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June 13, 2024

June 13, 2024
locations with minimal impact to the design intent. The home retains the integrity of materials which contributes to the clear depiction of the design intent. The integrity of design is met.

3. Setting:

The single-family home remains in a residential subdivision and the home occupies the same location on the lot as it was originally intended. New hedges for privacy screening were installed to the front of the home which has altered the visibility of the h ome from the public right-of-way but the overall relationship between the home and the open areas on site remain consistent given that no significant additions were added to the home.

4. Materials:

The exterior of the building is comprised of unadorned stucco walls, unpainted Arizona sandstone, thin vertical wooden columns, and steel framed windows. New solar panels were installed to the flat roof but with a minimal profile and a new sliding door and windows were added to the rear façade but all the fenestration and sandstone details on the primary facades appear to be original. The materials play an important role in the design of the building because they incorporate the decorative elements that tie the design together. The integrity of materials is met.

5. Workmanship:

Conventional construction methods were used to build the home but the attention to detail is clearly visible when you observe the thin inset mortar joints between each layer of Arizona sandstone. The property as it stands exhibits craft and high- quality workmanship. City Council finds the integrity of workmanship is met.

6. Feeling:

The property remains a single-family home and clearly demonstrates characteristics pertaining to Late Moderne architecture. The clear visibility of the site is now partially obstructed due to the newly planted vegetation, however, the feeling related to the design remains fully intact. The integrity of feeling is met.

7. Association:

The property is associated with the designer Herbert W. Burns and the high level of design and material integrity that is retained affirms the building’s strong association with the designer.

The integrity of association is met.

SECTION 3: DEFINING HISTORIC CHARACTERISTICS

In considering a recommendation for historic resource designation it is important to distinguish those physical elements that are original or from the period of significance that contribute to the resource’s historic significance from alterations, additions or features that were added at a later time that may be sympathetic to the original character, but which may create a false sense of historicity. Distinguishing original character-defining features from non-original elements aids the Item 2A - Page 11
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HSPB when it is tasked with evaluating future alterations to the historic resource.

The following is a list of character-defining features identified by the City Council:

Character-defining features of the resource are as follows:
• Overall site design
• Low-slung one-story configuration with horizontal massing and splayed L-shaped building footprint
• Two main building volumes separated by inset entryway beneath a rectangular canopy • Unadorned stucco walls and stucco cladding with continuous slightly projecting relief along the roofline at exterior walls
• Flat roofline with wide overhanging eaves
• Flat-stacked Arizona sandstone chimneys projecting above the roofline at the north and west elevations
• Fenestration patterns consisting of rectangular fixed and casement steel-frame windows at all elevations
• Rectangular Swimming pool
• Flat-stacked Arizona sandstone wall, east of inset entryway at north elevation • Low flat-stacked Arizona sandstone planters at north and south elevations • Vertical cylindrical poles used as accents framing the north elevation of the western volume
• Low concrete wall separating the front yard from the sidewalk

Non-contributing elements:
• Concrete entry pathway
• Hedges installed along the street-facing front façade • Enclosed carport with garage door east of the sandstone chimney on the north elevation • Sliding glass door on the rear elevation
• Privacy wall that terminates into the corner of the west façade • Spa attached to the swimming pool

SECTION 4: ENVIRONMENTAL ASSESSMENT

The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.

SECTION 5: CONDITIONS THAT APPLY TO HISTORIC SITES:

According to Section 8.05 of the Municipal Code, the following shall apply to a Class 1 Historic Resource:

1. It shall meet the definition of a Class 1 historic site as outlined in Municipal Code Section

8.05.020.

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2. An archival file on the property shall be maintained by the City.

3. It may be qualified as ‘historic’ at the federal, state, and/or county level.

4. The structure/site may not be modified, nor objects removed without following the procedures outlined in Municipal Code Section 8.05.110 “Demolition or Alteration of Class 1 and Class 2 Historic Resources – Certificate of Appropriateness”.

5. A marker explaining the historic nature of the site may be installed at the site in a location viewable from the public way.

6. Compliance with all rules and regulations for Historic Sites and Historic Districts under Chapter 8.05 of the Municipal Code shall be required.

7. The site shall not be further subdivided.

8. The City Clerk shall submit the Council Resolution to the County recorder for recordation within 90 days of the effective date of the Council’s resolution.

Based upon the foregoing, the City Council hereby designates the “Harriet Van Horn Residence” located at 1121 Linda Vista Road, a Class 1 (Landmark) Historic Resource (Case HSPB #157).

ADOPTED THIS THIRTEENTH DAY OF JUNE, 2024.

SCOTT STILES

CITY MANAGER
ATTEST:

BRENDA PREE, MMC

CITY CLERK

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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

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BRENDA PREE, MMC

CITY CLERK
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HISTORIC RESOURCES REPORT

The Harriet Van Horn Residence
1121 Linda Vista Road
Palm Springs, California

Prepared for:

City of Palm Springs
3200 Tahquitz Canyon Way
Palm Springs, CA 92263

Prepared by:

Chattel, Inc. | Historic Preservation Consultants
13417 Ventura Boulevard
Sherman Oaks, CA 91423

May 23, 2024
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2 TABLE OF CONTENTS

I. Introduction and Executive Summary ................................ ................................ ........... 4

II Qualifications ................................ ................................ ................................ .................. 5

III. Methodology ................................ ................................ ................................ ................... 6

IV. Regulatory Setting ................................ ................................ ................................ .......... 7 City of Palm Springs ................................ ................................ ................................ ......... 7 Previous Surveys, Evaluations, and Reports ................................ ................................ ..... 9

V. Description ................................ ................................ ................................ .................... 10 Physical Description................................ ................................ ................................ ........ 10 Alterations................................ ................................ ................................ ....................... 10 Character-Defining Features ................................ ................................ ........................... 12 Subject Property History ................................ ................................ ................................ . 13 Period of Significance ................................ ................................ ................................ ..... 15

VI. Historic Contexts ................................ ................................ ................................ .......... 16 Post-World War II Residential Development in Palm Springs ................................ .......... 16 Herbert W. Burns ................................ ................................ ................................ ............ 19 Late Moderne ................................ ................................ ................................ ................. 22

VII. Historic Resource Assessment ................................ ................................ ................... 24 City of Palm Springs ................................ ................................ ................................ ....... 24 Integrity ................................ ................................ ................................ ........................... 26

VIII. Conclusion ................................ ................................ ................................ .................... 28

IX. Bibliography ................................ ................................ ................................ .................. 29

X. Attachments
Attachment A: Citywide Historic Inventory Property Data Form Attachment B: HSPB Staff Report
Attachment C: Maps and Aerials
Attachment D: Historic Images
Attachment E: Contemporary Photos

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4 I. INTRODUCTION AND EXECUTIVE SUMMARY

The purpose of this Historic Resource s Report (report) is to determine if the property located at 1121 Linda Vista Road, Palm Springs, California (Assessor Parcel Number: 507-132-001, subject property) is eligible as a Class 1 or Class 2 historic resource under the City of Palm Springs (City) Historic Preservation Ordinance . The subject property contains a 1948 single -family residence designed by master designer Herbert W. Burns in the Late Moderne architectural style within the historic context of the Post-World War II period (1945-1969). The residence is located in the Movie Colony East neighborhood of Palm Springs and the El Mirador Park tract . It is currently identified as a City Class 3 building, or potentially eligible resource, and was previously assigned California Register of Historical Resources (California Register) status code 5S3, appearing individually eligible for local listing or d esignation through survey evaluation as part of the Citywide Survey published in 2018.

On February 6, 2024, the City Historic Site Preservation Board (HSPB) approved to stay a request for alteration at the subject property for a period of up to 120 days in order to authorize the processing of a designation application to consider if the subject property qualifies as a Class 1 or Class 2 historic resource.

For the reasons stated in this report, the subject property is eligible for local designation as a Class 1 historic resource under City Criterion iii for reflecting the Late Moderne architectural style associated with the Post-World War II period in Palm Springs and Criterion v as an early extant and largely intact single-family residence designed by master designer Herbert W. Burns. The subject property continues to retain integrity of location, design, setting, materials, workmanship, feeling, and association. The period of significance is 1948, when the subject property was constructed.

Refer to Attachment A for Citywide Historic Resource Inventory property data form prepared by HRG, Attachment B for the HSPB staff report, Attachment C for maps and aerials, Attachment D for historic images, and Attachment E for contemporary photos.

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5 II. QUALIFICATIONS

Chattel, Inc. (Chattel) is a full-service historic preservation-consulting firm with practice throughout the western United States. The firm represents governmental agencies and private ventures, successfully balancing project goals with a myriad of histor ic preservation regulations without sacrificing principles on either side. Comprised of professionals meeting the Secretary of the Interior’s Professional Qualifications Standards in history, architecture, architectural history, and historic architecture, the firm offers professional services including historical resources evaluation and project effects analysis, in addition to consultation on federal, state, and local historic preservation statutes and regulations.

Chattel staff engage in a collaborative process and work together as a team on individual projects.

This report was prepared by President Robert Jay Chattel, architectural historian and preservation architect, and Senior Associate Alvin-Christian Nuval, planner. Additional review was provided by Principal Associate Christine di Iorio, planner and architectural historian.

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6 III. METHODOLOGY

Primary and secondary source materials were consulted for the development of this assessment and applicable historic contexts. For a complete list of sources, see bibliography. Sources generally included:

• Building permit records provided by the City of Palm Springs. • Citywide Historic Context Statement & Survey Findings prepared by Historic Resources Group (HRG) in 2016-2018.
• Newspaper articles (primarily from the Palm Springs Desert Sun and Palm Springs Limelight News, available online through Newspapers.com). • The Design of Herbert W. Burns , written by Steven Keylon and published by the Palm Springs Preservation Foundation.
• Historic and current aerials from NETR Historic Aerials and Google Earth. • Other previous surveys, evaluations, and reports of the subject property.

A site visit was conducted by President Robert Jay Chattel, architectural historian and preservation architect; Principal Associate Christine di Iorio, planner and architectural historian ; and Senior Associate Alvin-Christian Nuval, planner, on April 19, 2024, during which the exterior of the subject property was extensively photographed, and integrity was assessed.

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7 IV. REGULATORY SETTING

City of Palm Springs

In considering eligibility as a historic resource, the City has a system in which properties may be classified as having Class 1, 2, 3, or 4 status. As defined in Palm Springs Municipal Code (PSMC) Section 8.05.020:

“Landmark/Class 1 historic resource” means any site, structure, building or object not located on Tribal Trust or Allocated Trust Land designated by resolution of the City Council as having historic, architectural, archaeological, cultural, or aesthetic si gnificance that contributes to an understanding and awareness of the community’s history.

“Historic Merit/Class 2 historic resource” means a site, structure, building or object not located on Tribal Trust or Allocated Trust Land that does not qualify for Class 1 historic resource designation under this chapter, but is otherwise deserving of official recognition as having historic, architectural, archaeological, cultural, or aesthetic significance and is designated as a Class 2 historic resource by resolution of the City Council. A Class 2 historic resource may lack some aspects of historic integrity, or may include a site where the structure, building or object of historic significance has been lost, damaged or removed.

Class 2 sites on which the historic resource still exists are e ligible for the execution of a Mills Act historic property preservation agreement, as determined by City Council.

“Potentially Eligible/Class 3 building” means any building which is not a Class 1 or Class 2 historic resource, but is identified in a City historic resources survey as eligible for designation as a historic resource. A building may be a Class 3 building r egardless of the construction date or the improvements thereon. Class 3 sites are not eligible for the execution of a Mills Act historic property preservation agreement.

“Class 4 building” means any building which is not a Class 1 or Class 2 historic resource or a Class 3 building, and on which the building or improvements thereon were constructed before January 1, 1978, or whose age cannot be determined. The City Council shall review this date and update it as it deems appropriate through amendment to this chapter.

Under PSMC Section 8.05.070(C)(1), City Council may designate a property as a Class 1 historic resource if it meets the following criteria of subsections (a) and (b):

a. The site, structure, building or object exhibits exceptional historic significance and meets one or more of the criteria listed below:
(i) The resource is associated with events that have made a meaningful contribution to the nation, state or community; or
(ii) The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history; or
(iii) The resource reflects or exemplifies a particular period of national, state or local history; or
(iv) The resource embodies the distinctive characteristics of a type, period or method of construction; or
(v) The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his or her age, or that possesses high artistic value; or
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8 (vi) The resource represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists; or
(vii) The resource has yielded or may be likely to yield information important to national, state or local history or prehistory.
b. The site, structure, building or object shall be evaluated for integrity of location, design, setting, materials, workmanship, feeling and association according to the United States Department of the Interior, National Park Service’s National Register Bull etin titled:
“How to apply the National Register Criteria for Evaluation” as revised from time to time.

The City Council may designate a property as a Class 2 historic resource if it meets the criteria of subsection (a) above but does not meet the findings for integrity in subsection (b).

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9 Previous Surveys, Evaluations, and Reports

The following section summarizes previous surveys, evaluations, and reports completed for the City regarding the subject property. See Attachment A for Citywide Historic Resources Inventory property data form prepared by HRG and Attachment B for the HSPB staff report.

Citywide Historic Resources Inventory Property Data Form, 2016

In 2016, a property data form was prepared as part of the Citywide Historic Resources Inventory which gave the subject property California Register status code 5S3 as individually eligible for local listing or designation through survey evaluation. The period of significance was identified as 1948, the year of construction, with applicable criterion C/3/4,5 , all for architecture . Regarding significance, the evaluation states:

This property is significant as an excellent example of Mid -century Modern residential architecture designed by prominent Los Angeles-based builder/contractor Herbert Burns. It exhibits quality of design and signature Burns design elements, including a prominent stone chimney, stone planters, and canopies supported on clustered posts.

The evaluation also identified the following character-defining features:

• One-story configuration with simple geometric forms
• Horizontal massing
• Flat roof with wide overhanging eaves and cantilevered canopies • Unadorned wall surfaces with little decorative detailing • Stone used as exterior accent material
• Flush-mounted steel sash windows

HSPB Staff Report, 2024

City staff prepared a staff report, dated February 6, 2024, for review and approval by the HSPB in response to a request by the property owner to complete minor alterations to a Class 3 building.

The staff report provided an initial analysis of the subject property for significance under local designation criteria, finding it appears to meet Criterion iii for exemplifying characteristics of the Late Moderne architectural style in the Post-World War II period and Criterion v as an exceptional work of local master designer Herbert W. Burns. Furthermore, the staff report found material and design integrity at the subject property to be in excellent condition. Staff recommended that the HSPB authorize a stay of alteration of up to 120 days to process an application to analyze the qualifications of the subject property for local historic designation as a Class 1 or Class 2 historic resource.

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10 V. DESCRIPTION

Physical Description

The following physical description is based on review of available historic documentation and inspection from the April 19, 2024 site visit. See Attachment C for maps and aerials, Attachment D for historic images, and Attachment E for contemporary photos of the subject property.

The subject property is located at 1121 Linda Vista Road (APN 507-132-001) in the El Mirador Park tract and contains a one-story single-family residence with splayed L-shaped footprint constructed in 1948. It is situated at the southeast corner of Linda Vista Road (Linda Vista) and Pasatiempo Road (Pasatiempo) and is adjacent to other one-story single-family residences. The primary north elevation faces Linda Vista and is composed of two main volumes separated by an inset entryway.

The eastern volume is lar gely parallel with Linda Vista, but the western volume angles slightly towards the corner of Linda Vista and Pasatiempo. The roof is flat and contains solar panels that are minimally visible from the street.

Exterior walls are clad in stucco with rectangular steel -frame windows. A continuous stucco relief slightly projects forward and wraps around the building just below the roofline of the exterior walls creating an element of horizontality that is also evident in the flat overhanging eaves . The steel- frame window at the north elevation of the eastern volume is designed in a tripartite configuration with a rectangular multi-pane fixed window flanked by multi -pane steel frame casement windows.

At the north elevation of the western volume, a very large rectangular picture window is located between two tripartite windows that are similar to those at the eastern volume . All windows at this volume have a row of multi -pane transom windows above. This configuration is mirrored at the south elevation of the western volume facing the swimming pool. Windows at all other elevations generally consist of similar configurations of casement or fixed steel -frame windows. The original window configurations at the subject property were intentionally designed to create cross-ventilation at interior spaces and capture views. The two rear yard elevations facing the swimming pool contain contemporary sliding glass doors that were installed in 2023 and replaced previous single doors and windows that had been previously altered.

Rectangular chimneys comprised of flat-stacked Arizona sandstone mortared in a linear pattern extend from grade to project above the roof and help frame the residence at the east and west.

Additional flat-stacked Arizona sandstone is used east of the inset main entryway and at low planters filled with rocks at the north and south elevations. Planters at the two rear pool -facing elevations appear to have been altered as the mortar between flat-stacked Arizona sandstone have been applied more flush with the face than at the chimneys and north elevation planters. Vertical cylindrical wood poles provide additional accent, primarily framing the north elevation of the western volume, with two poles at the east and eight at the west . The rear four poles in the west grouping of eight have been cut to sit upon an added privacy wall.

The inset main entryway is highlighted with a flat-stacked Arizona sandstone wall at the east elevation and contains a painted wood slab door beneath a rectangular secondary canopy below the roofline. The entryway is accessed from Linda Vista by a row of large square concrete pavers surrounded by gravel.

A concrete driveway from Linda Vista at the east side of the property leads to a partially enclosed single-car garage converted from a carport with corrugated metal roof and contemporary garage door. The roof slightly slopes down to the east and t he garage is inset from the main house. The Item 2A - Page 25
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garage door, the stucco-clad wall surround, and the stucco-clad eave all appear to be alterations.

The east elevation is unenclosed and likely reflects the early carport configuration before the enclosed north wall with door was added. Steel-frame casement windows and glass block windows are located at the east elevation of the house facing the interior of the garage. Some glass block windows have rectangular vents that appear to be original . A separate accessory building sits at the rear of the garage at the southeast corner of the property.1 The accessory building has stucco cladding and similar windows to the house. Though the accessory building walls do not touch the house, it is connected at the roof. The flat-stacked Arizona sandstone planters at the walls facing the garage have either been fully or partially removed or are no longer extant.

What appears to be an original low concrete wall helps to provide separation between the front yard and the street and is lined with recent hedge planting to provide a level of privacy. A rectangular swimming pool is located at the rear of the property in a yard enclosed by a stucco -clad concrete block wall. There is additional evidence that the rear yard was expanded to the north. A rectangular spa was added adjacent at the north side of the pool in 2023. Landscaping at the subject property is minimal and consists primarily of decomposed granite and gravel, palms, ocotillo, and other desert plants.

The subject property remains largely intact from its original construction. Available building permits include the original permit for the residence with garage, addition or modification of a swimming pool, sprinkler installation, and conversion of a storeroom into a dark room. Review of a 1949 historic photo (see Attachment D, Image 3) shows that the carport/garage at the east elevation and the privacy wall surrounding the rear yard were later additions, though the carport/garage appears in a 1965 historic aerial (see Attachment C, Image 3). While master designer Herbert W. Burns was known for his use of vertical cylindrical poles made of steel, the poles at the subject property are made of wood. Still, it is possible that this is the original material as part of one of Burns’ earliest residences in Palm Springs prior to transitioning to steel. New landscape work appears to have occurred after 2019, based on review of Google Street View images, which included replacing the previous pathway to the inset entryway with the large square concrete pavers, addition of hedge planting, and additional new planting. New sliding doors were added at the rear pool -facing elevations in 2023 where previous windows and doors were removed.

The following table provides a summary of available building permits. See Attachment D , Image 2 for the original 1947 building permit.

Date Owner Description/Notes
7/31/1947 O.W. Karn + R.C.

Inger
Building permit for construction of a six room dwelling with garage. No architect is listed. R.C. Inger was owner of the El Mirador Tract and develop it as part of firm Inger and
Wheeler.
1/21/1951 Barney Barnard Permit for work at swimming pool. Due to illegibility, it is unclear if this is for new construction or alteration.
10/17/1951 B. Barnard Permit for installation of sprinkler system. 3/9/1953 Barney Barnard Permit to convert store room to dark room. 1/23/2023 Ken Sim Permit for addition of new spa and deck. 3/30/2023 Ken Sim Permit for replacement of window and door replacement. 1 This accessory building is identified as a former maid’s quarters in Steven Keylon’s book, The Design of Herbert W. Burns.

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Character-Defining Features
Character-defining features are the physical features of a building that convey its significance. A three-step approach, as described in Preservation Brief #17: Architectural Character: Identifying the Visual Aspects of Historic Buildings as an Aid to Preserving Their Character 2 is utilized to identify materials, features, and spaces that contribute to the historic significance of the subject property. The purpose of this approach is to identify features or elements that give a building its historic visual character and that shou ld be preserved to the maximum extent possible. This approach involves first describing a building from afar in order to present the characteristics that comprise its overall setting and architectural context; then describing the exterior up-close to define materials, surface finishes, and manner in which it was constructed; and, finally, describing the spaces, rooms, and details that comprise its interior visual character. Note that interiors are typically not considered when reviewing properties for eligibility as a City historic resource and are therefore excluded from the list below.

The subject property has the following character-defining features that convey its significance:

Overall Visual Aspects
• One-story configuration with horizontal massing and splayed L-shaped footprint. • Two main building volumes separated by inset entryway beneath a rectangular canopy. • Stucco cladding with continuous slightly projecting stucco relief along roofline at exterior walls.
• Flat roofline with wide overhanging eaves.
• Flat-stacked Arizona sandstone chimneys projecting above the roofline at the north and west elevations.
• Unadorned wall surfaces with little or no decorative detailing. • Fenestration pattern consisting of rectangular fixed and casement steel-frame windows at all elevations.
• Rectangular swimming pool at rear yard.

Visual Character at Close Range
• Flat-stacked Arizona sandstone wall east of inset entryway at north elevation. • Low flat-stacked Arizona sandstone planters at north and south elevations. • Vertical cylindrical poles used as accents framing north elevation of the western volume. • Low concrete wall separating front yard from sidewalk.

Non-contributing features include:
• Concrete entry pathway
• Hedges installed along the street-facing front façade • Enclosed carport with garage door east of the sandstone chimney on the north elevation • Sliding glass door on the rear elevations
• Privacy wall that terminates into the corner of the west facade 2 National Park Service, Department of the Interior. Preservation Brief #17: Architectural Character:

Identifying the Visual Aspects of Historic Buildings as an Aid to Preserving Their Character. Washington D.C.

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Subject Property History
The El Mirador Park tract, in which the subject property is located, was subdivided into 49 parcels in 1946.3 Owned by R.C. Inger of San Francisco,4 advertisements for the sale of lots began that year highlighting a “new exclusive modern residential development” featuring large view lots, paved streets, and water irrigation.5 Early renderings of “one of a number of post-war luxury homes to be built in EL MIRADOR PARK SUBDIVISION by Inger and Wheeler contractors and subdividers” began appearing in newspapers in 1947. The original building permit for the subject property, dated July 31, 1947, lists developers O.W. Karn and R.C. Inger as owner.

To help spark interest in the residential tract, Inger and Karn commissioned Herbert W. Burns to design the first three houses in El Mirador Park, located along Linda Vista Road.6 As described in author and preservationist Steven Keylon’s book The Design of Herbert W. Burns:

Once they were complete, Realtor Muriel Fulton took out a two-page ad for the houses in the Palm Springs Villager, which proclaimed, “new homes are being built every day but few quality houses such as these! When you buy a new house planned by a leading modern designer, built by a builder who knows his business and hires only quality workmen, you will know what “Pride of Possession” means. Houses designed by Burns, prominent designer. $42,500 to $45,000 on terms.” Examples of “thoughtful planning,” each of the homes featured: “insulated ceilings and walls; acoustical plaster ceilings in living room; three coats of hard wall waterproof plaster throughout; full slab doors of birch; electrical ventilating vents in kitchen, Winco vents in all baths; full tile baths in soft pastel colors; equipped for both gas and electric appliances; heating and refrigerated air cooling system; modern kitchens.”7
Writer and former actress Harriet Merry Van Horn was reported to have purchased the subject property from O.W. Karn on March 3, 1950.8 An article two months later reported banker Jean Bell as “the second to buy in El Mirador park [sic], [with] Mrs. Harriet Van Horn of Beverly Hills acquiring a home there a few weeks ago through [realtor] Guy Anderson.”9 In the 1950 U.S.

Census, Van Horn was recorded as a writer of children’s books, widowed, 43 years old, and the sole occupant of the subject property.10 Though described in a newspaper article as “a member of one of California’s oldest families” who was “with Paramount as a character actress from 1932 to 1936,”11 little else is known about Van Horn and ownership of the subject property had transferred 3 Historic Resources Group, “City of Palm Springs Citywide Historic Context Statement & Survey Findings,” December 2018.
4 “Council Approves Revised Map For New Tract,” Palm Springs Limelight News, May 9, 1946: 29. 5 “Advertisement: Announcing the Pre-Opening Sale of El Mirador Park,” Palm Springs Desert Sun, September 20, 1946: 4.
6 Keylon, Steven, The Design of Herbert W. Burns, Palm Springs Preservation Foundation, Palm Springs, 2018, 58.
7 Ibid.
8 “Guy Anderson Sets Record Of Four Sales in a Day,” Palm Springs Desert Sun, March 10, 1950: 10. 9 “Banker Buys Village Home,” Palm Springs Desert Sun, May 26, 1950: 5. 10 National Archives at Washington, DC; Washington, D.C.; Seventeenth Census of the United States, 1950; Year: 1950; Census Place: Palm Springs, Riverside, California; Roll: 3681; Page: 3; Enumeration District: 33-47
11 “Writer Acquires Home in Village,” Palm Springs Desert Sun, March 17, 1950: 9.

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to Barney Barnard by 1951.12,13 Barnard would subsequently try to sell the subject property in 1953, advertising it as a “BEAUTIFUL corner, 3 bedrooms, 2 baths, Tahquitz Estate home” with swimming pool.14 The subject property was up for sale again in 1961 with Tom Raphael listed as owner.15
A 1974 newspaper advertisement claims the subject property was a “movie star’s former home,” but does not provide any additional details to support this statement.16 It is unclear if this is a reference to Van Horn or a sales tactic to entice prospective buyers. The subject property was described in the advertisement as having a “unique floor plan affording the best in indoor-outdoor living.”17 Assessor records show that the subject property was most recently sold in 1994, 2015, and 2022.

Based on review of the original tract map for El Mirador Park and corresponding assessor records, the subject property is one of the earliest buildings constructed in the tract, and one of only three built in 1948; all other buildings were constructed in 1951 or later. The subject property and the property located at 1241 Linda Vista, both designed by Herbert W. Burns and constructed in 1948, were the only two properties in the tract identified as Class 3 buildings in the Citywide Historic Resources Inventory. The property at 1165 Linda Vista was not identified as eligible in survey due to significant alterations and lack of integrity.

Figure 1: El Mirador Park tract map with construction years identified. 12 Note that Harriet M. Van Horn, born in 1906 or 1907 based on age at time of the 1950 census, should not be confused with newspaper columnist and media critic Harriet Van Horne, born in 1920. 13 “Gate City Driver Pays $150 After Accident Here,” Palm Springs Desert Sun, March 16, 1951: 1. 14 “Advertisement: Will Trade Up for California Income Property,” Palm Springs Desert Sun, January 29, 1953: 14.
15 “Advertisement: Want Home Bel-Air, Westwood, Brentwood with View of City & Ocean,” Los Angeles Times, June 22, 1961: 65.
16 “Advertisement: Movie Star’s Former Home – Complete Privacy,” Palm Springs Desert Sun, February 2, 1974: 25.
17 Ibid.

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/ZIii>
I:.•:~ ..... _ .... .
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* Subject Property
0 Identified In Citywide HistOOC
RHOurOH lnven!Ory
 1948
1950S
1960S
 1970s to present
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15 Period of Significance

The period of significance is 1948, when the subject property was constructed.

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16 VI. HISTORIC CONTEXTS

Historic contexts or significant historical themes provide the relevant framework within which to evaluate significance of the subject property. The subject property has been evaluated under the following historic contexts: post-World War II residential development in Palm Springs; Herbert W.

Burns; and the Late Moderne architectural style.

Post-World War II Residential Development in Palm Springs

The following context was compiled and summarized using excerpts from the “Post -World War II Palm Springs (1945-1969)” theme of the Citywide Historic Context Statement prepared by HRG in 2018:18

The exuberance and optimism from the war victory, the population explosion, and the creation of automobile -centric suburbia in the building boom that followed meant great changes for the way Americans lived in the post-World War II era. Southern California was at the forefront of this new era, and its tradition of experimentation in architecture placed it in an ideal position to lead the exploration of suburban residential architecture after World War II. The desert climate and casual lifestyle of Palm Spri ngs all but demanded unconventional design, and clients were more accepting of, even sought out, a more adventurous style in the resort atmosphere of Palm Springs than they would have in their primary residences. In the two decades after the war, Palm Spri ngs was transformed with new commercial and institutional buildings, custom homes, and many housing tracts.

In the immediate post -World War II era, California in general experienced a period of unprecedented growth. Many individuals who came west to participate in the war effort, including former military personnel, decided to settle permanently. Between 1940 and 1950, California’s population increased by 53 percent, which was partially accounted for by the 850,000 veterans who took up residence after the war. As a result, the construction of residential properties became a major focus of development in the post -World War II era.

The immediate and widespread need for housing inspired a variety of responses. For communities that were largely built out, land previously considered “unbuildable” became more attractive. For newer communities, large new tracts were developed.

Development in Palm Springs during this period reflected these wider trends. The permanent population of Palm Springs rose 292 percent between 1940 and 1960, from 3,434 to 13,468 people. Charting the local population shows this steep growth lasted in Palm Springs for decades after the war. The post-World War II population boom coincided with the peak of Modern architecture’s popularity in Southern California, and Palm Springs has a vast number of architecturally significant single -family residences from thi s period designed by prominent local and regional architects of the period.

