reason of any preemptive legislation, the remaining sections and/or provisions of this ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or m ore section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.
SECTION 43
. The proposed ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et. seq.) pursua nt to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as that term is defined in Section 15378 of t he State Guidelines.
SECTION 44. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS ______ DAY OF ___________________, 2023.
GRACE ELENA GARNER
MAYOR
ATTEST:
BRENDA PREE
CITY CLERK
Item 2A - Page 37
Ordinance No.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Counc il on __________ and adopted at a regular meeting of the City Council held on __________ by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE
CITY CLERK
Item 2A - Page 38
ATTACHMENT C
Item 2A - Page 39
EXCERPTS OF MINUTES
At the Planning Commission meeting of the City of Palm Springs, held June 28, 2023, the Planning Commission considered Item 2.A. and took the following action:
2.A. REQUEST BY THE CITY OF PALM SPRINGS FOR APPROVAL OF THE ANNUAL UPDATE OF THE PALM SPRINGS ZONING CODE (CASE 5.1466 ZTA) (DN).
Planning Director Hadwin provided an overview on the proposed updates to the Palm Springs Zoning Code as outlined in the staff report.
Commissioner Aylaian asked if applicants are required to submit a photometric study.
She questioned what determination is made if there's a variation in foot candles to meet the criteria that is proposed. Planning Director Hadwin responded that a photometric study is required, as part of the conditional use permit process.
Ms. Aylaian said she noticed one section states the lighting can't be greater than 400 watts; and in another section it states it can't be greater than 1000 watts. Planning Director Hadwin responded that a higher amount of light w ould impact neighbors greater in a single-family neighborhood than on a larger multi-family site.
Commissioner Aylaian said this language limits the amount of light per fixture- it does not state if you're in a single-family zone you can only have a certain number of foot-candles.
She thinks this language allows installation of more light fixtures. Staff agreed this could be analyzed further.
Commissioner Aylaian referenced Item G, that states, “. . . night lighting of courts must maintain a 60-foot setback from property lines”, she does not think this is possible as
light crosses property lines. She recommended adding the word “fixtures” instead of using the lighting.
Commissioner Miller suggested revising the language under density bonus and vacated rental property. Staff reported this language is required by State law.
Chair Weremiuk said she was on the subcommittee group that worked on the changes to the Planned Development District Ordinance (PDD); and thinks the final plan should go to the same Commission that initially reviewed it to ensure that it that it is in substantial agreement.
The Commission further discussed and requested clarification on the red- lined changes in the proposed amendments relating to the architectural development permit process, the planned development process, maximum lot coverage, open space and affordable housing.
Item 2A - Page 40
Planning Commission Minutes (Excerpt)
June 28, 2023 – Page 2
In reference to Open Space for Residential Uses, Commissioner Aylaian said the wording, “minimum open space standards may be modified” does not state any specific limits. She questioned if they want to state a maximum lot coverage. Planning Director Hadwin said the thinking was that they were limiting the ability of these projects that want to provide affordable housing at those density limits. He’s uncertain if they have the right number and since this is such a discretionary process, they purposely left it open for discussion.
Attorney Priest said they reviewed this section and if the Commission thinks this is a significant policy change that needs further discussion it can be done at a future meeting.
Chair Weremiuk said she would like to see the definition of affordable housing be more specific.
Attorney Priest re -emphasized that this section is part of the PDD process and is not necessarily a flexible process. He said this was staff’s effort to maintain flexibility but if the Commission is interested in setting limits, they can provide direction to staff.
Planning Director Hadwin said staff was purposely silent on the percentage or amount of affordable housing that would need to be required. He indicated there are so many variables that go into it including State funding and other funding sources it’s a highly discretionary process and recommends to leave open for a site-by-site.
Commissioner Aylaian concurred that affordable housing is important; and adding an extra story or reducing open space are important things residents of Palm Springs. She agrees they need more rental housing and affordable housing is important but she’s not
certain this is the place to make it happen because the amendments are housekeeping changes to the zoning code.
Commissioner Miller said given the City is discussing a requirement for developers to provide affordable housing, he thinks they need to keep these items as tools to offer to a developer to incentivize the affordability of their units.
Public Hearing:
Ardine Thompson, Escena resident, provided background information on pickleball sport and their recommendations for regulating this sport court in a future date.
There being no further comments the public hearing was closed.
Aylaian, seconded by Weremiuk to recommend approval to C ity Council with changes outlined in the staff report with the following modifications:
1. Item 4, 2g- add night lighting “fixtures.”
Item 2A - Page 41
Planning Commission Minutes (Excerpt)
June 28, 2023 – Page 3
2. Item 9, C7 - No changes, to remain “Final Development Plan approval by Planning Commission.”
3. Item 9, De- to remain as is, no changes, as proposed by staff.
4. Item 9, Df- no changes
5. Item 9, DF- to remain, “Planning Commission”.
6. Item 9, Gb - staff to clarify only through internal reconfiguration with no additional building area.
AYES: AYLAIAN, HIRSCHBEIN, MILLER, MORUZZI, WEREMIUK
ABSENT: ROBERTS
I, TERRI HINTZ, Administrative Coordinator for the City of Palm Springs, hereby certify that the above action was taken by Planning Commission of the City of Palm Springs on the 28
th day of June, 2023, by the following vote:
AYES: AYLAIAN, HIRSCHBEIN, MILLER, MORUZZI, WEREMIUK
NOES: N ONE
ABSENT: ROBERTS
_________________________
Terri Hintz
Administrative Coordinator
Item 2A - Page 42
CITY COUNCIL STAFF REPORT
09/14/2023
SUBJECT:
A REQUEST BY THE CITY OF PALM SPRINGS FOR A PROPOSED AMENDMENT TO HISTORIC DISTRICT #1, “THE LAS PALMAS BUSINESS HISTORIC DISTRICT” (“LPBHD”) (CASE HSPB 30; HD-1)
RECOMMENDATION:
Open the public hearing and receive testimony. 1.
Close the public hearing and adopt a Resolution entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE LAS PALMAS BUSINESS HISTORIC DISTRICT (“LPBHD”) CASE HSPB 30 / HD-1 SUBJECT TO CONDITIONS.”
2. Attachments
Item 2B
CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 14, 2023 PUBLIC HEARING
SUBJECT: A REQUEST BY THE CITY OF PALM SPRINGS FOR A PROPOSED AMENDMENT TO HISTORIC DISTRICT #1 , “THE LAS PALMAS
BUSINESS HISTORIC DISTRICT” (“LPBHD”) (CASE HSPB 30; HD-1)
FROM: Scott C. Stiles, City Manager
BY: Department of Planning Services
SUMMARY:
This is a request for the City Council to approve amendments to the Las Palmas Business Historic District (“LPBHD”), which was the City’s first designated historic district. The proposed amendments are intended to better reflect the significant historic resources of the area and bring the district into compliance with current national standards and the City’s recently updated historic preservation ordinance. The Historic Site Preservation Board (HSPB) reviewed the proposed amendments at a public meeting and recommended approval of the amendments to the City Council.
RECOMMENDATION:
1. Open the public hearing and receive testimony.
2. Close the public hearing and adopt Resolution No. _____, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA , AMENDING THE LAS PALMAS BUSINESS HISTORIC DISTRICT (“LPBHD”) CASE HSPB 30 / HD-1 SUBJECT TO CONDITIONS.”
BUSINESS PRINCIPAL DISCLOSURE:
This is a City-initiated application; consequently, no disclosure form is required.
BACKGROUND:
In 1986, the City Council established the Las Palmas Business Historic District (“LPBHD”) as the City’s first designated historic district. In the 1980’s , the focus of historic preservation in Palm Springs was primarily on buildings from the late 1880’s through the 1940’s. The significance of the City’s rich architectural legacy from the mid- twentieth Item 2B - Page 1
City Council Staff Report
September 14, 2023 -- Page 2
Amendment to the Las Palmas Business Historic District (HD-1/HSPB #30)
century had not yet been discovered and t he City ’s historic preservation ordinance, established in 1981, provided only basic guidance for designating historic districts.
The LPBHD developed over several decades from the late 1920’s through the 1960’s as the City’s commercial district grew and expanded outward from the historic village center.
When the historic district was formed, it encompassed about 49 separate properties
1. Of
those, only seventeen (17) were listed as “contributing” properties (35% of the total , current ordinance requires a majority to be contributing). In addition, t he economic importance of the building stock from the mid-twentieth century in the district also became evident, yet these buildings were not recognized in the original designation.
In 2009, the HSPB began to re- examine the district to consider changes that would strengthen and improve the district. The firm Historic Resources G roup (“HRG”) was retained to assist. In 2016 the HSPB concluded their study; however, the comprehensive updates in the City’s historic preservation ordinance in 2019 and 2020 prompted further consideration. The updated preservation ordinance improved the procedures and criteria for establishing historic districts and brought the ordinance into general alignment with nationally accepted standards.
The Board identified the following shortcomings and inconsistencies in the original LPBHD:
1. The central focus in the 1980’s was primarily the “ revival” style hotels and commercial buildings fr om the 1930’s. Several important buildings from later periods were not considered.
2. Several properties listed in 1986 as “contributing” have been altered such that they no longer possess sufficient historic integrity to qualify as contributing.
3. Three single family residential properties had been included in the district in 1986 that do not relate to the business-oriented focus of the district.
4. National standards and the City’s historic preservation ordinance require that the majority of properties in a historic district “contribute” to the historic significance of the district – at only 35% of buildings contributing, the LPBHD currently does not meet this threshold.
5. The LPBHD lacks (1) a context statement describing that which makes the district significant, (2) an identified period of significance, and (3) an objective evaluation of each building within the district to substantiate historic significance.
1 Total number of parcels is about 55, but some are parking lots serving other parcels.
Item 2B - Page 2
City Council Staff Report
September 14, 2023 -- Page 3
Amendment to the Las Palmas Business Historic District (HD-1/HSPB #30)
6. The LPBHD Design Standards for Alterations and New Construction do not reflect the variety of architectural styles in the district and do not meet contemporary requirements for historic district design standards.
7. District boundaries should be adjusted to reflect the significant buildings and to minimize the number of “non-contributing” properties.
The amendments recommended by the HSPB would improve the LPBHD as follows:
1. Important architectural examples from the 1940’s through the 1960’s would be added to the list of contributing sites.
2. Significantly altered buildings previously identified as contributing would be moved to non-contributing status.
3. The single-family residences listed as contributing are recommended to be removed from the district and established as individual Class 1 sites.
4. The district boundaries would be adjusted such that at least 51% of the properties within the district would be contributing, thereby making it eligible for listing at the state or national level and conforming with the City’s own ordinances.
5. A “Context Statement” has been written clarifying the significance of the district , the period of significance has been established, and evaluation of each building within the district has been conducted.
Together, these changes enhance the integrity of the distri ct as well as its compliance with both national standards and the City’s Historic Preservation ordinance.
STAFF ANALYSIS:
Municipal Code section 8.05.090 (“Procedures and Criteria for designating Historic Districts”) provides the framework for the proposed amendment to the LPBHD. The table below compares the original LPBHD to the proposed amendment.
Item Original
LPBHD
Proposed
Amendment
Remarks
Period of Significance (none
identified)
1925 to
1960
As recommended by HSPB and
HRG.
Context Statement (none
identified)
Included As developed by HRG, see
attached.
Number of Residential
properties
3 0 Single family residences
recommended for stand-alone
Class 1 status outside the
district boundaries.
Item 2B - Page 3
City Council Staff Report
September 14, 2023 -- Page 4
Amendment to the Las Palmas Business Historic District (HD-1/HSPB #30)
Item Original
LPBHD
Proposed
Amendment
Remarks
Total Number of properties
in the district
55 28 District boundary proposed to
be reduced in area.
Total Number of
Contributing Properties
17 15
Reflecting significant buildings
from the 1920’s to the 1960’s
Properties recommended to
be re-classified from
Contributing to Non-
contributing
3 Due to alterations that
significantly impair the historic
integrity of the building or
property
Non-contributing properties
recommended to be
removed from the District
21 Removal of non-contributing
properties improves the overall
percentage of contributing
properties to over 51%
Non-contributing properties
recommended to be re-
classified as Contributing
4 Mostly mid-century Modern
buildings that were not
evaluated in 1986.
Percentage of properties
listed as contributing
35% 54% Achieves minimum threshold; a
majority of the properties in the
district thus are contributing
All sites evaluated and
documented to substantiate
historic significance
according to the revised
ordinance
No
criteria
provided
Criteria
provided for
each site.
Meets contemporary standards
for historic designation.
The HRG report recommended that the LPBHD design guidelines need revision to better reflect the architectural diversity of the district. The board took no action on revisions to the design guidelines, but staff suggested draft revisions to the design guidelines should be developed and will be proposed for HSPB consideration in the near future.
The two maps below graphically depict the LPBHD as it exists today and as proposed in the subject amendment. Enlarged versions of these maps are shown in the attached exhibits.
• The original 1986 boundaries of the district are shown as a bold red line. • The buildings in blue are existing and proposed contributing sites. • The blue cross -hatched sites are those originally noted as contributing that are proposed to be removed from the district.
• The proposed or amended district area is shown in yellow.
Item 2B - Page 4
City Council Staff Report
September 14, 2023 -- Page 5
Amendment to the Las Palmas Business Historic District (HD-1/HSPB #30)
BELOW LEFT, EXISTING DISTRICT BOUNDARY, BELOW RIGHT PROPOSED DISTRICT SHOWN IN YELLOW AND OVERLAID ON THE EXISITNG BOUNDARY TO SHOW THE CHANGES.
HSPB ACTION:
On December 7, 2021, at a noticed public meeting, the HSPB voted to recommend that the City Council amend the district to better reflect the significant historic resources therein and bring the district into compliance with national standards and the City’s recently updated historic preservation ordinance. A copy of the HSPB staff report packet can be reviewed here
.
ADDITIONAL PUBLIC OUTREACH:
Based on the recommendations of the HSPB in December 2021, staff began to prepare additional research on the buildings that the HSPB identified to be added as contributing resources to the district as well as verifying those buildings that had been significantly modified and were no longer contributing. Due to the length of time needed to conduct this additional research and the time that had passed since the HSPB public hearing, staff conducted a noticed public meeting to review the additional research with property owners. The meeting was held on June 21, 2023 , from 5pm to 6pm ; invitations were mailed to all property owners in the district. Staff received no comments, email or correspondence from any property owners. One property owner attended the open house and expressed support for the recommended changes.
Item 2B - Page 5
Las Palmas Business Historic District
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City Council Staff Report
September 14, 2023 -- Page 6
Amendment to the Las Palmas Business Historic District (HD-1/HSPB #30)
CONCLUSION:
The Las Palmas Business Historic District amendment strengthens the integrity of the City’s first and most diverse historic district , bringing it into conformance with the City’s Historic Preservation ordinance, as well as state and national standards.
Cultural Tourism – specifically related to the City’s renowned architectural heritage – continues to be an increasingly important segment of the City’s economy. Improving and promoting awareness of the Las Palmas Business Historic District as the first and most important historic district has the potential to contribute to the economic vitality of the City and properties within the district.
A draft resolution approving the proposed amendment s is provided for the Council’s consideration.
ENVIRONMENTAL ASSESSMENT:
The proposed historic district amendment 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 150 60(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.
ALIGNMENT WITH STRATEGIC PLANING:
Economic Development / Community Design.
FISCAL IMPACT:
None.
REVIEWED BY:
Department Director: Chris Hadwin
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. Vicinity Map
B. Draft Resolution
C. HSPB minute excerpt dated December 7, 2021
D. Existing and proposed historic district boundaries
E. Analysis and findings of significance for properties in the LPBHD F. City Council Resolution 15858 establishing the LPBHD dated May 7, 1986 Item 2B - Page 6
ATTACHMENT #A
Item 2B - Page 7
TAMARISK ROAD
ALEJO ROAD
MERITO PLACE
EL ALAMEDA
AVENIDA OLIVOS
CAHUILLA ROAD
GRANVIA VALMONTE
VIA EYTEL
INDIAN CANYON DRIVE
VALMONTE SUR
VALMONTE NORTE
MOUNTAIN VIEW PLACE
VIA CORTA
VIA CHICA
AVENIDA PALOS VERDES
AVENIDA PALMAS
PRESCOTT DRIVE
CALLE EL SEGUNDO
CALLE ENCILIA
SOUTH PALM CANYON DRIVE
BELARDO ROAD
CHINO ROAD
N PALM CANYON DRIVE
VIA MIRALESTE
VIA COLUSA
HERMOSA PLACE
VIA ALTAMIRA
Las Palmas Business Historic District
Exisiting Boundary Vicinity Map ¯
Legend
Las Palmas Exisiting Historic District Boundary
Las Palmas HD 500ft Buffer
Parcel Boundary
Item 2B - Page 8
ATTACHMENT #B
Item 2B - Page 9
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING THE LAS
PALMAS BUSINESS HISTORIC DISTRICT (“LPBHD”);
CASE HSPB 30 / HD-1, SUBJECT TO CONDITIONS.
WHEREAS, on May 7, 1986, the City Council adopted Resolution 15858 establishing the Las Palmas Business Historic District as the City’s first historic district; and
WHEREAS, in 2009, the City’s Historic Site Preservation Board (“HSPB”), initiated study on the Las Palmas Business Historic District to consider changes that would strengthen and improve the district. The City retained a historic preservation consultant, Historic Resources Group (“HRG”) to assist. Although the HSPB concluded their study in 2016, the comprehensive updates in the City’s historic preservation ordinance in 2019 and 2020 prompted further consideration; and
WHEREAS, on December 7, 2021, at a noticed public meeting, the HSPB voted to recommend that the City Council amend the district to better reflect the significant historic resources therein and bring the district into compliance with national standards and the City’s updated historic preservation ordinance; and
WHEREAS, on June 21, 2023 from 5pm to 6pm, the City conducted a noticed informational open house for property owners in the LPBHD to share the HSPB’s findings and recommendations; and
WHEREAS, A notice of the public hearing of the City Council of the City of Palm Springs to consi der the HSPB’s recommendations was given in accordance with applicable law; and
WHEREAS, On September 14, 2023, a public hearing of the City Council was held to consider the HSPB’s recommendations. At said hearing the City Council 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 presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.
That the foregoing recitals are true and correct and are incorporated herein by this reference.
SECTION 2
. The proposed historic district amendment 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) Item 2B - Page 10
Resolution No. _____
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 3
. The C ontext Statement for the LPBHD reflecting the historic significance of the district shall be as follows:
The Las Palmas Business Historic District developed over several decades from the 1920’s through the 1960’s. It contains noteworthy buildings designed in a variety of architectural styles reflecting the evolution of prevailing architectural taste from traditional “revival” styles to modern. Its significance lies in its ability to reflect this evolutionary period in commercial development along the City’s principal commercial corridor as the City rapidly expanded beyond the original small village “core”.
SECTION 4
. The Period of Significance for the LPBHD shall be 1920 to 1969.
SECTION 5
. The following table reflects the official contributing and non- contributing status of each property that was in the original LPBHD boundary , those properties to be retained within the district and those to be removed as a part of this amendment.
APN: ADDRESS: COMMON NAME PROPOSED REVISION:
1 507-640-007 560 N Indian Cyn The Villas at the Movie
Colony
Non-contributing, Remove from District
1a 507-540-006 542 N Indian Cyn The Villas at the Movie Colony
Non-contributing, Remove from District
2 507-540-005 544 N Indian Cyn The Villas at the Movie
Colony
Non-contributing, Remove from District
3 507-540-004 546 N Indian Cyn The Villas at the Movie
Colony
Noin-contributing, Remove from District
4 507-540-003 548 N Indian Cyn The Villas at the Movie
Colony
Non-contributing, Remove from District
5 507-540-002 550 N Indian Cyn The Villas at the Movie
Colony
Non-contributing Remove from District
6 507-540-001 552 N Indian Cyn The Villas at the Movie
Colony
Non-contributing, Remove from District
7 507-195-018 572 N Indian Cyn Colonial House (AKA
Colony Palms Hotel)
Contributing, no change
8 507-183-007 640 N Indian Cyn David Margolius Res /
Ambassador Hotel /
Spanish Inn(AKA The
Triada Hotel)
Change to non-contributing, remove from
district (altered, integrity compromised)
9 507-183-008 276 Granvia
Valmonte
Single Family Residence
Turner Residence
Non-contributing, Remove from District
10 507-183-005 265 E Via Altamira Single Family Residence Frank Conklin Res /
Palm Springs Club
Non-contributing, Remove from District
11 507-181-010 726 N Indian Cyn San Jacinto Hotel /
Movie Colony Hotel
Non-contributing, Remove from District
12 507-181-009 784 N Indian Cyn Pkg Lot for Indian Manor Non-contributing, Remove from District Item 2B - Page 11
Resolution No. _____
13 507-181-001 784 N Indian Cyn Los Arboles Hotel (AKA
Indian Manor Hotel)
Contributing, No change
14 507-181-002 275 E Tamarisk Rd Cheney Apartment
building
Non-contributing, Remove from District
15 507-161-006 200 E Tamarisk Rd SFR (Wm. Schwartz
Res)
Remove from District as separate Class 1
site
16 507-161-007 840 N Indian Cyn SFR (Steven Cushman
Res)
Remove from District as separate Class 1
site
17 507-165-007,
001, 002,
003, 004,
005, 006
860 N Indian Cyn Condominiums
Non-contributing, remove from district
18 507-161-001 888 N Indian Cyn Lubenski Apts / (AKA
Morningside Inn)
Non-contributing, Remove from District
19 505-325-003 538 N Indian Cyn Frances Stevens Sch &
Park
Contributing, No change
20 505-303-037 622 N Palm Cyn Formerly Reid Clinic I
(AKA Alcazar Hotel)
Contributing, No change
21 505-303-036 622 N Palm Cyn Birba / Cheeky’s
Restaurant
Non-contributing, no change
22 505-303-004 650 N Palm Cyn Reid Clinic II Change to non-contributing, (heavily altered, historic integrity compromised)
23 505-303-012 664 N Palm Cyn Wilson-Sorum Bldg. Contributing, no change 23a 505-303-012 666 N Palm Cyn Backstrom Reid Bldg. Non-contributing, change to Contributing 24 505-303-002 700 N Palm Cyn Clifton Dental Clinic Contributing, no change 25 505-303-018 750 N Palm Cyn Bianco-Liddy Bldg (AKA
Flannery Exchange
Bldg)
Non-contributing, no change
26 505-286-004 756 N Palm Cyn Part of Samson Curtis
Bldg
Non-contributing, no change
27 505-286-003 760 N Palm Cyn Part of Samson Curtis
Bldg
Non-contributing, no change
28 505-286-009 (no address) Casa Palmeras parking Non-contributing, no change 29 505-286-010 783 N Indian Cyn /
175 Tamarisk Rd.
Casa Palmeras /
Palmaire Apts.
Contributing, no change
30 505-286-002 766 N Palm Cyn Kocher Samson Bldg Contributing, no change 31 505-286-001 798 N Palm Cyn The Pacific Bldg Contributing, no change 32 505-285-014 800 N Palm Cyn El Paseo Bldg Contributing, no change 33 505-285-008 140 E Tamarisk The De Anza Hotel Contributing, no change 34 505-285-015 830 N Palm Cyn Former El Paseo
Pharmacy
Non-contributing, no change
35 505-285-006 844 N Palm Cyn Former Palm Springs
Water Company
Contributing, change to non-contributing
36 505-285-004 850 N Palm Cyn Part of Simsarian Bldg Non-contributing, no change 37 505-285-005 850 N Palm Cyn Part of Simsarian Bldg Non-contributing, no change 38 505-285-011 855 N Indian Cyn Formerly Crawford Apts
/ Village Inn Hotel
Non-contributing, no change
39 505-285-003 886 N Palm Cyn Retail Building
(Currently A la Mod
Store)
Non-contributing, no change
40 505-285-002 Part of 894 N Palm
Cyn
Palm Springs Florist Contributing change to non-contributing, remain in district
Item 2B - Page 12
Resolution No. _____
41 505-285-001 894 N Palm Cyn Palm Springs Florist Contributing, change to non-contributing. (heavily altered, historic integrity
compromised) remain in district
42 505-285-012 175 E El Alameda Formerly Solano Ct /
Harlow Haven)
Contributing, no change
43 505-302-008 621 N Palm Cyn Formerly El Tovar
Apartments (AKA
Copleys Restaurant)
Non-contributing, remove from district
44 505-302-006 641 N Palm Cyn Apt bldg. (Former Del
Hai Mo Lodge)
Non-contributing, remove from district
45 505-302-011 655 N Palm Cyn Hollowell Bldg. Non-contributing, remove from district 46 505-302-025 673 N Palm Cyn Adolph Israel Bldg Non-contributing, remove from district 47 505-302-027 687 N Palm Cyn Henry Dollard Bldg Non-contributing, change to contributing 48 505-283-007 735 N Palm Cyn Armand Turronet Bldg Non-contributing, change to contributing 49 505-283-008 777 N Palm Cyn 2 story ofc retail bldg. Non-contributing, remove from district 50 505-283-023 787 N Palm Cyn Former El Paso
Pharmacy
Non-contributing, remove from district
51 505-283-024 803 N Palm Cyn Condo Bldg Non-contributing, remove from district 52 505-283-010 849 N Palm Cyn Former U.S. Post Office Non-contributing, remove from district 53 505-283-011 865 N Palm Cyn Former Culver Nichols
RE Bldg & Medical
Offices
Non-contributing, remove from district
54 505-283-012 875 N Palm Cyn Formerly Clark & Frey
Ofc Bldg
Non-contributing, change to contributing
55 505-283-013 895 N Palm Cyn Nichols Bldg II, (AKA
Trina Turk)
Non-contributing change to contributing.
SECTION 6. The HSPB may amend the LPBHD Design Standards from time to time to reflect the significance of the district and to encourage alterations and new development in the district that are harmonious with the historic significance of the district.
SECTION 7.
The following conditions shall apply to all properties in the proposed amended historic district:
1. Historic Markers. The owner of each property in the LPBHD shall permit but not obligate the City to place a historic marker of the City’s choosing on the site (on a building, wall, boulder or other surface) viewable from the public right-of-way. If installed the owner shall maintain the marker in the location installed and pay for the replacement cost if the marker is lost, stolen, damaged or otherwise removed from the property.
2. Exterior alterations to all properties in the LPBHD including but not limited to the building, site, landscaping, lighting, walls and fences, signage, awnings, etc. shall be reviewed by the City pursuant to Palm Springs Municipal Code (“PSMC”) Section 8.05 (“Historic Preservation”) and other relevant development standards and guidelines outlined in the City’s Municipal Code and Zoning Code.
3. The City Clerk shall submit th is Council resolution to the County Recorder for recordation upon the title of each property within the amended district within 90 days of the effective date of this resolution.
Item 2B - Page 13
Resolution No. _____
ADOPTED THIS 14TH DAY OF SEPTEMBER, 202
3 SCOTT STILES
CITY MANAGER
ATTEST:
BRENDA PREE, MMC
CITY CLERK
Item 2B - Page 14
Resolution No. _____
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE , City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE, MMC
CITY CLERK
Item 2B - Page 15
ATTACHMENT #C
Item 2B - Page 16
EXCERPTS OF MINUTES
At the Historic Site Preservation Board meeting of the City of Palm Springs , held December 7, 2021, the Historic Site Preservation Board took the following action:
4.B. PROPOSED AMENDMENT TO HISTORIC DISTRICT #1; “THE LAS PALMAS BUSINESS HISTORIC DISTRICT” (“LPBHD”) (CASE HSPB 30; HD-1) (KL)
Staff member Lyon summarized the staff report.
Recommendation #1 – Context Statement. Motion by Rose, seconded by Miller, to adopt the context statement as proposed adjusting the second line to read, “…from 1920 through 1969.”
AYES: Miller, Rose, Nelson, Kiser, Hansen, Hough
NOES: None
ABSENT: Rosenow
Recommendation #2 – Period of Significance. Motion by Rose, seconded by Hansen, to establish the Period of Significance from 1920 to 1969.
AYES: Miller, Rose, Nelson, Kiser, Hansen, Hough
NOES: None
ABSENT: Rosenow
Vice Chair Nelson referenced Section 3 relative to the building proposed for removal from contributing, 265 E. Via Altamira, he noted it was previously a club, has not been lived in for a long time and believed it should be kept as contributing as it is not a private residence and has a high level of historical integrity; made corrections to the addresses in Items 4G and 4H; spoke about Item 5A and 5B noting they have retained enough historic integrity to remain as contributing and that the changes made were reversible; discussed Item 6L, noting it was the first post office in town and has the original front façade and mentioned Item 6O noting it was built in 1955 and offered a brief history.
Board Member Kiser commented positively on the proposed recommendations.
Board Member Miller made typographical corrections.
Board Member Hanson noted the changes were made according to today's standards.
Item 2B - Page 17
Vice Chair Nelson expressed disappointment that his comments were not discussed further.
Staff member Lyon responded to Vice Chair Nelson's comments.
Recommendation #3 (listed in the staff report in error as #4) – Adopt the proposed changes in status of each parcel as outlined in the staff report.
Motion by Kiser, seconded by Miller.
AYES: Miller, Nelson, Kiser, Hansen, Hough
NOES: None
ABSENT: Rosenow, (Rose lost internet connection with the meeting and did not vote on this item.)
Recommendation #4 (listed in the staff report in error as #5) – Adopt the proposed revision in the district boundaries as outlined in the staff report.
Motion by Miller, seconded by Nelson, to accept the boundaries but adding the Dollard Building and the Turronet Building within the revised district boundaries.
AYES: Miller, Nelson, Kiser, Hansen, Hough
NOES: None
ABSENT: Rosenow, (Rose lost internet connection with the meeting and did not vote on this item.)
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 7
th day of December, 2021, by the votes as listed above.
_________________________
Joanne Bruggemans
Adminstrative Secretary
Item 2B - Page 18
ATTACHMENT #D
Item 2B - Page 19
EXISTING AND PROPOSED MAPS OF
THE LAS PALMAS BUSINESS HISTORIC DISTRICT
NEIGHBORHOOD OPEN HOUSE
Item 2B - Page 20
Las Palmas Bus iness Historic District
Exisiting Boundary
Legend
Contributing Sites
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ATTACHMENT #E
Item 2B - Page 21
ANALYSIS AND ELIGIBILITY FINDINGS FOR PROPERTIES IN THE LAS PALMAS BUSINESS HISTORIC DISTRICT (HSPB #30, HD-1)
June 21, 2023
This list briefly summarizes the HSPB’s analysis and basis for recommendations of each property in the LPB HD, noting which ones contribut e to the historic significance of the Las Palmas Business Historic District and which are deemed non-contributing.
To be deemed a contributing site, the property must exhibit the same exceptional historic significance as a Class 1 “Landmark” site - including meeting both the criteria for historic significance as well as possessing a high degree of historic integrity.
For a site in a historic district to be deemed “contributing”, it must have exceptional historic significance and meet one or more of the following criteria:
1. The site is associated with events that have made a meaningful contribution to the nation, state or community.
2. The site is associated with the lives of persons who made a meaningful contribution to national, state or local history.
3. The site reflects or exemplifies a particular period of national, state or local history.
4. The site embodies the distinctive characteristics of a type, period or method of construction.
5. The site presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value.
6. The site represents a significant and distinguishable entity whose components may lack individual distinction.
7. The site has yielded or may be likely to yield information important to national, state or local history or prehistory.
In addition, for a site to be deemed “contributing”, it must also possess a high degree of “historic integrity”. Historic integrity is evaluated based on the following factors:
location, design, setting, materials, workmanship, feeling and association as defined by the United States Department of the Interior, National Park Service’s bulletin for evaluating historic integrity.
Item 2B - Page 22
HSPB #30 – HD-1 Las Palmas Business Historic District Page 2 of 25 Analysis and findings on individual properties June 21, 2023
(1) 175 East El Alameda – Harlow Haven Hotel, 1936.
HSPB determination: Contributing, no change proposed.
Integrity: Excellent.
Criteria 3 & 4, (Period, Distinct characteristics.)
Good example of bungalow court type hotel.
Good example of Spanish Colonial Revival architecture.
(2) 265 East Via Altamira – Frank Conklin Residence (aka Palm Springs Club) c. 1930’s.
HSPB determination: historically significant but not related to the district theme of commercial / business development. Remove from the district & establish as individual Class 1 site.
Integrity: Excellent.
Criteria 3 & 4 (Period, Distinct characteristics.)
Good example of modest Spanish Colonial Revival architecture in a single -family residence from the 1930’s.
