Palm Springs City Council
November 12, 2025

P1. Other Identifier: Assessor parcel number 513-082-007 *P2. Location:  Not for Publication  Unrestricted *a. County: Riverside and (P2b and P2c or P2d. Attach a Location Map as necessary.) *b. USGS 7.5' Quad: Palm Springs Date: 1 T 4S; R 4E; Sec 10; S.B..B.M. c. Address: 457 North Palm Canyon Drive City: Palm Springs Zip: 92262 d. UTM: Zone: 11; 541901 mE/ 3742342 mN (G.P.S.)
e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate) Elevation: 475 feet The property is located on the west side of North Palm Canyon Drive south of the intersection with West Alejo Road. *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The building at 457 N. Palm Canyon Drive is a rectangular-massed structure that sits on a rectangular lot in an east-west orientation, and is comprised of three separate components: the arcade level, and two penthouse structures. The building is constructed of steel frame, concrete and concrete masonry unit framing. The front elevation of the building faces east towards N. Palm Canyon Dr. The rear elevation faces west towards North Belardo Road and Mount San Jacinto. There are neighboring buildings set to the immediate north and south along the property lines.

The first level of the building is a single-story, designed to be used for retail/commercial suites. On each side of the front entrance to the arcade, set in the front façade, are two large display windows, in rectangular framing, that project from the main block of the building. The display windows are framed in stainless steel, have three fixed lights, and a “roof panel” with a wide overhanging edge. The display windows are accessed from the interior rooms. Fixed planters that are clad with butt-end flagstone veneer are set under the length of the display windows. The wood trim surrounding the entranceway is original, while the green granite wall cladding and the letters “Galleria” are not original. (See Continuation Sheet for additional text.) *P3b. Resource Attributes: HP 6 (1-3 story commercial building), HP3 (Multiple family property). *P4. Resources Present: Building Structure Object Site District Element of District Other (Isolates, etc.) P5b. Description of Photo: (View, date,
accession #) Looking west.
*P6. Date Constructed/Age and
Sources: Historic
Prehistoric Both
Built in 1947 per Riverside Co.

Assessor.
*P7. Owner and Address:

Rest Area LLC.

Costa Mesa, CA
*P8. Recorded by:

Pamela Daly M.S.H.P.

Daly & Associates
951 E. Beacon Drive
Eugene, OR 97404
*P9. Date Recorded:

June 29, 2025
*P10. Survey Type:

CEQA Intensive-level
*P11. Report Citation: Daly, Pamela. “Historic Resource Evaluation Report for 457 North Palm Canyon Drive, Palm Springs, Riverside County, CA.” Prepared for Rest Area LLC., Costa Mesa, CA; July 2025. *Attachments: NONE Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record District Record Linear Feature Record Photograph Record  Other (List):

DPR 523A (1/95) *Required information
P5a. Photo or Drawing

B – Page 1413 of 1899
DPR 523B (1/95) *Required information
State of California  The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#

BUILDING, STRUCTURE, AND OBJECT RECORD

*Resource Name: 457 North Palm Canyon Drive
B1. Historic Name: The Rubin Building, Hotel Penthouse Arcade, Hotel Penthouse Apartments, Hotel Penthouse.

B2. Common Name: Galleria Building (not from historic period).

B3. Original Use: Retail and office suites, and multi-family apts. B4. Present Use: Retail suites and multi-family apts. *B5. Architectural Style: Regency Revival
*B6. Construction History: Constructed in 1947.
*B7. Moved? ■No Yes Unknown Date: Original Location:
*B8. Related Features: None.

B9a. Architect: Albert R. Walker, Gus W. Kalionzes, and James A. Zerbe b. Builder: Unknown *B10. Significance: Palm Springs Development pre- and post-WWII Theme: Retail building design Area:

Period of Significance: 1947-1997 Property Type: Mixed use commercial Applicable Criteria: A/1, C/3 The 1930s saw Palm Springs blossom, as more and more celebrities made it their winter weekend getaway, and more development sprang up to house and entertain them. By the start of World War II, Palm Springs had so long been thought of as a movie star's playground that some of the neighborhoods were described as "Beverly Hills in the desert." One section was so filled with film notables, the neighborhood was ultimately dubbed the "Movie Colony." In the 1930s important figures in finance and business continued to flock to the desert in the winter, helping to cement the village's reputation as one of the nation's top winter resort destinations. Internationally famous names such as Walter P. Chrysler; Alfred Vanderbilt; Herbert F. "Hib" Johnson of the S.C. Johnson Co.; John Jakob Raskob, head of finance for both General Motors and Dupont Chemical Company, and builder of the Empire State Building; auto magnate Walter Marmon; Arthur K. Bourne of Singer Sewing Machine fortune; Franklyn Hutton, James S. Kemper and his brother Hathaway of the Kemper Insurance Group; Russell Vought of Vought Aircraft; and Lawrence Mario Giannini, son of A.P. Giannini who made the Bank of America into one of the world's largest financial institutions.

Isador Rubin (née Rubinstein) was born in Suwolki, Poland in July 15, 1885. He immigrated to the United States in 1902 by way of Ellis Island in New York, and made his way to Oklahoma City, Oklahoma, where he became a naturalized citizen in 1911. The U.S.

Census data for 1910 points to Rubin starting his profession as a garment merchant in Oklahoma City, but it appears he would connect with extended members of the fraternal branch of his family – around that same time – who were located in San Diego, California.

Isador Rubin married Anna Kellner of Oklahoma City in 1915, settled at 825 West 21st Street in that city. They would have two children; a boy born in 1916 and a girl born in 1926.

In San Diego, California, in 1898, Meyer (wife Ethel) Rubin had established Rubin’s Furniture Store in San Diego. Rubin’s were located at 552 5th Street in San Diego in 1905. In 1909, Rubin’s moved to 1611-1619 D Street, and in 1913 Rubin’s was located at 1704 H Street. Meyer’s brother Isaac (wife Miriam) joined the firm in 1912, and together the brothers would expand Rubin’s furniture store with the establishment of a men’s and women’s clothing department. It was in May of 1913 that I. (Isaac) Rubin placed an advertisement in the San Diego Sun stating they would be selling “Ladies and Gents Suits.” (See Continuation Sheet for additional text.) B11. Additional Resource Attributes:
*B12. References:

Daly, Pamela. “Historic Resource Evaluation Report for 457 North Palm Canyon Drive, Palm Springs, Riverside County, CA.” Prepared for Rest Area LLC, Costa Mesa, CA.; July 2025.

B13. Remarks: None.
*B14. Evaluator: Pamela Daly, M.S.H.P.
*Date of Evaluation: June 29, 2025
(This space reserved for official comments.)

B – Page 1414 of 1899
State of California  The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
CONTINUATION SHEET Trinomial

*Recorded by: Pamela Daly, M.S.H.P. *Date: June 29, 2025 Continuation  Update DPR 523L (1/95) *Required information
P.3. Description, continued:

There is an arcade (covered hallway) running the length of this level of the building, and the arcade is flanked on both sides by ten individual “office suites”, with five suites on each side. The width of the arcade measures approximately 11’ 10” and has a ceiling height of 8’11”. The five units of office suites on each side of arcade are approximately 18’4” wide, with a ceiling height of 11’ 1”. This first floor component has a flat roof system that spans almost the entire length of the building.

The ten office suites are of identical size on each side of the arcade, with the front units, #1 and #2 designed to have approximately twice the square footage of the other eight suites. The front entrances of units #1 and #2 present classic design elements of Regency Revival (Georgian 1700-1780) architecture. A wood paneled door is set in a wood frame that is comprised of an entablature at the top of the door way with spaced fluted blocks, and Doric columns on each side of the doorway. The pedestrian door has a single fixed light framed in the upper two-thirds of the door, and symmetrically set raised panels set below the light. The light is separated from the raised panels by a horizontal strip of wood molding that references the Doric capital of the columns. The doors of suites #3 to #10 share the same design as that of suites #1 and #2, but have more modest door frames. The front doors of suites #1 - #10 have their original brass hardware, which includes door sets, hinges, and letter slots. The doorways of suites #3 - #10 are headed by transom windows which allowed for an air exchange while the door was shut. The display windows of suites #7 and #8 may have been modified (before 1975) to create an additional opening in the suites’ exterior to allow for additional air flow into the unit.

