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ATTACHMENT C - Appeal Letter

Palm Springs City Council
January 14, 2026

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ATTACHMENT C - Appeal Letter
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January 14, 2026
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ATTACHMENT C

Letter from Appellants

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 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 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 ● 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 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 ● 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 ● 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 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

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

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

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.

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:
• 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.

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.

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 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

● 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.

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.

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.

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.

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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