Agenda packet — Palm Springs City Council, January 28, 2026 (part 4 of 4)

January 28, 2026

765 Via Vadera was specifically designed for the Fallows -Cone in the Late Modern style.

According to the permit history, additions to the home were added in the 80s and 90s but designed to try and relate to the original design. The following is an analysis of the criterion and integrity findings for historic designation.

(Criterion i) The resource is associated with events that have made a meaningful contribution to the nation, state, or community;

No information was found indicating any significant events occurred on this site. The site does not qualify under criterion i.

(Criterion ii) The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history;

The Fallows lived in the home for 4 years, then sold the property to the Cone family in 1975 who lived in the home for the next 46 years before selling it to the current owners. Dr. Lawrence Cone was an esteemed researcher and acclaimed local practitioner that was Board Certified in Internal Medicine with subspecialities in Oncology, Immunology and Infectious Diseases. His many contributions include early AIDS research and treatment efforts. Locally, he is recognized for his compassionate service in his professional role. Based on the information in the report, HSPB finds criterion ii is met.

(Criterion iii) The resource reflects or exemplifies a particular period of national, state, or local history;

During this time, thick and heavy geometric forms were used in response to the energy crisis of the 1970s.

Additionally, Palm Springs began to experience a shift in its cultural identity with the emerging LGBTQ community. The Fallows -Cone Residence was designed and constructed during this period in Palm Springs history. City Council finds criterion iii is met.

(Criterion iv) The resource embodies the distinctive characteristics of a type, period, or method of construction;

Palm Springs evaluates criterion iv as a distinctive characteristic associated with construction type, construction period, and construction methods. This residential home appears to have been constructed with conventional methods and materials. Criterion iv is not met.

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(Criterion v) The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value;

According to the historic resources report, this home was local architect Tom Jakway’s first residential commission. While Jakeway received his architectural training through the local design programs, worked with many prominent architects, and i s an active member of the community, the research provided does not support criteria v.

(Criterion vi) The resource represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists; or

The resource is not within a historic district and does not qualify under Criterion vi.

(Criterion vii) The resource has yielded or may be likely to yield information important to national, state or local history or prehistory.

No information has been provided on any pre-historic significance of the site.

SECTION 2: PART “B” ANALYSIS OF HISTORIC INTEGRITY.

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

The report provides an evaluation of the site relative to the seven aspects or qualities of historic integrity, as recognized by the National Register of Historic Places. The seven aspects or qualities include location, design, setting, materials, workmanship, feeling, and association. The report concludes that the site retains a high degree of integrity and is further analyzed below:

1. Location:

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

2. Design:

The design of this home uses simple, yet bold geometric volumes and deeply recessed openings at the front entry and rear porch feature. The lines on the building and the overhangs utilize a consistent scale, and exterior surfaces are smooth and flush with little to no applied ornamentation. Landscape design is used to soften any harsh edges while bringing the natural desert environment into the design. The later additions try to be sympathetic to these pre-existing design principles. The integrity of design is respected.

3. Setting:

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The natural landscape beyond the single- family subdivision has a visual presence. When this home was completed in 1972, the Vista Las Palmas neighborhood was nearly complete and remains in that condition. The integrity of setting is intact.

4. Materials:

The exterior of the home has smooth stucco walls, wood, glass and Fleetwood windows and doors. The materials remain consistent with the original design.

5. Workmanship:

The exterior details are clean, simple, and well -maintained. The edges of the stucco walls are crisp, and the smooth operation of the sliders and windows indicate good workmanship and constant maintenance.

6. Feeling:

The single-family home is in a residential neighborhood with homes of similar scale. The integrity of feeling remains intact.

7. Association:

The property is associated with the Desert Modernist movement and the Late Modern style as defined in the context statement for Palm Springs. The integrity of association remains visible.

SECTION 3: DEFINING HISTORIC CHARACTERISTICS

In considering a recommendation for historic resource designation it is important to distinguish those physical elements that are original or from the period of significance that contribute to the resource’s historic significance from alterations, additions or features that were added at a later time that may be sympathetic to the original character, but which may create a false sense of historicity. Distinguishing original character-defining features from non-original elements aids the HSPB when it is tasked with evaluating future alterations to the historic resource.

The following is a list of character-defining features identified by the City Council:

Character-defining features of the resource are as follows:
• Site design.
• Circular driveway.
• Main entry soffit penetrations.
• Recessed front entrance with deep rectilinear overhangs. • Original horizontal fascia.
• Large overhangs surrounding the perimeter of the home. • Flat roof, one-story structure.
• Walls of glass; large, fixed panels, sliding glass doors, frameless clerestory windows. • Original black anodized aluminum Fleetwood doors and windows.

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• Pecky cypress wood wall panels (interior).
• Original travertine sunken bathroom in master suite (interior). • Original atrium in master suite.
• Original footprint of the home, without future additions. • Interior ceiling soffits with uplighting (interior).
• Marble clad fireplace in living room (interior).
• Swimming pool.
• Interior skylights.
• Prominent main entry with full height double doors. (Board and batten detail is not original.)

Non-contributing elements:
• Bar area addition off dining room (1989)
• Morning room addition on east side of home
• Replacement pavers for driveway
• Solar panels on roof

SECTION 4: ENVIRONMENTAL ASSESSMENT

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

SECTION 5: CONDITIONS THAT APPLY TO HISTORIC SITES:

According to Section 8.05 of the Municipal Code, the following shall apply to a Class 1 Historic Resource:

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

8.05.020.

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

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

4. The structure/site may not be modified, nor objects removed without following the procedures outlined in Municipal Code Section 8.05.110 “Demolition or Alteration of Class 1 and Class 2 Historic Resources – Certificate of Appropriateness”.

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

6. Compliance with all rules and regulations for Historic Sites and Historic Districts under Chapter 8.05 of the Municipal Code shall be required.

7. The site shall not be further subdivided.

8. The City Clerk shall submit the Council Resolution to the County recorder for recordation within 90 days of the effective date of the Council’s resolution.

Based upon the foregoing, the City Council hereby designates The Fallows-Cone Residence

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located at 765 Via Vadera, a Class 1 (Landmark) Historic Resource (Case HSPB #168).

ADOPTED THIS TWENTY-EIGHTH DAY OF JANUARY, 2026.

SCOTT STILES

CITY MANAGER
ATTEST:

BRENDA PREE, MMC

CITY CLERK

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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

BRENDA PREE, MMC

CITY CLERK

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ATTACHMENT C
(Application)

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1 The Fallows-Cone Residence
765 Via Vadera
Palm Springs,
California
An Evaluation of Eligibility as a Designated Historic Resource

Prepared on behalf of the owners by Susan Secoy Jensen, AIA 160 South Cypress Street, Orange, CA 92866
[email protected]
August, 2025 Revised December, 2025

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2 Acknowledgements

The author would like to thank the following individuals for either research or editing assistance:

Joan and Gary Gand
Tom Jakway
Adele Cygleman
Janice Feldman
Ronni Fallows

Fallows-Cone Residence –
Rear Elevation, looking
northwest. (Photo 2024)

Cover image: Fallows-Cone Residence
Front Elevation, looking southwest. (Photo 2024)

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3 The Fallows-Cone Residence
CLASS 1 HISTORIC RESOURCE NOMINATION - TABLE of CONTENTS

INTRODUCTION: PAGE 4
EXECUTIVE SUMMARY: PAGE 5
CLASS 1 HISTORIC RESOURCE DESIGNATION APPLICATION FORM: PAGE 6 STATEMENT OF SIGNIFICANCE: PAGE 11
EVALUATION FOR CLASS 1 RESOURCE DESIGNATION: PAGE 47
INTEGRITY ANALYSIS: PAGE 50

APPENDICES

I Owner's Letter of Support
II Assessor’s Map
III Grant Deed (which includes Legal Description)
IV Chain of Title
V Building Permits (copies of originals)

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4 INTRODUCTION

The purpose of the Class 1 and Class 2 designation is to recognize community resources such as buildings, structures and sites within the City of Palm Springs which may be protected, enhanced, and perpetuated to promote public awareness, education, and enjoyment of historic resources within the City of Palm Springs. Identification of historically significant places and the reasons why they are important helps inform the City Council, the Planning Commission, and City staff in evaluating new development proposals and opportunities for enhancing the beauty and livability of Palm Springs through adaptive reuse, preservation, and integration of historic resources.

In November of 2024, the Property Owners, Joan and Gary Gand, assigned the task of writing the subject property’s Class 1 nomination to Architect and Preservation Consultant, Susan Secoy Jensen.

Entry doors (Photo 2025)

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5 EXECUTIVE SUMMARY
The Fallows-Cone Residence is located at 765 Via Vadera. It is a single-story residence designed by modernist architect Tom Jakway, completed in 1972. The Fallows Residence is an important example of a modernist structure, and it exhibits numerous character-defining features that place it within the historic context of the Palm Springs late modern period, and the early period of Jakway’s career.

The 1970’s are being realized as a significant period of late modernism. As with any decade, there is no hard start and stop when it comes to design evolution. There were divergent directions, movements, and “schools” in American architecture in the 1970’s. The architecture of this decade was laden with divergent reactions to Modernism. The decade was one of exploration, experimentation, and thinking, which would shape the directions of architecture through the remainder of the twentieth century. We face the new task of trying to comprehend and contextualize these buildings, sites, and landscapes to steward them into the future.

The location of the Fallows-Cone Residence is within a residential district of Palm Springs known as Vista Las Palmas. It is a neighborhood of an estimated 330 homes. The boundaries are W. Stephens Road and Camino Norte on the north, the west side of N. Via Monte Vista to the east, and T acheva Canyon on the south and the west.

Dr. Alan Fallows was a prominent optometrist in Palm Springs who worked with Tom Jakway, a budding architect to design the house. Fallows worked with Tom’s father, Jerry Jakway, to build the house. The property was owned by Dr. and Mrs. Fallows for approxi mately four years, then sold to Dr. Lawrence Cone, another prominent doctor in the Palm Springs area. The Cones maintained ownership for approximately 46 years. The property is currently under the stewardship of the third owner of the property, Joan and Gary Gand.

LOT 53 MB 032/045 VISTA LAS PALMAS 1 Lot 53 Subdivision Name VISTA LAS PALMAS 1 Book Map Plat B 032 Map Plat P 045
DESIGNATION CRITERIA:

The Fallows-Cone Residence has not previously been evaluated for Class 1 Historic Resource eligibility.

8.05.070 (C, 1,; i, ii, iii, iv, v, vi, vii) Findings 1 & 2: The Fallows-Cone Residence is eligible under Modern Architecture because it possesses numerous distinctive characteristics that make up the modernist style, including one-story configuration, flat roof with cantilevered canopies, unadorned wall surfaces, lack of ornamentation, and expansive amounts of glass. Although modifications occurred during the passage of time, it maintains the vocabulary and overall design intent of the original Designer. Therefore, due to its distinctive characteristics, the Fallows -Cone Residence qualifies as a Historic Resource under Criteria

8.05.070.

SUMMARY: This evaluation finds the Fallows -Cone Residence eligible for listing as a Palm Springs Historic Resource under 8.05.070 (C, 1; ii, iii, iv), Findings 1 & 2 of the local ordinance’s criteria.

Additionally, the Fallows -Cone Residence retains a reasonable degree of architectural integrity (see “Integrity Analysis”).

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6 CITY OF PALM SPRINGS
Department of Planning Services
3200 East Tahquitz Canyon Way, Palm Springs, CA 92262 Phone 760 323 8245
Fax 760 322 8360
Historic Preservation Officer 760 322 8364 x8786

HISTORIC RESOURCE DESIGNATION (HRD)
WHEN TO USE THIS APPLICATION:

Use this application if you are seeking historic designation for a property, parcel or historic district.

For alterations to Class 1, Class 2, or contributing sites in a Historic District, use the CERTIFICATE OF APPROPRIATENESS application. (C of A)

For alterations or demolition of Class 3, Class 4 or non-contributing sites in a Historic District use the MINOR ARCHITECTURAL APPLICATION (MAA).

(Contact the Planning Department if you are unsure of the classification of your property.) WHO MAY APPLY:

Any individual or organization may apply to the City for consideration of a request for historic designation, however applications must be signed and notarized by the owner(s) of record of the site, structure, building or object for which the designation is sought. For Historic Districts written signatures from at last 51% of the property owners in the proposed district must be included in the application.

PROCEDURE:

1. For proposed historic sites or resources: Refer to Palm Springs Municipal Code (“PSMC”) Section

8.05.070 for Procedures and Criteria for the Designation of Class 1 and Class 2 Historic Resources . (www.palmspringsca/gov / government / departments / planning / municipal code / title 8 / section 8.05 “Historic Preservation”).

2. For proposed historic districts: Refer to Municipal Code Section 8.05.090 for Procedures and Criteria for Designation of Historic Districts. (www.palmspringsca.gov / government / departments / planning / municipal code / title 8 / section

8.05 “Historic Preservation”).

3. Complete all parts of the application and include related reports, mailing labels and back up information in support of the application. Denote “NA” for any line item that is “not applicable”.

4. Prior to submittal of the application, contact the City’s Historic Preservation Officer (“HPO”) to review the application for conformance and completeness.

5. Submit the completed application and related materials to the Department of Planning Services. A Planning Department case number will be assigned to the application.

6. Applications for historic site / resource or historic district designation are evaluated by City staff who will prepare the application for consideration by the City’s Historic Site Preservation Board (“HSPB”) at a noticed public hearing.

Applicants should plan on attending the hearing. City staff will schedule site visits for members of the HSPB to become familiar with the site prior to the public hearing. (Exterior review only, interiors are not subject to HSPB review.)

7. At the public hearing, the HSPB will evaluate the application and make a recommendation for City Council action.

The City Council will consider the application and the HSPB’s recommendation at a second noticed public hearing.

The applicant should again attend that hearing.

8. The final action of the City Council to designate will be recorded on the property title with the County Recorder’s office.

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7 FOR HISTORIC SITE / RESOURCE APPLICATIONS,
SEE PART 1 BELOW. FOR HISTORIC DISTRICT
APPLICATIONS, SEE PART 2 BELOW.

PART 1: REQUIRED MATERIALS FOR HISTORIC SITE / RESOURCE DESIGNATION APPLICATIONS (See PSMC 8.05.070(A,3):

An application for historic site / resource designation must include the following items. After preliminary review of the application by the HPO, provide twelve (12) hard copies and 1 electronic copy on disk or thumb drive of the following materials unless otherwise noted:

APPLICANT
CHECK
CITY
STAFF
CHECK
1 Original Completed Application (1 copy) X
2 Owner Consent Letter w/ notarized signature, (1 copy) 3 Ownership and address history; (“Chain of title”) (1 copy.) X 4 A report that describes how the proposed site(s), structures, buildings or objects are eligible and appropriate for designation under PSMC 8.05.070 for historic resources.

X
5 Photographs of the exterior of the proposed sites, structures, buildings or objects.

X
6 Aerial photo of the site / resource (from Google Maps or equal). X 7 Information about the architect(s), designer(s), planner(s), and/or developers of the proposed sites, structures, buildings or objects, if known.

X
8 Date and method of construction of any structure, building or object upon the proposed site or within the proposed district (provide copies of building permits where possible).

X
9 A detailed assessment of the character-defining features of the site, structure, building or object, (such as materials, architectural details or landscape elements, architectural style, and other relevant descriptors, etc.) X
10 Evaluation of the site, structure, building, or object relative to the Criteria and Findings for Designation of Class 1 and Class 2 Historic Resources. (PSMC

8.05.070 (C).*
X
11 Identify the source of the information provided in the application, such as building permit numbers, date and issue of publications, organizations or individuals.

X
12 Site Plan (8-1/2” x 11” or 11” x 17”) X
13 Any other documentation or research as may be deemed necessary by the HPO to determine the qualifications of the site, structure, building or object for historic designation.

14 Public Hearing Labels. The applicant shall submit public hearing mailing labels pursuant to Zoning Code Section 94.09.00.

*Applicants are encouraged to review the City’s Technical Assistance Bulletin titled “How to Apply the Palm Springs Eligibility Criteria for Historic Designation” available under “Historic Resources” of the Planning Home page of the City website ( www.palmspringsc.gov) and the bulletin from the U.S. Department of the Interior National Register Criteria for Evaluation” (National Register Bulletin 15 (http://www.nps.gov/history/nr/publications/bulletins/nrb15/).

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8 (to be completed by Planning staff:)

CITY OF PALM SPRINGS
Department of Planning Services

HISTORIC RESOURCE DESIGNATION (HRD)
TO THE APPLICANT:

Complete all parts of this application. Denote “NA” for lines that are not applicable.

Submit the completed application with attachments to the Department of Planning Services at 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 Phone: 760-323-8245 Fax: 760-322-8380

This application is for a proposed: (Check one) X Historic Site/ Resource Historic District:

Applicant’s Name: Joan & Gary Gand
Please Print
X Owner Lessee Authorized Agent City Other
Applicant’s Address: 765 Via Vadera
Number and Street Name or P.O. Box
Palm Springs California 92262
City State ZIP
Telephone Nos: 847-370-4263
Residence Cell Work
E-M ail address:[email protected]

Note: For Historic District applications: On a separate page, provide a list all sites / parcels within the proposed historic district boundaries with the following information provided for each parcel / APN.

Site Address: 765 Via Vadera, Palm Springs
APN 505-093-005 Zone: R-1 Section:33/4S/4 Gen’l Plan Land Use Desig. SFR _ Is the project is located on the Agua Caliente Band of Cahuilla Indians Reservation? no (Refer to the Land Status Map under Tribal Resources on the Planning Department home page.) Construction Date: 1971 Estimated X Actual (Building Permit)

Architect: Tom Jakway Builder: Jerry Jakway

Present Owner: Joan & Gary Gand

Date:

Case No.

HSPB No.

Planner:

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9 Present Owner Address: 765 Via Vadera, Palm Springs, CA 92262

Original Owner: Dr. Alan Fallows & Mrs. Irene Fallows

Other notable past owners: Dr. Lawrence Cone & Mrs.Mary Cone

Other Historic Associations: NA

Attach to this application any information, photos, drawings, newspaper articles, reports, studies, or other materials to fully describe the characteristics or conditions that support this application for historic designation.

Architectural Style: Late Modern
(Refer to the Architectural Styles chapter of the Citywide Historic Context Statement, under Historic Resources on the Planning Home page (www.palmspringsca.gov).

Period of Significance: 1971-1976 (See
the Citywide Historic Context Statement Document.)
Please list any informational reference sources used to complete this application:

See nomination bibliography _

PSMC 8.05.070 (C,1): Criteria for the
Designation of Class 1 Historic
Resources.

A site, structure, building or object may be designated as a Class 1 historic resource or a Contributing Resource in a proposed historic district by the Palm Springs City Council, provided both of the following findings are met.

Provide a written description of how the site qualifies as historic resource under one or more of the following criterion:

FINDING 1: The site, structure, building or object exhibits exceptional historic significance and meets one or more of the criteria listed below:

i. The resource is associated with events that have made a meaningful contribution to the nation, state or community.1
ii. The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history.
iii. The resource reflects or exemplifies a particular period of national, state or local history. iv. The resource embodies the distinctive characteristics of a type of construction, a period of construction or a method of construction.2
v. The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value. vi. The resource represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists.
vii. The resource has yielded or may be likely to yield information important to national, state or local history or prehistory.

1 NOTE: Unlike the National Register criteria, The City’s criterion does not consider “patterns of events”. For consideration of “patterns of events”, use Criterion “iii”, reflecting a particular period. 2 Unlike the National Register criteria “type, period of method of construction relates to construction only’ For design theme or characteristics use Criterion “iii” (period) or Criterion v (high artistic value).

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10 FINDING 2: The site, structure, building or object retains most if not all of the following aspects of Integrity, as established in the Secretary of the Interior’s Standards3: Design, Materials, Workmanship, Location, Setting, Feeling, Association.

PSMC 8.05.070 (C,2) Criteria for the
Designation of Class 2 Historic Resources.

A site, structure, building or object may be designated as a Class 2 historic resource, or a Contributing Resource to a proposed historic district by the Palm Springs City Council provided the site, structure, building or object exhibits exceptional histor ic significance and meets one or more of the criteria listed in Finding 1 above. A Class 2 historic resource is not required to meet the findings for integrity as described in Finding 2 (above).

PSMC 8.05.090 (C) Criteria and Findings for
Designation of Historic Districts.

In addition to the criteria listed in Finding 1, to be considered for designation as a Historic District, a defined area must:

a. Contain contributing resources on a majority of the sites within the proposed district which individually meet the criteria in Finding (1). The defined area may include other structures, buildings, or archaeological sites which contribute generally to the overall distinctive character of the area and are related historically or visually by plan or physical development.
(Identify list by address and APN number each site / parcel that meets the criteria outlined in Finding 1 above and document how each meets the criteria.

b. Identify non-contributing properties or vacant parcels to the extent necessary to establish appropriate, logical or convenient boundaries. (Identify list by address and APN number each site / parcel within the proposed historic district that is considered non-contributing to the overall historic significance of the historic district.)

Please attach any additional information related to the application as necessary.

Questions: Contact the Palm Springs Planning Department at 760 323 8245.

3 Refer to the U.S. Department of the Interior Bulletin for How to Evaluate the Integrity of a Property

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11 Statement of Significance

Narrative Description
The Fallows-Cone Residence is in Vista Las Palmas Estates, Lot 53. The property is significant as an example of post-World-War II architecture of the desert modern style, Late Modern Period.

Site Description:

The Fallows-Cone Residence is located on a prominent corner lot, 13,068 S.F., in the Vista Las Palmas tract. The residence is bounded by Via Vadera to the north, N. Vista Vespero to the east , and two residential parcels to the south and west. The topography of the lot is relatively flat.

In Vista Las Palmas, the firm of Palmer and Krisel, as well as architect Charles Dubois, designed the majority of approximately 330 homes. Vista Las Palmas was developed by the Alexander Company in 1956. The Alexander Company was founded by George Alexander and later joined by his son, Robert.

During 1956, they were working on construction in another Palm Springs community, Twin Palms. The architecture firm of Palmer and Krisel were employed to design the homes in both communities. A 74-unit tract map which includes Vista Vespero and Via Vadera in the initial proposed construction in Vista Las Palmas is provided. (page 12) An effort was made for a significant design departure from the Twin Palms neighborhood to cater to a more upscale buyer by offering a choice of three different rectangular floor plans, which prevented the rotation of floor plans on the site. The plans offered three bedrooms plus a maid’s room. Also included in the plans was a service door off the carport conveniently located adjacent to the maid’s quarters and kitchen. Roof styles varied and included Bermuda and Hawaiian styles. William Krisel contributed his iconic “butterfly” roof houses, a folded plate roof design, and several others. From the onset Vista Las Palmas homes were designed to vary visually with various rooflines and façade treatments.

One of Alexander’s partners was Joe Dunas. Starting in 1962, he built out many of the remaining sites.

The 20 home Las Palmas Summit fronted on Los Robles Drive and extended to Friar Court and Capistrano Court. These homes were designed by architect Charles Dubois. Charles Dubois created the distinctive “Swiss Miss” A -frame, among others. The mix of designs creates one of the most varied, yet cohesive neighborhoods in Palm Springs.11

In 1959, Palmer & Krisel developed homes in the expanded areas of Vista Las Palmas called Las Palmas Estates and Golden Vista Estates. In 1961, the model home for Las Palmas Estates was located at the northwest corner of what is currently known as North Palm Canyon Drive and Tahquitz Canyon Way. That was part of the Historic Desert Inn property. In 1960, George Alexander and partners purchased the Historic Desert Inn from Marion Davies with the intent of someday developing the property. Davies felt that Alexander shared her zeal for the development of the Desert Inn and the entire desert area and ha d the experience and ability to carry it out. The model home was then moved to the corner of Anza Drive and Joshua Tree Place in the Twin Palms neighborhood. A second model home was located at 963 Via Monte Vista.

1 James R. Harlan. The Alexanders: A Desert Legacy. Palm Springs Preservation Foundation, 2011.

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12 In the 1950’s celebrities from Los Angeles used Vista Las Palmas as their desert retreat from busy work schedules. Celebrities who once lived and played in Vista Las Palmas include Marilyn Monroe, Dean Martin, Peter Lawford, Colonel Tom Parker, Debbie Reynolds, Joan Collins, George Hamilton, Kirk Douglas, Dinah Shore, John Phillips of the Mama’s and Papa’s, and Trini Lopez.

George Alexander and his wife Mildred, along with their son Robert and his wife Helene, were killed on November 14, 1965, when their chartered plane flying from Palm Springs to Burbank crashed into the Little Chocolate Mountains near Indio, California. The majority of Vista Las Palmas was built out, yet several sites remained available. The subject property is presumed to be one of the properties that were in the Alexanders land bank, after their untimely death. There are at least 3 homes that are not Alexanders lined up along Vespero north of the subject property. The land likely sat in probate for several years before going back on the market and was eventually purchased by Dr. Alan Fallows.

Original Parcel Map, Vista Las Palmas No. 12

2 James R. Harlen, Palm Springs Preservation Foundation. The Alexanders, A Desert Legacy . 2011

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13 Subject Property

3 Ibid.

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14 City of Palm Springs Parcel Map 1968

Fallows Residence

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15 Aerial photo – 1972 765 Via Vadera

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16 Owner Builder – Dr. Alan Fallows, Jerry Jakway

Alan Fallows was a graduate of UCLA College of Optometry, Berkley. Fallows served in the Army Medical Corps in Asia during World War II. Following graduation from Optometry school, he developed an active practice in San Francisco, then moved to Palm Springs. Dr. Alan Fallows was a prominent optometrist in Palm Springs for most of his career. He shared an office with Dr. Mel Kranseler and maintained an office on Palm Canyon Drive for 17 years, from 1966 until 1983, located next to the upscale department stor e, Bullocks Wilshire.

In 1983, he joined the staff of well-known ophthalmologist Albert T. Milauskas, working in the office located at Las Palmas Medical Plaza. At that time, he had been practicing in Palm Springs for over 20 years. His practice included eye examinations, eyeglass dispensing and contact lens work. 4 He was engaged with the community and was friends with Jerry Jakway and his family. Jerry’s son, Thomas, was a patient of Fallows and saw him on a regular basis since he was 10 years old. Thomas became the designer of his home in Vista Las Palmas.

