Agenda packet, regular meeting, second session — Palm Springs City Council, November 12, 2025 (part 7 of 8)

environment, a mitigated negative declaration may be appropriate. However, a mitigated negative declaration is proper only if the project revisions would avoid or mitigate the potentially significant effects identified in the initial study "to a point where clearly no significant effect on the environment would occur, and ... there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment." PRC§§ 21064.5 and 21080(c)(2); Mejia v. City of Los Angeles (2005) 130 Cal.App.4th 322,331.

In that context, "may" means a reasonable possibility of a significant effect on the environment.

PRC §§ 21082.2(a), 21100, 21151(a); Pocket Protectors, 124 Cal.App.4th at 927; League for Protection of Oakland's etc. Historic Res. v. City of Oakland (1997) 52 Cal.App.4th 896, 904-05.

Under the "fair argument" standard, an EIR is required if any substantial evidence in the record indicates that a project may have an adverse environmental effect---even if contrary evidence exists to support the agency's decision. 14 CCR§ 15064(f)(l); Pocket Protectors, 124 Cal.App.4th at 931; Stanislaus Audubon Society v. County of Stanislaus (1995) 33 Cal.App.4th 144, 150-51; Quail Botanical Gardens Found., Inc. v. City of Encinitas (1994) 29 Cal.App.4th 1597, 1602. The "fair argument" standard creates a "low threshold" favoring environmental review through an EIR rather than through issuance of negative declarations or notices of exemption from CEQA. Pocket Protectors, 124 Cal.App.4th at 928. The "fair argument" standard is virtually the opposite of the typical deferential standard accorded to agencies. As a leading CEQA treatise explains:

This 'fair argument' standard is very different from the standard normally followed by public agencies in making administrative determinations. Ordinarily, public agencies weigh the evidence in the record before them and reach a decision based on a preponderance of the evidence. [Citations]. The fair argument standard, by contrast, prevents the lead agency from weighing competing evidence to determine who has a better argument concerning the likelihood or extent of a potential environmental impact. The lead agency's decision is thus largely legal rather than factual; it does not resolve conflicts in the evidence but determines only whether substantial evidence exists in the record to support the prescribed fair argument.

Kostka & Zishcke, Practice Under CEQA, §6.29, pp. 273-74.

The Courts have explained that "it is a question of law, not fact, whether a fair argument exists, and the courts owe no deference to the lead agency's determination. Review is de novo, with a preference for resolving doubts in favor of environmental review." Pocket Protectors, 124 Cal.App.4th at 928 ( emphasis in original).

DISCUSSION
I. AN EIR IS REQUIRED TO ADDRESS THE PROJECT'S POTENTIALLY SIGNIFICANT IMPACTS ON AIR QUALITY.

Dr. James Clark, Ph.D., of the environmental consulting firm Clark & Associates, reviewed the MND's analysis of the Project's impacts on air quality. Dr. Clark's comment letter and CV are Item 2C - Page 33
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attached as Exhibit A. As discussed below, Dr. Clark found that the MND inadequately assessed the Project's air quality impacts. In addition, Dr. Clark found that the MND may result in significant health impacts from Valley Fever spores. As such, an EIR is required.

1. The IS/MND Fails to Address the Significant Health Impacts from Valley Fever Spores Present in the Soils Of Riverside County.

Dr. Clark found that the IS/MND fails to adequately address the known presence and significant risk of Coccidiodes Immitis (Valley Fever fungus) in Southern California and in Riverside County in particular. 1 Valley Fever is on the rise in Riverside County and in Palm Springs. According to the California Department of Public Health, Valley Fever rates have increased 13% since 2022. Additionally, based on a study by UCR, it is evident that Palm Springs is a hot spot for the County ofRiverside.2
Dust exposure is a primary risk factor for contracting Valley Fever (VF) ( via Cocci diodes immitis (cocci) exposure). When soil containing the cocci spores are disturbed by construction activities, the fungal spores become airborne, exposing construction workers and other nearby sensitive receptors. The fungus lives in the top 2 to 12 inches of soil. When soil containing this fungus is disturbed by activities such as digging, vehicles, construction activities, dust storms, or during earthquakes, the fungal spores become airborne.3 Valley Fever often manifests as a mild respiratory illness, but it can progress to serious chronic forms, especially in immunocompromised individuals, and may even become disseminated, impacting organs including the skin, bones, brain, and spinal cord. Disseminated Valley Fever is associated with severe symptoms like meningitis, painful lesions, and swollenjoints.4 The most at-risk populations are construction and agricultural workers. 5 "Labor groups where occupation involves close contact with the soil are at greater risk, especially if the work involves dusty digging operations."6 Here, construction workers are the very population that would be most directly exposed by the Project.7 Furthermore, there is exposure risk posed to the general population surrounding the Project. Dr. Clark notes that the nonselective raising of dust during Project construction will carry the very small spores, 0.002-0.005 millimeters ("mm"), into nonendemic areas, potentially exposing large non-Project-related populations.8,9 These very 1 Ex. A, pages 5-8.
2 Id.
3 Id. at 6.
4 Id. at 8.
5 Lawrence L. Schmelzer and R. Tabershaw, Exposure Factors in Occupational Coccidioidomycosis, American Journal of Public Health and the Nation's Health, v. 58, no. 1, 1968, pp. 107-113, Table 3; available at http://www.ncbi.nlm.nih.gov/pmc/articles/PMC 1228046/?page= 1. 6 Ibid., p. 110. 7 Ex. A, page 6.
8 Schmelzer and Tabershaw, 1968, p. 110; Pappagianis and Einstein, 1978 9 Pappagianis and Einstein, 1978, p. 527 ("The northern areas were not directly affected by the ground level windstorm that had struck Kem County but the dust was lifted to several thousand feet elevation and, borne on high currents, the soil and arthrospores along with some moisture were gently deposited on sidewalks and automobiles as Item 2C - Page 34
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small particles are not controlled by conventional construction dust control mitigation measures.

Ultimately, the Project will be putting both construction workers and the surrounding population at risk of significant negative health impacts.

The IS/MND assumes that meeting SCAQMD Rule 403 and 403.1 (Fugitive Dust Control) would be sufficient to control the impacts from Valley Fever exposure from the Project Site. 10 According to the grading plan 38,512 cubic yards of soil will be disturbed during the site grading.11 However, Dr. Clark concluded that the disturbed soil onsite represents a significant pathway for VF spore exposure which will impact onsite and offsite workers.

Soil disturbances have been linked to increased health risks due to Valley Fever. A study in Antelope Valley identified a clear link between soil disturbance and increased incidence of coccidioidomycosis. 12 Dr. Clark concludes that the mass disturbance of soils anticipated by the proposed Project will create the same conditions that were detailed in the study by Colson. 13 These conditions will result in significant health risk to workers and members of the surrounding community.

The Project site's desert location and exposure to desert winds amplify these risks. Even when standard dust control measures are in place, high winds can mobilize substantial amounts of dust from graded areas generating PM10 and PM2.s emissions that carry Valley Fever spores and silica dust into surrounding communities. Alerts from air pollution control districts frequently accompany such wind events, underlining the inadequacy of typical dust suppression methods in preventing airborne spore exposure. 14 The increased risk due to the Project site's location only highlights the importance of conducting an EIS.

According to research on Valley Fever, outbreaks in populations with intense exposure to aerosolized arthroconidia are at greater risk for infection. These groups include agricultural or construction workers, or persons who participate in outdoor activities such as hunting or digging in the soil. Outbreaks of coccidioidomycosis have been linked to a variety of activities involving 'a mud storm' that vexed the residents of much of California." The storm originating in Kem County, for example, had major impacts in the San Francisco Bay Area and Sacramento). 10 MND, pages 37-38, 41. 11 Id.
12 Colson. 2017. Large-Scale Land Development, Fugitive Dust, and Increased Coccidioidomycosis Incidence in the Antelope Valley of California, 1999-2014. https://knowthecause.com/wpcontent/uploads/2017/03/Colson2017FugitiveDustCoccidiodes.pdf 13 ibid
14 Ex. A, page 7.

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disturbance of impacted soils. 15,16,17 Since Valley Fever cases are directly related to the disturbance of soils in the area, the City must directly address the impacts that the project's construction phase will have on the community.

Ensuring robust protections for both on-site workers and off-site receptors is essential to prevent potentially severe health consequences for the surrounding community. Dr. Clark concludes that the City should prepare an EIR to accurately disclose the Project's impacts on local air quality and public health, especially given the significant public health risks associated with airborne Valley Fever spores.

2. The Proposed Dust Control Measures in the IS/MND Fail to Effectively Mitigate Significant Valley Fever Exposure Risks.

An EIR is warranted based on the risk of significant health impacts from Valley Fever. The EIR should include effective mitigation measures specifically tailored to Valley Fever. Dr. Clark states that the standard fugitive dust mitigation measures proposed in the IS/MND are not adequate to protect construction workers and nearby sensitive receptors from exposure to Valley Fever spores. 18
SCAQMD Rule 403 includes requirements for a Dust Control Plan, signage and fencing requirements, as well as surface watering and stabilization with chemicals, gravel and asphaltic pavement to eliminate visible fugitive dust from vehicular travel and wind erosion. All the mitigation measures outlined above allow for a percentage of the dust that could be generated to be migrate offsite. Based on the Mitigation Measures outlined in the CalEEMOD model utilized in the IS/MND, watering exposed areas twice a day would reduce PM10 and PM2.s emissions by 61 percent (61 %). Increasing the watering frequency to 3 times per day would reduce PM10 and PM2.s emissions by 74%. 19 Conventional dust control measures primarily focus on visible dust or larger dust particles-the PM10 fraction-and fail to address the very fine particles that transport Valley Fever spores, which are approximately 5 times smaller than typical PM10 particles and remain airborne much longer.20 These fine particles, when disturbed by soil-disturbing activities, spread widely beyond site, posing a significant risk to both onsite workers and nearby 15 Brown. Et al. 2013. Coccidioidomycosis: epidemiology. Clinical Epidemiology. 5:185-197. 16 Rafael Laniado-Laborin, Expanding Understanding of Epidemiology ofCoccidioidomycosis in the Western Hemisphere, Annals of the New York Academy of Sciences, v. 111, 2007, pp. 20-22, available at https:/ /nyaspubs.onlinelibrary.wiley.com/doi/abs/1 0. l 196/annals.1406.004; Frederick S. Fisher, Mark W. Bultman, Suzanne M. Johnson, Demosthenes Pappagianis, and Erik Zaborsky, Coccidioides Niches and Habitat Parameters in the Southwestern United States, a Matter of Scale, Annals of the New York Academy of Sciences, v. 111, 2007, pp. 47-72 ("All of the examined soil locations are noteworthy as generally 50% of the individuals who were exposed to the dust or were excavating dirt at the sites were infected."), available at https:/ /nyaspubs.onlinelibrary.wiley.com/doi/abs/10.1196/annals.1406.031 . 17 Lawrence L. Schmelzer and R. Tabershaw, Exposure Factors in Occupational Coccidioidomycosis, American Journal of Public Health and the Nation's Health, v. 58, no. 1, 1968, pp. 107-113, Table 3; available at http://www.ncbi.nlm.nih.gov/pmc/articles/PMC 1228046/?page= 1. 18 Ex. A, page 8.
19 Id. at 9.
20 See, e.g., Cummings and others, 2010, p. 509; Schneider et al., 1997, p. 908 ("Primary prevention strategies (e.g., dust-control measures) for coccidioidomycosis in endemic areas have limited effectiveness.").

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communities.

The Project's proposed use of visual opacity readings for dust control is insufficient to prevent exposure to Valley Fever spores.21 This rule is based on smoke-monitoring methods (U.S.

EPA Methods 9 and 22) that require active monitoring by certified observers, rely on subjective observation, and are affected by variables such as lighting, distance, and weather conditions. Due to these limitations, opacity readings do not provide accurate, continuous data on fine airborne particles.

To address these shortcomings, Dr. Clark suggests that the City should require active monitoring with dust monitors (particle measuring devices) immediately outside of the facility and around its perimeter. Continuous particle measures eliminate the subjectivity inherent in visual opacity readings, allow for real-time tracking of dust particle levels, and offer robust data sets that can be used for repeatability test and to validate compliance with air quality standards.22 Incorporating active dust monitoring systems would ensure that air quality impacts are accurately assessed and mitigated, fulfilling the intent of the mitigation measures and conditions of compliance to protect public health and the environment.

The City should require that the Proponent implement mitigation measures to actively suppress the spread of Valley Fever by:
• Including specific requirements in the Project's Injury and Illness Prevention Program (as required by Title 8, Section 3203) regarding safeguards to prevent Valley Fever. • Controlling dust exposure:
o Apply chemical stabilizers at least 24-hours prior to high wind event; o Apply water to all disturbed areas a minimum of three times per day. Watering frequency should be increased to a minimum of four times per day if there is any evidence of visible wind-driven fugitive dust;
o Provide National Institute for Occupational Safety and Health (NIOSH)-approved respirators for workers with a prior history of Valley Fever. o Half-face respirators equipped with a minimum N-95 protection factor for use during worker collocation with surface disturbance activities. Half-face respirators equipped with N-100 or P-100 filters should be used during digging activities.

Employees should wear respirators when working near earth-moving machinery. o Prohibit eating and smoking at the worksite, and provide separate, clean eating areas with hand-washing facilities.
o A void outdoor construction operations during unusually windy conditions or in dust storms.
21 Ex. A, page 9. 22 Id. at 9.

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o Consider limiting outdoor construction during the fall to essential jobs only, as the risk of cocci infection is higher during this season.
• Prevent transport of cocci outside endemic areas:
o Thoroughly clean equipment, vehicles, and other items before they are moved offsite to other work locations. o Prevent spillage or loss of bulk material from holes or other openings in the cargo compartment's floor, sides, and/or tailgate;
o Load all haul trucks such that the freeboard is not less than six inches when material is transported on any paved public access road and apply water to the top of the load sufficient to limit VDE to 20 percent opacity; or cover haul trucks with a tarp or other suitable cover.
o Provide workers with coveralls daily, lockers ( or other systems for keeping work and street clothing and shoes separate), daily changing and showering facilities. o Clothing should be changed after work every day, preferably at the work site. o Train workers to recognize that cocci may be transported offsite on contaminated equipment, clothing, and shoes; alternatively, consider installing boot-washing. o Post warnings onsite and consider limiting access to visitors, especially those without adequate training and respiratory protection.
• Improve medical surveillance for employees:
o Employees should have prompt access to medical care, including suspected workrelated illnesses and injuries. o Work with a medical professional to develop a protocol to medically evaluate employees who have symptoms of Valley Fever.
o Consider preferentially contracting with 1-2 clinics in the area and communicate with the health care providers in those clinics to ensure that providers are aware that Valley Fever has been reported in the area. This will increase the likelihood that ill workers will receive prompt, proper and consistent medical care. o Respirator clearance should include medical evaluation for all new employees, annual re-evaluation for changes in medical status, and annual training, and fittesting. o Skin testing is not recommended for evaluation of Valley Fever.23 o If an employee is diagnosed with Valley Fever, a physician must determine if the employee should be taken off work, when they may return to work, and what type of work activities they may perform.24
Standard dust control measures are insufficient for preventing Valley Fever exposure, and only concrete, enforceable steps like those listed above will safeguard both onsite workers and surrounding communities. The City should adopt these evidence-based mitigation measures, which are proven to be effective in similar construction projects in Valley Fever-endemic areas, in 23 Short-term skin tests that produce results within 48 hours are now available. See Kerry Klein, NPR for Central California, New Valley Fever Skin Test Shows Promise, But Obstacles Remain, November 21, 2016; available at http://kvpr.org/post/new-valley-fever-skin-test-shows-promise-obstacles-remain. 24 Ex. A, pages 10-11 .

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an EIR to ensure comprehensive protection of public health. 25

3. The Air Quality Analysis Incorrectly States that the Construction Phase Does Not Exceed the Local Significance Thresholds (LS Ts).

The IS/MND's air quality analysis wrongly claims that the construction phase will not exceed the LS Ts. Dr. Clark demonstrates that this claim is erroneous. Therefore, an EIR is required to address the health risks posed by emissions exceeding the LSTs.

The IS/MND states that:
"The nearest sensitive receptor is Plaza Villa, located 86.94± feet across E. Andreas Road to the north. The analysis shows that both construction and operational emissions will not exceed localized significance thresholds. Therefore, sensitive receptors in proximity to the project site, including residents at Plaza Villa, will not be adversely affected by air emissions during either phase. No further mitigation measures are required ... "[b ]ased on the Project's proximity to existing housing, the 5-acre site tables at a distance of 25 meters (nearest measurement option in LST table) were used for LST analysis. Table 4 shows onsite emission concentrations for Project construction and operation will not exceed LST thresholds. Overall, the impacts will be less than significant." 26 However, Dr. Clark observes that in Table 4 of the IS/MND, the City's LST analysis shows that there are exceedances of the LST for both PM10 and PM2.s. Clearly, the construction phase will result in emissions of particulate matter above the site specific LS Ts. The City must correct this flaw in an EIR and additionally prepare a site-specific health risk analysis to ensure the safety of sensitive receptors identified by the City in the IS/MND.

Since the Project will have air emissions of PM10 and PM2.s that exceed adopted LST thresholds, the Project will have significant air quality impacts that must be analyzed and mitigated in an EIR. When a project exceeds a duly adopted CEQA significance threshold, as here, this alone establishes substantial evidence that the project will have a significant adverse environmental impact. Indeed, in many instances, such air quality thresholds are the only criteria reviewed and treated as dispositive in evaluating the significance of a project's air quality impacts. (See, e.g. Schenck v. County of Sonoma (2011) 198 Cal.App.4th 949, 960 [County applies Air District's "published CEQA quantitative criteria" and "threshold level of cumulative significance"]; see also Communities for a Better Environment v. California Resources Agency (2002) 103 Cal.App.4th 98, 110-11 ["A 'threshold of significance' for a given environmental effect is simply that level at which the lead agency finds the effects of the project to be significant"].) The California Supreme Court has shown the importance an air district significance threshold has in providing substantial evidence of a significant adverse impact. ( Communities for a Better Environment v. South Coast Air Quality Management Dist. (2010) 48 Cal.4th 310, 327 [ estimated emissions in excess of air district's significance thresholds "constitute substantial 25 Id. at 11.
26 MND, page 39.

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evidence supporting a fair argument for a significant adverse impact"].) Since expert evidence shows the Project will exceed the SCAQMD's LST significance threshold, there is substantial evidence that an "unstudied, potentially significant environmental effect[]" exists. (See Friends of Coll. of San Mateo Gardens v. San Mateo Cty. Cmty. Coll. Dist. (2016) 1 Cal.5th 937, 958.) An EIR is required to analyze and mitigate these impacts.

4. The City's Air Quality Analysis Fails to Include a Quantitative Health Risk Analysis of the Impacts of Toxic Air Contaminants from the Construction Phase And Operational Phase of the Project for the Nearest Sensitive Receptor(s).

The determination of a significance threshold for construction activities and operational activities is based on a quantitative risk analysis that requires the City to perform a multistep, quantitative health risk analysis for toxic air contaminants (TACs) from the construction and operational phases of the Project. No effort is made in the IS/MND to quantify the potential health impacts from TACs generated by construction activities or operational activities from the Project on these sensitive receptors. Given that the closest receptor to the Project site is the residence located less than 25 meters from the edge of the Project Site, there is sufficient evidence to warrant a quantitative analysis of the potential health risks to the residents.

In addition to TACs from diesel exhaust (assumed to be diesel particulate matter or DPM), the California Air Resources Board's (CARB's) analysis of tailpipe emissions shows that in addition to simple alkane hydrocarbons, the emissions also contain benzene (human carcinogen), 1,3-butadiene (human carcinogen), ethylbenzene (human carcinogen), toluene (neurotoxin), acetaldehyde (respiratory irritant), and formaldehyde (human carcinogen), and other air toxins.27 These air toxins make up approximately 22% of the total organic gases (TOGs) emitted from vehicles. Dr. Clark concludes that the majority of emissions of these compounds from the surrounding sites to the Project site will be associated with passenger vehicles, resulting in significant human exposure to the above chemicals.28
The inherent toxicity of TA Cs requires the City to first quantify the concentration of each TAC released into the environment at each of the sensitive receptor locations through air dispersion modeling, calculate the dose of each TAC at that location, and quantify the cancer risk and hazard index for each of the chemicals of concem.29 Following that analysis, then the City can make a determination of the relative significance of the emissions. The results should then be presented in an EIR prior to approving any agreements with the Proponent or issuing any permits for the Project.

The City did not perform this analysis, and thus lacks supporting evidence for its conclusion that the emissions from the Project would not result in significant health effects. The City's failure to perform such an analysis is clearly a major flaw in the IS/MND, and further analysis via an EIR is warranted.
27 https://ww2.arb.ca.gov/speciation-profiles-used-carb-modeling 28 Ex. A, pages 12-13.
29 Id. at 13.

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5. The Air Quality Analysis Fails to Include DPM Emissions from the Fire Pumps and/or Back-Up Generators that Will Be Installed Onsite.

The Air Quality Analysis in the IS/MND fails to include the fire pumps that will be required for the Project as well as the back-up generator (BUG) that will need to be included for the Project.

A review of the South Coast Air Quality Management District's (SCAQMD's) FIND website shows that the Hilton Palm Springs, immediately west of the Project Site, and of a similar size to the Project has an active permit from SCAQMD for a BUG. Fire pumps are powered generally by diesel powered BUGs. BUGs are allowed to operate up to 200 hours per year for testing and maintenance. The operation of a 500 horsepower (hp) backup generator operated for an hour will add up to 0.12 pounds ofDPM per day. A 150 hp fire pump operating for one hour will add 0.04 lbs. ofDPM per day.30 However, these factors are not included in the IS/MND's estimate ofDPM in the air quality analysis or health risk analysis. This additional DPM output could result in significant impacts. Therefore, an EIR is required for the City to update the air quality analysis to include the use ofBUGs and fire pumps in the Project.

II. THERE IS SUBSTANTIAL EVIDENCE OF A FAIR ARGUMENT THAT

THE PROJECT WILL HA VE POTENTIALLY SIGNIFICANT IMPACTS
ON BIOLOGICAL RESOURCES.

An EIR is required because substantial evidence in the record indicates a fair argument that the Project will have significant biological impacts. Specifically, expert wildlife biologist Dr.

Shawn Smallwood, Ph.D. has concluded that the Project site has value as a habitat for special status species and that the Project will have significant impacts on biological resources. Dr.

Smallwood's comments and CV are attached as Exhibit B. The City therefore must prepare an EIR for the Project. Dr. Smallwood's comments are supported by a site visit by wildlife biologist Noriko Smallwood ("Ms. Smallwood").31 Ms. Smallwood visited the site for 3.17 hours on February 15, 2025, starting at 6:36 am.32She walked the site's perimeter, using binoculars to scan for and a camera to capture wildlife. 33

1. The MND Fails to Adequately Describe the Project's Environmental Setting.

The City inadequately characterized the existing environmental setting by failing to conduct adequate field surveys and desktop review. Every CEQA document must start from a "baseline" assumption. The CEQA "baseline" is the set of environmental conditions against which to compare a project's anticipated impacts. Communities for a Better Envt. v. So. Coast Air Qua/.

Mgmt. Dist. (2010) 48 Cal. 4th 310,321. Section 15125(a) of the CEQA Guidelines (14 C.C.R., § 15125(a)) states in pertinent part that a lead agency's environmental review under CEQA:
" ... must include a description of the physical environmental conditions in the vicinity of the project, as they exist at the time [environmental analysis] is commenced, from both a 30 Id. at 14-15. 31 Id. at 1. 32 Id.
33 Id.

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local and regional perspective. This environmental setting will normally constitute the baseline physical conditions by which a Lead Agency determines whether an impact is significant." (Emphasis added.)
(See, Save Our Peninsula Committee v. County of Monterey (2001) 87 Cal.App.4th 99, 124-125.) As the court of appeal has explained, "the impacts of the project must be measured against the 'real conditions on the ground,"' and not against hypothetical permitted levels. (Save Our Peninsula, supra, 87 Cal.App.4th 99, 121-123.)
Here, the IS/MND's conclusion that there is no suitable habitat for sensitive native species on or around the site is unsubstantiated because no physical survey was conducted at the site. 34 Surveys are necessary to characterize diurnal and nocturnal bird flights, and Dr. Smallwood states that the "lack of surveys leaves the City of Palm Springs blind to any potential project impacts to birds, because without a survey there is no sound basis for characterizing the existing environmental setting."35 Similarly, no desktop review was conducted to assess avian species' occurrence likelihoods in or near the airspace that would be displaced by the proposed project.36 Dr. Smallwood's conclusion regarding the lack of physical survey is supported by the fact that during her physical survey of the Project site, Ms. Smallwood identified 18 different vertebrate species at or near the project, of which three were "special status" species.37 These species include the Costa's hummingbird, Cooper's hawk, and Verdin.38 Dr. Smallwood's data modeling predicts that there should be at least 13 special status species using the site.39 Dr. Smallwood states that based on the survey and database review, there are 100 special status species of birds with known occurrence near the project site to warrant analysis of occurrence potential. 40 Of these species, four have been recorded on or adjacent to the project site, 38 have been documented within 1.5 miles of the site, 10 between 1.5 and 4 miles, and another 46 within 4 to 30 miles.41 The Project site is known to exist within bird migration corridors, with known special status species using these corridors. 42
The IS/MND dismissed the possibility of special status species on the Project site because it is currently developed. However, the site is immediately adjacent to lush habitat and open space areas. As such the site provides habitat for several special status species as documented by Dr.

Smallwood.

Clearly, the IS/MND fails to accurately describe the Project's environmental setting. Thus, an EIR is necessary to appropriately characterize the existing environmental setting. 34 Ex. B, page 12.
35 Id.
36 Id. at 13.
37 Ex. B, page 8.
3s Id.
39 Id. at 12.
40 Id. at 13.
41 Id.
42 Id.

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2. The IS/MND Failed to Adequately Analyze the Project's Substantial Interference with Wildlife Movement.

An EIR is required if any substantial evidence in the record indicates that a project may have an adverse environmental effect---even if contrary evidence exists to support the agency's decision. (CEQA Guidelines § 15064(f)(l); Stanislaus Audubon v. Stanislaus (1995) 33 Cal.App.4th 144, 150-151 (1995)).

The IS/MND states that "[a]ny suitable habitat for any native species has been completely degraded due to the area's development. Additionally, the site lacks connections to other native habitats. Therefore, the site does not experience the migration of native wildlife and does not substantially interfere with the movement of any species, nor does it limit the use of native wildlife nursery sites."43 As discussed supra, this conclusion is not supported by a survey or appropriate desktop review. Dr. Smallwood concludes that the Project will adversely impacts wildlife movement.

The project would block airspace that has been used by birds on migration, dispersal, home range patrol, and foraging. Ms. Smallwood recorded 121 bird flights during her survey. Those birds were able to navigate to, away, and across the project site due to the remaining habitat connection: the aerosphere.44 The Project would insert 85.67' and 99.67' buildings into this aero sphere and consequently interfere with wildlife movement in the region. 45 Thus, an EIR is required to appropriately analyze the project's potential impacts to volant wildlife, as well as potential mitigation strategies.

3. The IS/MND Failed to Adequately Analyze the Project's Impacts from BirdWindow Collisions.

The IS/MND fails to analyze the Project's impacts due to bird-window collisions. Dr.

Smallwood concludes that the extensive use of glass in the 7 and 9-story buildings will lead to increased bird-window collisions. 46 He notes that there are 100 special status species with potential to use the site's aerosphere.47 Many of these birds are likely to experience window collisions due to the Project. Dr. Smallwood calculates that the Project will cause 493 bird deaths due to windowcollisions each year.48 The vast majority of these birds are protected under the Migratory Bird Treaty Act. And the recently revised California Migratory Bird Protection Act. 49 The IS/MND fails to analyze the Project's impacts related to project-generated traffic fatalities. The IS/MND predicts that the Project will generate 6,990,190 annual VMT. 50 Dr. 43 MND, page 44. 44 Ex. B, page 20.
45 Id.
46 Id. at 22.
47 Id. at 13.
48 Id. at 22.
49 Id.
50 MND, page 52.

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Smallwood predicts that this will result in 1,189 vertebrate wildlife fatalities per year.51 Dr. Smallwood proposes numerous mitigation measures that could vastly reduce the above impacts, such as avoiding construction during nesting season, applying bird-safe window treatments, landscaping measures and many others. Since there is substantial evidence that the Project will have adverse biological impacts, an EIR is required to analyze and mitigate those impacts.

4. There is a Fair Argument that the Project Will Adversely Affect Special Status Species.

Smallwood's brief site visit survey identified 3 special status species on the proposed Project site:
two species on the U.S. Fish and Wildlife Service Bird of Conservation Concern (BCC), and one on Bird of Prey (BOP) listed under California Fish and Game Code 3503.5.52 Further, Dr.

Smallwood's modeling based on Ms. Smallwood's data predicts that there should be 13 specialstatus species using the site. 53 As applied to the Project, the California Fish & Game Code, also known as the Birds of Prey Code, includes the Cooper's hawk (Falco sparverius) as a protected raptor. (See, California Fish & Game Code,§ 3503.5.) Additionally, both the Costa's hummingbird and Verdin are listed as Birds of Conservation Concern (BCC).

The IS/MND fails to analyze the impact that the Project will have on wildlife movement. 54 Dr. Smallwood points out that the project will adversely impact wildlife movement. He notes that the project will impact the birds' migration, dispersal, home range patrol and foraging.

The IS/MND also fails to analyze the Project's impacts due to bird-window collisions. Dr.

Smallwood concludes that the extensive use of glass in the Project will lead to extensive birdwindow collision deaths. 55 He notes that there are "100 special-status species of birds" with the potential to fly within the aerosphere of the project site. 56 Many of these birds are likely to experience window collisions due to the Project. Dr. Smallwood predicts annual bird deaths of 493, the vast majority of which would be of birds protected under the Migratory Bird Treaty Act and the California Migratory Bird Projection Act. 57
51 Ex. B, page 25.
52 Id. at 8.
53 Id. at 12.
54 Id. at 19-20.
55 Id. at 22.
56 Id. at 13.
57 Id. at 22.

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The IS/MND fails to analyze the Project's impacts related to wildlife traffic fatalities. Dr.

Smallwood calculates that the Project will generate 6,990,190 VMT, which would generate 1,189 wildlife fatalities per year. 58
Dr. Smallwood proposes numerous mitigations measures that could vastly reduce the above impacts, such as guidelines on building design to minimize bird-window collisions, compensatory mitigation for road mortality, funding of wildlife rehabilitation facilities, and native landscaping. These mitigation measures should be analyzed in an EIR and imposed if feasible.

Therefore, the Project will have a substantial adverse effect on special status species, and continuation of the Project without preparing and circulating an EIR will lead to habitat disturbance and modifications that will directly and indirectly affect special status species.

III. THE IS/MND'S PROPOSED BIOLOGICAL MITIGATION MEASURES

ARE INSUFFICIENT TO BRING THE BIOLOGICAL RESOURCES
IMPACTS TO A LEVEL BELOW SIGNIFICANCE.

An MND is improper because the Project's proposed mitigation measures will not avoid or mitigate the potentially significant biological resources impacts "to a point where clearly no significant effect on the environment would occur, and ... there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment." PRC §§ 21064.5 and 21080(c)(2). The MND requires only a preconstruction survey for breeding birds and the establishment of construction buffer zones around any active nests that are discovered.59 However, the proposed mitigation measures are insufficient for a few reasons and therefore cannot guarantee that proposed measures will reduce the impacts below significance.

1. The City Fails to Implement Mitigation Measures to Protect Non-Migratory Birds Species Observed on the Project Site.

Where feasibility of mitigation is uncertain, an agency may not defer it. And where feasibility is called into question, the agency must demonstrate feasibility. In Sundstrom v County of Mendocino (1988) 202 Cal.App.3d 296, 308-309, mitigation calling for a future use permit for sludge disposal was improperly deferred because there was no evidence of feasibility in the face of uncertainty: "the record discloses that the applicant presented no plans for sludge disposal and that no solution was readily available." Id. at 308.

As explained above, the MND did not prepare any analysis or surveys of wildlife in the area. The City's response to Dr. Smallwood suggests that the Project site has habitat value for migratory birds, and so the proposed mitigation measure is shaped around nesting migratory birds.60 However, the MND also recognizes that "the [California Fish and Game Code ("CFGC")] extends protection to non-migratory birds identified as resident game birds (CFGC Section 3500) 58 Id. at 25.
59 Id. at 26.
60 MND, pages 43-44.

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and any birds in the orders Falconiformes or Strigiformes (birds-of-prey) (CFGC Section 3503)."61 Yet, the proposed mitigation measure only discusses protections for migratory birds during the migratory birds' nesting season. This means that no mitigation measures have been proposed to protect non-migratory birds, such as the many that Dr. Smallwood's report indicated on the Project site. Given how the Project site is not being utilized merely for migratory birds or during the nesting season for migratory birds, the MND it is unclear how feasible the mitigation measure will protect the remaining bird species found on the site. As such, the proposed mitigation measure will not feasibly resolve the potentially significant impacts on biological resources.

2. The City Cannot Defer Mitigation Measures Related to Biological Resource Impacts.

An agency may only defer the formulation of mitigation measures when it possesses "'meaningful information' reasonably justifying an expectation of compliance." (Sundstrom v.

City of Hanford (1990) 221 Cal.App.3d 692, 727 (finding groundwater purchase agreement inadequate mitigation because there was no evidence that replacement water was available).) This approach helps "ensure the integrity of the process of decisionmaking by precluding stubborn problems or serious criticism from being swept under the rug." (Concerned Citizens of Costa Mesa, Inc. v. 32nd Dist. Agricultural Assn. (1986) 42 Cal.3d 929, 935.) As applied here, the proposed mitigation measure related to addressing construction impacts during migratory bird nesting season cannot be deferred.

First, and as explained above, the proposed mitigation measure is not clear regarding the efficacy of protecting non-migratory bird species of conservation concern as well as birds of prey that protected under CEQA. Dr. Smallwood's reporting shows the presence of these species, but the MND's proposed mitigation measure merely aims to address protections surrounding migratory birds during the nesting season. Therefore, it is unclear as to how the mitigation measure will adequately and feasibly protect the remainder of the protected species that utilize the Project site.

However, CEQA prohibits this approach. As explained by the Sundstrom court, CEQA documents are "subject to review by the public and interested agencies. This requirement of "public and agency review" has been called "the strongest assurance of the adequacy of a [CEQA document]." (Sundstrom, 202 Cal.App.3d at 308). Dr. Smallwood notes that the MND's mitigation measures should be implemented if the project goes forward, but that it will not avoid the negative 61 Id.

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biological impacts he predicts.62
Dr. Smallwood proposes several additional mitigation measures beyond B1O-1. These mitigation measures include:
• Guidelines on building design to minimize bird-window collisions • Compensatory mitigation funding research to identify fatality patterns and effective impact reduction measures such as reduced speed limits and wildlife under-crossings or overcrossings of particularly dangerous road segments
• Compensatory mitigation to fund wildlife rehabilitation facilities • California native plant landscaping.

Therefore, the MND'S proposed mitigation measures will not feasibly or effectively protect migratory birds or special status species As such, these mitigation measures are inadequate, and the City must prepare an EIR pursuant to CEQA to measure the potentially significant impacts on biological resources.

IV. THERE IS SUFFICIENT EVIDENCE OF A FAIR ARGUMENT THAT THE PROJECT WILL CREATE SIGNFICANT TRANSPORTATION ISSUES.

The Project's ISIMND fails to provide comprehensive analysis regarding transportation issues, inconsistencies and deficiencies. Traffic and transportation engineer Tom Brohard, P.E., provided an independent analysis of the January 26, 2025, ISIMND, as well as the September 12, 2024 Traffic Analysis and June 24, 2024 memorandum regarding vehicle miles traveled (VMT) prepared by Urban Crossroads.63 Mr. Brohard contrasted these documents with the July 2020 City of Palm Springs Traffic Impact Analysis (TIA Guidelines).

Mr. Brohard's analysis identified several key issues which indicate that the Project's conclusions regarding traffic impacts are unsupported and warrant that an BIR is required to address these concerns.

1. The Revised Scoping Form Lacks City Approval.

The TIA Guidelines state that" ... the applicant submit and have approved a scoping form prior to the preparation and submittal of a draft TIA."64 Appendix 1.1 of the TIA provides an April 11, 2024, Memorandum containing a revised traffic study scoping agreement in response to the City's December 12, 2023, comments on a "Trip Generation Assessment." However, the Project's Revised Scoping Form lacks City of Palm Springs approval. 65
However, there is no indication that the revised TIA Scoping Agreement was accepted and approved by the City, or that it fully addressed the City's December 12, 2023, 62 Ex. B, page 26.
63 Exhibit C, Tom Brohard letter re: Transportation Issues, page 3. 64 TIA Guidelines, page 6.
65 Ex. C, page 3.

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comments.66 Therefore, the Project fails to comply with the TIA Guidelines' procedural and substantive rules regarding scoping forms.

2. The Project Access Description Falsely Describes the Project Site.

Project Access Description inaccurately describes the existing streets and the project site. The MND states that "[a]lley ways border the site on its south and east sides,"67 however, this is contradicted later in the MND, which clearly shows that the alleys do not currently exist. 68 The north-south alley along the east side of the site is currently unimproved and has a dirt surface. It is also about 4 feet above the existing alley to the south and it is physically separated from the Project site by a 4-foot-tall concrete block wall.69 Additionally, there is an east-west alley within the private property to the south of the site, but it is physically separated from the site by a 4-foot-tall concrete block wall that is several feet below the existing parking lot on the Project site. According to Mr. Brohard, access to these adjacent alleys would greatly improve circulation for the Project; however, this would require significant grading and reconstruction which does not appear feasible. 70 The incorrect description of project access is likely to cause significant impact, thus an EIS is required.

3. Site Access Has Not Been Analyzed.

The City's TIA Guidelines state that "[a] project's TIA should analyze access and safety around the project and on adjacent streets."71 Mr. Brohard identified numerous access and circulation issues requiring action, which left unaddressed will create safety issues, both on the perimeter streets and within the site itself. 72 These safety issues include:

1. Primary Garage Access
The Project proposes four hundred (400) parking spaces in the five-level primary parking garage, which would be remotely located at the southeast comer of the site. Proposed access to the garage comes via new 24' wide alleys through a two-way driveway about 150 feet south of Andreas Road and a second two-way driveway just around a comer on another alley. Mr. Brohard states that the primary garage will function very poorly based upon many design deficiencies shown on the Project Site Plan of the Ground Level.73 The primary garage will be difficult to locate based upon its remote position in the southeast comer of the property. Further, neither of the two narrow access driveways have areas that could provide access to control equipment, or that could provide a throat to prevent entering traffic from queuing and blocking the alleys. Neither of the driveways have radius curb returns to facilitate vehicle turns in to and out of the narrow alleys that provide access. 66 Id.
67 MND, page 4. 68 Id. at 11.
69 Ex. C, page 3.
70 Id.
71 TIA Guidelines, page 18.
72 Ex. C, pages3-4.
73 Id.; MND, page 12.

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Finally, the inappropriately designed access driveways for the primary garage will require three-point turns for entry and for exit, creating congestion where the stopping sight distance is limited, and resulting in high risks of collisions. 74 None of these factors are addressed by the ISIMND or supporting documents.

Therefore, further analysis is required to address the safety issues with respect to the proposed pnmary garage.

11. Underground Garage Access
The Project also proposes an underground garage with one hundred (100) parking spaces underneath the hotel in the north central portion of the site. Vehicle access will occur through a pair of two-way driveways on the south side of Andreas Road in the middle of the Project. Mr. Brohard notes underground garage will also function very poorly based upon the many design deficiencies in the Project Site Plan of the Ground Level, which also present significant safety issues. 75
The driveway shows a 16% downgrade in to and out of the garage, which is a very steep slope for hotel guests and valets to negotiate. The plans also include a pair of two-way driveways providing access to the shared hotel and residential lobby, with the steep driveway to the underground garage barely beyond a 90-degree curve with limited stopping sight distance. The plans include another pair of two-way driveways providing access to the residential drop-off to the east, which is isolated from and inconvenient to both parking garages. Final, the internal connector for the on-site drive-through for the residences is too narrow, and it will be blocked by parking on both sides of the internal connector.76 These problems are not addressed by the ISIMND. Consequently, further analysis is necessary to address the current safety and design issues.

4. The Project VMT Incorrectly Excludes Elimination of Current Parking Lot.

The Project will eliminate the 700 parking spaces that presently cover the entire hotel and residential site. This parking lot provides over 40% of the 1,700 off-street parking spaces that support Convention Center events. Removal of the parking lot is the first activity that will occur as part of the construction of the Project.77 The VMT Analysis and the MND fail to evaluate the displaced parking issue and further study with detailed evaluation is required as suggested below.

Events at the Convention Center range widely in attendance and resulting required parking. During Mr. Brohard's recent field review, the California Automatic Fire Alarm Association annual one-day conference generated 120 parked vehicles in the existing west parking lot that will be removed. Parking also occurred on both sides of Andreas Road and 74 Ex. C, page 4.
75 Id.; MND, page 12.
76 Ex. C, page 4.
77 Id. at 4-5.

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there were only a very few vehicles parked in the large parking lot to the East. 78 The vehicle parking that Mr. Brohard observed on February 6, 2025, was similar to the aerial photograph taken on November 30, 2023, that is shown in the MND79 (pictured below).

When construction of the Project begins, vehicle parking for the Convention Center will shift into the large parking lot east of A venida Caballeros and south of Amado Road.

Additional VMT will be generated by the closure of the west parking lot when attending an event at the Convention Center. Mr. Brohard used current Google Earth photos to measure distances, as well as the same vehicle trip distribution that has been used in the Traffic Analysis for the Project. Mr. Brohard reached the following conclusions regarding VMT impacts:
• Trips to/from the North-50% of the trips to/from the North to the east parking lot will experience slightly longer trips.
• Trips to/from the West - 30% of the trips to/from the West to the east parking lot will experience longer trips.
• Trips to/from the South - 10% of the trips to/from the South to the east parking lot will experience longer trips.
• Trips to/from the East - 10% of the trips to/from the East to the east parking lot will experience slightly shorter trips.

Thus, each Convention Center oriented vehicle to/from the North, West, and South will relocate from the west parking lot to the east parking lot, comprising 90% of the total 7s Id.
79 MND, Ex. 3, page 11.

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traffic. 80 This will increase VMT for the overall Project. The parking lot demolition must be carefully considered as part of the Project, not less as is purported in the VMT analysis. 81 The VMT analysis must be revised accordingly to reflect the removal of the existing parking lot on the Project site, and further mitigation measures are needed. 82 An EIR is required to further address these potential impacts.

5. VMT Mitigation Requires Monitoring and Enforcement.

The MND states that "The Project's resort hotel and residential component generated VMT per service population would exceed the City's impact threshold of 36.7 VMT per service population. Therefore, the Project would need to reduce its VMT impact by 1.5% to achieve a finding of less than significant in the baseline condition."83 Mr. Brohard suggests the following strategies that could achieve the necessary reduction:
• Commute Trip Reduction Plan - The MND states the following features ( or similar alternatives) of the marketing strategy are essential for effectiveness:
o Onsite or online commuter information services.
o Employee transportation coordinators.
o Onsite or online transit pass sales
o Guaranteed ride home service.
• End-of-trip Bicycle Facilities - The MND states this design feature to install and maintain bicycle facilities such as bike parking, bike lockers, showers, and personal lockers is expected to reduce VMT by 0.1 %.
• Unbundled Hotel Guest Parking - The MND states " ... all guests of the hotel will be required to self-park or valet park," although this strategy does not result in a quantifiable reduction in VMT. 84
Mitigation Measure TRANS.2 states:
" ... the Project is required to enforce the Commute Trip Reduction (CTR) Marketing strategy as described in the Handbook for Analyzing Greenhouse Gas Emission Reductions ... (CAPCOA, 2021) because it will achieve a 3.6% reduction in VMT impacts, which exceeds the required 1.5% reduction. The hotel operator will submit a CTR marketing strategy to the City prior to receipt of a certificate of occupancy for the Project." 85
The VMT Analysis prepared for the Project repeats these statements but fails to provide a specific commute trip reduction plan with details of the marketing strategy. TRANS.2 also fails to include a regular routine monitoring plan with schedule for updates and reports, as well as specific penalties for non-compliance. Mr. Brohard thus concludes that without these 80 Ex. C, page 5-6.
81 Id.
82 Id.
83 MND, page 97.
84 Ex. C, page 6; MND, page 97-98.
85 MND, page 99.

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enforcement provisions, compliance with the plan will not be achieved· 86 While the MND also puts forth both "End-of-trip Bicycle Facilities" and "Unbundled Hotel Guest Parking", both of these potential strategies are then dismissed as part of Mitigation Measure TRANS.2 as being ineffective. 87 It is unclear why these two strategies are even mentioned as they will not be used and are not effective, particularly bicycle commuting during the peak summer season between May and October when temperatures routinely exceed 110 degrees every day. 88 Therefore, without monitoring and enforcement, the proposed VMT reduction strategies will not be effective.

Ultimately, there are several transportation issues and deficiencies likely to cause significant impact associated with the MND and the supporting documents prepared for the Nexus Hotel and Residential Project. Most critically, the MND has failed to consider the various impacts pointed out in this letter of the removal of 700 parking spaces from the Project site as the first phase of construction. Project VMT will not be mitigated by the Commute Trip Reduction Marketing Plan to be developed but then not monitored or enforced. Furthermore, there are other transportation access issues associate with the Proposed Site Plan that require further study, analysis, and redesign. Thus, Mr. Brohard's analysis supports the conclusion that an EIR is necessary for the Project to continue.

CONCLUSION
For the foregoing reasons, SAFER requests that the City prepare an Environmental Impact Report ("EIR") to analyze and mitigate the Project's significant adverse environmental impacts.

Thank you.
86 Ex. C, page 6.
87 MND, page 99.
88 Ex. C, page 6.

Sincerely,
LOZEAU
~ DRURY LLP
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EXHIBIT A
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February 24, 2025
Lozeau Drury LLP
1939 Harrison Street, Suite 150
Oakland, CA 94612
Attn: Mr. Mitchell E. Thielemann
Subject: Comment Letter on Initial Study/Mitigated Negative Declaration (IS/MND) For Nexus Hotel and Residential
Project, City of Palms Springs, CA.

Dear Mr. Thielemann:

At the request of Lozeau Drury LLP (Lozeau Drury), Clark and Associates (Clark) has reviewed materials related to the above referenced project.

Clark’s review of the materials in no way constitutes a validation of the conclusions or materials contained within the City of Palm Springs (the City) Negative Declaration dated January 6, 2025. If we do not comment on a specific item, this does not constitute acceptance of the item.

Project Description:

The Nexus Hotel and Residential Project (Project) proposes to redevelop the site with a nine-story resort hotel and residential building consisting of 125 hotel rooms and 132 residential condo units which will be associated with the hotel and have access to hotel amenities and services; and a 6,040 square foot stand-alone restaurant. The hotel and condo units will operate on a 24 hour, 7 day a week basis. The hours of operation of the restaurant are not known, but are not expected to be 24 Clark & Associates
Environmental Consulting, Inc.

OFFICE
12405 Venice Blvd
Suite 331
Los Angeles, CA 90066
PHONE
310-907-6165
FAX
310-398-7626
EMAIL
[email protected]
3 Exhibit A
0 10 100
Item 2C - Page 54
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hours a day. The Project is estimated to result in a total of 320 employees.

The hotel portion of the building will be seven-stories, and the residential portion will be ninestories The Project includes onsite amenities catering to visitors and residents including an onsite parking structure and garage, indoor event space and an event lawn, indoor meeting space, three pools and a pool bar, a hotel ground floor restaurant and bar, a rooftop terrace and social club on the hotel’s 7th floor, and ground floor residents’ lounge and fitness center in the residential building. The hotel also includes a kitchen and “back of house” areas including offices, housekeeping and similar operation-related space. In total, the Project proposes 374,933 square feet (SF) of hotel and residential building space, 6,040 SF of standalone restaurant space, and 174,933 SF of parking garage space.

The hotel portion proposes up to 125 rooms located in the west wing of the main building.

Hotel rooms are located on the 2nd through 6th floors, and the 7th floor consists of a 3,525 SF social club and club terrace. The hotel also includes a 1,716 SF fitness center on the 2nd floor. The maximum height of the hotel portion of the Project, excluding the mechanical units, will be 85 feet 8 inches (seven stories).

The residential portion proposes up to 132 residential condo units located in the east wing of the main building. On a 5.65-acre site, this represents a density of 24 DU/AC, consistent with the allowable density of 30 DU/AC for the TRC designation. Residential units are located on the 1st (ground level) through 9th floors. The maximum height of the residential portion is 99’ 8” (9 stories), Item 2C - Page 55
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excluding the mechanical equipment. The standalone restaurant is single-story and located on the southwest quadrant of the site.

Figure 1: Conceptual Project Plan
The Project is proposed for a 5.65-acre site on the southeast corner of N. Calle El Segundo and E. Andreas Road within the City of Palm Springs in the Coachella Valley region of Riverside County, California. Alley ways border the site on its south and east sides. East Andreas Road forms the north boundary of the site, and North Calle El Segundo the west boundary. Existing development occurs on all sides, including the Renaissance Palm Springs hotel on the east, a multi-tenant commercial development on the south, the Hilton Palm Springs hotel on the west, and the Plaza Villas residential project on the north.

The site is currently developed and utilized as a surface parking lot for the Palm Springs Convention Center. The lot is paved and stripped of natural vegetation apart from water-efficient landscaping that Slll:AAtA I 245,115 ,t
II

09.26.24 Item 2C - Page 56
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follows the parking lot boundary. Demolition and construction are estimated to require approximately 18 months in a single phase.

Figure 2: Project Location Map
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According to the IS/MND, the construction phase of the Project is assumed to last 18-months.

The modeling assumes a net material export (dirt/soil) of 38,512 cubic yards per preliminary grading plan dated October 2023, which was prepared by a registered engineer and reflects the flat site and the construction of sub-surface structures. The dust management plan includes requirements for the control of dust during grading, including site watering, track-out devices and restrictions on grading activities during periods of high wind.

Specific Comments

1. The IS/MND Fails To Address The Significant Health Impacts From Valley Fever Spores Present In The Soils Of Riverside County.

The IS/MND fails to adequately address the known presence and significant risk of Coccidiodes Immitis (Valley Fever fungus) in Southern California and in Riverside County in particular. Valley Fever is on the rise in Riverside County and in Palm Springs in particular.

According to the CA Dept of Public Health, Valley Fever rates have increased 13% since 2022. Based on a study by UCR it is evident that Palm Springs is a hot spot for the County of Riverside.

Figure 3: Rates of Valley Fever In Riverside County 2019-2023 Palm Springs has some of the highest incidence of Valley Fever in Riverside County.

Valley Fever is Dust exposure is a primary risk factor for contracting Valley Fever (via Coccidiodes imimitis (cocci) exposure). When soil containing the cocci spores are disturbed by construction activities, the fungal spores become airborne, exposing construction workers and other nearby sensitive receptors. The IS/MND assumes that meeting SCAQMD Rule 403 and 403.1 (Fugitive Dust Control) would be sufficient to control the impacts from Valley Fever exposure from the Project Site. According to the grading plan 38,512 cubic yards of soil will be disturbed during Valley Fever Morbidity Ra1:es (2019-202:3) Age--adjUS.{ed Morbidity Rates per 100,000 people Figure 2. Map showin.g the age-adjusted ra:e of Valley fever per 100,000 people in Riverside Councy. 2019-20.2.3.
6-11 12-16 - 17-20 - 11-34
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the site grading. The disturbed soil onsite represents a significant pathway for VF spore exposure which will impact onsite and offsite works as well as the surrounding community.

The fungus lives in the top 2 to 12 inches of soil. When soil containing this fungus is disturbed by activities such as digging, vehicles, construction activities, dust storms, or during earthquakes, the fungal spores become airborne. The most at-risk populations are construction and agricultural workers.1 Here, construction workers are the very population that would be most directly exposed by the Project. A referenced journal article on occupational exposures notes that “[l]abor groups where occupation involves close contact with the soil are at greater risk, especially if the work involves dusty digging operations.”2
The potentially exposed population in surrounding areas is much larger than construction workers because the nonselective raising of dust during Project construction will carry the very small spores, 0.002–0.005 millimeters (“mm”), into nonendemic areas, potentially exposing large nonProject-related populations.3 ,4 These very small particles are not controlled by conventional construction dust control mitigation measures.

A study in Antelope Valley identified a clear link between soil disturbance - due to largescale renewable energy construction projects, agricultural management practices and PM10 fugitive dust emissions - and increased incidence of coccidioidomycosis.5 1 Lawrence L. Schmelzer and R. Tabershaw, Exposure Factors in Occupational Coccidioidomycosis, American Journal of Public Health and the Nation’s Health, v. 58, no. 1, 1968, pp. 107–113, Table 3; available at http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1228046/?page=1. 2 Ibid., p. 110.
3 Schmelzer and Tabershaw, 1968, p. 110; Pappagianis and Einstein, 1978 4 Pappagianis and Einstein, 1978, p. 527 (“The northern areas were not directly affected by the ground level windstorm that had struck Kern County but the dust was lifted to several thousand feet elevation and, borne on high currents, the soil and arthrospores along with some moisture were gently deposited on sidewalks and automobiles as ‘a mud storm’ that vexed the residents of much of California.” The storm originating in Kern County, for example, had major impacts in the San Francisco Bay Area and Sacramento). 5
Colson. 2017. Large-Scale Land Development, Fugitive Dust, and Increased Coccidioidomycosis Incidence in the Antelope Valley of California, 1999-2014. https://knowthecause.com/wpcontent/uploads/2017/03/Colson2017FugitiveDustCoccidiodes.pdf Item 2C - Page 59
7 | P a g e
Figure 4: Valley Fever Incidence And Soil Disturbance
It is evident from the figure above that, as the number of acres of soil in the Antelope Valley were disturbed, the incidence rate of Valley Fever also increased. The mass disturbance of soils anticipated by the proposed Project will create the same conditions that were detailed in the study by Colson. 6
The Project site’s desert location and exposure to desert winds amplify these risks. Even when standard dust control measures are in place, high winds can mobilize substantial amounts of dust from graded areas generating PM10 and PM2.5 emissions that carry Valley Fever spores and silica dust into surrounding communities. Alerts from air pollution control districts frequently accompany such wind events, underlining the inadequacy of typical dust suppression methods in preventing airborne spore exposure.

