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3. Conceptual Planning & Phasing Strategy
Includes:
• Conceptual district-wide design alternatives;
• Vehicular, pedestrian, bicycle, and micro-mobility improvements; • Shade, lighting, landscape, and placemaking strategies; • Corridor-specific masterplans (Arenas Road, Amado Road, secondary connectors); • Phasing approach aligned with PSCC construction staging; • Coordination with the architectural team and Section 14 planning efforts.
4. District Kit of Parts (with Branding/Marketing Team) Includes development of planning-level design guidelines and a flexible, district-wide Kit of Parts intended to inform future detailed design:
• Lighting concepts and district-wide lighting guidelines; • Public art framework and recommended placement strategies; • Shade and microclimate principles, including high-level structure typologies; • Streetscape and furnishing guidelines establishing character and hierarchy; • Wayfinding and placemaking strategies aligned with district branding; • Green infrastructure principles and integration opportunities; • A menu-based planning framework enabling cost flexibility and phased, scalable implementation.
5. Rough Order of Magnitude (ROM) Cost Estimates
Includes:
• ROM cost tables for each Kit-of-Parts element;
• Construction sequencing cost logic;
• District-wide cost modeling to support budgeting for implementation stages; • Coordination with cost estimator and engineering team.
6. Public Engagement & Communications
Includes:
• Meeting preparation and materials;
• Engagement strategy (in collaboration with City and PCSS staff); • Up to four (4) Community Engagement sessions and up to seven (7) Key Stakeholder workshops;; • Public engagement summary reports;
• Online and in-person presentation materials.
7. Presentations (Working Group, Stakeholders, City Council) Includes:
• Up to 10 Working Group presentations;
• Up to 3 City Council presentations;
• Coordination with architectural and branding consultants; • Final presentation materials and documentation.
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C. Hourly Rate Summary (Prime + Subconsultants)
(All rates extracted directly from approved schedules)
!melk - Urban Design / Landscape Architecture / Public Engagement / Team Coordination • Principal $ 390/hr
• Project Manager $ 270/hr
• Senior Designer $ 190/hr
• Designer $ 140/hr
• Technician $ 170/hr
• Draftsman $ 130/hr
• Administrative $ 85/hr
• Intern $ 65/hr
Sherwood Design Engineers - Civil Engineering
• Principals / Managing Principals / Design Principals $ 285 – $ 350/hr • Associate Principal $ 260/hr
• Senior Engineer / Sr. PM / Strategist $ 240 – $ 250/hr • Project Engineer / Designer III $ 200 – $ 220/hr
• CAD / Design Tech / Designer II / Graphics $ 165 – $ 195/hr • Proj. Assistant $ 145/hr
L’Observatoire International - Lighting Design
• Principal $ 600/hr
• Project Director $ 375/hr
• Associate Project Director $ 325/hr
• Senior Associate $ 275/hr
• Associate $ 250/hr
• Senior Designer $ 200/hr
• Designer $ 170/hr
• Proj. Assistant / Draftsman / Renderer $140/hr
Gardiner & Theobald - Cost Estimating
• Managing Director $ 425/hr
• Senior Director $ 400/hr
• Director $ 275/hr
• Senior Assoc. Director $ 245/hr
• Associate Director / Senior Cost Manager $ 225/hr
• Senior Project Manager / Cost Manager $ 195/hr
• Project Manager $ 175/hr
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D. Estimated Staffing Distribution
Based on the assumed scope and in order to build a responsible and efficient NTE estimate, the following staffing distribution is used:
• Principal: 8–10%
• Project Manager: 20–25%
• Senior Designer / Designer: 45–50%
• Technical / Drafting: 10%
• Administrative: 2–3%
• Subconsultants (combined): 10–15%
This staffing distribution reflects a masterplanning-level effort consistent with assignments of similar scope, scale, and complexity to the Palm Springs Convention Center District Urban Connectivity Strategy and Urban Design Scope.
Please note: A blended effective team rate is not used for billing; it is used only to translate NTE values into estimated hours for planning and allocation.
E. NTE Cost Summary
E.1 PROFESSIONAL SERVICES / ESTIMATED HOURS
Deliverable NTE Amount Estimated Hours
Existing Conditions Assessment $ 212,850 ~ 850 hrs
Visioning & Strategic Planning $ 283,800 ~ 1,135 hrs
Conceptual Planning & Phasing $ 312,180 ~ 1,250 hrs
District Kit of Parts (Guidelines) $ 258,220 ~ 1,020 hrs ROM Cost Estimates $ 87,200 ~ 360 hrs
Public Engagement $ 193,800 ~ 780 hrs
Presentations (WG + Council) $ 70,950 ~ 285 hrs
TOTAL $ 1,419,000 ~ 5,680 hrs
Hours allocated per task order based on the approved rate sheets.
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E.2 REIMBURSABLE TRAVEL EXPENSES ALLOWANCE
In response to the City’s request, the NTE amount includes an allowance for reimbursable travel expenses for in-person meetings, public outreach, and key presentations.
Assumptions:
• Per-person, per-trip allowance: $1,500 (airfare, lodging for 2 nights, ground transportation, and per diem); For budgeting purposes, in-season trips (October–April) are assumed at approximately $1,700 per person per trip, and out-of-season trips (May–September) at approximately $1,300 per person per trip, yielding an average planning cost of $1,500 per person per trip. During the first year of the project, !melk assumes approximately one in-person trip per month to support coordination, public engagement, and presentations.
• Team size per trip: 3 !melk staff
• Estimated is eighteen (18) trips between January 1, 2026 and December 31, 2028; total travel allowance under this contract: $1,500 x 3 = $45,000 x 18 = $81,000 This $81,000 is included within the $1,500,000 NTE and is intended to cover travel associated with:
- Kick-off and coordination meetings;
- Stakeholder and community engagement sessions;
- Working Group meetings;
- Key milestone and City Council presentations.
Actual travel will be billed at cost in accordance with the contract, up to this allowance. Any material change in the agreed number of in-person trips or a significant shift in travel costs may require adjustment via task order or contract amendment, subject to City approval.
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F. Detailed Deliverables, Hours, & Assumptions
Below is a deliverables structure including subconsultant participation, meeting assumptions, and effort distribution.
1. Existing Conditions Assessment NTE: $ 212,850 - Estimated Hours: ~ 850 Scope:
• Land use, zoning, circulation, and environmental conditions review • GIS mapping and analysis
• Existing Conditions Report (PDF) and summary matrix
Subconsultant involvement:
• Sherwood: light input on ROW, utilities
• No lighting
• G&T minimal
Meetings & Trips Assumed:
• Community Engagement Meetings: 0
• Key Stakeholder Meetings: 0
• Working Group sessions: 3 (kick-off / scoping)
• City Council presentations: 0
• In-person trips: 2
2. Visioning & Strategic Planning Report NTE: $ 283,800 - Estimated Hours: ~ 1,135 Scope:
• District-wide vision
• Connectivity hierarchy
• Integration with Section 14 Specific Plan
• Illustrative diagrams and narrative
Subconsultants:
• L’Observatoire: light contribution to district lighting identity • No civil / no G&T
Meetings & Trips Assumed:
• Community Engagement Meetings: 1
• Key Stakeholder Meetings: 2
• Working Group sessions: 6
• City Council presentations: 0
• In-person trips: 4
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3. Conceptual Planning & Phasing Strategy NTE: $ 312,180 - Estimated Hours: ~ 1,250 Scope:
• Conceptual alternatives for corridors and connectors
• Multimodal circulation planning
• Corridor plans (Arenas Rd, Amado Rd, support connectors) • Phasing aligned to PSCC renovation milestones
Subconsultants:
• Sherwood: moderate (circulation, ROW constraints)
• L’Observatoire: minimal
• G&T: light coordination
Meetings & Trips Assumed:
• Community Engagement Meetings: 1
• Key Stakeholder Meetings: 2
• Working Group sessions: 6
• City Council presentations: 0
• In-person trips: 4
4. District Kit of Parts (Design Guidelines) NTE: $ 258,220 - Estimated Hours: ~ 1,020 Scope:
• District-wide design guidelines for:
- Lighting concepts
- Public art framework
- Shade/microclimate strategies
- Streetscape & furnishings guidelines
- Wayfinding & placemaking principles
- Green infrastructure guidelines
• Menu-based framework enabling scalable implementation Subconsultants:
• Sherwood: guideline input
• L’Observatoire: moderate guideline input
• G&T: limited
Meetings & Trips Assumed:
• Community Engagement Meetings: 2
• Key Stakeholder Meetings: 2
• Working Group sessions: 6
• City Council presentations: 0
• In-person trips: 4
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5. Rough Order of Magnitude (ROM) Cost Estimates NTE: $ 87,200 - Estimated Hours: ~ 360 Scope:
• ROM costs for Kit-of-Parts elements
• Sequencing logic and budget ranges
• District-level cost modeling
Subconsultants:
• G&T: heavy lead role
• Sherwood: light verification
• No lighting
Meetings & Trips Assumed:
• Community Engagement Meetings: 0
• Key Stakeholder Meetings: 1
• Working Group sessions: 3 (cost and phasing review)
• City Council presentations: 0
• In-person trips: 1
6. Public Engagement NTE: $ 193,800 - Estimated Hours: ~ 780 Scope:
• Engagement strategy
• Workshop materials (visuals, boards, handouts)
• Facilitation and participation
• Engagement Summary Reports
Subconsultants:
• Prime only (unless City requests otherwise)
Assumptions:
• City leads logistics
• Four (4) in-person Community Engagement sessions (these all constitute in-person trips and are distributed across Tasks 2, 3, and 4 as described above)
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7. Presentations: Working Group & City Council NTE: $ 70,950 - Estimated Hours: ~ 285 Scope:
• Working Group presentations
• City Council presentations
• Final presentation materials
Assumptions:
• Subconsultants do not bill unless specifically requested Meetings & Trips Assumed:
• Working Group presentations: up to 10 (inclusive of the sessions listed per task above); • City Council presentations: up to 3;
• In-person trips: 3
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G. General Assumptions
• This NTE proposal reflects an informed, planning-level estimate developed in advance of a finalized project schedule and prior to initiation of coordination with the PSCC Owner’s Representative, who will oversee alignment between the City’s consultant teams. As such, the proposed task structure, meeting counts, and staffing allocations represent reasonable assumptions rather than fixed commitments regarding sequencing or effort distribution. • The City-requested meeting counts and travel assumptions are intended to establish a clear baseline for scope tracking. Any increase or material modification to these assumptions, including but not limited to additional meetings, presentations, engagement sessions, or in-person trips, shall constitute a scope change and may require corresponding fee adjustments via task order or contract amendment.
• !melk, and its subconsultants, will manage the work to remain within the total $1,500,000 Not-toExceed amount unless additional authorization is provided by the City. • All work is authorized by task order.
• Billing occurs at each firm’s approved hourly rates.
• Subconsultant participation per task follows the assumptions outlined in the detailed task descriptions (civil, lighting, and cost estimating support where applicable).
H. Conclusion
This NTE proposal reflects the scope, staffing approach, hourly rates, travel assumptions, and meeting counts requested by the City, and provides a clear cost framework for the development of the PSCC District Urban Connectivity Plan.
We remain prepared to revise, clarify, or expand this estimate should the City request additional information and look forward to advancing this important work in partnership with the City of Palm Springs.
Warm Regards,
Jerry van Eyck, ING RLA ASLA
Founder & Principal
Globalmelk LLC
Attachment A:
FULL STAFFING ESTIMATE & HOURS MATRIX
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Attachment A :
FULL STAFFING ESTIMATE & HOURS MATRIX
1. Existing Conditions Assessment Total Estimated Hours: ~ 850 Role % Estimated Hours
Principal 9% 77 hrs
Project Manager 22.5% 191 hrs
Senior Designer / Designer 47.5% 404 hrs
Technical 10% 85 hrs
Administrative 2.5% 21 hrs
Subconsultants 12.5% 55 - 90 hrs
Subtotal (Prime): ~ 778 hrs
Subtotal (Subconsultants): ~ 55 - 90 hrs
Total: ~ 850 hrs
Subconsultant participation:
• Sherwood: Light input (ROW, utilities)
• L’Observatoire: None
• G&T: Minimal
2. Visioning & Strategic Planning Total Estimated Hours: ~ 1,135 Role % Estimated Hours
Principal 9% 102 hrs
Project Manager 22.5% 255 hrs
Senior Designer / Designer 47.5% 540 hrs
Technical 10% 113 hrs
Administrative 2.5% 28 hrs
Subconsultants 12.5% 50–90 hrs
Subtotal (Prime): ~ 1,038 hrs
Subtotal (Subconsultants): ~ 50–90 hrs
Total: ~ 1,135 hrs
Subconsultant participation:
• L’Observatoire: Light district lighting identity input • Sherwood: None
• G&T: None
Attachment to NTE Cost Proposal December 16, 2025 - !melk 1
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3. Conceptual Planning & Phasing Strategy Total Estimated Hours: ~ 1,250 Role % Estimated Hours
Principal 9% 113 hrs
Project Manager 22.5% 281 hrs
Senior Designer / Designer 47.5% 594 hrs
Technical 10% 125 hrs
Administrative 2.5% 31 hrs
Subconsultants 12.5% 110 - 150 hrs
Subtotal (Prime): ~ 1,144 hrs
Subtotal (Subconsultants): ~ 110 - 150 hrs
Total: ~ 1,250 hrs
Subconsultant participation:
• Sherwood: Moderate (multimodal circulation, ROW constraints) • L’Observatoire: Minimal
• G&T: Light coordination
4. District Kit of Parts (Design Guidelines) Total Estimated Hours: ~ 1,020 Role % Estimated Hours
Principal 9% 92 hrs
Project Manager 22.5% 230 hrs
Senior Designer / Designer 47.5% 485 hrs
Technical 10% 102 hrs
Administrative 2.5% 25 hrs
Subconsultants 12.5% 90 - 120 hrs
Subtotal (Prime): ~ 934 hrs
Subtotal (Subconsultants): ~ 90 - 120 hrs
Total: ~ 1,020 hrs
Subconsultant participation:
• Sherwood: Moderate (GI, ROW, feasibility inputs)
• L’Observatoire: Moderate (lighting guideline framework) • G&T: Limited
Attachment to NTE Cost Proposal December 16, 2025 - !melk 2
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5. Rough Order of Magnitude (ROM) Cost Estimates Total Estimated Hours: ~ 360 Role % Estimated Hours
Principal 9% 32 hrs
Project Manager 22.5% 81 hrs
Senior Designer / Designer 47.5% 171 hrs
Technical 10% 36 hrs
Administrative 2.5% 9 hrs
Subconsultants 12.5% 40 - 60 hrs
Subtotal (Prime): ~ 329 hrs
Subtotal (Subconsultants): ~ 40–60 hrs
Total: ~ 360 hrs
Subconsultant participation:
• G&T: Heavy lead role
• Sherwood: Light verification
• L’Observatoire: None
6. Public Engagement Total Estimated Hours: ~ 780
Role % Estimated Hours
Principal 9% 70 hrs
Project Manager 22.5% 176 hrs
Senior Designer / Designer 47.5% 371 hrs
Technical 10% 78 hrs
Administrative 2.5% 20 hrs
Subconsultants 0% 0 hrs
Subtotal (Prime): ~ 715 hrs
Total: ~ 780 hrs
Subconsultant participation:
• Prime only, unless otherwise requested by City
Attachment to NTE Cost Proposal December 16, 2025 - !melk 3
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7. Presentations (Working Group & City Council) Total Estimated Hours: ~ 285 Role % Estimated Hours
Principal 9% 26 hrs
Project Manager 22.5% 64 hrs
Senior Designer / Designer 47.5% 135 hrs
Technical 10% 29 hrs
Administrative 2.5% 7 hrs
Subconsultants 0% 0 hrs
Subtotal (Prime): ~ 261 hrs
Total: ~ 285 hrs
Subconsultant participation:
• None anticipated unless City specifically requests
ROLLUP SUMMARY
Deliverable Hours
Existing Conditions 850
Visioning & Strategy 1,135
Conceptual Planning 1,250
District Kit of Parts 1,020
ROM Estimates 360
Public Engagement 780
Presentations 285
TOTAL HOURS 5,680
Attachment to NTE Cost Proposal December 16, 2025 - !melk 4
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EXHIBIT “C”
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ATTACHMENT B
Professional Services
Agreement 25Q442
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PROFESSIONAL SERVICES AGREEMENT 25Q442
BRANDING AND MARKETING FOR CONVENTION
CENTER CONNECTOR
This Professional Services Agreement (“Agreement”) is entered into this 14th day of January 2026 (“Effective Date”), by and between the City of Palm Springs, a California charter city and municipal corporation, (“City”) and Multistudio, a Kansas corporation, (“Consultant”). City and Consultant are individually referred to as “Party” and are collectively referred to as the “Parties.”
RECITALS
A. City requires the services of a qualified firm to provide branding and marketing specialists integrated with the urban design firm and project team that establishes a convention center district identity that will visually connect the user and the Palm Springs Convention Center (PSCC) from the facility to downtown (“Project”).
B. Consultant has submitted to City a proposal to provide branding and marketing, to City under the terms of this Agreement.
C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement.
D. City desires to retain Consultant to provide such professional services.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit “A” (the “Services” or “Work”), which is attached and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Consultant represents that Consultant is a provider of professional services and that Consultant is experienced in performing the Work contemplated and, in light of such status and experience, Consultant shall perform the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by experienced and well qualified members of the profession currently practicing under similar conditions (“Standard of Care”).
1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City’s Request for Proposals; and, (4) the Consultant’s signed, original proposal submitted to the City (“Consultant’s Proposal”), (collectively referred to as the “Contract Documents”). The City’s Request for Proposals and the Consultant’s Proposal, which are both attached as Exhibit “B”, respectively, are incorporated herein by this reference and are made a part of this Agreement. The Scope of Services shall
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include the Consultant’s Proposal. All provisions of the Scope of Services, the City’s Request for Proposals and the Consultant’s Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the provisions of the Scope of Services (Exhibit “A”); (2nd) the provisions of the City’s Request for Proposal; (3rd) the terms of this Agreement; and, (4th) the provisions of the Consultant’s Proposal.
1.3 Compliance with Law. Consultant warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
1.4 Licenses, Permits, Fees, and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and under this Agreement.
1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant: (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit “B” and incorporated herein by this reference. Compensation shall not exceed the maximum contract amount of Five Hundred Seventy-Two Thousand Two Hundred Fifty Dollars ($572,250) ("Maximum Contract Amount"), except as may be provided under Section
2.3. The method of compensation shall be as set forth in Exhibit “B.” Compensation for necessary expenditures must be approved in advance by the Contract Officer designated under Section 4.2.
The Maximum Contract Amount shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings.
2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation (Exhibit “B”), in any month in which Consultant wishes to receive payment, Consultant shall submit to the City an invoice for Services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City’s Finance Director and must be submitted no later than the tenth (10th) working day of such month. Such requests shall be based upon the amount and value of the Services performed by Consultant and accompanied by such
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reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month.
2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by City, the Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three years, commencing on the Effective Date, and ending on December 31, 2028, unless extended by mutual written agreement of the Parties. However, the term shall not exceed three years from the Effective Date, except as otherwise provided in the Schedule of Performance described in Section 3.4 below.
3.2 Termination Prior to Expiration of Term. The City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant.
Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.
3.3 Schedule of Performance. Consultant shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension.
3.4 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Consultant
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notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified.
The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement:
Amanda Harper, Principal It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subconsultant(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subconsultant and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent
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of City.In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability under this Agreement without the express written consent of City.
