Agenda packet — Palm Springs City Council, December 14, 2023 (part 8 of 9)

Item 2A - Page 13

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PUBLIC UTILITY EASEMENT
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PALM SPRINGS, CA 92264 R 22-4-2230
Item 2A - Page 14
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SHEET NO. 1 OF 1

CITY COUNCIL STAFF REPORT
12/14/2023 PUBLIC HEARING
SUBJECT:

COUNCIL CALL-UP OF AN APPLICATION BY KAIDENCE GROUP, LLC

COMPRISED OF A DEVELOPMENT PERMIT, A VARIANCE AND CONDITIONAL

USE PERMIT FOR A PROPOSED DRIVE-THROUGH COFFEE SHOP ON A

0.46-ACRE PARCEL LOCATED AT 2466 NORTH PALM CANYON DRIVE, (APN 504-250-031) ZONE: PD 113, GENERAL PLAN: MIXED-USE (CASES DP-2023-0018, CUP-2023-0020, VAR-2023-0007)
RECOMMENDATION:

1. Open the public hearing and receive testimony.

Close the public hearing and provide direction to staff as appropriate based on the City Council’s own findings on the applications related to this case for staff to bring the resolution back at the first meeting in January, 2024

2. Attachments
Item 2B

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 14, 2023 PUBLIC HEARING
SUBJECT: COUNCIL CALL-UP OF AN APPLICATION BY KAIDENCE GROUP, LLC

COMPRISED OF A DEVELOPMENT PERMIT, A VARIANCE AND

CONDITIONAL USE PERMIT FOR A PROPOSED DRIVE-THROUGH
COFFEE SHOP ON A 0.46-ACRE PARCEL LOCATED AT 2466 NORTH PALM CANYON DRIVE, (APN 504-250-031) ZONE: PD 113, GENERAL PLAN: MIXED-USE (CASES DP-2023-0018, CUP-2023-0020, VAR-2023- 0007)
FROM: Scott C. Stiles, City Manager
BY: Department of Planning Services
SUMMARY:

The proposed project is a coffee shop to be branded as a Starbucks with drive-through service only. No walk-up service or on-site seating / dining is proposed.

On October 25, 2023, the Planning Commission considered the proposed project at a noticed public hearing and voted 3-2 (Weremuik, Rotman opposed) to approve the project and recommended approval by the Architectural Review Committee (“ARC”) subject to conditions.

On November 6, 2023, the ARC considered the project and recommendation of the Planning Commission and voted to approve the project subject to conditions.

On November 7, 2023, the project was called up for de novo consideration by the City Council pursuant to Municipal Code Section 2.06.030.

RECOMMENDATION:

1. Open the public hearing and receive testimony.

2. Close the public hearing and provide direction to staff as appropriate based on the City Council’s own findings on the applications related to this case for staff to bring the resolution back at the first meeting in January, 2024.

Item 2B - Page 1
City Council Staff Report
December 14, 2023 -- Page 2
Proposed Drive-Through Coffee Shop at 2466 N. Palm Canyon Drive

COUNCILMEMBER REVIEW OF DECISIONS
Pursuant to Municipal Code Section 2.06.030, any member of the City Council may initiate a review of any decision or action of a council-appointed commission or board. In doing so, the action of the board or commission shall be set aside, and the City Council shall conduct a public hearing de novo1 on the case. The City Council shall render its decision within fifteen (15) days following the conclusion of the hearing2 The project included a Development Permit (“DP”) for approval of the site plan, a Major Architectural Application, (“AR”) for the approval of the architecture and landscape plan, a Conditional Use Permit (“CUP”) for approval of the proposed drive-through use and a Variance Application (“VAR”) for approval of a building in the underlying C-1 zone less than 2,000 square feet in area.

BACKGROUND:

Related Relevant City Actions
November 6, 2023 Architectural Review Committee approved the project with conditions.

October 25, 2023 Planning Commission approved the project 3-2 with conditions.

September 8, 2022 Staff processed Pre-submittal 22-037 for the subject project. 2007
City Council approved Case 5.1113 (PD 329, “The Art Colony”), a planned development district overlay for a mixed-use
development on approximately 15 acres which encompassed this corner parcel.
1980
City Council approved Case 5.0127 (PD 113), a planned
development district in lieu of a change of zone, for development of an approximately 6-acre neighborhood shopping center which encompassed this corner parcel.

STAFF ANALYSIS:

In considering the project, the City Council must make affirmative findings for each of the respective application types noted above. The staff analysis, findings and recommendations for each application that were the basis of the Planning Commission’s decision and approvals are provided in the attached Planning Commission staff report for the Council’s consideration in making its own findings and decisions about the case.

During the Planning Commission’s discussion, members questioned the drive-thru only nature of the proposed development and asked the applicant if they considered locating 1 When a review body hears a case “de novo”, (i.e., from the beginning) it is deciding the issues without reference to any legal conclusion, decision or assumption made by the previous commission or body. 2 Upon finding good cause to do so, the City Council may extend the time for rendering a decision up to ninety (90) days.

Item 2B - Page 2
City Council Staff Report
December 14, 2023 -- Page 3
Proposed Drive-Through Coffee Shop at 2466 N. Palm Canyon Drive the building closer to the intersection of Palm Canyon Drive and Racquet Club Drive and providing an indoor café or walkup window with pedestrian access. The applicant responded that the small size and unique configuration of the site, coupled with queuing, parking, and water retention requirements, precluded them from providing a larger building or orienting the building closer to the corner. They indicated that they utilized landscaping to make the site more attractive and provide enhanced visual experience for those travelling into the city on Palm Canyon Drive. They also cited security concerns for employees based on experiences at other locations within the city as a reason to limit access within the building. Following the hearing, the Planning Commission voted to approve the project with conditions for additional landscaping and shading over the pickup window.

The Architectural Advisory Committee reviewed and approved the project after the Planning Commission hearing. Its approval included a request for improved architectural design on the sides of the building facing the public streets. The ARC staff report is also provided for reference.

BUSINESS PRINCIPAL DISCLOSURE:

The applicant, Kaidence Group, LLC is 100% owned by Kayman Wong (see Public Integrity Disclosure form attached.)
ENVIRONMENTAL ASSESSMENT:

The proposed development is a project as defined by the California Environmental Quality Act (“CEQA”). Staff has reviewed the project pursuant to the CEQA guidelines and proposes a Class 32 Categorical Exemption from further analysis under CEQA.

A Class 32 Categorical Exemption is characterized as infill development and must meet all the following conditions: (a) The project is consistent with the applicable general plan and all applicable general plan policies as well as the applicable zoning designation and regulations. (b) The project occurs entirely within the City on a project site of no more than five (5) acres and substantially surrounded by urban uses. (c) The project site has no value as habitat for endangered, rare, or threatened species. (d) Approval of the project would not result in any significant adverse effects relating to traffic, noise, air or water quality. (e) The site can be adequately served by all required utilities and public services. The project conforms with these conditions.

FISCAL IMPACT:

None.

Item 2B - Page 3
City Council Staff Report
December 14, 2023 -- Page 4
Proposed Drive-Through Coffee Shop at 2466 N. Palm Canyon Drive REVIEWED BY:

Department Director: Christopher Hadwin
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Vicinity Map.

B. Planning Commission staff report, Planning Commission Resolution #6951, Exhibit “A” - Conditions of approval and minute excerpt.

C. Application Executive Summary, Plans, Site Plan, Landscape, Building Elevations, Preliminary Grading, etc.

D. Public Integrity Disclosure form.

E. Architectural Review Committee staff report, resolution, and conditions of approval.

F. Public Comment Letters.

Item 2B - Page 4
ATTACHMENT #A
Item 2B - Page 5
City of Palm Springs
Department of Planning Services
Vicinity Map
Cases: DP-2023-0018 /
CUP-2023-0020 / VAR-2023-0007
2466 N Palm Canyon Drive
(APN: 504-250-031)
Item 2B - Page 6
Legend
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~Site
D Parcel
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ATTACHMENT #B
Item 2B - Page 7

PLANNING COMMISSION STAFF REPORT
DATE: October 25, 2023 PUBLIC HEARING
SUBJECT: AN APPLICATION BY KAIDENCE GROUP, LLC COMPRISED OF A

DEVELOPMENT PERMIT, A VARIANCE AND CONDITIONAL USE

PERMIT FOR A PROPOSED DRIVE-THROUGH COFFEE SHOP ON A

0.46-ACRE PARCEL LOCATED AT 2466 NORTH PALM CANYON DRIVE, (APN 504-250-031) ZONE: PD 113, GENERAL PLAN: MIXED-USE. (CASES DP-2023-0018, CUP-2023-0020, VAR-2023-0007.)
FROM: Department of Planning Services
SUMMARY:

The project is a proposed coffee shop comprised of a roughly 1,150-square foot building with a dual-lane drive-through, parking and landscaping. The parcel is located at the southeast corner of North Palm Canyon Drive and Racquet Club Road.

The following applications have been filed in conjunction with this project:
• DP-2023-0020 – Site Development.
• CUP-2023-0020 – Conditional Use Permit for a drive-through. • VAR-2023-0007 - Variance for approving a building smaller than the minimum required by the C-1 zone.
• AR-2023-0083 – Architectural Review of the building and landscaping.

ISSUES:
• The building area is less than the minimum 2,000-square feet required for the C-1 zone (PSZC 92.12.03 (M)) thus a variance application is included. • Vehicular access to the site from the public streets is provided via two access easements across adjacent parcels to the east and south. • The project will provide eight (8) off-street parking spaces but eliminate ten (10) spaces associated with the adjacent fast-food restaurant (Del Taco). • The site is currently owned by Gray 1 Del Mar and the applicant is in escrow to purchase the parcel contingent on approval of the subject applications.

Item 2B - Page 8
Planning Commission Staff Report
October 25, 2023 – Page 2 of 15
Case #DP-2023-0018 / CUP-2023-0020 / VAR-2023-0007
RECOMMENDATION:

Approve the Development Permit, Variance and Conditional Use Permit applications and recommend approval of the Major Architectural application by the Architectural Review Committee, subject to conditions.

SCOPE OF REVIEW:

1. The Planning Commission review includes the Development Permit, Variance and the Conditional Use Permit.

2. The Architectural Review Committee will review the Major Architectural Application.

BUSINESS PRINCIPAL DISCLOSURE:

The applicant, Kaidence Group, LLC is 100% owned by Kayman Wong. (See Public Integrity Disclosure form attached.)
PROJECT DESCRIPTION:

The project proposes a small coffeeshop (branding is proposed as a Starbucks) that will provide drive-through service only. There will be no walk-up service or on-site seating / dining.

BACKGROUND INFORMATION:

The subject parcel was part of a 6-acre neighborhood shopping center that was developed in the 1980’s. The center declined over time and was razed in the early 2000’s except for the adjacent fast-food restaurant (currently Del Taco). In the early 2000’s, a 15-acre mixed-use development was approved but never developed. Subsequently, many of the individual parcels that comprise the original PD have been sold. The applicant is in escrow to purchase and develop the subject parcel.

Related Relevant City Actions
Sep 8, 2022 Staff processed Pre-submittal 22-037 for the subject project. 2007
City Council approved Case 5.1113 (PD 329, “The Art Colony”), a planned development district overlay for a mixed-use development on approximately 15 acres which encompassed this corner parcel. 1980
City Council approved Case 5.0127 (PD 113), a planned development district in lieu of a change of zone, for development of an approximately 6-acre neighborhood shopping center which encompassed this corner parcel.

Item 2B - Page 9
Planning Commission Staff Report
October 25, 2023 – Page 3 of 15
Case #DP-2023-0018 / CUP-2023-0020 / VAR-2023-0007
Most Recent Change of Ownership
c. 2000’s Purchase of the property by the current owner Gray 1 Del Mar.

Neighborhood Notice
September 12, 2023 Affidavit of on-site sign posting submitted by applicant 30 days in advance of this hearing as required by the zoning code.

October 16, 2023
Notice of public hearing mailed to addresses within 500-feet of the site, notifying that the subject application would be considered by the Planning Commission at a public hearing on October 25, 2023.

October 15, 2023 Notice emailed to Neighborhood Organizations within one mile of the project site.

October 13, 2023 Notice of public hearing published in the local newspaper Field Check
September 2023 Site visit by Planner
Existing Street Improvement Conditions
Street Name Travel Lanes Curb & Gutter Sidewalk
Racquet Club Road Y Y Y
North Palm Canyon Drive Y Y Y
DETAILS OF APPLICATION REQUEST:

Site Area
Net Acres 0.46 Acres (20,037-square feet) Legal conforming lot Surrounding
Property
Existing Land Use
Per Chapter 92
Existing General
Plan Designation
Existing Zoning
Designation
Subject Property Vacant Mixed-use (MU) PDD 113 (C-1)
North Neighborhood
Shopping Center MU PD 136
South Vacant MU PD 113
East Fast-food restaurant MU PD 113
West Convenience Store /
Office / Commercial MU C-1
General Plan Areas or Master Plan Areas Compliance
Mixed/Multi-Use Area (see pages 2-30 to 2-33 of Land Use Element) Y DEVELOPMENT STANDARDS:

Although the zone designation is PD 113, there were no specific development standards established in the PD, therefore the previous C-1 zone designation development standards were applied to the original shopping center on the site and also to this project.

Item 2B - Page 10
I
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Planning Commission Staff Report
October 25, 2023 – Page 4 of 15
Case #DP-2023-0018 / CUP-2023-0020 / VAR-2023-0007
BELOW LEFT: AERIAL PHOTO OF THE SITE. BELOW RIGHT: LOT DIMENSIONS.

Pursuant to PSZC Section 92.12.03 (C-1), the following standards apply:

Standard Required/
Allowed
Provided Compliance
Min. Lot Size 20,000SF 20,037 SF Y
Min. Lot Width 100 ft 110-ft average Y
Min. Lot Depth 150 ft 180-ft average Y
Min. Setbacks
•Front (Rac.Club)
•Side (east)
•Side (west) (Palm Cyn.)
•Rear (south)
5 Feet
0 Feet
5 Feet
0 Feet
93 Feet
15 Feet
13 Feet
66 Feet
Y
Y
Y
Y
Max. Lot Coverage No requirement NA
Min. Open Space No requirement NA
Max. Building Height 30’ Avg 18 w/26 ft
tower element
Y
Trash Enclosure Screened
6’ High (bin)
3’-6” High
(cans)
Block wall
enclosure
w/locked gates
and roof- 7’-6” H1
Y
Mechanical Equipment Screened Yes, roof
parapets
Y
1 The trash enclosure is within the buildable area of the lot, not in the setbacks and thus may exceed the six-foot height noted in the zoning code. The additional wall height is appropriate because it provides controlled (lockable) access to the enclosure.

Item 2B - Page 11
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Planning Commission Staff Report
October 25, 2023 – Page 5 of 15
Case #DP-2023-0018 / CUP-2023-0020 / VAR-2023-0007
Pursuant to PSZC Section 93.06.00, the following parking standards apply:

Parking Requirement
Use Parking
Ratio
Required Provided
Comp. Reg. Hand
i-cap
Reg. Handi
-cap
Restaurant 1/35 sf public is served or
1:3 seats2
6 1 Y
TOTAL SPACES REQUIRED 0 0 0 0 NA
Drive-through Stacking for 7 vehicles 7 19 0 Y
(Note: the parking code for restaurants is based on area where the public is served or number of seats. In this case, there is no on-site seating. The parking lot is provided for employees assuming 3 to 4 employees per shift. The off-street parking ordinance for drive-through uses requires stacking space for a minimum of seven (7) vehicles. The applicant is proposing 19, and thus exceeds the minimum required.) ANALYSIS:

Site Plan:

The parcel is an irregularly shaped corner lot fronting on North Palm Canyon Drive (a major thoroughfare) and Racquet Club Road (a secondary thoroughfare). The parcel does not have direct vehicular access to the public streets, rather there are access easement agreements for vehicular access from both adjacent parcels. These adjacent parcels to the east and south have driveway curbcuts onto both Palm Canyon and Racquet Club, denoted by the white arrows in the aerial photo below. 2 There is no indoor or outdoor seating proposed. Drive-up service only; thus parking is for employees only. If in the future walk-up or sit-down service is proposed the owner/tenant will need to demonstrate compliance with the parking ordinance.

SITE
Item 2B - Page 12
Planning Commission Staff Report
October 25, 2023 – Page 6 of 15
Case #DP-2023-0018 / CUP-2023-0020 / VAR-2023-0007
Vehicles coming to the proposed drive-through coffee shop (tentatively branded as a Starbucks) will access the site from either driveway and enter the drive-through lanes at the northeast corner of the subject site as seen in the site plan below. Vehicles will enter a dual-lane drive-through which merges into one lane at the remote order station. Once the order is taken vehicles proceed to the pick-up window at the southeast corner of the building. Nineteen (19) vehicles can be accommodated in the queueing lanes as shown in the site plan below.

The topography of the site slopes downward from west to east approximately five (5) feet.

This allows the queuing lanes for the drive through to be at a slightly lower elevation than the grade at the street corner and along the Palm Canyon frontage. A retaining wall and a decorative privacy wall will provide the code-required four-foot-high screening of these queuing lanes. Seven standard off-street parking spaces are also proposed on the site for employees and service / delivery vehicles. A trash enclosure is proposed at the westerly end of the parking lot. The balance of the site will be landscaped with droughttolerant species with an emphasis on shade trees at the perimeter and to provide shade for the queuing lanes.

Discussion of shared parking. As noted earlier, ten (10) off-street parking for the adjacent fast-food restaurant that are located on the subject site will be eliminated and seven (7) new off-street parking spaces will be created. This shared parking condition is the result of the configuration of the previous neighborhood shopping center which was comprised of five contiguous parcels with a large shared common parking lot. Although the previous Item 2B - Page 13
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Planning Commission Staff Report
October 25, 2023 – Page 7 of 15
Case #DP-2023-0018 / CUP-2023-0020 / VAR-2023-0007
shopping center buildings were razed, the shared parking lot still remains as seen in the aerial photo below. If the proposed coffee shop is developed, the adjacent fast-food restaurant would still have thirty-five (35) off-street parking spaces remaining on its own parcel as well as continued joint access with the other adjacent parcels for parking.

Future redevelopment of the adjacent vacant parking lot parcels would require the joint access easement agreements to remain in place to provide vehicular access from the public streets and to accommodate parking for existing and future commercial uses.

Given the ample amount of parking available on the restaurant site and the adjoining parcels, the net loss of three off-street parking spaces is negligible and is anticipated to have no adverse impact on surrounding commercial uses or parcels.

Mass and Scale:

The building is a compact, 1,150 square foot single-story structure with a drive-through window for serving customers. No walk-in service is proposed. The building is located roughly in the middle of the site and conforms to all setbacks and development standards with the exception of square footage which is addressed in the variance findings found later in this staff report.

Buffers and Open Space:

The zoning code requires screening of drive-through lanes off-street parking lots. This is provided by means of a decorative screen wall and landscaping. The drive-through lanes are also lower than the adjacent grade along Palm Canyon which will contribute to the screening of the lanes from the public streets. No open space is required in C-1 other than the 5-foot front yard buffer, which is provided. There is open space at the south end of the parcel for the placement of the stormwater detention basin which is landscaped with ornamental grasses.

Item 2B - Page 14
Planning Commission Staff Report
October 25, 2023 – Page 8 of 15
Case #DP-2023-0018 / CUP-2023-0020 / VAR-2023-0007
Grading and Topography:

As noted above, the site slopes downward from west to east approximately five feet. The pad elevation for the building is proposed at the lower elevation of the site allowing it to be visually integrated into the site as viewed from the public streets. The east and south sides of the site will be at a consistent grade with the adjacent undeveloped parcels.

FINDINGS – DEVELOPMENT PERMIT
PSZC Section 94.04.01(D) requires the approval authority to evaluate the application and make findings for conformance to the following criteria:

Criteria and Findings [PSZC 94.04.01(D)] Compliance

1. The proposed project is consistent with the General Plan and any applicable specific plan; Y
The General Plan land use designation for the parcel is Mixed-use / Multi-use which allows for a variety of use types. In this case, the small parcel can only accommodate a single commercial use. The FAR for MU is 0.5, to which the project conforms.

2. The proposed uses are in conformance to the use permitted in the zone district where the site is located, and are not detrimental to adjacent properties or residents;
Y
The zone is PDD 113. The PDD was approved in the early 1980’s for a multi-tenant shopping center that was razed several years ago. The PDD did not specify uses, (other than to exclude certain uses such as night clubs). Therefore the City has continued to apply uses permitted in the underlying C-1 zone. Restaurants and coffee shops are permitted by right (PSZC 92.12.01 (A,47) and drive-throughs are permitted with a CUP. (PSZC 92.12.01 (D, 13).

3. The proposed project is in conformance to the property development standards for the zone district where the site is located;
Yes, with
approval of
the
variance.

The project conforms to the development standards for the zone with the exception of the minimum building area and noted earlier in this report. The proposed use does not require a 2,000-square foot building. Due to the unusual shape of the lot, the lot area necessary for adequate queueing of vehicles and unusual vehicular access to the site, a variance application has been submitted. With approval of the variance the project can be found to be in compliance with all development standards for the zone.

Item 2B - Page 15
Planning Commission Staff Report
October 25, 2023 – Page 9 of 15
Case #DP-2023-0018 / CUP-2023-0020 / VAR-2023-0007
Criteria and Findings [PSZC 94.04.01(D)] Compliance

4. The proposed height and massing of the project is consistent with applicable standards and compatible with adjacent development; Y Most of the building is 18’ in height with subordinate elements at 16’ and 17’ and a projecting vertical element on which the sign is proposed which is 26’ in height. The building conforms in terms of 30’ maximum height allowed in the C-1 zone and the massing is simple and appropriate for the context in which it is located.

5. The proposed setbacks and placement of the building are consistent with applicable standards and consistent with setbacks of adjacent buildings;
Y
The project conforms to the setbacks for the C-1 zone. The adjacent parcels are vacant except the fast-food restaurant building east of the project site. That building is similarly sited with the drive-through lanes between the public street and the building.

Thus staff finds the project conforms to this guideline.

6. The site for the proposed project has adequate access to streets and highways property designed and improved to carry the type and quantity of traffic to be generated by the proposed uses, and the design for the site plan enhances or continues the city’s existing grid in accordance with the Circulation Plan of the General Plan;
Y
The subject parcel is a small corner lot fronting a major thoroughfare and a secondary thoroughfare. Vehicular access to the site is provided via access agreements from the adjacent parcels. This is appropriate and necessary to avoid driveways close to the signalized intersection of these two busy streets and avoids the necessity of additional curb cuts and driveways in close proximity to the existing drives.

7. On-site circulation conforms to minimum standards, and accommodations are made for safe on-site pedestrian circulation; Y The on-site circulation is mostly comprised of the queuing lanes which encircle the building on 3 sides. The 8-car parking lot is immediately adjacent to the building on the north and thus safe pedestrian path of travel is provided and the queuing lanes provide more than the minimum required for drive-through facilities.

8. Landscape areas and open space are in conformance to applicable standards, and the design of stormwater management features are appropriately integrated with other elements of the site design;
Y
Item 2B - Page 16
Planning Commission Staff Report
October 25, 2023 – Page 10 of 15
Case #DP-2023-0018 / CUP-2023-0020 / VAR-2023-0007
Criteria and Findings [PSZC 94.04.01(D)] Compliance
The drought-tolerant landscape design effectively screens the drive-through lanes and provides ample shade to both the vehicular lanes as well as the parking lot. Staff encouraged the applicant to provide additional shade trees along the public sidewalks at the perimeter of the property. A stormwater detention basin is provided at the southern part of the parcel. The project is conditioned to require conformance with the City’s water efficient landscape ordinance (PSMC 8.60).

9. Public infrastructure, such as water, sewer, and similar utilities, is adequate to serve the proposed project; Y
All utilities necessary are available to the parcel.

10. Based on environmental review, the proposed project either has no potentially significant environmental impacts, any potentially significant impacts have been reduced to less than significant levels because of mitigation measures incorporated in the project, or a Statement of Overriding Considerations has been adopted to address unmitigated significant environmental impacts;
Y
The project has been reviewed relative to CEQA and a Categorical Exemption is proposed.

11. The proposed project has no unacceptable adverse effects on public welfare, health or safety. Y
The proposed coffee shop use will not generate unacceptable odors, noise or other nuisances and will be required to comply with all applicable health department regulations. No adverse effects are anticipated.

Conclusion: The project is in conformance with the criteria for approval of the Development Permit.

FINDINGS – CONDITIONAL USE PERMIT
PSZC Section 94.02.00(B)(6) requires the approval authority to evaluate the application and make findings for conformance to the following criteria:

Criteria and Findings [PSZC 94.02.00(B)(6)] Compliance

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

Y
Item 2B - Page 17
II~---
Planning Commission Staff Report
October 25, 2023 – Page 11 of 15
Case #DP-2023-0018 / CUP-2023-0020 / VAR-2023-0007
Criteria and Findings [PSZC 94.02.00(B)(6)] Compliance
As noted above, the zoning on this parcel is PDD 113. The PDD was approved in the early 1980’s for a multi-tenant shopping center that was razed several years ago. The PDD did not specify uses, (other than to exclude certain uses such as night clubs).

Therefore the City has continued to apply uses permitted in the underlying C-1 zone. Restaurants and coffee shops are permitted by right (PSZC 92.12.01 (A,47) and drive-throughs are permitted with a CUP. (PSZC 92.12.01 (D, 13).

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

Y
This parcel was once part of a neighborhood shopping center that was razed many years ago. Bringing a variety of commercial and retails uses to this area is desirable to revitalize this commercial area and serve the surrounding community. The site is located on one of the major vehicular thoroughfares that connect the City to the I-10 freeway where a drive-through coffee shop use is appropriate to serve visitors and residents entering the City from the freeway.

The project is in harmony with the following General Plan policies and objectives:

LU4.3: Concentrate retail areas into commercial activity nodes to discourage the development of long “strips” of commercial uses.

LU4.4 Encourage the reuse of obsolete commercial properties.

The site is located in the “Artist Colony” mixed use area where the City encourages reuse of underutilized and vacant commercial areas. It is also identified as a “Primary Node” in the Community Design Element. Primary nodes are intended to draw visitors and residents for specialized goods, services, activities, etc. The drivethrough will attract both visitors and residents on their way in and out of the City.

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

Y
Item 2B - Page 18
Planning Commission Staff Report
October 25, 2023 – Page 12 of 15
Case #DP-2023-0018 / CUP-2023-0020 / VAR-2023-0007
Criteria and Findings [PSZC 94.02.00(B)(6)] Compliance
The parcel on which the proposed drive-through coffee shop is rather small, but well located at a very busy intersection. The coffeeshop is a compact building type suitable for this parcel and the drive-through use is provided with ample queuing space.

Screen walls and landscaping, including more shade trees than required by the zoning code are proposed along the perimeter public sidewalks and the queuing lane. The site is therefore suitable for the proposed use and the landscape palette provides ample amounts of shade and screening.

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

Y
The access easements across adjacent parcels allows a vehicularintensive use like a drive-through to occur on this relatively small corner parcel without causing adverse traffic impacts on the surrounding public streets or creating or locating new driveways and curbcuts close to the intersection. The design proposes almost three times the amount of code-required stacking for vehicles in the drive through lanes. The off-street vehicular route to the site through the access easements across the adjacent parcels that were part of the former neighborhood shopping center help further accommodate movement of the vehicular-oriented customers to the proposed drive-through coffee shop without adverse impacts.

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

Y
Recommended conditions of approval are attached to the draft resolution. Other than the square footage of the building being slightly less that the minimum size required by the zoning code, there are no modifications of the development standards necessary to accommodate the proposed drive-through use.

FINDINGS – VARIANCE APPLICATION
PSZC Section 94.06.00(B) requires the approval authority to evaluate the application and make findings for conformance to the following criteria:

Item 2B - Page 19
Planning Commission Staff Report
October 25, 2023 – Page 13 of 15
Case #DP-2023-0018 / CUP-2023-0020 / VAR-2023-0007
Criteria and Findings [PSZC 94.06.00(B)] Compliance

1. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Code would deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.

Y
The project is proposed on an irregular pie-shaped lot. Although the lot is conforming in terms of size, Its odd shape and size make it difficult to accommodate all the elements of a typical development such as parking, landscaping, open space for stormwater detention and the queuing lanes for the drive-through.