According to research on Valley Fever, outbreaks in populations with intense exposure to aerosolized arthroconidia are at greater risk for infection. These groups include agricultural or construction workers, or persons who participate in outdoor activities such as hunting or digging in the soil. Outbreaks of coccidioidomycosis have been linked to a variety of activities involving 6 ibid
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Item 2C - Page 60
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disturbance of impacted soils.7,8,9 Since Valley Fever cases are directly related to the disturbance of soils in the area, the City must directly address the impacts that the project’s construction phase will have on the community.

Valley Fever often manifests as a mild respiratory illness, but it can progress to serious chronic forms, especially in immunocompromised individuals, and may even become disseminated, impacting organs including the skin, bones, brain, and spinal cord. Disseminated Valley Fever is associated with severe symptoms like meningitis, painful lesions, and swollen joints.

Given the significant public health risks associated with airborne Valley Fever spores, the City must prepare an environmental impact report (EIR) to accurately disclose the Project’s impacts on local air quality and public health, especially for nearby and downwind receptors. The EIR should include effective mitigation measures specifically tailored to Valley Fever, as standard dust controls are inadequate for managing the risks posed by this pathogen. Ensuring robust protections for both onsite workers and off-site receptors is essential to prevent potentially severe health consequences for the surrounding community.

2. The Proposed Dust Control Measures In The IS/MND Fail To Effectively Mitigate Significant Valley Fever Exposure Risks.

The standard fugitive dust mitigation measures proposed in the IS/MND are not adequate to protect construction workers and nearby sensitive receptors from exposure to Valley Fever spores.

Rule 403 includes requirements for a Dust Control Plan, signage and fencing requirements, as well as surface watering and stabilization with chemicals, gravel and asphaltic pavement to eliminate visible fugitive dust from vehicular travel and wind erosion. All of the mitigation measures outlined 7 Brown. Et al. 2013. Coccidioidomycosis: epidemiology. Clinical Epidemiology. 5:185-197. 8 Rafael Laniado-Laborin, Expanding Understanding of Epidemiology of Coccidioidomycosis in the Western Hemisphere, Annals of the New York Academy of Sciences, v. 111, 2007, pp. 20–22, available at https://nyaspubs.onlinelibrary.wiley.com/doi/abs/10.1196/annals.1406.004; Frederick S. Fisher, Mark W. Bultman, Suzanne M. Johnson, Demosthenes Pappagianis, and Erik Zaborsky, Coccidioides Niches and Habitat Parameters in the Southwestern United States, a Matter of Scale, Annals of the New York Academy of Sciences, v. 111, 2007, pp. 47–72 (“All of the examined soil locations are noteworthy as generally 50% of the individuals who were exposed to the dust or were excavating dirt at the sites were infected.”), available at https://nyaspubs.onlinelibrary.wiley.com/doi/abs/10.1196/annals.1406.031. 9 Lawrence L. Schmelzer and R. Tabershaw, Exposure Factors in Occupational Coccidioidomycosis, American Journal of Public Health and the Nation’s Health, v. 58, no. 1, 1968, pp. 107–113, Table 3; available at http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1228046/?page=1.

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above allow for a percentage of the dust that could be generated to be migrate offsite. Based on the Mitigation Measures outlined in the CalEEMOD model (utilized in the IS/MND) watering exposed areas twice a day would reduce PM10 and PM2.5 emissions by 61 percent (61%). Increasing the watering frequency to 3 times per day would reduce PM10 and PM2.5 emissions by 74%.

Conventional dust control measures primarily focus on visible dust or larger dust particles—the PM10 fraction—and fail to address the very fine particles that transport Valley Fever spores, which are approximately 5 times smaller than typical PM10 particles and remain airborne much longer.10 These fine particles, when disturbed by soil-disturbing activities, spread widely beyond site, posing a significant risk to both onsite workers and nearby communities.

The proposed compliance with SCAQMD Rule 403, which relies on a visual opacity readings for dust control, is insufficient to prevent exposure to Valley Fever spores. This rule is based on smoke-monitoring methods (U.S. EPA Methods 9 and 22) that require active monitoring by certified observers, rely on subjective observation, and are affected by variable such as lighting, distance, and weather conditions. Due to these limitations, opacity readings do not provide accurate, continuous data on fine airborne particles.

To address these shortcomings, the City should require active monitoring with dust monitors (particle measuring devices) immediately outside of the facility and around its perimeter. Continuous particle measures would offer several advantages. It eliminates the subjectivity inherent in visual opacity readings, leading to more reliable and consistent data. It allows for real-time tracking of dust particle levels, enabling prompt corrective actions if thresholds are exceeded. And it offers robust data sets that can be used for repeatability test and to validate compliance with air quality standards.

Incorporating active dust monitoring systems would ensure that air quality impacts are accurately assessed and mitigated, fulfilling the intent of the mitigation measures and conditions of compliance to protect public health and the environment.

Additionally, sampling for and removal of impacted soils is the best solution to Coccidiodes immitis spores. Since Coccidiodes immitis resides in soils and are not subject to degradation, entrainment of the potentially impacted soils may cause additional issues to further development of the site.
10 See, e.g., Cummings and others, 2010, p. 509; Schneider et al., 1997, p. 908 (“Primary prevention strategies (e.g., dust-control measures) for coccidioidomycosis in endemic areas have limited effectiveness.”).

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The City should require that the Proponent implement mitigation measures to actively suppress the spread of Valley Fever by:

1. Include specific requirements in the Project’s Injury and Illness Prevention Program (as required by Title 8, Section 3203) regarding safeguards to prevent Valley Fever.

2. Control dust exposure:
- Apply chemical stabilizers at least 24-hours prior to high wind event; - Apply water to all disturbed areas a minimum of three times per day. Watering frequency should be increased to a minimum of four times per day if there is any evidence of visible wind-driven fugitive dust;
- Provide National Institute for Occupational Safety and Health (NIOSH)-approved respirators for workers with a prior history of Valley Fever. - Half-face respirators equipped with a minimum N-95 protection factor for use during worker collocation with surface disturbance activities. Half-face respirators equipped with N-100 or P-100 filters should be used during digging activities. Employees should wear respirators when working near earth-moving machinery.
- Prohibit eating and smoking at the worksite, and provide separate, clean eating areas with hand-washing facilities.
- Avoid outdoor construction operations during unusually windy conditions or in dust storms.
- Consider limiting outdoor construction during the fall to essential jobs only, as the risk of cocci infection is higher during this season.

3. Prevent transport of cocci outside endemic areas:
- Thoroughly clean equipment, vehicles, and other items before they are moved offsite to other work locations. - Prevent spillage or loss of bulk material from holes or other openings in the cargo compartment’s floor, sides, and/or tailgate; - Load all haul trucks such that the freeboard is not less than six inches when material is transported on any paved public access road and apply water to the top of the load sufficient to limit VDE to 20 percent opacity; or cover haul trucks with a tarp or other suitable cover.

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- Provide workers with coveralls daily, lockers (or other systems for keeping work and street clothing and shoes separate), daily changing and showering facilities. - Clothing should be changed after work every day, preferably at the work site. - Train workers to recognize that cocci may be transported offsite on contaminated equipment, clothing, and shoes; alternatively, consider installing boot-washing. - Post warnings onsite and consider limiting access to visitors, especially those without adequate training and respiratory protection.

4. Improve medical surveillance for employees:
- Employees should have prompt access to medical care, including suspected workrelated illnesses and injuries. - Work with a medical professional to develop a protocol to medically evaluate employees who have symptoms of Valley Fever.
- Consider preferentially contracting with 1-2 clinics in the area and communicate with the health care providers in those clinics to ensure that providers are aware that Valley Fever has been reported in the area. This will increase the likelihood that ill workers will receive prompt, proper and consistent medical care. - Respirator clearance should include medical evaluation for all new employees, annual re-evaluation for changes in medical status, and annual training, and fittesting. - Skin testing is not recommended for evaluation of Valley Fever.11 - If an employee is diagnosed with Valley Fever, a physician must determine if the employee should be taken off work, when they may return to work, and what type of work activities they may perform.

The City must adopt these evidence-based mitigation measures – proven effective in similar construction projects in endemic areas – in a EIR to ensure comprehensive protection of public health.

Standard dust control measures are insufficient for preventing Valley Fever exposure, and only concrete, enforceable steps like those listed above will safeguard both onsite workers and surrounding communities.
11 Short-term skin tests that produce results within 48 hours are now available. See Kerry Klein, NPR for Central California, New Valley Fever Skin Test Shows Promise, But Obstacles Remain, November 21, 2016; available at http://kvpr.org/post/new-valley-fever-skin-test-shows-promise-obstacles-remain.

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3. The Air Quality Analysis Incorrectly States That The Construction Phase Does Not Exceed The Local Significance Thresholds (LSTs).

The IS/MND states,12 “The nearest sensitive receptor is Plaza Villa, located 86.94± feet across E. Andreas Road to the north. The analysis shows that both construction and operational emissions will not exceed localized significance thresholds. Therefore, sensitive receptors in proximity to the project site, including residents at Plaza Villa, will not be adversely affected by air emissions during either phase. No further mitigation measures are required” “Based on the Project’s proximity to existing housing, the 5-acre site tables at a distance of 25 meters (nearest measurement option in LST table) were used for LST analysis. Table 4 shows onsite emission concentrations for Project construction and operation will not exceed LST thresholds.

Overall, the impacts will be less than significant.” 13 Figure 5: LST Analysis
Yet, in Table 4 of the IS/MND the City’s LST analysis shows that there are exceedances of the LST for both PM10 and PM2.5. Clearly, the construction phase will result in emissions of particulate matter above the site specific LSTs. The City must correct this flaw in an EIR and in addition, prepare a site 12 City of Palm Springs. 2025. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Nexus Hotel and Residential Project. Dated January 6, 2025. Pg 39
13 ibid. Pg 39
Table 4
Locarzed Siginmficance thresholds Emissions
(pounds. per day )1
co NOx. PMrn PMH
Construction
Maximum Emissions 41.8 48. l i2l.3 11.4!
LS.T Threshold .2,292.00 304.00 14.,00, 8.,00
Exceed? No No No No
Operation1
Area 23.6 12.3 0.03 0.02
SCAQMD Thresholds 2,292 .. 00 304..00 4 . 00 2.00
Exc,eed? No No No, No
Source :: CdEEMod Version 2022 .. 1.1.28
lST Threshold Source: LST Mass Rate Look-up Table, SCAQMD.

1. Operaiconal e missions t at affect se nsi fve re ceptors o re limite d to on~site area e missions.

Energy and mobile emissions occur off-site.

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specific health risk analysis to ensure the safety of sensitive receptors identified by the City in the IS/MND.

4. The City’s Air Quality Analysis Fails To Include A Quantitative Health Risk Analysis Of The Impacts Of Toxic Air Contaminants From The Construction Phase And Operational Phase Of The Project For The Nearest Sensitive Receptor(s) The determination of a significance threshold for construction activities and operational activities is based on a quantitative risk analysis that requires the City to perform a multistep, quantitative health risk analysis for toxic air contaminants (TACs) from the construction and operational phases of the Project. No effort is made in the IS/MND to quantify the potential health impacts from TACs generated by construction activities or operational activities from the Project on these sensitive receptors. Given that the closest receptor to the Project site is the residence located less than 25 meters from the edge of the Project Site, it is clear that there is sufficient evidence to warrant a quantitative analysis of the potential health risks to the residents.

In addition to TACs from diesel exhaust (assumed to be diesel particulate matter or DPM), the California Air Resources Board’s (CARB’s) analysis of tailpipe emissions shows that in addition to simple alkane hydrocarbons, the emissions also contain benzene (human carcinogen), 1,3-butadiene (human carcinogen), ethylbenzene (human carcinogen), toluene (neurotoxin), acetaldehyde (respiratory irritant), and formaldehyde (human carcinogen), and other air toxins. These air toxins make up approximately 22% of the total organic gases (TOGs) emitted from vehicles.

CARB
TOG Speciation Profile
Run Exhaust14
CAS# Chemical Name Fraction
75070 Acetaldehyde 0.0028
107028 Acrolein 0.0013
71432 Benzene 0.0247
106990 1,3-Butadiene 0.0055
100414 Ethylbenzene 0.0105
50000 Formaldehyde 0.0158
110543 Hexane 0.0160
67561 Methanol 0.0012
14 https://ww2.arb.ca.gov/speciation-profiles-used-carb-modeling Item 2C - Page 66
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CARB
TOG Speciation Profile
Run Exhaust14
CAS# Chemical Name Fraction
78933 Methyl Ethyl Ketone 0.0002
91203 Naphthalene 0.0005
115071 Propylene 0.0306
100425 Styrene 0.0012
108883 Toluene 0.0576
1330207 Xylenes 0.0480
Clearly the majority of emissions of these compounds from the surrounding sites to the Project site will be associated with passenger vehicles, resulting in significant exposure to benzene (human carcinogen), 1,3-butadiene (human carcinogen), ethylbenzene (human carcinogen), toluene (neurotoxin), acetaldehyde (respiratory irritant), and formaldehyde (human carcinogen), and other air toxins.

The City therefore lacks supporting evidence for its conclusion that the emissions from the Project would not result in significant health effects by virtue of the distance to the receptors. The City’s failure to perform such an analysis is clearly a major flaw in the IS/MND and may be placing the residents of the nearby homes at risk from the construction phase and operational phase of the Project.

The inherent toxicity of TACs requires the City to first quantify the concentration of each TAC released into the environment at each of the sensitive receptor locations through air dispersion modeling, calculate the dose of each TAC at that location, and quantify the cancer risk and hazard index for each of the chemicals of concern. Following that analysis, then the City can make a determination of the relative significance of the emissions. The results should then be presented in an EIR prior to approving any agreements with the Proponent or issuing any permits for the Project.

5. The Air Quality Analysis Fails To Include DPM Emissions From The Fire Pumps And Or Back-Up Generators That Will Be Installed Onsite.

The Air Quality Analysis in the IS/MND fails to include the fire pumps that will be required for the Project as well as the back-up generator (BUG) that will need to be included for the Project. A review of the South Coast Air Quality Management District’s (SCAQMD’s) FIND website shows that the Hilton Palm Springs, immediately west of the Project Site, and of a similar size to the Project has Item 2C - Page 67
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an active permit from SCAQMD for a BUG. Fire pumps are powered generally by diesel powered BUGs. BUGs are allowed to operate up to 200 hours per year for testing and maintenance. The operation of a 500 horsepower (hp) backup generator operated for an hour will add up to 0.12 pounds of DPM per day. A 150 hp fire pump operating for one hour will add 0.04 lbs of DPM per day. Since the BUGs are not included in the overall estimate of DPM the AQ analysis along with the health risk analysis does not include all of the relevant sources for the site. The City must update the air quality analysis to include the use of BUGs and fire pumps in an EIR for the Project.

Conclusion
The facts identified and referenced in this comment letter lead me to reasonably conclude that the Project could result in significant impacts if allowed to proceed. An EIR should be prepared to address these substantial concerns related to the construction and operational emissions from the Project that clearly were not identified in the IS/MND.

Sincerely,
Item 2C - Page 68
James J. J. Clark, Ph.D.

Principal Toxicologist
Toxicology/Exposure Assessment Modeling
Risk Assessment/Analysis/Dispersion Modeling
Education:

Ph.D., Environmental Health Science, University of California, 1995 M.S., Environmental Health Science, University of California, 1993 B.S., Biophysical and Biochemical Sciences, University of Houston, 1987 Professional Experience:

Dr. Clark is a well recognized toxicologist, air modeler, and health scientist. He has 20 years of experience in researching the effects of environmental contaminants on human health including environmental fate and transport modeling (SCREEN3, AEROMOD, ISCST3, Johnson-Ettinger Vapor Intrusion Modeling); exposure assessment modeling (partitioning of contaminants in the environment as well as PBPK modeling); conducting and managing human health risk assessments for regulatory compliance and risk-based clean-up levels; and toxicological and medical literature research.

Significant projects performed by Dr. Clark include the following:

LITIGATION SUPPORT
Case: James Harold Caygle, et al, v. Drummond Company, Inc. Circuit Court for the Tenth Judicial Circuit, Jefferson County, Alabama. Civil Action. CV-2009 Client: Environmental Litgation Group, Birmingham, Alabama Dr. Clark performed an air quality assessment of emissions from a coke factory located in Tarrant, Alabama. The assessment reviewed include a comprehensive review of air quality standards, measured concentrations of pollutants from factory, an inspection of the facility and detailed assessment of the impacts on the community. The results of the assessment and literature have been provided in a declaration to the court.

Clark & Associates
Environmental Consulting, Inc
OFFICE
12405 Venice Blvd.

Suite 331
Los Angeles, CA 90066
PHONE
310-907-6165
FAX
310-398-7626
EMAIL
[email protected]
3 Item 2C - Page 69
Case Result: Settlement in favor of plaintiff.

Case: Rose Roper V. Nissan North America, et al. Superior Court of the State Of California for the County Of Los Angeles – Central Civil West. Civil Action.

NC041739
Client: Rose, Klein, Marias, LLP, Long Beach, California Dr. Clark performed a toxicological assessment of an individual occupationally exposed to multiple chemicals, including benzene, who later developed a respiratory distress. A review of the individual’s medical and occupational history was performed to prepare an exposure assessment. The exposure assessment was evaluated against the known outcomes in published literature to exposure to respiratory irritants. The results of the assessment and literature have been provided in a declaration to the court.

Case Result: Settlement in favor of plaintiff.

Case: O’Neil V. Sherwin Williams, et al. United States District Court Central District of California
Client: Rose, Klein, Marias, LLP, Long Beach, California Dr. Clark performed a toxicological assessment of an individual occupationally exposed to petroleum distillates who later developed a bladder cancer. A review of the individual’s medical and occupational history was performed to prepare a quantitative exposure assessment. The results of the assessment and literature have been provided in a declaration to the court.

Case Result: Summary judgment for defendants.

Case: Moore V., Shell Oil Company, et al. Superior Court of the State Of California for the County Of Los Angeles
Client: Rose, Klein, Marias, LLP, Long Beach, California Dr. Clark performed a toxicological assessment of an individual occupationally exposed to chemicals while benzene who later developed a leukogenic disease. A review of the individual’s medical and occupational history was performed to prepare a quantitative exposure assessment. The exposure assessment was evaluated against the known outcomes in published literature to exposure to refined petroleum hydrocarbons. The results of the assessment and literature have been provided in a declaration to the court.

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Case Result: Settlement in favor of plaintiff.

Case: Raymond Saltonstall V. Fuller O’Brien, KILZ, and Zinsser, et al. United States District Court Central District of California
Client: Rose, Klein, Marias, LLP, Long Beach, California Dr. Clark performed a toxicological assessment of an individual occupationally exposed to benzene who later developed a leukogenic disease. A review of the individual’s medical and occupational history was performed to prepare a quantitative exposure assessment. The exposure assessment was evaluated against the known outcomes in published literature to exposure to refined petroleum hydrocarbons. The results of the assessment and literature have been provided in a declaration to the court.

Case Result: Settlement in favor of plaintiff.

Case: Richard Boyer and Elizabeth Boyer, husband and wife, V. DESCO Corporation, et al. Circuit Court of Brooke County, West Virginia. Civil Action Number 04-C-7G.

Client: Frankovitch, Anetakis, Colantonio & Simon, Morgantown, West Virginia.

Dr. Clark performed a toxicological assessment of a family exposed to chlorinated solvents released from the defendant’s facility into local drinking water supplies. A review of the individual’s medical and occupational history was performed to prepare a qualitative exposure assessment. The exposure assessment was evaluated against the known outcomes in published literature to exposure to chlorinated solvents. The results of the assessment and literature have been provided in a declaration to the court.

Case Result: Settlement in favor of plaintiff.

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Case: JoAnne R. Cook, V. DESCO Corporation, et al. Circuit Court of Brooke County, West Virginia. Civil Action Number 04-C-9R
Client: Frankovitch, Anetakis, Colantonio & Simon, Morgantown, West Virginia.

Dr. Clark performed a toxicological assessment of an individual exposed to chlorinated solvents released from the defendant’s facility into local drinking water supplies. A review of the individual’s medical and occupational history was performed to prepare a qualitative exposure assessment. The exposure assessment was evaluated against the known outcomes in published literature to exposure to chlorinated solvents. The results of the assessment and literature have been provided in a declaration to the court.

Case Result: Settlement in favor of plaintiff.

Case: Patrick Allen And Susan Allen, husband and wife, and Andrew Allen, a minor, V. DESCO Corporation, et al. Circuit Court of Brooke County, West Virginia. Civil Action Number 04-C-W
Client: Frankovitch, Anetakis, Colantonio & Simon, Morgantown, West Virginia.

Case Result: Settlement in favor of plaintiff.

Case: Michael Fahey, Susan Fahey V. Atlantic Richfield Company, et al. United States District Court Central District of California Civil Action Number CV-06 7109 JCL.

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Client: Rose, Klein, Marias, LLP, Long Beach, California Dr. Clark performed a toxicological assessment of an individual occupationally exposed to refined petroleum hydrocarbons who later developed a leukogenic disease. A review of the individual’s medical and occupational history was performed to prepare a qualitative exposure assessment. The exposure assessment was evaluated against the known outcomes in published literature to exposure to refined petroleum hydrocarbons.

The results of the assessment and literature have been provided in a declaration to the court.

Case Result: Settlement in favor of plaintiff.

Case: Constance Acevedo, et al., V. California Spray-Chemical Company, et al., Superior Court of the State Of California, County Of Santa Cruz. Case No. CV 146344
Dr. Clark performed a comprehensive exposure assessment of community members exposed to toxic metals from a former lead arsenate manufacturing facility. The former manufacturing site had undergone a DTSC mandated removal action/remediation for the presence of the toxic metals at the site. Opinions were presented regarding the elevated levels of arsenic and lead (in attic dust and soils) found throughout the community and the potential for harm to the plaintiffs in question.

Case Result: Settlement in favor of defendant.

Case: Michael Nawrocki V. The Coastal Corporation, Kurk Fuel Company, Pautler Oil Service, State of New York Supreme Court, County of Erie, Index Number I2001-11247
Client: Richard G. Berger Attorney At Law, Buffalo, New York Dr. Clark performed a toxicological assessment of an individual occupationally exposed to refined petroleum hydrocarbons who later developed a leukogenic disease. A review of the individual’s medical and occupational history was performed to prepare a qualitative exposure assessment. The exposure assessment was evaluated against the Item 2C - Page 73
known outcomes in published literature to exposure to refined petroleum hydrocarbons.

The results of the assessment and literature have been provided in a declaration to the court.

Case Result: Judgement in favor of defendant.

SELECTED AIR MODELING RESEARCH/PROJECTS
Client – Confidential
Dr. Clark performed a comprehensive evaluation of criteria pollutants, air toxins, and particulate matter emissions from a carbon black production facility to determine the impacts on the surrounding communities. The results of the dispersion model will be used to estimate acute and chronic exposure concentrations to multiple contaminants and will be incorporated into a comprehensive risk evaluation.

Client – Confidential
Dr. Clark performed a comprehensive evaluation of air toxins and particulate matter emissions from a railroad tie manufacturing facility to determine the impacts on the surrounding communities. The results of the dispersion model have been used to estimate acute and chronic exposure concentrations to multiple contaminants and have been incorporated into a comprehensive risk evaluation.

Client – Los Angeles Alliance for a New Economy (LAANE), Los Angeles, California
Dr. Clark is advising the LAANE on air quality issues related to current flight operations at the Los Angeles International Airport (LAX) operated by the Los Angeles World Airport (LAWA) Authority. He is working with the LAANE and LAX staff to develop a comprehensive strategy for meeting local community concerns over emissions from flight operations and to engage federal agencies on the issue of local impacts of community airports.

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Client – City of Santa Monica, Santa Monica, California Dr. Clark is advising the City of Santa Monica on air quality issues related to current flight operations at the facility. He is working with the City staff to develop a comprehensive strategy for meeting local community concerns over emissions from flight operations and to engage federal agencies on the issue of local impacts of community airports.

Client: Omnitrans, San Bernardino, California
Dr. Clark managed a public health survey of three communities near transit fueling facilities in San Bernardino and Montclair California in compliance with California Senate Bill 1927. The survey included an epidemiological survey of the effected communities, emission surveys of local businesses, dispersion modeling to determine potential emission concentrations within the communities, and a comprehensive risk assessment of each community. The results of the study were presented to the Governor as mandated by Senate Bill 1927.

Client: Confidential, San Francisco, California
Summarized cancer types associated with exposure to metals and smoking. Researched the specific types of cancers associated with exposure to metals and smoking. Provided causation analysis of the association between cancer types and exposure for use by non-public health professionals.

Client: Confidential, Minneapolis, Minnesota
Prepared human health risk assessment of workers exposed to VOCs from neighboring petroleum storage/transport facility. Reviewed the systems in place for distribution of petroleum hydrocarbons to identify chemicals of concern (COCs), prepared comprehensive toxicological summaries of COCs, and quantified potential risks from carcinogens and non-carcinogens to receptors at or adjacent to site. This evaluation was used in the support of litigation.

Client – United Kingdom Environmental Agency
Dr. Clark is part of team that performed comprehensive evaluation of soil vapor intrusion of VOCs from former landfill adjacent residences for the United Kingdom’s Environment Item 2C - Page 75
Agency. The evaluation included collection of liquid and soil vapor samples at site, modeling of vapor migration using the Johnson Ettinger Vapor Intrusion model, and calculation of site-specific health based vapor thresholds for chlorinated solvents, aromatic hydrocarbons, and semi-volatile organic compounds. The evaluation also included a detailed evaluation of the use, chemical characteristics, fate and transport, and toxicology of chemicals of concern (COC). The results of the evaluation have been used as a briefing tool for public health professionals.

EMERGING/PERSISTENT CONTAMINANT RESEARCH/PROJECTS
Client: Ameren Services, St. Louis, Missouri
Managed the preparation of a comprehensive human health risk assessment of workers and residents at or near an NPL site in Missouri. The former operations at the Property included the servicing and repair of electrical transformers, which resulted in soils and groundwater beneath the Property and adjacent land becoming impacted with PCB and chlorinated solvent compounds. The results were submitted to U.S. EPA for evaluation and will be used in the final ROD.

Client: City of Santa Clarita, Santa Clarita, California Dr. Clark is managing the oversight of the characterization, remediation and development activities of a former 1,000 acre munitions manufacturing facility for the City of Santa Clarita. The site is impacted with a number of contaminants including perchlorate, unexploded ordinance, and volatile organic compounds (VOCs). The site is currently under a number of regulatory consent orders, including an Immanent and Substantial Endangerment Order. Dr. Clark is assisting the impacted municipality with the development of remediation strategies, interaction with the responsible parties and stakeholders, as well as interfacing with the regulatory agency responsible for oversight of the site cleanup.

Client: Confidential, Los Angeles, California
Prepared comprehensive evaluation of perchlorate in environment. Dr. Clark evaluated the production, use, chemical characteristics, fate and transport, toxicology, and remediation of perchlorate. Perchlorates form the basis of solid rocket fuels and have recently been detected in water supplies in the United States. The results of this research Item 2C - Page 76
were presented to the USEPA, National GroundWater, and ultimately published in a recent book entitled Perchlorate in the Environment. Client – Confidential, Los Angeles, California Dr. Clark is performing a comprehensive review of the potential for pharmaceuticals and their by-products to impact groundwater and surface water supplies. This evaluation will include a review if available data on the history of pharmaceutical production in the United States; the chemical characteristics of various pharmaceuticals; environmental fate and transport; uptake by xenobiotics; the potential effects of pharmaceuticals on water treatment systems; and the potential threat to public health. The results of the evaluation may be used as a briefing tool for non-public health professionals.

PUBLIC HEALTH/TOXICOLOGY
Client: Brayton Purcell, Novato, California
Dr. Clark performed a toxicological assessment of residents exposed to methyl-tertiary butyl ether (MTBE) from leaking underground storage tanks (LUSTs) adjacent to the subject property. The symptomology of residents and guests of the subject property were evaluated against the known outcomes in published literature to exposure to MTBE. The study found that residents had been exposed to MTBE in their drinking water; that concentrations of MTBE detected at the site were above regulatory guidelines; and, that the symptoms and outcomes expressed by residents and guests were consistent with symptoms and outcomes documented in published literature.

Client: Confidential, San Francisco, California
Identified and analyzed fifty years of epidemiological literature on workplace exposures to heavy metals. This research resulted in a summary of the types of cancer and non-cancer diseases associated with occupational exposure to chromium as well as the mortality and morbidity rates.

Client: Confidential, San Francisco, California
Summarized major public health research in United States. Identified major public health research efforts within United States over last twenty years. Results were used as a briefing tool for non-public health professionals.

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Client: Confidential, San Francisco, California
Quantified the potential multi-pathway dose received by humans from a pesticide applied indoors. Part of team that developed exposure model and evaluated exposure concentrations in a comprehensive report on the plausible range of doses received by a specific person. This evaluation was used in the support of litigation.

Client: Covanta Energy, Westwood, California
Evaluated health risk from metals in biosolids applied as soil amendment on agricultural lands. The biosolids were created at a forest waste cogeneration facility using 96% whole tree wood chips and 4 percent green waste. Mass loading calculations were used to estimate Cr(VI) concentrations in agricultural soils based on a maximum loading rate of 40 tons of biomass per acre of agricultural soil. The results of the study were used by the Regulatory agency to determine that the application of biosolids did not constitute a health risk to workers applying the biosolids or to residences near the agricultural lands.

Client – United Kingdom Environmental Agency
Oversaw a comprehensive toxicological evaluation of methyl-tertiary butyl ether (MtBE) for the United Kingdom’s Environment Agency. The evaluation included available data on the production, use, chemical characteristics, fate and transport, toxicology, and remediation of MtBE. The results of the evaluation have been used as a briefing tool for public health professionals.

Client – Confidential, Los Angeles, California
Prepared comprehensive evaluation of tertiary butyl alcohol (TBA) in municipal drinking water system. TBA is the primary breakdown product of MtBE, and is suspected to be the primary cause of MtBE toxicity. This evaluation will include available information on the production, use, chemical characteristics, fate and transport in the environment, absorption, distribution, routes of detoxification, metabolites, carcinogenic potential, and remediation of TBA. The results of the evaluation were used as a briefing tool for nonpublic health professionals.

Client – Confidential, Los Angeles, California
Prepared comprehensive evaluation of methyl tertiary butyl ether (MTBE) in municipal drinking water system. MTBE is a chemical added to gasoline to increase the octane Item 2C - Page 78
rating and to meet Federally mandated emission criteria. The evaluation included available data on the production, use, chemical characteristics, fate and transport, toxicology, and remediation of MTBE. The results of the evaluation have been were used as a briefing tool for non-public health professionals.

Client – Ministry of Environment, Lands & Parks, British Columbia Dr. Clark assisted in the development of water quality guidelines for methyl tertiary-butyl ether (MTBE) to protect water uses in British Columbia (BC). The water uses to be considered includes freshwater and marine life, wildlife, industrial, and agricultural (e.g., irrigation and livestock watering) water uses. Guidelines from other jurisdictions for the protection of drinking water, recreation and aesthetics were to be identified.

Client: Confidential, Los Angeles, California
Prepared physiologically based pharmacokinetic (PBPK) assessment of lead risk of receptors at middle school built over former industrial facility. This evaluation is being used to determine cleanup goals and will be basis for regulatory closure of site.

Client: Kaiser Venture Incorporated, Fontana, California Prepared PBPK assessment of lead risk of receptors at a 1,100-acre former steel mill.

This evaluation was used as the basis for granting closure of the site by lead regulatory agency.

RISK ASSESSMENTS/REMEDIAL INVESTIGATIONS
Client: Confidential, Atlanta, Georgia
Researched potential exposure and health risks to community members potentially exposed to creosote, polycyclic aromatic hydrocarbons, pentachlorophenol, and dioxin compounds used at a former wood treatment facility. Prepared a comprehensive toxicological summary of the chemicals of concern, including the chemical characteristics, absorption, distribution, and carcinogenic potential. Prepared risk characterization of the carcinogenic and non-carcinogenic chemicals based on the exposure assessment to quantify the potential risk to members of the surrounding community. This evaluation was used to help settle class-action tort.

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Client: Confidential, Escondido, California
Prepared comprehensive Preliminary Endangerment Assessment (PEA) of dense nonaqueous liquid phase hydrocarbon (chlorinated solvents) contamination at a former printed circuit board manufacturing facility. This evaluation was used for litigation support and may be used as the basis for reaching closure of the site with the lead regulatory agency.

Client: Confidential, San Francisco, California
Summarized epidemiological evidence for connective tissue and autoimmune diseases for product liability litigation. Identified epidemiological research efforts on the health effects of medical prostheses. This research was used in a meta-analysis of the health effects and as a briefing tool for non-public health professionals.

Client: Confidential, Bogotá, Columbia
Prepared comprehensive evaluation of the potential health risks associated with the redevelopment of a 13.7 hectares plastic manufacturing facility in Bogotá, Colombia The risk assessment was used as the basis for the remedial goals and closure of the site.

Client: Confidential, Los Angeles, California
Prepared comprehensive human health risk assessment of students, staff, and residents potentially exposed to heavy metals (principally cadmium) and VOCs from soil and soil vapor at 12-acre former crude oilfield and municipal landfill. The site is currently used as a middle school housing approximately 3,000 children. The evaluation determined that the site was safe for the current and future uses and was used as the basis for regulatory closure of site.

Client: Confidential, Los Angeles, California
Managed remedial investigation (RI) of heavy metals and volatile organic chemicals (VOCs) for a 15-acre former manufacturing facility. The RI investigation of the site included over 800 different sampling locations and the collection of soil, soil gas, and groundwater samples. The site is currently used as a year round school housing approximately 3,000 children. The Remedial Investigation was performed in a manner Item 2C - Page 80
that did not interrupt school activities and met the time restrictions placed on the project by the overseeing regulatory agency. The RI Report identified the off-site source of metals that impacted groundwater beneath the site and the sources of VOCs in soil gas and groundwater. The RI included a numerical model of vapor intrusion into the buildings at the site from the vadose zone to determine exposure concentrations and an air dispersion model of VOCs from the proposed soil vapor treatment system. The Feasibility Study for the Site is currently being drafted and may be used as the basis for granting closure of the site by DTSC.

Client: Confidential, Los Angeles, California
Prepared comprehensive human health risk assessment of students, staff, and residents potentially exposed to heavy metals (principally lead), VOCs, SVOCs, and PCBs from soil, soil vapor, and groundwater at 15-acre former manufacturing facility. The site is currently used as a year round school housing approximately 3,000 children. The evaluation determined that the site was safe for the current and future uses and will be basis for regulatory closure of site.

Client: Confidential, Los Angeles, California
Prepared comprehensive evaluation of VOC vapor intrusion into classrooms of middle school that was former 15-acre industrial facility. Using the Johnson-Ettinger Vapor Intrusion model, the evaluation determined acceptable soil gas concentrations at the site that did not pose health threat to students, staff, and residents. This evaluation is being used to determine cleanup goals and will be basis for regulatory closure of site.

Client –Dominguez Energy, Carson, California
Prepared comprehensive evaluation of the potential health risks associated with the redevelopment of 6-acre portion of a 500-acre oil and natural gas production facility in Carson, California. The risk assessment was used as the basis for closure of the site.

Kaiser Ventures Incorporated, Fontana, California
Prepared health risk assessment of semi-volatile organic chemicals and metals for a fiftyyear old wastewater treatment facility used at a 1,100-acre former steel mill. This evaluation was used as the basis for granting closure of the site by lead regulatory agency.

Item 2C - Page 81
ANR Freight - Los Angeles, California
Prepared a comprehensive Preliminary Endangerment Assessment (PEA) of petroleum hydrocarbon and metal contamination of a former freight depot. This evaluation was as the basis for reaching closure of the site with lead regulatory agency.

Kaiser Ventures Incorporated, Fontana, California
Prepared comprehensive health risk assessment of semi-volatile organic chemicals and metals for 23-acre parcel of a 1,100-acre former steel mill. The health risk assessment was used to determine clean up goals and as the basis for granting closure of the site by lead regulatory agency. Air dispersion modeling using ISCST3 was performed to determine downwind exposure point concentrations at sensitive receptors within a 1 kilometer radius of the site. The results of the health risk assessment were presented at a public meeting sponsored by the Department of Toxic Substances Control (DTSC) in the community potentially affected by the site.

Unocal Corporation - Los Angeles, California
Prepared comprehensive assessment of petroleum hydrocarbons and metals for a former petroleum service station located next to sensitive population center (elementary school).

The assessment used a probabilistic approach to estimate risks to the community and was used as the basis for granting closure of the site by lead regulatory agency.

Client: Confidential, Los Angeles, California
Managed oversight of remedial investigation most contaminated heavy metal site in California. Lead concentrations in soil excess of 68,000,000 parts per billion (ppb) have been measured at the site. This State Superfund Site was a former hard chrome plating operation that operated for approximately 40-years.

Client: Confidential, San Francisco, California
Coordinator of regional monitoring program to determine background concentrations of metals in air. Acted as liaison with SCAQMD and CARB to perform co-location sampling and comparison of accepted regulatory method with ASTM methodology.

Item 2C - Page 82
Client: Confidential, San Francisco, California
Analyzed historical air monitoring data for South Coast Air Basin in Southern California and potential health risks related to ambient concentrations of carcinogenic metals and volatile organic compounds. Identified and reviewed the available literature and calculated risks from toxins in South Coast Air Basin.

IT Corporation, North Carolina
Prepared comprehensive evaluation of potential exposure of workers to air-borne VOCs at hazardous waste storage facility under SUPERFUND cleanup decree. Assessment used in developing health based clean-up levels.

Professional Associations
American Public Health Association (APHA)
Association for Environmental Health and Sciences (AEHS) American Chemical Society (ACS)
California Redevelopment Association (CRA)
International Society of Environmental Forensics (ISEF) Society of Environmental Toxicology and Chemistry (SETAC) Publications and Presentations:

Books and Book Chapters
Sullivan, P., J.J. J. Clark, F.J. Agardy, and P.E. Rosenfeld. (2007). Synthetic Toxins In The Food, Water and Air of American Cities. Elsevier, Inc. Burlington, MA.

Sullivan, P. and J.J. J. Clark. 2006. Choosing Safer Foods, A Guide To Minimizing Synthetic Chemicals In Your Diet. Elsevier, Inc. Burlington, MA.

Sullivan, P., Agardy, F.J., and J.J.J. Clark. 2005. The Environmental Science of Drinking Water. Elsevier, Inc. Burlington, MA.

Sullivan, P.J., Agardy, F.J., Clark, J.J.J. 2002. America’s Threatened Drinking Water:

Hazards and Solutions. Trafford Publishing, Victoria B.C.

Clark, J.J.J. 2001. “TBA: Chemical Properties, Production & Use, Fate and Transport, Toxicology, Detection in Groundwater, and Regulatory Standards” in Oxygenates in the Environment. Art Diaz, Ed.. Oxford University Press: New York.

Clark, J.J.J. 2000. “Toxicology of Perchlorate” in Perchlorate in the Environment.

Edward Urbansky, Ed. Kluwer/Plenum: New York.

Clark, J.J.J. 1995. Probabilistic Forecasting of Volatile Organic Compound Concentrations At The Soil Surface From Contaminated Groundwater. UMI.

Item 2C - Page 83
Baker, J.; Clark, J.J.J.; Stanford, J.T. 1994. Ex Situ Remediation of Diesel Contaminated Railroad Sand by Soil Washing. Principles and Practices for Diesel Contaminated Soils, Volume III. P.T. Kostecki, E.J. Calabrese, and C.P.L. Barkan, eds. Amherst Scientific Publishers, Amherst, MA. pp 89-96.

Journal and Proceeding Articles
Tam L. K.., Wu C. D., Clark J. J. and Rosenfeld, P.E. (2008) A Statistical Analysis Of Attic Dust And Blood Lipid Concentrations Of Tetrachloro-p-Dibenzodioxin (TCDD) Toxicity Equialency Quotients (TEQ) In Two Populations Near Wood Treatment Facilities. Organohalogen Compounds, Volume 70 (2008) page 002254.

Tam L. K.., Wu C. D., Clark J. J. and Rosenfeld, P.E. (2008) Methods For Collect Samples For Assessing Dioxins And Other Environmental Contaminants In Attic Dust: A Review. Organohalogen Compounds, Volume 70 (2008) page 000527 Hensley A.R., Scott, A., Rosenfeld P.E., Clark, J.J.J. (2007). “Attic Dust And Human Blood Samples Collected Near A Former Wood Treatment Facility.” Environmental Research. 105:194-199. Rosenfeld, P.E., Clark, J. J., Hensley, A.R., and Suffet, I.H. 2007. “The Use Of An Odor Wheel Classification For The Evaluation of Human Health Risk Criteria For Compost Facilities” Water Science & Technology. 55(5): 345-357.

Hensley A.R., Scott, A., Rosenfeld P.E., Clark, J.J.J. 2006. “Dioxin Containing Attic Dust And Human Blood Samples Collected Near A Former Wood Treatment Facility.” The 26th International Symposium on Halogenated Persistent Organic Pollutants – DIOXIN2006, August 21 – 25, 2006. Radisson SAS Scandinavia Hotel in Oslo Norway.

Rosenfeld, P.E., Clark, J. J. and Suffet, I.H. 2005. “The Value Of An Odor Quality Classification Scheme For Compost Facility Evaluations” The U.S. Composting Council’s 13th Annual Conference January 23 - 26, 2005, Crowne Plaza Riverwalk, San Antonio, TX.

Rosenfeld, P.E., Clark, J. J. and Suffet, I.H. 2004. “The Value Of An Odor Quality Classification Scheme For Urban Odor” WEFTEC 2004. 77th Annual Technical Exhibition & Conference October 2 - 6, 2004, Ernest N. Morial Convention Center, New Orleans, Louisiana.

Clark, J.J.J. 2003. “Manufacturing, Use, Regulation, and Occurrence of a Known Endocrine Disrupting Chemical (EDC), 2,4-Dichlorophnoxyacetic Acid (2,4-D) in California Drinking Water Supplies.” National Groundwater Association Southwest Focus Conference: Water Supply and Emerging Contaminants. Minneapolis, MN.

March 20, 2003.

Item 2C - Page 84
Rosenfeld, P. and J.J.J. Clark. 2003. “Understanding Historical Use, Chemical Properties, Toxicity, and Regulatory Guidance” National Groundwater Association Southwest Focus Conference: Water Supply and Emerging Contaminants. Phoenix, AZ. February 21, 2003.

Clark, J.J.J., Brown A. 1999. Perchlorate Contamination: Fate in the Environment and Treatment Options. In Situ and On-Site Bioremediation, Fifth International Symposium. San Diego, CA, April, 1999.

Clark, J.J.J. 1998. Health Effects of Perchlorate and the New Reference Dose (RfD).

Proceedings From the Groundwater Resource Association Seventh Annual Meeting, Walnut Creek, CA, October 23, 1998.

Browne, T., Clark, J.J.J. 1998. Treatment Options For Perchlorate In Drinking Water.

Proceedings From the Groundwater Resource Association Seventh Annual Meeting, Walnut Creek, CA, October 23, 1998.

Clark, J.J.J., Brown, A., Rodriguez, R. 1998. The Public Health Implications of MtBE and Perchlorate in Water: Risk Management Decisions for Water Purveyors.

Proceedings of the National Ground Water Association, Anaheim, CA, June 3-4, 1998.

Clark J.J.J., Brown, A., Ulrey, A. 1997. Impacts of Perchlorate On Drinking Water In The Western United States. U.S. EPA Symposium on Biological and Chemical Reduction of Chlorate and Perchlorate, Cincinnati, OH, December 5, 1997.

Clark, J.J.J.; Corbett, G.E.; Kerger, B.D.; Finley, B.L.; Paustenbach, D.J. 1996.

Dermal Uptake of Hexavalent Chromium In Human Volunteers: Measures of Systemic Uptake From Immersion in Water At 22 PPM. Toxicologist. 30(1):14.

Dodge, D.G.; Clark, J.J.J.; Kerger, B.D.; Richter, R.O.; Finley, B.L.; Paustenbach, D.J. 1996. Assessment of Airborne Hexavalent Chromium In The Home Following Use of Contaminated Tapwater. Toxicologist. 30(1):117-118.

Paulo, M.T.; Gong, H., Jr.; Clark, J.J.J. (1992). Effects of Pretreatment with Ipratroprium Bromide in COPD Patients Exposed to Ozone. American Review of Respiratory Disease. 145(4):A96.

Harber, P.H.; Gong, H., Jr.; Lachenbruch, A.; Clark, J.; Hsu, P. (1992). Respiratory Pattern Effect of Acute Sulfur Dioxide Exposure in Asthmatics. American Review of Respiratory Disease. 145(4):A88.

McManus, M.S.; Gong, H., Jr.; Clements, P.; Clark, J.J.J. (1991). Respiratory Response of Patients With Interstitial Lung Disease To Inhaled Ozone. American Review of Respiratory Disease. 143(4):A91.

Gong, H., Jr.; Simmons, M.S.; McManus, M.S.; Tashkin, D.P.; Clark, V.A.; Detels, R.; Clark, J.J. (1990). Relationship Between Responses to Chronic Oxidant and Acute Item 2C - Page 85
Ozone Exposures in Residents of Los Angeles County. American Review of Respiratory Disease. 141(4):A70.

Tierney, D.F. and J.J.J. Clark. (1990). Lung Polyamine Content Can Be Increased By Spermidine Infusions Into Hyperoxic Rats. American Review of Respiratory Disease. 139(4):A41.

Item 2C - Page 86

EXHIBIT B
Item 2C - Page 87

Shawn Smallwood, PhD
3108 Finch Street
Davis, CA 95616
Richard Drury
Lozeau I Drury LLP
1939 Harrison St., Suite 150
Oakland, CA 94612
RE: Nexus Hotel
Dear Mr. Drury,
Exhibit B
2 March 2025
I write to comment on potential impacts to biological resources from the proposed Nexus Hotel project, which I understand would add a seven-story hotel and a nine-story residential building totaling 374,933 square-feet of floor space), along with 6,040 sf restaurant and 174,933 sf parking garage, all on 5.65 acres ON APNs 508-055-007, - 008, and -009 at the southeast corner of E Andreas Rd and N Calle El Segundo in Palm Springs, California. I comment on the analyses of impacts to biological resources in the Initial Study/Mitigated Negative Declaration (IS/MND).

My qualifications for preparing expert comments are the following. I hold a Ph.D. degree in Ecology from University of California at Davis, where I also worked as a postgraduate researcher in the Department of Agronomy and Range Sciences. My research has been on animal density and distribution, habitat selection, wildlife interactions with the anthrosphere, and conservation of rare and endangered species. I authored many papers on these and other topics. I served as Chair of the Conservation Affairs Committee for The Wildlife Society - Western Section. I am a member of The Wildlife Society and Raptor Research Foundation, and I've lectured part-time at California State University, Sacramento. I was Associate Editor of wildlife biology's premier scientific journal, The Journal of Wildlife Management, as well as of Biological Conservation, and I was on the Editorial Board of Environmental Management. I have performed wildlife surveys in California for thirty-seven years. My CV is attached.

SITE VISIT
On my behalf, Noriko Smallwood, a wildlife biologist with a Master's Degree from California State University Los Angeles, visited the site of the proposed project for 3.17 hours from 06:36 to 09:46 hours on 15 February 2025. She walked the site's perimeters, stopping to scan for wildlife with use of binoculars. Noriko recorded all species of vertebrate wildlife she detected, including those whose members flew over the site or were seen nearby, off the site. Animals of uncertain species identity were either omitted or, if possible, recorded to the Genus or higher taxonomic level.

Conditions were sunny with 3 MPH southwest wind and temperatures of 52-63° F. The site is a parking lot with native and non-native landscaping plants and trees (Photos 1- 3).
1 Item 2C - Page 88
Photos 1, 2, and 3. Views of the project site, 15 February 2025. Photos by Noriko Smallwood.

Noriko saw mourning dove (Photo 4), verdin (Photos 5 and 6), Costa's hummingbird (Photo 7), northern mockingbird and Bewick's wren (Photos 8 and 9), white-throated swift and Cooper's hawk (Photos 10 and 11), yellow-rumped warbler (Photo 12), house finch and lesser goldfinch (Photos 13 and 14), ruby-crowned kinglet and western 2 Item 2C - Page 89
bluebird (Photos 15 and 16), common raven (Photo 17), among the other species listed in Table 1. Noriko detected 18 species of vertebrate wildlife at or adjacent to the project site, including three species with special status (Table 1).

Noriko Smallwood certifies that the foregoing and following survey results are true and accurately reported.

Noriko
~ Smallwood ~
Photo 4. Mourning dove on the project site, 15 February 2025. Photo by Noriko Smallwood.
3 Item 2C - Page 90
Photos 5 and 6. Verdin foraging on the project site, 15 February 2025. Photos by Noriko Smallwood.

Photo 7. Costa's hummingbird on the project site, 15 February 2025. Photo by Noriko Smallwood.
4 Item 2C - Page 91
I
Photos 8 and 9. Northern mockingbird (left), and Bewick's wren (right), on the project site, 15 February 2025. Photos by Noriko Smallwood.

Photos 10 and 11. White-throated swift on the project site (left), and Cooper's hawk just off of the project site (right), 15 February 2025. Photos by Noriko Smallwood. 5 Item 2C - Page 92
Photo 12. Yellow-rumped warbler on the project site, 15 February 2025. Photo by Noriko Smallwood.

Photos 13 and 14. House.finch (left), and lesser goldfinch (right) foraging on the project site, 15 February 2025. Photos by Noriko Smallwood. 6 Item 2C - Page 93
Photos 15 and 16. Ruby-crowned kinglet (left), and western bluebird (right) on the project site, 15 February 2025. Photos by Noriko Smallwood.

Photo 17. Common ravens on the project site, 15 February 2025. Photo by Noriko Smallwood.
7 Item 2C - Page 94
Table 1. Species of wildlife Noriko observed during 3.17 hours of survey on 15 February 2025.

Common name Species name Status1 Notes
Rock piJ;!;eon Columba livia Non-native Flew over
Mourning dove Zenaida macroura Many
White-throated swift Aeronautes saxatalis Circled over
Costa's hummingbird Calupte costae BCC Foraged, territorial Cooper's hawk Accipiter cooperii WL, BOP Perched iust off site Ladder-backed woodpecker Dryobates scalaris Perched just off site Black phoebe Sayornis nigricans
Say's phoebe Sayornis saya
American crow Corvus brachyrhynchos Many
Common raven Corvus corax Many
Verdin Auriparus _fiaviceps BCC Foraged
Ruby-crowned kinglet Requlus calendula Foraged
Bewick's wren Thryomanes bewickii Sang
Northern mockingbird Mimus polyq lottos
Western bluebird Sialia mexicana Foraged
House finch Haemorphous mexicanus Foraged, many
Lesser goldfinch Spinus psaltria Flew over
Yellow-rumped warbler Setophaga coronata Foraged
1 Listed as BCC = U.S. Fish and Wildlife Service Bird of Conservation Concern, WL = Taxa to Watch List (Shuford and Gardali 2008), and BOP= Birds of Prey (California Fish and Game Code 3503.5).

The species of wildlife Noriko detected at the project site comprised only a sampling of the species that were present during her survey. To demonstrate this, I fit a nonlinear regression model to Noriko's cumulative number of vertebrate species detected with time into her survey to predict the number of species that she would have detected with a longer survey or perhaps with additional biologists available to assist her. The model is a logistic growth model which reaches an asymptote that corresponds with the maximum number of vertebrate wildlife species that could have been detected during the survey. In this case, the model fit to her morning survey data predicts 20 species of vertebrate wildlife were available to be detected during her survey, or five more species than the number she actually detected (Figure 1).

Unknown are the identities of the five species Noriko missed, but the pattern in her data indicates typical use of the project site compared to other sites she and I have surveyed in the Coachella Valley, most of which were undeveloped. Over nearly her first hour of survey, Noriko's rate of species detections at the project site followed along the upper bound of the 95% confidence interval estimated from other surveys in the Coachella Valley (Figure 1). Importantly, however, the species Noriko did and did not detect on 15 February 2025 composed only fractions of the species that would occur at the project site over the period of a year or longer. This is because many species are seasonal in 8 Item 2C - Page 95
0 50 100 150 200 250 300
Minutes into survey
0 5
10 15
20 25
30 Model prediction
r2 = 0.98, loss = 8.2
95% CI of 7 visualscan surveys 2019-2024
Actual count of species
their occurrence, and some would be detectable only periodically at the site as their members patrol large home ranges.

Figure 1. Actual
and predicted
relationships
between the
numbers of
vertebrate
wildlife species
detected and the
elapsed survey
time based on
Noriko's visualscan surveys on
15February
2025.
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0 At least a year's worth of surveys would be needed to more accurately report the number of vertebrate species that occur at the project site, but I only have Noriko's one survey.

However, by use of an analytical bridge, a modeling effort applied to a large, robust data set from a research site can predict the number of vertebrate wildlife species that likely make use of the site over the longer term. As part of my research, I completed a much larger survey effort across 167 km2 of annual grasslands of the Altamont Pass Wind Resource Area, where from 2015 through 2019 I performed 7211-hour visual-scan surveys, or 721 hours of surveys, at 46 stations. I used binoculars and otherwise the methods were the same as the methods I and other consulting biologists use for surveys at proposed project sites. At each of the 46 survey stations, I tallied new species detected with each sequential survey at that station, and then related the cumulative species detected to the hours (number of surveys, as each survey lasted 1 hour) used to accumulate my counts of species detected. I used combined quadratic and simplex methods of estimation in Statistica to estimate least-squares, best-fit nonlinear models of the number of cumulative species detected regressed on hours of survey (number of surveys) at the station: R. = 11 ~ )c, where R. represented cumulative species a+bx Hours richness detected. The coefficients of determination, r2 , of the models ranged o.88 to 9 Item 2C - Page 96

1.00, with a mean of 0.97 (95% CI: 0.96, 0.98); or in other words, the models were excellent fits to the data.

I projected the predictions of each model to thousands of hours to find predicted asymptotes of wildlife species richness. The mean model-predicted asymptote of species richness was 57 after 11,857 hours of visual-scan surveys among the 46 stations of my research site. I also averaged model predictions of species richness at each incremental increase of number of surveys, i.e., number of hours (Figure 2). On average I would have detected 13.1 species over my first 3.17 hours of surveys at my research site in the Altamont Pass (3.17 hours to match the 3.17 hours Noriko surveyed at the project site), which composed 23% of the predicted total number of species I would detect with a much larger survey effort at the research site. Given the example illustrated in Figure 2, the 15 species Noriko detected after her 3.17 hours of survey at the project site likely represented 23% of the species to be detected after many more visual-scan surveys over another year or longer. With many more repeat surveys through the year, Noriko would likely detect 15/ 0_23 = 65 species of vertebrate wildlife at the site. Assuming Noriko's ratio of special-status to non-special-status species was to hold through the detections of all 65 predicted species, then continued surveys would eventually detect 13 specialstatus species of vertebrate wildlife.

