or specified anatomical parts (see “Adult -Oriented Business” for a definition of Item 3E - Page 12
regular and substantial portion of its business).

“Adult theater” means a business establishment or concern which, as a regular and substantial course of conduct, presents live entertainment, motion pictures, videos, slide photographs, or other pictures or visual reproductions which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

“Clothing optional hotel/motel” means a non- adult hotel/motel which, in the ordinary course of business permits persons to be nude in and on those public areas of the hotel or motel property which are not visible from any public right -of-way. A clothing optional hotel shall not include any hotel or motel which provides compensation of any form or permits any person to accept compensation of any form for exposing specified anatomical parts or engaging in specified sexual activities unless the exposure of such specified anatomical parts is ancillary or incidental to the activity for which the compensation is received.

“Director” means the Finance & Treasury Director of the City of Palm Springs or the City Manager’s designee.

“Live art class” means any premises on which all of the following occur: there is conducted a program of instruction involving the drawing, photographing or sculpting of live models exposing specified anatomical parts; instruction is offered in a series of at least two classes; the instruction is offered indoors; an instructor is present in the classroom while any participants are present; and preregistration is required at least twenty-four hours in advance of participation in the class.

“Sex club Adult sex venue
” means any establishment not primarily dedicated to
providing overnight lodging accommodations, including a private club, which as a regular and substantial course of conduct permits persons to engage in specified sexual activities in any public or semipublic portion of the establishment or which provides any pri vate room to persons more than once in a twenty-hour period in which persons are permitted to engage in specified sexual activities. For the purpose of this section, a “public or semipublic portion of an establishment” shall mean any portion of the establi shment in which invitees of the establishment are permitted access and which is not let, leased or rented more than once in a twenty -hour period to persons who are entitled to exclusive use of the room. The above notwithstanding, an “
Sex club adult sex venue” is also any
place which that represents itself to any person or group of persons as a place for persons to engage in specified sexual activities.

“Sexually-oriented material” means any element of sexually-oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture, film, video, or other written, oral or visual representation which, for purposes of sexual arousal, provides depictions which that
are characterized by an emphasis on matter depicting,
describing, or relating to specified sexual activities or specified anatomical parts.

Item 3E - Page 13

“Sexually-oriented merchandise” means sexually oriented implements and paraphernalia, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which that

are designed or marketed primarily for the stimulation of human genital organs or sado- masochistic activity.

“Specified anatomical parts” means:
(1) Less than completely and opaquely covered human genitals; anal region; pubic region; buttocks; or the areola of the female breast below a point immediately above the top of the areola; or
(2) Human male genitals in a discernibly turgid visibly aroused state, even if completely and opaquely covered.

“Specified sexual activities” means:
(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral/anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship, any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia;
(2) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;
(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;
(4) Fondling or touching of nude human genitals, pubic regi on, buttocks or female breast;
(5) Masochism, erotic or sexually oriented torture, beating or the infliction of pain;
(6) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being;
(7) Human excretion, urination, menstruation, vaginal or anal irrigation; (8) Striptease or the removal of clothing to the point where specified anatomical parts are not opaquely covered.

(1) Human genitals in a state of sexual stimulation or arousal; (2) Acts of human masturbation, sexual intercourse or any sexual act involving the sex organs of one person and the mouth or anus of another; (3) Fondling or other erotic touching of human genitals, pubic region, or female breast;
(4) Striptease or the removal of clothing to the point where specified anatomical parts are not opaquely covered.

Item 3E - Page 14

5.77.015 Permit License Required.

No adult-oriented business shall be permitted to operate, engage in, conduct or carry on business within the city unless the owner of the business first obtains both an adult oriented business permit and a business license from the city of Palm Springs.

5.77.020 Application Requirements.

(a) The property owner, or authorized agent of the property owner, is eligible to request an adult oriented a business permit license for an adult-oriented business.

A single
adult-oriented business permit shall suffice for the operation of any adult -oriented business within the city.

(b) The following information is required at the time an adult-oriented a business permit license for an adult-oriented business is submitted to the community development department Finance & Treasury Department:
(1) A completed adult oriented business permit license application signed by the property owner or authorized representative;
(2) A nonrefundable deposit or fee as set forth by ordinance or resolution of the city council;
(3) A letter of justification describing the proposed project and explaining how it will comply with the findings/requirements contained in Section 5.77.030; (4) All Any other information as required by the city of Palm Springs adult- oriented business permit information sheet.

5.77.025 Findings/Requirements.

(a) The city development services director shall issue an adult -oriented a business
permit license within thirty days of following receipt of a complete application if it finds that:
(1) The adult-oriented business shall be located in the city’s C-2, C-M, M-1, M- 1-P and M-2 zoning districts.*
(2) The adult-oriented business shall not be located within six hundred fifty feet of adjacent to any residential zone.*
(3) The adult-oriented business shall not be located within five six hundred feet of any lot upon which there is properly located a public par k, public playground, school, day care/childcare center, or youth center or mortuary or within five six hundred feet of any lot used by a religious institution for religious activities at least three times per week.*
(4) The adult-oriented business shall not be located on any property fronting upon a major or secondary thoroughfare as defined in the general plan of the city of Palm Springs. For the purpose of this chapter, a property fronts on such a road if the property and any portion of the right -of-way for the road have a contiguous boundary.

Item 3E - Page 15
(5) The adult -oriented business shall not be located on property adjacent to another adult-oriented business. For the purpose of this section, “adjacent property” means property with a common boundary, excluding intervening easements and rights -of-way, whether such rights -of-way are held by the city in fee or otherwise. By way of example, an adult oriented business shall not be permitted to operate at a location across the street from another adult oriented business if, but for the existence of the street, the property lines of the businesses would be contiguous.
(6) The parking requirements for adult-oriented businesses shall be as follows The adult-oriented business complies with parking requirements as listed in Palm Springs Zoning Code Chapter 93.00.

Bookstores and retail
establishments
1 parking space/300 square feet of gross
floor area
Theaters 1 parking space/3 seats, if seats are
fixed, or 1 parking space/24 square feet
of gross floor area
Cabarets 1 parking space/3 seats if seats are
fixed, or 1 parking space/35 square feet
of gross floor area
Motion picture arcade 1 parking space/individual viewing area plus 1 parking space/employee
Motel/hotel 1 parking space/guest room for first 50
rooms; .75 parking space/guest room
thereafter

(7) The adult -oriented business shall not be located completely or partially within any mobile structure or pushcart.
(8) The adult-oriented business shall not stage any special events, promotions, festivals, concerts or similar events which would increase the demand for parking beyond the approved number of spaces for the particular use , unless otherwise permitted under a Land Use Permit.
(9) The adult-oriented business shall not conduct any massage, tattooing or acupressure on the premises or operate escort services from the premises. (10) The adult -oriented business shall provide a security system that visually records and monitors all parking lot areas. All indoor areas of the adult oriented business which are accessible to the public shall be open to public view at all times with the exception of restroom facilities. “Accessible to the public” shall include but not be limited to those areas which are only accessible to members of the public who pay a fee and/or join a private club or organization. For Adult Entertainment Establishments or Adult Sex Venues, the applican t has submitted a security plan, developed in consultation with, and approved by, the Police Department, to address patron safety at such facilities.
(11) The adult-oriented business complies with the city’s sign regulations.

