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HomeMy WebLinkAboutITEM 2B - Combined SR 7-22-25 PLANNING COMMISSION STAFF REPORT DATE: JULY 22, 2025 PUBLIC HEARING SUBJECT: A REQUEST BY FIRST INDUSTRIAL REALTY TRUST INC, OWNER TO CERTIFY A FINAL ENVIRONMENTAL IMPACT REPORT (FEIR), AND APPROVE OF A STATEMENT OF OVERRIDING CONSIDERATIONS; A TENTATIVE PARCEL MAP (#38790) FOR TWO (2) PARCELS; AND A MAJOR DEVELOPMENT PERMIT FOR THE CONSTRUCTION OF TWO WAREHOUSE BUILDINGS ON A NINETY-SIX (96) ACRE PARCEL LOCATED AT THE SOUTHWEST CORNER OF NORTH INDIAN CANYON DRIVE AND 18TH AVENUE. (CASES #STM 2023-0015, & DP 2023-0023) (GM) FROM: DEPARTMENT OF PLANNING SERVICES SUMMARY: This is a request for the Planning Commission to consider a Tentative Parcel Map for a two (2) lot subdivision and a Major Development Permit and associated Final Environmental Impact Report (FEIR) to construct two (2) warehouse buildings; Building 1 equaling 1,516,174-square feet, and Building 2 equaling 398,530-square feet on ninety- six (96) acres as a by-right development in the M-2 (Industrial) zone. The project proposes 929 parking spaces for autos, and 258 loading docks for Building 1, and 302 parking spaces for autos and 42 loading docks for Building 2 located along the northern and southern sides of the warehouse building. For purposes of the California Environmental Quality Act (CEQA), the City Planning Commission has the principal approval authority over the proposed project and is therefore the lead agency. A Final Environmental Impact Report (FEIR) State Clearinghouse number (2024010068) has been prepared and will be a part of the consideration of the project. The FEIR has determined that while a number of impacts can be mitigated, Transportation will cause significant impacts to the environment that cannot be mitigated to a less than significant levels. Therefore, a Statement of Overriding Considerations (SOC) is required. The Planning Commission is therefore being asked to adopt a SOC and Mitigation Monitoring and Reporting Program (MMP) as part of the environmental review process in conjunction with the Major Development Permit for this project. Planning Commission Staff Report July 22, 2025 – Page 2 of 18 Case STM 2023-0015 & DP 2023-0023 – First Industrial Warehouses The proposed project complies with the development standards implemented by the City Council in 2022 when they amended the Municipal Code to permit large warehouse and logistic centers in this area of the City. As such, no further Code amendments, conditional use permits or variances are required as part of this application. The Draft EIR can be found here: First Palm Springs Commerce Center Draft EIR.pdf Final EIR can be found here: FEIR 7-22-25.pdf Statement of Overriding Considerations can be found here: FoF and SOC_07.16.25.pdf RECOMMENDATION: That the Planning Commission take the following actions: 1. Certify that the Final Environmental Impact Report as complete. 2. Adopt the Statement of Overriding Considerations (for those environmental impacts that cannot be mitigated to below the level of significance). 3. Adopt the Mitigation Monitoring and Reporting Program. 4. Approve the Tentative Parcel Map (TPM 2023-0015) and Major Development Permit (DP-2023-0023) application subject to attached conditions of approval. BUSINESS PRINCIPAL DISCLOSURE: The applicant has submitted a Business Disclosure form stating that the property is owned by First Industrial Realty Inc., a publicly traded company as described in the attached form. PROJECT DESCRIPTION: The proposed development located on a vacant 91.97-acre site would be developed with two (2) warehouse buildings with office spaces, truck docking areas and employee parking spaces. The proposed Project would employ approximately 700 to 725 employees. While portions of the site will be operational 24 hours of the day, with trucks accessing the site, the primary hours of operation for office uses will be approximately between 7:00 am and 6:00 pm. Building 1 at 1,516,174 square feet (sf), will include 258 truck trailer docks, four (4) grade doors, 929 parking spaces for cars and trucks, of which 16 spaces would be for handicap parking, 25 bicycle parking areas, as well as external building and internal roadway lighting, landscaping, and trash enclosure areas. Two (2) office areas on each side of the building would be provided along North Indian Canyon Avenue and Indigo Drive, respectively. Site access would be gated for security purposes and provided from North Indian Canyon Drive to the east, and two (2) new internal roadways - Noble Drive to the south and Indigo Drive to the west. Planning Commission Staff Report July 22, 2025 – Page 3 of 18 Case STM 2023-0015 & DP 2023-0023 – First Industrial Warehouses Building 2 at 388,530 sf includes 42 truck trailer docks, two (2) grade doors, 302 parking spaces for cars and trucks, of which eight (8) spaces would be for handicapped parking, 14 bicycle parking areas, as well as external building and internal roadway lighting, landscaping, and trash enclosure areas. Monument signs would be provided at the site entrances at 19th Avenue, and Noble Drive. One (1) office area would be provided at the southeast corner of the building. Site access would be gated and provided from the new roadway for Noble Drive to the north and 19th Avenue to the south. Tentative Tract Map A Tentative Tract Map (#38790) will merge a total of five (5) existing smaller parcels into two (2) parcels. The larger lot (Parcel 1) will be 77.13-acres and the smaller lot at 19.33- acres (Parcel 2). Both are to contain future warehouse development as described in the Staff Report. Major Development Permit The purpose of a Major Development Permit is to ensure that the proposed development is consistent with the General Plan, Zoning Code, and other adopted plans, regulations, and policies of the City; that the location, height, massing, and placement of the proposed development is consistent with applicable standards; and that the necessary infrastructure is in place to serve the proposed development. A Major Development Permit is required for new industrial buildings. Major Development Permit submittals shall include a site plan; preliminary grading plan; floor plans; building elevations; roof plan; landscape plan; material and color selections; lighting plan; and other plans or exhibits required by the Director (Section 94.04.01(B) and 94.04.01(C)(1)(b) of the Palm Springs Zoning Code). Project Construction The proposed project construction will occur in two phases. The construction activities will include site preparation, grading, building construction, paving, and architectural coating. Construction is anticipated to begin in early 2026 and completed in 2027. Along with the warehouse facility, construction will also include circulation and parking facilities, public utilities, and infrastructure, and be undertaken in accordance with the final conditions of approval for the project. Equipment utilized for the construction of the project will meet industry standards and typical construction practices, each piece of construction equipment will operate up to a total of eight hours per day. In addition, to support the project development, there will be off‐site improvements associated with the project’s connection to existing new water and sewer lines infrastructure along N. Indian Canyon Drive and 19th Avenue. It is expected that the off‐ site construction activities would only occur during permitted construction hours. Site Circulation The proposed Project would provide gated access and circulation primarily from N. Indian Canyon Drive and 18th and 19th Avenues. Two (2) internal roadways – Noble Planning Commission Staff Report July 22, 2025 – Page 4 of 18 Case STM 2023-0015 & DP 2023-0023 – First Industrial Warehouses Drive and Indigo Drive would provide internal site access. All site access and internal roadways would be constructed with lane widths and rights- of-way adequate for access and circulation of fire trucks and emergency response vehicles. Employee automobile parking and bike storage would be provided in designated parking areas on the site. Truck docking positions and trailer parking would be provided along the northern and southern sides of Building 1 and along the eastern side of Building 2. Circulation for the proposed project includes the development of gated secure access points, internal drive aisles, and paved parking spaces. Access to Building 1 will be provided at four points along Indian Canyon Drive and one point on 19th Avenue plus four access points along Indigo Drive and one connection along Noble Drive; Building 2 will have two entry points from 19th Avenue. All public roadways are either paved or will be improved with new road surfaces, curb, gutter and sidewalks. They will be improved to the standards of the City of Palm Springs General Plan Circulation Element. The project will construct 18th Avenue from the project’s western boundary at Indigo Drive to Indian Canyon Drive at its ultimate half‐section width as a Secondary Thoroughfare, with a minimum pavement width of 64 feet. Indigo Drive at the western edge of the development will be a private street as well as Noble Drive acting as an internal circulation street Within the Transportation chapter of the EIR vehicle trip generation rates are analyzed for the Project, as well as a vehicle trip generation summary with daily and peak hour trip generation estimates. For Building 1, the project is anticipated to generate a total of 2,744 vehicle trip‐ends per day with 227 AM peak vehicle hour trips and 242 PM vehicle trip‐ends per day. For Building 2, the project is anticipated to generate a total of 707 vehicle trip-ends per day with 59 AM peak vehicle hour trips and 63 PM peak hour vehicle trips. The remaining trips will occur at off-peak times. This analysis generates the most conservative analysis by assuming operations will be conducted 24 hours a day and 7 days a week to account for future users that may utilize those working hours as well. Infrastructure Plan The utility system planned to serve the project will be designed to provide coordinated infrastructure and public services to adequately serve the project area at full buildout. The project will be served by the following utilities: • Water: Mission Springs Water District (MSWD) • Sewer: Mission Springs Water District • Electricity: Southern California Edison (SCE) MSWD will provide water service for the project property. Existing MSWD water infrastructure is located adjacent to the project, along the surrounding roadways. The sanitary sewer service for the project area is provided by MSWD. Sewer connections to the site will occur with a lateral line to 19th Avenue from an existing sewer line. The project will extend the sewer line connecting to the project with private internal sewer lines. Planning Commission Staff Report July 22, 2025 – Page 5 of 18 Case STM 2023-0015 & DP 2023-0023 – First Industrial Warehouses BACKGROUND AND SETTING: City Council Action: The City Council on January 27, 2022 adopted Ordinance #2056 for a Zone Text Amendment (Case ZTA 5.1547) amending the PSZC Chapter 92 and Chapter 93 relative to the development standards for the M-2 and E-1 zones to allow warehouse uses by-right. This revision specifically identified the area of the City north of Interstate 10, west of North Indian Canyon Drive as an appropriate and desirable location for future development of large-scale warehouse/fulfillment centers and appropriately zoned the area for this type of development. As a matter of land use, the proposed facility is permitted as of right and consistent with the Council directive. Related Relevant City Actions by Planning, Fire, Building, etc… 1/27/2022 The City Council, by a vote of 5-0, adopted Ordinance #2056 amending Palm Springs Zoning Code (PSZC) Chapters 92 and 93 relative to the development standards for the M-2 and E-1 zones to allow warehouse/fulfillment centers. 1/8/2024 Initial Study circulated for a 30-day review period ending on 2-7-24 1/17/2024 Scoping Meeting conducted to provide an opportunity for the public to learn about the proposed project and provide comments on the possible environmental effects. 12/23/2024 Draft Environmental Impact Report (DEIR) available for a 45-day review period ending February 10, 2025 2/11/2025 The DEIR was re-circulated for an additional 20-day comment period ending on March 2, 2025. 7/11/2025 The Final EIR was posted to the State Clearinghouse and on the City web site. Property Posting 2/9/2023 Property posted with “Project Under Consideration” sign DETAILS OF APPLICATION REQUEST: Site Area 96.46-Acres General Plan, Zoning and Land Uses of Site & Surrounding Areas Existing General Plan Designations Existing Zoning Designation Existing Land Use Site IND (Industrial) M-2 (Industrial) Vacant North IND (Industrial) M-2 (Industrial) Desert Hot Springs South IND (Industrial) M-2 (Industrial) Vacant East IND (Industrial) M-2 (Industrial) Desert Hot Springs Planning Commission Staff Report July 22, 2025 – Page 6 of 18 Case STM 2023-0015 & DP 2023-0023 – First Industrial Warehouses West IND (Industrial) M-2 (Industrial) Vacant ANALYSIS: Site Plan: The project proposes the development of Building 1 as a two‐story, 1,516,601‐square‐ foot warehouse and Building 2 as a two-story 391,077-squre foot warehouse on a vacant lot of approximately 96 acres. The project will be constructed in two phases with ultimate build-out to include the warehouses, office space and include associated infrastructure (paved driveways and parking, landscaping, gated access points, retention area, and perimeter fencing). The buildings will be situated in the center of each parcel with auto parking on the east and west ends of Building 1 and the north and south sides of Building 2 with the remainder of the sites to be used for truck/tailor parking and loading docks. The Palm Springs Zoning Code (PSZC) establishes setback requirements for M‐2 zones in the City and requires a minimum setback of 25 feet from a building to the property line. The setbacks for each of the buildings vary on all sides and are compliant with the PSZC. Lot size The minimum lot area for M‐2 zones is 40,000 square feet; the minimum lot width is 200 feet, and the minimum depth is 200 feet. The project lot width for Building 1 is approximately 2,487 feet, and the lot depth is approximately 1,375 feet equaling 3,359,782-square feet; Building 2 has a width of 660 feet and length of 1,286 feet equaling 842,014-square feet. The project is compliant with the lot area, width and depth requirements. Parking: The proposed fulfillment center requires a total of 312 spaces for employee parking, 420 total spaces are provided in the front parking area exceeding the minimum requirement. A total of 306 spaces for truck/tailers are located within the gated area on the north and south sides of the building. The table below shows the parking calculation per Section 93.06.00(D)(36) of the PSZC: Parking Square Feet Parking Ratio Spaces Building 1 1,516,174 sq ft 1st 100,000-sq ft 2nd 100,000-sq ft Remainder Office 1 per 800-sq ft 1 per 1,250-sq ft 1 per 5,000-sq ft 125 spaces 80 spaces 261 spaces 50 spaces Total Parking Required 516 spaces Building 2 398,530 sq ft 1st 100,000-sq ft 2nd 100,000-sq ft Remainder Office 1 per 800-sq ft 1 per 1,250-sq ft 1 per 5,000-sq ft 125 spaces 80 spaces 36 spaces 50 spaces Total Parking Required 291 Spaces Planning Commission Staff Report July 22, 2025 – Page 7 of 18 Case STM 2023-0015 & DP 2023-0023 – First Industrial Warehouses The proposed parking lot includes spaces for low emitting vehicles and EV charging stations located within the automobile parking lot. The applicant has indicated that additional truck EV charging spaces may be provided within the gated parking areas to meet future needs as the industry shifts. Site Lighting: Development of the project will introduce additional lighting to the area. During the period of construction, the project is expected to utilize temporary light fixtures as a standard measure of nighttime construction site safety. These sources of light are generally downward‐oriented, and some are only activated by motion. The temporary construction perimeter fencing (with wind fabric) is expected to visually screen the temporary light fixtures, therefore preventing temporary light spillage effects. Once completed, the project will provide nighttime lighting for security purposes to safely illuminate the parking areas, entrances, signs, and walkways. According to the photometric plan, project light fixtures will consist of downward‐oriented pole‐mounted and wall‐mounted fixtures located throughout the project. The wall‐mounted fixtures will provide lighting for building entryways, sidewalks, and general exterior lighting. The pole‐mounted fixtures are proposed to be located in the parking lot areas and along the paved driveways. The downward‐oriented fixtures are designed to not only provide light on the project site, but also to reduce the amount of light emitted towards adjacent properties. The primary access points (at the southwestern, northeastern, and southeastern property corners) will include light fixtures to illuminate the