Figure 2. Mean (95% CI)
predicted wildlife species
richness, R, as a nonlinear
function of hour-long
survey increments across
46 visual-scan survey
stations across the
Altamont Pass Wind
Resource Area, Alameda
and Contra Costa
Counties, 2015-2019. Note
that the location of the
study is largely irrelevant
to the utility of the graph
to the interpretation of
survey outcomes at the
project site. It is the
pattern in the data that is
relevant, because the
pattern is typical of the
pattern seen elsewhere.
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Because my prediction of 65 species of vertebrate wildlife, including 13 special-status species of vertebrate wildlife, is derived from daytime visual-scan surveys, and would have detected few nocturnal mammals such as bats, the true number of species composing the wildlife community of the site must be larger. Noriko's reconnaissance 10 Item 2C - Page 97
survey should serve only as a starting point toward characterization of the site's wildlife community, but it certainly cannot alone inform of the inventory of species that use the site. More surveys are needed than her one survey to inventory the wildlife species that use the project site. Nevertheless, the large number of species I predict at the project site is indicative of a relatively species-rich wildlife community that warrants a serious survey effort.

Noriko Smallwood also recorded bird flight activity on the project site. During her 3.17 hours of survey, she counted 121 flights of birds, or 38 bird flights per hour. She recorded 14 species of birds flying over the site, including 27 flights of mourning dove, 24 of house finch, 23 of common raven, 9 of western bluebird, 8 of Costa's hummingbird, 6 each oflesser goldfinch and American crow, 5 of yellow-rumped warbler, 4 of rock pigeon, 2 each of white-throated swift, verdin and ruby-crowned kinglet, and 1 each of Say's phoebe and black phoebe.

All but 10 of the bird flights were within the height domains of the proposed buildings.

The 10 above the buildings' heights were 8 common raven flights and 2 2 white-throated swift flights. The rest of the flights were within 60 feet of the ground. Therefore, 92% of the bird flights recorded by Noriko would have been vulnerable collisions with the buildings had the buildings been constructed already.

Forty percent of the birds in flight headed eastward, 35% headed south, 14% headed north, and 10% headed west. Based on Noriko's brief survey, I would be most concerned about the fa<;ades facing west and north. These two directions would present the most glass to the most number (75%) of birds that Noriko observed in flight on the morning of 15 February 2025.

EXISTING ENVIRONMENTAL SETTING
The first step in analysis of potential project impacts to biological resources is to accurately characterize the existing environmental setting, including the biological species that use the site. The site should also include that portion of the aerosphere that would be displaced by the project, which in the case of this project would include 494 feet of vertical space extending upward from the project's ground footprint. This displaced airspace is habitat to many species of birds. To understand this part of avian habitat, one must consider the definition of habitat, which is a species' use of the environment (Hall et al. 1997), typically based on measurement (Smallwood 2002). The gaseous atmosphere, or aerosphere, is habitat to many species. It is a principal medium oflife to volant animals such as birds (Davy et al. 2017, Diehl et al. 2017). The aerosphere is where birds and bats and other volant animals with wings migrate, disperse, forage, perform courtship and where some of them mate. Birds are some of the many types of animals that evolved wings as a morphological adaptation to thrive by moving through the medium of the aerosphere. The aerosphere is habitat not just to volant wildlife that fly through it, but to any and every animal that breaths air. Indeed, an entire discipline of ecology has emerged to study this essential aspect of habitat - the discipline of aeroecology (Kunz et al. 2008). The aerosphere is part of the existing environmental setting, and it needs to be characterized as such in CEQA review. 11 Item 2C - Page 98
The first step in analysis of potential project impacts to biological resources is to accurately characterize the existing environmental setting, including the wildlife community and any key ecological relationships and known and ongoing threats to special-status species. A reasonably accurate characterization of the environmental setting can provide the baseline against which to analyze potential project impacts. For these reasons, characterization of the environmental setting, including the project site's regional setting, is one of the CEQA's essential analytical steps. Methods to achieve this first step typically include (1) surveys of the site for biological resources, and (2) reviews of literature, databases and local experts for documented occurrences of special-status species. In the case of the proposed project, these required steps remain incomplete.

Environmental Setting informed by Field Surveys
To the CEQA's primary objective to disclose potential environmental impacts of a proposed project, the analysis should be informed of which biological species are known to occur at the proposed project site, which special-status species are likely to occur, as well as the limitations of the survey effort directed to the site. Analysts need this information to characterize the environmental setting as a basis for opining on, or predicting, potential project impacts to biological resources.

No surveys for birds or any other wildlife have been completed at the project site.

Surveys are needed to characterize bird flights during both day and night, and the bird flights need to be further attributed by species, heights above ground, flight directions, and specific flight behaviors. The lack of surveys leaves the City of Palm Springs blind to any potential project impacts to birds, because without a survey there is no sound basis for characterizing the existing environmental setting. Going forward with the project without completing appropriate avian surveys would be indefensible, and doing so could result in high costs to birds and to the building's owner if windows require retrofits or window glass needs to be marked for visibility post-construction (see below, under BirdWindow Collisions).

The IS/MND concludes "there is no suitable habitat for sensitive native species on or around the site." This conclusion, however, is unsubstantiated because no surveys were completed on behalf of the project applicant or the City. In fact, Noriko Smallwood detected three special-status species of wildlife on the project site, and my modeling of her data predicts there should be 13 special-status species using the site - and this number only applies to the types of diurnally active species that Noriko was potentially to detect during her morning survey.

Environmental Setting informed by Desktop Review
The purpose of literature and database reviews and of consulting with local experts is to inform the field survey, and to augment interpretation of its outcome. Analysts need this information to identify which species are known to have occurred at or near the project site, and to identify which other special-status species could conceivably occur at the site due to geographic range overlap and migration flight paths. 12 Item 2C - Page 99
The documents I reviewed include no desktop review to assess avian species' occurrence likelihoods in or near the airspace that would be displaced by the proposed project. The lack of a desktop review for avian flight paths and for special-status species likely to occur at the project site leaves the City of Los Angeles uninformed of and unprepared for potential project impacts to birds.

In my assessment based on database review and Noriko Smallwood's survey, 137 special-status species of wildlife are known to occur near enough to the project site to warrant analysis of occurrence potential (Table 2). Of these 137 special-status species, four have been documented on or right next to the project site, 41 (46%) have been documented within 1.5 miles of the site (Very close), 11 (30%) within 1.5 and 4 miles (Nearby), and another 74 (14%) within 4 to 30 miles (In region). Nearly half (41%) of the species in Table 2 have been reportedly seen within 4 miles of the project site. It is reasonable to conclude, therefore, that the site carries considerable potential for supporting multiple special-status species of wildlife based on proximity of recorded occurrences.

Also based on database review and Noriko Smallwood's survey, 100 special-status species of birds are known to occur near enough to the project site to warrant analysis of occurrence potential (Table 2). Members of these 100 species can fly within the aerosphere of the project site and would be vulnerable to collision with the buildings or with loss of energy caused by the need to circumnavigate the buildings. Of these 100 special-status species, four have been recorded on or right next to the project site, 38 have been documented within 1.5 miles of the site, 10 within 1.5 and 4 miles, and another 46 within 4 to 30 miles. Half (52%) of the bird species in Table 2 have been reportedly seen within 4 miles of the project site. It is reasonable to conclude, therefore, that the site's airspace carries considerable potential for supporting the travels of many special-status species of birds based on proximity of recorded occurrences.

Because the project would consist of two mid-rise buildings with many windows, avian use of the local aerosphere should be of principal concern. Of the available records of tracked birds, 5,656 birds of 113 species have been recorded flying into the Palm Springs area from 16 countries of the Americas, from as far away as Argentina to northern Alaska and northern Canada (https://explorer.audubon.org/explore/locations/ MYSwLgngyAMg9gZwAOEEB2BzApgGywgbgCcsMO400BhFA4OAVzTCOgFUB1WnAO zCgDMAFgBoABgCsAiOHYCOClACoARhUAOEOCYhE3UA/connections?locationAddr ess= Los+ Angeles%2C+California&y=2403411.3245877805&x=2517121.9601057805&zo om=z&legend=expand&layersPanel=expand). According to BirdCast, which detects flying birds via radar, 1,611,900 birds were in flight over Riverside County during the night of 28 April 2024. I am unable to locate the major pathways of these flights, but Mccrary et al. (1982) established that the Coachella Valley serves as a major bird migration corridor.
13 Item 2C - Page 100
Table 2. Occurrence likelihoods of special-status bird species at or near the proposed project site, according to eBird/iNaturalist records (https: /jeBird.org, https: /jwww.inaturalist.org ) and on-site survey findings, where 'Very close' indicates within 1.5 miles of the site, "nearby" indicates within 1.5 and 4 miles, and "in region" indicates within 4 and 30 miles, and 'in range' means the species' geographic range overlaps the site. Entries in bold font identify species detected by Noriko Smallwood.

Database
Common name Species name Status1 records, Site
visit
Casey's June beetle Dinacoma caseui FE In region
Monarch Danaus plexippus FC Very close
Crotch's bumble bee Bombus crotchii CCE In region
Blain ville' s horned lizard Phrimosoma blainvillii SSC In region San Diegan tiger whiptail Aspidoscelis tiqris stejneqeri SSC In region San Diegan legless lizard Anniella stebbinsi SSC In region Coast patch-nosed snake Salvadora hexalepis virgultea SSC In region Two-striped gartersnake Thamnophis hammondii SSC Nearby Red-diamond rattlesnake Crotalus ruber SSC Very close
Brant Branta bernicla SSC2 In region
Cackling goose (Aleutian) Branta hutchinsii leucopareia WL In region Redhead Authua americana SSC2 Verv close
Western grebe Aechmophorus occidentalis BCC Very close
Clark's grebe Aechmophorus clarkii BCC Nearby
Western yellow-billed cuckoo Coccuzus americanus occidentalis FT,CE In region Black swift Cupseloides niqer SSC3, BCC In region
Vaux'sswift Chaetura vauxi SSC2 Very close
Costa's hummingbird Caluvte costae BCC On site
Calliope hummingbird Selasphorus calliope BCC In region Rufous hummingbird Selasphorus ru/ils BCC Very close
Allen's hummingbird Selasphorus sasin BCC In region
American avocet Recurvirostra americana BCC Nearby
Mountain plover Charadrius montanus SSC2, BCC In region Snowy plover Charadrius nivosus BCC In region
Western snowy plover Charadrius nivosus nivosus FT,SSC In region Long-billed curlew Numenius americanus WL In region
14 Item 2C - Page 101
Database
Common name Species name Status1 records, Site
visit
Marbled godwit Limosa fedoa BCC In region
Black turnstone Arenaria melanocephala BCC In region Red knot (Pacific) Calidris canutus BCC In region Pectoral sandpiper Calidris melanotos BCC In region Short-billed dowitcher Limnodromus qriseus BCC In region Lesser yellowlegs Trinqa l7.avipes BCC In region
Willet Tringa semipalmata BCC In region
Laughing gull Leucophaeus atricilla WL In region Franklin's roll Leucophaeus pipixcan BCC In region Heermann's roll Larus heermanni BCC In region
Western gull Larus occidentalis BCC In region
Yellow-footed roll Larus livens BCC In region
California gull Larus californicus BCC, WL Very close
California least tern Sternula antillarum browni FE,CE,CFP In region Gull-billed tern Gelochelidon nilotica BCC. SSC~ In region Black tern Chlidonias niqer SSC2. BCC In region Elegant tern Thalasseus elegans BCC, WL In region Black skimmer Rynchops niger BCC, SSC3 In region Common loon Gavia immer SSC In region
Double-crested cormorant Phalacrocorax auritus WL Very close American white pelican Pelacanus erythrorhynchos SSC1 Very close California brown pelican2 Pelecanus occidentalis californicus CFP Nearby Least bittern Ixobruchus exilis SSC2 In region
White-faced ibis Plegadis chihi WL Very close
Turkey vulture Cathartes aura BOP Very close
Osprey Pandion haliaetus WL. BOP Vervclose
White-tailed kite Elanus luecurus CFP. BOP Nearby
Golden eagle Aquila chrusaetos BGEPA, CFP, BOP, WL Very close Northern harrier Circus cuaneus SSC3, BOP Very close
Sharp-shinned hawk Accipiter striatus WL, BOP Vervclose 15 Item 2C - Page 102
Database
Common name Species name Status1 records, Site
visit
Cooper's hawk Accipiter cooperii WL, BOP Just off site
Bald eagle Haliaeetus leucocephalus CE, BGEPA, BOP Nearby Red-shouldered hawk Buteo lineatus BOP Very close
Swainson's hawk Buteo swainsoni CT, BOP Very close
Red-tailed hawk Buteo iamaicensis BOP Very close
Ferruginous hawk Buteo regalis WL, BOP In region
Zone-tailed hawk Buteo albonotatus BOP In region
Harris' hawk Parabuteo unicinctus WL, BOP In region
Rough-legged hawk Buteo lagopus BOP In region
American barn owl T.tJtO furcata BOP Very close
Western screech-owl Megascops kennicotti BOP Nearby
Great horned owl Bubo virginianus BOP Very close
Burrowing owl Athene cunicularia BCC,SSC2,BOP,CCE Very close Long-eared owl Asio otus BCC, SSC~. BOP In region
Short-eared owl Asia flammeus BCC. SSC~. BOP In range
Lewis's woodpecker Melanerpes lewis BCC Nearby
American kestrel Falco sparverius BOP On site
Merlin Falco columbarius WL, BOP Very close
Peregrine falcon Falco perearinus BOP Vervclose
Prairie falcon Falco mexicanus WL, BOP Very close
Olive-sided flycatcher Contopus cooperi BCC, SSC2 Very close Willow flycatcher Empidonax trailii CE Very close
Southwestern willow flycatcher Empidonax traillii extimus FE,CE In range Vermilion flycatcher Purocephalus rubinus SSC2 Very close Least Bell's vireo Vireo bellii pusillus FE,CE Very close Grav vireo Vireo vicinior SSC2 In region
Loggerhead shrike Lanius ludovicianus SSC2 Very close
Oak titmouse Baeolophus inornatus BCC Very close
Verdin Auriparus fl.aviceps BCC On site
California horned lark Eremophila afoestris actia WL Vervclose 16 Item 2C - Page 103
Database
Common name Species name Status1 records, Site
visit
Bank swallow Riparia riparia CT In region
Purple martin Proqne subis SSC2 In region
Wrentit Chamaea fasciata BCC Nearby
Black-tailed gnatcatcher Polioptila melanura WL Very close Bendire's thrasher Toxostoma bendirei SSC3, BCC In region California thrasher Toxostoma redivivum BCC Very close
LeConte's thrasher Toxostoma lecontei SSC1, BCC Nearby
Crissal thrasher Toxostoma crissale SSC3 In region
Cassin's finch Haemorhous cassinii BCC Very close
Lawrence's goldfinch Spinus lawrencei BCC Very close
Grasshopper sparrow Ammodramus savannarum SSC2 In region Black-chinned sparrow Spizella atroqularis BCC Nearby
Gray-headed junco Junco huemalis caniceps WL In region
Bell's sparrow Amphispiza b. belli WL In region
Oregon vesper sparrow Pooecetes aramineus afflnis SSC2 In region Southern California rufous-crowned sparrow Aimophila rufi.ceps canescens WL Very close Yellow-breasted chat I cteria virens SSC3 Very close
Yellow-headed blackbird Xanthocephalus xanthocephalus SSC3 Very close Tricolored blackbird Aaelaius tricolor CT, BCC, SSC1 In region Lucy's warbler Leiothluvis luciae SSC3 In region
Virginia's warbler Leiothluvis virqiniae WL, BCC In region Yellow warbler Setophaga petechia SSC2 Very close Summer tanager Piranaa rubra SSC1 Vervclose
California leaf nosed bat Macrotus californicus SSC,WBWG:H In range Yumamyotis M..11otis yumanensis WBWG:LM In region
Long-eared mvotis Muotis evotis WBWG:M In region Fringed mvotis Muotis thusanodes WBWG:H In region Long-legged myotis Myotis volans WBWG:H In region California myotis Myotis californicus WBWG:L In region
Small-footed mvotis Muotis ciliolabrum WBWG:M In region 17 Item 2C - Page 104
Database
Common name Species name Status1 records, Site
visit
Canyon bat Parastrellus hesperus WBWG:M Vervclose
Big brown bat Episticus fuscus WBWG:L In region
Silver-haired bat Lasionycteris noctivagans WBWG:M In region Hoary bat Lasiurus cinereus WBWG:M In region
Western red bat Lasiurus blossevillii SSC, WBWG: H In range Western yellow bat Lasiurus xanthinus SSC, WBWG: H In region Spotted bat Euderma maculatum SSC, WBWG: H In range
Townsend's big-eared bat Corunorhinus townsendii SSC, WBWG: H In region Pallid bat Antrozous pallidus SSC, WBWG: H In region Mexican free-tailed bat Tadarida brasiliensis WBWG:L In region Pocketed free-tailed bat Nyctinomops_femorosaccus SSC, WBWG: M In region Western mastiff bat Eumops perotis SSC, WBWG: H In range San Diego black-tailediackrabbit Lepus californicus bennettii SSC In region Palm Springs round-tailed ground squirrel Xerospermophilus tereticaudus chlorus SSC In region Palm Springs pocket mouse Peroanathus lonaimembris banasi SSC In region Northwestern San Diego pocket mouse Chaetodipus .fallax fallax SSC In region Dulzura pocket mouse Chaetodipus californicus femoralis SSC In range Pallid San Diego pocket mouse Chaetodipus .fallax pallidus SSC In region Los Angeles pocket mouse Peroanathus lonaimembris brevinasus SSC In region Southern grasshopper mouse On11chom11s torridus ramona SSC In region San Diego desert woodrat Neotoma lepida intermedia SSC In region 1 Listed as Ff or FE= federal threatened or endangered, FC = federal candidate for listing, BCC = U.S. Fish and Wildlife Service Bird of Conservation Concern, CT or CE = California threatened or endangered, CCT or CCE = Candidate California threatened or endangered, CFP = California Fully Protected (California Fish and Game Code 3511), SSC= California Species of Special Concern (not threatened with extinction, but rare, very restricted in range, declining throughout range, peripheral portion of species' range, associated with habitat that is declining in extent), SSC1, SSC2 and SSC3 = California Bird Species of Special Concern priorities 1, 2 and 3, respectively (Shuford and Gardali 2008), WL = Taxa to Watch List (Shuford and Gardali 2008), and BOP = Birds of Prey (CFG Code 3503.5), and WBWG = Western Bat Working Group with priority rankings, oflow (L), moderate (M), and high (H). 2Delisted as CFP
18 Item 2C - Page 105
1 1
McCrary et al. (1982) detected 12.9% of nocturnally migrating birds below 100 m altitude. This percentage applied to the BirdCast data would estimate nearly 208,000 birds flew in the dark and within 100 m of the ground on 28 April 2024. And I note that the BirdCast data might be missing many of the migratory birds that fly low due to ground clutter. Ground clutter in the Palm Springs area comes in the forms of buildings and trees. In summary, the basis exists for concern that a large number of birds might routinely fly through the aerosphere that would be displaced by the proposed buildings of the project. Potential collision impacts from this project are addressed below, under the heading Bird-Window Collisions.

Hundreds of thousands of birds migrate along the Pacific Flyway, which includes Palm Springs. At least 100 special-status species of birds are known to the project area (Table 2). According to the literature, many of the special-status species in Table 2 have been documented as window collision fatalities and are therefore susceptible to new structural glass installations (Supplemental Material to Basilio et al. 2020; Smallwood unpublished review). Many more species of migratory birds, protected by the federal Migratory Bird Treaty Act and by California's Migratory Bird Protection Act, have also been documented as window collision victims (Basilio et al. 2020).

Surveys by qualified behavioral ecologists are needed to characterize bird flight activity in the project area. A desktop review is also needed to identify the special-status species of birds most at risk of encountering the building while flying through the area. The analysis should provide guidance to the orientation and design of the building. Also, it should provide guidance to mitigation measures. Because the project's documentation lacks the appropriate surveys and desktop review, a fair argument can be made for the need to prepare an EIR to appropriately characterize the aerosphere as part of the existing environmental setting.

BIOLOGICAL IMPACTS ASSESSMENT
Accurate characterization of the existing environmental setting is an essential foundation for analysis of potential project impacts, but the documents I reviewed provide no foundation for impacts analysis. An impacts analysis should consider whether and how the proposed project would affect members of each potentially occurring special-status species and of each species of bird likely to attempt to fly through the airspace of the project. In the following, I analyze two types of impacts likely to result from the project, and neither of which is addressed in the documents I reviewed.

INTERFERENCE WITH WILDLIFE MOVEMENT
One of CEQA's principal concerns regarding potential project impacts is whether a proposed project would interfere with wildlife movement in the region. Based on no survey of any kind for flying birds, the IS/MND (p. 44) writes, "Any suitable habitat for any native species has been completely degraded due to the area's development.

Ground clutter generates solid radar echoes that hide the echoes of individual birds. 19 Item 2C - Page 106
Additionally, the site lacks connections to other native habitats. Therefore, the site does not experience the migration of native wildlife and does not substantially interfere with the movement of any species, nor does it limit the use of native wildlife nursey sites." However, Noriko Smallwood recorded 121 bird flights during her brief survey. Some of these flying birds landed on the project site. These birds were able to fly to and away and across the project site because of the habitat connection that remains, and that is the aerosphere. The City is mistaken in its assumption that no habitat connectivity remains.

The project would insert 85.67- and 99.67-foot-tall buildings into the airspace that has been used by birds on migration, dispersal, home range patrol and foraging over millions of years. These buildings would obviously interfere with wildlife movement in the region. A fair argument can be made for the need to prepare an EIR to appropriately analyze the project's potential impacts to volant wildlife and how those impacts to movement can be mitigated.

BIRD-WINDOW COLLISIONS
The project would add 7-story and 9-story buildings of 85.67 and 99.67 feet, which would expose the birds of the project area to windows composing the building's facades.

Window collisions are often characterized as either the second or third largest source or human-caused bird mortality. The numbers behind these characterizations are often attributed to Klem's (1990) and Dunn's (1993) estimates of about 100 million to 1 billion bird fatalities in the USA, or more recently by Loss et al.'s (2014) estimate of 365-988 million bird fatalities in the USA or Calvert et al.'s (2013) and Machtans et al.'s (2013) estimates of 22-4 million and 25 million bird fatalities in Canada, respectively. The proposed project would impose windows in the airspace normally used by birds.

Glass-fac;ades of buildings intercept and kill many birds, but these fac;ades are differentially hazardous to birds based on spatial extent, contiguity, orientation, and other factors. At Washington State University, Johnson and Hudson (1976) found 266 bird fatalities of 41 species within 73 months of monitoring of a three-story glass walkway (no fatality adjustments attempted). Prior to marking the windows to warn birds of the collision hazard, the collision rate was 84. 7 per year. At that rate, and not attempting to adjust the fatality estimate for the proportion of fatalities not found, 4,574 birds were likely killed over the 54 years since the start of their study, and that's at a relatively small building fa~ade. Accounting for the proportion of fatalities not found, the number of birds killed by this walkway over the last 54 years would have been about 14,270. And this is just for one 3-story, glass-sided walkway between two college campus buildings.

Klem's (1990) estimate was based on speculation that 1 to 10 birds are killed per building per year, and this speculated range was extended to the number of buildings estimated by the US Census Bureau in 1986. Klem's speculation was supported by fatality monitoring at only two houses, one in Illinois and the other in New York. Also, the basis of his fatality rate extension has changed greatly since 1986. Whereas his estimate served the need to alert the public of the possible magnitude of the birdwindow collision issue, it was highly uncertain at the time and undoubtedly outdated 20 Item 2C - Page 107
more than three decades hence. Indeed, by 2010 Klem (2010) characterized the upper end of his estimated range - 1 billion bird fatalities - as conservative. Furthermore, the estimate lumped species together as if all birds are the same and the loss of all birds to windows has the same level of impact.

By the time Loss et al. (2014) performed their effort to estimate annual USA birdwindow fatalities, many more fatality monitoring studies had been reported or were underway. Loss et al. (2014) incorporated many more fatality rates based on scientific monitoring, and they were more careful about which fatality rates to include. However, they included estimates based on fatality monitoring by homeowners, which in one study were found to detect only 38% of the available window fatalities (Bracey et al. 2016). Loss et al. (2014) excluded all fatality records lacking a dead bird in hand, such as injured birds or feather or blood spots on windows. Loss et al.'s (2014) fatality metric was the number of fatalities per building (where in this context a building can include a house, low-rise, or high-rise structure), but they assumed that this metric was based on window collisions. Because most of the bird-window collision studies were limited to migration seasons, Loss et al. (2014) developed an admittedly assumption-laden correction factor for making annual estimates. Also, only 2 of the studies included adjustments for carcass persistence and searcher detection error, and it was unclear how and to what degree fatality rates were adjusted for these factors. Although Loss et al. (2014) attempted to account for some biases as well as for large sources of uncertainty mostly resulting from an opportunistic rather than systematic sampling data source, their estimated annual fatality rate across the USA was highly uncertain and vulnerable to multiple biases, most of which would have resulted in fatality estimates biased low.

In my review of bird-window collision monitoring, I found that the search radius around homes and buildings was very narrow, usually 2 meters. Based on my experience with bird collisions in other contexts, I would expect that a large portion of bird-window collision victims would end up farther than 2 m from the windows, especially when the windows are higher up on tall buildings. In my experience, searcher detection rates tend to be low for small birds deposited on ground with vegetation cover or woodchips or other types of organic matter. Also, vertebrate scavengers entrain on anthropogenic sources of mortality and quickly remove many of the carcasses, thereby preventing the fatality searcher from detecting these fatalities. Adjusting fatality rates for these factors - search radius bias, searcher detection error, and carcass persistence rates - would greatly increase nationwide estimates of bird-window collision fatalities.

Buildings can intercept many nocturnal migrants (Van Doren et al. 2021) as well as birds flying in daylight. As mentioned above, Johnson and Hudson (1976) found 266 bird fatalities of 41 species within 73 months of monitoring of a four-story glass walkway at Washington State University (no adjustments attempted for undetected fatalities).

Somerlot (2003) found 21 bird fatalities among 13 buildings on a university campus within only 61 days. Monitoring twice per week, Hager at al. (2008) found 215 bird fatalities of 48 species, or 55 birds/building/year, and at another site they found 142 bird fatalities of 37 species for 24 birds/building/year. Gelb and Delacretaz (2009) recorded 5,400 bird fatalities under buildings in New York City, based on a decade of monitoring only during migration periods, and some of the high-rises were associated 21 Item 2C - Page 108
with hundreds of fatalities each. Klem et al. (2009) monitored 73 building fac;ades in New York City during 114 days of two migratory periods, tallying 549 collision victims, nearly 5 birds per day. Borden et al. (2010) surveyed a 1.8 km route 3 times per week during 12-month period and found 271 bird fatalities of 50 species. Parkins et al. (2015) found 35 bird fatalities of 16 species within only 45 days of monitoring under 4 building fa~ades. From 24 days of survey over a 48-day span, Porter and Huang (2015) found 47 fatalities under 8 buildings on a university campus. Sabo et al. (2016) found 27 bird fatalities over 61 days of searches under 31 windows. In San Francisco, Kahle et al. (2016) found 355 collision victims within 1,762 days under a 5-story building. OcampoPe:fiuela et al. (2016) searched the perimeters of 6 buildings on a university campus, finding 86 fatalities after 63 days of surveys. One of these buildings produced 61 of the 86 fatalities, and another building with collision-deterrent glass caused only 2 of the fatalities, thereby indicating a wide range in impacts likely influenced by various factors.

There is ample evidence available to support my prediction that the proposed project would result in many collision fatalities of birds.

Project Impact Prediction
By the time of these comments, I had reviewed and processed results of bird collision monitoring at 213 buildings and fa~ades for which bird collisions per m2 of glass per year could be calculated and averaged (Johnson and Hudson 1976, O'Connell 2001, Somerlot 2003, Hager et al. 2008, Borden et al. 2010, Hager et al. 2013, Porter and Huang 2015, Parkins et al. 2015, Kahle et al. 2016, Ocampo-Pe:fiuela et al. 2016, Sabo et al. 2016, Barton et al. 2017, Gomez-Moreno et al. 2018, Schneider et al. 2018, Loss et al. 2019, Brown et al. 2020, City of Portland Bureau of Environmental Services and Portland Audubon 2020, Riding et al. 2020). These study results averaged 0.073 bird deaths per m2 of glass per year (95% CI: 0.042-0.102). This average and its 95% confidence interval provide a robust basis for predicting fatality rates at a proposed new project.

The IS/MND does not disclose the extent of glass windows on the proposed new building, other than by depictions of windows in renderings of the buildings. I therefore measured the extents of windows depicted in the building schematics within the IS/MND. Based on my measurements of the building's schematics, I estimate the project would include 6,750 m2 of windows not including the glass railings. Applying the mean fatality rate (above) to my estimates of glass in either project, I predict annual bird deaths of 493 (95% CI: 293-640).

The vast majority of bird-window collision deaths would be of birds protected under the Migratory Bird Treaty Act and under the recently revised California Migratory Bird Protection Act, thus causing significant unmitigated impacts. Given the predicted level of bird-window collision mortality, and the lack of any proposed mitigation, it is my opinion that the proposed project would result in potentially significant adverse biological impacts.
22 Item 2C - Page 109
At least a fair argument can be made for the need to prepare an EIR to appropriately analyze the potential impacts of bird-window collisions that might be caused by the project.

TRAFFIC IMPACTS TO WILDLIFE
The documents I reviewed neglect to address one of the project's most obvious, substantial impacts to wildlife, and that is wildlife mortality and injuries caused by project-generated traffic. Project-generated traffic would endanger wildlife that must, for various reasons, cross roads used by the project's traffic (Photos 18-21), including along roads far from the project footprint but which would nevertheless by traversed by automobiles head to or from the project's building. Vehicle collisions have accounted for the deaths of many thousands of amphibian, reptile, mammal, bird, and arthropod fauna, and the impacts have often been found to be significant at the population level (Forman et al. 2003). Across North America traffic impacts have taken devastating tolls on wildlife (Forman et al. 2003). In Canada, 3,562 birds were estimated killed per 100 km of road per year (Bishop and Brogan 2013), and the US estimate of avian mortality on roads is 2,200 to 8,405 deaths per 100 km per year, or 89 million to 340 million total per year (Loss et al. 2014). Local impacts can be more intense than nationally.

Photo 18. A white-tailed
antelope squirrel runs across the
road just in the Coachella Valley,
26May 2022. Such road
crossings are usually successful,
but too often prove fatal to the
animal.

Photo 19. A coyote uses the
crosswalk to cross a road on 2
February 2023. Not all drivers
stop, nor do all animals use the
crosswalk. Too often, animals
are injured or killed when they
attempt to cross roads.
23 Item 2C - Page 110
Photos 20 and 21. Raccoon killed on Road 31just east of Highway 505 in Solano County (left; photo taken on 10 November 2018), and mourning dove killed by vehicle on a California road (right; photo by Noriko Smallwood, 21 June 2020.) The nearest study of traffic-caused wildlife mortality was performed along a 2.5-mile stretch ofVasco Road in Contra Costa County, California. Fatality searches in this study found 1,275 carcasses of 49 species of mammals, birds, amphibians and reptiles over 15 months of searches (Mendelsohn et al. 2009). This fatality number needs to be adjusted for the proportion of fatalities that were not found due to scavenger removal and searcher error. This adjustment is typically made by placing carcasses for searchers to find ( or not find) during their routine periodic fatality searches. This step was not taken at Vasco Road (Mendelsohn et al. 2009), but it was taken as part of another study next to Vasco Road (Brown et al. 2016). Brown et al.'s (2016) adjustment factors for carcass persistence resembled those of Santos et al. (2011). Also applying searcher detection rates from Brown et al. (2016), the adjusted total number of fatalities was estimated at 9,462 animals killed by traffic on the road. This fatality number projected over 1.25 years and 2.5 miles of road translates to 3,028 wild animals per mile per year. In terms comparable to the national estimates, the estimates from the Mendelsohn et al. (2009) study would translate to 188,191 animals killed per 100 km of road per year, or 22 times that of Loss et al.'s (2014) upper bound estimate and 53 times the Canadian estimate.

An analysis is needed of whether increased traffic generated by the project site would similarly result in local impacts on wildlife.

For wildlife vulnerable to front-end collisions and crushing under tires, road mortality can be predicted from the study of Mendelsohn et al. (2009) as a basis, although it would be helpful to have the availability of more studies like that of Mendelsohn et al. (2009) at additional locations. My analysis of the Mendelsohn et al. (2009) data resulted in an estimated 3,028 animals killed per mile along a county road in Contra Costa County. The estimated numbers of fatalities were 1.75% birds, 26.4% mammals (many mice and pocket mice, but also ground squirrels, desert cottontails, striped skunks, American badgers, raccoons, and others), 67.4% amphibians (large numbers of California tiger salamanders and California red-legged frogs, but also Sierran treefrogs, 24 Item 2C - Page 111
western toads, arboreal salamanders, slender salamanders and others), and 4.4% reptiles (many western fence lizards, but also skinks, alligator lizards, and snakes of various species). VMT is useful for predicting wildlife mortality because I was able to quantify miles traveled along the studied reach ofVasco Road during the time period of the Mendelsohn et al. (2009), hence enabling a rate of fatalities per VMT that can be projected to other sites, assuming similar collision fatality rates.

Predicting project-generated traffic impacts to wildlife The IS/MND predicts 6,990,190 annual VMT. During the Mendelsohn et al. (2009) study, 19,500 cars traveled Vasco Road daily, so the vehicle miles that contributed to my estimate of non-volant fatalities was 19,500 cars and trucks x 2.5 miles x 365 days/year x 1.25 years = 22,242,187.5 vehicle miles per 9,462 wildlife fatalities, or 2,351 vehicle miles per fatality. This rate divided into the predicted annual VMT would predict 2,973 vertebrate wildlife fatalities per year due to project-generated traffic. However, compared to the study area of Mendelsohn et al. (2009), fewer animals would be killed in the urbanized part of Palm Springs that surrounds the project site, so an adjustment is warranted. Assuming that the number of wild animals encountered by projectgenerated traffic would be only 40% of the number of animals encountered by traffic in the Mendelsohn et al. (2009) study, the annual death toll to wildlife resulting from project-generated traffic would be 1,189. Even this assumed lower mortality would qualify as a significant impact, and based on my review of the available documents, it would not be mitigated.

Based on my analysis, the project-generated traffic would cause substantial, significant impacts to wildlife. The documents I reviewed do not address this potential impact, let alone propose to mitigate it. Mitigation measures to improve wildlife safety along roads are available and are feasible, and they need exploration for their suitability with the proposed project. Given the predicted level of project-generated traffic-caused mortality, and the lack of any proposed mitigation, it is my opinion that the proposed project would result in potentially significant adverse biological impacts. At least a fair argument can be made for the need to prepare an EIR to appropriately analyze the impact of wildlife-automobile collisions resulting from project-generated traffic.

CUMULATIVE IMPACTS
The IS/MND's cumulative effects analysis is flawed. The IS/MND concludes that "The overall impacts of both the General Plan's and the Specific Plan's build out were considered in EIRs prepared for those documents, and the Project will not result in greater impacts than those identified for build out of the General Plan or Specific Plan in their EIR documents." However, the IS/MND's implication that the General Plan or Specific Plan and their EIRs would minimize cumulative impacts is also largely inconsistent with the CEQA. According to the CEQA Guidelines §15064(h)(3), "When relying on a plan, regulation or program, the lead agency should explain how implementing the particular requirements in the plan, regulation or program ensure that the project's incremental contribution to the cumulative effect is not cumulatively 25 Item 2C - Page 112
considerable." The IS/MND does not explain how the existing plans would minimize the project's contributions to cumulative impacts.

The project would insert two tall glass-covered buildings into the airspace that has been used by volant wildlife for millions of years to travel across the Coachella Valley. The project would further fragment aerial habitat of volant wildlife, and this would contribute cumulatively to other similar impacts caused by other mid-rise and high-rise buildings in the area. The project would also cause a predicted 493 (95% CI: 293-640) bird-window collision fatalities. Additionally, the project would generate a predicted annual VMT of 6,990,190, which would contribute up to 2.973 wildlife-automobile collision fatalities to the cumulative annual mortality already underway in Palm Springs.

A cumulative impacts analysis needs to be completed.

MITIGATION MEASURE
BI0-1 The IS/MND requires only a preconstruction survey for breeding birds and the establishment of construction buffer zones around any active nest that are discovered.

This measure should be implanted if the project goes forward, but it should be understood that this measure would not avoid the impacts I predict in this comment letter.

RECOMMENDED MEASURES
Guidelines on Building Design to Minimize Bird-Window Collisions: If the project goes forward, it should at a minimum adhere to available Bird-Safe Guidelines, such as those prepared by American Bird Conservancy and New York and San Francisco. The American Bird Conservancy (ABC) produced an excellent set of guidelines recommending actions to: (1) Minimize use of glass; (2) Placing glass behind some type of screening (grilles, shutters, exterior shades); (3) Using glass with inherent properties to reduce collisions, such as patterns, window films, decals or tape; and (4) Turning off lights during migration seasons (Sheppard and Phillips 2015). The City of San Francisco (San Francisco Planning Department 2011) also has a set of building design guidelines, based on the excellent guidelines produced by the New York City Audubon Society (Orff et al. 2007). The ABC document and both the New York and San Francisco documents provide excellent alerting of potential bird-collision hazards as well as many visual examples. The San Francisco Planning Department's (2011) building design guidelines are more comprehensive than those of New York City, but they could have gone further. For example, the San Francisco guidelines probably should have also covered scientific monitoring of impacts as well as compensatory mitigation for impacts that could not be avoided, minimized or reduced.

New research results inform of the efficacy of marking windows. Whereas Klem (1990) found no deterrent effect from decals on windows, Johnson and Hudson (1976) reported a fatality reduction of about 69% after placing decals on windows. In an experiment of opportunity, Ocampo-Pefiuela et al. (2016) found only 2 of 86 fatalities at one of 6 buildings - the only building with windows treated with a bird deterrent film. At the building with fritted glass, bird collisions were 82% lower than at other buildings with 26 Item 2C - Page 113
untreated windows. Kahle et al. (2016) added external window shades to some windowed fa~ades to reduce fatalities 82% and 95%. Brown et al. (2020) reported an 84% lower collision probability among fritted glass windows and windows treated with ORNILUX R UV. City of Portland Bureau of Environmental Services and Portland Audubon (2020) reduced bird collision fatalities 94% by affixing marked Solyx window film to existing glass panels of Portland's Columbia Building. Many external and internal glass markers have been tested experimentally, some showing no effect and some showing strong deterrent effects (Klem 1989, 1990, 2009, 2011; Klem and Saenger 2013; Rossler et al. 2015).

Van Doren et al. (2021) found that nocturnal migrants contributed most of the collision fatalities in their study, and the largest predictors of fatalities were peak migration and lit windows. Van Doren et al. (2021) predicted that a light-out mitigation measure could reduce bird-window collision mortality by 60%.

Monitoring and the use of compensatory mitigation should be incorporated at any new building project because the measures recommended in the available guidelines remain of uncertain efficacy, and even if these measures are effective, they will not reduce collision fatalities to zero. The only way to assess mitigation efficacy and to quantify post-construction fatalities is to monitor the project for fatalities.

The City of Palm Springs should follow the examples of major cities and formulate its own mitigation guidelines for analysis of potential impacts and for mitigating those impacts.

Road Mortality: Compensatory mitigation is needed for the increased wildlife mortality that would be caused by bird-window collisions and the project-generated road traffic in the region. I suggest that this mitigation can be directed toward funding research to identify fatality patterns and effective impact reduction measures such as reduced speed limits and wildlife under-crossings or overcrossings of particularly dangerous road segments. Compensatory mitigation can also be provided in the form of donations to wildlife rehabilitation facilities (see below).

Fund Wildlife Rehabilitation Facilities: Compensatory mitigation ought also to include funding contributions to wildlife rehabilitation facilities to cover the costs of injured animals that will be delivered to these facilities for care. Many animals would likely be injured by collisions with the building's windows and with automobiles traveling to and from the building.

Landscaping: If the project goes forward, California native plant landscaping (i.e., grassland and locally appropriate scrub plants) should be considered to be used as opposed to landscaping with lawn and exotic shrubs and trees. Native plants offer more structure, cover, food resources, and nesting substrate for wildlife than landscaping with lawn and ornamental trees. Native plant landscaping has been shown to increase the abundance of arthropods which act as importance sources of food for wildlife and are crucial for pollination and plant reproduction (Narango et al. 2017, Adams et al. 2020, Smallwood and Wood 2022.). Further, many endangered and threated insects require 27 Item 2C - Page 114
native host plants for reproduction and migration, e.g., monarch butterfly. Around the world, landscaping with native plants over exotic plants increases the abundance and diversity of birds, and is particularly valuable to native birds (Lerman and Warren 2011, Burghardt et al. 2008, Berthon et al. 2021, Smallwood and Wood 2022). Landscaping with native plants is a way to maintain or to bring back some of the natural habitat and lessen the footprint of urbanization by acting as interconnected patches of habitat for wildlife (Goddard et al. 2009, Tallamy 2020). Lastly, not only does native plant landscaping benefit wildlife, it requires less water and maintenance than traditional landscaping with lawn and hedges.

Thank you for your consideration,
Shawn Smallwood, Ph.D.

LITERATURE CITED
Adams, B. J., E. Li, C. A. Bahlai, E. K. Meineke, T. P. McGlynn, and B. V. Brown. 2020.

Local and landscape-scale variables shape insect diversity in an urban biodiversity hot spot. Ecological Applications 30(4):eo2089. 10.1002/eap.2089 Barton, C. M., C. S. Riding, and S. R. Loss. 2017. Magnitude and correlates of bird collisions at glass bus shelters in an urban landscape. Plos One 12. (6): eo178667. https: // doi.org/lo.1371/journal.pone.0178667
Basilio, L. G., D. J. Moreno, and A, J. Piratelli. 2020. Main causes ofbird-window collisions: a review. Anais da Academia Brasileira de Ciencias 92(1): e20180745 DOI

10.1590/ 0001-3765202020180745.

Berthon, K., F. Thomas, and S. Bekessy. 2021. The role of 'nativenes' in urban greening to support animal biodiversity. Landscape and Urban Planning 205:103959. https://doi.org/lo.1016/j.landurbplan.2020.103959
Bishop, C. A. and J.M. Brogan. 2013. Estimates of Avian Mortality Attributed to Vehicle Collisions in Canada. Avian Conservation and Ecology 8:2. http://dx.doi.org/10.5751/ACE-00604-080202.

Borden, W. C., 0. M. Lockhart, A. W. Jones, and M. S. Lyons. 2010. Seasonal, taxonomic, and local habitat components of bird-window collisions on an urban university campus in Cleveland, OH. Ohio Journal of Science 110(3):44-52.

Bracey, A. M., M.A. Etterson, G. J. Niemi, and R. F. Green. 2016. Variation in birdwindow collision mortality and scavenging rates within an urban landscape. The Wilson Journal of Ornithology 128:355-367.
28 Item 2C - Page 115
Brown, B. B., L. Hunter, and S. Santos. 2020. Bird-window collisions: different fall and winter risk and protective factors. PeerJ 8:e9401 http://doi.org/lo.7717/peerj.9401 Brown, K., K. S. Smallwood, J. Szewczak, and B. Karas. 2016. Final 2012-2015 Report Avian and Bat Monitoring Project Vasco Winds, LLC. Prepared for NextEra Energy Resources, Livermore, California.

Burghardt, K. T., D. W. Tallamy, and W. G. Shriver. 2008. Impact of native plants on bird and butterfly biodiversity in suburban landscapes. Conservation Biology 23:219- 224.

Calvert, A. M., C. A. Bishop, R. D. Elliot, E. A. Krebs, T. M. Kydd, C. S. Machtans, and G.

J. Robertson. 2013. A synthesis of human-related avian mortality in Canada. Avian Conservation and Ecology 8(2): 11. http://dx.doi.org/lo.5751/ACE-00581-080211 City of Portland Bureau of Environmental Services and Portland Audubon. 2020.

Collisions at the Columbia Building: A synthesis of pre- and post-retrofit monitoring.

Environmental Services of City of Portland, Oregon.

Davy, C. M., A. T. Ford, and K. C. Fraser. 2017. Aeroconservation for the fragmented skies. Conservation Letters 10(6): 773-780.

De Groot, K. L., A. G. Wilson, R. McKibbin, S. A. Hudson, K. M. Dohms, A. R. Norris, A.

C. Huang, I. B. J. Whitehorne, K. T. Fort, C. Roy, J. Bourque, and S. Wilson. 2022.

Bird protection treatments reduce bird-window collision risk at low-rise buildings within a Pacific coastal protected area. PeerJ 10(9):e13142 DOI 10.7717/peerj.13142.

Diehl, R. H., A. C. Peterson, R. T. Bolus, and D. Johnson. 2017. Extending the habitat concept to the airspace. USGS Staff -- Published Research. 1129. https://digitalcommons.unl.edu/usgsstaffpub/1129
Dunn, E. H. 1993. Bird mortality from striking residential windows in winter. Journal of Field Ornithology 64:302-309.

Forman, T. T., D. Sperling, J. A. Bisonette, A. P. Clevenger, C. D. Cutshall, V. H. Dale, L.

Fahrig, R. France, C.R. Goldman, K. Heanue, J. A. Jones, F. J. Swanson, T.

Turrentine, and T. C. Winter. 2003. Road Ecology. Island Press, Covello, California.

Gelb, Y. and N. Delacretaz. 2009. Windows and vegetation: Primary factors in Manhattan bird collisions. Northeastern Naturalist 16:455-470.

Goddard, M.A., A. J. Dougill, and T. G. Benton. 2009. Scaling up from gardens:
biodiversity conservation in urban environments. Trends in Ecology and Evolution 25:90-98. doi:10.1016/j.tree.2009.07.016
Gomez-Moreno, V. del C., J. R. Herrera-Herrera, and S. Nino-Maldonado. 2018. Bird collisions in windows of Centro Universitario Victoria, Tamaulipas, Mexico. Huitzil, 29 Item 2C - Page 116
Revista Mexicana de Ornitologfa 19(2): 227-236. https://doi.org/10.28947/ hrmo.2018.19.2.347
Hager, S. B., H. Trudell, K. J. McKay, S. M. Crandall, and L. Mayer. 2008. Bird density and mortality at windows. Wilson Journal of Ornithology 120:550-564.

Hager S. B., B. J. Cosentino, K J. McKay, C. Monson, W. Zuurdeeg, and B. Blevins. 2013.

Window area and development drive spatial variation in bird-window collisions in an urban landscape. PLoS ONE 8(1): e53371. doi:10.1371/journal.pone.0053371 Hall, L. S., P.R. Krausman, and M. L. Morrison. 1997. "The habitat concept and a plea for standard terminology." Wildlife Society Bulletin 25:173-82.

Johnson, R. E., and G. E. Hudson. 1976. Bird mortality at a glassed-in walkway in Washington State. Western Birds 7:99-107.

Kahle, L. Q., M. E. Flannery, and J.P. Dumbacher. 2016. Bird-window collisions at a west-coast urban park museum: analyses of bird biology and window attributes from Golden Gate Park, San Francisco. PLoS ONE 11(1):e144600 DOI

10.1371/journal. pone.0144600.

Klem, D., Jr. 1989. Bird-window collisions. Wilson Bulletin 101:606-620.

Klem, D., Jr. 1990. Collisions between birds and windows: mortality and prevention.

Journal of Field Ornithology 61:120-128.

Klem, D., Jr. 2009. Preventing bird-window collisions. The Wilson Journal of Ornithology 121:314-321.

Klem, D., Jr. 2010. Avian mortality at windows: the second largest human source of bird mortality on earth. Pages 244-251 in Proc. Fourth Int. Partners in Flight Conference: Tundra to Tropics.

Klem, D., Jr. 2011. Evaluating the effectiveness of Acopian Birdsavers to deter or prevent bird-glass collisions. Unpublished report.

Klem, D., Jr. and P. G. Saenger. 2013. Evaluating the effectiveness of select visual signals to prevent bird-window collisions. The Wilson Journal of Ornithology 125:406-411.

Klem, D. Jr., C. J. Farmer, N. Delacretaz, Y. Gelb and P. G. Saenger. 2009.

Architectural and Landscape Risk Factors Associated with Bird-Glass Collisions in an Urban Environment. Wilson Journal of Ornithology 121:126-134.

Kunz, T. H., S. A. Gauthreaux Jr., N. I. Hristov, J. W. Horn, G. Jones, E. K. V. Kalko, R.

P. Larkin, G. F. McCracken, S. M. Swartz, R. B. Srygley, R. Dudley, J. K. Westbrook, 30 Item 2C - Page 117
and M. Wikelski. 2008. Aeroecology: probing and modelling the aerosphere.

Integrative and Comparative Biology 48:1-11. doi:10.1093/icb/icno37 Lerman, S. B. and P. S. Warren. 2011. The conservation value of residential yards:
linking birds and people. Ecological Applications 21:1327-1339.

Loss, S. R., T. Will, S.S. Loss, and P. P. Marra. 2014. Bird-building collisions in the United States: Estimates of annual mortality and species vulnerability. The Condor:

Ornithological Applications 116:8-23. DOI: 10.1650/CONDOR-13-090.1 Loss, S. R., T. Will, and P. P. Marra. 2014. Estimation of bird-vehicle collision mortality on U.S. roads. Journal of Wildlife Management 78:763-771.

Loss, S. R., S. Lao, J. W. Eckles, A. W. Anderson, R. B. Blair, and R. J. Turner. 2019.

Factors influencing bird-building collisions in the downtown area of a major North American city. PLoS ONE 14(11): eo224164. https://doi.org/10.1371/journal. pone.0224164
Machtans, C. S., C. H. R. Wedeles, and E. M. Bayne. 2013. A first estimate for Canada of the number of birds killed by colliding with building windows. Avian Conservation and Ecology 8(2):6. http://dx.doi.org/lo.57.51/ACE-oo.568-080206 Mccrary, M. D., R. L. McKernan, R. E. Landry, W. D. Wagner, and R. W. Schreiber. 1982. Nocturnal avian migration assessment of the San Gorgonio Wind Resource Study Area, Spring 1982. Report to Southern California Edison Company, Rosemead, CA.

Mendelsohn, M., W. Dexter, E. Olson, and S. Weber. 2009. Vasco Road wildlife movement study report. Report to Contra Costa County Public Works Department, Martinez, California.

Narango, D. L., D. W. Tallamy, and P. P. Marra. 2017. Native plants improve breeding and foraging habitat for an insectivorous bird. Biological Conservation 213:42-50.

Ocampo-Pefiuela, N., R. S. Winton, C. J. Wu, E. Zambello, T. W. Wittig and N. L. Cagle. 2016. Patterns of bird-window collisions inform mitigation on a university campus.

PeerJ4:e1652;DOho.7717/peerj.1652
O'Connell, T. J. 2001. Avian window strike mortality at a suburban office park. The Raven 72:141-149.

Orff, K., H. Brown, S. Caputo, E. J. McAdams, M. Fowle, G. Phillips, C. DeWitt, and Y.

Gelb. 2007. Bird-safe buildings guidelines. New York City Audubon, New York.

Parkins, K. L., S. B. Elbin, and E. Barnes. 2015. Light, glass, and bird-building collisions in an urban park. Northeastern Naturalist 22:84-94.
31 Item 2C - Page 118
Porter, A., and A. Huang. 2015. Bird collisions with glass: UBC pilot project to assess bird collision rates in Western North America. UBC Social Ecological Economic Development Studies (SEEDS) Student Report. Report to Environment Canada, UBC SEEDS and UBC BRITE.

Riding, C. S., T. J. O'Connell, and S. R. Loss. 2020. Building fac;ade-level correlates of bird-window collisions in a small urban area. The Condor: Ornithological Applications 122:1-14.

Riggs, G. J., C. M. Barton, C. S. Riding, T. J. O'Connelh, and S. R. Loss. 2023.

Field-testing effectiveness of window markers in reducing bird-window collisions.

Urban Ecosystems 26:713-723. https://doi.org/10.1007/s11252-022-01304-w Rossler, M., E. Nemeth, and A. Bruckner. 2015. Glass pane markings to prevent birdwindow collisions: less can be more. Biologia 70: 535-541. DOI: 10.1515/biolog2015-0057 Sabo, A. M., N. D. G. Hagemeyer, A. S. Lahey, and E. L. Walters. 2016. Local avian density influences risk of mortality from window strikes. PeerJ 4:e2170; DOI

10.7717/peerj.2170
San Francisco Planning Department. 2011. Standards for bird-safe buildings. San Francisco Planning Department, City and County of San Francisco, California.

Santos, S. M., F. Carvalho, and A. Mira. 2011. How long do the dead survive on the road? Carcass persistence probability and implications for road-kill monitoring surveys.

PLoS ONE 6(9): e25383. doi:10.1371/journal.pone.0025383 Schneider, R. M., C. M. Barton, K. W. Zirkle, C. F. Greene, and K. B. Newman. 2018.

Year-round monitoring reveals prevalence of fatal bird-window collisions at the Virginia Tech Corporate Research Center. PeerJ 6:~562 https://doi.org/10.7717/ peerj.4562
Sheppard, C., and G. Phillips. 2015. Bird-friendly building design, 2nd Ed., American Bird Conservancy, The Plains, Virginia.

Shuford, W. D., and T. Gardali, [eds.]. 2008. California bird species of special concern: a ranked assessment of species, subspecies, and distinct populations of birds of immediate conservation concern in California. Studies of Western Birds 1. Western Field Ornithologists, Camarillo, California.

Somerlot, K. E. 2003. Survey of songbird mortality due to window collisions on the Murray State University campus. Journal of Service Learning in Conservation Biology 1:1-19.

Smallwood, K.S. 2002. Habitat models based on numerical comparisons. Pages 83-95 in Predicting species occurrences: Issues of scale and accuracy, J.M. Scott, P. J. 32 Item 2C - Page 119
Heglund, M. Morrison, M. Raphael, J. Haufler, and B. Wall, editors. Island Press, Covello, California.

Smallwood, N.L. and E.M. Wood. 2022. The ecological role of native plant landscaping in residential yards to urban wildlife. Ecosphere 2022;e4360.

