Coachella City Council
November 9, 2022

Item 20.
80237.00000\34369633.1
BB&K (2021) -4- PROFESSIONAL SERVICES AGREEMENT–ON CALL employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.9 Period of Performance.

3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification.

3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the

Item 20.
80237.00000\34369633.1
BB&K (2021) -5- PROFESSIONAL SERVICES AGREEMENT–ON CALL employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.3.11 Insurance.

3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the

Item 20.
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BB&K (2021) -6- PROFESSIONAL SERVICES AGREEMENT–ON CALL subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10

Item 20.
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BB&K (2021) -7- PROFESSIONAL SERVICES AGREEMENT–ON CALL 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): (1) Cancellation:

Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy

Item 20.
80237.00000\34369633.1
BB&K (2021) -8- PROFESSIONAL SERVICES AGREEMENT–ON CALL shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations

Item 20.
80237.00000\34369633.1
BB&K (2021) -9- PROFESSIONAL SERVICES AGREEMENT–ON CALL to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.

Item 20.
80237.00000\34369633.1
BB&K (2021) -10- PROFESSIONAL SERVICES AGREEMENT–ON CALL

3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6 Indemnification.

3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by

Item 20.
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BB&K (2021) -11- PROFESSIONAL SERVICES AGREEMENT–ON CALL the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.7 General Provisions.

3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.7.2 Independent Contractors and Subcontracting.

3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Item 20.
80237.00000\34369633.1
BB&K (2021) -12- PROFESSIONAL SERVICES AGREEMENT–ON CALL Consultant: City Advisors
15 Rastro Street
Rancho Mission Viejo, CA 92694
ATTN: Stephanie Tomaino
City: City of Coachella
53990 Enterprise Way
Coachella, CA 92236
ATTN: Gabriel Perez, Development Services Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Ownership of Materials and Confidentiality.

3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or

Item 20.
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BB&K (2021) -13- PROFESSIONAL SERVICES AGREEMENT–ON CALL another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary,

Item 20.
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BB&K (2021) -14- PROFESSIONAL SERVICES AGREEMENT–ON CALL appropriate or convenient to attain the purposes of this Agreement.

3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.

3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

Item 20.
80237.00000\34369633.1
BB&K (2021) -15- PROFESSIONAL SERVICES AGREEMENT–ON CALL

3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.

3.7.22 Order of Precedence. The following order and succession of the referenced documents shall govern in the event of conflict between documents:

3.7.22.1 Amendment(s)

3.7.22.2 This Agreement

3.7.22.3 Task Orders

Item 20.
80237.00000\34369633.1
BB&K (2021) -16- PROFESSIONAL SERVICES AGREEMENT–ON CALL [SIGNATURES ON NEXT PAGE]

Item 20.
80237.00000\34369633.1
BB&K (2021) -17- PROFESSIONAL SERVICES AGREEMENT–ON CALL

SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL

SERVICES BETWEEN THE CITY OF COACHELLA AND

CITY ADVISORS
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF COACHELLA CITY ADVISORS
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Gabriel D. Martin, Ph.D.

City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:

City Clerk

Item 20.
80237.00000\34369633.1
BB&K (2021) Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT–ON CALL
EXHIBIT "A"

SCOPE OF SERVICES
City Advisors focuses on providing reliable, affordable, and efficient contract planning services that is flexible and can be adapted to fit the City’s specific staffing needs and budgetary constraints. The Project Manager, Stephanie Tomaino, will work with the Development Services Director (“Director”) to refine the project-specific scope of work and identify a maximum number of hours to allocate towards the project tasks. We guarantee work will be completed within the contract budget, and without the need for change orders.

City Advisors prides itself on operating honestly, with integrity, and with the highest ethical standards. Exclusively serving public agency clients allows the company to avoid any perceived conflicts of interest. Clients can rely on City Advisors to follow through on our commitments, produce high-quality work, be proactive communicators, and avoid unexpected costs throughout the entire contract term.

City Advisors uses a collaborative and results-driven approach to project management.

The Project Manager will provide regular updates on project statuses, communicate any roadblocks, and identify solutions. The Project Manager is an experienced supervisor that can operate independently, while recognizing issues that require staff consultation before proceeding with the work. The company is invested in building a positive and supportive relationship with City staff and to make a meaningful impact in the community.

City Advisors offers a full complement of planning services including the following:

Zoning Ordinance Updates
City Advisors will work closely with the Director to develop a detailed scope of work and identify City needs for a comprehensive Zoning Ordinance Update. The streamlining effort may include updating regulations for parking, signage, accessory dwelling units, development standards, land uses, and street vendors. The Project Manager’s responsibilities will include, but are not limited to: review current Zoning Ordinance and local regulations; review current State legislation; review current implementation methods and staff interpretations; research regulations and policies from other surrounding cities; discuss challenges and opportunities for improvement with city staff; discuss conceptual Code changes with Director; prepare detailed Zoning Ordinance amendments in track-changes; prepare summary tables presenting changes in consolidated format; hold regular check-ins with Director; work with staff to schedule public meetings; draft public hearing notices, staff reports, resolutions, and attachments; finalize agenda packets following review by the Director; prepare PowerPoint presentations; attend public meetings; present to approval bodies; and participate in any implementation tasks as directed by the Director, such as creating handouts, assisting with website updates, and presenting to in-house planning staff.

Item 20.
80237.00000\34369633.1
BB&K (2021) Exhibit “B”-2 PROFESSIONAL SERVICES AGREEMENT–ON CALL
Entitlement Case Processing
City Advisors will process any assigned discretionary planning applications, including:

Tentative Tract Maps, Tentative Parcel Maps, Conditional Use Permits, Architectural Reviews, and Variances. The Project Manager will oversee all aspects of the case processing, including but not limited to: review development proposals for consistency with the Zoning Ordinance, General Plan, and other local policies and regulations; route applications to other City departments and divisions; consolidate comments from the Planning Division and other City staff into screencheck letters; communicate project statuses and City comments to applicants; coordinate meetings between applicants and City staff; process and review application resubmittals and revisions; work with City staff to schedule public hearings; request conditions of approval from other divisions; draft public hearing notices, staff reports, resolutions, and conditions; finalize agenda packets following review by the Director; prepare PowerPoint presentations; and present projects and staff recommendations to approval bodies. The Project Manager will also ensure all associated administrative tasks are completed, including: monitor developer deposits, log billable hours and tasks, maintain public records and correspondence in City’s database, update project statuses in City’s permit software, rename files, and organize project folders for easy access.

Additional Projects
City Advisors provides project management support on additional assigned projects, such as: Code implementation, permit reviews, new applications development, permit process improvements, standard operating procedures, strategic planning, implementation plans, and other special projects.

Item 20.
80237.00000\34369633.1
BB&K (2021) Exhibit “B”-3 PROFESSIONAL SERVICES AGREEMENT–ON CALL
EXHIBIT "B"

SAMPLE TASK ORDER FORM
Task Order No. _______
Agreement: On-Call Planning Services with City Advisors Consultant: City Advisors
The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above:

List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date: _____________
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above.

CITY OF COACHELLA City Advisors
Dated: Dated:

By: By:

Item 20.
80237.00000\34369633.1
BB&K (2021) Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT–ON CALL EXHIBIT "C"

COMPENSATION
The Consultant’s hourly billing rate for the initial year of the contract is $115 per hour. The hourly billing rate is subject to an annual Consumer Price Index adjustment of 3% over the term of the agreement.

Item 20.

STATEMENT OF

QUALIFICATIONS

Item 20.

City of Coachella Statement of Qualifications
October 26, 2022
Gabriel Perez
Development Services Director
City of Coachella
53990 Enterprise Way
Coachella CA 92236
Dear Mr. Perez,
City Advisors appreciates the opportunity to submit the following Statement of Qualifications.

Company Overview
City Advisors is a contract planning startup established in 2022. The company exclusively serves public agencies providing current and long-range planning services.

City Advisors differentiates itself from other planning consulting firms by providing reliable, affordable, and efficient contract services. With little overhead, City Advisors offers two flexible billing options: a traditional time and materials structure, or a project-based fee structure. The company works collaboratively with cities to develop a project budget that fits within the agency’s means. This unique business model allows City Advisors to offer the most competitive rates around, while providing flexible staffing options if project needs change.

City Advisors prides itself on operating honestly, with integrity, and with the highest ethical standards. Clients can rely on us to follow through on our commitments and avoid unexpected costs throughout the entire contract term. The Project Manager will provide regular updates on project statuses, communicate any roadblocks, and identify solutions.

City Advisors is excited to partner with cities to tackle work backlogs, provide focused support on high-priority entitlement and long-range planning projects, and work with city staff to raise customer service levels.

Services Provided
City Advisors offers a full complement of planning services including the following:
● Building Plan Check Reviews
● Code Implementation
o Including: Designing Applications & Standard Operating Procedures ● Entitlement Case Processing
● Planning Application Case Processing

Item 20.

City of Coachella Statement of Qualifications
● Ordinance Development
o Including: Housing Element Implementation and Objective Design Standards ● Permit Software Implementation
● Permit Process Improvements
o Including Process Mapping and Recommended Strategies
● Special Planning Project Management
● Special Project Management for all City Departments
● Strategic Planning and Implementation Plans for all City Departments ● Zoning Code Amendments
o Including: Streamlining Initiatives and Comprehensive Updates Project Manager
● Stephanie Tomaino, AICP will serve as the Planning Consultant assigned to support the City. Stephanie has over 15 years of professional planning experience. Most of those years were spent in local government serving as an in-house planner at the cities of San Clemente, Irvine, Costa Mesa, Lake Forest, and Mission Viejo. During that time, she managed the Current Planning operations of a Community Development Department supervising a team of staff and contract planners to process over 300 planning applications and 2,000 building plan reviews each year. Stephanie processed many highprofile discretionary applications and is very comfortable presenting projects at public hearings to the Planning Commission and City Council. Prior to founding the company, Stephanie worked in the real estate and development division of Amazon as a Senior Entitlements Manager. In that capacity, she supervised Amazon’s network of last-mile delivery stations in Southern California and the greater Southwest region. Stephanie is a certified planner and active volunteer leader within the American Planning Association (APA) at both the California Chapter and local Orange County levels. She is a part-time lecturer within UC Irvine’s Master of Urban and Regional Planning program. Stephanie holds a Master’s degree in Urban and Regional Planning from California Polytechnic University, Pomona, and Bachelor of Art degrees from UC Irvine.

Project Experience
Over the course of her 15-year professional planning career, Stephanie developed project experience in the following areas:
● Architectural Design Review
● Board, Commission, and City Council presentations
● Community Engagement and Consensus Building
● CEQA and Environmental Compliance
● Coastal Development Permits
● Conditional Use Permits
● Historic Preservation, including reviewing historic resources for compliance with local, State, and Federal regulations
● Minor Exceptions/Adjustments from Code Standards

Item 20.

City of Coachella Statement of Qualifications
● Redevelopment of Commercial and Industrial Properties ● Residential Subdivisions
● Site Development Reviews
● Wireless and Small Cell Facilities (Ministerial and Discretionary Reviews) ● Zoning Code Amendments
● Zoning Compliance Reviews (Ministerial and Discretionary) Billing Structure
Due to the ongoing planning needs of the City of Coachella, a standard time and materials contract is recommended. For long-range planning assignments, the Project Manager will work with the Contract Supervisor to develop the scope of work and identify a maximum number of weekly hours to dedicate towards the project tasks to ensure work is completed within the Department’s budget. For current planning assignments, costs will be based on the number of hours involved in reviewing and processing the entitlement applications. All work will be completed remotely outside of City Hall.

Fees
The Project Manager’s hourly billing rate for the initial year of the contract is $115 per hour. The hourly billing rate is subject to an annual Consumer Price Index adjustment of 3% over the term of the agreement.

We look forward to supporting the City of Coachella with current and future planning needs.

Sincerely,

Stephanie Tomaino, AICP
Owner and Principal

Item 20.

STAFF REPORT
11/9/2022
TO: Honorable Mayor and City Council Members
FROM: Gabriel Perez, Development Services Director
SUBJECT: Introduce Ordinance No. 1199 for first reading amending Chapter 4.40 of the Coachella Municipal Code pertaining to the collection of Transportation Uniform Mitigation Fees (TUMF).

STAFF RECOMMENDATION:

Staff recommends that the City Council introduce Ordinance No. 1199 for first reading, by title only, to amend Chapter 4.40 of the Coachella Municipal Code pertaining to the collection of Transportation Uniform Mitigation Fees (TUMF).

EXECUTIVE SUMMARY:

Ordinance No. 1199 would modify the Coachella Municipal Code relating to the Transportation Unified Mitigation Fee (TUMF), which would authorize an inflation adjustment for the each fiscal year reflecting the annual Consumer Price Index (CPI) increase when an action by the Coachella Valley Association of Governments (CVAG) Executive Committee approves adjusting the TUMF rates for fiscal year.

BACKGROUND:

The TUMF was established in 1989 as a one-time impact fee charged on all new development occurring within the CVAG region. TUMF funds are applied to transportation-related facilities and infrastructure required to address new growth within the Coachella Valley and are intended to compliment revenue generated through Riverside County’s Measure A sales tax. The current TUMF rates were adopted in 2018. The existing ordinance requires that a resolution be presented annually to the City Council authorizing the inflation adjustment to the TUMF subsequent to an action by CVAG to adjust TUMF. CVAG is requesting that cities adopt a TUMF model ordinance, which would allow the City to administratively implement the TUMF adopted by CVAG for the corresponding fiscal year.

Item 21.

DISCUSSION/ANALYSIS:

The CVAG Executive Committee approved adjusting the TUMF rates for fiscal year 2022-2023 by rise 8.2% rise in CPI. The comparison of current and proposed increase in fees is shown below in Table 1.

Table 1 –
TUMF Increase FY 2022-23
In addition to the TUMF increase, CVAG is requesting that cities amend their TUMF ordinances to allow for Coachella Valley cities to administratively implement the TUMF rate adjustments approved by the CVAG Executive Committee. Currently, the existing City ordinance requires that the City Council approve a resolution to implement any new TUMF rate increases. Staff believes adoption of the ordinance would streamline the TUMF adoption and allow City staff the time to prepare administration of the TUMF rate increases before the rate increases take effect.

ALTERNATIVES:

1. Introduce Ordinance No. 1199 for first reading, by title only, to amend Coachella Municipal Code Chapter 4.40.

2. Take no action.

3. Continue this item and provide staff with direction.

FISCAL IMPACT:

The total projected collection for TUMF is unknown and is dependent on future development activity. The TUMF CPI adjustment will increase the fee as determined by the CVAG Executive Committee.

Item 21.

RECOMMENDED ALTERNATIVE(S):

Staff recommends alternative #1.

Attachments:

1. Ordinance No. 1199 (1st Reading)

2. April 25, 2022 CVAG Notice of TUMF inflation adjustment

3. Existing TUMF Ordinance - C.M.C. Chapter 4.40

Item 21.

Ordinance No. 1199 (first reading)
ORDINANCE NO. 1199

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COACHELLA AMENDING CHAPTER 4.40
OF TITLE 4 OF THE COACHELLA MUNICIPAL

CODE PERTAINING TO THE COLLECTION OF

TRANSPORTATION UNIFORM MITIGATION FEES
(First Reading)
WHEREAS, the City of Coachella ("City") is a Member Agency of the Coachella Valley Association of Governments (“CVAG”), a joint powers agency consisting of the County of Riverside ("County"), the Agua Caliente Band of Cahuilla Indians, the Cabazon Band of Mission Indians, the Torres Martinez Desert Cahuilla Indians, the City of Blythe, and the nine cities (Desert Hot Springs, Palm Springs Cathedral City, Rancho Mirage, Palm Desert, Indian Wells, La Quinta, Indio and Coachella) situated in the Coachella Valley (collectively, "Member Agencies"); and
WHEREAS, acting in concert, the Member Agencies developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials within CVAG's jurisdiction (the “Regional System”) could be made up in part by a Transportation Uniform Mitigation Fee ("TUMF") imposed on future residential, commercial and industrial development within the jurisdiction; and WHEREAS, as a CVAG Member Agency, the City participated in the preparation of the 1987 Coachella Valley Area Transportation Study ("1987 Transportation Study") prepared pursuant to the Mitigation Fee Act (Government Code section 66000 et seq.) and based on the 1987 Transportation Study, the City adopted and implemented CVAG's model TUMF ordinance as * Municipal Code Chapter *;
WHEREAS, CVAG commissioned Michael Baker International, Inc. to prepare an updated TUMF study entitled "Transportation Uniform Mitigation Fee (TUMF) 2018 Fee Schedule Update, Nexus Study Report", and dated March 2018 (“2018 Nexus Study") to establish updated TUMF levels and program revenue collection targets, which was approved by the CVAG Executive Committee on April 30, 2018; and WHEREAS, the 2018 Nexus Study revealed the need to revise certain provisions of the model TUMF ordinance to reflect changes in the Mitigation Fee Act which governs the adoption and implementation of development impact fees and to reflect the findings of the 2018 Nexus Study; and
WHEREAS, by notice duly given and posted, on October 20, 2022 the City Council conducted a public hearing to consider approval of the 2018 Nexus Study and this Ordinance; and
WHEREAS, at the time and place set for the hearing, the City Council duly considered the data and information provided by CVAG, City staff and the public relative

Item 21.

Ordinance No. 1199 (first reading)
to the TUMF and all other comments, whether written or oral, submitted prior to the conclusion of the hearing; and
WHEREAS, the City Council wishes to accurately collect TUMF fees along with the other participating jurisdictions within the Coachella Valley as requested by the CVAG General Assembly.

WHEREAS, The Development Services Department staff has determined that the Municipal Code Amendments are not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3). The activity is not subject to CEQA because it will not result in a direct or reasonably foreseeable indirect physical change in the environment; the activity is not a project as defined in Section 15378 of the California Public Resources Code, and the activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant impact on the environment. Where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the activity is not subject to CEQA

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

Section 1. REVISED CHAPTER 4.40 "TRANSPORTATION UNIFORM MITIGATION FEE"
Coachella Municipal Code Chapter 4.40, "Transportation Uniform Mitigation Fee" is hereby amended in its entirety and replaced to read as follows:

Chapter 4.40
Transportation Uniform Mitigation Fee

4.40.010 Purpose, use and findings.

The City Council finds and determines as follows:

A. The City is a Member Agency of the Coachella Valley Association of Governments (“CVAG”), a joint powers agency consisting of public agencies situated in the Coachella Valley (collectively, "Member Agencies").

B. Acting in concert, the Member Agencies developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials within CVAG's jurisdiction (the “Regional System”) could be made up in part by a Transportation Uniform Mitigation Fee ("TUMF") imposed on future residential, commercial and industrial development within the jurisdiction.

Item 21.

Ordinance No. 1199 (first reading)
C. That CVAG commissioned the preparation of various studies ("Fee Studies") which evaluate population and employment growth, future transportation needs and the availability of traditional transportation funding sources to establish updated TUMF levels and program revenue collection targets.

D. That the Fee Studies, as periodically updated, make it possible to determine a reasonable relationship between the cumulative regional impacts of new land development projects in the Coachella Valley on the Regional System and the need to mitigate these transportation impacts using funds levied through the TUMF program.

E. That the Fee Studies, as periodically updated, establish the purposes of the TUMF, which may be summarized as a uniform development impact fee to help fund construction of the Regional System needed to accommodate growth in the Coachella Valley to the year 2030.

F. That the Fee Studies, as periodically updated, establish that the TUMF proceeds will be used to help pay for the engineering, construction and acquisition of the Regional System improvements identified therein. Such improvements are necessary for the safety, health and welfare of the residential and non-residential users of the development projects on which the TUMF will be levied.