project’s gated entry points. Per the photometric plan the light fixtures proposed at the project site will comply with the Outdoor Lighting Standards of the PSZC. Mass and Scale: The proposed building will be fifty-three (53) feet in height, and setback 177 feet from property line along Noth Indian Canyon Drive. This increased setback will reduce the scale and visual impact of the building by placing it further away from the right-of-way, therefore reducing the building mass viewed by the motorists on the adjacent streets. The PSZC Sections 92.17.1.04 through 92.17.1.05 establish the development standards and guidelines for properties within the City’s Manufacturing (M‐2) zoning designation. Per the City Council’s 2022 amendment, Section 92.17.1.03(c)(2)(d) allows for a maximum height of sixty (60) feet provided that: (1) the building is located on a parcel of not less than one acre in size; and (2) the building or any portion thereof is set back one foot from any property line for every one foot of vertical height. Further, Section 92.17.0.03(c)(2)(d) limits buildings with a maximum height above forty (40) feet to an M- 2 zoned area bounded by 18th Avenue on the north, Indian Canyon Drive on the east, 19th Avenue on the south, and the western boundary of the zone district on the west. The project meets both of these standards. Thus, the project’s building height of 50 feet complies with the development standards in the PSZC. Planning Commission Staff Report July 22, 2025 – Page 8 of 18 Case STM 2023-0015 & DP 2023-0023 – First Industrial Warehouses Building Design and Landscaping: Architectural details will be reviewed by the Architectural Review Committee (ARC) upon approval of the Development Permit by the Planning Commission. ENVIRONMENTAL IMPACT REPORT AND DETERMINATION Following publication of the Initial Study in January 2024, the Draft EIR in December 2024, and the Re-Circulation of the EIR in February 2025 and the associated public review that concluded in March 2025, a Final EIR has been prepared and distributed to the Planning Commission. The EIR analyzed the following: Aesthetics, Air Quality, Biological Resources, Cultural Resources, Energy Resources, Geology and Soils, Greenhouse Gas Emissions, Hazardous Materials, Hydrology and Water Quality, Noise, Population and Housing, Public Services, Transportation, Tribal Cultural Resources, and Utilities and Service Systems. Other sections of the DEIR analyzed the Significant and Unavoidable Impacts of the project on the environment, Significant Irreversible Environmental Changes, and Growth-Inducing Impacts. The full analysis of the project is found in the EIR for all sections with Mitigation Measures. Less Than Significant Impacts: From the conclusions of the EIR the following were determined to have less than significant impacts and no further mitigation measures are required: Aesthetics, Energy, Hazards and Hazardous Materials, Noise, Hydrology, Public Services, and Utilities and Service Systems. Less Than Significant Impacts with Mitigation Measures: From the conclusions of the DEIR the following were determined to have less than significant impacts if further mitigation measures are implemented: Air Quality, Biological Resources, Cultural Resources, Tribal, Greenhouse Gas Emissions, and Geology and Soils. Significant and Unavoidable Impacts: From the conclusions of the DEIR the following were determined to have significant and unavoidable impacts on the environment: Transportation. In a previous EIR analysis for an adjacent warehouse project it was determined that Greenhous Gas Emissions (GHG) would be significant and unavoidable. The analysis for the First Industrial Commerce warehouse for GHG used best practices modeling that resulted in GHG not being significant and unavoidable. This result is based upon the construction materials, coatings, internal fixtures, and other building elements proposed resulting is less impact than the adjacent project. However, the EIR determined that mitigation measures can be implemented that reduces the impacts to less than significant. Planning Commission Staff Report July 22, 2025 – Page 9 of 18 Case STM 2023-0015 & DP 2023-0023 – First Industrial Warehouses The following section of the staff report will discuss the sections of the EIR that address impacts that are significant and cannot be mitigated to less than significant levels even with the imposition of mitigation measures. Transportation: The Transportation section analyzed proposed improvements to intersections and roadways and other measures required for the implementation of the project. This evaluation is based on the information contained in the N. Indian Canyon/18th Ave High‐ Cube Warehouse Traffic Analysis (TA) Vehicle Miles Traveled and (VMT) Analysis, the Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity, as well as the 2007 Palm Springs General Plan Circulation Element. Analysis of VMT is the most current measure for identifying transportation impacts for land use projects. The City’s General Plan, however, includes policies relating to Level of Service (LOS) to evaluate future road network operations and to identify improvements that will be needed to address project and other development impacts. In terms of cumulative effects, the project is being developed in an area of the City and the region that is still urbanizing. Vacant lands in Palm Springs and Desert Hot Springs are designated for industrial and commercial uses and will generate additional traffic on area roadways. However, these future projects will be required to analyze their traffic impacts and will be required to comply with the City’s policies relating to level of service. The level of impact and mitigation measures, if required, will be developed specific to these projects as they occur. Similar to the proposed project, future projects will be required to pay Development Impact Fee (DIF) fees and contribute to intersection improvements to assure adequate LOS at City intersections. As a result, and as analyzed in the General Plan EIR, area roadways will operate at acceptable levels through build out of the General Plan, and the project and other projects will not have cumulatively considerable impacts on traffic flow. Based upon analysis found in Chapter 4.14 of the EIR there will be significant impacts even with the imposition of all feasible mitigation measures, as follows: TRA -1: VMT Reduction Program The proposed Project shall require all operators on the site to implement a VMT reduction program, to the maximum extent feasible, the following applicable transportation measures as listed under CAPCOA’s Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity, which provides project type, scale, and locational context factors to determine if a transportation measure is applicable to a particular project. • Measure T-8: Provide Ridesharing Program • Measure T-9: Implement Subsidized or Discounted Transit Program • Measure T-10 Provide End-of-Trip Bicycle Facilities Planning Commission Staff Report July 22, 2025 – Page 10 of 18 Case STM 2023-0015 & DP 2023-0023 – First Industrial Warehouses • Measure T-11: Provide Employer-Sponsored Vanpool • Measure T-13: Implement Employee Parking Cash-Out • Measure T-14: Provide electric vehicle charging infrastructure • Measure T-21-A: Implement conventional Carshare Program • Measure T-21-B: Implement electric Carshare Program • Measure T-30: Use cleaner fuel vehicles ALTERNATIVES TO THE PROPOSED PROJECT The EIR in Chapter 7 has considered and evaluated alternatives to the proposed project pursuant to the provisions of Section 15126.6 of the State CEQA Guidelines. Alternatives Considered and Rejected State CEQA Guidelines Section 15126.6(c) requires an EIR to identify any alternatives that were considered by the lead agency but were rejected as infeasible during the scoping process, and to briefly explain the reasons underlying the agency’s determination. Additionally, alternatives may be eliminated from detailed consideration in the EIR if they fail to meet most of the project objectives, or do not avoid any significant environmental effects. The following Alternatives were selected for evaluation of the EIR: 1. Alternative 1 – No Project The project site, under this Alternative, would remain in its current condition as a vacant and undeveloped lot. No development would occur at the site. The existing visual character and visual resources would remain the same, and none of the impacts of the project would occur. The No Project Alternative would not result in impacts to the project site since there would be no development. Alternative 1 is environmentally superior but it does not meet any of the objectives of the proposed project because it would not involve development of the site. 2. Alternative 2 – Industrial Park Alternative Under Alternative 2 - Industrial Business Park Alternative, the proposed Project site would be developed with a mix of industrial, small business and office spaces, vehicle storage and rental facilities, as well as distribution centers. Alternative 2 would provide employment for 604 employees at the site. It would also provide four (4) warehouse storage facilities at a size of 155,000 square feet (sqft) each, two (2) vehicle storage and rental facilities with each facility averaging 28,000 sqft in size, two (2) manufacturing buildings (26,000 sqft each), two (2) wholesale warehouse structures at 275,000 sqft each, and six (6) small business spaces each averaging 4,500 sqft, in size. This Alternative would account for approximately 946 total parking spaces including 574 personal vehicle parking and 30 handicap parking spaces, as well as 24 bicycle parking spaces, 176 trailer parking stalls, and 134 truck dock positions. Alternative 2 would still result in impacts requiring mitigation measures to reduce them. Planning Commission Staff Report July 22, 2025 – Page 11 of 18 Case STM 2023-0015 & DP 2023-0023 – First Industrial Warehouses 3. Alternative 3 – Reduced Intensity Alternative The Reduced Intensity Alternative or Alternative 3 for the proposed Project would develop the site with a reduced intensity industrial project that would reduce both building sizes by 50 percent. Building 1 would be at a maximum size of 758,090 sqft, while Building 2 would be at a maximum size of 194,265 sqft. Alternative #3 would reduce the number of employees on the site to approximately 350 employees, thereby reducing vehicular trip traffic. This Alternative would also account for 338 car parking spaces and 12 handicap parking spaces, as well as 17 spaces for bicycle parking, 270 trailer parking stalls, and 152 truck dock positions, for a total of 803 onsite parking spaces. 4. Alternative 4 – Warehousing Alternative 4 or the Distribution Warehouse Alternative would develop the site with one (1) large distribution warehouse, at an estimated total square footage of 1,904,704 sqft, to store and distribute goods to wholesalers and retailers. Under this Alternative, total building footprint would remain the same as that for the proposed Project, but the total number of employees needed at the site would be reduced to 250 employees, requiring 240 vehicle parking and 10 handicap parking spaces and only 10 bicycle parking spaces to be provided at the site. Under Alternative 4 the total trailer stalls and dock positions would remain the same as that for Alternative 3, with 267 stalls for trailer parking and 152 truck dock positions, for a total of 607 parking spaces at the site. STATEMENT OF OVERRIDING CONSIDERATIONS Based on the analysis contained in the Final EIR, impacts to transportation have been determined to be significant and unavoidable, after all feasible mitigation measures have been considered and adopted. These unavoidable impacts are overridden by the project benefits set forth in the Statement of Overriding Considerations. The City of Palm Springs finds that for each of the significant effects, specific economic, legal, social, technological, or other considerations, including the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the Draft/Final EIR. However, the City finds that with respect to the significant and unavoidable impacts described, specific overriding economic, legal, social, technological or other benefits of the project outweigh the significant effects on the environment. RESPONSE TO COMMENTS The review of the Draft Environmental Impact Report (DEIR) for the project included a 45-day comment period for the original release of the document and subsequent re- circulation. The City received a total of eight (8) letters of comments during the initial review period. The re-circulation did not result in any new letters. CEQA and the CEQA Guidelines provide those written comments received during the public review period for an EIR must be responded to in writing. The responses to comments must provide reasonable, good faith analyses regarding all significant Planning Commission Staff Report July 22, 2025 – Page 12 of 18 Case STM 2023-0015 & DP 2023-0023 – First Industrial Warehouses environmental issues raised in the EIR comments. Responses to comments submitted by another public agency must be provided to the commenting agency at least 10 days before certification of the Final EIR. Comments that are only objections to the merits of the project itself may be addressed briefly, as they do not relate to a specific environmental concern. The complete list of responses to comments is included in the Final Environmental Impact Report attached to this staff report. FINDINGS – TENTATIVE PARCEL MAP (CASE STM 2023-0015) Pursuant to Section 66474 of the Subdivision Map Act, the following findings must be made relative to the proposed map: 1. The proposed Tentative Tract Map or Tentative Parcel Map is consistent with all applicable general and specific plans. The Tentative Parcel Map (TPM) will merge a total of five (5) existing smaller parcels into two (2) parcels. The larger lot (Parcel 1) will be 77.13-acres and the smaller lot at 19.33- acres (Parcel 2) for the purpose of future warehouse development consistent with the General Plan designation of Industrial (IND). The Industrial (IND) land use typically includes warehouses, research and development parks, light manufacturing, laboratories, and industrial services. The approval of the TPM will allow for development consistent with the M-2 (Manufacturing) zone and land uses per the Industrial designation. Specific goals and policies of the IND include: Goal LU3 Attract and retain high-quality industrial and business park development. LU3.1 Encourage well planned research and development areas and business parks that contain coordinated design guidelines and enhanced amenities. LU3.2 Promote opportunities for expansion and revitalization of industrial uses within the City. LU3.7 Continue to work with the Chamber of Commerce and other business promotion groups within the City to attract new industrial businesses to Palm Springs. The proposed project will meet the stated goals above and the finding has been met. 2. The design and improvements of the proposed Tentative Parcel Map are consistent with the zone in which the property is located. The subject 96-acre parcel is currently zoned M-2 (Manufacturing) which typically includes areas for alternative energy development, industrial development, and cultivation uses including warehouses, research and development parks, light manufacturing, laboratories, and industrial services. The approval of the TPM will allow for development consistent with the M-2 (Manufacturing) zone and land uses per the Industrial designation. Any new project would be consistent with underlying zoning and Planning Commission Staff Report July 22, 2025 – Page 13 of 18 Case STM 2023-0015 & DP 2023-0023 – First Industrial Warehouses General Plan Land Use designation and continue through the required entitlement process reviewed by the Planning Commission and the finding has been met. 3. The site is physically suited for this type of development. The parcel is physically suited for a warehouse development as it is currently undeveloped and vacant and contains native scrub brush and other plantings. The 96- acre parcel located at the far north end of the City is an area that is designated for future development. The vacant lot is relatively flat with a gentle slope downward from north to south. The parcel is adequate in size to accommodate future uses that would be consistent with the Industrial land use. Access will be via the construction of a new 19th Avenue and Indigo Drive. Proposed conditions of approval will address all required site modifications consistent with City Standards and will assure safe access to any future development and the finding has been met. 4. The site is physically suited for the proposed density of development. The Tentative Parcel Map will allow the parcels to be developed with two (2) warehouse buildings and a specific project site plan and layout is part of the application. The proposed TPM will result in the merger of five (5) existing smaller parcels into two (2) parcels. The larger lot (Parcel 1) will be 77.13-acres and the smaller lot at 19.33-acres (Parcel 2) and the parcels are physically suited for the proposed development at a density consistent with the Industrial land use designation. Industrial allows for a 0.50 FAR for a stand-alone industrial use. The approval of the TPM will allow for the development in a manner that is consistent with the Industrial land use and development standards of the E-1 zone and the finding has been met. 5. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The subject site is a flat ungraded lot with native vegetation. The TPM project has been analyzed in an EIR as part of the development process. The approval of the TPM into two (2) parcels with intended development has the potential to have impacts on the environment, however as the EIR has determined that implementation of mitigation measures will reduce any impacts to less than significant as a result of the proposed parcel map and the finding has been met. 6. The design of the subdivision or type of improvements is not likely to cause serious public health problems. Any development of the site would be consistent with Section 94.04 of the Palm Springs Zoning Code requiring further review by the Planning Commission and Architectural Review Committee for proposed building elevations, site and landscape plans. Any development will be designed in a way that meets and exceeds City Standards and will include connections to all public utilities including water and sewer systems. The development will have appropriately designed and constructed streets and internal private driveways built to Planning Commission Staff Report July 22, 2025 – Page 14 of 18 Case STM 2023-0015 & DP 2023-0023 – First Industrial Warehouses City standards providing ingress/egress. Access to the site to be via the construction of 19th Avenue connecting with North Indian Canyon Drive. 7. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. The Tentative Parcel Map shows several easements on both parcels. There are reciprocal access easements on the north property line along 19th Avenue and west property line along Indigo Drive. Other easements exist along the property line fronting on North Indian Canyon Drive and 18th Avenue. Any proposed development will need to take into consideration these easements and propose a design that does not encroach, and the finding has been met. FINDINGS – MAJOR DEVELOPMENT PERMIT APPLICATION (CASE DP 2024-0002) Section 94.04.01(D) of the Palm Springs Zoning Code (PSZC) requires an evaluation of the proposed development. Staff has analyzed the findings in order below. 1. The proposed project is consistent with the General Plan and any applicable specific plan; The development proposes to construct two (2) warehouse buildings as a by-right development in the M-2 (Industrial) zone. The project is in an area designated as Industrial (IND) per the General Plan (GP) with a corresponding zoning classification of M-2 (Manufacturing). The project as proposed is a by-right use in the M-2 zone and is consistent with the GP designation. The development also supports the following goals and policies established in the Land Use Element of the General Plan: Goal LU3: Attract and retain high‐quality industrial and business park development. Policy LU3.1: Encourage well‐planned research and development areas and business parks that contain coordinated design guidelines and enhanced amenities. Policy LU3.2: Promote opportunities for expansion and revitalization of industrial uses within the City. Policy LU3.3: Ensure operation of industrial uses is unobtrusive to surrounding areas and prohibit the development of manufacturing uses that operate in a manner or use materials that may impose a danger on adjacent uses or are harmful to the environment. Policy CR1.3 Continue coordination/cooperation with adjacent jurisdictions regarding future roadway sections, standards, and improvements. Planning Commission Staff Report July 22, 2025 – Page 15 of 18 Case STM 2023-0015 & DP 2023-0023 – First Industrial Warehouses Policy CR1.9 Maintain a truck route system that serves business districts, industrial areas, and the Airport. Policy CR1.11 Encourage large employers (employers with 100 or more persons) to adopt incentive programs that include ridesharing, fleet vehicles and vanpools, preferential parking for rideshares, subsidized shuttle bus services, telecommuting, alternative work hour programs, bicycle racks, lockers and shower rooms, and information on transit services to reduce overall traffic volumes in the City. Policy CR1.13 Require the owner or applicant of new development projects to fund the cost to mitigate traffic impacts generated by the new development project to LOS D or better. Policy CR1.14 Pursue an aggressive regional posture advocating new and improved transportation solutions, including continued participation in the Transportation Uniform Mitigation Fee. Policy CR1.16 Require developers, prior to approval of development plans, to provide increased right‐of‐way through land dedications to accommodate additional demand for dual left‐turn and exclusive right‐turn lanes, interchange improvements, bus stops and lanes, bicycle facilities or other improvements required to maintain a minimum 2. The proposed uses are in conformance to the uses permitted in the zone district where the site is located, and are not detrimental to adjacent properties or residents; The subject parcel is zoned M-2 and the proposed warehouse per Section 92.17.1.01(11) is a by-right use in this zone. The proposed warehouse is compliant with the existing land use and zoning designations established by the City of Palm Springs. The area around the site consists of other industrial buildings containing a variety of uses that are consistent with the proposed project and the finding has been met. 3. The proposed project is in conformance to the property development standards for the zone district where the site is located; The proposed application conforms to current development standards as to overall area, density, building height, and required landscaping including the increased setbacks for large format warehouses and the finding has been met. 4. The proposed height and massing of the project is consistent with applicable standards and compatible with adjacent development; Planning Commission Staff Report July 22, 2025 – Page 16 of 18 Case STM 2023-0015 & DP 2023-0023 – First Industrial Warehouses The proposed building will be fifty-three (53) feet in height, and Building 1 is setback 177 feet from property line along North Indian Canon Drive. This setback will reduce the scale of the building by placing it further away from the right-of-way, therefore reducing the building mass viewed by the motorists on the adjacent streets. The project complies with Section 92.17.1.00 through 92.17.1.05 Per Section 92.17.1.03. 5. The proposed setbacks and placement of the building are consistent with applicable standards and consistent with setbacks of adjacent buildings; The proposed project has setbacks greater than the required M-2 zone development standards. The placement of the buildings in the center of the parcels with parking on the east, and west for Building 1 and south, and north sides for Building 2 is consistent with other industrial buildings in the immediate area. Adjacent industrial sites utilize parking and storage yards commonly present to serve warehouse buildings. 6. The site for the proposed project has adequate access to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed uses, and the design for the site plan enhances or continues the city’s existing grid in accordance with the Circulation Plan of the General Plan; Circulation for the proposed project includes the development of gated secure access points, internal drive aisles, and paved parking spaces. Access to Building 1 will be provided at four points along Indian Canyon Drive and one point on 19th Avenue plus four access points along Indigo Drive and one connection along Noble Drive; Building 2 will have two entry points from 19th Avenue. All public roadways are either paved or will be improved with new road surfaces, curb, gutter and sidewalks. They will be improved to the standards of the City of Palm Springs General Plan Circulation Element. The project will construct 18th Avenue from the project’s western boundary at Indigo Drive to Indian Canyon Drive at its ultimate half‐section width as a Secondary Thoroughfare, with a minimum pavement width of 64 feet. Indigo Drive at the western edge of the development will be a private street as well as Noble Drive acting as an internal circulation street. All roads will be constructed per the General Plan Circulation Plan and the finding has been met. 7. On-site circulation conforms to minimum standards, and accommodations are made for safe on-site pedestrian circulation; The internal circulation system will consist of a series of drives around the project buildings. The ends of the project buildings is designated for auto parking for employees, while the paved drive aisles along the building’s north, west, and south sides are designated for truck access only. The proposed internal rights of way vary from 24‐foot‐ wide drives to 185‐foot‐wide drives. The location of the automobile parking on the ends of the buildings allows for a separation from trucks allowing direct pedestrian access into the office sections of the building and the finding has been met. Planning Commission Staff Report July 22, 2025 – Page 17 of 18 Case STM 2023-0015 & DP 2023-0023 – First Industrial Warehouses 8. Landscape areas and open space are in conformance to applicable standards, and the design of stormwater management features are appropriately integrated with other elements of the site design; The project landscape will include drought‐tolerant trees (24‐inch boxes), 12‐foot palms, and ground covers (15‐gallon) typically found in the region, such as fruitless olive, desert museum palo verde, mesquite, African Sumac and Mexican fan palms. Shrubs and accent plantings proposed for the project include agave, aloe coyote bush, bougainvillea, bird of paradise, century plant, red yucca, Texas ranger, beargrass, prickly pear cactus, and blue yucca. Fractured rock, and decomposed granite will provide ground cover. Exterior irrigation will use drip or micro‐spray applicators. Water retention basins are proposed along the southern edge of Building 1 and Building 2. The shade trees will be located within the auto parking lots providing shading. The Architectural Review Committee (ARC) will review the final landscape plan. 9. Public infrastructure, such as water, sewer, and similar utilities, is adequate to serve the proposed project; Mission Springs Water District (MSWD) will provide water service for the project property. Existing MSWD water infrastructure is located adjacent to the project, along the surrounding roadways. Sewer connections to the site will occur on 19th Avenue from an existing sewer line in 19th Avenue. The project will extend the sewer line to connect to the project. Based upon these existing and planned infrastructure improvements the project will meet the finding. 10. Based on environmental review, the proposed project either has no potentially significant environmental impacts, any potentially significant impacts have been reduced to less than significant levels because of mitigation measures incorporated in the project, or a Statement of Overriding Considerations has been adopted to address unmitigated significant environmental impacts; An EIR has been prepared with full analysis of the proposed project. As a result of the EIR findings a Statement of Overriding Considerations (SOC) has been written that explains why the benefit of the project outweighs the unmitigated adverse environmental consequences associated with implementing the project. The EIR has determined that Transportation will cause significant impacts to the environment that cannot be mitigated to a level of less than significant and an SOC is required. All other impacts can be mitigated to a level of less than significant. 11. The proposed project has no unacceptable adverse effects on public welfare, health or safety. The proposed warehouse development as analyzed in the EIR will require the implementation of mitigation measures that will reduce impacts on public welfare, health and safety to a level less than significant as envisioned by CEQA. The SOC provides a Planning Commission Staff Report July 22, 2025 – Page 18 of 18 Case STM 2023-0015 & DP 2023-0023 – First Industrial Warehouses detailed discussion of how the public benefit of the project outweighs the adverse environmental consequences associated with implementing the project resulting in increased employment, tax revenue and improvement to surrounding street networks. A Mitigation Monitoring Program will be implemented, and the development will be required to be constructed with proper permits from the Building Department and require a final inspection from the Building Department staff prior to occupancy. ENVIRONMENTAL DETERMINATION: An Environmental Impact Report (EIR) pursuant to the California Environmental Quality Act (CEQA) has been prepared for the proposed project (State Clearinghouse Number 2023080091) and will be acted upon by the Planning Commission. CONCLUSION: The proposal is for a Tentative Parcel Map as a two (2) lot subdivision and a Major Development Permit as a by-right use to construct two (2) warehouse buildings, Building 1 equaling 1,516,174-square feet and Building 2 equaling 398,530-square feet on ninety- one (91) acres. The proposed warehouses comply with all the requirements outlined in the above-mentioned sections of the Palm Springs Municipal Code and Zoning Code. Therefore, Staff recommends certification of the Final Environmental Impact Report and associated Statement of Overriding Considerations, Findings of Fact, and implementation of the Mitigation Monitoring Program and approve the proposed subject to the attached conditions. Further review by the Architectural Review Committee will evaluate the building architecture, materials, and landscaping. PREPARED BY: Glenn Mlaker, AICP – Associate Planner REVIEWED BY: Edward Robertson – Principal Planner REVIEWED BY: Christopher Hadwin, AICP, Director of Planning Services ATTACHMENTS: 1. Vicinity Map 2. Draft Resolution 3. Conditions of Approval 4. Justification Letter 5. Business Disclosure Form 6. Statement of Overriding Considerations and Mitigation Monitoring Program 7. Final EIR with Response to Comments 8. Site Plan and Building Elevations Documents previously delivered to the Planning Commission: 1. Draft Environmental Impact Report (DEIR) Department of Planning Services Vicinity Map CITY OF PALM SPRINGS Case DP 2023-0023; AR 2023-0104; STM 2023-015 First Palm Springs Commerce Center North Indian Canyon Drive and 18th Avenue RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, CERTIFYING THE ENIRONMENTAL IMPACT REPORT (SCH #2024010068) AS COMPLETE; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND FINDINGS OF FACT PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALTY ACT (CEQA); ADOPTING THE MITIGATION MONITORING PROGRAM; APPROVING A TENTATIVE PARCEL MAP (#38790) AND A MAJOR DEVELOPMENT PERMIT FOR THE CONSTRUCTION OF TWO WAREHOUSE BUILDINGS LOCATED AT THE SOUTHWEST CORNER OF NORTH INDIAN CANYON DRIVE AND 18TH AVENUE, ZONE M-2. (CASE # STM 2023-0015 & DP 2023-0023) THE PLANNING COMMISSION FINDS AND DETERMINES AS FOLLOWS: A. First Industrial Realty Trust Inc. (“Applicant”) has submitted an application with the City pursuant to Section 94.04.01 of the Palm Springs Zoning Code for a Tentative Parcel Map for a two (2) lot subdivision and a Major Development permit and associated Environmental Impact Report (EIR) to construct two (2) warehouse buildings; Building 1 equaling 1,516,174-square feet, and Building 2 equaling 398,530- square feet on ninety-six (96) acres. The application includes the certification of a Final Environmental Impact Report; Statement of Overriding Considerations and Facts and Findings; and adoption of a Mitigation Monitoring Program to meet the requirements of the California Environmental Quality Act (CEQA). B. On January 27, 2022, the City Council adopted Ordinance #2056 amending the Palm Springs Zoning Code Chapters 92 and 93 relative to the development standards for the M-2 and E-1 zones to allow warehouse/fulfillment centers as a by-right use. C. On January 17, 2024, a Scoping Meeting was conducted to provide an opportunity for the public to learn about the proposed project and provide comments on the possible environmental effects the City should study in the EIR process. D. On December 23, 2024 a Draft Environmental Impact Report (DEIR) was made available for a 45-day comment period ending on February 10, 2025. E. On February 11, 2025 the DEIR was re-circulated for an additional 20-day comment period ending on March 2, 2025. F. A notice of the public hearing for Cases STM 2023-0015 and DP 2023-0023 was given in accordance with applicable law. G. On July 11, 2025 the Response to Comments was emailed to all commenting parties per CEQA requirements. Planning Commission Resolution No. July 22 2025 Case STM 2023-0015 & DP 2023-0023 First Commerce Realty Page 2 of 10 H. On July 22, 2025, a public hearing on the proposed Tentative Parcel Map and