OWNER FORUM
It was stated that the Historic Designation looks positive. A comment was made about the east side planters and an owner requested some replacement plants.
PRESIDENT’S REPORT
President Ary reported that there have been issues with Palm Springs Disposal and their leaking vehicles. Some leaks they will address and others they won’t. The Association will soon be receiving containers for organic waste, which includes food waste. One architectural application for window replacement was submitted since the last meeting. One of the mirrors is being replaced and F & F Construction is working with the City to obtain the permit for the clubhouse slider and windows. He also mentioned that an irrigation leak was repaired in front of 455.
APPROVAL OF MINUTES
A motion was made by Greg McGann to approve the minutes from the January 15, 2022 meeting. The motion was seconded by Philip Parks and carried.
FINANCIAL REPORT
Management provided the financial report for the period ended December 31, 2021 (unaudited). It was noted that the Association had a positive variance to budget in the amount of $2,333 at the end of December and the reserve balance at that time was $153,008. A motion was made by Philip Parks to accept the financial statement as presented. The motion was seconded by Greg McGann and carried.
COMMITTEE REPORTS
Security Committee
Chair John Klingenmeier stated that the Association has asked to join Canyon Corridor Neighborhood Watch. He has not yet heard back, but there is a meeting in March that, hopefully, the Association will be able to attend. The gardener’s shed facing Palo Fierro needs to be secured more and three bids have been obtained. Electricity is also needed.
Social Committee
Dan Ary stated that the card club is playing poker in the clubhouse. Kathy Macari is responsible for the clubhouse rental.
ACTION ITEMS
Inspector of Elections
Day Ary stated that Mark Bourque has volunteered to act as Inspector of Elections for the upcoming Annual Meeting of Members. A motion was made by Greg McGann to appoint Mark Bourque as Inspector of Elections. The motion was seconded by Philip Parks and carried.
Annual Meeting Date
The Annual Meeting of Members will be held on May 7, 2022, at 10:00 A.M.
Rafter Repairs
The Association received a proposal in the amount of $745.55 to repair the rafters on the back patio at 459. Dan Ary stated that Management should be contacted if rafter deterioration is noticed.
Item 2A - Page 170
ATTACHMENT D
Item 2A - Page 171
Item 2A - Page 172
DATE:
HISTORIC
SITE
PRESERVATION
BOARD
STAFF
REPORT
JUNE
7,
2022,
PUBLIC
HEARING
SUBJECT:
AN
APPLICATION
BY
THE
VILLA
ROMA
HOMEOWNERS
F:ROM:
ASSOCIATION,
FOR
HISTORIC
DISTRICT
DESIGNATION
OF
"THE
VILLA
ROMA
GARDEN
HOMES"
LOCATED
AT
2500
SOUTH
SIERRA
MADRE
DRIVE,
(MASTER
APN
#512-120-070),
CASE
HSPB
#140
(KL).
Department
of
Planning
Services SUMMARY
A
group
of
property
owners
are
seeking
historic
district
designation
for
a
residential
condominium
complex
known
as
"Villa
Roma"
built
in
1964.
If designated
as
a
historic
district
the
properties
therein
would
be
subject
to
the
regulations
outlined
in
Section
8.05 of
the
Palm
Springs
Municipal
Code.
RECOMMENDATION:
1. Open
the
public
hearing
and
receive
public
testimony.
2. Close
the
public
hearing
and
adopt
Resolution
HSPB
#140,
"A
RESOLUTION
OF
THE
HISTORIC
SITE
PRESERVATION
BOARD
OF
THE
CITY
OF
PALM
SPRINGS,
CALIFORNIA,
FINDING
THAT
THE
PROPOSED
VILLA
ROMA
GARDEN
HOMES
DISTRICT
LOCATED
AT
2500
SOUTH
SIERRA
MADRE
DRIVE
DOES
NOT
MEET
THE
ELIGIBILITY
REQUIREMENTS
NECESSARY
FOR
HISTORIC
DESIGNATION."
BACKGROUND
AND
SETTING:
Related
Relevant
Ci
Actions
b
HSPB,
Plannin
, Fire,
Bui/din
, etc
...
October
2,
2021
Three
Community
meetings
conducted
remotely
via
Zoom
with
December
4,
2021
property
owners
within
the
proposed
HD
and
City
Staff
pursuant
Februa
5,
2022
PSMC
8.05.090
B,
1 .
A
historic
resources
report
prepared
by
the
Palm
Springs
Preservation Foundation
("PSPF")
dated
August
2021
(''the
report")
and
site
visits
are
the
basis
of
this
staff
report.
Item 2A - Page 173
Historic
Site
Preservation
Board
Staff
Report:
HSPB-140
-
Villa
Roma
Historic
District
Application
Page
2 of
17 June
7,
2022
Villa
Roma
is
a
69-unit
condominium
complex
located
on
5.09 1
acres
at
the
southeast
corner
of
South
Sierra
Madre
and
East
Avenida
Granada.
It was
developed
in
1964.
The
complex
was
developed
by
Orange
County
developer
Dominick
Sfregola
and
designed
by
architect
James
K.
Schuler.
The
proposed
district
is
in
the
R-2
zone
and
the
medium
density
residential
land
use
designation
of
the
City's
General
Plan,
which
permits
density
up
to
15 dwelling
units
per
acre
(du/ac).
Villa
Roma's
density
is
14 du/ac.
Proposed
District
Boundaries.
The
report
does
not identify
the
boundaries
of
the
proposed
historic
district
but
notes
on
page
1 O
that
the
Villa
Roma
complex
is
comprised
of
3.92 acres
bounded
by
Avenida
Granada
on
the
north,
Sierra
Madre
Drive
on
the
west
and
property
lines
along
the
east
and
south
that
comprise
the
limits
of
the
original
development.
Thus
staff
would
assert
that
these
would
be
the
boundaries
of
a
proposed
Villa
Roma
historic
district.
BELOW
AN
AERIAL
VIEW
OF
THE
PROPOSED
HISTORIC
DISTRICT.
1 According
to
the
County
database.
The
report
notes
the
proposed
district
is
3.92 acres.
Item 2A - Page 174
Historic
Site
Preservation
Board
Staff
Report:
HSPB-140
-
Villa
Roma
Historic
District
Application
Page
3 of
17 June
7,
2022
List
of
potentially
contributing
resources.
APN's,
addresses
and
ownership.
The
report
asserts
that
all
20 buildings
(19
residential
plus
the
clubhouse
building)
are
believed
to
be
contributing
to
the
historic
significance
of
the
proposed
district.
The
list
of
APN's,
addresses
and
ownership at
the
time
of
the
report
is
provided
in
the
report.
Period
of
Significance.
The
report
does
not
identify
a
period
of
significance
for
the
proposed
historic
district.
On
page
42 the
report
characterizes
the
context
of
the
proposed
historic
district
as
"The
Modern
Period
(1925
-
1960's)".
Staff
would
assert
a
more
specific
context
would
be
Post
World
War
II
(1945
-
1969)
as
identified
in
the
Citywide
Historic
Context
Statement report
prepared
by
Historic
Resources
Group dated
December
2018.
The
report
notes
that
the
entire
complex
was
constructed
at
one
time,
beginning
in
1963
and
completed
in
the
fall
of
1964.
Thus,
the
period
of
significance
could
be
proposed
to
be
1964-65.
Proposed
Historic
District
Design
Guidelines.
Historic
District
design
guidelines
are
required
to
include,
but
not
be
limited
to:
development
standards,
aesthetic
standards,
and
approval
criteria
in
preserving
the
character
of
the
district
and
contributing
structures
therein. The
application
materials
include
a
document
titled
"Villa
Roma
Owners
Association
Architectural
Guidelines
(Rules
&
Regulations"
dated
October
2018)
which
has
been
submitted
presumably
as
the
proposed
historic
district
design
guidelines.
The
following
sections
of
the
guidelines
may
allow
modifications
to
the exterior
of
the
units
that
may
materially
impair
the
architectural
integrity
of
the
structures
in
the
proposed
district
and
warrant
revision:
•
Section
J-1
allows
for
surface
mounted
air
conditioning
lines,
conduit,
electrical
boxes
and
covers
as
long
as they
are
painted
the
building
color.
This
may
lead
to
excessive
extraneous
surface
mounted
clutter.
•
Section
J ,5
of
the
guidelines
allows
for
replacement
of
patio
door
frames
to
be
either
white
or
brushed
aluminum
in
color.
This
results
in
disparate
frame
colors
throughout
the
complex
which
do
not
reflect
the
original
window
frame
color.
•
Section
J,8
allows
for
gutters
and downspouts
to
be
installed
"with
(HOA)
board
approval",
which
again
could
lead
to
excessive
extraneous
surface
mounted
clutter.
•
Section
J,9
allows
for
existing
exterior
light
fixtures
to
be
replaced
with
fixtures
that
"should
be
compatible
with
the
architectural
design
of
the
unit."
This
provides
no
guidance
in
terms
of
historically
appropriate
fixtures.
•
Section
J,
11 allows
for
roll-up
shades
and
awnings
on
individual
unit
patios.
Again
potentially
impairing
the
historic
integrity
of
various
units.
•
Section
J,
13 allows
the
installation
of
satellite
equipment
and
antennas
with
Item 2A - Page 175
Historic
Site
Preservation
Board
Staff
Report:
HSPB-140
-
Villa
Roma
Historic
District
Application
Page
4 of
17 June
7,
2022
approval
of
the
HOA
Board
of
Directors.
This
raises
concerns
about
visual
clutter,
again
diminishing
the
integrity
of
the
properties
in
the
proposed
district.
•
Section
J,
17 allows
replacement
windows
with
frames
of
aluminum,
vinyl
or
fiberglass
in
colors
of
white
or
brushed
aluminum.
Again,
disparate
frame
materials
and
colors
may
not
reflect
the
original
window
frame
color
or
the
original
sliding
window
style.
The
application
also
includes
in
Appendix
"V"
the
"Villa Roma
Historic
Preservation
Program".
It
is
noted
that
this
document
is
intended
to
help
guide
future
improvements.
If
recommended
for
designation,
it
is
recommended
as
a
condition
of
approval
that
the
proposed
design
guidelines
be
amended
to
include
reference
to
the
City's
Historic
Preservation
ordinance
regarding
Certificate
of
Appropriateness
application
processing,
to
incorporate
the
preservation
plan
items
in
appendix
"V"
and
that
the
HSPB require
the
guidelines
to
be
further
revised
given
the
concerns
listed
above.
Property
Owner
Support.
The
application
includes
letters
of
support
for
the
creation
of
the
proposed
historic
district
from
56 of
the
69 property
owners
which
meets
the
Historic
Preservation
ordinance
requirement
that
no
less
than
51 %
of
property
owners support
the
proposed
district
designation.
Character-defining
features.
The
report
provides
two
lists
of
character-defining
features
of
the
proposed
historic
district,
one
on
page
19 and
another
on
page
41. Although
the
report
does
not
list
it
in
the
bibliography,
the
list
on
page
19 is
a
nearly
direct
quotation
from
pages
3 and
4 of
a
report
titled
"Historic
Context
Statement
on
Garden
Apartments
of
Los
Angeles",
produced
in
2012
by
the
firm
Architectural
Resources
Group
for
the
Los
Angeles
Conservancy.
The
report
should
be
identifying
the
specific
character-defining
features
of
Villa
Roma
not
of a
generic
development
typology.
Character-defining
features
from
page
19 of
the
report:
•
Three
acres
in
size
or
greater.
•
Low-slung
buildings,
rarely
exceeding
two
stories
in
height.
•
Elimination
of
common
interior
corridors.
•
Repetition
of
nearly
identical
building
models
throughout
the
plan.
•
Primary
building
entrances
face
common
courtyards
rather
than
the
street.
•
Parking
at
the
perimeter
of
the
site
plan.
•
One
or
more
large
open
spaces,
or
greens,
located
at
the
interior
of
the
site
plan,
around
which
buildings
are
arranged.
•
Recreational
amenities
planned
to
help
foster
gathering
and
a
sense
of
community.
•
Variety
of
landscape
(low
shrubs)
used
to
delineate
outdoor
"rooms".
Additionally
the
following
features
are
listed
on
page
41 of
the
report
under
the
heading
"Character-defining
features
of
Villa
Roma":
Item 2A - Page 176
Historic
Site
Preservation
Board
Staff
Report:
HSPB-140
-
Villa
Roma
Historic
District
Application
Page
5 of
17 Contributing
Elements:
June
7,
2022
•
Classic
midcentury
modern
design
emphasizing
horizontal
massing,
flat
rooflines,
overhanging
eaves,
minimal
exterior
detailing,
cost-efficient
construction
materials
including
concrete
block
(e.g.
split
face
block,
slumpstone
and
screen
block),
aluminum
and
glass.
·
•
19 residential
buildings
composed
of
2,
3,
and
4 dwelling
units
per
building.
•
Original
Roman-themed
architectural
elements,
most
notably
a
''Temple
of
Venus",
ringed
by
ionic
columns
and
surmounted
by
a
circular
roof
pierced
by
a
large
oculus
and
fronted
by
a
semi-circular
reflecting
pool
with
fountains
(Excluding
the
2013
replacement
Venus
statue).
•
Temple
"ruins"
with
ionic
columns
located
at
the
northeast
and
southwest
portion
of
the
Temple
of
Venus
lawn
area.
•
Original
statuary
(at
swimming
pool
and
in
front
of
447
Avenida
Granada).
•
Original
benches.
•
Original
planters.
•
Original
monument
sign
(not
including
the
plastic
signage).
•
Club
house
and
club
house
colonnade.
•
Original
swimming
pool
and
spa.
•
Extensive
garden
spaces
and
pathways
including
mature
olive
and
palm
trees
and
original
hedging.
•
Carports.
•
Elevated
rooflines
above
recessed
entries,
double-paneled
slab
doors,
and
clerestory
windows.
Non-contributing
Elements:
•
Pool
fencing.
•
Desert landscaping.
•
Glass
block
windows
(on
6 of
the
69 units).
•
Steel
security
doors.
•
Non-original
entry
light
fixtures.
Lost
Elements: •
Shuffleboard
Court.
•
Putting
Green.
Staff
notes
that
several
units
have
corrugated
fiberglass
panels
and
other
materials
mounted
over
the
rear
patios
that
do
not
appear
to
be
original.
Unit
445
has
a
utility
closet
added
to
the
back
patio
that
is
not
original
(per
Planning
Case
number
3.1982).
Solar
panels
and
related
concealment
screens
on
any
of
the
units
would
also
be
deemed
"non
contributing"
elements
as
is
the
ground
mounted
pool
equipment
and
equipment
enclosure. Although
the
report
on
page
16 suggests
the
architect
(Schuler)
" ...
avoided
the
feel
of
Item 2A - Page 177
Historic
Site
Preservation
Board
Staff
Report:
HSPB-140
-
Villa
Roma
Historic
District
Application
Page
6 of
17 June
7,
2022
uniformity
...
" staff's
impression
of
the
complex
is
of
visual
repetitiveness
and
units
that
are
virtually
indistinguishable
from
one
another.
The
report
also
asserts
that
Villa
Roma
is
a fine
example
of
the
garden
apartment
building
type,
however
staff
finds
the
lack
of
general
open
space,
tightly-packed
buildings
with
carports
and
drive
aisles
in
between
and
narrow
corridors
of
open
space
with
sparse
landscape
do
not
exemplify
the
garden
apartment
type
of
site
planning
which
typically
features
expansive
amounts
of
grassy
open
space,
playgrounds,
relatively
low
density
and
parking
on
the
perimeter
of
the
complex.
Staff
observed that
parking
areas
are
often
placed
between
groups
of
units,
not
on
the
perimeter.
BELOW
AERIAL
PHOTO
-VILLA
ROMA
HAS
VIRTUALLY
NO
GARDEN-LIKE
OPEN
SPACE.
THE
SITE
IS
DOMINATED
BY
DRIVE
AISLES,
BUILDINGS
&
CARPORTS
AND NARROW
CORRIDORS
OF
OPEN
SPACE.
A
typical
feature
of
garden
apartment
complexes
is
the
arrangement
of
parking
lots
at
the
perimeter.
At
Villa
Roma
parking
"alleys"
with
carports
sited
tightly
against
small
outdoor
patios
bring
the
parking
into
the
site
and
are
not
consi~tent
with
the
open,
park-like
setting
typical
of
garden
apartment
complexes.
Item 2A - Page 178
Historic
Site
Preservation
Board
Staff
Report:
HSPB-140
-
Villa
Roma
Historic
District
Application
Page
7 of
17 June
7,
2022
Furthermore,
other
than
the
open
space
at
the
northwest
corner of
the
complex,
the
narrowness
of
many
of
the
outdoor
spaces
provide
for
little
more
than
sidewalks
and
narrow
strips
of
desertscape.
Circuitous
walkways
in
narrow
strips
of
open
space
and
repetitive
architecture
makes
it difficult
to
find
one's
way
around
the
complex.
STREET
VIEW
OF
THE
CORNER
OF
SIERRA
MADRE
AND
AVENIDA
GRANADA
-THE
ONLY
SIGNIFICANT
OPEN
SPACE
WITHIN
THE
PROPOSED
DISTRICT
BOUNDARIES.
Item 2A - Page 179
Historic
Site
Preservation
Board
Staff
Report:
HSPB-140
-
Villa
Roma
Historic
District
Application
Page
8 of
17 June
7,
2022
In
observing
the
structures
in
the
proposed
district,
although
all
the buildings
are
designed
in
the
same
boxy
style
with
a
scattering
of
kitschy
Roman
details,
one
immediately
notices
the
many
disparate
styles,
colors,
materials
and
mullion
patterns
in
the
windows.
There
are
also
a
number
of
different
masonry
patio
enclosures
including
several areas
with
split
face
concrete
block
that
does
not
appear
to
be
from
the
period
of
significance,
although
no
building
permit
history
on
these
walls
was
provided
in
the
application.
Historic
District
Application
Requirements:
Requirement:
Response
Complete?
Application
made
by
authorized
Aug
30,
2021
letter
from
VA
Yes
representative
of
the
district
under
Owners
Association
consideration Pre-application
conference
with
HPO
(Lyon)
met
with
Steven
Yes
HPO
prior
to
submittal
Vaught
author
of
the
HAR
in
December
2020
Provide
list
of
all
persons
with
an
See
HAR
page
52. Yes
ownership
interest
in
the
proposed
district City
Application
Complete
See
HAR
page
7. Yes
Map
of
proposed
district
See
Map
page
51 of
HAR
Yes,
boundaries
boundaries
identifying
all
and
list
of
contributing
implied.
potentially
contributing
resources resources
on
page
41 Photos
of
all
sites
within
the
See
attachments
Yes.
proposed
district
boundaries
Item 2A - Page 180
Historic
Site
Preservation
Board
Staff
Report:
HSPB-140
-
Villa
Roma
Historic
District
Application
Page
9 of
17 Info
about
the
architect
I developer
See
HRR
/ builder
of
potentially contributing
resources Dates
I Methods
of
construction
as
See
HRR
applicable Identify
Period
of
Significance
No
response;
staff
report
provides
suggested
Period
List
character
defining
features,
See
HRR
landscape features,
architectural
stvle Information
sources
See
HRR
Evaluation
of
each
potentially
HRR
does
not
evaluate
contributing
resource
relative
to
individual
resources;
findings
in
8.05.090
(C)
provides
blanket
analysis
of
all
buildings.
Proposed
HD
design
guidelines
HOA
Architectural
(Development
standards,
aesthetic
Guidelines
provided
standards,
approval
criteria
necessary
to
preserve
character
of
district
and
contributing
resources
Letters/forms
showing
at
least
51 %
Signatures
provided.
approval
by
property
owners
Three
neighborhood
outreach
Yes,
via
zoom,
meetings
with
HPO
Oct
2,
2021,
Dec
4,
2021,
Feb
5,
2021
Contributing
resources
shall
be
Since
the
HRR
asserts
that
evaluated
for
eligibility
and
integrity
all
buildings
are
contributing,
under
PSMC
8.05.090
(C)
the
analysis
has
been
made
generally
for
all
bldgs.
in
the
proposed
HD.
ANALYSIS:
June
7,
2022
Yes. Yes No. Yes Yes No
Not
adequate.
See
analysis
in
staff
report
and
recommendation for
further
requirements. Yes,
see
attachments. Yes,
see
attachment
for
list
of
participants
at
each
meetino.
Historic
Preservation
activities
in
Palm
Springs
are
regulated
under
Municipal
Code
Section
8.05 ("Historic
Preservation').
The
purpose
of
the
Historic
Preservation
Ordinance
is:
" ...
to
stabilize
and
improve
buildings,
structures
or
areas
which
are
considered
to
be
of
historical,
architectural,
archaeological
or
ecological
value,
to
foster
civic
beauty,
to
strengthen
the
local
economy
and
to
promote
the
use
of
historic
resources
for
the
education
and
welfare
of
the
citizens."
Item 2A - Page 181
Historic
Site
Preservation
Board
Staff
Report:
HSPB-140
-
Villa
Roma
Historic
District
Application
Page
10 of
17 Standard
Conditions
that
apply
to
Historic
Resources
The
following
shall
apply
to
a
Class
1 or
2 Historic
Site
or
Resource:
June
7,
2022
1 .
It
shall
meet
the
definition
of
a
Historic
District
as
outlined
in
Municipal
Code
Section
8.05.020
including
the
findings
outlined
in
Section
8.05.090
(C).
2. An
archival
file
shall
be
maintained
on
the
property
by
the
City.
3. It
may
be
qualified
as
'historic'
at
the federal,
state,
and/or
county
level.
4. A
marker
explaining
the
historic
nature
of
the
district
may
be
installed
at
the
site
in
a
location
viewable
from
the
public
way.
5. Compliance
with
all
rules
and
regulations
for
Historic
Resources
and
Historic
Districts
under
Chapter
8.05 of
the
Municipal
Code.
6. If
designated,
the
findings
in
support
of
designation
shall
be
stated
in
a
resolution
of
the
City
Council
that
shall
be
recorded
with
the
County
Recorders'
office
within
90 days
of
the
effective
date
of
the
Council's
resolution.
Evaluation
of
the
Application.
Pursuant
to
Municipal
Code
Section
8.05.090
(C),"
In
considering
an
application
for
designation
of
a
historic
district,
the
HSPB
and
City
Council
shall
evaluate
the
application
and
make
findings
for
conformance
with
the
following
criteria
and
a
district
may
be
designated
provided
the
following
findings
are
met"
PSMC
8.05.090
(C,
1)
Analysis
of
Eligibility:
The
proposed
district
and
the
contributing
resources
located
therein
exhibit
exceptional
historic
significance
and
meet
one
or
more
of
the
criteria
listed
below:
The
report
asserts
that
Villa
Roma
is
an
exceptional
example
of
midcentury
design
for
which
Palm
Springs
has
become
widely
known,
to
which
staff
takes
exception.
Its
kitschy
Roman
motif
is
quirky
and
unique
but
does
not
exhibit
exceptional
historic
significance
nor
exemplify.
(Criterion
i)
The
resource
is
associated
with
events
that
have
made
a
meaningful
contribution
to
the
nation,
state
or
community;
The
report
does
not identify
any
events
associated
with
the
proposed
district;
thus
it does
not
qualify
under
Criterion
"i".
(Criterion
ii)
The
resource
is
associated
with
the
lives
of
persons
who
made
a
meaningful
contribution
to
national,
state
or
local
history;
The
report
does
not identify
any
persons
associated
with
the
district;
thus
it
does
not
qualify
as
a
historic
resource
under
Criterion
"ii".
(Criterion
iii)
The
resource
reflects
or
exemplifies
a
particular
period
of
national,
state
or
local
history;
On
page
43 the
report
evaluates
the
proposed
district
for
eligibility
under
Criterion
3. It
Item 2A - Page 182
Historic
Site
Preservation
Board
Staff
Report:
HSPB-140
-
Villa
Roma
Historic
District
Application
Page
11 of
17 June
7,
2022
asserts
that
the
Villa
Roma complex
exemplifies
the
post-World
War
11 Modern
period
of
development
in
Palm
Springs
(1945
-
1969).
The
report
asserts
that
Villa
Roma
is
a
prime
and
largely
intact
example
of
a
particular
building
type
and
the
significant
modernist
architecture
for
which
Palm
Springs
is
widely
known.
Staff
would
assert
that
Villa
Roma
is
not
a
noteworthy
example
of
the
garden
apartment
typology
because
it lacks
many
key
characteristics
of
garden
apartments,
namely
large
expanses
of
open
space,
relatively
low-density,
and
perimeter
parking.
The
architecture
of
the
buildings
at
Villa
Roma
is
plain,
utilitarian
and
undistinguished;
and
not
a
noteworthy
example
of
Modernist
or
"Desert
Modern"
architecture
from
the
mid-twentieth
century
for
which
Palm
Springs
has
become
internationally
known.
Desert
Modern,
which
is
characterized
by
an
expansive
use
of
glass
and
sliding
doors
that
blur
the
line
between
indoors
and
outdoors,
is
not
exhibited
at
Villa
Roma,
nor
are
there
deep
generous
cantilevered
eaves
to
protect
the
glazing
from
the
intense
desert
sun
which
is
also
a
common design
detail.
Desert
Modern
is
also
characterized
by
the
use
of
common
materials
such
as
corrugated
metal
panels
and
exposed
masonry
units,
thin
fascias
that
stress
the
horizontality
of
the
buildings,
and
architectural
screens
or
"bris
soliel"
panels
over
windows
that
allow
ventilation
while
screening
the
sun
and creating
privacy.
These
key
components
of
Desert
Modernism
are
not
present
at
Villa
Roma.
The
Villa
Roma
complex
is
comprised
of
undistinguished,
boxy,
repetitive
architecture
in
a
tightly
packed
site
plan
with
conventional
windows,
and
virtually
no
solar
control
on
the
buildings.
Its
Roman
statuary,
benches,
planters
and
ionic
columns
are
kitschy
but
not
architecturally
or
historically
significant.
As
such
staff
would
assert
that
the
complex
does
not
qualify
as
a
historic
district
under
Criterion
"iii".
(Criterion
iv)
The
resource
embodies
the
distinctive
characteristics
of
a
type,
period
or
method
of
construction;
The
report
asserts
on
page
43 that
the
buildings
at
Villa
Roma
are
historically
significant
because
they
embody
distinctive
construction
characteristics
and
represent
" ...
a
fine
example
of
the
garden
apartment
type
of
multi-family
dwelling
.. ".
Staff
would
assert
however,
that
the
buildings
in
the
proposed
district
are merely
of
conventional
wood
frame
and
stucco
and
do
not
embody
distinctive
or
noteworthy
construction
characteristics.
The
closely-packed
buildings
at
Villa
Roma
exist
in
stark
contrast
to
images
of
garden
apartments
found
in
the
Historic
Context
Statement
report
titled
"Garden
Apartments
of
Los
Angeles"
authored
by
Architectural
Resources
Group
for
the
LA
Conservancy.
That
report
shows
images
(see
below)
of
noteworthy
examples
of
garden
apartments
from
the
mid-twentieth
period
with
vast
expanses
of
open
space
in
relative
low-density
developments.