Furthermore, as a relatively small corner parcel fronting both a major and secondary thoroughfare, adding new driveway curbcuts directly onto the adjacent busy streets this close to the corner could cause adverse traffic impacts. Thus the development must rely on reciprocal access easements across adjacent parcels which impacts how the development on the site can be configured.

The proposed drive-through coffee shop use does not require a 2,000-square foot building; however it does require ample space on the site for the vehicular queuing lanes. The unusual shape of the site, the need for ample queuing and the requirement for vehicular access to be provided from adjacent parcels rather than the adjacent street makes the zoning code standard for a larger building an impediment for development of the proposed use on this parcel.

2. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated.

Y
Allowing construction of a building slightly smaller in area than the minimum required by the zoning code does not constitute a granting of special privilege because the spatial requirements for both the enclosed building is less than a typical commercial use would need. Concurrently, the anticipated need for ample vehicle queuing is greater than a typical drive-through. These factors are more easily accommodated on a conforming C-1 zoned parcel with conventional dimensions and conventional vehicular access to the adjacent public streets. The variance is justified given the greater limitations to development imposed by the physical characteristics of this particular site.

Item 2B - Page 20
Planning Commission Staff Report
October 25, 2023 – Page 14 of 15
Case #DP-2023-0018 / CUP-2023-0020 / VAR-2023-0007
Criteria and Findings [PSZC 94.06.00(B)] Compliance

3. The granting of the variance will not be materially detrimental to the public health, safety, convenience or welfare or injurious to property and improvements in the same vicinity and zone in which the subject property is situated.

Y
The variance allows a viable commercial use with unique spatial requirements to be developed on this unusual parcel in a way that should cause no adverse impacts to public health, safety, convenience or welfare. The proposed development poses no known adverse impacts to other properties and improvements in the vicinity or in the same zone in which the property is located.

The proposed drive-through coffee shop at this location should be economically viable and contribute to increased interest in economic redevelopment on the adjoining parcels which have been vacant for decades.

4. The granting of such variance will not adversely affect the general plan of the city. Y
The uniform and harmonious development of commercial
properties along the City’s main thoroughfares that support both the City’s tourist-oriented economy and add to the convenience and access of amenities of those living and working in the City is the primary vision of the City’s general plan. Enabling development of a challenging parcel with a popular coffee shop will not adversely affect the General Plan.

ENVIRONMENTAL ANALYSIS:

Item 2B - Page 21
Planning Commission Staff Report
October 25, 2023 – Page 15 of 15
Case #DP-2023-0018 / CUP-2023-0020 / VAR-2023-0007
CONCLUSION:

The proposed development meets the criteria and findings necessary for approval of the development permit, the conditional use permit for the drive-through use and the variance for approval of a building that is smaller in area than the minimum square footage standard imposed by the C-1 zone development standards. The proposed project is recommended for approval, subject to conditions.

REVIEWED BY:

Principal City Planner: Ken Lyon, RA
Assistant Director of Planning Services David Newell, AICP Director of Planning Services: Christopher Hadwin
ATTACHMENTS:

A. Vicinity Map.

B. Draft Resolution with conditions.

C. Justification Letter and application materials.

D. Public Integrity Disclosure Form.

Item 2B - Page 22
RESOLUTION NO. 6951

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY

OF PALM SPRINGS, CALIFORNIA, APPROVING A MAJOR

DEVELOPMENT PERMIT, A VARIANCE AND A CONDITIONAL
USE PERMIT FOR A ROUGHLY 1,150-SQUARE FOOT DRIVETHROUGH COFFEE SHOP ON A 0.46-ACRE LOT LOCATED AT 2466 NORTH PALM CANYON DRIVE, APN: 504-250-031, ZONE:

PD 113, GENERAL PLAN: MIXED-USE, (CASES DP-2023-0018 /
CUP-2023-0020 / VAR-2023-0007 / AR-2023-0083), SUBJECT TO

CONDITIONS OF APPROVAL
THE PLANNING COMMISSION FINDS AND DETERMINES AS FOLLOWS:

A. WHEREAS, the Kaidence Group, LLC, submitted a major
development permit application, a variance and a conditional use permit application seeking approval to develop a roughly 1,150-square foot, drive-through coffee shop with associated landscaping and off-street parking on a 0.46-acre lot located at 2466 North Palm Canyon Drive; and
B. WHEREAS, a notice of public hearing of the Planning Commission to consider the applications was published in accordance with applicable law; and C. WHEREAS, a public hearing of the Planning Commission to consider the applications was held on October 25, 2023; and
D. WHEREAS, at said meeting, the Planning Commission carefully reviewed and considered all the evidence presented in connection with the application including, but not limited to the staff report, and all written and oral testimony presented.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

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

SECTION 2. That the Planning Commission has evaluated the project pursuant to the California Environmental Quality Act (“CEQA”) and determined it to be Categorically Exempt from further analysis under CEQA as a Class 32 “Infill Development”. The project meets the definition of infill development as follows:
(a) the project is consistent with the General Plan and the Zoning Code, (b) it occurs within the City limits on a parcel less than 5 acres and is surrounded by urban uses, (c) the parcel has no value as habitat for endangered or rare species, Item 2B - Page 23
Planning Commission Resolution No. 6951

Page 2 of 9 ends

(d) approval of the project will not result in adverse impacts related to traffic, noise, air or water quality, and (e) the site is adequately served by all required utilities and services.

SECTION 3. The Planning Commission has evaluated the application pursuant to the findings and guidelines for approval of a Major Development Permit outlined in Zoning Code Section 94.04.01 (D) as follows:

Criteria and Findings [PSZC 94.04.01(D)] Compliance

3. The proposed project is in conformance to the property development standards for the zone district where the site is located;
Yes, with
approval of
the
variance.

4. The proposed height and massing of the project is consistent with applicable standards and compatible with adjacent development; Y Item 2B - Page 24
Planning Commission Resolution No. 6951

Page 3 of 9 ends

Criteria and Findings [PSZC 94.04.01(D)] Compliance
Most of the building is 18 feet in height with subordinate elements at 16’ and 17’ and a projecting vertical element on which the sign is proposed which is 26’ in height. The building conforms in terms of 30’ maximum height allowed in the C-1 zone and the massing is simple and appropriate for the context in which it is located.

Thus the Planning Commission finds the project conforms to this guideline.

Page 4 of 9 ends

Criteria and Findings [PSZC 94.04.01(D)] Compliance
The drought-tolerant landscape design effectively screens the drive-through lanes and provides ample shade to both the vehicular lanes as well as the parking lot. Staff encouraged the applicant to provide additional shade trees along the public sidewalks at the perimeter of the property. A stormwater detention basin is provided at the southern part of the parcel. The project is conditioned to require conformance with the City’s water efficient landscape ordinance (PSMC 8.60).

9. Public infrastructure, such as water, sewer, and similar utilities, is adequate to serve the proposed project; Y
All utilities necessary are available to the parcel.

SECTION 4. The Planning Commission has evaluated the application pursuant to the findings for approval of a Conditional Use Permit outlined in Zoning Code Section 94.02.00 (B,6) as follows:

Criteria and Findings [PSZC 94.02.00(B)(6)] Compliance

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

Y
Item 2B - Page 26
II~---
Planning Commission Resolution No. 6951

Page 5 of 9 ends

Criteria and Findings [PSZC 94.02.00(B)(6)] Compliance
As noted above, the zoning on this parcel is PDD 113. The PDD was approved in the early 1980’s for a multi-tenant shopping center that was razed several years ago. The PDD did not specify uses, (other than to exclude certain uses such as night clubs).

The project is in harmony with the following General Plan policies and objectives:

LU4.3: Concentrate retail areas into commercial activity nodes to discourage the development of long “strips” of commercial uses.

LU4.4 Encourage the reuse of obsolete commercial properties.

Y
Item 2B - Page 27
Planning Commission Resolution No. 6951

Page 6 of 9 ends

Criteria and Findings [PSZC 94.02.00(B)(6)] Compliance
The parcel on which the proposed drive-through coffee shop is rather small, but well located at a very busy intersection. The coffeeshop is a compact building type suitable for this parcel and the drive-through use is provided with ample queuing space.

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

SECTION 5: The Planning Commission has evaluated the Variance application pursuant to PSZC Section 94.06.00(B) which requires the approval authority to evaluate the application and make findings for conformance to the following criteria:

Item 2B - Page 28
Planning Commission Resolution No. 6951

Page 7 of 9 ends

Criteria and Findings [PSZC 94.06.00(B)] Compliance

Y
The project is proposed on an irregular pie-shaped lot. Although the lot is conforming in terms of size, Its shape and size make it difficult to accommodate all the elements of a typical development such as parking, landscaping, open space for stormwater detention and the queuing lanes for the drive-through.

The proposed drive-through coffee shop use does not require a 2,000-square foot building, however it does require ample space on the site for the vehicular queuing lanes. The unusual shape of the site, the need for ample queuing and the requirement for vehicular access to be provided from adjacent parcels rather than the adjacent street makes the zoning code standard for a larger building an impediment for development of the proposed use on this parcel.

Y
Allowing construction of a building slightly smaller in area than the minimum required by the zoning code does not constitute a granting of special privilege because the spatial requirements for both the enclosed building - which is less than a typical commercial use would need – along with the anticipated need for ample vehicle queuing - which is greater than a typical drive-through - would be more easily accommodated on a typical C-1 zoned parcel with conventional dimensions and conventional vehicular access to the adjacent public streets. The variance is justified given the greater limitations to development imposed by the physical characteristics of this particular site.

Item 2B - Page 29
Planning Commission Resolution No. 6951

Page 8 of 9 ends

Criteria and Findings [PSZC 94.06.00(B)] Compliance

Based on the entire record before the Planning Commission and the findings made in the staff report and this resolution, the Planning Commission of the City of Palm Springs hereby approves Case DP-2023-0018, Case CUP-2023-0020 and Case VAR-2023-0007; a major development permit, a conditional use permit and a variance for development a roughly 1,150-square foot, drive-through coffee shop with associated landscaping and off-street parking on a 0.46-acre lot located at 2466 North Palm Canyon Drive; (APN: 504-250-031), subject to the conditions of approval outlined in the attached Exhibit “A

APPROVED AND ADOPTED BY THE PALM SPRINGS PLANNING
COMMISSION THIS TWENTY-FIFTH DAY OF OCTOBER, 2023.

MOTION: MILLER SECONDED BY MURPHY TO APPROVE WITH STAFF RECOMMENDATIONS AND ADDED CONDITIONS.

AYES: BAKER, MILLER, MURPHY
NAYS: ROTMAN, WEREMUIK
Item 2B - Page 30
Item 2B - Page 31
Planning Commission Resolution No. 6951

Page 9 of 9 ends

ABSENT:ROBERTS ABSTAIN: NONE ATTEST:

Christopher Hadwin, Director of Planning Services
City of Palm Springs, California
RESOLUTION NO. 6951

EXHIBIT A
DP-2022-0018 / CUP-2022-0020 / VAR-2023-0007
A Drive-through Coffee Shop at 2466 N. Palm Canyon Drive November 6, 2023

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

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

ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case DP2022-0018 / CUP-2022-0020 / VAR-2023-0007 / AR-2023-0083, except as modified with the conditions below;
ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, including site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division except as modified by the conditions below.

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

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

ADM 5. The owner/applicant shall defend, indemnify, and hold harmless the City of Palm Springs, its elected officials, agents, officers, and employees (“Indemnitees”) from any claim, action, or proceeding against the City of Palm Springs or any Indemnitee(s), arising, in any way, out of the activities authorized by this Land Use Permit. The City will promptly notify the applicant of any such claim, action, or proceeding and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City fails to promptly notify the applicant of any such claim, action or proceeding or fails to Item 2B - Page 32
I
PC Reso #6951 - Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007 Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023

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cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the Indemnitees. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent, but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein.

ADM 6. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, walls, and fences that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner’s sole expense.

This condition shall be included in the recorded covenant agreement for the property if required by the City.

ADM 7. Time Limit on Approval. Approval of the Conditional Use Permit, Development Permit, Variance and Major Architectural application shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause pursuant to Zoning Code section 94.12.00.

ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter

2.05.00. Permits will not be issued until the appeal period has concluded.

ADM 9. Park Development Fees. The developer shall dedicate land or pay a fee in lieu of a dedication, at the option of the City. The in-lieu fee shall be computed pursuant to Ordinance No. 1632, Section IV, by multiplying the area of park to be dedicated by the fair market value of the land being developed plus the cost to acquire and improve the property plus the fair share contribution, less any credit given by the City, as may be reasonably determined by the City based upon the formula contained in Ordinance No. 1632. In accordance with the Ordinance, the following areas or features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, development edges, slopes in hillside areas (unless the area includes a public trail) landscaped development entries, meandering streams, land held as open space for wildlife habitat, flood retention facilities and circulation improvements such as bicycle, hiking and equestrian trails (unless such systems are directly linked to the City’s community-wide system and shown on the City’s master plan).

Item 2B - Page 33
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ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP) Local Development Mitigation Fee (LDMF) required. All projects within the City of Palm Springs, not within the Agua Caliente Band of Cahuilla Indians reservation are subject to payment of the CVMSHCP LDMF prior to the issuance of certificate of occupancy.

ENV 2. Notice of Exemption Filing Fee. The project is exempt from further evaluation pursuant to the California Environmental Quality Act (CEQA). The applicant is responsible for payment to the City of the $50 fee for electronic filing of the exemption determination with the County Clerk within two business days of the Commission’s final action on the project. Coordinate this payment with the project planner.

ENV 3. California Fish & Game Filing Fee. The project is required to pay a $50 fish and game impact fee as defined in Section 711.4 of the California Fish and Game Code. The applicant is responsible for payment to the City of the CFG impact fee. Coordinate this payment with the project planner. The project may be eligible for exemption or refund of this fee by the California Department of Fish & Game. Applicants may apply for a refund by the CFG at www.dfg.ca.gov for more information.

ENV 4. Cultural Resource Survey Required. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior’s Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface.

ENV 5. Cultural Resource Site Monitoring. There is a possibility of buried cultural or Native American tribal resources on the site. A Native American Monitor shall be present during all ground-disturbing activities.
a). A Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning. After consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to further investigate the site. If necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval.

Item 2B - Page 34
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b). Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning Department prior to final inspection.

PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a photometric site plan showing the project’s conformance with Section 93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance, shall be submitted for approval by the Department of Planning prior to issuance of a building permit. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be included. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of hillsides is permitted.

PLN 2. Water Efficient Landscaping Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs Municipal Code and all other water efficient landscape ordinances. The applicant shall submit a landscape and irrigation plan to the Director of Planning for review and approval prior to the issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the local water agency that they are in conformance with the water agency’s and the State’s Water Efficient Landscape Ordinances.

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

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

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

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

Item 2B - Page 35
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PLN 7. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems.

PLN 8. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan.

PLN 9. No off-site Parking. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the project site unless a parking management plan has been approved by the Planning Department.

PLN 10. Pad Elevations. Final building pad elevations shall not vary more than 12 inches above or below the pad elevation established by the approved preliminary grading plan and / or tentative map. Any deviations from this provision shall require approval by the Architectural Review Committee and/or the Planning Commission.

PLN 11. Signage not a part. Signage is not included in this approval. Signage will be processed under a separate sign permit.

PLN 12. Add shade trees Provide shade trees at 15’ o.c. at the perimeter of the site while also conforming to the corner cutback visibility triangle at the intersection.

PLN 13. Add shade structure at pick-up window. Provide a full shade structure at the pick-up window conforming to Zoning Code Section 93.06.00 (Off-street parking)
PLN 14. (add any additional conditions imposed by the Architectural Review Committee, Planning Commission or City Council here)

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

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

ENGINEERING DEPARTMENT CONDITIONS
APPLICATION FOR APPROVAL OF A COMMERCIAL BUILDING LOCATED AT 2466 NORTH PALM CANYON DRIVE, (APN 504-250-031), SECTION 3, TOWNSHIP 4 S, RANGE 4 E, S.B.M., ENG. FILE NO. 4823.

Item 2B - Page 36
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The Engineering Services Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances.

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

All grading plans, improvement plans, required studies and documents listed below, must be submitted to Engineering Services Department for review and approval.

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

ENG 2. Applicant shall obtain State permits and approval of plans for any work done on State Highway 111. A copy of an approved Caltrans encroachment permit shall be provided to the City Engineer prior to the issuance of any grading or building permits if there is any work being done in the public right-of-way on State Highway 111.

NORTH PALM CANYON DRIVE (HIGHWAY 111)
ENG 3. Remove and replace existing driveway approach in accordance with City of Palm Springs Standard Drawing No. 205.

ENG 4. An accessible pedestrian path of travel shall be provided throughout the development, as may be required by applicable state and federal laws. An accessible path of travel shall be constructed of Portland cement concrete, unless alternative materials meeting state and federal accessibility standards is approved by the City Engineer.

ENG 5. Remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards.

ENG 6. All broken or off grade street improvements along the project frontage shall be repaired or replaced.

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

Item 2B - Page 37
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ON-SITE
ENG 8. The minimum pavement section for all on-site pavement (drive aisles and parking spaces) shall be 3 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.

ENG 9. The applicant shall demonstrate access rights across the adjacent properties identified by Assessor’s Parcel Number (APN) 504-250-032, 504-250-029. Proof of access rights shall be submitted to the City Engineer prior to approval of a grading plan.

ENG 10. On-site drive aisles and parking spaces shall be constructed with curbs, gutters, and cross-gutters, as necessary to accept and convey street surface drainage of the on-site streets to the on-site drainage system, in accordance with applicable City standards.

SANITARY SEWER
ENG 11. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes.

ENG 12. Submit sewer improvement plans prepared by a California registered civil engineer to the Engineering Services Department. The plan(s) shall be approved by the City Engineer prior to issuance of any encroachment or building permits.

ENG 13. Construct an 8 inch V.C.P. sewer main extension along the frontage of APN 504-250-032 to 504-250-31, located 5 feet from centerline or as required by the City Engineer and connect to the existing public sewer system in Racquet Club Road. All sewer mains constructed by the applicant and to become part of the public sewer system shall be digitally video recorded by the City prior to acceptance of the sewer system for maintenance by the City. Any defects of the sewer main shall be removed, replaced, or repaired to the satisfaction of the City Engineer prior to acceptance.

ENG 14. All sewer mains constructed by the developer and to become part of the City sewer system shall be digitally video recorded (Developer shall contact City treatment plant facility for acceptable digital video format) and submitted to the City for review prior to acceptance of the sewer system for maintenance by the City. Any defects of the sewer main shall be removed, Item 2B - Page 38
PC Reso #6951 - Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007 Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023

Page 9 of 11 ends

replaced, or repaired to the satisfaction of the City Engineer prior to acceptance.

ENG 15. Upon completion of the construction of public sewer lines, an as-built drawing in digital format shall be provided to the City as required by the City Engineer, if the sewer was not constructed in accordance with the original approved sewer plans.

GRADING
ENG 16. Submit a Precise Grading Plan prepared by a California licensed civil engineer to the Engineering Services Department for review and approval.

If the overall project grading volumes are less than 50 cubic yards and the project does not involve a hillside lot as defined by City of Palm Springs Zoning Code 93.13.00, then the plan does not need to be prepared by a licensed professional unless determined otherwise by the City Engineer.

The plan shall be approved by the City Engineer prior to grading permit issuance.
a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Services Department for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more “Coachella Valley Best Available Control Measures” as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant’s or its contractor’s Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Services Department with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related “PM10” Dust Control issues, please contact AQMD at (909) 396-3752, or at http://www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Services Department prior to approval of the Grading plan. b. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Item 2B - Page 39
PC Reso #6951 - Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007 Drive-through Coffee Shop at 2466 N Palm Canyon Drive
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Page 9 of 11 ends

Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report; a copy of the project-specific Final Water Quality Management Plan.

ENG 17. Prior to approval of a Grading Plan (or issuance of a Grading Permit), the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist ( a copy of the written approval must be provided to the City) . The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at [email protected] to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring.

ENG 18. In accordance with an approved PM-10 Dust Control Plan, temporary dust control perimeter fencing shall be installed. Fencing shall have screening that is tan in color; green screening will not be allowed. Temporary dust control perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations.

ENG 19. Temporary dust control perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into the perimeter fence screening shall not be allowed. Perimeter fencing shall be adequately anchored into the ground to resist wind loading.

ENG 20. Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on-site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer.

ENG 21. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre (if there is disturbance of 5,000 square feet or more) at the time of issuance of grading permit for mitigation measures for erosion/blowsand relating to this property and development.

ENG 22. A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral Item 2B - Page 40
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November 6, 2023

Page 9 of 11 ends

part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Services Department with the first submittal of a grading plan.

ENG 23. The applicant shall provide Grading Certification for all building (or structure) pads in conformance with the approved grading plan to the Engineering Services Department for review and approval prior to issuance of Building Permits.

ENG 24. In cooperation with the California Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved “Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties” (Revised - RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 6819 East Gage Avenue, Commerce, Ca 90040 (Phone (760)782-3271, (562)505-6415), [email protected].

WATER QUALITY MANAGEMENT PLAN
ENG 25. This project shall be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP’s) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP’s, including mechanical or other means for pretreating contaminated stormwater and non-stormwater runoff, shall be required.

ENG 26. A Final Project-Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading or building permit. The WQMP shall address the implementation of operational Best Management Practices (BMP’s) necessary to accommodate nuisance water and storm water runoff from the site. Direct release of nuisance water to the adjacent property (or public streets) is prohibited. Construction of operational BMP’s shall be incorporated into the Precise Grading and Paving Plan.

ENG 27. Prior to issuance of any grading or building permits, the property owner shall record a “Covenant and Agreement” with the County-Clerk Recorder or other instrument on a standardized form to inform future property owners of Item 2B - Page 41
PC Reso #6951 - Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007 Drive-through Coffee Shop at 2466 N Palm Canyon Drive
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Page 9 of 11 ends

the requirement to implement and maintain the approved Final ProjectSpecific Water Quality Management Plan (WQMP). Other alternative instruments for requiring implementation of the approved Final ProjectSpecific WQMP include: requiring the implementation of the Final ProjectSpecific WQMP in Home Owners Association or Property Owner Association Covenants, Conditions, and Restrictions (CC&Rs); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Community Service Areas responsible for implementing the Final ProjectSpecific WQMP; or equivalent. Alternative instruments must be approved by the City Engineer prior to issuance of any grading or building permits.

DRAINAGE
ENG 28. All stormwater runoff across the property shall be accepted and conveyed in a manner acceptable to the City Engineer and released to an approved drainage system. Stormwater runoff may not be released directly to the adjacent streets without first intercepting and treating with approved Best Management Practices (BMPs).

ENG 29. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer.

For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property.

Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. No more than 40-50% of the street frontage parkway/setback areas should be designed as retention basins. On-site open space, in conjunction with dry wells and other subsurface solutions should be considered as alternatives to using landscaped parkways for on-site retention.

ENG 30. The project is subject to flood control and drainage implementation fees.

The acreage drainage fee at the present time is $7746.89 per acre in accordance with Resolution No. 15189. Fees shall be paid prior to issuance of a building permit.

ENG 31. Submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer.

Item 2B - Page 42
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November 6, 2023

Page 9 of 11 ends

GENERAL
ENG 32. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, Mission Springs Water District, etc.).

Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development.

ENG 33. All proposed utility lines shall be installed underground.

ENG 34. All existing utilities shall be shown on the improvement plans if required for the project. The existing and proposed service laterals shall be shown from the main line to the property line.

ENG 35. Upon approval of any improvement plan (if required) by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD drawing filetype) and PDF (Adobe Acrobat document filetype) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval by the City Engineer.

ENG 36. The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented with record drawing “as-built” information and returned to the Engineering Services Department prior to issuance of a final certificate of occupancy.

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

ENG 37. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section

93.02.00, D.

Item 2B - Page 43
PC Reso #6951 - Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007 Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023

Page 9 of 11 ends

ENG 38. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904.

ENG 39. This property is subject to the Coachella Valley Multiple Species Habitat Conservation Plan Local Development Mitigation Fee (CVMSHCP-LDMF).

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

TRAFFIC
ENG 40. A minimum of 48 inches of clearance for accessibility shall be provided on public sidewalks. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement if necessary and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the frontage of the subject property.

ENG 41. Install traffic striping and signage improvements at the intersection of the double drive thru lanes and exiting drive thru lane (Del Taco), signage shall be “KEEP AREA CLEAR”. Traffic striping and signage plans to be shown on grading plans. Required traffic striping and signage improvements shall be completed prior to issuance of a certificate of occupancy.

ENG 42. Construction signing, lighting and barricading shall be provided during all phases of construction as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 “Temporary Traffic Control” of the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction.

ENG 43. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit.

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

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

Item 2B - Page 44
PC Reso #6951 - Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007 Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023

Page 9 of 11 ends

FID 2. Fire Department Conditions were based on the 2022 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix “T” Development Requirements. This building will require fire sprinklers and a fire alarm system based on the change of use.

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

FID 4. Plans and Permits (CFC 105.1):

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

Plans shall be submitted to:

City of Palm Springs
Building and Safety Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Counter Hours: 8:00 AM – 6:00 PM, Monday – Thursday
A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. These fees are established by Resolution of the Palm Springs City Council.

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

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

Item 2B - Page 45
PC Reso #6951 - Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007 Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023

Page 9 of 11 ends

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

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

FID 7. Turning Radius: Fire access road turns and corners shall be designed with a minimum inner radius of 25 feet and an outer radius of 43 feet.

FID 8. Dead Ends: Dead-end fire apparatus roads in excess of 150 feet in length shall be provided with an approved area for turning around a fire apparatus.

FID 9. Designated Fire Lanes: In private developments fire lanes shall not be less than 24 feet in width (curb to curb) with no parking on either side and shall be identified.

FID 10. Private Fire Hydrants: This development may require private fire hydrants Please speak with Desert Water Agency.

FID 11. Fire Extinguishers: Fire Extinguisher shall be required every 75 feet of travel.

END OF CONDITIONS
Item 2B - Page 46
Item 2B - Page 47

EXCERPT OF MINUTES
At the Planning Commission meeting of the City of Palm Springs, held October 25, 2023, the Planning Commission took the following action:
2A. AN APPLICATION BY KAIDENCE GROUP, LLC COMPRISED OF A

DEVELOPMENT PERMIT, A VARIANCE AND CONDITIONAL USE PERMIT FOR A PROPOSED DRIVE-THROUGH COFFEE SHOP ON A 0.46-ACRE PARCEL LOCATED AT 2466 NORTH PALM CANYON DRIVE, (APN 504-250- 031) ZONE: PD 113, GENERAL PLAN: MIXED-USE. (CASES DP-2023-0018, CUP-2023-0020, AR-2023-0083 VAR-2023-0007) (KL)
Ken Lyon, Principal Planner, presented the staff report to the Commission.

Rachel Novak, Kaidence Group, provided a brief visual presentation to the Commission.

There was no public testimony.

ACTION: Miller, seconded by Murphy to Approve with staff recommended conditions.

I, ANITA FIELDS, Planning Administrative Specialist 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 25th day of October, 2023, by the following vote:

AYES:

NAYS:

ABSENT:

BAKER, MILLER, MUPRHY

ROTMAN, WEREMIUK

ROBERTS
~24~
Anita Fields
Planning Administrative Specialist
ATTACHMENT #C
Item 2B - Page 48
1 of 3
5070 N. 40th Street Suite 210 | Phoenix, Arizona 85016 | 480.269.1235

MEMORANDUM
To: City of Palm Springs From: Katie Rounds
The Kaidence Group
Cc:

Date: July 7, 2023
Updated: October 2, 2023
Re: Palm Canyon Drive & Racquet Club Drive - Justification Letter & Executive Summary Our application is for construction of an approximate 1,150 SF building for a proposed coffee shop use with double drive-thru lanes to be operated 24 hours/7 days a week on a roughly 0.46-acre parcel at the southeast corner of North Palm Canyon Drive and Racquet Club Road. (APN 504-250-031).

The application types include: A Major Architectural, a Variance and a Development Permit.

It is our understanding that the existing PD 113 is the zone designation for this parcel and several others that are contiguous. The PD was established in the 1980’s for a neighborhood shopping center on these parcels that was razed several years ago. The Planning Department has determined that since the PD did not identify specific uses, the uses outlined in the underlying/previous C-1 zone are being applied.

The C-1 zone allows restaurants and coffee shops as a by right use.