Major Development Permit application and the certification of the final EIR, Statement of Overriding Considerations, and adoption of the Mitigation Monitoring Program was held by the Planning Commission in accordance with applicable law. I. The Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented. J. Pursuant to Section 21067 of the California Environmental Quality Act (“CEQA”), and Section 15367 of the State CEQA Guidelines, the City of Palm Springs (“City”) is the Lead Agency for the Proposed Project; K. The City issued a Notice of Preparation (“NOP”) for a Draft EIR and Re- Circulated Draft EIR for the First Commerce Center on December 17, 2024, and February 11, 2025 and it was transmitted to the State Clearinghouse, local and regional agencies, and posted at the Riverside County Clerk’s office for a 45-day and 20-day comment period where comments and participation were sought from the public and all interested and affected groups and agencies. L. Upon initial circulation on December 23, 2024 and upon Re-Circulation of the EIR on February 11, 2025, the City published a Notice of Availability (“NOA”) which initiated a 45-day public review and comment period of the Draft EIR for the Proposed Project and released the Draft EIR for public review and comment at those times; M. The City prepared a Final EIR, consisting of the comments received during the public review and comment period on the Draft EIR, written responses to those comments, to the Draft EIR and a Mitigation Monitoring and Reporting Program for the Project. For the purposes of this Resolution, the “EIR” shall refer to the Draft EIR, the Final EIR, together with the other sections of the Final EIR. N. An Environmental Impact Report (EIR), State Clearing House #202401068 has been prepared for the proposed “project”. A Statement of Overring Considerations (SOC) has been prepared pursuant to the California Environmental Quality Act Guidelines (“CEQA”). The site is zoned M-2 and is a by-right use for an industrial warehouse and is in conformance with the General Plan and zoning, and no variances or exceptions are required. O. The EIR included a complete and thorough analysis of four (4) Alternatives, including the No Project, Reduced Intensity, Industrial Business Park, and Warehousing alternatives. P. The EIR found that although most project environmental impacts can be reduced to less than significant levels, impacts to Transportation will remain significant and unavoidable. Planning Commission Resolution No. July 22 2025 Case STM 2023-0015 & DP 2023-0023 First Commerce Realty Page 3 of 10 Q. Prior to taking action, the Planning Commission as the Lead Agency has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including the EIR, and all oral and written evidence presented to it during all meetings. R. The EIR reflects the independent judgment of the Planning Commission and is deemed adequate for purposes of making decisions on the merits of the Proposed Project. S. All the requirements of CEQA, and the State CEQA Guidelines, have been satisfied by the City in the EIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the “Project” have been adequately evaluated. T. All other legal prerequisites to the adoption of this Resolution have occurred. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: That the above recitations are true and constitute the Findings of the Planning Commission. Section 2: That the Planning Commission does adopt the Statement of Overriding Considerations attached as Exhibit 4, attached hereto and incorporated herewith by this reference. Section 3: The Planning Commission hereby adopts the Mitigation Monitoring and Reporting Program for the “Project” attached to this Resolution as Exhibit 2. Implementation of the mitigation measures contained in the Mitigation Monitoring and Reporting Program is hereby made a condition of approval of the Project. In the event of any inconsistencies between the mitigation measures set forth herein and the Mitigation Monitoring and Reporting Program, the Mitigation Monitoring and Reporting Program shall control. Section 4: The Planning Commission finds that it has been presented with the EIR, which it has reviewed and considered, and further finds that the EIR is an accurate and objective statement that has been completed in full compliance with CEQA, the State CEQA Guidelines and that the EIR reflects the independent judgment and analysis of the Planning Commission. The Planning Commission declares that no evidence of new significant impacts as defined by the State CEQA Guidelines section 15088.5 have been received by the Planning Commission after circulation of the Draft EIR which would require recirculation. Therefore, the Planning Commission hereby certifies the EIR based on the entirety of the record of proceedings. Planning Commission Resolution No. July 22 2025 Case STM 2023-0015 & DP 2023-0023 First Commerce Realty Page 4 of 10 Section 5: Pursuant to Section 66474 of the Subdivision Map Act, the following findings must be made relative to the proposed map: 1. The proposed Tentative Tract Map or Tentative Parcel Map is consistent with all applicable general and specific plans. The Tentative Parcel Map (TPM) will merge a total of five (5) existing smaller parcels into two (2) parcels. The larger lot (Parcel 1) will be 77.13-acres and the smaller lot at 19.33-acres (Parcel 2) for the purpose of future warehouse development consistent with the General Plan designation of Industrial (IND). The Industrial (IND) land use typically includes warehouses, research and development parks, light manufacturing, laboratories, and industrial services. The approval of the TPM will allow for development consistent with the E-1 (Light Industrial) zone and land uses per the Industrial designation. Specific goals and policies of the IND include: Goal LU3 Attract and retain high-quality industrial and business park development. LU3.1 Encourage well planned research and development areas and business parks that contain coordinated design guidelines and enhanced amenities. LU3.2 Promote opportunities for expansion and revitalization of industrial uses within the City. LU3.7 Continue to work with the Chamber of Commerce and other business promotion groups within the City to attract new industrial businesses to Palm Springs. The proposed project will meet the stated goals above and the finding has been met. 2. The design and improvements of the proposed Tentative Parcel Map are consistent with the zone in which the property is located. The subject 94-acre parcel is currently zoned E-1 (Energy Industrial) which typically includes areas for alternative energy development, industrial development, and cultivation uses including warehouses, research and development parks, light manufacturing, laboratories, and industrial services. The approval of the TPM will allow for development consistent with the E-1 (Light Industrial) zone and land uses per the Industrial designation. Any new project would be consistent with underlying zoning and General Plan Land Use designation and continue through the required entitlement process reviewed by the Planning Commission and the finding has been met. 3. The site is physically suited for this type of development. The parcel is physically suited for a warehouse development as it is currently undeveloped and vacant and contains native scrub brush and other plantings. The 94- Planning Commission Resolution No. July 22 2025 Case STM 2023-0015 & DP 2023-0023 First Commerce Realty Page 5 of 10 acre parcel located at the far north end of the City is an area that is designated for future development. The vacant lot is relatively flat with a gentle slope downward from north to south. The parcel is adequate in size to accommodate future uses that would be consistent with the Industrial land use. Access will be via the construction of a new 19th Avenue and Indigo Drive. Proposed conditions of approval will address all required site modifications consistent with City Standards and will assure safe access to any future development and the finding has been met. 4. The site is physically suited for the proposed density of development. The Tentative Parcel Map will allow the parcels to be developed with two (2) warehouse buildings and a specific project site plan and layout is part of the application. The proposed TPM will result in the merger of five (5) existing smaller parcels into two (2) parcels. The larger lot (Parcel 1) will be 77.13-acres and the smaller lot at 19.33-acres (Parcel 2) and the parcels are physically suited for the proposed development at a density consistent with the Industrial land use designation. Industrial allows for a 0.50 FAR for a stand-alone industrial use. The approval of the TPM will allow for the development in a manner that is consistent with the Industrial land use and development standards of the E-1 zone and the finding has been met. 5. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The subject site is a flat ungraded lot with native vegetation. The TPM project has been analyzed in an EIR as part of the development process. The approval of the TPM into two (2) parcels with intended development has the potential to have impacts on the environment, however as the EIR has determined that implementation of mitigation measures will reduce any impacts to less than significant as a result of the proposed parcel map and the finding has been met. 6. The design of the subdivision or type of improvements is not likely to cause serious public health problems. Any development of the site would be consistent with Section 94.04 of the Palm Springs Zoning Code requiring further review by the Planning Commission and Architectural Review Committee for proposed building elevations, site and landscape plans. Any development will be designed in a way that meets and exceeds City Standards and will include connections to all public utilities including water and sewer systems. The development will have appropriately designed and constructed streets and internal private driveways built to City standards providing ingress/egress. Access to the site to be via the construction of 19th Avenue connecting with North Indian Canyon Drive. 7. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. Planning Commission Resolution No. July 22 2025 Case STM 2023-0015 & DP 2023-0023 First Commerce Realty Page 6 of 10 The Tentative Parcel Map shows several easements on both parcels. There are reciprocal access easements on the north property line along 19th Avenue and west property line along Indigo Drive. Other easements exist along the property line fronting on North Indian Canyon Drive and 18th Avenue. Any proposed development will need to take into consideration these easements and propose a design that does not encroach, and the finding has been met. Section 6: Section 94.04.01(D) of the Palm Springs Zoning Code (PSZC) requires an evaluation of the proposed development. Staff has analyzed the findings in order below. 1. The proposed project is consistent with the General Plan and any applicable specific plan; The development proposes to construct two (2) warehouse buildings as a by-right development in the M-2 (Industrial) zone. The project is in an area designated as Industrial (IND) per the General Plan (GP) with a corresponding zoning classification of M-2 (Manufacturing). The project as proposed is a by-right use in the M-2 zone and is consistent with the GP designation. The development also supports the following goals and policies established in the Land Use Element of the General Plan: Goal LU3: Attract and retain high‐quality industrial and business park development. Policy LU3.1: Encourage well‐planned research and development areas and business parks that contain coordinated design guidelines and enhanced amenities. Policy LU3.2: Promote opportunities for expansion and revitalization of industrial uses within the City. Policy LU3.3: Ensure operation of industrial uses is unobtrusive to surrounding areas and prohibit the development of manufacturing uses that operate in a manner or use materials that may impose a danger on adjacent uses or are harmful to the environment. Policy CR1.3 Continue coordination/cooperation with adjacent jurisdictions regarding future roadway sections, standards, and improvements. Policy CR1.9 Maintain a truck route system that serves business districts, industrial areas, and the Airport. Policy CR1.11 Encourage large employers (employers with 100 or more persons) to adopt incentive programs that include ridesharing, fleet vehicles and vanpools, preferential parking Planning Commission Resolution No. July 22 2025 Case STM 2023-0015 & DP 2023-0023 First Commerce Realty Page 7 of 10 for rideshares, subsidized shuttle bus services, telecommuting, alternative work hour programs, bicycle racks, lockers and shower rooms, and information on transit services to reduce overall traffic volumes in the City. Policy CR1.13 Require the owner or applicant of new development projects to fund the cost to mitigate traffic impacts generated by the new development project to LOS D or better. Policy CR1.14 Pursue an aggressive regional posture advocating new and improved transportation solutions, including continued participation in the Transportation Uniform Mitigation Fee. Policy CR1.16 Require developers, prior to approval of development plans, to provide increased right‐of‐way through land dedications to accommodate additional demand for dual left‐turn and exclusive right‐turn lanes, interchange improvements, bus stops and lanes, bicycle facilities or other improvements required to maintain a minimum 2. The proposed uses are in conformance to the uses permitted in the zone district where the site is located, and are not detrimental to adjacent properties or residents; The subject parcel is zoned M-2 and the proposed warehouse per Section 92.17.1.01(11) is a by-right use in this zone. The proposed warehouse is compliant with the existing land use and zoning designations established by the City of Palm Springs. The area around the site consists of other industrial buildings containing a variety of uses that are consistent with the proposed project and the finding has been met. 3. The proposed project is in conformance to the property development standards for the zone district where the site is located; The proposed application conforms to current development standards as to overall area, density, building height, and required landscaping including the increased setbacks for large format warehouses and the finding has been met. 4. The proposed height and massing of the project is consistent with applicable standards and compatible with adjacent development; The proposed building will be fifty-three (53) feet in height, and Building 1 is setback 177 feet from property line along North Indian Canon Drive. This setback will reduce the scale of the building by placing it further away from the right-of-way, therefore reducing the building mass viewed by the motorists on the adjacent streets. The project complies with Section 92.17.1.00 through 92.17.1.05 Per Section 92.17.1.03. 5. The proposed setbacks and placement of the building are consistent with applicable standards and consistent with setbacks of adjacent buildings; Planning Commission Resolution No. July 22 2025 Case STM 2023-0015 & DP 2023-0023 First Commerce Realty Page 8 of 10 The proposed project has setbacks greater than the required M-2 zone development standards. The placement of the buildings in the center of the parcels with parking on the east, and west for Building 1 and south, and north sides for Building 2 is consistent with other industrial buildings in the immediate area. Adjacent industrial sites utilize parking and storage yards commonly present to serve warehouse buildings. 