In the 1950s, with the town's expansive growth, Palm Springs architects were able to explore a wide range of residential architectural ideas with willing clients interested in Modern design. These respond in various ways to the demands of the location: controlling the sun's heat, respecting the natural landscape, and creating homes of pleasure and recreation. Palm Springs’ residential architecture of this period included affordable, mass -

18 Historic Resources Group, “City of Palm Springs Citywide Historic Context Statement & Survey Findings,” December 2018.

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17 produced housing, along with custom homes designed with sizeable budgets. The distinctive solutions of several local architects show a high quality of concept and execution that matches the quality of the more widely publicized Los Angeles Modern architect s of the same period. Individually significant examples are custom -designed homes located throughout the city [such as] the Kaufmann House, 470 W. Vista Chino (HSPB -29B); the Loewy House, 600 W. Panorama Road (HSPB-33); Frey House II, 686 W. Palisades Drive (HSPB-33); the Carey House, 651 W. Via Escuale (HSPB -33); the Grace Miller House, 2311 N. Indian Canyon Drive (HSPB-45); and the Edris House, 1030 W. Cielo Drive (HSPB- 46). Palm Springs architects continued their wide -ranging, eclectic exploration of Mod ern architecture in the 1960s, [including] William Krisel’s Robert Alexander House (1960, 1350 Ladera Circle) [and] John Lautner’s concrete Elrod House (1968, 2175 Southridge Drive, listed in the National Register).

The building which was, and remains, the most famous in terms of international recognition [is] Richard Neutra's Kaufmann House. The 1946 Kaufmann House (470 W. Vista Chino; HSPB-29B) was designed by Richard Neutra as the winter home of Pittsburgh department store owner Edgar Kaufmann. Kauffman was already known for building another world - famous house, Fallingwater by Frank Lloyd Wright (designed 1935; main house constructed 1936-38, followed by the guest house in 1939). The design of his Palm Springs home summarized Neutra's ideas at the time: the flat roof, steel frame, and glass walls embodied one prominent version of Modernism by using sharp, clean, minimalist, machine-made lines contrasting with the beauty of the open, natural site with the rugged slope s of Mt. San Jacinto as backdrop. The use of stone and wood finishes represented an evolution of Neutra's ideas from those seen in the earlier Miller House (1937, 2311 N. Indian Canyon Drive; HSPB-45). When photographed by Julius Shulman and disseminated worldwide, the Kaufmann House became an iconic image of Modern architecture.

One of the key features of Palm Springs’ postwar homes was the presence of the individual, private swimming pool. In keeping with the resort lifestyle, many home builders and home owners added the backyard attractions to their parcels. A more practical, ye t important factor in residential development in Palm Springs and the entire southwest was the accessibility of air conditioning. Although individual residential air -conditioning units were available as early as 1939, widespread acquisition and use was del ayed by the war. For communities like Palm Springs, air conditioning meant the “season” could be extended and year-round living was practically viable for the first time.

During the 1950s, residential development in Palm Springs continued to expand eastward and southward. Like other locations in Southern California, it was a period in which large developers dominated the scene; among them were William Grant, Noel B. Clarke, A. R.

Simon, George and Robert Alexander, Roy Fey, and Jack Meiselman.

In Palm Springs, postwar single -family residential development followed several patterns.

First, expansion/tract development occurred eastward, and then southward into the flat exposed parcels of the desert floor with the creation of homes for middle -class and upper- middle class residents. Second, empty parcels within existing developments were subject to in -fill development. Third, previously “unbuildable” parcels in the foothills were now economically viable for the development of luxury homes. Fourth, af ter 1959, new laws permitted the lease and development of the checkerboard of open parcels owned by the Agua Caliente Band of Cahuilla Indians. This offered developers a wide variety of opportunities previously denied within the city.

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18 By the close of the 1950s, great changes were afoot for Palm Springs residential development. New communities to the south and east including Palm Desert, Indian Wells, and Rancho Mirage were beginning to encroach on Palm Springs as the chic desert destination for home ownership. Another important factor was the 1959 Equalization Law signed by President Eisenhower that equalized allotted Indian lands, thereby setting the stage for development of Reservation lands within the City of Palm Springs. With increased demand, economic prosperity, air conditioning, and availability of new land for development, Palm Springs became home to a number of custom and tract home developments by prominent Southern California developers and wealthy speculators. From early on, many of these subdivisions emphasized architecture and/or the glamour associated with Palm Springs.

Relationship to Subject Property

The subject property was constructed in Palm Springs in 19 48 within the 1945-1969 span of time described in this context. As a single -family residence in the Movie Colony East neighborhood , it reflects wider trends in housing at the time with a private swimming pool reflecting the resort lifestyle for which the City came to be known. As tracts developed in Palm Springs, developers would often seek out designers to help plan homes within the tracts to entice future buyers, with the first three homes constructed in the El Mirador Park tract designed by Burns. All other houses in the tra ct, however, were subsequently designed by others.

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Herbert W. Burns (1897-1988)
Herbert William Burns (Burns) was born as Herbert William Bromund on November 1, 1897 in Bridgeton, New Jersey. 19 Educated as an engineer and never formally certified as an architect, Burns graduated from Temple University in 1918, prior to serving in the U.S. Army for several months and learning surveying and drafting as part of the 472nd Regiment of Engineers.20 Following his stint in the Army, Burns married his first wife, Mildred, in 1919, had two children, and began his career working in both lighting and heating companies. Partly to help alleviate his daughter’s asthma, Burns would move his entire family, inc luding his parents, to California in 1927, renting a house in Hollywood and starting a new career as a stockbroker.21 Though the Great Depression devastated the national economy, Burns managed to be successful and recognized that a demand for housing was imminent. Partnering with architect Wendell Warren, he would change careers once again to be a contractor, building a pair of homes in Los Angeles in 1938. 22 By this time, Burns and Mildred had divorced, and he had married his second wife, schoolteacher and aviatrix Gayle Dai Stewart. As Burns and Gayle began spending more time vacationing in Palm Springs, Burns set up an office in the city, advertising his sp ecialty in the “contemporary modern” in 1946, and “designing exclusively Modern buildings just as Palm Springs was about to enter an unparalleled renaissance of Modern architecture.”23 In 1947, Burns opened his first project in Palm Springs, the Town & Desert Apartment Hotel. 24 Serving partially as a home for Burns and Gayle, the hotel also included a maid’s quarters, rentable units, and a swimming pool. The hotel was lauded for its modern design that integrated indoor and outdoor space and , partly because of the charismatic and outgoing nature of the Burns, new commissions would regularly come in from hotel guests. 25 Burns and Gayle would purchase undeveloped parcels of land and sell them to buyers with completed plans. As Burns designed both residential and commercial properties, “his signature modern design became so recognizable and was in such demand that by 1948, realtors were listing homes with ‘designed by Herbert Burns’ as a selling point.”26
In his book, The Design of Herbert W. Burns, author Steven Keylon describes some of Burns’ key characteristics that make up his signature modern design:

In creating the site plan, Burns took great care to orient the building for the best sun exposure and cross -ventilation, often using a splayed layout, to maximize views. Once again inspired by Wright, one of the most distinctive and recognizable motifs in Burns’ work are his strong stone-clad pylons, most commonly placed in an opposing arrangement, as the means of bookending and balancing his bold asymmetrical compositions. These monoliths were the centerpiece of his configuration of intersecting planes and volumes. The material – primarily Arizona sandstone—was native to the Sonoran Desert, giving them an indigenous feeling, the long thin sandstone slabs stacked and mortared in a linear pattern. 19 Keylon, Steven, The Design of Herbert W. Burns, Palm Springs Preservation Foundation, Palm Springs, February 2018, Desert Publications, Inc., 8.
20 Ibid, 9.
21 Ibid, 10.
22 Ibid, 14.
23 Ibid, 16.
24 Ibid, 21.
25 Ibid, 24.
26 Ibid, 24.

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Built-in planter boxes of the same material, planted with cascading plant material and seasonal color, helped to blur the lines between architecture and landscape. […] To further reinforce the horizontality of his flat, projecting rooflines, a secondary eave and fascia, recessed and slightly narrower in profile than the deep eave and fascia of the roof, floated below and parallel to the primary fascia. These elegantly fl at planes appeared to have the surprising power to slice and penetrate the monolithic stone forms or stucco walls. […]
Once his basic design has been established, he went to his trusted toolbox of Late Moderne motifs which, used in varying combinations, invigorated the architecture, providing a vertical counterpoint to the overall theme of horizontality. The most common of these was his use of vert ical steel poles. On building exteriors, poles supporting deep overhangs were grouped in a dynamic syncopated rhythm of three, five, seven or ten.27 In particular, Burns’ use of stone as accent became a key feature in his designs. As historian Steve Vaught wrote in his book Sentinels in Stone: Palm Springs’ Historic Tennis Club Neighborhood and its Iconic Walls:

As had so many before him, Burns loved working with stone. However, he eschewed traditional rough stonework in favor of a sleeker, more modernistic effect which he created with pancake -flat stacks of Arizona flagstone. This flat -stacked stone was a nearly ubiquitous feature of his designs, which he used for walls, pillars, planting boxes and fireplaces. On occasion, he would sometimes mix different stone combinations as he did at The 400 (1956) and the Desert Hills (1957) apartments.28 Both Burns and Gayle would be very active in local community groups including the Tennis Club, Shrine Club, Chamber of Commerce, and Police Aero Squadron. By 1975, Burns sold his drafting table and equipment, effectively retiring from architectural design. Burns would survive Gayle by over a decade before dying at the age of 90 on January 27, 1988.29 The Citywide Historic Resources Inventory Survey , prepared by HRG in 2016 , identified 13 properties comprised of seven hotels and six residences that were found to be significant or potentially significant as a work of Burns.30 The table below lists the 13 properties with the subject property highlighted in green.

Year Built Address Name Type Class
1947 200 W. Arenas Road Hotel Class 3
1947 370 W. Arenas Road Town & Desert Apartments Hotel Class 1, 7/2/14
1948 1121 Linda Vista Road Residence Class 3
27 Keylon, 44-45.
28 Vaught, Steve, Sentinels in Stone: Palm Springs’ Historic Tennis Club Neighborhood and its Iconic Walls, Palm Springs Preservation Foundation, Palm Springs, 2015, 41-42. 29 Keylon, 32.
30 Historic Resources Group, “City of Palm Springs Citywide Historic Context Statement & Survey Findings,” December 2018.

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Year Built Address Name Type Class
1948 1241 Linda Vista Road Residence Class 3
1949 1480 N. Via Miraleste Residence Class 3
1949 574 W. Mariscal Road George Gillman Residence Residence Class 1, 5/12/22
1951 1141 S. Calle Marcus Residence Class 3
1952 610 E. Palm Canyon
Drive
Hotel Class 3
1952 120 W. Vereda Sur Hotel Class 3
1955 562 W. Arenas Road Village Manor Hotel Hotel Class 1, 1/13/16
1955 601 W. Arenas Road Hotel Class 3
1956 400 W. Arenas Road Hotel Class 3
1956 590 W. Linda Vista Drive Crockett Residence Residence Class 1, 7/8/21
Relationship to Subject Property
Built in 1948, the subject property was the earliest constructed residence in Palm Springs designed by Herbert W. Burns that was identified in the Citywide Historic Resources Inventory Survey. It embodies several key characteristics of Burns’ modern design including splayed layout, stacked Arizona sandstone chimneys bookending and balancing asymmetrical compositions, Arizona sandstone planters, horizontality of the roofline, secondary eave and fascia, and vertical cylindrical poles.

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Late Moderne31
The following context for the Late Moderne architectural style is excerpted from the “Architectural Styles & Local Practitioners” theme of the Citywide Historic Context Statement prepared by HRG in 2018:32
Late Moderne
The Late Moderne style incorporates elements of both the Streamline Moderne and International styles. While the earliest examples appeared in the late 1930s, the style reached its greatest popularity in large -scale commercial and civic buildings of the lat e 1950s and 1960s. The Late Moderne style is frequently identified by the use of the bezeled window, where horizontal groupings of windows are outlined in a protruding, bezel -like flange, often in a material and color that contrasts with the surrounding wa ll surface. An example of the Late Moderne style in Palm Springs is the Dollard Building (1947) at 687 N.

Palm Canyon Drive, by John Porter Clark and Albert Frey.

Character-defining features include:
• Horizontal emphasis
• Exposed concrete or cement plaster veneer
• Flat roofs
• Horizontal bands of beveled windows, sometimes with aluminum louvers • Operable steel sash windows (casement, awning, or hopper) • Projecting window frames
In the book The Design of Herbert W. Burns , author Steven Keylon describes the Late Moderne style as being popular from the late 1930s through the 1950s , adding that “in reaction to the stark simplicity of the International Style, Late Moderne was mellower, with a finer sense of ornamentation.”33 Alan Hess, in his introduction to Keylon’s book, writes:

The style grew from Zigzag Moderne and Streamline Moderne concepts of the 1920s and 1930s. It shares with them a concern for volume and mass untethered to traditional architecture, and dynamic compositions of horizontals and verticals. Then the Late Moderne expanded on Zigzag and Streamline with an emphasis on natural materials such as stone, wood, and brick, and a new range of decorative motifs. It was fascinated with new technologies of steel, glass, and electronics, and it was well aware of the trends in modern art.34
31 Note that the Late Moderne style should not be confused with the Late Modern style that is also identified in the Citywide Historic Context Statement. While the Late Moderne style was used largely from the late 1930s through the 1960s, the Late Modern style is noted in the context as an evolution of Modern architecture used largely from the mid-1950s through the 1970s.
32 Historic Resources Group, “City of Palm Springs Citywide Historic Context Statement & Survey Findings,” December 2018.
33 Keylon, 35.
34 Ibid, 4.

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Relationship to Subject Property
The subject property was originally identified in the Citywide Historic Resources Inventory as an “excellent example of Mid-century Modern residential architecture,” though scholars such as Steven Keylon and Alan Hess have since emphasized master designer Herbert W. Burns’ style as Late Moderne. The 2024 staff report providing preliminary City review of the subject property for the HSPB also identifies the subject property as exemplifying characteristics of the Late Moderne architectural style.

Though as noted in the Citywide Historic Context Statement, Late Moderne was most popularly used in commercial and civic buildings, the subject property appears to represent a residential example of this style. Though it lacks any beveled windows, the subject property displays other character-defining features of the Late Moderne style including its horizontal emphasis, exposed cement plaster veneer, flat roof, and operable steel sash window frames. Built in 1948, the subject property was constructed during the period between the 1930s and 1950s when the Late Moderne architectural style was popular.

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VII. HISTORIC RESOURCE ASSESSMENT
This section evaluates the subject property for eligibility as a Class 1 or Class 2 historic resource under the City Historic Preservation Ordinance.

City of Palm Springs
Designation Criteria
(i) The resource is associated with events that have made a meaningful contribution to the nation, state or community.

The subject property does not appear to be associated with events that have made a meaningful contribution to the nation, state, or community. Research did not produce any events that occurred at the subject property that would qualify for significance under this criterion. The subject property does not qualify as a historic resource under Criterion i. (ii) The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history.

Though newspaper articles note that original owner Harriet Merry Van Horn was a writer and former character actress, little else has been documented about Van Horn’s life and it does not appear that she conducted important work that provided a meaningful c ontribution to national, state, or local history at the subject property . Van Horn only owned the subject property for about a year, purchasing it in 1950 and selling it to Barney Barnard in 1951. The subject property does not qualify as a historic resource under Criterion ii.
(iii) The resource reflects or exemplifies a particular period of national, state or local history.

The subject property represents master designer Herbert W. Burns’ unique brand of Late Moderne architecture that established itself as part of the post-World War II period of residential development in Palm Springs. Constructed in 1948 during a period of unprecedented growth in Palm Springs and Califor nia as a whole, the subject property reflects character -defining features of the Late Moderne style including a horizontal emphasis, exposed cement plaster veneer, flat roof, and operable steel sash window frames. Burns would incorporate his own unique elements to the Late Moderne style that would repeat in both his hotel and residential designs through the 1940s and 1950s, including splayed layout, stacked Arizona sandstone chimneys bookending and balancing asymmetrical compositions, built-in planter boxes also made of Arizona sandstone, horizontality of the roofline, secondary eave and fascia, and vertical cylindrical poles. Other character-defining features include the fenestration pattern consisting of rectangular fixed and casement steel -frame windows emphasizing circulation and views. As the Citywide Historic Context Statement notes that the Late Moderne architectural style was primarily used in the design of commercial and civic buildings, the subject property represents a n uncommon yet distinctive example of Late Moderne residential architecture constructed in the period of post-World War II growth. The subject property qualifies as a historic resource under Criterion iii.

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(iv) The resource embodies the distinctive characteristics of a type, period or method of construction.

As has been typical in review of historic resources in Palm Springs, architectural style is evaluated under Criterion iii above while Criterion iv focuses specifically on construction. Though the subject property contains distinctive features that represent Herbert W. Burns’ Late Moderne design style, such as use of stacked Arizona sandstone chimneys and vertical cylindrical poles, the construction of the building itself appears to be standard and not distinctive enough to warrant qualification under this criterion. Historic documentation including building permits and newspaper articles do not indicate any particularly remarkable types or methods of construction used. The subject property does not qualify as a historic resource under Criterion iv. (v) The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his or her age, or that possesses high artistic value.

Constructed in 1948, only a year after the widely celebrated and locally designated Town & Desert Apartments, the subject property represents an early extant and largely intact single -family residence designed by master designer Herbert W. Burns in Palm Sp rings. Burns is recognized locally for his designs of both hotels and single-family residences, with four properties attributed to him already designated by the City and nine other properties previously identified as potentially eligible. His development of a unique expression under the Late Moderne architectural style helped his projects stand out, including his regular use of splayed layout, stacked Arizona sandstone chimneys bookending and balancing asymmetrical compositions, built-in planter boxes also clad in stone, horizontality of the roofline, secondary eave and fascia, and vertical cylindrical poles that are evident in the subject property. In 2018, the book The Design of Herbert W. Burns by Steven Keylon was published by the Palm Springs Preservation Foundation providing the most robust biography on Burns and his work in Palm Springs yet. The subject property qualifies as a historic resource under Criterion v.
(vi) The resource represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists.

The subject property does not represent a significant and distinguishable entity whose components lack individual distinction. This criterion is more often used in evaluation of potential historic districts, not individual properties. The subject property does not qualify as a historic resource under Criterion vi.
(vii) The resource has yielded or may be likely to yield information important to national, state or local history or prehistory.

The scope of this report did not include evaluation of the subject property for significance relative to prehistory. As the subject property has already been previously developed to construct the single- family residence and swimming pool, it is unlikely to yield any new information important to national, state, or local history or prehistory. The subject property does not qualify as a historic resource under Criterion vii.

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Contributor to a Potential Historic District
The scope of this report is limited to determining if the subject property is eligible as a Class 1 or Class 2 historic resource under the City Historic Preservation Ordinance. The subject property has not been previously identified by the City as a contributor to an existing or potential historic district.

It should be noted that though the subject property appears to be the first residence constructed in the El Mirador Park tract, along with two other properties also designed by Burns and built in 1948, the majority of houses in the tract were constructed in the 1950s by other designer or architects.

The three Burns’ designed residences on Linda Vista have intervening lots between them and one has been altered. Thus, even as a small grouping or cluster of Burns’ designed residences there is no potential historic district present.

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Integrity
To be eligible as a Class 1 historic resource, a property must also retain sufficient integrity to convey historic significance. A Class 2 historic resource does not have to meet the integrity criteria. A property either retains its integrity, the physical and visual characteristics necessary to convey its significance, or it does not. Evaluation of integrity is founded on “an understanding of a property’s physical features and how they relate to its sign ificance.” The seven aspects of integrity are Location, Design, Setting, Materials, Workmanship, Feeling, and Association. National Register Bulletin #15 “How to Apply National Register Criteria for Evaluation” (National Register Bulletin #15) states that “[to] retain historic integrity, a property will always possess several, and usually most, of the aspects.”35
Location
The subject property was constructed at its current location and has not been moved. The subject property retains integrity of location.

Design
Based on review of historic documentation and the site visit on April 19, 2024, the subject property appears to largely reflect its appearance from its original construction in 1948. Original fenestration at the primary street-facing elevations of the subject property is still intact as well as the building’s horizontal massing, flat roofline, and splayed L-shaped footprint. Other character-defining features are still evident at the subject property, including steel-frame fixed and casement windows, stacked Arizona sandstone chimneys and low planters, and vertical cylindrical poles. Original materials and workmanship are also extant to express Hebert W. Burns’ design. The altered carport façade does not detract from the historic character of the property. Thus, the subject property retains integrity of design.

Setting
The subject property was constructed in a tract intended for development of single -family residences, with most of the adjacent properties constructed in the 1950s. The subject property continues to be surrounded by single -family residences that generally depict characteristics of 1950s design. The subject property retains integrity of setting.

Materials
Much of the original materials at the subject property are still extant, including the stucco cladding at exterior walls, steel -frame fixed and casement windows, and stacked Arizona sandstone chimneys and low planters. The vertical cylindrical poles that have been previously identified as steel appear to be made of wood based on further inspection, and it is unclear if this is an original feature or was an alteration that occurred when the north privacy wall was added. Nevertheless, the subject property retains integrity of materials.
35 National Register Bulletin #15, How to Apply the National Register Criteria for Evaluation (National Park Service, 1990, revised 2002), 44.

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Workmanship
The subject property continues to reflect its quality of workmanship, particularly in its use of stacked Arizona sandstone chimneys and low planters and the way the overhanging eave elegantly wraps in front of the westernmost chimney. The Arizona sandstone was left unpainted with an inset mortar fill that reflects the attention to detail that remains largely intact. The subject property retains integrity of workmanship.

Feeling
The subject property was constructed as a single-family residence in a residential neighborhood and has continuously functioned as a single -family residence in a residential neighborhood . It continues to reflect the Late Moderne style that reached its popularity in Palm Springs in the Post- World War II period. The subject property retains integrity of feeling.

Association
The subject property continues to depict the Late Moderne design of Herbert W. Burns in its design, materials, and workmanship. It still holds strong association with its period of significance – its construction year of 1948. The subject property retains integrity of association.

Item 2A - Page 43
THE HARRIET VAN HORN RESIDENCE, 1121 LINDA VISTA ROAD, PALM SPRINGS, CALIFORNIA

HISTORIC RESOURCES REPORT
CHATTEL, INC. | HISTORIC PRESERVATION CONSULTANTS 29
VIII. CONCLUSION
This report evaluated the property located at 1121 Linda Vista Road, Palm Springs, California for eligibility as a Class 1 or Class 2 historic resource under the City Historic Preservation Ordinance.

For the reasons stated in this report, the subject property is eligible for local designation as a Class 1 historic resource under City Criterion iii for reflecting the Late Moderne architectural style associated with the Post-World War II period in Palm Springs and Criterion v as an early extant and largely intact single-family residence designed by master designer Herbert W. Burns. Additionally, the subject property continues to retain integrity of location, design, setting, materials, workmanship, feeling, and association.

Item 2A - Page 44
THE HARRIET VAN HORN RESIDENCE, 1121 LINDA VISTA ROAD, PALM SPRINGS, CALIFORNIA

HISTORIC RESOURCES REPORT
CHATTEL, INC. | HISTORIC PRESERVATION CONSULTANTS 30
IX. BIBLIOGRAPHY
Historic Resources Group, “City of Palm Springs Citywide Historic Context Statement & Survey Findings,” December 2018.

Keylon, Steven, The Design of Herbert W. Burns, Palm Springs Preservation Foundation, Palm Springs, February 2018, Desert Publications, Inc.

Los Angeles Times newspaper articles (organized by date):
“Advertisement: Want Home Bel-Air, Westwood, Brentwood with View of City & Ocean,” Los Angeles Times, June 22, 1961: 65.

National Archives at Washington, DC; Washington, D.C.; Seventeenth Census of the United States, 1950; Year: 1950; Census Place: Palm Springs, Riverside, California; Roll: 3681; Page: 3; Enumeration District: 33-47
National Park Service, Department of the Interior. Preservation Brief #17: Architectural Character:

Identifying the Visual Aspects of Historic Buildings as an Aid to Preserving Their Character.

Washington D.C.

Palm Springs Desert Sun newspaper articles (organized by date):
“Advertisement: Announcing the Pre-Opening Sale of El Mirador Park,” Palm Springs Desert Sun, September 20, 1946: 4.
“Guy Anderson Sets Record Of Four Sales in a Day,” Palm Springs Desert Sun, March 10, 1950: 10.
“Writer Acquires Home in Village,” Palm Springs Desert Sun, March 17, 1950: 9. “Banker Buys Village Home,” Palm Springs Desert Sun, May 26, 1950: 5. “Gate City Driver Pays $150 After Accident Here,” Palm Springs Desert Sun, March 16, 1951: 1.
“Advertisement: Will Trade Up for California Income Property,” Palm Springs Desert Sun, January 29, 1953: 14.
“Advertisement: Movie Star’s Former Home – Complete Privacy,” Palm Springs Desert Sun, February 2, 1974: 25.

Palm Springs Limelight News newspaper articles (organized by date):
“Council Approves Revised Map For New Tract,” Palm Springs Limelight News, May 9, 1946: 29.

Vaught, Steve, Sentinels in Stone: Palm Springs’ Historic Tennis Club Neighborhood and its Iconic Walls, Palm Springs Preservation Foundation, Palm Springs, 2015.

Item 2A - Page 45
THE HARRIET VAN HORN RESIDENCE, 1121 LINDA VISTA ROAD, PALM SPRINGS, CALIFORNIA

HISTORIC RESOURCES REPORT
CHATTEL, INC. | HISTORIC PRESERVATION CONSULTANTS 31

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Item 2A - Page 46
AttAchment A:
citywide historic resources inventory
ProPerty dAtA Form
The harrieT Van horn residence
1121 Linda VisTa driVe
PaLm sPrings, caLifornia
Item 2A - Page 47
this PAge intentionAlly leFt blAnk
Item 2A - Page 48
Assessor Parcel Number
507132001
Address 1121 Direction Street Linda Vista Suffix Rd
Date from Tax Assessor 1948
Architect Burns, Herbert W.

Builder
CONSTRUCTION INFORMATION
Date Source
Original Owner Inger, R.C.

RESOURCE INFORMATION
Historic Name
Common Name
Resource Attribute HP2. Single family property
Stories 1Original Use Single‐family residence
Current Use Single‐family residence
Prefix
Location
Additional Style
CUSTOM ALTERATIONS
Irregular plan; asymmetrical composition; cement plaster exterior wall cladding; prominent exterior stone chimneys; stone planters; canopies supported on clustered posts; large plate glass picture window flanked by steel casements; recessed entrance (primary) Architectural Style Mid‐century Modern
CHARACTER DEFINING FEATURES
5S3
District
Date from Research
Located in a District?
Tract/Neighborhood
Other Owner(s)
Whitehorn, J.F.; Karn, O.W.; Van Horn, Harriet Merry; Barnard, Barney H.

Architect Source Desert Sun "Banker Buys Village Home," May 26, 1950 2016 FIELD PHOTO
2016 Status Code
One‐story configuration with simple geometric forms
Horizontal massing
Flat roof with wide overhanging eaves and cantilevered canopies Unadorned wall surfaces with little decorative detailing Stone used as exterior accent material
Flush‐mounted steel sash windows
Garage door replaced
GENERAL ALTERATIONS
Additional APNs
Item 2A - Page 49
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Context Architectural Styles & Local Practitioners
Period of Significance 1948
Statement of Significance
This property is significant as an excellent example of Mid‐century Modern residential architecture designed by prominent Los Angeles‐based builder/contractor Herbert Burns. It exhibits quality of design and signature Burns design elements, including a prominent stone chimney, stone planters, and canopies supported on clustered posts.

Theme Post‐World War II Modernism
Sub‐theme Mid‐century Modern
Notes/Additional Information
The growing prosperity of the post‐World War II years and the rise of the car culture contributed to a rapid increase in Palm Springs’ seasonal and permanent population, coinciding with the peak of Modernism’s popularity. This created a demand for both mass‐produced and custom housing that afforded architects and developers the opportunity to explore and develop a wide range of architectural types and ideas, sometimes influenced by sophisticated global design trends. These conditions and the architects' talents led to the development of an exceptional group of Modern buildings which later came to be identified as "Palm Springs Modernism" or "The Palm Springs School." Herbert W. Burns was a Los Angeles‐based contractor who relocated to Palm Springs after World War II. Burns designed and built commercial and residential buildings in Palm Springs in the postwar period. He developed a distinctive style that emphasized volumes and streamlined forms rather than structure, with stone‐veneered walls, layered horizontal roof planes and soffits, and prominent chimneys. While Burns may be best known for his multi‐family residential designs, including the Town & Desert Apartments, several of his Palm Springs homes were published in the Los Angeles Times including the Edith Eddy Ward/Margaret M. Ward Residence (c. 1948) and the Stuart Weiss Residence (c. 1951). Per the Desert Sun, Harriet Merry Van Horn bought "the first of three houses designed by Herbert Burns of the Village" in this tract. She was a character actress from 1932‐1936 and from one of California's oldest families. (via Steven Keylon) Criterion C/3/4, 5
HSPB No.

Context
Period of Significance
Theme
Sub‐theme
Criterion
Context
Period of Significance
Theme
Sub‐theme
Criterion
2016 EVALUATION
PREVIOUS SURVEY EVALUATION
5S32016 Status Code
City Historic Resources Database HRI Code 2003 Status Code 5S3National Register California Register Local
Item 2A - Page 50
7[ ]1 7
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7 7
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AttAchment B:
hSPB StAff RePoRt
The harrieT Van horn residence
1121 Linda VisTa driVe
PaLm sPrings, caLifornia
Item 2A - Page 51
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Item 2A - Page 52

HISTORIC SITE PRESERVATION BOARD

STAFF REPORT

DATE: February 6, 2024 NEW BUSINESS

SUBJECT: A REQUEST BY KEN SIM AND KERRY CUNNINGHAM FOR APPROVAL OF MINOR ALTERATION TO A CLASS 3 SITE LOCATED AT 1121 LINDA

VISTA ROAD AND ASSOCIATED REVIEW FOR POTENTIAL RE -
DESIGNATION OF A CLASS 3 SITE TO A CLASS 1 OR 2 HISTORIC RESOURCE (APN #507-132-001) (SY).

