ATTACHMENT A
Draft Resolution
Disaster Overlay Zone Extension
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, EXTENDING PROGRAMS
FOR THE DISASTER OVERLAY ZONE AREA.
WHEREAS, on May 17, 2025, a bomb exploded outside the American Reproductive Centers fertility clinic at 1199 North Indian Canyon Drive in Palm Springs, California, resulting in the death of the bomber and causing injuries to at least four other individuals; and
WHEREAS, this terrorist attack caused significant damage to the clinic and nearby properties, shattering windows and causing damage to buildings within a several blocks of the bombing site; and
WHEREAS, property owners and business owners have suffered substantially from the property damage as a result of the bombing, impacting business operations and use of property; and
WHEREAS, in an effort to assist in the reconstruction of the fertility clinic and rebuilding of all other businesses and properties damaged in the terrorist attack, the City Council adopted Resolution No. 25312 on May 28, 2025, establishing a Disaster Overlay Zone with the intent of expediting all required City permits and approvals necessary for the reestablishment of the affected businesses and properties; and WHEREAS, Resolution No. 25312 included an automatic sunset date of November 30, 2025;
WHEREAS, the City Council wishes to extend the programs and incentives offered under the Disaster Overlay Zone until repair and reconstruction of all buildings damaged by the bombing is completed;
WHEREAS, the City Council, in adopting this resolution is not levying any new fee or service charge or approving any increase in any existing fee or service charge, but instead is establishing an alternative amount for existing fees/service charges.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the foregoing recitals are true and correct and are incorporated herein by this reference.
SECTION 2.Disaster Overlay Zone Extension. The Disaster Overlay Zone and its associated programs and incentives, as detailed in Resolution No. 25312, is hereby extended until December 31, 2026, unless otherwise extended by a resolution or motion Resolution No. _____
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of the City Council.
SECTION 3.Applicability. This extension of the Disaster Overlay Zone programs and incentives shall only be available as follows:
1. The property was damaged as a result of the bombing on May 17, 2025; and
2. A zoning entitlement has been granted by the City as of the effective date of this Resolution for the repair or rebuilding of the property; and
3. Repair work or construction work has yet to be completed as permitted by the zoning entitlement.
SECTION 4. Severability. The provisions of this Resolution are severable. If any portion, section, subsection, paragraph, clause, sentence, phrase, work, or application of this Resolution is for any reason held to be invalid by a decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Resolution. The City Council declares that it would have adopted this Resolution and each and every portion, section, subsection, paragraph, clause, sentence, phrase, word and application not declared invalid or unconstitutional without regard to whether any portion of this ordinance or application thereof would be subsequently declared invalid.
SECTION 5. CEQA. This Resolution is statutorily and categorically exempt from the requirements of the California Environmental Quality Act (Public Resources Code, §§ 21000 et seq.)(“CEQA”) because it involves a adoption of a governmental funding mechanism, which is not subject to CEQA. (Kaufman & Broad-South Bay, Inc. v. Morgan Hill Unified School District, (1993) 9 Cal.App.4th 464).
SECTION 6. Effective Date. This Resolution shall become effective immediately upon adoption.
ADOPTED THIS 27TH DAY OF MAY, 2026.
SCOTT C. STILES
CITY MANAGER
ATTEST:
BRENDA PREE
CITY CLERK
Resolution No. _____
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
Brenda Pree, City Clerk
City of Palm Springs, California