The C-1 zone allows drive-throughs with a CUP, thus our application includes the CUP for the drive-through use.

The C-1 zone requires buildings to be a minimum of 2,000 gross square feet. The proposed building is 1,150- square feet and thus our application includes a Variance seeking approval for a building slightly smaller than the minimum required for the zone.

Below are several unique features about our proposed development:

Item 2B - Page 49

KAIDENCE
GROUP
2 of 3
5070 N. 40th Street Suite 210 | Phoenix, Arizona 85016 | 480.269.1235  Existing curb cuts along North Palm Canyon Drive and Racquet Club Road will provide access to the subject site; no new curb-cuts or off-site improvements are being proposed along either street frontage.
 An existing access easement agreement permits the ingress and egress needed for this parcel (a copy has been provided as a part of this application).  The coffee shop will provide drive-through service only. No walk-in service is offered for customers and there is no seating proposed indoors or outdoors.  A parking lot of 7 spaces is included for employees, which exceeds the code requirement. The parking lot will also be used to accommodate deliveries and trash collection.  The future building is proposed to be constructed as a one-story building, less than the code height maximum of 30’.
 Building architectural treatment is proposed on all four sides of the building with unique architectural interest including varied rooflines, articulation on building faces, desert environment color scheme and shading elements at the order menu board and at the pick-up window.  Shade trees, in addition to those required by the off-street parking ordinance are proposed along the queueing lane and perimeter public sidewalks.  A four-foot-high decorative screening wall is being provided to screen the drive-thru lane and parking lot from both streets (as measured from the finished elevation of the drive through lane) which meets the requirements of the City’s off-street parking ordinance. For screening.  All rooftop equipment is designed to be screened on all side by a roof parapet.  A fully enclosed solid masonry block trash enclosure with gates and a roof will be provided in the parking lot area.
 The proposed drive-through lane will hold up to nineteen (19) vehicles which exceeds the code minimum of seven (7) per the City’s parking ordinance.

Item 2B - Page 50

KAIDENCE
GROUP
3 of 3
5070 N. 40th Street Suite 210 | Phoenix, Arizona 85016 | 480.269.1235  An existing monument sign is proposed to remain which will have signage for the new coffee shop as well as the fast-food restaurant on the adjacent parcel (a separate sign application has been submitted).

We look forward to working with the City of Palm Springs on a successful development and beginning the revitalization of this corner.

Thank you,
Katie Rounds
480-269-6613
[email protected]
Item 2B - Page 51

KAIDENCE
GROUP
SB

KEY PLAN

22.321.01

PERSPECTIVE
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Item 2B - Page 52
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2401 UTAH AVENUE SOUTH
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SHEET TITLE:

PERSPECTIVE
SCALE: AS SHOWN
I SHEET NUMBER:
5'-0"

DRIVE-THRU ONLY

COFFEE SHOP
1,150 S.F.

C-1
ZONE
(EXISTING

DRIVE-THRU)

EXISTING

DRIVEWAY
4' H SCREEN WALL ALONG
PERIMETER OF DRIVE-THRU LANE 9'-0" 24'-0" 18'-0" TYP.
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PROPERTY LINE
(E) R.O.W. LANDSCAPED AREA

RETENTION
BASIN

RACQUET CLUB ROAD

NORTH PALM CANYON DRIVE
T 12'-0"
12'-0"
(E) SIDEWALK
(E) SIDEWALK

EXISTING
DRIVE AISLE 2'-0" 4'-0" 12'-0"
1 7
19 BLD'G SET BACK
(E)MONUMENT
SIGN
RAMP DN. 8.33% MAX.

HARDSCAPE
CANOPY
OVERHANG, TYP.

ENTRY/
EXIT
2'-0"
LOW 8" CMU RETAINING

WALL ALONG DRIVE-THRU

LANE AT THIS LOCATION
LOW 8" CMU RETAINING

WALL ALONG DRIVE-THRU

LANE AT THIS LOCATION
4' H SCREEN WALL ALONG

PERIMETER OF DRIVE-THRU LANE
±14'-8"
(E) CURB TO
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(E) TRANSFORMER
(E) SIDEWALK
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(E) CURB &
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CLEARANCE BAR

DRIVE-THROUGH LANE

ENTRY SIGN

DRIVE-THROUGH LANE

EXIT/'THANK YOU' SIGN

ORDER BOARD

ORDER MENU
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PRE-ORDER
MENU
BOARD
5" x 5" STEEL POLE
2' DIA. CONCRETE
BASE
LED FIXTURE 2'-6" 15'-0"
8" SMOOTH FACE

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PRE-CAST
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BUILDING CANOPY
6" CURB,

CONTINUOUS
ON 3 SIDES
6" STEEL POSTS,
TYP. OF 3
A.P.N. NO.: 504-250-0031
EXISTING ZONING: C-1
SITE AREA: 0.46 ACRES (20,028 S.F.)
PROPOSED USE: RESTAURANT (DRIVE-THRU ONLY)
CONSTRUCTION TYPE: V-B
OCCUPANCY: B
BUILDING AREA: 1,300 SF
PARKING PROVIDED: 8 SPACES
(PARKING NOTE: NO INDOOR SEATING OR OUTDOOR SEATING
WILL BE PROVIDED FOR PUBLIC USE. ALL PROPOSED PARKING

IS FOR EMPLOYEES ONLY)
ACCESSIBLE SPACES REQUIRED: 1 SPACE
ACCESSIBLE SPACES PROVIDED: 1 SPACE
DRIVE-THRU VEHICLE STACKING REQUIRED: 7 VEHICLES
DRIVE-THRU VEHICLE STACKING PROVIDED: 19 VEHICLES

SITE DATA
EASEMENT DATA:

EASEMENT FOR NON-EXCLUSIVE INGRESS & EGRESS,
RECORDED PARCEL MAP 17447, BK100, PG34 - ITEM 2

EASEMENT FOR POLE LINES, CONDUITS & UNDERGROUND
FACILITIES, RECORDED 03/09/1983 #44834 OR - ITEM 5
1 2
LEGEND:

LANDSCAPED AREA
PROJECT SCOPE OF WORK:

DEVELOP EXISTING VACANT LOT FOR NEW 1,300 SF DRIVE-THRU ONLY RESTAURANT BUILDING. PROVIDE NEW PAVING,

LANDSCAPING, SITE LIGHTING, SITE SIGNAGE, AND ON-SITE
STORM WATER RETENTION / FILTRATION SYSTEM.

SHEET NUMBER:

SHEET TITLE:

SCALE: AS SHOWN
STORE #:

PROJECT #: PROJECT NAME: PROJECT ADDRESS:

C 2022 STARBUCKS COFFEE COMPANY

R D E S I G N D E V E L O P M E N T O N L Y - N O T I N T E N D E D F O R C O N S T R U C T I O N U S E ISSUE DATE:
2401 UTAH AVENUE SOUTH
SEATTLE, WASHINGTON 98134
(206) 318-1575

STARBUCKS
R
DESIGN MANAGER:

DESIGNER OF RECORD:

MCG PROJECT #:

STARBUCKS TEMPLATE VERSION: i2020-04-20

ARCHITECT OF RECORD

22.321.05

THESE DRAWINGS AND THE PROJECT MANUAL ARE

CONFIDENTIAL AND SHALL REMAIN THE SOLE

PROPERTY OF STARBUCKS CORPORATION, WHICH IS
THE OWNER OF THE COPYRIGHT IN THIS WORK. THEY

SHALL NOT BE REPRODUCED (IN WHOLE OR IN PART),

SHARED WITH THIRD PARTIES OR USED IN ANY MANNER

ON OTHER PROJECTS OR EXTENSIONS TO THIS

PROJECT WITHOUT THE PRIOR WRITTEN CONSENT OF
STARBUCKS CORPORATION. THESE DRAWINGS AND

SPECIFICATIONS ARE INTENDED TO EXPRESS DESIGN

INTENT FOR A PROTOTYPICAL STARBUCKS STORE
(WHICH IS SUBJECT TO CHANGE AT ANYTIME) AND DO
NOT REFLECT ACTUAL SITE CONDITIONS. NEITHER

PARTY SHALL HAVE ANY OBLIGATION NOR LIABILITY TO

THE OTHER (EXCEPT STATED ABOVE) UNTIL A WRITTEN
AGREEMENT IS FULLY EXECUTED BY BOTH PARTIES.

09.28.2023
MCG ARCHITECTURE STARBUCKS AT PALM CANYON & RACQUET CLUB SEC W RACQUET CLUB RD & N PALM CANYON DR PALM SPRINGS, CA 92262 Revision Schedule
Rev Date By Description
N
0' 5' 10' 20'
NOTE: This information is conceptual in nature and is subject to SCALE: 1" = 10' adjustments pending further verification and Client, Tenant, and Governmental Agency approvals. No warranties or guaranties of any kind are given or implied by the Architect.

SITE PLAN
SP-01

TRASH ENCLOSURE PLAN VIEW
SCALE: 1/4" = 1'-0"
C.M.U. SCREEN WALL
SCALE: 1/4" = 1'-0"

SECTION ISOMETRIC VIEW

LIGHT STANDARD
SCALE: 1/4" = 1'-0"

TRASH ENCLOSURE PERSPECTIVE VIEW
Item 2B - Page 53
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TITLE - LEGAL DESCRIPTION VICINITY MAP
RESULT

PARCEL INFORMATION
N.T.S.

PREPARED BY:

COVER
1 OF 3
SHEET
1713 11TH STREET, SUITE 1
REEDLEY, CA 93654
PH:(559) 637-1544
SITE

1. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT. (NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF

SAID EASEMENT)
IN FAVOR OF: SOUTHERN CALIFORNIA EDISON COMPANY
PURPOSE: EITHER OR BOTH POLE LINES, CONDUITS OR UNDERGROUND FACILITIES RECORDED: DECEMBER 30, 1981 AS INSTRUMENT NO. 240411 OF OFFICIAL RECORDS

2. EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS DELINEATED OR AS OFFERED FOR DEDICATION, ON THE RECORDED MAP SHOWN BELOW:

MAP OF: PARCEL MAP 17447
RECORDED: IN BOOK 100, PAGE 34 OF MAPS
PURPOSE: NON-EXCLUSIVE INGRESS AND EGRESS

3. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT. (NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF

SAID EASEMENT)
IN FAVOR OF: GENERAL TELEPHONE COMPANY OF CALIFORNIA
PURPOSE: EITHER OR BOTH POLE LINES, CONDUITS OR UNDERGROUND FACILITIES RECORDED: JUNE 24, 1982 AS INSTRUMENT NO. 108604 OF OFFICIAL RECORDS

4. AN UNRECORDED LEASE WITH CERTAIN TERMS, COVENANTS, CONDITIONS AND PROVISIONS AS SET FORTH THEREIN AS DISCLOSED BY A DOCUMENT.

LESSOR: PALM SPRINGS ASSOCIATED LTD.

LESSEE: NAUGLES INC.

DISCLOSED BY SHORT FORM LEASE
RECORDED: JANUARY 6, 1983 AS INSTRUMENT NO. 3142, OF OFFICIAL RECORDS

THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN.

5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT. (NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF

SAID EASEMENT)
IN FAVOR OF: SOUTHERN CALIFORNIA EDISON COMPANY
PURPOSE: EITHER OR BOTH POLE LINES, CONDUITS OR UNDERGROUND FACILITIES RECORDED: MARCH 9, 1983 AS INSTRUMENT NO. 44384 OF OFFICIAL RECORDS

6. A DOCUMENT ENTITLED “COVENANT TO INSTALL STREET IMPROVEMENTS UPON NOTICE”, DATED JANUARY 11, 1984 EXECUTED BY THE CITY OF PALM SPRINGS AND RACQUET CLUB ASSOCIATES,

SUBJECT TO ALL THE TERMS, PROVISION(S) AND CONDITIONS THEREIN CONTAINED, RECORDED JANUARY 20, 1984 AS INSTRUMENT NO. 12711 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

REFERENCE IS HEREBY MADE TO SAID DOCUMENT FOR FULL PARTICULARS.

7. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT. (NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF

SAID EASEMENT)
IN FAVOR OF: R.A. FERRIER AS TRUSTEE OF THE JOSHUA TRUST AND MAC DONALD

ENTERPRISES, A CANADIAN CORPORATION
PURPOSE: INGRESS AND EGRESS
RECORDED: DECEMBER 30, 1985 AS INSTRUMENT NO. 293624 OF OFFICIAL RECORDS

8. MATTERS CONTAINED IN THAT CERTAIN DOCUMENT
ENTITLED: DECLARATION OF RECIPROCAL ACCESS EASEMENT AND SIGNAGE AGREEMENT RECORDING DATE: FEBRUARY 9, 2021
RECORDING NO: 2021-0087381 OFFICIAL RECORDS
REFERENCE IS HEREBY MADE TO SAID DOCUMENT FOR FULL PARTICULARS.

9. PLEASE BE ADVISED THAT OUR SEARCH DID NOT DISCLOSE ANY OPEN DEEDS OF TRUST OF RECORD. IF YOU SHOULD HAVE KNOWLEDGE OF ANY OUTSTANDING OBLIGATION, PLEASE CONTACT THE TITLE DEPARTMENT IMMEDIATELY FOR FURTHER REVIEW PRIOR TO CLOSING.

10. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT DISCLOSED BY THE PUBLIC RECORDS.

11. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION AND/OR BY A CORRECT ALTA/NSPS

LAND TITLE SURVEY OF SAID LAND THAT IS SATISFACTORY TO THE COMPANY, AND/OR BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF.

12. ANY RIGHTS OF THE PARTIES IN POSSESSION OF A PORTION OF, OR ALL OF, SAID LAND, WHICH RIGHTS ARE NOT DISCLOSED BY THE PUBLIC RECORDS.

THE COMPANY WILL REQUIRE, FOR REVIEW, A FULL AND COMPLETE COPY OF ANY

UNRECORDED AGREEMENT, CONTRACT, LICENSE AND/OR LEASE, TOGETHER WITH ALL

SUPPLEMENTS, ASSIGNMENTS AND AMENDMENTS THERETO, BEFORE ISSUING ANY POLICY OF TITLE INSURANCE WITHOUT EXCEPTING THIS ITEM FROM COVERAGE.

THE COMPANY RESERVES THE RIGHT TO EXCEPT ADDITIONAL ITEMS AND/OR MAKE ADDITIONAL REQUIREMENTS AFTER REVIEWING SAID DOCUMENTS.

TO: STARBUCKS CORPORATION, A WASHINGTON CORPORATION, AND ITS AFFILIATES,

KAIDENCE - PALM CANYON & RACQUET CLUB, LLC AND

CHICAGO TITLE COMPANY

THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH THE 2021 MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/NSPS LAND TITLE SURVEYS, JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND NSPS, AND INCLUDES ITEMS 1-5, 6(A), 8, 9, 11(A), 13, 14, 16, 17 & 19 OF TABLE A THEREOF.

THE FIELD WORK WAS COMPLETED ON 06/30/2022
DATE OF PLAT OR MAP 07/08/2022
_______________________________________________________________________________________________ NEIL ELLIOTT THONESEN, PLS 8656 DATE IN ACCORDANCE WITH SECTION 8770.6 OF THE BUSINESS AND PROFESSIONS CODE, STATE OF CALIFORNIA (PROFESSIONAL LAND SURVEYOR'S ACT, AS AMENDED JANUARY 1, 2006), THE USE OF THE WORD "CERTIFY" OR "CERTIFICATION" BY A LICENSED LAND SURVEYOR OR REGISTERED CIVIL ENGINEER IN THE PRACTICE OF PROFESSIONAL

ENGINEERING OF LAND SURVEYING OR THE PREPARATION OF MAPS, PLATS, REPORTS, DESCRIPTIONS, OR OTHER

SURVEYING DOCUMENTS ONLY CONSTITUTES AN EXPRESSION OF PROFESSIONAL OPINION REGARDING THOSE FACTS OR

FINDINGS WHICH ARE THE SUBJECT OF THE CERTIFICATION, AND DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE, EITHER EXPRESSED OR IMPLIED.

SURVEYOR'S STATEMENT
REVISIONS:

NO. DATE DESC.
07/08/2022 ORIGINAL ISSUE
STARBUCKS PROJECT REF. #
TOTAL AREA:

0.46 ACRES GROSS
20,022 SQ. FT. GROSS
CHECKED BY:

DRAWN BY:

PROJECT NO.
09/14/2022
NET
JDK
22078
SCALE:

DATE:

PROJECT INFO:
20,022 SQ. FT. NET

0.46 ACRES NET
09/14/2022 TITLE UPDATE

MAY AFFECT

DOCUMENT ILLEGIBLE
OWNER: GRAY1 DEL MAR, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY APN: 504-250-031
ZONING: NO ZONING REPORT PROVIDED SURVEYOR

CHICAGO TITLE INSURANCE COMPANY
ORDER NO.: 00176499-004-RL1-CFU
EFFECTIVE DATE: MAY 11, 2022 AT 7:30 A.M.

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF PALM SPRINGS, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL 1 OF LOT LINE ADJUSTMENT LLA 20-09-2444, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS EVIDENCED BY LOT LINE ADJUSTMENT GRANT DEED RECORDED FEBRUARY 16, 2021 AS INSTRUMENT NO. 2021-0096736, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

1. BASIS OF BEARINGS: THE CENTERLINE OF RACQUET CLUB ROAD PER LOT LINE ADJUSTMENT NO. 20-09-2444, FILED IN DOC. NO. 2021-0096736, OFFICIAL RECORDS OF RIVERSIDE COUNTY.

TAKEN TO BEAR: NORTH 89°38'00" WEST

2. BASIS OF ELEVATIONS: CITY OF PALM SPRINGS BENCHMARK ID 3-13, 2" C.P.S. BRASS CAP SET IN CONCRETE POST BEHIND S.E. M.O.C. OF RACQUET CLUB AND TUSCAN ROAD.

ELEVATION = 663.806' CITY DATUM.

3. SITE BENCHMARKS:

BASE CONTROL POINT NUMBER 1.

NAIL SET IN ASPHALT.

ELEVATION = 624.39', AS SHOWN ON SHEET 2.

4. THIS SURVEY IS VALID ONLY IF THE DRAWING INCLUDES THE SEAL AND SIGNATURE OF THE SURVEYOR.

5. CERTIFICATION IS MADE TO THE ORIGINAL PURCHASER OF THE SURVEY, IT IS NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS.

6. SUBSURFACE AND ENVIRONMENTAL CONCERNS WERE NOT EXAMINED OR CONSIDERED AS A PART OF THIS SURVEY.

7. THE LOCATIONS OF UNDER GROUND UTILITIES AS SHOWN HEREON ARE BASED ON ABOVE GROUND STRUCTURES AND RECORD DRAWINGS PROVIDED TO THE SURVEYOR. LOCATIONS OF UNDERGROUND UTILITIES/STRUCTURES MAY VARY FROM LOCATIONS SHOWN HEREON. NO EXCAVATIONS WERE MADE DURING THE PROCESS OF THIS SURVEY TO LOCATE UNDERGROUND UTILITIES/STRUCTURES. DEPTHS UNKNOWN.

8. EVERY DOCUMENT OF RECORD REVIEWED AND CONSIDERED AS A PART OF THIS SURVEY IS NOTED HEREON. ONLY THE DOCUMENTS NOTED HEREON WERE SUPPLIED TO THE SURVEYOR. THERE MAY EXIST OTHER DOCUMENTS OF RECORD WHICH WOULD AFFECT THIS PARCEL.

9. SUBJECT PROPERTY IS LOCATED WITHIN ZONE "X", AREAS WITHIN ZONE "X" ARE DETERMINED TO BE OUTSIDE OF THE 0.2% ANNUAL CHANCE FLOOD PLAIN, AS DETERMINED BY THE NATIONAL FLOOD INSURANCE PROGRAM, FLOOD INSURANCE RATE MAP FOR RIVERSIDE COUNTY, CALIFORNIA.

MAP NUMBER: 06065C1556G
EFFECTIVE DATE: 08/28/2008
SUBJECT PROPERTY IS ALSO LOCATED WITHIN ZONE "X SHADED", AREAS WITHIN ZONE "X SHADED" ARE DETERMINED TO BE AREAS OF 0.2% ANNUAL CHANCE FLOOD; AREAS OF 1% ANNUAL CHANCE FLOOD WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 1% ANNUAL CHANCE FLOOD, AS DETERMINED BY THE NATIONAL FLOOD INSURANCE PROGRAM, FLOOD INSURANCE RATE MAP FOR RIVERSIDE COUNTY, CALIFORNIA.

MAP NUMBER: 06065C1556G
EFFECTIVE DATE: 08/28/2008

10. DURING THE COURSE OF THE FIELD SURVEY THERE WAS NO OBSERVABLE EVIDENCE OF RECENT EARTH MOVING WORK.

11. DURING THE COURSE OF THE FIELD SURVEY THERE WAS NO OBSERVABLE EVIDENCE OF BUILDING CONSTRUCTION OR BUILDING ADDITIONS WITHIN RECENT MONTHS.

12. DURING THE COURSE OF THE ALTA SURVEY THERE HAVE BEEN NO CHANGES IN THE STREET RIGHT-OF-WAY LINES.

NO CHANGES TO STREET RIGHT-OF-WAY WERE MADE AWARE TO THE SURVEYOR.

13. DURING THE COURSE OF THE FIELD SURVEY THERE WAS NO OBSERVABLE EVIDENCE OF SITE USE AS A SOLID WASTE DUMP, SUMP OR SANITARY LANDFILL.

14. DURING THE COURSE OF THE FIELD SURVEY THERE WAS NO OBSERVABLE EVIDENCE OF A WETLANDS FIELD DELINEATION.

15. PARKING SPACE COUNT: 9 TOTAL PARKING SPACES, INCLUDING 1 HANDICAP STALLS

16. PROFESSIONAL LIABILITY INSURANCE POLICY IN THE MINIMUM AMOUNT OF $1,000,000 TO BE IN EFFECT THROUGHOUT THE CONTRACT TERM.

NOTES

SANITARY SEWER - CITY OF PALM SPRINGS - APPROXIMATE LOCATIONS PER OBSERVED EVIDENCE

STORM SEWER - CITY OF PALM SPRINGS - APPROXIMATE LOCATIONS PER OBSERVED EVIDENCE

WATER - DESERT WATER AGENCY - APPROXIMATE LOCATIONS PER OBSERVED EVIDENCE

GAS - SOUTHERN CALIFORNIA GAS - APPROXIMATE LOCATIONS PER OBSERVED EVIDENCE

ELECTRIC - SOUTHERN CALIFORNIA EDISON - APPROXIMATE LOCATIONS PER OBSERVED EVIDENCE

UTILITIES

PER COMMITMENT FOR TITLE INSURANCE

SCHEDULE B EXCEPTIONS

ALTA/NSPS LAND TITLE SURVEY

DOES AFFECT

AS SHOWN HEREON

DOES AFFECT

BLANKET IN NATURE

DOES AFFECT
PARCEL 2 OF PM 100-34

DOES NOT AFFECT
PARCEL 1 OF LLA

DOES AFFECT

AS SHOWN HEREON

DOES AFFECT

MAY AFFECT

NOT PLOTTABLE

NONE MADE AWARE

SURVEYOR

NONE MADE AWARE

SURVEYOR

ALTA SURVEY

AS SHOWN HEREON

NONE MADE AWARE

SURVEYOR

WEST RACQUET

CLUB ROAD

WEST VIA OLIVERA

WEST VIA ESCUELA

CANYON DRIVE NORTH PALM INDIAN CANYON DRIVE

EAST VISTA
CHINO

EASEMENT(S) NOT IN TITLE REPORT
20' WIDE EASEMENT FOR UTILITIES AND INCIDENTAL PURPOSES OF SOUTHERN CALIFORNIA EDISON CO. (FORMERLY SOUTH SIERRAS POWER CO.) PER BOOK 216, PAGE 526, O.R.

DOES AFFECT

BLANKET IN NATURE
Item 2B - Page 54
0 0
0 O'l / 111- / ;).;).

AL TA/NSPS LAND TITLE SURVEY
PREPARED FOR:

STARBUCKS

CORPORATION

SEC WEST RACQUET CLUB ROAD
& NORTH PALM CANYON DRIVE

PALM SPRINGS, CA
SECTION 3, T.4S, R.4E
618'
619'
620'
621'
622'
623'
624' 625'
624'
623'
625'
624'
626'
627'
628'
626'
625'
624' 623'
622'
621'
622'
621'
620'
619'
618'
617'
616'
614'
615'
617'
620'
617'
615'
619'
619'
617'
620'
620'
618'
617'
618'
617'
619' 618'
617' 618'
620'
619'
621'
622'
622'
623'

BASE CONTROL
POINT #1
N:2253787.40'
E:6470219.22'
EL:624.39'

NAIL SET
622'
622'
621'
620' 619' 620'
621'
622'

RACQUET CLUB ROAD

NORTH PALM CANYON DRIVE
W
W
W
W
W
W
W
W
W
W

W W W W W
W W
W
W
W
W
W
W
W
W
W
W
W
W
W
FEMA ZONE "X-SHADED"
FEMA ZONE "X"

BLOCK SIGN

BUILDING CANOPY

FULL OF DIRT

UNABLE TO OPEN
RIM = 620.29'

FL (NW) PER MARKOUT

FULL OF WATER

NO VISIBLE PIPES
BOTTOM = 612.95'
RIM = 620.23'

FL (NW) PER MARKOUT

FULL OF WATER

NO VISIBLE PIPES
BOTTOM = 613.09'

BLOCK WALL BLOCK WALL

BLOCK WALL

BUS STOP
8" SANITARY SEWER LINE
8" SANITARY SEWER LINE
PREPARED BY:

TOPO
2 OF 3
SHEET
1713 11TH STREET, SUITE 1
REEDLEY, CA 93654
PH:(559) 637-1544
REVISIONS:

NO. DATE DESC.
07/08/2022 ORIGINAL ISSUE
STARBUCKS PROJECT REF. #
TOTAL AREA:

0.46 ACRES GROSS
20,022 SQ. FT. GROSS
CHECKED BY:

DRAWN BY:

PROJECT NO.
09/14/2022
NET
JDK
22078
SCALE:

DATE:

PROJECT INFO:
20,022 SQ. FT. NET

0.46 ACRES NET
09/14/2022 TITLE UPDATE
SCALE: 1" = 30'
W

WOOD FENCE

SEWER LINE - UNDERGROUND

WATER LINE - UNDERGROUND

ELECTRIC LINE - UNDERGROUND

ELECTRIC LINE - OVERHEAD

TELEPHONE LINE - UNDERGROUND

METAL FENCE

WIRE FENCE

CHAIN LINK FENCE
ELEC. & TELE. LINE - OVERHEAD
AC
BLD
CNC
CR
EG
EP
FL
FM
FW
FWD
GB
IE
LIP
SS
ST
STB
STD
SW

TBC TOP BACK OF CURB

SIDEWALK

STRIPING - DOUBLE

STRIPING - BROKEN

STRIPING

SANITARY SEWER

LIP OF CURB

INVERT ELEVATION

GRADE BREAK

FENCE - WOOD

FENCE - WIRE

FENCE - METAL

FLOW LINE

EDGE OF PAVEMENT

EXISTING GRADE

CROWN OF ROAD

CONCRETE

BUILDING LINE

ASPHALT CONCRETE

FF FINISHED FLOOR

FFD FINISHED FLOOR DOUBLE

DW DRIVEWAY
Feet
0 30 60

STORM LINE - UNDERGROUND

UNKNOWN LINE - UNDERGROUND

TELEPHONE LINE - OVERHEAD

GAS LINE - UNDERGROUND

FLP FLOW LINE PIPE

PROPERTY BOUNDARY LINE

FEMA BOUNDARY LINE

BUILDING OUTLINE

CABLE LINE

ROAD CENTERLINE

GRADE BREAK

TFC TOP FACE OF CURB

ADJACENT PROPERTY LINE

SECTION LINE
1" = 20'

