Palm Springs City Council
May 14, 2025

collection of the delinquent waste disposal charges, together with general taxes, is in the best interest of the health and welfare of the community.

SECTION 3. The list of properties and the amount to be collected, on file in the office of the City Clerk, shall be forwarded to the County Auditor-Controller for placement on the tax bill as a special assessment in accordance with the provisions of Section 38790.1 of the Government Code and Section 6.04.215 of the Palm Springs Municipal Code. The list shall be updated prior to submission to the County Auditor- Controller to reflect all payments, credits and any other adjustments as of June 6, 2025.

ADOPTED THIS 14TH DAY OF MAY, 2025.

SCOTT C. STILES

CITY MANAGER
ATTEST:

BRENDA PREE

CITY CLERK
Item 2D - Page 6
Resolution No. _____

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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

Brenda Pree, City Clerk
City of Palm Springs, California
Item 2D - Page 7

ATTACHMENT B

Item 2D - Page 8

NOTICE OF PUBLIC HEARING

CITY COUNCIL, CITY OF PALM SPRINGS

PLACEMENT OF DELINQUENT TRASH SERVICE FEES ON THE COUNTY TAX ROLLS NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs beginning at 5:30 p.m., on May 14, 2025, to consider the following:

Pursuant to Health and Safety Code Section 5473(a) and Government Code Section 25831, a written report has been filed with the City Clerk of the City of Palm Springs containing a description of each parcel of real property receiving waste disposal service for which payment is delinquent and containing the amount of delinquent waste disposal service charges for each such parcel for the period ending June 30, 2025, computed in conformity with the charges prescribed in Section 6.04.200 of the Palm Springs Municipal Code.

The purpose of the hearing is to determine whether the delinquent waste disposal charges described in said report shall be collected with and not separately from, the general taxes of the City of Palm Springs. This means that, if the delinquent charges are not paid in a timely manner, they may be assessed against the property and collected as a tax lien.

If you wish to protest the charges you may respond to this notice verbally at the public hearing in the manner available and/or in writing before the public hearing. Written comments may be made to the City Council by letter (for mail or hand delivery) to:

Brenda Pree, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263
An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this matter may be directed to Lindsey-Paige McCloy, at Lindsey- [email protected] or (760) 323-8214.

To avoid having a lien placed against your property you must pay the assessment amount directly to Palm Springs Disposal Services by June 6, 2025. When making payment please write ‘LIEN’ on your payment envelope as well as on your payment. Palm Springs Disposal Services, P.O. Box 2711, Palm Springs, CA 92263-2711, (760) 327-1351.

Item 2D - Page 9
AVISO DE AUDIENCIA PÚBLICA

MUNICIPALIDAD DE LA CIUDAD DE PALM SPRINGS
ASIGNACIÓN DE LOS HONORARIOS DEL SERVICIO DE BASURA EN MORA EN LAS

LISTAS DE IMPUESTOS DEL CONDADO
SE NOTIFICA POR LA PRESENTE que el Consejo Municipal de la Ciudad de Palm Springs, California, llevará a cabo una audiencia pública en las cámaras de consejo de la ciudad, 3200 East Tahquitz Canyon Way, Palm Springs a partir de las 17:30 horas el 14 de mayo de 2025 para considerar lo siguiente:

De conformidad con la Sección 5473(a) del Código de Salud y Seguridad y la Sección 25831 del Código de Gobierno, se ha presentado un informe escrito ante la oficina del Secretario de la Ciudad de Palm Springs que contiene una descripción de cada parcela de bienes inmuebles que reciben el servicio de eliminación de desechos, cuyo pago está atrasado y que contiene el monto de los cargos por servicio de eliminación de desechos atrasados por cada una de dichas parcelas para el periodo que finaliza el 30 de junio de 2025, calculado de conformidad con los cargos prescritos en la Sección 6.04.200 del Código Municipal de Palm Springs.

El propósito de la audiencia es para determinar si los cargos morosos por eliminación de residuos descritos en dicho informe se cobrarán conjuntamente con los impuestos generales de la Ciudad de Palm Springs y no por separado. Esto significa que, si los cargos en mora no se pagan a tiempo, esos cargos pueden ser evaluados contra la propiedad y recolectados como un gravamen fiscal.

Si desea protestar los cargos, puede responder a este aviso verbalmente en la audiencia pública de la manera disponible o por escrito antes de la audiencia pública. Comentarios se pueden hacer por escrito (por correo o con entrega en mano) a la oficina del Secretario de la ciudad de Palm Springs a:

Brenda Pree, Secretario de la Ciudad
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263
En dicha audiencia se dará la oportunidad a todos los interesados de expresarse. Las preguntas sobre este asunto pueden dirigirse a Lindsey-Paige McCloy por correo electrónico a la dirección [email protected] o por teléfono al (760) 323-8214.

Para evitar que se ponga un gravamen sobre su propiedad, debe pagar la cantidad de la evaluación directamente a Palm Springs Disposal Services antes del 6 de junio de 2025.

Cuando haga el pago, escriba "LIEN" en su sobre de pago y en su pago. Favor de enviar su pago a Palm Springs Disposal Services, P.O Box 2711, Palm Springs, CA 92263-2711, (760) 327-1351.

Item 2D - Page 10

ATTACHMENT C

Item 2D - Page 11
Item 2D - Page 12
April 30, 2025
City of Palm Springs
Ms. Lindsey-Paige McCloy
Office of Sustainability
P. 0. Box 2743
Palm Springs CA 92263
Regarding Property Tax Liens
Dear Ms. Lindsey-Paige McCloy:

Palm Springs Disposal Services
4690 East Mesquite Avenue
P.O. Box 2711
Palm Springs, California 92262-2711
760-327-1351
Enclosed are items required in placing accounts in arrears on the tax roll for collection, and for the Public Hearing scheduled on May 14, 2025.

1. An affidavit certifying the mailing of Notice to accounts in arrears.

2. PDF copy dated April 18, 2025, listing the accounts in arrears, which we are submitting for presentation to the City Council.

3. We submit the proposed accounts and request that arrears be placed on the property tax rolls for collection . Any payments received will be applied against the arrears up to the deadline established for the County submittal (June 6, 2025). If arrears are paid in full and received prior to the deadline, the account will be removed from the County Rolls.

April 30, 2025 total accounts: 858
Liz Hernandez, Environmental Coordinator
Palm Springs Disposal Services
Item 2D - Page 13
I, Liz Hernandez, declare as follows: I am an employee of Palm Springs Disposal Services Inc., over the age of 18. My business address is 4690 E. Mesquite Ave., P.O. Box 2720, Palm Springs, California, 92263-2711. On April 30, 2025 served the attached:

NOTICE OF FILING REPORT AND NOTICE OF HEARING RE: COLLECTION OF DELINQUENT WASTE DISPOSAL CHARGES WITH GENERAL TAXES by placing a copy thereof, postage paid, in an envelope addressed to each of the persons listed and at the addresses shown on that certain document entitled" List All Tax Roll Candidates" for the City of Palm Springs as of this date -April 30, 2025 a copy of which is on file with the Sustainability Department, City of Desert Hot Springs, CA, and placed each of said envelopes for mailing in the United States Post Office at Palm Springs, California.

I declare under penalty of perjury that the foregoing is true and correct. Executed at Palm Springs, California on April 30, 2025.
£b ::?
(Signature)

ATTACHMENT D
Available for Inspection
at the City Clerk’s
Office
Item 2D - Page 14

CITY COUNCIL STAFF REPORT
05/14/2025
SUBJECT:

CONDUCT A PUBLIC HEARING UNDER SECTION 53083 OF THE CALIFORNIA

GOVERNMENT CODE TO APPROVE A HOTEL OPERATIONS COVENANT

BETWEEN THE CITY OF PALM SPRINGS AND THE LUCILLE PALM SPRINGS, PURSUANT TO MUNICIPAL CODE CHAPTER 5.26 OF THE CITY’S HOTEL

OPERATIONS INCENTIVE PROGRAM
RECOMMENDATION:

Open the public hearing and receive public testimony.1.

Approve a Hotel Operations Covenant Agreement with The Lucille Palm Springs located at 458 W Arenas Road, Palm Springs.

2. Authorize the City Manager and City Attorney to make non-substantive changes and execute all necessary documents related to the subsidy.

3. Attachments
Item 2E

CITY COUNCIL STAFF REPORT

DATE: MAY 14, 2025 PUBLIC HEARING

SUBJECT: CONDUCT A PUBLIC HEARING UNDER SECTION 53083 OF THE

CALIFORNIA GOVERNMENT CODE TO APPROVE A HOTEL

OPERATIONS COVENANT BETWEEN THE CITY OF PALM SPRINGS

AND THE LUCILLE PALM SPRINGS, PURSUANT TO MUNICIPAL CODE CHAPTER 5.26 OF THE CITY’S HOTEL OPERATIONS INCENTIVE

PROGRAM

FROM: Scott C. Stiles, City Manager

BY: Office of Economic Development Department

SUMMARY:

This action seeks to satisfy the conditions of a public hearing and seeks approval of the economic development subsidy in the form of TOT Operations Covenant Agreement with The Lucille Palm Springs in support of the renovation of their property located at 458 W Arenas Road, Palm Springs.

RECOMMENDATION:

1) Open the public hearing and receive public testimony. 2) Approve a Hotel Operations Covenant Agreement with The Lucille Palm Springs located at 458 W Arenas Road, Palm Springs.
3) Authorize the City Manager and City Attorney to make non-substantive changes and execute all necessary documents related to the subsidy.

BUSINESS PRINCIPAL DISCLOSURE:

The property is owned by Andalusian Court LP. A Public Integrity Disclosure form is provided as Attachment A.

BACKGROUND:

The City Council adopted Chapter 5.26 of the Palm Springs Municipal Code in December 2007 (amended on May 15, 2013, February 6, 2019, and September 14, 2023) to provide the Program for the operation and maintenance of hotel facilities that enhance the tourist and travel experience for visitors to the City, maximize the use of the City's Convention Item 2E - Page 1
City Council Staff Report
May 14, 2025 -- Page 2
The Lucille Palm Springs Operations Covenant

Center, provide attractive and desirable visitor serving facilities and experiences, and assist the City in achieving its tourism goals.

In October 2013, Section 53083 was added to the California Government Code. Section 53083 states that before granting an economic development subsidy, each local agency shall provide public notice and conduct a hearing regarding the economic development subsidy. "Economic development subsidy" under Section 53083 means any expenditure of public funds or loss of revenue to a local agency in the amount of one hundred thousand dollars ($100,000) or more, for the purpose of stimulating economic development within the jurisdiction of a local agency, including, but not limited to, bonds, grants, loans, loan guarantees, enterprise zone or empowerment zone incentives, fee waivers, land price subsidies, matching funds, tax abatements, tax exemptions, and tax credits.

STAFF ANALYSIS:

Operator has committed to a property improvement project that will invest no less than the equivalent of five thousand dollars ($5,000) per room. The renovation project was completed in Winter of 2024. Upon City Council approval and after the City’s execution of the Operation Covenant Agreement ( Attachment B), The Lucille Palm Springs will provide satisfactory documentation certifying its recent renovation and completion of the project as a qualified renovation under the Program.

Lucille Palm Springs is located at 458 W Arenas Road and consists of 9 total hotel rooms.

The renovation project included upgraded amenities to improve the guest experience.

The renovation included full interior renovation of all guest rooms, including painting, new furnishings, new art, cupboard and appliance replacement; conversion of two (2) existing one bedroom bungalow units into four studio units ; n ew paint on the exterior and refurbished landscaping on all exterior buildings; and new signage facing the street.

Consistent with the provisions of the Program, the Operator now agrees to place restrictions upon the use and operation of the hotel, to ensure that the Project shall be operated and maintained continuously as a hotel available for short-term rentals. The hotel operator also agrees to participate in the Palm Springs Convention Center's Committable Rooms Program and provide designated room nights per month for official City use. City will share a percentage of Transient Occupancy Tax Increment with Operator pursuant to the Program guidelines.

As noted above, California Government Code Section 53083 requires a public hearing for economic development subsidies where expenditure of public funds is in the amount of one hundred thousand dollars ($100,000) or more, for the purpose of stimulating economic development within the jurisdiction of a local agency. Accordingly, before approving such economic development subsidies, the local jurisdiction is to pr ovide specific information in written form available to the public, and through its Internet Web site.

Item 2E - Page 2
City Council Staff Report
May 14, 2025 -- Page 3
The Lucille Palm Springs Operations Covenant

For Lucille Palm Springs, the information is as follows:

1. The name and address of all corporations or any other business entities, except for sole proprietorships, that are the beneficiary of the economic development subsidy, if applicable.

Operator is a single purpose entity domiciled in the State of California doing business from 458 W Arenas Road, Palm Springs, CA 92262. The Agent for service of process to Operator is Lucille Palm Springs, doing business at 458 W Arenas Road, Palm Springs, CA 92262.

2. The start and end dates, and schedule, if applicable, for the economic development subsidy.

If approved, the Covenant would provide an economic subsidy to Operator through a term of ten (10) years, or until the Operator has received $402,708.59 pursuant to the Program, whichever event occurs first.

3. A description of the economic development subsidy, including the estimated total amount of the expenditure of public funds by, or of revenue lost to, the local agency as a result of the economic development subsidy.

A. The Program provides operating assistance to hotels in the form of a rebate of adjusted transient occupancy tax (“Adjusted TOT”) at a fixed level for existing hotels that meet Program criteria. The City Council has adopted the Phase II Renovation Project Program for improvement projects constructed by an existing hotel that invests no less than the equivalent of five thousand dollars ($5,000) per room, including this project.

B. Per the Program, the existing hotel project planned by Operator is rebated 50% of adjusted TOT for ten (10) years or until the rebate totals $ 402,705.59, whichever comes first. For purposes of the Covenant, an existing Hotel is defined as a property improvement project constructed by an existing hotel that invests no less than the equivalent of five thousand dollars ($5,000) per room.

The renovation project must commence no more than twelve (12) months after the City’s execution of the Operation Covenant Agreement and be completed no later than December 31, 2025.

C. The public funds to be spent if the City approves this Covenant will be the staff costs of administration, and statutorily mandated reporting through the term of the Program rebate/subsidy.

4. A statement of the public purposes for the economic development subsidy.

A. The City Council established the incentive program for the operation and Item 2E - Page 3
City Council Staff Report
May 14, 2025 -- Page 4
The Lucille Palm Springs Operations Covenant

maintenance of quality and first-class hotel facilities which enhance the tourist and travel experience for visitors to the City of Palm Springs, maximize the use of the City’s convention center, provide attractive and desirable visitor serving facilities and experiences, and assist the City in achieving its tourism goals. In the implementation of this program, the City Council determined: (1) The general welfare and material wellbeing of the residents of the City of Palm Springs depend in large measure upon the growth and expansion of the tourism and travel industries in the City; (2) The operation, maintenance, and expansion of the inventory of quality hotels and first class hotels in the City of Palm Springs will create desirable visitor serving facilities that will contribute to the growth and expansion of tourism and travel opportunities in the City, ensure utilization of the City’s convention center, provide employment opportunities for the residents of the City, and promote and enhance the economy of the City; (3) It is in the best interest of the City of Palm Springs to induce and encourage the operation and maintenance of hotel facilities that would not otherwise exist, thereby creating new sources of tax revenues for the City’s general fund which supports the public services that the City provides its residents; and (4) The authority granted and the purposes to be accomplished are properly local governmental and public purposes for which public funds can be expended and that the operation, maintenance, and expansion of the inventory of quality and first class hotels is of paramount importance to the City of Palm Springs, its residents, and businesses. (Ord. 1730 § 2, 2008)
B. No less than five thousand dollars ($5,000) per room, or if the project includes any common area or amenity, or any other area for guest use at the hotel, the amount of the investment shall not be less than the amount, if any, invested in rooms, added to the total number of rooms at the hotel that will exist at the end of the project multiplied by five thousand dollars ($5,000).

C. The Project would help beautify the neighborhood through and implement energy saving and sustainable components.

5. Projected tax revenue to the local agency as a result of the economic development subsidy.

A. Per the Program, the City will receive 50% of Adjusted TOT for ten (10) years or until the rebate to the Operator totals $ 402,708.59, whichever comes first.

After ten (10) years the City will receive 100% of the TOT revenue (Adjusted TOT plus Unadjusted TOT).

6. Estimated number of jobs created by the economic development subsidy, broken down by full-time, part-time, and temporary positions.

The Operator anticipates increasing employment by four (4) full-time positions and three (3) part- time positions, for a total of 7 FTEs. The estimated annual payroll Item 2E - Page 4
City Council Staff Report
May 14, 2025 -- Page 5
The Lucille Palm Springs Operations Covenant

for employees and contracted maintenance services is estimated to be $180,000.

Project Description

The Lucille Palm Springs is located at 458 W Arenas Road and consists of 9 total hotel rooms. The project location is shown below in Figure 1.

Figure 1
Item 2E - Page 5
,-'" - -~ ___ ...,......_
1, ~J!"lltr'- ~ - ~ - - -- . -
City Council Staff Report
May 14, 2025 -- Page 6
The Lucille Palm Springs Operations Covenant

No square footage additions were added to the existing Lucille Palm Springs buildings.

All improvements occurred within the current footprint of the site and were completed on all guest rooms as part of the Project. Additionally, The Lucille Palm Springs expects the renovations, upgrades, and enhancements to bring a heightened level of experience to the guests, thereby increasing occupancy, revenues and tax receipts.

Images of the upgrades are provided below.

New entry

Item 2E - Page 6
City Council Staff Report
May 14, 2025 -- Page 7
The Lucille Palm Springs Operations Covenant

New Appliance Replacement

Item 2E - Page 7
City Council Staff Report
May 14, 2025 -- Page 8
The Lucille Palm Springs Operations Covenant

Pool and Deck Updates

Item 2E - Page 8
City Council Staff Report
May 14, 2025 -- Page 9
The Lucille Palm Springs Operations Covenant

Room and Case Good Upgrades

Item 2E - Page 9
City Council Staff Report
May 14, 2025 -- Page 10
The Lucille Palm Springs Operations Covenant

Bathroom Upgrades

Item 2E - Page 10
City Council Staff Report
May 14, 2025 -- Page 11
The Lucille Palm Springs Operations Covenant

ENVIRONMENTAL ASSESSMENT:

The extension of the Program considered at this time is not a “project” for purposes of the California Environmental Quality Act (CEQA), as that term is defined by CEQA guidelines (Guidelines) section 15378. This action is organizational or administrative activity by the City of Palm Springs in furtherance of its police power and will not result in a direct or indirect physical change in the environment, per section 15378(b)(5) of the Guidelines.

ALIGNMENT WITH STRATEGIC PLANNING:

Quality of Life, Advance Economic Development – Stimulate investment in activities that create living wage employment opportunities and increase livability of the community.

FISCAL IMPACT:

An amount equal to 50% of transient occupancy tax increment derived from The Lucille Palm Springs, over the annual base amount, will be paid to the Operator for a ten- year period. The maximum pay-out to the recipient cannot exceed $ 402,708.59 over the 10- year period. The projected Sales Tax generated is approximately $965,000 over the term of the Agreement.

REVIEWED BY:

Department Director: Wayne Olson
City Manager: Scott Stiles

ATTACHMENTS:

A. Public Integrity Disclosure Form
B. Hotel Operations Covenant Agreement – Lucille Palm Springs

Item 2E - Page 11

ATTACHMENT A

Item 2E - Page 12
Item 2E - Page 13

1. 2.

Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
A (\ J. 0. \ v\.. S I C\Y\. CCU-1~ L~) ().. G,\.~\""y.~CL \t~·~( ( Address of Entity (Principle Place of Business)
4 ~~ w~~ ke..f,,\oS ~, 1 ~~""' ~r ~".Sr I c~ C\.iu2

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

4. State where Entity is Registered with Secretary of State C Q\~ \-0•<' \C\.

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

5. Type of Entity
D Corporation D Limited Liability Company ~tnership D Trust D Other (please specify)

6. PS
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 Ce}_e:3 ~ ~rrni ~'f•~ D Officer D Director D Member D Manager [nam
D General Partner ~ited Partner
\) () Other
-e_ - ..
( ~ \s
\\~ ~ , ~D. ~ (W'\
\~e,,.~ I '[> =J":pL D Officer D Director D Member D Manager [name]
D General Partner ~ted Partner
Other
~\,'-'>,~ Cc~ ~ W . D Officer D Director D Member D Manager [name]
[},01(rieral Partner D Limited Partner
Other

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 05/16/19)
~ .

Item 2E - Page 14

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

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
A.
~v--~~~vc... • 9~.9'1 1t> 1 ·t:l:e.s,~ G ~ Lf c~~
[name of owner/investor] [percentage of beneficial interest in entity and name of entitv]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl

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

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

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

ATTACHMENT B

Item 2E - Page 15
1 FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

THE CITY OF PALM SPRINGS
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attention: City Clerk

(Space Above This Line for Recorder's Office Use Only)

OPERATIONS COVENANT

THIS OPERATIONS COVENANT AND DECLARATION OF COVENANTS AND RESTRICTIONS ("Agreement" or “Covenant”) is made and entered into this day of , 2025, by and between the CITY OF PALM SPRINGS, a municipal corporation and charter city ("City"), and Andalusian Court LP a California Limited Company ("Owner" or “Participant”).

R E C I T A L S:

A. The City of Palm Springs adopted Chapter 5.26 of its Municipal Code in December, 2007 to provide a Hotel Operations Incentive Program ("Program") for the operation and maintenance of Hotel facilities that enhance the tourist and travel experience for visitors to the City, maximize the use of the City's Convention Center, provide attractive and desirable visitor serving facilities and experiences, and assist the City in achieving its tourism goals. (Chapter 5.26 of the Municipal code is incorporated herein by reference and defined terms therein shall, unless otherwise indicated, have the same meanings herein.)
B. On February 6, 2019, the City of Palm Springs amended Chapter 5.26 of its Municipal Code (“PSMC”) to re-establish the Program for Renovation Hotels as defined in Chapter

5.26 of the PSMC for the operation and maintenance of Hotel facilities that enhance the tourist and travel experience for visitors to the City, that assist the City in achieving its tourism goals.

C. On September 14, 2023, the City of Palm Springs amended Chapter 5.26 of its Municipal Code (“PSMC”) to extend the Program until December 31, 2028.

D. On January 22, 2025, Owner applied for the Program and has provided satisfactory documentation certifying its renovation project as a qualified renovation program under the Program.

The Lucille Palm Springs ("Owner's Hotel" or "Project"), generally located at 458 W. Arenas Road, Palm Springs, California, consists of 9 rooms total hotel rooms on that certain real property located in the City of Palm Springs, County of Riverside, State of California, legally described on the Legal Description attached hereto as Exhibit "A" and incorporated herein by reference (the "Site").

E. City and Owner now desire to place restrictions upon the use and operation of the Project, in order to ensure that the Project shall be operated continuously as a hotel available for short-term rental for the term of this Agreement.

F. City and Owner also agree that in return for participation in the Program, Owner shall agree to operate the Project as a hotel; participate in the Palm Springs Convention Center's Item 2E - Page 16
2 Committable Rooms Program; and provide City with a minimum of two (2) room-nights per month for official City use; and, City agrees to share a percentage of Transient Occupancy Tax Increment with Owner pursuant to the Program guidelines.

G. The City finds that the approval of this Covenant is Categorically Exempt from CEQA under Section 15301 of the California Administrative Code as the Hotel Operations Incentive Program applicable to Owner's Hotel applies to the operation, repair, maintenance, or minor alteration of existing structures, facilities, mechanical equipment involving no material expansion of use beyond that previously existing.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Participant hereby conveys to the City the Operating Covenants described herein and City hereby agrees to provide Owner with funds as provided under the Program and as set forth hereinafter.

ARTICLE 1

STATEMENT OF OPERATING COVENANTS

1.1. OPERATION AND USE COVENANT . Upon occupancy, Owner covenants to operate, maintain, and use The Lucille Palm Springs in accordance with this Agreement. All uses conducted on the Site, including, without limitation, all activities undertaken by the Owner pursuant to this Agreement shall, in all material respects, conform to requirements of this Agreement and Palm Springs Municipal Code (PSMC).

1.2. HOTEL USE. The Owner hereby agrees that the Project is to be owned, managed, and operated as a hotel (as defined by 5.36.020 of the PSMC) in a first-class manner, and the Project's participation in the Program shall continue in accordance with the terms of the Program, for a term equal to ten (10) years, commencing upon the date Owner first receives from the City the Owner's share of transient occupancy tax revenues pursuant to the Program unless and until Owner's participation in the Program is terminated prior thereto in accordance with this Agreement (the "Term").

1. Housing Uses Prohibited. None of the rooms in the Project will at any time be utilized as a non -transient residential property including dormitory, fraternity or sorority house, rooming house, nursing home, hospital, sanitarium, or trailer court or park without the City's prior consent which consent may be given or withheld in its sole and absolute discretion.

2. Conversion of Project. No part of the Project will at any time be owned by a cooperative housing corporation, nor shall the Owner take any steps in connection with the conversion to such ownership or uses to condominiums, or to any other form of ownership, without the prior written approval of the City Council which approval may be given or withheld in its sole and absolute discretion.

Item 2E - Page 17
3 ARTICLE 2

WARRANTIES AND COVENANTS

2.1. WARRANTIES AND COVENANTS. For the Term of this Agreement, the Owner hereby represents, covenants, warrants and agrees as follows:

1. Owner has completed the City's application for the Hotel Operations Incentive Program. The City has determined the Transient Occupancy Tax Base to be used to calculate the Transient Occupancy Tax Increment shall be $65,715.70, and the Owner accepts such Transient Occupancy Tax Base.

2. Owner hereby agrees to subscribe to the Palm Springs Convention Center's Committable Rooms Program or any similar successor program as identified by the City Manager without being obligated to incur any additional costs or expenses.

3. Upon City's prior request, Owner shall provide the City at no cost two (2) rooms for one (1) night (or 1 room for 2 nights) other than Friday or Saturday nights each month for use for City purposes as approved or designated by the City Manager, provided that such use by the City shall be subject to the rooms being available at the time of the City's request. Such accommodations shall include all services and amenities for which the Owner would normally collect transient occupancy taxes but will not include services and amenities that are optional to the transient and for which the transient is not required to pay a transient occupancy taxes. City shall be responsible for any transient occupancy taxes for any occupancy provided to City under the provisions of this paragraph. Notwithstanding anything in this Agreement to the contrary, if the City does not use rooms during any month, then its right to use rooms with respect to that month shall expire at the end of that month and shall not accrue; provided, however, if the City was unable to use rooms solely because Owner's Hotel had no rooms available when the City requested a room in accordance with this Section

2.1.3, then, the City's right to use rooms shall not expire and may be used by the City in the next subsequent month.

ARTICLE 3

MAINTENANCE

3.1. MAINTENANCE.

1. Maintenance Obligation . Owner, for itself and its successors and assigns, hereby covenants and agrees to maintain and repair or cause to be maintained and repaired the Site and all related on -site improvements and landscaping thereon, including, without limitation, buildings, ame nities, parking areas, lighting, signs and walls in a first class condition and repair, free of rubbish, debris and other hazards to persons using the same, and in accordance with all applicable laws, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction, at Owner's sole cost and expense. Such

maintenance and repair shall include, but not be limited to, the following:
(i) sweeping and trash removal; (ii) the care and replacement of all irrigation, shrubbery, plantings, and other landscaping to maintain it in a healthy condition; and (iii) the repair, Item 2E - Page 18
4 replacement and restriping of asphalt or concrete paving using the same type of material originally installed, to the end that such paving at all times be kept clearly marked and in a level and smooth condition. In addition, Owner shall be required to maintain the Property in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to the public health, safety or g eneral welfare or that such a condition of deterioration or disrepair causes appreciable harm or is materially detrimental to property or improvements within one thousand (1,000) feet of such portion of the Site.