(3) 548 North Indian Canyon Drive – The Villas at Movie Colony c 1980’s HSPB recommendation: Non-contributing, remove from the historic district.
Item 2B - Page 23
HSPB #30 – HD-1 Las Palmas Business Historic District Page 3 of 25 Analysis and findings on individual properties June 21, 2023
Currently listed as non-contributing, outside the period of significance for the district.
(4). 572 North Indian Canyon Drive – Colony Palms Hotel, 1934 HSPB Recommendation: Contributing, no change proposed.
Integrity: Good.
Criteria 3 & 4 (Period, Distinct Characteristics.)
Good example of Spanish Colonial Revival hotel , minor alterations, from the period of significance.
(5) 640 N. Indian Canyon Drive – Triada Hotel (aka Spanish Inn, Ambassador Hotel), 1936 HSPB recommendation: C urrently contributing, however due to recent alterations the property no longer is recognizable from its original condition. Change to non-contributing.
Item 2B - Page 24
HSPB #30 – HD-1 Las Palmas Business Historic District Page 4 of 25 Analysis and findings on individual properties June 21, 2023
Integrity: Poor, heavily altered, additions, no longer reflects historic condition.
(6) 726 N. Indian Canyon Dr. – San Jacinto Hotel (aka Movie Colony Hotel), 1935 HSPB Recommendation: Non-contributing, remove from district.
Integrity: Poor, heavily altered no longer reflects historic condition.
Designed by architects John Porter Clark & Albert Frey, remodeled 1945 by architect Item 2B - Page 25
HSPB #30 – HD-1 Las Palmas Business Historic District Page 5 of 25 Analysis and findings on individual properties June 21, 2023
Harry Williams. Not a noteworthy example of these architect’s work.
(7) 783 North Indian Canyon Drive – Palmaire Apartments (aka Casa Palmeras) 1930 HSPB recommendation Currently contributing, no change proposed.
Criteria 3, 4, & 5 (Period, distinct characteristics, Architect of significance.
Integrity: Excellent.
Good example of small Spanish Colonial Revival hotel from the 30’s Early work of master architect Paul R. Williams.
(8) 784 North Indian Canyon Drive – Los Arboles Hotel (aka Indian Manor Hotel), 1935 HSPB Recommendation: Currently contributing, no change proposed.
(Includes APN 507- 181-009 (Parking lot for Indian Manor) parking lot non -contributing remove from district.)
Item 2B - Page 26
HSPB #30 – HD-1 Las Palmas Business Historic District Page 6 of 25 Analysis and findings on individual properties June 21, 2023
Integrity: good, some alterations at entry portal, significant but otherwise reflects historic condition.
Criteria 3 & 4 (Period, Distinct characteristics).Good example of small hotel from period.
(9) 140 East Tamarisk (805 N. Indian Canyon Drive) – De Anza Apartments, c. 1930 HSPB recommendation: Currently contributing, no change proposed.
Integrity: Good.
Criteria 3 & 4 (Period, Distinct characteristics).
Good example of hotel from period of significance.
Good example of Spanish Colonial Revival architecture.
(10) 200 E. Tamarisk (814 N Indian Canyon Drive) – Schwartz Residence, 1930 HSPB recommendation: Currently contributing, appears historically significant but not related to the district theme of commercial / business development. Remove from the district & establish as individual Class 1 site.
Criteria: 3, 4 (Period, Distinct characteristics.)
Integrity: Good (needs HSPB site visit to confirm)
Item 2B - Page 27
HSPB #30 – HD-1 Las Palmas Business Historic District Page 7 of 25 Analysis and findings on individual properties June 21, 2023
Example of single family residence in the Spanish Colonial Revival style from the period of significance.
(11) 840 North Indian Canyon Drive – Steven Cushman Residence, 1930.
HSPB recommendation: Currently contributing, appears historically significant but not related to the district theme of commercial / business development. Remove from the district & establish as individual Class 1 site.
Criteria 3 (Period).
Integrity: fair.
Recommend site visit to verify integrity conditions and eligibility.
(12) 855 North Indian Canyon Drive – Crawford Apartments (aka Village Inn Hotel), 1945 HSPB Recommendation Currently non- contributing, recommend no change (recently demolished). Retain in district to establish reasonable boundaries.
Recent HSPB approval for significant change to property.
Not a noteworthy example of building type.
(13) 860 North Indian Canyon Drive, 1979.
HSPB Recommendation Currently non-contributing, remove from district.
Item 2B - Page 28
HSPB #30 – HD-1 Las Palmas Business Historic District Page 8 of 25 Analysis and findings on individual properties June 21, 2023
Not constructed during the period of significance.
(14) 888 N. Indian Canyon Drive – Bearfoot Inn (aka Morningside Inn, Starliner Hotel), 1943 HSPB recommendation: Currently non-contributing, propose removal from district.
Integrity: poor. Too heavily altered to reflect period of significance or historic condition.
(15) 538-550 North Palm Canyon Drive – Frances Stevens School & Park, 1927.
HSPB recommendation: Contributing, no change proposed.
Criteria 3 & 4.
Good example of civic / educational building & park from period of significance.
Simplified Spanish Colonial Revival Architecture.
Integrity: Good; adaptive reuse as arts center, deferred maintenance.
Item 2B - Page 29
HSPB #30 – HD-1 Las Palmas Business Historic District Page 9 of 25 Analysis and findings on individual properties June 21, 2023
(16) 6 22 North Palm Canyon Drive (600 N Palm Canyon) – Birba Restaurant, c 2005 HSPB recommendation: Non -contributing, no change proposed. Outside the period of significance. Retain in district to establish reasonable boundaries.
Not constructed during the period of significance for the district.
(17) 622 North Palm Canyon Drive – Cheeky’s Restaurant (aka part of Reid Clinic), c. 1930 HSPB Recommendation: Currently non- contributing, no change proposed. Retain in district to establish reasonable boundaries.
Integrity: poor, significantly altered. No longer conveys historic significance.
Early (1927) structure part of Dr. Henry Reid’s Medical Clinic.
Built during the period of significance for the district, but too altered to be deemed contributing.
(18) 621 N. Palm Canyon Drive – Copley’s Restaurant (aka El Tovar Apts,), 1947 HSPB recommendation: Currently non-contributing, remove from district.
Item 2B - Page 30
HSPB #30 – HD-1 Las Palmas Business Historic District Page 10 of 25 Analysis and findings on individual properties June 21, 2023
Heavily altered, poor i ntegrity, does not convey significance related to district theme, period or building type.
Does not meet eligibility criteria.
(19) 622 North Palm Canyon Drive - Alcazar Hotel (aka Peppertree Hotel), c. 1930 HSPB recommendation: Currently contributing, no change proposed.
Item 2B - Page 31
HSPB #30 – HD-1 Las Palmas Business Historic District Page 11 of 25 Analysis and findings on individual properties June 21, 2023
Criteria: 3 & 4 (Period & Distinctive characteristics).
Integrity: fair. Numerous alterations.
Good example of hotel from the period of significance.
Good example of Spanish Colonial Revival architecture.
Opportunity to improve historic integrity by restoring missing components.
(20) 641 N Palm Canyon Drive (639-647 N Palm Canyon) – Del Hai Mo Lodge, 1947 HSPB recommendation: Currently non-contributing, remove from district.
Integrity: poor, numerous alterations.
Hotel / apartments built during the period of significance, but too heavily altered to convey significance, does not exemplify period or type.
(21) 648-650 North Palm Canyon Drive – Dr. Henry Reid Clinic (aka Tchotchke’s) 1939 HSPB recommendation: Currently contributing, propose change to non- contributing, retain in district to establish reasonable boundaries. (part of Reid Clinic)
Item 2B - Page 32
HSPB #30 – HD-1 Las Palmas Business Historic District Page 12 of 25 Analysis and findings on individual properties June 21, 2023
Poor integrity compromised, significantly altered, no longer conveys original use, style, or period of significance.
(22) 655 North Palm Canyon Drive – Hollowell Building, 1970 HSPB recommendation: Currently non- contributing, propose no change remove from district.
Not constructed during the period of significance for the district. (1971)
(23) 664 North Palm Canyon Drive – Wilson-Sorum Building, 1937 HSPB recommendation: Currently non-contributing, propose change to contributing.
Item 2B - Page 33
HSPB #30 – HD-1 Las Palmas Business Historic District Page 13 of 25 Analysis and findings on individual properties June 21, 2023
Currently listed as non-contributing – recommended change to contributing status.
Criteria 3, (Period).
Integrity: Fair, some alterations.
Courtyard type of office building from the period of significance. Architect Charles O.
Matcham. On same parcel as 666 N Palm Canyon (Also recommended as contributing.)
(24) 666 N. Palm Canyon Drive – Backstrom-Reid Building (aka Lapham Building),1956 HSPB recommendation: Currently non-contributing, propose change to contributing.
Criteria: 3 & 4 (Period, Distinctive characteristics.
Integrity: Excellent.
Excellent example of mid-century modern commercial architecture.
Good example of property from the period of significance. (Located on same parcel as 664 N Palm Canyon Drive.)
(25) 673 - 675 North Palm Canyon Drive – Adolph Israel Building – 1952 HSPB recommendation: Currently non- contributing, propose no change, remove from district.
Item 2B - Page 34
HSPB #30 – HD-1 Las Palmas Business Historic District Page 14 of 25 Analysis and findings on individual properties June 21, 2023
Integrity: poor, numerous alterations.
Not eligible per HD criteria.
No longer conveys period of significance.
(26) 687 North Palm Canyon Drive – Dollard Building, 1947 HSPB recommendation: Currently non-contributing, propose change to contributing.
Criteria 3, 4 (Period, distinct characteristics.)
Integrity: Good.
Good example of commercial property relating to the theme of the district.
Unique example of “late moderne” architecture reflecting the period of significance of the district.
Work of local architect’s Clark & Frey with Robson Chambers.
(27) 700 North Palm Canyon Drive – Clifton Dental Building, 1937 HSPB recommendation: Currently contributing, propose no change.
Item 2B - Page 35
HSPB #30 – HD-1 Las Palmas Business Historic District Page 15 of 25 Analysis and findings on individual properties June 21, 2023
.
Criteria 3 (Period).
Integrity: Good.
Example of small medical / dental office from the period of significance.
Some modifications may have been designed by John Porter Clark, however does not present a noteworthy example of his work.
(28) 735 North Palm Canyon Drive – Turonnet Building (707-749) – 1953 HSPB recommendation: Currently non-contributing, propose change to contributing.
Criteria 3 & 5 (Period, association with significant architects).
Integrity: Good.
Good example of commercial building from the mid-century period.
Designed by master architects Clark & Frey.
(29) 750 North Palm Canyon Drive – Former Security Pacific Savings & Loan, 1970 HSPB recommendation: Currently non-contributing, propose no change.
Item 2B - Page 36
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HSPB #30 – HD-1 Las Palmas Business Historic District Page 16 of 25 Analysis and findings on individual properties June 21, 2023
Not constructed during the period of significance for the district.
(30) 756 & 760 North Palm Canyon Drive – Samson Curtis Insurance Building, 1947 HSPB recommendation: Currently non-contributing, propose no change. (Comprised of 2 parcels.)
Substantially altered.
Integrity: fair.
Architect Howard Lapham.
Not a noteworthy example of the period of significance.
Not eligible based on criteria.
(31) 766-768 North Palm Canyon Drive – Kocher-Samson Building, 1934 HSPB recommendation: Currently Class 1, add to contributing status.
Item 2B - Page 37
HSPB #30 – HD-1 Las Palmas Business Historic District Page 17 of 25 Analysis and findings on individual properties June 21, 2023
Criteria 3, 4 & 5 (Period, method of construction, architect of significance).
Integrity: good.
Good (and rare) very early example of International Modern architecture.
Good example of commercial building from the period of significance.
Notable example of the work of internationally known architect Albert Frey.
(32) 777 North Palm Canyon Drive, c 1985.
HSPB recommendation: Currently non-contributing, remove from district.
Constructed outside period of significance.
(33) 798 North Palm Canyon Drive – The Pacific Building, 1930 HSPB recommendation: Currently contributing, propose no change.
Item 2B - Page 38
HSPB #30 – HD-1 Las Palmas Business Historic District Page 18 of 25 Analysis and findings on individual properties June 21, 2023
Criteria 3, & 4 (Period distinctive characteristics).
Integrity: Very good.
Good example of commercial mixed use building from period of significance.
Good example of Mission Revival / Spanish Colonial Revival.
Architect Brewster & Benedict.
(34) 787 North Palm Canyon Drive – El Paseo Pharmacy, 1960 HSPB recommendation: Currently non-contributing, remove from district.
Integrity: poor, completely remodeled.
Not eligible based on criteria.
(35) 803 North Palm Canyon Drive – Condominiums / Mixed Use c. 2010 HSPB recommendation; Currently non-contributing, remove from district.
Item 2B - Page 39
HSPB #30 – HD-1 Las Palmas Business Historic District Page 19 of 25 Analysis and findings on individual properties June 21, 2023
Not constructed during the period of significance for the district.
(36) 800 North Palm Canyon Drive – El Paseo Building, 1926 HSPB recommendation: Currently contributing, no change proposed.
Currently listed as contributing, however altered.
Integrity: fair.
Criteria 3 (Period).
Some historically significant elements removed (front covered porch, balcony railings, original windows, roof tiles, etc).
One of the earliest commercial structures built during the period of significance for the Item 2B - Page 40
HSPB #30 – HD-1 Las Palmas Business Historic District Page 20 of 25 Analysis and findings on individual properties June 21, 2023
district. Significant building type with courtyard, paseos, tilework, etc.
(37) 830 North Palm Canyon Drive – El Paseo Pharmacy 1956 HSPB recommendation: Currently non-contributing, propose no change.
.
Substantially altered.
Integrity: poor, no longer conveys historic importance related to the period of significance for the district.
Not eligible based on criteria.
(38) 844 North Palm Canyon Drive – Whitewater Mutual Water Company Building, 1941 HSPB recommendation: Currently contributing, propose change to non-contributing.
Integrity: poor, substantially altered, faux “deco” details added.
Early utilitarian commission by master architect John Porter Clark that does not stand as a noteworthy example of his work.
Does not meet eligibility criteria.
(39) 849 North Palm Canyon Drive – U.S. Post Office – (aka 849 Restaurant), 1955 HSPB recommendation: Currently non-contributing, remove from district.
Item 2B - Page 41
HSPB #30 – HD-1 Las Palmas Business Historic District Page 21 of 25 Analysis and findings on individual properties June 21, 2023
Integrity: poor, substantially altered, no longer conveys period of significance.
Originally constructed for use as a U. S. Post Office.
(40) 850 North Palm Canyon Drive; “Simsarian Plumbing” 1947 HSPB recommendation Currently non- contributing, propose no change. (Comprised of two parcels.)
Does not retain sufficient integrity to convey significance. No longer recognizable from original condition.
Later, occupancy change to office of Arthur Elrod & Steve Chase, however not sufficient to meet criteria.
(41) 865 North Palm Canyon Drive (also 861-865), 1930, 1951.
HSPB recommendation: Currently non-contributing, remove from district.
Item 2B - Page 42
HSPB #30 – HD-1 Las Palmas Business Historic District Page 22 of 25 Analysis and findings on individual properties June 21, 2023
Integrity: poor, substantially altered, does not convey historic importance from period of significance.
Associated with local realtor Culver Nichols who established his real estate office in the southernmost structure in 1930 and remained there for many years. Not eligible based on criteria.
(42) 875-879 North Palm Canyon Drive – Clark & Frey Building, 1947 HSPB recommendation: Currently non-contributing, propose change to contributing.
Item 2B - Page 43
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HSPB #30 – HD-1 Las Palmas Business Historic District Page 23 of 25 Analysis and findings on individual properties June 21, 2023
Integrity: high.
Criteria 3 and 4 (Period distinctive characteristics).
Minimalist architecture from the mid-century era.
Conveys significance of district theme and period of significance.
Designed by notable architects Clark & Frey.
(43) 886 North Palm Canyon Drive (Also 882) – 1947.
HSPB recommendation: Currently non-contributing, propose no change.
Integrity: poor; significantly altered.
No longer conveys significance relative to theme or period of district.
Not eligible based on criteria.
(44) 894 North Palm Canyon Drive – Palm Springs Florist, 1938 HSPB recommendation: Currently contributing, propose change to non- contributing.
Retain in district to establish reasonable boundaries.
Item 2B - Page 44
HSPB #30 – HD-1 Las Palmas Business Historic District Page 24 of 25 Analysis and findings on individual properties June 21, 2023
Integrity: poor.
Criteria 3 (Period).
Unique commercial building type (greenhouse) from period of significance.
Greenhouse and front covered porch retain some degree of integrity but all are heavily altered, historic integrity no longer exists.
(45) 895 N. Palm Canyon Drive (also 891-899) – Nichol’s Building, 1953 HSPB recommendation: Currently non-contributing, propose change to contributing.
Integrity: high.
Criteria 3, 4 & 5.
Good example of commercial multi-tenant building from the period of significance.
Good example of minimalist architecture from the mid-century period.
Item 2B - Page 45
HSPB #30 – HD-1 Las Palmas Business Historic District Page 25 of 25 Analysis and findings on individual properties June 21, 2023
Noteworthy example of the work of master architects Clark & Frey.
(46) 276 East Granvia Valmonte – Turner Residence (aka Chapman Apartments) HSPB recommendation Currently non-contributing, propose removal from district.
Single family residence, constructed during period of significance for the district, but not related to the commercial theme of the district; Recommend removal from district.
(47) 275 Tamarisk – Chaney Apartments, 1939
HSPB recommendation: Currently non-contributing, remove from district.
Integrity: poor.
Criterion 3 (Period).
Example of modern multi-family development from the period of significance. Early example of design by architects John Porter Clark and Albert Frey. Does not relate to the business / commercial theme of the district.
(end of list)
Item 2B - Page 46
ATTACHMENT #F
Item 2B - Page 47
Item 2B - Page 48
RESOLUTION NO. 15858
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE LAS !'ALMAS BUSINESS HISTORIC DISTRICT AS AN HISTORIC DISTRICT CONTAINING CLASS 3 & 4 HISTORIC SITES SUBJECT TO ASSOCIATED DESIGN GUIDELINES.
WHEREAS the Las Palmas Business Historic District and its associated personages and past events have contributed to the history of the City of Palm Springs; and WHEREAS the Las Palmas Business Historic District has long been an important business district for both residents and visitors in the CHy of Palm Springs; and WHEREAS the Las Palrnas Business Historic District contains numerous noteworthy structures of historical and architectural importance; and WHEREAS Ordinance 1140 of the City of Palm Springs allows for the designation of historic districts; and WHEREAS on Sept. 4, 1985, the North Palm Canyon Project Area Committee, after reviewing the possibility of using the remaining historic structures as a basis for community design, forwarded draft design guidelines to the Historic Site Preservation Board for review; and WHEREAS on October 14, 1985, the Historic Site Preservation Board initiated proceedings to designate the Las Palmas Business Historic District as an historic district; and WHEREAS on November 12, 1985, the Historic Site Preservation Board held a public hearing on said designation and unanimously recommended to the City Council designation of said area as an historic district containing Class 3 & 4 Historic Sites; and WHEREAS the Architectural Advisory Committee and the Planning Commission have reviewed the associated design guideline and concur in the recommendation of the Historic Site Preservation Board; and WHEREAS the City Council concurs in the recommendation of the Historic Site Preservation Board regarding the historic value of the Las Palmas Business Historic District and the adoption of associated design 11uidelines; and WHEREAS the designation of the Las Palmas Business Historic District shall further the purposes and intent of Ordinance 1140; and IJHEREAS the designation of the Las Palmas Business Historic District shall promote sensitive development of said area.
NOW, THEREFORE, BE IT RESOLVED that the City Counci 1 of the City of Palm Springs, California does resolve as follows:
l
I
Section 1. Las Palmas Business Historic District sh,11 be designated an Historic District pursuant to City Ordinance No. 1140, the , I boundary of said district shall be according to the attached legal description and map.
Section 2. The properties indicated on the attached J-ist and map shall be designated as Class 4 Historic Sites; the remaining properties shall be designated as Class 3 Historic Sites.
WP/Res
Item 2B - Page 49
I
I
I , ..
RESOLUTION NO. 15858
Section 3. New construction and major remodel projects and commercial renovation projects, as determined by the Planning Division, shall ·be subject to review by the associated design guidelines.
ADOPTED this _...:.7...:.t...:.h ___ day of May , 1986. '------ AYES:
NOES:
Councilmembers Apfelbaum, Birer, Foster and Smith
None
ABSENT: Mayor Bogert
ATTEST:
By (:'.~W~-:____, e_~----
' J City Clerk
REVIE\JEO & APPROVED: -Ji/Juii,"jl.la_,J!.\:ll"''--AJWfJ~Ji:J..l.~----------- r "'
WP/Res
Item 2B - Page 50
Containing:
LAS PAI.MAS BUSINESS HISTORIC DISTRICT
LEGAL DESCRIPTION
The easterly half of lots 112, 113, -and 114; and lots 115, 116, 117, 118, 119, 123, 124 and 125 of Merito Vista, M.B. 12/94, Riverside County; and The southerly sixteen (16) feet of lot 27; and lots 28 thru 49 of Block A of Palm Springs Estates No. 2, M.B. 16/45, Riverside County; and Block B of Palm Springs Estates No. 2, M.B. 16/45, Riverside County; and The block bounded by Palm Canyon Drive, Granvia Valmonte, Indian Avenue, and Alejo Road; and Lots 5 thru 8 of Block 2 of Las Hacendita.s, M.B. 11/5, R·iverside County; and Lots 1, 2, 9, 10 and 11 of Block A; and lots l thru 6 of Block C; and Lots 1 thru 6 of Block G; and lots 1 thru 3 of Block J of Palm Springs Estates, M.B. 15/43, Riverside County.
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lAS PAlfo!AS ilUSINESS HISTORIC msnnc-r
CLASS 4 HISTORIC SITES
The southerly sixteen (16) feet of lot 27; and lots 28 and 29 of Block A of Palm Springs Estates No. 2, M.B. 16/45, Riverside County; APN 505- 285-001, 002; known as Palm Springs Florist, 894 N. Palm Canyon Drive.
The southerly 23.5 feet of lot 35; and the northerly 18.5 feet of lot 36 of Block A of Palm Springs Estates No. 2, M.B. 16/45, Riverside County; /\PN 505-285-006; known as the l?·,roprietors, 844 N. Palm Canyon Drive.
3. The southerly portion of lot 38; and lots 39, 40 and 41; and the northerly forty-five (45) feet of lot 43; 'and- the southerly half of lot 44 of Block A of Palm Springs Estates No. 2, M.B. 16/45, Riverside County; APN 505-285-009; known as the Gary Jon Bldg., formerly known as El Paseo Bldg., 800 N. Palm Canyon Drive. '
4. Lots 1 and 2; and the northerly twenty-four (24) feet of lot 3 of Block B of Palm Springs Estates No. 2, M.B. 16/45, Riverside County; APN 505- 286-001; known as the Pacific Bldg., 766-798 N. Palm Canyon Drive.
5. The southerly twenty-five (25) feet of lot 10; and the northerly ten (10) feet of lot 11 of Block B of Palm Springs Estates -No. 2, M.B. 16/45, Riverside County; APN 505-303-002; occupied by Dr. Robert S.
Be1·trand, 700 N •. Palm Canyon Drive.
6. 7.
Lots 16 thru 19; lots 23, 24, and 25; and the southerly thirty (30) feet of lot 26 of Block B of Palm Springs Estates No. 2, M.B. 16/45, Rivers.ide County; APN -505-303-004, 007; known as Matthews and Andrea of Palm Springs, et. al., 650-664 N. Palm Canyon Drive; and the Pepper Tree Inn, 645 N. Palm Canyon Drive.
505-325-003; known as Everybody's Village ~nd the Village Center for the Ai·ts (formerly known as .Frances Stevens · School) along with the surrounding park, 538 N. Palm Canyon Drive.
8. The northerly thirty (30) feet of lot 31; and lots 32 & 33 of Block B of Palm Springs Estates No. 2, M.B. 16/45, Riverside County; APN 505-286- 010; kno,m as Casa Palmeras, 783 N. Indian Avenue.
9. Lot 42; and the southerly fifteen (15) feet of lot 43 of Block A of Palm Springs Estates No. 2, M.B. 16/45, Riverside County; APN 505-285-008; known as the DeAnza Hotel, at the northeasf corner .of Indian Avenue and Tamarisk Road.
10. Lots 47, 48 and 49 of Block A of Palm Springs Estates No. 2, M.B. 16/45, Riverside County; APN 505-285-012; known as Har·low Haven, 175 E. El Alameda.
11. · lot 7 of Block 2 of Las Hacenditas, M.B. 11/5, Riverside County; APN 507-161-007; 840 N. Indian Avenue.
12. Lot 8 of of Block 2 of Las Hacenditas, M.B. 11/5, Riverside County; APN 507-161-006; 814 N. Indian Avenue.
13. Lots 1 and 10 of Block A of Palm Springs Estates, M.B. 15/43, Riverside Co.; APN 507-181-001; known as Indian Manor, 784 N. Indian Avenue.
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LAS PALMAS HISTORIC BUSINESS DISTRICT
14. Lots 1, 2 and 3; and the westerly twenty-five (25) feet of lot 6 of Block C of Palm Springs Estates, M.B. 15/43, Riverside County; APN 507- 183-006; known as Alan Ladd's Spanish Inn, 640 N. Indian Avenue.
15. The easterly portion of lot 6 of Block C of Palm Springs Estates, M.B. 15/43, Riverside County; APN 507-183-005; known as the Palm Springs Club, 265 Via Altamira.
16. Lots 1 thru 6 of Block G of Palm Springs Estates, M.B. 15/43, Riverside County; APN 507-192-002; known as the Palms at Palm Springs, 572 N. lndi an Avenue.
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RESOLUTION NO. 15858
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Item 2B - Page 54
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LAS PALMAS BUSINESS HISTORIC DISTRICT
CONCEPTUAL DESIGN GUIDELINES: NEW COMMERCIAL CONSTRUCTION & MAJOR REMODEL In individual structures of special note and in collections of historic buildings that represent a bygone era, Palm Springs retains the treasures of its past. The historic architecture of the City is one of its most important resources and can be maintained - on a broad scale - only by the establishment and maintenance ·of historic districts. The maintenance of a district requires that standards or guidelines be set to direct change in ways that are compatible with the historic elements. Change is not discouraged, but the thrust of change is directed to reinforce the best of the remaining historic elements.
Directing and controlling change is the intent of many of the City's land use controls. The guidelines suggested here serve to protect each property owners investment. Each owner can improve his property knowing that the surrounding properties' uses and designs will not detract from his.
The guidelines presented here provide a commqn ground within which owners, architects and the Architectural Advisory Committee can work to enhance the historic district. The guidelines seek to retain the historically significant properties while encouraging new structures of compatible design.
Any buildings occurring on either side of the street within 75 feet of the proposed site should be studied for the common themes of mass, scale, rhythm and exterior design and details as called for by the following guidelines.
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1. Maintain the height of other structures in the surrounding area.
The height of new construction should be generally similar to other buildings in the surrounding area. Variety in building heights may be achieved by creating setbacks in the facade, by stepping back upper stories, and by building decks and balconies, when this is appropriate for the design.
Buildings should be designed so that they do not block the westerly view of the mountains from existing buildings to the east. Multi-story buildings on lots which abut an existing residential use should be designed so that windows do not overlook private residential yards.
One- and two-story buildings are typical of this area. Towers with additional stories have been used at the corners of some buildings to create interest.
2. Maintain the general alignment of facades at the sidewalk edge.
Most buildings along Palm Canyon Drive are set back away from the sidewalk edge. This provides space for landscaping, pedestrian access, and/or active outdoor uses.
The basic aligrvnent of buildings should be maintained, although some exceptions may be considered if· they have an active function such as outdoor dining areas. The effect can be achieved in a number of ways.
A wall or fence could be used, allowing the building to be set further back.
Projections over the si.dewalk may be acceptable in the form of awnings, balconies and porches, so long as a significant portion of the facade aligns at the sidewalk edge •
Item 2B - Page 56
3. Maintain the pattern of facade proportions.
New construction should reinforce the dooiinant facade pattern of the street.
Where new buildings are to be wider than the dominant dimension, consider subdividing the facade into portions that reflect the pattern.
The relationship between the height and width of the facade should be similar to that of other buildings in the surrounding area.
4. Maintain the relationship between upper and lower floors of other structures in the surrounding area.
5. Typical historic structures have a retail function on the first floor, and offices or resident i a 1 uses above. This separation of function is shown on the facade: the first floor is predominantly large sheets of display window glass, while the upper levels are mostly solid wall, with small windows cut out.
In new construction, these relationships should be innovatively used . ~- > ' .
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Maintain the spacing pattern of upper-story windows. Avoid shapes that were not typical of the area, and maintain the typical ratio of solid (walls) to void (windows).
Item 2B - Page 57
Reinforce the existing pattern in new construction by using windows of a similar $ize, or by using other design features to continue this pattern.
The recurrent al tern at ion of solids and voids in the front facade of a bunding establishes a pattern which is sensed by a person observing from a distance. A person passing by
pattern as a rhythm. By incorporating a
new building, a sympathetic relationship
buildings of a similar era, is achieved.
the building experiences this
similar rhythmic pattern in a
between old and new, and even
6. Use building materials that are similar in texture and finish to those found historically.
New construction should continue to reinforce the patterns and textures of existing historic buildings. Use of surface materials which were available in the time period of the historic buildings will strengthen the historic identity of the area. Color is both an intrinsic quality of the building material which is used and applied treatment which covers the natural materials. The use of compatible colors. will help strengthen historic identity.
Different building materials may be considered as long as the finish and texture reinforce the existing characteristics.
7. Use components of the facade that are similar in size and shape to those found historically.
The design of new buildings and alterations should take into account the presence or absence of such projections as porches, awnings and overhangs on other buildings within the surrounding area. Such components are especially encouraged when they promote an active function such as outdoor dining within the exterior spaces.
Architectural details of new buildings and renovations should be suggestive of the extent and scale of details on other buildings in the surrounding area.
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8. Maintain the pattern of roof types.
The roof type and materials should be compatible with existing buildings in the. surrounding area. The relationship of a new building to historic buildings, or other buil di rigs, in the surrounding area may be strengthened by repeating a dominant roof type.
Flat roofs are predominate in this area; however, several one-story structures use a simple gable with the ridge line parallel to the street.
9. Mai~tain the existing site design pattern.
New construction should observe an appropriate spacing, or lack thereof, in terms of the surrounding area. This is an important factor which contributes to the character of an entire group -of buildings, and should therefore be respected .
. This area is characterized by buildings which are built on the property line. Driveways and pedestrian ways sometimes break this pattern; however, parking areas shou.ld not be allowed to intrude into the pedestrian-oriented design of the area. Landscape areas may be appropriate as breaks in this pattern if they are designed for active uses.
10. Although contemporary designs are encouraged, replicas of historic designs may be considered if they meet these conditions:
The style must be one that did occur in Palm Springs as a typical building form.
The principles of the style must be used correctly. The rules of proportion, use of materials, and sense of ornamentation must be in character.
A plaque must be mounted on the building which designates the date of construction.
The .design must be compatible with existing buildings.
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CONCEPTUAL DESIGN GUIDELINES: Commercial Renovation
1. Maintain. the original height of storefronts.
2. Maintain original storefront openings.
3.. Maintain original storefront components.
4. Maintain original upper-story windows.
5. Preserve the pattern created by entrances.
6. Preserve original door proportions.
7. Preserve the original dimensions of window and door frames.
8. Avoid Concealing original facade materials.
9, Replace decoration where it is known to have existed, if feasible.
10. Contemporary interpretation of the historic storefront design may be appropriate where the original is lost.
11. Trim materials should be subordinate to the major facade materials.
12. Preserve the proportions of original window panes.
13. External light fixtures should be simple in design.
HSPB 2
CITY COUNCIL STAFF REPORT
09/14/2023
SUBJECT:
APPEAL OF CALIBLISS, LLC CONDITIONAL CANNABIS EXPIRATION, CANNABIS PERMIT NO. C-2019-096
RECOMMENDATION:
Open the public hearing and receive public testimony and evidence.1.
Deny an extension by adopting a Resolution entitled, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE
APPEAL OF CALIBLISS, LLC FOR THE EXPIRATION OF CONDITIONAL CANNABIS PERMIT NO. C-2019-096”.