G. That the Fee Studies, as periodically updated, establish a reasonable and rational relationship between the use of the TUMF proceeds and the type of development projects on which the TUMF is imposed.

H. That the Fee Studies, as periodically updated, establish the reasonable relationship between the impact of new development and the need for the TUMF.

I. That the TUMF program revenues to be generated by new development will not exceed the total fair share of these costs.

J. That the projects and methodology identified in the Fee Studies, as periodically updated, for the collection of fees is consistent with the goals, policies, objectives and implementation measures of the City’s General Plan.

K. That the TUMF program complies with the provisions of the Mitigation Fee Act.

4.40.020 Definitions
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them as follows:
“Change of use” means any change in the use of an existing building that results in the increase of vehicular trips.

Item 21.

Ordinance No. 1199 (first reading)
“Development” means any activity which requires discretionary or ministerial action by the City resulting in the issuance of grading, building, plumbing, mechanical or electrical permits, or certificates of occupancy issued by the City to construct, or change the use of, a building or property. Where “development” applies to an enlargement of an existing building, or a change of use of an existing building that results in increased vehicle trips, the average weekday trips shall be only the additional trips in excess of those associated with the existing use. "Fee Study" means the studies prepared by CVAG and adopted by the City Council, which supports the fee established by this chapter, and includes all the underlying reports and documents referenced therein.
"Mitigation Fee Act" means the law set forth in the California Government Code (Government Code Section 66000 et seq.) that establishes the criteria for establishing a fee as a condition of approval of a development project. "Regional System" means the regional system of roads, streets and highways identified by CVAG in its 2016 Transportation Project Prioritization Study (TPPS) to accommodate growth in the Coachella Valley to the year 2040. Only those projects scoring above 7.5 points in the TPPS are included for TUMF consideration. "Transportation Mitigation Trust Fund" means the fund established pursuant to this chapter.
“TUMF" means the Transportation Uniform Mitigation Fee established by this chapter.

4.40.030 Fee Established
A. There is established a Transportation Uniform Mitigation Fee ("TUMF"), which shall apply to new development yet to receive final discretionary approval and/or issuance of a building permit or other development right and to any reconstruction or new use of existing buildings that results in change of use and generates additional vehicular trips.

B. The facilities to be funded by the TUMF are detailed in the Fee Study, which is on file with the City's Development Services Department.

C. The TUMF is in addition to the requirements imposed by other City laws, policies or regulations relating to the construction or the financing of the construction of public improvements within subdivisions or developments.

4.40.040 Fund Established

Item 21.

Ordinance No. 1199 (first reading)
A. There is established a Transportation Mitigation Trust Fund ("Trust Fund") into which TUMF proceeds shall be deposited.

B. TUMF proceeds shall be imposed and collected by the City and shall be transmitted to CVAG to be placed in the Trust Fund. All interest or other earnings of the Trust Fund shall be credited to the Trust Fund.

C. CVAG shall administer the Trust Fund in accordance with the Mitigation Fee Act.

4.40.050 Calculation and Collection of the TUMF
A. The method of calculating the TUMF shall be described in CVAG's Transportation Uniform Mitigation Fee Handbook, a copy of which is on file with the City's Public Works Department.

B. The amount of the fees due shall be the amount adopted by the CVAG Executive Committee. The TUMF shall be collected pursuant to the City's established procedures for the collection of development impact fees.

4.40.060 Use Restrictions
TUMF proceeds shall be solely used for the engineering, construction and acquisition of the Regional System improvements identified in the Fee Study and any other purpose consistent with this chapter. TUMF proceeds shall not be used for Regional System maintenance.

4.40.070 Exemptions and Credits
A. The following developments are exempted from payment of the fee required by this chapter:

1. Low and lower-income residential housing, including single-family homes, apartments and mobile homes built for those whose income is no more than eighty percent of the median income in the San Bernardino-Riverside Standard Metropolitan Statistical Area and as determined and approved by the City Council or its designee. The sales or rental price shall not exceed the affordability criteria as established under HUD Section 8 guidelines.

B. Credit against the TUMF shall be given where a developer improves streets included within the Regional System beyond the City's requirements established for on-site and off-site improvements imposed upon projects. To receive a credit, the developer shall obtain in advance an agreement with CVAG pursuant to CVAG's rules and regulations. That credit shall be an amount equal to the actual engineering and construction costs incurred at the time of the development to the

Item 21.

Ordinance No. 1199 (first reading)
extent that CVAG has included those costs in its estimated cost of constructing the Regional System.

4.40.070 Appeal Procedures
A. Any developer, who, because of the nature or type of uses proposed for a development project, contends that application of the TUMF is unconstitutional or unrelated to mitigation of the burdens of the development, may file a written appeal with the City within ninety days after imposition of the TUMF as a condition of approval or as otherwise provided by the Mitigation Fee Act.

B. The appeal shall be heard by the CVAG Executive Committee in accordance with CVAG's established policies and procedures for conducting such matters. The decision of the Executive Committee shall be final.

4.40.080 Administrative Fee
A. The City may impose an administrative fee in an amount computed to cover the average cost to the City of processing the TUMF. The City shall establish such fee in accordance with the City's procedures for establishing service-related fees.

B. The administrative fee authorized by this section shall be in addition to the fee imposed under Section 4.40.30. The administrative fee, when collected, shall be retained by the City to recover its costs.

Section 2. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.

Section 3. Publication and Effective Date. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to published or posted as required by law, which shall take full force and effect thirty (30) days from its adoption.

PASSED, APPROVED, AND ADOPTED this ______ of _____________, 2022 by the following vote:

Item 21.

Ordinance No. 1199 (first reading)
AYES:

NOES:

ABSENT:

ABSTAIN:

Steven Hernandez, Mayor
City of Coachella
ATTEST:
___________________________________
Angela M. Zepeda, City Clerk
City of Coachella
APPROVED AS TO FORM:
___________________________________
Carlos Campos, Best Best & Krieger LLP
City Attorney

Item 21.

April 28, 2022

REVISED FEE SCHEDULE FOR THE TRANSPORTATION UNIFORM MITIGATION FEE EFFECTIVE JAUARY 1, 2023
The Transportation Uniform Mitigation Fee (TUMF) is a development impact fee designed to offset the effects of population growth on transportation infrastructure within the Coachella Valley. It is charged on any construction that will result in an increase in vehicular trips.

The TUMF is collected by the permitting jurisdiction in accordance with an adopted local ordinance, which further allows for an annual adjustment for inflation based on the Consumer Price Index for the Riverside-San Bernardino-Ontario metropolitan area. This inflation factor has been applied to the current fee schedule and results in the revised rates that will be assessed on new development starting January 1, 2023.

TUMF Category
Assessment
Unit
Rate as of
January 1, 2023
Single family detached Dwelling unit $2,550
Multi-family attached Dwelling unit $1,470
Nursing/congregate care Dwelling unit $545
Retail 1,000 sq. ft. $6,640
Office 1,000 sq. ft. $2,640
Industrial 1,000 sq. ft. $1,340
Fuel-gas Dispensing unit $9,515
Fuel-electric Dispensing unit $100
Hotel Room $3,880
Golf course Acre $1,015
For any question regarding the application of TUMF, please contact the Coachella Valley Association of Governments at (760) 346-1127 or by emailing [email protected].

Item 21.

Title 4 - REVENUE AND FINANCE
Chapter 4.40 TRANSPORTATION MITIGATION FEE
Coachella, California, Code of Ordinances Created: 2022-06-06 10:54:21 [EST] (Supp. No. 24)

Chapter 4.40 TRANSPORTATION MITIGATION FEE

4.40.010 Transportation mitigation fee.

A. The city council of the city finds that future development within the city and within the Coachella Valley to the year 2010 will result in traffic volumes in excess of capacity on the regional system of streets, arterials and highways now existing.

B. The city council finds that failure to expand the capacity of the existing circulation system will cause unacceptable levels of congestion on the streets and arterials of the regional system.

C. The city council also finds and declares that in the absence of this chapter imposing a fair share traffic fee upon new development, existing and future sources of revenue are inadequate to fund substantial portions of the regional transportation system improvements needed to avoid unacceptable levels of congestion and related adverse impacts.

D. The city council finds that exactions from development will construct only a portion of the local and regional facilities and that the adoption of this transportation uniform mitigation fee article will raise the additional revenues needed to construct the improvements to accommodate traffic that will be generated by development of land within the city and within the Coachella Valley.

E. The city council also finds that the Coachella Valley area transportation study has determined the extent to which the new development of land will generate traffic volumes impacting the roadway system and that this chapter establishes a fair and equitable method for distributing the unfunded costs of transportation improvements necessary to accommodate the traffic volumes generated by such development.

F. The city council further finds that the regional transportation improvements and the transportation uniform mitigation fee established by this chapter are based on the findings of the 1987 Coachella Valley Area Transportation Study whose policy-committee members represented all nine cities in the Coachella Valley and Riverside County. This study has established that growth in the year 2010 will affect the entire regional transportation system and therefore the area of impact for future development is the entire Coachella Valley as defined in this chapter. The study made the following additional findings:

1. Population and employment within the Coachella Valley is expected to double by the year 2010 and would cause levels of service E and F (as defined in the National Academy of Sciences 1964 Highway Capacity Manual and as updated in the 1985 Highway Capacity Manual, Special Report 209) on existing streets and arterials.

2. The Coachella Valley area transportation study shows that by the year 2010 the Coachella Valley will increasingly become a more integrated and interdependent Valley, most as intercity trips for both residents and visitors.

3. The 1987 Coachella Valley area transportation study modeled and evaluated the effect of projected growth to the year 2010 on all major streets and highways in the Coachella Valley and found that without expansion, the transportation system would suffer severe congestion. Further, the study showed that the recommended transportation improvements would accommodate the traffic anticipated in the year 2010 at the desired level of service C.

4. In the year 2010, according to the Coachella Valley area transportation study, the valley will remain a self-contained community where jobs and the labor force are well-balanced. The increase in intercity travel, however, will result in an increase in average trip length.

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5. Existing and future sources of public revenues are insufficient to fund all the needed transportation improvements.

6. The revenues generated by this transportation mitigation fee will provide the additional funds necessary to construct the transportation improvements and provide the additional capacity needed by the year 2010 to accommodate the traffic generated by the development of land in the city and in the Coachella Valley.

7. The transportation mitigation fee is a fair and equitable method of distributing the cost of transportation improvements among the developments which will generate the increased traffic.

G. The city council adopts all findings and incorporates by reference all findings contained in the following reports/studies, attached as exhibits on file in the office of the city clerk:

1. Coachella Valley area transportation study, dated December, 1987, exhibit A on file in the office of the city clerk;

2. Transportation Uniform Mitigation Fee Ordinance Report, dated June, 1988, exhibit B on file in the office of the city clerk;

3. Transportation Expenditure Plan: Scope and Cost Review, May, 1988 by Bechtel Civil, Inc., exhibit C on file in the office of the city clerk;

4. Institute of Transportation Engineers (ITE), 3rd Edition, exhibit D on file in the office of the city clerk, with the exception as referenced in Section 4.40.020.
(Prior code § 31-26)

4.40.020 Definitions.
"Coachella Valley" means those combined boundaries of the Palm Springs unified school district, Desert Sands unified school district and that part of the Coachella unified school district within Riverside County. "Regional system" means the regional system of roads, streets and highways identified by CVAG in its 2016 Transportation Project Prioritization Study (TPPS) to accommodate growth in the Coachella Valley to the year 2040. Only those projects scoring above 7.5 points in the TPPS are included for TUMF consideration. "The Coachella Valley area transportation study" means that report published by the Southern California Association of Governments and dated December, 1987, attached as exhibit A on file in the office of the city clerk, or as subsequently amended by the entities/jurisdictions of the Coachella Valley Association of Governments. "Average weekday trips" means the average number of daily vehicle trips to or from a designated land use Monday through Friday.
"Change of use" means any change in the use of an existing building which results in the increase of vehicular trips.
"Trip generation rate" means the number of average weekday trips generated by a particular land use. The trip generation rate for each of the following land-use categories shall be the rate published by the Institute of Transportation Engineers (ITE), 4th edition, or as revised, as noted in Section VII: "Trip Generation Land Use Code," attached as exhibit D on file in the office of the city clerk, calculated upon the measurement specified in this chapter. If a developer is required to prepare a traffic study, the trip-generation rate shall be as determined by that traffic study and approved by the appropriate general purpose government, but in no case may the rates be less than the ITE rates calculated upon the measurement as specified in this chapter. Trip generation rates shall be calculated based upon the following measurement:

Item 21.

Created: 2022-06-06 10:54:21 [EST]
(Supp. No. 24)

A. Residential. Single-family, multi-family, condominiums, planned unit developments, and mobilehomes shall be calculated per dwelling unit.

B. Lodging. Hotels, resort hotels, and motels shall be calculated per room.

C. Restaurants. Low turnover, sit-down, high turnover, and drive-through shall be calculated per one thousand (1,000) square feet gross floor area.

D. Retail. Stand-alone convenience store and shopping centers, shall be calculated per one thousand (1,000) gross square feet.

E. Office Space. Office space shall be calculated per one thousand (1,000) square feet of gross floor area.

F. Banks. Walk-in, with drive-through, savings and loan and savings and loan with drive-through shall be calculated per one thousand (1,000) gross square feet.

G. Light Industry/Manufacturing. Industrial park and manufacturing shall be calculated per one thousand (1,000) gross square feet.

H. Medical. Hospitals shall be calculated per one thousand (1,000) gross square feet.

I. Recreation. Golf courses independent of hotels shall be calculated per parking space; racquet clubs shall be calculated per court.

J. Convention Centers. Shall be calculated per one thousand (1,000) gross square feet. "Development" means any activity which requires discretionary or ministerial action by the city resulting in the issuance of grading, building, plumbing, mechanical, or electrical permits, or certificates of occupancy issued by the city to construct, or change the use of, a building or property. Where development applies to an enlargement of an existing building, or a change of use of an existing building which results in increased vehicle trips, the average weekday trips shall be only the additional trips in excess of those associated with the existing use. "The Coachella Valley Association of Governments", hereinafter "CVAG," means the legal entity which will manage and administer the transportation uniform mitigation fee in accordance with the laws of the state of California.
(Prior code § 31-27)
(Ord. No. 1126, § 1, 11-14-18)

4.40.030 Applicability.

The provisions of this chapter shall apply only to new development yet to receive final discretionary approval and or issuance of a building permit or other development right and to any reconstruction or new use of existing buildings that results in change of use and generates additional vehicular trips. The provisions of this chapter shall take effect on July 1, 1989.
(Prior code § 31-28)

4.40.040 Establishment of transportation mitigation fee.

A. There is established a transportation uniform mitigation fee, the proceeds of which shall be placed in the trust fund established by CVAG and used to construct the transportation improvements and provide the additional capacity needed by the year 2010 to accommodate the traffic generated by the development of land in the city and in the Coachella Valley.

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B. The amount of the mitigation fee shall be based on the trip generation rate and as recommended by CVAG.

The council shall adopt by resolution the fee amount recommended by CVAG or may adopt a higher fee amount. The executive committee of CVAG shall annually review and, if necessary, amend the amount of the recommended mitigation fee to insure that it is a fair and equitable method of distributing the costs of the improvements necessary to accommodate traffic volumes generated by future growth.

C. The council shall annually review and, if necessary amend the amount of the mitigation fee to insure that it is a fair and equitable method of distributing the costs of the improvements necessary to accommodate traffic volumes generated by future growth. If the amount of the recommended mitigation fee is amended by CVAG pursuant to CVAG's annual review, the council shall amend its fee amount in accord or in an amount greater.

D. No tract map, parcel map, conditional use permit, land use permit or other entitlement shall be approved unless payment of the mitigation fee is a condition of approval for any such entitlement. The mitigation fee shall be paid to the city.

E. No building or similar permit, certificate of occupancy or business license reflecting a change of use shall be issued unless the applicant has paid the mitigation fee.

F. Mitigation fees shall be imposed and collected by the city and shall be transmitted to CVAG to be placed in the Coachella Valley Transportation Mitigation Trust Fund. All interest or other earnings of the fund shall be credited to the fund.
(Prior code § 31-29)

4.40.050 Exemptions.

The following developments are exempted from payment of the fee required by this chapter:

A. Low and lower-income residential housing, including single-family homes, apartments, and mobilehomes built for those whose income is no more than eighty (80) percent of the median income in the San Bernardino-Riverside Standard Metropolitan Statistical Area and as determined and approved by the legislative body or its designee. The sales or rental price shall not exceed the affordability criteria as established under HUD Section 8 guidelines. (Prior code § 31-30)
(Ord. No. 1126, § 2, 11-14-18)

4.40.060 Credits.

A. Where a developer improves those regional streets identified in Section 4.40.080 beyond the requirements established in subsection B of this section, the developer shall receive a credit against the Transportation Uniform Mitigation Fee. To receive a credit, the developer shall obtain in advance an agreement with CVAG pursuant to CVAG's rules and regulations. That credit shall be an amount equal to the actual engineering and construction costs incurred at the time of the development to the extent that CVAG has included those costs in its estimated cost of constructing the regional system.

B. The fees required by this chapter shall be in addition to any fees, conditions or exactions for on-site and offsite improvements imposed upon projects pursuant to state and local laws, ordinances, or administrative policy which may authorize the imposition of conditions, fees or exactions on development and the developer shall not be entitled to any credits for such fees, conditions or exactions.

C. If a developer constructs, or is required by the city to construct, any portion of the regional network as identified in Section 4.40.080 in excess of that required to meet standard street requirements as provided by

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(Supp. No. 24)

local ordinances, municipal codes, and the city's general plan, the developer shall be entitled to a credit for the cost of such excess construction. All such construction on the regional network must have the approval of CVAG as to plans and detailed costs estimates.

D. Should the credit exceed the applicant's total fee, the difference may be credited against any of the applicant's future development within five years which would be subject to the fee. The credit may not be refunded in cash.

E. Should a developer provide improvements which benefit adjacent undeveloped land, the developer may be reimbursed for a proportionate share of the cost of such improvements contingent upon future fees contributed from other benefited developments and pursuant to special agreements made in advance with CVAG and in accordance with CVAG's rules and regulations. (Prior code § 31-31)

4.40.070 Appeal process.

An applicant who disputes the fee may file a written notice of appeal with the executive committee of CVAG within fifteen (15) days of imposition of the fee. The executive committee of CVAG must decide the appeal by majority vote and within sixty (60) days of the filing of the appeal. (Prior code § 31-32)

4.40.080 List of projects on the regional system.

The following transportation projects are those which when completed will together mitigate the traffic impacts of future growth in the year 2010 throughout the Coachella Valley. The following list of projects shall be annually reviewed and may be amended from time to time by CVAG.

A Freeway Interchanges.

1. Gene Autry at I-10;

2. Ramon at I-10;

3. Monterey at I-10;

4. Cook at I-10;

5. Washington at I-10;

6. Jefferson at I-10; and

7. Avenue 56 at Highway 86.

B. Railroad Crossings South of I-10.

1. Gene Autry Trail;

2. Ramon;

3. Monterey;

4. Cook;

5. Washington; and

6. Avenue 56.

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C. Major Primary Arterial (Involving Multiple Jurisdictions).

1. Mid-Valley Parkway (by segment):
a. Gene Autry Trail/Palm Drive;
b. Gene Autry to Monterey;
c. Palm Springs Bypass (Whitewater Bypass);

2. Gene Autry/Palm Drive (North of PS Bypass);

3. Ramon;

4. Gerald Ford;

5. Frank Sinatra;

6. Monterey;

7. Cook;

8. Country Club;

9. 48th Ave.;

10. Madison;

11. Jefferson;

12. Fred Waring Drive;

13. 52nd Ave.;

14. Date Palm Drive;

15. Vista Chino;

16. Washington;

17. Bob Hope; and

18. Avenue 56.

D. Bridges Across Whitewater (Widening or New Bridge).

1. Gene Autry;

2. Ramon;

3. Frank Sinatra;

4. Monterey;

5. Cook;

6. El Dorado;

7. Madison;

8. Washington;

9. Jefferson;

10. Fred Waring Drive (two bridges);

11. Vista Chino; and

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12. Country Club.

