Desert Hot Springs City Council
November 18, 2025

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City of Desert Hot Springs
AGENDA

REGULAR MEETING OF THE CITY COUNCIL
and the City Council Serving as the Successor Agency to the Former Redevelopment Agency Board
Tuesday, November 18, 2025
5:30 PM - Closed Session
6:00 PM - Regular Session
Council Chambers/City Hall
11-999 Palm Drive
Desert Hot Springs, California, 92240

Page
CLOSED SESSION - 5:30 P.M.

CALL TO ORDER

ROLL CALL

PUBLIC COMMENTS
At this time, item(s) on the Closed Session agenda may be discussed during Public Comments. PLEASE STATE YOUR NAME FOR THE RECORD.

CLOSED SESSION:

1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (Balyan et al. v. City of Desert Hot Springs et al., Riverside County Case No. CVPS2508140)

2. CONFERENCE WITH LEGAL COUNSEL INVOLVING THE CITY AS A

MEMBER OF A JOINT POWERS AUTHORITY (JPA)
Pursuant to California Government Code, Section 54956.96 Discussion will concern: Information received in Closed Session of the JPA
RECESS
REGULAR SESSION - 6:00 P.M.

CALL TO ORDER

ROLL CALL

INVOCATION

PLEDGE OF ALLEGIANCE

CITY ATTORNEY REPORT ON CLOSED SESSION

APPROVAL OF AGENDA
At this time the City Council may amend the order of the agenda, approve the Consent Calendar, remove items from the Consent Calendar for separate discussion and action, and add Urgency Items.

Urgency Items ("Added Starters"): The Brown Act, which governs public meetings, permits the City Council to take action on any item that does not appear on the agenda only if 2/3 of the City Council (if all are present) or all members of the City Council (if fewer than all members are present) determine there is a need to take immediate action on the item, and the need to take immediate action came to the City Council's attention after the agenda was posted.

PUBLIC COMMENTS
At this time, pursuant to the Brown Act, any person may comment on matters of general interest within the subject matter jurisdiction of the City Council, NOT listed on the agenda. Under the Brown Act, the City Council should not take action on or discuss matters raised during Public Comment portion of the agenda that are not listed on the agenda.

Comments are limited to the first ten (10) speakers at three (3) minutes per speaker. Speakers may not yield their time to others without consent of the Mayor. All comments are to be directed to the City Council and shall be devoid of any personal attacks. Members of the public are expected to maintain a professional, courteous decorum during public comments.

Please complete and submit a "speaker card" to the City Clerk. You will be asked to STATE YOUR NAME AND CITY OF RESIDENCE FOR THE RECORD.

CITY MANAGER REPORT

MAYOR AND COUNCIL MEMBER REPORTS

CONFLICT OF INTEREST & LEVINE ACT DISCLOSURES
PUBLIC HEARINGS:

3. Adoption and Amendments of the 2025 Fire Code and the WildlandUrban Interface Code Travis Clark, Community Development Director
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from City Council;
3) Open the Public Hearing;
4) Take public testimony of those in favor;
5) Take public testimony of those in opposition;
6) Take public testimony of those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Introduce for first reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs amending Title 15 “Buildings and Construction” of the Desert Hot Springs Municipal Code to adopt the 7 - 92

2025 edition of the California Fire Code, California Wildland-Urban Interface Code and to adopt local revisions to those Codes with selected appendices and amendments."
Staff Report - SR-25-252 - Pdf
ADMINISTRATIVE CALENDAR:

4. Award Professional Services Agreement for the Engineering Design of Bridges Over Water Project
Daniel Porras, Deputy City Manager
Recommendation:

Authorize the City Manager to negotiate and executed a Professional Services Agreement between the City of Desert Hot Springs and NV5, Inc. for the design of the Bridges Over Water Project in an amount not to exceed $1,025,884.00 with a contingency of $102,588.40 (10%) for additional work approved by the City, which brings a total design budget of $1,128,472.40.

Staff Report - SR-25-262 - Pdf
93 - 205

5. FY2024-2025 Year-End Budget Adjustments
Geoffrey Buchheim, Administrative Services Director
Recommendation:

Adopt a Resolution of the City Council approving the Fiscal Year 2024- 2025 Consolidated General Fund, Capital Improvement Plan and Other Funds' Year-End Budget Adjustments.

Staff Report - SR-25-261 - Pdf
207 - 213

6. An Ordinance Amending Chapter 1.10 "City Seal and Insignias" of the Desert Hot Springs Municipal Code
Jerryl Soriano, City Clerk
Recommendation:

Introduce for first reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs amending Chapter 1.10 "City Seal and Insignias" of the Desert Hot Springs Municipal Code." Staff Report - SR-25-259 - Pdf
215 - 219
CONSENT CALENDAR:

Matters on the "Consent Calendar" are considered routine and may be acted upon by one motion under "Approval of the Agenda." Individual items may also be removed by the City Council for separate discussion under "Approval of the Agenda." The title is deemed to be read and further reading waived on any ordinance listed on the Consent Calendar for second reading and adoption.

7. Award Professional Services Agreement for CalRecycle SB1383 Organic Waste Reduction (OWR) Project, City Project # 2014 Daniel Porras, Deputy City Manager
Recommendation:
221 - 295

1) Award Professional Services Agreement for the CalRecycle SB 1383 Organic Waste Reduction (OWR) Project, City Project No. 2014, to HF&H Consultants, LLC; and
2) Authorize the City Manager to negotiate and execute the Professional Services Agreement with HF&H Consultants, LLC for an amount not to exceed $92,533.00 for consulting SB 1383 Solid Waste Consulting Services.

Staff Report - SR-25-260 - Pdf

8. Second Reading and Adoption of 2025 Building Codes Including Updates to the International Property Maintenance Code
Jerryl Soriano, City Clerk
Recommendation:

Approve second reading, read by title only and adopt: "An Ordinance of the City Council of the City of Desert Hot Springs amending Title 15 “Buildings and Construction” of the Desert Hot Springs Municipal Code to adopt the 2025 edition of the California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Energy Code, California Historical Building Code, California Existing Building Code, California Green Building Standards Code, California Referenced Standards Code, International Property Maintenance Code, and to adopt local revisions to those Codes with selected appendices and amendments."
Staff Report - SR-25-263 - Pdf
297 - 317

9. Payment Register and City Council Expenditures for the Period of October 1, 2025 to October 31, 2025
Geoffrey Buchheim, Administrative Services Director
Recommendation:

Receive and file.

Staff Report - SR-25-258 - Pdf
319 - 485

PUBLIC COMMENTS
Opportunity is given to those members of the public who have NOT addressed the City Council on an item which is NOT on the agenda. Comments are limited to three (3) minutes per speaker. PLEASE STATE YOUR NAME AND CITY OF RESIDENCE FOR THE RECORD.

ADJOURN

UPCOMING MEETING DATES
*Please refer to the City website calendar at www.cityofdhs.org for meeting locations and the most up to date information.

December 2 City Council Regular Meeting 6:00 p.m.

December 9 Planning Commission 6:00 p.m.

December 11 Public Safety Commission 6:00 p.m.

December 16 City Council Regular Meeting DARK

________________________________________________________________________________

NOTICES
In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the Office of the City Clerk at City Hall during normal business hours at 11999 Palm Drive, Desert Hot Springs, CA 92240.

If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda at 11999 Palm Drive, Desert Hot Springs, CA 92240.

Americans with Disabilities Act
In an effort to comply with the requirements of Title 2 of the Americans with Disabilities Act of 1990, the City of Desert Hot Springs requires that any person in need of any type of special equipment, assistance, or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting to enable the City to make reasonable arrangements.

Disclosure of Campaign Contributions (Levine Act - Government Code Section 84308) Pursuant to Government Code section 84308, members of the City Council are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid contracts, labor contracts, or personal employment contracts with City employees), franchises, discretionary land use permits and other entitlements if the Councilmember received more than $500 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City’s decision on the agenda item in the previous 12 months. Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $500 to a Councilmember in the previous 12 months are required to disclose that fact for the official record of the subject agenda item and shall not make, participate in making, or in any way attempt to use their official position to influence the subject agenda item. Disclosures must include the amount of the campaign contribution and identify the recipient persons and may be made either in writing to the City Clerk prior to the subject hearing or by verbal disclosure at the time of the hearing.

SR-25-252
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: November 18, 2025
Department: Community Development
Prepared by: Travis Clark, Community Development Director Subject: Adoption and Amendments of the 2025 Fire Code and the Wildland-Urban Interface Code
RECOMMENDATION:
1) Staff Report;
2) Entertain questions of Staff from City Council;
3) Open the Public Hearing;
4) Take public testimony of those in favor;
5) Take public testimony of those in opposition;
6) Take public testimony of those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Introduce for first reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs amending Title 15 “Buildings and Construction” of the Desert Hot Springs Municipal Code to adopt the 2025 edition of the California Fire Code, California Wildland-Urban Interface Code and to adopt local revisions to those Codes with selected appendices and amendments."
BACKGROUND:

The California Building Standards Code (“BSC”), which is set forth in Title 24 of the California Code of Regulations, is a compilation of building standards, including the California Fire Code and the new Part 7 Wildland-Urban Interface Code – which is a reorder and compilation of existing code requirements on this topic. Each of these codes are based on corresponding national or uniform model code standards.

The BSC is updated by the State of California on a triennial basis, and the 2025 edition of the BSC was published on July 1, 2025, with an effective date of January 1, 2026. The BSC applies throughout California, and each “Part” of the BSC constitutes a separate California Code. The City may adopt the BSC along with amendments, provided the amendments are based on findings that the amendments are necessary due to local climatic, topographic or geological conditions (Cal.

Health & Safety Code §§ 17958, 17958.5, 17958.7, 18941.5.).

Amendments are not effective until a copy of the findings, together with the amendments that are expressly marked and identified, are filed with the California Building Standards Commission (Cal Health & Safety Code §§17958.7, 18941.5).

Item Number: 3.

SR-25-252
If the City does not make amendments to the BSC, its provisions, without amendment, will become applicable to the City and will become effective 180 days after publication by the California Building Standards Commission (Cal. Health & Safety Code §17958).

Title 15 of the Desert Hot Springs Municipal Code (DHSMC) currently references the 2022 edition of the Fire Code. The adoption of the most recent 2025 building codes will update the Municipal Code and ensure that all building life safety measures and standards are implemented.

DISCUSSION:

What's New
Fire Code
 Clarified the required separation of secondary access when conditioned for a new subdivision or parcel development.
 Reorganized and added to the existing amendments in CFC 903.2 for requirements and exceptions for fire sprinkler systems. (Consistent throughout the county and partner cities).  For consistency throughout the county, added requirements for monitoring of new commercial kitchen suppression systems.
 Added compliance requirements for Mobile Food Preparation Vehicles (Food trucks/trailers), specific to the maintenance of the safety systems.
 Clarified and make consistent throughout the county – firework public display safety fallout area minimum compliance dimension.
 Identified need for increased fire flow to fire hydrants for any new subdivision in the WildlandUrban Interface A new Chapter would be created and incorporated into the Title 15, Building and Construction Chapter 15.23 Wildland-Urban Interface Code . This chapter has been created to work in tandem with the Fire Hazard Severity Zone (FHSZ) Maps developed by the State Fire Marshall. A map of the Severity Zones for Desert Hot Springs appears below. A portion of the City has no designation, a larger portion has a designation of "Moderate," and only a very small area in the north part of the City has a designation of "High." It is this "High" Severity Zone that the Wildland-Urban Interface code applies to. This area is partially developed with single-family tract homes. There are some vacant lots in these tracts and a drainage area runs through the center of the area.

Item Number: 3.

SR-25-252
Wildland-Urban Interface Code
 The entire Part 7 of the California Building Standards Code – “Wildland-Urban Interface Code” is a new document consolidating existing code sections and language from multiple sources into one “Part.”
 It is necessary for Desert Hot Springs to minimally adopt the California Wildland-Urban Interface Code (CWUIC).
 Riverside County Fire Department is recommending for consistency throughout the county and partner cities, for Desert Hot Springs to adopt all or majority of the proposed amendments to the CWUIC.
 Following conversations with Desert Hot Springs City Management, the amendments will only affect the state minimum requirements of the High and Very High Fire Hazard Severity Zones – and will not apply to or affect building construction compliance for projects located in the Moderate Fire Hazard Severity Zones.

The City’s Fire Chief and Fire Marshal is recommending adoption of the 2025 edition of the California Fire Code and California Wildland-Urban Interface Code with noted amendments.

In order to adopt the 2025 edition of the BSC, Staff has drafted an ordinance that would make amendments to Title 15, Buildings and Construction of the Desert Hot Springs Municipal Code. If Item Number: 3.

SR-25-252
enacted, these ordinances will take effect on the same date as the 2025 edition of the BSC on January 1, 2026; or within 30 days of adoption (whichever is later).

Fire Code
The following Chapters have been edited to capture the necessary adjustments to and amendments.  Chapter 15.22 Fire Code
 Chapter 15.23 Wildland-Urban Interface Code
The above-referenced codes are being adopted with substantive changes. As a result, findings and justifications are required to make the local amendments. (See attached) FISCAL IMPACT:

None.

ENVIRONMENTAL ANALYSIS:

The adoption of this ordinance is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance in question may have a significant effect on the environment.

ATTACHMENTS:

Fire and WUI Code Ordinance
DHS - 2025 California Fire Code - Strikethroughs and Underlines DHS - 2025 Wildlands Urban-Interface Code - Strikethroughs and Underlines DHS Attachment A - Findings-Justifications
Item Number: 3.

1 ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS AMENDING TITLE 15 “BUILDINGS AND
CONSTRUCTION” OF THE DESERT HOT SPRINGS MUNICIPAL CODE
TO ADOPT THE 2025 EDITION OF THE CALIFORNIA FIRE CODE,

CALIFORNIA WILDLAND-URBAN INTERFACE CODE AND TO ADOPT

LOCAL REVISIONS TO THOSE CODES WITH SELECTED
APPENDICES AND AMENDMENTS.

WHEREAS, the City of Desert Hot Springs (“City”) is a charter city organized pursuant to Article XI of the California Constitution; and WHEREAS, California Health and Safety Code Section 18938 provides that triennial edition of the California Building Standards Code, as adopted by the California Building Standards Commission, shall apply to all occupancies throughout the state of California; and
WHEREAS, pursuant to California Health and Safety Code Section 17922, the California Building Standards Code must be adopted by reference; and WHEREAS, pursuant to California Health and Safety Code Sections 17958.5, 17958.7, and 18941.5, cities and counties may make modifications or changes in the requirements contained in the California Building Standards Code subject to findings that the changes or modifications are reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, the City Council is authorized, pursuant to Section 50022.2 et seq. of the California Government Code, to adopt ordinances and codes of the Federal, State, or any agency by reference in whole or in part, and the primary code may adopt by reference a secondary code in whole or in part; and
WHEREAS, the City Council finds that local amendments of the California Building Standards Code are administrative in nature and not substantive changes that would otherwise require findings based on local climatic, geological, or topographical conditions; and
WHEREAS, the City Council finds that adoption of the California Building Standards Code, as locally amended, is in the best interest of the public health, safety and welfare of the residents of the City; and
WHEREAS, the City Council finds that the adoption of this ordinance is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance in question may have a significant effect on the environment.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Desert Hot Springs as follows:

Item Number: 3.

2 Section 1. RECITALS
That the foregoing recitals are true and correct and are herein adopted by this reference.

Section 2. AMENDMENT OF CHAPTER 15.22 OF TITLE 15
“BUILDINGS AND CONSTRUCTION” OF THE DESERT

HOT SPRINGS MUNICIPAL CODE
Chapter 15.22 (“CALIFORNIA FIRE CODE”) of Title 15 (“Buildings and Construction”) of the Desert Hot Springs Municipal Code is hereby amended to read in its entirety as follows:

Chapter 15.03 Administration

15.22.010 Findings and declarations.

The City Council of the City of Desert Hot Springs does specifically and expressly find and declare that the nature and uniqueness of the local climate, geographical and topographical conditions in the City of Desert Hot Springs does reasonably necessitate and demand specific changes in and variations from the 2025 California Fire Code, which are noted in and made part of this chapter as authorized by California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5.

These conditions result from climatic, geological and topographical conditions. (Ord. 698 11-19-19)

15.22.020 Purpose.

The purpose of this chapter is to facilitate the implementation, administration and enforcement of the 2025 California Fire Code which establish the minimum requirements consistent with nationally recognized good practices to safeguard the public health, safety and general welfare from the hazard of fire, explosion or dangerous conditions in new and existing buildings or structures and premises and to provide safety and assistance to firefighters and emergency responders during emergency operations. (Ord. 698 11-19-19)

15.22.030 Incorporations by reference.

A. Except as stated in this section or as amended in § 15.22.050, all of the provisions and appendices of the 2025 California Fire Code, inclusive of all of the inclusions and exclusions set forth in each chapter's matrix, are hereby adopted and shall apply to the City of Desert Hot Springs. In addition, the following provisions that are excluded in the 2025 California Fire Code are hereby adopted – Chapter 1, Division II of the California Fire Code is hereby adopted, (except that Sections 103.2 and 112.3 are not adopted); and Chapters 3, 25, and Sections 503, 510.2, 1103.2 and 5707 are adopted.

Item Number: 3.

3 B. Each and all of the regulations, provisions, conditions and terms therein, on file with the building official, are referenced and made a part hereof as if fully set out in this chapter, except as otherwise provided in this chapter.

15.22.040 Relation to California Building Standards Code.

Any amendment to the 2025 California Fire Code and standards contained therein as set forth in this chapter shall also be deemed an amendment to the 2025 California Fire Code for purposes of implementing, administering and enforcing the California Building Standards Code.

15.22.050 Amendments to the California Fire Code.

A. SCOPE AND ADMINISTRATION.
1) Section 101.1 of the California Fire Code is amended as follows:
101.1 Title. These regulations shall be known as the Desert Hot Springs Fire Code, hereinafter referred to as "this code."
2) 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 code or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this code which can be given effect without the invalid provision or application, and to this end, the provisions of this code are hereby declared to be severable.

B. 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 105.6 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 R317.5.1 of the California Item Number: 3.

4 Residential Code may be used for the design of the automatic fire sprinkler system for detached private garages.
2) A new Section 102.13.1 is added to Section 102.13 of the California Fire Code to read as follows:
102.13.1 Application of the California Wildland-Urban Interface Code.

Where a conflict exists between the adopted provisions of the California Fire Code and the California Wildland-Urban Interface Code, the more restrictive provisions shall apply.

C. DUTIES AND POWERS OF THE FIRE CODE OFFICIAL
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, Chief Deputy, or their designee, is authorized and directed to enforce all applicable State fire laws and provisions of this code and to perform such duties as directed by the City Council.

2. The Fire Chief, Chief Deputy, or their designee, is authorized to administer, interpret and enforce this code. Under the Fire Chief, Chief Deputy, or their designee’s, direction, the Riverside County Fire Department is authorized to enforce ordinances of City of Desert Hot Springs 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 code 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.

Item Number: 3.

5 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 Desert Hot Springs.

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.
2) Section 104.2 of the California Fire Code is deleted and replaced with the following:
104.2 Determination of compliance. The fire code official shall have the authority to determine compliance with this code, to render interpretations of this code and to develop policies, procedures, guidelines, standards, and information bulletins in order to clarify the application of its provisions. Such interpretations, policies, procedures:

1. Shall be in compliance with the intent and purpose of this code.

2. Shall not have the effect of waiving requirements specifically provided for in this code.

3. Shall be enforceable as part of this code.
3) Sections 104.8 and 104.8.1 of the California Fire Code are deleted in their entirety and replaced with the following:
104.8 Liability. Any liability against Riverside County and City of Desert Hot Springs or any officer or employee for damages resulting from the discharge of their duties shall be as provided by law.
4) A new Section 104.13 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.

Item Number: 3.

6 D. FEES.
1) Section 108.2 of the California Fire Code is deleted in its entirety and replaced with the following:
108.2 Schedule of Permit Fees. Fees for services and permits shall be as set forth in the City of Desert Hot Springs Fee Schedule. 2) A new Section 108.7 is added to Section 108 of the California Fire Code to read as follows:
108.7 Cost Recovery. Pursuant to California Health and Safety Code sections 11374.5(b)(1 ), 13009 et seq., 25259.4, 25515(a), 25540(a), 25541 (a), California Government Code sections 53150 et seq, and all other provisions of law, all costs incurred by the Riverside County Fire Department for the inspection and enforcement of any provision of these Codes, the investigation of any fire, explosion or other hazardous condition, the suppression of fire, the response to a traffic collision or accident, the containment and/or mitigation of a hazardous materials release, and any rescue or rendering of medical or physical aid or assistance, may be charged to any responsible party, any person who violates these Codes or any person who, due to a negligent or unlawful act or omission, is responsible for or requires or causes the emergency response of Riverside County Fire Department. Any expense incurred by the Riverside County Fire Department for such an emergency response shall constitute a debt of such person and shall be collectible by the County and City of Desert Hot Springs in the same manner as in the case of an obligation under contract, express or implied.

These provisions shall be applied uniformly against all such persons in violation of a Penal Code, Vehicle Code, Health and Safety Code or other state law statutory violation; only a county or city official (as applicable) shall have authority to reduce or cancel the debt obligation arising from the incident.

E. MEANS OF APPEALS.
1) Section 112.1 of the California Fire Code is deleted in its entirety and replaced with the following:
112.1 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 and Chief Deputy shall be notified of any appeal and the Fire Chief, Chief Deputy or their designee(s) 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.

F. VIOLATIONS.
1) Section 113.4 of the California Fire Code is deleted in its entirety and replaced with the following:

Item Number: 3.

7 113.4 Violations 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 Title 4 of the City of Desert Hot Springs Municipal Code, fee schedule and California Health and Safety Code Sections 17995 through 17995.5.

G. DEFINITIONS.
1) 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.

H. OPEN FLAMES.
1) Section 308.1.7 of the California Fire Code is deleted in its entirety and replaced with the following:
308.1.7 Sky Lanterns or Similar Devices. A person shall not release or cause to be released a sky lantern or similar device.