2. Parking and Driveways. The driveways and traffic aisles on the Site shall be kept clear and unobstructed at all times.

3. Right of Entry . In the event Owner fails to maintain the Site in the above - mentioned condition, and satisfactory progress is not made in correcting the condition within thirty (30) days from the date of written notice from City (which notice shall reasonably identify the required maintenance), City may, at City's option, and without further notice to Owner, declare the unperformed maintenance to constitute a public nuisance. Thereafter, either City or its employees, contractors, or agents, may cure Owner's default by entering upon the Site and performing the necessary landscaping and/or maintenance in accordance with Section 3.1.1 above. The City shall give Owner, its representative, or the residential manager reasonable notice of the time and manner of entry, and entry shall only be at such times and in such manner as is reasonably necessary to carry out this Agreement. Owner shall pay such costs as are reasonably incurred by City for such maintenance, including attorneys' fees and costs.

4. Lien. If any costs incurred by City under Section 3 above are not reimbursed within thirty (30) days after Owner's receipt of City's written request for reimbursement, the same shall be deemed delinquent, and the amount thereof shall bear interest thereafter at a rate of the lower of ten percent (10%) per annum or the legal maximum until paid. Any and all delinquent amounts, together with said interest, costs and reasonable attorney's fees, shall be an obligation of Owner as well as a lien and charge, with power of sale, upon the property interests of Owner, and the rents, issues and profits of such property. City may bring an action at law against Owner obligated to pay any such sums or foreclose the lien against Owner's property interests. Any such lien may be enforced by sale by the City following recordation of a Notice of Default of Sale given in the manner and time required by law as in the case of a deed of trust; such sale to be conducted in accordance with the provisions of Section 2924, et seq., of the California Civil Code, applicable to the exercise of powers of sale in mortgages and deeds of trust, or in any other manner permitted by law.

Any monetary lien provided for herein shall be subordinate to any bona fide mortgage or deed of trust covering an ownership interest or leasehold or subleasehold estate in and to any Site approved by City pursuant to the Agreement, and any purchaser at any foreclosure or trustee's sale (as well as any deed or assignment in lieu of foreclosure or trustee's sale) under any such mortgage or deed of trust shall take title free from any such monetary lien, but otherwise subject to the provisions hereof; provided that, after the foreclosure of any such mortgage and/or deed of trust, all other assessments provided for herein to the extent they relate to the expenses incurred subsequent to such foreclosure, Item 2E - Page 19
5 assessed hereunder to the purchaser at the foreclosure sale, as owner of the subject Site after the date of such foreclosure sale, shall become a lien upon such Site upon recordation of a Notice of Assessment or Notice of Claim of Lien as herein provided.

ARTICLE 4

COMPLIANCE WITH LAWS

4.1. COMPLIANCE WITH LAWS. Owner shall comply with all ordinances, regulations, and standards of the City applicable to the Site. Owner shall comply with all rules and regulations of any assessment district of the City with jurisdiction over the Site.

4.2. PREV AILING WAGE. In accordance with California Labor Code section 1781(a)(2), the Participant acknowledges that the City has expressly indicated to the Participant and persons associated with the Participant that laborers employed relative to the construction of the Project must be paid the prevailing per diem wage rate for their labor classification, as determined by the State of California, pursuant to Labor Code Sections 1720, et seq. and Palm Springs Municipal Code Section

7.06.030(1). The Participant agrees with the City that the Participant shall assume the responsibility and be solely responsible for payment of the prevailing per diem wage rate for their labor classification.

The Participant, on behalf of itself, its successors, and assigns, waives and releases the City from any right of action that may be available to it pursuant to California Labor Code Sections 1726 and 1781.

The Participant acknowledges the protections of Civil Code Section 1542 relative to the waiver and releases contained in this section 4.2, which reads as follows:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR

OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR

HER FA VOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN

BY HIM OR HER, WOULD HA VE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED THE PARTY .”

BY INITIALING BELOW, THE PARTICIPANT KNOWINGLY AND VOLUNTARILY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE WAIVERS AND RELEASES OF THIS SECTION 4.2.

____________
Participant’s Initials

Additionally, in accordance with this section 4.2, the Participant shall indemnify, defend with counsel acceptable to the City, and hold the City harmless against any claims pursuant to California Labor Code Sections 1726 and 1781 arising from this Covenant or the construction or operation of the Project.

Item 2E - Page 20
6 ARTICLE 5

NONDISCRIMINATION

5.1. NONDISCRIMINATION. There shall be no discrimination against or segregation of any person, or group of persons, on account of race, color, creed, religion, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, physical or mental disability, or medical condition in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, or any part thereof, nor shall Owner, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of guests or vendees of the Site, or any part thereof.

ARTICLE 6

COVENANTS TO RUN WITH THE LAND

6.1. COVENANTS TO RUN WITH THE LAND. Owner hereby subjects the Site to the covenants, reservations, and restrictions set forth in this Agreement. City and Owner hereby declare their express intent that all such covenants, reservations, and restrictions shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors in title to the Site; provided, however, that on the termination of this Agreement said covenants, reservations and restrictions shall expire. All covenants without regard to technical classification or designation shall be binding for the benefit of the City, and such covenants shall run in favor of the City for the entire term of this Agreemen t, without regard to whether the City is or remains an owner of any land or interest therein to which such covenants relate. Each and every contract, deed or other instrument hereafter executed covering or conveying the Site or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations, and restrictions, regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed or other instrument.

City and Owner hereby declare their understanding and intent that the burden of the covenants set forth herein touch and concern the land in that Owner's legal interest in the Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants touch and concern the land by enhancing and includes the enjoyment and use of the Project by the intended beneficiaries of such covenants, reservations, and restrictions, and by furthering the public purposes for which the City was formed.

Owner, in exchange for the City entering into the Agreement, hereby agrees to hold, sell, and convey the Site subject to the terms of this Agreement. Owner also grants to the City the right and power to enforce the terms of this Agreement against the Owner and all persons having any right, title or interest in the Site or any part thereof while such party owns the Site. No party shall have any liability or obligation in connection with any breach occurring while such party is not the owner of the Site.

Within fifteen (15) business days after request of Owner, City shall execute and provide to Owner an estoppel certificate, in the form approved by the City Attorney of the City, confirming whether or not Owner is in breach of any obligations under this Agreement and identifying any required cure.

Item 2E - Page 21
7 ARTICLE 7

INDEMNIFICATION

7.1. GENERAL INDEMNIFICATION. Participant agrees, for itself and for its successors and assigns, to indemnify, defend with counsel acceptable to the City, and hold the City, together with its officers, members, officials, employees, agents, volunteers, and representatives, harmless from and against any loss, liability, claim or judgment arising from or related to Participant’s participation in the Hotel Operations Incentive Program pursuant to Palm Springs Municipal Code Chapter 5.26.

7.2. ATTORNEYS' FEES. In the event that a party to this Agreement brings an action against the other party hereto by reason of the breach of any condition, covenant, representation or warranty in this Agreement, or otherwise arising out of this Agreement, the prevailing party in such action shall be entitled to recover from the other reasonable expert witness fees, and its reasonable attorney's fees and costs. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, including the conducting of discovery.

7.3. AMENDMENTS. This Agreement shall be amended only by a written instrument executed by the parties hereto or their successors in title, and duly recorded in the real property records of the County of Riverside.

7.4. NOTICE. Any notice required to be given hereunder shall be made in writing and shall be given by personal delivery, certified or registered mail, postage prepaid, return receipt requested, at the addresses specified below, or at such other addresses as may be specified in writing by the parties hereto:

City: City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: City Manager
Copy to: Office of the City Attorney
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: City Attorney

Owner: PS Andalusian Court, LP
The Lucille Palm Springs
458 W Arenas Road
Palm Springs, CA 92262
Attn: Celeste Burgoyne

The notice shall be deemed given three (3) business days after the date of mailing, or, if personally delivered, when received.

Item 2E - Page 22
8 7.5. SEVERABILITY/WAIVER/INTEGRATION

1. Severability. If any provision of this Agreement or portion thereof, or the application to any person or circumstances, shall to any extent be held invalid, inoperative, or unenforceable, the remainder of the provisions, or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby; provided, that if any material terms or provisions of these Operating Covenants are rendered invalid, void and/or unenforceable, or due to changes in the law such terms or provisions would materially alter the terms of the transactions contemplated herein, the parties agree to meet and negotiate in good faith to attempt to reform these Operating Covenants to accomplish the intent of the parties.

2. Waiver. A waiver by either party of the performance of any covenant or condition herein shall not invalidate this Agreement nor shall it be considered a waiver of any other covenants or conditions, nor shall the delay or forbearance by either party in exercising any remedy or right be considered a waiver of, or an estoppel against, the later exercise of such remedy or right.

3. Integration. This Agreement contains the entire Agreement between the parties and neither party relies on any warranty or representation not contained in this Agreement.

4. Third Parties. No third-party beneficiaries are intended, and the only parties who are entitled to enforce the provisions of these Operating Covenants are the City, Mortgagees, Participant and their respective successors and assigns.

7.6. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California and is subject to the provisions of Government Code Section 53083.

7.7. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall constitute one original and all of which shall be one and the same instrument.

7.8. TERMINATION. This Agreement may be terminated only (i) by and upon expiration of the Term, (ii) by mutual written agreement of the parties, and (iii) by and pursuant to the provisions of Section 7.9 or 7.10 below. In the event of any termination of this Covenant, Owner (or its successor, as applicable) shall not be obligated to return any amounts previously paid to it by the City pursuant to the Program.

7.9. DEFAULT BY OWNER. If at any time during the Term, City contends that Owner has committed a material default with respect this Agreement, e.g., by failing to operate the Hotel as a Hotel, City shall deliver to Owner written notice of default which specifies in detail all facts alleged by City to constitute such default. For a period of thirty days thereafter, Owner will have the right to commence and complete cure of the alleged default; provided, however, if the alleged default is of such a nature as to reasonably require more than thirty days to cure, and the Parties so agree, Owner will have such addition time as is reasonably necessary to complete such cure. Subject to Section

7.11 below, if Owner fails to timely cure such default, City shall then have the right to terminate this Agreement. (To the extent of any inconsistency between the provisions of this Section 7.9 and the provisions of Section 3.1 above, the provisions of this Section 7.9 shall prevail.) Item 2E - Page 23
9 7.10 DEFAULT BY CITY. If at any time during the Term, Owner contends that City has committed a material default with respect this Agreement, Owner may deliver to City written notice of default that specifies in detail all facts alleged by Owner to constitute such default. For a period of thirty days thereafter, City will have the right to commence and complete cure of the alleged default; provided, however, if the alleged default is of such a nature as to reasonably require more than thirty days to cure, and the Parties so agree, City will have such addition time as is reasonably necessary to complete such cure. Subject to Section 7.11 below, if City fails to timely cure such default, Owner shall then have the right to terminate this Agreement or exe rcise any and all other rights and remedies available at law and in equity, and each of such rights and remedies shall be cumulative and not exclusive.

7.11 MORTGAGE PROVISONS . Anything in this Agreement to the contrary notwithstanding, with respect to any recorded mortgage or deed of trust given in good faith and for value and encumbering the Hotel (“Mortgage”), any holder thereof that has delivered to City a copy of such recorded Mortgage and current contact information (“Mortgagee”) will be entitled rights and benefits in accordance with the following:

1. City acknowledges and agrees that the rights and obligations of Owner under this Agreement may, with or without approval by City, be conditionally assigned by Owner to any Mortgagee as security for performance of Mortgage obligations.

2. While any Mortgage remains in effect, City will not amend or modify this Agreement in any material respect without receiving prior written approval from Mortgagee, which approval may not be unreasonably withheld, delayed or conditioned; provided, however, failure by Mortgagee to provide written approval or disapproval (and if disapproval the reasons therefor) within thirty days of delivery of request therefor shall be deemed to constitute approval by Mortgagee.

3. While any Mortgage remains in effect, in the event City delivers to Owner of any notice of default as referenced in either Section 3.1 or 7.9 above, City shall concurrently deliver a copy thereof to Mortgagee.

4. Delivery of any such notice of default notwithstanding, City will not terminate or initiate or pursue any action to terminate this Agreement as long as Mortgagee diligently (i) declares a default by Owner under the Mortgage, (ii) pursues foreclosure and/or other appropriate actions under the Mortgage, (iii) pays to City all amounts that would otherwise have been payable by Owner to City, and (iv) cures non-monetary defaults.

7.12 Operator Provisions. City acknowledges and agrees that operational obligations of Owner may, with or without consent of City, be assigned by Owner to any entity owned or wholly controlled by Owner or its Members or Hotel Operator of Owner’s choice, and, in connection therewith, such Hotel Operator may assume all or part of Owner’s Hotel operation obligations under this Agreement; provided, however, Owner shall retain ultimate responsibility for such Hotel operation obligations. City agrees that while any Hotel Operator agreement is in effect, and provided that City has been put on notice of such agreement and received contact information for such Operator, in the event City delivers to Owner of any notice of default as referenced in either Section

3.1 or 7.9 above, City shall concurrently deliver a copy thereof to the Operator.

Item 2E - Page 24
10 7.13 RESERVED.

7.14 Cooperation. Each party agrees to and shall do and perform such other and further acts and properly execute and deliver such other and further documents as may be reasonably necessary, expedient or convenient to implement and/or effectuate the intents and purposes here of.

City and Owner agree to cooperate with each other and/or with any Mortgagee or proposed Mortgagee, in a manner consistent with concepts and principles of good faith, fair dealing and commercial reasonableness, with respect to consideration , implementation and execution of any modification(s) to this Agreement reasonably requested by the City, Owner, Mortgagee or proposed Mortgagee.

7.15 Reasonable Approvals. Whenever this Agreement requires or calls for the approval or consent of any party hereto, such approval shall not be unreasonably withheld, delayed or conditioned.

7.16 Binding Arbitration. In the event of any dispute or controversy arising out of or relating to this Agreement, or the breach or performance of it, the parties shall reasonably attempt to resolve such dispute or controversy without resort to third party review or resolution. The parties shall first meet and confer on any such dispute or controversy. Such meeting(s) shall include any principal of the Owner and, at the discretion of the City, may include the City Manager and/or the City Council, either as a whole or through an ad hoc subcommittee designated by the City Council.

Upon a determination by the parties that they are or will be unable to resolve the dispute or controversy on their own, then the parties shall submit the dispute, controversy or any remaining unresolved matter to binding arbitration, to be held in the Coac hella Valley, and be conducted pursuant to the Commercial Arbitration Rules of the American Arbitration Association.

7.17 Incorporation of Recitals and Exhibits. Each of the recitals set forth above and each of the exhibits attached hereto are agreed to and made part of this Agreement.

7.18 Authority. Each party represents and warrants to the other that such party has full right, power and authority to sign, execute and enter into this Agreement.

[END -- SIGNATURES ON NEXT PAGE]
Item 2E - Page 25
11 IN WITNESS WHEREOF, the City and Owner have executed this Operations Covenant by duly authorized representatives on the date first written hereinabove. "CITY"

THE CITY OF PALM SPRINGS,
a municipal corporation and charter city
By:

ATTEST:

Scott C. Stiles, ICMA-CM
City Manager

Brenda Pree, MMC, CERA
City Clerk

APPROVED AS TO FORM:

BEST, BEST & KRIEGER

By:

Jeffrey Ballinger, Esq.

City Attorney

The Lucille Palm Springs

By:

Celeste Burgoyne
Owner

[END OF SIGNATURES]
Item 2E - Page 26
12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189

State of California )
County of )
On before me, ,
Date Here Insert Name and Title of the Officer
personally appeared
Name(s) of Signer(s)
,

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
Signature of Notary Public

Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date:

Number of Pages: Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name:

Corporate Officer — Title(s):

Signer’s Name:

Corporate Officer — Title(s):

Partner — Limited General Partner — Limited General
Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other:

Signer Is Representing:

Other:

Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 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.

Item 2E - Page 27-
. . - - . . - - - - .

   
   

   
   

LEGAL DESCRIPTION
EXHIBT “A”
OPER

A TIONS COVENANT

FOR HOTEL INCENTIVE PROGRAM
1 POR LOTS 10 & 11 BLK AND LOSTS 13 & 14 BLK 6 MB 009/432 SD MAP OF PALM SPRINGS FOR TOTAL DESCRIPTION SEE ASSESSORS MAPS.

Item 2E - Page 28

CITY COUNCIL STAFF REPORT
05/14/2025 PUBLIC HEARING
SUBJECT:

AN APPEAL BY MCWHIRTER REALTY PARTNERS OF THE DECISION BY THE

PLANNING COMMISSION TO DENY A MAJOR DEVELOPMENT PERMIT
APPLICATION, CASE DP-2024-0009, FOR THE CONSTRUCTION OF A NEW 4,012-SQUARE-FOOT COMMERCIAL BUILDING FOR A PAINT STORE ON A

0.38-ACRE UNDEVELOPED PARCEL LOCATED NEAR THE SOUTHEAST

CORNER OF NORTH PALM CANYON DRIVE AND EAST STEVENS ROAD, ZONE C-1, SECTION 10 (CASE APPL-2025-0002).

RECOMMENDATION:

Open the appeal hearing and receive testimony; and1.

Adopt Resolution No. entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY

MCWHIRTER REALTY PARTNERS AND UPHOLDING THE PLANNING
COMMISSION’S DECISION TO DENY A MAJOR DEVELOPMENT PERMIT APPLICATION, CASE DP-2024-0009, FOR THE CONSTRUCTION OF A NEW 4,012-SQUARE-FOOT COMMERCIAL BUILDING FOR A PAINT STORE ON A

0.38-ACRE UNDEVELOPED PARCEL LOCATED NEAR THE SOUTHEAST

CORNER OF NORTH PALM CANYON DRIVE AND EAST STEVENS ROAD, ZONE C-1, SECTION 10 (CASE APPL-2025-0002).”; or

2. Alternatively, adopt Resolution No. entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERTURNING THE PLANNING COMMISSION’S DECISION TO DENY AND APPROVING A MAJOR DEVELOPMENT PERMIT APPLICATION, CASE DP-2024-0009, FOR THE CONSTRUCTION OF A NEW 4,012-SQUARE-FOOT COMMERCIAL
BUILDING FOR A PAINT STORE ON A 0.38-ACRE UNDEVELOPED PARCEL

LOCATED NEAR THE SOUTHEAST CORNER OF NORTH PALM CANYON
DRIVE AND EAST STEVENS ROAD, ZONE C-1, SECTION 10 (CASE APPL-2025-0002).”

3. Attachments
Item 2F

CITY COUNCIL STAFF REPORT
DATE: MAY 14, 2025 PUBLIC HEARING
SU
BJECT: AN APPEAL BY MCWHIRTER REALTY PARTNERS OF THE DECISION

BY THE PLANNING COMMISSION TO DENY A MAJOR DEVELOPMENT
PERMIT APPLICATION , CASE DP -2024-0009, FOR THE
CONSTRUCTION OF A NEW 4,012- SQUARE-FOOT COMMERCIAL
BUILDING FOR A PAINT STORE ON A 0.38 -ACRE UNDEVELOPED

PARCEL LOCATED NEAR THE SOUTHEAST CORNER OF NORTH
PALM CANYON DRIVE AND EAST STEVENS ROAD, ZONE C -1,
SECTION 10 (CASE APPL-2025-0002).

F
ROM: Scott C. Stiles, City Manager
BY: D
epartment of Planning Services
SUMMARY:

T
his is a request for the City Council to consider an appeal by McWhirter Realty Partners of the Planning Commission decision to deny a Major Development Permit application, Case DP-2024-0009, to construct a new 4,012- SF single -story commercial building located near the southeast corner of North Palm Canyon Drive and East Stevens Road .

On March 25, 2025, the Planning Commission voted 4-3-0 to deny the application. A resolution of denial (Attachment I) was adopted by the Planning Commission on April 8, 2025.

RECOMMENDATION:
1) O
pen the appeal hearing and receive testimony; and
2) A
dopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS , CALIFORNIA, DENYING THE APPEAL BY

MCWHIRTER REALTY PARTNERS AND UPHOLDING THE PLANNING
COMMISSION’S DECISION TO DENY A MAJOR DEVELOPMENT PERMIT APPLICATION, CASE DP- 2024-0009, FOR THE CONSTRUCTION OF A NEW 4,012-SQUARE-FOOT COMMERCIAL BUILDING FOR A PAINT STORE ON A

0.38-ACRE UNDEVELOPED PARCEL LOCATED NEAR THE SOUTHEAST

CORNER OF NORTH PALM CANYON DRIVE AND EAST STEVENS ROAD, ZONE C-1, SECTION 10 (CASE APPL-2025-0002).”; or
Item 2F - Page 1
3) Alternatively, adopt Resolution No. _____, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA, OVERTURNING THE PLANNING COMMISSION’S DECISION TO DENY AND APPROVING A MAJOR DEVELOPMENT PERMIT APPLICATION, CASE DP- 2024-0009, FOR THE CONSTRUCTION OF A NEW 4,012 -SQUARE-FOOT COMMERCIAL BUILDING FOR A PAINT STORE ON A 0.38 -ACRE UNDEVELOPED PARCEL

LOCATED NEAR THE SOUTHEAST CORNER OF NORTH PALM CANYON
DRIVE AND EAST STEVENS ROAD, ZONE C -1, SECTION 10 (CASE APPL - 2025-0002).”

BUSINESS PRINCIPAL DISCLOSURE:

The property is owned by natural persons named Wayne Gottlieb and Margaret Gottlieb; therefore, the application is not subject to the disclosure requirement.

BACKGROUND:

The application, Case DP-2024-0009, was initially reviewed by the Planning Commission on February 26, 2025, at which time staff recommended approval of the project. After discussion, the Planning Commission voted unanimously for continuation to allow for revisions to the site plan to ensure better relation to North Palm Canyon Drive. Later , on March 25, 2025, the Planning Commission voted 4 to 3 (Aylaian, Weremiuk, Rotman, Morrill in favor; Baker, Miller, Murphy in opposition) to deny the application. The history of the application review is summarized in the table below, and the staff reports (Attachments F & G ) and excerpts of the meeting minutes relevant to the project (Attachment H) are attached to this Staff Report . The Planning Commission’s grounds for denial are further explained in the attached Resolution No. 6978 ( Attachment I) but related to inconsistency with the General Plan policies seeking pedestrian- oriented activities and uses in the Uptown and Mixed-Use district.

Related Relevant City Actions
02/26/2025
Planning Commission reviewed the proposed project and voted unanimously to continue the review with direction for the applicant to address the following issues: 1) A true, functional entrance is required on the North Palm Canyon Drive frontage; 2) The floor plan needs to be reconfigured to accommodate a functional entrance on the Nor th Palm Canyon Drive frontage; 3) Glazing application on the North Palm Canyon Drive elevation needs to be expanded; and 4) Stronger landscape treatment with layered plant materials is desirable along the North Palm Canyon Drive frontage.
03/25/2025 Planning Commission voted 4 (Aylaian, Weremiuk, Rotman, Morrill) to 3 (Baker, Miller, Murphy) to deny the application.
04/08/2025 Planning Commission adopted a resolution of denial (Resolution No. 6978).

Item 2F - Page 2
Pursuant to Palm Springs Zoning Code Section 94. 04.01(C)(1)(e), the Planning Commission’s decision is final unless appealed to the City Council in the manner prescribed in Palm Springs Municipal Code Chapter 2.05. On April 3, 2025, the appellant filed an appeal in accordance with the applicable law. The Appeal Form is attached to this staff report (Attachment D). On April 15 and 17, 2025, the appellant submitted revised development plans (addendum) for consideration by the City Council ( Attachment L).

The following changes have been proposed to the plans that were denied by the Planning Commission on March 25, 2025:

i. Floor Plan. Relocation of the sales area, which was previously located along the east and south (rear, parking lot facing) elevations to the west (North Palm Canyon Drive facing) elevation.

ii. East Elevation. Previously proposed elevation, which was designed with expansive glazing, has been modified in response to the relocation of the sales area. A significant reduction in the glazing area. Glazing application is limited to the door system and clerestory windows.

iii. Site Plan . Incidental relocation of a handicapped off -street parking space to provide more convenient access to the entrance door on the east elevation.

On April 24, 2025, the appellant submitted the second addendum ( Attachment E) to supplement the original appeal form, which includes additional explanation as to why the appeal has been filed.

PROPOSED PROJECT:

The application proposes the construction of a new 4,012- SF single-story commercial building at the maximum building height of 18 feet on a 0.38- acre undeveloped parcel located near the southeast corner of North Palm Canyon Drive and East Stevens Road in the C-1 (Retail Business) Zone. In addition to the building, the proposed site design includes a new parking lot for vehicles and bicycles, a new trash enclosure, and perimeter landscape. The staff reports and exhibits which were reviewed by the Planning Commission at the February 26 and March 25, 2025 meetings are attached to this staff report (Attachments F, G, J, & K). As mentioned earlier in this report, the applicant has submitted revised plans for City Council’s consideration (Attachment L).

GENERAL PLAN INCONSISTENCY ISSUE:

At the March 25, 2025 meeting, the Planning Commission raised concerns with regards to the consistency of the project with the General Plan policies, particularly the intent of the Mixed/Multi-Use and Uptown areas stated on pages 2-30 and 2-32 of Palm Springs 2007 General Plan, which read as follows:

Item 2F - Page 3
“…Introduction of mixed- and multi-use development should be targeted for vacant and underperforming sites or areas where the City wants to create a stronger concentration of activity ” (Palm Springs 2007 General Plan, Page 2-30, Paragraph 7).

“Immediately north of the Downtown, the Uptown mixed/multi -use area is located along North Palm Canyon Drive and North Indian Canyon Drive, north of Alejo, south of Via Escuela. A collection of art galleries and boutiques are located here, along with medical and professional office uses.

A more vibrant retail/commercial area serving the needs of the adjacent desirable residential neighborhoods of Las Palmas, Vista Las Palmas, Movie Colony, and Ruth Hardy Park are needed in this area. A concentrated mix of uses here could stimulate activity and create a sense of place by connecting new residential uses with the nearby medical offices, including the Desert Resort Regional Medical Center, and specialty shopping in the Heritage District. The primary purpose of a mixed-use center in the Uptown area is to generate a synergy between complementary uses that can ultimately result in a gathering place for residents and businesses in the northern end of the City.” (Palm Springs 2007 General Plan, page 2-32, Paragraphs 2 & 3).

Per the policies, the project site is intended for uses and developments that would activate the site and its surroundings which contribute to creating a stronger sense of community.

At the end of the discussion, the Planning Commission concluded that the proposed project is inconsistent with the intent of the General Plan, considering the nature of the proposed use, context of the site, and design which does not adequately demonstrate active engagement with North Palm Canyon Drive.