Dr. Alan Fallows and his wife, Irene, had purchased three lots in Palm Springs, two in the Indian Canyons neighborhood and one in the Vista Las Palmas neighborhood. The Indian Canyon lots were located on Caliente Drive. (2153 Caliente photos pages 26, 27) Tom Jakway designed homes for all three lots, with the Fallows choosing to live in the Vista Las Palmas property.

4 Desert Sun Newspaper. Advertisements & Announcements, 1964.

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17 Jerry W. Jakway was born 1925 in Hollywood, California, and became a Navy pilot after the end of WWII.

He then went to USC where he received a degree in Education. He married Joanna Acosta in 1949 and in 1960 they moved to Palm Springs where they raised their 3 sons, James, Thomas, and John. His career was spent in construction where he rapidly progressed from carpenter, to superintendent of tract home projects, to having his own general contracting company.

Jerry Jakway was a prominent builder in Palm Springs. He was responsible for several noteworthy residential and commercial projects. He worked on the construction of the Tropic Hotel (1962). He also constructed the condominiums at the Tennis Club, facing B aristo Road, by William Cody, Architect. He was the builder of the Robert Meyer & Victor Koozin designed Villa Alejo, (1966). 5 He built many custom homes throughout Palm Springs, and he designed and built a home in the Mesa neighborhood in 1967 and resided there. He and his wife Patty were prominent residents for several years.

Jerry Jakway, taught a course and was involved with a program at the Palm Springs High School in the early 1970’s. The Palm Springs High School House Construction Technology Class was a unique opportunity for students to gain hands-on experience with design and construction. In March 1971, an auction was held for bidders to have the opportunity to own the home built by the students. It was located at the corner of Ramon Road and Cerritos Road and was open for inspection by potential bidders every afternoon, Monday through Friday.

5 Desert Sun, “Groundbreaking Ceremony”, May 8, 1968.

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17 The wood frame house had resawn wood siding and a three-ply composition rock roof, 1,200 S.F. of living space contained a living room with dining area, kitchen with built-in’s, two bedrooms and two baths. Added features included an exposed beam cathedral ceiling in the living room and master bedroom. Two private patios were designed for desert living. Other features included an electric refrigerator, forced air heating and cooling, electric range, oven, dishwasher and garbage disposal, a walk -in closet in the master bedroom, and abundant closets and storage throughout.

The property was sold for cash with a minimum bid of $12,000. Another stipulation was the house needed to be moved from its temporary location by May 1, 1972. Estimated proposals for moving, concrete foundation, plumbing hook-up and permits amount to approximately $2,850.6

The designer of this house was a student that attended Palm Springs High School and the Construction Technology Class. Thomas Jakway, the son of Jerry Jakway, displayed design talent at an early age.

After retirement, Jerry Jakway relocated to Mexico, first in San Felipe then Mulege. He enjoyed fishing and the relaxing lifestyle of Baja California, but he also became the patron for many local children. He provided clothes and cooked a warm breakfast each morning for numerous children. He built a Kindergarten School which he donated to the town. He returned to the States in 2004 and lived in Morongo Valley until his death in 2009.

Jerry Jakway Family Home

6 Desert Sun newspaper. “Auction set for March 16 for house built by construction club”. March 7, 1972.

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18 Jerry Jakway Family Home

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21 Permit History (see appendix V for copies of originals)

March 14, 1971 – Permit No. B-3283. Plan check (Single Family Dwelling) Owner: Dr. Alan Fallows.

Contractor: Jerry Jakway.

September 14, 1971 – Permit No. B-3283. Plan check Single-Family Dwelling. Owner: Dr. Alan Fallows.

Contractor: Jerry Jakway.

September 27, 1971 – Permit No. B-3356. Construct 5 room dwelling and garage. Frame and stucco construction, composite roof. Owner: Alan Fallows. Contractor: Jerry Jakway.

October 1, 1971 – Permit No. P-1531. Plumbing Permit. Owner: Alan Fallows.

October 6, 1971 – Permit No. M-1295. Mechanical Permit. Owner: Dr. Fallows. Contractor: Thomas Air Conditioning.

October 13, 1971 – Permit No. A-4867. Electrical Permit. Owner: Alan Fallows. Contractor: Jerry Jakway.

October 17, 1971 – Permit No. B-3356. Temporary Electrical, Plumbing, Mechanical.

November 5, 1971 – Building Permit No. B-3517. Construct block retaining wall at rear of property. Owner:

Dr. Alan Fallows. Contractor: Jerry Jakway.

December 20, 1971 – Permit No. B3718. Owner: Dr. Alan Fallows. Swimming Pool Contractor: Palm Pools.

February 2, 1972 – Permit No. A-5137. Electrical Permit. Owner: Alan Fallows. Contractor: Thompson Electrical
.

February 28, 1972 – Permit No. B3977. Construct 200’ of wood fencing 6’ high. Owner: Dr. Alan Fallows. Contractor: Jerry Jakway.

February 28, 1972 – Permit P-1850. Plumbing Permit. Owner: Dr. Alan Fallows. Contractor: Jerry Jakway.

February 29, 1972 – Certificate of Occupancy. Owner: Alan Fallows.

March 18, 1972 – Permit No. A-6178. Sewer Permit. Owner: Alan Fallows.

March 15, 1978 – Permit No. A-6978. Owner: L. Cone. Contractor: Canyon Plumbing.

March 15, 1978 – Memorandum from Sidney F. Summers, Chief Building Inspector. The private sewage system tank and pit is exempted from the “pump-out and back-fill” requirement related to a connection in the City Sewer due to the tank and pit location being in a front setback.

June 17, 1980 – Building Permit No. B-3289. Relocation of Laundry Facilities. Owner: L. Cone, Contractor: F. Wiskowski.

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22 October 24, 1989. Permit No. B-16646. Construct frame and stucco addition to dwelling to be a bar area, off dining room. 189 SF addition, 32 SF covered patio.

May 20, 1991. Permit No. B-20773. Remove existing roof and reroof with 4-ply built-up roof. Owner:

Lawrence Cone. Contractor: Denny and Assoc.

January 8, 1997. Building Permit No. B-31770. Construct 75 LF of 6’ high block wall per city specs.

Owner: Cone. Contractor: Robert Taylor.

March 26, 1999. Permit No. B-36996. Construct morning room addition on east side of dwelling, remodel kitchen, add sink in laundry room. New living area: 205 SF, Remodel: 238 SF. Owner: Dr. & Mrs.

Lawrence Cone. Contractor: Frank Wiskowski. Architect: Michael Kiner.

October 10, 2006. Permit No. C-17542. Install 36 solar panels 170 watts and one inverter 5200 one DC disconnect on existing roof. Owner: Lawrence Cone. Contractor: Sunbelt Solar Sys.

June 7, 2012. Permit No. 2012-1459. 21 panel rooftop photovoltaic system. This system is being added to existing PV system. Owner: Mary O Cone. Contractor: Solar Energy Center.

December 9, 2015. Permit No.2015-4216. Install new gas pipe to FAU. Owner: Mary O Cone.

Contractor: Palm Springs Plumbing.

December 28, 2016, Permit No. 2016-4704. Remove all gravel, clean and prep roof. Re-roof with Urethane roofing system. Owner: Mary O Cone. Contractor: Valley Urethane.

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23 The Architect

The Fallows-Cone Residence, built in 1972, was the first residential commission for Tom Jakway and it represents design at the onset of his practice. Built by the owner as a design-build project, the house had 2 bedrooms and a den, 4- 1/2 baths, several closets including a grand master closet, a modern kitchen and appliances, wet -bar, interior laundry room and a spacious lot in the prestigious Vista Las Palmas neighborhood. A pool was included as part of the project.

Tom Jakway was born in Los Angeles, California in 1952 and spent his early years in Southern California and Santa Fe, New Mexico. Tom moved to Palm Springs in 1960 and attended elementary school, Junior High, and Palm Springs High School. During his Junior and Senior years of High School he worked after school hours in the office of noted building designer Stan Sackley in Palm Springs, California.

Tom attended Architecture School at the University of Southern California and graduated in 1974 with a Bachelor of Science degree in Architecture. During the summer of his Junior and Senior years, Tom interned in the office of Architect Donald Wexler in Palm Springs, California. After graduation Tom enrolled in Stanford University and studied for one year at Stanford’s Overseas Studies Program in Florence, Italy.

In 1976 Tom began working full-time for Donald Wexler and worked for him for nearly 6 years, eventually rising to the position of Project Manager/Associate Architect. In 1980. Tom received his Architects License from the State of California. (C-10907)

In 1981 Tom moved to Northern California and became the staff Architect at Redwood Shores, a development of Mobil Land Development Corp (a subsidiary of Mobil-Oil). Tom’s duties were to create a set of Design and Development Guidelines for Shores Center Business Park and to oversee Design Regulations and Review for Residential Development in Redwood Shores. During the time that Tom was in college, and while he was working for Don Wexler and Mobil Land Development Company (from 1972 to 1984), Tom also had his own Design business designing custom homes that were built in Rancho Mirage and Palm Springs, California.

In 1984 Tom left Mobil Land Development and relocated to Southern California where he embarked on a solo career with his firm Thomas Jakway, Architect, which specializes in the design of Custom Homes. His projects have ranged in style from “Old World Mediterranean” drawing from the materials and influences of Italy, Southern France, Spain and Morocco, to “Modern Desert Contemporary” which highlights the style and forms of “Mid- Century Modern Design” updated to reflect the lifestyle, Technology and Energy Efficiency for the needs of today’s clients.

Tom has had projects published in Architectural Digest, Western Interiors, California Home, The Robb Report, Palm Springs Life, Colorado Homes, Luxe Interiors + Designs, and other Regional Publications. Tom has served on several Boards and Committees including, Board of Directors AIDS Assistance Program, Dinner at my Place Committee Desert AIDS Project, Board of Trustees and Board of Directors O’Donnell Golf Club, Board of Directors Palm Springs Cultural Center , and Chairman of The Architectural Review Committee for The City of Palm Springs.

Tom lives in Palm Springs, California and enjoys extensive travel throughout the world. His association with Dr. Fallows developed around the age of 10. Tom Jakway, Architect (1952-present) grew up in Palm Springs, California and his family enjoyed the cou ntry club lifestyle. Tom and his family knew Dr. Alan Fallows, and the parents were close friends. Tom’s father was a local builder, and Tom’s admiration for architecture developed at a young age. Dr. Fallows was Tom’s optometrist since the age of 10 years old.

This relationship indirectly led to the architectural commission of the Fallows-Cone Residence.

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24 Tom attended Palm Springs High School which was unique in its curriculum consisting of drafting, architecture, and home building. Jakway participated in all these classes and excelled. His project was chosen as the best of the home building class, and his design was executed and built in the city of Palm Springs in the early 1970’s. Dr. Alan Fallows learned of Tom’s talent and enlisted him to design the house he planned to build at 765 Via Vadero. Dr. Fallows was extremely frugal, and this young, ambitious, high school student fit the bill. Jakway designed two other homes for Dr. Fallows located in Indian Canyons, built by Fallows as spec homes. They are located on Caliente Drive. 7 Stan Sackley:

During high school, Jakway worked for Stan Sackley, designer . Stan Alan Sackley (1937-2001) was the son of Robert Irving Sackley (1906- 1993) and Rose (Gould) Sackley who were New Yorkers of Polish descent. Little is known of his background, but the family relocated to California where he graduated with a Bachelor of Architecture from USC in1961. Although Sackley was never licensed in California, one source indicates that he, at least for a time, maintained a partnership called Sackley & Light. Fairly well - to-do, he maintained homes in Beverly Hills and Palm Springs. He appears to have been married three times and divorced twice. His third wife Carol Sackley is pictured on the cover of “Palm Springs Life” in July 1965. He was an avid classic car collector, ow ning Jaguars, a 1979 Ferrari , 308 GTS, and a 1937 Chrysler Coupe, which was sold at auction at Christie’s in August 2001. Upon his death, a scholarship fund was created to memorialize his parents, the purpose of which was to assist financially needy USC architecture students. An early project was a home for James Hollowell which was featured as a “Playboy Pad” in the April 1966 Playboy Magazine. In Palm Springs , he is best known for a series of homes he created in “the Canyons” neighborhood near the south end of town. Perhaps Sackley’s best home is located at 2550 Pequeno Circle (adjacent to Krisel’s pod house at 2587 S Pequeno Circle) and is considered a modernist masterpiece. Sackley bought numerous lots in the area along Caliente Drive and built a group of speculative homes. All are large, modernist, and flat roofed, similar to the Fallows Residence . A common characteristic is the unusual placement of the garage door perpendicular to the street; this provides a parking court in front of the homes.
8 Don Wexler:

During career day in high school, Jakway met Don Wexler, architect. Wexler studied architecture at the University of Minnesota. On a visit to California in 1950, Wexler accepted a job working for one of his design heroes, Richard Neutra, at the firm of Neutra and Alexander. In 1952, learning of Cody’s project at the Tamarisk Country Club, Wexler took a winter position in Cody’s office where he met Richard Harrison.

Not long afterward, the two young architects left to open their own practice in Palm Springs. Over the years, the office would design schools, offices, and homes. Wexler is best known for designing the small tract of Modern steel houses for the Alexander Company in the north end of Palm Springs in the early 1960s. According to author and critic Alan Hess, the steel houses “moved beyond a custom expression of the modern machine to actually incorporate the assembly line processes and mass production that were the essence of modern technology.” Wexler and Harrison teamed with William Cody in the design of the remarkable 1958 Palm Springs Spa Hotel. Wexler and Harrison also designed financial institutions, government buildings, and the dramatic open-air Palm Springs airport. Says Wexler, “We didn’t even think of it as Modern in terms of architecture for the desert,” it was a matter of designing “to live with the environment, a matter of balancing orientation and views.”

7 Interview with Tom Jakway Architect, February 3, 2025. 8 Steve Treinen. Canyon Country Club: History and Design of Palm Springs’ Garden of Eden . Palm Springs Preservation Foundation, 2025.

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25 Donald Wexler (1926-2015) was educated at the University of Minnesota. Upon graduation he moved to Los Angeles where he worked for Richard Neutra, whose influence can be seen in Wexler’s work. He and his wife raised three children in their Palm Springs home, which he designed, on East Verbena Drive. He is known for pioneering the use of steel in residential design. Wexler’s designs for public buildings, including the dramatic Palm Springs Airport, served as models for other municipalities to emulate. Many structures designed by these Master Architects have been designated Class 1 Historic Resources, including the Steel Development Houses, the Kirk Douglas residence, the Sunmor Model Home, and the Royal Hawaiian Estates. Wexler’s Steel Development House Number 2 is listed in the National Register of Historic Places.

Both Richard Harrison and Donald Wexler are the recipients of distinguished stars along Palm Canyon Drive, a Palm Springs honor of their achievements in Architecture. That is only one of many honors and awards received for their extraordinary work within the architectural profession.

The architect’s genius influenced their era, and the influence of their work continues today. Wexler and Harrison created designs that define the desert modern style. Donald Wexler’s expression of the ideals of Modernist architecture continues to influence architects, homeowners, developers, builders, and visitors to Palm Springs. In fact, the Palm Springs School of Architecture, often called Desert Modernism, is a recognized regional style of post -war architecture that emerged in Palm Springs, California. Many of the architects who pioneered this style have become world-renowned, including Donald Wexler.

Wexler’s advice to the young Jakway was to avoid attending USC. Well, not heeding that advice, Jakway was accepted to the school of architecture at USC and attended the university for 4 years, receiving his Bachelor of Architecture in 1974. During Summer break, Tom visited Don Wexler’s office and asked for an internship. Wexler was not impressed, so Jakway offered to intern for free until he could prove himself to be worthy of pay. In 1974 he received $1.65/hour during his employment with Wexler. After graduation Tom enrolled in Stanford University and studied for one year at Stanford’s Overseas Studies Program in Florence, Italy. In 1976 Tom began working full-time for Donald Wexler and worked for him for nearly 6 years, eventually rising to the position of Project Manager/Associate Architect. In 1980, Tom received his Architects License from the State of California. (C-10907)

Indian Canyon Spec houses owned by Dr. Fallows. Caliente Drive. Similarities include:

• Entry and front façade have different materials, yet massing and configuration are similar. • The garage is perpendicular to the street with a semi-circular driveway. • The floor plan is very similar.
• The sunken tub and atrium in the Master Suite.
• Fireplace and soffit in the Living Room.
• Same overall massing.

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26 2153 Caliente: Entry and Front Façade is like the 765 Via Vadera Fallows Residence.

2153 Caliente: Fireplace, Floor Plan, Soffit, is like the 765 Via Vadera Fallows Residence.

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27 2153 Caliente: Overall massing and pool location, is like the 765 Via Vadera Fallows Residence.

2255 Caliente Drive: Front elevation – Stan Sackley, designer.

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28 The Gay Community and the Design Community of Palm Springs

During the 1960’s there was not an established “gay community” in Palm Springs. Through the 1970’s, the Palm Springs gay community was not organized and still didn’t realize its potential. Palm Springs began to develop boutique inns to provide spaces where individuals could embrace their authentic selves and enjoy a liberated environment. Initially, the city leaders were not in support of this movement, and they encouraged the gay community to open its resorts in Cathedral City. The most popular one was near the boundary of Palm Springs, in Cathedral City, The Villa Resort, now called the Paloma Resort. After Palm Springs went through a marked economic decline in the 70’s, the city’s leaders warmed up to the idea, especially as gay men brought money to renovate and revitalize a deteriorating neighborhood. They focused on the neighborhood of Warm Sands, creating a gay resort town within a town. El Mirasol Villas, opened in 1976, is believed to be Palm Springs’ first gay resort. Nearby is the Vista Grande, the first clothing-optional gay resort, which opened in 1984. The Desert Business Association (DBA), founded in the late 1970’s as a networking group of bar and hotel owners, began to assert itself politically.

Some of Palm Springs, and its adjacent communities, most prominent design talent was gay. Arthur Elrod was an interior designer and was a significant figure in mid-century modern design. He was known for his innovative use of space, bold colors, and blending of indoor and outdoor elements, which became a hallmark of the Palm Springs aesthetic. His most famous work includes designing interiors for celebrities and infl uential clients. His private residence, known as the Elrod House in the exclusive Southridge neighborhood of Palm Springs, was a collaboration with architect John Lautner, 1968.

Elrod lived openly as a gay man during a time when being gay was often stigmatized, especially in public and professional spheres. He was respected for his talent and visionary designs, contributing to the stylish and modern look for which Palm Springs has become famous. Elrod’s impact on the city’s design culture was significant, helping to solidify Palm Springs as a center of modernist design.

Tom Jakway, the designer of the Fallows -Cone Residence, was a young gay man who was becoming acquainted with some of the talented designers in the Palm Springs community. He learned of Elrod’s death while in college. Elrod’s work and zest for life had an influence on the young Jakway. There was a strong connection amongst the design community in Palm Springs, both straight and gay, which included Tom Jakway’s employer, Stan Sackley, and the designer Steve Chase.

Steve Chase was involved with the interior design of Fallows -Cone Residence. Many of his signature touches could be seen there, including the mylar wallpaper in the bathrooms. His elegant color palette was reflected throughout the house. Steve Chase was considered a brilliant visionary, a genius, with an incredible personality and sense of humor. When he wasn’t designing the interiors of some of the desert’s most famous homes, Chase donated time and money to the Palm Springs Desert Museum, the Living Desert, The McCallum Theatre, and perhaps most notably, The Desert Aids Project. He helped coordinate DAP’s first fundraiser. He contacted his clients to attend which included President and Mrs. Gerald Ford, Joan Kroc, and other major philanthropists. He started his career working with Elrod, ultimately becoming world renowned for his celebrity clientele including gossip columnist and businesswoman Rona Barrett, singer Johnny Mathis, and actors Dyan Cannon, Gene Hackman, Farrah Fawcett, and many more.

Despite his worldly career, Chase called the Coachella Valley “home” and would go on to become a benefactor for many community organizations and events.

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29 Considered a local hero, Chase designed his personal elegant desert-style home at 40 Evening Star Drive in Rancho Mirage’s Thunderbird Cove. It is not located on the golf course since he wanted his privacy. It reflects his love of antiques and modern art. Built in 1981, Chase collaborated with architects Richard Holden and William Carl Johnson, on the resort style 8,700 SF home. Chase blurred the line between indoors and out with stuccoed interior walls and aggregate flooring for a seamless transition to the exterior.

As with other designers of the time, he drew his color palette from the surrounding landscape. The structure could easily blend into the adjacent hillside if not for its striking linear silhouette. He utilized a very neutral interior background because he wanted his artwork to pop. He used textures and materials like stone, granite, and wood since they are natural environmental materials and a good, natural palette.

Chase’s devotion to art and its acquisition was phenomenal. He helped his clients select art, and as he curated his own collection, he kept the Palm Springs Art Museum in mind, knowing he would bequeath the collection when he died.

Chase escalated the Palm Springs Desert Museum, now the Palm Springs Art Museum , to a different level due to his vision. The museum built the Steve Chase Art Wing and Education Center with his financial endowment and donation of nearly 135 works.

Chase’s contribution to the Coachella Valley, and the world, extends beyond his design prowess and art collection. When a group of volunteers founded DAP Health, then known as Desert AIDS Project, in 1984, Chase was instrumental. From the outset, he lent a hand with rallying contractors and local building partners to turn the industrial building that houses DAP Health offices into a comfortable space for patrons and workers. In that era, AIDS-related organizations carried a stigma that made fundraising a challenge.

With his acclaim, he contacted his A -list clients as the original donor database, resulting in the organization’s success. So many of his friends had been affected, and he believed they were all in it together.

It would be a short decade after Desert AIDS Project launched that Chase, 53 years old, would die from complications of the disease. When he was sick, the drugs available shortly thereafter were not available.

His humanitarian efforts have honored stars of HIV research and medicine, as well as activist stars of stage and screen, for their commitment in raising awareness and funding to continue the fight, in the name of Steve Chase.

He was a mentor for many people. He contributed not just money, but also his talent, knowledge, and friendship. He inspired many of the next generation of designers. He left not only a financial impact but also personal and inspirational influence. Tom Jak way experienced the strong personal relationships developed among friends, resulting in confidence to “come out” to an affluent community who appreciated design talent.

The second owner of the Fallows -Cone Residence, Dr. Lawrence Cone, was influential in the study of AIDS research. "He was the epitome of perseverance," says Eisenhower's Stuart Barton, M.D. "He was a fierce advocate for Eisenhower Medical Center, for his patients, and for the pursuit of knowledge. Larry

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30 Cone had a passion for challenges, including AIDS at its onset and other exotic diseases. He never met a test he did not embrace."

The awareness of the “gay community” in Palm Springs during the 1970’s foreshadowed the forthcoming challenges for the community. Palm Springs has been pivotal regarding HIV research and medicine. The Desert AIDS Project (DAP Health) provides healthcare, support services, and advocacy for people living with HIV and AIDS in the Coachella Valley. DAP Health continues to provide critical services to the community and has grown into one of the largest and most respected HIV/AIDS organizations in the United States.

Local Architectural Context

The Fallows-Cone Residence should be viewed proceeding the context of the period Post World War II (1945- 1969) Late Modern, now of historic consideration. The population growth accelerated in the 1950s, bringing a demand for housing, which found a ready market in Palm Springs. Though Palm Springs was a smaller municipality, this economic climate provided many opportunities for locally based architects, as well as several Los Angeles architects, to explore and develop a wide range of architec tural types and ideas, sometimes influenced by sophisticated global design trends. These conditions and the architect ’s talents lead to the development of an exceptional group of Modern buildings which later came to be identified as "Palm Springs Modernism", “Desert Modernism” , or "The Palm Springs School”. The rise of celebrity status within Palm Springs continued during the 1950’s and 1960’s, with the proximity to Los Angeles and the movie studios. Many movie stars and influential people within the film industry could venture to Palm Springs for a relaxing weekend, then easily be back to Los Angeles to continue work on films. The trend to purchase a residence in Palm Springs was rapidly occurring. The selection of desert modernism strengthened the movement of this new, influential style of design, and its status was elevated beyond the middle-class.
9 Architecture faced a crossroads in the 1970’s. Many architects thought that the utopian promises of Modernism to build social change and a better new world through an architecture of functionalism, material honesty, and new technologies had failed, or at least been corrupted by commercial developers. The 1970’s resulted in varying trends, some that have had lasting legacies. The decade was one of exploration, experimentation, and reckoning that would shape the direction of architecture through the remainder of the twentieth century.

The Palm Springs School of Architecture is characterized by its adaptation to the desert's climate. Block walls, clerestory windows, long, low rooflines, and the inclusion of the desert itself in the design, highlight the common elements of the Palm Springs School. The many talented architects working in this small town responded to a unique combination of conditions through a shared commitment to Modernism.10

9 Alan Hess. The Palm Springs School: Desert Modernism 1934-1975. 2025 10 Ibid.

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31 First Owners, Dr. Alan Fallows and Mrs. Irene Fallows

Dr. Alan Fallows and his wife, Irene, were active in the cultural activities of Palm Springs. The two were co-founders of the Palm Springs Opera Guild of the Desert and Tri-Arts, now the Village Center for the Arts. Dr. Fallows and his wife, Irene, moved into the house located at 765 Via Vadera in 1972. Irene established and managed an optical boutique, which was a unique type of retail establishment at the time. She searched the world for the most stunning and glamorous eyeglass frames. This chic entrepreneur complimented her husband’s business, selling upscale eyeglasses to Palm Springs notable residents and guests. She also sold beautiful eyeglass cases imported from the orient.

Irene Fallows was a great cook, and they loved to entertain. They hosted many dinner parties at their home, which included like-minded people, belonging to the same organizations, and often participated in “traveling dinners”, successive courses in different homes.

They had beautiful and meaningful art, and their furnishings exemplified the glamourous Palm Springs lifestyle of the 1970’s. The outdoor furniture was original Richard Schultz, 1966 Collection, patio furniture. The tabletops were yellow enamel, and the chaises and dining chairs were white mesh with putty colored side trim.
11 11 Email interview with Janice Feldman, niece of Dr. Alan Fallows and Irene Fallows.