I. FIRE APPARATUS ACCESS ROADS.
1) A new Section 503.1.2.1 is added to Section 503.1.2 of the California Fire Code to read as follows:
503.1.2.1 Remoteness. Unless otherwise approved, where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one-half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses.
2) 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 (7,315 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 (4,115 mm). For additional requirements or alternatives see Riverside County Fire Department Standards and Policies, as may be amended from time to time.
3) 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 Item Number: 3.

8 modify the minimum fire lane access widths for fire or rescue operations. 4) 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. 5) 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.

J. 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 one-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 Guidelines, 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.

K. FIRE COMMAND CENTER.
1) Section 508.1 of the California Fire Code is deleted in its entirety and replaced with the following:

Item Number: 3.

9 508.1 General. Where required by other sections of this code and in all buildings classified as high-rise buildings by the California Building Code, in buildings greater than 300,000 square feet in area and in 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 508.1.8.
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 deleted in its entirety and replaced with the following:
508.1.3 Size. The fire command center shall be not less than 0.015 percent of the total building area of the facility served or 200 square feet (19 m2) in area, whichever is greater. The room shall have a minimum dimension of 0.7 times the square root of the room area or 10 feet (3048 mm), whichever is greater.

Where a fire command center is solely required because a building is greater than 300,000 square feet (27 870 m2), the fire command center shall have a minimum size of 96 square feet (9 m2) with a minimum dimension of 8 feet (2438 mm) where approved by the fire code official.

L. FIRE PROTECTION AND UTILITY EQUIPMENT IDENTIFICATION AND LOCATION.
1) A new Section 509.2.1 is added to section 509.2 of the California Fire Code is added to read as follows:
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.

M. MECHANICAL REFRIGERATION.
1) Section 608.11.1.2 of the California Fire Code is deleted in its entirety and replaced with the following:
608.11.1.2 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.

Item Number: 3.

10 N. 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.

1. 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 – 903.2.21 of the California Fire Code require more restrictive requirements than those listed below, the more restrictive requirement shall take precedence.

2. All existing buildings, except for one- and two-family dwellings, shall be retrofitted with automatic fire sprinklers when a structure exceeds 3,600 square feet and changes are made to the building including any of the following: change of use/occupancy to a higher hazard, removal of an existing fire wall as defined by the California Building Code, or additions of 50% or more are made to the original building area and the resulting square footage exceeds 5,000 square feet.

3. 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.

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

1. Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries not required to have an automatic sprinkler system by Section 1207 for energy storage systems and standby engines, provided that those spaces or areas are equipped throughout with an automatic smoke detection system in accordance with Section 907.2 and are separated from the remainder of the building by not less than 1-hour fire barriers constructed in accordance with Section 707 of the California Building Code or not less than 2-hour horizontal assemblies constructed in accordance with Section 711 of the California Building Code, or both.

2. Detached Group U occupancies used for agricultural purposes.

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

Item Number: 3.

11 4. Non-combustible fueling station canopies not exceeding 10,000 square feet when separated from other buildings by a distance of not less than 50 feet.

5. 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.

6. 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.

The following exceptions in the California Fire Code shall not be allowed:

6.1. Exceptions in Section 903.2.3.

6.2. 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.

O. COMMERCIAL HOOD AND DUCT SYSTEMS.
1) A new Section 904.2.2.1 is added to Section 904.2.2 of the California Fire Code to read as follows:
904.2.2.1 Activation of the Fire Alarm System. Where a fire alarm signaling system, or a Dedicated Function Fire Alarm System is serving the occupancy where the extinguishing system is located, the actuation of the automatic fire-extinguishing system shall actuate the fire alarm signaling system in accordance with the requirements of NFPA 72.  If a fire alarm signaling system, or a Dedicated Function Fire Alarm System is not present, one will be required to be installed to provide monitoring for the automatic fire -extinguishing system.

P. HIGH-PILED STORAGE - GENERAL FIRE PROTECTION AND LIFE SAFETY FEATURES.
1) A new Section 3206.4.2 is added to Section 3206.4 of the California Fire Code to read as follows:
3206.4.2 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. Unless otherwise approved, a Professional Item Number: 3.

12 Engineer, Licensed in the State of California, 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. MOBILE FOOD PREPARATION VEHICLES.
1) A new Section 4107 is added to Chapter 41 of the California Fire Code to read as follows:
4107 MOBILE FOOD PREPARATION VEHICLES.
2) New Sections 4107.1 through 4107.2.3 are added to Section 4107 of the California Fire Code to read as follows:
4107.1 General. Mobile food preparation vehicles that are equipped with appliances that produce smoke or grease-laden vapors shall comply with this section.
4107.2 Maintenance. Maintenance of systems on mobile food preparation vehicles shall be in accordance with Sections 4107.2.1 through 4107.2.3. 4107.2.1 Exhaust system. The exhaust system, including hood, greaseremoval devices, fans, ducts and other appurtenances, shall be inspected and cleaned in accordance with Section 606.3. 4107.2.2 Fire protection systems and devices. Fire protection systems and devices shall be maintained in accordance with Section 901.6.
4107.2.3 Fuel gas systems. LP-gas containers installed on the vehicle and fuel-gas piping systems shall be inspected annually by an approved inspection agency or a company that is registered with the U.S.

Department of Transportation to requalify LP-gas cylinders, to ensure that system components are free from damage, suitable for the intended service and not subject to leaking. CNG containers shall be inspected every 3 years in a qualified service facility. CNG containers shall not be used past their expiration date as listed on the manufacturer’s container label. Upon satisfactory inspection, the approved inspection agency shall affix a tag on the fuel gas system or within the vehicle indicating the name of the inspection agency and the date of satisfactory inspection.

Item Number: 3.

13 R. FIREWORKS DISPLAY.
1) A new Section 5608.2 is added to Section 5608 of the California Fire Code to read as follows:
5608.2 Fallout Area. For aerial shells, the minimum required radius of the fallout area shall be 100 ft/in. (22 m/25 mm) of the internal mortar diameter of the largest aerial shell to be fired, unless otherwise approved.

S. APPENDIX B.
1) A new Section B103.2.1 is added to Section B103.2 of the California Fire Code to read as follows:

B103.2.1 Wildland-Urban Interface Area Subdivisions. The minimum fire flow for any new subdivision or tract constructed within a Wildland-Urban Interface Area shall be 1,500 gallons per minute.
2) 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.

T. 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.

Item Number: 3.

14 Item Number: 3.

15 Section 3. CREATION OF CHAPTER 15.23 OF TITLE 15 “BUILDINGS AND CONSTRUCTION” OF THE DESERT HOT SPRINGS

MUNICIPAL CODE
Chapter 15.23 (“Wildland-Urban Interface Code”) of Title 15 (“Buildings and Construction”) of the Desert Hot Springs Municipal Code is hereby created to read in its entirety as follows:

Chapter 15.23 WILDLAND-URBAN INTERFACE CODE

15.23.000 Adoption by reference.

Except as stated in this Section or as amended below in § 15.23.010 of this Ordinance, all of the provisions and appendices of the 2025 California Wildland-Urban Interface 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 Desert Hot Springs. In addition, the following provisions that are excluded in the 2025 California Wildland-Urban Interface Code – Chapter 1, Division II of the California Wildland-Urban Interface Code is hereby adopted, except that Sections 103.2 and 112.3 are not adopted, and sections A101 through A102.2, A102.4, A104, A105.1, A105.4 through A105.4.2, A106 through A106.2 and A107 through A107.5 are adopted.

15.23.010 Amendments and additions.

AMENDMENTS TO THE CALIFORNIA WILDLAND-URBAN INTERFACE CODE:

A. APPLICABILITY,
1) A new Section 102.4.1.1 is added to Section 102.4.1 of the California WildlandUrban Interface Code to read as follows:
102.4.1.1 Application of the California Wildland-Urban Interface Code. Where a conflict exists between the provisions of the California Fire Code and the California Wildland-Urban Interface Code, the more restrictive provisions shall apply.

B. DUTIES AND POWERS OF THE CODE OFFICIAL.
1) A new Section 104.l.l is added to Section 104.1 of the California Wildland-Urban Interface Code to read as follows:
104.1.1 Authority of the Fire Chief, Chief Deputy, and Fire Department.

1. The Fire Chief, Chief Deputy, or their designee is authorized and directed to enforce all applicable State fire laws and provisions of this code and to perform such duties as directed by the Desert Hot Springs City Council.

2. The Fire Chief, Chief Deputy, or their designee is authorized to administer, interpret and enforce this code. Under the Fire Chief, Chief Deputy, or their Item Number: 3.

16 designee’s direction, the Riverside County Fire Department is authorized to enforce City of Desert Hot Springs ordinances 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 code 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 Compliance Officers of the City of Desert Hot Springs.

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.

3.9. 2) Section 104.2 of the California Wildland-Urban Interface Code is deleted and replaced with the following:
104.2 Determination of compliance. The fire code official shall have the authority to determine compliance with this code, to render interpretations of this code and to develop policies, procedures, guidelines, standards, and information bulletins in order to clarify the application of its provisions. Such interpretations, policies, procedures:

Item Number: 3.

17 1. Shall be in compliance with the intent and purpose of this code.

2. Shall not have the effect of waiving requirements specifically provided for in this code.

3. Shall be enforceable as part of this code.
3) Sections 104.8 and 104.8.1 of the California Wildland-Urban Interface Code are deleted in their entirety and replaced with the following:
104.8 Liability. Any liability against Riverside County and City of Desert Hot Springs or any officer or employee for damages resulting from the discharge of their duties shall be as provided by law.

C. PERMITS.
1) Section 105.2 of the California Wildland-Urban Interface Code is deleted in it’s entirety and replaced with the following:
105.2 Permits Required. Unless otherwise exempted, buildings or structures regulated by this code shall not be erected, constructed, altered, repaired, moved, removed, converted, demolished or changed in use or occupancy unless a separate permit for each building or structure has first been obtained from the code official.

For buildings or structures erected for temporary uses, see Section A108.3.

Where required by the code official, a permit shall be obtained for the following activities, operations, practices or functions within a wildland-urban interface area:

1. Automobile wrecking yard.

2. Candles and open flames in assembly areas.

3. Explosives or blasting agents.

4. Fireworks.

5. Flammable or combustible liquids.

6. Hazardous materials.

7. Liquefied petroleum gases.

8. Landscape and fuel modification zones.

9. Lumberyards.

10. Motor vehicle fuel-dispensing stations.

11. Open burning.

12. Pallet Yards.

13. Pyrotechnical special effects material.

14. Tents, canopies and temporary membrane structures.

15. Tire storage.

16. Welding and cutting operations.

Item Number: 3.

18 D. FEES.
1) Section 108.2 of the California Wildland-Urban Interface Code is deleted in its entirety and replaced with the following:
108.2 Schedule of permit fees. Fees for services and permits shall be as set forth by fee resolution of the City Council.
2) A new Section 108.7 is added to Section 108 of the California Wildland-Urban Interface Code to read as follows:
108.7 Cost recovery. Pursuant to California Health and Safety Code sections 11374.5(b)(1 ), 13009 et seq., 25259.4, 25515(a), 25540(a), 25541 (a), California Government Code sections 53150 et seq, and all other provisions of law, all costs incurred by the Riverside County Fire Department for the inspection and enforcement of any provision of these Codes, the investigation of any fire, explosion or other hazardous condition, the suppression of fire, the response to a traffic collision or accident, the containment and/or mitigation of a hazardous materials release, and any rescue or rendering of medical or physical aid or assistance, may be charged to any responsible party, any person who violates these Codes or any person who, due to a negligent or unlawful act or omission, is responsible for or requires or causes the emergency response of Riverside County Fire Department.

Any expense incurred by the Riverside County Fire Department for such an emergency response shall constitute a debt of such person and shall be collectible by the County and City of Desert Hot Springs in the same manner as in the case of an obligation under contract, express or implied. These provisions shall be applied uniformly against all such persons in violation of a Penal Code, Vehicle Code, Health and Safety Code or other state law statutory violation; only a county and/or city official shall have authority to reduce or cancel the debt obligation arising from the incident.

E. INSPECTION AND ENFORCEMENT
1) Section 109.3.7 of the California Wildland-Urban Interface Code is deleted in its entirety and replaced with the following:
109.3.7 Violation and penalties. It shall be unlawful for any person, firm, corporation or association of persons to violate any provision of this code, or to violate the provisions of any permit granted pursuant to this code. Punishments and penalties for violations shall be in accordance with California Health and Safety Code Sections 17995 through 17995.5 and Government Code Section 51185.

Item Number: 3.

19 F. DEFINITIONS.
1) Section 202, definition of "Fire Chief” in the California Wildland-Urban Interface 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.

G. WILDLAND-URBAN INTERFACE AREA DESIGNATIONS.
1) Section 302.1.1 is added to Section 302.1 of the California Wildland-Urban Interface Code to read as follows:
302.1.1 Designation of Fire Hazard Severity Zones. The Desert Hot Springs Council has adopted the recommendations of the State Fire Marshal made pursuant to Government Code section 51178 and designated those areas within the City as moderate, high, and very high fire hazard severity zones as shown on the Local Responsibility Area Fire Hazard Severity Zones Maps published by the Office of the State Fire Marshal.

H. SPECIAL BUILDING CONSTRUCTION REGULATIONS.
1) Section 501.1 of the California Wildland-Urban Interface shall be amended as follows:
501.1 Scope. Buildings and structures in a wildland-urban interface area shall be constructed in accordance with the California Building Code and this code. For the purpose of this Chapter, a wildland-urban interface area shall be defined as a geographical area identified by the state as a “Fire Hazard Severity Zone” in accordance with the Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, and other areas designated by the enforcing agency to be at a significant risk from wildfires, and shall include those areas designated as high, and very high fire hazard severity zones based on recommendations from the State Fire Marshal pursuant to Government Code Section 51178.

Exceptions:

1. Group U accessory structures not exceeding 120 square feet (11 m2) in floor area where located not less than 50 feet (15 240 mm)
from applicable buildings.

2. Group U agricultural buildings not less than 50 feet (15 240 mm) from applicable buildings.

Item Number: 3.

20 I. FIRE PROTECTION PLANS.
1) Section 602.1 of the California Wildland-Urban Interface Code is amended as follows:
602.1 General. A fire protection plan shall be submitted to the Fire Code Official for any proposed subdivision of land or building project. The fire protection plan shall be prepared to determine the acceptability of fire protection and life safety measures designed to mitigate wildfire hazards presented for the property under consideration.

The fire protection plan shall be prepared by a registered design professional, qualified landscape architect, qualified fire safety specialist or similar specialist acceptable to the code official and shall analyze the wildfire risk of the building, project, premises or region to recommend necessary changes.

Submittal of a preliminary fire protection plan shall be required prior to the submission of a final fire protection plan.

Exception: A single-family dwelling (Group R-3 Occupancy) when located on an existing legal parcel.
2) Section 602.3.2 of the California Wildland-Urban Interface Code is amended as follows:
602.3.2 Final Fire Protection Plan. Final fire protection plan shall include items listed in Section 602.3.1 and the following:

1. A map identifying all proposed plants in the fuel modification zones with a legend that includes a symbol for each proposed plant species. The plan shall include specific information on each species proposed, including but not limited to:

1.1. The plant life-form;

1.2. The scientific and common name; and

1.3. The expected height and width for mature growth.

2. Identification of irrigated and non-irrigated zones.

3. Requirements for vegetation reduction around emergency access and evacuation routes.

4. Identification of existing vegetation proposed to remain.

5. Identification of points of access for equipment and personnel to maintain vegetation in common areas.

6. Methods and timetables for controlling, changing, or modifying areas on the property.

Item Number: 3.

21 7. Legally binding statements regarding community responsibility for maintenance of fuel modification zones.

8. Legally binding statements to be included in covenants, conditions and restrictions regarding property owner responsibilities for vegetation maintenance.

J. VEGETATION PLAN.
1) Section 603.1 of the California Wildland-Urban Interface Code is amended as follows:
603.1 General. Planting of vegetation for new and replacement landscaping shall be selected to reduce vegetation in proximity to a structure and to maintain vegetation as it matures.
2) Section 603.3 of the California Wildland-Urban Interface Code is amended as follows:
603.3 Landscape and Fuel Modification plans. Landscape and Fuel Modification plans shall be submitted for any project located in a WUI area. The landscape and Fuel Modification plan shall include development and maintenance requirements for the vegetation management zone adjacent to structures and roadways, and to provide significant fire hazard reduction benefits for public and firefighting safety. 3) Section 603.3.1 of the California Wildland-Urban Interface Code is amended as follows:
603.3.1 Contents. Landscape plans shall contain the following:

1. Delineation of the 5-foot (1524 mm) (Zone 0), 30-foot (9144 mm) (Zone 1) and 100-foot (30 480 mm) (Zone 2) fuel management zones from all structures.

2. Identification of existing vegetation to remain and proposed new vegetation.

3. Identification of irrigated areas.

4. A plant legend with both botanical and common names, and identification of all plant material symbols.

5. Identification of ground coverings within the 30-foot (9144 mm) zone.

K. MAINTENANCE OF DEFENSIBLE SPACE.
1) Section 604.1 of the California Wildland-Urban Interface Code is amended as follows:
604.1 General. Vegetation and fuels shall be managed to reduce the severity of Item Number: 3.

22 potential exterior wildfire exposure to buildings and to reduce the risk of fire spreading to buildings as required by applicable laws and regulations. 2) Section 604.3 of the California Wildland-Urban Interface Code is amended as follows:
604.3 Requirements. Vegetation and fuels around all buildings and structures shall be maintained in accordance with the following laws and regulations:

1. Public Resources Code, Section 4291.

2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Article 3, Section 1299.03.

3. California Government Code, Section 51182.

4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section 3.07.

5. The requirements of the California Wildland-Urban Interface Code and Riverside County Fire Department Guidelines.
3) Section 604.3.1 is added to Section 604.3 of the California Wildland-Urban Interface Code to read as follows:
604.3.1 Retroactivity. When required by the Fire Code Official, or State Law, existing Defensible Space/Fuel Modification Zones (FMZ) shall require retrofitting, including thinning and/or removal of plants, trees, and vegetation, to meet this code or State Law. Upon notification by the Fire Code Official, and when approved, work to bring an existing Defensible Space and FMZ into compliance with this code, may be done over a two to four (2-4) year period as determined by the Fire Code Official.

A compliance plan prepared by the property owner may be requested for review and approval by the Fire Code Official.
4) Section 604.6 is added to the California Wildland-Urban Interface Code to read as follows:
604.6 Clearance of brush, vegetative growth, and combustible material from improved parcels. All improved parcels declared a Public Nuisance shall be cleared entirely of combustible material. If the Fire Code Official determines this impractical, the provisions of Section 604.7 may be used.
5) Section 604.7 is added to the California Wildland-Urban Interface Code to read as follows:

Item Number: 3.

23 604.7 Clearance of fuels or vegetative growth from structures. Clearance of fuels and vegetative growth from structures shall be per sections 604.7.1 through 604.7.4 of this code.
6) Section 604.7.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.7.1 Structures. Any person owning, leasing, controlling, operating, or maintaining any building or structure in, upon, or adjoining any FHSZ, governed by this section, and any person owning, leasing, or controlling any land adjacent to such buildings, shall at all times maintain around and adjacent to such building, an effective firebreak made by removing and clearing away, all combustible material on their property for a distance not less than 100 feet from all portions of the building.

Distances may be increased by the Fire Code Official due to a site-specific analysis based on local conditions and when required, based on a Fire Protection Plan. This section shall not apply to single specimens or stands of protected species of trees, Ornamental Landscape or similar plants used in landscaping and ground covers, that are well-pruned, maintained, and spaced, and do not form a means of rapidly transmitting fire from other nearby vegetation to a structure or from a structure to other nearby vegetation or to interrupt the advance of embers toward a structure. 7) Section 604.7.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.7.2 Timing for new buildings and additions to existing buildings. The provisions of Section 604.7 shall be completed prior to vertical construction of any New Building or addition to an Existing Building.
8) Section 604.7.3 is added to the California Wildland-Urban Interface Code to read as follows:
604.7.3 Photovoltaic Systems. The clearance requirements around freestanding photovoltaic systems and equipment shall comply with the following:

1. A minimum 10-foot clearance for clusters of panels not exceeding 1,500 square feet of combined panel area.

2. A minimum of 30-foot clearance for clusters of panels greater than 1,500 square feet of combined panel area.

3. Clusters shall be separated by a minimum of 20 feet.

Item Number: 3.

24 4. Panels and clusters shall be not located within 30 feet of any Building subject to clearance requirements of Section 604 unless the clearance requirements of Section 604 are provided as measured from the perimeter of the panel or cluster.
9) Section 604.8 is added to the California Wildland-Urban Interface Code to read as follows:
604.8 Defensible Space clearance zones and requirements. The required 100- foot Defensible Space clearance is identified in three (3) distinct zones: Zone 0, 1, and 2.
10) Section 604.8.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.1 Requirements. Defensible Space shall be in accordance with the requirements of Appendix A of this code, Riverside County Fire Department Guidelines and the specific requirements for each zone listed in Sections 604.8.2 through 604.8.5.
11) Section 604.8.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.2 Zone 0 purpose and location. Zone 0 reduces the likelihood of structure ignition by reducing the potential for direct ignition of the structure from flame contact, by embers that accumulate at the base of a wall, and/or indirect ignitions when embers ignite vegetation, vegetative debris, or other combustible materials located close to the structure that result in either a radiant heat and/or a direct flame contact exposure to the structure.

Zone 0 is the horizontal area within the first five (5) feet around the structure, including stairs, balconies, attached or adjacent decks, and outbuildings. Zone 0 is measured from the edge of a structure, attached or adjacent decks, patio covers, balconies, and floor projections above-grade. Zone 0 also includes the area on the roof of a building, and underneath and on top of attached decks, patio covers, balconies, and stair landings.

Advisory Notice: Riverside County Fire Department has local Zone 0 requirements currently in effect for new Buildings and additions to existing Buildings. New State regulations for Zone 0 are currently under development by the State Board of Forestry and Fire Protection. Any State regulation more Item Number: 3.