2. Attachments
Item 2C
CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 14, 2023 PUBLIC HEARING
SUBJECT: APPEAL OF CALIBLISS, LLC CONDITIONAL CANNABIS EXPIRATION , CANNABIS PERMIT NO. C-2019-096
FROM: Scott C. Stiles, City Manager
BY: Veronica Goedhart, Department of Special Program Compliance Zachary Scalzo, City Attorney’s Office
SUMMARY:
The City Council will consider an appeal by CaliBliss, LLC, a California Corporation (“CaliBliss”), seeking to appeal for an extension of its Cannabis Permit No. C- 2019-096 that expired on July 13, 2023 (“Permit”). The Permit, issued on June 14, 2020, was valid for an initial twenty-four-month period pursuant to Palm Springs Municipal Code (“PSMC”) section 5.55.080(A)(4), and expired in June 2022. CaliBliss then sought and obtained a twelve-month extension of the Permit, based on a showing of substantial progress toward becoming operational, and no unreasonable delay, submitted by their former consultant.
CaliBliss is now requesting a second twelve- month extension of the Permit, pursuant to PSMC section 5.55.080, which allows a permittee to appeal to City Council for a second twelve-month extension. This appeal was made, and will be decided, pursuant to the procedural provisions of PSMC section 2.05 for appeals to the City Council and Resolution No. 24189, adopting Rules of Procedure for the City Council.
RECOMMENDATION:
1. Open the public hearing and receive public testimony and evidence.
2. Deny an extension by adopting Resolution No. _____, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE
APPEAL OF CALIBLISS, LLC FOR THE EXPIRATION OF CONDITIONAL CANNABIS PERMIT NO. C-2019-096” (“Resolution”, Attachment J).
DEPARTMENT OF SPECIAL PROGRAM ACTION:
On April 6, 2023, CaliBliss managing member Andrew Mekhail (“Andrew”) reached out to the Department of Special Program Compliance requesting an extension of their local Conditional Cannabis Permit, C -2019-096. CaliBliss had previously requested a twelve- month extension in July 2022, which was granted on July 3, 2022, and expired July 4, Item 2C - Page 1
City Council Staff Report
September 14, 2023 - Page 2
CaliBliss, LLC - Appeal
2023. City staff advised Andrew an additional extension would require an appeal to City Council.
CALBLISS’S RESPONSE:
On May 30, 2023, CaliBliss noticed an appeal on the City’s Appeal Form, attached hereto as Attachment A (“Notice”), in which CaliBliss appealed the expiration of the Permit in accordance with PSMC section 2.05. The appeal, which if granted will provide CaliBliss an additional twelve months to complete construction and related entitlement and operations activities, is based on delays in the project caused by the COVID-19 pandemic and CaliBliss have invested $1.5 million dollars toward becoming operational . The basis for CaliBliss’s appeal and evidence is set forth in in the Notice. As will be set forth below, CaliBliss submitted one writing with no additional records or evidence in furtherance of this appeal.
BACKGROUND
:
In February 2019, CaliBliss submitted a Cannabis Related Business and Activities Permit Application attached hereto as Attachment B and incorporated herein by references (“Application”), which disclosed Andrew and John Mikhael (“John”) as the corporate members, each with a 50% ownership interest. On December 17, 2019, CaliBliss applied for entitlements to open a cannabis retail storefront dispensary and lounge at the proposed site of 560 S. Indian Canyon Drive in Palm Springs.
The applicants were advised that due to an over-concentration of cannabis businesses in the area selected for CaliBliss’ business, including one located within 60 feet of the proposed location, CaliBliss would have to apply for and obtain a distance waiver prior to the issuance of a Conditional Cannabis Permit. CaliBliss was required to undergo land- use review and the review and approval of an odor control plan prior to applying for the distance waiver.
The distance waiver request was heard by the City Council on June 30, 2020. At the hearing, the project was presented as a 671 square foot project, with the lounge encompassing 395 square feet. Due to limited available parking, the lounge would be limited to seating for three. Additional concerns raised by Council included the two residential units located above the proposed business location. At the hearing, Mayor Geoff Kors, and Mayor Pro Tem Christy Holstege both expressed their concerns and desire to maintain the residential units at reasonable rental rates. The distance waiver was granted by a Council vote of three in favor and two opposed, and the resolution of approval was amended to require that the two rental units remain rental units as long as the business exists
1. 1 Amendment made by Mayor Geoff Kors (see June 30, 2020, Council Meeting at 4:15:48 https://palmspringsca.new.swagit.com/videos/72238)
Item 2C - Page 2
City Council Staff Report
September 14, 2023 - Page 3
CaliBliss, LLC - Appeal
Upon approval of the distance waiver, the Permit was issued on July 14, 2020, with an expiration date of July 13, 2021. The Conditional Cannabis Permit allows applicants to initiate and obtain State and local entitlements and conduct other “preliminary” activities but does not allow applicants to commence actual operations of any Adult-Use Cannabis Activity (as defined by PSMC , § 5.55.050), including cultivation, distribution, on- site consumption, or sales.
July 2021 Extension
:
On June 4, 2021, CaliBliss, by and through their consultant, submitted a status update and request via email for a twelve-month extension of their Conditional Cannabis Permit, which is attached hereto as Attachment C and incorporated herein by reference. The request provided a timeline outlining the work completed and a projected timeline for completion. Prior to this date, no communications were received indicating delays due to the COVID-19 pandemic.
Timeline through June 4, 2021
:
• June 30, 2020, Approval of Distance Waiver
• July 14, 2020, Conditional Cannabis Permit issued
• January 21, 2021, Administrative Architectural Review
Anticipated Timeline to Completion
:
• July 8, 2021, Architectural Approval by City Council
• July 12, 2021, Building Application Resubmittal
• January/February, 2022 Final Inspection
• February / March 2022, Business Opening Date
Based on the information provided, the City granted an extension of twelve-months in June 2021.
On June 9, 2022, a second status update via email, which is attached hereto as Attachment D and incorporated by reference, was received from CaliBliss’ consultant providing a general construction timeline. This update stated an estimated October 2022 construction completion date and a business opening date of November 2022. The update stated that “[t]enant improvements were temporarily paused during the 2021-2022 year due to inability to obtain reliable contractors, access to materials, and worker shortages due to the global pandemic,” and that CaliBliss was “currently bidding and in negotiations with Architects and General Contractor (GC) candidates who they expect to finalize/decide on by end of June/ beginning of July.”
The City provided an additional extension based on the representation that the business would be operational by the end of the year; that extension was granted through July 3, 2023 (twelve months from the expiration of the first extension granted by the Council).
Item 2C - Page 3
City Council Staff Report
September 14, 2023 - Page 4
CaliBliss, LLC - Appeal
July 3, 2023, Permit Expiration:
On April 6, 2023, Andrew requested an additional extension based on delays related to the COVID -19 pandemic. His email estimates a date for project completion between twelve to twenty -four months. Staff communicated to Andrew that his request would require an appeal to City Council pursuant to PSMC section 5.55.080 and would require CaliBliss to demonstrate substantial progress toward becoming operational without unreasonable delay. Additionally, if the City Council grants the extension, PSMC section
5.55.080(A)(4) requires the permittee to pay a penalty determined by City Council not to exceed ten thousand dollars ($10,000). The Notice w as filed on May 30, 2023, on direction from Staff.
The Notice, in short, cited COVID -19 related impacts in the construction industry as a basis for CaliBliss ’ failure to become operational, and claimed that CaliBliss had expended approximately $1.5 million dollars in costs to become operational. The evidence submitted by CaliBliss in support consisted of what appeared to be conceptual design renderings and plan check comments from City staff dated in or about April and May of 2023.
The hearing on this appeal was originally scheduled for July 24, 2023, but shortly before the hearing staff received questions from the Council, and in an abundance of caution wanted to provide CaliBliss an opportunity to respond substantively before any hearing on the appeal. On July 24, 2023, staff requested that CaliBliss agree to re- notice the hearing so staff could present Council’s questions to CaliBliss to address, and on that same date CaliBliss agreed to the extension. (See Attachment E.) On that same date, staff spoke with John Mikhael on the telephone. During that call, he indicated that the facts in the Notice were not true and, specifically, that CaliBliss had not expended anywhere near $1.5 million dollars towards becoming operational. John confirmed the same in an email that same date, which is attached hereto as Attachment F, when he stated: “Hello Veronica I’m not in agreement with the facts set forth in the appeal. And I did not participate in it.”
On Ju ly 25, 2023, staff transmitted an email to CaliBliss (“First Request for Further Information”) listing several questions and requests for documentation related to, amongst other things, supporting CaliBliss efforts to achieve substantial progress and the impacts CaliBliss alleged it suffered as a result of COVID-19 and the $1.5 million dollars in alleged expenditures . The Request for Further information is attached hereto as Attachment G and incorporated herein by reference.
Separately, on August 10, 2023, staff transmitted a follow-up letter to CaliBliss regarding John’s apparent disagreement with the Notice, which is attached hereto as Attachment H and incorporated herein by reference (“Second Request for Further Information”). The City notified CaliBliss that both John and Andrew were listed as CaliBliss’ representatives in their Application for Conditional Cannabis Permit, and staff could not determine whether CaliBliss could in fact proceed with the appeal in light of the apparent Item 2C - Page 4
City Council Staff Report
September 14, 2023 - Page 5
CaliBliss, LLC - Appeal
disagreement between them regarding whether CaliBliss was in fact pursuing the appeal.
Thus, the City specifically requested that John “(i) indicate in writing that he concurs in CaliBliss proceeding with the appeal and concurs with the facts provided in the Notice of Appeal; or, (ii) that [John] concurs in CaliBliss proceeding with the appeal. To the extent that [John] does not concur with the facts in the Notice of Appeal, the City reserves the right to treat the disagreement as an issue of Cali Bliss’ credibility when the City Council decides to grant or deny the appeal.”
On August 25, 2023, Andrew transmitted a letter responding to the First Request for Further Information, which is attached hereto as Attachment I and incorporated herein by reference (“Supplemental Response”). The Supplemental Response was not made under the penalty of perjury. Moreover, the Supplemental Information provided no documents or evidence to substantiate CaliBliss’ claims made in the Notice, as requested by staff in the First Request for Further Information.
In the Supplemental Response, CaliBliss reasserted many of the same claims in the Notice. Notably, as it related to John’s disagreement with the Notice previously raised by the City, the Supplemental Response indicated the following:
On August 28, 2023, staff sent an additional email to Andrew as to whether he was going to provide evidence supporting the position in the Supplemental Response. To date, staff has not received any response.
ANALYSIS
:
As will be set forth below, staff recommends denying the appeal. CaliBliss has not sustained its burden to show that it has made substantial progress towards becoming operational with no unreasonable delay.
Item 2C - Page 5
5. A) I would like to address the company's organizationa l structure . Kindly find attached the LLC operating agreement for your reference. This agreement designates me, Andrew Mekha il, as the sole managing member, conferring the author ity to represent the company , make decisions, and engage in contracts on its behalf.
B) Addit ionally, concerning a prior matter, John initially expressed reservations regarding the lounge. However, his perspective lacked the necessary depth of understanding in this business matters. I am pleased to inform you that this concern has been resolved , and John is now fully aligned with the company's appeal approval and operational goals, as outlined in the operating agreement.
City Council Staff Report
September 14, 2023 - Page 6
CaliBliss, LLC - Appeal
A. The Appeal Was Improvidently Scheduled for a Hearing CaliBliss has failed to provide credible evidence sufficient to establish that CaliBliss was authorized to pursue this appeal, and therefore, that the City should even consider the appeal.
As noted, on July 25, 2023, John indicated directly to City staff that at least some portion of the Notice was not true, and that he did not concur in the appeal. Thus, if both parties were authorized to act on behalf of CaliBliss to notice this appeal, and one of them effectively objected to the Notice, then the City is not clear whether, under those strange circumstances, the Notice was supported by a party with authority to pursue an appeal.
The lack of authority could result in numerous issues. For example, if the Notice lacked the requisite authority, then the Notice (i) could not be deemed filed within the time period to pursue an appeal, or (ii) could be deemed a nullity and provide the City Council no authority to adjudicate the appeal.
In CaliBliss’ Application, CaliBliss indicated that both Andrew Mekhail and John Mikhael were each 50% owners of CaliBliss. (Application, p. 6.) While Andrew was identified as the business owner on page 4, John signed elements of the Application in various places.
For instance, John signed the “Certification/Assurances and Warrant ies” on page 7 and indicated that he was the “President” of CaliBliss. It appears to staff that both parties have equal authority to determine whether CaliBliss would or would not pursue an appeal of an extension of the Conditional Cannabis Permit.
The City’s Second Request for Further Information requested clarification on this issue.
In the Supplemental Response, CaliBliss indicated, in summary, that: (i) Andrew was solely authorized by the corporate documents to pursue the appeal; and (ii) John changed his mind and now supports the appeal.
However, CaliBliss did not provide any evidence for its claim that John’s initial “perspective lacked the necessary depth of understanding in business matters” and that Andrew was “pleased to inform [the City] that this concern has been resolved, and now John is fully aligned with the company’s appeal and approval and operational goals, as outlined in the operating agreement.” (Supplemental Response, p. 2.) This bald claim was not made under the penalty of perjury and lacks the most critical element to prove this claim true – a statement to that effect from John. The City requested this specific statement from John in the August 10, 2023, Second Request for Information. Without such confirmation, staff determined that the claim pertaining to John’ s change of heart regarding this appeal lacks credibility since John previously indicated to staff directly his disagreement with the Notice.
Further, the City declines CaliBliss ’ invitation to parse CaliBliss’ business structure as a basis to determine that the relevant documents “designate Andrew Mekhail, as the sole managing member, conferring the authority to represent the company, make decisions, and engage in contracts on its behalf.” (Supplemental Response, p. 2.) The City is not a court and will not insert itself in to an apparent business dispute to allocate decision Item 2C - Page 6
City Council Staff Report
September 14, 2023 - Page 7
CaliBliss, LLC - Appeal
making authority between Andrew and John as to who can make decisions on CaliBliss’ behalf.2 The City’s inquiry here solely pertains to resolving an apparent disagreement between two members who have apparent authority to pursue an appeal where one is in a disagreement with the other.
And even if the City accepted that invitation, a cursory review of the documents submitted by CaliBliss with the Supplemental Response give the City serious doubts as to the veracity of the claim that Andrew has the sole authority to pursues the appeal . Indeed, the Statement of Information dated August 22, 2023— 3 da ys before CaliBliss submitted the Supplemental Response —indicates that both John and Andrew are members of CaliBliss , with Andrew as the “manager.” Moreover, the Operating Agreement signed by the parties in October 2020, does nothing to clarify who can do what on behalf of CaliBliss with respect to the present appeal. Indeed, Article 5.1 provides that John “shall primarily manage Corporate Management Operations” and Andrew “shall primarily manage Day-to-Day Business Operations.” Nothing in that language specifically cabins either party’s authority to pursue this appeal. Moreover, in any other situation, that same Article 5.1 provides that “ [i]f all Members cannot come to an agreement regarding Day-to-Day Business Operations, Managing Member Andrew Mekhail, shall be the decision maker.” Yet, it is not clear if determining whether to pursue this appeal is “Day - to-Day Business Operations” or “Corporate Management” that John would have authority to act on.
These ambiguities are an example of why it is not the C ity’s burden to decide with reference to the party’s decision-making authority, but CaliBliss’ burden to establish who can do so. CaliBliss has failed to carry that burden here.
In short, CaliBliss has not provided credible evidence to clarify whether this appeal was authorized by its representatives. Thus, this appeal can be denied as improvidently noticed on that basis alone.
B. CaliBliss Failed to Satisfy its Burden to Provide Evidence to Support an Extension
Nor has CaliBliss satisfied the required showing under PSMC section 5.55.080 to trigger this extension.
PSMC section 5.55.080 requires that, to justify an additional twelve-month extension of a Condition Cannabis Permit, a permittee must make “a showing of substantial progress toward becoming operational and no unreasonable delay (i.e., Permittee should demonstrate measurable progress to becoming operational and identify unique factors that impeded the Permittee from becoming operational) to the City Council.” In summary, CaliBliss attempts to show that it has made measurable progress to becoming operational as evidenced by the plan check comments from staff, the conceptual design renderings,
2 Indeed, the parties appear to be litigating some ownership issues in Los Angeles Superior Court. (See Baskaron vs.
CaliBliss, LLC, Los Angeles Superior Court Case No.: 21BBCV01025.) Item 2C - Page 7
City Council Staff Report
September 14, 2023 - Page 8
CaliBliss, LLC - Appeal
and the alleged $1.5 million dollars spent towards completing the business. Moreover, CaliBliss suggests that any delay in becoming operational was caused by impacts to the construction industry related to the COVID-19 pandemic (“Pandemic”).
First, CaliBliss has provided virtually no evidence in support of its claims. Indeed, in the Notice and Supplemental Response, CaliBliss essentially make the same statements, based solely on (i) conceptual design renderings, and (ii) the City’s plan check comments.
In the absence of any other evidence related to any other unique factors bearing on whether CaliBliss has made measurable progress toward becoming operational , staff finds these bald statements to lack credibility because:
• Neither the Notice nor Supplemental Response were made under the penalty of perjury;
• As noted above, John indicated that he disagreed with the Notice and that the Notice was not factually true, citing as an example that CaliBliss had not invested $1.5 million dollars.
This lack of evidence is particularly noteworthy because staff requested in the First Further Request for Information that CaliBliss produce documentation substantiating its alleged investment of $1.5 million dollars and other issues raised in the Notice. However, CaliBliss has failed to produce such evidence at all, which suggests that such evidence may not exist.
Further, CaliBliss’ failure to provide evidence to support its appeal is particularly harmful when analyzing whether any delay in CaliBliss becoming operational was unreasonable.
Indeed, it is well accepted that the Pandemic resulted in supply chain and other issues confronting the construction industry. However, CaliBliss ’ general reference to such delays without any evidence does not show what specific impact delayed CaliBliss’ efforts to become operational.
Second, CaliBliss bases to carry its burden also fail on the merits on this specific record.
CaliBliss was aware that when the City approved the second extension in June 2022, that it would expire on July 3, 2023. Thus, substantial progress toward becoming operational must be measured within this time but can reference past efforts by CaliBliss as being informative of how to characterize any progress made by CaliBliss as substantial or not or bearing on CaliBliss’ credibility.
The only evidence of progress produced by CaliBliss was plan check comments from City staff in or about April and May 2023 and conceptual design renderings. In the universe of all the efforts CaliBliss needed to undertake, or could have undertaken, to becom e operational, these efforts can hardly be considered “substantial.” And the Supplemental Response undermines any showing of substantial progress because Andrew stated that “I am committed to promptly addressing the City plan check process within 30 days following the upcoming hearing.” In other words, the record does not reflect that CaliBliss Item 2C - Page 8
City Council Staff Report
September 14, 2023 - Page 9
CaliBliss, LLC - Appeal
has done anything since the City returned the plan check comments approximately 4 or 5 months ago.3
Moreover, CaliBliss has been making the same commitment to become operational over the last 3 years each time it sought an extension of its Conditional Cannabis Permit.
Given these representations, it is difficult to consider the sole plan check review “substantial” or CaliBliss’ representations credible.
Nor can CaliBliss’ position in the Notice that CaliBliss’s project “has not been immune to [the] effects ” of the COVID -19 pandemic, which disrupted “daily life and business ,” support any showing that any delay in becoming operational was reasonable. Again, without evidence, these statements are merely a general reference to “numerous challenges to the construction industry .” While Staff acknowledges that the P andemic could have reasonably delayed CaliBliss given the well-known impacts to construction projects, that position is completely undermined by the record. Indeed, CaliBliss has not even completed plan check. If CaliBliss has not even obtained final, approved design documents, then it is not clear how any construction impact arising from the Pandemic could have delayed CaliBliss. To the contrary, given that CaliBliss has failed to do anything other than submit the plans for initial plan check over the last 3 years, CaliBliss appears to be the own cause of its delay, which staff determines is unreasonable on this record.
For all these reasons, staff determined CaliBliss failed to actually demonstrate substantial progress toward becoming operational and no unreasonable delay.
CONCLUSION
:
Pursuant to PSMC section 5.55.080, the decision before the City Council is (1) whether to approve a twelve- month extension of Conditional Cannabis Permit No. C -2019- 096, based on a finding that the CaliBliss has demonstrated substantial progress toward becoming operational and no unreasonable delay; and (2) if the extension is approved, the amount of the penalty to be charged to CaliBliss (not to exceed $10,000). Pursuant
3 Further, CaliBliss made other claims that staff determined not be irrelevant or unsupported. For instance, CaliBliss also cites its desire to make non- cannabis business upgrades to the property that will require “additional time to consider.” This is not relevant to the determination of measurable progress that is before the Council at this time, because it pertains to a part of the overall project that is not specifically connected to the cannabis operations authorized by the Conditional Cannabis Permit for which an extension is sought.
Any determination of measurable progress made in this appeal hearing must be based on CaliBliss’s current plan for cannabis operations that has been developed over 3 years. CaliBliss never sought to adjust the scope of its project. Any delay to achieving such operations that might occur in connection with other project factors could be relevant and separately assessed at a future date, in addition to any other issues or requests generated by CaliBliss that are supported by the record. Those facts are not relevant to the current question of whether CaliBliss has made a showing of substantial progress toward its adult -use cannabis business becoming operational and are not considered as part of this appeal hearing. The City Council reserves jurisdiction to address issues not specifically related to the request for a Conditional Cannabis Permit extension at a future date, in accordance with all applicable provisions of the PSMC. Item 2 Item 2C - Page 9
City Council Staff Report
September 14, 2023 - Page 10
CaliBliss, LLC - Appeal
to PSMC section 2.05.080, CaliBliss as the appellant bears the burden of establishing that it is entitled to an extension of the Conditional Cannabis Permit.
Staff recommends that the City Council adopt the Resolution and determine that CaliBliss has not sustained its burden to make the required showing under PSMC section 5.55.080 and deny the appeal.
The PSMC mandates a Council decision on this appeal within fifteen (15) days after the hearing; however, this time may be extended for a period of up to ninety (90) days. (See PSMC, § 2.05.100). In the event CaliBliss fails to appear for the public hearing, that failure to appear shall constitute grounds for the denial of the appeal.
REVIEWED BY:
Department Director: Veronica Goedhart
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:
A. CaliBliss Appeal Form
B. Permit Application
C. 06/4/2021 Email Request for Extension
D. 06/09/2022 Email Status Update
E. 06/24/2023 Email Appeal Extension
F. 06/24/2023 Email from John Mikhael
G. Request for Further Information
H. 08/10/2023 Follow up Letter re Request for Further Information I. 08/25/2023 Response Letter from Andrew Mikhail
J. Resolution
Item 2C - Page 10
ATTACHMENT A
Item 2C - Page 11
Item 2C - Page 12
Reserved for Filing Stamp
Appeal Form
Formu lario de Apelaci6n
City of Palm Springs
RECEIVED
TEL (760) 323-8204 I FAX (760) 322-8332 MAY 3 0 2023
CaliBliss LLC [email protected]
ADDRESS / DIRECCI N
560-562 S. Indian Canyon Drive
CllY / CIUDAD STATE / ESTADO
Palm Springs CA
PHONE/ TELEFONO
562-676 -6469
ZIP/C DlGO FAX/ ELFAX
POSTAL
92264
SUBJECT OF APPEAL/ OBJECTO DE APELACION
The date the decision being appea led wa~ rendered/ 11 he applicatio n or proJect was entitled / la apllcaci6n o la fecha en que se emltl6 la d~tlsl(,in que se esta apel<11'ldo: Proyecto tenia derecho: _ r Cannabis related Business & activities Condition Permit CaliBlss LLC Minor Architectura l Improvements to Cannabii Dispensary located at 562 S Indian Canyon Drive
Exp 7/04/2023 Case No. 3.4316
SPELi FY THE ~ASIS FOR THE APPEAL IND~ All (YOU MAY USE AS MANY ADDITIONAL SHEETS AS NECESSARY) / ESPECIFIQUE'LA BASE PARA l~ MEOIDA EN DETALLE (PllEDE UTILIZAR rANTAS HOJAS ADICIONA~ES COMO SEA NECESARIO): .
CaliBliss LLC Request for Renewal of Conditio nal Permit for Cannabis Related Businesses & Act ivities See attached additio nal sheet
I
' ··- FOR STAFF USE ONLY
~ ~ .,, .lit ' .,
.
.I Appeal to City Council 0 Appeal to Admi nistrative Appeal Board - !
. This completed form must be sent to:
City of Palm Springs Office of the City Clerk
3200 E. Tahqu itz Canyon Way, Palm Springs, CA 92262
Item 2C - Page 13
ATTACHMENT "B"
Item 2C - Page 14
CALI Tsuss
OISVC~S.\IIY °'"D lO\JNGC
Dear City Council Members,
I am writing to request a renewal of our construction penn it due to the delays caused by the Covid-19 pandemic. The pandemic has had asignitic~nt impact on our ability to complete the construction within the timeftame specified by the pennit. As a company, we have invested over $1.5 million in the project and have also purchased commercial real estate that is critical to die success of the project. Funhennore, we would like to request additional time to consider changes and submit upgrades to the propeny for your approval.
As you are aware, the pandemic has caused unprecedented disruptions to daily life and businesses, and our construction project has not been immune to its effects. The pandemic has presented numerous chaJJenges to the construction industry. inc1uding supply chain disruptions, workforce shortages, and health and safety concerns. Despite our best etTons. our project has experienced significant delays that have made it impossible to complete the work within the origina1 timeframe. The measures taken to combat the pandemic, such as social distancing, travel restrictions, and supply chain disruptions, resulted in significant delays and difficulties in completing the construction on time.
In addition to the delays caused by the pand~mic, we are considering submitting upgrades to the property for your approval. These upgrades will require additional time to consider and prepare, and we believe that a renewal of our permit would provide the necessary time to submit these upgrades for your review.
We are committed to completing the construction to meet the city's requirements, and we are confident that we can ·do so with the additional time. Furthermore, we believe that the upgrades to the property will improve the overa11 quality and value of the property. benefiting both the community and the city.
Thank you for your wtderstanding of the situation and your consideration of our reques_t. We appreciate your efforts to ensure that the city's requirements are met, and we look fosward to continuing to work with you on this project.
Sincerely,
Andrew Mekhail.
CaliBliss LLC, Managing Partner
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Item 2C - Page 15
Item 2C - Page 16
I
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1 CALITBLISS
,1,rt,.,\R, ,,11ol,o;.1
The renderings below depict the enhancements and modifications that we are excited to implemen t For comparison , visual represent ations of the planned improvements that are curren tly in progress are also included .
A critical change entails relocating the consumpti on lounge from its current location on the first floor to a new area on the second floor of the premises.
Here are the specific changes that will be made:
• The consumption Jounge will be relocated from the first floor to the second floor. • The seating area will be enhanced with new furniture and decorations. • The lighting will be improved wit h new lighting fix tures. • A new bar will be added to the lounge.
• The sound system will be imp roved with a new sound system.
We believe that these changes will create a more inviting and comjortab le lounge for our customers . We are eager to .complete the renovations and share the new lounge with you. (Updated)
Item 2C - Page 17
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(Updated}
CALI TBLISS
Item 2C - Page 18
CALI 'f BLISS
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T -r·r
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(Current)
(Curre nt)
Item 2C - Page 19
CALITBLISS
(tu rren t)
The next set of documents will be th.e first reviews of th current plans by Bur~au Veritas, the City of Palm Springs Fire Department, Building & Safety, and Engineering S rvices Department. We anticipate that the plan corrections will be completed and submit ted on May 22, 2023.
Item 2C - Page 20
City of Palm Springs
04/20/2023
Applicant Name: Andrew Mekhail
Address: S60 S. Jndian Canyon Dr.
Phone Nwnbcr: (562) 676-6469
Applicant Email: Andrev,[email protected]
Occupancy: A ·2/M
Type of Construction: V-B
Sprinklers: Def erred Permit Fire Sprinklers
Stories: 2
Floor Area (s.f.): 1,579
Fire Hazard Severity Zone/ WUI: No
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AHJ Application/Pennit #2023-1218
BVNA #18615572
Project Description: Exterior Improvements
Project Address: 560 S. Indian Canyon Dr.
Application/Permit#: 2023· I 2 J 8
Bureau Veritas has completed the first plan review of the below listed documents on behalf of the City ori>alm Springs Building & Safety Department:
GENERAL INSTRUCTIONS
1. This plan review has.been made to verify conformance to minimum requirements of codes and ordinances adopted by the City of Palm Springs. Codes in effect for this project include the 2022 editions of the California Building Code (CBC), California Green Building Code {CGBC), California Plumbing Code (CPC), California Mechanical Code ( CMC), California Electrical Code (CEC), and California Energy Code (CEnC). The CBC is based on the 2022 editions of the International Bui/,ling Code. which was published by the International Code Cmmcil. The CPC and CMC arc based on the 2022 edition of the U11fform Plumbing and Mechanical Codesl respectively. which were published by IAPMO. The CEC is based on the 2022 edition of the National Electrical Code published by the National Fire Protection Association (NFPA).
Applicable code sections are referenced after each item in this list.
2. These plans and documents have been reviewed for compliance with the applicable code requirements and instructions of the jurisdiction. The stamping of these plans shall not be held to permit or be an approval of n violation of any applicable codes and/or standards nor relieve the owner. design professional of record or contractor of compliance with any applicable codes and/or standards. Plan review of documents does not authorize construction to proceed in violation of any federal, state, nor local regulation.
3. The review does not necessarily include errors and omissions. Complete compliance is d1e responsibility of the designer.
4. All comments shall be resolved on the plans prior to the recommendation to the governing body for approval. ·
5. The comments identified in other sections of this review require clarificationsfcorrections before this plan check can be completed.
6. For reference for explanations in the examim .. -r · s comment sections. itali,· text refers to the initial subniittals, bold text on second submittals, and underlined text on third submittals.
7. Please annotate your response in the areas on each comment. please see the comment section,
8. Submit a list showing any changes to the plan or previously submitted documents that are not the result of the plan check comments. Please "cloud'' und/m· "delta•· all rc\<isions made on plans due to this comment list as well as any other design changes.
Item 2C - Page 21
City of Palm Springs
04/20/2023
AHJ Application/Pennh #2023-1218
BVNA #18615S72
IN ORDER TO PROCESS THIS PLAN VIEW PLEASE PROVIDE THE NAME AND PHONE NUMBER OF mE INDIVIDUA WHO PREPARED THESE PLAN REVIEW · RESPONSES
NAME: ___________ .....,.. __ PHONE: __________ _
Respectfully Submitted,
Mildred Renteria
Plan Check Engineer
250 N. Westlake Blvd., Ste. 150, Westlake Village. A. 91362 [email protected]
80S-230-2888
Matthew Godinez P.E.
Plan Check Supervisor
250 N. Westlake Blvd., Ste. 1 SO. Westlake Village,
[email protected]
80S-230-~888
Pleme write the sheel number. de1oil number, and/or loanio indicaling where the comment is located. Pletue ~sped/leas to whae commenJ Items haw ban adtlrmd so that recheck be exptdlted. To aid in w plan review process-please Indicate in /he spflt:e adjacenJ to each comment or on a se le sheel, the slleet and the exact location on the sheet wl,ere correclions "'1vt! been made (e.g., Detail S of Sheet J). Pie "cloud" and·or .. delta" nil nrvlslons made on plans due to this commenl list as well as any other design cllll11ges.
JURISDICTIONAL COMMENTS
I. Submit plans and supporting documents in el tronic format to [email protected]. Plans submitted in electronic fonnat must have ions remove ftom the security settings. Electronic plans with restrictions to markups, printing. or stam ing will not be approved. If the file is larger than 25MB, please upload plans to https://spaces.hightail.c m/uplink/PSBuilding Email subject line should n:ad: RE-CHECK fc r (PERMIT# & ADDRESS) RESPONSE:. ________ --+-----------------
BUREAUVERITAS.COM
2. Please revise the orientation of the North Arro in cover sheet 00-1 9 it does not match the orientation stablished in site plan/ A 1-3 and floor plan/ A I .
RESPONSE:. _________ ,__ _______________ _
3. Please remove the following note from the co ·er sheet ··This set for Architectural appro\'al only and is not intended to be the construction pennit set.
RESPONSE:. ________ --l-----------------
4. Provide a statement on the title sheet of the pl s that this project shall comply with Title 24 and 2022 California Building Code (CBC), California echanical Code (CMC), California Plumbing Code (CPC), California Electrical Code (CEC), California een Building Standards Code (COBSC), and California Energy Code (CEnC). [§ I 07.2 CBC] Regula Ing codes In cover sheet GO-I using old code cycle 2019, please update all code notes in plans.