FROM: Department of Planning Services

SUMMARY
The property owners are requesting approval for minor alterations to replace two original steel sash windows with picture windows that alter the size of the original opening of the single-family dwelling constructed in 1948. The property was identified as an eligible historic site and listed on the Class 3 inventory and appears to be in excellent condition.

Pursuant to Municipal Code Section 8.05.130 (Demolition or Alteration to Class 3 and 4 sites), the HSPB will determine if the site possesses sufficient historic significance to warrant possible re-designation to a Class 1 or Class 2 historic resource and thereby issue a stay on demolition or alteration permits on the site.

The property owner s are not seeking historic designation of the property at this time ; however, they have expressed interest in seeking historic designation in the future.

RECOMMENDATION:

That the HSPB stay the request for alteration for a period of up to 120 days and authorize the processing of a designation application to consider whether the building qualifies for a designation of a Class 1 or Class 2 historic resource.

BACKGROUND AND SETTING:

County records indicate the home was constructed in 1948 as a single-family residence.

The home was originally designed for Harriet Van Horn with 3- bedrooms, 2-bathrooms and a separate maid’s quarters.1 The exterior consists of Arizona sandstone and vertical steel poles used as decorative elements along the front façade. Designed by Herbert W.

Burns, the exterior of the home remains relatively in-tact.

1 This home is referenced in the book The Design of Herbert W. Burns by Steven Keylon.

Item 2A - Page 53
Historic Site Preservation Board (HSPB) Staff Report: February 6, 2024 HDEMO 2023-0022 – Minor Alterations of a Class 3 Site – 1121 Linda Vista Road

AERIAL VIEW OF THE SUBJECT PARCEL.

CURRENT CONDITION OF THE HOME IN 2024.

HISTORIC IMAGE OF THE HARRIET VAN HORN RESIDENC, 1949.

IMAGE SOURCE: PALM SPRINGS VILLAGER

Item 2A - Page 54
Historic Site Preservation Board (HSPB) Staff Report: February 6, 2024 HDEMO 2023-0022 – Minor Alterations of a Class 3 Site – 1121 Linda Vista Road

Related Relevant City Actions by HSPB, Planning, Fire, Building, etc… January 2024 Site inspection by HSPB accompanied by City Staff.

Ownership Status
September 2022 Purchase by the current owner.

ANALYSIS:

Staff analysis of the project is based on the application material and site visits . The existing home retains much of the original building fabric, including the steel casement windows seen in the photograph from 1949. The simple clean lines define the elevations, and the stone-faced pylons balance the overall massing of the structure. When looking closely at the existing conditions, it is apparent that the building has strong material and design integrity. While the request to replace and alter the original fenestration on the rear elevation qualifies as a minor alteration, staff finds the current condition of the home appears to have excellent historic integrity and significance.

Requests for alterations of Class 3 site are processed according to Municipal Code Section 8.05.130.

Criteria and Findings for Pos
sible Re-designation of a Class 3 Building.

If the HSPB finds that the site warrants possible re- designation, it may direct and authorize the processing of an application to re -designate the site as a Class 1 or Class 2 historic resource, which will then be considered by the HSPB and the City Council as provided in Chapter 8.05 of the Municipal Code. Any demolition/alteration permit shall be automatically stayed for a period of up to one- hundred twenty (120) days pending a re- designation decision. In making its review, the HSPB must make the following findings:

1. That the Class 3 or Class 4 building possesses exceptional historic, architectural, archaeological, cultural or aesthetic significance to warrant redesignation as a Class 1 or Class 2 historic resource in accordance with the criteria set forth in Section 8.05.070 above; and

2. That the Class 3 or Class 4 building retains sufficient historical integrity relative to its original configuration, architectural features, or character.

If the HSPB cannot affirmatively make these findings, then it shall take no action and refer the permit to the Director of Planning who shall thereafter approve the application for submittal to the Building Department for appropriate building permits.

Staff analyzed the site relative to the criteria in 8.05.070 as follows:

a. The site, structure, building or object exhibits exceptional historic significance and meets one or more of the criteria listed below:

Item 2A - Page 55
I
I
Historic Site Preservation Board (HSPB) Staff Report: February 6, 2024 HDEMO 2023-0022 – Minor Alterations of a Class 3 Site – 1121 Linda Vista Road

The residence at 1121 Linda Vista Road appears to exhibit exceptional historic significance through its association with the architectural designer Herbert W. Burns, and the level of design and material integrity seems to remain in place. It is further evaluated below.

(i) The resource is associated with events that have made a meaningful contribution to the nation, state or community; or

No information is provided indicating any significant event is associated with the site as part of this application.

(ii) The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history; or

The application does not include additional historic research related to associated persons of significance, but the home is referred to as Harriet Merry Van Horn’s residence in the book about Herbert W. Burns by Steven Keylon. Additional research is required to confirm if the home is associated with persons of national, state, or local significance.

(iii) The resource reflects or exemplifies a particular period of national, state or local history; or

Constructed in 1948, the home demonstrates characteristics of the Late Moderne style of architecture within the historic context of the Post-World War II period (1945-1969). The design emphasizes volume, horizontality, and simple lines reinforced in the steel casement fenestration. The current condition of the home appears to exemplify these concepts and meet criterion iii.

(iv) The resource embodies the distinctive characteristics of a type, period or method of construction; or

The building uses steel poles and stone-clad pylons as decorative elements but there is limited information regarding the construction methodology used to construct this building.

Additional research is requested to investigate the construction history to determine if this criterion is met.

(v) The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his or her age, or that possesses high artistic value; or

Considered a local master designer, Herbert W. Burns is responsible for numerous commercial and residential properties in Palm Springs. His aesthetic includes the use of vertical steel poles, projecting rooflines, and stone- veneer pylons t o break up the horizontality of the building mass. Herbert W. Burns is considered a master of his trade whose work defined and influenced an era. This criterion appears to be met.

Item 2A - Page 56
Historic Site Preservation Board (HSPB) Staff Report: February 6, 2024 HDEMO 2023-0022 – Minor Alterations of a Class 3 Site – 1121 Linda Vista Road

(vi) The resource represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists; or

The property is located in the Movie Colony East neighborhood but is not part of a historic district. The property itself is seen as significant and distinguishable; therefore, does not meet this criterion.

(vii) The resource has yielded or may be likely to yield information important to national, state or local history or prehistory.

There is no known information on the property associated with the pre-historic period.

Evaluation of Historic Integrity.

Historic Integrity is evaluated based on seven qualities: location, design, setting, materials, workmanship, feeling and association in accordance with guidelines of the United States Department of the Interior, National Park Service’s National Register Bulletin titled: “How to apply the National Register Criteria for Evaluation” as revised from time to time.

Staff evaluated the property’s integrity as follows:

Location.

The building appears to be in its original location on the property from when it was first constructed.

Design.

The building consists of simple forms, a flat roof, unadorned stucco exterior walls, and sandstone-veneer pylons. Late Moderne designs focus on unifying simple volumes with a continuous architectural feature such as a canopy or facia detail to create a sense of horizontality.
2 Minor modifications have been made to the home, but the overall i ntegrity of the design appears to be preserved and intact.

Setting.

The corner lot setting of the single-family home remains intact.

Materials.

The thin steel poles and steel casement windows are used as simple decorative elements that appear to be in their original configuration, and the stucco exterior walls and sandstone veneer appear to be in great condition. The material integrity of the home defines the simple clean lines which are important to the Late Moderne style of architecture.

2 City of Palm Springs Citywide Historic Context Statement for Post-World War II Palm Springs (1945-1969).

Item 2A - Page 57
Historic Site Preservation Board (HSPB) Staff Report: February 6, 2024 HDEMO 2023-0022 – Minor Alterations of a Class 3 Site – 1121 Linda Vista Road

Workmanship.

The stone-veneer walls exhibit a noteworthy level of workmanship that is visible on the exterior and interior of the home.

Feeling.

The feeling of a single-family home designed in the Late Moderne style is preserved and maintained.

Association.

The design of the home is associated with the architectural designer Herbert W. Burns, and the home clearly demonstrates his design concepts.

ENVIRONMENTAL ASSESSMENT
Although the proposed alteration is considered a project pursuant to the guidelines of the California Environmental Quality Act (“CEQA”), the possible action of the HSPB to initiate a re-designation application and to place a stay of demolition/alteration on the property is not subject to review under CEQA pursuant to Sections 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), and Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 15, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.

CONCLUSION:

The property at 1121 Linda Vista Road appears to be an exceptional example of Herbert W. Burns’ work. The material and design integrity of the home looks like it is in excellent condition and much of the original building materials, including the steel casement windows, appear to be intact. Additional research should be conducted on the property to determine if it may be reclassified as a Class 1 or 2 historic site.

Staff recommends that the HSPB authorize a stay of alteration to process an application to analyze the qualifications of the site for historic designation.

PREPARED BY: Sarah Yoon, Associate Planner/Historic Preservation Officer REVIEWED BY: David Newell, Assistant Director of Planning Services

Attachments:

A. Vicinity Map
B. A pplication and related material
Item 2A - Page 58
AttAchment c:
mAps And AeriAls
The harrieT Van horn residence
1121 Linda VisTa driVe
PaLm sPrings, caLifornia
Item 2A - Page 59
this pAge intentionAlly left blAnk
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The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttAchment c: mAps And AeriAls
chAttel, inc. | historic preservAtion consultAnts
App B - 88
Image 1: Tract map for El Mirador Park, subject property outlined in red (City Clerk, 1946)
Image 2: Assessor map with subject property identified with red outline (Riverside County Assessor, 2024)
EL
2 3 4
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12 13
14 15 16 17 18
19 20
21 22
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42 43
44 45
46 47
48 49
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E.M.P.

E.M.P.
121.83
127.85

95.97 94.63

34.38 6.03

85.55 120.40
25 25
25 25
25 25
25 25
25 25
25 25
25 25
30 30
30 30
101
1 79.88 31.49

80.92 99.73

99.59 101 101
101
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99.44 130

33.26 63.40

70.08 69.92

31.34 31.49

64.24 14.02

94.36 95.92
112
112
112
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97.48 79.63

96.60 22.42

29.05 65.14
122.58

45.13 89.40
112.50
112.50
112.50
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89.40 182.53

18.30 134.68

24.95 154.55
283.70
180
118.66

63.70 118.54
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86.26 64.74

39.63 98.70
112

91.92 92.08
90 90
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112
112

34.58 92.19

60.78 61.09 22.04

93.43 115.07
112

17.06 90.37

89.40 40.36

77.14 95.10
90 90
112
112

36.47 65
85 33.63

73.51 100
100 100
100
100

31.34 80.08

5.77 100.23

79.92 31.49

79.92 72.95

98.53 22.08
78 131.71
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112
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91.92 69.92

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TR 28610
TR 28610

MIRADOR

LINDA VISTA
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98.06 131.29
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28.34 POR 6
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LOT B
LOT A
LOT C
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17 TACHEVAH DRIVE
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507-13
ASSESSOR'S MAP BK507 PG.13
Riverside County, Calif. Feb 2024JShwaiko
POR NE 1/4 SEC. 11 T.4S., R.4E.

CITY OF PALM SPRINGS
TRA 011-021
29-22
Pg 13
Pg 12
Pg 52
Pg 14
Pg 24Pg 22
Pg 50
THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCEL MAY NOT COMPLY WITH LOCAL LOT-SPLIT OR BUILDING SITE ORDINANCES. ©
1 " = 100 '
Legend
Lot Lines
Right-Of-Way
Old Lot Lines
Reference R.O.W
Other Easements
Lease Area
Subdivision Tic Mark
Date Old Number New Number
3/1/1979 133-801 20
5/1/1979 133-1 21.ST
1/4/2000 PG.11 133-22-25
7/31/2000 133-23,24 133-26
7/31/2000 133-22 133-27-29
7/31/2000 133-26 133-30-41,43
7/31/2000 133-25 133-42,45,46
7/31/2000 133-26 133-44,47
7/31/2000 133-25 133-48-50
6/1/2004 131-6 13,ST
12/21/2005 46-50 133-51
12/21/2005 133-51 52-55
10/11/2023 133-44,45 56
Data
RS 25/9
Map Reference
MB 289/37 - 40 TRACT MAP NO. 28610
MB 21/25 EL MIRADOR PARK
Item 2A - Page 61J

EL M IRA DOR PAR K
A SUBDIVISION OFA PORT ION OF THE NE, l/4 Of SECTION
fl,T.4S .R4[,S .B.B.&M RIVER.SID£ COUN T Y, CALIF.

GKSANBORN L ICENSED LAND SURVEYOR
MAY 1946 SCALE 1':.100'
a ~ ' ' --+
7 l
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttA chment c: mAps And AeriAls
chAttel, inc. | historic preservAtion consultA nts
Image 3: 1965 aerial of subject property (UCSB FrameFinder) Image 4: 1979 aerial of subject property (NETR Historic Aerials) N
N
Item 2A - Page 62
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttA chment c: mAps And AeriAls
chAttel, inc. | historic preservAtion consultA nts
Image 5: 2024 aerial of subject property (Google Maps) N
this spAce intentionAlly left blAnk
Item 2A - Page 63
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Item 2A - Page 64
AttAchment D:
historic imAges
The harrieT Van horn residence
1121 Linda VisTa driVe
PaLm sPrings, caLifornia
Item 2A - Page 65
this pAge intentionAlly left blAnk
Item 2A - Page 66
The harrieT Van horn residence, 1121 Linda VisTa driVe, PaLm sPrings, caLifornia AttAchment D: historic imAges
chAttel, inc. | historic PreservAtion consultAnts
Image 1: Newspaper advertisement for El Mirador Park tract with subject property location identified by red arrow (Palm Springs Limelight, 1947) Item 2A - Page 67
YOU CA BU L YOUR DESERT HOME NOW!

IN THE HEART OF PALM SPRINGS
EL MIRt D Al{K
I ' 0V OE FEIU ; HE. IJ) Ei Tl I.
. ITES OF ,f,AJESTf B ~ l TY
VI EW
WATER
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STREETS
SIZE
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,ut>unt, in , .ingc•.
- T NO w,1ter •ya em• .,r e fc~tured , one 11 the city • erv lce line, the other , lrrlg a. t,c,,, wJtc:-r u, dcr press u1e for fawne, awlmmlng pool, etc.

Fu' I an hou r lo nger t ha n locatlona that lie
, g11 n1l the mountain .
- All t lreet a wide nd paved.

All ,111,t,ea Included .
ronl•g•• ra nging from
100 to 180 feet .

INVESTMENT PROTECTION
- Archi tectural and o hor ,ound rea t rlc­
t lona Intelligently planned to protect
your lnveatmenL
Construct· o 1
HF.FOHF. \'Ol HI )
- We no experienc ed bulldlng contractors •nd wi ll aulat you In pt inni ng and building your homo .

I'\\ I·: Tl(: T Mirndor Park - W Will lndly
'-Ii•,\, \'11 11 Thi,, ' 'Wly Pri ·d Trnct.

Builder and
Suhdividcr , I I ._ WHEELER me -3 15 o.
111.r' Prum anyon Dr.

The harrieT Van horn residence, 1121 Linda VisTa driVe, PaLm sPrings, caLifornia AttAchment D: historic imAges
chAttel, inc. | historic PreservAtion consultAnts
Image 2: Original building permit for six room and garage dwelling (City of Palm Springs Building Department, 1947)
Item 2A - Page 68
The harrieT Van horn residence, 1121 Linda VisTa driVe, PaLm sPrings, caLifornia AttAchment D: historic imAges
chAttel, inc. | historic PreservAtion consultAnts
Image 3: North elevation of subject property (Palm Springs Villager, 1949) Image 4: Newspaper article describing purchase of subject property by Harriet Merry Van Horn (Palm Springs Desert Sun, 1950)
Item 2A - Page 69
Writer Acquires
Home in Village
The harrieT Van horn residence, 1121 Linda VisTa driVe, PaLm sPrings, caLifornia AttAchment D: historic imAges
chAttel, inc. | historic PreservAtion consultAnts
Image 5: North elevation of subject property prior to landscape alterations (Google Street View, 2011)
Image 6: North elevation of subject property prior to landscape alterations (Google Street View, 2011)
Item 2A - Page 70
The harrieT Van horn residence, 1121 Linda VisTa driVe, PaLm sPrings, caLifornia AttAchment D: historic imAges
chAttel, inc. | historic PreservAtion consultAnts
Image 7: Window removed for installation of south elevation sliding door at right (City of Palm Springs, 2023)
Image 8: Detail of window removed for installation of sliding door (City of Palm Springs, 2023)
Item 2A - Page 71
The harrieT Van horn residence, 1121 Linda VisTa driVe, PaLm sPrings, caLifornia AttAchment D: historic imAges
chAttel, inc. | historic PreservAtion consultAnts
Image 9: Window and door removed for installation of sliding door (City of Palm Springs, 2023)
Image 10: Door removed for installation of south elevation sliding door at left (City of Palm Springs, 2023)
Item 2A - Page 72
AttAchment e:
contemporAry photos
The harrieT Van horn residence
1121 Linda VisTa driVe
PaLm sPrings, caLifornia
Item 2A - Page 73
this pAge intentionAlly left blAnk
Item 2A - Page 74
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttAchment e: contemporAry photos
chAttel, Inc. | hIstorIc preservAtIon consultAnts
Image 1: Neighborhood context, view east (Chattel, 2024) Image 2: Subject property, view southeast (Chattel, 2024) Item 2A - Page 75
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttAchment e: contemporAry photos
chAttel, Inc. | hIstorIc preservAtIon consultAnts
Image 3: Primary north elevation, view south (Chattel, 2024) Image 4: West elevation, view east (Chattel, 2024)
Item 2A - Page 76
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttAchment e: contemporAry photos
chAttel, Inc. | hIstorIc preservAtIon consultAnts
Image 5: Path to main entryway from street, view south (Chattel, 2024) Image 6: Inset main entryway at north elevation, view south (Chattel, 2024) Item 2A - Page 77
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttAchment e: contemporAry photos
chAttel, Inc. | hIstorIc preservAtIon consultAnts
Image 7: East volume at north elevation, view southwest (Chattel, 2024) Image 8: Inset entryway and west volume at north elevation, view southwest (Chattel, 2024)
Item 2A - Page 78
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttAchment e: contemporAry photos
chAttel, Inc. | hIstorIc preservAtIon consultAnts
Image 9: North elevation of west volume, view south (Chattel, 2024) Image 10: North elevation of west volume, view southeast (Chattel, 2024) Item 2A - Page 79
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttAchment e: contemporAry photos
chAttel, Inc. | hIstorIc preservAtIon consultAnts
Image 11: Detail of picture window at north elevation, view south (Chattel, 2024) Image 12: Detail of casement windows with transom at north elevation, view south (Chattel, 2024)
Item 2A - Page 80
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttAchment e: contemporAry photos
chAttel, Inc. | hIstorIc preservAtIon consultAnts
Image 13: Detail of flat-stacked Arizona sandstone planter at north elevation, view southeast (Chattel, 2024)
Image 14: Detail of flat-stacked Arizona sandstone planter at north elevation, view south (Chattel, 2024)
Item 2A - Page 81
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttAchment e: contemporAry photos
chAttel, Inc. | hIstorIc preservAtIon consultAnts
Image 15: Vertical cylindrical poles at north elevation, view southeast (Chattel, 2024)
Image 16: Detail of vertical cylindrical poles at north elevation, view south (Chattel, 2024)
Item 2A - Page 82
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttAchment e: contemporAry photos
chAttel, Inc. | hIstorIc preservAtIon consultAnts
Image 17: North elevation of east volume, view southeast (Chattel, 2024) Image 18: North elevation with flat-stacked Arizona sandstone planter, view south (Chattel, 2024)
Item 2A - Page 83
------... _..:_ __
~.....zi.--~
-::a-----~ -~ --_, -­~'·
---
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttAchment e: contemporAry photos
chAttel, Inc. | hIstorIc preservAtIon consultAnts
Image 19: Rectangular flat-stacked Arizona sandstone chimney at north elevation, view south (Chattel, 2024)
Image 20: Detail of eave continuing over chimney at north elevation, view southwest (Chattel, 2024)
Item 2A - Page 84
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttAchment e: contemporAry photos
chAttel, Inc. | hIstorIc preservAtIon consultAnts
Image 21: Carport/garage with contemporary garage door, view south (Chattel, 2024)
Image 22: Side door by carport/garage, view west (Chattel, 2024) Item 2A - Page 85
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttAchment e: contemporAry photos
chAttel, Inc. | hIstorIc preservAtIon consultAnts
Image 23: Detail of low concrete wall at north of subject property, view southeast (Chattel, 2024)
Image 24: Added privacy wall at west of subject property, view southeast (Chattel, 2024)
Item 2A - Page 86
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttAchment e: contemporAry photos
chAttel, Inc. | hIstorIc preservAtIon consultAnts
Image 25: Low concrete wall and privacy wall at west of subject property, view northeast (Chattel, 2024)
Image 26: Privacy wall at southwest corner of subject property, view northeast (Chattel, 2024)
Item 2A - Page 87
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttAchment e: contemporAry photos
chAttel, Inc. | hIstorIc preservAtIon consultAnts
Image 27: West elevation, view east (Chattel, 2024)
Image 28: Detail of eave continuing over flat-stacked Arizona sandstone chimney at west elevation, view northeast (Chattel, 2024)
Item 2A - Page 88
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttAchment e: contemporAry photos
chAttel, Inc. | hIstorIc preservAtIon consultAnts
Image 29: Evidence of former gate attachment to flat-stacked Arizona sandstone chimney identified with red arrow, view northeast (Chattel, 2024) Image 30: Detail of remnant of former gate attachment, view northeast (Chattel, 2024)
Item 2A - Page 89
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttAchment e: contemporAry photos
chAttel, Inc. | hIstorIc preservAtIon consultAnts
Image 31: Detail of vertical cylindrical poles where poles were cut to sit above added privacy wall, view northeast (Chattel, 2024)
Image 32: Detail of vertical cylindrical pole showing wood material upon inspection, view northeast (Chattel, 2024)
Item 2A - Page 90
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttAchment e: contemporAry photos
chAttel, Inc. | hIstorIc preservAtIon consultAnts
Image 33: Swimming pool at rear yard, view southeast (Chattel, 2024) Image 34: Swimming pool at rear yard, view northwest (Chattel, 2024) Item 2A - Page 91
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttAchment e: contemporAry photos
chAttel, Inc. | hIstorIc preservAtIon consultAnts
Image 35: West elevation facing pool, view east (Chattel, 2024) Image 36: South elevation facing pool, view north (Chattel, 2024) Item 2A - Page 92
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttAchment e: contemporAry photos
chAttel, Inc. | hIstorIc preservAtIon consultAnts
Image 37: Swimming pool at rear yard, facing southwest (Chattel, 2024) Image 38: South (left) and west (right) elevations, view east (Chattel, 2024) Item 2A - Page 93
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttAchment e: contemporAry photos
chAttel, Inc. | hIstorIc preservAtIon consultAnts
Image 39: South elevation, view west (Chattel, 2024)
Image 40: South (left) and west (right) elevations with contemporary sliding doors visible, view northeast (Chattel, 2024)
Item 2A - Page 94
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttAchment e: contemporAry photos
chAttel, Inc. | hIstorIc preservAtIon consultAnts
Image 41: Windows at west elevation, view east (Chattel, 2024) Image 42: Contemporary sliding door, view east (Chattel, 2024) Item 2A - Page 95
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttAchment e: contemporAry photos
chAttel, Inc. | hIstorIc preservAtIon consultAnts
Image 43: Detail of planter at corner of south and west elevations, view east, note different application of mortar compared to north elevation planters (Chattel, 2024) Image 44: Detail of mortar at south elevation planter (Chattel, 2024) Item 2A - Page 96
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttAchment e: contemporAry photos
chAttel, Inc. | hIstorIc preservAtIon consultAnts
Image 45: South elevation path to carport/garage, view west (Chattel, 2024) Image 46: Door to former maid’s quarters behind carport/garage, view east (Chattel, 2024)
Item 2A - Page 97
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttAchment e: contemporAry photos
chAttel, Inc. | hIstorIc preservAtIon consultAnts
Image 47: West elevation of former maid’s quarters, view northeast (Chattel, 2024)
Image 48: Path between residence (left) and former maid’s quarters (right), view northwest (Chattel, 2024)
Item 2A - Page 98
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttAchment e: contemporAry photos
chAttel, Inc. | hIstorIc preservAtIon consultAnts
Image 49: North elevation of former maid’s quarters, view southeast (Chattel, 2024)
Image 50: South (left) and east (right) elevations of former maid’s quarters, view northwest (Chattel, 2024)
Item 2A - Page 99
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttAchment e: contemporAry photos
chAttel, Inc. | hIstorIc preservAtIon consultAnts
Image 51: Carport/garage facing former maid’s quarters, view south (Chattel, 2024)
Image 52: Carport/garage, view north (Chattel, 2024)
Item 2A - Page 100
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttAchment e: contemporAry photos
chAttel, Inc. | hIstorIc preservAtIon consultAnts
Image 53: Windows at north elevation of former maid’s quarters, view north (Chattel, 2024)
Image 54: Window at east elevation of residence facing interior of carport/garage, view west (Chattel, 2024)
Item 2A - Page 101
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttAchment e: contemporAry photos
chAttel, Inc. | hIstorIc preservAtIon consultAnts
Image 55: Glass block windows at east elevation of residence, view west (Chattel, 2024)
Image 56: Detail of glass block with vent installed, view west (Chattel, 2024) Item 2A - Page 102
1,IJ u .u U 1, 1 di L :HLJ H•t
ill4~dM,r,d+if ,m, trtl: Jltl
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttAchment e: contemporAry photos
chAttel, Inc. | hIstorIc preservAtIon consultAnts
Image 57: Detail of area at east elevation where planter has been removed, view west (Chattel, 2024)
Image 58: Detail of demolished planter at north elevation of maid’s quarters, view northeast (Chattel, 2024)
Item 2A - Page 103
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttAchment e: contemporAry photos
chAttel, Inc. | hIstorIc preservAtIon consultAnts
Image 59: Detail of corrugated metal roof at carport/garage, view west (Chattel, 2024)
Image 60: Detail of added stucco-clad wall surround and stucco-clad eave at carport/garage (Chattel, 2024)
Item 2A - Page 104
The harrieT Van horn residence, 1121 Linda VisTa road, PaLm sPrings, caLifornia AttAchment e: contemporAry photos
chAttel, Inc. | hIstorIc preservAtIon consultAnts
Image 61: Open east side of carport/garage, view southwest (Chattel, 2024) Image 62: Open east side of carport/garage, view north (Chattel, 2024) Item 2A - Page 105
this pAge intentionAlly left blAnk
Item 2A - Page 106
ATT

ACHMENT D
Item 2A - Page 107
Item 2A - Page 108

RESOLUTION
NO.

HSPB
#157
A

RESOLUTION
OF
THE

HISTORIC
SITE

PRESERVATION
BOARD
OF
THE
CITY
OF
PALM

SPRINGS,

CALIFORNIA,

RECOMMENDING
THAT
THE
CITY

COUNCIL

DESIGNATE
THE
"HARRIET
VAN
HORN
RESIDENCE"

LOCATED
AT
1121
LINDA
VISTA
ROAD,
A
CL.ASS
1 HISTORIC
SITE,
(HSPB
#157),
APN
#507-132-001.

THE

HISTORIC
SITE

PRESERVATION
BOARD
("HSPB")
FINDS
AND

DETERMINES
AS
FOLLOWS:

A.

WHEREAS,
Chapter

8.05 of
the
Palm
Springs
Municipal
Code
allows
for
the
designation
of
historic
sites
and
districts;
and
B.

WHEREAS,
The
City
of
Palm
Springs
filed
an
application
pursuant
to
Article
Ill,
Section

8.05.070
(Procedure
and
Criteria
for
Designation
of
Historic
Resources)
of
the
Palm
Springs
Municipal
Code
requesting
historic
resources
designation
for
the
"Harriet
Van
Horn
Residence"
located
at
1121
Linda
Vista
Road.

The
application
included
a
historic
resources
report
("the
report").

C.

WHEREAS,
on
January
31,
2024,
members
of
the
Historic
Site
Preservation
Board
(HSPB)
conducted
site
inspections
of
the
proposed
historic
resource~
accompanied
by
City
staff;
and
D.

WHEREAS,
on
February
6,
2024,
the
Historic
Site
Preservation
Board
(HSPB)
reviewed
an
application
proposing
alterations
to
a
Class
3 Site.

At
the
meeting
the
HSPB
voted
unanimously
to
impose
a
120-day
stay
of
alteration,
and
direct
staff
to
initiate
an
application
for
possible
historic
resource
designation
of
the
site;
and
E.

WHEREAS,
on
June
4,
2024,
a
noticed
public
hearing
of
the
Palm
Springs
Historic
Site
Preservation
Board
("HSPB")
to
consider
Case
HSPB
#157
was
held
in
accordance
with
applicable
law;
and
F.

WHEREAS,
The
HSPB
carefully
reviewed
and
considered
all
of
the
evidence
presented
in
connection
with
the
hearing
on
the
project,
including,
but
not
limited
to,
the
staff
report
and
all
written
and
oral
testimony
presented.

THE

HISTORIC
SITE

PRESERVATION
BOARD
OF
THE
CITY
OF
PALM

SPRINGS
RESOLVES: SECTION
1:

FINDINGS-
PART
"1",

CRITERIA
FOR

HISTORIC
RESOURCES.

Evaluation
of
the
Application.

Pursuant
to
Municipal
Code
Section

8.05.070
(C,
1,a),
the
HSPB
shall
evaluate
the
application
and
make
findings
in
conformance
with
the
following
criteria:

Item 2A - Page 109
Resolution
No.