25 restrictive than this code shall apply. This may require thinning and/or removal of plants, trees, and vegetation to meet State Law and regulations. 12) Section 604.8.2.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.2.1 Non-Combustible Zone 0 for New Buildings, additions to Existing Buildings, and new or replacement landscape. Fuels, including Combustible Materials and vegetation, are prohibited in Zone 0 for all New Buildings, additions to Existing Buildings, installation of new landscape, and refurbishment of existing landscape areas.

The application date of Section 604.8.2.1 shall be the later application date when any of the following occur:

1. Fire Department Clearance for a New Building or addition to an Existing Building.

2. Building permit for a New Building or addition to an Existing Building.

3. Landscape plans submitted for Riverside County Fire Department review.

4. Replacement of landscape when landscape plans are not required. 13) Section 604.8.2.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.2.2 Additional requirements in Zone 0.

1. New and existing tree canopies are prohibited within 10 feet of New Buildings, including the addition portion to Existing Buildings.

Exception: Existing protected oak trees shall be trimmed to provide a minimum 5-foot clearance above the roof and 5 feet to the side of any New Building, or the addition portion to an Existing Building.

2. Landscaped roofs are prohibited.

3. Vegetation underneath decks is prohibited.

4. Other Combustible Materials underneath any deck, not part of the deck structure itself, shall be removed.

5. Artificial or synthetic grass is prohibited within Zone 0.

6. Vines and climbing plants are not allowed on structures, including decks, patio/shade structures, and any fences within 5 feet of a Building.

7. Combustible mulch and wood chips are prohibited.

8. Firewood is prohibited.

9. All fencing and gates shall be non-combustible. See Section 604.11.

Item Number: 3.

26 14) Section 604.8.2.3 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.2.3 Zone 0 requirements for Existing Buildings.
15) Section 604.8.2.3.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.2.3.1 Zone 0 restrictions. The following requirements apply within Zone 0 for all Existing Buildings with landscape installed prior to January 1, 2026:

1. No combustible landscape mulch or wood chips.

2. No firewood.

3. No vegetation underneath decks.

4. Other Combustible Materials underneath any deck, not part of the deck structure itself, shall be removed.

5. Roofs and gutters on Buildings shall be maintained free of any leaves, needles, or other vegetative Combustible Materials.

6. The vertical clearance distance for trees and vegetation above any roof shall be not less than 3 feet.

7. A minimum 3-foot clearance of trees and vegetation shall be provided to the side and above any eave or roof projection from the exterior wall of a Building.

A minimum 3-foot clearance of trees and vegetation shall be provided below any eave or roof projection. This requirement also applies to any patio cover or other Building projections.

8. New trees are not allowed.

9. New or replacement landscaping shall comply with Sections 604.8.1, 604.8.2.1, and 604.8.2.2.
16) Section 604.8.3 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.3 Zone 1 purpose and location. Zone 1 reduces the likelihood of fire burning directly to the structure. This is accomplished by modifying Fuels and creating a discontinuity between planting groups that limits the pathways for fire to burn to the structure and reduces the potential for near-to-building ember generation and radiant heat exposures. An additional purpose of this zone is to provide a defendable area for fire personnel to stage and take direct action.

Zone 1 is the area within 5-30 feet of structures and decks, with slopes not greater Item Number: 3.

27 than 20 percent; 5-50 feet from Buildings and decks, when slopes are greater than 20 percent.
17) Section 604.8.3.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.3.1 Requirements and allowable items. This is a minimal planting zone which includes very limited trees of a fire-smart type with additional spacing provided. Plants and other vegetation shall be in accordance with Appendix A of this code and Riverside County Fire Department Guidelines.
18) Section 604.8.4 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.4 Zone 2 purpose and location. Zone 2 is designed to reduce the potential behavior of an oncoming fire in such a way as to drop an approaching fire from the crown of trees to the ground, reducing the flame heights, and the potential for ember generation and radiant heat exposure to structures. Additional benefits of the Zone 2 include facilitating direct defense actions and improving the function of Zones 0 and

1. Zone 2 is the area from the outer edge of Zone 1 to 100 feet from structures and decks.
19) Section 604.8.4.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.4.1 Requirements and allowable items. Plants and other vegetation shall be in accordance with Appendix A of this code and Riverside County Fire Department Guidelines.
20) Section 604.8.4.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.4.2 Spacing. Spacing of vegetation and trees at the outer edge of Zone 2 shall be based upon the height of the vegetation within Zone 2 or the adjacent area beyond the 100-foot zone, whichever provides for the greater spacing. This may require clearance outside the 100-foot zone or setting back vegetation and trees within Zone 2 away from the 100-foot line.

Item Number: 3.

28 21) Section 604.8.5 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5 General requirements for Zone 0, 1, and 2.
22) Section 604.8.5.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.1 Dead and dying vegetation. All dead or dying grass, plants, shrubs, trees, branches, leaves, weeds, and tree needles shall be removed. 23) Section 604.8.5.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.2 Mulch and wood chips within Zones 1 and 2. Use of combustible Mulch and wood chips shall be in accordance with the requirements Riverside County Fire Department Guidelines.
24) Section 604.8.5.3 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.3 Firewood. See Section 607.
25) Section 604.8.5.4 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.4 Clearance from chimney, stovepipe. Any portion of a tree or shrub that extends within 10 feet horizontally or vertically of a chimney outlet or stovepipe outlet shall be removed.
26) Section 604.8.5.5 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.5 Trees. New trees shall be planted and maintained so that the tree’s drip line at maturity is a minimum of 10 feet from any combustible structure. 27) Section 604.8.5.5.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.5.1 Tree spacing. The horizontal distance between crowns of new trees and crowns of adjacent trees shall not be less than 20 feet in Zone 1 and not less than 10 feet in Zone 2. Separation distance may be increased for slopes exceeding 20 percent. Required spacing is measured between trees at maturity.

Item Number: 3.

29 28) Section 604.8.5.5.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.5.2 Ground clearance of trees. Trees exceeding 6 feet in height shall be limbed up from the ground 6 feet or 1/3 the height of the tree, whichever is less.

Exception: Fruit trees when approved by the Fire Code Official. 29) Section 604.8.5.5.3 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.5.3 Ground cover under tree canopy. When approved ground cover and shrubs are located underneath trees, the vertical clearance to the lowest branch of the tree canopy shall not be less than three times the height of the ground cover or shrub under or adjacent to the tree. The horizontal clearance shall be 3 feet from the trunk of the tree.
30) Section 604.8.5.6 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.6 Continuous tree canopies.
31) Section 604.8.5.6.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.6.1 New Structures. Continuous tree canopies are not allowed. Tree spacing shall be in accordance with Riverside County Fire Department Guidelines. 32) Section 604.8.5.6.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.6.2 Existing Structures. Continuous tree canopies may be allowed as determined by the Fire Code Official but will require the complete removal of any understory and smaller trees to meet requirements for a shaded fuel zone. Any remaining trees shall be limbed up a minimum of 12 feet from the ground or 1/3 the tree height, whichever is less. The intent is to not allow a crown (canopy) fire to spread unchecked to a structure and to bring any crown fire down to the ground level prior to Zone 1.
33) Section 604.8.5.7 is added to the California Wildland-Urban Interface Code to read as follows:

Item Number: 3.

30 604.8.5.7 Grasses. Natural or annual grasses shall be mowed to a maximum height of 4-inch stubble with clippings removed.
34) Section 604.9 is added to the California Wildland-Urban Interface Code to read as follows:
604.9 Fire protection equipment and utilities. The clearance requirements of Sections 604.7 and 604.8 shall apply to communication site towers and their support Buildings; required fire protection water supplies, including water tanks, water supply pumps, and pump houses; and any other utility Structure as required by the Fire Code Official. The Fire Code Official may consider a reduced distance, not less than 30 feet, for communication site towers, water tanks, and Structures with no interior space, based upon a site risk assessment. Also see Appendix A. 35) Section 604.10 is added to the California Wildland-Urban Interface Code to read as follows:
604.10 Planting vegetation under or adjacent to energized electrical lines. No vegetation shall be planted under or adjacent to energized power lines that, at maturity, will grow within 10 feet of the energized conductors. 36) Section 604.11 is added to the California Wildland-Urban Interface Code to read as follows:
604.11 Fencing.
37) Section 604.11.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.11.1 Scope. This section only applies to fences, including gates within the fencing, within 5 feet of Building(s), including Decks, (Zone 0) that are in an applicable Fire Hazard Severity Zone req by Chapter 6 of this code. 38) Section 604.11.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.11.2 New fencing. New fencing and gates shall be constructed of a noncombustible material. 39) Section 604.11.3 is added to the California Wildland-Urban Interface Code to read as follows:

Item Number: 3.

31 604.11.3 Existing fencing. Fencing installed prior to January 1, 2026, may remain.

Exception: The entire fencing not parallel and within 5 feet of the Building, including gates within the fencing, shall be constructed of a non-combustible material when any portion of the existing fencing within 5 feet is being replaced. Fencing beyond 5 feet from the Building is not required to be replaced with non-combustible material.

L. STORAGE OF FIREWOOD AND COMBUSTIBLE MATERIALS.
1) Section 607.1 of the California Wildland-Urban Interface Code is amended to read as follows:
607.1 General. Firewood and combustible materials shall not be stored in unenclosed spaces beneath Buildings or Structures, or on Decks or under eaves, canopies, or other projections or overhangs. Firewood piles shall be located 30 feet (9144 mm) or more from structures unless completely covered by a fire-resistant material. Exposed wood piles located within the defensible space shall have a minimum clearance of 10 feet (3048 mm) down to bare mineral soil in all directions.

Firewood shall not be stored within Zone 0.
2) Section 607.1.1 of the California Wildland-Urban Interface Code is amended to read as follows:
607.1.1 Combustible Materials. Combustible Materials, other than vegetation, stored within Zones 1 and 2 shall not be stored so as to pose a hazard to any Building. Piles shall not exceed 100 square feet of area and a maximum height of 10 feet. Piles shall be separated by a minimum of 20-foot clear area. 3) Section 607.2 of the California Wildland-Urban Interface Code is amended to read as follows:
607.2 Storage for off-site use. Firewood and Combustible Materials not for consumption on the premises shall not be stored within Zones 0, 1, and 2. See Appendix A for storage requirements.

M. BUILDING SITING AND SETBACKS
1) Section 608.1.1 is added to the California Wildland-Urban Interface Code to read as follows:
608.1.1 Restricted development setbacks. New Structures and additions to existing Structures shall not be constructed less than 100 feet from any protected habitat, whether on the same or adjacent Parcels, where the 100-foot Defensible Item Number: 3.

32 Space required under Section 604.7 cannot be provided, unless an alternate method of construction and protection is provided that can ensure the safety of the Structure and emergency responders as approved by the Fire Code Official. Protected habitat includes lands restricted from brush clearance or modification due to Federal or State listed endangered species. Protected habitat does not include sensitive habitat areas.
2) Section 608.2 of the California Wildland-Urban Interface Code is amended to read as follows:
608.2 General. All parcels shall provide a minimum 30-foot (9144 mm) setback for all buildings from property lines and the center of a road, except as provided for in Section 608.2.1. [CCR T14 §1276.00(a)] This section applies to new Tract and Parcel maps, new Buildings, and additions to Existing Buildings. 3) Section 608.2.1 of the California Wildland-Urban Interface Code is amended to read as follows:
608.2.1 Setback reduction. A reduction in the minimum setback shall be based upon practical reasons, which may include but are not limited to, parcel dimensions or size; topographic limitations; Development density requirements or other Development patterns that promote low-carbon emission outcomes; sensitive habitat or other site constraints, and shall provide for an alternative method to reduce structure-to-structure ignition by incorporating a combination of features such as, but not limited to:

1. Non-combustible block walls or fences; or

2. Non-combustible material extending 5 feet (1524 mm) horizontally from the furthest extent of the building; or

3. Hardscape landscaping; or

4. A reduction of exposed windows on the side of the structure with setback less than 30 feet (9144 mm). [CCR T14 §1276.01]
N. RIDGELINES, FUEL BREAKS, AND GREENBELTS.
1) Section 609.2.7.1 is added to the California Wildland-Urban Interface Code to read as follows:
609.2.7.1 Greenbelts. Subdivisions and other developments, which propose Greenbelts as a part of the development plan, shall locate the Greenbelts Item Number: 3.

33 strategically, as a separation between wildland fuels and Structures. The locations shall be approved by the inspection authority.
2) Section 609.2.7.2 is added to the California Wildland-Urban Interface Code to read as follows:
609.2.7.2 Access to Greenbelts. A minimum of one (1) access point shall be provided to new Greenbelts at an approved location to allow for on-going maintenance and firefighter access. Additional access points shall be provided when required by the Fire Code Official.

O. APPENDIX A
1) Section A102.1 of the California Wildland-Urban Interface Code is amended to read as follows:

A102.1 General. Vegetation control shall comply with Sections A102.2 through A102.4 and with Chapter 6.
2) Section A105.1 of the California Wildland-Urban Interface Code is amended to read as follows:

A105.1 General. In addition to the requirements of the California Fire Code, California Wildland-Urban Interface Code Chapter 6, and the Desert Hot Springs Municipal code - storage and use of the materials shall be in accordance with Sections A105.2 through A105.4.2.
3) Section A105.4 of the California Wildland-Urban Interface Code is amended to read as follows:

A105.4 Combustible Materials. Outside storage of Combustible Materials such as, but not limited to, wood, rubber tires, building materials, or paper products shall comply with the other applicable sections of this code and this section. Storage of pallets shall be in accordance with California Fire Code, Section 2810. Storage and processing of wood chips, hogged materials, fines, Compost, Compostable Material, Mulch, solid biomass, raw product, and combustible yard waste and recycle material shall be in accordance with California Fire Code, Section 2808.

Section 4. SEVERABILITY
Item Number: 3.

34 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 5. REPEAL OF CONFLICTING PROVISIONS
All the provisions of the Municipal Code as heretofore adopted by the City of Desert Hot Springs that are in conflict with the provisions of this ordinance are hereby repealed.

Section 6. AMENDING OF BAIL SCHEDULE
The City Attorney’s Office is hereby directed to determine whether this ordinance necessitates amendment of the City’s Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.

Section 7. EFFECTIVE DATE
That this ordinance shall be effective January 1, 2026.

Section 8. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the day of , 2025 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Scott Matas, Mayor
ATTEST:

Jerryl Soriano, City Clerk
Item Number: 3.

35 APPROVED AS TO FORM:

Jennifer A. Mizrahi, City Attorney
Item Number: 3.

DESERT HOT SPRINGS MUNICIPAL CODE
CHAPTER 15.22 CALIFORNIA FIRE CODE
(Strikethrough/Underline Changes from
previous)
§ 15.22.010 Findings and declarations.

The City Council of the City of Desert Hot Springs does specifically and expressly find and declare that the nature and uniqueness of the local climate, geographical and topographical conditions in the City of Desert Hot Springs does reasonably necessitate and demand specific changes in and variations from the 20222025 California Fire Code, which are noted in and made part of this chapter as authorized by California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5. These conditions result from climatic, geological and topographical conditions.
§ 15.22.020 Purpose.

The purpose of this chapter is to facilitate the implementation, administration and enforcement of the 20222025 California Fire Code which establish the minimum requirements consistent with nationally recognized good practices to safeguard the public health, safety and general welfare from the hazard of fire, explosion or dangerous conditions in new and existing buildings or structures and premises and to provide safety and assistance to firefighters and emergency responders during emergency operations.
§ 15.22.030 Incorporation by reference.

A. Except as stated in this section or as amended in § 15.22.050, all of the provisions and appendices of the 20222025 California Fire Code, inclusive of all of the inclusions and exclusions set forth in each chapter's matrix, are hereby adopted and shall apply to the City of Desert Hot Springs. In addition, the following provisions that are excluded in the 20222025 California Fire Code are hereby adopted – Chapter 1, Division II of the California Fire Code is hereby adopted, (except that Sections 103.2 and 111.3112.3 are not adopted); and Chapters 3, 25, and Sections 403.11, 503, 510.2, 1103.2 and 5707 are adopted.

B. Each and all of the regulations, provisions, conditions and terms therein, on file with the building official, are referenced and made a part hereof as if fully set out in this chapter, except as otherwise provided in this chapter.
§ 15.22.040 Relation to California Building Standards Code.

Any amendment to the 20222025 California Fire Code and standards contained therein as set forth in this chapter shall also be deemed an amendment to the 20222025 California Fire Code for purposes of implementing, administering and enforcing the California Building Standards Code.
§ 15.22.050 Amendments to the California Fire Code.

Item Number: 3.

A. Scope and Administration.
1) Section 101.1 of the California Fire Code is amended as follows:
101.1 Title. These regulations shall be known as the Desert Hot Springs Fire Code, hereinafter referred to as "this code."
2) 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 code or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this code which can be given effect without the invalid provision or application, and to this end, the provisions of this code are hereby declared to be severable.

B. 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 105.5105.6 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 R317.5.1 of the California Residential Code may be used for the design of the automatic fire sprinkler system for detached private garages. 2) A new Section 102.13.1 is added to Section 102.13 of the California Fire Code to read as follows:
102.13.1 Application of the California Wildland-Urban Interface Code. Where a conflict exists between the adopted provisions of the California Fire Code and the California Wildland-Urban Interface Code, the more restrictive provisions shall apply.

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

1. The Fire Chief, Chief Deputy, or their designee, is authorized and directed to enforce all applicable State fire laws and provisions of this code and to perform such duties as directed by the City Council.

2. The Fire Chief, Chief Deputy, or their designee, is authorized to administer, interpret and enforce this code. Under the Fire Chief, Chief Deputy, or their designee’s, direction, the Riverside County Fire Department is authorized to enforce ordinances of City of Desert Hot Springs pertaining to the following:

2.1. The prevention of fires.

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

Item Number: 3.

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 code 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 Desert Hot Springs.

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. 2) Section 104.2 of the California Fire Code is deleted and replaced with the following:
104.2 Determination of compliance. The fire code official shall have the authority to determine compliance with this code, to render interpretations of this code and to develop policies, procedures, guidelines, standards, and information bulletins in order to clarify the application of its provisions. Such interpretations, policies, procedures:

1. Shall be in compliance with the intent and purpose of this code.

2. Shall not have the effect of waiving requirements specifically provided for in this code.

3. Shall be enforceable as part of this code.
3) Sections 104.7 104.8 and 104.7.1 104.8.1 of the California Fire Code are deleted in their entirety and replaced with the following:
104.7 104.8 Liability. Any liability against Riverside County and City of Desert Hot Springs or any officer or employee for damages resulting from the discharge of their duties shall be as provided by law.
4) A new Section 104.13 is added to Section 104 of the California Fire Code to read as follows:
104.13 104.12 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 Item Number: 3.

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.

D. Fees.
1) Section 107.2 108.2 of the California Fire Code is deleted in its entirety and replaced with the following:
107.2 108.2 Schedule of Permit Fees. Fees for services and permits shall be as set forth in the City of Desert Hot Springs Fee Schedule.
2) A new Section 107.7 108.7 is added to Section 107 108 of the California Fire Code to read as follows:
107.7 108.7 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/City of Desert Hot Springs in the same manner as in the case of an obligation under contract, express or implied. Pursuant to California Health and Safety Code sections 11374.5(b)(1 ), 13009 et seq., 25259.4, 25515(a), 25540(a), 25541 (a), California Government Code sections 53150 et seq, and all other provisions of law, all costs incurred by the Riverside County Fire Department for the inspection and enforcement of any provision of these Codes, the investigation of any fire, explosion or other hazardous condition, the suppression of fire, the response to a traffic collision or accident, the containment and/or mitigation of a hazardous materials release, and any rescue or rendering of medical or physical aid or assistance, may be charged to any responsible party, any person who violates these Codes or any person who, due to a negligent or unlawful act or omission, is responsible for or requires or causes the emergency response of Riverside County Fire Department. Any expense incurred by the Riverside County Fire Department for such an emergency response shall constitute a debt of such person and shall be collectible by the County and City of Desert Hot Springs in the same manner as in the case of an obligation under contract, express or implied. These provisions shall be applied uniformly against all such persons in violation of a Penal Code, Vehicle Code, Health and Safety Code or other state law statutory violation; only a county or city official (as applicable) shall have authority to reduce or cancel the debt obligation arising from the incident.

E. Board Means of Appeals.

Item Number: 3.

1) Section 111.1 112.1 of the California Fire Code is deleted in its entirety and replaced with the following:
111.1 112.1 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 and Chief Deputy shall be notified of any appeal and the Fire Chief, Chief Deputy or their designee(s) 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.

F. Violations.
1) Section 112.4 113.4 of the California Fire Code is deleted in its entirety and replaced with the following:
112.4 113.4 Violations 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 Title 4 of the City of Desert Hot Springs Municipal Code, fee schedule and California Health and Safety Code Sections 17995 through 17995.5.

G. Definitions.
1) 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.

H. Open Flames.
1) Section 308.1.6.3 308.1.7 of the California Fire Code is deleted in its entirety and replaced with the following:
308.1.6.3 308.1.7 Sky Lanterns or Similar Devices. A person shall not release or cause to be released a sky lantern or similar device.

I. Fire Apparatus Access Roads.
1) A new Section 503.1.2.1 is added to Section 503.1.2 of the California Fire Code to read as follows:
503.1.2.1 Remoteness. Unless otherwise approved, where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one-half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses.
2) 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 (7,315 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 (4,115 mm). For additional requirements or alternatives see Riverside County Fire Department Standards and Policies, as may be amended from time to time.
3) Section 503.2.2 of the California Fire Code is deleted in its entirety and replaced with the following:

Item Number: 3.

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.
4) 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. 5) 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.

J. 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 one-half (2 ½) inch outlet.

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

3. Super Hydrant Enhanced – two (2) four (4) inch outlet and one (1) two and onehalf (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 Guidelines, 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.

K. 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 buildings greater than 300,000 square feet in area and in 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 508.1.7 508.1.8.
2) Section 508.1.1 of the California Fire Code is deleted in its entirety and replaced with the following:

Item Number: 3.

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 deleted in its entirety and replaced with the following:
508.1.3 Size. The fire command center shall be not less than 0.015 percent of the total building area of the facility served or 200 square feet (19 m2) in area, whichever is greater. The room shall have , with a minimum dimension of 0.7 times the square root of the room area or 10 feet (3048 mm), whichever is greater.

