but receives approximately 5,000,000 visitors annually. The City is within the Coachella Valley, an urban area home to nine cities and a total population of over 370,000. Though growth slowed as reflected in the 2020 decennial census, the Southern California Association of Governments has projected higher growth rates over the coming decade and have allocated the need to accommodate 2,557 new units of housing through 2029, as identified in the Regional Housing Needs Assessment.
E. General Plan. The General Plan was last comprehensively updated in 2007. The City is currently in the process of updating the Land Use Element, Circulation Element, and Safety Element; these elements are scheduled for adoption in late 2023. An updated Housing Element was adopted by the City Council in September 2023,and is currently under review by the Department of Housing and Community Development. The remaining elements of the General Plan (Recreation Element, Air Quality Element, Community Design Elemen t and associated appendices) are not planned for update at this time. The policies of the General Plan are greatly influenced by the desire of the community to preserve open space, protect natural resources, maintain and enhance community character, facilitate affordable housing, diversify the City’s economy, and support a thriving downtown and tourist economy.
F. Urban Design Guidelines. The City intends to undertake a parallel process to establish clearer and more comprehensive Urban Design Guidelines working with a local Working Group of professionals and stak eholders. The Guidelines are intended to shape both new development and the public realm, as well as inform the architectural review process.
G. Affordable Housing Policy. The production of housing that is affordable to workers in the primary employment sectors (tourism, services, retail) is necessary for such industries to remain viable. As new empl oyment-generating development occurs in the City, additional affordable housing will be required to house a portion of the new lower wage workforce. The cost to construct new housing units is higher than can be supported by the rents or home prices that many workers will be able to pay. An economic feasibility study for an inclusio nary housing ordinance and a Commercial / Housing Nexus study have been prepared and the City is currently in the process of drafting an ordinance to enact those programs. The City Council may consider those items in early 2024. The City has committed to various programs in it’s updated Housing Element that will need to be evaluated and incorporated in the Zoning Code update as applicable.
H. Climate Resiliency. The City has made various efforts over the years to address climate resiliency and urban heat. Water Efficient Landscaping guidelines, shading requirements, and turf-removal incentives are just some of the tools currently available. City policy will need to evolve and further address issues related to climate change, drought, sustainable best-practices, and urban heat reduction.
1.2 Scope:
A. The Contractor shall prepare a Revised Zo ning Code and associated regulations for the City of Palm Springs. The zoning code update shall include at least these minimum elements:
1. Background analysis to identify gaps and oppo rtunities in the existing regulatory framework
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Based on advancements in the planning a nd regulatory environment, a first step should be to identify gaps and opportunities in the current Zoning Code and associated ordinances within the City’s Municipal Code.
2. Implementation of the City’s 2023 Limited General Plan Update Ensure consistency between the revised Land Use, Circulation, Safety, and Sustainability elements and the regulations of the Zoning Code. Identify potential sites for zoning changes to accommodate additional housing, commercial, or employment uses. Implement the policies of the General Plan, as applicable.
3. Incorporate the 2021-2029 Housing Element
Ensure that an adequate supply of zoned sites is available to meet the City’s housing needs as established in the Housing Element and by the Regional Housing Needs Assessment and identify other sites as potential sites for zoning changes to accommodate additional housing, including affordable housing.
Evaluate tools to remove barriers to housing production. Consider a robust set of density bonus and other incentive tools to facilitate housing production.
Implement any of the Housing Element commitments, as applicable.
4. Update Regulations pursuant to State and Federal Law Ensure that the regulations of the Zoning Code are compliant with current State and Federal Law, including housing, density bonuses, entitlement processes, federally-regulated uses like wireless communication facilities, and alcohol sales.
5. Incorporate Affordable Housing Tools as Appropriate
The City will be considering inclusionary housing and commercial linkage fees in late 2023 or early 2024. Any final program should be incorporated into the Zoning Code as applicable. The Code should also look at other tools to incentivize the creation of affordable housing, including rental housing, and to remove barriers to their development.
6. Incorporate Climate Resiliency Measures
In response to climate change and increasi ng prevalence of heat-related issues in the desert, the Code will need to consider best practices for urban heat mitigation and climate resiliency, including promoting shading, impervious surfaces, water conservation and drought-resistant landscaping and development standards.
7. Examine and update other pertinent regulations in the City of Palm Springs Municipal Code as necessary to modernize or ensure consistency, including but not limited to:
i. Adult Oriented Business
ii. Vacation Rentals and Event Houses
iii. Cannabis Businesses
iv. Water Efficient Landscaping
v. Subdivision of Land
vi. Parking Regulations
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8. Update to the Historic Preservation Ordinance
Primarily to strengthen the City’s current programs and preservation efforts, with an emphasis on ensuring the overall integrity of the program and revising the City’s Mills Act Contract process to provide additional oversight and east implementation.