Item 2A - Page 183
Historic
Site
Preservation
Board
Staff
Report:
HSPB-140
-
Villa
Roma
Historic
District
Application
Page
12 of
17 June
7,
2022
The
boxy buildings
at
Villa
Roma
are
constructed
of
standard
dimension
lumber
typically
found
in
residential
construction
throughout
the
United
States
during
the
twentieth
(and
twenty-first
century).
The
quality
of
the
construction
is
also
rather
unimpressive
with
wide,
flat
metal
roof
flashings
that
do
not
align
well
with
the
wall
surfaces.
The
discussion
in
the
report
about
the
buildings
reflecting
the
Modernist
period
in
architectural
development
was
evaluated
in
terms
of
being
reflective
of
a particular
period
(Criterion
iii),
not
Criterion
iv.
Staff
would
assert
that
the
buildings
in
the
proposed
district
are
of
conventional
frame
and
stucco
construction
and
are
not
historically
significant
because
of
their
construction
characteristics.
(Criterion
v)
The
resource
presents
the
work
of
a
master
builder,
designer,
artist,
or
architect
whose
individual
genius
influenced
his
age,
or
that
possesses
high
artistic
value;
The
report
on
page
44 evaluates
the
historic
significance
of
the
proposed
district
in
terms
of
the
architect
James
K.
Schuler,
who
is
credited
with
its
design.
Although
the
report
notes
that
Schuler
was
prolific
in
terms
of
the
quantity
of
residential
dwellings
that
were
built,
it fails
to
make
the
case
that
Schuler
achieved
significance
as
a
"master''
architect.
Furthermore,
to
qualify
under
Criterion
''v",
it
must
be
demonstrated
that
the
architect's
"individual
genius
influenced
his
age".
Schuler
appears
to
be
credited
with
the
design
for
thousands
of
conventional
tract
homes,
especially
in
Hawaii,
but
the
report
does
not
provide
evidence
that
his
design
talent
was
that
of
a
master
architect
nor
that
his
talent
influenced
others
in
the
profession
of
architecture
or
in
the
field
of
residential
construction.
Item 2A - Page 184
Historic
Site
Preservation
Board
Staff
Report:
HSPB-140
-
Villa
Roma
Historic
District
Application
Page
13 of
17 June
7,
2022
Staff
would also
assert
for
the
reasons
mentioned
earlier
in
this
report
that
the
rather
plain
boxy
buildings
in
the
proposed
historic
district
do
not
possess
high
artistic
value.
As
such
the
proposed
complex
does
not
qualify
as
a
historic
district
under
Criterion
''v"
(Criterion
vi)
The
resource
represents
a
significant
and
distinguishable
entity
whose
components
may
lack
individual
distinction,
as
used
in
evaluating
applications
for
designation
of
historic
districts,
for
parcels
on
which
more
than
one
entity
exists;
or
The
report
does
not
assert
that
the
complex qualifies
under
Criterion
vi.
(Criterion
vii)
The
resource
has
yielded
or
may
be
likely
to
yield
information
important
to
national,
state
or
local history
or
prehistory.
No
information
has
been
provided
in
the
historic
resources
report
on
any
pre-historic
significance
of
the
site.
PSMC
8.095.090
(C.2)
Analysis
of
Integrity.
The
site,
structure,
building
or
object
retains
one
or
more
of
the
following
aspects
of
integrity,
as
established
in
the
Secretary
of
the
Interior's
Standards:
integrity
of
design,
materials,
workmanship,
location,
setting,
feeling,
or
association.
The
application
concludes
that
the
site
retains
a
high
degree
of
integrity
and
is
further
analyzed
below:
1. Location:
The
buildings
at
Villa
Roma
remain
in
their
original
locations.
2. Design:
The
design
integrity
of
many
of
the
structures
at
Villa
Roma
suffers
from
a
wide
assortment
of
replacement
windows,
doors,
and
surface
mounted
conduit,
security
gates,
corrugated
plastic
patio
covers,
and
non-original
gutters
and
downspouts,
door
hardware,
and
exterior
light
fixtures.
As
such
the
uniform
design
character
of
the
dwellings
has
been
diminished.
3. Setting:
The
Villa
Roma
complex
is
located
in
a
fully
developed
part
of
the
City
surrounded
by
other
fairly
dense
multi-family
residential
developments
in
close
proximity
to
the
San
Jacinto
mountains.
The
southern
part
of
the
City
in
which
Villa
Roma
is
located,
which
was
still
relatively
open
and
undeveloped
in
the
early
1960's,
is
now
mostly
built
out,
leaving
little
of
the
open
setting
in
which
Villa
Roma
was
built.
Item 2A - Page 185
Historic
Site
Preservation
Board
Staff
Report:
HSPB-140
-
Villa
Roma
Historic
District
Application
Page
14 of
17 4.
Materials:
June
7,
2022
The
structures
at
Villa
Roma
were
built
using
conventional
frame
and
stucco
materials
which
are
still
evident
today.
5. Workmanship:
The
workmanship
of
the
structures
at
Villa
Roma
is
of
average
quality
typically
found
in
similar
multi-family
developments
from
the
1960's.
Workmanship
appears
somewhat
poor
in
the
irregular
alignment
and
finish
of
roof
flashing,
flashing
at
chimneys,
and
the
intersection
of
varying
materials
and
textures
at
corners
and
intersecting
planes
that
are
not
particularly
well-detailed.
BLOCKY
METAL
FASCIAS,
NOT
ALIGNED
WELL
WITH
THE
WALLS;
ROOF
FLASHING
NOT
LEVEL
AND
ALIGNED,
Item 2A - Page 186
Historic
Site
Preservation
Board
Staff
Report:
HSPB-140
-
Villa
Roma
Historic
District
Application
Page
15 of
17 June
7,
2022
DISPARATE
FLASHING,
NOT
ALIGNED
WITH
WALL
BELOW,
SURFACE-MOUNTED
CONDUIT,
MECHANICAL
SCREENS
ON
ROOF
THAT
DO
NOT
REFLECT
THE
ARCHITECTURE
OF
THE
BUILDING
-~-
---
POORLY
INSTALLED
FLASHING
AT
WALL,
CONDUIT
NOT
CONCEALED,
DISPARATE
EDGE
FLASHING
6. Feeling:
Much
of
the
original
turf
has
been
converted
to
open
desertscape
with
relatively
sparse
plantings.
The
complex
has
lost
its
feeling
of
simple
buildings
surrounded
by
panels
of
grass.
The
turf
conversion
has
left
the
outdoor
areas
of
the
complex
feeling
dry
and
barren.
7. Association:
The
proposed
historic
district
has
scattered
pre-cast
concrete
benches,
urns,
columns
and
statuary
in
a Roman-style
theme.
Several
key
statuary
were
lost
or
damaged
over
time
and
are
not
original.
Most
of
the
statuary
and
cast
concrete
elements
are
of
a
type
that
is
commercially
available
from
many
garden
or
landscape
stores
or
yards.
Item 2A - Page 187
Historic
Site
Preservation
Board
Staff
Report:
HSPB-140
-
Villa
Roma
Historic
District
Application
Page
16 of
17 June
7,
2022
In
conclusion,
the
proposed
historic
district
does
not
exhibit
a
high
degree
of
historic
integrity.
PSMC
8.05.090
(C,3):
Analysis
of
Contributing
and
Non-contributing
properties.
DEFINING
HISTORIC
CHARACTERISTICS
In
considering
a
recommendation
for
historic
resource
designation
it
is
important
to
distinguish
those
physical
elements
that
are
original
or
from
the
period
of
significance
that
contribute
to
the
resource's
historic
significance
from
alterations,
additions
or
features
that
were
added
at
a
later
time
that
may
be
sympathetic
to
the
original
character,
but
which
may
create
a
false
sense
of
historicity.
Distinguishing
original
character-defining
features
from
non-original
elements
aids
the
HSPB
when
it
is
tasked
with
evaluating
future
alterations
to
the
historic
resource.
As
noted
earlier,
the
report
lists
on
pages
19 and
41 those
elements
that
the
author
asserts
are
the
physical
character-defining
historic
features
and
resources
that
justify
the
creation
of
a
historic
district
encompassing
the
Villa
Roma
complex.
However
based
on
the
analysis
in
this
staff
report,
staff
does
not
believe
the
complex
meets
the
criteria,
nor
possesses characteristics
necessary
for
historic
district
designation.
If the
board
finds
to
the
contrary,
it would
need
to
identify
what
it believes
to
be
the
specific
character-defining
features
that
distinguish
this
as
a
historically
significant
collection
of
buildings.
ENVIRONMENTAL
ASSESSMENT
The
proposed
historic
district
designation
is
not
subject
to
the
California
Environmental
Quality
Act
(CEQA)
pursuant
to
Sections
15060(c)(2)
(the
activity
will
not
result
in
a
direct
or
reasonably
foreseeable
indirect
physical
change
in
the
environment)
and
15060(c)(3)
(the
activity
is
not
a
project
as
defined
in
Section
15378)
of
the
CEQA
Guidelines,
California
Code
of
Regulations,
Title
14,
Chapter
3,
because
it
has
no
potential
for
resulting
in
physical
changes
to
the
environment,
directly
or
indirectly.
NOTIFICATION Pursuant
to
section
8.05.140
of
the
Municipal
Code
of
Palm
Springs,
all
residents
within
five
hundred
(500)
feet
of
the
proposed
historic
district
boundaries
as
well
as
all
residents
within
the
proposed
historic
district
boundaries
have
been
notified
and
notice
was
published
in
a
newspaper
of
general
circulation.
CONCLUSION: Staff
was
unable
to
make
affirmative
findings
in
support
of
a
recommendation
for
historic
district
designation
of
the
Villa
Roma
condominium
complex
based
on
the
criteria
in
the
Item 2A - Page 188
Historic
Site
Preservation
Board
Staff
Report:
HSPB-140
-
Villa
Roma
Historic
District
Application
Page
17 of
17 June
7,
2022
City's
Historic
Preservation
ordinance
and
found
many
aspects
of
the
proposed
district
lacking
in
integrity.
Ken
Lyon,
RA,
Associate
Planner
Historic
Preservation
Officer
Attachments:
1. Vicinity
Map
2. Draft
Resolution
Assistant
Planning
Director
3. Application,
related
background
materials,
photos
(under
separate
cover).
EXCERPTS OF MINUTES
At the Historic Site Preservation Board meetings of the City of Palm Springs , held June 7, July 5, and September 6, 2022, the Historic Site Preservation Board took the following actions:
Minute Excerpt of HSPB meeting of June 7, 2022:
2.A. AN APPLICATION BY THE VILLA ROMA HOMEOWNERS ASSOCIATION, FOR HISTORIC DISTRICT DESIGNATION OF “THE VILLA ROMA GARDEN HOMES” LOCATED AT 2500 SOUTH SIERRA MADRE, (MASTER APN #512- 120-070), CASE HSPB #140 (KL).
Staff Member Lyon summarized the staff report. He reported that staff could not affirmatively make the findings in support of a recommendation for designation as a Historic District.
Discussion followed regarding the possibility of conditioning the designation on the Board studying the item further.
Staff Member Lyon stated it would not be appropriate to condition designation on further study but noted if the Board feels it need more information, it could continue the public hearing to a date certain.
Discussion followed regarding c oncerns with the historic design guidelines, contributing resources, analysis of all buildings, collectively and the possibility of analyzing individual buildings or features as a Historic District.
Chair Hough opened the public hearing.
Steve Vaught, A uthor of the Historic Resources report, speaking on behalf of the applicant, opined the designating criteria was applied a bit stringently by staff. He felt integrity issues are reversible and should not destroy the potential of the historical value of the complex. He noted the HOA is involved in the historic preservation of the complex and needs guidance; addressed the setting and feeling; mentioned the Garden City concept and believed the site is a perfect example of a Garden City; spoke about the different courts within the complex providing open space; reported the intent was to separate parking from pedestrian traffic; discussed use by the community of the open space in which the Temple of Venus is located. He commented on Villa Roma being a type of mid-century modern architecture; indicated Villa Roma is unique and significant and compared Villa Roma with Pompei de las Palmas which was designated as a Historic District several years ago.
Phillip Parks, Board Liaison, thanked Mr. Vaught, the Palm Springs Preservation Foundation, Eric Rosenow, Allen Hess and the community for their support.
Item 2A - Page 189
Excerpt of Minutes
HSPB meetings June 7, July 5 and September 6, 2022 Page 2 of 7
John Klingenmeier, HOA President, spoke about their love of the uniqueness of Villa Roma Garden homes; hoped the HSPB will consider both tangible and intangible aspects of the community; discussed amenities and recommended Historic District designation.
Dr. Sharon Siegel thanked Mr. Vaught for this support; reported she purchased her home at Villa Roma because of its historic feeling; spoke about contributing to the City’s history; spoke about architectural distinguishing features; discussed open spaces including the corner park and the community clubhouse; addressed existing statues as mid -century modern, the “garden feeling” and integrity and hoped the HSPB will recommend approval of the Historic District designation.
Dr. Jasmine Bnyamyn, Architectural historian and theorist and Ash Lettow, Architect, discussed the issue of integrity; noted the homes in the complex are not garden homes; reported they appreciated that the complex had come into the 21st century; commented on the desert landscaping as ecological awareness; spoke about the materials noting they were not meant to be high art and noted the rea son the project came to be was because the person who wanted it built was discriminated against and wanted a community where he would be welcomed. Mr. Lettow spoke about the relevance and experience of coming into the 21st century; noted it is an urban lan dscape and encouraged comparing the complex with the Cody Court in Rancho Mirage.
Gary Johns, Canyon View Estates, spoke in support of designating Villa Roma as a historic district; commented on its uniqueness and hoped the Board will recommend historic designation to City Council.
Marc Giroux, Villa Roma, spoke about the complex being charming and creating the Palm Springs vibe; believed making it a historic district will prevent further deterioration of the complex; believed it is short -sighted to sti ck strictly to the guidelines of what creates historic preservation; noted the importance of future preservation and hoped the HSPB will approve the historic district designation.
Ron Marshall, Palm Springs Preservation Foundation, spoke in support of des ignating Villa Roma as a historic district; referenced a letter by architectural historian Allen Hess in support of the item; discussed the complex as a sense of place and hoped the HSHB will approve the historic district designation.
Tom Glaser and Greg Leder, Villa Roma, spoke in support of designating Villa Roma as a historic district; discussed the garden concept; reported many bus tours stop by the complex as an example of modernism and hoped the HSPB will approve the historic district designation.
Gregory McGann and Jay Jastrzembsky, spoke in support of designating Villa Roma as a historic district and discussed the sense of community found in the complex.
Bill VanHemert spoke in support of designating Villa Roma as a historic district and spoke about changes in the landscape because of ecological and environmental reasons.
Item 2A - Page 190
Excerpt of Minutes
HSPB meetings June 7, July 5 and September 6, 2022 Page 3 of 7
Joseph Praner, architectural designer, Villa Roma resident, spoke about themed architecture; discussed the significance of the central pool; noted the architecture is unique and hoped the HSPB will approve the historic district designation.
James Perez spoke in support of designating Villa Roma as a historic district.
Pam Hannah, Villa Roma resident, spoke about the uniqueness of the complex; noted the changes in features made through the years are reversible and hoped the HSPB will approve the historic district designation.
K.A. Filio spoke in support of designating Villa Roma as a historic district.
Paul Ingold discussed his experience in Villa Roma and the unusual mid -century architecture of the complex and spoke in support of designating Villa Roma as a historic district.
Steve Eden, owner, referenced a letter he sent to the board and spoke in su pport of designating Villa Roma as a historic district.
Kyle Gunderson reported how he was drawn to Villa Roma and its unique 60’s Hollywood revival styling; discussed restoration of his unit and spoke in support of designating Villa Roma as a historic district.
Lisa Vicino addressed common areas and the garden feel of the homes and urged the Board to approve designation of the complex as a historic district.
There were no other public comments and Chair Hough closed the public hearing.
Chair Houg h expressed delight in hearing from members of the community and their sense of pride in Villa Roma; discussed features of the complex such as the club house and spoke about contributing elements such as statues, benches, urns and planters as props without artistic value.
Member Hansen thanked staff for their review of the nomination and Mr. Vaught for the report; discussed her experience in historic preservation and architecture; believed the historic resources report makes a compelling case for historic district designation; commented on the historic context of the development under Criterion 3 and the concept of multifamily dwellings as a trend in development in the 1960s; addressed the concept of garden apartments; agreed with Allen Hess regarding addit ional research that needs to be done and voiced her support for historic district designation.
Vice Chair Nelson commented on the number of public speakers regarding this item; spoke about the sense of community in the complex; noted his respect for staff’s opinion but felt the report was a little harsh; stated the complex looks better now than it has ever Item 2A - Page 191
Excerpt of Minutes
HSPB meetings June 7, July 5 and September 6, 2022 Page 4 of 7
looked, that the residents are trying and should receive credit for doing so and voiced his support for the nomination.
Member Miller agreed with Boar d colleagues; spoke about the uniqueness of the community and voiced his support for the nomination.
Staff Member Lyon noted the need for the board to make the criteria findings, affirmatively and spoke about the notion that there may be a different context relative to social history and community.
Member Hansen acknowledged references to the garden style but felt the historic context is more specific to Palm Springs and not a larger movement toward garden living; spoke about the significance of the patte rn of residential development in Palm Springs in the 1960’s and a shift from single -family residential to multi -family residential; noted the concept of social history She added that sometimes consideration must get away from the notion that it is all abo ut architecture; noted the complex was billed as something special in the City and opined there should be a deeper examination of these types of complexes from the 1960’s as a significant property type.
Staff Member Lyon spoke about the possibility of set ting precedent; mentioned the Disneyland factor and listed other complexes where there are kitschy applications of a theme.
Vice Chair Nelson spoke about Criterion 3 and 6 and noted the complex has become historic, as a construct, over time.
Staff Member Lyon spoke about specific features as contributing elements that may make the complex historically significant.
Chair Hough commented on the combination and weaving of the simple modern type of architecture and the Roman columns in the club house, its uniqueness and its sense of place.
Member Hansen reported Criterion 6 was intended to apply to historic districts a nd felt findings can be made for Criterion 3 and 6.
Staff Member Lyon stated that if it meets Criterion 6 and noted that if the Board recommends it as a historic district, it must identify the contributing features.
Member Hansen stated that cannot be done without understanding the context and felt she would need additional information to make a decision.
Staff Member Lyon recommended continuing the matter.
Vice Chair Nelson indicated that a continuance is unnecessary; suggested that Member Hansen and he work with Staff Member Lyon refining recommendations to City Council; Item 2A - Page 192
Excerpt of Minutes
HSPB meetings June 7, July 5 and September 6, 2022 Page 5 of 7
agreed that it meets Criterion 6 and felt focus should be on the complex, as a whole rather than on individual components.
Member Hansen reiterated Criterion 6 was intended to apply to Historic Districts and proposed findings can be made for Criterion 6 of the National Register and the City’s Criterion 3.
Staff Member Lyon recommended including a condition that the design standards be improved upon.
Motion by Hansen, seconded by N elson, to recommend Historic District designation to the City Council based on Criterion 3 and 6 and that design standards be improved upon. (Staff to return with a revised resolution reflecting the HSPB’s action at the July HSPB meeting.)
I, JOANNE BRUG GEMANS, Administrative Secretary for the City of Palm Springs, hereby certify that the above action was taken by Historic Site Preservation Board of the City of Palm Springs on the 7th day of June, 2022, by the following vote:
AYES: Hansen, Hough, Miller, Nelson
NOES: None
ABSENT: Kiser, Rose, Rosenow
ABSTAIN: None
Minute Excerpt from HSPB meeting of July 5, 2022:
3.A. AN APPLICATION BY THE VILLA ROMA HOMEOWNERS ASSOCIATION, FOR HISTORIC DISTRICT DESIGNATION OF “THE VILLA ROMA GARDEN HOMES” LOCATED AT 2500 SOUTH SIERRA MADRE, (MASTER APN #512- 120-070), CASE HSPB #140 (KL).
Staff Lyon summarized the board’s action is t o adopt an alternative resolution reflecting its findings and support of recommending designation of the Villa Roma Garden Homes by the City Council.
Member Kiser asked if historic districts carry the distinction of Class 1 or 2 (Lyon replied no.)
Member Hansen expressed that the draft resolution does not reflect her opinion on the case. The historic resource report and the City’s context statement are sufficient to make findings as a garden apartment complex. She opined the individual buildings do not need to be evaluated for conformance with the ordinance’s criteria. She stated all buildings, all carports, etc. contribute to the significance of the district.
Item 2A - Page 193
Excerpt of Minutes
HSPB meetings June 7, July 5 and September 6, 2022 Page 6 of 7
Vice-chair Nelson concurred with Member Hansen’s comments and that Villa Roma is significant as a garden apartment complex.
Staff Lyon stressed each element that the Board asserts is “contributing” must meet the criteria findings of significance.
Member Nelson asked why each building needs to be evaluated. (Lyon explained the new revised ordinance requires it.)
Staff Lyon shared proposed alternative criteria findings developed by Member Hansen.
Member Kiser expressed difficulty in taking action based on the information presented and discussed.
Chair Hough commented she could not support the Roman-themed statuary and objects as historic. (Member Hansen opined that the statuary doesn’t need to be found to be individually historically significant.)
Member Nelson discussed character-defining features and alterations that have occurred at Villa Roma noting he does not believe they are substantial enough to disqualify them from being deemed contributing.
Member Miller recommended that the thre e different entry rooflines be mentioned as character-defining.
Member Hansen suggested all structures in the proposed district be deemed “contributing”, clarifying that the replacement “Venus” would not.
Member Nelson suggested light sconce replacements should reflect the period. (Vaught noted the units that appear to have original light fixtures were identified in the report.)
Chair Hough asked who will be revising the design guidelines (Lyon explained the applicant would do so.)
Motion by Nelson seconded by Hansen, to reject the draft resolution developed by staff and to revise the findings and conditions on the draft resolution as discussed for approval at the next board meeting and forward the matter to the City Council with conditions.
I, JOANNE BRUGGEMANS , Administrative Secretary for the City of Palm Springs, hereby certify that the above action was taken by Historic Site Preservation Board of the City of Palm Springs on the 5th day of July, 2022, by the following vote:
AYES: Miller, Nelson, Hansen, Hough, Kiser.
NOES: None
ABSENT: Rose,
Item 2A - Page 194-
Excerpt of Minutes
HSPB meetings June 7, July 5 and September 6, 2022 Page 7 of 7
RECUSED: Rosenow.
Minute Excerpt of HSPB meeting of September 6, 2022:
3.A. AN APPLICATION BY THE VILLA ROMA HOMEOWNERS ASSOCIATION, FOR HISTORIC DISTRICT DESIGNATION OF “THE VILLA ROMA GARDEN HOMES” LOCATED AT 2500 SOUTH SIERRA MADRE, (MASTER APN #512- 120-070), CASE HSPB #140 (KL).
Staff Lyon summarized the board’s action is t o adopt an alternative resolution reflecting its findings and support of recommending designation of the Villa Roma Garden Homes by the City Council.
Vice-chair Nelson reminded staff that he asked for the few surviving light fixtures to be added to the list of contributing features.
Lyon asked the board to vote on adding the light fixtures and noted he would correct the resolution as noted.
AYES: Miller, Nelson, Hansen, Hough.
NOES: None.
ABSENT: None.
ABSTAIN: Rosenow.
Motion by Hansen, seconded by Nelson to adopt Resolution HSPB #140: “A
RESOLUTION OF THE HISTORIC SITE PRESERVATION BOARD OF THE CITY OF
PALM SPRINGS, CALIFORNIA, FINDING THAT THE VILLA ROMA GARDEN HOMES LOCATED AT 2500 SOUTH SIERRA MADRE DRIVE, (MASTER APN 512 -120-070)
QUALIFIES AS A HISTORIC DISTRICT AND RECOMMENDING THAT THE CITY COUNCIL DESIGNATE “THE VILLA ROMA GARDEN HOMES” AS HISTORIC DISTRICT HSPB #140 / HD-10 SUBJECT TO CONDITIONS.”
I, JOANNE BRUGGEMANS , Administrative Secretary for the City of Palm Springs, hereby certify that the above action was taken by Historic Site Preservation Board of the City of Palm Springs on the 6th day of September, 2022, by the following vote:
AYES: Miller, Nelson, Hansen, Hough.
NOES: None.
ABSENT: None.
ABSTAIN: Rosenow.
_________________________
Joanne Bruggemans
Adminstrative Secretary
Item 2A - Page 195
RESOLUTION NO. 140
A RESOLUTION OF THE HISTORIC SITE PRESERVATION
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDING
THAT THE VILLA ROMA GARDEN HOMES LOCATED AT 2500
SOUTH SIERRA MADRE DRIVE, (MASTER APN #512 -120-070)
QUALIFIES AS A HISTORIC DISTRICT AND RECOMMENDING
THAT THE CITY COUNCIL DESIGNATE “THE VILLA ROMA
GARDEN HOMES ” AS HISTORIC DISTRICT HSPB #140 / HD -10
SUBJECT TO CONDITIONS.
THE HISTORIC SITE PRESERVATION BOARD FINDS AND DETERMINES AS FOLLOWS:
A WHEREAS, Chapter 8.05 of the Palm Springs Municipal Code allows for the designation of historic sites and districts; and
B WHEREAS, on August 19, 2021, an application for historic district designation was submitted to the City by a group of property owners within the proposed Villa Roma Garden Homes Historic District. The application included a report (“the report”) dated August, 2021 that evaluated the area for eligibility relative to the City’s Historic Preservation Ordinance; and
C WHEREAS, on October 2, 2021, December 4, 2021, and February 5, 2022 the City’s Historic Preservation Officer (“HPO”) attended video -conference meetings with property owners within the proposed historic district as required by the City’s Historic Preservation Ordinance; and
D WHEREAS, in May 2022, members of the Historic Site Preservation Board (HSPB) and City staff conducted site inspections of the proposed historic district; and
E WHEREAS, on June 7, 2022, a noticed public hearing of the Palm Springs Historic Site Preservation Board to consider Case HSPB #140 was held in accordance with applicable law; and
F WHEREAS, at the said hearing, the HSPB carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report and all written and oral testimony.
THE HISTORIC SITE PRESERVATION BOARD OF THE CITY OF PALM SPRINGS RESOLVES:
SECTION 1: FINDINGS RELATIVE TO THE CRITERIA FOR THE DESIGNATION OF HISTORIC DISTRICTS.
Item 2A - Page 196
Resolution No. HSPB 140– Proposed Villa Roma Historic District
June 7, 2022
Evaluation of the Application. Pursuant to Municipal Code Section 8.05. 090 (C,1), the HSPB shall evaluate the application and make findings in conformance with the following criteria:
Criteria and Findings for Designation of Historic Districts. The proposed district and contributing resources located therein exhibit exceptional historic significance and meet one or more of the criteria listed below:
The Board found that the Villa Roma Garden Homes Historic District, as a whole, exhibits exceptional historic significance because it is reflective of the post-World War II shift in residential development patterns from single family houses to include multi-family housing and to embrace new and innovative form of multi -family property types. The Board also found that the historic district exemplifies the postwar garden apartment community type that today contributes to Palm Springs’ Mid-century Modern residential landscape. These findings are further discussed under the criteria below.