Where a fire command center is solely required because a building is greater than 300,000 square feet (27 870 m2), the fire command center shall have a minimum size of 96 square feet (9 m2) with a minimum dimension of 8 feet (2438 mm) where approved by the fire code official.

L. Fire Protection and Utility Equipment Identification and Location. 1) A new Section 509.2.1 is added to section 509.2 of the California Fire Code is added to read as follows:
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.

M. Mechanical Refrigeration.
1) Section 608.11.1.2 of the California Fire Code is deleted in its entirety and replaced with the following:
608.11.1.2 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.

N. 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—903.2.21 of the California Fire Code require more restrictive requirements than those listed below, the more restrictive requirement shall take precedence.

1. 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 – 903.2.21 of the California Fire Code require more restrictive requirements than those listed below, the more restrictive requirement shall take precedence.

2. All existing buildings, except for one- and two-family dwellings, shall be retrofitted with automatic fire sprinklers when a structure exceeds 3,600 square feet and changes are made to the building including any of the following: change of use/occupancy to a higher hazard, removal of an existing fire wall as defined Item Number: 3.

by the California Building Code, or additions of 50% or more are made to the original building area and the resulting square footage exceeds 5,000 square feet.

3. 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.

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

1. Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries not required to have an automatic sprinkler system by Section 1207 for energy storage systems and standby engines, provided that those spaces or areas are equipped throughout with an automatic smoke detection system in accordance with Section 907.2 and are separated from the remainder of the building by not less than 1-hour fire barriers constructed in accordance with Section 707 of the California Building Code or not less than 2-hour horizontal assemblies constructed in accordance with Section 711 of the California Building Code, or both.

2. Detached Group U occupancies used for agricultural purposes.

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

4. Non-combustible fueling station canopies not exceeding 10,000 square feet when separated from other buildings by a distance of not less than 50 feet.

5. 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.

6. 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 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:

6.1.Exceptions in Section 903.2.3.

6.2.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.

O. COMMERCIAL HOOD AND DUCT SYSTEMS.
1) A new Section 904.2.2.1 is added to Section 904.2.2 of the California Fire Code to read as follows:
904.2.2.1 Activation of the Fire Alarm System. Where a fire alarm signaling system, or a Dedicated Function Fire Alarm System is serving the occupancy where the extinguishing system is located, the actuation of the automatic fire-extinguishing Item Number: 3.

system shall actuate the fire alarm signaling system in accordance with the requirements of NFPA 72.  If a fire alarm signaling system, or a Dedicated Function Fire Alarm System is not present, one will be required to be installed to provide monitoring for the automatic fire -extinguishing system.

P. Designation of High-Piled Storage Areas. HIGH-PILED STORAGE - GENERAL FIRE

PROTECTION AND LIFE SAFETY FEATURES
1) A new Section 3206.4.2 is added to Section 3204.2 3206.4 of the California Fire Code to read as follows:
3204.2.1 3206.4.2 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. Unless otherwise approved, a Professional Engineer, Licensed in the State of California, 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. MOBILE FOOD PREPARATION VEHICLES.
1) A new Section 4107 is added to Chapter 41 of the California Fire Code to read as follows:
4107 MOBILE FOOD PREPARATION VEHICLES.
2) New Sections 4107.1 through 4107.2.3 are added to Section 4107 of the California Fire Code to read as follows:
4107.1 General. Mobile food preparation vehicles that are equipped with appliances that produce smoke or grease-laden vapors shall comply with this section. 4107.2 Maintenance. Maintenance of systems on mobile food preparation vehicles shall be in accordance with Sections 4107.2.1 through 4107.2.3. 4107.2.1 Exhaust system. The exhaust system, including hood, greaseremoval devices, fans, ducts and other appurtenances, shall be inspected and cleaned in accordance with Section 606.3.
4107.2.2 Fire protection systems and devices. Fire protection systems and devices shall be maintained in accordance with Section 901.6. 4107.2.3 Fuel gas systems. LP-gas containers installed on the vehicle and fuel-gas piping systems shall be inspected annually by an approved inspection agency or a company that is registered with the U.S. Department of Transportation to requalify LP-gas cylinders, to ensure that system components are free from damage, suitable for the intended service and not subject to leaking. CNG containers shall be inspected every 3 years in a qualified service facility. CNG containers shall not be used past their Item Number: 3.

expiration date as listed on the manufacturer’s container label. Upon satisfactory inspection, the approved inspection agency shall affix a tag on the fuel gas system or within the vehicle indicating the name of the inspection agency and the date of satisfactory inspection.

R. Fire Hazard Severity Zones.
1) A new Section 4904.2.1 is added to Section 4904 of the California Fire Code to read as follows:
4904.2.1 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 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. The most recent VHFHSZ IN LRA map is on file at the office of the Fire Chief, which supersedes other maps previously adopted designating high fire hazard areas.

S. FIREWORKS DISPLAY.
1) A new Section 5608.2 is added to Section 5608 of the California Fire Code to read as follows:
5608.2 Fallout Area. For aerial shells, the minimum required radius of the fallout area shall be 100 ft/in. (22 m/25 mm) of the internal mortar diameter of the largest aerial shell to be fired, unless otherwise approved.

T. Appendix B.
1) A new Section B103.2.1 is added to Section B103.2 of the California Fire Code to read as follows:

B103.2.1 Wildland-Urban Interface Area Subdivisions. The minimum fire flow for any new subdivision or tract constructed within a Wildland-Urban Interface Area shall be 1,500 gallons per minute.
2) 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.

Item Number: 3.

U. 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.

Item Number: 3.

DESERT HOT SPRINGS MUNICIPAL CODE
CHAPTER 15.23 CALIFORNIA WILDLANDURBAN INTERFACE CODE
(Strikethrough/Underline Changes from
previous)
§ 15.23.000. Adoption by reference.

Except as stated in this Section or as amended below in § 15.23.010 of this Ordinance, all of the provisions and appendices of the 2025 California Wildland-Urban Interface 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 Desert Hot Springs. In addition, the following provisions that are excluded in the 2025 California Wildland-Urban Interface Code – Chapter 1, Division II of the California Wildland-Urban Interface Code is hereby adopted, except that Sections 103.2 and 112.3 are not adopted, and sections A101 through A102.2, A102.4, A104, A105.1, A105.4 through A105.4.2, A106 through A106.2 and A107 through A107.5 are adopted. § 15.23.010. Amendments and Additions.

AMENDMENTS TO THE CALIFORNIA WILDLAND-URBAN INTERFACE CODE:

A. APPLICABILITY,
1) A new Section 102.4.1.1 is added to Section 102.4.1 of the California WildlandUrban Interface Code to read as follows:
102.4.1.1 Application of the California Wildland-Urban Interface Code. Where a conflict exists between the provisions of the California Fire Code and the California Wildland-Urban Interface Code, the more restrictive provisions shall apply.

B. DUTIES AND POWERS OF THE CODE OFFICIAL.
1) A new Section 104.l.l is added to Section 104.1 of the California Wildland-Urban Interface Code to read as follows:
104.1.1 Authority of the Fire Chief, Chief Deputy, and Fire Department.

1. The Fire Chief, Chief Deputy, or their designee is authorized and directed to enforce all applicable State fire laws and provisions of this code and to perform such duties as directed by the Desert Hot Springs City Council.

2. The Fire Chief, Chief Deputy, or their designee is authorized to administer, interpret and enforce this code. Under the Fire Chief, Chief Deputy, or their designee’s direction, the Riverside County Fire Department is authorized to enforce City of Desert Hot Springs ordinances pertaining to the following:

Item Number: 3.

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 code 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 Compliance Officers of the City of Desert Hot Springs.

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. 2) Section 104.2 of the California Wildland-Urban Interface Code is deleted and replaced with the following:
104.2 Determination of compliance. The fire code official shall have the authority to determine compliance with this code, to render interpretations of this code and to develop policies, procedures, guidelines, standards, and information bulletins in order to clarify the application of its provisions. Such interpretations, policies, procedures:

1. Shall be in compliance with the intent and purpose of this code.

Item Number: 3.

2. Shall not have the effect of waiving requirements specifically provided for in this code.

3. Shall be enforceable as part of this code.
3) Sections 104.8 and 104.8.1 of the California Wildland-Urban Interface Code are deleted in their entirety and replaced with the following:
104.8 Liability. Any liability against Riverside County and City of Desert Hot Springs or any officer or employee for damages resulting from the discharge of their duties shall be as provided by law.

C. PERMITS.
1) Section 105.2 of the California Wildland-Urban Interface Code is deleted in it’s entirety and replaced with the following:
105.2 Permits Required. Unless otherwise exempted, buildings or structures regulated by this code shall not be erected, constructed, altered, repaired, moved, removed, converted, demolished or changed in use or occupancy unless a separate permit for each building or structure has first been obtained from the code official.

For buildings or structures erected for temporary uses, see Section A108.3.

Where required by the code official, a permit shall be obtained for the following activities, operations, practices or functions within a wildland-urban interface area:

1. Automobile wrecking yard.

2. Candles and open flames in assembly areas.

3. Explosives or blasting agents.

4. Fireworks.

5. Flammable or combustible liquids.

6. Hazardous materials.

7. Liquefied petroleum gases.

8. Landscape and fuel modification zones.

9. Lumberyards.

10. Motor vehicle fuel-dispensing stations.

11. Open burning.

12. Pallet Yards.

13. Pyrotechnical special effects material.

14. Tents, canopies and temporary membrane structures.

15. Tire storage.

16. Welding and cutting operations.

Item Number: 3.

D. FEES.
1) Section 108.2 of the California Wildland-Urban Interface Code is deleted in its entirety and replaced with the following:
108.2 Schedule of permit fees. Fees for services and permits shall be as set forth by fee resolution of the City Council.
2) A new Section 108.7 is added to Section 108 of the California Wildland-Urban Interface Code to read as follows:
108.7 Cost recovery. Pursuant to California Health and Safety Code sections 11374.5(b)(1 ), 13009 et seq., 25259.4, 25515(a), 25540(a), 25541 (a), California Government Code sections 53150 et seq, and all other provisions of law, all costs incurred by the Riverside County Fire Department for the inspection and enforcement of any provision of these Codes, the investigation of any fire, explosion or other hazardous condition, the suppression of fire, the response to a traffic collision or accident, the containment and/or mitigation of a hazardous materials release, and any rescue or rendering of medical or physical aid or assistance, may be charged to any responsible party, any person who violates these Codes or any person who, due to a negligent or unlawful act or omission, is responsible for or requires or causes the emergency response of Riverside County Fire Department. Any expense incurred by the Riverside County Fire Department for such an emergency response shall constitute a debt of such person and shall be collectible by the County and City of Desert Hot Springs in the same manner as in the case of an obligation under contract, express or implied. These provisions shall be applied uniformly against all such persons in violation of a Penal Code, Vehicle Code, Health and Safety Code or other state law statutory violation; only a county and/or city official shall have authority to reduce or cancel the debt obligation arising from the incident.

E. INSPECTION AND ENFORCEMENT
1) Section 109.3.7 of the California Wildland-Urban Interface Code is deleted in its entirety and replaced with the following:
109.3.7 Violation and penalties. It shall be unlawful for any person, firm, corporation or association of persons to violate any provision of this code, or to violate the provisions of any permit granted pursuant to this code. Punishments and penalties for violations shall be in accordance with California Health and Safety Code Sections 17995 through 17995.5 and Government Code Section 51185.

F. DEFINITIONS.

Item Number: 3.

1) Section 202, definition of "Fire Chief” in the California Wildland-Urban Interface 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.

G. WILDLAND-URBAN INTERFACE AREA DESIGNATIONS.
1) Section 302.1.1 is added to Section 302.1 of the California Wildland-Urban Interface Code to read as follows:
302.1.1 Designation of Fire Hazard Severity Zones. The Desert Hot Springs Council has adopted the recommendations of the State Fire Marshal made pursuant to Government Code section 51178 and designated those areas within the City as moderate, high, and very high fire hazard severity zones as shown on the Local Responsibility Area Fire Hazard Severity Zone Maps published by the Office of the State Fire Marshal.

H. SPECIAL BUILDING CONSTRUCTION REGULATIONS.
1) Section 501.1 of the California Wildland-Urban Interface shall be amended as follows:
501.1 Scope. Buildings and structures in a wildland-urban interface area shall be constructed in accordance with the California Building Code and this code. For the purpose of this Chapter, a wildland-urban interface area shall be defined as a geographical area identified by the state as a “Fire Hazard Severity Zone” in accordance with the Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, and other areas designated by the enforcing agency to be at a significant risk from wildfires, and shall include those areas designated as high, and very high fire hazard severity zones based on recommendations from the State Fire Marshal pursuant to Government Code Section 51178.

Exceptions:

1. Group U accessory structures not exceeding 120 square feet (11 m2) in floor area where located not less than 50 feet (15 240 mm) from applicable buildings.

2. Group U agricultural buildings not less than 50 feet (15 240 mm) from applicable buildings.

I. FIRE PROTECTION PLANS.
1) Section 602.1 of the California Wildland-Urban Interface Code is amended as follows:

Item Number: 3.

602.1 General. A fire protection plan shall be submitted to the Fire Code Official for any proposed subdivision of land or building project. The fire protection plan shall be prepared to determine the acceptability of fire protection and life safety measures designed to mitigate wildfire hazards presented for the property under consideration.

The fire protection plan shall be prepared by a registered design professional, qualified landscape architect, qualified fire safety specialist or similar specialist acceptable to the code official and shall analyze the wildfire risk of the building, project, premises or region to recommend necessary changes.

Submittal of a preliminary fire protection plan shall be required prior to the submission of a final fire protection plan.

Exception: A single-family dwelling (Group R-3 Occupancy) when located on an existing legal parcel.
2) Section 602.3.2 of the California Wildland-Urban Interface Code is amended as follows:
602.3.2 Final Fire Protection Plan. Final fire protection plan shall include items listed in Section 602.3.1 and the following:

1. A map identifying all proposed plants in the fuel modification zones with a legend that includes a symbol for each proposed plant species. The plan shall include specific information on each species proposed, including but not limited to:

1.1. The plant life-form;

1.2. The scientific and common name; and

1.3. The expected height and width for mature growth.

2. Identification of irrigated and non-irrigated zones.

3. Requirements for vegetation reduction around emergency access and evacuation routes.

4. Identification of existing vegetation proposed to remain.

5. Identification of points of access for equipment and personnel to maintain vegetation in common areas.

6. Methods and timetables for controlling, changing, or modifying areas on the property.

7. Legally binding statements regarding community responsibility for maintenance of fuel modification zones.

8. Legally binding statements to be included in covenants, conditions and restrictions regarding property owner responsibilities for vegetation maintenance.

Item Number: 3.

J. VEGETATION PLAN.
1) Section 603.1 of the California Wildland-Urban Interface Code is amended as follows:
603.1 General. Planting of vegetation for new and replacement landscaping shall be selected to reduce vegetation in proximity to a structure and to maintain vegetation as it matures.
2) Section 603.3 of the California Wildland-Urban Interface Code is amended as follows:
603.3 Landscape and Fuel Modification plans. Landscape and Fuel Modification plans shall be submitted for any project located in a WUI area. The landscape and Fuel Modification plan shall include development and maintenance requirements for the vegetation management zone adjacent to structures and roadways, and to provide significant fire hazard reduction benefits for public and firefighting safety. 3) Section 603.3.1 of the California Wildland-Urban Interface Code is amended as follows:
603.3.1 Contents. Landscape plans shall contain the following:

1. Delineation of the 5-foot (1524 mm) (Zone 0), 30-foot (9144 mm) (Zone 1) and 100-foot (30 480 mm) (Zone 2) fuel management zones from all structures.

2. Identification of existing vegetation to remain and proposed new vegetation.

3. Identification of irrigated areas.

4. A plant legend with both botanical and common names, and identification of all plant material symbols.

5. Identification of ground coverings within the 30-foot (9144 mm) zone.

K. MAINTENANCE OF DEFENSIBLE SPACE.
1) Section 604.1 of the California Wildland-Urban Interface Code is amended as follows:
604.1 General. Vegetation and fuels shall be managed to reduce the severity of potential exterior wildfire exposure to buildings and to reduce the risk of fire spreading to buildings as required by applicable laws and regulations. 2) Section 604.3 of the California Wildland-Urban Interface Code is amended as follows:
604.3 Requirements. Vegetation and fuels around all buildings and structures shall be maintained in accordance with the following laws and regulations:

1. Public Resources Code, Section 4291.

Item Number: 3.

2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Article 3, Section 1299.03.

3. California Government Code, Section 51182.

4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section 3.07.

5. The requirements of the California Wildland-Urban Interface Code and Riverside County Fire Department Guidelines.
3) Section 604.3.1 is added to Section 604.3 of the California Wildland-Urban Interface Code to read as follows:
604.3.1 Retroactivity. When required by the Fire Code Official, or State Law, existing Defensible Space/Fuel Modification Zones (FMZ) shall require retrofitting, including thinning and/or removal of plants, trees, and vegetation, to meet this code or State Law. Upon notification by the Fire Code Official, and when approved, work to bring an existing Defensible Space and FMZ into compliance with this code, may be done over a two to four (2-4) year period as determined by the Fire Code Official.

A compliance plan prepared by the property owner may be requested for review and approval by the Fire Code Official.
4) Section 604.6 is added to the California Wildland-Urban Interface Code to read as follows:
604.6 Clearance of brush, vegetative growth, and combustible material from improved parcels. All improved parcels declared a Public Nuisance shall be cleared entirely of combustible material. If the Fire Code Official determines this impractical, the provisions of Section 604.7 may be used.
5) Section 604.7 is added to the California Wildland-Urban Interface Code to read as follows:
604.7 Clearance of fuels or vegetative growth from structures. Clearance of fuels and vegetative growth from structures shall be per sections 604.7.1 through 604.7.4 of this code.
6) Section 604.7.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.7.1 Structures. Any person owning, leasing, controlling, operating, or maintaining any building or structure in, upon, or adjoining any FHSZ, governed by this section, and any person owning, leasing, or controlling any land adjacent to such buildings, shall at all times maintain around and adjacent to such building, an Item Number: 3.

effective firebreak made by removing and clearing away, all combustible material on their property for a distance not less than 100 feet from all portions of the building.

Distances may be increased by the Fire Code Official due to a site-specific analysis based on local conditions and when required, based on a Fire Protection Plan. This section shall not apply to single specimens or stands of protected species of trees, Ornamental Landscape or similar plants used in landscaping and ground covers, that are well-pruned, maintained, and spaced, and do not form a means of rapidly transmitting fire from other nearby vegetation to a structure or from a structure to other nearby vegetation or to interrupt the advance of embers toward a structure. 7) Section 604.7.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.7.2 Timing for new buildings and additions to existing buildings. The provisions of Section 604.7 shall be completed prior to vertical construction of any New Building or addition to an Existing Building.
8) Section 604.7.3 is added to the California Wildland-Urban Interface Code to read as follows:
604.7.3 Photovoltaic Systems. The clearance requirements around freestanding photovoltaic systems and equipment shall comply with the following:

1. A minimum 10-foot clearance for clusters of panels not exceeding 1,500 square feet of combined panel area.

2. A minimum of 30-foot clearance for clusters of panels greater than 1,500 square feet of combined panel area.

3. Clusters shall be separated by a minimum of 20 feet.

4. Panels and clusters shall be not located within 30 feet of any Building subject to clearance requirements of Section 604 unless the clearance requirements of Section 604 are provided as measured from the perimeter of the panel or cluster. 9) Section 604.8 is added to the California Wildland-Urban Interface Code to read as follows:
604.8 Defensible Space clearance zones and requirements. The required 100-foot Defensible Space clearance is identified in three (3) distinct zones: Zone 0, 1, and 2. 10) Section 604.8.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.1 Requirements. Defensible Space shall be in accordance with the requirements of Appendix A of this code, Riverside County Fire Department Item Number: 3.

Guidelines and the specific requirements for each zone listed in Sections 604.8.2 through 604.8.5.
11) Section 604.8.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.2 Zone 0 purpose and location. Zone 0 reduces the likelihood of structure ignition by reducing the potential for direct ignition of the structure from flame contact, by embers that accumulate at the base of a wall, and/or indirect ignitions when embers ignite vegetation, vegetative debris, or other combustible materials located close to the structure that result in either a radiant heat and/or a direct flame contact exposure to the structure.

Zone 0 is the horizontal area within the first five (5) feet around the structure, including stairs, balconies, attached or adjacent decks, and outbuildings. Zone 0 is measured from the edge of a structure, attached or adjacent decks, patio covers, balconies, and floor projections above-grade. Zone 0 also includes the area on the roof of a building, and underneath and on top of attached decks, patio covers, balconies, and stair landings.

Advisory Notice: Riverside County Fire Department has local Zone 0 requirements currently in effect for new Buildings and additions to existing Buildings. New State regulations for Zone 0 are currently under development by the State Board of Forestry and Fire Protection. Any State regulation more restrictive than this code shall apply. This may require thinning and/or removal of plants, trees, and vegetation to meet State Law and regulations. 12) Section 604.8.2.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.2.1 Non-Combustible Zone 0 for New Buildings, additions to Existing Buildings, and new or replacement landscape. Fuels, including Combustible Materials and vegetation, are prohibited in Zone 0 for all New Buildings, additions to Existing Buildings, installation of new landscape, and refurbishment of existing landscape areas.

The application date of Section 604.8.2.1 shall be the later application date when any of the following occur:

1. Fire Department Clearance for a New Building or addition to an Existing Building.

2. Building permit for a New Building or addition to an Existing Building.

Item Number: 3.

3. Landscape plans submitted for Riverside County Fire Department review.

4. Replacement of landscape when landscape plans are not required. 13) Section 604.8.2.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.2.2 Additional requirements in Zone 0.

1. New and existing tree canopies are prohibited within 10 feet of New Buildings, including the addition portion to Existing Buildings.

Exception: Existing protected oak trees shall be trimmed to provide a minimum 5-foot clearance above the roof and 5 feet to the side of any New Building, or the addition portion to an Existing Building.