The interior walls of the arcade are clad with vertical wood siding, and a wood cornice runs along the walls atop the walls of the suites. Suites #1 and #2 have framed, fixed light display windows, measuring approximately 50 inches wide by 24 inches tall, set into the paneled walls that project into the arcade for the display of small items. The large display windows of the interior suites are framed in wood and sit on bulkheads clad with the same flagstone veneer treatment as the planters on the front façade. The floor of the arcade is set with natural flagstone pavers in cement. Florescent light fixtures are set in the length of the arcade ceiling. Fluorescent light fixtures were used in commercial settings in the 1940s, but the current fixtures do not appear to be original to 1946.

Approximately halfway along the length of the arcade there are metal objects imbedded in the flagstone flooring that suggests there had been a security gate located at this location to keep casual retail visitors from accessing the office suites and stairways to the upper level, farther along the corridor.

At approximately two-thirds along the full length of the arcade, the hallway widens by six feet on each side and an atrium is created. The atrium is created by using this area for utility rooms and staircases that are less wide than the office suites. The utility rooms include public washrooms, a janitor’s closet, and stairways to the upper level on both the north and south sides of the arcade.

Natural light is provided to the atrium from a lightwell opening in the roof situated over the area. The irregular hexagon shaped lightwell measures approximately 6 feet wide by 8 foot long. Continuing to the west along the arcade there are an additional two office suites (#7, #8, #9, #10) on each side, until one reaches the rear security gate to the arcade.

To access the upper level, a person must use either of the staircases located on the north and south side of the atrium in the arcade. The steps – on both sides of the atrium - leading to the rooftop of the arcade are clad with natural flagstone set in mortar. There is a wrought metal, painted railing with a curtail and finial at the ground level, and only the handrail – attached to the stairwell wall – continues upward.

Upon reaching the arcade roof, one will find two, gable-roofed, one-story residential structures set at the east and west ends of the arcade roof. The arcade roof becomes the “floor” for the structures, and the structures are the penthouses of the building. The front facades of the each penthouse, which each house two apartment units, face towards each other across a patio area created on the roof surface. The penthouse located towards the east contains two, two-bedroom apartments (units #A and #B), and the rear façade of this penthouse, faces east towards North Palm Canyon Drive with the balcony that spans the front facade. The structure to the west contains two, one-bedroom apartments (units #C and #D) and its rear elevation faces the alley and adjacent parking lot.

The balcony on the front elevation of the building was created by recessing the rear (bedroom) walls of penthouse units A and B under the overhanging roof eave. The structural wall of the front elevation was carried up from the arcade level to meet the roof eave, and a cutout created along the façade to give the appearance of a balcony with the open space spanning the approximate height of a balcony railing up to the eave. The balcony wall of units A and B are each set with metal framed casement window units and a set of wood-frame french doors. (See Continuation Sheet for additional text)

B – Page 1415 of 1899
State of California  The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
CONTINUATION SHEET Trinomial

*Recorded by: Pamela Daly, M.S.H.P. *Date: June 29, 2025 Continuation  Update DPR 523L (1/95) *Required information
P.3. Description, continued:

Concrete brick walls, approximately 5 feet tall, run along the north and south edges of the open patio space between the end walls of the penthouses to create an enclosed patio. The penthouses are covered by medium-pitch gable roofs set on a northsouth alignment and the roof eaves overhang across the front facades of the units. The entrances to units A and B are situated within a recessed area under the enclosed overhanging eave that creates a modest porch entranceway. The enclosed overhanging eave to units C and D cover the front entrances that are set flush in the front wall of each apartment. The front facades of the penthouse units are clad with horizontally set, wide novelty wood siding. The front doors of the apartments are paneled in the “cross and bible” pattern, and the hardware on the doors (except for deadbolt locks) appears to be original.

Units A and B have metal-framed, multi-light casement bay windows with canted sides to provide light to the living room spaces within. Additional metal-framed, multi-light casement windows are set flush into the exterior wall for the kitchen spaces within units A and B. There is a wide, wood cornice that runs along the top of the exterior wall of units A and B. For units C and D, the units were designed to make it appear they shared one large, multi-light, metal framed casement bay window with rightangle end frames. The one bay window is actually divided by the framing between the two apartments. Set immediately in front of the long bay window of units C and D is the lightwell opening. The lightwell is surrounded on its open sides by a railing of decorative metal cast panels in the acorn leaf design. These same panels are used as decorative elements on the outside of the penthouse units, and on the walls of the balcony, of units A and B.

Character-defining features of the property. Include – but are not limited to:

First level (Arcade) and Penthouse level:

Wide overhanging eaves; including on the front façade display windows Vertically set wood paneling and cornice trim
Concrete masonry brick construction
Flat front façade with upper balcony created by opening rectangular space in the front elevation.

Painted, cast metal tracery used on staircases and wall cresting Bulkhead window units and their trim
Front display windows and their trim
Display windows in arcade with stainless steel and wood framing Large, fixed, single panels of plate glass used in each arcade unit and front display windows The flagstone veneer on the front planters (narrow butts and rectangular flats): The front planters do not appear on the building’s blueprints, but the plans do call for the application of flagstone butt veneer to be applied to the wall directly under the front display window units. A historic, photo postcard from circa 1946 (Figure 6 of the Historic Resource Evaluation Report [the date of the postcard photograph is based on the models and styles of the auto parked on N. Palm Canyon Dr.]) clearly shows that there is greenery set in the planters in front of the display windows on the front façade.

Wood doors and their surrounds
Transom openings above doors
Brass door and window hardware
Steel frame casement windows on apartments
Flagstone paving on the floor and butt-end veneer used to clad bulkheads in arcade Not original and can be replaced:

The green granite used to surround the arcade opening on the front façade. Based on the original drawings of the building, it appears where the granite is located on the façade – used to be flat wood trim board as part of the decorative surround of the entrance way. Our guess is that the granite was used to cover up damaged portions of the CMU wall surface around the entranceway.

The lettering “Galleria” on the front façade. The wall surface should be appropriately repaired after the letters are removed.

The front entrance gate. This replaced a shorter metal gate that was situated at the entranceway, and is visible in the photograph of the building in the survey of 2014-2016.

Security gates used at the ground level of the penthouse stairwells Date of rear gate is unknown. It could be replaced.

B – Page 1416 of 1899
State of California  The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
CONTINUATION SHEET Trinomial

*Recorded by: Pamela Daly, M.S.H.P. *Date: June 29, 2025 Continuation  Update DPR 523L (1/95) *Required information
B. 10 Statement of Significance, continued:

The clothing store of I. (Isaac) Rubin – called I. Rubin’s after its founder - moved to 839 Broadway in San Diego in 1917, and the final move to a location just one block to the east of the future John D. Spreckels building at 625 Broadway, was completed in 1924. With this move, I. Rubin’s was situated in the best part of the commercial district of San Diego.

In 1918, an advertisement in the San Diego Sun for I. Rubin’s states that the store is now selling ladies fur coats and fur accessories. That same year, Isador Rubin is listed in the San Diego City Directory. From U.S. Census records, it appears Isador Rubin’s wife and children remained living in Oklahoma City, while Rubin conducted business on the West Coast.

By the early 1930s, Isador Rubin was able to establish his own fur “salon” in Los Angeles, and he used the name of “I. Rubin” for his business name (hopefully with the blessing of Isaac Rubin.) In those days, many of the better hotels that were visited by well-to-do guests would have small retail shops on the property to allow guests to buy items of clothing, or other sundries, that they may not have packed for a visit to Southern California. The luxury hotels such as the Beverly Wilshire, El Mirador, Hotel Bel Air, and Beverly Hills Hotel were visited by guest relatively untouched by the economic downturn of the Great Depression.

Also, aside from attracting hotels guest to purchase furs, women of all economic strata in the 1930s and 1940s were including an item of fur clothing to adorn their best outfits. These items ranged from just a simple fur pelt that could be attached to a coat collar, to a full length “opera coat” of ermine or mink expected to be seen at a movie premier. Two of the hotels that Rubin most likely had “in-house” fur salons were at the Beverly Wilshire Hotel and the Ambassador Hotel.

In 1939, Rubin is able to establish his own fur salon shop at 9482 Wilshire Boulevard in Beverly Hills, just a half block to the east of the magnificent Beverly Wilshire Hotel, which had been constructed in 1928. In 1941, when Rubin’s son was to be married, the announcement in the Los Angeles Times noted that his father was “I. Rubin of Beverly Hills.” When Rubin’s daughter – attending Stanford University - was to be married in 1946, the wedding announcement in the Los Angeles Times noted that her father was “I. Rubin of the Ambassador Hotel.” With his success having storefront shops at the Beverly Wilshire Hotel and the Ambassador Hotel, he most probably had a shop at the 165-room El Mirador Hotel in Palm Springs when it opened in 1928. The Desert Sun reported in late 1935 that Rubin was building a house in the desert, outside of town. Rubin was frequently spotted by the society columnists of the Desert Sun at the Racquet Club with various important persons and movie stars.