HSPB
#157
-
"Harriet
Van
Horn
Residence"
Page
2 of
6 June
4,
2024

1. Criteria
for
the
Designation
of
Class
1 Historic
Resources.

A
site,
structure,
building
or
object
may
be
designated
as
a
Class
1 historic
resource,
provided
both
of
the
following
findings
("a"
and
"b'J
are
met:
a.

The
site,
structure,
building,
or
object
exhibits
exceptional
historic
significance
and
meets
one
or
more
of
the
criteria
listed
below:

The
report
clarifies
the
permit
history
and
provides
historical
context
surrounding
the
home
and
the
development
patterns
for
the
period
after
World
War
II
in
Palm
Springs.

Not
only
is
the
property
an
early
example
of
Herbert
Burns'
residential
work,
but
the
home
is
also
an
intact
representation
of
an
architectural
style
that
was
desired
and
readily
accepted.

The
period
of
significance
is
1948.

The
following
is
an
analysis
of
the
criterion
and
integrity
findings.
(Criterion
i)
The
resource
is
associated
with
events
that
have
made
a
meaningful
contribution
to
the
nation,
state
or
community;
No
information
was
provided
indicating
any
significant
event
was
directly
associated
with
this
site.

The
site
does not
qualify
under
Criterion
i.
(Criterion
ii)
The
resource
is
associated
with
the
lives
of
persons
who
made
a
meaningful
contribution
to
national,
state
or
local
history;
The
home
was
the
residence
of
a
writer
and
character
actress
by
the
name
of
Harriet
Merry
Van
Horn
in
1950.

The
report
concludes
that
there
is
little
information
about
this
individual
other
than
the
fact
that
she
owned
the
property
for
about
a
year
shortly
after
it
was
constructed
in
1948.

HSPB
finds
that
criterion
ii is
not
met.
(Criterion
iii)
The
resource
reflects
or
exemplifies
a
particular
period
of
national,
state
or
local
history;
The
home
was
completed
for
the
developers
O.W.

Karn
and
R.C.

Inger
in
the
El
Mirador
Park
tract.

According
to
the
research
in
the
report,
developers
during
this
period tried
to
set
apart
their
homes
through
design.

Herbert
W.

Burns
was
an
established
designer
that
had
a
distinctive
style
that
identified
with
the
Late
Moderne
movement
of
the
post-World
War
II
era.

The
design
of
the
building
has
a
strong
emphasis
on
the
horizontal
form
and
a
flat
roof.

The
mullions
of
the
steel
framed
windows,
the
vertical
wooden
poles
and
the
horizontally
stacked
Arizona
sandstone
all
contribute
to
creating
a
subtle
sense
of
ornamentation.

The
home
in
its
condition
is
an
exceptional
representation
of
this
particular
time
period
from
a
state
and
local
standpoint,
thus,
criterion
iii
is
met.
(Criterion
iv)
The
resource
embodies
the
distinctive
characteristics
of
a
type,
period
or
method
of
construction;
Unlike
the
National
Register
criterion
concerning
construction,
the
Palm
Springs
Item 2A - Page 110
Resolution
No.

HSPB
#157
-
"Harriet
Van
Horn
Residence"
Page
3 of
6 June
4,
2024
evaluation
of
construction
addresses
the
type
(of
construction),
the
period
(of
construction)
and
the
method
(of
construction).

It
appears
that
the
home
was
constructed
using
standard
construction
methods
and
does
not
qualify
for
this
criterion.
(Criterion
v)
The
resource
presents
the
work
of
a
master
builder,
designer,
artist,
or
architect
whose
individual
genius
influenced
his
age,
or
that
possesses
high
artistic
value;
Designer
Herbert
W.

Burns
is
a
locally
recognized
figure
who
designed
a
number
of
historically
significant
buildings
in
Palm
Springs
such
as
the
Town
&
Desert
Apartments
(370
W.

Arenas
Road,
HSPB
#90,
Class
1 Site)
and
the
Gillman
Residence
(574
W.

Mariscal
Road,
HSPB
#142,
Class
1 site).

His
designs
include
the
use
of
specific
building
materials
and
his
mastery
in
creating
balance
with
asymmetric
compositions.

His
contributions
to
the
development
of
Palm
Springs
as
a
designer
is
evident
in
his
work,
thus
HSPB
finds
Criterion
v
is
met.
(Criterion
vij
The
resource
represents
a
significant
and
distinguishable
entity
whose
components
may
lack
individual
distinction,
as
used
in
evaluating
applications
for
designation
of
historic
districts,
for
parcels
on
which
more
than
one
entity
exists;
or
No
information
has
been
provided
that
the
resource
qualifies
under
Criterion
vi.
(Criterion
vii)
The
resource
has
yielded
or
may
be
likely
to
yield
information
important
to
national,
state
or
local history
or
prehistory.

No
information
has
been
provided
on
any
pre-historic
significance
of
the
site.

SECTION
2:

PART
"B"

ANALYSIS
OF

HISTORIC
INTEGRITY.

Analysis
of
Integrity.
(PSMC

8.05.070
(C,
1,b).

The
site,
structure,
building
or
object
retains
one
or
more
of
the
following
aspects
of
integrity,
as
established
in
the
Secretary
of
the
Interior's
Standards:
integrity
of
design,
materials,
workmanship,
location,
setting,
feeling,
or
association.

The
"Harriet
Van
Horn
Residence"
is
evaluated
in
terms
of
its
historic
integrity
as
follows:

Location. The
resource
remains
in
its
original
location
of
construction,
therefore,
retains
its
integrity
of
location.

Design. The
single-story
home
is
sited
on
a
corner
lot
with
the
open
space
concentrated
towards
the
front
yard
and
a
square
pool
located
at
the
far
southwest
corner
of
the
lot.

The
design
of
the
home
identifies
with
Late
Moderne
architecture
which
is
identified
in
the
Citywide
Item 2A - Page 111
Resolution
No.

HSPB
#157
-
"Harriet
Van
Horn
Residence"
Page
4 of
6 June
4,
2024
Historic
Context
Statement
for
Palm
Springs
as
style
that
incorporates
elements
of
Streamline
Moderne and
the
International
style.

The
home
emphasizes
horizontality
with
the
flat
roof
and
the
layout
of
the
building
footprint.

T.he
stacked
Arizona
sandstone,
steel
framed
windows
with
mullions,
and
the
vertical
wood
poles
creates
a
composition
of
materials
that
emphasizes
utilitarian
aesthetics
with
natural
materials.

The
carport/garage
area
is
enclosed,
and
a
covered
breezeway
now
connects
the
detached
maid's
quarters
to
the
home,
but
the
majority
of
the
layout
remains
consistent
to
the
original
design,
and
all
changes
to
the
home
are
in
discrete
locations
with
minimal
impact
to
the
design
intent.

The
home
retains
the
integrity
of
materials
which
contributes
to
the
clear
depiction
of
the
design
intent.

The
integrity
of
design
is
met.

Setting. The
single-family
home
remains
in
a
residential
subdivision
and
the
home
occupies
the
same
location
on
the
lot
as
it was
originally
intended.

New
hedges
for
privacy
screening
were
installed
to
the
front
of
the
home
which
has
altered
the
visibility
of
the
home
from
the
public
right-of-way
but
the
overall
relationship
between
the
home
and
the
open
areas
on
site
remain
consistent
given
that
no
significant
additions
were
added
to
the
home.

Materials. The
exterior
of
the
building
is
comprised
of
unadorned
stucco
walls,
unpainted
Arizona
sandstone,
thin
vertical
wooden
columns,
and
steel
framed
windows.

New
solar
panels
were
installed
to
the
flat
roof
but
with
a minimal
profile
and
a
new
sliding
door
and
windows
were
added
to
the
rear
fa9ade
but
all
the
fenestration
and
sandstone
details
on
the
primary
facades
appear
to
be
original.

The
materials play
an
important
role
in
the
design
of
the
building
because
they
incorporate
the
decorative
elements
that
tie
the
design
together.

The
integrity
of
materials
is
met.

Workmanship. Conventional
construction
methods
were
used to
build
the
home
but
the
attention
to
detail
is
clearly
visible
when
you
observe
the
thin
inset
mortar
joints
between
each
layer
of
Arizona
sandstone.

The
property
as
it stands
exhibits
craft
and
high-quality workmanship.

HSPB
finds
the
integrity
of
workmanship
is
met.

Feeling. The
property
remains
a
single-family home
and
clearly
demonstrates
characteristics
pertaining
to
Late
Moderne
architecture.

The
clear
visibility
of
the
site
is
now
partially
obstructed
due
to
the
newly
planted
vegetation,
however,
the
feeling
related
to
the
design
remains
fully
intact.

The
integrity
of
feeling
is
met.

Association. The
property
is
associated
with
the
designer
Herbert
W.

Burns
and
the
high
level
of
design
and
material
integrity
that
is
retained
affirms
the
building's
strong
association
with
the
designer.

The
integrity
of
association
is
met.

Item 2A - Page 112
Resolution
No.

HSPB
#157
-
"Harriet Van
Horn
Residence"
Page
5 of
6 June
4,
2024

SECTION
3:

DEFINING

HISTORIC

CHARACTERISTICS
In
considering
a
recommendation
for
historic
resource
designation
it
is
important
to
distinguish
those
physical
elements
that
are
original
or
from
the
period
of
significance
that
contribute
to
the
resource's
historic
significance
from
alterations,
additions
or
features
that
were
added
at
a
later
time
that
may
be
sympathetic
to
the
original
character,
but
which
may
create
a
false
sense
of
historicity.

Distinguishing
original
character-defining
features
from
non-original
elements
aids
the
HSPB
when
it
is
tasked
with
evaluating
future
alterations
to
the
historic
resource.

Character-defining
features
of
the
resource
are
as
follows:
•
Overall
site
design
•
Low-slung
one-story
configuration
with
horizontal
massing
and
splayed
L­
shaped
building
footprint
•
Two
main
building
volumes
separated
by
inset
entryway
beneath
a
rectangular
canopy
•
Unadorned
stucco
walls
and
stucco
cladding
with
continuous
slightly
projecting
relief
along
the
roofline
at
exterior
walls
•
Flat
roofline
with
wide
overhanging
eaves
•
Flat-stacked
Arizona
sandstone
chimneys
projecting
above
the
roofline
at
the
north
and
west
elevations
•
Fenestration
patterns
consisting
of
rectangular
fixed
and
casement
steel-frame
windows
at
all
elevations
•
Rectangular
Swimming
pool
•
Flat-stacked
Arizona
sandstone
wall,
east
of
inset
entryway
at
north
elevation
•
Low
flat-stacked
Arizona
sandstone
planters
at
north
and
south
elevations
•
Vertical
cylindrical
poles
used
as
accents
framing
the
north
elevation
of
the
western
volume
•
Low
concrete
wall
separating
the
front
yard
from
the
sidewalk
Non-contributing
elements:
•
Concrete
entry
pathway
•
Hedges
installed
along
the
street-facing
front fa9ade
•
Enclosed
carport
with
garage
door
east
of
the
sandstone
chimney
on
the
north
elevation
•
Sliding
glass
door
on
the
rear
elevation
•
Privacy
wall
that
terminates
into
the
corner
of
the
west
fa9ade
•
Spa
attached
to
the
swimming
pool

SECTION
4:

ENVIRONMENTAL

ASSESSMENT
The
proposed
historic
resource
designation
is
not
subject
to
the
California
Environmental
Quality
Act
(CEQA)
pursuant
to
Sections
15060(c)(2)
(the
activity
will
not
result
in
a
direct
or
reasonably
foreseeable
indirect
physical
change
in
the
environment)
and
15060(c)(3)
(the
activity
is
not
a
project
as
defined
in
Section
15378)
of
the
CEQA
Guidelines,
Item 2A - Page 113
Resolution
No.

HSPB
#157
-
"Harriet
Van
Horn
Residence"
Page
6 of
6 June
4,
2024
California
Code
of
Regulations,
Title
14,
Chapter
3,
because
it
has
no
potential
for
resulting
in
physical
changes
to
the
environment,
directly
or
indirectly.

SECTION
5:

CONDITIONS
THAT
APPLY
TO
CLASS
1 HISTORIC
SITES.

According
to
Section

8.05 of
the
Municipal
Code,
the
following
shall
apply
to
a
Class
1 Historic
Resource:

1. It
shall
meet
the
definition
of
a
Class
1 historic
site
as
outlined
in
Municipal
Code
Section

8.05.020.

2. An
archival
file
on
the
property
shall
be
maintained
by
the
City.

3. It
may
be
qualified
as
'historic'
at
the
federal,
state,
and/or
county
level.

4. The
structure/site
may
not
be
modified
nor
objects
removed
without
following
the
procedures
outlined
in
Municipal
Code
Section

8.05.110
"Demolition
or
Alteration
of
Class
1 and
Class
2 Historic
Resources
-
Certificate
of
Appropriateness".

5. A
marker
explaining
the
historic
nature
of
the
site
may
be
installed
at
the
site
in
a
location
viewable
from
the
public
way.

6. Compliance
with
all
rules
and
regulations
for
Historic
Sites
and
Historic
Districts
under
Chapter

8.05 of
the
Municipal
Code
shall
be
required.

7. The
site
shall
not
be
further
subdivided.

8. The
City
Clerk
shall
submit
the
Council
Resolution
to
the
County
recorder
for
recordation
within
90 days
of
the
effective
date
of
the
Council's
resolution.

Based
upon
the
foregoing,
the
Historic
Site
Preservation
Board
recommends
that
the
City
Council
designate
the
"Harriet
Van
Horn
Residence"
located
at
1121
Linda
Vista
Road,
a
Class
1 Historic
Resource
(HSPB
#157).

ADOPTED
THIS
FOURTH
DAY
OF
JUNE
2024.

AYES: NOES: ABSENT: ABSTAIN: ATTEST:

Hough,
Nelson,
Hansen,
Rosenow,
Bachman,
Herr,
Moruzzi.

None. None. None.

CITY
OF
PALM

SPRINGS,

CALIFORNIA
Christopher
Hadwin
Director
of
Planning
Services

HISTORIC SITE PRESERVATION BOARD

STAFF REPORT

DATE: June 4, 2024 PUBLIC HEARING

SUBJECT: APPLICATION BY THE CITY OF PALM SPRINGS FOR HISTORIC SITE DESIGNATION OF THE “HARRIET VAN HORN RESIDENCE” LOCATED AT 1121 LINDA VISTA ROAD, CASE HSPB #157 (APN 507-132-001) (SY).

FROM: Department of Planning Services

SUMMARY

The current owners of the property , Ken Sim and Kerry Cunningham, submitted an application to make exterior alterations to their home at 1121 Linda Vista Road. This application was reviewed by the Historic Site Preservation Board (HSPB) on February 6, 2024 and the request for alteration was stayed in order to move forward with designation proceedings pursuant to Municipal Code Section 8.05.130 (Demolition or Alteration to Class 3 and 4 sites). As a City -initiated application for historic designation, the Historic Resources Report (HRR) was written by Chattel, Inc, an on-call consultant for the City.

If designated as a historic resource, the property would be subject to the regulations outlined in Section 8.05 of the Palm Springs Municipal Code.

RECOMMENDATION:

1. Open the public hearing and receive public testimony.

2. Close the public hearing and adopt Resolution HSPB #157, “A RESOLUTION OF

THE HISTORIC SITE PRESERVATION BOARD OF THE CITY OF PALM

SPRINGS, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL DESIGNATE THE “HARRIET VAN HORN RESIDENCE” LOCATED AT 1121 LINDA VISTA ROAD , AS A CLASS 1 ( LANDMARK) HISTORIC RESOURCE HSPB #157, SUBJECT TO CONDITIONS (APN #507-132-001).”

BACKGROUND AND SETTING:

Identified in the Report as the “Harriet Van Horn Residence”, this single-family home was completed in 1948. Designed by Herbert W. Burns, the home contains all of his signature design features like the stacked Arizona sandstone chimneys and accent walls and the thin cylindrical poles. The El Mirador tract, originally subdivided in 1946, was specifically for residential development. Advertisements highlighted features like the mountain views and dual water lines servicing the homes, and designers like Burns and Meiselman Item 2A - Page 114
Historic Site Preservation Board Staff Report: June 4, 2024 HSPB-157 – The Harriet Van Horn Residence

designed homes within the tract that gave t he homes a level of architectural identity .1 According to the original building permit for 1121 Linda Vista Road, Herbert Burns designed this home for the developers O.W. Karn with 6 rooms. Although it is difficult to see from the aerial views of the property, there is a detached maid’s quarters to the southeast corner of the property behind the enclosed carport. The building footprint still occupies the site in its original location that concentrates a majority of the living space to the east side of the lot.

Historic Context Statement “Po
st-World War II (1945-1969)”
The post-World War II context of Palm Springs concentrates on the demands of a growing city that is no longer just a playground for Hollywood. Developers are focused on housing tracts and marketing their assets through design. The desert climate fostered a specific type of lifestyle that capitalized on leisure activities and amenities such as swimming pools and golf. Many of the residential homes developed during this time became examples of a certain architectural style or directly associated with signific ant designers and/or developers.

Related Relevant City Actions by HSPB, Planning, Fire, Building, etc.

January, 2024 Site inspection by members of the HSPB and City Staff.

Ownership Status
September, 2022 Purchased by the current owner.

AERIAL VIEW OF THE SUBJECT PARCEL.

1 City of Palm Springs Historic Context Statement “Post-World War II Palm Springs (1945-1969)”.

Item 2A - Page 115
I
Historic Site Preservation Board Staff Report: June 4, 2024 HSPB-157 – The Harriet Van Horn Residence

CURRENT CONDITION OF THE HOME IN 2024.

HISTORIC IMAGE OF THE HARRIET VAN HORN RESIDENC, 1949.

IMAGE SOURCE: PALM SPRINGS VILLAGER

ANALYSIS:

A historic resources report (“the report”) and a site visit by staff and members of the HSPB are the basis of this staff report.

The single-family residence at 1121 Linda Vista Road is on a 0.22-acre lot in the residential R-1-C zone district. The one-story low slung flat roof home uses flat stacked Arizona sandstone as an accent throughout the interior and exterior of the home. The application of this material is used on the fireplace inside the home and continues outside by delineating the chimney stacks in contrast with the unadorned stucco walls. The Arizona sandstone is also used for the planters around the exterior of the house and the continuous fascia detail that visually grounds the building while the forms underneath the eaves change in depth. The steel frame windows are balanced to both capture views through the windows without mullions and the windows with the grid- like mullions create a pattern that compliments the clean lines of the building. The low walls appear to follow the property boundaries but are purposefully kept at that height to provide a clear view of the home as viewed from the right-of-way.

Item 2A - Page 116
Historic Site Preservation Board Staff Report: June 4, 2024 HSPB-157 – The Harriet Van Horn Residence

Minor exterior alterations have been made to the home including the enclosed carport area and changes to the fenestration at the rear of the house; however, the overall design integrity and the condition of the exterior materials are remarkably intact. Often , the sandstone gets painted and the steel windows replaced with conventional style windows but both features remain in good condition at 1121 Linda Vista Road.

Historic Preservation activities in Palm Springs are regulated under Municipal Code Section 8.05 (“ Historic Preservation” ). The purpose of the Historic Preservation Ordinance is:
“…to stabilize and improve buildings, structures or areas which are considered to be of historical, architectural, archaeological or ecological value, to foster civic beauty, to strengthen the local economy and to promote the use of historic resources for the education and welfare of the citizens.”

Conditions that apply t
o Class 1 historic sites or resources:

1. It shall meet the definition of a historic site as outlined in Municipal Code Section

8.05.020.

2. An archival file shall be maintained on the property by the City.

3. It may be qualified as ‘historic’ at the federal, state, and/or county level.

4. A marker explaining the historic nature of the site may be installed in a location viewable from the public way.

5. Compliance with all rules and regulations for Historic Resources and Historic Districts under Chapter 8.05 of the Municipal Code.

6. If designated, the findings in support of designation shall be stated in a resolution of the City Council that shall be recorded with the County Recorders’ office within 90 days of the effective date of the Council’s resolution.

Evaluation of the Application. P
ursuant to Municipal Code Section 8.05.070 (C,1,a), the HSPB shall evaluate the application and make findings in conformance with the following criteria:

C
riteria for the Designation of Class 1 Historic Resources. A site, structure, building or object may be designated as a Class 1 historic resource, provided both of the following findings (“a” and “b”) are met:

a. The site, structure, building or object exhibits exceptional historic significance and meets one or more of the criteria listed below:

The report clarifies the permit history and provides historical context surrounding the home and the development patterns for the period after World War II in Palm Springs.

Not only is the property an early example of Herbert Burns’ residential work, but the home is also an intact representation of an architectural style that was desired and readily accepted. The following is an analysis of the criterion and integrity findings.

Item 2A - Page 117
Historic Site Preservation Board Staff Report: June 4, 2024 HSPB-157 – The Harriet Van Horn Residence

(Criterion i) The resource is associated with events that have made a meaningful contribution to the nation, state or community;

No information was provided indicating any significant event was directly associated with this site. The site does not qualify under Criterion i.

(Criterion ii) The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history;

The home was the residence of a writer and character actress by the name of Harriet Merry Van Horn in 1950. The report concludes that there is little information about this individual other than the fact that she owned the property for about a year shortly after it was constructed in 1948. Staff finds that criterion ii is not met.

(Criterion iii) The resource reflects or exemplifies a particular period of national, state or local history;

The home was completed for the developers O.W. Karn and R.C. Inger in the El Mirador Park tract. According to the research in the report, developers during this period tried to set apart their homes through design. Herbert W. Burns was an established designer that had a distinctive style that identified with the Late Moderne movement of the post-World War II era. The design of the building has a strong emphasis on the horizontal form and a flat roof. The mullions of the steel framed windows, the vertical wooden poles and the horizontally stacked Arizona sandstone all contribute to creating a subtle sense of ornamentation. The home in its condition is an exceptional representation of this particular time period from a state and local standpoint, thus, criterion iii is met.

(Criterion iv) The resource embodies the distinctive characteristics of a type, period or method of construction;

Unlike the National Register criterion concerning construction, the Palm Springs evaluation of construction addresses the type (of construction), the period (of construction) and the method (of construction). It appears that the home was constructed using standard construction methods and does not qualify for this criterion.

(Criterion v) The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value;

Designer Herbert W. Burns is a locally recognized figure who designed a number of historically significant buildings in Palm Springs such as the Town & Desert Apartments (370 W. Arena s Road, HSPB #90, Class 1 Site) and the Gillman Residence (574 W.

Mariscal Road, HSPB #142, Class 1 site). His designs include the use of specific building materials and his mastery in creating balance with asymmetric compositions. His contributions to the development of Palm Springs as a designer is evident in his work, Item 2A - Page 118
Historic Site Preservation Board Staff Report: June 4, 2024 HSPB-157 – The Harriet Van Horn Residence

thus staff finds Criterion v is met.

(Criterion vi) The resource represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists; or

No information has been provided that the resource qualifies under Criterion vi.

(Criterion vii) The resource has yielded or may be likely to yield information important to national, state or local history or prehistory.

No information has been provided on any pre-historic significance of the site.

Analysis of Integrity. (PSMC 8.05.070 (C,1,b). T
he site, structure, building
or object retains one or more of the following aspects of integrity, as established in the Secretary of the Interior’s Standards: integrity of design, materials, workmanship, location, setting, feeling, or association.

T
he Harriet Van Horn Residence is evaluated based on the following topics of integrity based on the Secretary of the Interior’s Standards:

Location.

The location of the home is in its original place of construction; therefore, the integrity of location is met.

Design.

The single-story home is sited on a corner lot with the open space concentrated towards the front yard and a square pool located at the far southwest corner of the lot. The design of the home identifies with Late Moderne architecture which is identified in the Citywide Historic Context Statement for Palm Springs as style that incorporates elements of Streamline Moderne and the International style. The home emphasizes horizontality with the flat roof and the layout of the building footprint. The stacked Arizona sandstone, steel framed windows with mullions, and the vertical wood poles creates a composition of materials that emphasizes utilitarian aesthetics with natural materials. The carport/garage area is enclosed, and a covered breezeway now connects the detached maid’s quarters to the home, but the majority of the layout remains consistent to the original design, and all changes to the home are in discrete locations with minimal impact to the design intent.

The home retains the integrity of materials which contributes to the clear depiction of the design intent. The integrity of design is met.

Setting.

The single-family home remains in a residential subdivision and home occupies the same location on the lot as it was originally intended. New hedges for privacy screening was installed to the front of the home which has altered the visibility of the home from the Item 2A - Page 119
Historic Site Preservation Board Staff Report: June 4, 2024 HSPB-157 – The Harriet Van Horn Residence

public right-of-way but the overall relationship between the home and the open areas on site remain consistent given that no significant additions were added to the home.

Materials.

The exterior of the building is comprised of unadorned stucco walls, unpainted Arizona sandstone, thin vertical wooden columns, and steel framed windows. New solar panels were installed to the flat roof but with a minimal profile and a new sliding door and windows were added to the rear façade but all the fenestration and sandstone details on the primary facades appear to be original. The materials play an important role in the design of the building because they incorporate the decorative elements that tie the design together. The integrity of materials is met.

Workmanship.

Conventional construction methods were used to build the home but the attention to detail is clearly visible when you observe the thin inset mortar joints between each layer of Arizona sandstone. The property as it stands exhibits craft and high-quality workmanship.

Staff finds the integrity of workmanship is met.

Feeling.

The property remains a single- family home and clearly demonstrates characteristics pertaining to Late Moderne architecture. The clear visibility of the site is now partially obstructed due to the newly planted vegetation, however, the feeling related to the design remains fully intact. The integrity of feeling is met.

Association.

The property is associated with the designer Herbert W. Burns and the high level of design and material integrity that is retained affirms the buildings strong association with the designer. The integrity of association is met.

DEFINING HISTORIC CHARACTERISTICS:

In considering a recommendation for historic resource designation it is important to distinguish those physical elements that are original or from the period of significance that contribute to the resource’s historic significance from alterations, additions or features that were added at a later time that may be sympathetic to the original character, but which may create a false sense of historicity. Distinguishing original character -defining features from non- original elements aids the HSPB when it is tas ked with evaluating future alterations to the historic resource.

On page 12, the report identifies the physical character -defining historic features of this site as follows:

• Overall site design
• Low-slung one-story configuration with horizontal massing and splayed L-shaped building footprint
Item 2A - Page 120
Historic Site Preservation Board Staff Report: June 4, 2024 HSPB-157 – The Harriet Van Horn Residence

• Two main building volumes separated by inset entryway beneath a rectangular canopy
• Unadorned stucco walls and stucco cladding with continuous slightly projecting relief along the roofline at exterior walls
• Flat roofline with wide overhanging eaves
• Flat-stacked Arizona sandstone chimneys projecting above the roofline at the north and west elevations
• Fenestration patterns consisting of rectangular fixed and casement steel-frame windows at all elevations
• Rectangular Swimming pool
• Flat-stacked Arizona sandstone wall, east of inset entryway at north elevation • Low flat-stacked Arizona sandstone planters at north and south elevations • Vertical cylindrical poles used as accents framing the north elevation of the western volume
• Low concrete wall separating the front yard from the sidewalk

Non-c
ontributing elements:
• Concrete entry pathway
• Hedges installed along the street-facing front façade • Enclosed carport with garage door east of the sandstone chimney on the north elevation
• Sliding glass door on the rear elevation
• Privacy wall that terminates into the corner of the west façade • Spa attached to the swimming pool

ENVIRONMENTAL ASSESSMENT:

The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.

NOTIFICATION:

Pursuant to section 8.05.140 of the Municipal Code of Palm Springs, all residents within five hundred (500) feet of the subject property have been notified and notice was published in a newspaper of general circulation.

CONCLUSION:

The “Harriet Van Horn Residence” meets the definition of a historic resource based on Criterion 3 and 5 of the Palm Springs Historic Preservation Ordinance and meets all of Item 2A - Page 121
Historic Site Preservation Board Staff Report: June 4, 2024 HSPB-157 – The Harriet Van Horn Residence

the integrity findings; therefore, staff recommends Class 1 Designation as a historic landmark property.

PREPARED BY: Sarah Yoon, Associate Planner/Historic Preservation Officer REVIEWED BY: David Newell, AICP, Assistant Director of Planning

Attachments:

A. Vicinity Map
B. Draft Resolution
C. A pplication, related background materials, photos.

Item 2A - Page 122

EXCERPTS OF MINUTES

At the Historic Site Preservation Board meeting of the City of Palm Springs, held June 4, 2024, the Historic Site Preservation Board took the following action:

2.A. APPLICATION BY THE CITY OF PALM SPRINGS FOR HISTORIC SITE DESIGNATION OF “THE HARRIET VAN HORN RESIDENCE” LOCATED AT 1121 LINDA VISTA ROAD, CASE HSPB #157 (APN 507 -132-001) (SY).

Staff member Yoon, Historic Preservation Officer, presented the staff report to the Board.

Public Hearing: None.

Member Moruzzi asked if the owner was in support of the designation.

Ken Sim, owner, responded that the owners are in support of the nomination, and further explained that when purchasing the home, they thought the architecture was unique. He said many of the original design details are still intact.

Vice Chair Nelson recommended that the contemporary landscaping not be included as contributing features.

Staff clarified that the draft resolution identifies the hedges as a non-contributing feature.

Motion by Member Hanse n, seconded by Member Rosenow to adopt the findings and recommend that the City Council designate the “Harriet Van Horn Residence” (HSPB 157) as a Class 1 historic landmark site.

AYES: Hough, Nelson, Hansen, Bachman, Herr, Moruzzi, Rosenow.

NOES: None.

ABSENT: None.