4.4 Independent Consultant. The legal relationship between the Parties is that of an independent Consultant, and nothing shall be deemed to make Consultant a City employee.
A. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.
B. Consultant shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.
C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, servants, representatives, subconsultants, or agents, Consultant shall indemnify City for all such financial obligations.
4.5 California Labor Code Requirements.
A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which
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include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.
5. INSURANCE
5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, the insurance described herein. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Consultant's performance of Work under this Agreement, including Consultant's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows:
A. Errors and Omissions Insurance. Contractor shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form contract liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. required
X is not required;
(1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification under (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement. (2) If the policy of insurance is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a
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period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. (3) In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.
B. Workers’ Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers’ compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City and to require each of its subconsultants, if any, to do likewise under their workers’ compensation insurance policies. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.
C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations.
D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars.
E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease.
5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or selfinsured retentions in excess of $10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Consultant’s ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000.
5.3 Other Insurance Requirements. The following provisions shall apply to the
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insurance policies required of Consultant under this Agreement:
A. For any claims related to this Agreement, Consultant’s coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.
B. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers.
C. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
D. No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing.
E. Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement.
F. Consultant agrees to ensure that subconsultants, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants and others engaged in the Project will be submitted to the City for review.
G. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard.
H. Consultant shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage.
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I. Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.
J. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section.
K. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims.
L. Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant’s activities or the activities of any person or person for which the Consultant is otherwise responsible.
5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances.
5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
B. "This insurance is primary and non-contributory over any insurance or selfinsurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
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C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant’s obligation to provide them.
6. INDEMNIFICATION
6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to, Claims arising from injuries to or death of persons (Consultant’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability under this Agreement. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.
6.2 Design Professional Services Indemnification and Reimbursement. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
7. REPORTS AND RECORDS
7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed
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accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about the cost of the Work to be performed under this Agreement. For this reason, Consultant agrees that Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services. If Consultant is providing design services, Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subconsultants, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all resulting damages. Consultant may retain copies of such documents for their own use.
Consultant shall have an unrestricted right to use the concepts embodied tin this Agreement.
Consultant shall ensure that all its subconsultants shall provide for assignment to City of any documents or materials prepared by them. In the event Consultant fails to secure such assignment, Consultant shall indemnify City for all resulting damages.
7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.
All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant’s performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
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8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Default of Consultant. Consultant’s failure to comply with any provision of this Agreement shall constitute a default.
A. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City’s right to terminate this Agreement without cause under Section 3.2.
B. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.3(A), take over the work and prosecute the same to completion by contract or otherwise. The Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided in this Agreement.
8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions.
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8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.
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10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise:
A. It is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.
B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant’s expense. Consultant shall not be obligated to indemnify City under any settlement that is made without Consultant’s consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.
10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing.
All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:
To City: City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Consultant: Multistudio, Inc.
Attention: Amanda Harper
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4200 Pennsylvania Ave
Kansas City MO 64111
10.3 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.
10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.
10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.
10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.
10.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
10.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND MULTISTUDIO, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONSULTANT:
By: ______________________________ By: _______________________________ Signature Signature
Date: __ Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: __January 14, 2026 Item No.
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager –up to $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
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EXHIBIT “A”
SCOPE OF SERVICES
1.1. Background:
In response to evolving market demands and the need to maintain competitiveness in the regional convention landscape, the City of Palm Springs is initiating a comprehensive renovation and expansion of the Palm Springs Convention Center (PSCC). A cornerstone of the City’s hospitality and tourism economy, the PSCC has served as a premier venue for conferences, exhibitions, and community events since its original construction in 1984. A major expansion and modernization effort was completed in 2005, significantly increasing the facility’s capacity and enhancing its amenities. Despite these improvements, many of the PSCC’s core systems, finishes, and functional spaces now require further upgrades to meet current industry standards and user expectations.
The City, together with its hospitality stakeholders, has expressed the intent to establish a identifiable, branded convention district that links the PSCC with adjacent properties and the downtown core while enhancing the pedestrian experience, resolving traffic conflicts, and providing graphic continuity through placemaking and wayfinding.
The City of Palm Springs is soliciting qualifications from urban design and landscape architecture teams, along with brand and marketing teams, to lead the planning and design of a district scale urban connectivity strategy that links the PSCC with adjacent properties and the downtown core and identifies the PSCC District in harmony with the world class destination of Palm Springs. This work will be a critical component of a broader PSCC Renovation and Expansion Project for the Convention Center, which is being delivered in multiple stages in a separate solicitation (RFQ #16-25):
Part 2: Brand Identity and District Marketing
In addition, a major component of work product will include branding and marketing specialists integrated with the urban design and project team that establishes a convention center district identity that will visually connect the user and the PSCC from the facility to downtown.
A. Objectives
a. Develop a compelling and authentic brand identity that reflects the unique character of the district and Palm Springs as a whole.
b. Engage community stakeholders to ensure the brand resonates with diverse audiences and reflects the values of Palm Springs.
c. Create professional standards for consistent brand use across all platforms. d. Deliver a coordinated launch plan to introduce the district locally, regionally, and nationally, working in collaboration with stakeholders, the city and city consultants.
e. Provide both near-term and long-term marketing strategies to sustain momentum and visibility.
B. Discovery & Research
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a. Conduct stakeholder interviews, listening sessions, and community engagement workshops to gather insights.
b. Audit existing convention center, downtown, and tourism marketing assets for alignment and opportunities.
c. Analyze comparable districts and destinations to identify positioning opportunities that are unique to Palm Springs.
C. Brand Identity Development
a. Propose a naming strategy and brand story that articulates the district’s vision and purpose.
b. Create a comprehensive visual identity system (logo, color palette, typography, iconography, templates).
c. Draft key messaging and brand voice guidelines for consistent communication. d. Deliver a Brand Standards & Guidelines Manual for City, partners, and stakeholders.
D. Participation in Community Engagement Plan
a. Facilitate multiple listening and design feedback sessions with residents, businesses, tourism partners, and cultural organizations. b. Incorporate feedback to refine brand deliverables.
c. Develop clear communication materials to ensure transparency and community buy-in working in collaboration with the City, partners and stakeholders. d. Include a stakeholder engagement strategy that ensures residents, user groups, associations, and other relevant parties are provided meaningful opportunities to participate in the development of the urban design concept. e. Provide written records and summaries of the results of all public processes and communications strategies.
f. Help to build consensus and agreement on the plan and if consensus is not possible, provide information for informed decision marking. g. Demonstrate how the urban connector concept will address the needs and priorities of key stakeholder groups, including residents, local businesses, Tribal communities, and visitors.
h. Conduct various public workshops or charrettes feeding directly into concept design of the urban connectors, including one student/youth focused event and one design community round table.
E. Marketing and Communications Strategy
a. Develop a launch plan with timelines, tactics, and channels (earned, owned, paid media).
b. Recommend public events, activations, and press strategies for unveiling the district brand.
c. Create a Short-Term Marketing Plan (first 12-18 months) focused on awareness and adoption.
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d. Create a Long-Term Marketing Plan (2-5 years) to sustain and grow recognition, with recommendations for partnerships and campaigns.
e. Develop launch and “evergreen” video assets for use by the City F. Project Management and Collaboration
a. Regular progress meetings with City staff, designated working committee, and City consultants.
b. Periodic milestone presentations for feedback and approval. c. Project schedule with clear phases, deliverables, and decision points. d. Final deliver of all source files and rights for City ownership and use.
G. Anticipated professional services:
a. Environmental Graphics
b. Branding and Marketing
c. Video design and production
H. Deliverables (in collaboration with the Urban Design deliverables):
a. Stakeholder research summary report,
b. District brand identity package (digital and print-ready formats) c. Video asset(s)
d. Brand Standards and Guidelines Manual.
e. Marketing launch plan.
f. Stort-term (12-18 month) marketing strategy.
g. Long-term (2-5 year) marketing roadmap.
1.2. Schedule:
Work will commence on the Effective Date, and all work shall be completed by December 31, 2028. Current project planning is based on the following milestones.
Architectural services contract award November2025
District Planning design services contract award December 2025 Stage 1 Construction Begins June 2026
Stage 1 Construction Complete February 2027
Stage 2 Construction Begins March 2027
Stage 2 Construction Complete June 2028
District Improvements Construction Begins January 2027
District Improvements Construction Complete December 2027 Consultant shall coordinate with the other PSCC projects to align the urban planning scope to be designed, permitted and constructed to match the PSCC Renovation and Expansion substantial completion timeline.
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1.3. Compensation:
Work will be compensated on a not-to-exceed basis in accordance with Exhibit "B".
Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Consultant may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work work requested by the City. requested by the City.
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EXHIBIT “B”
SCHEDULE OF COMPENSATION
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2A: Discovery/Research 8% 2C: Brand Identity Development 22% 2D: Community Engagement 52% 2E: Marketing & Communications Strategy 17% Weeks: 8 Weeks: 26 Weeks: 52 Weeks: 36
1/26/26 3/22/26 320 hrs 3/23/26 9/20/26 1040 hrs 3/22/26 3/20/27 2080 hrs 9/21/26 5/30/27 1440 hrs Team Rate Total Hrs Total $ % Time Hours Cost % Time Hours Cost % Time Hours Cost % Time Hours Cost Principal 3 $ 370 - $ - 0% - $ - 0% - $ - 0% - $ - 0% - $ - Princiapl 2 $ 325 - $ - 0% - $ - 0% - $ - 0% - $ - 0% - $ - Principal 1 (PM) $ 285 238 $ 67,944 5% 16 $ 4,560 5% 52 $ 14,820 8% 156 $ 44,460 1% 14 $ 4,104 Creative Director $ 245 432 $ 105,742 15% 48 $ 11,760 16% 161 $ 39,494 10% 208 $ 50,960 1% 14 $ 3,528 Project Manager $ 205 - $ - 0% - $ - 0% - $ - 0% - $ - 0% - $ - Designer 4 $ 155 - $ - 0% - $ - 0% - $ - 0% - $ - 0% - $ - Designer 3 $ 140 104 $ 14,560 0% - $ - 0% - $ - 5% 104 $ 14,560 0% - $ - Designer 2 $ 130 - $ - 0% - $ - 0% - $ - 0% - $ - 0% - $ - Designer 1 $ 120 64 $ 7,680 20% 64 $ 7,680 0% - $ - 0% - $ - 0% - $ - Graphic/Exp. Designer 3 $ 150 240 $ 36,000 10% 32 $ 4,800 20% 208 $ 31,200 0% - $ - 0% - $ - Graphic/Exp. Designer 2 $ 135 - $ - 0% - $ - 0% - $ - 0% - $ - 0% - $ - Graphic/Exp. Designer 1 $ 125 520 $ 65,000 0% - $ - 20% 208 $ 26,000 15% 312 $ 39,000 0% - $ - Technical Staff $ 115 376 $ 43,240 20% 64 $ 7,360 10% 104 $ 11,960 10% 208 $ 23,920 0% - $ - Administrative Support $ 100 21 $ 2,080 0% - $ - 0% - $ - 1% 21 $ 2,080 0% - $ - DPA: Blended Rate $ 300 539 $ 161,700 10% 32 $ 9,600 1% 8 $ 2,340 15% 312 $ 93,600 13% 187 $ 56,160 DPA: Support Staff/Admin $ 125 309 $ 38,600 0% - $ - 0% - $ - 1% 21 $ 2,600 20% 288 $ 36,000 PAC: Principal/Creative Director$ 200 10 $ 2,080 0% - $ - 1% 5 $ 1,040 0% 5 $ 1,040 0% - $ - PAC: PM/Coordination $ 120 10 $ 1,248 0% - $ - 0% - $ - 1% 10 $ 1,248 0% - $ - PAC: Community Engagement $ 170 156 $ 26,520 0% - $ - 0% - $ - 8% 156 $ 26,520 0% - $ - 3,019 $ 572,394 256 $ 45,760 746 $ 126,854 1,513 $ 299,988 504 $ 99,792 Average $ 189.57 Average $ 178.75 Average $ 170.00 Average $ 198.25 Average $ 198.00 Team Breakout
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EXHIBIT “C”
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ATTACHMENT C
Public Integrity
Disclosure Forms
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CITY COUNCIL STAFF REPORT
DATE: JANUARY 14, 2026 PUBLIC HEARING
SUBJECT: AN APPEAL OF THE PLANNING COMMISSION’S DECISION
APPROVING A MAJOR DEVELOPMENT PERMIT TO CONSTRUCT
EIGHTY-TWO (82) 100% AFFORDABLE APARTMENT UNITS PER
SECTION 93.23.17 OF THE PALM SPRINGS ZONING CODE FOR A
DENSITY BONUS ON A 4.05-ACRE UNDEVELOPED PARCEL LOCATED AT 305 WEST SAN RAFAEL DRIVE, ZONE R-2 (CASE NO. DP 2025- 0011)
FROM: Scott C. Stiles, City Manager
BY: Department of Planning Services
SUMMARY:
This is an appeal by William Gordon Philips and Linda and Cyrous Sacket, adjacent neighbors to the project, asking the Council to overturn the decision made by the Planning Commission on November 18, 2025, to approve a Major Development Permit to construct eighty-two (82) apartment units that are 100% affordable consisting of one-, two-, and three-bedroom units. The Planning Commission approval is consistent with the requirements of the City of Palm Springs Zoning Code (PSZC) and State Law relative to the use of density bonus incentives and processing requirements for affordable housing projects.
A separate funding request for the project is before the City Council and will be evaluated following the appeal. As the funding request relates to State deadlines, Council has the option to consider that request conditionally such that any funding would only be made available if the appeals are resolved and entitlements upheld.
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 WILLIAM GORDON
PHILIPS, AND LINDA AND CYROUS SACKET FOR THE APPROVAL OF A MAJOR DEVELOPMENT PERMIT TO CONSTRUCT EIGHTY-TWO (82) 100%
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City Council Staff Report
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305 W San Rafael Appeal
AFFORDABLE APARTMENT UNITS PER SECTION 93.23.17 OF THE PALM SPRINGS ZONING CODE FOR A DENSITY BONUS ON A 4.05-ACRE
UNDEVELOPED PARCEL LOCATED AT 305 WEST SAN RAFAEL DRIVE, ZONE R-2 (CASE NO. DP 2025-0011)
BUSINESS PRINCIPAL DISCLOSURE:
The applicant has submitted a Business Disclosure form stating that the applicant is Red Tail Multifamily Land Development, LLC, with Ron Wu and JD Carbone as officers of the company (Attachment I).
BACKGROUND:
On January 23, 2019, the City Council adopted Ordinance 1976 to satisfy the requirements of California Government Code Section 65915 (a)(3)(A), which requires local governments to adopt procedures for density bonus applications for the construction of affordable housing units. The grant of these bonuses is mandatory for qualifying projects.
On October 2, 2019, the City Council adopted a Resolution establishing the “Affordable and Multi-Family Housing Incentive Program” to support the development of residential projects constructing new affordable dwelling units or constructing new multi-family residential units.
On November 18, 2025, the Planning Commission voted 7-0 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 F). The Planning Commission’s findings and conditions of approval are attached as Resolution No. 6988 (Attachment D).
The Planning Commission imposed a series of conditions to be reviewed by the Architectural Review Committee focusing on landscaping, building architecture, site amenities, and off-street parking.
Pursuant to PSZC Section 94.04.00(D)(1)(e), the Planning Commission’s decision of a Development Permit 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 December 1, 2025, William Gordon Philips and Linda and Cyrous Sacket filed an appeal request in accordance with the applicable law. The Appeal Forms are attached to this staff report (Attachment C).
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305 W San Rafael Appeal
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305 W San Rafael Appeal
APPELLANT’S GROUNDS FOR APPEAL:
The appellants own two single-family residences registered as vacation rental properties directly south and adjacent to the proposed project at 305 West San Rafael Drive. The parcels are as follows:
William Gordon Philips – 282 West Santa Catalina Road
Linda and Cyrous Sacket – 262 West Santa Catalina Road
Location of 282 W. Santa Catalina Road and 262 W. Santa Catalina Road – two white houses south of the subject vacant lot
In the Appeal Form, the appellants explain the basis for filling the appeal request as follows:
1. Unmitigated nuisance and adverse health/welfare impact from new height.
2. Significant privacy impacts.
3. Illegal siting and encroachment of the multi-family refuse enclosures.
4. Illegal structural encroachment of appellants’ private property.
5. Overconcentration of income-restricted housing and social services in area.
6. Improper or overbroad application of density bonus law.
7. Insufficient findings under the Palm Springs Municipal Code.
8. Inadequate environmental review (CEQA).
9. Architectural and design compatibility issues.
The appellants’ filing letter includes a detailed description of each of the points listed above (Attachment C).
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305 W San Rafael Appeal
Staff Response:
The proposed project utilizes statutory Density Bonus provisions that allow greater density, height, and reduction of off-street parking to qualifying affordable housing developments. These bonuses must be granted in accordance with State Law. With the use of those statutory provisions, the project complies with the Mixed-Use General Plan Land Use Designation and further advances the goals and policies of the Housing Element which encourage affordable and work-force housing. Furthermore, the Planning Commission determined that the project complies with applicable development standards and approved the project in order to meet State mandates and to further City objectives relative to affordable housing. The City has no legal authority to deny the grant of these allowances per State law.
As a Development Permit, no public hearing, mailed notice, or on-site posting is required in accordance with Sections 94.04.01 and 94.09.00 of the PSZC. Further, as lead agency, the City has determined the project qualifies for two (2) Categorical Exemptions as an “InFill” project per California Environmental Quality Act (CQA) Section 153032, and as an “Affordable Housing” project per Section 15194. Thus, no further review is required in accordance with the requirements of CEQA.
Additionally, the applicant claims a series of non-conformances and potential violations on the subject property. The Department of Special Program Compliance has confirmed that each of the Appellant’s properties are registered vacation rentals with a history of violations and contain a non-compliant 8- to 9-foot-high fence that does not comply with the requirements of the PSZC.
PROJECT DETAILS:
Site Area
4.05-Acres
Surrounding
Property
Existing General
Plan Designations
Existing Land
Use
Existing Zoning
Designations
Subject
Property
MU (Mixed Use)
Tramview Height
Specific Plan
Vacant R-2 Multi-Family
Residential
North IND (Industrial) Industrial M-1 Industrial
South ER (Estate
Residential)
Single-Family
Residential
R-1-A Single Family
Residential
East MU (Mixed Use) Vacant R-2 Multi-Family
Residential
West MDR (Medium
Density Residential)
Palm Springs
Villas
Condominiums
R-2 Multi-Family
Residential
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305 W San Rafael Appeal
PROPOSED PROJECT:
Site Plan:
The subject lot is a 4.05-acre undeveloped rectangular-shaped parcel located within the Tramview Heights Specific Plan area. The site is generally flat with frontage on W. San Rafael Drive, Virginia Drive, and Puerto Del Sol. Two ingress/egress points into the complex will be from the two side streets with no access along W. San Rafael Drive. The three apartment buildings will front along the main street with Building 2 set back an additional seven (7) feet to provide interest and soften the street frontage. Off-street parking is located on the south portion of the site with multiple carports providing covered parking. Staff worked with the applicant to provide internal speed control elements within the parking lot by having raised humps in a paver material as pedestrian walkways leading from the parking to the apartment buildings. In addition, a slight offset in the parking lot at the east end will visually signal that speeds along the driveway should be low. Site amenities include a community/playground space with shade structures and benches at the west end of the complex, with a dog park between Buildings 1 and 2, and an open space with additional shade structures and benches between Buildings 2 and 3.