BS BUS STOP

HR HANDRAIL
LEGEND

BACKFLOW PREVENTOR
BENCH

BIKE RACK

BOLLARD
BUSH

CABLE - BOX

CABLE - MANHOLE

CABLE - RISER

CABLE - STRUCTURE

CABLE - VAULT
CACTUS

CONTROL - BRASS CAP

CONTROL - BRASS DISC

CONTROL - CHISELED CROSS

CONTROL - COTTON SPINDLE

CONTROL - IRON PIPE

CONTROL - NAIL FOUND

CONTROL - NAIL SET

CONTROL - REBAR FOUND

CONTROL - TAG
DOME

DOUBLE BACKFLOW PREVENTOR

ELECTRIC - BOX

ELECTRIC - CABINET

ELECTRIC - MANHOLE

ELECTRIC - METER

ELECTRIC - RISER

ELECTRIC - STRUCTURE

ELECTRIC - TRANSFORMER

ELECTRIC - VAULT

FIRE DEPARTMENT CONNECTION

FIRE HYDRANT

GAS - BOX

GAS - MANHOLE

GAS - METER

GAS - RISER

GAS - STRUCTURE

GAS - VALVE

GAS - VAULT

GUY WIRE

HOSE BIB

IRON PIPE FOUND

IRON PIPE SET

IRRIGATION CONTROL VALVE

LANDSCAPING LIGHT

LIGHT POLE
LIGHT POLE - 2 LIGHTS
LIGHT POLE - 3 LIGHTS
LIGHT POLE - 4 LIGHTS

LIGHT POLE - AREA

MAIL BOX

MONITORING WELL

POWER - POLE

ROOF DRAIN

SANITARY SEWER - BOX

SANITARY SEWER - CLEAN OUT

SANITARY SEWER - GREASE TRAP

SANITARY SEWER - MANHOLE

SANITARY SEWER - RISER

SANITARY SEWER - STRUCTURE

SANITARY SEWER - VALVE

SANITARY SEWER - VAULT
SIGN

SIGN - NO PARKING

SIGN - STOP

SIGN - YIELD

STORM DRAIN - BOX

STORM DRAIN - GRATE

STORM DRAIN - GRATE CIRCULAR

STORM DRAIN - MANHOLE

STORM DRAIN - RISER

STORM DRAIN - STRUCTURE

STORM DRAIN - VAULT

STORM DRAIN - GRATE INLET

STRIPING - ARROW LEFT

STRIPING - ARROW RIGHT

STRIPING - ARROW STRAIGHT

STRIPING - ARROW STRAIGHT LEFT

STRIPING - ARROW STRAIGHT RIGHT

STRIPING - HANDICAP

TELEPHONE - BOX

TELEPHONE - MANHOLE

TELEPHONE - RISER

TELEPHONE - STRUCTURE

TELEPHONE - VAULT

TELEPHONE CABINET

TRAFFIC SIGNAL

TRAFFIC SIGNAL - BOX

TRAFFIC SIGNAL - MANHOLE

TRAFFIC SIGNAL - RISER

TRAFFIC SIGNAL - SHORT

TRAFFIC SIGNAL - STRUCTURE

TRAFFIC SIGNAL - VAULT

TREE - DECIDUOUS

TREE - EVERGREEN

TREE - PALM

UNKNOWN - BOX

UNKNOWN - MANHOLE

UNKNOWN - METER

UNKNOWN - RISER

UNKNOWN - STRUCTURE

UNKNOWN - VALVE

UNKNOWN - VAULT

WATER - BOX

WATER - MANHOLE

WATER - METER

WATER - PUMP

WATER - RISER

WATER - STRUCTURE

WATER - VALVE

WATER - VAULT

WHEEL STOP

POST INDICATOR VALVE

STRIPING - AHEAD
Item 2B - Page 55
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AL TA/NSPS LAND TITLE SURVEY
PREPARED FOR:

STARBUCKS

CORPORATION

SEC WEST RACQUET CLUB ROAD
& NORTH PALM CANYON DRIVE

PALM SPRINGS, CA
SECTION 3, T.4S, R.4E
- - - -
50' 44'
50' 44'

SUBJECT PARCEL

0.46 ACRES +/-

RACQUET CLUB ROAD

NORTH PALM CANYON DRIVE
PARCEL 1
LLA NO. 20-09-2444
DOC. NO. 2021-0096736
PARCEL 2
LLA NO. 20-09-2444
DOC. NO. 2021-0096736

PARCEL D
LLA NO. 19-11-2444
DOC. NO. 2020-0195469
OWNER: GRAY 1 DEL MAR LLC
APN: 504-250-026

NOT A PART
OWNER: GRAY 1 DEL MAR LLC
APN: 504-250-029

NOT A PART
2 10'
5 20'
20'
30'
30'

ESTABLISHED AS THE NORTHEASTERLY
RIGHT-OF-WAY OF HIGHWAY 111 PER RS 10/96 AND
THE SOUTHWESTERLY LINE OF INST. NO. 28124 O.R.
20'
13'
142.37' (M&R1)
Δ
=12
8°47'01" (M&R1)
R
=
2 0.0 ' (M&R1)
L
=
4 4.95' (M&R1)
210.98' (M&R1)
S51°34'59"W 33.10' (M&R1)
S00°22'00"W 176.26' (M&R1)
S89°38'00"E
S38°25'01"E
S89°38'00"E 154.36' (M&R2)

11.99' S00°22'00"W 192.28' (M&R2)
S51°34'59"W 32.41'
S38°25'01"E 230.98' (M&R2)

20.00'
2 S51°34'59"W 32.42' (R2)
20' WIDE EASEMENT FOR UTILITIES AND INCIDENTAL PURPOSES OF SOUTHERN CALIFORNIA EDISON CO. (FORMERLY SOUTH SIERRAS
POWER CO.) PER BOOK 216, PAGE 526, O.R.
(NOT SHOWN IN TITLE) 1' 1' 10' 20' 20'
FOUND 2" IRON PIPE,
TAGGED, "LS 4693", DOWN 8"
FOUND TAG, "LS 4897", FLUSH
FOUND 2" IRON PIPE,
TAGGED, "LS 4693", DOWN 8"
FOUND 1" IRON PIPE,
TAGGED, "LS 4693", DOWN 3"
FOUND TAG, "LS 4897", DOWN 3"
SET TAG, "LS 8656",

FLUSH IN CONCRETE

SET IRON PIPE MONUMENT
1' SOUTH ALONG LINE, DOWN 1"

FOUND NAIL AND TAG,

NO MARKING, FLUSH
13'

SET COTTON SPINDLE AND
WASHER, TAGGED, "LS 8656",

FLUSH IN ASPHALT

APPROXIMATE TERMINATION

OF EASEMENT

FOUND AND ACCEPTED MONUMENT AS NOTED
SET 3/4" IRON PIPE, CAPPED "PLS 8656", DOWN 1", UNLESS OTHERWISE NOTED HEREON (M) MEASURED
(R1) RECORD AND CALCULATED DIMENSIONS PER LOT LINE ADJUSTMENT NO. 20-09-2444, FILED IN DOC. NO. 2021-0096736, OFFICIAL RECORDS OF RIVERSIDE COUNTY.

PREPARED BY:

BOUNDARY
3 OF 3
SHEET
1713 11TH STREET, SUITE 1
REEDLEY, CA 93654
PH:(559) 637-1544
SCALE: 1" = 30'
REVISIONS:

NO. DATE DESC.
07/08/2022 ORIGINAL ISSUE
STARBUCKS PROJECT REF. #
TOTAL AREA:

0.46 ACRES GROSS
20,022 SQ. FT. GROSS
CHECKED BY:

DRAWN BY:

PROJECT NO.
09/14/2022
NET
JDK
22078
SCALE:

DATE:

PROJECT INFO:
20,022 SQ. FT. NET

0.46 ACRES NET
09/14/2022 TITLE UPDATE
Feet
0 30 60
LEGEND
1" = 30'
Item 2B - Page 56
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--------------

ALTA/NSPS LAND TITLE SURVEY
PREPARED FOR:

STARBUCKS

CORPORATION

SEC WEST RACQUET CLUB ROAD
& NORTH PALM CANYON DRIVE

PALM SPRINGS, CA
SECTION 3, T.4S, R.4E

NOT FOR CONSTRUCTION
Item 2B - Page 57

COMBINATION FOREBAY
AND OVERFLOW OUTLET PR. 6" CURB 36" PRECAST BOX
618.9 TG PR. PCC
WALK PR. a• CURB 5•, WITH CURB CORE DRIU. 4
INV. 618.0 ADAPTOR PR. INFILTRATION BASIN
617.9 POND
- 615.9 BOT

FOREBAY OUTLET
CORE DRIU. BOX 8

OUTLET TO BASIN

BOTTOM WITH PVC

PIPE SLOPE ADAPTOR

SECTION A-A A-A
HORIZONTAL 1"=5' VERTICAL 1"=5' 1
1---------------CA-111 NORTH PALM CANYON DRIVE R/W (50.0')---------------i 1-----------{25.6'±) t.- _ __± __
b= EX. SURFACE
f- ---------- ====--- PR. RETAINING WALL I - - - - - - - - - - =r::-: MAX 3.5 RETAINING HEIGHT PR. PCC
WALK PR. BLDG
619.65 FF

SECTION B-B B-B
HORIZONTAL 1"=5' VERTICAL 1"=5' 1

SECTION C-C C-C
HORIZONTAL 1"=5' VERTICAL 1"=5' 1
'---PR. DRIVE THRU ____ .....,

WIDTH VARIES
PR. GUTTER PR. BLDG
619.65 FF
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\
4' H SCREEN WALL ALONG

PERIMETER OF DRIVE-THRU LANE
• •
• • • • • • • •
• • • • • • •
• • • • • • • • •
.
' . • •
(E) R.O.W. LANDSCAPED
AREA-~
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• • • • • • • • •
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. -~.:..~;_:_-:,_._,, __ ...
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PERIMETER OF DRIVE-THRU LANE
(E) SIDEWALK
(E) TRAN
""':!~!..,- - -- •
T
I
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---,------------·
I
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--ORDER BOARD 12'-0"
•-
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BOARD
\
\
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\ LOW 8" CMU RETAINING
, WALL ALONG DRIVE-THRU
\LANE AT THIS LOCATION
\
\
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• • • • • • • • • • • • •
• •
(E) CURB &

GUTTER-----
\ LOW 8" CMU RETAINING

WALL ALONG DRIVE-THRU
\ LANE AT THIS LOCATION
\
\
\
\
SHADE TABULATIONS \

SHADE REQUIRED SHADE PROVIDED
PARKING STALL AREA= I ,422 s.f.

SHADE AREA REQUIRED = 7 I I s.f.

SHADE PROVIDED = I ,OGO s.f.

SIZE OF TREE AT MATURllY -----
CLAIMED SHADE AREA----~
\
\
' \
CANOPY
OVERHANG, TYP.
-• r- ------------, I
9 HARDSCAPE I r-------7 C) I I
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EXISTING
DRIVE
AISLE
+
r----DRIVE-THROUGH LANE

EXIT/'THANKYOU' SIGN
Y!----- LIGHT

STANDARD,
TYP.

PLANT LEGEND

SYMBOL BOTANICAL NAME COMMON NAME SIZE
SHRUBS
0 0 *
~
@
* •
0 0 ©
*

GROUNDCOVER
_.,. . . .. •:. . . ·,·•.· ••. : .": :. -~ :. . . . ~-.: ·. ~- ,.· ... . .. :-,.:. ·· ..... · ., .. -~ .... --=..- . ;:-~ :: ... ::. -:.~ ;: :-?};;
. . . + + + + + + +
+ + + + + + +
+ + + + + + +
+ + + + + + +
+ + + + + + + . . .
• • • • • • •
• • • • • • • •
• • • • • • •
• • • • • • • •
• • • • • • •
• • • • • • • •
PARKINSONIA 'DESERT MUSEUM' PALO VERDE 3G" BOX
PROSOPIS 'PHOENIX' PHOENIX MESQUITE 3G" BOX
CHITALPA TASH. 'BURGUNDY CHITALFA 3G" BOX
LANTANA 'NEW GOLD' NEW GOLD LANTANA 5 GAL
HESPERALOE 'BRAKE LIGHTS' DWARF RED YUCCA 5 GAL
BOUGAINVILLEA 'ROSENKA' BOUNGAINVILLEA 5 GAL
AGAVE SPECIES AGAVE 5 GAL
HESPERALOE PARVIFLORA 'YELLOW' YELLOW YUCCA 5 GAL
MUHLENBERGIA RIGENS DEER GRASS 5 GAL
OLEA 'LITTLE OLLIE' DWARF OLIVE SHRUB 5 GAL
LEUCOPHYLLUM 'LYNN'S LEGACY' TEXAS RANGER 5 GAL
BACCHARIS PILULARIS COYOTE BUSH 5 GAL
ELAEAGNUS PUNGENS SILVERBERRY 5 GAL

ALOE 'BLUE ELF' BLUE ELF ALOE I GAL
CRUSHED PEA GRAVEL I /2" MINUS DESERT TAN 4" THICK MIN.

CAREX PRAEGRACILIS CALIFORNIA FIELD SEDGE I GAL@ 3' 0.C.

EXISTING LANDSCAPE$ IRRIGATION PROTECT-IN-PLACE
ADD 3" LAYER 1/2" MINUS "SHAMMY" COLORED CRUSHED PEA GRAVEL N
SCALE: 1" = 10'
O' 5' 10' 20'
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@ 2022 STARBUCKS COFFEE COMPANY
STARBUCKS®
2401 UTAH AVENUE SOUTH
SEATTLE, WASHINGTON 98134
(206) 318-1575

THESE DRAWINGS AND THE PROJECT MANUAL ARE

CONFIDENTIAL AND SHALL REMAIN THE SOLE

PROPERTY OF STARBUCKS CORPORATION, WHICH IS
THE OWNER OF THE COPYRIGHT IN THIS WORK. THEY

SHALL NOT BE REPRODUCED (IN WHOLE OR IN PART),

SHARED WITH THIRD PARTIES OR USED IN ANY MANNER

ON OTHER PROJECTS OR EXTENSIONS TO THIS

PROJECT WITHOUT THE PRIOR WRITTEN CONSENT OF
STARBUCKS CORPORATION. THESE DRAWINGS AND

SPECIFICATIONS ARE INTENDED TO EXPRESS DESIGN
INTENT FOR A PROTOlYPICAL STARBUCKS STORE
(WHICH IS SUBJECT TO CHANGE AT ANYTIME) AND DO
NOT REFLECT ACTUAL SITE CONDITIONS. NEITHER
PAR1Y SHALL HAVE ANY OBLIGATION NOR LIABILl1Y TO

THE OTHER (EXCEPT STATED ABOVE) UNTIL A WRITTEN
AGREEMENT IS FULLY EXECUTED BY BOTH PARTIES.

STARBUCKS TEMPLATE VERSION: i2020-04-20

KAIDENCE
GROUP

ADV I SORS

ARCHITECT OF RECORD
h . SM
mcgarc 1tecture.com
Q
z
:s rr" w w > > w z ~ w '--' Q
STORE#:

PROJECT#:

ISSUE DATE:

DESIGN MANAGER:
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11.11.2022
DESIGNER OF RECORD: MCG ARCHITECTURE
MCG PROJECT#: 22.321.05

DRIVE-THROUGH

PICK-UP WINDOW

ELECTRICAL
CLOSET

DRY STORAGE

BACK OF HOUSE

COLD STORAGE

ENTRY /
EXIT

EMPLOYEE
LOUNGE

DELIVERY

DROP ZONE

ROOF ACCESS
LADDER

ICE MACHINE
50'-8"
39'-3" 11'-5" 27'-8" 21'-4"
40'-6" 10'-2" 2'-1" 4'-0" 4'-0" 4'-0"

EMPLOYEE ONLY
ACCESSIBLE RESTROOM 3'-3"
METAL CANOPY, TYP. SLOPE 3/8" / FT.

SLOPE SLOPE
3/8" / FT.
3/8" / FT. SLOPE 3/8" / FT. SLOPE 3/8" / FT. SLOPE 3/8" / FT.

OPENING IN PARAPET WALL

FOR ROOF DRAINAGE AND
ACCESS TO MECH. EQUIPMENT

ROOF HATCH

ROOF DRAIN

AND OVERFLOW
HVAC
UNIT
HVAC
UNIT
SHEET NUMBER:

SHEET TITLE:

STORE #:

PROJECT #: PROJECT NAME: PROJECT ADDRESS:

C 2022 STARBUCKS COFFEE COMPANYR D E S I G N D E V E L O P M E N T O N L Y - N O T I N T E N D E D F O R C O N S T R U C T I O N U S E ISSUE DATE:
2401 UTAH AVENUE SOUTH
SEATTLE, WASHINGTON 98134
(206) 318-1575

STARBUCKS R
DESIGN MANAGER:

DESIGNER OF RECORD:

MCG PROJECT #:

STARBUCKS TEMPLATE VERSION: i2020-04-20

ARCHITECT OF RECORD

22.321.05

THESE DRAWINGS AND THE PROJECT MANUAL ARE

CONFIDENTIAL AND SHALL REMAIN THE SOLE

PROPERTY OF STARBUCKS CORPORATION, WHICH IS
THE OWNER OF THE COPYRIGHT IN THIS WORK. THEY

SHALL NOT BE REPRODUCED (IN WHOLE OR IN PART),

SHARED WITH THIRD PARTIES OR USED IN ANY MANNER

ON OTHER PROJECTS OR EXTENSIONS TO THIS

PROJECT WITHOUT THE PRIOR WRITTEN CONSENT OF
STARBUCKS CORPORATION. THESE DRAWINGS AND

SPECIFICATIONS ARE INTENDED TO EXPRESS DESIGN

INTENT FOR A PROTOTYPICAL STARBUCKS STORE
(WHICH IS SUBJECT TO CHANGE AT ANYTIME) AND DO
NOT REFLECT ACTUAL SITE CONDITIONS. NEITHER

PARTY SHALL HAVE ANY OBLIGATION NOR LIABILITY TO

THE OTHER (EXCEPT STATED ABOVE) UNTIL A WRITTEN
AGREEMENT IS FULLY EXECUTED BY BOTH PARTIES.

11.21.2022
MCG ARCHITECTURE STARBUCKS AT PALM CANYON & RACQUET CLUB SEC W RACQUET CLUB RD & N PALM CANYON DR PALM SPRINGS, CA 92262 Revision Schedule
Rev Date By Description N
P-01

SCHEMATIC FLOOR PLAN
SCALE: 1/4" = 1'-0"

SCHEMATIC ROOF PLAN
SCALE: 1/4" = 1'-0" N

FLOOR PLAN
ROOF PLAN FLOOR PLAN ROOF PLAN FP-1
Item 2B - Page 59

FINISHES

1. EXTERIOR CEMENT PLASTER FINISH

2. CMU BLOCK VENEER

3. METAL CANOPY

4. METAL TRIM, CORNICE, SEAL

5. METAL DOOR

6. ALUMINUM STOREFRONT

7. PLASTER REVEAL / SCORELINE
MATERIAL LEGEND:

COLORS
A. SW7757 "HIGH REFLECTIVE WHITE"
BY: SHERWIN WILLIAMS
B. SW6256 "SERIOUS GRAY"
BY: SHERWIN WILLIAMS
C. SW6005 "FOLKESTONE"
BY: SHERWIN WILLIAMS
D. BLACK ANODIZES
BY: KAWNEER
E. ASPEN MISSION
BY: MUTUAL MATERIALS
D. BLACK ANODIZES
BY: KAWNEER
C. SW6005 "FOLKESTONE"
BY: SHERWIN WILLIAMS
B. SW6256 "SERIOUS GRAY"
BY: SHERWIN WILLIAMS
A. SW7757 "HIGH REFLECTIVE WHITE"
BY: SHERWIN WILLIAMS
E. ASPEN MISION
BY: MUTUAL MATERIALS
2 E
1 A
7 -
4 B
3 B
6 D
3' - 0" 12' - 4" 38' - 4" 1' - 5"
2' - 0" 5' - 0" 1' - 6" 6' - 6" 3' - 0"
1' - 0"
9' - 6"
3' - 6" 4' - 0"
5 C
2 E
4 B
3 B
7' - 10" 21' - 3" 2' - 11" 17' - 4" 3 B 4 B
9' - 6" 7' - 0" 1' - 6"

AT DRIVE-THROUGH
10' - 0" CLEAR
6"

PICK-UP WINDOW
3' - 6"
1 C
1 A
4 B
2 E
7 -
2 E
3 B
12' - 9" 26' - 6" 12' - 5" 3' - 0"
20' - 0"
3 B
9' - 6"
3' - 0"
10' - 0"
17' - 0"
18' - 6"
6 D
1 C
7 -
17' - 4" 20' - 4" 8' - 2" 3' - 7" 1 A
9' - 6"
3 B
4 B
26' - 0"
20' - 0"

AT DRIVE-THROUGH
10' - 0" CLEAR

PICK-UP WINDOW
6"
3' - 0"
Scale: 3/16" = 1'-0"
6 SOUTH ELEVATION
Scale: 3/16" = 1'-0"
4 WEST ELEVATION
Scale: 3/16" = 1'-0"
3 NORTH ELEVATION
Scale: 3/16" = 1'-0"
5 EAST ELEVATION
SM

CLEVELANDDENVERGLENDORAIRVINEORLANDOPHOENIXSAN FRANCISCO DATE: 09/20/2023
MCG JOB #:

DATE: REVISIONS
MCG ARCHITECTURE 2023 ALL RIGHTS RESERVED
NOTE: This information is conceptual in nature and is
subject to adjustments pending further verification and Client, Tenant, and Governmental Agency approvals. No
warranties or guaranties of any kind are given or implied by the Architect. c
10/30/2023 11:58:49 AM N:\2022-IR\22321_KG_SBUX Shell_Palm Springs_CA\02_Arch\3-CD\1-Revit Files\22321_KG_SBUX Shell_Palm Springs_CA.rvt EL-1

STARBUCKS AT

PALM CANYON & RACQUET CLUB

SEC W RACQUET CLUB RD &

N PALM CANYON DR
PALM SPRINGS, CA 92262
22321 BUILDING ELEVATIONS
Scale:
1 NORTH EAST PERSPECTIVE
Scale:
2 SOUTH EAST PERSPECTIVE
10/27/2023 PLANNING COMMENTS
Item 2B - Page 60
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
(621')
(622')
(623')
(624')
(6
1 9
'
)
(6
2 0
'
)
(618')
(617')
(618')
(617')
(618')
(617')
(618')
(619')
(620')
(621
')
(622')
(623')
(621')
TSAL
PO
L
Y
N
YN
OL
LP
SA T
N
Y
L
OP
LAST

NYLOPLAST
D.T.O.
1,120 S.F.
8 W RACQUET CLUB ROAD
CA-111

N PALM CANYON DRIVE
PR. BLDG
619.65 FF

CONCEPTUAL GRADING NOTES

NOT FOR CONSTRUCTION
Item 2B - Page 61
Palm Canyon & Raquet Club Site Photographs
Item 2B - Page 62
Palm Canyon & Raquet Club Site Photographs
Item 2B - Page 63
Palm Canyon & Raquet Club Site Photographs
Item 2B - Page 64
5 ~----=------
Aspen Mission Stone Veneer – Starbucks 2466 N Palm Canyon Drive Item 2B - Page 65
Item 2B - Page 66
GRAYl DEL MAR, LLC
2356 Moore Street, Suite 200 San Diego, CA 92110 (619) 544·9174 July 19, 2023 RE: Parcel 1 - Art Colony Retail / Palm Springs
To Whom It May Concern,
This letter shall serve as the authorization to allow The Kaidence Group, LLC ( .. Developer") to submit and apply for all necessary entitlements and permits for the redevelopment of the property located at the SEC of Palm Canyon & Racquet Club in Palm Springs, California (Parcel I of Art Colony) currently owned by Gray 1 Del Mar, LLC {"Property Owner").

Below is the contact information for The Kaidence Group:

The Kaidence Group, LLC
C/O: Katie Rounds
4340 E. Indian School #21-266 Phoenix, AZ 85018
[email protected]
Phone: 480-269-6613 Please feel free to reach out if you have any questions or comments.

Sincerely,
~ 111
2356 Moore Street, Suite 200
San Diego, CA 92110
[email protected]
ATTACHMENT #D
Item 2B - Page 67
Item 2B - Page 68

PUBLIC INTEGRITY APPLICANT DISCLOSURE
Name (Print last, first, middle initial) E-mail Address Wong, Kayman [email protected]
Position/Title
President
Address
5070 N. 40th Street Suite 210 Phoenix, Arizona 85018
Work Phone: 480-269-1235 Reporting Status
Cell Phone: 480-363-6185 New Disclosure: None
Update:

Every applicant that is not an individual natural person, or comprised exclusively of natural persons with no outside investors, must disclose to the City the identity of each natural person who holds or occupies a significant position with respect to that applicant entity or any entity that owns an interest or derives profits with respect to the applicant entity, i.e., a sub-entity.

In addition, every applicant must disclose to the City the identity of each owner or investor who has both of the following: (i) an ownership interest in the applicant entity with a value of two thousand dollars ($2,000.00) or more, and (ii) a material financial relationship with any official who has the opportunity to vote upon, or advocate for a particular result or outcome with respect to the application in question.

A "significant position" shall be defined as follows:
i. Officers and Directors (in the instance of a corporation); ii. Members and Managers (in the instance of limited liability company); or iii. Trustees and other Fiduciaries (in the instance of a trust or another organization).

A "material financial relationship" shall be defined as a relationship between an owner or investor on one hand, and a voting or potentially advocating official on the other hand, whereby the official has an interest in the outcome of the City's action upon the application in question arising from or related to any of the following:

1. Any business that the owner or investor in the applicant and the official do together during the year prior to the filing of the application;

2. Any income that the official has earned from the owner or investor in the applicant entity during the year prior to the filing of application;

3. One or more gifts, that the owner or investor in the applicant has given to the official during a year prior to the filing of the application with a total of more than fifty dollars;

4. Any money or value that the official will or might reasonably be anticipated to gain or lose, based upon the ownership interest of the owner or investor in the applicant entity, in relation to the outcome of the City's action upon the application.

Item 2B - Page 69
Organization I Type of organization: Ownership Interest: Position: No (include the address, city and state where the longer the organization is located) held:
1 "iJ[rv<c ti£ov/? LL-CJ,,
_, ¥3¥<7 e. /fto/f44SC/f0c;)<-~ :u~~ /oo;1c; f((H&')Z__ f?lfvUr;c: 4 ~ ~5o/<f' 2 3
4 5.

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

Date
7-25-2023
On the basis of information contained in this report, I conclude that the filer is in compliance with Palm Springs Municipal Code Section 2.60, except as noted in the "comments" box below.

Comments:

Signature and Title of Agency's Final Reviewing Official ATTACHMENT #E
Item 2B - Page 70
RESOLUTION NO. 1038

A RESOLUTION OF THE ARCHITECTURAL REVIEW COMMITTEE OF THE

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MAJOR
ARCHITECTURAL APPLICATION FOR A ROUGHLY 1,150-SQUARE FOOT DRIVE-THROUGH COFFEE SHOP ON A 0.46-ACRE LOT LOCATED AT 2466 NORTH PALM CANYON DRIVE, APN: 504-250-031, ZONE: PD 113, GENERAL PLAN: MIXED-USE, (CASE AR-2023-0083; RELATED CASES: DP-2023-0018 / CUP-2023-0020 / VAR-2023-0007), SUBJECT TO CONDITIONS OF APPROVAL THE ARCHITECTURAL REVIEW COMMITTEE FINDS AND DETERMINES AS FOLLOWS:

A. WHEREAS, the Kaidence Group, LLC, submitted a major architectural application, development permit, conditional use permit and variance application seeking approval to develop a roughly 1,150-square foot, drive-through coffee shop with associated landscaping and off-street parking on a 0.46-acre lot located at 2466 North Palm Canyon Drive; and B. WHEREAS, a notice of public hearing of the Planning Commission to consider the development permit, variance and conditional use permit applications was published in accordance with applicable law; and
C. WHEREAS, a public hearing of the Planning Commission to consider the applications was held on October 25, 2023; and
D. WHEREAS, at said meeting, the Planning Commission carefully reviewed and considered all the evidence presented in connection with the application including, but not limited to the staff report, and all written and oral testimony presented and voted 3 to 2 (Weremuik, Rotman opposed) to approve the development permit, conditional use permit and variance application and to recommend approval of the major architectural application by the Architectural Review Committee; and
E. WHEREAS, on November 6, 2023, a public meeting of the Architectural Advisory Committee was held in accordance with applicable law to consider the Major Architectural application; and
F. WHEREAS, at said meeting the Architectural Advisory Committee carefully reviewed and considered all the evidence presented in connection with the application including but not limited to the staff report, and all written and oral testimony presented.