Item 2A - Page 123

CITY COUNCIL STAFF REPORT

DATE: JUNE 13, 2024 PUBLIC HEARING

SUBJECT: PNG 1, LLC ON BEHALF OF PS COUNTRY CLUB, LLC FOR AN

AMENDMENT OF THE DEVELOPMENT AGREEMENT FOR SERENA
PARK – A RESIDENTIAL DEVELOPMENT CONSISTING OF 386

ATTACHED AND DETACHED RESIDENTIAL UNITS, STREETS,
PRIVATE OPEN SPACE AND PUBLIC PARK ON 126 ACRES OF LAND

LOCATED EAST OF SUNRISE WAY, NORTH OF VERONA ROAD AND

SOUTHWEST OF THE WHITEWATER RIVER FLOODPLAIN WITHIN
SECTION 1 AND 36 (CASE DA-2024-0002)

FROM: Scott C. Stiles, City Manager

BY: Department of Planning Services

SUMMARY:

This is a request to modify the amended development agreement associated with the 2016 entitlements for the Serena Park project, which involves the redevelopment of the former Palm Springs County Club golf course to residential use. The Development Agreement was approved in 2017 and amended in 2021; the City declared the owner in default of the Amended Development Agreement in 2022. The owner has entered escrow to sell the property to PNG1, LLC ( SunCal), which is proposing this amendment to the terms of the Amended Development Agreement and would take ownership if approved.

Among other terms, the proposed amendment provides an increased Development Agreement Fee (from balance owed of $2.5 million to $3.2 million), a memorialized property maintenance obligation, a revised Performance Schedule and the City’s cooperation in forming a community facilities district (or similar) to assist with financing of infrastructure and development impact fees.

RECOMMENDATION:

1. Open the public hearing and receive public testimony.

2. Waive the reading of text in its entirety, and introduce for first reading an ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 94.08.09 OF THE PALM

SPRINGS ZONING CODE AND APPROVING A DEVELOPMENT AGREEMENT

AMENDMENT WITH PS COUNTRY CLUB, LLC, RELATED TO THE SERENA

PARK PROJECT PERFORMANCE SCHEDULE FOR CONSTRUCTION, THE

DEVELOPMENT AGREEMENT FEE PAYMENT DATE, AND OTHER MINOR Item 2B - Page 1
City Council Staff Report
June 13, 2024 -- Page 2
Serena Park Amended Development Agreement, Case DA-2024-0002

REVISIONS RELATED TO THE CONVERSION OF THE PALM SPRINGS COUNTRY CLUB GOLF COURSE INTO 386 RESIDENTIAL UNITS LOCATED

NORTH OF VERONA ROAD, EAST OF SUNRISE WAY AND SOUTHWEST OF THE WHITEWATER RIVER WASH (CASE DA-2024-0002).”

3. Authorize the City Manager to execute the First Amendment to the First Amended and Restated Development Agreement.

BUSINESS PRINCIPAL DISCLOSURE:

The application was submitted by PNG1, LLC on behalf of the current owner, PS Country Club LLC. Serena 386, LLC is the assignee at the closure of the property sale. The completed Public Integrity Disclosure Forms are included as an attachment to this report.

BACKGROUND:

On September 7, 2016, City Council approved several discretionary entitlement applications associated with the redevelopment of the Palm Springs Country Club golf course, allowing for the conversion of open space to low density residential development of up to 92 attached single- family units and 294 detached single- family units (386 total residential units) on approximately 126 acres, referred to as the "Serena Park" project, as shown in Figure 1 below.

Figure 1
Item 2B - Page 2
City Council Staff Report
June 13, 2024 -- Page 3
Serena Park Amended Development Agreement, Case DA-2024-0002

Specifically, in approving the Serena Park project, the Council approved the following actions:

• Adopted Resolution No. 24082, certifying an Environmental Impact Report for the Serena Park project;
• Adopted Resolution No. 24083, approving a General Plan Amendment to modify land use designation from "Open Space - Parks/Recreation" to "Very Low Density Residential";
• Adopted Resolution No. 24084, approving a Major Architectural Application (Case

5.1327, PDD-366/MAJ);
• Adopted Resolution No. 24085 approving Tentative Tract Map 36691; and • Adopted Ordinance No. 1898 approving Planned Development District (PD -366) in lieu of a change of zone.

Included as part of the Council’s conditional approval of the above entitlements is Administrative Condition ADM #13, which states:

Development Agreement
. Approval of these land use entitlement
applications is contingent upon the approval of a development agreement.

The development agreement shall address the conversion of open space for development purposes, through in- kind replacement of open space, payment of in-lieu fees for the acquisition of open space, or replacement of open space through a density transfer, pursuant to Policy LU2.2 of the City of Palm Springs General Plan.

To satisfy this condition, the Development Agreement was reviewed and approved by City Council’s adoption of Ordinance No. 1931, on July 19, 2017. A minor amendment was approved by City Council on October 17, 2018, revising the manner in which the Development Agreement Fee is required and paid. The executed Development Agreement is attached to this report as Attachment 8.

On October 14, 2021, the City Council conditionally approved a Development Agreement Amendment for the Serena Park project by adopting Ordinance No. 2051. This amendment revised the Performance Schedule for construction, modified the payment dates of the D evelopment Agreement Fee, memorialized phasing of utility undergrounding and approved other minor revisions. On November 1, 2021, the owner remitted $500,000 of the Development Agreement Fee to the City, as required by the Development Agreement Amendment. The executed First Amended and Restated Development Agreement is attached to this report as Attachment 7.

A Maintenance and Security Plan was required by City Council as a part of the 2021 approval of the Development Agreement Amendment. This Plan was reviewed and accepted by the City Council on December 9, 2021 and is attached to this report as Attachment 9.

Item 2B - Page 3
City Council Staff Report
June 13, 2024 -- Page 4
Serena Park Amended Development Agreement, Case DA-2024-0002

On September 21, 2022, due to a failure to comply with the agreed upon Performance Schedule and Maintenance and Security Plan, the City notified the owner of default of the terms of the First Amended and Restated Development Agreement. In response, the owner improved efforts to maintain the property, but has yet to commence construction and pay the remaining balance due ($2.5 million) of the Development Agreement Fee.

STAFF ANALYSIS:

In order to facilitate the sale of the property, the amendment to the Development Agreement is proposed by the property’s purchaser, PNG 1, LLC (owned by SunCal) and involves the current owner (PS Country Club, LLC), the assignee upon the property’s sale (Serena 386, LLC) and the City of Palm Springs. The owner authorized Suncal to submit the subject application on their behalf and staff met with the purchaser’s legal counsel to discuss the revised terms related to the Development Agreement Fee, Property Maintenance and Security, Performance Schedule and Assessment District Financing.

The outcome of these discussions is described in further detail below.

Development Agreement Fee. When the Development Agreement was approved, a Development Agreement Fee of $3,000,000 was required and scheduled for remittance to the City no later than November 1, 2021. With the 2021 Amendment, a portion of this Fee ($500,000) was due and paid November 1, 2021, and the balance of $2.5 million was due by November 1, 2022 but never paid. Staff requested that the outstanding balance be increased to account for the lost value of this Fee over time. The Amended Development Agreement Fee increases the amount due by $700,000 for an outstanding balance due of $3,200,000. Section 4.01 of the proposed Amendment specifies timeframes for submitting this outstanding balance with due dates starting by June 30, 2025 and concluding by November 30, 2027, and may be paid as lots are sold to third- party builders or as permits are issued for lots.

Performance Schedule. With most milestones missed in the Amended Development Agreement, Section 4.03 of the proposed Amendment provides for a new schedule, which is identified as Exhibit 2 and includes the following milestones:

DATE ACTIVITY NOTE
June 2025 Ready to Record Phase 1A Map 51 Lots
June 2025 Ready to Record Phase 1B Map 29 Lots Park built this phase March 2026 Ready to Record Phase 2 Map 61 Lots
September 2026 Ready to Record Phase 3A Map 57 Lots
January 2027 Ready to Record Phase 3B Map 31 Lots
May 2027 Ready to Record Phase 4A Map 43 Lots
May 2027 Ready to Record Phase 3C Map 20 Lots
November 2027 Ready to Record Phase 4B Map 92 Lots

Item 2B - Page 4
City Council Staff Report
June 13, 2024 -- Page 5
Serena Park Amended Development Agreement, Case DA-2024-0002

Property Maintenance and Security. Property maintenance and security plans are proposed to be memorialized in the proposed Amendment. Section 4.04 provides minimum requirements for maintaining and securing the property, including monthly removal of trash, debris and graffiti (see Section 4.04.01), annual application of dust control sealant of the property (see 4.04.02), installation of surveillance cameras (see

4.04.03), daily patrols (4.04.04), and new “No Trespassing” signs (4.04.05).

Assessment District Financing. The Applicant requested the City to accept Community Facilities District (CFD) financing or other similar financing mechanism such as the Statewide Community Infrastructure Program (SCIP), to reimburse the Developer for public facilities costs for infrastructure to be owned by the City or other public agencies, and associated developer impact fees. Section 4.02 of the proposed agreement identifies the City cooperating in these efforts and proposes a Financing Plan as Exhibit 1 to the proposed Agreement.

While the City hasn’t regularly used this type of financing in the past, there are benefits to allowing this form of financing for the project. The SCIP program provides competitive bond financing that can minimize local agency staff time, due to it primarily being administered by the California Statewide Communities Development Authority (CSCDA).

Additionally, the City Council adopted a resolution in 2014 authorizing the City to join the Statewide Community Infrastructure Program (“SCIP”) and further authorized the CSCDA to accept applications from property owners, conduct special assessment proceedings, and levy assessments within Palm Springs (Resolution No. 23671).

PLANNING COMMISSION REVIEW:

On May 22, 2024, the Planning Commission held a public hearing, reviewed the subject application, and generally supported the proposed amendment s. The Commission discussed property maintenance and security issues, the timeframe for undergrounding of utilities and improvements of Golden Sands Drive, the developer reopening the secondary access for the existing Palm Springs Country Club Condominiums, and the third entry point to the project site. Ultimately, at the conclusion of the hearing and deliberations, the Planning Commission voted 6 to 0 to recommend City Council conditionally approve the application, subject to the following conditions:

1. Modify proposed Development Agreement A mendment to include revisions to Maintenance/Security and Performance Schedule sections as follows:

a. Maintenance and Security (Section 4.04)
i. Specify that an initial clean-up of dead trees and tree limbs, trash and debris to be removed within one month of the new owner acquiring the property, to the satisfaction of staff.
ii. Specify that an evaluation by qualified arborist of all on- site trees shall be conducted within one month of new owner acquiring the property, and removal of certain trees (i.e. invasive trees, such as Item 2B - Page 5
City Council Staff Report
June 13, 2024 -- Page 6
Serena Park Amended Development Agreement, Case DA-2024-0002

Tamarisk) to occur within four months of new owner acquiring the property.
iii. State dust control sealant may occur more frequently than annually, if deemed necessary by City after inspection.
iv. State Developer is responsible for fixing any broken camera in a timely manner, but no longer than 7 days after notification from City. b. Performance Schedule (Exhibit 2)
i. Modify milestones from "Ready to record...lots" to "Record...lots" or other appropriate language.
ii. Include milestone for improvement of Golden Sands Rd. with sidewalk to mobile home park (which may be temporary) during Phase 1.
iii. Include improvement of Park in Phase 1.

2. Recommend third access point for the project be provided.

The Applicant has incorporated the above revisions into the agreement , except for revisions to the recording of lots in the Performance Schedule (1.b.i. above) . The Applicant states they will prepare the final maps for recording, including costs associated with the final map applications, infrastructure and plan designs, and other necessary processes for each phase, but is opposed to completing the recordation of the final maps as it substantially increases their cost without commitment from a merchant home builder who would be ready to build each phase of the project. The Applicant states this “guarantees that each phase will be “shovel ready” on the dates specified but allows flexibility depending on market conditions.” The changes to the draft amendment are reflected in redline markups in Attachment 3.

It should be noted that the milestones in the Performance Schedule relate to mapping actions, and there is no certainty that construction of the project would occur during any specific timeframe. Rather, it improves the attractiveness to home builders for each phase of the development, as has been done in other large tract developments in the city (such as Miralon and Escena) and attempts to minimize the risk of start/stop construction that may occur with market downtowns. Under the proposed amendment, the Development Agreement Fee would be paid during the next 3- ½ years, and all homes would need to receive approval and permits during the life of the agreement, which has roughly 14 years remaining. The benefit with this format is a greater likelihood of timely completion of each phase thereby reducing the length of potential construction timeframes and impacts to surrounding neighborhoods. The proposed amendment would also memorialize maintenance & security requirements to address on- site nuisances until construction begins and also ensure the certainty of receipt of Development Agreement Fee, which will increase by $700,000 under the amendment.

FINDINGS – DEVELOPMENT AGREEMENT (Case DA-2024-0002):

Section 94.08.00(A)(12)(b) of the Palm Springs Zoning Code (PSZC) requires that the Planning Commission consider five criteria when recommending a Development Item 2B - Page 6
City Council Staff Report
June 13, 2024 -- Page 7
Serena Park Amended Development Agreement, Case DA-2024-0002

Agreement to the City Council. Staff prepared the following analysis which was accepted by the Planning Commission when recommending approval to the City Council:

Criteria and Findings [PSZC 94.08.00(A)(12)(b)] Compliance

1. The development agreement is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;
Y
The Land Use Element of the General Plan identifies the project site as “Very Low Density Residential,” which permits a density of

2.1 to 4.0 dwelling units permit acre. The Serena Park project entitlements remain consistent with this designation and provi de for 386 residential dwellings over 126- acres of land (or roughly 3 dwelling units per acre), and the requested revisions to the Amended Development Agreement will provide revised terms for performance and financing timelines of project. It will not alter previously approved land uses or density. The modifications will not result in inconsistencies to any objectives, policies, general plan land uses or programs.

2. The development agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;
Y
The uses will not be affected by the proposed amendment. The Development Agreement remains the same for the subject
property and permits 386 residential units, streets, and park space.

3. The development agreement is in conformity with public convenience, general welfare and good land use practice; Y The Development Agreement remains consistent with the
previously approved entitlements, which will allow attached and detached residential units that are compatible with adjacent and surrounding residential developments in the vicinity. The proposed amendment will memorialize maintenance and security measures to improve the general welfare of adjacent residents.

4. The development agreement will not be detrimental to the health, safety and general welfare; Y
The proposed amendment to the Development Agreement will establish new terms for the Performance Schedule, payment of the Development Agreement Fee and memorialize obligations for site maintenance and security. The project benefits will still occur, including removal of blight and improvement of park space.

Therefore, the development agreement is not anticipate d to be detrimental to the health, safety and general welfare.

5. The development agreement will not adversely affect the orderly development of property or the preservation of property values Y Item 2B - Page 7
City Council Staff Report
June 13, 2024 -- Page 8
Serena Park Amended Development Agreement, Case DA-2024-0002

Criteria and Findings [PSZC 94.08.00(A)(12)(b)] Compliance The agreement will permit orderly development of single -story homes in a density that is compatible with surrounding
development patterns. The proposed amendment will only affect the time in which said development occurs, which is not anticipated to adversely affect the preservation of property values.

ENVIRONMENTAL ASSESSMENT
:

On September 7, 2016, the City Council adopted Resolution No. 24082, certifying the Environmental Impact Report (EIR) for the Serena Park project, as required by the California Environmental Quality Act (CEQA). The EIR is the controlling environmental document for the overall project, including the proposed Amendment to the Development Agreement. The preparation of further environmental documentation is not necessary because none of the circumstances triggering further environmental review have occurred since the adoption of the EIR:

(i) There are no substantial changes in the project requiring major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (ii) There are no substantial changes with respect to the circumstances under which the project is being undertaken which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; and (iii) There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified showing that:
(a) The project will have one or more significant effects not discussed in the EIR;
(b) Significant effects previously examined will be substantially more severe than shown in the EIR;
(c) Mitigation measures previously found not feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the mitigation measures have not been adopted; or (d) Mitigation measures considerably different from those analyzed in the EIR would substantially reduce one or more significant effects on the environment, but the mitigation measures have not been adopted.

Accordingly, no further environmental review is required, pursuant to § 15162 of the California Environmental Quality Act.

FISCAL IMPACT
:

If approved, the proposed amendment will result in two potential fiscal impacts to the City.

First, the Development Agreement Fee would increase from the current outstanding Item 2B - Page 8
City Council Staff Report
June 13, 2024 -- Page 9
Serena Park Amended Development Agreement, Case DA-2024-0002

balance due of $2.5 million to $3.2 million, or an increase of $700,000 that would be paid to the City . Although the outstanding balance owed is past due under the current Agreement, the increase would provide additional funds to the City after receipt between June 2025 and November 2027, unless paid sooner by the Developer. The second potential fiscal impact is the City’s cooperation in community facility district financing or SCIP financing of development impact fees and public infrastructure costs, resulting in some staff oversight of these districts with most of these cost burdens being borne by CSCDA, as described in this report.

REVIEWED BY:

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

ATTACHMENTS:

1. Vicinity Map

2. Aerial Map

3. Draft Amendment to Development Agreement

4. Draft Ordinance

5. Applicant Justification Letter & Planning Commission Response Email

6. Public Integrity Disclosure Forms

7. Approved First Amended and Restated Development Agreement

8. Approved Development Agreement

9. 2021 Maintenance and Security Plan

10. Public Comment Letters.

Item 2B - Page 9

ATTACHMENT #1
Item 2B - Page 10

Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS

Development Agreement, Case No. DA-2024-0002
PS COUNTRY CLUB, LLC AND PNG1, LLC

Item 2B - Page 11
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ATTACHMENT #2
Item 2B - Page 12
D
epartment of Planning Services
Aerial Map

CITY OF PALM SPRINGS
Serena Park Development Agreement
Amendment, Case DA-2024-0002
Item 2B - Page 13
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ATTACHMENT #3
Item 2B - Page 14
55575.18145\42234823.3

- 1 -

RECORDING REQUESTED BY:

CITY OF PALM SPRINGS

AND WHEN RECORDED MAIL TO:

CITY OF PALM SPRINGS

OFFICE OF THE CITY CLERK
3200 E. TAHQUITZ CANYON WAY
PALM SPRINGS, CA 92262

SPACE ABOVE FOR RECORDER’S USE ONLY
Pursuant to Government Code Section 6103, recording fees shall not apply

FIRST AMENDMENT TO

FIRST AMENDED AND RESTATED

DEVELOPMENT AGREEMENT BY AND BETWEEN

CITY OF PALM SPRINGS

AND

PS COUNTRY CLUB, LLC,

A CALIFORNIA LIMITED LIABILITY COMPANY

AND

SERENA 386, LLC, A CALIFORNIA LIMITED LIABILITY

COMPANY

FOR

SERENA PARK PROJECT
CASE NO. 5.1327, PDD-366, TTM36691

THIS AREA FOR
RECORDER’S
Item 2B - Page 15
55575.18145\42234823.3

- 2 -

USE ONLY

FIRST AMENDMENT TO THE

FIRST AMENDED AND

RESTATED

DEVELOPMENT AGREEMENT

THIS FIRST AMENDMENT TO F I RST AMENDED AND RESTATED
DEVELOPMENT AGREEMENT (this "Amendment") is entered into by and between the City of Palm Springs , a California Charter City and municipal corporation, (“City”), PS Country Club, LLC, a California Limited Liability Company (“PS Country Club ”), and Serena 386, LLC, a California Limited Liability Company (“Serena 386” or “Developer”), pursuant to California Government Code § 65864 et seq.

RECITALS
A. First Amended and Restated Development Agreement . O n October 14, 2021, the City approved Agreement No. A9378, the First Amended and Restated Development Agreement between the City and PS Country Club, later executed by both parties (“Development Agreement”) . The Development Agreement amended and restated a previous development agreement between the Parties.

B. In 2
022, the City declared PS Country Club to be in default of the Development Agreement.

C. PS Country Club is in escrow to sell the development to SERENA 386/Developer. SERENA 386/Developer will not consummate the transaction without the City’s approval of this Amendment.

D. The City’s approval of this Amendment is contingent upon the acquisition of the project by SERENA 386/Developer. In such event:

1. City hereby approves the assignment of the Development Agreement to SERENA 386 /Developer. Upon close of escrow, SERENA 386 shall assume all obligations of “ Developer” pursuant to the Development Agreement, as amended.

2. City and SERENA 386 /Developer intend to modify and restate all maintenance obligations concerning the Property while the Property is owned by Developer. Any and all prior oral or written commitments by PS Country Club to maintain the Property, including but not limited to that certain Landscape Ground Maintenance Agreement dated December 12, 2012, and any settlement agreement between the parties, are hereby terminated and replaced with the maintenance requirements contained herein.

Item 2B - Page 16
55575.18145\42234823.3

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H. Planning Commission – Council Findings. The approval of this Amendment is made pur suant to findings by the Planning Commission and the Council that this Development Agreement:
a. Is consistent with the objectives, policies, general land uses and programs s
pecified in the general plan and any applicable specific plan; b. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located; c. Is in conformity with public convenience, general welfare and good land use practice;
d. Will not be detrimental to the health, safety and general welfare; e. Will not adversely affect the orderly development of property or the preservation of property values.

AMENDMENT

NOW, THEREFORE, in consideration of the promises, covenants, and provisions set forth herein, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows:

ARTICLE 1. DEVELOPMENT AGREEMENT.

Section 1.01. D evelopment Agreement. All terms and definitions contained within the Development Agreement shall apply in this Amendment and remain in full force and effect unless specifically amended in this Amendment.

ARTICL
E 2. INCORPORATION OF RECITALS.

Section 2.01. Re citals. The Recitals set forth above, and the introductory paragraph preceding the Recitals, are hereby incorporated into this Amendment as if set forth herein in full.

ARTICL
E 3. EFFECTIVE DATE

Section 3.01. Effect ive Date of this Amendment . This Amendment shall become effective as of the date PS Country Club sells the project to Developer (i.e. the close of escrow) (the “Amendment Effective Date”).

ARTICL
E 4. AMENDMENTS TO THE DEVELOPMENT AGREEMENT.

Section 4.01. D evelopment Agreement Fee . Section 4.03 e. of the Development Agreement is hereby deleted and replaced as follows:

“e. The D
evelopment Agreement Fee (“DA Fee”) was established at
Three Million Dollars ($3,000,000) in the Development Agreement. In 2021, Developer paid Five Hundred Thousand Dollars ($500,000) towards the DA Fee. The balance of the DA Fee of Two Million Five Hundred Thousand Dollars ($2,500,000) Item 2B - Page 17
55575.18145\42234823.3

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was due no later than November 1, 2022, but was not paid by Developer. The Parties agree to a new Development Agreement fee in the amount of Three Million Two Hundred Thousand Dollars ($3,200,000) (“Amended DA Fee”). The Amended DA Fee is in addition to any amount previously paid towards the DA Fee. Unless paid sooner, the Amended DA Fee shall be paid no later than the following dates:

i. $663,212 (80 lots) on or before June 30, 2025
ii. $505,699.76 (61 lots) on or before March 31, 2026
iii. $472,539.12 (57 lots) on or before September 30, 2026 iv. $256,994.96 (31 lots) on or before January 31, 2027 v. $522,280.08 (63 lots) on or before May 31, 2027
vi. $762,703.92 (92 lots) on or before November 30, 2027

If development lots are sold to third- party builders or building permits are issued prior to the payment of the Amended DA Fee (or the pro rata amount of the Amended DA Fee for such lots), the Amended DA Fee shall be paid by Developer such that as construction of the Project occurs, and either (i) developed lots are sold to third- party builders, or (ii) building permits are issued for construction of residential dwelling units, the Developer shall pay to City a pro-rata portion of the unpaid principal at the time vacant lots are sold to third-party merchant builders or building permits are issued for construction of residential dwelling units. Eac h payment to the City shall take place within ten (10) business days following any sale of developed lots to a third-party builder, or concurrent with and as a condition precedent to the City issuance of a building permit. The pro -rata portion of the Amended DA Fee shall be calculated as the total Amended DA Fee divided by the total number of residential dwelling units ($3,200,000 / 386), for a per lot fee of $8,290.16 (“Pro-rate Per Lot Fee”).”

Section 4.02. I
nfrastructure Financing. City acknowledges that the success of the Project may require the establishment of a Community Facilities District (“CFD”) or other similar a lternative financing mechanism (i.e. Statewide Community Infrastructure Program (“SCIP”) (“Financing District”) to reimburse the D eveloper for public facilities costs for infrastructure to be owned by the City or other public agencies , and associated developer impact fees. At Developer's request, City shall cooperate with Developer in the establishment of an assessment district(s), community facilities district(s) or other public financing mechanism to finance any necessary public improvements for the Project, which public improvements may lawfully be financed with such financing mechanism, substantially consistent with the financing plan (“Financing Plan”) set forth in Exhibit “1”.

Section 4.03. Ex
hibit D. Exhibit “D”, incorporated into the Development Agreement in Section 7.09 c. thereof , is deleted and replaced in its entirety with a new Exhibit “D”, attached hereto as Exhibit “2” to this Amendment.

Section 4.04. P
roperty Maintenance Obligations. During the term of the Development Agreement, so long as Developer owns the Property, or any portion thereof, Developer shall be responsible to maintain the Property as set forth below.

Item 2B - Page 18
55575.18145\42234823.3

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4.04 .01. Trash, Debris & Graffiti. No less than once per month, Developer shall ensure the removal of all trash, debris and graffiti from the Property.

4.04 .01.01. Initial Property Cleanup. Within 30 days following the Amendment Effective Date, dead trees, limbs, trash and debris shall be removed from the Property to the reasonable satisfaction of City staff.

4.04.01.02. On-Site Trees . Within 30 days following the Amendment Effective Date, Developer shall retain an arborist to evaluate the condition of all trees on-site. Within 120 days offollowing the Amendment Effective Date, Developer shall remove all trees reasonably deemed necessary for removal by the arborist.

4.04 .02. Dust Control. The Parties recognize that the area surrounding the Property is affected by blown dust and sand during wind events. The Parties also recognize that the area is adjacent to stormwater facilities that can also be the cau se of dust and sand during wind events. So long as Developer applies a chemical soil stabilizer or binder no less than once annually, Developer shall not be deemed the cause of wind blown dust or sand in the area. Developer shall, within thirty (30) days of notification from City, re-apply a chemical soil stabilizer or binder more frequently than annual re- applications if the City notifies Developer that an area has been disturbed and the previously applied stabilizer/binder is no longer effective.

4.04 .03. Surveillance Cameras. Within 60 days following the Amendment Effective Date, Developer shall install surveillance cameras at no less than four on-site locations, as designated by the City, and maintain their operation until home construction begins at each location. Each camera shall have video recording capabilities enabled 24 hours, seven day per week. Developer shall maintain video recordings of all four cameras for a rolling fourteen (14) day period, which recordings shall be made available to the City, upon request. Developer shall repair any broken cameras in a timely manner, but in no event longer than 10 business days after notification by the City. If the Project is built in phases, City and Developer can mutually agree to reduce the number of cameras as each phase is built.

4.04 .04. Patrols. Developer shall contract with a company to provide daily patrols of the Property to provide a deterrence to trespassers and inform Developer of any maintenance or disturbance issues witnessed at the Property.

4.04 .05. Signs. "No trespassing" signs shall be posted and maintained by Developer at the three vehicular access point to the property (Verona/Whitewater, San Rafael/Golden Sands and Francis terminus) and no less than four locations along easterly boundary along the stormwater channel.

4.04 .06. Contact Person. Developer shall designate a contact person who, at any time during normal business hours, is available to respond to calls or complaints from the City or neighbors concerning the Property's condition. This individual Item 2B - Page 19
55575.18145\42234823.3

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is responsible for promptly and effectively coordinating the correction of any observed violations of the Property Maintenance Obligations in this Amendment.

4.04 .07. Default of Property Maintenance Obligations. Developer shall be in default of these Property Maintenance Obligations if a violation occurs, the City provides written notice to Developer to correct the violation, and the violation is not corrected by Developer within thirty (30) days for the Dust Control measure (Section

4.04.02) and seventy two (72) hours for all other property maintenance obligations.

Section 4.05. Ad
ditional Project Entrance & Sidewalk.

4.05 .01. Additional Project Entrance. Developer agrees to cooperate with City in providing for a third additional vehicular entrance to the Project.

4.05. 02. Sidewalk . Developer shall install a sidewalk along Golden Sands Road between the end of the sidewalk east of Savanna Trail to Golden Sands Mobile Home Park as part of the Project’s first phase.

Section 4.06. Mi
scellaneous.

Sec tion 64.06.01. Enforceabilit y. The Parties agree that unless this Amendment is amended or ter minated pursuant to the prov isions of the Development Agreement, as amended, this A mendment shall be en forceable by any p arty hereto, notwithstanding any change hereafter enacted or adopted (whether by ordinance, resolution, initiative, or any other m eans) in any applicable general plan, specific plan, zoning ordinance, subdivision ordinance, or any other land use ordinance or building ordinance, resolution or other r ule, regulation or policy adopted by City that changes, alters or amends the rules, regulations and policies applicable to the development of the Project Site as of the Amendment Effective Date, as provided by California Government Code Section 65866.

Sec
tion 64.06.02. Severability. If any term or provision of this Amendment, or the application of any term or provision of this Amendment to a particular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the re maining ter ms and provisio ns of this Amendment, or the appl ication of this Amendment to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the parties. Notwithstanding the foregoing, if any material provision of this Amendment, or the application of such provision to a particular situation, is held to be invalid, void or unenforceable, either City or Developer may (in their sole and absolute discretion) ter minate this Amendment by providing written notice of such termination to the other party.

Sec tion 64.06.03. Other Necessary Acts. Each party shall execute and deliver to the other all such other f urther instrum ents and docum ents as m ay be reasonably necessary to carry out the Project Approvals or this Amendment and to provide and secure to the other p arty the full and complete enjoy ment of its rights and privileges hereunder.

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Sec tion 64.06.04. Construction. Each reference in this Amendment to this Amendment or any of the Project Approvals shall be de emed to re fer to the Amendment or the Project Approvals as they may be amended from time to time, whether or not the particular reference refers to such possible amendment. This Amendment has been reviewed and revised by legal counsel for City, PS Country Club and Developer , respectively, and no presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this Amendment.

Sec tion 64.06.05. Other Miscellaneous Ter ms. The singular shall include the plural; the masculine gender shall include the femi nine; “shall” is mandatory; “may” is per missive. If there is m ore than one signer of this Amendment, the sig ner obligations are joint and several.