Mass and Scale:
The proposed three apartment buildings will consist of two- and three-story structures.
The third floor will consist of four separate units, and the remaining apartments will be on the first and second floors. The total building height on the third floor will be 31.3’ feet tall while the second-floor height is 20.2’ feet. This condition provides for varying roof lines and heights for the building elevation designed to lessen the massing and scale. Building 2 will be setback seven (7) feet from Buildings 1 and 3 which softens the overall streetscape providing interest and presence on the street.
STAFF ANALYSIS:
Affordable Housing Density and Incentives:
In its review of qualifying affordable housing projects, the City is required to allow density bonuses including reduced off-street parking, additional height, and certain waivers and incentives permitted by Section 93.23.17 of the Zoning Code.
Under the Density Bonus Ordinance, very low- and low-income developments are granted certain allowances or relief from underlying requirements in order to help make these projects viable. The application seeks three incentives as permitted under Section
93.23.17 of the Zoning Code:
Height – The project proposes heights above those typically allowed in the R-2 zone, which permits heights up to 24 feet. The proposed height is 31.3’ feet for a portion of all three buildings. Section 93.23.17(F) permits up to an 11-foot increase in the allowable height. As modified by the applicable bonus, the proposed height complies.
Density- The Mixed Use (MU) General Plan land use designation has a maximum density of 15 dwelling units per acre while the proposed project is requesting a
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305 W San Rafael Appeal
density of 19.2 dwelling units per acre which is permitted for a 100% affordable project.
Off-Street Parking – The project proposes a reduction of twenty-one (21) spaces for a total provided of 137 spaces. A density bonus incentive for low- and very lowincome housing projects near a major transit stop can request reduced parking greater than what has been requested, and thus the project complies.
To ensure that the project maintains eligibility for these bonuses, the Planning Commission added the following condition:
PLN 3. Applicant to record a 55-year deed restriction as the project will remain 100% affordable to extremely low, -very low, - low, and moderate- income residents. The minimum amount to qualify for the density bonus provisions of Section 93.23.17 of the PSZC shall be maintained and confirmed at the time of building permit issuance.
Other Development Standards:
With the grant of the statutory density bonus provisions, the development complies with all applicable development standards, as summarized below:
Development Standards:
R-2 Requirements Proposed Project Conform
Lot Standards
Min. Area 20,000 square feet 4.5-acres Y
Min. Width 140 feet 905 feet Y
Min. Depth 150 feet 180 Y
Density Per the MU General Plan Des.
of up to 15 dwelling units per
acre
19.2 dwelling units per
acre
Y*
Building Height R-2: 24 ft. and two stories
max. Density Bonus allow up
to 35 ft.
31.3’ feet maximum
height
Y*
Yards
Front (W. San
Rafael)
25 feet Buildings 1 & 3 at 25 feet
Building 2 at 32.1’ feet
Y
Street Sides
(Virginia Dr)
(Puerto Del Sol)
30 feet
30 feet
102 feet
61.3’ feet
Y
Y
Rear Street 20 feet from building 109 feet to building Y Distance Between
Buildings
15 feet between buildings. 39.11’ feet between Bldg 1
& 2
40’ feet btwn Bldg 2 & 3
Y
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305 W San Rafael Appeal
Coverage 50% maximum useable open
space
50% Y
Off-street Parking 158 spaces required 137 parking spaces proposed
Y*
*Yes, as an affordable housing development with permitted incentives in Section 93.23.17 of the Zoning Code.
ENVIRONMENTAL ASSESSMENT:
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the project is Categorically Exempt under CEQA Section 153032(a-e) (In-Fill Development), and Section 15194 (Affordable Housing) – The project is (a) consistent with the General Plan, (b) is less than five (5) acres in size; (c) has no value as habitat for endangered species; (d) there will be no significant impacts to air quality, water, traffic, or noise; (e) and can be adequately served by existing utilities and public services, is under one hundred units and, available to lower income residents.
ALIGNMENT WITH STRATEGIC PLANNING:
Housing.
The project proposes the development of eight-two (82) 100% affordable apartment units that will add to the City’s workforce housing stock in line with the goals of the Housing Element of the General Plan.
FISCAL IMPACT:
Upholding the entitlements will result in no fiscal impact to the City.
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 William Gordon Philips – 282 West Santa Catalina Road Linda and Cyrous Sacket – 262 West Santa Catalina Road
D. Planning Commission Resolution #6988
E. Planning Commission Minutes Excerpts of 11-18-2025
F. Planning Commission Staff Report 11-18-2025
G. Letter from Applicant – Response to Appeal
H. Justification Letter
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305 W San Rafael Appeal
I. Business Disclosure Form
J. Site Plan and Building Elevations
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ATTACHMENT A
Vicinity Map
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Department of Planning Services
Vicinity Map
CITY OF PALM SPRINGS
APPEAL
Case DP 2025-0011
305 West San Rafael
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ATTACHMENT B
RESOLUTION
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Resolution No. _____
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
CALIFORNIA DENYING THE APPEAL BY WILLIAM GORDON PHILIPS
AND LINDA AND CYROUS SACKET AND UPHOLDING THE PLANNING
COMMISSION’S DECISION FOR THE APPROVAL OF A MAJOR
DEVELOPMENT PERMIT TO CONSTRUCT EIGHTY-TWO (82) 100%
AFFORDABLE APARTMENT UNITS PER SECTION 93.23.17 OF THE
PALM SPRINGS ZONING CODE FOR A DENSITY BONUS ON A 4.05- ACRE UNDEVELOPED PARCEL LOCATED AT 305 WEST SAN RAFAEL
DRIVE. (CASE DP 2025-0011)
A. Red Tail Acquisitions LLC, (“Applicant”) applied with the City pursuant to Section
94.04.01(D) of the Palm Springs Zoning Code (PSZC) for a Major Development Permit; and Section 93.23.17 – Density Bonus for the construction of an eighty-two (82) 100% affordable apartment complex on an undeveloped 4.05-acre parcel.
B. On November 18, 2025, a public meeting was held to review a Major Development Permit application by the Planning Commission in accordance with applicable law.
C. On November 18, 2025, the Planning Commission reviewed and voted 7-0 (Weremiuk, Miller, Murphy, Aylaian, Rotman, Morrill, Baker) to approve a Major Development Permit and Density Bonus for the 100 % affordable apartment complex with conditions as the project is in conformance with the General Plan, Zoning and development standards.
D. On December 1, 2025, William Gordon Philips and Linda and Cyrous Sacket filed an appeal to the City Council of the November 18, 2025, decision to approve Cases DP 2025-0011 in accordance with applicable law.
E. 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, and all written and oral testimony presented.
F. 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 proposed development will consist of eight-two (82) affordable apartment units located in the area designated as Mixed Use (MU) per the General Plan with a maximum density of 15 units per acre and located in the Tramview Heights Specific Plan which designates the parcel for multi-family residential. The MU designation allows for residential developments that is properly integrated and allows the implementation of development standards that are customized to each site to include
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Resolution No. _____
an increase with a Density Bonus. The proposed project is for 100% affordable development for very low-, and low-income residents as the site design reflects the intended housing product.
In addition, the General Plan Housing Element states:
Goal LS3 –Facilitate and encourage a broad range of rental and ownership opportunities, housing products, and community supportive services for people with special needs:
Policy HS3.1 -Support the development of accessible and affordable senior rental housing, assist seniors to maintain and improve their homes, and support the provisions of senior services:
Policy HS3.3 -Increase the supply of affordable and accessible housing suitable to the semi-independent living needs of people with disabilities, provide assistance to people with disabilities to maintain and improve their homes:
Policy HS3.5 -Support collaborative partnerships of nonprofit organizations, the development community, and the City of Palm Springs to provide affordable housing:
Policy HS3.6 -Assist and support, were feasible, in the production and conservation of housing affordable to very low-, low-, and moderate-income households.
Consistency Review: The proposed project utilizing the Density Bonus section of the zoning code to allow greater density, height, and reduction of off-street parking results in a project that meets the intent of the MU designation and further advances the goals and policies of the Housing Element.
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 proposed project is requesting the implementation of the Density Bonus section of the zoning code for increased density, building height, and reduction of off-street parking. The site is adequately sized to accommodate the proposed apartment complex with parking and site amenities. The subject parcel is in an infill lot with all utilities, access to streets, and will be an appropriate housing transition from the industrial warehouse to the north and the single-family residential lots to the south and will not be detrimental to adjacent properties 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;
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Resolution No. _____
The proposed project is requesting the implementation of a Density Bonus for a 100% affordable project with increased density, building height, and reduction of off-street parking per Section 93.23.17 of the PSZC as follows:
• Height – The project proposes heights above those typically allowed in the R-2 zone. The R-2 zone permits heights of 24 feet, and the proposal includes heights of 31.3’ feet for a portion of all three buildings. Section 93.23.17(F) permits up to an 11-foot increase in the allowable height.
• Density- The Mixed Use (MU) General Plan land use designation has a maximum density of 15 dwelling units per acre while the proposed project is requesting a density of 19.2 dwelling units per acre which is permitted for a 100% affordable project.
• Off-Street Parking – The project proposes a reduction of twenty-one (21) spaces for a total provided of 137 spaces. A density bonus incentive for low and very lowincome housing projects near a major transit stop can request reduced parking.
With the granting of the request the project will meet the property development standards for the R-2 zoning district 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 three apartment buildings with the height of the third floor at 31.3’ feet tall while the second-floor height is 20.2’ feet. This condition provides for varying roof lines and heights for the building elevation that lessens the massing and scale.
Building 2 will be setback seven (7) feet from Buildings 1 and 3 which softens the overall streetscape providing interest and presence on the street. The massing and building heights are of good composition and will be consistent and to scale for a 100% affordable housing complex 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 setbacks for Buildings 1 & 3 will be twenty-five (25) feet and Building 2 at thirty-two feet, one inch (31.1’) from the front property lines along W. San Rafael Drive consistent with the R-2 zoning. The off-street parking located behind the apartment buildings with shade structures is a good site plan placement. The use of internal speed control elements within the parking lot by having raised humps in a paver material as pedestrian walkways leading from the parking to the apartment buildings. In addition, a slight “off-set” in the parking lot at the east end will visually signal that speeds along the driveway should be low. The overall site design meets the development standards, and the finding has been met.
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
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Resolution No. _____
continues the city’s existing grid in accordance with the Circulation Plan of the General Plan;
The site is flat with frontage on three streets of W. San Rafael Drive, Virginia Drive, and Puerto Del Sol. Two ingress/egress points into the complex will be from the two side streets with no access along W. San Rafael Drive. The eighty-two (82) unit apartment complex with reduced off-street parking as the project is located near a transit point will not generate traffic that cannot sufficiently maintain current traffic flow on surrounding street networks. The project will require the widening of W. San Rafeal Drive, Virginia Drive, and Puerto Del Sol to include curbs, gutters, and sidewalks.
Adjacent streets are at their full built width and are sufficient to accommodate anticipated vehicle trips generated by the residents of the community and the finding has been met.
7. On-site circulation conforms to minimum standards, and accommodation is made for safe on-site pedestrian circulation;
The ingress/egress points into the off-street parking lot will be from Virgina Drive and Puerto Del Sol as the internal driveway will be twenty-six (26) feet wide allowing twoway vehicle movements with parking on both sides. Traffic calming will be implemented to slow vehicles within the complex, allowing pedestrians to navigate into the buildings and the finding has been met.
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 proposed landscape plan shows enhanced plantings along the street frontage of W. San Rafael Drive with the use of 36” box Tipu Trees, Rosewood, Palo Verde, Acacia, and new large Washingtonian Filifera palm, and Mediterranean Fan Palms.
Other plantings include desert accents, shrubs, grasses, and groundcovers. The use of multiple plants will provide varying heights, colors, and textures which is incorporated at the dog park, playground, and gathering spaces. The proposed plant palette consists of the plant materials that are included in the Lush and Efficient landscape gardening book and meets the requirements. The Architectural Advisory 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 project is considered an in-fill development with utility infrastructure existing in the adjacent streets. There is adequate public infrastructure for the proposed project; water will be provided by the Desert Water Agency (DWA), the complex to be connected to the City sewer system and electricity to the site from Southern California Edison. Therefore, the project will be served by existing public infrastructure.
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Resolution No. _____
10. Based on environmental review, the proposed project either has no potentially significant environmental impacts, any potentially significant impacts have been reduced to less than significant levels because of mitigation measures incorporated in the project, or a Statement of Overriding Considerations has been adopted to address unmitigated significant environmental impacts;
The proposed project is Categorically Exempt under CEQA Section 153032 (In-Fill Development) – the proposed development is located within an urbanized area of the city and less than 5-acres in size, has no value for wildlife habitat as the parcel has been previously graded, and the site is served by existing utilities and services which qualifies this project as an In-Fill development.
11. The proposed project has no unacceptable adverse effects on public welfare, health or safety.
The proposed eight-two (82) unit residential apartment project with associated amenities will not have an adverse effect on public welfare, health or safety. The development of 100% affordable housing development for very low-, and low-income residents advances the goals of the City’s Housing Element and the finding has been met.
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. Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the project is Categorically Exempt under CEQA Section 153032(a-e) (In-Fill Development) – The project is (a) consistent with the General Plan, (b) is less than five (5) acres in size; (c) has no value as habitat for endangered species; (d) there will be no significant impacts to air quality, water, traffic, or noise; (e) and can be adequately served by existing utilities and public services.
SECTION 3. That the City Council hereby denies the appeal by William Gordon Philips, and Linda and Cyrous Sacket and upholds the Planning Commission’s decision to approve a Major Development Permit, and Density Bonus for the development of eightytwo (82) 100% affordable apartment units on an undeveloped 4.05-acre parcel located at 305 W San Rafeal Drive.
ADOPTED THIS 14TH DAY OF JANUARY, 2026.
SCOTT STYLES
CITY MANAGER
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Resolution No. _____
ATTEST:
BRENDA PREE
CITY CLERK
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Resolution No. _____
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Resolution No. _____
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, 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
Letter from Appellants
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A –
APPEAL OF PLANNING COMMISSION APPROVAL
Major Development Permit – 82-Unit Affordable Housing Project 305 W San Rafael Drive, Palm Springs, CA 92262
December 1, 2025
Via Email
City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Appeal of Planning Commission Approval — Major Development Permit for Affordable Housing Development at 305 W San Rafael Drive Planning Commission Action Date: November 18, 2025
Case No.: DP 2025-0011
I. INTRODUCTION AND STANDING
This letter constitutes a timely appeal of the Planning Commission’s November 18, 2025 approval of a major development permit, density bonus, associated incentives/waivers, and CEQA determinations authorizing construction of an 82-unit, 100% affordable housing development at 305 W San Rafael Drive (the “Project”).
Appellants are:
● William Gordon Phillips, owner of 282 W Santa Catalina Road ● Linda and Cyrous Sacket, owners of 262 W Santa Catalina Road Docusign Envelope ID: 59EEA1F0-8B31-4D55-B6A2-4623C7C0E1B0
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Both properties are located immediately south of the Project site and are directly affected by the approved Project’s height, massing, privacy, environmental, and cumulative impacts. Appellants qualify as “affected parties” with standing under Palm Springs Municipal Code (PSMC) Chapter 2.05. This appeal is filed within the applicable statutory appeal period.
II. PROJECT DESCRIPTION AND APPROVAL BEING
APPEALED
The approved Project includes:
● Three multifamily buildings containing 82 income-restricted units; ● Three-story massing immediately adjacent to existing residential properties;
● Approximately 137 parking spaces;
● Multiple waivers and concessions under Gov. Code § 65915 et seq. (State Density Bonus Law);
● A CEQA exemption or limited environmental review; and ● Authorization of increased height and density beyond the scale historically associated with the R-2 zoning district.
Appellants hereby appeal the entirety of the Planning Commission’s decision, including all findings, approvals, incentives, waivers, and environmental determinations.
III. GROUNDS FOR APPEAL
A. Unmitigated Nuisance and Adverse Health/Welfare Impact from New Height ⚖️
Docusign Envelope ID: 59EEA1F0-8B31-4D55-B6A2-4623C7C0E1B0
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The Planning Commission's approval of a three-story structure immediately adjacent to established single-family residences constitutes the creation of a permanent and unmitigated private nuisance. This vertical encroachment results in a substantial and highly offensive invasion of Appellants' property rights, specifically interfering with the free use and comfortable enjoyment of their homes and private yards. The elevated vantage point of the three-story massing creates unavoidable direct and diagonal sightlines into private, protected areas, including pool enclosures and interior living spaces, resulting in an unreasonable and actionable invasion of privacy. This condition is more than a mere diminution of view; it is a profound and ongoing intrusion that threatens the peace, repose, and security of the adjacent property owners. This significant, detrimental alteration of the neighborhood character and the resulting intrusion is so severe and unavoidable that it rises to the level of adversely affecting the public health, safety, and general welfare of the families residing there, thereby violating fundamental planning principles requiring compatibility and the mitigation of significant project impacts. Because the impact is both unavoidable and unmitigable at the approved three-story height, the approval is contrary to the required findings of the Municipal Code and must be reversed.
B. Significant Privacy Impacts
Because the Project site directly abuts an established single-family neighborhood, any three-story massing—regardless of its placement on the site—creates direct and diagonal sightlines into private backyards and pool areas on Santa Catalina Road, resulting in unavoidable and unmitigable privacy intrusion.
Given the site’s geometry and relative grade, setbacks, landscaping, or relocating the third story elsewhere on the site cannot eliminate these impacts. A maximum height of two stories across the entire site is the only feasible mitigation that protects adjacent residential privacy.
Despite these predictable impacts, the approval does not require:
● increased setbacks;
● opaque balcony materials or privacy fins;
Docusign Envelope ID: 59EEA1F0-8B31-4D55-B6A2-4623C7C0E1B0
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● mature landscaping or screening; or
● any reduction to the height envelope.
The absence of such measures, combined with the approval of three-story massing, results in significant unmitigated privacy impacts to adjacent homes.
C. Illegal Siting and Encroachment of the Multi-Family Refuse Enclosure The approved site plan places the high-volume, multi-unit refuse enclosure directly against, or very near to, the Appellants' boundary wall, a condition that violates multiple provisions of the Municipal Code and Building Codes:
● Violation of Setback and Siting Standards: Commercial-scale refuse enclosures must be sited to minimize nuisance impacts and typically require substantial setbacks from adjacent single-family zones. A near zero-lot-line placement maximizes noise, odor, and vermin risks, creating a clear and immediate health and safety nuisance that is explicitly discouraged or prohibited by city planning principles.
● Unmitigated Health Nuisance: The proximity of a high-volume trash operation creates an unavoidable, unmitigable health nuisance due to the proliferation of odor, liquid waste, and pests, which directly infringes on the Appellants' right to the quiet enjoyment of their property.
D. Illegal Structural Encroachment on Appellants' Private Property The developer's plan to utilize the Appellants' privately-owned boundary wall as a structural or perimeter component for the entire complex is a severe and illegal structural encroachment and a clear violation of property rights. The developer has a duty to construct all necessary boundary, retaining, and facility walls entirely within their own parcel. This unauthorized and unpermitted reliance on the adjacent private property for structural support for any component of the multi-family development—whether for a carport, an amenity structure, or the Docusign Envelope ID: 59EEA1F0-8B31-4D55-B6A2-4623C7C0E1B0
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primary perimeter—is a fundamental trespass and an assumption of property rights the developer does not possess. Any site plan that explicitly allows or requires the use of adjacent private property to complete a required development component fails to protect private property rights as required by the Municipal Code.