RESPONSE:. ________ --l-----------------
j·
I
Item 2C - Page 22
City of Palm Springs
04/20/2023
AHJ Application/Permit #2023-1218
13VNA #18615572
5. Provide all the corresponding keynotes shown in site plan/GO-I. RESPONSE:. _________________________ _
6. Per exterior elevation notes in sheet A2-I, provide the following:
a. Per keynote 09 0 I. please pmvide exterior sotlit cfotail 9/D 1-0.
RESPONSE:. _______________________ _
b. Per keynote 26 01, provide new accent lighl ing I amps detail 1 1/D t •O.
RESPONSE: _______________________ _
7. Please provide keynote 22 03 on Proposed Floor Plan/A 1-3.
RESPONSE: ________________________ _
8. Please revise Floor plan in sheet Al-5, labeled as ·'Firsl Floor Plan··, il appc..irs such lloor pluu corresponds to 2nd floor. Provide the following:
a. Specify use for space located on second flo,n and specify occupancy group.
RESPONSE: ______________________ _
b. Provide fire separation between first and second floors occupancies per Table 508.4 CBC RESPONSE: ______________________ _
9. Provide a note on the plans stating: •;Pcnctrati\.llls of floor/ceiling shall be protected with through penetration fire stops and membrane-penetration fire stops in accordance with CBC Sections 714.3.1 & 7 J 4.3.2 Specify on plans for the corre.'iponding mec'.hanic:a/ system penetrations going 1'10.ugh the roof.
RESPONSE: __________________________ _
10. Please provide a window and door schedule. clearly specify what windows are new. Provide window/door dimensions, hardware type, U-factor. SHGF value. and specify safety glazing where required per 2406.4 CBC (see next canm,en().
RESPONSE: __________________________ _
11. Exit dot1rs should be a minimum size of 3 feel by 6 feet 8 inches. The clear \\idth shall he 32" when the door is open 90 degrees. Maximum leaf width is 4 feet.[§ 1010.1.1 CBC] Please provide dimensions/or all doors door in proposedj/oor plan/A 1-1 so that means ofegrt!ss requiremttms c,m be ,•erifie!I.
RESPONSE: __________________________ _
J2. Provide detail 20/Al-1 per site plan/GO-I (located al accessible parking).
RESPONSE: _________________________ _
13. Visual exit signs are required whenever two exits are required. Every l00 feet. Show all required exit sign locations.[§ 1013.l CBC} Please c/ear{r show e.-rist signs /()(:ations on plans.
RESPONSE: _______________________ _
Item 2C - Page 23
Ci ty of Palm Springs
04/20/2023
AHJ Application/Permit #2023- 1218
BV A #18615572
ACCESSIBILITY COMMENTS. MILDRED .RE TERIA'[email protected]
14. Ont: in six, but not less than one, accessible p rl-ing spaces shull be a van ;11.:cessible parking space.[ § 11 [3. 208.2.4 CBCJ All van parking spaces shall b permitted 10 be grouped on one level. [§ 11 B-208.). 1 CBC] Per site plan-',/ 1-1 .-fl);J parking 011/suie of bu ding w1111v1 he co11sitlcrc:cl as van ac~·e -~ib/11 bec:ause ac:c:es.1· aisle is loc:med 10 1he iefl of1he drfrer side 1h11 .. seco11cl. r 0 .1 parkinR mm/ comply 11•i1h 1lte req11irementsfor wm accessible. Pleuse see co111111e11l.1 b,dowfiJ1 Nq111re111e11is.
RESPONSE: _____ ______________ _ _____ _
15. Car pmking spaces sholl he 108"" \\ich: m1111111 n und ,au purkmg ,·racc, shall he l-l-1 .. \\i<le mmimum.
Parking spaces shall be marked 10 delinc ,, idtl and shall have an adjaccm access aisle.[ § 118-502.2 & Fig. 11 B-502.2 CBC] Please revise dinm1sio11for tn. r parking .1pace shown i11 co1·er sht•e1-Gn-I m 8 'JO" ( 106 inches) wide .. \fini11111111 width.for wm acce~.~il· I! parking should be I./ I inches ( I 2 feel) ,\,:e ne.w commelll for exception.
RESPONSE: _________ -+--------------- ---
16. Van pttrking spnccs shall be permitted 10 be IC !'S · \\i<le min111111rn \\here the access ni~le is CJ(,"" \,i<lc minimum. I§ 1113-502.2 Exception COCj /'lea e pmiide 111i11imu111 w1cf1J, u( /08'" 19.fl) 1/m:(·es.i aisle mi11i11111111 w1d1h is 96 ·· (8 jlJ. Per s11t• plan, ac:< •s.t m rle is f>rvpos<!d to bl! 5/t 111i11.
RESPONSE : __________ ,1....- _________ _ _______ _
17. Car anti vun JXtrking. ~pi1ct·s shall he 2 I c,·· ( 18 ·· i h•ng m11nmum I~ 11 B-50:!.2 & Fig. 118-502.2 CBCJ Per Sile l'lowGV-1 and A /-2, ii apJJtwrs 1hertt i.111 //OM with sign bloc:Ai11gf11/I access 10 1he 1·w1 accessibl<! parking (cull 0111 20!..t /-/). Pl1ta.1·c: revise:. see ext ~·v111111e11tfor a/ieme1tii'e imwllalio11 of. 1/Jrl parking signoge.
RESPON SE:. ____ _____ -+----- -------------
18. Signs 111ay also be pt!rmancntly po~ted on :1 \v II al the end of the parking space. [§ I I B-502.6.3 CBC! /'er site plan. ii app1t,1rs 1h.tre is u propos<'d pos1 t imtall .11),t purkillf: fig11age. Pleml! specify parking sign to be posted 011 u·a/1 ,o avoid blocking access 10 arfo1g space.
RESPONS~:. ________ _ -+--- ------------ ---
19. Exit doors shall be readily openablc from the gn:s, side without the u5c of a key, special knowledge or cffurt. [§IO I 0.1.9 CBC] Please nm,• 011 plw1.1 r door w:J11:d11le RESPONSE: ________ --+--- ---------- ----
20. Handles. pulls, latches. locks and other ope blc pans on doors and gates shall 1101 require tight grasping, tight pinching o r twisting of the \Hist 10 op rate [~1113--10-1.2.7 CIKI Spec[f,i.· doo,· hcmhmrc! 011 door sc:hedule.
RESPO SE: __________________________ _
21. Operable parts such as hardware shall be 34'' n ini111u1n and 4-1·· maximum above the finbhed floor or ground. [§ 1113-404.'.!.7 CUCj Please prol"icle a door d•1uil fhvwi ng hard11,are 111i>1 mnr hardware hdr,/11,(romflrmr.
RESPONSE: _________ _ f--------------------
22. Every doorwn) which is locn1cd within an cccssiblo.: path of travel shall be of a size as lo pcm1il the installation of a door 1101 less than J' in widt and 1101 less than 6"-8" in height. When installed. exit doors shall be capable of opening at least 90 degre and shall be so mou111cd that the clear width of the exit is not less than 32". measured between the focc oftl c door and thc opposite stop.[§ 1113-404.2.J CBC) RESPONSE: _____ ________ _____________ _
Item 2C - Page 24
~ ;._•-''
~1~> ' City of Palm Springs
04/20/2023 .
AHJ Application/Pennlt #2023-1218
BVNA #186I5S72
23. Swinging doors and gates shall have maneuvering clearances complying with table 11 B-404.2.4. I. Please show in Proposed Floor Plan/A 1-J f!1inimum maneuvering clearances at the Jo/lowing locations:
a. Sltow a minimum of l 2''·on push side at l~ch, for door from Secure Vestibule to Sales Room. RESPONSE: ______________________ _ b. Show 11 minimum of 12" on push side ul latch, for exit door at Secure Vestibule. RESPONSE: _____________________ _ c. Showa minimum of 18" on pull side ot latch, for door from Secure Vestibule to Safe/Record.
RESPONSE: ______________________ _
PLUMBING COMMENTS - MA [email protected]
24. Provide DWV plans for proposed restrooms and service sink room on A 1-3. RESPONSE: _________________________ _ MECHANICAL COMMENTS - MA TIHEW.OODINEZ@BUREAUVERIT AS.COM
25. Update applicable code cycle on M•OO I from 2016 to 2022 codes. RESPONSE: _________________________ _
26. Exhaust not found in the bathrooms on M-100. not less than 20cfm continuous ventilation shall be provided. [Table403.7 CMC] RESPONSE: ________________________ _ ELECTRICAL COMMENTS - MA [email protected]
27. Provide an illuminated exit sign front exit from waiting room. [§IO 13.1 CBC] RESPONSE:. ________________________ _
28. Provide lighting with emergency backup power at rear exit sign/vestibule area. (§ I 0082 CBC] RESPONSE: _________________________ _
29. Show daylit area, sensors, and lighting controls for waiting area with full height glazing.[§ 130. l(d)( I) CEnC]
RESPONSE: ________________________ _
ENERGY COMMENTS [email protected]
30. Provide new updated energy report complying with new 2022 code cycle. RESPONSE: _________________________ _ 3 J. Glass marked as wall on page 4 of energy report when it should have been marked as fenestration. Please revise all fenestration and envelop in the energy report. RESPONSE: __________________________ _
32. Per page 5 of the energy report. it is specified a window area of 46 s.f. and glass doors 21 s.f. however, per plans, such area does not appear to be correct. Additionally. per page 4 of the energy report, total fenestration on dte west-facing equals 21 s.f. and per west elevation, fenestration appears to be greater than 21 s.f. Please revise all fenestration presented in the energy report to match plans.
RJSPONSE: .
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Item 2C - Page 25
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City of Palm Springs AHJ Application/Permit #2023-1218
04/20/2023 BVNA #1861S572
GREEN BUILDING COMMENTS -MILDRED. [email protected]
33. Pleue provide 2022 California Green Buildin Standards Code sheets. Refer to the fbllowing link for updated sheets: https://content.civicplus.com/: i/assets./Oa42985e-a880-4403-8 I I S-7bb283009449 RESPONSE:. ________ ---1-----------------
STRUCTURAL COMMENTS -MILDRED.RE BUREAUVERITAS.COM
34. Provide manufacture listing for the proposed o ing to verify installation requirements. No calculations found for coMection on detail 3/SD-I, for the upport of the owning.
RESPONSE:. _________ +-----------------
35. Revise detail call outs in sheet S2-0. Call outs for SS glass shoe base to steel beam and beam to beam rigid connection appear to be located in sheet SDI (details land 2).
RESPONSE:. ________ ---1-----------------
36. Please revise details 1 & 2/SD 1-0, provide the ollowing:
a. Dimensions.
RESPONSE:, ______ -1----------------
b. Notation.
RESPONSE: ______ -+-----------------
c. Weld size.
RESPONSE: .
d. Provide statement for special inspecti n required for field welding.
RESPONSE:, ______ -1----------------
37. Provide manufacture installation instructions fl r glass railing shown in detail 4/SD 1-0. Additionally, per note in detail, it is specified a possible maximum h ight of 10 feet. please clarify.
RESPONSE: ________ ---i-----------------
38. Revise title for Plan in S2-0. Per plans. floor p an has been labeled as existent however; plan appears to be a proposed plan.
RESPONSE:. ________ ---1-----------------
END OF COMMENTS
Item 2C - Page 26
CITY OF PALM SPRINGS
TRANS MITT AL FORM
Date: 4/26/2023
To: andrewm562@gma il.com
Subject: CML- Cannabis Facility
Address: 560 S. Indian Canyon Dr.
Perm it #: 2023-121 8
Plan Check er: Tanner Valenti , Fire Plans Examiner II
[email protected]
Status :
_ Plan is approved
Plans were received fo r the fo llowing type of project:
_ Fire Sprinklers
_ Plan is approved with conditions
_ Plan is approved with redlines
1-_ Plan requires corrections, see attached list
_ Fixed Fire Protection System
_ Fire Alarm System
_ Underground Fire Service
_X_ Architectural
Other:
The plans submitted for the above-referenced project have been reviewed . The following information is needed to show compliance with the 2022 California Building and Fire Code (CBC and CFC), as well as other codes and standards as amended by the State of California and the City of Palm Springs .
Remarks:
INSTRUCTIONS :
Provide a written response for each correction on this correction list. You may write directly on this list or provide a separate UResponse List" which addresses each correction item by item. Please incorporate all corrections into the drawings Cloud or otherwise call out all corrections.
Item 2C - Page 27
Plan Revh
all provide the occupancy classific 1. Sb
pro ~ect data on the cover sheet.
Response
all state whether the existing struc 2. Sh
the project data on the cover sheet.
all revise the regulating codes to n
Response
3. Sh
Response
4. Sh
Response
5. Sh
Response
6. Sh
Response
7. Sh
Response
8. Wi
bu
all add Fire Alarm and Undergrour
all provide an egress plan with tra
1 all provide occupant loads for eve
all provide door hardware schedul
II new facility use access control o
ilding? If so, please provide inform
Response
II hazardous materials be stored o 9. Wi
int ormation on the plan set.
all revise sheet A 1-5 to refled sec
Response
10.Sh
Response
wComments
ation and construction type as part of the
lure is sprinklered or non-sprinklered as part of
~fleet the 2022 edition of the California Codes.
~d Fire Service to list of Deferred Permits.
~el distances and exit widths to the plan set.
iY room and space on the plan set.
e and notes to the plan set.
r magnetic locks to secure portions of the
ation on the plan set.
n site? If so, please provide locations and
ond floor, not first floor.
, ....
Item 2C - Page 28
11. What is the intended use for the-space on the second floor? Sheet A 1-5 states that its existing to remain.
Response _________________________ _
12. Shall provide location and note for the Knox Box on the elevation detail. Knox. Boxes shall be installed no greater than 5' from finish floor.
Response _________________________ _
13. Shall provide fire extinguisher locations and note on the floor plan.
Response _________________________ _
Item 2C - Page 29
I , ... ,
! :_ .• ... :
Date: April28.2023
To: Building & Safety Departm
From:
APPLICATION FOR APPROVAL OF A ISPENSARV & LOUNGE LOCATED AT 560 S INDIAN CANYON DRIVE, (APN 508-121 04), SECTION 23, TOWNSHIP 4 S, RANGE 4 E. S.B.M., BLDG. P.C. NO. 2023-1218, ENG. FILE NO. 4801.
The Engineering Services Department ccmrnends that if thia application is approved, such approval 1$ subject to the following nditlons being completed in compliance with City standards and ordinances.
Before final acceptance of the project. al conditions listed below shall be completed to the satisfaction of the City Engineer.
All Grading Plans,. Improvement Plans, equired Studies and Dccuments listed below, must be submitted to Engineering Servi s Deparbnent for review and approval.
STREETS
ENG1.
ENG2.
ENG3.
ENG4.
The Engineering Services Department recommends deferral of off-site Improvement Items (Ide as •Detened') at this time due to lack of full Improvements in the im iate area. The owner shall execute a street improvement covenant greefng to construct all required street improvements upon the reaJuest of the City of Palm Springs City Engineer at such time as deemed neceasary. The covenant shall be executed and notarized by the property er(s) prior to approval of the Grading Plan or issuance of grading or bui ing permits. A current title report; or a copy of a current tax blU and a cop of a vesting grant deed shall be provided to verify current· property own rship. A covenant preparation fee In effect at sub •
Any improvements within e public right-okvay require a City of Palm Springs Encroachment Pe it All improvements are subject to Inspection and a 48-hour Inspection n tification Is required.
Submit future street imp vement plans prepared by a registered California civil engineer the Engineering SeNices Department. The plan(s) shall be approved y the City Engineer prior to issuance of any encroachmen~ or buUdlng rmlts. Defened.
A completed Medical Marij na Cultivation - Waste discharge form, and all required supporting d uments must be submitted for review and Item 2C - Page 30
1·•· : . '
ENG6.
approved. A copy of the approved form shall be provided to the City Engineer prior to t'1e issuance of permits.
Applicant shall coordinate with Desert Water Agency (DWA) at the earliest stages of the proposed project to obtain a Will Serve letter and coordinate an inspection to determine the proper Backflow protection. A copy of DWA approval shall be provided to the City Engineer prior to the Issuance of permits.
INDIAN CANYON DRIVE
ENG8.
ENG7.
ENG8.
ENG9 •.
ENG 10.
ENG 11.
ENG 12.
Dedicate an additional 14 feet to provide a half street right-of-way v,idth of 44 feet along the entire frontage. A current title report: or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A righl::Pf:wav plan gheck fee shall be paid by the applicant Jn effect at the time that the dedication is submitted.
Remove the existing curb and gutter and construct a future 8 Inch curb and gutter, 38 feet east of centerline a!Qng the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 200 and 340.
Deferred.
Remove the existing driveway approach and construct a driveway approach In accordance with City of Parm Springs Standard Drawing No. 201.
The existing driveway approach location Is In violation of Section 93.06.00 C(15)d of the City of Palm Springs Zoning Ordinance. It calls for a minimum separation of 6 feet between the driveway and any rear or side lot line. Remove the existing driveway approach and construct a future driveway approach fn accordance with City of Palm Springs Standard Drawing No. 201. An on-site vehicular tumaround (hammerhead or similar configuration) shall be constructed, in accordance with Zoning Code
93.08.00 C (8). Defened.
Remove the existing asphalt sidewalk along the frontage and construct a minimum 8 feet wide sidewalk behind the curb along the entire ftontage in . accordance with City of Palm Springs Standard Drawing No. 21 O.
Construct a future 8 feet wide sidewalk behind the future proposed curb along 1he entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. Defenad.
Construct future pavement with a minimum pavement section of 5 inches asphalt concrete pavement over 4 Inches crushed mlscetlanecus base 2 -~·-·..,;,,;.··--------------------------•---
- -- --- -~-~--~-
Item 2C - Page 31
I'
with a minimum subgrade of 24 Inches at 95% relative compaction, or equal, from edge of futu proposed gutter to clean sawcut edge of pavement along the enti frontage in accordance with City of Palm Springs Standard Drawi No. 110 and 340. (Additional pavement removal and replacement may be required upon review of existing pavement croaa-sections. to ensure grade breaks of the pavement CIOS8-88Ction do not occur • in a travel lane.) If an altemative pavement section is proposed, the p posed pavement section sllall be designed by a California registered Ge echnlcal Engineer using uRn values from the project site and submitted the City Engineer for approval. Deferred.
ENG 13. Remove and replace e , g asphalt concrete pavement where required, in accordance with applicab City standards.
ENG 14. All broken or off grade
shall be repaired or repl
SANITARY SEWER
Improvements along the project frontage
ENG 15. All sanitary facilities shaft connected to the public sewer system. The existing sewer se,vice to e property shall be used for new sanitary facilltles. New laterals shaU ot be connected at manholes.
GENERAL
ENG 16. Any utiflly trenches or oth excavations within existing asphalt concrete pavement of off-site streE~ required by the proposed. development shaH be backfilled and repai in accordance with City of Palm Springs Standard Drawing No. 115.
ENG 17. All proposed utiDty lines sha I be installed underground.
ENG 18.
ENG 19. Nothing shall be construct or planted in the comer cut-off area of any driveway which does or I exceed the height required to maintain an 3 Item 2C - Page 32
appropriate sight distance per City of Palm Springs Zoning Code Section
93.02.00, D.
ENG 20. All proposed trees within the pub.Ile 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.
TRAFFIC
ENG 21. A minimum of 48 inches of clearance for accessibility shall be provided on publlc sidewalks. Minimum clearance on publfc sfdewalks shall be provided by either an additional dedication of a sidewalk easement if necessary and widening of the sidewalk, o.r by the relocation of any obstructions within the public sidewalk along the fi'ontage of the subject property.
ENG 22. All damaged. destroyed. or modified pavement legends, traffic control devices, signing. striping, and streetlights, asaQClated with the proposed development shall. be replaced as required by the City Engineer prior to issuance of a ··certificate of Ocwpancy.
ENG 23. Construction signing, Ughtlng and barricading shall be provided during all phases of construction as required by City Standards or as directed by the City Engineer. Aa a minimum. all construction signing. lighting and barricading shall be in accordance with Part e· "Temporary Traffic ControlD of the carlfomla Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7. 2014, or subsequent editions in force at the time of construction.
Al)proved: '2-t:
. J~M)
c· ngkleer f
•. ·· .. ,~-.... -~~~@';:,1::fr•.-·•··~ •...
4 Item 2C - Page 33
REQUEST FOR TREASURER'S RECIEPT
TO: FINANCE DEPARTMENT, CASHIER DATE: 5.,_ $0- 20Z-3
FROM: CITY CLERK'S OFFICE
PLEASE ACCEPT$ ~3(. cb
FOR:
Aepu< 1o C.ZJ Cowie.I {~,_ !Jo 3.t/316 CUP)
PAID
CREDIT ACCOUNT NO. (CIRCLE BELOW)
MAPS & PUBLICATIONS: 100-34000
TRUST & AGENCY PAYAB · - 2015
ifHER CHARGES - CURRENT SERVICE: 100-34030
--····-·- •-
MAY 3 0 2023
G!W OF PALM SPRINGS .-aO~ .
BY ORDER OF~---~
ATTACHMENT B
Item 2C - Page 34
Item 2C - Page 35
CAUBUSS, LLC DISPENSARY AND LOUNGE ADMINISTRATIVE PERMIT APPLICATION
CALI BLISS, LLC
DISPENSARY AND
LOUNGE
ADMINISTRATIVE
PERMIT APPLICATION
1. Item 2C - Page 36
CITY OF PALM SPRINGS
Cannabis Related Business
and Activities Permit Application
FOR CITY USE ONLY
Application No.:
Dote Received (Clerk)
Instructions To The Applicant: The information you provide in this application will be used to determine your eligibility for a cannabis permit.
• It is your responsibility to complete this form, provide all required information, and cooperate with all required field investigations .
• If you are filling out a printed copy of this form, neatly print in blue or black ink. (PLEASE PRINT CLEARLY OR TYPE- ILLEGIBLE APPLICATIONS WILL BE REJECTED) • You must respond to all items and questions. If a question does not apply to you, write "N/A" (not applicable) in the space provided for your response. • If you need more space for any respons e, attach additional sheets and identify the additional information by the question number.
• The Certifications , Assurance and Warranties of this form requires notarized signatures. • The City may ask for additional information in order to process your application . • A physical site inspection by the Palm Springs Building and Safety Department, Police Department , Fire Department will be required as part of the process.
Submit The Following Documents In Support Of Your Application:
10.01. 19
1. Applicat ion Supporting Documents. Proof of Organizationa l Status; Proof of Date of Birth (Driver's License, Passport, Birth Certificate, etc.); Applicant Real Estate Interest in Project Location (Grant Deed, Lease, Lease Amendments, etc.); and Notarized Documentation of Property Owner's Authorization to Engage in Cannabis Related Business and Activities at Property.
2. Proposed Uses . Identify the cannabis-related uses that are proposed.
3. Site Plan. Submit a dimensioned/scaled site plan showing the square footage of all buildings on the site and all parking spaces. If there are multiple tenants or businesses on the site , show the use and square footage of each tenant/business on tt1e site.
4. Floor Plan. Submit a dimensioned /scaled floor plan, showing the proposed use of each room and the square footage of each room.
5. Separation Distance Map - Protected Uses. Submit a map showing that the proposed cannabis location is not less than 600 feet from a school, public playground or park, day care/child care center, or youth center. All distances shall be measured in a straight line, from the nearest property line on which the cannabis use is located, to the nearest property line of the protected use.
6. Separation Distance Map - Other Cannabis Facilities. Submit a map showing that the proposed cannabis location is not less than 500 feet from another cannabis facility. In addition, the map shall show any cannabis facilities within 3000 feet of the location. All distances shall be measured in a straight line, from the nearest property line on which the cannabis use is located, to the nearest property line of the cannabis use.
CANNABIS RELA TEO BUSI NESS ANO ACTIVITIES AP PUCA TION
Item 2C - Page 37
~.
7. Parking Requirements. Show on the site plan that following parking requirements are met:
• Office/Dispensary: 1 off-street parking space for every 300 SF • Warehouse/Cultivation: 1 off-street parking space for every 800 SF • Lounge: 1 space per 4 seats. or 1 space for every 50 SF where public is selVed
8. Odor Control Plan. Each applicant shall submit an odor control and mitigation plan.
Application Fee: Payment is due at the time of submission. Payment may be made by credit card, cas , certified check. cashier's check or money ·order for the application fee made payable to the City of Pal Springs. Application Fees are non-refundable.
• Application $ 4,092
• Background fee for each owner/ employee with a twenty percent (20%) or more financial interest
• Odor Control Plan Review
• Expedited Odor Control Plan Review
• Site lnspection{s) {Building and Fire Departments)
• Extra Services
• Expedited processing fees
for Planning, Building and Fire
$ 261 (per person)
$ 720
$ 1,440
At Cost
At Cost
At Cost.
Site Inspections and Extra Services will be billed directly by the Department incurring said charg .
Application Materials: An original and one copy of all materials must be submitted at the time of firng. All ~ applicants must submit, with the exception of site or building plans, as standard, single-sided, 3-hole pu ched. 8-1/2 x 11 sized pages, in a simple 3-ring binder. No applications in a "Spirar or "Comb" typ_e of bin ing, or stapled documents will be accepted. For larger size materials such as site or buHdings plans. submit sh ets no greater than 30x42. folded. collated, unstapled, and secured together with rubber bands. A complete el ronlc copy (i.e. PDF's) of all submittal materials on a USB thumb drive must be submitted at the time of app ication submittal.
Application Materials: Deliberate misstatements or omissions can and often will result in your appl cation being rejected, regardless of the nature or reason for the misstatements/omissions.
YOU ARE RESPONSIBLE FOR PROVIDING COMPLETE, ACCURATE, AND TRUTHFUL RESPO SES
10.01.19 CANNABIS RELATED BUSINESS ANO ACTIVITIES APPLICATION Pagel2
Item 2C - Page 38
DECLARATION
\,.I State of California )
County of Riverside ) ss.
City of Palm Springs )
I solemnly state, under penalty of perjury, under the laws of the State of Califomia, that all lnfonnation I provide arising from and related to my application for a permit to engage In cannabis related businesses and activities In the City of Palm Springs shall be the truth, the whole truth, and nothing but the truth.
Slmone Sandoval, Authorized Agent for CAUBLISS LLC
91 MoNe SMJ~\J,\1,
Print Name Signature
STAFF WITNESS
10.01.19 CANNABIS RELATED BUSINESS AND ACTIVmES APPLICATION Pagel3
Item 2C - Page 39
10.01. The completeness of this application is subject to City review. The application is used for a varie of application processes and not all items may apply to your proposed project. If you feel a requiremen is not applicable to your project, write "N/Alf. Incomplete applications will either. be rejected or delay he completion of the City's review process. Each response and/or document attached to this applicatlon t I rly fe th b eel ctl ( ) f thi r f t h. h it d Att dled mus cea re ranee e num e~ se on s o s app1ca 10n ow 1c respon s. a pas1es must be numbered and in order.
&i~igo j - ld1otifvigg IDfQIIDilliS2D ,112 bl ,amulldld bx ill lDllliSii!Dlil
1. Corporate Name/ Business OWner Name
CaliBliss, LLC
2. •0o1ng Business As
0 Name
CannaBliss, LLC
3. Business Structure (check only one) 4. PERMIT lYPE: (Check all that apply; D Corporation (or foreign corporation) Iii Limited Liability Company {LLC) Iii Dispensary D Sole Proprietorship D Umited Partnership D General Partnership D Umited Liability Partnership ii Lounge Other (specify) D Distribution
If the applicant ts other than a natural person (Including general partnerships of more than one D Manufacturing individual natural person), the applfcant must provide documentation regarding the nature of the D Testing enUty and the names of the fndfv!dual natural persons Yllo manage, OYm or control the entity.
The most common entitles are corporations, Dmited liability companies (LLCs), flmited D Cultivation, Type: partnerships (LPs), or trusts. These entities can be multi-layered and/or lnter1ocking, e.g. a corporation can be O'M'led by another corporation. If that is the case. documents for those other Canopy Size: related entities are needed untlJ the Individual natural persons who manage, own or control the entities can be identified.
5. State llcense(s) that you will be required for proposed project operations per CA Business and Professions Code Section 26000 i ttseq.
Type 10 Storefront Retail, Adult Use & Medicinal
6. APPLICANT'S SELLER'S PERMIT NUMBER ISSUED PURSUANT TO CALIFORNIA'S SALES ANO USE TAX LAW CODIFIED AT OMSION 2, PART 1 OF THE CALIFORNIA REVENUE ANO TAXATION CODE, STARTING AT SECTION 6001, OR INDICATE 1 :HAT THE APPLICANT IS CURRENTLY APPL YING FOR A SELLER'S PERMIT. PERMIT NUMBER PROVIDED licuRRENT APPLICATION FOR "SELLER'S PERMrr PEND NG
7. Business Owner Name and Name of Business Entity is an entity is owner or partial 8. Business Owner Drivefs License#/ SI ate or owner Birth Certificate or Passport If no DL ( Attach
Andrew Mekhall 03sf1ff~a
9. Business Physical Site Address (Street number and name, city, state, zip cede) 562 S Indian Canyon Dr., Palm Springs, CA 92262
10. Business Malling Address (ff different than physical address - Street number and name, city, state, zip cede) 3017 Rue Montreux, Escondido, CA 92026
11. Business Phone Number 12. Business Owner Contad Phone Number (562) 676-6469 (562) 676-6469
13. Business Emall 14. Business Owner Contact Email
[email protected] [email protected]
15. Business Web Site address:
N/A
CANNABIS RELATED BUSINESS ANO ACTIVITIES APPLICATION
19 Pagel4
Item 2C - Page 40
16. Does the ovmer also have any financial fnterest In any of the foflcwlng cannabrs busfnesses in any other Jurisdictions (check au that apply):
D Manufacturing Testing Lab D Mlcrobuslness D Event Organizer D Cultivation D Distribution D Another retail business
17. If you checked any boxes in line "16" please provide the business name, the business physfcal site address fmcl. City, state, zip) and the State Cannabis Permit number. Attach addlttonal sheets for all businesses as necessa,y. n/a
11,lllHJ 2 - Lg,1iiS1D IDfGDDililgo
18. Location of Project (Street Address) 19. Auessor's Parcel Nurnber(s) 20. Current Zoning 560-562 S. lndlan Canyon Dr., P.S.1 CA 92262 508-121-004; 508-121-003 C-1
21. Size of Parcel 2 parcels: approx 22. Gross Sq. Footage of Proposed 23. Prior Use 2 Parcels: approx. 6000 sq ft .14 acres combined Use C RESIDENTIAL C OFFICE ilCOMMERICAL combined ~.Ft. Acre ~1440 square ft C INDUSTRIAL C OTHER (DESCRIBE)
24. Existing Uses and/or Structures on Site
There is a two story building on site. The bottom story is vacant and is the planned location of dispensary and lounge. The second story of the buildings currently has two residential tenants. The building spans two parcels of land: 508-121-004 and 508-121-003.
25. Applicant real estate interest in project location (please attach documentary evidence of Interest, e.g., grant deed, qultclafm deed, lease, lease amendment(s), etc.)
OWN Iii LEASE
26. Property owner name 27. Telephone 28. Alternate telephone Paul Baskaron Iii CEU CJ HOME CJ BUSINESS C FAX C CELL CJ HOME C BUSINESS C FAX 636-533-8733 n/a
29. PROPERTY OWNER ADDRESS CITY STATE ZIP 30. EMAIL
636 West Florida Avenue, Hemet, CA 92543
10.01.19 [email protected]
31. ATTACHED NOTARIZED DOCUMENTATION OF PROPERTY OWNER'S AUTHORIZATION 32. TERM OF LEASE TO ENGAGE IN CANNABIS RELATED BUSINESSES AND ACTIVITIES AT PROPERTY (MUST 6 years with option to renew for SPECIFY COMMERCIAL MEDICAL, ADULT-USE OR BOTH) ti YES NO another 5 years
CANNABIS RELATED BUSINESS AND ACTIVITIES APPLICATION
Item 2C - Page 41
. i
33. UST ANY OFFFICERS. DIRECTORS, BOARD MEMBERS, STOCKHOLDERS, LIMITED PARTNERS OR LLC MEMBERS 0~ THE BUSINESS WHO HAVE A FINANCIAL INTEREST IN THIS CANNABIS BUSINESS, AND THEIR PERCENTAGE OF OWNERSHI i:>QR FINANCIAL INTEREST. (MUST TOTAL 100%. Attach additional sheets If necessary.) Name of Person Driver's License #I State or Passport ff no Contact EmaU: 96 Interest Driver's License:
Andrew Mekhall 03671028 [email protected] 50
John Mlkhael 04023784 [email protected] 50
TOTAL OF ALL PERCENTAGES: °'lOTAL 1 0
D __ Additional sheets attached.