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32 Mrs. Irene Fallows (upper left) & Dr. Alan Fallows (upper center)

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33 The Second Owners, Dr. Lawrence and Mrs. Mary Cone

The Cones bought the property from Fallows in 1975 and owned it for approximately 46 years. They played a significant role in stewardship of the property. In 1989, they added a room for a bar, which was a sensitive addition to the house which responds to the original design and vocabulary of the architecture.

In 1999, they constructed a morning room addition on the east side of the dwelling which also responds to the established vocabulary of the original design of the house. Both additions are harmonious w ith the original design and respond to the Secretary of the Interior’s Guidelines for Historic Preservation. The guidelines specifically state that new additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment . 12 The garden of
varied and unusual desert plants was also created by the Cones.

Lawrence Arthur Cone, M.D. (1928-2009) was Board Certified in Internal Medicine with subspecialties in Oncology, Immunology and Infectious Diseases. An esteemed researcher and clinical diagnostician, Lawrence Cone's research in the etiology of disease was extensive and far -reaching including diseases from asthma, hepatitis and endocarditis to multiple sclerosis, pneumonia and sepsis to prostate cancer, Acquired Immune Deficiency Syndrome, breast cancer and lung cancer. Dr. Cone published hundreds of clinical abstracts, research papers and medical texts. He was a sought -after speaker, presenting his research abroad in England, Germany, Australia, Malaysia, Spain, France, Austria, Italy, Argentina, Turkey, Japan and South Africa. He also conducted research for numerous pharmaceutical companies.

He was a physician for 55 years.

He graduated from James Monroe High School in Bronx, NY which he attended from 1943 to 1945. Three years later he received his BA degree from New York University, College of Arts and Pure Science, University Heights, NYC. In 1953 Lawrence A. Cone received his medical degree from the University of Berne, Faculty of Medicine, Berne, Switzerland. He interned at Dallas Methodist Hospital in 1954- 1955 and was a Resident in Medicine at both Flower Hospital and Metropolitan Hospital in New York City through 1960. From 1955-1957 Dr. Cone served his country. He was a first Lieutenant in the Medical Corps at Fort Sam Houston, San Antonio, Texas and then Captain and Commanding Officer of the 269th Medical Detachment, Wertheim, Germany. He married Mary Osborne on August 20, 1960, in Olive bridge, NY.

Dr. Lawrence Cone came to Eisenhower Medical Center in 1972 and served as President of the Eisenhower Medical Center from 1986 to 1988. He was considered a genius and the epitome of perseverance. He was a fierce advocate for Eisenhower Medical Center, for his patients, and for the pursuit of knowledge. Dr. Lawrence Cone had a passion for challenges, including AIDS at its onset and other exotic diseases.

Lawrence Cone's interests were as diverse as his talents. They ranged from American Indian to western art to nature and to science. As a physician, passion ignited intensity; and Dr. Cone was known for his energetic intervention and staunch advocacy on beh alf of his patients. His research brought numerous clinical trials to Eisenhower providing other critical medical resources for patients of Eisenhower Medical Center. He was also devoted to education and was a strong proponent of establishing an academic affiliation for Eisenhower Medical Center. Rocky Mountain College honored him in 1993 with a Doctor of Science, Honoris Causa Degree, where he also gave the commencement address. In September 2007 he dedicated the Lawrence A. Cone, MD Medical Library, St. Luke's Wood River Valley Medical Center, Ketchum, Idaho. He epitomized academic excellence and practiced at a community hospital.

12 The Secretary of the Interior’s Standards for the Treatment of Historic Properties. Revised by Anne E. Grimmer, 2017.

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35 In 2000, Dr. Cone established the Genetic Research Institute of the Desert, merging his keen interest in infectious diseases and medical oncology with the field of genetics. The first molecular biology research lab in Coachella Valley, Genetic Research Institute of the Desert conducts research on the potential of an individual to develop cancer, or other diseases, and develops preventative and therapeutic strategies to an individual's unique genome.

Environmentally aware, Dr. Cone was also a supporter of the Living Desert and the Bighorn Institute. He conducted research on the endangered Bighorn Sheep, identifying a type of pneumonia that was threatening the Bighorn population and a treatment and vaccination protocol for the sheep. Dr. Cone was a member of the Tamarisk Country Club, the O’Donnell Golf Club, and the Lotos Club, one of the oldest literary clubs in the United States.

Architecture

The Fallows -Cone Residence is a single- family residence, zoned R -1-C, originally consisting of an approximately 3,180 square foot house and 462 square foot attached garage. High ceilings, a spacious floor plan, stunning desert gardens and walls of floor -to-ceiling glass bring the outdoors inside. The gardens were originally designed by Randall Lewis of Xerophyte Garden Design during the residency of the second owners of the home, Dr. Lawrence and Mary Cone. The spectacular gardens can be seen from most rooms in the house. The current owners of the home commissioned Randall Lewis for the preservation and restoration of the original garden design.

The period of significance relative to this historic property is 1971-1976, as originally designed and constructed by the masterful team of homeowner, contractor, and designer. The property was owned by Dr. Fallows for four years, then purchased by Dr. Cone. The period of significance is established by the ownership of the property by Dr. Fallows, then by Dr. Cone. Per Historic Resources Group, City of Palm Springs Citywide Historic Context Statement; Survey Findings. (Final Draft, December 2018) the style of the home is most likely categorized as Late Modern, 1970+. The categories conclude with Post World War II Palm Springs (1945-1969).

Late Modern is a blanket term used to describe the evolution of Modern architecture from the mid 1950s through the 1970s. It is typically applied to commercial and institutional buildings. Unlike the straightforward, functionalist simplicity of International Style and Midcentury Modernism, Late Modern buildings exhibit a more deliberate sculptural quality with bold geometric volumes, uniform surfaces such as glass skin or concrete, and a sometimes-exaggerated expression of structure and systems.

Significant architects who produced works in the style include Marcel Breuer, Philip Johnson, Cesar Pelli, Piano and Rogers, and John Portman. A Palm Springs example from the late 1960s is the Alan Ladd building at 500 S. Palm Canyon Drive, designed by Kaptur and Lapham. Character-defining features include bold geometric volumes, large expanses of unrelieved wall surfaces, uniform use of cladding materials including glass, concrete, or masonry veneer, exaggerated expression of structure and systems, hooded or deeply set windows, and little or no applied ornament.

An argument to include residential architecture within this category can be substantiated. The house reflects elements of Modernism which include a mix of forms and materials. Earth tones and traditional materials like rock and wood were used as veneers to balance and soften spaces. Designers were experimenting with various continuations and divergences from Modernism, and developing the material, formal, and linguistic framework that would shape the profession through the remainder of the twentieth century. The buildings of the 1960’s had some inadequacies in terms of weatherability, with thin, uninsulated roofs and glass walls. In the 1970’s the shapes tended to get thicker and

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36 heavier. Architecture began to respond to the energy crisis of the 1970’s and various economic factors. During the 1970’s, we often see architects’ flirtation with brutalism and post modernism.

Character-defining features include:

• Original horizontal fascia.
• Large overhangs surrounding the perimeter of the house. • Flat roofed one-story structure.
• Walls of glass; large, fixed panels, sliding glass doors, frameless clerestory windows. • Original black anodized aluminum Fleetwood doors and windows. • Flexible interior spaces.
• Pecky cypress wood paneling at interior walls.
• Original travertine sunken bathtub in Master Suite.
• Original atrium in Master Suite.
• Large, spacious closets in private quarters.
• Original footprint of the house, without future additions. • Interior ceiling soffits with uplighting.
• Marble clad fireplace in Living Room.
• Swimming pool.
• Skylights.
• Prominent main entry with full height double doors.

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37 Main entry showing soffit penetrations
(Photo 2025)

Main entry showing fenced addition
(Photo 2020)

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38 Front façade with replacement doors responding to original design and circular driveway (Photo 2024) Original black aluminum sliding doors (Photo 2025)

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38 Original sunken tub in Master Suite
(Photo 2025)

Original kitchen skylight (photos 2025) Original skylights

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39 living room with original floating soffit and textured walls (photo 2025) original pecky cypress wall (photo 2025)

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40 original dining room looking towards bar addition (1989) (Photo 2025)

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41 Chronology of Ownership
• Dr. Alan and Mrs. Fallows (January 1971-1975) 4 years • Dr. Lawrence Cone and Mrs. Cone (1975 - April 2021) 46 years • Joan and Gary Gand (April 2021 – present)
Changes and Additions.

The following additions and modifications have been made to the residence since it was originally constructed:

• June 1980 – Relocation of Laundry Facilities.
• October 1989 – Construction of addition to the dwelling to be a bar area, off dining room. • May 1991 – re-roof – built up composition roof.
• March 1999 - Construction of morning room addition on east side of dwelling, remodel kitchen and add sink in laundry room.
• Replacement of concrete driveway with pavers.
• October 2006 – solar panel installation on roof.
• June 2012 – add additional solar panels on roof.
• December 2016 – re-roof – urethane roof.

Addition (1989) (Photo 2025)

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42 Addition – office, aka morning room (1999) (Photo 2025)

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43 Original Site Plan (1971, Thomas Jakway)

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44 Original Floor Plan (1971, Thomas Jakway)

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45 Original Elevations (1971, Thomas Jakway)

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46 Original Interior Elevations & Sections (1971, Thomas Jakway)

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47 Background / Historic Context

The relatively short history of Palm Springs can be organized into several distinct periods, as defined by the Historic Resources Group’s Citywide Historic Context Statement & Survey Findings. These include the following:

• Native American Settlement to 1969
• Early Development (1884-1918)
• Palm Springs between the Wars (1919-1941)
• Palm Springs during World War II (1939-1945)
• Post-World War II Palm Springs (1945-1969)
• Palm Springs (1970+) (not included in HRG Survey)

It is within the context of the period “Palm Springs 1970+” the Fallows Residence will be evaluated.

Evaluation:

Finding 1: Eligibility Criteria | Palm Springs Class 1 Historic Resource

A site, structure, building or object exhibits exceptional historic significance and meets one or more of the criteria listed below, may be found eligible for designation as a historic resource. (PSMC

8.05.070.C.1.a)

Criterion i: The resource is associated with events that have made a meaningful contribution to the nation, state or community.

While the development of the Vista Las Palmas neighborhood is certainly notable in respect to the social and architectural heritage of Palm Springs, no evidence has been found to support that any exceptional events are associated with the subject property that made a meaningful contribution to national, state or local history. As such, the property does not appear to have historical significance under Criterion i.

Criterion ii: The resource is associated with the lives of persons who made a meaningful contribution to national, state, or local history.

The subject property is associated with the life of Dr. Alan Fallows and Dr. Lawrence Cone. Dr. Fallows’ notoriety was due to his occupation as an optometrist. Alan Fallows and his wife, Irene, were active members of Palm Springs high-society. The property was sold to Dr. Lawrence Cone. Dr. Cone and his wife, Mary, were instrumental in the medical profession. Dr. Lawrence Cone was an esteemed researcher and diagnostician. He was acclaimed within the Palm Springs community for his extraordinary work, including AIDs research and treatment. The property has historical significance under Criterion ii.

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48 Criterion iii: The resource reflects or exemplifies a particular period of national, state, or local history.

The Fallows-Cone Residence was designed by a young man who eventually became a locally prominent architect. The stylistic markers of the building place it directly in the historic context of Palm Springs ‘Late Modern Period’. The Fallows Residence represents a prime and intact example of the significant modernist architecture for which Palm Springs is internationally known. Walls of glass, whether fixed or sliding, and frameless clerestory windows, contribute to the overall successful indoor/outdoor relationship. As such, the Fallows residence may be viewed as an important component of the historic trends that have come to defining Palm Springs image as a center of important Modern architecture, i.e. an historic trend that exemplifies a particular period of national, state, or local history. The Palm Springs School of Architecture defines this period as a local movement with broad influence. This historic trend exemplifies a particular period of the national, state, or local history.

The Fallows-Cone Residence qualifies for listing as a Class 1 Historic Site on the local registry under Criterion iii.

Criterion iv: The resource embodies the distinctive characteristics of a type, period or method of construction.
"Type, period, or method of construction" refers to the way certain properties are related to one another by cultural tradition or function, by dates of construction or style, or by choice or availability of materials and technology. To be eligible under t his Criterion, a property must clearly illustrate, through "distinctive characteristics" a pattern of features common to a particular class of resources. "Distinctive characteristics" are the physical features or traits that commonly recur in individual ty pes, periods, or methods of construction. To be eligible, a property must clearly contain enough of those characteristics to be considered a true representative of a particular type, period, or method of construction. Characteristics can be expressed in terms such as form, proportion, structure, plan, style, or materials.

The Fallows-Cone Residence (1972) is eligible under the Late Modern Architecture Period because it possesses distinctive characteristics that embody the Modern expression of structure by its form, structure, plan, style, and materials. The Fallows Residence, built in 1972, was one of Tom Jakway’s first residential commissions. Although several modifications occurred during the occupancy of the Fallows and the Cones, sensitive design retained character defining features of Jakway’s desert modern aesthetic.

The current condition of the house maintains the design attributed to the period of the Fallows’ residency.

The Fallows Residence exemplifies Jakway’s early residential work. The architect explored and embraced new materials that came out of innovation during the 1970’s. The concepts of integrating natural materials, i.e. wood, an open floor plan, and the use of large glass areas that face away from public view while providing outlooks to private gardens throughout the private site, are displayed here. Outdoor spaces contribute as much to the design as indoor spaces, and projecting overhangs for shade are evidence of the Architect’s guiding principles that have been retained throughout the years , initially inspired by Don Wexler, a master architect of the former generation, and remains timeless design.

The Fallows-Cone Residence qualifies for listing as a Class 1 Historic Site on the local registry under Criterion iv.

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49 Criterion v: The resource: represents the work of a master builder, designer, artist, or architect whose individual genius influenced his age; or that possesses high artistic value.

A master is a figure of generally recognized greatness in a field, a known craftsman of consummate skill. The property must express a particular phase in the development of the master's career, an aspect of his work, or a particular idea or theme in his craft. The property is not eligible as the work of a master, however, simply because it was designed by a prominent architect. For example, not every building designed by Frank Lloyd Wright is eligible under this portion of Criterion v, although it might meet other Criteria.

The Fallows-Cone Residence does not qualify for listing as a Class 1 Historic Site on the local registry under Criterion v.

Criterion vi: The resource represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists.

The Fallows-Cone Residence historic significance does not rely on other properties or associated development and does not appear to have historical significance under Criterion vi.

Criterion vii: The resource has yielded or may be likely to yield information important to national, state, or local history or prehistory.

No evidence has been found to support the fact that the property has yielded or is likely to yield information important to national, state, or local history or prehistory, and as such, the Fallows-Cone Residence does not appear to have historical significance under Criterion vii.

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50 7. Integrity Analysis (using U.S. Secretary of Interior Standards) INTEGRITY: The property’s significance in terms of its historic integrity pursuant to PSMC Section

8.05.070 C.1.b, and is evaluated as follows:

Integrity is the ability of a property to convey its significance. To be listed in the local registry, a property must not only be shown to be significant under the criteria, but it also must have integrity. The evaluation of integrity is sometimes a subjective judgment, but it must always be grounded in an understanding of a property's physical features and how they relate to its significance. Historic properties either retain integrity (that is, convey their significance) or they do not. The definition of integrity includes seven aspects or qualities. To retain historic integrity a property will always possess several, and usually most, aspects.

The retention of specific aspects of integrity is paramount for a property to convey its significance.

Determining which of these aspects are most important to a particular property requires knowing why, where, and when the property is significant. The following sections define the seven aspects and explain how they combine to produce integrity.

LOCATION

Location is the place where a historic property was constructed or the place where an historic event occurred. The relationship between the property and its location is often important to understanding why the property was created or why something happened. The actual location of a historic property, complemented by its setting, is particularly important in recapturing the sense of historic events and people. Except in rare cases, the relationship between a property and its historic associations is destroyed if the property is moved.

The Fallows -Cone Residence is located prominently in Vista Las Palmas Estates. The residence is bounded north by Via Vadera and east by Vista Vespero. The site and scenic views remain intact . The Fallows Residence remains in its original location and therefore qualifies under this aspect of integrity.

SETTING

Setting is the physical environment of a historic property. Whereas location refers to the specific place where a property was built or an event occurred, setting refers to the character of the place in which the property played its historical role. It involves how, not just where the property is situated, and its relationship to surrounding features and open space. Setting often reflects the basic physical conditions under which a property was built and the functions it was intended to serve. In addition, the way in which a property is positioned in its environment can reflect the designer’s concept of nature and aesthetic preferences
.

At the Fallows -Cone Residence, the views of the mountains remain as stunning as originally designed.

The landscape organically engages with the interiors of the structure, as originally intended. The setting of The Fallows Residence continues to reflect the architect’s original design relationship of site and structure. It is a one-story, horizontal, modern single-family home. The integrity of setting has not been lost with the complete building out of the subdivision and the street configurations. The desert that was prevalent in the area during the resource’s period of significance remains. Vista Las Palmas was built out, nearly in completion, by 1972. (See aerial photo, page 15)

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51 DESIGN

Design is the combination of elements that create the form, plan, space, structure, and style of a property.

It results from conscious decisions made during the original conception and planning of a property and applies to activities as diverse as communit y planning, engineering, architecture, and landscape architecture. Design includes such elements as organization of space, proportion, scale, technology, ornamentation, and materials. A property’s design reflects historic functions and technologies as well as aesthetics. It includes such considerations as the structural system; massing; arrangement of spaces; pattern of fenestration; textures and colors of surface materials; and type, amount, and style of ornamental detailing.

The Fallows-Cone Residence essential characteristics of form, plan, space, structure, configuration, and style retain integrity of design. Similarly, the structural system, massing, arrangement of spaces, pattern of fenestration, and the type, amount, and style of detaili ng remain. These character defining features remain intact. The garage remains as originally designed. The garage is a signature element of the turning point from mid-century carport design in residential architecture in the desert.

Though changes to the property have occurred since construction in 1972, the changes were made following the modernist concept that the home was designed for flexible spaces, as dictated by the needs of the occupants. Most of the finishes, that are not original, are reversible.

MATERIALS

Materials are the physical elements that were combined or deposited during a particular period, and in a particular pattern or configuration , to form a historic property. The choice and combination of materials reveals the preferences of those who created the property and indicates the availability of types of materials and technologies.

The Fallows-Cone Residence materials successfully represent typical 1970’s modern design, with stucco, wood and glass. Fenestration patterns remain, and original black aluminum doors and windows remain.

The manufacturer is Fleetwood Windows & Doors, founded in 1961, drawing inspiration from the Fleetwood Brougham Cadillac and Fleetwood 60 Special, epitomes of modern era luxury that represented style, craftsmanship, and innovation. Anodizing dates to 1923, and black anodized aluminum emerged commercially in the late 1930’s, early 1940’s.

WORKMANSHIP

Workmanship is the physical evidence of the crafts of a particular culture or people during any given period in history or prehistory. It is evidence of artisan’ s labor and skill in constructing or altering a building, structure, object, or site. Workmanship can apply to the property as a whole or to its individual components.

It can be expressed in vernacular methods of construction and plain finishes or in highl y sophisticated configurations and ornamental detailing. It can be based on common traditions or innovative period techniques. Workmanship is important because it can furnish evidence of the technology of a craft, illustrate the aesthetic principles of a historic or prehistoric period, and reveal individual, local, regional, or national applications of both technological practices and aesthetic principles.

The Fallows -Cone Residence was designed and built using straight -forward materials and modes of workmanship. The plans and elevations reflect the modern period of architecture in which often it was the rational application of a structural module that informs the size, scale, volume, massing and layout of a building which is typical of workmanship found in the Late Modern period of Palm Springs.

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52 FEELING

Feeling is a property’s expression of the aesthetic or historic sense of a particular period. It results from the presence of physical features that, taken together, convey the property’s historic character. For example, a rural historic district retaining original design, materials, workmanship, and setting will relate to the feeling of agricultural life in the 19th century.

The Fallows-Cone Residence is sited on a lot which takes advantage of panoramic mountain views to the west and south. The single-family home conveys the feeling of the desert modernist period for which Palm Springs is internationally known. The original driveway design and approach to the entry of the home retains integrity of feeling.

ASSOCIATION

Association is the direct link between an important historic event or person and a historic property. A property retains association if it is the place where the event or activity occurred and is sufficiently intact to convey that relationship to an observer. Like feeling, association requires the presence of physical features that convey a property’s historic character. For example, a Revolutionary War battlefield whose natural and man-made elements have remained intact since the 18th century will retain its quality of association with the battle. Because feeling and association depend on individual perceptions, their retention alone is never sufficient to support eligibility of a property for the designation of a historic resource.

The Fallows-Cone Residence displays architectural signatures of the desert Late Modern period, including deep overhangs, incorporating desert landscape, and large expanses of glass. It is easily recognized as an example of the modernist movement of architecture for which Palm Springs is internationally recognized.

INTEGRITY SUMMARY:

The Fallows-Cone Residence appears to be in excellent condition partially due to the use of construction materials suitable for the harsh desert environment and its overall design. This analysis confirms that the building and site of The Fallows Residence still possesses several aspects of integrity. In summary, the site exhibits sufficient integrity to qualify for designation as an Historic Site.

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52 Bibliography
Attached is a list of books, articles, and other sources cited or used in preparing this application and other documentation that may be relevant.

Books

Bogert, Frank. Palm Springs First Hundred Years. Palm Springs Heritage Associates, 1987.

Cygleman, Adele. Palm Springs Modern: Houses in the California Desert. New York, NY: Rizzoli International Publications Inc., 1999.

Harlan, James R. The Alexanders: A Desert Legacy. Palm Springs: Palm Springs Preservation Foundation, 2011.

Hess, Alan. The Desert Modernists: The Architects Who Envisioned Midcentury Modern Palm Springs.

Palm Springs: Modernism Weekend Desert Publications, 2015: pp. 119-121.

Hess, Alan. The Palm Springs School: Desert Modernism 1934-1975. New York, NY: Rizzoli International Publications, Inc., 2025.

McGrew, Patrick. Donald Wexler: Architect. Palm Springs: Palm Springs Preservation Foundation, 2009.

Niemann, Greg (2006). Palm Springs Legends: creation of a desert oasis. San Diego, CA: Sunbelt Publications, 2005.

Street-Porter, Tim. Palm Springs: A Modernist Paradise. New York, NY: Rizzoli International Publications, Inc., 2018.

Treinen, Steve. Canyon Country Club: History and Design of Palm Springs Garden of Eden. Palm Springs Preservation Foundation, 2025.

Wiener, Stewart. Desert Modernists: The Architects Who Envisioned Midcentury Modern Palm Springs. Palm Springs, CA: Modernism Week and Desert Publications Inc., 2015.

Other Documentary Sources
Desert Sun newspaper:

“New Faces”, photo, November 23, 1962.

Advertisement, February 3, 1964.
“Happy birthday at Raquet Club”, photo, November 16, 1966. “Groundbreaking ceremony”, photo, May 8,1968.
“Palm Springs construction club”, photo, May 15, 1971.
“Auction set for March 16 for house built by construction club”, March 7, 1972. “EMC sets seminar on disease”, November 29, 1975.
“WAIF Prexies Honored at Ball”, April 9, 1976.

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53 Announcement, December 20, 1977.

Announcement, May 7, 1979.
“Opera guild names officers”, June 19, 1979.
“Opera brunch planned”, October 28, 1980, p. B6.
“Palm Springs Opera Guild draws curtain for Ball”, March 10, 1980, p. B7. “Optical Service Expands”, June 11, 1983, p. D19.
“Dr. Cone’s name always comes up”, April 30, 1993.
https://vistalaspalmas.org/history

https://www.palmspringsca.gov/government/departments/planning/historic -resources/citywide-historic- survey

https://mail.google.com/mail/u/0/#inbox/FMfcgzQZTVvxSjBDGqFlzwsMSxWlWTMV

https://www.legacy.com/us/obituaries/thedesertsun/name/lawrence-cone-obituary?id=7294741

Historic Resources Group. City of Palm Springs Citywide Historic Context Statement; Survey Findings. (Final Draft, December 2018). 765 Via Vadera is not included in the Citywide Historic Resource Inventory as a Contributor.

City of Palm Springs Building Permits, as listed in nomination.

The Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring & Reconstructing Historic Properties. U.S. Department of the Interior, National Park Service, Technical Preservation Services, Washington, D.C. Revised by Anne E.

Grimmer, 2017.

Other Sources Consulted

City of Palm Springs (Planning and Building Departments)

Palm Springs Historical Society

Interview with Tom Jakway, Architect. February 3, 2025.

Email correspondence with Adele Cygleman, Janice Feldman, Ronnie Farrows (June 16-26, 2025).

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ATTACHMENT D
(HSPB Resolution, Report, Minutes)

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HISTORIC SITE PRESERVATION BOARD

STAFF REPORT

DATE: December 2, 2025 PUBLIC HEARING

SUBJECT: APPLICATION BY JOAN AND GARY GAND FOR HISTORIC SITE DESIGNATION OF “THE FALLOWS RESIDENCE” LOCATED AT 765 VIA VADERA, (APN 505-093-005) CASE: HSPB #168 (SY)

FROM: Department of Planning Services

SUMMARY

The current propert y owners, Joan and Gary Gand, are seeking Class 1 historic designation of the home located at 765 Via Vadera. This single-family home in the Vista Las Palmas neighborhood was a custom-designed home by local architect Tom Jakway.

The period of significance for this site is its completion date of 1972.

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

RECOMMENDATION:

1. Open the public hearing and receive public testimony.

2. Close the public hearing and adopt Resolution HSPB #168, “A RESOLUTION OF

THE HISTORIC SITE PRESERVATION BOARD OF THE CITY OF PALM

SPRINGS, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL DESIGNATE “THE FALLOWS RESIDENCE” LOCATED AT 765 VIA VADERA, AS A CLASS 2 (HISTORIC MERIT ) HISTORIC RESOURCE, HSPB #16 8, (APN #505-093-005).”