E. Overconcentration of Income-Restricted Housing and Social Services in the Immediate Area
The immediate vicinity already contains a substantial concentration of income-restricted affordable housing developments, as reflected in the City’s 2025 affordable housing inventory. Within approximately a 1–1.5 mile radius are numerous subsidized projects, including:
● Vista Sunrise and Vista Sunrise II (approximately 140 units combined – permanent supportive housing for special-needs populations). ● Monarch Apartments (60 units – approved 2024)
● Aloe Palm Canyon (71 units)
● Multiple additional LIHTC and affordable developments Moreover, the Palm Springs Navigation Center, located at 3589 McCarthy Road, lies less than half a mile from the Project site and serves as the City’s primary hub for homeless navigation services, case management, and temporary sheltering.
Adding another 82 units of 100% income-restricted housing further intensifies an already disproportionate concentration of subsidized housing and social-service uses in this single neighborhood.
The Planning Commission’s approval contains no analysis of:
● equitable geographic distribution of affordable housing; ● cumulative impacts associated with this clustering;
● neighborhood stability and compatibility concerns;
● fair-share planning principles; or
Docusign Envelope ID: 59EEA1F0-8B31-4D55-B6A2-4623C7C0E1B0
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● General Plan policies discouraging concentration of special-needs housing in one area.
This omission is significant and inconsistent with CEQA and accepted planning practice.
F. Improper or Overbroad Application of Density Bonus Law Nothing in the record demonstrates that the Project cannot meet its affordable housing objectives within a two-story configuration. The Density Bonus Law provides waivers only when development standards would “physically preclude” construction of the affordable units. (Gov. Code § 65915(e).) A two-story alternative could clearly accommodate the unit count through reasonable adjustments to site layout, footprint, unit mix, or density. The City was required to evaluate such feasible alternatives before approving height waivers that create unmitigable privacy impacts.
The record contains no substantial evidence that:
● a two-story maximum would physically preclude construction of the 82 units;
● a reduced height envelope or step-down was infeasible; ● alternative massing or site plans were evaluated; or
● three-story construction was physically necessary.
Granting full three-story height waivers without evaluating less intrusive alternatives is inconsistent with § 65915(e).
G. Insufficient Findings Under the Palm Springs Municipal Code Required findings concerning:
Docusign Envelope ID: 59EEA1F0-8B31-4D55-B6A2-4623C7C0E1B0
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● compatibility with surrounding development,
● protection of public health, safety, and welfare,
● consistency with the General Plan, and
● mitigation of impacts on adjacent properties
are not supported by substantial evidence, given the Project’s height, scale, cumulative impacts, and unmitigated privacy issues.
H. Inadequate Environmental Review (CEQA)
Reliance on a categorical exemption or limited environmental review is improper due to:
● unusual circumstances (three-story massing adjacent to single-family homes);
● privacy, shading, and visual impacts;
● cumulative impacts from nearby affordable housing and the Navigation Center;
● circulation and parking considerations; and
● lack of alternatives analysis.
These factors require fuller CEQA evaluation.
I. Architectural and Design Compatibility Issues
The Project’s design does not reflect the architectural character associated with Palm Springs, including building scale, massing, articulation, and contextual Docusign Envelope ID: 59EEA1F0-8B31-4D55-B6A2-4623C7C0E1B0
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design. These issues are relevant to the major development permit findings and should have been addressed prior to approval.
IV. REQUESTED RELIEF
Appellants respectfully request that the City Council:
1. Grant this appeal and set aside or modify the Planning Commission approval.
2. Require redesign of the Project to a maximum height of two (2) stories across the entire site.
The R-2 district is intended for low-density development, and no substantial evidence shows that a two-story configuration would physically preclude construction of the project. Given the direct adjacency to single-family backyards and outdoor living areas, any three-story element—anywhere on the site—creates direct or diagonal sightlines that cannot be feasibly mitigated.
3. Require revised plans demonstrating:
a. A feasible two-story configuration;
b. Revised massing or layout appropriate to the neighborhood context; c. Increased setbacks along the southern boundary;
d. Robust privacy mitigation (landscape buffers, screened balconies, window placement);
e. Architectural revisions consistent with Palm Springs design standards.
4. Require appropriate CEQA review, including analysis of privacy, shading, visual, traffic, and cumulative impacts and feasible alternatives to the approved height.
Docusign Envelope ID: 59EEA1F0-8B31-4D55-B6A2-4623C7C0E1B0
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5. Ensure that ARC review includes binding, enforceable conditions addressing height, massing, privacy, and design compatibility.
V. RESERVATION OF RIGHTS
Appellants reserve all rights to supplement or amend this appeal after reviewing the administrative record and to pursue all remedies available under CEQA, State Density Bonus Law, and the Palm Springs Municipal Code.
VI. CONCLUSION
Appellants support the City’s efforts to expand affordable housing, provided such development is appropriately scaled, compatible with its surroundings, and consistent with applicable law. As approved, the Project does not adequately address issues of height, massing, privacy, cumulative impacts, or neighborhood and design compatibility.
Appellants respectfully request that the City Council grant this appeal and require modifications consistent with the concerns and evidence presented.
A citywide commitment to affordable housing does not diminish the City’s responsibility to protect adjacent homeowners from avoidable and unmitigated privacy intrusions. For this site, given its direct adjacency to single-family backyards and outdoor living areas, a two-story maximum height across the entire Project site is the only feasible and reasonable mitigation that protects residential privacy and neighborhood compatibility.
Respectfully submitted,
William Gordon Phillips
Owner, 282 W Santa Catalina Road
Docusign Envelope ID: 59EEA1F0-8B31-4D55-B6A2-4623C7C0E1B0
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Palm Springs, CA 92262
Linda Sacket
Owner, 262 W Santa Catalina Road
Palm Springs, CA 92262
Cyrous Sacket
Owner, 262 W Santa Catalina Road
Palm Springs, CA 92262
Docusign Envelope ID: 59EEA1F0-8B31-4D55-B6A2-4623C7C0E1B0
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Linda Sacket
262 W. Santa Catalina Rd.
Palm Springs, CA 92262
[email protected]
818-933-1111
December 14, 2025
City of Palm Springs
Planning Commission
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Re: DP 25-0011 – 305 W. San Rafael Avenue
Concerns: Required Public Notice Not Provided; CEQA Exemption Improper; General Plan Inconsistency; Privacy/Nuisance/Health violations:
AFFH obligations; Lack of Supporting Evidence
To the City of Palm Springs:
This letter is submitted on behalf of affected neighbors to formally object to the Planning Commission’s approval of Development Permit DP 25-0011 and the use of a Class 32 CEQA exemption. After reviewing the staff reports and noticing file, it is clear that the approval suffers from several major legal defects:
1. The City did not provide the mailed public notice required by State law, which means the hearing was not legally conducted.
2. The Class 32 CEQA exemption was applied without the evidence or findings required for its use, and the project does not meet several mandatory criteria.
3. The State Density Bonus does not allow development that creates health, safety, or nuisance impacts nor does it mandate automatic approval of height increases that directly harm adjacent homes.
4. The siting of the project contributes to an unlawful overconcentration of affordable housing in a single neighborhood.
5. The plans have errors, omissions and additional problems that were not disclosed or discussed during the approval.
Any of these issues on its own requires the City to withdraw the approval and rehear the project.
Together, they leave no lawful basis for the decision to stand.
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I. REQUIRED MAILED NOTICE WAS NOT PROVIDED
A. State law requires mailed notice to all nearby property owners Government Code section 65091 requires cities to send mailed notice to all property owners within 300 feet whenever a Planning Commission holds a public hearing on a discretionary land-use request. This rule applies to development permits, density bonus requests, CEQA exemptions, and any similar approvals that the project requires.
This is not optional. It is the basic due-process protection for people who live next to a proposed project.
B. The City did not mail any notices for this hearing
The noticing file for DP 25-0011 contains:
• no affidavit of mailing
• no list of property owners
• no mailing labels
• no proof of service
• no evidence that any notices were sent
Multiple adjacent homeowners confirm they received nothing.
This is not a case where “someone didn’t check their mailbox.” There is no evidence that any notices were mailed at all.
This requirement exists even when no zoning change is proposed, because discretionary approvals may still substantially affect neighboring properties. A multi-story, high-density development adjacent to existing single-family homes is precisely the type of project for which notice is required.
C. A public hearing without the required mailed notice is not valid California courts have been clear: if a city does not send the mailed notice required by State law, the hearing is not legally valid. The Planning Commission does not have authority to act without following the noticing requirements.
Because the City did not provide the required notice:
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• the Planning Commission did not have jurisdiction to approve the project; • the CEQA determination adopted at the hearing is invalid; and • the approval must be reheard after lawful notice is provided.
D. CEQA also requires proper public notice
CEQA requires public notice before a lead agency adopts an exemption at a public hearing.
Because the City did not send mailed notice, the CEQA exemption is also invalid for that reason alone.
II. THE CLASS 32 CEQA EXEMPTION WAS APPLIED
IMPROPERLY
Even if the hearing had been legally noticed (it was not), the Class 32 exemption still cannot be used here. The City’s own documents do not contain the evidence needed to support the findings required for this exemption.
A. The project exceeds the General Plan’s maximum density A Class 32 exemption requires full consistency with the General Plan. The site’s General Plan density limit is 15 units per acre. The project proposes 19.2 units per acre.
This is simply not consistent.
Density Bonus Law does not allow a project to exceed General Plan density limits.
Because the project is not consistent with the General Plan, the City cannot use a Class 32 exemption.
B. No traffic, VMT, or cumulative impact analysis was conducted The City must show that the project will not create traffic or cumulative impacts. But the staff report contains:
• no traffic study
• no Vehicle Miles Traveled (VMT) analysis
• no parking spillover analysis
• no cumulative impact review
• no supporting data of any kind
CEQA requires actual evidence, not assumptions. There is none here.
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C. The claim that the project is near a “major transit stop” is unsupported
Staff repeatedly relies on the idea that the site is located near a major transit stop. But:
• Palm Springs does not have 15-minute bus service
• No staff report identifies a qualifying stop
• No transit data is included in the record
Several of the City’s findings—parking reductions, traffic conclusions, and even some CEQA justifications—are based on this assumption. Without evidence, the finding cannot be used.
D. Required off-site improvements disqualify the project from a Class 32 exemption
The project requires construction of off-site improvements, including:
• new curbs
• new gutters
• new sidewalks
• potential street widening
Class 32 can only be used when impacts are limited to the project site. Off-site street work triggers impacts outside the property boundary, which means the exemption cannot be used.
E. The area surrounding the site is not 75% urbanized
Class 32 requires the project to be surrounded by urban development on at least 75% of its perimeter. But the City’s own staff report states that one side of the site is vacant land, which does not qualify as urbanized. Another side is industrial. This requirement is not met.
F. The project presents “unusual circumstances” that prevent the use of any CEQA exemption
The project includes characteristics that make it unusual for this location:
• a 31.3-foot-tall building next to single-family homes • a height exceeding zoning limits by 11 feet
• density far above the surrounding pattern
• massing out of scale with nearby properties
These factors create a reasonable possibility of significant environmental effects and therefore prevent any CEQA exemption from being used.
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III. THE PROPOSED THIRD STORY CREATES SIGNIFICANT
PRIVACY, NUISANCE, AND HEALTH IMPACTS FOR NEARBY
FAMILIES, AND THE STATE DENSITY BONUS DOES NOT
AUTHORIZE THESE IMPACTS
In addition to the legal deficiencies in noticing and CEQA compliance, the project’s proposed third story raises severe and unaddressed concerns related to privacy, nuisance, child health, and neighborhood compatibility. The staff reports do not contain any analysis of these impacts, despite the fact that the third floor would directly overlook the private rear yards, play areas, and living spaces of adjoining homes.
This is not theoretical. Families adjacent to the project site include seniors, toddlers and an 11-year-old granddaughter who actively use their yards for daily play, supervision, learning, and outdoor activity. The addition of a third story introduces new and intrusive sightlines, noise exposure, lighting glare, and massing impacts that will fundamentally change how these families use their outdoor space, and severely compromise the physical and mental health of residents.
These impacts were not studied, not mitigated, and not acknowledged.
A. A Third Story Is Not Typical or Compatible With the Surrounding Pattern
The surrounding neighborhood consists primarily of one- and two-story homes. Even the multifamily buildings in the area do not include a 31-foot-tall mass directly abutting single-family yards. Introducing a third story at this location is a significant departure from existing character and creates immediate privacy and nuisance impacts.
B. The City Conducted No Analysis of Privacy, Shading, or Family-Well-Being Impacts
The staff report does not include:
● privacy impact evaluation
● Sightline analysis
● Massing diagrams
● Noise analysis
● Discussion of impacts to families with small children ● Any mitigation or design modifications
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CEQA requires the City to consider whether a project could cause significant privacy, aesthetic, noise, or child-health impacts—especially when the project represents an unusual circumstance, as this one does.
C. The Third Story Creates Direct and Foreseeable Nuisance and Health Impacts
The third-floor units and balconies would enable residents to look directly into:
● children’s play areas
● bedrooms and living rooms of adjacent homes
● backyards used for daily activity and recreation
● private family spaces that have never been subject to such intrusion For families with toddlers and an 11-year-old, predictable consequences include:
● reduced outdoor play due to loss of privacy
● increased parental stress and supervision burden
● inability to comfortably use yards
● decreased sense of safety and well-being
These are not aesthetic preferences. They are tangible nuisance and health impacts that cities are obligated to prevent.
D. The State Density Bonus Does Not Override the City’s Duty to Prevent These Impacts
The City may attempt to argue that the State Density Bonus (Gov. Code §65915) forces acceptance of a third story. That is inaccurate.
Density Bonus Law:
● does not override the General Plan
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● does not allow development that creates health, safety, or nuisance impacts ● does not require approval of height increases that directly harm adjacent homes ● does not eliminate the City’s police-power obligation to protect public welfare ● does not waive CEQA requirements or eliminate “unusual circumstances” analysis
1. Density Bonus incentives cannot violate public health or create nuisances
The City retains full authority to prevent height, massing, or design features that create:
● privacy intrusions
● nuisance conditions
● unsafe or unhealthy living environments for neighbors Density Bonus Law does not convert the City into a mandatory rubber stamp.
2. Privacy and child-safety impacts are legitimate, objective grounds for modifying a proposed incentive
Impacts on families raising young children—including intrusion into backyards, play areas, and bedrooms—are valid planning considerations. They fall squarely within the City’s continued authority to condition or modify incentives to prevent unreasonable impacts.
3. CEQA “unusual circumstances” analysis blocks use of Density Bonus as a shield
Even if Density Bonus incentives apply, CEQA still prohibits reliance on an exemption where unusual circumstances create a reasonable possibility of significant effects. A three-story mass directly overlooking single-family yards is exactly that type of unusual circumstance.
4. Height increases must still be evaluated with evidence, conditions, and alternatives
The City cannot rely on Density Bonus Law to bypass privacy mitigation.
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The City must show—through analysis, not assumption—that the third story does not cause harm. The current record contains no such analysis.
E. Conclusion
The third story, as proposed, creates unavoidable privacy, nuisance, and health impacts on neighboring families. No study, mitigation, or justification has been provided. And Density Bonus Law does not compel approval of a height increase that causes these foreseeable harms.
For these reasons, and in addition to the noticing and CEQA defects, the City must require removal or major redesign of the third story as part of any reconsideration of the project.
IV. THE PROJECT CONTRIBUTES TO AN UNLAWFUL
OVERCONCENTRATION OF AFFORDABLE HOUSING,
VIOLATING FAIR HOUSING AND ENVIRONMENTAL JUSTICE
LAWS
The City’s decision to site this project in a neighborhood that already hosts a significant portion of the City's affordable housing is not merely a policy dispute; it is a violation of state and federal mandates to distribute housing opportunities equitably. By clustering low-income housing in this specific corridor while higher-opportunity areas remain untouched, the City is failing its legal obligations under Affirmatively Furthering Fair Housing (AFFH) and CEQA Environmental Justice principles.
A. Violation of the Duty to “Affirmatively Further Fair Housing” (Gov.
Code §65583)
Under California’s Housing Element Law (Gov. Code §65583(c)(10)), the City is legally required to “affirmatively further fair housing” (AFFH). This statutory obligation mandates that cities take meaningful actions to overcome patterns of segregation and foster inclusive communities.
1. Duty to Distribute, Not Concentrate: AFFH requires the City to distribute affordable housing opportunities throughout the community, rather than concentrating them in neighborhoods that already bear a disproportionate share.
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2. Prima Facie Violation: If Palm Springs continues to approve low-income developments in this same concentrated area, it provides prima facie evidence that the City is failing to meet its AFFH obligation.
3. Federal Alignment: This state requirement aligns with federal HUD guidance, which states that local governments "may not cluster low-income housing in a manner that perpetuates segregation or disproportionately burdens specific neighborhoods." B. CEQA Prohibits Actions That Exacerbate Environmental Inequity Since 2016, CEQA has explicitly incorporated Environmental Justice (EJ) principles. Agencies are required to evaluate whether a project "exacerbates existing environmental burdens on disadvantaged communities" or neighborhoods already impacted by pollution, traffic, or density.
1. Disproportionate Burden: By placing yet another high-density project in a neighborhood that has arguably already absorbed its "fair share," the City is creating a concentration of impacts—including traffic, noise, shadowing, and infrastructure load.
2. Failure of the Exemption: The City attempted to bypass this analysis by using a Class 32 Exemption. However, a Class 32 Exemption prohibits the analysis of cumulative burdens. By using an exemption, the City is actively avoiding its duty to analyze the cumulative environmental justice impact of this concentration. This is exactly the type of regulatory avoidance CEQA was designed to prevent.
C. State Density Bonus Law Does Not Override Fair Housing or Environmental Justice We anticipate the City may argue that State Density Bonus Law compels approval. This is a critical legal misunderstanding. While Density Bonus Law provides incentives and concessions to developers, it does not:
1. Override the City’s obligation to AFFH (Gov. Code §65583);
2. Override the requirement to analyze cumulative impacts under CEQA; or
3. Authorize the clustering of affordable units in a single neighborhood. Density Bonus Law is an incentive program, not a shield against civil rights and environmental justice laws. The City cannot use the Density Bonus as an excuse to ignore the inequitable distribution of housing.
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D. Overconcentration Invalidates the Class 32 Exemption Finally, this overconcentration serves as a fatal legal defect for the CEQA exemption itself.
● Unusual Circumstances: The disproportionate clustering of affordable housing in one specific corridor constitutes an "unusual circumstance" under Berkeley Hillside.
● Cumulative Impacts: The addition of this project to an area with existing affordable housing creates a "cumulative impact" on public services, traffic, and neighborhood character.
● Result: Because Class 32 Exemptions cannot be used where there are cumulative impacts or unusual circumstances, the mere fact of this overconcentration knocks out the exemption. The approval therefore collapses.
Conclusion on Fair Housing: We are not opposing the creation of affordable housing. We are opposing the disproportionate siting that stacks projects near our homes, burdens one community disproportionately, and avoids distributing affordable housing equitably across Palm Springs. This pattern violates the principles of equity, fairness, and compliance with Housing Element law.
V. INCOMPLETE, MISLEADING AND PROBLEMATIC PLANS
In addition to the issues presented above, the plans themselves are at times misleading, erroneous and could present further issues.
● The plan elevations have wrong height notations. For example on the B-B cross section the plans note a Finished Floor (FF) level of 419.50. This is wrong. The FF height appears to be 619.50. This is more than 2 feet higher than the neighboring level.