34. FOR ANYONE WHO IS LISTED ABOVE THAT HAS A FINANCIAL INTEREST IN THIS CANNABIS BUSINESS, PLEASE IDEN' rlFYIF lliEY HAVE A FINANCIAL INTEREST IN ANY OTHER CANNABIS BUSINESS. IDENTIFY THE PERSON, THE lYPE OF CAtl NABIS BUSINESS, THE NAME OF THE BUSINESS, THE PHYSICAL SITE ADDRESS OF THE BUSINESS AND THE STATE CANNABIS BU~ INESS LICENSE NUMBER. (Attach additional sheets, If necessary) Name of Person (1) Type of Cannabis Business State License I ~umber n/a . n/a n/a
Name of CBnnabis Business (1) Cannabis Busfness Physical Sito Address City,$1 ato,Zlp n/a n/a n/a
Name of Person (2) Type of Cannabis Business State License ~umber n/a n/a n/a
Name of Cannabis Business (2) CaMabls Business Physical Site Address Clty,S tato, Zip n/a n/a n/a
Name of Person (3) Type of Cannabis Business State License Number n/a n/a n/a
Name of cannabis Buslneaa (3) Cannabis Business Phys!cal Site Address Clty,S lato,Zlp nla n/a n/a
Name of Person (4) Type of Cannabis Business State License Number n/a n/a n/a
Name of CBnnabis Business (4) Cannabis Business Physical Sito Address City,~ tato.Zip n/a n/a n/a
D __ Additional sheets attached.
CANNABIS RELATED BUSINESS ANO ACTIVITIES APPLICATION
10.01.19 Pagel 6
Item 2C - Page 42
Sacttoo 3- COdUJGatJPDlfAee:tmo• and W1tmo#n (tQ he cgmplatad by @11 appJlcants) a. · WAIVER AND RELEASE OF LIABILITY AND AGREEMENT TO INDEMNIFY CITY OF PALM SPRINGS The appDcant and all owners and operators hereby waive and release lhe City of Palm Springs from any and an Dab!Uty for monetary damages related to or arlsfng from the application for a penntt. any pre-ftcensure background Investigation, the Issuance of a permit. or the enforcement of the condlUons of the permit. The undet&lgned certlftes that under no cfrcurn8tances shall the undersigned ffle any cause of action for moneta,y damages against the City of Palm Springs, the Ucensfng offldal or any City employee as a result of this applfcatlon to obtain a permit. or Issuance of a renewal pennlt, or enforcement of the conditions of the penntt. b. Release of City of Palm Springs from Liability m Permit Applicant and Pennlttae By applyfng, the applfcant/pennlttee, owners and operators, and each of them, waive and release the City of Palm Sprlngs, and Its elected offlclals, employees, agents, Insurers and attorneys. and each of them, from any llablRty for Injuries, damages, costs and eJCpenses of any nature whatsoever that result or relate to the investigation, arrest or prosecutfon of busfness ownetS, operators, employees, clfenls or customers of the appllcant/pennittee for a vfotatlon of state or federal laws, rules or regulations selaUng to cannabis, lncludlng but not ltmfted to any background Investigation associated with llcenslng detenntnatlons. c. Agreement to Indemnify City of Palm Springs
By applying for a renewal pursuant to the City of Palm Springs cannabis program and by accepting a pennlt from the City of Palm Springs, the appllcant/pennfttee, owners and operators. and each of them. Jotntly and severally if more than one, agree to Indemnify. defend and hold hanntess the City of Palm Springs, and Its elected officials, employees. agents, Insurers and attomeys. and each of them, against au Oabmty, clalms and demands, of any nature whatsoever, fncludlng, but not limited to, those arising from bodlly Injury, sickness, disease, death, property toss and property damage. arising out of or In any manner related to the operation of the cannabis business that Is the subject of the permit.
d. The appRcant represents and certlffes that he/sheJit continues to hold In good standfng any permit required by the State of Callfomla for cannabis business operations.
e. The appllcant understands that operators. employees and members of the cannabis business may be subject to prosecutfon under federal laws.
f. The person whose signature appears below Is authorized to sign this appHcation on behalf of the business and all owners and operators of the business, and has submitted this lnfonnation and all attachments to renew a Patm Springs cannabis pennlt.
AFFIRMATION AND CONSENT
Under penalty of perjury, I hereby declare that the Information contained within and submitted with the applfcatfon Is complete, true, and accurate. I understand that a mlsrepresen!atfon of fact Is ·cause for rejection of this applfcatlon, denial of a permit, or revocatfon of a permit Issued.
h,JilL _~_h_n_~_~_e_LP_~_~_e_~ _____ _
10.01.19 Af'P~~lURE PRINTED NAME ANO TITLE
A notaJy publJc or OU& offtcer c:am,,!etlng lhfs certfflcate verffles only the ldenUty of the lndividual vA1o sfgned the document to \\41!ch this cettfflcate Is attached. and rlGt the truthfufnass. accuracy, ar vaHditv of that document. /llf)I JCf
DATE' '
=:~ ~\/fl({i1,\.(, ' .
· On \') •• 1\1 \ 'l.-0\. "\ , befme me, J (W. YI O..V\ 'F\j nt'\ l)namt _,. and 1111a of Illa a111ca11, peraonally appeared 1 o\A n M \ }4yA-e \ who proved to me on the basis of satfsfactory evidence to be the peJSOn(s} whose name(s) ls/are subscribed to the Within Instrument and acknowtedged to me that he/she/they executed the same ln his/her/their authorized capacity(fea), and that by hlalher/thefr slgnature(s} on the Instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the Instrument I certify under PENAL TV OF PERJURY under the laws of the State of California that the foregotng paragraph Is true and correct. WITNESS my hand and offlcfal seal.
(Seal)
Item 2C - Page 43
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Item 2C - Page 44
INDEMNIFICATION, ACKNOWLEDGMENT
RE PUBLIC RECORDS & COIPYRIGHT MATERIALS RELEASE
INDEMNIFICATION
As part of this application, the applicant agrees to defend, indemnify. and hold harmless the City of Palm Springs, Its agents, officers, councllmembers, employees. boards, commissions and Council ("City") from any claim, action or proceeding brought against any of the foregoing lndlvlduals or entitles. the purpose of which Is to attack, set aside, void, or annul any approval of the application or related decision, or the adoption of any environmental documents or negative declaration which relates to the issuance of any permit pursuant to this application, and/or any City approval. This fndemnfflcation shall include, but Is not limited to, all damages, costs, expenses, attorneys' fees or expert witness fees that may be awarded to the prevalllng party arising out of or In connection with the approval of the application or related decision, whether or not there is concurrent, passive or active negligence on the part of the City, its agents, officers, councllmembers, employees, boards, commissions and Council. If for any reason. any portion of th1s indemnification agreement is held to be void or unenforceable by a court of competent jurisdiction, the remainder of the agreement shall remain In full force and effect The City of Palm Springs shall have the right to appear and defend its interests In any action through Its City Attorney or outside counsel. The applicant shall not be required to reimburse the City for attorney's fees incurred by the City Attorney or the City's outside counsel If the City chooses to appear and defend Itself In the lltigatlon.
I have read and agree to all of the above.
John Mekhall; President of C&llbllss, LLC t2. /r>lll
PRINTED NAME AND TITLE DATE
ACKNOWLEDGMENTTHATCOPYRIGHTEDREPORTS
SUBMlffED TO THE Cl'IY SHALL BE CONSIDERED PUBLIC RECORDS The applicant acknowledges, understands, and agrees that any soils, seismic hazard. landslide, geologic, natural hazard, or geotechnical report, study, or information submitted to the City by, or on behalf of. the applicant in furtherance of this appllcation submitted by the applicant will be treated by the City as publlc records pursuant to the Califomla Public Records Act. which may be reviewed by any person and If request~d. that a copy wiU be provided by the City to any person upon the payment of Its direct costs of dupUcation. .
10.01.19 to all of the above.
John Mlkhael; President of Cellbllss, LLC
PRINTED NAME AND TmE
CANNABIS RElATED BUSINESS AND ACTIVITIES APPLICATION
Pagel&
J'JJ I)/ fl
DATE
Item 2C - Page 45
DocuSign Enve!ope ID: E6768585-0603-4CD0-9CF8-0FFF54A4974E
COPYRIGHT MATERIALS RELEASE
To the extent that this application submittal packet includes plans or drawings prepared by a Ii nsed, registered or certified professional, as defined pursuantto the California Health and Safety Code Section 19851 or Business and Professions Code Section 5536.25, such as a licensed engineer, architect or other esign professional, the City of Palm Springs must first obtain the signature release and permission f said professional prior to publication or reproduction of any such plans or drawings. Such drawings and pla s may also be protected by copyright laws.
The City of Palm Springs hereby requests permission to reproduce and publish plans and drawings sub itted with your application packet for purposes of more effectively and efficiently facilitating the entitlement ~ view process, including making plans and drawings available on the City's website for public review and proE"ding electronic reproductions to the City's review boards. The purpose of this request is Umited solely the purpose of facilitating the timely review of this application, and the plans and drawings will not be utiliz by the City for other purposes. To assist the City in this process, please provide below the signatures o all of those who have prepared plans and drawings to be submitted with this application.
Engineer Name: _'-t_a_sil_lo_s_A_rt_em_i_ou ____________________ _ Phone: 724-537-5566 Email Address: [email protected]
11 cocuSlgned by:
ENGINEER/SURVEYOR'S SIGNATURE: ----1~-\A-~=Si~lio~s !'!!'!!"4!"!!"'!'~-io_~ _______ _ OEE2B1CD0919473 ..•
Architect Name: ..;;S.:.p.;..en.;.;.ce.;.r_B_o..:.yl_e ____________________ _ Phone: 619-459-4020 Email Address: [email protected]. ~
llocuSfgnedt¥
~cr 8~t.
ARCHITECT/DESIGNER'S SIGNATURE: ---~1~12r~soigcmimn2mie1Lfi&SR--------- Q
OCCUSCgnadl!y:
~er 8tylt.
LANDSCAPE ARCHITECT/DESIGNER SIGNATURE: _,_.,•1..iaro&1&o1;;.1F1aiDD~lBi4611&Ca.----------
10.01.19 CANNABIS RELATED BUSINESS AND ACTIVITIES APPLICATION Page(9
Item 2C - Page 46
City of Palm Springs
Department of Speeial Program Compliance
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
Phone: (7Q)) 323-8245
To Veronica Qoedhart,
I, Andrew Mekhail, am writing this Statement of Rehabilitation on behalf of myself and CaliBliss LLC, a company I founded, am currently a Member of, and for which I have full and complete signing authority. More specifically, I am writing this letter to explain the circumstances around my two prior misdemeanor convictions in 201 0 and 2016.
My first conviction, which occurred on May 20, 2010, was an auto registration incident caused by my absentmindedness. While driving in Fontana, CA I was pulled over by a police officer. The officer asked for my license, insurance and registration, but I did not have my registration with me, as is required by law. I was given a written citation for not having a current registration in my vehicle while driving. On September 16, 2010, I was assed a $335 fine by San Bernardino Coun1y, which I promptly paid in full. After this incident, I have, and continue to, make sure that I carry all required documents while driving.
My second, and far more serious, conviction occurred on October 29;2016. This was the day I made the stupid mistake of getting behind the wheel after having a drink. As I was traveling northbound on State Route 163 in San Diego County, a California Highway Patrol (CHP) initiated an enforcement stop. The CHP asked me to perform a field sobriety test and upon failing, I was placed under arrest for driving under the influence (DUI).
After being convicted of my DUI, I was sentenced to (1) complete mandatory DUI rehabilitation classes and (2) I was placed on 5 years of probation. I was able to complete a first-time offender 3-month court-ordered DUI program with San Diego State University's Center for Alcohol & Drug Studies & Services, which was formerly known as SDSU Center on Substance Abuse DDP. In addition, I also attended a Mothers Against Drunk Driving (MADD) Victim Impact Panel presentation. As such, I have completed the first part of my sentence. I am currently serving my probation sentence, which began on January 2018 and ends in January 2023. This event has been a wakeup call for me, showing me how a poor decision that seemed minor at the time could.have caused major issues, such as a car crash or even death. Seeing how it has already impacted my life, including my business, it has really taught me that any careless decision, when it comes to safety and responsibility, can lead to catastrophe.
Please understand, this isolated mistake of driving under the influence is not a reflection of the person I normally am. I actively participate in community events and often coordinate community service events in my hometown of San Diego as a way to give back. I participate in the annual charity golf tournament to raise funds for Bomberos de San Diego, a nonprofit orgmm.ation that helps meet the needs of financially widerprivileged communities of San Diego as well as providing proper fire equipment to fire stations in Tijuana, Mexico. This year I will have the privilege to Pagelof2
Item 2C - Page 47
work with Habitat for Humanity to build homes for underprivileged families in Rowland Heights an unincorporated area in Los Angeles County. .. J
In my career, I have been able to attain a series of security agent licenses with the Fiduci Industry Regulation Authority (FINRA). I have attained a Series 63 and Series 6 license in thJ State of California, during which I was tested on my knowledge of ethical business practices an~ fiduciary obligations. W-rth the privileged licenses I have attained, I am able to administer mutual funds, trust funds, and insurance premiums. These are roles of extreme financial trust, demandin~ exacting ethical duties as I work through complex financial transactions utilizing other people' money. In my many years of business, I have never once been accused of an ethical lapse by eithe • a client or regulator. I believe a more accurate understanding of the person I am can be seen thro my professional reputation, where I have consistently demonstrated the type of person I am; individual of integrity who can be trusted to do the right thing.
In conclusion, I hope that the City of Palm Springs will not judge and disqualify me for a traffi infraction and a single, though significant, lapse in judgment I heartfully regret. I encourage yo~ to judge me based on my many charitable good works in my community and my stellar reputatio in a highly regulated and ethically exacting field
1bank you for your time and consideration.
Sincerely,
Andrew MekbaU
Principal, CaliBliss, LLC
Page2of2
Item 2C - Page 48
City of Palm Springs
Department of Special Program Compliance
3200 B. Tahquitz Canyon Way
Palm Springs, California 92262
ATIN: Department of Special Program Compliance
. we, Andrew Mekhall and John Mlkhael, are writing thls1etter on behalf of CellbDss LLC, a Umtt,d Uabfflty company, we founded, and currently members of, and far which we have full and complete authority.
We, Andrew Mekhall and John Mlkhael, authorize Simone Sandoval of Highroad Consulting Group U.C to act and sign on our behalf for the prooassln1, Issuance, and acceptance af caUbllss LLC's Palm Sprlnp cannabis permit appllcatlon.
ftA6>AU ..... _ AC - •.
Current Point of Coataet Additional Point of Contact
Company: CaDbBss LLC, Consultant: lllghroad CoDStlltlng Group LLC Tides: John Mikhael (President) Name, Title: Simone Sandoval, Director of Email: Jmikllael@hotmaiLcom Compliaace and Lleemlng
Email: [email protected]
Phone: 7'9-904-4ti84
Thank you far your prompt attention to this matter. This document has been notarized. Please see attached documentation.
Date: r, /,1 /1 'i
Item 2C - Page 49
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
BH UUSDUBBBU9HUBUdJM OB eBBBU H!Nla811MS88U
A notary publlc or other officer completing this certificate verifies only the identity of the individual who signed the document lo which this certificate is attached, and not the truthfulness. accuracy, or validity of that document.
State of California \fJ
County of K.\V.R}{;,f~ }
On \ ?-\ \ 1 ) JO l'1 before me,-~< )~o..d..-=V __ \.:-..Cl.. __ V) ______ Y\_\J\....,Vl_V'I ___ _, Date Here Insert Name and fme of the Officer
personally appeared --~l)c..t>;;;;...V\..:..;;...:Y\:...a.-_M_..:..\ ..a;;X;:-Yl;..;...;;.tl.::..<.,=...a.\ ____________ 1 Name(s) of Slgner(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacityOes), and that by his/her/their slgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument Place Notary Seal and/or Stomp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct
WITNESS my hand and official seal.
-------------- OPTIONAL -----21ie..-------==--------,
Completing this information con deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached DocumAnt ,/t,,. _j.,1,.
0 ,;. ~ )Ml\. ,-__ "'"
Title or Type of Document --a.t:'.l~~,.;...:-~:..........;..v--r_V\:_~_.;. vl.;;....'_ '.;;..~--a...;..;...;;.."-=-~ ,____;,'1}V..:..._v....;..r •.....:----- Document Date: \ 'Z l t1 \ 1Jl> \9 Number of Pages: __ \ __ Slgner(s) Other Than Named Above: ___________________ _ Capacity(les) Claimed by Slgner(s)
Signer's Name: __________ _ Signer's Name: __________ _ CJ Corporate Officer - Title(s): _____ _ Corporate Officer - Tltle(s): _____ _ Partner - a Limited a General Partner - c Limited General c Individual c Attorney in Fact Individual o Attorney in Fact Trustee Guardian or Conservator c Trustee Guardian or Conservator a Other: ____________ _ c Other: ____________ _
Signer ts Representing: _______ _ Signer is Representing: _______ _ ©2018 National Notary Association
Item 2C - Page 50
CALIBLISS, LLC DISPENSARY AND LOUNGE ADMINISTRATIVE PERMIT APPLICATION
1. APPLICATION SUPPORTING
DOCUMENTS
OWNERS' PROOF OF ID
BUSINESS FORMATION DOCS'
LEASE
NOTARIZED LANDOWNER APPROVAL
Item 2C - Page 51
~
LLC-12 19-C92152 ~ Secretary of State
Statement of Information ,.-., FILED (Limited Liability Company) In the office of the Secretary of IState
IMPORTANT- Read Instructions before completing this fonn. of the State of California FIiing Fee - $20.00
AUG 01, 2019
Copy Fees - First page $1.00; each attachment page $0.50; Certification Fee - $5.00 plus copy fees
This Space For Office Use Only
1. Limited Liability Company Name (Enter the exact name of the LLC. If you registered In Csrlfcmla using an alternate name, see Instructions.)
CALIBLISS LLC
2. 12-Dlglt Sectetary of State File Number 13. -• Foralgn Country or Place of Organlza11on (onlyttfomled - o1 Caflfomla) 201920010101 CALIFORNIA
4. Business Addresses
a. Street Address af Prindpal Office-Do notBsta P.O. Box Cfty (no abbl'8Wlllcms) Sisto ZlpC odo 3017 Rue Montreux Escondido CA 920 ~6
b. MaBlng Address of U.C, lf different than Item 4a Clty (no BbbrevlaUons) Slalo ZlpCpdo 3017 Rue Montreux Escondido CA 920!6
c. Stree1 Address of Callfomla Office, ff Item 4a la not In C811fomla-Do not llat a P .0. Box Clty (no Bbbrevlatfons) State ZlpC Delo 3017 Rue Montreux Escondido CA 921
1 )26
If no managers have been appointed or elected, provfdo the name and address of each member. At least one name mi must bo listed. If tho mana;or/member Is rm lndMduaJ, complete Items Sa end Sc feave Item 6b bfank). If the manage~ ladcfrasa
iiernberls 6. Manager(s) or Member(s) an entity, c:amptote Items 6b and 5c (toave Item &a blank). Note: The LLC cannot serve as lts own manager or member. lftheLLC has additional manageratmembef&, enter the name(s) and addresses on Fenn LLC-12A (see lnstructicns). a. First Name, If an Individual • Do not complete Item 5b MlddloName I LastName Suffix Andrew Mekhail
~ , b. Entily Name• Do not ccmpleto ltmn 5a
I c.Addteaa City (no al:lbrevldons) State 2JpC >de
3017 Rue Montreux Escondido CA 920:!6
6. Service of Process (Must provldo either lndlv!dual OR Corporation.) INDMDUAL- Complete Items 6a and 6b only. Must Include agent's fuD name and Caflfomla street address. a. Callfamla Agent's Ftrst Namo (If agent Is not a corpomtlan) Middle Name I LastNmno I
SUfflx
b. Street Ad!ireu (If 8fJenl Is not a ccrpcralfan) • Do not enter a P.O. Box City (no Bbbrevlsllona) Sisto ZlpC Mle CA
CORPORATION-Complote Item 6c only. Only Include the namo of the registered agent Corporatfon. c. CBilfomla Registered Carporato Agant's Name (If agent Is a cacporatlon) - Do not comploto Item 6a or 8b NORTHWEST REGISTERED AGENT, INC. (C3184722)
7. Type of Business
8. Describo Cho typo of busfnosa Gr amw::es of tho Umfted LJatilllty Campany
ANY LEGAL PURPOSE
8. Chief Executive Officer, If elected or appointed
a. First Name MfddloNamo I LastNamo Suffix
b.Adcfnm City (no ub~ons) I ~a· ZlpC4 >de . ,, .. · ... ~
9. Toe lnfonnatlon contained herein, Including any attachments, Is true and correct. 08/01/2019 Carina Romero Paid Preparer /? ,,,. . ·.~ - ,/J_ •.•• £ -/?,A~.a.
Date Type or Prfrd Namo of Pemon Compkdfng the Ferm TIiie -signature - Return Address (Optional) (For ccrnmunlca1lon from lhe Sec:retary of State related to this document, er if purchaalng a copy of the filed document enter lhe 11 ameofa person or company and the maUlng address. Thia lnfannation wiD become public whon flied. SEE INSTRUCTIONS BEFORE COMPLETING,) ~ame: r
,;ompany:
Address:
City/State/Zip: L
LLC-12 (REV 0112017)
1 J.
---~~~,
Item 2C - Page 52
Attachment to
Statement of Information
(Limited Liability Company)
A. Limited Llablllty Company Name
CALIBLISS LLC
B. 12.0lglt Secretary of State FIie Number
201920010101
LLC-12A
Attachment
19-C92152
This Space For Office Use Only
C. State or Place of Organization (only If fanned outside of ca!Jfomla)
CALIFORNIA
D. List of Addltlonal Manager(s) or Member(s) - If the manager/member Is an lndMduaJ, enter the lndMduars name and address. If the manager/member Is an entity, enter the entity's name and address. Note: The LLC cannot serve as Its own manager or member.
First Namo MtddleName I LaslNama I Suffix John Mikhael
Entity Name
Address gty (no abbravlatlona)
I~ ~~t8t 600 Front Street Apt #204 San Diego
FfratName MlddleName I LastNama l&dfix
Entft)'Name
,,.
Address Cfty (no 8bbrevfalfcns)
I State I ZlpCodo
FlmNllfflO MfddleName I LastNamo I Suffix
EntityName
Mdress aty (no allbnMallans)
I Sta I ZlpCodo
AnstName MlddloNama I LastName I Suffix
Entity Name
Address City (no abllnrvlalfons)
I Steto I ZlpCodo
FfratName Mldcl!a Name
' LaatName I &dfix
EntityNamo
Address City (no abbnwlallona)
I Smte I Zip Code
First Name MlddloNamo I LastName I Stdflx
Entity Nanto
Address aty (no abbrevfatlons)
I State I Zip Code
FlnstNamo MlcfdloNsme I LastName I sumx
EnUtyNsmo
'""" Addteaa Clty (no abbnwfatlans)
LLC-12A-Attachment (EST 07/2016) Page 2 of 2
I Stam I Zip Code
2016 Csfifanfa Seaetmy of State
www.sos.ca.gov/buslnessJbe
I
Item 2C - Page 53
r• IRS DEPARTMENT oF THE TREASURY
~WII/J INTERNAL REVENUE SERVICE
CINCINNATI OH 45999-0023
CALIBLISS LLC
CANNABLISS
% ANDREW MEKHAIL MBR
3017 RUE MONTREUX
ESCONDIDO, CA 92026
Date of this notice: 08-28- 019
Employer Identification N]r: 84-2876557
Form: SS-4
Number of this notice: CP 5 i5 B
For assistance you may call sat:
l-800-829-4933
IF YOU WRITE, A'lTACH THE
STUB AT THE END OF THIS NOTI
WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER
Thank you for applying for an Employer Identification Number (EIN). We assigne!f! you EIN 84-2876557. This EIN will identify you, your business accounts, tax retums, an'd documents, even if you have no employees. Please keep this notice in your permanenl records.
When filing tax documents, payments, and related correspondence, it is very inq;> rtant that you use your EIN and complete name and address exactly as shown above. 'Any v.~· ation may cause a delay in processing, result in incorrect information in your account, o even cause you to be assigned more than one EIN. If the info:rmation is not correct as sh above, please make the correction using the attached tear off stub and return it to • Based on the information received from you or your representative, you must fill the following form(s) by the date(s) shown.
Form 1065 03/15/2020
If you have questions about the form(s) or the due date(s) shown, you can call at the phone number or write to us at the address shown at the top of this notice. If ou need help in determining your annual accounting period (tax year), see Publications~, Accounting Periods and Methods.
·we assigned you a tax classification based on information obtained from you or ur representative. It is not a legal determination of your tax classification, and is t binding on the IRS. If you want a legal determination of your tax classification, yi. may request a private letter ruling from the IRS under the guidelines in Revenue Procedute 2004-1, 2004-1 I.R.B. 1 (or superseding Revenue Procedure for the year at issue). N tE!O:.-.~~~, Certain tax classification elections can be requested by filing Form 8832, Entity · ··,?~- Classification Election. See Form 8832 and its instructions for additional informat on. · A limited liability company (LLC) may file Form 8832, Entity Classification Election, and elect to be classified as an association taxable as a corporation. If the LLC is eligible to be treated as a corporation that meets certain tests and it will be electing s corporation status, it must timely file FoJ:111 2553, Election by a Small Business Co.rporation. The LLC will be treated as a corporation as of the effective date of the S coxporation election and does not need to file Form 8832.
To obtain tax forms and publications, including those referenced in this notice visit our Web site at www.irs.ge;,v. If you do not have access to the Internet, call 1-800-829-3676 (TTY/TDD 1-800-829-4059) or visit your local IRS office.
Item 2C - Page 54
( IRS USE ONLY) 575B 08-28-2019 ·CALI B 9999999999 SS-4 IMPORTANT RBMINDBRS:
* Keep a copy of this notice in your permanent records. This notiae is issued only one time and the IRS will not be able to generate a duplicate copy for you. You may give a copy of this document to anyone asking for proof of your EIN. * Use this EIN and your name exactly as they appear at the top of this notice on all your federal tax forms.
* Refer to this BIN on your tax-related correspondence and documents.
If you have questions about your EIN, you can call us at the phone number or write to us at the address shown at the top of this notice. If you write, please tear off the stub at the bottom of this notice and send it along with your letter. If you do not need to write us, do not conplete and retum the stub.
Your name control associated with this EIN is CALI. You will need to provide this information, along with your EIN, if you file your returns electronically.
Thank you for your cooperation.
Keep this part for your records. CP 575 B (Rev. 7-2007) --------------------------------------------------------------~------------------------------- Retul;'Il this part with any correspondence
so we may identify your account. Please
correct any errors in your name or address.
CP 575 B
9999999999
Your Telephone Number Best Time to call DATE OF THIS NOTICE: 08-28-2019 ( ) EMPLOYER IDENTIFICATION NUMBER: 84-2876557
INTERNAL REVENUE SERVICE
CINCINNATI OH 45999-0023
l,l,,l,1,l,l,l,,l,l,,l,l .. ll, .. 11,,,,,1,1,,ll,l,l,,I FORM: SS-4 NOBOD
CALIBLISS LLC
CANNABLISS
% ANDREW MEKHAIL MBR
3017 RUE MONTREUX
ESCONDIDO, CA 92026
ATTACHMENT C
Item 2C - Page 55
Item 2C - Page 56
Veronica Goedhart
From:
Sent:
Ivy Bader < [email protected] >
Friday, June 4, 2021 11 :08 AM
To: Veronica Goedhart
Cc:
Subject:
Michael Milan; Simone Sandoval
RE: Calibliss renewal
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open atta chm ents unless you are sure the content is safe.
Hey Veronica,
Timelin e To - Date :
• 6-30-20 City Council approved wa iver cond itioned on substantial upgrades to the exterior • 7-04-20 Regulatory permit issued
• 1 -21-21 State Provisiona l License obtained
• 2-1-21 AAC REVIEWED SIGN + MAA; Asked for revisions and return hearing • 5-18-AAC CB return s to AAC
o AAC moves projec t forwa rd pending staff approva l of further updates. Once Planning approv es, our Planner will schedule Calibliss for City Council
Anticipated Timeline to Complete:
• City Council meet ing July 8th
o Pending post ing requirement
o Pending updated Architect ural docs
• B uilding Application resubmitta l on July 12th
o Ant icipat ing 4-6 wee k review
o Aug 23rd Anticipated building permit issuance
o 3-5 months anticipated construct ion comp letion late November - latest January 2022 • Final inspection January/ February 2022
• Open for operatio ns February/March 2022
The dates above are estimates. We are workin g as quickly as we can thro ugh the processes and the bulk of the time from here on out will be dedicated to obt ain construct ion perm its and comp leti on of the upgrades. Please let me know if you need any other deta ils.
Sincerely,
Ivy Bader, MLS
Compliance Analyst,
777 East Tahquitz Canyon Way, Suite 200-11
Palm Springs, CA, 92262 , USA
Direct : +l (760) 904-4972
ibader@globalgo .consulting I globalgo .consulting
1 Item 2C - Page 57
Global G~
The information conta ined in this email message and any attachments may be confident ial and privileged, and exempt from disclosure under applicable law. This email message is intended only for the exclusive use of the person or entity to whom it is addressed. If you are not the intended recipient (or someone responsible for delivering this email message to the intended recipient), please be aware that any use, distribution or copying of this commun ication is strictly prohibited. If you have received this communication in erro r, please noti fy the sender immediately by return email or by telephone and delete or destroy this email message and any attac hments to it. This email may be an attorney advertisement. Should you not wish to receive such comm unications from me, please reply to t his email requesting to be removed.
From: Veronica Goedhart <Veron [email protected]> Sent: Friday, June 4, 202110:11 AM
To: Simone Sandoval <[email protected] g>
Cc: Ivy Bader <ibade [email protected] sult ing>; Michael Milan <Michael.Mi lan@palmsp ringsca.gov> Subject: Re: Calibliss renewal
My apologies, thought this was the second extension. Provide a timeline to demonstrate the progress: and, projected timeline to complete. We can then issue the 12-month extension.
Sent from my iPhone
On Jun 4, 2021, at 8:47 AM, Simone Sandoval <[email protected]> wrote:
NOTICE: This message originated outs ide of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.
Hi Veronica,
I
Thanks for this information. Based on my reading of the below, the highlighted blue area means that we can apply for a 12 month extension based on a showing of substant ial progress toward becoming operational with no unreasonable delay. We can certainly show this as this project has been moving forward ever since last July (the project underwent several AAC meetings before receiving approval; TI is in review, but needs to be updated with AAC requirements. However, the yellow part you highlighted shows that the penalty only kicks in a~er applying for a second extension. Meaning this first application for extension is not subjected to the penalty. Please confirm this is correct.
Also, since there is no direction here on how to apply for an extension, can you please outline the process so that we can get ahead of this and ensure this project stays in compliance until we receive our final COO and Business License? Thanks in advance for your time and guidance.
5.55.080 Adult-Use Cannabis Permit Application Process.
Exception. Permittees with Conditional Cannabis Permits may conduct the limited action s permitted by these permits. Condit ional Cannabis Permits issued for Adult-Use Cannabis Activity at newly constructed buildings shall expire twenty-four (24) months from the date of issuance if the Adult-Use Cannabis Business is not operational.
Conditional Cannabis Permits issued for Adult -Use Cannabis Activity at existing build ings 2 Item 2C - Page 58
may apply for a second twelv e (12) mont h extensio n based on the same find ings; however, if granted, the Perm ittee shall pay a penalty determ ined by the City Council and not to exceed ten thousand doll ars ($10,000.00). Permittees who have Conditiona l Cannabis Permi ts expire shall be prohibited from applying for a Condit ional Cannabis Permit or an Adult- Use Cannabis Permit for a period of twe lve (12) months.
Simone Sandoval, J.D.