E. Bridges Over Other Channels:

1. 48th at All American (two bridges);

2. Madison (two bridges);

3. Jefferson (three bridges);

4. Washington (La Quinta Evac Channel);

5. 52nd at All American Canal;

6. Avenue 56 at Coachella Valley Storm Channel (widen); and

7. Ramon Road at Baristo Channel.

The Uniform Transportation Mitigation Fee shall be solely used toward funding the engineering and construction of, and purchasing right-of-way for, these regional system project and any other purpose consistent with this chapter. The fee may not be used for system maintenance.

CVAG shall annually establish priorities for the regional system projects based on the criteria set forth in the Uniform Transportation Mitigation Fee Ordinance Report, Section 4.3, exhibit B. (Prior code § 31-34)

Item 21.

STAFF REPORT
11/9/2022
TO: Honorable Mayor and City Council Members
FROM: Chris Cox, Assistant Fire Marshall
SUBJECT: Introduce Ordinance No. 1200, first reading, revising Municipal Code Title 15, Chapter 15.24 for the purpose of adopting the 2022 California State Fire Code.

STAFF RECOMMENDATION:

Staff recommends that the City Council introduce Ordinance No. 1200 for first reading, by title only, to amend Title 15, Chapter 15.24 of the Coachella Municipal Code adopting the California Fire Code.

BACKGROUND:

California Fire Code updates occur every three years in order to update the State Fire Codes to the currently adopted and amended sections of the Coachella Municipal Code.

DISCUSSION/ANALYSIS:

California State Law Title 24 requires that the new California Model Codes (Title 24 Part 9) be adopted at a local level with local amendments prior to their official enforcement date, in this case January 1, 2023. The California Fire Code (CFC) contains regulations consistent with nationally recognized and accepted practices for safeguarding life and property from the hazards of:
 Fire and explosion.
 Dangerous conditions arising from the storage, handling, and use of hazardous materials and devices.
 Hazardous conditions in the use or occupancy of buildings or premises.

ENVIRONMENTAL REVIEW:

The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonable foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

Item 22.

FISCAL IMPACTS:

There is no financial impact in adopting this ordinance for either the City or residents of the City.

It does not change any fees or require expenditure of any kind and presents no financial burden to the City of Coachella residents. Lack of adoption would not relieve the City from complying with the uniform Codes.

ALTERNATIVES:

1. Introduce Ordinance No. 1200 for first reading, by title only, to adopt the new California State Fire Code.

2. Continue this matter and provide staff direction.

3. Take no action.

RECOMMENDED ALTERNATIVE(S):

Staff recommends Alternative #1 as shown above.

Attachments:

1. Ordinance No. 1200 (first reading)
Exhibit A – Title 15, Chapter 15.24 Amendments

Item 22.

Ordinance No. 1200

Attachment 1
ORDINANCE NO. 1200

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF COACHELLA, CALIFORNIA, AMENDING

PROVISIONS OF THE COACHELLA MUNICIPAL CODE
IN TITLE 15 BUILDING AND CONSTRUCTION, CHAPTER

15.24 REGARDING TITLE 24 PART 9 OF THE
CALIFORNIA FIRE CODE. CITY-INITIATED. (First
Reading)
WHEREAS, pursuant to the authority granted to the City of Coachella (“City”) by Article XI, Section 7 of the California Constitution, the City has the police power to regulate building permitting and construction within the City in a manner designed to promote public convenience and general prosperity, as well as public health, welfare, and safety; and, WHEREAS, adoption and enforcement of comprehensive fire code regulations lies within the City’s police power; and,
WHEREAS, the subject Municipal Code Amendment is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3). The activity is not subject to CEQA because it will not result in a direct or reasonably foreseeable indirect physical change in the environment; the activity is not a project as defined in Section 15378 of the California Public Resources Code, and the activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant impact on the environment. Where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the activity is not subject to CEQA; and, WHEREAS, the City Council considered the findings and facts related to adoption of the 2022 California Fire Code at the regular City Council meeting of November 9, 2022.

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

SECTION 1. Incorporation of Recitals. The City Council of the City of Coachella, California, hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Ordinance.

SECTION 2. Amendment to the Coachella Municipal Code. is hereby amended to include the underlined text and delete text in strike-out as identified in “Exhibit A” SECTION 3. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonable foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

Item 22.

Ordinance No. 1200

SECTION 4. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.

SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional.

SECTION 6. Certification. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a local newspaper of general circulation and which is hereby designated for that purpose.

ORDINANCE PASSED AND APPROVED at a regular meeting of the City Council of the City of Coachella this __ day of _____, 2022.
________________________________
Steven Hernandez, Mayor
ATTEST:
________________________________
Angela M. Zepeda, City Clerk
APPROVED AS TO FORM:
________________________________
Carlos Campos, City Attorney

Item 22.

I, Angela M. Zepeda, City Clerk, City of Coachella, California, certify that the foregoing Ordinance was adopted by the City Council at a regular meeting of the City Council held on the __ day of _____ 2022 and was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Angela M. Zepeda, City Clerk

Item 22.

EXHIBIT A – Ordinance No. 1200 (California Fire Code)
Coachella, California, Code of Ordinances Created: 2022-06-06 10:54:57 [EST] (Supp. No. 24)

Chapter 15.24 FIRE CODE1

15.24.010 Adoption of the Fire Code.

Except as stated in this section or as amended below in Section 5 [sic] of this chapter, all of the provisions and appendices of the 202219 California Fire Code, inclusive of all of the inclusions and exclusions set for in each chapter's matrix, are hereby adopted and shall apply to the city of Coachella. In addition, the following provisions that are excluded in the 202219 California Fire Code are hereby adopted - Chapter 1, Division II of the California Fire Code is hereby adopted, except that Section 103.2 and 111109.3 are not adopted, and Chapters 3, 25, and Sections 403.112, 503, 510.2, and 1103.2, and 5707 are adopted. ( Ord. No. 1147 , § 4, 1-22-20)

15.24.015 Fire authority adoption of the Fire Code.

Except as stated in this section or as amended below in Section 5 [sic] of this chapter, all of the provisions and appendices of the 2019 California Fire Code, inclusive of all of the inclusions and exclusions set for in each chapter's matrix, are hereby adopted and shall apply to the city of Coachella fire authority. In addition, the following provisions that are excluded in the 2019 California Fire Code are hereby adopted - Chapter 1, Division II of the California Fire Code is hereby adopted, except that Section 103.2 and 109.3 are not adopted, and Chapters 3, 25, and Sections 403.12, 503, 510.2, and 1103.2 are adopted. ( Ord. No. 1147 , § 4, 1-22-20)

15.24.020 Express findings.

The city of Coachella finds the following:

The fire department hereby finds that the proposed amendments to the fire code are reasonable and necessary because of local climactic, geologic and topographical conditions within the city of Coachella. This finding is supported and based upon the following express findings which address each of these conditions and present the local situation which make the proposed amendments necessary.

I. Climatic Conditions:

A. The city of Coachella located in Riverside County is located in Southern California and covers a vast and varied geographic area. The base climate in western Riverside County consists of semi- arid Mediterranean weather patterns. Eastern Riverside County is a desert area with Mohave Desert temperatures and weather patterns. Those two primary areas are divided by the San Bernardino Mountain Range. Both areas outside of the mountain terrain annually experience extended periods of high temperatures with little or no precipitation. Hot, dry winds, which may reach speeds of seventy (70) miles per hour or greater, are common to the area. Examples are: Santa Ana/Foehn winds, afternoon surface-heating generated winds, and prevailing desert winds.

1 Editor's note(s)—Ord. No. 1147 , § 3, adopted Jan. 22, 2020, repealed the former Ch. 15.24, §§ 15.24.010—

15.24.030, and § 4 of the same ord. enacted a new chapter as set out herein. The former Ch. 15.24 pertained to similar subject matter and derived from Ord. No. 1099, § 4, adopted Jan. 11, 2017.

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These climatic conditions cause extreme drying of vegetation and common building materials.

Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration) which necessitates rapid identification, locating and extinguishment of all fires in the smallest stage possible. In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the county. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles, will greatly impact the response time to reach an incident scene.

During these winds, the inability to use aerial type firefighting apparatus would further decrease our ability to stop fires in large buildings and place rescue personnel at increased risk of injury.

B. Although Riverside County and the city of Coachella occasionally experiences periods of significant drought, the county can also experience periods of substantial rainfall. Annual rainfall varying from three inches in Blythe to over thirty-three (33) inches in Pine Cove. When Riverside County does experience heavy rain, or rain over a period of days or weeks, many areas of the county are subject to flooding. Runoff from rain drains either naturally into rivers, washes, and creeks or into flood control facilities. Flash flooding is also a common problem, especially in the Coachella Valley and the easterly portions of the county. Flash flooding is typically associated with short duration, high intensity precipitation events often associated with summer thunderstorms. Such events can occur even during a drought.

C. Water demand in densely populated Southern California far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already-taxed water supply does not. California is projected to increase in population by nearly ten million over the next quarter of a century with fifty (50) percent of that growth centered in Southern California. Due to storage capacities and consumption, and a limited amount of rainfall future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features. It would also leave tall buildings vulnerable to uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of available water to floors in a fire.

D. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire protection features such as identification and notification will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as fifty (50) to seventy-five (75) percent.

II. Topographical conditions.

A. Natural: The topographical conditions of Riverside County varies from three hundred (300) feet below sea-level, flat desert communities, to mountains over ten thousand (10,000) feet in Alpine-like areas of the San Bernardino Mountain Range. In between these areas, developable slopes of twenty-five (25) percent and greater generally occur throughout the foothills. Riverside County extends from Orange County to the state of Arizona and is mixed with congested urban areas, rural lands and wild lands. A large number of sensitive habitats for various animal species and vegetation consist within large open space areas between major urban centers that impact building and structure location, which impedes emergency access and response. This variety in regions contributes to an increased emergency response time, which necessitates cooperation between local agencies.

B. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout Riverside County.

C. These topographical conditions combine to create a situation, which places fire department response time to fire occurrences at risk, and makes it necessary to provide automatic on-site fire-extinguishing systems and other protection measures to protect occupants and property.

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III. Geological Conditions: Located within Riverside County are several known active and potentially active earthquake faults, including the San Andreas, San Jacinto, and Elsinore Fault. In the event of an earthquake, the location of the epicenter as well as the time of day and season of the year would have a profound effect on the number of deaths and casualties, as well as property damage.

The major form of direct damage from most earthquakes is damage to construction. Bridges are particularly vulnerable to collapse, and dam failure may generate major downstream flooding. Buildings vary in susceptibility, dependent upon construction and the types of soils on which they are built. Earthquakes destroy power and telephone lines; gas, sewer, or water mains; which, in tum, may set off fires and/or hinder firefighting or rescue efforts. The hazard of earthquakes varies from place to place, dependent upon the regional and local geology.

Ground shaking may occur in areas sixty-five (65) miles or more from the epicenter (the point on the ground surface above the focus). Ground shaking can change the mechanical properties of some fine grained, saturated soils, where upon they liquefy and act as a fluid (liquefaction).

A. Previous earthquakes in southern California have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. With the probability of strong aftershocks there exists a need to provide increased protection for anyone on upper floors of buildings.

B. Road circulation features located throughout the county also make amendments reasonably necessary.

Located through the county are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design accompanies with occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable. There are areas in Riverside County that naturally have extended emergency response times that exceed the five-minute goal.

California Health and Safety Code Sections 17958.7 and 18941.5 require that the modification or change be expressly marked and identified as to which each finding refers. Therefore the city council finds that the following table sets forth the 202219 California Fire Code sections that have been modified and the associated local climatic, geological and/or topographical conditions described above supporting the modification.
202219 CODE

SECTION

TITLE/SUBJECT FINDINGS I, II, III
101.4 Severability Administrative
102.5 Application of the residential code I, II & III
103.4 and 103.4.1
104.1.1
Liability
Authority of the Fire Chief and Fire
Department
Administrative
104.1.1
104.7 and 104.7.1
Authority of the Fire Chief and Fire
Department Liability
Administrative
104.132 Authority of the Fire Chief to close
hazardous fire areas
Administrative
1076.2 Fees Administrative
107.76.6 Cost Recovery Administrative
11109.1 Board of Appeals established Administrative
1120.4 Violation and Penalties Administrative
202 Fire Chief Administrative
308.1.6.3 Sky Lanterns I, II & III
503.2.1 Dimensions Administrative
503.2.2 Authority Administrative
Formatted Table

Item 22.

Created: 2022-06-06 10:54:57 [EST]
(Supp. No. 24)

503.6.1 Automatic opener Administrative
503.7 Loading areas and passenger drop-offs Administrative 507.5.7 Fire hydrant size and outlets I & III
507.5.8 Fire hydrant street marker I, II & III
508.1, 508.1.1,
508.1.3, 508.1.6,
508.1.8
Fire command center I, II & III
509.2.1 Minimum clearances I & III
6085.110.1.2 Manual operation II & III
903.2 Where required (automatic sprinkler
systems)

I, II & III
903.3.5.3 Hydraulically calculated systems I & II
3204.2.1 Minimum requirements for client leased or
occupant
Administrative
4904.2.13 High Fire Hazard Severity Zone Maps Administrative App Ch B, Table
B105.2
Buildings other than one- or two-family
dwellings

I, II & III
App Ch C, C103.1 Fire hydrant location I, II & III

15.24.030 Amendments to the Fire Code.

A. DEFINITIONS. Section 202, definition of "Fire Chief" in the California Fire Code is deleted in its entirety and replaced with the following:

FIRE CHIEF. The Fire Chief of Riverside County or the Fire Chief's designee.

B. SCOPE AND GENERAL REQUIREMENTS.

1. Section 101.4 of the California Fire Code is deleted in its entirety and replaced with the following:
101.4 Severability. If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are hereby declared to be severable.

C. APPLICABILITY.

1. Section 102.5 of the California Fire Code is amended as follows:
102.5 Application of residential code. Where structures are designed and constructed in accordance with the California Residential Code, the provisions of this code shall apply as follows:

1. Construction and design provisions of this code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire apparatus access and water supplies. Where interior or exterior systems or devices are installed, construction permits required by Section 105.67 of this code shall apply.

2. Administrative, operational and maintenance provisions of this code shall apply.

3. Automatic fire sprinkler system requirements of this code shall apply to detached accessory buildings 3,600 square feet or greater in accordance with Section 903.2. The provisions contained in Section 903.2.18 of the California Fire Code or Section R309.6 of the California Residential

Item 22.

Created: 2022-06-06 10:54:57 [EST]
(Supp. No. 24)

Code may be used for the design of the automatic fire sprinkler system for detached private garages.

D. DEPARTMENT OF FIRE PREVENTION.

1. Sections 104.73.4 and 104.713.4.1 of the California Fire Code are deleted in their entirety and replaced with the following:
104.73.4 Liability. Any liability against Riverside County or the City of Coachella or any officer or employee for damages resulting from the discharge of their duties shall be as provided by law.

E. GENERAL AUTHORITY AND RESPONSIBILITIES.

1. A new Section 104.1.1 is added to Section 104.1 of the California Fire Code to read as follows:
104.1.1 Authority of the Fire Chief and Fire Department.

1. The Fire Chief is authorized and directed to enforce all applicable State fire laws and provisions of this ordinance and to perform such duties as directed by the City Council.

2. The Fire Chief is authorized to administer, interpret and enforce this ordinance. Under the Fire Chief's direction, the Riverside County Fire Department is authorized to enforce ordinances of the City of Coachella pertaining to the following:

2.1. The prevention of fires.

2.2. The suppression or extinguishment of dangerous or hazardous fires.

2.3. The storage, use and handling of hazardous materials.

2.4. The installation and maintenance of automatic, manual and other private fire alarm systems and fire extinguishing equipment.

2.5. The maintenance and regulation of fire escapes.

2.6. The maintenance of fire protection and the elimination of fire hazards on land, in buildings, structures and other property, including those under construction.

2.7. The maintenance of means of egress.

2.8. The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials.

3. The following persons are hereby authorized to interpret and enforce the provisions of this ordinance and to make arrests and issue citations as authorized by law:

3.1. The Unit Chief, Peace Officers and Public Officers of the California Department of Forestry and Fire Protection.

3.2. The Fire Chief, Peace Officers and Public Officers of the Riverside County Fire Department.

3.3. The Riverside County Sheriff and any deputy sheriff.

3.4. The Police Chief and any police officer of any city served by the Riverside County Fire Department.

3.5. Officers of the California Highway Patrol.

3.6. Code Officers of the City of Coachella Code Enforcement Department.

3.7. Peace Officers of the California Department of Parks and Recreation.

3.8. The law enforcement officer of the Federal Bureau of Land Management.

Item 22.

Created: 2022-06-06 10:54:57 [EST]
(Supp. No. 24)

2. Section 104.12 is added to Section 104 of the California Fire Code to read as follows:
104.12 Authority of the Fire Chief to close hazardous fire areas. Except upon National Forest Land, the Fire Chief is authorized to determine and announce the closure of any hazardous fire area or portion thereof.

Any closure by the Fire Chief for a period of more than fifteen (15) calendar days must be approved by the Riverside County Board of Supervisors and/or the City Council within fifteen (15) calendar days of the Fire Chief's original order of closure. Upon such closure, no person shall go in or be upon any hazardous fire area, except upon the public roadways and inhabited areas. During such closure, the Fire Chief shall erect and maintain at all entrances to the closed area sufficient signs giving notice of closure. This section shall not prohibit residents or owners of private property within any closed area, or their invitees, from going in or being upon their lands. This section shall not apply to any entry, in the course of duty, by a peace officer, duly authorized public officer or fire department personnel. For the purpose of this section, "hazardous fire area" shall mean public or private land that is covered with grass, grain, brush or forest and situated in a location that makes suppression difficult resulting in great damage. Such areas are designated on Hazardous Fire Area maps filed with the office of the Fire Chief.

F. FEES.

1. Section 1076.2 of the California Fire Code is deleted in its entirety and replaced with the following:
1076.2 Schedule of permit fees. Fees for services and permits shall be as set forth in the City of Coachella fee schedule.

2. A new Section 107.76.6 is added to Section 106 of the California Fire Code to read as follows:
107.76.6 Cost recovery. Fire suppression, investigation, rescue or emergency medical costs are recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1, as may be amended from time to time. Additionally, any person who negligently, intentionally or in violation of law causes an emergency response, including, but not limited to, a traffic accident, spill of toxic or flammable fluids or chemicals is liable for the costs of securing such emergency, including those costs pursuant to Government Code Section 53150, et seq, as may be amended from time to time. Any expense incurred by the Riverside County Fire Department for securing such emergency shall constitute a debt of such person and shall be collectable by Riverside County in the same manner as in the case of an obligation under contract, express or implied.

G. BOARD OF APPEALS.

1. Section 11109.1 of the California Fire Code is deleted in its entirety and replaced with the following:
11109.1 Board of appeals established. The Board of Appeals shall be the City Manager. If he or she determines an outside board is needed, he or she shall designate an outside hearing officer to hear the appeal. The Fire Chief shall be notified of any appeal and the Fire Chief or designee shall be in attendance at the appeal hearing. Depending on the subject of the appeal, specialized expertise may be solicited, at the expense of the applicant, for the purpose of providing input to the Appeals Board.