2. Landscaped roofs are prohibited.

3. Vegetation underneath decks is prohibited.

4. Other Combustible Materials underneath any deck, not part of the deck structure itself, shall be removed.

5. Artificial or synthetic grass is prohibited within Zone 0.

6. Vines and climbing plants are not allowed on structures, including decks, patio/shade structures, and any fences within 5 feet of a Building.

7. Combustible mulch and wood chips are prohibited.

8. Firewood is prohibited.

9. All fencing and gates shall be non-combustible. See Section 604.11. 14) Section 604.8.2.3 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.2.3 Zone 0 requirements for Existing Buildings.
15) Section 604.8.2.3.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.2.3.1 Zone 0 restrictions. The following requirements apply within Zone 0 for all Existing Buildings with landscape installed prior to January 1, 2026:

1. No combustible landscape mulch or wood chips.

2. No firewood.

3. No vegetation underneath decks.

4. Other Combustible Materials underneath any deck, not part of the deck structure itself, shall be removed.

5. Roofs and gutters on Buildings shall be maintained free of any leaves, needles, or other vegetative Combustible Materials.

Item Number: 3.

6. The vertical clearance distance for trees and vegetation above any roof shall be not less than 3 feet.

7. A minimum 3-foot clearance of trees and vegetation shall be provided to the side and above any eave or roof projection from the exterior wall of a Building. A minimum 3-foot clearance of trees and vegetation shall be provided below any eave or roof projection. This requirement also applies to any patio cover or other Building projections.

8. New trees are not allowed.

9. New or replacement landscaping shall comply with Sections 604.8.1, 604.8.2.1, and 604.8.2.2.
16) Section 604.8.3 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.3 Zone 1 purpose and location. Zone 1 reduces the likelihood of fire burning directly to the structure. This is accomplished by modifying Fuels and creating a discontinuity between planting groups that limits the pathways for fire to burn to the structure and reduces the potential for near-to-building ember generation and radiant heat exposures. An additional purpose of this zone is to provide a defendable area for fire personnel to stage and take direct action.

Zone 1 is the area within 5-30 feet of structures and decks, with slopes not greater than 20 percent; 5-50 feet from Buildings and decks, when slopes are greater than 20 percent.
17) Section 604.8.3.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.3.1 Requirements and allowable items. This is a minimal planting zone which includes very limited trees of a fire-smart type with additional spacing provided. Plants and other vegetation shall be in accordance with Appendix A of this code and Riverside County Fire Department Guidelines.
18) Section 604.8.4 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.4 Zone 2 purpose and location. Zone 2 is designed to reduce the potential behavior of an oncoming fire in such a way as to drop an approaching fire from the crown of trees to the ground, reducing the flame heights, and the potential for ember generation and radiant heat exposure to structures. Additional benefits of the Zone 2 Item Number: 3.

include facilitating direct defense actions and improving the function of Zones 0 and

1. Zone 2 is the area from the outer edge of Zone 1 to 100 feet from structures and decks.
19) Section 604.8.4.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.4.1 Requirements and allowable items. Plants and other vegetation shall be in accordance with Appendix A of this code and Riverside County Fire Department Guidelines.
20) Section 604.8.4.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.4.2 Spacing. Spacing of vegetation and trees at the outer edge of Zone 2 shall be based upon the height of the vegetation within Zone 2 or the adjacent area beyond the 100-foot zone, whichever provides for the greater spacing. This may require clearance outside the 100-foot zone or setting back vegetation and trees within Zone 2 away from the 100-foot line.
21) Section 604.8.5 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5 General requirements for Zone 0, 1, and 2.
22) Section 604.8.5.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.1 Dead and dying vegetation. All dead or dying grass, plants, shrubs, trees, branches, leaves, weeds, and tree needles shall be removed. 23) Section 604.8.5.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.2 Mulch and wood chips within Zones 1 and 2. Use of combustible Mulch and wood chips shall be in accordance with the requirements Riverside County Fire Department Guidelines.
24) Section 604.8.5.3 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.3 Firewood. See Section 607.
25) Section 604.8.5.4 is added to the California Wildland-Urban Interface Code to read as follows:

Item Number: 3.

604.8.5.4 Clearance from chimney, stovepipe. Any portion of a tree or shrub that extends within 10 feet horizontally or vertically of a chimney outlet or stovepipe outlet shall be removed.
26) Section 604.8.5.5 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.5 Trees. New trees shall be planted and maintained so that the tree’s drip line at maturity is a minimum of 10 feet from any combustible structure. 27) Section 604.8.5.5.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.5.1 Tree spacing. The horizontal distance between crowns of new trees and crowns of adjacent trees shall not be less than 20 feet in Zone 1 and not less than 10 feet in Zone 2. Separation distance may be increased for slopes exceeding 20 percent.

Required spacing is measured between trees at maturity. 28) Section 604.8.5.5.2 is added to the California Wildland-Urban Interface Code to read as follows:
29) 604.8.5.5.2 Ground clearance of trees. Trees exceeding 6 feet in height shall be limbed up from the ground 6 feet or 1/3 the height of the tree, whichever is less.

Exception: Fruit trees when approved by the Fire Code Official. 30) Section 604.8.5.5.3 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.5.3 Ground cover under tree canopy. When approved ground cover and shrubs are located underneath trees, the vertical clearance to the lowest branch of the tree canopy shall not be less than three times the height of the ground cover or shrub under or adjacent to the tree. The horizontal clearance shall be 3 feet from the trunk of the tree.
31) Section 604.8.5.6 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.6 Continuous tree canopies.
32) Section 604.8.5.6.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.6.1 New Structures. Continuous tree canopies are not allowed. Tree spacing shall be in accordance with Riverside County Fire Department Guidelines. 33) Section 604.8.5.6.2 is added to the California Wildland-Urban Interface Code to read as follows:

Item Number: 3.

604.8.5.6.2 Existing Structures. Continuous tree canopies may be allowed as determined by the Fire Code Official but will require the complete removal of any understory and smaller trees to meet requirements for a shaded fuel zone. Any remaining trees shall be limbed up a minimum of 12 feet from the ground or 1/3 the tree height, whichever is less. The intent is to not allow a crown (canopy) fire to spread unchecked to a structure and to bring any crown fire down to the ground level prior to Zone 1.
34) Section 604.8.5.7 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.7 Grasses. Natural or annual grasses shall be mowed to a maximum height of 4-inch stubble with clippings removed.
35) Section 604.9 is added to the California Wildland-Urban Interface Code to read as follows:
604.9 Fire protection equipment and utilities. The clearance requirements of Sections 604.7 and 604.8 shall apply to communication site towers and their support Buildings; required fire protection water supplies, including water tanks, water supply pumps, and pump houses; and any other utility Structure as required by the Fire Code Official. The Fire Code Official may consider a reduced distance, not less than 30 feet, for communication site towers, water tanks, and Structures with no interior space, based upon a site risk assessment. Also see Appendix A. 36) Section 604.10 is added to the California Wildland-Urban Interface Code to read as follows:
604.10 Planting vegetation under or adjacent to energized electrical lines. No vegetation shall be planted under or adjacent to energized power lines that, at maturity, will grow within 10 feet of the energized conductors. 37) Section 604.11 is added to the California Wildland-Urban Interface Code to read as follows:
604.11 Fencing.
38) Section 604.11.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.11.1 Scope. This section only applies to fences, including gates within the fencing, within 5 feet of Building(s), including Decks, (Zone 0) that are in an applicable Fire Hazard Severity Zone req by Chapter 6 of this code.

Item Number: 3.

39) Section 604.11.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.11.2 New fencing. New fencing and gates shall be constructed of a noncombustible material. 40) Section 604.11.3 is added to the California Wildland-Urban Interface Code to read as follows:
604.11.3 Existing fencing. Fencing installed prior to January 1, 2026, may remain.

Exception: The entire fencing not parallel and within 5 feet of the Building, including gates within the fencing, shall be constructed of a non-combustible material when any portion of the existing fencing within 5 feet is being replaced. Fencing beyond 5 feet from the Building is not required to be replaced with non-combustible material.

L. STORAGE OF FIREWOOD AND COMBUSTIBLE MATERIALS.
1) Section 607.1 of the California Wildland-Urban Interface Code is amended to read as follows:
607.1 General. Firewood and combustible materials shall not be stored in unenclosed spaces beneath Buildings or Structures, or on Decks or under eaves, canopies, or other projections or overhangs. Firewood piles shall be located 30 feet (9144 mm) or more from structures unless completely covered by a fire-resistant material. Exposed wood piles located within the defensible space shall have a minimum clearance of 10 feet (3048 mm) down to bare mineral soil in all directions. Firewood shall not be stored within Zone 0.
2) Section 607.1.1 of the California Wildland-Urban Interface Code is amended to read as follows:
607.1.1 Combustible Materials. Combustible Materials, other than vegetation, stored within Zones 1 and 2 shall not be stored so as to pose a hazard to any Building.

Piles shall not exceed 100 square feet of area and a maximum height of 10 feet. Piles shall be separated by a minimum of 20-foot clear area.
3) Section 607.2 of the California Wildland-Urban Interface Code is amended to read as follows:
607.2 Storage for off-site use. Firewood and Combustible Materials not for consumption on the premises shall not be stored within Zones 0, 1, and 2. See Appendix A for storage requirements.

M. BUILDING SITING AND SETBACKS
Item Number: 3.

1) Section 608.1.1 is added to the California Wildland-Urban Interface Code to read as follows:
608.1.1 Restricted development setbacks. New Structures and additions to existing Structures shall not be constructed less than 100 feet from any protected habitat, whether on the same or adjacent Parcels, where the 100- foot Defensible Space required under Section 604.7 cannot be provided, unless an alternate method of construction and protection is provided that can ensure the safety of the Structure and emergency responders as approved by the Fire Code Official. Protected habitat includes lands restricted from brush clearance or modification due to Federal or State listed endangered species. Protected habitat does not include sensitive habitat areas.
2) Section 608.2 of the California Wildland-Urban Interface Code is amended to read as follows:
608.2 General. All parcels shall provide a minimum 30-foot (9144 mm) setback for all buildings from property lines and the center of a road, except as provided for in Section 608.2.1. [CCR T14 §1276.00(a)] This section applies to new Tract and Parcel maps, new Buildings, and additions to Existing Buildings.

3. Section 608.2.1 of the California Wildland-Urban Interface Code is amended to read as follows:
608.2.1 Setback reduction. A reduction in the minimum setback shall be based upon practical reasons, which may include but are not limited to, parcel dimensions or size; topographic limitations; Development density requirements or other Development patterns that promote low-carbon emission outcomes; sensitive habitat or other site constraints, and shall provide for an alternative method to reduce structure-to-structure ignition by incorporating a combination of features such as, but not limited to:

1. Non-combustible block walls or fences; or

2. Non-combustible material extending 5 feet (1524 mm)
horizontally from the furthest extent of the building; or

3. Hardscape landscaping; or

4. A reduction of exposed windows on the side of the structure with setback less than 30 feet (9144 mm). [CCR T14 §1276.01] Item Number: 3.

N. RIDGELINES, FUEL BREAKS, AND GREENBELTS.

1. Section 609.2.7.1 is added to the California Wildland-Urban Interface Code to read as follows:
609.2.7.1 Greenbelts. Subdivisions and other developments, which propose Greenbelts as a part of the development plan, shall locate the Greenbelts strategically, as a separation between wildland fuels and Structures. The locations shall be approved by the inspection authority.

2. Section 609.2.7.2 is added to the California Wildland-Urban Interface Code to read as follows:
609.2.7.2 Access to Greenbelts. A minimum of one (1) access point shall be provided to new Greenbelts at an approved location to allow for ongoing maintenance and firefighter access. Additional access points shall be provided when required by the Fire Code Official.

O. APPENDIX A
1) Section A102.1 of the California Wildland-Urban Interface Code is amended to read as follows:

A102.1 General. Vegetation control shall comply with Sections A102.2 through A102.4 and with Chapter 6.
2) Section A105.1 of the California Wildland-Urban Interface Code is amended to read as follows:

A105.1 General. In addition to the requirements of the California Fire Code, California Wildland-Urban Interface Code Chapter 6, and the Desert Hot Springs Municipal code - storage and use of the materials shall be in accordance with Sections A105.2 through A105.4.2. 3) Section A105.4 of the California Wildland-Urban Interface Code is amended to read as follows:

A105.4 Combustible Materials. Outside storage of Combustible Materials such as, but not limited to, wood, rubber tires, building materials, or paper products shall comply with the other applicable sections of this code and this section. Storage of pallets shall be in accordance with California Fire Code, Section 2810. Storage and processing of wood chips, hogged materials, fines, Compost, Compostable Material, Mulch, solid biomass, raw product, and combustible yard waste Item Number: 3.

and recycle material shall be in accordance with California Fire Code, Section 2808.

Item Number: 3.

Attachment A
1 FINDINGS/JUSTIFICATIONS
Changes and modifications to the California Building Standards Code adopted by the City of Desert Hot Springs, as recommended by the Building Official, the Design and Development Director, and the Riverside County Fire Marshal are hereby found to be reasonably necessary due to the following general findings of local conditions:

I. Climatic Conditions:

A. The City of Desert Hot Springs is located in Riverside County 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 70 M.P.H. or greater, are common to the area. Examples are: Santa Ana/ Foehn winds, afternoon surface-heating generated winds, and prevailing desert winds.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 Desert Hot Springs occasionally experiences periods of significant drought, the County can also experience periods of substantial rainfall. When experiencing 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 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 10 million over the next quarter of a century with 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 50 to 75 percent.

II. Topographical conditions:

Item Number: 3.

Attachment A
2 A. Natural: 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.

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 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 5 minute goal.

IV. Other Conditions:

A. Additional amendments are found to be either administrative or procedural in nature or concern themselves with subjects not covered in the California Building Standards Code.

These changes include provisions making the California Building Standards Code compatible with other codes enforced by the City.
2025 California Fire Code (CFC) Amendments
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 Board of Supervisors finds that the following table sets forth the 2025 California Fire Code sections that have been modified Item Number: 3.

Attachment A
3 and the associated local climatic, geological and/or topographical conditions described above supporting the modification.
2025 FIRE CODE

SECTION TITLE/SUBJECT FINDINGS I, II, III
101.1 Title Administrative
101.4 Severability Administrative
102.5 Application of the residential code I, II & III
102.13.1 Application of the California Wildland-Urban Interface Code Administrative 104.1.1 Authority of the Fire Chief and Fire Department Administrative 104.2 Determination of Compliance Administrative
104.8 and 104.8.1 Liability Administrative
104.12 Authority of the Fire Chief to close hazardous fire areas Administrative 108.2 Fees Administrative
108.7 Cost Recovery Administrative
112.1 Board of Appeals established Administrative
113.4 Violation and Penalties Administrative
202 Fire Chief Administrative
308.1.7 Sky Lanterns and similar devices I, II & III
503.1.2.1 Remoteness I, II, & III
503.2.1 Dimensions Administrative
503.2.2 Authority Administrative
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 Fire command center – General I, II & III
508.1.1 Fire command center – Location and access I, II & III 508.1.3 Fire command center - Size I, II & III
509.2.1 Minimum clearances I & III
608.11.1.2 Manual operation II & III
903.2 Where required (automatic sprinkler systems) I, II & III 903.3.5.3 Hydraulically calculated systems I & II
904.2.2.1 Activation of the Fire Alarm System I, II & III 3206.4.2 General Fire Protection and Life Safety Features Administrative 4107 Mobile Food Preparation Vehicles I, II & III
4107.1 Mobile Food Preparation Vehicles - General I, II & III 4107.2 Maintenance I, II & III
4107.2.1 Exhaust system I, II & III
4107.2.2 Fire protection systems and devices I, II & III 4107.2.3 Fuel gas systems I, II & III
5608.2 Fallout Area I, II & III
B103.2.1 Wildland-Urban Interface Area Subdivisions I, II & III Table B105.2 Buildings other than one- or two-family dwellings I, II & III C103.1 Fire hydrant location I, II & III
2025 CFC Local Amendment Justification/Statement of Reason Building Standards Law allows local amendments in accordance with the following:

Item Number: 3.

Attachment A
4 For purposes of this subdivision, a city may make reasonably necessary modifications to the requirements, adopted pursuant to Health and Safety Code Section 17958, 17958.5, 17958.5, 17958.7, and 18941.5, contained in the provisions of the code and regulations on the basis of local conditions.

CFC Chapter 1 – Scope and Administration:

Section 101.1: This section is new. This section identifies the “Desert Hot Springs Fire Code” Section 101.4: This section is carried over from the existing Ordinance. This section resolves any conflict with the fire code provisions. Desert Hot Springs maintains its own severability clause and does not adopt the fire code text.

Section 102.5: This section is carried over from the existing Ordinance. The scope and application of the fire code needs to be expanded to apply to the fire sprinkler systems for accessory structures constructed under the 2025 California Residential Code (CRC) which are permitted to exceed 3,600 square feet in area. This existing modification maintains the applicability of the 2025 California Fire Code (CFC) Section 903.2 amendment to those accessory structures greater than or equal to 3,600 square feet in area. This has no change in intent for Ordinance and maintains the protection offered.

Section 102.13.1: New section added to Section 102.13 to clarify Where a conflict exists between the provisions of the Desert Hot Springs Fire Code and the California Wildland-Urban Interface Code, the provisions of the Fire Code shall apply.

Section 104.1.1: This section is carried over from the existing Ordinance. It is imperative that enforcement capability be disseminated to other law enforcement entities within the Desert Hot Springs area because of its vast topography and diversity. This gives the Riverside County Fire Department greater enforcement capabilities due to the presence of these other agencies across the County of Riverside and City of Desert Hot Springs.

Section 104.2: New amendment to Section 104.2 to clarify that “Guidelines” may be created to render interpretations of the Fire Code and shall be enforceable as part of the code.

Section 104.8 and 104.8.1: This section is carried over from the existing Ordinance to resolve any conflict between state law and the fire code provisions.

Section 104.12: This section is carried over from the existing Ordinance and grants authority to the Fire Chief, in cooperation with the Board of Supervisors, to close hazardous fire areas.

Section 108.2: This section is carried over from the previous Ordinance and relocated to the fees section of the Fire Code Section 108.2. This amendment is necessary to identify that fees are in accordance with Desert Hot Springs fee schedules.

Section 108.7: This section is carried over from the previous Ordinance and relocated to the fees section of the fire code. Language has been updated to be more consistent throughout the services of the Riverside County Fire Department. This section is maintained in accordance with California Health and Safety Code 13009 and 13009.1, and Government Code 53150, et seq. for cost recovery.

Section 112.1: This section is carried over from the existing Ordinance to identify the board of appeals and additional criteria for clarification and implementation. The existing modifications to this section are consistent with California Health and Safety Code 17920.5 where no board of appeals exists. This section provides for the ability to create a Board of Appeals as needed.

Section 113.4: This section is carried over from the existing Ordinance section 112.4 and relocated to this section to resolve any conflict with the fire code provisions. The Ordinance requires punishments and penalties for violations to be in accordance with Health and Safety Code Sections 17995 through 17995.5.

Item Number: 3.

Attachment A
5 CFC Chapter 2 – Definitions:

Fire Chief: This definition is carried over from the previous Ordinance. This definition was added to designate that this term means the Fire Chief of Riverside County whenever the wording appears in the California Fire Code or this Ordinance. This is to distinguish obligatory authority to the Fire Chief or any of the designated representatives for fire prevention measures and declarations in enforcing this Ordinance.

CFC Chapter 3 - General Requirements
Section 308.1.7: This section is carried over from previous Ordinance. This section is amended to prohibit sky lanterns and similar devices. The California State Fire Marshal's office issued Information Bulletin 12-005 indicating that there is a serious fire and safety hazard associated with sky lanterns, which include the potential to start an unintended fire on or off the property from which they are released. They are known to travel significant distances from the point of release. The National Association of State Fire Marshals Resolution 2013-3 recommends imposing State level bans on their sale and use. Multiple fires have been reported to be linked to the use of sky lanterns including, but not limited to, a recycling plant fire in Smethwick, England which caused approx. $9M in damage and a wildfire in Shell Beach on the mountain above Pirates Code in San Luis Obispo County, CA. This is similar to the existing amendment by Orange County Fire Authority.

CFC Chapter 5 – Fire Service Features
Section 503.1.2.1: This is a new section added to be consistent with the operational needs where two points of fire access are required as identified in the Riverside County Fire Department – Commercial Access Guidelines and is consistent with Appendix D of the International Fire Code.

Section 503.2.1: This section is carried over from the previous Ordinance. This correlation of the fire code is necessary for minimum fire apparatus access widths for firefighter operations and consistency throughout Desert Hot Springs. This modification has no change in regulatory effect.

Section 503.2.2: This section is carried over from the previous Ordinance. This section is enhanced to specify who has the authority to designate Fire Lanes/Fire Apparatus Access Roads and modify minimum widths.

Section 503.6.1: This section is carried over from the previous Ordinance. This section provides fire department and other emergency responders with rapid access to facilities with motorized gates.

Underwriters Laboratory (UL) determined that fires today are more dangerous and pose more risks than in the past. Fire propagation is faster, and time to flashover, escape times and collapse times are all shorter” (UL Fire Safety Journal Issue 1). Placing our first responders on scene sooner or without disruption will provide for greater occupant and firefighter safety and assist in property protection and medical emergencies.

Section 503.7: This section is carried over from the previous Ordinance. This section provides additional width for apparatus access roads where utilized for loading/unloading or passenger drop off/pick up to prevent interference with operational access needs.

Section 507.5.7: This section is carried over from the previous Ordinance. This section provides for the size and quantities of outlets for residential standard, super hydrant standard, and super hydrant enhanced fire hydrants and that they shall be required as determined by the Fire Code Official.

Section 507.5.8: This section is carried over from the previous Ordinance. The section provides direct references to Riverside County Fire Department Guidelines for specific requirements for the installation of blue reflective markers for fire hydrants.

Sections 508.1, 508.1.1, and 508.1.3: These sections are carried over from the previous Ordinance.

These sections have been amended to require fire command centers for structures larger than 300,000 square feet in size. To put into context, the Fire Command Center would be triggered when the buildings Item Number: 3.