BACKGROUND AND SETTING:

Identified in the report as “The Fallows Residence”, it has been 53 years since this home was completed. This single -story structure represents residential architecture in the 1970s during the Late Modern period. After purchasing the home in 2021, Joan and Gary Gand restored it to its original state with the goal of preserving and acknowledging the significance of 1970s architecture as it comes of age. Currently, the City ’s context statement ends in 1969.

During the last inventory update, this home was not identified as a Class 3 site, therefore, maintains its Class 4 status due to its construction date.

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Historic Site Preservation Board Staff Report December 2, 2025 HSPB-168 – The Fallows Residence

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AERIAL VIEW OF THE SUBJECT PARCEL.

NORTH (FRONT) ELEVATION FROM VIA VADERA, 2025.

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

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

Ownership Status
April, 2021 Purchased by the current owner.

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Historic Context Statement “Post-World War II (1945-1969)”

After the wars, Palm Springs entered a period of economic vitality which fueled the housing industry. Since the 1930s, Palm Springs has always attracted creatives, artists, and entrepreneurs to the area. The dry climate became ideal conditions for experimenting with new building materials and techniques, and designers were constantly implementing new ideas that would be rapidly adopted into common practice.

During this period, some of the most influential architects and designers like Donald Wexler, William Cody, E. Steward Williams, Herbert Burns, Stan Sackley, and Arthur Elrod were working in Palm Springs . Concentration of this type of genius in the desert has recently been recognized as a school of thought known as The Palm Springs School of Desert Modernism (1934-1975).
1 The impact of this movement was profound at th at
time and continues to influence the design community today.

Context: Post-World War II Palm Springs (1945-1969)
Theme: Post World War II Single-Family Residential (1945-1969) Registration Requirements: To be eligible under this theme, a property must:
 Date from the period of significance; and
 Represent an excellent example of an architectural style or method of construction; or be associated with a significant architect or designer; and  Display most of the character-defining features of the property type or style; and
 Retain the essential aspects of historic integrity.

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

ANALYSIS:

A historic resources report (“the report”), site visit, and city documents and forms are the basis of this staff report.

765 Via Vadera is a single-family home on a 0.30-acre corner lot in the residential R-1-C zone district. The home is situated closer to the south portion of the lot and the front is hardscaped with pavers for easy vehicular access to the side-loading garage. The

1 Alan Hess, The Palm Springs School: Desert Modernism 1934-1975, (Rizzoli, 2025).

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landscaping in front of the home appears to be drought tolerant material mixed in with the mature trees. As part of the restoration efforts, the non-original wall that was in front of the main entrance into the home was removed and the exterior was repainted.

Historic Preservation activities in Palm Springs are regulated under Municipal Code Section 8.05 (“ Historic Preservation” ). The purpose of the Historic Preservation Ordinance is:

“…to stabilize and improve buildings, structures or areas which are considered to be of historical, architectural, archaeological or ecological

value, to foster civic beauty, to strengthen the local economy and to promote the use of historic resources for the education and welfare of the citizens.”

Conditions that apply to Class 1 historic sites or resources:

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

8.05.020.

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

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

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

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

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

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

Criteria for the Designation of Class 1 Historic Resources. A site, structure, building or object may be designated as a Class 1 historic resource, provided both of the following findings (“a” and “b”) are met:

a. The site, structure, building or object exhibits exceptional historic significance and meets one or more of the criteria listed below:

765 Via Vadera was specifically designed for the Fallows in the Late Modern style.

(Criterion i) The resource is associated with events that have made a meaningful contribution to the nation, state or community;

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No information was found indicating any significant events occurred on this site. The site does not qualify under criterion i.

(Criterion ii) The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history;

The Fallows lived in the home for 4 years and then sold the property to the Cone family in 1975. They lived in the home for the next 46 years before selling to the current owners.

Based on the information in the report, the homeowners do not qualify for criterion ii.

(Criterion iii) The resource reflects or exemplifies a particular period of national, state or local history;

The Late Modern style extends into the 1970s where building forms are expressive or slightly exaggerated and the use of ornamentation is discouraged. Volumes are bold, and exterior surfaces are uniform .
2 The Fallows Residence utilizes simple forms with
exaggerated openings spanning from the floor to the ceiling and the use of ornamentation was limited to light fixtures. If design associated with the Late Modern style is considered a national or international movement, the principles of Desert Modernism were a localized aesthetic that took the desert environment into account. Deep overhangs are commonly utilized to protect the indoor/ outdoor spaces and desert landscaping was often incorporated into the overall experience of the site . During this time , thick and heavy geometric forms were used in response to the energy crisis of the 1970s . Additionally, Palm Springs began to experience a shift in its cultural identity with the emerging LGBTQ community. The Fallows Residence was designed and constructed during this period in Palm Springs history. Staff finds criterion iii is met.

(Criterion iv) The resource embodies the distinctive characteristics of a type, period or method of construction;

Palm Springs evaluates criterion i v as a distinctive characterist ic associated with construction type, construction period, and construction methods. This residential home appears to have been constructed with conventional methods and materials. Criterion iv is not met.

(Criterion v) The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value;

According to the historic resources report, this home was local architect Tom Jakway ’s first residential commission. While Jakeway remains an active member of the community, this fact alone does not recognize you as a master architect. Criteria v is not met.

2 City of Palms Springs Citywide Historic Context Statement & Survey Findings “Architectural Styles”, pg. 371.

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Historic Site Preservation Board Staff Report December 2, 2025 HSPB-168 – The Fallows Residence

Page 6 of 8 ends

The resource is not within a historic district and does not qualify under Criterion vi.

(Criterion vii) The resource has yielded or may be likely to yield information important to national, state or local history or prehistory.

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

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

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

Location.

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

Design.

The design of this home uses simple, yet bold geometric volumes and deeply recessed openings at the front entry and rear porch feat ure. The lines on the building and the overhangs utilize a consistent scale, and exterior surfaces are smooth and flush with little to no applied ornamentation. Landscape design is used to soften any harsh edges while bringing the natural desert environment into the design. The later additions try to be sympathetic to these pre-existing design principles. The integrity of design is respected.

Setting.

The natural landscape beyond the single-family subdivision has a visual presence. When this home was completed in 1972, the Vista Las Palmas neighborhood was nearly complete and remains in that condition. The integrity of setting is intact.

Materials.

The exterior of the home has smooth stucco walls, wood, glass and Fleetwood windows and doors. The materials remain consistent with the original design.

Workmanship.

The exterior details are clean, simple, and well-maintained. The edges of the stucco walls are crisp, and the smooth operation of the sliders and windows indicate good workmanship and constant maintenance.

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Historic Site Preservation Board Staff Report December 2, 2025 HSPB-168 – The Fallows Residence

Page 7 of 8 ends

Feeling.

The single-family home is in a residential neighborhood with homes of similar scale. The integrity of feeling remains intact.

Association.

The property is associated with the Desert Modernist movement and the Late Modern style as defined in the context statement for Palm Springs. The integrity of association remains visible.

DEFINING HISTORIC CHARACTERISTICS:

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

Character-defining features on page 36 of the historic resources report and the staff analysis of important features are listed as follows:

• Site design.
• Circular driveway.
• Main entry soffit penetrations.
• Recessed front entrance with deep rectilinear overhangs. • Original horizontal fascia.
• Large overhangs surrounding the perimeter of the home. • Flat roof, one-story structure.
• Walls of g lass; large, fixed panels, sliding glass doors, frameless clerestory windows.
• Original black anodized aluminum Fleetwood doors and windows. • Pecky cypress wood wall panels (interior).
• Original travertine sunken bathroom in master suite (interior). • Original atrium in master suite.
• Original footprint of the home, without future additions. • Interior ceiling soffits with uplighting (interior).
• Marble clad fireplace in living room (interior).
• Swimming pool.
• Interior skylights.

Non-contributing elements:
• Bar area addition off dining room (1989)
• Morning room addition on east side of home
• Replacement pavers for driveway
• Solar panels on roof

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Historic Site Preservation Board Staff Report December 2, 2025 HSPB-168 – The Fallows Residence

Page 8 of 8 ends

ENVIRONMENTAL ASSESSMENT:

NOTIFICATION:

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

CONCLUSION:

The Fallows Residence i s a resource that clearly reflects the period in which it was constructed by meeting criteri on iii and possess es a leve l of integrity but is short of demonstrating exceptional significance; therefore, staff recommends Class 2 designation which recognizes the site for its historic merit.

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

Attachments:

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

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EXCERPTS OF MINUTES

At the Historic Site Preservation Board meeting of the City of Palm Springs, held December 2, 2025, the Historic Site Preservation Board took the following action:

2.C. APPLICATION BY JOAN AND GARY GAND FOR HISTORIC SITE DESIGNATION OF “THE FALLOWS RESIDENCE” LOCATED AT 765
VIA VADERA, (APN 505-093-005) CASE: HSPB #168, (SY).

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

Joan Gand (applicant) spoke in favor of having a historic designation application.

Public Comment:

Jade Nelson, Susan Secoy-Jensen and William Grimm spoke in support of the historic designation application.

Motion by Chair Hansen, seconded by Member Paonessa to adopt the amended findings by including criterion 2 and recommending that the City Council designate “The Fallows-Cone Residence” (HSPB 168) as a Class 1 historic site. This action is not a project pursuant to CEQA>

AYES: Hansen, Bachman, Moruzzi, Paonessa, Herr.

NOES: None.

ABSENT: Maschka Hitchcock, McCready.

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ATTACHMENT E
(Public Comments)

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03-004-2025-030
Dear Ms. Sarah Yoon,
The Agua Caliente Band of Cahuilla Indians (ACBCI) appreciates your efforts to include the Tribal Historic Preservation Office (THPO) in the 765 Via Vadera project. We have reviewed the documents and have the following comments:
[VIA EMAIL TO:[email protected]]
City of Palm Springs
Ms. Sarah Yoon
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
December 03, 2025
Re: 765 Via Vadera
Again, the Agua Caliente appreciates your interest in our cultural heritage. If you have questions or require additional information, please call me at (760) 883-1134. You may also email me at [email protected].

Cordially,
Claritsa Duarte
Cultural Resources Analyst
Tribal Historic Preservation Office

AGUA CALIENTE BAND

OF CAHUILLA INDIANS
# * The THPO concurs with the Class 1 Historic Resource nomination for the 765 Via Vadera, Palm Springs, CA property.

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Dear City Council,
I am writing to you to fully support the historic designation of the Fallows Residence @ 765 Via Vadera in Vista Las Palmas (VLP).

I feel it is important for you all to fully understand my reasons for supporting this historic designation: quality of life, neighborhood characteristics, economic and safety.

I have been a part time resident of VLP for over 25 years. (I bought my home in 2000.) I have been coming to Palm Springs for almost 30 years. My initial trips always included excursions to Vista Las Palmas. Not only are the views mesmerizing, but so is its architecture. Over the years I have seen many homes remodeled. Fortunately, most remodels have maintained their mid century modern roots. I believe we can all agree that VLP is special.

You all know that Palm Springs is a mid century modern mecca. From an economic standpoint, the city benefits greatly from the many mid century modern events that take place like home tours.

VLP holds home tours to raise funds for the community. In the past our neighborhood has donated to the PS Fire and Police Departments, Palm Springs Unified, Palm Springs Animal Shelter and The Center Food Bank to name just a few. Shortly Vista Las Palmas will be awarded ONE-PS Neighborhood of Distinction. By granting the Fallows Residence historic designation you further cement VLP as a mid century modern home mecca. This designation helps elevate the entire neighborhood and helps aid the neighborhood's charitable endeavors.

Undoubtedly you all are aware of the recent devastating LA fires. Like Altadena, Vista Las Palmas is ensconced in undeveloped terrain. Our neighborhood directly abuts the mountains. Access is limited. During June 2024 a fire severely threatened our neighborhood. Although the Tuscany Fire did not originate in our neighborhood it quickly spread and accelerated down the mountain threatening our neighborhood. Similarly, during August 1980 a fire near Dry Falls burned for 2 weeks destroying over 28K acres. By limiting neighborhood housing density the risk associated with an evacuation is manageable. You are probably not aware of several state initiated legislation designed to densify neighborhoods. SB9, SB10 and SB79. Although only SB9 currently applies to Palm Springs that is no guarantee that future legislation will not attempt to increase housing density in Palm Springs as well as VLP. By granting the Fallows Residence historic designation you not only help preserve the character of the neighborhood, but you help limit neighborhood housing density thereby better ensuring the safety of its residents in the event an evacuation is ever necessary. (Note: SB9 does not apply to HOA's nor historically designated homes. Unfortunately recent housing legislation from Sacramento has overridden many local zoning ordinances.) I hope you see the bigger picture in granting the Fallows Residence historic designation. Thank you for your time and consideration.

Respectfully,
Gustav Swanson
981 N. Rose Ave.

From: Gustav Swanson
To: Sarah Yoon
Subject: Historic Designation for Fallows Residence - 765 Via Vadera Date: Wednesday, December 3, 2025 3:32:37 PM
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.

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From: Gustav Swanson
To: Sarah Yoon
Subject: Fallows Residence @ 765 Via Vadera Historic Designation Date: Wednesday, December 3, 2025 11:40:51 AM
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.

Dear Historic Board Members,
I am writing to you to fully support the historic designation of the Fallows Residence @ 765 Via Vadera in Vista Las Palmas (VLP).

I feel it is important for you all to fully understand my reasons for supporting this historic designation: quality of life, neighborhood characteristics, economic and safety.

I have been a part time resident of VLP for over 25 years. (I bought my home in 2000.) I have been coming to Palm Springs for almost 30 years. My initial trips always included excursions
to Vista Las Palmas. Not only are the views mesmerizing, but so is its architecture. Over the years I have seen many homes remodeled. Fortunately, most remodels have maintained their mid century modern roots. I believe we can all agree that VLP is special.

You all know that Palm Springs is a mid century modern mecca. From an economic standpoint, the city benefits greatly from the many mid century modern events that take place like home tours. VLP holds home tours to raise funds for the community. In the past
our neighborhood has donated to the PS Fire and Police Departments, Palm Springs Unified, Palm Springs Animal Shelter and The Center Food Bank to name just a few. Shortly Vista Las Palmas will be awarded ONE-PS Neighborhood of Distinction. By granting the Fallows Residence historic designation you further cement VLP as a mid century modern home mecca.

This designation helps elevate the entire neighborhood and helps aid the neighborhood's charitable endeavors.

Undoubtedly you all are aware of the recent devastating LA fires. Like Altadena, Vista Las Palmas is ensconced in undeveloped terrain. Our neighborhood directly abuts the mountains.

Access is limited. During June 2024 a fire severely threatened our neighborhood. Although the Tuscany Fire did not originate in our neighborhood it quickly spread and accelerated down the mountain threatening our neighborhood. Similarly, during August 1980 a fire near Dry Falls burned for 2 weeks destroying over 28K acres. By limiting neighborhood housing density the risk associated with an evacuation is manageable. You are probably not aware of several state initiated legislation designed to densify neighborhoods. SB9, SB10 and SB79. Although only SB9 currently applies to Palm Springs that is no guarantee that future legislation will not

A – Page 577 of 676

attempt to increase housing density in Palm Springs as well as VLP. By granting the Fallows Residence historic designation you not only help preserve the character of the neighborhood, but you help limit neighborhood housing density thereby better ensuring the safety of its residents in the event an evacuation is ever necessary. (Note: SB9 does not apply to HOA's nor historically designated homes. Unfortunately recent housing legislation from Sacramento has overridden many local zoning ordinances.)
I hope you see the bigger picture in granting the Fallows Residence historic designation.

Thank you for your time and consideration.

Respectfully,
Gustav Swanson
981 N. Rose Ave.

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August 28, 2025
Joan and Gary Gand
765 Via Vadera
Palm Springs, CA 92262
City of Palm Springs Historic Site Preservation Board
3200 Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Honorable Preservation Board,
We respectfully request Class 1 Historic Site designation for our home at 765 Via Vadera, designed in 1971 by architect Tom Jakway. The house represents an important transition from the experimental designs of the 1950s and 1960s to the more spacious and refined late modernist style of the 1970s. Key features include its flat roof, walls of glass, full-height 10’ doors, sunken poolside bar, and expansive interior volumes—all hallmarks of Mid-Century Late Modernism.

Remarkably, our home was Jakway’s first design, completed when he was only 17. He went on to a distinguished architectural career, working with Stan Sackley, Arthur Elrod, Steve Chase, and Don Wexler before expanding his practice nationally.

The 1970s are a significant period in Palm Springs’ architectural story, continuing the legacy of the Alexanders and other mid-century masters. Built on a parcel originally slated for an Alexander home, 765 Via Vadera (completed in 1972) embodies this continuity.

We acquired the home from its second owner, restored it to its original appearance, and preserved its architectural integrity. As longtime preservation advocates, we previously restored and secured historic designation for the Morse House, the first designated property in Vista Las Palmas.

With many late-modernist homes now threatened by redevelopment, recognition of their 50-year significance is urgent. We are honored to steward this property and ask that it be recognized for its place in Palm Springs’ architectural history.

We have engaged Susan Secoy Jensen, AIA, to assist with the nomination process.

Sincerely,

Joan Gand 847-270-4263
Gary Gand 847-380-3560

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CITY COUNCIL STAFF REPORT
DATE: JANUARY 28, 2026 BUSINESS & LEGISLATIVE
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM

SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL
CODE ARTICLE V OF CHAPTER 8.04 OF TITLE 8 REGARDING

UNDERGROUNDING OF UTILITIES AND CLARIFYING

RESPONSIBILITIES AND ENFORCEMENT MECHANISMS FOR

PRIVATE CONNECTIONS TO UNDERGROUND PUBLIC UTILITIES
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

This action will amend Municipal Code Article V of Chapter 8.04 of Title 8, modifying Section 8.04.452 and adding Sections 8.04.453 through 8.04.456 clarifying responsibilities of utility companies, the City and property owners regarding private utility service connections to underground public utilities within a designated time following completion of underground utility projects.

RECOMMENDATION:

1. Conduct first reading and introduce an Ordinance entitled, “AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE ARTICLE V OF CHAPTER 8.04 OF TITLE 8 SECTION 8.04.452 AND ADDING SECTIONS 8.04.453 THROUGH

8.04.456 CLARIFYING RESPONSIBILITIES AND ENFORCEMENT

MECHANISMS FOR PRIVATE CONNECTIONS TO UNDERGROUND PUBLIC UTILITIES”.

2. Authorize the City Manager to execute all necessary documents.

BACKGROUND:

The City supports undergrounding overhead utility wires and poles. Undergrounding improves public safety by reducing the threat of fire, impacts from earthquakes and high wind events, and reduces utility company maintenance costs. It also improves the aesthetics of the community through the elimination of overhead wires.

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City Council Staff Report
January 28, 2026 -- Page 2
Ordinance Amending Article V of Chapter 8.04 PSMC
On November 21, 2024, City Council conducted the first reading of Ordinance No. 2104, amending the Palm Springs Municipal Code Article V of Chapter 8.04 of Title 8 regarding undergrounding of utilities and the formation of new underground utility districts (UUDs) under the Rule 20B Program. The City Council also passed Resolution No. 25261 adopting a policy and procedural document to guide residents in undergrounding overhead electrical and other utilities in their neighborhoods.

The Rule 20 Program was created in the 1970s by the California Public Utilities Commission (CPUC) to assist residents and municipalities with financing the cost of undergrounding their utilities. Rule 20B programs empower private property owners to support the cost of undergrounding projects in their neighborhoods through creation of assessment districts.

Staff have been contacted by various residents that are interested in forming property- owner-funded Utility Undergrounding Assessment Districts (UUDs) to convert overhead utilities to underground and to finance these projects through City revenue bonds secured by a special assessment on their property taxes.

Ordinance No. 2104 adopted January 9, 2025 established a process for owner-funded UUDs to implement undergrounding of public utilities but did not specify the responsibilities of utility companies, the City and the private property owners for private connections to underground public utilities upon completion of the public project. The purpose of this ordinance, Attachment A, is to amend the municipal code to ensure the timely connection of private utility service lines to the public utilities.

STAFF ANALYSIS:

This ordinance is an update to the City’s Municipal Code amending Section 8.04.452 and adding Sections 8.04.453 through 8.04.456 clarifying the responsibilities of utility companies, the City and the property owners to ensure the underground utility project can be successfully completed.

The procedural guidelines adopted by City Council on November 21, 2024 outline five phases in forming a UUD and implementing a utility undergrounding project. The initial phase is designed to allow interested residents to form neighborhood committees and communicate with the City to explore the potential for a utility undergrounding project.

The second and third phases are the Petition and Assessment District Formation phases that will ultimately result in formal voting through the mailing of ballots and the opening and tabulation of ballots at a scheduled Public Hearing. If a majority of the returned ballots (50% +1) are in favor of the project, an Assessment District is formed and the project will advance to design and then construction.

The benefits of utility undergrounding are multiple and include improved aesthetics (removal of unsightly poles and overhead wires), safety (reduced risk of fires caused by exposed electrical lines subject to weather and other natural disasters or impact) and

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City Council Staff Report
January 28, 2026 -- Page 3
Ordinance Amending Article V of Chapter 8.04 PSMC
reliability (underground utilities are better protected, less costly to maintain and less likely to experience outages).

When construction of the main utility underground infrastructure has been completed, and utility company(ies) complete all wiring, power and cabling work, property owners are notified that it is time to perform their private conversions connecting to the newly undergrounded utilities. The assessment amount only covers work performed in the public right-of-way. Therefore, private conversions require property owners to hire a licensed electrician to connect the property’s existing overhead connection to the underground infrastructure. The current Ordinance in the Municipal Code does not provide an enforcement mechanism to ensure that property owners will perform the conversion within the designated time frame. Until all private connections are made, the overhead poles and utilities cannot be removed. Other California cities that have successfully implemented underground utility projects under the Rule 20B program have built into their municipal codes, an enforcement mechanism. The proposed Ordinance clarifies the responsibilities of all parties and enforcement controls to ensure that private conversions will occur in a timely manner.

ENVIRONMENTAL ASSESSMENT:

The proposed specific plan amendment is not subject to the California Environmental Quality Act (“CEQA”) (Public Resources Code Section 21000 et seq.) pursuant to Section 15060(c)(2) of the State Guidelines, because the amendment relates to organizational or administrative activities of government that will not result in a direct or reasonably foreseeable indirect physical change in the environment, and is not a “project” as that term is defined in Section 15378 of the State CEQA Guidelines. As projects are submitted and reviewed for compliance with this amendment, the City will conduct CEQA review as required by law.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with the City Council Priority of “Community Infrastructure”.

FISCAL IMPACT:

None.

REVIEWED BY:

City Engineer: Joel Montalvo
City Attorney: Jeffrey S. Ballinger
Assistant City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Ordinance No. _____

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ATTACHMENT A
Ordinance

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ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, AMENDING PALM

SPRINGS MUNICIPAL CODE ARTICLE V OF CHAPTER

8.04 OF TITLE 8 SECTION 8.04.452 AND ADDING
SECTIONS 8.04.453 THROUGH 8.04.456 CLARIFYING

RESPONSIBILITIES AND ENFORCEMENT MECHANISMS

FOR PRIVATE CONNECTIONS TO UNDERGROUND

PUBLIC UTILITIES
City Attorney’s Summary
This ordinance amends the City of Palm Springs Municipal Code to clarify responsibilities and enforcement mechanisms for private connections to underground public utilities.

WHEREAS, the City’s municipal code sets the requirements for installing service wires and lines, including but not limited to certain overhead electrical lines, underground (“undergrounding”) for new and existing developments and places the responsibility for compliance on the developer and owner; and
WHEREAS, the City supports undergrounding overhead utility wires and poles; and
WHEREAS, undergrounding improves public safety by reducing the threat of fire, impacts from earthquakes and high wind events, and also reduces utility company maintenance costs; and
WHEREAS, undergrounding improves the aesthetics of the City; and WHEREAS, City residents have expressed interest in voluntarily undergrounding service wires, lines, and poles in their residential communities; and WHEREAS, the cost of undergrounding can range in the tens of thousands of dollars per household, or higher; and
WHEREAS, the California Public Utilities Commission (“CPUC”) created the Rule 20 program in the 1970s to assist residents and municipalities with financing the cost of undergrounding; and
WHEREAS, per CPUC Decision 23-06-008, the Rule 20A program, which promoted municipal undergrounding projects, has been effectively terminated; and WHEREAS, the CPUC left its Rule 20B and Rule 20C programs largely intact; and WHEREAS, Rule 20B programs empower private property owners to support the cost of undergrounding projects in their neighborhoods via the implementation of an

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Ordinance No. _____

Page 2 ends

assessment district on properties benefitted by the undergrounding project in order to fiscally support the undergrounding effort, with the cost of undergrounding paid over time and assessed on the property owners’ tax rolls; and
WHEREAS, under Rule 20B, a small portion of the project (typically between 20% and 40% of total costs) is eligible (though not guaranteed) for reimbursement by the utility service provider, with the reimbursement spread across ratepayers; WHEREAS, the formation of an assessment district must follow the strict requirements of Proposition 218 (Articles XIIIC and XIIID of the California constitution); and
WHEREAS, the formation of an assessment district is a multi-stage endeavor, involving an exploratory phase, a petition phase, and a formal vote(s) before the construction phase can begin; and
WHEREAS, the formation of an assessment district is guided by the policies and procedures adopted by the governing body of the municipality in which the proposed district would reside;
WHEREAS, Ordinance No. 2104 amending Palm Springs Municipal Code Article V of Chapter 8.04 of Title 8 regarding undergrounding of utilities and the formation of underground utility districts was adopted on January 9, 2025; and WHEREAS, the current Palm Springs Municipal Code does not specifically address the controls and responsibilities of utility companies, the City and property owners regarding private conversions to newly constructed underground public utilities.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. That the recitals reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Ordinance.

SECTION 2. Code Amendment. Article V, “Undergrounding of Utilities,” of the Palm Springs Municipal Code Chapter 8.04 is amended to read in full as follows. New text is marked in underline, deleted text is marked in strikethrough:
“Article V
Undergrounding of Utilities
§ 8.04.401. New construction.