(Criterion “a”) The resource is associated with events that have made a meaningful contribution to the nation, state, or community;
The proposed area does not qualify as a historic district under Criterion “a”.
(Criterion “b”) The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history;
The proposed area does not qualify as a historic district under Criterion “b”.
(Criterion “c”) The resource reflects or exemplifies a particular period of national, state or local history;
The Board found that Villa Roma Garden Homes qualifies as a historic district based on Criterion “c” . In making its finding , t he Board determined that the histo ric district is significant within the theme, “Post-World War II Multi-Family Residential Development” in Palm Springs, as discussed in the citywide historic context statement. Villa Roma Garden Homes exemplifies new trends and patterns of multi-family development from the postwar period when prosperity brought a new group of upper middle and middle -class tourists, residents, and second-home owners to the city . This gradual democratization of Palm Springs would irrevocably change the city during the 1950 ’s and 60’s through the use of innovative and creative forms of multi -family residential development and ownership options.
The Bo ard further found that Villa Roma Garden Homes exemplifies the multi-family garden apartment community property type of the 1960s, and now regarded as ubiquitous to Palm Springs’ residential landscape. The type employed a Modern design aesthetic and sometimes incorporated historic architectural styles such as the Roman element s applied to Villa Roma Garden Homes. The garden apartment type of the 1960s features low-slung buildings and a site plan that incorporates separation of pedestrian and Item 2A - Page 197
Resolution No. HSPB 140– Proposed Villa Roma Historic District
June 7, 2022
vehicular traffic, no or few through streets, landscaped areas, and amenities such as pools, clubhouses, and gathering spaces deliberately designed to foster a unique sense of community and social interaction.
(Criterion “d”) The resource embodies the distinctive characteristics of a type, period, or method of construction;
The proposed area does not qualify as a historic district under Criterion “d”.
(Criterion “e”) The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value;
The proposed area does not qualify as a historic district under Criterion “e”.
(Criterion “f”) The reso urce represents a significant and distinguishable entity whose components may lack individual distinction , as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists; or
The Board found that Villa Roma Garden Homes qualifies as a historic district based on Criterion “f”. In making this finding, the Board noted that the historic district derives significance from being a unified entity comprised of a variety of contributing features and because it characterizes Midcentury Modern garden apartment communities of the post- War era in Palm Springs. The identity of the district results from the interrelationship of its contributing features that convey a visual sense of the overall historic environment and period of development.
Thus, the Board found that the development as a whole entity is significant, although the individual components lack distinction (i.e., exceptional historic significance”).
(Criterion “g”) The resource has yielded or may be likely to yield information important to national, state or local history or prehistory.
The proposed area does not qualify as a historic district under Criterion “g”.
SECTION 2 – LIST OF CONTRIBUTING AND NON -CONTRIBUTING RESOURCES WITHIN THE PROPOSED HISTORIC DISTRICT.
The contributing features of the Villa Roma Garden Homes Historic District are:
• Its site plan.
• Nineteen ( 19) residential building composed of 2, 3, and 4 dwelling units per building.
• Midcentury modern design emphasizing horizontal massing, flat rooflines, Item 2A - Page 198
Resolution No. HSPB 140– Proposed Villa Roma Historic District
June 7, 2022
overhanging eaves, minimal exterior detailing, and construction materials including concrete block (split face, slumpstone, and screen block), aluminum, and glass • Original Roman-themes architectural elements, most notably a “Temple of Venus,” ringed by ionic columns and surmounted by a circular roof pierced by a large oculus and fronted by a semi-circular reflecting pool with foundation (excluding the 2013 replacement of the Venus statue.)
• Temple “ruins” with ionic columns located at the northeast and southwest portion of the Temple of Venus lawn area.
• Carports.
• Swimming pool and spa.
• Clubhouse including the colonnade and the folded-plate portico on the west side facing the swimming pool.
• Original statuary, benches, and planters
• Original monument sign (not including the plastic signage). • Original exterior sconce light fixtures at the front doors.
The non-contributing features of the Villa Roma Garden Homes Historic District are:
• Additions to back patios on residential units.
• Solar panels and related concealment screens.
• Glass bock windows.
• Steel security doors.
• Non-original entry light fixtures.
• Ground mounted pool equipment and equipment enclosure. • Pool fencing.
• Desert landscaping.
SECTION 3: CHARACTER-DEFINING FEATURES.
The character-defining feature of the Villa Roma Historic District are the combination of the following:
• Low-slung single-story buildings.
• Repetitive building design.
• Various “roman-inspired” precast objects (statues, benches, planters) that create a whimsical thematic quality to the district.
• Primary dwelling entrances facing small common-use courtyards rather than the street.
• Carports and parking areas accessed from the perimeter public streets, placed between clusters of units, and separate from pedestrian courtyards and outdoor passageways.
• Limited private outdoor space for each dwelling, mostly in the form of small patios.
Item 2A - Page 199
Resolution No. HSPB 140– Proposed Villa Roma Historic District
June 7, 2022
• Large open common use spaces – (1) a co rner open lawn area and (2) a centralized common-use swimming pool, terrace, and community building.
SECTION 3: ENVIRONMENTAL ASSESSMENT
The proposed historic district designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity i s not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.
SECTION 4: CONDITIONS THAT APPLY TO HISTORIC DISTRICTS.
According to Section 8.05 of the Municipal Code, the following General Conditions shall apply to Historic Districts:
1. It shall meet the definition of a historic district as outlined in Municipal Code Section 8.05.020.
2. An archival file on the properties in the district shall be maintained by the City.
3. It may be qualified as ‘historic’ at the federal, state, and/or county level.
4. The structure s or resources in the district may not be modified nor objec ts removed without following the procedures outlined in Municipal Code Section
8.05.120 “Demolition, Alteration or New Construction within a Historic District – Certificate of Appropriateness”.
5. A marker explaining the historic nature of the district may be installed at the perimeter of the district in a location viewable from the public way.
6. Compliance with all rules and regulations for Historic Sites and Historic Districts under Chapter 8.05 of the Municipal Code shall be required.
7. The site shall not be further subdivided.
8. The City Clerk shall submit the Council Resolution to the County recorder for recordation within 90 days of the effective date of the Council’s resolution.
The following Specific Conditions of Approval shall apply to the Villa Roma Historic District:
1. Design Guidelines. The property owners in the proposed historic district shall develop a set of design guidelines as outlined in Section 8.05 for review and approval by the City’s HPO prior to the City Council public hearing to consider the HSPB’s recommendation.
2. Review of future Certificates of Appropriateness (“C of A”). Alterations to buildings, structure, objects, and other character-defining and contributing resources within the historic district and described in Sections 2 and 3 are to be evaluated pursuant to PSMC Section 8.05.120 (E), including consistency with the Design Guidelines.
Item 2A - Page 200
Resolution No. HSPB 140– Proposed Villa Roma Historic District
June 7, 2022
Based upon the foregoing, the HSPB hereby recommends that the City Council designate The Villa Roma Garden Homes located at 2500 South Sierra Madre Drive , as Historic District HSPB #140 / HD-10.
ADOPTED THIS SEVENTH DAY OF JUNE 2022.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
David Newell, AICP
Assistant Planning Director
Item 2A - Page 201
ATTACHMENT E
Item 2A - Page 202
03-004-2022-025
Dear Mr. Ken Lyon,
The Agua Caliente Band of Cahuilla Indians (ACBCI) appreciates your efforts to include the Tribal Historic Preservation Office (THPO) in the Villa Roma Garden Homes, HSPB SR 140 project. We have reviewed the documents and have the following comments:
[VIA EMAIL TO:[email protected]]
Palm Springs
Mr. Ken Lyon
3200 Tahquitz Canyon Way
Palm Springs, CA 92263
October 17, 2022
Re: THPO Review of Villa Roma Garden Homes, HSPB SR 140 Again, the Agua Caliente appreciates your interest in our cultural heritage. If you have questions or require additional information, please call me at (760)699-6907. You may also email me at [email protected].
Cordially,
Pattie Garcia-Plotkin
Director
Tribal Historic Preservation Office
AGUA CALIENTE BAND
OF CAHUILLA INDIANS
# * The THPO concurs with the City's analysis and determination of the Villa Roma Property.
Item 2A - Page 203
AGUA CAL IENTE BAND OF CAHUILLA INDIANS"
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ATTACHMENT F
Item 2A - Page 204
STEVEN KEYLON
1141 S. CALLE MARCUS
PALM SPRINGS, CA 92264
July 4, 2022
Dear HSPB,
I submitted a letter to the HSPB (via Mr. Lyon) on June 10, 2022, following the last HSPB meeting, which I watched later on YouTube. I had hoped this letter might fill out some of the context as to why the HSPB might consider Villa Roma eligible as a Historic District, as a garden apartment-type of development. I was hoping the letter would be distributed to the members of the HSPB, but to my understanding, it has not. I have resubmitted it and now include this follow-up letter.
After the letter was submitted, Mr. Lyon and I had an email discussion about this subject, and Ms.
Hansen was copied. The email discussion had more debate on why garden apartment-type communities have significance, in my opinion, and how Villa Roma may fit into that context.
In general, I feel a Historic Context Statement would be beneficial for the city to fully understand how this type of development was interpreted in the Coachella Valley and how the various HOAs fit into that context. In the meantime, the HSPB has this nomination on the table and must decide how to proceed.
The staff report for the July HSPB meeting tries to make a case for significance by saying the site resembles an Italian village. It recommends designating only the site plan and a single folded plate roofline. I think this would be a mistake. Though the architecture was designed to be subordinate to the overall site plan, that doesn’t mean the structures themselves are so insignificant as to classify them as non-contributing. Garden apartments typically didn’t have heroic architecture. This was by design.
However, that doesn’t mean the buildings themselves are disposable.
I encourage the HSPB to find Villa Roma significant as a garden apartment community, as one of the Coachella Valley’s first condominiums, and to include the site plan, the structures, and the Roman- inspired detailing as contributing resources. Individual units with incompatible modifications could be deemed non-contributing, which would encourage the owners to correct those conditions to contribute.
Best regards,
Steven Keylon
Item 2A - Page 205
From: Planning Temp
To: Ken Lyon
Subject: Fw: Villa Roma
Date: Tuesday, July 05, 2022 4:43:49 PM
Hi Ken,
I just received another Villa Roma comment. Once again, let me know if you need me to do anything else with this.
-Derrick
From: Bruce Dahnke <[email protected]>
Sent: Tuesday, July 5, 2022 4:32 PM
To: Planning Temp <[email protected]>
Subject: Villa Roma
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 my name is Bruce I live with my partner Randy at 2580 S. Sierra Madre in the beautiful and hopefully soon to be historic Villa Roma development in Palm Springs. I appreciate that I am able to be included since I cannot make the zoom meeting this evening. I just wanted to say that as a realtor in Palm Springs, working for Bennion And Deville, I see many many properties. The definition of historic is what is preserved today. This development has been well preserved in so many ways. The magnificent fountain on the outside of the development is almost monumental in Palm Springs.
People drive by and take pictures of it just because it is so beautiful. The units that I’ve been in Are beautiful, maintaining the integrity of the development. We have lived in this development for over 10 years, having purchased it 12 years ago. One of the reasons we bought the property was because of the important maintenance of the mid century modern architecture on the property. Although I might disagree with how some of the landscaping has been changed, my hope is that the historic society will help us to further improve on that aspect of the property.
Again, thank you for this opportunity. Hopefully everyone involved will make this a historic property.
Bruce Dahnke and Randy Marks
760-636-6157
2580 S Sierra Madre
Palm Springs
Item 2A - Page 206
ALAN HESS
A R C H I T E C T
4991 CORKWOOD LANE
IRVINE, CA 92612
949 551 5343
[email protected]
May 31, 2022
Ms. Katherine Hough
Chair, Historic Site Preservation Board
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
re: Villa Roma nomination
Dear Ms. Hough:
I would like to express my support for the Villa Roma historic district nomination.
Of all the information we have learned about midcentury Palm Springs, the diversity of its designs and concepts remains a major theme. While its purist Modern designs first caught the attention of historians, we have since discovered the broad variety and innovations of its building types and architecture.
Villa Roma exemplifies two of these facets. First, the low-slung “garden apartment” type, interspersed with landscaped areas and highlighting indoor-outdoor living in open-air courts, community pools, and clubhouses, though not exclusive to the Palm Springs area, became a distinctive residential type with many examples and a range of evolving expressions and plans.
Second, midcentury Palm Springs embraced a version of Modern architecture that blended historic and Modern styles. While many Modernist theoreticians in Europe and the east coast rejected all historicist references, many California Modern architects, from Bernard Maybeck to John Elgin Woolf on, did not. They saw the history of architecture as a continuum. This approach is seen in Palm Springs in examples combining Polynesian, Spanish, Southwestern, Moroccan, and Roman elements and symbolism with the flat roofs, rectilinear geometries, and simplified forms of Modern architecture.
Item 2A - Page 207
This is the context in which Villa Roma deserves to be assessed.
In addition, as the nomination discusses, Villa Roma reflects a larger cultural interest in the Classical era, as seen in the popular novels and movies of the midcentury. Architecture is a popular medium, and as the success of the Western influenced the appeal of the Ranch House, Hollywood’s “sword and sandal” movies influenced the interest in Roman architecture as seen in Villa Roma. This is an aspect of architectural history that can be weighed in determining historic significance of a building such as this.
The variations, examples, and evolution of these Palm Springs garden apartment condominiums deserve more study. Along with Palm Springs’ country club/golf course developments, they are a reflection of the recreational lifestyle, economy, and development of the midcentury.
Sincerely,
Alan Hess
Item 2A - Page 208
STEVEN KEYLON
1141 S. CALLE MARCUS
PALM SPRINGS, CA 92264
June 10, 2022
Dear HSPB,
I watched the video of the June HSPB meeting and the discussion of the Villa Roma. I hope I can help fill out some of the context for why Villa Roma is significant. I was the co-author, with Katie Horak, of the Historic Context Statement (HCS) “The Garden Apartments of Los Angeles.” Villa Roma is an excellent example of the second wave of garden apartment communities that began appearing in the late 1950s and remained a popular type of development through the 1970s.
When Katie and I wrote the HCS, we cut off our research at 1955. That was the end of the first era of garden apartments in Los Angeles. But we knew there was a second wave and that it deserved further scrutiny. The garden apartment communities of the Coachella Valley fit into this theme, and I believe a similar study should be done on this type of building. After the all-female tribal leadership lobbied Eisenhower for long leases to monetize their vast land holdings, there were several outstanding garden apartment communities built in the Valley, the majority of them as a new type of ownership, the condominium. Starting with Desert Braemar in Rancho Mirage, this became a very popular and innovative way for the middle class to afford the leisure life of the desert.
The gold standard for CV garden apartment communities are those developed by William Krisel. He was both architect and landscape architect. I saw similarities between Baldwin Hills Village, where I used to live, and Sandpiper in Palm Desert. I asked Krisel about it and asked if Baldwin Hills Village had influenced him. He answered, “most definitely,” and told me that before World War II, when he was an architecture student at USC, he would drive to the university from his home in Beverly Hills. He often stopped at the construction site of Baldwin Hills Village, fascinated. He said that when the students were creating working drawings using existing architecture as an inspiration, he went to Baldwin Hills Village to study features and used that for his inspiration. His design of Canyon View Estates influenced many other developments by other good architects like Charles Du Bois and Donald Wexler. Clarence Stein considered Baldwin Hills Village the most successful example of his Radburn Plan concept of garden apartment communities.
The garden apartments of the CV do get their inspiration directly from Clarence Stein and Henry Wright’s Radburn Plan of the 1920s. The Radburn Plan included:
• Separation of pedestrian and vehicular traffic.
• A Super Block, with no or few through streets. Automobile circulation kept to the perimeter.
Item 2A - Page 209
• Houses grouped around garage courts or cul-de-sacs for storing automobiles. • Houses turned around, so primary rooms of residence face garden courts • Park or recreation as backbone of community
At Villa Roma, these are all evident. Automobiles leave the main road and pull into a garage court. The site is a superblock with no through streets. The main living rooms face garden courts, which alternate with the garage courts. The backbone of the community is the swimming pool and community building, in this case, rather than a large green park. However, a large green park dominates the northwest corner of the site. I have attached an aerial photo of Villa Roma, showing how garage courts in yellow alternate with garden courts in green. I’ve also attached an image of a section of Baldwin Hills Village (which, at 68 acres, is of a different scale). You can see that both have these same features. These communities shouldn’t be judged for their architecture alone. Stein and Wright argued that the architecture should be simple and subordinate to the site plan and landscape. This is true of the garden apartments of the CV too. These were developments deliberately planned to foster community, and I think you can see after the large turnout of passionate owners from Villa Roma, it still works today.
The post-1955 garden apartment communities tended to be denser than the earlier versions, but land was at a premium by then. There are so many good examples like Sandpiper, Sagewood, Desert Braemar, Canyon View Estates, Racquet Club Garden Villas, Canyon Estates, etc. Not all condominium communities developed in this era qualify as garden apartment communities, but Villa Roma does.
Best regards,
Steven Keylon
Item 2A - Page 210
Villa Roma
Baldwin Hills Village
Item 2A - Page 211
From: [email protected]
To: Ken Lyon
Subject: Villa Roma Historic District hearing - comments by Dan Ary Date: Tuesday, June 07, 2022 12:50:56 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.
Afternoon,
A copy of my comments are included.
Sincerely,
Dan Ary
441 E. Avenida Granada
Palm Springs, CA 92264
760-902-4597
Evening,
My name is Danny Ary.
I am a resident and current
board member of Villa Roma HOA.
I would like to address Findings 1a the resource
associated with events that made a meaningful
contribution to the nation, state, and community.
There was strong homeowner interest and enthusiasm
for our Historic District designation with 56 out 69
owners stating their support. Perhaps today that
number could be higher due to the current interest in
Item 2A - Page 212
mid century roman architecture. Our garden city
model of architecture provides a community feeling
that all residents can enjoy.
At Villa Roma, many
conversations are had at our beautiful pool with
fantastic views along with our many social events that
include residents along with renters and snowbirds
and previous owners.
Much of our social history has revolved around 2
residents: Pearl Davis and Pearl White.
Pearl Davis is
still living in Springfield, Illinois at 105 years of age.
Pearl White has passed away, however, both leave a
legacy that we have honored by planting an olive tree
in front of Pearl White’s once owned condo.
Pearl
Davis was a pool person up till 100 years of age.
She
often chatted and played cards with her friends at
the pool.
Everyone knew the Pearl’s and to honor
Pearl Davis, we are commemorating a table at the pool
with a plaque.
Also, we are honoring them with a
collage of pictures featuring them at our often held
parties by a hanging that collage on our wall of
historic memorabilia in the clubhouse.
Pearl’s pictures
are also featured in published books about Palm
Springs. Our residents have enjoyed potlucks, and
catered parties at the clubhouse where we all have
enjoyed Italian, Mexican and American dishes.
4th of
July, the Oscars, Superbowl parties, and card players
often use our clubhouse that has promoted a felling
of family referred to as our Villa Roma Family.
Activities are also enjoyed in our Temple Garden or
Temple of Venus often referred to as our rotunda.
Item 2A - Page 213
Meaningful contributions to our city and community
also are enjoyed at the Temple of Venus which has
been used for resident’s weddings!
Meals along with
cocktail parties are often held here to enjoy our
views, and our beautiful fountain and its water
features.
We are a community of heart that truly enjoys the
heart of our grounds: the clubhouse, pool, and spa.
Residents know its community residents and often
come to the aid of elderly residents that might need
rides or care. Snowbirds return year after year to
enjoy our spectacular pool.
From the very beginning, the Villa Roma club house
has been the site of regular gatherings for holidays,
birthdays, family reunions, anniversaries, and
community meetings. Villa Roma has had a high ratio
of longtime residents.
Other long-term residents
include:
Pearl Davis and Pearl White
Honey and Morry Korman
Dane Koch and Eric Scott
(past board president)
Jackie and John Woody
Kathy McCari
Joe Kolby
Al and Dorothy Moulder
Dan Ary
Tracy Tracton
One such resident, Tracy Tracton, has been at the
complex since the 1960s. “It’s still just the same,”
Item 2A - Page 214
she states, “You can’t find this atmosphere anywhere
else. It’s truly a special place.”
Item 2A - Page 215
Item 2A - Page 216
May 29, 2022
Mr. Ken Lyon, RA
STEVEN M. EDEN
JON Y. TANAKA
VILLA ROMA
357 E. AVENIDA GRANADA
PALM SPRINGS, CA 92264
805-908-1510
Principal Planner/ Historic Preservation Officer
Historic Site Preservation Bo rad of the City of Palm Springs 3200 E. Tahquitz Canyon Way
Palm Springs CA 92262
Re: Case HSPB#140 - Application For Historic District Designation of Villa Roma Garden Homes Located at 2500 South Sierra Madre, Palm Springs, CA 92264 Dear Ken:
We greatly appreciate to hear that a Hearing to consider the above referenced Application For Historic Designation of the Villa Roma Garden homes has been scheduled on June 2, 2022 at 5:30PM.
Unfortunately we are unable to attend the Hearing in person, as we are out of town, but we plan to attend via Zoom.
We are proud 12 year owners of a unit at Villa Roma. After visiting Palm Springs on numerous trips for over 15 years, after looking at what felt like hundreds of units in Palm Springs, we decided to purchase our unit at Villa Roma. We purchased one of the Caesar models. We appreciated the history, uniqueness and architectural integrity of the Villa Roma complex. We wanted something that was mid century, and unique in architectural style. We were immediately attracted to the Romanesque style of Villa Roma, in keeping with the influence of all things 'Italian' and reminiscent of "La Dolce Vida" in the late fifties and early sixties. The architecture is unique, and celebratory of a wonderful time past. The Rotunda, statuary and impressive grounds caught our eyes immediately when our agent drove up to the complex. We were so happy when our "sister" property, Pompeii de Las Palmas in North Palm Springs, received Historic Designation several years ago.
We have spent many wonderful times at our unit improving it both inside and out over the years, replacing our windows with period appropriate stainless steel window frames, as well as a magnitude of interior improvements and enhancements to the decor. We have been incredibly impressed over the years at how many Villa Roma residents bought their units for similar reasons as we did and that we all share a sense of community and common interest in mid-century architecture and design! We have been active participants and attendees at the Board and HOA Meetings over the years, and it is impressive to see how dedicated our leaders and residents are to maintaining and enhancing the Item 2A - Page 217
complex keeping close attention to its' history and architectural significance. We think it is one of the best maintained complexes in South Palm Springs and are proud to call Villa Roma "home".
We have also been incredibly impressed to see how much the Villa Roma leaders and residents have embraced the history of the complex including remembrances to several of the initial owners dating back to when the complex was built in the early sixties. Two such residents of such distinction were each named "Pearl" and are lovingly referred to all as 'THE TWO PEARLS"! It has been wonderful to see a tree planted in memory of them with a commemorative plaque, as well as a historic photo in celebration of them being added in the Clubhouse by the pool. It is our understanding that other similar types of recognitions are planned for the future as well. The pride we collectively hold in this incredible property and community over the years is ever-present and infectious! We are strong supporters of Modernism Week, The Palm Springs Preservation Foundation, and Palms Springs as a whole, and would love to see Villa Roma receive the Historic Designation that it deserves.
We thank Erik Rosenow and Ron and Barbara Marshall for their support of this Designation and the work they have put into it, as well as others who have assisted with getting us to this point, it is much appreciated. Thank you for your important role in helping do so as well, and we thank you for all of your impressive service to the community.
~r:,(~
Steve and Jon
Cc: [email protected]
4JUNE2022
HISTORIC SITE PRESERVATION BOARD
CITY OF PALM SPRINGS, CALIFORNIA
3200 East Tahquitz Canyon Way, Palm Springs, California 92262
Attention: HSPB Committee
Mr. Ken Lyon, RA, Principal Planner/Historic Preservation Officer Ms. Katherine Hough, Chair
Reference: Villa Roma application for Historic Designation
Dear HSPB Committee Members,
I am writing to you as an eight-year owner of a Villa Roma garden condominium. I was not looking to purchase any property in California when I first had the opportunity to spend a month in Palm Springs, but, that month being in one of the Cleopatra models in Villa Roma induced me to keep an eye open for one to be available for sale. Not any other complex in Palm Springs, I was only interested in Villa Roma.
One year after my stay, I bought a Caesar model – and in spite the elevation of values to almost four- fold, I have no intention of selling.
As proffered by Mr. Allen Hess in his endorsement of Villa Roma for historical designation, the very nature of the centralized pool and clubhouse design, shown by Mr. Eric Rosenow’s book The Architecture of Desert Leisure (where Villa Roma graces the cover) exemplifies the spirit of the mid- century cocktail party environment. This is an almost daily occurrence, continued to this day, often by upwards of 30 Villa Romans concurrently. It is possible that some of the ladies gracing the cover photo taken in the mid-sixties showing numerous residents gathered by the pool could have been in photos taken in recent years, as three of our initial residents remained until recently. This theme of the centralized ‘modern’ clubhouse and pool has set the tone for daily gatherings of residents – all drawn together by a shared appreciation for our mid-century environment, spa, statuary, and the iconic clubhouse folded roofline.
Villa Roma is not merely a community of mid-century structures, it is a community of people drawn together by the design, layout, and quality of the community.
I most sincerely appreciate your time, and considered attention to the Villa Roma application.
Thank you.
CG
Carol Grant
Villa Roma: S. Sierra Madre, Palm Springs, CA 92264
Item 2A - Page 218
From: Planning Temp
To: Ken Lyon
Subject: Fw: HSPB Meeting (via Zoom)
Date: Tuesday, July 05, 2022 4:20:35 PM
Good afternoon Ken,
Here is an e-mail from a gentleman in support of Historical Site status for Villa Roma. Please let me know if you need me to do anything else with this. -Derrick
From: Donald Grimm <[email protected]>
Sent: Tuesday, July 5, 2022 4:16 PM
To: Planning Temp <[email protected]>
Subject: HSPB Meeting (via Zoom)
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.
Derrick,
As per our phone conversation, I fully support the Villa Roma application for historic status for the building structures and look forward to working with the Villa Roma HOA and the HSPB in regards to restoring/maintaining these historic midcentury modern structures.
As a side note, I purchased my particular unit primarily because of the original copper cabinet hinges, kitchen cabinets, fireplace, terrazzo foyer floor and outside terrazzo entry, the sunken Roman shower/tub in the master, etc.
I have preserved and maintained these original features.
Best in health,
Donald W Grimm, Ph.D.
Licensed Psychologist
PSY20305
Sent from Yahoo Mail on Android
Item 2A - Page 219
From: Ken Lyon
To: Ken Lyon
Subject: FW: Historic Site Preservation--Villa Roma
Date: Tuesday, June 07, 2022 9:15:02 AM
From:
Morry Korman <[email protected]>
Sent: Monday, June 6, 2022 10:34 PM
To: Planning Temp <[email protected]>
Subject: Historic Site Preservation
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.
Morry Korman <[email protected]
To: [email protected]
Dear Palm Springs Site Preservation Board Officials,
Please know that I am a 20 year
+ resident of Villa Roma and
believe that this unique community well deserves to earn the designation as a Historic Site.
I truly hope the Board takes all the facts into consideration and votes in the positive.