Swaddle, J. P., B. Brewster, M. Schuyler, and A. Su. 2023. Window films increase avoidance of collisions by birds but only when applied to external compared with internal surfaces of windows. PeerJ 11:e14676 http://doi.org/lo.7717/peerj.14676 Tallamy, D.W. 2020. Nature's Best Hope: A New Approach to Conservation that Starts in Your Yard. Timber Press.

Van Doren, B. M., D. E. Willardb, M. Hennenb, K. G. Hortonc, E. F. Stubera, D.

Sheldond, A. H. Sivakumare, J. Wanga, A. Farnswortha, and B. M. Winger. 2021.

Drivers of fatal bird collisions in an urban center. Proceedings of the National Academy of Sciences 118 (24). e2101666118
Wood, E. M., and S. Esaian. 2020. The importance of street trees to urban avifauna.

Ecological Applications. o:eo2149.

Mourning dove on
the project site, 15
February 2025.

Photo by Noriko
Smallwood.
33 Item 2C - Page 120
1 Kenneth Shawn Smallwood
Curriculum Vitae
3108 Finch Street Born May 3, 1963 in
Davis, CA 95616 Sacramento, California.

Phone (530) 756-4598 Married, father of two.

Cell (530) 601-6857
[email protected]
Ecologist
Expertise
Finding solutions to controversial problems related to wildlife interactions with human industry, infrastructure, and activities;
Wildlife monitoring and field study using GPS, thermal imaging, behavior surveys; Using systems analysis and experimental design principles to identify meaningful ecological patterns that inform management decisions.

Education
Ph.D. Ecology, University of California, Davis. September 1990.

M.S. Ecology, University of California, Davis. June 1987.

B.S. Anthropology, University of California, Davis. June 1985.

Corcoran High School, Corcoran, California. June 1981.

Experience
762 professional reports, including:
90 peer reviewed publications
24 in non-reviewed proceedings
646 reports, declarations, posters and book reviews
8 in mass media outlets
92 public presentations of research results
Editing for scientific journals: Guest Editor, Wildlife Society Bulletin, 2012-2013, of invited papers representing international views on the impacts of wind energy on wildlife and how to mitigate the impacts. Associate Editor, Journal of Wildlife Management, March 2004 to 30 June 2007.

Editorial Board Member, Environmental Management, 10/1999 to 8/2004. Associate Editor, Biological Conservation, 9/1994 to 9/1995.

Member, Alameda County Scientific Review Committee (SRC), August 2006 to April 2011. The five-member committee investigated causes of bird and bat collisions in the Altamont Pass Wind Resource Area, and recommended mitigation and monitoring measures. The SRC reviewed the science underlying the Alameda County Avian Protection Program, and advised •
•
•
•
•
•
•
•
•
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Smallwood CV 2
the County on how to reduce wildlife fatalities.

Consulting Ecologist, 2004-2007, California Energy Commission (CEC). Provided consulting services as needed to the CEC on renewable energy impacts, monitoring and research, and produced several reports. Also collaborated with Lawrence-Livermore National Lab on research to understand and reduce wind turbine impacts on wildlife.

Consulting Ecologist, 1999-2013, U.S. Navy. Performed endangered species surveys, hazardous waste site monitoring, and habitat restoration for the endangered San Joaquin kangaroo rat, California tiger salamander, California red-legged frog, California clapper rail, western burrowing owl, salt marsh harvest mouse, and other species at Naval Air Station Lemoore; Naval Weapons Station, Seal Beach, Detachment Concord; Naval Security Group Activity, Skaggs Island; National Radio Transmitter Facility, Dixon; and, Naval Outlying Landing Field Imperial Beach.

Part-time Lecturer, 1998-2005, California State University, Sacramento. Instructed Mammalogy, Behavioral Ecology, and Ornithology Lab, Contemporary Environmental Issues, Natural Resources Conservation.

Senior Ecologist, 1999-2005, BioResource Consultants. Designed and implemented research and monitoring studies related to avian fatalities at wind turbines, avian electrocutions on electric distribution poles across California, and avian fatalities at transmission lines.

Chairman, Conservation Affairs Committee, The Wildlife Society--Western Section, 1999-2001.

Prepared position statements and led efforts directed toward conservation issues, including travel to Washington, D.C. to lobby Congress for more wildlife conservation funding.

Systems Ecologist, 1995-2000, Institute for Sustainable Development. Headed integrated resources management. Developed indicators of ecological integrity for large areas, using remotely sensed data, local community involvement and GIS.

Associate, 1997-1998, Department of Agronomy and Range Science, University of California, Davis. Worked with Shu Geng and Mingua Zhang on several studies related to wildlife interactions with agriculture and patterns of fertilizer and pesticide residues in groundwater across a large landscape.

Lead Scientist, 1996-1999, National Endangered Species Network. Informed academic scientists and environmental activists about emerging issues regarding the Endangered Species Act and other environmental laws. Testified at public hearings on endangered species issues.

Ecologist, 1997-1998, Western Foundation of Vertebrate Zoology. Conducted field research to determine the impact of past mercury mining on the status of California red-legged frogs in Santa Clara County, California.

Senior Systems Ecologist, 1994-1995, EIP Associates, Sacramento, California. Provided consulting services in environmental planning, and quantitative assessment of land units for their conservation and restoration opportunities basedon ecological resource requirements of 29 special-status species. Developed ecological indicators for prioritizing areas within Yolo County ISD's program on
Item 2C - Page 122
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to receive mitigation funds for habitat easements and restoration.

Post-Graduate Researcher, 1990-1994, Department of Agronomy and Range Science, U.C. Davis. Under Dr. Shu Geng mentorship, studied landscape and management effects on temporal and spatial patterns of abundance among pocket gophers and species of Falconiformes and Carnivora in the Sacramento Valley. Managed and analyzed a data base of energy use in California agriculture. Assisted with landscape (GIS) study of groundwater contamination across Tulare County, California.

Work experience in graduate school: Co-taught Conservation Biology with Dr. Christine Schonewald, 1991 & 1993, UC Davis Graduate Group in Ecology; Reader for Dr. Richard Coss Psychobiology in 1990, UC Davis Department of Psychology; Research Assistant to Dr. Walter E. Howard, 1988-1990, UC Davis Department of Wildlife and Fisheries Biology, testing durable baits for pocket gopher management in forest clearcuts; Research Assistant to Dr. Terrell P. Salmon, 1987-1988, UC Wildlife Extension, Department of Wildlife and Fisheries Biology, developing empirical models of mammal and bird invasions in North America, and a rating system for priority research and control of exotic species based on economic, environmental and human health hazards in California. Student Assistant to Dr. E.

Lee Fitzhugh, 1985-1987, UC Cooperative Extension, Department of Wildlife and Fisheries Biology, developing and implementing statewide mountain lion track count for long-term monitoring.

Fulbright Research Fellow, Indonesia, 1988. Tested use of new sampling methods for numerical monitoring of Sumatran tiger and six other species of endemic felids, and evaluated methods used by other researchers.

Projects
Repowering wind energy projects through careful siting of new wind turbines using map-based collision hazard models to minimize impacts to volant wildlife. Funded by wind companies (principally NextEra Renewable Energy, Inc.), California Energy Commission and East Bay Regional Park District, I have collaborated with a GIS analyst and managed a crew of five field biologists performing golden eagle behavior surveys and nocturnal surveys on bats and owls. The goal is to quantify flight patterns for development of predictive models to more carefully site new wind turbines in repowering projects. Focused behavior surveys began May 2012 and continue.

Collision hazard models have been prepared for seven wind projects, three of which were built.

Planning for additional repowering projects is underway.

Test avian safety of new mixer-ejector wind turbine (MEWT). Designed and implemented a beforeafter, control-impact experimental design to test the avian safety of a new, shrouded wind turbine developed by Ogin Inc. (formerly known as FloDesign Wind Turbine Corporation). Supported by a Research program
and a 20% match share contribution from Ogin, I managed a crew of seven field biologists who performed periodic fatality searches and behavior surveys, carcass detection trials, nocturnal behavior surveys using a thermal camera, and spatial analyses with the collaboration of a GIS analyst. Field work began 1 April 2012 and ended 30 March 2015 without Ogin installing its MEWTs, but we still achieved multiple important scientific advances. 's
's course on
$718,000 grant from the California Energy Commission's Public Interest Energy Item 2C - Page 123
Smallwood CV 4
Reduce avian mortality due to wind turbines at Altamont Pass. Studied wildlife impacts caused by 5,400 wind turbines notorious wind resource area. Studied how impacts are perceived by monitoring and how they are affected by terrain, wind patterns, food resources, range management practices, wind turbine operations, seasonal patterns, population cycles, infrastructure management such as electric distribution, animal behavior and social interactions.

Reduce avian mortality on electric distribution poles. Directed research toward reducing bird electrocutions on electric distribution poles, 2000-2007. Oversaw 5 founds of fatality searches at 10,000 poles from Orange County to Glenn County, California, and produced two large reports.

Cook et al. v. Rockwell International et al., No. 90-K-181 (D. Colorado). Provided expert testimony on the role of burrowing animals in affecting the fate of buried and surface-deposited radioactive and hazardous chemical wastes at the Rocky Flats Plant, Colorado. Provided expert reports based on four site visits and an extensive document review of burrowing animals. Conducted transect surveys for evidence of burrowing animals and other wildlife on and around waste facilities.

Discovered substantial intrusion of waste structures by burrowing animals. I testified in federal court in November 2005, and my clients were subsequently awarded a $553,000,000 judgment by a jury. After appeals the award was increased to two billion dollars.

Hanford Nuclear Reservation Litigation. Provided expert testimony on the role of burrowing animals in affecting the fate of buried radioactive wastes at the Hanford Nuclear Reservation, Washington. Provided three expert reports based on three site visits and extensive document review.

Predicted and verified a certain population density of pocket gophers on buried waste structures, as well as incidence of radionuclide contamination in body tissue. Conducted transect surveys for evidence of burrowing animals and other wildlife on and around waste facilities. Discovered substantial intrusion of waste structures by burrowing animals.

Expert testimony and declarations on proposed residential and commercial developments, gas-fired power plants, wind, solar and geothermal projects, water transfers and water transfer delivery systems, endangered species recovery plans, Habitat Conservation Plans and Natural Communities Conservation Programs. Testified before multiple government agencies, Tribunals, Boards of Supervisors and City Councils, and participated with press conferences and depositions. Prepared expert witness reports and court declarations, which are summarized under Reports (below).

Protocol-level surveys for special-status species. Used California Department of Fish and Wildlife and US Fish and Wildlife Service protocols to search for California red-legged frog, California tiger salamander, arroyo southwestern toad, blunt-nosed leopard lizard, western pond turtle, giant kangaroo rat, San Joaquin kangaroo rat, San Joaquin kit fox, western burrowing owl, Swains hawk, Valley elderberry longhorn beetle and other special-status species.

Conservation of San Joaquin kangaroo rat. Performed research to identify factors responsible for the decline of this endangered species at Lemoore Naval Air Station, 2000-2013, and implemented habitat enhancements designed to reverse the trend and expand the population.

Impact of West Nile Virus on yellow-billed magpies. Funded by Sacramento-Yolo Mosquito and Vector Control District, 2005-2008, compared survey results pre- and post-West Nile Virus epidemic for multiple bird species in the Sacramento Valley, particularly on yellow-billed magpie and American crow due to susceptibility to WNV.
at the world's most
on's
Item 2C - Page 124
Smallwood CV 5
Workshops on HCPs. Assisted Dr. Michael Morrison with organizing and conducting a 2-day workshop on Habitat Conservation Plans, sponsored by Southern California Edison, and another 1- day workshop sponsored by PG&E. These Workshops were attended by academics, attorneys, and consultants with HCP experience. We guest-edited a Proceedings published in Environmental Management.

Mapping of biological resources along Highways 101, 46 and 41. Used GPS and GIS to delineate vegetation complexes and locations of special-status species along 26 miles of highway in San Luis Obispo County, 14 miles of highway and roadway in Monterey County, and in a large area north of Fresno, including within reclaimed gravel mining pits.

GPS mapping and monitoring at restoration sites and at Caltrans mitigation sites. Monitored the success of elderberry shrubs at one location, the success of willows at another location, and the response of wildlife to the succession of vegetation at both sites. Also used GPS to monitor the response of fossorial animals to yellow star-thistle eradication and natural grassland restoration efforts at Bear Valley in Colusa County and at the decommissioned Mather Air Force Base in Sacramento County.

Mercury effects on Red-legged Frog. Assisted Dr. Michael Morrison and US Fish and Wildlife Service in assessing the possible impacts of historical mercury mining on the federally listed California red-legged frog in Santa Clara County. Also measured habitat variables in streams.

Opposition to proposed No Surprises rule. Wrote a white paper and summary letter explaining scientific grounds for opposing the incidental take permit (ITP) rules providing ITP applicants and holders with general assurances they will be free of compliance with the Endangered Species Act Submitted 188 signatures of
scientists and environmental professionals concerned about No Surprises rule US Fish and Wildlife Service, National Marine Fisheries Service, all US Senators.

Natomas Basin Habitat Conservation Plan alternative. Designed narrow channel marsh to increase the likelihood of survival a
Valley Elderberry Longhorn Beetle. The design included replication and interspersion of treatments for experimental testing of critical habitat elements. I provided a report to Northern Territories, Inc.

Assessments of agricultural production system and environmental technology transfer to China.

Twice visited China and interviewed scientists, industrialists, agriculturalists, and the Directors of the Chinese Environmental Protection Agency and the Department of Agriculture to assess the need and possible pathways for environmental clean-up technologies and trade opportunities between the US and China.

Yolo County Habitat Conservation Plan. Conducted landscape ecology study of Yolo County to spatially prioritize allocation of mitigation efforts to improve ecosystem functionality within the County from the perspective of 29 special-status species of wildlife and plants. Used a hierarchically structured indicators approach to apply principles of landscape and ecosystem ecology, conservation biology, and local values in rating land units. Derived GIS maps to help guide the conservation area design, and then developed implementation strategies. once they adhere to the terms of a "properly functioning HCP." nd recovery in the wild of giant garter snake, Swainson' s hawk and Item 2C - Page 125
Smallwood CV 6
Mountain lion track count. Developed and conducted a carnivore monitoring program throughout California since 1985. Species counted include mountain lion, bobcat, black bear, coyote, red and gray fox, raccoon, striped skunk, badger, and black-tailed deer. Vegetation and land use are also monitored. Track survey transect was established on dusty, dirt roads within randomly selected quadrats.

Sumatran tiger and other felids. Upon award of Fulbright Research Fellowship, I designed and initiated track counts for seven species of wild cats in Sumatra, including Sumatran tiger, fishing cat, and golden cat. Spent four months on Sumatra and Java in 1988, and learned Bahasa Indonesia, the official Indonesian language.

Wildlife in agriculture. Beginning as post-graduate research, I studied pocket gophers and other wildlife in 40 alfalfa fields throughout the Sacramento Valley, and I surveyed for wildlife along a 200 mile road transect since 1989 with a hiatus of 1996-2004. The data are analyzed using GIS and methods from landscape ecology, and the results published and presented orally to farming groups in California and elsewhere. I also conducted the first study of wildlife in cover crops used on vineyards and orchards.

Agricultural energy use and Tulare County groundwater study. Developed and analyzed a data base of energy use in California agriculture, and collaborated on a landscape (GIS) study of groundwater contamination across Tulare County, California.

Pocket gopher damage in forest clear-cuts. Developed gopher sampling methods and tested various poison baits and baiting regimes in the largest-ever field study of pocket gopher management in forest plantations, involving 68 research plots in 55 clear-cuts among 6 National Forests in northern California.

Risk assessment of exotic species in North America. Developed empirical models of mammal and bird species invasions in North America, as well as a rating system for assigning priority research and control to exotic species in California, based on economic, environmental, and human health hazards.

Peer Reviewed Publications
Smallwood, K. S. 2022. Utility-scale solar impacts to volant wildlife. Journal of Wildlife Management: e22216. https://doi.org/10.1002/jwmg.22216
Smallwood, K. S., and N. L. Smallwood. 2021. Breeding Density and Collision Mortality of Loggerhead Shrike (Lanius ludovicianus) in the Altamont Pass Wind Resource Area. Diversity 13, 540. https://doi.org/10.3390/d13110540. Smallwood, K. S. 2020. USA wind energy-caused bat fatalities increase with shorter fatality search intervals. Diversity 12(98); https://doi.org/10.3390/d12030098 Smallwood, K. S., D. A. Bell, and S. Standish. 2020. Dogs detect larger wind energy impacts on bats and birds. Journal of Wildlife Management 84:852-864. DOI: 10.1002/jwmg.21863. Smallwood, K. S., and D. A. Bell. 2020. Relating bat passage rates to wind turbine fatalities.

Item 2C - Page 126
Smallwood CV 7
Diversity 12(84); doi:10.3390/d12020084.

Smallwood, K. S., and D. A. Bell. 2020. Effects of wind turbine curtailment on bird and bat fatalities. Journal of Wildlife Management 84:684-696. DOI: 10.1002/jwmg.21844 Kitano, M., M. Ino, K. S. Smallwood, and S. Shiraki. 2020. Seasonal difference in carcass persistence rates at wind farms with snow, Hokkaido, Japan. Ornithological Science 19: 63

71. Smallwood, K. S. and M. L. Morrison. 2018. Nest-site selection in a high-density colony of burrowing owls. Journal of Raptor Research 52:454-470.

Smallwood, K. S., D. A. Bell, E. L. Walther, E. Leyvas, S. Standish, J. Mount, B. Karas. 2018.

Estimating wind turbine fatalities using integrated detection trials. Journal of Wildlife Management 82:1169-1184.

Smallwood, K. S. 2017. Long search intervals under-estimate bird and bat fatalities caused by wind turbines. Wildlife Society Bulletin 41:224-230.

Smallwood, K. S. 2017. The challenges of addressing wildlife impacts when repowering wind energy projects. Pages 175-187 in Köppel, J., Editor, Wind Energy and Wildlife Impacts:

Proceedings from the CWW2015 Conference. Springer. Cham, Switzerland.

May, R., Gill, A. B., Köppel, J. Langston, R. H.W., Reichenbach, M., Scheidat, M., Smallwood, S., Voigt, C. C., Hüppop, O., and Portman, M. 2017. Future research directions to reconcile wind turbine wildlife interactions. Pages 255-276 in Köppel, J., Editor, Wind Energy and Wildlife Impacts: Proceedings from the CWW2015 Conference. Springer. Cham, Switzerland.

Smallwood, K. S. 2017. Monitoring birds. M. Perrow, Ed., Wildlife and Wind Farms - Conflicts and Solutions, Volume 2. Pelagic Publishing, Exeter, United Kingdom. www.bit.ly/2v3cR9Q Smallwood, K. S., L. Neher, and D. A. Bell. 2017. Turbine siting for raptors: an example from Repowering of the Altamont Pass Wind Resource Area. M. Perrow, Ed., Wildlife and Wind Farms - Conflicts and Solutions, Volume 2. Pelagic Publishing, Exeter, United Kingdom. www.bit.ly/2v3cR9Q
Johnson, D. H., S. R. Loss, K. S. Smallwood, W. P. Erickson. 2016. Avian fatalities at wind energy facilities in North America: A comparison of recent approaches. Human Wildlife Interactions 10(1):7-18.

Sadar, M. J., D. S.-M. Guzman, A. Mete, J. Foley, N. Stephenson, K. H. Rogers, C. Grosset, K. S.

Smallwood, J. Shipman, A. Wells, S. D. White, D. A. Bell, and M. G. Hawkins. 2015. Mange Caused by a novel Micnemidocoptes mite in a Golden Eagle (Aquila chrysaetos). Journal of Avian Medicine and Surgery 29(3):231-237.

Smallwood, K. S. 2015. Habitat fragmentation and corridors. Pages 84-101 in M. L. Morrison and H. A. Mathewson, Eds., Wildlife habitat conservation: concepts, challenges, and solutions.

John Hopkins University Press, Baltimore, Maryland, USA.

Item 2C - Page 127

EXHIBIT C
Item 2C - Page 128
Exhibit
February 20, 2025
Richard Drury, Attorney at Law
Lozeau Drury LLP
1939 Harrison Street, Suite 150
Oakland, CA 94612
SUBJECT: Nexus Hotel and Residential Project - Transportation Issues and Deficiencies
Dear Mr. Drury:

As requested, Tom Brohard, P.E. , has reviewed the January 6, 2025, Initial Study/Mitigated Negative Declaration (MND) for the Proposed Nexus Hotel and Residential Project in the City of Palm Springs. I have focused on the September 12, 2024 Traffic Analysis for the Palm Springs Hotel and Residences Project prepared by Urban Crossroads, as well as their June 24, 2024 Vehicle Miles Traveled (VMT) Analysis for this Project. I have also reviewed the July 2020 City of Palm Springs Traffic Impact Analysis Guidelines prepared by Fehr & Peers. On February 6, 2025, I also conducted a field review of existing conditions at and adjacent to the Project site.

The Project Description on Page 5 of the MND begins by stating "The existing parking lot on the site will be demolished, and the 5 acres of asphalt and concrete removed prior to the initiation of construction activities.

Demolition and construction are estimated to require approximately 18 months in a single phase." The removal of the parking lot is clearly the first activity that will occur as part of the Project. Construction of the Project could not occur without the removal of the parking lot which results in the loss of its 700 parking spaces. The VMT Analysis and the MND fail to evaluate the displaced' parking issue and further study is required as discussed below.

The Project will completely eliminate the 700 parking spaces that presently cover the entire hotel and residential site. The existing, fully improved parking lot to be removed provides over 40% of the 1,700 off-street parking spaces that support Convention Center events, and it also provides overflow parking for the adjacent Palm Springs Renaissance and Palm Springs Hilton Hotels.

Events at the Convention Center range widely in attendance and in thQ associated amount of parking that is generated. During my field review, the California Automatic Fire Alarm Association's annual one-day conference on February 6, 2025 generated 100 parked vehicles in the existing parking lot that will be removed. The manager of events at the Convention Center told me that 25,000 cheerleaders attended their gathering held at the Convention Center during the prior weekend and that all 1,700 parking spaces were fully utilized in both of the off-street parking lots that serve the Convention Center. 81905 Mountain View Lane, La Quinta, California 92253-7611 Phone (760) 398-8885
Email [email protected]
Item 2C - Page 129
Mr. Richard Drury, Attorney at Law
Nexus Hotel and Residential Project - Transportation Issues/Deficiencies February 20, 2025
Major events at the Convention Center include the Palm Springs International Film Festival that occurs annually in early January as well as many other events during the year(see https://visitpalmsprings.com ).

When the existing parking lot is removed as the first order of construction of the Project, all vehicle parking for the Convention Center will be forced into the large parking lot to the east instead of being shared with the smaller parking lot to the west. This will increase VMT for the overall Project when the parking lot demolition is carefully considered, not less as is purported in the VMT analysis. Increased VMT requires further study, and appropriate and enforceable mitigation measures must be provided, and enforced.

Page 7 ends

site for its 257 new residential and hotel units as well as an additional 100 valet parking spaces for the proposed restaurant and for public use. As discussed below, there are a number of transportation issues associated with vehicle access to and from both the five-level parking structure as well as the underground garage. The few valet parking spaces for the public are grossly insufficient to accommodate convenient parking for even minor events at the adjacent Convention Center.

In addition to the Nexus Hotel and Residential Project's significant impact on the available parking supply for the Palm Springs Convention Center and the adjacent Palm Springs Renaissance and the Hilton Hotels, this letter points out various other issues and deficiencies in the MND. Each of these must be addressed through further study and analysis before this Project receives further consideration by City of Palm Springs decision makers.

Education and Experience
Since receiving a Bachelor of Science in Engineering from Duke University in Durham, North Carolina in 1969, I have gained over 55 years of professional traffic engineering and transportation planning experience. I am licensed as a Professional Civil Engineer both in California and Hawaii and as a Professional Traffic Engineer in California. I formed Tom Brohard and Associates in 2000 and have served many diverse communities as the City Traffic Engineer and/or the Transportation Planner. During my career in both the public and private sectors, I have reviewed numerous environmental documents and traffic studies for various projects as shown in a brief summary of my experience in the enclosed resume.

Transportation Issues and Deficiencies in the MND
The Nexus Hotel and Residential Project being considered adjacent to the Palm Springs Convention Center involves the demolition of a fully improved 2 Item 2C - Page 130
Mr. Richard Drury, Attorney at Law
Nexus Hotel and Residential Project - Transportation Issues/Deficiencies February 20, 2025
parking lot with 700 spaces to allow construction of 125 hotel rooms, 132 residential condominium units, a 6,000 square foot restaurant, and 500 parking spaces. The January 6, 2025 MND relies upon the September 12, 2024 Traffic Analysis as well as a June 24, 2024 Memorandum regarding VMT with both technical documents prepared by Urban Crossroads. I have compared both of these documents to the July 2020 City of Palm Springs Traffic Impact Analysis Guidelines (TIA Guidelines) and have identified the following transportation issues, inconsistencies, and deficiencies:
1) Revised Scoping Form Does Not Show City Approval - Page 6 of the TIA Guidelines states " ... the applicant submit and have approved a scoping form prior to the preparation and submittal of a draft TIA." Appendix 1.1 of the TIA provides an April 11 , 2024 Memo with a revised traffic study scoping agreement in response to the City's December 12, 2023 comments on a "Trip Generation Assessment." There is no indication that the revised TIA Scoping Agreement was accepted and approved by the City, or that it fully addressed the City's December 12, 2023 comments. 2) Project Access Description Is Incorrect - In describing the existing streets at the site, Page 4 of the MND incorrectly states "Alley ways border the site on its south and east sides." While these alleys are proposed to be constructed as part of the Project, Page 11 of the MND clearly shows that these alleys do not exist today along both the east and south sides of the Project site. The north-south alley along the east side of the site is currently unimproved and has a dirt surface. It is also about 4 feet above the existing alley to the south and it is physically separated from the Project site by a 4-foot-tall concrete block wall. Also as shown on Page 11, there is an east-west alley within the private property to the south of the site, but it too is physically separated from the site by a 4-foot-tall concrete block wall that is several feet below the existing parking lot on the Project site. Access to these adjacent alleys would greatly improve circulation for the Project, but this would require significant grading, reconstruction, and does not appear feasible.
3) Site Access Has Not Been Analyzed - Page 18 of the City's TIA Guidelines states "A project's TIA should analyze access and safety around the project and on adjacent streets." There are a number of access and circulation issues that will create safety issues on the perimeter streets and within the site that are associated with the site plan that must be addressed as follows:
a) Primary Garage - Access Issues - Four hundred (400) parking spaces are proposed in the five-level primary parking garage that is remotely located at the southeast corner of the site. Access to the garage is proposed from new 24' wide alleys through a two-way driveway about 3 Item 2C - Page 131
Mr. Richard Drury, Attorney at Law
Nexus Hotel and Residential Project - Transportation Issues/Deficiencies February 20, 2025
150 feet south of Andreas Road and a second two-way driveway just around a corner on another alley. The primary garage will function very poorly based upon the many design deficiencies shown on the Project Site Plan of the Ground Level on Page 12 of the MND as follows:
i) The primary garage will be difficult to locate based upon its remote position in the southeast corner of the property.
ii) Neither of the two narrow access driveways have areas that could provide access control equipment or that could provide a throat to prevent entering traffic from queuing and blocking the alleys. iii) Neither of the driveways have radius curb returns to facilitate vehicle turns in to and out of the narrow alleys that provide access. iv) The inappropriately designed access driveways for the primary garage will require three-point turns for entry and for exit, creating congestion where the stopping sight distance is limited, and resulting in high risks of collisions.
b) Underground Garage - Access Issues - One hundred (100) parking spaces are proposed underground beneath the hotel in the north central portion of the site. Vehicle access will occur through a pair of two-way driveways on the south side of Andreas Road in the middle of the Project. The underground garage will function very poorly based upon the many design deficiencies shown on the Project Site Plan of the Ground Level on Page 12 of the MND as follows:
i) The driveway shows a 16% downgrade in to and out of the garage, a very steep slope for hotel guests and valets to negotiate. ii) A pair of two-way driveways provide access to the shared hotel and residential lobby, with the steep driveway to the underground garage just beyond a 90-degree curve with limited stopping sight distance.
iii) Another pair of two-way driveways provide access to the residential drop-off to the east which is isolated from and inconvenient to both parking garages.
iv) The internal connector for the on-site drive-through for the residences is too narrow and it will be blocked by parking on both sides of the internal connector.
4) Project VMT Incorrectly Excludes Elimination of Current Parking Lot - As indicated above, the Project will completely eliminate the 700 parking spaces that presently cover the entire hotel and residential site. This parking lot provides over 40% of the 1,700 off-street parking spaces that support Convention Center events. Removal of the parking lot is the first activity that will occur as part of the construction of the Project. The VMT 4 Item 2C - Page 132
Mr. Richard Drury, Attorney at Law
Nexus Hotel and Residential Project - Transportation Issues/Deficiencies February 20, 2025
Analysis and the MND fail to evaluate the displaced parking issue and further study with detailed evaluation is required as suggested below.

Events at the Convention Center range widely in attendance and in the amount of parking that is generated. During my recent field review, the California Automatic Fire Alarm Association annual one-day conference generated 120 parked vehicles in the existing west parking lot that will be removed. Parking also occurred on both sides of Andreas Road and there were only a very few vehicles parked in the large parking lot to the East.

The vehicle parking that I observed on February 6, 2025 was similar to the aerial photograph taken on November 30, 2023 that is shown in Exhibit 3 on Page 11 of the MND.

When construction of the Project begins, convenient vehicle parking for the Convention Center will shift into the large parking lot east of Avenida Caballeros and south of Amado Road. Additional VMT will be generated by the closure of the west parking lot when attending an event at the Convention Center. I used current Google Earth photos to measur.e distances as well as the same vehicle trip distribution as has been used in the Traffic Analysis for the Project. The trip distribution in the Traffic Analysis assigned 50% of the trips to/from the North, 30% of trips to/from the West, 10% of the trips to/from the East, and 10% of the trips to/from the South. The Project Trip Distribution shown on Exhibit 4-1 on Page 25 "From the Project" is the same as the Project Trip Distribution shown on Exhibit 4-2 on Page 26 "To the Project."
With the east parking lot being slightly north and east of the west parking lot, I reached the following conclusions:
a) Trips to/from the North - 50% of the trips to/from the North to the east parking lot will experience slightly longer trips.
b) Trips to/from the West - 30% of the trips to/from the West to the east parking lot will experience longer trips.
c) Trips to/from the South - 10% of the trips to/from the South to the east parking lot will experience longer trips.
d) Trips to/from the East - 10% of the trips to/from the East to the east parking lot will experience slightly shorter trips.

Each Convention Center oriented vehicle to/from the North, West, and South will relocate from the west parking lot to the east parking lot, 90% of the traffic in all. Increased distance will occur in their total round trip, and this will increase VMT for the overall Project. The parking lot demolition must be carefully considered as part of the Project, not less as is purported in the VMT analysis. The VMT analysis must be revised 5 Item 2C - Page 133
Mr. Richard Drury, Attorney at Law
Nexus Hotel and Residential Project - Transportation Issues/Deficiencies February 20, 2025
accordingly to reflect the removal of the existing parking lot on the Project site, and further mitigation measures are needed.
5) VMT Reduction Strategies Require Monitoring and Enforcement- Starting on Page 97, the MND states "The Project's resort hotel and residential component generated VMT per service population would exceed the City's impact threshold of 36.7 VMT per service population. Therefore, the Project would need to reduce its VMT impact by 1.5% to achieve a finding of less than significant in the baseline condition." Three VMT reduction strategies listed "could" achieve the necessary reduction listed are:
a) Commute Trip Reduction Plan - The MND states the following features (or similar alternatives) of the marketing strategy are essential for effectiveness:
i) Onsite or online commuter information services.
ii) Employee transportation coordinators.
iii) Onsite or online transit pass sales.
iv) Guaranteed ride home service.
b) End-of-trip Bicycle Facilities - The MND states this design feature to install and maintain bicycle facilities such as bike parking, bike lockers, showers, and personal lockers is expected to reduce VMT by 0.1 %. c) Unbundled Hotel Guest Parking - The MND states " ... all guests of the hotel will be required to self-park or valet park" although this strategy does not result in a quantifiable reduction in VMT.

Mitigation Measure TRANS.2 states " ... the Project is required to enforce the Commute Trip Reduction (CTR) Marketing strategy as described in the Handbook for Analyzing Greenhouse Gas Emission
Reductions ... (CAPCOA, 2021) because it will achieve a 3.6% reduction in VMT impacts, which exceeds the required 1.5% reduction. The hotel operator will submit a CTR marketing strategy to the City prior to receipt of a certificate of occupancy for the Project."
The VMT Analysis prepared for the Project repeats these statements, but it fails to provide a specific commute trip reduction plan with details of the marketing strategy. TRANS.2 also fails to include a regular routine monitoring plan with schedule for updates and reports, as well as specific penalties for non-compliance. Without these enforcement provisions, compliance with the plan will not be achieved.

While Page 99 of the MND also puts forth both "End-of-trip Bicycle Facilities" and "Unbundled Hotel Guest Parking", both of these potential strategies are then dismissed as part of Mitigation Measure TRANS.2 as 6 Item 2C - Page 134
Mr. Richard Drury, Attorney at Law
Nexus Hotel and Residential Project - Transportation Issues/Deficiencies February 20, 2025
being ineffective. It is unclear why these two strategies are even mentioned as they will not be used and are not effective, particularly bicycle commuting during the peak summer season between May and October when temperatures routinely exceed 11 O degrees every day.

Summary and Conclusions
As discussed in this letter, there are several transportation issues and deficiencies associated with the MND, and the supporting documents prepared for the Nexus Hotel and Residential Project. Most critically, the MND has failed to consider the various impacts pointed out in this letter of the removal of 700 parking spaces from the Project site as the first phase of construction. Project VMT will not be mitigated by the Commute Trip Reduction Marketing Plan to be developed but then not monitored or enforced. Furthermore, there are other transportation access issues associate with the Proposed Site Plan that require further study, analysis, and redesign.

If you have questions regarding these comments, please contact me at your convenience.

Respectfully submitted,
Tom Bro hard and Associates
Tom Brohard, PE
Principal
Enclosure
► Resume
7 Item 2C - Page 135
Licenses:

Education:

Experience:

Tom Brohard, PE
1975 / Professional Engineer/ California - Civil, No. 24577 1977 I Professional Engineer/ California - Traffic, No. 724 2006 I Professional Engineer/ Hawaii - Civil, No. 12321 1969 / BSE / Civil Engineering / Duke University
55+ Years
Memberships: 1977 I Institute of Transportation Engineers - Fellow, Life 1978 I Orange County Traffic Engineers Council - Chair 1982-1983 1981 / American Public Works Association - Life Member
Tom is a recognized expert in the field of traffic engineering and transportation planning. His background also includes responsibility for leading and managing the delivery of various contract services to numerous cities in Southern California.

Tom has extensive experience in providing transportation planning and traffic engineering services to public agencies. In addition to conducting traffic engineering investigations for Los Angeles County from 1972 to 1978, he has previously served as City Traffic Engineer in the following communities:
o Bellflower ... .................................................. 1997 - 1998 o Bell Gardens .......................................... ...... 1982 - 1995 o Big Bear Lake ... ............ ............ ............. 2006 - 2015 o .Indio ............................. ....................... 2005 - 2019 o Huntington Beach ........................................ 1998 - 2004 o Lawndale ............................................... ....... 1973 - 1978 o Los Alamitos ...... .... ............... ....................... 1981 - 1982 o Oceanside ......................... ........................... 1981 - 1982 o Paramount ............................................. ...... 1982 - 1988 o Rancho Palos Verdes ........ .......................... 1973 - 1978 o Rolling Hills .................................................. 1973 - 1978, 1985 - 1993 o Rolling Hills Estates ............ ............... .......... 1973 - 1978, 1984 - 1991 o San Fernando ........ ................... .. .... ....... 2004 - Present o San Marcos .................................................. 1981 o Santa Ana .................................................... 1978 - 1981 o Westlake Village .................. ................ ........ 1983 - 1994 D u ring t h ese assignme nts, Tom has s upe rvise d City s taff a nd directed other con s u ltants including traffic engineers and transportation planners, traffic signal and street lighting personnel, and signing, striping, and marking crews. He has secured over $10 million in grant funding for various improvements. He has managed and directed many traffic and transportation studies and projects. While serving these communities, he has personally conducted investigations of hundreds of citizen requests for various traffic control devices.

Tom has also successfully presented numerous engineering reports at City Council, Planning Commission, and Traffic Commission meetings in these and other municipalities.

Tom Brohard and Associates
Item 2C - Page 136
Tom Brohard, PE, Page 2
In his 14 years of service to the City of Indio, Tom accomplished the following:
❖ Oversaw preparation and adoption of the 2008 Circulation Element Update of the General Plan including development of Year 2035 buildout traffic volumes, revised and simplified arterial roadway cross sections, and reduction in acceptable Level of Service criteria under certain conditions.
❖ Oversaw preparation of fact sheets/design exceptions to reduce shoulder widths on Jackson Street and on Monroe Street over 1-10 as well as justifications for protectedpermissive left turn phasing at 1-10 on-ramps, the first such installations in Caltrans District 8 in Riverside County; reviewed plans and provided assistance during construction of both $2 million projects to install traffic signals and widen three of four ramps at these two interchanges under Caltrans encroachment permits. ❖ Reviewed traffic signal, signing, striping, and work area traffic control plans for the County's $45 million 1-10 Interchange Improvement Project at Jefferson Street. ❖ Reviewed traffic impact analyses for Project Study Reports evaluating different alternatives for buildout improvements of the 1-10 Interchanges at Jefferson Street, Monroe Street, Jackson Street and Golf Center Parkway.
❖ Oversaw preparation of plans, specifications, and contract documents and provided construction assistance for over 70 traffic signal installations and modifications. ❖ Reviewed and approved over 2,000 work area traffic control plans as well as signing and striping plans for all City and developer funded roadway improvement projects. ❖ Oversaw preparation of a City-wide traffic safety study of conditions at all schools. ❖ Obtained $47,000 grant from the California Office of Traffic Safety and implemented the City's Traffic Collision Database System. Annually reviews "Top 25" collision locations and provides traffic engineering recommendations to reduce collisions. ❖ Prepared over 1,500 work orders directing City forces to install, modify, and/or remove traffic signs, pavement and curb markings, and roadway striping. ❖ Oversaw preparation of engineering and traffic surveys to establish enforceable speed limits on over 500 street segments.
❖ Reviewed and approved traffic impact studies for more than 35 major projects and special events including the annual Coachella and Stagecoach Music Festivals. ❖ Developed and implemented the City's Golf Cart Transportation Program.

Since forming Tom Brohard and Associates in 2000, Tom has reviewed many traffic impact reports and environmental documents for various development projects. He has provided expert witness services and also prepared traffic studies for public agencies and private sector clients.

Tom Brohard and Associates
Item 2C - Page 137
1975 / Professional Engineer / California – Civil, No. 24577 1977 / Professional Engineer / California – Traffic, No. 724 2006 / Professional Engineer / Hawaii – Civil, No. 12321 1969 / BSE / Civil Engineering / Duke University
40+ Years
1977 / Institute of Transportation Engineers – Fellow, Life 1978 / Orange County Traffic Engineers Council - Chair 1982-1983 1981 / American Public Works Association – Life Member
Tom is a recognized expert in the field of traffic engineering and transportation planning.

His background also includes responsibility for leading and managing the delivery of various contract services to numerous cities in Southern California.

Tom has extensive experience in providing transportation planning and traffic engineering services to public agencies. Since May 2005, he has served as Consulting City Traffic Engineer for the City of Indio. He also currently provides “on call” Traffic and Transportation Engineer services to the Cities of Big Bear Lake, Mission Viejo, and San Fernando. In addition to conducting traffic engineering investigations for Los Angeles County from 1972 to 1978, he has previously served as City Traffic Engineer in the following communities:
o Bellflower..................................................... 1997 - 1998 o Bell Gardens................................................ 1982 - 1995 o Huntington Beach........................................ 1998 - 2004 o Lawndale..................................................... 1973 - 1978 o Los Alamitos................................................ 1981 - 1982 o Oceanside ................................................... 1981 - 1982 o Paramount................................................... 1982 - 1988 o Rancho Palos Verdes.................................. 1973 - 1978 o Rolling Hills.................................................. 1973 - 1978, 1985 - 1993 o Rolling Hills Estates..................................... 1973 - 1978, 1984 - 1991 o San Marcos ................................................. 1981 o Santa Ana.................................................... 1978 - 1981 o Westlake Village.......................................... 1983 - 1994 During these assignments, Tom has supervised City staff and directed other consultants including traffic engineers and transportation planners, traffic signal and street lighting personnel, and signing, striping, and marking crews. He has secured over $5 million in grant funding for various improvements. He has managed and directed many traffic and transportation studies and projects. While serving these communities, he has personally conducted investigations of hundreds of citizen requests for various traffic control devices.

Tom has also successfully presented numerous engineering reports at City Council, Planning Commission, and Traffic Commission meetings in these and other municipalities.

Tom Brohard, PE
Licenses:

Education:

Experience:

Memberships:

Tom Brohard and Associates
Item 2C - Page 138
In his service to the City of Indio since May 2005, Tom has accomplished the following:

Oversaw preparation and adoption of the Circulation Element Update of the General Plan including development of Year 2035 buildout traffic volumes, revised and simplified arterial roadway cross sections, and reduction in acceptable Level of Service criteria under certain constraints. Reviewed Riverside County’s updated traffic model for consistency with the adopted City of Indio Circulation Plan.

Oversaw preparation of fact sheets/design exceptions to reduce shoulder widths on Jackson Street over I-10 as well as justifications for protected-permissive left turn phasing at I-10 on-ramps, the first such installation in Caltrans District 8 in Riverside County; reviewed plans and provided assistance during construction of a $1.5 million project to install traffic signals and widen three of four ramps at the I-10/Jackson Street Interchange under a Caltrans encroachment permit.

Oversaw preparation of fact sheets/design exceptions to reduce shoulder widths on Monroe Street over I-10 as well as striping plans to install left turn lanes on Monroe Street at the I-10 Interchange under a Caltrans encroachment permit; reviewed plans to install traffic signals and widen three of four ramps at the I-10/Monroe Street Interchange.

Reviewed traffic impact analyses for Project Study Reports evaluating different alternatives for buildout improvement of the I-10 Interchanges at Jefferson Street, Monroe Street, Jackson Street and Golf Center Parkway.

Oversaw preparation of plans, specifications, and contract documents and provided construction assistance for over 40 traffic signal installations and modifications.

Reviewed and approved over 600 work area traffic control plans as well as signing and striping plans for all City and developer funded roadway improvement projects.

Oversaw preparation of a City wide traffic safety study of conditions at all schools.

Prepared over 500 work orders directing City forces to install, modify, and/or remove traffic signs, pavement and curb markings, and roadway striping.

Oversaw preparation of engineering and traffic surveys to establish enforceable speed limits on over 200 street segments.

Reviewed and approved traffic impact studies for more than 25 major developments.

Developed the Golf Cart Transportation Program and administrative procedures; implemented routes forming the initial baseline system.

Tom Brohard, PE, Page 2
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Tom Brohard and Associates
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ATTACHMENT
D
Item 2C - Page 140
Reserved for Filing Stamp
Appeal Form
City of Palm Springs

RECEIVED
SEP 2 5 2025
TEL (760) 323-8204 I FAX (760) 322-8332
Plaza Villas Owners Association

ADDRESS/ DIRECCION
P.O. Box 1355

CITY/ CIUDAD STATE/ ESTADO
Rancho Mirage CA

OFFICE OF THE CITY CLERK
[email protected]

PHONE/ TELEFONO
760-912-3019
ZIP/ C DIGO FAX / El FAX
POSTAL
92270 NIA

SUBJECT OF APPEAL/ OBJECTO DE APELACION
The date the decision being appealed was rendered/ lrhe application or project was entitled / La aplicaci6n o La fecha en que se emiti6 la decision que se esta apelando: Proyecto tenfa derecho:

September 16, 2025 Nexus Hotel
Approval of Conditional Use Permit (CUP 2023-0018)
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 UTILIZARTANTAS HOJAS ADICIONALES COMO SEA NECESARIO}:

Please see attached appeal document.

FOR STAFF USE ONLY
□ 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 2C - Page 141
September 25, 2025
City Clerk
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Appellant Name:

Appellant Address:

Mailing Address:

Plaza Villas Owners Association
41610 Indian Trial, Ste. 3, Rancho Mirage, CA 92270
P.O. Box 1355, Rancho Mirage, CA 92270
Re: Appeal of City of Palm Springs Planning Commission Decision on CUP 2023-0018 - Nexus Hotel & Residential Project
Dear City Clerk and Honorable Members of the City Council:

Plaza Villas Owners Association hereby appeals the decision of the Planning Commission to approve Conditional Use Permit CUP 2023-0018 for the Nexus Hotel & Residential Project for the following reasons. The Association requests that the City Council reverse or modify the decision, or impose additional/stronger conditions for approval, as set forth below.

While the Association is appreciative of the City and Nexus's efforts to develop and improve this site from its existing condition as a parking lot, the Association believes that the project can and should be reformed to better integrate with the history and tradition of Palm Springs and the local environment nearby.

Executive Summary
• Neighboring owners were not adequately notified as required by the Municipal Code to allow adequate time to attend and submit comments at the Planning Commission meeting. • The Nexus Hotel & Residential Project (CUP 2023-0018) as approved conflicts with Palm Springs' RA zoning, Section 14 Specific Plan, and the Prairie Schooner Settlement Agreement. • The proposed 9-story, 250-unit project fails to respect the city's midcentury modem architectural character, pedestrian-scale design standards, and mountain view preservation goals. • The building's massing and height will cast extensive shadows on neighboring properties, adversely affecting sunlight and quality of life.
• Noise impacts from outdoor amenities are underestimated and expected to exceed acceptable levels, negatively affecting nearby residents.
• The project lacks adequate setbacks, buffers, and design features to mitigate its bulk and preserve neighborhood character.
• The developer made no effort at stakeholdering with neighbors. • The Dream Hotel project, also next to Plaza Villas, has been stalled since 2017. This raises two concerns: 1) assuming construction resumes, residents of Plaza Villas will have to endure the noise and unsightliness of two construction sites and 2) given the number of stalled hotel projects in Palm Springs, there is the real worry this project could suffer the same fate. • The Planning Commission was very respectful of the concerns of the Center Court residents during the Dream Hotel approval process. Several meetings were held resulting in modifications (reduction in height) of the original design. It seems the residents of Plaza Villas are not being afforded this level of concern.

Item 2C - Page 142
• Nearby homeowners reasonably expect adjacent development to align with existing zoning height limits (35 feet) and surrounding building scales (5 stories). • The Association requests that the City Council either reverse the Planning Commission's approval or modify the approval of the CUP.

Grounds for Appeal
I. Inadequate Notice
Pursuant to Palm Springs Zoning Code 94.009(E)(3), notices of hearings on Conditional Use Permits must be mailed at least 10 days before a hearing on the Conditional Use Permit. All owners, lessees, and sublessees, as shown in the Riverside County assessment rolls, that are witrun a 500 foot radius of the exterior boundaries of the property must be notified. Palm Springs Zoning Code 94.009(EX2). Additionally, all mailing addresses of owners within a condominium complex must be included, and the mailing addresses of lessees and sub-lessees of record must be included. Palm Springs Zoning Code 94.009(E)(2).

The Plaza Villas condominium community is located directly across the street from the property and many of the condominium units within Plaza Villas are within the 500 foot radius.

Many of the homeowners (lessees) within Plaza Villas never received the notice at their mailing addresses. Further, the Association itself never received a mailed notice. For the few owners who received the notice in the mail, it was postmarked on September 7, fewer than IO days before the meeting on September 16. Most residents and owners within Plaza Villas only heard about this by word-of-mouth around September 14, two days before the hearing.

The lack of notice prevented neighboring and affected owners from reviewing the project documents and meaningfully commenting and participating in the meeting, and it violated the Zoning Code. For these reasons, the Planning Commission's decision should be overturned.

2. The Proposed Project (Io Current Form) Does Not Justify Issuance of a CUP The approval does not sufficiently demonstrate that the proposed mix of hotel, residential condominiums, rooftop social club, and standalone restaurant is consistent with the RA zoning / Section I 4 Specific Plan and the requirements of the Zoning Code for Conditional Use Permits.

Generally speaking, Palm Springs and its Zoning Code have historically preserved the low-slung midcentury modern character of our community that preserved mountain views and minimized high-rises and long shadows. This goal is underscored by the fact that any building over 35 feet in height is considered a "high rise" and is required to receive a CUP. Palm Springs Zoning Code

93.04.00. Although the Section 14 plan envisions the possibility of high rise building at this specific site, the Plan does not automatically allow such a high-rise building. The Section 14 Plan and the Zoning Code stilJ require the Planning Commission to issue a Conditional Use Permit.

The Zoning Code makes clear that the issuance of a Conditional Use Permit is not something done as a matter of course, and that special considerations are needed before issuing one. A Conditional Use Permit " is intended for those types of land uses which require special consideration in a particular zone or in the city as a whole due to: .. . the unusual traffic, noise, vibration, smoke or other problems incidental to its operation; . .. or to the effect that such uses may have on property values, health, safety, and welfare in the neighborhood or in the 2 Item 2C - Page 143
community as a whole. lt is also for uses whose approximate location is indicated on the general plan but whose exact location and arrangement must be carefully studied." Palm Springs Zoning Code 94.02.00 (emphasis added).

The Zoning Code only permits the approval of a Conditional Use Permit if(in addition to other requirements):
• "the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located."
• "the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. Such conditions may include:

Regulation of use ... Regulation of signs ... Requiring landscaping and maintenance thereof ... Requiring maintenance of the grounds ... Regulation of noise, vibration, odors, etc .... And such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this Zoning Code, including but not limited to mitigation measures outlined in an environmental assessment.

As it relates to the proposed Nexus project:
• Under the Section 14 Specific Plan, "larger-scale and high-rise buildings should be designed with one or two stories that relate to and reinforce a pedestrian-level character . . . [t]echniques may include ... staggering the face of the building." This proposed building does not reinforce pedestrian level character, and the face of the building should be more staggered, particularly on Andreas Road." • Under the Section 14 Specific Plan "Features of the Specific Plan," includes "[h]igh -rise buildings stepped in height to maximize views of the mountains." The proposed project is not stepped in height to maximize mountain views. To the contrary, the proposed seven to nine-story structure will block mountain views from the street and for many neighbors.
• Under the Section 14 Specific Plan, this parcel is designated as TRC (Tourist-Resort) RA (Resort Attraction). Further, the Settlement Agreement and Mutual Release - Prairie Schooner Property between the City and NOC provides that the project should include "one or more hotel buildings and complementary amenities." Para. l(c). This CUP seeks approval of a 9-story condominium tower, a standalone restaurant, and a rooftop social club (among other things). A complementary amenity for a hotel is a "desirable or useful feature provided when renting a room at a hotel, motel, or other place of lodging." The proposed project - with 130 condominiums - is not consistent wiJh the parcel's designation for hotel purposes, nor is iJ consistent with the "hotel building and complementary amenities" requirements of the Prairie Schooner agreemenl 3 Item 2C - Page 144
• Palm Springs' unique identity is rooted in midcentury modem architecture, characterized by low-to-the-ground buildings that blend with the landscape and preserve views. This is seen throughout Palm Springs, where height restrictions have preserved our gorgeous neighborhoods, sun, and mountain views.
• At nearly 100 feet tall, this will be the tallest buiuling in the city's history. It will be nearly double the height of the nearby Renaissance hotel and will exceed the existing tallest (and recently approved/built) Kimpton hotel by two stories. • If allowed to continue at its current size and shape, this high-rise will forever change Palm Springs for the worse. It is a rejection of the tradition and character of Palm Springs, which is renowned for its unique preservation of midcentury modern architecture paired with stunning mountain vistas dotted with tall palms. A project of this height may be appropriate in Los Angeles, Las Vegas, or San Diego, but not Palm Springs.

3. General Plan Inconsistency and Detriment to Existing Uses The project's scale (nine stories and over 250 units) is not in harmony with neighboring land uses (e.g., lower-rise residential or resort scale in the surrounding area).

For example, Plaza Villas, located directly next door to this proposed project, embodies the classic Palm Springs resort character: a low-rise, garden-style condominium community with two-story buildings, open courtyards, and generous setbacks. Its architecture and landscaping reflect the city's mid-century modem tradition of low-slung structures that defer to the San Jacinto mountain backdrop.

Surrounding properties reinforce this scale and character:
• Hilton Hotel (southwest): 3 stories, set amid landscaped grounds. • Kaptur Court (south): 2 stories
• Palm Springs Convention Center (east): Approximately 30-40 feet in height (equivalent to about 3-4 stories) , spread out across a broad landscaped site. • Renaissance Hotel (southeast): 5 stories, the tallest immediate neighbor, but stepped back and buffered by open grounds and pool courtyards.
• Agua Caliente Casino (west): 2 stories in height (approx. 30-40 feet).

Together, this fabric creates a resort environment defined by sunlight, mountain views, open sky, and pedestrian-scale design. Plaza Villas and its neighbors are woven into a landscape of palm trees, bougainvillea, citrus, and desert plantings that thrive precisely because of the abundant winter sun and clear view corridors.

This is the current view from one of the units in Plaza Villas, looking south. If built, the Nexus Hotel would block out the entirety of the mountain view in this image:
4 Item 2C - Page 145
The San Jacinto Mountain backdrop is the apparent, important, and unchallenged element that defines Palm Springs' identity and underpins the value of both residential and commercial property throughout the city. Preserving this view corridor is essential to maintaining the resort character, economic vitality, and global reputation of Palm Springs. A telling precedent exists in Phoenix's Camelback Corridor, where in 2004 Donald Trump proposed an 18-story, 190-foot, $200 million luxury hotel-condominium near the Arizona Biltmore Hotel and Biltmore Fashion Park. Although city staff initially recommended raising the long-standing 56-foot height limit to 140 feet to accommodate the project, the Camelback East Village Subcommittee voted 3- 2 to preserve the 56-foot cap. Ultimately, after more than 19,000 residents signed a referendum petition citing the importance of preserving Camelback Mountain views and preventing runaway vertical development, Trump withdrew from the project in December 2005. Other developers, such as Westcor, were similarly forced to scale back their proposals.

The lesson is clear: when mountain backdrops serve as the "holy grail" of a city's landscape and identity, the community will not tolerate out-of-scale towers that jeopardize them. Palm Springs now faces the same test with the Nexus Hotel: whether to uphold its long-standing protections for mountain views and low-rise resort character, or risk undermining the very assets that make the city globally desirable.