STAFF ANALYSIS:

The appellant’s justification for filing an appeal is explained in Attachment D (Appeal Form) and Attachment E ( Appellants’ Supplement to Appeal Form ). The appellant’s primary reasons for filing the appeal and staff responses are summarized as follows:

1) Appellant disagrees with the Planning Commission’s interpretation of the intent of the General Plan Mixed-Use land use designation area and its determination that the proposed project is inconsistent with the intent of the General Plan. The appellant states that the Planning Commission’s decision to deny the application was based on the language of the Palm Springs 2007 General Plan, not Palm Springs 2040 General Plan, which had been adopted prior to the Planning Commission’s project review. The project site is zoned C -1 (Retail Business) in which the proposed land use is permitted by right and the proposed project is consistent with the intent of the Mixed-Use General Plan land use designation area as explained in depth in Attachments D and E. Staff notes that the General Plan sections that were referenced by the Planning Commission (pages 2-32 and 2-30 of Palm Springs 2007 General Plan) remain in the updated General Plan , though Item 2F - Page 4
the location of the specific sections have changed (now on pages 2-38 and 2-41 of Plam Springs 2024 General Plan.

2) At the Planning Commission’s initial review of the proposed project on February 26, 2025, no discussion took place with regards to the proposed project not being consistent with the intent of the General Plan, which later beca me the basis for denial at the March 25, 2025 meeting. The General Plan inconsistency issue was discussed by the Planning Commission for the first time at the March 25, 2025 meeting. At the February 26, 2025 meeting, the Planning Commission directed the applicant to address specific issues that were not related to land use (e.g. entrance location, floor plan, glazing application, landscape). These comments were incorporated into the revised plans which were reviewed by the Planning Commission on March 25, 2025.

3) O nly two of four Planning Commission ers who voted for denial expressly raised the issue of the General Plan at the March 25, 2025 meeting. The other two Commissioners who voted for denial voiced concerns relating to the design (e.g. building design, floor plan layout, and orientation to the street) but not the issue of the General Plan. Staff notes, however, that all four members voted for a motion to deny the project based on General Plan inconsistency following discussion.

4) The draft resolution of denial , which accurately reflected the Planning Commission’s discussion and conclusion at the March 25, 2025 meeting, was revised before the meeting. The revised/final resolution of denial (Attachment I) adopted by the Planning Commission on April 8, 2025 includes information that was not discussed at the March 25, 2025 Planning Commission meeting. Staff notes that the draft resolution of denial was modified by the Planning Commission as it included affirmative findings in error that the Commission did not make or include in their motion. The adopted resolution accurately reflects their decision.

ENVIRONMENTAL ASSESSMENT
:

If the applicant’s appeal request is denied, the action will be statutorily exempt from the terms of the California Environmental Quality Act (“CEQA”), because “CEQA does not apply to projects which the public agency rejects or disapproves” per Section 15270(a) of the CEQA Guidelines. Should the City Council decide to approve this project, however, the proposed development is considered a “project” pursuant to the terms of the California Environmental Quality Act (“CEQA”) and has been determined to be categorically exempt pursuant to Section 15332 of the CEQA Guidelines (Class 32, In- fill Development Projects).

Item 2F - Page 5
CONCLUSION:

The City Council may uphold the Planning Commission’s decision and deny the appeal.

Alternatively, the Council may grant the appeal, determine the project meets the required findings of the Zoning Code, thereby approving the project.

FISCAL IMPACT:

None.

REVIEWED BY:

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

ATTACHMENTS:

A. Vicinity Map
B. Draft City Council Resolution (Denial Resolution)
C. Draft City Council Resolution & Exhibit A (Approval Resolution) D. Appeal Form
E. Addendum (Received on April 24, 2025) – Appellants’ Supplement to Appeal Form F. Planning Commission Staff Report dated February 26, 2025 G. Planning Commission Staff Report dated March 25, 2025 H. Excerpts of Planning Commission meeting minutes relative to the project I. Resolution No. 6978 (Resolution of Denial)
J. Plans reviewed by the Planning Commission on February 26, 2025 K. Plans denied by the Planning Commission on March 25, 2025 L. Addendum (Received on April 15 & 17, 2025) - Proposed Revised Development Plans

Item 2F - Page 6

ATTACHMENT A
Item 2F - Page 7

Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS

Case APPL-2025-0002
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APN: 505-184-028
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Item 2F - Page 8

ATTACHMENT B
Item 2F - Page 9
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY

MCWHIRTER REALTY PARTNERS AND UPHOLDING THE
PLANNING COMMISSION’S DECISION TO DENY A MAJOR
DEVELOPMENT PERMIT APPLICATION, CASE DP- 2024-
0009, FOR THE CONSTRUCTION OF A NEW 4,012 -

SQUARE-FOOT COMMERCIAL BUILDING FOR A PAINT
STORE ON A 0.38-ACRE UNDEVELOPED PARCEL

LOCATED NEAR THE SOUTHEAST CORNER OF NORTH

PALM CANYON DRIVE AND EAST STEVENS ROAD, ZONE
C-1, SECTION 10 (CASE APPL-2025-0002).

WHEREAS, McWhirter Realty Partners, (the “Applicant”) has filed Case DP-2024- 0009, a Major Development Permit Application, in accordance with Section 94.04. 01 (Development Permit) of the Palm Springs Zoning Code to construct a 4,012- SF commercial building for a Sherwin-Williams paint store at a 0.38-acre undeveloped parcel located near the southeast corner of North Palm Canyon Drive and West Stevens Road (APN: 505-184-028), Zone C-1; and

WHEREAS, on February 26, 2025, a public meeting on Case DP-2024-0009 was held by the Planning Commission in accordance with applicable law, and the Planning Commission voted unanimously to continue the item for further review to address the following: 1) A true, functional entrance is required on the North Palm Canyon Drive frontage; 2) The floor plan needs to be reconfigured to accommodate a functional entrance on the North Palm Canyon Drive frontage; 3) Glazing application on the North Palm Canyon Drive elevation needs to be expanded; and 4) Stronger landscape treatment with layered plant materials is desirable along the North Palm Canyon Drive frontage; and

WHEREAS, on March 25, 2025, a public meeting on Case DP -2024-0009 was held by the Planning Commission in accordance with applicable law, and the Planning Commission voted 4 (Aylaian, Weremiuk, Rotman, Morrill) to 3 (Baker, Miller, Murphy) to deny the application based on the findings that the proposed project is not consistent with the intent of the General Plan; and

WHEREAS, on April 3, 2025, McWhirter Realty Partners timely filed an appeal to the City Council of the March 25, 2025 Planning Commission’s decision to deny Case DP-2204-0009 in accordance with applicable law; and

WHEREAS, on April 8, 2025, the Planning Commission adopted a resolution of denial (Resolution No. 6978) to deny Case DP-2024-0009; and

WHEREAS, on May 14, 2025, an appeal hearing on Case APPL-2025-0002 was held by the City Council in accordance with applicable law; and

WHEREAS, the proposed project is statutorily exempt from the terms of the Item 2F - Page 10
California Environmental Quality Act (“CEQA”), because “ CEQA does not apply to projects which the public agency rejects or disapproves ” per Section 15270(a) of the CEQA Guidelines; and

WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the Project, including but not limited to the staff report, all environmental data including the environmental assessment prepared for the project and all written and oral testimony presented; and

WHEREAS, pursuant to Section 94.04.01(D) (Development Permit – Criteria and Findings) of the Palm Springs Zoning Code, the City Council finds that, based upon the following factors, the proposed project is not consistent with the intent of the General Plan as detailed below:

1. The proposed project is consistent with the General Plan and any applicable specific plan;

The project site is an undeveloped parcel located in the Uptown Mixed-Use Area, which is one of eight distinct, focused areas specifically defined in the General Plan. The intent of the mixed- use areas is that “ The mix of uses should promote civic activity, define neighborhood character, and provide places for people to meet and socialize, enhancing the area’s overall quality of life. These areas are intended to provide services and distinct gathering places and activity centers for surrounding neighborhoods and businesses.

Introduction of mixed-use development should be targeted for vacant and underperforming sites or areas where the City wants to create a stronger concentration of activity. ” (Palm Springs 2040 General Plan, Page 2- 38, Paragraph 1)

According to the General Plan, these mixed -use areas are special areas that are “envisioned to be pedestrian friendly with higher densities and intensities than the typical patterns of segregated uses. The mixed- use designation provides the City with the ability and authority to be more proactive in land use decisions for focused areas where new growth and development is desired.” (Palm Springs 2040 General Plan, Page 2-37)

In particular, the Uptown Mixed- Use Area is described as follows: “A collection of art galleries and boutiques are located here, along with a regional medical center and related medical and professional office uses. A more vibrant retail/ commercial area serving the needs of the adjacent residential neighborhoods of Las Palmas, Vista Las Palmas, Movie Colony, and Ruth Hardy Park are needed in this area.” (Palm Springs 2040 General Plan, Page 2-41, Paragraph 1) Specifically, according to the General Plan, in the Uptown Mixed- Use Area “a concentrated mix of uses here could stimulate activity and create a sense of place by connecting new residential uses with the nearby medical offices, including the Desert Resort Regional Medical Center, and specialty shopping in the Heritage District. The primary Item 2F - Page 11
purpose of a mixed-use center in the Uptown area is to generate a synergy between complementary uses that can ultimately result in a gathering place for residents and businesses in the northern end of the City.” (Palm Springs 2040 General Plan, Page 2- 41, Paragraph 2). After consideration of the proposed paint store and public testimony, the Planning Commission determines that the project is not pedestrian friendly and the use does not generate such synergy or c reate a gathering place for residents or businesses.

The General Plan further states “Introduction of mixed- use development should be targeted for vacant and underperforming sites or areas where the City wants to create a stronger concentration of activity” in the MU land use designation area (Palm Springs 2040 General Plan, page 2-38). The subject site is vacant and one of very few such sites in this MU area. Consequently, development opportunities are limited here. Therefore, the proposed use on this vacant parcel would adversely impact the possibility of achieving the City’s goal for the Uptown Mixed-Use Area.

The proposed use is permitted by right in the C -1 Zone per PSZC Section

92.12.01(A)(29), but it serves vehicular traffic and commercial businesses almost exclusively, and does not fulfil the General Plan objective of creating a stronger concentration of activity or a stronger sense of community with the neighboring residential uses, including the senior apartments under construction directly across the street, or the nearby medical and specialty shopping in the Heritage District, as targeted by the General Plan.

Therefore, the finding of consistency with the General Plan is not met.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. T hat the foregoing Recitals are true and correct and are incorporated herein by this reference.

SECTION 2. That the proposed project is statutorily exempt from the terms of the California Environmental Quality Act (“CEQA”), because “ CEQA does not apply to projects which the public agency rejects or disapproves ” per Section 15270(a) of the CEQA Guidelines.

SECTION 3. That the City Council hereby denies the appeal by McWhirter Realty Partners and upholds the Planning Commission’s decision to deny Major Development Permit application, Case DP -2024-0009, for the construction of a 4,012- SF commercial building for a Sherwin- Williams paint store at a 0.38- acre undeveloped parcel located near the southeast corner of North Palm Canyon Drive and West Stevens Road (APN:
505-184-028), Zone C-1, Section 10.

Item 2F - Page 12

ADOPTED THIS 14TH DAY OF MAY, 2025._______________, _________.

SCOTT STILES, CITY MANAGER
City of Palm Springs, California
ATTEST:

BRENDA PREE, MMC

CITY CLERK
Item 2F - Page 13

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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

BRENDA PREE, MMC

CITY CLERK
Item 2F - Page 14

ATTACHMENT C
Item 2F - Page 15
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, OVERTURNING THE
PLANNING COMMISSION’S DECISION TO DENY AND

APPROVING A MAJOR DEVELOPMENT PERMIT
APPLICATION, CASE DP- 2024-0009, FOR THE
CONSTRUCTION OF A NEW 4,012 -SQUARE-FOOT
COMMERCIAL BUILDING FOR A PAINT STORE ON A 0.38-

ACRE UNDEVELOPED PARCEL LOCATED NEAR THE

SOUTHEAST CORNER OF NORTH PALM CANYON DRIVE
AND EAST STEVENS ROAD, ZONE C -1, SECTION 10
(CASE APPL-2025-0002).

WHEREAS, McWhirter Realty Partners, (the “Applicant”) has filed Case DP-2024- 0009, a Major Development Permit Application, in accordance with Section 94.04. 01 (Development Permit) of the Palm Springs Zoning Code to construct a 4,012- SF commercial building for a Sherwin-Williams paint store at a 0.38-acre undeveloped parcel located near the southeast corner of North Palm Canyon Drive and West Stevens Road (APN: 505-184-028), Zone C-1; and

WHEREAS, on February 26, 2025, a public meeting on Case DP-2024-0009 was held by the Planning Commission in accordance with applicable law, and the Planning Commission voted unanimously to continue the item for further review to address the following: 1) A true, functional entrance is required on the North Palm Canyon Drive frontage; 2) The floor plan needs to be reconfigured to accommodate a functional entrance on the North Palm Canyon Drive frontage; 3) Glazing application on the North Palm Canyon Drive elevation needs to be expanded; and 4) Stronger landscape treatment with layered plant materials is desirable along the North Palm Canyon Drive frontage; and

WHEREAS, on March 25, 2025, a public meeting on Case DP -2024-0009 was held by the Planning Commission in accordance with applicable law, and the Planning Commission voted 4 (Aylaian, Weremiuk, Rotman, Morrill) to 3 (Baker, Miller, Murphy) to deny the application based on the findings that the proposed project is not consistent with the intent of the General Plan; and

WHEREAS, on April 3, 2025, McWhirter Realty Partners timely filed an appeal to the City Council of the March 25, 2025 Planning Commission decision to deny Case DP- 2204-0009 in accordance with applicable law; and

WHEREAS, on April 8, 2025, the Planning Commission adopted a resolution of denial (Resolution No. 6978) to deny Case DP-2024-0009; and

WHEREAS, on May 14, 2025, an appeal hearing on Case APPL-2025-0002 was held by the City Council in accordance with applicable law; and

WHEREAS, the proposed development is considered a “project” pursuant to the Item 2F - Page 16
terms of the California Environmental Quality Act (“CEQA”), and has been determined to be categorically exempt pursuant to Section 15332 of the CEQA Guidelines (Class 32, In-fill Development Projects) due to the following reasons: 1) The project is consist ent with the applicable General Plan and all applicable General Plan policies, as well as the applicable zoning designation and regulations; 2) The project site is less than five acres in size and located in an urbanized area within the City limit; 3) The project site does not have any value as a habitat for endangered, rare of threatened species; 4) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and 5) The site can be adequately served by all required utilities and public services.

WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the Project, including but not limited to the staff report, all environmental data including the environmental assessment prepared for the project and all written and oral testimony presented; and

WHEREAS, pursuant to Section 94.04.01(D) (Development Permit – Criteria and Findings) of the Palm Springs Zoning Code, the City Council finds that, based upon the following factors, the proposed project meets the required findings for approval as detailed below:

1. The proposed project is consistent with the General Plan and any applicable specific plan;

One of the intended uses of the MU land use designation area is community-serving retail commercial (Palm Springs 2040 General Plan, page 2-15), which is consistent with the proposed use. The maximum Floor Area Ratio (FAR) allowed for non- residential uses in the MU designation area is 0.50, and the project meets this density requirement also since 0.24 FAR is proposed.

2. The proposed uses are in conformance to the use permitted in the zone district where the site is located, and are not detrimental to adjacent properties or residents;

Pursuant to PSZC Section 92.12.01(A)(29), the proposed use is permitted by right in the C-1 Zone. The proposed use is a retail store, and there are no industrial activities (e.g. paint manufacturing) proposed at the site. The site is located on a prominent commercial corridor, and the proposed use is comparable to other retail uses. Hence, the use will not create detrimental impacts on the adjacent properties or residents.

3. The proposed project is in conformance to the property development standards for the zone district where the site is located;

The proposed project meets the C -1 Zone development standards except for the outdoor lighting. The proposed outdoor lighting does not fully meet Item 2F - Page 17
the applicable development standards; however, the implementation of condition of approval PLN 1 would address this issue. Such a feature can be modified to conform to the zoning code without requiring significant changes or altering the character of the project. Therefore, the proposed project meets this finding as conditioned.

4. The proposed height and massing of the project is consistent with applicable standards and compatible with adjacent development;

The proposed 18-foot-high single-story building is less than the maximum building height permitted in the C -1 zone which is 30 feet. The site abuts single-story buildings on all sides except for the west side. While the size of the proposed building is slightly larger (by 1,200 ~ 1,400 SF) than the abutting developments to the north and south due to its larger lot size, the massing of the proposed building is relatively compatible with the adjacent developments, and it is contextually appropriate.

5. The proposed setbacks and placement of the building are consistent with applicable standards and consistent with setbacks of adjacent buildings;

The proposed project meets the C -1 Zone minimum yard setback requirements. Generally, the project proposes wider setbacks than the abutting properties. The front yard setback is compatible with the adjacent developments which provide zero (North) and approximately 17 feet (South).

6. The site for the proposed project has adequate access to streets and highways property designed and improved to carry the type and quantity of traffic to be generated by the proposed uses, and the design for the site plan enhances or continues the city’s existing grid in accordance with the Circulation Plan of the General Plan;

The site is easily accessible from North Palm Canyon Drive, and the street is adequate to accommodate the amount of traffic expected to be generated by the proposed project. There are two existing driveway approaches at the site that are nonconforming to the current City standards, which will be reconstructed in accordance with the current design standards as a part of the project. The project site is an existing lot, and it will not affect the existing circulation grid and transportation pattern. As stipulated in Conditioned (ENG 3), a 5- foot-wide dedication may be required to provide the ultimate half street right-of-way width of 50 feet. Traffic and access will be adequate with the dedication and widening of North Palm Canyon Drive per the condition of approval.

7. On-site circulation conforms to minimum standards, and accommodations are made for safe on-site pedestrian circulation;

Item 2F - Page 18
The proposed on- site circulation meets the minimum off -street parking standards such as the driveway width and separation distance requirement between the two (2) driveway approaches. Additionally, the project proposes a designated pedestrian path at the northeast corner of the building for access to the parking spaces located farthest from the building.

8. Landscape areas and open space are in conformance to applicable standards, and the design of stormwater management features are appropriately integrated with other elements of the site design;

The project site is designed with a 5- foot-wide landscape buffer, and 53% of the proposed parking area will be shaded. The preliminary grading plan indicates that the water collected on- site will be directed towards the stormwater drainage chamber located at the southwest corner of the site via sloped ground surface and a landscape drainage located in the north planting bed. Considering the proposed grading and site design, the locations of the stormwater management features are appropriate.

9. Public infrastructure, such as water, sewer, and similar utilities, is adequate to serve the proposed project;

The project site is immediately adjacent to a major thoroughfare in an urbanized area, and it is accessible to public utilities and infrastructure.

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

The proposed development is considered a “project” pursuant to the terms of the California Environmental Quality Act (“CEQA”), and has been determined to be categorically exempt pursuant to Section 15332 of the CEQA Guidelines (Class 32, In- fill Developmen t Projects) due to the following reasons: 1) The project is consistent with the applicable General Plan and all applicable General Plan policies, as well as the applicable zoning designation and regulations; 2) The project site is less than five acres in size and located in an urbanized area within the City limit; 3) The project site does not have any value as a habitat for endangered, rare of threatened species; 4) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and 5) The site can be adequately served by all required utilities and public services.

11. The proposed project has no unacceptable adverse effects on public welfare, health or safety.

Item 2F - Page 19

The proposed project is consistent with the intent and policies of the General Plan and zoning code, including the C -1 Zone development standards as conditioned. In addition to the adequate separation distance provided between the site and its abutting properties, the proposed building is compatible with the surrounding developments in terms of massing and scale. Additionally, the proposed retail use at the site is comparable to other commercial uses that are found on North Palm Canyon Drive, which is the most prominent commercial corridor in the City. Finally, the project will be implemented in accordance with applicable law to ensure the public welfare, health, or safety such as the Building Code and Fire Department regulations.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. T hat the foregoing Recitals are true and correct and are incorporated herein by this reference.

SECTION 2. That the proposed development is considered a “project” pursuant to the terms of the California Environmental Quality Act (“CEQA”), and has been determined to be categorically exempt pursuant to Section 15332 of the CEQA Guidelines (Class 32, In-fill Development Projects) due to the following reasons: 1) The project is consistent with the applicable General Plan and all applicable General Plan policies, as well as the applicable zoning designation and regulations; 2) The project site is less than five acres in size and located in an urbanized area within the City limit; 3) The project site does not have any value as a habitat for endangered, rare of threatened species; 4) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and 5) The site can be adequately served by all required utilities and public services.

SECTION 3. That the City Council hereby overturns the March 25, 2025 Planning Commission’s decision to deny and hereby approves Major Development Permit application, Case DP-2024-0009, subject to the conditions of approval included in Exhibit A, for the construction of a 4,012- SF commercial building for a Sherwin- Williams paint store at a 0.38-acre undeveloped parcel located near the southeast corner of North Palm Canyon Drive and West Stevens Road (APN: 505-184-028), Zone C-1, Section 10.

Item 2F - Page 20

ADOPTED THIS 14TH DAY OF MAY, 2025._______________, _________.

SCOTT STILES, CITY MANAGER
City of Palm Springs, California
ATTEST:

BRENDA PREE, MMC

CITY CLERK
Item 2F - Page 21

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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

BRENDA PREE, MMC

CITY CLERK
Item 2F - Page 22
RES
OLUTION NO. _______

EXHIBIT A

Sherwin-Williams Paint Store
APN: 505-184-028
Major Development Permit No. 2024-0009 Appeal (APPL-2025-0002)

May 14, 2025

CONDITIONS OF APPROVAL

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

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

ADMINISTRATIVE CONDITIONS

ADM 1. Project Description. This approval is for the project described per Case DP- 2024-0009; except as modified with the conditions below; ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, including site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Department of Planning Services except as modified by the approved conditions below.

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

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

ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Cas e DP-2024-0009. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against Item 2F - Page 23
the C
ity of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs .

Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent, but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein.

ADM 6. Maintenance and Repair . The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner’s sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City.

ADM 7. Time Limit for Development. The time limit for the commencement of construction under a Development Permit approval shall be two (2) years from the effective date of the approval. Extensions of time may be granted pursuant to the requirements of PSZC Section 94.12.00. The time extension application must be filed at least 60 days before the entitlement is due to expire.

ADM 8. Effective Date. This Development Permit approval shall become effective after an elapsed period of six (6) months from the date of the decision of the approval authority or after the approval of the associated Major Architectural Review application, whichever occurs first.

ADM 9. Right to Appeal . The decision of the Planning Commission regarding this Development Permit application shall be final unless appealed to the City Council. The appeal procedure shall be pursuant to Chapter 2.05 of the Palm Springs Municipal Code. Permits will not be issued until the appeal period has concluded.

ADM 10. Public Art Fees . This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in- lieu fee. In the case of the in- lieu fee, the fee shall be based upon the total Building Permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total Item 2F - Page 24
buil
ding permit valuation for individual single -family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the artwork and protect the public rights of access and viewing.

ADM 11. Comply with City Noise Ordinance . This use shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code.

Violations may result in revocation of this Conditional Use Permit.

ENVIRONMENTAL ASSESSMENT CONDITIONS

ENV 1. California Fish & Game Fees Required. Filing of a Notice of Determination (NOD) is required for the project . Applicant shall submit a required filing fee to the Department of Planning Services immediately after the Major Architectural Review application is approved.

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

ENV 3. Cultural Resource – Discovery of Human Remains . Should human remains be discovered during construction of the proposed project, the project contractor would be subject to either the State law regarding the discovery and disturbance of human remains or the Tribal burial protocol. In either circumstance all destructive activity in the immediate vicinity shall halt and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5. If the remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) shall be contacted. The NAHC will make a determination of the Most Likely Descendent (MLD). The City and Developer will work with the designated MLD to determine the final disposition of the remains.

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

ENV 5. Cultural Resource Site Monitoring. There is a possibility of buried cultural or Native American tribal resources on the site. A Native American Monitor shall be present during all ground- disturbing activities. (check for duplication in engineering conditions)
Item 2F - Page 25
a. The
presence of an approved Agua Caliente Native American
Cultural Resource Monitor(s) during any ground disturbing activities (including archaeological testing and surveys). Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified Archaeologist (Secretary of the Interior’s Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Tribal Historic Preservation Office.
b. Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning Department prior to final inspection.

PLANNING DEPARTMENT CONDITIONS

PLN 1. Outdoor Lighting Conformance. Outdoor lighting shall fully conform to the requirements of the Outdoor Lighting Standards (PSZC Section 93.21.00).

Outdoor lighting shall not produce disability glare, discomfort glare, light trespass, and/or light pollution as defined in Palm Springs Zoning Cod e Sections 93.21.00(A)(7), (8), (9), and (10).

PLN 2. Water Efficient Landscaping Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs Municipal Code and all other water efficient landscape ordinances. The applicant shall submit a landscape document package prepared in accordance with PSMC Section 8.60.050(a) to the Department of Planning Services for a review after the final landscape plan is approved via a Major Architectural Review application review.

PLN 3. Final Landscape Plan. The final landscape plan approved by the City shall be approved by the Riverside County Agricultural Commissioner’s Office.

Applicant shall submit a proof of the approval to the Department of Planning Services.

PLN 4. Sign Application Required. Signage shall be reviewed and approved via a Sign Permit application in accordance with PSZC Section 93.20.00.

PLN 5. Screen Roof-mounted Equipment. All rooftop mechanical equipment shall be screened in accordance with PSZC Section 93.03.00.

PLN 6. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be permitted on any facade on the proposed building.

Item 2F - Page 26
PLN

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

PLN 8. Outside Storage and Display Prohibited. Outside storage and/or display of all goods, including merchandise and materials, is prohibited, unless such an activity is first reviewed and approved by the Department of Planning Services.

PLN 9. Major Architectural Review Approval Required. In conjunction with this Major Development Permit application approval, the proposed project requires the approval of a Major Architectural Review application by the Architectural Review Committee (ARC). Applicant shall obtain Major Architectural Review approval.

PLN 10. Door on the North Palm Canyon Drive Frontage. The entrance door on the North Palm Canyon Drive (West) elevation shall be kept open during business hours.

BUILDING & SAFETY CONDITIONS

The Following Standard Building & Safety Conditions of Approval a re applicable to this project:

BLDG 1. Separate permits are required for trash enclosures, signs, PV (Photovoltaic), and construction trailers.

BLDG 2. Grading & ROW permits are to be issued by the Department of Engineering Services.

BLDG 3. Utilities on the utility side of any meter are to be arranged with the respective Utility Company. Any utilities after a meter will be included in the Building & Safety Department’s scope of work for inspections.

General Conditions

1. Shall comply with the latest adopted edition of the following codes as applicable:

A. 2022 California Building Code
B. 2022 California Electrical Code
C. 2022 California Mechanical Code
D. 2022 California Plumbing Code
E. 2022 California Energy Code
F. 2022 California Fire Code
G. 2022 California Green Building Standards Code

Item 2F - Page 27

2. Any
temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project shall comply with the City Code.

3. All exterior lighting shall be oriented, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties.

5. All development impact fees including but not limited to TUMF, CVMSHCP, Sewer Connection and Public Arts shall be paid at time of permit issuance.

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

All Grading Plans, Improvement Plans, Required Studies and Documents listed below, must be submitted to Engineering Services Department for review and approval.

STREETS

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

ENG 2. The Engineering Services Department recommends deferral of off -site improvement items (identified as “ Deferred”) at this time due to lack of full improvements in the immediate area. The owner shall execute a street improvement covenant agreeing to construct all required street improvements upon the request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner(s) prior to approval of the Grading Plan or issuance of grading or building permits. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee in effect at the time that the covenant is submitted shall be paid by the applicant.