9. Prepare Relevant Maps and Figures
As necessary to codify the zoning regul ations and provide easy to understand graphical depictions of zoning concepts or regulations. At minimum, this will include updated zoning maps depicting th e boundaries of the City’s Zoning Districts along with associated digital and shape files that can be used on the City’s website and in the City’s GIS database.
10. Promote flexible and easy to understand development standards as appropriate Identify bar riers to development and recommend solutions to facilitate development and expedite the approvals process. Examine opportunities to strengthen density bonus provisions or other incentives to attract affordable housing development. Identify potential tools to incentivize economic development and job creation, with a focus on the City’s vibrant downtown, airport adjacent areas, and I-10 corridor.
11. Ensure the Zoning Code is User Friendly
The updated Code should be easy to understand by both the development community and the general public, ensuring consistency in definitions, and organizing the document in an easy top read format with liberal use of tables, illustrations, and other graphics that aid in clearly communicating the Code’s goals, objectives, and regulations. Digital co pies of final materials shall also be transmitted to the City for public dissemination.
12. Public Consultation
A robust outreach strategy will be necessary, with major touchpoints during the background/analysis phase to consult the public and stakeholders on what they say as major issues facing the City and during the drafting phase to consult on proposed revisions to the Code. This may involve large format open houses, targeted stakeholder meetings, and surveys as appropriate and agreed upon with the City. A study session of the Planning Commission is anticipated to solicit input at the initial drafting phase. A final draft will be presented to the City’s Planning Commission prior to consideration by the City Council at public hearing.
13. Environmental Documentation / CEQA
The Contractor shall prepare any necessary documentation to ensure compliance with the California Environmental Quality Act (CEQA), which may include the preparation of a Negative Declaration or an Exemption.
B. The Contractor shall prepare Urban Design Guidelines for the City of Palm Springs as follows.
1. Preparation of Objective Design Standards, to comply with State requirements and provide a streamlined review and approval process for residential projects.
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2. Preparation of Urban Design Guidelines. These guidelines would complement the residential objective design standards that will be developed as part of the Zoning Code update. The Guidelines should:
• Maintain neighborhood form and character while also promoting the City’s other objectives for growth and development.
• Promote the integrity of the City’s important natural and historic resources. • Communicate the City’s design expectations.
• Encourage high quality design and development.
• Foster a sense of pride in our community.
• Focus on commercial or non-residential uses and build upon the objective standards for residential uses.
• Integrate with the City’s other documents and allow for improved design review during the entitlement process.
3. The Guidelines should incorporate these minimum elements:
a. Background analysis on issues, opportunities, and best practices. This will include a review of existing practices and procedures, a review of past planning applications, and likely fieldwork.
b. Draft guidelines which shall include relevant graphics and visual materials to illustrate concepts and ensure guidelines are clear and easy to understand. c. Consultation, to include an advisory committee of local stakeholders to advise during the background analysis and draft guideline process, anticipating a minimum of three meetings. Additional public outreach may occur in tandem with the outreach plan associated with the Zoning Code update. d. Hearings, to include one joint study session with the Planning Commission and Architectural Review Committee, and consideration of the final guidelines by both the Architectural Review Committee and Planning Commission. Final approval by the Council may occur in tandem with approval with the Zoning Code update.
1.3 Deliverables:
The Zoning Code update will require the minimum set of tasks and deliverables:
A. Background Analysis
1. Kick off meeting with relevant City Staff.
2. Review recent changes to relevant state laws pertaining to land use and development, including for example S.B.9, S.B.330, and other regulatory changes that direct the zoning and land use process.
3. Review the General Plan and pending update to identify items to be implemented in the Zoning Code and other changes necessary to provide consistency.
4. Research recent development activity through the City and Coachella Valley to identify development trends and regulatory gaps that may exist.
5. Evaluate existing neighborhoods to identify gaps or conflicts in zoning, or opportunities to better facilitate the City’s land use goals and objectives.
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6. Investigate best practices from other jurisdictions as it relates to updating and modernizing the City’s Zoning Code with a focus on affordability, intensification, economic development and diversification, natural resource preservation, sustainability, climate resiliency, and urban heat mitigation.
7. Conduct analysis on the current Zoning Code to identify strengths, weakness, opportunities, and challenges to ensure the Zoning Code is responsive to current and forecasted development trends and forecasts.
8. Identify inconsistencies in the regulatory framework and discrepancies between zoning districts and the built form.
9. Analyze current entitlement processes and application procedures to identify opportunities to expedite processing times and remove barriers to development with a focus on affordable housing development and economic diversification.
B. Outreach and Citizen Participation.
1. Develop a public outreach strategy designed to inform stakeholders and community members and solicit input on potential changes to the Code. The outreach plan should include a variety of forums and strategies, including online surveys, open houses, targeted stakeholder meetings, virtual meetings, and web/social media interactions.
2. Provide outreach to stakeholders and interested citizens relative to any background research/analysis, supporting studies/materials, draft plans, and final plans.