This context underscores the City's General Plan intent. Midtown is a transition zone between the single-family neighborhoods and the downtown core, and its identity depends on preserving the balance of low- to mid-rise structures, landscaped open space, and unobstructed mountain vistas. 5 Item 2C - Page 146
A nine-story wall at the Nexus site would be wholly inconsistent with this resort character and the natural surroundings that Palm Springs is known for.

The Nexus Hotel as approved directly conflicts with the City's General Plan land use designation for High Density Residential and with§ 93.04.00(F), because its nine-story massing neither reflects the intended scale of duplexes, townhomes, or apartments nor blends with the resort character and natural surroundings that the code explicitly requires.

Further, the shading and shadow effects of the proposed Nexus hotel would be drastic. The solar study included by the developer models the shading effects only at 9am, 12pm, and 3pm. It completely ignores the fact that longer/larger shadows will occur at the beginning and end of the day. Further, studying the shadow effects only on the solstices and equinoxes. Whether intentional or not, the solar study included by the developer is misleading at best. Failure to analyze reasonable worst-case scenarios (e.g., sunrise/sunset) violates CEQA's requirement for adequate environmental review.

Some neighbors will be in large shadow zones from the proposed building.

Modeling the Nexus Hotel at only 7 stories (instead of the 9 approved1 see the following shadow zones on the property to the north:
6 Item 2C - Page 147
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8 Item 2C - Page 149
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ln addition, the noise impacts will be substantial. Those impacts were "not significant" by the staff report. Specifically, the report claims: "The noise environment at the Project would be similar in scope and size to those now occurring at the existing Hilton and Renaissance hotels, which also offer outdoor pool and event areas surrounded by the hotel structure itself." Initial Study/Mitigated Negative Declaration, p. 81.

Respectfully, however, the existing noise environmental impacts of the Renaissance hotel are tremendous. Certain events held at the Renaissance Hotel produce earth-shaking noise and vibrations for residents within Plaza Villas. City staff have even measured the noise level at Plaza Villas during the Renaissance hotel events and remarked that it is unacceptable. Recently, hotel rooms were offered to residents within Plaza Villas during these events at the Renaissance because of the noise impacts on Plaza Villas.
10 Item 2C - Page 151
The Renaissance hotel pool area (the source of the noise) is located over 500 feet from the closest building at Plaza Villas. The proposed outdoor areas at the Nexus project will be approximately half that distance (much closer to Plaza Villas). The noise impact will be dramatic.

4. Disparate Treatment
At the nearby Dream Hotel project to the northeast, the Planning Commission was receptive to the concerns of the homeowners at the Center Court community next to the proposed Dream Hotel. There were multiple hearings, and ultimately, the Dream Hotel's project was reduced in height - twice - before it was ultimately approved. That process was lengthy.

In contrast, after virtually no notice (as discussed above) to the affected nearby owners, the Planning Commission rejected the concerns of neighbors and approved the Nexus project. There was no stakeholdering by the developer. Despite the initial concerns expressed by some of the Planning Commission members (the first vote was 2-2), the Planning Commission ultimately dismissed the public outcry and moved forward with everything the Nexus developer wanted.

It appears that the major difference between Center Court and Plaza Villas is that Plaza Villas is located on leased tribal land, while Center Court is on fee land. However, such a distinction does not justify the disparate treatment of neighbors' concerns.

5. Second Construction Site
This project will represent a second construction site next to Plaza Villas. The first, Dream Hotel, has been stalled since 2017 and is once again on hold due to a $80 million cost overrun (
). As part of the approval of the Nexus Hotel, the residents of Plaza Villas would like to understand what guarantees are in place to ensure a timely construction.

6. Site Adequacy and Neighborhood Character
The site plan does not provide adequate setbacks, massing, or buffers to shield adjacent residential zones from the building bulk, noise, or light. The massing of the building will most assuredly block mountain views completely for a number of neighbors in Plaza Villas. The homeowners in Plaza Villas bought their homes with the expectation that adjacent development would be consistent with the zoning code (maximum of35 feet) in height, or at minimum, consistent with the adjacent land uses (where the closest adjacent use is only 5 stories in height).

These standards exist to give stability and predictability to property owners. Approving a ~ 100- foot tower next door overturns those expectations, creating a form of regulatory bait-and-switch.

Zoning operates as a "neighborhood contract:" owners purchase homes in reliance on the stability of surrounding development limits. To ignore these protections now exposes owners to unbargained-for liabilities, undermining both trust in city governance and the legal integrity of the zoning code.

Further, this project will significantly impact property values. For buyers, natural light and views are central to the resale value of Plaza Villas units. A permanent nine-story shadow wall will reduce buyer demand, shrink our pool of qualified purchasers, and lower ultimate sale prices across the community. This means not just one or two units, but the entire Plaza Villas association will see diminished equity, effectively shifting wealth from existing homeowners to a single developer. In real estate terms, this is a classic case of external obsolescence: an external condition beyond the control of the homeowner that permanently reduces value.

II
Item 2C - Page 152
Relief Sougbt
The Association respectfully requests the City Council to:
• Reverse the approval of CUP 2023-0018 OR
• Modify the approval by adding or strengthening conditions for approval:
0 Reducing the height limitation to a maximum of 5 stories (-66 feet), 0 Before approval, the Planning Commission and the City should require an independent solar and shadow study that models all the way from fall through spring, and from sunrise to sunset, and if the independent study reflects shadow zones on adjacent residential units, require modification in the massing or steps in the building to reduce impacts on neighbors,
Require a step-down and staggering of the building to better preserve mountain views, reduce shadows, and reinforce the pedestrian scale at the sidewalk sides along Andreas and Calle El Segundo,
Prohibit the use of music outdoors audible beyond the property line, Limit hours of the rooftop social club to a maximum of I hour after sunset, and 0 0
0 0 Lf approved, require swift completion of construction so neighbors are not burdened with endless construction and delays, like what happened at the Dream project.

Thank you for your consideration of this appeal.

Sincerely,
Plaza Villas Owners Association
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12 Item 2C - Page 153

ATTACHMENT
E
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I
I I
RESOLUTION NO. 6987

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

PALM SPRINGS, CALIFORNIA, FOR THE ADOPTION OF A

MITIGATED NEGATIVE DECLARATION AND THE APPROVAL OF A
TENTATIVE TRACT MAP (TTM 38843), A MAJOR DEVELOPMENT
PERMIT, AND A CONDITIONAL USE PERMIT FOR THE DEVELOPMENT OF A NINE STORY HIGH 257 ROOM HOTEL BUILDING LOCATED AT 847 EAST ANDREAS ROAD IN SECTION 14 SPECIFIC PLAN AREA. (CASES #DP 2023-0017, CUP 2023-0018, AND STM 2023-0014) APN: 508-055-007,008,009
THE PLANNING COMMISSION FINDS AND DETERMINES AS FOLLOWS:

A. Nexus Development Inc., ("Applicant") has filed a Conditional Use Permit (Case CUP 2023-0018); a Major Development Permit (Case 2023-0017); and a Tentative Tract Map 38843 (Case STM 2023-0014) with the City pursuant to Sections 94.02.00 (Conditional Use Permit), 93.04.00 (High-Rise Development), 94.04.01 (Development Permit), of the Palm Springs Zoning Code, and Section 6647 4 of the Subdivision Map Act for the construction a 257-room nine-story hotel/condominium building and a Tentative Tract Map for a one (1) lot subdivision for condominium purposes on a 5.64-acre parcel located at 847 East Andreas Road on fee land. (This application is referred to herein as the "Project".)
B. The property was posted with a "Project Under Consideration" sign on July 20, 2023 and a notice of a public hearing of the Planning Commission of the City of Palm Springs to consider the Project was given in accordance with applicable law.

C. On January 13, 2025 an Initial Study resulting in a Mitigated Negative Declaration per CEQA was circulated for a 20-day review period ending on February 3, 2025.

D. On March 25, 2025 the Agua Caliente Band of Cahuilla Indians Tribal Council reviewed the project as the site is located in the Section 14 Specific Plan on the reservation and forward a set of conditions of approval to the City Council and attached as part of Exhibit A.

E. On September 16, 2025, the Planning Commission held a public hearing to consider the Project in accordance with applicable law.

F. The proposed development is a project as defined by the California Environmental Quality Act (CEQA). The project was analyzed in an Initial Study resulting in a Mitigated Negative Declaration (MND).

G. The Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Project, including, but not limited to, the staff report, and all written and oral testimony presented.

Item 2C - Page 155
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Planning Commission Resolution No. 6987
Case CUP 2023-0018, DP 2023-0017, STM 2023-0014 - Nexus Hotel September 16, 2025

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and development standards of the RA zone and the finding has been met.

5. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats.

The subject site is a flat existing parking lot. The TTM project has been analyzed in an lntial Study (IS) resulting in a Mitigated Negative Declaration (MND) as part of the development process. The approval of the TTM into one (1) parcel with intended development has the potential to have impacts on the environment, however as the IS has determined that implementation of mitigation measures will reduce any impacts to less than significant as a result of the proposed tract map and the finding has been met.

6. The design of the subdivision or type of improvements is not likely to cause serious public health problems.

Any development of the site would be consistent with Section 94.04 of the Palm Springs Zoning Code requiring further review by the Planning Commission and Architectural Review Committee for proposed building elevations, site and landscape plans. Any development will be designed in a way that meets and exceeds City Standards and will include connections to all public utilities including water and sewer systems. The development will have appropriately designed and constructed streets and internal private driveways built to City standards providing ingress/egress.

7. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision.

The Tentative Tract Map shows a vacated street named Calle Alvarado which will be incorporated into the proposed development. There are no other easements as shown on TTM 38843. Any proposed development will need to take into consideration any easements and propose a design that does not encroach, and the finding has been met.

Section 5:

Pursuant to Section 94.04.01 (D) of the Palm Springs Zoning Code (PSZC) for a Major Development Permit the following findings are made by the Planning Commission:

1. The proposed project is consistent with the General Plan and any applicable specific plan;
The development proposes constructing a nine-story resort hotel and residential building consisting of 125 hotel rooms and 132 residential condominium units which will be associated with the hotel and have access to hotel amenities and services; and a 6,040 square foot stand-alone restaurant. The project is in an area designated as TouristResort-Commercial (TRC) per the Section 14 Specific Plan with a corresponding zoning classification of RA (Resort Attraction). The project as proposed is a by-right use in the Item 2C - Page 156
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Planning Commission Resolution No. 6987
Case CUP 2023-0018, DP 2023-0017, STM 2023-0014 - Nexus Hotel September 16, 2025

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RA zone with a Conditional Use Permit for high-rise building consideration and is consistent with the Section 14 Specific Plan and the development also supports the following goals and policies:

GOAL LU7: Maintain and enhance the City's status and image as a premier resort destination and cultural center in the Coachella Valley.

LU7.1 Encourage a diversity of high-quality commercial uses, attractive to both the resident and the visitor, including retail, entertainment, cultural, and food sales, in appropriate areas of the City.

LU7.2 Ensure that visitor-serving uses such as hotels, restaurants, and entertainment uses that generate high levels of activity are developed in close proximity to the Palm Springs Convention Center.

Consistency Analysis: The Project will result in a first class resort hotel with all of the amenities expected in Palm Springs' resort environment. It will also include residential development in the City's core, and provide new retail and dining opportunities for the City. The Project will also provide a new hotel to support the Convention Center which will be within an easy walking distance to the conference rooms and activities at that location.

GOAL LU8: Strategically introduce mixed- and multi-use infill projects in underutilized areas to create neighborhood activity centers serving the day-to-day needs of nearby residents, employees, and visitors.

LUB.1 Encourage new mixed/multi-use developments in areas that are currently vacant or underutilized.

LUB.4 Allow designated mixed/multi-use areas to contain buildings that are taller than the surrounding neighborhood.

LU8.7 Onsite parking is encouraged to be accessed from side streets or public alleys to minimize traffic impacts on major streets and to avoid interruption in the street-front design of commercial centers.

Consistency Analysis: The Project will provide resort, commercial and residential land uses in the City's central core, and eliminate an under-used parking lot. The structures proposed will be consistent with the high-rise provisions of the Section 14 Specific Plan, and introduce a parking structure with alleyway access.

2. The proposed uses are in conformance to the uses permitted in the zone district where the site is located, and are not detrimental to adjacent properties or residents;
The subject parcel is zoned RA and the proposed Resort Hotel/Residences is a permitted use per the Section 14 Specific Plan and the proposed project is compliant with the existing land use and zoning designations. The area around the site consists of other hotel, office, retail, and Tribal casino buildings containing a variety of uses that are consistent with the proposed project and the finding has been met.

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Case CUP 2023-0018, DP 2023-0017, STM 2023-0014 - Nexus Hotel September 16, 2025

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3. The proposed project is in conformance to the property development standards for the zone district where the site is located;
The proposed application conforms to current development standards as to overall area, density, building height (with the approval of a Conditional Use Permit), and required landscaping including the increased setbacks for a high-rise building adjacent to a residential development and the finding has been met.

4. The proposed height and massing of the project is consistent with applicable standards and compatible with adjacent development;
The proposed building will have a maximum height of 99.8 feet equaling nine-stories. The Section 14 Specific Plan permits buildings of the proposed height with a Conditional Use Permit per Section 94.02.00 of the PSZC and approved by the Planning Commission.

The development standards provide greater setbacks for the taller building at 132 feet to the nearest residential development with extensive landscaping and open space along East Andreas Road and North Calle El Segundo. The proposed resort hotel meets the intent of the Section 14 Specific Plan as the project is compatible with adjacent hotels and Downtown developments and the finding has been met.

5. The proposed setbacks and placement of the building are consistent with applicable standards and consistent with setbacks of adjacent buildings; The proposed project has greater setbacks meeting the standards in the Section 14 Specific Plan for high-rise buildings. The site plan places the main hotel and residence buildings in an "L" shape around the outdoor amenities including multiple pools, event spaces, and patios. The main entrance to the hotel/residence's is on East Andreas Road with two separate drop-off areas for each component. The five (5) level garage is located on the southeast side of the building with little visual impact on the street. A 6,040-square foot freestanding restaurant will front North Calle El Segundo with a separate drop-off motor court. A 5,023-square foot ballroom/Flex Space is placed at the south center portion of the site. A two-way driveway wraps the site to the south providing back of house operations, garage deck parking access, and fire access.

6. The site for the proposed project has adequate access to streets and highways properly 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 Project current site boundaries are defined by East Andreas Road to the north, Kaptur Court to the south, an Alley Way to the east, and North Calle El Segundo to the west. The Project proposes the development/improvement of two Alley Ways along the site's eastern and southern border which are to be accessible from North Calle El Segundo and East Andreas Road. The main entrance to the hotel/residence's is on East Item 2C - Page 158
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Planning Commission Resolution No. 6987
Case CUP 2023-0018, DP 2023-0017, STM 2023-0014- Nexus Hotel September 16, 2025

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Andreas Road with two separate drop-off areas for each component. The project utilizes existing streets and will require minimal additions to current road infrastructure and the findings have been met.

7. On-site circulation conforms to minimum standards, and accommodations are made for safe on-site pedestrian circulation;
The internal circulation system will consist of a main drop-off area for the hotel and residences along East Andreas Road. An ally way will be added on the east and south sides of the project providing access for back of house operations and the parking garage.

The resort hotel will have multiple pedestrian points allowing visitors and residences access to the adjacent street sidewalks. A new covered pedestrian link is contemplated between the convention center, hotel, and downtown.

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 landscape will include drought-tolerant trees (36 and 24-inch boxes), 12-foot palms, and ground covers typically found in the region, such as Acacia, Bottle Tree, fruitless olive, desert museum palo verde, African Sumac and Mexican fan palms. Shrubs and accent plantings proposed for the project include agave, Yucca, Natal Plum, and Lantana. Fractured rock, and decomposed granite will provide ground cover. Exterior irrigation will use drip or micro-spray applicators. The Architectural Review Committee (ARC) will review the final landscape plan.

9. Public infrastructure, such as water, sewer, and similar utilities, is adequate to serve the proposed project;
Desert Water Agency (DWA) will provide water and sewer service for the project property.

Existing water infrastructure is located adjacent to the project, along the surrounding roadways. Sewer connections to the site will occur in the adjacent streets and solid waste will be handled by Palm Springs Disposal Service. Based upon these existing and planned infrastructure improvements the project will meet the findings.

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; An Initial Study (IS) resulting in a Mitigated Negative Declaration was available for public viewing with a 20-day comment period beginning on January 13, 2025 and ending on February 3, 2025. The IS has determined that impacts can be mitigated to less than significant for Biological Resources, Cultural Resources, Geology and Soils, Item 2C - Page 159
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Planning Commission Resolution No. 6987
Case CUP 2023-0018, DP 2023-0017, STM 2023-0014 - Nexus Hotel Transportation. All other impacts are less than significant.

September 16, 2025

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

The proposed resort hotel/residences have been analyzed in the IS and will require the implementation of mitigation measures that will reduce impacts on public welfare, health and safety to a level less than significant as envisioned by CEQA.

Section 6:

Pursuant to Sections 94.02.00 (Conditional Use Permit) and 93.04.00 (High-Rise Development) of the Palm Springs Zoning Code (PSZC) requires that the following the findings are made by the Planning Commission

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

The parcel is physically suited for a large-scale resort hotel/residences development as it is currently an undeveloped and underutilized parking lot. The 5.64-acre parcel located in Section 14 adjacent to the Convention Center and Downtown area is an appropriate location for the proposed project and the request for a CUP for a high-rise building is consistent with the Specific Plan. The parcel is adequate in size to accommodate the intended high-rise use that would be consistent with the designated land use. Access will be via existing streets of East Andreas Road and North Calle El Segundo. Proposed conditions of approval will address all required site modifications consistent with City Standards and will ensure safe access to the development and the finding has been met.

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

The Section 14 Specific Plan designation of the subject property is Tourist-ResortCommercial (TRC) with an underlying zoning of RA (Resort Attraction). According to the Specific Plan, the TRC land use designation is intended to accommodate large-scale high-rise resort hotel complexes, hotels, and major commercial attractions integrated with retail and entertainment facilities. The approval of the CUP will allow for high-rise and restaurant development consistent with the RA zone and land uses per the TRC designation. The redevelopment of the site will meet the following Section 14 Goals and Actions:

GOAL LU1: Establish a balanced pattern of land uses that complements the pattern and character of existing uses, offers opportunities for the intensification of key targeted sites, minimizes adverse environmental impacts, and has positive economic results.

Item 2C - Page 160
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Planning Commission Resolution No. 6987 September 16, 2025 Case CUP 2023-0018, DP 2023-0017, STM 2023-0014- Nexus Hotel Page 9 of 10 LU8.1
LU8.4 LU8.7
Encourage new mixed/multi-use developments in areas that are currently vacant or underutilized.

Allow designated mixed/multi-use areas to contain buildings that are taller than the surrounding neighborhood.

Onsite parking is encouraged to be accessed from side streets or public alleys to minimize traffic impacts on major streets and to avoid interruption in the street-front design of commercial centers.

Based upon the above enumerated findings relating to the General Plan Goals and Actions the findings have been met.

3. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, wa/1s or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood.

The 5.64-acre project site is located within the Section 14 Specific Plan which is an area designated for resort hotels, restaurants, Tribal casino and other entertainment venues.

The redevelopment of the underutilized parking lot for the construction of a nine-story 257-room hotel/residences is appropriate for a site that is fully urbanized with completed street access from East Andreas Road and North Calle El Segundo. The Section 14 Specific Plan permits buildings of the proposed height with a Conditional Use Permit per Section 94.02.00 of the PSZC and approved by the Planning Commission. The development standards provide greater setbacks for the taller building at 132 feet to the nearest residential development with extensive landscaping and open space. The proposed development will provide a total of 500 parking spaces which meets the required off-street standards and will accommodate the use and associated activity.

Supporting technical studies for the Initial Study (IS) have been provided stating that the proposed site plan can adequately accommodate the traffic and circulation and the findings have been met.

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

The site is within the Section 14 Specific Plan in an area comprised of multiple large resort hotels one block from the Major Throughfare of East Tahquitz Canyon Way. Access to the site will be from traffic-controlled intersections and will primarily use East Andreas Road and North Calle El Segundo leading to the hotel drop-off points. An ancillary alley Item 2C - Page 161
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Planning Commission Resolution No. 6987
Case CUP 2023-0018, DP 2023-0017, STM 2023-0014 - Nexus Hotel September 16, 2025 Page 10 of 10 way will wrap the site to the south and provide access to the parking garage and back of house operations. Based on the project specific traffic report and separate VMT analysis the surrounding road network will be able to handle the anticipated vehicle trips. The proposed project will meet all development standards for the RA zone per setbacks, heights (with approval of a CUP), lighting, and landscaping. The location of the resort hotel/residences is an appropriate location as access onto the site will be from existing roadways. All surrounding intersections are four way stops with nearby larger roads fully signalized with the appropriate number of through and turning lanes. The introduction of a resort hotel/residences plus full-service restaurant would not require additional traffic mitigation measures as the road network is fully built out and does not require modification to accommodate the anticipated traffic volumes. Pedestrian access will be provided via existing sidewalks, and the finding has been met.

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

The conditions imposed as part of this Conditional Use Permit are intended to minimize impacts on the surrounding community. The CUP for a high-rise building and pool bar and rooftop social club approval will work in conjunction with the Major Development Permit and Major Architectural approval by the City. Conditions of Approval will include Mitigation Measures as identified in the IS and requirements from the Agua Caliente Band of Cahuilla Indians Tribal Council.

THE PLANNING COMMISSION RESOLVES:

That the findings and determinations reflected above are true and correct and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution. Based upon the foregoing, the Planning Commission hereby approves Cases STM 2023-0014, DP 2023-0017, and CUP 2023-0018 for the construction of nine-story 257 room resort hotel/condominiums and associated amenities located at 847 East Andreas Road, subject to the conditions of approval attached herein as Exhibit A.

ADOPTED this 16th day of September, 2025.

MOTION: MILLER, SECOND MURPHY
AYES:

NOES:

MILLER, MURPHY, AYLAIAN, WEREMIUK
NONE
EXCUSED: BAKER, ROTMAN, MORRILL
ATTEST:

CtM(
Christopher Hadw---in, AICP
Director of Planning Services

CITY OF PALM SPRINGS, CALIFORNIA
Item 2C - Page 162
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RESOLUTION NO 6987

EXHIBIT A

NEXUS HOTEL
(CASES STM 2023-0014, DP 2023-0017, CUP 2023-0018)

TENTATIVE TRACT MAP & MAJOR DEVELOPMENT PERMIT,

AND CONDITIONAL USE PERMIT
SEPTEMBER 16, 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 Cases STM 2023-0014, DP 2023-0017 and CUP 2023-0018; except as modified with the conditions below; ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, dated July 20, 2023, including site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division except as modified by the conditions below.

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

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

ADM 5. The owner/applicant shall defend, indemnify, and hold harmless the City of Palm Springs, its elected officials, agents, officers, and employees ("lndemnitees") from any claim, action, or proceeding against the City of Palm Springs or any lndemnitee(s), arising, in any way, out of the approval of this application or the activities authorized by this Tentative Parcel Map and Major Development Permit, including any award of attorney's fees and/or costs. The Item 2C - Page 163
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ADM6.

City will promptly notify the applicant of any such claim, action, or proceeding and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the lndemnitees. 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.

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

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

ADM 7. Time Limit on Approval. Approval of the Tentative Parcel Map and Development Permit shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause.

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

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

ADM 9. Park Development Fees. The developer shall dedicate land or pay a fee in lieu of a dedication, at the option of the City. The in-lieu fee shall be computed pursuant to Ordinance No. 1632, Section IV, by multiplying the area of park to be dedicated by the fair market value of the land being developed plus the cost to acquire and improve the property plus the fair share contribution, less any credit given by the City, as may be reasonably determined by the City based upon the formula contained in Ordinance No. 1632. In accordance with the Ordinance, the following areas or features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, development edges, slopes in hillside areas (unless the area includes a public trail) landscaped development entries, meandering streams, land held as open space for wildlife habitat, flood retention facilities and circulation improvements such as bicycle, hiking and equestrian trails (unless such systems are directly linked to the City's community-wide system and shown on the City's master plan). 2 Item 2C - Page 164
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at the expanse of the applicant to conduct Mitigation Monitoring Program.

Mitigation measures are defined in the CEQA Evaluation and summarized here as follows:

Biological:

BIO-1: Any grubbing, grading, vegetation removal, or other ground disturbance occurring between January 15th and August 31st shall require a preconstruction nesting bird survey conducted by a qualified biologist no more than 72 hours prior to the start of activities. If active nests are found, the qualified biologist shall establish buffer zones and non- disturbance areas protecting the nest(s) until the young have fledged. A buffer of at least 300 feet for songbirds and 500 feet for raptors is generally recommended. A biologist shall monitor the site weekly to ensure that the buffer is maintained.

Cultural:

CUL-1: Prior to commencing any phase of Project ground disturbance, all personnel working onsite shall complete a comprehensive worker's awareness training program (WEAP) conducted by a certified professional archaeologist. This program shall cover the identification of cultural and archaeological resources, including artifacts and human remains, and the procedures required in the event of discovery. The training will be supplemented by a handbook distributed to each worker.

CUL-2: If buried cultural materials are encountered inadvertently during any earth-moving operations associated with the Project, all work within 50 feet of the discovery will be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the find. The archaeologist shall prepare a findings report summarizing the methods and results of the investigation, including an itemized inventory and detailed analysis of recovered artifacts upon completion of field and laboratory work. The report shall include an interpretation of the cultural activities represented by the artifacts and discussion of their significance. The submittal of the report to the City and Tribal representative, as appropriate, along with final disposition of the recovered artifacts in a manner consistent with the City's, Project archaeologist's, and consulting tribes' standards, will signify the completion of the monitoring program and the mitigation of potential project impacts on cultural and tribal resources.

Geology and Soils:

GEO-1 A site-specific Geotechnical Report shall be prepared and submitted with grading plans, and report recommendations will be incorporated in Project design and construction.
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Transportation:

TRA -1: Traffic Control Improvements
The following traffic control improvements shall be implemented by the Project's design plan to be consistent with the recommendations outlined in the traffic report.
• Andreas Road is an east-west oriented local roadway located on the Project's northerly boundary. According to the City of Palm Springs General Plan, Andreas Road is currently built to its ultimate width.

However, the Project is to implement sidewalk, curb-and-gutter, and landscaping improvements consistent with the City's General Plan roadway cross-section requirements. • Calle El Segundo is a north-south oriented local roadway, located on the Project's westerly boundary. According to the City of Palm Springs General Plan, Calle El Segundo is currently built to its ultimate width However, the Project is to implement sidewalk, curb-and-gutter, and landscaping improvements consistent with the City's General Plan roadway cross-section requirements. • Calle El Segundo & Driveway 1 (#4): Project to install a stop control on the westbound approach and construct a shared left-right turn lane. • Calle El Segundo & Driveway 2 (#5): Project to install a stop control on the westbound approach and construct a shared left-right turn lane. • Driveway 3 & Andreas Road (#7): Project to install a stop control on the northbound approach and construct a shared left-through-right turn lane.

TRA-2: VMT Reduction
Per the VMT reduction strategies identified in the Project-specific VMT analysis, the Project is required to enforce the Commute Trip Reduction (CTR) Marketing strategy as described in the Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity (CAPCOA, 2021) because it will a achieve a 3.6% reduction in VMT impacts, which exceeds the required 1.5% reduction. The hotel operator will submit a CTR marketing strategy to the City prior to receipt of a certificate of occupancy for the Project. The other two strategies, End- of-Trip Bicycling Facilities and Unbundled Hotel Guest Parking are encouraged but not required because their potential to reduce VMT impacts are either too low when applied individually, or unquantifiable.

AGUA CALIENTE TRIBAL CONDITIONS
5 Item 2C - Page 166
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TRBL 1. All Washingtonia Robusta/Mexican Fan Palms shown on the Preliminary landscape plans shall be removed and or/replaced with Washingtonia Filifera/California Fan Palms.

TRBL 2. The presence of an approved Agua Caliente Native American Cultural Resource Monitor shall be present during any ground disturbance activities (including archeological 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.

PLANNING DEPARTMENT CONDITIONS
PLN 1. Building Height. The Conditional Use Permit approves a high-rise building at one hundred (100) feet as a nine-story 257-room hotel/condominium structure including ancillary uses such as a pool bar and rooftop social club.

PLN 2. Alcohol Sales. The Conditional Use Permit recognizes the hotel and associated uses such as a pool bar, restaurant, ballroom, and rooftop social club on the property shall be required to obtain the proper ABC licenses.

PLN 3. Letter of Convenience or Necessity. The applicant shall obtain a Letter of Convenience or Necessity from the City Council prior to commencement of the alcohol sales use.

PLN 4. Land Use Permit. Land Use Permits must be obtained for stand-alone restaurant use . full service restaurant, hotel restaurant and bar, social club, and coffee shop.

PLN 5. Events. Special events to take place beyond normal operations are permitted within the parameters of the Conditions of Approval.

PLN 6. Noise Level Limits. There shall not be any exemptions from the PSMC Chapter

11.74 ("Noise Ordinance"). Operator must meet the set noise levels at all times.

PLN 7. Outdoor Lighting Conformance. Exterior lighting plans, including a photometric site plan showing the project's conformance with Section 93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance, shall be submitted for approval by the Department of Planning prior to issuance of a building permit. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be included. If lights are proposed to be mounted on buildings, downlights shall be utilized. No lighting of hillsides is permitted. 6 Item 2C - Page 167
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PLN 8. Water Efficient Landscaping Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs Municipal Code and all other water efficient landscape ordinances. The applicant shall submit a landscape and irrigation plan to the Director of Planning for review and approval prior to the issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the local water agency that they are in conformance with the water agency's and the State's Water Efficient Landscape Ordinances.

PLN 9. Screen Roof-mounted Equipment. All roof mounted mechanical equipment shall be screened per the requirements of Section 93.03.00 of the Zoning Ordinance.

PLN 10. No off-site Parking. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the project site unless a parking management plan has been approved by the Planning Department.

PLN 11. Pad Elevations. Final building pad elevations shall not vary more than 12 inches above or below the pad elevation established by the approved preliminary grading plan and / or tentative map. Any deviations from this provision shall require approval by the Architectural Review Committee and/or the Planning Commission.

PLN 12. Bicycle Storage. The project shall provide indoor bike storage for employees.

Planning Commission imposed conditions:

PLN 13: Reduce massing of west tower by stepping back the building corners twenty (20) feet. Revise elevation before ARC review.

PLN 14. Rooftop Social Club to end outdoor music at 10:00 PM and meet the requirements of the Noise Ordinance.

PLN 15. Design of parking garage exterior to screen structure using materials that are cohesive and sympathetic to the adjacent Kaptur Plaza. Revise elevation before ARC review.

PLN 16. Landscape plan to utilize a plant palette that is appropriate to a desert setting.

Revise plans before ARC review.

POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security Codes" of the Palm Springs Municipal Code.
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BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on-site, all appropriate permits must be secured.

ENGINEERING DEPARTMENT CONDITIONS

STREETS
ENG 1. ENG2.

ENG3. ENG4. ENG5.

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.

Per Settlement Agreement, the City to provide specifications and plans for pedestrian shade structure and structure to be constructed by applicant.

Unless other arrangements are accepted by the City.

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.

The applicant shall obtain all necessary approvals from the Riverside County Flood Control and Water Conservation District (RCFC) for all construction required for connections to the existing regional system (Lateral 15A). A copy of RCFC required approvals shall be provided to the City Engineer prior to the issuance of any permit related to storm drain connections.

Asphalt concrete paving for streets prior to completion of on-site construction activities, will require additional paving requirements prior to acceptance of the street improvements, including, but not limited to:
removal and replacement of damaged asphalt concrete pavement, overlay, slurry seal, or other repairs, as required by the City Engineer. All lifts of asphalt concrete pavement are to be completed simultaneously.

Postponement of a final lift of asphalt concrete pavement will not be allowed unless prior authorization has been obtained from the City Engineer.

CALLE EL SEGUNDO
ENG6. Dedicate an easement, as appropriate, for sidewalk and bicycle path purposes along the entire frontage. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A right-of-way plan check fee shall be paid by the applicant in effect at the time that the dedication is submitted. 8 Item 2C - Page 169
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ENG 7. ENGB. ENG9. ENG 10. ENG 11.

Construct a 24' feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall be located 222' feet from the centerline of Andreas Road.

Construct an 8 feet wide sidewalk adjacent to proposed parkway along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210.

Design and install an electrical system for installation of decorative light fixtures (12 feet to 15 feet tall) consistent with the approved section 14 specific plan, including banner supports and overhead pedestrian-level lighting on the sidewalk. The applicant shall furnish and install the decorative light fixtures, luminaries and supporting electrical system. The electrical system shall be operated by a separate electric meter, unless an existing meter is available for use by the new lighting system, as approved by the City Engineer. The lighting system shall be installed and operational, and accepted for operation and maintenance by the City, prior to issuance of a Certificate of Occupancy, unless otherwise allowed by the City Engineer.

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

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

ANDREAS ROAD
ENG 12. ENG 13.

ENG 14. ENG 15.

Dedicate an easement, as appropriate, for sidewalk and city approved pedestrian shade structure purposes along the entire frontage. A current title report: or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A right-of-way plan check fee shall be paid by the applicant in effect at the time that the dedication is submitted.

Construct a 24' wide (minimum) driveway approach in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall be located at the intersection of Calle Alvarado extension.

Construct an 8 feet wide sidewalk behind the curb with the city approved pedestrian shade structure along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210.

Construct a 24' wide (minimum) driveway approach in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall be located 295' feet from the centerline of Calle El Segundo. 9 Item 2C - Page 170
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ENG 16. ENG 17.

ENG 18. ENG 19.

Remove and replace the existing curb ramp at the southeast corner of Andreas Road and Calle El Segundo, upon review and a determination by the City Engineer that the existing curb ramp does not meet current ADA standards. If required, construct a Type A curb ramp meeting current California State Accessibility standards in accordance with City of Palm Springs Standard Drawing No. 212.

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

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

CALLE ALVARADO EXTENSION (PEDESTRIAN PROMENADE) (If required by PC) ENG 20.

ENG 21.

ON-SITE
ENG 22.

Dedicate an easement, as appropriate, for sidewalk and bicycle path purposes along the entire frontage. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A right-of-way plan check fee shall be paid by the applicant in effect at the time that the dedication is submitted.

Design and construction of a Pedestrian Promenade consistent with the Section 14 Master Plan, shall be submitted for review and approval. Design and layout of the proposed promenade shall be reviewed by Architectural Design Committee and technical plan check by Engineering.

The minimum pavement section for all on-site pavement 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 10 Item 2C - Page 171
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ENG 23.

Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.

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 24. ENG 25.

ENG 26.

ENG 27.

ENG 28.

GRADING
All sanitary facilities shall be connected to the public sewer system (via the proposed on-site private sewer system). New laterals shall not be connected at manholes.

All on-site sewer systems shall be privately maintained by a Homeowners Association (HOA) or similar entity. Provisions for maintenance of the onsite sewer system acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required for this project.

The project is subject to the Section 14 Sewer Impact Fee. The sewer impact fee at the present time is $696.00 per acre. The fee shall be paid prior to, or concurrently with issuance of building permits.

If the Applicant will be connecting to the public sewer system using the sewer main constructed off of Calle El Segundo (to the west of the property) then the Applicant shall pay a sewer assessment fee of $9,323.42 in accordance with the terms of the Sewer Construction Refund Agreement between the City of Palm Springs and Desert Associates, a Limited Partnership, established January 21, 1981, Sewer Agreement No. 1671-B.

The fee is not mutually exclusive of the fee listed for Sewer Agreement No. 2147 and shall be paid to the City of Palm Springs prior to issuance of a building permit.

If the Applicant will be connecting to the public sewer system using the sewer main constructed off of Andreas Road (to the north of the property) and/or the southern extension of the sewer main from Calle Alvarado (along the eastern portion of the property) then the Applicant shall pay a sewer assessment fee of $17,224.03 in accordance with the terms of the Sewer Construction Refund Agreement between the City of Palm Springs and United Condominiums Corporation, established November 7, 1984, Sewer Agreement No. 2147. The fee is not mutually exclusive of the fee listed for Sewer Agreement No. 1671-B and shall be paid to the City of Palm Springs prior to issuance of a building permit.
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ENG 29.

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ENG 30.

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

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

The plan shall be approved by the City Engineer prior to grading permit issuance.
a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Services Department for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Services Department with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at http://www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Services Department prior to approval of the Grading plan. b. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report; a copy of the project-specific Final Water Quality Management Plan.

Prior to approval of a Grading Plan (or issuance of a Grading Permit), the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist ( a copy of the written approval must be provided to the City) . The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at ACBC [email protected] to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility 12 Item 2C - Page 173
ENG 31.

ENG 32. ENG 33.

I ENG 34.

ENG 35. ENG 36.

L
of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring.

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

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.

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.

Prior to issuance of grading permit, the applicant shall provide verification to the City that the Tribal Habitat Conservation Plan (THCP) fee has been paid to the Agua Caliente Band of Cahuilla Indians in accordance with the THCP.

A Notice of Intent (NOi) to comply with the California General Construction Stormwater Permit (Water Quality Order 2022-0057-DWQ as adopted September 8, 2022) is required for the proposed development via the California Regional Water Quality Control Board online SMARTS system. A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer prior to issuance of a grading or building permit.

This project requires preparation and implementation of a stormwater pollution prevention plan (SWPPP). As of September 4, 2012, all SWPPPs shall include a post-construction management plan (including Best Management Practices) in accordance with the current Construction General Permit. Where applicable, the approved final project-specific Water Quality Management Plan shall be incorporated by reference or attached to the SWPPP as the Post-Construction Management Plan. A copy of the upto-date SWPPP shall be kept at the project site and be available for review upon request.
13 Item 2C - Page 174
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ENG 37.

ENG 38.

ENG 39.

ENG 40.

ENG 41.

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

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.

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.

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.

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 (ifrequired). 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 42. 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 14 Item 2C - Page 175
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ENG 43. ENG 44.

DRAINAGE
ENG45. ENG 46.
that installation of BMP's, including mechanical or other means for pretreating contaminated stormwater and non-stormwater runoff, shall be required.

A Project-Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading or building permit. The WQMP shall address the implementation of operational Best Management Practices (BMP's) necessary to accommodate nuisance water and storm water runoff from the site. Direct release of nuisance water to the adjacent property (or public streets) is prohibited. Construction of operational BM P's shall be incorporated into the Precise Grading and Paving Plan. Prior to issuance of any grading or building permits, the property owner shall record a "Covenant and Agreement" with the County-Clerk Recorder or other instrument on a standardized form to inform future property owners of the requirement to implement and maintain the approved Final ProjectSpecific Water Quality Management Plan (WQMP). Other alternative instruments for requiring implementation of the approved Final ProjectSpecific WQMP include: requiring the implementation of the Final ProjectSpecific WQMP in Homeowners Association or Property Owner Association Covenants, Conditions, and Restrictions (CC&Rs); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Community Service Areas responsible for implementing the Final Project-Specific WQMP; or equivalent. Alternative instruments must be approved by the City Engineer prior to issuance of any grading or building permits.

All stormwater runoff across the property shall be accepted and conveyed in a manner acceptable to the City Engineer and released to regional existing drainage system. Stormwater runoff may not be released directly to said regional system (Lateral 15A) without first intercepting and treating with approved Best Management Practices (BMPs) required by NPDES standards and regulations.

This project shall be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pretreating contaminated stormwater and non-stormwater runoff, shall be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat contaminated 15 Item 2C - Page 176
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ENG 47.

ENG 48.
stormwater and non-stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. Such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development.

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

The acreage drainage fee at the present time is $10,961.65 per acre in accordance with Resolution No. 15189. Fees shall be paid prior to issuance of a building permit.

Submit storm drain improvement plans for all on-site storm drainage system facilities and connections to regional existing storm drain system (Lateral 15A) for review and approval by the City Engineer and Riverside County Flood Control.

ENG 49. All on-site storm drain systems shall be privately maintained by a Homeowners Association (HOA) or similar entity. Provisions for maintenance of the on-site storm drain systems acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this project.

GENERAL
ENG 50. ENG 51 .

ENG 52. ENG 53. ENG 54.

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.

All proposed utility lines shall be installed underground. 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.

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.

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 16 Item 2C - Page 177
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ENG 55.

ENG 56. ENG 57.

MAP
ENG 58. ENG 59.

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.

Nothing shall be constructed or planted in the corner cut-off area of any intersection or 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.

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.

The applicant shall become a part of Underground Service Alert (USA) so that the proposed off-site fuel pipelines can be included in the USA Alert database of underground facilities in the general area, so that others can be notified of their existence prior to their excavation activities.

The developer shall apply for an annexation to the City of Palm Springs Community Facilities District (2007-1) established for public safety services and submit required applications, waivers, and consent forms to the annexation prior to approval of a final map. Payment of an annexation fee ($7,500) and shall be made at the time of the application. The annexation shall be completed by action of the city council in a public hearing, prior to processing a final map for approval.

A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Services Department for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Services Department as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits.

ENG 60. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Attorney for review and approval for any restrictions related to the Engineering Services Department's recommendations. The CC&R's shall be approved by the City Attorney prior to approval of the Final (Parcel) Map by the City Council, or in the absence of a Final (Parcel) Map, shall be submitted and approved by the City Attorney prior to issuance of Certificate of Occupancy.

TRAFFIC
17 Item 2C - Page 178
ENG 61.

I
ENG 62.

L ENG 63.

A traffic study has been submitted by Urban Cross Roads and will need to be submitted to the City Engineer for review and approval prior to issuance of a grading permit. Any further mitigation measures that become required as part of the review and approval process are incorporated herein by reference and any subsequent plans and/or studies to be required will need to be approved by the City Engineer prior to issuance of grading permits as well. As determined so far by the traffic study, the following mitigation measure(s) will be required:

Andreas Road
• Andreas Road is an east-west oriented local roadway located on the Project's northerly boundary. According to the City of Palm Springs General Plan, Andreas Road is currently built to its ultimate width.

However, the Project is to implement sidewalk, curb-and-gutter, and landscaping improvements as needed to accommodate site access.

Calle El Segundo
• Calle El Segundo is a north-south oriented local roadway, located on the Project's westerly boundary. According to the City of Palm Springs General Plan, Calle El Segundo is currently built to its ultimate width. However, the Project is to implement sidewalk, curband-gutter, and landscaping improvements as needed to accommodate site access.

Calle El Segundo & Driveway 1
• Project to install a stop control on the westbound approach and construct a shared left-right turn lane.

Calle El Segundo & Driveway 2
• Project to install a stop control on the westbound approach and construct a shared left-right turn lane.

Driveway 3 & Andreas Road
• Project to install a stop control on the northbound approach and construct a shared left-through-right turn lane.

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.

All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed 18 Item 2C - Page 179
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ENG 64. ENG 65.
development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy.

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.

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

FIRE DEPARTMENT CONDITIONS
FID 1. FID 2. FID 3. FID 4.

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.

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. Three (3) complete sets of plans for fire sprinkler/alarms systems must be submitted prior to a building permit being released.

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.

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 an electronic file or a minimum of three (3) sets of drawings for review. Upon approval, the Fire Prevention Bureau will retain one set.

Plans shall be submitted to:

City of Palm Springs
Building and Safety Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Counter Hours: 8:00 AM - 6:00 PM, Monday - Thursday
19 Item 2C - Page 180
FID 5.

I FID6.

FID7.

FID 8.

L
A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. These fees are established by Resolution of the Palm Springs City Council. Complete listings and manufacturer's technical data sheets for all system materials shall be included with plan submittals. All system materials shall be UL listed or FM approved for fire protection service and approved by the Fire Prevention Bureau prior to installation.

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

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 131-6". Fire Department access roads shall have an all-weather driving surface and support a minimum weight of 73,000 lbs.

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

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.

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 20 Item 2C - Page 181
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FID 9.

FID 10. FID 11. FID 12. FID 13. FID 14. FID 15.
containing the emergency contact people and phone numbers for the building/complex.

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 (spa, yoga studio, and gym).

Fire Alarm Systems 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.

Private Fire Hydrants: Additional private hydrants may be required.

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

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 firs apparatus.

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.

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.

END OF CONDITIONS
21 Item 2C - Page 182

ATTACHMENT
F
Item 2C - Page 183

EXCERPTS OF MINUTES
At the Planning Commission meeting of the City of Palm Springs, held on September 16, 2025, the Planning Commission took the following action:
2A. A REQUEST BY NEXUS DEVELOPMENT INC, FOR THE ADOPTION OF A

MITIGATED NEGATIVE DECLARATION AND THE APPROVAL OF A
TENTATIVE TRACT MAP (TTM 38843), A MAJOR DEVELOPMENT PERMIT,

AND A CONDITIONAL USE PERMIT FOR THE DEVELOPMENT OF A NINE STORY HIGH 257-ROOM HOTEL BUILDING AND A 6,040 SQUARE FOOT RESTAURANT BUILDING LOCATED AT 847 EAST ANDREAS ROAD IN SECTION 14 SPECIFIC PLAN AREA. (CASES #DP 2023-0017, CUP 2023- 0018, AND STM 2023-0014) (GM)
RECOMMENDATION:

That the Planning Commission take the following actions:

1. Adoption of the Mitigated Negative Declaration.

2. Approve the Tentative Tract Map (STM 2023-0014).

3. Approve a Major Development Permit (DP-2023-0017).

4. Approve a Conditional Use Permit (CUP 2023-0018) for a high-rise building and pool bar and rooftop social club per the Section 14 Specific Plan.

Glenn Mlaker, Associate Planner, presented the staff report and answered questions of the commission.

Nicole Criste, CEQA Consultant, Terra Nova Planning & Research Inc., for the applicant, spoke and answered questions of the commission.

Robert Eres, Nexus Development, for the applicant, spoke and answered questions of the commission.

Ansh Vakil, Architect, HKS, for the applicant, spoke and answered questions of the commission.

Public Comments supporting the project mentioned support for local union laborers, compliance with zoning guidelines, and that the project will support the Convention Center, airport, and retail in the downtown area. Public comments against the project mentioned problems with traffic during events, noise from amplified music, the disproportionate scale of the structure, which blocks mountain views and would result in extra shade, increasing urbanization, and the stress on water resources.

Commissioner Miller moved, seconded by Commissioner Murphy, to approve with added conditions related to amplified sound, building height and articulation, parking structure screening, and landscaping for review by the Architectural Review Committee.

Item 2C - Page 184

1.Slightly clip the architecture, 1-2 floors of the south wing and the east wing of the residential tower, a minimum of 20ft in height and 20ft in dimension linearly, to soften the nine-story tower; to be represented on the plans before they are presented to the ARC.

2. No outdoor amplified music at the 7th level social club past 10:00 p.m.

3.Substantial softening in the architecture of the parking structure on the south and east.

4. To look at the landscape requirements, particularly the trees, to ensure selections can thrive in this environment.

MOTION: MILLER, SECOND BY MURPHY

AYES: WEREMIUK, MILLER, MURPHY, AYLAIAN
EXCUSED: ROTMAN, BAKER, MORRILL
_________________________
Glenn Mlaker, AICP
Associate Planner
Item 2C - Page 185

ATTACHMENT
G
Item 2C - Page 186

PLANNING COMMISSION STAFF REPORT
DATE: SEPTEMBER 16, 2025 PUBLIC HEARING
SUBJECT: A REQUEST BY NEXUS DEVELOPMENT INC, FOR THE ADOPTION OF

A MITIGATED NEGATIVE DECLARATION AND THE APPROVAL OF A
TENTATIVE TRACT MAP (TTM 38843), A MAJOR DEVELOPMENT

PERMIT, AND A CONDITIONAL USE PERMIT FOR THE DEVELOPMENT OF A NINE STORY HIGH 257-ROOM HOTEL BUILDING AND A 6,040 SQUARE FOOT RESTAURANT BUILDING LOCATED AT 847 EAST
ANDREAS ROAD IN SECTION 14 SPECIFIC PLAN AREA. (CASES #DP 2023-0017, CUP 2023-0018, AND STM 2023-0014) (GM)
FROM: DEPARTMENT OF PLANNING SERVICES
SUMMARY:

This is a request for the Planning Commission to consider a Tentative Tract Map for a one (1) lot subdivision for condominium purposes, a Major Development Permit and associated Mitigated Negative Declaration for the redevelopment of a 5.64-acre existing paved parking lot site with a nine-story resort hotel, a residential building consisting of 125 hotel rooms and 132 residential condo units, and a 6,040-square foot freestanding restaurant building. A Conditional Use Permit (CUP) is required for a High-Rise Building per Section 93.04.00 of the Palm Springs Zoning Code (PSZC) and pool bar and rooftop social club in the Section 14 Specific Plan. The proposed lot is located on leased land and owned by Nexus Development.

RECOMMENDATION:

That the Planning Commission take the following actions:

1. Adoption of the Mitigated Negative Declaration.

2. Approve the Tentative Tract Map (STM 2023-0014).

3. Approve a Major Development Permit (DP-2023-0017).

4. Approve a Conditional Use Permit (CUP 2023-0018) for a high-rise building and pool bar and rooftop social club per the Section 14 Specific Plan.

BUSINESS PRINCIPAL DISCLOSURE:

The applicant has submitted a Business Disclosure form stating that the property is owned by Nexus Development Inc., as described in the attached form.

Item 2C - Page 187
PROJECT DESCRIPTION:

The Nexus Hotel and Residential Project proposes redeveloping an existing paved parking lot with a nine-story resort hotel and residential building consisting of 125 hotel rooms and 132 residential condominium units which will be associated with the hotel and have access to hotel amenities and services; and a 6,040 square foot standalone restaurant.

The hotel also includes a kitchen and “back of house” areas including offices, housekeeping and similar operation-related space. In total, the Project proposes 374,933 square feet (SF) of hotel and residential building space, 6,040 SF of standalone restaurant space, and 174,933 SF of parking garage space.

The hotel portion of the building will be seven-stories, and the residential portion will be nine-stories The Project includes onsite amenities catering to visitors and residents including an onsite parking structure and garage, indoor event space and an event lawn, indoor meeting space, three pools and a pool bar, a hotel ground floor restaurant and bar, a rooftop terrace and social club on the hotel’s 7th floor, and ground floor residents’ lounge and fitness center in the residential building.

The hotel portion offers up to 125 hotel rooms will be located in the west wing of the main building located on the 2nd through 6th floors; the 7th floor consists of a 3,525 SF social club and club terrace. The hotel also includes a 1,716 SF fitness center on the 2nd floor. The maximum height of the hotel portion of the Project, excluding the mechanical units, will be 85 feet 8 inches (seven stories).

The residential portion offers up to 132 residential condo units located in the east wing of the main building. On a 5.65-acre site, this represents a density of 24 DU/AC, consistent with the allowable density of 30 DU/AC for the TRC designation. Residential units are located on the 1st (ground level) through 9th floors. The maximum height of the residential portion is 99’ 8” (9 stories), excluding the mechanical equipment. The standalone restaurant is single-story and located on the southwest quadrant of the site.

Tentative Tract Map
A Tentative Tract Map (#38843) to merge a total of three (3) existing smaller parcels into one (1) parcel equaling 5.64-acres. The other purpose of the TTM will be for condominium purposes consisting of 132 residential units. These units will be managed by the hotel and can be occupied on a short-term basis.

Major Development Permit
The purpose of a Major Development Permit is to ensure that the proposed development is consistent with the Section 14 Specific Plan, and the Palm Springs Zoning Code (PSZC) per regulations, and policies of the City; that the location, height, massing, and placement of the proposed development is consistent with applicable standards; and that the necessary infrastructure is in place to serve the proposed development.

Item 2C - Page 188
BACKGROUND AND SETTING:

Related Relevant City Actions by Planning, Fire, Building, etc… 1/13/2025 Initial Study resulting in a Mitigated Negative Declaration was circulated for a 20-day review period ending on 2-3-25
3/25/25 Tribal Council of the Agua Caliente Band of Cahuilla Indians reviewed the project and forwarded a set of conditions of approval to the City Council. 8/27/2025 The Initial Study Response to Comments posted to City website Property Posting
7/20/23 Property posted with “Project Under Consideration” sign DETAILS OF APPLICATION REQUEST:

Site Area

5.64-Acres
General Plan, Zoning and Land Uses of Site & Surrounding Areas Existing General Plan
Designations
Existing Zoning
Designation
Existing Land Use
Site TRC (Tourist-Resort) R-A (Resort Attraction) Parking Lot North HDR (High Density
Residential)
HR (High Density
Residential)
Plaza Villas Condos
South TRC (Tourist-Resort) R-E-O (RetailEntertainment-Office)Kaptur Court East TRC (Tourist-Resort) R-E-O (RetailEntertainment-Office)Renaissance Hotel West TRC (Tourist-Resort) R-A (Resort Attraction) Hilton Hotel Pursuant to Chapter 6: Land Use Regulations and Development Standards of the Section 14 Specific Plan the following standards apply:

Standard Required/ Allowed Provided Comply
Hotel Density 86 rooms per acre 45 rooms per
acre
Y
Building Height A maximum height of 35 feet shall
be permitted, except for high-rise
buildings subject to a CUP.

Maximum height shall be 100 feet

99.8 Feet Y
(with CUP)
Open Space For high-rise buildings a minimum of
40% of site area shall be usable
landscaped open space and outdoor
living/rec area
63% open
space
Y
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Item 2C - Page 189
Compatibility with
surrounding
development
The rear and side walls of the
building visible from adjacent lots or
streets shall be finished. Parking
garages shall be screened similar in
color, material, and detail as main
building
Building and garage
finished on all sides
Y
Building Location Buildings to be located as close
as possible to required front
setback
Front yard setback at
62 feet for main hotel Y
Ground Floor
Façade
Treatment
Visual interest along the ground
floor wall in the form of
pedestrian entrances, display
windows, a pedestrian friendly
environment.

Hotel and residence dropoff areas with extensive
landscaping and
restaurant outdoor seating
provide visual interest at
street level
Y
Front Yard
Setback
Minimum setback shall be 20 feet 62 feet on E. Andreas
35 feet on El Segundo Y
Features
required within
front setback
At least 50% of the front yard
setback shall be decorative
landscaping, the remainder
decorative paving
Extensive landscaping in
street frontages with
decorative paving for
drop-off areas
Y
Side Yard
Setback
A minimum side yard shall be 20
feet
26 feet Y
Rear Yard
Setback
A minimum rear yard shall be 20
feet
30 Feet Y
Setbacks for
High-Rise
Buildings
High-rise buildings in Section 14
are exempt from PSZC Sec

93.04.00. However, high-rise
buildings shall have a minimum
setback of one (1) foot of horizontal
setback distance from any
residential district for each one (1)
foot of vertical rise of the building.