Directo r of Licensing & Compliance
Global Go, LLC
777 East Tahqu1tz Canyon Way. Suite 200-11
Palm Springs. CA. 92262 . USA
Office : +1 (760) 671-5647
Cell: +1 (760) 238-6214
SSandova l@globa lqo.consul ting I globalqo.consul tinq <Outlook-haptlb yq.p ng>
The information contained in this email message and any attachments may be confidentia l and privileged, and exempt from disclosure under applicable law. This email message is intended only for the exclusive use of the person or entity to whom it is addressed. If you are not the intended recipient (or someone responsible for delivering this email message to the intended recipient) . please be aware that any use, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediate ly by return email or by telephone and delete or destroy this email message and any attachments to it. This email may be an attorney advertisement. Should you not wish to receive such communications from me, please reply to this email requesting to be removed.
From: Veronica Goedhart <Veronica.Goedhart@pa lmspringsca.gov> Sent: Thursday, June 3, 2021 6:06 PM
To: Ivy Bader <[email protected] >; Michael Milan <Michael.M [email protected]> Cc: Simone Sandoval <[email protected] sulti ng>
Subject: RE: Calibliss renewal
Hi Ivy - The Annua l Permit is not issued until after all departm ent approvals, includ'ng Certificate of Occupancy and Business license. When the condit ional permit expires applicant may app ly to Council for a 12-month extension; however, there is no guarantee and it is subject to a penalty of up to $10,000.
5.55 .080 Adult -Use Cannabis Perm it Application Process.
Exception. Permittees w ith Conditional Cannabis Permits may conduct the limited actions permitted by these permits. Conditional Cannabis Permits issued for Adult-Use Cannabis Activity at newly constructed buildings shall expire twenty-fou r (24) months from the date of issuance if the Adult- Use Cannabis Business is not operat iona l.
Conditional Cannabis Permits issued for Adult-Use Cannabis Activity at existing buildings shall expire twe lve {12) months from issuance if the Adult -Use Cannabis Business is not 3 Item 2C - Page 59
operational. Permittees may appeal the expiration of a Condit ional Cannabis Permit and be granted a twelve (12) month extension based on a showing of substantia l progress towa rd becoming operat ional and no unreasonable delay (i.e., Permittee should demo nstrate measurable progress to becoming operational and identify unique factors that impeded the Permittee from becoming operationa l) to the City Council. Permittees may apply for a second twe lve (12) month extension based on the same find ings; howeve r, if granted, the Permittee shall pay a penalty determined by the City Council and not to exceed ten thousand dollars ($10,000.00 ). Permittees who have Conditiona l Cannabis Permits expire shall be prohib ited from apply ing for a Conditiona l Cannabis Permit or an Adult-Use Cannabis Permit for a period of twelve (12) mont hs.
Veronica E. Goedhart
Director , Department of Special Program Compliance
Office - 760-322-8370 / Ext. 8370
Email: veronica [email protected]
FOR CORONAVIRUS UPDATES AND RESOURCES: www.palmspringsca .gov Or CONTACT THE HOTLINE AT coronavirusg uestions@palmspringsca .gov Or Phone #760-902-1155
The Eisenhower Coronavirus Hotline can be reached at 760-837-8988 From: Ivy Bader (mailto:ibader@g lobalgo.consulting l
Sent : Thursday, June 3, 2021 3:33 PM
To: Michael Milan <Michael.Milan@palmspringsca .gov>
Cc: Simone Sandoval <[email protected] >; Veronica Goedhart <Veronica.Goedhart@palmspringsca .gov>
Subject : RE: Calibliss renewal
NOTICE: This message origi nate d outs ide of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.
Hey Michael,
I do not think Calibliss will be operational by 9/14/21 because there are significant exter ior and interio r improvements. The Building Department will not review our T.I Application until Council approves the proposed exterior upgrades, which will likely be next month. Construct ion usually takes a few months to comp lete at best and can drag on well beyond that. Given the course of t he project to-da te I don' t think it is likely it will be completed by 9/14/21.
I have a question, what will trigger issuance of t he Cali bliss Annual perm it? Will it be issued afte r Council approves the proposed exterior upgrades or is it after Calibliss passes the final inspection? Thanks in advance!
Sincerely,
Ivy Bader, MLS
Compliance Analyst,
777 East Tahquitz Canyon Way, Suite 200-11
Palm Springs , CA, 92262 , USA
4 Item 2C - Page 60
Direct: +1 (760) 904-4972
ibader@globa lgo.consulting I globalgo.consulting
<image003.png>
The informat ion contained in this email message and any attachments may be confidential and privi leged, and exempt from disclosure under applicab le law. This email message is intended only for t he exclusive use of the person or entity to whom it is addressed. If you are not the intende d recipient (or someone responsible fo r delivering this emai l message to t he intended recipient), please be aware that any use, distribut ion or copying of thi s comm unication is stri ctly prohibi ted. If you have received t his communic ation in error, please notify th e sender imm ediately by return email or by telephone and delete or destroy thi s ema il message and any att achment s to it. This ema il may be an attorney advert isement. Should you not wish to receive such communicati ons fro m me, please reply to this email requesting to be removed .
From: Michae l Milan <Michael.Mi [email protected] > Sent: Thursday, June 3, 2021 3:22 PM
To: Ivy Bader <[email protected] lting >
Cc: Simone Sandoval <ssandoval@globa lgo.consulting >; Veronica Goedhart <Veronica.Goedhart@pa lmspringsca.gov>
Subject: RE: Calibli ss renewal
Importance : High
Good Afte rnoon Ivy,
Our office can grant a 60-day extension of the regulatory permit (which would push the expiration of the regular permit 09/14/2 1).
Is this additiona l time sufficient for successful completion of t he proje ct? Sincerely,
<image007 .jpg>
Michael Milan I Account Clerk II
Department of Special Program Compliance I Office of the City Manager Email: M ichael.Mil [email protected] I Office; 760.322.8369 I Fax: 760.322.8317 425 N Civic Dr, Palm Springs, CA 92262-0331
From: Ivy Bader <ibade r@globalgo .consulting >
Sent: Thursday, June 3, 202112:22 PM
To: Michae l Milan <Michael.Milan@palmspringsca .gov>
Cc: Simone Sandoval <[email protected] g>
Subject: Calibliss renewa l
Importance: High
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachment s unless you are sure the content is safe.
Hey M ichael,
5 Item 2C - Page 61
Happy Thursday. I had a few quest ions on t he Calibliss Regulatory Permit , wh ich is set to expire 07 / 14/2 1. We have encountered some pauses in gett ing through the waiver conditions prio r to the conditional perm it expiration date. The project is likely to go to Council in July for approval of exter ior upgrades they condition ed on passage of the waiver. We want to ensure th at they remain in good standing so we will likely need to renew and my questi ons are on the process, since I know the re were some recent changes to the renewa l process.
l. Can you please confirm that we must renew the conditional permit using same renewal form for the annual? (https://www .pa lmspringsca.gov/Home/ShowDocu ment ?id = 77976 ) a. If the re is a new form, could you please send it over?
2. Is the renewal fee is $1,000 or has it increased now with the new ordina nce? a. What will be the new fee?
3. I assume that after City Council Approves the upgrades, a PS Annual Permit will be issued, instead of a PS Conditional Permit. Please confirm this is true and if so will the renewal fee mention ed in question 2 count towa rds the annual permit once it is issued, which is presumab ly after the City Council meet ing tentatively scheduled for July? Thank you in advance! I am available direct ly at 831-264-3187.
Sincerely,
Ivy Bader, MLS
Compliance Analyst,
777 East Tahquitz Canyon Way , Suite 200-11
Palm Springs, CA, 92262 , USA
Direct: +1 (760) 904-4972
ibader@g lobalgo.consulting I globalgo.consulting
<image008.png>
The information contained in thi s email message and any attachme nts may be confiden ti al and privileged , and exem pt from disclosure under applicable law . This email message is intended only fo r the exclusive use of the person or entity to whom it is addressed. If you are not the int ended recipient (or someone responsible for delivering this email message to the intended recipient), please be aware t hat any use, distr ibution or copyi ng of this commun ication is strictly prohibited . If you have received t his commun icati on in error, please notify the sender immed iately by return email or by telep hone and delete or destroy this email message and any attachments to it. This email may be an attorney advertisement. Shou ld you not wish to receive such commu nications from me, please reply to this email request ing to be removed .
6 ATTACHMENT D
Item 2C - Page 62
Item 2C - Page 63
Veronica Goedhart
From: Simone Sandoval <ssandoval@globalgo .consulting>
Thursday, June 9, 2022 11 :31 AM Sent:
To: Veron ica Goedhart
Subject: Non Operational Conditional Permit Holder Calibliss, LLC- Renewal request C-2019-096 CaliBliss LLC_Conditional Permit signed_2021.06.09 .pdf Attachments:
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on link s or open att achment s unless you are sure the content is safe.
Hi Veronica,
This email is to give a status update on Conditional Permit holder Calibliss, LLC's project to renew the nonope rational conditional permit that is set to expire July 3, 202 2 (see attached). As promised, below is the project status, includ ing general construction timeline:
• Tenant improvements were temporarily paused during the 2021-2022 year due to inability to obtain reliable contractors, access to materials, and wor ker shortages due to the global pandemic. • Client is currently bidding and in negotiations with Archite cts and General Contractor (GC) candidates who they expect to finalize/decide on by end of June/ beginning of July. • Mid July 2022- Submit Tl applicat ion and Cannabis Matrix to secure Building Permit with the general timeline considerations laid out below:
o Building & Safety Review could take 2-3 months, with a couple rounds of corrections in my exper ience.
o Construction timeline will be driven by the GC his ability to order and obtain mater ials in a timely manner.
• Octobe r 2022 schedu le requi red Department inspections to obta in COO (Cert of Occupancy). • October 2022 Obtain Business Tax License.
• November 2022 Receive Annual City License and begin operations.
As a rem inder, th is is a non-operational business/ conditional permit holder. We appreciate the Department not imposing the renewa l fee on non-operational cannabis permit holders. Please let me know if there is anything additional you need to renew the permit.
Best,
Simone Sandoval, J.D.
Director of Licensing & Compliance
Globa l Go, LLC
777 East Tahguitz Canyon Way. Suite 200-11
Palm Springs. CA. 92262, USA
Direct: +1 (760) 238-6214
SSandova [email protected] nsultinq I globalqo. consu lting Global G(!;)
Announcing Global Cannabis Times
CONFIDENTIALITY NOTICE:
Item 2C - Page 64
The contents of this e-mail message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or their agent, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and any attac~ments. If you are not the intended recipient, you are hereby notified that any use, dissemination, copying, or storage of this message or its attachments is strictly prohibited. I
2 I
I
I
ATTACHMENT E
Item 2C - Page 65
Item 2C - Page 66
Veronica Goedhart
From:
Sent:
To:
Cc:
Subject:
Importance:
Scott Taschner <[email protected]>
Monday, July 24, 2023 12:39 PM
Veronica Goedhart
Andrew Mekhail; John Mikhael; Troy Mueller
Re: Request for Postponement
High
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments u1lless you are ~9,r~ .the content is ,safe~ · · ·· '
Good afternoon Veronica,
Thank you for the heads up. I just spoke with the owner/operator and we are okay with the postponement. It will give us more time to work with you and other City staff to make sure we present what the Council is looking for, and to clear up the questions/concerns they have.
Best Regards,
Scott
Scott Taschner, Founder/Principal
CityPermitHelp.com
GIS-Pros.com
CVAFRD.com
DISCLAIMER: The information provided in this email evaluates the potential for development and does not guarantee any governmental agency entitlements. It is the responsibility of the reader, to conduct their own research to confirm the ace uracy of any information contained herein. and to consult with the appropriate government agencies prior to any substantial investmept (i.e,. land acquisition, site, engineering and construction plans, etc.). The reader shall conduct their own due diligence with lead agencies regarding the applicable policies, plans, and requirements as they apply to the proposed development project. and to rejiew the appropriate procedures outlined in applicable agency regulations and requirements, (i.e. local zoning code. general plan:, state laws, CEQA requirements, etc.) and to examine possible alternatives or modifications relating to the proposed project. The information in this email and related attachments are the result of research that includes some third-party information, maps, photographs, icity codes, state laws, and other related documents. The sender provides no guarantee or warranty that this infonnation is accurat! and/or up-to date. The information contained in this email and any attachments may be confidential. If you are not the intended reci ient of this communication, you may not use, disclose, print. copy or disseminate the same. If you have received this in error. pleas notify the sender and destroy all copies of this message.
On 2023-07-24 11:45 AM, Veronica Goedhart wrote:
City Council has raised questions related to your appeal.
Specifically, questions related to the new tenant improvement submission, prior extension and the demonstration of substantial progress toward becoming operational at no unreasonable delay. We would like the opportunity to provide specific questions to you related to the request so Council has the information to review.prior to your appeal hearing.
We are requesting a one month postponement to address these questions. 1 Item 2C - Page 67
Kindly confirm if you are agreeable to this request.
Veronica E. Goedhart
Director, Department of Special Program Compliance
425 North Civic Drive
Palm Springs, California 92262
Office - 760-322-8370 / Ext. 8370
Email: [email protected]
FOR CORONAVIRUS UPDATES AND RESOURCES: www.palmspringsca.gov [l] Or CONTACT THE HOTLINE AT [email protected] 0 Phone #760-902-1155
The Eisenhower Coronavirus Hotline can be reached at 760-837-8988 CONFIDENTIAL COMMUNICATION: This message is for the sole use of th intended recipients and may contain confidential material, legally privileged information, and/or information exempt from disclosure under applicable law. Any unauthorized review, use, disclosure or distribution is prohibited. If you have received this e-mail in er or, please so notify the sender by reply email and destroy all copies !f the original.
Links:
[1] http://www.palmspringsca.gov/
2 ATTACHMENT F
Item 2C - Page 68
Item 2C - Page 69
Veronica Goedhart
From:
Sent:
To:
John Mikhael <[email protected] >
Monday, July 24, 2023 3:42 PM
Veronica Goedhart
Subject: Re: Request for Postponement
NOJICE; This message originated outside of The City of Palm Springs - DO NOT CLICK on links oropen attachments u less you are ~4f~Jh:~(c9ntent.is sc1f~~:ll\: · · .- •· ·
Hi Veronica,
I see that Andrew has agreed to his own request along with the consultant that he has hired, Scott. Since I' not in agreement with the facts set forth in the appeal. And I did not participate in it. Please let me know how's y u guys will proceed and what will happen at 5:30 today. Thank you.
Sent from my iPhone
On Jul 24, 2023, at 2:37 PM, John Mikhael <[email protected]> wrote:
Hello Veronica I'm not in agreement with the facts set forth in the appeal. And I did not participatj in it.
On Jul 24, 2023, at 11:45 AM, Veronica Goedhart
<[email protected]> wrote:
City Council has raised questions related to your appeal. Specifically, questions related to the new tenant improvement submission, prior extension and the demonstration of substantial progress toward becoming operational at no unreasonable delay. We would like the opportunity to provide specific questions to you related to the request so Council has the information to review prior to your appeal hearing.
We are requesting a one month postponement to address these questions.
Kindly confirm if you are agreeable to this request.
1 Item 2C - Page 70
Veronica E. Goedhart
Director, Department of Special Program Compliance
425 North Civic Drive
Palm Springs, California 92262
Office - 760-322-8370 / Ext. 8370
Email: [email protected]
FOR CORONAVIRUS UPDATES AND
RESOURCES: www.palmspringsca.gov
Or CONTACT THE HOTLINE AT [email protected] Or
Phone #760-902-1155
The Eisenhower Coronavirus Hotline can be reached at 760-837-8988 <imageOOl.jpg>
CONFIDENTIAL COMMUNICATION: This message is for the sole use of the intended recipients and may contain confidential material, legally privileged information, and/or information exempt from disclosure under applicable law. Any unauthorized review, use, disclosure or distribution is prohibited. If you have received this e-mail in error, please so notify the sender by reply email and destroy all copies of the original. 2 ATTACHMENT G
Item 2C - Page 71
Item 2C - Page 72
Veronica Goedhart
From: Veronica Goedhart
Sent: Tuesday, July 25, 2023 2:48 PM
Andrew Mekhail To:
Cc:
Subject:
Scott Taschner; Zachary Scalzo; Anne Branham
Calibliss Appeal
Importance: High
Mr. Mekhail:
As I explained yesterday, the City has additional questions and there were some late acquired facts, both of which we wanted to provide you the opportunity to address in writing.
1. Will CaliBliss' pursuit of upgrades further delay achieving operational status? Is CaliBliss still !intending on developing the second floor into a lounge and removing the two residential units?
2. What is CaliBliss' schedule to entitle and complete the business? Additionally, when will CaliBliss be providing responses to the plan check comments that it received from the City?
3. CaliBliss has claimed that it has invested $1,500,000 to design and entitle the business. Can you 91ease provide substantiation of these expenses, and any future contracts that will assist Cali Bliss in becoming operrtional within the above-schedule?
4. CaliBliss generally cites COVID-19 related impacts as a basis to explain its delay. Can you provide sperific examples and evidence?
5. Yesterday, we received an email from John Mikael that stated "I'm not in agreement with the fa s set forth in the appeal. And I did not participate in it." Please respond to the following:
a. Explain with reference to CaliBliss' organization documents how CaliBliss can pursue an ap eal when the two owners are in apparent disagreement;
b. Please explain the apparent disconnect between the two views of the "facts set forth in t]e appeal." Please provide any written submission no later than August 28, 2023.
On June 6, 2023, CaliBliss waived time to hear this appeal, but the City currently intends on placing the ~earing on the September 14, 2023 agenda. Please let us know if you need more time to respond to these questions, and !what date you would prefer.
Additionally, although not required, submitting any further writing and evidence under the penalty of perjury would greatly assist the City in determining the credibility of Cali Bliss' position.
Please let me know if you have any additional questions.
Thanks,
1 Item 2C - Page 73
Veronica E. Goedhart
Director, Department of Special Program Compliance
425 North Civic Drive
Palm Springs, California 92262
Office - 760-322-8370 / Ext. 8370
Email: veronica.goedhart@palmspring sca.gov
FOR CORONAVIRUS UPDATES AND RESOURCES: www.palmspringsca.gov Or CONTACT THE HOTLINE AT [email protected] Or Phone #760-902-1155
The Eisenhower Coronavirus Hotline can be reached at 760-837-8988 CONFIDENTIAL COMMUNICATION: This message is for the sole use of the intended recipients and may contain confidential material, legally privileged information , and/or information exempt from disclosure under applicable law. Any unauthorized review, use, disclosure or distributio n is prohibited. If you have received this e-mail in error, please so notify the sender by reply email and destroy all copies of the origina l. 2 ATTACHMENT H
Item 2C - Page 74
Item 2C - Page 75
City of Palm Springs
Dep artm ent of Special Progr am C o mplianc e
421 :-,;,,nh l 1\ 1,· I'm,· • P.il111 Spn11~, . l .. il11 .. rni ,1 9221'2 T,-1: 1(\l). >22-.'i 11'12 • l·,1x, , <1('\. ,2 2.:-1117 • T()I ) 7ofl.Hc,4.')''i2 7 • \\'I\W.p,il111, p1 111!.!,r.:a.~o\ SENT VIA US MAIL and EMAIL to: [email protected]
August 10, 2023
Andrew Mekhail
CaliBliss, LLC
3017 Rue Montreux
Escondido, California 92026
RE: CaliBliss Appeal - Local Permit No. C-2019-096
Mr. Mekhail,
The City of Palm Springs ("City") writes to follow-up on our July 25, 2023, email in which you agreed to extend the time for the City to act on CaliBliss LLC's ("CaliBl iss") appea l to the City Council for an extension of its Conditional Cannab is Business Permit.
First, at or about the time the City and CaliBliss agreed to reschedule the appeal hearing, our office received a call from Mr. John Mikhail indicating that he does not support the appeal, nor does he agree with the information CaliBliss submitted in its Notice of Appeal.
Problematica lly, both you and Mr. Mikhail are listed as CaliBliss' designated representatives in its Application for a Conditional Cannabis Business Permit. The City is not responsible for resolving disputes between Cali Bliss' ownership, and it is not clear based on the Notice of Appeal and Mr. Mikhail's objections, whether CaliBliss has the authorization to proceed with the appeal.
In other words, the City cannot determine whether the CaliBliss intends to proceed with the appeal.
Thus, the City requires either that Mr. Mikhail: (i) indicate in writing that he concurs in CaliBliss proceeding with the appea l and concurs with the facts provided in the Notice of Appeal; or (ii) that Mr. Mikhail concurs in CaliBliss proceeding with the appeal. To the extent that Mr. Mikhail does not concur with the facts in the Notice of Appeal , the City reserves the right to treat the disagreement as an issue of CaliBliss' credibility when the City Council decides to grant or deny the appeal.
If CaliBliss and Mr. Mikhail do not comp ly, the City may either: (i) suspend the appeals process until such a time as the parties resolve their dispute ; or (ii) treat CaliBliss' failure to correct this issue as a basis for denying the appeal on the merits.
Item 2C - Page 76
Mr. Andrew Mekhail
August10,2023
Page2
Please note, the City may deem CaliBliss' untimely correction of this issue as a wa~er of CaliBliss' right to proceed with the appeal. Second, the City presented questions to CaliBliss regarding the appeal on July 25, 2023, and requested a response no later than August 28,l 2023.
The deadline to respond is quickly approaching. We wanted to make ourselves available fpr any questions, and to determine whether CaliBliss would be submitting supplemental information.
I
• i
Feel free to contact me with any questions or concerns.
Sincerely,
CITY OF PALM SPRINGS
Veronica Goedhart, Director
Department of Special Program Compliance
Enclosure
cc: Scott Taschner (via email only)
John Mikhael (via email only)
Troy Mueller (via email only)
ATTACHMENT I
Item 2C - Page 77
Item 2C - Page 78
CALITBLISS
DIS P E S<\ R Y AND LOUNGE
Dear Ms. Goedhart,
J trust this email finds you in good health. I am writing to provide you with detailed responses to the additiona l questions posed by the city. Please find the information below :
I. Regarding the second-floor development , CaliB liss LLC has opted not to proceed with the conversion of the second-floor units into a lounge. The two upper-level units will retain their residential use. As for potentia l operationa l delays tied to the mandatory Tenant Improvement (TI) upgrad es mandated by the City, I am confident that any such delays will be minimal.
2. Our company's primary objective is to achieve operationa l status and successfully estab lish our business with in the next 12 to 24 months.Jam committed to promptly addressing the City plan check process within 30 days following the upcoming hearing.
3. In March 2020, CaliBliss LLC successfully secured approval for a distance waiver minor modification to facilitate cannabis operations at our property location. Initially, we embarked on an extensive search, engaging multiple real estate agents, in our pursuit of a suitab le leasing space in Palm Springs that aligned with the City's compliance criteria and attracted a landlord willing to lease to a cannabis enterprise. Despite exhaustive efforts, this endeavor proved unsuccessfu l. It became apparent that a prerequisite for consid eration for the cannabis distance waiver was the estab lishme nt of a place of business. Faced with this requirement , we undertook a calculated risk by purchasing the property, enabling us to qualify for the cannabis distance waiver, even though its approval was uncertain. The investment of $1.5 million , is inclusiv e of property acquisition , ownership costs, property maintenance expenses , and expenses tied to obtaining a City-approved cannabis license, underscores the commitment of our con;ipany and its business partners.
4. The global COVID-19 pandemic had a profound impact on new businesses, part icularly those venturing into emerging markets. The pandemic's ramification s reverberated across supply chains, distribution networks, construction and infrastructure development, regulatory processes, and market dynamics. These challenges affected both established and fledg ling enterprise s alike. On a personal note, I must acknowledge that a substantia l portion of my focus was directed towards my family, especially due to my wife's pregnancy during the pandem ic. Navigating the uncertainties, particu larly concerning the health of pregnant individual s, was indeed a formidable experience. Fortunately, the situation has improved significantly , and as the effects of the pandemic subside, our company is poised to move forward.
Item 2C - Page 79
5. CALITBLISS
D I SPE SARY AND L O UNGE
A) I would like to address the company's organizational structure. Kindly find attac9ed the LLC operating agreement for your reference. This agreement designates me, Andrew Mekhail, as the sole managing member, conferring the authority to represent the company, make decisions, and engage in contracts on its behalf.
B) Additionally, concerning a prior matter, John initially expressed reservations regarding the lounge. However, his perspective lacked the necessary depth of understanding in this business matters. ram pleased to inform you that this concern has been resolved, and John is now fully aligned with the company's appeal approval and operational goals, as outlined in the operating agreement.
I appreciate your attention to these matters. Should you require further information or clarification, please do not hesitate to contact me. We value your ongoing support as we work diligently towards achieving our operational objectives.
Sincerely,
Andrew Mekhail
Managing Member
CaliBliss LLC
ATTACHMENT J
Item 2C - Page 80
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF THE
EXPIRATION OF CONDITIONAL CANNABIS PERMIT NO.
C-2019-096, HELD BY CALIBLISS, LLC
Jurisdiction
: The appeal hearing is conducted in accordance with Palm Springs Municipal Code Chapter 2.05 which confers jurisdiction upon the City Council to hear all appeals to the City Council other than those separately handled pursuant to Chapter
2.50. WHEREAS, CaliBliss, LLC (“Appellant”) was issued Conditional Cannabis Permit No. C-2019-096 (“Permit”) pursuant to Palms Springs Municipal Code Chapter 5.55 on July 14, 2020. A twelve- month extension was granted on July 4, 2021, and a second twelve-month extension was granted on July 5, 2022; and
WHEREAS, the second extension window for the Permit expired on July 3, 2023, and staff advised representatives for Appellant that an additional twelve- month extension would require the approval of City Council (by an appeal) and w ould be subject to a penalty of up to $10,000, pursuant to Palm Springs Municipal Code Section
5.5.080; and
WHEREAS, Appellant thereafter filed a Notice of Appeal of the expiration of the Permit on May 30, 2023; and
WHEREAS, notice of the appeal hearing before the City Council was given in accordance with applicable law, and was rescheduled from July 24, 2023, to September 14, 2023, with Appellant’s consent to afford Appellant an additional opportunity to address questions from the City Council; and
WHEREAS, the City Council of the Cit y of Palm Springs opened and conducted a duly noticed appeal hearing in accordance with Palm Springs Municipal Code S ection
5.55.080 and Chapter 2.05 on September 14, 2023; and
WHEREAS, the City Council of the City Palm Springs was presented with a report from report from staff regarding the appeal dated September 14, 2023 (“Report”), and evidence regarding Appellant’s ability to demonstrate substantial progress toward becoming operational, and identification of any unique factors that impeded Appellant from becoming operational; and
WHEREAS, the City Council of the City of Palm Springs has carefully reviewed and considered all the evidence presented in connection with said appeal on September 14, 2023.
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY FIND, Item 2C - Page 81
Resolution No. _____
after due consideration given to the relevancy, weight, and credibility of testimony and evidence, and based upon a preponderance of the evidence in accordance with the City Council’s procedure, as follows:
SECTION 1. INCORPORATION OF RECITALS.
The foregoing Recitals are true
and correct and are incorporated herein by this reference.
SECTION 2. DETERMINATION.
CaliBliss, LLC has failed to provide adequate evidence of substantial progress toward becoming operational and no unreasonable delay , that includes CaliBliss, LLC ’s failure to present evidence identifying unique factors that impeded them from becoming operational. Accordingly, pursuant to Palm Springs Municipal Code Section 5.55.080 and based upon the Report, the evidence in the record , and testimony presented at the hearing, the City Council
DENIES CaliBliss, LLC’s appeal for a twelve-
month extension of the Permit.
CaliBliss, LLC has presented adequate ev idence of substantial progress toward becoming operational and a lack of unreasonable delay.
Accordingly, pursuant to Palm Springs Municipal Code Section 5.55.080 and based upon the evidence in the record and testimony presented at the hearing, t he City Co uncil
GRANTS CaliBliss, LLC’s appeal for a twelve-
month extension of the Permit, to expire on , 2024.
CaliBliss, LLC shall pay a penalty in the amount of $____________.
PASSED, APPROVED, AND ADOPTED BY TH E PALM SPRINGS CITY COUNCIL THIS ___ DAY OF ________________, 2023.
GRACE ELENA GARNER
MAYOR
ATTEST:
BRENDA PREE
CITY CLERK
Item 2C - Page 82
Resolution No. _____
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE , City Clerk of t he City of Palm Springs, hereby certify that Resolution No. ____ is a f ull, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on September 14, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF , I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE
CITY CLERK
Item 2C - Page 83
CITY COUNCIL STAFF REPORT
09/14/2023
SUBJECT:
APPROVE A SECOND AMENDMENT TO THE LEASE WITH COACHELLA
VALLEY ECONOMIC PARTNERSHIP FOR OFFICE SPACE AT 3111 EAST
TAHQUITZ CANYON WAY
RECOMMENDATION:
Approve Amendment No. 2 for the lease with Coachella Valley Economic Partnership for space located at 3111 East Tahquitz Canyon Way, reducing the amount of space they lease and to allow rental credits for property management services (Agreement A6037).
1. Authorize the City Manager to execute all necessary documents.2.
Attachments
Item 3A
CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 14, 2023 BUSINESS & LEGISLATIVE
SUBJECT: APPROVE A SECOND AMENDMENT TO THE LEASE WITH
COACHELLA VALLEY ECONOMIC PARTNERSHIP FOR OFFICE SPACE
AT 3111 EAST TAHQUITZ CANYON WAY
FROM: Scott C. Stiles, City Manager
BY: Community & Economic Development Department
SUMMARY:
The City and Coachella Valley Economic Partnership (CVEP) have collaborated on the operation of the Palm Springs Innovation Hub (iHub) since 2011. The iHub operations are located in City -owned office space at 3111 East Tahquitz Canyon Way , which houses CVEP’s Palm Springs headquarter offices and business incubator spaces. CVEP recently submitted a proposal to modify the terms of the 3111 East Tahquitz Canyon lease with the City (Attachment A, Lease). CVEP is proposing to utilize less space at 3111 East Tahquitz Canyon and to receive rental credit for managing the City Owned property. This transaction provides an opportunity for the City to occupy underutilized office space in the iHub building to accommodate staff increases rather than leasing commercial office space elsewhere.
RECOMMENDATION:
1. Approve Amendment No. 2 for the lease with Coachella Valley Economic Partnership for space located at 3111 East Tahquitz Canyon Way , reducing the amount of space they lease and to allow rental credits for property management services (Agreement A6037).
2. Authorize the City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
The Business Principal Disclosure form is provided as Attachment B.
Item 3A - Page 1
City Council Staff Report
September 14, 2023 -- Page 2
CVEP Agreement
BACKGROUND:
Coachella Valley Economic Partnership (CVEP), a membership-based organization, was first established is the early 1990’s to foster industrial development throughout the desert region. The City first entered into a MOU with CVEP in June 2011 with Palm Springs as the Managing Partner of the Coachella Valley Innovation Hub, with Cathedral City and Desert Hot Springs as partner cities. The purpose of the iHub is to spur development of startup companies and create jobs.
At that time, CVEP assumed responsibility to manage the iHub to provide administrative and client services to meet the goal of the iHub / Accelerator Campus program, including providing education, support, training, business assistance, and networking programs for clients in the program. The iHub assists entrepreneurs by providing:
• Business mentorship and guidance
• Access to capital
• Start-up risk mitigation
• Business development and growth opportunities
• Acceleration of early-stage technologies
• Office space
CVEP also manages the physical facilities reserved for iHub clients by sub-leasing space at the Palm Springs iHub offices located at 3111 E. Tahquitz Canyon Way. At this time CVEP is requesting modifications to the Lease.
STAFF ANALYSIS:
The City and CVEP entered into the Lease on February 2, 2011. On February 17, 2016, an option to extend the Lease for another five-year period was exercised. Furthermore, CVEP rent in the amount of $5,425 per month ($65,100 per year) was forgiven from July 1, 2020, to June 30, 2021, as a form of assistance during the COVID pandemic as CVEP tenants were unable to pay rent . Currently, the lease continues on a month- to-month basis with CVEP continuing to pay $5,425 per month.
CVEP is responsible for making lease payments in the amount $5,425 monthly regardless of whether tenants occupy the offices or pay rent at the CVEP Facility. Tenants currently occupy less than half of the available office space; as such, CVEP has had to come out of pocket to make lease payments to the City. Therefore, CVEP is proposing to amend the Lease (Attachment C) with the following changes:
• CVEP will continue to manage the building for the City. Day -to-day activities will not change. City to provide CVEP wit h rental credit to cover rental costs for the space used by CVEP for the duration of the agreement.
• CVEP will be allowed to use three (3) offices and 2 storage offices.