NOW, THEREFORE, THE ARCHITECTURAL ADVISORY COMMITTEE OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

Item 2B - Page 71
Architectural Advisory Committee Resolution No. 1038
Case AR-2023-0083 Coffee Shop at 2466 N Palm Canyon Drive

Page 2 of 5 ends

SECTION 2. On October 25, 2023 the Planning Commission evaluated the project pursuant to the California Environmental Quality Act (“CEQA”) and determined it to be Categorically Exempt from further analysis under CEQA as a Class 32 “Infill Development”. The project meets the definition of infill development as follows: (a) the project is consistent with the General Plan and the Zoning Code, (b) it occurs within the City limits on a parcel less than 5 acres and is surrounded by urban uses, (c) the parcel has no value as habitat for endangered or rare species, (d) approval of the project will not result in adverse impacts related to traffic, noise, air or water quality, and (e) the site is adequately served by all required utilities and services.

SECTION 3. The Architectural Review Committee has evaluated the proposed project pursuant to the findings and guidelines for approval of a Major Architectural application outlined in Zoning Code Section 94.04.00 (E) as follows:

Criteria and Findings [PSZC 94.04.00(E)] Compliance

1. The architectural treatment is consistent on all four sides of the proposed building(s), unless otherwise approved by the ARC; Y
The architectural treatment consists of stucco, brick veneer in a stack bond pattern, glass and metal. The building has greater architectural articulation / fenestration on the elevations facing the parking lot and adjacent parcel.

2. The design of accessory structures, such as carports, cabanas, & similar accessory structures, shall be consistent with the form, materials & colors of the principal building(s), unless otherwise approved by the ARC; Y
A trash enclosure with welded wire roof and security bars is proposed in the parking lot. It is proposed in the same colors and materials as the main building.

3. The façade elements and fenestration are composed in a harmonious manner;
Y
The building essentially contains a coffee / prep kitchen with a servicewindow for the drive-through. There are no windows except on the east façade and at the service / pick-up window. The north and south facades are composed of simple white stucco with control joints and a wainscot of stacked brick veneer. The west façade is covered in a stack bond brick veneer which wraps around the north and south facade.

Item 2B - Page 72
Architectural Advisory Committee Resolution No. 1038
Case AR-2023-0083 Coffee Shop at 2466 N Palm Canyon Drive

Page 3 of 5 ends

Criteria and Findings [PSZC 94.04.00(E)] Compliance

4. The proposed materials are consistent with the context of the site, adjacent buildings, and the desert environment; Y
Existing buildings in the vicinity of the project site are eclectic in their appearance, with most comprised of painted stucco. The proposed building materials including painted stucco, stack bond veneer block, break-metal fascia and black anodized storefront are generally consistent with other buildings in the vicinity.

5. The proposed color scheme is appropriate to the desert environment and consistent with the site context; Y
The building is proposed to be painted white with grey and black accent colors and window frames. The stack-bond masonry veneer is proposed in a neutral tan color and overall is the color scheme is subtle and simple.

6. Shading devices and sun control elements, excluding landscape materials, are provided to address environmental conditions and solar orientation;
Y, partially
Zoning Code section 93.06.00 (C,18,b) denotes that “Vehicles at service windows or machines shall be provided with a shade structure.” The proposed building has a 4’-7” projecting eave at the pick-up window and small canopy that extends over the order station / menu board. small canopy that extends over the order station / menu board. The Planning Commission conditioned its approval on requiring the applicant to provide an architecturally integrated shade structure at the pick-up window. Although shade trees are proposed, there is no shade structure at the west-facing order machine.

7. The proposed landscape plan is consistent with the requirements of PSMC Chapter 8.60;
Y, as
conditioned
The project is required to conform to PZMC 8.60 and a condition of approval has been included.

8. The proposed landscape plan is consistent with all applicable zoning requirements, including any streetscape requirements, landscape buffer requirements, and screening requirements;
Y, as
conditioned.

The landscape plan includes several shade trees along the perimeter of the site and at the parking lot and queueing lanes for the drive through.

The open areas of the site are proposed with a good mixture of drought tolerant plants arranged in a good composition. The applicant will be required to spread pea gravel in the street-fronting existing landscape beds with appropriate weed barrier. A smaller alternative shrub to the Texas Ranger along the south side of the building is recommended given Item 2B - Page 73
Architectural Advisory Committee Resolution No. 1038
Case AR-2023-0083 Coffee Shop at 2466 N Palm Canyon Drive

Page 4 of 5 ends

Criteria and Findings [PSZC 94.04.00(E)] Compliance
the narrowness of this area. The Planning Commission conditioned its approval on providing 36” minimum box shade trees at 15’ on center along the street-front sides of the parcel.

9. The shading for pedestrian facilities on the subject site or abutting public right(s)-of-way is adequate; Y
The project provides several shade trees along the perimeter of the parcel that once mature, will provide shade along the perimeter sidewalks.

10. The proposed lighting plan is consistent with the requirements of PSZC Section 93.21.00, and the proposed lighting will not materially impact adjacent properties;
Y, as
conditioned
The project is conditioned to provide a photometric site plan prior to issuance of building permits to demonstrate conformance with the City’s outdoor lighting ordinance.

11. Appropriateness of signage locations and dimensions relative to the building façade(s), or appropriateness of the site location for any freestanding signage, as may be warranted for the development type; NA
No signage is proposed with the current applications. Signage will be reviewed at staff level at a later time for conformance with the City’s sign ordinance.

12. Screening is provided for mechanical equipment and service yards, so as to screen such facilities from view from public rights-of-way and abutting properties;
Y
The building is provided with parapets that will screen roof-mounted mechanical equipment. Electrical gear is provided in an enclosed closet integrated with the building.

13. The proposed application is consistent with any adopted design standards of an applicable specific plan, planned development district, or other applicable adopted design standards and regulations.

NA
NA, there are no design guidelines applicable to this property.

Based on the entire record before the Architectural Review Committee and the findings made in the staff report and this resolution, the Architectural Review Committee of the City of Palm Springs, California hereby approves Case AR-2023-0083, a major architectural application for development a roughly 1,150-square foot, drive-through coffee shop with associated landscaping and off-street parking on a 0.46-acre lot located at 2466 North Palm Canyon Drive; Item 2B - Page 74
Item 2B - Page 75
Architectural Advisory Committee Resolution No. 1038
Case AR-2023-0083 Coffee Shop at 2466 N Palm Canyon Drive

Page 5 of 5 ends

(APN: 504-250-031), subject to the conditions of approval outlined in the attached Exhibit "A

APPROVED AND ADOPTED BY THE PALM SPRINGS ARCHITECTURAL REVIEW COMMITTEE ON THIS SIXTH DAY OF NOVEMBER 2023.

AYES: DOCZI, THOMPSON, MCCOY, WALSH, POEHLEIN
NOES: NONE
ABSENT: JAKWAY
ABSTAINED: NONE ATTEST:
cJclL--
Christopher Hadwin, Director of Planning Services
City of Palm Springs, California
RESOLUTION NO. 1038

EXHIBIT A
DP-2022-0018 / CUP-2022-0020 / VAR-2023-0007 / AR-2023-0083 A Drive-through Coffee Shop at 2466 N. Palm Canyon Drive November 6, 2023

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

ADM 5. The owner/applicant shall defend, indemnify, and hold harmless the City of Palm Springs, its elected officials, agents, officers, and employees (“Indemnitees”) from any claim, action, or proceeding against the City of Palm Springs or any Indemnitee(s), arising, in any way, out of the activities authorized by this Land Use Permit. The City will promptly notify the applicant of any such claim, action, or proceeding and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City fails to promptly notify the applicant of any such claim, action or proceeding or fails to Item 2B - Page 76
Exhibit “A” ARC Reso #1038 –
Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007 Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023

Page 9 of 11 ends

This condition shall be included in the recorded covenant agreement for the property if required by the City.

ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter

2.05.00. Permits will not be issued until the appeal period has concluded.

Item 2B - Page 77
Exhibit “A” ARC Reso #1038 –
Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007 Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023

Page 9 of 11 ends

Item 2B - Page 78
Exhibit “A” ARC Reso #1038 –
Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007 Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023

Page 9 of 11 ends

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

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

Item 2B - Page 79
Exhibit “A” ARC Reso #1038 –
Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007 Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023

Page 9 of 11 ends

PLN 7. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems.

PLN 8. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan.

PLN 11. Signage not a part. Approvals for signage associated with the proposed development are not a part of this approval. Signage conforming to the City’s sign ordinance shall be submitted to the City Planning Department and be processed separately from any approvals granted herein.

PLN 12. Landscape. The applicant shall provide pea gravel in neutral tan/beige color with weed barrier in all planter beds on the project site and along the streetfronting landscape beds in the public right-of-way. The applicant shall provide a smaller alternative shrub to the Texas Ranger along the south side of the building given the narrowness of this planting bed.

PLN 13. Shade trees. Provide shade trees spaced at 15 feet on center along the street frontages.

PLN 14. Shade structure at pick-up window. Provide a code-required shade structure integrated with the building architecture at the pick-up window.

PLN 15. Provide Revised Building Elevations with greater detail for the rear and side elevations of the proposed building.

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

Item 2B - Page 80
Exhibit “A” ARC Reso #1038 –
Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007 Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023

Page 9 of 11 ends

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

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

All grading plans, improvement plans, required studies and documents listed below, must be submitted to Engineering Services Department for review and approval.

NORTH PALM CANYON DRIVE (HIGHWAY 111)
ENG 3. Remove and replace existing driveway approach in accordance with City of Palm Springs Standard Drawing No. 205.

Item 2B - Page 81
Exhibit “A” ARC Reso #1038 –
Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007 Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023

Page 9 of 11 ends

ENG 5. Remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards.

ENG 6. All broken or off grade street improvements along the project frontage shall be repaired or replaced.

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

SANITARY SEWER
ENG 11. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes.

ENG 13. Construct an 8 inch V.C.P. sewer main extension along the frontage of APN 504-250-032 to 504-250-31, located 5 feet from centerline or as required by Item 2B - Page 82
Exhibit “A” ARC Reso #1038 –
Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007 Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023

Page 9 of 11 ends

the City Engineer and connect to the existing public sewer system in Racquet Club Road. All sewer mains constructed by the applicant and to become part of the public sewer system shall be digitally video recorded by the City prior to acceptance of the sewer system for maintenance by the City. Any defects of the sewer main shall be removed, replaced, or repaired to the satisfaction of the City Engineer prior to acceptance.

ENG 14. All sewer mains constructed by the developer and to become part of the City sewer system shall be digitally video recorded (Developer shall contact City treatment plant facility for acceptable digital video format) and submitted to the City for review prior to acceptance of the sewer system for maintenance by the City. Any defects of the sewer main shall be removed, replaced, or repaired to the satisfaction of the City Engineer prior to acceptance.

GRADING
ENG 16. Submit a Precise Grading Plan prepared by a California licensed civil engineer to the Engineering Services Department for review and approval.

Page 9 of 11 ends

(AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Services Department with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related “PM10” Dust Control issues, please contact AQMD at (909) 396-3752, or at http://www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Services Department prior to approval of the Grading plan. b. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report; a copy of the project-specific Final Water Quality Management Plan.

Item 2B - Page 84
Exhibit “A” ARC Reso #1038 –
Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007 Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023

Page 9 of 11 ends

ENG 22. A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Services Department with the first submittal of a grading plan.

WATER QUALITY MANAGEMENT PLAN
ENG 25. This project shall be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP’s) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised Item 2B - Page 85
Exhibit “A” ARC Reso #1038 –
Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007 Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023

Page 9 of 11 ends

that installation of BMP’s, including mechanical or other means for pretreating contaminated stormwater and non-stormwater runoff, shall be required.

ENG 27. Prior to issuance of any grading or building permits, the property owner shall record a “Covenant and Agreement” with the County-Clerk Recorder or other instrument on a standardized form to inform future property owners of the requirement to implement and maintain the approved Final ProjectSpecific Water Quality Management Plan (WQMP). Other alternative instruments for requiring implementation of the approved Final ProjectSpecific WQMP include: requiring the implementation of the Final ProjectSpecific WQMP in Home Owners Association or Property Owner Association Covenants, Conditions, and Restrictions (CC&Rs); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Community Service Areas responsible for implementing the Final ProjectSpecific WQMP; or equivalent. Alternative instruments must be approved by the City Engineer prior to issuance of any grading or building permits.

ENG 29. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer.

Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention Item 2B - Page 86
Exhibit “A” ARC Reso #1038 –
Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007 Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023

Page 9 of 11 ends

basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. No more than 40-50% of the street frontage parkway/setback areas should be designed as retention basins. On-site open space, in conjunction with dry wells and other subsurface solutions should be considered as alternatives to using landscaped parkways for on-site retention.

ENG 30. The project is subject to flood control and drainage implementation fees.

The acreage drainage fee at the present time is $7746.89 per acre in accordance with Resolution No. 15189. Fees shall be paid prior to issuance of a building permit.

ENG 31. Submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer.

ENG 33. All proposed utility lines shall be installed underground.

ENG 34. All existing utilities shall be shown on the improvement plans if required for the project. The existing and proposed service laterals shall be shown from the main line to the property line.

Item 2B - Page 87
Exhibit “A” ARC Reso #1038 –
Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007 Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023

Page 9 of 11 ends

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

93.02.00, D.

ENG 39. This property is subject to the Coachella Valley Multiple Species Habitat Conservation Plan Local Development Mitigation Fee (CVMSHCP-LDMF).

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

Item 2B - Page 88
Exhibit “A” ARC Reso #1038 –
Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007 Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023

Page 9 of 11 ends

ENG 43. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit.

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

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

FID 4. Plans and Permits (CFC 105.1):

Plans shall be submitted to:

City of Palm Springs
Building and Safety Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Counter Hours: 7:30 AM – 5:30 PM, Monday – Thursday
Item 2B - Page 89
Exhibit “A” ARC Reso #1038 –
Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007 Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023

Page 9 of 11 ends

A deposit for plan check and inspection fees is required at the time of plan submittal. These fees are established by resolution of the Palm Springs City Council.

FID 7. Turning Radius: Fire access road turns and corners shall be designed with a minimum inner radius of 25 feet and an outer radius of 43 feet.

FID 8. Dead Ends: Dead-end fire apparatus roads in excess of 150 feet in length shall be provided with an approved area for turning around a fire apparatus.

Item 2B - Page 90
Exhibit “A” ARC Reso #1038 –
Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007 Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023

Page 9 of 11 ends

FID 9. Designated Fire Lanes: In private developments fire lanes shall not be less than 24 feet in width (curb to curb) with no parking on either side and shall be identified.

FID 10. Private Fire Hydrants: This development may require private fire hydrants Please speak with Desert Water Agency.

FID 11. Fire Extinguishers: Fire Extinguisher shall be required every 75 feet of travel.

END OF CONDITIONS
Item 2B - Page 91
ATTACHMENT #F
Item 2B - Page 92
From: Lorie Helman
To: Planning
Subject: Case DP-2023-0018 / Cup-2023-0020
Date: Tuesday, October 10, 2023 10:43:29 AM
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.

To: Christopher Hadwin, Director of Planning Services
Re: Proposed Drive-through Coffee Shop, 2466 North Palm Canyon Drive We are writing in response to the notice we received regarding the Planning Commission of the City of Palm Springs public hearing on October 11, 2023.

With regard to the above-referenced case, we want to strongly object to the proposed drivethrough coffee shop.

There is already a coffee establishment called 4 Paws Coffee Co. located at 2500 North Palm Canyon Drive, Suite A5. Hence, this is literally adjacent to the proposed drive-through coffee shop.
4 Paws Coffee Co. is a quality local business devoted to their loyal customer base and community, offering delicious food and beverage prepared with love. Additionally, they are a great first stop for thirsty and hungry visitors as they arrive into town and provide an equally great send-off as tourists head out, serving as an “ambassador” of sorts to our beloved Palm Springs.

As their name implies, 4 Paws Coffee Co. has an affinity for dogs who are always welcome (and receive a special treat!), but equally wonderful is their commitment to give back to local animal shelters.

We are assuming that the proposed business is a corporate one and that is something this community does not need as it ruins the character of our fine city. 4 Paw Coffee Co. is everything a local business should be and we should support local. Furthermore, it is totally offensive that there would be any consideration for this given the extreme close proximity of the proposed business to the well-established local one.

Respectfully submitted,
Andrew & Lorie Helman
Loyal customers to 4 Paws Coffee Co. and local residents/homeowners 486 Paragon Loop
Palm Springs, CA 92262
Item 2B - Page 93
From: Dawn Medina
To: Planning
Cc: lanette howard; Dawn Medina
Subject: Fwd: Agenda and link
Date: Wednesday, October 11, 2023 4:38:41 PM
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.

To: Respected City Council Members and Planning Commission Members From: Owners and Founders of a locally owned and operated Coffee Shop, dba 4 Paws Coffee Co. - Lanette Howard and Dawn Medina
Located at: 2500 N. Palm Canyon Drive A5
Founded: November 6th, 2017
Website: 4 Paws Coffee Co.

Yelp: 4 Paws Coffee on Yelp
We are writing to you today to express our deep opposition to the proposed project of adding a drive thru coffee shop on the North end of Palm Springs, located at 2466 N. Palm Canyon Drive.

We know that the company that proposed this location is a large International chain and that it will more than likely negatively impact not just our concept, but also several other small coffee shop business owners as well within a 3 mile radius.

We find this proposal to be completely disappointing coming from this small town of 45,000 residents according to the government quick facts census.gov website, as we all know that this past Summer in Palm Springs was very slow, even compared to Pre-Covid, 2019 financial data. Having started our business at the time we did, we have had an exceptionally rough run, given the pandemic within our first 4 years of operation and yet we have remained loyal and committed to keep the doors open. The addition of any new coffee shop on the North side of Palm Springs is unwelcomed and frankly fiscally irresponsible as it will clearly result in some closures given there are 28 coffee concepts within a 1.8 mile radius as of today.

On a personal level, as a resident of almost 10 years now, I find it unacceptable to add another large corporate entity, that already has 5 existing locations within this small city, to the once charming and unique collection of small business owners that you can only find in Palm Springs California. Our concept is unique in that we give a bit back to our furry friends community (Sunset Rescue Ranch to name one) while serving delicious coffee, tea and food offerings.

We once had plans of retiring in Palm Springs while running our small concept during retirement in the land of opportunity and yet it seems more often than not lately, monopolizing large businesses continue to dominate, even in small towns.

Planning Commissioners,
Kathy Weremiuk, Chair
Item 2B - Page 94
Lauri Aylaian, Vice Chair
Carl Baker
Scott Miller
David Murphy
JR Roberts
Robert Rotman
We are imploring you to turn down this concept as we are already saturated with coffee shop choices in Palm Springs so that all of us in this community will benefit from choosing our current, diverse offerings and enable entrepreneurship to thrive in this beautiful city.

Sincerely and Respectfully,
Dawn Medina and Lanette Howard,
Founders of 4 Paws Coffee Co.
---------- Forwarded message ---------
From: Dawn Medina <[email protected]>
Date: Wed, Oct 11, 2023 at 3:51 PM
Subject: Agenda and link
To: lanette howard <[email protected]>, Dawn Medina
<[email protected]>

PLANNING COMMISSION

CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber
3200 East Tahquitz Canyon Way, Palm Springs, California www.palmspringsca.gov
AGENDA
Pursuant to Assembly Bill 361, this meeting will be conducted by teleconference and there will be no in-person public access to the meeting location.

View the Planning Commission meeting live at the City’s website: www.palmspringsca.gov/pstv, YouTube, or Channel 17 (Spectrum). Meetings are re-broadcast (following the meeting) on Wednesday at 1:30 pm and Sunday at 1:30 pm.

To provide public comments at the meeting, please use the following link: https://us02web.zoom.us/j/85380718966?
Item 2B - Page 95

CITY COUNCIL STAFF REPORT
12/14/2023 BUSINESS & LEGISLATIVE
SUBJECT:

APPROVE FUNDING IN AN AMOUNT UP TO $20 MILLION TO ASSIST THE

PLAZA THEATRE FOUNDATION WITH THE RESTORATION OF THE PLAZA THEATRE; APPROVE FUNDING AND REPAYMENT AGREEMENT BETWEEN THE

CITY OF PALM SPRINGS AND THE PALM SPRINGS PLAZA THEATRE

FOUNDATION
RECOMMENDATION:

Approve the Funding and Repayment Agreement with the Palm Springs Plaza Theatre Foundation and the City of Palm Springs for an amount up to $20 million, with direction on:
i) An overall funding amount,
ii) Funding sources to use and what amounts, and
iii) A payback amount.

Attachments
Item 3A

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 14, 2023 BUSINESS & LEGISLATIVE
SUBJECT: APPROVE FUNDING IN AN AMOUNT UP TO $20 MILLION TO ASSIST

THE PLAZA THEATRE FOUNDATION WITH THE RESTORATION OF
THE PLAZA THEATRE; APPROVE FUNDING AND REPAYMENT

AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE PALM

SPRINGS PLAZA THEATRE FOUNDATION
FROM: Scott C. Stiles, City Manager
BY: Department of Finance and Treasury
SUMMARY:

The City Council will consider approval of a Funding and Repayment Agreement between the City of Palm Springs and the Plaza Theatre Foundation for an amount up to $20 million to assist the Plaza Theatre Foundation in the restoration of the Plaza Theatre. The Agreement will include a payback clause that will allow for an amount to be repaid to the City.

RECOMMENDATION:

1. Approve the Funding and Repayment Agreement with the Palm Springs Plaza Theatre Foundation (Attachment A) and the City of Palm Springs for an amount up to $20 million, with direction on:
i) An overall funding amount,
ii) Funding sources to use and what amounts, and
iii) A payback amount.

BACKGROUND:

The City of Palm Springs acquired the historic Plaza Theatre from the City’s former Redevelopment Agency in 2015. At the time, the California Department of Finance (DOF), which has final authority over the disposition of former Redevelopment Agency properties, approved the conveyance of the Theatre to the City with the understanding that the Theatre has a historic designation and cannot be demolished. The DOF specifically required that the City secure a new operator with conditions that the property will be maintained as a historic structure and performing arts venue.

Item 3A - Page 1
City Council Staff Report
December 14, 2023 -- Page 2
Plaza Theatre Foundation Funding
On January 27, 2022, the City Council approved a Memorandum of Understanding (MOU) between the City of Palm Springs and the Palm Springs Plaza Theatre Foundation, which had been formed to raise funds for the restoration of the Plaza Theatre.

The original budget with the estimate of construction at $16.5 million is now approximately $26.3 million, plus construction administration of $487,500 for management and inspection services, $70,000 for community workforce agreement administration, a 12.5% contingency on construction itself, startup costs of $2.5 million, and $1.3 million for design services/construction documents. Please see the table below for the current budget.

Request for Bidding Process and Analysis:
• On June 29, 2023, with construction documents completed, City Council approved the Project for advertising and soliciting bids for construction services. Staff advertised the Project to plans rooms, the local paper, and through PlanetBidsTM with an engineer’s estimate of $16,500,000. A total of five bids were received at the time of bid closing.
• Though the first and second lowest bids came in at $2,706,590 and $17,375,000 respectively, they were found non-responsive and contained significant errors in their accounting/costs. The remaining three bids ranged from $26,322,000 to $26,999,757, indicating the true price to construct this Project.

STAFF ANALYSIS:

The Plaza Theatre Foundation has raised approximately $14 million ($2 million of which is committed by the City of Palm Springs) to help with the restoration of the Plaza Theatre.

The Foundation has requested from the City the additional $20 million needed to begin construction (Attachment B). The Foundation ask is greater than the $10 million increase in the bids, to $20 million, based largely on a couple of factors:

Expense Type Current Budget
Construction Documents 1,350,000
Construction Management & Inspection 487,500
Community Workforce Agreement Admin 70,434
Construction Contract 26,322,000
Contingency ** 3,270,066
Start Up Costs 2,500,000
Total 34,000,000
** Contingency is 12.5%
Item 3A - Page 2
t
City Council Staff Report
December 14, 2023 -- Page 3
Plaza Theatre Foundation Funding

1. The Foundation had the initial goal of raising funds to commit to construction and renovation, and not necessarily startup costs.

2. Having renovation being performed on an older building, the City felt it necessary to have a construction contingency and that may not have been part of the original fundraising goal.

The following funding sources are recommended by Staff:

1. Measure J Funding ($15.35M) – The Measure J fund has two sources that could be used:
a. The Measure J fund currently has approximately $5.85 million set aside for the new construction of Fire Station #1. The Council could divert these funds to the Plaza Theatre construction. The Council could also approve this diversion of funds with the commitment by the City to replenish these funds to their original intent in the FY26 & FY27 budgets. These funds have the potential to fall back into Measure J Fund Balance if the City chooses to issue debt for a new Fire Station.
b. The Measure J fund currently has approximately $9.5 million in funds to be used for Community Initiated Projects. These funds have the potential to sit in the fund unused for up to two years while the City completes the current Community Initiated Projects and then opens up the application process for review of new projects. The Council could divert all or a part of these funds to the Plaza Theatre. The Council could also approve this diversion of funds with the commitment by the City to replenish these funds to their original intent in the FY26 & FY27 budgets.

2. Council Set-Asides approved in the FY23 budget ($5.6M) – The City has $4 million set aside for Police future study and services. In addition, the City has approximately $1.6 in workforce development that has not been earmarked for a specific project. The Council could approve the diversion of this $5.6 million to be used for the Plaza Theatre. The Council could also approve this diversion of funds with the commitment by the City to replenish these funds to their original intent in the FY26 & FY27 budgets.

3. General Fund Reserves – The Council could choose to use General Fund Reserves to assist the Plaza Theatre Foundation in the renovation of the Plaza Theatre. In the Fiscal Year 24 budget, the City had total unassigned reserves of $85 million, of which $32 million is the required minimum, leaving $53 million. City Staff maintains that is good to have strong reserves over and above the minimum, especially at a time when the City is planning the construction of a new Fire Station and the renovation of the Library. Construction costs continue to substantially increase and the City wants to ensure the City reserves remain strong in case they are needed to move these big projects forward. Therefore, City Staff recommends Council only use a maximum of $10 million of these reserves to assist the Plaza Item 3A - Page 3
City Council Staff Report
December 14, 2023 -- Page 4
Plaza Theatre Foundation Funding
Theatre Foundation with the Plaza Theatre renovation. The Council could also recommend the replenishment of these reserve funds in the FY26 & FY27 budget.

If the Council authorizes the replenishment of the funding source in the FY26 & FY27 budget, City Staff recommends the replenishment will come from the fund it was dispersed.

Plaza Theatre Foundation Payback Option:

The proposed Funding and Repayment Agreement between the City and the Foundation (Attachment A) provides that the Plaza Theatre Foundation will pay back to the City an amount to be determined by the City Council and the Foundation. This payback amount will go back into City accounts proportionately, based on where the funds were dispersed from. The Foundation has committed to continue to fundraise to meet this requirement, including the possibility of significant tax credit financing, which would help reduce the liability back to the City.

ENVIRONMENTAL ASSESSMENT:

The Plaza Theatre improvement project for which the aforementioned agreement is being considered was evaluated pursuant to the California Environmental Quality Act (“CEQA”) by the City’s Historic Site Preservation Board (“HSPB”) on March 7, 2023, via Case #3. 1149 – HSPB #22A as required under the City’s Historic Preservation Ordinance, (Chapter 8.05 of the Palm Springs Municipal Code). At that time the HSPB evaluated the project and determined it to be Categorically Exempt from further analysis under CEQA as a Class 31 exemption because “the project proposed a restoration, rehabilitation, maintenance, and preservation of the building in a manner consistent with the Secretary of the Interior Standards for the Treatment of Historic Resources.” At that time, the HSPB made affirmative findings pursuant to PSMC Section 8.05.110 and granted a Certificate of Appropriateness for the project.

ALIGNMENT WITH STRATEGIC PLANNING:

This action aligns with the Strategic Plan 2A – Improve City Facilities, prioritize deferred maintenance. The Plaza Theatre is a public building that has been out of commission for some time. These improvements will provide updated to the building that will allow it to be used by the public once again as a movie theatre, performance, and meeting space.

FISCAL IMPACT:

Approval of this Funding Agreement would authorize an appropriation in an amount to be determined in the Fund(s) to be determined. At this time, City Staff believe the approval of this funding does not hinder pending major projects such as the renovation of the Library and the construction of a new Fire Station #1 from moving forward.