Item 3E - Page 16
(12) The adult -oriented business complies with the development and design requirements of the zone in which it is to be located.
(13) The adult-oriented business shall not display any sexually-oriented material or sexually-oriented merchandise which would be visible from any location other than from within the adult-oriented business public rights-of-way. (14) The adult-oriented business shall not allow admittance to any person under the age of eighteen if no liquor is served, or under the age of twenty -one if liquor is served.
(15) With the exclusion exception of adult-oriented hotels and adult sex venues, the adult-oriented business shall not operate between the hours of one two a.m. and nine six a.m.
(16) Neither the applicant, if an individual, nor any of the officers or general partners, if a corporation or partnership, of the adult-oriented business has been found guilty within the past two years of a misdemeanor or felony classified by the state as a sex-related offense and has not violated any of the provisions of an adult-oriented business permit license or similar permit or license in any city, county, territory or state.
(17) The adult -oriented business shall provide separate restroom facilities for male and female patrons. The restrooms shall be free from sexually oriented materials and sexually oriented merchandise. Only one person shall be allowed in the restroom at any time, unless otherwise required by law, in which case the adult oriented business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the restroom during operating hours. The attendant shall prevent any person(s) from engaging in any specified sexual activities within the restroom and shall ensure that no person of the opposite sex is permitted in the restroom.
(18) The interior of the adult oriented business shall be configured such that there is an unobstructed view of every public area of the premises, including but not limited to the interior of all individual viewing areas, from a permanent security station physically demarked in the establishment which is no larger than thirty-two square feet of floor area with no single dimension being greater than eight feet in a public portion of the establishment. No public area, including but not limited to the interior of any individual viewing area, shall be obscured by any door, curtain, wall, two- way mirror or other device which would prohibit a person from seeing into the interior of the individual viewing area from the manager’s station. A security officer shall be stationed in the security station at all times the business is in operation or open to the public in order to enforce all rules and regulations. No individual viewing area shall be designed or operated to permit occupancy of more than one person at a time. “Individual viewing area” means any area designed for occupancy of one person for the purpose of viewing live performances, pictures, movies, videos or other presentations. (19)(17) All areas of the adult oriented business shall be illuminated at a minimum of the following foot -candles, minimally maintained and evenly distributed Item 3E - Page 17
at ground level : The adult -oriented business complies with the outdoor lighting standards listed in Palm Springs Zoning Code Chapter 93.00.

Bookstores 20 footcandles
Retail establishments 20 footcandles
Theaters 5 footcandles except during
performances, at which times the
lighting shall be at least 1.25
footcandles
Cabaret 5 footcandles except during
performances, at which times the
lighting shall be at least 1.25
footcandles
Motion picture arcade 10 footcandles in public areas
Individual viewing booths 1.25 footcandles
Motion picture theater 10 footcandles except during
performances at which times the lighting
shall be at least 1.25 footcandles
Motel/hotel 20 footcandles in public areas

(20) The individual viewing areas of the adult oriented business shall be operated and maintained with no holes, openings or other means of direct visual or physical access between the interior space of two or m ore individual viewing areas.
(21) A traffic study has been prepared for the adult oriented business in conformance with industry standards. The applicant shall demonstrate that the project will not result in a reduction in any roadway level of service below that level of service designated in the general plan for that roadway. (22)(18) The adult-oriented business shall comply with the noise element of the general plan, interior and exterior noise standards noise ordinance and any mitigation measures necessary to reduce the project’s noise impacts to the city’s articulated noise standard.
(23)(19) The adult-oriented business shall comply with all building and construction standards of the Uniform California Building Code, as adopted by the Cit y of Palm Springs, Chapter 24 thereof, Title 24 of the California Code of Regulations, and all other federal, state and city-adopted standards for the specific use.
(24)(20) Whenever live entertainment is provided, patrons shall be physically separated from performers by a buffer zone of at least six feet. “Live entertainment,” for the purposes of this requirement, means any existent display by a human being which is characterized by an emphasis on specified anatomical parts or specified sexual activities. This provision shall not apply to an individual viewing area where the stage is completely separated from the individual viewing area by a floor to ceiling permanent, solid barrier.

Item 3E - Page 18
(25) No building, premises, structure or other facility shall be permitted to contain more than one type of adult oriented business as such types of adult oriented business are defined in Section 5.77.010. For the purposes of this section, the catch- all phrase “adult oriented business” shall not be considered a single type of adult oriented business.
(26) No individual viewing area may be occupied by more than one person at any one time.
(27)(21) No patron shall directly or indirectly pay or give any gratuity to any performer and no performer shall solicit or accept any gratuity from any patron.
(22) The following additional standards shall apply to Adult Sex Venues:
a. Information shall be provided to patrons relating to the risk of contracting HIV/AIDS and other sexually transmitted infections, and the methods of preventing such infections.
b. Safe sex supplies, including condoms and lubricant, shall be made available for patrons.
c. Employees shall be trained regarding the transmission of sexually transmitted infections and the means of prevention.
d. Operators shall ensure that the facility is maintained in a sanitary condition.

(b) The Director city development services director shall deny the requested permit

license if the above findings have not been made.

*The distance of separation required by Findings (a) (1), (2) and (3) shall be made using a straight line, without regard to intervening structures or objects, from the nearest property line of the property on which the adult -oriented business is, or will be located, and to the nearest property lie of the protected uses described in this Subsection from the property line of the lot on which the adult oriented business shall be located to the nearest property line of the lot upon which is located a residential use, religious institution, park or school if the use from which the measurement is being taken is located on the same lot as the adult oriented business, the distance between the two shall be measured in a straight line between the front doors of each use without regard to intervening structures or objects.

5.77.030 Permit
License – Duration.

An adult-oriented business permit
license shall be valid for a period of one year from the date of issuance.

5.77.035 Permit
License – Renewal.

An adult-oriented business permit
license for an adult-oriented business shall be renewed on a year -to-year basis provided that the permittee and the adult -oriented business continue to meet the requirements set forth in this chapter. A request for permit license Item 3E - Page 19
renewal must be accompanied by a completed adult -oriented business permit license application. If said application conforms to the previously approved application and the adult-oriented business has not changed, the permit license shall be renewed by the director of planning and building Director for another year. Any change or alteration in the nature or operation of the adult-oriented business will require the renewal to be reviewed by the director of planning and building Director. The renewal fee for an adult -oriented business permit license shall be established by ordinance or resolution of the city council.

5.77.040 Permits
Licenses – Nontransferrable – Use Specific.

No adult-oriented business permit
license for an adult -oriented business may be sold,
transferred or assigned by any permittee or by operation of law, to any other person, group, partnership, corporation or any other entity. Any such sale, transfer or assignment or attempted sale, transfer or assignment shall be deemed to constitute a voluntary surrender of the permit license and the permit license shall be thereafter null and void. An adult-oriented business permit license held by a corporation or partnership is subject to the same rules of transferability as contained above. Any change in the nature or composition of the adult -oriented business from one element of an adult -oriented business to another element of an adult -oriented business shall also render the permit
license null and void. An adult-oriented business permit license shall only be valid for the exact location specified on the permit.

5.77.045 Enforcement and Revocation.

(a) Inspections. The permittee shall permit officers of the city of Palm Springs, the county of Riverside, and each of their authorized representatives to conduct unscheduled inspections of the premises of the adult -oriented business for the purpose of ensuring compliance with the law at any time the adult -oriented business is open for business or occupied.