On the personal side, Isador Rubin had continued to be recorded up to 1930, as having his main residence at the house with his family in Oklahoma City. Isador’s son Eugene M. Rubin had moved out to California to attend University of Southern California in 1935, leaving his daughter and wife still in Oklahoma. Isador’s wife passed away in 1938, and his daughter moved to California at that time. Based on information from the U.S. Census of 1940, and U.S. Department of War draft card registration for Isador Rubin, he maintained an apartment in Los Angeles in the early 1940s. Rubin remarried in 1944, but the marriage was over quickly with his second wife suing for divorce in 1948. He was referred to as a “Beverly Hills furrier” in the article about the divorce in the Los Angeles Times, September 10, 1948.

The Desert Sun reported that a permit had been filed in 1946 by I. Rubin for the construction of a commercial property at 457 N. Palm Canyon Dr., and proposed project was estimated to cost $60,000. The building at 457 N. Palm Canyon Dr. is noted as being called “The Rubin Building” in an edition of the Desert Sun in 1947. In 1951, an office space at 457 N. Palm Canyon Dr. is advertised in the Desert Sun as being located in the “Hotel Penthouse Arcade.” Art Lasky, the famous boxer from the 1930s – now turned physical therapist - rented office space in the “Hotel Penthouse” building in February 1953, and was a tenant there for several years. The Palm Springs Tourist Bureau occupied an office there for an extended period, and acted as Rubin’s rental agent for property. Classified ads would be occasionally posted in the Desert Sun seeking to rent the office units or penthouse apartments.

Rubin is recorded in 1950 as being “retired” and is using an apartment in Los Angeles as his primary residence – not the house in Palm Springs. Rubin continued to be mentioned in the Desert Sun attending social or tennis events in Palm Springs. In 1956, “I. Rubin of 457 North Palm Canyon Drive” posts a legal notice that he and Monte Warshauer (Monart Motors of Wisconsin) “are conducting a Building and Investment Business” in the City of Palm Springs under the fictitious business name of M & R Investment Co.

An article written by Bill Rashall of the Desert Sun in February 1957, would report how Monte Warshauer and I. Rubin had purchased the 20-acre Palm Vista Estates (adjacent to Las Palmas Estates) property for the purpose of developing the lots with luxury-priced homes. (See Continuation Sheet for additional text.)

B – Page 1417 of 1899
State of California  The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
CONTINUATION SHEET Trinomial

*Recorded by: Pamela Daly, M.S.H.P. *Date: June 29, 2025 Continuation  Update DPR 523L (1/95) *Required information
B. 10 Statement of Significance, continued:

Palm Vista Estates is located just up the hill from Las Palmas Estates, with lots on West Stevens Drive and Camino Norte. The lots themselves in the Palm Vista Estates had been selling for $5,000 and $8,000, prior to M & R Investments purchasing the development. The proposed project by M & R Investments was to build just 19 homes on the 20 acres, with “each home costing between $150,000 and $200,000 each.” The M & R Investments proudly boasted that “when completed this development will run into about $3,000,000 or more.”
In March of 1957, the Desert Sun reported on the completion of the first luxury home in Palm Vista Estates, which was given the name of “Castle in the Air.” The house had been designed by architect Howard Lapham and Thor Fredricksen was the general contractor for the project. The cantilevered house provided “breathtaking views” of Palm Springs and the valley, and was of concrete construction, with large expanses of curtain wall glass and “modern Chinese décor.” The “spec” house was offered for sale at $195,000.

Shortly after the Palm Vista Estates development owned by M & R Investments was heavily publicized and promoted, another development in Palm Springs appeared with the same name. This – other - “Palm Vista Estates” development was comprised of more modest houses, designed to attract first time homebuyers and/or full-time residents. The other Palm Vista Estates is located east of State Route 111 and north of West San Rafael Drive.

The success or failure of M & R Investment development of Palm Vista Estates, adjacent to Las Palmas Estates is unknown.

Isador Rubin appears to have led a quiet life until his passing in 1968.

Albert Raymond Walker, architect:

Albert R. Walker was born in 1881 in Sonoma, California. After the death of his father in 1900, Albert and his mother moved to San Diego, California. After high school, Walker went to work as a draughtsman for the San Diego architectural team of William S. Hebbard and Irving Gill. In 1906, Walker moved to Los Angeles where he first worked as a draftsman for architects John Parkinson and George Bergstrom, as a designer for Myron Hunt and Elmer Grey, and as a designer for Alfred Rosenheim.

Walker went out on his own in 1908, and designed the Fullerton First Methodist Episcopal Church, which was listed in the National Register of Historic Places in 2001. Walker teamed up with Architect John Terrell Vawter in 1910, and they worked together for seven years before Walker formed a partnership with architect Percy A. Eisen in 1918.

Over the next 20 years, Eisen and Walker were the architects for a great number of the landmark buildings constructed in Los Angeles before 1940. Major projects of Eisen and Walker in Los Angeles included the Hotel Normandie, the Ambassador Hotel, the Beverly Wilshire Hotel, the Title Insurance and Trust Company Building, and the United Artists Theater. The El Cortez Hotel in San Diego was designed by Eisen and Walker, and opened its doors in 1927.

In Palm Springs, Eisen and Walker designed the 165-room El Mirador Hotel in 1928. From 1941 to 1954, Walker formed a partnership with Gus W. Kalionzes and James A. Zerbe, and in 1946 the team designed the building at 457 N. Palm Canyon Dr. for Beverly Hills furrier Isador Rubin. The building was designed with decorative attributes that harkens of Beverly Hills before the 1960s, and this style of building would attract shoppers in Palm Springs wanting to find that level of sophistication. Mr.

Walker was 65 when he designed the Hotel Penthouse building for Rubin, and passed away in 1958.

Historic Resource Evaluation:

CRHR Eligibility
The building at 457 N. Palm Canyon Dr. was constructed in 1947 in the Regency Revival or Modern Georgian (named after King George IV of Great Britain) style of architecture that was “popular in the 1930s, although post WWII examples can be found”. The subject building is unique for being an example of property that was designed with the first level serving as an arcade-style retail shopping and office suite complex, while the second level has four apartments units in a penthouse setting.

This multi-use building was designed in a rare example of Regency Revival style architecture applied to a commercial building in Palm Springs.

The design of the building was commissioned by Isador Rubin, a successful furrier with shops in Beverly Hills and Los Angeles, and created in 1946 by the architectural firm of Albert R. Walker, James A. Zerbe, and Gus W. Kalionzes of Los Angeles, California. Albert R. Walker is an acknowledged master architect with a portfolio of significant projects that date from before he had teamed with Percy A. Eisen in 1919. The twenty-year partnership of Walker and Eisen resulted in the design of a number of buildings that have been preserved as landmarks in Southern California, and are listed in the National Register of Historic Places. (See Continuation Sheet for additional text.)

B – Page 1418 of 1899
State of California  The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
CONTINUATION SHEET Trinomial

*Recorded by: Pamela Daly, M.S.H.P. *Date: June 29, 2025 Continuation  Update DPR 523L (1/95) *Required information
B. 10 Statement of Significance, continued:

While the building designs for 457 N. Palm Canyon Dr. were signed in 1946, and the building constructed in 1947, we believe that the subject property should be evaluated in consideration of two themes listed below. The building presents an architectural style that was popular for a brief period primarily during the 1930s, and that the theme for “Multi-Family Residential Development Between the Wars” clearly includes mixed-use commercial and residential properties with a nod towards the bungalow court (arcade court) style of design.

We would also like to make note of the fact that the historic themes developed for evaluating architecture in Palm Springs, leaves out the period of 1941 to 1945. While it is true that with the participation of the United States into World War II after the attack on Pearl Harbor in December 1941 had a substantial impact upon the development and construction of new buildings throughout the country, not all of the new architectural designs coming out after 1945 were immediately put into application.

The various “revival” styles of architecture that were popular for residential – and some commercial – design in the United States, and dated from the 1910s, continued to be used for clients well into the 1950s.