Thank you,
Morry Korman
Villa Roma
429 E. Avenida Granada
Palm Springs, CA 92264
Item 2A - Page 220
CITY COUNCIL STAFF REPORT
02/21/2023
SUBJECT:
DTPS B-3 LLC REQUEST FOR EXTENSION OF TIME FOR A TENTATIVE TRACT
MAP APPROVAL ASSOCIATED WITH THE CONSTRUCTION OF A SIX STORY, 73,300-SQUARE FOOT MIXED USE BUILDING (MULTI-FAMILY RESIDENTIAL CONDOMINIUMS AND COMMERCIAL) WITH 45 FOR-SALE RESIDENTIAL UNITS AND GROUND FLOOR COMMERCIAL LOCATED ON BLOCK “B” OF THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN AT 200 NORTH BELARDO ROAD, ZONE CBD (CASE NO. TTM 37935 EOT)
RECOMMENDATION:
Open the hearing and receive public testimony.1.
Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A one-year
EXTENSION OF TIME FOR CASE NO. TTM 37935; A tentative tract map for a one-lot subdivision for condominium purposes (45 RESIDENTIAL UNITS) ON
BLOCK B OF THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN LOCATED AT THE NORTHEAST CORNER OF BELARDO ROAD AND MUSEUM WAY.”
2. Attachments
Item 2B
CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 21, 2023 PUBLIC HEARING
SUBJECT: DTPS B-3 LLC REQUEST FOR EXTENSION OF TIME FOR A TENTATIVE
TRACT MAP APPROVAL ASSOCIATED WITH THE CONSTRUCTION OF
A SIX STORY, 73,300 -SQUARE FOOT MIXED USE BUILDING (MULTI - FAMILY RESIDENTIAL CONDOMINIUMS AND COMMERCIAL) WITH 45
FOR-SALE RESIDENTIAL UNITS AND GROUND FLOOR COMMERCIAL
LOCATED ON BLOCK “B” OF THE DOWNTOWN PALM SPRINGS
SPECIFIC PLAN AT 200 NORTH BELARDO ROAD, ZONE CBD (CASE NO. TTM 37935 EOT)
FROM: Teresa Gallavan, Interim City Manager
BY: Department of Planning Services
SUMMARY:
This is a request to extend the mapping entitlement (TTM 37935) associated with the downtown Block “B” development consisting of a one- lot subdivision for condominium purposes (45 residential condos) approved by City Council on January 14, 2021 (and effective May 3, 2021). The development consists of a six-story, 73,300- square foot mixed-use building at the northeast corner of Belardo Road and Museum Way and is located within the Downtown Palm Springs Specific Plan.
On January 25, 2023, the Planning Commission recommended the City Council approve a one- year extension for TTM 37935, in addition to approving the associated time extension for the Major Architectural Approval for the project.
RECOMMENDATION:
1. Open the hearing and receive public testimony.
2. Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR
EXTENSION OF TIME FOR CASE NO. TTM 37935; A TENTATIVE TRACT MAP FOR A ONE -LOT SUBDIVISION FOR CONDOMINIUM PURPOSES ( 45
RESIDENTIAL UNITS) ON BLOCK B OF THE DOWNTOWN PALM SPRINGS
SPECIFIC PLAN LOCATED AT THE NORTHEAST CORNER OF BELARDO ROAD AND MUSEUM WAY.”
Item 2B - Page 1
City Council Staff Report
February 21, 2023 -- Page 2
Block “B” Time Extension, Case TTM 37935
BUSINESS PRINCIPAL DISCLOSURE:
The project Applicant is DTPS B-3, LLC. The Public Integrity Disclosure Form for this entity is included as an attachment to this report.
PROJECT DESCRIPTION:
The proposed building is located on Block “B” of the Downtown Palm Springs Specific Plan, a site that was previously approved for the development of a Virgin Hotel. The Applicant seeks to develop the 0.84- acre site as a mixed- use building with residential condominiums and ground floor retail. The property is bound by Andreas Road to the north, Belardo Road to the west, and Museum Way to the south. The Downtown Park is located to the west and the Rowan hotel is located to the south. A pedestrian paseo and a two-story mixed-use building exist to the east of the project site.
The building is proposed at 73,300- square feet in area and includes 45 condominium units. There is also an exterior space consisting of decks and walkways totaling 33,916- square feet in area. The building is six stories and sixty feet in height. Westerly portions of the structure are five stories in size.
BACKGROUND INFORMATION:
Related Relevant City Actions
04/20/16
The City Council amended the Downtown Palm Springs Specific Plan to address project changes to the redevelopment of the Fashion Plaza mall, and the AAC, Planning Commission and City Council approved a mixed-use 112,862-square foot building with 142 hotel r ooms on the subject site.
09/08/20
The Architectural Advisory Committee (AAC) reviewed the initial application for the project, which included a 6- story, 82,577 -sq. ft. building with 62-units, and provided comments to improve the design of the project.
10/05/20
The AAC reviewed revisions to the initial application for the project and voted 7- 0 to recommend denial of the application, based on the development not complying with criterion #3 of the Architectural Review Guidelines in Section 94.04.00 of the Zoning Code.
Specifically, the AAC was not in support of the overall massing, the scale of the interior courtyard and generally “flat” vertical design of the building exterior reaching 60-ft height.
10/28/20
The Planning Commission held a study session on the initial design iteration of the project and provided comments to the Applicant. In response, the Applicant revised the project by reducing unit count and massing, and by adding retail space to the ground floor. Additional discussion is provided on pages 5-8 of this report.
Item 2B - Page 2
City Council Staff Report
February 21, 2023 -- Page 3
Block “B” Time Extension, Case TTM 37935
Related Relevant City Actions
12/09/20
The Planning Commission held a public hearing on the Revised Project and recommended denial of the Major Architectural application by a vote of 3-2 and denial of the TTM application by a vote of 5-0. 01/14/21
The City Council held a public hearing on the Revised Project and approved the Major Architectural application by a vote of 5-0 and approved the TTM application by a vote of 3-2.
05/03/21
The Architectural Advisory Committee reviewed a ground floor activation plan for the Revised Project, as required by City Council conditions, and unanimously approved the proposed plan, subject to the addition of pavers on the north side of Museum Way. 01/25/23
The Planning Commission held a public hearing on the subject time extension request, including both the Major Architectural and Tentative Trat Map approvals for the Revised Project, and voted 6-0 to approve a one- year extension f or the Major Architectural approval and recommend City Council approve a one- year extension for the TTM approval.
Related Building Permits
11/09/21
Applicant submitted building permit application to the Building & Safety Department and paid a deposit of $24,938 for plan check review. (Set I for Building Permit Application #2021-5083)
03/29/22 Applicant submitted revised construction drawings to the Building & Safety Department. (Set II for Building Permit Application #2021-5083) 06/15/22
Applicant submitted revised construction drawings to the Building & Safety Department. (Set III for Building Permit Application #2021 - 5083)
Neighborhood Notice
01/12/23
The public hearing notice for the Planning Commission hearing was mailed to addresses within 500 feet of the site, notifying that the subject application would be considered by the Planning Commission on January 25, 2023.
01/13/23 The public hearing notic e for the Planning Commission hearing was published in the local newspaper.
01/15/23
The public hearing notice for the Planning Commission hearing was emailed to Neighborhood Organizations within one mile of the project site.
02/09/23
The public hearing notice for the City Council hearing was mailed to addresses within 500 feet of the site, notifying that the subject application would be considered by the City Council on Feb. 21, 2023.
The notice was also emailed to Neighborhood Organizations within one mile of the project site.
02/10/23 The public hearing notice for the City Council hearing was published in the local newspaper.
Item 2B - Page 3
City Council Staff Report
February 21, 2023 -- Page 4
Block “B” Time Extension, Case TTM 37935
Field Check
01/18/23 Site visit by planner.
Site Area
Net Acres 0.84 Acres
Surrounding
Property
Existing Land Use
Per Chapter 92
Existing General
Plan Designation
Existing Zoning
Designation
Subject Property
Undeveloped pad
w/subterranean
parking
CBD (Central
Business District)
CBD (Central
Business District)
North Parking lot CBD CBD
South Rowan hotel CBD CBD
East Mixed-use
commercial building CBD CBD
West Downtown Park CBD CBD
STAFF ANALYSIS:
The entitlements for the subject project include the approval of a Major Architectural Application (3.3908 MAJ) for the development of the mixed- use building and Tentative Tract Map (TTM 37935) to allow 45 for -sale condominium units within the proposed building. These applications were initially approved by City Council on January 14, 2021 and became effective after the AAC approved the ground floor activation plan on May 3, 2021. In order to exercise these entitlements, the Municipal Code requires that within two years, construction must commence on the new building and the fin al map must be processed. Alternatively, an extension of time may be granted for these entitlements in accordance with the procedures outlined in Section 94.12.00 (“Extension of Time”) of the Zoning Code.
The Applicant seeks approval of a one-year extension of time for these entitlements, due to pending and unresolved labor law applicability questions on this project with the State Department of Industrial Relations (DIR). The Applicant states that after the completion of the initial phases of the downtown development, a claim was filed with the DIR that asserted the overall project should have been built under prevailing wage laws, and the DIR determined the City isn’t exempt as a Charter City, leaving unknown labor costs for future phases of the overall Downtown project, including the subject development. The Applicant further indicates attempts to resolve this matter have been unsuccessful, resulting in the Applicant filing lawsuit challenging DIR’s determination. And while he expects a hearing on this lawsuit in early 2023, the Applicant states, “we are aggressively pursuing resolution of this issue, but believe that this process will not permit us to begin construction before May 5, 2023…”
Additional issues the Applicant identifies as justification for extending the entitlements Item 2B - Page 4
I
I
City Council Staff Report
February 21, 2023 -- Page 5
Block “B” Time Extension, Case TTM 37935
include delays related to the COVID pandemic, including associated workforce disruptions. Their consultant teams were unable to meet in- person, which impacted productivity and time efficiencies that resulted in longer times to finalize construction documents. Once submitted, the Applicant indicates a project of this magnitude requires multiple plan check reviews and the timeframe for review was taking longer than usual.
Based on the current status of the plan check review, the Applicant believes the building permit will be ready by August 2023 and seeks a one- year extension on the project entitlements.
The Planning Commission considered the extension of these entitlements at a public hearing on January 25, 2023 and granted the applicant’s request to extend the Major Architectural approval by one year. At this meeting, the Planning Commission also recommended the City Council approve a one- year extension of the project’s Tentative Tract Map, as required by Section 9.63.110 of the Palm Springs Municipal Code.
FINDINGS:
Section 94.12.00(D) of the Palm Springs Zoning Code (PSZC) requires that the following conditions be met in order to justify an Extension of Time application. Staff has analyzed the findings as follows:
1. The requested extension of time is consistent with the General Plan and any applicable specific plan, and the proposed project remains consistent with those plans as they exist at the time the extension request is being considered.
The General Plan and Downtown Palm Springs Specific Plan designate the subject property as CBD (Central Business District). These land uses were not modified since the original approval of the project, and an extension of time would be consistent with the CBD land use designation, including a mixed-use development as proposed by this project.
2. The findings made in support of the original approval remain valid and are still appropriate.
When approving the project applications, the City Council adopted Resolution Nos. 24845 and 24846 to construct the mixed- use building with 45 for-sale, residential condominiums. The Council found that the uses applied for were permitted by the Downtown Palm Springs Specific Plan and Palm Springs General Plan, and that the development met the architectural design guidelines in Section 94.04.00 of the Zoning Code. The project’s layout, design and overall scope remain largely the same, including the minor revisions that were reviewed and approved by the Architectural Review Committee, and the proposal remains compatible with existing developments in the surrounding areas. Consequently, the findings in support of the original approval remain valid and still appropriate.
Item 2B - Page 5
City Council Staff Report
February 21, 2023 -- Page 6
Block “B” Time Extension, Case TTM 37935
3. There have been no significant changes to the proposed project, or to areas within the geographic proximity of the proposed project that negates the appropriateness of the project, or new information concerning new or substantially more severe environmental effects which would require a reevaluation of the project under the California Environmental Quality Act (CEQA).
Since the original approval in January 2021, the Applicant has submitted revisions for review by the Architectural Advisory Committee (AAC or ARC). On May 3, 2021, the AAC approved a ground floor activation plan, which included additional sidewalk seating, sidewalk pavers, art pedestal, and Tivoli strand lighting. On July 5, 2022, the ARC approved changes to the elevations, courtyard, and pool deck areas of the project. However, the approved changes were minor and did not result in increases in units or square footage.
The only change occurring in the immediate geographic vicinity is the completion of the downtown park, which has added public open space to the area.
Consequently, there have been no significant changes to the proposed project or to areas within the geographic proximity of the development that negate the appropriateness of the project.
4. The subject site has been properly maintained in accordance with the Property Maintenance Standards of this Title:
There have been no code complaints on this property during the past two years, and the site has been properly maintained.
5. The applicant has demonstrated convincingly and clearly that the project will be substantially underway within the extended period.
The Applicant states the lender that financed the other retail buildings downtown has committed to finance the construction of the subject project and expects building permits to be ready by August 2023 with construction commencing in September 2023. Further, the DIR decision is anticipated to be resolved this year.
Consequently, the project will be substantially underway with the one- year extended time period that is being requested.
6. The applicant has made reasonable, substantial, and timely efforts to exercise the entitlement and advance the project, such as, but not limited to, the pre- payment of impact fees or submittal of permit applications.
Since the project was approved, the Applicant has submitted architectural, construction and engineering plans to the City to demonstrate progress toward exercising the project entitlements. In November 2021, the first set of construction drawings were submitted to the Building & Safety Department for plan check review, followed by two revisions being submitted for review in March and June of Item 2B - Page 6
City Council Staff Report
February 21, 2023 -- Page 7
Block “B” Time Extension, Case TTM 37935
2022. Architectural revisions were submitted to the Planning Services Department, which were reviewed and approved on July 5, 2022. Finally, the Tract Map was submitted to the Engineering Services Departme nt and has received two plan check reviews. Thus, the Applicant has made reasonable, substantial , and timely efforts to exercise the entitlements.
7. Extenuating circumstances, not within the applicant’s control, (financial inability and market conditions excepted), have prevented the applicant from exercising the entitlement within the initial time period granted, but that such circumstances are more likely than not to be removed in time for the applicant to substantially begin the project within the extended period.
Given the project’s association with the public -private partnership for the redevelopment of the downtown Fashion Plaza Mall, a unique and extenuating circumstance has occurred with the determination by the Department of Industrial Relations that the future phasing of the redevelopment, including the subject project, may be subject to prevailing wage, which would substantially alter construction labor costs. This has resulted in difficulty determining actual construction labor costs and hindered the Applicant in moving forward until further legal clarification is given, based on a pending lawsuit.
Additionally, the Covid pandemic has caused delays in preparing, processing and finalizing construction plans for the project. Consequently, extenuating circumstances, not within the applicant’s control, have prevented the Applicant from exercising the entitlements within the initial time period granted and these circumstances are anticipated to be removed by May 3, 2024.
ENVIRONMENTAL ASSESSMENT
:
The proposed project is part of a larger project (“Museum Market Plaza Specific Plan”/“Downtown Palm Springs Specific Plan”) evaluated and analyzed under the California Environmental Quality Act (“CEQA”). The City certified an Environmental Impact Report (EIR) which analyzed impacts related to the Museum Market Plaza Specific Plan in 2009. Subsequent addenda have been prepared to analyze changes within the Specific Plan area.
On January 14, 2021, the Council determined the project entitlement applications were consistent with the environmental analysis for the Downtown Palm Springs Specific Plan, including its EIR and Addenda. No further environmental review is required for thi s extension of time request because the project does not involve greater density or intensity of uses and there are no changes that would be significant to the overall scope of the approved project.
Item 2B - Page 7
City Council Staff Report
February 21, 2023 -- Page 8
Block “B” Time Extension, Case TTM 37935
CONCLUSION:
The applicant seeks a one- year extension of time to receive final map approval. The Applicant has demonstrated that the delay was due to circumstances out of their control, and significant efforts are being made to move the project forward by submitting construction documents for building permit review and processing the final Tract Map with the Engineering Department. Because of these circumstances, staff and the Planning Commission recommend the City Council approve a one- year extension of time for the Tentative Tract Map, extending the entitlements from May 4, 2023, to May 3, 2024.
REVIEWED BY:
Department Director: Christopher Hadwin
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. Vicinity Map
B. Aerial Map
C. Draft Resolution
D. Justification Letters
E. City Council Resolution Nos. 24845 & 24846
F. Public Integrity Disclosure Form
G. Site Photographs
H. Approved Tentative Tract Map
Item 2B - Page 8
ATTACHMENT A
Item 2B - Page 9
Department of Planning Services
Vicinity Map
CITY OF PALM SPRINGS
Case #: Time Extension for Case Nos. 3.3908 MAJ & TTM 37935
Address: Northeast corner of Belardo Road and Museum Way
Item 2B - Page 10
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Item 2B - Page 11
Department of Planning Services
Aerial Map
CITY OF PALM SPRINGS
Case #: Time Extension for Case Nos. 3.3908 MAJ & TTM 37935
Address: Northeast corner of Belardo Road and Museum Way
Item 2B - Page 12
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ATTACHMENT C
Item 2B - Page 13
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING A ONE-
YEAR EXTENSION OF TIME FOR CASE NO. TTM 37935;
A TENTATIVE TRACT MAP FOR A ONE- LOT
SUBDIVISION FOR CONDOMINIUM PURP OSES ( 45
RESIDENTIAL UNITS ) ON BLOCK B OF THE
DOWNTOWN PALM SPRINGS SPECIFIC PLAN LOCATED
AT THE NORTHEAST CORNER OF BELARDO ROAD AND
MUSEUM WAY.
THE PLANNING COMMISSION FINDS AND DETERMINES AS FOLLOWS:
A. DTPS B-3 , LLC (“Applicant”) filed an application with the City , pursuant to Section 94. 12.00 of the Zoning Code, for an extension of time (“Extension”) for the entitlements associated with a 0.84- acre site identified as Block B of the Downtown Palm Springs Specific Plan (“Sp ecific Plan”) and located at the northeast corner of Belardo Road and Museum Way (“S ite”), including Case No. 3.3908 MAJ, a Major Architectural Review approval to construct a si x-story, 73,300- square foot mix ed-use building with 45 residences and ground floor commercial uses on t he Site; and Case No. TTM 37935, a Tentative Tract Map approval to subdivide the 0.84- acre property for condominium purposes to allow 45 for -sale residences within a proposed six-story, 73,300-square foot mixed- use building (t he approvals associated with Case Nos.
3.3908 MAJ and TTM 37935, are collectively referenced herein as the “Project”).
B. On January 14, 2021, the City Council conducted a public hearing on the Project; carefully reviewed and considered all of the evidence presented in connection with the hearing on the Project, including but not limited to the staff report, and all written and oral testimony presented; and voted 5-0 to approve Case No. 3.3908 MAJ by adopting Resolution No. 24845 and 3-2 to approve Case No. TTM 37935 by adopting Resolution No. 24846.
C. On January 25, 202 3, the Planning Commission of the City of Palm Springs, California, held a public hearing on the subject Extension in accordance with applicable law, accepted public comments on the matter, considered all evidence presented and unanimously recommended approval of the extension to the City Council.
D. In accordance with the procedures and requirements of Section 94.12.00 of the Zoning Code, the City Council has evaluated the required findings and agrees with each as follows:
1. The requested extens ion of time is consistent with the General Plan and any applicable specific plan, and the proposed project remains consistent with those plans as they exist at the time the extension request is being considered;
The General Plan and Downtown Palm Springs Specific Plan designate the subject property as CBD (Central Business District). These land uses were not modified Item 2B - Page 14
Resolution No.
since the original approval of the project, and an extension of time would be consistent with the CBD land use designation, including a mixed-use development as proposed by this project.
2. The findings made in support of the original approval remain valid and are still appropriate;
When approving the project applicat ions, the City Council adopted Resolution Nos. 24845 and 24 846 to construct the mixed- use building with 45 for -sale, residential condominiums. The Council found that the uses applied for were permitted by the Downtown Palm Springs Specific Plan and Palm Spring s General Plan, and that the development met the architectural design guidelines in Section 94.04.00 of the Zoning Code. The project’s layout, design and overall scope remain largely the same, including the minor revi sions that were reviewed and approved by the Architectural Review Committee, and the proposal remains compatibl e with existing developments in the surrounding areas. Consequently, the findings in support of the original approval remain valid and still appropriate.
3. There have been no signi ficant changes to the proposed project, or to areas within the geographic proximity of the pro posed project that negates the appropriateness of the project, or new information concerning new or substantially more severe environmental effects which would requir e a reevaluation of the project under the California Environmental Qualit y Act (CEQA);
Since the original approval in January 2021, the Applicant has submitted revisions for review by the Architectural Advisory Committee (AAC or ARC). On May 3, 2021, the AAC approved a ground floor activation plan, which included additional si dewalk seating, sidewalk pavers, art pedestal, and Tivoli strand lighting. On July 5, 2022, the ARC approved changes to the elevations, courtyard and pool deck areas of the project. However, the approved changes were minor and did not result in increases in units or square footage.
The only change occurring in the immediate geographic vicinity is the completion of the downtown park, which has added public open space to the area. Consequently, there have been no significant changes to the proposed project or to areas within the geographic proximity of the development that negate the appropriateness of the project.
4. The subject site has been properly maintained in accordance with the Pr operty Maintenance Standards of this Title;
There have been no code complaints on this property during the past two years, and the site has been properly maintained.
Item 2B - Page 15
Resolution No.
5. The applicant has demonstrated convincingly and clearly that the project will be substantially underway within the extended period;
The Applicant states the lender that financed the other retail buildings downtown has committed to finance the construction of the subject project and expects building permits to be ready by August 2023 with construction commencing in September 2023. Further, the DIR decision is ant icipated to be resolved this year.
Consequently, the project will be substantially underway with the one- year extended time period that is being requested.
6. T he applicant has made reasonable, substantial and timely efforts to exercise the entitlement and advance the project, such as, but not limited to, the pre- payment of impact fees or submittal of permit applications;
Since the project was approved , the Applicant has submitted archi tectural, construction and engineering plans to the City to demonstrate progress toward exercising the project entitlements. In November 2021, the first set of construction drawings were submitted to the Building & Safety Department for plan check revi ew, followed by two revisions being submitted for review in March and June of 2022.
Architectural revisions were submitted to the Planning Services Department, which were reviewed and approved on July 5, 2022. Finally, the Tract Map was submitted to the Engine ering Services Department and has received two plan check reviews.
Thus, the Applicant has made reasonable, substantial and timely efforts to exercise the entitlements.
7. Extenuating circumstances, not within the applicant’s cont rol, (financial inabilit y and market conditions excepted), have prevented the applicant from exercisi ng the entitlement within the initial time period granted, but that such circumstances are more likely than not to be removed in time f or the applicant to substantially begin the project within the extended period.
Given the project’s association with the public-private partnership for the redevelopment of the downtown Fashion Plaza Mall, a unique and extenuating circumstance has occurred with the determination by the Department of In dustrial Relations that the future phasing of the redevelopment, including the subject project, may be subject to prevailing wage, which would substantially alter construction labor costs. This has resulted in difficulty determini ng actual construction labor costs and hindered the Applicant in moving forward until further legal clarification is given, based on a pending lawsuit.
Additionally, the Covid pandemic has caused delays in preparing, processing and finalizing construction plans for the project. Consequently, extenuating circumstances, not within the applicant’s control, have prevented the Applicant from exercising the entitlements within the initial time period granted and these circumstances are anticipated to be removed by May 3, 2024.
Item 2B - Page 16
Resolution No.
E. On February 21, 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 subject Extension. At said hearing, the City Council carefully considered the staff report and all written and oral testimony given in association with the hearing.
THE PLANNING COMMISSION RESOLVES:
Section 1
. Tha t 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. On January 14, 2021, t he Council determined the project entitlement applications we’re consistent with the environmental analysis for the Specific Plan, including its EIR and Addenda. No further environmental review is required for this extension of tim e request, because the project does not involve greater density or intensity of uses and there are no changes that would be significant to the overall scope of the approved project.
Section 3
. Based on the foregoing, the City Council hereby approves a one-year extension of time for Cas e No. TTM 37935, from May 4, 2023, to May 3, 2024, subject to the previously imposed conditions in City Council Resolution No. 24846.
ADOPTED THIS 21ST DAY OF FEBRUARY, 2023.
T eresa Gallavan
Interim City Manager
ATTEST:
Brenda Pree, MMC
City Clerk
Item 2B - Page 17
Resolution No.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE , City Clerk of the City of Palm Springs, 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
Item 2B - Page 18
ATTACHMENT D
Item 2B - Page 19
Item 2B - Page 20
~ GRIT
DEVELOPMENT
December 29, 2022
Christopher Hadwin
Planning Director
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
RE: Request for extension, Block B Downtown Condo Apartments (Park Residences) Dear Mr. Hadwin;
On May 5, 2021, Grit received final approval for the entitlements related to the 45 unit multi-family housing project to be constructed on Block B in the Downtown Area. Since receiving that approval, we have completed the construction drawings for the project, and those drawings have been submitted to the Building Department for review. Plans are currently undergoing their third review. Grit has arranged with one of our existing lenders to provide the construction loan for the project, and thus far we have invested in excess of $8 million in this project to date. We would anticipate 24 months for construction, however, the project's start is currently in a state of limbo because of the pending issues with the State Department of Industrial Relations ("DIR").
When Grit began phase one of the Downtown revitalization project pursuant to the Project Financing Agreement, the City Attorney advised both parties that the project was exempt from prevailing wage laws because of the Charter City exemption . We proceeded on that basis and built the initial downtown buildings and the Rowan Hotel. After completion of those buildings, a claim was filed with the DIR, asserting that the project should have been built under prevailing wage laws. Thus far, DIR is ignoring the Charter City exemption and claiming that the project should be a prevailing wage project.
Although phase 2 of the Downtown project, which includes the Park Residence project, did not receive any form of City participation or financial assista nee, DIR' s decision is unclear as to whether they are trying to include phase 2 in their assertions that prevailing wage laws apply. In short, the actions of the DIR in attempting to assert prevailing wage claims that are both inappropriate and unclear, has placed the project in a state of limbo, unable to determine actual labor costs. A project of this magnitude cannot move forward with a lack of clarity as to its labor costs and the applicability of labor laws.
To clarify this issue, we have attempted to meet with the DIR to discuss the issue and to clarify the reach of their claims, however, thus far, DIR has been unresponsive and has refused to meet with our representatives. To vindicate the position of both Grit and the City with regard to the applicability of the prevailing wage laws in this case, and to clarify the currently uncertain reach of those laws, Grit has filed suit to challenge the DI R's rulings. We expect a hearing on that challenge early in 2023.