(b) Revocation Grounds. The director of planning and building Director may revoke
an adult-oriented business permit license when he or she discovers it is discovered that any of the following have occurred:
(1) Any of the findings contained in Section 5.77.025 above ceases to be satisfied;
(2) The application contains incorrect, false or misleading information; (3) The applicant is convicted of any felony or misdemeanor which that is classified as a sex or sex-related offense, any violation of the city’s zoning ordinance, any violation of the city’s massage ordinance, or any violation of any other adult business ordinance of any other city, county, or state; (4) Individual viewing areas are being operated with more than one occupant at any one time, or are being maintained with holes, openings or other means of direct visual access between the interior space of t wo or more individual viewing areas. For the purpose of this section, “individual viewing area” means a viewing area designed for single occupancy; Item 3E - Page 20
(5)(4) Any person has been convicted of a sex-related offense as a result of his or her activity on the premises of the adult-oriented business.; or (6) Any person or persons has engaged in any specified sexual activities on the premises.

(c) Revocation Notice. Upon determining that the grounds for permit license revocation exist, the director of planning and building Director shall furnish written notice of the proposed revocation to the permittee. Such notice shall summarize the principal reasons for the proposed revocation, shall state that the permittee may appeal the decision within fifteen calendar days of the posting or the post - marked date on the notice. The notice shall be delivered both by posting the notice at the location of the adult -oriented business and by sending the same, certified mail, return receipt requested and postage prepaid, to the permittee as that name and address appears on the
permit license. Not later than fifteen calendar days
after the latter of the mailing or posting of the notice, the permittee may file an appeal of the director of planning and building’s Director’s determination with the city clerk. If the appeal is filed within fifteen calendar days of the mailing or posting of the notice referenced above, the appeal hearing shall be provided as contained in subsection (d) of this section.

(d) Appeal. Any person aggrieved by a decision of the director of planning and
building Director under this chapter may file an appeal in the manner provided in Chapter 2.05 of the Palm Springs Municipal Code, and the appeal shall be noticed, heard and decided as provided therein.

(e) Reapplication After Revocation. No person, corporation, partnership or member thereof or any other entity may obtain an adult-oriented business permit license for
a business once its permit license has been revoked.

5.77.050 Violation – Penalty.

(a) Every person, whether acting as an individual owner, employee of the owner, permittee, or operator or employee of the permittee, or whether acting as a mere helper for the owner, permittee employer or operator, or whether acting as a participant or worker in any way, who operates or conducts or who participates in the operation of an unpermitted adult -oriented business, or who violates any provisions of this chapter, including but not limited to any provision of Section 5.77.025, shall be guilty of a misdemeanor and shall be fined not more than one thousand dollars for each offense or imprisoned for not more than six months in the county jail for each offense, or both. Each day the violation continues shall be regarded as a separate offense for which the full penalty may be imposed.

(b) Any establishment operated, conducted or maintained contrary to the provisions of this chapter is unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or Item 3E - Page 21
actions, proceeding or proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such adult-oriented business and restrain and enjoin any person from operating, conducting or maintaining such an establishment contrary to the provisions of this chapter.

5.77.055 Sex clubs prohibited.

Sex clubs, as defined in Section 5.77.010
, are prohibited.

SECTION 3. Rescind and replace Chapter 11.10 of the Palm Springs Municipal Code as follows:

CHAPTER 11.10 PUBLIC NUDITY

11.10.010 Commercial nudity—Prohibited.

Every person is guilty of a misdemeanor who, while engaging in commercial activity:
(1) Exposes his or her genitals, pubic hair, buttocks, natal cleft, perineum or anal region; or
(2) Exposes any portion of the female breast at or below the areola thereof.

11.10.020 Commercial nudity—Permitting.

Every person is guilty of a misdemeanor who causes, permits, counsels or assists any person to commit any act prohibited by Section 11.10.010.

11.10.030 Compensation not controlling.

A person shall be deemed to be engaged in commercial activity without regard to whether such person is paid any compensation by the management of the establishment in which the activity is performed, provided that the prohibited act is performed in furtherance of the establishment’s commercial enterprise.

11.10.040 Public nudity—Prohibited.

(a) No person shall appear, bathe, sunbathe, walk, dress or undress, or ride in or on any vehicle, or be in any park, playground, public place, or on any public land or on any private property open to view from any public area or public right-of-way in such a manner that the genitals, pubic hair, buttocks, anus, anal regions, natal cleft, perineum, or pubic hair region of any person, or any portion of the breast at or below the upper edge of the areola thereof of any female person, is exposed to public view or is not covered by an opaque covering.

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(b) The provisions of this section shall not apply to children under the age of ten.

(c) It shall be an infraction for any person to violate any of the provisions of this section and upon conviction thereof shall be punished as provided in Section 1.01.155 of the Palm Springs Municipal Code.

11.10.050 Exemption.

The provisions of this chapter shall not apply to actors, dancers, and other entertainers actually engaged in a lawful performance.

11.10.010 Purpose and Intent.

The presence of persons who are nude and exposed to public view in public places invades the privacy of members of the public who are unwillingly or unexpectedly exposed to such conduct and unreasonably interferes with the rights of all persons to use and enjoy public areas. The provisions of this Chapter are enacted for the purpose of securing and promoting the public health, safety, and general welfare of all persons in the city.

11.10.020 Definitions.

For the purposes of this Chapter, the following words shall have the meanings set out in this Section:

“Nudity” means the exposure or lack of opaque covering of one’s genitals, perineum, or anal region.

“Public place” means any public street, sidewalk, street median, plaza, park, or public right-of-way, or any place open to the public or exposed to public view. Public place does not include areas within which there is a reasonable expectation of privacy, such as within buildings, residences, or within private yards that are screened by walls, hedges, or similar visual barriers.

11.10.030 Prohibited.

It is declared a public nuisance and unlawful for any person to appear, sunbathe, bathe, walk, disrobe, or otherwise be nude in any public place except in an area expressly set aside for such purpose.

11.10.040 Exceptions.

The provisions of this Chapter shall not apply to:

(a) Any person under the age of six (6) years;

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(b) Live theatrical performances performed in a theater, concert hall, or other similar facility located on public land;

(c) (OPTIONAL) Any permitted parade, fair or festival held under a City or other government-issued permit.

11.10.050 Violations.

(a) Notwithstanding any provision of this Municipal Code to the contrary, the City Attorney, or in the case of a notice to appear the citing officer, shall have the authority to prosecute any viol ation this chapter as a misdemeanor or as an infraction in the interests of justice. Additionally, the court may determine that the offense is an infraction, in which event the case shall proceed as if the defendant had been arraigned on an infraction complaint.

(b) A violation of this Chapter does not require lewd or sexually-motivated conduct as required under the indecent exposure provisions of California Penal Code Section 314 or for the purposes of California Penal Code Section 290(c).

SECTION 4. I f 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 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 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 ______________, _________.