The property at 457 N. Palm Canyon Dr. is eligible for being determined a historical resource under the following themes as presented in the “City of Palm Springs Citywide Historic Context Statement and Survey Findings, December 2018”:

Multi-Family Residential Development Between the Wars (1919-1941[-1945]) Post-World War II Commercial Development (1945-1969)
Criterion 1: This property is an excellent example of the development of multi-function properties in urban settings in the 1940s, and specifically in the City of Palm Springs. The property at 457 N. Palm Canyon Drive was constructed to serve as a multi-family residential building that also has dedicated space for retail and office suites. Being designed just after the end of World War II, the owner and architect decided on the Regency Revival style of architecture that was able to reference both the refinement of detail, and delicacy of design to point to pre-WWII revival styles - and also present a building using strong geometric shapes and horizontal aspects post-WWII Modernism architecture. The subject building bridges the trend in Palm Springs of constructing Spanish Revival style bungalows and courtyard properties before the outset of WWII, to the arrival of the sleek and sparse Modern/International Style of architecture being designed in the City after the end of WWII.

Criterion 2: The building at 457 N. Palm Canyon Dr. has not been found to be directly associated with any persons that have made a significant contribution to the history of real estate development or the construction of housing developments in the City of Palm Springs. Isador Rubin, who developed the property, was just one of many land speculators buying land, and developing commercial and residential buildings post-WWII in Palm Springs. The property is not eligible for listing in the CRHR under Criterion 2.

Criterion 3: The building at 457 N. Palm Canyon Dr. is an excellent and rare example of a Regency Revival property dating from 1947, and is the work of a master architect. The subject building was designed in 1946 by the renowned architectural team of Albert R. Walker, Gus Kalionzes, and James A. Zerbe. Albert R. Walker started his career in San Diego working with master architect Irving R. Gill, and then moved to Los Angeles to work first with John Parkinson, and then Myron H. Hunt, before setting up his own office. The building at 457 N. Palm Canyon Dr. is in excellent condition with 95% of its original materials and workmanship, and arcade configuration, still intact. As a Regency Revival style multi-use building of retail and residential use, with the residential units built as penthouses above the retail level, it is a rare and threatened property. The property at 457 N.

Palm Canyon Dr. is eligible for listing in the CRHR under Criterion 3.

Criterion 4: The subject property does not appear to have the potential to provide information about the prehistoric history of Palm Springs, Riverside County, or California. The property is not eligible for listing under Criterion 4.

Aspects of Integrity: The building at 457 N. Palm Canyon Dr. has retained the essential physical features that make up its character and appearance associated with its construction in 1947. The property has retained an exceptionally high degree of the physical attributes of it construction – down to some of the smallest details such as door hardware and original window framing materials in the retail/office suites. By having the original drawings that document the proposed front façade of Rubin’s building in 1946, we can easily see how little the building as it appears today varies from the original concept. The property has retained the aspects of design, workmanship, materials, location, setting, feeling, and association as explained below:
(See Continuation Sheet for additional text.)

B – Page 1419 of 1899
State of California  The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
CONTINUATION SHEET Trinomial

*Recorded by: Pamela Daly, M.S.H.P. *Date: June 29, 2025 Continuation  Update DPR 523L (1/95) *Required information
B. 10 Statement of Significance, continued:

Location: The subject property, 457 N. Palm Canyon Dr., continues to be located where it was constructed.

Setting: The subject property continues to be located in the retail and commercial corridor of Palm Springs.

Design: A review of the blueprints for the subject property, and an intensive-level survey of the physical aspects of the property, supports the finding that the building has retained its original form, plan, space, structure, and architectural style from when it was constructed in 1946.

Materials: A review of the original blueprints for the subject property, and an intensive level survey performed on the property, supports the finding that the building has retained an overwhelming amount of its original physical elements that were used in 1946 to construct the building.

Workmanship: The subject property has retained physical evidence of the construction and carpentry skills of workers trained in the first half of the twentieth-century.

Feeling: The subject property has retained the aesthetics and historic sense of retail shopping emporiums located in urban areas such as Beverly Hills or Hollywood, and dating from Post-World War I to circa 1950.

Association: The subject property allows a visitor to Palm Springs today, to have the authentic experience of shopping along North Palm Canyon drive immediately after the end of World War II.

The building at will be assigned the California Historical Resource Status Code of 3CS for being eligible for listing in the CRHR as an individual property through survey evaluation.

Palm Springs Designation
The property at 457 N. Palm Canyon Dr. is eligible for being designated a Class I Structure/site in the City of Palm Springs for meeting the requirement of being a historic site and criterion 3, 4, and 5 under the following themes as presented in the “City of Palm Springs Citywide Historic Context Statement and Survey Findings, December 2018”:

Multi-Family Residential Development Between the Wars (1919-1941[-1945]) Post-World War II Commercial Development (1945-1969)
Criterion 3: The property at 457 N. Palm Canyon Dr. reflects and exemplifies the transitional period of American architecture that occurred in the 1940s punctuated by the global conflict of World War II that affected all aspects of life from circa 1939 to 1945. Once World War II ended in 1945, new construction of both residential and commercial properties could begin again in earnest since building materials, and manpower that had been directed towards the war effort, could be redirected to domestic projects.

Generally, in Southern California, many new buildings were designed using sleek new International Style modern architectural designs to reflect the “jet age” of the country, or older designs were used (i.e. Colonial Revival, Regency Revival, Monterey Ranch) that appealed to an owners pre-War taste and personal preference. The building at 457 N. Palm Canyon Dr., constructed in 1946, eschewed a more sleek and sparse modern design to incorporate integral architectural details that reflected the glitz and glamour of Beverly Hills and Hollywood, using ornate cast metal railing panels and cresting on the penthouse patio walls, and classical forms in the trim work and carpentry.

Criterion 4: The property at 457 N. Palm Canyon Dr. embodies the distinctive characteristics of an unusual type of commercial/retail building with the construction of an arcaded retail space on the first floor, and penthouse residential units on the second floor. Quite a few of California’s historic business districts are home to the open, garden patio style of small shops surrounding an open space, and many of these have second story residential units above the shops. The building at 457 N. Palm Canyon Dr. may have been designed by a collaboration of I. Rubin and Albert Walker to create - on a small scale – the “feel” of the row of shops within an enclosed space such as found in the better hotels of pre-World War II. Palm Springs was known as a seasonal vacation site, and Rubin’s building may have been designed with the idea of the small shops offering ladies and/or gentlemen’s garments, sportswear, shoes and hosiery, a milliner, and a haberdashery. We could find no specific trend to the types of goods sold in Rubin’s building, and in fact, in 1950 at least two of the units were converted to use as small studio apartment units. In regards to the penthouse units, their existence was so private that it wasn’t until 2016 when the Riverside County Register of Voters became aware that the property was comprised of ten commercial units and four residential units (being the homes of potential voters).

Criterion 5: The property at 457 N. Palm Canyon Dr. was designed by Albert R. Walker, who had either individually, or in partnership with other well known architects, contributed to the built environment of Southern California evidenced by his designs for large-scale projects for churches, banks, hotels, office buildings, apartment buildings, movie theaters and hotels – including the El Mirador Hotel in Palm Springs constructed in 1927-28. (See Continuation Sheet for additional text.)

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State of California  The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
CONTINUATION SHEET Trinomial

*Recorded by: Pamela Daly, M.S.H.P. *Date: June 29, 2025 Continuation  Update DPR 523L (1/95) *Required information
B. 10 Statement of Significance, continued:

Palm Springs Designation, continued
The subject property is a well-preserved example of a Regency Revival style of multi-function building with a retail arcade on the first level, and the presence of two penthouse buildings on the roof of the arcade. This property is a contribution to his known body-of-work as an important architect of the first-half of the twentieth-century in California.

As such the property may not be modified nor objects removed without the approval of the city council; usage may be limited by the city council to the extent that it may impair the integrity of the site. Site will be plaqued as the building still exists as it did when constructed in 1947.

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State of California  The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
CONTINUATION SHEET Trinomial

*Recorded by: Pamela Daly, M.S.H.P. *Date: June 29, 2025 Continuation  Update DPR 523L (1/95) *Required information
Architect’s sketch of the building for Isador Rubin for project at 457 North Palm Canyon Drive, 1946.

Front (east) elevation of 457 N. Palm Canyon Dr. View looking west.

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State of California  The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
CONTINUATION SHEET Trinomial

*Recorded by: Pamela Daly, M.S.H.P. *Date: June 29, 2025 Continuation  Update DPR 523L (1/95) *Required information
Entrance to storefront Unit #2.

Interior view of the arcade from the front entrance. View looking west.

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State of California  The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
CONTINUATION SHEET Trinomial

*Recorded by: Pamela Daly, M.S.H.P. *Date: June 29, 2025 Continuation  Update DPR 523L (1/95) *Required information
View of the lightwell in the arcade in front of Units #7 and #8. The stairwells to the penthouse level are situated to the left and right of the lightwell where the metal security gates are situated.