H. VIOLATIONS.

1. Section 1120.4 of the California Fire Code is deleted in its entirety and replaced with the following:
110112.4 Violation and penalties. It shall be unlawful for any person, firm, corporation or association of persons to violate any provision of this ordinance, or to violate the provisions of any permit granted pursuant to this code or Ordinance. Punishments and penalties for violations shall be in accordance with the City of Coachella ordinances, fee schedule and Health and Safety Code Sections 17995 through 17995.5.

I. OPEN FLAMES.

1. Section 308.1.6.3 of the California Fire Code is deleted in its entirety and replaced with the following:

Item 22.

Created: 2022-06-06 10:54:57 [EST]
(Supp. No. 24)

308.1.6.3 Sky lanterns or similar devices. A person shall not release or cause to be released a sky lantern or similar device.

J. FIRE APPARATUS ACCESS ROADS.

1. Section 503.2.1 of the California Fire Code is deleted in its entirety and replaced with the following:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7315 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). For additional requirements or alternatives see Riverside County Fire Department Standards and Policies, as may be amended from time to time.

2. Section 503.2.2 of the California Fire Code is deleted in its entirety and replaced with the following:
503.2.2 Authority. The fire code official shall be the only authority authorized to designate fire apparatus access roads and fire lanes and to modify the minimum fire lane access widths for fire or rescue operations.

3. A new Section 503.6.1 is added to Section 503.6 of the California Fire Code to read as follows:
503.6.1 Automatic opener. New motorized gates shall be provided with means to be automatically opened remotely by emergency vehicle in accordance with Riverside County Fire Department standards and Policies, as may be amended from time to time.

Exception: Gates serving individual one- and two-family dwelling parcels.

4. A new Section 503.7 is added to Section 503 of the California Fire Code to read as follows:
503.7 Loading areas and passenger drop-off areas. On private properties, where fire apparatus access roads are utilized for loading or unloading or utilized for passenger drop-off or pick-up, an additional eight (8) feet of width shall be added to the minimum required width for the fire apparatus access road.

K. FIRE PROTECTION WATER SUPPLIES.

1. A new Section 507.5.7 is added to Section 507 of the California Fire Code to read as follows:
507.5.7 Fire hydrant size and outlets. As determined by the fire code official, fire hydrant sizes and outlets shall be based on the following:

1. Residential Standard - one (1) four (4) inch outlet and one (1) two and half (2 ½) inch outlet.

2. Super Hydrant Standard - one (1) four (4) inch outlet and two (2) two and one half (2 ½) inch outlet.

3. Super Hydrant Enhanced - two (2) four (4) inch outlet and one (1) two and one half (2 ½) inch outlet.

2. A new Section 507.5.8 is added to Section 507 of the California Fire Code to read as follows:
507.5.8 Fire hydrant street marker. Fire hydrant locations shall be visually indicated in accordance with Riverside County Fire Department Technical Policy 06-11, as may be amended from time to time. Any hydrant marker damaged or removed during the course of street construction or repair shall be immediately replaced by the contractor, developer or person responsible for removal or damage.

L. FIRE COMMAND CENTER.

1. Section 508.1 of the California Fire Code is deleted in its entirety and replaced with the following:
508.1 General. Where required by other sections of this code and in all buildings classified as high-rise buildings by the California Building Code, in all buildings greater than 300,000 square feet in area and in

Item 22.

Created: 2022-06-06 10:54:57 [EST]
(Supp. No. 24)

Group I-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access, a fire command center for fire department operations shall be provided and comply with Sections 508.1.1 through 508.1.78.

2. Section 508.1.1 of the California Fire Code is deleted in its entirety and replaced with the following:
508.1.1 Location and access. The fire command center shall be located adjacent to the main lobby and shall be accessible from fire department vehicular access or as approved by the fire code official. The room shall have direct access from the building exterior at the lowest level of fire department access.

3. Section 508.1.3 of the California Fire Code is amended to add the following:

Exception: A fire command center solely required because a building is greater than 300,000 square feet in area shall be a minimum of 96 square feet (9 m2 ) with a minimum dimension of 8 feet (2438 mm).

4. Section 508.1.6 of the California Fire Code is amended to add the following:

Exception: A fire command center solely required because a building is greater than 300,000 square feet in area shall comply with NFPA 72 and contain the features set forth in Section 508.1.6 subsections 5, 8, 10, 12, 13 and 14. The features set forth in Section 508.1.6 subsections 1, 2, 3, 4, 6, 7, 9, 11, 15, 16, 17, 18 and 19 shall be required when such building contains systems or functions related to these features.

5. A new Section 508.1.8 is added to Section 508 of the California Fire Code to read as follows:
508.1.8 Fire command center identification. The fire command center shall be identified by a permanent easily visible sign stating "Fire Dept. Command Center," located on the door to the fire command center.

M. FIRE PROTECTION AND UTILITY EQUIPMENT IDENTIFICATION AND LOCATION.

1. Section 509.2.1 of the California Fire Code is amended to add the following:
509.2.1 Minimum clearances. A 3-foot (914 mm) clear space shall be maintained around the circumference of exterior fire protection system control valves, or any other exterior fire protection system component that may require immediate access, except as otherwise required or approved.

N. MECHANICAL REFRIGERATION.

1. Section 608.11.1.25.10.1.2 of the California Fire Code is deleted in its entirety and replaced with the following:
608.11.1.25.10.1.2 Manual operation. When required by the fire code official, automatic crossover valves shall be capable of manual operation. The manual valves shall be located in an approved location immediately outside of the machinery room in a secure metal box or equivalent and marked as Emergency Controls.

O. AUTOMATIC SPRINKLER SYSTEMS.

1. Section 903.2 of the California Fire Code is deleted in its entirety and replaced with the following:
903.2 Where required. In all new buildings and structures which are 3,600 square feet or greater, an approved automatic sprinkler system shall be provided regardless of occupancy classification. Where the Sections 903.2.1 - 903.2.210 of the California Fire Code require more restrictive requirements than those listed below, the more restrictive requirement shall take precedence.

Exception: Unless required elsewhere in this code or the California Building Code, automatic fire sprinkler systems shall not be required for the following:

1. Detached Group U occupancies used for agricultural purposes constructed in accordance with the California Building Code.

Item 22.

Created: 2022-06-06 10:54:57 [EST]
(Supp. No. 24)

2. Detached non-combustible equestrian arena shade canopies that are open on all sides and used for riding only - no commercial, assembly or storage uses.

3. Detached fabric or non-combustible shade structures that are open on all sides and used to shade playground equipment, temporary storage of vehicles and dining areas with no cooking.

4. Where determined by the Fire Chief that no major life safety hazard exists, and the fuel load does not pose a significant threat to firefighter safety or to other structures or property, automatic fire sprinklers may be exempted.

One- and two-family dwellings shall have an automatic fire sprinkler system regardless of square footage in accordance with the California Residential Code. Fire sprinkler systems shall be installed in mobilehomes, manufactured homes and multifamily manufactured homes with two dwelling units in accordance with Title 25 of the California Code of Regulations.

The following exceptions in the California Fire Code shall not be allowed:
a. Exception in Section 903.2.3
b. Exception 2 in Section 903.2.11.3

2. A new Section 903.3.5.3 is added to Section 903 of the California Fire Code to read as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.

P. DESIGNATION OF HIGH-PILED STORAGE AREAS.

1. A new Section is added to Section 3204.2 of the California Fire Code to read as follows:
3204.2.1 Minimum requirements for client leased or occupant owned warehouses. Designs of an automatic sprinkler system for client leased or occupant owned buildings containing high pile storage shall be based on the requirements of NFPA 13. The responsible fire protection engineer shall perform a survey of the building to determine commodity classification, storage configuration, building height and other information related to the development of an appropriate sprinkler system design. The fire protection engineer shall also make reasonable efforts to meet with the building owner or operator to understand seasonal or customer related fluctuations to the stored commodities, storage height, and configuration. The sprinkler design shall be based on the most demanding requirements determined through the onsite survey and discussions with the building owner or operator. The technical report shall describe the basis for determining the commodity and sprinkler design selection, how the commodities will be isolated or separated, and include references to the design document(s). If a specific fire test is used as the basis of design, a copy of the fire test report shall be provided at the time of plan review.

Q. FIRE HAZARD SEVERITY ZONES.

1. A new Section 4904.3 is added to Section 4904 of the California Fire Code to read as follows:
4904.2.13 High Fire Hazard Severity Zone Maps. In accordance with Government Code Sections 51175 through 51189, Very High Fire Hazard Severity Zones (VHFHSZ), located in the Local Responsibility Areas (LRA), are designated as shown on a map titled Very High Fire Hazard Severity Zones, dated December 24, 2009 the most recently published VHFHSZ IN LRA map, as recommended and published by the Director of the California Department of Forestry and Fire Protection (CAL FIRE), which may be revised from time to time.and retained on file at the office of the Fire Chief, The most recent VHFHSZ IN LRA map is on file at the office of the Fire Chief, which supersedes other maps previously adopted by Riverside County designating high fire hazard areas.

R. APPENDIX B.

Item 22.

Created: 2022-06-06 10:54:57 [EST]
(Supp. No. 24)

1. Table B105.2 of the California Fire Code is amended as follows:

TABLE B105.2

REQUIRED FIRE-FLOW FOR BUILDINGS OTHER

THAN ONE- AND TWO-FAMILY
DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES

AUTOMATIC SPRINKLER SYSTEM
(Design Standard)

MINIMUM FIRE-FLOW
(gallons per minute)

FLOW DURATION
(hours)
No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1.1 of the California
Fire Code
50% of the value in Table
B105.1(2)a
Duration in Table B105.1(2) at the
reduced flow rate
Section 903.3.1.2 of the California
Fire Code
50% of the value in Table
B105.1(2)b
Duration in Table B105.1(2) at the
reduced flow rate
For SI: 1 gallon per minute = 3.785 L/m.
a. The reduced fire-flow shall be not less than 1,000 gallons per minute. b. The reduced fire-flow shall be not less than 1,500 gallons per minute.

S. APPENDIX C.

1. Section C103.1 of the California Fire Code is deleted in its entirety and replaced with the following:

C103.1 Hydrant spacing. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 of the International Fire Code shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall be in accordance with Sections C103.2 and C103.3. Fire hydrants shall be provided at street intersections.
( Ord. No. 1147 , § 4, 1-22-20)

Item 22.

STAFF REPORT
11/9/2022
TO: Honorable Mayor and City Council Members
FROM: Brian F. Gumpert, City Building Official
SUBJECT: Introduce Ordinance No. 1201, first reading, revising Municipal Code Title 15 for the purpose of adopting the 2022 California State Building Codes STAFF RECOMMENDATION:

Staff recommends that the City Council introduce Ordinance No. 1201 for first reading, by title only, to amend Chapter 15 of the Coachella Municipal Code.

BACKGROUND:

Building Code updates occur every three years in order to update the State Building Codes to the currently adopted and amended sections of the Coachella Municipal Code. The new codes do not represent a significant change from the old code and the State has still not adopted the International Swimming Pool and Spa Code and neither will the City in this cycle. The California Referenced Standards Code will be adopted this cycle as was done by the State Building Standards Commission.

DISCUSSION/ANALYSIS:

California State Law Title 24 Part 1 requires that the new California Model Codes (Title 24 Parts 1,2,2.5,3,4,5,6,8,10-12) be adopted at a local level with local amendments prior to their official enforcement date, in this case January 1, 2023. This does not include the Title 24 Part 9 (California Fire Code) as this will be adopted under a separate resolution drafted by the governing Fire Authority, Riverside Country Cal-Fire. New updates include:
 Clarification that walkways are not exempt from a building permit.  Allow for post tension designs for block walls that mitigate soil conditions.  Delegates the Planning Commission as the City’s Cultural Heritage Board with responsibilities such as:
o Compiling and maintaining list of site and structures determines to be historical or cultural sites.
o Publish and transmit list to the public concerning a list of historic resources. o Make recommendations to Council with respect to historic preservation. o Designate landmarks and historical districts subject to Council approval.

Item 23.

ENVIRONMENTAL REVIEW:

The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonable foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

FISCAL IMPACTS:

There is no financial impact in adopting this ordinance for either the City or residents of the City.

It does not change any fees or require expenditure of any kind and presents no financial burden to the City of Coachella residents.

ALTERNATIVES:

1. Introduce Ordinance No. 1201 for first reading, by title only, to adopt the new California State Building Code.

2. Continue this matter and provide staff direction.

3. Take no action.

RECOMMENDED ALTERNATIVE(S):

Staff recommends Alternative #1 as shown above.

Attachments:

1. Ordinance No. 1201 (first reading)
Exhibit A – Amendments to Coachella Municipal Code Title 15 adopting California Building Codes Title 24 Parts 1,2,2.5,3,4,5,6,8,10-12

Item 23.

Ordinance No. 1201

Attachment 1
ORDINANCE NO. 1201

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF COACHELLA, CALIFORNIA, AMENDING

PROVISIONS OF THE COACHELLA MUNICIPAL CODE
IN TITLE 15 BUILDING AND CONSTRUCTION
REGARDING THE TITLE 24 PARTS 1,2,2.5,3,4,5,6,8,10-12.

CITY-INITIATED. (First Reading)
WHEREAS, pursuant to the authority granted to the City of Coachella (“City”) by Article XI, Section 7 of the California Constitution, the City has the police power to regulate building permitting and construction within the City in a manner designed to promote public convenience and general prosperity, as well as public health, welfare, and safety; and, WHEREAS, adoption and enforcement of comprehensive building code regulations lies within the City’s police power; and,
WHEREAS, the subject Municipal Code Amendment is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3). The activity is not subject to CEQA because it will not result in a direct or reasonably foreseeable indirect physical change in the environment; the activity is not a project as defined in Section 15378 of the California Public Resources Code, and the activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant impact on the environment. Where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the activity is not subject to CEQA; and, WHEREAS, the City Council considered the findings and facts related to adoption of the 2022 California Building Codes at the regular City Council meeting of November 9, 2022.

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

SECTION 1. Incorporation of Recitals. The City Council of the City of Coachella, California, hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Ordinance.

SECTION 2. Amendment to the Coachella Municipal Code. is hereby amended to include the underlined text and delete text in strike-out as identified in “Exhibit A.” SECTION 3. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonable foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

Item 23.

Ordinance No. 1201

SECTION 4. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.

SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional.

SECTION 6. Certification. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a local newspaper of general circulation and which is hereby designated for that purpose.

ORDINANCE PASSED AND APPROVED at a regular meeting of the City Council of the City of Coachella this __ day of _____, 2022.
________________________________
Steven Hernandez, Mayor
ATTEST:
________________________________
Angela M. Zepeda, City Clerk
APPROVED AS TO FORM:
________________________________
Carlos Campos, City Attorney

Item 23.

I, Angela M. Zepeda, City Clerk, City of Coachella, California, certify that the foregoing Ordinance was adopted by the City Council at a regular meeting of the City Council held on the __ day of _____ 2022 and was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Angela M. Zepeda, City Clerk

Item 23.

Exhibit A – Ordinance No. 1201 (Amendments to Title 15 Buildings and Construction for State Building Code Updates)
Coachella, California, Code of Ordinances Created: 2022-06-06 10:55:02 [EST] (Supp. No. 24)

Title 15

BUILDINGS AND CONSTRUCTION
Chapters:

Chapter 15.04 ADMINISTRATION1

15.04.010 Adoption of Chapter 1 of the California Building Code.

Except as provided in this chapter, the code currently adopted state building code under Title 24 sections parts 1-6, 8, 9 and 11 of the California Code of Regulations (CCR) known and designated as the 2022 California Building Codes (CBC), as adopted by the state of California, based on the 2021 International Building Code published by the International Code Council and the Plumbing and Mechanical Codes written by IAPMO and the National Electrical Code and Fire Code as written by NFPA, shall become the administrative provisions of the City of Coachella for regulating the construction, erection, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use and occupancy and maintenance of all buildings and/or structures in the city. Chapter 1 of the 2022 California Building Code and all other formally adopted building code will be on file for public examination in the offices of the building official as required by State law.

The city of Coachella does hereby formally adopt the State of California model building codes into local law as listed below:
2022 California Administrative Code Title 24 Part 1
2022 California Building Code Title 24 Part 2 (Volumes 1 & 2) 2022 California Electrical Code Title 24 Part 3 (based on 2017 NEC) 2022 California Mechanical Code Title 24 Part 4 (based on 2018 Uniform Mechanical Code) 2022 California Plumbing Code Title 24 Part 5
2022 California Energy Code Title 24 Part 6
2022 California Historical Building Code Title 24 Part 8 2022 California Fire Code Title 24 Part 9
2022 California Green Building Standards Code Part 11
All sections of the code listed here and legally adopted by the state of California's Building Standards Commission or by the Office of the State Fire Marshall shall be formally adopted by the city of Coachella as the California Building Code to be enforced within the city limits as required by state law. Sections and appendices not specifically adopted by the aforementioned state offices are hereby adopted by reference. Appendix J of the Building Code is hereby adopted as the Garding Code for Title 24 Buildings as well as referenced elsewhere in this code for land development.

Item 23.

Created: 2022-06-06 10:54:57 [EST]
(Supp. No. 24)

( Ord. No. 1147 , § 4, 1-22-20)

15.04.020 Amendments to Chapter 1, Division II of the California Building Code.

A. "Sub-section 105.1 Required." is amended to read as follows:

Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. The City of Coachella requires a building permit for the following projects:

1. Hardscape work including concrete flatwork, patio slabs, and pavers, (Walkways not exempt)

2. New driveways made of concrete, pavers, grass-crete or comparable permeable or impermeable surfaces.

3. Removal and repair of existing masonry walls for the purpose of installation of gates and driveways.

4. Tent structures and canvas shade structures and coverings over 200 square feet, unless exempt as part of a Special Event Permit.

5. Storage sheds and metal containers in excess of 120 square feet.

6. Re-surfacing and re-striping of existing parking lots. 105.1(a) Prohibited Block Walls: Notwithstanding the provisions of the 2022 California Building Code, the City shall prohibit post-tension masonry walls, unless said post tension designs are specifically designed to mitigate soil conditions specific to this jurisdiction and pre-approved by the City Building Official in advance by way of engineered design.

B. "Sub-section 105.2 Work exempt from permit", Items 2, 4, and 6 under "Building" are hereby deleted and replaced in their entirety as follows:

2. Fences conforming to design requirements of Title 17 of this Code, not exceeding a height of 2 feet (610 mm).

4. Retaining walls that are not over 2 feet (610 mm) in height measured from the top of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.

C. The "Electrical" provision of Section 105.2 is hereby amended to read as follows:

Electrical:

1. Listed cord and plug connected temporary decorative lighting.

2. Reinstallation of attachment plug receptacles, but not the housing, wiring and conduit therefore.

3. Repair or replacement of branch circuit overcurrent devices, listed for the use, of the required capacity in the same location.

4. Installation or maintenance of communications wiring, devices, appliances, apparatus or equipment specifically under the jurisdiction of utilities as described by the code.

5. Installation or replacement of electrical equipment such as lamps and of electrical utilization equipment approved for connection to suitable permanently installed receptacles, Replacement of flush or snap switches, fuses, lamp sockets, and receptacles, and other minor maintenance and repair work, such as replacing worn cords and tightening connections on a wiring device.

6. The process of manufacturing, testing, servicing, or repairing electrical equipment or apparatus.

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7. The installation or replacement of electrical meter sockets within an existing panel or private meter assembly. (Locally occurring condition)
D. Section 105.2 Work exempt from permit, is amended by adding thereto language to read as follows:

Grading:

See Appendix J, Section J103.2 Exemptions, for work exempt from grading permits.

E. Section 113, Board of Appeals is hereby amended to read as follows:

Section 113

BOARD OF APPEALS
113.1 General. A local Appeals Board shall be created, as described by CBC 113, for the purpose of providing determinations in relation to the application and interpretation of the Code. Code language not susceptible to interpretation and clearly defined under law, as written, shall not be the subject of appeal. This Board shall be tasked with ruling on appeals of orders, decisions or determinations made by the Building Official and will hereby be known as the "Board of Appeals". This Board shall also serve as the Accessibility Appeals Board as described below.
113.2 Definition. The following term shall, for the purpose of this section, have the meaning shown.