Item 3A - Page 2
City Council Staff Report
September 14, 2023 -- Page 3
CVEP Agreement
• CVEP will be allowed to retain all rents collected from non-city occupied offices to offset operating costs that typically average $5,100 per month. • At the end of the agreement, CVEP will grant all furniture, fixtures, and equipment in the headquarters to the City of Palm Springs.
• The Current tenants will be allowed to stay on a month-to-month basis. • As the City increases the number of offices it uses, CVEP shall be granted credits to be settled annually to maintain the operation of the facility.
Rental Credits
CVEP has reported that the cost to operate the building at 3111 East Tahquitz Canyon, inclusive of tenant to the City of Palm Springs , is approximately $126,192 annually. The rent reduction for CVEP would total $65,100 per year. CVEP would still have to cover approximately $61,092 of the operating costs. They anticipate rental income from CVEP clientele in the amount of $61,200 to cover the remainder of the operating costs.
Leased Space
The lease premises currently consist of 5,000 square feet of office space with 20 parking spaces. Common area spaces such as conference rooms, bathrooms, meeting rooms, lobby and passageways are not included as part of the square footage to be leased. A diagram of the current space utilized by CVEP is provided on the following page.
Item 3A - Page 3
City Council Staff Report
September 14, 2023 -- Page 4
CVEP Agreement
Current CVEP Space (bold outlined)
CVEP is requesting the amount of space it is responsible for leasing be reduced to be just the amount of space they currently occupy. The recaptured space will be used to house the City’s Human Resources Department and certain administrative members of the Fire Department staff (highlighted in blue in plan below). The use of this space for City staff addresses an immediate need for office space as part of a larger space planning effort. The remainder of the space would be utilized by CVEP Clients. As proposed, the space would be divided as follows:
Item 3A - Page 4
t ~,
f-; ~~~~~~
I
I
'· \
-.
.j
_, __
·-i-
City Council Staff Report
September 14, 2023 -- Page 5
CVEP Agreement
Proposed Leased Space
Other terms proposed by CVEP are:
• The term of the agreement will be three (3) years, beginning August 1, 2023. • CVEP staff will utilize 788 square feet (highlighted in green in the plan above). • O ffices, reception area, and west conference rooms will be made available for CVEP clientele (highlighted in yellow). CVEP will be responsible for managing this space.
• The restrooms and kitchen area will be shared with City staff; the west conference rooms will be available for occasional City use.
CVEP will utilize the rents collected from businesses clients towards property management expenses such as small repairs, maintenance, and program marketing.
CVEP will collect rent from its tenants , take physical care of the property, pay for and manage tenant services such as trash collection, internet access, and rent collections if necessary. CVEP is not paid by the clientele for the services they provide in developing their businesses.
Item 3A - Page 5
•-'
--
-I
- - - -·- - --l..-- - ~-- - ___l._ - -- - _J_ - - - - ----'- - -- 1 City Council Staff Report
September 14, 2023 -- Page 6
CVEP Agreement
The City’s investment in the iHub program since 2011 has resulted in 48 companies graduating from the progra m, with 20 6 jobs created. Furthermore, CVEP clientele generated sales greater than $1 million and 24 patents and trademarks were secured.
Current CVEP clientele consists of 33% Hispanic, 33% African American, 22% Veteran, and 12% LGBTQ owned businesses.
ENVIRONMENTAL ASSESSMENT
:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to amend a lease of a City -owned property and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
Strategic Objective 1D - Business Development Initiatives.
FISCAL IMPACT:
Approval of the proposed action would reduce rental income to the City in the amount of $65,100 per year. However, increases in the number of City staff members has resulted in the need for additional office space, and this action will likely result in cos t savings by making office space available for City staff and avoiding new costs for the lease or purchase of commercial office space elsewhere.
REVIEWED BY:
Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. CVEP Lease Amendment Request
B. Business Principal Disclosure
C. Lease Amendment
Item 3A - Page 6
Item 3A - Page 7
-
-
CVEP Funding Proposal to City of Palm Springs
May 19, 2023
Item 3A - Page 8
CVEP Funding Proposal to City of Palm Springs
May19,2023
History of Partnership between CVEP and the City of Palm Springs CVEP was formed as a public private partnership in 1994 with a mission to serve as the regional economic development agency for the entire Coachella Valley. The principal mission of CVEP at its founding and today is to take actions to diversify the economy of the region into jobs that are essential soods and services in business sectors that pay a thriving wage.
In 2011, the City of Palm Springs applied for and was granted one of the original six state designations as an Innovation Hub. The founding documents of the California Innovation Hub program were conceived and written in the City of Palm Springs. The Palm Springs iHub opened in late 2011 in the newly refurbished CVEP Headquarters Building across the street from the Palm Springs City Hall. Current CVEP CEO and Chief Innovation Officer, Joe Wallace was recruited to Palm Springs to serve as the founding Managing Director of the Palm Springs iHub. At the time of founding the Cities of Cathedral City and Desert Hot Springs all participated in funding the PS iHub.
In 2013, the Palm Springs iHub was expanded by refurbishing a seven building, 43,000 square foot complex on the grounds of the Palm Springs International Airport that is in a Foreign Trade Zone. The purpose of what is now called the Palm Springs Accelerator campus was and is to mitigate the risks of entrepreneurship for businesses that require space to manufacture goods as their principal business model. The Palm Springs Measure J Commission recommended that the Palm Springs City Council appropriate a total of $1 million to aid in the refurbishment. CVEP raised an additional $900,000 from outside sources to supplement the effort. By all measures this partnership has been recognized locally, nationally, and internationally as a resounding success.
To date, there have been over 100 businesses admitted to the Palm Springs iHub with a total of 16 still in the program. When tasked by the City of Palm Springs to adopt an operating policy of Diversity, Equity, and Inclusion (DEi), CVEP responded favorably. Today our businesses under mentorship and occupying space consists of 33% Hispanic, 33% African American, 22% Veteran, and 12% LGBTQ owned businesses.
In addition to operating the Innovation Hubs in the region, CVEP assists local existing businesses with counseling that is often needed in the areas of cash management, marketing, preparing for investment pitches, proof of concept and proof of markets. We supplement these efforts with seminars and gatherings that are designed around topics like financial literacy, banking, and other relevant business topics.
CVEP Activities to support the Mission
• Letters of Support for Regional Projects: (RCTC Rail to CV, Lithium Valley Initiatives, CSU Expansions, CalTrans, Bandwidth, UCR PDC critical minerals and other projects, grants for other local entities.)
Item 3A - Page 9
•
Coachella
Valley
Journalism
Foundation:
CVEP
was
instrumental
through
Joe
Wallace
as
a founder
of
a
foundation
to
foster
unbiased
journalism
in
Greater
Palm
Springs
. The
opinion
editor
position
has
been
funded
through
the
CVJF
efforts
for
the
past
two
years.
•
IEGO:
Formulating
the
california
State
Goals
for
the
Future
of
Economic
Development
•
CSU
PD
Advancement
Board:
Advocate
for
STEM
(Science
Technology,
Engineering
and
Mathematics)
to
be
established
at
the
campus.
Successes
thus
far
include
helping
to
facilitate
the
inclusion
of
Cybersecurity
and
Entrepreneurship
Degrees
to
be
offered
in
the
Coachella
Valley.
•
Priority
One
Coachella
Valley:
Management
of
Entity
that
secured
$79
million
to
expand
the
CSUSB
Palm
Desert
Campus
to
accommodate
4,000
full
time
equivalent
students.
•
SoCal
Edison
Community
Advisory
Council:
Assist
the
Public
Electric
Utility
in
formulating
goals
that
are
consistent
with
fostering
climate
change
initiatives
without
alienating
the
ratepayers.
•
Visioning:
CVEP
is
facing
the
future
by
maintaining
vigilance
on
the
relevance
of
technical
advancements
and
how
Greater
Palm
Springs
should
be
positioned
to
participate
in
the
progress
and
wealth
that
such
advancements
create.
Some
examples
of
our
efforts
include
advocating
for
enhanced
bandwidth,
improving
education
at
all
levels,
and
actively
seeking
local
investment
options
for
start-up
businesses.
•
Annual
Summit:
CVEP
holds
an
economic
summit
annually
where
visioning,
economic
projections,
and
other
relevant
topics
to
foster
a thriving
economy
are
presented.
•
Gent's
Alliance:
CVEP
participates
in
this
program
that
is
designed
to
promote
gentility
and
responsibility
in
young
males
of
color.
The
program
is
operated
by
One
Future
Coachella
Valley
that
was
grown
within
CVEP
and
spun
out
as
an
independent
non-profit
in
2017.
•
NREL
IN2
Consortium:
A
consortium
of
business
incubators
engaged
in
mentoring
renewable
energy,
energy
efficient
structures,
and
agricultural
businesses.
This
group
is
sponsored
by
the
National
Renewable
Energy
Lab
and
Wells
Fargo
Bank.
CVEP
is
a founding
member
of
the
channel
partners
along
with
Stanford,
MIT,
and
the
University
of
Chicago.
CVEP's
connections
at
Wells
Fargo
resulted
in
roughly
$400,000
being
invested
in
the
Palm
Springs
Accelerator
Campus
and
the
naming
of
Building
#9
.
•
Inland
Empire
Bandwidth
Consortium:
CVEP
is
an
invited
participant
in
the
organization
that
is
dedicated
to
expanding
broadband
internet
service
to
all
in
the
State
of
California.
•
GIS
Data
Analysis:
(both}
(traded
goods,
population
demographics,
business
demographics,
employment,
business
sector
analysis).
CVEP
has
deployed
this
center
of
excellence
into
the
analysis
to
locate
the
LifeStream
blood
centers
in
Greater
Palm
Springs
and
in
CVEP
publications
regarding
the
demographics
of
the
region.
•
CA
Forward
State
Economic
Summit:
For
2023,
CVEP's
Economic
Summit
will
be
merged
into
the
california
Economic
Summit
that
will
be
held
at
the
Renaissance
Esmerelda
in
Indian
Wells.
This
event
is
expected
to
bring
800
people
to
the
region.
•
Pandemic
Specific
Activities:
Riverside
County
Economic
Development
Alliance,
Coachella
Valley
Economic
Recovery
Team,
and
the
Palm
Springs
Economic
Recovery
Team
are
examples
of
collective
groups
formed
to
assist
in
evaluating
actions
to
expedite
economic
recovery
of
businesses
in
Greater
Palm
Springs
.
Additionally,
CVEP
secured
$3
million
in
PPE
(personal
protection
equipment)
from
the
California
Office
of
Emergency
Management
for
free
distribution
across
the
region.
•
Board
Service:
CVEP
staffers
serve
on
the
boards
of
Desert
Regional
Medical
Center,
LifeStream,
Desert
Sun
Editorial,
and
the
Greater
Coachella
Valley
Chamber
of
Commerce.
- •
Item 3A - Page 10
-
• Fast Pitch Event: CVEP hosts the entrepreneurial fast pitch event as part of the Riverside County Innovation Month every April. CVEP coached companies (all from the iHub) have been awarded cash and other prizes in every year that we have participated. • Spirit of the Entrepreneur Awards: CSU San Bernardino holds an annual awards competition that recognizes and honors successful entrepreneurs. Until the formation of the Palm Springs iHub, there had been zero awardees from Greater Palm Springs. Since that time there have been s champions including Joe Wallace of CVEP, and 7 finalists. • PS Sister City Committee: CVEP serves on the Palm Springs Sister City Committee. • COD Architecture Committee (Palm Springs campus): CVEP served on the committee to select the architectural firm that is now designing the Palm Springs Campus. • cannabis Business Forums and Discussions: CVEP served as a speaker at the inaugural Cannabis Film Festival held at the Palm Springs Cultural Center and was the only local entity that identified the financial challenges that cannabis-based businesses would face after recreational use was authorized by the voters of California.
• Warehouse Efficacy Analysis: CVEP regularly assist planning and zoning commissions of the cities that make up Greater Palm Springs as they plan for the inevitable movement of the logistics industry into our space.
• Business Sector Roundtables: Specific business sector round tables designed to reach out to business sectors to learn what exactly is needed to help them improve their business models. • Morning Insights: Monthly gatherings of local people with interests in business in the region.
These gatherings have become a draw for the remote workers who relocated to Greater Palm Springs during the pandemic.
• Speaking Engagements: CVEP provides speakers for local Rotary Clubs, Optimist Clubs, public schools, the Palm Springs Board of Realtors, and other civic organizations. • Desert Sands Goldfish Bowl: CVEP serves as a judge for a K-12 program that simulates Shark Tank.
Background Information:
• Original Funding of Palm Springs IHub: At the time that the Palm Springs iHub was founded in 2011, CVEP was paid an annual fee of $175,000 for management and marketing of the iHub. At that time all funds were deployed for salaries, direct marketing, or professional fees. There was no rent, utilities or any other expenses. Three years later that fee was increased to $200,000. A cost-of-living analysis (COLA) was conducted that concluded that to have the same purchasing power, the annual fee in 2023 would need to be increased to $247,485 with no operating expenses.
• Palm Desert IHub Funding: In 2018, CVEP agreed to a contract with the City of Palm Desert to operate an iHub that is adjacent to and shared with the CSUSB Palm Desert Campus. The part of the facility that CVEP occupies is roughly 5,500 square feet and is capable of housing between s and 8 client companies. CVEP is expected to sign an extension to the original agreement that will pay us an annual fee of$192,500 (10% increase) with an annual COLA adjustment. The agreement is expected to be in effect until February of 2026 that coincides with the end of the lease for the Item 3A - Page 11
facility.
CVEP
pays
no
rent,
utilities,
or
any
other
operating
expenses.
All
rents
collected
by
CVEP
•
are
used
for
program
expenses
associated
with
events
and
seminars
.
•
Costs
of
Operating
the
Palm
Springs
fHub:
The
pandemic
is
responsible
for
many
things
that
financially
injured
CVEP
including
losses
of
rent
and
utility
reimbursements
from
client
companies
plus
an
acceleration
of
operational
costs
like
utilities
and
salaries.
In
2019,
the
operating
expenses
of
the
iHub
were
$138,272
for
wages,
$68,395
for
utilities,
and
zero
rent
due
to
expending
rent
credits
for
facilities
improvements
done
by
CVEP
with
sponsorship
dollars
sources
outside
of
the
City
of
Palm
Springs.
In
FY
2023
that
ends
on
June
30,
2023,
we
expect
the
expenses
to
amount
to
rent
of
$62
,400,
utilities
of
$106,759,
and
wages
of
$121,374
. The
utility
increase
during
the
four
year
period
is
56%
or
$38,364
more
than
it
was
in
2019.
The
wages
are
lower
because
of
the
resignation
of
a
bilingual
staff
member
for
a
better
opportunity.
We
do
not
have
the
resources
to
replace
this
person
. We
have
also
had
difficulties
collecting
rents
and
utilities
from
our
client
companies
that
were
also
negatively
impacted
by
the
pandemic.
CVEP's
Funding
Request
from
the
City
of
Palm
Springs:
Annual
Support:
CVEP
understands
that
the
Palm
Springs
City
Budget
includes
annual
support
in
the
amount
of
$75,000
and
we
thank
you
for
that
support.
We
do
not
seek
an
increase
at
this
time
in
the
annual
support
but
would
appreciate
an
annual
COLA
adjustment
starting
with
FY
24-25
.
CVEP
Headquarters:
Our
cost
to
operate
the
CVEP
Headquarters,
inclusive
of
rent
to
the
City
of
Palm
Springs
is
$126,192
for
this
fiscal
year.
This
cost
does
not
include
any
wages,
benefits,
or
professional
fees,
all
of
which
are
necessary
to
manage
the
PS
iHub
and
the
facilities.
The
City
of
Palm
Springs
has
recently
expressed
interest
in
having
some
of
the
city
staff
in
our
headquarters
due
to
overcrowding
at
City
Hall.
There
are
currently
5 offices
available
. Our
proposal
to
make
this
a win/win
situation
for
CVEP
and
the
City
of
Palm
Springs
is
as
follows
:
Proposal
to
Amend
the
Headquarters
Agreement:
•
This
should
be
a
3-5-year
agreement.
•
All
vacant
offices
as
of
the
date
of
an
agreement
will
be
made
available
to
the
City
of
PS
•
City
of
PS
will
waive
all
rent
for
CVEP
for
the
duration
of
the
agreement.
•
CVEP
will
be
allowed
to
use
3 staff
offices
and
2 storage
offices
.
•
CVEP
will
continue
to
manage
the
building
for
the
city.
Day-to-day
activities
will
not
change
.
•
CVEP
will
be
allowed
to
retain
all
rents
collected
from
non-city
occupied
offices
to
offset
operating
costs
(excluding
rent)
that
typically
average
$5,100
per
month.
•
At
the
end
of
the
agreement,
CVEP
will
grant
all
furniture,
fixtures,
and
equipment
in
the
headquarters
to
the
City
of
Palm
Springs.
•
The
current
tenants
will
be
allowed
to
stay
on
a
month-to-month
basis.
•
The
city
of
Palm
Springs
will
have
first
right
of
refusal
on
any
offices
that
are
vacated
by
current
tenants
.
•
As
the
City
of
Palm
Springs
increases
the
number
of
offices,
CVEP
shall
be
granted
credits
to
be
settled
annually
to
maintain
the
operation
of
the
facility.
•
Item 3A - Page 12
•
Palm Springs Accelerator Campus: Our cost to operate the Accelerator Campus for this fiscal year is expected to be $290,533. Our actual rent and utilities collections are expected to only be $80,161. The City of Palm Springs pays CVEP $200,000 per year to operate the Accelerator Campus leaving on ly $60,561 to cover repairs, maintenance, labor, and professional services. Roughly 20% of the Accelerator Campus is not habitable because of mechanical failures that CVEP does not have the means to repair.
Proposal to Amend the Palm Springs Accelerator campus Agreement:
• The City of Palm Springs Waives all rent at the Accelerator campus for the duration of the agreement.
• The agreement should be for 3 - S years.
• The City of Palm Springs assumes responsibility for utilities and other recurring costs to operate the complex like internet, garbage, landscaping etc. • City of Palm Springs to assume responsibility for all repairs above $2,000. • CVEP to use any collections of rent to assist with small repairs and maintenance of the campus plus to market the program to attract new businesses. • CVEP will continue to manage the facility and mentor businesses that are admitted to the PS iHub program.
• CVEP will be allowed to sell the significant abandoned assets in the complex to partially recover some of the losses associated with the impacts of the pandemic on revenue. • CVEP will document and itemize all construction needed at the campus to get it back to where it was 10 years ago. CVEP will get estimates for the repairs and make an application for funding from the Measure J commission to cover the repairs. • CVEP will be paid $250,000 per year with annual COL adjustments for the duration of the agreement.
• CVEP will continue to provide quarterly reports as we have since the inception of the program.
• CVEP will manage the Palm Springs Accelerator Campus with a heightened awareness of the City of Palm Springs commitment to DEi (Diversity, Equity, and Inclusion) CVEP submits this proposal in the spirit of transparency and honesty. The elements of this proposal should be considered with respect to the three forms of support that the City of Palm Springs has historically provided. We look forward to continuing our discussions and converging to an agreement that will allow both CVEP and the City of Palm Springs to move forward in our efforts to elevate the local economy into year-round high wage business sectors in a sustainable way.
Submitted on_...;:.!:>=-_· 48....___.;z_o_z.;_~.._ __ _ Item 3A - Page 13
1. 2.
3. 4.
5. Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Coachella Valley Economic Partnership
Address of Entity (Principle Place of Business)
3111 E Tahquitz Canyon Way, Palm Springs CA 92262
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State California
If other than California, is the Entity also registered in California? n Yes n No Type of Entity
D Corporation D Limited Liability Company D Partnership D Trust Ix] Other (please specify)
6. Nonprofit Corporation
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 Joe J Wallace [ii Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
Other
Deborah McGarrey [RI Officer D Director D Member D Manager Todd Hooks
[name]
D General Partner D Limited Partner
Other
IR] 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
(Revised 09 13 18)
Item 3A - Page 14
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.
[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 entitvl
C.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity
and name of 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.
S<9=rocr~ed Name, Title Date
Laura E James 15 August 2023
Vice President of Innovation, CVEP
(Revised 09 13 18)
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Item 3A - Page 15
Coachella Valley Economic Partnership
Amendment to Palm Springs Business Disclosure Form
August 15, 2023
Officers and Directors, Continued from page 1
Tracy Tremblay Officer
Moises Aguirre Officer
Dan Ballister Director
Alan Brimmer Director
Mark Carnevale Director
Sandra Cuellar Director
Waymond Fermon Director
Rodrigo Garcia Director
Grace Garner Director
Jeremy Goldman Director
Tamara Hedges Director
Christine Hunter Director
Paulina Larson Director
Meg Marker Director
Brandon Marley Director
Tom Niva Director
Richard Oliphant Director
Lee Osborne Director
Greg Sanders Director
Phil Smith Director
Joaquin Tijerina Director
Jerry Upham Director
Ken Wheat Director
•
55575.38175\41605622.3
1 LEASE AGREEMENT NO. A6037
AMENDMENT NO. 2
COACHELLA VALLEY ECONOMIC PARTNERSHIP
LEASE AGREEMENT
AT 3111 EAST TAHQUITZ CANYON WAY
This SECOND AMENDMENT (“Second Amendment”) to Agreement No. A6037 for certain premises and improvements located 3111 East Tahquitz Canyon Way in the City of Pa lm Springs, California, is dated as of August 1, 2023 for reference purposes only, by and between the CITY OF PALM SPRINGS, a municipal corporation (“City” or “Lessor”), and the Coachella Valley Economic Partnership, a non- profit corporation (“Lessee”).
RECITALS
WHEREAS, the City and Lessee entered into that certain Lease Agreement dated February 2, 2011 ( No. A6037) amended by that First Amendment dated February 17, 2016 ( collectively, the “ Lease”), for certain premises and improvements described therein, located at 3111 East Tahquitz Canyon Way, as more particularly described in the Lease (“Premises”);
WHEREAS, the parties wish to extend the term of the Lease an additional three (3) years;
WHEREAS, Lessee agrees to provide certain property management services for the offices and common areas occupied by Lessee and Lessee’s invitees;
WHEREAS, City agrees to provide Lessee with a rent credit (“Rent Credit”) as an offset to Lessee’s entire Rental Obligation for the offices occupied by Lessee.
NOW, THEREFORE, in consideration of the mutual promises of the parties hereto and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Lessee agree to amend the Lease as follows:
1. The Premises
. The Premises shall consist of that certain portion of building, as defined herein, including all improvements therein or to be provided by Lessor under the terms of this Lease, and commonly known as 3111 East Tahquitz Canyon Way , located in the City of Palm Springs, County of Riverside, State of California, also identified as Assessor Parcel Number 502-210-023 and generally described as office space consisting of approximately 788 square feet with three (3) parking spaces, as shown on the plot plan attached as Exhibit “B.”
2. Term
. The extended term of this Lease shall commence as of August 1, 2023, and shall terminate on July 31, 2026, unless earlier terminated as provided herein.
Item 3A - Page 16
55575.38175\41605622.3
2 3. Property Management Rental Credit. This paragraph shall hereby be added in the Lease as Paragraph 3.11, as follows:
“Lessee at its sole cost and expense shall provide property management services for the common areas used by all occupants of the Property. The property management services include, but are not limited to, performing repairs and maintenance and program marketing ( including but not limited to, mark eting to minorities, women, and disadvantaged businesses). Lessee shall also collect rent from tenants on the Property , perform repairs and maintenance on the Property, including common areas, promptly and in a good and workmanlike manner , pay for and manage Lessee services such as trash collection, internet, and conduct any collections for outstanding rents and other Property fees, as necessary.
Provided Lessee is not in default under the terms of this Lease beyond any applicable notice and cure periods, Lessee shall be entitled to the Property Management Rental Credit to credit Lessee’s entire Monthly Rental Obligation for the 788 square feet of office space with 3 parking spaces leased to Lessee. Lessor shall terminate such credit after serving written notice of the Lease default to Lessee and Lessee’s failure to cure same within the applicable cure period. Upon such uncured default, Lessor shall give notice of the termination of the Property Management Rental Credit, which termination shall be effective upon the expiration of the default cure period, regardless of the date of Lessor’s notice and Lessee shall commence paying rent of Eight Hundred F ifty-Eight and 92/100 Dollars ($858.92) for the Premises per month, immediately on the first day of each month and each month thereafter in the Term. Rent for any partial month shall be prorated on the basis of a 30 day month.”
4. General Compliance
. Paragraph 4.3 of the Lease is hereby amended in
part to include the following language:
“Lessee, at Lessee's sole cost and expense, shall comply with all laws, rules, orders, ordinances, directions, codes, regulations and requirements of federal, state, county and municipal authorities and the requirements of any board of fir e underwriters, including NFPA standards, or other similar body now or hereafter constituted, pertaining to Lessee's use of the Premises and with the recorded covenants, conditions and restrictions, regardless of when they become effective, including, without limitation, all applicable federal, state and local laws, regulations or ordinances pertaining to air and water quality, energy efficiency, Hazardous Materials (as hereinafter defined), waste disposal, air emissions and other environmental matters, the Americans with Disabilities Act ("ADA") as further provided below, all zoning and other land use matters, and utility availability, and with any direction of any public officer or officers, pursuant to law, which shall impose any duty upon Landlord or Les see with respect to the use, occupancy, alteration or improvement of the Premises. Lessee hereby agrees to indemnify and hold Landlord harmless from and against any liability, claims or damages as a result thereof and against all costs, expenses, fines or other charges, including, without limitation, reasonable attorneys' fees and related costs incurred by Landlord in connection therewith, which indemnity shall survive the expiration or earlier termination of this Lease.”
Item 3A - Page 17
55575.38175\41605622.3
3 5. Assignment and Subletting. Paragraph 9 of the Lease is hereby amended in part to include the following language:
“In the event Lessee requests Landlord to consent to a proposed assignment, subletting, or encumbrance, Lessee shall pay to Landlord, whether or not such consent is ultimately given, a fee of Five Hundred dollars ($500.00) for each request for consent, plus Landlord's reasonable attorneys' fees and costs incurred in connection with each request not to exceed One Thousand Dollars ($1,000.00) provided that Landlord’s standard form of consent is used and Landlord is not required to review any other documents . In the event Lessee is in default under the Lease and the Lease is assigned or subleased to a third party, Lessee shall pay to Lessor one hundred percent (100% ) of any consideration received by Lessee for such assignment.”
6. Entry
. Paragraph 12.2 of the Lease is hereby amended in part to include the following language:
“Landlord and its authorized representatives shall have the right at any reasonable time, upon providing reasonable prior verbal or written notice (which may be text or e-mail) of not less than 24-hours, unless in case of emergency in which case no notice is required, to enter upon the Premises for the purpose of inspecting, serving or posting notices, and making any necessary or appropriate repairs, maintenance, alterations or additions to any portion of the Premises.”
7. Exhibit B – Plot Plan.
Exhibit B of the Lease (the “Plot Plan of Demised
Premises”) shall be replaced with Attachment “1,” attached herein and incorporated by this reference.
8. Inspection by Certified Access Specialist
. Regarding ADA, Lessor discloses
that the Premises have not undergone inspection by a Certified Access Specialist as referenced in California Civil Code Section 1938 subsection (e) of which provides: "A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction- related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or Lessee from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or Lessee, if requested by the lessee or Lessee. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction- related accessibility standards within the premises." In connection with the foregoing Section 1938(e), Lessee acknowledges and agrees that, if Lessee elects to have the Premises inspected by a CASp: (i) it must notify Lessor of the election on or before the date when Lessee executes this Lease; (ii) the inspection will be at Lessee's sole cost and expense; (iii) the inspection must be scheduled through Lessor 's office in coordination with the Shopping Center's property manager; (iv) any repairs or modifications necessary to correct any violation of construction- related accessibility standards that is noted in the Item 3A - Page 18
55575.38175\41605622.3
4 CASp report shall be the responsibility of Lessee; and (v) a copy of the CASp report must be furnished to Lessor upon its completion. By initialing one of the phrases below, the person(s) executing this Lease on behalf of Lessee, represent that:
Lessee does wish to have a CASp inspection of the Premises:
Initials: ______________
OR
Lessee hereby waives its right to have a CASp inspection of the Premises:
Initials: ______________
9. Entire Agreement/Ratification
. Except as modified by this Amendment, all
other terms and conditions contained in the Lease are hereby ratified and affirmed and remain in full force and effect. This Second Amendment, and all provisions of the Lease which are not addressed by this Second Amendment, represent the final and entire agreement between City and Lessee regarding the subject matter hereof and may not be contradicted by evidence of prior, subsequent, or contemporaneous communications or agreements of the Parties. In the event of a conflict between the terms of the Lease and this Second Amendment, the terms of this Second Amendment shall control.
10. Counterparts. This Second Amendment may be executed in one or more counterparts.
[Signatures on following page]
Item 3A - Page 19
55575.38175\41605622.3
5 IN WITNESS WHEREOF, the this Second Amendment is effective as of the date of City Council approval below.
“CITY”
City of Palm Springs
Date:__________________________ By: _______________________________ Scott C. Stiles, ICMA-CM
City Manager
APPROVED AS TO FORM: ATTEST
By: ___________________________ By: _______________________________ Jeff Ballinger, Brenda Pree, MMC, CERA
City Attorney City Clerk
APPROVED BY CITY COUNCIL:
Date: _______ Agreement No. _____
Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.
COMPANY NAME:
_____________________________
Check one ___ Individual ___ Partnership ___
Corporation
_____________________________
Address
__________________________________________
By _______________________________________ By ___________________________________________ Signature (Notarized) Signature (Notarized)
Item 3A - Page 20
55575.38175\41605622.3
6 ATTACHMENT 1
Item 3A - Page 21
.j
- - - -·- ---4------ - - -- - ~ - -- _ _J_ - - - -
55575.38175\41605622.3
4 Item 3A - Page 22
CALIFORNIA ALL-PURPOSE ACKNOWLEDCMENT CIVIL CODE§ 1189
t!o:Stl'StYi:ttiY1't16td6t4'ttS' 6'.'!1'.'1A :❖, P :,>:,>::::»::::tu'tt10tt'tt1:Stl'St¥i:tti'r1't16td6td't6' 6'1AA :❖, P :,>:,>::::»ctu'ttr'.tt10tl1tl'St¥i:ttsr A notary public « other officer CC1f11)1etirg too ceilicate "8rifiee CIVf the identity of the idvicl.131 who a9"'8(1 the document to which this certificste ie anaohed. and not the truthfulne33. 8CCU'SC)', « vaiciry of thst docunent.
State of Caffomia
County of __________ _
On _________ beforeme . __________________ _
Doi• Here Insert Name and Title of the Offio&t'
peraonall y app&ar&d ________________________ _
Nsme(s} of Signo<{s)
who proved to me on the bsais of satisfactory evidence to be the peroon(s) whose name(a) ia/are subscribed to t he withrl W'latrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(18S) . and t ha1 by hi:s/herlthw aignature(a ) on the in3trument the person(a ). or t he entity upon behalf of which the persoo(a) acted . executed the il"l3tn.rnent.
I certify under PENALTY OF PERJURY under be laws
of the State of Cafifomia that t he foregoiog pa-agraph is true and correct.
WITNESS my hand and official seal.
Signahn _____________ _
Signatu re of Notsry Pubf>e
-------------- oPTJONAL--------------1hough this section is oplionsl. completing this infotms.tion can deter alteration of the document or frsuct.Jlent res.ttschment of this form to an unintended doct.Nnent.
Oeacription of Attached Documen t
Trtle « Type of Doctment ____________ Document Date: _______ _ N1.mber of Pages: ___ 84gne,(a) Other Than Named Above : ___________ _ Cop3City{ies) Claimed by Signer(a)
Signer·s Name: .~-~~-------- Corporate Officer - Title(a): _____ _ Signer"sName :~-~~--------0 Corporate Officer - Title(s): _____ _ 0 Partner - 0 Limited O General 0 Partner - 0 Limited O General 0 Individu al O Attomey in Fact 0 Individu al O Attomey in Fact Trustee Guardian or Conservato r Trustee Guardian oreonserwrt or O Oth&r. ___________ _ D Other: ____________ _ Signer ts Representiog : _______ _ Signer Is Repreael'lmg : _______ _ .c:o.o.-.-<.ot,0(,0(, C C C C 0.,0.,C. ueco.o.-.-<.ot.ot.ot. c c c 0.,0.,C. uecuo.-.-<.< C2014 National Notarv Association· www.Nstiona'.Notarv.Ot'Q • 1-800--US NOTARY f1-800-876-6827t Hem #5907
CITY COUNCIL STAFF REPORT
09/14/2023
SUBJECT:
SECOND READING AND ADOPTION OF ORDINANCE NO. 2077 OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.89 TO THE PALM SPRINGS
MUNICIPAL CODE RELATING TO SIDEWALK VENDING AND AMENDING CHAPTER 5.48 RELATIVE TO COMMERCIAL SOLICITATION
RECOMMENDATION:
Waive the second reading of text in its entirety, ready by title only, and adopt Ordinance No. 2077, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.89 TO THE PALM SPRINGS
MUNICIPAL CODE, ESTABLISHING REGULATIONS ON SIDEWALK VENDING IN COMPLIANCE WITH SENATE BILL 946, AND AN AMENDMENT TO CHAPTER 5.48 RELATIVE TO COMMERCIAL SOLICITATION.”