NORTH PALM CANYON DRIVE

ENG 3. Dedicate additional right-of-way to provide the ultimate half street right -of- way width of 50 feet along the entire frontage if needed as determined by the City Engineer or their designee. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A right -of-way plan check fee shall be paid by the applicant in effect at the time that the dedication is submitted. “Deferred”

Item 2F - Page 28
ENG

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

ENG 5. Remove the existing curb, driveway approaches and sidewalk located 30 feet east of centerline and replace with an 8 inch curb and gutter, driveway approaches and sidewalk to be located at 38 feet east of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No.200, 201 and 210. “Deferred”

ENG 6. Construct pavement with a minimum pavement section of 5 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. (Additional pavement removal and replacement may be required upon review of existing pavement cross -sections, and to ensure grade breaks of the pavement cross -section do not occur within a travel lane.) If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. “Deferred”

ENG 7. Remove existing driveway approaches (they do not meet current ADA standards) and construct new driveway approaches in accordance with City of Palm Springs Standard Drawing No. 201.

ENG 8. Remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards.

ENG 9. All broken or off grade street improvements along the project frontage shall be repaired or replaced.

ON-SITE

ENG 10. The on-site layout of drive aisles and parking spaces are subject to further review and approval by the City Engineer. Adjustment of, deletion or relocation of proposed parking spaces may be required during review and approval of construction plans for on- site improvements, as required by the City Engineer. Approval of the preliminary site plan does not constitute approval of the on- site layout of streets and parking spaces as proposed.

ENG 11. If any new pavement is to be constructed as part of the project, the minimum pavement section for all on- site pavement for the drive aisles, Item 2F - Page 29
park
ing spaces, etc. shall be 2-1/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.

ENG 12. On-site drive aisles and parking lot shall be constructed with curbs, gutters, and cross -gutters, as necessary to accept and convey street surface drainage of the on- site streets to the on -site drainage system, in accordance with applicable City standards.

SANITARY SEWER

ENG 13. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes.

GRADING

ENG 14. Submit a Precise Grading Plan prepared by a California licensed civil engineer to the Engineering Services Department for review and approval.

The plan shall be approved by the City Engineer prior to grading permit issuance.

a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Services Department for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more “Coachella Valley Best Available Control Measures” as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant’s or its contractor’s Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Services Department with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related “PM10” Dust Control issues, please contact AQMD at (909) 396- 3752, or at http://www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Services Department prior to approval of the Grading plan.

Item 2F - Page 30
b. The f
irst submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report.

ENG 15. In accordance with an approved PM-10 Dust Control Plan, temporary dust control perimeter fencing shall be installed at the limits of grading and/or disturbed areas. Fencing shall have screening that is tan in color; green screening will not be allowed. Temporary dust control perimeter fencing shall be installed after issuance of Grading Permit and immediately prior to commencement of grading operations.

ENG 16. Temporary dust control perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into the perimeter fence screening shall not be allowed. Perimeter fencing shall be adequately anchored into the ground to resist wind loading.

ENG 17. Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on- site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer.

ENG 18. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall post with the City a cash bond of eight hundred dollars ($800) (if there is disturbance of 5,000 square feet or more) at the time of issuance of grading permit for mitigation measures for erosion/blowsand relating to this property and development.

ENG 19. A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Services Department with the first submittal of a grading plan. (if required)

ENG 20. The applicant shall provide all necessary geotechnical/soils inspections and testing in accordance with the Geotechnical/Soils Report prepared for the project. All backfill, compaction, and other earthwork shown on the approved grading plan shall be certified by a California registered geotechnical or civil engineer, certifying that all grading was performed in accordance with the Geotechnical/Soils Report prepared for the project. Documentation of all compaction and other soils testing are to be provided even though there may not be a grading plan for the project. Prior to issuance of Building Permits.

Item 2F - Page 31
EN
G 21. The applicant shall provide Grading Certification for all building (or structure) pads in conformance with the approved grading plan to the Engineering Services Department for review and approval prior to issuance of Building Permits.

ENG 22. In cooperation with the California Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved “Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties” (Revised - RIFA Form CA -1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 6819 East Gage Avenue, Commerce, CA 90040 (Phone (760) 782-3271, (562) 505-6415), [email protected].

WATER QUALITY MANAGEMENT PLAN

ENG 23. This project shall be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP’s) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP’s, including mechanical or other means for pre-treating contaminated stormwater and non- stormwater runoff, shall be required.

ENG 24. A Final Project-Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of approval of any grading plan. The WQMP shall address the implementation of operational Best Management Practices (BMP’s) necessary to accommodate nuisance water and storm water runoff from the site. Direct release of nuisance water to the adjacent property (or public streets) is prohibited. Construction of operational BMP’s shall be incorporated into the Precise Grading and Paving Plan.

ENG 25. Prior to issuance of any grading or building permits, the property owner shall record a “Covenant and Agreement” with the County -Clerk Recorder or other instrument on a standardized form to inform future property owners of the requirement to implement and maintain the approved Final Project-Specific Water Quality Management Plan (WQMP). Other alternative instruments for requiring implementation of the approved Final Project-Specific WQMP include: requiring the implementation of the Final Project-Specific WQMP in Home Owners Association or Property Owner Association Covenants, Conditions, and Restrictions (CC&Rs); formation Item 2F - Page 32
of L
andscape, Lighting and Maintenance Districts, Assessment Districts or Community Service Areas responsible for implementing the Final Project - Specific WQMP; or equivalent. Alternative instruments must be approved by the City Engineer prior to issuance of any grading or building permits.

DRAINAGE

ENG 26. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on- site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. The hydrology study shall be reviewed and approved prior to approval of any grading plan. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. No more than 40- 50% of the street frontage parkway/setback areas should be designed as retention basins.

On-site open space, in conjunction with dry wells and other subsurface solutions should be considered as alternatives to using landscaped parkways for on-site retention.

ENG 27. The project is subject to flood control and drainage implementation fees pursuant to Resolution 14082. The acreage drainage fee at the present time is $10,961.65 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit.

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

GENERAL

ENG 29. Any utility trenches or other excavations within existing asphalt concrete pavement of off -site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115.

ENG 30. All proposed utility lines shall be installed underground.

Item 2F - Page 33
EN
G 31. The record property owner shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of a grading permit. A current title report or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee in effect at the time that the covenant is submitted shall be paid by the applicant.

ENG 32. All existing utilities shall be shown on the improvement plans if required for the project. The existing and proposed service laterals shall be shown from the main line to the property line.

ENG 33. Upon approval of any improvement plan (if required) by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD drawing filetype) and PDF (Adobe Acrobat document filetype) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval by the City Engineer.

ENG 34. The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented with record drawing “as -built” information and returned to the Engineering Services Department prior to issuance of a final certificate of occupancy.

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

ENG 35. Nothing shall be constructed or planted in the corner cut -off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section

93.02.00, D.

ENG 36. All proposed trees within the public right -of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904.

MAP

ENG 37. The existing parcels identified as Lots 2 and 3 of the Palm Springs Estates No. 3 Map, Map Book 17, Page 34 (APN #505- 184-028), shall be merged.

An application for a parcel merger shall be submitted to the Engineering Services Department for review and approval. A copy of a current title report and copies of record documents shall be submitted with the Item 2F - Page 34
appli
cation for the parcel merger. The application shall be submitted to and approved by the City Engineer prior to issuance of building permit.

TRAFFIC

ENG 38. A minimum of 48 inches of clearance for accessibility shall be provided on public sidewalks. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement if necessary and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the frontage of the subject property.

ENG 39. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and streetlights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy.

ENG 40. Construction signing, lighting and barricading shall be provided during all phases of construction as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 “Temporary Traffic Control” of the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction.

FIRE DEPARTMENT CONDITIONS:

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

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

FID 2. Fire Department Conditions were based on the 2022 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix “T” Development Requirements and latest adopted NFPA Standards. A complete set of plans for fire sprinkler system plans, underground water improvement plans, & fire alarm plans must be submitted prior to a building permit being released.

FID 3. Conditions of Approval – “Conditions of Approval” received from the Palm Springs Planning Department must be submitted with each plan set.

Failure to submit will result in a delay of plan approval.

Item 2F - Page 35
FI
D 4. Plans and Permits (CFC 105.1):

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

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

FID 6. Required access (CFC 504.1): Exterior doors and openings required by this code or the California Building Code shall be maintained readily accessible for

FID 7. Key Box Required to be Installed (CFC 506.1): Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life- saving or fire- fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be flush mount type and shall contain keys to gain necessary access as required by the fire code official.

Secured emergency access gates serving apartment, town home or condominium complex courtyards must provide a key box in addition to association or facility locks. The nominal height of Knox lock box installations shall be 5 feet above grade. Location and installation of Knox key boxes must be approved by the fire code official.

FID 8. Key Box Contents (CFC 506.1): The Knox key box shall contain keys to all areas of ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms, mechanical rooms, elevator rooms, elevator controls, plus a card containing the emergency contact people and phone numbers for the building/complex.

FID 9. NFPA 13 Fire Sprinkler Systems Required: An automatic fire sprinkler system is required. Only a C -16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13, 2016 Editions, as modified by local ordinance. Fire pumps maybe also be required due to the size of the building.

Item 2F - Page 36

FI
D 10. Fire Alarm System s Required: An automatic or manual fire alarm system is required. Only a C -10 licensed fire alarm contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 72, 2016 editions, as modified by local ordinance.

FID 11. Turning Radius: Fire access road turns and corners shall be designed with a minimum inner radius of 25 feet and an outer radius of 43 feet.

FID 12. Dead Ends: Dead-end fire apparatus roads in excess of 150 feet in length shall be provided with an approved area for turning around a fire apparatus.

FID 13. Designated Fire Lanes: in private developments shall be not less than 24 feet wide (curb face to curb face) with no parking on either side and shall be identified as afire lanes with red curb, stating in white lettering “ NO PARKING FIRE LANE”, or by approved signage, or by both red curb with lettering and signage.

FID 14. Fire Department Access Roads/Driveways: Shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150 feet from such roads.

FID 5. Private Fire Hydrants: Additional private hydrants may be required.

END OF CONDITIONS
Item 2F - Page 37

ATTACHMENT D
Item 2F - Page 38
Appeal Form
Formulario de Apelaci6n
City of Palm Springs
Reserved for Filing Stamp

RECEIVED
APR · 3 2025
TEL (760) 323-8204 1 FAX (760) 322-8332 OF ·rcE OF THE CITY CLE ~K McWHIRTER REALTY PARTNERS

ADDRESS / DIRECCI N
3100 Pinebrook Rd., Suite 2600 A

CITY /CIUDAD STATE/ ESTADO
Park City UT
[email protected]

PHONE/ TELEFONO
(770) 575-0030

ZIP/ C DIGO FAX/ EL FAX
POSTAL
84098

SUBJECT OF APPEAL/ OBJECTO DE APELACION
The date the decision being appealed was rendered/ rrhe application or project was entitled I La aplicac16n o La fecha en que se emlti6 la decisi6n que se esta apelando: Proyecto tenra derecho:

Request by McWhirter Realty Partners for
March 25, 2025 Approval of a Major Development Permit.

Case DP-2024-0009

SPECIFY THE BASIS FOR THE APPEAL IN DETAIL (YOU MAY USE AS MANY ADDITIONAL SHEETS AS NECESSARY)/

ESPECIFIQUE LA BASE PARA LA MEDIDA EN DETALLE (PUEDE UTILIZAR TANTAS HOJAS AOICIONALES COMO SEA NECESARIO):

Argument In Support of Reversal:

1. The staff report of February 26, 2025, recommended that the Planning Commission adopt the draft resolution pre~ared by staff and approve the project subject to the conditions of approval recommended by staff. The staff report speci 1cally stated that, "one of the intended uses of the MU land use designation area is community-serving retail commercial (Palm Springs General Plan 2040, page 2-15), which is consistent with the proposed use .... " Despite some minor deficiencies and the need for certain corrections, the February 25, 2025, staff report concluded, "the proposed project is generally consistent with the General Plan and meets the applicable developmental standards, except for ... Therefore, staff recommends that the Planning Commission approve the Major Permit application, Case DP-2400-0009, subject to the conditions of approval recommended by staff.'

2. The location of the project is zoned C-1. Section 92.12.01 of the Zoning Regulations specifically provides, at paragraph 29, for the permitted use of hardware and appliance stores. The proposed paint store falls within this permitted use.

I

3. At the Planning Commission hearing on February 25, 2025, the Commission did not discuss any issue with either (cont.)

FOR STAFF USE ONLY
D Appeal to City Council  Appeal to Administrative Appeal Board This completed form must be sent to:

City of Palm Springs Office of the City Clerk
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
Item 2F - Page 39
either the General Plan or the Zoning requirements. Instead, the Planning Commission focused on items that were more appropriate for consideration by the Architectural Review Committee.

4. The Planning Commission continued the matter with direction for the appellant to address four issues: (a) A true, functional entrance is required on the North Palm Canyon Drive frontage, (b) The floor plan needs to be reconfigured to accommodate a functional entrance on the North Palm Canyon Drive frontage, (c) Glazing application on the North Palm Canyon Drive elevation needs to be expanded, and (d) Stronger landscape treatment with layered plant materials is desirable along the North Palm Canyon Drive frontage.

5. Appellant made the requested changes, and the matter was back before the Planning Commission on March 25, 2025. The memorandum prepared by the Department of Planning Services, again, recommended that the Planning Commission adopt the attached draft resolution and approve the project subject to the conditions of approval recommended by staff.

6. At the March 25, 2025, hearing, for the first time, Chair Weremiuk and Vice-Chair Aylaian voiced their concern about the project not complying with the Mixed Use General Plan for the Uptown District. The City Attorney was not impressed with Chair Weremiuk's reasoning about non-compliance stating that the General Plan is general in nature and that it will, at times, conflict with a permitted use under the Zoning regulations. Vice-Chair Ayalian followed up on the City Attorney's comments, citing to pages 2-30 through 2-32 of the 2007 General Plan stating that although the project is a permitted use, it really isn't consistent with the vibe of the Uptown District. Basically, the project itself is an acceptable project, just not in the Uptown District. It appeared to appellant that the Planning Commissioners had no issue with the project but just didn't want the project in the Uptown section of Palm Springs, despite it being in compliance with the general plan and a permitted use.

7. The 2040 General Plan, at page 2-15, provides that Mixed Use projects involve uses that are intended to include community-serving retail commercial, professional offices, service businesses, restaurants, daycare centers, public and quasi-public uses. The project-a Sherwin Williams paint store-is a community serving retail business. The new affordable housing across the street from the project and those residential units in Old Las Palmas, Vista Las Palmas, and Little Tuscany would greatly benefit from a local paint store for DYi, or hire-out projects. Notably, the Mixed Use for the Central Business District expressly mentions hardware stores as a favorable mixed use for the "Downtown's Residential Population." (page 2-7, 2007 General Plan). As such, the paint store must be a good mixed use for the Uptown District, as well.

8. The General Plan, at page 2-4 l, in considering what is currently located in the Uptown District states, "A more vibrant retail/commercial area serving the needs of the adjacent residential neighborhoods of Las Palmas, Vista Las Palmas, Movie Colony, and Ruth Hardy Park are needed in this area.
2 Item 2F - Page 40

9. Given the permitted use, the nature of the General Plan for this area and the need for more vibrant retail/commercial businesses serving the needs of the community, the Planning3 Commission's decision must be reversed. Contrary to the "feeling" of the chair and vice chair that the paint store is not what the Uptown District needs, it is exactly what it needs and it meets both the General Plan and a specific permitted use. It would be inappropriate to uphold the Planning Commission's decision when the project is a permitted use within a general plan that allows for it.

I 0. If appellant were buying an existing building, the use of the building as a paint store would be a permitted use and the planning commission would have had no say in the matter. Appellant has made every change requested by the Planning Commission, and appellant plans to submit revised plans to the building department after this appeal is filed showing its good-faith and willingness to meet the architectural changes that the Planning Commissioners discussed at the March 25, 2025 hearing.
3 Item 2F - Page 41

ATTACHMENT E
Item 2F - Page 42
, .
2 3
4 5
6 ULRICH R. McNULTY, BAR 0. 126889

SCHLECHT, SHEVLIN & SHO ENBERGER
A Law Corporation
801 East Tahquit z Canyon Way, # 100
P. 0 . Box 2744
Palm Sprin gs, Californi a 92263
Telephone (760) 320- 7 16 1
Telecopy (760) 323- 1758

RECEIVED
APR 2 ~ 2025

OFFICE OF THE CITY CLERK
K:IOATA\M\McWHIR TE R REAL TY PAR TNERS. LLa l4962.1\P- Supplem ent to Appcal.urm.wpd 7 ATTORNEYS FOR APPELLANT MCWHIRTER REAL TY PARTNERS, LLC 8 9
10 11

PALM SPRINGS CITY COUNCIL
(APPEAL OF PLANNING COMMISSION DECISION)
In the Matter of: The Major Development )
Permit Application to Construct a 4,012- )
12 Square-Foot Commercial Building on a )

0.38-Acre Undeveloped Parcel Located Near)
13 the Southeast Corner of North Palm Canyon)
Drive and West Stevens Road; (APN 505- )
CASE 0. DP-2024-0009

APPELLANT'S SUPPLEMENT TO ITS

APPEAL OF THE PLANNING

COMMISSION 'S DENIAL OF THE

MAJOR DEVELOPME T PERMIT
APPLICATION 14 184-028) Zone C-1, Section 10 )
15 )
) Date:

Time:
16 McWhirter Realty Partners , LLC.,
Appellant
)
)
)
)
Location:

May 14, 2025
5:30 p.m.
3200 E. Tahquitz Canyon
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19 20
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Appellant McWhirter Realty Partners, LLC., as appellant, hereby submit s its Suppl ement to Appeal filed in and received by the Office of the City Clerk for the City of Palm Sprin gs on April 3, 2025, as follows:

A. Original Appeal
Appellant hereby incorporates by this reference its original appeal as though set forth in full herein. A true a nd correct copy of that appeal is attached hereto as Exhibit l .

The original appeal was filed shortly after the Planning Commi ssion bearing on March 25, 26 202 5 based on the co mments made by the Planning Commi ssioners at the hearing and in confonnan ce 27 28
with the prop osed reso lution i ssued on April 3, 2025. A true a nd corr ect copy of the propo sed reso lution is atta ched hereto as Exhibit 2. The proposed reso lution's single paragraph addre ssing the - 1-
Supplement to Appeal Case o . DP-2024-0009
Item 2F - Page 43
general plan evidences the Plannin g Commission's discussion and conclu sion that the project does 2 not meet the "vibe " of Uptown, whi le all other requirement s are met. Later , on April 8, 2025 , the 3 propo sed resolution was updated , now inc luding five (5) paragraph s detailin g the General Plan 4 discussion- that did not ex ist at the hearing. Thi s revised reso lution, on the consent portion of the 5 agenda , was adopted at the hearing on April 8, 2025. 6 At the hearin g on March 25, 2025 , by a 4-3 vote, the Planning Commission decided to den y 7 the Major Development Permit Application ("App lication"). Only two commissioners (Weremiuk 8 and Aylaian) , howe ver, raised and discussed the issue of the General Plan. The oth er two 9 commiss ioners who opposed the App lication voiced concern only with the design of the buildin g, its Jo orientation to the street, and its floor plan . These concerns were simi lar concerns to the concerns J I vo iced at the hearing ofFebruary26 , 2025. Appellant addressed those concern s and made the required 12 changes . On March 25 2025 , three commiss ioners voiced no object ion to the applic ation and opposed 13 the denial based on non-complian ce with the General Plan . 14 Commissioners Weremiuk and Aylaian cited to the General Plan Land Use Documents, pages 15 2-30 to 2-32 of the 2007 Genera l Plan, as the basis for denial of tbe Application . 16 Based on this information , and as evidenced in the propo sed reso lution, Appell ant filed its 17 initial appeal.
18 8. Supplement to Appeal
19 Subsequent to filing its initial appeal, Appe llant recei ved tbe revised reso lution of the Plannin g 20 Commi ssion adopting certain additional findin gs in support of the denial of the App lication. 21 The revised reso lution contain s infonn ation and language that was neither presented, nor 22 discussed, at the Plannin g Commiss ion hearing on March 25, 2025. This new information and 23 language appear s to Appellant to bootstrap the reaso ning for tbe denial of the Application , when in 24 fact , the reason for the denial was clearly stated in the proposed resolution ; to wit, the propo sed project 25 did not meet the "vibe" of Uptown.
26 For this reason, Appellant supp lements its origina l appeal. 27 1. Appellant does not feel that he rece ived a fair hearing on March 25, 2025. Appellant 28 appeared after making the required changes from the February 26, 2025 , meetin g expecting approval; -2-
Supplement to Appeal Case o. DP-2024-0009
Item 2F - Page 44
and then, for the first time there is concern regarding the General Plan. The proposed resolution 2 reflected the Planning Commi ssion's discussion and reaso ning, only to have the adopted resolution 3 contain language and facts never before discussed.
4 2. The Planning Commission relied on the 2007 Genera l Plan in support of its decision. That 5 General Plan bad been superseded by the 2040 Gen eral Plan in January 2025, before the date of the 6 March 25, 2025, hearing;
7 3. The 2 040 General Plan did away with the dual use Mi xed/Multi- Use Area designations 8 (page 2-7, 2007 General Plan) and simply refers to Mixed Use (page 2-15 , 2040 General Plan). The 9 2040 General Plan retained the intended use language of "com munit y serving retail. .. ".

Io 4. The language relied on by the Planning Commission at the hearing on March 25, 2025, to 11 support the denial of the Applic ation is contained on pages 2-30 to 2-32 of the 2007 General Plan, 12 which is now found on pages 2-37 to 2-40 of the 2040 General Plan. The 2040 General Plan includes 13 additional language
14 5. Page 2-39 of the 2040 General Plan (in the paragraph above the chart) prov ides some of that 15 additi onal language. Specifically, it states, "While ... projects propo sed in mixed-use areas must 16 demonstrate consistency with the intent of the mixed -use designation for the specific district in which J 7 they are located. If the project does not support the intent of the designation, a general plan J 8 a mendment to a s ingle use designation may be required. Development. .. may be 19 implem ented ... throu gb zoning designations." The proposed use meets the zoning des ignat ion and is 20 consistent with the expectation created when Appellant confirmed with the city that the area was zone 2 1 commerc ial C-1. ( See Exhibit 3 attached hereto-a true and correct copy of the zoning lette r from the 22 city received by Appellant).
23 6. Page 2-41 of the 2040 Genera l Plan, dealing with Uptown, specifically states, "A collect ion 24 of art ga lleries and boutiqu es are locate d he re, along with a reg ional medica l center and related 25 medical and profess ion
al office uses. A more vibrant retail/commercial area serving the needs of 26 the adjace nt residential neighborhoods ... are needed in this area/ ' (Empha sis added). A Sherw in 27 Willi ams paint store on a small lot of 0.38 acres is a more vibrant retail business that would serve the 28 needs o f the a djacent neighborh oods. lt meets the needs of the neighborhoods relative to home -3-
Supplement to Appeal Case o. DP-2024-0009
Item 2F - Page 45
improvement projects, both inside and out. Given the current composition of art ga lleries, boutiqu es 2 and the regional medica l center with satellite offices , it is difficult to accept- much less 3 understand- how the S herwin Williams paint store does not meet the "vibe" of Uptown; especially , 4 when it is zoned for such busines ses.
5 7. The revised resolution , at page 3, paragraph I, contains the language that," ... the project 6 is not pedestrian friend ly, and the use does not generate such synergy or create a gathering place for 7 res idents or businesses." First, there was no evidence that the project was not pedestr ian friendly. 8 What does pedestrian friendly mean? Does it mean peop le can walk to it? Does it mean that people 9 can purchase goo ds and carry them home on foot or bicycle ? Why cou ldn't someone walk to the paint l O sto re and carry their purchase home, or go with a cart, purchase their suppli es and wa lk home with the 11 cart full?
12 8. The revised reso lution, at page 3, paragra ph I , contains the language that, "the use does not 13 generate such syne rgy or create a gathering place for residents or businesses." When more reta il 14 bus iness is s pecifica lly needed, what syne rgy is the Plannin g Commission looking for? What is a 15 gathering place for residents or businesses? Res idents don ' t gather at retail bus inesses unless they are 16 bars/resta urants
or art galleries. The 2040 Genera l Plan already recognizes the presence of art galleries 17 in Uptown and there are plenty ofrestaurants. So, what type of business is acceptab le in Uptown- o n 18 this site - if not a quality paint store in a beaut ifully designed building? J 9 9. Finally, on page 3, paragraph 3 of the revised resolution, it states , "The proposed use is 20 permitted by right in the C-1 Zone per PSZC Section 92. 12.0 1 (A)(29), but it serves vehicular traffic 2 1 and commercial traffic almost exc lusively .... " The city has determined that comme rcial uses are 22 appro priate on this site. The site is located on North Palm Canyo n, one of two main roadways in and 23 out of the city of Palm Springs. There is always vehicu lar traffic in this area. No netheless, there was 24 no evidence at the hearing that the proj ect wou ld serve vehicu lar traffic and comme rcial traffic almost 25 exclusively. Not any more than any of the other adjacent businesses. 26 C. Conclusion
27 The prop osed reso lution acc urately reflecte d the Plannin g Commi ssion's discussion and 28 conclusion at the hear ing of March 25, 2025. Concl udin g that the proj ect did not meet the vibe for -4-
Supplement to Appea l Case o. DP-2024-0009
Item 2F - Page 46
Uptown was insufficient support for the denial of the Application. Seeing their conclusion in print, 2 the Planning Commiss ion real ized they needed more to support the denia l; thus, the revised resolution . 3 Appe llant's due proce ss rights deserv ed better care. 4 With more care, and based all of the above mention ed reaso ns, Appellant respectfu lly requests 5 that the City Counci l reverse the decision of the Planning Co mmission of Marc h 25, 2025 , and 6 approve the App lication.
7 8 DATED: April 24, 2025 Respectfull y submitted
9 SCHLECHT , SHEVLIN & SHOENBERGE R, ALC
10 1 I
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Supp lement to Appea l Case No. DP-2024-0009
Item 2F - Page 47
.,. .

EXHIBIT 1
Item 2F - Page 48
Appeal Form
Formulario de Apelacl6n
City of Palm Springs
Reserved for Filing Stamp

RECEIVED
APR 3 2025
TEL (760) 323-8204 I FAX (760) 322-8332 Of t:ICE OF THE CITY CLERK McWHIRTER REAL TY PARTNERS

ADDRESS / DIRECCI N
3100 Pinebrook Rd., Suite 2600 A

CITY/ CIUDAD STATE/ ESTADO
Park City UT
mdm@mcwrealty .com

PHONE/ TELEFONO
(770) 575-0030

ZIP/ C DIGO FAX/ EL FAX
POSTAL
84098
SUBJECT OF APPl::AL / OBJECTO DE APELACION
The date the decision being appealed was rendered/ lfhe application or project was entitled/ La apllcacl6n o La fecha en que se emlt16 la decis i6n que se esta apelando : l:>royecto tenfa derecho :

March 25, 2025
Request by McWhirter Realty Partners for
Approval of a Major Development Permit.

Case DP-2024-0009

SPECIFY THE BASIS FOR THE APPEAL IN DETAIL (YOU MAY USE AS MANY ADDITIONAL SHEETS AS NECESSARY)/ ESPECIF1QUE LA BASE PARA LA MEDIDA EN DETALLE (PUEDE UTILIZARTANTAS HOJAS ADICIONALES COMO SEA NECESARIO):

Argument In Support of Reversal:

1. The staff report of February 26, 2025. recommended that the Planning Commission adopt the draft resolution prefiared by staff and approve the project subject to the conditions of approval recommended by staff. The staff report speci 1cally stated that, •one of the intended uses of the MU land use designation area is community-serving retail commercial (Palm Springs General Plan 2040, page 2-15), which is consistent with the proposed use ... ." Despite some minor deficiencies and the need for certain corrections , the February 25, 2025, staff report concluded, "the proposed project is generally consistent with the General Plan and meets the applicable developmental standards, except for ... Therefore , staff recommends that the Planning Commission approve the Major Permit application, Case DP-2400-0009 , subject to the conditions of approval recommended by staff.