The entrance façade to penthouse apartments #B, one of the two-bedroom units. View looking southeast.

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State of California  The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
CONTINUATION SHEET Trinomial

*Recorded by: Pamela Daly, M.S.H.P. *Date: June 29, 2025 Continuation  Update DPR 523L (1/95) *Required information
The entrance to #C and D, the one-bedroom apartments. The lightwell opening is situated in the patio floor between the two apartment entrances, and is surrounded by the decorative railing.

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State of California  The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
LOCATION MAP Trinomial

*Map Name: Palm Springs *Scale: 1:24,000 *Date of Map: 1996 DPR 523J (1/95) *Required information

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HISTORICAL RESOURCES EVALUATION REPORT
457 N. PALM CANYON DR., PALM SPRINGS
APPENDIX: D
Copies of blueprint drawings for “the Rubin Building” prepared by architects Arthur R. Walker, Gus W. Kalionzes and James A. Zerbe

front façade display units, arcade bulkheads, and transom openings

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Blueprints for 457 N. Palm Canyon Dr.
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Blueprints for 457 N. Palm Canyon Dr.
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Blueprints for 457 N. Palm Canyon Dr.
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Blueprints for 457 N. Palm Canyon Dr.
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Blueprints for 457 N. Palm Canyon Dr.
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Blueprints for 457 N. Palm Canyon Dr.
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Blueprints for 457 N. Palm Canyon Dr.
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Blueprints for 457 N. Palm Canyon Dr.
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Blueprints for 457 N. Palm Canyon Dr.
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HISTORICAL RESOURCES EVALUATION REPORT
457 N. PALM CANYON DR., PALM SPRINGS
APPENDIX: D
Copies of blueprint drawings for “the Rubin Building” prepared by architects Arthur R. Walker, Gus W. Kalionzes and James A. Zerbe

front façade display units, arcade bulkheads, and transom openings

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ATTACHMENT D

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B – P
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B – P

HISTORIC SITE PRESERVATION BOARD

STAFF REPORT
DATE: October 7, 2025 PUBLIC HEARING
SUBJECT: APPLICATION BY REST AREA LLC FOR HISTORIC SITE DESIGNATION OF “THE RUBIN BUILDING” LOCATED AT 457 NORTH PALM CANYON DRIVE, (APN 513-082-007) CASE: HSPB #167 (SY)
FROM: Department of Planning Services

SUMMARY
This request for Class 1 historic designation is an owner-initiated application. This mixeduse building features commercial use on the ground floor and residential use on the second floor. The building was designed by architect Albert Raymond Walker during the post-World War II period. The period of significance for this site is 1946.

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

RECOMMENDATION:

1. Open the public hearing and receive public testimony.

2. Close the public hearing and adopt Resolution HSPB #167, “A RESOLUTION OF

THE HISTORIC SITE PRESERVATION BOARD OF THE CITY OF PALM

SPRINGS, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL DESIGNATE “THE RUBIN BUILDING” LOCATED AT 457 NORTH PALM CANYON DRIVE, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE, HSPB #167, SUBJECT TO CONDITIONS (APN #513-082-007).”
BACKGROUND AND SETTING:

The rise of a prosperous middle-class changed the course of development in Palm Springs during the postwar period. Innovative forms of multi-family residential housing and ownership options began to emerge during this period to accommodate a growing population. Although the Rubin Building was first constructed as a commercial building, some of the spaces were soon converted to residential use. On ground level, there is a central arcade with commercial/retail spaces on either side and the stairs at the end of the arcade provide access to the residential units on the top floor. Designed in the Regency Revival style, the building has a symmetrical façade adorned with Neoclassical

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Historic Site Preservation Board Staff Report October 7, 2025 HSPB-167 – The Rubin Building

elements like Doric columns, decorative iron railings and balconettes.1 The building sits on an internal lot with a total of 10 commercial/retails spaces and 4 residential apartments.

It is a notable example of Regency Revival architecture by architect Albert Walker.

AERIAL VIEW OF THE SUBJECT PARCEL.

EAST (FRONT) ELEVATION FROM NORTH PALM CANYON, 2025.

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

October, 2025 Site inspection by members of the HSPB and City Staff.

Ownership Status
March, 2025 Purchased by the current owner.
1 City of Palm Springs Citywide Historic Context Statement “Architectural Styles”, 359.

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Historic Site Preservation Board Staff Report October 7, 2025 HSPB-167 – The Rubin Building

Historic Context Statement “Post-World War II (1945-1969)” Palm Springs entered a period of economic vitality during the postwar period. Various architectural styles contributed to a diverse cityscape, while mixed-use development in the downtown area affirms the changing needs of the city.

Context: Post-World War II Palm Springs (1945-1969)
Theme: Post World War II Commercial Development (1945-1969) Sub-theme: Retail and Entertainment Development (1945-1969) Registration Requirements: To be eligible under this theme, a property must:
 Date from the period of significance; and
 Represent important patterns and trends in commercial development from this period; or construction; or be associated with a significant architect or designer; and
 Display most of the character-defining features of the property type or style; and
 Retain the essential aspects of historic integrity.

Theme: Post World War II Multi-Family Residential Development (1945-1969) Registration Requirements: To be eligible under this theme, a property must:
 Date from the period of significance; and
 Represent important patterns and trends in multi-family residential development from this period; or construction; or be associated with a significant architect or designer; or
 Represents an important or rare multi-family residential property type; and
 Display most of the character-defining features of the property type or style; and
 Retain the essential aspects of historic integrity.

Context: Architectural Styles & Local Practitioners
Theme: Modern Styles of the Post-World War II Era
Sub-theme: Regency Revival
Registration Requirements: To be eligible under this theme as an excellent example of its architectural style, a property must:
 Retain most – though not necessarily all – of the character-defining features of the style, and continue to exhibit its historic appearance  If important for illustrating a particular architectural style or construction technique, must retain most of the physical features that constitute that style or technique.

ANALYSIS:

A historic resources report (“the report”), site visit, and city documents and forms are the basis of this staff report. Since its completion in 1946, building records indicate only minor alterations and the property continues to function as a mixed-use building.

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Historic Site Preservation Board Staff Report October 7, 2025 HSPB-167 – The Rubin Building

Historic Preservation activities in Palm Springs are regulated under Municipal Code Section 8.05 (“Historic Preservation”). The purpose of the Historic Preservation Ordinance is:
“…to stabilize and improve buildings, structures or areas which are considered to be of historical, architectural, archaeological or ecological value, to foster civic beauty, to strengthen the local economy and to promote the use of historic resources for the education and welfare of the citizens.” Conditions that apply to Class 1 historic sites or resources:

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

8.05.020.

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

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

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

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

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

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

Criteria for the Designation of Class 1 Historic Resources. A site, structure, building or object may be designated as a Class 1 historic resource, provided both of the following findings (“a” and “b”) are met:
a. The site, structure, building or object exhibits exceptional historic significance and meets one or more of the criteria listed below:
457 N. Palm Canyon is a two-story mixed-use building set back from the property line with a prominent storefront viewable from the street. The exterior appearance of the building is largely unchanged from the original design. The following is an analysis of the criterion and integrity findings for historic designation. (Criterion i) The resource is associated with events that have made a meaningful contribution to the nation, state or community; No meaningful event is associated with this site, thus does not qualify under Criterion i. (Criterion ii) The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history;

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The building was originally constructed for the Beverly Hills furrier, Isador Rubin. Although he was a successful and prominent businessman in the Southern California region, he does not meet the threshold for significance under this criterion. (Criterion iii) The resource reflects or exemplifies a particular period of national, state or local history;
The postwar period in Palm Springs was a time of growth, transition, and expression.

Architectural experimentation became an identity, and mixed-use buildings became a solution for the diverse needs of a growing city. The Rubin Building is a unique example of the Regency Revival style in the commercial core. The building’s scale, ground floor arcade and delicate architectural detailing bridge the transition from Spanish Revival to the Modern architecture. The design intent was to create the feeling of “a row of shops” was achieved by laying out the retail spaces along an arcade. The building reflects the transition of architectural styles and uses specific to the period. This criterion is met. (Criterion iv) The resource embodies the distinctive characteristics of a type, period or method of construction;
Unlike the National Register criterion concerning construction, the Palm Springs evaluation of construction addresses the type (of construction), the period (of construction) and the method (of construction). The building was constructed with steel frames and concrete masonry units. While not a commonly used method of construction for residential homes or small commercial buildings, this method of construction was not distinctive or uncommon. Criterion iv is not met.
(Criterion v) The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value;
Albert R. Walker is a renowned architect attributed to designing numerous landmark structures in Los Angles, including the Beverly Wilshire Hotel, the United Artist Theater, and the Oviatt Building. Albert Walker and Percy Eisen also designed the original El Mirador Hotel in Palm Springs which opened in 1927.
2 From 1941 to 1954, Walker formed
a partnership with Kalionzes and Zerbe and designed the Rubin Building in 1946. The report findings conclude that 457 N. Palm Canyon Drive is a rare and exceptional example of a Regency Revival design by this office with nearly 95% of the original design intact.