Sec tion 64.06.06. Covenants Running with the Land . All of the provisions contained in this Amendment shall constitute covenants or servitudes which shall run with the land comprising the Project Site and the burdens and benefits hereof shall be binding upon an d inure to the benefit of the parties and their respective heirs, successors in interest, transferees and assignees, representatives, lessees, and all other persons acquiring all or a portion of the Project or the Project Site, or any interest therein, whether by operation of law or in any manner whatsoever. All of the provisions contained in t his Amendment shall be enforcea ble as equita ble servitudes and shall c onstitute covenants running with the land pursuant to California law includ ing, without lim itation, Civil Code Section 1468.

Sect ion 64.06.07. Entire Agreement, Counterparts and Exhibits. This Amendment is executed in duplicate, each of which is dee med to be an original. This Amendment consists of 9 pages and two exhibits which co nstitute, except for the Development Agreement, the full, final and exclusive understanding and amendment to the Development Agreement, and supersedes all negotiations or previous agreements of the parties with respect to all or any part of the subject matter hereof.

Sec tion 64.06.08. Waiver . Any waivers of the provisions of this Amendment or any breach of covenants or conditions contained in this Amendment shall be effective only if in writing and signed by t he appropriate authorities of City a nd Developer. A waiver of one provision o r breach shall not be considered as a continuing waiver, shall not constitute a waiver of any other conditions or covenants and shall not operate to bar or prevent the other party from declaring a forfeiture or exercising its rights for any succeeding breach of either the same or other condition or covenant.

Sec tion 64.06.09. Recordation of Development Agreement. N o later than thirty (30) days after the Amendment Effective Date, the City Clerk shall record an executed copy of this Amendment in the Official Records of the County of Riverside.

Sec tion 64.06.10. No Third Party Beneficiaries. No person or e ntity shall be deem ed to be a third party beneficiary hereof and nothing in this Agree ment (either express or implied) is intended to confer upon any person or entity, other than City, Item 2B - Page 21
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PS Country Club, and Developer, any rights, remedies, obligations or liabilities under or by reason of this Amendment.

Sec tion 46.06.11. Titles of Parts and Sections. Any titles of the sections or subsections of this Amendment are inserted for convenience of r eference only and shall be disregarded in interpreting any part of this Amendment’s provisions.

Sec tion 46.06.12. Discretion of Cit y. City’s exec ution of this Amendment in no way li mits the discretion of City in the per mit or approval process in connection with any site plan approvals, subsequent entitle ments, land use decisions, construction or improvem ents which are within City’s jurisdiction, e xcept to the extent expressly and unequivocally stated herein.

Sec tion 46.06.13. Representations of Authority . As to e ach person signing this Amendment on behalf of an entity , all necessary legal prerequisites to t hat party’s execution of this Amendment have been s atisfied and he or she has been authorized to sign this Amendment and bind the party on whose behalf he or she signs.

[SI
GNATURES ON NEXT PAGE]

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IN WITNESS WHEREOF, the City of Palm Springs California, a California Charter City and municipal corporation, has authorized the exec ution of this Develop ment Agreement Amendment in duplicate by its City Manager and attestation by its City Clerk, and approved by the Council of the City on the day of , 2024, and adopted by City Council Ordinance No. [___], and PS Country Club and Developer have caused this Amendment to be executed by its authorized representative.

“CI
TY”
City of Palm Springs

Date:__________________________ By: _______________________________ Scott Stiles
City Manager

APPROVED AS TO FORM: ATTEST

By: ___________________________ By: _______________________________ Jeffrey S. Ballinger Brenda Pree, MMC
City Attorney City Clerk

APPROVED BY CITY COUNCIL:

Date: _______ Agreement No. _____

Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.

[SIGNATURES CONTINUE ON NEXT PAGE]

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“DEVELOPER”
SERENA 386, LLC,
a California limited liability company

By _______________________________________By ___________________________________________ Signature (Notarized) Signature (Notarized)

Printed Name/Title Printed Name/Title

“PS COUNTRY CLUB”
PS Country Club, LLC,
a California limited liability company

By _______________________________________By ___________________________________________ Signature (Notarized) Signature (Notarized)

Printed Name/Title Printed Name/Title

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Exhibit “1”

EXHIBIT “1”

FINANCING PLAN
This Financing Plan sets forth the basic terms and conditions pursuant to which City and Developer will cooperate to establish a Community Facilities District or Community Facilities Districts (each, a “District”) pursuant to the Mello- Roos Act to finance the acquisition or construction of certain public improvements in connection with the Project. Capitalized terms not otherwise defined in this Financing Plan shall be defined as provided in the Development Agreement (“Agreement”).

1. Objectives.

The principal objectives of this Financing Plan are to:
a. Provide City and Developer reasonable certainty that any District will be established in accordance with the Goals and Policies, except as any specific goal or policy may be explicitly supplemented, amended or waived as set forth herein. b. Provide for the issuance of bonds by or for the District or Districts or any Improvement Areas (defined below) therein in one or more series in order to minimize carrying costs and improve overall bondholder security. c. Implement and document certain determinations by City pursuant to the Goals and Policies.

To the extent this Financing Plan is inconsistent with other parts of the Agreement to which this Financing Plan is an exhibit, the provisions of this Financing Plan shall govern.

2. Formation. City shall initiate proceedings to establish a District, upon Developer’s written request and submittal of the City’s standard application form and receipt of an advance from the Developer in an amount determined by the City to pay for the City’s estimated costs to be incurred in undertaking the proceedings to establish the District (“Formation Proceeding Costs”). City agrees that all such advanced City costs incurred in connection with the formation of such District shall be eligible for reimbursement out of the first available District bond proceeds and/or special taxes. The exact terms and conditions for the advance of funds by Developer and the reimbursement of such advances as mutually agreed upon shall be memorialized in a separate agreement between the City and the Developer. City agrees to use its best efforts to complete the proceedings to form such District and record the notice of special tax lien within two hundred ten (210) days after City’s receipt of Developer’s complete application and deposit. In the event such District is not or cannot be formed by the City or bonds cannot be issued for such District to finance the facilities as provided for in this Financing Plan due to unforeseen changes in state or federal law or other reas ons, City shall reasonably cooperate with Developer in using the Statewide Community Infrastructure Program (“SCIP”) or other community facilities district financing program available through the California Statewide Communities Development Authority to finance, acquire, and/or construct the public improvements described herein.

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Exhibit “1”

3. Boundary. The District boundary shall encompass the Project and may contain multiple improvement areas (each, an “Improvement Area”) based on phasing of the Project. It is currently contemplated that the District will contain both residential and non-residential land uses and may be subject to the levy of special taxes by the District as set forth herein.

4. Eligible Public Facilities and Discrete Components and Fee Facilities .

Subject to the condition set forth in the following paragraph, the City will authorize the District to finance the following types of public improvements (“Eligible Public Facilities”) and fee facilities (“Fee Facilities”) which by the approval of the Agreement City has determined are consistent with the Goals and Policies or constitute an approved exception to the Goals and Policies for the Project may include, but is not limited to the following Eligible Public Facilities:
a. Public Streets and other related improvements within public right of wa
y
b. Potable and Non-Potable Water Facilities
c. Sewer Facilities
d. Dry Utilities
e. Public Parks, Open Space and Landscaping
f. Storm Water Drainage, Retention and Detention Facilities g. Fire Facilities, Police Facilities and other Government Facilities The Eligible Public Facilities shall be financed with the proceeds of special taxes and/or bonds of the District (“District Proceeds”) regardless of the Improvement Area(s) from which such District Proceeds are derived. Costs of the Eligible Public Facilities to be constructed by Owner that are eligible to be financed with District Proceeds are as follows:
(i) The actual hard costs for the construction or the value of an Eligible Public Facility, including labor, materials and equipment costs; (ii) The costs of grading related to an Eligible Public Facility; (iii) The costs incurred in designing, engineering and preparing the plans and specifications for an Eligible Public Facility;
(iv) The costs of environmental evaluation and mitigation of or relating to the Eligible Public Facility;
(v) Fees paid to governmental agencies for, and costs incurred in connection with, obtaining permits, licenses or other governmental approvals , including the Amended DA Fee (if eligible), for an Eligible Public Facility; Item 2B - Page 26
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Exhibit “1”

(vi) Costs of construction administration and supervision up to five percent (5.0%) of the total cost of the Eligible Public Facility; (vii) Professional costs associated with each Eligible Public Facility, such as engineering, legal, accounting, inspection, construction staking, materials and testing and similar professional services;
(viii) Costs of payment, performance and/or maintenance bonds and insurance costs directly related to the construction of an Eligible Public Facility; and (ix) Fee Facilities includes all fees established and imposed upon the Project by the City or any other participating agencies.

City and Developer agree that “Discrete Components” of each Eligible Public Facility may be approved for payment from District Proceeds in an amount equal to actual cost of the Discrete Component less a 25% retention, and that City shall not accept an Eligible Public Facility of which a Discrete Component is a part, or pay any prior retention relating to such Discrete Component, until the entire Eligible Public Facility has been completed.

Each Discrete Component is a component of an Eligible Public Facili ty that City has agreed can be separately identified and/or inspected. City acknowledges that a Discrete Component that consists of construction or installation work does not have to be accepted by City as a condition precedent to the payment of acquisition thereof, but City shall not be obligated to make such payment until such Discrete Component has been “substantially completed,” which shall mean that it is substantially complete for its intended use in accordance with its plans and specifications, notwithstanding any final “punch list” items still required to be completed. Master Developer shall be entitled to make a separate payment request to City for the costs of final “punch list” items and other eligible costs not previously reimbursed upon completion of such work.

The Eligible Public Facilities shall be bid, contracted for and constructed in accordance with a funding and acquisition agreement (“Acquisition Agreement”) to be entered into between City and Developer at the time of formation of the District. The Acquisition Agreement shall provide additional detail, consistent with the provisions of this Development Agreement, with respect to the District and the acquisition and construction of the Eligible Public Facilities with District Proceeds.

5. Financing Parameters.

City agrees to levy special taxes of the District and
issue District bonds in one or more series to finance the acquisition and construction of the Eligible Public Facilities using the parameters set forth below:
a. A precondition to the issuance of bonds shall be that the value of the r
eal property subject to special taxes required to repay the bonds shall be at least three (3) times the amount of the bonds and any other governmentally -imposed land-secured debt (excluding any proceeds of the bonds to be deposited in an escrow fund); provided, however, that City, its bond counsel, its financial advisor and the underwriter of the bonds do not view such ratio as posing an unusual credit risk. In order to reduce issuance, administrative and interests costs, provide certainty as to the availability of the proceeds Item 2B - Page 27
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Exhibit “1”

of the bonds to fund the Eligible Public Facilities, and facilitate efficiency in such funding and the construction of the Eligible Public Facilities, bonds may be issued and a portion of the proceeds escrowed that is reasonably expected by the City to be released within three (3) years pending increases in the value of property subject to special taxes to achieve a 3:1 value-to-lien ratio.
b. Each series of bonds shall have a minimum term of thirty (30) years; provided, however, the term of any individual series of bonds may be less than thirty (30) years if the District’s authority to levy the special taxes securing the payment of such bonds or the underwriting conditions in the market for land secured bonds at the time of the issuance of such bonds require the issuance of such bonds with a shorter term. c. Each series of bonds may include up to eighteen (18) months of capitalized interest or such other lesser amount as may be requested by Developer. d. Each series of District bonds to be issued for an Improvement Area shall be sized based upon the estimated annual special tax revenues from such Improvement Area at build- out being equal to one hundred ten percent (110%) of (i) annual debt service, plus (ii) priority annual administrative expenses. Priority administrative expenses shall not exceed $20,000 for the first series of bonds issued for an Improvement Area.
e. The total effective tax rate within each Improvement Area applicable to any residential parcel on which a residential dwelling has or is to be constructed, taking into account all ad valorem property taxes, voter -approved ad valorem property taxes in excess of one percent (1%) of assessed value, the annual special taxes of existing community facilities districts and community facilities districts under consideration and reasonably expected to be established, the annual assessments (including any administrative surcharge) of existing assessment districts and assessment districts under consideration and reasonably expected to be established, and the special taxes of the District, shall not exceed two percent (2.00%) of the projected initial sales price of the residential dwelling unit and such parcel, as projected at the time of District formation. f. Special taxes shall be levied on Developed Property within an Improvement Area at the maximum assigned special tax rate prior to the issuance of bonds to finance the Eligible Public Facilities. “Developed Property” means a parcel for which a building permit has been issued. “Undeveloped Property” shall mean all other taxable property. Special Taxes may be levied on Undeveloped Property within an Improvement Area only after the issuance of bonds and only to the extent the annual debt service on the bonds, administrative expenses, the delinquency rate for special taxes levied in the previous fiscal year wi thin the Improvement Area for all subsequent fiscal years in which the special taxes are levied, and the reserve fund replenishment amount is not able to be paid in full from Developed Property special taxes levied and collected within the applicable Improvement Area.
g. Any affordable housing units, rental units or non- residential land uses may, at Developer’s option, be exempted from special taxes of the District.

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Exhibit “1”

h. Full or partial prepayment of the special taxes shall be permitted. i. As permitted by the Goals and Policies, at Developer’s election at the time of submittal of its written request, the City shall allow the special taxes within an Improvement Area to escalate by two percent (2%) per year and debt service on the bonds to escalate at the same rate as the special tax escalation.

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Exhibit “2”

EXHIBIT “2”
REPLACES EXHIBIT “D” OF DEVELOPMENT AGREEMENT

SERENA PARK

DEVELOPMENT AGREEMENT PERFORMANCE SCHEDULE

DATE ACTIVITY NOTE
June 2025 Ready to record Phase lA Map 51
Lots

June 2025 Ready to Record Phase lB Map 29
Lots
Park built as part of
this phase
March2026 Ready to Record Phase 2 Map 61
Lots

September 2026 Ready to Record Phase 3A Map 57
Lots

January 2027 Ready to Record Phase 3B Map 31
Lots

May 2027 Ready to Record Phase 4A Map 43
Lots

May2027 Ready to Record Phase 3C Map 20
Lots

November 2027 Ready to Record Phase 4B Map 92
Lots

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ATTACHMENT #4
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55575.18145\42346803.1

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING SECTION 94.08.09 OF THE

PALM SPRINGS ZONING CODE AND APPROVING A

DEVELOPMENT AGREEMENT AMENDMENT WITH PS
COUNTRY CLUB, LLC, AND SERENA 386, LLC RELATED TO THE

SERENA PARK PROJECT PERFORMANCE SCHEDULE, THE

DEVELOPMENT AGREEMENT FEE PAYMENT AMOUNT AND

TIMEFRAME, THE PROPERTY MAINTENANCE AND SECURITY

OBLIGATIONS AND FINANCING OF PUBLIC IMPROVEMENTS

AND IMPACT FEES RELATED TO THE CONVERSION OF THE

FORMER PALM SPRINGS COUNTRY CLUB GOLF COURSE
INTO 386 RESIDENTIAL UNITS LOCATED NORTH OF VERONA

ROAD, EAST OF SUNRISE WAY AND SOUTHWEST OF THE
WHITEWATER RIVER WASH (CASE 5.1427 DA AMENDMENT).

City Attorney’s Summary

This Ordinance amends Section 94.08.09 of the City’s Zoning Code relating to an amendment to the Development Agreement with PS Country Club, LLC, to revise the performance schedule , modify the amounts and payment dates of the Development Agreement Fee, memorialize maintenance and security obligations, provide for community facility district financing and other minor revisions related to the Serena Park Project, which is 386 unit residential project proposed on 126-acres of land.

THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

A. PNG1, LLC and PS Country Club, LLC (“Applicant”) have filed an application (Case DA-2024-0002) with the City, pursuant to the Section 94.08.00 of the Zoning Code, for an Amendment to an approved Development Agreement (Case 5.15327 DA AMEND) for the Serena Park Project located on 126 acres of land formerly operated as the Palm Springs Golf Course within Sections 1 and 36, currently identified as APNs: 501-190-002, 501-190-011, 669- 480-027, 669- 590-066 (the “Project” also known as Serena Park).

Among other terms, the proposed Amendment (Case DA -2024-0002) provides an increased Development Agreement Fee (from balance owed of $2.5- million to $3.2 - million), a memorialized property maintenance obligation, a revised Performance Schedule and the City’s cooperation in forming a community facilities district (or similar) to assist with financing of infrastructure and development impact fees.

B. On September 7, 2016, the City Council held a public hearing on the Project and approved the following actions:

1. Adopted Resolution No. 24082, certifying an Environmental Impact Report for the Project
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Ordinance No. _______

2. Adopted Resolution No. 24083, approving a General Plan Amendment to modify land use designation from "Open Space - Parks/Recreation" to "Very Low Density Residential"

3. Adopted Resolution No. 24084, approving a Major Architectural Application (Case 5.1327, PDD-366/MAJ)

4. Adopted Resolution No. 24085 approving Tentative Tract Map 36691, and

5. Adopted Ordinance No. 1898 approving Planned Development District (PD- 366) in lieu of a change of zone
The approvals included Administrative Condition #13, which states:

Development Agreement
. Approval of these land use entitlement
applications is contingent upon the approval of a development agreement. The development agreement shall address the conversion of open space for development purposes, through in -kind replacement of open space, payment of in-lieu fees for the acquisition of open space, or replacement of open space through a density transfer, pursuant to Policy LU2.2 of the City of Palm Springs General Plan.

C. On July 19, 2017, the Council held a public hearing and approved a Development Agreement by Ordinance No. 1931 for the Project.

D. On October 17, 2018, in response to a request from the Applicant for a proposed revision to the Development Agreement related to the manner in which the Development Agreement Fee is required and paid, the Council held a public hearing and approved a proposed amendment to the Development Agreement.

E. The Development Agreement was recorded on March 14, 2019 with the County of Riverside Clerk.

F. On October 14, 2021, the City Council conditionally approved a Development Agreement Amendment for the Serena Park project by adopting Ordinance No. 2051.

This amendment revised the Performance Schedule for construction, modified the payment dates of the Development Agreement Fee, memorialized phasing of utility undergrounding and approved other minor revisions. Related to this Development Agreement Amendment (identified as the First Amended and Restated Development Agreement), the following occurred:

1. On November 1, 2021, PS Country Club, LLC remitted $500,000 of the Development Agreement Fee to the City.

2. On December 9, 2021, a Maintenance and Security Plan was accepted by the City Council.

3. On September 21, 2022, due to a failure to comply with the agreed upon the Performance Schedule and Maintenance and Security Plan, the City notified the owner of default of the terms of the First Amended and Restated Development Agreement. In response, the owner improved efforts to maintain the property, but has yet to commence construction and pay the remaining balance due ($2.5- million) of the Development Agreement Fee.

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Ordinance No. _______

G. A notice of a public hearing of the Planning Commission of the City of Palm Springs, California to consider the proposed amendment, Case DA-2024-0002, was given in accordance with applicable law, and on May 22, 20 24, the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the hearing on the proposed amendment, including but not limited to the staff report, and all written and oral testimony presented, and voted 6 to 0 to recommend approval to the City Council, subject to the following:

1. Modify proposed Development Agreement Amendment to include revisions to Maintenance/Security and Performance Schedule sections as follows:
a. Maintenance and Security (Section 4.04)

1. Specify that an initial clean-up of dead trees and tree limbs, trash and debris to be removed within one month of the new owner acquiring the property, to the satisfaction of staff.

2. Specify that an evaluation by qualified arborist of all on-site trees shall be conducted within one month of new owner acquiring the property, and removal of certain trees (i.e. invasive trees, such as Tamarisk) to occur within four months of new owner acquiring the property.

3. State dust control sealant may occur more frequently than annually, if deemed necessary by City after inspection.

4. State Developer is responsible for fixing any broken camera in a timely manner, but no longer than 7 days after notification from City. b. Performance Schedule (Exhibit 2)

1. Modify milestones from "Ready to record...lots" to "Record...lots" or other appropriate language.

2. Include milestone for improvement of Golden Sands Rd with sidewalk to mobile home park and to phase one of the project (which may be temporary) during Phase 1.

3. Include improvement of Park in Phase 1.

2. Recommend third access point for the project be provided.

H. A n otice of a public hearing of the City Council of the City of Palm Springs, California to consider the proposed A mendment, Case DA -2024-0002, was given in accordance with applicable law and on June 13, 2024, the City Council carefully reviewed and considered all of the evidence presented in connection with the hearing on the Amendment application, including but not limited to the staff report, all written and oral testimony presented.

I. The City Council determined that the Amendment associated with the Project is considered a “project” pursuant to the terms of the California Environmental Quality Act (“CEQA”).

J. T he City Council also found that no further environmental documentation, beyond the documentation prepared in conjunction with the EIR for the Project , is required because:

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Ordinance No. _______

1. T here are no substantial changes in the project that will require major revisions to the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

2. T here are no substantial changes with respect to the circumstances under which the project is being undertaken which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and

3. T here is no new information of substantial importance which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified showing that:
a. T he project will have one or more significant effects not discussed in the EIR;
b. S ignificant effects previously examined will be substantially more severe than shown in the EIR;
c. M itigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but those mitigation measures or alternatives have not been adopted; or
d. M itigation measures or alternatives considerably different from those analyzed in the EIR would substantially reduce one or more significant effects on the environment, but the mitigation measures or alternatives have not been adopted.
(Public Resources Code section 21166; CEQA Guidelines section 15162.)

K. The City Council also found that the Amendment complies with the provisions of Palm Springs Zoning Code Section 94.08.00, as follows:

1. The development agreement is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan.

The Land Use Element of the General Plan identifies the project site as “Very Low Density Residential,” which permits a density of 2.1 to 4.0 dwelling units permit acre. The Serena Park project entitlements remain consistent with this designation and provide for 386 residential dwellings over a 126- acres of land (or roughly 3 dwelling units per acre), and the requested revisions to the Amended Development Agreement will provide revised terms for performance and financing timelines of project. It will not alter previously approved land uses or density. The modifications will not result in inconsistencies to any objectives, policies, general plan land uses or programs.

The development agreement is consistent with Policy LU2.2 of the C ity of Palm Springs General Plan
a because the development agreement fee can be used by

a LU2.2 provides, “Projects that propose to convert open space areas that are designated “Open Space – Parks/Recreation” to developable areas (for residential, commercial, etc.) must either offer in -kind replacement of Item 2B - Page 35
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Ordinance No. _______

the City of Palm Springs for the acquisition and/or preservation of open space.

2. The development agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located.

The uses will not be affected by the proposed amendment. The Development Agreement remains the same for the subject property and permits 386 residential units, streets, and park space.

3. The development agreement is in conformity with public convenience, general welfare and good land use practice.

The Development Agreement remains consistent with the previously approved entitlements, which will allow attached and detached residential units that are compatible with adjacent and surrounding residential developments in the vicinity. The proposed amendment will memorialize maintenance and security measures to improve the general welfare of adjacent residents.

4. The development agreement will not be detrimental to the health, safety and general welfare.

The proposed amendment to the Development Agreement will establish new terms for the Performance Schedule, payment of the Development Agreement Fee and memorialize obligations for site maintenance and security. The project benefits will still occur, including removal of blight and improvement of park space.

Therefore, the development agreement is not anticipated to be detrimental to the health, safety and general welfare.

5. The development agreement will not adversely affect the orderly development of property or the preservation of property values.

The agreement will permit orderly development of single- story homes in a density that is compatible with surrounding development patterns. The proposed amendment will only affect the time in which said development occurs, which is not anticipated to adversely affect the preservation of property values.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1.

T he findings and determinations reflected above are all true and correct and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Ordinance.

such open space elsewhere in the City, make payment of in-lieu fees, or replace the converted open space through the use of density transfer.”
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Ordinance No. _______

Section 2. T he Final EIR for the Project is the controlling environmental document for the Council’s consideration of the Amendment to the Development Agreement.

Section 3. In accordance with Section 94.08.00 of the Palm Springs Zoning Code, the City Council hereby approves the Amendment to the Development Agreement, including the requested revisions to the Performance Schedule; the proposed increase to and revised payment schedule of the Development Agreement Fee; a memorialized property maintenance and security obligation; and the City’s cooperation in forming a community facilities district (or similar) to assist with financing of infrastructure and development impact fees.

Section 4
. The City Council authorizes the City Manager to execute the Amendment to the Development Agreement between the City of Palm Springs , PS Country Club, LLC and PNG 1, LLC (or its subsidiary, including Serena 386, LLC) in a form substantially similar to that attached to this Ordinance, and incorporated by this reference herein as EXHIBIT “A,” and to take all steps necessary to complete its recordation.

Section 5.

Palm Springs Zoning Code Section 94.08.09 is hereby amended by adding a new subdivision (A)(5) to read as follows:

“5. Amendment to Development Agreement. In 202 4, the City Council approved a First Amendment to the First Amended and Restated Development Agreement, which included modifying the Performance Schedule; increasing the amount due and revising the payment schedule of the Development Agreement Fee; memorializing property maintenance and security obligations; and the City’s cooperation in forming a community facilities district (or similar) to assist with financing of infrastructure and development impact fees, as set forth more specifically in the executed First A mendment to the First Amended and Restated Development Agreement on file with the City Clerk.”

Section 6.

The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.

ADOPTED THIS ____ DAY OF ______, 2024.

__
Jeffrey Bernstein, Mayor
ATTEST:

Brenda Pree, City Clerk
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Ordinance No. _______

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, Brenda Pree, City Clerk of the City of Palm Springs, hereby certify that Ordinance No. _____ is a full, true and correct copy, and was duly introduced at a regular meeting of the City Council of the City of Palm Springs on ___________, 2024, and adopted at a regular meeting of the City Council of the City of Palm Springs on _____________, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Brenda Pree, City Clerk
City of Palm Springs, California

Item 2B - Page 38

ATTACHMENT #5
Item 2B - Page 39
April 25, 2024

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

Re: Serena Park DA Amendment
Justification Letter

Dear Christopher:

This letter shall constitute the justification for the FIRST AMENDMENT TO FIRST

AMENDED AND RESTATED DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF PALM SPRINGS AND PS COUNTRY CLUB, LLC.

On July 26, 2017, the City of Palm Springs (“City”) approved Ordinance No. 1931, approving the Development Agreement (“DA”) for the Serena Park project , Case No. 5.1327 (“Project”). The DA was subsequently amended on October 17, 2018 to revise the security specified in the DA. The DA was subsequently recorded as amended on March 14, 2019.

On October 14, 2021, the City approved the FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT by Ordinance No. 2051 which allowed the Project to pay $500,000 of the DA fee by November 1, 2021 with balance of the DA fee of $2,500,000 due by November 1, 2022. The Project paid the $500,000 due by November 1, 2021 but subsequently failed to pay the balance of the DA fee due on November 1, 2022. With the failure to pay the balance of the DA fee, the City has considered the Developer to be in default of the DA.

The Developer has entered into escrow with PNG1, LLC (“SunCal”) for SunCal to acquire the Project. SunCal cannot acquire the Project while the DA is considered in default. SunCal and City staff have negotiated a proposed amendment to the DA to allow Sun Cal to acquire the Project and provide a reasonable time frame to pay the DA to the City. Significantly, the proposed amendment increases the DA fee to the City by $700,000, a nearly 25% increase.

The DA Amendment will provide both SunCal and the City a path forward to begin construction of the homes and ultimately the completion of the Project. Should you need further justification for the DA Amendment, please let me know.

Cordially,

Robert A. Bernheimer
45-025 Manitou Drive, Suite 3 - Indian Wells, CA 92210
Phone 760.360.7666 Fax 760.262.3957
[email protected]

Item 2B - Page 40
Serena Park "Ready to Record"
Rob Bernheimer <[email protected]>
Thu 5/30/2024 7:56 AM
To: David Newell <[email protected]>
Cc: Pappas Nicholas <[email protected]>; Bruce Elieff <[email protected]>; Fernando Dutra <[email protected]> 1 attachments (126 KB)
PastedGraphic-8.tiff;
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open aachments unless you are sure the content is safe.

Planning Commission Item 1 b. i. “Ready to Record”.

The DA Amendment includes a phasing plan that mirrors the phases in the approved tract map. In the DA Amendment, SunCal has commied to having final maps for each phase “Ready to Record” by the dates specified in Exhibit “2”. The Planning Commission suggested that those maps be recorded by those dates. The recording of final maps requires payment of all development impact fees and posng all bonds necessary for that phase.

These expenses can only be paid immediately prior to construcon. Under current market condions, SunCal ancipates selling phases to home builders that will then be recording maps pursuant to this schedule. However, the market ulmately dictates the ming of construcon. Therefore, this amendment guarantees that each phase will be “shovel ready” on the dates specified but allows flexibility depending on market condions. This is exactly what SunCal is doing in the Escena project in Palm Springs. The 1st map has already been recorded for that project. SunCal cannot agree to deadlines for map recordings as this would potenally cause a default if market condions change. We are hopeful the City recognizes the experience, financial resources and track record of success that SunCal brings to this project. This issue was discussed with staff at the very beginning of SunCal’s interest in this property and SunCal’s posion has been consistent throughout this process.

Rob Bernheimer
[email protected]
45025 Manitou Drive, Suite 3
Indian Wells, CA 92210
(760) 360-7666 office
(760) 831-5455 mobile
Item 2B - Page 41

ATTACHMENT #6
Item 2B - Page 42

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)
(Revised 05/16/19)

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)

Who Must File?

Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials . Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City’s board or commissions.

Why Must I File?

The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City ’s Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City’s interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with a beneficial ownership interest of five percent (5%) or more.

When Must I File?

You must file this form with the Office of the City Clerk, or designee, at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.

What Must I Disclose?

A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).

Note: (1) you must make these disclosures in relation to the applicant entity, and also in relation to any related entity that owns a part of, or makes a profit based upon the business of the applicant entity. Disclosures may include parent, subsidiary or affiliated entities of the applicant entity; (2) if any entity that is not a natural person serves as the applicant entity (e.g. as a member of the applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed.

B. The names of persons owning a beneficial interest of five percent (5%) or more in your entity, Owners/investors who have such an interest hold either investment power or voting power, i.e., they can (i) sell or transfer their interest, or (ii) vote their interest in management decisions.