Item 3E - Page 24

GRACE ELENA GARNER
MAYOR

ATTEST:

BRENDA PREE, MMC

CITY CLERK

Item 3E - Page 25

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on _________ and adopted at a regular meeting of the City Council held on __________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

BRENDA PREE, MMC

CITY CLERK
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ATTACHMENT #2

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ATTACHMENT 2a
C-2 Zone Map
020
Legend
- C-2Zone
UR
020
020 UR
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ATTACHMENT 2b
COMPARISON TABLES – ZONE DISTRICTS, SEPARATION DISTANCE

Comparison: Zone Districts Where Permissible – City of Palm Springs Use P CBD CDN CSC C-1 C-1AA C-2 HC C-M M-1-P M-1 M-2 E-I A Adult-Oriented Business -- -- -- -- -- -- -- -- P P P P -- -- Alcohol Use – Nightclub/Bars -- CUP CUP CUP CUP CUP CUP CUP CUP1 CUP1 CUP1 CUP -- -- Alcohol Use – Liquor Stores -- CUP -- -- CUP CUP CUP CUP CUP -- -- -- -- -- Cannabis Dispensary/Lounge -- P -- -- P -- P P P P P P -- P 1Cannot be closer than 300 feet to a residential zone, church, or mortuary.

Key: CUP = Conditional Use Permit; P = Permitted

Comparison: Adult-Oriented Business Separation Distance Requirements vs. Regulated Uses (Palm Springs) Use Separation from Similar Use Separation from Residential Separation from Protected Uses Adult-Oriented Business Shall not be adjacent to or across the street from another adult business 650 feet 500 feet
Alcohol Use – Nightclubs/Bars No separation required No separation required No separation required Alcohol Use – Liquor Stores No separation required No separation required No separation required Cannabis Dispensary/Lounge 500 feet No separation required 600 feet

Comparison: Adult-Oriented Business Separation Distance Requirements – Palm Springs vs. Other Jurisdictions Use Separation from Similar Use Separation from Residential Separation from Protected Uses Palm Springs Shall not be adjacent to or across the
street from another adult business 650 feet 500 feet
Los Angeles 1,000 feet 500 feet 500 feet
San Diego 1,000 feet 1,000 feet 1,000 feet
San Francisco 1,000 feet2 No separation required No separation required 2No separation distance required between Adult Sex Venue facilities.

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ATTACHMENT 2c
Comparison: Definition of “Specified Anatomical Parts”

Coachella Valley Cities:

Cathedral City: Chapter 5.18
“Specified anatomical area” means and includes any of the following:

1. Less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or a female breast below a point immediately above the top of the areola;

2. The human male genitals in a discernibly turgid state, even if completely and opaquely cove red.

Coachella: Chapter 5.60
"Specified anatomical area" means and includes any of the following:

1. Less than completely and opaquely covered human genitals, pubic region, anus, buttocks or a female breast below a point immediately above the top of the areola;

2. The human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Desert Hot Springs: Chapter 17.168
“Specified anatomical area” means and includes any of the following:

1. Less than completely and opaquely covered human genitals, pubic region, anus, buttocks or a female breast below a point immediately above the top of the areola;

2. The human male genitals in a discernibly turgid state, even if completely and opaquely cover ed.

Indio: Chapter 120
SPECIFIED ANATOMICAL AREAS. Any of the following:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Indian Wells: Chapter 5.30
“Specified Anatomical Areas” as used in this Chapter means and includes any of the following:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the aureole; or (2) Human male genitals in a discernibly turgid State, even if completely and opaquely covered.

La Quinta: Chapter 5.80
"Specified anatomical parts" means:

1. Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below a point immediately above the top of the areola; or

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Rancho Mirage: Chapter 8.07
“Specified anatomical areas” means and includes any of the following:

1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or

2. Human male genitals in a discernible turgid state, even if completely and opaquely covered.

Palm Desert: Chapter 5.88
“Specified anatomical areas,” as used in this chapter, means and includes any of the following:

1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Other California Municipalities:

Los Angeles: Section 12.70
“Specified Anatomical Areas” – As used herein, “specified anatomical areas” shall mean and include any of the following:
(a) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolas; or (b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

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Riverside County: Chapter 5.44
"Specified anatomical parts" means:

1. Less than completely and opaquely covered human genitals, pubic hair, buttocks, natal cleft, perineum, anal region, pubic hair region, or female breast below a point immediately above the top of the areola; or

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

San Diego: Section 33.3602
“Specified anatomical areas” means and includes less than completely and opaquely covered human genitals, pubic region, buttocks, anus, female breasts below a point immediately above the top of the areolae, or human male genitals in a discernible turgid state, even if completely and opaquely covered.

San Francisco: Section 791
Specified Anatomical Areas:

1. Less than completely and opaquely covered
(a) Human genitals, pubic hair, buttock, natal cleft, perineum, anal region, and (b) Female breast at or below the areola thereof; and

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

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ATTACHMENT 2d
Comparison: Definition of “Specified Sexual Activities”

Coachella Valley Cities:

Cathedral City: Chapter 5.18
“Specified sexual activities,” means and includes any of the following:

1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or

3. Excretory functions as part of or in connection with the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy.

Coachella: Chapter 5.60
"Specified sexual activities" means and includes any of the following:

1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; or

3. Excretory functions as part of or in connection with the fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts, sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy.

Desert Hot Springs: Chapter 17.168
“Specified sexual activities” means and includes any of the following:

1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or

3. Excretory functions as part of or in connection with the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy.

Indio: Chapter 120
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(1) The fondling or other intentional touching of human genitals for purpose of sexual arousal, or fondling or other intentional touching of human genitals, pubic region, anus, or female breasts; (2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(3) Masturbation, actual or simulated; or
(4) Human genitals in a state of sexual stimulation, arousal or tumescence; (5) Excretory functions as part of or in connection with any of the activities set forth in div isions (1) through (4) of this definition.

Indian Wells: Chapter 5.30
“Specified Sexual Activities,” as used in this Chapter, means and includes any of the following:
(1) The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(3) Masturbation, actual or simulated; or
(4) Human genitals in a State of sexual stimulation, arousal or tumescence; (5) Excretory functions as part of or in connection with any of the activities set forth in subdivisions (1) through (4) of this subsection.

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La Quinta: Chapter 5.80
"Specified sexual activities" means:

1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functio n in the context of a sexual relationship, any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia; or

2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

3. Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; or

4. Fondling or touching of nude human genitals, pubic region, buttocks or fema le breast; or

5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

6. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or

7. Human excretion, urination, menstruation, vaginal or anal irrigation; or

8. Striptease; the removal of clothing to the point where specified anatomical parts are not opaquely covered or are minimally covered with devices commonly referred to as pasties and G strings, or equivalent clothing.

Rancho Mirage: Chapter 8.07
“Specified sexual activities” means and includes any of the following:

1. The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; or

2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy; or

3. Masturbation, actual or simulated; or

4. Human genitals in a state of sexual stimulation, arousal or tumescence; or

5. Excretory functions as part of or in connection with any of the activities set forth in subdivisions 1 through 4 of this subsection.

Palm Desert: Chapter 5.88
“Specified sexual activities” means and includes the following:

1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty;

2. Clearly depicted human genitals in state of sexual stimulation, arousal or tumescence;

3. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation;

4. Fondling or touching of nude human genitals, pubic region, buttocks or female breasts;

5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain;

6. Erotic or lewd touching, fondling or other contact with an animal by a human being;

7. Human excretion, urination, menstruation, vaginal or anal irrigation.

Other California Municipalities:

Los Angeles: Section 12.70
“Specified Sexual Activities” — As used herein, “specified sexual activities” shall mean and include any of the following:
(a) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(b) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy; (c) Masturbation, actual or simulated; or
(d) Excretory functions as part of or in connection with any of the activities set forth in (a)through (c) above.