Attachment A
6 are approximately 2.5 times the typical Costco Warehouse store and approximately two times the size of a typical Walmart Supercenter. Large structures of this size pose numerous challenges to emergency responders due to the large amounts of fuel loads from the storage, manufacturing and/or processing of flammable/combustible commodities and other processes within the building. Challenges include wide distribution of smoke throughout the structure, difficulty for firefighters to locate and reach the fire and difficulty in search and evacuation of the public, employees and firefighters. These structures typically require numerous fire protection, early suppression and detection systems that may include, but are not limited to, fire pumps, multiple fire sprinkler systems, advanced fire alarm systems, smoke control systems, and refrigeration gas detection system(s). During a fire, the incident commander must have the ability to readily identify the status of the various suppression and detection systems and have access to other building information details that may include, but are not limited to, building floor plans, highpile/rack storage details, smoke control/ventilation systems, fire sprinkler zoning details, mechanical refrigeration equipment and piping details, and hazardous materials data sheets along with quantities and storage/use locations. A fire command center provides a centralized location for the incident commander to review details about the building and the incident and to effectively coordinate emergency responders and suppression activities with increased efficiency and speed. The Riverside County Fire Department has experienced several incidents in buildings with and without Fire Command Centers. Incident Commanders found that having detailed information on built in fire protection systems and controls, building schematics and hazardous materials storage plans were vital towards mitigating the event.

When this information was not available, firefighting personnel were forced to operate upon assumptions and much less information. In addition, this increased efficiency and speed results in facilities returning to operation more expeditiously after incidents or false alarms thereby reducing loss of revenue for the business.

Section 509.2.1: This section is carried over from the previous Ordinance. This section encompasses other exterior fire protection water supply appliances such as Fire Department connections, and other exterior fire protection system control valves, or any other exterior fire protection system component that may require immediate access.

CFC Chapter 6 – Building Services and Systems
Section 608.11.1.2: This section is carried over from the previous Ordinance. This section specifies the location of manual crossover valves when manual operation is required by the Fire Code Official. The amendment specifies that 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. This is to ensure that the valves are in readily accessible location(s) for access during an emergency.

CFC Chapter 9 – Fire Protection and Life Safety Systems Section 903.2: This section is carried over from the previous Ordinance with modification. Modifications have been made to provide certain exemptions including, but not limited to, fueling canopies and agricultural and greenhouse Group U structures constructed in accordance with the California Building Code and specific shade structures. An additional sprinkler requirement has been added to include changes in use to existing structures greater than 3,600 sq. ft., and additions to existing structures where the new square footage is greater than 3,600 sq. ft.

The existing amendment provides a base square footage requirement for all new commercial, industrial, and residential occupancies other than one- and two-family dwellings. Though the amendment includes a reference to the requirement for one- and two-family dwellings, the authority for residential fire sprinkler requirements for these occupancies resides in Title 24, Part 2.5 [2025 California Residential Code].

Automatic sprinkler systems have been successfully used to protect industrial and commercial buildings and their occupants for more than 100 years. Historically the place which has offered the least amount of fire protection to occupants was and still is their own home. This was brought to light in 1973 by the Report of the National Commission on Fire Prevention and Control, America Burning. At the time of the report approximately 8,000 people died in structure fires every year in the United States. Nine out of ten of those victims died in their home.

Item Number: 3.

Attachment A
7 However, the U.S. Fire Administration report “Fire in the United States 2004–2013 17th edition” reflects that nonresidential fire losses are costly. “National estimates of nonresidential building fires and losses, from 2004 to 2013, annually accounted for only 7 percent of fires, 2 percent of deaths, and 8 percent of injuries. These properties, however, accounted for a disproportionately large annual dollar loss, 21 percent. Trends in nonresidential buildings showed a 14 percent decrease in fires, a 9 percent increase in deaths, a 7 percent increase in injuries, and a 10 percent decrease in dollar loss from 2004 to 2013.” The same report concluded “…that, overall, the fire problem in the U.S. continues to improve. Ten-year fire loss rates are down. It is likely that several factors continue to contribute to these trends…” which includes; "fire sprinklers, which quickly combat incipient fires, especially in nonresidential and multifamily buildings, and fire codes, which have been strengthened.” Furthermore, the report reflects that the nonresidential building category includes industrial and commercial properties, institutions (such as hospitals, nursing homes and prisons), educational establishments (from preschool through university), mobile properties, and storage properties. On average, about 89 percent of nonresidential structure fires, 88 percent of deaths, 91 percent of injuries, and 92 percent of dollar losses reported to National Fire Incident Reporting System from 2004 to 2013 occurred in nonresidential buildings.

Aside from firefighter and explosion fatalities, there has never been a multiple loss of life in a fully sprinklered building due to fire or smoke. All fire protection features have a reliability factor. Walls and shafts can be breached by means of poke-throughs and building alterations. Exit doors can be blocked or locked.

The California Residential Code requires that all one and two family dwellings be protected by sprinklers.

It is still imperative, based on the geographical, topographical, climatic diversity of Desert Hot Springs, to continue to protect all structures greater than 3,000 sq. ft. by fire sprinklers, to ensure faster fire suppression/control to those occupancies that would not normally be required to be protected which would exhaust a number resources including water which climatically is so precious to our environment as a whole. It will provide for less run off into ground water due to suppression activities and less pollutants into the environment. It will reduce the risk of a structure fire extending outside of the structure and potentially igniting a wildland fire.

Mobile homes are a part of the American landscape. In 2007 alone, more than 95,000 manufactured homes were shipped nationwide. Manufactured housing also accounts for approximately 10 percent of the single-family structures in the United States. The National Fire Protection Association reports in 2007-2011, 11,400 structure fires per year were reported in manufactured homes, with associated losses of; 206 civilian deaths, 434 civilian injuries, and $179 million in direct damage per year nationally. Despite the fact that we drive by them, respond to medical calls in them, and sometimes live in them, we often overlook mobile homes when it comes to training and pre-fire planning. However, as the deaths of two firefighters in Craigsville, West Virginia, showed, mobile homes can pose significant, and sometimes deadly, challenges. The burning mobile home is a less-than-stable platform, making search and possible rescue of occupants even more dangerous. The exterior walls are not as structurally sound when compared with those of most site-built homes. The narrow halls complicate search. The roof burns through more quickly than a typical residential roof and is not safe for firefighters. Mobile home fires can quickly grow out of control, because there's not as much wallboard and drywall, and there are fewer walls to keep the fire from spreading. If the first-due engine pulls up and the mobile home is burning from end to end, the firefighting strategy has already been decided. The fire must be knocked down in order to move in. If the home is in a mobile home park, again, protecting exposures is vital. Radiant heat can ignite the homes nearby. Fire sprinklers can prevent the flashover from occurring and in many cases put the fire out and save valuable resources in the process, such as water, personnel, and environmental cleanup, limited displacement into City and County shelter(s), and less inconvenience to the family. The mobile home, because of its construction, requires fast water.

The record for automatic fire sprinklers is based on the simple fact that there has never been a multiple death of building occupants from a fire developing in a building protected by an automatic fire sprinkler system properly installed and maintained in accordance with nationally recognized standards (NFPA 13, 13D, 13R, and NFPA 25).

Item Number: 3.

Attachment A
8 AWWA Research Foundation has published the following report: Impact of Fire Flow on Distribution System Water Quality, Design, and Operation. This report concludes the following:
“Water-efficient fire suppression technologies exist that use less water than conventional standards. In particular, the universal application of automatic sprinkler systems provides the most proven method for reducing loss of life and property due to fire, while at the same time providing faster response to the fire and requiring significantly less water than conventional fire-fighting techniques. It is recommended that the universal application of automatic fire sprinklers be adopted by local jurisdictions.” Consider the benefits: a single firefighter using a normal 1-1/2” fire hose can be applying between 175- 400 gallons of water per minute when attempting to extinguish a fire. On the other hand, a single fire sprinkler will be flowing only 18- to 40- gallons of water per minute. This means that over a 5-minute period, the following quantities of water are used:

Fire-fighter with 1-1/2” hose:
175 gpm x 5 minutes = 875 gallons of water
400 gpm x 5 minutes = 2,000 gallons of water
Fire sprinkler system:
18 gpm x 5 minutes = 90 gallons of water
40 gpm x 5 minutes = 200 gallons of water
Section 903.3.5.3: This section is carried over from the previous Ordinance. The section limits all hydraulically calculated fire sprinkler systems to not exceed 90% of the water supply capacity. The 10% buffer in hydraulic calculation is a common engineering business practice that gives some flexibility to account for system water pressures that may decrease as additional demands are placed on the water system from additional construction or as the system ages.

Section 904.2.2.1: This is a new section added to the Fire Code to require that all new hood and duct commercial kitchen extinguishing systems are monitored by a central station or remote supervising station to ensure that the fire department is notified and able to respond to a fire.

CFC Chapter 32 – High-Piled Combustible Storage
Section 3206.4.2: This section is carried over from the previous Ordinance and relocated to the automatic sprinkler section within Chapter 32 of the Fire Code. By requiring client leased or occupant owned warehouses to have a technical report completed by a registered engineer, it will minimize problems concerning commodity and sprinkler protection. By having an engineer complete a technical report for the proposed or existing building it will provide greater certainty that adequate protection for the commodities that are proposed will be sufficient. By not having adequate sprinkler protection, it could be detrimental to the building and could also cause loss of life in the event of a fire. Geographically this can be a significant problem due to the seismic activity that Desert Hot Springs experiences. The Engineer can assess the adequate protection for the correct commodity classifications, ensure the correct seismic provisions are in place for the type of system to be installed, and provide a professional assurance to a very volatile type of occupancy. It takes a vast number of resources to extinguish a fire of this type. By adding this requirement, it will ensure an added level of safety. Modifications have been made to provide clarification that certain reference documents are not required.

CFC Chapter 41 – Temporary Heating and Cooking Operations Section 4107: A new Section 4107, including Sections 4107.1 through 4107.2.3 is added to the Fire Code to provide the fire department with the authority to inspect Mobile Food Preparation Vehicles during special events. This section was removed from the CFC due to conflict in regulations, however HCD agrees that there would be an expectation for fire marshals to have jurisdiction over safety inspections (especially for fire protection equipment and systems’ inspections, testing and maintenance), for participating SPCM MFF during special events requiring CFC 105.6 operational permits (such as Item Number: 3.

Attachment A
9 Carnivals and Fairs, Exhibits and Trade Shows, or local codified “Special Events” …). See BSC TP-106 (Rev. 10/20) Initial Statement of Reasons June 21, 2021 Rulemaking File SFM 06/21 – Part 9 – 2021 Triennial Code Cycle.

CFC Chapter 49 - Requirements for Wildland-Urban Interface Fire Areas Section 4904.2.1: This section has been deleted and is covered by the provisions of the California Wildland-Urban Interface Code as adopted and amended.

CFC Chapter 56 – Explosives and Fireworks
Section 5608.2: A new Section 5608.2 is added to the Fire Code to establish a minimum required radius of the fallout area for aerial shells to be 100 ft/in. (22 m/25 mm) of the internal mortar diameter of the largest aerial shell to be fired, unless otherwise approved. This is necessary due to the climatic wind conditions within Desert Hot Springs.

CFC Appendix B – Fire-Flow Requirements for Buildings
Section B103.2.1: A new Section B103.2.1 is added to the Fire Code to establish the minimum fire flow for any new subdivision or tract constructed within a Wildland-Urban Interface Area to be 1,500 gallons per minute to ensure that adequate fire-flow is provided.

Table B105.2 of Appendix B: This amendment is carried over from the previous Ordinance. This allows the fire department to still have adequate fire flow mitigation with sprinkler protection and not jeopardize main distribution systems by inadequately under sizing them and have costly upgrades for future projects.

With the geographical diversity that Desert Hot Springs has it is important that this requirement be added to ensure adequate water in the event of a fire.

CFC Appendix C – Fire Hydrant Locations and Distribution Section C103.1 of Appendix C: This provision is carried over from the previous Ordinance. This provision is to clarify the additional location of fire hydrants to be at intersections. This requirement has been standard policy within Desert Hot Springs and Riverside County.

Item Number: 3.

Attachment A
10 2025 California Wildland-Urban Interface Code (CWUIC) Amendments 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 2025 California Wildland-Urban Interface Code sections that have been modified and the associated local climatic, geological and/or topographical conditions described above supporting the modification.
2025 CWUIC CODE

SECTION TITLE/SUBJECT FINDINGS I, II, III
102.4.1.1 Application of the California Wildland-Urban Interface Code Administrative 104.1.1 Authority of the Fire Chief and Fire Department Administrative 104.2 Determination of Compliance Administrative
104.8 and 104.8.1 Liability Administrative
105.2 Permits Required Administrative
108.2 Schedule of Permit fees Administrative
108.7 Cost Recovery Administrative
109.3.7 Violation and Penalties Administrative
202 Fire Chief Administrative
302.1.1 Designation of Fire Hazard Severity Zones. Administrative 501.1 Scope I, II, & III
602.1 General I, II, & III
602.3.2 Final Fire Protection Plan I, II, & III
603.1 General I, II, & III
603.3 Landscape and Fuel Modification plans I, II, & III 603.3.1 Contents I, II, & III
604.1 General I, II, & III
604.3 Requirements I, II, & III
604.3.1 Retroactivity I, II, & III
604.6 Clearance of brush, vegetative growth, and combustible material from improved parcels I, II, & III
604.7 Clearance of fuels or vegetative growth from structures I, II, & III 604.7.1 Structures I, II, & III
604.7.2 Timing for New Buildings and additions to Existing Buildings I, II, & III 604.7.3 Photovoltaic Systems I, II, & III
604.8 Defensible Space clearance zones and requirements I, II, & III 604.8.1 Requirements I, II, & III
604.8.2 Zone 0 purpose and location I, II, & III
604.8.2.1 Non-Combustible Zone 0 for New Buildings, additions to Existing Buildings, and new or replacement landscape I, II, & III 604.8.2.2 Additional requirements in Zone 0 I, II, & III 604.8.2.3 Zone 0 requirements for Existing Buildings I, II, & III 604.8.2.3.1 Zone 0 restrictions I, II, & III
604.8.3 Zone 1 purpose and location I, II, & III
604.8.3.1 Requirements and allowable items I, II, & III 604.8.4 Zone 2 purpose and location I, II, & III
604.8.4.1 Requirements and allowable items I, II, & III 604.8.4.2 Spacing I, II, & III
604.8.5 General requirements for Zone 0, 1, and 2 I, II, & III 604.8.5.1 Dead and dying vegetation I, II, & III
604.8.5.2 Mulch and wood chips within Zones 1 and 2 I, II, & III 604.8.5.3 Firewood I, II, & III
604.8.5.4 Clearance from chimney, stovepipe I, II, & III Item Number: 3.

Attachment A
11 2025 CWUIC CODE

SECTION TITLE/SUBJECT FINDINGS I, II, III
604.8.5.5 Trees I, II, & III
604.8.5.5.1 Tree spacing I, II, & III
604.8.5.5.2 Ground clearance of trees I, II, & III
604.8.5.5.3 Ground cover under tree canopy I, II, & III 604.8.5.6 Continuous tree canopies I, II, & III
604.8.5.6.1 New Structures I, II, & III
604.8.5.6.2 Existing Structures I, II, & III
604.8.5.7 Grasses I, II, & III
604.9 Fire protection equipment and utilities I, II, & III 604.10 Planting vegetation under or adjacent to energized electrical lines I, II, & III 604.11 Fencing I, II, & III
604.11.1 Scope I, II, & III
604.11.2 New Fencing I, II, & III
604.11.3 Existing Fencing I, II, & III
607.1 General I, II, & III
607.1.1 Combustible Materials I, II, & III
607.2 Storage for off-site use I, II, & III
608.1.1 Restricted development setbacks I, II, & III
608.2 General I, II, & III
608.2.1 Setback reduction I, II, & III
609.2.7.1 Greenbelts I, II, & III
609.2.7.2 Access to Greenbelts I, II, & III
A102.1 General I, II, & III
A105.1 General I, II, & III
A105.4 Combustible Materials I, II, & III
2025 CWUIC Local Amendment Justification/Statement of Reason Building Standards Law allows local amendments in accordance with the following:

For purposes of this subdivision, a city may make reasonably necessary modifications to the requirements, adopted pursuant to the Health and Safety Code Section 17958, 17958.5, 17958.7, and 18941.5, contained in the provisions of the code and regulations on the basis of local conditions.

CWUIC Chapter 1 – Administration:

Section 102.4.1.1: A new section added to the CWUIC to clarify that where a conflict exists between the provisions of the Riverside County Fire Code and the California Wildland-Urban Interface Code, the more restrictive provisions shall apply.

Section 104.1.1: Similar to the existing Ordinance amendment to the Fire Code, this section ensures that enforcement capability be disseminated to other law enforcement entities within the Riverside County area because of its vast topography and diversity. This gives the Riverside County Fire Department greater enforcement capabilities due to the presence of these other agencies across the County of Riverside and City of Desert Hot Springs.

Section 104.2: New amendment to Section 104.2 to clarify that “Guidelines” may be created to render interpretations of the Wildland-Urban Interface Code and shall be enforceable as part of the code.

Section 104.8 and 104.8.1: This amended section is the same as in the Fire Code carried over from the existing Ordinance to resolve any conflict between state law and the fire code provisions.

Item Number: 3.

Attachment A
12 Section 105.2: This new amendment to CWUIC Section 105.2 adds an additional permit item for “Landscape and Fuel Modification Zones.”
Section 108.2: This amended section is similar to the previous Ordinance for the Fire Code. This amendment is necessary to identify that fees are in accordance with Desert Hot Springs fee schedule.

Section 108.7: This new section is similar to the previous Ordinance for the fire code. This section is maintained in accordance with the Health and Safety Code 13009 and 13009.1, and Government Code 53150, et seq. for cost recovery.

Section 109.3.7: This amended section is similar to the previous Ordinance for the fire code provisions.

Ordinance requires punishments and penalties for violations to be in accordance with Health and Safety Code Sections 17995 through 17995.5.

CWUIC Chapter 2 – Definitions:

Section 202: This new amendment is similar to the previous Ordinance for the Fire Code. This definition was added to designate that this term means the Fire Chief of Riverside County whenever the wording appears in the California Fire Code or this Ordinance. This is to distinguish obligatory authority to the Fire Chief or any of the designated representatives for fire prevention measures and declarations in enforcing this Ordinance.

CWUIC Chapter 3 – Wildland-Urban Interface Areas:

Section 302.1.1: New amendment designating the Fire Hazard Severity Zones. The Desert Hot Springs City Council has adopted the recommendations of the State Fire Marshal made pursuant to Government Code section 51178 and designated those areas within Desert Hot Springs as moderate, high, and very high fire hazard severity zones as shown on the Local Responsibility Area Fire Hazard Severity Zones Maps published by the Office of the State Fire Marshal. The Maps have been adopted by Desert Hot Springs as required by statute.

CWUIC Chapter 5 – Special Building Construction Requirements:

Section 501.1: A new amendment clarifying that for the purpose of the special building construction requirements in Chapter 5, a wildland-urban interface area shall be defined as a geographical area identified by the state as a “Fire Hazard Severity Zone” in accordance with the Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, and other areas designated by the enforcing agency to be at a significant risk from wildfires, and shall include those areas designated as high and very high fire hazard severity zones based on recommendations from the State Fire Marshal pursuant to Government Code Section 51178. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

CWUIC Chapter 6 – Fire Protection Requirements:

Section 602.1: A new amendment to Section 602.1 to clarify when a Fire Protection Plan is required. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Item Number: 3.

Attachment A
13 Section 602.3.2: A new amendment to Section 602.3.2 to clarify the items required in a Final Fire Protection Plan. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 603.1: A new amendment to Section 603.1 to include a reference to replacement landscaping.

This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 603.3: A new amendment to Section 603.1 to require Landscape and Fuel Modification Plans for any project in a Wildland-Urban Interface Area. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 603.3.1: A new amendment to Section 603.3.1 adding the requirement for the delineation of the 5-foot (1524 mm) (Zone 0), 30-foot (9144 mm) (Zone 1) and 100-foot (30 480 mm) (Zone 2) fuel management zones from all structures as part of the landscape plans. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.1: A new amendment to Section 604.1 to delete references to State Responsibility Areas (SRA) to include the defensible space requirements within the local responsibility area. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.3: A new amendment to Section 604.3 to include a reference to Appendix A of the CWUIC and Riverside County Fire Department Guidelines.

Section 604.3.1: A new Section 604.3.1 is added to the CWUIC to add a requirement that when required, by the Fire Code Official, or State Law, existing Defensible Space/Fuel Modification Zones (FMZ) shall require retrofitting, including thinning and/or removal of plants, trees, and vegetation, to meet this Code or State Law. Upon notification by the Fire Code Official, and when approved, work to bring an existing Defensible Space and FMZ into compliance with this Code, may be done over a two to four (2-4) year period as determined by the Fire Code Official. A compliance plan prepared by the property owner may be requested for review and approval by the Fire Code Official. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.6: A new Section 604.6 is added to the CWUIC requiring that all improved parcels declared a Public Nuisance shall be cleared entirely of combustible material. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.7: A new Section 604.7 is added to the CWUIC to require clearance of fuels or vegetative growth from structures. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.7.1: A new Section 604.7.1 is added to the CWUIC to specify the requirements for clearance of vegetation around structures located in a Fire Hazard Severity Zone. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.7.2: A new Section 604.7.2 is added to the CWUIC to provide a timeline for the clearance of fuels or vegetative growth from structures. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.7.3: A new Section 604.7.3 is added to the CWUIC to delineate the vegetation clearance requirements around freestanding photovoltaic systems in the wildland-urban interface area. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.8: A new Section 604.8 is added to the CWUIC to indicate the three defensible space zones.

This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Item Number: 3.