NOTE: USE ADDITIONAL PAGES AS NECESSARY

What if I Have Questions?

If you have any questions about how to complete this form, please contact the Office of the City Clerk, (760) 323-8206, [email protected].

Item 2B - Page 43

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 05/16/19)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

4. State where Entity is Registered with Secretary of State

If other than California, is the Entity also registered in California?  Yes  No

5. Type of Entity

 Corporation  Limited Liability Company  Partnership  Trust  Other (please specify)

6. Officers, Directors, Members, Managers , Trustees, Other Fiduc iaries (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 ____________________________________

Serena 386, LLC
3080 Bristol Street, Suite 630, Costa Mesa, CA 92626
--
California
■
Suncal Serena, LLC
■
■
SP Serena Park LLC
■
See Section 6 Supplement Attached
Item 2B - Page 44
i
7 CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 05/16/19)

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

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

See Section 7 Supplement Attached
J Randolph Poag - authorized signatory
May 29, 2024
Item 2B - Page 45
305853_2
City of Palm Springs – Public Integrity Disclosure – Applicant Disclosure Form Serena 386, LLC
Section 6 Supplement – Business Entity Disclosure
Suncal Serena, LLC (15% managing member of Serena 386, LLC x PNG1, LLC (sole member)
o Kendra Elieff (manager and sole member)
o Jeffrey Benice (manager)
o J. Randolph Poag (manager)
SP Serena Park LLC (85% member of Serena 386, LLC)
x SP Serena Parent LLC (sole member and manager)
o Silverpeak Co-Invest LLC (sole member/manager)
ƒ Non-Member Managers: Brett Bossung and Mark Walsh
ƒ AD SP Holdings LLC (5% member)
x Arash Dilmanian (sole99% member/manager)
ƒ Silverpeak Capital V LLC (82.55% member/manager)
x Silverpeak Capital Holdings LLC (66.67% member/manager) o Silverpeak Capital LLC (sole member/manager)
ƒ Brett Bossung and Kenneth Bossung (50%
beneficial members)
ƒ Mark Walsh and Lisa Walsh (50% beneficial
members)
x V ARK Investments LLC (33.33% member)
o Kaushik Amin (manager / 65.3949% direct & beneficial
member)
o Rosebud Elijah (34.6051% direct & beneficial member)
ƒ No other member has 5% or more interest
Section 7 Supplement – Natural persons with beneficial financial interest in Serena 386, LLC Name Percentage of beneficial interest and name of entity A. Kendra Elieff 100% PNG1, LLC
B. Kaushik Amin 65.3939% V ARK Investments LLC
C. Rosebud Elijah 34.6051% V ARK Investments LLC
D. Brett Bossung 50% Silverpeak Capital LLC (with Kenneth) E. Kenneth Bossung
F. Mark Walsh 50% Silverpeak Capital LLC (with Lisa)
G. Lisa Walsh
H. Arash Dilmanian 99% AD SP Holdings LLC
Item 2B - Page 46
Item 2B - Page 47

1. 2.

3. 4.

5. PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Name of Entity
f'~ C,ov\Jl12-'f C::,LVr, LLG
Address of Entity (Principle Place of Business)
!2oo }-Jo. 'Bu,d~. L£G A,.._~,.., 1~ vft?oU
Local or Callfdrnia· Address (if different than #2)
f O 'Bo')(. I Z?
?ot\1.1 '? CA q z.oG<>C.,::,
State where Entity is Registered with Secretary of State C,b.t.,t~i-) I ,A
If other than California, is the Entity also reaistered in California? n Yes n No Type of Entity
 Corporation mumited 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 E; ('\ c,., T1J1or D Officer D Director jg Member L8f Manager e]
'3~1.'\ f Co;.,..

Mi?\~
D General Partner D Limited Partner
Other
~a\/-e/1,1,\ D Officer D Director ~Member Qa'Manager
[name]
D General Partner D Limited Partner
Other
+h:l Vt½"'i m D Officer D Director ~ember ll2J Manager
[name]
D General Partner D Limited Partner
Other

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 05/16/19)
Item 2B - Page 48

7. Owners/Investors with a 5% beneficial interest in the Annlicant Entitv or a related entitv

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
A. ~(C T~\ov 1o¾
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
B. 'A , I k-ew \-\'.av~ 50/4 i V~\'
[name of owner/investor] (percentage of beneficial interest in entity . and name of entity]
C.
~rlt:>'Z- tr-\o:11,e.,.,.._ 85¼
[name of owner/investor] [percentage of beneficial interest in entity and name of entitv]
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.
g Party, Printed Name, Title Date

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

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

ATTACHMENT #7
Item 2B - Page 49
Item 2B - Page 50
RECORDING REQU ESTED BY:

CITY OF PALM SPRINGS
2024-0130895
05 / 06 / 2024 11 : 52 AM Fe e : $ 0 . 00
Pa g e 1 of 3 3
Reco rde d i n Off i cial Rec o r ds
Count y o f Riverside
Pe t e r Aldan a
AND WHEN RECORDED MAIL TO:
i1i1lf ~~i~bj~{iillr.11111

CITY OF PALM SPRINGS

OFFICE OF THE CITY CLERK
3200 E. TAHQUITZ CANYON WAY
PALM SPRINGS, CA 92262

SPACE ABOVE FOR RECORDER 'S USE ONLY
Pursuant to Governme nt Code Section 6103, recording fees shall not apply

1.2.19 FIRST AMENDED AND RESTATED

DEVELOPMENT AGREEMENT BY AND BETWEEN

CITY OF PALM SPRINGS
AND

PS COUNTRY CLUB, LLC,

A CALIFORNIA LIMITED LIABILITY COMPANY
FOR

SERENA PARK PROJECT
CASE NO. 5.1327, PDD-366 , TTM36691
Title of Document

THIS AREA FOR

RECORDER'S

USE ONLY
Item 2B - Page 51

FIRST AMENDED AND

RESTATED

DEVELOPMENT AGREEMENT
THIS FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT (this "Agreement" or "Development Agreement ") is entered into by and between the City of Palm Springs, a California Charter City and municipal corporation, ("City"), and PS Country Club, LLC, a California Limited Liability Company ("Developer''), pursuant to Californ ia Government Code § 65864 et seq.

RECITALS
A. Developmen t Agreement Statute. To strengthen the public planning process , encourage private participation in comprehensive planning , and reduce the economic risk of development , the Legislature of the State of California has enacted California Government Code § 65864 et seq. (the "Development Agreement Statute"), which authorizes City to enter into an agreement with any person having a legal or equitable interest in real property regarding the development of such property. This Development Agree ment has been processed, considered, and executed in accordance with the procedures and requirements as set forth in the Development Agreement Statute.

B. City Ordinance . Pursuant to Government Code section 65865(c), City has adopted Ord. 1829 § 3, 2013; Ord. 1294, 1988 [PSMC § 94.08.00], that set forth rules and regulations establishing procedures and requirements for consideration of development agreements. The parties acknowledge :
a. This Agreement will assure adequate public facil ities at the time of development. b. This Agreement will assure development in accordance with City's land use policies and goals
c. This Agreement will provide for orderly growth consistent with the City's General Plan, and other public policies.
d. This Agreement is intended to provide certainty in the development approval process by vesting the permitted uses, densities and intensity of use with respect to the subject property.
e. The execution of this Agreement furthers the public health, safety and general welfare of the commun ity.
f. This Agreement will remove a nuisance situation and potential liability due to the blight at no cost to City.
g. This Agreement will protect residents and the City from the issues that typically accompany blighted areas.
h. This Agreement will allow development of a blighted area with appropriate housing and open space that is compatible with the surround ing neighborhoods. i. This Agreement will reduce potent ial trespasses and nuisances affecting adjacent neighborhoods.
2 Item 2B - Page 52
J. This Agreement will reduce air pollution by reason of a significant reduction in wind borne dust and sand to adjacent neighborhoods.
k. This Agreement will increase parkland in an underserved area of the City.

I. This Agreement will allow legal commitments by Developer over and above those allowed by state law and the Palm Springs Municipal Code requirements.

C. Description of the Project and Project Site. Developer represents and warrants that it has a legal interest in certain real property as legally described in Exhibit A attached hereto (the "Project Site"). The residential project on the Project Site, along with all related public and private improvements and obligations, is the "Project." D. Conversion of Open Space - Parks/Recreation Land. The Developer acknowledges the Project Site is currently designated as "Open Space - Parks/Recreation " in the City's adopted General Plan and is zoned as "Open Space" and is therefore subject to the City's Land Use Policy LU2.2 for the conversion of open space to developable areas. The Parties acknowledge the Developer shall cooperate with the City to secure the replacement of converted open space areas on the Project Site through the use of density transfer of property designated for residential development within the City.

E. Entitlements. Concurrent with the approval of this Agreement, City approved the following land use entitlements for the Project Site, which entitlements are also the subject of this Agreement:
a. General Plan Amendment: From "Open Space - Parks/Recreation" (OS-P/R) to Very Low Density Residential (VLDR) for the residential portions of the project. b. Planned Development District in lieu of Change of Zone: From "Open Space" (0, 0- 5) to Planned Development District (POD).
c. Tentative Tract Map: To subdivide the property into residential lots, privately owned common areas and a public park.
d. Major Architectural Approval: Conceptual architectural and landscape plans will be part of the preliminary POD.
e. Transfer of Density Agreement: To cooperate in the transfer of residential density from the other areas in the City including the Chino Cone Specific Plan to the Project Site consistent with the provisions of the City's General Plan and the Chino Cone Specific Plan at the ratio of 1.2 units for each unit removed from the Chino Cone.

The above Entitlements have been approved subject to various conditions and requirements with which Developer will be required to comply in order to develop the Project Site ("Conditions of Approval"). The approvals described above, including without limitation the Conditions of Approval as referenced in this Recital and this Agreement, are referred to herein as the "Entitlements" and have been reviewed and approved in accordance with the Municipal Code, California Environmental Quality Act, California Public Resources Code Section 21000 et seq. ("CEQA"), and all other 3 Item 2B - Page 53
applicable local, state, and federal laws and regulations. The Entitlements, Conditions of Approval , and this Agreement shall be collectively referred to as "the Project Approvals. "
F. Substantial Costs to Developer. Developer will incur substantial costs in order to comply with the Project Approvals and to construct the additional infrastructure improvements requested by the City to assure development of the Project Site in accordance with the terms of this Agreement.

G. Vesting of Rights. In exchange for the benefits to City described in the preceding Recitals, together with the other public benefits that will result from the development of the Project, Developer will receive by this Agreement assurance that it may proceed with the Project in accordance with the "Applicable Law" (defined below) and therefore desires to enter into this Agreement.

H. Planning Commission - Council Findings. The approval of this Agreement is made pursuant to findings by the Planning Commission and the Council that this Development Agreement:
a. Is consistent with the objectives , policies, general land uses and programs specified in the general plan and any applicable specific plan;
b. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located; c. Is in conformity with public convenience , general welfare and good land use practice;
d. Will not be detrimental to the health, safety and general welfare; e. Will not adversely affect the orderly development of property or the preservation of property values.

I. City Council Actions. City Council, after public hearings and extensive environmental analysis, approved the following entitlements:
a. By Resolution No. 24083, dated September 7, 2016, amended City's General Plan Land Use Designation for the subject property from "Open Space - Parks/Recreation" (OS-P/R) to Very Low Density Residential (LOR) for the residential portions of the project.
b. By Ordinance No. 1898, effective October 21 , 2016, conditionally adopted the Planned Development District in lieu of Change of Zone, changing the zoning from "Open Space" (0, 0-5) to the Planned Development District (PDD-366). c. By Resolution No. 24085, dated September 7, 2016, conditionally approving Tentative Tract Map 36691, to subdivide the property into residential lots, privately owned common areas, and a public park.
d. By Resolution No. 24083, dated September 7, 2016, conditionally approving Major Architectural Approval: Conceptual architectural and landscape plans.

J. Ordinance. On July 26, 2017, Council adopted Ordinance No. 1931 approving 4 Item 2B - Page 54
this Agreement and authorizing the City Manager to execute the Agreement and its concomitant Transfer of Density Agreement. The Ordinance was effective on August 25, 2017; a copy of the Ordinance is attached hereto as Exhibit B. On October 14, 2021 following a duly noticed public hearing, the City Council adopted Ordinance No. 2051, approving this First Amended and Restated Development Agreement and authorizing the City Manager to execute this Agreement.

AGREEMENT
NOW, THEREFORE , i n consideration of the promises, covenants, and provisions set forth herein, the receipt and adequacy of which is hereby acknowledged , the parties agree as follows:

ARTICLE 1. DEFINITIONS
o "Agreement" shall mean this First Amended and Restated Development Agreement by and between Developer and City, dated October 14, 2021. The original Development Agreement , dated Novembe r 1, 2018, was recorded . o "Applicable Law" shall have that meaning set forth in Section 7.03 of this Agreement. o "Changes in the Law" shall have that meaning set forth in Section 7.08 of this Agreement.
o "City" i s the City of Palm Springs , a California Charter City and municipal corporation.
o "Conditions of Approval " shall have that meaning set forth in Section 4.04 of this Agreement.
o "Default" shall have that meaning set forth in Section 11.01 of this Agreement. o "Default Notice" shall have that meaning set forth in Section 11.01 of this Agreement. o "Deficiencies" shall have that meaning set forth in Section 10.02 of this Agreement. "Development Agreement Statute" shall have that meaning set forth in Recital A of this Agreement.
o "Developer" is PS Country Club, LLC, a California Limited Liability Company. o "EIR" shall mean the Final Environmental Impact Report certified by City Council on September 7, 2016.
o "Entitlements" shall have that meaning set forth in Recital E of this Agreement. 5 Item 2B - Page 55
o "Effective Date" shall have that meaning set forth in Section 3.01 of this Agreement. o "Excusable Delay" shall have that meaning set forth in Section 11 .05 of this Agreement.
o "Force Majeure" shall have that meaning set forth in Section 11.05 of this Agreement.
o "Judgment" shall have that meaning set forth in Section 10.02 of this Agreement. o "Project" is defined above.
o "Project Approvals" shall have that meaning set forth in Recital E of this Agreement. o "Prompt Review" means review of all plans, specifications , and applications by Developer in accordance with Section 7.11, below.
o "Reasonable Progress " shall mean commercially reasonable efforts by Developer to achieve full build-out and completion of all executory obligations herein within ten years in accordance with Section 7.10, below.
o "Term" shall have that meaning set forth in Section 3.02 of this Agreement.

ARTICLE 2. INCORPORATION OF RECITALS.

Section 2.01. Recitals. The Recitals set forth above, the introductory paragraph preceding the Recitals, and all defined terms set forth in both, are hereby incorporated into this Agreement as if set forth herein in full.

ARTICLE 3. EFFECTIVE DATE AND TERM
Section 3.01. Effective Date. This Agreement became effective as of the date the City Council of City approved this Agreement , October 17, 2018 (the "Effective Date").

Section 3.02. Term. The term of this Agreement (the "Term") shall commence upon the Effective Date and continue for a period of twenty (20) years, unless the Term is terminated or modified as set forth in this Agreement or by mutual consent of the parties hereto.

ARTICLE 4. OBLIGATIONS OF DEVELOPER
Section 4.01. Obligations of Developer Generally. In consideration of City entering into this Agreement , Developer agrees that it will comply with this Agreement and with all Project Approvals. The parties acknowledge and agree that City's agreement to 6 Item 2B - Page 56
perform and abide by the covenants and obligations of City set forth in this Agreement is a material consideration for Developer's agreement to perform and abide by its long term covenants and obligations, as set forth herein. The Developer may discharge all of its obligation under the Agreement by agreeing to have all the property returned to an Open Space designation .

Section 4.02. Fees Paid by Developer. As a material consideration for the long term assurances and vested rights provided by this Agreement , Developer shall pay fees, exactions , and charges to City as set forth in the Project Approvals not to exceed the amounts specified in City Council adopted ordinances and resolutions as of the Effective Date ("City Fees"), per dwelling unit, structure , or improvement , for all fees and charges imposed by the City and payable no earlier than City's issuance of a building permit.

The amount of the City Fees will be adjusted on the fifth, tenth, and fifteenth annual anniversary of the Effective Date to reflect and equal the City's fees then in effect on each such anniversary. The term "City Fees" as used in this Section 4.02 for the purpose of limiting the ability of the City to increase certain fees, exactions, and charges does not include fees or charges required or otherwise assessed by any public agency other than the City or a fee or charge levied by the City to fund an enterprise account, including without limitation the City's Sewer Fund or Engineering plan check fees. The City Fees shall be adjusted to include credits against any and all park fees, including but not limited to, Quimby Fees pursuant to California Government Code §66477, included in the City Fees, for the costs of both land and improvements provided by the Developer to build the public park.

Section 4.03. Public benefits provided by Developer.
a. All conditions of approval of the Project adopted and accepted by the Developer. b. Reservation of lands for public use, owned and maintained by Developer or any successor HOA, in accordance with Exhibit C attached hereto. c. Construction of a portion of an alternate for the CV Link Trail from Verona Road and Whitewater Club Drive to Sunrise Way across development. d. Indemnification over and above the indemnification allowed under the Map Act. e. Payment of Development Agreement Fee over and above the fees referred to in paragraph 4.02, above, to be used by the City for acquisition of open space for the purposes of Developer 's compliance with the City's General Plan Land Use Policy

2.2 in generat ing land use density for the subject property. The Development Agreement Fee shall be Three Million Dollars ($3,000,000.00) paid to City, including Five Hundred Thousand Dollars ($500,000) due no later than November 1, 2021 and the remainder of Two Million, Five Hundred Thousand Dollars ($2,500,000) due no later than November 1, 2022. If development lots are sold to third-party builders or building permits are issued prior to one or more of those dates, the Development Agreement Fee shall be paid such that as construction of the Project occurs, and either (i) developed lots are sold to third-party builders, or (ii) building permits are issued for construction of residential dwelling units, the Developer shall pay to City a pro-rata portion of the unpaid principal at the time vacant lots are sold to third-party 7 Item 2B - Page 57
merchant builders or building permits are issued for construction of residential dwelling units. Each payment to the City shall take place within ten (10) business days of any sale of developed lots to a third-party builder, or concurrent with City issuance of a building permit. The pro-rata portion of the Development Agreement Fee shall be calculated as the total Development Agreement Fee divided by the total number of residential dwelling units ($3,000,000 / 386), for a per lot fee of $7,772.02.

By November 1, 2022, the entire unpaid principal on the Development Agreement Fee shall immediately become due and payable to the City. Failure to pay the initial Five Hundred Thousand Dollars ($500,000) by November 1, 2021 or the remainder of the Development Agreement Fee by November 1, 2022, shall constitute a default pursuant to Section 11.01 of this Agreement, whereupon, in addition to such other remedies otherwise available to the City, the City may, in its sole discretion, withhold issuance of building permits or other ministerial approvals related to the Project Site, until such default is adequately cured to the City's satisfaction. f. Conversion of a portion of Golden Sands Drive from a private to a public street to match the current and projected use patterns and more fairly apportion the burden of maintenance and liability from the Four Seasons HOA.
g. Developer will build and maintain a public park in the approximate location shown on Exhibit C. Prior to City acceptance of the Park improvements or final acceptance of any subdivision improvements for the Project, Developer shall assign all of its rights and obligations to the Homeowners' Association with responsibility over the Project to maintain the Park and to preserve public access to the Park in perpetuity.

Construction of the public park shall occur as part of Phase 1. h. Developer will provide 67 acres of open space within the development over and above City requirements and the Public Park.
i. Fixed development standards and enforceable commitments to the adjacent HOA's:
1) The maximum height of any buildings in the development shall be no higher than 19 feet;
2) Planting of landscape trees adjacent to existing homes shall be of species and spacing that minimize blocking of existing views;
3) New walls adjacent to any phase of the Whitewater Condominiums shall be built per the landscape exhibits in the Planned Development Permit prior to the commence ment of grading on any areas adjacent to that phase; 4) Property lines adjacent to Phases 1, 2, 3 and 5 of the Whitewater Condominiums shall be changed with lot line adjustments in accordance with the tentative map exhibits or as requested by the HOA of the adjoining phase prior to the recordation of any final map;
5) The connection of Francis Drive to the Property shall be for emergency access, only. A Knox-Box type gated entry control for police and fire services shall be provided;
8 Item 2B - Page 58
6) Four pedestrian gates shall be provided connecting the Whitewater Condominiums to the Property , one in Phase 1, one in Phase 3 and one on either side of Whitewater Club Drive near the entrance gates to the Whitewater Condo min iu ms;
7) A Knox-Box style gated entry for police and fire services shall be installed at the end of each of the cul de sacs adjacent to the entry road at Whitewater Club Drive;
8) Landscaping and Irrigation incorpo rating existing mature trees shall be provided in an eight foot wide landscape area on both sides of Whitewater Club Drive within the Property ;
9) A six foot high slumpstone wall shall be built eight feet behind the existing paved road on both sides of Whitewater Club Drive, except where pedestrian and emergency access gates are provided.
j. Securities submitted in conjunct ion with a Subdivision Improvement Agreemen t required with the City's approval of any final map shall include a contingency to assure that if the Developer fails to timely complete public improvements as provided under any subdivision agreement or allows any portion of the property to remain in a disturbed condition or in violation of any ordinance of the City regarding property maintenance for more than thirty (30) days after the expiration or terminat ion of any permit applicable to the affected property , the City may find the Developer to be in default in which case the default provisions of this Agreement , including notice provisions shall apply. In addition to whatever other remedies the City may have, the City may demand the Developer restore such property to a natural and safe condition and remove any fencing along or adjacent to such property. The City may use self-help upon refusal or non-compl iance by Developer.

This obligation may be secured through such other security as the Developer and City Manager may agree.

Section 4.04. Compliance with Project Conditions. In addition to any and all obligations contained in this Agreement , Developer shall comply with and fulfill any and all Conditions of Approval. The Development of the Project and Project Site shall be governed by the terms of the Conditions of Approval and this Agreement. The Conditions of Approval and this Agreement shall, to the fullest extent possible , be read and considered as fully integrated documents, and shall be interpreted so as to avoid inconsistencies , comply with all applicable federal and state laws and City Law, and ensure that the objectives of the parties will be fully realized.

In accordance with the Developer 's written request dated July 8, 2021, which is incorporated by reference herein, the City will accept a proposal to underground overhead utilities required by Project Conditions. Said utilities shall be installed underground prior to, and as a condition precedent to, the issuance of the first certificate of occupancy permit for Phase 3B.

Nothing in this Agreement is intended to supersede , terminate , modify or 9 Item 2B - Page 59
otherwise affect any provision of the Conditions of Approval, except to the extent that a provision of this Agreement is in direct conflict with a provision of such Condition of Approval. Then, and only in that event, the provisions of this Agreement shall prevail over the contradictory provisions of any such Condition of Approval. The execution of this Agreement by the parties hereto shall in no way otherwise affect the validity of any or all of the provisions of the Conditions of Approval.

ARTICLE 5. OBLIGATIONS OF CITY
In consideration of Developer entering into this Agreement , City agrees that it will comply with the terms and conditions of this Agreement. The parties acknowledge and agree that Developer 's agreement to perform and abide by its covenants and obligations set forth in this Agreement is a material consideration for the City's agreement to perform and abide by the long term covenants and obligations of the City, as set forth herein.

ARTICLE 6. COOPERATION - IMPLEMENTATION
The parties agree to cooperate in good faith to implement this Agreement.

ARTICLE 7. STANDARDS , LAWS AND PROCEDURES GOVERNING THE PROJECT Section 7.01. Vested Right to Develop. Developer shall have a vested right to build out the Project through the Term on the Project Site in accordance with the terms and conditions of the Project Approvals.

Section 7.02. Permitted Uses Vested by This Agreement. The permitted residential use of the Project Site, the density and intensity of use of the Project Site, the maximum height, bulk and size of proposed buildings, provisions for reservation or dedication of land for public purposes and the location of public improvements , the general location of public utilities, and other terms and conditions of development applicable to the Project, are set forth in the Project Approvals.

Section 7.03. Applicable Law. The rules, regulations, official policies, standards and specifications applicable to the Project (the "Applicable Law") shall be those set forth in the Project Approvals , and, with respect to matters not addressed by the Project Approvals, those rules, regulations, official policies, standards and specifications (including City ordinances and resolutions) governing permitted uses, building locations, timing of construction , densities, design, heights, fees, exactions, and taxes in force and effect on the Effective Date of this Agreement.

Section 7.04. Uniform Codes. City may apply to the Project Site, at any time during the Term, the then current Uniform building construction, fire or other codes, as the same may be adopted or amended from time to time by City, and City's then current design and construction standards for public improvements, as the same may be 10 Item 2B - Page 60
adopted or amended from time to time, provided any such uniform code or standard has been adopted and uniformly applied by City on a citywide basis, and provided that no such code or standard is adopted for the purpose of preventing or otherwise limiting construction of all or any part of the Project.

Section 7.05. No Conflicting Enactments. City shall not impose on the Project (whether by action of the City Council or by initiative, referendum or other means) any ordinance , resolution , rule, regulation, standard, directive, condition or other measure (each individually, a "City Law") that is in conflict with Applicable Law, or the Project Approvals, or that reduces the development rights or assurances provided by this Agreement with respect to the Project. Without limiting the generality of the foregoing , such City Law may be allowed to address a significant public health or safety issue.

Without limiting the generality of the foregoing, any City Law shall be deemed to conflict with Applicable Law, or the Project Approvals , or reduce the development rights provided hereby if it would accompl ish any of the following results, either by specific reference to the Project or as part of a general enactment which applies to or affects the Project.

Approvals:
a. Change any land use designation or permitted use of the Project Site existing as of the Effective Date of this Agreement ;
b. Limit or control the availability of public utilities, services or facilities or any privileges or rights to public utilities, services, or facilities (for example, water rights, water connections or sewage capacity rights, sewer connections, etc.) for the Project, unless such limitation is necessary to address significant health and safety issues; c. Limit or control the location of buildings, structures, grading, or other improvements of the Project in a manner that is inconsistent with or more restrictive than the limitations included in the Project Approvals;
d. Limit or control the rate, timing, phasing or sequencing of the approval, development or construction of all or any part of the Project in any manner inconsistent with the Project Approvals;
e. Apply to the Project any City Law otherwise allowed by this Agreement that is not uniformly applied on a the citywide basis to all substantially similar types of development projects and project sites;
f. Result in Developer having to substantially delay construction of the Project or require the issuance of additional permits or approvals by the City other than those required by the Project Approvals or Applicable Law;
g. Substantially increase the cost of constructing or developing the Project or any 11 Item 2B - Page 61
portion thereof;
h. Establish , enact, increase, or impose against the Project or Project Site any fees, taxes (including without limitation general, special and excise taxes), assessments, liens or other monetary obligations other than those specifically permitted by this Agreement;
i. Impose against the Project any condition, dedication or other exaction not specifically authorized by the Project Approvals or Applicable Law; J. Grant any development right, entitlement or approval for any portion of the Property that will reduce, limit or encumber Developer's rights hereunder, or k. Unreasonably limit the timing, processing or procuring of applications and approvals.

If City attempts to apply to the Project a City Law that Developer believes to conflict with Applicable Law or the Project Approvals, Developer shall provide to City in writing a notice describing the legal and factual basis for Developer's position. The parties shall meet and confer within thirty (30) days after the date of such written notice with the objective of attempting to arrive at a mutually acceptable solution to this disagreement. If no mutually acceptable solution can be reached, either party may take such action as may be permitted under Section 11.08, below.

Section 7.06. Initiatives and Referenda.
a. To the maximum extent permitted by law, if any City Law is enacted or imposed by initiative or referendum, or by the City Council directly or indirectly in connection with any proposed initiative or referendum, which City Law would conflict with Applicable Law, or the Project Approvals or reduce the development rights provided by this Agreement, such City Law shall not apply to the Project. b. Without limiting the generality of any of the foregoing and to the maximum extent permitted by law, no moratorium or other limitation (whether relating to the rate, timing, phasing or sequencing of development) affecting building permits or other entitlements to which Developer is entitled pursuant to the Project Approvals shali apply to the Project.
c. To the maximum extent permitted by law, City shall take reasonable actions to prevent any City Law from invalidating or prevailing over all or any part of this Agreement, and City shall cooperate with Developer and shall undertake such reasonable actions as may be necessary to ensure this Agreement remains in full force and effect.
d. City shall not support, adopt or enact any City Law, or take any other action which would violate the express provisions or spirit and intent of this Agreement or the Project Approvals.
12 Item 2B - Page 62
e. Developer reserves the right to challenge in court any City Law that is enacted after the Effective Date of this Agreement that would conflict with Applicable Law or this Agreement or reduce the development rights provided by this Agreement.

Section 7.07. Environmental Mitigation. The parties understand that the EIR was intended to be used in connection with all of the Project Approvals needed for the Project.

Section 7.08. State and Federal Law. As provided in California Government Code§ 65869.5, this Agreement shall not preclude the application to the Project of changes in laws, regulations, plans or policies, to the extent that such changes are specifically mandated and required by changes in state or federal laws or regulations, or by any regional governmental agency that, due to the operation of state law, has binding legal authority on City ("Changes in the Law"). In the event Changes in the Law prevent or preclude compliance with one or more provisions of this Agreement , such provisions of the Agreement shall be modified or suspended, or performance thereof delayed, as may be necessary to comply with Changes in the Law, and City and Developer shall take such action as may be required pursuant to this Agreement including, without limitation, Article 10 (Cooperation-Implementation) and Section 11.05 (Force Majeure and Excusable Delays; Extension of Time of Performance). Not in limitation of the foregoing, nothing in this Agreement shall preclude City from imposing on Developer any fee specifically mandated and required by state or federal laws and regulations, provided that nothing shall limit Developer's ability to challenge such laws and the imposition of such fees.