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Riverside County: Chapter 5.44
"Specified sexual activities" means:

Actual or simulated: sexual intercourse, oral copulation, anal intercourse, oral -anal copulation, bestiality, masturbation, direct physical stimulation of unclothed genitals, flagellation or torture in the context of asexual relationship, or the use of excretory function in the context of a sexual relationship; or any of the following depicted sexually oriented acts or conduct, whether actual or simulated:
analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia , pedophilia, sapphism, urophilia, zooerastia, zoophilia; Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; Use of human or animal ejaculation;
Fondling or erotic or sexually-oriented touching of human genitals, pubic region, buttocks, natal cleft, anal region or female breast;
Masochism; erotic or sexually-oriented torture, beating or the infliction of pain; Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a human being; Human excretion, urination, menstruation, vaginal or anal irrigation; or Striptease, or the removal of clothing, or the wearing of transparent or diaphanous clothing, including models appearing in lingerie, to the point where specified anatomical parts are exposed.

San Diego: Section 33.3602
“Specified sexual activities” means and includes the fondling or other touching of human genitals, pubic region, buttocks, anus, or female breasts; sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; masturbation, actual or simulated; or excretory functions as part of or in connection with any of the activities set forth above.

San Francisco: Section 791
Specified Sexual Activities:

1. Human genitals in a state of sexual stimulation or arousal;

2. Acts of human masturbation, sexual intercourse or sodomy;

3. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

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ATTACHMENT #3

Item 3E - Page 35
ATTACHMENT 3
Comparison: Public Nudity Ordinances

Coachella Valley Cities:

Cathedral City:
• Does not have a chapter on public nudity; refers to Penal Code §314 in the Adult Business Ordinance.

Coachella:
• Does not have a chapter on public nudity; Penal Code §314 incorporated by reference.

Desert Hot Springs:
• Does not have a chapter on public nudity; refers to Penal Code §314 in the Adult Business Ordinance.

Indio:
• Does not have a chapter on public nudity; refers to Penal Code §314 in the Adult Business Ordinance.

Indian Wells: Chapter 9.10
• “Nudity” means devoid of an opaque covering which covers the genitals, vulva, pubis, pubic symphysis, pubic hair, buttocks, natal cleft, perineum, anus, anal region, or pubic hair region of any person or any portion of the breast at or below the upper edge of the areola thereof of an y female person.
• Applies to any park, street or waters adjacent thereto, or any place open to the public or exposed to public view, including specifically a view from any private residence or any portion of the real property in the immediate vicinity of such private residence, whether such place is publicly or privately owned. Public place does not include areas within which there is a reasonable expectation of privacy, such as within buildings or within private yards that are screened by a six -foot (6’) wall or similar visual barrier.
• Does not apply to children under 10; does not apply to live theatrical performances.

La Quinta:
• Does not have a chapter on public nudity; Penal Code §314 incorporated by reference.

Rancho Mirage:
• Does not have a chapter on public nudity; refers to Penal Code §314 in the Adult Business Ordinance.

Palm Desert: Chapter 9.20
• Nudity is defined as exposure of any portion of either breast below a straight line so drawn that both nipples and all portions of both breasts which have a different pigmentation than that of the main portion of the breasts are below such straight line; and exposure of private parts or buttocks, or employing any device or covering which is intended to simulate the private parts or pubic h air of such person.
• Does not apply to live theatrical performances.

Other California Municipalities:

Los Angeles (City): Section 63.44
• No person shall expose the genitals, vulva, pubis, pubic symphysis, pubic hair, buttock, natal cleft, perineum, anus, anal region, or pubic hair region of any such person, or any portion of the breast at or below the upper edge of the areola thereof of any such female person. • Does not apply to children under 10; does not apply to live theatrical performances.

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Los Angeles (County): Section 17.12.360
• No person shall appear, bathe, sunbathe, walk, change clothes, or disrobe in such manner that the genitals, vulva, pubis, pubic symphysis, pubic hair, buttocks, natal cleft, perineum, anus, anal region or pubic hair region of any person, or any portion of the breast at or below the upper edge of the areola thereof of any female person, is exposed to public view, except in those portions of a comfort station, if any, expressly set aside for such purpose. • Does apply to persons under the age of 10 years, provided such children are sufficiently clothed to conform to accepted community standards.

Riverside County:
• Does not have a chapter on public nudity; Section 9.04.030 prohibits exposure of female breasts and private parts of waiters/waitresses/entertainers.
• Penal Code §314 incorporated by reference.

San Diego (City): Section 56.53
• Whenever in this section the word “nude” is used, it shall mean devoid of an opaque covering which covers the genitals, pubic hair, buttocks, perineum, anus or anal region of any person, or any portion of the breast at or below the areola thereof of any female person. • Does not apply to children under 10; does not apply to live theatrical performances.

San Diego (County): Chapter 10
• “Nude" means devoid of an opaque covering which covers the genitals, vulva, pubis, pubic symphysis, pubic hair, buttocks, natal cleft, perineum, anus, anal region or pubic hair region of any person or any portion of the breast at or below the upper edge of the areola of any female person. • When used in this chapter, "public place" means any place open to the public, including public property, a public right of way or any private property that is open to the public. "Public place" also means any area from which the public can view a person or any part of a person on any property, public or private.
• Does not apply to children under 10; does not apply to live theatrical performances.

San Francisco: Section 154
• A person may not expose his or her genitals, perineum, or anal region on any public street, sidewalk, street median, parklet, plaza, or public right-of-way as defined in Section 2.4.4(t) of the Public Works Code, or in any transit vehicle, station, platform, or stop of any government operated transit system in the City and County of San Francisco. • Does not apply to children under 5; does not apply to any permitted parade, fair, or festival held under a City or other government issued permit.

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ATTACHMENT #4

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November 10, 2022
Palm Springs City Council
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Council Members:

The progressive revisions proposed to the Palm Springs Adult-Oriented business ordinance make a good start to keep pace with other jurisdictions including Los Angeles, San Diego and San Francisco.

My concern is that the even with the revisions, the definition of an 'Adult Sex Venue' is so broad that it still includes my private life and personal spaces.

The last sentence states that The above notwithstanding, an "adult sex venue" is also any place which that represents itself to any person or group of persons as a place for persons to engage in specified sexual activities" By that definition, inviting someone to my home for intimate time is a violation.

The LGBTQ+ community is already under pressure from all corners and to have verbiage that would enable arbitrary consideration of my private property to be an 'adult sex venue' goes too far. I request the final sentence be removed, or that the language be clarified to make it clear that noncommercial venues, such as private homes, are not included.

Attached please find my recommendation for a revised 'adult sex venue' definition.

Thank you so much for your help.

Sincerely,
Tim Hadorn
760-820-2859
11/10/2022
Public Comment
Item 3E
Item 3E - Page 39

5.77.010 Definitions
"Sex club Adult sex venue " means any establishment not primarily dedicated to providing overnight lodging accommodations, including a private club, which as a regular and substantial course of conduct permits persons to engage in specified sexual activities in any public or semipublic portion of the establishment or which provides any private room to persons more than once in a twenty-hour period in which persons are permitted to engage in specified sexual activities . For the purpose of this section, a "public or semipublic portion of an establishment" shall mean any portion of the establishment in which invitees of the establishment are permitted access and which is not let, leased or rented more than once in a twenty-hour period to persons who are entitled to exclusive use of the room. The above notv~·ithstanding, an "Sex club adult sex venue" is also any place ·1,hich that represents itself to any person or group of persons as a place for persons to engage in specified sexual activities 11/10/2022
Public Comment
Item 3E
Item 3E - Page 40
From: John McBain
To:

Subject:

City Clerk; CityManager ; Lisa Middleton ; Dennis Woods; Grace Garner; Geoff Kors; Christy Holstege Support of Proposed Update to Municipal Code 5. 77
Date: Thursday, November 10, 2022 9:28 :37 AM
NOTICE: This message originated outside of The City of Palm Sprin gs -- DO NOT CLICK on links or open attachments unless you are sure th e content is safe.