6. The site for the proposed project has adequate access to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed uses, and the design for the site plan enhances or continues the city’s existing grid in accordance with the Circulation Plan of the General Plan; Circulation for the proposed project includes the development of gated secure access points, internal drive aisles, and paved parking spaces. Access to Building 1 will be provided at four points along Indian Canyon Drive and one point on 19th Avenue plus four access points along Indigo Drive and one connection along Noble Drive; Building 2 will have two entry points from 19th Avenue. All public roadways are either paved or will be improved with new road surfaces, curb, gutter and sidewalks. They will be improved to the standards of the City of Palm Springs General Plan Circulation Element. The project will construct 18th Avenue from the project’s western boundary at Indigo Drive to Indian Canyon Drive at its ultimate half‐section width as a Secondary Thoroughfare, with a minimum pavement width of 64 feet. Indigo Drive at the western edge of the development will be a private street as well as Noble Drive acting as an internal circulation street. All roads will be constructed per the General Plan Circulation Plan and the finding has been met. 7. On-site circulation conforms to minimum standards, and accommodations are made for safe on-site pedestrian circulation; The internal circulation system will consist of a series of drives around the project buildings. The ends of the project buildings is designated for auto parking for employees, while the paved drive aisles along the building’s north, west, and south sides are designated for truck access only. The proposed internal rights of way vary from 24‐foot‐wide drives to 185‐foot‐wide drives. The location of the automobile parking on the ends of the buildings allows for a separation from trucks allowing direct pedestrian access into the office sections of the building and the finding has been met. 8. Landscape areas and open space are in conformance to applicable standards, and the design of stormwater management features are appropriately integrated with other elements of the site design; The project landscape will include drought‐tolerant trees (24‐inch boxes), 12‐foot palms, and ground covers (15‐gallon) typically found in the region, such as fruitless olive, desert museum palo verde, mesquite, African Sumac and Mexican fan palms. Shrubs and accent plantings proposed for the project include agave, aloe coyote bush, bougainvillea, bird of paradise, century plant, red yucca, Texas ranger, beargrass, prickly pear cactus, and blue yucca. Fractured rock, and decomposed granite will provide ground cover. Exterior irrigation will use drip or micro‐spray applicators. Water retention basins are proposed along the southern edge of Building 1 and Building 2. The shade trees will be located within the auto parking lots providing shading. The Planning Commission Resolution No. July 22 2025 Case STM 2023-0015 & DP 2023-0023 First Commerce Realty Page 9 of 10 Architectural Review Committee (ARC) will review the final landscape plan. 9. Public infrastructure, such as water, sewer, and similar utilities, is adequate to serve the proposed project; Mission Springs Water District (MSWD) will provide water service for the project property. Existing MSWD water infrastructure is located adjacent to the project, along the surrounding roadways. Sewer connections to the site will occur on 19th Avenue from an existing sewer line in 19th Avenue. The project will extend the sewer line to connect to the project. Based upon these existing and planned infrastructure improvements the project will meet the finding. 10. Based on environmental review, the proposed project either has no potentially significant environmental impacts, any potentially significant impacts have been reduced to less than significant levels because of mitigation measures incorporated in the project, or a Statement of Overriding Considerations has been adopted to address unmitigated significant environmental impacts; An EIR has been prepared with full analysis of the proposed project. As a result of the EIR findings a Statement of Overriding Considerations (SOC) has been written that explains why the benefit of the project outweighs the unmitigated adverse environmental consequences associated with implementing the project. The EIR has determined that Transportation will cause significant impacts to the environment that cannot be mitigated to a level of less than significant and an SOC is required. All other impacts can be mitigated to a level of less than significant. 11. The proposed project has no unacceptable adverse effects on public welfare, health or safety. The proposed warehouse development as analyzed in the EIR will require the implementation of mitigation measures that will reduce impacts on public welfare, health and safety to a level less than significant as envisioned by CEQA. The SOC provides a detailed discussion of how the public benefit of the project outweighs the adverse environmental consequences associated with implementing the project resulting in increased employment, tax revenue and improvement to surrounding street networks. A Mitigation Monitoring Program will be implemented, and the development will be required to be constructed with proper permits from the Building Department and require a final inspection from the Building Department staff prior to occupancy. THE PLANNING COMMISSION RESOLVES: That the findings and determinations 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 Resolution. Based upon the foregoing, the Planning Commission hereby certifies the Environmental Impact Report (EIR), Statement of Overriding Considerations (SOC), Mitigation Monitoring Program, and approves a Tentative Parcel Map for a two (2) lot subdivision and a Major Development Permit to construct two (2) warehouse buildings; Building 1 at 1,516,174-square feet and Building 2 at 396,530- square feet subject to the conditions set forth in the attached Exhibit A. Planning Commission Resolution No. July 22 2025 Case STM 2023-0015 & DP 2023-0023 First Commerce Realty Page 10 of 10 ADOPTED this 22nd day of July, 2025. MOTION: AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA ______________________________________ Christopher Hadwin, AICP Director of Planning Services 2 RESOLUTION NO._______ EXHIBIT A PALM SPRINGS FIRST INDUSTRIAL COMMERCE CENTER (CASES STM 2023-0015 & DP 2023-0023) TENTATIVE PARCEL MAP & MAJOR DEVELOPMENT PERMIT JULY 22, 2025 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Director of Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADMINISTRATIVE CONDITIONS ADM 1. Project Description. This approval is for the project described per Cases STM 2023-0015 and DP 2023-0023; except as modified with the conditions below; ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, dated July 31, 2023, including site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division except as modified by the conditions below. ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 5. The owner/applicant shall defend, indemnify, and hold harmless the City of Palm Springs, its elected officials, agents, officers, and employees (“Indemnitees”) from any claim, action, or proceeding against the City of Palm Springs or any Indemnitee(s), arising, in any way, out of the approval of this application or the activities authorized by this Tentative Parcel Map and Major Development Permit, including any award of attorney’s fees and/or costs. The 3 City will promptly notify the applicant of any such claim, action, or proceeding and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the Indemnitees. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 6. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, walls, and fences that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner’s sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. ADM 7. Time Limit on Approval. Approval of the Tentative Parcel Map and Development Permit shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ADM 9. Park Development Fees. The developer shall dedicate land or pay a fee in lieu of a dedication, at the option of the City. The in-lieu fee shall be computed pursuant to Ordinance No. 1632, Section IV, by multiplying the area of park to be dedicated by the fair market value of the land being developed plus the cost to acquire and improve the property plus the fair share contribution, less any credit given by the City, as may be reasonably determined by the City based upon the formula contained in Ordinance No. 1632. In accordance with the Ordinance, the following areas or features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, development edges, slopes in hillside areas (unless the area includes a public trail) landscaped development entries, meandering streams, land held as open space for wildlife habitat, flood retention facilities and circulation improvements such as bicycle, hiking and equestrian trails (unless such systems are directly linked to the City’s community-wide system and shown on the City’s master plan). 4 ADM 10. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP) Local Development Mitigation Fee (LDMF) required. All projects within the City of Palm Springs, not within the Agua Caliente Band of Cahuilla Indians reservation are subject to payment of the CVMSHCP LDMF prior to the issuance of certificate of occupancy. ENV 2. California Fish & Game Filing Fee. The project is required to pay a fish and game impact fee as defined in Section 711.4 of the California Fish and Game Code. The applicant is responsible for payment to the City of the CFG impact fee. Coordinate this payment with the project planner. The project may be eligible for exemption or refund of this fee by the California Department of Fish & Game. Applicants may apply for a refund by the CFG at www.dfg.ca.gov for more information. ENV 3. Mitigation Monitoring. The mitigation measures of the EIR shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the EIR will be included in the plans prior to Planning Commission consideration. A third-party consultant shall be hired by the City at the expanse of the applicant to conduct Mitigation Monitoring Program. Mitigation measures are defined in the CEQA Evaluation and summarized here as follows: Aesthetics: AES-1 Throughout construction and the lifetime operations of the Project, the City of Palm Springs and Project proponent shall eliminate all nonessential lighting throughout the Project area and avoid or limit the use of artificial light at night during the hours of dawn and dusk when many wildlife species are most active. The City of Palm Springs and Project proponent shall ensure that all lighting for the Project is fully shielded, cast downward and directed away from surrounding open-space and agricultural areas, reduced in intensity to the 5 greatest extent possible, and does not result in lighting trespass including glare into surrounding areas or upward into the night sky (see the International Dark- Sky Association standards at http://darksky.org/). The City of Palm Springs and Project proponent shall ensure use of LED lighting with a correlated color temperature of 3,000 Kelvins or less, proper disposal of hazardous waste, and recycling of lighting that contains toxic compounds with a qualified recycler. Biological: BIO-1: Prior to Project construction activities, a thorough, recent, floristic-based assessment of special status plants and natural communities, following CDFW’s Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities(see https://wildlife.ca.gov/Conservation/Plants) shall be performed by a qualified biologist. Should any state-listed plant species (excluding CVMSHCP Covered Species) be present in the Project area, the Project proponent shall obtain appropriate CESA authorization for those species prior to the start of Project activities. Should any species of native plants designated as rare, threatened, or endangered by state law (excluding CVMSHCP Covered Species) be present in the Project area, on-site or off-site habitat restoration (whichever is applicable) and/or enhancement and preservation should be evaluated and discussed in detail. Where habitat preservation is not available on-site, off-site land acquisition, management, and preservation shall be evaluated. BIO-2: To the greatest extent feasible, Project construction activities will avoid the peak nesting season (February 1 through September 15). Regardless of the time of year, nesting bird surveys shall be performed by a qualified avian biologist no more than 3 days prior to all vegetation removal or ground disturbing activities. Pre- construction surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior. The qualified avian biologist will make every effort to avoid potential nest predation as a result of survey and monitoring efforts. If active nests are found during the pre-construction nesting bird surveys, a qualified biologist shall establish an appropriate nest buffer to be marked on the ground. Nest buffers are species specific and shall be at least 300 feet for passerines and 500 feet for raptors. A smaller or larger buffer may be determined by the qualified biologist familiar with the nesting phenology of the nesting species and based on nest and buffer monitoring results. Construction activities may not occur inside the established buffers, which shall remain on- site until a qualified biologist determines the young have fledged or the nest is no longer active. Active nests and adequacy of the established buffer distance shall be monitored daily by the qualified biologist until the qualified biologist has determined the young have fledged or 6 the Project has been completed. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance. BIO-3: Suitable burrowing owl habitat has been confirmed on the site; therefore, focused burrowing owl surveys shall be conducted by a qualified biologist according Mitigation (CDFG, 2012 or most recent version) prior to all vegetation removal or ground-disturbing activities. If burrowing owls are detected during the focused surveys, the qualified biologist and Project proponent shall begin coordination with CDFW and USFWS immediately, and shall prepare a Burrowing Owl Plan that shall be submitted to CDFW for review and approval prior to commencing Project activities. The Burrowing Owl Plan shall describe proposed avoidance, minimization, mitigation, and monitoring actions. The Burrowing Owl Plan shall include the number and location of occupied burrow sites (occupied site means at least one burrowing owl or its sign has been observed within the last three years; may be indicated by owl sign including feathers, pellets, prey remains, eggshell fragments, or excrement at or near a burrow entrance or perch site), acres of burrowing owl habitat that will be impacted, details of site monitoring, and details on proposed buffers and other avoidance measures. If impacts to occupied burrowing owl habitat or burrow cannot be avoided, the Burrowing Owl Plan shall also describe minimization and compensatory mitigation actions that will be implemented. Proposed implementation of burrow exclusion and closure should only be considered as a last resort, after all other options have been evaluated as exclusion is not in itself an avoidance, minimization, or mitigation method and has the possibility to result in take. The Burrowing Owl Plan shall identify compensatory mitigation for the temporary or permanent loss of occupied burrow(s) and habitat consistent with the “Mitigating Impacts” section of the 2012 Staff Report and shall implement CDFW- approved mitigation prior to initiation of Project activities. If impacts to occupied burrows cannot be avoided, information shall be provided regarding adjacent or nearby suitable habitat available to owls and the conservation status of adjacent or nearby suitable habitat, along with proposed relocation actions. If no suitable habitat is available nearby, details regarding the creation and funding of artificial burrows (numbers, location, and type of burrows) and management activities for relocated owls shall also be included in the Burrowing Owl Plan. The Project proponent shall implement the Burrowing Owl Plan following CDFW and USFWS review and approval. If Project activities, including burrow exclusion and closure, could result in take of burrowing owl, appropriate CESA authorization should be obtained prior to commencement of Project activities. Preconstruction burrowing owl surveys shall be conducted no less than 14 days prior to the start of Project-related activities and within 24 hours prior to 7 ground disturbance, in accordance with the Staff Report on Burrowing Owl Mitigation (CDFG, 2012 or most recent version). Preconstruction surveys shall be repeated when there is a pause in construction of more than 30 days. Preconstruction surveys shalll be performed by a qualified biologist following the recommendations and guidelines provided in the Staff Report on Burrowing Owl Mitigation. If the preconstruction surveys confirm occupied burrowing owl habitat, Project activities shall be immediately halted. The qualified biologist shall coordinate with CDFW and prepare a Burrowing Owl Plan that shall be submitted to CDFW and USFWS for review and approval prior to commencing Project activities. BIO-4: Prior to construction, the Project Sponsor shall obtain written correspondence from the California Department of Fish and Wildlife (CDFW) stating that notification under section 1602 of the Fish and Game Code is not required for the Project, or the Project Sponsor shall obtain a CDFW- executed Lake and Streambed Alteration Agreement, authorizing impacts to Fish and Game Code section 1602 resources associated with the Project. BIO-5: Throughout construction and the lifetime operations of the Project, the City of Palm Springs and Project proponent shall eliminate all nonessential lighting throughout the Project area and avoid or limit the use of artificial light at night during the hours of dawn and dusk when many wildlife species are most active. The City of Palm Springs and Project proponent shall ensure that all lighting for the Project is fully shielded, cast downward and directed away from surrounding open-space and agricultural areas, reduced in intensity to the greatest extent possible, and does not result in lighting trespass including glare into surrounding areas or upward into the night sky (see the International Dark- Sky Association standards at http://darksky.org/). The City of Palm Springs and Project proponent shall