ACCESSIBILITY APPEALS BOARD. The board of the city which is authorized by the governing body of the city to hear appeals brought by any person regarding action taken by the building department of the city in enforcement of the authority to grant exceptions to the standards and specifications contained in California Health and Safety Code section 19957. (Note: The establishment of this board is pursuant to Health and Safety Code 19957.5)
113.3 Appeals Board Defined. The Housing Appeals Board, Accessible Appeals Board, and the Local Appeals Board shall be for the purposes of this code and may be one in the same and shall be referred to herein throughout this code as the Appeals Board.
113.4 Qualifications. In addition to the qualifications established in CBC Section 1.8.8, at least two members shall be physically disabled, if the Appeals Board is to hear appeals relating to accessibility issues pursuant to CBC, (California) Chapter 1, Section 1.9.1.5 (Special conditions for persons with disabilities requiring appeals action ratification; Pursuant to Health and Safety Code 19957.5) E. Section 114.4, Violation penalties, is hereby amended to read as follows:
114.4 Violation penalties. Any person, firm or corporation violating any of the provisions, regulations, requirements, additions, amendments and/or deletions of this code is guilty of a misdemeanor and the penalty for such a misdemeanor shall be as set forth in Chapter 3.48.090 of the City of Coachella Municipal Code.

Chapter 15.08 BUILDING CODE2

2Editor's note(s)—Ord. No. 1147 , § 3, adopted Jan. 22, 2020, repealed the former Ch. 15.08, §§ 15.08.010—

15.08.030, and § 4 of the same ord. enacted a new chapter as set out herein. The former Ch. 15.08 pertained to similar subject matter and derived from Ord. No. 1099, § 4, adopted Jan. 11, 2017.

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15.08.010 Adoption of specific sections of the California Building Code.

Except as amended in this chapter, those certain building codes known and designated as the 2022 California Building Code (CBC), including Chapters 2 through 35, and Appendix C, G, H, I, and J as adopted by the State of California, based on the 2021 International Building Code as published by the International Code Council, except as amended herein, shall become the building code of the city of Coachella for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and/or structures in the city. The 2022 California Building Code and its adopted appendices and amendments will be on file for public examination in the offices of the building official and is available online at the State California Building Standards Commission homepage.. ( Ord. No. 1147 , § 4, 1-22-20)

15.08.020 Enforcement.

Pursuant to California Building Code, (California) Chapter 1, Section 1.11.2.1, the delegated enforcement official responsible for the enforcement of the building standards relating to fire and panic safety and other regulations of the State Fire Marshal as they relate to Group R, Division 3 Dwellings shall be the Building Official. ( Ord. No. 1147 , § 4, 1-22-20)

15.08.030 Amendments to the California Building Code.

A. Automatic Sprinkler Systems. Where determined by the Fire Chief that no major life safety hazard exists, and the fuel load does not pose a significant threat to firefighter safety or to other structures or property, automatic fire sprinklers may be exempted.

Newly constructed one- and two-family dwellings shall have an automatic fire sprinkler system regardless of square footage in accordance with the California Residential Code. Fire sprinkler systems shall be installed in mobile homes, manufactured homes and multifamily manufactured homes with two dwelling units in accordance with Title 25 of the California Code of Regulations.

The following exceptions in the California Fire Code shall not be allowed:
a. Exception in Section 903.2.3
b. Exceptions 2 in Section 903.2.11.3
B. Section 1904.3 is hereby amended by adding thereto Section 1904.3.1 and 1904.3.2 to read as follows:
1904.3.1 Type of cement. All concrete used in floor slabs where floor slab is supported by earth or fill of any kind and all concrete used in footings, foundations, curbs, gutters, sidewalks, driveways and walls supporting or retaining earth or fill shall contain only sulfate resistant Type V. Portland cement. Portland cement concrete shall be composed of not less than four hundred seventy (470) pound (five sacks) of Portland cement per cubic yard of concrete, except that any concrete containing an approved water reducing admixture, used in accordance with the manufacturer's recommendations shall contain not less than four hundred eighteen (418) pound (4.5 sacks) of Portland cement per cubic yard of concrete.

C. Section 1907.1 is hereby amended by adding thereto Section 1910.1.1 and 19101.2 to read as follows:
1907.1.1 Base course required. A base course shall be provided beneath the concrete floor slab of any structure consisting of at least a four inch thickness of a limited capillarity material. Base course shall be either clean graded gravel or crushed rock. Material shall pass a two inch sieve and be retained in a one-fourth inch sieve.

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Capillary break in conformance with the California Green Building Standards Code Chapter 4, Division 4.5 is required.
1907.1.2 Expansion protection for slab. A two-inch layer of dry washed sand shall be placed on top of the base course under of a ten (10) mil thick water-proof membrane. This waterproof membrane shall be placed on top of the base course under all slabs to provide for expansion protection for concrete.

D. Section G101.5 is hereby added to Appendix G, FLOOD-RESISTANT CONSTRUCTION, to read as follows:

G101.5 Administration and Enforcement. For the purpose of the administration and enforcement of this Appendix G, Flood-Resistant Construction, the Building Official shall mean the City Director of Public Works or their designated representative.

E. Appendix J, GRADING, is hereby amended as follows:

1. Section J101.3 is hereby added to read as follows:

J101.3 Administration and Enforcement. For the purpose of the administration and enforcement of this Appendix Chapter, Grading, the Building Official shall mean the City Director of Public Works or their designated representative.

2. The "Exception" in Section J104.3 is hereby amended to read as follows:

Exception: A soils report is not required where the building official determines that the nature of the work applied for is such that a report is not necessary.

3. Section J107.4 is hereby amended by adding thereto Section J107.4.1 to read as follows:

J107.4.1 Using alkaline fill soil. Soils or materials which may have an alkali or sulfate content shall not be relocated, placed or used as fill at any location within the city unless a test sample of the soil is first obtained under the direction of the department of building and tests conducted by an approved testing agency indicates that the alkali or sulfate content of the soil sample does not exceed the amount in the natural soil at the location where the fill is to be placed. The director of building may waive the test sample requirements for good cause.

4. Section J109.5 is hereby added to read as follows:

J109.5 Drainage Devices.

J109.5.1 Minimum gradients. Except on slopes, drainage devices shall be constructed with minimum gradients as follows: Poured in place cement concrete construction - 0.5%; Shotcrete concrete construction - 0.5%; Asphaltic concrete pavement - 1.0%; Soils swales - 0.5%; Pipes -

0.4%.

J109.5.2 Slopes. Drainage devices constructed on slopes shall have a minimum gradient of five percent (5.0%). Such drainage devices shall be constructed of shotcrete or poured in place concrete with suitable reinforcement. Closed piping, unpaved swales and Asphaltic concrete drainage structures shall not be used for slope drainage.

J109.5.3 Erosion prevention. Drainage devices shall be constructed to convey drainage to an established private or public watercourse, channel, storm drain or public street, and shall be designed to prevent erosion.

J109.5.4 Device design. Drainage devices conveying water to the public streets shall drain over driveway approaches, through curb drains, through sidewalk culverts, or through nonconcentrated sheet flow over the curb as designated by the City Engineer. ( Ord. No. 1147 , § 4, 1-22-20)

Item 23.

Title 15 - BUILDINGS AND CONSTRUCTION
Chapter 15.12 ELECTRICAL CODE
Coachella, California, Code of Ordinances Created: 2022-06-06 10:54:57 [EST] (Supp. No. 24)

Chapter 15.12 ELECTRICAL CODE3

15.12.010 Adoption of the Electrical Code.

Except as provided in this chapter, the 2022 California Electrical Code, including Appendix Chapters A, B, C, D, E, F, and G, as adopted by the state of California, based on the 2020 National Electrical Code as published by the National Fire Protection Association (NFPA), shall become the electrical code of the city of Coachella, regulating all installation, arrangement, alteration, repair, use and other operation of electrical wiring, connections, fixtures and other electrical appliances on premises within the city. The California Electrical Code is on file for public examination in the office of the building official and is also available online at https://codes.iccsafe.org. ( Ord. No. 1147 , § 4, 1-22-20)

15.12.020 Amendments to the California Electrical Code.

The 2022 Edition of the California Electrical Code is hereby adopted with no amendments. ( Ord. No. 1147 , § 4, 1-22-20)
Chapter 15.16 MECHANICAL CODE4

15.16.010 Adoption of the Mechanical Code.

Except as provided in this chapter, the 2022 California Mechanical Code, including Appendix Chapters Appendices A, B, C, and D as adopted by the state of California, based on the 2021 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials (IAPMO), shall be and become the mechanical code of the city of Coachella, regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat producing appliances. The California Mechanical Code is on file for public examination in the office of the building official.
( Ord. No. 1147 , § 4, 1-22-20)

15.16.020 Amendments to the California Mechanical Code.

The 2022 Edition of the California Mechanical Code is hereby adopted with no amendments. ( Ord. No. 1147 , § 4, 1-22-20)

Item 23.

Title 15 - BUILDINGS AND CONSTRUCTION
Chapter 15.20 PLUMBING CODE
Coachella, California, Code of Ordinances Created: 2022-06-06 10:54:57 [EST] (Supp. No. 24)

Chapter 15.20 PLUMBING CODE5

15.20.010 Adoption of the Plumbing Code.

Except as provided in this chapter, the 2022 California Plumbing Code, including Appendix Chapters A, B, D, G, H, I and K as adopted by the state of California, based on the 2021 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials (IAPMO), shall be and become the plumbing code of the city of Coachella, regulating erection, installation, alteration, repair, relocation, replacement, maintenance or use of plumbing systems within the city. The California Plumbing Code will be on file for public examination in the office of the building official.
( Ord. No. 1147 , § 4, 1-22-20)

15.20.020 Amendments to Chapter 1, Division II of the California Plumbing Code.

The 2022 Edition of the California Plumbing Code is hereby adopted with the following amendment to section 104.1.

A. "104.1 Permits Required." is amended to read as follows:

It shall be unlawful for a person, firm, or corporation to make an installation, alteration, repair, replacement, or remodel a plumbing system regulated by this code except as permitted in Section 104.2, or to cause the same to be done without first obtaining a separate plumbing permit for each separate building or structure. The City of Coachella requires a plumbing permit to abandon an existing private disposal system, and connect to a public sewer system for the following projects:

1. Additions to existing buildings or structures that result in the need for enlarged capacity of septic tank pursuant to Table H 201.1(1), whenever there is an existing public sewer main line or lateral line within 30 feet of the property boundaries.

2. Remodels to existing buildings or structures that increase the number of plumbing fixtures to a structure served by an existing septic tank that is out of compliance with Table H 201.1 (1), whenever there is an existing public sewer main line or lateral line within 30 feet of the property boundaries.
( Ord. No. 1147 , § 4, 1-22-20)
Chapter 15.28 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS6

6Editor's note(s)—Ord. No. 1147 , § 4, adopted Jan. 22, 2020, amended Ch. 15.28 in its entirety to read as herein set out. Former Ch. 15.28, §§ 15.28.010, 15.28.020, pertained to Uniform Code for the Abatement of Dangerous Buildings Adopted and derived from Ord. 928, § 12, adopted in 2005; prior code, §§ 7-136, 7-137.

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15.28.010 Adoption of the Uniform Code for the Abatement of Dangerous Buildings.

A. That certain document, three copies of which are now on file in the office of the city clerk, being marked and designated as the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, with all state and city amendments thereto, is adopted as the code for the abatement of dangerous buildings of the city.

B. Each and all of the regulations, provisions, penalties, conditions and terms of such Uniform Code for the Abatement of Dangerous Buildings, as amended by this chapter and on file in the office of the city clerk, are referred to, adopted, and made a part hereof as if fully set out in this chapter, together with any and all amendments thereto, which have or may be adopted by the state of California except as listed below. ( Ord. No. 1147 , § 4, 1-22-20)

15.28.020 Amendments to the Uniform Code for the Abatement of Dangerous Buildings.

A. Sections 205, 501, 502 and 503 of the Uniform Code for the Abatement of Dangerous Buildings are repealed.

B. Section 601.1 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:

Hearings. The board of appeals shall proceed pursuant to Article VIII of Chapter 2; and said provisions shall prevail over all other conflicting provisions hereof. However, the board of appeals may appoint one or more hearing examiners or designate one or more of its members to serve as hearing examiners to conduct the hearings. The examiner hearing the case shall exercise all powers relating to the conduct of the hearings until it is submitted to the board of appeals for decision.
( Ord. No. 1147 , § 4, 1-22-20)
Chapter 15.32 EXISTING BUILDING CODE7

15.32.010 Adoption of the existing building code.

Except as provided in this chapter, the 2022 California Existing Building Code including Appendices A-1 based on the 2021 International Existing Building Code, as adopted by the state of California, as published by the International Code Council (ICC), shall become the Existing Building Code of the city of Coachella for the purpose of regulating the repair, alteration, change of occupancy, addition to and relocation of the Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings, in existing buildings in the city. The California Existing Building Code will be on file for public examination in the office of the building official. ( Ord. No. 1147 , § 4, 1-22-20)

15.32.020 Amendments to the existing building code.

A. Section 202, Definitions, is hereby amended by adding thereto the following definition to read as follows:

Substantial Structural Damage. A condition where:

7Editor's note(s)—Ord. No. 1147 , § 3, adopted Jan. 22, 2020, repealed the former Ch. 15.32, §§ 15.32.010,

15.32.020, and § 4 of the same ord. enacted a new chapter as set out herein. The former Ch. 15.32 pertained to similar subject matter and derived from Ord. No. 1099, § 4, adopted Jan. 11, 2017.

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1. In any story, the vertical elements of the lateral-force-resisting system, have suffered damage such that the lateral load-carrying capacity of the structure in any direction has been reduced by more than 20 percent from its pre-damaged condition, or

2. The capacity of any vertical gravity load-carrying component, or any group of such components, that supports more than 30 percent of the total area of the structure's floor(s) and roof(s) has been reduced more than 20 percent from its pre-damaged condition, and the remaining capacity of such affected elements with respect to all dead and live loads is less than 75 percent of that required by the building code for new buildings of similar structure, purpose, and location.

B. Section 404 is amended by adding thereto Section 404.6 to read as follows:
404 Repairs. Repairs of structural elements shall comply with this section. 404.6.1 Seismic evaluation and design. Seismic evaluation and design of an existing building and its components shall be based on the following criteria.
3403.6.1.1 Evaluation and design procedures. The seismic evaluation and design shall be based on the procedures specified in the building code, ASCE 31 Seismic Evaluation of Existing Buildings (for evaluation only) or ASCE 41 Seismic Rehabilitation of Existing Buildings.

C. Appendix Chapter A1(Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings) only, of the 2019 California Existing Building Code by ICC is hereby adopted with no amendments. ( Ord. No. 1147 , § 4, 1-22-20)
Chapter 15.40 CONSTRUCTION SITE SECURITY
Sections:

15.40.010 Construction site security.

A. The owner, contractor or responsible party constructing a new building, addition, alteration, or demolition to an existing building shall maintain security measures as deemed necessary or as required by the building official to control vandalism, fires, blowing dust, sand or debris.

B. Perimeter security fencing is required along all property lines. Fencing shall be a minimum six feet high with a minimum ninety-four (94) percent blackout heavy-duty plastic screening. The number of access points onto the site shall be minimized, and where feasible, situated in locations that are highly visible from an adjacent street. Vehicle and pedestrian gates and openings shall have gates secured after hours of operation. Locking gates shall be secured with minimum ⅜-inch thick, thirty (30) grade coil chain, or minimum 5/16-inch cable.

C. The owner, contractor or responsible party constructing a new building, addition, alteration, or demolition to an existing building shall keep the construction site clean by having an adequately sized debris box container placed on the site for the depositing of trash and debris. As used in this section, trash and debris shall include papers, cartons, bottles, cans, garbage, roofing materials, insulation, plaster, concrete, boards and other substance that may be accumulated as a result of construction activities.

D. A trash container shall remain on the construction site until the building inspector has completed the final inspection or has approved the removal of the container. Said container shall be emptied of its contents on a regular schedule or as ordered by the building inspector in order to avoid blowing debris or other public nuisances.

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E. Disposal shall be by transportation to a legally established dump site by the city's refuse contractor, or other person authorized by law to remove any container from the location where the person in charge for storage and collection placed the container.

F. Refusal to comply with the provisions of this section shall be deemed a misdemeanor or infraction and is punishable as stipulated in Section 3.48.090 of this code. The non-compliance can be sufficient cause for the revocation of the issued building permit.
(Ord. 988 § 4 (part), 2007)
Chapter 15.41 MOVED BUILDINGS AND TEMPORARY STRUCTURES
Sections:

15.41.010 Permits required.

It is unlawful for any person, firm or corporation to move or cause to be moved any building or structure excepting a contractors tool house, construction office or similar structure which is relocated as construction requires, into or within the city without first obtaining a permit to do so from the building official.

Exception: Buildings moved to the business premises of a house for the purpose of temporary storage. (Ord. 988 § 4 (part), 2007)

15.41.020 Application and investigation fee.

To obtain a permit to relocate a building or structure the applicant shall first file an application therefore as required by California Building Code. The building official may require plans, photographs and other data to substantiate the application.

Each application shall be accompanied by an investigation fee to cover the costs of processing the application, inspecting the building and premises, and handling other matters connected therewith. Such fee shall be nonrefundable. If the building to be moved is located outside the city, the applicant shall pay an additional fee to cover increased costs of inspection and mileage.
(Ord. 988 § 4 (part), 2007)

15.41.030 Investigation and report.

The building official may cause an investigation to be made of each building or structure for which an application for a relocation permit has been received. A written report shall be prepared based on such inspection, and a copy of the report shall be given to the applicant. This report shall contain the approval or disapproval by the building official for relocating the building. If approved for relocation, the report may list the requirements and corrections necessary for making the building conform to the codes adopted herein.

In granting an approval for relocation, the building official may impose such terms and conditions as he or she may deem reasonable and proper, including time limits for completion of all work, and requirements for whatever changes, alterations, additions or repairs are necessary to assure that relocation will not be materially detrimental or injurious to public health, safety and welfare.

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The investigation report shall remain valid for a period of one hundred eighty (180) days after the building or structure has been inspected, after which time a new investigation and report may be required by the building official.
(Ord. 988 § 4 (part), 2007)

15.41.040 Denial of permit.

Except as otherwise provided in this section, the building official shall be vested with the discretion to refuse to issue a relocation permit for any building or structure which:

A. Is so constructed or is in such condition as to be dangerous; B. Is infested with pests or is unsanitary;
C. Is in such condition in the judgment of the building official that it does not admit of practicable and effective repair;
D. Is so dilapidated, defective or unsightly or is in such a condition of deterioration or disrepair that its relocation at the proposed site would cause appreciable harm to or be materially detrimental to the property or improvements in the area to which it would be relocated; E. Because of age, size, design or architectural treatment, does not substantially conform to the design, plan and construction of the buildings located in the area to which it is to be relocated so that its relocation would be materially detrimental to the property or improvements in said area. (Ord. 988 § 4 (part), 2007)

15.41.050 Security required.

The building official shall be vested with the authority to require the applicant for a permit to first post with the building official a performance bond executed by the owner of the premises where the building or structure is to be located, listing said owner as principal, and an approved surety company authorized to do business in the state as surety; a cash bond naming the city of Coachella as the payee; or an assignment of certificates or shares issued by a savings and loan association doing business in this state and insured by the Federal Savings and Loan Insurance Corporation. The building official may waive the requirement of security when the owner of the property is a governmental agency.