Matching the scale of the surrounding area, this mixed-use building is a good representation of the firm’s work and accurately reflects the needs of the period. Criterion v for historic significance is met.
(Criterion vi) The resource represents a significant and distinguishable entity whose components may lack individual distinction, as used in 2 City of Palm Springs Citywide Historic Context Statement “Palm Springs Between the Wars (1919-1941)”, 49.

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evaluating applications for designation of historic districts, for parcels on which more than one entity exists; or
The resource is not within a historic district and does not qualify under Criterion vi. (Criterion vii) The resource has yielded or may be likely to yield information important to national, state or local history or prehistory.

No information is available on any pre-historic significance of the site.

Analysis of Integrity. (PSMC 8.05.070 (C,1,b). The site, structure, building or object retains one or more of the following aspects of integrity, as established in the Secretary of the Interior’s Standards: integrity of design, materials, workmanship, location, setting, feeling, or association.

The Rubin Building is evaluated based on the following topics of integrity based on the Secretary of the Interior’s Standards:

Location.

The building is in its original location on the lot; therefore, the integrity of location is met.

Design.

The two-story mixed-use building evokes a sense of retail shopping seen in areas like Hollywood or Beverly Hills in the 1940s and 1950s. The front elevation is composed of two simple display windows that project outward, each set above a masonry planter and topped with a thin metal roof. The massing of the building feels solid with limited ornamentation but the ground floor entrance, projecting storefront windows, and the second-floor balcony create articulation to the front façade. The center arcade divides the commercial/retail spaces symmetrically, and the front two suites use Doric columns and decorative wood paneled doors to emphasize the Regency Revival style for the building.

The open-air atrium provides natural light into the arcade space, and the stairs lead up to the residential units above. The railings and other decorative motifs found throughout the building help contribute to the architectural style of the building. The original drawings show little change to the design and layout of the building. Staff finds the existing condition exhibits a high level of design integrity.

Setting.

On an internalized lot, the building was situated in a retail and commercial corridor that was expanding in response to the economic boom experienced in Palm Springs after the wars. The integrity of setting remains unchanged.

Materials.

Based on the original drawings, the material and architectural detailing down to the wooden doors and iron railing remains extant. Minor changes like the green granite veneer and the security gate in front of the arcade were made but most of the original materials are still in place or replaced in kind. The overall integrity of material is met.

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Workmanship.

The workmanship of the building is apparent in the architectural details that remain intact.

The windows, storefronts, wooden doors and stone veneer are in good condition and demonstrate a high level of workmanship. Staff finds the integrity of workmanship is met.

Feeling.

The repeating storefronts and regency style continue to be the unifying aesthetic throughout the building. The integrity of feeling is met.

Association.

The property is associated with the Regency Revival style of architecture and exemplifies the economic vitality experienced in Palm Springs after the wars. The design of the building also remains consistent with the original design, therefore, maintains its association with the architect Walker and his firm. The integrity of association remains.

DEFINING HISTORIC CHARACTERISTICS:

In considering a recommendation for historic resource designation it is important to distinguish those physical elements that are original or from the period of significance from alterations, additions or features that were added at a later time. Distinguishing original character-defining features from non-original elements assists the HSPB when it is tasked with evaluating future alterations to the historic resource.

Character-defining features on page 23 of the historic resources report and the staff analysis of important features are listed as follows:
• Wide overhanging eaves, including the front façade display windows • Vertically set wood paneling and cornice trim restored • Concrete masonry brick construction
• Flat front façade with upper balcony created by opening rectangular space in the front elevation
• Painted, cast metal tracery used on staircases and wall cresting • Bulkhead window units and trim
• Front display windows with metal trim
• Display windows in arcade with stainless steel and wood framing • Large, fixed, single panels of glass used for each arcade unit and front display windows
• Front planters with stone veneer finish
• Wood doors and their surrounds
• Transom openings above doors
• Steel framed casement windows on apartments
Non-contributing elements:
• Green granite around the entrance to the ground floor arcade on the front façade • Lettering “Galleria” on the front façade

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• Front entrance gate (replaced a shorter metal gate from 2014-2016) • Security gates used at the ground level of the penthouse stairwells • Rear gate (date unknown)
• Rooftop equipment
ENVIRONMENTAL ASSESSMENT:

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

NOTIFICATION:

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

CONCLUSION:

The Rubin Building meets the definition of a historic resource based on Criterion 3 and 5 of the Palm Springs Historic Preservation Ordinance and meets the necessary integrity findings to support its historic significance; therefore, staff recommends Class 1 Designation as a historic landmark property.

PREPARED BY: Sarah Yoon, Associate Planner/Historic Preservation Officer REVIEWED BY: Anthony Riederer, Assistant Director of Planning Services Attachments:

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

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EXCERPTS OF MINUTES
At the Historic Site Preservation Board meeting of the City of Palm Springs, held October 7, 2025, the Historic Site Preservation Board took the following action:

2.B. AN APPLICATION BY REST AREA LLC, FOR HISTORIC SITE DESIGNATION OF “THE RUBIN BUILDING” LOCATED AT 457 N.

PALM CANYON DRIVE, (APN 513-082-007) CASE: HSPB #167, (SY).

Historic Preservation Officer Yoon presented the staff report and answered questions of the board.

Shaheen Sadeghi, applicant, commented on the request for historic designation application.

Larry Yarchever provided public comment in support of the designation request.

Motion by Member Maschka Hitchcock, seconded by Member Paonessa to adopt the findings with amendments made to the list of character-defining features and more detail about mixed-use typology under criterion 3 and recommend that the City Council designate The Rubin Building (HSPB 167) as a Class 1 historic site. This action is not a project.

AYES: Hansen, Bachman, Moruzzi, Maschka Hitchcock, Paonessa, McCready.

NOES: None.

ABSENT: Herr.

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CITY COUNCIL STAFF REPORT
DATE: November 12, 2025 PUBLIC HEARING
SUBJECT: AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO ADOPT

A MITIGATED NEGATIVE DECLARATION AND APPROVE A TENTATIVE TRACT MAP (TTM 38843), MAJOR DEVELOPMENT PERMIT, AND
CONDITIONAL USE PERMIT FOR A SEVEN AND NINE STORY 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)
FROM: Scott C. Stiles, City Manager
BY: Planning Department
SUMMARY:

This is an appeal by the Plaza Villas Homeowners Owners Association and the Supporter’s Alliance for Environmental Responsibility (SAFER) to overturn the decision made by the Planning Commission on September 16, 2025, to approve a Tentative Tract Map for a one (1) lot subdivision for condominium purposes, a Major Development Permit and associated Mitigated Negative Declaration (MND) for the redevelopment of a 5.64- acre parking lot with a resort hotel and residential building consisting of 125 hotel rooms and 132 residential condo units in one seven (7) and one nine (9) story building, and a 6,040-square foot freestanding restaurant. A Conditional Use Permit (CUP) is required both for a High-Rise Building per Section 93.04.00 of the Palm Springs Zoning Code (PSZC) and pool bar and rooftop social club per the Section 14 Specific Plan. The development is regulated by the standards of the Section 14 Specific Plan, developed by the Agua Caliente Band of Cahuilla Indians (ACBCI), which allows buildings up to one hundred (100) feet in height with a Conditional Use Permit.

RECOMMENDATION:

1. Open the appeal hearing and receive testimony; and

2. Reject the appeal and accept the Planning Commission’s decision by adopting a Resolution entitled, “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY PLAZA VILLAS OWNERS ASSOCIATION AND “SAFER” AND UPHOLDING THE DECISION OF

THE PLANNING COMMISSION FOR THE ADOPTION OF A MITIGATED

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City Council Staff Report
November 12, 2025 -- Page 2
Appeal of Planning Commission Decision Approving TTM 38843

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).”
BUSINESS PRINCIPAL DISCLOSURE:

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

BACKGROUND:

On September 16, 2025, the Planning Commission voted 4-0-3 (Yes: Weremiuk, Miller, Aylaian, Murphy; absent Rotman, Morrill and Baker) to approve the application with conditions. The history of the application review is summarized in the table below, and the excerpts of the meeting minutes that are relevant to the project are attached to this Staff Report (Attachment G). The Planning Commission’s findings and conditions of approval are attached as Resolution No. 6987 (Attachment E).