Grit had every intention of beginning construction on the Park Residence project within the two year window allowed the original entitlement, as is reflected by our production of construction drawings. However, the lack of clarity regarding the DIR ruling has placed us in a position where it is 201 N. Palm Canyon Drive, Suite 200, Palm Springs, CA 92262-5525 Item 2B - Page 21
~ GRIT a:=
DEVELOPMENT
impossible to determine the actual costs of construction labor for the project. Until that issue is resolved, signing construction contracts is not possible. We are aggressively pursuing resolution of this issue, but believe that this process will not permit us to begin construction before May 5, 2023, the date upon which our original two year entitlement expires. We believe that this project brings to the City an attractive housing opportunity that enhances the City's efforts at downtown revitalization, and we have therefore proceeded with the project's design despite the ambiguity caused by DIR. Initiating construction, however, requires a firm determination of labor costs, and that determination cannot be made until the DIR issue is resolved. To allow time to bring that issue to resolution, therefore, we are hereby requesting an extension of the entitlements approved for the Park Residence project beyond the current May 5, 2023 expiration date .
201 N. Palm Canyon Drive, Suite 200, Palm Springs, CA 92262-5525 Re: Extension Request Block B – Case 3.3908 and TTM 37935
City of Palm Springs
David Newell
David
Please find responses addressing the criteria in Section 94.12.00(D) of Zoning Code (copied below), for Planning Commission to evaluate the request.
First Challenge triggering the need for an Extension - Delays due to the Pandemic and related workforce issues
Grit Development requested proposals for Construction Documents immediately after final City Approvals in May of 2021. Grit contracted with the Architectural Firm, Mechanical, Electric, Plumbing, Noise and Edison Consultants during the summer of 2021 and has spent in excess of $1.8 million for Consultants and City Plan Check Fees since that time.
The Pandemic (Covid 19) changed the work environment requiring everyone to adjust and making important “in person
” team meetings impossible. As a result, productivity and time efficiency suffered requiring longer time to finalize the CD Documents to submit to the Building Department. The first CD Set was submitted NOVEMBER 2021; the plan check took much longer than anticipated due to workforce shortages triggered by the Pandemic.
Complicated Projects of this magnitude usually can take up to 5 Plan Checks before they are even approved and before a Permit will be issued. The first round of Plan Check comments triggered a redesign of the ground floor corner units to the north to accommodate new access requirements to the electric room by Edison. Additionally, Grit had to add windows on the North Facade. All changes were minor and approved unanimously by the ARC in JULY 2022.
However, these changes to the CDs for the required approval by the ARC delayed the 2nd Plan Check. Grit is now in the 3rd Plan Check and it expects final Comments to the current CDs in the next 6 weeks. Grit Development is planning to pull a Building Permit by August 2023 in order to start vertical construction in September 2023. Grit’s Lender, who already financed Grit Development’s four (4) Retail Buildings in Downtown Palm Springs has committed to the Construction Loan.
Second Challenge - Unforeseen State interference with local Municipality
The Department of Industrial Relations in San Francisco opined erroneously in May 2022 that the Downtown project should have been built with prevailing wages. Palm Springs Promenade, LLC and the City of Palm Springs both disagree strongly with this position and have issued their own legal opinions referring to the Charter City Status of Palm Springs when contracts were issued. This is highly important because, at the time the Downtown Project was constructed, the law was clear that Charter City’s had the authority to deem projects as not being subject to prevailing wage. Something the City of Palm Springs did deem prior to construction of the Downtown Project built to date. Due to the DIR’s ruling, Palm Springs Promenade, LLC has filed a Petition for Writ of Mandate (filed during the 4th QTR of 2022) requesting a judge to rule on the whether the City of Palm Springs was correct in its determination [the Project was and is Item 2B - Page 22
not subject to prevailing wage] or whether the DIR is correct [the Project was and is subject to Prevailing Wage.]. The Court Hearing on the Petition for Writ of Mandate is scheduled for April 2023 with the Judge expected to rule on the issue by early Summer 2023. The decision, which we expect to be in favor of the City of Palm Springs and Palm Springs Promenade, LLC, will answer many questions, including whether the construction of Block B1 is subject to prevailing wage. The Court’s ruling in favor of the City of Palm Springs and Grit will meet Grit’s current time line to start Construction by September 2023. Until this issue is resolved by the Court, Grit is unable to start the project.
D. Criteria The burden of proof is on the applicant to establish by clear and convincing evidence that the applicant has proceeded in good faith and has exercised due diligence in complying with the conditions of approval imposed on the entitlement in a timely manner. In determining that good cause exists for an extension of time, the planning commission must make the following findings:
1. The requested extension of time is consistent with the General Plan and any applicable specific plan, and the proposed project remains consistent with those plans as they exist at the time the extension request is being considered;
Y
es
2. The findings made in support of the original approval remain valid and are still appropriate;
Yes
3. There have been no significant changes to the proposed project, or to areas within the geographic proximity of the proposed project that negates the appropriateness of the project, or new information concerning new or substantially more severe environmental effects which would require a reevaluation of the project under the California Environmental Quality Act (CEQA);
No significant changes were made
4. The subject site has been properly maintained in accordance with the Property Maintenance Standards of this Title;
The site was activated as a Graffiti Park in 2019 and has been since maintained in clean and safe fashion as required under the Property Maintenance Standards.
5. The applicant has demonstrated convincingly and clearly that the project will be substantially underway within the extended period.
Consultants for Construction Documents were contracted Summer 2021. The full set of Construction Documents are in their 3rd plan check review, which should be completed during the 2nd quarter 2023. The building permit should be ready by June 2023. As stated ove, construction financing is in place. Grit Development has spent (since final approvals in of May Item 2B - Page 23
2021) in excess of $ 1,8 million for Construction Documents and Plan Check Fees. Total Project Costs of invested Capital to date, which Grit has spent, is in excess of $8 million further evidencing its’ commitment to have this project underway as soon as the Court makes its’ ruling.
6. The applicant has made reasonable, substantial and timely efforts to exercise the and advance the project, such as, but not limited to, the pre-payment of impact fees or submittal of permit applications;
Yes
7. Extenuating circumstances, not within the applicant’s control (financial inability and market conditions excepted), have prevented the applicant from exercising the entitlement within the initial time period granted, but that such circumstances are more likely than not to be removed in time for the applicant to substantially begin the project within the extended period.
(1) Workforce related Productivity challenges triggered by the Pandemic requiring longer time than usual for Grit Developments Consultants and City Plan Checkers to process and respond
(2) State of California interference with local Charter City Status (see Letter by Emily Hemphill
Thank you for your consideration.
M
ichael Braun
Item 2B - Page 24
ATTACHMENT E
Item 2B - Page 25
Item 2B - Page 26
RESOLUTION NO. 24845
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING A
MAJOR ARCHITECTURAL APPLICATION, CASE NO.
3.3908 MAJ, TO CONSTRUCT A SIX STORY MIXED
USE BUILDING WITH 45 RESIDENTIAL UNITS AND
GROUND FLOOR COMMERCIAL LOCATED ON BLOCK
8-1 OF THE DOWNTOWN PALM SPRINGS SPECIFIC
PLAN LOCATED AT THE NORTHEAST CORNER OF
BELARDO ROAD AND MUSEUM WAY, ZONE CBD.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. On December 2, 2009, the City Council made findings, adopted a Mitigation Monitoring and Reporting Program, adopted a Statement of Overriding Considerations, and certified the Museum Market Specific Plan Environmental Impact Report ("Specific Plan EIR") and adopted Ordinance 1764, thereby approving the Museum Market Plaza Specific Plan which covers the land use, development standards and design guidelines for the Specific Plan area.
B. On April 20, 2016, the City Council considered amendments to the Specific Plan, including changing the document name to "Downtown Palm Springs Specific Plan" ("Specific Plan"), modifications of land uses within the different Blocks, adjustments to building heights and other various amendments and changes, and adopted Ordinance 1889 and Resolution 23977 amending the Specific Plan in the form currently approved and reviewed for the purposes of this resolution.
C. DTPS 8-3, LLC, ("Applicant") filed an application (Case 3.3908 MAJ) pursuant to the Specific Plan and Palm Springs Zoning Code (PSZC) Section 94.04.00 for Major Architectural approval to a six-story, 73,300-square foot mixed-use building with 45 residences and ground floor commercial uses on a 0.84-acre site identified as Block 8-1 of the Specific Plan and located at the northeast corner of Belardo Road and Museum Way (the "Project").
D. The Applicant submitted a related Project application (Case TTM 37935) pursuant to the Specific Plan and Palm Springs Municipal Code Title 9 for a Tentative Tract Map approval to subdivide the 0.84-acre property for condominium purposes to allow 45 for sale residences at the property located at the northeast corner of Belardo Road and Museum Way.
E. A earlier iteration of the Project involving a 62-unit, 82,577-square foot residential building was reviewed by the Architectural Advisory Committee (AAC) and Planning Commission as follows:
1. On September 8, 2020, the AAC reviewed the project and continued the matter for further study, directing the applicant to address comments related Item 2B - Page 27
Resolution No. 24845
to massing, design composition, resident experience and circulation, and pedestrian experience of the building.
2. On October 5, 2020, the AAC reviewed revisions to the project and voted 7-0 to recommend denial of the application, based on the development not complying with criterion #3 of the Architectural Review Guidelines in Section
94.04.00 of the Zoning Code. Specifically, the Committee was not in support of the overall massing, the scale of the interior courtyard and generally "flat" vertical design of the building exterior reaching 60-ft height.
3. On October 28, 2020, the Planning Commission held a study session and asked the applicant to consider and expressed concern with the building scale/massing, the size of the interior courtyard relative to the massing, and the ground floor uses not being activated as residential. The Commission took no action at this meeting.
F. In response, the Applicant revised the project by reducing its overall size and scale as follows:
1. 2.
3. 4.
The unit count was reduced from 62 to 45.
The square footage was reduced from 82,577 to 73,300.
The sixth floor was reduced by eliminating the westerly wing.
The westerly wing of floors three thru five was shortened, creating additional natural light into the interior courtyard space.
Additionally, the Applicant has revised the ground floor to include retail uses along Museum Way and Andreas Road.
G. On December 9, 2020, the Planning Commission held a public hearing on the Project in accordance with applicable law; carefully reviewed and considered all of the evidence presented in connection with the hearing on the Project, including, but not limited to, the staff report, and all written and oral testimony presented; and voted 3-2 to recommend denial of Case 3.3908 MAJ and 5-0 to recommend denial of Case TTM 37935.
H. The proposed project is part of a larger project ("Museum Market Plaza Specific Plan" / "Downtown Palm Springs Specific Plan") evaluated and analyzed under the California Environmental Quality Act ("CEQA"). The City certified and Environmental Impact Report (EIR) which analyzed impacts related to the Museum Market Plaza Specific Plan in 2009. Subsequent addenda have been prepared to analyze changes within the Specific Plan area.
The proposed applications are consistent with the environmental analysis prepared. The intensity and density of the project will be consistent with the impacts identified in the EIR and Addenda. No changed circumstances, changes in the environment or changes in regulations have occurred since the certification of the EIR or the adoption of the Addenda. Based on the requirements of the Public Resources Code and the CEQA Guidelines, no additional environmental analysis is required for this project and the mitigation measures previously imposed within the EIR will apply.
Item 2B - Page 28
Resolution No. 24845
I. On January 14, 2021, a public hearing to consider Case 3.3908 MAJ and TTM 37935 was held by the City Council in accordance with applicable law.
J. The City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented.
K. Pursuant to Section 94.04.00(D) of the Palm Springs Zoning Code, the City Council finds:
The City Council has examined the material submitted with the architectural approval application and has examined specific aspects of the design and determined the proposed development will (1) provide desirable environment for its occupants; (2) is compatible with the character of adjacent and surrounding developments, and (3) aesthetically it is of good composition, materials, textures and colors. The City Council's evaluation is based on consideration of the following:
1. Site layout, orientation, location of structures and relationship to one another and to open spaces and topography. Definition of pedestrian and vehicular areas; i.e., sidewalks as distinct from parking lot areas; The project proposes a new six-story building with pedestrian circulation around all sides. Pedestrian pathways will be separated from vehicular streets with curbs and landscape treatment. Pavers, landscaping and sidewalk furniture will provide an enhanced experience on the site. Sidewalks and other walkways are provided to accommodate the change in topography across the site. Pedestrian access is provided to the underground parking via stairways and elevators. Further, the majority of the ground floor street frontage for the project meets the ground floor land use limitation requirements in Section 111.E.1. of the Specific Plan. Therefore, the uses are consistent with the Specific Plan.
2. Harmonious relationship with existing and proposed adjoining developments and in the context of the immediate neighborhood I community, avoiding both excessive variety and monotonous repetition, but allowing similarity of style, if warranted;
The proposed structure is an O-shaped configuration surrounding central courtyard with a void for a third floor pool deck. The upper floors are reduced as the building rises. The height is lower than the hotel to the south. The proposed architecture is of a contemporary style consistent with surrounding development, but introduces design elements and materials of a higher quality than the existing development in the vicinity. The selection of design elements differs from those of the adjacent blocks within the Downtown Specific Plan area, yet they contribute to the overall identity of an up-scale contemporary center.
Item 2B - Page 29
Resolution No. 24845
Page4
3. Maximum height, area, setbacks and overall mass, as well as parts of any structure (buildings, walls, screens, towers or signs) and effective concealment of all mechanical equipment;
The proposed building's overall height will be 60 feet. Exterior elevations show projections at building edges. Mass is divided with exterior building articulation and reduced with less floor area on floors four through six. A large central void above the interior courtyard and third floor pool deck reduces overall building bulk.
Rooftop mechanical will be concealed from view.
4. Building design, materials and colors to be sympathetic with desert surroundings;
The building architecture is contemporary in style, with a color and material palette that includes neutral color tones. The materials include concrete, metal and glass, which are sympathetic with the desert surroundings.
5. Harmony of materials, colors and composition of those elements of a structure, including overhangs, roofs, and substructures which are visible simultaneously;
Covered balconies and walkways are provided, and pedestrian circulation and solar control are integrated into the building design. The upper floor voids allow additional sunlight into the courtyard area and interior-facing units.
6. Consistency of composition and treatment;
The overall design composition of the building is balanced with appropriate solids, voids and the application of neutral gray color tones and glazing around the four sides of the building.
7. Location and type of planting, with regard for desert climate conditions.
Preservation of specimen and landmark trees upon a site, with proper irrigation to insure maintenance of all plant materials; A landscape plan has been submitted and includes a mix of common tree and plant materials used in drought tolerant environments, as well as some identified by Table 111-5, Landscape Palette, of the Specific Plan.
8. Signs and graphics, as understood in architectural design including materials and colors;
Signage is not proposed at this time and will be evaluated under a future submittal.
Item 2B - Page 30
Resolution No. 24845
Page5
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES 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. The Project is consistent with the Environmental Impact Report and subsequent addenda prepared for the Downtown Palm Springs Plan. The preparation of further environmental documentation is not necessary because none of the circumstances triggering further environmental review have occurred since the adoption of the EIR and subsequent Addenda. Accordingly, no further environmental review is required (Public Resources Code§ 21166; Cal. Code Regulations, Title 14, § 15162.).
SECTION 3. Based upon the foregoing, the City Council approves a Major Architectural Application, Case 3.3908 MAJ, for the construction of a six-story mixed-use building with 45 multi-family residences and ground floor commercial on Block B-1 of the Downtown Palm Springs Specific Plan, located at the northeast corner of Belardo Road and Museum Way, subject to the conditions of approval attached herein as Exhibit A.
ADOPTED this 14th day of January, 2021.
Item 2B - Page 31
Resolution No. 24845
Page6
STATE OF CALIFORNIA )
GERTI FICATION
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, Anthony J. Mejia, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24845 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 January 14, 2021, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor Holstege, Mayor Pro Tern Middleton, Councilmember Garner, Councilmember Kors, Councilmember Woods.
None.
None.
None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this o r 0 day of G \) r\J~ M , '2 o:r I . '
Item 2B - Page 32
Resolution No. 24845
EXHIBIT A
Case 3.3908 MAJ & TIM 37935
Northeast corner of Belardo Road and Museum Way
January 14, 2021
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 3.3908 MAJ & TIM 37935, except as modified with the approved Mitigation Monitoring Program and the conditions below.
ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped December 1, 2020, including site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division except as modified by the approved Mitigation Measures and conditions below.
ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The 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 37935. 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 shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees Item 2B - Page 33
Resolution No. 24845
to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case
3.3908 MAJ & TTM 37935. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein.
ADM 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 structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas 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. Approval of the Tentative Tract Map (TTM) and Major Architectural Applications (MAJ) shall be valid for a period of two (2) years from the effective date of the approval. .
ADM 9. Time Extensions. Extensions of time for the Tentative Tract Map may be approved pursuant to Municipal Code Section 9.63.110. Extensions of time for the Major Architectural Application 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 10. 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 Zoning and the Public Arts Commission, and the Item 2B - Page 34
Resolution No. 24845
Page9
property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing.
ADM 11. Park Development Fees. The developer shall dedicate land or pay a fee in lieu of a dedication, at the option of the City. The in-lieu fee shall be computed pursuant to Ordinance No. 1632, Section IV, by multiplying the area of park to be dedicated by the fair market value of the land being developed plus the cost to acquire and improve the property plus the fair share contribution, less any credit given by the City, as may be reasonably determined by the City based upon the formula contained in Ordinance No. 1632. In accordance with the Ordinance, the following areas or features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, development edges, slopes in hillside areas (unless the area includes a public trail) landscaped development entries, meandering streams, land held as open space for wildlife habitat, flood retention facilities and circulation improvements such as bicycle, hiking and equestrian trails (unless such systems are directly linked to the City's community-wide system and shown on the City's master plan).
ADM 12. Comply with City Noise Ordinance. This use shall comply with the provisions of Section 11. 7 4 Noise Ordinance of the Palm Springs Municipal Code.
Violations may result in revocation of this Conditional Use Permit.
ADM 13. 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 14. CC&R's. Prior to recordation of a final Tentative 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.
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 are 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 Item 2B - Page 35
Resolution No. 24845
approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances,
ADM 15. CC&R's Deposits & Fees. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $4,008, 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.
ADM 16. CC&R's Noise Disclosure. The CC&R's shall have a disclosure statement regarding the location of the project relative to roadway noise, City special events, roadway closures for special events and other activities which may occur in the Central Business District, Desert Museum and Desert Fashion Plaza. Said disclosure shall inform perspective buyers about traffic, noise and other activities which may occur in this area.
ADM 17. Notice to Tenants. The applicant shall provide all tenants with a copy of the Conditions of Approval for this project.
ADM 18. 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.
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. Comply with Conditions and Mitigation Measures. The applicant shall comply with all required Standard Conditions and Mitigation Measures identified in the Final Environmental Impact Report, whether or not restated in these conditions of approval. All required plans shall be prepared in conformance with all applicable Standard Conditions and Mitigation Measures.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Water Efficient Landscaping Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs 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 Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the local water agency that they are Item 2B - Page 36
Resolution No. 24845
in conformance with the water agency's and the State's Water Efficient Landscape Ordinances.
PLN 2. Sign Applications Required. No signs are approved by this action. Separate approval and permits shall be required for all signs in accordance with Zoning Ordinance Section 93.20.00. The applicant shall submit a sign program to the Department of Planning Services prior to the issuance of building permits.
PLN 3. Flat Roof 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 equipment 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. Update of City's Zoning Map. Upon approval of the proposed Change of Zone, Tract Map and/or Planned Development District, the applicant shall be responsible for costs associated with update of the City's GIS based zoning maps.
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 I or tentative map. Any deviations from this provision shall require approval by the Planning Commission.
PLN 12. Comply with Green Building & Energy Efficiency. The Applicant shall comply with the requirements in Section "G" of the Downtown Palm Springs Specific Item 2B - Page 37
Resolution No. 24845
Plan, including construction that is consistent with the City's Green Building Program "Tree Level" in effect at the time of issuance of building permit.
PLN 13. Labor Union Agreement. The Applicant shall contract with a local labor union(s) to construct the proposed project as agreed upon at the January 14, 2021 City Council meeting.
PLN 14. AAC Review. Prior to issuance of building permits, the Applicant shall submit plans for AAC review that provide design treatments and details to activate the exteriors of the ground floor around the building.
POLICE DIVISION CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security Codes" of the Palm Springs Municipal Code.
BUILDING DIVISION CONDITIONS
BLD 1. Prior to any construction on-site, all appropriate permits must be secured.
BLD 2. Shall comply with the latest adopted edition of the following codes as applicable:
A. 2019 California Building Code
B. 2019 California Electrical Code
C. 2019 California Mechanical Code
D. 2019 California Plumbing Code
E. 2019 California Energy Code
F. 2019 California Fire Code
G. 2019 California Green Building Standards Code
BLD 3. Any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project shall comply with City Code.
BLD 4. In addition to approval from Building & Safety, approval is required from the County of Riverside, Department of Public Health for occupancies involving fueling stations, commercial pools and foods and beverage.
BLD 5. All exterior lighting shall be oriented, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties.
BLD 6. All development impact fees including but not limited to TUMF, CVMSHCP, Sewer Connection, Park (Quimby) and Public Arts shall be paid at time of permit issuance.
Item 2B - Page 38
Resolution No. 24845
ENGINEERING DIVISION CONDITIONS
ENG. FILE NO.4570. The Engineering Services Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer.
All Grading Plans, Improvement Plans, Required Studies and Documents listed below, must be submitted to Engineering Services Department for review and approval.
STREETS
ENG 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. All improvements are subject to inspection and a 24 to 48 hour inspection notification is required.
ENG 2. All existing materials (Decorative Pavers and Colored Concrete) located in the right of way adjacent to the site shall be matched if removed for construction purposes. Any proposed changes must submitted for review and approval.
ENG 3. All broken or off grade street improvements along the project frontage shall be repaired or replaced.
SANITARY SEWER
ENG 4. All sanitary facilities shall be connected to the public sewer system (via the proposed on-site private sewer system). The existing sewer service to the property shall be used for new sanitary facilities.
GRADING
ENG 5. Submit a Precise Grading Plan prepared by a California registered Civil engineer to the Engineering Services Department for review and approval. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of grading permit.
a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Services Department for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Item 2B - Page 39
Resolution No. 24845
Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Services Department with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM1 0" 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.
DRAINAGE
ENG 6. All stormwater runoff passing through and falling onto the site shall be accepted and conveyed to the existing drainage system of the development.
GENERAL
ENG 7. 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 8. All proposed utility lines shall be installed underground.
ENG 9. All proposed utility lines shall be installed underground. The applicant shall coordinate with Southern California Edison to install underground conduit for future underground service from the street, for use at such time as the existing overhead utilities in the neighborhood are converted to an underground system.
ENG 10. 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 11. 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 2B - Page 40
Resolution No. 24845
ENG 12. 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 13. 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 14. 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 15. 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.
TRAFFIC
ENG 16. 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 17. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy.
ENG 18. 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 Item 2B - Page 41
Resolution No. 24845
FID 3.
FID4.
FID 5.
FID 6.
Appendix "T" Development Requirements. This building will require fire sprinklers and a fire alarm system.
Conditions of Approval - "Conditions of Approval" received from the Palm Springs Planning Department must be submitted with each plan set. Failure to submit will result in a delay of plan approval.
Plans and Permits (CFC 105.1):
Permits and scaled drawings are required for this project. Plan reviews can take up to 20 working days. Submit a minimum of three (3) sets of drawings for review. Upon approval, the Fire Prevention Bureau will retain one set.
Plans shall be submitted to:
City of Palm Springs
Building and Safety Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Counter Hours: 8:00 AM - 6:00 PM, Monday - Thursday
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.
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.
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.
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 Item 2B - Page 42
Resolution No. 24845
FID 7.
leading from fire apparatus access roads to exterior openings shall be provided when required by the fire code official.
Key Box Required to be Installed (CFC 506.1 ): Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be flush mount type and shall contain keys to gain necessary access as required by the fire code official.
Secured emergency access gates serving apartment, town home or condominium complex courtyards must provide a key box in addition to association or facility locks. The nominal height of Knox lock box installations shall be 5 feet above grade. Location and installation of Knox key boxes must be approved by the fire code official.
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. Turning Radius: Fire access road turns and corners shall be designed with a minimum inner radius of 25 feet and an outer radius of 43 feet.
FID 10. NFPA 13 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 accordance with NFPA standard 13, 2016 Editions, as modified by local ordinance.
FID 11. Fire Alarm System Required: An automatic or manual fire alarm system is required. Only a C-10 licensed fire alarm contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 72, 2016 editions, as modified by local ordinance.
FID 12. Dead Ends: Dead-end fire apparatus roads in excess of 150 feet in length shall be provided with an approved area for turning around a fire apparatus.
FID 13. Designated Fire Lanes: In private developments fire lanes shall not be less than 24 feet in width (curb to curb) with no parking on either side and shall be identified.
FID 14. Onsite Water Improvements: Shall add this to your deferred submittal section on your title page.
FID 15. Address: Shall provide 24" addresses for this structure and show location on plans.
Item 2B - Page 43
RESOLUTION NO. 24846
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING A
TENTATIVE TRACT MAP, CASE NO. TTM 37935, TO
CREATE A ONE LOT CONDOMINIUM MAP FOR THE
0.84-ACRE PARCEL TO ALLOW 45 FOR-SALE
RESIDENTIAL UNITS ON BLOCK 8-1 OF THE
DOWNTOWN PALM SPRINGS SPECIFIC PLAN
LOCATED AT THE NORTHEAST CORNER OF
BELARDO ROAD AND MUSEUM WAY, ZONE CBD.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. On December 2, 2009, the City Council made findings, adopted a Mitigation Monitoring and Reporting Program, adopted a Statement of Overriding Considerations, and certified the Museum Market Specific Plan Environmental Impact Report ("Specific Plan EIR") and adopted Ordinance 1764, thereby approving the Museum Market Plaza Specific Plan which covers the land use, development standards and design guidelines for the Specific Plan area.
B. On April 20, 2016, the City Council considered amendments to the Specific Plan, including changing the document name to "Downtown Palm Springs Specific Plan" ("Specific Plan"), modifications of land uses within the different Blocks, adjustments to building heights and other various amendments and changes, and adopted Ordinance 1889 and Resolution 23977 amending the Specific Plan in the form currently approved and reviewed for the purposes of this resolution.
C. DTPS 8-3, LLC, ("Applicant") filed an application (Case TTM 37935) pursuant to the Specific Plan and Palm Springs Municipal Code Title 9 for a Tentative Tract Map approval to subdivide the 0.84-acre property for condominium purposes to allow 45 for sale residences within a proposed six-story, 73,300-square foot mixed-use building on Block B-1 of the Specific Plan, located at the northeast corner of Belardo Road and Museum Way (the "Project").
D. The Applicant submitted a related Project application (Case 3.3908 MAJ) pursuant to the Specific Plan and Palm Springs Zoning Code (PSZC) Section 94.04.00 for Major Architectural approval to a six-story, 73,300-square foot mixed-use building with 45 residences and ground floor commercial uses at the same property.
E. A earlier iteration of the Project involving a 62-unit, 82,577-square foot residential building was reviewed by the Architectural Advisory Committee (AAC) and Planning Commission as follows:
1. On September 8, 2020, the AAC reviewed the project and continued the matter for further study, directing the applicant to address comments related Item 2B - Page 44
Resolution
No.
24846
Page2
to
massing,
design
composition,
resident
experience
and
circulation,
and
pedestrian
experience
of
the
building.
2. On
October
5,
2020,
the
AAC
reviewed
revisions
to
the
project
and
voted
7-0
to
recommend
denial
of
the
application,
based
on
the
development
not
complying
with
criterion
#3
of
the
Architectural
Review
Guidelines
in
Section
94.04.00 of
the
Zoning
Code.