Thus exacerbating the overbearing building height impact. ● The cross sections of the plans show inevitable drainage to the rear of the property, and consequent drainage into the single family residences on the south side. The plans show a drainage pit that directs all the water for 800 feet along the rear southern section with a 12” drop, which must handle runoff from an area of approximately 90,000 sqft. In heavy rains, overflow is inevitable and excessive. There does not appear to be any adequate sump or other pump to handle overflow from the pit. Engineering hydrology studies and plans are required.
● The plans include the adjacent southern private property wall and foliage as privacy features. The plans should have a privacy wall built the whole length of the southern border, plus landscaped tall privacy hedging to at least 15 feet height located on the project property.
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VI. REQUIRED REMEDIES
Because:
● The City failed to provide statutory mailed notice;
● The creation of unavoidable privacy, nuisance, and health impacts on neighboring families
● The Planning Commission lacked jurisdiction;
● The CEQA exemption is legally defective;
● The plans are misleading and problematic;
● The approval is inconsistent with the General Plan; and ● The record contains no substantial evidence;
…the City must:
1. Vacate the Planning commission approval of DP 25-0011
2. Withdraw the CEQA Class 32 exemption
3. Provide mailed notice in compliance with Government Code §65091
4. Conduct proper CEQA review, including traffic/VMT and cumulative analysis
5. Examine the plans for correct finished pad heights, non-inclusion of neighbor private walls and plantings, engineered drainage plans and stormwater drainage.
Erect story poles prior to the noticed meeting for proper height effect evaluation.
6. Rehear the project before the Planning Commission at a lawfully noticed hearing.
These steps are necessary to restore transparency, protect the rights of affected residents, and ensure that the review process complies with state law.
Thank you for your attention to this matter. I look forward to your response.
Sincerely,
Linda Sacket
Cc. Palm Springs City Clerk - [email protected] Cc. Director of Planning Services - Christopher Hadwin - [email protected] Cc. Palm Springs Deputy City Clerk - Brent Rasi - [email protected] Cc. Palm Springs City Project Planner - Glen Mlaker. - [email protected]
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ATTACHMENT D
Planning Commission
Resolution
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ATTACHMENT E
Planning Commission
Minutes Excerpts
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EXCERPTS OF MINUTES
At the Planning Commission meeting of the City of Palm Springs, held on November 18, 2025, the Planning Commission took the following action:
4A. A REQUEST BY RED TAIL ACQUISITIONS LLC, OWNER, FOR A MAJOR DEVELOPMENT PERMIT TO CONSTRUCT EIGHTY-TWO (82) 100%
AFFORDABLE APARTMENT UNITS PER SECTION 93.23.17 OF THE PALM SPRINGS ZONING CODE FOR A DENSITY BONUS LOCATED AT 305 WEST SAN RAFAEL DRIVE, ZONE R-2 (CASE NO. DP 2025-0011) (GM).
RECOMMENDATION:
That the Planning Commission take the following actions:
1. Approve a Major Development Permit (DP-2025-0011).
Glenn Mlaker, Associate Planner, presented the staff report and answered questions of the commission.
Rex Kathcart, Project Manager, Crede, for the applicant, spoke and answered questions of the commission.
Ron Wu, Red Tail Acquisitions, developer and applicant, spoke and answered questions of the commission.
Chris Bergh, Civil Engineer, MDS Consulting, for the applicant, spoke and answered questions of the commission.
Shawn Boyd, Affordable Housing Access, for the applicant, spoke and answered questions of the commission.
Public comments included concerns that the project was too large for the space, possible need to widen San Rafael, the lack of a pool on the property, and its close proximity to other affordable housing projects.
Vice Chair Aylaian moved, seconded by Commissioner Miller, to approve with added conditions and recommendations for review by the Architectural Review Committee.
1.Applicant to record a 55-year long deed restriction as the project will remain 100% affordable to extremely low, -very low, - low, and moderate income residents. The minimum amount to qualify for the density bonus provisions shall be maintained and confirmed at the time of building permit issuance.
2. Undergrounding of utilities is deferred per Engineering condition #53.
3. Recommendations to the Architectural Review Committee:
a. Landscaping to be added around and in the two retention basins to soften the street corner at Puerto Del Sol. Reevaluate the wall and fence material
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Planning Commission
Excerpts of Minutes
November 18, 2025
surrounding the basins to ensure they do not create a security risk by having a solid wall surrounding them.
b. Re-study the heaviness of the upper building proportions above windows. c. Add elements of color to the building elevations.
d. Add sidewalk leading to the playground.
e. Police Department to conduct a crime prevention review of the site plan design.
f. Provide secure bicycle storage on site.
g. Parking lot shading exhibit be prepared showing 50% of coverage for spaces not under a carport.
h. Enlarging the dog park.
i. Balcony railings to be opaque.
j. Add splash pad on site with shading.
k. Increase shading in play areas and dog park.
l. Landscape plan to be revised substituting problem trees with new species.
Tree sizes to be 24” to 36” box trees.
m. Work with the City to allow on-street parking along W. San Rafael Drive, Virginia Drive, and Puerto del Sol where permissible to the satisfaction of the Planning Director and Chief Engineer.
n. Building design to be more appropriate to Palm Springs.
MOTION: WEREMIUK, SECOND BY AYLAIAN
AYES: WEREMIUK, MILLER, MURPHY, AYLAIAN, BAKER, ROTMAN, MORRILL NOES: NONE
_________________________
Glenn Mlaker, AICP
Associate Planner
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ATTACHMENT F
Planning Commission
Staff Report 11-18-25
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PLANNING COMMISSION STAFF REPORT
DATE: NOVEMBER 18, 2025 NEW BUSINESS
SUBJECT: A REQUEST BY RED TAIL ACQUISITIONS LLC, OWNER, FOR A MAJOR DEVELOPMENT PERMIT TO CONSTRUCT EIGHTY-TWO (82) 100%
AFFORDABLE APARTMENT UNITS PER SECTION 93.23.17 OF THE
PALM SPRINGS ZONING CODE FOR A DENSITY BONUS ON A 4.05- ACRE UNDEVELOPED PARCEL LOCATED AT 305 WEST SAN RAFAEL
DRIVE, ZONE R-2 (CASE NO. DP 2025-0011) (GM).
FROM: DEPARTMENT OF PLANNING SERVICES
SUMMARY:
This is a request for the Planning Commission to consider a Major Development Permit to construct eighty-two (82) apartment units that are 100% affordable consisting of one-, two-, and three-bedroom units. The site plan has three buildings fronting W. San Rafael Drive with off-street parking along the south property line. The project includes a leasing/community room, a dog park, playground, and community gathering area as site amenities. The proposed buildings will be two and three stories invoking an increase in building height and reduced off-street parking per the Density Bonus section of the Palm Springs Zoning Code (PSZC) for 100% affordable apartment units.
ISSUES:
1. Section 93.23.17 of the PSZC allows for an increase of density from 15 dwelling units per acre to 19.1 units per acre, and of building height of an additional eleven (11) feet and reduction in off-street parking by eleven (11) spaces near a transit stop above the restrictions of the R-2 Zone if the project provides 100% affordable housing units.
2. The Architectural Review Committee (ARC) will review the Major Architectural Application for building elevations, landscaping, and proposed walls and fences.
RECOMMENDATION:
The Planning Commission to determine that the project is Categorically Exempt as a Class 32 as an “In-Fill” development under CEQA Guidelines and approve the Major Development Permit subject to attached conditions of approval.
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Planning Commission Staff Report
November 18, 2025 – Page 2 of 9
Case DP 2025-0011 – 305 W San Rafael Apartments
BUSINESS PRINCIPAL DISCLOSURE:
The applicant has submitted a Business Disclosure form stating that the applicant is Red Tail Multifamily Land Development, LLC, with Ron Wu, and JD Carbone as officers of the company.
PROJECT DESCRIPTION:
The applicant is proposing to construct an ungated eighty-two (82) unit 100% affordable apartment complex consisting of a mix of one (1), two (2) and three (3) bedroom units in three buildings fronting along W. San Rafael Drive. The subject site is 4.05 acres in size and is a long rectangular parcel with access points on two side streets named Virginia Drive and Puerta Del Sol.
The site plan places the three buildings facing W. San Rafael Drive with the middle building setback seven (7) feet from the other two to provide interest and soften the street edge. The proposed project will include associated parking and landscape plans for the site. Off-street parking for one hundred thirty-seven (137) parking spaces is in a parking lot located to the south of the new apartment buildings. The use of solar carports over eighty-eight (88) spaces with the remaining forty-eight (48) spaces for residents and guests is proposed.
Access to the parking lot will be via two ingress/egress points on Virgina Drive and Puerto Del Sol on the west and east sides of the lot. Staff worked with the applicant to provide internal speed control elements within the parking lot by having raised humps in a paver material as pedestrian walkways leading from the parking to the apartment buildings. In addition, a slight “off set” in the parking lot at the east end will visually signal that speeds along the driveway should be low.
Street dedication with improvements will be required along W. San Rafael Drive, Virgina Drive, and Puerto Del Sol. Currently the street frontage is unfinished. Road widening with installation of new curd, gutter and sidewalk will be required along all three streets that bound the property.
Amenities in the apartment complex will include a gathering place/playground at the west end of the development with shade structures and benches. A dog park between buildings 1 and 2 and an open lawn area with shading between buildings 2 and 3. Trash enclosures are placed along the south perimeter wall against a six (6) foot tall block wall which runs the length of the property line. A steel tubular fence along the W. San Rafael Drive frontage is proposed and will need to meet the standards per the General Plan.
Water retention areas are placed at the east end of the development. These basins will need to be landscaped and integrated into the overall design of the site.
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Planning Commission Staff Report
November 18, 2025 – Page 3 of 9
Case DP 2025-0011 – 305 W San Rafael Apartments
DETAILS OF APPLICATION REQUEST:
Site Area
4.05-Acres
Surrounding
Property
Existing General Plan
Designations
Existing Land Use Existing Zoning
Designations
Subject
Property
MU (Mixed Use)
Tramview Height Specific
Plan
Vacant R-2 Multi-Family
Residential
North IND (Industrial) Industrial M-1 Industrial
South ER (Estate Residential) Single-Family
Residential
R-1-A Single Family
Residential
East MU (Mixed Use) Vacant R-2 Multi-Family
Residential
West MDR (Medium Density
Residential)
Palm Springs Villas
Condominiums
R-2 Multi-Family
Residential
ANALYSIS:
Density Bonus:
Affordable Housing Density and Incentives: In its review of qualifying affordable housing projects, the City is required to allow density bonuses, reduced off-street parking and certain waiver and incentives, as permitted by Density Bonus Ordinance, Section
93.23.17 of the Zoning Code.
Under the Density Bonus Ordinance, the very low- and low-income unit developments are permitted with certain “Incentives” for developing such units as part of an affordance housing project. The application seeks three incentives as permitted under Section
93.23.17 of the Zoning Code:
• Height – The project proposes heights above those typically allowed in the R-2 zone. The R-2 zone permits heights of 24 feet and the proposal includes heights of 31.3’ feet for a portion of all three buildings. Section 93.23.17(F) permits up to an 11-foot increase in the allowable height.
• Density- The Mixed Use (MU) General Plan land use designation has a maximum density of 15 dwelling units per acre while the proposed project is requesting a density of 19.2 dwelling units per acre which is permitted for a 100% affordable project.
• Off-Street Parking – The project proposes a reduction of twenty-one (21) spaces for a total provided of 137 spaces. A density bonus incentive for low and very lowincome housing projects near a major transit stop can request reduced parking.
The project complies with the permissible incentives for an affordable housing project.
I
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Planning Commission Staff Report
November 18, 2025 – Page 4 of 9
Case DP 2025-0011 – 305 W San Rafael Apartments
Development Standards:
R-2 Requirements Proposed Project Conform
Lot Standards
Min. Area 20,000 square feet 4.5-acres Y
Min. Width 140 feet 905 feet Y
Min. Depth 150 feet 180 Y
Density Per the MU General Plan Des. of up
to 15 dwelling units per acre
19.2 dwelling units per acre Y*
Building Height R-2: 24 ft. and two stories max.
Density Bonus allow up to 35 ft.
31.3’ feet maximum height Y*
Yards
Front (W. San Rafael) 25 feet Buildings 1 & 3 at 25 feet Building 2 at 32.1’ feet
Y
Street Sides
(Virgina Dr)
(Puerto Del Sol)
30 feet
30 feet
102 feet
61.3’ feet
Y
Y
Rear Street 20 feet from building 109 feet to building Y Distance Between
Buildings
15 feet between buildings. 39.11’ feet btwn Bldg 1 & 2
40’ feet btwn Bldg 2 & 3
Y
Coverage 50% maximum useable open
space
50% Y
Off-street Parking 158 spaces required 137 parking spaces proposed Y* *Yes, as an affordable housing development with permitted incentives in Section 93.23.17 of the Zoning Code.
Site Plan:
The subject lot is a 4.05-acre vacant rectangular-shaped parcel located within the Tramview Heights Specific Plan. Currently the site is flat with frontage on three streets of W. San Rafael Drive, Virginia Drive, and Puerto Del Sol. Two ingress/egress points into the complex will be from the two side streets with no access along W. San Rafael Drive. The three apartment buildings will front along the main street with Building 2 setback seven (7) feet to provide interest and soften the street frontage. Off-street parking is located on the south portion of the site with multiple carports providing covered parking.
Staff worked with the applicant to provide internal speed control elements within the parking lot by having raised humps in a paver material as pedestrian walkways leading from the parking to the apartment buildings. In addition, a slight “off-set” in the parking lot at the east end will visually signal that speeds along the driveway should be low. Site amenities include a community/playground space with shade structures and benches as the west end of the complex, with a dog park between Buildings 1 and 2, and an open space with additional shade structures and benches between Buildings 2 and 3.
Mass and Scale:
The proposed three apartment buildings will consist of two- and three-story structures.
The third floor will consist of four separate units, and the remaining apartments will be on
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Planning Commission Staff Report
November 18, 2025 – Page 5 of 9
Case DP 2025-0011 – 305 W San Rafael Apartments
the first and second floors. The total building height on the third floor will be 31.3’ feet tall while the second-floor height is 20.2’ feet. This condition provides for varying roof lines and heights for the building elevation designed to lessen the massing and scale. Building 2 will be setback seven (7) feet from Buildings 1 and 3 which softens the overall streetscape providing interest and presence on the street.
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 proposed development will consist of eight-two (82) affordable apartment units located in the area designated as Mixed Use (MU) per the General Plan with a maximum density of 15 units per acre and located in the Tramview Heights Specific Plan which designates the parcel for multi-family residential. The MU designation allows for residential developments that is properly integrated and allows the implementation of development standards that are customized to each site to include an increase with a Density Bonus. The proposed project is for 100% affordable development for very low-, and low-income residents as the site design reflects the intended housing product.
In addition, the General Plan Housing Element states:
Goal LS3 –Facilitate and encourage a broad range of rental and ownership opportunities, housing products, and community supportive services for people with special needs:
Policy HS3.1 -Support the development of accessible and affordable senior rental housing, assist seniors to maintain and improve their homes, and support the provisions of senior services:
Policy HS3.3 -Increase the supply of affordable and accessible housing suitable to the semi-independent living needs of people with disabilities, provide assistance to people with disabilities to maintain and improve their homes:
Policy HS3.5 -Support collaborative partnerships of nonprofit organizations, the development community, and the City of Palm Springs to provide affordable housing:
Policy HS3.6 -Assist and support, were feasible, in the production and conservation of housing affordable to very low-, low-, and moderate-income households.
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Planning Commission Staff Report
November 18, 2025 – Page 6 of 9
Case DP 2025-0011 – 305 W San Rafael Apartments
Consistency Review: The proposed project utilizing the Density Bonus section of the zoning code to allow greater density, height, and reduction of off-street parking results in a project that meets the intent of the MU designation and further advances the goals and policies of the Housing Element.
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 proposed project is requesting the implementation of the Density Bonus section of the zoning code for increased density, building height, and reduction of off-street parking. The site is adequately sized to accommodate the proposed apartment complex with parking and site amenities. The subject parcel is in an infill lot with all utilities, access to streets, and will be an appropriate housing transition from the industrial warehouse to the north and the single-family residential lots to the south and will not be detrimental to adjacent properties 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 project is requesting the implementation of a Density Bonus for a 100% affordable project with increased density, building height, and reduction of off-street parking per Section 93.23.17 of the PSZC as follows:
• Height – The project proposes heights above those typically allowed in the R-2 zone. The R-2 zone permits heights of 24 feet and the proposal includes heights of 31.3’ feet for a portion of all three buildings. Section 93.23.17(F) permits up to an 11-foot increase in the allowable height.
• Density- The Mixed Use (MU) General Plan land use designation has a maximum density of 15 dwelling units per acre while the proposed project is requesting a density of 19.2 dwelling units per acre which is permitted for a 100% affordable project.
• Off-Street Parking – The project proposes a reduction of twenty-one (21) spaces for a total provided of 137 spaces. A density bonus incentive for low and very lowincome housing projects near a major transit stop can request reduced parking.
With the granting of the request the project will meet the property development standards for the R-2 zoning district 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 three apartment buildings with the height of the third floor at 31.3’ feet tall while the second-floor height is 20.2’ feet. This condition provides for varying roof lines and heights for the building elevation that lessens the massing and scale.
Building 2 will be setback seven (7) feet from Buildings 1 and 3 which softens the
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Planning Commission Staff Report
November 18, 2025 – Page 7 of 9
Case DP 2025-0011 – 305 W San Rafael Apartments
overall streetscape providing interest and presence on the street. The massing and building heights are of good composition and will be consistent and to scale for a 100% affordable housing complex 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 setbacks for Buildings 1 & 3 will be twenty-five (25) feet and Building 2 at thirty-two feet, one inch (31.1’) from the front property lines along W. San Rafael Drive consistent with the R-2 zoning. The off-street parking located behind the apartment buildings with shade structures is a good site plan placement. The use of internal speed control elements within the parking lot by having raised humps in a paver material as pedestrian walkways leading from the parking to the apartment buildings. In addition, a slight “off-set” in the parking lot at the east end will visually signal that speeds along the driveway should be low. The overall site design meets the development standards, and the finding has been met.
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 site is flat with frontage on three streets of W. San Rafael Drive, Virginia Drive, and Puerto Del Sol. Two ingress/egress points into the complex will be from the two side streets with no access along W. San Rafael Drive. The eighty-two (82) unit apartment complex with reduced off-street parking as the project is located near a transit point will not generate traffic that cannot sufficiently maintain current traffic flow on surrounding street networks. The project will require the widening of W. San Rafeal Drive, Virginia Drive, and Puerto Del Sol to include curbs, gutters, and sidewalks.
Adjacent streets are at their full built width and are sufficient to accommodate anticipated vehicle trips generated by the residents of the community and the finding has been met.
7. On-site circulation conforms to minimum standards, and accommodation is made for safe on-site pedestrian circulation;
The ingress/egress points into the off-street parking lot will be from Virgina Drive and Puerto Del Sol as the internal driveway will be twenty-six (26) feet wide allowing twoway vehicle movements with parking on both sides. Traffic calming will be implemented to slow vehicles within the complex, allowing pedestrians to navigate into the buildings and the finding has been met.
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Planning Commission Staff Report
November 18, 2025 – Page 8 of 9
Case DP 2025-0011 – 305 W San Rafael Apartments
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 proposed landscape plan shows enhanced plantings along the street frontage of W. San Rafael Drive with the use of 36” box Tipu Trees, Rosewood, Palo Verde, Acacia, and new large Washingtonian Filifera palm, and Mediterranean Fan Palms.