The Planning Commission imposed the following conditions to be reviewed by the Architectural Review Committee:

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.

Pursuant to Palm Springs Zoning Code Section 94.04.00(D)(1)(e), the Planning Commission’s decision of a Development Permit and Conditional Use Permits application is final unless further appeal is made to the City Council in the manner provided by Chapter 2.05 of the Palm Springs Municipal Code. On September 23, 2025, the Supporters Alliance for Environmental Responsibility (“SAFER”) and on October 2, 2025, the Plaza Villas Homeowners Association filed an appeal request in accordance with the applicable law. The Appeal Forms are attached to this staff report (Attachment C & D).

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City Council Staff Report
November 12, 2025 -- Page 3
Appeal of Planning Commission Decision Approving TTM 38843 Related Relevant City Actions by Planning, Fire, Building, etc. 1/28/2021 Settlement Agreement was signed between the City of Palm Springs and Nexus Development
1/13/2025 Initial Study resulting in a Mitigated Negative Declaration was circulated for a 20-day review period ending on 2-3-25
3/25/2025 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 9/16/2025 The Planning Commission adopts Resolution # 6987 adopting a Mitigated Negative Declaration
9/23/2025 An appeal of the Planning Commission decision was filed by SAFER 10/2/2025 An appeal of the Planning Commission decision was filed by the Plaza Villas Homeowners Association
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

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City Council Staff Report
November 12, 2025 -- Page 4
Appeal of Planning Commission Decision Approving TTM 38843 Standard Required/ Allowed Provided Comply
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
per Section 14 Specific Plan

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
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

C – Page 1466 of 1899
City Council Staff Report
November 12, 2025 -- Page 5
Appeal of Planning Commission Decision Approving TTM 38843 Standard Required/ Allowed Provided Comply
Setbacks for
High-Rise
Buildings
High-rise buildings in Section 14
are exempt from PSZC Section

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
PROPOSED PROJECT:

The Nexus Hotel and Residential Project proposes redeveloping a parking lot with a resort hotel and residential buildings of seven and nine stories 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 lounge and fitness center in the residential building.

The hotel portion offers up to 125 hotel rooms and 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. The residential units will be available to add to the hotel room count and required to pay transit occupancy tax (TOT). 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

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City Council Staff Report
November 12, 2025 -- Page 6
Appeal of Planning Commission Decision Approving TTM 38843 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 a 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 was submitted as part of the project. 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.

Conditional Use Permit:

A Conditional Use Permit is required to allow height over thirty-five (35) feet per Section

93.04.00 of the PSZC; the Section 14 Specific Plan allows up to one hundred (100) feet with the approval of a CUP.

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, the Palm Springs Zoning Code (PSZC) and all 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.

APPELLANT’S GROUNDS FOR APPEAL REQUEST:

In the Appeal Form (Attachment C), the appellants explain the basis for filing the appeal request as described in the following paragraphs.

SAFER: The following statement from SAFER’s justification letter explains the basis for their appeal:
“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 prepare and Environmental Impact Report (EIR) for the project.” Plaza Villas Homeowners Association: The Plaza Villas Homeowners Association provide the following points as the basis for their appeal:
• 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.

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City Council Staff Report
November 12, 2025 -- Page 7
Appeal of Planning Commission Decision Approving TTM 38843 • 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. • 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.

In response to the Appellants’ letters, the City’s CEQA consultant (Terra Nova Planning) has prepared a response to comments related to environmental concerns and is attached to the Staff Report (Attachment L).

In response to the appeal letter from the Plaza Villas HOA, public noticing was conducted per Section 94.09.00 of the PSZC; and evaluation of the project was conducted per the Section 14 Specific Plan, the General Plan and all zoning development standards and Staff deemed the project compliant.

STAFF ANALYSIS:

On December 21, 2021, the City entered into a Settlement Agreement (Attachment H) with Nexus Development relative to a Federal Court Lawsuit for real property commonly known as the “Prairie Schooner” site which is the subject lot for the proposed project. The City entered into a Parking Lot License Agreement providing for the use of the Prairie Schooner property for public parking purposes until such time that the site develops. The Settlement Agreement determined that Nexus Development will in good faith effort use commercially responsible efforts to pursue development, financing, and construction of a hotel project on the site. The City agreed to take all steps reasonably necessary to expedite the application for the hotel project entitlements, consistent with applicable land

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City Council Staff Report
November 12, 2025 -- Page 8
Appeal of Planning Commission Decision Approving TTM 38843 use and environmental process requirements, such as public hearings, notice and participation requirements.

On September 16, 2025 the Planning Commission held a public hearing and received information provided in the staff report along with testimony from the City environmental consultant and discussed detailed analysis of the Mitigated Negative Declaration (MND).

Additional information was provided by the applicant related to the proposed project and extensive public comments were provided. The Planning Commission voted 4-0-3 to adopt the MND, and approve the Conditional Use Permit and the Major Development Permit.

Staff interpreted and analyzed the Section 14 Specific Plan, General Plan policies and zoning ordinance regulations as they related to high-rise buildings as well as the MND in preparing findings and conditions of approval that supported a recommendation of approval. The following sections of this report provide an analysis of the development’s conformance to applicable regulations and plans.

Section 14 Specific Plan/Zoning Analysis:

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 which were adopted by ACBCI in consultation with the City. The Project will meet the development standards of the Section 14 Specific plan as it does 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 as permitted and conditionally permitted uses in the Resort Attraction designation. 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 and to permit the height as required by the code. 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 development regulations.

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.

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City Council Staff Report
November 12, 2025 -- Page 9
Appeal of Planning Commission Decision Approving TTM 38843  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 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 area’s 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 and meets 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 and residences 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

C – Page 1471 of 1899
City Council Staff Report
November 12, 2025 -- Page 10
Appeal of Planning Commission Decision Approving TTM 38843 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:

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
The parking is configured as follows:
 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

C – Page 1472 of 1899
City Council Staff Report
November 12, 2025 -- Page 11
Appeal of Planning Commission Decision Approving TTM 38843 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.

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 require greater setbacks for the taller building and the proposed development complies by providing 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 (see Attachment M, page 27). The greatest shade will occur at the winter solstice when the sun is at its lowest point per the study. According to the analysis, a small strip along the southern boundary of the Plaza Villas will experience shade during portions of the days surrounding the winter solstice.

The Section 14 Specific Plan, as detailed in the intent of the document, states that developments 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 uses.
 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) pending the outcome of this appeal hearing.

Conclusion:

As the proposed development conforms to the requirements of the Palm Springs Zoning

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City Council Staff Report
November 12, 2025 -- Page 12
Appeal of Planning Commission Decision Approving TTM 38843 Code and the Section 14 Specific Plan, and has been properly analyzed and conditioned for any potential environmental impacts as required under the California Environmental Quality Act (CEQA), staff recommends that the appeal be rejected and that the project be approved subject to the conditions of approval imposed 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, Public Services, Transportation, Tribal Cultural Resources, and Utilities and Service Systems.

ALIGNMENT WITH STRATEGIC PLANNING:

The project proposes the development of a vacant 5.65-acre parcel for a 257-room resort hotel that will add to the overall room count and will support activities at the Palm Springs Convention Center.

FISCAL IMPACT:

None.

REVIEWED BY:

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

A. Vicinity Map
B. City Council Draft Resolution
C. Letter of Appeal from SAFER filed 9-23-25
D. Letter of Appeal from the Plaza Villas HOA filed on 10-2-2025 E. Planning Commission Resolution # 6987
F. Planning Commission Minutes Excerpts of 9-16-2025
G. Planning Commission Staff Report 9-16-2025
H. Settlement Agreement
I. Letter from Applicant – Response to Appeal
J. Business Disclosure Form
K. Letter from Agua Caliente Band of Cahuilla Indians
L. Response to Comments to SAFER from CEQA Consultant
M. Site Plan and Building Elevations

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ATTACHMENT
A

C – Page 1475 of 1899
C – P

ATTACHMENT B

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RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS

CALIFORNIA DENYING THE APPEAL BY SAFER AND PLAZA VILLAS HOA AND UPHOLDING THE PLANNING COMMISSION’S DECISION TO ADOPT

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)
A. Nexus Development, (“Applicant”) submitted an application with the City pursuant to Section 66474 of the Subdivision Map Act for a Tentative Tract Map; per the Section 14 Specific Plan and Section 94.04.01(D) of the Palm Springs Zoning Code (PSZC) for a Major Development Permit; and Section 93.04.00 – High-Rise Buildings per a Conditional Use Permit for the 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.