Attachment A
14 Section 604.8.1: A new Section 604.8.1 is added to the CWUIC to indicate the code sections for the defensible space requirements. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.8.2: A new Section 604.8.2 is added to the CWUIC to clarify the purpose and location of Zone 0. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.8.2.1: A new Section 604.8.2.1 is added to the CWUIC to delineate the Zone 0 requirements for all new buildings, additions to existing buildings, installation of new landscape, and refurbishment of existing landscape areas. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.8.2.2: A new Section 604.8.2.2 is added to the CWUIC to clarify the vegetation and landscape requirements in Zone 0. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.8.2.3: A new section heading 604.8.2.3 is added to the CWUIC for the Zone 0 requirements for existing buildings. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.8.2.3.1: A new Section 604.8.2.3.1 is added to the CWUIC to clarify the Zone 0 requirements applicable to existing buildings with landscape installed prior to January 1, 2026. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.8.3: A new Section 604.8.3 is added to the CWUIC to indicate the purpose and location of Zone 1. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.8.3.1: A new Section 604.8.3.1 is added to the CWUIC to indicate the requirements and allowable vegetation in Zone 1. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.8.4: A new Section 604.8.4 is added to the CWUIC to indicate the purpose and location of Zone 2. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.8.4.1: A new Section 604.8.4.1 is added to the CWUIC to indicate the requirements and allowable vegetation in Zone 2. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.8.4.2: A new Section 604.8.4.2 is added to the CWUIC to indicate the spacing requirements for trees and vegetation in Zone 2. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.8.5: A new section heading 604.8.5 is added to the CWUIC for the general requirements for Zone 0, 1, and 2. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.8.5.1: A new Section 604.8.5.1 is added to the CWUIC requiring the removal of all dead or dying grass, plants, shrubs, trees, branches, leaves, weeds, and tree needles within Zone 0, 1, and 2.

This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.8.5.2: A new Section 604.8.5.2 is added to the CWUIC requiring the use of combustible mulch and wood chips shall be in accordance with the requirements of Riverside County Fire Department Item Number: 3.

Attachment A
15 Guidelines within Zones 1 and 2. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.8.5.3: A new Section 604.8.5.3 is added to the CWUIC indicating the requirements for firewood within Zones 0, 1, and 2 are found in Section 607 of the code. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.8.5.4: A new Section 604.8.5.4 is added to the CWUIC requiring that any portion of a tree or shrub that extends within 10 feet horizontally or vertically of a chimney outlet or stovepipe outlet shall be removed within Zones 0, 1, and 2. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.8.5.5: A new Section 604.8.5.5 is added to the CWUIC requiring that new trees shall be planted and maintained so that the tree’s drip line at maturity is a minimum of 10 feet from any combustible structure within Zones 0, 1, and 2. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.8.5.5.1: A new Section 604.8.5.5.1 is added to the CWUIC requiring the horizontal distance between crowns of new trees and crowns of adjacent trees shall not be less than 20 feet in Zone 1 and not less than 10 feet in Zone 2 and separation distance may be increased for slopes exceeding 20 percent with the required spacing measured between trees at maturity. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.8.5.5.2: A new Section 604.8.5.5.2 is added to the CWUIC addressing the ground clearance requirements for trees within Zones 0, 1, and 2. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.8.5.5.3: A new Section 604.8.5.5.3 is added to the CWUIC addressing the ground cover under tree canopies within Zones 0, 1, and 2. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.8.5.6: A new section heading 604.8.5.6 is added to the CWUIC to address continuous tree canopies within Zone 0, 1, and 2. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs a.

Section 604.8.5.6.1: A new Section 604.8.5.6.1 is added to the CWUIC prohibiting continuous tree canopies adjacent to new structures within Zones 0, 1, and 2. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.8.5.6.2: A new Section 604.8.5.6.2 is added to the CWUIC to address the requirements for continuous tree canopies adjacent to existing structures within Zones 0, 1, and 2. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.8.5.7: A new Section 604.8.5.7 is added to the CWUIC requiring that natural or annual grasses shall be mowed to a maximum height of 4-inch stubble with clippings removed within Zones 0, 1, and 2. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.9: A new Section 604.9 is added to the CWUIC addressing defensible space requirements around communication site towers and their support buildings; required fire protection water supplies, including water tanks, water supply pumps, and pump houses; and any other utility structure as required by the Fire Code Official within a wildland-urban interface area. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.10: A new Section 604.10 is added to the CWUIC prohibiting vegetation planted under or adjacent to energized power lines that, at maturity, will grow within 10 feet of the energized conductors Item Number: 3.

Attachment A
16 within a wildland-urban interface area. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.11: A new section heading 604.11 is added to the CWUIC to address fencing requirements within a wildland-urban interface area. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.11.1: A new Section 604.11.1 is added to the CWUIC to address fencing requirements within Zone 0 in a wildland-urban interface area. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.11.2: A new Section 604.11.2 is added to the CWUIC to require new fencing and gates to be constructed of a non-combustible material in a wildland-urban interface area. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 604.11.3: A new Section 604.11.3 is added to the CWUIC to allow fencing installed prior to January 1, 2026 in a wildland-urban interface area to remain, except the entire fencing not parallel and within 5 feet of the building, including gates within the fencing, shall be constructed of a non-combustible material when any portion of the existing fencing within 5 feet is replaced. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 607.1: A new amendment to Section 607.1 of the CWUIC to prohibit the storage of firewood within Zone 0. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 607.1.1: A new Section 607.1.1 is added to the CWUIC requiring combustible materials, other than vegetation, stored within Zones 1 and 2 shall not be stored so as to pose a hazard to any building and that piles shall not exceed 100 square feet of area and a maximum height of 10 feet and shall be separated by a minimum of 20-foot clear area when located within a wildland-urban interface area. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 607.2: A new amendment to Section 607.2 of the CWUIC to prohibit the storage of firewood and combustible materials not for consumption on the premises within Zones 0, 1, and 2. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 608.1.1: A new Section 608.1.1 is added to the CWUIC with restricted development setbacks for new structures and additions to existing structures located less than 100 feet from any protected habitat within a wildland-urban interface area. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 608.2: A new amendment to Section 608.2 of the CWUIC expanding the applicability of the required 30-foot setback to new tract and parcel maps, new buildings, and additions to existing buildings within a wildland-urban interface area. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 608.2.1: A new amendment to Section 608.2.1 of the CWUIC deleting the exception of complying with the special building construction requirements as a setback reduction within a wildland-urban interface area, since the structures would already be subject to those requirements. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 609.2.7.1: A new amendment to Section 608.2.7.1 of the CWUIC addressing the approval of greenbelt locations within a wildland-urban interface area. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section 609.2.7.2: A new amendment to Section 608.2.7.2 of the CWUIC addressing the access points to proposed greenbelt locations for subdivisions and other developments within a wildland-urban interface Item Number: 3.

Attachment A
17 area to allow for on-going maintenance and firefighter access. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

CWUIC Appendix A – General Requirements:

Section A102.1: A new amendment to Section A102.1 of the CWUIC adding a reference for vegetation control to Chapter 6 of the Wildland-Urban Interface Code. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section A105.1: A new amendment to Section A105.1 of the CWUIC adding a reference for the storage and use of materials to Chapter 6 of the Wildland-Urban Interface Code. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Section A105.4: A new amendment to Section A105.4 of the CWUIC adding a reference for the outside storage and use of combustible materials to the applicable fire code sections. This amendment is necessary due to climatic, topographical, and geological conditions in Desert Hot Springs.

Item Number: 3.

SR-25-262
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: November 18, 2025
Department: Public Works
Prepared by: Daniel Porras, Deputy City Manager
Subject: Award Professional Services Agreement for the Engineering Design of Bridges Over Water Project
RECOMMENDATION:

Authorize the City Manager to negotiate and executed a Professional Services Agreement between the City of Desert Hot Springs and NV5, Inc. for the design of the Bridges Over Water Project in an amount not to exceed $1,025,884.00 with a contingency of $102,588.40 (10%) for additional work approved by the City, which brings a total design budget of $1,128,472.40.

BACKGROUND:

The Morongo Wash runs diagonal from northwest to southeast across Indian Canyon Drive and Mission Lakes Blvd. The Morongo Wash is not a defined channel, but instead an alluvial fan that crosses the roadways at various locations and causes major flooding to both Indian Canyon Drive and Mission Lake Blvd.

In August 2023, Tropical Storm Hilary resulted in catastrophic flooding along Indian Canyon Drive and Mission Lakes Boulevard due to overflows from Mission Creek and the Morongo Wash. After Tropical Storm Hilary, the Morongo Wash experienced storm flow breakouts which increased storm flow crossings to the roadway and is now causing major flooding.

Following emergency repairs, the City seeks long-term improvements through the Bridges Over Water Project, which includes the following:
•New crossings at Indian Canyon Drive and Mission Lakes Boulevard •Enhancement of the Mission Creek box culvert system; and •Redirection of stormwater away from roadways onto Mission Creek.

The City of Desert Hot Springs is planning critical stormwater and transportation infrastructure upgrades to improve flood safety and year-round roadway access across Indian Canyon Drive and Mission Lakes Boulevard.

In 2022 the City applied and was awarded $2.5 Million in FY23 Community Projects Appropriations Funding through Congressman Dr Raul Ruiz, for the Bridges Over Water Project.

Item Number: 4.

SR-25-262
In 2023, the City applied and was tentatively awarded $850,000 in FY25 Community Projects Appropriations Funding through Congressman Dr Raul Ruiz, for the Bridges Over Water Project.

DISCUSSION:

On August 14, 2025, staff issued a Request for Proposals (RFP) for Civil Engineering Services for the Bridges Over Water Project. The City received five (5) proposals that were evaluated by an evaluation committee consisting of staff and consultants that did not submit a proposal, based on the following criteria;
•Project Understanding and Approach
•Experience and Qualifications
•Scope and Methodology
•Staffing Plan and Availability
•Fee Proposal
After all evaluations, the average scores for each category were summed for a total score for each corresponding consultant which resulted in the following ranking of the firms; Firm Name Proposal Score Total Cost Rank
NV5 95.83 $ 1,025,884.00 1
Dokken 93.33 $ 1,401,165.00 2
Michael Baker
International 84.00 $ 1,395,547.52 3
ERSC 83.67 $ 899,157.90 4
Watearth 74.83 $ 1,360,233.40 5
The evaluation committee found NV5 Inc (NV5) to be most qualified firm for this project and recommends the City Council approve a Professional Services Agreement (PSA) to complete Civil Engineering Services for the Bridges Over Water Project.

Attached you will find the RFP with exhibits and the PSA including NV5’s proposal with scope of work and cost breakdown.

FISCAL IMPACT:

Contract amount is not to exceed $1,025,884.00 with a contingency of $102,588.40 (10%) for additional work approved by the City, which brings a total design budget of $1,128,472.40.

The engineering design of this project will be funded through Development Impact Fees (DIF) Storm Drain.

There is $3,350,000 of grant funding received from Community Project Appropriations Fund the for construction phase of the project.

ATTACHMENTS:

Exhibit 1 - RFP Bridges Over Water
Exhibit 2 - RFP Bridges Over Water Exhibits
Item Number: 4.

SR-25-262
Exhibit 3 - PSA Bridges Over Water - NV5
Exhibit 4 - NV5 Proposal Bridges Over Water Projects
Exhibit 5 - NV5 Cost Proposal Bridges Over Water Projects Item Number: 4.

REQUEST FOR PROPOSALS

BRIDGES OVER WATER PROJECT
Issue Date: August 14, 2025
Proposal Due Date: September 15, 2025, by 5:00 PM
Table of Contents

1. Request for Proposals

2. Introduction / Project Description

3. Requested Services & Scope of Work

4. Proposal Format

5. General Terms and Conditions

6. Attachments
Requesting Department: Public Works Department

1. REQUEST FOR PROPOSALS
The City of Desert Hot Springs is requesting proposals from qualified civil engineering and environmental consulting firms to prepare the full Plans, Specifications, and Engineer’s Estimate (PS&E), secure environmental approvals, and provide construction-phase support services for the Bridges Over Water Project.

CITY OF DESERT HOT SPRINGS

PUBLIC WORKS

ENGINEERING & OPERATIONS
11999 Palm Drive • Desert Hot Springs • CA • 92240
(760) 329-6411• www.cityofdhs.org
Item Number: 4.

2. INTRODUCTION / PROJECT DESCRIPTION
The Morongo Wash runs diagonal from northwest to southeast across Indian Canyon Drive and Mission Lakes Blvd. (See exhibits attached.) The Morongo Wash is not a defined channel, but instead an alluvial fan that crosses the roadways at various locations and causes major flooding to both Indian Canyon Drive and Mission Lakes Blvd.

In August 2023, Tropical Storm Hilary resulted in catastrophic flooding along Indian Canyon Drive and Mission Lakes Boulevard due to overflows from Mission Creek and the Morongo Wash. After Tropical Storm Hilary, the Morongo Wash experienced storm flow breakouts which increased storm flow crossings to the roadway and is now causing major flooding.

Following emergency repairs, the City seeks long-term improvements through the Bridges Over Water Project, which includes:
- New crossings at Indian Canyon Drive and Mission Lakes Boulevard; - Enhancement of the Mission Creek box culvert system; and - Redirection of stormwater away from roadways onto Mission Creek.

The City of Desert Hot Springs is planning critical stormwater and transportation infrastructure upgrades to improve flood safety and year-round roadway access across Indian Canyon Drive and Mission Lakes Boulevard.

These improvements will improve storm resilience, public safety, and regional connectivity.

Construction Funding secured to date:
- $2.5 million – Congressman Ruiz Earmark (2022)
- $850,000 – Congressman Ruiz Earmark (2023)
- Total secured: $3,350,000

3. REQUESTED SERVICES & SCOPE OF WORK

3.1 Scope of Services
This project proposes to evaluate the entire flooded area and construct new crossings at Indian Canyon and Mission Lakes Blvd and redirect the flows away from the roadway and onto Mission Creek to allow for safe and open accessibility through Indian Canyon during rain events.

Item Number: 4.

Design and construction of new crossings at Indian Canyon Drive and Mission Lakes Blvd, and improvements to the box culvert low water crossing at Indian Canyon at Mission Creek, to allow for safe and open accessibility through Indian Canyon Drive during rain events.

The consultant will be responsible for developing detailed and constructible PS&E documents for the Bridges Over Water Project, considering site conditions, utility coordination, and compliance with City standards, accessibility regulations, and water-efficient landscape requirements. These improvements aim to provide year-round access across Indian Canyon Drive and Mission Lakes Boulevard.

The selected consultant shall provide:

1. Preliminary Design & Alternatives Analysis
- Hydrology/hydraulic modeling (Mission Creek, Morongo Wash) - Roadway flood risk assessment
- Environmental baseline studies
- Up to three conceptual design alternatives

2. Environmental Compliance
- Prepare necessary documents to comply with NEPA (Categorical Exclusion or EA)
- Agency coordination (e.g., Caltrans, USACE, FEMA, CVWD, tribal nations) - Public engagement and stakeholder outreach

3. Engineering Design (PS&E)
- Complete design of new crossings at:
• Indian Canyon Drive at Mission Lakes Blvd (box culverts/crossing) • Mission Lakes Blvd east of Indian Canyon drive (box culverts/crossing) • Redirect flows from Indian Canyon at Mission Lakes south to Mission Creek - Construction drawings, technical specifications, and detailed cost estimates - Include road, bridge, drainage, and utility plans
- Address ADA compliance and traffic safety

4. Construction Phase Services
- Respond to RFIs and prepare addenda
- Provide construction engineering support
- Coordinate inspections and materials testing
Item Number: 4.

3.2 Project Development Process

1. Pre-Design Meeting - Meet with City staff to clarify design objectives for Bridges Over Water Project, including site constraints, potential utility conflicts, and ADA compliance strategies.

2. Development preliminary design concepts for a minimum of two (2) concepts for each crossing with order of magnitude construction cost estimates for each alternative design.

3. Agency Approval – Upon approval of the selected design alternative for each of the two sites, submit PS&E and/or other necessary documents to City to obtain approval. At a minimum, the consultant should plan for the following plan check submittals:
1st Review – 35% Concept Review
The Concept Review: Consultant submits geometric approval drawings showing preliminary recommended bridge/crossing modifications. Preliminary engineer’s estimates shall be provided. All utility conflicts and site constraints (including impacts from the municipal well site) must be identified at this time.

It should be noted that the "concept review" stage frequently involves revisions and re-submittal before the consultant is authorized to proceed to the next stage. Getting the concept correct is a critical aspect to efficiently completing a custom design.
2nd Review – 65% Unchecked Details
The 65% Unchecked Details: The consultant submits a complete set of plans with ALL SHEETS included in the plan set and a complete set of specifications.

It is permissible to omit some detailing, but plan sheets and specification sections representing all disciplines (structural, civil, irrigation, etc.) must be included in the 2nd Review.
3rd Review – 90–100% Check Plans, Specs, & Engineer’s Estimate The 90–100% Check: This submittal includes everything complete in final form that the consultant believes is necessary to construct the project. The consultant should submit plans that have been independently checked by a 3rd party within its organization for completeness and accuracy. The project specifications and engineer’s estimate should be equally complete.

Item Number: 4.

Based upon comments received from the City, the consultant will revise the Plans, Specifications, and Estimates (PS&E) and resubmit.

Staff-approved PS&E will be submitted to the City Council for approval.

All approved plans will be provided to the City in AutoCAD 2023 (or higher) and PDF format.

Specification documents, including technical specifications, will be provided in Microsoft Word for Windows format with all hidden text shown as well as PDF.

The Engineer’s Estimate will be provided in Excel for Windows format as well as PDF.

Bidding/Construction Phase
The consultant will be expected to provide technical support during the bidding and award process, including responding to Requests for Information (RFIs) and preparing addenda as necessary.

Requested Services
Services and products to be rendered in performing all work associated with this request may include, but may not be limited to:
 Schedule and attend a field walk with civil engineer, and City representatives to review the project site conditions.
 Schedule and chair a kickoff meeting with the City to discuss the proposed work plan, project schedule, design standards, and special concerns.
 Schedule and chair monthly Project Development Team (PDT) meetings with the City to review progress, gather feedback, and coordinate deliverables.
 Prepare utility letters for the City to send to utility companies and coordinate any required adjustments or relocations that may impact project (e.g., underground utilities, drainage facilities).  Conduct a field survey and create updated base maps, identifying all site features, topography, utilities, easements, and existing infrastructure.  Prepare PS&E (Plans, Specifications, and Engineer’s Estimate) as outlined in the Project Development Process.
 Provide bid and construction support services, including:

Item Number: 4.

o Responding to bidder Requests for Information (RFIs)
o Preparing necessary addenda
o Technical assistance to City staff during bidding and award All plans and documents shall conform to the City’s standards, applicable codes, and the requirements outlined in this RFP. Final deliverables shall be provided in AutoCAD 2023 (or higher), Microsoft Word, Excel, and PDF formats as specified.

Submittals Required:
- 35% Concept Review
- 65% Design Development
- 100% Final PS&E (checked internally)
- All deliverables in AutoCAD 2023+, Word, Excel, and PDF Key Considerations:
- Alluvial fan flow analysis (Morongo Wash)
- Storm breakout risk mitigation
- Regional stormwater detention and diversion strategies -Design options of crossing

4. PROPOSAL FORMAT
Follow the same format and organization as outlined below, including:
- Cover Letter
- Firm Background
- Relevant Project Experience
- Project Team & Organizational Chart
- Project Understanding & Methodology
- Scope of Work (detailed)
- Project Schedule (Gantt chart; assume October 2025 start) - Disclosures
- Required Attachments (see Section 6)
- Separate sealed envelope for cost proposal
Please submit one hard copy and one electronic copy to the City either via USB or email prior to the proposal due date. Maximum of 30 pages, excluding appendices, cover letter, and required forms.

5. GENERAL TERMS AND CONDITIONS
All standard proposal submission rules, evaluation procedures, conflict of interest, insurance requirements, dispute resolution protocols, and schedule milestones Item Number: 4.

shall apply. Submittals must be received no later than 5:00 PM on September 15, 2025. Late or incomplete proposals will not be considered.

Proposals must be submitted to:

City of Desert Hot Springs
Attn: Daniel Porras, PE
11999 Palm Drive
Desert Hot Springs, CA 92240
Email: [email protected]
Subject Line: RFP – Bridges Over Water Project

6. ATTACHMENTS
 Attachment 1 — Professional Services Agreement
 Attachment 2 — Scoring Sheet
 Attachment 3 — Insurance Requirements Acknowledgement  Attachment 4 — Non-Collusion Affidavit
 Attachment 5 — Addenda Acknowledgement
 Attachment 6 — Project Exhibits (A: Location Maps, B: Conceptual Improvements, C: Cost Estimates)
Item Number: 4.

Attachment 1 — Professional Services Agreement for Design Services

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

CITY OF DESERT HOT SPRINGS
AND
_______________________________
This Professional Services Agreement (“Agreement”) is made and entered into this _____ day of ___________, 20____, by and between the City of Desert Hot Springs, a municipal corporation located in the County of Riverside, State of California, hereinafter referred to as the “City,” and
___________________________, a ________________________, hereinafter referred to as “Contractor.”
RECITALS:

WHEREAS, the City desires to utilize the services of Contractor, as an independent contractor, to provide the City with
________________________________ (sometimes hereinafter, the “Services”), as described in more particularity in Exhibit “A,” attached hereto and incorporated by reference as the “Scope of Services”; and
WHEREAS, Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS,

CONDITIONS AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER

GOOD AND VALUABLE CONSIDERATION, THE PARTIES AGREE AS
FOLLOWS:

Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth in full herein.

Section 2. SCOPE OF SERVICES
Item Number: 4.

Contractor shall provide to the City the Services on an as-needed and asdirected basis in a manner satisfactory to the City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions, as described in more detail in the Scope of Services. In the event a conflict exists between this Agreement and the Scope of Services, the former shall supersede. Except where this Agreement specifically provides otherwise, the Contractor is responsible for providing any and all facilities, assets, and resources (including personnel, facilities, equipment, and software) necessary and appropriate for delivery of the Services and to meet the Contractor's obligations under this Agreement. Any City assets to which access is being provided for use by the Contractor (including equipment, software licenses and third party service contracts) are provided on an “as is, where is” basis, and the City does not provide the Contractor any representations or warranties regarding such assets.

Section 3. TERM
This Agreement shall commence as of the date in the opening paragraph of this Agreement and shall remain in force and effect until [DATE], in accordance with Section 7 of this Agreement, subject to the allocation of funds pursuant to a duly approved City budget.

Section 4. COMPENSATION
The City agrees to pay Contractor for and in consideration of the faithful performance of the Services and duties set forth in this Agreement, and Contractor agrees to accept from the City, as and for compensation for the faithful performance of said Services and duties, an amount not to exceed _____________________________ Dollars and ___________ Cents ($_____.___)
Section 5. METHOD OF PAYMENT
a. Contractor shall submit invoices to the City, not more often than once a month, describing the work performed. Contractor’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. The City shall pay Contractor no later than thirty (30) days after approval of the invoice by City staff provided that the services reflected in the invoice were performed to the reasonable satisfaction of the City in accordance with the terms of this Agreement, that the number of hours of service set forth in the invoice reflect the amount of time ordinarily expended for such service by members of the profession currently practicing in the same locality under similar conditions, and that all expenses, rates and other information set forth in the invoice are consistent with the terms and conditions of this Agreement. Review Item Number: 4.

and approval of invoice by City staff will occur within thirty (30) calendar days of receipt of invoice via email.
b. The Contractor shall submit invoices under this Agreement to:

City Manager
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
Section 6. EXTRA WORK
At any time during the term of this Agreement, the City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by the City to be necessary for the proper completion of the Services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform Extra Work without written authorization from the City.

Section 7. TERMINATION
This Agreement may be terminated by the City Manager, in his/her sole discretion, immediately for cause. Either party may terminate this Agreement without cause upon twenty-four hours (24) hours written notice of termination to the other party. Upon termination, Contractor shall be entitled to compensation for services performed up to the effective date of termination, provided that Contractor shall have satisfied all its obligations under this Agreement through and including the effective date of termination and is not otherwise in breach of this Agreement.

For clarification, the City Manager in his/her sole discretion shall have the power to terminate this Agreement with or without cause in accordance with this Section.

Section 8. OWNERSHIP OF DOCUMENTS
All plans, studies, documents and other writings, including drafts, prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party.

Contractor shall, at its expense, provide such reports, plans, studies, documents and other writings in pdf format to the City upon written request, or such other electronic format as reasonably requested by the City.

Section 9. CONFIDENTIALITY
Item Number: 4.

a. All ideas, memoranda, specifications, plans, procedures, drawings, photographs, descriptions, computer program data, input record data, written information, and other documents and data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without prior written consent of the City, be used by Contractor for any purposes other than the performance of the services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Contractor will make all reasonable efforts to keep such information confidential and to limit access only to those who require it for performance, Nothing furnished to Contractor that is otherwise known to Contractor, is generally known in the industry, or has become known to the related industry shall be deemed confidential.

b. Contractor shall not use the City’s insignia or photographs relating to Contractor’s Services, or any publicity pertaining to the Contractor’s Services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of the City.

Section 10. CONTRACTOR’S BOOKS AND RECORDS
a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.

c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor’s address indicated for receipt of notices in this Agreement.
d. Where the City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor’s business, the City may, by written request of any of the above-named officers, require that custody of the records be given to the City and that the records Item Number: 4.

and documents be maintained at City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor’s representatives, or Contractor’s successor-in-interest.

Section 11. INDEPENDENT CONTRACTOR’S STATUS: NOT

AGENT OF THE CITY
Contractor shall at all times during the term of this Agreement remain, as to the City, a wholly independent contractor and shall perform the services described in this Agreement as an independent contractor and further, hereby waives any claims for any compensation or benefits afforded to City employees and not to independent contractors. Neither the City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as herein set forth. Contractor shall be entirely responsible for the compensation and control of any assistants, employees, and subcontractors used by Contractor in providing said services. Nothing contained in this Agreement shall be deemed, construed or represented by the City or Contractor or by any third person to create the relationship of principal and agent and Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. Contractor shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind the City to any obligation whatsoever.

Section 12. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S

STATUS OF CONTRACTOR
a. Contractor represents and acknowledges the following:
(1) The City is not required to provide any training or legal counsel to Contractor or its employees for Contractor to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City. (3) The services described in this Agreement can be performed without the use of City equipment, materials, tools or facilities. (4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Contractor on a continuing basis after termination of this Agreement.
(5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage or other such compensation to Item Number: 4.

any person employed by Contractor to perform the services described in this Agreement.
(6) Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City and will so instruct its officers, employees and/or agents. b. The City represents and acknowledges the following:
(1) Contractor is not required to comply with daily instructions from City staff with respect to when, where or how Contractor must perform the services set forth in this Agreement.
(2) Contractor is solely responsible for determining who, under the supervision or direction of Contractor, will perform the services set forth in this Agreement.
(3) The City will not hire, supervise or pay any assistants working for Contractor pursuant to this Agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the Contractor must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(5) It is the sole responsibility of Contractor to set the hours in which Contractor performs or plans to perform the services set forth in this Agreement subject to hours of access.
(6) Contractor is not required to devote full time to the business operations of the City to perform the services set forth in this Agreement. (7) Contractor is not required to perform the services set forth in the Agreement in any particular order or sequence.
(8) Nothing in this Agreement shall be interpreted to preclude Contractor from working for other persons or firms, provided that such work does not create a conflict of interest.
(9) Contractor is not required to perform the Services at Cityowned property. (10) Contractor will perform services that are outside the usual course of the City’s business.

Section 13. CIVIL CODE SECTION 1542 WAIVER
Item Number: 4.

Contractor expressly waives any and all rights and benefits conferred upon it by the provisions of section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind, that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (“CalPERS”) that are only afforded to employees and not independent contractors. Contractor further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement. _____
Initials

Section 14. CONFLICTS OF INTEREST
a. Contractor (including principals, associates and professional employees) covenants and represents that it does not have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source or income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor’s services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. b. Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
(1) Does not make or participate in:
(i) the making or any governmental decisions regarding
approval of a rate, rule, or regulation, the adoption or enforcement of laws;
(ii) the issuance, denial, suspension or revocation of
permits, licenses, applications, certificates, approvals, orders, or similar authorization or entitlement;
Item Number: 4.

(iii) authorizing the City to enter into, modify, or renew a contract;
(iv) granting the City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;
(v) granting the City approval to a plan, design, report, study, or similar item; or
(vi) adopting, or granting City approval of, policies,
standards, or guidelines for the City or for any
subdivision thereof.
(2) Does not serve in a staff capacity with the City and in that capacity participate in making a governmental decision or otherwise perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code under Government Code Section 87302.
c. In the event the City officially determines that Contractor must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Contractor shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk.

Section 15. PROFESSIONAL ABILITY OF CONTRACTOR;
WARRANTY; FAMILIARITY WITH WORK; PERMITS

AND LICENSES
a. Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services.
b. By executing this Agreement, Contractor warrants that:
(1) it has thoroughly investigated and considered the work to be performed;
(2) it has investigated the issues, regarding the scope of services to be provided;
(3) it has carefully considered how the work should be performed; and
Item Number: 4.

(4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. c. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform the City of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the City Manager or appropriate City representative.
d. Contractor represents that it and all of its subcontractors, if any, have obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.

Section 16. COMPLIANCE WITH LAWS
Contractor shall comply with all local, state and federal laws and regulations applicable to the services required hereunder.

Section 17. INDEMNIFICATION
a. Contractor shall defend, indemnify and hold harmless the City, its officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs, expenses and attorneys’ fees in connection therewith), arising out of this Agreement, except for any such claim arising out of the sole negligence, recklessness, or willful misconduct of the City, its officials, agents, employees or volunteers.
b. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein.
c. Notwithstanding the provisions of subsections a. and b. of this section, Contractor shall not be responsible for damages or be in default or deemed to be in default by reason of delay caused by strikes, lockouts, accidents, or acts of God, or the failure of the City to furnish timely information or to approve or disapprove Contractor’s work promptly, or by reason of delay or faulty performance by the City, construction contractors, or governmental agencies, or by reason of any other delays beyond Contractor’s control, or for which Contractor is without fault.

Item Number: 4.

d. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.
e. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. f. This Section shall survive termination or expiration of this Agreement.

Section 18. INSURANCE REQUIREMENTS
a. Policies. Contractor, at Contractor’s sole cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies:
(1) Worker’s Compensation Coverage. Contractor shall maintain Worker’s Compensation Insurance and Employers’ Liability Insurance for its employees in accordance with the laws of the State of California, of an amount not less than one million dollars ($1,000,000) per accident and for Employers’ Liability Insurance in amounts not less than $1,000,000 each accident for bodily injury by accident, $1,000,000 policy limit for bodily injury by disease, and $1,000,000 each employee for bodily injury by disease. In addition, Contractor shall require each subcontractor to similarly maintain Worker’s Compensation Insurance and Employers’ Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. If any class of employees employed by Contractor pursuant to this Agreement is not protected by the California State Worker’s Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement.

Contractor agrees to waive its statutory immunity under any worker’s compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved in the Services to do the same.
(2) General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than two million dollars ($2,000,000) per occurrence, combined single limit coverage for bodily injury, personal injury and property damage associated with work contemplated in this Item Number: 4.

Agreement. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Contractor shall provide insurance on an occurrence, not claims-made basis. Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess coverage, personal and advertising injury coverage shall be triggered by an “offense” while bodily injury and property damage coverage shall be triggered by an “occurrence” during the policy period. The coverage required in this paragraph shall provide at least as much coverage as that provided by ISO form CG 00 01 12 07 or any updated form thereof.
(3) Automobile Liability Coverage. Contractor shall maintain commercial automobile liability insurance covering bodily injury, personal injury and property damage for all activities of the Contractor arising out or of in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence, and two million dollars ($2,000,000) in the aggregate. As an alternative, Contractor shall be permitted to obtain a non-owned automobile endorsement to its comprehensive general liability insurance providing the same protection and coverage as though Contractor were to provide separate commercial vehicle liability insurance as set forth in this paragraph. The coverage required in this paragraph shall provide at least as much coverage as that provided by ISO form CA 00 01 or any updated form thereof.
(4) Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s Services, whether such Services are performed by Contractor or by its employees, subcontractors, or sub-Contractors, to the extent such persons other than Contractor are permitted to perform any of the Services under this Agreement.

The amount of this insurance shall not be less than one million dollars ($1,000,000) per claim, and two million dollars ($2,000,000) in the aggregate. b. Endorsements. Unless otherwise specified hereunder, each insurance policy required herein shall be with insurers possessing an A.M. Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
(1) Except as otherwise provided by law, the City, its elected or appointed officers, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations.

Item Number: 4.

(2) This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have shall be considered excess insurance only and shall not contribute with it.
(3) This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
(4) The insurer waives all rights of subrogation against the City, its elected or appointed officials, officers, employees or agents. (5) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
(6) The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions.

Contractor shall disclose to and obtain the approval of City for any self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written
authorization of the City Manager, Contractor may either reduce or eliminate such deductibles or self-insured
retentions with respect to City, its officers, employees, agents, and volunteers. The City Manager may condition
approval of any reduction or elimination in deductible or self-insured retention levels with a requirement that
Contractor procure a bond, guaranteeing payment of
losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

Item Number: 4.

e. Imposition of Insurance Requirements. Provided the City gives its written consent for any persons other than Contractor to perform any part of the Services, Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and name as additional insureds the parties to this Agreement consistent with Section 18b(1) hereof. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that coverage is provided in conformity with the requirements of this Section.
f. Maintain Coverages. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City’s review and determination that all liability posed under this Agreement has been eliminated.
g. Failure to Obtain Coverages. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by it or any subcontractors or others involved in any way with the performance of Services, to the extent such is permissible under this Agreement, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City or its officers, employees, servants, volunteers, agents and independent contractors. h. Notice of Cancellation or Reduction in Coverage. In the event that any coverage required in this Agreement is canceled, reduced, limited, or materially affected in any other manner, Contractor shall provide written notice to the City either by facsimile and/or via certified mail, at Contractor’s earliest possible opportunity and in no case later than fifteen (15) calendar days after Contractor is notified of the change in coverage.

Section 19. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows:

To the City: City Manager
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
Item Number: 4.

To Contractor: ________________________
________________________
________________________
________________________
b. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Section 20. DEFAULT
a. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within fifteen (15) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder.
b. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein.
c. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default of any party to this Agreement may remain uncured for more than fifteen (15) calendar days following written notice, as provided above, a "material breach" shall be deemed to have occurred. In the event of a material breach, the injured party shall be entitled to seek any appropriate remedy or damages as otherwise set forth herein and by initiating legal proceedings.

Section 21. REMEDIES
If Contractor materially breaches any of the terms of this Agreement, the City’s remedies shall include, but shall not be limited to, the following:
a. Immediately terminate the Agreement;
Item Number: 4.

b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement;
c. Retain a different Contractor to complete the Services that are not finished by Contractor.

Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all other agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this Agreement. c. No agreement, statement, or promise not contained in this Agreement shall be valid or binding.

Section 23. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by all parties.

Section 24. ASSIGNMENT AND SUBCONTRACTING
a. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the written consent of the City.
b. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the advance written consent of the City.

If the City consents to such subcontract, Contractor shall be fully responsible to the City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as required by law.

Section 25. WAIVER
Item Number: 4.

a. No waiver shall be binding, unless executed in writing by the party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
c. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

Section 26. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.

Section 27. VENUE
All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California.

Section 28. LITIGATION EXPENSES AND ATTORNEYS’ FEES
In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. In no instance shall the award of costs and expenses under this section exceed the actual costs and expenses of the City.

Section 29. EXECUTION IN COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least a copy hereof shall have been signed by both parties hereto.

Electronic and facsimile signatures shall be deemed the same as original signatures. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

Item Number: 4.

Section 30. PROHIBITED INTERESTS
Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of the City, during the term of his or her service with the City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

Section 31. EQUAL OPPORTUNITY EMPLOYMENT
Contractor represents that it is an equal opportunity employer and shall not discriminate against any subcontractor, employee, or applicant (“person”) for employment because of race; denial of family and medical care leave; religious creed (including religious dress and grooming practices); color; national origin (including language use restrictions); ancestry; physical disability or mental disability (including HIV and AIDS); medical condition (cancer and genetic characteristics); genetic information; military or veteran status; marital status; gender, gender identity, and gender expression; sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding); age or sexual orientation. Unless otherwise permitted under the law, Contractor shall not refuse to hire or employ any such person or refuse to select any such person for a training program leading to employment, or bar or discharge any such person from employment or from a training program leading to employment, or otherwise discriminate against any such person in compensation or in terms, conditions, or privileges of employment.

Section 32. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.

Section 33. PRINCIPAL REPRESENTATIVES
a. ____________________, shall be Contractor's Principal Representative and the person responsible for undertaking, managing and supervising the performance of all of the Services for this Agreement. Contractor's Principal Representative's experience, knowledge, capability and reputation were Item Number: 4.

a substantial inducement for the City to enter into this Agreement, and as such, for the purposes of performing the Services, the duties of Contractor's Principal Representative shall not be reassigned, without the express written consent of both parties.
b. ____________________, shall be the Principal Representative of the City for purposes of communicating with Contractor on any matter associated with the performance of the services set forth in this Agreement.

Section 34. NON-LIABILITY OF CITY’S OFFICERS AND

EMPLOYEES
No officer or employee of the City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to Contractor or to its successor, or for any breach of any obligation of the terms of this Agreement.

Section 35. INTERPRETATION
This Agreement shall not be interpreted against either party on the grounds that one of the parties was solely responsible for preparing it or caused it to be prepared as both parties were involved in drafting it.

Section 36. PROTECTION AND CORRECTION OF WORK
a. Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Contractor, and the equipment, materials, papers and other components thereof to prevent losses or damages.
b. The performance of services by Contractor shall not relieve Contractor from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the fault of Contractor.

Section 37. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

Section 38. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Item Number: 4.

Section 39. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

Section 40. NO THIRD PARTY BENEFICIARIES
The parties do not intend the benefits of this Agreement to inure to any third party, nor shall any provision of this Agreement be so construed.

Section 41. OTHER GOVERNMENTAL REGULATIONS

To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

Section 42. REPRESENTATIONS OF PARTIES AND PERSONS

EXECUTING AGREEMENT
a. Each of the parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the parties hereto. b. The
persons
executing this
Agreement
warrant that they
are duly
authorized to
execute this
Agreement on
behalf of and
bind the parties
each purports to
represent.

Section 43. SUCCESSORS AND ASSIGNS
The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties hereto.

Item Number: 4.

Section 44. SURVIVAL
All obligations arising prior to any termination of this Agreement and all provisions of this Agreement allocating liability between the City and Contractor shall survive any such termination.

Section 45. USE OF RECYCLED PRODUCTS
Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.

CITY OF DESERT HOT SPRINGS
_____________________________
[Department Head]
_____________________________
Doria Wilms, City Manager

ATTEST:
_____________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
_____________________________
Jennifer Mizrahi, City Attorney
_____________________________
_____________________________
[Name, Title]
N:\DHSO\0001-01 General\Doc\6051
Item Number: 4.

Attachment 2 — Scoring Sheet
Criteria Weight
Project Understanding and Approach 25%
Experience and Qualifications 25%
Scope and Methodology 20%
Staffing Plan and Availability 15%
Fee Proposal 15%
Item Number: 4.

Attachment 3 — Insurance Requirements
Acknowledgement
"The undersigned hereby acknowledges that they have reviewed the insurance requirements set forth in the Request for Proposals for the Skyborne Park Design Project and confirms that they will provide the required insurance certificates and endorsements upon award of contract.

Name of Firm: ___________________________________
Authorized Representative: ___________________________________ Signature: ___________________________________
Date: ___________________________________
Item Number: 4.

Attachment 4 — Non‐Collusion Affidavit
"I, ___________________________________, being first duly sworn, depose and say that I am the (Title) ___________________________________ of (Firm Name) ___________________________________, the party making the foregoing proposal, that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract or anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted their proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof, to effectuate a collusive or sham proposal, and has not paid, and will not pay, any person or entity for such purpose.

Executed under penalty of perjury under the laws of the State of California.

Name of Firm: ___________________________________
Authorized Representative: ___________________________________ Signature: ___________________________________
Date: ___________________________________
Item Number: 4.

Attachment 5 — Addenda Acknowledgement
"The undersigned acknowledges receipt of the following addenda to the Request for Proposals for the Skyborne Park Design Project. Failure to acknowledge all addenda may cause the proposal to be considered non-responsive.

Addenda Received (initial all received):
[ ] Addendum No. 1
[ ] Addendum No. 2
[ ] Addendum No. 3
[ ] Other: ___________________________________
Name of Firm: ___________________________________
Authorized Representative: ___________________________________ Signature: ___________________________________
Date: ___________________________________
Item Number: 4.

Attachment 6 — Project Exhibits
Item Number: 4.

Item Number: 4.

Indian Canyon Drive Crossings
Mission Lakes Blvd
Indian Canyon Drive
Under Construction

Item Number: 4.

Crossing
Under Construction
Crossing
Indian Canyon DriveIndian Canyon Drive

Item Number: 4.

Mission Lakes Blvd
Indian Canyon Drive
Mission Lakes Blvd
Indian Canyon Drive

Item Number: 4.

Indian Canyon Drive Crossings – Proposed Improvements
Mission Lakes Blvd
Indian Canyon Drive
Proposed
Project
Improvements
Crossing

Item Number: 4.

Indian Canyon Crossing Improvements
Costs Estimate
• Engineering Design (PS&E) = $750,000
• Environmental (NEPA) = $250,000
• Construction of Crossings = $7.5 Million
• Construction Engineering (Inspections, Materials Testing) = $750,000 • Total Estimate = $9,250,000

Item Number: 4.

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

CITY OF DESERT HOT SPRINGS
AND
NV5 INC
This Professional Services Agreement (“Agreement”) is made and entered into this 18th day of November, 2025, by and between the City of Desert Hot Springs, a municipal corporation located in the County of Riverside, State of California, hereinafter referred to as the “City,” and NV5 Inc, a Corporation, hereinafter referred to as “Contractor.”
RECITALS:

WHEREAS, the City desires to utilize the services of Contractor, as an independent contractor, to provide the City with Civil Engineering Servicers for Bridges Over Water Project (sometimes hereinafter, the “Services”), as described in more particularity in Exhibit “A,” attached hereto and incorporated by reference as the “Scope of Services”; and
WHEREAS, Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS,

CONDITIONS AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:

Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth in full herein.

Section 2. SCOPE OF SERVICES
Contractor shall provide to the City the Services on an as-needed and asdirected basis in a manner satisfactory to the City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions, as described in more detail in the Scope of Services. In the event a conflict exists between this Agreement and the Scope of Services, the former shall supersede. Except where this Agreement specifically provides otherwise, the Contractor is responsible for providing any and all facilities, assets, and resources (including personnel, facilities, equipment, and software) necessary and appropriate for delivery of the Services and to meet the Contractor's obligations under this Agreement. Any City assets to which access is being provided for Item Number: 4.

use by the Contractor (including equipment, software licenses and third party service contracts) are provided on an “as is, where is” basis, and the City does not provide the Contractor any representations or warranties regarding such assets.

Section 3. TERM
This Agreement shall commence as of the date in the opening paragraph of this Agreement and shall remain in force and effect until project completion, in accordance with Section 7 of this Agreement, subject to the allocation of funds pursuant to a duly approved City budget.

Section 4. COMPENSATION
The City agrees to pay Contractor for and in consideration of the faithful performance of the Services and duties set forth in this Agreement, and Contractor agrees to accept from the City, as and for compensation for the faithful performance of said Services and duties, an amount not to exceed ONE MILLION TWENTY FIVE THOUSAND, EIGHT HUNDRED EIGHTY-FOUR DOLLARS AND ZERO CENTS. ($1025,884.00)
Section 5. METHOD OF PAYMENT
a. Contractor shall submit invoices to the City, not more often than once a month, describing the work performed. Contractor’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. The City shall pay Contractor no later than thirty (30) days after approval of the invoice by City staff provided that the services reflected in the invoice were performed to the reasonable satisfaction of the City in accordance with the terms of this Agreement, that the number of hours of service set forth in the invoice reflect the amount of time ordinarily expended for such service by members of the profession currently practicing in the same locality under similar conditions, and that all expenses, rates and other information set forth in the invoice are consistent with the terms and conditions of this Agreement. Review and approval of invoice by City staff will occur within thirty (30) calendar days of receipt of invoice via email.
b. The Contractor shall submit invoices under this Agreement to:

Public Works
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
Section 6. EXTRA WORK
Item Number: 4.