Additional site-specific setbacks
may be imposed through the CUP
process based on the relationship
of the high-rise building to its
surroundings. (per 93.04.00(C)(3)
132 feet to nearest
residential development
(Plaza Villas)
Y
Minimum Lot
Area
Lots shall be a minimum of two (2)
gross acres
Site consists of 5.64 acres Y
Item 2C - Page 190
ANALYSIS:

Section 14 Specific Plan/Zoning
The project is located within the boundaries of the Section 14 Specific Plan. Under the Plan, the Project is exempt from the City’s regulations as provided in its zoning codes and subject to a separate set of development regulations and standards. Per the Specific Plan guidelines, the Project will not exceed the maximum allowed height of 100 feet, at least 40% of the planning area will be allotted for open space, and proper design features will be implemented to ensure the Project’s integration into the existing natural and built environment. The proposed hotel, residential, and restaurant land uses are allowed under permitted and conditionally permitted developments in the Resort Attraction designation.

The Project includes a Land Use Permit (LUP) and a Conditional Use Permit (CUP). The LUPs are for the standalone, full-service restaurant, hotel restaurant and bar, and coffee shop. The CUP is for the pool bar and roof top social club. All the proposed commercial/retail shops are either permitted or conditionally permitted with applicable permits. The Project is consistent with the Specific Plan land use and developed guidelines.

The Project design and components adhere to the development standards established by the Section 14 Specific Plan for commercial development, per its RA designation.

The Project will be subject to the following Specific Plan regulations and design standards:
• Building Height: No onsite structure, classified as a high-rise building, shall exceed 100 feet, not including equipment on the building. • Open Space: At least 40 percent of the site area shall be developed for usable landscaped open space and outdoor living and recreation area. • Compatibility: The rear and side walls of buildings which are visible from adjacent lots or streets shall be treated with an equivalent design quality as the front wall. The walls of any parking structure shall be similar in color, material, and architectural detail with the building it serves.
• Building Location: Buildings should be located as close as possible to the required front setback.
• Ground Floor Façade Treatment: Visual interest shall be provided with decorative walls, trellises, landscaping, and other devices for any building not within 25 feet of a primary frontage (i.e. Tahquitz Canyon Way and Indian Canyon Drive).

Setback for High-Rise Buildings: A minimum setback of one (1) foot of horizontal setback distance from any residential district for each one (1) foot of vertical rise of the building.

The Agua Caliente Band of Cahuilla Indians Tribal Council reviewed the proposal at the March 25, 2025 meeting and recommends approval of the project subject to the following conditions:

1. All Washingtonia Robusta/Mexican Fan Palms shown on the Preliminary Item 2C - Page 191
landscape plans shall be removed and or/replaced with Washingtonia Filifera/California Fan Palms.

2. The presence of an approved Agua Caliente Native American Cultural Resource Monitor shall be present during any ground disturbance activities (including archeological 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.

Site Plan:

The proposed project is in the Section 14 Specific Plan area that has its own land use regulations and development standards which the project has been evaluated against.

The specific plan is meant to provide guidelines for uses that builds upon the existing strengths of the area, offers the desired elements that are currently missing in Downtown and comprehensively coordinates and connects the areas development. The large undeveloped 5.64-acre lot allows for the type of large-scale resort hotel development meant to support the adjacent convention center and other tourist activities in the City.

The proposed plan meets all the standards set out in the Section 14 specific plan. The site plan places the main hotel and residence buildings in an “L” shape configuration around the outdoor amenities including multiple pools, event spaces, and patios. The placement of the large structure reflects the rectangular nature of the lot meeting the setbacks for a high-rise building. The amenities portion on the ground floor will be internal to the resort hotel with two pools separated by the event lawn and flex/ballroom. The main entrance to the hotel/residence’s is on East Andreas Road with two separate drop-off areas for each component. The five (5) level garage is located on the southeast side of the building with little visual impact on the street. A 6,040-square foot freestanding restaurant will front North Calle El Segundo with a separate drop-off motor court. A 5,023- square foot ballroom/Flex Space is placed at the south center portion of the site. A twoway driveway wraps the site to the south providing back of house operations, garage deck parking access, and fire access. The project as designed meets the development standards and does not require any variances or deviations.

Access and Circulation
The Project current site boundaries are defined by East Andreas Road to the north, Kaptur Court to the south, an alley way to the east, and North Calle El Segundo to the west. The Project proposes the development/improvement of two alley ways along the site’s eastern and southern perimeter which are to be accessible from North Calle El Segundo and East Andreas Road. Access to the Project site is as follows:

Item 2C - Page 192
Parking:

The parking standards are set forth in the Section 14 Specific Plan and the proposed project consists of a hotel, condominium units, meeting spaces, restaurant, rooftop social club, fitness center, and various back-of-house operations. Parking is to be provided in an underground garage for 100 spaces below the hotel and joint lobby area. The remaining 400 spaces will be provided in a five (5) level garage attached to the residential tower. The parking is calculated with joint use meaning that a hotel guest/resident may use the on-site restaurant, ballroom, or social club and occupy one designated parking space. Each of the intended uses has been analyzed based upon the number of units and the square footages for each ancillary use as follows:

Parking Parking Ratio Spaces
Hotel • 1 space per room, up to 50
• .75 space per room over 50
50 spaces
56 spaces
Residential • 1.25 for 1 BR unit
• 1.50 for 2 BR units
• 2.25 for 3 BR units
• 1 guest space for every 4 units
50 spaces
78 spaces
68 spaces
31 spaces
Restaurant/Ballroom • 1 space per 60 sf of restaurant and other areas + additional 20% for employees
• 1 space for 30 sf of largest public space
(ballroom)
46 spaces
120 spaces
Total Parking Required
Total Parking Provided
497 spaces
500 spaces
Onsite Parking
• Underground Garage: Located underneath the hotel portion of the main building, or northeast portion of the planning area, the underground garage consists of 100 standard parking spaces with elevator access to the ground floor. The garage will be utilized by the restaurant valet, visitors, and the public. • Parking Structure: Located on the southeast corner of the site, and accessed at two points, one on the west side of Alley Way bounding the site’s eastern side and the second access point on the north side of the Alley Way bounding the site’s southern side. The parking structure consists of five (5) levels, with the ground level providing 80 parking spaces, level 2, 3, and 4 each providing 85 standard parking spaces, and level 5 providing 65 parking spaces, for a total of 400 spaces. The structure will be attached to the residential portion of the main building, providing residents with direct access.

Item 2C - Page 193
Mass and Scale – High-Rise Consideration
The proposed building will have a maximum height of one hundred (100) feet equaling nine-stories. A mechanical service area and elevator shaft will extend an additional fifteen (15) feet above the top roof line. The Section 14 Specific Plan permits buildings of the proposed height with a Conditional Use Permit per Section 94.02.00 of the PSZC and approved by the Planning Commission. The development standards provide greater setbacks for the taller building at 132 feet from the nearest residential development with extensive landscaping and open space along East Andreas Road and North Calle El Segundo. The location of the building adjacent to the Plaza Villa condominium complex requires the building to have a greater setback. The attached exhibits include a solar study showing how the building’s height will cast shadows at different times of the year.

The greatest shade will occur at the winter solstice when the sun is at its lowest point per the study.

The Section 14 Specific Plan as detailed in the intent of the document states that development should achieve the following goals:
• Maximize and coordinate the development potential of Indian Trust and fee lands in Section 14.
• Ensure compatibility with existing, proposed, and planned development in the Downtown area.
• Encourage the revitalization of existing uses and as well as the development of new ones.
• Plan for infrastructure (streets and utilities) to support the proposed uses. • Encourage high-quality development, architecture, and landscape continuity.

The proposed resort hotel meets the intent of the Section 14 Specific Plan as the project is compatible with adjacent hotels and Downtown developments; provides for the redevelopment of the existing parking lot; and proposed building design is of high-quality with the use of superior building materials, and extensive landscaping/open space and the proposed building height is consistent with the Specific Plan.

Building Design and Landscaping:

Architectural details and landscaping will be reviewed by the Architectural Review Committee (ARC) upon approval of the Development Permit by the Planning Commission.

ENVIRONMENTAL ASSESSMENT
An Initial Study (IS) resulting in a Mitigated Negative Declaration (MND) was available for public viewing with a 20-day comment period beginning on January 13, 2025 and ending on February 3, 2025.

The Initial Study analyzed the following: Aesthetics, Air Quality, Biological Resources, Cultural Resources, Energy Resources, Geology and Soils, Greenhouse Gas Emissions, Hazardous Materials, Hydrology and Water Quality, Noise, Population and Housing, Item 2C - Page 194
Public Services, Transportation, Tribal Cultural Resources, and Utilities and Service Systems.

Less Than Significant Impacts:

From the conclusions of the IS the following were determined to have less than significant impacts and no further mitigation measures are required: Aesthetics, Energy, Hazards and Hazardous Materials, Noise, Hydrology, Public Services, and Utilities and Service Systems.

Less Than Significant Impacts with Mitigation Measures:

From the conclusions of the IS the following were determined to have less than significant impacts if further mitigation measures are implemented: Biological Resources, Cultural Resources, Geology and Soils, and Transportation.

The IS concluded that the implementation of the Mitigation Measures the project impact can be reduced to less than significant.

RESPONSE TO COMMENTS (RTC)
The review of the Initial Study for the project included a 20-day comment period for the release of the document and the City received a total of five (5) letters of comments during the review period. Per CEQA Guidelines, the written comments received during the public review period for an IS must be responded to in writing. The responses to comments must provide reasonable, good faith analyses regarding all significant environmental issues raised in the IS comments. The complete reply is included in the Response to Comments attached to this staff report (see Attachments).

FINDINGS – TENTATIVE TRACT MAP (CASE STM 2023-0014)
Pursuant to Section 66474 of the Subdivision Map Act, the following findings must be made relative to the proposed map:

1. The proposed Tentative Tract Map or Tentative Parcel Map is consistent with all applicable general and specific plans.

The Tentative Tract Map (TTM) will merge a total of three (3) existing smaller parcels into one (1) parcel for condominium purposes. The final lot will equal 5.64-acres in size for the purpose of future hotel and residential condominium development consistent with the Section 14 Specific Plan land use designation of Tourist-Resort-Commercial (TRC). The Tourist-Resort-Commercial (TRC) land use provides for large-scale resort hotels including a broad range of ancillary uses principally serving tourists. It is intended that the primary use in any TRC area shall be hotel/tourist-related uses; if residential uses are proposed (timeshares, condominiums) they shall be secondary use to the proposed hotel use.

Specific goals and policies of the TRC include:

Item 2C - Page 195
GOAL LU1: Establish a balanced pattern of land uses that complements the pattern and character of existing uses, offers opportunities for the intensification of key targeted sites, minimizes adverse environmental impacts, and has positive economic results.

LU1.1 Ensure that development meets or exceeds requirements and standards specified within each land use designation.

LU1.4 Encourage the expansion of existing facilities or the introduction of new uses that are of significant importance and contribute exceptional benefits to the City.

Consistency Analysis: The TTM resulting lot allows for hotel and residential development in the City’s Downtown core, extending the resort hotel inventory in the City’s resort center. The Section 14 Specific Plan identifies this site for hotel attraction development, and the Project implements that land use. The Project is designed consistent with the development standards of the Specific Plan and consists of detailed architecture and landscape architecture plans that will enhance the character of the Downtown area. The Project will also generate new sales, transient occupancy and property tax, providing revenue for General Fund expenditures to benefit existing and future City residents. The proposed project will meet the stated goals above and the finding has been met.

2. The design and improvements of the proposed Tentative Parcel Map are consistent with the zone in which the property is located.

The subject 5.64-acre parcel is currently zoned RA (Resort Attraction) which allows for large-scale resort hotel complexes, hotels, and major commercial attractions integrated with retail and entertainment facilities. The approval of the TTM will allow for development consistent with the RA zone and land uses per the TRC designation. Any new project would be consistent with underlying zoning and General Plan Land Use designation and continue through the required entitlement process reviewed by the Planning Commission and the finding has been met.

3. The site is physically suited for this type of development.

The parcel is physically suited for a large-scale resort hotel/residences development as it is currently an undeveloped and underutilized parking lot. The 5.64-acre parcel located in Section 14 adjacent to the Convention Center and Downtown area is an appropriate location for the propose project. The vacant lot is relatively flat with a gentle slope downward from north to south. The parcel is adequate in size to accommodate the intended use that would be consistent with the designated land use. Access will be via existing streets of East Andreas Road and North Calle El Segundo. Proposed conditions of approval will address all required site modifications consistent with City Standards and will assure safe access to the development and the finding has been met.

Item 2C - Page 196

4. The site is physically suited for the proposed density of development.

The Tentative Tract Map will allow the parcel to be developed with a nine-story resort hotel and residential building consisting of 125 hotel rooms and 132 residential condominium units which will be associated with the hotel and have access to hotel amenities and services; and a 6,040 square foot stand-alone restaurant. The proposed TTM will result in the merger of three (3) existing smaller parcels into one (1) parcel. The final lot will be

5.64-acres and is physically suited for the proposed development at a density consistent with the TRC land use designation. The proposed project represents a density of 25 DU/AC, consistent with the allowable density of 30 DU/AC in the TRC designation. The approval of the TTM will allow for the development in a manner that is consistent with the TRC land use and development standards of the RA zone and the finding has been met.

5. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats.

The subject site is a flat existing parking lot. The TTM project has been analyzed in an Intial Study (IS) resulting in a Mitigated Negative Declaration (MND) as part of the development process. The approval of the TTM into one (1) parcel with intended development has the potential to have impacts on the environment, however as the IS has determined that implementation of mitigation measures will reduce any impacts to less than significant as a result of the proposed tract map and the finding has been met.

6. The design of the subdivision or type of improvements is not likely to cause serious public health problems.

7. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision.

Item 2C - Page 197
FINDINGS – MAJOR DEVELOPMENT PERMIT APPLICATION (CASE DP 2024-0002) Section 94.04.01(D) of the Palm Springs Zoning Code (PSZC) requires an evaluation of the proposed development. Staff has analyzed the findings in order below.

1. The proposed project is consistent with the General Plan and any applicable specific plan;
The development proposes constructing a nine-story resort hotel and residential building consisting of 125 hotel rooms and 132 residential condominium units which will be associated with the hotel and have access to hotel amenities and services; and a 6,040 square foot stand-alone restaurant. The project is in an area designated as TouristResort-Commercial (TRC) per the Section 14 Specific Plan with a corresponding zoning classification of RA (Resort Attraction). The project as proposed is a by-right use in the RA zone with a Conditional Use Permit for high-rise building consideration and is consistent with the Section 14 Specific Plan and the development also supports the following goals and policies:

GOAL LU7: Maintain and enhance the City’s status and image as a premier resort destination and cultural center in the Coachella Valley.

Consistency Analysis: The Project will result in a first class resort hotel with all of the amenities expected in Palm Springs’ resort environment. It will also include residential development in the City’s core, and provide new retail and dining opportunities for the City. The Project will also provide a new hotel to support the Convention Center which will be within an easy walking distance to the conference rooms and activities at that location.

LU8.1 Encourage new mixed/multi-use developments in areas that are currently vacant or underutilized.

LU8.4 Allow designated mixed/multi-use areas to contain buildings that are taller than the surrounding neighborhood.

Item 2C - Page 198
Consistency Analysis: The Project will provide resort, commercial and residential land uses in the City’s central core, and eliminate an under-used parking lot. The structures proposed will be consistent with the high-rise provisions of the Section 14 Specific Plan, and introduce a parking structure with alleyway access.

2. The proposed uses are in conformance to the uses permitted in the zone district where the site is located, and are not detrimental to adjacent properties or residents; The subject parcel is zoned RA and the proposed Resort Hotel/Residences is a permitted use per the Section 14 Specific Plan and the proposed project is compliant with the existing land use and zoning designations. The area around the site consists of other hotel, office, retail, and Tribal casino buildings containing a variety of uses that are consistent with the proposed project and the finding has been met.

The Section 14 Specific Plan permits buildings of the proposed height with a Conditional Use Permit per Section 94.02.00 of the PSZC and approved by the Planning Commission.

5. The proposed setbacks and placement of the building are consistent with applicable standards and consistent with setbacks of adjacent buildings; The proposed project has greater setbacks meeting the standards in the Section 14 Specific Plan for high-rise buildings. The site plan places the main hotel and residence buildings in an “L” shape around the outdoor amenities including multiple pools, event spaces, and patios. The main entrance to the hotel/residence’s is on East Andreas Road with two separate drop-off areas for each component. The five (5) level garage is located on the southeast side of the building with little visual impact on the street. A 6,040-square foot freestanding restaurant will front North Calle El Segundo with a separate drop-off motor court. A 5,023-square foot ballroom/Flex Space is placed at the south center Item 2C - Page 199
portion of the site. A two-way driveway wraps the site to the south providing back of house operations, garage deck parking access, and fire access.

6. The site for the proposed project has adequate access to streets and highways properly 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 Project current site boundaries are defined by East Andreas Road to the north, Kaptur Court to the south, an Alley Way to the east, and North Calle El Segundo to the west. The Project proposes the development/improvement of two Alley Ways along the site’s eastern and southern border which are to be accessible from North Calle El Segundo and East Andreas Road. The main entrance to the hotel/residence’s is on East Andreas Road with two separate drop-off areas for each component. The project utilizes existing streets and will require minimal additions to current road infrastructure and the finding has been met.

The resort hotel will have multiple pedestrian points allowing visitors and residences access to the adjacent street sidewalks.

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 landscape will include drought‐tolerant trees (36 and 24‐inch boxes), 12‐foot palms, and ground covers typically found in the region, such as Acacia, Bottle Tree, fruitless olive, desert museum palo verde, African Sumac and Mexican fan palms. Shrubs and accent plantings proposed for the project include agave, Yucca, Natal Plum, and Lantana. Fractured rock, and decomposed granite will provide ground cover. Exterior irrigation will use drip or micro‐spray applicators. The Architectural Review Committee (ARC) will review the final landscape plan.

9. Public infrastructure, such as water, sewer, and similar utilities, is adequate to serve the proposed project;
The Desert Water Agency (DWA) will provide water and City sewer service for the project property. Existing water infrastructure is located adjacent to the project, along the surrounding roadways. Sewer connections to the site will occur in the adjacent streets and Item 2C - Page 200
solid waste will be handled by Palm Springs Disposal Service. Based upon these existing and planned infrastructure improvements the project will meet the finding.

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;
An Initial Study (IS) resulting in a Mitigated Negative Declaration was prepared and made available for public viewing with a 20-day comment period beginning on January 13, 2025 and ending on February 3, 2025. The IS has determined that impacts can be mitigated to less than significant levels for Biological Resources, Cultural Resources, Geology and Soils, Transportation. All other impacts are determined to be less than significant.

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

FINDINGS – CONDITIONAL USE PERMIT (CUP2023-0018)
Sections 94.02.00 and 93.04.00 of the Palm Springs Zoning Code (PSZC) requires that the following conditions be met in order to approve a Conditional Use Permit:

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

The parcel is physically suited for a large-scale resort hotel/residences development as it is currently an undeveloped and underutilized parking lot. The 5.64-acre parcel located in Section 14 adjacent to the Convention Center and Downtown area is an appropriate location for the propose project and the request for a CUP for a high-rise building is consistent with the Specific Plan. The parcel is adequate in size to accommodate the intended high-rise use that would be consistent with the designated land use. Access will be via existing streets of East Andreas Road and North Calle El Segundo. Proposed conditions of approval will address all required site modifications consistent with City Standards and will assure safe access to the development and the finding has been met.

Item 2C - Page 201
The Section 14 Specific Plan designation of the subject property is Tourist-ResortCommercial (TRC) with an underlying zoning of RA (Resort Attraction). According to the Specific Plan, the TRC land use designation is intended to accommodate for large-scale high-rise resort hotel complexes, hotels, and major commercial attractions integrated with retail and entertainment facilities. The approval of the CUP will allow for high-rise and restaurant development consistent with the RA zone and land uses per the TRC designation. The redevelopment of the site will meet the following Section 14 Goals and Actions:

LU8.1 Encourage new mixed/multi-use developments in areas that are currently vacant or underutilized.

LU8.4 Allow designated mixed/multi-use areas to contain buildings that are taller than the surrounding neighborhood.

Consistency Analysis: The Project will provide resort, commercial and residential land uses in the City’s central core, and eliminate an under-used parking lot. The structures proposed will be consistent with the high-rise provisions of the Section 14 Specific Plan, and introduce a parking structure with alleyway access.

Based upon the above enumerated findings relating to the General Plan Goals and Actions the findings have been met.

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

The 5.64-acre project site is located within the Section 14 Specific Plan which is an area designated for resort hotels, restaurants, Tribal casino and other entertainment venues. The redevelopment of the underutilized parking lot for the construction of a nine-story 257-room hotel/residences is appropriate for a site that is fully urbanized with completed street access from East Andreas Road and North Calle El Segundo. The Section 14 Specific Plan permits buildings of the proposed height with a Conditional Use Permit per Section 94.02.00 of the PSZC and approved by the Planning Commission. The development standards provide Item 2C - Page 202
greater setbacks for the taller building at 132 feet to the nearest residential development with extensive landscaping and open space. The proposed development will provide a total of 500 parking spaces which meets the required off-street standards and will accommodate the use and associated activity.

Supporting technical studies for the Initial Study (IS) have been provided stating that the proposed site plan can adequately accommodate the traffic and circulation and the findings have been met.

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

The site is within the Section 14 Specific Plan in an area comprised of multiple large resort hotels one block from the Major Throughfare of East Tahquitz Canyon Way. Access to the site will be from traffic-controlled intersections and will primarily use East Andreas Road and North Calle El Segundo leading to the hotel drop-off points. An ancillary alley way will wrap the site to the south and provide access to the parking garage and back of house operations. Based on the project specific traffic report and separate Vehicles Miles Traveled (VMT) analysis the surrounding road network will be able to handle the anticipated vehicle trips. The proposed project will meet all development standards for the RA zone per setbacks, heights (with approval of a CUP), lighting, and landscaping. The location of the resort hotel/residences is an appropriate location as access onto the site will be from existing roadways. All surrounding intersections are four way stops with nearby larger roads fully signalized with the appropriate number of through and turning lanes. The introduction of a resort hotel/residences plus full-service restaurant would not require additional traffic mitigation measures as the road network is fully built out and does not require modification to accommodate the anticipated traffic volumes. Pedestrian access will be provided via existing sidewalks, and the finding has been met.

Item 2C - Page 203
ENVIRONMENTAL DETERMINATION:

An Initial Study (IS) pursuant to the California Environmental Quality Act (CEQA) has been prepared for the proposed project resulting in a Mitigated Negative Declaration (MND) and will be acted upon by the Planning Commission.

CONCLUSION:

The proposed project generally conforms with the Section 14 Specific Plan, the General Plan, and zoning designation. The proposal is for a Tentative Tract Map as a one (1) lot subdivision for condominium purposes, a Major Development Permit as a by-right use to construct a 257-room resort hotel and residences, and a Conditional Use Permit for a high-rise building of nine-stories and a pool bar and rooftop social club on 5.64-acres.

The Section 14 Specific Plan permits a building with a maximum height of one hundred (100’) feet with the approval of a Conditional Use Permit. The proposed development will comply with all the requirements outlined in the above-mentioned portions of the Section 14 Specific Plan and Palm Springs Municipal Code and Zoning Code. Therefore, Staff recommends approval of the TTM, the adoption of the Mitigated Negative Declaration, the approval of the Major Development Permit and the Conditional Use Permit. Further review by the Architectural Review Committee will evaluate the building architecture, materials, and landscaping.

PREPARED BY: Glenn Mlaker, AICP – Associate Planner
REVIEWED BY: Edward Robertson – Principal Planner
REVIEWED BY: Anthony Riederer, Assistant Director of Planning Services ATTACHMENTS:

1. Vicinity Map

2. Draft Resolution

3. Conditions of Approval

4. Justification Letter

5. Business Disclosure Form

6. Letter from the Agua Caliente Band of Cahuilla Indians

7. Public Comment – Letter from SAFER

8. Mitigated Negative Declaration

9. Response to Comments

10.Site Plan and Building Elevations
Item 2C - Page 204

ATTACHMENT
H
Item 2C - Page 205

SETTLEMENT AGREEMENT AND MUTUAL RELEASE

PRAIRIE SCHOONER PROPERTY
This Settlement Agreement and Mutual Release ("Agreement"), is entered into by and between Plaintiff City of Palm Springs (the "City") on the one hand, and Defendants O & M HR, LLC, Nexus Development Corporation/Central Division, NDC Equities Downtown PS, LLC ("NDC") (collectively, "Corporate Defendants"), on the other hand. The City and Corporate Defendants are hereinafter sometimes individually called a Party or collectively referred to as the "Parties." The "Effective Date" of this Agreement is the date last executed.

RECITALS
A. The City filed a lawsuit entitled City of Palm Springs, a public entity v. 0 & M HR, LLC, Nexus Development Corporation/Central Division, NDC Equities Downtown PS, LLC, Richard Meaney, and Does 1 through 50, inclusive, as Riverside Superior Court Case No.

PSCl 701804 (the "State Court Lawsuit").

B. The Corporate Defendants deny all of the allegations in the State Court lawsuit, and assert certain affirmative defenses.

C. NDC Equities Downtown PS, LLC filed a lawsuit entitled NDC Equities Downtown PS, LLC, a California Limited Liability Company v. City of Palm Springs, a public entity, as United States District Court Case No. 5:19-cv-00100-JGB-SHK ("the Federal Court Lawsuit"). The City denies any liability in the Federal Court Lawsuit. After the District Court granted the City's motion to dismiss the Federal Court Lawsuit, NDC Equities Downtown PS, LLC appealed to the United States Court of Appeals for the Ninth Circuit, Case No. 20-56080. The term "Federal Court Lawsuit" includes the Ninth Circuit appeal, as well as any claims in State Court associated with the Federal Court Lawsuit. The State Court Lawsuit and the Federal Court Lawsuit are referred to collectively in this Agreement as the "Lawsuits."
D. The Lawsuits concern certain real property located at the southeast comer of E.

Andreas Road and N. Calle El Segundo, Palm Springs, California (APNs 508-055-007, 508-055- 008 and 508-055-009) commonly known as the "Prairie Schooner" ·site ("the Prairie Schooner Property"). NDC is the current legal owner of the Prairie Schooner Property.

E. On or about January 7, 2015, the City and NDC Equities Downtown PS, LLC entered into that certain Parking Lot License Agreement ( the "Parking Lot License Agreement"), providing for the use of the Prairie Schooner Property for public parking purposes.

F. It is the intention and desire of the Parties to compromise and settle, fully and completely, the Lawsuits, subject and pursuant to the terms of this Agreement, and without admitting any liability or wrongdoing in connection therewith.

AGREEMENT
NOW, THEREFORE, in consideration of the matters recited above, which are incorporated herein as if recited in full, and in consideration also of the mutual covenants and representations - 1 -
55575. 10020\33584689.3
Item 2C - Page 206
set forth herein, without an admission of liability by any of them, the Parties hereto agree as follows:

1. Consideration. The Parties agree to the following in settlement of the Lawsuits:
(a) Within fifteen (15) days following the Effective Date, the City shall cause to be filed a request for dismissal (with prejudice) of the State Court Lawsuit in its entirety (i.e., as to the Corporate Defendants and Richard Meaney) ( and City's counsel shall deliver a copy of the Court-filed dismissal of the State Court Lawsuit to the Corporate Defendants' Counsel by email promptly following the same being entered by the Court). (b) Within fifteen ( 15) days following the Effective Date, NDC shall cause to be filed a request for dismissal ( with prejudice) of the Federal Court Lawsuit (and NDC's counsel shall deliver a copy of the Court-filed dismissal of the Federal Court Lawsuit to the City's Counsel by email promptly following the same being entered by the Court).
( c) NDC shall, in good faith, use commercially reasonable efforts to pursue the development, financing and construction of a hotel project on the Prairie Schooner Property, which hotel project may include one or more hotel buildings and complementary amenities (the "Hotel Project") during the 5- year period following the Effective Date of this Agreement (the "Development Period"). NDC's obligation set forth in the preceding sentence, together with NDC's obligations pursuant to subparagraph (e)(i) below, shall be referred to as the "Hotel Development Obligations". Subject to further market and feasibility research and analysis by NDC, as of the Effective Date, the Parties contemplate that the Hotel Project may be a select service, premium select service, luxury, or other mid- to high-range hotel. If, despite such good faith, commercially reasonable efforts, NDC is unsuccessful in financing and constructing the Hotel Project within the Development Period, then NDC shall have the right to pursue such other development as permitted under applicable law and applicable City planning and zoning requirements.
( d) City shall, in good faith, take all steps reasonably necessary to expedite NDC's application for the Hotel Project entitlements, consistent with applicable land use and environmental processing requirements, such as public hearing, notice and participation requirements.
( e) In connection with items ( c) and ( d) above, from and after the Effective Date, NDC's and the City's respective representatives shall meet in person ( or video platform if such in person meeting is not feasible due to health mandates or concerns) at least once every one hundred eighty (180) days to discuss the progress of the development, financing and construction of the Hotel Project, with the first such meeting occurring within one hundred 2 55575.10020\33584689.3
Item 2C - Page 207
eighty (180) days following the Effective Date. In advance of each such meeting:
i. NDC shall prepare and submit to the City (A) a written summary of the status of the Hotel Project and (B) a then-current, written projected development schedule, setting forth the projected milestones as set forth in Exhibit "A", attached hereto and incorporated by reference herein (it being acknowledged and agreed by the City that any such schedule would constitutes estimates and projections, which may be subject to change); and,
ii. City shall prepare and submit to NDC a written summary of the status of any pending applications to the City (including to any Committee, Commission or other subdivision thereof) by NDC for the Hotel Project entitlements.
(f) In the event NDC voluntarily transfers the Prairie Schooner Property at any time during the Development Period, (i) NDC shall provide City with at least thirty (30) days' prior written notice thereof, and (ii) NDC shall cause the applicable transferee to assume, by way of a covenant enforceable by either the City or any of the Corporate Defendants, the Hotel Development Obligations for the remaining balance of the Development Period. (g) City will have the right to include the following conditions of approval in connection with its issuance of any building permit for the Hotel Project:
55575.10020\33584689 .3

1. NDC will, at no cost to NDC, cause to be constructed during the period of construction of the Hotel Project a walkway generally commencing adjacent to the Hotel Project and ending in or near downtown Palm Springs ( the specific path of travel to be agreed upon by NDC and City) ("the Walkway Project"), provided that (A) City shall pay NDC for all out-of-pockets costs incurred by NDC in connection therewith ( excluding (for the avoidance of doubt) any profit to NDC, unless and to the extent the construction of the Walkway Project extends beyond the period of construction of the Hotel Project for reasons outside ofNDC's control), (B) NDC's and City's obligations with respect to the Walkway Project shall be structured in a way so that the Walkway Project qualifies as a work of public improvement under Labor Code section 1720( c )(2) and the Hotel Project does not constitute/qualify as a work of public improvement, and (C) NDC shall be relieved of its obligations to construct the Walkway Project in the event City has not procured, as of the date ofNDC's commencement of construction (defined as the commencement of the construction of the hotel building foundation) of the Hotel Project, all rights of way and other access permits necessary to commence and complete the Walkway Project during the period of construction of the Hotel Project. The Parties 3 Item 2C - Page 208
env1s10n the Walkway Project to consist of a covered/shaded connection between the Hotel Project and downtown Palm Springs, though the ultimate, specific design shall be reasonably determined by City in consultation with NDC.

11. Following opening of the Hotel Project to the general public, the then current owner (i.e., NDC or any successor owner) of the Hotel Project shall be obligated to pay to the City during its period of ownership of the Hotel Project the transient occupancy taxes then applicable to hotels in the City. IfNDC or its successor voluntarily transfers the Hotel Project, they shall cause the applicable transferee to assume, by way of a covenant enforceable by either the City or any of the Corporate Defendants, the contractual obligation to pay to the City such transient occupancy taxes.
(h) Within sixty (60) days following the Effective Date of this Agreement, a revised and restated parking lot license agreement, in substantially the form attached hereto as Exhibit "B" and incorporated by reference herein, shall be entered into between the City and NDC, on substantially the same terms as the existing Parking Lot License Agreement, except as follows: (i) upon NDC's submittal of a completed planning application to City (in accordance with the City planning application process requirements then-applicable to similar projects), City will begin paying to NDC a license fee equal to $2,000 per month, (ii) upon NDC's submittal of a completed building permit application, City will begin paying to NDC a license fee equal to $4,000 per month, (iii) following NDC's submittal of a completed building permit application, either party shall have the right to terminate the License upon thirty (30) days' notice to the other, (iv) Section 6 of the Parking Lot License Agreement (i.e., City's first right of negotiation in the event of NDC's proposed sale of the Prairie Schooner Property) shall be deleted; and ( v) references to the Aberdeen Project shall be deleted. (i) NDC and City shall collaborate in good faith in preparing and issuing a joint public statement, announcing the mutual resolution of the Lawsuits.

2. Attorneys' Fees. The Parties will bear their own attorneys' fees and costs related to the Lawsuits, and the facts alleged in the Lawsuits, including the negotiation and preparation of this Agreement.

3. Default/Breach. In the event of a breach of this Agreement, the non-defaulting Party may seek any legal or equitable relief available by law or in equity that may be available to that Party. For purposes of this Agreement, (a) a default by NDC in meeting the Hotel Development Obligations, following written notice by City and a reasonable opportunity to cure such default, shall be deemed a material breach of this Agreement by NDC, and (b) a default by City in meeting its obligation to expedite NDC's application for the Hotel Project entitlements pursuant to Section 1 ( d) above, following written notice by NDC and a reasonable opportunity to cure such default, shall be deemed a material breach of this Agreement by City. Notwithstanding 4 55575.10020\33584689.3
Item 2C - Page 209
any provision of this Agreement or any law to the contrary, and in addition to any legal or equitable relief available by law or in equity to City, in the event NDC submits during the Development Period a land development application with respect to the Prairie Schooner Property for a nonHotel Project, the City shall be entitled to withhold or deny the processing or approval of such land development application.

4. Mutual Release. Except for the rights and obligations arising out of this Agreement, the Parties on behalf of themselves in all capacities and their respective attorneys, insurers, accountants, agents, representatives, beneficiaries, executors, predecessors, successors, and assigns ( collectively "Related Parties"), agree to and do fully release and discharge each other and their respective partners, members, shareholders, affiliates, parent entities, subsidiaries, related companies, directors, officers, employees, attorneys, insurers, accountants, agents, representatives, beneficiaries, executors, predecessors, successors, and assigns ( collectively "Released Parties"), from any and all claims, obligations, demands, expenses, costs or causes of action of any type, known or unknown, suspected or unsuspected, which any of them now owns or holds or at any time owned or held against each other with respect to (i) the Prairie Schooner Property, and/or (ii) the matters covered by the Lawsuits (whether raised in the Lawsuits or not) (items (i) and (ii) collectively referred to as the "Released Matters"). For the avoidance of any doubt, "Released Parties" specifically includes Curtis R. Olson, but specifically excludes Richard H. Meaney, Steven Pougnet and John Wessman.

5. Waiver of Civil Code section 1542. Except for the rights and obligations arising out of this Agreement, it is the intention of the Parties that the release entered into as part of this Agreement shall be effective as a bar to all actions, causes of action, obligations, costs, expenses, attorneys' fees, damages, losses, claims, liabilities and demands of any character, nature, and kind, known or unknown, suspected or unsuspected, to be so barred with respect to the Released Matters; in furtherance of which intention the Parties expressly waive any and all right and benefit conferred upon them with respect to the Released Matters by the provisions of Section 1542 of the California Civil Code, 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 favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

The Parties hereby acknowledge that the foregoing waiver of the provisions of Civil Code section 1542 was bargained for separately. The Parties expressly agree that the release provisions contained herein shall be given full force and effect in accordance with each and all of their express terms and provisions, including but not limited to those terms and provisions relating to unknown or unsuspected claims, demands, and causes of action with respect to the Released Matters. The Parties specifically agree to assume the risk of the subsequent discovery or understanding of any matter, fact, or law which if now known or understood would in any respect have affected this Ill
5 55575.10020\33584689.3
Item 2C - Page 210
Agreement.

Initials:

6. No Assignment of Claims. The Parties represent and warrant that they have not sold, assigned, or transferred, or purported to sell, assign, or transfer, and shall not hereafter sell, assign, or transfer, any obligations, liabilities, demands, claims, costs, expenses, debts, controversies, damages, rights, actions, or causes of action released pursuant to this Agreement.

7. Further Assurances. The Parties agree to take any action or execute any document as may be reasonably necessary to effectuate this Agreement.

8. Severability. Should any term of this Agreement be deemed unlawful, that provision shall be severed and the remaining terms shall continue to be valid and fully enforceable.

9. Authority. The signatories to this Agreement represent and warrant that they have the authority to enter into this Agreement and bind the applicable Party.

10. Amendment. No modification of this Agreement shall be valid unless in writing and signed by all of the Parties and their attorneys. The Parties shall not be bound by any representation, warranty, promise, statement, or information, unless it is specifically set forth in this Agreement.

11. Waiver. The failure of any Party to insist upon strict observance of, or compliance with, all of the terms of this Agreement in one or more instances, shall not be deemed to be a waiver of that Party 's right to insist upon such observance or compliance with the other terms of this Agreement.

12. Binding Effect. This Agreement shall bind and inure to the benefit of the successors and assigns of the Parties to this Agreement.

13. Not a Statutory Development Agreement. This Agreement is not a statutory development agreement as described by California Government Code Section 65864, et seq. This Agreement confers no vested entitlements with respect to the development of the Prairie Schooner Property. This Agreement does not limit, in any way whatsoever, any authority the City may have to lawfully increase development impact fee, change any planning or zoning law or land use regulations, or otherwise lawfully exercise all powers available to the City pursuant to its police power, statutes, and judicial decision (specifically excepting, however, any powers available to the City pursuant to its police power, statutes, and judicial decision with respect to the Released Matters).

14. Governing Law. This Agreement shall in all respects be interpreted, enforced, and governed by and under the laws of the State of California. The Parties hereto agree that any subsequent action relating to this Agreement shall be instituted and prosecuted in the County of Riverside, California. Each Party consents to personal jurisdiction. 6 55575.10020\33584689.3
Item 2C - Page 211
Agreement.

Initials:
-~

7. Further Assurances. The Parties agree to take any action or execute any document as may be reasonably necessary to effectuate this Agreement.

8. Severability. Should any term of this Agreement be deemed unlawful, that provision shall be severed and the remaining terms shall continue to be valid and fully enforceable.

9. Authority. The signatories to this Agreement represent and warrant that they have the authority to enter into this Agreement and bind the applicable Party.

11. Waiver. The failure of any Party to insist upon strict observance of, or compliance with, all of the terms of this Agreement in one or more instances, shall not be deemed to be a waiver of that Party's right to insist upon such observance or compliance with the other terms of this Agreement.

12. Binding Effect. This Agreement shall bind and inure to the benefit of the successors and assigns of the Parties to this Agreement.

15. Court to Retain Jurisdiction to Enforce Settlement. The Parties agree to, and do mutually request that the Court in the State Court Lawsuit retain jurisdiction to enforce this Agreement under Code of Civil Procedure section 664.6. The Parties instruct their attorneys to obtain an order from the Court in the State Court Lawsuit to retain jurisdiction under Section 664.6 for such purposes before entering dismissal of the State Court Lawsuit. If necessary, the Parties agree to sign a separate written request that the Court retain jurisdiction under Section 664.6.

16. Attorneys' Fees to Enforce Agreement. Each Party consents to the personal jurisdiction of the court and stipulates and agrees that in the event any Party to this Agreement commences any legal proceeding concerning any aspect of this Agreement, including but not limited to the interpretation or enforcement of any of its provisions or based on an alleged dispute, breach, default or misrepresentation in connection with any aspect or provision of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and all costs and expenses incurred in connection with the action or proceeding, including court costs and collection expenses, whether or not such action or proceeding ultimately results in judgment. The "prevailing party" means the Party determined by the court to have most nearly prevailed, even if such Party did not prevail in all matters, not necessarily the one in whose favor judgment is rendered. If the court fails or refuses to make a determination of the prevailing party, the Party who is awarded costs of suit shall be deemed to be the prevailing party for purposes of awarding attorneys' fees.

17. No Admission of Liability. This Agreement is the result ofa compromise and shall never at any time nor for any purpose be considered an admission of liability or responsibility on the part of any Party herein released, nor shall the payment of any sum of money in consideration for the execution of this Agreement constitute or be construed as an admission of any liability whatsoever, by any Party herein released, all of which continue to deny such liability and to disclaim such responsibility.

18. Counterparts. This Agreement may be executed in one or more counterparts, any one of which shall be binding on any Party signing thereon. Photocopies, facsimile copies, and scanned original documents shall be deemed originals and shall be valid, binding, and enforceable in accordance with their terms.

19. Complete Agreement. This Agreement constitutes the entire agreement and understanding between the Parties concerning the subject matter hereof, and supersedes and replaces all prior negotiations and proposed agreements, written and/or oral. Each Party acknowledges to the other Parties that no Party or agent or any attorney of any Party has made any promise, representation, or warranty whatsoever, express or implied, written or oral, not contained herein concerning the subject matter hereof to induce it to execute this Agreement, and each Party acknowledges that it has not executed this Agreement in reliance upon any promise, representation, or warranty not contained herein.

20. Meet and Confer. If any provision of this Agreement shall be found to be invalid in any respect and cannot be construed to effectuate its intended purpose, the Parties agree to meet and confer for the purpose of modifying in writing the provision in a mutually acceptable manner so as to effectuate the intent of this Agreement.
7 55575.10020\33584689.3
Item 2C - Page 213

21. Neutral Interpretation. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party.

22. Consultation with Counsel. The Parties, and each of them, represent and declare that they have carefully read this Agreement and know and understand its contents, and have had the advice of counsel regarding the same ( or ample opportunity to consult with counsel of their choosing), and that they sign the same freely and voluntarily.

23. The headings contained in this Agreement are for reference purposes only and shall in no way affect the meaning or interpretation of it.

WHEREFORE, EACH OF THE UNDERSIGNED HEREBY DECLARES THAT THE

TERMS OF THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE HA VE BEEN

COMPLETELY READ AND ARE FULLY UNDERSTOOD, AND BY EXECUTION HEREOF

VOLUNTARILY ACCEPTS THE TERMS WITH THE INTENT TO BE LEGALLY BOUND THEREBY.

IN WITNESS WHEREOF, the Parties have executed this SETTLEMENT AGREEMENT AND MUTUAL RELEASE effective as of the date last signed below. [SIGNATURES CONTINUED ON FOLLOWING PAGE]
8 55575.10020\33584689.3
Item 2C - Page 214

SIGNATURE PAGE
TO

SETTLEMENT AGREEMENT AND MUTUAL RELEASE

PRAIRIES SCHOONER PROPERTY
Dated: January 28, 2021
Dated: January_, 2021
Dated: January_, 2021
CITY OF PALM SPRINGS, a charter City and
By: J)~~ R•, Its: C i " J!'
APPROVED AS TO LEGAL FORM:

BEST BEST & KRIEGER, LLP
City Attorney

O&MHR,LLC
By: ___________ _
Its: ____________ _

NEXUS DEVELOPMENT CORPORATION/

CENTRAL DIVISION
By: ___________ _
Its: ____________ _
[SIGNATURES CONTINUED ON FOLLOWING PAGE]
Dated: January_, 2021 NDC EQUITIES DOWNTOWN PS, LLC
By: ___________ _
Its: ____________ _
9 55575.10020\33584689 .3
Item 2C - Page 215

SIGNATURE PAGE
TO

SETTLEMENT AGREEMENT AND MUTUAL RELEASE

PRAIRIES SCHOONER PROPERTY
Dated: January _, 2021
Dated: January 29 , 2021
Dated: January2'i' , 2021
CITY OF PALM SPRINGS, a charter City and
California municipal corporation
By: ___________ _
Its: -------------
APPROVED AS TO LEGAL FORM:

BEST BEST & KRJEGER, LLP
By: ____________ _
Jeffrey S. Ballinger
City Attorney

O& M HR, LLC

NEXUS DEVELOPMENT CORPORATION/

CENTRAL DIVISION
[SIGNATURES CONTINUED ON FOLLOWING PAGE]
Dated: January V1 , 2021 NOC EQUITIES DOWNTOWN PS, LLC
/lf,pJ?
9 55575.10020\335846893
Item 2C - Page 216
EXHIBIT "A"

PRAIRIE SCHOONER HOTEL PROJECT
PRELIMINARY PROJECT SCHEDULE (PREPARED 12/31/2020}
Description Estimated Date
Commence Brand Research and Financing Feasibility Analysis 2/1/2021 Select Hotel Brand & Commence Concept Design 10/1/2021
Submit Completed Planning Application 2/1/2022
Obtain Non-Appealable Entitlements/Commence Construction Docs 1/31/2023 Submit Building Permit Application 7/31/2023
Building Permit Ready for Issuance 1/31/2024
Select Construction Financing Source(s) 4/30/2024
Commence Construction 5/1/2024
Hotel Opening 1/31/2026
Cautionary Note: The tasks and estimated dates set forth herein are only projections, are not guarantees and do not constitute any contractual obligations or promises. These projections are based on expectations, estimates, assumptions and beliefs that involve numerous risks and uncertainties. Although we believe these projections are based on reasonable assumptions, these assumptions may prove to be incomplete or incorrect due to the effects of, among other things, future economic, competitive and market conditions and unanticipated events, all of which are difficult or impossible to predict accurately and many of which are beyond our control.

Consequently, actual results, performance and timing will most likely vary from that set forth herein since the future is inherently uncertain and unpredictable. 10 55575.10020\33584689.3
Item 2C - Page 217
EXHIBIT "B"
PARKING LOT LICENSE AGREEMENT (RESTATED}
[ATTACHED ON FOLLOWING PAGES]
11 55575.10020\33584689 .3
Item 2C - Page 218
[Prairie Schooner Site]

AMENDED AND RESTATED PARKING LOT LICENSE AGREEMENT
This AMENDED AND RESTATED PARKING LOT LICENSE AGREEMENT (this "Agreement") is entered into as of January 29, 2021 (the "Effective Date"), by and between NDC EQUITIES DOWNTOWN PS, LLC, a California limited liability company ("NDC"), and THE CITY OF PALM SPRINGS, a California charter city ("City").

RECITALS
A. NDC is the owner of certain real property located at the south-east corner of E. Andreas Road and N. Calle El Segundo, Palm Springs, California (APNs 508-055-007, 508-055-008 and 508-055-009) (the "Property"), which NDC acquired from City pursuant to that certain Purchase Agreement and Escrow Instructions, dated October 25, 2011, as amended by that certain First Amendment to Purchase Agreement and Escrow Instructions, dated December 1, 2014 (the "Purchase Agreement").

B. City is currently using the Property as a public parking lot pursuant to that certain Parking Lot License Agreement entered into by NDC and City on or about January 7, 2015 (the "Prior Agreement"), subject to the terms and conditions set forth in the Prior Agreement.

C. Concurrently herewith, NDC and City are entering into a Settlement Agreement and Mutual Release (the "Settlement Agreement") pursuant to which NDC and City have agreed to settle certain existing lawsuits with respect to the Property as more particularly described in and subject to the terms and conditions of the Settlement Agreement.

D. Pursuant to the Settlement Agreement, NDC has agreed to, in good faith, use commercially reasonable efforts to pursue the development, financing and construction of a hotel project on the Property, which hotel project may include one or more hotel buildings and complementary amenities (the "Hotel Project") during the 5-year period following the Effective Date of the Settlement Agreement (the "Development Period").

E. Pursuant to Section l{h) of the Settlement Agreement, NDC and City desire to enter into this Agreement whereby the Prior Agreement is amended and restated in its entirety and NDC grants to City the non-exclusive right to continue to use the Property as a public parking lot, subject to the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the terms, covenants and conditions hereof, and for other good consideration, the receipt and sufficiency of which are hereby acknowledged, NDC and City hereby agree as follows:

1. License. Subject to the terms and conditions set forth herein, NDC hereby grants to City a non-exclusive license (the "License") for City and its employees, representatives, agents, contractors, guests and invitees (collectively, "Permittees") to use the Property for public parking purposes only (the "Permitted Use") during the License Term (defined below). No license fee shall be payable to NDC by City or its Permittees in connection with the use of the Property for such Permitted Use except as follows:
(a) upon NDC's submittal of a completed planning application to City (in accordance with the City planning application process requirements then applicable to similar projects) prior to the expiration of the Development Period, City shall begin paying to NDC a license fee equal to $2,000 per month, and (b) upon the earlier of (i) NDC's submittal of a completed building permit application to City prior to the expiration of the Development Period, or (ii) the expiration of the Development Period, City shall begin paying to NDC a license fee equal to $4,000 per month. Each monthly installment of the applicable license fee shall 1588628v3
Item 2C - Page 219
be payable by City in advance by no later than the· fifth (5th ) day of the applicable calendar month; provided, however, the initial installment of each of the license fees payable pursuant to clauses (a) and (b) above shall be due and payable by City within ten (10) days following the date of NDC's submittal of such completed planning application to City, the date of NDC's submittal of such completed building permit application to City, or the expiration of the Development Period, as applicable (and shall be prorated as to any partial month).

2. License Term. As provided in the Prior Agreement, the term of the License (the "License Term") commenced on January 7, 2015 (i.e., the closing date of NDC's acquisition of the Property under the Purchase Agreement). The License Term shall continue under this Agreement until the License and this Agreement are terminated pursuant to any of the following: (a) City shall have the right to terminate the License and this Agreement at any time, for any reason, upon ninety (90) days' prior written notice to NOC, (b) following NDC's submittal of a completed building permit application for the Hotel Project (or, following the expiration of the Development Period, such other development as permitted under applicable law and applicable City planning and zoning requirements), each of NOC and City shall have the unilateral right to terminate the License and this Agreement upon thirty (30) days' prior written notice to the other, (c) NOC shall have the right to terminate the License and this Agreement immediately in the event of a breach of this Agreement by City which is not cured by City within thirty (30) days following written notice thereof by NOC (such termination right of NOC to be in addition to any other rights and remedies available to NOC under this Agreement, at law or in equity), and (d) after the seventh (7th ) anniversary of the Effective Date of the Settlement Agreement, each of NOC and City shall have the unilateral right to terminate the License and this Agreement at any time, for any reason, upon thirty (30) days' prior written notice to the other.

3. Use and Maintenance. At all times during the License Term, City shall, at City's sole cost and expense, (a) repair, maintain, and operate the Property, in such manner as reasonably determined by City, and (b) maintain the Property in a secure and safe condition. City agrees that it will keep the Property clean and free from litter. City shall observe and obey all laws, rules, and regulations that apply to City's and/or its Permittees' use of the Property. City shall not make any alterations or modifications to the Property without first obtaining NDC's prior written consent, which may be given or withheld by NOC in its sole and absolute discretion.

4. Indemnification by City. Notwithstanding the existence of any insurance carried by or for the benefit of NOC or City, and without regard to the policy limits of any such insurance, City shall protect, indemnify, save harmless and defend NOC and its affiliates, partners, members, shareholders, directors, officers, employees, agents, representatives, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, causes of action, liabilities, obligations, liens, demands, suits, losses, damages, injuries, judgments, penalties, costs, or expenses (including, without limitation, attorneys' fees and costs and consultants' and experts' fees and expenses) of any kind or character whatsoever, imposed upon or incurred by or asserted against any Indemnified Party which arises out of or relates to City's and/or its Permittees' entry into or use of the Property, except to the extent caused by NDC's or the Indemnified Parties' gross negligence or willful misconduct. The obligations of City pursuant to this Paragraph 4 shall survive the expiration or earlier termination of the License and/or this Agreement.

5. Insurance. City shall, at City's sole cost and expense, carry and keep in force at all times during the License Term (and provide NOC with reasonable documentation evidencing the existence of) the following insurance:
1588628v3 2
Item 2C - Page 220
(a) Commercial general liability insurance covering the Property and City's use thereof, with limits of not less than Two Million Dollars ($2,000,000.00) each occurrence and Four Million Dollars ($4,000,000.00) general aggregate. Coverage shall be on an occurrence (as opposed to a claims made) basis. Such insurance shall also provide that it is primary insurance, and that any insurance carried by NOC shall be excess and noncontributory.
(b) Automobile liability insurance covering owned, non-owned or rented automotive equipment having a combined single limit of at least One Million Dollars ($1,000,000) with respect to injuries or damages in any single occurrence. Such insurance shall also provide that it is primary insurance, and that any insurance carried by NOC shall be excess and noncontributory. (c) Workers' compensation insurance, covering all persons employed by City in connection with the performance of work of any nature in or about the Property, in a form prescribed by the laws of the State of California, and employers' liability insurance.

All insurance policies required hereunder will be issued by fiscally responsible insurance companies authorized to do business in the State of California having an A.M. Best's (or its successor) rating of no less than A- VIII and must name (by endorsement) NOC and such other parties requested by NOC as additional insureds, and contain an express waiver of subrogation in their favor (except that the additional insured requirement will not apply to the workers compensation coverage required hereunder, although the waiver of subrogation requirement does apply). All such policies will require 30 days' written notice to NOC prior to any cancellation thereof. Any insurance coverage required by this Paragraph 5 may be effected by means of a policy or policies of blanket liability (primary and excess) and property insurance covering other premises.

6. (Intentionally Omitted].

7. Notices. Any notice, writing or communication required or desired to be given or delivered pursuant to this Agreement will be personally delivered, delivered by Federal Express or comparable overnight courier, providing written evidence of delivery, or delivered by U.S. registered or certified mail, return receipt requested, postage prepaid and sent to NOC and City at the following addresses:
lfto NOC:

With a copy to:

If to City:
1588628v3
c/o Nexus Companies
1 MacArthur Place, Suite 300
Santa Ana, California 92707
Attn: Matthew B. Kaufman
Elkins Kalt Weintraub Reuben Gartside LLP
10345 W. Olympic Boulevard
Los Angeles, CA 90064
Attn: Ryan A. Vogt-Lowell
Best Best & Krieger LLP
655 West Broadway, 15th Floor
San Diego, CA 92101
Attn: Jeffrey S. Ballinger
3 Item 2C - Page 221
With a copy to: Best Best & Krieger LLP
2855 E. Guasti Rd., Suite 400
Ontario, CA 91761
Attn: Richard T. Egger
or such other address(es) as either party may from time to time designate as its notice address by notifying the other party thereof. Notice so sent will be deemed given (a) when personally delivered, or (b) on the first business day following deposit with Federal Express or a comparable overnight courier service providing written evidence of delivery.