B. On January 28, 2021, the City Council signed a Settlement Agreement with Nexus Development relative to a Federal Court Lawsuit for real property commonly known as the “Prairie Schooner” site which is the subject lot for the proposed project. The Settlement Agreement determined that Nexus Development will in good faith effort use commercially responsible efforts to pursue development, financing, and construction of a hotel project on the site. The City agreed to take all steps reasonably necessary to expedite the application for the hotel project entitlements, consistent with applicable land use and environmental process requirements, such as public hearings, notice and participation requirements.

C. On September 16, 2025, a public hearing on the proposed Tentative Tract Map, Major Development Permit, and Conditional Use Permit applications including the adoption of a Mitigated Negative Declaration per CEQA was held by the Planning Commission in accordance with applicable law.

D. On September 16, 2025, the Planning Commission reviewed and voted 4-0-3 (Weremiuk, Miller, Murphy, Aylaian) to adopt the Mitigated Negative Declaration, approve a Major Development Permit and Conditional Use Permit for High-Rise Building with conditions as the project is in conformance with the Section 14 Specific Plan, General Plan and Zoning.

E. On September 23, 2025, Supporters Alliance for Environmental Responsibility filed an appeal to the City Council of the September 16, 2025 decision to approve Cases DP 2023-0017, CUP 2023-0018 and STM 2023-0014 in accordance with applicable law.

F. On October 2, 2025, Plaza Villas Homeowners Association filed an appeal to the City Council of the September 16, 2025 decision to approve Cases DP 2023-0017, CUP 2023-0018 and STM 2023-0014 in accordance with applicable law    .

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Resolution No. _____

G. On November 12, 2025, an appeal hearing on Cases DP 2023-0017, CUP 2023- 0018 and STM 2023-0014 was held by the City Council in accordance with applicable law.

H. An Initial Study (IS) has been prepared for the proposed “project” resulting in a Mitigated Negative Declaration (MND) which 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, Public Services, Transportation, Tribal Cultural Resources, and Utilities and Service Systems. The site is in the Section 14 Specific Plan and is a by-right use for a resort hotel and is in conformance with the General Plan and zoning, and no variances or exceptions are required.

I. The City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the Project, including but not limited to the staff report, all environmental data including the Initial Study resulting in a Mitigated Negative Declaration prepared for the project and all written and oral testimony presented.

J. Pursuant to Section 66474 of the Subdivision Map Act, the following findings for the Tentative Tract Map 38842 are made by the City Council:

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:

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

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Resolution No. _____

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.

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

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Resolution No. _____

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.

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.

K. 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 City Council:

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

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designated as Tourist-Resort-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.

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-today needs of nearby residents, employees, and visitors.

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.

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

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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.

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 ninestories. 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

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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.

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 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;

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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, Transportation. All other impacts are less than significant.

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.

L. 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 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.

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 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:

GOAL LU1: Establish a balanced pattern of land uses that complements the

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pattern and character of existing uses, offers opportunities for the intensification of key targeted sites, minimizes adverse environmental impacts, and has positive economic results.

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.

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.

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 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

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

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

SECTION 2. 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, Transportation. All other impacts are less than significant SECTION 3. That the City Council hereby denies the appeal by SAFER, and Plaza Villas HOA and upholds the Planning Commission’s decision to adopt a Mitigated Negative Declaration (MND), approve Tentative Tract Map, a Major Development Permit, and a Conditional Use Permit 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

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132 residential condo units, and a 6,040-square foot freestanding restaurant building located at 847 East Andreas Road.

ADOPTED THIS 12TH DAY OF NOVEMBER, 2025.

SCOTT STILES

CITY MANAGER
ATTEST:

BRENDA PREE

CITY CLERK

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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

BRENDA PREE

CITY CLERK

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ATTACHMENT
C

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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
Appeal Form
Formulario de Apelación
City of Palm Springs
TEL (760) 323-8204 FAX (760) 322-8332
Reserved for Filing Stamp
th

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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]

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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),

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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

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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

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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

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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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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

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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

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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

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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,

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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]

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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.

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.

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

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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

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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

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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

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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

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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.

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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.

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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.

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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.

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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

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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.

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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

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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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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

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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.

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ATTACHMENT
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ATTACHMENT
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ATTACHMENT
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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.

C – Page 1646 of 1899
Planning Commission
Excerpts of Minutes
September 16, 2025

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

C – Page 1647 of 1899

ATTACHMENT
G

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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.

C – Page 1649 of 1899
Planning Commission Staff Report
September 16, 2025 – Page 2 of 18
Case STM 2023-0014, DP 2023-0017 & CUP 2023-0018 – Nexus Hotel 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.

C – Page 1650 of 1899
Planning Commission Staff Report
September 16, 2025 – Page 3 of 18
Case STM 2023-0014, DP 2023-0017 & CUP 2023-0018 – Nexus Hotel 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

C – Page 1651 of 1899
Planning Commission Staff Report
September 16, 2025 – Page 4 of 18
Case STM 2023-0014, DP 2023-0017 & CUP 2023-0018 – Nexus Hotel 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

C – Page 1652 of 1899
Planning Commission Staff Report
September 16, 2025 – Page 5 of 18
Case STM 2023-0014, DP 2023-0017 & CUP 2023-0018 – Nexus Hotel 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

C – Page 1653 of 1899
Planning Commission Staff Report
September 16, 2025 – Page 6 of 18
Case STM 2023-0014, DP 2023-0017 & CUP 2023-0018 – Nexus Hotel 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:

C – Page 1654 of 1899
Planning Commission Staff Report
September 16, 2025 – Page 7 of 18
Case STM 2023-0014, DP 2023-0017 & CUP 2023-0018 – Nexus Hotel 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.

C – Page 1655 of 1899
Planning Commission Staff Report
September 16, 2025 – Page 8 of 18
Case STM 2023-0014, DP 2023-0017 & CUP 2023-0018 – Nexus Hotel 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,

C – Page 1656 of 1899
Planning Commission Staff Report
September 16, 2025 – Page 9 of 18
Case STM 2023-0014, DP 2023-0017 & CUP 2023-0018 – Nexus Hotel 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:

C – Page 1657 of 1899
Planning Commission Staff Report
September 16, 2025 – Page 10 of 18
Case STM 2023-0014, DP 2023-0017 & CUP 2023-0018 – Nexus Hotel 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.

C – Page 1658 of 1899
Planning Commission Staff Report
September 16, 2025 – Page 11 of 18
Case STM 2023-0014, DP 2023-0017 & CUP 2023-0018 – Nexus Hotel

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.

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.

C – Page 1659 of 1899
Planning Commission Staff Report
September 16, 2025 – Page 12 of 18
Case STM 2023-0014, DP 2023-0017 & CUP 2023-0018 – Nexus Hotel 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.

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.

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.

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.

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Planning Commission Staff Report
September 16, 2025 – Page 13 of 18
Case STM 2023-0014, DP 2023-0017 & CUP 2023-0018 – Nexus Hotel 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.

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

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Planning Commission Staff Report
September 16, 2025 – Page 14 of 18
Case STM 2023-0014, DP 2023-0017 & CUP 2023-0018 – Nexus Hotel 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.

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.

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

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Planning Commission Staff Report
September 16, 2025 – Page 15 of 18
Case STM 2023-0014, DP 2023-0017 & CUP 2023-0018 – Nexus Hotel 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.

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.

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.

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.

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Planning Commission Staff Report
September 16, 2025 – Page 16 of 18
Case STM 2023-0014, DP 2023-0017 & CUP 2023-0018 – Nexus Hotel 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:

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.

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.

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.

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

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Planning Commission Staff Report
September 16, 2025 – Page 17 of 18
Case STM 2023-0014, DP 2023-0017 & CUP 2023-0018 – Nexus Hotel 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.

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.

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Planning Commission Staff Report
September 16, 2025 – Page 18 of 18
Case STM 2023-0014, DP 2023-0017 & CUP 2023-0018 – Nexus Hotel 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

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ATTACHMENT
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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

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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.

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ATTACHMENT
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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.

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Nexus Hotel Project
Supplemental Response to Comments

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.)

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Nexus Hotel Project
Supplemental Response to Comments

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).

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Nexus Hotel Project
Supplemental Response to Comments

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.

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 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.

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Nexus Hotel Project
Supplemental Response to Comments

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.

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Supplemental Response to Comments

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.

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.

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.

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.

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• 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.

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Supplemental Response to Comments