Specifically,
the
Committee
was
not
in
support
of
the
overall
massing,
the
scale
of
the
interior
courtyard
and
generally
"flat"
vertical
design
of
the
building
exterior
reaching
60-ft
height.
3. On
October
28,
2020,
the
Planning
Commission
held
a
study
session
and
asked
the
applicant
to
consider
and
expressed
concern
with
the
building
scale/massing,
the
size
of
the
interior
courtyard
relative
to
the
massing,
and
the
ground
floor
uses
not
being
activated
as
residential.
The
Commission
took
no
action
at
this
meeting.
F.
In
response,
the
Applicant
revised
the
project
by reducing
its
overall
size
and
scale
as
follows:
1. 2. 3. 4.
The
unit
count
was
reduced
from
62 to
45. The
square
footage
was
reduced
from
82,577
to
73,300.
The
sixth
floor
was
reduced
by
eliminating
the
westerly
wing.
The
westerly
wing
of
floors
three
thru
five
was
shortened,
creating
additional
natural
light
into
the
interior
courtyard
space.
Additionally,
the
applicant
has
revised
the
ground
floor
to
include
retail
uses
along
Museum
Way
and
Andreas
Road.
G.
On
December
9,
2020,
the
Planning
Commission
held
a
public
hearing
on
the
Project
in
accordance
with
applicable
law;
carefully
reviewed
and
considered
all
of
the
evidence
presented
in
connection
with
the
hearing
on
the
Project,
including,
but
not
limited
to,
the
staff
report,
and
all
written
and
oral
testimony
presented;
and
voted
3-2
to
recommend
denial
of
Case
3.3908
MAJ
and
5-0
to
recommend
denial
of
Case
TTM
37935. H.
The
proposed
project
is
part
of
a
larger
project ("Museum
Market
Plaza
Specific
Plan"
/
"Downtown
Palm
Springs
Specific
Plan")
evaluated
and
analyzed
under
the
California
Environmental
Quality
Act
("CEQA").
The
City
certified
and
Environmental
Impact
Report
(EIR)
which
analyzed
impacts
related
to
the
Museum
Market
Plaza
Specific
Plan
in
2009.
Subsequent
addenda
have
been
prepared
to
analyze
changes
within
the
Specific
Plan
area.
The
proposed
applications
are
consistent
with
the
environmental
analysis
prepared.
The
intensity
and
density
of
the
project
will
be
consistent
with
the
impacts
identified
in
the
EIR
and
Addenda.
No
changed
circumstances,
changes
in
the
environment
or
changes
in
regulations
have
occurred
since
the
certification
of
the
EIR
or
the
adoption
of
the
Addenda.
Based
on
the
requirements
of
the
Public
Resources
Code
and
the
CEQA
Guidelines,
no
additional
environmental
analysis
is
required
for
this
project
and
the
mitigation
measures
previously
imposed
within
the
EIR
will
apply.
Item 2B - Page 45
Resolution No. 24846
Page3
I. On January 14, 2021, a public hearing to consider Case 3.3908 MAJ and TTM 37935 was held by the City Council in accordance with applicable law.
J. The City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented.
K. Pursuant to Section 66474 of the Subdivision Map Act, the City Council finds:
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 0.84-acre parcel. There will be a total of 45-units within the development, which is a permissible density under the Downtown Palm Springs Specific Plan. Further, the majority of the ground floor street frontage for the project meets the ground floor land use limitation requirements in Section 111.E.1. of the Specific Plan. Therefore, the uses are consistent with the Specific 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 property is located in the CBD zone of the Downtown Palm Springs Specific Plan.
The property is surrounded by streets on three sides and off-site improvements have been completed in accordance with the requirements of the Specific Plan.
3. The site is physically suited for this type of development.
The property is a flat, 0.84-acre parcel that is currently developed with a subterranean parking garage. At grade, there are three streets surrounding the site. The site is physically suited to accommodate a six story building development of roughly 73,300- square feet in size.
4. The site is physically suited for the proposed density of development.
As a 0.84-acre property, the site will accommodate the proposed six-story building that includes 45 residential units and totals roughly 73,300-square feet in size. The proposed density is a 53 units/acre within a single building. The building will be located entirely on the property and the site, therefore, is physically suited for the proposed density of the 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 site was previously disturbed with development and has been improved with a subterranean parking garage, in accordance with previous approvals. Therefore, there Item 2B - Page 46
Resolution
No.
24846
Page4
will
be
no
environmental
damage
related
to
fish,
wildlife
or
their
habitats.
6. The
design
of
the
subdivision
or
type
of
improvements
is
not
likely
to
cause
serious
public
health
problems.
The
site
will
be
developed
with
access
to
all
public
utilities
including
water
and
sewer
systems.
Each
unit
within
the
development
will
be
connected
to
such
utilities.
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.
THE
CITY
COUNCIL
OF
THE
CITY
OF
PALM
SPRINGS
RESOLVES
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. The
Project
is
consistent
with
the
Environmental
Impact
Report
and
subsequent
addenda
prepared
for
the
Downtown
Palm
Springs
Plan.
The
preparation
of
further
environmental
documentation
is
not
necessary
because
none
of
the
circumstances
triggering
further
environmental
review
have
occurred
since
the
adoption
of
the
EIR
and
subsequent
Addenda.
Accordingly,
no
further
environmental
review
is
required
(Public
Resources
Code§
21166;
Cal.
Code
Regulations,
Title
14,
§
15162.).
SECTION
3. Based
upon
the
foregoing,
the
City
Council
approves
a Tentative
Tract
Map,
Case
TIM
37935,
for
a
one-lot
subdivision
of
the
0.84-acre
parcel
to
offer
45 for-sale
residential
condominiums
at
northeast
corner
of
Belardo
Road
and
Museum
Way,
subject
to
the
conditions
of
approval
attached
herein
as
Exhibit
A.
ADOPTED
this
14th
day
of
January,
2021.
~
ATTEST:
Item 2B - Page 47
Resolution No. 24846
Pages
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, Anthony J. Mejia, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24846 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 January 14, 2021, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember Garner, Mayor Pro Tern Middleton, Mayor Holstege.
Councilmember Kors, Councilmember Woods.
None.
None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ~ day of 5: \2,0&9 , c-z.o-z_,( Item 2B - Page 48
Resolution
No.
24846
Page6
EXHIBIT
A
Case
3.3908
MAJ
&
TIM
37935
Northeast
corner
of
Belardo
Road
and
Museum
Way
January
14,
2021
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
3.3908
MAJ
&
TIM
37935,
except
as
modified
with
the
approved
Mitigation
Monitoring
Program
and
the
conditions
below.
ADM
2. Reference
Documents.
The
site
shall
be
developed
and
maintained
in
accordance
with
the
approved
plans,
date
stamped
December
1,
2020,
including
site
plans,
architectural
elevations,
exterior
materials
and
colors,
landscaping,
and
grading
on
file
in
the
Planning
Division
except
as
modified
by
the
approved
Mitigation
Measures
and
conditions
below.
ADM
3. Conform
to
all
Codes
and
Regulations.
The
project
shall
conform
to
the
conditions
contained
herein,
all
applicable
regulations
of
the
Palm
Springs
Zoning
Ordinance,
Municipal
Code,
and
any
other
City
County,
State
and
Federal
Codes,
ordinances,
resolutions
and
laws
that
may
apply.
ADM
4. Minor
Deviations.
The
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
37935.
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
shall
defend,
indemnify,
and
hold
harmless
the
City
of
Palm
Springs,
its
agents,
officers,
and
employees
from
any
claim,
action,
or
proceeding
against
the
City
of
Palm
Springs
or
its
agents,
officers
or
employees
Item 2B - Page 49
Resolution No. 24846
to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case
3.3908 MAJ & TTM 37935. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein.
ADM 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 structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas 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. Approval of the Tentative Tract Map (TTM) and Major Architectural Applications (MAJ) shall be valid for a period of two (2) years from the effective date of the approval. .
ADM 9. Time Extensions. Extensions of time for the Tentative Tract Map may be approved pursuant to Municipal Code Section 9.63.110. Extensions of time for the Major Architectural Application 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 10. 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 Zoning and the Public Arts Commission, and the Item 2B - Page 50
Resolution
No.
24846
Page8
property
owner
shall
enter
into
a
recorded
agreement
to
maintain
the
art
work
and
protect
the
public
rights
of
access
and
viewing.
ADM
11. Park
Development
Fees.
The
developer
shall
dedicate
land
or
pay
a fee
in
lieu
of
a
dedication,
at
the
option
of
the
City.
The
in-lieu
fee
shall
be
computed
pursuant
to
Ordinance
No.
1632,
Section
IV,
by
multiplying
the
area
of
park
to
be
dedicated
by
the
fair
market
value
of
the
land
being
developed
plus
the
cost
to
acquire
and
improve
the
property
plus
the
fair
share
contribution,
less
any
credit
given
by
the
City,
as
may
be
reasonably
determined
by
the
City
based
upon
the
formula
contained
in
Ordinance
No.
1632.
In
accordance
with
the
Ordinance,
the
following
areas
or
features
shall
not
be
eligible
for
private
park
credit:
golf
courses,
yards,
court
areas,
setbacks,
development
edges,
slopes
in
hillside
areas
(unless
the
area
includes
a
public
trail)
landscaped
development
entries,
meandering
streams,
land
held
as
open
space
for
wildlife
habitat,
flood
retention
facilities
and
circulation
improvements
such
as
bicycle,
hiking
and
equestrian
trails
(unless such
systems
are
directly
linked
to
the
City's
community-wide
system
and
shown
on
the
City's
master
plan).
ADM
12. Comply
with
City
Noise
Ordinance.
This
use
shall
comply
with
the
provisions
of
Section
11. 7 4
Noise
Ordinance
of
the
Palm
Springs
Municipal
Code.
Violations
may
result
in
revocation
of
this
Conditional
Use
Permit.
ADM
13. 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
14. CC&R's.
Prior
to
recordation
of
a
final
Tentative
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.
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
are
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
Item 2B - Page 51
Resolution No. 24846
Page9
approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances,
ADM 15. CC&R's Deposits & Fees. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $4,008, for the review of the CC&R's by the City Attorney. A filing fee as outlined in the fee schedule shall also be paid to the City Planning Department for administrative review purposes.
ADM 16. CC&R's Noise Disclosure. The CC&R's shall have a disclosure statement regarding the location of the project relative to roadway noise, City special events, roadway closures for special events and other activities which may occur in the Central Business District, Desert Museum and Desert Fashion Plaza. Said disclosure shall inform perspective buyers about traffic, noise and other activities which may occur in thi$ area.
ADM 17. Notice to Tenants. The applicant shall provide all tenants with a copy of the Conditions of Approval for this project.
ADM 18. 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.
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. Comply with Conditions and Mitigation Measures. The applicant shall comply with all required Standard Conditions and Mitigation Measures identified in the Final Environmental Impact Report, whether or not restated in these conditions of approval. All required plans shall be prepared in conformance with all applicable Standard Conditions and Mitigation Measures.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Water Efficient Landscaping Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs 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 Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the local water agency that they are Item 2B - Page 52
Resolution
No.
24846
Page
10 in
conformance
with
the
water
agency's
and
the
State's
Water
Efficient
Landscape
Ordinances.
PLN
2. Sign
Applications
Required.
No
signs
are
approved
by
this
action.
Separate
approval
and
permits
shall
be
required
for
all
signs
in
accordance
with
Zoning
Ordinance
Section
93.20.00. The
applicant
shall
submit
a
sign
program
to
the
Department
of
Planning
Services
prior
to
the
issuance
of
building
permits.
PLN
3. Flat
Roof
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
equipment
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. Update
of
City's
Zoning
Map.
Upon
approval
of
the
proposed
Change
of
Zone,
Tract
Map
and/or
Planned
Development
District,
the
applicant
shall
be
responsible
for
costs
associated
with
update
of
the
City's
GIS
based
zoning
maps.
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.
PLN
12. (add
any
additional
conditions
imposed
by
the
Planning
Commission
or
City
Council
here)
Item 2B - Page 53
Resolution No. 24846
POLICE DIVISION CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security Codes" of the Palm Springs Municipal Code.
BUILDING DIVISION CONDITIONS
BLD 1. Prior to any construction on-site, all appropriate permits must be secured.
BLD 2. Shall comply with the latest adopted edition of the following codes as applicable:
A. 2019 California Building Code
B. 2019 California Electrical Code
C. 2019 California Mechanical Code
D. 2019 California Plumbing Code
E. 2019 California Energy Code
F. 2019 California Fire Code
G. 2019 California Green Building Standards Code
BLD 3. Any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project shall comply with City Code.
BLD 4. In addition to approval from Building & Safety, approval is required from the County of Riverside, Department of Public Health for occupancies involving fueling stations, commercial pools and foods and beverage.
BLD 5. All exterior lighting shall be oriented, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties.
BLD 6. All development impact fees including but not limited to TUMF, CVMSHCP, Sewer Connection, Park (Quimby) and Public Arts shall be paid at time of permit issuance.
ENGINEERING DIVISION CONDITIONS
ENG. FILE NO.4570. 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.
Item 2B - Page 54
Resolution
No.
24846
Page
12 STREETS ENG
1. Any
improvements
within
the
public
right-of-way
require
a
City
of
Palm
Springs
Encroachment
Permit.
All
improvements
are
subject
to
inspection
and
a
24 to
48 hour
inspection
notification
is
required.
ENG
2. All
existing
materials
(Decorative
Pavers
and
Colored
Concrete)
located
in
the
right
of
way
adjacent
to
the
site
shall
be
matched
if
removed
for
construction
purposes.
Any
proposed
changes
must
submitted
for
review
and
approval.
ENG
3. All
broken
or
off
grade
street
improvements
along
the
project
frontage
shall
be
repaired
or
replaced.
SANITARY
SEWER
ENG
4. All
sanitary
facilities
shall
be
connected
to
the
public
sewer
system
(via
the
proposed
on-site
private
sewer
system).
The
existing
sewer
service
to
the
property
shall
be
used
for
new
sanitary
facilities.
GRADING ENG
5. Submit
a
Precise
Grading
Plan
prepared
by
a
California
registered
Civil
engineer
to
the
Engineering
Services Department
for
review
and
approval.
The
Precise
Grading
Plan
shall
be
approved
by
the
City
Engineer
prior
to
issuance
of
grading
permit.
a.
A
Fugitive
Dust
Control
Plan
shall
be
prepared
by
the
applicant
and/or
its
grading
contractor
and
submitted
to
the
Engineering
Services
Department
for
review
and
approval.
The
applicant
and/or
its
grading
contractor
shall
be
required
to
comply
with
Chapter
8.50 of
the
City
of
Palm
Springs
Municipal
Code,
and
shall
be
required
to
utilize
one
or
more
"Coachella
Valley
Best
Available
Control
Measures"
as
identified
in
the
Coachella
Valley Fugitive
Dust
Control
Handbook
for
each
fugitive
dust
source
such
that
the
applicable
performance
standards
are
met.
The
applicant's
or
its
contractor's
Fugitive
Dust
Control
Plan
shall
be
prepared
by
staff
that
has
completed
the
South
Coast
Air
Quality
Management
District
(AQMD)
Coachella
Valley Fugitive
Dust
Control
Class.
The
applicant
and/or
its
grading
contractor
shall
provide
the
Engineering
Services
Department
with
current
and
valid
Certificate(s)
of
Completion
from
AQMD
for
staff
that
have
completed
the
required
training.
For
information
on
attending
a
Fugitive
Dust
Control
Class
and
information
on
the
Coachella
Valley
Fugitive
Dust
Control
Handbook
and
related
"PM
10 11
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.
Item 2B - Page 55
Resolution No. 24846
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.
DRAINAGE
ENG 6. All stormwater runoff passing through and falling onto the site shall be accepted and conveyed to the existing drainage system of the development.
GENERAL
ENG 7. 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 8. All proposed utility lines shall be installed underground.
ENG 9. All proposed utility lines shall be installed underground. The applicant shall coordinate with Southern California Edison to install underground conduit for future underground service from the street, for use at such time as the existing overhead utilities in the neighborhood are converted to an underground system.
ENG 10. 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 11. 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.
ENG 12. 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 13. 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.
Item 2B - Page 56
Resolution
No
. 24846
Page
14 ENG
14. 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
15. 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.
TRAFFIC ENG
16. 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
17. All
damaged,
destroyed,
or
modified
pavement
legends,
traffic
control
devices,
signing,
striping,
and
street
lights,
associated
with
the
proposed
development
shall
be
replaced
as
required
by
the
City
Engineer
prior
to
issuance
of
a
Certificate
of
Occupancy.
ENG
18. 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.
This
building
will
require
fire
sprinklers
and
a
fire
alarm
system.
FID
3. Conditions
of
Approval
-
"Conditions
of
Approval"
received
from
the
Palm
Springs
Planning
Department
must
be
submitted
with
each
plan
set.
Failure
to
submit
will
result
in
a
delay
of
plan
approval.
FID
4. Plans
and
Permits
(CFC
105.1):
Permits
and
scaled
drawings
are
required
for
this
project.
Plan
reviews
can
take
up
to
20 working
days.
Submit
a
minimum
of
three
(3)
sets
of
drawings
for
review.
Upon
approval,
the
Fire
Prevention
Bureau
will
retain
one
set.
Plans
shall
be
submitted
to:
Item 2B - Page 57
Resolution No. 24846
FID 5.
FID 6.
FID 7.
City of Palm Springs
Building and Safety Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Counter Hours: 8:00 AM -6:00 PM, Monday -Thursday
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.
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.
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.
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.
Key Box Required to be Installed (CFC 506.1): Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be flush mount type and shall contain keys to gain necessary access as required by the fire code official.
Secured emergency access gates serving apartment, town home or condominium complex courtyards must provide a key box in addition to association or facility locks. The nominal height of Knox lock box installations shall be 5 feet above grade. Location and installation of Knox key boxes must Item 2B - Page 58
Resolution
No.
24846
Page
16 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. Turning
Radius:
Fire
access
road
turns
and
corners
shall
be
designed
with
a
minimum
inner
radius
of
25 feet
and
an
outer
radius
of
43 feet.
FID
10. NFPA
13 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
accordance
with
NFPA
standard
13,
2016
Editions,
as
modified
by
local
ordinance.
FID
11. Fire
Alarm
System
Required:
An
automatic
or
manual
fire
alarm
system
is
required.
Only
a
C-10
licensed
fire
alarm
contractor
shall
perform
system
design
. and
installation.
System
to
be
designed
and
installed
in
accordance
with
NFPA
standard
72,
2016
editions,
as
modified
by
local
ordinance.
FID
12. Dead
Ends:
Dead-end
fire
apparatus
roads
in
excess
of
150
feet
in
length
shall
be
provided
with
an
approved
area
for
turning
around
a
fire
apparatus.
FID
13. Designated
Fire
Lanes:
In
private
developments
fire
lanes
shall
not
be
less
than
24 feet
in
width
(curb
to
curb)
with
no
parking
on
either
side
and
shall
be
identified.
FID
14. Onsite
Water
Improvements:
Shall
add
this
to
your
deferred
submittal
section
on
your
title
page.
FID
15. Address:
Shall
provide
24"
addresses
for
this
structure
and
show
location
on
plans.
FID
16. Standpipes
(CFC
905):
Standpipe
systems
shall
be
provided
in
new
buildings
and
structures
in
accordance
with
Sections 905.2
through
905.11.
FID
17. Emergency
Responder
Radio
Coverage
in
New
Buildings
(CFC
510.1):
New
buildings
shall
have
approved
radio
coverage
for
emergency responders
within
the
building
based
on
the
existing
coverage
levels
of
the
public
safety
communication
systems
utilized
by
the
jurisdiction,
measured
at
the
exterior
of
the
building.
FID
18. Rooftop
Gardens
and
Landscaped
Roofs
(CFC
317):
Rooftop
gardens
and
landscaped
roofs
shall
be
installed
and
maintained
in
accordance
with
Sections
317.2
through
317.5
and
Sections
1505
and
1507.16
of
the
California
Building
Code.
END
OF
CONDITIONS
Item 2B - Page 59
Resolution No. 24845
FID 16. Standpipes (CFC 905): Standpipe systems shall be provided in new buildings and structures in accordance with Sections 905.2 through 905.11.
FID 17. Emergency Responder Radio Coverage in New Buildings (CFC 510.1):
New buildings shall have approved radio coverage for emergency responders within the building based on the existing coverage levels of the public safety communication systems utilized by the jurisdiction, measured at the exterior of the building.
FID 18. Rooftop Gardens and Landscaped Roofs (CFC 317): Rooftop gardens and landscaped roofs shall be installed and maintained in accordance with Sections 317 .2 through 317 .5 and Sections 1505 and 1507 .16 of the California Building Code.
END OF CONDITIONS
ATTACHMENT F
Item 2B - Page 60
Item 2B - Page 61
Who Must File?
CITY OF PALM SPRINGS
PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City's board or commissions.
Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City's Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an beneficial ownership interest of five percent (5%) or more.
When Must I File?
You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.
(Revised 09 13 18)
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)
Item 2B - Page 62
What Must I Disclose?
A. The names of all natural persons who are officers, directors, members, managers , trustees , and other fiduciaries serv ing trusts or other types of organ izations (attorneys , accountan ts, etc.).
Note: (1) you must make these disclosures in relation to the applicant entity, and also in relation to any related entity that owns a pa,t of, or makes a profit based upon the business of the applicant entity. Disclosures may include parent, subsidiary or affiliated entities of the applicant entity; (2) if any entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed).
B. The names of persons owning a beneficial interest of five percent (5%) or more in your entity, Owners/investors who have such an interest hold either investment power or voting power, i.e., they can (i) sell or transfer their interest, or (i) vote their interest in management decisions.
NOTE: USE ADDITIONAL PAGES AS NECESSARY
What if I Have Questions?
If you have any questions about how to complete this form, please contact:
City Attorney , Edward Z. Kotkin (email: [email protected] )
PENALTIES
Falsificat ion of informa tion or failure to report informat ion required to be reported may subject you to admin istrat ive action by the City. (Revised 09 13 18)
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 09 13 18)
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principle Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California? Yes No
5. Type of Entity
Corporation Limited Liability Company Partnership Trust Other (please specify)
6. Officers, Directors, Members, Mana gers, Trustees, Other Fiduciaries (please s pecify) Note: If any response is not a natural pers on, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _________________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
_________________________
________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
_________________________
________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
DTPS B-3 LLC
201 N. Palm Canyon Dr. Ste 200, Palm Springs CA 92262
California
X
Michael Braun
Octavio Fernandez X
Item 2B - Page 63
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE FORM APPLICANT DISCLOSURE FORM
(Revised 09 13.18)
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE
DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and
name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity and
name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and
name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and
name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and
name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and
name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date Palm Springs Promenade, LLC PSP LLC owned 91% GRIT Development LLC and 8% Michael Braun. GRIT Development owned by
Wessman Family Trust, Trustees Sandra Wessman
and Michael Braun
100% ownership of Capital and all voting rights
80% Profits interest
Michael Braun - Economic Interest only, no voting rights, 10% Profits Interest
Octavio Fernandez Economic Interest only, no voting rights, 10% Profits Interest
Michael Braun Manager December 27, 2018
Item 2B - Page 64
ATTACHMENT G
Item 2B - Page 65
Item 2B - Page 66
Item 2B - Page 67
ATTACHMENT H
Item 2B - Page 68
Item 2B - Page 69
CITY COUNCIL STAFF REPORT
02/21/2023
SUBJECT:
CONDUCT A PUBLIC HEARING UNDER SECTION 53083 OF THE CALIFORNIA
GOVERNMENT CODE TO APPROVE A HOTEL OPERATIONS COVENANT
BETWEEN THE CITY OF PALM SPRINGS AND BELL LOFTS, LLC, A
CALIFORNIA LIMITED COMPANY (DBA DESCANSO RESORT) PURSUANT TO
THE CITY'S HOTEL OPERATIONS INCENTIVE PROGRAM
RECOMMENDATION:
Open the public hearing and receive public testimony.1.
Approve a Hotel Operations Covenant Agreement with Bell Lofts, LLC for the Descanso Resort located at 288 East Camino Monte Vista.
2. Authorize the City Manager to execute all necessary documents.3.
Attachments
Item 2C
CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 21, 2023 PUBLIC HEARING
SUBJECT: CONDUCT A PUBLIC HEARING UNDER SECTION 53083 OF THE
CALIFORNIA GOVERNMENT CODE TO APPROVE A HOTEL
OPERATIONS COVENANT BETWEEN THE CITY OF PALM SPRINGS
AND BELL LOFTS, LLC, A CALIFORNIA LIMITED COMPANY, (DBA
DESCANSO RESORT) PURSUANT TO THE CITY 'S HOTEL
OPERATIONS INCENTIVE PROGRAM
FROM: Teresa Gallavan, Interim City Manager
BY: Community & Economic Development Department
SUMMARY:
As a condition of receiving the benefits of the City 's Hotel Operations Incentive Program (Program), an operator is required to execute and record an Operations Covenant on the property to ensure that the hotel will be operated and maintained continuously as a hotel consistent with the Program. Furthermore, before granting an economic development subsidy of $100,000 or greater, California Government Code Section 53083 requires that local agencies provide public notice and conduct a hearing regarding the economic development subsidy. This action is to approve the Operations Covenant agreement with Bell Lofts, LLC, (Operator) for the Descanso Resort (Project), located at 288 East Camino Monte Vista and to satisfy the requirement for a public hearing.
RECOMMENDATION:
1) Open the public hearing and receive public testimony.
2) Approve a Hotel Operations Covenant Agreement with Bell Lofts, LLC for the Descanso Resort located at 288 East Camino Monte Vista.
3) Authorize the City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
The property is owned by Bell Lofts, LLC – Fredrick Ross is the Principal of the LLC. A Public Integrity Disclosure form is provided as Attachment A.
Item 2C - Page 1
City Council Staff Report
February 21, 2023 -- Page 2
Descanso Resort Hotel Operations Covenant
BACKGROUND:
The Cit
y Council adopted Chapter 5.26 of the Palm Springs Municipal Code in December 2007 (amended on May 15, 2013 and February 6, 2019) to provide the Program for the operation and maintenance of hotel facilities that enhance the tourist and travel experience for visitors to the City, maximize the use of the City 's Convention Center, provide attractive and desirable visitor -serving facilities and experiences, and assist the City in achieving its tourism goals.
In October 2013, Section 53083 was added to the California Government Code.
Section 53083 states that before granting an economic development subsidy, each local agency shall provide public notice and conduct a hearing regarding the economic development subsidy. "Economic development subsidy" under Section 53083 means any expenditure of public funds or loss of revenue to a local agency in the amount of one hundred thousand dollars ($100,000) or more, for the purpose of stimulating economic development within the jurisdiction of a local agency, including, but not limited to, bonds, grants, loans, loan guarantees, enterprise zone or empowerment zone incentives, fee waivers, land price subsidies, matching funds, tax abatements, tax exemptions, and tax credits.