Item 3A - Page 4
City Council Staff Report
December 14, 2023 -- Page 5
Plaza Theatre Foundation Funding
REVIEWED BY:

Department Director: Kristopher J. Mooney
City Attorney: Jeffrey S. Ballinger
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:

A. Funding and Repayment Agreement.

B. Plaza Theatre Financing Update.

Item 3A - Page 5

ATTACHMENT A

Item 3A - Page 6
55575.18100\41852183.1
1 FUNDING AND REPAYMENT AGREEMENT

BETWEEN

THE PALM SPRINGS PLAZA THEATRE FOUNDATION
AND

THE CITY OF PALM SPRINGS

This Funding and Repayment Agreement (“Agreement”) by and between the City of Palm Springs (“City”), and The Palm Springs Plaza Theatre Foundation (“Foundation”) (together known as the “Parties”) establishes a framework for the funding and repayment of the costs of restoring the historic Plaza Theatre, as set forth in more detail below. This Agreement shall be effective on the date (“Effective Date”) that it is signed by both Parties, following any legally required approval by the governing bodies of the Parties.

RECITALS
WHEREAS, the City is the owner of the historic Plaza Theatre, located at 128 South Palm Canyon Drive, Palm Springs California (“Plaza Theatre”); WHEREAS, the Foundation was established as a nonprofit public benefit corporation in the State of California on October 21, 2021, to raise funds to support the historic restoration, operation and ongoing maintenance of the Plaza Theatre;
WHEREAS, the Foundation has, to date, raised approximately $14.3 million ($2 million of which has been committed to by the City and $2.5 million of which is being held by the City on behalf of the Foundation) to assist with the restoration of the Plaza Theatre (the “Project”); WHEREAS, the City, after completing a public competitive bid process, has received a bid in the amount of $26,322,000 for the Plaza Theatre renovation work. With contract contingency amounts, startup costs, design costs, construction management and administration costs, the restoration project costs (collectively, the “Project Costs”) are approximately $34,000,000; and WHEREAS, the City and Foundation anticipate that the City will award the contract for the Plaza Theatre renovation work on December 14, 2023; and WHEREAS, the Foundation has requested from the City an additional Twenty Million Dollars ($20,000,000) in order to cover the gap in Project Cost funding; WHEREAS, the Parties desire to enter this Agreement, in order to provide for the funding by the City of the gap amount set forth below, and the repayment to the City of the amount set forth below.

Item 3A - Page 7
55575.18100\41852183.1
2 AGREEMENT
Now, therefore, in consideration of the promises set forth in this Agreement, both Parties agree to the following:

I. OBLIGATIONS OF THE CITY
a. Project Funding. The City shall provide partial funding toward the Project costs in the following amounts, and from the following sources:
i. Measure J Funding [$__***insert dollar amount***__]
ii. Council Set-Asides (FY 23 Budget) [$__***insert dollar amount***__] iii. General Fund Reserve [$__***insert dollar amount***__]

b. Timing.
i. City shall pay the above-referenced amounts directly to project contractors and consultants if, as, and when necessary to cover the Project Costs, as such sums become due and owing.
ii. City shall provide written evidence of such payments to Foundation within thirty (30) days following any such payment by the City, for Foundation’s recordkeeping purposes.

c. Accounting. The City shall use the amounts paid by the Foundation pursuant to Section II below for Project Costs. City shall return the amounts repaid to the City pursuant to Section II(b) below to the funding sources identified in Section I(a) above, in proportion to the amounts paid in Section I(a) above.

II. OBLIGATIONS OF THE FOUNDATION
a. Initial Project Funding. The Foundation will pay to the City, from the Foundation’s existing funds, an amount no less than Ten Million Dollars ($10,000,000). Such payment must be made to City according to the following schedule:
1st Payment – December 31, 2023 - $750,000
2nd Payment – March 31, 2024 - $4,000,000
3rd Payment – June 30, 2024 - $2,500,000
The City is already in possession of $2,500,000 in cash, and $2,000,000 the City committed to the campaign.

Any currently pledged amounts (estimated to be approximately $2,250,000) that are subsequently received by the Foundation will be submitted by the Foundation to the City at the end of each future quarter. Such pledges extend out to June, 2026. Any dollars raised, or tax credits obtained, over and above this commitment should be remitted back to the City as soon Item 3A - Page 8
55575.18100\41852183.1
3 as possible with the notation that the funds being remitted should go against the amount to be repaid.

b. Repayment to City. In addition to the amount paid in Section II(a) above, the Foundation commits to continue fundraising efforts, so as to enable the Foundation to repay to the City no less than [$__***insert dollar amount***__] of the amount provided by the City as set forth in Section I, above. No interest shall accrue on any unpaid amount. The Foundation will provide quarterly remittances of amounts owing to the City, subject to subsection (c), below.

The Parties to this Agreement expect such repayment to be made in full no later than three (3) years following the completion of the Project restoration, as evidenced by the issuance of the certificate of completion.
c. Operational Funds. The Parties recognize the need of the Foundation to maintain certain funds available for Foundation-related operations, including, but not limited to, fundraising activities and the costs of performing the Foundation’s obligations under that certain Agreement for Management, Operation, and Entertainment Production Services for the Historic Plaza Theatre between the Foundation and the City (“Management Agreement”).

Therefore, prior to the final repayment as required by Section II(b) above, the Foundation shall be entitled, under this Agreement, to retain Two Million Dollars ($2,000,000) in funds on-hand for any purpose authorized by the Foundation’s Articles of Incorporation.

III. TERMINATION AND AMENDMENT
a. The term of this Agreement commences on the Effective Date and, unless sooner terminated as set forth in this Agreement or extended by mutual agreement of the Parties, shall end on the date that all of the Foundation’s repayment obligations have been met (“Expiration Date”).
b. Any modifications, assignments, alterations, or extensions must be in writing, signed, and approved by both Parties.

IV. DEFAULT
a. In the event of a default by any Party to this Agreement, the other party shall be entitled to terminate this Agreement, provided, however that prior to any such termination, the nondefaulting Party must have provided written notice of such default to the other Party and provided such Party with a reasonable opportunity to cure such alleged default. b. In the event of a default by Foundation of the Foundation’s obligation to repay the City pursuant to Section II(b) above, the City (in addition to any other rights it may have at law or in equity), shall be authorized to terminate the Management Agreement.

V. DISPUTE RESOLUTION
The Parties agree to work together in good faith to resolve disagreements that may arise under this Agreement. Should such a disagreement arise, the Parties having authority to resolve the dispute will meet and negotiate in good faith toward a mutually satisfactory solution. If any disagreement Item 3A - Page 9
55575.18100\41852183.1
4 cannot be resolved through such negotiations, the Parties will consider other alternative dispute resolution processes upon which they may later agree. However, if at any time a Party determines that circumstances so warrant, such Party may seek any available remedy without waiting to complete the informal meet and confer process.

VI. GENERAL PROVISIONS
a. Assignment. Neither Party may assign or transfer all or any portion of its rights or obligations under this Agreement to any third party, without obtaining the prior written consent of the other Party, which consent shall not be unreasonably withheld. Any purported assignment, without the other Party’s prior written consent, shall be void. b. Binding Effect. This Agreement shall be binding on all heirs, successors and assigns of the Foundation and the City.
c. Entire Agreement. This Agreement contains the entire agreement and understanding of the Parties on the subjects covered by this Agreement. The City and the Foundation understand, acknowledge and agree that no Party, or any agent or attorney for any Party, has made any promise, representation or warranty of any kind whatsoever, express or implied, not contained herein to induce the execution of this Agreement. The City and the Foundation understand, acknowledge and agree that this Agreement has not been executed in reliance upon any promise, representation, or warranty not contained herein. d. Warranty of Authority. The persons executing this Agreement on behalf of the City and the Foundation represent and warrant that they are duly authorized to execute this Agreement and to bind their respective Party to all terms and conditions of this Agreement . d. Severability. If any section, subsection, sentence, clause or phrase of this Agreement, or the application thereof to any of the Parties, is for any reason held invalid or unenforceable, the validity of the remainder of the Agreement shall not be affected thereby and may be enforced by the Parties to this Agreement.
e. Notices. All notices, demands and communications between the City and the Foundation shall be in writing and shall be given by personal delivery, registered mail (return receipt requested, with postage prepaid), Federal Express, electronic mail, or any other reliable private express delivery service to the following addresses:

City of Palm Springs The Palm Springs Plaza Theatre Foundation 3200 E. Tahquitz Canyon Way 1775 Palm Canyon Dr., Suite 110-1028 Palm Springs, CA 92262 Palm Springs, CA 92264
Attn: City Manager Attn: J.R. Roberts
These names, addresses may be changed at any time by written notice, as provided above. f. Interpretation. This Agreement has been prepared jointly by the Parties, with full access to legal counsel of their own. No ambiguity shall be resolved against any Party on the premise that it or its attorneys were solely responsible for drafting this Agreement or any provision thereof.

Item 3A - Page 10
55575.18100\41852183.1
5 g. Counterparts. This Agreement may be executed electronically, and in one or more counterparts, each of which shall constitute an original.

IN WITNESS, WHEREOF, the Parties enter into this Agreement as of the Effective Date.

Item 3A - Page 11
55575.18100\41852183.1
6 SIGNATURE PAGE
TO

FUNDING AND REPAYMENT AGREEMENT

BETWEEN

THE PALM SPRINGS PLAZA THEATRE FOUNDATION
AND

THE CITY OF PALM SPRINGS

THE PALM SPRINGS PLAZA

THEATRE FOUNDATION

CITY OF PALM SPRINGS
By: ___________________________
J.R. Roberts, President
Date: ___________________
By: ___________________________
Scott Stiles, City Manager
Date: ___________________
By: ___________________________
Name: ________________________
Secretary
Date: ___________________
By: ___________________________
Teresa Gallavan
Assistant City Manager
Date: ___________________
ATTEST:

By: ___________________________
Brenda Pree, City Clerk
APPROVED AS TO FORM:

By: ___________________________
Jeffrey S. Ballinger
City Attorney
Item 3A - Page 12

ATTACHMENT B
Item 3A - Page 13
FACT SHEET on PLAZA THEATRE FINANCING UPDATE
on 12/7/2023 Distribu2on Media Approved for
Background:
historic piece of the fabric of a is , owned by the City of Palm Springs, Plaza Theatre Palm Springs The disrepair. When restored and a state of in . It is currently Palm Springs at the very heart of our city $40M nearly and drive K guests per year 35 1 upwards of the Plaza Theatre is expected to host reopened, art venue and a vital economic and cultural - the - of - will become a state . It in guest and visitor spending engine for downtown.
addi2onal to help the city iden2fy in late 2021 Palm Springs Plaza Theatre Founda2on was formed The - all the theatre. Today, the to restore needed organiza2ons and other from the public funding sources Theatre to the Plaza Founda2on board of directors is more commiQed than ever to restoring volunteer . vibrancy its full
M budget to restore the 2 When the project started in 2017, construc2on forecasts predicted a $1 In early 2023, our architects, ARG, most the Founda2on raised that es2mate to $16M. theatre. In 2022, be closer to $17.2M. the build to recently forecasted
. One bid 2023 ids for the project were opened in September , and b cess The city managed the bidding pro close, all at bids were three . The remaining due to problems with their bid early withdrew for $17M presently has the lowest Woodcliff Corpora2on, which the . The City is in final nego2a2on with - $27M+/ . 10, 2024 The bids are good un2l January . M 26.3 at $ qualified bid taff. Other major city S The fact that the bids far exceeded forecasts was not unexpected by the City projects have suffered the same reality as project bids and es2mates have come in significantly over internal forecasts. (e.g. the PS Naviga2on Center).

The Founda2on and City Staff want to ensure funding for the successful restora2on and opening of the We must avoid a situa2on where construc2on Theatre are fully iden2fied before star2ng construc2on. stop while addi2onal funds are being raised. must starts and then us to , allowing So far, the Founda2on has received cash and pledged future payment commitments . Given our as final pledge payments come in provide the city with $15.2M over the next couple of years previous our track record, the founda2on was confident it could quickly raise the remaining $2M to hit es2mate. M $17.2 target based on the
the spring of 2023, the city asked the Founda2on to expand its remit to include managing the opening In – and ongoing opera2ons of the Theatre. City Council approved a resolu2on on this issue this summer Item 3A - Page 14
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~ 5~Ulttd5 Wlltd i
although no funding for opening costs was included. At the 2me, the Founda2on Board enthusias2cally voted to expand its mission and fundraising push to raise the addi2onal funds required to open. We are finalizing nego2a2ons with Oak View Group, operator of the Acrisure Arena, to provide those services.

Budgets for the opening and ongoing opera2ons of the Theatre are above and separate from the latest construc2on cost es2mate.

Why build/Why now?
City staff and the theatre architect counseled the Board to start construc2on immediately. Their experience is that any delay will increase future costs based on infla2on, new building regula2ons that will increase costs, an2cipated increases in labor wages, and any other unpredictable economic events.

The project will always be more expensive to build in the future.

The city is in a unique posi2on financially. Measure J funds, designated to enable infrastructure projects, especially for downtown restora2on, are available. Since our project is “shovel ready,” these funds can be deployed immediately as construc2on will start in 1Q24. The City also has other funding sources that could be tapped to move this project forward. The sooner the project is completed, the higher and sooner the city’s revenue from the increased economic ac2vity will be available to fund other city projects.

The Ask:

The Founda2on requests the City Council approve an addi2onal investment commitment of $20M to ensure there is funding to start and complete the build and open the theatre in 2025. This investment is targeted to be returned to The City over the coming years through opera2ons of The Theatre and the economic impact the 135K annual guests will have on downtown’s economy.

How the funds will be used:

The $20M consists of:
• $10M to cover the unexpected increase in construc2on costs, • $3.3M to cover the City’s recommended 12.5% for con2ngencies and possible project overruns,
• $0.6M for construc2on management, inspec2on, and workforce agreement administra2on,
• $2.5M for opening costs and opera2ons before the Theatre generates revenue, • $2.5M to account for the 2ming of pledges commiQed over the next two years but not yet collected,
• $1.1M for Founda2on opera2ng funds and reserves for con2nued fundraising and owner-supplied expenses such as stage curtains, supplies, and other soj goods.

How will the Founda>on “pay back” the city?
The Founda2on sees five ways to reduce expenses and return this investment to the city:

1. Unlike other city-owned buildings, the Plaza Theatre will generate a significant economic impact for local businesses and be a new source of tax revenue for the city. Conserva2ve es2mates suggest that the opera2on of the theatre will generate over $40M in economic ac2vity and $4- Item 3A - Page 15
5M in new taxes annually. Projec2ons suggest the Theatre will generate $20M+ through addi2onal taxes in its first five years.

2. The Founda2on and its architects are in nego2a2on with consultants who es2mate that this project will qualify for $3.5M - $5M in federal and state tax credits – including historic theatre credits. These will be returned to the city to offset this investment. This process can take 12-18 months to complete.

3. The Founda2on has $2.3 million in future pledge commitments, which will be returned to the City when received to fund this investment.

4. The Founda2on and the City Staff have iden2fied poten2al cost savings in the construc2on budget that we will recoup through lowered costs on construc2on. However, due to City bidding process rules, the details of the bids are only available to do the value engineering ajer the contract is awarded so we can’t put a dollar es2mate on this element at this 2me.

5. The Founda2on raised over $15M in under two years to restore the Plaza Theatre completely.

This effort has created great momentum and enthusiasm for the project across the community.

This effort will con2nue in full force through outreach efforts with major donor prospects, other Founda2ons, and small donors commiQed to seeing the theatre open and prosper. In addi2on, we have over $15 million in unsold naming rights and corporate sponsorships, Prices range from $10 million for naming rights to the en2re Plaza Theatre down to $1,000 to put your name on a seat. Once the theatre is reopened, addi2onal revenue sources from private and corporate founda2ons become available. Fundraising will con2nue to be a primary responsibility of the Founda2on once construc2on is completed and programming is launched.

What impact will the Plaza Theatre have on the community? Very few venues in the Coachella Valley can accommodate 700 patrons, and none of the other venues have the historic pedigree of the Plaza Theatre. Restoring this historic building provides an exciting new mid-scale venue with state-of-the-art capabilities in the heart of downtown Palm Springs, which will benefit the residents of Palm Springs and the entire Coachella Valley tremendously with an exciting diverse array of programming to satisfy all ages.

The theatre will provide live performances, film premieres, community and educa2onal events, and films appealing to diverse audiences – including kids and all members of our community. Our programming goals will reflect the broad spectrum of Palm Springs and the surrounding ci2es.

The theatre will aQract 135K guests per year, with half of them from out of town. This will result in more than 50,000 hotel ‘room-nights’ (based on double occupancy and an average stay of 1.5 nights) We es2mate more than $40 million in incremental spending from guests and more than $4 million in revenue to the City of Palm Springs through sales and transient occupancy taxes each year of opera2on.

This does not include the mul2plier effect of a major construc2on project downtown, typically es2mated at double the construc2on costs.

Item 3A - Page 16
Palm Springs Plaza Theatre Board of Directors
J.R. Roberts – President Alan DeZon
Kevin J. Corcoran – Vice President Daniel Gibby
Mark Hamilton – Treasurer Teddy Grouya
Rick Vila – Secretary Brian Ray
Judith Blanchard Cindra Stolk
Don Cecil Kathy Weremiuk
David Lee Jeffrey Bernstein – Liaison to City Council
Item 3A - Page 17

CITY COUNCIL STAFF REPORT
12/14/2023 BUSINESS & LEGISLATIVE
SUBJECT:

AWARD OF A CONSTRUCTION CONTRACT TO WOODCLIFF CORPORATION IN THE AMOUNT OF $26,322,000; PROVIDE AUTHORITY TO CITY MANAGER FOR CONSTRUCTION CHANGE ORDERS UP TO $3,270,066; APPROVAL OF A TASK ORDER UNDER ON-CALL AGREEMENT NO. A8566 WITH DUDEK, INC., IN AN AMOUNT NOT TO EXCEED $487,500 FOR CONSTRUCTION MANAGEMENT AND

INSPECTION SERVICES, AND APPROVAL OF A TASK ORDER UNDER ON-CALL AGREEMENT NO. 23PO41 WITH TSG ENTERPRISES, INC., DBA THE SOLIS GROUP, IN AN AMOUNT NOT TO EXCEED $70,434 TO PROVIDE COMMUNITY

WORKFORCE AGREEMENT ADMINISTRATION FOR PLAZA THEATRE
REHABILITATION, CITY PROJECT 18-04
RECOMMENDATION:

Award a construction contract to Woodcliff Corporation in the amount of $26,322,000 for the Plaza Theatre Rehabilitation, City Project No. 18-04;

1. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $3,270,066 with all change orders reported to the City Council;

2. Authorize the City Manager to approve a task order for project management and inspection services from an on-call engineering service firm, Dudek, Inc., in an amount not to exceed $487,500;

3. Authorize the City Manager to approve a task order for Community Workforce Agreement (CWA) administration services from an on-call CWA firm, TSG Enterprises, Inc., dba The Solis Group, in an amount not to exceed $70,434; and

4. 5. Authorize the City Manager or his designee to execute all necessary documents.

Attachments
Item 3B

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 14, 2023 BUSINESS & LEGISLATIVE
SUBJECT: AWARD OF A CONSTRUCTION CONTRACT TO WOODCLIFF
CORPORATION IN THE AMOUNT OF $26,322,000; PROVIDE

AUTHORITY TO CITY MANAGER FOR CONSTRUCTION CHANGE
ORDERS UP TO $3,270,066; APPROVAL OF A TASK ORDER UNDER ON-CALL AGREEMENT NO. A8566 WITH DUDEK, INC., IN AN AMOUNT NOT TO EXCEED $487,500 FOR CONSTRUCTION MANAGEMENT AND

INSPECTION SERVICES, AND APPROVAL OF A TASK ORDER UNDER ON-CALL AGREEMENT NO. 23PO41 WITH TSG ENTERPRISES, INC., DBA THE SOLIS GROUP, IN AN AMOUNT NOT TO EXCEED $70,434 TO

PROVIDE COMMUNITY WORKFORCE AGREEMENT

ADMINISTRATION FOR PLAZA THEATRE REHABILITATION, CITY
PROJECT 18-04
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

Award of this contract and approval of the two task orders will allow the City to proceed with the Plaza Theatre Rehabilitation Project.

RECOMMENDATION:

1. Award a construction contract to Woodcliff Corporation in the amount of $26,322,000 for the Plaza Theatre Rehabilitation, City Project No. 18-04 (“the Project”);

2. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $3,270,066 with all change orders reported to the City Council;

3. Authorize the City Manager to approve a task order for project management and inspection services from an on-call engineering service firm, Dudek, Inc., in an amount not to exceed $487,500;
Item 3B - Page 1
City Council Staff Report
December 14, 2023 -- Page 2
Award Construction Contract and Task Orders, Plaza Theatre Rehabilitation, CP 18-04

4. Authorize the City Manager to approve a task order for Community Workforce Agreement (CWA) administration services from an on-call CWA firm, TSG Enterprises, Inc., dba The Solis Group, in an amount not to exceed $70,434; and

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

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure Form from Woodcliff Corporation is included as Attachment A. The Public Integrity Disclosure Form from Dudek, Inc., is included as Attachment B. The Public Integrity Disclosure Form from The Solis Group is included as Attachment C.

BACKGROUND:

Located at 128 South Palm Canyon Drive, the Plaza Theatre (Theatre) opened in 1936.

The Theatre was commissioned by heiress Julia Carnell and designed by lead architect Harry Williams. Its atmospheric design hearkens to grand movie palaces, while its Spanish Colonial Revival exterior was typical of many buildings of the era in Palm Springs.

In 1991, the Theatre was designated City of Palm Springs Class 1 Historic Site #22. While the Palm Springs Follies ran for 23 years, the Theatre has sat primarily empty since 2014.

On January 27, 2022, the City Council approved a Memorandum of Understanding (MOU) between the City of Palm Springs and the Palm Springs Plaza Theatre Foundation which had been formed to raise funds for the restoration of the Plaza Theatre.

On June 21, 2022, a Request for Proposals (RFP) was advertised to complete construction documents needed to renovate the Plaza Theatre.

On June 30, 2022, the City Council approved an amendment to the above noted MOU to specify the relationship between the City and Foundation and their roles with respect to the procurement of design professionals and construction services for the Project.

On July 6, 2022, a total of seven (7) design proposals were received, with Architectural Resources Group (ARG) being awarded the design contract. ARG subsequently started design in August 2022, with input from both the City and the Palm Springs Plaza Theatre Foundation.

Item 3B - Page 2
City Council Staff Report
December 14, 2023 -- Page 3
Award Construction Contract and Task Orders, Plaza Theatre Rehabilitation, CP 18-04 On June 29, 2023, construction documents (plans, specifications, and estimate (PS&E)) were completed and approved by City Council, and Staff was authorized to advertise and solicit bids for construction services.

On July 24, 2023, the City Council approved an agreement between the City and the Plaza Theatre Foundation for management, operation, and entertainment production services for the Plaza Theatre.

STAFF ANALYSIS:

On July 17, 2023, Staff advertised the Project to plan rooms, the local paper, and through the City’s online procurement program PlanetBidsTM to allow the submission of bids electronically. On September 12, 2023, the Engineering Services Department received five (5) bids from the following contractors:

Company Location Bid Amount
Blair Air, Inc. Palm Springs, CA $ 2,706,590.00
Nationwide Contracting Services, Inc. Huntington Beach, CA $17,375,000.00 Woodcliff Corporation Los Angeles, CA $26,322,000.00
Royal Construction Corp. Arcadia, CA $26,569,000.00
Plant Construction Company, LP San Francisco, CA $26,999,757.00 Note: The engineer’s estimate for the Project was $16,500,000 Community Workforce Agreement (CWA)
This Project is subject to the City’s Community Workforce Agreement dated August 31, 2021, which is on file with the City. The Contractor and all Subcontractors of any tier are to include contractual provisions in all contracts they enter for the performance of the work requiring the Contractor and all Subcontractors to comply with the provisions of the CWA prior to the commencement of work and at no additional cost.

Local Business Preference Compliance
Section 7.08.030 of the Palm Springs Municipal Code (“PSMC”), “Local Business Preference Program”, requires prime contractors to use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub-contract services to businesses whose work force resides within the Coachella Valley. Woodcliff Corporation is not considered a local business but has demonstrated sufficient evidence of good faith efforts to subcontract the supply of materials to local businesses.

Bid Analysis
Blair Air, Inc. had submitted the lowest bid but was found non-responsive as it did not comply with the instruction to bidders by only providing a partial bid. Nationwide Item 3B - Page 3
City Council Staff Report
December 14, 2023 -- Page 4
Award Construction Contract and Task Orders, Plaza Theatre Rehabilitation, CP 18-04 Contracting Services, Inc. (Nationwide), submitted the next lowest bid. However, three days after opening bids, Nationwide submitted a formal request to withdraw its bid due to critical clerical errors in its bid schedule. A copy of their request is included as Attachment D.

Staff reviewed all bid documents submitted by the third apparent low bidder and has determined that Woodcliff Corporation complies with the instruction to bidders, is a responsible bidder, and has submitted the lowest responsive bid. Therefore, Staff recommends that City Council approve the bid submitted by Woodcliff Corporation. The Agreement is included as Attachment E.

Request for Proposals for Construction Management Services Staff issued a Request for Proposals (RFP) for Construction Management (CM) and Inspection services to the City’s on-call CM firms. The requested RFP was written to ensure that the selected firm demonstrated successful experience and capacity to provide construction management with inspection services to municipal government agencies similar to those required by the City.

On September 7, 2023, the RFP was published and made available to the City’s on-call CM firms through PlanetBidsTM. On the day of opening CM proposals, the City received one proposal from Dudek, Inc. Staff recommends the City Council approve a Task Order under On-Call Agreement A8566 with Dudek, Inc., not to exceed $487,500.

Request for Proposal for Community Workforce Agreement Administration Staff issued a Request for Proposals (RFP) from our on-call Community Workforce Administration Services firm, TSG Enterprises, Inc., dba The Solis Group (“TSG”). Staff recommends the City Council approve a Task Order under On-Call Agreement 23PO41 with TSG, not to exceed $70,434.

ENVIRONMENTAL ASSESSMENT:

The Plaza Theater improvement project for which the aforementioned agreements are being considered was evaluated pursuant to CEQA by the City’s Historic Site Preservation Board (“HSPB”) on March 7, 2023, via Case #3.1149 – HSPB #22A as required under the City’s Historic Preservation Ordinance, (Chapter 8.05 of the Palm Springs Municipal Code). At that time, the HSPB evaluated the project and determined it to be Categorically Exempt from further analysis under CEQA as a Class 31 exemption because the project proposed a restoration, rehabilitation, maintenance, and preservation of the building in a manner consistent with the Secretary of the Interior Standards for the Treatment of Historic Resources.” At that time, the HSPB made affirmative findings pursuant to PSMC Section 8.05.110 and granted a Certificate of Appropriateness for the project.

Item 3B - Page 4
City Council Staff Report
December 14, 2023 -- Page 5
Award Construction Contract and Task Orders, Plaza Theatre Rehabilitation, CP 18-04 ALIGNMENT WITH STRATEGIC PLANNING:

This action aligns with the Strategic Plan 2A – Improve City Facilities, prioritize deferred maintenance. The Plaza Theatre is a public building that has been out of commission for some time. These improvements will provide updates to the building that will allow it to be used by the public once again as a movie theater, performance, and meeting space.

FISCAL IMPACT:

The Foundation and City Staff have strategized on options to proceed and fund the project. What follows in an analysis of funding availability and if Council desires to move forward with funding, there is a recommendation to award the construction contract for the renovation of the theatre.

Table 1
Funding Source 1 – Foundation $14,000,000.00
Funding Source 1 – City $20,000,000.00
Construction Documents (PS&E) and Support ($1,350,000.00) Construction Management & Inspection ($487,500.00)
Community Workforce Agreement Administration ($70,434.00) Construction Contract ($26,322,000.00)
Contingency ($3,270,066.00)
Plaza Theatre Opening - 1st Year Start Up Costs ($2,500,000.00) Remaining Balance $0.00
REVIEWED BY:

City Engineer Francisco J. Jaime, P.E. (Acting City Engineer) City Attorney: Jeffrey S. Ballinger
Deputy City Manager: Flinn Fagg
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:

A. Public Integrity Form Disclosure – Woodcliff Corporation B. Public Integrity Form Disclosure – Dudek, Inc.

C. Public Integrity Form Disclosure – The Solis Group
D. Request for Bid Withdrawal – Nationwide Contracting Services, Inc.