Other plantings include desert accents, shrubs, grasses, and groundcovers. The use of multiple plants will provide varying heights, colors, and textures which is incorporated at the dog park, playground, and gathering spaces. The proposed plant palette consists of the plant materials that are included in the Lush and Efficient landscape gardening book and meets the requirements. The Architectural Advisory 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 project is considered an in-fill development with utility infrastructure existing in the adjacent streets. There is adequate public infrastructure for the proposed project; water will be provided by the Desert Water Agency (DWA), the complex to be connected to the City sewer system and electricity to the site from Southern California Edison. Therefore, the project will be served by existing public infrastructure.
10. Based on environmental review, the proposed project either has no potentially significant environmental impacts, any potentially significant impacts have been reduced to less than significant levels because of mitigation measures incorporated in the project, or a Statement of Overriding Considerations has been adopted to address unmitigated significant environmental impacts;
The proposed project is Categorically Exempt under CEQA Section 153032 (In-Fill Development) – the proposed development is located within an urbanized area of the city and less than 5-acres in size, has no value for wildlife habitat as the parcel has been previously graded, and the site is served by existing utilities and services which qualifies this project as an In-Fill development.
11. The proposed project has no unacceptable adverse effects on public welfare, health or safety.
The proposed eight-two (82) unit residential apartment project with associated amenities will not have an adverse effect on public welfare, health or safety. The development of a 100% affordable housing development for very low-, and lowincome residents advances the goals of the City’s Housing Element and the finding has been met.
.
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Planning Commission Staff Report
November 18, 2025 – Page 9 of 9
Case DP 2025-0011 – 305 W San Rafael Apartments
ENVIRONMENTAL DETERMINATION:
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the project is Categorically Exempt under CEQA Section 153032(a-e) (In-Fill Development) – The project is (a) consistent with the General Plan, (b) is less than five (5) acres in size; (c) has no value as habitat for endangered species; (d) there will be no significant impacts to air quality, water, traffic, or noise; (e) and can be adequately served by existing utilities and public services.
CONCLUSION:
The proposed Major Development Permit for an eighty-two (82) unit 100% affordable housing community with the implementation of Density Bonus incentives for unit density, height, and reduction of off-street parking complies with all the requirements outlined in the above-mentioned sections of the Palm Springs Municipal Code and Zoning Code.
Therefore, Staff recommends approval of the proposed application and the determination that the project is Categorically Exempt as an “In-Fill” development. 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: Christopher Hadwin, AICP, Director of Planning Services ATTACHMENTS:
1. Vicinity Map
2. Draft Resolution & Conditions of Approval
3. Justification Letter
4. Business Disclosure Form
5. Site Plan and Building Elevations
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ATTACHMENT G
Letter from Applicant
–
Response to Appeal
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REDT-58150\3271903.1
1331 N. California Blvd.
Suite 600
Walnut Creek, CA 94596
T 925 935 9400
F 925 933 4126
www.msrlegal.com
Travis Brooks
[email protected]
Offices: Walnut Creek / San Francisco / Newport Beach / Reno December 17, 2025
Planning Services Department
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Applicant Response To Neighbors’ Appeal Of City Approval Of Housing Development Project At 305 W. San Rafael Drive
Case No: DP 2025-0011
To Whom it May Concern:
This firm represents Redtail Multifamily Development, LLC in its housing development project application to construct 82 critically needed affordable units at 305 W. San Rafael Drive in the City (“Project”). When taking into account available benefits under the state’s Density Bonus Law (“DBL”, Gov. Code, § 65915) the Project is consistent with all of the City’s relevant objective development standards set out in its General Plan, zoning ordinance, subdivision ordinance, and design criteria. In addition to the protections of the DBL, the Project is also subject to the robust protections of the Housing Accountability Act (“HAA”, Gov. Code, § 65589.5 ). Accordingly, the City Council is required to deny the recent appeal of the Project’s approval filed by nearby residents and allow the Project to move forward.
I. Housing Accountability Act
As a brief reminder to the City, the Project is protected by the Housing Accountability Act (Gov. Code § 65589.5; “HAA”), a housing production statute that seeks “to significantly increase the approval and construction of new housing for all economic segments of California’s communities by meaningfully and effectively curbing the capability of local governments to deny, reduce the density for, or render infeasible housing development projects . . . .” (§ 65589.5(a)(2)(K)). Moreover, the HAA expresses the state’s policy that this statute “be interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, housing.” (Gov. Code § 65589.5(a)(2)(L)).
As relevant here, subdivision (j) of the HAA directs that a decision to disapprove or reduce the density of a project that complies with “applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards” must be based on written findings supported by a preponderance of the evidence that
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City Planning Department
December 17, 2025
REDT-58150\3271903.1
(1) the project would have “a specific, adverse impact upon the public health or safety” and (2) that there is no feasible method to satisfactorily mitigate or avoid this adverse impact. (Gov't Code § 65589.5(j)(1)). The HAA defines a “specific, adverse impact” to mean “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.” (Gov't Code § 65589.5(j)(1)(A)).
The DBL and HAA’s definition of a “specific, adverse impact” upon public health or safety is purposely narrow. As the Department of Housing and Community Development recognizes:
[t]he [Housing Accountability Act] considers that such impacts would be rare: “It is the intent of the Legislature that the conditions that would have a specific, adverse impact upon the public health and safety, as described in paragraph (2) of subdivision (d) and paragraph (1) of subdivision (j), arise infrequently.” (Gov. Code, § 65589.5, subd. (a)(3).)
(HCD, Housing Accountability Act Technical Assistance, September 15, 2020, at p. 20.)
Section 65589.5(j) requires cities to determine whether a project complies with the applicable, objective general plan, zoning, subdivision, and design standards. The HAA defines the term “objective” to mean “involving no personal or subjective judgment by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official.” (Gov. Code § 65589.5(h)(9)). Cities must make this determination based on a “reasonable person” standard. (Gov. Code § 65589.5(f)(4)).
Accordingly, if a project complies with applicable, objective general plan, zoning, subdivision, and design standards in the eyes of a reasonable person, the project cannot be disapproved or conditioned on a lower density unless, based on a preponderance of the evidence in the record, it would have a "specific, adverse impact" upon public health or safety and there is no feasible way to mitigate that impact. If a city’s disapproval or conditional approval is challenged in court, the burden is on the City to prove its decision conformed to all the conditions specified in the HAA. (Gov. Code § 65589.6).
The courts have explained that the HAA’s findings constitute the “only” grounds for a lawful disapproval of a housing development project. (North Pacifica, LLC v. City of Pacifica (N.D.Cal. 2002) 234 F.Supp.2d 1053, 1059-60, disapproved on other grounds in North Pacifica LLC v. City of Pacifica (2008) 526 F.3d 478; see also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.App.4th 704, 715-16). Moreover, the HAA creates such a “substantial limitation" on the
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City Planning Department
December 17, 2025
REDT-58150\3271903.1
government's discretion to deny a permit that it amounts to a constitutionally protected property interest. (North Pacifica, LLC v. City of Pacifica, supra, 234 F.Supp.2d at 1059).
Here, the City cannot make the rare health and safety findings necessary to disapprove the Project under the HAA. Accordingly, the City must deny the appeal, and allow the Project to move forward.
II. Density Bonus Law
The Project is also protected by the DBL (Gov. Code §§ 65915-65918), a housing production statute that is required to be interpreted liberally in favor of producing the maximum number of total housing units. (Gov. Code § 65915(r)).
The DBL provides that “an applicant may submit to a city . . . a proposal for a waiver or reduction of development standards that will have the effect of physically precluding the construction of a development” that is entitled to the benefits of the Density Bonus Law. (Gov. Code § 65915(e)(1)). A “development standard” is defined broadly as “a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation.” (Gov. Code § 65915(o)(1)). An applicant is not limited in the number of waivers that may be requested and granted. (Gov. Code § 65915(e)(1)). Waivers can be requested for “any development standard that will have the effect of physically precluding the construction of a development” that meets the Density Bonus Law’s minimum affordable requirements “at the densities or with the concessions or incentives permitted by [the Density Bonus Law].” (Id.).
A local government may deny a requested waiver only in specified circumstances.
Specifically, a local government may deny a requested waiver only if granting the waiver “would have a specific, adverse impact . . . upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact” or “would have an adverse impact on any real property that is listed in the California Register of Historical Resources or that would be contrary to state or federal law. (Id.). A “specific, adverse impact” means “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.” (Gov. Code § 65589.5(d)(2)). Conditions that would have a specific, adverse impact upon the public health and safety “arise infrequently.” (Gov.
Code § 65589.5(a)(3)).
A local government can require “an applicant to provide reasonable documentation to establish eligibility” for a requested waiver or reduction of a development standard. (Gov. Code § 65915(a)(2)). According to HCD, the “showing or ‘reasonable documentation’ required by the applicant is that the project qualifies for a density bonus.” HCD also has concluded that “[a] project that meets the requirements of the
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[Density Bonus Law] is entitled to waivers if they are needed, ‘period.’” (Id., quoting Wollmer v. Town of Berkeley, 193 Cal.App.4th 1329, 1346-47 (2011)).
A recent California Court of Appeal case has further confirmed that a local government cannot deny a requested waiver based on whether a developer could have designed its project in a way that minimizes the need for requested waivers. (Bankers Hill 150 v. Town of San Diego, 74 Cal.App.5th 755 (2022)). In Bankers Hill 150, project opponents claimed that the project could be redesigned to be more consistent with the city’s development standards and therefore the city should have denied the requested waivers. The Court rejected that argument, holding that the city could not demand the developer to redesign its building to better meet the city’s development standards even if a design existed that would allow fewer variations of local development standards than the proposed project. (Id. at 775).
By providing 100% of its units as affordable, the Project meets the requirements for a density bonus and is entitled to the waivers it requested. Crucially, none of the specified conditions that would allow the City to deny the Project’s requested waivers apply. The Project Site is not listed in the California Register of Historical Resources and none of the waivers that could be requested would have a specific, adverse impact on health or safety or would be contrary to state or federal law.
Again, the City must deny the appeal in its entirety.
III. Conclusion
We appreciate City staff’s hard work processing the Project application and its approval. After the pending, unmeritorious appeal is denied, we look forward to working with the City to deliver the Project’s critically needed units to the community.
Very truly yours,
MILLER STARR REGALIA
Travis Brooks
Travis Brooks
TZB:tzb
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ATTACHMENT H
Justification Letter
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Pre-Submittal Conference
Project Justification/Description Letter
305 West San Rafael Dr, Palm Springs, CA
6/18/25
Red Tail Multifamily Land Development is proposing to build a 100% Affordable For-Rent Multifamily Tax Credit project at 305 West San Rafael Dr, Palm Springs Property Metrics:
• Acreage - 4.05
• APN: 504-103-001,002,003,004,005,006
Entitlements:
Existing Zoning: R2
• We will use Density Bonus to achieve the following:
o Increase in Density to accommodate the proposed 82 units o Increase in building height to achieve the 3-story component o Adjustment to setbacks
o Adjustment to parking requirements
• No zone change is anticipated. The project is considered "By Right" under existing zoning regulations. Entitlement Process – Is “By Right” • Submittal will be via a Major Development Permit & a Major Architectural Review o Major Development Permit process includes a Planning Commission Meeting, this is not a Public “Hearing”
It is noted that the neighbors are “Noticed”
o Major Architectural Review process includes an Architectural Review Committee Meeting
• CEQA Categorical Exemption – Class 32 – Infill Development o Project is located on a site less than 5 acres, surrounded by urban development
o Site does not contain habitat for endangered or threatened species o Project will not result in significant impacts related to traffic, noise, air quality, or water quality
o Public services are adequate
o Project is consistent with the General Plan and Zoning regulations Mapping Process
• Will use the previously approved TTM to allow us to do the following:
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o Consolidation into one lot
o Provide the ROW dedication
o Documentation of required easements
o Will not require a Public Hearing
o Will need to remove the word “For Condo Purposes” from the existing map – Do not want to go through the DRE process
Project Components:
The proposed development will include:
• 82 rental units – Mix: 27 -1 bed (33%)/30 - 2 bed (37%)/25 - 3 bed (30%) • Density – 21 DU/AC
• Buildings are 2 & 3 Stories
• Parked 1.75 space/du
• A portion of the buildings on San Rafael are 3 story
Submittal Inclusions:
Architectural Plans – Architects Orange – Dated 6/17/25 • Conceptual Rendering
• Conceptual Site Plan
• Open Space Plan
• Building Plans
• Conceptual Elevations
• Unit Plans
• Trash Enclosures
Civil Plans – MDS Consulting – Dated 6/18/25
• Technical Site Plan/Preliminary Grading Plan
Traffic Generation Memo – TJW Engineering, Inc – Dated 6/10/25 • Trip Generation Analysis
• Vehicle Miles Traveled (VMT) Screening
Geotechnical Report – Sladden Engineering – Dated 5/20/25 • Update to previous geotechnical report and percolation test dated 3/7/16 Phase I Environmental Site Assessment – EFI Global – Dated 5/29/25
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Title Report – Fidelity National Title – Dated 4/29/25
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ATTACHMENT I
Business Disclosure
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A –
A –
ATTACHMENT J
Site Plan and
Elevations
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305 W. SAN RAFAEL
DESIGN REVIEW SUBMITTAL
PALM SPRINGS, CALIFORNIA
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JOB NO.
DATE
A3
2025-0353
06-17-2025
305 W. SAN RAFAEL
PALM SPRINGS, CA
CONCEPTUAL RENDERING
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JOB NO.
DATE
A2
2025-0353
06-17-2025
305 W. SAN RAFAEL
PALM SPRINGS, CA
SHEET INDEX
ARCHITECTURE SHEETS
COVER SHEET A1
SHEET INDEX A2
CONCEPTUAL RENDERING A3
PROJECT SUMMARY A4
CONCEPTUAL SITE PLAN A5
FIRE ACCESS PLAN A6
OPEN SPACE PLAN A7
BUILDING A COMPOSITE PLAN - LEVEL ONE A8
BUILDING A COMPOSITE PLAN - LEVEL TWO A9
BUILDING A COMPOSITE PLAN - LEVEL THREE A10
BUILDING A - ALT COMPOSITE PLAN - LEVEL ONE A11
BUILDING A - ALT COMPOSITE PLAN - LEVEL TWO A12
BUILDING A - ALT COMPOSITE PLAN - LEVEL THREE A13
CONCEPTUAL ELEVATIONS - NORTH SOUTH A14
CONCEPTUAL ELEVATIONS - EAST WEST A15
UNIT PLANS A16
TRASH ENCLOSURES A17
COLOR & MATERIAL BOARD A18
LANDSCAPE SHEETS
PRELIMINARY DESIGN L1.0
BLOW-UP “A” L1.1
BLOW-UP “B” L1.2
BLOW-UP “C” L1.3
AMENITIES L1.4
PLAYGROUND L1.5
CIVIL SHEETS
PRELIMINARY GRADING PLAN PG-1
PRELIMINARY GRADING PLAN PG-2
PROJECT TEAM:
RESIDENTIAL ARCHITECT:
AO
144 North Orange St.
Orange, CA 92866
(714) 639-9860
Contact: Travis Mahoney
[email protected]
CIVIL ENGINEER:
MDS CONSULTING
41865 Boardwalk, Suite 218
Palm Desert, CA 92211
(760)674-5776
Contact: Chris Bergh
[email protected]
PROJECT COORDINATOR:
MUROW
16800 Aston St. Suite 200
Irvine, CA 92606
(949) 398-8349
Contact: Bob Garrison
[email protected]
APPLICANT:
RED TAIL MULTIFAMILY DEV. CO.
2082 Michelson Drive, 3rd. Floor
Irvine, CA 92612
(415) 249-6194
Contact: Ron Wu
[email protected]
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JOB NO.
DATE
A4
2025-0353
06-17-2025
305 W. SAN RAFAEL
PALM SPRINGS, CA
PROJECT SUMMARY PROJECT INFORMATION - UNIT SUMMARY, PARKING ANALYSIS 0 8' 16' 24' 32'
1"=8'
G1
PALM SPRINGS, CA 08-04-2025
2025-0353
DATE
JOB NO.
305 W. SAN RAFAEL
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JOB NO.
DATE
A5
Date 11-03-2023
Job No.
Scale
2022-776
Date
Job No.
Scale
A-20
NORTH
1" = 30'
BUILDING PLAN
0 30' 60' 90' 120' 11-06-2023
2025-0353
06-17-2025
305 W. SAN RAFAEL
PALM SPRINGS, CA
CONCEPTUAL SITE PLAN
1” = 40’
0 40’ 80’ 120’ 160’
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48"
48" 54"
60"
48"
37'-3"
22'-11"
44'-1" 30'-0"
37'-0"
18'-0" 37'-2"
LEASING / CLUB / MAIL
T
26'-0"
25'-0"
32'-1"
25'-0"
9'-0"
HB
HB
71'-3"
102'-0"
39'-11"
61'-4" 40'-0"
40'-0" 90'-0"
10'-0"
37'-2"
39'-5" 61'-3"
2,401 GSF
18'-0"
CATALINA ROAD
PUESTA DEL SOL
W. SAN RAFAEL DRIVE
N. VIRGINIA ROAD
LEASING
LOUNGE
COMMUNITY
ROOM
OFFICE
MAIL
PARCEL
MECH
OFFICE
BATHROOM
DESK WITH LOW WALL
LOW WALL UP TO 48" PER ELEVATION
KICHENETTE
SITE PLAN A1.0
0 40' 80' 120' 160'
1"=40'
PALM SPRINGS, CA 08-04-2025
2025-0353
DATE
JOB NO.
305 W. SAN RAFAEL
.\The Previti Group_Logo.png
PROPERTY LINE
ACCESSIBLE PARKING
LEGEND
ACCESSIBLE ROUTE OF
TRAVEL
BLDG #
TYPE # BUILDING TYPE
BUILDING NUMBER
USPS PARKING
NO
PARKING
VAN
USPS
CARPORTS
A – Page 430 of 696
JOB NO.
DATE
A6
Date 11-03-2023
Job No.
Scale
2022-776
Date
Job No.
Scale
A-20
NORTH
1" = 30'
BUILDING PLAN
0 30' 60' 90' 120' 11-06-2023
2025-0353
06-17-2025
305 W. SAN RAFAEL
PALM SPRINGS, CA
1” = 40’
0 40’ 80’ 120’ 160’
FIRE ACCESS PLAN
48"
48" 54"
60"
48"
37'-3"
22'-11"
44'-1" 30'-0"
37'-0"
18'-0" 37'-2"
LEASING / CLUB / MAIL
T
26'-0"
25'-0"
32'-1"
25'-0"
9'-0"
HB
HB
71'-3"
102'-0"
39'-11"
61'-4" 40'-0"
40'-0" 90'-0"
10'-0"
37'-2"
39'-5" 61'-3"
2,401 GSF
18'-0"
CATALINA ROAD
PUESTA DEL SOL
W. SAN RAFAEL DRIVE
N. VIRGINIA ROAD
K K K
K K K
K K K
LEASING
LOUNGE
COMMUNITY
ROOM
OFFICE
MAIL
PARCEL
MECH
OFFICE
BATHROOM
DESK WITH LOW WALL
LOW WALL UP TO 48" PER ELEVATION
KICHENETTE
FIRE ACCESS PLAN A1.2
0 40' 80' 120' 160'
1"=40'
PALM SPRINGS, CA 08-04-2025
2025-0353
DATE
JOB NO.