The performance bond required by this section shall:

A. Be in form joint and several;
B. Name the city of Coachella as obligee;
C. Guarantee that the required work will be completed or, when ordered by the building official, the building or structure will be removed or demolished and the site cleared, cleaned, and restored to its original condition; within a reasonable time frame set by the building official; D. Be in an amount equal to the estimated cost, plus ten (10) percent, of the work required to be done in order to comply with all of the conditions of the relocation permit or shall be in an amount equal to the cost of demolition and removal, whichever is greater. Such costs for purposes of the bond shall be as estimated by the building official;
E. State therein the legal description or address of the property to which the building or structure is to be relocated.

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Created: 2022-06-06 10:54:58 [EST]
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(Ord. 988 § 4 (part), 2007)

15.41.060 Conditions of security.

Every performance bond, cash bond or assignment of shares required by this chapter shall be conditioned as follows:

A. Unless otherwise specified in the investigation report, work required to be done pursuant to the conditions of the relocation building permit shall be initiated within one hundred eighty (180) days from the date of issuance of the permit;
B. The time limit specified may be extended for good and sufficient cause after written request of the principal or surety, before said time limit has expired. The building official shall notify the principal and surety in writing of such time extension and may extend the time limit without consent of the surety; C. The term of each bond posted pursuant to this section shall begin upon the date of the posting thereof and shall end upon the completion to the satisfaction of the building official of the performance of all the terms and conditions of the relocation building permit; D. The building official and the surety, or the duly authorized representative of either, shall have access to the premises described in the relocation permit for the purpose of inspecting the progress of the work; E. Upon default by the principal, the surety shall cause all required work to be performed as set forth as stated in the investigation report and relocation permit; F. In the event of default in the performance of any term or condition of the relocation permit, the surety or any person employed or engaged on its behalf, or the building official or any person employed or engaged on his or her behalf, may go upon the premises to complete the required work or to remove or demolish the building or structure, and to clear, clean and restore the site. (Ord. 988 § 4 (part), 2007)

15.41.070 Permit issuance and fees.

Before any permit is issued for the relocation, reconstruction or repair of a building or structure a fee therefore shall be paid to the building official in accordance with the city council resolution for building, electrical, plumbing, mechanical, grading or other permits when applicable. The required permits, together with the investigation report, shall comprise the relocation permit for the purpose of this section.

The valuation for the purpose of determining the relocation permit fee shall be based upon the building officials estimate of the cost of work necessary to relocate the structure and to bring into compliance with conditions listed on the investigation report and permit. (Ord. 988 § 4 (part), 2007)

15.41.080 General requirements.

The following information shall be filed for review and subject to the approval of the building official prior to the issuance of the building relocation permit:

The location and address of the old and new sites;
A. A plot plan of the new location, including adjacent lots of all sides of the property with their use and an indication of all structures and improvements on such lot;

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B. Plans and specifications for the proposed improvements at the new location, including drainage, foundation design and attachment, structural, geologic and soil engineering as appropriate; C. The definition of the route of travel for the structure to be moved. The time and route shall be subject to the approval of the city engineer, fire chief and chief of police; D. A termite inspection report prepared by a legally qualified person; E. The abandonment of sewage disposal systems and/or sewer laterals as set forth in the California Plumbing Code, for the old and the new parcels involved; F. A current photograph showing all four elevations of each structure to be relocated; G. Such additional information as shall be deemed reasonably necessary by the building official to carry out the intent and purpose of this chapter;
H. That the structure shall comply or be altered to comply with current building, electrical, comfort heating, and air conditioning and plumbing code requirements; and I. The vacated site shall be cleaned and restored to a safe and sightly condition, including the removal of abandoned foundation systems.
(Ord. 988 § 4 (part), 2007)

15.41.090 Expiration of permits.

Permits for the relocation, reconstruction and repair of a building or structure shall be null and void in accordance with the provisions of CBC Section 106.4.4 if the building or structure is not relocated to the proposed site and/or the required work commenced within three hundred and sixty five (365) consecutive calendar days of the date of issuance of such permits.
(Ord. 988 § 4 (part), 2007)

15.41.110 Procedure upon default.

A. Performance Bond. Should the principal fail to comply with the conditions required by the relocation permit, the building official shall give notice of default in writing to the principal and to the surety named in the performance bond. The notice of default shall state the conditions of the bond, which have not been complied with and shall specify the period of time the building official deems to be reasonably necessary for completion of the work. Upon receipt of a notice of default, the surety shall cause the required work to be completed within the time specified. The surety shall have the option of removing or demolishing the building or structure in lieu of completing the required work, in which case the site shall be suitably cleared, cleaned and restored to the satisfaction of the building official.

Exception: The surety may be granted a release from its obligation to perform under the conditions of the performance bond provided,

1. A written agreement is executed between surety and the division of building and safety under which the division assumes responsibility for causing completion of required work or demolition of the structure; and

2. A cash bond is posted by surety in the amount of the performance bond, payable to the city, to enable the building official to cause the required work of repair or demolition to be performed in accordance with subsection B of this section.

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B. Cash Bond. When a cash bond has been posted the building official shall give notice of default to the principal in the manner set forth above. Should the principal fail to comply with requirements within the specified time period, the building official at his or her own discretion may proceed without delay and without further notice or proceeding to use the cash deposit or any portion thereof to cause the required work to be completed by contract or otherwise.

C. Assignment of Shares. When an assignment of shares has been posted the building official shall give notice of default to the principal in the manner set forth above. Should the principal fail to comply with requirements within the specified time period, the building official may request payment of the assigned certificates or share or any portion thereof by the savings and loan association and at his or her own discretion the building official may proceed without delay and without further notice or proceeding to use such assets to cause the required work to be completed by contractor or otherwise. (Ord. 988 § 4 (part), 2007)

15.41.120 Release of security.

A. Performance Bond. When all conditions and requirements of the relocation permit and applicable laws and ordinances have been completed, the building official shall notify the surety that the bond has been exonerated.

B. Cash Bond. When a cash bond has been posted and all requirements of the relocation permit have been completed, the building official shall return the cash to the depositor, or to his or her successor or assigns, except any portion thereof that may have been used, cashed or deducted as provided elsewhere in this section.

C. Assignment of Shares. When an assignment of shares has been made and all requirements of the relocation permit have been completed, the building official shall notify the savings and loan association and shall do all things reasonably necessary to effect a release of said assignment to the principal or to his or her successors or assigns, except any portion thereof that may have been used, cashed or deducted as provided elsewhere in this section.
(Ord. 988 § 4 (part), 2007)
Chapter 15.44 BUILDING NUMBERING
Sections:

15.44.010 Required.

Every person owning real property in the city which is improved with a building is required to affix at or near the main entrance to said building a proper street number. (Prior code § 7-126)

15.44.020 Assignment of number—System.

Building numbers shall be assigned to buildings by the director of building who shall assign such number in accordance with the uniform numbering system heretofore and now being used in the Coachella Valley, county of Riverside, state of California.
(Prior code § 7-127)

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15.44.030 Size, color, location of numbers.

The numbers in building numbers shall be of sufficient size and color and shall be so affixed at or near the main entrance to the building so as to be easily visible from that portion of the street upon which such building shall face which shall be immediately adjacent to such front entrance. (Prior code § 7-128)

15.44.040 Numbering by city.

If any person shall fail to comply with the provisions of this chapter within thirty (30) days of being notified of the number assigned by the director of building, the director shall, and he or she is hereby empowered, to enter upon the real property of such person and affix the number assigned by him or her to such building and to collect the reasonable cost of such installation from the owner of such real property by court action or otherwise. (Prior code § 7-129)

15.44.050 Correcting erroneous numbers.

In cases where incorrect numbers have been placed and remain or shall hereafter be placed on any house or building, the owner, agent or other person shall, upon notification by the building official, correct the erroneous numbers within thirty (30) days after official notification. (Ord. 988 § 5 (part), 2007)

15.44.060 Violation—Penalty.

It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person violating any provision of the chapter or failing to comply with any of the requirements is deemed guilty of a violation of Section 3.48.090 of this code. (Ord. 988 § 5 (part), 2007)
Chapter 15.48 HISTORIC DISTRICTS AND SITES
Sections:

15.48.010 Purpose—Authority.

This chapter is adopted pursuant to the authority of Government Code Section 37361 for the purpose of preserving areas and specific buildings of the city which reflect elements of its cultural, social, economic, political, architectural and archaeological history. This chapter is intended to stabilize and improve buildings, structures or areas which are considered to be of historical, architectural, archaeological or ecological value, to foster civic beauty, to strengthen the local economy and to promote the use of specific buildings for the education and welfare of the citizens.
(Prior code § 18-41)

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(Supp. No. 24)

15.48.020 Definitions.

For the purposes of this chapter, the following words shall have the meanings ascribed to them unless the context indicates another meaning:
"Historic district" means any area of the city containing a number of structures, natural features or sites having historic, architectural, archaeological, cultural or aesthetic significance and designated as an historic district under the provisions of this chapter.
"Historic site" means a historic site is any real property such as: a building; a structure, including but not limited to archways, tiled areas and similar architectural elements; an archeological excavation or object that is unique or significant because of its location, design, setting, materials, workmanship or aesthetic effect; and

1. That is associated with events that have made a meaningful contribution to the nation, state or community;

2. That is associated with lives of persons who made a meaningful contribution to the nation, state or local history;

3. That reflects or exemplifies a particular period of the national, state or local history;

4. That embodies the distinctive characteristics of a type, period or method of construction;

5. That presents the work of a master builder, designer, artist, or architect whose individual genius influenced his or her age; or that possesses high artistic value;

6. That represents a significant and distinguishable entity whose components may lack individual distinction; or

7. That has yielded or may be likely to yield information important to national, state or local history or prehistory.
(Prior code § 18-42)

15.48.030 Exceptions.

The regulations contained in this chapter do not apply to routine maintenance or repair to restore a structure as near as possible to its original condition after decay, injury, dilapidation or partial destruction of a structure within an historic district or upon an historic site, provided such maintenance or repair does not exceed one thousand five hundred dollars ($1,500.00) in value. (Prior code § 18-43)

15.48.040 Appeal.

Any person aggrieved by an action of the planning commission under this chapter may appeal the decision to the city council by filing a request to appeal with the city clerk within ten (10) days from the planning commission's decision.
(Prior code § 18-44)

15.48.050 Penalty for chapter violation.

Any violation of this chapter shall constitute a misdemeanor.

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(Supp. No. 24)

(Prior code § 18-45)
(Ord. No. 1098, § 37, 12-14-16)

15.48.060 Injunctive relief.

The city council may seek relief from the appropriate court to restrain or enjoin any violation of this chapter and of the orders and decisions of the planning commission, or to compel the reconstruction of any building, structure or object which is destroyed in violation of this chapter or the orders and decisions of the planning commission or city council.
(Prior code § 18-46)

15.48.070 Compliance with other laws.

A. The provisions of this chapter are separate from and additional to all other requirements of law, including but not limited to compliance with other ordinances and codes of the city, conditions of approval of land use permits and architectural review and approval. Neither a certificate of approval nor any other provisions of this chapter shall be deemed to relieve the owner or applicant from full compliance with any such laws, ordinances, codes or conditions.

B. All permits issued for construction, preservation, restoration or alteration of a building designated as an historic site shall be issued in accordance with the state historic building code as provided in Health and Safety Code, Sections 18950 through 18961, or as amended, which the city adopts and incorporates in this chapter by this reference.
(Prior code § 18-47)

15.48.080 Created by council.

The city council may designate one or more historic sites or districts by following the procedures specified in this section. Designations will be made by categorizing nominated sites and districts into one of the following classifications and such other categories as may be designated by resolution:

A. Class 1. Structure/site qualified for city designation; may be qualified at the federal, state and/or county level. Archival file will be maintained. Structure/site may not be modified nor objects moved without the approval of the city council; usage may be limited by the city council to the extent that it may impair the integrity of the site. Site will be plaqued (intended for use when the structure or site still exists as it did during the historical period or is restorable).

B. Class 2. Site qualified for city designation; may be qualified at the federal, state and/or county level.

Archival file will be maintained. Site is eligible for plaquing (intended for use when the site is not occupied by a modern structure or use which is different than that of the historical period or if structure is unusable, nonconforming, unrestorable or the like).

C. Class 3. Structure/site was constructed before 1945, or a year to be determined by the city council, or construction date cannot be confirmed. Eligible for a six-month stay of demolition. Action of the historical site preservation board may include recommendation to reclassify. All structures built prior to the subject date would be automatically so classified.

D. Historic District. Qualified for city designation; may be qualified at the federal, state and/or county level. Archival file will be maintained and shall contain a map delineating contributing and

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noncontributing structures or sites. Contributing structures/sites shall be subject to class 1 regulations until such time that they may be reclassified. Non-contributing structures/sites shall be subject to review by the historical site preservation board before demolition or construction. A specific plan, containing special regulations pertaining to the subject area, may be adopted by each district. (Prior code § 18-51)

15.48.090 Investigation and study by the planning commission.

The city council designates the planning commission to act as an investigatory and advisory body with respect to preservation of historic sites or structures within the city. The planning commission shall conduct or cause to be conducted such preliminary surveys, studies or investigations as it deems necessary to adequately inform the planning and city council prior to the public hearing, and shall make available to any interested person the results of any such survey, study or investigation. The planning commission may request the assistance of any individual who has knowledge and interest in the cultural, socioeconomic, architectural or archaeological history of the area, either through experience, training, education or occupation.

A. Planning Commission serves as the Cultural Heritage Board in which the Commission's duties are to:

1. Compile and maintain a current list of all of such sites, buildings or structures which it has determined to be historical or cultural sites or monuments. Such list shall contain a brief description of the site, building, structure or object in its natural setting, and the reasons for its inclusion in the list;

2.Publish and transmit said list to all interested parties and to disseminate public information concerning the list, or any site, building, structure or object in its natural setting contained therein;

3.Take all steps necessary to preserve such historically significant properties which are not in conflict with the health, safety, and general welfare of the public, or the powers and duties of the City, or its several boards, officers or departments;

4.Make any recommendations to the City Council in connection with the exercise of its duties which it determines are necessary to implement or carry out the spirit and intent of this subsection;

5.Designate landmarks and historical districts subject to the approval of the City Council. (Prior code § 18-52)
1548.095 - Initiation of Historic District or Amendments to the City's Designated Historic Resources List or City's Landmarks List. An amendment to the City's Designated Historic Resources List or Landmarks List may be initiated by any of the following actions:

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1.At the direction of the Planning Director, City Council or Planning Commission acting as the Cultural Heritage Board.

2.The filing of an application by a property owner(s) or his/her (their) authorized agent(s).

15.48.100 Notice of public hearing by the planning commission.

A. Mailed notice of the public hearing shall be provided at least ten (10) days prior to the hearing to the owners of all property lying within the area proposed to be designated as an historic site or district or within three hundred (300) feet of the outer boundaries of the area proposed to be designated as an historic site or district, and in addition to such mailed notice, notice of such hearing shall be published in a newspaper of general circulation within the city at least ten (10) days prior to such hearing. If mailed notice as required above would result in notice to more than two hundred fifty (250) persons, as an alternative to such mailed notice, notice may be given by placing a display advertisement in a newspaper of general circulation in the city, and by posting such notice in at least three conspicuous places within the proposed boundaries of such site.

B. Notice of public hearing before the city council may be combined with the notice of public hearing before the planning com-mission; provided, that the date set for public hearing before the city council shall be not more than sixty (60) days later than the date set for public hearing by the planning commission. For good cause, the public hearing may be continued from time to time, without further published notice, by announcing the fact at the time and place set for the public hearing before the city hearing body. (Prior code § 18-53)

15.48.110 Findings—Recommendation to the city council.

Following such public hearing, the planning commission shall make findings upon which it shall base its recommendation to the city council concerning the designation of such proposed historic site or district. Within thirty (30) days after the conclusion of the public hearing, the planning commission shall file its recommendation with the city council, together with a report of findings, hearings, and other supporting data. (Prior code § 18-54)

15.48.120 Public hearing—City council.

The city council shall hold a public hearing upon notice given in the same manner and to the same persons as required for the public hearing before the planning commission, which notices may be combined as stated elsewhere in this chapter.
(Prior code § 18-55)

15.48.130 Same—Conduct.

At the public hearing the city council shall receive all evidence and hear all interested persons, and the matter shall then be submitted to the city council for decision. (Prior code § 18-56)

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15.48.140 Same—Findings and decisions—Resolution.

If the city council shall find that the purposes of this chapter are furthered by designation of property as an historic site or district, such findings shall be stated in a resolution designating such property within such historic site or district. From and after the adoption of such resolution, all property within such historic site or district shall be subject to the rules and regulations governing the demolition, preservation, rehabilitation or alteration of historic sites.
(Prior code § 18-57)

15.48.150 Markers for designated historic sites.

A. Upon designation of an historic site by the city council, the planning commission may determine which historic sites shall be marked with uniform and distinctive markers. The markers shall be of a design approved by the planning commission.

B. As a courtesy, notice may be given to the county historical commission and the state department of parks and recreation (office of historic preservation) regarding the proposed location of markers prior to installation to permit recommendations by those agencies. (Prior code § 18-58)

15.48.160 Initiation of proceedings for nomination in the national register.

A. The planning commission may initiate proceedings for designation of an historic site or district or the recommendation of a property for nomination to the national register by motion, and shall then hold at least one public hearing prior to making a recommendation to the city council.

B. The city council may initiate proceedings for designation of an historic site or district or the recommendation of a property for nomination to the national register by motion, and shall then refer the matter to the planning commission for public hearing and recommendation.

C. Upon final action by the city council recommending a property for nomination to the national register, the recommendation will be forwarded by appropriate application to the state department of parks and recreation.
(Prior code § 18-50)

15.48.170 Stay of demolition.

At any time after the initiation of proceedings for designation of an historic site or district, the planning commission may, upon its own motion or upon the application of any interested person, issue an order staying any proposed or threatened demolition or alteration of the exterior or any structure within or upon such proposed site. Such stay order shall be effective for no longer than one hundred twenty (120) days, and is intended to afford time for necessary studies, hearings and determination whether such sit should be designated as an historic site.

Such stay order may be extended once for a period not to exceed sixty (60) days. (Prior code § 18-71)

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15.48.180 Effect of stay order—Exceptions.

Upon the issuance of a stay order, no permit shall be given for the demolition or exterior alteration of any structure or the interior arrangement of a public building described in such stay order and any such permit previously issued shall forthwith be revoke subject to any legal constraints that may exist; provided, however, that a stay order shall not prevent the performance of an repairs, demolition, or removal necessary for the protection of public health or safety, and ordered by the chief building official of the city to be performed by the owner or occupier of such structure.
(Prior code § 18-72)

15.48.190 Approval required.

No person may undertake any of the following within or upon a class 1 historic site without a certificate of approval from the planning commission:

A. Construction of a new structure.

B. The moving, demolition or alteration of an existing structure in any manner which affects the exterior appearance of the structure.

C. A change in land use which affects the exterior appearance of a structure or the interior arrangement of public buildings.

D. The erection, remodeling or replacing of a sign which affects the exterior appearance of a structure. (Prior code § 18-73)

15.48.200 Application for permit to construct or alter structures.

A person who desires to construct (including new construction), alter, move or demolish a structure within or upon a class 1 historic site or an historic district shall file an application upon a form prescribed by the city. The application shall include all necessary information required by the rules of the planning commission. When the application is filed, it shall be referred to the planning commission for review at its next meeting. (Prior code § 18-74)

15.48.210 Factors to be considered upon permit application.

In reviewing and acting upon each application, the planning commission shall consider:

A. The historic value and significance, or the architectural value and significance or both, of the structure and its relation to the historic value of the surrounding area.

B. The relationship of the exterior architectural features of any structure to the rest of the structure itself and to the surrounding area.