STAFF ANALYSIS:
The O
perator has committed to a property improvement project resulting in investment of no less than the equivalent of five thousand dollars ($5,000) per room ; the hotel renovation project was completed in January 2022. Upon City Council approval and after the City’s execution of the Operation Covenant Agreement ( Attachment B), Bell Lofts, LLC will provide satisfactory documentation certifying its recent renovation and completion of the project as a qualified renovation under the Program.
The Descanso Resort is located at 288 East Camino Monte Vista and consists of 15 total hotel rooms. The renovation project includes upgraded amenities to improve the guest experience. Improvements to the quality and design of the interior and exterior , furniture, art, gardens, and numerous back-of-house equipment improvements have been made. This includes new beds, furniture, window coverings, carpeting, art, chaise lounges, chairs, tables, umbrellas, planters, lobby desk, tile, wall coverings, kitchen appliances, dishware, seating, room accessories, laundry equipment, door hardware, signage, painting, WIFI equipment, EV car chargers, linens, towels, and robes.
Consistent with the provisions of the Program, the Operator now agrees to place
restrictions upon the use and operation of the hotel, to ensure that the Project shall be operated and maintained continuously as a hotel available for short-term rentals.
The hotel operator also agrees to participate in the Palm Springs Convention Center's Committable Rooms Program and provide designated room -nights per month for official City use. City will share a percentage of Transient Occupancy Tax Increment with Operator pursuant to the Program guidelines.
Item 2C - Page 2
City Council Staff Report
February 21, 2023 -- Page 3
Descanso Resort Hotel Operations Covenant
As noted above, California Government Code Section 53083 requires a public hearing for economic development subsidies where expenditure of public funds in the amount of one hundred thousand dollars ($100,000) or more, for the purpose of stimulating economic development within the jurisdiction of a local agency. Accordingly, before approving such economic development subsidies, the local jurisdiction is to provide specific information in written form available to the public, and through its Internet Web site.
For the Descanso Resort the information is as follows:
1. The name and address of all corporations or any other business entities, except for sole proprietorships, that are the beneficiary of the economic development subsidy, if applicable.
Operator is a single purpose entity domiciled in the State of California doing business from 288 East Camino Monte Vista, Palm Springs, CA 92262. The Agent for service of process to Operator is Descanso Resort, doing business at 288 East Camino Monte Vista, Palm Springs, CA 92262.
2. The start and end dates and schedule, if applicable, for the economic development subsidy.
If approved, the Covenant would provide an economic subsidy to Operator through a term of ten (10) years, or until the Operator has received $640,000 pursuant to the Program, whichever event occurs first.
3. A description of the economic development subsidy, including the estimated total amount of the expenditure of public funds by, or of revenue lost to, the local agency as a result of the economic development subsidy.
A. The Program provides operating assistance to hotels in the form of a rebate of adjusted transient occupancy tax (“Adjusted TOT”) at a fixed level for existing hotels that meet Program criteria. The City Council has adopted the Phase II Renovation Project Program for improvement project construc ted by an existing hotel that invests no less than the equivalent of five thousand dollars ($5,000) per room, including this project.
B. Per the Program, the existing hotel project planned by Operator is rebated 50% of Adjusted TOT for ten (10) years or until the rebate totals $640,000, whichever comes first.
For purposes of the Covenant, an existing Hotel is defined as a property improvement project constructed by an existing hotel that invests no less than the equivalent of five thousand dollars ($5,000) per room. The renovation project must commence no more than twelve months after the City’s execution of the Operation Covenant Agreement and be completed no later than December 31, 2023.
C. The public funds to be spent , if the City approves this Covenant , will be the staff costs of administration, and statutorily mandated reporting through the term of the Program rebate/subsidy.
Item 2C - Page 3
City Council Staff Report
February 21, 2023 -- Page 4
Descanso Resort Hotel Operations Covenant
4. A statement of the public purposes for the economic development subsidy.
A. The City Council established the incentive program for the operation and maintenance of quality and first-class hotel facilities which enhance the tourist and travel experience for visitors to the City of Palm Springs, maximize the use of the City ’s convention center, provide attractive and desirable visitor serv ing facilities and experiences, and assist the City in achieving its tourism goals. In the implementation of this program, the City Council determined: (1) The general welfare and material wellbeing of the residents of the City of Palm Springs depend in large measure upon the growth and expansion of the tourism and travel industries in the City ; ( 2) The operation, maintenance, and expansion of the inventory of quality hotels and first class hotels in the City of Palm Springs will create desirable visitor serving facilities that will contribute to the growth and expansion of tourism and travel opportunities in the City, ensure utilization of the City’s convention center, provide employment opportunities for the residents of the City, and promote and enhance the economy of the City; (3) It is in the best interest of the City of Palm Springs to induce and encourage the, operation, and maintenance of hotel facilities that would not otherwise exist, thereby creating new sources of tax revenues for the City’s general fund which supports the public services that the City provides its residents; and ( 4) The authority granted and the purposes to be accomplished are properly local governmental and public purposes for which public funds can be expended and that the operation, maintenance, and expansion of the inventory of quality and f irst class hotels is of paramount importance to the City of Palm Springs, its residents, and businesses. (Ord. 1730 § 2, 2008)
B. No less than five thousand dollars ($5,000) per room, or if the project includes any common area or amenity, or any other area for guest use at the hotel, the amount of the investment shall not be less than the amount, if any, invested in rooms, added to the total number of rooms at the hotel that will exist at the end of the project multiplied by five thousand dollars ($5,000).
C. The Project would help beautify the neighborhood through and implement energy saving and sustainable components.
5. Projected tax revenue to the local agency as a result of the economic development subsidy.
A. Per the Program, the City will receive 50% of Adjusted TOT for ten (10) years or until the rebate to the Operator totals $640,000, whichever comes first. It is estimated the City will receive $82,758 of Adjusted TOT annually during the first ten years of the Project’s operations. After ten (10) years the City will receive 100% of the TOT revenue.
B. In addition to Adjusted TOT revenue received, it is estimated that the Project will yield $14,624 of non-TOT tax revenue per year, e.g., property tax, “on-site” sales tax on purchases by guests, etc.
6. Estimated number of jobs created by the economic development subsidy, broken down by full-time, part-time, and temporary positions.
The Operator anticipates increasing employment by six (6) 3/4- time positions. The estimated annual payroll for employees and contracted services will exceed $400,000.
Contracted services include pool service, laundry service, and maintenance.
Item 2C - Page 4
City Council Staff Report
February 21, 2023 -- Page 5
Descanso Resort Hotel Operations Covenant
Project Description
The Descanso Resort is located at 288 East Camino Monte Vista and consists of 15 total hotel rooms. The project location is shown in Figure 1.
Figure 1
The Project site is approximately 0.33 acres located on the north side of East Camino Monte Vista. The building was constructed over 64 years ago in the late 1950’s.
No square footage additions are proposed to the Descanso Resort buildings. All improvements will occur within the current footprint of the site and be completed on all guest rooms as part of the Project. Additionally, Bell Lofts, LLC expect the renovations, upgrades, and enhancements to bring a heightened level of experience to their guests, thereby increasing occupancy, revenues, and tax receipts.
Images of the upgrades are provided below:
Item 2C - Page 5
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Regional
,-,IHJtc-1 C.nl•t
City Council Staff Report
February 21, 2023 -- Page 6
Descanso Resort Hotel Operations Covenant
Carpeting, Furniture, Wall Treatments, Bed
Flooring, Reception Area, Furniture, Paint, Window Treatments
Item 2C - Page 6
City Council Staff Report
February 21, 2023 -- Page 7
Descanso Resort Hotel Operations Covenant
Kitchen Equipment and Amenities
Item 2C - Page 7
City Council Staff Report
February 21, 2023 -- Page 8
Descanso Resort Hotel Operations Covenant
Kitchen Equipment and Amenities (cont.)
Furniture, Paint, Window, Plants
Item 2C - Page 8
City Council Staff Report
February 21, 2023 -- Page 9
Descanso Resort Hotel Operations Covenant
Exterior Lounges and Umbrellas
Landscaping
Item 2C - Page 9
City Council Staff Report
February 21, 2023 -- Page 10
Descanso Resort Hotel Operations Covenant
ENVIRONMENTAL ASSESSMENT:
The extension of the Program considered at this time is not a “project” for purposes of the California Environmental Quality Act (CEQA), as that term is defined by CEQA guidelines (Guidelines) section 15378. This action is organizational or administrative activity by the City of Palm Springs in furtherance of its police power and will not result in a direct or indirect physical change in the environment, per section 15378(b)(5) of the Guidelines.
ALIGNMENT WITH STRATEGIC PLANNING:
Quality of Life (1D), Advance Economic Development – Stimulate investment in activities that create living wage employment opportunities and increase livability of the community.
FISCAL IMPACT
:
An amount equal to 50% of transient occupancy tax increment derived from the Descanso Hotel, over the annual base amount, will be paid to the Operator for a ten-
year period.
REVIEWED BY:
Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. Public Integrity Disclosure Form
B. Hotel Operations Covenant Agreement-Bell Lofts, LLC
Item 2C - Page 10
ATTACHMENT A
Item 2C - Page 11
Item 2C - Page 12
1. Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Bell Lofts, LLC - OBA Descanso Resort
2. Address of Entity (Principle Place of Business)
288 E Camino Monte Vista, Palm Springs, CA 92262
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State Minnesota
If other than California, is the Entitv also registered in California? fxl 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 509 Sycamore LLC D Officer D Director ~ 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
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 2C - Page 13
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.
509 Sycamore LLC 100%, Bell Lofts 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 entity]
I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Date
May 8, 2022
Fredrick Ross, Mana in Member
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
(Revised 05/16/19)
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Item 2C - Page 14
1. Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
509 Sycamore LLC
2. Address of Entity (Principle Place of Business)
281 Perkins Street, Oakland, CA 92262
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State If other than California, is the Entity also reaistered in California? ~ Yes n No
5. Type of Entity
D Corporation IB] 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 James Hansen Revocable Living Trust D Officer D Director IB] Member D Manager [name]
D General Partner D Limited Partner
Other
Fredrick Baker Ross Revocable Living Trust D Officer D Director IB] Member D Manager [name]
D General Partner D Limited Partner
Other
Ward/Duran Revocable Living Trust D Officer D Director IB] Member D Manager (Revised 05/16/19)
[name]
D General Partner D Limited Partner
Other
CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Item 2C - Page 15
1. Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
509 Sycamore LLC
2. Address of Entity (Principle Place of Business)
281 Perkins Street, Oakland, CA 92262
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State If other than California, is the Entitv also re9istered in California? n Yes n No
5. Type of Entity
D Corporation [g] 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 Noritaka Maeda
David Amos
(Revised 05/16/19)
D Officer D Director [g] Member D Manager
[name]
D General Partner D Limited Partner
Other
D Officer D Director [g] 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 2C - Page 16
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 entitvl
A.
Hansen Revocable Living Trust 25%, 509 Sycamore LLC
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
Ross Revocable Living Trust 25%, 509 Sycamore LLC
[name of owner/investor] [percentage of beneficial interest in entity and name of entityl
C.
Ward/Duran Revocable Living Trust 25%, 509 Sycamore LLC [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
Noritaka Maeda 12.5%, 509 Sycamore LLC
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
David Amos 12.5%, 509 Sycamore LLC
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
I DECLARE UNDER PENAL TY 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 May 8, 2022
Fredrick
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
(Revised 05/16/19)
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
ATTACHMENT B
Item 2C - Page 17
1 FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
THE CITY OF PALM SPRINGS
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attention: City Clerk
(Space Above This Line for Recorder's Office Use Only)
OPERATIONS COVENANT
THIS OPERATIONS COVENANT AND DECLARATION OF COVENANTS AND RESTRICTIONS ("Agreement" or “Covenant”) is made and entered into this ____ day of _________, 2023, by and between the CITY OF PALM SPRINGS, a municipal corporation and charter city ("City"), and BELL LOFTS , LLC , a California Limited Partnership ("Owner" or “Participant”).
R E C I T A L S:
A. The City of Palm Springs adopted Chapter 5.26 of its Municipal Code in December, 2007 to provide a Hotel Operations Incentive Program ("Program") for the operat ion and maintenance of Hotel facilities that enhance the tourist and travel experience for visitors to the City, maximize the use of the City's Convention Center, provide attractive and desirable visitor serving facilities and experiences, and assist the C ity in achieving its tourism goals. (Chapter 5.26 of the Municipal code is incorporated herein by reference and defined terms therein shall, unless otherwise indicated, have the same meanings herein.)
B. On February 6, 2019, the City of Palm Springs amend ed Chapter 5.26 of its Municipal Code (“PSMC”) to re-establish the Program for Renovation Hotels as defined in Chapter
5.26 of the PSMC for the operation and maintenance of Hotel facilities that enhance the tourist and travel experience for visitors to the City, that assist the City in achieving its tourism goals.
C. On March 29, 2022 , Owner applied for the Program and has provided satisfactory documentation certifying its renovation project as a qualified renovation program under the Program. BELL LOFTS , LL C DBA Descanso Resort ("Owner's Hotel" or "Project"), generally located at 288 East Camino Monte Vista Palm Springs, California, consists of fifteen (15) total hotel rooms on that certain real property located in the City of Palm Springs, County of Riverside, State of California, legally described on the Legal Description attached hereto as Exhibit "A" and incorporated herein by reference (the "Site").
D. City and Owner now desire to place restrictions upon the use and operation of the Project, in order to ensure that the Project shall be operated continuously as a hotel available for short-term rental for the term of this Agreement.
E. City and Owner also agree that in return for participation in the Program, Owner shall agree to operate the Project as a hotel; participate in the Palm Springs Convention Center's Item 2C - Page 18
2 Committable Rooms Program; and provide City with a minimum of two (2) room-nights per month for official City use; and, City agrees to share a percentage of Transient Occupancy Tax Increment with Owner pursuant to the Program guidelines.
F. The City finds that the approval of this Covenant is Categorically Exempt from CEQA under Section 15301 of the California Administrative Code as the Hotel Operations Incentive Program applicable to Owner's Hotel applies to the operation, repair, maintenance, or minor alteration of existing structures, facilities, mechanical equipment involving no material expansion of use beyond that previously existing.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Participant hereby conveys to the City the Operating Covenants described herein and City hereby agrees to provide Owner with funds as provided under the Program and as set forth hereinafter.
ARTICLE 1
STATEMENT OF OPERATING COVENANTS
1.1. OPERATION AND USE COVENANT . Upon occupancy, Owner covenants to operate, maintain, and use the Descanso Resort in accordance with this Agreement. All uses conducted on the Site, including, without limitation, all activities undertaken by the Owner pursuant to this Agreement shall, in all material respects, conform to requirements of this Agreement and Palm Springs Municipal Code (PSMC).
1.2. HOTEL USE. The Owner hereby agrees that the Project is to be owned, managed, and operated as a hotel (as defined by 5.36.020 of the PSMC) in a first -class manner, and the Project's participation in the Program shall continue in accordance with t he terms of the Program, for a term equal to ten (10) years, commencing upon the date Owner first receives from the City the Owner's share of transient occupancy tax revenues pursuant to the Program unless and until Owner's participation in the Program is terminated prior thereto in accordance with this Agreement (the "Term").
1. Housing Uses Prohibited. None of the rooms in the Project will at any time be utilized as a non -transient residential property including dormitory, fraternity or sorority house, rooming house, nursing home, hospital, sanitarium, or trailer court or park without the City's prior consent which consent may be given or withheld in its sole and absolute discretion.
2. Conversion of Project. No part of the Project will at any time be owned by a cooperative housing corporation, nor shall the Owner take any steps in connection with the conversion to such ownership or uses to condominiums, or to any other form of ownership, without the prior written approval of the City Council which approval may be given or withheld in its sole and absolute discretion.
Item 2C - Page 19
3 ARTICLE 2
WARRANTIES AND COVENANTS
2.1. WARRANTIES AND COVENANTS. For the Term of this Agreement, the Owner hereby represents, covenants, warrants and agrees as follows:
1. Owner has completed the City's application for the Hotel Operations Incentive Program. The City has determined the Transient Occupancy Tax Base to be used to calculate the Transient Occupancy Tax Increment shall be $27,414.27, and the Owner accepts such Transient Occupancy Tax Base.
2. Owner hereby agrees to subscribe to the Palm Springs Convention Center's Committable Rooms Program or any similar successor program as identified by the City Manager without being obligated to incur any additional costs or expenses.
3. Upon City's prior request, Owner shall provide the City at no cost two (2) rooms for one (1) night (or 1 room for 2 nights) other than Friday or Saturday nights each month for use for City purposes as approved or designated by the City Manager , provided that such use by the City shall be subject to the rooms being available at the time of the City's request. Such accommodations shall include all services and amenities for which the Owner would normally collect transient occupancy taxes but will not in clude services and amenities that are optional to the transient and for which the transient is not required to pay a transient occupancy taxes. City shall be responsible for any transient occupancy taxes for any occupancy provided to City under the provis ions of this paragraph. Notwithstanding anything in this Agreement to the contrary, if the City does not use rooms during any month, then its right to use rooms with respect to that month shall expire at the end of that month and shall not accrue ; provided, however, if the City was unable to use room s solely because Owner's Hotel had no rooms available when the City requested a room in accordance with this Section 2.1.3, then, the City's right to use rooms shall not expire and may be used by the City in the next subsequent month.
ARTICLE 3
MAINTENANCE
3.1. MAINTENANCE.
1. Maintenance Obligation . Owner, for itself and its successors and assigns, hereby covenants and agrees to maintain and repair or cause to be maintained and repaired the Site and all related on -site improvements and landscaping thereon, including, without limitation, buildings, amenities, parking areas, lighting, signs and walls in a first class condition and repair, free of rubbish, debris and other hazards to persons using the same, and in accordance with all applicable laws, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction, at Owner's sole cost and expense.
Such maintenance and repair shall include, but not be limited to, the following:
(i) sweeping and trash removal; (ii) the care and replacement of all irrigation, shrubbery, plantings, and other landscaping to maintain it in a healthy condition; and (iii) the repair, Item 2C - Page 20
4 replacement and restriping of asphalt or concrete paving using the same type of material originally installed, to the end that such paving at all times be kept clearly marked and in a level and smooth condition. In addition, Owner shall be required to maintain the Property in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been c reated by the absence of adequate maintenance such as to be detrimental to the public health, safety or general welfare or that such a condition of deterioration or disrepair causes appreciable harm or is materially detrimental to property or improvements within one thousand (1,000) feet of such portion of the Site.
2. Parking and Driveways. The driveways and traffic aisles on the Site shall be kept clear and unobstructed at all times.
3. Right of Entry . In the event Owner fails to maintain the Site in the abov e- mentioned condition, and satisfactory progress is not made in correcting the condition within thirty (30) days from the date of written notice from City (which notice shall reasonably identify the required maintenance) , City may, at City's option , and wi thout further notice to Owner, declare the unperformed maintenance to constitute a publi c nuisance. Thereafter, either City or its employees, contractors, or agents, may cure Owner's default by entering upon the Site and performing the necessary landscapi ng and/or maintenance in accordance with Section 3.1.1 above . The City shall give Owner, its representative, or the residential manager reasonable notice of the time and manner of entry, and entry shall only be at such times and in such manner as is reaso nably necessary to carry out this Agreement. Owner shall pay such costs as are reasonably incurred by City for such maintenance, including attorneys' fees and costs.
4. Lien. If any costs incurred by City under Section 3 above are not reimbursed within thirty (30) days after Owner's receipt of City's written request for reimbursement, the same shall be deemed delinquent, and the amount thereof shall bear interest thereafter at a rate of the lower of ten percent (10%) per annum or the legal maximum until paid. Any and all delinquent amounts, together with said interest, costs and reasonable attorney's fees, shall be an obligation of Owner as well as a lien and charge, with power of sale, upon the property interests of Owner, and the rents, issues and profits of such property. City may bring an action at law against Owner obligated to pay any such sums or foreclose the lien against Owner's property interests. Any such lien may be enforced by sale by the City following recordation of a Notice of Default of Sal e given in the manner and time required by law as in the case of a deed of trust; such sale to be conducted in accordance with the provisions of Section 2924, et seq., of the California Civil Code, applicable to the exercise of powers of sale in mortgages and deeds of trust, or in any other manner permitted by law.
Any monetary lien provided for herein shall be subordinate to any bona fide mortgage or deed of trust covering an ownership interest or leasehold or subleasehold estate in and to any Site approved by City pursuant to the Agreement, and any purchaser at any foreclosure or trustee's sale (as well as any deed or assignment in lieu of foreclosure or trustee's sale) under any such mortgage or deed of trust shall take title free from any such monetary lien, but otherwise subject to the provisions hereof; provided that, after the foreclosure of any such mortgage and/or deed of trust, all other assessments provided for herein to the extent they relate to the expenses incurred subsequent to such foreclosure, Item 2C - Page 21
5 assessed hereunder to the purchaser at the foreclosure sale, as owner of the subject Site after the date of such foreclosure sale, shall become a lien upon such Site upon recordation of a Notice of Assessment or Notice of Claim of Lien as herein provided.
ARTICLE 4
COMPLIANCE WITH LAWS
4.1. COMPLIANCE WITH LAWS . Owner shall c omply with all ordinances, regulations and standards of the City applicable to the Site. Owner shall comply with all rules and regulations of any assessment district of the City with jurisdiction over the Site.
ARTICLE 5
NONDISCRIMINATION
5.1. NONDISCRIMINATION. Ther e shall be no discrimination against or segregation of any person, or group of persons, on account of race, color, creed, religion, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, physical or mental disability, or medical condition in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, or any part thereof, nor shall Owner, or any person claiming under or through it, establish or permit any such practice or prac tices of discrimination or segregation with reference to the selection, location, number, use or occupancy of guests or vendees of the Site, or any part thereof.
ARTICLE 6
COVENANTS TO RUN WITH THE LAND
6.1. COVENANTS TO RUN WITH THE LAND. Owner hereby subjects the Site to the covenants, reservations, and restrictions set forth in this Agreement. City and Owner hereby declare their express intent that all such covenants, reservations, and restrictions shall be deemed covenants running with the land and shall pass to a nd be binding upon the Owner's successors in title to the Site; provided, however, that on the termination of this Agreement said covenants, reservations and restrictions shall expire. All covenants without regard to technical classification or designation shall be binding for the benefit of the City, and such covenants shall run in favor of the City for the entire term of this Agreement, without regard to whether the City is or remains an owner of any land or interest therein to which such covenants relate. Each and every contract, deed or other instrument hereafter executed covering or conveying the Site or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations, and restriction s, regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed or other instrument.
City and Owner hereby declare their understanding and intent that the burden of the covenants set forth herein touch and conce rn the land in that Owner's legal interest in the Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing Item 2C - Page 22
6 the enjoyment and use of the Project by the intended beneficiaries of such covenants, reservations, and restrictions, and by furthering the public purposes for which the City was formed.
Owner, in exchange for the City entering into the Agreement, hereby agrees to hold, sell, and convey the Site subject to the terms of this Agreement. Owner also grants to the City the right and power to enforce the terms of this Agreement against the Owner and all persons having any right, title or interest in the Site or any pa rt thereof while such party owns the Site. No party shall have any liability or obligation in connection with any breach occurring while such party is not the owner of the Site.
Within fifteen (15) business days after request of Owner, City shall execute and provide to Owner an estoppel certificate , in the form approved by the City Attorney of the City, confirming whether or not Owner is in breach of any obligations under this Agreement and identifying any required cure.
ARTICLE 7
INDEMNIFICATION
7.1. INDEMNIFICATION. Owner agrees for itself and its successors and assigns to indemnify, defend, and hold harmless City and its respective officers, members, officials, employees, agents, volunteers, and representatives from and against any loss, liability, claim, or judgment to or by any third party relating to development and/or operation of the Project by Owner, excepting only any such loss, liability, claim, or judgment arising solely out of the intentional wrongdoing or gross negligence of City or its respective officers , officials, employees, members, agents, volunteers, or representatives. Owner further agrees for itself, and its successors and assigns to indemnify and defend and hold harmless the City, its respective officers, members, officials, employees, agents, vol unteers, and representatives from and against any loss, liability, claims, damages, penalties, losses, costs, expenses, injuries and/or liabilities arising out of claims that Owner’s participation in the Program creates a public work for prevailing wage pu rposes thereby requiring the payment of prevailing wages and this obligation shall apply regardless of whether or not the claim, damage, penalty, loss, cost, expense, injury and/or liability complained of arises out of or relates in any way to any negligen ce on the part of City. Owner, while in possession of the Site, and each successor or assign of Owner while in possession of the Site, shall remain fully obligated for the payment of property taxes and assessments in connection with the Site. The foregoing indemnification, defense, and hold harmless agreement shall only be applicable to and binding upon the party then owning the Site or applicable portion thereof.
7.2. ATTORNEYS' FEES. In the event that a party to this Agreement brings an action against the other party hereto by reason of the breach of any condition, covenant, representation or warranty in this Agreement, or otherwise arising out of this Agreement, the prevailing party in such action shall be entitled to recover from the other reasonable expe rt witness fees, and its reasonable attorney's fees and costs. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, including the conducting of discovery.
Item 2C - Page 23
7 7.3. AMENDMENTS. This Agreement shall be amended only by a written instrument executed by the parties hereto or their successors in title, and duly recorded in the real property records of the County of Riverside.
7.4. NOTICE. Any notice required to be given hereunder shall be made in writing and shall be given by personal delivery, certified or registered mail, postage prepaid, return receipt requested, at the addresses specified below, or at such other addresses as may be s pecified in writing by the parties hereto:
City: City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: City Manager
Copy to: Office of the City Attorney
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: City Attorney
Owner: Bell Lofts, LLC
288 East Camino Monte Vista
Palm Springs, CA 92262
Attn: Fredrick Ross or James Hansen
The notice shall be deemed given three (3) business days after the date of mailing, or, if personally delivered, when received.
7.5. SEVERABILITY/WAIVER/INTEGRATION
1. Severability. If any provision of this Agreement or portion thereof, or the application to any person or circumstances, shall to any extent be held invalid, inoperative, or unenforceable, the remainder of the provisions, or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby; provided, that if any material terms or provisions of these Operating Covenants are rendered invalid, void and/or unenforceable, or due to changes in the law such terms or provisions would materially alter the terms of the transactions contemplated herein, the parties agree to meet and negotiate in good faith to attempt to reform these Operating Covenants to accomplish the intent of the parties.
2. Waiver. A waiver by either party of the performance of any covenant or condition herein shall not invalidate this Agreement nor shall it be considered a waiver of any other covenants or conditions, nor shall the delay or forbearance by either p arty in exercising any remedy or right be considered a waiver of, or an estoppel against, the later exercise of such remedy or right.
Item 2C - Page 24
8 3. Integration. This Agreement contains the entire Agreement between the parties and neither party relies on any warranty or representation not contained in this Agreement.
4. Third Parties. No third party beneficiaries are intended, and the only parties who are entitled to enforce the provisions of these Operating Covenants are the City, Mortgagees, Participant and their respective successors and assigns.
7.6. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California and is subject to the provisions of Government Code Section 53083.
7.7. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall constitute one original and all of which shall be one and the same instrument.
7.8. TERMINATION. This Agreement may be terminated only (i) by and upon expiration of the Term, (ii) by mutual written agreement of the parties, and (iii) b y and pursuant to the provisions of Section 7.9 or 7.10 below. In the event of any termination of this Covenant, Owner (or its successor, as applicable) shall not be obligated to return any amounts previously paid to it by the City pursuant to the Program.