2. The location of the project is zoned C-1. Section 92.12.01 of the Zoning R~ulations srecifically provides, at paragraph 29, for the permitted use of hardware and appliance stores. The proposed paint store fa Is within this permitted use.

3. At the Planning Commission hearing on February 25, 2025, the Commissio n did not discuss any issue with either (cont.)

FOR STAFF USE ONLY
D Appeal to City Council D Appeal to Administrative Appeal Board This completed form must be sent to:

City of Palm Springs Office of the City Clerk
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
Item 2F - Page 49
either the General Plan or the Zoning requirements. Instead, the Planning Commission focused on items that were more appropriate for consideration by the Architectural Review Committee.

4. The Planning Commission continued the matter with direction for the appellant to address four issues: (a) A true, functional entrance is required on the North Palm Canyon Drive frontage, (b) The floor plan needs to be reconfigured to accommodate a functional entrance on the North Palm Canyon Drive frontage, (c) Glazing application on the North Palm Canyon Drive elevation needs to be expanded, and (d) Stronger landscape treatment with layered plant materials is desirable along the North Palm Canyon Drive frontage .

5. Appellant made the requested changes, and the matter was back before the Planning Commission on March 25, 2025. The memorandum prepared by the Department of Planning Services, again, recommended that the Planning Commission adopt the attached draft resolution and approve the project subject to the conditions of approval recommended by staff.

6. At the March 25, 2025, hearing, for the first time, Chair Weremiuk and Vice-Chair Aylaian voiced their concern about the project not complying with the Mixed Use General Plan for the Uptown District. The City Attorney was not impressed with Chair Weremiuk's reasoning about non-compliance stating that the General Plan is general in nature and that it will, at times, conflict with a permitted use under the Zoning regulations . Vice-Chair Ayalian followed up on the City Attorney's comments, citing to pages 2-30 through 2-32 of the 2007 General Plan stating that although the project is a pennitted use, it really isn't consistent with the vibe of the Uptown District . Basically, the project itself is an acceptable project, just not in the Uptown District. It appeared to appellant that the Planning Commissioners had no issue with the project but just didn't want the project in the Uptown section of Palm Springs, despite it being in compliance with the general plan and a pennitted use.

7. The 2040 General Plan, at page 2-15, provides that Mixed Use projects involve uses that are intended to include community-serving retail commercial, professional offices, service businesses, restaurants , daycare centers , public and quasi-public uses. The project-a Sherwin Williams paint store-is a community serving retail business. The new affordable housing across the street from the project and those residential units in Old Las Palmas, Vista Las Palmas, and Little Tuscany would greatly benefit from a local paint store for DYI, or hire-out projects . Notably, the Mixed Use for the Central Business District expressly mentions hardware stores as a favorable mixed use for the "Downtown's Residential Population ." (page 2-7, 2007 General Plan). As such, the paint store must be a good mixed use for the Uptown District, as well.

8. The General Plan, at page 2-41, in considering what is currently located in the Uptown District states, "A more vibrant retail/commercial area serving the needs of the adjacent residential neighborhoods of Las Pal mas, Vista Las Palmas, Movie Colony, and Ruth Hardy Park are needed in this area.
2 Item 2F - Page 50

9. Given the permitted use, the nature of the General Plan for this area and the need for more vibrant retail/commercial businesses serving the needs of the community, the Planning3 Commission's decision must be reversed . Contrary to the "feeling" of the chair and vice chair that the paint store is not what the Uptown District needs , it is exactly what it needs and it meets both the General Plan and a specific permitted use. It would be inappropriate to uphold the Planning Commis sion's decision when the project is a permitted use within a general plan that allows for it.

I 0. If appellant were buying an existing building, the use of the building as a paint store would be a permitted use and the planning commission would have had no say in the matter . Appellant has made every change requested by the Planning Commission , and appellant plans to submit revised plans to the building department after this appeal is filed showing its good-faith and willingness to meet the architectural changes that the Planning Commi ssioners discus sed at the March 25, 2025 hearing .
3 Item 2F - Page 51
EXHIBIT 2
Item 2F - Page 52
Date:

To:

From:

Subject:

CITY OF PALM SPRINGS

DEPARTMENT OF PLANNING SERVICES

MEMORANDUM
April 8, 2025
Planning Commission
Department of Planning Services
RESOLUTION OF DENIAL FOR CASE DP-2024-0009 , A REQUEST BY

MCWHIRTER REAL TY PARTNERS FOR APPROVAL OF A MAJOR
DEVELOPMENT PERMIT (DP) TO CONSTRUCT A NEW 4,012-SQUARE­ FOOT COMMERCIAL BUILDING FOR A PAINT STORE ON A 0.38-ACRE

UNDEVELOPEDPARCELLOCATEDNEARTHESOUTHEASTCORNER

OF NORTH PALM CANYON DRIVE AND EAST STEVENS ROAD, ZONE
C-1, SECTION 10 (CASE DP-2024-0009). (NK)
At its meetings on February 26 and March 25, 2025, the Planning Commission considered a Major Development Permit application, Case DP-2024-0009, which proposed the construction of a new 4,012-SF paint store on a 0.38-acre undeveloped parcel located near the southeast corner of North Palm Canyon Drive and East Stevens Road in Uptown.

Subsequently, the Planning Commission voted 4 (Aylaian, Weremiuk, Rotman, Morrill) to 3 (Baker, Miller, Murphy) to deny the application based on the findings that are stated in the resolution attached to this staff memorandum {Attachment 2).

RECOMMENDATION :

The Planning Commission adopt the attached resolution of denial (Attachment 2).

PREPARED BY: Noriko Kikuchi, AICP, Associate Planner
REVIEWED BY: Christo her Hadwin, AICP, Director of Plannin Services ATTACHMENTS:

1. Vicinity Map

2. Draft Resolution
Item 2F - Page 53
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CITY OF PALM SPRINGS
Case DP-2024-0009
Sherwin-W illiams Paint Store
APN: 505-184-028
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Item 2F - Page 54
RESOLUTION NO.

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF PALM SPRINGS, CALIFORNIA , DENYING A

MAJOR DEVELOPMENT PERMIT APPLICATION, CASE
DP-2024-0009, TO CONSTRUCT A 4 ,012-SQUARE-FOOT
COMMERCIAL BUILDING ON A 0.38-ACRE

UNDEVELOPED PARCEL LOCATED NEAR THE

SOUTHEAST CORNER OF NORTH PALM CANYON
DRIVE AND WEST STEVENS ROAD (APN: 505-184-028),
ZONE C-1, SECTION 10.

WHEREAS, McWhirter Realty Partners, {the "Applicant") has filed Case DP-2024-0009, a Major Development Permit Application, in accordance with Section 94.04.01 (Development Permit) of the Palm Springs Zoning Code to construct a 4 ,012-SF commercial building for a Sherwin-Williams paint store at a 0.38-acre undeveloped parcel located near the southeast corner of North Palm Canyon Drive and West Stevens Road (APN: 505-184-028) , Zone C-1 ; and
WHEREAS, notice of a public meeting of the Planning Commission of the City of Palm Springs to consider the above-mentioned application was given in accordance with applicable law; and
WHEREAS, on February 26, 2025, a public meeting on Case DP-2024-0009 was held by the Planning Commission in accordance with applicable law, and the Planning Commission voted unanimously to continue the item for further review to address the following: 1) A true, functional entrance is required on the North Palm Canyon Drive frontage ; 2) The floor plan needs to be reconfigured to accommodate a functional entrance on the North Palm Canyon Drive frontage; 3) Glazing application on the North Palm Canyon Drive elevation needs to be expanded; and 4) Stronger landscape treatment with layered plant materials is desirable along the North Palm Canyon Drive frontage ; and
WHEREAS, on March 25, 2025, a public meeting on Case DP-2024-0009 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the meeting on the Project, including but not limited to the staff report, all environmental data including the environmental assessment prepared for the project and all written and oral testimony presented.

Item 2F - Page 55
Planning Commission Resolution No.

Case DP-2024-0009
March 25, 2025

THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:

Section 1: Major Development Permit Findings.

The required Findings for a Major Development Permit approval are outlined in Section 94.04.01 (D) (Development Permit - Criteria and Findings) of the Palm Springs Zoning Ordinance (PSZO) as follows:

1. The proposed project is consistent with the General Plan and any applicable specific plan;
The project site is an undeveloped parcel located in Uptown within the MU (Mixed-Use /Multi-Use) General Plan land use designation area. The General Plan states "Introduction of mixed-use development should be targeted for vacant and underperforming sites or areas where the City wants to create a stronger concentration of activity'' in the MU land use designation area (Palm Springs 2040 General Plan, page 2-38). As stated in the General Plan above, uses that generate activities and offer services that would create a stronger sense of community are desirable for the site.

While the proposed use is permitted by right in the C-1 Zone per PSZC Section 92.12.01 {A)(29), it is not consistent with the intent of the MU General Plan land use designation area. Therefore, the proposed project does not meet this finding.

2. The proposed uses are in conformance to the use permitted in the zone district where the site is located, and are not detrimental to adjacent properties or residents;
Pursuant to PSZC Section 92.12.01 (A)(29), the proposed use is permitted by right in the C-1 Zone. The proposed use is a retail store, and there are no industrial activities (e.g. paint manufacturing) proposed at the site. The proposed use has no detrimental impacts on the adjacent properties other than the General Plan inconsistency issue detailed in Finding 1 above.

3. The proposed project is in conformance to the property development standards for the zone district where the site is located; The proposed project meets the C-1 Zone development standards except for the outdoor lighting. The proposed outdoor lighting Plan needs to be revised for the project to fully conform to the Zoning Code regulations.

4. The proposed height and massing of the project is consistent with applicab le standards and compatible with adjacent development; The proposed 18-foot-high single-story building is less than the maximum Item 2F - Page 56
Planning Commission Resolution No. March 25, 2025
Case DP-2024-0009 Page 3
building height permitted in the C-1 zone which is 30 feet. The site abuts single-story buildings on all sides except for the west side. While the size of the proposed building is slightly larger (by 1,200 - 1,400 SF) than the abutting developments to the north and south due to its larger lot size, the massing of the proposed building is relatively compat ible with the adjacent developments , and it is contextually appropriate.

5. The proposed setbacks and placement of the building are consistent with applicable standards and consistent with setbacks of adjacent buildings; The proposed project meets the C-1 Zone minimum yard setback requirements . Generally, the project proposes wider setbacks than the abutting properties. The front yard setback is compatible with the adjacent developments which provide zero (North) and approximately 17 feet (South).

6. The site for the proposed project has adequate access to streets and highways property designed and improved to carry the type and quantity of traffic to be generated by the proposed uses, and the design for the site plan enhances or continues the city's existing grid in accordance with the Circulation Plan of the General Plan;
The site is easily accessible from North Palm Canyon Drive, and the street is adequate to accommodate the amount of traffic expected to be generated by the proposed project. There are two existing driveway approaches at the site that are nonconforming to the current City standards which require reconstruction per the current design standards . While the project site is an existing lot and the project will not affect the existing circulation grid and transportation pattern, a 5-foot-wide dedication may be required to provide the ultimate half street right-of-way width of 50 feet. Traffic and access will be adequate with the dedication and widening of North Palm Canyon Drive.

7. On-site circulation conforms to minimum standards, and accommodations are made for safe on-site pedestrian circulation;
The proposed on-site circulation meets the minimum off-street parking standards such as the driveway width and separation distance requirement between the two (2) driveway approaches. Additionally , the project proposes a designated pedestrian path at the northeast corner of the building for access to the parking spaces located farthest from the building.

8. Landscape areas and open space are in conformance to applicable standards, and the design of stormwater management features are appropriately integrated with other elements of the site design; Item 2F - Page 57
Planning Commission Resolution No. March 25, 2025
Case DP-2024-0009 Page 4
The project site is designed with a 5-foot-wide landscape buffer, and 53% of the proposed parking area will be shaded. The preliminary grading plan indicates that the water collected on-site will be directed towards the stormwater drainage chamber located at the southwest corner of the site via sloped ground surface and a landscape drainage located in the north planting bed. Considering the proposed grading and site design, the locations of the stormwater management features are appropriate.

9. Public infrastructure, such as water, sewer, and similar utilities, is adequate to serve the proposed project;
The project site is immediately adjacent to a major thoroughfare in an urbanized area, and it is accessib le to public utilities and infrastructure.

10. Based on environmental review, the proposed project either has no potentially significant environmental impacts, any potentially significant impacts have been reduced to Jess than significant levels because of mitigation measures incorporated in the project, or a Statement of Overriding Considerations has been adopted to address unmitigated significant environmental impacts;
As detailed in Finding 1 above, the proposed project is not consistent with the intent of the MU General Plan land use designation area. Therefore, the project does not meet all the required findings for approval. Projects that are rejected or disapproved by a public agency are exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 21080(b)(5) of the California Public Resource Code and Section 15270(a) of the CEQA Guidelines .

11. The proposed project has no unacceptable adverse effects on public welfare, health or safety.

The proposed project provides adequate separation distance between the site and its abutting properties , the proposed building is compatible with the surrounding developments in terms of massing and scale. Additionally , the proposed retail use is permitted by right in the C-1 Zone. Other than the General Plan inconsistency issue detailed in Finding 1 above, the project does not have any unacceptable adverse effects on public welfare, health, or safety.

NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing , the Planning Commission hereby denies Case DP-2024-0009, a Major Development Permit, for the construction of a 4,012-square-foot commercial building for a Sherwin-Williams paint store on a 0.35-acre undeveloped parcel located near the southeast corner of North Palm Canyon Drive and West Stevens Road (APN: 505-184-028).

Item 2F - Page 58
Planning Commission Resolution No.

Case DP-202 4-0009
ADOPTED THIS 25th DAY of March, 2025.

AYES: AYLAIAN , WEREMIUK , ROTMAN , MORRILL
NOES: BAKER , MILLER , MURPHY
ABSENT: NONE
ABSTAIN : NONE
ATTEST : CITY OF PALM SPRINGS , CALIFORNIA
Christopher Hadwin
Director of Planning Services
March 25, 2025

Item 2F - Page 59
EXHIBIT 3
Item 2F - Page 60
City of Palm Springs
April 2 1, 2025

VIA FIR T CLAS MAIL
TO: McWhin er Realty Partner
Mau McWhirter
3100 Pinebrook Rd., Suite 2600
Park City, T 84098
Offi ce of th e City Clerk
1200 I·. Tahq1ur: Crnyo n Wa} • P,tlm prmgs, Californi,1 92262 Tel: 760.323.8204 • Fax: 760.322.8332 • TDD 760.864.9527 • \\ W\1. 11l®pnn!b<.1l.gQ\
RE: Appea l of March 25 2025, Planning o mmi ion deci ion on Case No. DP-202 4-0009, A Major De,1elopment Permit Appli cation loca ted n ea r the o uthea t orner of orth Palm Canyon Drive and Ea t t eve n R oad
Mr. McWhiner ,
Thi lette r erve a notice that the ubjecl appea l ha been chedu led for revie\i by the City Council at the regular meeting of Wedne day, May 14, 2025. The meeting begin al 5:30 p.m. and will be held in the Counci l Cha mber of City Hall, 3200 E. Tahquitz anyon \J ay. A taff report on the matter will be forn arded to ou appro imately fi e (5) day prior to the hearing.

Plea e feel free to contact me at (760) 323-8204 if you have any que tion . ~ ,tf},w-,
Brenda Pree
City Clerk
cc: Planning Depa rtment
Post l ffice Ro. 2743 • Palm prings,California 92263-2743 Item 2F - Page 61

ATTACHMENT F
Item 2F - Page 62

PLANNING COMMISSION STAFF REPORT

DATE: February 26, 2025 NEW BUSINESS

SUBJECT: A REQUEST BY MCWHIRTER REALTY PARTNERS FOR APPROVAL OF A MAJOR DEVELOPMENT PERMIT (DP) TO CONSTRUCT A NEW 4,012-

SQUARE-FOOT COMMERCIAL BUILDING FOR A SHERWIN- WILLIAMS PAINT STORE AT A 0.38 -ACRE UNDEVELOPED PARCEL LOCATED

NEAR THE SOUTHEAST CORNER OF NORTH PALM CANYON DRIVE
AND EAST STEVENS ROAD, ZONE C-1, SECTION 10 (CASE DP-2024- 0009). (NK)

FROM: Department of Planning Services

SUMMARY:

This is a request for approval of a Major development Permit for a new 4,012- SF commercial building on a 0.38-acre undeveloped parcel (APN: 505-184-028) for a future Sherwin-Williams paint store. The project site is located on North Palm Canyon Drive in the C-1 (Retail Commercial) Zone.

The following application has been filed in conjunction with this request:
• AR-2025-0008 – Major Architectural Review Application

ISSUES:

1. The photometric plan does not fully conform to the City’s outdoor lighting standards (PSZC Section 93.21.00) as submitted.

2. The two (2) 9-foot-wide end parking stalls facing the building do not meet the 11- foot minimum width requirement as required in PSZC Section 93.06.00(E)(13).

RECOMMENDATION:

The Planning Commission adopt the attached draft resolution and approve the project subject to the conditions of approval recommended by staff (Attachment 3), which include the following:

1. PLN 1. Outdoor Lighting Conformance. Outdoor lighting shall fully conform to the requirements of the Outdoor Lighting Standards (PSZC Section 93.21.00) .

Item 2F - Page 63
Outdoor lighting shall not produce disability glare, discomfort glare, light trespass, and/or light pollution as defined in Palm Springs Zoning Code Sections

93.21.00(A)(7), (8), (9), and (10). A pplicant shall submit a revised photometric plan along with light fixture specifications (e.g. manufacturer’s brochure) to the Department of Planning Services prior to the Architectural Review.

2. PLN 10. Parking Stall Width Requirement. Increase the width of the two (2) end parking spaces facing the building to 11 feet or increase the width of the adjacent planting bed curbs to 2 feet. Applicant shall submit a revised site plan and a landscape plan to the Department of Planning Services prior to the Architectural Review.

SCOPE OF REVIEW:

1. The Planning Commission shall review the Development Permit application (Case DP-2024-0009) for conformance to the criteria listed in Palm Springs Zoning Code (PSZC) Section 94.04.01(D).

BUSINESS PRINCIPAL DISCLOSURE:

The property is owned by natural persons named Wayne Gottlieb and Margaret Gottlieb; therefore, the application is not subject to the disclosure requirement.

PROJECT DESCRIPTION:

The application proposes the construction of a new 4, 012-SF single-story commercial building at the maximum building height of 18 feet on a 0.38- acre undeveloped parcel located near the southeast corner of North Palm Canyon Drive and East Stevens Road in the C -1 Zone. In addition to the building, the proposed site design includes a new parking lot for vehicles and bicycles, a new trash enclosure, and perimeter landscape.

BACKGROUND INFORMATION:

Related Relevant City Actions
10/23/2024 Pre-Submittal Conference (PRECON -2024-0027) was held for the proposed project.

Most Recent Change of Ownership
07/19/2017 Wayne Gottlieb and Margaret Gottlieb

Neighborhood Notice
02/20/2025 Notice emailed to Neighborhood Organizations within one (1) mile of the project site.

I
Item 2F - Page 64
Field Check
02/10/2025 Staff conducted a site visit to confirm the condition of the site.

Existing Street Improvement Conditions
Street Name Travel Lanes Curb & Gutter Sidewalk
North Palm Canyon Drive Y Y Y

DETAILS OF APPLICATION REQUEST:

Site Area
Net Acres 0.38 Acre (16,680 SF)

Surrounding
Property
Existing Land Use
Per Chapter 92
Existing General
Plan Designation
Existing Zoning
Designation
Subject Property Undeveloped Lot Mixed-Use/Multi-
Use (MU)
Retail Business
(C-1)
North Commercial
(Professional Office) MU C-1
South Commercial
(Contractor’s Office) MU C-1
East
Multi-Family
Residential
(Apartments)
MU
(Multiple-Family
Residential and
Hotel) R-3
West
Multi-Family
Residential
(“Aloe”)
MU C-1/PD* 390
*Planned Development District

General Plan Areas or Master Plan Areas Compliance
Mixed/Multi-Use Area (General Plan) Y
“R” Resort Overlay Zone Y

DEVELOPMENT STANDARDS:

Pursuant to PSZC Section 92.12.03, the following standards apply:

Standard Required/
Allowed
Provided Compliance
Min. Lot Size 20,000 SF 16,680 SF Y*
(*Legal
Nonconforming)
Min. Lot Width 100 Feet 120 Feet Y
Min. Lot Depth 150 Feet 139.51 Feet Y*
(*Legal
Nonconforming)
I
I
Item 2F - Page 65
Standard Required/
Allowed
Provided Compliance
Min. Lot Frontage
on Street
100 Feet 120 Feet Y
Min. Setbacks
• Front (West)
• Side (North)
• Side (South)
• Rear (East)

5 Feet
0 Feet
0 Feet
20 Feet

5 Feet

24.8 Feet
25 Feet

74.5 Feet

Y
Y
Y
Y
Max. Lot Coverage None 24.1 % N/A
Min. Open Space None 20.7 % N/A
Max. Building
Height
30 Feet 18 Feet*
*Excludes rooftop
equipment screen height
(4.5 Feet)
Y
Perimeter Wall
Height
• Front (West)
• S ide (North)
• Side (South)

• Rear (East)

4.5 Feet

4.5 ~ 6 Feet

4.5 ~ 6 Feet

6 Feet

None Proposed
None Proposed*

3.7 ~ Approx. 6 Feet
(Existing)
Approx. 6 Feet
(Existing)

*The existing perimeter
wall along the north
property line is located on
the adjacent lot (1492 N.

Palm Canyon Dr.)

N/A
N/A
Y

Y

Trash Enclosure Screened
6’ High
Screened
6’ High
Y
Mechanical
Equipment
Screened Screened Y
Min. Building Area 2,000 SF 4.012 SF Y

Pursuant to PSZC Section 93.06.00, the following parking standards apply:

Parking Requirement
Use SF or #
of Units
Parking
Ratio
Required Provided
Comp. Reg. Handi-
cap Reg. Handi-
cap
Hardware
Store
4,012 SF 1 Space/
300 SF
(Gross)*

13.37 ≈ 13
14 TOTAL SPACES REQUIRED 13 14 Y
Item 2F - Page 66
Regular and Handicap Spaces Req. 12 1 13 1 Y
Required EV Charging Space 1 1 Y
*Zoning code does not provide the minimum parking requirement for a hardware store. Parking requirement is calculated at the ratio for “ Retail Stores Not Otherwise Specified Herein” (PSZC Section 93.06.00.D.33)

ANALYSIS:

Site Plan:

The project site is a 0.38-acre undeveloped parcel located on North Palm Canyon Drive near the southeast corner of North Palm Canyon Drive and East Stevens Road. As mentioned in the table above, the size and depth of the lot are legal nonconforming to the current C-1 Zone development standards. The proposed development features include a building, two driveway approaches, vehicle and bicycle parking, trash enclosure, and new landscape. The site is designed with two driveway approaches on the North Palm Canyon Drive frontage, and on- site circulation will be provided by a one- way driveway which extends from one driveway approach to another and wraps around the building.

Off-street parking will be provided on both sides of the driveway, and the edge of the project site is designed with a 5-foot-wide landscape buffer.

The property is currently located 45 feet away from the centerline of North Palm Canyon Drive. The ultimate half street right-of-way width is 50 feet along the street, and a 5-foot- wide right-of-way dedication may be required in the future at the discretion of the Department of Engineering Services. Such a determination will be made based on future needs as well as the existing development pattern along North Palm Canyon Drive.

Mass and Scale:

The project proposes a 4,012-SF single-story building at a maximum building height of 18 feet. The site abuts single-story buildings on all sides, and the proposed yard setbacks range from 24.8 feet to 74.5 feet while the code- required minimum rear and side yard setbacks are 20 feet and zero in the C-1 Zone, respectively. The proposed project meets the applicable setback s, building height, and the C -1 Zone minimum building size requirement of 2,000 square feet. The lot size of the project site is larger than the abutting parcels to north and south, and the size of the proposed building is greater than the neighboring buildings. However, ample separation distance is provided between the site and the abutting properties, and the neighboring properties will not be negatively impacted by the massing and scale of the building.

Buffers and Open Space:

The proposed project site is designed with a 5- foot-wide landscape buffer on all sides .

The project site boundary is currently defined by existing perimeter walls that are approximately 6 feet in height. The project is proposing the retention of the existing walls.

There is no minimum open space requirement in the C -1 Zone. Per PSZC Section Item 2F - Page 67

92.12.03(D)(2)(a), the 5- foot-wide front yard setback is required to be landscaped, and the project meets this requirement.

Grading and Topography:

The site’s natural topography is relatively flat, and it gradually slopes down from its northwest corner to the southeast corner by approximately 3 feet (approximately 2% in slope). The proposed building pad elevation is set at the highest elevation of the project site, which will be relatively close to the pad height of the adjacent property to the north (elevation difference of approximately 0.21 feet) . The proposed elevation decreases as it moves towards south for stormwater management purposes, and it will reduce the elevation difference between the site and its abutting property to south which is located at a lower elevation. The finished floor elevation of the abutting property to the south is approximately 2.2 feet lower than the elevation proposed for the project.

FINDINGS – DEVELOPMENT PERMIT:

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

Criteria and Findings [PSZC 94.04.01(D)] Compliance

1. The proposed project is consistent with the General Plan and any applicable specific plan; Y
One of the intended uses of the MU land use designation area is community-serving retail commercial (Palm Springs 2040 General Plan, page 2-15), which is consistent with the proposed use. The maximum Floor Area Ratio (FAR) allowed for non-residential uses in the MU designation area is 0.50, and the project meets this density requirement also since 0.24 FAR is proposed.

2. The proposed uses are in conformance to the use permitted in the zone district where the site is located, and are not detrimental to adjacent properties or residents;
Y
Pursuant to PSZC Section 92.12.01(A)(29), the proposed use is permitted by right in the C -1 Zone. The proposed use is a hardware and appliance retail store, and there are no industrial activities (e.g. paint manufacturing) proposed at the site. The site is located on a prominent commercial corridor, and the proposed use is comparable to other retail uses. Hence, the
use will not
create detrimental impacts on the adjacent properties or residents.

3. The proposed project is in conformance to the property development standards for the zone district where the site is located;
Yes, as
conditioned
Item 2F - Page 68
Criteria and Findings [PSZC 94.04.01(D)] Compliance
As analyzed in the development standard analysis table on pages 3 through 5 of this staff report above, the proposed project meets the C-1 Zone development standards except for two items . The proposed outdoor lighting standards and the width of the end parking spaces do not meet the development standards as proposed; however, staff is recommending conditions of approval (PLN 1 and PLN 10) to address these issues. Such development features can be modified to conform to the zoning code without requiring sig nificant changes or altering the character of the project. Therefore, the proposed project meets this finding as conditioned.

4. The proposed height and massing of the project is consistent with applicable standards and compatible with adjacent development; Y The proposed 18 -foot-high single -story building is less than the maximum building height permitted in the C -1 zone which is 30 feet. The site abuts single-story buildings on all sides except for the west side. While the size of the proposed building is slightly larger (by 1,200 ~ 1,400 SF) than the abutting developments to the north and south, due to its larger lot size and the massing of the proposed building, it is compatible with the adjacent developments, and it is contextually appropriate.