Attachments
Item 3B
CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 14, 2023 BUSINESS & LEGISLATIVE
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2077 OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.89 TO
THE PALM SPRINGS MUNICIPAL CODE RELATING TO SIDEWALK
VENDING AND AMENDING CHAPTER 5.48 RELATIVE TO
COMMERCIAL SOLICITATION
FROM: Scott C. Stiles, City Manager
BY: Flinn Fagg, Deputy City Manager
SUMMARY:
This is the second reading of an ordinance to add Chapter 5.89 to the Palm Springs municipal code relating to sidewalk vending and amending Chapter 5.48 relating to commercial solicitation. The City Council approved the proposed ordinance at first reading on June 5, 2023, with minor revisions.
RECOMMENDATION:
Waive the second reading of text in its entirety, ready by title only, and adopt Ordinance No. 2077, “ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.89 TO THE PALM SPRINGS
MUNICIPAL CODE, ESTABLISHING REGULATIONS ON SIDEWALK VENDING IN COMPLIANCE WITH SENATE BILL 946; AND AN AMENDMENT TO CHAPTER 5.48 RELATIVE TO COMMERCIAL SOLICITATION.”
STAFF ANALYSIS:
On June 5, 2023, Ordinance No. 2077 was introduced for first reading as noted below:
ACTION: Waive reading of the text in its entirety, read by title only and introduce for first reading Ordinance No. 2077, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.89 TO
THE PALM SPRINGS MUNICIPAL CODE, ESTABLISHING REGULATIONS ON SIDEWALK VENDING IN COMPLIANCE WITH SENATE BILL 946; AND AN AMENDMENT TO CHAPTER 5.48 RELATIVE TO COMMERCIAL
SOLICITATION.”
Item 3B - Page 1
City Council Staff Report
September 14, 2023 -- Page 2
Sidewalk Vending Ordinance
AYES: Councilmembers Holstege, Mayor Pro Tem Bernstein, Mayor Garner NOES: Councilmembers deHarte and Middleton
ABSENT: None
The City Council voted to introduce Ordinance No. 2077, subject to the following minor revisions:
• Sections 5.89.030(A)(7), 5.89.050(B)(2), and 5.89.060(B)(3) w ere amended to clarify that a 48-inch unobstructed
accessible route is required.
• Sections 5.89.050(B)(22) and 5.89.070(A)(11) w ere amended to limit the prohibition of sidewalk vending in defined areas of Palm Canyon Drive and Arenas Road from Friday through Sunday between the hours of 4:00pm to 11:00pm during the months of October to April.
• Sections 5.89.050(B)(18), 5.89.060(B)(15) and 5.89.070(A)(9) w ere amended to establish a 200-foot separation distance from farmers markets, swap meets, and temporary special events.
• Section 5.89. 110 was amended to decrease fines by 50% for violations of the ordinance, and to decrease the fine for f irst-time violations of operating without a business license.
• Sections 5.89.050(B)(8), 5.89.060(B)(8), and 5.89.070(A)(5) were amended to clarify that a 10’ separation distance is required from building entrances , building windows, private driveways, or parking spaces.
• Section 5.89.060(B)(3) was amended to vendors to be in grassed areas of public parks, but not on athletic field areas.
• Minor corrections have been made to references to Department of Environmental Health regulations.
• Language in the ordinance has been amended to eliminate gender -specific references.
The attached ordinance has been amended to include these revisions as directed by the City Council.
Staff is in the process of producing educational materials for vendors with application instructions and operational standards . T he Code Compliance Division will hold workshops for vendors to explain the regulations and permitting process , as well as providing assistance in obtaining the necessary permits and licenses.
Staff will come forward at a later date with recommendations for the creation of sidewalk vending zones.
This report provides for the City Council to waive further reading and adopt the ordinance.
The ordinance shall be effective 30 days from adoption, or as may be otherwise implemented by direction of the City Council. Upon adoption at second reading, staff will provide letters to noncompliant vendors advising of the effective date of the ordinance Item 3B - Page 2
City Council Staff Report
September 14, 2023 -- Page 3
Sidewalk Vending Ordinance
and offering assistance in obtaining the necessary permits for operation. Vendors will have until the effective date of the ordinance (30 days) to become compliant.
REVIEWED BY:
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. Ordinance No. 2077 (redline version)
B. Ordinance No. 2077 (clean)
Item 3B - Page 3
ATTACHMENT A
Item 3B - Page 4
ORDINANCE NO. 2077
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.89
TO THE PALM SPRINGS MUNICIPAL CODE,
ESTABLISHING REGULATIONS ON SIDEWALK VENDING
IN COMPLIANCE WITH SENATE BILL 946; AND AN
AMENDMENT TO CHAPTER 5.48 RELATIVE TO
COMMERCIAL SOLICITATION.
City Attorney’s Summary
The proposed ordinance adopts licensing and operational standards for sidewalk vendors pursuant to Senate Bill 946.
In addition, amendments to the City’s Mobile Food Vending Vehicle (food truck) ordinance are proposed to provide parity with the sidewalk vending regulations and encourage food truck businesses.
A. The City of Palm Springs, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and
B. Pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens, including sidewalk vending, as long as these are consistent with SB 946; and
C. In 2018, the California Legislature passed SB 946 which prohibits cities from regulating sidewalk vendors, except in accordance with the provisions of SB 946; and
D. SB 946 states that it applies to both charter and general law cities; and
E. SB 946 authorizes the implementation of regulations that are directly related to objective health, safety, or welfare concerns, and that do not restrict sidewalk vendors to operate only in a designated neighborhood or area, except as specified; and
F. The permit requirements proposed are consistent with SB 946, as they are reasonable, related to objective health, safety, and welfare concerns, and are based upon compliance with other generally applicable laws including the Americans with Disabilities Act; and
G. The standards imposed on stationary sidewalk vendors requiring a minimum path of accessible travel are necessary to comply with the Americans with Disabilities Act and maintain minimum safe access along public sidewalks; and
H. Standards for maintaining access to building entrances, and not blocking driveways, fire hydrants, parking areas and building storefront windows are necessary to Item 3B - Page 5
guard the health and safety of patrons, drivers, vendors and existing business owners and promote fire suppression and law enforcement practices that allow the City’s safety personnel to observe activities within buildings and maintain access; and
I. The City Council finds and determines that the installation, repair, maintenance, and removal of encroachments in the public way must be regulated in order to protect the public health, safety, and welfare and to provide for the orderly administration and maintenance of the public access ways for the benefit of the community, while at the same time allowing reasonable accommodation and cooperative flexibility for providing necessary utility and other convenience services to the community; and
J. The City Council finds that public and private persons who maintain and/or install encroachments in the public way bear a responsibility to help preserve the public way and to contribute to the administrative and liability costs incurred by the community and caused by such encroachments; and
K. The City Council finds that, unless properly regulated, sidewalk vending poses a unique risk to the health, safety, and welfare of the public, including, but not limited to, impacts to traffic, pedestrian safety, mobility, unsanitary conditions involving food preparation, and consumer protection; and
L. The inherent nature of sidewalk vending and the ability of such vendors to be located on private property and public streets and move quickly from place to place in the community warrants imposing certain regulatory measures to protect the health, safety, and welfare of the community; and
M. SB 946 continues to authorize cities to prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmer’s market and a permitted swap meet, as specified, and to restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by a city; and
N. The City Council finds that, unless properly regulated, sidewalk vending in public parks may infringe on the use and enjoyment of the park, and regulations are necessary to prevent an undue concentration of commercial activity that interferes with the scenic and natural character of the park; and
O. Fraud or misrepresentation in the course of vending constitutes an objective harm to the health, safety, and welfare of the City’s residents; and
P. Fraud or misrepresentation in the application for the permit constitutes an objective harm to health, safety, and welfare of the City’s residents; and
Q. Vending in a manner that creates a public nuisance or constitutes a danger to the public constitutes an objective harm to the health, safety, and welfare of the City’s Item 3B - Page 6
residents; and
R. The City Council finds it necessary to prohibit sidewalk vendors during designated times of day on certain portions of Palm Canyon and Arenas when there is heavy pedestrian traffic such that it poses health and safety risks to pedestrians as it can block sidewalks, can force some pedestrians to walk on the street, and can block views of drivers of vehicles turning onto or from those streets; and
S. The permit requirements for sidewalk vendors are compliant with Senate Bill 972, which became effective January 1, 2023, which exempts certain kinds of sidewalk vendors from needing a county permit before selling prepackaged non- potentially hazardous food.
T. The City Council desires to regulate sidewalk vending in a way that encourages entrepreneurship and the creation and operation of small businesses.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1
. That the findings and determinations reflected above are true and correct and are incorporated by this reference herein as the cause and foundation for the action taken by the and through this Ordinance.
SECTION 2. Chapter 5.89 is hereby added to the Palm Springs Municipal Code to read as follows:
“Chapter 5.89 SIDEWALK VENDING.
Section 5.89.010 Purpose.
The City finds that the vending of prepared or pre- packaged foods, goods, and/or wares at semi -permanent locations on public sidewalks and rights -of-way may pose unsafe conditions and special dangers to the public health, safety, and welfare of residents a nd visitors. The purpose of this Chapter is to implement regulations on both roaming and stationary sidewalk vending that protect the public health, safety, and welfare of the community while complying with the requirements of general state law, as amended from time to time, to promote safe vending practices, prevent safety, traffic, and health hazards, and preserve the public peace, safety, and welfare of the community.
Section 5.89.020 Definitions.
For purposes of this Chapter, the following definitions apply:
A. “Certified Farmers Market” means a location operated in accordance with Chapter
10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.
Item 3B - Page 7
B. “City” means the City of Palm Springs.
C. “Park” means a public park owned by the City.
D. “Roaming sidewalk vendor or vending” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
E. “Sidewalk vendor or vending” means a person who sells, offers to sell, operates, engages in, or carries on a food or merchandise vending business from a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other public pedestrian path. “Sidewalk vendor or vending” does not mean a “solicitor,” as that term is defined in PSMC Section 5.48.010. “Sidewalk vendor or vending” does not include a vendor on private property; such vendors are regulated by Palm Springs Zoning Code Section 94.02.01, which requires a land use permit for such use.
F. “Stationary sidewalk vendor or vending” means a sidewalk vendor who vends from a fixed location.
G. “Swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.
H. “Temporary Special Event” means an event that is permitted pursuant to Palm Springs Zoning Code Section 94.02.01, or as otherwise permitted and authorized by the City.
Section 5.89.030 Permits Required.
A. Each sidewalk vendors shall obtain a business license from the City prior to engaging in any sidewalk vending activities. Each sidewalk vendor shall obtain a separate business license for each location within the City where the vendor will be vending. The following information shall be required:
1. Name, current mailing address, and phone number of the vendor.
2. If the vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.
3. A description of the merchandise/goods to be offered for sale or exchange, and the days/hours of sales.
4. A copy of the California seller’s permit with the sales tax number issued by the California Department of Tax and Fee Administration to the vendor.
Item 3B - Page 8
5. A copy of the valid California Driver’s license issued to the vendor, a copy of the individual taxpayer identification number issued to the vendor or a municipal identification number. Any such identification number(s) or license(s) collected shall not be available to the public for inspection and shall remain confidential and not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order.
6. If preparing or selling food, a copy of the County Health Department permit issued to the vendor, except when the sidewalk vendor consists solely of twenty-five (25) square feet or less of display area from which only prepackaged non- potentially hazardous food and whole uncooked uncut
produce will be sold. If potentially hazardous food or cooked cut produce will be sold or the food or the display area is greater than twenty -five (25) square feet, the vendor must provide a copy of the County Health Department permit issued to the vendor.
7. If the vendor proposes to be a sidewalk vendor, a description or site plan map of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum of forty-eight inches (48”) of unobstructed
accessible route area, in compliance with the Americans with Disabilities Act.
8. A copy of general liability policy naming the City as additional insured in the amount of $1,000,000 per occurrence and $2,000,000 combined.
9. A certification by the vendor that to his or her knowledge and belief, the information contained in the application is true.
B. At the time the application or renewal application is filed, the application shall pay the permit processing fee established, and amended from time to time, by separate resolution of the City Council.
Section 5.89.040 Review of Permit Application; Decision.
A. Upon acceptance of a properly completed and filed sidewalk vendor permit application, the City Manager or designee shall conduct a preliminary investigation to determine compliance with this Chapter and shall make such determination within no more than thirty (30) days of acceptance to approve or deny the application. The City Manager or designee shall provide the applicant with written notice of his or her their
decision to the address indicated in the application.
B. The City Manager or designee may deny an application for a permit if he or she they make any of the following findings:
1. The applicant has failed to pay the application permit fee.
Item 3B - Page 9
2. The applicant has made one or more material misstatements in the application for a permit.
3. The applicant does not have a valid California Driver’s license; or valid individual taxpayer identification number; or a municipal identification number.
4. The applicant's vending operation, as described in the application, is inconsistent with the standards, conditions, and requirements of this Chapter.
5. It is determined that the applicant does not possess all federal, state, and local permits and licenses necessary to engage in the activity in which he
or she they seek to engage.
C. If the application is denied, the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his or her their application is
denied and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form.
D. If the City Manager or designee approves the applicant's permit, he or she they shall endorse his or her their approval on the application and shall, upon payment of the prescribed fee, deliver the permit to the applicant.
E. Exemptions. A sidewalk vending permit shall not be required for the following activities:
1. The sale of agriculture products on the site where the product is grown.
2. Catering for private parties held exclusively on private property and not open to the general public.
3. Events permitted pursuant to a lawfully issued temporary event permit including but not limited to a Certified Farmers Market, Swap Meet, street fairs, outdoor concerts, sport league opening day, and business sidewalk sales.
4. First Amendment protected vending.
F. Term of permit. A business license issued pursuant to this Chapter shall automatically expire one (1) year from the date issued, unless an earlier expiration date is noted on the permit.
G. Transferability. A sidewalk vending permit shall not be transferable to any other entity or person and is valid only as to the original applicant for the term stated.
Item 3B - Page 10
Section 5.89.050 Stationary Sidewalk Vending Locations and Standards.
A. Stationary sidewalk vendors shall be prohibited from operating or establishing in any residential zone of the City, including the G -R-5, R-1, R-G-A, R-2, R-3, R-4, R-4-VP, and R-MHP zones.
B. Stationary sidewalk vendors may operate in non- residential zones of the City, including mixed use zones, provided they meet the following:
1. The sidewalk vendor is duly licensed and meets all requirements of section
5.89.030; and
2. The sidewalk vendor can set up their vending operation while still leaving a minimum of forty-eight inches (48”) of unobstructed
accessible path of
travel, without obstruction, along the public sidewalk or public pathway; and
3. If the sidewalk vendor is selling food, the sidewalk vendor shall display a valid Health Permit issued by the County in a conspicuous location, except when the sidewalk vendor consists solely of twenty-five (25) square feet or less of display area from which only prepackaged non-potentially hazardous food and whole uncooked uncut
produce will be sold. If potentially
hazardous food or cooked cut produce will be sold or the food display area is greater than twenty-five (25) square feet, the vendor must display a valid Health Permit issued by the County in a visible location; and
4. Any sidewalk vendor food cart shall possess a current County decal sticker posted on the food cart, except when the sidewalk vendor consists solely of twenty-five (25) square feet or less of display area from which only prepackaged non- potentially hazardous food and whole
uncooked uncut
produce will be sold. If potentially hazardous food or cooked cut produce will be sold or the food display area is greater than twenty -five (25) square feet, the vendor must post on the food cart a current decal sticker; and
5. If the sidewalk vendor is selling food, all employees shall possess a current food handler’s card, issued by the County; and
6. Sidewalk vending hours shall be conducted only between the hours of one- half hour before sunrise and 3:00 AM of every day; and
7. The sidewalk vendor must maintain the vending area in a clean, orderly, and sanitary condition
, including upon departure of the vending area after
its use; and
8. The sidewalk vendor location does not block entrances to private buildings, private driveways, parking spaces or building windows by being located Item 3B - Page 11
within the immediate vicinity of such places No vending shall occur within ten (10) feet of any entrance or exit of any building, or any driveway, parking space or building window; and
9. No vending shall occur within ten (10) feet of a fire hydrant, fire escape, bus stop, loading zone, handicapped parking space or access ramp, bike rack, public bench, fire station driveway, or police station driveway; and
10. No dining tables, chairs, fences, or other site furniture shall be permitted in conjunction with the vendors vending activities. Sidewalk vendors may have one umbrella or tent structure, not to exceed one hundred (100) square feet in area; the umbrella or tent structure shall not encroach into the accessible path of travel or onto private property; and
11. During operations, no food shall be stored, displayed, or served from any place other than the approved food cart. The use of side units, coolers, benches, or tables for food preparation, storage or display is prohibited; and
12. Vendors selling food potentially hazardous food products shall provide a refuse container for customers within twenty (20) feet of the food cart; and
13. The vendor may have a maximum of one (1) sign not to exceed eight (8) square feet in area, or two (2) signs not to exceed four (4) square feet in area each. The signage must be affixed to the cart, showcase, rack, umbrella, or tent structure, and shall not be freestanding; and
14. The vendor shall not attach or use any water lines, electrical or telecommunication lines, or gas lines during vending operations; and
15. Any lighting associated with the vending operation shall be downward directed and shall comply with the outdoor lighting requirements listed in Section Palm Springs Zoning Code Section 93.21.00; and
16. Exterior storage or display of refuse, equipment, materials, goods, wares, or merchandise associated with the vendor is prohibited; and
17. Vendors utilizing sound amplifying devices or musical instruments shall be subject to the requirements of Section 11.74.043(f) of the Palm Springs Municipal Code; and
18. No vending shall occur within five hundred (500) two hundred (200) feet of
a Certified Farmers Market, a Swap Meet, or an event held pursuant to a Temporary Event Permit; and
19. The sidewalk vendor shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into the City streets, storm drains, catch basins, or sewer Item 3B - Page 12
facilities. Any discharge shall be contained and properly disposed of by the sidewalk vendor; and
20. Due to issues of traffic visibility, no vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of thirty (30) feet from the intersection of such lines at the corner of a street or highway; and
21. Sidewalk vendors shall comply with all applicable fire code requirements in the use of an open flame or charcoal in the preparation of food products.
Any smoke or odors produced through the preparation of food products shall be subject to the regulations contained in Palm Springs Municipal Code Section 6.08.020; and
22. Due to increased pedestrian and vehicular traffic during these times, no vending shall occur from Friday through Sunday
during the hours of 4:00
PM to 11:00 PM from October 1 st through April 30 th on Palm Canyon between Baristo Road to the south and Alejo Road to the north or on Arenas between Indian Canyon Drive to the west and Calle Encilia to the east; and
23. Sidewalk vendors and any employees and agents must comply with all applicable federal and state labor laws and regulations; and
24. This Chapter shall not be construed to prevent sidewalk vendors from entering into partnerships or other arrangements with restaurants to use those restaurants’ kitchens or restroom facilities, or both, so long as suc h restaurant facilities remain compliant with applicable laws and regulations, including, but not limited to, Riverside County Environmental Health laws and regulations.
25. Sidewalk vendors shall use Reusable Food Service Ware and Reusable Food Service Ware Accessories in accordance with Palm Springs Municipal Code Chapter 5.87.
Section 5.89.060 Sidewalk Vending in Parks, Certified Farmers Markets.
A. Sidewalk vending of food or merchandise by stationary vendors shall be prohibited in any City Park with a concession stand operated by a vendor under exclusive contract with the City selling similar food or merchandise or in an area occupied by a Certified Farmers Market.
B. Sidewalk vendors may operate in City Parks provided they meet the following:
Item 3B - Page 13
1. The sidewalk vendor is duly licensed and meets all requirements of section
5.89.030; and
2. Sidewalk vending shall not be permitted within any public park that is less than two (2) acres in area unless otherwise permitted by the City Council; and
3. For stationary sidewalk vending, the sidewalk vendor can set up their vending operation while still leaving a minimum of forty-eight inches (48”) of unobstructed
accessible path of travel, without obstruction, along the public sidewalk or public pathway. Stationary sidewalk vendors may also set up their vending operation in the grassed areas of public parks provided such area is not utilized as an athletic field; and
4. The sidewalk vendor shall cease operations one (1) hour prior to the close of the park
but may still be present in the park until the time of park closure in order to pack up their things and/or enjoy the park; and
5. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition
, including upon departure of the vending area after its use; and
6. If the sidewalk vendor is selling food, the sidewalk vendor shall display a valid Health Permit issued by the County in a conspicuous location, except when the sidewalk vendor consists solely of twenty-five (25) square feet or less of display area from which only prepackaged non-potentially hazardous food and whole uncooked uncut
produce will be sold. If potentially
hazardous food or cooked cut produce will be sold or the food or the display area is greater than twenty-five (25) square feet, the vendor must display a valid Health Permit issued by the County in a conspicuous location; and
7. Any sidewalk vendor food cart shall possess a current County decal sticker posted on the food cart, except when the sidewalk vendor consists solely of twenty-five (25) square feet or less of display area from which only prepackaged non- potentially hazardous food and whole
uncooked uncut
produce will be sold. If potentially hazardous food or cooked cut produce will be sold or the food display area is greater than twenty -five (25) square feet, the vendor must post on the food cart a current decal sticker; and
8. The sidewalk vendor location does not block entrances to private buildings, private driveways, parking spaces or building windows by being located within the immediate vicinity of such places No vending shall occur within ten (10) feet of any entrance or exit of any building, or any driveway, parking space or building window; and
9. No dining tables, chairs, fences, or other site furniture shall be permitted in Item 3B - Page 14
conjunction with the vendors vending activities. Sidewalk vendors may have one umbrella or tent structure, not to exceed one hundred (100) square feet in area; the umbrella or shade structure shall not encroach into the accessible path of travel; and
10. During operations, no food shall be stored, displayed, or served from any place other than the approved food cart. The use of side units, coolers, benches, or tables for food preparation, storage or display is prohibited; and
11. Vendors selling food potentially hazardous food products shall provide a refuse container for customers within twenty (20) feet of the food cart; and
12. Vendors utilizing sound amplifying devices or musical instr uments shall be subject to the requirements of Section 11.74.043(f) of the Palm Springs Municipal Code; and
13. The vendor may have a maximum of one (1) sign not to exceed eight (8) square feet in area, or two (2) signs not to exceed four (4) square feet in area each. The signage must be affixed to the cart, showcase, rack, umbrella, or tent structure, and shall not be freestanding; and
14. Any lighting associated with the vending operation shall be downward directed and shall comply with the outdoor lighting requirements listed in Palm Springs Zoning Code Section 93.21.00.
15. No vending shall occur within the five-hundred feet (500’) two hundred feet
(200’) of an event held pursuant to a Temporary Event Permit, a Swap Meet, or an event held pursuant to a Temporary Event Permit; and
16. The sidewalk vendor shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into City streets, storm drains, catch basins, or sewer facilities.
All discharges shall be contained and properly disposed of by the sidewalk vendor; and
17. Due to issues of traffic visibility, no vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, m aking an angle of forty-five (45) degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of thirty (30) feet from the intersection of such lines at the corner of a street or highway.
18. Sidewalk vendors and any employees and agents must comply with all applicable federal and state labor laws and regulations.
19. Sidewalk vendors shall use Reusable Food Service Ware and Reusable Item 3B - Page 15
Food Service Ware Accessories in accordance with Palm Springs Municipal Code Chapter 5.87.
Section 5.89.070 Roaming Sidewalk Vending.
A. Roaming sidewalk vendors shall meet the following:
1. The sidewalk vendor is duly licensed and meets all requirements of section
5.89.030; and
2. Sidewalk vending hours for residential zones shall be conducted between the hours of one -half hour before sunrise and one- half hour after sunset; and
3. Sidewalk vending hours for non- residential zones shall be conducted only between the hours of one-half hour before sunrise and 3:00 AM of every day; and
4. The sidewalk vendor maintains their temporary vending area in a clean, orderly, and sanitary condition
, including upon departure of the vending
area after its use; and
5. The sidewalk vendor location does not block entrances to private buildings, private driveways, parking spaces or building windows by being located within the immediate vicinity of such places No vending shall occur within ten (10) feet of any entrance or exit of any building, or any driveway, parking space or building window; and
6. 7. The vendor may have a maximum of one (1) sign not to exceed eight (8) square feet in area; and
8. Vendors utilizing sound amplifying devices or musical instruments shall be subject to the requirements of Section 11.74.043(f) of the Palm Springs Municipal Code; and
9. No vending shall occur within five hundred (500) feet two hundred (200) feet
of a Certified Farmers Market, a Swap Meet, or an event held pursuant to a Temporary Event Permit; and
10. Due to issues of traffic visibility, no vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of thirty (30) feet from the Item 3B - Page 16
intersection of such lines at the corner of a street or highway; and
11. Due to increased pedestrian and vehicular traffic during these times, no vending shall occur from Friday through Sunday during the hours of 4:00 PM to 11:00 PM from October 1 st through April 30 th on Palm Canyon between Baristo Road to the south and Alejo Road to the north or on Arenas between Indian Canyon Drive to the west and Calle Encilia to the east; and
12. Sidewalk vendors and any employees and agents must comply with all applicable federal and state labor laws and regulations.
Section 5.89.080 Sidewalk Vending Zones.
The City Council may establish sidewalk vending zones by resolution to encourage sidewalk vending activity in areas where impacts to public health, safety and welfare are minimized. In establishing sidewalk vending zones, the City Council may waive certain operational standards of this Chapter, including hours of operation, shade structure limitations, site furniture limitatio ns, and other similar standards provided such waivers are identified in the adopting resolution.
Section 5.89.090 Suspension; Rescission.
A. A sidewalk vendor permit issued under this Chapter may be suspended or rescinded by the City Manager or designee after two or more violations of this Chapter in accordance with Section 5.89.100 of this Chapter, at their discretion, for any of the following causes:
1. Fraud or misrepresentation in the course of vending;
2. Fraud or misrepresentation in the application for the permit;
3. Vending in a manner that creates a public nuisance or constitutes a danger to the public.
B. Notice of the suspension or rescission of a sidewalk vendor permit issued under this Chapter shall be mailed, postage prepaid, to the holder of the sidewalk vendor permit at his or her last known address.
C. No person whose street vending permit has been revoked pursuant to this chapter shall be issued a street vending permit for a period of two (2) years from the date revocation becomes final.
Section 5.89.100 Appeals.
In the event that any applicant or permittee desires to appeal from any order, rescission, or other ruling of the City Manager or designee made under the provisions of this Chapter, Item 3B - Page 17
such applicant or any other person aggrieved shall have the right to appeal such action or decision pursuant to PSMC Section 3.68.010.
Section 5.89.110 Penalties.
A. It is unlawful for any person to violate any provision or fail to comply with any requirements of this Chapter. A violation of this Chapter shall by punished by:
1. An administrative fine not exceeding $100 $50
for a first violation.
2. An administrative fine not exceeding $200 $100 for a second violation within one (1) year of the first violation.
3. An administrative fine not exceeding $500 $250 for each additional violation within one (1) year of the first violation.
B. A violation of vending without a sidewalk vending permit, may, in lieu of the penalties set forth in subsection (A), set forth above, be punished by:
1. An administrative fine not exceeding two hundred fifty ($250) one-hundred
twenty five ($125) dollars for a first violation.
2. An administrative fine not exceeding five hundred dollars ($500) for a second violation within one (1) year of the first violation.
3. An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one (1) year of the first violation.
C. If an individual is subject to subsection (B), set forth above, for vending without a sidewalk vending permit, upon the individual providing proof of a valid permit issued by the City, the administrative fines set forth in this Chapter shall be reduced to the administrative fines set forth in subsection (A), respectively.
D. The proceeds of any administrative fines assessed pursuant to this Chapter shall be deposited in the treasury of the City.
E. Failure to pay an administrative fine assessed under this Chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in this Chapter shall not be assessed.
F. Any violation of this Chapter shall not be punishable as an infraction or misdemeanor, and any person alleged to have violated any provisions of this Chapter shall not be subject to arrest except when otherwise permitted under law.
G. When assessing an administrative fine pursuant to this Chapter, the adjudicator Item 3B - Page 18
shall take into consideration the person’s ability to pay the fine. The City shall provide the person with notice of his or her right to request an ability -to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability -to- pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
1. If the person meets the criteria described in subdivision (a) or (b) of Government Code section 68632, the City shall accept, in full satisfaction, twenty (20) percent of the administrative fine imposed pursuant to this Chapter.
2. The City may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.
H. A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under SB 946 had SB 946 been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case.
I. Nothing contained in this Chapter shall be construed to impede the City’s or County’s ability to enforce County Health Department codes and regulations. In addition, nothing contained in this Chapter shall be construed as limiting the application of any other federal, state or local laws, including, without limitation, laws regulating the display or sale of “harmful matter” pursuant to California Penal Code sections 313 et seq., or the sale of counterfeit goods pursuant to Calif ornia Penal Code 350.”
SECTION 3
. Section 5.48.010 of the Palm Springs Municipal Code is hereby amended to rescind and replace the definition of “Solicitor” as follows:
““Solicitor” means any person, whether a resident of the city or not, engaged in solicitation. The term “solicitor” does not include any person carrying, conveying, delivering, or transporting dairy products, newspapers or other goods to regular customers on established routes or to the premises of any person who had previously ordered such products or goods and is entitled to receive the same, nor does it include a “sidewalk vendor or vending,” as that term is defined in PSMC Section 5.89.020.”
SECTION 4
. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not Item 3B - Page 19
affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Palm Springs hereby declares that i t would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 5
. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment [14 Cal. Code Regs. § 15378(a)]. Further, this Ordinance is exempt from CEQA as there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment [14 Cal. Code Regs. § 15061(b)(3)].
SECTION 6
. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS _____ DAY OF ______________, _________.
GRACE ELENA GARNER
MAYOR
ATTEST:
BRENDA PREE, MMC
CITY CLERK
Item 3B - Page 20
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on _________ and adopted at a regular meeting of the City Council held on __________ by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE, MMC
CITY CLERK
Item 3B - Page 21
ATTACHMENT B
Item 3B - Page 22
ORDINANCE NO. 2077
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.89
TO THE PALM SPRINGS MUNICIPAL CODE,
ESTABLISHING REGULATIONS ON SIDEWALK VENDING
IN COMPLIANCE WITH SENATE BILL 946; AND AN
AMENDMENT TO CHAPTER 5.48 RELATIVE TO
COMMERCIAL SOLICITATION.
City Attorney’s Summary
The proposed ordinance adopts licensing and operational standards for sidewalk vendors pursuant to Senate Bill 946.
In addition, amendments to the City’s Mobile Food Vending Vehicle (food truck) ordinance are proposed to provide parity with the sidewalk vending regulations and encourage food truck businesses.
A. The City of Palm Springs, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and
B. Pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens, including sidewalk vending, as long as these are consistent with SB 946; and
C. In 2018, the California Legislature passed SB 946 which prohibits cities from regulating sidewalk vendors, except in accordance with the provisions of SB 946; and
D. SB 946 states that it applies to both charter and general law cities; and
E. SB 946 authorizes the implementation of regulations that are directly related to objective health, safety, or welfare concerns, and that do not restrict sidewalk vendors to operate only in a designated neighborhood or area, except as specified; and
F. The permit requirements proposed are consistent with SB 946, as they are reasonable, related to objective health, safety, and welfare concerns, and are based upon compliance with other generally applicable laws including the Americans with Disabilities Act; and
G. The standards imposed on stationary sidewalk vendors requiring a minimum path of accessible travel are necessary to comply with the Americans with Disabilities Act and maintain minimum safe access along public sidewalks; and
H. Standards for maintaining access to building entrances, and not blocking driveways, fire hydrants, parking areas and building storefront windows are necessary to Item 3B - Page 23
Ordinance No. 2077