ensure use of LED lighting with a correlated color temperature of 3,000 Kelvins or less, proper disposal of hazardous waste, and recycling of lighting that contains toxic compounds with a qualified recycler. BIO-6: Prior to vegetation removal or ground-disturbing activities, the City of Palm Springs shall collaborate with the Coachella Valley Conservation Commission to plan and implement a salvage of sand-dependent Covered Species within the Project site. Cultural: CUL-1: Initial grubbing and grading of the property (first five feet) shall be monitored by a qualified archeologist and Native American monitor from either the Agua Caliente Band of Cahuilla Indians or other consulting tribe. Prior to any ground‐disturbing activities the project archaeologist shall develop an Archaeological Monitoring and Treatment Plan (AMTP) to address the details, timing, and responsibilities of all 8 archaeological and cultural resource activities that occur on the project site. The AMTP shall also include the process for handling of and mitigating impacts to potentially significant Inadvertent Discoveries in accordance with CEQA requirements, including but not limited to the potential for avoidance or reburial within an open space area of the project as potential treatment. CUL-2: The consulting archaeologist shall have the authority to modify and reduce the monitoring program to either periodic spot‐checks or suspension of the monitoring program should the potential for cultural resources appear to be less than anticipated. In the event resources are identified archaeological and Native American monitoring shall continue until the soil conditions no longer retain the potential to contain cultural deposits. CUL-3: The retained archeologist and Native American monitor shall attend the pregrade meeting with the grading contractors to explain and coordinate the requirements of the monitoring plan. In the event that previously unidentified cultural resources are discovered, the archaeologist and Native American monitor shall have the authority to divert or temporarily halt ground disturbance operation in the area of discovery to allow for the evaluation of potentially significant cultural resources and handling in accordance with CEQA and the AMTP. A final report[s] created as a part of the project (including all associated records) shall be submitted to the Lead Agency by the archaeologist at the end of the monitoring program. CUL-4: Should grading and construction activities at the Project site reveal the presence of human remains, all work at the site shall be stopped and all remains shall be handled in accordance with the California Public Resources Code Section 5097.98. Geology and Soils: GEO-1 Should paleontological resources be discovered at the proposed Project site, the area of the discovery shall be cordoned off and a Riverside County qualified paleontologist shall be consulted to determine the significance of the finds. If the discovery is determined to be significant by the qualified paleontologist, a Paleontological Resource Impact Program (PRIMP) shall be required for the proposed Project prior to approval by the City of Palm Springs to reduce adverse impacts to paleontological resources to a level below significant. The PRIMP shall follow the guidelines of the City of Palm Springs, the County of Riverside, and the recommendations of the Society of Vertebrate Paleontology (2010). The PRIMP shall include methods for: • Attendance by a qualified paleontologist at the preconstruction meeting to consult with the grading and excavation contractors. • On-site presence of a paleontological monitor to inspect for paleontological resources during the excavation of previously undisturbed deposits. 9 • Salvage and recovery of paleontological resources by the qualified paleontologist or paleontological monitor. • Preparation (repair and cleaning), sorting, and cataloguing of recovered paleontological resources. • Donation of prepared fossils, field notes, photographs, and maps to a scientific institution with permanent paleontological collections. Completion of a final summary report that outlines the results of the mitigation. GEO-2 Should site grading activities go below 10 feet, a qualified paleontological monitor shall be retained by the proposed Project applicants(s) to check for fossils. Should site grading activities lead to the discovery of paleontological resources, the proposed Project site shall be cordoned off, all work shall be halted in that area and a qualified paleontologist from Riverside County shall be consulted to assess the significance of the findings. The paleontologist shall have authority to divert grading away from exposed fossils temporarily in order to recover the fossil specimens. GEO-3 Should site grading activities below 10 feet lead to the discovery of paleontological resources, the proposed Project site shall be cordoned off, and a qualified paleontologist from Riverside County shall be consulted to assess the significance of the findings. If the qualified paleontologist deems the discovery to be significant, a Paleontological Resource Impact Program (PRIMP) shall be implemented by a qualified paleontological monitor. If paleontological resources are discovered, construction shall be halted in the area and moved to other parts of the site while the monitor determines the significance of these resources. The paleontologist shall have authority to divert grading away from exposed fossils temporarily in order to recover the fossil specimens. If the find is determined to be significant, avoidance or other appropriate measures shall be implemented as recommended by the monitor. The PRIMP, shall include methods for: • Attendance by a qualified paleontologist at the preconstruction meeting to consult with the grading and excavation contractors. • On-site presence of a paleontological monitor to inspect for paleontological resources during the excavation of previously undisturbed deposits. Salvage and recovery of paleontological resources by qualified paleontologist or paleontological monitor. • Preparation (repair and cleaning), sorting, and cataloguing recovered paleontological resources. • Donation of prepared fossils, field notes, photographs, and maps to a scientific institution with permanent paleontological collections. • Completion of a final summary report that outlines the results of the mitigation program. 10 The PRIMP shall be submitted for approval by the City of Palm Springs. All fossils and associated data recovered during the paleontological monitoring shall be reposted in a public museum or other curation facility based upon the specific resource recovered and recommendations from the paleontological consultant. GEO-4 Prior to placing engineered fill, the exposed bottom surfaces in the removal areas shall be approved by a representative of project geotechnical consultant. The exposed bottom(s) shall be scarified to a minimum depth of 12 inches, moisture- conditioned or air-dried to achieve approximately two percent above optimum moisture content and then compacted with a heavy construction equipment prior to placement of fill. Minimum compaction of the upper 12 inches of the removal bottom shall meet or exceed 90 percent relative compaction. The laboratory maximum dry density, the standard for determining relative compaction, and optimum moisture content for each change in soil type shall be determined in accordance with Test Method ASTM D 1557. GEO-5 If remedial grading is necessary immediately adjacent to the property boundaries, a geotechnical consultant must prepare a plan addressing issues including: temporary backcut slopes shall generally be restricted to a slope ratio of 1:1 (h:v) or flatter to protect adjacent offsite improvements (including pavement, sidewalks, walls, buried utilities, etc.). Depending on the actual horizontal extent of necessary remedial grading, a wedge of unsuitable soil may remain in place along the site perimeter that will extend into the site. Any new perimeter site improvements that are anticipated to be within this zone may need to be designed and constructed with deepened and/or strengthened foundation systems designed to withstand relative movement that is likely to result from settlement of these likely compressible surficial soils. Alternately, the remedial grading adjacent to the site boundaries may be accomplished by the slot-cutting method. More specific recommendations may be appropriate once the rough grading plan is available for review. GEO-6 All fill materials shall be placed in approximately 6- to 8-inch-thick loose lifts, watered or air-dried as necessary to achieve a minimum moisture content at least 2 percent above the optimum moisture condition, and then compacted in-place to a minimum relative compaction of 90 percent. The laboratory maximum dry density and optimum moisture content for each change in soil type shall be determined in accordance with ASTM D 1557. GEO-7 Prior to the start of earthwork, a meeting shall be held at the site with the owner’s representative, contractor, and geotechnical consultant to discuss the work schedule and geotechnical aspects of the grading. Earthwork, which in this instance will generally entail removal and re-compaction of the near surface soils, shall be accomplished under full-time observation and testing by the geotechnical 11 consultant. A representative of the project geotechnical consultant shall be present onsite during all earthwork operations to document placement and compaction of fills, as well as to document compliance with the other recommendations presented herein. Additionally, the project geotechnical consultant shall provide observation and testing services based on scheduling determined during the pre-earthwork meeting during final clearing and grubbing operations to document compliance with the above recommendations. In addition, shall unusual or adverse soil conditions or buried structures be encountered during grading that are not described herein, these conditions shall be brought to the immediate attention of the project geotechnical consultant for corrective recommendations. GEO-8 Footings: a) Exterior continuous footings supporting one- and two-story light-weight construction shall be founded at a minimum depth of 15 inches below the lowest adjacent final grade. For concrete tilt up structures, continuous footings shall be founded at a minimum depth of 24 inches. Interior continuous footings may be founded at a minimum depth of 12 inches below the top of the adjacent finish floor slabs. b) In accordance with Table 1809.7 of 2022 CBC, all continuous footings shall have minimum widths of 12 inches for one- and two-story construction. Petra recommends all continuous footings shall be reinforced with a minimum of two No. 4 bars, one top and one bottom. c) A minimum 12-inch-wide grade beam founded at the same depth as adjacent footings shall be provided across openings such as large doors or bay windows. The grade beam shall be reinforced in a similar manner as provided above. d) Interior isolated pad footings, if required, shall be a minimum of 24 inches square and founded at a minimum depth of 12 inches below the bottoms of the adjacent floor slabs. Pad footings shall be reinforced with No. 4 bars spaced a maximum of 18 inches on centers, both ways, placed near the bottoms of the footings. e) Exterior isolated pad footings intended for support of roof overhangs such as patio covers and similar construction shall be a minimum of 24 inches square, and founded at a minimum depth of 18 inches below the lowest adjacent final grade. The pad footings shall be reinforced with No. 4 bars spaced a maximum of 18 inches on centers, both ways, placed near the bottoms of the footings. Exterior isolated pad footings may need to be connected to adjacent pad and/or continuous footings via tie beams at the discretion of the project structural engineer. 12 f) The minimum footing dimensions and reinforcement recommended herein may be modified (increased or decreased subject to the constraints of Chapter 18 of the 2022 CBC) by the structural engineer responsible for foundation design based on calculations, engineering experience, and judgment. Greenhouse Gas Emissions: GHG-1: The project is to provide a minimum of 101 points per the County Screening Tables. The City shall verify incorporation of the identified Screening Table Measures within the project building plans and site designs prior to the issuance of building permit(s). The City shall verify implementation of the identified Screening Table Measures prior to the issuance of Certificate(s) of Occupancy. Hydrology: HYD-1: All landscaping and irrigation plans, and irrigation systems shall comply with all City ordinances and MSWD’s Water Efficient Landscaping Guidelines. Irrigation systems shall be automatic, operated by a timer. To promote deep root irrigation, the system shall use two bubbler heads or drop heads per tree. HYD-2: The proposed Project shall use, to the extent practicable, native plant materials and drought-tolerant plants. The Project shall not make use of turf grass in the landscape design, instead, ground cover plants consisting of shrubs non-turf grasses, and groundcovers HYD-3: All on-site water supply metering systems shall be installed and maintained in compliance with MSWD’s metering and operating range according to AWWA standards. HYD-4: The proposed Project shall be comply with MSWD rate structures for water and sewer services at the site. Transportation: TRA -1: The proposed Project shall require all operators on the site to implement a VMT reduction program, to the maximum extent feasible, the following applicable transportation measures as listed under CAPCOA’s Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity, which provides project type, scale, and locational context factors to determine if a transportation measure is applicable to a particular project. 13 • Measure T-8: Provide Ridesharing Program • Measure T-9: Implement Subsidized or Discounted Transit Program • Measure T-10 Provide End-of-Trip Bicycle Facilities • Measure T-11: Provide Employer- Sponsored Vanpool • Measure T-13: Implement Employee Parking Cash-Out • Measure T-14: Provide electric vehicle charging infrastructure • Measure T-21-A: Implement conventional Carshare Program • Measure T-21-B: Implement electric Carshare Program • Measure T-30: Use cleaner fuel vehicles TRA-2: Traffic Control Plan: Prior to construction of any project related improvements, including offsite utilities and/ or issuance of a grading permit, the applicant shall prepare and submit to the City of Palm Springs for review and approval detailed construction traffic management plans, including street closure information, detour plans, haul routes, and staging plans as necessary for any off-site work that would encroach on public right-of-way. The construction traffic management plans shall include the following elements, as appropriate: • Provisions for temporary traffic control during all construction activities adjacent to public right-of-way to improve traffic flow on public roadways (e.g., flag person); • Construction-related vehicles shall not park on surrounding public streets; • Provision of safety precautions for pedestrians and bicyclists through such measures as alternate routing and protection barriers; • Schedule construction-related deliveries to reduce travel during peak travel periods; • Obtain the required permits for truck haul routes from the City of Desert Hot Springs prior to the issuance of any permit for the project; and • Obtain a Caltrans transportation permit for use of oversized transport vehicles on Caltrans facilities. • Outline adequate measures to ensure emergency vehicle access during all aspects of the project’s construction, including, but not limited to, the use of flagmen during partial closures to streets surrounding the project site to facilitate the traffic flow until construction is complete. • Include the implementation of security measures during construction in areas that are accessible to the general public to help reduce any increased demand on law enforcement services, including fencing construction areas, providing security lighting, and providing security personnel to patrol construction sites. 14 PLANNING DEPARTMENT CONDITIONS PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a photometric site plan showing the project’s conformance with Section 93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance, shall be submitted for approval by the Department of Planning prior to issuance of a building permit. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be included. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of hillsides is permitted. PLN 2. Water Efficient Landscaping Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs Municipal Code and all other water efficient landscape ordinances. The applicant shall submit a landscape and irrigation plan to the Director of Planning for review and approval prior to the issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the local water agency that they are in conformance with the water agency’s and the State’s Water Efficient Landscape Ordinances. PLN 3. Screen Roof-mounted Equipment. All roof mounted mechanical equipment shall be screened per the requirements of Section 93.03.00 of the Zoning Ordinance. PLN 4. No off-site Parking. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the project site unless a parking management plan has been approved by the Planning Department. PLN 5. Pad Elevations. Final building pad elevations shall not vary more than 12 inches above or below the pad elevation established by the approved preliminary grading plan and / or tentative map. Any deviations from this provision shall require approval by the Architectural Review Committee and/or the Planning Commission. PLN 6. Third-Party Agreement. The applicant shall implement the commitments enforceable under any agreements entered between third-parties including the Sierra Club Settlement Agreement and Release between First Realty Trust Inc. and Sierra Club, as executed on November 26, 2024 (“Settlement Agreement and Release”), agreement with Advocates for the Environment, Southern California District Council of Laborers, and Community Workforce and Training. PLN 7. Renewable Energy. Subject to compliance with the Settlement Agreement and Release, if rooftop solar is not expected to meet the facility’s energy demands, the applicant shall endeavor to use 100% carbon free power via Desert 15 Community Energy or SCE to satisfy the excess power requirements for the project and help reduce any impacts. A determination on the feasibility and applicability of this requirement shall be made by the Director of Planning Services in consultation with the Office of Sustainability and in coordination with the applicant. PLN 8. Zero Emissions Fleet. The Project shall implement a zero emissions fleet as soon as technology permits and is practical and in compliance with state law. PLN 9. Employee Break Areas. The project shall provide indoor and shaded outdoor employee break areas and designate a location for food trucks to offer food service to the facilities employees. PLN 10. Bicycle Storage. The project shall provide indoor bike storage for employees. PLN 11. Union Labor. The Developer shall explore using union labor for construction as feasible and appropriate. PLN 12. Architectural Review Committee (ARC). The ARC shall review landscape plan with special emphasis on shade tree types with the ability to survive the harsh wind and heat conditions at the site. POLICE DEPARTMENT CONDITIONS POL 1. Developer shall comply with Section II of Chapter 8.04 “Building Security Codes” of the Palm Springs Municipal Code. BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on-site, all appropriate permits must be secured. ENGINEERING DEPARTMENT CONDITIONS STREETS ENG 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. All improvements are subject to inspection and a 48-hour inspection notification is required. ENG 2. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Services Department. The plan(s) shall be approved by the City Engineer prior to issuance of any encroachment or building permits. 16 ENG 3. Asphalt concrete paving for streets prior to completion of on-site construction activities, will require additional paving requirements prior to acceptance of the street improvements, including, but not limited to: removal and replacement of damaged asphalt concrete pavement, overlay, slurry seal, or other repairs, as required by the City Engineer. Completion is to be to the satisfaction of the City Engineer, and prior to issuance of a certificate of occupancy. NORTH INDIAN CANYON DRIVE ENG 4. Dedicate an additional 10 feet to provide the ultimate half street right-of-way width of 50 feet along the entire frontage, together with a property line corner-cut-back at the southwest corner of the intersection of North Indian Canyon Drive and 18th Avenue, in accordance with City of Palm Springs Standard Drawing No. 105. ENG 5. Construct an 8 inch curb and gutter, 38 feet west of centerline along the entire frontage, with a 35 feet radius (min) curb return, spandrel and 8 feet wide cross gutter (cross gutter to extend northward across the entire intersection to limits of construction) at the southwest corner of the intersection of North Indian Canyon Drive and 18th Avenue in accordance with City of Palm Springs Standard Drawing No. 200, 206, and 340. ENG 6. Construct three proposed driveway approaches (2 - 55’ wide approaches and 1 – 26’ wide approach) in accordance with City of Palm Springs Standard Drawing No. 205. ENG 7. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. ENG 8. Construct a Type A curb ramp meeting current California State Accessibility standards at the southwestern corner of the intersection of Indian Canyon Drive and 18th Avenue in accordance with City of Palm Springs Standard Drawing No. 212. ENG 9. Construct a 12-feet wide raised, landscaped median island as specified by the City Engineer from 19th Avenue to north property line and existing signalized intersection. Provide left turn pockets as required and allowed by the City Engineer. The median nose width shall be constructed 4 feet wide and shall have stamped concrete. The left turn pockets shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, as approved by the City Engineer. 17 ENG 10. Submit landscaping, lighting and irrigation system improvement plans for review and approval by the City Engineer. The irrigation system and lighting shall be separately metered from the parkway landscaping. Maintenance of the median island under an agreement between the City (city to provide agreement) and Applicant (entity and their successors or assignees) for perpetual maintenance by the applicant. The plans shall be approved in conjunction with the street improvement plans for the median and prior to issuance of encroachment or building permits, unless otherwise allowed by the City Engineer. ENG 11. All median landscaping shall be guaranteed for a period of one year from the date of acceptance by the City Engineer. Any landscaping that fails or is destroyed during the one-year landscape maintenance period shall be replaced with similar plant material to the satisfaction of the City Engineer, and shall be subject to a subsequent one year landscape maintenance period. ENG 12. Construct pavement with a minimum pavement section of 5 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement/centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. (Additional pavement removal and replacement may be required upon review of existing pavement cross-sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ENG 13. Remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards. ENG 14. All broken or off grade street improvements along the project frontage shall be repaired or replaced. 18th AVENUE ENG 15. Dedicate 44 feet to provide the ultimate half street right-of-way width along the entire frontage. ENG 16. Construct a 6 inch curb and gutter, 32 feet south of centerline along the frontage of the project in accordance with City of Palm Springs Standard Drawing No. 200 and 330. 18 ENG 17. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. ENG 18. Construct a Type A curb ramp meeting current California State Accessibility standards at the southeastern corner of the intersection of 18th Avenue and Noble Drive (private street) in accordance with City of Palm Springs Standard Drawing No. 212. ENG 19. Construct pavement with a minimum pavement section of 4 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter pavement to clean sawcut edge of pavement/centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. ENG 20. Remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards. ENG 21. All broken or off grade street improvements along the project frontage shall be repaired or replaced. 19th AVENUE ENG 22. Dedicate 44 feet to provide the ultimate half street right-of-way width along the entire frontage, together with a dedication of right-of-way of an additional 14’ feet to accommodate a turn pocket along the frontage. ENG 23. Construct a 6 inch curb and gutter, 46 feet north of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200 and 330. ENG 24. Construct a 24 feet wide driveway approach and a 52 feet driveway approach in accordance with City of Palm Springs Standard Drawing No. 205. ENG 25. Construct a 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. ENG 26. Construct pavement with a minimum pavement section of 4 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter pavement to clean sawcut edge of 19 pavement/centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. ENG 27. Remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards. ENG 28. All broken or off grade street improvements along the project frontage shall be repaired or replaced. PRIVATE STREET (NOBLE DRIVE) ENG 29. Dedicate a 50 feet wide reciprocal easement for roadway, utility and personnel for the benefit of parcels 1 and 2 along the entire frontage. ENG 30. Construct a 6 inch curb and gutter, 20 feet from centerline on each side of the private street along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. ENG 31. Construct a 24 feet wide driveway approach for parcel 2 and a 55 feet wide driveway approach for parcel 1 and a 55 feet wide driveway approach for parcel 2 in accordance with City of Palm Springs Standard Drawing No. 205. ENG 32. Construct pavement with a minimum pavement section of 4 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter pavement to clean sawcut edge of pavement/centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. PRIVATE STREET (INDIGO DRIVE) ENG 33. Dedicate a 50 feet wide reciprocal easement for roadway, utility and personnel for the benefit of parcels 1 and 2 along the entire frontage. ENG 34. Construct a 6 inch curb and gutter, 20 feet from centerline on each side of the private street along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. ENG 35. Construct two 24 feet wide driveway approaches and two 55 feet wide driveway approaches for parcel 1 in accordance with City of Palm Springs Standard Drawing No. 205. 20 ENG 36. Construct pavement with a minimum pavement section of 4 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter pavement to clean sawcut edge of pavement/centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. ON-SITE ENG 37. The minimum pavement section for all on-site pavement (drive aisles, parking spaces, etc.) shall be 4 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ENG 38. On-site drive aisles or parking lot shall be constructed with curbs, gutters, and cross-gutters, as necessary to accept and convey street surface drainage of the on-site streets to the on-site drainage system, in accordance with applicable City standards. ENG 39. The gated entry (Parcel 1 and 2) is subject to review and approval by the City Engineer and Fire Marshall. The applicant shall provide an exhibit showing truck turning movements around the entry, demonstrating the ability of standard size vehicles to maneuver through the entry (without reversing) if unable to enter the project. A minimum of 50 feet shall be provided between the back of sidewalk on the adjacent street and the gated entry directory/control panel, with an approved maneuvering area provided between the directory/control panel and the entry gates. The ingress and egress lanes shall be a minimum of 20 feet wide, unless otherwise approved by the Fire Marshall. A Knox key operated switch shall be installed at every automatic gate. Secured automated vehicle gates or entries shall utilize a combination of a Tomar Strobeswitch™, or approved equal, and an approved Knox key electric switch when required by the fire code official. Secured non-automated vehicle gates or entries shall utilize an approved padlock or chain (maximum link or lock shackle size of ¼ inch) when required by the fire code official. In the event of a power failure, the gates shall be defaulted or automatically transferred to a fail safe mode allowing the gate to be pushed open without the use of special knowledge or any equipment. If a two-gate system is used, the override switch must open both gates. SANITARY SEWER ENG 40. Construct a private sanitary sewer system in accordance with City of Palm Springs Ordinance No. 1084. The record property owner shall enter into a covenant agreeing to extend the private sewer lines the necessary distance to connect to the public sewer system within one year of official notice that an operating public sewer has been completed within 500 feet of the lot. The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of a grading permit. A current title report or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee in effect at the time that the covenant is submitted shall be paid by the applicant. ENG 41. The City recommends that the applicant contact the Riverside County Health Department for requirements related to the construction of private septic systems. Private septic systems may require additional environmental requirements from Riverside County Health Department and/or the Regional Water Quality Control Board. A “Plan Check Clearance” for septic tank systems will be performed by Riverside County Health Department and/or Regional Water Quality Control Board, following permits for construction of the septic system will be issued by the City of Palm Springs. ENG 42. This project is subject to the requirements of the Mission Springs Water District (MSWD). Provisions for domestic water supply and public sanitary sewer service must be arranged for directly with MSWD. The applicant should contact MSWD (at 760-329-6448) and determine what requirements MSWD may have for provisions of domestic water and/or sanitary sewer service to the property. ENG 43. Pay the Indian Canyon Commercial sewer line extension area fee of $19,469 per EDU in accordance with Resolution No. 24899. Fees shall be paid prior to issuance of a building permit. GRADING ENG 44. Submit a Precise Grading Plan prepared by a California registered Civil engineer to the Engineering Services Department for review and approval. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Services Department for review and approval. The applicant and/or its grading 22 contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more “Coachella Valley Best Available Control Measures” as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant’s or its contractor’s Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Services Department with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related “PM10” Dust Control issues, please contact AQMD at (909) 396-3752, or at http://www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Services Department prior to approval of the Grading plan. b. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report; a copy of the project-specific Final Water Quality Management Plan. ENG 45. Prior to approval of a Grading Plan (or issuance of a Grading Permit), the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist ( a copy of the written approval must be provided to the City) . The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at ACBCI-THPO@aguacaliente.net to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring. ENG 46. In accordance with an approved PM-10 Dust Control Plan, temporary dust control perimeter fencing shall be installed. Fencing shall have screening that is tan in color; green screening will not be allowed. Temporary dust control perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations. ENG 47. Temporary dust control perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into the 23 perimeter fence screening shall not be allowed. Perimeter fencing shall be adequately anchored into the ground to resist wind loading. ENG 48. Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on-site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer. ENG 49. A Notice of Intent (NOI) to comply with the California General Construction Stormwater Permit (Water Quality Order 2022-0057-DWQ as adopted September 8, 2022) is required for the proposed development via the California Regional Water Quality Control Board online SMARTS system. A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer prior to issuance of a grading or building permit. ENG 50. This project requires preparation and implementation of a stormwater pollution prevention plan (SWPPP). As of September 4, 2012, all SWPPPs shall include a post-construction management plan (including Best Management Practices) in accordance with the current Construction General Permit. Where applicable, the approved final project-specific Water Quality Management Plan shall be incorporated by reference or attached to the SWPPP as the Post-Construction Management Plan. A copy of the up- to-date SWPPP shall be kept at the project site and be available for review upon request. ENG 51. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre. (if there is disturbance of 5,000 square feet or more) at the time of issuance of grading permit for mitigation measures for erosion/blowsand relating to this property and development. ENG 52. A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Services Department with the first submittal of a grading plan. ENG 53. The applicant shall provide all necessary geotechnical/soils inspections and testing in accordance with the Geotechnical/Soils Report prepared for the project. All backfill, compaction, and other earthwork shown on the approved grading plan shall be certified by a California registered geotechnical or civil engineer, certifying that all grading was performed in accordance with the Geotechnical/Soils Report prepared for the 24 project. Documentation of all compaction and other soils testing are to be provided even though there may not be a grading plan for the project. Required prior to issuance of Building Permits. ENG 54. The applicant shall provide Grading Certification for all building (or structure) pads in conformance with the approved grading plan to the Engineering Services Department for review and approval prior to issuance of Building Permits. ENG 55. In cooperation with the California Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved “Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties” (Revised - RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 6819 East Gage Avenue, Commerce, CA 90040 (Phone (760)782-3271, (562)505-6415), Sonia.Oran@cdfa.ca.gov WATER QUALITY MANAGEMENT PLAN ENG 56. This project shall be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP’s) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP’s, including mechanical or other means for pre- treating contaminated stormwater and non-stormwater runoff, shall be required. ENG 57. A Final Project-Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading or building permit. The WQMP shall address the implementation of operational Best Management Practices (BMP’s) necessary to accommodate nuisance water and storm water runoff from the site. Direct release of nuisance water to the adjacent property (or public streets) is prohibited. Construction of operational BMP’s shall be incorporated into the Precise Grading and Paving Plan. ENG 58. Prior to issuance of any grading or building permits, the property owner shall record a “Covenant and Agreement” with the County-Clerk Recorder or other instrument on a standardized form to inform future property owners of the requirement to implement and maintain the approved Final Project- Specific Water Quality Management Plan (WQMP). Other alternative 25 instruments for requiring implementation of the approved Final Project- Specific WQMP include: requiring the implementation of the Final Project- Specific WQMP in Home Owners Association or Property Owner Association Covenants, Conditions, and Restrictions (CC&Rs); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Community Service Areas responsible for implementing the Final Project- Specific WQMP; or equivalent. Alternative instruments must be approved by the City Engineer prior to issuance of any grading or building permits. ENG 59. For industrial facilities subject to the General Permit for Stormwater Discharges Associated with Industrial Activity as defined by the Standard Industrial Classification (SIC) code, prior to issuance of certificate of occupancy (OR of “final” approval by City), the applicant shall demonstrate that General Permit coverage has been obtained by providing a copy of the Notice of Intent submitted to the SWRCB and a copy of the notification of the issuance of a Waste Discharge Identification (WDID) Number or other proof of filing. DRAINAGE ENG 60. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. No more than 40-50% of the street frontage parkway/setback areas should be designed as retention basins. On-site open space, in conjunction with dry wells and other subsurface solutions should be considered as alternatives to using landscaped parkways for on-site retention. ENG 61. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $7,746.89 per acre in accordance with Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. ENG 62. All on-site storm drain systems shall be privately maintained by the property owner. GENERAL 26 ENG 63. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, Mission Springs Water District, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. ENG 64. All proposed utility lines shall be installed underground. ENG 65. All existing utilities shall be shown on the improvement plans if required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. ENG 66. Upon approval of any improvement plan (if required) by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD drawing filetype) and PDF (Adobe Acrobat document filetype) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval by the City Engineer. ENG 67. The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented with record drawing “as-built” information and returned to the Engineering Services Department prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. ENG 68. Nothing shall be constructed or planted in the corner cut-off area of any intersection or driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. ENG 69. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904. 27 ENG 70. This property is subject to the Coachella Valley Multiple Species Habitat Conservation Plan Local Development Mitigation Fee (CVMSHCP-LDMF). The LDMF shall be paid prior to issuance of Building Permit. MAP ENG 71. A Parcel Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Services Department for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Parcel Map to the Engineering Services Department as part of the review of the Map. The Parcel Map shall be approved by the City Council prior to issuance of building permits. ENG 72. Upon approval of a final parcel map, the final parcel map shall be provided to the City in G.I.S. digital format, consistent with the “Guidelines for G.I.S. Digital Submission” from the Riverside County Transportation and Land Management Agency.” G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, ArcInfo Coverage or Exchange file, DWG (AutoCAD drawing filetype), DGN (Microstation drawing filetype), DXF (AutoCAD ASCII drawing exchange filetype), and PDF (Adobe Acrobat document filetype) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. TRAFFIC ENG 73. A traffic study has been submitted by Ganddini Group, Inc. and will need to be submitted to the City Engineer for review and approval prior to issuance of a grading permit. Any further mitigation measures that become required as part of the review and approval process are incorporated herein by reference and any subsequent plans and/or studies to be required will need to be approved by the City Engineer prior to issuance of grading permits as well. As determined so far by the traffic study, the following mitigation measures will be required: Indian Canyon Drive at 19th Avenue • Install a traffic signal, including right-turn overlap signal head for eastbound approach. 28 • Modify westbound striping to provide a dedicated left turn lane and shared through-right lane. Indian Canyon Drive at Garnet Avenue • Modify signal phasing for eastbound and westbound to split phasing. • Restripe existing eastbound through lane to a shared left-through lane. • Modify eastbound-westbound traffic signal phasing to split phasing. ENG 74. A minimum of 48 inches of clearance for accessibility shall be provided on public sidewalks. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement if necessary and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the frontage of the subject property. ENG 75. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. ENG 76. Submit traffic striping and signage plans for North Indian Canyon Drive and 18th Avenue, prepared by a California registered civil engineer, for review and approval by the City Engineer prior to issuance of any encroachment or building permits. All required traffic striping and signage improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, and prior to issuance of a certificate of occupancy. ENG 77. Construction signing, lighting and barricading shall be provided during all phases of construction as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 “Temporary Traffic Control” of the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction. ENG 78. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. FIRE DEPARTMENT CONDITIONS FID 1. These Fire Department conditions may not provide all requirements. Owner/developer is responsible for all applicable state and locally adopted 29 fire codes. Detailed plans are still required for review. Conditions are subject to final plan check and review. FID 2. Fire Department Conditions were based on the 2022 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix “T” Development Requirements and latest adopted NFPA Standards. Three (3) complete sets of plans for fire sprinkler/alarms systems must be submitted prior to a building permit being released. FID 3. Conditions of Approval – “Conditions of Approval” received from the Palm Springs Planning Department must be submitted with each plan set. Failure to submit will result in a delay of plan approval. FID 4. Plans and Permits (CFC 105.1): Permits and scaled drawings are required for this project. Plan reviews can take up to 20 working days. Submit an electronic file or a minimum of three (3) sets of drawings for review. Upon approval, the Fire Prevention Bureau will retain one set. Plans shall be submitted to: City of Palm Springs Building and Safety Department 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Counter Hours: 8:00 AM – 6:00 PM, Monday – Thursday A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. These fees are established by Resolution of the Palm Springs City Council. Complete listings and manufacturer’s technical data sheets for all system materials shall be included with plan submittals. All system materials shall be UL listed or FM approved for fire protection service and approved by the Fire Prevention Bureau prior to installation. Plans shall include all necessary engineering features, including all hydraulic reference nodes, pipe lengths and pipe diameters as required by the appropriate codes and standards. Plans and supporting data, (calculations and manufacturers technical data sheets) including fire flow data, shall be submitted with each plan submittal. Complete and accurate legends for all symbols and abbreviations shall be provided on the plans. FID 5. Access During Construction (CFC 503): Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 30 24 feet and an unobstructed vertical clearance of not less than 13'-6". Fire Department access roads shall have an all-weather driving surface and support a minimum weight of 73,000 lbs. FID 6. Fire Department Access Roads/Driveways: Shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150 feet from such roads. FID 7. Required access (CFC 504.1): Exterior doors and openings required by this code or the California Building Code shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided when required by the fire code official. FID 8. Designated Fire Lanes: in private developments shall be not less than 24 feet wide (curb face to curb face) with no parking on either side and shall be identified as afire lanes with red curb, stating in white lettering “ NO PARKING FIRE LANE”, or by approved signage, or by both red curb with lettering and signage. FID 9. Key Box Required to be Installed (CFC 506.1): Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be flush mount type and shall contain keys to gain necessary access as required by the fire code official. Secured emergency access gates serving apartment, town home or condominium complex courtyards must provide a key box in addition to association or facility locks. The nominal height of Knox lock box installations shall be 5 feet above grade. Location and installation of Knox key boxes must be approved by the fire code official. FID 10. Key Box Contents (CFC 506.1): The Knox key box shall contain keys to all areas of ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms, mechanical rooms, elevator rooms, elevator controls, plus a card containing the emergency contact people and phone numbers for the building/complex. FID 11. NFPA 13 Fire Sprinkler Systems Required: An automatic fire sprinkler system is required. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13, 2016 Editions, as modified by local ordinance. Fire pumps maybe also be required due to the size of the building (spa, yoga studio, and gym). 31 FID 12. Fire Alarm Systems Required: An automatic or manual fire alarm system is required. Only a C-10 licensed fire alarm contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 72, 2016 editions, as modified by local ordinance. FID 13. Private Fire Hydrants: Additional private hydrants may be required. FID 14. Turning Radius: Fire access road turns and corners shall be designed with a minimum inner radius of 25 feet and an outs radius of 43 feet. FID 15. Dead Ends: Dead-end fire apparatus roads in excess of 150 feet in length shall be provided with an approved area for turning around a firs apparatus. END OF CONDITIONS First Industrial Realty Trust, Inc. 898 N. Pacific Coast Highway, Suite 175 El Segundo, CA 90245 T: (310) 414-5400 F: (310) 648-3137 www.firstindustrial.com August 2, 2023 Mr. Glenn Mlaker Associate Planner City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 RE: Letter of Justification 23-002 First Desert Commerce Center SEC 18th. & Indian Canyon Drive Palm Springs, CA Dear Glenn, First Industrial Realty Trust (FIRT), owns the approximate 92-acre site at the SEC of 18th. And Indian Canyon, in Palm Springs. The site is zoned industrial and we intend to entitle and build two large industrial buildings on the property. Building 1 will be on the northerly 73- acre site and will be an approximate 1,500,000 sf speculative industrial building. Building 2 on the southern parcel will be approximately 395,000 sf and will be speculative also. Both building will be parked to code and we are not anticipating needing any variances. FIRT will plan on entitling the project in a single phase, and would like to kick off the CEQA process as soon as possible. The two building will bring significant construction jobs while they are being built, and warehouse jobs created by the tenants of the buildings. Depending on the tenant s, there could be a significant amount of ecommerce sales out of the premises’ generating sales tax to the City. FIRT looks forward to working in partnership with the City of Palm Springs to get these buildings approved and build. Part of the development will be to construct some vital infrastructure for the adjacent properties. Please let us know next steps, as we are anxious to move forward. Thank you. Very truly yours, Paul Loubet Entitlement Officer ploubet@firstindustrial.com First Industrial Realty Trust, Inc. 898 N. Pacific Coast Hwy, Suite 175 El Segundo, CA 90245 Direct: (310) 321-3805 | Mobile: (909) 230-3892 (Revised 03 26 19) PUBLIC INTEGRITY DISCLOSURE REPORT Name (Print last, first, middle initial) E-mail Address Position/Title Address Work Phone Reporting Status New Official Annual Update If New Official, Date of Election or Appointment: (mm/dd/yy) Reportable Information – Every official shall disclose each and all of his/her interests, wherein he/she serves as a voting member of a board of directors of a non-profit entity without compensation, as an attorney or accountant for such an entity who provides pro bono services, or as the trustee of a charitable trust. Organization: (include the address, city and state where the the organization is located) Type of organization: Position: No longer held: 1 □Voting Board Member □Attorney □Accountant 2 □Voting Board Member □Attorney □Accountant 3 □Voting Board Member □Attorney □Accountant 4 □Voting Board Member □Attorney □Accountant 5 □Voting Board Member □Attorney □Accountant 6 □Voting Board Member □Attorney □Accountant Check here if additional pages attached. Loubet, Paul, A ploubet@FIRT.com Entitlement Officer 3536 Concurs Ste 340 Ontario, CA 91764 909-230-3892 First Industrial Realty Trust Publicly traded REIT Docusign Envelope ID: C1824B16-E667-4945-8628-D9073A8342A1 (Revised 03 26 19) Reportable Information – Every official shall disclose each and all of his/her rented or leased interests in real property located in the City of Palm Springs. This disclosure shall include leases executed with the Agua Caliente Band of Cahuilla Indians in relation to real property that you own. Property Address: Type of Property: Term of Rental Agreement/ Lease: No longer held: 1 □Home/Residence □Business/Commercial □Investment/Other 2 □Home/Residence □Business/Commercial □Investment/Other 3 □Home/Residence □Business/Commercial □Investment/Other 4 □Home/Residence □Business/Commercial □Investment/Other 5 □Home/Residence □Business/Commercial □Investment/Other 6 □Home/Residence □Business/Commercial □Investment/Other I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Disclosing Party Date On the basis of information contained in this report, I conclude that the filer is in compliance with Palm Springs Municipal Code Section 2.60, except as noted in the “comments” box below. Comments: Signature and Title of Agency’s Final Reviewing Official Check here if additional pages attached. SEC Indian Canyon and 18th St No street address, raw land x NA Docusign Envelope ID: C1824B16-E667-4945-8628-D9073A8342A1 July 10, 2025