C. The general compatibility of exterior design, arrangement, texture and material which is proposed by the applicant.

D. Archaeological or ecological significance of the area. (Prior code § 18-75)

Item 23.

Created: 2022-06-06 10:54:59 [EST]
(Supp. No. 24)

15.48.220 Board action restricted to exterior features—Exception.

A. The planning commission shall consider and pass upon only the exterior features of a structure and may not consider the interior arrangement of the structure, except in the case of public buildings. The commission may not disapprove applications except in regard to the considerations set forth in this chapter and in rules and regulations adopted by the planning commission pursuant to this chapter.

B. It is the purpose and intent of this chapter that the planning commission be strict in its judgment or plans for structures considered to have great historic or architectural value. It is also the purpose of this chapter and the intent of the city council that the planning commission be lenient in its judgment of plans for structures which have little or no historic value except for plans which seriously impair the historic or architectural value of surrounding structures or the archaeological or ecological value of surrounding, area. In adopting this chapter the city council does not intend to limit new construction, alteration or repairs to any particular period or architectural style.
(Prior code § 18-76)

15.48.230 Procedure upon permit application.

A. Upon the filing of an application, the secretary of the planning commission shall set the matter for review and shall give notice in accordance with this chapter and the rules of the planning commission. The planning commission shall make its decision within forty-five (45) days from the date the application is filed. If the planning commission fails to act within forty-five (45) days, the application is considered approved unless the applicant and the planning commission agree to an extension of time.

B. At the conclusion of its review, the planning commission shall make its decision and shall file a certificate of approval or certificate of rejection with the building official of the city. No person may do any work upon a structure which is subject to an application until the planning commission has filed its certificate of approval.

If the planning commission files a certificate of rejection, the building or demolition official may not issue a permit for such work.
(Prior code § 18-77)

15.48.240 Special considerations.

A. If an application affects the exterior appearance of a structure or proposes to demolish a structure in a manner which the planning commission considers to be detrimental to the city, the planning commission shall attempt, in cooperation with the owner to arrive at an economically feasible plan for the preservation of the structure.

B. If the planning commission is satisfied that the propose construction or alteration will not materially impair the historic or architectural value of the structure, it shall approve the application.

C. If the planning commission finds that the retention of the structure constitutes a hazard to public safety and the hazard cannot be eliminated by economic means available to the owner, it shall approve the application.

D. The planning commission may approve the application if any of the following circumstances exist:

1. The structure is a deterrent to a major improvement program which substantially benefits the city;

2. Retention of the structure causes an undue hardship to the owner; or

3. Retention of the structure is not in the interest of the majority of the inhabitants of the city.

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E. The planning commission may approve the moving of a structure of historical architectural value as an alternative to demolition.
(Prior code § 18-78)

15.48.250 Limit on number of permit applications.

No application for the same or similar work may be filed within one year after the planning commission has rejected it.
(Prior code § 18-79)

15.48.260 Preexisting building permits.

This chapter does not apply to construction, alteration, moving or demolition of a structure started under a building permit issued before the effective date of this chapter. (Prior code § 18-80)
Chapter 15.52 CONCRETE ON ALKALINE SOIL
Sections:

15.52.010 Purpose.

This chapter is adopted for the general welfare of the property owners of the city in order to prevent the depreciation of property values and the elimination of economic loss to property owners of the city. The high sulfate content of soil materials within the incorporated limits of the city requires that regulations and restrictions, in accordance with this chapter, be created and adopted pertaining to the placement and protection of all concrete placed within the city which will or may come into contact with alkaline soils containing sulfates. (Prior code § 7-76)

15.52.020 Applicability.

The regulations and restrictions of this chapter are placed upon all concrete within the city which comes into contact with alkaline soils containing sulfates.
(Prior code § 7-77)

15.52.030 Elevation—Thickness of slabs.

All concrete floor slabs shall have an elevation at least eight inches above the adjacent finish grade and shall not be less than three and one-half inches in thickness. (Prior code § 7-78)

Item 23.

Created: 2022-06-06 10:54:59 [EST]
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15.52.040 Height of slab above street.

The top of concrete floor slab shall be at least eight inches above the crest of the street or the top of the curb if curbs are in place.
(Prior code § 7-79)

15.52.050 Type of cement.

All concrete used in floor slabs where floor slab is supported by earth or fill of any kind and all concrete used in footings, foundations, curbs, gutters, sidewalks, driveways and walls supporting or retaining earth or fill shall contain only sulfate resistant Type V. Portland cement. Portland cement concrete shall be composed of not less than four hundred seventy (470) pound (five sacks) of Portland cement per cubic yard of concrete, except that any concrete containing an approved water reducing admixture, used in accordance with the manufacturer's recommendations shall contain not less than four hundred eighteen (418) pound (4.5 sacks) of Portland cement per cubic yard of concrete.
(Prior code § 7-80)

15.52.060 Standards for ready-mix concrete.

Ready mixed concrete shall comply with Uniform Building Code Standard No; 26-11-64 based on the specification standards of the American Society for Testing and Materials. (Prior code § 7-81)

15.52.070 Using alkaline fill soil.

Soils or materials which may have an alkali or sulfate content shall not be relocated, placed or used as fill at any location within the city unless a test sample of the soil is first obtained under the direction of the department of building and tests conducted by an approved testing agency indicates that the alkali or sulfate content of the soil sample does not exceed the amount in the natural soil at the location where the fill is to be placed. The director of building may waive the test sample requirements for good cause. (Prior code § 7-82)

15.52.080 Base course required.

A base course shall be provided beneath the concrete floor slab of any structure consisting of at least a four inch thickness of a limited capillarity material. Base course shall be either clean graded gravel or crushed rock.

Material shall pass a two inch sieve and be retained in a one-fourth inch sieve. (Prior code § 7-83)

15.52.090 Expansion protection for slab.

A two-inch layer of dry washed sand shall be placed on top of the base course under of a ten (10) mil thick water-proof membrane. This waterproof membrane shall be placed on top of the base course under all slabs to provide for expansion protection for concrete.

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Created: 2022-06-06 10:54:59 [EST]
(Supp. No. 24)

(Prior code § 7-84)
Chapter 15.53 PROTECTION OF PREFORMED CONCRETE BLOCK

15.53.010 Purpose.

This chapter is adopted for the general welfare and safety of the property owners of the city in order to prevent the depreciation of property values and the elimination of economic loss to property owners of the city and to address the deteriorating block walls which have become a nuisance within the city. The high sulfate and selenium content of soil materials within the incorporated limits of the city requires that regulations and restrictions, in accordance with this chapter, be created and adopted pertaining to the placement and protection of all concrete block placed within the city which will or may come into contact with alkaline soils containing sulfates and selenium.
( Ord. No. 1147 , § 5, 1-22-20)

15.53.020 Applicability.

The regulations and restrictions of this ordinance are placed upon all concrete block walls installed within the city in which the block units come into contact with alkaline soils containing sulfates and selenium. ( Ord. No. 1147 , § 5, 1-22-20)

15.53.030 Findings.

High sulfate and selenium content contained within soil within the Coachella city limits has eroded the low plasticity cement contained within concrete block units (CMU) and decomposed this block down to its aggregate content (ruble). This process has left the concrete block unable to maintain compressive strength and has reduced it to a pile of sand. These elements were deposited into the Coachella Valley soil during the cretaceous era by biological sedimentation and naturally break down the soil and clays here into sand and small sized gravel. ( Ord. No. 1147 , § 5, 1-22-20)

15.53.040 Financial considerations.

The below requirement places a minimal financial burden on homeowners and contractors proposing the construction of block walls within the city jurisdiction and represents approximately one dollar ($1.00) to two dollars ($2.00) of added cost per linear foot of CMU construction. This financial consideration must be taken into account in the approval of this ordinance.
( Ord. No. 1147 , § 5, 1-22-20)

15.53.050 Requirement.

All concrete block used within the city of Coachella, to construct retaining, freestanding separation, block fence and structural walls within the city jurisdiction shall be protected from sulfate and selenium erosion by use of rubberized, polymer or asphalt membrane which render the block contents impervious to water and deleterious soil elements. All walls will have added membrane protection from the top of the footing up to a level of eight

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inches above finished soil grade without interruption, including motor and head joints. Membrane shall consist of the liquid applied, surface bonding type, no preformed membrane papers will be allowed. ( Ord. No. 1147 , § 5, 1-22-20)

15.53.060 Standards for membrane material.

Membrane material installed on walls within the city jurisdiction shall comply with California building code requirements contained in CBC 1805.3 and shall be of a type suitable for use with the type of preformed blocks applied to.
( Ord. No. 1147 , § 5, 1-22-20)
Chapter 15.54 RECYCLING AND DIVERSION OF WASTE FROM CONSTRUCTION

AND DEMOLITION
Sections:

15.54.010 Findings and purpose.

The city council of the city of Coachella hereby finds and determines that the city is committed to protecting the public health, safety, welfare, and environment; that in order to meet these goals, it is necessary that the city promote the reduction of solid waste and reduce the stream of solid waste going to landfills; that under California law, as embodied in the California Waste Management Act (California Public Resources Code Section 40000 et seq.), Coachella is required to prepare, adopt, and implement source reduction and recycling elements to reach reduction goals, and is required to make substantial reductions in the volume of waste materials going to landfill, under the threat of penalties of ten thousand dollars ($10,000.00) per day; that waste from demolition and construction of commercial and residential buildings represents a large portion of the volume presently coming from Coachella, and that a percentage of that waste is particularly suitable for recycling; that Coachella's commitment to the reduction of waste and to compliance with state law requires the establishment of programs for recycling and salvaging construction and demolition materials; that the city council recognizes that requiring demolition and construction waste to be recycled and reused may in some respects add modestly to the cost of demolition and construction and in other respects may make possible some cost recovery and cost reduction; and that it is necessary in order to protect the public health, safety, and welfare that the following regulations be adopted.
(Ord. 930 § 2 (part), 2005)

15.54.020 Definitions.
"Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the city for the applicable permits to undertake any construction, demolition, or renovation project within the city.
"City-owned projects" means construction, demolition, addition, alteration, and remodel projects that are city-owned and are not described by Section 15.54.050 of this chapter as exemptions. "Compliance official" means a person designated by the city to evaluate C&D waste plans, track project progress, and determine return and forfeiture of securities.

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"Construction" means all building, landscaping, remodeling, addition, removal or destruction involving the use or disposal of designated recyclable and reusable materials as defined in Section 15.54.030 of this chapter. "Construction and demolition (C&D) waste" means and includes the waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings and other structures.

C&D waste includes the following items that meet the above criteria:

1. Components of the building or structure that is the subject of the construction work including, but not limited to, lumber and wood, gypsum wallboard, glass, metal, roofing material, tile, carpeting and floor coverings, window coverings, plastic pipe, concrete, fully cured asphalt, heating, ventilating, and air conditioning systems and their components, lighting fixtures, appliances, equipment, furnishings, and fixtures;

2. Tools and building materials consumed or partially consumed in the course of the construction work including material generated at construction trailers, such as blueprints, plans, and other similar wastes;

3. Cardboard and other packaging materials derived from materials installed in or applied to the building or structure or from tools and equipment used in the course of the construction work; and

4. Plant materials resulting from construction work when commingled with dirt, rock, inert debris or C&D waste.
"Construction and demolition waste plan (C&D waste plan)" means a completed C&D waste form, approved by the city for the purpose of compliance with this chapter, submitted by the applicant for any covered project. "Contractor" means any person or entity holding, or required to hold, a contractor's license of any type under the laws of the state of California, or who performs (whether as contractor, subcontractor or owner-builder) any construction, demolition, remodeling, or landscaping relating to buildings or accessory structures in the city of Coachella.
"Conversion rate" means the rate set forth in the standardized Conversion Rate Table approved by the city pursuant to this chapter for use in estimating the volume or weight of materials identified in a C&D waste plan. "Covered projects" means all construction, demolition, addition, alteration, and remodel projects within the city requiring a building permit.
"Demolition" means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior. "Diversion requirement" means the diversion of at least fifty (50) percent of the total C&D waste generated by a project via reuse or recycling, unless the applicant has been granted an exemption pursuant to Section

15.54.050 of this chapter, in which case the diversion requirement shall be the maximum feasible diversion rate established by the compliance official.
"Divert" means redirection of material that would previously be disposed into the landfill. Appropriate diversion methods include transfer of materials to acceptable recycling facilities, approved on-site reuse techniques, and other waste minimization methods approved by the compliance official. "Exempt" means projects that are described by the criteria outlined in Section 15.54.050 of this chapter are considered exempt.
"Large project" means projects that are forty (40) or more homes under a subdivision or a specific plan constructing one hundred thousand (100,000) square feet or more.

Item 23.

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"Mixed waste processing facility" means a recycling, composting, materials recovery or reuse facility for which the compliance official has issued a certification pursuant to regulations promulgated by the compliance official.
"Noncovered projects" means projects that are not described by the definition of "covered projects." "Performance security" means a letter of credit, certificate of deposit, or cash and cash equivalents submitted to the city pursuant to Section 15.54.080 of this chapter. "Project" means a building or buildings covered under an individual permit. "Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.
"Recycling facility" means an approved processing facility by city, county, state, or federal government. "Renovation" means any change, addition, or modification to an existing structure. "Residential standards" means standards that apply to the construction of residential development. "Reuse" means further or repeated use of construction or demolition waste. "Salvage" means the controlled removal of construction or demolition waste from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse. (Ord. 930 § 2 (part), 2005)

15.54.030 Designated recyclable and reusable materials.

A. Recyclable and reusable materials include, but are not limited to, the following:

1. Appliances including, but not limited to, stoves, refrigerators, water heaters, air conditioning, and lighting;

2. Cardboard materials;

3. Drywall and plaster materials including drywall, gypsum, and sheetrock;

4. Green waste, which includes tree trimmings, grass, leaves, roots, and palm fronds;

5. Masonry building materials including all products generally used in construction including, but not limited to, concrete, rock, stone, and brick;

6. Metals including ferrous (steel, stainless steel, steel piping, roofing, and flashing) and nonferrous (aluminum, copper, and brass);

7. Paving materials including asphalt, brick, and concrete;

8. Roofing materials including wood shingles as well as asphalt, stone, concrete, metal, and slate-based roofing material;

9. Salvageable materials and structures including, but not limited to, wallboard, doors, windows, fixtures, toilets, sinks, and bathtubs;

10. Wood waste includes any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, CCA pressure-treated, contaminated or painted;

11. Any other construction or demolition debris that is nonhazardous and available for recycling or reuse, including dirt.

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(Ord. 930 § 2 (part), 2005)

15.54.040 Diversion requirements/covered projects requirements.

A. Demolition. Every structure planned for demolition shall be made available for deconstruction, salvage, and recovery prior to demolition. It shall be the responsibility of the owner, the general contractor and all subcontractors to recover the maximum feasible amount of salvageable designated recyclable and reusable materials prior to demolition. Recovered and salvaged designated recyclable and reusable materials from the deconstruction phase shall qualify to be counted in meeting the diversion requirements of this chapter.

Recovered or salvaged materials may be given or sold on the premises, or may be removed to a reuse warehouse facility for storage or sale.

All covered projects must do the following:

1. Meet the diversion requirement of at least fifty (50) percent of all construction waste;

2. Submit a construction and demolition waste plan (on the required forms);

3. Submit a performance security along with the application required for a construction permit. Cityowned projects will not be required to pay the performance security.

B. New Construction. All covered projects must do the following:

1. Meet the diversion requirement of at least fifty (50) percent of all construction waste.

2. Submit a construction and demolition waste plan (on the required forms).

3. Submit a performance security along with the application required for a construction permit. Cityowned projects will not be required to pay the performance security.

C. Every applicant shall submit a properly completed "Recycling and Waste Reduction Form" as prescribed by the city's compliance official, to the building and safety department, as a portion of the building or demolition permit process. The form shall contain an accurate estimate of the tonnage or other specified units of construction and/or demolition waste to be generated from construction and demolition on the site.

Approval of the form as complete and accurate shall be a condition precedent to issuance of any building or demolition permit.
(Ord. 930 § 2 (part), 2005)

15.54.050 Diversion requirement exemptions.

A. Evaluation of the C&D waste plan may determine the following projects exempt:

1. Work for which a building or demolition permit is not required;

2. Roofing projects that do not include tear-off of existing roof;

3. Remodels, alterations, or additions with total area less than five hundred (500) square feet;

4. Work for which only a plumbing, only an electrical, or only a mechanical permit is required;

5. Seismic tie-down projects;

6. Installation of pre-fabricated patio enclosures or accessories such as signs or antennas where no structural building modifications are required;

7. Projects where no structural building modifications are required;

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8. Emergency demolition that is required to protect the public health and safety; and

9. Other projects that the compliance official determines infeasible to comply with the diversion requirement.

B. The compliance official shall determine if the construction project is in compliance with this section. While not required, it shall be encouraged that at least fifty (50) percent of all project-related construction and demolition waste from exempt projects be diverted. The compliance official shall distribute education materials that encourage recycling of construction and demolition waste. (Ord. 930 § 2 (part), 2005)

15.54.060 Mixed waste processing facilities.

A. The compliance official shall issue a certification only if the owner or operator of the facility submits documentation satisfactory to the compliance official:

1. That the facility has obtained all applicable federal, state, and local permits, and is in full compliance with all applicable regulations; and

2. The mixed waste facility shall determine the amount of material landfilled versus diverted and provide the compliance official with tonnage diverted on receipts.

B. The city shall make available to each building permit applicant paying a performance security a current list of mixed waste processing facilities.
(Ord. 930 § 2 (part), 2005)

15.54.070 Construction and demolition waste plan.

A. In conjunction with the building permit applications fee, the applicant shall submit a properly completed C&D waste plan to the compliance official, in a form as prescribed by that official, for one or more building permits issued at the same time. The completed C&D waste plan shall contain the following:

1. The estimated volume or weight of construction and demolition waste that will be disposed;

2. The estimated weight of such materials that can feasibly be diverted via reuse or recycling by material type;

3. The vendor(s) that the applicant proposes to use to service the clean up activities and the markets identified that will be used in recycling or reusing the diverted materials.

The applicant must contract with the city's designated refuse hauler for all refuse removal including, but not limited to, recycling materials.

Because actual material weights are not available in this stage, estimates are used. In estimating the volume or weight of materials as identified in the C&D waste plan, the applicant shall use the standardized conversion rates approved by the city of Coachella for this purpose. Approval of the C&D waste plan as complete and accurate shall be a condition precedent to the issuance of any building or demolition permit. If the applicant calculates the projected feasible diversion rate as described above, and find the rate does not meet the diversion goal, the applicant must then submit information supporting the lower diversion rate. If this documentation is not included, the C&D waste plan shall be deemed incomplete.

B. Evaluation of the C&D waste plan will determine the following:

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1. Approval. No building or demolition permit shall be issued for any covered project unless and until the compliance official has approved the C&D waste plan. The compliance official shall only approve a C&D waste plan if he or she determines that all of the following conditions have been met:
a. The C&D waste plan provides all of the information set forth in this section; b. The C&D waste plan indicates that the diversion requirements of Section 15.54.040 of this chapter are met; and
c. The applicant has submitted an appropriate performance security for the project.

2. Nonapproval. If the compliance official determines that the C&D waste plan is incomplete or fails to indicate that the diversion requirements of Section 15.54.040 of this chapter will be met, he or she shall either:
a. Return the C&D waste plan to the applicant marked "Disapproved," including a statement of reasons, and will notify the building department, which shall then immediately stop processing the building or demolition permit application; or
b. Return the C&D waste plan to the applicant marked "Further Explanation Required." (Ord. 930 § 2 (part), 2005)

15.54.080 Performance security.

A. The applicant for a building or demolition permit shall submit a performance security along with the C&D waste plan. This performance security shall be in the amount of one percent of the building permit valuation, but not greater than one hundred thousand dollars ($100,000.00).