Section 7.09. Timing of Project Construction and Completion. a. Project Timing. The parties acknowledge that Developer cannot predict the timing, rate, order or actual timing with certainty. The timing, order and rate of development shall be in Developer's sole discretion , except as otherwise provided in the Project Approvals.
b. In light of the foregoing, the parties agree that Developer shall be able to develop in accordance with Developer's own time schedule as such schedule may exist from time to time. In particular, and not in limitation of any of the foregoing, since the California Supreme Court held in Pardee Construction Co. v. the City of Camarillo, 37 Cal.3d 465 (1984), that the failure of the parties therein to consider and expressly provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the parties' desire to avoid that result by acknowledging that Developer shall have the right to develop the Project at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgment, provided that such schedule is consistent with this Agreement.
c. The Developer shall use its best efforts to meet the Agreed Proposed Schedule 13 Item 2B - Page 63
attached hereto as Exhibit "D".

Section 7.10. Annual Review. City shall, at least every twelve (12) months during the term of this Agreement , review the extent of good faith substantial compliance by Developer and Landowner with the terms of this Agreement. The review may specifically include a review of whether Developer is making Reasonable Progress. To assess such progress, the City Planning Director may require at any time subsequent to the execution of this Agreement , and as frequently as annually thereafter , a development planned schedule showing a ten-year (or less) completion schedule. Reasonable Progress shall take into account market conditions, commercial realities, the sensitivities of adjacent residents and prudent construction practices. Reasonable Progress is expressly subject to City's obligation of Prompt Review specified in Section 7.11 , below.

City may charge fees as necessary to cover the costs of conducting the annual review.

Such periodic review shall be limited in scope to compliance with the terms of this Agreement pursuant to California Government Code Section 65865.1. Said review shall be diligently completed. Notice of such annual review shall include the statement that any review may result in amendment or termination of this Agreement. A finding by City of good faith compliance by Developer and Landowner with the terms of the Agreement shall conclusively determine said issue up to and including the date of said review. City shall deposit in the mail or fax to Developer and/or Landowner a copy of all staff reports and, to the extent practical, related exhibits concerning contract performance at least seven (7) calendar days prior to such periodic review. Developer or Landowner shall be permitted an opportunity to be heard orally or in writing regarding its performance under this Agreement before the City Council and, if the matter is referred to a City Planning Commission, before said Commission
Section 7.11 Prompt Review by the City. City and Developer shall cooperate and use commercially reasonable efforts to timely review and approve the development design review process, building plan review process, improvement plan review process , and if necessary , the entitlement review process for the residential and other developments to be located within the Project. Review of any application provided by this subparagraph shall not be deemed to waive any of the Applicable Law pertaining to review or approval of such application , including, but not limited to, a public hearing, if any, required therefore . In the event the Parties agree to use an expedited process to perform any review pursuant to this subparagraph, Developer authorizes the imposition of City Fees paid to the City sufficient to cover City's estimated costs of utilizing City staff, retaining an outside consultant or any combination thereof in order to expedite the review process. Any such process shall terminate upon the expiration or termination of this Agreement or the issuance of the final certificate of occupancy for development within the Project, whichever occurs first.

Section 7.12. Exempting Fees Imposed by Outside Agencies. Except as specified in 7.08, above, City agrees to exclude Developer from any and all collection agreements regarding fees, including, but not limited to, development impact fees which other public agencies or responsible agencies request City to impose at City's discretion on the Project or the Project Site after the Effective Date through the Term of this Agreement, 14 Item 2B - Page 64
provided, however, that Developer will not be exempted from fees included in the Project Approvals.

ARTICLE 8. AMENDMENT
This Agreement may be amended from time to time, in whole or in part, by mutual written consent of the parties hereto or their successors in interest, in accordance with the Development Agreement Statute.

ARTICLE 9. ASSIGNMENT , TRANSFER AND NOTICE
Section 9.01. Assignment of Interests. Rights and Obligations. Developer may only transfer or assign all or any portion of its interests, rights or obligations under the Project Approvals to another person or entity acquiring an interest or estate in the Project or any portion thereof including, without limitation, purchasers or ground lessees of lots, parcels or facilities that accepts all of the then-applicable responsibilities of the Developer.

Section 9.02. Limits of Liability. To the extent the Developer's responsibilities are transferred in good faith to another person or entity, Developer shall be free from any and all liabilities accruing on or after the date of any assignment or transfer with respect to those obligations assumed by a transferee pursuant to a Transfer Agreement. No breach or default hereunder by any person succeeding to any portion of Developer's obligations under this Agreement shall be attributed to Developer, nor may Developer's rights hereunder be canceled or diminished in any way by any breach or default by any such person.

ARTICLE 10. COOPERATION IN THE EVENT OF LEGAL CHALLENGE Section 10.01. Cooperation.
a. In the event of any administrative , legal or equitable action or other proceeding instituted by any person not a party to this Agreement challenging the validity of any provision of the Agreement or any Project Approval, the parties shall cooperate in defending such action or proceeding. The parties shall use best efforts to select mutually agreeable legal counsel to defend such action, and Developer shall pay compensation for such legal counsel; provided, however, that such compensation shall include only compensation paid to counsel not otherwise employed as City staff and shall exclude, without limitation, City Attorney time and overhead costs and other City staff overhead costs and normal day-to-day business expenses incurred by City. In the event City and Developer are unable to select mutually agreeable legal counsel to defend such action or proceeding, each party may select its own legal counsel.
b. The parties agree that this Section 10.01 shall constitute a separate agreement entered into concurrently , and that if any other provision of this Agreement , or the Agreement as a whole, is invalidated , rendered null, or set aside by a court of competent jurisdiction , the parties agree to be bound by the terms of this section, 15 Item 2B - Page 65
which shall survive such invalidation , nullification or setting aside.

Section 10.02. Waiver of Challenges to Project Approvals. a. As a condition precedent to receiving the benefits of this Agreement, Developer, its successors in interest, transferees , assignees, etc., expressly waive any legal or equitable right to challenge any Project Approvals or other act, entitlement , fee, or approval expressly set forth in this Agreement, including without limitation, all acts of protest pursuant to California Government Code Sections 66008 and 66009 as to any fee against which Developer has vested in accordance with this Agreement. b. The parties agree that this Section 10.03(b) shall constitute a separate agreement entered into concurrently , and that if any other provision of this Agreement, or the Agreement as a whole, is invalidated, rendered null, or set aside by a court of competent jurisdiction, the parties agree to be bound by the terms of this section, which shall survive such invalidation , nullification or setting aside.

ARTICLE 11. DEFAULT; REMEDIES; TERMINATION
Section 11.01. Defaults. Any failure by either party to perform any term or provision of this Agreement, which failure continues uncured for a period of thirty (30) days following written notice of such failure from the other party (unless such period is extended by mutual written consent), shall constitute a default under this Agreement ("Default"). Any notice given pursuant to the preceding sentence ("Default Notice") shall specify the nature of the alleged failure and, where appropriate, the manner in which said failure satisfactorily may be cured. If the nature of the alleged failure is such that it cannot reasonably be cured within such 30-day period, then the commencement of the cure within such time period, and the diligent prosecution to completion of the cure thereafter , shall be deemed to be a cure within such 30- day period. Upon the occurrence of a Default under this Agreement, the non-defaulting party may institute legal proceedings to enforce the terms of this Agreement or, in the event of a material Default, terminate this Agreement. If the Default is cured, then no Default shall exist and the noticing party shall take no further action.

Section 11.02. Enumerated City Rights and Remedies for Developer Default. City and Developer agree that notwithstanding any provision of this Agreement , in the event of any Default by Developer, the City, in addition and cumulative to all rights and remedies provided in this Agreement , shall have two (2) enumerated rights and remedies, each in an exercise of City's absolute discretion, enumerated in this Section

11.02. First, City may initiate and approve the Project Site's reversion to acreage in conformance with California Government Code, Title 7, Division 2, Chapter 6, Reversions and Exclusions (Sections 66499.11 through 66499.29) and Municipal Code, Title 9 Chapter 9.66 Reversions (Sections 9.66.010 through 9.66.110), unless City waives said Municipal Code provisions. Second, the City may take unilateral action to summarily abate any condition representing a nuisance at the Project Site or any portion 16 Item 2B - Page 66
thereof. City abatement pursuant to this Section 11.02 shall conform to to the "summary abatement" process reflected in Municipal Code Section 11.72.245, as that provision may be amended from time to time. The scope and nature of any City abatement hereunder shall be restoration of the Project Site, and any part thereof , to a natural and safe condition as determined, in an exercise of absolute discretion , by the City. The costs of the City's abatement shall be recoverable by the City pursuant to Municipal Code Chapter 11. 72.

Section 11.03. Termination. If City elects to consider terminating this Agreement due to a material Default of Developer , then City shall give a notice of intent to terminate this Agreement. City shall give written notice of termination of this Agreement to Developer by certified mail and this Agreement shall thereby be terminated sixty (60) days thereafter.

Section 11.04. Default by City or Developer. In the event that City or Developer defaults under the terms of this Agreement , the City or Developer shall have all rights and remedies provided herein or under law.

Section 11.05. Force Majeure and Excusable Delay; Extension of Time of Performance. In addition to specific provisions of this Agreement, neither party shall be deemed to be in Default where delays in performance or failures to perform are due to, and a necessary outcome of, war, insurrection , strikes or other labor disturbances , walk­ outs, riots, floods, earthquakes, fires, casualties, acts of God, restrictions imposed or mandated by other governmental entities (including new or supplemental environmental regulations) , enactment of conflicting state or federal laws or regulations, judicial decisions , or similar basis for excusable performance which is not within the reasonable control of the party to be excused (collectively "Force Majeure"). Litigation attacking the validity of this Agreement or any of the Project Approvals, or any permit, ordinance , entitlement or other action of a governmental agency other than City necessary for the development of the Project pursuant to this Agreement , shall also be deemed to create an excusable delay as to Developer (collectively "Excusable Delay"). The party whose performance is prevented or delayed by such event of Force Majeure or Excusable Delay shall give prompt written notice thereof to the other party and both parties shall have agreed that performance is appropriately excused or delayed pursuant to this Section 11.05 In the event of Force Majeure or Excusable Delay, the parties shall memorialize in writing the extension of time for the performance of any obligation whose performance has been so prevented or delayed. The term of any such extension shall be equal to the period of the Excusable Delay or Force Majeure or such other period as may be mutually agreed upon by both parties.

Section 11.06. Legal Action. Either party may, in addition to any other rights or remedies , institute legal action to cure, correct, or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation thereof, recover damages for any default, enforce by specific performance the obligations and rights of the parties hereto, or to obtain any remedies consistent with the purpose of this Agreement.
17 Item 2B - Page 67
Section 11.07. California Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. Venue for any action shall be in Riverside County, California.

Section 11.08. Resolution of Disputes. With regard to any dispute involving development of the Project, the resolution of which is not provided for by this Agreement or Applicable Law, Developer and City shall, at the request of the party, meet and shall attempt in good faith to resolve any such disputes. Nothing in this Section 11 .08 shall in any way be interpreted as requiring that Developer and City and/or City's designee reach an agreement with regard to those matters being addressed , nor shall the outcome of these meetings be binding in any way on City or Developer unless expressly agreed to by the parties to such meetings.

Section 11.09. Attorneys ' Fees. In any legal action or other proceeding brought by either party to enforce or interpret a provision of this Agreement , each party shall bear its own costs and expenses, including attorneys' fees.

Section 11.10. Hold Harmless. Developer shall, at its sole expense, defend and hold City and its elected and appointed officers, agents, employees, and representatives harmless from all claims, costs, and liabilities for any personal injury, death, or property damage which arises directly or indirectly as a result of the construction of the Project, the Project Site, or of operations performed under this Agreement by Developer or by Developer's contractors , subcontractors , agents or employees, whether such operations were performed by Developer or any of Developer's contractors , subcontractors, agents, or by any one or more persons directly or indirectly employed by or acting as agent for Developer or any of Developer's contractors or subcontractors. Nothing in this section shall be construed to mean that Developer shall hold City harmless from any claims of personal injury, death or property damage arising from, or alleged to arise solely from, any negligent or intentional act, or failure to act, on the part of City, its elected and appointed representatives , officers, agents and employees.

This hold harmless agreement applies to all damages or claims for damages suffered or alleged to have been suffered by reason of the operations referred to in this section regardless of whether or not City prepared, supplied or approved plans or specifications , or both, for the Project and/or Project Site.

The parties agree that this Section 11. 10 shall constitute a separate agreement entered into concurrently , and that if any other provision of this Agreement, or the Agreement as a whole , is invalidated, rendered null, or set aside by a court of competent jurisdiction , the parties agree to be bound by the terms of this section, which shall survive such invalidation, nullification or setting aside.

ARTICLE 12. NO AGENCY, JOINT VENTURE OR PARTNERSHIP
It is specifically understood and agreed to by and between the parties hereto that: (i) 18 Item 2B - Page 68
the subject development is a private development; (ii) City has no interest or responsibilities for, or duty to, third parties concerning any improvements until such time, and only until such time, that City accepts the same pursuant to the provisions of this Agreement or in connection with the various Project Approvals ; (iii) Developer shall have full power over and exclusive control of the Project herein described , subject only to the limitations and obligations of Developer under this Agreement , the Project Approvals and Applicable Law; and (iv) City and Developer hereby renounce the existence of any form of agency relationship, joint venture or partnership between City and Developer and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between City and Developer.

ARTICLE 13. MISCELLANEOUS
Section 13.01. Enforceability. City and Developer agree that unless this Agreement is amended or terminated pursuant to the provisions of this Agreement , this Agreement shall be enforceable by any party hereto, notwithstanding any change hereafter enacted or adopted (whether by ordinance, resolution, initiative, or any other means) in any applicable general plan, specific plan, zoning ordinance , subdivision ordinance , or any other land use ordinance or building ordinance, resolution or other rule, regulation or policy adopted by City that changes, alters or amends the rules, regulations and policies applicable to the development of the Project Site at the time of the approval of this Agreement as provided by California Government Code Section 65866.

Section 13.02. Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this Agreement , or the application of this Agreement to other situations , shall continue in full force and effect unless amended or modified by mutual consent of the parties. Notwithstanding the foregoing, if any material provision of this Agreement, or the application of such provision to a particular situation, is held to be invalid, void or unenforceable, either City or Developer may (in their sole and absolute discretion) terminate this Agreement by providing written notice of such termination to the other party.

Section 13.03. Other Necessary Acts. Each party shall execute and deliver to the other all such other further instruments and documents as may be reasonably necessary to carry out the Project Approvals and to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder.

Section 13.04. Construction. Each reference in this Agreement to this Agreement or any of the Project Approvals shall be deemed to refer to the Agreement or the Project Approvals as they may be amended from time to time, whether or not the particular reference refers to such possible amendment. This Agreement has been reviewed and revised by legal counsel for both City and Developer, and no presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement.
19 Item 2B - Page 69
Section 13.05. Other Miscellaneous Terms. The singular shall include the plural; the masculine gender shall include the feminine; "shall" is mandatory; " may" is permissive. If there is more than one signer of this Agreement, the signer obligations are joint and several.

Section 13.06. Covenants Running with the Land. All of the provisions contained in this Agreement shall constitute covenants or servitudes which shall run with the land comprising the Project Site and the burdens and benefits hereof shall be binding upon and inure to the benefit of the parties and their respective heirs, successors in interest, transferees and assignees, representatives , lessees, and all other persons acquiring all or a portion of the Project or the Project Site, or any interest therein, whether by operation of law or in any manner whatsoever. All of the provisions contained in this Agreement shall be enforceable as equitable servitudes and shall constitute covenants running with the land pursuant to California law including, without limitation , Civil Code Section 1468.

Section 13.07. Notices. Any notice or communication required hereunder between City or Developer must be in writing, and may be given either personally , by facsimile (with original forwarded by regular U.S. Mail) by registered or certified mail (return receipt requested), or by Federal Express or other similar courier promising overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the party to whom it is addressed. If given by facsimile transmission , a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving party's facsimile machine.

Notices transmitted by facsimile after 5:00 p.rn. on a normal business day or on a Saturday , Sunday or holiday shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any party hereto may at any time, by giving ten ( 10) days written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below:

If to the City, to:

Scott Stiles
City Manager
3200 E. Tahquitz Canyon Way
20 Palm Springs, CA 92262
Fax: (760) 322-8362
Teresa.Gallavan@palmsprings -ca.gov
Item 2B - Page 70
With Copies to:

Jeffrey Ballinger
City Attorney
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Fax: (760) 323-8299
[email protected]
If to Developer, to:

Eric Taylor
Somis Investments
300 E. Esplanade, Suite 1785
Oxnard, CA 93036
Tel: 805-633-1037
Fax: 805-633-4523
[email protected]
With Copies to:

Mark C. Allen, Ill
The Claremont Land Group Attorneys
5861 Pine Avenue, Suite A-1
Chino Hills, CA 91709-6540
Tel: (909) 398-4404;
Fax: (909) 398-1883
(909) 333-5254 - Direct
[email protected]
Section 13.08. Entire Agreement, Counterparts and Exhibits. This Agreement is executed in duplicate, each of which is deemed to be an original. This Agreement consists of 21 pages and four exhibits which constitute in full, the final and exclusive understanding and agreement of the parties and supersedes all negotiations or previous agreements of the parties with respect to all or any part of the subject matter hereof.

Section 13.09. Waiver. Any waivers of the provisions of this Agreement or any breach of covenants or conditions contained in this Agreement shall be effective only if in writing and signed by the appropriate authorities of City and Developer. A waiver of one provision or breach shall not be considered as a continuing waiver, shall not constitute a waiver of any other conditions or covenants and shall not operate to bar or prevent the other party from declaring a forfeiture or exercising its rights for any succeeding breach of either the same or other condition or covenant.

Section 13.10. Recordation of Development Agreement. No later than ten (10) days after City enters into this Agreement, the City Clerk shall record an executed copy of this 21 Item 2B - Page 71
Agreement in the Official Records of the County of Riverside.

Section 13.11. No Third Party Beneficiaries. No person or entity shall be deemed to be a third party beneficiary hereof and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than City and Developer, any rights, remedies, obligations or liabilities under or by reason of this Agreement.

Section 13.12. Titles of Parts and Sections. Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of this Agreement's provisions.

Section 13.13. Discretion of City. City's execution of this Agreement in no way limits the discretion of City in the permit or approval process in connection with any site plan approvals, subsequent entitlements, land use decisions, construction or improvements which are within City's jurisdiction, except to the extent expressly and unequivocally stated herein.

Section 13.14. Representations of Authority. As to each person signing this Agreement on behalf of an entity, all necessary legal prerequisites to that party's execution of this Agreement have been satisfied and he or she has been authorized to sign this Agreement and bind the party on whose behalf he or she signs. [SIGNATURES ON NEXT PAGE]
22 Item 2B - Page 72
IN WITNESS WHEREOF, the City of Palm Springs California, a California Charter City and municipal corporation, has authorized the execution of this Development Agreement in duplicate by its City Manager and attestation by its City Clerk, and approved by the Council of the City on the 17th day of October, 2018, and amended by City Council Ordinance No. 2051 , and Developer has caused this Agreement to be executed by its authorized representative.

Date: .;-/2/zfl --7-rL;L-------,,...._ _______ _
APPROVED AS TO FORM:

By: _ c/_ .,,,._~~""-----:j,4_ /::;....,.~,-:=;------J~ ~6firrefer City Attorney
APPROVED BY CITY COUNCIL:
"CITY"
City of Palm Springs
By: k/4/
Scott Stiles
City Manager
ATTEST
By: lt!l~ , 0
Brenda Pree
City Clerk
I 11,,~-i-l 1-t tf'I\ i. A
Date: ~ ~0 Agreement No. ft 7251
Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.
"DEVELOPER"
Palm Springs Country Club, LLC,
a California limited liability company
By
23 Item 2B - Page 73

EXHIBIT A

REAL PROPERTY DESCRIPTION
All that certain real property conveyed from Palm Springs Country Club Investors, LLC, a California limited liability company and Jeffrey G. Gomberg, a single man, to PS Country Club, LLC, a California limited liability company, by Grant Deed recorded March 6, 2013, as Document No. 2013-0111566, as further described herein:

All that certain real property situated In the County of Riverside, State of California, described as follows:

Parcel 1: {501-190-002, and a portion of 501-190-011)
The Northeast quarter of Section 1, Township 4 South, Range 4 East, San Bernardino Meridian, in the City of Palm Springs, County of Riverside, State of California, according to the official plat thereof.

Except any portion lying within the following subdivisions:

A. Desert Park Estates No. 10, as per map recorded in Book 33 Page 20 of Maps, in the office of the County Recorder of said County.

B. Ranch Country Club Estates No. 1, as per map recorded In Book 36, Page 64 of Maps, in the office of the County Recorder of said County.

C. Tract No. 4362, as per Map recorded in Book 70, Pages 89 and 90 of Maps, in the office of the County Recorder of said County.

D. Tract No. 4362-1, as per Map recorded in Book 81, Pages 29 and 30 of Maps, in the office of the County Recorder of said County.

E. Tract 9317, as per Map recorded in Book 91 , Pages 44 and 45 of Maps, in the office of the County Recorder of said County.

F. Tract 14029, as per Map recorded In Book 112, Pages 61and 62 of Maps, in the office of the County Recorder of said County.

Parcel 2: (a portion of 501-190-011)
Lot 1 of Ranch Country Estates No.1, in the City of Palm Springs, County of Riverside, State of California, as per map recorded in Book 36, Page 64, of Maps, in the office of the County Recorder of said County.

Exhibit "A"
Item 2B - Page 74
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of f< \VU S; J f., }
On 'YV\'t.J \ I }-.OZ...lf before me, -=--6=--..:....al'F~J\J....._!:--'~'-------"--'--E>=c___·•~,,____.A/.....,...-=..o-kt~ruef._p_u.b~h ....... 'c._ Dote Here Insert Name and ni,; bdhe Officer
personally appeared _ _ S~c_o~±-+~~O~iti~• /~e~5~--- ------ ------- Nome(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their author ized capacity(ies) , and that by his/her/their signature(s ) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Place Notary Seal and/or Stamp Above
I cert ify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and officia l seal.

Signature ~73~_s-, ___ ~~~--·----­
Signature of Notary Public

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: ______ ____ ______ ______,.,,.,,_ _________ _ Document Date : ____ _____ ________ _ _,, _ _
Signer(s) Other Than Named Above : _ ______ ......,,. _ __________ ____ _ Capacity(ies) Claimed by Signer(s)
Signer 's Name : - ---- ---- ------=--- Signer's Name: _______ _____ _  Corporate Officer - Title(s): ______ _  Corporate Officer - Title(s): _ _____ _  Partner -  Limited  Gene  Partner -  Limited  General  Individual D  Individual  Attorney in Fact
 Trustee  Trustee  Guardian or Conservator
 Other:  Other:

Signer is Representing : ________ _ _
©2019 National Notary Association
Item 2B - Page 75

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached , and not the truthfulness , accuracy , or
validity of that document.

State of California
County of Los Angeles
On APRIL 3, 2024 before me, Mark C. Glade Notary Public (insert name and title of the officer)
personally appeared MATTHEW HAVERIM
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
{Seal)
Item 2B - Page 76

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness , accuracy , or
validity of that document.

State of California
County of Los Angeles
on APRIL 3, 2024 before me, Mark C. Glade Notary Public (insert name and title of the officer)
personally appeared BEHROOZ HAVERIM
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under th laws of the State of California that the foregoing paragraph is true and correct.
(Seal)
MARK C. GLOOE
Notary Public • California
Los An~el~ County f
Commission# 2337965 -
My Comm. Expires Dec t8, 2024
Item 2B - Page 77
Parcel 3: (669-480-027)
Parcel 1 of that Lot Line Adjustment No. 02-12 recorded February 26, 2004 as Instrument No.2004-134481 of Official Records , described as follows:

A parcel of land, situated in the City of Palm Springs, County of Riverside, State of California, lying over a portion of the Southwest Quarter of Section 36, Township 3 South, Range 4 East, San Bernardino Base and Meridian, being more particularly described as follows :

Beginning at the South Quarter corner of said Section 36; Thence , along the North-South centerl ine of said Section 36, North 0°12'43" East 420.46 feet;
Thence , leaving said North-South centerline North 89°59'13" West 88.65 feet; Thence North 38°24'39" West 476.26 feet;
Thence North 47°46'07'' West 450.07 feet;
Thence North 61 °23'04" West 329.68 feet;
Thence North 28°04'13" West 200.02 feet;
Thence South 80°57'45" West 440.06 feet;
Thence South 75°05'43" West 318.05 feet;
Thence South 58°00'55" West 386.18 feet;
Thence South 5°14'30" East 769.65 feet to the Intersection of a line parallel to, and 554.00 feet Easterly , when measured at right angles, to the West line of said Section 36, with a line parallel to, and 300.00 feet Northerly, when measured at right angles, to the South line of said Section 36;
Thence , along said line parallel to the West line of said Section 36, South 00°15'30" West 300.00 feet, to the South line of said Section 36; Thence, along said South line of Section 36, South 89°45'52" East 2100.33 feet to the point of beginning.

Excepting therefrom that portion of said parcel of land being more particularly described as follows: ·
Commencing at the Southwest corner of said Section 36;
Thence , along the South line of said Section 36, South 89°45'52" East 814.00 feet; Thence, leaving said South line, parallel to the West line of said Section 36, North 0°15'30" East 300.00 feet to a line parallel to, and 300.00 feet Northerly of, said South line of Section 36 and the True Point of Beginning;
Thence , along said line parallel to the South line of Section 36, South 89°45'52" East 718.85 feet;
Thence , leaving said parallel line, South 89°35'48" East 417.44 feet; Thence South 88°10'53" East 316.61 feet;
Thence North 49°27'44" East 107 .85 feet;
Thence North 45°27'43" West 330.33 feet;
Thence North 82°49°28" West 18.54 feet;
Thence North 53°11'47" West 872.71 feet;
Thence South 74°57'13" West 528.72 feet;
Exhibit "A"
__J
Item 2B - Page 78
Thence South 0°08'38" West 30.73 feet;
Thence South 72°41'33" West 113.63 feet;
Thence South 3°29'01" East 610.32 feet to the True Point of Beginning.

Parcel 4: (669-590-066)
That portion of the South half of the Southeast quarter of Section 36, Township 3 South, Range 4 East, San Bernardino Meridian, in the City of Palm Springs, County of Riverside, State of California, according to the official plat thereof, described as follows:

Beginning at the Southwest corner of said South half of the Southeast quarter; Thence South 89°52'00" East, along the South line of said South half of the Southeast quarter , a distance of 240.00 feet;
Thence North 70°00'00" West, 105.00 feet;
Thence South 75°12'28" West, 59.03 feet;
Thence North 31 °00'00" West, a distance of 163.00 feet, to a point on the West line of said South half of the Southeast quarter;
Thence South 0°06'30" West, along said West line, a d istance of 160.00 feet to the Point of Beginning.

Exhi bit "A"
Item 2B - Page 79

EXHIBIT B
ORDINANCE NO. 1931 FOLLOWS THIS PAGE
Exhibit " B"
Item 2B - Page 80

EXHIBIT C

PUBLIC PARK
The Developer is obligated to provide a park, accessible to the public , and maintained by the Homeowners ' Association with responsibility over the Project. The specific Conditions of Approvals relative to the public park are listed below:

PLN 20. Park. A park shall be provided in accordance with the approved site plan, and shall be properly maintained by the HOA and accessible to the general public. The development agreement shall set forth the minimum maintenance obligations, the recreational amenities and improvements provided by the applicant, and the construction/completion schedule for the park.

PLN 24. Public Benefit. In accordance with adopted City Council policy, the following items shall be considered as public benefits:
e. Provision of a park, maintained by the HOA, and accessible to the general public; The public park has two areas "West " and "East" separated by the public "Spine Road".

The West area will include the following recreational amenities and improvements :
• Two (2) tennis courts;
• Shade grove of trees;
• Bicycle rack;
• 10 parking spaces;
• Meandering trail and landscaping extending to Verona Road.

The East area will include the following recreational amenities and improvements:
• Turf play area with tree shade, two play structures, 3' wrought iron fencing , shade canopies, poured in place rubber surfacing, drinking fountain, bench seating, trash cans , and associated amenities;
• A restroom building providing two unisex ADA accessible restrooms; • Bicycle parking;
• Eight parking spaces;
• A separate fenced dog park for large dogs with turf, shade structure, bench seating, trash cans, drinking fountain, dog wash/sprinkler, and associated amenities ; • A practice golf range with simulated turf;
• A separate fenced dog park for small dogs with turf, shade structure, bench seating , trash cans , drinking fountain , dog wash/sprinkler, and associated amenities; • A large open play area with turf and shade trees;
• A decomposed granite pedestrian walking/hiking trail; • A demonstration garden.

The conceptual plan for the public park is shown on the next page. The full scope and requirements for the public park will be further identified in the Final Development Plans for Planned Development District 366 (PDD-366) approved by the City and shall be constructed as part of the first phase of development.

Exhibit "C"
Item 2B - Page 81
The conceptual plan for the public park is on file with the Planning Department, City of Palm Springs
Serena Park
Tract No. 36691
Exhibit "C"
Item 2B - Page 82
DATE
July 19, 2017
Sept 2017
November
2018
March 2019
April 2019
March 2022
March 2022
March 2022
April 2023
December
2022
February 2024
February 2024
January 2024
January 2024
March 2025
February 2024
March 2025

EXHIBIT D

PERFORMANCE SCHEDULE

ACTIVITY
DA First Hearing
DA Second Hearing
Final Execution DA Effective Date
Financing Phase 1
Start Engineering
Improvement Plan Approval/ Record
Phase 1 Map
Record Phase 2 Map
Infrastructure Construction Phase I
Infrastructure Construction Phase 2 -
Close Phase 1 First House
Infrastructure Construction Phase 3
Close Phase 2 First House
Record Phase 3 Map
Record Phase 4 Map
Close Phase 3 First House
Infrastructure Construction Phase 4
Close First House Phase 4
Exhibit "D"
NOTE
Park will be built during this
phase

ATTACHMENT #8
Item 2B - Page 83
Item 2B - Page 84
RECORDING REQUESTED BY:

CITY OF PALM SPRINGS
2019-0086225
03/14/2019 11:20 AM Fee:$ 0.00