I am writing today to express my support for the proposed changes to Municipal Code 5.77 pertaining to Adult Oriented businesses and repeal of Chapter 11.10 pertaining to public nudity. I know this is on tonight's meeting agenda and I wish to express my support .

I believe it is important for our council to update our municipal codes to remain current and to maintain proper standards . I encourage the council members to vote in the affirmative to approve this change as it has been written.

Should you need me to speak at the meeting I can be reached at 760.408 .2012 otherwise plea se see that this message is shared with the council members.

Your support for our community is greatly appreciated. I thank you all for your generous service.

Sincerely ,
John
John McBain , Owner
Gear
760.408.2012 Phone
11/10/2022
Public Comment
Item 3E
Item 3E - Page 41
From:

To:

Subject:

Date:

Susan
City Clerk; CityManager; Lisa Middleton; Geoff Kors; Grace Garner; Christy Holstege; Dennis Woods Nude clubs, Adult sex orientated
https ://destinyhosted .com/palmsdocs/2022/CC/20221110_1397 /4052_3E_ OCR.pdf Wednesday, November 9, 2022 3:13:41 PM
NOTICE: This message originat ed out side of The City of Palm Sprin gs -- DO NOT CLICK on links or open attachments unless you are sure th e cont ent is safe.

November 9 2022
City of Palm Springs Manager, Mayor Middleton, Council Kors, Woods , Gamer, Holstege:

I object to any change or modification to the ordinance of 1995. We need not change to allow Adult Sex venues, outlets or the like in this city because:

1. The city currently is understaffed for Peace Officers .. any sort of sex club .. 'hard or soft on any level' (no pun intended) ought to be allowed in this city at this time.

2. By changing ordinance now with so many, many real problems and issues in the city concerning crime, trespass, the fact that the local police force is unable to respond to calls from residents now for incidents of concern be it disturbances , gun shots, trespass , theft, burglaries, drunk or stoned drivers or speeding. This is a very bad time to run our police department to more disturbances that surely will happen with the proposed allowable long laundry list of permissions.

3. Please table and close this matter. This is objectionable when this city needs to focus on many much more important matters such as actually doing something about cleaning up the city, making it safer, taking the vagrants away from downtown or around venues that exist.

4. Please focus on clear ordinances to house, provide services to veterans who are homeless or living in awful substandard places . Help low income seniors .. I call to try to help seniors yet ALL of the low income, affordable housing has a wait list of 1-2 years or longer for a one bedroom and 3+ years for a two bedroom.

5. City staff today farms out work product yet you propose opening a can of worms like this that will take focus away from backlog of city services for such that will over burden not just police but planning , building dept staff and enforcement.

6. In 1995 the current ordinance was in place for good cause. There is still good cause to maintain this ordinance

7. The city is not able to keep up with current services , permitted building projects sitting for months and years .

8. The proposed changes are objectionable as well with18 year olds permitted where alcohol is not served. A nude club allowing teenagers is wrong. And you do not specify teenagers may not imbibe in cannabis or the like or may not smoke cigarettes, etc. #14 page 16.

9. The fact that a room can be subrented multiple times in a 12 hour period .. this just smacks of whore house, brothel. Palm Springs is not the Nevada bunny ranch and we need not have anything of the sort within city limits. This is wrong per# 1. - 3 less than ten hour room rentals with sub rented multi times allowance.
10 In 1995 AIDs caused horrific deaths in the hundreds of thousands. Allowing this ordinance is an opportunity for AIDs to kill many more. Then Monkeypox is at issue with its contagious spread.

11. What does County of Riverside health department say now to the fact at Reforma within former Robinsons historical building, shows Drag Queen with exposed butt with sheer see through panel walking around dining tables, stopping to squat, sit on laps while visitors are 11/10/2022
Public Comment
Item 3E
Item 3E - Page 42
eating?
https ://www.facebook.com/reel/846112703 3 99678/?s=single unit

12. Pride parade, a video clip here of man with exposed buttocks in Marilyn dress on stilts with man following with a lawn leaf blower that lifts the skirt to show buttocks, genitals, scantily covered jock. I think Pride parade management ought to have stopped this or pulled the guy on stilts exposing himself to the public and the many children attending. https://www.facebook.com/reel/944645203161279?group id=245928299241576&s =group

13. We can anticipate the same kind of spectacles pouring over and out onto city streets from Adult Sex clubs, lounges, cabarets too.

14. Age limits must be 21 and over..just as in buying liquor, cigarettes, pot. A distance of 1000 feet from one another, from schools, churches, senior or low income type residential or commercial venues ought to be enforced if this absurdity proceeds.

15. Proprietors, staff with sex or drug misdemeanors or felony record must not be allowed to own, apply or work there, period. City police must run full background checks on all applications. Proprieters must run background checks on all who work or perform at the adult sex operations. If anyone affiliated in any way has a sex, drug related misdemeanor or felon record, they are fined and permanent stay away orders issued so that they must stay away at least a mile from the establishment and not be permitted in the area.

16. to take away parking, to take away HC to allow on Hwy 111 at some point is all wrong too.

Personally, I think overall that this will negatively influence the city and that this city ought to deny any such change in the current 1995 ordinance.

This is overall a bad ordinance. The city leads are here to provide a safe, healthy place for residents. We are a small town. We need to leave the Adult Sex scene to larger cities like San Francisco, Los Angeles, San Diego. Table the changes, close the matter. Or next election, place this up for public vote, consideration for all citizens to choose whether they wish Palm Springs to be a healthy resort with focus on our great weather, outdoor healthy activities centered around walking, hiking, golf, tennis, swimming and fine dining. Or do we cater to Vegas style, dark side adult sex, brothel risky, red light district crapola. This is not Art, this is sex trade explicit.

All due respect. This proposal is wrong. Please leave the current ordinance in effect for the betterment of our community. Thank you.

Susan Cog/
11/10/2022
Public Comment
Item 3E
Item 3E - Page 43
From:

To:

Subject:

Date:

City of Palm Springs
City Clerk; City Clerk
*NEW SUBMISSION* Submit Public Comment to the City of Palm Springs Thursday, November 10, 2022 5:38 :49 PM
Submit Public Comment to the City of Palm Springs
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IP Address:
2078574

66.74.207.109
Submission Date: 11/10/2022 5:38
Survey Time: 33 minutes , 15 seconds
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Michael John Horne
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Palm Springs,
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3238289656
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[email protected]
Your Comments/Sus comentarios
Dear Mayor Middleton & Council members, I am writing to express my support for the proposed changes to Municipal Code 5.77, pertaining to the adult oriented business. I currently own and operate a successful "adult oriented men's club" in Los Angeles, CA. I also own property at 531 E Industrial Place in Palm Springs. This is property is currently zoned CM (Commercial Manufacturing) and meets the "Adult Use" criteria to operate per the new ordinance . The Tahquitz Creek wash runs several feet behind and separates my property from new residential homes under construction {less than 500 feet). I respectfully request you consider adding a waiver process, due to the unique characteristics of the cities industrial area. In addition, not all "adult use ordinances" are equally the same. I operate a private membership club and request the use be under spas and clothing optional hotels not as sex clubs. I offer privacy just like the hotel and spas noted in the ordinance. Thank you Michael J Horne Thank you,
City of Palm Springs
This is an automated message generated by Granicus. Please do not reply directly to this email. 11/10/2022
Public Comment
Item 3E
Item 3E - Page 44
From:

To:

Subject:

Date:

City of Palm Springs
City Clerk; City Clerk
*NEW SUBMISSION* Submit Public Comment to the City of Palm Springs Monday, November 28, 2022 6:13:25 PM
Submit Public Comment to the City of Palm Springs
Submission #:

IP Address:
2105917

72.132.237.42
Submission Date: 11/28/2022 6:13
Survey Time: 4 minutes , 23 seconds
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Steven Guy
City of Residence/Ciudad de residencia
Palm Springs,
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2135007085
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sguympa@gmail .com
Your Comments/Sus comentarios
I would ask the council to postpone the vote to sanction adult oriented businesses in Tahquitz River Estates and the surrounding areas, including Industrial Place, until further input from the community can be conducted. Many Thanks, Steven Guy, Board Member, Tahquitz River Estates.

Thank you,
City of Palm Springs
This is an automated message generated by Granicus. Please do not reply directly to this email. 11/28/2022
Public Comment
Item 3A
Item 3E - Page 45
From: Clark Woodford <[email protected] >
Sent: Monday, November 28, 2022 8:26 AM
To: Lisa Middleton <[email protected] >; Geoff Kors <[email protected] >; Christy Holstege <[email protected] >; Dennis Woods <[email protected] >; Llubi Rios <[email protected] > Cc: Bob Read <[email protected] >
Subject: Sexual Adult Business Expansion in Palm Springs NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.

Hello Palm Springs City Council,
I am all for sexual freedom and safe places to enjoy yourself . I believe controlled businesses are valuable for this type of activity . However, when I read that the City Council is considering expanding where these business can operate, including sex clubs, I was horrified. I don't feel this kind of business has any reason to be anywhere along Palm Canyon Drive. Your main drag to get you through Palm Springs with sex clubs and porn shops? What kind of impression is that, as you enter or exit this beautiful city? That's the first and last impression you want people to have of Palm Springs? Sunny Dunes south to Mr. Lyons? The city can't get control of the crime at Palm Canyon and Sunny Dunes as it is. Starbucks couldn't even survive because of the crime and homelessness. The city can't even get the street lights working between Sunny Dunes and Mesquite. Now you want to add adult sexual businesses to that area? That is absolute insanity and clearly shows the city council has no clue what's going on in their city. You have two new beautiful housing developments going on right there with Cody Place and Elan. How is that going to help sales with a new sex club next door? There are plenty of areas in the city to expand this ordinance . I plead with you to reconsider the areas being talked about at the north and south end of town. I would be so embarrassed having family driving in and making that the first impression of where I live.

I would like to suggest additional sex clubs and adult sexual themed businesses in your neighborhoods first.

If this change will go forward, please notify me personally so that I can sell my home and get out now before losing value in my home. You have made this a monetary issue and when my home loses value based on the City Council decision, the City of Palm Springs will be sued for compensation for the devaluation of my home. I will encourage each of my neighbors to do the same.

Clark Woodford
Palm Springs Resident
11/28/2022
Public Comment
Item 3B
Item 3E - Page 46
From:

To:

Subject:

Date:

City of Palm Springs
City Clerk; City Clerk
*NEW SUBMISSION* Submit Public Comment to the City of Palm Springs Monday, November 28, 2022 3:59:59 PM
Submit Public Comment to the City of Palm Springs
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IP Address:
2105713

76.93.226.245
Submission Date: 11/28/2022 3:59
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Karen Braff
City of Residence/Ciudad de residencia
Palm Springs,
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7604137983
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[email protected]
Your Comments/Sus comentarios
Dear Council Members: Keep adult sexually oriented business away from any part of Palm Canyon Drive. 1. The South End of Palm Canyon needs revitalization not condemnation as the seedy part of town . 2. Once established these businesses will never leave. It's permanent. Think liquor stores on PC that have been there for over 60 years.

3. Gay? Straight? Who cares. The patrons are not the best of the best. Be real. There will be hook ups in the parking lot, hookers, crime , drug deals for sure. And then there's the homeless right there on the sidewalk. A great mix. 4.

You say San Francisco, San Diego, Los Angeles in your report. The last I heard people come here to get away from those gritty, depressing, unsafe cities. 5. My impression is that Palm Springs is a glamourous, fun, welcoming, bright, sophisticated and safe city for everyone; gay, straight, families, children, cute dogs. Why wreck it? 6. There are many other areas for adult oriented business within the city other than ou Thank you,
City of Palm Springs
This is an automated message generated by Granicus. Please do not reply directly to this email. 11/28/2022
Public Comment
Item 3B
Item 3E - Page 47
From:

To:

Karen Braff
City Clerk
Subject: Fwd: Please Distribute for Meeting, 11/28/22 Consideration of Changing City Law to Increase Adult Venues Monday, November 28, 2022 3:56:29 PM Date:

NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.

Dear Council Members:

Keep adult sexually oriented business away from any part of Palm Canyon Drive.

1. The South End of Palm Canyon needs revitalization not condemnation as the seedy part of town.

2. Once established these businesses will never leave. It's permanent. Think liquor stores on PC that have been there for over 60 years.

3. Gay? Straight? Who cares. The patrons are not the best of the best. Be real. There will be hook ups in the parking lot, hookers, crime, drug deals for sure. And then there's the homeless right there on the sidewalk. A great mix.

4. You say San Francisco, San Diego, Los Angeles in your report. The last I heard people come here to get away from those gritty, depressing, unsafe cities.

5. My impression is that Palm Springs is a glamourous, fun, welcoming , bright, sophisticated and safe city for everyone; gay, straight, families, children, cute dogs. Why wreck it?

6. There are many other areas for adult oriented business within the city other than our iconic Main Street.

Bring Palm Canyon Drive up to standard for everyone to enjoy. Please don't ruin such a well known and well traveled thoroughfare.

Cc: Editorial, Desert Sun
11/28/2022
Public Comment
Item 3B
Item 3E - Page 48
From:

To:

Subject:

Date:

Grace Garner
City Clerk
FW: Concern- Sexual Business Rule Change
Monday, November 28, 2022 3:32:29 PM
-----Origin al Message-----
From : WAYNE LARSON <whllondon @aol.com >
Sent: Monday , November 28, 2022 3:29 PM
To: Grace Gamer <Grace.Gamer @palmspringsca .gov>
Subject: Concern- Sexual Business Rule Change
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.

I reside in your district I ( The Fairways) and I'm writing in regards to the current proposal related to lifting restrictions on sexual related businesses . I'm adamantly opposed and feel it would damage our community that is already struggling with quality oflife issues including homelessness and crime .

Not sure what cities Mr kors is citing as an example for a change but if they are San Francisco , Los Angeles, Seattle, Portland , Eugene , many have moved to Palm Springs recently to escape the deterioration of quality of life in those cities that have the similar mind-set that is being proposed here.

Palm Spring 's greatest industry is tourism. I don't see how allowing sex related shops all over the city in visible areas is going to enhance Palm Springs positive image and attract more tourists.