5. The proposed setbacks and placement of the building are consistent with applicable standards and consistent with setbacks of adjacent buildings;
Y
The proposed project meets the C-1 Zone minimum yard setback requirements. Generally, the project proposes wider setbacks than the abutting properties. The front yard setback for the project is compatible with the adjacent existing developments which provide zero (North) and approximately 17 feet of setback (South).

6. The site for the proposed project has adequate access to streets and highways property designed and improved to carry the type and quantity of traffic to be generated by the proposed uses, and the design for the site plan enhances or continues the city’s existing grid in accordance with the Circulation Plan of the General Plan;
Yes, as
conditioned
Item 2F - Page 69
Criteria and Findings [PSZC 94.04.01(D)] Compliance
The site is easily accessible from North Palm Canyon Drive, and the street is adequate to accommodate the amount of traffic expected to be generated by the proposed project. There are two existing driveway approaches at the site that are nonconforming to the current City standards, which will be re constructed in accordance with the current design standards as a part of the project. The project site is an existing lot , and it will not affect the existing circulation grid and transportation pattern. As stipulated in Conditioned (ENG 3), a 5-foot-wide dedication may be required to provide the ultimate half street right-of-way width of 50 feet. Traffic and access will be adequate with the dedication and widening of North Palm Canyon Drive per the condition of approval.

7. On-site circulation conforms to minimum standards, and accommodations are made for safe on-site pedestrian circulation; Yes, as
conditioned.

The proposed on -site circulation meets the minimum off -street parking standards such as the driveway width and separation distance requirement between the two (2) driveway approaches .

Additionally, the project proposes a designated pedestrian path at the northeast corner of the building for access to the parking spaces located farthest from the building. The two 9-foot-wide end parking spaces facing the building do not meet the minimum width requirement of 11 feet
. To address this issue, staff is
recommending a condition of approval (PLN 10 ), which requires the width of such stalls to be increased to 11 feet or increase the width of the adjacent planting bed curbs to 2 feet. As conditioned, the project meets this finding.

8. Landscape areas and open space are in conformance to applicable standards, and the design of stormwater management features are appropriately integrated with other elements of the site design;
Y
The project site is designed with a 5 -foot-wide landscape buffer, and 65.9% of the proposed parking area will be shaded. The preliminary grading plan indicates that the water collected on- site will be directed towards the stormwater drainage chamber located at the southwest corner of the sit e via sloped ground surface and the landscape drainage improvements located in the north planting bed. Considering the proposed grading and site design, the locations of the stormwater management features are appropriate.

9. Public infrastructure, such as water, sewer, and similar utilities, is adequate to serve the proposed project; Y
The project site is immediately adjacent to a major thoroughfare in an urbanized area, and it is accessible to public utilities and infrastructure.

Item 2F - Page 70
Criteria and Findings [PSZC 94.04.01(D)] Compliance

10. Based on environmental review, the proposed project either has no potentially significant environmental impacts, any potentially significant impacts have been reduced to less than significant levels because of mitigation measures incorporated in the project, or a Statement of Overriding Considerations has been adopted to address unmitigated significant environmental impacts;
Y
The proposed project is categorically exempt from a California Environmental Quality Act (CEQA) review pursuant to Section 15332 of the CEQA Guidelines (Class 32, In- Fill Development Projects) as explained in the Environmental Analysis section of this staff report below (page 9). The proposed project has no potentially significant environmental impacts.

11. The proposed project has no unacceptable adverse effects on public welfare, health or safety.

Yes, as
conditioned
The proposed project is consistent with the intent and policies of the General Plan and zoning code, including the C -1 Zone development standards as conditioned . In addition to the adequate separation distance provided between the site and its abutting properties, the proposed building is compatible with the surrounding developments in terms of massing and scale.

Additionally, the proposed retail use at the site is comparable to other commercial uses that are found on North Palm Canyon Drive, which is the most prominent commerci
al corridor in the City.

Finally, the project will be implemented in accordance with applicable law to ensure the public welfare, health, or safety such as the Building Code and Fire Department regulations.

ENVIRONMENTAL ANALYSIS:

The proposed development is considered a “project” pursuant to the terms of the California Environmental Quality Act (“CEQA”), and has been determined to be categorically exempt pursuant to Section 15332 of the CEQA Guidelines (Class 32, In-fill Development Projects) due to the following reasons: 1) The project is consistent with the applicable General Plan and all applicable General Plan policies, as well as the applicable zoning designation and regulations; 2) The project site is less than five acres in size and located in an urbanized area within the City limit; 3) The project site does not have any value as a habitat for endangered, rare of threatened species ; 4) Approval of the project would not result in any significant effects relating to traffic, noise, air quality , or water quality; and 5) The site can be adequately served by all required utilities and public services.

CONCLUSION:

The proposed project is generally consistent with the General Plan and meets the Item 2F - Page 71
applicable development standards except for features such as outdoor lighting standards and the width of the end parking spaces, which will be addressed through conditions of approval. Although the outdoor lighting standards and the width of the end parking spaces do not meet the development standards as proposed, they can be modified to conform to the zoning code without requiring significant changes or altering the character of the project. Additionally, as stated above, the proposed project meets the criteria for approving a Major Development Permit application. Therefore, staff recommends that the Planning Commission approve the Major Development Permit application, Case DP- 2024-0009, subject to the conditions of approval recommended by staff (Attachment 3).

REVIEWED BY:

PREPARED BY: Noriko Kikuchi, AICP, Associate Planner
REVIEWED BY: Christopher Hadwin, Director of Planning Services

ATTACHMENTS:

1. Vicinity Map

2. Aerial Map

3. Draft Resolution & Conditions of Approval

4. Justification Letter

5. Site Photographs

6. Plans

Item 2F - Page 72

ATTACHMENT G
Item 2F - Page 73

CITY OF PALM SPRINGS

DEPARTMENT OF PLANNING SERVICES

MEMORANDUM

Date: March 25, 2025

To: Planning Commission

From: Department of Planning Services

Subject: A REQUEST BY MCWHIRTER REALTY PARTNERS FOR APPROVAL OF A MAJOR DEVELOPMENT PERMIT (DP) TO CONSTRUCT A NEW 4,012-

SQUARE-FOOT COMMERCIAL BUILDING FOR A PAINT STORE ON A

0.38-ACRE UNDEVELOPED PARCEL LOCATED NEAR THE

SOUTHEAST CORNER OF NORTH PALM CANYON DRIVE AND EAST
STEVENS ROAD, ZONE C-1, SECTION 10 (CASE DP-2024-0009). (NK)

On February 26, 2025, the Planning Commission considered the above- referenced application and voted unanimously to continue the review with direction for the applicant to address the following issues:

1) A true, functional entrance is required on the North Palm Canyon Drive frontage. 2) The floor plan needs to be reconfigured to accommodate a functional entrance on the Noth Palm Canyon Drive frontage.
3) Glazing application on the North Palm Canyon Drive elevation needs to be expanded.
4) Stronger landscape treatment with layered plant materials is desirable along the North Palm Canyon Drive frontage.

An excerpt from the draft February 26 , 2025 Planning Commission meeting minutes is attached to this memorandum (Attachment 4).

RECOMMENDATION:

The Planning Commission adopt the attached draft resolution and approve the project subject to the conditions of approval recommended by staff (Attachment 3).

Item 2F - Page 74
ANALYSIS:

In response to the comments provided by the Planning Commission at the February 26, 2025 Planning Commission meeting, the applicant has made the following changes to the development proposal:

Summary of Changes
Development
Features
Previous Proposal Revised
Proposal
Staff Comments
Entrance on the
West/North Palm
Canyon Drive
Frontage & Floor
Plan
The entrance door
on the North Palm
Canyon Drive
frontage was
directly leading to
the back of the
house, and it was
not inviting to the
customers who
would visit the site
from the street side
.

Inconsistencies in
the information
presented on the
plans raised
concern regarding
the functionality of
the west entrance
(e.g. a lack of
pedestrian path).

The previously
proposed
entrance door
was slightly
moved towards
the south and a
cased opening is
proposed to
separate the
entrance area
from the back of
the house. The
plans show a
pedestrian path
leading from the
building to the
street sidewalk.

The revised plan
depicts more defined
separation between
the back of the house
and the entrance. The
spatial separation can
be further stressed by
adding a door to the
cased opening which
would lead visitors
more directly to the
main floor and
deliver stronger sense
of arrival. A pedestrian
path connecting the
building and sidewalk
is depicted on the
plans. An additional
condition of approval
(PLN 10) is
recommended which
requires the door
facing North Palm
Canyon Drive to be
kept open during
business hours.

Glazing
(West/North Palm
Drive Elevation)
The glazing area
was limited to the
door and clearstory
windows. The
Planning
Commission
required the glazing
area to be
expanded.

In addition to the
previously
proposed glazing
area, four (4)
window systems
have been added
to the elevation.

Additional glazing
provides increased
visibility, contributes to
enhanced pedestrian
experience, and
activates the
streetscape along
North Palm Canyon
Drive.

Item 2F - Page 75
Summary of Changes
Development
Features
Previous Proposal Revised
Proposal
Staff Comments
Landscape
(West/North Palm
Canyon Drive
Elevation)
The proposed
landscape design
consisted of
two (2) rows of
Ocotillo and
Lantana. The
Planning
Commission
required stronger
landscape
treatment with
layered plant
materials.

Placement of a
row of Beaked
Yucca against the
building, and a
cluster of Golden
Barrel Cactus
along the
sidewalk.

Century Plant has
been added for
an accent. The
quantity of plant
materials has
increased.

The revised landscape
plan shows more
complex plant layering
and arrangement, and
the plant palette
consists of materials
that are more visually
interesting. The
quantity of Beaked
Yucca can be reduced
so that they would
function more as an
accent, and a different
type of plant material
can be added to the
palette for additional
details and plant
diversity. The
landscape design plan
will be reviewed by the
ARC through an
Architectural Review
application.

Parking Lot
Design
Two (2) end
parking stalls facing
the building did not
meet the minimum
width requirement
of 11 feet.

Alternatively, two-
foot-wide
pedestrian paths
could be provided
adjacent to such
stalls.

The curbs of
planting beds
adjacent to the
parking stalls
have been
widened to 2 feet.

The parking design
meets the code-
requirement, and the
previously
recommended
Condition of Approval
has been removed.

Parking Lot
Landscape
The previous plan
included 3 Flame
Trees and 8
Evergreen Pear.

Concern relating to
the growth habit
The quantity of
Flame Tree and
Evergreen Pear
has been reduced
to 1 and 5,
respectively.

The amount of parking
lot shade has been
reduced from the
previously proposed
approximately 66% to
53%; however, it is still
Item 2F - Page 76
Summary of Changes
Development
Features
Previous Proposal Revised
Proposal
Staff Comments
and maintenance
demand of Flame
Tree was raised by
a Planning
Commissioner.

in conformance with
the minimum zoning
code requirement
which is 30%.

Outdoor Lighting
Fixture Details
The graphic images
of the proposed
outdoor lighting
fixtures were not
included in the
submittal.

Manufacturers’
specifications
have been
submitted.

The previously
submitted photometric
plan has been revised;
however, it does not
fully meet the zoning
code requirements.

Staff is recommending
a condition of approval
which requires the
outdoor lighting to be
in conformance with
the City’s Outdoor
Lighting Standards
(PSZC Section

93.21.00). As
conditioned, the
project meets the
zoning requirement.

CONCLUSION:

The applicant has revised the previously proposed plans based on the comments received at the February 25, 2025 Planning Commission meeting. T he proposed changes are adequate to address the Planning Commission’s comments. Therefore, staff recommends that the Planning Commission approve the Major Development Permit application, Case DP-2024-0009, subject to the conditions of approval recommended by staff (Attachment 3).

PREPARED BY: Noriko Kikuchi, AICP, Associate Planner
REVIEWED BY: Christopher Hadwin, AICP, Director of Planning Services

Item 2F - Page 77
ATTACHMENTS:

1. Vicinity Map

2. Aerial Map

3. Draft Resolution & Conditions of Approval

4. Draft February 26, 2025 Planning Commission Excerpt of Minutes

5. February 26, 2025 Planning Commission Staff Report (Excludes attachments)

6. Outdoor Lighting Fixtures

7. Plans (REVISED)

8. Plans (SUPERSEDED)
Item 2F - Page 78

ATTACHMENT H
Item 2F - Page 79

EXCERPT OF MINUTES
At the Planning Commission meeting of the City of Palm Springs held on February 26, 2025, the Planning Commission took the following action:
4A. A REQUEST BY MCWHIRTER REAL TY PARTNERS FOR APPROVAL OF A MAJOR DEVELOPMENT PERMIT (DP) TO CONSTRUCT A NEW 4,012-

SQUARE-FOOT COMMERCIAL BUILDING FOR A SHERWIN-WILLIAMS
PAINT STORE AT A 0.38-ACRE UNDEVELOPED PARCEL LOCATED

NEAR THE SOUTHEAST CORNER OF NORTH PALM CANYON DRIVE
AND EAST STEVENS ROAD, ZONE C-1, SECTION 10 (CASE DP-2024- 0009). (NK)
Noriko Kikuchi, Associate Planner, presented the staff report and answered questions of the commission.

Matt McWhirter, applicant, McWhirter Realty Partners, spoke and answered questions of the commission.

Commissioner Rotman moved, seconded by Chair Weremiuk, to continue Item #4A with a recommendation that the applicant return with a reconfigured interior plan that accommodates both a more substantial front entrance with more glass, on Palm Canyon and in the back for the customers entering the east side of the building; and, to revisit the landscaping along Palm Canyon to provide more layering and interest.

ACTION: Continued to a date uncertain.

I, ANITA FIELDS, Administrative Specialist for the City of Palm Springs, hereby certify that the above action was taken by Planning Commission of the City of Palm Springs on the 26th day of February, 2025, by the following vote:

AYES: WEREMIUK, AYLAIAN, ROTMAN, BAKER, MILLER, MORRILL, MURPHY
NOES: NONE
ABSENT: NONE
Anita Fields
Administrative Specialist
Item 2F - Page 80

EXCERPT OF MINUTES
At the Planning Commission meeting of the City of Palm Springs held on March 25, 2025, the Planning Commission took the following action:
3A. A REQUEST BY MCWHIRTER REAL TY PARTNERS FOR APPROVAL OF A MAJOR DEVELOPMENT PERMIT (OP) TO CONSTRUCT A NEW 4,012-

SQUARE-FOOT COMMERCIAL BUILDING FOR A SHERWIN-WILLIAMS
PAINT STORE AT A 0.38-ACRE UNDEVELOPED PARCEL LOCATED

NEAR THE SOUTHEAST CORNER OF NORTH PALM CANYON DRIVE
AND EAST STEVENS ROAD, ZONE C-1, SECTION 10 (CASE DP-2024- 0009). (NK)
Noriko Kikuchi, Associate Planner, presented the staff report and answered questions of the commission.

Matt McWhirter, applicant, McWhirter Realty Partners, spoke to and answered questions of the commission.

One member of the public spoke in opposition and identified himself as representing the local neighborhood organization. Concerns regarding the appropriateness of the use in this location were raised.

Vice Chair Aylaian moved, seconded by Chair Weremiuk, to deny the resolution based on Finding# 1 that the project is inconsistent with the General Plan.

ACTION: Denied.

I, ANITA FIELDS, Administrative Specialist for the City of Palm Springs, hereby certify that the above action was taken by Planning Commission of the City of Palm Springs on the 25th day of March, 2025, by the following vote:

AYES:

NOES:

ABSENT:

WEREMIUK, AYLAIAN, ROTMAN, MORRILL

MURPHY, MILLER, BAKER
NONE
Anita Fields
Administrative Specialist
Item 2F - Page 81

ATTACHMENT I
Item 2F - Page 82
I
L
RESOLUTION NO. 6978

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING A

MAJOR DEVELOPMENT PERMIT APPLICATION, CASE
DP-2024-0009, TO CONSTRUCT A 4,012-SQUARE-FOOT
COMMERCIAL BUILDING ON A 0.38-ACRE

UNDEVELOPED PARCEL LOCATED NEAR THE

SOUTHEAST CORNER OF NORTH PALM CANYON
DRIVE AND WEST STEVENS ROAD (APN: 505-184-028),
ZONE C-1, SECTION 10.

WHEREAS, McWhirter Realty Partners, (the "Applicant") has filed Case DP-2024-0009, a Major Development Permit Application, in accordance with Section 94.04.01 (Development Permit) of the Palm Springs Zoning Code to construct a 4,012-SF commercial building for a Sherwin-Williams paint store at a 0.38-acre undeveloped parcel located near the southeast corner of North Palm Canyon Drive and West Stevens Road (APN: 505-184-028), Zone C-1; and
WHEREAS, notice of a public meeting of the Planning Commission of the City of Palm Springs to consider the above-mentioned application was given in accordance with applicable law; and
WHEREAS, on February 26, 2025, a public meeting on Case DP-2024-0009 was held by the Planning Commission in accordance with applicable law, and the Planning Commission voted unanimously to continue the item for further review to address the following: 1) A true, functional entrance is required on the North Palm Canyon Drive frontage; 2) The floor plan needs to be reconfigured to accommodate a functional entrance on the North Palm Canyon Drive frontage; 3) Glazing application on the North Palm Canyon Drive elevation needs to be expanded; and 4) Stronger landscape treatment with layered plant materials is desirable along the North Palm Canyon Drive frontage; and
WHEREAS, on March 25, 2025, a public meeting on Case DP-2024-0009 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the meeting on the Project, including but not limited to the staff report, all environmental data including the environmental assessment prepared for the project and all written and oral testimony presented.

Item 2F - Page 83
I
L
Planning Commission Resolution No. 6978
Case DP-2024-0009
March 25, 2025

THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:

Section 1:

1. Major Development Permit Findings.

The required findings for a Major Development Permit approval are outlined in Section 94.04.01 (D) (Development Permit - Criteria and Findings) of the Palm Springs Zoning Ordinance and include the following:

The proposed project is consistent with the General Plan and any applicable specific plan;
The project site is an undeveloped parcel located in the Uptown Mixed-Use Area, which is one of eight distinct, focused areas specifically defined in the General Plan. The intent of the mixed-use areas is that "The mix of uses should promote civic activity, define neighborhood character, and provide places for people to meet and socialize, enhancing the area's overall quality of life. These areas are intended to provide services and distinct gathering places and activity centers for surrounding neighborhoods and businesses.

Introduction of mixed-use development should be targeted for vacant and underperforming sites or areas where the City wants to create a stronger concentration of activity." (General Plan, Page 2-38, Paragraph 1) According to the General Plan, these mixed-use areas are special areas that are "envisioned to be pedestrian friendly with higher densities and intensities than the typical patterns of segregated uses. The mixed-use designation provides the City with the ability and authority to be more proactive in land use decisions for focused areas where new growth and development is desired." (Palm Springs 2040 General Plan, Page 2-37) In particular, the Uptown Mixed-Use Area is described as follows: "A collection of art galleries and boutiques are located here, along with a regional medical center and related medical and professional office uses. A more vibrant retail/ commercial area serving the needs of the adjacent residential neighborhoods of Las Pa/mas, Vista Las Pa/mas, Movie Colony, and Ruth Hardy Park are needed in this area." (Palm Springs 2040 General Plan, Page 2-41, Paragraph 1) Specifically, according to the General Plan, in the Uptown Mixed-Use Area "a concentrated mix of uses here could stimulate activity and create a sense of place by connecting new residential uses with the nearby medical offices, including the Desert Resort Regional Medical Center, and specialty shopping in the Heritage District. The primary purpose of a mixed-use center in the Uptown area is to generate a synergy between complementary uses that can ultimately result in a gathering place Item 2F - Page 84
I
L
Planning Commission Resolution No. 6978
Case DP-2024-0009
March 25, 2025

for residents and businesses in the northern end of the City." (General Plan,

and public testimony, the Planning Commission determines that the project is not pedestrian friendly and the use does not generate such synergy or create a gathering place for residents or businesses.

The General Plan further states "Introduction of mixed-use development should be targeted for vacant and underperforming sites or areas where the City wants to create a stronger concentration of activity" in the MU land use designation area (Palm Springs 2040 General Plan, page 2-38). The subject site is vacant and one of very few such sites in this MU area. Consequently, development opportunities are limited here. Therefore, the proposed use on this vacant parcel would adversely impact the possibility of achieving the City's goal for the Uptown Mixed-Use Area.

The proposed use is permitted by right in the C-1 Zone per PSZC Section

92.12.01(A)(29), but it serves vehicular traffic and commercial businesses almost exclusively, and does not fulfil the General Plan objective of creating a stronger concentration of activity or a stronger sense of community with the neighboring residential uses, including the senior apartments under construction directly across the street, or the nearby medical and specialty shopping in the Heritage District, as targeted by the General Plan.

Therefore, the finding of consistency with the General Plan is not met.

NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby denies Case DP-2024-0009, a Major Development Permit, for the construction of a 4,012-square-foot commercial building for a Sherwin-Williams paint store on a 0.35-acre undeveloped parcel located near the southeast corner of North Palm Canyon Drive and West Stevens Road (APN: 505-184-028).

ADOPTED THIS 25th DAY of March, 2025.

AYES: AYLAIAN, WEREMIUK, ROTMAN, MORRILL
NOES: BAKER, MILLER, MURPHY
ABSENT: NONE
ABSTAIN: NONE
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
o~C
Christopher Hadwin
Director of Planning Services
Item 2F - Page 85

ATTACHMENT J
Item 2F - Page 86
SITE INFORMATION:

PROPERTY ADDRESS
1488 N. PALM CANYON
PALM SPRINGS, CA, 92262
OWNER

WAYNE AND MARGARET GOTTLIEB
1546 N PALM CANYON
PALM SPRINGS, CA, 92262

MAP PREPARED BY
SCO PLANNING & ENGINEERING, INC.
140 LITTON DRIVE, SUITE 240
GRASS VALLEY, CA 95645
(530) 272-5841
CONTACT: MARTIN WOOD, P.L.S.

ASSESSOR'S PARCEL NUMBER
505-184-028
LEGAL
LOTS 2 AND 3 OF PALM SPRINGS ESTA TES
#3, MB 17, PAGE 34

LOT AREA
16,680 SF

ZONING/ GENERAL PLAN
C1; MU

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LAND USE
SF ACRES %
BUILDING FOOTPRINT 4,012 0.09 24.1%
ASPHALT 7,632 0.18 45.8%
CONCRETE 1,575 0.04 9.4%
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LEGEND

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EXISTING CONCRETE SURFACE

EXISTING ASPHALT/ HARDSCAPE TO BE REMOVED
EXISTING CONIFER TREE {P) PINE (F) FIR, DIAMETER INDICATED

UNDERGROUND SERVICE NOTE
I. SURFACE UTILITY FEATURES AS WELL AS SIZE, TYPE, AND LOCATION OF UNDERGROUND UTILITIES SHOWN ARE PER FIELD SURVEY, "AS BUILT", AND VARIOUS SOURCES. ACTUAL LOCATION MAY VARY.

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LEGEND

PROPERTY LINE
EXISTING MAJOR CONTOUR LINE (5' INTERVAL)
EXISTING MINOR CONTOUR LINE (1' INTERVAL)
PROPOSED MAJOR CONTOUR LINE (5' INTERVAL)
PROPOSED MINOR CONTOUR LINE (1' INTERVAL)
-----{Jfil-•--- WATER LINE PIPE (SIZE AS NOTED)
- ~ - - STORM DRAIN PIPE
--~ s -- SEWER LINE (SIZE AS NOTED)
- GAS -- GAS - GAS LINE
--JU --JU -- JOINT TRENCH (DRY UTILITIES)
--, --, -- ELECTRIC LINE

FENCE LINE
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-
DOUBLE WATER SERVICE (W-71.1, SHEET 8.4)
SINGLE WATER SER\1CE (W-70.1, SHEET 8.4)

FIRE HYDRANT

DRAINAGE INLET

STORM DRAIN MANHOLE
4" SINGLE SEWER LATERAL CLEAN OUT TO GRADE (S1)

SEWER MANHOLE

ELECTRIC TRANSFORMER & VAULT

COMCAST BOX & TDPUD ELECTRIC BOX

SUDDENLINK & AT&T BOX

SITE SECTIONS, SEE
SIGN

CONCRETE HARDSCAPE

ASPHALT PAVEMENT

CUT AND FILL VOLUMES
TOTAL CUT:

TOTAL FILL:

NET (IMPORT):
7 CY
707 CY
700 CY

DRAINAGE FACILITIES
G) -18" ROUND LANDSCAPE INLET
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G) -DRAINAGE INLET
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560

EXISTING
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SIDEWALK "'-
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\

60.0' PROP[ SEO BUILDING SEE ARCHITECTURAL FOR SPECIFICS I
I
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[6 2' - '._..-----2 , . - /1 <I C
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SCALE: 1" =20' HORIZ
1 "=5' VERT.
70' PROPOSED BUILDING SEE ARCHITECTURAL FOR SPECIFlCS
·•
' <' /,
FOUNDATION SYSTEM SHOWN FOR CONTEXT _/

EXISTING ROPERTY LINE
-

INCRE SE HEIGHT/ -----------

RECONSTRI CT EXISTING
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1+50

PROFILE VIEW
B-B, ST A: 1 +00 - 2+40
SCALE: 1" =20' HORIZ
1"=5' VERT.
- - "VrnTietlt--CIJRB--__/- - ____:.- . . .
"- I '
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LEGEND

PROPERTY LINE
EXISTING MAJOR CONTOUR LINE (5' INTERVAL)
----- EXISTING MINOR CONTOUR LINE (1' INTERVAL)
PROPOSED MAJOR CONTOUR LINE (5' INTERVAL)
PROPOSED MINOR CONTOUR LINE (1' INTERVAL)
------c:Bu-• WATER LINE PIPE (SIZE AS NOTED)
-~ -- STORM DRAIN PIPE
--~ s-- SEWER LINE (SIZE AS NOTED)
-GAS--GAS- GAS LINE
--JU--JU-- JOINT TRENCH (DRY UTILITIES)
--, --, -- ELECTRIC LINE

FENCE LINE
-··->-··->- FLOW LINE
-3
DOUBLE WATER SERVICE (W-71.1, SHEET 8.4)
SINGLE WATER SERVICE (W-70.1, SHEET 8.4)
'O' FIRE HYDRANT
- 560 El DRAINAGE INLET
@ STORM DRAIN MANHOLE
____,. 4" SINGLE SEWER LATERAL CLEAN OUT TO GRADE (S1)
[c]f [i]

SEWER MANHOLE

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600
590
580
570
560
555
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SCALE: 1" =20' HORIZ
1"=5' VERT.

I

IN CREA ,E HEIGHT/ -------------
RECONSTRU«T EXISTING ·1
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APPROXIMATE FOR CONTEXT
I
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~ APPROXIMATE FF = 555' ,
EXISTING 6' WALL
600~-----~---~----------------------------------------------~------------600 590 +-------+---------------------t----------------------t---------------------+--- --+ 590 580

ADJACENT BUILDING (NORTH) SHOWN

APPROXIMATE FOR CONTEXT
560
APPROXIMATE FF = 558'
555
1+00
..,
~

EXISTING PROPERTY LINE

EXISTING BUILDING/WALL

5.4' 15.6' DRIVE ISLE
I .