3. Prepare presentation and outreach materials.
4. May require up to two study sessions with the Planning Commission during the background/analysis and drafting phase to gather input prior to advancing for public review.
5. Establish a website to inform and educate the public about the Zoning Code Update.
6. Create an on-line survey to solicit feedback from community members.
7. Collect data and information from stakeholders, citizens, and other interested parties to assist in forming recommendations.
C. Drafting of Revised Zoning Code
1. Prepare drafts of the Revised Zoning Code / Ordinance, including all required maps and graphic materials, for review by City staff and use in public engagement.
2. Prepare any recommended changes to other relevant City policy or ordinance, including the Municipal Code, to modernize and ensure consistency with updated regulations.
3. Incorporate any changes that result from staff and stakeholder engagement.
4. Prepare digital copies of all materials, including relevant maps in a format that can be integrated with the City’s internal GIS system as well as for potential public use on a digital platform.
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D. Preparation of Environmental Documentation
1. Prepare an Initial Study in accordance with the California Environmental Quality Act (CEQA). The Initial Study shall evaluate all potential environmental impacts associated with the proposed amendments to the Zoning Code. The City assumes that the Initial Study will result in the preparation of a Negative Declaration.
E. Public Hearing and Adoption
1. Anticipate a minimum of two public hearings before each of the Planning Commission and before the City Council.
2. Incorporate any changes into the draft Code that arise from the public hearing or as directed by the Planning Commission or City Council.
3. Assist in the preparation of any staff reports or presentation materials needed to present the revised plans to the public, Planning Commission, or City Council.
F. Final Updated Zoning Code
1. Prepare a Final Zoning Code, complete with changes as approved by the Planning Commission and City Council. A master copy shall be provided to the City from which copies may be made.
2. A digital copy in an electronic PDF format shall be provided that can be easily placed on the City’s website for access by the public.
3. The Contractor will also provide the City with an editable version in MS Word.
G. Electronic/Online Land Use Code
1. Contractor will prepare an electronic version of the Code for posting on the City’s website for access by the public. This may include a PDF of the entire Code, or a segmented version, at the discretion and need of the City.
2. Shapefiles for revised zoning district boundaries and other associated maps shall also be provided for incorporation into the City’s GIS software for both internal and external use.
H. Urban Design Guidelines
The final Guidelines shall be provided to the City with one master hard copy from which copies may be made, as well as a digital copy in an electronic PDF format that can be utilized on the City’s website and di stributed publicly. An editable MS Word version shall also be provided to the City. Any relevant shapefiles or graphic files shall also be provided digitally.
1.1 Schedule:
Work is anticipated for both zoning code update and urban design guidelines to commence in February 2024 and expected to be completed by the end of the last quarter 2025. A snapshot of the schedule is as follows:
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1.2 Compensation:
Work will be compensated on a lumpsum basis for each of the two tasks. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previo us month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.
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EXHIBIT “B”
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
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INSURANCE
1. Procurement and Maintenance of Insur ance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property result ing from Contractor’s performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty ( 30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, offi cers, employees, agents, and volunteers as additional named insureds by original endorseme nt shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.
2. Minimum Scope of Insurance . The minimum amount of insurance required under this Agreement shall be as follows:
1. Comprehensive general liability and persona l injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;
3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
___x_____ is not required;
4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contra ctor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.
3. Primary Insur ance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with resp ect to the City and its respective elected officials, officers, employees, agents, and vo lunteers. Any insurance or self-insurance maintained by City and its respective electe d officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.
4. Errors and Omissions Coverage . If Errors & Omissions Insurance is required, and if Contractor provides claims made profes sional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to main tain professional liability insurance coverage Item 3D - Page 27
with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of t he purchase of the required tail insurance or continuation of the professional liability policy.
5. Sufficiency of Insurers . Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.
6. Verification of Coverage . Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. Th e certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insu rers to provide complete , certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
B. "This insurance is primary and non-con tributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of an y kind upon the company, its agents or representative" is not acceptable and must be crossed out.
D. Both the Workers’ Compensation and Em ployers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, th e City of Palm Springs shall be named the certificate holder on the policies.
All certificates of ins urance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance Item 3D - Page 28
underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.
7. Deductibles and Self-Insured Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volu nteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance mu st include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.
8. Severability of Interests (Separation of Insureds) . This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.
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ATTACHMENT %
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Palm Springs, CA Zoning Code Update | 29CODE STUDIO 12/06/2023
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? F Yes F No
5. Type of Entity
F Corporation F Limited Liability Company F Partnership F Trust F 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
________________________ F Officer F Director F Member F Manager [name] F General Partner F Limited Partner
FOther ___________________________
_______________________________ 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
F Other __________________________
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30 | Palm Springs, CA Zoning Code Update CODE STUDIO 12/6/2023
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 &ROLQ6FDUII &RGH6WXGLRLQF
/HH(LQVZHLOHU &RGH6WXGLRLQF
&ROLQ6FDUII9LFH3UHVLGHQW
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