No certificate of occupancy for new buildings or structures shall be issued unless or until all existing and proposed electrical lines of 35,000 volts or less and overhead service drop conductors, and all gas, telephone, television cable

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Ordinance No. _____

Page 3 ends

service, and similar service wires or lines, which are on site, abutting, and/or transecting, are installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities.
(Ord. 1124 § 1, 1981; Ord. 1306 § 1, 1988; Ord. 1316 § 1, 1988; Ord. 2104, 1/9/2025)
§ 8.04.402. Existing development.
(a) Utility lines of less than 35 kV and overhead service drop conductor(s), including all lines on site, abutting and transecting shall be placed underground when existing buildings or structures are remodeled or expanded where the modification increases the building footprint (exclusive of porches and patios) of an existing structure by more than 10% for multifamily, commercial and industrial uses and by more than 40% for single-family use unless undergrounding is deferred pursuant hereto. Deferral may be permitted by the city engineer under the following circumstances: (1) if the length of line to be undergrounded is less than 300 lineal feet; or (2) if the cost of undergrounding would be excessive in comparison to the value of the improvements being constructed and be a financial hardship; or (3) if there are alternative methods of accomplishing the under-grounding; or (4) there is limited public benefit to the undergrounding.
(b) The overhead service drop conductors shall be placed underground when existing buildings or structures are repaired, remodeled or expanded where the value (as determined for building permit fee purposes by the building code of the city) of such repairs or remodeling or expansion in any calendar year exceeds the assessed valuation of the building or structure, or the amount of $20,000, whichever is less.

The undergrounding of utilities may be waived or deferred by the planning director under the following circumstances: (1) if the cost of undergrounding would be excessive in comparison to the value of the improvements being constructed and be a financial hardship; or (2) if there are alternative methods of accomplishing the undergrounding; or (3) there is limited public benefit to the undergrounding. (c) Wherever in this section deferral of undergrounding is approved, a covenant shall be recorded, running with the land and setting forth the circumstances under which undergrounding shall be required and giving enforcement rights to the city. Among other provisions the covenant shall provide that the covenantor shall waive any right to protest the establishment of any undergrounding assessment district or other area-wide method of funding such undergrounding including any obligation to reimburse other parties for their respective share of such undergrounding cost. The city shall retain the right to underground such

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Ordinance No. _____

Page 4 ends

utilities and to receive from covenantor their respective share of such cost, and to establish a lien against the property should covenantor not pay such funds following reasonable notice.
(Ord. 1124 § 1, 1981; Ord. 1306 § 2, 1988; Ord. 1316 § 2, 1988; Ord. 1518 § 1, 1995; Ord. 2031 § 9, 2020; Ord. 2088, 11/9/2023; Ord. 2104, 1/9/2025)
§ 8.04.403. Responsibility for compliance.

The developer and owner are jointly and severally responsible for complying with the requirements of this chapter and shall make the necessary arrangements with the utility companies to have such facilities, and/or equipment, properly indicated on a site plan to be submitted with the street improvement plans.
(Ord. 1124 § 1, 1981; Ord. 2104, 1/9/2025)
§ 8.04.404. Appurtenances.

For the purpose of this chapter, appurtenances and associated equipment, such as, but not limited to, transformers and terminal boxes, shall be installed underground, except in those instances where surface-mounted transformers or pedestal-mounted terminal boxes or meter cabinets, concealed ducts, or similar appurtenances are specifically permitted in aboveground locations as approved by both the city and the utility company.
(Ord. 1124 § 1, 1981; Ord. 1306 § 3, 1988; Ord. 1316 § 3, 1988; Ord. 2104, 1/9/2025)
§ 8.04.405. Risers.

Risers on poles and buildings are permitted on single lot developments and shall be provided by the developer or owner on the existing pole which services said property. In no such case shall a new pole be installed, unless a hardship exists, in which case, the director of community development, or his or her representative, may waive this requirement.
(Ord. 1124 § 1, 1981; Ord. 2104, 1/9/2025)
§ 8.04.406. Appeal.

The decision of the director of community development is appealable to the planning commission.
(Ord. 1124 § 1, 1981; Ord. 2104, 1/9/2025)
§ 8.04.410. through § 8.04.449. (Reserved)

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Ordinance No. _____

Page 5 ends

§ 8.04.450. Underground utility districts—Definitions.

The following words, terms, and phrases, when used in Sections 8.04.450 through 8.04.452, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Commission" means the California Public Utilities Commission. "Poles, overhead wires, and associated overhead structures" means poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments, and appurtenances located aboveground within a district and used or useful in supplying electric, communication, or similar or associated service.
"Underground utility district" and "district" means that area in the city within which poles, overhead wires, and associated overhead structures are prohibited, as such area is described in a resolution adopted pursuant to Section 8.04.452.
"Utility" includes all persons supplying electric, communication, or similar associated service by means of electrical materials or devices. (Ord. 2104, 1/9/2025)
§ 8.04.451. Underground utility districts—Adoption of undergrounding policies and procedures.

The city council may, from time to time, adopt by resolution those policies and procedures for the exploration, petition, and formation of underground utility districts by interested residents.
(Ord. 2104, 1/9/2025)
§ 8.04.452. Underground utility districts—Assessment district formation and formal votes (weighted and parcel).

The city council shall consider the application and/or petition of the proponents of proposed underground utility districts, provided such application and/or petition complies with the city's then-current policies and procedures for the formation of underground utility districts. If the city council approves the formation, it shall adopt a resolution of initiation and direct the city engineer to prepare the required Proposition 218-compliant Engineer's Report identifying the special benefits the proposed undergrounding project confers to the properties. The Engineer's Report shall determine the precise assessment amount on each property within the proposed district based upon the specific special benefit conferred upon each parcel, taking into account administrative, design, and construction costs quoted by the participating utility companies as

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Ordinance No. _____

Page 6 ends

well as financing costs, making allowances for cost overruns.

The city council shall consider the Engineer's Report and may approve it by resolution. In such event, the city council shall direct the city clerk to mail assessment ballots to all affected property owners, along with a notice of public hearing, as required by Proposition 218. The ballots shall be printed in such a way as to allow affected property owners to indicate their support for, or opposition to, the proposed assessment. Property owners shall have 45 days to return the ballots, which shall be opened and tabulated at the noticed public hearing.

If a majority (50% + 1) of the returned assessment ballots are in favor of the project, as weighted by each assessment amount, the city council will approve a resolution forming the assessment district. Otherwise, the assessment district is not formed. Regardless of whether a property owner voted to approve the formation of the assessment district, upon such formation all owners of property within the newly formed assessment district must make arrangements to pay their assigned portion of the assessment. Property owners may, within 30 days, pay all or a portion of their assessment as calculated in the Engineer's Report and approved by a majority of the returned assessment ballots. Property owners who fail to pay the full amount within 30 days shall be liable for any unpaid amount via bond and a lien on the assessed property. Regardless of whether a property owner voted to approve the formation of the assessment district, the property owner, and their successors or assigns, is responsible for all costs of the private connection between the assessed real property and the resulting underground utility system, when available.
(Ord. 2104, 1/9/2025)
§ 8.04.453. Responsibility of Utility Companies.

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 8.04.452 hereof, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the Commission.
§ 8.04.454. Responsibility of City.

City shall remove at its own expense all City-owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to Section 8.04.452 hereof.
§ 8.04.455. Responsibility of Property Owners.
(a) Every person owning, operating, leasing, occupying or renting a

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building or structure within a district shall construct and provide that portion of the service connection on that person’s property between the facilities referred to in Section 8.04.453 and the termination facility on or within said building or structure being served, all in accordance with the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission. (b) In the event any person owning, operating, leasing, occupying or renting said property does not comply with the provisions of subsection of this section within six months of completion of the public utility underground project, the City Engineer shall post written notice in a conspicuous place on the property being served of the Engineer’s intention to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property, and thirty (30) days thereafter, the City Engineer shall have the authority to order said disconnection and removal. In the alternative, the City Engineer shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof, as shown on the last equalized assessment roll, to provide the required underground facilities within ten days after receipt of such notice. The City Engineer may at their discretion extend the time requirement set forth herein.
(c) The notice to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail on either of such persons, a copy of the notice described in subsection (B) of this section must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises, and a copy of the notice must be addressed to the owner thereof as such owner’s name and last known address appear on the last equalized assessment roll, and when no address appears, to general delivery, City of Palm Springs. If notice is given by mail, such notice shall be deemed, to have been received by the person to whom it has been sent within forty-eight (48) hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the City Engineer shall, within forty-eight (48) hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by ten inches in size, to be posted in a conspicuous place on said premises.
(d) The notice given by the City Engineer to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if said work is not completed within thirty (30) days after receipt of such notice, the City Engineer will provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefitted and become a lien upon such property.
(e) If upon the expiration of the thirty (30) day period, the said required underground facilities have not been provided, the City Engineer shall

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forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the City Engineer shall, in lieu of providing the required underground facilities, have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property. Upon completion of the work by the City Engineer, the City Engineer shall file a written report with the City Council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The City Council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which said time shall not be less than ten days thereafter. (f) The City Engineer shall forthwith, upon the time for hearing such protests having been fixed, give a notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the manner hereinabove provided for the giving of the notice to provide the required underground facilities, of the time and place that the City Council will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment. (g) Upon the date and hour set for the hearing of protests, the City Council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment. (h) If any assessment is not paid within five days after its confirmation by the City Council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the City Engineer, and the City Engineer is directed to turn over to the Assessor and Tax Collector a notice of lien on each of said properties on which the assessment has not been paid, and said Assessor and Tax Collector shall add the amount of said assessment to the next regular bill for taxes levied against the premises upon which said assessment was not paid. Said assessment shall be due and payable at the same time as said property taxes are due and payable, and if not paid when due and payable, shall bear interest at the same prevailing rate imposed by the Riverside County Tax Collector on other delinquent tax monies outstanding.
§ 8.04.456. Extension of Time.

In the event that any act required by this chapter or by a resolution adopted pursuant to Section 8.04.452 hereof cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation.

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§ 8.04.456. Penalty.

It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, and shall be punishable therefor as provided for in this chapter.”
SECTION 3. Effective Date. This ordinance shall become effective 30 days after its adoption.

SECTION 4. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law.

SECTION 5. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS ___ DAY OF ___________________, 2026.

NAOMI SOTO
MAYOR
ATTEST:

BRENDA PREE, MMC, CERA

CITY CLERK

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, do hereby certify that Ordinance No. ___ is a full, true, and correct copy, and was introduced by the City Council at a regular meeting held on the __ day of _____________, 2026, and adopted at a regular meeting of the City Council held on the __ day of ______________, 2026, 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 ______________, 2026.

BRENDA PREE, MMC, CERA

CITY CLERK

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CITY COUNCIL STAFF REPORT
DATE: JANUARY 28, 2026 BUSINESS & LEGISLATIVE
SUBJECT: PROVIDE DIRECTION ON RECOMMENDED PARKING MANAGEMENT

STRATEGIES
FROM: Scott C. Stiles, City Manager
BY: Teresa Gallavan, Assistant City Manager
SUMMARY:

This item is a City Council request. Following internal discussions, staff presents key findings from the 2024 Downtown Palm Springs Parking Systems Evaluation and requests City Council direction on recommended parking management improvements.

The study identifies the following areas for improvement:
Inconsistent signage
Underutilization of parking garages
Overutilization of on-street parking
A need for clearer wayfinding and enforcement
RECOMMENDATION:

Staff recommend the City Council review the staff report and provide direction on the proposed parking management strategies.

BACKGROUND:

DIXON Resources Unlimited was retained by Palm Springs Resorts (PS Resorts) to produce an updated Parking Systems Evaluation Report that considers the findings of the 2020 LAZ Parking Study Report. DIXON conducted a comprehensive evaluation of the Downtown Palm Springs parking system in 2024. The purpose of DIXON’s site assessment was to analyze the current public parking operations and infrastructure and to provide updated recommendations. The study included on-street and off-street inventory, occupancy analysis, community outreach, and field assessments of signage and enforcement. Key findings include inconsistent time limits, confusing or unclear signage, lack of enforcement visibility, and underutilization of public parking garages.

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City Council Staff Report
January 28, 2026 -- Page 2
Provide Direction on Recommended Parking Management Strategies 7 1
9 STAFF ANALYSIS:

Staff analysis from the departments of Economic Development, Special Program Compliance, and Public Works supports the consultant's recommendations and recognizes the need for a coordinated, phased approach to improving system efficiency.

Recommendations focus on:
Signage and wayfinding improvements
Consistent time-limit policies
Maintenance improvements in the garages
Programs designed to shift employee parking into underutilized off-street facilities Below is a chart summarizing staff recommendations, followed by departmental analysis.

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January 28, 2026 -- Page 3
Provide Direction on Recommended Parking Management Strategies 7 1
9 Office of Economic Development:

From an economic development perspective, the Parking Systems Evaluation Report indicates that Downtown Palm Springs’ primary challenge is not overall parking supply, but the efficiency, visibility, and perceived convenience of existing parking assets.

The study documents underutilization of City-owned garages alongside high demand and limited turnover for prime on-street spaces, a pattern that can suppress visitor circulation, shorten dwell time, and reduce discretionary spending at downtown businesses.

Addressing these operational inefficiencies represents an opportunity to better utilize existing infrastructure without immediate expansion of parking supply.

In the short-term (0–12 months), staff recommends implementing low-cost operational actions expected to produce a high return relative to cost by increasing parking turnover, improving customer access, and reducing perceived friction associated with downtown visits. Improved turnover directly supports retail and restaurant activity by increasing the number of customers who can access curbside and nearby parking each day, while clearer wayfinding and enforcement can redirect longer-stay users to underutilized parking garages and lots without new capital investment.

In the mid-term (1–3 years), staff recommends pursuing moderate-cost initiatives anticipated to yield medium-term economic returns by aligning parking behavior with downtown economic priorities, reserving high-visibility spaces for customers, supporting workforce access, and improving the overall visitor experience. Enhanced parking usability and perception can contribute to longer visitor stays, higher spending per visit, and improved competitiveness of Downtown Palm Springs relative to peer destinations.

In the long-term (3+ years), staff recommends evaluating higher-cost policy and to offer long-term fiscal and economic returns through improved system efficiency, revenue generation for reinvestment, and the ability to manage peak demand associated with special events and future development. Over time, a modernized parking management framework can support sustained downtown vitality, protect existing economic assets, and reduce pressure for costly new parking construction.

Office of Special Program Compliance:

The Department of Special Program Compliance has identified two recommendations from Dixon Resources Unlimited that, with direction from City Council, can be implemented to improve areas noted in the Evaluation Report.

Establish a no re-parking ordinance to promote parking turnover and deter abuse of on-street parking regulations
Establish an employee parking permit program that incentivizes the use of off- street parking facilities over prime on-street locations.

The Department of Special Program Compliance, with direction from City Council,

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January 28, 2026 -- Page 4
Provide Direction on Recommended Parking Management Strategies 7 1
9 proposes the implementation of both recommendations at the same time and has identified this as a mid-term (1-3 years) improvement. It would benefit the downtown community by offering a solution for employee parking where implementation of a no-reparking ordinance by itself may impact employee parking, leaving downtown employees without appropriate parking solutions. The Department of Special Program Compliance would present recommendations to Main Street Palm Springs for community feedback.

Re-parking ordinances are local efforts to manage street space, enhance safety, or address nuisance parking, often involving specific distance restrictions and time limits for moving vehicles. It can refer to rules about removing vehicles after a certain amount of time and the restrictions do not allow a driver to re-park in the same vicinity during a specified time. Some cities have a 12-hour period, while others 24 hours.

The Department of Special Program Compliance will also review Palm Springs Municipal Code 5.38, Managed Parking, with respect to current regulations on Employee Parking Permits and Reserved Parking Permits, the Downtown Palm Springs Specific Plan, Resolution No. 24367, and provide an updated solution for employee parking permits that would align with a no-reparking ordinance.

Public Works Department:

The Public Works Department would be involved in signage, and street and structure parking improvements. Public Works will install interim wayfinding signage while partnering with the Convention Center design consultant, engaged by Economic Development, to identify ideal sign locations and create a permanent wayfinding design.

Leveraging the same consultant will help maintain consistency between the Convention Center project and the broader downtown pedestrian connectivity plan. After the design is finalized, Public Works will move forward with budgeting, procurement, and installation of the new wayfinding signage.

Public Works is currently working with a structural engineering firm to provide an analysis of the Belardo parking structure. This analysis will provide an overall assessment of the current condition of the parking structure, to include recommended repairs along with plans and specifications for required repairs. The recommended repairs will be reviewed by Public Works, and an implementation plan will be initiated. After completion of recommended repairs, Public Works can shift its focus to aesthetic and functional upgrades such as lighting, paint, and signage at both the Belardo and Baristo parking structures, pending available funding.

Additional funding requests may be necessary, pending the outcome of the current structural analysis report and the estimated cost of recommended repairs.

Short-Term Solutions:

Public Works to install basic interim wayfinding signage to assist and guide motorists to

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January 28, 2026 -- Page 5
Provide Direction on Recommended Parking Management Strategies 7 1
9 the City’s parking structures to increase utilization, and completion of the Belardo parking structure structural analysis and review of recommended repairs.

Mid-Term Solutions:

Public Works to engage the Convention Center urban design consultant for wayfinding sign design services and to identify the appropriate sign locations and follow-up on parking structure analysis and recommendations.

Long-Term Solutions:

Public Works will request and budget the necessary funds to implement the consultant- designed permanent way-finding signage and will continue monitoring and maintaining the completed repairs at the Belardo parking structure. Subject to available funding, ongoing efforts will also focus on functional and aesthetic enhancements, such as lighting, paint, and signage at both structures to improve safety, accessibility, and overall cohesion within the downtown area. The department will work collaboratively to explore advanced parking management systems as well.

ENVIRONMENTAL ASSESSMENT:

The requested City Council action is not a “project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with the following City Council Strategic Plan Broad Goals: Economic Development, Public Safety and Community Services, and Infrastructure and Facilities.

FISCAL IMPACT:

Implementation costs associated with signage, maintenance, and enforcement improvements will be developed following Council direction. No immediate budget appropriations are requested at this time.

REVIEWED BY:

Chief Economic Development Officer: Wayne Olson
Assistant Director of Special Program Compliance: Patrick Clifford Director of Public Works: David McAbee
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

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City Council Staff Report
January 28, 2026 -- Page 6
Provide Direction on Recommended Parking Management Strategies 7 1
9 ATTACHMENTS:

A. 2024 Dixon Downtown Parking Systems Evaluation Report

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Attachment A
2024 Dixon Downtown Parking Systems Evaluation Report

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DIXON Resources Unlimited | 1
Palm Springs Parking Systems Evaluation
Report
Executive Summary
Study Overview
DIXON Resources Unlimited (DIXON) was retained by Palm Springs Resorts (PS Resorts) to produce an updated Parking Systems Evaluation Report (Report) that considers the findings of the 2020 LAZ Parking Study Report, while also conducting an in-depth site assessment of the existing public parking conditions located throughout the Palm Springs Downtown resort district. DIXON conducted its on-site assessment in January 2024 to highlight current issues regarding parking in the Downtown district during the off-peak season. The purpose of DIXON’s site assessment was to analyze the current public parking operations and infrastructure to provide relevant and updated recommendations that would assist the Downtown district in making parking an easy, convenient, and accessible experience for all.

Overall Themes and Key Takeaways
The following key takeaways are intended to provide a general summary of the findings that are identified throughout this Report. The site assessment was conducted on a Saturday in January of 2024, so the findings of this report are largely reflective of the current conditions in Downtown Palm Springs during the off-peak, non-tourist season and therefore may yield different observations compared to an assessment performed during another time of year. • The Downtown district in Palm Springs provides a welcoming and bustling atmosphere to visitors in a well-known, vibrant community. The infrastructure, emphasis on walkability, and access to world-class shopping, restaurants, art galleries, resorts, and hotels makes Downtown Palm Springs an inviting tourist destination. • There is a general lack of uniformity located throughout the Study Area in terms of signage and wayfinding, which makes for a confusing experience for both locals and visitors.
• Located throughout the Downtown core are numerous public parking facilities that offer parking opportunities to residents and visitors. In general, the public parking lots appeared to reach their capacity, while the two parking garages within the study area appeared underutilized.
• On-street parking located along N Palm Canyon Drive was also observed to be highly occupied and, due to a lack of noticeable enforcement coupled with long on-street time limits. Turnover was minimal which incentivizes employees to monopolize the on- street availability.

Many recommendations to improve the parking experience in Downtown Palm Springs are discussed later in this Report that will assist in improving the effectiveness of the current

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DIXON Resources Unlimited | 2
parking operations within the study area. These recommendations consider industry best- practices for both on-street and off-street parking facilities include:
• Review of existing parking time limits and parking regulations to encourage turnover and utilization of off-street parking.
• Suggested improvements to parking wayfinding, including the use of digital parking guidance technology, and the potential use of community art projects and installations to revitalize and promote the use of available off-street public parking locations, including the Downtown Parking Garage.
• Establishing an employee parking permit program that incentivizes the use of off- street parking facilities over prime on-street locations. • Establish a no re-parking ordinance to promote parking turnover and deter abuse of on-street parking regulations.
• An evaluation of a potential micro-shuttle or circulator program to provide alternative mobility options for residents, employees, and visitors. • Policy updates to future-proof the City Charter for the possible implementation of paid parking in the future.

Community Outreach
Community outreach and public engagement are important project elements. Input from internal City staff and community stakeholders helped guide the development of these draft recommendations. To continue to understand the feedback of Downtown Palm Springs business owners, employees, and visitors, and align the implementation approach with evolving needs, the City should continue to conduct public outreach and community engagement. The engagement and data collection should not end with this project, and City staff recognize the importance of ongoing communication with the community throughout an incremental and adaptive implementation process.

Community Meetings
Four community meetings were held during the week of September 9th, 2024, to inform the community about the importance of parking management, the status of the project, and collect feedback from business owners, employees, Downtown visitors, and other interested stakeholders about challenges and suggestions regarding the Downtown parking experience.

Two virtual community meetings were held with one virtual meeting taking place during the early morning, and the other virtual meeting taking place during the early evening. Over the course of the two meetings, approximately 25 residents participated to learn about the project, listen to the draft recommendations, and to discuss their experiences and challenges with parking Downtown. Participants shared their feedback and concerns, and the responses have been incorporated into the recommendations.

Two in-person community meetings were held on September 10th, 2024, during the early morning and late afternoon. Approximately 16 total attendees were present for the two in- person community meetings wherein DIXON conducted the same presentation as the virtual

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DIXON Resources Unlimited | 3
community meetings, by providing an overview of the project status, the initial draft recommendations, and facilitating an open dialogue with community members. Community members provided valuable insight into their parking experiences Downtown, ranging from on-street parking to off-street parking in the garages and municipal lots. Members expressed their interest in exploring an employee parking permit program that prioritizes convenience and safety for employees. Other attendees suggested investments in digital signage that will direct Downtown visitors to the off-street facilities. Attendees also voiced concern about parking implications related to the current restoration of the historic Plaza Theater, as it will accommodate approximately 700 seats when the restoration is complete in the fall of 2025.

Overall, much of the community is well-informed of the current status of parking needs within the Downtown, and many participants communicated that they are receptive to the strategies that the City is looking to pursue to enhance parking in Downtown.

[SPACE INTENTIONALLY LEFT BLANK]

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DIXON Resources Unlimited | 4
Site Assessment Findings
During DIXON’s site assessment of the Study Area, nine (9) public parking facilities in the Downtown core parking district were observed: two (2) of these facilities are parking garages and seven (7) are surface lots that provide approximately 1,927 off-street parking spaces intended for public use. In the core area of the Downtown parking district, there are approximately 359 on-street parking spaces.

For the purposes of this Report, the study area spanned the central business district (CBD) in Downtown Palm Springs, which extended from E Alejo Road, Palm Canyon Drive, W Baristo Road, and Indian Canyon Drive.

DIXON conducted a comprehensive analysis of the supply and demand that was observed during the site assessment at on-street and off-street public parking facilities.

On-Street Parking
The on-street parking supply is identified as the available parking spaces located “curbside” within the study area, as nearly every block observed offered on-street parking. The majority of on-street parking is located along Palm Canyon Drive and Indian Canyon Drive, which run parallel through the CBD.

The following key observations were made during DIXON’s site assessment, which provides an overall analysis of the existing conditions of the current parking operation in Downtown Palm Springs:

Time Limits
• Findings
o On-street time limits are inconsistent,
ranging from no posted time limits, 3-
minute time limits, 20-minute time limit, 2-
hour time limits, and 3-hour time limits.
o Placement of short-term time limits
appears randomized and not consistently
located to facilitate active loading,
unloading, and turnover for deliveries and
short-term stays.
o The curb cut-outs located throughout the
Downtown area with posted 20-minute
time limits are narrow and difficult for
vehicles to park in, which creates a safety
hazard and causes congestion.
o With no posted time limits or long-term
time limits in several convenient areas,
employees are inclined to utilize valuable
on-street parking, therefore minimizing
turnover and foot traffic into businesses.

Figure 1. On-Street Bicycle Lane and
Bicycle Rack Markings.

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DIXON Resources Unlimited | 5
Painted/Marked On-Street Parking Spaces
• Findings
o There is a clear disparity between the number of marked and un-marked on- street parking spaces that were identified in the study area. o The on-street markings are inconsistent going northbound on Indian Canyon Drive and are not uniform in length.

Vehicle Signage and Wayfinding
• Findings
o Signage is difficult to interpret because it is cluttered, not strategically located, and inconsistent in color and style. This causes confusion for motorists because they are unsure where the posted signage applies and what the corresponding policies are.
o Posted signage scarcely includes directional arrows on the signs that assist in the wayfinding element of locating additional parking.
o Signage is inconsistently located along curbs, as there are gaps in placement that do not clearly indicate where posted time limits apply. o The bicycle markings on-street are painted green and lead to on-street bike racks. Generally, green bicycle markings indicate a bike path, so this can be confusing and dangerous for motorists.