EQUIPMENT SCREENING
i----------70.0' PROPOSED BUILDING SEE ARCHITECTURAL FDR SPECIFICS-----+--l L
"" -
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BUILDING SHOWN FOR CONTEXT ONLY.

I SEE ARCH PLANS FOR SPECIFICS --.-, ----.
• • ~--------~---~-------<--t-
•
1+50
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PROFILE VIEW
B-B, STA: 0+85 - 2+60
SCALE: 1" =20' HORIZ.
1"=20' VERT.
2+00
EXISTING PROPERTY LINE ~
I

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----------- , '
.Q' 14. D IVE ISLE
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580
570

ADJACENT BUILIDING (SOUTH) SHOWN

APPROXIMATE FOR CONTEXT
l ~ APPROXIMATE FF= 556'
560
555
2+50
'-" '-" w U-
3+00
600
590
ADJACENT BUILDING (EAST) SHOWN ~ f- 580

APPROXIMATE FOR CONTEXT
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I I I I I
I I I I I 560

I ' ' ' ' I I
1 APPROXIMATE FF = 555' I
555
'-" '-" w U-
3+50

PROPERTY LINE
EXISTING MAJOR CONTOUR LINE (5' INTERVAL)
EXISTING MINOR CONTOUR LINE (1' INTERVAL)
PROPOSED MAJOR CONTOUR LINE (5' INTERVAL)

PROPOSED MINOR CONTOUR LINE (I' INTERVAL)

WATER LINE PIPE (SIZE AS NOTED)

STORM DRAIN PIPE

SEWER LINE (SIZE AS NOTED)

GAS LINE

JOINT TIRENCH (DRY UTILITIES)

ELECTRIC LINE

FENCE LINE

FLOW LINE
DOUBLE WATER SERVICE (W-71.1, SHEET 8.4)
SINGLE WATER SERVICE (W-70.1, SHEET 8.4)

FIRE HYDRANT

DRAINAGE INLET

STORM DRAIN MANHOLE
4" SINGLE SEWER LATERAL CLEAN OUT TO GRADE (Sl)

SEWER MANHOLE

ELECTRIC TIRANSFORMER & VAULT

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SIGN

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1 A1
1 A2
2 A2
2 A1
Finish Floor
0' - 0"
C.O. Lights
9' - 0"
T.O. Parapet
18' - 0"

ROOFTOP

UNIT BEYOND
S-1
M-1 V-1

EQUIPMENT
SCREEN - M-2
L-1

ROOF LINE BEYOND
L-1
B.O. Soffit
9' - 4"
S-3
1 A6
Finish Floor
0' - 0"
T.O. Wainscot
3' - 4"
B.O. Awning
9' - 4"
T.O. Storefront
9' - 4"
C.O. Lights
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T.O. Parapet
18' - 0"
V-1

ROOFTOP

UNIT BEYOND
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S-1
S-3 S-1
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EQUIPMENT
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UNIT BEYOND

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6"
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2 A6

MARK DESCRIPTION MANUFACTURER & SPEC SAMPLE

EXTERIOR FINISH SCHEDULE
S-1
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STUCCO -
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TEXTURE: PEBBLE COAT
COLOR: SHERWIN-WILLIAMS
SW 6105 DIVINE WHITE
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COLOR: SHERWIN-WILLIAMS
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L-1
L-2

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COLOR: WHITE

EXTERIOR

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PROGRESS LIGHTING P5641-82/30K

WALL MOUNTED CYLINDER
DISTRIBUTION: DOWN
COLOR: CLEAR ANODIZED ALUMINUM
L-5 SITE

LIGHTING

LSI INDUSTRIES

MIRANDA SMALL AREA MRS
MRS-LED-15L-SIL-3-40-70CRI-IH
FINISH: BLK BLACK
SHEET TITLE:

CHECKED BY:DRAWN BY:

PROJECT #:
© ALL DRAWINGS AND WRITTEN MATERIAL CONTAINED HEREIN ARE THE PROPERTY OF THE LINGLE DESIGN GROUP, INC. THEY MAY NOT BE REVISED,

COPIED, REUSED, OR DISCLOSED IN ANY MANNER WITHOUT WRITTEN AUTHORIZATION FROM THE ARCHITECT.

Lingle Design Group,inc
LingleDesignGroup,Inc
158 West Main Street
Lena, IL 61048
815.369.9155
1764 BLAKE ST
DENVER, CO 80202
303.974.5875
www.lingledesign.com
SCHEMATIC ELEVATIONS - 9/24/2024

SHERWIN WILLIAMS
-
-
-
-
-
-
-
-
-
-
ADDRESS:

SHEET NUMBER:

STORE #:

XXXX
11/08/2024
PLANNING COMMENTS - 11/08/2024
A1

SCHEMATIC FLOOR
PLAN &

ELEVATIONS
TBD
BA MP
1488 N PALM CANYON DR,
PALM SPRINGS, CA 92262
3/32" = 1'-0"

FLOOR PLAN

SHERWIN WILLIAMS

PALM SPRINGS, CA
1/4" = 1'-0"1 SOUTH ELEV
1/4" = 1'-0"2 WEST ELEV
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Item 2F - Page 92
Finish Floor
0' - 0"
B.O. Awning
9' - 4"
T.O. Storefront
9' - 4"
C.O. Lights
9' - 0"
T.O. Parapet
18' - 0"
V-1

ROOFTOP

UNIT BEYOND
S-1

EQUIPMENT
SCREEN - P-3
L-1

SIGNAGE AREA
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UNIT BEYOND

EQUIPMENT
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S-1
2 A6
Finish Floor
0' - 0"
C.O. Lights
9' - 0"
T.O. Parapet
18' - 0"

ROOFTOP

UNIT BEYOND
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P-2 V-1

EQUIPMENT
SCREEN - M-2
L-1

ROOF LINE BEYOND
L-1L-3 S-1
1 A6
6"
4' - 5 3/4"

MARK DESCRIPTION MANUFACTURER & SPEC SAMPLE

EXTERIOR FINISH SCHEDULE
S-1
(P-1)

STUCCO -
FIELD
(PAINT)
TEXTURE: PEBBLE COAT
COLOR: SHERWIN-WILLIAMS
SW 6105 DIVINE WHITE
S-2
(P-2)

STUCCO - BAY
(PAINT)
TEXTURE: PEBBLE COAT
COLOR: SHERWIN-WILLIAMS
SW 7506 LOGGIA
M-1 ANODIZED

ALUMINUM
COLOR: CLEAR ALUMINUM
(STOREFRONT)
TEXTURE: PEBBLE FINE
COLOR: SHERWIN-WILLIAMS
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EXTERIOR LIGHTING SCHEDULE
L-1
L-2

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DISTRIBUTION: DOWN
COLOR: WHITE
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GE CURRENT

EVOLVE EWLS L SERIES
DISTRIBUTION: DOWN
COLOR: BRONZE
L-4

RECESSED

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SOFFIT

GE CURRENT

LUMINATION LRXB SERIES
6" 1,000 LUMEN LED TRIM
COLOR: WHITE

EXTERIOR

LIGHTING
PROGRESS LIGHTING P5641-82/30K

WALL MOUNTED CYLINDER
DISTRIBUTION: DOWN
COLOR: CLEAR ANODIZED ALUMINUM
L-5 SITE

LIGHTING

LSI INDUSTRIES

MIRANDA SMALL AREA MRS
MRS-LED-15L-SIL-3-40-70CRI-IH
FINISH: BLK BLACK
1/4" = 1'-0"1 NORTH. ELEV
1/4" = 1'-0"2 EAST ELEV
SHEET TITLE:

CHECKED BY:DRAWN BY:

PROJECT #:
© ALL DRAWINGS AND WRITTEN MATERIAL CONTAINED HEREIN ARE THE PROPERTY OF THE LINGLE DESIGN GROUP, INC. THEY MAY NOT BE REVISED,

COPIED, REUSED, OR DISCLOSED IN ANY MANNER WITHOUT WRITTEN AUTHORIZATION FROM THE ARCHITECT.

Lingle Design Group,inc
LingleDesignGroup,Inc
158 West Main Street
Lena, IL 61048
815.369.9155
1764 BLAKE ST
DENVER, CO 80202
303.974.5875
www.lingledesign.com
SCHEMATIC ELEVATIONS - 9/24/2024

SHERWIN WILLIAMS
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11/08/2024
PLANNING COMMENTS - 11/08/2024
A2

SCHEMATIC FLOOR
PLAN &

ELEVATIONS
TBD
Author Checker
1488 N PALM CANYON DR,
PALM SPRINGS, CA 92262
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2 SOUTHEAST VIEW1 SOUTHWEST VIEW
3 NORTHWEST VIEW 4 NORTHEAST VIEW
SHEET TITLE:

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COPIED, REUSED, OR DISCLOSED IN ANY MANNER WITHOUT WRITTEN AUTHORIZATION FROM THE ARCHITECT.

Lingle Design Group,inc
LingleDesignGroup,Inc
158 West Main Street
Lena, IL 61048
815.369.9155
1764 BLAKE ST
DENVER, CO 80202
303.974.5875
www.lingledesign.com
SCHEMATIC ELEVATIONS - 9/24/2024

SHERWIN WILLIAMS
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-
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ADDRESS:

SHEET NUMBER:

STORE #:

XXXX
11/08/2024
PLANNING COMMENTS - 11/08/2024
A3
3D VIEWS
TBD
Author Checker
1488 N PALM CANYON DR,
PALM SPRINGS, CA 92262
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Item 2F - Page 94
1'-6"
6"
CONC. SLAB / ASPHALT
CONC. WASH
CONC. FILL
6" DIAMETER TYP.

CONC. WASH

JOINT FILLER

UNDISTURBED
/COMPACTED SOIL
NOTE: SEE PLAN FOR LOCATION
2"
4'-0" TYP.2'-6" MIN.
3-1/2" STEEL PIPE

HINGE POST
4" STEEL PIPE
SWIVEL
1/4" STEEL BAR -

WELD TO GATE
FRAME
4" DIAM. STEEL PIPE

STATIONARY
4"2"

ELEVATION PLAN
1-1/2" RIB X 18 GA.

STEEL DECKING -

SCREW ATTACH TO

FACE OF GATE

FRAME W/ SELF

TAPPING SCREWS -

PRIME & PAINT

WELD HINGE STRAP
TO 1-1/2" TUBE
FRAME
3 A4
A4
1 9'-11 5/8"
2'-4"3'-0"3'-0"
1'-0"
TYP.
6"
TYP.
4"
TYP.
6"
TYP.
4"

EXPANSION
JOINT, TYP.

CONTROL
JOINT, TYP.
#4 SMOOTH DOWELS
& CAPS - 18" LONG @
24" O.C., TYP.
7" CONCRETE SLAB W/ 6X6-
W2.9XW2.9 W.M.M. MID DEPTH

OVER COMPACTED FILL
12"X12" THICKENED
SLAB EDGE, TYP.

EMBED GATE POST SIMILAR
TO BOLLARD DETAIL, TYP.

TYP.
22' - 9 5/8"
22'-7 5/8"
3' - 0"3' - 0"2' - 4"
10'-0"
6'-0" A.F.F.

T.O. MASONRY

PER CIVIL
T.O. SLAB
METAL FLASHING CAP PAINTED P2 PER A1
8" DEEP CONTINUOUS BOND
BEAM W/ (2) CONTINUOUS #5'S -

HOOK WALL VERT INTO TOP BOND
BEAM W/ STANDARD 90o HOOK
8" CMU W/ #5 VERTS @ 24" O.C.

MAX IN GROUTED FULL CORES -

PROVIDE MATCHING DOWELS
INTO FOUNDATION - PAINT P-1
PER SHEET A1

ALL CMU BELOW GRADE TO BE

GROUTED FULL
1/2" EXPANSION MATERIAL
4"
3"
3"

BELOW GRADE
3'-0" MIN. 8"
TYP.
9"
TYP.
5'-2"
TYP.
4'-9 1/2"
22'-7 1/4"
9'-11 5/8"
6'-0"

SIDE ELEVATIONFRONT ELEVATION
1-1/2" STEEL TUBE FRAME -

MITRED & WELDED - PRIME
& PAINT P-1
1-1/2" RIB X 18 GA STEEL

DECKING - ATTACH TO

GATE FRAME W/ SELF-

TAPPING SCREWS - PRIME
& PAINT P-1

STEEL CANE BOLT AT

EACH GATE LEAF
P-1
P-2
P-2
P-1
SHEET TITLE:

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Lingle Design Group,inc
LingleDesignGroup,Inc
158 West Main Street
Lena, IL 61048
815.369.9155
1764 BLAKE ST
DENVER, CO 80202
303.974.5875
www.lingledesign.com
SCHEMATIC ELEVATIONS - 9/24/2024

SHERWIN WILLIAMS
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ADDRESS:

SHEET NUMBER:

STORE #:

XXXX
11/08/2024
PLANNING COMMENTS - 11/08/2024
A4

TRASH ENCLOSURE

DETAILS
TBD
BA MP
1488 N PALM CANYON DR,
PALM SPRINGS, CA 92262
1/2" = 1'-0"1 BOLLARD DETAIL
1 1/2" = 1'-0"2 HINGE DETAIL
1/4" = 1'-0"4 TRASH ENCLOSURE PLAN
1/2" = 1'-0"3 TRASH ENCLOSURE WALL SECTION
1/4" = 1'-0"5 TRASH ENCLOSURE ELEVATIONS
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Item 2F - Page 95
1 A6
2 A6
1/4" / 1'-0"
21' - 5" 40' - 11 3/4"
11' - 7 7/16" 42' - 0" 14' - 0 3/16"
27' - 11 1/4" 28' - 11 1/2"
27' - 11 1/4" 28' - 11 1/2"
14' - 11" 3' - 0 3/16"
11' - 3 3/4" 2' - 6 3/16"
RTU 2 RTU 1

ROOF ACCESS
HATCH

ROOF DRAIN
ROOF
SCREEN
5' - 8" 54' - 3 3/4" 7' - 8"
25' - 1 3/4"10' - 1"

REINFORCED

WALKWAY

OVERFLOW DRAIN

SLOPE CRICKET

TO ROOF DRAIN
3' - 6" 2' - 0"
SHEET TITLE:

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© ALL DRAWINGS AND WRITTEN MATERIAL CONTAINED HEREIN ARE THE PROPERTY OF THE LINGLE DESIGN GROUP, INC. THEY MAY NOT BE REVISED,

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Lingle Design Group,inc
LingleDesignGroup,Inc
158 West Main Street
Lena, IL 61048
815.369.9155
1764 BLAKE ST
DENVER, CO 80202
303.974.5875
www.lingledesign.com
SCHEMATIC ELEVATIONS - 9/24/2024

SHERWIN WILLIAMS
-
-
-
-
-
-
-
-
-
-
ADDRESS:

SHEET NUMBER:

STORE #:

XXXX
11/08/2024
PLANNING COMMENTS - 11/08/2024
A5

ROOF PLAN
TBD
BA MP
1488 N PALM CANYON DR,
PALM SPRINGS, CA 92262
1/4" = 1'-0"1 ROOF PLAN
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Item 2F - Page 96
Finish Floor
0' - 0"
T.O. Storefront
9' - 4"
T.O. Parapet
18' - 0"
1 A6
Finish Floor
0' - 0"
T.O. Parapet
18' - 0"
2 A6
SHEET TITLE:

CHECKED BY:DRAWN BY:

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© ALL DRAWINGS AND WRITTEN MATERIAL CONTAINED HEREIN ARE THE PROPERTY OF THE LINGLE DESIGN GROUP, INC. THEY MAY NOT BE REVISED,

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Lingle Design Group,inc
LingleDesignGroup,Inc
158 West Main Street
Lena, IL 61048
815.369.9155
1764 BLAKE ST
DENVER, CO 80202
303.974.5875
www.lingledesign.com
SCHEMATIC ELEVATIONS - 9/24/2024

SHERWIN WILLIAMS
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ADDRESS:

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11/08/2024
PLANNING COMMENTS - 11/08/2024
A6

BUILDING

SECTIONS
TBD
BA MP
1488 N PALM CANYON DR,
PALM SPRINGS, CA 92262
1/4" = 1'-0"2 BUILDING SECTION
1/4" = 1'-0"1 BUILDING SECTION
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1 A6
2 A6
3' - 1" 3' - 1"
EQ EQ
3' - 1" 3' - 1"
EQ EQ
L-1
L-1
L-3
L-1
L-2
L-1
L-1
L-1
L-1L-4
L-4
L-4
L-4

MARK DESCRIPTION MANUFACTURER & SPEC

EXTERIOR LIGHTING SCHEDULE
L-1
L-2

EMERGENCY

LIGHTING

AT SOFFIT

SURE-LITES
SELW 25WH

WALL MOUNTED
DISTRIBUTION: DOWN
COLOR: WHITE
L-3 WALL PACK

GE CURRENT

EVOLVE EWLS L SERIES
DISTRIBUTION: DOWN
COLOR: BRONZE
L-4

RECESSED

LIGHTING
SOFFIT

GE CURRENT

LUMINATION LRXB SERIES
6" 1,000 LUMEN LED TRIM
COLOR: WHITE

EXTERIOR

LIGHTING
PROGRESS LIGHTING P5641-82/30K

WALL MOUNTED CYLINDER
DISTRIBUTION: DOWN
COLOR: CLEAR ANODIZED ALUMINUM
L-5 SITE

LIGHTING

LSI INDUSTRIES

MIRANDA SMALL AREA MRS
MRS-LED-15L-SIL-3-40-70CRI-IH
FINISH: BLK BLACK
SHEET TITLE:

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Lingle Design Group,inc
LingleDesignGroup,Inc
158 West Main Street
Lena, IL 61048
815.369.9155
1764 BLAKE ST
DENVER, CO 80202
303.974.5875
www.lingledesign.com
SCHEMATIC ELEVATIONS - 9/24/2024

SHERWIN WILLIAMS
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-
-
-
-
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-
-
-
ADDRESS:

SHEET NUMBER:

STORE #:

XXXX
11/08/2024
PLANNING COMMENTS - 11/08/2024
A7

REFLECTIVE

CEILING PLAN
TBD
Author Checker
1488 N PALM CANYON DR,
PALM SPRINGS, CA 92262
1/4" = 1'-0"1 REFLECTIVE CEILING PLAN
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Item 2F - Page 98

RETAIL SALES
101

RESTROOM
104

HALLWAY
106
OFFICE
105
ALCOVE
107

TINT AREA
103
2 5
17 18

WHOLESALE
AREA
102

HANDSTACK HANDSTACK HANDSTACK

HANDSTACKHANDSTACKHANDSTACKHANDSTACK

HANDSTACK

HANDSTACKHANDSTACKHANDSTACKHANDSTACKHANDSTACK
19 14
13 11
15 12
12 3
1 9
7 8
9 10
4 6
16 20
WORK
TABLE

COLORSNAP

TRUSTED

COLLECTIONS

DESIGNER

INSPIRED
THE
PAINT
4' - 6"
5' - 0"
4' - 6"
4' - 8 7/8"
5' - 7"
6' - 0"
5' - 11"
2' - 5"3' - 10"
SHEET TITLE:

CHECKED BY:DRAWN BY:

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COPIED, REUSED, OR DISCLOSED IN ANY MANNER WITHOUT WRITTEN AUTHORIZATION FROM THE ARCHITECT.

Lingle Design Group,inc
LingleDesignGroup,Inc
158 West Main Street
Lena, IL 61048
815.369.9155
1764 BLAKE ST
DENVER, CO 80202
303.974.5875
www.lingledesign.com
SCHEMATIC ELEVATIONS - 9/24/2024

SHERWIN WILLIAMS
-
-
-
-
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-
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-
ADDRESS:

SHEET NUMBER:

STORE #:

XXXX
02/12/2025
PLANNING COMMENTS - 11/08/2024
PLANNING COMMENTS - 02/12/2025
A8

FLOOR PLAN
TBD
BA MP
1488 N PALM CANYON DR,
PALM SPRINGS, CA 92262
1/4" = 1'-0"1 FLOOR PLAN

EQUIPMENT LIST
TAG D

ESCRIPTION MANUFACTURER MODEL

PROVIDED
BY

INSTALLED

BY REMARKS
1 UTILITY SINK ELKAY B1C24X24X GC GC ELEVATED ON METAL LEGS 2 WATER HEATER A. O. SMITH DEL-20-4

ELECTRIC

GC GC MOUNT ON SHELF ABOVE UTILITY SINK - VERIFY

SPEC W/ PLUMBING
3 EYEWASH STATION BRADLEY S19224DC GC GC WALL MOUNTED - PLUMB TO HOT/COLD WATER (W/

MIXING VALVE) & SANITARY SEWER
4 SLIDING GLASS DOOR TORMAX TX9200 TENANT GC
5 EMERGENCY KEY CABINET KNOX BOX 3200 RECESSED

MOUNTED
GC GC MOUNT 4'-0" A.F.F. - COORDINATE FINAL

PLACEMENT WITH FIRE PREVENTION BUREAU
6 OVERHEAD DELIVERY DOOR OVERHEAD DOOR 470 GC GC WALL-MOUNTED MOTORIZED OPERATOR:

LIFTMASTER LJ8900W
7 COFFEE BAR W/ WATER COOLER TENANT TENANT
8 HIGH/LOW DRINKING FOUNTAIN ELKAY VRCGRNTL8 GC GC REFER PLUMBING 9 FILE CABINET TENANT TENANT
10 ALUMINUM RACEWAY LEGRAND ALA4800 & ALA-G TENANT GC ALTERNATES: HUBBLE HBLALU4800 & MONOSYSTEMS SWA4800
11 ACCUTINTER MILLER ACCUTINTER 8012 TENANT TENANT VERIFY SPEC W/ SHERWIN-WILLIAMS 12 5 GALLON MIXER RED DEVIL 05025U TENANT TENANT VERIFY SPEC W/ SHERWIN-WILLIAMS 13 1 GALLON MIXER RED DEVIL 1015-PB-SQ TENANT TENANT VERIFY SPEC W/ SHERWIN-WILLIAMS 14 MANUAL TINTER FLUID

MANAGEMENT
HARBIL NSC80 TENANT TENANT VERIFY SPEC W/ SHERWIN-WILLIAMS 15 CONVEYOR ROLLER TENANT TENANT VERIFY SPEC W/ SHERWIN-WILLIAMS 16 ROOF HATCH BILCO GS-50TB - 36x30 GC GC COORDINATE PLACEMENT WITH STRUCTURAL 17 EXTERIOR BUZZER BUTTON EDWARDS 1786-B GC GC MOUNT 4'-0" A.F.F. - REFER ELECTRICAL 18 BUZZER RECEIVER OPTEX RCTD-20U GC GC MOUNT 9'-0" A.F.F. - REFER ELECTRICAL 19 DATA CABINET GC GC INSTALL PHONE/COMPUTER BOARD AT DATA

CABINET
20 FIXED ROOF LADDER GC GC 18 INCH WIDE LADDER
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Item 2F - Page 99

EV CHARGING
ONLY
AeccDbCogoPoint (AeccLand130)
1/8" = 1'-0"
P-1

PRELIMINARY PLANTING PLAN

PRELIMINARY PLANTING PLAN
PALM SPRINGS, CA 92262

SHERWIN WILLIAMS
78-060 Calle Estado Suite #16
La Quinta, California 92253
(760) 698-9696
[email protected]
RAY MARTIN DESIGN CORP.

Landscape Design / Management
NOTE:

WORK CONTAINED WITHIN THESE PLANS

SHALL NOT COMMENCE UNTIL AN

ENCROACHMENT PERMIT AND/OR A
GRADING PERMIT HAS BEEN ISSUED.

MARK BY DATE

ENGINEER

REVISIONS
COUNTY
APPR. DATE
DATE
PREPARED BY:

SHEET NO.
11/21/2024
1-800-227-2600

YOU DIG
DIAL
BEFORE

TOLL FREE

TWO WORKING

DAYS BEFORE

YOU DIG

A PUBLIC SERVICE BY

UNDERGROUND SERVICE ALERT
The private engineer signing these plans is responsible for assuring the accuracy and acceptability of the design hereon. In the event of discrepancies arising after county approval or during construction, the private engineer shall be responsible for determining an acceptable solution and revising the plans for approval by the county.

NORTH
RMDC
1 CURRENT DATE: SCALE:

THESE DRAWINGS ARE AN INSTRUMENT OF SERVICE AND REMAIN THE PROPERTY OF RAY MARTIN DESIGN & ASSOCIATES, INC. THEY ARE NOT TO BE REPRODUCED OR ALTERED IN ANY WAY, NOR DISCLOSED OR ASSIGNED TO ANY THIRD PARTY WITHOUT THE WRITTEN CONSENT OF RAY MARTIN DESIGN & ASSOCIATES, INC.

ORIGINAL DATE:

SHERWIN WILLIAMS
11/21/2024
GF
1488 N. PALM CANYON
APN:505-184-028
(REFERENCE IMAGE)(REFERENCE IMAGE)(REFERENCE IMAGE)(REFERENCE IMAGE)(REFERENCE IMAGE)(REFERENCE IMAGE)(REFERENCE IMAGE)(REFERENCE IMAGE)(REFERENCE IMAGE) 0 _J <I
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PYRUS KAWAKAMI AGAVE TEQUILANA FOUQUIERIA SPLENDENS
/
/
/
/

LANT ANA GOLD
.
•

CALLIANDRA

PLANT LEGEND

PALMS / TREES

SYMBOL, QTY, SCIENTIFIC NAME,
0 'COMMON NAME',
s PELONIX REGIA
'FL,l,l'iE TREE'
•
':l PHOENIX ROEBELIN

PYGMY PATE PALM'
8) 8 PYRUS KAWAKAMI I
'EVE!sGREEN FEAR'

DESERT ACCENTS
~
EB
SHRUBS
@
II
1 AGAVE TEQUILANA

FOUQUIERIA &FLENPENS
'OCOTILLO'
LANT ANA X 'C.OLD'
'GOLD LANT ANA·

GROUNDCOVERS / VINES
a>ri<r 14 CALLIANPRL\ I-IAEMAT=EPI-IALA
'RED POWDER PUFF VINE'
ROCK & MISC. MATERIALS
em 4005.F.
_1_·· __ · ... ·1 2.b40 5.F.

COBBLE

COLOR, MEXICAN BEACH BUFF
SIZE, l"-2" PIA@ 2" PEPT+-1 HIN.

CRl.l5HED ROCK
COLOR CHAMOl5 BEIC.E
5 IZE, 3/8" PIA.

SHADE ANALYSIS

SQFT DESCRIPTION
2,:,10 5QFT TOT AL 5QfT. PARKING
l.b!;!; 6QFT -5QFT. TREE 51-iADE
b5.':l3% TOT AL % OF SI-IADED PARKING

PLANT SIZE,
/ NOTE&•
3G11 BOX
2411 SOX
'MUL Tl TRUNK'
2411 BOX
IS C.AL .
10-12' CANES
MIN.

S GAL.

IS C.AL.