8. Successors and Assigns. This Agreement shall be binding upon, and inure to the benefit of, NDC's and City's successors and assigns; provided, however, the rights, duties and obligations of City hereunder may not be assigned by City without the prior written consent of NOC, which may be given or withheld in NDC's sole and absolute discretion. Any attempted assignment by City of its rights, duties and/or obligations under this Agreement without the prior written consent of NOC shall result in a termination of this License.

9. Attorneys' Fees. In the event of any controversy, claim or dispute between NOC or City arising out of or relating to this Agreement or any breach thereof, the prevailing party shall be entitled to recover all reasonable costs, including, without limitation, reasonable attorneys' fees and costs, relating thereto.

10. Entire Agreement. This Agreement (and to the extent the subject matter of this Agreement is contained in the Settlement Agreement) contains the entire agreement between the parties, and no modification of this Agreement will be binding upon the parties unless evidenced by an agreement in writing signed by NOC and City after the date hereof.

11. Counterparts: Faxed/Emailed Signature Pages. This Agreement may be executed in one or more separate counterparts, each of which, when so executed, will be deemed to be an original. Such counterparts will together constitute and be one and the same instrument. Telecopied or e-mailed signatures may be used in place of original signatures on this Agreement, and the parties intend to be bound by the signatures on the telecopied or e-mailed document.

12. Governing Law. This Agreement will be construed in accordance with the laws of the State of California.

13. Restatement and Replacement of Prior Agreement. This Agreement amends, restates and supersedes the Prior Agreement in its entirety from and after the Effective Date. [Signature Page Follows]
1588628v3 4
Item 2C - Page 222
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above.

NDC:

NDC EQUITIES DOWNTOWN PS, LLC, a California
limited liability company
By: _________ _
Name: __________ _
Title: -----------
1588628v3 5
City:

THE CITY OF PALM SPRINGS, a California charter
city
By: _________ _
Name:
-----------
Title: __________ _
Item 2C - Page 223

ATTACHMENT
I
Item 2C - Page 224

COM PAN ES
June 21, 2023
Mr. David Newell
Assistant Planning Director
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
The Vision to Develop and the Commitment to Deliver
Re: Planning Application Package - Mixed-Use Hotel Project, The Palm Springs Hotel & Residences, a proposed hotel & branded residential project located at the Southeast corner of Calle El Segundo and Andreas Road (Project) Dear David:

As a follow-up to the previously submitted and reviewed Pre-Sub Conference Application, please find enclosed an application and submittal package for a proposed Major Development Permit, Major Architectural Application, Conditional Use Permit, Tentative Tract Map (TTM), and Land Use Permit, which consists of an approximately 125 room hotel within a 6-story building, an approximately 132 unit hotel branded residence project within a 9-story building, a stand-alone single story signature restaurant building, and a single-story event space, all of which is located on approximately 5.65 acres of land ( currently made up of 3 parcels) at the southeast corner of Calle El Segundo and Andreas Road.

Per Section 14, the site is zoned RA and based on an agreement with the City, we understand that the City desires to have a hotel developed on the subject site. As such, we feel that the proposed Project provides the best chance for a high-quality hotel development to be financed and constructed. Furthermore, we believe that the Project will provide a high-quality boutique hotel coupled with on-site amenities that will cater to both residents and visitors with multiple restaurants, bars, and pools as well as an event space and event lawn to compliment the adjacent convention center. Lastly, the proposed Project will provide for a new type of housing that will be associated with the hotel and allow for flexibility by both the owners and City generating new property and transient occupancy tax revenues.

Per Section 14, we are proposing a consolidated project and requesting certain benefits identified within Section 14 as the Project as a result of the Project consolidating 3 land parcels and totaling over 5 acres in size. The Project was reviewed during a Pre-Sub Conference Application Process and found to meet all existing zoning requirements subject to the above referenced permits/applications.

NEXUS Companies
1 MacArthur Place, Suite 300, Santa Ana, CA 92707 ph 714.546.5600 fx 714.546.5660 www.nexusd.com Item 2C - Page 225
We greatly appreciate Planning Staffs review of these applications and please do not hesitate to contact me if you have any questions or need additional information.

Sincerely,
Robert W. Eres
Nexus Development Corporation/Central Division
Vice President of Development
Item 2C - Page 226

ATTACHMENT
J
Item 2C - Page 227

PUBLIC INTEGRITY APPLICANT DISCLOSURE
Name (Print last, first, middle initial) E-mail Address Eres, Robert, W. [email protected]
Position/Title
Owner's Representative
Address
1 MacArthur Place, Suite 300 Santa Ana, CA 92707
• Work Phone: (714) 546-5600 x1220 Reoortina Status
Cell Phone: ( -New Disclosure • :
-
Update:

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

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

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

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

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

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

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

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

Item 2C - Page 228
Organization/ Type of organization: Ownership Interest: Position: No (include the address, city and state where the longer the organization is located) held: - 1 NOC Equities Downtown PS, LLC
1 MacArthur Place, Suite 300 100% Curtis Olson
Santa Ana, CA
2 3
4 5.

6. I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
1gna ure
~
o 1sc osmg a y
£/ c:::5--=:a.._> -
On the basis of information contained in this report, I conclude that the filer is in ae
6/21/2023
compliance with Palm Springs Municipal Code Section 2.60, except as noted in the "comments" box below.

Comments:

Signature and Title of Agency's Final Reviewing Official Item 2C - Page 229

ATTACHMENT
K
Item 2C - Page 230
March 25, 2024 Sent via email: [email protected] [email protected]
[email protected]
Mayor Ron deHarte and City Council

CITY OF PALM SPRINGS
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Subject: Nexus Hotel and Residential Project – City of Palm Springs CUP 2023-0079 & Land Use Permit 2023-0033
Dear Mayor and City Council:

The Tribal Council of the Agua Caliente Band of Cahuilla Indians reviewed the above referenced project at its meeting of March 25, 2025, and recommends approval of the project, to the City, subject to the Conditions of Approval provided as Attachment A.

Please contact me should you have any questions at 760-883-1945.

Very truly yours,
Dan Malcolm, AICP
Director of Planning

AGUA CALIENTE BAND

OF CAHUILLA INDIANS
C: Tribal Council
Margaret Park, Chief Planning Officer
Flinn Fagg, Deputy City Manager – Development Services
Christopher Hadwin, Director of Planning Services
AGUA CALIENTE: BAND OF CAHUILLA INDIANS5401 DINAH SHORE DRIVE, PALM SPRINGS, CA 92264 760/699/6800 • WWW.AGUACALIENTE•NSN.GOV Item 2C - Page 231

ATTACHMENT A
Nexus Hotel and Residential Project – City of Palm Springs (CUP 2023-0079 & Land Use Permit 2023-0033)

RECOMMENDED CONDITIONS OF APPROVAL

1. All Washingtonia robusta/Mexican Fan Palms shown on the Preliminary Landscape Plan shall be removed and/or replaced with Washingtonia filifera/California Fan Palms.

2. The presence of an approved Agua Caliente Native American Cultural Resource Monitor(s) shall be present 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.

Item 2C - Page 232

ATTACHMENT
L
Item 2C - Page 233
Nexus Hotel Project
Land Use Permit No. 2023-0033
Conditional Use Permit No. 2023-0018
Major Architectural Review No. 2023-0079
Major Development Permit No. 2023-0017
Tentative Tract Map 2023-0014
Supplemental Response to Comments (October 28, 2025)
The City received a second letter from Lozeau Drury, representing SAFER, on September 9, 2025. The following response to that letter is provided for the City Council’s consideration. The complete comment letter is attached to this response in Appendix A.

Lozeau Drury
Letter Dated September 9, 2025
Comment 1:

I am writing on behalf of Supporters Alliance for Environmental Responsibility (“SAFER”) regarding the Nexus Hotel and Residential Project (Land Use Permit No. 2023-0033, Conditional Use Permit No. 2023-0018, Major Architectural Review No. 2023-0079, Major Development Permit No. 2023-0017, and Tentative Tract Map 2023-0014), including all actions related or referring to the proposed construction of a mixed-use development consisting of 125 hotel rooms, 132 residential condominium units, as well as a stand-alone restaurant, located at the Southeast corner of N. Calle El Segundo and E. Andreas Road in the City of Palm Springs (“Project”), which is scheduled to be heard at the September 16, 2025 Planning Commission meeting.

Response 1:

The comment is noted, but provides only a description of the Project, and requires no further response.

Comment 2:

After careful review of the Initial Study and Mitigated Negative Declaration (“MND”) prepared for the Project, SAFER has concluded that the MND does not adequately analyze the Project’s impacts and that there is a fair argument that the Project may have adverse environmental impacts. We therefore are requesting that the City of Palm Springs (“City”) prepare an environmental impact report (“EIR”) for the Project pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code section 21000, et seq. SAFER’s comments are supported by the analysis of several highly-qualified experts, which are attached hereto.

Response 2:

The comment is over-broad and provides no substantiation for the commenter’s assertion. As a result, no response is possible or warranted. Please see Responses below regarding specific environmental issues addressed by the commenter.

Item 2C - Page 234
Comment 3:

PROJECT DESCRIPTION
The Project is located at 201-217 South San Gabriel Boulevard, Southeast corner of N. Calle El Segundo and E. Andreas Road, Palm Springs, CA (APNs: 508-055-007, -008, and -009), which would redevelop an existing parking lot with a nine-story resort hotel and residential building consisting of 125 hotel rooms and 132 residential condo units which will be associated with the hotel and have access to hotel amenities and services; and a 6,040 square foot stand-alone restaurant. Located underneath the hotel portion of the main building, or northeast portion of the planning area, the underground garage consists of 100 standard parking spaces. The parking structure consists of five (5) levels, with the ground level providing 80 parking spaces, level 2, 3, and 4 each providing 85 standard parking spaces, and level 5 providing 65 parking spaces, for a total of 400 spaces.

The City of Palm Springs conducted Tribal Consultation in conformance with AB 52 requirements. The City contacted six Tribes in writing (Torres Martinez, Soboba, Morongo, Cabazon, and Agua Caliente Band of Cahuilla Indians (“ACBCI”)) in November 2024. The City stated that no request for consultation followed. As discussed below, the Project will have many undisclosed or inadequately mitigated environmental impacts, including significant negative effects on air quality, valley fever, wildlife movement, special-status species mortality, and transportation.

Response 3:

The comment provides a description of the Project in the first paragraph, and a description of the AB 52 process conducted for the Project in the second paragraph. The last sentence of the second paragraph asserts that the Initial Study (IS) is inadequate. The assertion is over-broad and provides no substantiation for the commenter’s assertion. As a result, no response is possible or warranted. Please see Responses below regarding specific environmental issues addressed by the commenter.

Comment 4:

LEGAL STANDARD
As the California Supreme Court has held “[i]f no EIR has been prepared for a nonexempt project, but substantial evidence in the record supports a fair argument that the project may result in significant adverse impacts, the proper remedy is to order preparation of an EIR.” (Communities for a Better Env’t v. South Coast Air Quality Mgmt. Dist. (2010) 48 Cal.4th 310, 319-320 [citing No Oil, Inc. v. City of Los Angeles (1974) 13 Cal.3d 68, 75, 88; Brentwood Assn. for No Drilling, Inc. v. City of Los Angeles (1982) 134 Cal.App.3d 491, 504–505].) “Significant environmental effect” is defined very broadly as “a substantial or potentially substantial adverse change in the environment.” (Pub. Res. Code § 21068; see also 14 CCR § 15382.) Item 2C - Page 235
The EIR is the very heart of CEQA. Bakersfield Citizens for Local Control v. City of Bakersfield (2004) 124 Cal.App.4th 1184, 1214 (Bakersfield Citizens); Pocket Protectors v. City of Sacramento (2004) 124 Cal.App.4th 903, 927. The EIR is an “environmental ‘alarm bell’ whose purpose is to alert the public and its responsible officials to environmental changes before they have reached the ecological points of no return.” Bakersfield Citizens, 124 Cal.App.4th at 1220.

The EIR also functions as a “document of accountability,” intended to “demonstrate to an apprehensive citizenry that the agency has, in fact, analyzed and considered the ecological implications of its action.” Laurel Heights Improvements Assn. v. Regents of Univ. of Cal. (1988) 47 Cal.3d 376, 392. The EIR process “protects not only the environment but also informed selfgovernment.” Pocket Protectors, 124 Cal.App.4th at 927.

Where an initial study shows that the project may have a significant effect on the environment, a mitigated negative declaration may be appropriate. However, a mitigated negative declaration is proper only if the project revisions would avoid or mitigate the potentially significant effects identified in the initial study “to a point where clearly no significant effect on the environment would occur, and…there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment.” PRC §§ 21064.5 and 21080(c)(2); Mejia v. City of Los Angeles (2005) 130 Cal.App.4th 322, 331. In that context, “may” means a reasonable possibility of a significant effect on the environment. PRC §§ 21082.2(a), 21100, 21151(a); Pocket Protectors, 124 Cal.App.4th at 927; League for Protection of Oakland's etc. Historic Res. v. City of Oakland (1997) 52 Cal.App.4th 896, 904–

05. Under the “fair argument” standard, an EIR is required if any substantial evidence in the record indicates that a project may have an adverse environmental effect—even if contrary evidence exists to support the agency’s decision. 14 CCR § 15064(f)(1); Pocket Protectors, 124 Cal.App.4th at 931; Stanislaus Audubon Society v. County of Stanislaus (1995) 33 Cal.App.4th 144, 150-51; Quail Botanical Gardens Found., Inc. v. City of Encinitas (1994) 29 Cal.App.4th 1597, 1602. The “fair argument” standard creates a “low threshold” favoring environmental review through an EIR rather than through issuance of negative declarations or notices of exemption from CEQA. Pocket Protectors, 124 Cal.App.4th at 928. The “fair argument” standard is virtually the opposite of the typical deferential standard accorded to agencies. As a leading CEQA treatise explains:

This ‘fair argument’ standard is very different from the standard normally followed by public agencies in making administrative determinations. Ordinarily, public agencies weigh the evidence in the record before them and reach a decision based on a preponderance of the evidence. [Citations]. The fair argument standard, by contrast, prevents the lead agency from weighing competing evidence to determine who has a better argument concerning the likelihood or extent of a potential environmental impact. The lead agency’s decision is thus largely legal rather than factual; it does not resolve conflicts in the evidence but determines only whether substantial evidence exists in the record to support the prescribed fair argument.

Kostka & Zishcke, Practice Under CEQA, §6.29, pp. 273–74.

The Courts have explained that “it is a question of law, not fact, whether a fair argument exists, and the courts owe no deference to the lead agency’s determination. Review is de novo, with a preference for resolving doubts in favor of environmental review.” Pocket Protectors, 124 Cal.App.4th at 928 (emphasis in original).

Item 2C - Page 236
Response 4:

The comment describes the CEQA process and the case law the commenter has researched regarding the CEQA process, and does not raise any specific environmental issues associated with the Project. No further response is required.

Comment 5:

DISCUSSION
I. AN EIR IS REQUIRED TO ADDRESS THE PROJECT’S POTENTIALLY SIGNIFICANT IMPACTS ON AIR QUALITY.

Dr. James Clark, Ph.D., of the environmental consulting firm Clark & Associates, reviewed the MND’s analysis of the Project’s impacts on air quality. Dr. Clark’s comment letter and CV are attached as Exhibit A. As discussed below, Dr. Clark found that the MND inadequately assessed the Project’s air quality impacts. In addition, Dr. Clark found that the MND may result in significant health impacts from Valley Fever spores. As such, an EIR is required.

Response 5:

The assertion is over-broad and provides no substantiation for the commenter’s assertion. As a result, no response is possible or warranted. Please see Responses below regarding specific environmental issues addressed by the commenter.

Comment 6:

1. The IS/MND Fails to Address the Significant Health Impacts from Valley Fever Spores Present in the Soils Of Riverside County.

Additionally, based on a study by UCR, it is evident that Palm Springs is a hot spot for the County of Riverside.

Dust exposure is a primary risk factor for contracting Valley Fever (VF) (via Coccidiodes immitis (cocci) exposure). When soil containing the cocci spores are disturbed by construction activities, the fungal spores become airborne, exposing construction workers and other nearby sensitive receptors. The fungus lives in the top 2 to 12 inches of soil. When soil containing this fungus is disturbed by activities such as digging, vehicles, construction activities, dust storms, or during earthquakes, the fungal spores become airborne. Valley Fever often manifests as a mild respiratory illness, but it can progress to serious chronic forms, especially in immunocompromised individuals, and may even become disseminated, impacting organs including the skin, bones, brain, and spinal cord. Disseminated Valley Fever is associated with severe symptoms like meningitis, painful lesions, and swollen joints.

Item 2C - Page 237
The most at-risk populations are construction and agricultural workers. “Labor groups where occupation involves close contact with the soil are at greater risk, especially if the work involves dusty digging operations.” Here, construction workers are the very population that would be most directly exposed by the Project. Furthermore, there is exposure risk posed to the general population surrounding the Project. Dr. Clark notes that the nonselective raising of dust during Project construction will carry the very small spores, 0.002–0.005 millimeters (“mm”), into nonendemic areas, potentially exposing large non-Project-related populations. These very small particles are not controlled by conventional construction dust control mitigation measures.

Ultimately, the Project will be putting both construction workers and the surrounding population at risk of significant negative health impacts.

The IS/MND assumes that meeting SCAQMD Rule 403 and 403.1 (Fugitive Dust Control) would be sufficient to control the impacts from Valley Fever exposure from the Project Site. According to the grading plan 38,512 cubic yards of soil will be disturbed during the site grading. However, Dr. Clark concluded that the disturbed soil onsite represents a significant pathway for VF spore exposure which will impact onsite and offsite workers.

Soil disturbances have been linked to increased health risks due to Valley Fever. A study in Antelope Valley identified a clear link between soil disturbance and increased incidence of coccidioidomycosis. Dr. Clark concludes that the mass disturbance of soils anticipated by the proposed Project will create the same conditions that were detailed in the study by Colson.

These conditions will result in significant health risk to workers and members of the surrounding community.

The Project site’s desert location and exposure to desert winds amplify these risks. Even when standard dust control measures are in place, high winds can mobilize substantial amounts of dust from graded areas generating PM10 and PM2.5 emissions that carry Valley Fever spores and silica dust into surrounding communities. Alerts from air pollution control districts frequently accompany such wind events, underlining the inadequacy of typical dust suppression methods in preventing airborne spore exposure. The increased risk due to the Project site’s location only highlights the importance of conducting an EIS.

According to research on Valley Fever, outbreaks in populations with intense exposure to aerosolized arthroconidia are at greater risk for infection. These groups include agricultural or construction workers, or persons who participate in outdoor activities such as hunting or digging in the soil. Outbreaks of coccidioidomycosis have been linked to a variety of activities involving disturbance of impacted soils. Since Valley Fever cases are directly related to the disturbance of soils in the area, the City must directly address the impacts that the project’s construction phase will have on the community.

Ensuring robust protections for both on-site workers and off-site receptors is essential to prevent potentially severe health consequences for the surrounding community. Dr. Clark concludes that the City should prepare an EIR to accurately disclose the Project’s impacts on local air quality and public health, especially given the significant public health risks associated with airborne Valley Fever spores.

Item 2C - Page 238

2. The Proposed Dust Control Measures in the IS/MND Fail to Effectively Mitigate Significant Valley Fever Exposure Risks.

SCAQMD Rule 403 includes requirements for a Dust Control Plan, signage and fencing requirements, as well as surface watering and stabilization with chemicals, gravel and asphaltic pavement to eliminate visible fugitive dust from vehicular travel and wind erosion. All the mitigation measures outlined above allow for a percentage of the dust that could be generated to be migrate offsite. Based on the Mitigation Measures outlined in the CalEEMOD model utilized in the IS/MND, watering exposed areas twice a day would reduce PM10 and PM2.5 emissions by 61 percent (61%). Increasing the watering frequency to 3 times per day would reduce PM10 and PM2.5 emissions by 74%. Conventional dust control measures primarily focus on visible dust or larger dust particles—the PM10 fraction—and fail to address the very fine particles that transport Valley Fever spores, which are approximately 5 times smaller than typical PM10 particles and remain airborne much longer. These fine particles, when disturbed by soildisturbing activities, spread widely beyond site, posing a significant risk to both onsite workers and nearby communities.

The Project’s proposed use of visual opacity readings for dust control is insufficient to prevent exposure to Valley Fever spores. This rule is based on smoke-monitoring methods (U.S. EPA Methods 9 and 22) that require active monitoring by certified observers, rely on subjective observation, and are affected by variables such as lighting, distance, and weather conditions.

Due to these limitations, opacity readings do not provide accurate, continuous data on fine airborne particles.

To address these shortcomings, Dr. Clark suggests that the City should require active monitoring with dust monitors (particle measuring devices) immediately outside of the facility and around its perimeter. Continuous particle measures eliminate the subjectivity inherent in visual opacity readings, allow for real-time tracking of dust particle levels, and offer robust data sets that can be used for repeatability test and to validate compliance with air quality standards. Incorporating active dust monitoring systems would ensure that air quality impacts are accurately assessed and mitigated, fulfilling the intent of the mitigation measures and conditions of compliance to protect public health and the environment.

The City should require that the Proponent implement mitigation measures to actively suppress the spread of Valley Fever by:
• Including specific requirements in the Project’s Injury and Illness Prevention Program (as required by Title 8, Section 3203) regarding safeguards to prevent Valley Fever.

Item 2C - Page 239
• Controlling dust exposure:
o Apply chemical stabilizers at least 24-hours prior to high wind event; o Apply water to all disturbed areas a minimum of three times per day. Watering frequency should be increased to a minimum of four times per day if there is any evidence of visible wind-driven fugitive dust;
o Provide National Institute for Occupational Safety and Health (NIOSH)-approved respirators for workers with a prior history of Valley Fever. o Half-face respirators equipped with a minimum N-95 protection factor for use during worker collocation with surface disturbance activities. Half-face respirators equipped with N-100 or P-100 filters should be used during digging activities. Employees should wear respirators when working near earth-moving machinery.
o Prohibit eating and smoking at the worksite, and provide separate, clean eating areas with hand-washing facilities.
o Avoid outdoor construction operations during unusually windy conditions or in dust storms.
o Consider limiting outdoor construction during the fall to essential jobs only, as the risk of cocci infection is higher during this season.
• Prevent transport of cocci outside endemic areas:
o Thoroughly clean equipment, vehicles, and other items before they are moved off- site to other work locations.
o Prevent spillage or loss of bulk material from holes or other openings in the cargo compartment’s floor, sides, and/or tailgate;
o Load all haul trucks such that the freeboard is not less than six inches when material is transported on any paved public access road and apply water to the top of the load sufficient to limit VDE to 20 percent opacity; or cover haul trucks with a tarp or other suitable cover.
o Provide workers with coveralls daily, lockers (or other systems for keeping work and street clothing and shoes separate), daily changing and showering facilities. o Clothing should be changed after work every day, preferably at the work site. o Train workers to recognize that cocci may be transported offsite on contaminated equipment, clothing, and shoes; alternatively, consider installing boot-washing. o Post warnings onsite and consider limiting access to visitors, especially those without adequate training and respiratory protection.
• Improve medical surveillance for employees:
o Employees should have prompt access to medical care, including suspected workrelated illnesses and injuries. o Work with a medical professional to develop a protocol to medically evaluate employees who have symptoms of Valley Fever.
o Consider preferentially contracting with 1-2 clinics in the area and communicate with the health care providers in those clinics to ensure that providers are aware that Valley Fever has been reported in the area. This will increase the likelihood that ill workers will receive prompt, proper and consistent medical care.
o Respirator clearance should include medical evaluation for all new employees, annual reevaluation for changes in medical status, and annual training, and fit- testing. o Skin testing is not recommended for evaluation of Valley Fever.

Item 2C - Page 240
o If an employee is diagnosed with Valley Fever, a physician must determine if the employee should be taken off work, when they may return to work, and what type of work activities they may perform.

Standard dust control measures are insufficient for preventing Valley Fever exposure, and only concrete, enforceable steps like those listed above will safeguard both onsite workers and surrounding communities. The City should adopt these evidence-based mitigation measures, which are proven to be effective in similar construction projects in Valley Fever-endemic areas, in an EIR to ensure comprehensive protection of public health.

Response 6:

The commenter’s assertions are noted. However, since Riverside County comprises a population of 2.5 million people, and according to the map below produced by the CDC, Riverside County experiences 0-5.9 cases of Valley Fever per 100,000 population annually, there is no evidence that Valley Fever is a significant health risk in Palm Springs.

Furthermore, the commenter fails to point out that Valley Fever cases in Riverside County have gone down, from 206 in 2023, to 181 in 20241.

According to the federal CDC, there has been no
outbreak of Valley fever in the Coachella Valley (or
in Palm Springs) between 1940 and 2015, as shown
in this published map.
2 Therefore, although the
commenter makes claims that Valley Fever is a
significant health issue in Palm Springs, the
evidence they provide is not supported by fact.

Valley Fever is not a significant health issue in Palm
Springs, and the MND requires no amendment.
1 CDPH, Cumulative Reported Suspect, Probable, and Confirmed Annual Cases of Coccidioidomycosis by Local Health Jurisdiction and Year of Estimated Onset, California, 2022-2024 2 https://www.cdc.gov/fungal/diseases/coccidioidomycosis/maps.html >0-5.9
. 6.0-20.9
- 21.0-509
- 51 .0-99:9
- >100.0
United States
Item 2C - Page 241
Comment 7:

3. The Air Quality Analysis Incorrectly States that the Construction Phase Does Not Exceed the Local Significance Thresholds (LSTs).

The IS/MND’s air quality analysis wrongly claims that the construction phase will not exceed the LSTs. Dr. Clark demonstrates that this claim is erroneous. Therefore, an EIR is required to address the health risks posed by emissions exceeding the LSTs.

The IS/MND states that:
“The nearest sensitive receptor is Plaza Villa, located 86.94± feet across E. Andreas Road to the north. The analysis shows that both construction and operational emissions will not exceed localized significance thresholds. Therefore, sensitive receptors in proximity to the project site, including residents at Plaza Villa, will not be adversely affected by air emissions during either phase. No further mitigation measures are required . . . “[b]ased on the Project’s proximity to existing housing, the 5-acre site tables at a distance of 25 meters (nearest measurement option in LST table) were used for LST analysis. Table 4 shows on- site emission concentrations for Project construction and operation will not exceed LST thresholds. Overall, the impacts will be less than significant.”
However, Dr. Clark observes that in Table 4 of the IS/MND, the City’s LST analysis shows that there are exceedances of the LST for both PM10 and PM2.5. Clearly, the construction phase will result in emissions of particulate matter above the site specific LSTs. The City must correct this flaw in an EIR and additionally prepare a site-specific health risk analysis to ensure the safety of sensitive receptors identified by the City in the IS/MND.

Since the Project will have air emissions of PM10 and PM2.5 that exceed adopted LST thresholds, the Project will have significant air quality impacts that must be analyzed and mitigated in an EIR. When a project exceeds a duly adopted CEQA significance threshold, as here, this alone establishes substantial evidence that the project will have a significant adverse environmental impact. Indeed, in many instances, such air quality thresholds are the only criteria reviewed and treated as dispositive in evaluating the significance of a project’s air quality impacts. (See, e.g. Schenck v. County of Sonoma (2011) 198 Cal.App.4th 949, 960 [County applies Air District’s “published CEQA quantitative criteria” and “threshold level of cumulative significance”]; see also Communities for a Better Environment v. California Resources Agency (2002) 103 Cal.App.4th 98, 110-11 [“A ‘threshold of significance’ for a given environmental effect is simply that level at which the lead agency finds the effects of the project to be significant”].) The California Supreme Court has shown the importance an air district significance threshold has in providing substantial evidence of a significant adverse impact. (Communities for a Better Environment v. South Coast Air Quality Management Dist. (2010) 48 Cal.4th 310, 327 [estimated emissions in excess of air district’s significance thresholds “constitute substantial evidence supporting a fair argument for a significant adverse impact”].) Since expert evidence shows the Project will exceed the SCAQMD’s LST significance threshold, there is substantial evidence that an “unstudied, potentially significant environmental effect[]” exists. (See Friends of Coll. of San Mateo Gardens v. San Mateo Cty. Cmty. Coll. Dist. (2016) 1 Cal.5th 937, 958.) An EIR is required to analyze and mitigate these impacts.

Item 2C - Page 242
Response 7:

The comment is substantially the same as Comment 3 of the commenter’s January 31, 2025 letter, which was addressed in the Response to Comments prepared for the Planning Commission. Response 3 of that letter stated:

The comment correctly notes that the Initial Study (Table 4) indicates PM10 and PM2.5 emissions would exceed LST thresholds. However, the emissions presented in the Initial Study contain inaccuracies that were previously overlooked. The initial CalEEMod model run failed to properly apply standard dust control measures during the grading and material hauling phase, leading to incorrect and inflated emission estimates. A corrected CalEEMod model run, incorporating the standard dust control measures, shows PM10 and PM2.5 emissions below LST thresholds. Consequently, the Project’s impacts remain less than significant, and an EIR is not required for further analysis or mitigation. The corrected CalEEMod model run and detailed report is provided in Appendix B of this document.

Below is a screenshot of the revised Table 4 showing no LST exceedances:

The corrected PM10 and PM2.5 construction emissions were also updated in Table 2, as shown in the screenshot below:

Table4
Localized Significance Thresholds Emissions
Coounds per day)
co NOx PM10 PM2.5
Construction
Maximum Emissions 41.8 48.1 9.82 5.25
LST Threshold 2,292.00 304.00 14.00 8.00
Exceed? No No No No
Operation1
Area 23.6 12.3 0.03 0.02
SCAQMD Thresholds 2,292.00 304.00 4.00 2.00
Exceed? No No No No
Source: CalEEMod Version 2022.1. 1.29
LST Threshold Source: LST Mass Rate Look-up Table, SCAQMD.

1. Operational emissions that affect sensitive receptors are limited to on-site area emissions.

Energy and mobile emissions occur off-site.

Table 2
Maximum Daily Construcflon-Related Emissions Summary (pounds/day) Construcflon Emlsslons1 NOx voe SOx co PM2.s PM10
Daily Maximum 48.1 20.4 0.17 41.8 5.25 9.82
SCAQMD Thresholds 100 75 150 550 55 150
Exceeds? No No No No No No
Source: CalEEMod Version 2022.1.1.29 See Appendix A for detailed emissions data. 1 Maximum daily average of winter conditions. Standard fugitive dust control and best manaQement practices are aoolied to the PM emissions.

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Therefore, the IS was corrected prior to the Planning Commission, the above Response was provided to the Planning Commission prior to its deliberations on the matter, and the IS does not require any further amendment, impacts remain less than significant, and no EIR is required.

Comment 8:

4. The City’s Air Quality Analysis Fails to Include a Quantitative Health Risk Analysis of the Impacts of Toxic Air Contaminants from the Construction Phase And Operational Phase of the Project for the Nearest Sensitive Receptor(s).

In addition to TACs from diesel exhaust (assumed to be diesel particulate matter or DPM), the California Air Resources Board’s (CARB’s) analysis of tailpipe emissions shows that in addition to simple alkane hydrocarbons, the emissions also contain benzene (human carcinogen), 1,3- butadiene (human carcinogen), ethylbenzene (human carcinogen), toluene (neurotoxin), acetaldehyde (respiratory irritant), and formaldehyde (human carcinogen), and other air toxins.

These air toxins make up approximately 22% of the total organic gases (TOGs) emitted from vehicles. Dr. Clark concludes that the majority of emissions of these compounds from the surrounding sites to the Project site will be associated with passenger vehicles, resulting in significant human exposure to the above chemicals.

The City did not perform this analysis, and thus lacks supporting evidence for its conclusion that the emissions from the Project would not result in significant health effects. The City’s failure to perform such an analysis is clearly a major flaw in the IS/MND, and further analysis via an EIR is warranted.

Response 8:

The commenter provides no substantial evidence that the Project will generate either DPM or TAC to levels which would increase cancer risk. On the contrary, as demonstrated in the Initial Study, pages 35 through 41, the Project will not generate any emissions which approach the Item 2C - Page 244
SCAQMD’s thresholds for the preparation of an HRA. Pursuant to Rule 1401, 1401.1, and 212 of the SCAQMD rulebook, the District requires the preparation of an HRA for specific facilities associated with high levels of toxic air contaminants. To reduce exposure to toxic air contaminants (TACs), CARB recommends minimum separation distances between new sensitive land uses, such as residences, and eight categories of existing sources of TACs: hightraffic freeways and roads (100,000 trips per day), distribution centers, rail yards, ports, refineries, chrome plating facilities, perchloroethylene dry cleaners, and large gas stations. As shown in the Traffic Impact Analysis prepared for the Project, Tahquitz Canyon experiences average daily traffic (ADT) volumes of up to 10,100 trips, and Calle El Segundo 5,300 trips per day. This represents only a fraction of the volume which would require the preparation of an HRA under SCAQMD’s guidance. The preparation of an HRA is therefore not required. Also see Table 4 in Response 7.

The Project will not exceed local significance thresholds under either construction or operation conditions. Therefore, the MND does quantify the potential impacts to surrounding sensitive receptors, and provides quantified results which clearly demonstrate that surrounding sensitive receptors will not be significantly impacted by construction or operation of the proposed Project.

Comment 9:

5. The Air Quality Analysis Fails to Include DPM Emissions from the Fire Pumps and/or Back-Up Generators that Will Be Installed Onsite.

0.04 lbs. of DPM per day. However, these factors are not included in the IS/MND’s estimate of DPM in the air quality analysis or health risk analysis. This additional DPM output could result in significant impacts. Therefore, an EIR is required for the City to update the air quality analysis to include the use of BUGs and fire pumps in the Project.

Response 9:

See Response 8. The hotel and residential use does not meet any of the definitions of uses for which a Health Risk Assessment is required, because a hotel use does not generate significant operational TACs or DPM. The Project may include a fire pump and an emergency generator, but by definition, both are operated only in emergencies, or for a few hours per year for testing and maintenance. As a result, their emissions would not increase daily emissions of criteria pollutants, as calculated for SCAQMD thresholds, and would not significantly increase long term daily exposure to DPM, which is the appropriate measure for DPM impacts, to determine cancer risk.

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Comment 10:

II. THERE IS SUBSTANTIAL EVIDENCE OF A FAIR ARGUMENT THAT THE PROJECT WILL HAVE POTENTIALLY SIGNIFICANT IMPACTS ON BIOLOGICAL RESOURCES.

An EIR is required because substantial evidence in the record indicates a fair argument that the Project will have significant biological impacts. Specifically, expert wildlife biologist Dr. Shawn Smallwood, Ph.D. has concluded that the Project site has value as a habitat for special status species and that the Project will have significant impacts on biological resources. Dr.

Smallwood’s comments and CV are attached as Exhibit B. The City therefore must prepare an EIR for the Project. Dr. Smallwood’s comments are supported by a site visit by wildlife biologist Noriko Smallwood (“Ms. Smallwood”). Ms. Smallwood visited the site for 3.17 hours on February 15, 2025, starting at 6:36 am. She walked the site’s perimeter, using binoculars to scan for and a camera to capture wildlife.

Response 11:

The commenter’s opinion is not supported by substantial evidence, and does not support the assertion that an EIR must be prepared. Specific responses are provided below. It is also noted that the biologist who prepared the report and makes the claims cited by the commenter did not participate in the field assessment, and has not been to the site.

Comment 12:

1. The MND Fails to Adequately Describe the Project’s Environmental Setting.

The City inadequately characterized the existing environmental setting by failing to conduct adequate field surveys and desktop review. Every CEQA document must start from a “baseline” assumption. The CEQA “baseline” is the set of environmental conditions against which to compare a project’s anticipated impacts. Communities for a Better Envt. v. So. Coast Air Qual.

Mgmt. Dist. (2010) 48 Cal. 4th 310, 321. Section 15125(a) of the CEQA Guidelines (14 C.C.R., § 15125(a)) states in pertinent part that a lead agency’s environmental review under CEQA:
“…must include a description of the physical environmental conditions in the vicinity of the project, as they exist at the time [environmental analysis] is commenced, from both a local and regional perspective. This environmental setting will normally constitute the baseline physical conditions by which a Lead Agency determines whether an impact is significant.” (Emphasis added.)
(See, Save Our Peninsula Committee v. County of Monterey (2001) 87 Cal.App.4th 99, 124- 125.) As the court of appeal has explained, “the impacts of the project must be measured against the ‘real conditions on the ground,’” and not against hypothetical permitted levels. (Save Our Peninsula, supra, 87 Cal.App.4th 99, 121-123.)
Here, the IS/MND’s conclusion that there is no suitable habitat for sensitive native species on or around the site is unsubstantiated because no physical survey was conducted at the site.

Surveys are necessary to characterize diurnal and nocturnal bird flights, and Dr. Smallwood Item 2C - Page 246
states that the “lack of surveys leaves the City of Palm Springs blind to any potential project impacts to birds, because without a survey there is no sound basis for characterizing the existing environmental setting.” Similarly, no desktop review was conducted to assess avian species’ occurrence likelihoods in or near the airspace that would be displaced by the proposed project.

Dr. Smallwood’s conclusion regarding the lack of physical survey is supported by the fact that during her physical survey of the Project site, Ms. Smallwood identified 18 different vertebrate species at or near the project, of which three were “special status” species. These species include the Costa’s hummingbird, Cooper’s hawk, and Verdin. Dr. Smallwood’s data modeling predicts that there should be at least 13 special status species using the site. Dr. Smallwood states that based on the survey and database review, there are 100 special status species of birds with known occurrence near the project site to warrant analysis of occurrence potential. Of these species, four have been recorded on or adjacent to the project site, 38 have been documented within 1.5 miles of the site, 10 between 1.5 and 4 miles, and another 46 within 4 to 30 miles. The Project site is known to exist within bird migration corridors, with known special status species using these corridors.

The IS/MND dismissed the possibility of special status species on the Project site because it is currently developed. However, the site is immediately adjacent to lush habitat and open space areas. As such the site provides habitat for several special status species as documented by Dr.

Smallwood.

Clearly, the IS/MND fails to accurately describe the Project’s environmental setting. Thus, an EIR is necessary to appropriately characterize the existing environmental setting.

Response 12:

First, the baseline for the Project is clearly stated in the IS, starting in the Project Description, and repeated throughout the document: the site is a parking lot that has existed for decades in the middle of Palm Springs’ downtown. It is surrounded by urban development, including streets on three sides, commercial development, a condominium project, hotels and the City’s Convention Center. There is no “lush habitat” or open space adjacent to or in proximity to the Project site.

As the comment relates to identified special status species, the commenter is incorrect in their basic assertion. First, the biologist identified two, not three, species on the Project site. The Cooper’s hawk was identified “just off site,” a characterization which defies scientific analysis and cannot be relied upon. Second, neither Costa’s hummingbird nor verdin have any special status designation in California, and are only designated as birds of conservation concern at the federal level. Further, contrary to the standard practice used by professional biologists, the commenter’s expert fails to characterize the species’ likelihood of occurrence (Absent, Low, Moderate, Present on Site) based on professionally accepted factors, including appropriate soils and native habitat, the existence of burrows or other natural features which define the potential for species to occur in all biological resource reports. The commenter’s expert instead relies on a mathematical equation to “predict” the occurrence of species. This method is entirely speculative, and has no basis in science or biological resource investigation. The commenter’s opinion that there “should be” 13 special status species using the site is completely unsupported Item 2C - Page 247
by fact. Further, the assertion that there could be 100 special status species of birds on the project site because they have been identified within 1.5 to 30 miles from the site completely ignores the most important and basic concepts associated with biological resources:
appropriateness of native habitat. An asphalt parking lot with scattered ornamental landscaping is not appropriate native habitat in the Coachella Valley. As correctly stated in the IS, it is expected that birds may nest in the ornamental landscaping, and as a result, pre-construction nesting bird surveys are required in Mitigation Measure BIO-1 on page 44.

Comment 13:

2. The IS/MND Failed to Adequately Analyze the Project’s Substantial Interference with Wildlife Movement.

An EIR is required if any substantial evidence in the record indicates that a project may have an adverse environmental effect—even if contrary evidence exists to support the agency’s decision. (CEQA Guidelines § 15064(f)(1); Stanislaus Audubon v. Stanislaus (1995) 33 Cal.App.4th 144, 150-151 (1995)).

The IS/MND states that “[a]ny suitable habitat for any native species has been completely degraded due to the area’s development. Additionally, the site lacks connections to other native habitats. Therefore, the site does not experience the migration of native wildlife and does not substantially interfere with the movement of any species, nor does it limit the use of native wildlife nursery sites.” As discussed supra, this conclusion is not supported by a survey or appropriate desktop review. Dr. Smallwood concludes that the Project will adversely impacts wildlife movement.

The project would block airspace that has been used by birds on migration, dispersal, home range patrol, and foraging. Ms. Smallwood recorded 121 bird flights during her survey. Those birds were able to navigate to, away, and across the project site due to the remaining habitat connection: the aerosphere. The Project would insert 85.67’ and 99.67’ buildings into this aerosphere and consequently interfere with wildlife movement in the region. Thus, an EIR is required to appropriately analyze the project’s potential impacts to volant wildlife, as well as potential mitigation strategies.

Response 13:

The commenter’s opinion is noted, but is not substantiated. The site is adjacent to buildings which currently exceed 50 feet in height, and occurs in the City’s urban core. Birds certainly fly through the area, and will continue to do so, either above or next to the proposed buildings.

Given the narrow footprint and size of the site, the Project does not substantially reduce the potential for birds to fly through the City, whether foraging or migrating.

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Comment 14:

3. The IS/MND Failed to Adequately Analyze the Project’s Impacts from Bird- Window Collisions.

The IS/MND fails to analyze the Project’s impacts due to bird-window collisions. Dr. Smallwood concludes that the extensive use of glass in the 7 and 9-story buildings will lead to increased bird-window collisions. He notes that there are 100 special status species with potential to use the site’s aerosphere. Many of these birds are likely to experience window collisions due to the Project. Dr. Smallwood calculates that the Project will cause 493 bird deaths due to windowcollisions each year. The vast majority of these birds are protected under the Migratory Bird Treaty Act. And the recently revised California Migratory Bird Protection Act.

The IS/MND fails to analyze the Project’s impacts related to project-generated traffic fatalities.

The IS/MND predicts that the Project will generate 6,990,190 annual VMT. Dr. Smallwood predicts that this will result in 1,189 vertebrate wildlife fatalities per year.

Dr. Smallwood proposes numerous mitigation measures that could vastly reduce the above impacts, such as avoiding construction during nesting season, applying bird-safe window treatments, landscaping measures and many others. Since there is substantial evidence that the Project will have adverse biological impacts, an EIR is required to analyze and mitigate those impacts.

Response 14:

The comment is noted but unsupported. As clearly described and shown in the IS (Exhibits 5a and 5B, 6A through 6C), the building’s glass is almost all behind deep balconies, and broken up by walls and screens between rooms. Birds will not be exposed to large expanses of glass, but rather to recessed balconies that do not provide a way through. It is further noted, as described in Response 12, that there is no evidence of 100 special status species of birds at the site. The commenter’s expert’s determination regarding the number of bird strikes is speculation, and not based on historic studies of buildings with balconies and screens, or other credible quantified data on the matter.

As it relates to traffic fatalities, the Project occurs on existing streets in downtown Palm Springs.

The Project does not significantly increase traffic on these streets, as demonstrated in Section XVII of the IS. There is no evidence that traffic fatalities are occurring on these streets at significant rates, nor is there evidence that the Project would result in significant increases in these rates.

There is no substantial evidence that the Project will have a significant impact on bird and animal fatalities, and an EIR is not required.

Item 2C - Page 249
Comment 15:

4. There is a Fair Argument that the Project Will Adversely Affect Special Status Species.

Numerous special status species will be adversely affected by the Project. "Special Status Species" is a universal term used in the scientific community for species that are considered sufficiently rare that they require special consideration and/or protection and should be, or have been, listed as rare, threatened or endangered by the Federal and/or State governments. Here, Ms. Smallwood’s brief site visit survey identified 3 special status species on the proposed Project site: two species on the U.S. Fish and Wildlife Service Bird of Conservation Concern (BCC), and one on Bird of Prey (BOP) listed under California Fish and Game Code 3503.5. Further, Dr.

Smallwood’s modeling based on Ms. Smallwood’s data predicts that there should be 13 specialstatus species using the site.

As applied to the Project, the California Fish & Game Code, also known as the Birds of Prey Code, includes the Cooper’s hawk (Falco sparverius) as a protected raptor. (See, California Fish & Game Code, § 3503.5.) Additionally, both the Costa’s hummingbird and Verdin are listed as Birds of Conservation Concern (BCC).

The IS/MND fails to analyze the impact that the Project will have on wildlife movement. Dr.

Smallwood points out that the project will adversely impact wildlife movement. He notes that the project will impact the birds’ migration, dispersal, home range patrol and foraging.

The IS/MND also fails to analyze the Project’s impacts due to bird-window collisions. Dr.

Smallwood concludes that the extensive use of glass in the Project will lead to extensive birdwindow collision deaths. He notes that there are “100 special-status species of birds” with the potential to fly within the aerosphere of the project site. Many of these birds are likely to experience window collisions due to the Project. Dr. Smallwood predicts annual bird deaths of 493, the vast majority of which would be of birds protected under the Migratory Bird Treaty Act and the California Migratory Bird Projection Act.

The IS/MND fails to analyze the Project’s impacts related to wildlife traffic fatalities. Dr.

Smallwood calculates that the Project will generate 6,990,190 VMT, which would generate 1,189 wildlife fatalities per year.

Dr. Smallwood proposes numerous mitigations measures that could vastly reduce the above impacts, such as guidelines on building design to minimize bird-window collisions, compensatory mitigation for road mortality, funding of wildlife rehabilitation facilities, and native landscaping.

These mitigation measures should be analyzed in an EIR and imposed if feasible.

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Response 15:

There is no evidence that the Project will significantly impact special status species. See Response 12 regarding the unsupported speculation regarding the number of species that “should” occur on the site, and the fact that Cooper’s hawk was not identified on the site, contrary to the commenter’s continued assertions. See Response 13 regarding the unsubstantiated assertion that the Project will significantly impact wildlife movement. See Response 14 regarding the unsubstantiated assertion that the Project will cause bird-window collisions and wildlife traffic fatalities. Because there will not be significant impacts associated with these topics, there is no need for mitigation, and no need for an EIR. The IS correctly determines that the impact to biological resources will occur only as it relates to nesting birds in the parking lot’s landscaping, and mitigates those impacts through compliance with MBTA, which requires pre-construction surveys for nesting birds (see Mitigation Measure BIO-1).

Comment 16:

III. THE IS/MND’S PROPOSED BIOLOGICAL MITIGATION MEASURES ARE INSUFFICIENT

TO BRING THE BIOLOGICAL RESOURCES IMPACTS TO A LEVEL BELOW SIGNIFICANCE.

An MND is improper because the Project’s proposed mitigation measures will not avoid or mitigate the potentially significant biological resources impacts “to a point where clearly no significant effect on the environment would occur, and…there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment.” PRC §§ 21064.5 and 21080(c)(2). The MND requires only a preconstruction survey for breeding birds and the establishment of construction buffer zones around any active nests that are discovered.59 However, the proposed mitigation measures are insufficient for a few reasons and therefore cannot guarantee that proposed measures will reduce the impacts below significance.

1. The City Fails to Implement Mitigation Measures to Protect Non-Migratory Birds Species Observed on the Project Site.

Where feasibility of mitigation is uncertain, an agency may not defer it. And where feasibility is called into question, the agency must demonstrate feasibility. In Sundstrom v County of Mendocino (1988) 202 Cal.App.3d 296, 308-309, mitigation calling for a future use permit for sludge disposal was improperly deferred because there was no evidence of feasibility in the face of uncertainty: “the record discloses that the applicant presented no plans for sludge disposal and that no solution was readily available.” Id. at 308.

As explained above, the MND did not prepare any analysis or surveys of wildlife in the area. The City’s response to Dr. Smallwood suggests that the Project site has habitat value for migratory birds, and so the proposed mitigation measure is shaped around nesting migratory birds.

However, the MND also recognizes that “the [California Fish and Game Code (“CFGC”)] extends protection to non‐migratory birds identified as resident game birds (CFGC Section 3500) and any birds in the orders Falconiformes or Strigiformes (birds‐of‐prey) (CFGC Section 3503).” Item 2C - Page 251
Yet, the proposed mitigation measure only discusses protections for migratory birds during the migratory birds’ nesting season. This means that no mitigation measures have been proposed to protect non-migratory birds, such as the many that Dr. Smallwood’s report indicated on the Project site. Given how the Project site is not being utilized merely for migratory birds or during the nesting season for migratory birds, the MND it is unclear how feasible the mitigation measure will protect the remaining bird species found on the site. As such, the proposed mitigation measure will not feasibly resolve the potentially significant impacts on biological resources.

Response 16:

The commenter’s opinion is noted, but unsubstantiated. First, to the City’s knowledge, the IS preparer has had no contact with Dr. Smallwood, and has not responded to him, in the IS or elsewhere. Second, the citation claimed by the commenter to be from the IS regarding game birds does not exist in the IS. It is unclear what the document the commenter is referring to, and because of that, no response is possible.

Finally, as relates to Mitigation Measure BIO-1. First, the MBTA covers almost all birds, common or special status, and is not limited to migratory birds. Second, if a qualified biologist were to identify a nesting bird within the ornamental landscaping prior to construction, the commenter’s implication that the biologist would ignore the nest is absurd. The Mitigation Measure will protect nesting birds on the site, and no infeasibility occurs.

Comment 17:

2. The City Cannot Defer Mitigation Measures Related to Biological Resource Impacts.

An agency may only defer the formulation of mitigation measures when it possesses “‘meaningful information’ reasonably justifying an expectation of compliance.” (Sundstrom v.

County of Mendocino (1988) 202 Cal.App.3d 296, 308-309; see also, Sacramento Old City Association v. City Council of Sacramento (1991) 229 Cal.App.3d 1011, 1028-29 (mitigation measures may be deferred only “for kinds of impacts for which mitigation is known to be feasible”).) A lead agency is precluded from making the required CEQA findings unless the record shows that all uncertainties regarding the mitigation of impacts have been resolved; an agency may not rely on mitigation measures of uncertain efficacy or feasibility (Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692, 727 (finding groundwater purchase agreement inadequate mitigation because there was no evidence that replacement water was available).) This approach helps “ensure the integrity of the process of decisionmaking by precluding stubborn problems or serious criticism from being swept under the rug.” (Concerned Citizens of Costa Mesa, Inc. v. 32nd Dist. Agricultural Assn. (1986) 42 Cal.3d 929, 935.) As applied here, the proposed mitigation measure related to addressing construction impacts during migratory bird nesting season cannot be deferred.

First, and as explained above, the proposed mitigation measure is not clear regarding the efficacy of protecting non-migratory bird species of conservation concern as well as birds of prey that protected under CEQA. Dr. Smallwood’s reporting shows the presence of these species, but the MND’s proposed mitigation measure merely aims to address protections surrounding migratory birds during the nesting season. Therefore, it is unclear as to how the mitigation measure will adequately and feasibly protect the remainder of the protected species that utilize the Project site.

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However, CEQA prohibits this approach. As explained by the Sundstrom court, CEQA documents are “subject to review by the public and interested agencies. This requirement of “public and agency review” has been called “the strongest assurance of the adequacy of a [CEQA document].” (Sundstrom, 202 Cal.App.3d at 308). Dr. Smallwood notes that the MND’s mitigation measures should be implemented if the project goes forward, but that it will not avoid the negative biological impacts he predicts.

Dr. Smallwood proposes several additional mitigation measures beyond BIO-1. These mitigation measures include:
• Guidelines on building design to minimize bird-window collisions • Compensatory mitigation funding research to identify fatality patterns and effective impact reduction measures such as reduced speed limits and wildlife under-crossings or overcrossings of particularly dangerous road segments
• Compensatory mitigation to fund wildlife rehabilitation facilities • California native plant landscaping.

Therefore, the MND’S proposed mitigation measures will not feasibly or effectively protect migratory birds or special status species As such, these mitigation measures are inadequate, and the City must prepare an EIR pursuant to CEQA to measure the potentially significant impacts on biological resources.

Response 17:

The commenter’s opinion regarding deferred mitigation in general is noted. As it relates to the efficacy of protecting non-migratory birds, see Response 16. As it relates to mitigation associated with bird collisions, see Response 12. As it relates to funding research regarding fatality patterns, there is absolutely no correlation between the fatalities the commenter presumes will occur on existing busy urban streets and the need for research. As it relates to mitigation to fund wildlife rehabilitation facilities, the same applies: there is no correlation between the presumed, unsubstantiated impacts asserted by the commenter and a need for wildlife rehabilitation center funding. Finally, as it relates to native plant landscaping, the City’s and DWA’s landscaping requirements, which place a particular focus on native drought tolerant landscaping are a requirement imposed on the Project, and do not require a mitigation measure.

The commenter has not presented any evidence, other than speculation and conjecture, that the mitigation measure included in the IS is insufficient, infeasible or inadequate.

Comment 18:

IV. THERE IS SUFFICIENT EVIDENCE OF A FAIR ARGUMENT THAT THE PROJECT WILL CREATE SIGNFICANT TRANSPORTATION ISSUES.

The Project’s IS/MND fails to provide comprehensive analysis regarding transportation issues, inconsistencies and deficiencies. Traffic and transportation engineer Tom Brohard, P.E., provided an independent analysis of the January 26, 2025, IS/MND, as well as the September Item 2C - Page 253
12, 2024 Traffic Analysis and June 24, 2024 memorandum regarding vehicle miles traveled (VMT) prepared by Urban Crossroads. Mr. Brohard contrasted these documents with the July 2020 City of Palm Springs Traffic Impact Analysis (TIA Guidelines). Mr. Brohard’s analysis identified several key issues which indicate that the Project’s conclusions regarding traffic impacts are unsupported and warrant that an EIR is required to address these concerns.

1. The Revised Scoping Form Lacks City Approval.

The TIA Guidelines state that “. . . the applicant submit and have approved a scoping form prior to the preparation and submittal of a draft TIA.” Appendix 1.1 of the TIA provides an April 11, 2024, Memorandum containing a revised traffic study scoping agreement in response to the City’s December 12, 2023, comments on a “Trip Generation Assessment.” However, the Project’s Revised Scoping Form lacks City of Palm Springs approval.

However, there is no indication that the revised TIA Scoping Agreement was accepted and approved by the City, or that it fully addressed the City’s December 12, 2023, comments.

Therefore, the Project fails to comply with the TIA Guidelines’ procedural and substantive rules regarding scoping forms.