Enforcement
• Findings
o There are 3-minute and 20-minute signs located in the Downtown area, however there was a lack of visible Parking Enforcement Officers to ensure compliance with these time limits.
o There is signage that indicates “Public Safety Cameras in Use,” which are operated by the Palm Springs Police Department to monitor traffic volume and common vehicular ingress and egress points.

Curb Designations
• Findings
o Green (short term) and yellow (loading zone) curbs appeared in an inconsistent manner throughout the study area, which reinforces difficulty for motorists to find and utilize proper on-street parking.

Off-Street Municipal Parking Lots
There are four (4) City owned parking lots in the North section of the study area located between Chino Drive and Tahquitz Canyon Way, and there are three (3) City owned parking lots in the South section of the study area, which are located between Tahquitz Canyon Way and Baristo Road. Overall, these parking lots were observed to be highly utilized due to their convenient locations and long-time limits, allowing visitors to remain parked for a significant period of time.

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DIXON Resources Unlimited | 6
Time Limits
• Findings
o There are “unlimited” parking lots
located throughout the study area
that appear to have reached their
maximum capacity. Because these
lots do not have time limits,
employees are likely to utilize these
parking lots and stay for long
periods of time.
o Time limits for parking in the off-
street parking lots vary greatly,
ranging from 1-hour, 3-hour, 12-
hour, and unlimited parking time
limits. This may cause confusion for
motorists due to the lack of
uniformly enforced time limits.

Parking Lot Maintenance and Upkeep
• Findings
o The surfaces of several municipal lots are in poor condition, and striping to indicate parking spaces is severely faded.

Vehicle Signage and Wayfinding
• Findings
o Inside the lots, signage indicating the posted time limits is installed at a low height, approximately 3-4ft high, and is hidden by cars. Signage here is inadequate and needs to be elevated.
o The parking lot entrance along Belardo Road, between Tahquitz Canyon Way and Arenas Road, does not have entry signage, nor any sufficient wayfinding signage that leads to it. The only signs posted are the 2-hour time limit and Municipal Code warning of being towed.
o Signs that are posted at the entrances of the parking lots are difficult to interpret because they claim to have “Free Unlimited Parking,” however there are time limits that drivers must adhere to.
o Parking at La Plaza is confusing as it is difficult to determine if it is public or private due to the lack of visible signage.
o Private 1-hour parking lots exist within the Study Area, but the signage that identifies these lots is unclear and does not face the proper direction.

Figure 2. "Free Unlimited Parking" Signage.

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DIXON Resources Unlimited | 7
o Many public parking lots appeared to reach their maximum capacity, and signage did not indicate where additional parking could be found.

Enforcement
• Findings
Parking Enforcement Officers were not present on patrol during the time of DIXON’s site assessment.

Downtown Parking Garage
The Downtown Parking Garage located on Museum Way is large, as it spans from beneath the Hyatt Hotel on North Palm Canyon to North Museum Drive. DIXON conducted its data collection on foot, and determined the inventory of the Downtown parking garage is 790 parking spaces.

Figure 4. Mid-Level Height Time Limit Signage.

Figure 3. Parking at La Plaza.

Figure 6. North Museum Drive Garage Entrance.

Figure 5. North Palm Canyon Garage Entrance at Hyatt
Hotel.

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DIXON Resources Unlimited | 8
Facility Maintenance and Upkeep
• Findings
o Trash and debris were found in several places throughout the garage despite trash cans.
o There were markings, smudges, dirt, and graffiti on the walls as well as chipping paint and potential water damage.
o The south entrance has an attendant booth that appears to be no longer used. o Portions of the garage were deserted, and open chain link fences located throughout the garage gave the impression that people may not be allowed to park in those areas. These fences contribute to the potential concern that the gate may close unannounced, therefore discouraging people from utilizing certain locations in the garage despite there being available spaces. o Existing ledges located near the walls of the garage create safety concerns as they appear to be used for skateboarding, roller skating, and scooter-riding. o There are several tripping hazards throughout the Downtown garage, such as jutted-out curbs and mis-marked steps.

Time Limits
• Findings
o There is only one posted time limit that applies to the garage, allowing visitors to park for a maximum of 4 hours.
o The garage is closed from 3am to 6am.

Employee Parking Zones
• Findings
o There are Employee Parking Zones located throughout the facility that are underutilized, and the existing signage does not clearly state policies regarding whether permits are required.

Vehicle Signage and Wayfinding
• Findings
Figure 7. Chain Link Fence in Garage.

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DIXON Resources Unlimited | 9
o There is a lack of signage located near the surface level entrance to the garage on North Museum Drive.
o Generic and unbranded signs make wayfinding confusing by not including relevant information, such as time limits, directional arrows, or exclusions. o When entering the surface levels of the parking garage, there is inconsistent posted signage to indicate upcoming height clearance limits for the lower levels of the garage.
o Turnaround space in these areas is limited and makes for a difficult overall experience.
o Conflicting interior driving routes and painted directional arrows are inconsistent and difficult to navigate.
o Inconsistent ADA signage that did not have signs located at the end of several disabled parking spaces.

Pedestrian Signage and Wayfinding
• Findings
o The identification criteria that establish the north and south sections of the garage provides minimal information that makes it difficult for drivers to navigate when returning to their vehicles.
▪ The north section of the garage is identified by the color blue, a numbering system, and images of people shopping.
▪ The south section of the garage is identified by the color pink, a numbering system, and images of animals/nature.
o Lack of visible pedestrian signage makes it difficult to understand directions to exits and elevators.

South Parking Garage
The second Downtown Parking Garage is located in the South section of the study area at the intersection of Baristo Road and Indian Canyon Drive. It currently holds 363 parking spaces, 10 of which are reserved for ADA parking.

Vehicle Signage and Wayfinding
Figure 8. Blue Pedestrian Signage.

Figure 9. Pink Pedestrian Signage.

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• Findings
o Lack of visible signage to
motorists makes it difficult for
drivers to see this parking
garage as an option while
driving southbound on Indian
Canyon Drive.
o The “Free Parking” sign located
near the northbound
intersection on Indian Canyon
Drive is the only signage that is
posted leading to the garage.
o There is a lack of signage to
indicate which rows in the
garage do not have an exit or
turnaround location, which
forces the driver to reverse out
of the row or make a multi-point turnaround.
o Signage to indicate height restrictions is located at the two entrances into the garage, allowing motorists to determine whether their vehicle may access the garage.
o ADA signage is not included within the facility, and there is a lack of ADA parking spaces located near the elevators.
o Inconsistent signage does not clearly indicate that the ground floor of the parking garage is reserved for shoppers and visitors at nearby businesses, while the second floor and upward are available to the public.

Pedestrian Signage and Wayfinding
• Findings
o Access to the parking garage from sidewalks and crosswalks for pedestrians is inadequate and poorly maintained as there are no clear pathways for pedestrians located at any of the garage entrances or exits.

Facility Upkeep and Maintenance
• Findings
o Insufficient lighting in the garage makes it an unsafe and unwelcoming environment for both drivers and pedestrians.
o Elevators within the garage were inoperable, therefore utilizing the parking garage was not an accessible option for individuals who require elevator access.

Time Limits
• Findings
Figure 10. Downtown Parking Garage, South Palm Springs.

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o There was one sign located at the main entrance that described the Garage as having “Free Unlimited Parking,” but it was covered by construction and was difficult to see.
o Parking in the garage is restricted between 3:00am to 7:00am, but it was not observed whether there is consistent enforcement to encourage compliance with this policy.

Recommendations
The following recommendations incorporate field observations from the on-site assessment, community feedback, correspondence with City staff, and industry best practices. These recommendations are meant to address current and long-term parking challenges specific to the Downtown Palm Springs parking experience. The City is encouraged to adjust the implementation approach as needed in response to evolving needs and priorities.

Signage and Wayfinding
Implementing consistent, comprehensive signage throughout the Study Area provides an excellent opportunity for Downtown Palm Springs to visually enhance the experience of finding parking among residents, employees, and visitors. • Evaluate opportunities to establish static and digital signage along both Palm Canyon Drive and Indian Canyon Drive that includes a digital display of the current capacity within the two off-street parking garages.
• Introduce a comprehensive signage plan within the Study Area that determines a cohesive stylistic design that incorporates relevant Palm Springs thematic elements, such as a mid-century modern style, to create a more convenient and visually enriched parking experience. For instance, this plan could begin by installing vibrant Palm Springs-branded signage at the garage entrances to highlight that the public is not only able to park there, but that it is encouraged.

Figure 12. Example of Vibrant Palm Springs Signage.

Figure 11. Example of Digital Signage
Display.

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• Explore the feasibility of commissioning local artists to revitalize both parking garages with a uniform design that captures the essence of Palm Springs, balancing effective signage with art.
• Analyze the ability to establish shared parking agreements in private off-street parking lots to incentivize and increase turnover.
o There is an opportunity is to leverage businesses with private parking lots that close for the evening that can be used by evening-shift employees who work at nearby locations.
• Ensure that signage with proper policies (i.e., ADA, towing, time limits, private parking) is accessible for review by drivers and pedestrians.

Off-Street Municipal Parking Lots
• Elevate signage to the height of industry standard, a minimum of 80 inches, to ensure visibility and encourage compliance.
• Ensure signage appears frequently in the line of vision for motorists to provide ample time to guide them to parking locations.

Downtown Parking Garage
• Incorporate clear signage to be posted at the entrance of the garage located underneath the Hyatt hotel that indicates the facility is available to the entire public with posted height clearance restrictions.
• Restripe the parking stalls within the garage to make each parking space wider so that drivers feel more comfortable parking their vehicles.
• Include designated oversize/tall vehicle parking on rooftop of the garage with signage that clearly indicates that height restrictions may prohibit them from entering lower levels of the garage.
• Mark areas inside of and surrounding the garage with clear signage that indicates height clearance restrictions.
• Restructure the signage within and surrounding the garage to display distinctive identifying locations to improve the navigation experience for both drivers and pedestrians.
• Incorporate improvements to interior driving routes by repainting the directional arrows consistent with the vehicle flow of the garage.
• Improve pedestrian navigation signage and position near elevators and access/exit points to clearly indicate nearby destinations.
• Provide signage with clear instructions for drivers that may have a vehicle inside the garage after entrance and exit gates have been closed.
• Include ADA-compliant signage that clearly indicates the locations of disabled parking spaces to maintain legal enforcement procedures.

South Parking Garage
• Designate an east-facing turn-lane on W Baristo Road that leads into the parking garage in order to reduce traffic congestion.

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• Create additional wayfinding opportunities that clearly direct motorists to the back entrance of the garage along N Museum Drive.

Enforcement
• Modernize the parking management program and
utilize license plate recognition (LPR) technology to
optimize enforcement and assist in data collection.
• Deploy consistent enforcement that patrols the
entirety of the parking garages, municipal parking
lots, and on-street parking spaces to ensure visitors
are following the posted policies and time limits.
• Explore municipal enforcement opportunities to
routinely patrol the La Plaza location, which would
encourage compliance among visitors who are
utilizing the private parking lot.

Facility Maintenance and Upkeep
• Introduce a routine maintenance plan for both Downtown Parking Garages that includes regular sweeping, power-washing, painting, and other facility maintenance to ensure compliance with quality and safety standards. Doing so will also help to revitalize the garage by improving its appearance to one that is more inviting. • Reevaluate the overall layout of each parking garage to allow for cars to circulate through the end of each parking row, as there are currently dead ends that force drivers to turn around under difficult, narrow, and inconvenient circumstances.

Downtown Parking Garage
• Incorporate preventative measures that discourage skateboarding, roller skating, scooter-riding, etc. to promote the safety of the community. • Properly mark all potential tripping and safety hazards with bright paint to proactively prevent accidents.
• Integrate improvements to pedestrian elements of the garage, such as ensuring walking routes are safe, well-lit, clean, and inviting. • Strategically remove trash receptables to encourage visitors to dispose of their trash elsewhere, thus allowing the garage to have a cleaner appearance and be more convenient to maintain.
• Update online information to include entrances to the garage located at the south end of N Museum Drive and on Tahquitz Canyon Way.
• Consider conducting an engineering assessment to determine the functionality and safety of utilities within the garage.

South Parking Garage
• Incorporate additional shade options by installing solar panels on the roof to encourage year-round usage of the garage.

Figure 13. Existing Public Safety Camera Signage.

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Time Limits
• Adjust on-street parking time limits to encourage
compliance and turnover among business owners,
employees, and visitors. Employees will be directed
to park in off-street locations, therefore maximizing
the availability of the curb and increasing turnover.
• Evaluate opportunities to expand the existing
employee parking permit program by encouraging
employees to park in nearby off-street locations.
o Update the existing municipal code language
to prohibit overnight vehicle storage and
explain how the employee parking permits
will be enforced.
o Under the existing municipal code, employee
permits are issued for a fee to qualified
individuals who submit an application
authorized by the owner/operator of a
Downtown merchant. Employee parking
permit holders are exempt from posted time-limits.
• Analyze the feasibility of implementing paid parking to manage the occupancy of on- street parking, which would increase turnover, and further encourage employees to park in off-street parking facilities.
o Introduce a special event parking management plan that could include paid parking during events at the soon-to-be restored Plaza Theater, Palm Springs Pride, Palm Springs Village Fest, and more.
• Establish a no re-parking ordinance that would deter abuse of on-street parking regulations and encourage parking turnover.
• Update painted on-street parking spaces to reflect a standardized size to maximize curb availability, promote visibility, and increase turnover.

Figure 14. Existing On-Street Time Limits.

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Appendix A. Parking Utilization Study and Analysis
Methodology
Study Area
The on-street parking was evaluated within the Study Area. The on-street east and west boundaries of the Study Area extend from N Palm Canyon Drive and N Indian Canyon Drive, while the north and south boundaries reside on N Alejo Road and W Baristo Road. The off- street parking in the Study Area includes 7 public parking lots and 2 public parking garages located between N Museum Drive and N Indian Canyon Drive, extending from W Chino Drive to W Baristo Road. Data collection on Thursday, May 9th was impacted by street closures for Palm Springs Village Fest, a weekly, year-long event held from 7pm-10pm. Streets were closed off to parking and thru-traffic from N Palm Canyon Drive to N Indian Canyon Drive, and E Amado Road to E Arenas Road. Data was intentionally collected during the Palm Springs Village Fest in order to provide realistic and accurate data that the City can use as a foundation in future data collection efforts.

Study Times
On-street parking utilization data was collected 4 times per day over a 2-day period within the Study Area. Collection times occurred on May 9th (Thursday), and May 11th (Saturday) of 2024 during Morning (9:00am), Noon (12:00pm), Afternoon (3:00pm), and Early Evening Figure 15. Study Area Map.

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(6:00pm) intervals. 359 on-street parking spaces were identified. 1,927 off-street parking spaces were identified, for a total of 2,286 parking spaces within the study area. Data was collected utilizing DIXON’s License Plate Recognition (LPR) equipment. Data collection categories include Inventory, Occupancy, Turnover, and Repeat Parking.

Parking Inventory
On-street and off-street parking inventory data was recorded within the Study Area. “Parking inventory” is also commonly known as the parking “supply” or parking “capacity” and refers to the number of parking spaces. In order to estimate the number of on-street parking spaces, curb length measurements were captured using satellite imagery. For the purposes of this study, on-street parking spaces were measured assuming a 22’ standard space size.1 Parking Utilization Data Collection
To collect the data, parking utilization was studied using LPR cameras, which were mounted on a vehicle driven throughout the study area. The data analysis process automatically anonymizes all license plate numbers by hashing the data. No real license plate numbers were retained.

Data collection occurred along a consistent driving route, which allowed for data to be captured consistently and efficiently. The data was then analyzed through a data analysis software product called the Rapid LPR Tool to anonymize and process the data. Parking utilization metrics were generated for each block-face. “Parking utilization” refers to several metrics about how parking is being utilized, including:

Dat
Data Description

Occupancy Rate

Refers to the percentage of occupied parking spaces:

# parked cars ÷ # of parking spaces

The parking industry considers the ideal target parking occupancy rate to be 85 percent. This occupancy rate minimizes congestion and maximizes utilization of parking assets. Areas that regularly exceed 85 percent occupancy are considered overly congested. Likewise, areas that regularly are well below 85 percent are considered underutilized.

The goal is to seek a balanced parking system that remains at or near 85 percent occupancy during most times on average, knowing that there will realistically be some exceptional or outlier times. In the analyzed results described later, parking occupancy rarely exceeds a 30%

1 The California Vehicle Code defines a standard on-street parallel parking space as 22’ in length. When an agency marks spaces, this is typically the measurement used to allow for ample space to pull in and out of a parking space for standard sized vehicles. For unmarked spaces in particular, it was beneficial to analyze the study area utilizing the industry standard to identify realistic recommendations for the Downtown study area.

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average for each collection interval, with the average overall occupancy rate being 29% across all data collection days and times.

Turnover

Refers to when a car departs a parking space, turning it over so that another car can then park in that space. The estimated duration that each car was parked was measured based on the observation intervals.

For instance, if a vehicle was observed during the 9:00am interval but not observed at the 12:00pm interval, then the car would have been parked for less than three hours.

When durations are long, this means that turnover of parking spaces is low. Conversely, when durations are short, this means that turnover is high.

High turnover maximizes the number of drivers that can utilize parking assets. This is important for generating revenue for the area’s businesses such as restaurants, retail, and tourist attractions.

Repeat Parking

Refers to when a vehicle is observed to be reparked within the Study Area (left and then came back). Trends can be observed for a single day and across multiple days or months. In this instance, these data trends were collected over the course of one day (daily parking) or two days (weekly parking).

Key Takeaways from On-Street and Off-Street Data
Occupancy
• The average occupancy of the study area was 29% including on-street and off-street parking.
• Noon (12pm) was the most impacted (35%) across all data collection dates and times. • Weekday parking (Thursday) was more impacted (32%) than Weekend (Saturday) (27%).
o The lowest weekday occupancy time was 9am (23%) and the highest was 3pm (38%).
• Overall, on-street parking was more impacted (47%) than off-street parking (26%).

This was largely due to the Downtown Garage which averaged 15% occupancy over the course of the data collection.
• Some on-street and off-street parking did maintain high levels of occupancy throughout the study. The off-street municipal lot along E Arenas Rd had an average occupancy of 68% throughout the data collection. On-street, E Andreas Road had an

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average occupancy of 95% on Saturday (which was not accessible after 6pm Thursday due to street closure).

Turnover
• Most cars observed were short term parkers, with 92% parked within one collection period (0-3 hours). The prevalence of short-term parking was especially true on the weekend (Saturday) with 94% parking in the 0–3-hour time interval. In fact, no cars were observed to have stayed longer than 9 hours at any time during the data collection period.

Repeat Parking
• Repeat parking occurs when a vehicle parked in the Study Area was observed during data collection, leaves the Study Area during another round of data collection, and has returned to the Study Area during an additional round of data collection. • Because data was collected over the course of two days, trends are observed based on the “Daily” number of repeat parkers (who left and then came back) for each individual day, and the “Weekly” number of repeat parkers (who left and then came back) over the course of the two collection days:

o Daily
• On Thursday, 2,317 cars were observed. Of this total, 2,192 (95%) vehicles were observed to have parked once. 125 (5%) of the vehicles were repeat parkers.
• On Saturday, 2,043 cars were observed. 1883 (92%) vehicles were observed to have parked once, while 160 (8%) vehicles were repeat parkers who left the Study Area and later returned that day.
• A high percentage of transient parkers is indicative of a bustling commercial area.

o Weekly
• Weekly parkers are analyzed by the data collected over the course of Thursday and Saturday combined. In total, 4,142 vehicles were observed over the course of the data collection.
• 95% of vehicles were observed on a single day only, while 5% of vehicles were observed on both days of the study.
• A very low number of repeat parkers is indicative of tourist parking.

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DIXON’s Rapid LPR Tool On-Street Data
Data collected utilizing LPR was analyzed through the Rapid LPR Tool, which is an online software program that allows for in-depth analysis of several parking utilization metrics. Users are provided the opportunity to toggle the data within the interactive dashboard by assessing inventory, occupancy rates, turnover, and repeat parkers. In addition, individual time(s) of day, day(s) of the week, and block face(s) can be selected and analyzed in a granular fashion that allows viewers to identify varying trends within the data. Each map represents data among the study area block faces that were included in the inventory count.

Inventory – The total inventory of the study area is 359 on-street parking spaces and 1,927 off-street parking spaces.

On-Street Inventory.

Off-Street Inventory.

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Occupancy – The average occupancy rate of all days and all times is 29% based on observed times across each data collection period.

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Occupancy – The average occupancy rate of all days during the Morning (9:00am) collection period is 21% based on observations during data collection.

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Occupancy – The average occupancy rate of all days during Noon (12:00pm) collection period is 35% based on observations during data collection.

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Occupancy – The average occupancy rate of all days during the Afternoon (3:00pm) collection period is 30% based on observations during data collection.

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Occupancy – The average occupancy rate of all days during the Early Evening (6:00pm) collection period is 31% based on observations during data collection.

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Occupancy – The average occupancy rate on Thursday during all times is 32% based on observations during data collection.

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Occupancy – The average occupancy rate on Thursday during the Morning (9:00am) collection period is 23% based on observations during data collection.

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Occupancy – The average occupancy rate on Thursday during Noon (12:00pm) collection period is 37% based on observations during data collection.

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Occupancy – The average occupancy rate on Thursday during the Afternoon (3:00pm) collection period is 37% based on observations during data collection.

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Occupancy – The average occupancy rate on Thursday during the Early Afternoon (6:00) collection period is 37% based on observations during data collection. (Note that streets were closed off to parking and thru-traffic from N Palm Canyon Drive to N Indian Canyon Drive, and E Amado Road to E Arenas Road for Palm Spring Village Fest).

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Occupancy – The average occupancy rate on Saturday during the all times collection period is 27% based on observations during data collection.

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Occupancy – The average occupancy rate on Saturday during the Morning (9:00am) collection period is 20% based on observations during data collection.

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Occupancy – The average occupancy rate on Saturday during Noon (12:00pm) collection period is 33% based on observations during data collection.

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Occupancy – The average occupancy rate on Saturday during the Afternoon (3:00pm) collection period is 21% based on observations during data collection.

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Occupancy – The average occupancy rate on Saturday during the Early Evening (6:00pm) collection period is 21% based on observations during data collection.

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Turnover – The overall average turnover percentages over the course of both days are shown based on observations during data collection. The table shows a percentage breakdown of the number of cars that were observed between 0-2 hours, 2-4 hours, 4-6 hours, 6-8 hours and 8+ hours based on data collection rounds. The heat map below shows the average daily length of stay per block face.

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Turnover – The overall average turnover percentages over the course of Thursday are shown based on observations during data collection. The table shows a percentage breakdown of the number of cars that were observed between 0-2 hours, 2-4 hours, 4-6 hours, 6-8 hours and 8+ hours based on data collection rounds. The heat map below shows the average daily length of stay per block face.

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Turnover – The overall average turnover percentages over the course of Saturday are shown based on observations during data collection. The table shows a percentage breakdown of the number of cars that were observed between 0-2 hours, 2-4 hours, 4-6 hours, 6-8 hours and 8+ hours based on data collection rounds. The heat map below shows the average daily length of stay per block face.

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Daily Parkers – The number of daily parkers observed during all days and all times is shown based on observations during data collection. The “Parked Once” category displays the number of vehicles that were observed to be parked once without leaving and returning to the Study Area that day. The “Repeat” category displays the number of vehicles that were observed to have left and returned to the Study Area that day. A vehicle that is observed across multiple days is categorized in each day it was observed, so some vehicles are counted multiple times in this display.

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Daily Parkers – The number of daily parkers observed on Thursday during all times is shown based on observations during data collection.

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Daily Parkers – The number of daily parkers observed on Saturday during all times is shown based on observations during data collection.

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Weekly Parkers – The number of weekly parkers observed during both days and all times is shown based on observations during data collection. Transient cars are defined here as vehicles that were only observed on one of the data collection days. Returning cars are those that were observed on multiple data collection days. However, no returning cars were observed during this study.

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CITY COUNCIL STAFF REPORT
DATE: JANUARY 28, 2026 BUSINESS & LEGISLATIVE
SUBJECT: INTRODUCE AN ORDINANCE ADDING CHAPTER 5.27 TO THE PALM SPRINGS MUNICIPAL CODE, RESTRUCTURING THE CITY’S HOTEL

OPERATIONS INCENTIVE PROGRAM (CITYWIDE)
FROM: Scott C. Stiles, City Manager
BY: Economic Development
SUMMARY:

This report proposes an update to the Hotel Operations Incentive Program (Chapter 5.62) with a new Ordinance (Chapter 5.27, Attachment A) that establishes a restructured and simplified Citywide Hotel Operations Incentive Program. The existing Hotel Incentive Program, first adopted in 2007 and amended in 2013, 2019, and 2023, has successfully stimulated hotel renovations over the last decade.

However, the eligibility criteria of the current program have become restrictive, limiting participation over time. Moreover, because the current program was amended numerous times over the years to target different categories of hotels, the qualifying criteria for the program as a whole has become difficult to navigate. The new ordinance broadens and streamlines the criteria so more hotels can qualify – including hybrid developments like developments that partially renovate a property as well as add new room stock. It extends the program (accepting applications through 2030, vs. 2023 under the old rules) and introduces a straightforward tiered incentive structure for all hotels with potential TOT rebate percentages and terms scaled to the level of hotel investment.

These changes are aimed at continuing the City’s economic development and tourism goals by incentivizing substantial hotel renovations and new hotel construction, while also encouraging historic preservation of iconic properties. Staff recommends approval of the ordinance, finding that it will promote reinvestment in the hospitality sector, enhance the City’s visitor offerings and ultimately increase long-term TOT revenues and public benefits.

RECOMMENDATION:

Waive the reading of the ordinance text in its entirety and read by title only; and introduce for first reading an Ordinance entitled, “AN ORDINANCE OF THE CITY OF PALM

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Introduction of an Ordinance – Hotel Operations Incentive Program (Citywide) 7 1
1 SPRINGS, CALIFORNIA, ADDING CHAPTER 5.27 TO THE PALM SPRINGS

MUNICIPAL CODE, RELATING TO A RESTRUCTURED HOTEL OPERATIONS INCENTIVE PROGRAM.” and approve the ordinance. (The new Chapter 5.27 will replace the current Chapter 5.26 program for future agreements.) BUSINESS PRINCIPAL DISCLOSURE:

Applicants to the updated program will be required to supply the appropriate business disclosure forms at the time of application to the program.