7.9. DEFAULT BY OWNER. If at any time during the Term, City contends that Owner has committed a material default with respect this Agreement, e.g., by failing to operate the Hotel as a Hotel, City shall deliver to Owner written notice of default which specifi es in detail all facts alleged by City to constitute such default. For a period of thirty days thereafter, Owner will have the right to commence and complete cure of the alleged default; provided, however, if the alleged default is of such a nature as to reasonably require more than thirty days to cure, and the Parties so agree, Owner will have such addition time as is reasonably necessary to complete such cure.
Subject to Section 7.11 below, if Owner fails to timely cure such default, City shall then hav e the right to terminate this Agreement. (To the extent of any inconsistency between the provisions of this Section 7.9 and the provisions of Section 3.1 above, the provisions of this Section 7.9 shall prevail.)
7.10 DEFAULT BY CITY. If at any time during the Term, Owner contends that City has committed a material default with respect this Agreement, Owner may deliver to City written notice of default that specifies in detail all facts alleged by Owner to constitute such default. For a period of thirty days thereafter, City will have the right to commence and complete cure of the alleged default; provided, however, if the alleged default is of such a nature as to reasonably require more than thirty days to cure, and the Parties so agree, City will hav e such addition time as is reasonably necessary to complete such cure. Subject to Section 7.11 below, if City fails to timely cure such default, Owner shall then have the right to terminate this Agreement or exercise any and all other rights and remedies available at law and in equity, and each of such rights and remedies shall be cumulative and not exclusive.
7.11 MORTGAGE PROVISONS . Anything in this Agreement to the contrary notwithstanding, with respect to any recorded mortgage or deed of trust given in good faith and for value and encumbering the Hotel (“Mortgage”), any holder thereof that has delivered to City a copy Item 2C - Page 25
9 of such rec orded Mortgage and current contact information (“Mortgagee”) will be entitled rights and benefits in accordance with the following:
1. City acknowledges and agrees that the rights and obligations of Owner under this Agreement may, with or without approval by City, be conditionally assigned by Owner to any Mortgagee as security for performance of Mortgage obligations.
2. While any Mortgage remains in effect, City will not amend or modify this Agreement in any material respect without receiving prior written approval from Mortgagee, which approval may not be unreasonably withheld, delayed or conditioned; provided, however, failure by Mortgagee to provide written approval or disapproval (and if disapproval the reasons therefor) within thirty days o f delivery of request therefor shall be deemed to constitute approval by Mortgagee.
3. While any Mortgage remains in effect, in the event City delivers to Owner of any notice of default as referenced in either Section 3.1 or 7.9 above, City shall concurrently deliver a copy thereof to Mortgagee.
4. Delivery of any such notice of default notwithstanding, City will not terminate or initiate or pursue any action to terminate this Agreement as long as Mortgagee diligently (i) declares a default by Own er under the Mortgage, (ii) pursues foreclosure and /or other appropriate actions under the Mortgage, (iii) pays to City all amounts that would otherwise have been payable by Owner to City, and (iv) cures non-monetary defaults.
7.12 Operator Provisions. City acknowledges and agrees that operational obligations of Owner may, with or without consent of City, be assigned by Owner to any entity owned or wholly controlled by Owner or its Members or Hotel Operator of Owner’s choice, and, in connection therewith, such Hotel Operator may assume all or part of Owner’s Hotel operation obligations under this Agreement; provided, however, Owner shall retain ultimate responsibility for such Hotel operation obligations. City agrees that while any Hotel Operator agr eement is in effect, and provided that City has been put on notice of such agreement and received contact information for such Operator, in the event City delivers to Owner of any notice of default as referenced in either Section 3.1 or 7.9 above, City shall concurrently deliver a copy thereof to the Operator.
7.13 RESERVED.
7.14 Cooperation. Each party agrees to and shall do and perform such other and further acts and properly execute and deliver such other and further documents as may be reasonabl y necessary, expedient or convenient to implement and/or effectuate the intents and purposes hereof.
City and Owner agree t o cooperate with each other and/or with any Mortgagee or proposed Mortgagee, in a manner consistent with concepts and principles of good faith, fair dealing and commercial reasonableness, with respect to consideration, implementation and execution of any modification(s) to this Agreement reasonably requested by the City, Owner, Mortgagee or proposed Mortgagee.
Item 2C - Page 26
10 7.15 Reasonable Approvals. Whenever this Agreement requires or calls for the approval or consent of any party hereto, such approval shall not be unreasonably withheld, delayed or conditioned.
7.16 Binding Arbitration . In the event of any dispute or controversy arising out of or relating to this Agreement, or the breach or performance of it, the parties shall reasonably attempt to resolve such dispute or controversy without resort to third party review or resolution. The parties shall first meet and confer on any such dispute or controversy. Such meeting(s) shall include any principal of the Owner and, at the discretion of the City, may include the City Manager and/or the City Council, either as a whole or through an ad hoc subcommittee designated by the City Council. Upon a determination by the parties that they are or will be unable to resolve the dispute or controversy on their own, then the parties shall submit the dispute, controversy or any remaining unresolved matter to binding arbitration, to be held in the Coachella Valley, and be conducted pursuant to the Commercial Arbitration Rules of the American Arbitration Association.
7.17 Incorporation of Recitals and Exhibits. Each of the recitals set forth above and each of the exhibits attached hereto are agreed to and made part of this Agreement.
7.18 Authority. Each party represents and warrants to the other that such party has full right, power and authority to sign, execute and enter into this Agreement.
[END -- SIGNATURES ON NEXT PAGE]
Item 2C - Page 27
11 IN WITNESS WHEREOF, the City and Owner have executed this Operations Covenant by duly authorized representatives on the date first written hereinabove. "CITY"
THE CITY OF PALM SPRINGS,
a municipal corporation and charter city
By:
________________________________
Teresa Gallavan
Interim City Manager
ATTEST:
____________________________________
Brenda Pree
City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER
By:
Jeffrey Ballinger, Esq.
City Attorney
"OWNER"
By:
Name: Fredrick Ross
Title:
By:
Name: James Hansen
Title:
[END OF SIGNATURES]
Item 2C - Page 28
12 __
__
CALIFORNIA ALL -PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of )
On before me, ,
Date Here Insert Name and Title of the Officer
personally appeared
Name(s) of Signer(s)
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct .
WITNESS my hand and official seal.
Signature
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name:
Corporate Officer — Title(s):
Signer’s Name:
Corporate Officer — Title(s):
Partner — Limited General Partner — Limited General
Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other:
Signer Is Representing:
Other:
Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Item 2C - Page 29
915229.03/OC
370971-00003/2-10-11/dme/lry
OPERATIONS COVENANT
FOR HOTEL INCENTIVE PROGRAM
1 EXHIBIT “A”
LEGAL DESCRIPTION
APN: 507-03-007
Lot 12 Of Joyce Tract, In The City Of Palm Springs, County Of Riverside, State Of California, As Per Map Recorded In Book 20, Page 66 Of Maps, In the Office of the County Recorder Of Said County.
Item 2C - Page 30
CITY COUNCIL STAFF REPORT
02/21/2023
SUBJECT:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TERMINATING THE LOCAL COVID-19 EMERGENCY, EFFECTIVE FEBRUARY 28, 2023; DIRECTION REGARDING THIRD-PARTY FOOD DELIVERY
FEES AND TELECONFERENCING
RECOMMENDATION:
Adopt a resolution proclaiming the termination of the existence of a Local Emergency (Novel Coronavirus “COVID-19”) declared March 14, 2020, and rescinding Resolution No. 24738, which ratified the City Manager/Director of Emergency Services’ Declaration of the Existence of a Local Emergency for COVID-19.
1. Provide direction to City staff and City Attorney with regard to:
Service delivery fee regulation; and
Teleconferencing by Councilmembers/Boardmembers/Commissioners
2. Attachments
Item 3A
CITY COUNCIL STAFF REPORT
D
ATE: FEBRUARY 21, 2023 BUSINESS & LEGISLATIVE
SU
BJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TERMINATING THE LOCAL COVID -19
EMERGENCY, EFFECTIVE FEBRUARY 28, 2023 ; DIRECTION
REGARDING THIRD- PARTY FOOD DELIVERY FEES AND
TELECONFERENCING
F
ROM: Teresa Gallavan, Interim City Manager
B
Y: Jeffrey S. Ballinger, City Attorney
SUMMARY:
D
ue to the lessening effects of the COVID -19 pandemic and in alignment with Governor Gavin Newsom’s announcement that California’s COVID-19 State of Emergency will end of February 28, 2023, the City Council is being requested to rescind the Declaration of the existence of a Local COVID-19 emergency and rescind Resolution No. 24738, which ratified the Declaration supporting the Local COVID-19 emergency.
I
n addition, City staff and the City Attorney are seeking City Council direction with regard to two items:
• a po
tential extension of the City’s service delivery fee regulatory ordinance; and • the extent to which the City Council wishes to use, if at all, teleconferencing for City Councilmembers and appointed City Boardmembers/Commissioners.
RECOMMENDATION:
1. A
dopt a resolution proclaiming the termination of the existence of a Local Emergency (Novel Coronavirus “ COVID-19”) declared March 14, 2020, and rescinding Resolution No. 24738, which ratified the City Manager/Director of Emergency Services’ Declaration of the Existence of a Local Emergency for COVID-19.
2. P
rovide direction to City staff and City Attorney with regard to:
• Service delivery fee regulation; and
• Teleconferencing by Councilmembers/Boardmembers/Commissioners Item 3A - Page 1
City Council Staff Report
February 21, 2023 -- Page 2
Resolution re Termination of COVID-19 Local Emergency
BACKGROUND:
On March 4, 2020, as part of the State of California’s response to address the global COVID-19 outbreak, Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already across multiple state agencies and departments, and help the state prepare for broader spread on COVID-19.
On March 14, 2020, the City Manager, in his capacity as Director of Emergency Services, proclaimed the Existence of a Local E mergency (Attachment 1 ) in the City of Palm Springs, after determining that the spread of COVID-19 was likely to create emergency conditions of disaster or extreme peril.
The City Council ratified the Declaration of the Local Emergency on March 19, 2020, by adopting Resolution No. 24738 ( Attachment 2), which identified extreme peril to the safety of persons and property within the city caused by the threat of COVID-19 that would impact significant City and community operations, including critical public infrastructure and services.
On June 11, 2021, Governor Gavin Newsom signed Executive Order N-07-21 to allow for a full reopening of California, effective June 15, 2021. On October 17, 2022, Governor Newsom announced that the State of California’s COVID-19 State of Emergency will end on February 28, 2023. And, on January 30, 2023, the Biden Administration announced its intent to end the national emergency and public health emergency declarations on May 11, 2023.
In light of the reopening and the abatement of the conditions of extreme peril that existed during much of the COVID -19 pandemic, it is recommended that the City Council adopt the proposed Resolution (Attachment 3), proclaiming the termination of the existence of the Local Emergency (Novel Coronavirus “ COVID-19) declared March 14, 2020, and rescinding Resolution No. 24738.
ANALYSIS
:
Termination of the locally declared emergency has two primary effects. First, the authority of the City to issue emergency orders will go away. Second, the City’s ability to receive possible state and federal funding to support the City’s emergency efforts would go away.
However, given the diminishing impacts of COVID -19, it is anticipated that the need for such emergency orders and the availability of state and federal funding will no longer be present. Indeed, on July 1, 2021, the City Manager, in his capacity as Emergency Services Director, terminated all of the City’s prior emergency orders, with the exception of the original March 14, 2020 Declaration of Emergency and the City C ouncil’s Third- Party Delivery Fee Ordinance (Ord. 2033.)
Once the City terminates the existence of the Local Emergency declared for COVID -19, there will be two issues that the City Council will need to address. First, is whether the Item 3A - Page 2
City Council Staff Report
February 21, 2023 -- Page 3
Resolution re Termination of COVID-19 Local Emergency
City Council wishes to extend or otherwise modify the third -party food delivery fee ordinance. Second, the City Council should decide whether, and to what extent, it wishes to utiliz e teleconferencing by Councilmembers and Boards/Commission members, pursuant to State law. Each of those issues is addressed in turn below.
Third-Party Food Delivery Fees
On October 8, 2020, the City Council adopted Ordinance No. 2033, which established limitations on third-party food delivery fees . This was done as a result of the increasing use of those food delivery services during the COVID pandemic, as well as concerns that some food delivery services might be gouging customers and restaurants.
Ordinance No. 2033 prohibits a food delivery service from charging a customer a purchase price that is higher than the price set by the restaurant on the app or the menu.
Ordinance 2033 also prohibits any food delivery service from charging a restaurant a delivery fee that totals more than fifteen percent (15%) of the purchase price of each online order. The ordinance also prohibits food delivery services from charging the restaurant more than five percent (5%) of the purchase price for the establishment’s use of the delivery service. Finally, the ordinance prohibits a food delivery service from retaining any portion that is designated by the customer as a tip for the driver.
As an example, if a customer orders a meal that is advertised for $10.00 on the third- party food delivery service’s app, the food delivery service cannot charge the customer more than $10.00 for the meal. Nor can the service charge the restaurant more than $1.50 as a delivery fee. Nor can the delivery service charge the restaurant more than 50 cents as a fee or commission for the restaurant’s placement on the delivery service’s app.
Finally, if the customer agrees to provide the delivery person a $2.00 tip, that tip must go to the delivery person; not the delivery service.
Ordinance No. 2033 provides that it will automatically sunset 90 days after the end of the local emergency unless the Council acts to extend the effect of the ordinance. Once the City Council rescinds the Local Emergency Declaration for COVID -19 and resci nds Resolution No. 24738, which ratified the Local Declaration for COVID-19, the City Council will have 90 days from February 28, 2023, to decide whether it wishes to re -establish, either with or without modification, these limitations on third- party food delivery fees .
Otherwise, Ordinance No. 2033 will end as a result of the termination the Local Emergency.
Teleconferencing by Councilmembers & Board/Commission members
Below is a summary of the new teleconferencing provisions under the Brown Act. These new teleconferencing provisions are available for use by the City Council and its Boards and Commissions. However, as discussed below, the new provisions are rather cumbersome from an administrative perspective, and the legislation authorizing their use is somewhat ambiguous. Because of this, some local agencies are choosing to forego Item 3A - Page 3
City Council Staff Report
February 21, 2023 -- Page 4
Resolution re Termination of COVID-19 Local Emergency
use of these new teleconferencing provisions, and instead relying on the traditional teleconferencing provisions of the Brown Act that were used prior to COVID -19. The Council has broad latitude with regard to teleconferencing in staff, consultants, members of the public and those with agenda items on an agenda.
Brown Act Teleconferencing
The Brown Act first allowed local public agency meetings to be conducted via teleconference in 1988. At the time, San Diego County was considering the use of teleconferencing for meetings and hearings of the board of supervisors due to concerns about the long distances that some of their constituents were having to travel to participate in board meetings. They were especially concerned that these distances were so great that they prohibited some people from attending meetings at all. Assembly Bill (“AB”) 3191 (Frazee), Chapter 399, Statutes of 1988, responded to these concerns by authorizing the legislative body of a local agency to use teleconferencing. Since that time, a number of bills have made modifications to that original authorization.
Prior to the COVID -19 pandemic, the Brown Act’s teleconferencing rules included the following:
1. The agenda must be posted at all teleconferenced locations.
2. Each teleconference location must be accessible to the public.
3. At least a quorum of the legislative body members must participate from within the boundaries of the jurisdiction, except as otherwise allowed by the Brown Act.
4. All votes taken must be by roll call.
5. Teleconferenced meeting must be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body.
6. Notice of the meeting must be given, and agendas must be posted as otherwise required by the Brown Act , i.e., physical internet posting for regular meetings, plus personal delivery for special meetings.
7. Each teleconferenced location must be identified in the notice and agenda.
8. Members of the public must be provided an opportunity to address the legislative body directly at each teleconferenced location.
For obvious reasons, the first three (3) of these requirements proved unworkable during a health pandemic caused by a transmissible virus. As a result, the Brown Act’s teleconferencing requirements were relaxed, first by the Governor’s Executive Order, and later by the Legislature’s adoption of AB 361.
COVID Pandemic Teleconferencing (AB 361)
In 2021, in response to the COVID -19 pandemic, the California Legislature adopted AB 361 to ease certain requirements for holding teleconferenced meetings under the Brown Item 3A - Page 4
City Council Staff Report
February 21, 2023 -- Page 5
Resolution re Termination of COVID-19 Local Emergency
Act during emergenc ies. Specifically, AB 361 removed the first three (3) requirements listed above (posting agenda at all locations, making all locations accessible to the public, and requiring a quorum of the body to be within the jurisdiction). All of the other requirements, plus a few more, remained.
Although AB 361 remains a law through January 1, 2024, Governor Newsom has announced that the declared statewide COVID -19 State of Emergency will end on February 28, 2023. If the COVID-19 State of Emergency ends on February 28, 2023, local agencies may only be able to continue using AB 361 for teleconference meetings if both:
1. state or local officials continue to impose or recommend measures to promote social distancing; and
2. the legislative body has continued to make the required 30- day renewal findings and continues to do so.
Post-Pandemic Teleconferencing
As local agencies saw the effects of the COVID -19 pandemic waning, some local agencies sought the Legislature’s assistance in extending the use of the more flexible teleconferencing provisions. What resulted was AB 2449, discussed below.
AB 2449 provides a new teleconferencing option that can be used when a member of the legislative body has to attend a meeting remotely due to an emergency or other reasons supported by “just cause.” Under these new rules, a legislative body may hold a hybrid (partial teleconference, partial in- person) meeting without having to comply with the standard Brown Act teleconference rules under certain circumstances. These circumstances are:
• Just Cause. One or more members of the legislative body (but less than a quorum) have notified the body at the earliest opportunity of their need to participate remotely for just cause. Just cause is restricted to:
1. childcare or c aregiving need for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires remote participation;
2. contagious illness that prevents in-person attendance;
3. physical or mental disability need; or
4. travel while on official business of the agency or another state or local agency.
The legislative body member must notify the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the meeting.
Item 3A - Page 5
City Council Staff Report
February 21, 2023 -- Page 6
Resolution re Termination of COVID-19 Local Emergency
• Emergency Circumstance. One or more members of the legislative body (but less than a quorum) experience an emergency circumstance, which is defined as a physical or family medical emergency that prevents in- person attendance, and request to participate remotely. As part of their request, the member must provide a general description of the circumstances relating to their need to appear remotely; however, they are not required to disclose a medical diagnosis, disability, or other confidential medical information. The legislative body must then take action on each member’s request. The member must make their request to participate remotely as soon as possible and must make a separate request for each meeting in which they seek to participate remotely. If the request does not allow sufficient time to be placed on the posted agenda for the meeting for which the request is made, the legislative body may take action on it at the beginning of the meeting.
There are limitations on the number of times a member may use AB 2449 to participate remotely. Specifically, a member may not participate remotely for “just cause” for more than two meetings in a calendar year and, in general, may not use AB 2449 to participate remotely for more than three consecutive months or 20 percent of the regular meetings for the City within a calendar year (or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year). This means that City staff would need to keep track of which meetings were attended remotely by which Councilmembers throughout the year.
In addition to the limitation listed above, in order for the City to use teleconferencing under AB 2449, the meeting format and agendas must comply with the following:
• A quorum of the legislative body must meet in-person at a single, physical location within the City’s boundaries.
• The City must use either a two- way audio- visual system or a two- way phone service with live webcasting.
• The agenda must identify a call -in or internet-based access option for the public, along with the in-person meeting location.
• If a disruption to the online meeting occurs, the legislative body may take no further action on agenda items until public access is restored. • The public must be able to provide comments in real -time. Public comments may not be required to be submitted in advance.
• All votes must be taken by roll call.
In addition, legislative body members participating remotely under AB 2449 must comply with the following requirements during the meeting:
• Before any action is taken, the member(s) must disclose whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member’s relationship with any such individuals.
Item 3A - Page 6
City Council Staff Report
February 21, 2023 -- Page 7
Resolution re Termination of COVID-19 Local Emergency
• The member(s) must participate through both audio and visual technology.
AB 2449 presents a host of administrative issues for local public agencies, and each local public agency will want to decide whether, and to what extent, it wishes to take advantage of AB 2449’s provisions. According to the legislative history of AB 2449, the bill “does not require teleconferencing”. (Assembly Floor Analysis, A.B. 2449, (Aug. 24, 2022).)
Once the COVID-19 State of Emergency is ended by the Governor, some local agencies currently conducting meetings under the provisions of AB 361 may return to holding fully in-person public meetings. Others may begin holding meetings using the newly adopted AB 2449 (discussed below). Still others may return to in- person meetings but opting to use the traditional Brown Act teleconference rules that existed before COVID (and which continue to exist as part of the Brown Act).
In lieu of AB 2449 teleconferencing, the City may rely on the traditional (1988- era) teleconferencing rules that applied pre- COVID. Those rules remain an available option:
teleconference locations must be identified in the agenda, copies of the agenda must be posted at all teleconference locations, and teleconference locations must be open to the public, and at least a quorum of the members of the legislative body who are participating remotely must do so from locations within the City’s jurisdiction.
Alternatively, the Council could authorize the use of AB 2449 teleconferencing by some of the City’s legislative bodies, such as committees, but not others (i.e., the Council).
Finally, it is important to note that the
teleconferencing rules discussed above apply only
to situations where one or more Councilmembers/Commissioners are teleconferencing in to a meeting. The Council could, if it wishes, authorize teleconferencing by other parties, such as City staff, consultants, the public, or those with items on the agenda (i.e., vendors, etc.), without having to comply with the requirements discussed above.
Therefore, City staff and the City Attorney seek direction from the City Council as to whether, and to what extent, the City Council wishes to make teleconferencing available to itself and its Boards and Commissions.
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 termination of the COVID -19 Local Emergency, is an organizational or administrative Item 3A - Page 7
City Council Staff Report
February 21, 2023 -- Page 8
Resolution re Termination of COVID-19 Local Emergency
activity of government that will not result in direct or indirect physical changes in the environment.
FISCAL IMPACT:
This proposed resolution is not expected to have any significant financial impacts.
REVIEWED BY:
City Attorney: Jeffrey S. Ballinger
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
1. Declaration of the Existence of a Local Emergency concerning COVID-19 for the City of Palm Springs;
2. Resolution No. 24738; and
3. Proposed Resolution Proclaiming the Termination of the Existence of a Local Emergency (Novel Coronavirus “COVID-19) Declared March 14, 2020, and Rescinding Resolution No. 24738.
Item 3A - Page 8
ATTACHMENT 1
Item 3A - Page 9
DECLARATION OF THE EXISTENCE OF A LOCAL EMERGENCY
CITY OF PALM SPRINGS
March 14, 2020
WHEREAS, Palm Springs Municipal Code section 2.20.050(a)(1) empowers the City Manager, acting as the Director of Emergency Services, to proclaim the existence or threatened existence of a local emergency when the City is exposed to an actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City and the City Council is not in session; and WHEREAS, the City Manager, as Director of Emergency Services of the City of Palm Springs, does hereby find that:
1. Threatened existence of conditions of extreme peril to the health and safety of persons in Palm Springs are present as a result of the increasing spread of novel coronavirus (COVID-19) across the state; and
2. The federal Centers for Disease Control and Prevention has confirmed multiple cases of individuals who have severe respiratory illness caused by a novel coronavirus, called COVID-19, as well as deaths caused by this illness; and
3. The World Health Organization declared COVID-19 a pandemic; and
4. On March 4, 2020 California Governor Newsome declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and
5. The increase of reported cases and deaths associated with COVID-19 has also prompted the County of Riverside on March 10, 2020 to proclaim a local and public health emergency; and
6. A proclamation of a local emergency will assist in a coordinated public health response to reduce transmission and illness severity, provide assistance to health care providers, coordinate and mitigate public services that may be disrupted from this emergency, and mitigate any other effects of this emergency on the citizens of the City; and
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7. Under California Government Code section 8630(b) and Palm Springs Municipal Code section 2.20.050(a)(1 ), a proclamation of local emergency must be ratified by the City Council within seven (7) days to remain in effect.
NOW, THEREFORE, IT IS HEREBY DECLARED, that a local emergency now exists throughout the City; and
IT IS FURTHER DECLARED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, ordinances, and resolutions of the City of Palm Springs.; and
IT IS FURTHER DECLARED AND ORDERED that, without limiting the nature of the foregoing, the City Manager, as Director of Emergency Services, is empowered:
(A) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; (8) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property, and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use; (C) To require emergency services of any City officer or employee and, in the event of the proclamation of a state of emergency in Riverside County, to command the aid of as many citizens of this community as he deems necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service workers; (D) To requisition necessary personnel or material to any City department or agency; and
(E) To execute all of his ordinary power as City Manager, all of the special powers conferred upon him by Chapter 2.20 of the Palm Springs Municipal Code or by resolution or emergency plan pursuant thereto adopted by the City Council, all powers conferred upon him by any statute, by any agreement approved by the City Council, and by any other lawful authority.
March 14, 2020
APPROVED AS TO LEGAL FORM:
Jeffrey S. Ballinger, City Attorney
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David H. Ready,
City Manager/Director of Emergency
Services
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ATTACHMENT 2
Item 3A - Page 12
RESOLUTION NO. 24738
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, RATIFYING THE CITY
MANAGER/DIRECTOR OF EMERGENCY SERVICES'
DECLARATION OF THE EXISTENCE OF A LOCAL
EMERGENCY RELATED TO THE INCREASING SPREAD OF
NOVEL CORONAVIRUS (COVID-19) PURSUANT TO PALM
SPRINGS MUNICIPAL CODE SECTION 2.20.020, AND CITY
CHARTER SECTION 300; AND AUTHORIZING THE CITY
MANAGER/DIRECTOR OF EMERGENCY SERVICES TO
ISSUE ORDERS AND IMPLEMENT SUCH MEASURES AS
NECESSARY TO IMMEDIATELY AND EXPEDITIOUSLY
ADDRESS THE LOCAL PUBLIC HEAL TH EMERGENCY.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. THE CITY COUNCIL FINDS AND DECLARES AS FOLLOWS:
A. Chapter 2.20 "Disaster Council" of the Palm Springs Municipal Code ("PSMC") was established to provide for the preparation and carrying out of plans for the protection of persons and property within the City of Palm Springs in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of the City of Palm Springs with all other public agencies, corporations, organizations, and affected private persons.
8. Section 2.20.020 "Emergency defined" of the PSMC defines an "emergency" as the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake, or other conditions, including without limitation conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of this city, requiring the combined forces of other political subdivisions to combat.
C. Section 2.20.050 "Director and coordinator of emergency services" of the PSMC empowers the City Manager or his designee to request the City Council to proclaim the existence of a "local emergency" if the City Council is in session, or to issue such proclamation if the emergency is proclaimed by the director of emergency services; request the Governor to proclaim a "State of Emergency" when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency; control and direct the effort of the emergency organization of the City of Palm Springs; and to execute all of his ordinary power as City Manager, all of the special powers conferred upon him by the PSMC, or by resolution or emergency plan adopted by the Item 3A - Page 13
Resolution No. 24738