305 W. SAN RAFAEL
.\The Previti Group_Logo.png
Xref .\Xref\X-KEY-FIRE ACCESS.dwg Xref .\Xref\X-KEY-FIRE ACCESS.dwg LEGEND
FIRE APPARATUS
K KNOX BOX OR KEYED ACCESS
150'-0" HOSE PULL
LEGEND
18'
18'
R25'
R43'
FIRE APPARATUS
TURNING RADIUS
26'-0" WIDE FIRE LANE
A – Page 431 of 696
JOB NO.
DATE
A7
2025-0353
06-17-2025
305 W. SAN RAFAEL
PALM SPRINGS, CA Date 11-03-2023
Job No.
Scale
2022-776
Date
Job No.
Scale
A-20
NORTH
1" = 30'
BUILDING PLAN
0 30' 60' 90' 120' 11-06-2023
1” = 40’
0 40’ 80’ 120’ 160’
OPEN SPACE PLAN
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R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W
R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W
R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W
R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W
R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W
R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W
R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W
R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W
R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/WR/W R/W R/W R/W R/W R/W R/W
R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/WR/W R/W R/W R/W R/W R/W R/W
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48"
48" 54"
60"
48"
37'-3"
22'-11"
44'-1" 30'-0"
37'-0"
18'-0" 37'-2"
LEASING / CLUB / MAIL
T
26'-0"
25'-0"
32'-1"
25'-0"
9'-0"
HB
HB
71'-3"
102'-0"
39'-11"
61'-4" 40'-0"
40'-0" 90'-0"
10'-0"
37'-2"
39'-5" 61'-3"
2,401 GSF
18'-0"
CATALINA ROAD
PUESTA DEL SOL
W. SAN RAFAEL DRIVE
N. VIRGINIA ROAD
LEASING
LOUNGE
COMMUNITY
ROOM
OFFICE
MAIL
PARCEL
MECH
OFFICE
BATHROOM
DESK WITH LOW WALL
LOW WALL UP TO 48" PER ELEVATION
KICHENETTE
SITE PLAN A1.0
0 40' 80' 120' 160'
1"=40'
PALM SPRINGS, CA 08-04-2025
2025-0353
DATE
JOB NO.
305 W. SAN RAFAEL
.\The Previti Group_Logo.png
LEGEND
ENCLOSED
AMENITY SPACE
PUBLIC
OPEN SPACE
OPEN SPACE:
REQUIRED OPEN SPACE 50%: 91,793 s.f.
COMMON OPEN SPACE 47%: 87,151 s.f.
TOTAL OS SITE AREA: 89,562 s.f.
A – Page 432 of 696
P L A N N E R S E N G I N E E R S S U R V E Y O R S (760) 674-5776 41-865 BOARDWALK SUITE 218 PALM DESERT, CA 92211 WWW.MDSCONSULTING.NET A – Page 433 of 696 DATE PREPARED: 305 W. SAN RAFAEL DRIVE PRELIMINARY GRADING PLAN LATEST REVISION: PG - PREPARED BY: DEVELOPER: Red Tail Multifamily Dev. Co. IRVINE, CA 92612 PH: 415-249-6194 Contact: RON WU, DIRECTOR, DEVELOPMENT 2082 MICHELSON DRIVE, 3rd. Floor MDS CONSULTING 8/05/25 TECHNICAL SITE PLAN MAY 23, 2025 AUG. 05, 2025 OWNER: SUNIA INVESTMENTS, LLC P L A N N E R S E N G I N E E R S S U R V E Y O R S (760) 674-5776 41-865 BOARDWALK SUITE 218 PALM DESERT, CA 92211 WWW.MDSCONSULTING.NET ASSESSORS PARCEL NUMBERS GENERAL PLAN ZONING LOT AREA LAND USE CATALINA ROAD PUESTA DEL SOL VIRGINIA ROAD DENSITY SAN RAFAEL DRIVE - 88' (ULTIMATE) R/W PUERTA DEL SOL - 60' R/W VIRGINIA ROAD - 50' R/W UTILITY PURVEYORS SAN RAFAEL DRIVE PAD = 623.3 FF = 624.00 PAD = 622.8 FF = 623.50 PAD = 623.8 FF = 624.50 PAD = 614.3 FF = 615.00 PAD = 613.8 FF = 614.50 PAD = 613.8 FF = 614.00 FF = 620.00 PAD = 619.3 FF = 619.50 PAD = 618.8 FF = 620.50 PAD = 619.8 BUILDING 1 BUILDING 2 BUILDING 3 ONSITE PRIVATE STREET/PARKING 1 NOTES: EASEMENT NOTES: BASIS OF BEARINGS: BENCHMARK LEGAL DESCRIPTION: EARTHWORK ESTIMATE: A – Page 434 of 696 DATE PREPARED: 305 W. SAN RAFAEL DRIVE PRELIMINARY GRADING PLAN LATEST REVISION: PG - PREPARED BY: DEVELOPER: Red Tail Multifamily Dev. Co. IRVINE, CA 92612 PH: 415-249-6194 Contact: RON WU, DIRECTOR, DEVELOPMENT 2082 MICHELSON DRIVE, 3rd. Floor MDS CONSULTING 8/05/25 TECHNICAL SITE PLAN MAY 23, 2025 AUG. 05, 2025 OWNER: SUNIA INVESTMENTS, LLC P L A N N E R S E N G I N E E R S S U R V E Y O R S (760) 674-5776 41-865 BOARDWALK SUITE 218 PALM DESERT, CA 92211 WWW.MDSCONSULTING.NET PUESTA DEL SOLVIRGINIA ROAD SAN RAFAEL DRIVE PAD = 623.3 FF = 624.00 PAD = 622.8 FF = 623.50 PAD = 623.8 FF = 624.50 PAD = 614.3 FF = 615.00 PAD = 613.8 FF = 614.50 PAD = 613.3 FF = 614.00 FF = 620.00 PAD = 619.3 FF = 619.50 PAD = 618.8 FF = 620.50 PAD = 619.8 BUILDING 1 BUILDING 2 BUILDING 3SECTION D-D D D A A BUILDING 1SECTION A-A B B BUILDING 2 SECTION B-B BUILDING 3SECTION C-C C C BUILDING 3 E E SECTION E-E 2 A – Page 435 of 696
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S. PARCEL
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48"
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305 W. SAN RAFAEL
HERMANN DESIGN GROUP, INC.77899 WOLF ROAD, SUITE 102, PALM DESERT CA 92211 HDG-INC.COM 305 W. SAN RAFAEL PALM SPRINGS, CA PRELIMINARY DESIGN L1.0 PRELIMINARY DESIGN
SCALE: 1"=30'
L1.0
A – Page 436 of 696
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HERMANN DESIGN GROUP, INC.77899 WOLF ROAD, SUITE 102, PALM DESERT CA 92211 HDG-INC.COM 305 W. SAN RAFAEL PALM SPRINGS, CA PRELIMINARY DESIGN-BLOW UP 'B' L1.2 BLOW-UP 'B'
SCALE: 1"=20'
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CB CB
CB CB ABC 305 W. SAN RAFAEL
HERMANN DESIGN GROUP, INC.77899 WOLF ROAD, SUITE 102, PALM DESERT CA 92211 HDG-INC.COM 305 W. SAN RAFAEL PALM SPRINGS, CA PRELIMINARY DESIGN-BLOW UP 'C' L1.3 BLOW-UP 'C'
SCALE: 1"=20'
L1.3
A – Page 439 of 696
305 W. SAN RAFAEL
HERMANN DESIGN GROUP, INC.77899 WOLF ROAD, SUITE 102, PALM DESERT CA 92211 HDG-INC.COM 305 W. SAN RAFAEL PALM SPRINGS, CA PRELIMINARY DESIGN-AMENITIES L1.4-AMENITIES
SCALE: N.T.S.
L1.4
SHADE SAIL
SITE FENCE DOG PARK FENCE
BBQ TRASH/RECYCLE COMBO
A – Page 440 of 696
305 W. SAN RAFAEL
HERMANN DESIGN GROUP, INC.77899 WOLF ROAD, SUITE 102, PALM DESERT CA 92211 HDG-INC.COM 305 W. SAN RAFAEL PALM SPRINGS, CA PRELIMINARY DESIGN-PLAYGROUND L1.5-PLAYGROUND
SCALE: N.T.S.
L1.5
PLAYGROUND 2-12 YEAR OLD
PLAYGROUND 2-12 YEAR OLD
FITNESS 13-17 YEAR OLD
A – Page 441 of 696
JOB NO.
DATE
A14
2025-0353
06-17-2025
305 W. SAN RAFAEL
PALM SPRINGS, CA
CONCEPTUAL ELEVATIONS - NORTH SOUTH
1/8”=1’-0”
0 8’ 16’ 24’ 32’
40'-6"
10'-1"
LEVEL 1
(+0'-0")
LEVEL 2
(+10'-1")
LEVEL 3
(+20'-2")
ROOF
(+31'-3")
10'-1" 11'-1"
MAX. HEIGHT
10'-1"
40'-6"
MAX. HEIGHT
LEVEL 1
(+0'-0")
LEVEL 2
(+10'-1")
LEVEL 3
(+20'-2")
ROOF
(+31'-3")
10'-1" 11'-1"
CONCEPTUAL ELEVATIONS A3.0
0 8' 16' 24' 32'
1"=8'
2 4 4
2 SOUTH ELEVATION 1
NORTH
PALM SPRINGS, CA 08-04-2025
2025-0353
DATE
JOB NO.
305 W. SAN RAFAEL
.\The Previti Group_Logo.png
1 NORTH ELEVATION
VIRGINIA RD.
SAN RAFAEL DR.
A – Page 442 of 696
JOB NO.
DATE
A15
Date 11-03-2023
Job No.
Scale
2022-776
Date
Job No.
Scale
A-20
NORTH
1" = 30'
BUILDING PLAN
0 30' 60' 90' 120' 11-06-2023
2025-0353
06-17-2025
305 W. SAN RAFAEL
PALM SPRINGS, CA
1/8”=1’-0”
0 8’ 16’ 24’ 32’
CONCEPTUAL ELEVATIONS - EAST WEST
40'-6"
MAX. HEIGHT
10'-1"
LEVEL 1
(+0'-0")
LEVEL 2
(+10'-1")
LEVEL 3
(+20'-2")
ROOF
(+31'-3")
10'-1" 11'-1"
40'-6"
10'-1"
LEVEL 1
(+0'-0")
LEVEL 2
(+10'-1")
LEVEL 3
(+20'-2")
ROOF
(+31'-3")
10'-1" 11'-1"
MAX. HEIGHT
CONCEPTUAL ELEVATIONS A3.0
0 8' 16' 24' 32'
1"=8'
2 3 4
4 EAST ELEVATION 1
NORTH
PALM SPRINGS, CA 08-04-2025
2025-0353
DATE
JOB NO.
305 W. SAN RAFAEL
.\The Previti Group_Logo.png
3 WEST ELEVATION
VIRGINIA RD.
SAN RAFAEL DR.
A – Page 443 of 696
JOB NO.
DATE
A18
2025-0353
06-17-2025
305 W. SAN RAFAEL
PALM SPRINGS, CA
COLOR & MATERIAL BOARD
1” = 4’
0 4’ 8’ 12’ 16’
A1
4. FABRICATED METAL RAILINGS
TO MATCH PAINT SPEC F
3. ALUMINUM STOREFRONT SYSTEM
DARK BRONZE
2. RECESSED VINYL WINDOWS
WHITE
5. METAL LOUVERED AWNINGS
TO MATCH PAINT SPEC F
10. METAL CLADDED COLUMNS
TO MATCH PAINT SPEC A
9. ARCHITECTURAL OVERHANGS
SMOOTH STUCCO
TO MATCH PAINT SPECS A & F
8. PORCELAIN TILE
WOOD LOOK - PINE
7. ARCHITECTURAL FOAM TRIMS
SIZES AND SHAPES WILL VARY
TO MATCH PAINT SPECS
6. DECORATIVE WOOD/METAL
BATTENS
TO MATCH PAINT SPEC D
1. STUCCO 20/30 SAND FINISH
TO MATCH PAINT SPECS
JOB NO.
DATE
A1 COLOR AND MATERIAL BOARD
2025-0353
08-15-2025
305 W. SAN RAFAEL
PALM SPRINGSCA
E. SW 7510 CHATEAU BROWN F. SW 7069 IRON ORE
C. SW 6005 FOLKSTONE D. SW 6082 COBBLE BROWN
A. SW 7064 PASSIVE B. SW 2849 WESTCHESTER GRAY
PARTIAL SOUTH ELEVATION PARTIAL NORTH ELEVATION
A B 10
1 1
E 5
1 3 C A 6 B C 5 A 8 8 F B 4 F A A 8 2 E F F 8 F A F
1 1 1 1 1 7 1 9 9 1 1 7 7 7 1 7
A – Page 444 of 696
JOB NO.
DATE
A8
2025-0353
06-17-2025
305 W. SAN RAFAEL
PALM SPRINGS, CA Date 11-03-2023
Job No.
Scale
2022-776
Date
Job No.
Scale
A-20
NORTH
1" = 30'
BUILDING PLAN
0 30' 60' 90' 120' 11-06-2023
1” = 8’
0 8’ 16’ 24’ 32’
BUILDING A COMPOSITE PLAN - LEVEL ONE
1ST FLOOR
C1
C1
A1
B1
A1
A1
B1
B1
A1
B1
C1
C1 UTIL.
UTIL.
BUILDING TYPE A
0 8' 16' 24' 32'
1"=8'
PALM SPRINGS, CA 08-04-2025
2025-0353
DATE
JOB NO.
305 W. SAN RAFAEL A2
LEGEND
RESIDENTIAL
LEASING & AMENITIES
A – Page 445 of 696
JOB NO.
DATE
A9
2025-0353
06-17-2025
305 W. SAN RAFAEL
PALM SPRINGS, CA Date 11-03-2023
Job No.
Scale
2022-776
Date
Job No.
Scale
A-20
NORTH
1" = 30'
BUILDING PLAN
0 30' 60' 90' 120' 11-06-2023
1” = 8’
0 8’ 16’ 24’ 32’
BUILDING A COMPOSITE PLAN - LEVEL TWO
2ND FLOOR
C1
C1
A1
B1
A1
A1
B1
B1
A1
B1
C1
C1
BUILDING TYPE A
0 8' 16' 24' 32'
1"=8'
PALM SPRINGS, CA 08-04-2025
2025-0353
DATE
JOB NO.
305 W. SAN RAFAEL A2
LEGEND
RESIDENTIAL
LEASING & AMENITIES
A – Page 446 of 696
JOB NO.
DATE
A10
2025-0353
06-17-2025
305 W. SAN RAFAEL
PALM SPRINGS, CA Date 11-03-2023
Job No.
Scale
2022-776
Date
Job No.
Scale
A-20
NORTH
1" = 30'
BUILDING PLAN
0 30' 60' 90' 120' 11-06-2023
1” = 8’
0 8’ 16’ 24’ 32’
BUILDING A COMPOSITE PLAN - LEVEL THREE
3RD FLOOR
C1 B1 A1 B1
ROOF BELOW
ROOF BELOW ROOF BELOW
BUILDING TYPE A
0 8' 16' 24' 32'
1"=8'
PALM SPRINGS, CA 08-04-2025
2025-0353
DATE
JOB NO.
305 W. SAN RAFAEL A2
LEGEND
RESIDENTIAL
LEASING & AMENITIES
A – Page 447 of 696
JOB NO.
DATE
A13
2025-0353
06-17-2025
305 W. SAN RAFAEL
PALM SPRINGS, CA Date 11-03-2023
Job No.
Scale
2022-776
Date
Job No.
Scale
A-20
NORTH
1" = 30'
BUILDING PLAN
0 30' 60' 90' 120' 11-06-2023
1” = 8’
0 8’ 16’ 24’ 32’
BUILDING A - ALT COMPOSITE PLAN - LEVEL THREE BUILDING TYPE A-ALT 0 8' 16' 24' 32'
1"=8'
PALM SPRINGS, CA 08-04-2025
2025-0353
DATE
JOB NO.
305 W. SAN RAFAEL A2.1
LEGEND
RESIDENTIAL
LEASING & AMENITIES
A – Page 448 of 696
JOB NO.
DATE
A11
2025-0353
06-17-2025
305 W. SAN RAFAEL
PALM SPRINGS, CA Date 11-03-2023
Job No.
Scale
2022-776
Date
Job No.
Scale
A-20
NORTH
1" = 30'
BUILDING PLAN
0 30' 60' 90' 120' 11-06-2023
1” = 8’
0 8’ 16’ 24’ 32’
BUILDING A - ALT COMPOSITE PLAN - LEVEL ONE
1ST FLOOR
LEASING
LOUNGE
COMMUNITY
ROOM
A1
B1
A1
A1
B1
B1
A1
B1
C1
C1
OFFICE
MAIL
PARCEL
MECH
OFFICE
BATHROOM
DESK WITH LOW WALL
LOW WALL UP TO 48" PER ELEVATION
KICHENETTE UTIL.
UTIL.
COMMUNITY ROOM
1,160 GSF
LEASING LOUNGE
403 GSF
BUILDING TYPE A-ALT
0 8' 16' 24' 32'
1"=8'
PALM SPRINGS, CA 08-04-2025
2025-0353
DATE
JOB NO.
305 W. SAN RAFAEL A2.1
LEGEND
RESIDENTIAL
LEASING & AMENITIES
A – Page 449 of 696
JOB NO.
DATE
A12
2025-0353
06-17-2025
305 W. SAN RAFAEL
PALM SPRINGS, CA Date 11-03-2023
Job No.
Scale
2022-776
Date
Job No.
Scale
A-20
NORTH
1" = 30'
BUILDING PLAN
0 30' 60' 90' 120' 11-06-2023
1” = 8’
0 8’ 16’ 24’ 32’
BUILDING A - ALT COMPOSITE PLAN - LEVEL TWO BUILDING TYPE A-ALT 0 8' 16' 24' 32'
1"=8'
PALM SPRINGS, CA 08-04-2025
2025-0353
DATE
JOB NO.
305 W. SAN RAFAEL A2.1
LEGEND
RESIDENTIAL
LEASING & AMENITIES
A – Page 450 of 696
JOB NO.
DATE
A16
2025-0353
06-17-2025
305 W. SAN RAFAEL
PALM SPRINGS, CA
UNIT PLANS
1/4”=1’-0”
0 4’ 8’ 12’ 16’
L
36" TUB
CB
DW
CB
W/D
24'-0"
30'-10"
UNIT A1: 1BR|1BA
LIVABLE AREA: 674 SQ. FT.
BALCONY AREA: 58 SQ. FT.
BALCONY
11'-3" X 5'-2"
LIVING
11'-6" X 14'-3"
BEDROOM
11'-6" X 11'-7"
REF
P
BATH
ENTRY
KITCHEN
W.I.C.
COATS
UNIT B1: 2BR|2BA
LIVABLE AREA: 948 SQ. FT.
BALCONY AREA: 54 SQ. FT.
33'-8"
30'-10"
BALCONY
10'-6" X 5'-2"
LIVING / DINING
11'-4" X 20'-2"
BEDROOM 2
10'-4" X 11'-0"
36" TUB
CB
DW
CB
M. BEDROOM
10'-8" X 12'-0"
REF
P
KITCHEN
36" TUB
M. BATH
BATH 2
ENTRY
W/D
COATS
W.I.C
W.I.C
L
36" TUB
BATH 2
36" TUB
W/D
BEDROOM 2
11'-11" X 11'-0"
SH
M. BATH
W.I.C.