BACKGROUND:

Palm Springs first adopted a Hotel Operations Incentive Program in December 2007 (Ordinance 1730, effective January 2008) to encourage the development of new hotels and the renovation of existing hotels. The Council’s intent was to enhance the City’s tourism appeal by supporting quality hotel facilities, maximizing use of the Convention Center, and expanding the local economy. Under the original program, qualifying projects entered into Hotel Operations Covenants with the City to receive a rebate of a portion of TOT generated by the hotel. Generally, new hotels could receive up to 50% of the TOT they generated for a set period (depending on the hotel’s size/quality), while renovated existing hotels could receive a share of TOT above their pre-renovation “base” TOT levels. The program proved extraordinarily successful in spurring hotel improvements citywide: by the end of 2012 (the program’s initial sunset), it had catalyzed over $180 million in hotel renovations, upgrading more than 1,600 hotel rooms in Palm Springs. This investment helped boost tourism, with spillover economic benefits, and significantly increased the City’s TOT revenues (which fund general City services). Notably, the City partnered with projects ranging from small boutique hotels to large conference style hotels under this program.

The original program was designed with sunset clauses, so no new applications for incentives were accepted after certain dates (e.g. new hotel projects had to start construction by December 31, 2017, and existing-hotel renovations had to be completed by December 31, 2015). The Council extended some deadlines on a case-by-case basis (for example, the Dream Hotel and Orchid Tree Hotel projects were granted program extensions). In February 2013, Chapter 5.26 was amended to refine program terms (Ord. 1821). However, by late 2012, as the initial program expiration neared, the City had largely paused the blanket program and handled incentives by individual agreements for critical projects.

In early 2019, responding to renewed interest in renovating several smaller hotels, the City revived the Hotel Incentive Program as “Phase II” (Ord. 1972, adopted February 6, 2019). This update re-established incentives for existing hotels only (the program for new hotel construction remained closed). Key terms of the Phase II program included: a minimum $5,000 per room investment in renovations; a 50% rebate of the annual TOT increment (i.e. the increase in TOT above the hotel’s prior 36-month average baseline)

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Introduction of an Ordinance – Hotel Operations Incentive Program (Citywide) 7 1
1 for a 10-year period; a requirement that renovations be completed by December 31, 2023; and a prohibition on new hotel projects participating. These criteria were intended to jump- start reinvestment in aging hotels and indeed succeeded in attracting participants – for example, the Yara Hotel (10 rooms) undertook an $857,000 renovation in 2024 and was approved under the program to receive a 50% TOT rebate over 10 years (capped at $857,122, equal to its investment). The Phase II program also required that participating hotels have a track record of operations (at least five years in the last 15, with three years of TOT payment history) to ensure incentives went to established operators. (See Attachment B for historic and current participation.)
Over time, staff identified that the narrow parameters of the 2019 “Phase II” program were limiting its usefulness. The fixed sunset of 2023 meant no projects starting after that date could apply, and the strict operating history requirement excluded some newly reopened or rebranded hotels from qualifying. Additionally, the program’s inapplicability to new hotel construction left the City with no active incentive tool to attract new hotel development during a period of robust tourism growth. In July 2023, the City Council discussed extending and refining the program. The Council gave direction (on July 24, 2023) to extend the program to December 31, 2028, to relax the five-year continuous operation rule (allowing non-consecutive operation over 15 years), and to accommodate hotels with limited TOT history by offering them a shorter 5-year incentive term at up to 50% TOT (or 75% for hotels in Class 1 historic buildings). The Council also directed the elimination of the annual CPI adjustment to the TOT baseline, suggesting instead a one-time adjustment mid-way through the incentive period. An ordinance reflecting some of these changes (Ord. 2087) was adopted on September 14, 2023, amending Chapter 5.26 to implement the extended sunset (through 2028) and other tweaks. Even with those amendments, the core structure of the program remained as a single-tier, 50%-for-10- years incentive geared mainly to small renovations. Despite these changes, larger projects found the incentive unable to overcome the prevailing wage requirement, and as a result, either have delayed improvement, or simply not participated in the program. (Paying prevailing wage is required by state law for incentives over $600,000; increases in construction costs estimate anywhere from 130% to 150% of non-prevailing wage costs resulting in a “negative” incentive; in other words, the incentive costs now outweigh the benefits.)
In late 2025, as part of a comprehensive economic development strategy, the Council called for a more fundamental overhaul of the Hotel Incentive Program. The City Attorney’s office and staff have drafted the new Chapter 5.27 as a wholesale restructured program rather than simply amending Chapter 5.26 further. (Chapter 5.26 will effectively be superseded; no new agreements will be made under the old chapter, though existing covenants under 5.26 will remain honored.)
The policy shifts focus away from classifying types of hotels and categorizing projects as renovation vs. new construction, but rather simply incents the amount of investment made “per key” (i.e., per room) by the owner/developer. In this way, the City focuses its incentive on the amount of the investment, rather than on type of construction project. As a result,

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Introduction of an Ordinance – Hotel Operations Incentive Program (Citywide) 7 1
1 the new ordinance broadens eligibility and introduces multiple incentive “tiers” to better calibrate the incentive to the size of the hotel investment. This approach acknowledges that larger, higher-end hotel projects may require a greater and longer incentive to be financially viable (as evidenced by previous Council-approved deals for major projects, which granted up to 75% TOT rebates over 20-30 years). At the same time, the restructured program continues to support smaller hotel renovations with a more modest incentive, and it retains safeguards to ensure public benefits – such as capping rebates at the amount of the private investment and requiring participating hotels to remain in operation as hotels.

In summary, the existing program’s limitations (tied to specific construction periods and one-size-fits-all terms) are addressed by this new Chapter 5.27, which provides a flexible but accountable framework to encourage ongoing hotel investment in Palm Springs.

STAFF ANALYSIS:

The proposed Chapter 5.27 (Palm Springs Hotel Operations Incentive Program) creates a tiered incentive structure and updates the application process, eligibility criteria, and agreement requirements. Attached Ordinance No. _____ contains the full text; key provisions are summarized below:
Program Eligibility:

The program is open to hotel operators citywide for projects involving substantial new construction or renovation of hotel facilities. Unlike the prior program, there is no minimum hotel size (number of rooms) requirement – even a small boutique hotel can apply, as long as it meets the investment threshold. However, the operator must devote at least 90% of the property’s floor area to hotel use (to prevent misuse of the incentive for predominantly non-hotel projects). Each participating hotelier must enter an Operating Covenant committing to operate and maintain the improvements as a hotel for the duration of the incentive term.

Applications must be submitted and approved before the hotel project is entitled (i.e., prior to issuance of any City discretionary permits for construction). This ensures the incentive is a factor in the project’s planning and is not granted retroactively. Hotels that have already received full entitlements or begun construction are not eligible to apply after the fact.
Investment Threshold & Use of Funds:

To qualify, a project must involve a minimum investment of $10,000 per hotel guest room. This is double the previous $5,000/room requirement, reflecting increased construction costs and the City’s desire for more meaningful upgrades. The “Actual Documented Investment” (ADI) is defined as the total verifiable project cost spent on tangible improvements including construction, furniture, fixtures, and equipment (FF&E), and soft goods (e.g. linens), but excluding soft costs like design and legal fees (those are not reimbursable). To ensure the incentive primarily supports

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1 substantial physical improvements, the ordinance requires that at least 80% of the project cost be spent on construction and FF&E, with no more than 20% on soft goods (i.e., towels, drapery, bedding).
oFor example, if a hotel plans $125,000 in total upgrades, at least $100,000 of that must be in hard construction/FF&E costs for the project to qualify for incentives on the full amount; soft goods expenses (e.g. new linens, TVs) beyond the 20% cap would not count toward the ADI or be reimbursed. This focus directs the City’s subsidy toward long-term capital improvements that enhance the property’s quality and guest experience.
Incentive Tiers:

The ordinance establishes five levels of incentives based on the per-room investment in the project. All tiers provide a rebate of a percentage of the Transient Occupancy Tax increment generated by the hotel, for a defined term of years, or until the operator has recouped an amount equal to their investment (ADI), whichever occurs first. Importantly, the City will never rebate more than the documented investment in any case – this cap ensures the public funds (foregone TOT revenue) directly leverage at least an equal private investment dollar-for- dollar. The tiers are:
oBase Tier: Investment of $10,000+ per room. Eligible for a 50% TOT increment rebate (City/Operator share TOT 50/50) for a term of 10 years (from the hotel’s covenant recordation). This essentially mirrors the incentive level under the prior program (50% for 10 years), but with the updated cost threshold and other new program conditions. oTier 1: Investment of $100,000+ per room. Eligible for a 55% TOT increment rebate (Operator receives 55%, City 45%) for 10 years. This tier gives a modest increase in the rebate percentage to reward more significant renovations or upscale improvements.
oTier 2: Investment of $225,000+ per room. Eligible for a 90% TOT increment rebate for the first 5 years, and 60% TOT increment rebate for the next 15 years, for a total term of 20 years. In this tier, the City’s share of new TOT is 10% during years 1–5 and 40% in years 6–20. This structure front-loads the benefit to the hotel in the early years when financing gaps are often greatest, then gradually increases the City’s share.
oTier 3: Investment of $350,000+ per room. Eligible for a 90% TOT rebate for the first 5 years, and 65% TOT increment for the next 20 years, for a total term of 25 years. Here the City collects 10% of the increment in years 1–5 and 35% in years 6–25.
oTier 4: Investment of $650,000+ per room. Eligible for a 90% TOT rebate for the first 5 years, and 75% for the next 25 years, for a total term of 30 years. The City’s share is 10% in years 1–5 and 25% in years 6–30. This

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1 highest tier is aimed at major, transformative projects – for instance, a large luxury resort development or a comprehensive redevelopment of a historic hotel property – which often require substantial incentives to be financially feasible. Notably, Palm Springs has previously approved incentives in this magnitude range (75% of TOT for 30 years) for significant hotel projects to fill financing gaps so this is not without precedence. Tier 4 effectively codifies a similar incentive level, with even greater initial relief (90% in early years) to assist projects through the critical ramp-up period.

Table 1.1 below summarizes the Tiers and their correlative values:

Previous Program Owner/Developer City Term
Renovation 50% 50% 10 years or cost
Historic Property 75% 25% 10 years or cost
New Program ($/key) Owner/Developer City Term
Base Tier ($10,000+) 50% 50% 10 years or cost
Tier 1 ($100,000+) 55% 45% 15 years or cost
Tier 2 ($225,000+) 90% 10% Years 1-5
60% 40% Years 6-20
Tier 3 ($350,000+) 90% 10% Years 1-5
65% 35% Years 6-25
Tier 4 ($600,000+) 90% 10% Years 1-5
75% 25% Years 6-30
Bonus (pick one)
Convention Center +10% -10% Year 6 – Term
Historic +5% -5% Year 6 – Term
Table 1.1
All tiers above Base build upon the principle that greater private investment merits a greater public incentive, within limits. Regardless of tier, no incentive agreement will exceed the amount of TOT equivalent to the operator’s actual investment – for example, if a Tier 4 project invests $20 million, their TOT rebate will cease once $20 million in rebate has been paid out, even if the term has not fully elapsed. In this way, the City ensures that the program’s benefit to the operator is proportional and capped. Furthermore, for existing hotels, the “TOT increment” is calculated as the TOT above the hotel’s historical baseline (the average annual TOT paid in the 36 months prior to the project). This means the City continues to receive all the base TOT it was already collecting from that hotel, and only the new growth in TOT as a result of the renovation is subject to sharing. (In the case of a new hotel on a vacant site, the TOT base is effectively $0, so all TOT is new increment – but since without the project that revenue wouldn’t exist, the rebate still

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1 represents no loss of existing revenues.) After the incentive term concludes (or the investment is fully repaid), the City will collect 100% of the TOT generated going forward. Bonus Incentives:

To advance specific City policy goals, the ordinance provides two bonus TOT rebate opportunities that can augment the above tier benefits, starting in year 6 of an agreement (after the initial 5-year period):

1. Historic Hotel Bonus: If the hotel property is designated as a Class 1 or Class 2 Historic Resource (per Palm Springs Municipal Code Chapter 8.05), the operator may receive an additional 5% TOT increment rebate beginning in year 6 and for the remainder of the term. This bonus recognizes the higher costs and public benefits of historic preservation. Historic hotels are often smaller or require specialized restoration, so this extra 5% helps offset those challenges. Example: A qualifying historic hotel in Tier 1 would go from a 55% rebate to 60% from year 6 onward; if in Tier 4, the rebate would become 80% for years 6–30 (instead of 90%/75% blend without the bonus).

2. Convention Center Hotel Bonus: If the hotel is larger than 125 keys and has onsite food and beverage and participates in Tier 1 investment or higher, the operator may receive an additional 10% TOT rebate beginning in year 6 for the rest of the term. The intent is to encourage high-quality hotel development near the Convention Center, which will support convention business and tourism. This bonus could apply, for instance, to a new hotel project in the downtown/convention center vicinity.

Only one bonus can be applied per project – they cannot be “stacked.” If a hotel qualifies for both (e.g. a historic hotel with 125 rooms or more), it would choose the single bonus that is more advantageous (likely the 10% Convention Center bonus in that scenario).

These bonuses are incorporated to further the City’s economic development objectives of preserving historic assets and strengthening the Convention Center area hospitality offerings. Therefore, in no case would a benefit exceed 85% share to the owner starting in Year 6 of the agreed upon Tier.
Application & Approval Process:

The ordinance outlines a clear process for application, analysis, and approval of incentive agreements:
oAn interested hotel operator must submit a Hotel Incentive Program application to the City Manager’s Office prior to receiving any entitlements for their project. The application will include a description of the project (scope, location, timeline, estimated costs), an identification of which tier the project’s investment qualifies it for, and any additional information required by the City. City staff will verify that the application is complete and the project meets basic eligibility.

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1 oUpon a complete application, the City Manager will direct staff to conduct a fiscal analysis of the proposal. This analysis will evaluate the projected TOT that the renovated/new hotel would generate, the potential rebate amount and duration, and the net fiscal impact to the City over time. Factors like the hotel’s expected increase in occupancy or average daily rate (ADR) post- improvement may be considered. The analysis helps ensure the incentive is justified by a need to close a “financial gap” in the project and that the City will still benefit (this approach is consistent with practices in other cities that require demonstrating a funding gap for TOT rebate). oCity staff (Economic Development, Finance, City Attorney) will then negotiate a proposed incentive package with the operator, based on the applicable Tier and any bonus, and draft the hotel operating covenant agreement reflecting the terms. The draft agreement, along with the project’s related entitlements (e.g., Planned Development permits, if any), will be brought forward for approval. Smaller incentives – those valued at less than $100,000 total – may be approved administratively by the City Manager under the ordinance’s delegated authority. This delegation is designed to streamline assistance for minor projects (though in practice, most hotel projects meeting the minimum $10k/room will likely exceed $100k in rebate value over the term). Larger incentives (≥ $100,000) must be approved by the City Council at a noticed public hearing, in compliance with Government Code §53083 (AB 562). This Council approval is the case for virtually all multi-year TOT rebate agreements and ensures transparency and public input on significant economic development subsidies. oOnce an incentive agreement is approved, it will specify the tier, term, percentage of TOT to be rebated, the ADI cap, and any bonus applied. It will also incorporate the standard Operating Covenant to be recorded against the property prior to issuance of the Certificate of Occupancy for the project. The Operating Covenant will run with the land and bind future operators for the duration of the incentive term, ensuring that if the property is sold, the new owner must continue to operate the hotel and honor the agreement (or the incentive can be terminated if the hotel use ceases). The term of the Operating Covenant is equal to the incentive period (ending once the agreed years pass or ADI is reached).
Operating Covenant Requirements:

Each participating hotelier will sign an Operating Covenant agreement with key conditions to protect the City’s interests and policy goals. Two notable requirements are:
oPrevailing Wage for Construction: If the City’s total contribution (i.e. the total estimated rebate value) exceeds $600,000 and 2% of the total project cost, the project will be required to pay prevailing wages for the labor on the construction work. This threshold aligns with state law triggers for public

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1 subsidies. It ensures that larger projects benefiting from substantial public incentives provide good wages to construction workers, consistent with California Labor Code and the City’s prevailing wage ordinance. For example, if a hotel project costs $10 million and the City incentive is $1 million (10% of cost), prevailing wage would be mandated (since $1M > $600k and =10% > 2%). This requirement does not typically affect smaller rehabs but will apply to the larger tier projects.
oIndemnification: The operator must agree to indemnify and hold the City harmless from any claims arising from the hotel’s participation in the program. This means, for instance, if there were any legal challenges related to the hotel’s participation in the incentive program, the hotel operator would defend and cover the City. This provision protects the City’s taxpayers from liability associated with the private project. In no case can this be waived.
oIn addition, the covenant will reiterate the operational commitments (e.g. the hotel must remain available for short-term/transient occupancy use and, if applicable, participate in the Convention Center Hotel Program, as was required in earlier covenants). The Council retains discretion to impose other conditions in an Operating Covenant as needed to ensure the program’s intent is met. For example, the City could require a certain quality standard or brand level be maintained if that was a factor in approving the incentive. Another example is the City can mandate the development meet a certain time line.
Reimbursement (Payment) Process:

The ordinance specifies several conditions the operator must continually meet to receive incentive payments:
oThe operator must complete the construction/renovation and obtain a Certificate of Occupancy (for new construction or final inspection sign-off for renovations) before any rebate is paid. No upfront funding is given; the incentive is performance-based. This protects the City – the hotel must actually deliver the promised improvements and open for business to start earning the subsidy.
oThe operator must provide documentation such as building permits, contractor licenses, receipts and invoices to verify the costs incurred (i.e. proof of the ADI). City staff will review these to certify the actual investment.

This audit step prevents any “inflated” cost claims and sets the exact dollar cap for the rebate (the certified ADI).
oThe hotel must maintain a valid City business license and remain current on all TOT payments and other City fees throughout the incentive term. If a hotel falls behind on remitting its monthly TOT (which is required by Chapter

3.24 of the Code) or, for example, on utility payments or code compliance

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1 fines, the City can withhold the rebate until the operator cures the issues. Essentially, a hotel can’t benefit from a TOT rebate if it isn’t fully paying the TOT or obeying City laws. oThe operator must provide any additional forms or records requested by the City to ensure compliance. This could include annual statements of room revenues for verification, etc.
oThe City explicitly reserves the right to withhold or cancel incentive payments if the operator violates the program requirements or the Operating Covenant. The operator would be given notice and 30 days to cure any default. For example, if a hotel stopped operating as a hotel (converted to apartments or closed without City approval) during the covenant period, the City would cease TOT rebate payments and could terminate the agreement. This provision ensures accountability – the subsidy is conditional on delivering the public benefits (an operating hotel, increased TOT, etc.).
Program Sunset:

The new Chapter 5.27 program is not open-ended. It includes a sunset clause: no new applications will be accepted after December 31, 2030. This gives roughly a five-year window (2026–2030) for hotel projects to come forward under the program. The sunset ensures the Council can reassess the program’s effectiveness and fiscal impact in the future rather than creating a perpetual obligation. (By comparison, the previous program was set to sunset end of 2028 after the 2023 extension; this ordinance extends it two additional years to capture planned projects in the pipeline.) Any agreements executed on or before the sunset date will of course be honored through their terms, but no new incentive agreements will be initiated beyond 2030 unless the Council later extends the program by ordinance.

Comparison to Other Cities:

It is worth noting that TOT incentive programs are a fairly common economic development tool among destination cities, though specific terms vary. Palm Springs’ new tiered program is competitive with, and in some aspects more generous than, other California cities, reflecting the City’s strong commitment to tourism development. For example, the City of Dublin, CA offers TOT rebates up to 50% of increment for renovated hotels (for up to 10 years), and up to 70% for 4-star new hotels (for up to 20 years) – percentages and durations in line with Palm Springs’ middle tiers. The City of Morgan Hill recently adopted a program rebating 50% of TOT above baseline for 10 years for qualifying new or improved hotels. Santa Ana and other cities have targeted programs primarily for new luxury hotels (often 50%–100% TOT for 5–20 years depending on project specifics). Palm Springs’ program now spans both new and existing hotels and provides up to 90% TOT sharing for up to 30 years in the most significant cases, which is a notable incentive level.

However, the built-in cap (rebate ≤ investment cost), and the fact that Palm Springs’ TOT

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1 rate (12.5%) remains in place, ensure that the City will still receive a share of revenue and eventually the full tax. The City’s approach balances attractiveness to developers (especially for large projects that might not proceed without assistance) with protection for the City’s fiscal interests, and continues a tradition of Palm Springs using TOT incentives to shape its resort economy. As seen in the past, such incentives can be instrumental. The new program provides a transparent, criteria-based framework for considering similar large investments going forward, rather than on an ad hoc basis.

Overall, policy rationale for this ordinance is strong: it will help Palm Springs remain a competitive destination by encouraging the renovation of aging hotels and development of new hotel products that meet modern traveler expectations. It also offers a tool to support the preservation of historic hotel properties, which are integral to the City’s mid- century modern heritage and tourism appeal. By tying incentives to actual performance (increased TOT generation) and capping the City’s contribution, the program is essentially self-financing – it leverages new tax revenue that would not exist but for the hotel improvements. The ordinance contains safeguards (e.g. required investment levels, compliance monitoring, and the sunset provision) to ensure the Program can be managed responsibly.

Public Hearing Required Information (GOV. CODE §53083):

Future approvals by the Council require the City obey Gov. Code 53083 which is described in detail, below and will be customized to the individual incentive proposed at the time of review for approval:

Pursuant to Government Code §53083, the City must provide a written report and summary of certain information whenever approving an economic development subsidy of $100,000 or more. This ordinance establishes a citywide program under which individual agreements will constitute economic development subsidies exceeding that threshold. The required information is provided as follows (and in the attached Economic Development Subsidy Report on file):
Beneficiary Names and Addresses:

The Program is not specific to a single business or developer. Rather, it is available to any hotel operator in the City of Palm Springs who meets the program criteria and enters an incentive agreement. Thus, the potential beneficiaries are owners/operators of hotel properties citywide (within Palm Springs jurisdiction) that undertake qualifying hotel development or renovation projects. Each future agreement will identify the specific entity receiving the subsidy (for example, “ABC Hotel LLC, operator of the XYZ Hotel at [address]”). That information will be disclosed publicly with each agreement brought to Council.

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1 Start and End Dates of Subsidy:

The Program itself will accept new applications through December 31, 2030 (the program sunset). Any approved Hotel Operations Incentive agreements will have defined start and end dates. The start date of an incentive agreement is typically the date the Operating Covenant is recorded and the first TOT increment is generated. The end date for each agreement will depend on the tier: generally 10 years from start for Base or Tier 1 projects, 20 years for Tier 2, 25 years for Tier 3, or 30 years for Tier 4 – or earlier if the total rebate paid reaches the investment cap. For example, if a covenant is approved for a Tier 1 hotel project, the subsidy period would commence upon the recordation of the Covenant (expected in, say, 2027) and end in 2037 (10 years later), unless the operator receives their full certified investment back sooner. In no event will a subsidy under this program continue beyond 30 years for any single project. After the end date, the City will receive the full 100% of TOT from the hotel.
Description of the Subsidy & Estimated Total Amount:

The subsidy is in the form of a rebate of transient occupancy tax (hotel bed tax) revenues that the City would otherwise collect, up to a percentage of the increment in TOT attributable to the hotel project, as defined by the program tiers. The TOT rate in Palm Springs is 11.5% for “small hotels” and 13.5% for “larger hotels” applied to gross room revenue (unchanged by this ordinance). For an existing hotel renovation, the City will continue to collect the “base” TOT (the hotel’s pre-project average) in full; the TOT increment (increased revenue) generated by the improved hotel will be split with the operator. For a new hotel, all TOT generated is new revenue and subject to the sharing split. Depending on the project’s investment tier, the City will rebate between 50% and 90% of the TOT increment to the operator for a set term, with the City retaining the remaining 10% to 50% of the TOT increment during that term. In addition, a small number of projects may receive a bonus 5–10% share (reducing the City’s portion correspondingly), from year 6 onward, if they meet the historic or location bonus criteria. Importantly, each agreement will specify a maximum dollar amount equal to the operator’s certified investment – once that amount in TOT has been rebated, the subsidy ends (even if the full term of years has not elapsed). Therefore, the estimated total amount of each subsidy will be tied to the project’s cost. For example, if a hotel invests $5,000,000 in a renovation, the maximum subsidy (public revenue “loss”) is $5,000,000 (rebated over the term from new TOT generated). In practice, not all projects will earn the full eligible rebate if their TOT ramp-up is slower than projected or if they reach the term limit first. By way of illustration, under the Base Tier (50% for 10 years), if a hotel’s TOT revenue increases such that it pays a total of $1,714,245 in new TOT over ten years, the City would rebate $857,122 (50%) to the operator and retain $857,122 – that $857k rebate figure represents the subsidy amount. Under a higher tier, say Tier 4 (90%/75% for 30 years), a large new resort might generate on the order of $150 million in TOT over 30 years; the program would allow up to perhaps $120 million of that to be rebated (90% early,

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1 75% later) if needed to recoup the investment, with the City still netting at least $30 million in that scenario. Each agreement’s total subsidy and the schedule of payments will be detailed in the Council staff report at time of approval. It is noted that no upfront City monies are paid out – the subsidy is a sharing of future tax revenue streams, contingent on performance. If a project does not perform as expected (lower occupancy, etc.), the actual rebate paid will be lower since it’s a percentage of actual TOT generated.
Public Purpose of Subsidy:

The public purposes and goals of this Program are to stimulate economic development in Palm Springs by encouraging the operation, maintenance, and expansion of high-quality hotel facilities. The City Council has determined that attracting and retaining first-class hotels yields significant public benefits: (1) The general welfare and material well-being of Palm Springs residents depend largely on the vitality of the tourism and travel industry. (2) Expanding and upgrading the City’s inventory of hotel rooms creates desirable visitor accommodations, increases tourism and convention business, provides employment opportunities for local residents, and strengthens the City’s economy. (3) But for these incentives, certain hotel projects (especially renovations of older properties or new luxury hotels with high development costs) might not proceed; by inducing such projects that “would not otherwise exist,” the City ultimately generates new tax revenues for the General Fund (TOT, sales taxes from visitor spending, property taxes, etc.) that support public services. (4) The use of public resources in this manner is for a properly public purpose – namely, the enhancement of tourism infrastructure – and the City Council has deemed this objective to be of paramount importance to the City’s long-term prosperity. Additionally, specific policy objectives include revitalizing blighted or underutilized hotel properties, preserving historic buildings (by providing a financial incentive to restore and continue operating them as hotels), and bolstering the Convention Center’s success (by increasing nearby room inventory and requiring participants to support convention housing needs). In summary, the subsidies are given in exchange for clear public benefits: upgraded hotels that improve the City’s image and visitor experience, greater TOT and other tax revenues after the incentive period, temporary and permanent job creation, and the preservation of important community assets. Projected Tax Revenue Effects:

It is challenging to precisely project tax revenue impacts of the program in aggregate, as it will depend on which hotels participate and their performance.