E. Construction Agreement – Woodcliff Corporation
Item 3B - Page 5
Item 3B - Page 6
Attachment A
Item 3B - Page 7

1. 2.

3. 4.

5. PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM PLAZA THEATRE REHABILITATION, CITY PROJECT NO. 18-04
Name of Entity
Woodcliff Corporation
Address of Entity (Principle Place of Business)
11835 W Olympic Blvd., Ste. 825E, Los Angeles, CA. 90064 Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State California
If other than California, is the Entitv also reaistered in California? • Yes Type of Entity
D No
I&! Corporation • Limited Liability Company • Partnership • Trust • Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: ff any response is not a natural person, please identify all officers, directors, members, managers and otherfiduciaries forthe member, manager, trustorotherentity Mohamad Tabrizi • Officer • Director • Member • Manager • General Partner • Limited Partner
00 Other PresidenU Treasurer/ Secretary
N/A • Officer • Director • Member • Manager
• General Partner • Limited Partner
• Other
N/A • Officer • Director • Member • Manager
• General Partner • Limited Partner
• Other

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

Item 3B - Page 8

PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM (CONTINUED) PLAZA THEATRE REHABILITATION, CITY PROJECT NO. 18-04

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

Jane Doe 50%, ABC Company, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
A.

Mohamad Tabrizi 100%
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
B.

N/A N/A
[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 entitvl
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl

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

Signature of Disclosing Party, Printed Name, Title Date Mohamad Tabrizi, President 09/12/2023

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

Attachment B
Item 3B - Page 9

Page 22 of 50 ends

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

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

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

F Other _______________________________
_______________________________________________ F Officer F Director F Member F Manager [name]
F General Partner F Limited Partner

F Other _________________________________
______________________________________________ F Officer F Director F Member F Manager [name]
F General Partner F Limited Partner
Dudek
605 Third Street, Encinitas, CA 92024
78-075 Main Street, Suite G-203, La Quinta, CA 92253
California
X
Frank Dudek
X
Mark Girard, Member
Joseph Monaco, Member
Peter Quinlan, Member
Robert Ohlund, Member
Gerry Salontai, Member
Tom Larkin, Member
X
X
Item 3B - Page 10

Page 23 of 50 ends

F Other _______________________________

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

EXAMPLE

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

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

Signature of Disclosing Party, Printed Name, Title Date

Frank Dudek 24%
ESOP 35%
George Litzinger
CM Division manager April 24, 2020
Item 3B - Page 11
Attachment C
Item 3B - Page 12

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

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

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

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

6. Officers, Directors, Members, 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
________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
Other ___________________________
_______________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
________________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
TSG Enterprises, Inc. dba The Solis Group
3452 E Foothill Blvd, Ste 200, Pasadena, CA 91107
See above
California
X
Elvira Elizabeth Diez Solis X
Andrew Solis-Castillo X
Item 3B - Page 13

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

EXAMPLE

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

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

Signature of Disclosing Party, Printed Name, Title Date Elvira Elizabeth Diez Solis
100%, TSG Enterprises, Inc. dba
The Solis Group
Elvira Elizabeth Diez Solis,
CEO
February 3, 2023
Item 3B - Page 14
Attachment D
Item 3B - Page 15
Page | 1
Via Email Alberto Gradilla ([email protected] ) Alberto Gradilla
Contract Specialist
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, California
92262
Re: BID withdrawal
Plaza Theatre RehabilitaƟon (“Project”)
Project No. 18-04
Dear Mr. Gradilla,
NaƟonwide General ConstrucƟon Services ("NaƟonwide") is formally submiƫng this leƩer to request the withdrawal of our previously submiƩed bid for the Plaza Theatre RehabilitaƟon Project to the City of Palm Springs ("Agency").

Our request for bid withdrawal stems from criƟcal clerical errors that were inadvertently made in our bid schedule spreadsheet. These errors resulted in inaccurate calculaƟons of the bid items provided by our specialty subcontractor and were not idenƟfied during the EsƟmator's review. Addressing these clerical errors is essenƟal because failure to do so would render the project financially unfeasible for NaƟonwide.

Specifically, the clerical error in our bid spreadsheet pertains to the omission of the electrical porƟon in the amount of $3,200,000 from our total bid amount. This error occurred due to an internal error with typing up the formula with our team. Elie Nader, our President, mistakenly emailed the Excel spreadsheet that omiƩed “Cell #B19” that has the electrical supplies and sub contractor pricing, which included subcontractor data and revisions, to Luicci Nader, our Vice President and person responsible for bid submissions.

It is crucial to emphasize that this clerical error is far from minor and cannot be absorbed by NaƟonwide in any capacity since these parƟcular items are never self-performed by our company and require subcontractor and supplier costs that are out of our control.

In light of the circumstances outlined above, NaƟonwide respecƞully requests the withdrawal of our bid for the Plaza Theatre RehabilitaƟon Project. However, we would welcome the opportunity to recƟfy this situaƟon if the City is willing to consider correcƟng the bid based on the aƩached Excel spreadsheet, Item 3B - Page 16
Page | 2
which clearly demonstrates the clerical error in the formula. The correct total bid amount would be $20,575,000.00 (Twenty Million Five Hundred Seventy-Five Thousand Dollars and Zero Cents).

We sincerely apologize for any inconvenience this withdrawal may cause and appreciate your understanding of the situaƟon. Please do not hesitate to contact us should you require any addiƟonal informaƟon or clarificaƟon. We remain commiƩed to providing the highest quality service and hope to have the opportunity to collaborate on future projects with the City of Palm Springs.

Luicci Nader
Vice President
NaƟonwide ContracƟng Services, Inc.

DBA NaƟonwide General ConstrucƟon Services
Item 3B - Page 17
Description of Work Schedule of Values
Division 01 – General Requirements $780,000.00
Division 02 – 024119 Selective Demolition $680,000.00
Division 03 – Concrete $1,400,000.00
Division 05 – Metals $635,000.00
Division 06 – Woods, and Plastics $360,000.00
Division 07 – Thermal and Moisture Protection $520,000.00 Division 08 – Doors and Windows $730,000.00
Division 09 – Finishes $3,680,000.00
Division 10 – Specialties $90,000.00
Division 11 – Equipment $1,100,000.00
Division 12 – 126113 Fixed Audience Seating $780,000.00 Division 13 – Special Construction $
Division 21 – Fire Alarm $480,000.00
Division 22 – Plumbing $560,000.00
Division 23 – Heating, Ventilating, and Air-Conditioning (HVAC) $1,980,000.00 Division 26 – Electrical $3,200,000.00
Division 27 – Communications $360,000.00
Division 33 - Utilities $1,200,000.00
East Alleyway demolition and improvements (concrete, drainage, electrical, gate). $1,100,000.00 Abatement Procedure/Protocol $380,000.00
Mobilization $500,000.00
Temporary Traffic Control $60,000.00
Total Base Lump Sum Bid: $17,375,000.00

BASE LUMP SUM BID SCHEDULE SCHEDULE OF VALUES FORM PLAZA THEATRE REHABILITATION CITY PROJECT NO. 18-04
Note: The following Schedule of Values Form is for informational purposes to be used by the City and shall be submitted to the City within seven (7) calendar days following the bid opening.

SPECIAL ACKNOWLEDGEMENT: This Schedule of Values corresponds to the “Firm Fixed Price” cost identified in the previous Base Lump Sum Bid Schedule and is being used solely as the basis of determining the Schedule of Values for the various trades of work identified in the construction drawings and Special Provisions. The outline of Divisions identified herein corresponds to the Special Provisions; in the event a bidder identifies a Division (trade or scope of work) is missing from the Schedule of Values, and is not included in the Special Provisions, the bidder shall notify the Engineer prior to bid opening in accordance with the Instructions to Bidders. The lump sum bid
amount identified hereon shall match the Fixed Firm Price identified on the Base Lump Sum Bid Schedule.

Item 3B - Page 18
Attachment E
Item 3B - Page 19
Revised 4.13.23 Page 1 of 8
AGREEMENT ____
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this day of , 20 , by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and Woodcliff Corporation, a California corporation, hereinafter designated as the Contractor.

The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 -- THE WORK
For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as specified in the Contract Documents, and as generally indicated under the Bid Schedule(s) for the Project entitled:

Plaza Theatre Rehabilitation, City Project No. 18-04
The Work comprises the rehabilitation of the historic palm springs plaza theatre originally constructed in 1936, including: Expanded conditioned lobby area, new glazed doors and windows, renovated inner lobby with new bar/ concessions area, new theater seats, with a leveled floor area for wheelchair accessible seating, repair of the historically significant atmospheric sidewalls and ceiling, historic finishes treatments for the stenciling at the lobby and proscenium, as well as restoration of the historic light fixtures, renovation of the restrooms with new fixtures and accessories, a reconfigured stage, with expanded apron, and new resilient stage floor, new theatrical equipment, including theatrical lighting truss, grid, and drapery. new a/v and surround sound systems, modernized dressing rooms, with restrooms and showers, with a new accessible star dressing room at the stage level, additional acoustical finishes treatments and sound control improvements throughout, completely new HVAC systems, and electrical service equipment. The structural scope includes a seismic upgrade to the historic building and structural upgrades to accommodate renovations to the theatre. Abatement plans and a report has been prepared for this project and shall be followed throughout any demolition or installation. Install new wired (POE) security system with up to 16 camera locations throughout the building and exterior. System shall connect to new networking equipment located within the building in Room 208 as shown on the plans. Wiring shall be installed within conduit and conduit painted to match existing wall color. Where possible, conduite shall be concealed. The east access path to the back of the Theatre includes removal of existing concrete, grading, compacting, and installation of concrete to meet current ADA standards, removal of existing door and roll up gate, installation of new metal 4” square steel frame gate with stained IPE wood as horizontal panels spaced 1/4”.

The drains that connect to the roof along the wall to the floor shall also be replaced and connect to a new pipe placed underground and connect to the outlet at the face of curb along Indian Canyon Drive. The work shall be diligently prosecuted to completion before the expiration of 240 workdays.

Item 3B - Page 20
Revised 4.13.23 Page 2 of 8
ARTICLE 2 -- COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed.

The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar day that expires after the time specified in Article 2, herein. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to liquidated damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 3 -- CONTRACT PRICE
The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change Orders approved by the City. The amount of the initial contract award in accordance with the Contractor’s Bid Proposal is TWENTY-SIX MILLION THREE HUNDRED TWENTY-TWO THOUSAND AND ZERO CENTS ($26,322,000.00).

Contractor agrees to receive and accept the prices set forth herein, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; and, also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work.

ARTICLE 4 -- THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Local Business Preference Program – Good Faith Efforts, Non- Discrimination Certification, NonCollusion Declaration, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Item 3B - Page 21
Revised 4.13.23 Page 3 of 8
Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers 1 to 3, inclusive, and all Construction Contract Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto.

ARTICLE 5 -- MUTUAL OBLIGATIONS
For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents.

City hereby agrees to employ, and does hereby employ, Contractor to provide the materials, complete the Work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the Contract Price herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents.

ARTICLE 6 -- PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the City Engineer as provided in the Contract Documents.

ARTICLE 7 -- NOTICES
All notices shall be in writing and either served by personal delivery or mailed to the other party. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

ARTICLE 8 -- INDEMNIFICATION
Contractor shall provide indemnification and defense as set forth in Section 7-15 “Indemnification,” of the Special Provisions.

ARTICLE 9 -- PREVAILING WAGES
Contractor agrees to fully comply with all applicable federal and state labor laws including, without limitation California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq. ("Prevailing Wage Laws"). Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

Item 3B - Page 22
Revised 4.13.23 Page 4 of 8
Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California.

ARTICLE 10 -- CONFLICT OF INTEREST
Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

ARTICLE 11--NON-DISCRIMINATION
In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”).

Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

ARTICLE 12 -- MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Item 3B - Page 23
Revised 4.13.23 Page 5 of 8
Contract Documents.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “A” (Russian Sanctions Certification), attached hereto and incorporated herein by reference.

Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.

ARTICLE 13 – PROJECT LABOR AGREEMENT

13.1 Generally
The Work is subject to the City’s Community Workforce Agreement dated [MMM] [DD], 2021 (“CWA” or “Project Labor Agreement” or “PLA”), a copy of which is on file with the City, available upon request, and incorporated herein by reference as if fully set forth herein. Contractor and all subcontractors of Contractor of any tier shall at all times comply with the requirements of the PLA in the prosecution of the Work.

Contractor has executed or agrees to execute and be bound by the terms of the PLA either directly or through the Letter of Assent (a form of which is attached to the PLA as Exhibit “B” and referred to herein as the “LOA”), and Contractor shall furnish evidence of compliance with the same to City prior to the commencement of any Work. Contractor further agrees to require, or has already required, each of its subcontractors, of whatever tier, to agree in writing in the form of a LOA to be bound by each and every provision of the PLA prior to the commencement of Work or at the time of such subcontract, whichever occurs first.

13.2 Subcontractors
Contractor shall include, and shall require all of Contractor’s subcontractors of any tier to include, contractual provisions in all contracts they enter into for the performance of the Work, requiring each subcontractor, of every tier, who furnishes any labor for the performance of Work, to comply with the provisions of the PLA at no additional cost.

13.3 Condition of Payment
Compliance by Contractor and all of Contractor’s subcontractors of any tier with the requirements of the PLA shall be a condition of Contractor’s right to payment under this Agreement.

13.4 Reformation
Any requirement currently set forth in, or hereafter developed, adopted or implemented pursuant Item 3B - Page 24
Revised 4.13.23 Page 6 of 8
to the terms of the PLA, that is applicable to the Project, that is not set forth herein or that is by mistake incorrectly stated, shall be deemed to be inserted in this Agreement and shall be read and enforced as though it were included herein; and, if through mistake or otherwise any such requirement is not inserted or if inserted and requires correction, then upon request of either party this Agreement shall forthwith be amended to make such insertion or correction.

13.5 Conflicts
In the event of a conflict between the PLA and any other provisions of the Contract Documents, the PLA shall control.

13.6 Costs of Compliance
Contractor represents and warrants that it has included in its bid all costs of compliance with the requirements of this Section 13.

13.7 Not a Limitation
The requirements of this Section 13 are in addition to, and not a limitation upon, the other applicable provisions of the Contract Documents.

SIGNATURES ON NEXT PAGE
Item 3B - Page 25
Revised 4.13.23 Page 7 of 8

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS

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

CONTRACTOR:

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

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:

By: _______________________________ Date:

City Manager
Item 3B - Page 26
Revised 4.13.23 Page 8 of 8
EXHIBIT “A”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.

Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.

The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.

Signature:

Printed Name:

Title:

Firm Name:

Date:

Item 3B - Page 27

CITY COUNCIL STAFF REPORT
12/14/2023 BUSINESS & LEGISLATIVE
SUBJECT:

REVIEW AND APPROVE THE ROSTER OF CITY COUNCIL SUBCOMMITTEES,

APPOINTEES, LIAISONS, AND REPRESENTATIVES TO EXTERNAL

ORGANIZATIONS
RECOMMENDATION:

Review and approve the roster of City Council subcommittees, appointees, liaisons, and representatives to external organizations.

1. Authorize the City Clerk to prepare and execute FPPC Form 806, Public Official Appointments.

2. Attachments
Item 3C

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 14, 2023 BUSINESS & LEGISLATIVE
SUBJECT: REVIEW AND APPROVE THE ROSTER OF CITY COUNCIL

SUBCOMMITTEES, APPOINTEES, LIAISONS, AND REPRESENTATIVES

TO EXTERNAL ORGANIZATIONS
FROM: Scott C. Stiles, City Manager
BY: Brenda Pree, City Clerk
RECOMMENDATION:

1. Review and approve the roster of City Council subcommittees, appointees, liaisons, and representatives to external organizations.

2. Authorize the City Clerk to prepare and execute FPPC Form 806, Public Official Appointments.

STAFF ANALYSIS:

Attached for the City Council’s review and approval is the roster of City Council subcommittees and appointees to external organizations. Staff requests that the City Council provide direction on changes to the roster (Attachment A); the current roster, adopted January 26, 2023, is attached for reference (Attachment B).

The City Council routinely appoints Councilmembers to serve on standing or ad hoc subcommittees, or individual Councilmembers may volunteer to serve as liaisons to study various topics. The City Council also appoints representatives to external organizations as needed. On an annual basis, the City Council reviews the roster of appointments and makes adjustments as necessary.

Under California Code of Regulations (CCR) § 18702.5, before a public official may participate in a decision or vote to appoint themselves to a compensated position, the local agency must post a form established by the Fair Political Practices Commission (FPPC) on the City’s website. Staff recommends the City Council adopt and direct that FPPC Form 806 be updated and posted as required.

FISCAL IMPACT:

None.

Item 3C - Page 1
City Council Staff Report
December 14, 2023 – Page 2
Review and Approve Roster of City Council Subcommittees, Appointees to External Organizations REVIEWED BY:

City Clerk: Brenda Pree
City Manager: Scott Stiles
ATTACHMENTS:

A. 2024 Roster of City Council Subcommittees and Appointees to External Organizations
B. Current Roster of City Council Subcommittees and Appointees to External Organizations (Adopted 1/26/2023)
C. FPPC Form 806 (Current)
Item 3C - Page 2
Attachment A
2024 Roster of City Council Subcommittees and Appointees to External Organizations Item 3C - Page 3
Office of the City Clerk Draft Version

CITY OF PALM SPRINGS, CALIFORNIA
Roster of City Council Subcommittees (2024)
Committee Status Meetings Member Member
Finance (R-12147) Standing As Needed (MAYOR)
Bernstein
(MPT)
deHarte
Board & Commission Interviews Ad Hoc As Needed Bernstein deHarte Business Retention / Economic
Development (Councilmember Holstege
has requested that this be renamed to
“Economic Development Subcommittee”)
Standing As Needed Holstege Bernstein
Parks & Recreation Master Plan
(Approved 10/26/23)
Task
Force As Needed Holstege Bernstein
Roster of City Council
Appointees to External Organization (2024)
External Organizations Meetings Appointee Alternate
Coachella Valley Association of Governments (CVAG): (SE/, Form 700 required) Executive Committee
(Agendize assignment at the end of each FY)
Last Monday,
4:30 p.m.
(MAYOR)
Bernstein
(MPT)
deHarte
Energy & Environmental Resources 2nd Thursday,
Noon deHarte Holstege
Homelessness 3rd Wednesday,
10 a.m. deHarte Garner
Public Safety 2nd Monday,
9a.m. Garner Bernstein
Transportation 1st Monday,
11 a.m. Middleton Garner
California Coalition of Mayors 1st & 3rd Friday,
12:30 p.m. Bernstein N/A
Coachella Valley Conservation Commission
(SE/, Form 700 required)
2nd Thursday,
10:30 a.m. deHarte Garner
Coachella Valley Economic Partnership 3rd Wednesday
8 a.m. Garner Bernstein
Coachella Valley Mountains Conservancy Bd.
(SE/, Form 700 required)
2nd Monday,
3 p.m. Holstege deHarte
Desert Community Energy Board
(SE/, Form 700 required)
3rd Monday,
2:30 p.m. Middleton Bernstein
Eastern Riverside County Interoperable
Communications Authority
2nd Thursday,
4 p.m.

Garner Middleton
Friends of PS Animal Shelter Varies Bernstein Middleton Greater PS Convention & Visitors Bureau
(SE/, Form 700 required) Varies Bernstein deHarte
League of California Cities Varies Middleton
Main Street/Uptown Business Association 1st & 3rd Tuesday, 8:30 a.m. deHarte Garner
Palm Springs Chamber of Commerce 3rd Thursday,
8 a.m.

Bernstein deHarte
Item 3C - Page 4
Office of the City Clerk Draft Version
External Organizations Meetings Appointee Alternate
Palm Springs Tourism & Hospitality Organizations
(MAYOR)
Bernstein deHarte
Hotel General Managers Weekly Meeting Wednesdays
8 a.m.

PS Hospitality Association Board Meetings 2nd Thursday
11 a.m.

PS Hospitality Association Member Meeting 3rd Thursday
11:30 a.m.

Middleton
So. California Association of Governments
Conference & General Assembly Meeting
(SE/, Form 700 required)
TBA Middleton
Sunline Transit Agency
(SE/, Form 700 required)
4th Wednesday,
Noon Middleton Garner
Item 3C - Page 5
Attachment B
Current Roster of City Council Subcommittees and Appointees to External Organizations (Adopted 1/26/2023)
Item 3C - Page 6
Office of the City Clerk Adopted by City Council 01/26/2023

CITY OF PALM SPRINGS, CALIFORNIA
Committee Status Meetings Member Member
Finance (R-12147) Standing As Needed Garner
MAYOR*
Bernstein
MPT
Board & Commission Interviews Ad Hoc As Needed Garner Bernstein/deHarte Roster of City Council
Appointees to External Organization
External Organizations Meetings Appointee Alternate
Coachella Valley Association of Governments (CVAG): (SE/, Form 700 required) Executive Committee
(Agendize assignment at the end of each FY)
Last Monday,
4:30 p.m.

Garner
(MAYOR)
Bernstein
(MPT)
Energy & Environmental Resources 2nd Thursday,
Noon deHarte Holstege
Homelessness 3rd Wednesday,
10 a.m. Holstege Bernstein
Public Safety 2nd Monday,
9a.m. Garner deHarte
Transportation 1st Monday,
11 a.m. Middleton Garner
California Coalition of Mayors 1st & 3rd Friday,
12:30 p.m. Garner N/A
Coachella Valley Conservation Commission
(SE/, Form 700 required)
2nd Thursday,
10:30 a.m. deHarte Bernstein
Coachella Valley Economic Partnership 3rd Wednesday
8 a.m. Garner deHarte
Coachella Valley Mountains Conservancy Bd.
(SE/, Form 700 required)
2nd Monday,
3 p.m. Holstege deHarte
Desert Community Energy Board
(SE/, Form 700 required)
3rd Monday,
2:30 p.m. Middleton Bernstein
Eastern Riverside County Interoperable
Communications Authority
2nd Thursday
4p.m. Garner Middleton
Friends of PS Animal Shelter Varies Bernstein Middleton Greater PS Convention & Visitors Bureau
(SE/, Form 700 required) Varies Bernstein deHarte
League of California Cities Varies Middleton
Main Street/Uptown Business Association 1st & 3rd Tuesday 8:30 a.m. deHarte Bernstein
Palm Springs Chamber of Commerce 3rd Thursday
8a.m. Bernstein deHarte
Item 3C - Page 7
Office of the City Clerk Adopted by City Council 01/26/2023 External Organizations Meetings Appointee Alternate
Palm Springs Tourism & Hospitality Organizations
Garner
Mayor
Bernstein
Hotel General Managers Weekly Meeting Wednesdays
8a.m.

PS Hospitality Association Board Meetings 2nd Thursday
11 a.m.

PS Hospitality Association Member Meeting 3rd Thursday
11:30 a.m.

PS Resorts Meetings Varies
Plaza Theater Restoration Fundraising
Committee
Varies Bernstein N/A
Office of Neighborhood Involvement
(One-PS)
1st Tuesday,
5:30 p.m. Bernstein Middleton
Riverside County Community Action Comm.
(SE/, Form 700 required)
3rd Thursday,
5:30 p.m. Virata
Riverside County Transportation Commission
(SE/, Form 700 required)
2nd Wednesday,
9 a.m. Middleton
So. California Association of Governments
Conference & General Assembly Meeting
(SE/, Form 700 reauired)
TBA Middleton
Sunline Transit Agency
(SE/, Form 700 required)
4th Wednesday,
Noon Middleton deHarte
Item 3C - Page 8
Attachment C
FPPC Form 806 (Current)
Item 3C - Page 9
Agency Report of:

Public Official Appointments

1. Agency Name
City of Palm Springs
Division, Department, or Region (If Applicable)
N/A
Designated Agency Contact (Name, Title)
Brenda Pree, City Clerk
Area Code/Phone Number
760-323-8204

2. Appointments
Agency Boards and
Commissions
CVAG
Executive Committee
CVAG
Energy & Environmental
Resources
CVAG
Homelessness
Committee
CVAG
Public Safety Committee

3. Verification
E-mail
[email protected]
Name of Appointed Person
•N Garner, Grace ame (Last, First)
Alternate, if any
Bernstein, Jeffrey
(Last, Firat)
•N deHarte, Ron ame (Last, First)
Alternate, if any
Holstege, Christy
(Last, Firat)
• Holstege, Christy Name (Last, First}
Alternate, if any
Bernstein, Jeffrey
(Last, F-irst)
•N Garner, Grace ame (Last, First)
. deHarte, Ron Alternate, 1f any (Last, Fitat)
A Public Document
California 806
Form
For Official Use Only
Date Posted:

Page _1 __ of _2__ _0_1_/3_0_/2_3 ___ _
(Month, Day, Year)
Appl Date and Per Meeting/Annual Salary/Stipend Length of Term 100
~~~ • Per Meeting: $
Appt Dote
• Estimated Annual:
•
None 0 $0-$1 ,000 • $2,001-$3,000
Lenglh of Tenn • $ 1 ,001-$2,000 • Othttr
75 ~~~ • Per Meeting: $
Appl Dot•
• Estimated Annual:
•
None . $0-$1,000 0 $2,001-$3,000
L9npth of Tffln
• $ 1 ,001-$2,000 • Other
• ~~~ • Per Meeting: $
75 Appl Dote
• Estimated Annual:
•
None • so-$1.000 • $2,001-$3,000 Length of Tenn
• $1 ,001-$2.000 • Ott,.,
~~~ • Per Meeting: $
75 Appl a.I•
• Estimated Annual:
•
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Length ofTwm
• $1,001 -$2,000 • Other
tand FPPC Regulation 18702.S. I have verified that the appointment and information identified above is true to the best of my information and belief.

Brenda Pree City Clerk tl3o/zs Print Name
Comment: Yearly Update - Adopted at City Council Meeting 01 /26/2023 Print Clear
Tdle rf.ionth, Day, Year)
FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
Item 3C - Page 10
Agency Report of:

Public Official Appointments
Continuation Sheet

1. Agency Name
City of Palm Springs

2. Appointments
Agency Boards and
Commissions
CVAG
Transportation Committee
Coachella Valley
Conservation
Commission
Greater Palm Springs
Convention and Visitors
Bureau
Riverside County
Transportation
Commission
Sunline Transit Agency
Coachella Valley
Mountains Conservancy
Board
Name of Appointed Person
Middleton, Lisa •Name ------~~-•u~.F~~~ij------
Garner, Grace Alternate , if any ___________ _
(Last, First)
deHarte, Ron •Name ------~~-.u~.F~~~ij- --- --
Bernstein, Jeffrey
Alternate , if anY-------,.-------- (L.a1, F,rst)
Bernstein, Jeffrey •Name ------~~-.,~(F~,,~ij------
deHarte, Ron Alternate, if any ___________ _
(L• sl, Fitat)
Middleton, Lisa •Name ----- --,-~ --,------ (L•st, Fiflt) None Alternate, if any ____________ _
(Lau, Fnt)
Middleton, Lisa •Name ------~~-.u~.F~uu~i---- - -
deHarte, Ron Alternate, if any ____________ _
(La$t. Firs!)
Holstege, Christy •Name------~~.-u~.F~,m~i------
deHarte, Ron Alternate, if any ___________ _
(Last, First)
Appt Date and
Length of Tenn
None •------- Length of Term
None •------- Length of Term
None •------- Length of Tenn
None •------- Length of Term
California 806
Form
A Public Document
Page _ 2_ of _ 2_
Date Posted: _.,,.0,...1..,./,-30.,../_2..,.02,...3-,-- (Month, Day, Year) Per Meeting/Annual Salary/Stipend
75 • Per Meeting: $ _____ _
• Estimated Annual:
[8J $0-$1,000 • $2,001-$3,000
O s1.001-s2.ooo •-----
o,;,.,
75 • Per Meeting: $ ------
• Estimated Annual:
[8J $0-$1,000 • $2,001-$3,000
O s1.001-s2.ooo 0 __ 0.,..,,,,...,--
50 • Per Meeting: $ _____ _
• Estimated Annual:

IB1 so-$1,000 • $2,001-$3,000
O s1 .001-s2.ooo •----- o,;,.,
100
• Per Meeting: $ ------
• Estimated Annual:

O so-$1.000 0 $2,00 1-$3,000
[8J $1 ,001-$2,000 • --""o,,,,...,--
50 • __Q!_/ -23._t ~ • Per Meeting· $ ------
App/0... • Estimated Annual:

N [8J $0-$1 ,000 0 $2,001-$3,000 one •-------
•
•
LMgthofTwm
O s1 ,001 -s2.ooo •--.,..0
,,,,...,--
__Q!_t -23._t ~ • Per Meeting: $ 75
Appl Dot• • Estimated Annual:

None [8J $0-$1 ,000 • $2,001-$3,000
Lw,gth of Twm
O s1 ,001-s2.ooo • o,;,.,.