BEDROOM 3
11'-11" X 11'-0"
M. BEDROOM
11'-7" X 11'-5"
BALCONY
11'-4" X 5'-2"
30'-10"
39'-0"
REF
P
LIVING
11'-8" X 13'-0"
ENTRY
UNIT C1: 3BR|2BA
LIVABLE AREA: 1091 SQ. FT.
BALCONY AREA: 60 SQ. FT.
DW
KITCHEN
CB CB
DINING
COATS
UNIT PLANS
0 4' 8' 12' 16'
1"=4'
A16
PALM SPRINGS, CA 08-04-2025
2025-0353
DATE
JOB NO.
305 W. SAN RAFAEL
A – Page 451 of 696
JOB NO.
DATE
A17
2025-0353
06-17-2025
305 W. SAN RAFAEL
PALM SPRINGS, CA
TRASH ENCLOSURES
1” = 4’
0 4’ 8’ 12’ 16’
STEEL POST- PAINTED
TO MATCH BUILDING COLOR
ROOF ABOVE
STEEL POST- PAINTED
TO MATCH BUILDING COLOR
ROOF ABOVE
PARKING
STALL
PARKING
STALL
36'-0"
9'-0" 9'-0" 9'-0" 9'-0"
18'-0"
PARKING
STALL
PARKING
STALL
PARKING
STALL
PARKING
STALL
PARKING
STALL
PARKING
STALL
54'-0"
9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0"
18'-0"
CURB CURB
19'-0"
8'-2" MIN. AT
ACCESSIBLE CARPORTS
(WHERE NOTED ON SITE)
CURB
2'-0"
7'-0"
TYPICAL
FIELD VERIFY (12'-0" MAX.)
7'-0"
TYPICAL
NOTES:
1. SHOP DRAWINGS AND CALCULATIONS REQUIRED
TO BE DRAWN AND SEALED BY A REGISTERED
STRUCTURAL ENGINEER.
2. CARPORT UNDER SEPARATE PERMIT AND REVIEW.
-DETAIL FOR REFERENCE ONLY.
3. PAINT TO MATCH APARTMENT BUILDING COLOR
INCLUDING THE UNDERSIDE OF THE ROOF.
18'-0"
FRONT ELEVATION REAR-SIM.
STEEL POST
PAINTED
8'-2" MIN. AT
ACCESSIBLE CARPORTS
(WHERE NOTED ON SITE)
METAL FASCIA
9'-0" 9'-0" 9'-0"
FIELD VERIFY (12'-0" MAX.)
METAL ROOFING
NOTE:
PAINT ALL EXPOSED ELEMENTS
TO MATCH BUILDING COLOR
SIDE ELEVATION
NOTE: CARPORT SHOWN FOR DESIGN CONCEPT ONLY. PLANS, AND DETAILS BY MANUFACTURER REQUIRE SEPARATE SUBMITTAL AND REVIEW FOR BUILDING PERMITS.
SPECIFICATION - VERIFY
CONCRETE FOOTING PER MFGR
PAVING
STEEL CARPORT STRUCT
FRAMING - MFGR TO PROVIDE
ENGINEERED SHOP DRAWINGS
SUBJECT TO CITY APPROVAL
METAL ROOFING
METAL FASCIA
fda
DRIVE
WAY
NOTE:
PAINT ALL EXPOSED ELEMENTS
TO MATCH BUILDING COLOR
9'-0"
18'-0"
9'-0"
8'-0"
PARKING
9'-0"
18'-0"
PARKING PARKING PARKING
5'-0"
MIN CLEAR
TYP FOR
HC ACCESS
17'-0"
TS 4X4 POST
TYP. OF 6
8" 5'-7" 5'-10"
18'-4"
5'-7" 8"
7'-7" 3'-0" 7'-9"
18'-4"
4 CU. YD.
BIN BY EDCO
8' CONCRETE APRON PER EDCO
VERIFY LENGTH WITH CIVIL
8'-2" 8'-2"
4 CU. YD.
BIN BY EDCO
4 CU. YD.
BIN BY EDCO
4 CU. YD.
BIN BY EDCO
1'-6"
TYP.
1'-2"
TYP.
SLOPE 2%
MIN
6'-0"
METAL ROOF
ABOVE
7'-6"
METAL
PAINTED GATE
STUCCO WALL,
COLOR TO MATCH EXISTING
RESIDENTIAL BUILIDNG
6'-0"
7'-6"
METAL
PAINTED GATE
4"x4"x1/4" TUBE STEEL EMBEDDED
INTO CONC. FOOTING. OF CMU
WALL, REFER TO STRUCTURAL
DRAWINGS.
GATE HINGE-WELD TO FRAME
AND TUBE
1/4" THICK PLATE STEEL PLATE
2" x 4" x 1/4" ANGLE FRAME @ 4
SIDES OF GATE WELD ALL
CONNECTIONS SHOP PRIME &
PAINTED
1/2" DIA. DIAGONAL SWAY ROD W/
TURNBUCKLE-WELD TO GATE
FRAME
CORRUGATED STEEL PANEL
ALIGN
1 15/32"
8" STUCCO WALL W/ EXTERIOR
PLASTER FINISH
STANDARD CARPORT ELEVATIONS
STANDARD HANDICAP CARPORT PLAN STANDARD CARPORT PLAN
STANDARD HANDICAP PARKING PLAN
TRASH ENCLOSURE TYPICAL PLAN
STANDARD PARKING PLAN
TRASH ENCLOSURE TYPICAL ELEVATIONS
FRONT
REAR
LEFT/RIGHT
PALM SPRINGS, CA 08-04-2025
2025-0353
DATE
JOB NO.
305 W. SAN RAFAEL PARKING, CARPORT, & TRASH ENCLOSURE DETAIL A6.0
TRASH ENCLOSURE GATE DETAIL
A – Page 452 of 696
CITY COUNCIL STAFF REPORT
DATE: JANUARY 14, 2026 PUBLIC HEARING
SUBJECT: A REQUEST BY THE CITY OF PALM SPRINGS FOR ADOPTION OF AND
SECOND READING OF A PROPOSED ORDINANCE ADOPTING AND
AMENDING THE 2025 CALIFORNIA BUILDING STANDARDS CODE
(TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS), THE 2025 CALIFORNIA RESIDENTIAL CODE, THE 2025 CALIFORNIA
MECHANICAL CODE, THE 2025 CALIFORNIA FIRE CODE, THE 2025 CALIFORNIA PLUMBING CODE, THE 2025 CALIFORNIA EXISTING
BUILDING CODE, THE 2025 CALIFORNIA HISTORICAL BUILDING
CODE, THE 2025 CALIFORNIA ELECTRICAL CODE, THE 2025
WILDLAND-URBAN INTERFACE CODE, THE 2025 CALIFORNIA
ENERGY CODE, THE 2025 CALIFORNIA GREEN BUILDING
STANDARDS CODE, 2025 CALIFORNIA MECHANICAL CODE, THE 2025 CALIFORNIA ELECTRICAL CODE, THE 2025 CALIFORNIA GREEN
BUILDING STANDARDS CODE, AND ADOPTING THE 2024
INTERNATIONAL PROPERTY MAINTENANCE CODE.
FROM: Scott C. Stiles, City Manager
BY: Building and Safety
Fire Department
SUMMARY:
This is a request for adoption and second reading of a regular ordinance to adopt the newest edition (2025) of the California Building Standards Code (CBSC) with local amendments. Local amendments may be adopted by municipalities due to unique local climatic, geological, or topographical conditions. The City Council approved the draft ordinance at first reading on December 10, 2025.
RECOMMENDATION:
1. Open the public hearing and receive public testimony;
2. Waive the second reading of the Ordinance text in its entirety and adopt Ordinance No. 2120, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING ARTICLE I OF CHAPTER 8.04 OF THE PALM
SPRINGS MUNICIPAL CODE, ADOPTING BY REFERENCE, TOGETHER WITH CERTAIN ADDITIONS, AMENDMENTS AND DELETIONS, THE 2025 CALIFORNIA
B – Page 453 of 696
City Council Staff Report
January 14, 2026 -- Page 2
2025 California Building Standards Codes Adoption
BUILDING CODE, INCLUDING CHAPTER 1, APPENDICES C, I, AND J; THE 2025 CALIFORNIA RESIDENTIAL CODE, INCLUDING APPENDIX AH; THE 2025 CALIFORNIA MECHANICAL CODE; THE 2025 CALIFORNIA FIRE CODE, INCLUDING APPENDIX B; THE 2025 CALIFORNIA PLUMBING CODE, INCLUDING APPENDICES A, B, D, G, H, I AND K; THE 2025 CALIFORNIA EXISTING BUILDING CODE; THE 2025 CALIFORNIA HISTORICAL BUILDING CODE, INCLUDING APPENDIX A; THE 2025 CALIFORNIA ELECTRICAL CODE, INCLUDING ALL APPENDICES; THE 2025 WILDLAND-URBAN INTERFACE CODE, INCLUDING ALL APPENDICES; THE 2025 CALIFORNIA ENERGY CODE, INCLUDING ALL APPENDICES; THE 2025 CALIFORNIA GREEN BUILDING STANDARDS CODE; AND THE 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE, INCLUDING
ALL APPENDICES AS MANDATED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 18938 AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.”
BACKGROUND:
Every three years, the California Building Standards Commission updates the California Building Standards Code. This Code sets the minimum design and construction standards for buildings and structures statewide. The new 2025 Code will become effective on January 1, 2026. Cities and counties may adopt more restrictive standards (known as “local amendments”) when justified by local climatic, geological, or topographical conditions. The City of Palm Springs has adopted such amendments in the previous cycles, most recently in January 2023. If the City does not adopt its own amendments, the statewide standards as written will automatically apply.
The State’s Health and Safety Code requires local governments to adopt the most recent editions of the California Building Standards Codes (Title 24) related to building standards for specific types of buildings, building equipment, and features. The most recent edition for 2025 to be effective January 1, 2026, includes:
• 2025 California Administrative Code
• 2025 California Fire Code
• 2025 California Wildland-Urban Interface Code
• 2025 California Referenced Standards Code
• 2025 California Building Code
• 2025 California Residential Code
• 2025 California Plumbing Code
• 2025 California Mechanical Code
• 2025 California Electrical Code
• 2025 California Green Building Standards Code
• 2025 California Energy Code
• 2025 California Existing Building Code
• 2025 California Historical Building Code
B – Page 454 of 696
City Council Staff Report
January 14, 2026 -- Page 3
2025 California Building Standards Codes Adoption
In past code cycles, the City Council has also adopted the International Property Maintenance Code, which is recommended to be adopted and continued in effect. The most current edition of the International Property Maintenance Code that the City may adopt in this cycle is the 2024 edition. Together, these codes constitute the City’s Building Codes.
At each triennial adoption of the codes, the City evaluates the Building Codes to determine whether local conditions require adoption amendments to, or deletion of, certain Building and Fire Code sections, or adoption of new Building and Fire Code sections to address standards that are distinctly applicable to Palm Springs.
Consideration of the 2025 California Building Standards Codes is required to ensure that by January 1, 2026, when the state-mandated implementation of these Codes occurs, the City Council has adopted any changes necessary due to local climatic, geologic, or topographic conditions. An ordinance has been prepared to adopt the 2025 codes with the local amendments identified, along with certain Findings of Fact to allow for the City’s adoption of the local amendments. No findings are necessary to enact local or criminal procedures and remedies available for enforcing code violations, provided they do not establish building standards.
With the adoption of 2025 California Building Standards Codes, staff is recommending that the local amendments adopted with the 2022 California Building Standards Codes be carried forward and adopted as part of the 2025 California Building Standards Codes, with certain further amendments or deletions as noted herein.
STAFF ANALYSIS:
The Building Official and the Fire Chief recommend that the City Council adopt the 2025 California Building Standards Codes (CBSC) with certain recommended changes and modifications. These changes and modifications are necessary due to the local conditions in the City of Palm Springs, which include high winds, extreme temperatures, and the city’s physical proximity to known active earthquake faults. Staff recommends these local amendments be adopted by City Council to ensure safe construction practices in light of these unique conditions that exist within the City of Palm Springs. Express findings for local amendments to the California Building Standards Codes are included in the Ordinances recommended for City Council’s consideration.
As the CBSC became effective on January 1, 2026, it was necessary for the City Council to adopt an urgency ordinance with immediate effect in order for the City’s local amendments to also take effect on that date. The urgency ordinance was presented at the City Council meeting of December 10, 2025, and was approved by a vote of 5 to 0.
The urgency ordinance took effect immediately, thereby preserving the City’s right to enforce local amendments. Adoption of the regular ordinance is necessary prior to the expiration of the urgency ordinance.
Relative to the proposed local amendments, the following tables identify where new or
B – Page 455 of 696
City Council Staff Report
January 14, 2026 -- Page 4
2025 California Building Standards Codes Adoption
deleted local amendments to the CBSC are recommended, along with a general purpose statement describing the reason for the amendment. Local amendments previously adopted for the 2022 Codes and recommended for re-adoption to be carried forward as amendments to the 2025 Codes are not identified.
2025 BUILDING CODE AMENDMENTS
SECTION NEW DELETED PURPOSE
113.1 *
Amends the code to reference the
Building Code Board of Appeals,
which was established by the City
Council via Ordinance 2019 in
February 2025.
2025 FIRE CODE AMENDMENTS
SECTION NEW DELETED PURPOSE
104.1 *
Electronic submittal of Fire Protection
System Reports
202 *
To align with Citygate strategic
planning
New Fire Code Regulations Electronic Submittal of Fire Protection System Reports To improve public safety and streamline fire code compliance, the Palm Springs Fire Department will require electronic submittal of inspection, testing, and maintenance (ITM) reports for fire protection and life safety systems, as authorized by California Fire Code Section 104.1.1.
The City will utilize The Compliance Engine (TCE), operated by Brycer LLC, to manage these reports. This system allows the Fire Department to track system performance, identify deficiencies, and ensure timely repairs.
This requirement applies to:
• Fire sprinklers, alarms, standpipes, pumps
• Commercial kitchen hood systems
• Special hazard systems
• Emergency power generators
Licensed contractors must:
• Register with TCE
• Submit ITM reports within 30 days of service
• Submit correction reports when deficiencies are resolved A nominal fee of $20 may be passed on to business owners by the contractor to cover costs of uploading reports. Noncompliance may result in enforcement per the California
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City Council Staff Report
January 14, 2026 -- Page 5
2025 California Building Standards Codes Adoption
Fire Code. This policy enhances code enforcement and supports the City's commitment to public safety. Staff recommends this change for the following reasons:
• Ensures that fire protection systems are maintained.
• Improves public safety through timely tracking and correction of deficiencies. • Strengthens code compliance with consistent, centralized reporting. • Increases efficiency by reducing paperwork and streamlining oversight. • Enhances accountability from contractors through required electronic submissions.
• Aligns with industry best practices adopted by other jurisdictions.
As noted, the attached Ordinance has been prepared to officially adopt the state Fire Codes with local amendments as recommended. Included with this Ordinance is reference to and previously adopted Appendices of the following documents:
• Palm Springs Fire Department 5:00 – Minute First Due Engine Travel Time (to be adopted as Appendix P, see Attachment C)
• Palm Springs Fire Hazard Severity Zones Map in LRA As Recommended by Cal Fire (to be adopted as Appendix Q, see Attachment D)
• Vegetation Management in Fire Hazard Severity Zones (to be adopted as Appendix S, see Attachment E)
• Palm Springs Fire Department Development Requirements (to be adopted as Appendix T, see Attachment F)
ENVIRONMENTAL ASSESSMENT:
Staff has determined and recommends that the City Council find that the amendments to the Municipal Code, made pursuant to these Ordinances, are exempt from the California Environmental Quality Act (“CEQA”) because they do not constitute a project within the meaning of CEQA Section 15378. The amendments herein have no potential for resulting in physical changes to the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that these Ordinances are nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. These amendments do not allow any new activities, but merely adopt updated language. The City Clerk shall be the custodian of record for the documentation supporting this action. Staff is hereby directed to file a Notice of Exemption within five (5) days of the adoption of these Ordinances.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with the following City Council Strategic Plan Foundation: Public Safety and Community Services.
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City Council Staff Report
January 14, 2026 -- Page 5
2025 California Building Standards Codes Adoption
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City Council Staff Report
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2025 California Building Standards Codes Adoption
FISCAL IMPACT:
The cost for adopting and enforcing the updated codes and providing staff training has been included in the annual budgets for the Building & Safety Department and the Fire Department.
REVIEWED BY:
Department Director – Building: Dana MacAllister
Department Director – Fire: Paul Alvarado, Fire Chief
Assistant City Manager: Flinn Fagg
City Attorney: Jeffrey S. Ballinger
City Manager: Scott Stiles
ATTACHMENTS:
A. 2025 Building Standards Code Adoption Ordinance
B. 2025 Fire Code Appendix P
C. 2025 Fire Code Appendix Q
D. 2025 Fire Code Appendix S
E. 2025 Fire Code Appendix T
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ATTACHMENT A
Draft Ordinance
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ORDINANCE NO. _____.
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING AND RESTATING ARTICLE I OF CHAPTER 8.04 OF
THE PALM SPRINGS MUNICIPAL CODE, ADOPTING BY
REFERENCE, TOGETHER WITH CERTAIN ADDITIONS,
AMENDMENTS AND DELETIONS, THE 2025 CALIFORNIA
BUILDING CODE, INCLUDING CHAPTER 1, APPENDICES C, I,
AND J; THE 2025 CALIFORNIA RESIDENTIAL CODE, INCLUDING
APPENDIX AH; THE 2025 CALIFORNIA MECHANICAL CODE;
THE 2025 CALIFORNIA FIRE CODE, INCLUDING APPENDIX B;
THE 2025 CALIFORNIA PLUMBING CODE, INCLUDING
APPENDICES A, B, D, G, H, I AND K; THE 2025 CALIFORNIA
EXISTING BUILDING CODE; THE 2025 CALIFORNIA
HISTORICAL BUILDING CODE, INCLUDING APPENDIX A; THE
2025 CALIFORNIA ELECTRICAL CODE, INCLUDING ALL
APPENDICES; THE 2025 WILDLAND-URBAN INTERFACE CODE,
INCLUDING ALL APPENDICES; THE 2025 CALIFORNIA ENERGY
CODE, INCLUDING ALL APPENDICES; THE 2025 CALIFORNIA
GREEN BUILDING STANDARDS CODE; AND THE 2024
INTERNATIONAL PROPERTY MAINTENANCE CODE,
INCLUDING ALL APPENDICES AS MANDATED BY CALIFORNIA
HEALTH AND SAFETY CODE SECTION 18938 AND
DETERMINING THE ORDINANCE TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
CITY ATTORNEY SUMMARY
This Ordinance adopts and amends the 2025 Building Standards Code, Title 24 California Code of Regulations, which includes the California Building, Residential, Fire, Mechanical, Plumbing, Existing Building, Historical Building, Electrical, Wildland-Urban Interface, Energy, and the Green Building Standards Codes (Parts 2, 2.5, 4, 5, 7, 9, 10, 8, 3, 6 and 11 respectively). In addition, this Ordinance adopts the 2024 International Property Maintenance Code, and adds Appendices P (Palm Springs Fire Department Five-Minute First Due Engine Time Map), Q (Palm Springs Fire Hazard Severity Zones Map in LRA As Recommended by Cal Fire), S (Vegetation
Management in Fire Hazard Severity Zones Map), and T (Palm Springs Fire Department Development Requirements) to the California Fire Code.
WHEREAS, pursuant to Government Code section 50022.1 et seq., the City of Palm Springs (“City”) may adopt by reference the California Building Standards
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Ordinance No. ____