I question the real reasons and motives for the change now and wonder about special interests that could care less about damaging Palm Springs national brand as an inclusive, welcoming , beautiful community.

Sincerely
Wayne H Larson
Sent from my iPhone
11/28/2022
Public Comment
Item 3B
Item 3E - Page 49
From:

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Date:

City of Palm Springs
City Clerk; City Clerk
*NEW SUBMISSION* Submit Public Comment to the City of Palm Springs Monday, November 28, 2022 7:34:48 AM
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IP Address:
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Submission Date: 11/28/2022 7:34
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Warren Becker
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Your Comments/Sus comentarios
Hello City Council Members, Just want to voice my support for more streamline and realistic rules for sexual related businesses in Palm Springs. Current rules feel antiquated, and anti LGBTQ at times. PS is gay tourist mecca and updating current rules would enhance our hospitality reputation . Moreover, it would give existing sexual related businesses, and potentially new businesses, a clear understanding of what is and is not allowed. Present rules not clear. Thank you for your consideration.

Thank you,
City of Palm Springs
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Public Comment
Item 3B
Item 3E - Page 50
From:

To:

Subject:

Date:

Brett Smith
City Clerk; Lisa Middleton ; Teresa Gallavan
Palm Springs council considering opening more of city to sexually oriented business-Desert Sun Wednesday, November 23, 2022 8:42:28 AM
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.

To Whom It May Concern , and to Ms. Middleton :

I just read the above mentioned article in The Desert Sun. I am impelled to write to voice my opinion, and the opinion of many of my neighbors on this idea.

NO!
I had to read the article twice to believe that Kors and Holstege would even suggest such a venture . This used to be a city of Class. I am older than these two individuals, and I can still remember my parents coming here to shop in beautiful stores, swim and stay in beautiful hotels, and admire the cleanliness and beauty of the parks, streets, neighborhoods, and mountain visitas . We have now become a city full of legalized pot dispensaries, homeless encampments growing by the day, numerous vacant buildings decaying every month, crime numbers escalating, and high density Airbnbs and developments ... now we want to add more porn shops , strip clubs , and sexually oriented businesses? This idea is a total insult to our community. What purpose , other than more money and questionable activity , is there to do this?
One only needs to drive to any one of our other neighboring cities to see that the focus of their city councils is to improve the liveability , peacefulness , beauty and CLASS of their communities! Buildings are finished on time, medians and parkways are kept attractive and free of debris, weeds, and homeless trash , restrictions and consequences for negative behaviors are enforced, and NONE of this kind of degrading of the environment is even considered . I am a gay man , fully accepting and compassionate of others , BUT, I do now want to live in a city that now welcomes bringing in more strip clubs and porn shops .

This city and its tourist base will certainly decline if ideas like this are allowed to develop. Do we really want the reputation of being the city that is known for sex shops , strip clubs , homeless vandalism and encampments , and the stench of pot on every comer? We are heading in the wrong direction. I speak for many of my neighbors in feeling disrespected and insulted by this latest trend to tarnish what was once a beautiful and classy city.

Brett Smith
Palm Springs
11/28/2022
Public Comment
Item 3B
Item 3E - Page 51
From: David Christian <[email protected] >
Sent: Saturday, November 26, 2022 4:24 PM
To: Grace Garner <Grace.Garner@palmspringsca .gov>; Geoff Kors <Geoff.Kors@palmspringsca .gov>; Llubi Rios <[email protected] >; Dennis Woods <Dennis.Woods@palmspringsca .gov>; CityManager <[email protected] >; Lisa Middleton <[email protected] >; Christy Holstege <Christy [email protected] >; Cindy Cairns <[email protected] >; Makinen, Julie <Julie.Makinen@desertsun .com>
Subject: Council revoking current Palm Springs sex related ordinances. Meeting Monday November 28.

NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.

To the Palm Springs City Council,
This will be brief. The excerpt below is just a small portion of your new proposed ordinance regarding public nudity, sex shops and similar issues.

15. (17) The adult oriented business shall provide separate restroom facilities for male and female patrons. The
restrooms shall be free from sexually oriented materials and sexually oriented merchandise. Only one person shall be allowed in the restroom at any time, unless other.¥ise
required by law, in which case the adult oriented business shall employ a restroom attendant of the same sex as the restroom users 1Nho shall be present in the restroom during operating hours. The attendant shall prevent any person(s) from engaging in any specified sexual activities within the restroom and shall ensure that no person of the opposite sex is permitted in the restroom.

There used to be a standard for what was almost universally called decent and acceptable behavior. The City of Palm Springs has some very rational laws related to encouraging that sort of behavior.

I don't think that baring ones' buttocks in public and
encouraging sex acts in public toilets falls into that category.

Apparently, the current council is hoping this is the future of Palm Springs. I would encourage you not to take this path. I am absolutely certain I do not stand alone on this.
11/28/2022
Public Comment
Item 3C
Item 3E - Page 52
Sincerely,
David
David Christian
Architecture & Interior Design
431 Villaggio North
Palm Springs, CA 92262
Phone:760-285-2220
dc@davidchristian .com
www .davidchristian .com
11/28/2022
Public Comment
Item 3C
Item 3E - Page 53
1 Flinn Fagg
Subject: FW: Support of city ordinance update

From: Khaled Darweesh <[email protected]>
Sent: Wednesday, December 21, 2022 1:25 PM
To: [email protected]; Glenn Mlaker <[email protected]> Subject: Re: Support of city ordinance update

NOTICE: This message originated outside of The City of Palm Springs ‐‐ DO NOT CLICK on links or open attachments unless you are sure the content is safe.

On Wed, Dec 21, 2022 at 11:25 AM Khaled Darweesh <[email protected]> wrote:

Dear Flinn Faqq,

My name is Khaled Darweesh and I am writing you this email in support of the new proposed ordinance update regarding adult oriented businesses. For a year or so now, my business partner and I have been trying to find the perfect place for an adult cabaret in the city of Palm Springs. And we couldn't be happier when we heard that the city is considering an ordinance update regarding this specific type of business, and that's because it's been extremely difficult to find a place that's good enough for what we want to do. As you may know already, the zoning for such business is very limited and current zoning areas are almost fully occupied and our options are very limited.

The proposed expansion of zoning districts to C‐2, HC, and C‐1 are significantly important to us. We fully support the implementation of a CUP regarding some of those zones due to them being in busier areas surrounded by other types of businesses, and we would fully abide by it.

Our goal for this business is to create an upscale and high‐end adult cabaret that attracts clients for the entertainment rather than the sexual nature of the business. And we can do that better and more upscaled if we are in the right area rather than in an industrial closed off zone. My partner has extensive bar ownership experience and I have worked for my family's adult cabaret in Cathedral City for almost 7 years and so the both of us, with our experience, want to create a modernized, clean, and safe night club (adult cabaret) and we can only do that with your support and help.

If possible, it would be great to meet with you in person to hear your thoughts and any advice you can give us or direction towards the right place. My contact info incase you'd like to call me should be at the bottom of the email but just in‐case it doesn't show, my phone number is 760‐423‐8407.

I will be waiting to hear from you,

Thank you
Khaled

Khaled Darweesh
Sales Associate
Thunderbird Realty Company
71- 330 Hwy 111
Rancho Mirage, CA 92270
Item 3E - Page 54
2 760- 423-8407
Lic#02127259
www.thunderbirdrealty.com

Item 3E - Page 55