FPPC Form 806 (1/1 8)
FPPC To ll-Free Helpline: 866/ASK-FPPC (866/275-3772)
Item 3C - Page 11

CITY COUNCIL STAFF REPORT
12/14/2023 BUSINESS & LEGISLATIVE
SUBJECT:

TELECONFERENCING OF CITY COUNCIL AND CITY BOARD/ COMMISSION

MEETINGS
RECOMMENDATION:

Provide direction with regard to whether, and to what extent, the City Council wishes to have meetings of the City conducted by teleconferencing, including remote participation by members of the public, City staff and third parties with items on the agenda.

Attachments
Item 3D

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 14, 2023 BUSINESS & LEGISLATIVE
SUBJECT: TELECONFERENCING OF CITY COUNCIL AND CITY BOARD/

COMMISSION MEETINGS
FROM: Scott C. Stiles, City Manager
BY: Brenda Pree, City Clerk
Jeffrey S. Ballinger, City Attorney
SUMMARY:

On October 8, 2023, Assembly Bill 557 was signed into law by Governor Newsom. This new law, effective January 1, 2024, limits the Brown Act’s relaxed teleconferencing procedures that the City currently uses.

This agenda item provides the City Council with an opportunity, in light of these changes, to discuss and provide direction with regard to whether, and to what extent, the City Council wishes to have meetings of the City Council and various City Boards/Commissions conducted by teleconferencing, including remote participation by members of the public, City staff and third parties with items on the agenda.

RECOMMENDATION:

BACKGROUND:

As discussed in more detail in the Council’s February 21, 2023 staff report (Attachment 1), prior to AB 557, there were 3 categories of teleconferencing under the Brown Act:

1. The traditional teleconferencing provisions, adopted originally in 1988, imposing such requirements as: (a) posting of agendas at each location at which members are present; (b) making those remote locations open to the public; (c) requiring at least a quorum of the legislative body to be present within the City.

2. COVID-era teleconferencing, which were originally adopted by Executive Order and later adopted by the Legislature as AB 361, effective January 1, 2022. Under Item 3D - Page 1
these relaxed rules, the three requirements listed in paragraph (1) above were removed when there is a Governor-declared state of emergency, or if the City Council finds that both: (a) state or local officials continue to impose or recommend measures to promote social distancing; and (b) the City Council continues to make these findings every 30 days.

3. Post-Pandemic teleconferencing, adopted as AB 2449, effective January 1, 2023, providing a new teleconferencing option that could be used when a member has to attend remotely due to an “emergency” or other “just cause.” AB 2449 included several restrictions, such as the number of times that members could participate under each of these categories, the requirement that the identity of persons over 18 in the same room as the remote member be disclosed (as well as the relationship with that individual), and the requirement that the remotely participating member participate by both audio and video.

STAFF ANALYSIS:

The text changed by AB 557 is attached to this staff report as Attachment 2. It amends two provisions of the relaxed teleconferencing rules established by AB 361:

1. The finding that “state or local officials have imposed or recommended measures to promote social distancing” is no longer a basis for relaxed teleconferencing, as was the permitted under AB 361. This is the finding that the City of Palm Springs has been utilizing since AB 361 went into effect.1

2. When teleconferencing is allowed under AB 361, the City Council may now renew the required findings every 45, rather than every 30, days.

AB 557 makes no changes to the text of the traditional teleconferencing provisions, nor to the text of the Post-Pandemic (AB 2449) teleconferencing provisions. So, while the City can no longer rely on the above-referenced finding to use relaxed teleconferencing based on social distancing measures, the City can continue to rely on traditional teleconferencing requirements, or to allow remote attendance of Councilmembers/ Commissioners on a case-by-case basis using the “emergency” and “just cause” provisions added by AB 2449.

In addition, the teleconferencing rules discussed in this staff report apply only to situations where one or more Councilmembers/Commissioners are teleconferencing in to a meeting. These rules do not affect the ability of the City to allow, restrict, or prohibit the use of teleconferencing by others, such as City staff, consultants, the public, or third parties with items on the agenda (i.e., vendors, applicants, etc.). 1 Remote meetings are still authorized in situations where the Governor has proclaimed a state of emergency and where meeting in person presents imminent risks to health or safety.

Item 3D - Page 2
Options:

Since the relaxed options of AB 361 teleconferencing are all but eliminated, the City Council’s options, as of January 1, 2024, include:
• Making the traditional teleconferencing methods available to City Councilmembers and members of the City’s Boards/Commission. • Making AB 361 teleconferencing methods available, at least during Governordeclared states of emergency. • Making teleconferencing available to City Councilmembers and members of the City’s Boards/Commission on a case-by-case basis using the “emergency” and “just cause” (AB 2449 method).
• Making teleconferencing available for members of the public, vendors, consultants, etc., to appear via phone or videoconference technology.

With respect to the AB 2449 teleconferencing, when that alternative was first provided to local agencies in 2022, many local agencies opted not to use it, because of the ambiguities contained in the statutory language, as well as the administrative burdens that came with implementing it.

For example, AB 2449 provides that any member of a legislative body may not use the “just cause” basis “for more than two meetings per calendar year.” However, AB 2449 does not indicate whether meetings of subcommittees on which that member serves count toward this two-meeting cap. Moreover, AB 2449 goes on to state that AB 2449 “shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for a period of more than three consecutive months or 20 percent2 of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year.” It is not clear whether this three consecutive month/ 20% is in addition to, or includes, the “two meetings per calendar year” cap, discussed previously. And, this language refers to both “meetings of the legislative body” and “meetings for the local agency”, which are two different things. One refers to meetings of the City Council, while the other refers to meetings of the entire City. Unfortunately, these ambiguities were not resolved by AB 557.

With regard to the administrative impositions, AB 2449 allows a member wishing to participate remotely to alert the City as late as at the start of the meeting that they wish to participate remotely. This means that the City would need to be prepared to provide remote access to that member and the public at a moment’s notice. For requests to participate based on an “emergency”, the City Council or Board/Commission would need to request such authority from the legislative body, and the legislative body would need to make a ruling on each such request at the meeting. This would mean having an additional action item on the agenda. And, staff would need to keep track of the number of meetings conducted by teleconference by each Councilmember as well as the City’s 2 This would equate to a cap of approximately 4 Council meetings, per year for each Councilmember.

Item 3D - Page 3
various Boards/Commission members throughout the year under the two permitted categories.
“ZoomBombing”
In addition to the ambiguous text and practical burdens imposed by the AB 2449 teleconferencing provisions, teleconferencing under AB 2449 requires the City to provide “a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body”. Implementing this requirement increases the risk of a practice that has become known as “ZoomBombing”. Zoombombing is the unwanted, disruptive intrusion, generally by Internet trolls, into a video-conference call. While ZoomBombing has been around since the early days of the COVID-19 Pandemic, it has unfortunately seen an uptick in the last few of months.3 This has led to a number of local agencies discontinuing the use of remote access to their public meetings. 4 At least during
public comment, it becomes legally difficult to cut off speakers, as long as they are on topic, even if those speakers are making rude, obnoxious or downright hateful comments.

While members of the public who repeatedly interrupt the meeting (i.e., during a nonpublic comment portion of the meeting) or interrupt other speakers can be muted, often times the remote access platform affords these individuals a forum for their ugly comments before they can be muted.

Therefore, City staff is requesting Council direction with regard to whether, and to what extent, the City Council wishes to have meetings of the City Council and various City Boards/Commissions conducted by teleconferencing, including remote participation by members of the public, City staff and third parties with items on the agenda.

ENVIRONMENTAL ASSESSMENT:

The requested City Council requested by this staff report is not a “project” as defined by the California Environmental Quality Act (CEQA). Any potential modifications to the City’s teleconferencing procedures constitutes an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment, per CEQA Guideline 15378(b).
3 “Anti-Semites, Racists and Other Bigots are Hijacking Public Meetings”, August 21, 2023, available at:
https://www.adl.org/resources/blog/antisemites-racists-and-other-bigots-are-hijacking-public-meetings. 4 https://www.kpbs.org/news/local/2023/09/19/antisemitic-tirades-at-san-diego-city-council-meeting-highlightperils-of-anonymous-public-comment; https://localnewsmatters.org/2023/09/18/sonoma-county-supervisors-to-banzoom-comments-for-racist-hate-filled-speech/; https://www.abc10.com/article/news/local/sacramento/sacramentoleaders-zoom-public-meetings-hate-speech/103-53f04ba4-cc7a-4f1d-a9df-2532e954a445; https://www.pressdemocrat.com/article/news/santa-rosa-city-schools-board-is-latest-local-government-showeredwith-hate/ Item 3D - Page 4
ALIGNMENT WITH STRATEGIC PLANNING:

Direction from the City Council with regard to more efficient operation of City meetings aligns with the Council goals to “Optimize basic services” and “Streamline City customer services”.

FISCAL IMPACT:

Any potential modifications to the City’s teleconferencing procedures are not likely to result in any significant fiscal impact.

REVIEWED BY:

City Clerk: Brenda Pree
City Attorney: Jeffrey S. Ballinger
City Manager: Scott Stiles
ATTACHMENTS:

A. February 21, 2023 City Council Staff Report
B. Text of Changes made by AB 557
Item 3D - Page 5

ATTACHMENT A

Item 3D - Page 6

CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 21, 2023 BUSINESS & LEGISLATIVE
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TERMINATING THE LOCAL COVID-19
EMERGENCY, EFFECTIVE FEBRUARY 28, 2023; DIRECTION

REGARDING THIRD-PARTY FOOD DELIVERY FEES AND

TELECONFERENCING
FROM: Teresa Gallavan, Interim City Manager
BY: Jeffrey S. Ballinger, City Attorney
SUMMARY:

Due to the lessening effects of the COVID-19 pandemic and in alignment with Governor Gavin Newsom’s announcement that California’s COVID-19 State of Emergency will end of February 28, 2023, the City Council is being requested to rescind the Declaration of the existence of a Local COVID-19 emergency and rescind Resolution No. 24738, which ratified the Declaration supporting the Local COVID-19 emergency.

In addition, City staff and the City Attorney are seeking City Council direction with regard to two items:
• a potential extension of the City’s service delivery fee regulatory ordinance; and • the extent to which the City Council wishes to use, if at all, teleconferencing for City Councilmembers and appointed City Boardmembers/Commissioners.

RECOMMENDATION:

1. Adopt a resolution proclaiming the termination of the existence of a Local Emergency (Novel Coronavirus “COVID-19”) declared March 14, 2020, and rescinding Resolution No. 24738, which ratified the City Manager/Director of Emergency Services’ Declaration of the Existence of a Local Emergency for COVID-19.

2. Provide direction to City staff and City Attorney with regard to:
• Service delivery fee regulation; and
• Teleconferencing by Councilmembers/Boardmembers/Commissioners Item 3D - Page 7
BACKGROUND:

On March 4, 2020, as part of the State of California’s response to address the global COVID-19 outbreak, Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already across multiple state agencies and departments, and help the state prepare for broader spread on COVID-19.

On March 14, 2020, the City Manager, in his capacity as Director of Emergency Services, proclaimed the Existence of a Local Emergency (Attachment 1) in the City of Palm Springs, after determining that the spread of COVID-19 was likely to create emergency conditions of disaster or extreme peril.

The City Council ratified the Declaration of the Local Emergency on March 19, 2020, by adopting Resolution No. 24738 (Attachment 2), which identified extreme peril to the safety of persons and property within the city caused by the threat of COVID-19 that would impact significant City and community operations, including critical public infrastructure and services.

On June 11, 2021, Governor Gavin Newsom signed Executive Order N-07-21 to allow for a full reopening of California, effective June 15, 2021. On October 17, 2022, Governor Newsom announced that the State of California’s COVID-19 State of Emergency will end on February 28, 2023. And, on January 30, 2023, the Biden Administration announced its intent to end the national emergency and public health emergency declarations on May 11, 2023.

In light of the reopening and the abatement of the conditions of extreme peril that existed during much of the COVID-19 pandemic, it is recommended that the City Council adopt the proposed Resolution (Attachment 3), proclaiming the termination of the existence of the Local Emergency (Novel Coronavirus “COVID-19) declared March 14, 2020, and rescinding Resolution No. 24738.

ANALYSIS:

Termination of the locally declared emergency has two primary effects. First, the authority of the City to issue emergency orders will go away. Second, the City’s ability to receive possible state and federal funding to support the City’s emergency efforts would go away.

However, given the diminishing impacts of COVID-19, it is anticipated that the need for such emergency orders and the availability of state and federal funding will no longer be present. Indeed, on July 1, 2021, the City Manager, in his capacity as Emergency Services Director, terminated all of the City’s prior emergency orders, with the exception of the original March 14, 2020 Declaration of Emergency and the City Council’s ThirdParty Delivery Fee Ordinance (Ord. 2033.) Once the City terminates the existence of the Local Emergency declared for COVID-19, there will be two issues that the City Council will need to address. First, is whether the Item 3D - Page 8
City Council wishes to extend or otherwise modify the third-party food delivery fee ordinance. Second, the City Council should decide whether, and to what extent, it wishes to utilize teleconferencing by Councilmembers and Boards/Commission members, pursuant to State law. Each of those issues is addressed in turn below.

Third-Party Food Delivery Fees
On October 8, 2020, the City Council adopted Ordinance No. 2033, which established limitations on third-party food delivery fees. This was done as a result of the increasing use of those food delivery services during the COVID pandemic, as well as concerns that some food delivery services might be gouging customers and restaurants.

Ordinance No. 2033 prohibits a food delivery service from charging a customer a purchase price that is higher than the price set by the restaurant on the app or the menu.

Ordinance 2033 also prohibits any food delivery service from charging a restaurant a delivery fee that totals more than fifteen percent (15%) of the purchase price of each online order. The ordinance also prohibits food delivery services from charging the restaurant more than five percent (5%) of the purchase price for the establishment’s use of the delivery service. Finally, the ordinance prohibits a food delivery service from retaining any portion that is designated by the customer as a tip for the driver.

As an example, if a customer orders a meal that is advertised for $10.00 on the thirdparty food delivery service’s app, the food delivery service cannot charge the customer more than $10.00 for the meal. Nor can the service charge the restaurant more than $1.50 as a delivery fee. Nor can the delivery service charge the restaurant more than 50 cents as a fee or commission for the restaurant’s placement on the delivery service’s app.

Finally, if the customer agrees to provide the delivery person a $2.00 tip, that tip must go to the delivery person; not the delivery service.

Ordinance No. 2033 provides that it will automatically sunset 90 days after the end of the local emergency unless the Council acts to extend the effect of the ordinance. Once the City Council rescinds the Local Emergency Declaration for COVID-19 and rescinds Resolution No. 24738, which ratified the Local Declaration for COVID-19, the City Council will have 90 days from February 28, 2023, to decide whether it wishes to re-establish, either with or without modification, these limitations on third-party food delivery fees.

Otherwise, Ordinance No. 2033 will end as a result of the termination the Local Emergency.

Teleconferencing by Councilmembers & Board/Commission members Below is a summary of the new teleconferencing provisions under the Brown Act. These new teleconferencing provisions are available for use by the City Council and its Boards and Commissions. However, as discussed below, the new provisions are rather cumbersome from an administrative perspective, and the legislation authorizing their use is somewhat ambiguous. Because of this, some local agencies are choosing to forego Item 3D - Page 9
use of these new teleconferencing provisions, and instead relying on the traditional teleconferencing provisions of the Brown Act that were used prior to COVID-19. The Council has broad latitude with regard to teleconferencing in staff, consultants, members of the public and those with agenda items on an agenda.

Brown Act Teleconferencing
The Brown Act first allowed local public agency meetings to be conducted via teleconference in 1988. At the time, San Diego County was considering the use of teleconferencing for meetings and hearings of the board of supervisors due to concerns about the long distances that some of their constituents were having to travel to participate in board meetings. They were especially concerned that these distances were so great that they prohibited some people from attending meetings at all. Assembly Bill (“AB”) 3191 (Frazee), Chapter 399, Statutes of 1988, responded to these concerns by authorizing the legislative body of a local agency to use teleconferencing. Since that time, a number of bills have made modifications to that original authorization.

Prior to the COVID-19 pandemic, the Brown Act’s teleconferencing rules included the following:

1. The agenda must be posted at all teleconferenced locations.

2. Each teleconference location must be accessible to the public.

3. At least a quorum of the legislative body members must participate from within the boundaries of the jurisdiction, except as otherwise allowed by the Brown Act.

4. All votes taken must be by roll call.

5. Teleconferenced meeting must be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body.

6. Notice of the meeting must be given, and agendas must be posted as otherwise required by the Brown Act, i.e., physical internet posting for regular meetings, plus personal delivery for special meetings.

7. Each teleconferenced location must be identified in the notice and agenda.

8. Members of the public must be provided an opportunity to address the legislative body directly at each teleconferenced location.

For obvious reasons, the first three (3) of these requirements proved unworkable during a health pandemic caused by a transmissible virus. As a result, the Brown Act’s teleconferencing requirements were relaxed, first by the Governor’s Executive Order, and later by the Legislature’s adoption of AB 361.

COVID Pandemic Teleconferencing (AB 361)
In 2021, in response to the COVID-19 pandemic, the California Legislature adopted AB 361 to ease certain requirements for holding teleconferenced meetings under the Brown Item 3D - Page 10
Act during emergencies. Specifically, AB 361 removed the first three (3) requirements listed above (posting agenda at all locations, making all locations accessible to the public, and requiring a quorum of the body to be within the jurisdiction). All of the other requirements, plus a few more, remained.

Although AB 361 remains a law through January 1, 2024, Governor Newsom has announced that the declared statewide COVID-19 State of Emergency will end on February 28, 2023. If the COVID-19 State of Emergency ends on February 28, 2023, local agencies may only be able to continue using AB 361 for teleconference meetings if both:

1. state or local officials continue to impose or recommend measures to promote social distancing; and

2. the legislative body has continued to make the required 30-day renewal findings and continues to do so.

Post-Pandemic Teleconferencing
As local agencies saw the effects of the COVID-19 pandemic waning, some local agencies sought the Legislature’s assistance in extending the use of the more flexible teleconferencing provisions. What resulted was AB 2449, discussed below.

AB 2449 provides a new teleconferencing option that can be used when a member of the legislative body has to attend a meeting remotely due to an emergency or other reasons supported by “just cause.” Under these new rules, a legislative body may hold a hybrid (partial teleconference, partial in-person) meeting without having to comply with the standard Brown Act teleconference rules under certain circumstances. These circumstances are:
• Just Cause. One or more members of the legislative body (but less than a quorum) have notified the body at the earliest opportunity of their need to participate remotely for just cause. Just cause is restricted to:

1. childcare or caregiving need for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires remote participation;

2. contagious illness that prevents in-person attendance;

3. physical or mental disability need; or

4. travel while on official business of the agency or another state or local agency.

The legislative body member must notify the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the meeting.

Item 3D - Page 11
• Emergency Circumstance. One or more members of the legislative body (but less than a quorum) experience an emergency circumstance, which is defined as a physical or family medical emergency that prevents in-person attendance, and request to participate remotely. As part of their request, the member must provide a general description of the circumstances relating to their need to appear remotely; however, they are not required to disclose a medical diagnosis, disability, or other confidential medical information. The legislative body must then take action on each member’s request. The member must make their request to participate remotely as soon as possible and must make a separate request for each meeting in which they seek to participate remotely. If the request does not allow sufficient time to be placed on the posted agenda for the meeting for which the request is made, the legislative body may take action on it at the beginning of the meeting.

There are limitations on the number of times a member may use AB 2449 to participate remotely. Specifically, a member may not participate remotely for “just cause” for more than two meetings in a calendar year and, in general, may not use AB 2449 to participate remotely for more than three consecutive months or 20 percent of the regular meetings for the City within a calendar year (or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year). This means that City staff would need to keep track of which meetings were attended remotely by which Councilmembers throughout the year.

In addition to the limitation listed above, in order for the City to use teleconferencing under AB 2449, the meeting format and agendas must comply with the following:
• A quorum of the legislative body must meet in-person at a single, physical location within the City’s boundaries.
• The City must use either a two-way audio-visual system or a two-way phone service with live webcasting.
• The agenda must identify a call-in or internet-based access option for the public, along with the in-person meeting location.
• If a disruption to the online meeting occurs, the legislative body may take no further action on agenda items until public access is restored. • The public must be able to provide comments in real-time. Public comments may not be required to be submitted in advance.
• All votes must be taken by roll call.

In addition, legislative body members participating remotely under AB 2449 must comply with the following requirements during the meeting:
• Before any action is taken, the member(s) must disclose whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member’s relationship with any such individuals.

Item 3D - Page 12
• The member(s) must participate through both audio and visual technology.

AB 2449 presents a host of administrative issues for local public agencies, and each local public agency will want to decide whether, and to what extent, it wishes to take advantage of AB 2449’s provisions. According to the legislative history of AB 2449, the bill “does not require teleconferencing”. (Assembly Floor Analysis, A.B. 2449, (Aug. 24, 2022).) Once the COVID-19 State of Emergency is ended by the Governor, some local agencies currently conducting meetings under the provisions of AB 361 may return to holding fully in-person public meetings. Others may begin holding meetings using the newly adopted AB 2449 (discussed below). Still others may return to in-person meetings but opting to use the traditional Brown Act teleconference rules that existed before COVID (and which continue to exist as part of the Brown Act).

In lieu of AB 2449 teleconferencing, the City may rely on the traditional (1988-era) teleconferencing rules that applied pre-COVID. Those rules remain an available option:
teleconference locations must be identified in the agenda, copies of the agenda must be posted at all teleconference locations, and teleconference locations must be open to the public, and at least a quorum of the members of the legislative body who are participating remotely must do so from locations within the City’s jurisdiction.

Alternatively, the Council could authorize the use of AB 2449 teleconferencing by some of the City’s legislative bodies, such as committees, but not others (i.e., the Council).

Finally, it is important to note that the teleconferencing rules discussed above apply only to situations where one or more Councilmembers/Commissioners are teleconferencing in to a meeting. The Council could, if it wishes, authorize teleconferencing by other parties, such as City staff, consultants, the public, or those with items on the agenda (i.e., vendors, etc.), without having to comply with the requirements discussed above.

Therefore, City staff and the City Attorney seek direction from the City Council as to whether, and to what extent, the City Council wishes to make teleconferencing available to itself and its Boards and Commissions.

ENVIRONMENTAL ASSESSMENT:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. This proposed ordinance, concerning the termination of the COVID-19 Local Emergency, is an organizational or administrative Item 3D - Page 13
activity of government that will not result in direct or indirect physical changes in the environment.

FISCAL IMPACT:

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

REVIEWED BY:

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

1. Declaration of the Existence of a Local Emergency concerning COVID-19 for the City of Palm Springs;

2. Resolution No. 24738; and

3. Proposed Resolution Proclaiming the Termination of the Existence of a Local Emergency (Novel Coronavirus “COVID-19) Declared March 14, 2020, and Rescinding Resolution No. 24738.

Item 3D - Page 14
ATTACHMENT 1

Item 3D - Page 15
Item 3D - Page 16

DECLARATION OF THE EXISTENCE OF A LOCAL EMERGENCY

CITY OF PALM SPRINGS
March 14, 2020
WHEREAS, Palm Springs Municipal Code section 2.20.050(a)(1) empowers the City Manager, acting as the Director of Emergency Services, to proclaim the existence or threatened existence of a local emergency when the City is exposed to an actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City and the City Council is not in session; and WHEREAS, the City Manager, as Director of Emergency Services of the City of Palm Springs, does hereby find that:

1. Threatened existence of conditions of extreme peril to the health and safety of persons in Palm Springs are present as a result of the increasing spread of novel coronavirus (COVID-19) across the state; and

2. The federal Centers for Disease Control and Prevention has confirmed multiple cases of individuals who have severe respiratory illness caused by a novel coronavirus, called COVID-19, as well as deaths caused by this illness; and

3. The World Health Organization declared COVID-19 a pandemic; and

4. On March 4, 2020 California Governor Newsome declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and

5. The increase of reported cases and deaths associated with COVID-19 has also prompted the County of Riverside on March 10, 2020 to proclaim a local and public health emergency; and

6. A proclamation of a local emergency will assist in a coordinated public health response to reduce transmission and illness severity, provide assistance to health care providers, coordinate and mitigate public services that may be disrupted from this emergency, and mitigate any other effects of this emergency on the citizens of the City; and
6!J896.Gl8(1)00\3279S66S.1
Item 3D - Page 17

7. Under California Government Code section 8630(b) and Palm Springs Municipal Code section 2.20.050(a)(1 ), a proclamation of local emergency must be ratified by the City Council within seven (7) days to remain in effect.

NOW, THEREFORE, IT IS HEREBY DECLARED, that a local emergency now exists throughout the City; and
IT IS FURTHER DECLARED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, ordinances, and resolutions of the City of Palm Springs.; and
IT IS FURTHER DECLARED AND ORDERED that, without limiting the nature of the foregoing, the City Manager, as Director of Emergency Services, is empowered:
(A) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; (B) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property, and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use; (C) To require emergency services of any City officer or employee and, in the event of the proclamation of a state of emergency in Riverside County, to command the aid of as many citizens of this community as he deems necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service workers; (D) To requisition necessary personnel or material to any City department or agency; and
(E) To execute all of his ordinary power as City Manager, all of the special powers conferred upon him by Chapter 2.20 of the Palm Springs Municipal Code or by resolution or emergency plan pursuant thereto adopted by the City Council, all powers conferred upon him by any statute, by any agreement approved by the City Council, and by any other lawful authority.

March 14, 2020
APPROVED AS TO LEGAL FORM:

Jeffrey S. Ballinger, City Attorney
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City Manager/Director of Emergency
Services
ATTACHMENT 2

Item 3D - Page 18
Item 3D - Page 19
RESOLUTION NO. 24738

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, RATIFYING THE CITY

MANAGER/DIRECTOR OF EMERGENCY SERVICES'

DECLARATION OF THE EXISTENCE OF A LOCAL

EMERGENCY RELATED TO THE INCREASING SPREAD OF
NOVEL CORONAVIRUS (COVID-19) PURSUANT TO PALM
SPRINGS MUNICIPAL CODE SECTION 2.20.020, AND CITY
CHARTER SECTION 300; AND AUTHORIZING THE CITY

MANAGER/DIRECTOR OF EMERGENCY SERVICES TO

ISSUE ORDERS AND IMPLEMENT SUCH MEASURES AS

NECESSARY TO IMMEDIATELY AND EXPEDITIOUSLY
ADDRESS THE LOCAL PUBLIC HEAL TH EMERGENCY.

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

SECTION 1. THE CITY COUNCIL FINDS AND DECLARES AS FOLLOWS:

A. Chapter 2.20 "Disaster Council" of the Palm Springs Municipal Code ("PSMC") was established to provide for the preparation and carrying out of plans for the protection of persons and property within the City of Palm Springs in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of the City of Palm Springs with all other public agencies, corporations, organizations, and affected private persons.

8. Section 2.20.020 "Emergency defined" of the PSMC defines an "emergency" as the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake, or other conditions, including without limitation conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of this city, requiring the combined forces of other political subdivisions to combat.

C. Section 2.20.050 "Director and coordinator of emergency services" of the PSMC empowers the City Manager or his designee to request the City Council to proclaim the existence of a "local emergency" if the City Council is in session, or to issue such proclamation if the emergency is proclaimed by the director of emergency services; request the Governor to proclaim a "State of Emergency" when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency; control and direct the effort of the emergency organization of the City of Palm Springs; and to execute all of his ordinary power as City Manager, all of the special powers conferred upon him by the PSMC, or by resolution or emergency plan adopted by the Item 3D - Page 20
Resolution No. 24738

Page 2 ends

Palm Springs City CouncilDecember 14, 2023

Palm Springs City Council
December 14, 2023