STAKED

CHAMOIS BEIGE MEXICAN BEACH BUFF
Item 2F - Page 100

SITE AND DRIVE THRU PHOTOMETRIC PLAN
Scale: 1/8" = 1'-0"1
SHEETTITLE:

CHECKED BY:DRAWN BY:

PROJECT #:
© ALL DRAWINGS AND WRITTEN MATERIAL CONTAINED HEREIN ARE THE PROPERTY OF THE LINGLE DESIGN GROUP, INC. THEY MAY NOT BE REVISED,

COPIED, REUSED, OR DISCLOSED IN ANY MANNER WITHOUT WRITTEN AUTHORIZATION FROM THE ARCHITECT.
1488 N PALM CANYON DR,
PALM SPRINGS, CA 92262
Lingle Design Group,inc
LingleDesignGroup,Inc
158 West Main Street
Lena, IL 61048
815.369.9155
1764 BLAKE ST
DENVER, CO 80202
303.974.5875
www.lingledesign.com
PLANNING SUBMITTAL - 12-13-24

SHERWIN WILLIAMS
-
-
-
-
-
-
-
-
-
ADDRESS:

SHEETNUMBER:

STORE #:

XXXX
12/13/24
- -
-
796 Merus Court
St. Louis, MO 63026
T 636.349.1600
F 636.349.1730
CERTIFICATE OF AUTHORITY NO. F-20080

PHOTOMETRIC NOTES

SITE PHOTOMETRIC

CALCULATIONS
EPH 1.0
Schedule
SyMbol Lo.bel Quo.ntit Co. to.log NuMber Description y
0 17
L-4
D L-3
1 E\JLS02_ 40AF7 40 ---- ~E\JLS02 \JALL PACK
-120-277V ---

4 MRS-LED-06L -SIL -3-: 0-
L-5 70CRI a
~ L-1 6 P5641-8230K 6' 29\J LED Down-Light Cylincler
Sta. tistics
Description Syrribol Avg Mo.x Min Mo.x/Min Avg/Min
Outside Prooertv Lin i- 1.4 fc 6,8 fc 0.0 fc N/A N/A
Inside Prooertv L ne + 2.8 fc 16,4 fc 0.1 fc 164,0:1 28,0:1 NuMber LuMens \Jo. tto.ge Lo.Mps Per Lo.Mf
1 1550 22
1 4000 27
1 6018 39
1 992 29,2
+ + + + + + + + +
+--~0,0 O.,Q 0.1 0.1 0.2 0,3 0,3 0,3 0.4
+ + + + +
0,5 0,9 1.3 1.1 1.2
ALL FIXTURE HEIGHTS ASSUME A BASELINE ELEVATION OF O" A.F.F. AT THE CONSTRUCTED BUILDING'S FINISHED FLOOR SLAB. FIXTURE HEIGHTS GIVEN WHEN MOUNTED TO THE BUILDING ARE FOR THE CENTERLINE MOUNTING HEIGHT. FIXTURE

HEIGHTS GIVEN WHERE POLE MOUNTED OR RECESSED ARE GIVEN FOR THE BOTTOM OF

THE LENS OF THE LUMINAIRE AND DO NOT REFLECT THE HEIGHT OF THE POLE, BASE OR THE FIXTURE ITSELF.

LIGHTING SHOWN IS DESIGNED BASED ON THE WRITTEN LANDLORD'S CONTRACTOR

LETTER TO DETERMINE FIXTURE OUTPUTS AND DISTRIBUTION AS TO MEET THE WRITTEN FOOT-CANDLE LEVELS REQUIRED. FIXTURES PER THE SCHEDULE MUST BE SEPARATELY

APPROVED BY THE LANDLORD'S CONTRACTOR AND TENANT PRIOR TO PURCHASE AND INSTALLATION. ALTERNATIVE FIXTURES SHALL BE PROVIDED AS A SUBMITTAL TO THE ENGINEER FOR REVIEW. SUBMITTAL FOR THER PROPOSED ALTERNATIVE FIXTURE SHALL

INCLUDE A PRODUCT DATA SHEET AND PHOTOMETRIC STUDY FOR COMPARISON TO THE PHOTOMETRIC STUDY PROVIDED HERE IN AS THE BASIS OF DESIGN ..

PHOTOMETRIC CALCULATIONS AS DRAWN FACTOR THE SHELL CONSTRUCTION ONLY AND

ASSUME NO TOPIARY, FOLIAGE, TIREES OR OTHER BOUNDARIES, BARRIERS OR OBSTRUCTIONS THAT MAY BE PRESENT. LIGHT LEVELS SHOWN DO NOT REFLECT

ADDITIONAL BOUNDARIES, OBSTRUCTIONS, TENANT CONSTRUCTION, ELEVATION CHANGES,

OR EXISTING FIXTURES OR LIGHTING PROVIDED AWAY FROM THE SITE, AND MAY NOT FULLY REFLECT FINAL CONDITIONS OR CONSTIRUCTION.
+ + + + + + + + + + + + + + + +

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CASE
Engineering Inc.

I
6 __________ _
6 _________ _
6 _________ _
6 _________ _
6 _________ _
6 _________ _
Item 2F - Page 101
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FS557.29
FS557.38
FS557.36
FS557.22
TRASH ENC558.33
TRASH ENC557.24
TRASH ENC557.46
TRASH ENC558.26FAUCET558.30

BLOCK WALL WF
557.54
BLOCK WALL WF557.22
BLDG COR557.86
PVC RISER557.84
ELBOW PVC556.30
PVC RISER555.97

PVC RISER
555.96
PVC RISER555.17
RET WALL TOP SF563.48

RET WALL TOP SF STEP
563.49
RET WALL TOP SF STEP563.27
RET WALL TOP SF STEP563.34
RET WALL TOP SF STEP562.03

RET WALL TOP SF STEP
562.00

RET WALL TOP SF STEP
560.67

RET WALL TOP SF
560.70

RET WALL TOP WF STEP
560.98

RET WALL TOP WF
561.08

RET WALL TOP WF
561.16
RET WALL TOP WF561.16

RET WALL TOP WF
561.23

RET WALL TOP NF
561.21
RET WALL TOP NF561.31
RET WALL TOP NF561.42
RET WALL TOP NF561.43
RET WALL TOP NF STEP561.44 RET WALL TOP NF STEP557.75

RET WALL TOP NF
557.85

RET WALL TOP NF
557.79

CL SEW PIPE FL
551.79
CL SEW PIPE FL551.58CL SEW PIPE FL551.65
S89° 54' 37"W 293.34'
139.51'
(555)
(555)
(555)
(556)
(556)
(557) (558)
N89° 53' 38"E 139.51'
N89° 53' 38"E 139.51'
S89° 53' 38"W 139.51'
N00° 01' 46"E 120.04'
S00° 01' 48"W 120.04'
S00° 01' 48"W 2640.26'
S89° 54' 37"W 353.33'

30.00'15.00'

30.00'

0.09'

0.02'

0.18'

0.06'

0.06'

0.06'

0.66'

0.49'

0.99'

1.08'

1.19'

1.24'

1.48'

1.51'

1.45'

1.44'

60.02' 60.02' 60.02'

59.98'60.02'60.02'
ITEM 6 OF TITLE REPORT
5' EASEMENT IN FAVOR OF

CALIFORNIA WATER & TELEPHONE COMPANY
RECORDED DECEMBER 2, 1957
IN BOOK 2186, PAGE 170
POB
N
0010'20'
PROJECT LOCATION & NAME: C:\Users\sturm\Dropbox\Share (bgs1)\BLACKGOLD ENGINEERING OUTSIDE JOBS\MATT MCWHIRTER\McWHIRTER ALTA 10-2-24.dwg PLOT TIME: Wednesday, October 30, 2024 12:47:09 PM LAYOUT: ALTA SHEET 2 30 X 42 ExhibitPLOT STYLE:

PREPARED BY:

NCS US Standard.stb
BASIS OF BEARINGS IS THE CENTERLINE OF N PALM CYN PER RS 163/81 BEING S 0°01'48"W BENCHMARK IS CITY OF PALM SPRINGS "SCORPIO" EL=562.312
SHEET 2 OF 2

STEVENS ROAD

NORTH PALM CANYON

NO BUILDINGS

ALTA/NSPS LAND TITLE SURVEY

VACANT LAND

NORTH PALM CANYON DRIVE, PALM SPRINGS, CA

NO BUILDINGS
LOT 1
LOT 4
LOT 33 LOT 34 LOT 35 LOT 36
LOT 2
MB 17/34
LOT 3
MB 17/34

EXISTING BUILDING
LOT 'B' MB 17/34

15.00'
APN 505-184-001

DESERT PRIMARY CARE REAL ESTATE
APN 505-184-020

KENETH W AGEE JR/KRISTINE S EASTLING
APN 505-184-020

KENETH W AGEE JR/KRISTINE S EASTLING
APN 505-184-019

KENETH W AGEE JR/KRISTINE S EASTLING
APN 505-184-019

KENETH W AGEE JR/KRISTINE S EASTLING
APN 505-184-004

BUSAMALEE GREENFIELD
Item 2F - Page 102

ATTACHMENT K
Item 2F - Page 103
SITE INFORMATION:

PROPERTY ADDRESS
1488 N. PALM CANYON
PALM SPRINGS, CA, 92262
OWNER

WAYNE AND MARGARET GOTTLIEB
1546 N PALM CANYON
PALM SPRINGS, CA, 92262

MAP PREPARED BY
SCO PLANNING & ENGINEERING, INC.
140 LITTON DRIVE, SUITE 240
GRASS VALLEY, CA 95645
(530) 272-5841
CONTACT: MARTIN WOOD, P.L.S.

ASSESSOR'S PARCEL NUMBER
505-184-028
LEGAL
LOTS 2 AND 3 OF PALM SPRINGS ESTA TES
#3, MB 17, PAGE 34

LOT AREA
16,680 SF

ZONING/ GENERAL PLAN
C1; MU

SEWAGE DISPOSAL/ WATER SOURCE

PUBLIC SEWER AND DESERT WATER AGENCY
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STEVENS ROAD

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VICINITY MAP
N.T.S.

LAND USE
SF ACRES %
BUILDING FOOTPRINT 4,012 0.09 24.1%
ASPHALT 7,632 0.18 45.8%
CONCRETE 1,575 0.04 9.4%
LANDSCAPE/ OPEN 3,461 0.08 20.7%
TOTAL 16,680 0.38 100.0%
LEGEND

PROPERTY UNE
-----o'D-•--- WATER LINE PIPE (SIZE AS NOTED)
- ~ - - STORM DRAIN PIPE
--~ •-- SEWER LINE (SIZE AS NOTED)
- GAS -- GAS - GAS LINE
--Ju --Ju -- JOINT TRENCH (DRY UTILITIES)
--, --E -- ELECTRIC LINE

FENCE LINE
- .. ->- .. ->- FLOW LINE
, , CONCRETE HARDSCAPE
- ASPHALT PAVEMENT
CD
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LANDSCAPE (SEE LANDSCAPE PLAN FOR SPECIFICS)

COMMERCIAL BUILDING HATCH

SITE FACILITIES
-ASPHALT CONCRETE PAVING
-CONCRETE FLATWORK
-STANDARD DRIVEWAY APPROACH CITY OF PALM
SPRINGS DETAIL 201
-TYPE A1 VERTICAL CURB CITY OF PALM SPRINGS
DETAIL 200
-TYPE B1 CURB AND GUTTER CITY OF PALM
SPRINGS DETAIL 200
-TYPE B2 VALLEY GUTTER CITY OF PALM SPRINGS
DETAIL 200
-TRASH AND RECYCLING ENCLOSURE PER CITY OF
PALM SPRINGS DETAIL 902
-ADA PARKING STALL
-EV VAN STALL
-BIKE PARKING AREA
-INCREASE WALL HEIGHT AS REQUIRED ("2') TO

ACCOMMODATE PROPOSED PAVEMENT GRADES
-DELIVERY DOOR CONCRETE PAD
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WATER METER "' EXISllNG PVC RISER - / ./EXISTI/NG WALL ±7' / I EXISll-NG WA-LL ±7_' /EXISTING WALL ±5.5.' EXISllNG UTILITY POLE '------+---<.N,) ~ .,) -----<,"') - ---¼-'---' H • '-..:..__ It ' --o-"' ., I -_, d1, JJ I I \ - - ....__ --......_ ✓I '--1 ··,,,,.--- 1 W • "n'"l'l.;"1;.'';I.Sl.nj:' >J 139,51' X
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WATER METER
)<I 1 , \_ 4:- ' 3 / / MONUMENT SPIKE
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LEGEND

PROPERTY LINE
EASEMENT LINE {AS DESCRIBED)
SETBACK LINE {AS DESCRIBED)
MAJOR CONTOUR LINE (5' INTERVAL)
- - - - - MINOR CONTOUR LINE (1' INTERVAL)
-- -- -- EXISTING ELECTRIC LINE
--G--G--
c,- c,-
--':' --':' --
'c~\ 1\._ ~'_)

EXISTING GAS LINE

EXISTING OVERHEAD LINE

EXISTING STORM DRAIN PIPE (SIZE AS NOTED)

EXISTING STORM DRAIN INLET & MANHOLE
EXISTING SEWER LINE (8" PVC SDR35)

EXISTING SEWER MANHOLE
- ,, - " - ,,, - EXISTING WATERLINE (16" DIP CL350)

EXISTING FENCE
-··->-··->-
• -I . • • I
™ •

EXISTING SURFACE FLOW LINE

EXISTING FIRE HYDRANT
(DESCRIBE) PROPERTY CORNER MONUMENT

EXISTING ASPHALT PAVEMENT

EXISTING CONCRETE SURFACE

EXISTING ASPHALT/ HARDSCAPE TO BE REMOVED
EXISTING CONIFER TREE {P) PINE (F) FIR, DIAMETER INDICATED

UNDERGROUND SERVICE NOTE
I. SURFACE UllLITY FEATURES AS WELL AS SIZE, TYPE, AND LOCATION OF UNDERGROUND UllLlllES SHOWN ARE PER FIELD SURVEY, 'AS BUILT', AND VARIOUS SOURCES. ACTUAL LOCATION MAY VARY.

DEMOLITION NOTES:

DI SAWCUT AND REMOVE EXISllNG PAVEMENT PER DETAIL I, SHEET C8.D TOPOGRAPHY & BOUNDARY NOTE:

TOPOGRAPHY AND BOUNDARY INFORMATION OBTAINED FROM ALTA SURVEY BY SCOTT STRUM PLS 8549 FROM OCTOBER 2024.
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557,31FL
t 557.1BFL
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/
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-------
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1/
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556.56P ~I 556.99P I ,,.,--------/
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LEGEND

PROPERTY LINE
EXISTING MAJOR CONTOUR LINE (5' INTERVAL)
EXISTING MINOR CONTOUR LINE (1' INTERVAL)
PROPOSED MAJOR CONTOUR LINE (5' INTERVAL)
PROPOSED MINOR CONTOUR LINE (1' INTERVAL)
-----{Jfil-•--- WATER LINE PIPE (SIZE AS NOTED)
- ~ - - STORM DRAIN PIPE
--~ s -- SEWER LINE (SIZE AS NOTED)
- GAS -- GAS - GAS LINE
--JU --JU -- JOINT TRENCH (DRY UTILITIES)
--, --, - ELECTRIC LINE

FENCE LINE
- · · ->- · · ->- FLOW LINE
-
DOUBLE WATER SERVICE (W-71.1, SHEET 8.4)
SINGLE WATER SER\1CE (W-70.1, SHEET 8.4)

FIRE HYDRANT

DRAINAGE INLET

STORM DRAIN MANHOLE
4" SINGLE SEWER LATERAL CLEAN OUT TO GRADE (S1)

SEWER MANHOLE

ELECTRIC TRANSFORMER & VAULT

COMCAST BOX & TDPUD ELECTRIC BOX

SUDDENLINK & AT&T BOX

SITE SECTIONS, SEE
SIGN

CONCRETE HARDSCAPE

ASPHALT PAVEMENT

CUT AND FILL VOLUMES
TOTAL CUT:

TOTAL FILL:

NET (IMPORT):
7 CY
707 CY
700 CY

DRAINAGE FACILITIES
G) -18" ROUND LANDSCAPE INLET
@ -24" SQAURE JUNCTION STRUCTURE WITH SOLID LID

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560

EXISTING
555
I
EXISTING PROPERTY LINE ~ I
SIDEWALK "'-
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I
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\

60.0' PROP[ SEO BUILDING SEE ARCHITECTURAL FOR SPECIFICS I
I
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[6 2' - '._..-----2 , . - /1 <I C
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SCALE: 1" =20' HORIZ
1 "=5' VERT.
70' PROPOSED BUILDING SEE ARCHITECTURAL FOR SPECIFlCS
·•
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FOUNDATION SYSTEM SHOWN FOR CONTEXT _/

EXISTING ROPERTY LINE
-

INCRE SE HEIGHT/ -----------

RECONSTRI CT EXISTING
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I'
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I I
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I
'
.· ~ ~ - I
/ I
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1+50

PROFILE VIEW
B-B, ST A: 1 +00 - 2+40
SCALE: 1" =20' HORIZ
1"=5' VERT.
- - "VrnTietlt--CIJRB--__/- - ____:.- . . .
"- I '
I
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TYPE B1 CURB AND _j "'
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555
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00 "' "' "' "'
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LEGEND

PROPERTY LINE
EXISTING MAJOR CONTOUR LINE (5' INTERVAL)
----- EXISTING MINOR CONTOUR LINE (1' INTERVAL)
PROPOSED MAJOR CONTOUR LINE (5' INTERVAL)
PROPOSED MINOR CONTOUR LINE (1' INTERVAL)
------c:Bu-• WATER LINE PIPE (SIZE AS NOTED)
-~ -- STORM DRAIN PIPE
--~ s-- SEWER LINE (SIZE AS NOTED)
-GAS--GAS- GAS LINE
--JU--JU-- JOINT TRENCH (DRY UTILITIES)
--, --, -- ELECTRIC LINE

FENCE LINE
-··->-··->- FLOW LINE
-3
DOUBLE WATER SERVICE (W-71.1, SHEET 8.4)
SINGLE WATER SERVICE (W-70.1, SHEET 8.4)
'O' FIRE HYDRANT
- El DRAINAGE INLET
560 @ STORM DRAIN MANHOLE
____,. 4" SINGLE SEWER LATERAL CLEAN OUT TO GRADE (S1)
[c]f [i]

SEWER MANHOLE

ELECTRIC TRANSFORMER & VAULT

COMCAST BOX & TDPUD ELECTRIC BOX
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555
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600
590
580
570
560
555
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I

IN CREA ,E HEIGHT/ -------------
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ADJACENT BUILDING (EAST) SHOWN

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I
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EXISTING 6' WALL
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570

ADJACENT BUILDINGS (EAST) SHOWN

APPROXIMATE FOR CONTEXT
EXISTING PROPERTY LINE ~

EXISTING BU LDING/WALL I

ADJACENT BUILDING (NORTH) SHOWN

APPROXIMATE FOR CONTEXT
560
APPROXIMATE FF = 558' I ·
555
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-

EQUIPMENT SCREENING
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•
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BUILDING SHOWN FOR CONTEXT ONLY.

SEE ARCH PLANS FOR SPECIFICS --.-, ----.
--t-
FF = 558.21' • •

PROFILE VIEW
B-B, STA: 0+85 - 2+60
SCALE: 1" =20' HORIZ.
1"=20' VERT.
•
2+00
EXISTING PROPERTY LINE ~
I

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.Q' 14. D IVE ISLE
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580
570

ADJACENT BUILDING (SOUTH) SHOWN

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l ~ APPROXIMATE FF= 556'
560
555
2+50
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3+00
600
590
ADJACENT BUILDING (EAST) SHOWN ~ f- 580

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I I I I I 560

I ' ' ' ' I I
1 APPROXIMATE FF = 555' I
555
'-" '-" w U-
3+50

PROPERTY LINE
EXISTING MAJOR CONTOUR LINE (5' INTERVAL)
EXISTING MINOR CONTOUR LINE (1' INTERVAL)
PROPOSED MAJOR CONTOUR LINE (5' INTERVAL)

PROPOSED MINOR CONTOUR LINE (I' INTERVAL)

WATER LINE PIPE (SIZE AS NOTED)

STORM DRAIN PIPE

SEWER LINE (SIZE AS NOTED)

GAS LINE

JOINT TRENCH (DRY UTILITIES)

ELECTRIC LINE

FENCE LINE

FLOW LINE
DOUBLE WATER SERVICE (W-71.1, SHEET 8.4)
SINGLE WATER SERVICE (W-70.1, SHEET 8.4)

FIRE HYDRANT

DRAINAGE INLET

STORM DRAIN MANHOLE
4" SINGLE SEWER LATERAL CLEAN OUT TO GRADE (Sl)

SEWER MANHOLE

ELECTRIC TRANSFORMER & VAULT

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SUDDENLINK & AT&T BOX

SITE SECTIONS, SEE
SIGN

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1 A1
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T.O. Parapet
18' - 0"
V-1

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S-1
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UNIT BEYOND

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NOZZLE S-3 M-1
6"
4' - 5 3/4"
2 A6
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MARK DESCRIPTION MANUFACTURER & SPEC SAMPLE

EXTERIOR FINISH SCHEDULE
S-1
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FIELD
(PAINT)
TEXTURE: PEBBLE COAT
COLOR: SHERWIN-WILLIAMS
SW 6105 DIVINE WHITE
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(PAINT)
TEXTURE: PEBBLE COAT
COLOR: SHERWIN-WILLIAMS
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MARK DESCRIPTION MANUFACTURER & SPEC

EXTERIOR LIGHTING SCHEDULE
L-1
L-2

EMERGENCY

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AT SOFFIT

SURE-LITES
SELW 25WH

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DISTRIBUTION: DOWN
COLOR: WHITE
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COLOR: WHITE

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DISTRIBUTION: DOWN
COLOR: CLEAR ANODIZED ALUMINUM
L-5 SITE

LIGHTING

LSI INDUSTRIES

MIRANDA SMALL AREA MRS
MRS-LED-15L-SIL-3-40-70CRI-IH
FINISH: BLK BLACK
SHEET TITLE:

CHECKED BY:DRAWN BY:

PROJECT #:
© ALL DRAWINGS AND WRITTEN MATERIAL CONTAINED HEREIN ARE THE PROPERTY OF THE LINGLE DESIGN GROUP, INC. THEY MAY NOT BE REVISED,

COPIED, REUSED, OR DISCLOSED IN ANY MANNER WITHOUT WRITTEN AUTHORIZATION FROM THE ARCHITECT.

Lingle Design Group,inc
LingleDesignGroup,Inc
158 West Main Street
Lena, IL 61048
815.369.9155
1764 BLAKE ST
DENVER, CO 80202
303.974.5875
www.lingledesign.com
SCHEMATIC ELEVATIONS - 9/24/2024

SHERWIN WILLIAMS
-
-
-
-
-
-
ADDRESS:

SHEET NUMBER:

STORE #:

XXXX
03/11/2025
PLANNING COMMENTS - 11/08/2024
PLANNING COMMENTS - 02/12/2025
PLANNING COMMENTS - 03/11/2025
A1

SCHEMATIC FLOOR
PLAN &

ELEVATIONS
TBD
BA MP
1488 N PALM CANYON DR,
PALM SPRINGS, CA 92262
3/32" = 1'-0"

FLOOR PLAN

SHERWIN WILLIAMS

PALM SPRINGS, CA
1/4" = 1'-0"1 SOUTH ELEV
1/4" = 1'-0"2 WEST ELEV
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Item 2F - Page 109
Finish Floor
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9' - 4"
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T.O. Parapet
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UNIT BEYOND

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18' - 0"

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L-1

ROOF LINE BEYOND
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1 A6
6"
4' - 5 3/4"

MARK DESCRIPTION MANUFACTURER & SPEC SAMPLE

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SW 6105 DIVINE WHITE
S-2
(P-2)

STUCCO - BAY
(PAINT)
TEXTURE: PEBBLE COAT
COLOR: SHERWIN-WILLIAMS
SW 7506 LOGGIA
M-1 ANODIZED

ALUMINUM
COLOR: CLEAR ALUMINUM
(STOREFRONT)
TEXTURE: PEBBLE FINE
COLOR: SHERWIN-WILLIAMS
SW 7757 HIGH REFLECTIVE
WHITE
S-3
(P-3)
V-1 CMU
VENEER
3x8x16
1-SCORE SOLID

STUCCO -
FIELD
(PAINT)
M-2 CORRUGATED
METAL COLOR: PAINTED P-3

MARK DESCRIPTION MANUFACTURER & SPEC

EXTERIOR LIGHTING SCHEDULE
L-1
L-2

EMERGENCY

LIGHTING

AT SOFFIT

SURE-LITES
SELW 25WH

WALL MOUNTED
DISTRIBUTION: DOWN
COLOR: WHITE
L-3 WALL PACK

GE CURRENT

EVOLVE EWLS L SERIES
DISTRIBUTION: DOWN
COLOR: BRONZE
L-4

RECESSED

LIGHTING
SOFFIT

GE CURRENT

LUMINATION LRXB SERIES
6" 1,000 LUMEN LED TRIM
COLOR: WHITE

EXTERIOR

LIGHTING
PROGRESS LIGHTING P5641-82/30K

WALL MOUNTED CYLINDER
DISTRIBUTION: DOWN
COLOR: CLEAR ANODIZED ALUMINUM
L-5 SITE

LIGHTING

LSI INDUSTRIES

MIRANDA SMALL AREA MRS
MRS-LED-15L-SIL-3-40-70CRI-IH
FINISH: BLK BLACK
1/4" = 1'-0"1 NORTH. ELEV
1/4" = 1'-0"2 EAST ELEV
SHEET TITLE:

CHECKED BY:DRAWN BY:

PROJECT #:
© ALL DRAWINGS AND WRITTEN MATERIAL CONTAINED HEREIN ARE THE PROPERTY OF THE LINGLE DESIGN GROUP, INC. THEY MAY NOT BE REVISED,

COPIED, REUSED, OR DISCLOSED IN ANY MANNER WITHOUT WRITTEN AUTHORIZATION FROM THE ARCHITECT.

Lingle Design Group,inc
LingleDesignGroup,Inc
158 West Main Street
Lena, IL 61048
815.369.9155
1764 BLAKE ST
DENVER, CO 80202
303.974.5875
www.lingledesign.com
SCHEMATIC ELEVATIONS - 9/24/2024

SHERWIN WILLIAMS
-
-
-
-
-
-
ADDRESS:

SHEET NUMBER:

STORE #:

XXXX
03/11/2025
PLANNING COMMENTS - 11/08/2024
PLANNING COMMENTS - 02/12/2025
PLANNING COMMENTS - 03/11/2025
A2

SCHEMATIC FLOOR
PLAN &

ELEVATIONS
TBD
BA MP
1488 N PALM CANYON DR,
PALM SPRINGS, CA 92262
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Item 2F - Page 110
2 SOUTHEAST VIEW1 SOUTHWEST VIEW
3 NORTHWEST VIEW 4 NORTHEAST VIEW
SHEET TITLE:

CHECKED BY:DRAWN BY:

PROJECT #:
© ALL DRAWINGS AND WRITTEN MATERIAL CONTAINED HEREIN ARE THE PROPERTY OF THE LINGLE DESIGN GROUP, INC. THEY MAY NOT BE REVISED,

COPIED, REUSED, OR DISCLOSED IN ANY MANNER WITHOUT WRITTEN AUTHORIZATION FROM THE ARCHITECT.

Lingle Design Group,inc
LingleDesignGroup,Inc
158 West Main Street
Lena, IL 61048
815.369.9155
1764 BLAKE ST
DENVER, CO 80202
303.974.5875
www.lingledesign.com
SCHEMATIC ELEVATIONS - 9/24/2024

SHERWIN WILLIAMS
-
-
-
-
-
-
ADDRESS:

SHEET NUMBER:

STORE #:

XXXX
03/11/2025
PLANNING COMMENTS - 11/08/2024
PLANNING COMMENTS - 02/12/2025
PLANNING COMMENTS - 03/11/2025
A3
3D VIEWS
TBD
BA MP
1488 N PALM CANYON DR,
PALM SPRINGS, CA 92262
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