Response 18:

The commenter’s opinion is noted. However, the scoping form was revised and approved by the City, as was the traffic study. No further response is warranted.

Comment 19:

2. The Project Access Description Falsely Describes the Project Site.

Project Access Description inaccurately describes the existing streets and the project site. The MND states that “[a]lley ways border the site on its south and east sides,” however, this is contradicted later in the MND, which clearly shows that the alleys do not currently exist. The north-south alley along the east side of the site is currently unimproved and has a dirt surface.

It is also about 4 feet above the existing alley to the south and it is physically separated from the Project site by a 4-foot-tall concrete block wall. Additionally, there is an east-west alley within the private property to the south of the site, but it is physically separated from the site by a 4-foottall concrete block wall that is several feet below the existing parking lot on the Project site.

According to Mr. Brohard, access to these adjacent alleys would greatly improve circulation for the Project; however, this would require significant grading and reconstruction which does not appear feasible. The incorrect description of project access is likely to cause significant impact, thus an EIS is required.

Response 19:

First, the description of the location of the roadways and alleys in the IS is correct. What the commenter fails to identify is that the alley along the south side of the site is currently part of the parking lot, and that the alley on the east side is currently in use by the Convention Center and the hotel to the east of the site. The grade differential will be rectified during grading, and does Item 2C - Page 254
not pose an impediment to the alley’s development. The wall around the parking lot will be demolished as part of the parking lot demolition. Finally, the traffic analysis (Appendix C of the IS), specifically studies the driveway at the east side (Driveway 3) and the south (Driveway 2), contrary to the commenter’s assertion. See Exhibit 1-2 of Appendix A for a diagram of the studied intersections. Location 5 is the Driveway 2 intersection with Calle El Segundo, and location 7 is the intersection of Driveway 3 and Andreas Road. There are no inconsistencies, and no EIR is required.

Comment 20:

3. Site Access Has Not Been Analyzed.

The City’s TIA Guidelines state that “[a] project’s TIA should analyze access and safety around the project and on adjacent streets.” Mr. Brohard identified numerous access and circulation issues requiring action, which left unaddressed will create safety issues, both on the perimeter streets and within the site itself. These safety issues include:
i. Primary Garage Access
The Project proposes four hundred (400) parking spaces in the five-level primary parking garage, which would be remotely located at the southeast corner of the site. Proposed access to the garage comes via new 24’ wide alleys through a two-way driveway about 150 feet south of Andreas Road and a second two-way driveway just around a corner on another alley. Mr.

Brohard states that the primary garage will function very poorly based upon many design deficiencies shown on the Project Site Plan of the Ground Level.

The primary garage will be difficult to locate based upon its remote position in the southeast corner of the property. Further, neither of the two narrow access driveways have areas that could provide access to control equipment, or that could provide a throat to prevent entering traffic from queuing and blocking the alleys. Neither of the driveways have radius curb returns to facilitate vehicle turns in to and out of the narrow alleys that provide access.

Finally, the inappropriately designed access driveways for the primary garage will require threepoint turns for entry and for exit, creating congestion where the stopping sight distance is limited, and resulting in high risks of collisions.

None of these factors are addressed by the IS/MND or supporting documents. Therefore, further analysis is required to address the safety issues with respect to the proposed primary garage.

Response 20:

The garage is not “remotely located.” It is located on the Project site. The commenter’s opinions regarding access to the garage are noted, but are not substantiated. Contrary to the commenter’s assertion, a throat is clearly shown on the south access point. Further, it is common for the entry equipment on garages to be located within the structure, not outside it. Therefore, there is no evidence that queuing could not occur, or that the access points are insufficient, particularly since the driveways will be used for garage access, and are not thoroughfares. The commenter’s opinion that access to the garage will require three point turns is noted, but not Item 2C - Page 255
substantiated. The driveways are two-way, 24 foot wide roads that provide sufficient width to allow single movement turns into and out of the garage.

Comment 21:
ii. Underground Garage Access
The Project also proposes an underground garage with one hundred (100) parking spaces underneath the hotel in the north central portion of the site. Vehicle access will occur through a pair of two-way driveways on the south side of Andreas Road in the middle of the Project. Mr.

Brohard notes underground garage will also function very poorly based upon the many design deficiencies in the Project Site Plan of the Ground Level, which also present significant safety issues.

The driveway shows a 16% downgrade in to and out of the garage, which is a very steep slope for hotel guests and valets to negotiate. The plans also include a pair of two-way driveways providing access to the shared hotel and residential lobby, with the steep driveway to the underground garage barely beyond a 90-degree curve with limited stopping sight distance. The plans include another pair of two-way driveways providing access to the residential drop-off to the east, which is isolated from and inconvenient to both parking garages. Final, the internal connector for the on-site drive-through for the residences is too narrow, and it will be blocked by parking on both sides of the internal connector.

These problems are not addressed by the IS/MND. Consequently, further analysis is necessary to address the current safety and design issues.

Response 21:

The commenter’s opinion is noted, but not substantiated. The City Engineer will review detailed site plans when improvement plans are submitted, and will assure that the design meets all of the City’s safety standards. The commenter’s perceived “inconvenient” access to the garages is noted, but is not a CEQA issue. Finally, there are no drive-though uses in this Project, so the reference to the “on-site drive-through for the residences” cannot be identified, and cannot be commented upon. As noted herein, and in the Response above and below, the commenter’s opinion do not substantiate that impacts associated with access will be significant, and no change to the IS is required.

Comment 22:

4. The Project VMT Incorrectly Excludes Elimination of Current Parking Lot.

The Project will eliminate the 700 parking spaces that presently cover the entire hotel and residential site. This parking lot provides over 40% of the 1,700 off-street parking spaces that support Convention Center events. Removal of the parking lot is the first activity that will occur as part of the construction of the Project. The VMT Analysis and the MND fail to evaluate the displaced parking issue and further study with detailed evaluation is required as suggested below.

Item 2C - Page 256
Events at the Convention Center range widely in attendance and resulting required parking.

During Mr. Brohard’s recent field review, the California Automatic Fire Alarm Association annual one-day conference generated 120 parked vehicles in the existing west parking lot that will be removed. Parking also occurred on both sides of Andreas Road and there were only a very few vehicles parked in the large parking lot to the East. The vehicle parking that Mr. Brohard observed on February 6, 2025, was similar to the aerial photograph taken on November 30, 2023, that is shown in the MND (pictured below).
(picture omitted – see Appendix A)
When construction of the Project begins, vehicle parking for the Convention Center will shift into the large parking lot east of Avenida Caballeros and south of Amado Road. Additional VMT will be generated by the closure of the west parking lot when attending an event at the Convention Center. Mr. Brohard used current Google Earth photos to measure distances, as well as the same vehicle trip distribution that has been used in the Traffic Analysis for the Project. Mr.

Brohard reached the following conclusions regarding VMT impacts:
• Trips to/from the North – 50% of the trips to/from the North to the east parking lot will experience slightly longer trips.
• Trips to/from the West - 30% of the trips to/from the West to the east parking lot will experience longer trips.
• Trips to/from the South – 10% of the trips to/from the South to the east parking lot will experience longer trips.
• Trips to/from the East - 10% of the trips to/from the East to the east parking lot will experience slightly shorter trips.

Thus, each Convention Center oriented vehicle to/from the North, West, and South will relocate from the west parking lot to the east parking lot, comprising 90% of the total traffic. This will increase VMT for the overall Project. The parking lot demolition must be carefully considered as part of the Project, not less as is purported in the VMT analysis. The VMT analysis must be revised accordingly to reflect the removal of the existing parking lot on the Project site, and further mitigation measures are needed. An EIR is required to further address these potential impacts.

Response 22:

The commenter’s opinion is noted, but does not reflect Project VMT analysis. First, neither the TIA nor the VMT analysis (Appendices C and D to the IS), analyzed Convention Center traffic movements, as they were not required to – they analyzed hotel and residential traffic generated by the Project. Furthermore, guests at the Project hotel are more likely to walk to the Convention Center than they are to drive, given its adjacency. Second, the assumption that trips will be elongated assumes that the trips originate from the west, which is not based on fact. Travelers to the Convention Center coming from the north, south and east, for example, would travel directly to Avenida Caballeros from their origination point, and would not need to backtrack to reach the east parking lot at the Convention Center. Only trips coming from the west will have to travel about 1,500 feet further east to reach the east Convention Center lot. Finally, VMT analysis for the Project clearly shows that the Project (not the Convention Center) exceeds the Item 2C - Page 257
baseline VMT, but not the cumulative VMT. Given that baseline analysis does not consider surrounding land uses, and the efficiencies potentially created by these land uses, the baseline is less reliable than the cumulative. Nonetheless, the IS correctly identified that the impact under baseline conditions could be significant, and identified three methods to reduce that impact. With implementation of these measures, which are measurable and enforceable, baseline VMT is reduced to acceptable levels. See pages 96 through 98 of the IS. The VMT analysis was undertaken correctly, and no change to the IS is required, and an EIR is not warranted.

Comment 23:

5. VMT Mitigation Requires Monitoring and Enforcement.

The MND states that “The Project’s resort hotel and residential component generated VMT per service population would exceed the City’s impact threshold of 36.7 VMT per service population.

Therefore, the Project would need to reduce its VMT impact by 1.5% to achieve a finding of less than significant in the baseline condition.” Mr. Brohard suggests the following strategies that could achieve the necessary reduction:
• Commute Trip Reduction Plan – The MND states the following features (or similar alternatives) of the marketing strategy are essential for effectiveness:
o Onsite or online commuter information services.
o Employee transportation coordinators.
o Onsite or online transit pass sales
o Guaranteed ride home service.
• End-of-trip Bicycle Facilities – The MND states this design feature to install and maintain bicycle facilities such as bike parking, bike lockers, showers, and personal lockers is expected to reduce VMT by 0.1%.
• Unbundled Hotel Guest Parking – The MND states “…all guests of the hotel will be required to self-park or valet park,” although this strategy does not result in a quantifiable reduction in VMT.84
Mitigation Measure TRANS.2 states:
“…the Project is required to enforce the Commute Trip Reduction (CTR) Marketing strategy as described in the Handbook for Analyzing Greenhouse Gas Emission Reductions… (CAPCOA, 2021) because it will achieve a 3.6% reduction in VMT impacts, which exceeds the required

1.5% reduction. The hotel operator will submit a CTR marketing strategy to the City prior to receipt of a certificate of occupancy for the Project.” The VMT Analysis prepared for the Project repeats these statements but fails to provide a specific commute trip reduction plan with details of the marketing strategy. TRANS.2 also fails to include a regular routine monitoring plan with schedule for updates and reports, as well as specific penalties for non-compliance. Mr. Brohard thus concludes that without these enforcement provisions, compliance with the plan will not be achieved.

While the MND also puts forth both “End-of-trip Bicycle Facilities” and “Unbundled Hotel Guest Parking”, both of these potential strategies are then dismissed as part of Mitigation Measure TRANS.2 as being ineffective. It is unclear why these two strategies are even mentioned as they Item 2C - Page 258
will not be used and are not effective, particularly bicycle commuting during the peak summer season between May and October when temperatures routinely exceed 110 degrees every day.

Therefore, without monitoring and enforcement, the proposed VMT reduction strategies will not be effective.

Response 23:

The comment is noted. The three mitigation measures listed for VMT are those already included in the IS. As described in the IS, the second and third are either only minimally effective or unquantifiable, respectively. However, the first reduces VMT impacts by 3.6%, which exceeds the 1.5% reduction needed to meet the City’s standard (pages 97-98 of the IS). Therefore, Mitigation Measure TRANS-2 requires the implementation of a Commute Trip Reduction Plan.

The IS further guarantees its implementation, by requiring the submittal of the Plan prior to receipt of the certificate of occupancy for the hotel (Monitoring TRANS.B, page 99). The Plan will include implementation reporting requirements to assure that it is implemented in the long term. The IS correctly analyzes VMT for the Project, and provides feasible mitigation for the baseline impacts. No change to the IS is required.

Comment 24:

Ultimately, there are several transportation issues and deficiencies likely to cause significant impact associated with the MND and the supporting documents prepared for the Nexus Hotel and Residential Project. Most critically, the MND has failed to consider the various impacts pointed out in this letter of the removal of 700 parking spaces from the Project site as the first phase of construction. Project VMT will not be mitigated by the Commute Trip Reduction Marketing Plan to be developed but then not monitored or enforced. Furthermore, there are other transportation access issues associate with the Proposed Site Plan that require further study, analysis, and redesign. Thus, Mr. Brohard’s analysis supports the conclusion that an EIR is necessary for the Project to continue.

Response 24:

As described above, there are no issues or deficiencies in the IS (see Responses 18 through 23), and traffic and VMT impacts have been correctly analyzed, level of impact determined, and feasible mitigation measures included that reduce all traffic impacts to less than significant levels. There is no factual support for the preparation of an EIR.

Comment 25:

CONCLUSION
For the foregoing reasons, SAFER requests that the City prepare an Environmental Impact Report (“EIR”) to analyze and mitigate the Project’s significant adverse environmental impacts.

Thank you.

Item 2C - Page 259
Response 25:

The comment is noted, but based on Responses 1 through 24, is not supported by substantial evidence. The Project represents an urban infill project on a significantly impacted site. The Project’s impacts have been thoroughly analyzed, and significant impacts have been mitigated with feasible mitigation measures, and the City was correct in determining that a Mitigated Negative Declaration is the correct CEQA document for this Project.

Item 2C - Page 260

APPENDIX A

COMMENT LETTER
Item 2C - Page 261

ATTACHMENT
M
Item 2C - Page 262
Hl<S L l FE s CA p Es ~ALDEN& Intern at ion a I I n c ..._ ..,n,.ssOCIA TES Item 2C - Page 263

THE ANDREAS PROJECT SITE

PROJECT SUMMARY
SECTION 14 SPECIFIC PLAN ZONING
PALM SPRINGS ORDINANCE • RA ( RESORT ATTRACTION)
APN:

BVILQJNG AND ZONING CODE SUMMARY
TYPE OF CONSTRUCTION:

OCCUPANCY:

LAND USE DESIGNATION:

EXISTING: PROPOSED: HEIGHT LIMIT: PROPOSED HEIGHT:

SETBACKS:

OPEN SPACE REQUIRED:

LOT AREA OF OPEN SPACE REQUIRED:

OPEN SPACE PROVIDED:

LOT AREA OF OPEN SPACE PROVIDED: LOT AREA COVERAGE MAXIMUM:

LOT AREA COVERAGE PROVIDED: PARKING REQUIRED:

SITE SUMMARY !PROPOSED!
ACRES:

TOTAL UNITS PROPOSED:

PROPOSED FLOOR AREA RATIO (F.A.R.):

TOTAL FLOOR AREA (PROPOSED FOR F.A.R.):

LOT COVERAGE o,i, (BUILDING FOOTPRINT/SITE AREA):

BUILDING SUMMARY

FLOOR LEVEL FLOOR NAME
9 8
7 SOCIAL CLUB
6 HS
5 H4
4 H3
3 H2
2 H1

GROUND LEVEL
B1
R8 R7 R6 RS R4 R3 R2 R1
508-055.007I50ll-055-008/50ll-055-099
RA RA
100' PER SECTION 14 SPECFIC PLAN TABLE 6·2 HIGH-RISE BUILDINGS 99··8"
100' ALONG EAST ANDREAS 15' MINIMUM ALONG INDlAN CANYON DRIVE 120" ALONG ALL OTHER STREETS 40%
98,336 SF
146512 SF
60% SF
147,549 SF
99403 SF

HOTEL PARKING REQUIREMENTS
1 SPACE PER 50 GUESTROOMS
75 SPACE FOR ADDITIONAL GUESTROOMS OVER 50
1 SPACE FOR EVERY 60 SF OF F&B AREAS + ADDITIONAL 20% FOR EMPLOYEES 1 SPACE FOR EVERY 30 SF OF LARGEST PUBLIC SPACE {BALLROOM)

RESIDENTIAL PARKING REQUIREMENTS

1.25 SPACES FOR 1 BEDROOM UNITS
1 50 SPACES FOR 2 BEDROOM UNITS

2.25 SPACES FOR 3 BEDROOM UNITS
1 SPACE OF GUEST PARKING PER EVERY 4 UNITS
TOTAL PARKING REQUIRED:

TOTAL PARKING PROVIDED:

5.65 ACRES
125 HOTEL KEYS 122 RESIDENTIAL UN.TS
1 52
374,933 SF
91 ,523 SF

GROSS GROSS

BUILDING AREA GARAGE AREA

GSF GSF
28,181

28.181
33,518
43,831
PARKING 43831
PARKING 43,831 PARKING 43,831 PARKING 43,831 PARKING 65,898 PARKING 374,933
245,915
37%
26,827 26,827
26827 26.827 25.625
42000
174,933
100.0% GROSS GARAGE AREA
GROSS

BUILDING AREA
SF

HOTEL BAYS
PER
LEVEL
28 28 28 26 24
136
BAYS
PER PSMC ,ue.oo
50 SPACES 5S SPACES
120 SPACES
45 SPACES
50 SPACES 78 SPACES
68 SPACES
31 SPACES
497 SPACES
500 SPACES
RES!. BAYS SPACES

PER PER

LEVEL LEVEL
43 43 43 43 43 65 43 85
43 85 43 85
11 80
100
355 500

BAYS PARKING
SPACES

SITE INFORMATION

HOTEL GUESTROOM MIX
TOTAL

KEYS BAYS/KEY BAYS
KING 66 66 53,.

DOUBLE QUEEN 50 1 50 · ~
2 BAY SUITES 7 2 14 6%
3 BAY SUITES 2 3 6 2,.

TOTAL KEYS 125 13S ,oo;;
KING BAY 14'.q' X 30'.Q• 420sl
DOUBLE QUEEN 14'-o' X 30',0' 420sl

RESIDENTIAL MIX
TOTAL
UNaTS BAYSIUNT BAYS
ONE BEDROOM 38 2 76 , , ..
lWOBEDROOM 53 3 159 ....

THREE BEDROOM 30 4 120 25,.

TOTA.t. UNITS 121 355 100%
ONE BEDROOM 28'-0" x 35'-0" 980 SF 37,240 SF
lWOBEDROOM 42"-Q" X 35'-0" 1,470 SF 77 910 SF
THREE BEDROOM 56'-0' x3S-O" 1 960 SF 58,800 SF
173,950 SF
AVERAGE RESIDENTIAL UNIT SIZE 1438 SF

MEETING
PARKING GUESTROOMS RESIDENTIAL LOBBY SPACE F & BI LEASE RESILOUNGE FITNESS BOH M.E.P. "MISC. TOTAL

NSF NSF NSF SF SI' SF SF SF SF SF SF SF
21 067 1.016 126 5,972 28 181
21 067 1016 126 5,972 28 181
21 067 , .5~ 1,479 126 7.321 33 518
11881 21,067 1 923 327 8,633 43,831
25,265 11881 21.067 1 923 327 8,633 43831 25.265 11881 21,067 1 923 327 8,633 43 831 25,265 11 681 21,067 1 037 249 9,597 43.831 25,265 11,804 21.067 1,716 598 249 8.397 43,831 24,523 10208 5.420 t 520 U?4 11.383 1.791 1,305 10.761 1.733 8,003 65,898 39,882
165,465 69,536 173,956 8,520 6,774 14,908 1,791 3,021 21 ,676 3,!90 71,161 374,933 GARAGE 18.5% 464% 2,% , S',4 4 °" o.w 0 e't> 58% 1~ 19% NET AREA Item 2C - Page 264
Source: ESRI, 11.30.23 11.30.23
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1 Item 2C - Page 270
Cabanas-----~
Decorative Accent Wall -----,
Desert Inspired Garden
Patterns
Event Area Drop-Off
Valley Pool Drop-Off/ ---
Check in
Oasis Area Lounge--------'
Seat ing & Games
NEXUS t:>,\t1\\ Sl)l~INGS
LIFESCAPES INTERNATIONAL. INC. I JUNE 16, 2023
- ---- Hotel Terrace
.-.--- Exclusive VIP Club .---- Shared Hotel/
Garden Entry Residential Drop-Off
Valley Pool Entry Shade Trellis Around
Bar / Event Lawn
.-----Art Opportunity
--- Res1dent1al Drop-Off Desert Inspired Garden
Patterns
Lounge Terrace
RESI. LOADING &
TRASH

SERVICE CORRIDOR
~----t--- Garage Entry / Exit
lttriiiili====,;-------------i_~:-;,-= .. .,.:-.. ~_r .. -- Pool Barr er (Typ) VIP Cabanas
Cabanas
Cabanas Grand Lawn For Events
.__ ____ Shade Trellis
Loading Zone '-------Tall Perimeter Hedges
,.._ _____ Cabana View Deck
CD 0 30 60 120 LANDSCAPE CALLOUT llLAN
Item 2C - Page 271
NEXUS ll1\t1\.I Sl1 1~1NGS
LIFESCAPES INTERNATIONAL. INC. J JUNE 16, 2023
CD 0 30 60
S1-ALE 1 60 0
120
• REFER TO PAGE 4 FOR
TREE/ SHRUB LEGEI\JDS

LANDSCAPE
TREE PLAN 2
Item 2C - Page 272
NEXUS ll,\1_1\I Slll~l\'GS

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LIFESCAPES INTERNATIONAL. 1NC. I JUNE 16, 2023 CD

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. . .
' . .
120
RESl. lOA0ING &
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• REFER TO PAGE 4 FOR

SHRUB LEGENDS

LANDSCAPE

SHRUB AREAS
Item 2C - Page 273

TREE LEGEND

SYMBOL BOTANICAL NAME COMMON NAME
0 0
Q
0 0
()
0 0
* *

ACACIA SALICINA WILLOW WATTLE

ACACIA STENOPHYLLA SHOESTRING ACACIA

BISMARKA NOBILIS BISMARCK PALM

BRACHYCHITON BOTTLE TREE

BUTIAGRUS NABONNANDII MULE PALM

CERATONIA S LIQUA

GEIJERA PARVIFOLIA AUSTRALIAN WILLOW

ILEX SPECIES HOLLY

OLEA EUROPAEA OLIVE

PARKINSON IA PALO VERDE

PHOENIX MEDJOOL DATE PALM

QUERCUS OAK

RHUSLANCEA AFR CAN SUMAC
TRACHYCARPUS FORTUN Ell WINDM LL PALM

WASHINGTON IA FILI FERA FAN PALM

WASHINGTON IA ROBUSTA MEXICAN FAN PALM
l\1EXUS ll1\ti\\ Slll~INGS
LIFESCAPES INTERNATIONAL. INC. JUNE 76, 2023
SIZE
36BOX
24BOX
24B0X
36BOX
36B0X
48BOX
36B0X
24B0X
48BOX 4880X
25' BTH
48 BOX
36BOX
24BOX
15'·25' BTH
15'·25' 8TH
SHRlJB LEGENDS

BOTANICAL NAME

AGAVE SPECIES

CRASSULAARGENTEA

EUONYMUS MICROPHYLLUS
RHAPHIOLEPlS UMBELLATA

AGAVE OVATIFOLIA

DI ETES GRANDIFLORA 'SUNSTRIPE' EUPHORBIA INGENS

CARISSA MACROCARPA
FURCRAEA MACDOUGALi!

DASYLIRION WHEE LERI

YUCCA ROSTRATA

ECHINOCACTUS GRUSONII

LANTANA 'NEW GOLD'
P0RTULACARIA PROSTRATA

BOTANICAL NAME

AGAVE SPECIES

PACHYPODIUM LAMEREI
CRASSULA ARB0RESCENS

CE REUS PERUVIANUS

ECHEVARIA SPECIES

YUCCA PEN DULA

OPUNTIA ELLISIANA

MYOPORUM PARVIFOLIUM

ALOE VERA

BOTANICAL NAME

CRASSULA SPECIES

STENOCEREUS THURBER

NANDINA DOMESTICA 'NANA'

ASPARAGUS MEYERI

CORDYLINE AUSTRALIS 'CHA CHA' CORDYLINE AUSTRALIS 'SALSA'

COMMON NAME

BLUE GLOW AGAVE

SUNSET JADE
SIZE
SG
1G
BOXLEAF EUONYMUS lG

DWARF YEDDO RHAPHIOLEP S )G
WHALES TONGUE AGAVE 1G
YELLOW STRIPED FORTNIGHT LILY lG
CANDELABRA TREE 15G
GREEN CARPET NATAL PLUM 1G
MACD0UGALL'S CENTURY PLANT 15G
DESERT SPOON PLANT 15G
BIG BEND YUCCA 15G
GOLDEN BARREL CACTUS 15G
NEW GOLD LANTANA 1G
TRAILING ELEPHANT BUSH lG

COMMON NAME

BLUE GLOW AGAVE

MADAGASCAR PALM

SILVER DOLLAR JADE

MONTROSE APPLE CACTUS

ECHEVARIA

WEEPING YUCCA

SPINELESS PRICKLY PEAR

YAREENA MYOPORUM

MEDICINAL ALOE

COMMON NAME

JADE PLANT

ORGAN PIPE CACTUS

NANDINA 'NANA'

FOXTAIL FERN

DANCING SERIES CORDYLINE DANCING SERIES CORDYLINE
SIZE
5G
15G
5G 5G 5G
1G
5G
1G
SG
SIZE
C0RDYLINE AUSTRALIS 'PINK PASSION' PINK PASSION CORDYLINE SC
lSG
1G 1G
SC
SG
SC
STRELITZIA NICOLAI GIANT BIRD OF PARADISE 15G

IXORA COCCINEA

ROSE MARIN US OFFICIANALIS
'HUNTINGTON CARPET'
FLAME OF THE WOODS 5G
HUNTINGTON CARPET ROSEMARY lG

LANDSCAPE

SPACING

MASSING
24" O.C. 24" O.C. 24" O.C.

MASSING
24" 0.C.

ACCENT
24"0.C.

ACCENT ACCENT ACCENT

MASSING
24" O.C.
24"0.C.

SPACING
4'0.C.

ACCE NT
5·0.c
5·0.c
18" O.C
s·o.c.

S'OC
18" O.C.
24" 0 .C

SPACING
24" 0.C.

ACCENT
18" 0.C.
24"0.C.
4'0.C. 4'0.C.
3'0.C.

MASSING
18" 0.C.
24"0.C.

TREE & S1-IRUB LEGEND
Item 2C - Page 274
NE:XUS ll,\tj\l Slll~INGS LANDSCAPE
LIFESCAPES INTERNATIONAL. INC. I JUNE 16, 2023 CHARACTER IMAGES .., Item 2C - Page 275

ARCHITECTURAL INFORMATION
Item 2C - Page 276
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Item 2C - Page 287

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06.19.2023 PALM SPRINGS HOTEL & RESIDENCES
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Item 2C - Page 288
Hl<S I 06.19.2023 24774.000 PALM SPRINGS HOTEL & RESIDENCES PALM SPRINGS, CA EXTERIOR MATERIALS Item 2C - Page 289
H l<S 024774 6.19.2023 .000 I PALM PALM SPRINGS SPRINGS HOTEL & RESIDENCES ,CA AERIAL VIEW
Item 2C - Page 290
Hl<S 06.19.2023 24774.000 PALM SPRINGS HOTEL & RESIDENCES PALM SPRINGS, CA NORTHWEST CORNER Item 2C - Page 291
Hl<S 06.19.2023 PALM SPRINGS HOTEL & RESIDENCES 24774.000 PALM SPRINGS, CA SOUTHWEST CORNER Item 2C - Page 292
Hl<S 06.19.2023 24774.000 PALM SPRINGS HOTEL & RESIDEN
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PALM SPRINGS, CA NORTHEAST CORNER
Item 2C - Page 293
Hl<S I 06.19.2023 24774.000 PALM SPR NGS HOTEL & RESIDENCES PALM SPR NGS, CA SOUTHEAST CORNER Item 2C - Page 294
View A
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03.07.24 Exhibit
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TENTATIVE
TRACT NO. 38843
IN Tt£ CITY OF PALM SPRINGS. COUNTY OF RIVERSIDE

ST ATE OF CALFORNIA

FOR CONDOMINIUM PURPOSES
L£GAL DESCRIPTION·
8EING PORnONS OF 8LOCKS 7, 8, AND 111, ANO VACATED CAI.LE N..VMW:/0, IN THE SOUTH HALF OF THE NORTHWEST QUAATER OF SECTlON 14, TOWNSHIP 4 SOUTH. RANCE 4 EAST, SAN 8ERNAADINO BASE AND l,IERIOIAN ASSESSOR PARCEi NUMBERS·
508-055-007, 008, & 009
OWNER/oEV£LOPER·
245,727 SO. n. - 5.64 ACRES
NOC EOUmES DOWNTOWN PS, U C. A CALIFORNIA UMITt:D UAl!IUTY CO .. PANY 1 "1/\C/\RTHUR PLACE, SUITT: JOO
SANTA ANA. CA 92707
(714) !>46-5600
.JiQIES;

1. S£E CONCEPTUN.. GRADING PLAN FOR PROPOSED ONSIT£ H.APROVE,.,ENTS (SEWEii. WATER ANO PROPOSED GRADES).

SIJC DATA·
G(N[RAL Pl.AN OESICNATION:

RA RESORT ATTRACnQN
REO RETNL/ENTERTAIN,.,EN!/OmCE
ZONINC:

SECTION 14 SPEClnC PLAN - CU AND REO

LANO USE,
[ )(~STING - VACANT
PA'OPOSCO - RE.SIDE.NTIAL. HOUl. AND COMl.4ER'CW.

PROPOS£0 LOTS:
3 LOTS
LOT 1 - HO~U . SHARED PARKING JI.ID COMUON SPAC[
LOT 2 - COM .. ERCIAL/ACSTAURANT LOT RESIDENTIAL CONDOMINIU,_,S EASEMENT LEGEND·
EASEMENT rOR WATER PIPCLIN[S MID RIGHT or WAY IN FAVOR or PALI,! SPRINGS WA!CR COl,IPANY, RECORDED MARCH 17, 1955 /oS INSTRUMENT NO. 17428, IN 800K 1709, PAGE 158 Of" omc1AL REC.OROS. (SND EASEMENT IS NOT PLOTTA8LE FROi,1 RECORD),
® rr5Ji~0~J0! o.s~3~2 U~f&~~o .. :~uf 9.~~~4E5..,t1.[s'r~1,1E0J, ~1~,~':c~i:!J:OS. ® ~l~J~ {~:.~.c R'm~~lo1iJ~1c':. ~:O::~N~~~T AND
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CURVE TABLE
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LOEN & CM. EHGNaERS
lANl SUIMYORS
SSOCIA TES FtANNERS
2562~ ~ .SOO"E B.IR'tM. CA 92114
li'l lli(i)(IIIO , .._..,.,,
80 TENTATIVE
TRACT NO. 38843

FOR CONDOMINIUM PURPOSES

PALM SPRINGS HOTEL & RESIDENCES

PALM SPRINGS, CALIFORNIA
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1 Item 2C - Page 298
D. A PUBLIC HEARING REGARDING THE CONSIDERATION OF

ECONOMIC SUBSIDY REPORTS BETWEEN THE CITY OF PALM

SPRINGS AND EIGHT HOTEL OWNERS/OPERATORS PURSUANT TO
GOVERNMENT CODE SECTION 53083.

RECOMMENDATION:

Item 2D - Page 1
1) Conduct a public hearing;
2) Approve and accept the Economic Development Subsidy Reports prepared pursuant to Gov. Code, Â§ 5308 (Attachments A through H); and, 3) Authorize the City Manager to execute any necessary steps to implement. 4) Approve a Covenant Agreement baseline adjustment from $102,481.21 to $38,396.99 for the Yara Hotel, originally approved by the City Council in February of 2025 (Attachment I) and to be dated to the approval date of February 13, 2025 and authorize the City Manager and City Attorney to make conforming and non-conforming changes to effectuate the Agreement.

CITY COUNCIL STAFF REPORT
DATE: November 12, 2025 PUBLIC HEARING
SUBJECT: A PUBLIC HEARING REGARDING THE CONSIDERATION OF

ECONOMIC SUBSIDY REPORTS BETWEEN THE CITY OF PALM

SPRINGS AND EIGHT HOTEL OWNERS/OPERATORS PURSUANT TO
GOVERNMENT CODE SECTION 53083
FROM: Scott C. Stiles, City Manager
BY: Office of Economic Development
SUMMARY:

As a condition of compliance with the reporting requirements established under Assembly Bill 562 (Gov. Code, § 53083), the City is required to prepare and make publicly available Economic Development Subsidy Reports for qualifying economic development agreements. These reports provide transparency regarding public subsidies granted by the City and include information on the amount of each subsidy, the purpose, projected and actual tax revenues, and job creation outcomes.

The Economic Development Subsidy Reports were prepared in accordance with Gov.

Code, § 53083. Each report covers a hotel project that participates or participated in the City’s Hotel Operations Incentive Program and reflects data on Transient Occupancy Tax (TOT) revenues, incentive payments, and net tax revenues accruing to the City over the reporting period.

Additionally, a housekeeping matter is included in the form of revising a Covenant Agreement for the Yara Hotel adjusting the baseline to revised data. (The Yara Hotel incentive is not yet subject to the AB562 because it has not yet participated in the program for a full five year term.)
RECOMMENDATION:
1) Conduct a public hearing;
2) Approve and accept the Economic Development Subsidy Reports prepared pursuant to Gov. Code, § 5308 (Attachments A through H); and, 3) Authorize the City Manager to execute any necessary steps to implement. 4) Approve a Covenant Agreement baseline adjustment from $102,481.21 to $38,396.99 for the Yara Hotel, originally approved by the City Council in February of 2025 (Attachment I) and to be dated to the approval date of February 13, 2025 Item 2D - Page 2
City Council Staff Report
November 12, 2025 -- Page 2
Economic Subsidy Reports
and authorize the City Manager and City Attorney to make conforming and nonconforming changes to effectuate the Agreement.

STAFF ANALYSIS:

The City Council adopted Chapter 5.26 of the Palm Springs Municipal Code in December 2007 (amended on May 15, 2013) to provide a Hotel Operations Incentive Program, (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 Center, provide attractive and desirable visitor serving facilities and experiences, and assist the City in achieving its tourism goals. The program was subsequently extended to December 31, 2028 in following actions by the City Council.

Each participating hotel operator applied to participate in the City’s Hotel Operations Incentive Program and provided documentation demonstrating eligibility under the program’s criteria. The participating hotels have completed qualifying renovation or construction projects intended to enhance the City’s visitor-serving accommodations and support continued economic activity within the hospitality sector. Each property operates under an executed Hotel Operations Covenant Agreement ensuring the hotel will be operated and maintained in accordance with the program requirements.

Consistent with the provisions of the Program, and as a condition of the Hotel Operations Covenant Agreement, each participating hotel operator was required to place restrictions upon the use and operation of the hotel, in order to ensure that the hotel was operated and maintained continuously as a hotel available for short-term rentals. Pursuant to the Program guidelines, each qualifying renovation project was eligible for a fifty percent (50%) incentive payment based on the increase in Transient Occupancy Tax (“TOT”) revenues generated in excess of the TOT revenues paid to the City annually prior to commencement of the renovation (the “TOT Base”).

The TOT Base established the benchmark for calculating the incremental TOT revenues eligible for an incentive payment under the Program. The term of each Hotel Operations Covenant Agreement was determined based on the date the qualifying improvements were completed and made operational, consistent with the Program guidelines governing the duration of incentive participation.

State Law Requirement
In accordance with the reporting requirements under Gov. Code, § 53083, the City is required to prepare and make publicly available Economic Development Subsidy Reports for each project receiving an economic development subsidy. These reports provide transparency regarding the public benefits and fiscal impacts of the City’s Hotel Operations Incentive Program and must include information related to the amount of the subsidy, the public purpose served, the projected and actual TOT revenues, and job creation outcomes. Pursuant to state law, a five-year report is required within five years of the approval of each subsidy, and for subsidies with a term of ten years or more, a final Item 2D - Page 3
City Council Staff Report
November 12, 2025 -- Page 3
Economic Subsidy Reports
report and public hearing are required at the conclusion of the subsidy term. Each report must be made available to the public and presented at a duly noticed public hearing before the City Council.

Pursuant to state law, a five-year report is required within five years of the approval of each subsidy. The five-year report must include:
• The name and address of all corporations or any other business entities, except for sole proprietorships, that are the beneficiaries of the economic development subsidy;
• The start and end dates and schedule for the economic development subsidy; • 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 City as a result of the subsidy;
• The net tax revenue accruing to the City as a result of the economic development subsidy; and
• The net number of jobs created by the economic development subsidy, broken down by full-time, part-time, and temporary positions.

For an economic development subsidy with a term of ten (10) years or more, Section 53083(e)(2) requires that the City hold a public hearing at the conclusion of the subsidy and prepare a written report containing the information described above, in written form available to the public and through the City’s website, if applicable. This final report shall summarize the cumulative results of the subsidy over its entire term, including the total amount of the subsidy provided, the total tax revenue generated, and the overall employment impact resulting from the project.

ENVIRONMENTAL ASSESSMENT:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is limited to approving and excepting the subsidy reports, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council strategic plan to provide quality of life, and well maintained community infrastructure for City residents.

FISCAL IMPACT:

Pursuant to the Agreements, the City rebated $13,282,849.11 to the participating hotels.

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City Council Staff Report
November 12, 2025 -- Page 4
Economic Subsidy Reports
After accounting for the rebate, the net tax revenue retained by the City totaled $10,262,572.40.

Hotel Name City Rebated Revenue Retained
By The City
Palm Mountain Resort $ 1,225,258.61 $ 1,225,258.60
Triada Palm Springs, Autograph
Collection $779,142.29 $779,142.33
Palm Springs Hotel $492,322.91 $492,322.91
Alcazar Palm Springs $428,821.35 $428,821.35
Rowan Hotel $8,681,262.66 $5,532,532.58
Skylark Hotel $188,606.41 $188,606.42
The Arrive Hotel $1,166,783.87 $1,295,237.19
Dive Palm Springs $320,651.01 $320,651.02
Total $ 13,282,849.11 $ 10,262,572.40
REVIEWED BY:

Department Director: Wayne Olson
City Attorney; Jeffrey S. Ballinger
City Manager: Scott Stiles
ATTACHMENTS:

A. Triada Palm Springs, Autograph Collection, Economic Development Subsidy Report B. Palm Mountain Economic Development Subsidy Report
C. Palm Springs Hotel Economic Development Subsidy Report D. Skylark Hotel Economic Development Subsidy Report
E. Rowan Hotel Economic Development Subsidy Report
F. Dive Palm Springs Economic Development Subsidy Report G. The Arrive Hotel Economic Development Subsidy Report H. Alcazar Palm Springs Economic Development Subsidy Report I. Corrected Covenant Agreement for Yara Hotel
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ATTACHMENT A
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TRIADA PALM SPRINGS, AUTOGRAPH COLLECTION,

FINAL ECONOMIC DEVELOPMENT SUBSIDY REPORT
PURSUANT TO GOVERNMENT CODE SECTION 53083

FOR AN OPERATING COVENANT AGREEMENT

BY AND BETWEEN

CITY OF PALM SPRINGS
AND

PACIFICA COMPANIES, LLC
The following Five-Year Report has been prepared pursuant to California Government Code Section 53083. Section 53083 requires that for economic development subsidy agreements approved on or after January 1, 2014, the City must hold a public hearing within five years to provide an update on the project. Although the statutory five-year reporting period has passed, this report has been prepared to ensure compliance with the intent of the statute and to provide transparency regarding the performance of the subsidy. As required, this report reiterates details of the Operations Covenant and Declaration of Covenants and Restrictions (Agreement) between the City of Palm Springs (“City”) and Pacifica L 39, LLC (“Pacifica”) and provides information on subsidy payments to date.

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.

Pacifica L 39, LLC
1775 Hancock Street, Suite 200
San Diego, CA 92110
Deepak Israni, President
Note: The Agreement was initially entered into between the City and Pacifica Companies LLC, a California limited liability company. Pacifica is Pacifica Companies, LLC’s successor in interest to the Agreement.

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

The Agreement started on November 1, 2014 and ended October 31, 2019. The "start date" of the Agreement was the date at which the renovation project was deemed fully completed and the calculation of the Transient Occupancy Tax (TOT) increment commences.

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

The subsidy was the rebate of 50% share of Transient Occupancy Tax (TOT) increment collected annually calculated as follows: after the start date November 1, 2014, the subsidy was based on TOT collections for the year, subtracted from the established base; 50% of any increment is payable to Pacifica. In accordance with the Agreement, the City rebated $779,142.29 to Pacifica.

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

The City has confirmed that Pacifica's operation and maintenance of the hotel facilities improvements enhances the tourist and travel experience for visitors by providing attractive and desirable facilities and assists the City in achieving its tourism goals.

5. The net tax revenue accruing to the local agency as a result of the economic development subsidy.

The net tax revenue retained by the City totaled $779,142.33.

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

This information was not provided.

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ATTACHMENT B
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55575.18270\44344447.2

PALM MOUNTAIN RESORT AND SPA

FINAL ECONOMIC DEVELOPMENT SUBSIDY REPORT
PURSUANT TO GOVERNMENT CODE SECTION 53083

FOR AN OPERATING COVENANT AGREEMENT

BY AND BETWEEN

CITY OF PALM SPRINGS
AND
WR PALM MOUNTAIN RESORT, LP.

The following Final Report has been prepared pursuant to California Government Code Section 53083. Section 53083 requires that for economic development subsidy agreements approved on or after January 1, 2014, the City must hold a public hearing at the end of the subsidy with a term of 10 years or more and provide an update on the project. As required, this report reiterates details of the Operations Covenant and Declaration of Covenants and Restrictions (Agreement) between the City of Palm Springs (“City”) and WR Palm Mountain Resort, LP. (“WR Palm Mountain”) and provides information on subsidy payments to date.

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.

WR Palm Mountain Resort, LP.
1111 Third Avenue, Suite 3030
Seattle, WA 98101
Note: The Agreement was initially entered into between the City and Palm Mountain Resort, LP, a California limited partnership. WR Palm Mountain is Palm Mountain Resort, LP’s successor in interest to the Agreement.

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

The Agreement started on October 1, 2015 and ended September 30, 2025. The "start date" of the Agreement was the date at which the renovation project was deemed fully completed and the calculation of the Transient Occupancy Tax (TOT) increment commences.

The subsidy was the rebate of 50% share of the TOT increment collected annually and calculated as follows: after the start date October 1, 2015, the subsidy was based on TOT collections for the year, subtracted from the established base; 50% of any increment was Item 2D - Page 10
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payable to WR Palm Mountain. Without the TOT incentive, the project would not have been done and there would be no shared TOT increment expenditure or revenue loss. Under the terms of the Agreement, the City rebated $1,225,258.61 to WR Palm Mountain.

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

The City has confirmed that WR Palm Mountain's, operation and maintenance of the hotel facilities improvements enhances the tourist and travel experience for visitors by providing attractive and desirable facilities and assists the City in achieving its tourism goals.

5. The net tax revenue accruing to the local agency as a result of the economic development subsidy.

The net tax revenue retained by the City was $1,225,258.60.

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

The hotel increased employment by six (6) full time positions, one (1) part time position, and twenty (20) construction jobs during the remodel period.

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ATTACHMENT C
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55575.18270\44344449.2

THE PALM SPRINGS HOTEL

FINAL ECONOMIC DEVELOPMENT SUBSIDY REPORT
PURSUANT TO GOVERNMENT CODE SECTION 53083

FOR AN OPERATING COVENANT AGREEMENT

BY AND BETWEEN

CITY OF PALM SPRINGS
AND

AEK CAPITAL MANAGEMENT, LLC
The following Final Report has been prepared pursuant to California Government Code Section 53083. Section 53083 requires that for economic development subsidy agreements approved on or after January 1, 2014, the City must hold a public hearing at the end of the subsidy with a term of 10 years or more and provide an update on the project. As required, this report reiterates details of the Operations Covenant and Declaration of Covenants and Restrictions (Agreement) between the City of Palm Springs (“City”) and AEK Capital Management. LLC (“Capital Management”) and provides information on subsidy payments to date.

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.

AEK Capital Management, LLC
13207 Weddington Street
Sherman Oaks, CA 9140

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

The Agreement started on November 1, 2014 and ended October 31, 2024. The "start date" of the Agreement was the date at which the renovation project was deemed fully completed and the calculation of the Transient Occupancy Tax (TOT) increment commences.

The subsidy was the rebate of 50% share of TOT increment collected annually calculated as follows: after the start date November 1, 2014 the subsidy was based on TOT collections for the year, subtracted from the established base; 50% of any increment was payable to Capital Management. Pursuant to the Agreement, the City rebated $492,322.91 to Capital Management.

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

The has confirmed the Capital Management’s operation and maintenance of the hotel facilities improvements, enhances the tourist and travel experience for visitors by providing attractive and desirable facilities and assists the City in achieving its tourism goals.

5. The net tax revenue accruing to the local agency as a result of the economic development subsidy.

The net tax revenue retained by the City totaled $492,322.91.

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

The hotel had not change in employment and 50 jobs were created during the construction period.

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ATTACHMENT D
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55575.18270\44344451.2

THE SKYLARK

FINAL ECONOMIC DEVELOPMENT SUBSIDY REPORT
PURSUANT TO GOVERNMENT CODE SECTION 53083

FOR AN OPERATING COVENANT AGREEMENT

BY AND BETWEEN

CITY OF PALM SPRINGS
AND

PB CONSTRUCTION SERVICES, LLC
The following Final Report has been prepared pursuant to California Government Code Section 53083. Section 53083 requires that for economic development subsidy agreements approved on or after January 1, 2014, the City must hold a public hearing at the end of the subsidy with a term of 10 years or more and provide an update on the project. As required, this report reiterates details of the Operations Covenant and Declaration of Covenants and Restrictions (Agreement) between the City of Palm Springs (“City”) and PB Construction Services, LLC (“PB Construction”) and provides information on subsidy payments to date.

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.

PB Construction Services, LLC
35 Mitchell Blvd., Unit 14
San Rafael, CA 94901

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

The Agreement started on March 1, 2014 and ended February 28, 2024. The "start date" of the Agreement was the date at which the renovation project was deemed fully completed and the calculation of the Transient Occupancy Tax (TOT) increment commences.

The subsidy was the rebate of 50% share of the TOT increment collected annually calculated as follows: after the start date March 1, 2014, the subsidy was based on TOT collections for the year, subtracted from the established base; 50% of any increment was payable to PB Construction. Under the Agreement, the City rebated $188,606.41 to PB Construction.

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

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The City has confirmed that PB Construction’s operation and maintenance of the hotel facilities improvements, enhances the tourist and travel experience for visitors by providing attractive and desirable facilities and assists the City in achieving its tourism goals.

5. The net tax revenue accruing to the local agency as a result of the economic development subsidy.

The net tax revenue retained by the City totaled $188,606.42.

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

The Hotel increased employment by six (6) full time positions, and a number of construction jobs during the remodel period.

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ATTACHMENT E
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KIMPTON ROWAN PALM SPRINGS HOTEL

EIGHT-YEAR ECONOMIC DEVELOPMENT SUBSIDY REPORT
PURSUANT TO GOVERNMENT CODE SECTION 53083

FOR AN OPERATING COVENANT AGREEMENT

BY AND BETWEEN

CITY OF PALM SPRINGS
AND

PALM SPRINGS PROMENADE, LLC
The following Eight Year Report has been prepared pursuant to California Government Code Section 53083. Section 53083 requires that for economic development subsidy agreements approved on or after January 1, 2014, the City must hold a public hearing within five years to provide an update on the project. As required, this report reiterates details of the Operations Covenant and Declaration of Covenants and Restrictions (Agreement) between the City of Palm Springs (“City”) and Palm Springs Promenade, LLC (“Palm Springs Promenade”) and provides information on subsidy payments to date.

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.

Palm Springs Promenade, LLC
555 South Sunrise Way, Suite 200
Palm Springs, CA 92264

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

The subsidy starts on November 1, 2017 and ends October 31, 2047. The "start date" of the subsidy is the date at which the construction project is deemed fully completed and the collection of the Transient Occupancy Tax (TOT) commences.

The subsidy is the rebate of 75% share of TOT collected annually calculated as follows:
after the start date estimated November 1, 2017, the subsidy is based on TOT collections for the year, excluding TOT on resort fees; 75% of the TOT is payable to Palm Springs Promenade. In accordance with the Agreement, the City rebated $8,681,262.66 to Palm Springs Promenade over the 95 Month Period.

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

The City has confirmed that Palm Springs Promenade’s operation and maintenance of the hotel facilities improvements, enhances the tourist and travel experience for visitors by providing attractive and desirable facilities and assists the City in achieving its tourism goals.

5. The net tax revenue accruing to the local agency as a result of the economic development subsidy.

The net tax revenue retained by the City totaled $5,532,532.58.

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

The development of the hotel will create no fewer than 100 positions, and a number of construction jobs during the construction period.

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ATTACHMENT F
Item 2D - Page 25
55575.18270\44344446.2

DIVE PALM SPRINGS

FINAL ECONOMIC DEVELOPMENT SUBSIDY REPORT
PURSUANT TO GOVERNMENT CODE SECTION 53083

FOR AN OPERATING COVENANT AGREEMENT

BY AND BETWEEN

CITY OF PALM SPRINGS
AND
COLT’S LODGE, LLC
The following Final Report has been prepared pursuant to California Government Code Section 53083. Section 53083 requires that for economic development subsidy agreements approved on or after January 1, 2014, the City must hold a public hearing at the end of the subsidy with a term of 10 years or more and provide an update on the project. As required, this report reiterates details of the Operations Covenant and Declaration of Covenants and Restrictions (Agreement) between the City of Palm Springs (“City”) and Colt’s Lodge, LLC (“Colt’s Lodge”) and provides information on subsidy payments to date.

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.

Colt's Lodge, LLC
1586 East Palm Canyon Drive
Palm Springs, CA 92262
Jon R. Nelson or Frank M. Young

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

The Agreement started on July 1, 2015 and ended June 30, 2025. The "start date" of the Agreement was the date at which the renovation project was deemed fully completed and the calculation of the Transient Occupancy Tax (TOT) increment commences.

The subsidy was the rebate of a 50% share of Transient Occupancy Tax (TOT) increment collected annually and calculated as follows: after the start date July 1, 2015 the subsidy was based on TOT collections for the year, minus the established base; 50% of any increment is payable to Colt’s Lodge. Pursuant to the terms of the Agreement, the City rebated $320,651.01 to Colt’s Lodge.

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

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The City has confirmed that Colt's Lodge’s operation and maintenance of the hotel facilities improvements enhances the tourist and travel experience for visitors by providing attractive and desirable facilities and assists the City in achieving its tourism goals.

5. The net tax revenue accruing to the local agency as a result of the economic development subsidy.

The net tax revenue retained by the City totaled $320,651.02.

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

The hotel increased employment by three (3) full time positions, one (1) part time position, and twenty nine (29) construction jobs during the remodel period.

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ATTACHMENT G
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55575.18270\44344452.2

ARRIVE PALM SPRINGS

NINE-YEAR ECONOMIC DEVELOPMENT SUBSIDY REPORT
PURSUANT TO GOVERNMENT CODE SECTION 53083

FOR AN OPERATING COVENANT AGREEMENT

BY AND BETWEEN

CITY OF PALM SPRINGS
AND

PALM GROVE GROUP, LLC
The following Nine Year Report has been prepared pursuant to California Government Code Section 53083. Section 53083 requires that for economic development subsidy agreements approved on or after January 1, 2014, the City must hold a public hearing within five years to provide an update on the project. As required, this report reiterates details of the Operations Covenant and Declaration of Covenants and Restrictions (Agreement) between the City of Palm Springs (“City”) and Palm Grove Group, LLC (“Palm Grove Group”) and provides information on subsidy payments to date.

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.

Palm Grove Group LLC
P.O. Box 93217
Pasadena, CA 91109
Attn: Matt Steinberg

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

The Agreement started on March 1, 2016 and ends February 28, 2026. The "start date" of the Agreement was the date at which the project was deemed fully completed and the calculation of the Transient Occupancy Tax (TOT) increment commences.

The subsidy is the rebate of 50% of the TOT collected annually and calculated as follows:
after the start date March 1, 2026, the subsidy is based on TOT collections for each calendar year. 50% of the TOT is payable to Palm Grove Group. Pursuant to the Agreement, the City rebated $1,166,783.87 to Palm Grove Group.

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

The City has confirmed that Palm Grove Group’s operation and maintenance of the hotel facilities improvements enhances the tourist and travel experience for visitors by providing attractive and desirable facilities and assists the City in achieving its tourism goals.

5. The net tax revenue accruing to the local agency as a result of the economic development subsidy.

The net tax revenue retained by the City totaled $1,295,237.19.

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

The development of the hotel created thirty four (34) full time positions, seventeen (17) part time positions, and three hundred fourteen (314) jobs during the construction period.

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ATTACHMENT H
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55575.18270\44344444.2

ALCAZAR PALM SPRINGS

NINE-YEAR ECONOMIC DEVELOPMENT SUBSIDY REPORT
PURSUANT TO GOVERNMENT CODE SECTION 53083

FOR AN OPERATING COVENANT AGREEMENT

BY AND BETWEEN

CITY OF PALM SPRINGS
AND

ALCAZAR PALM SPRINGS, LLC
The following nine Year Report has been prepared pursuant to California Government Code Section 53083. Section 53083 requires that for economic development subsidy agreements approved on or after January 1, 2014, the City must hold a public hearing within five years to provide an update on the project. As required, this report reiterates details of the Operations Covenant and Declaration of Covenants and Restrictions (Agreement) between the City of Palm Springs (“City”) and Alcazar Palm Springs, LLC (“Alcazar Palm”) and provides information on subsidy payments to date.

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.

Alcazar Palm Springs, LLC
622 North Palm Canyon Drive
Palm Springs, CA 92262

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

The Agreement started on January 1, 2016, and ends December 31, 2025. The "start date" of the Agreement is the date at which the renovation project was deemed fully completed and the calculation of the Transient Occupancy Tax (TOT) increment commences.

Commencing January 1, 2016, and through the termination on December 31, 2025, the subsidy shall be based on annual TOT collections, subtracted from the established TOT Base; 50% of any TOT increment above the TOT Base shall be payable directly to Alcazar Palm. Under the terms of the Agreement, the City rebated $428,821.35 to the Alcazar Palm.

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

The City has confirmed that Alcazar Palm’s operation and maintenance of the hotel facilities improvements enhances the tourist and travel experience for visitors by providing attractive and desirable facilities and assists the City in achieving its tourism goals.

5. The net tax revenue accruing to the local agency as a result of the economic development subsidy.

The net tax revenue retained by the City was $428,821.35.

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

Palm Springs City CouncilNovember 12, 2025

Palm Springs City Council
November 12, 2025