However, the structure ensures that the City retains a share of each dollar of new TOT revenue and all of the base TOT. During the term of an agreement, the City will receive between 10% and 50% of the incremental TOT from the project, as noted above, which is revenue the City would not have if the project hadn’t occurred. After the incentive term, the City receives 100% of TOT revenues going forward. For context, the City’s TOT revenue has grown substantially due in part to prior hotel incentive projects – e.g., TOT receipts climbed from $12.5M to $22M

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1 annually in the six years following the original program’s launch, indicating that even while sharing TOT with hotels, the City’s tax base expanded. Each individual agreement brought under this program will include a fiscal impact analysis. The City will ensure that the long-term projected TOT gain meets or exceeds the short- term subsidy. Because the incentive is performance-based, if a hotel under- performs, the City isn’t outlaying funds beyond what comes in. In sum, while the program forgoes a portion of new TOT revenue in the short-to-medium term, it should result in net positive revenue in the long term by enabling projects that increase overall TOT generation. (Additionally, improved hotels may raise surrounding property values and generate more sales tax and employment, yielding indirect revenue benefits not captured in TOT figures.). Estimated Employment Creation:

The incentive program is expected to lead to both construction jobs (short-term) and permanent jobs in hospitality (long-term). Every hotel rehabilitation or development will employ contractors and construction workers during the build- out. Upon opening or reopening, hotels typically hire additional staff for operations (front desk, housekeeping, maintenance, food/beverage service, management, etc.). The number of jobs varies by hotel size and class. For example, a small 10- room hotel renovation under the program recently reported creating 4 new full-time and 2 part-time positions (approximately 4 full-time-equivalent jobs) after improvements. Larger full-service hotels can employ dozens to hundreds of staff.

While we cannot precisely predict job numbers without knowing specific projects, we anticipate that each participating project will contribute to job growth. The program’s broader aim is to boost year-round employment in the tourism sector by increasing hotel occupancy and visitor spending. Each subsidy agreement under Gov. Code §53083 will enumerate the estimated jobs created by that particular project (broken down by full-time, part-time, temporary). In general, renovated and newly opened hotels lead to more staffing than shuttered or underutilized properties, so the program should have a positive impact on local employment and wages (especially when prevailing wage provisions apply for construction workers).

ENVIRONMENTAL ASSESSMENT:

Approval of the ordinance and incentive program does not constitute a “Project” under the California Environmental Quality Act (CEQA), as it can be seen with certainty that there is no possibility for it to cause a direct physical change in the environment (CEQA Guidelines §15061(b)(3)). The ordinance involves the creation of an economic assistance program (a governmental financing mechanism) and does not directly authorize any specific development or construction activity. Each hotel development or renovation project that may utilize this program will undergo its own discretionary review and environmental assessment, as applicable, at the time of its entitlement. This action is an organizational/administrative activity of the City in furtherance of its economic

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1 development goals and thus is not a “project” as defined in CEQA Guidelines §15378(b)(5).

ALIGNMENT WITH STRATEGIC PLANNING:

This initiative aligns with the City’s Strategic Plan focus on “Quality of Life” and “Advancing Economic Development.” The initiative also follows B2.2 of the recently approved Palm Springs Economic Development Strategic Framework (B2.2 “Update the Hotel Operations Incentive”). By stimulating private investment in hotel improvements, the City encourages job creation (both construction and hospitality jobs with living wages) and enhances the overall livability and prosperity of the community. A robust tourism economy supports better services and amenities for residents and visitors alike. Furthermore, preserving historic hotels and improving the built environment contribute to community pride and cultural enrichment, key aspects of quality of life in Palm Springs.

FISCAL IMPACT:

Adoption of the ordinance has no immediate fiscal impact, as it does not appropriate funds or approve a specific subsidy. However, implementation of the Hotel Incentive Program will affect the City’s collection of Transient Occupancy Tax revenues regarding incremental TOT collected from hotels undergoing investment in the community.

Under each incentive agreement, the City will temporarily forgo a portion of new TOT revenue generated by the participating hotel, rebating that portion to the operator, subject to the limits described. The City will continue to collect all existing baseline TOT (for renovations of existing hotels) and will collect a share of incremental TOT during the agreement term, plus full TOT thereafter. In essence, the program leverages future revenue growth – there is no out-of-pocket cost to the City’s current General Fund, only an opportunity cost against future tax receipts. Each agreement will be structured so that the City retains at least 10–50% of the increment in the interim and enjoys 100% of the revenue once the hotel’s investment is reimbursed or the term ends.

Because the incentives are performance-based, the City’s General Fund is protected: if a hotel does not increase its TOT as projected, the City simply pays a smaller rebate (since it’s a percentage of actual TOT). If the hotel succeeds, the City gains additional TOT revenue even while sharing (for example, under a 50% rebate, the City nets $1 for every $1 rebated).
As an illustration, a hotel approved last year shows how the fiscal impact is computed: the hotel’s TOT baseline was $102,481 per year; with renovations, it is expected to generate substantially more TOT. The City agreed to rebate 50% of the incremental TOT over that $102,481 base for up to 10 years, with a maximum rebate of $857,122 (which corresponds to $1.714 million in new TOT over the period). In that scenario, the City also retains $857,000 in new

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1 revenue over the same period, and after year 10 will receive all (base and increment) TOT going forward.

For larger projects in higher tiers, the City’s share initially may be smaller (e.g. 10%), but those projects are anticipated to produce much larger gross TOT. Even a 10% share of a major resort’s TOT can equal or exceed a 50% share of a small hotel’s TOT in dollar terms. Moreover, the long-term fiscal outlook is strongly positive: once each agreement concludes, the City’s revenue from that hotel jumps to 100% of TOT – essentially a windfall of tax growth that the incentive only delayed partially. History suggests that the program will encourage projects that significantly expand the tax base. For instance, after the initial program spurred widespread hotel upgrades, the City’s annual TOT revenue grew by nearly 75% in six years.

There are some administrative costs to note: City staff time will be required to process applications, monitor compliance, and handle the annual rebate calculations and payments. These can be absorbed by existing staff in the Finance and Economic Development departments, and are justified by the substantial private investment leveraged (historically, every $1 of TOT rebated under the program has leveraged about $1 of private investment and yielded another $1 for the City. Additionally, to comply with State reporting (AB 562), staff will prepare the necessary subsidy reports and post them online, which is a minor cost. Any consulting costs for fiscal analyses of proposals will be covered by application fees or existing economic development funds.

In summary, while the exact fiscal impact will depend on which hotels participate, the program is structured to minimize negative impact on the General Fund. The City is effectively investing a portion of future tax revenue to stimulate projects that provide broader economic and fiscal benefits. Over the long term, the City should realize net new TOT revenue, increased property values, and job growth as a result of the incentivized projects, which will outweigh the temporary sharing of tax revenue. Each agreement will be scrutinized to ensure it is fiscally prudent before Council approval. Staff will also report periodically on the program’s overall outcomes (e.g. amount of TOT rebated vs. retained, private investment generated, etc.) to maintain transparency.

REVIEWED BY:

Department Director: Wayne Olson
City Attorney: Jeffrey S. Ballinger
City Manager: Scott Stiles

ATTACHMENTS:

A. Ordinance No. 5.27 – An Ordinance of the City of Palm Springs, California, Adding Chapter 5.27 to the Municipal Code “The Palm Springs Hotel Incentive Program” B. Historic and current participation in Hotel Incentive programs

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4 ATTACHMENT A
Draft Hotel Operations Incentive Program
Ordinance

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4 ORDINANCE NO. ____

AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 5.27 TO THE PALM

SPRINGS MUNICIPAL CODE, RELATING TO A

RESTRUCTURED HOTEL OPERATIONS INCENTIVE

PROGRAM
City Attorney’s Summary
The existing hotel operations incentive program is limited to hotels constructed and/or renovated during specific periods of time, and over time, this has resulted in fewer hotels being eligible to apply for the program. This ordinance creates a restructured hotel operations incentive program with broader and more streamlined criteria to allow more hotels to apply for the program.

WHEREAS, the City of Palm Springs is a charter city organized pursuant to Article XI of the California Constitution and pursuant to the authority granted the City by Section 5 of Article XI, the City has the power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs not in conflict with general laws and its own charter. Such police powers include without limitation the ability to adopt comprehensive zoning regulations and regulations upon the use of land and property within the City; and WHEREAS, the City has an existing hotel operations incentive program set forth in Chapter 5.26 of the Palm Springs Municipal Code; and WHEREAS, the ability of hotels to qualify for the existing hotel operations incentive program has become increasingly difficult due to specific criteria requiring that qualifying hotels have been constructed and/or renovated during specific periods of time; and WHEREAS, the hotel operations incentive program generated an economic benefit to the City; and
WHEREAS, the City wishes to continue providing a hotel operations incentive program while broadening the criteria to apply for the program; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the proposed ordinance, including, but not limited to, the staff report, and all written and oral testimony presented.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference as material findings in support of this Ordinance.

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4 SECTION 2. Chapter 5.27 is hereby added to the Palm Springs Municipal Code and reads as follows:

Chapter 5.27, Hotel Operations Incentive Program

5.27.010. Purpose.

5.27.020 Definitions.

5.27.030 Approval Process

5.27.040 Incentive Tiers.

5.27.050 Incentive Package Use Distribution.

5.27.060 Operating Covenants.

5.27.070 General Fund Revenues.

5.27.080 Administrative Rules and Regulations.

5.27.090 Program Sunset.

5.27.010. Purpose.

The purpose of this chapter is to provide an incentive program for the operation and maintenance of hotel facilities which enhance the tourist and travel experience for visitors to the city of Palm Springs, maximize the use of the Convention Center, provide attractive and desirable visitor serving facilities and experiences, and assist the city in achieving its tourism goals. In the implementation of this hotel operations incentive program, the city council finds:

A. The general welfare and material wellbeing of the residents of the city of Palm Springs depend in large measure upon the growth and expansion of the tourism and travel industries in the city.

B. The operation, maintenance, and expansion of the inventory of hotels in the city of Palm Springs will create desirable visitor serving facilities that will contribute to the growth and expansion of tourism and travel opportunities in the city, ensure utilization of the Convention Center, provide employment opportunities for the residents of the city, and promote and enhance the economy of the city.

C. It is in the best interest of the city of Palm Springs to induce and encourage the, operation, and maintenance of hotel facilities that would not otherwise exist, thereby creating new sources of tax revenues for the city’s general fund which supports the public services that the city provides its residents.

D. The authority granted and the purposes to be accomplished by this chapter are properly local governmental and public purposes for which public funds can be expended and that the operation, maintenance, and expansion of the inventory of hotels is of paramount importance to the city of Palm Springs, its residents, and businesses.

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4 5.27.020 Definitions.

For the provisions of this chapter, the following definitions shall apply:
“Actual documented investment” or “ADI” means the total verifiable amount spent by the operator on a project developed pursuant to this chapter. ADI includes actual construction costs; furniture, fixtures, and equipment; and soft goods (e.g. bedding, towels, etc.). ADI does not includes professional services costs. “Construction” means the process of making, building, fabricating, installing, and setting up tangible physical enhancements to a hotel that include without limitation, one or more of the following: (1) modification of an existing structure or amenity, (2) new or upgraded furniture, fixtures or equipment, and/or (3) new or upgraded landscaping. Construction may address hotel rooms, common areas, and/or other areas for guest use.
“Convention Center” means, collectively, the Palm Springs Convention Center located at 277 N. Avenida Caballeros, the Jackie Lee Houston Plaza located at the southwest comer of Amado Road and Calle Alvarado, and the East Lot (also known as the 8.86 acre parcel located at the northwest corner of Avenida Caballeros and Amado Road).
“Convention Center Hotel” means a hotel with 125 rooms or more, including onsite restaurant and bar, and at least a Tier 1 level investment. “Entitlements” means all discretionary permits and approvals from the city required for the development of a project.
“Hotel” means any property containing guest rooms designed, intended, and used as transient occupancy accommodations in exchange for compensation. “Operator” means the person who is proprietor of a hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, franchisee, or any other capacity, or the assignee or designee of such proprietor. “Transient occupancy tax base” means the average of the last 36 months of annualized transient occupancy tax owed to the city by an existing hotel prior to the commencement of a qualified renovation program.
“Transient occupancy tax increment” means the difference between the transient occupancy tax base and the amount of transient occupancy tax owed to the city by an existing hotel after the recordation of the operating covenants by the city. “Transient occupancy tax” or “TOT” means the tax described in Chapter 3.24 of this Code.

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4 “Transient occupancy” means an uninterrupted stay of no more than 28 consecutive calendar days.

5.27.030 Approval Process
A. To apply for an incentive package pursuant to this chapter, the operator of a hotel shall complete and submit to the City Manager, the city’s application for participation in the hotel operations incentive program prior to receiving entitlements for the proposed project.

B. The application must:

1. Provide a general description of the project, the project location, projected tax revenue generation, estimated timeline and costs for project;

2. Specify the investment level in Section 5.27.040 that qualifies the project for a specific tier of the hotel operations incentive program; and

3. Include any other information as required by the city.

C. Upon receipt of a completed application, City Manager or his/her designee will review the application and request that city staff perform a fiscal analysis of the proposal and requested incentive tier.

D. Following the completion of the fiscal analysis, the city will negotiate with the operator and develop a proposed incentive package which will be incorporated into a draft agreement for City Manager or City Council consideration and approval, along with the project’s entitlements.

1. The City Manager or his/her designee shall have discretionary approval over incentive packages awarded as part of the hotel operations incentive program valued at less than One
Hundred Thousand Dollars ($100,000.00).

2. The city shall process incentive packages awarded as part of the hotel operations incentive program valued at, or greater than, One Hundred Thousand Dollars ($100,000.00),
pursuant to all requirements of California Government Code 53083 applicable to grants of economic development
subsidies.

E. Applications for the hotel operations incentive program shall be denied if the proposed project has already received entitlements from the city.

F. The city shall not award an incentive package that is greater than the amount equal to ADI.

G. The operator must operate at least 90% of the subject property as a hotel, and make a minimum investment of One Hundred Thousand

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4 ($10,000) per room of the subject hotel, to be eligible for an incentive package pursuant to this chapter.

H. Funding for the hotel operations incentive program, and the award of any incentive packages, is at sole discretion of the city and contingent on available TOT funds.

5.27.040 Incentive Tiers.

The amount of the incentive package that the city can award to an operator for their project is categorized into the following tiers based on the specified factors. The term of an incentive program agreement awarded based on any of the following tiers shall commence on the date of the issuance of the certificate of occupancy.

A. Base Tier. An operator investing a minimum of Ten Thousand Dollars ($10,000) per room is eligible to receive an amount equal to fifty (50) percent of the transient occupancy tax increment collected and remitted to the city pursuant to Chapter 3.24 of this code and such payments shall be made for a total of ten (10) years, or until the operator has received an amount equal to ADI, whichever event occurs first.

B. Tier 1. An operator investing a minimum of One Hundred Thousand Dollars ($100,000) per room is eligible to receive an amount equal to fifty-five (55) percent of the transient occupancy tax increment collected and remitted to the city pursuant to Chapter 3.24 of this code and such payments shall be made for a total of ten (10) years, or until the operator has received an amount equal to ADI, whichever event occurs first.

C. Tier 2. An operator investing a minimum of Two Hundred and Fifty Thousand Dollars ($250,000) per room is eligible to receive an amount equal to ninety (90) percent of the transient occupancy tax increment collected and remitted to the city pursuant to Chapter 3.24 of this code for five (5) years, thereafter decreasing to sixty (60) percent, and such payments shall be made for a total of twenty (20) years, or until the operator has received an amount equal to ADI, whichever event occurs first.

D. Tier 3. An operator investing a minimum of Four Hundred and Fifty Hundred Thousand Dollars ($450,000) per room is eligible to receive an amount equal to ninety (90) percent of the transient occupancy tax increment collected and remitted to the city pursuant to Chapter 3.24 of this code for five (5) years, thereafter decreasing to sixty-five (65) percent, and such payments shall be made for a total of twenty-five (25) years, or until the operator has received an amount equal to ADI, whichever event occurs first.

E. Tier 4. An operator investing a minimum of Seven Hundred and Fifty Hundred Thousand Dollars ($750,000) per room is eligible to receive an amount equal

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4 to ninety (90) percent of the transient occupancy tax increment collected and remitted to the city pursuant to Chapter 3.24 of this code for five (5) years, thereafter decreasing to seventy-five (75) percent, and such payments shall be made for a total of thirty (30) years, or until the operator has received an amount equal to ADI, whichever event occurs first.

F. Projects awarded an incentive package pursuant to this chapter, may be eligible for bonus incentives if the below criteria are met. An operator may only elect to receive one of the following bonuses to their incentive package.

1. Hotels that are Class 1 or Class 2 Historic Resources as defined in Palm Springs Municipal Code Chapter 8.05, shall be eligible to receive an additional five (5) percent of the transient occupancy tax increment collected and remitted to the city beginning in the sixth (6 th) year of the incentive package agreement.

2. Convention Center Hotels shall be eligible to receive an additional ten (10) percent of the transient occupancy tax increment collected and remitted to the city beginning in the sixth (6 th) year of the incentive package agreement.

5.27.050 Incentive Package Use Distribution.

A. In order to receive distributions from an incentive package awarded pursuant to this chapter, the operator shall:

1. Complete the project and have received an approved
certificate of occupancy prior to reimbursement;

2. Provide the city with copies of permits and business licenses of contractor for construction of the project;

3. Demonstrate to the city the costs incurred using original receipts, invoices, construction drawings and/or other form of customarily recognized cost documentation;

4. Maintain an active, operating city business license;

5. Remain current with all TOT payments, and other city fees and obligations, before, during, and after the term of the incentive program agreement; and

6. Provide any and all forms, documents, and records as may be reasonably requested by the city.

B. At least eighty (80) percent of distributions received from an incentive package must be used towards costs associated with construction and furniture, fixtures, and equipment. No more than twenty (20) percent of distributions received from an incentive package may be used towards costs associated with soft goods.

C. The city reserves the right to withhold any distribution from an incentive package should operator violate any of the terms of this chapter. Operator shall have the right to cure any violations of this

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4 chapter within 30 days of receiving a notice of such violation from the city.

5.27.060 Operating Covenants.

A. Each operator participating in the city’s hotel operations incentive program shall execute an operating covenant agreement negotiated between the city and the operator, approved by the City Council, and recorded in the official records of Riverside County at or after the issuance of the certificate of occupancy, against the property where the project receiving the incentive package is being developed.

B. No incentives, rebates, or credits authorized by this code shall be distributed for a project until the operating covenant agreement is approved and recorded against the property.

C. The term of the operating covenant agreement will run from the recording of the operating covenant agreement to the end of the specified term of the incentive package agreement or until the operator has received an amount equal to ADI, whichever event occurs first.

D. Each operating covenant agreement shall include:

1. A requirement that the hotel operate as a hotel open to the public with rooms designed and intended as temporary or overnight accommodations.

2. A requirement that the hotel maintain the applicable qualifying criteria that its particular incentive was contingent on.

3. A requirement that laborers employed relative to the construction of the project be paid the prevailing per diem wage rate for their labor classification, as determined by the State of California, pursuant to Labor Code Sections 1720, et seq. and Palm Springs Municipal Code Section 7.06.030(1), if the total contribution of the city exceeds Six Hundred Thousand Dollars ($600,000) and 2% of total project cost.

2. A general indemnification whereby the operator agrees, for itself and for its successors and assigns, to indemnify, defend with counsel acceptable to the city, and hold the city, together with its officers, members, officials, employees, agents, volunteers, and
representatives, harmless from and against any loss, liability, claim, or judgment arising from or related to the operator’s participation in the hotel operations incentive program pursuant to this chapter.

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4 E. The City Council, in its sole discretion, may include other conditions in an operating covenant agreement to preserve the goals and intent of this chapter.

5.27.070 General Fund Revenues.

Notwithstanding the provisions of Sections 3.24.030, 3.24.035, and 3.24.310 of this code, all transient occupancy tax revenues or transient occupancy tax increment remitted to the city by an operator of a hotel covered by operating covenants as provided in this chapter shall be deemed general fund revenues of the city and shall be deposited in the city’s general fund.

5.27.080 Administrative Rules and Regulations.

Consistent with the intent and goals of this chapter, the City Manager may adopt administrative rules and regulations for implementation and furtherance of the requirements of this chapter.

5.27.090 Program Sunset.

The hotel operations incentive program set forth in this chapter shall cease accepting applications on December 31, 2030.
(Ord. 1730 § 2, 2008; Ord. 1742 § 1, 2008; Ord. 1772 § 1, 2010; Ord. 1786 § 1, 2011; Ord. 1821 § 1, 2013; Ord. 1972 § 1, 2019; Ord. 2087, 9/14/2023) SECTION 4. The ordinance and incentive program does not constitute a “Project” under the California Environmental Quality Act (CEQA), as it can be seen with certainty that there is no possibility for it to cause a direct physical change in the environment (CEQA Guidelines §15061(b)(3)). The ordinance involves the creation of an economic assistance program (a governmental financing mechanism) and does not directly authorize any specific development or construction activity. Each hotel development or renovation project that may utilize this program will undergo its own discretionary review and environmental assessment, as applicable, at the time of its entitlement. This action is an organizational/administrative activity of the City in furtherance of its economic development goals and thus is not a “project” as defined in CEQA Guidelines §15378(b)(5).

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4 C – Page 670 of 676

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4 PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS _____ DAY OF ______________, 2026.

NAOMI SOTO
MAYOR
ATTEST:

BRENDA PREE, MMC, CERA

CITY CLERK

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4 C – Page 672 of 676

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4 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on _________ and adopted at a regular meeting of the City Council held on __________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

BRENDA PREE, MMC, CERA

CITY CLERK

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ATTACHMENT B
Hotel Incentive Participation List Terms

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Property Name Incentive Start Incentive End Address Term Remaining 1 Hotel Zoso October, 2013 September, 2023 150 S Indian Canyon Dr 10 - 2 Sparrows Hotel October, 2013 September, 2023 1330 E. Palm Canyon Drive 10 - 3 Palm Mountain Resort October, 2015 September, 2025 155 S Belardo Road 10 - 4 Triada Hotel November 2014 October 2019 640 N Indian Canyon Drive 5 - 5 Palm Springs Hotel November, 2014 October, 2024 2135 N. Palm Canyon Drive 10 - 6 Bearfoot Inn January, 2013 December, 2022 888 N. Indian Canyon Dr. 10 1 7 Alcazar Palm Springs January, 2016 December, 2025 622 N Palm Canyon Drive 10 1 8 Rowan Hotel November, 2017 October, 2047 100 W Tahquitz Canyon Way 30 22 9 Descanso Resort February, 2022 January, 2032 288 E Camino Monte Vista 10 7 10Colony Palms March, 2011 February, 2021 572 N Indian Canyon Dr 10 - 11Skylark Hotel March, 2014 February, 2024 1466 N. Palm Canyon Drive 10 - 12Santiago Resort March, 2021 February, 2031 650 E San Lorenzo 10 6 13The Arrive Hotel 10.9% March, 2016 February, 2026 1551 N. Palm Canyon Drive 10 1 14Hyatt Palm Springs May, 2012 April, 2022 285 N Palm Canyon Dr 10 - 15Saguaro Hotel May, 2012 April, 2022 1800 E. Palm Canyon Dr 10 - 16Hilton Palm Springs May, 2013 April, 2023 400 E Tahquitz Canyon Way 10 - 17Margaritaville (Riviera) Hotel June, 2012 May, 2022 1600 N Indian Canyon Dr 10 - 18Dive Palm Springs July, 2015 June, 2025 1586 E Palm Canyon Drive 10 - 19Twin Palms Resorts February, 2023 January, 2033 1930 S Camino Real 10 8 20Caliente Tropics May, 2024 April, 2034 411 E Palm Canyon Dr 10 9 21Royal Sun (formerly LifeHouse) May, 2024 April, 2034 1700 S Palm Canyon Dr 10 9 22Yara Hotel February, 2025 January, 2035 221 E Sonora Rd 10 10 23The Dunes Hotel February, 2025 January, 2035 390 S Indian Canyon Dr 10 10 24Lucille Palm Springs May, 2025 April, 2035 458 W Arenas Rd 10 10

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Page 1 ends

*These time frames are for internal agenda management purposes only. It should not be relied on by any third party for purposes of establishing when an agenda item may actually be heard.

TENTATIVE UPCOMING MEETING SCHEDULE
Updated Wednesday, January 21, 2026

February 11 – Regular Meeting

• Annual Comprehensive Financial Report – Presentation (10 minutes)

February 25 – Regular Meeting

• Mid-Year Financial Update – Business & Legislative (30 minutes) • On-Street (For Sale) Parking Ordinance – Business & Legislative (15 minutes)

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Palm Springs City CouncilJanuary 28, 2026

Palm Springs City Council
January 28, 2026