B. For large projects, a one hundred thousand dollars ($100,000.00) performance security will be deposited.

The security may be carried forward to the following phase provided the contractor has met the required diversion requirements. If diversion requirements are not met and a portion or all of the performance security is forfeited, the security must be replenished to meet one hundred thousand dollars ($100,000.00).

The dollar amount to be replenished will be based on the diversion schedule in Section 15.54.130 of this chapter.

C. The applicant shall post performance security in the form of cash, money order, letter of credit, performance or surety bond.
(Ord. 930 § 2 (part), 2005)

15.54.090 Refund of performance security.

A. The compliance official may authorize the refund of any performance security which was erroneously paid or collected.

B. The compliance official may authorize the refund of any performance security when the building permit application is withdrawn or cancelled before any work has begun.

C. The performance security shall be returned, without interest, in total or prorated, upon proof of satisfaction by the compliance official that no less than the required percentage of construction and demolition waste tonnage generated by the covered project has been diverted from disposal and has been recycled or reused.

If a lesser percentage of construction and demolition waste tonnage than is required is diverted, a proportionate share of the deposit shall be returned. The deposit shall be forfeited entirely or to the

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prorated extent that there is a failure to comply with the requirements of this chapter. The city may, by formal resolution, modify the amount of the required security. (Ord. 930 § 2 (part), 2005)

15.54.100 Use of performance security.

A. Monies received by the city as performance security shall be used only for:

1. Payment of performance security refunds;

2. Programs to divert construction, demolition, and alteration projects from the landfill;

3. Programs whose purpose is to develop or improve the infrastructure needed to divert wastes from construction, demolition, and alteration projects from landfill disposal;

4. Allocated staff costs.
(Ord. 930 § 2 (part), 2005)

15.54.110 Reporting.

A. To the extent practical, all construction and demolition waste shall be weighed in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition waste for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used.

For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates approved by the city for this purpose.

B. Throughout the duration of the project, the applicant is required to submit documentation to the compliance official that proves compliance with the requirements of Sections 15.54.040 and 15.54.070 of this chapter.

The documentation shall consist of monthly updates showing waste tonnage data, total tonnage, tonnage diverted, and tonnage landfilled supported by original or certified photocopies of receipts and weight tags or other records of measurement from recycling companies, deconstruction contractors, and/or landfill and disposal companies. Receipts and weight tags will be used to verify whether waste generated from the covered project has been or is being recycled, reused, salvaged or disposed. The applicant shall make reasonable efforts to ensure that all designated recyclable and reuse waste salvaged or disposed are measured and recorded using the most accurate method of measurement available. If the applicant fails to complete this requirement, the building inspector or compliance official will consider placing a stop work order on the project or covered project to ensure compliance with this section.

C. Within sixty (60) days following the completion of the demolition of a covered project (if applicable), and again within sixty (60) days following the final inspection of the project, the applicant shall submit documentation to the compliance official that proves compliance with the requirements of Sections

15.54.040 and 15.54.070 of this chapter. The documentation shall consist of a final completed C&D waste plan showing actual waste tonnage data, supported by original or certified photocopies of receipts and weight tags or other records of measurement from recycling companies, deconstruction contractors, and/or landfill and disposal companies. Receipts and weight tags will be used to verify whether waste generated from the covered project has been or is to be recycled, reused, salvaged, or disposed. The applicant shall make reasonable efforts to ensure that all designated recyclable and reuse waste salvaged or disposed are measured and recorded using the most accurate method of measurement available. If the applicant fails to comply with this requirement, the performance security will be forfeited. (Ord. 930 § 2 (part), 2005)

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15.54.120 Forfeiture of performance security.

A. If the compliance official determines that the applicant has not made a good faith effort to comply with this chapter, or if the applicant fails to submit the documentation required by Sections 15.54.070, 15.54.110, and

15.54.130 of this chapter within the sixty (60)-day time period, then the deposit shall be forfeited to the city.

B. If it has been determined through the monthly progress of submitted documentation that the project is failing to meet the criteria of Section 15.54.040 of this chapter, the city reserves the right to hire appropriate assistance necessary for the project to achieve compliance. If this occurs, the applicant will be held liable for the costs associated with compliance.

C. If the compliance official determines that the applicant has diverted a lesser percentage of construction and demolition waste tonnage than required, the deposit shall be forfeited entirely or to the prorated extent that there is failure of compliance.
(Ord. 930 § 2 (part), 2005)

15.54.130 Compliance and release of performance security.

The compliance official shall review the information submitted under Section 15.54.110 of this chapter and determine whether the applicant has complied with the diversion requirement as follows:

A. Full Compliance. If the compliance official determines that the applicant has fully complied with the diversion requirement applicable to the project, the compliance official shall cause the performance security to be returned in full, without interest, within fifteen (15) days.

B. Partial Compliance. If the contractor is not found in compliance but has submitted required forms and documentation, the city may refund a percentage of the deposit for partial compliance. See schedule in this subsection to determine the amount of the security to be refunded based on the level of diversion obtained and supported.
% Diverted % Deposit Returned
50% 100%
40—49% 80%
30—39% 60%
20—29% 40%
10—19% 20%
Under 10% 0%
C. Noncompliance. If the compliance official determines that the applicant has not fully or partially complied with the diversion requirement, or if the applicant fails to submit the documentation required by Section

15.54.110 of this chapter within the sixty (60)-day time period, then the performance security shall be forfeited to the city.
(Ord. 930 § 2 (part), 2005)

15.54.140 Appeal/administrative appeal.

A. Any decision of a code compliance officer made under Section 15.54.130 of this chapter may be appealed under the procedure set forth in Chapter 3.28 of this code.

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(Ord. 930 § 2 (part), 2005)

15.54.150 Option to revise.

Annually, the city will evaluate the Recycling and Diversion of Construction and Demolition Waste Ordinance to determine its effectiveness in reducing the amount of C&D waste disposed. In making this determination, the city will consider issues such as the amount of C&D waste disposed, volume of C&D activity, markets for C&D waste, and other barriers encountered by applicants. If the city determines the C&D disposed had the potential for diversion, then the city may amend these provisions and implement the necessary measures to divert more C&D waste.
(Ord. 930 § 2 (part), 2005)

15.54.160 Violation as a public nuisance.

A violation of any provision of this chapter shall be a public nuisance subject to the enforcement provisions of Title 3 of this code.
(Ord. 930 § 2 (part), 2005)

15.54.170 Misdemeanor violation.

A violation of any provision of this chapter shall be a misdemeanor and shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for no more than one year, or both. (Ord. 930 § 2 (part, 2005)
Chapter 15.56 FLOODPLAIN MANAGEMENT*
Sections:

Article I Statutory Authorization, Findings of Fact, Purpose and Methods

15.56.010 Statutory authorization.

The legislature of the state of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city of Coachella of the county of Riverside does hereby adopt the following floodplain management regulations.
(Ord. 1005 § 2 (part), 2008: Ord. 1002 § 2 (part), 2008)

15.56.020 Findings of fact.

A. The flood hazard areas of Coachella Valley are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

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B. These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contributes to flood losses.
(Ord. 1005 § 2 (part), 2008: Ord. 1002 § 2 (part), 2008)

15.56.030 Statement of purpose.

It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the community to all publicly and privately owned land within flood prone, mudslide (i.e., mudflow) or flood related erosion areas. These regulations are designed to:

A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control projects; C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard; F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage; G. Ensure that potential buyers are notified that property is in an area of special flood hazard; and H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. 1005 § 2 (part), 2008: Ord. 1002 § 2 (part), 2008)

15.56.040 Methods of reducing flood losses.

In order to accomplish its purposes, this chapter includes regulations to:

A. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
C. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
D. Control filling, grading, dredging, and other development which may increase flood damage; E. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.
(Ord. 1005 § 2 (part), 2008: Ord. 1002 § 2 (part), 2008) Article II Definitions

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15.56.050 Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

A Zone. See "Special flood hazard area."
"Accessory structure" means a structure that is either:

1. Solely for the parking of no more than two cars; or

2. A small, low cost shed for limited storage, less than one hundred fifty (150) square feet and one thousand five hundred dollars ($1,500.00) in value.
"Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
"Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration. "Apex" means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. "Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter.
"Area of shallow flooding" means a designated AO or AH zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of Special Flood Hazard. See "Special flood hazard area." "Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "one hundred (100) year flood"). Base flood is the term used throughout this chapter. "Base flood elevation (BFE)" means the elevation shown on the flood insurance rate map for zones AE, AH, A1-30, VE and V1-V30 that indicates the water surface elevation resulting from a flood that has a one percent or greater chance of being equaled or exceeded in any given year. "Basement" means any area of the building having its floor subgrade - i.e., below ground level - on all sides.

Building. See "Structure."
"Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
"Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.
"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before August 19, 1980.

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"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
"Flood," "flooding," or "floodwater" means:

1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and

2. The condition resulting from flood-related erosion.
"Flood boundary and floodway map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.
"Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
"Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood.
"Floodplain" or "flood-prone area" means any land area susceptible to being inundated by water from any source - see "Flooding."
"Floodplain administrator" is the community official designated by title to administer and enforce the floodplain management regulations.
"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
"Floodplain management regulations" means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.
"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93.
"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "Regulatory Floodway." "Floodway fringe" is that area of the floodplain on either side of the "Regulatory Floodway" where encroachment may be permitted.
"Fraud and victimization" as related to Article VI of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty (50) to one hundred years (100). Buildings that are permitted to be constructed below the base flood

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elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities. "Governing body" is the local governing unit, i.e., county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry. "Hardship" as related to Article VI of this chapter means the exceptional hardship that would result from a failure to grant the requested variance. The city council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
"Historic structure" means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs. "Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.
"Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.
"Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "Basement" definition).

1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to:
a. The flood openings standard in Section 15.56.170(C)(3);

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b. The anchoring standards in Section 15.56.170(A);
c. The construction materials and methods standards in Section 15.56.170(B); and d. The standards for utilities in Section 15.56.180.

2. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below-grade garages and storage areas.
"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
"Market value" is defined in the county of Riverside substantial damage/improvement procedures. See Section 15.56.140(B)(1).
"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced. "New construction," for floodplain management purposes, means structures for which the "start of construction" commenced on or after August 19, 1980, and includes any subsequent improvements to such structures.
"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after August 19, 1980. "Obstruction" means and includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. "One Hundred (100) Year Flood. See "Base flood."
"Program deficiency" means a defect in a community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations. "Public safety and nuisance" as related to Article VI of this chapter, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. "Recreational vehicle" means a vehicle which is:

1. Built on a single chassis;

2. Four hundred (400) square feet or less when measured at the largest horizontal projection;

3. Designed to be self-propelled or permanently towable by a light-duty truck; and

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

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"Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
"Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. "Sheet Flow Area." See "Area of shallow flooding."
"Special flood hazard area (SFHA)" means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as zone A, AO, A1-A30, AE, A99, or AH. "Start of construction" means and includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.
"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.
"Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."
"Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. "Violation" means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

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"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
(Ord. 1005 § 2 (part), 2008: Ord. 1002 § 2 (part), 2008) Article III General Provisions

15.56.060 Lands to which this chapter applies.

This chapter shall apply to all areas of special flood hazards within the jurisdiction of city of Coachella. (Ord. 1005 § 2 (part), 2008: Ord. 1002 § 2 (part), 2008)

15.56.070 Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study (FIS) for Riverside County, California Unincorporated Areas" dated August 18, 2003, with accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), dated August 18, 2003, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city council by the floodplain administrator. The study, FIRMs and FBFMs are on file at 1515 Sixth Street, City of Coachella, California City Engineers Office.
(Ord. 1005 § 2 (part), 2008: Ord. 1002 § 2 (part), 2008)

15.56.080 Compliance.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the city council from taking such lawful action as is necessary to prevent or remedy any violation. (Ord. 1005 § 2 (part), 2008: Ord. 1002 § 2 (part), 2008)

15.56.090 Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 1005 § 2 (part), 2008: Ord. 1002 § 2 (part), 2008)

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15.56.100 Interpretation.

In the interpretation and application of this chapter, all provisions shall be:

A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 1005 § 2 (part), 2008: Ord. 1002 § 2 (part), 2008)

15.56.110 Warning and disclaimer of liability.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of city council, any officer or employee thereof, the state of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
(Ord. 1005 § 2 (part), 2008: Ord. 1002 § 2 (part), 2008)

15.56.120 Severability.

This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. (Ord. 1005 § 2 (part), 2008: Ord. 1002 § 2 (part), 2008) Article IV Administration

15.56.130 Designation of the floodplain administrator.

The director of public works is appointed to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions. (Ord. 1005 § 2 (part), 2008: Ord. 1002 § 2 (part), 2008)

15.56.140 Duties and responsibilities of the floodplain administrator.

The duties and responsibilities of the floodplain administrator shall include, but not be limited to the following:

A. Permit Review. Review all development permits to determine:

1. Permit requirements of this chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures;

2. All other required state and federal permits have been obtained;

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3. The site is reasonably safe from flooding;

4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the city of Coachella; and

5. All letters of map revision (LOMR's) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

B. Development of Substantial Improvement and Substantial Damage Procedures.

1. Using FEMA publication FEMA 213, "Answers to Questions About Substantially Damaged Buildings," develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining "Market Value."

2. Assure procedures are coordinated with other departments/divisions and implemented by community staff.

C. Review, Use and Development of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 15.56.070, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Article V.

NOTE: A base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas—A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995.

D. Notification of Other Agencies.

1. Alteration or Relocation of a Watercourse.
a. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;
b. Submit evidence of such notification to the Federal Emergency Management Agency; and c. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

2. Base Flood Elevation Changes Due to Physical Alterations. a. Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR). b. All LOMR's for flood control projects are approved prior to the issuance of building permits.

Building permits must not be issued based on conditional letters of map revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

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3. Changes in Corporate Boundaries. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.

E. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

1. Certification required by Sections 15.56.170(C)(1) and 15.56.200 (lowest floor elevations);

2. Certification required by Section 15.56.170(C)(2) (elevation or floodproofing of nonresidential structures);

3. Certification required by Sections 15.56.170(C)(3) (wet floodproofing standard);

4. Certification of elevation required by Section 15.56.190(A)(3) (subdivisions and other proposed development standards);

5. Certification required by Section 15.56.220(B) (floodway encroachments); and

6. Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

F. Map Determination. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 15.56.160.

F. Remedial Action. Take action to remedy violations of this chapter as specified in Section 15.56.080.

G. Biennial Report. Complete and submit Biennial Report to FEMA.

H. Planning. Assure community's general plan is consistent with floodplain management objectives herein.
(Ord. 1005 § 2 (part), 2008: Ord. 1002 § 2 (part), 2008)

15.56.150 Development permit.

A development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in Section 15.56.070. Application for a development permit shall be made on forms furnished by the city of Coachella. The applicant shall provide the following minimum information:

A. Plans in duplicate, drawn to scale, showing:

1. Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location;

2. Proposed locations of water supply, sanitary sewer, and other utilities;

3. Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;

4. Location of the regulatory floodway when applicable;

5. Base flood elevation information as specified in Section 15.56.070 or 15.56.140;

6. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and

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7. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 15.56.170(C)(2) of this chapter and detailed in FEMA Technical Bulletin TB 3-93.

B. Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in Section 15.56.170(C)(2).

C. For a crawl-space foundation, location and total net area of foundation openings as required in Section

15.56.170(C)(3) of this chapter and detailed in FEMA Technical Bulletins 1-93 and 7-93.

D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

E. All appropriate certifications listed in Section 15.56.140(E) of this chapter. (Ord. 1005 § 2 (part), 2008: Ord. 1002 § 2 (part), 2008)

15.56.160 Appeals.

The city council of the city of Coachella shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter.
(Ord. 1005 § 2 (part), 2008: Ord. 1002 § 2 (part), 2008) Article V Provisions for Flood Hazard Reduction

15.56.170 Standards of construction.

In all areas of special flood hazards the following standards are required:

A. Anchoring. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

B. Construction Materials and Methods. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed:

1. With flood resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation;

2. Using methods and practices that minimize flood damage;

3. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and

4. Within zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

C. Elevation and Floodproofing.

1. Residential Construction. All new construction or substantial improvements of residential structures shall have the lowest floor, including basement:
a. In AE, AH, A1-30 zones, elevated two feet above the base flood elevation.

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b. In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two feet above the highest adjacent grade if no depth number is specified. c. In an A zone, without BFE's specified on the FIRM (unnumbered A zone), elevated two feet above base flood elevation; as determined under Section 15.56.140(C).

Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

2. Nonresidential Construction. All new construction or substantial improvements of nonresidential structures shall either be elevated to conform with subsection (C)(1) of this section or:
a. Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under subsection (C)(1) of this section, so that the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
c. Be certified by a registered civil engineer or architect that the standards of subsections (C)(2)(a) and (C)(2)(b) of this section are satisfied. Such certification shall be provided to the floodplain administrator.

3. Flood Openings. All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet the following minimum criteria:
a. For non-engineered openings:
i. Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
ii. The bottom of all openings shall be no higher than one foot above grade; iii. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; and
iv. Buildings with more than one enclosed area must have openings on exterior walls for each area to allow floodwater to directly enter; or b. Be certified by a registered civil engineer or architect.

4. Manufactured Homes.
a. See Section 15.56.200.

5. Garages and Low Cost Accessory Structures.
a. Attached Garages.
i. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of

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floodwaters. See Section 15.56.170(C)(3). Areas of the garage below the BFE must be constructed with flood resistant materials. See Section 15.56.170(B). ii. A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB-6.
b. Detached garages and accessory structures.

1. "Accessory structures" used solely for parking (two car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section

15.56.050, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:
i. Use of the accessory structure must be limited to parking or limited storage;
ii. The portions of the accessory structure located below the BFE must be built using flood-resistant materials;
iii. The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement;
iv. Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE;
v. The accessory structure must comply with floodplain encroachment provisions in Section 15.56.200; and
vi. The accessory structure must be designed to allow for the automatic entry of floodwaters in accordance with Section 15.56.170(C)(3).

2. Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in Section

15.56.170.
(Ord. 1005 § 2 (part), 2008: Ord. 1002 § 2 (part), 2008)

15.56.180 Standards for utilities.

A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

1. Infiltration of floodwaters into the systems; and

2. Discharge from the systems into floodwaters.

B. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.
(Ord. 1005 § 2 (part), 2008: Ord. 1002 § 2 (part), 2008)

15.56.190 Standards for subdivisions and other proposed development.

A. All new subdivisions proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than fifty (50) lots or five acres, whichever is the lesser, shall:

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1. Identify the special flood hazard areas (SFHA) and base flood elevations (BFE);

2. Identify the elevations of lowest floors of all proposed structures and pads on the final plans;

3. If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a letter of map revision based on fill (LOMR-F) to the floodplain administrator:
a. Lowest floor elevation,
b. Pad elevation,
c. Lowest adjacent grade.

B. All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.

C. All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

D. All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards.
(Ord. 1005 § 2 (part), 2008: Ord. 1002 § 2 (part), 2008)

15.56.200 Standards for manufactured homes.

A. All manufactured homes that are placed or substantially improved, on sites located: (1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; (3) in an expansion to an existing manufactured home park or subdivision; or (4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall:

1. Within zones A1-30, AH, and AE on the community's flood insurance rate map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH, and AE on the community's flood insurance rate map that are not subject to the provisions of Section 15.56.200(A) will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:

1. Lowest floor of the manufactured home is at or above the base flood elevation; or

2. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade.

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator. (Ord. 1005 § 2 (part), 2008: Ord. 1002 § 2 (part), 2008)

15.56.210 Standards for recreational vehicles.

A. All recreational vehicles placed in zones A1-30, AH, and AE will either: