Indian Wells City Council
October 6, 2022

CITY COUNCIL
Meeting Agenda

Thursday, October 6, 2022
1:30 PM
Council Chamber and Remotely through Zoom in compliance with Government Code Section 54953(e) (AB 361)
44950 Eldorado Drive, Indian Wells

Welcome to a meeting of the Indian Wells City Council. Webinar ID 839 2052 7282 or by phone dial 1- 669-900 9128. A password will be required to join the Zoom meeting, please email [email protected] or call City Hall at (760) 346-2489 to request password prior to the meeting.

Public Comments: Members of the Public who wish to speak should fill out a blue slip and submit it to the City Clerk, comments are limited to 3 minutes. In accordance with State Law, remarks during public comment are to be limited to subjects within the City's jurisdiction.

Notification: If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act (ADA) please contact the City Clerk at 760-346-2489, 48 hours prior to the meeting.

Please turn off all communication devices (phones) or put them on non-audible mode (vibrate) during Council proceedings. All documents for public review are available for public inspection at City Hall reception, 44-950 Eldorado Drive, Indian Wells during normal business hours.

Pages

A.CONVENE THE INDIAN WELLS CITY COUNCIL, PLEDGE OF

ALLEGIANCE AND ROLL CALL

MAYOR DANA REED

MAYOR PRO TEM DONNA GRIFFITH

COUNCIL MEMBER GREG SANDERS

COUNCIL MEMBER RICHARD BALOCCO

COUNCIL MEMBER ROB BERNHEIMER
B.APPROVAL OF THE FINAL AGENDA
C.PROCLAMATIONS AND PRESENTATIONS
C.1.Riverside County Sheriff Department Update by Indian Wells Lieutenant David Wright
C.2.Riverside County Fire Department Update by Battalion Chief Matt Kotz
C.3.Indian Wells Mini Muster Recognition and Presentation by Mike Lewis C.4.Local Hazard Mitigation Plan Presentation by Indian Wells Emergency Services Coordinator Linda Soto
D.PUBLIC COMMENTS
Members of the Public who wish to speak on items not listed on the agenda or consent items may do so at this time. Public Comments are limited to 3 minutes. Speakers will be alerted when their time is up and are then to return to their seats and no further comments will be permitted.

To address the Council during the virtual live session via zoom, please use the “raise your hand” function on zoom in order to be recognized by the City Clerk in order to provide comments in real time.

Please note that while the City Council values your comments, the Council cannot respond nor take action on matters not listed on the agenda until the matter may appear on the forthcoming agenda.

E.CITY MANAGER'S REPORTS
The City Manager or Department Heads may make brief
announcements, informal comments, or brief the Council on items of interest.

F.CITY ATTORNEY REPORTS AND COMMENTS
City Council Meeting Agenda October 6, 2022

G.CONSENT CALENDAR
All matters listed on the Consent Calendar are considered to be routine and will be approved by one motion. Reading of text of Ordinances is waived and Ordinances are adopted as second reading, by title only. There will be no separate discussion of these items unless members of the Council request specific items be removed from the Consent Calendar for separate discussion and action.

G.1.Findings to Hold Remote Teleconference/Virtual Meetings and Hybrid Meetings for All City Legislative Bodies, in Accordance with Assembly Bill 361
11 RECOMMENDED ACTION:

Council APPROVES remote teleconference/virtual and hybrid meetings for all City legislative bodies by finding that a statewide state of emergency is currently in place and that state and local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; and
AUTHORIZES City Manager to implement teleconference/virtual or hybrid public meetings as needed in accordance with Assembly Bill 361.

G.2.Ordinance Adding Chapter 16.110 to Title 16 of the Municipal Code Relating to an Expedited, Streamlined Permitting Process for Electric Vehicle Charging Stations
13 RECOMMENDED ACTION:

Council ADOPTS Ordinance by title only and waives further reading, adding Chapter 16.110 to title 16 of the Municipal Code relating to an expedited, streamlined permitting process for electric vehicle charging stations.

City Council Meeting Agenda October 6, 2022

G.3.Resolution Approving Clarifying Edits to Section 2.09.050 of the Council Policy Manual
20 RECOMMENDED ACTION:

Council CONSIDERS and ADOPTS Resolution approving clarifying edits to Section 2.09.050 of the City Council Policy Manual; and FINDS the action is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly; and that the action is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. (14 CCR 15061(b)(3).)
G.4.Recruitment Schedule for City’s Representative to the Coachella Valley Mosquito and Vector Control Board
25 RECOMMENDED ACTION:

Council APPROVES the recruitment schedule; and
DESIGNATES Mayor Pro Tem Donna Griffith to serve as the Ad-Hoc Interview Committee for the Mosquito and Vector Control Board.

G.5.First Amendment to Amended and Restated Agreement with Burrtec Waste & Recycling Services, LLC for Integrated Solid Waste Management Services
27 RECOMMENDED ACTION:

Council APPROVES the First Amendment to the Amended and Restated Agreement between the City of Indian Wells and Burrtec Waste & Recycling Services, LLC for Integrated Solid Waste Management Services.

City Council Meeting Agenda October 6, 2022

G.6.Adopting by Reference 2022 Edition of California Building Standards Code and Other Uniform Codes; and Setting a Public Hearing for Same
48 RECOMMENDED ACTION:

Council INTRODUCES Ordinance Repealing and Recasting Title 16 of the Indian Wells Municipal Code; Adopting by Reference the 2022 Edition of the California Building Standards Code (California Code of Regulations, Title 24); Including the 2022 California Building Code (Incorporating and Amending the 2021 International Building Code); the 2022 California Mechanical Code (Incorporating and Amending the 2021 Uniform Mechanical Code); the 2022 California Plumbing Code (Incorporating and Amending the 2021 Uniform Plumbing Code); the 2022 California Electrical Code (Incorporating and Amending the 2020 National Electrical Code); the 2022 California Energy Code; the 2022 California Historical Building Code; the 2021 Uniform Swimming Pool, Spa & Hot Tub Code; the 2022 California Fire Code (Incorporating and Amending the 2021 Edition of the International Fire Code); the 2021 International Property Maintenance Code; and the 2022 California Green Building Standards Code; and the 2022 California Residential Code (Incorporating and Amending the 2021 International Residential Code); Together with Certain Additions, Insertions, Deletions and Changes Thereto; and
SETS a public hearing for November 3, 2022, to take testimony and consider adopting the Ordinance.

G.7.September 15, 2022, Special Council Meeting Minutes 234 RECOMMENDED ACTION:

Council APPROVES the September 15, 2022, Special Council Meeting Minutes.

G.8.September 15, 2022, City Council Meeting Minutes 237 RECOMMENDED ACTION:

Council APPROVES the September 15, 2022, City Council Meeting Minutes.

City Council Meeting Agenda October 6, 2022

G.9.City Treasurer’s Report for August 2022 248
RECOMMENDED ACTION:

Council RECEIVES and FILES the City Treasurer’s Report for August 2022.

H.PUBLIC HEARINGS
For each of the items listed under PUBLIC HEARING ITEMS, the public will be provided an opportunity to speak. After a staff report is provided, the Mayor will open the public hearing. At that time the applicant will be allowed five (5) minutes to make a presentation on the case. Members of the public will then be allowed three (3) minutes each to speak, unless there are a number of person’s wishing to speak and then the Mayor will allow only two (2) minutes, to accommodate for more persons.

The City Council may ask the speakers questions relative to the case and the testimony provided. The question period will not count against your time limit. After all persons have spoken, the applicant will be allowed three minutes to summarize or rebut any public testimony. The Mayor will then close the public hearing portion of the hearing and deliberate the matter.

H.1.Amending Chapter 3.23 of the Indian Wells Municipal Code Pertaining to the Collection of Transportation Uniform Mitigation Fees
268
RECOMMENDED ACTION:

Council OPENS the Public Hearing, takes any public testimony, and CLOSES the Public Hearing; and
FINDS ordinance is not subject to CEQA because it is not a "project" pursuant to Sections 15060(c)(2) and 15060(c)(3) of Title 14 of the California Code of Regulations; and
INTRODUCES Ordinance to be read by title only, and further reading waived, adding Chapter 15.110 to Title 16 of the Indian Wells Municipal Code relating to an expedited, streamlined permitting process for electric vehicle charging stations.

City Council Meeting Agenda October 6, 2022

I.GENERAL BUSINESS
The Mayor will call upon the members of the public to address the Council regarding the agenda item being considered. After the public has provided comment, the item is closed to further comment and brought to the Council for discussion and action.

I.1.Children’s Discovery Museum of the Desert One-time Funding Request for Fiscal Year 2022-23
278
RECOMMENDED ACTION:

Council CONSIDERS and DISCUSSES the Children’s Discovery Museum of the Desert funding request; and
AUTHORIZES City Manager to negotiate and execute funding.

I.2.Sponsorship Request For City of Indian Wells as an Arena Partner Acrisure Arena
281
RECOMMENDED ACTION:

Council CONSIDERS the Acrisure Arena sponsorship request for $150,000 and if Council desires; and
AUTHORIZES City Manager to negotiate and execute a sponsorship agreement with Acrisure Arena; and
APPROVES Supplemental appropriation of $150,000 for Fiscal Year 2022-23 and $156,000 for 2023-24 with an option to opt out of the second year.

I.3.Indian Wells Golf Resort Dedication Plaque 286
RECOMMENDED ACTION:

Council DISCUSSES and PROVIDES direction to staff on the placement of dedication plaques at the Indian Wells Golf Resort.

I.4.Indian Wells Turf Rebate Program 288
RECOMMENDED ACTION:

Council DISCUSSES the Finance Committee’s recommendation to implement a Turf Rebate Program and PROVIDES staff direction.

City Council Meeting Agenda October 6, 2022

I.5.Whitewater Channel Design and Permitting 291
RECOMMENDED ACTION:

Council APPROVES staff recommendation to assume project responsibility for the design, and permitting of the whitewater riverbank improvements; and
INSTRUCTS staff to finalize reimbursement agreements between the City, Genton Development, and Brixton Development to reimburse the City for their prorated share of project costs; and FINDS the action is not a Project as defined under CEQA Guidelines Section 15378 and is not subject to CEQA per Section1506l(b)(3) as it can be seen with certainty that there is no possibility the activity in question may have a significant effect on the environment.

J.COUNCIL MEMBERS' REPORTS AND COMMENTS
On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff, or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.

J.1.COUNCIL MEMBER BERNHEIMER
Cove Communities Commission
Coachella Valley Animal Campus
CVAG Homelessness Committee
Desert Sands Unified School District
Indian Wells Community Activities
Indian Wells Golf Resort Advisory Committee
J.2.COUNCIL MEMBER BALOCCO
Coachella Valley Energy Commission
Cove Communities Services Commission
Indian Wells Golf Resort Advisory Committee
Indian Wells Finance & Legal Oversight Committee
Indian Wells Marketing Committee
Indian Wells Public Safety
City Council Meeting Agenda October 6, 2022

J.3.COUNCIL MEMBER SANDERS
Coachella Valley Mountains Conservancy
Coachella Valley Economic Partnership
CVAG Public Safety Committee
Desert Sands Unified School District
Indian Wells Public Safety Committee
Visit Greater Palm Springs
J.4.MAYOR PRO TEM GRIFFITH
CVAG Coachella Valley Conservation Commission
CVAG Energy & Environmental Resources Committee
Indian Wells Grants In Aid Committee
Indian Wells Finance & Legal Services Oversight Committee Indian Wells Historic Preservation Foundation
Indian Wells Marketing Committee
Indian Wells Personnel Committee
Indian Wells Tee Committee
J.5.MAYOR REED
California Joint Powers Insurance Authority
Riverside County Transportation Commission
CVAG Executive Committee
CVAG Transportation Committee
Indian Wells Personnel Committee
Indian Wells Tee Committee
Sunline Transit Agency
City Council Meeting Agenda October 6, 2022

K.ADJOURNMENT
To a regularly scheduled meeting of the City Council to be held at 1:30 p.m. on November 3, 2022 in the City Hall Council Chamber.

Affidavit of Posting,
I, Angelica Avila, certify that on September 30, 2022 I caused to be posted a notice of a City Council Meeting to be held on October 6, 2022 at 1:30 p.m. in the City Hall Council Chamber and
Zoom/Teleconference.

Notices were posted at Indian Wells Civic Center and City's Website [ www.cityofindianwells.org]
________________________
Angelica Avila, City Clerk
City Council Meeting Agenda October 6, 2022

Riverside Sheriff –Indian WellsRiverside Sheriff Presentation:

October 6, 2022

Riverside Sheriff –Indian Wells
9,782 total file numbers drawn as of August 31st, 2022 •2,541 calls for service
•7,241 self-initiated file numbers drawn
•377 reports written
•71 total arrests made
•21 DUIs
•8 Narcotics
•18 Public intoxication
•12 Warrant arrests
•6,268 area checks conducted

Riverside Sheriff –Indian Wells
Traffic Collisions Year-to-Date as of 08/31/22 = 88
•0 Fatal
•0 Major injury
•33 Minor-injury
•55 Non-injury
Traffic Citations Year-to-Date = 769
•21 DUI Arrests

Riverside Sheriff –Indian Wells
Uniform Crime Reporting Data YTD Comparison as of 08/31/22 Crime 2020 YTD 2021 YTD 2022 YTD
Homicide 1 0 0
Rape 0 0 1
Robbery 0 1 1
Aggravated Assault 10 1 5
Total Violent Crimes 11 2 7
Burglary 20 17 24
Auto Theft 6 13 8
Larceny*54 49 69
Total Property Crimes 80 79 101
Total Part 1 Crimes 91 81 108 +33% from 2021
* Includes vehicle burglaries

Notable Cases/Operations
05/05/22 –The Riverside County Sheriff Street Racing Team conducted a vehicle stop and arrested a subject for a traffic violation during an operation within the city of Indian Wells. The vehicle was towed, and a citation was issued.
05/19/22 -Indian Wells SET Team Deputy Martinez conducted a traffic stop and subsequently arrested Austin Neville Edwards (22 out of Palm Desert) for possession of three unregistered firearms, possession of high-capacity magazines, possession of concealed firearms inside of a vehicle and committing a felony while out on bail.
08/03/22 -Indian Wells SET Deputies Martinez and Mitroff conducted follow up into the theft of approximately $26,000 in jewelry taken by employees of a moving company on 07/29/22, within the City of Indian Wells. They contacted and arrested Daniel Ruiz, age 26 of Rancho Mirage, for grand theft and possession of stolen property.

Operations/Project Updates
Extra patrol for speed enforcement on Hwy 111, Fred Waring and Fairway One deputy has been added to night shift
Code enforcement assistance for certain violations
Knox box keys have been delivered and issued to deputies Educational HOA meetings are being planned
CSOs have completed CPTED training and are available for appointments

Indian Wells
Fire
Department
Report

CAL FIRE /

RIVERSIDE

COUNTY FIRE

DEPARTMENT

BATTALION CHIEF

MATTHEW KOTZ
Riverside County Presentation:

October 6, 2022

Presentation
-Breakdown of calls in Indian Wells:
5/1/2022 to 8/31/2022
-Previous years comparison
-Significant events in Indian Wells

May jurisdiction
summary report
for Indian Wells

June jurisdiction
summary report
for Indian Wells

July jurisdiction
summary report
for Indian Wells

August
jurisdiction
summary report
for Indian Wells

Call breakdown 5/1/22 to 8/31/22:
-Residential fires
(1)
-Medical based calls
(266)
-False alarms
(47)
-Traffic Collisions (26)

Comparison of
call volume for
the same four
months
quarterly time
frame:
2021 comparison total number of calls for service:
292
2022 comparison total number of calls for service:
372
Overall increase in calls for service: 27% from
2021
2020 comparison total number of calls for service:
305
2021 decrease is most likely due to the start of
COVID 19. Increase of 67 more calls from 2020.

Significant Fire
Department
events in Indian
Wells

Significant Fire
Department
events in Indian
Wells

Significant
upcoming Fire
Department
events in Indian
Wells

Questions?

INDIAN WELLS CITY COUNCIL
October 6, 2022

To: City Council
From: City Attorney
Prepared by: Todd Leishman, City Attorney
Subject: Findings to Hold Remote Teleconference/Virtual Meetings and Hybrid Meetings for All City Legislative Bodies, in Accordance with Assembly Bill 361

RECOMMENDED ACTION:

Council APPROVES remote teleconference/virtual and hybrid meetings for all City legislative bodies by finding that a statewide state of emergency is currently in place and that state and local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; and

AUTHORIZES City Manager to implement teleconference/virtual or hybrid public meetings as needed in accordance with Assembly Bill 361.

BACKGROUND:

All meetings legislative bodies of the City are subject to the Ralph M. Brown Act (Gov.

Code §§ 54950 et seq.), and must be open and public so that any member of the public may attend and participate in the meetings. Commencing in March of 2020, Governor Newsom issued a series of executive orders aimed at preventing the spread of a respiratory disease that came to be known as the novel coronavirus, “COVID-19.” Among these were Executive Orders (“EO”) N-25-20, N-29-20, and N-35-20 (collectively, the “Brown Act Orders”) that waived the teleconferencing requirements of the Brown Act to allow legislative bodies to meet virtually.

On June 11, 2021, the Governor issued EO N-08-21 to begin winding down some of the prior measures that were adopted to respond to COVID-19. Notably, EO N-08-21 rescinded the Brown Act Orders, effective September 30, 2021. On September 16, 2021, Governor Newsom signed AB 361, which became effective October 1, 2021, and amended the Brown Act to allow legislative bodies to meet virtually, without following the Brown Act’s standard teleconferencing rules, provided that the legislative body makes specific findings, which include the following: (1) a statewide state of emergency is currently in place; and (2) state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19.

Continued compliance with AB 361 will require the City Council to approve the action making the required findings every 30 days (or at the next Council meeting, if greater than 30 days).

Analysis:

The Governor has proclaimed a state of emergency in response to the ongoing COVID - 19 pandemic. The state of emergency currently remains in effect. Further, State officials — including the California Department of Public Health — and local officials have recommended measures to promote social distancing in connection with COVID-19, which are currently in place. Accordingly, both of the above-referenced findings required by AB 361 exist.

The City Council recognizes that a person’s ability to attend and participate in person might change suddenly, depending on the person’s exposure to the virus, or changes in the person’s own health and vulnerability to infection. The Council recognizes that members of the public, and from time-to-time, members of the Council and of other City legislative bodies, as well as City staff might need to or might feel more comfortable attending meetings virtually in light of the ongoing COVID-19 pandemic and the manner in which circumstances surrounding the pandemic, including the impact on individual and public health, may rapidly change. Accordingly, the City Council thus desires to allow for virtual or hybrid (in-person and virtual) meetings of all the City’s legislative bodies in order to both ensure the health and safety of the public, City officials, and City staff, as well as continuity of government in allowing regularly scheduled meetings to continue to occur without unanticipated interruption.

INDIAN WELLS CITY COUNCIL
October 6, 2022

To: City Council
From: City Attorney
Prepared by: Todd Leishman, City Attorney
Subject: Ordinance Adding Chapter 16.110 to Title 16 of the Municipal Code Relating to an Expedited, Streamlined
Permitting Process for Electric Vehicle Charging Stations

RECOMMENDED ACTION:

Council ADOPTS Ordinance by title only and waives further reading, adding Chapter

16.110 to title 16 of the Municipal Code relating to an expedited, streamlined permitting process for electric vehicle charging stations.

ATTACHMENTS:

1. Ordinance

ORDINANCE NO. 744

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIAN
WELLS , ADDING CHAPTER 16.110 TO TITLE 16 OF THE

MUNICIPAL CODE RELATING TO AN EXPEDITED, STREAMLINED

PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING

STATIONS
WHEREAS, the City of Indian Wells, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and
WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and
WHEREAS, the State of California has adopted Assembly Bill 1236, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging stations, and AB 970, which requires such permitting applications to be deemed complete, and subsequently deemed approved, at a certain point after submission if the City has not taken certain specified actions with respect to the applications; and
WHEREAS, creation of an expedited, streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles and help reduce the City’s reliance on environmentally damaging fossil fuels; and WHEREAS, the City wishes to amend its Municipal Code to meet State law and to facilitate convenient charging of electric vehicles.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Ordinance.

SECTION 2. Chapter 16.110 Added to City’s Municipal Code. Chapter 16.110 is hereby added to Title 16 of the City of Indian Wells Municipal Code to read as follows:
“Chapter 16.110 – ELECTRICAL VEHICLE CHARGING STATIONS
Sections:

16.110.10 Purpose

16.110.20 Definitions

16.110.30 Electrical Vehicle Charging Station Requirements

16.110.40 Expedited Permitting Process

16.110.50 Permit Application Process
ATTACHMENT #1

City of Indian Wells
Ordinance No. 744

16.110.60 Permit Review; Timing

16.110.010 – Purpose

The purpose of this section is to create an expedited and streamlined electric vehicle charging station permitting process that complies with Cal. Government Code § 65850.7 to achieve the timely and cost-effective installation of electric vehicle charging stations. Pursuant to Cal. Gov't Code § 65850.7 and notwithstanding any other provision of this code pertaining to conditional or accessory uses, only an electrical permit shall be required for an electric vehicle charging station.

16.110.020 – Definitions

A. “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit.

B. “Building Official” means the chief building official of the City or his or her designee.

C. “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, and any subsequent amendments thereto, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

D. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

E. “Electronic submittal” means the utilization of one or more of the following:

a. Email
b. The Internet
c. Facsimile

16.110.030 – Electrical Vehicle Charging Station Requirements

A. The electric vehicle charging station shall meet the applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission and the local electric utility company regarding safety and reliability.

City of Indian Wells
Ordinance No. 744

B. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.

C. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

D. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.

16.110.040 – Expedited Permitting Process

Consistent with Government Code section 65850.7, the Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained
in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. The City’s adopted checklist shall be published on the City’s website.

16.110.050 – Permit Application Process

A. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; and areas of charging station equipment and vehicle parking.

B. A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete and be promptly processed. A completed application does not authorize an applicant to energize or utilize the electric vehicle charging station until approval and all necessary permits are granted by the City.

C. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

City of Indian Wells
Ordinance No. 744

D. The Building Official shall allow for electronic submittal of permit applications covered by this chapter and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

16.110.060 – Permit Review

A. The Building Official shall review all electric vehicle charging station applications. Notwithstanding the expedited permit processing set forth in this chapter, the Building Official retains authority at all times to identify and address higher priority life-safety situations.

B. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the City may require the applicant to apply for a conditional use permit pursuant to Section 21.06.040 of the City of Indian Wells Municipal Code. The Building Official’s decision may be appealed by the applicant to the Planning Commission.

C. An application for a conditional use permit to install an electric vehicle charging station shall not be denied unless the Planning Commission makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives. If denied, the Planning Commission’s decision may be appealed by the applicant to the City Council.

D. In the technical review of a charging station application, the Building Official shall not condition the approval of any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.

E. Upon confirmation by the Building Official that the permit application and supporting documents meet the requirements of the City adopted checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, as may be amended, approve the application and issue all necessary permits.”

SECTION 3. CEQA. This Ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines (the Guidelines), and the environmental regulations of the City.

The City Council hereby finds that this ordinance is not subject to CEQA because the adoption of this ordinance is not a "project" pursuant to Sections 15060(c)(2) and 15060(c)(3) of Title 14 of the California Code of Regulations. Specifically, this Ordinance only establishes a streamlined process for electric vehicle charging station permits and

City of Indian Wells
Ordinance No. 744

merely authorizes administrative activities which will not result in a direct or reasonably foreseeable indirect physical change in the environment. Moreover, under Section 15061(b)(3) of the State CEQA Guidelines, this Ordinance is exempt from the requirements of CEQA because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment.

SECTION 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 5. Publication/Effective Date. This Ordinance shall take effect thirty (30) days after its adoption and, within fifteen (15) days after its passage, shall be published at least once in a newspaper of general circulation published and circulated within the City.

PASSED, APPROVED, AND ADOPTED by the City Council of Indian Wells, California, on the 6th day of October, 2022.

DANA REED
MAYOR

City of Indian Wells
Ordinance No. 744

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF INDIAN WELLS)

CERTIFICATION FOR ORDINANCE NO. 744

I, Angelica Avila, Acting City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTIFY that Ordinance No. 744, having been introduced at a regular meeting of the City Council on September 15, 2022, was again introduced, the reading in full thereafter unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the 6th day of October, 2022 and said Ordinance was passed and adopted by the following stated vote, to wit:

AYES:

NOES:

and was thereafter on said day signed by the Mayor of the City of Indian Wells.

ATTEST: APPROVED AS TO FORM:

______________________________ ________________________________ ANGELICA AVILA TODD R. LEISHMAN

CITY CLERK CITY ATTORNEY

26529.00000\40723901.3
1 INDIAN WELLS CITY COUNCIL
October 6, 2022

To: City Council
From: City Attorney
Prepared by: Todd Leishman, City Attorney
Subject: Resolution Approving Clarifying Edits to Section

2.09.050 of the Council Policy Manual

RECOMMENDED ACTION:

Council CONSIDERS and ADOPTS Resolution approving clarifying edits to Section

2.09.050 of the City Council Policy Manual; and

FINDS the action is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly; and that the action is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. (14 CCR 15061(b)(3).)

REPORT IN BRIEF:

The City Attorney has identified potential ambiguity in Section 2.09.050 of the current Council Policy Manual that could increase the likelihood of a Brown Act violation in practice; so the City Attorney recommends some clarifying edits.

The Brown Act generally prohibits any discussion of matters not on the agenda.

Exceptions are few and limited. One of the exceptions allows for a council member to provide a brief report or make a brief request to add an item for discussion at a future meeting. The current policy isn’t entirely clear about whether and how much an accusing councilmember or an accused councilmember may speak to the merits of an accusation when a motion is brought under the section.

The City Attorney proposes that the council approve clarifying edits to Section 2.09.050 to reduce the likelihood of a discussion of the merits of an item before it is properly agendized, as well as the likelihood of a prolonged off-agenda discussion.

26529.00000\40723901.3
2 Specifically, the City Attorney recommends the following clarifying edits to Section

2.09.050:

2.09.050 COUNCIL MEMBER CONFLICTS.

This policy manual applies only to sitting Council Members and may only be enforced by the Council as a body, by majority vote (i.e., by at least three members of the Council).

Any Council Member who has evidence that a colleague on the council has committed a substantial violation of the policy manual may so indicate during thatthe reporting Council Member’s comment period. The Council Member reporting the alleged violation shouldmust be specific as to whatthe exact provision of the policy manual that has been allegedly violated and provide. The Council Member may briefly describe
evidence to support the claim.

The Council Member may then move to add a Council
discussion of the alleged violation to a future Council agenda.

If the motion

If the motion is seconded, the motion will go to a vote of the Council. Prior to the vote, the Council (including the accused colleague) may only discuss the scope of the motion (i.e., the scope of the discussion on the future agenda); the Council may not debate the merits of the accusation. Any discussion of the motion must be brief to ensure compliance with the Brown Act limits on discussion of items not on the agenda.

Because the item is not on the agenda, and the only question before the Council is whether to add it to a future agenda, no public comment is taken regarding a motion brought under this section.

If the motion passes, the alleged violation may be discussed at the future meeting. The accused colleague will be given opportunity to speak during the council deliberation on the question. The Council as a body decides, by majority vote, what action, if any, is appropriate to take in response to the reported violation.

26529.00000\40723901.3
3 ATTACHMENTS:

1. Resolution

26529.00000\40724001.1
RESOLUTION NO. 2022-38

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, APPROVING CLARIFYING EDITS TO SECTION 2.09.050 OF THE CITY COUNCIL POLICY MANUAL; AND FINDING THE ACTION TO BE

EXEMPT FROM CEQA
WHEREAS, the City Council may amend the Indian Wells City Council Policy Manual by resolution; and
WHEREAS, after due consideration of the accompanying staff report and all evidence in the record, the Council desires to make clarifying edits to Section 2.09.050 of the Manual; and WHEREAS, the action is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly; and that the action is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. (14 CCR 15061(b)(3).)

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The recitals above are adopted hereby as findings.

SECTION 2. Section 2.09.050 of the Indian Wells City Council Policy Manual is hereby amended to read in its entirety as follows:

2.09.050 COUNCIL MEMBER CONFLICTS.

This policy manual applies only to sitting Council Members and may only be enforced by the Council as a body, by majority vote (i.e., by at least three members of the Council).

Any Council Member who has evidence that a colleague on the council has committed a substantial violation of the policy manual may so indicate during the reporting Council Member’s comment period. The Council Member reporting the alleged violation must be specific as to the exact provision of the policy manual that has been allegedly violated. The Council Member may briefly describe evidence to support the claim.

The Council Member may then move to add a Council discussion of the alleged violation to a future Council agenda.

If the motion is seconded, the motion will go to a vote of the Council.

Prior to the vote, the Council (including the accused colleague) may only discuss the scope of the motion (i.e., the scope of the ATTACHMENT #1

26529.00000\40724001.1

City of Indian Wells
Resolution No. 2022-38

discussion on the future agenda); the Council may not debate the merits of the accusation. Any discussion of the motion must be brief to ensure compliance with the Brown Act limits on discussion of items not on the agenda.

Because the item is not on the agenda, and the only question before the Council is whether to add it to a future agenda, no public comment is taken regarding a motion brought under this section.

If the motion passes, the alleged violation may be discussed at the future meeting. The accused colleague will be given opportunity to speak during the council deliberation on the question. The Council as a body decides, by majority vote, what action, if any, is appropriate to take in response to the reported violation.

SECTION 3. This Resolution is effective immediately upon its adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on this 6th day of October 2022.

________________________________

DANA REED
MAYOR

CERTIFICATION FOR RESOLUTION NO. 2022-38

I, Angelica Avila, City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTIFY that the whole number of the members of the City Council is five (5); that the above and foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Indian Wells on the 6th day of October, 2022, by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:

_____________________________ ________________________________

ANGELICA AVILA TODD LEISHMAN

CITY CLERK CITY ATTORNEY

INDIAN WELLS CITY COUNCIL
October 6, 2022

To: City Council
From: City Manager Department
Prepared by: Angelica Avila, City Clerk
Subject: Recruitment Schedule for City’s Representative to the Coachella Valley Mosquito and Vector Control
Board

RECOMMENDED ACTION:

Council APPROVES the recruitment schedule; and
DESIGNATES Mayor Pro Tem Donna Griffith to serve as the Ad-Hoc Interview Committee for the Mosquito and Vector Control Board.

DISCUSSION:

The Mosquito and Vector Control Board’s (“Board”) mission is to reduce the risk of disease transmission by mosquitos and other vectors for residents and visitors of the Coachella Valley. The Board is comprised of eleven members representing Coachella Valley cities and the County. The Board meets on the second Tuesday of each month at 6:00 p.m.

The Board terms are on a calendar year basis ending on December 30 and may serve either a two-year or four-year term. The City’s current representative to the Board is Clive Weightman who was appointed in 2016 with his term ending on December 30, 2022.

In early October, staff began soliciting applications by advertising the recruitment in the Desert Sun and email notifications. In addition, applications are mailed to residents who expressed interest in serving. A link of the application and Board description is posted on the City’s website.

The deadline to apply is 5:00 p.m. on Friday November 4, 2022.

In 2017, the Council implemented one or two Council Member Ad-hoc committees to review applications and conduct interviews with the applicants. The Ad-hoc Interview Committees (“Ad-hoc Committee”) consist of one or two Council Members who are as designated by Council at a Council meeting. Staff recommends the Council designate

Mayor Pro Tem Donna Griffith to serve as Ad-hoc Committee for the Board.

Interviews will be scheduled between November 7-9, 2022. Interviews will be conducted via zoom/teleconference or in person. The Ad-hoc Committee will forward their appointment recommendations to the City Clerk no later than November 21, 2022. The Ad- Hoc Committee recommendations are to be introduced for approval at the December meeting for Council consideration.

INDIAN WELLS CITY COUNCIL
October 6, 2022

To: City Council
From: Finance Department
Prepared by: Kevin McCarthy, City Finance Director
Subject: First Amendment to Amended and Restated
Agreement with Burrtec Waste & Recycling
Services, LLC for Integrated Solid Waste
Management Services

RECOMMENDED ACTION:

Council APPROVES the First Amendment to the Amended and Restated Agreement between the City of Indian Wells and Burrtec Waste & Recycling Services, LLC for Integrated Solid Waste Management Services.

DISCUSSION:

SUMMARY

The California Legislature passed Senate Bill 1383 (SB 1383, Chapter 395, Statutes of 2016), which set in motion the most significant change in 30 years on how Californians handle solid waste, specifically organic waste. The regulations promulgated by the California Department of Resources Recycling and Recovery (“CalRecycle”) to implement SB 1383 (the “SB 1383 Regulations”) require the City to provide organic waste collection services to reduce the amount of organic waste, which includes food scraps and landscaping debris, disposed of in landfills.

The SB 1383 Regulations took effect on January 1, 202 2. The revised Franchise Agreement for your consideration today is a necessary component vital to implementing our Residential Organics Program and complying with the SB 1383 Regulations. Staff worked with Burrtec to revise the Agreement to include additional language addressing SB 1383 compliance.

Under the First Amendment, the SB 1383 Program implementation for residential customers will take effect by April 30, 2023. Staff worked with Burrtec to revise the Agreement to include additional language addressing SB 1383 compliance and ensure the City meets operational standards consistent with the needs of the Community.

The State implementation of the SB 1383 Regulations will result in cost increases for solid waste services, including the acquisition of new equipment, additional labor costs, training and education, special reporting costs, processing costs, and new waste containers.

BACKGROUND

SB 1383 regulations require the City to implement:

SB 1383 establishes statewide targets to reduce the amount of organic waste disposed of in landfills (50% reduction by 2020 and 75% by 2025). In addition, it aims to rescue at least 20% of currently disposed of edible food by 2025 and redirect that food to people in need.

Residential Collection Program.

Currently, Burrtec provides backyard trash and recycling services as follows:
 For trash, customers provide their own containers.
 For recycling, Burrtec provides a gray cart or an 18-gallon recycling crate.

By April 30, 2023, the residential solid waste collection program will change as follows:
 Residents will transition to a three-container collection program for the separate collection of solid waste (gray cart), recycling (blue cart), and organics (green cart).
 For trash, the current gray recycling carts will be relabeled and transitioned to trash carts. Any residential customer using recycling crates (and does not have a gray recycling cart) will receive a new gray trash container.  For recyclables, customers will receive either a blue recycling cart or crate.

Residents have the option of continuing to use a recycling crate instead of transitioning to a cart.
 For organic waste, customers will receive a new green cart.

The standard cart size is 35 gallons for the Gray, Blue, and Green carts. Residents can upgrade to a 65-gallon Gray or Blue cart at no additional cost. Under the terms of the First Amendment, Burrtec is required to label containers in accordance with the SB 1383 Regulations. In addition, the residential rollout will include the distribution of kitchen pails.

The kitchen pails support residents' collection and storage of food waste before it is placed into the green container.

Commercial Collection Program
Burrtec currently provides a three-container collection program for the separate collection of solid waste (gray container), recycling (blue container), and organics (green container). Commercial customers are currently compliant with the SB 1383 Regulations.

Processing Facilities.

Burrtec must provide a written annual notification certifying capacity for the City of Indian Wells as required by SB 1383 Regulations.

Contamination Monitoring Program.

Burrtec is required to provide monitoring, courtesy notices, assessments, and record keeping regarding the source separation of organic waste, recyclables, and solid waste in their respective collection containers, as required by the SB 1383 Regulations.

Consistent with Council’s resident communication values, the City's program will provide significant outreach and courtesy pick-up notifications as part of our efforts to decrease contamination and increase our diversion of organic waste and recyclables from landfills.

The City and Burrtec are collaborating to implement the Recyclist Software Systems software to record such matters for the City’s reporting requirements. In addition, City will continue its outreach and education on contamination issues with our business partners. Burrtec estimates that approximately 99% of the City’s commercial sector is subscribed to the three-container collection program unless otherwise exempt.

Route Reviews and Waste Evaluations.

Burrtec will collaborate with City to perform either route reviews or waste evaluations to meet SB 1383 Regulations that require community monitoring of all customer classes.

The City's contamination monitoring program includes all necessary monitoring, education and outreach to customers who contaminate containers, and recordkeeping.

Recovered Organic Waste Procurement Program.

Burrtec will assist the City in procuring recovered organic waste products such as compost and mulch at no cost to City. The recordkeeping component of this item is provided through Burrtec’s Recyclist Recordkeeping system.

Generator Waiver Program.

The City adopted an ordinance allowing commercial customers to apply for waivers from organic waste collection requirements. There are three types of waivers: de minimis (a low amount of waste is generated), physical space (the property does not have sufficient space for an organics container), and collection frequency (allows for the collection of blue and gray containers every other week). Burrtec reviews waiver applications and recommends to the City whether to approve or deny the applications. To date, the City has approved ten waivers. Burrtec will monitor the waiver program and perform the reverification of waivers.

Complaints Program.

The First Amendment requires Burrtec to investigate any complaints in accordance with SB 1383 Regulations. In addition, the City will have reports and recordkeeping of customers or persons filing complaints.

Education and Outreach Program.

The City and Burrtec acknowledge that education and public awareness are critical elements of any efforts to achieve AB 939 goals and implement the SB 1383 Regulations.

Accordingly, under the Amendment, Burrtec will implement a public education program to educate customers on the need for and methods of reducing waste, reusing products, and recycling. Additionally, Burrtec will provide resources and education to comply with Edible Food Recovery requirements as required by the SB 1383 Regulations.

The City is collaborating with Burrtec to provide a complimentary kitchen pail for our residents. Kitchen Pails will include welcome kits for residents and can be incredibly beneficial for those who want to start food scraping and need an easy and compact solution. Kitchen Pail Kits will include a City branded welcome note, a how-to-use guide, and sample liners for our residents. “

Significant Changes to the current agreement.

Term
The agreement will expire at midnight on June 30, 2037, instead of June 30, 2025.

Rates.

To reduce the initial rate impact on ratepayers, the following increases are necessary to provide organic waste collection services and programs to ensure the City complies with the SB 1383 Regulations. The annual Residential adjustment is based on several components associated with recycling, such as processing, transportation, and recycling commodity prices.

Burrtec has agreed to spread cost increases across three years to smooth out the initial rate impact for residential customers. As structured, the Residential Recycling Service Rates for residential customers for organic waste collection services will increase as follows:

 On July 1, 2023, by an additional $4.25 per month.
 On July 1, 2024, by an additional $4.25 per month.
 On July 1, 2025, by an additional $2.67 per month

ATTACHMENTS

1. First Amendment to Amended and Restated Agreement

FIRST AMENDMENT TO

AMENDED AND RESTATED AGREEMENT BETWEEN THE

CITY OF INDIAN WELLS AND

BURRTEC WASTE & RECYCLING SERVICES, LLC
FOR

INTEGRATED SOLID WASTE MANAGEMENT SERVICES
This First Amendment to Amended and Restated Agreement between the City of Indian Wells and Burrtec Waste and Recycling Services, LLC for Integrated Solid Waste Management Services (“First Amendment”) is entered into October 6, 2022 (“Effective Date”), by and between the City of Indian Wells, a California municipal corporation (the “City”) and Burrtec Waste & Recycling Services, LLC, a California limited liability company (“Contractor”). The City and Contractor are herein sometimes referred to collectively as “Parties” or individually as a “Party.”

RECITALS
WHEREAS, the City and Contractor previously entered into that certain Amended and Restated Agreement between the City of Indian Wells and Burrtec Waste & Recycling Services, LLC for Integrated Solid Waste Management Services dated May 17, 2018 (the “Agreement”); and
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (AB 939) (California Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for Solid Waste handling within their jurisdictions; and WHEREAS, the State of California has found and declared that the amount of Solid Waste generated in California, coupled with diminishing Disposal capacity and interest in minimizing potential environmental impacts from landfilling and the need to conserve natural resources, have created an urgent need for state and local agencies to enact and implement an aggressive integrated waste management program. The State has, through enactment of AB 939 and subsequent related legislation including, but not limited to: the Jobs and Recycling Act of 2011 (AB 341), the Event and Venue Recycling Act of 2004 (AB 2176), SB 1016 (Chapter 343, Statutes of 2008), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), directed the responsible State agency, and all local agencies, to promote a reduction in Landfill Disposal and to maximize the use of feasible waste reduction, Reuse, Recycling, and composting options in order to reduce the amount of material that must be Disposed; and,
WHEREAS, SB 1383 required the California Department of Resources Recycling and Recovery (“CalRecycle”) to promulgate regulations for jurisdictions, Generators, haulers, Solid Waste facilities, and other entities to support achievement of Statewide Organic Waste Disposal reduction targets (the “SB 1383 Regulations”); and
ATTACHMENT #1

WHEREAS, the SB 1383 Regulations require the City to implement Organic Waste Collection programs, meet Processing facility requirements, conduct contamination monitoring, provide education, maintain records, submit reports, monitor compliance, conduct enforcement, and fulfill other requirements; and, the City has chosen to delegate some of its responsibilities to the Contractor, and Contractor desires to assume these responsibilities; and WHEREAS, the City and Contractor desire to amend the Agreement as set forth herein.

NOW, THEREFORE, in consideration of the promises above stated and the terms, conditions, covenants, and agreements contained herein, the Parties do hereby agree as follows:

1. AMENDMENT TO ARTICLE 1.

The numbering scheme under Article 1 of the Agreement shall be deleted and the following definitions are added to and/or amend Article 1 of the Agreement, as set forth herein, as applicable.

Definitions otherwise contained in the Agreement and/or any previous amendment(s), but which are not addressed below, shall remain the same.

Back-Haul. “Back-Haul” means generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

Blue Container. “Blue Container” has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and Collection of Source Separated Recyclable Materials (SSBCOW).

CCR. “CCR” means the California Code of Regulations. CCR references in this Agreement are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR, Division 7, Chapter 12” refers to Title 14, Division 7, Chapter 12 of the California Code of Regulations).

Commercial Edible Food Generators. “Commercial Edible Food Generators” includes Tier One Commercial Edible Food Generators and Tier Two Commercial Edible Food Generators, or as otherwise defined in 14 CCR Section 18982(a)(7). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators, or as otherwise specified by 14 CCR Section 18982(a)(7).

Compost. “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), as may be amended from time to time.

Compostable Plastics. “Compostable Plastics” means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).

Edible Food. “Edible Food” means food intended for human consumption. For the purposes of this Agreement, Edible Food is not Solid Waste if it is recovered and not discarded.

Nothing in this Agreement requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. If the definition in 14 CCR

Section 18982(a)(18) for Edible Food differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall apply to this Agreement.

Excluded Waste. “Excluded Waste” means Hazardous Substance, Hazardous Waste, Infectious Waste, Designated Waste, volatile, corrosive, Medical Waste, infectious, regulated radioactive waste, and toxic substances or material that Facility operator(s) reasonably believe(s) would, as a result of or upon acceptance, Transfer, Processing, or Disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be Disposed of in Class III Landfills or accepted at the Facility by permit conditions, waste that in Contractor’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Contractor or City to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe Collection, Processing, Recycling, treatment, and Disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

Food Recovery. “Food Recovery” means actions to collect and distribute food for human consumption which otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

Food Recovery Organization. “Food Recovery Organization” means an entity that primarily engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and that distributes Edible Food to the public for Food Recovery either directly or through other entities, including, but not limited to:

A. A food bank as defined in Section 113783 of the Health and Safety Code; B. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
C. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Agreement.

Food Recovery Service. “Food Recovery Service” means a Person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery; or as otherwise defined in 14 CCR Section 18982(a)(26).

Food Scraps. “Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.

Food-Soiled Paper. “Food-Soiled Paper” means compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.

Food Waste. “Food Waste” means Source Separated Food Scraps, Food-Soiled Paper, and Compostable Plastics. Food Waste is a subset of SSGCOW. Edible Food separated for Food Recovery shall not be considered Food Waste.

Gray Container. “Gray Container” has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and Collection of Gray Container Waste.

Gray Container Waste. “Gray Container Waste” means Solid Waste that is collected in a Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). Gray Container Waste may specifically include carpet, Non- Compostable Paper and textiles.

Green Container. “Green Container” has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of SSGCOW.

Hauler Route. “Hauler Route” means the designated itinerary or sequence of stops for each segment of the City’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

Large Event. “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this Agreement.

Large Venue. “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of 14 CCR, Division 7, Chapter 12 and this Agreement, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of 14 CCR, Division 7, Chapter 12 and this Agreement, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this Agreement.

Non-Compostable Paper. “Non-Compostable Paper” includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

Non-Organic Recyclables. “Non-Organic Recyclables” means non-putrescible and non- hazardous recyclable wastes including, but not limited to, bottles, cans, metals, plastics, and glass,

or as otherwise defined in 14 CCR Section 18982(a)(43). Non-Organic Recyclables are a subset of Source Separated Recyclable Materials.

Organic Waste/Organic Material. “Organic Waste” or “Organic Material” means Solid Wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, Yard Trimmings, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively.

Paper Products. “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or as otherwise defined in 14 CCR Section 18982(a)(51).

Performance-based Compliance Approach. “Performance-based Compliance Approach” means the method of complying with the SB 1383 Regulations through implementation of a collection system, programs, and policies in accordance with 14 CCR, Division 7, Chapter 12, Article 17, or as otherwise defined by 18982(a)(52.5), and all associated requirements.

Printing and Writing Papers. “Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications; or as otherwise defined in 14 CCR Section 18982(a)(54).

Processing. “Processing” means the controlled separation, recovery, volume reduction, conversion, or Recycling of Solid Waste including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment, or as otherwise defined in 14 CCR Section 17402(a)(20).

Prohibited Container Contaminants. “Prohibited Container Contaminants” means the following: (i) Discarded Materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the Blue Container; (ii) Discarded Materials placed in the Green Container that are not identified as acceptable SSGCOW for the Green Container; (iii) Discarded Materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials and/or SSGCOW to be placed in the Green Container and/or Blue Container; and (iv) Excluded Waste placed in any Container.

Recycle/Recycling. “Recycle” or “Recycling” means the process of Collecting, sorting, cleansing, treating, and reconfiguring materials for the purpose of returning them to the economic mainstream in the form of raw material for new, Reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace. Recycling includes processes deemed to constitute a reduction of Landfill Disposal pursuant to 14 CCR, Division 7, Chapter 12, Article

2. Recycling does not include gasification or transformation as defined in Public Resources Code Section 40201.

Reuse. “Reuse” or any variation thereof, means the use, in the same, or similar, form as it was produced, of a material which might otherwise be discarded, or as otherwise defined in 14 CCR Section 17402.5(b)(2).

SB 1383. “SB 1383” means Senate Bill 1383 (Chapter 395, Statutes of 2016), establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended from time to time.

SB 1383 Regulations. “SB 1383 Regulations” refers to the Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted in 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR.

Service Level. “Service Level” refers to the number and size of a Customer’s Container(s) and the frequency of Collection service, as well as ancillary services such as lock/unlock service, Container push/pull service, etc.

Source Separated. “Source Separated” means materials, including commingled Recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or Processing those materials for Recycling or Reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the Agreement, Source Separated shall include separation of materials by the Generator, Property Owner, Property Owner’s employee, property manager, or property manager’s employee into different Containers for the purpose of Collection such that Source Separated materials are separated from Gray Container Waste and other Solid Waste for the purposes of Collection and Processing.

Source Separated Blue Container Organic Waste/SSBCOW. “Source Separated Blue Container Organic Waste” or “SSBCOW” means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non- Organic Recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).

Source Separated Green Container Organic Waste/SSGCOW. “Source Separated Green Container Organic Waste” or “SSGCOW” means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, carpets, Non- Compostable Paper, and textiles.

Source Separated Recyclable Materials. “Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables and SSBCOW.

Standard Compliance Approach. “Standard Compliance Approach” means the method for complying with the SB 1383 Regulations through implementation of a collection system pursuant to 14 CCR, Division 7, Chapter 12, Article 3, and all associated program and policy requirements.

Tier One Commercial Edible Food Generator. “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982:

A. Supermarket.

B. Grocery Store with a total facility size equal to or greater than 10,000 square feet.

C. Food Service Provider.

D. Food Distributor.

E. Wholesale Food Vendor.

If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Agreement.

Tier Two Commercial Edible Food Generator. “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982:

A. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

B. Hotel with an on-site food facility and 200 or more rooms.

C. Health facility with an on-site food facility and 100 or more beds.

D. Large Venue.

E. Large Event.

F. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

G. A local education agency with an on-site food facility.

If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Agreement.

Yard Trimmings. “Yard Trimmings” means types of SSGCOW resulting from normal yard and landscaping installation, maintenance, or removal that the Generators Source Separate and set out in Green Containers for Collection for the purpose of Processing by the Contractor.

2. TERM.

Section 2.3 shall be amended it is entirety to read as follows:
“The term of this Agreement shall expire at midnight on June 30, 2037.

Section 2.4 of the agreement shall be deleted in its entirety.

3. THREE-CONTAINER SYSTEM.

Sections 4.2, 4.3.2, and 4.3.3.1 of the Agreement are deleted in their entirety and the following is added to Section 4.2:

“4.2 Collection.

4.2.1 General.

No later than April 30, 2023, Contractor shall provide a three-Container Collection program for the separate Collection of Source Separated Recyclable Materials, SSGCOW, and Gray Container Waste as specified in this Agreement, using Containers that comply with the requirements of this Agreement and SB 1383 Regulations. Contractor shall not knowingly Collect Blue, Green, or Gray Containers that include Prohibited Container Contaminants.

4.2.2 Source Separated Recyclable Materials Collection (Blue Container).

Contractor shall provide Blue Containers to Customers for Collection of Source Separated Recyclable Materials and shall provide Source Separated Recyclable Materials Collection service, Contractor shall Transport the Source Separated Recyclable Materials to Facility that recovers the materials designated for Collection in the Blue Containers, in accordance with the SB 1383 Regulations.

Source Separated Recyclable Materials that are to be accepted for Collection in the Source Separated Recyclable Materials Collection program include the following: (i) Non-Organic Recyclables such as: aluminum, glass bottles and jars, rigid plastics (marked # 1 through # 7), and tin and bi-metal cans; and (ii) SSBCOW such as: Paper Products, Printing and Writing Papers, wood and dry lumber.

4.2.3 SSGCOW Collection (Green Container).

Contractor shall provide Green Containers to Customers for Collection of SSGCOW and shall provide SSGCOW Collection service. Contractor shall Transport the SSGCOW to a Facility in accordance with SB 1383 Regulations.

SSGCOW that are to be accepted for Collection in the SSGCOW Collection program include the following: Food Scraps; Food-Soiled Paper; Yard Trimmings, which are defined below; Carpets, non-Compostable Paper, textiles, and Prohibited Container Contaminants shall not be Collected in the Green Containers. Yard Trimmings that are to be accepted for Collection in the SSGCOW Collection program include the following: green trimmings, grass, weeds, flowers, leaves, pruning’s, branches, dead plants, brush, tree trimmings, dead trees weighing no more than 50 pounds, and other types of SSGCOW resulting from normal yard and landscaping installation, maintenance, or removal, provided all SSGCOW fits inside the Green Container with the lid closed and does not exceed 75 pounds.

Contractor may require Customers and Generators to place Food Waste in plastic bags or other paper wrappings and put the bagged or wrapped Food Waste in the Green Container. At least three (3) months prior to the commencement of the use of plastic bags for the Food Waste program, Contractor shall provide written notification to the City that allowing the use of bags does not inhibit the ability of the City to comply with SB 1383 Regulations, and that the Facility can Process and remove plastic bags when it recovers SSGCOW. Contractor shall provide annual written notification to the City that the Facility has and will continue to have the capabilities to Process and remove plastic bags when it recovers SSGCOW.

Contractor may Collect compliant Compostable Plastics, as defined, in the Green Containers for Processing. At least three (3) months prior to the commencement of the Collection of Compostable Plastics in the SSGCOW program, Contractor shall provide written notification to the City whether the Facility can or cannot Process and recover these Compostable Plastics in accordance with SB 1383 Regulations. If the Facility can process and recover Compostable Plastics, and Contractor elects to Collect Compostable Plastics in the Green Container, then Contractor shall provide annual written notification to the City that the Facility has and will continue to have the capabilities to Process and recover the Compostable Plastics. If the Facility cannot process and recover Compostable Plastics, then Contractor will not Collect Compostable Plastics in the Green Container.

4.2.4 Gray Container Waste Collection.

Contractor shall provide Gray Containers to Customers for Collection of Gray Container Waste, and shall provide Gray Container Waste Collection service. Contractor shall Transport the Gray Container Waste to a Facility in accordance with the SB 1383 Regulations. Contractor may allow carpets, Non-compostable Paper and textiles to be placed in the Gray Containers. Prohibited Container Contaminants shall not be Collected in the Gray Containers.”

4. CONTAMINATION MONITORING.

Section 5.4 is hereby added to the Agreement as follows:
“5.4 Contamination Monitoring.

5.4.1 Actions upon Identification of Prohibited Container Contaminants.

Upon finding Prohibited Container Contaminants in a Container, Contractor shall follow the protocols set forth in this Section.

5.4.1.1 Record Keeping. The driver or other Contractor representative shall record each event of identification of Prohibited Container Contaminants in a written log or in the on-board computer system including date, time, Customer’s address, type of Container (Blue, Green, or Gray Container).

5.4.1.2. Courtesy Pick-Up Notices. Upon identification of Prohibited Container Contaminants in a Customer’s Container, Contractor shall provide the Customer a courtesy pick-up notice. The courtesy pick-up notification shall: (i) inform the Customer of the observed presence of Prohibited Container Contaminants; (ii) include the date and time the Prohibited Container Contaminants were observed; (iii) include information on the Customer’s requirement to properly separate materials into the appropriate Containers, and the accepted and prohibited materials for Collection in the Blue Container, Green Container, and/or Gray Container; (iv) inform the Customer of the courtesy pick-up of the contaminated materials for that instance with information that following three instances of Prohibited Container Contaminants within a six- month time period, Contractor may assess contamination Processing fees; and, (v) may include photographic evidence. Contractor shall leave the courtesy pick-up notice attached to or adhered to the Generators’ contaminated Containers; at the Premises’ door or gate; or may deliver the notice by mail, e-mail, text message, or other electronic message.

5.4.1.3. Notice of Assessment of Contamination Processing Fees. If the Contractor observes Prohibited Container Contaminants in a Generator’s Container on more than three occasions within a six-month time period, and issued courtesy pick-up notices on each of those occasions, the Contractor may impose a contamination Processing fee of $25 for residential customers and $75 for commercial customers (which will be adjusted annually pursuant to Article 6). Contractor shall notify the City in its monthly report of Customers for which contamination Processing fees were assessed. Contractor shall leave a contamination Processing fee notice attached to or adhered to the Generators’ contaminated Containers; at the Premises’ door or gate; or may deliver the notice by mail, e-mail, or other electronic message. The contamination Processing fee notice shall describe the specific material(s) of issue, explain how to correct future set outs, and indicate that the Customer will be charged a contamination Processing fee on its next bill. The format of the contamination Processing fee notice shall be approved by the City.

5.4.1.4. Disposal of Contaminated Materials. If the Contractor observes Prohibited Container Contaminants in a Generator’s Container(s), Contractor may Dispose of the Container’s contents, provided Contractor complies with the noticing requirements in Section 5.4.1.1 above.”

5. ROUTE REVIEWS AND WASTE EVALUATIONS.

Section 5.5 is hereby added to the Agreement as follows:
“5.5 Route Reviews and Waste Evaluations.

Contractor shall meet its SB 1383 Regulations contamination monitoring requirements commencing after program implementation using either Route Reviews or Waste Evaluations; provided however, that if Contractor complies with SB 1383 Regulations using a Performance- based Compliance Approach, it shall monitor containers using waste evaluations, as outlined herein:

5.5.1 Route Reviews.

5.5.1.1 If Contractor elects to perform Route Reviews, Contractor shall conduct Hauler Route reviews for Prohibited Container Contaminants in Collection Containers in a manner that is deemed safe by the Contractor; is approved by the City; is conducted in a manner that results in all Hauler Routes being reviewed annually, and is consistent and in accordance with SB 1383 Regulations. Containers may be randomly selected along the Hauler Route. This Section should not be construed to require that every container on a Hauler Route must be sampled annually.

5.5.1.2 Upon finding Prohibited Container Contaminants in the Container, Contractor shall follow the contamination monitoring noticing procedures contained herein.

5.5.2 Waste Evaluations.

Alternatively, if Contractor elects to perform Waste Evaluations, Contractor shall, conduct waste evaluations that comply with and meet the requirements of 14 CCR Section 18984.5(c). The City maintains the right to observe, or hire a third party to observe, the waste evaluations.

5.5.2.1 Sampling Method, Study Protocols. Contractor shall conduct waste evaluations for Prohibited Container Contaminants by sampling the contents of Containers on Hauler Routes in the following manner:

5.5.2.1.1 If using a Standard Compliance Approach,
Contractor shall conduct waste evaluations at least twice per year and in two distinct seasons of the year in a manner that complies with the requirements of 14 CCR section 18984.5(c). If using a Performance-based Compliance Approach, Contractor shall conduct waste evaluations at least twice per year for the Blue and Green Containers and at least once per quarter for the Gray Containers.

5.5.2.1.2 Contractor’s waste evaluations shall include samples of Source Separated Recyclable Materials, SSGCOW, and Gray Container Waste.

5.5.2.1.3 The waste evaluations shall include samples from each Container type served by the Contractor and shall include samples taken from different areas in the City that are representative of the City’s waste stream.

5.5.2.1.4 The waste evaluations shall include at least the minimum number of samples specified in SB 1383 Regulations.

5.5.2.1.5 Contractor shall Transport all of the material Collected for sampling to a sorting area at a permitted solid waste Facility where the presence of Prohibited Container Contaminants for each Container type shall be measured to determine the ratio of Prohibited Container Contaminants present in each material stream by weight. To determine the ratio of Prohibited Container Contaminants, Contractor shall use the protocol outlined in SB 1383 Regulations.

5.5.2.2 Contamination Response. If the sampled weight of Prohibited Container Contaminants exceeds twenty-five percent (25%) of the measured sample for any material stream, the Contractor shall:

5.5.2.2.1 If using a Performance-based Compliance Approach, notify the City within fifteen (15) working days of the waste evaluation. Note: City is required to notify CalRecycle within 30 days if using performance-based compliance approach.

5.5.2.2.2 Within fifteen (15) working days of the waste evaluation, notify all Generators on the sampled Hauler Route of their requirement to properly separate materials into the appropriate Containers. The Contractor may provide this information by placing a written notice on the Generators’ Containers or the gate or door of the Premises; and/or by mail, email, or electronic message to the Generators. The format of the warning notice shall be approved by the City.

5.5.2.2.3 If using a Performance-based Compliance Approach, Contractor shall allow a representative of the City and/or CalRecycle to oversee its next scheduled quarterly sampling of the Gray Containers, upon request.

5.5.2.3 Material Exceptions. Organic Waste that is textiles, carpet,

hazardous wood waste, human waste, pet waste, or material subject to a quarantine on movement issued by a County agricultural commissioner is not required to be measured as Organic Waste when calculating the amount of Organic Waste present in the Gray Container Waste.

5.5.3. Recordkeeping Requirements. Contractor shall maintain all applicable records required under SB 1383 Regulations, and report to the City on a monthly basis on contamination monitoring activities, route reviews and/or waste evaluations, and actions taken.

5.5.4. Nothing in this section shall prohibit Contractor from meeting its compliance requirements by any alternative methods or procedures, provided it complies with SB 1383, the SB 1383 Regulations, and/or any other applicable law, as may be amended from time to time.”

6. INSPECTION AND ENFORCEMENT.

Section 5.6 is added to the Agreement as follows:
“5.6 Inspection and Enforcement.

Beginning May 1, 2023, Contractor shall assist the City with and/or conduct applicable inspections and enforcement required by SB 1383 Regulations, to the extent delegable.

Contractor shall perform route reviews, compliance reviews, and inspections and reviews in accordance with 14 CCR Section 18995.1.

When compliance reviews are performed by Contractor, Contractor shall provide City- approved educational materials, in response to violations. Contractor shall provide these educational materials to the non-compliant Customers within two (2) working days of determination of non-compliance or immediately upon determination of non-compliance if such non-compliance is determined during an inspection or route review. Contractor shall document the non-compliant Customers and the date and type of education materials provided and report such information to the City. The City shall be responsible for subsequent enforcement action against the Customer.

Contractor shall maintain a computer database of all oral and written SB 1383-related non- compliance incidents reported to Contractor from Customers or other persons, and documentation related to route reviews, compliance reviews, inspections, and enforcement.

Contractor shall maintain all applicable records from inspection and enforcement in accordance with SB 1383 Regulations.”

7. PROVISION FOR RECOVERED ORGANIC WASTE PRODUCT.

Section 5.7 is added to the Agreement as follows:
“5.7 Provision for Recovered Organic Waste Product.

Contractor shall serve as a direct service provider for the purpose of the City meeting its annual recovered organic waste procurement target, and procure the products and quantities

necessary for the City to meet its annual recovered organic waste procurement target under 14 CCR sections 18993.1-18993.2 and at no cost to the City. City may direct Contractor to distribute the procured products and quantities within the City after consulting with Contractor.”

8. GENERATOR WAIVER PROGRAM COORDINATION.

Section 5.8 is added to the Agreement as follows:
“5.8 Generator Waiver Program Coordination.

5.8.1 General. In accordance with SB 1383 Regulations and Section 8.32.040 of the Indian Wells Municipal Code, the City may grant waivers (de minimis, physical space or Collection frequency) to Generators that impact the scope of Contractor’s provision of service for those Customers. If the City uses a Performance-based Compliance Approach, the City agrees it will only grant waivers if at least ninety percent (90%) of Single-Family Generators and ninety percent (90%) of Commercial Generators (including Multi-Family Generators) participate in the three-Container Collection program.

5.8.2 Requests Submitted to Contractor. Generators may submit requests for de minimis waivers, physical space waivers, and Collection frequency waivers to the Contractor.

Contractor shall within 10 days review the Generator’s waiver application and inspect the Generator’s Premises to verify the accuracy of the application. Contractor shall provide documentation of the inspection, including the Contractor’s recommendation to approve or deny the waiver request, and send this information to the City within 15 days of receipt of the Generator’s waiver application for the City’s review and approval. The City ultimately retains the right to approve or deny any application, regardless of the Contractor’s recommendation.

Contractor shall report information regarding waivers reviewed on a monthly basis.

5.8.3 Contractor Change in Customers’ Service Levels. When the City grants a waiver to a Generator, the City shall notify the Contractor within five (5) days of the waiver approval with information on the Customer and any changes to the Service Level or Collection service requirements for the Customer. Contractor shall have five (5) days to modify the Customer’s Service Level and billing statement, as needed.

5.8.4 Reverification of Waivers. It shall be the responsibility of Contractor to verify that the Generators with de minimis, physical space constraint, or Collection frequency waivers continue to meet the waiver requirements set forth in this Section. Contractor shall conduct such reverifications of waivers through inspection of each Generator’s Premises and review of applicable records at least once every five (5) years for de minimis and physical space constraint waivers. Contractor shall maintain a record of each waiver verification and provide a monthly report to the City documenting the waiver reverifications performed and recommendations to the City on those waivers that Contractor concludes are no longer warranted. The City shall make a final determination of the waiver eligibility of Generators.

5.8.5 Contractor Recordkeeping of Generators Granted Waivers. Upon Contractor request, no more than two (2) times per year, the City shall provide Contractor an updated listing of waivers approved by the City, including the Generators’ names, mailing address,

service address, and type of waiver. Contractor shall maintain waiver-related records and report on waiver verifications, as required herein.”

9. COMPLAINTS.

Section 5.2.5 is added to the Agreement as follows:
“5.2.5 SB 1383 Complaints.

5.2.5.1 Contractor shall coordinate with the City and/or investigate any applicable complaints, if required by and in accordance with SB 1383 Regulations.

5.2.5.2 Contractor agrees to maintain a computer database log of all applicable oral and written complaints received by Contractor from Customers or other persons.

Contractor shall be responsible for the prompt and courteous attention to, and prompt and reasonable resolution of, all applicable Customer complaints. Contractor agrees to document and maintain for a period of at least twenty-four (24) months on a form or log all Complaints registered by Customers and persons.”

10. SB 1383 EDUCATION AND OUTREACH.

Section 5.3.7 is hereby added to the Agreement as follows:
“5.3.7 SB 1383 Education and Outreach

5.3.7.1 Contractor shall create all applicable education materials and conduct all education programs and activities as provided by and in accordance with the SB 1383 Regulations. Contractor shall cooperate and coordinate with the City on public education activities.

5.3.7.2 On or before November 1, 2022, the Contractor shall develop a list of Food Recovery Organizations and Food Recovery Services operating within the City, maintain the list on Contractor’s City-specific website, share the list with the City for the City wants to post the list on additional City websites, and update the list annually. The list shall include, at a minimum, the following information about each Food Recovery Organization and each Food Recovery Service:

1. Name and physical address;

2. Contact information;

3. Collection service area; and,

4. An indication of types of Edible Food the Food Recovery Service or Food Recovery Organization can accept for Food Recovery.

5.3.7.3 At least annually, the Contractor shall provide Commercial Edible Food Generators with the following information:

1. Information about the City’s Edible Food Recovery program;

2. Information about the Commercial Edible Food Generator requirements under 14 CCR, Division 7, Chapter 12, Article 10;

3. Information about Food Recovery Organizations and Food Recovery Services operating within the City, and where a list of those Food Recovery Organizations and Food Recovery Services can be found; and,

4. Information about actions that Commercial Edible Food Generators can take to prevent the creation of Food Waste.

5.3.7.4 Contractor may provide the information required in Section 5.3.7.3 by including it with regularly scheduled notices, education materials, billing inserts, or other information disseminated to Commercial Businesses.

5.3.7.5 Contractor shall comply with all applicable public education and outreach record keeping and reporting requirements as provided by SB 1383 and the SB 1383 Regulations.

11. CONTAINER REQUIREMENTS.

Section 4.5.3 is deleted in its entirety and the following substituted in its stead:
“4.5.3 Containers
Contractor shall provide all Customers with Collection Containers that comply with the Container color requirements specified in this Agreement or as otherwise specified in the SB 1383 Regulations. If an existing Container breaks or is otherwise rendered non-functional on or after January 1, 2022, the Contractor shall replace the non-functional Container with a Container that complies with the color requirements of this Agreement. Notwithstanding this Section, the Contractor is not required to replace functional Containers, including Containers purchased prior to January 1, 2022, that do not comply with the color requirements of this Agreement prior to the end of the useful life of those Containers, or prior to January 1, 2036, whichever comes first.

As of the Effective Date, Contractor shall place a label on the body or lid of each new Container that has been provided to a Customer that includes language or graphic images, or both, that indicate the primary materials accepted and the primary materials prohibited in that Container.

Labels shall clearly indicate items that are Prohibited Container Contaminants for each Container.

Contractor shall provide one (1) 35-gallon Gray, Blue, and Green containers to all single family or multi-family individual residential properties, at rates that do not exceed those rates in Exhibit 3. Residents may upgrade to a 65-gallon Gray or Blue container in lieu of a 35-gallon, at no additional charge. Residents that are currently utilizing recycling crates may continue to use such crates for recycling or switch to a 35-gallon container. Contractor shall make available additional containers for residents who request more than one, at rates identified in Exhibit 3. All

requested containers shall be provided in a quantity so as to contain all Solid Waste generated by that Residential Premises in the course of one week and shall not exceed 75 pounds per container when full.

Contractor shall also provide to all residential and Multi-Family Units kitchen pails designed to contain Food Waste prior to placement in the Customers Organic’s Material Cart.

Replacement pails will be provided to residential and Multi-Family Customers at no cost, requests for additional pails will be charged at the rate in Exhibit 3.”

12. RATES
Section 6.3.4 is hereby added to the Agreement as follows:
“6.3.4 New Program Residential Phase-In.

Contractor shall receive the following compensation, in addition to the adjustment calculated in Section 6:
• July 1, 2023, an additional four dollars and twenty-five cents ($4.25) per month added to the Residential Recycling Service Rate
• July 1, 2024, an additional four dollars and twenty-five cents ($4.25) per month added to the Residential Recycling Service Rate
• July 1, 2025, an additional two dollars and sixty-seven cents ($2.67) per month added to the Residential Recycling Service Rate.”

13. RECORDKEEPING AND REPORTING.

Item (g) is hereby added to Section 8.2.4 to read as follows:
“g) SB 1383 Recordkeeping and Reporting. Contractor shall maintain all applicable records and assist the City in meeting all applicable reporting, as required by the SB 1383 Regulations. Contractor shall allow City to audit and inspect such records and reports upon reasonable request.”

14. OTHER TERMS AND CONDITIONS UNCHANGED.

Except as expressly amended by this First Amendment, all other terms and conditions of the Agreement shall remain unchanged. In the event of any conflict between the terms and conditions of this First Amendment and the terms and conditions of the Agreement and/or any

previous amendment thereto, the terms and conditions of this First Amendment shall prevail and control.

15. COUNTERPARTS.

This First Amendment may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed by and through their respective authorized officers, as of the date first above written.

CITY OF INDIAN WELLS BURRTEC WASTE & RECYCLING

SERVICES, LLC
(“City”)

(“Contractor”)
By: By:

Dana Reed, Mayor
Its:

Attest:

By:

Angelica Avila, City Clerk

Approved as to Form:

By:

Todd Leishman, City Attorney

26529.00000\40722744.1

INDIAN WELLS CITY COUNCIL
October 6, 2022

To: City Council
From: City Attorney
Prepared by: Todd Leishman, City Attorney
Subject: Adopting by Reference 2022 Edition of California Building Standards Code and Other Uniform Codes;
and Setting a Public Hearing for Same
RECOMMENDED ACTIONS:

Council INTRODUCES Ordinance Repealing and Recasting Title 16 of the Indian Wells Municipal Code; Adopting by Reference the 2022 Edition of the California Building Standards Code (California Code of Regulations, Title 24); Including the 2022 California Building Code (Incorporating and Amending the 2021 International Building Code); the 2022 California Mechanical Code (Incorporating and Amending the 2021 Uniform Mechanical Code); the 2022 California Plumbing Code (Incorporating and Amending the 2021 Uniform Plumbing Code); the 2022 California Electrical Code (Incorporating and Amending the 2020 National Electrical Code); the 2022 California Energy Code; the 2022 California Historical Building Code; the 2021 Uniform Swimming Pool, Spa & Hot Tub Code; the 2022 California Fire Code (Incorporating and Amending the 2021 Edition of the International Fire Code); the 2021 International Property Maintenance Code; and the 2022 California Green Building Standards Code; and the 2022 California Residential Code (Incorporating and Amending the 2021 International Residential Code); Together with Certain Additions, Insertions, Deletions and Changes Thereto; and SETS a public hearing for November 3, 2022, to take testimony and consider adopting the Ordinance.

BACKGROUND:

Every three years, the California Building Standards Commission updates the California Building Codes to reflect the latest in building and fire safety standards. In December 2021 and January 2022, the California Building Standards Commission published the 2022 California Building Standards Code. The 2022 California Building Standards Code takes effect on January 1, 2023.

26529.00000\40722744.1

While the 2022 California Building Standards Code takes effect on January 1, 2023 whether or not the City takes any action, state law allows cities to adopt and amend the codes to meet local needs. Specifically, the City is permitted to establish more restrictive building standards than those contained in the Code provided the amendments are supported by express findings showing that are “reasonably necessary because of local climatic, geological or topographical conditions.” (Health & Saf. Code, §§ 18941.5, 17958.7.) Also, adopting the California Building Standards Code into the City’s Municipal Code will allow the City to prosecute violations of the Building Standards Code as violations of its Municipal Code.

The City is served by Riverside County for fire services. The City has consulted with the County, and Indian Wells Municipal Code Chapter 16.32 (Fire Code) includes provisions that mirror those provisions that will be adopted in the County Code.

This proposed ordinance will repeal and recast Title 16 of the Indian Wells Municipal Code and adopt by reference the 2022 California Building Standards Code, the 2022 Fire Code, and other uniform codes.

The amendments to the Building Code, contained in Title 16 of the Municipal Code, have been prepared by the City’s Building and Code Enforcement staff . The justifications, findings, and explanations for the changes to the Building Code and other uniform codes are listed in Exhibit “A” to Ordinance.

The amendments to the Fire Code, contained in Chapter 16.32 of the Municipal Code, have been prepared by the Office of the Fire Marshal, CAL FIRE/Riverside County Fire Department. The findings and explanations for the changes to the Fire Code are listed in Exhibit A to Ordinance.

FISCAL IMPACT:

Other than staff time and contract legal and building division labor costs, there are no direct costs associated with the adoption of this Ordinance.

ATTACHMENTS:

1. Ordinance

2. Redline of Proposed Changes

ORDINANCE NO. 745

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, REPEALING AND RECASTING TITLE 16 OF THE INDIAN WELLS MUNICIPAL CODE; ADOPTING BY REFERENCE THE 2022 EDITION

OF THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24); INCLUDING THE 2022 CALIFORNIA BUILDING CODE (INCORPORATING AND AMENDING THE 2021
INTERNATIONAL BUILDING CODE); THE 2022 CALIFORNIA MECHANICAL CODE (INCORPORATING AND AMENDING THE 2021 UNIFORM
MECHANICAL CODE); THE 2022 CALIFORNIA PLUMBING CODE
(INCORPORATING AND AMENDING THE 2021 UNIFORM PLUMBING
CODE); THE 2022 CALIFORNIA ELECTRICAL CODE (INCORPORATING AND AMENDING THE 2020 NATIONAL ELECTRICAL CODE); THE 2022 CALIFORNIA ENERGY CODE; THE 2022 CALIFORNIA HISTORICAL
BUILDING CODE; THE 2021 UNIFORM SWIMMING POOL, SPA & HOT TUB CODE; THE 2022 CALIFORNIA FIRE CODE (INCORPORATING AND
AMENDING THE 2021 EDITION OF THE INTERNATIONAL FIRE CODE); THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE; THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE; AND THE 2022

CALIFORNIA RESIDENTIAL CODE (INCORPORATING AND AMENDING THE 2021 INTERNATIONAL RESIDENTIAL CODE); TOGETHER WITH

CERTAIN ADDITIONS, INSERTIONS, DELETIONS AND CHANGES

THERETO
WHEREAS, pursuant to Government Code Section 50022.1 et seq. the City of Indian Wells (the “City”) may adopt by reference the California Building Standards Code, 2022 Edition as provided in Title 24 of the California Code of Regulations, and other codes, including the 2022 California Fire Code; and
WHEREAS, the California Building Standards Commission ("Commission") recently adopted the 2022 Edition of the California Building Standards Code; and WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 authorize cities to adopt the California Building Standards Code with modifications determined to be reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, the City of Indian Wells desires to adopt the California Building Standards Code; including the 2022 California Building Code (Incorporating and Amending the 2021 International Building Code); the 2022 California Mechanical Code (Incorporating and Amending the 2021 Uniform Mechanical Code); the 2022 California Plumbing Code
ATTACHMENT #1

City of Indian Wells
Ordinance No. 745

(Incorporating and Amending the 2021 Uniform Plumbing Code); the 2022 California Electrical Code (Incorporating and Amending the 2020 National Electrical Code); the 2022 California Energy Code; the 2022 California Historical Building Code; the 2021 Uniform Swimming Pool, Spa & Hot Tub Code; the 2022 California Fire Code (Incorporating and Amending the 2021 Edition of the International Fire Code); the 2021 International Property Maintenance Code; and the 2022 California Green Building Standards Code; and the 2022 California Residential Code (Incorporating and Amending the 2021 International Residential Code); (collectively, the “Codes”); together with the necessary amendments to assure the Codes are tailored to the particular safety needs of the City as required by its unique climatic, geological, and topographical conditions; and WHEREAS, the Building Official has recommended that changes and modifications be made to the Codes, and has advised that certain changes and modifications to said Codes are reasonably necessary due to local conditions within the City of Indian Wells, and have further advised that the remainder of the said changes and modifications are of an administrative or procedural nature, or concern themselves with subjects not covered by the Code, or are reasonably necessary to safeguard life and property within the City of Indian Wells; and WHEREAS, the Building Official has also recommended that changes and modifications be made to the Codes, which are necessary for administrative clarification and to establish administrative standards for the effective enforcement of the building standards of the City of Indian Wells and do not modify a building standard pursuant to California Health & Safety Code Sections 17958, 17958.7, and/or 18941.5; and
WHEREAS, the Office of the Fire Marshal has recommended changes to the Fire Code, and has advised that certain changes and modifications to said Codes are reasonably necessary due to local conditions within the City of Indian Wells, and have further advised that the remainder of the said changes and modifications are of an administrative or procedural nature, or are reasonably necessary to safeguard life and property within the City of Indian Wells; and WHEREAS, the City Council conducted first reading of this ordinance on October 6, 2022; and
WHEREAS, notice of a public hearing on this Ordinance was published in the Desert Sun on September 25, 2022 and October 1, 2022; and
WHEREAS, the City Council held a public hearing on November 3, 2022, as required by law, at which time the Council determined that the adoption of the Codes and amendments thereto are in the best interest of the City and are based on the findings required by law; and WHEREAS, at least one copy of each of the Codes adopted by reference by this ordinance were available for public inspection at the office of the City Clerk fifteen (15) days preceding the public hearing pursuant to Government Code Section 50022.6.

City of Indian Wells
Ordinance No. 745

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Authority. The City Council enacts this Ordinance under the authority granted to the City as follows:

A. California Government Code Section 50022.1 et seq. authorizes the City to adopt by reference the California Building Standards Code and authorizes the City to adopt other codes by reference;
B. California Health & Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 authorize the City to adopt the California Building Standards Code with modifications determined to be reasonably necessary because of local climatic, geological, or topographical conditions.

SECTION 3. Findings. The City Council hereby finds that the proposed amendments to the 2022 California Building Standards Code are more restrictive than the standards adopted by the California Building Standards Commission, and are reasonably necessary because of local climatic, geological, or topographic conditions, based on the express findings and determinations, described in Exhibit “A” attached hereto, and marked in relation to the respective amendments in this Ordinance, and hereby adopted by the City Council as the findings to support the modifications to the California Building Standards Code.

SECTION 4. Repeal and Recast. Title 16 of the Indian Wells Municipal Code is hereby repealed and recast in its entirety, as provided in Exhibit “B,” attached hereto and incorporated herein by reference.

SECTION 5. Conflicting Ordinances Repealed. All former ordinances or parts conflicting or inconsistent with the provisions of this Ordinance or the Codes adopted by this Ordinance and any other ordinance in conflict herewith are hereby repealed.

SECTION 6. Transmittal. The Building Official shall transmit a copy of this Ordinance to the California Building Standards Commission, pursuant to Health and Safety Code Section 17958.7.

SECTION 7. CEQA. The City Council hereby finds and determines that it can be seen with certainty that there is no possibility that this Ordinance may have a significant adverse effect on the environment. Thus, the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines. Staff is directed to file a Notice of Exemption with the County Clerk’s Office within five (5) working days of the approval of this Ordinance.

City of Indian Wells
Ordinance No. 745

SECTION 8. Severability. If any section, subsection, subdivision, paragraph,

sentence, clause, or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional, unenforceable, or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional, unenforceable, or invalid.

SECTION 9. Publication. The Mayor shall sign this ordinance and the City Clerk shall certify to the passage and adoption of it. The City Clerk shall cause a summary of this Ordinance to be published as provided by California Government Code § 36933 (c)(1); a summary of this Ordinance shall be published in a newspaper of general circulation, printed, published, and circulated in the City of Indian Wells and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. Within fifteen (15) days after the adoption of the Ordinance, the City Clerk shall post in her office a full copy of this ordinance and cause a summary of this ordinance, together with the names of those voting for or against, to be published in the a newspaper of general circulation, printed, published, and circulated in the City of Indian Wells.

SECTION 10. Effective Date. This Ordinance shall take effect thirty (30) days following its adoption by the City Council.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on the__ day of ____2022. ________________________________

DANA REED
MAYOR

City of Indian Wells
Ordinance No. 745

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF INDIAN WELLS )

CERTIFICATION FOR ORDINANCE NO. 745

I, Angelica Avila, City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTIFY that Ordinance No. 745, having been regularly introduced at the meeting of October 6, 2022, was again introduced, the reading in full thereafter unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the __ day of ___, 2022 and said Ordinance was passed and adopted by the following stated vote, to wit:

AYES:

NOES:

and was thereafter on said day signed by the Mayor of the City of Indian Wells.

ATTEST: APPROVED AS TO FORM:
_______________________ _______________________
ANGELICA AVILA TODD R. LEISHMAN

CITY CLERK CITY ATTORNEY

City of Indian Wells
Ordinance No. 745

Exhibit A
Findings to Support Amendments to the
2022 Edition of the California Building Standards Code

To the extent that changes and modifications to the 2022 California Building Standards Code in this ordinance are deemed more restrictive than the standards contained in the 2022 California Building Standards Code thus requiring that findings be made pertaining to local climatic, geological, or topographical conditions to justify such modifications, the City Council hereby finds and determines as follows:

A. Extreme surface temperatures common in the lower desert areas, one hundred sixty (160) degrees Fahrenheit plus, deteriorates and dries out buildings’ materials and our high winds create extreme fire conditions which are detrimental to the general public.

B. Notwithstanding the provisions of the 2022 California Electrical Code, the use of aluminum and copper-clad aluminum conductors, feeder conductors, branch circuit conductors, taps and service entrance cable is expressly prohibited, except where aluminum wiring sizes 1/10 and larger are used for main feed to sub-panels and are enclosed in a raceway. The coefficient of expansion of aluminum has created untold problems whereby outside ambient temperatures in sunlight reach one hundred sixty (160) degrees Fahrenheit. When load is applied, which generates additional heat, failure occurs and creates motor burnout, fires, electrical shock and hazards detrimental to the general public.

C. Notwithstanding the provisions of the 2022 California Building Code, Fire Code and Residential Code, where more than 50% of roof framing is removed on a residential structure, in addition to 50% of the structures’ exterior walls, the reconstruction shall be subject to the incorporation of a fire sprinkler system throughout the entire structure. The purpose of the proposed amendment is to integrate fire protection systems into older existing structures that were built before fire sprinkler requirements for residential one- and two- family homes, townhouses, and multi- family dwellings. The amendment will assist in the protection of nearby structures and the community at large. The City of Indian Wells experiences annual hot, dry Santa Ana Winds, which can contribute to fires spreading quickly throughout the Community.

D. Every three years the State of California adopts a new California Fire Code, as part of the California Building Standards Code, which becomes effective 180 days after publication by the California Building Standards Commission.

E. The 2022 California Fire Code, California Code of Regulations, Title 24, Part 9, is based on the 2021 International Fire Code.

City of Indian Wells
Ordinance No. 745

F. The City of Indian Wells may establish more restrictive standards reasonably necessary to provide fire protection for life and property because of the following local climatic, geological, or topographical conditions.

I. Climatic Conditions:

Riverside County and the City of Indian Wells have an arid climate with annual rainfall varying from three (3) inches in Blythe to over thirty-three (33) inches in Pine Cove. The County also experiences annual hot, dry Santa Ana Winds, which contribute to fires spreading quickly throughout the County.

II. Topographical conditions
A variety of regions exist within Riverside County including deserts, mountains, brush covered wild lands, the Salton Sea and agricultural lands. Additionally, elevations within Riverside County range from three hundred (300) feet below sea level to mountains over ten thousand (10,000) feet. This variety in regions contributes to an increased emergency response time, which necessitates cooperation between local agencies.

Riverside County contains a large number of sensitive habitats for various species and vegetation, consists of large open space areas between major urban centers and includes landscapes varying from mountains and hills to valleys and deserts. These conditions impact building and structure location, which impedes emergency access and response.

Riverside County extends from Orange County to the State of Arizona and is mixed with congested urban areas, rural lands and wild lands, which increase Riverside County Fire Department response times to emergencies.

The topography within Riverside County extends from flat to twenty-five (25) percent slope for habitable land, which causes buildings and structures to be located in unique areas that impact emergency response and access.

III. Geological Conditions
Two major earthquake faults, the San Andreas Fault and the San Jacinto Fault, bisect Riverside County and numerous minor faults exist throughout it. As a result, a substantial amount of property and persons located in Riverside County and the City of Indian Wells are likely to be impacted by earthquakes and will require emergency response and rescue.

In addition to earthquakes, a substantial amount of property and persons located in Riverside County and the City of Indian Wells are likely to be impacted by landslides, wind erosion, blown sand, flooding and wildfires because of the County’s unique climatic, geological and topographical conditions.

City of Indian Wells
Ordinance No. 745

F. The additional requirements included herein are necessary to properly protect the health, safety and welfare of the residents and workers of Riverside County and the City of Indian Wells.

G. Revenue shortages make it difficult to locate additional fire stations and provide staffing sufficient to control fires in single and multi-story retail, commercial and industrial buildings, making enhanced built in protection necessary.

H. The sections of the California Fire Code may be referred to by the same number used in said published compilation preceded by the words “the City of Indian Wells Fire Code Section” or “Fire Code Section.” I. 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. The following table sets forth the 2022 California Fire Code sections that have been modified, and the associated local climatic, geological, and/or topographical conditions described above supporting the modification. 2022 BUILDING

CODE SECTION TITLE/SUBJECT

FINDINGS/

JUSTIFICATIONS

113 Board of Appeals Administrative
105.5 Permits—Expiration Administrative
109.2 Fees—Schedule of permit fees Administrative
110.1 Inspections—General Administrative
1505.1 Fire Classification—General I, II, & III
907.2.8 Group R-1 I, II, & III
907.2.9 Group R-2 and R-2.1 I, II, & III
907.2.10 Group R-4 I, II, & III
903.2.8.2 Alterations or reconstruction of residential
structures I, II, & III

2022

MECHANICAL

CODE SECTION

TITLE/SUBJECT

FINDINGS/

JUSTIFICATIONS

104.5 Fees—Permit Fees Administrative

City of Indian Wells
Ordinance No. 745

2022 PLUMBING

CODE SECTION TITLE/SUBJECT

FINDINGS/

JUSTIFICATIONS

104.5 Fees Administrative

2022

ELECTRICAL

CODE SECTION

TITLE/SUBJECT

FINDINGS/

JUSTIFICATIONS
310.3(B) & 311.12 Conductors—Conductor material I & III 230.1 Services—Scope I, II, & III

2022 FIRE

CODE SECTION TITLE/SUBJECT

FINDINGS/

JUSTIFICATIONS
102.5 Application of Residential Code I, II & III
104.7 & 104.7.1 Liability; Legal defense Administrative 104.1.1 Authority of the Fire Chief and Fire Department Administrative 104.13 Authority of the Fire Chief to Close Hazardous
Fire Areas Administrative
107.2 Schedule of Permit Fees Administrative
107.7 Cost Recovery Administrative
111.1 Board of Appeals Established Administrative
112.4 Violation and Penalties Administrative
308.1.6.3 Sky Lanterns or Similar Devices 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-Off Areas Administrative 507.5.7 Fire Hydrant Size and Outlets I & II
507.5.8 Fire Hydrant Street Marker I, II, & III
508.1 General I, II, & III
508.1.1 Location and Access I, II, & III
508.1.3 Exception I, II, & III
509.2.1 Minimum Clearances I & II

City of Indian Wells
Ordinance No. 745

608.11.1.2 Manual Operation II & III
903.2 Where Required I, II, & III
903.3.5.3 Hydraulically Calculated Systems I & II
3204.2.1 Minimum Requirements for Client Leased or
Occupant Owned Warehouses Administrative
4904.2.1 High Fire Hazard Severity Zone Maps Administrative App Ch B, Table
B105.2
Required Fire-Flow For Buildings Other Than
One- And Two-Family Dwellings, Group R-3 And
R-4 Buildings And Townhouses

I, II, & III
App Ch C, C103.1 Hydrant Spacing I, II, & III
5608.1 Fireworks Display—General [Replaced with
IWMC § 9.53.015] Administrative
5001.1 General—Scope [Replaced with IWMC Chapter

16.40] Administrative

2022

RESIDENTIAL

CODE SECTION

TITLE/SUBJECT

FINDINGS/

JUSTIFICATIONS
313.1 Townhouse automatic fire sprinkler systems I, II, & III 313.2 One- and two-family dwellings automatic fire
sprinkler systems I, II, & III

This remainder of the amendments not listed in this Section are necessary for administrative clarification, and do not modify a building standard pursuant to California Health & Safety Code Sections 17958, 17958.7 and/or 18941.5. They establish administrative standards for the effective enforcement of the building standards in the City of Indian Wells.

City of Indian Wells
Ordinance No. 745

Exhibit B
Indian Wells Municipal Code, Title 16

[follows this page]

Title 16 BUILDING AND CONSTRUCTION
Chapter 16.04 DEFINITIONS
Chapter 16.08 ADMINISTRATION AND CONSTRUCTION STANDARDS Chapter 16.10 ADDRESSING PROPERTY AND BUILDINGS
Chapter 16.12 CALIFORNIA BUILDING CODE
Chapter 16.16 CALIFORNIA MECHANICAL CODE
Chapter 16.20 CALIFORNIA PLUMBING CODE
Chapter 16.24 CALIFORNIA ELECTRICAL CODE
Chapter 16.25 CALIFORNIA ENERGY CODE
Chapter 16.26 CALIFORNIA HISTORICAL BUILDING CODE
Chapter 16.28 RELOCATIONS
Chapter 16.30 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE Chapter 16.31 ESTABLISHING BARRIERS FOR SWIMMING POOLS, SPAS AND HOT TUBS Chapter 16.32 CALIFORNIA FIRE CODE
Chapter 16.33 INTERNATIONAL PROPERTY MAINTENANCE CODE
Chapter 16.35 CALIFORNIA GREEN BUILDING STANDARDS CODE
Chapter 16.36 FLOODPLAIN MANAGEMENT
Chapter 16.38 CALIFORNIA RESIDENTIAL CODE
Chapter 16.40 ABOVEGROUND STORAGE OF FLAMMABLE/COMBUSTIBLE LIQUIDS OR GASES
Chapter 16.50 TRANSPORTATION DEMAND MANAGEMENT REQUIREMENTS FOR

SPECIFIED NEW DEVELOPMENT PROJECTS
Chapter 16.52 STORM WATER MANAGEMENT AND DISCHARGE CONTROLS Chapter 16.60 POST DISASTER SAFETY ASSESSMENT PLACARDS
Chapter 16.70 LAND USE FOR RECONSTRUCTION AFTER A DISASTER Chapter 16.75 WASTE MANAGEMENT PLAN FOR CERTAIN CONSTRUCTION AND DEMOLITION PROJECTS WITHIN THE City OF INDIAN WELLS
Indian Wells Municipal Code, Title 16

Chapter 16.80 POST-DISASTER DEMOLITION
Chapter 16.90 DISASTER REPAIR AND RECONSTRUCTION
Chapter 16.100 SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS
Chapter 16.110 ELECTRIC VEHICLE CHARGING STATIONS

Chapter 16.04 DEFINITIONS
• 16.04.010 Generally.

• 16.04.020 Administrative Authority—Building Official.

• 16.04.030 Building Department.

• 16.04.040 City.

• 16.04.050 City Council.

• 16.04.060 County agency.

• 16.04.070 Mayor.

• 16.04.080 Person.

16.04.010 Generally.

Whenever in this Title the following names or terms are used, such names or terms shall have the meanings ascribed to them by this Chapter.

16.04.020 Administrative Authority—Building Official.
“Administrative Authority” or “Building Official” means the Building Official appointed by the City Manager of the City of Indian Wells.

16.04.030 Building Department.
“Building Department” means the Building Department of the City of Indian Wells or other designated agency.

16.04.040 City.
“City” means the City of Indian Wells or the incorporated territory within the City of Indian Wells as the text may require.

16.04.050 City Council.
“City Council” means the City Council of the City of Indian Wells.

16.04.060 County agency.
“County agency” means any agency of Riverside County under contract with the City of Indian Wells and performing services for the City of Indian Wells.

16.04.070 Mayor.

“Mayor” means the Mayor of the City of Indian Wells.

16.04.080 Person.
“Person” means a natural person, his heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid. It includes the State, an agency of the State, special districts, local agencies, except those exempt by State law.

Chapter 16.08 ADMINISTRATION AND CONSTRUCTION STANDARDS • 16.08.010 Administration—Responsibilities of the Building Official.

• 16.08.020 Application.

• 16.08.030 Miscellaneous regulations.

• 16.08.040 Prefabricated buildings.

• 16.08.050 Certificate of Occupancy.

16.08.010 Administration—Responsibilities of the Building Official.

For the purpose of administering and enforcing this Title and providing an inspector to enforce State and building safety laws, there is established in the City a Building Department which shall be under the jurisdiction of the Building Official. (a) Appointment by City Manager. The Building Official shall be appointed by the City Manager.
(b) Reports and Recommendations. The Building Official shall submit, when directed, interim reports and an annual report to the City Manager covering the work of his or her department during the preceding period and containing a summary of his or her recommendations as to desirable amendments to the codes. (c) City Enforcement Official. The Building Official is designated as the City Enforcement Official referred to in Section 19122 of the Health and Safety Code of the State.

16.08.020 Application.
(a) General. This Title applies to all buildings and structures, or parts thereof, in the incorporated area of the City, unless hereafter specifically exempted. (b) Use of Heat and Cooling Equipment on Rooftops Restricted. Unless specifically approved by the Landscape Architectural Committee, there shall not be installed any refrigeration, heating, or mechanical equipment on the roof of any building or structure.

In no event shall any equipment be visible from any nearby property; except that solar collectors which are thoroughly integrated into the building design may be permitted, provided that a determination has been made by the Architectural Landscape Committee and City staff that no aesthetically detrimental effect will occur in relation to adjacent and nearby properties.
(c) Construction in Violation of City Code. No building permit shall be issued by the Building Official for any structure if the construction thereof violates any provision of the City subdivision and zoning ordinances (Titles 20 and 21).
(d) Penalty for Violation. Any person, firm or corporation who violates any of the provisions of this Title, or occupies or causes to be occupied any building without authorization from the City, or who interferes with or obstructs the work of the Building Official or authorized representatives, while engaged in the act of making lawful inspections of any building or building site, or who continues working in violation of posted stop work notice, or demolishes or removes any building or structure without authority from the Building Official, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment.
(e) Liability. This Title shall not be constructed as imposing upon the City of Indian Wells, or upon any of its officers or employees, any liability or responsibility for injury or damages resulting from any building, plumbing, electrical or mechanical work approved or performed pursuant to this Title, or by reason of any permit issued or inspection performed thereunder.

16.08.020 Application.
(a) General. This Title applies to all buildings and structures, or parts thereof, in the incorporated area of the City, unless hereafter specifically exempted. (b) Use of Heat and Cooling Equipment on Rooftops Restricted. Unless specifically approved by the Landscape Architectural Committee, there shall not be installed any refrigeration, heating, or mechanical equipment on the roof of any building or structure.

In no event shall any equipment be visible from any nearby property; except that solar collectors which are thoroughly integrated into the building design may be permitted, provided that a determination has been made by the Architectural Landscape Committee and City staff that no aesthetically detrimental effect will occur in relation to adjacent and nearby properties.
(c) Construction in Violation of City Code. No building permit shall be issued by the Building Official for any structure if the construction thereof violates any provision of the City subdivision and zoning ordinances (Titles 20 and 21).
(d) Penalty for Violation. Any person, firm or corporation who violates any of the provisions of this Title, or occupies or causes to be occupied any building without authorization from the City, or who interferes with or obstructs the work of the Building Official or authorized representatives, while engaged in the act of making lawful inspections of any building or

building site, or who continues working in violation of posted stop work notice, or demolishes or removes any building or structure without authority from the Building Official, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment.
(e) Liability. This Title shall not be constructed as imposing upon the City of Indian Wells, or upon any of its officers or employees, any liability or responsibility for injury or damages resulting from any building, plumbing, electrical or mechanical work approved or performed pursuant to this Title, or by reason of any permit issued or inspection performed thereunder.

16.08.030 Miscellaneous regulations.
(a) Title Applicable to Salvaged Vehicle Body Used for Inhabitation or Business. No one shall use as a place of habitation, residence or business any discarded, used, secondhand, salvaged, abandoned or replaced street car, box car, refrigerator car, motor bus body or similar vehicle body, unless such structures are altered, changed or reconstructed so as to comply with all other conditions and requirements of this Title.
(b) Self-Accomplishment of Title Requirements Not Prohibited. Nothing in this Title shall be construed as prohibiting any person from doing his or her own work in accordance with the provisions of this Title, nor from employing any qualified and licensed person to work on a building or structure to which the provisions of this Title apply. The reasonable value of such labor shall be included in the permit valuation. Prior to the issuance of a permit, all construction plans submitted shall be complete in detail in accordance with accepted architectural and engineering practices. Prior to final inspection, occupancy or use, a completion bond may be required by the Building Official to guarantee landscaping or other City requirements. (c) Exempted Buildings and Structures — When No Longer Exempt.

Notwithstanding any of the provisions of this Title exempting certain buildings or structures from its application, any person may submit an application of this Title, provided, if the permit is issued with knowledge by the applicant that a permit is not required, the provisions of this Title shall thereafter apply to the construction.
(d) Construction Identity by Sign Conditions. All buildings constructed in places other than a subdivision shall have posted a legible sign bearing the street address, and all subdivisions shall have lot numbers posted in a like manner so that the sign may be read from the road, highway or ingress easement. Such sign shall not exceed two (2) square feet in size. (e) Building Official May Employ Qualified Assistance in Plan Checking. To facilitate and expedite the function of plan checking during periods of heavy work load, the Building Official may, at his or her discretion, employ engineering firms or their facilities to check plans and specifications at the same fees that are allowed to the Building Department. (f) Underground Utilities. Utilities including but not limited to electric, communications, vaults and other appurtenances, street lighting and cable television, shall be placed underground on all new buildings and when additions, remodeling, or repairs exceed fifty percent (50%) of fair market value of existing buildings. In every case where electric meter

service panel is changed or altered, service entrance wiring shall be placed underground.

Utilities for the purpose of this Section shall include appurtenances and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets and ducting.
(g) Exceptions for Underground Utilities. If for some reason utility vaults and other appurtenances cannot be placed underground, the applicant can request a waiver subject to the review and approval of the Architecture Landscape Committee, the Planning Commission, and the City Council.

16.08.040 Prefabricated buildings.
(a) Subject to Regulations of New Buildings. Prefabricated buildings which are to be located in the City, are subject to all of the provisions of this Title regulating the construction of new buildings and shall not be considered as relocations. (b) Meaning of “prefabricated buildings.” A prefabricated building is designed as a building which is assembled, or partly assembled, at a place other than the site on which it is to be permanently located. It does not include the prefabrication of panels which are then assembled at the permanent building site.

16.08.050 Certificate of Occupancy.
(a) No occupancy of any building is permitted until a Certificate of Occupancy is issued. The Certificate of Occupancy and approval for permanent utility service shall be issued only after the final building, architecture and landscape inspections have been made. (b) The owner, developer or contractor must request a final building inspection through the City’s Building Department to confirm compliance with all requirements of Title 16 Building and Construction of this Code and any final architecture and landscape inspections required through the City’s project approvals.

Prior to the issuance of the Certificate of Occupancy and release of utilities, all properties utilized for the temporary storage of construction materials, equipment, vehicles or construction trailers (office and storage) shall have all construction material, equipment, sanitary facilities or refuse cleared and the site returned to its original condition.

Chapter 16.10 ADDRESSING PROPERTY AND BUILDINGS
• 16.10.010 Purpose and authority to assign numbers.

• 16.10.020 Procedure for assigning numbers.

• 16.10.030 Official numbering system.

16.10.010 Purpose and authority to assign numbers.

To provide for the administration of a uniform addressing system, the Building Department of the City shall maintain an “official address map” for the City and shall assign all numbers to lots, buildings and/or units in accordance with the provisions hereof. Numbers shall be assigned when required to identify any property, buildings, or units. New numbers may be assigned to previously numbered property in order to provide a uniform system and to correct conflicts, errors, or inconsistencies.

16.10.020 Procedure for assigning numbers.
(a) Eligibility. Any person owning or controlling property may apply for a new address by providing adequate description of the property or buildings to be assigned and the name of the property owner and tenants of the same.
(b) Identification of Property. The application shall be processed in a manner to adequately provide for building or unit identification for the post office department, utility company personnel, City fire and police personnel and the general public. (c) Inconsistencies. Where conflicts or inconsistencies arise, the department may initiate a change in numbers on its own, provided that all other requirements are met regarding proper notice.
(d) Notification. Once a number or numbers are assigned, the applicant shall be notified in person or by mail, or both, as shall the post office, electric, water and gas utilities and any tenant listed on the application.
(e) Posting of Numbers. It shall be the duty of the owner or person in possession of any property to properly post the assigned number within ten (10) days after such notice is received. The minimum four inch (4”) high number shall be located in a position on the building to make it clearly visible from a street during the daytime; except, subunit designations on individual apartments, shops and similar spaces shall be located on or near the entrance door of the subunit. Said number shall correspond to the one assigned by the City, and shall be posted at all times. In the event a number is removed, deteriorates, or is no longer visible, the property owner and/or tenant shall be subject to the provisions of this Chapter with respect to posting.

16.10.030 Official numbering system.

For the purpose of maintaining uniform numbering, buildings and lots shall be numbered so that odd numbers shall be to the west and south and even numbers shall be to the north and east. To the fullest extent possible, the department shall attempt to maintain a uniform system consistent with that in general use in the County.

Chapter 16.12 CALIFORNIA BUILDING CODE
• 16.12.000 Adopted by reference.

• 16.12.010 Amendment to Section 113—Board of Appeals.

• 16.12.020 Amendment to Section 105.5—Permits—Expiration.

• 16.12.030 Amendment to Section 109.2—Fees—Schedule of permit fees.

• 16.12.040 Addition to Section 110.1—Inspections—General.

• 16.12.050 Amendment to Section 1505.1—Fire Classification—General—Deleting combustible roofing materials from the list of permissible roofing materials for roofing a new structure except for re-roofs.

• 16.12.055 Addition of Section 903.2.8.2 — Alterations or reconstruction of residential structures.

• 16.12.070 Amendment to Sections 907.2.8—Group R-1; 907.2.9—Group R-2 and R-2.1; and 907.2.10—Group R-4.

16.12.000 Adopted by reference.
(a) The California Building Code, Title 24, Part 2, 2022 Edition, Volumes 1 and 2 including Chapter 1 and Appendices I, O, and P, which incorporates and amends the International Building Code, 2021 Edition published by the International Code Council, with changes, additions, and deletions set forth in this Chapter, are adopted by reference as the building code of the City.

(b) At least one (1) copy of said codes are on file in the office of the Building Official and shall at all times be maintained by the Building Official for use and examination by the public.

16.12.010 Amendment to Section 113—Board of Appeals.

Section 113 of the California Building Code is amended to read as follows:
113.1 General. The City Council shall hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code. The City Council shall render all decision and findings in writing to the appellant with a duplicate copy to the Building Official.
113.2 Limitations and Authority. The City Council shall have the authority to hear and decide appeals of orders, decisions or determinations made by the Building Official relating to building standards of the California Building Standards Code. 113.3 Procedure for Filing an Appeal. Any person desiring a review of a decision by the Building Official may file a request with the City Council for a hearing, upon the forms provided

by the Building Official within ten (10) days after the date of said decision. The effect of the decision to be reviewed is suspended until the termination of the hearing. 113.4 Hearing. The City Council shall fix the time and place of the hearing which shall be at a meeting of the City Council held not less than five (5) nor more than fifteen (15) working days after the date of filing of the request for hearing. The City Council shall give written notice of the time and place of the hearing to the applicant and the Building Official. Witnesses may be sworn and examined, and evidence produced by the interested parties who shall appear in person only. The Board shall keep a record of the proceedings of each hearing. 113.5 Recommendation of the Board. The City Council shall make written findings and conclusions of its recommendations to the Building Official within five (5) days after the close of the hearing. The affirmative vote of not less than three (3) members shall constitute the recommendation of the Council.

16.12.020 Amendment to Section 105.5—Permits—Expiration.

Section 105.5 of the California Building Code is amended to read as follows:

Every permit issued by the Building Official under the provisions of this Code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within twelve (12) months from the date of such permit, if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days, or if the building or work authorized by such permit is not completed within two (2) calendar years from the issuance date of the permit.

Before such work can be recommenced, a new permit, or a renewed permit as specified below, shall be first obtained.

For permits where work has not commenced, a renewed permit may be obtained provided that: (1) no changes have been made or will be required in the original plans and specifications for such work; (2) the expiration has not exceeded two (2) years from the original issuance date; and (3) a fee equal to one half the amount required for a new permit is paid.

For permits where work had commenced and was subsequently suspended or abandoned, a renewed permit may be obtained provided that: (1) No changes have been made or will be required in the original plans and specifications for such work; (2) the expiration has not exceeded two (2) years from the original issuance date; and (3) a fee equal to one half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point whereby only a final inspection is required, a fee equal to one quarter the amount required for a new permit shall be paid.

For permits where construction activities have exceeded two (2) years beyond the issuance date or any extension thereof, a renewed permit is required. The renewed permit shall not be issued unless the permittee signs an agreement committing to complete the building, or at a minimum to complete all exterior work including but not limited to painting and landscaping, within a reasonable period of time as determined by the Building Official. The

permittee shall post a completion bond in the estimated amount of the work remaining to be done.

Any permittee holding an unexpired permit may apply for an extension of the time within which work under that permit may be continued when, for good and satisfactory reasons, he was unable to complete the work within the time required by this Section. The Building Official may extend the time for completion by the permittee for one or more periods not exceeding one hundred eighty (180) days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented completion of the construction the work. The Building Official may require the permittee to sign an agreement committing to complete the work within a reasonable period of time as determined by the Building Official and to post a completion bond in the estimated amount of the work remaining to be done.

Failure to complete the work of construction within the time required is a violation subject to punishment as provided in the Indian Wells Municipal Code. The Building Official is authorized to abate any unsafe condition or nuisance created by such incomplete work.

16.12.030 Amendment to Section 109.2—Fees—Schedule of permit fees.

Section 109.2 of the California Building Code is amended to read as follows:

The fee for each permit shall be as set forth by fee resolution of the City Council.

16.12.040 Addition to Section 110.1—Inspections—General.

The following sentence is added to Section 110.1 of the California Building Code to read as follows:

Survey stakes shall be provided prior to first inspection and maintained so they are clearly visible until after the Certificate of Occupancy has been issued, except for repair or remodeling work which does not relate to setback requirements.

16.12.050 Amendment to Section 1505.1—Fire Classification—General— Deleting combustible roofing materials from the list of permissible roofing materials for roofing a new structure except for re-roofs.

Section 1505.1 is amended to read as follows:

Section 1505.1. The roof covering on any new residential structure regulated by this Code shall be a Class A roof covering as specified in Section 1505.2. All roof coverings on new structures shall be Class A roof covering as specified in Section 1505.2. The Class A roof covering shall comply with the test standard for determining fire retardancy of roof covering materials and comply with the Indian Wells Building Code. (a) The roof-covering assembly includes the roof deck, interlayment, insulation, and the Class A covering.

(b) Re-Roofing an Existing Structure. All re-roofings of existing structures, including partial re-roofings, shall be Class A fire retardant roof coverings that conform to California Building Code, 2019 Edition for Class A roof coverings.

16.12.055 Addition of Section 903.2.8.2—Alterations or reconstruction of residential structures.

Where over 50% of the roof framing is removed on a residential structure, in addition to over 50% of the structures exterior walls, the reconstruction shall be subject to incorporation of a fire sprinkler system throughout the entire structure.

16.12.070 Amendment to Sections 907.2.8—Group R-1; 907.2.9—Group R-2 and R-2.1; and 907.2.10—Group R-4.
(a) The following is added to Section 907.2.8 of the California Building Code to read as follows:

When a permit is required for an addition, alteration or repair to a Group R-1 Occupancy or when one or more sleeping rooms are added or created in existing Group R-1 Occupancies, smoke detectors shall be installed in accordance with this Section.

EXCEPTION: Repairs to the exterior surfaces of a Group R-1 Occupancy are exempt from the requirement of this Section.
(b) The following is added to Section 907.2.9 of the California Building Code to read as follows:

When a permit is required for an addition, alteration or repair to a Group R-2 or R-2.1 Occupancy or when one or more sleeping rooms are added or created in existing Group R-2 or R-2.1 Occupancies, smoke detectors shall be installed in accordance with this Section.

EXCEPTION: Repairs to the exterior surfaces of a Group R-2 or R-2.1 Occupancy are exempt from the requirement of this Section.
(c) The following is added to Section 907.2.10 of the California Building Code to read as follows:

When a permit is required for an addition, alteration or repair to a Group R-4 Occupancy or when one or more sleeping rooms are added or created in existing Group R-4 Occupancies, smoke detectors shall be installed in accordance with this Section.

EXCEPTION: Repairs to the exterior surfaces of a Group R-4 Occupancy are exempt from the requirement of this Section.

Chapter 16.16 CALIFORNIA MECHANICAL CODE
• 16.16.000 Adopted by reference.

• 16.16.010 Section 104.5—Fees—Permit fees.

(a) The California Mechanical Code, Title 24, Part 4, 2022 Edition, including Chapter 1, Division II and Appendices B, C and D, which incorporates and amends the Uniform Mechanical Code, 2021 Edition, published by the International Association of Plumbing and Mechanical Officials with changes, additions, and deletions set forth in this Chapter, are adopted by reference as the mechanical code of the City.
(b) At least one (1) copy of said mechanical code has been deposited in the office of the Building Official and shall at all times be maintained by the Building Official for use and examination by the public.

16.16.010 Section 104.5—Fees—Permit fees.

Section 104.5 of the California Mechanical Code is amended to read as follows:

The fee for each permit shall be as set forth by fee resolution of the City Council.

Chapter 16.20 CALIFORNIA PLUMBING CODE
• 16.20.000 Adopted by reference.

• 16.20.010 Section 104.5—Fees.

16.20.000 Adopted by reference.
(a) The California Plumbing Code, Title 24, Part 5, 2022 Edition including Chapter 1, Division II and Appendices A, B, D, H, I, and J which incorporates and amends the Uniform Plumbing Code, 2018 Edition, published by the International Association of Plumbing and Mechanical Officials, with changes, additions, and deletions set forth in this Chapter, are adopted by reference as the plumbing code of the City.
(b) At least one (1) copy of said plumbing code has been deposited in the office of the Building Official and shall at all times be maintained by the Building Official for use and examination by the public.

16.20.010 Section 104.5—Fees.

Section 104.5 of the California Plumbing Code is amended to read as follows:

The fee for each permit shall be as set forth by fee resolution of the City Council.

Chapter 16.24 CALIFORNIA ELECTRICAL CODE
• 16.24.000 Adopted by reference.

• 16.24.010 Amendment to Section 310.106(B)—Conductors—Conductor material.

• 16.24.020 Addition to Section 230.1—Services—Scope.

• 16.24.030 Reserved.

16.24.000 Adopted by reference.
(a) The California Electrical Code, Title 24, Part 3 2022 Edition which incorporates and amends the National Electrical Code, 2020 Edition, published by the National Fire Protection Association, including Article 89, with changes, additions, and deletions set forth in this Chapter, are adopted by reference as the electrical code of the City. (b) At least one (1) copy of said electrical code has been deposited in the office of the Building Official and shall at all times be maintained by the Building Official for use and examination by the public.

16.24.010 Amendment to Sections310.3 (B) & 311.12 —Conductors— Conductor material.

The following shall be added to Sections 310.3 (B) & 311.12 of the California Electrical Code:

Aluminum conductor limitations. No aluminum wiring shall be used. Exception:

Aluminum wiring in sizes 1/0 and larger may be used for main feed to sub-panels only and shall be enclosed in a raceway.

16.24.020 Addition to Section 230.1—Services—Scope.

The following shall be added to Section 230.1 of the California Electrical Code:

Utility lines, including but not limited to electric communications, street lighting and cable television, shall be placed underground on all new buildings. When additions, remodeling or repairs exceeds fifty percent (50%) of fair market value of existing buildings, all overhead service entrances shall be placed underground. In every case where electric meter service panel is changed or altered, service entrance wiring shall be placed underground. Utilities, for the purpose of this Section shall include appurtenances and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes, meter cabinets and ducting.

16.24.030 Reserved.

Chapter 16.25 CALIFORNIA ENERGY CODE
• 16.25.000 Adopted by reference.

16.25.000 Adopted by reference
(a) The California Energy Code, Title 24, Part 6, 2022 Edition and Appendices, thereof, as approved by the California Building Standards Commission, prescribing regulations governing the building envelope, space-conditioning system, water-heating systems, indoor lighting systems, outdoor lighting systems, and indoor and outdoor signs installations, construction, maintenance, alteration, and repair, are adopted by reference as the energy code of the City.

(b) At least one (1) copy of said energy code has been deposited in the office of the Building Official and shall at all times be maintained by the Building Official for use and examination by the public.

Chapter 16.26 CALIFORNIA HISTORICAL BUILDING CODE
• 16.26.000 Adopted by reference.

16.26.000 Adopted by reference
(a) The California Historical Building Code, Title 24, Part 8, 2022 Edition and Appendices, thereof, as approved by the California Building Standards Commission, prescribing regulations for the preservation, restoration, rehabilitation, relocation or reconstruction of buildings or properties designated as qualified historical buildings or properties within the city are adopted by reference as the historical building code of the City. (b) At least one (1) copy of said historical building code has been deposited in the office of the Building Official and shall at all times be maintained by the Building Official for use and examination by the public.

Chapter 16.28 RELOCATIONS
• 16.28.010 Permit required.

• 16.28.020 Conditions for permit issuance.

• 16.28.030 Application form and fees.

• 16.28.040 Information required along with application.

• 16.28.050 Possibility of conditional permit.

• 16.28.060 Certain collateral required from applicant.

• 16.28.070 Default of conditions of permit.

• 16.28.080 Requirements prior to transport.

• 16.28.090 Temporary relocation permits.

• 16.28.100 “Farm labor camps” exempt.

• 16.28.110 Access to premises by building director.

16.28.010 Permit required.

No person shall relocate on, or move onto any premises, or permit to be relocated on or moved onto any premises, any building or structure that is subject to the provisions of this Title, without first obtaining a relocation permit from the Building Official.

16.28.020 Conditions for permit issuance.

The Building Official shall issue relocation permits only for buildings or structures that either conform to all the requirements of this Title or that will conform to the standards of this Title without substantial structural, wiring or plumbing changes. No relocation permit shall be issued for any building or structure if the proposed relocation, or use thereof, will violate any law or ordinance.

16.28.030 Application form and fees.

Applications for a relocation permit shall be made upon the form provided by the Building Official. The fee for filing an application is fifty dollars ($50.00); the fee shall be increased at the current Federal mileage rate per mile for each mile between the building and the nearest point on the boundary of the City, measured by way of the shortest route usually traveled. If the application is approved, an additional fee of fifteen dollars ($15.00) shall be paid prior to the issuance of the relocation permit.

16.28.040 Information required along with application.

In order to determine whether a permit shall be issued, the Building Official shall require the applicant to furnish photographs of the building or structure; the written report of a qualified termite inspector that it is free from termites or other vermin; plans, specifications and a detailed written description of any proposed repair, alteration or addition to the building or structure; and such other information as he or she deems necessary, all to be furnished by and at expense of the applicant, and the Building Official may cause to be made any investigation which he or she believes necessary.

16.28.050 Possibility of conditional permit.

If the Building Official determines that the building or structure may be relocated within or into the City, and that its relocation at the proposed site shall not violate any law or ordinance, he shall then determine what changes are necessary for the building or structure to conform to the standards of this Title. The Building Official shall then issue a relocation permit which specifies all work that must be done, and a reasonable time limit for the completion of such work, except that if no time limit is specified, it shall be completed within ninety (90) days after issuance of the permit; provided, that any such time limit may for good cause be extended for an additional period by written order of the Building Official. The relocation permit shall be construed as a conditional relocation permit, and it shall so state thereon, until all the work required by the Building Official has been completed.

16.28.060 Certain collateral required from applicant.

No relocation permit shall be issued unless the applicant shall first post with the Building Official a cash deposit in an amount equal to the cost of the required work, or the cost of removal or demolition of the building or structure, whichever is the higher, plus twenty (20)

percent, the cost to be as estimated by the Building Official. The applicant may substitute for the cash deposit, a letter of credit, a savings and loan certificate, or other negotiable security; provided, that no substitute for a cash deposit shall be acceptable if it may be recalled by the applicant without the consent of the City, or if it requires any act other than the cashing thereof for collection by the City. A surety bond in a form acceptable to the City, executed by a corporate surety acceptable to the City, may be substituted for the cash deposit. The return of the cash deposit or other security to the applicant shall be conditioned upon the performance of all of the terms and conditions of the permit within the time limit specified therein or in this Title, or any extension thereof.

16.28.070 Default of conditions of permit.

Whenever a default has occurred in the performance of any term or condition of the relocation permit, the Building Official shall give written notice thereof in person or by certified mail to the applicant, specifying therein the default that has occurred and the period of time to be allowed for the completion of such work. Notice mailed to the address given by the applicant on his or her application form shall be deemed sufficient for all purposes. If on the expiration of the time limit, or of any further extension, said work has not been performed, the deposit shall be forfeited. The Building Official at his or her option may then either perform the work or cause the removal or demolition of said building or structure.

16.28.080 Requirements prior to transport.

No officer of this City who is authorized to issue a permit to transport upon a highway a building or structure covered by this Title shall issue such permit until the relocation permit required by this Section shall have been issued, or until there is filed with him an affidavit made by the owner of the premises upon which the house or structure is to be placed, which sets forth facts showing that a permit under this Section is not required. No building or structure shall be transported upon any City street unless the owner or person in control thereof has first received the permission of the City Council.

16.28.090 Temporary relocation permits.

Buildings and structures moved temporarily, to any premises zoned for such use, are subject to all the requirements of this Section. The owner or person in control of such building or structure shall specify whether the temporary relocation is for purposes of storage, sale, improvement or repair; and he or she shall obtain a one-year temporary relocation permit, which time limit may thereafter, upon application to the Building Official, be extended six (6) months. No further extension of time shall be granted except upon application to, and by order of the City Council.

16.28.100 “Farm labor camps” exempt.

This Section shall not apply to any buildings used to house agricultural labor, commonly called “farm labor camps,” which are subject to the provisions of the State Housing Act.

16.28.110 Access to premises by building director.

The Building Official shall have access to all premises described in the relocation permit in order to inspect the building or structure involved, the progress of the work, and to perform any of the acts authorized or required by this Title.

Chapter 16.30 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE • 16.30.000 Adopted by reference.

16.30.000 Adopted by reference.
(a) The Uniform Swimming Pool, Spa and Hot Tub Code, 2021 Edition, published by the International Association of Plumbing and Mechanical Officials is adopted by reference by the City.
(b) At least one (1) copy of said code will be deposited in the office of the Building Official and shall at all times be maintained by the Building Official for use and examination by the public.

Chapter 16.31 ESTABLISHING BARRIERS FOR SWIMMING POOLS, SPAS AND

HOT TUBS
• 16.31.010 General.

• 16.31.020 Definitions.

• 16.31.030 Requirements.

16.31.010 General.

Whenever a construction permit is issued for construction of a new swimming pool or spa at a private single-family home it shall be equipped with the following safety features as provided in this Chapter:
(a) The pool shall be isolated from access from other properties; and (b) The home shall be isolated from access to the pool.

Subsection (a) shall not apply to private swimming pools or spas within a privately patrolled gate guarded community.

16.31.020 Definitions.

For the purpose of this Section, certain terms, words, and phrases are defined as follows:

Aboveground/On-Ground Pool. See definition of swimming pool.

Barrier. A barrier is a fence, wall, building wall, safety cover complying with American Society for Testing Materials (ASTM) Standard F 1346-91 or a combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool, spa or hot tub. When approved by the Building Official, barriers may also incorporate natural or manmade features, such as topography, waterways, restricted areas and similar features including geographically isolated areas which provide an effective access barrier to the pool area.

Grade. Grade is the underlying surface, such as earth or a walking surface.

Hot Tub. See definition of spa.

In-Ground Pool. See definition of swimming pool.

Separation Fence. A separation fence is a barrier which separates all doors of a dwelling unit or building accessory thereto with direct access to a swimming pool, spa, or hot tub from that swimming pool, spa or hot tub.

Spa. A spa is a structure intended for recreational bathing, designed to contain water over eighteen (18) inches (457mm) deep and outside dimensions not exceeding one hundred sixty (160) square feet (14.72 sq. meters).

Swimming Pool. A swimming pool is any structure intended for swimming or recreational bathing that is designed to contain water over eighteen (18) inches (457mm) deep.

This includes in-ground, above-ground, and on-ground swimming pools and fixed-in-place wading pools, and excludes spas.

Swimming Pool, Outdoor. An outdoor swimming pool is any swimming pool which is totally outside the residential structure.

16.31.030 Requirements.
(a) Outdoor Swimming Pool. An outdoor swimming pool, hot tub, or spa shall be provided with a barrier inspected and approved prior to plastering or filling with water.

Outdoor swimming pool with electrically operated or manual tracking safety covers that comply with the ASTM Standard F 1346-91 shall not be required to provide other barriers.

When electrically operated safety covers are provided, the control for the pool cover shall be mounted at least fifty-four (54) inches above grade.

When barriers are required, the barrier shall comply with the following:
(1) The top of the barrier shall be at least sixty (60) inches (1524mm) above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two (2) inches (51mm) measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance at the bottom of the barrier may be increased to four (4) inches (102 mm) when grade is a solid surface impenetrable by a child such as a concrete deck. Where the barrier is mounted on top of the above-ground pool structure the maximum vertical clearance

between the top of the pool structure and the bottom of the barrier shall be four (4) inches.

When barriers have horizontal members, the tops of which are spaced less than forty-five (45) inches (1143mm) apart, (1) the horizontal members shall be placed on the pool side of the barrier and (2) spacing between vertical members shall not exceed one and one-quarter (1 1/4) inches in width. Any decorative design work on the side away from the swimming pool, such as protrusions, indentations or cutouts, which render the barrier easily climbable, is prohibited.

Chain link fences shall not be used as the barrier.

EXCEPTIONS: (i) For fencing composed of vertical and horizontal members, the spacing between vertical members may be increased up to four (4) inches (102 mm) when the distance between the tops of horizontal members is forty-five (45) inches (1143 mm) or more. (ii) Existing fences surrounding property at pool area, which are at least sixty (60) inches above grade, measured on the side of the barrier which faces away from the swimming pool, has a maximum vertical clearance between grade and the bottom of the barrier of two (2) inches and has no openings that will allow the passage of a four (4) inch diameter sphere are permitted.
(2) Access gates shall be equipped to accommodate a locking device. Separation fence gates shall open outward away from the pool and shall be self-closing and have a self- latching device. Where the release mechanism of the self-latching devices is located less than fifty-four (54) inches (1372 mm) from grade, (1) the release mechanism shall be located on the pool side of the barrier at least three (3) inches (76 mm) below the top of the gate, and (2) the gate and barrier shall have no opening greater than one-half (1/2) inch (13 mm) within eighteen (18) inches (457 mm) of the release mechanism. Any gates other than pedestrian access gates shall be equipped with lockable hardware or padlocks and shall remain locked at all times when not in use.
(3) Where a wall of a dwelling or buildings accessory to the dwelling serves as part of the barrier, and contains door openings providing direct access to the pool, those door openings shall be protected by one of the following means:
(i) A self-closing and self-latching device installed on all doors with the release mechanism located a minimum of fifty-four (54) inches (1372 mm) above the floor. (ii) An alarm capable of providing a sound pressure level of not less than eighty- five (85) dba when measured indoors at a distance of ten (10) feet (3048 mm). The alarm shall activate within fifteen (15) seconds after the door, and its screen if present, are opened and shall sound continuously for a minimum of ten (10) seconds than automatically reset. The alarm shall be equipped with a manual reset, such as a touchpad or switch, located on the interior side of the wall not less than fifty-four (54) inches above the threshold of the door to permit entry and exiting without activation of the alarm. The alarm shall automatically reset under all conditions. The alarm may be battery operated or connected to the building wiring. (iii) An approved safety cover complying with American Society for Testing Materials (ASTM) Standard F 1346-91.
(iv) Other means of protection may be acceptable so long as the degree of protection afforded is equal to or greater than that afforded by any of the devices described

above. The Building Official shall render interpretations as to acceptability of other means of protection per Section 104.2.8 of the California Building Code. (4) Where an above-ground structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then (1) the ladder or steps shall be capable of being secured, locked or removed to prevent access or (2) the ladder or steps shall be surrounded by a barrier which meets the requirements of Items 1 through 4 of Section 16.31.030(a). When the ladder or steps are secured, locked or removed, any opening created shall be protected by a barrier complying with Sections 16.31.030(a)(1) through 16.31.030(a)(3)
(b) Spas and Hot Tubs. A spa or hot tub with a locking safety cover which complies with the ASTM Standard F 1346-91 shall not be required to provide other barriers. Where a locking safety cover is not provided, the spa or hot tub shall comply with the requirements of Section 16.31.030(a).

Chapter 16.32 CALIFORNIA FIRE CODE
• 16.32.000 Adoption by reference.

• 16.32.010 General authority and responsibilities—Definitions—Amendments and additions.

• 16.32.020 Nonconforming storage containers.

• 16.32.030 Outdoor fires prohibited.

• 16.32.040 Amendment to California Fire Code Section 5608.1.

• 16.32.050 Amendment to California Fire Code Section 5001.1.

16.32.000 Adoption by reference.
(a) Except as stated in this Section, all of the provisions and appendices of the 2022 California Fire Code, inclusive of all of the inclusions and exclusions set for in each chapter’s matrix, are hereby adopted and shall apply to the City of Indian Wells. In addition, the following provisions that are excluded in the 2022 California Fire Code are hereby adopted – Chapter 1, Division II of the California Fire Code is hereby adopted, except that Section 103.2 and 111.3 are not adopted, and Chapters 3, 25, and Sections 403.11, 503, 510.2, 1103.2 and 5707 are adopted.
(b) At least one (1) copy of said fire code has been deposited in the office of the Building Official and shall at all times be maintained by the Building Official for use and examination by the public.

16.32.010 General authority and responsibilities—Definitions—Amendments and additions.
(a) Applicability. 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 3,000 square feet or greater in accordance with Section 903.2. The provisions contained in Section 903.2.18 of the California Fire Code or Section R309.6 of the California Residential Code may be used for the design of the automatic fire sprinkler system for detached private garages.
(b) Department of Fire Prevention. Sections 104.7 and 104.7.1 of the California Fire Code are deleted in their entirety and replaced with the following:
104.7Liability. Any liability against Riverside County and City of Indian Wells or any officer or employee for damages resulting from the discharge of their duties shall be as provided by law.
(c) General Authority and Responsibilities.
(1) A new Section 104.1.1 is added to Section 104.1 of the California Fire Code to read as follows:
104.1.1 Authority of the Fire Chief and Fire Department.

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

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

2.1. The prevention of fires.

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

2.3. The storage use and handling of hazardous materials.

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

2.5. The maintenance and regulation of fire escapes.

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

2.7. The maintenance of means of egress.

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

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

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

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

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 Indian Wells Code Enforcement Department.

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

3.8. The law enforcement officer of the Federal Bureau of Land Management. (2) A new Section 104.13 is added to Section 104 of the California Fire Code to read as follows:
104.13 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 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.
(d) Fees.

(1) Section 107.2 of the California Fire Code is deleted in its entirety and replaced with the following:
107.2Schedule of Permit Fees. Fees for services and permits shall be as set forth by fee resolution of the City Council.
(2) A new Section 107.7 is added to Section 106 of the California Fire Code to read as follows:
107.7 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 Indian Wells in the same manner as in the case of an obligation under contract, express or implied.
(e) Board of Appeals. Section 111.1 of the California Fire Code is deleted in its entirety and replaced with the following:
111.1Board of Appeals Established. Whenever the Fire Code Official disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the Code adopted by Section 16.32.000 do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief to the City Council within thirty (30) days from the date of the decision appealed.
(f) Violations. Section 112.4 of the California Fire Code is deleted in its entirety and replaced with the following:
112.4Violations 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. Punishments and penalties for violations shall be in accordance with Health and Safety Code Sections 17995 through 17995.5. (g) Definitions. Section 202, definition of “Fire Chief” in the California Fire Code is deleted in its entirety and replaced with the following:

FIRE CHIEF. The Fire Chief of Riverside County or the Fire Chief’s designee. (h) Open Flames. Section 308.1.6.3 of the California Fire Code is deleted in its entirety and replaced with the following:
308.1.6.3 Sky Lanterns or Similar Devices. A person shall not release or cause to be released a sky lantern or similar device.

(i) Fire Apparatus Access Roads.
(1) Section 503.2.1 of the California Fire Code is deleted in its entirety and replaced with the following:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (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. (2) Section 503.2.2 of the California Fire Code is deleted in its entirety and replaced with the following:
503.2.2 Authority. The fire code official shall be the only authority authorized to designate fire apparatus access roads and fire lanes and to modify the minimum fire lane access widths for fire or rescue operations.
(3) A new Section 503.6.1 is added to Section 503.6 of the California Fire Code to read as follows:
503.6.1 Automatic Opener. New motorized gates shall be provided with means to be automatically opened remotely by emergency vehicle in accordance with Riverside County Fire Department standards and Policies, as may be amended from time to time.

Exception: Gates serving individual one- and two-family dwelling parcels. (4) A new Section 503.7 is added to Section 503 of the California Fire Code to read as follows:
503.7 Loading Areas and Passenger Drop-Off Areas. On private properties, where fire apparatus access roads are utilized for loading or unloading or utilized for passenger drop- off or pick-up, an additional eight (8) feet of width shall be added to the minimum required width for the fire apparatus access road.
(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 half (2 ½) inch outlet.

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

3. Super Hydrant Enhanced – two (2) four (4) inch outlet and one (1) two and one half (2 ½) inch outlet.
(2) A new Section 507.5.8 is added to Section 507 of the California Fire Code to read as follows:
507.5.8 Fire Hydrant Street Marker. Fire hydrant locations shall be visually indicated in accordance with Riverside County Fire Department Technical Policy 06-11, as may be amended from time to time. Any hydrant marker damaged or removed during the course of street construction or repair shall be immediately replaced by the contractor, developer or person responsible for removal or damage.
(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 508.1.8. (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 amended to add the following:

Exception: A fire command center solely required because a building is greater than 300,000 square feet in area shall be a minimum of 96 square feet (9 m2) with a minimum dimension of 8 feet (2438 mm).
(l) Fire Protection and Utility Equipment Identification and Location. Section 509.2.1 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. 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 3,000 square feet or greater, or where the combination of a new additional square footage and existing square footage exceeds 3,000 square feet, 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.

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

1. Detached Group U occupancies used for agricultural purposes.

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

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

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

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

The following exceptions in the California Fire Code shall not be allowed:
a. Exception in Section 903.2.3
b. Exception 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) Designation of High-Piled Storage Areas. A new Section is added to Section 3204.2 of the California Fire Code to read as follows:

3204.2.1 Minimum Requirements for Client Leased or Occupant Owned Warehouses. Designs of an automatic sprinkler system for client leased or occupant owned buildings containing high pile storage shall be based on the requirements of NFPA 13. The responsible fire protection engineer shall perform a survey of the building to determine commodity classification, storage configuration, building height and other information related to the development of an appropriate sprinkler system design. The fire protection engineer shall also make reasonable efforts to meet with the building owner or operator to understand seasonal or customer related fluctuations to the stored commodities, storage height, and configuration. The sprinkler design shall be based on the most demanding requirements determined through the onsite survey and discussions with the building owner or operator. The technical report shall describe the basis for determining the commodity and sprinkler design selection, how the commodities will be isolated or separated, and include references to the design document(s). If a specific fire test is used as the basis of design, a copy of the fire test report shall be provided at the time of plan review.
(p) Fire Hazard Severity Zones. A new Section 4904.2.1 is added to Section 4904 of the California Fire Code to read as follows:
4904.2.1High Fire Hazard Severity Zone Maps. In accordance with Government Code Sections 51175 through 51189, Very High Fire Hazard Severity Zones, 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 by Riverside County/City of Indian Wells designating high fire hazard areas.
(q) Appendix B. 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.

(r) Appendix C. 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.

16.32.020 Nonconforming storage containers.

Should any aboveground storage system be in violation or non-compliance with this Chapter, a stop use order shall be given. The City may seek criminal or other enforcement penalties as permitted by law. Each day a system is in violation shall be deemed a separate offense. Storage systems taken out of service for less than one (1) year shall be rendered safe by gas-freeing as approved by the Fire Marshal. Storage systems that are to be abandoned, by being taken out of service for more than a year, shall be rendered safe by gas-freeing and removed.

16.32.030 Outdoor fires prohibited.
(a) It is unlawful to burn any material, structure, matter, or thing in an outdoor fire or incinerator or by similar means unless within an approved and controlled area by the City Building and Safety Division, the Fire Marshal, and the Planning Division (for example, fire places, barbeques and fire pits). No other types of outdoor open fires are permitted unless approved as part of a project’s Conditional Use Permit. Any person violating this Section shall be subject to the penalties described in Chapter 1.20 of Title 1 of the Indian Wells Municipal Code. (b) Any outdoor fire appliance is required to have a listing for product safety from a certified testing company, such as Underwriters Laboratories (UL) for the following, but not limited to, appliances: barbeque, fireplace or fire pit. The applicant can submit a field test report as to the safety of the subject appliance to the City to prove the appliance meets safety rating qualifications.

16.32.040 Amendment to California Fire Code Section 5608.1.

Section 5608.1 of the California Fire Code is hereby deleted and replaced as set forth in Section 9.53.015 of the Indian Wells Municipal Code.

16.32.050 Amendment to California Fire Code Section 5001.1.

Section 5001.1 of the California Fire Code is hereby amended to state as set forth in Chapter 16.40 of the Indian Wells Municipal Code.

Chapter 16.33 INTERNATIONAL PROPERTY MAINTENANCE CODE
• 16.33.000 Adopted by reference.

16.33.000 Adopted by reference.
(a) The International Property Maintenance Code, 2021 Edition, published by the International Code Council is adopted by reference by the City. (b) At least one (1) copy of said code will be deposited in the office of the Building Official and shall at all times be maintained by the Building Official for use and examination by the public.

Chapter 16.35 CALIFORNIA GREEN BUILDING STANDARDS CODE
• 16.35.000 Adopted by reference.

16.35.000 Adopted by reference.
(a) The California Green Building Standards Code, Title 24, Part 6, 2022 Edition and Appendices 4 & 5, with changes, additions, and deletions set forth in this Chapter, are adopted by reference as the green building standards code of the City. (b) At least one (1) copy of said green building standards code has been deposited in the office of the Building Official and shall at all times be maintained by the Building Official for use and examination by the public.

Chapter 16.36 FLOODPLAIN MANAGEMENT
• 16.36.008 Statutory authorization.

• 16.36.010 Findings of fact.

• 16.36.020 Statement of purpose.

• 16.36.030 Methods of reducing flood losses.

• 16.36.040 Definitions.

• 16.36.050 Lands to which this Chapter applies.

• 16.36.060 Basis for establishing the areas of special flood hazard.

• 16.36.070 Compliance.

• 16.36.080 Abrogation and greater restrictions.

• 16.36.090 Interpretation and application.

• 16.36.100 Warning and disclaimer of liability.

• 16.36.110 Severability.

• 16.36.120 Standards of construction.

• 16.36.130 Standards for Utilities.

• 16.36.140 Standards for subdivisions.

• 16.36.150 Standards for manufactured homes.

• 16.36.160 Floodways.

• 16.36.170 Development permit application requirements.

• 16.36.180 Designation of the floodplain administration.

• 16.36.190 Duties and responsibilities of the Floodplain Administrator.

• 16.36.200 Variance and appeal procedure.

• 16.36.210 Variances—Conditions of issuance.

16.36.008 Statutory authorization.

The Legislature of the State of California has, in Government Code Sections 65302, 65560 and 65800, conferred upon local government units authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.

16.36.010 Findings of fact.
(a) The flood hazard areas of the City of Indian Wells are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
(b) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

16.36.020 Statement of purpose.

It is the purpose of this Chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:
(a) To protect human life and health;
(b) To minimize expenditure of public money for costly flood control projects;

(c) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (d) To minimize prolonged business interruptions;
(e) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
(f) To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas; (g) To insure that potential buyers are notified that property is in an area of special flood hazard; and
(h) To insure that those who occupy the areas of special flood hazard assume responsibility for their actions.

16.36.030 Methods of reducing flood losses.

In order to accomplish its purposes, this Chapter includes methods and provisions for:
(a) Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;
(b) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (c) Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters; (d) Controlling filling, grading, dredging and other development which may increase flood damage; and,
(e) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

16.36.040 Definitions.

Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable application.
“Appeal” means a request for a review of the Floodplain Administrator’s interpretation of any provision of this Chapter, or a request for a variance. “Area of shallow flooding” means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet (3’); a clearly

defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.
“Area of Special Flood Plain Hazard.” See “Special Flood Hazard Area.” “Base flood” means the flood having a one (1) percent chance of being equaled or exceeded in any given year (also called the “one hundred (100) year flood”) “Basement” means any area of the building having its floor subgrade (below ground level) on all sides.
“Breakaway walls” are any type of walls whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material, which are not part of the structural support of the building and which are designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used, or any buildings to which they might be carried by floodwaters. A “breakaway wall” shall have a safe design loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:
(1) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
(2) The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood. “Development” means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining dredging, filling, grading, paving, excavation or drilling operations.
“Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of floodwaters, (2) the unusual and rapid accumulation or runoff of surface waters from any source, and/or (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels, or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.
“Flood boundary” and “floodway map” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.
“Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

“Flood Insurance Study” means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the boundary and floodway map, and the water surface elevation of the base flood.
“Floodplain” or “flood prone area” means any land area susceptible to being inundated by water from any source (see definition of “flooding”). “Floodplain management” means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. “Floodplain management regulations” means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. “Floodproofing” means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. “Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. Also referred to as “regulatory floodway.”
“Functionally dependent use” means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading or unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long term storage or related manufacturing facilities.
“Habitable floor” means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a “habitable floor.”
“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. “Lowest floor” means the lowest floor at the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this Chapter. “Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required facilities. For floodplain management purposes, the

term “manufactured home” also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for sale or rent. “Mean sea level” means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, or other datum, to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced. “New construction” means, for floodplain management purposes, structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by this community.
“One-hundred-year flood” or “100-year flood” means a flood which has a one (1) percent annual probability of being equaled or exceeded. It is the same as “base flood.” “Person” means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this State or its agencies or political subdivisions.
“Remedy a violation” means to bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this Chapter, or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development. “Riverine” means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
“Special flood hazard area (SFHA): means an area having special flood or flood- related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, AI-30, AE, A99, or AH. “Start of construction” includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date.

The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. “Permanent construction” does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. “Structure” means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

“Substantial improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either: (1) before the improvement or repair is started; or (2) If the structure has been damaged, and is being restored, before the damage occurred.

For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

The term does not, however, include either: (1) Any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. “Variance” means a grant of relief from the requirements of this Chapter which permits construction in a manner that would otherwise be prohibited by this Chapter. “Violation” means the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development, without the elevation certificate, other certifications, or other evidence of compliance required in this Chapter, is presumed to be in violation until such time as that documentation is provided.

16.36.050 Lands to which this Chapter applies.

This Chapter shall apply to all areas of special flood hazards within the jurisdiction of the City.

16.36.060 Basis for establishing the areas of special flood hazard.

The areas of special flood hazard are identified by the Federal Emergency Management Agency or the Federal Insurance Administration in a scientific and engineering report entitled “Flood Insurance Study for the City of Indian Wells, California,” dated March 1, 1979, with an accompanying Flood Insurance Rate Map which are hereby (as updated January 19, 1982), and all subsequent amendments and/or revisions are hereby adopted by reference and declared to be a part of this Chapter. This Flood Insurance Study is on file at 44-950 Eldorado Drive, Indian Wells, California. This Flood Insurance Study is the minimum area of applicability of this Chapter, and may be supplemented by studies for other areas which allow implementation of this Chapter and which are recommended to the City Council by the Floodplain Administrator.

16.36.070 Compliance.

No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this Chapter and other applicable regulations.

Violations of the provisions of this Chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions)

shall constitute a misdemeanor. Nothing herein shall prevent the City Council from taking such lawful action as is necessary to prevent or remedy any violation.

16.36.080 Abrogation and greater restrictions.

This Chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Chapter and other ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

16.36.090 Interpretation and application.

In the interpretation and application of this Chapter, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and (c) Deemed neither to limit nor repeal any other powers granted under State statutes.

16.36.100 Warning and disclaimer of liability.

The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes, and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This Chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of the City, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder.

16.36.110 Severability.

The ordinance codified in this Chapter and the various parts thereof are hereby declared to be severable. Should any section of said ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

16.36.120 Standards of construction.

In all areas of special flood hazards, the following standards are required:
(a) Anchoring.

(1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(2) All manufactured homes shall meet the anchoring standards of Section

16.36.150.
(b) Construction Materials and Methods.
(1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
(3) All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment, and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(4) Require within Zones AH or AO, adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. (c) Elevation and Floodproofing.
(1) New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to or above the flood elevation. Nonresidential structures may meet the standards in subsection (c)(3) of this Section. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator;
(2) New construction and substantial improvement of any structure in Zone AH or AO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two (2) feet if no depth number as specified. Nonresidential structures may meet the standards in subsection C of this Section. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator;
(3) Nonresidential construction shall either be elevated in conformance with subsections (c)(l) or (c)(2) above or, together with attendant utility and sanitary facilities:
(i) Be floodproofed so that below the base flood level the structure is watertight, with walls substantially impermeable to the passage of water;

(ii) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(iii) Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Floodplain Administrator;
(4) Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces an exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
(i) Either a minimum of two (2) openings having a total net area of not less than one square inch (1”) for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one (1) foot above grade.

Openings may be equipped with screens, louvers, valves or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters; or (ii) Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration.
(5) Manufactured homes shall also meet the standards in Section 16.36.150.

16.36.130 Standards for Utilities.
(a) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters.
(b) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

16.36.140 Standards for subdivisions.
(a) All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.
(b) All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator. (c) All subdivision proposals shall be consistent with the need to minimize flood damage.
(d) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(e) All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.
(f) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least fifty (50) lots or five (5) acres (whichever is less).

16.36.150 Standards for manufactured homes.

All new and replacement manufactured homes and additions to manufactured homes shall:
(a) Be elevated so that the lowest floor is at or above the base flood elevation; and (b) Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement.

16.36.160 Floodways.

Located within areas of special flood hazard established in Section 16.36.060 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris; potential projectiles, and erosion potential, the following provisions apply:
(a) Prohibit encroachments, including fill, new construction, substantial improvements and other developments, unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (b) If subsection (a) of this Section is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of Sections 16.36.120, 16.36.130, 16.36.040, and 16.36.150.

16.36.170 Development permit application requirements.

A development permit shall be obtained before construction or development begins within any area of special flood hazards established in Section 16.36.060. Application for a development permit shall be made on forms furnished by the Floodplain Administrator (City Manager) and may include, but not be limited to: Plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, and drainage facilities; and the location of the foregoing.

Specifically, the following information is required:
(a) Proposed elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures; in Zone AO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures;
(b) Proposed elevation in relation to mean sea level to which any structure will be floodproofed;

(c) All appropriate certifications listed in subsection (d) of Section 16.36.190 of this Chapter; and
(d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

16.36.180 Designation of the floodplain administration.

The City Manager is appointed to administer and implement this Chapter by granting or denying development permits in accordance with its provisions.

16.36.190 Duties and responsibilities of the Floodplain Administrator.

The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to:
(a) Permit Review.
(1) Review all development permits to determine that the permit requirements of this Chapter have been satisfied;
(2) Review all development permits to determine that all other required State and Federal permits have been obtained;
(3) Review and certify that the development site is reasonably safe from flooding; and
(4) Require, until a regulatory floodway is designated, that no new construction, substantial improvements or other development (including fill) shall be permitted within Zones A1 30 and AE on the community’s FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community;
(b) Use of Other Flood Base Data. When base flood elevation data has not been provided in accordance with Section 16.36.060, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Sections 16.36.120, 16.36.130, 16.36.140 and

16.36.15O. Any such information shall be submitted to the City Council for adoption; (c) Alteration or Relocation of a Watercourse. Whenever a watercourse is to be altered or relocated:
(1) Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; and
(2) Require that the flood carrying capacity of the altered or relocated portion of the watercourse is maintained;

(d) Obtain and Maintain For Public Inspection and Make Available as Needed:
(1) The certification required in subsection (c)(1) of Section 16.36.120 (floor elevations);
(2) The certification required in subsection (c)(2) of Section 16.36.120 (elevations in areas of shallow flooding);
(3) The certification required in subsection (c)(3)(iii) of Section 16.36.120 (elevation of floodproofing of nonresidential structures); (4) The certification required in subsection (c)(4)(i) or (4)(ii) of Section 16.36.120 (wet floodproofing standard);
(5) The certified elevation required in subsection (b) of Section 16.36.140 (subdivision standards); and
(6) The certification required in subsection (a) of Section 16.36.160 (floodway encroachments).
(e) Interpret Location of Special Flood Hazard Boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation, as provided in Section 16.36.200; (f) Remedy Violations. Take action to remedy violations of this Chapter as specified in Section 16.36.070 herein.

16.36.200 Variance and appeal procedure.
(a) Requests for Variances from Requirements. The City Council shall hear and decide appeals and requests for variances from the requirements of this Chapter. (b) Alleged Errors. The City Council shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Floodplain Administrator in the enforcement or administration of this Chapter. (c) Technical and Other Considerations. In passing upon such applications the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Chapter, and:
(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger of life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4) The importance of the services provided by the proposed facility to the community;
(5) The necessity to the facility of a waterfront location, where applicable; (6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(7) The compatibility of the proposed use with existing and anticipated development;
(8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(9) The safety of access to the property in time of flood for ordinary and emergency vehicles;
(10) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and,
(11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.
(d) Variances for New Construction and Substantial Improvements. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in subsections (c)(1) through (c)(11) of this Section have been fully considered. As the lot size increases beyond one-half (1/2) acre, the technical justification required for issuing the variance increases. (e) Imposition of Conditions. Upon consideration of the factors of subsection (c) of this Section and the purposes of this Chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter. (f) Recordkeeping and Reporting Requirements. The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
(g) Appeal to Superior Court of Riverside County. Those aggrieved by the decision of the City Council, or any taxpayer, may appeal such decision to the Superior Court of the County of Riverside, State of California, as provided in Sections 11523 of the Government Code.

16.36.210 Variances—Conditions of issuance.
(a) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Section.

(b) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (d) Variances shall only be issued upon:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (e) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of subsections (a) through (d) of Section 16.36.210 are satisfied, and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (f) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the Floodplain Board in the office of the Riverside County Recorder,and shall be recorded in a manner so that it appears in the chain of Title of the affected parcel of land.

Chapter 16.38 CALIFORNIA RESIDENTIAL CODE
• 16.38.000 Adopted by reference.

16.38.000 Adopted by reference.
(a) The California Residential Code, Title 24, Part 2.5, 2022 Edition including Chapter 1, Division II and Appendices H, J, Q, X, Y and Z , which incorporates and amends the International Residential Code, 2021 Edition, published by the International Code Council, with changes, additions, and deletions set forth in this Chapter, are adopted by reference as the residential code of the City.
(b) At least one (1) copy of said residential code has been deposited in the office of the Building Official and shall at all times be maintained by the Building Official for use and examination by the public.

Chapter 16.40 ABOVEGROUND STORAGE OF FLAMMABLE/COMBUSTIBLE

LIQUIDS OR GASES

• 16.40.010 Requirements.

16.40.010 Requirements.

No person shall install, keep, maintain, or fill any aboveground storage vessel for the purpose of storing flammable/combustible liquids or gases. They must obtain a valid storage permit from the City. This Section does not apply to emergency back-up generators utilizing fuel tank systems of five hundred (500) gallons or less located within any Public Owned/Controlled Lands (PF & PP) or Resort Commercial (CR) land use zones. Flammable/ combustible liquids or gases may be stored in aboveground tanks at governmental facilities, emergency power plants and any golf course maintenance area located within a Commercial Resort (CR), Public Owned/Controlled Lands (PF & PP), Public/Private Golf Course (PPGC), Country Club Open Space (COS), and Public Owned Open Space (POS) land use zone or any agricultural operations. All storage tanks shall be screened so as to preclude viewing of same from adjacent residences, public rights-of-way and golf courses (public or private). At no time shall aboveground storage tanks be installed in Residential Very Low Density (RVLD), Residential Low Density (RLD), Residential Medium Density (RMD), Residential Medium High Density (RMHD), Office Professional (OP), Commercial General (CG), Watercourse (WC) and Natural Preserve (NPR) Zones. All aboveground tanks shall meet the requirements of the current adopted editions of the California Fire Code and the California Building Standards Codes.

Chapter 16.50 TRANSPORTATION DEMAND MANAGEMENT REQUIREMENTS

FOR SPECIFIED NEW DEVELOPMENT PROJECTS
• 16.50.010 Purpose and intent.

• 16.50.020 Definitions.

• 16.50.030 Applicability.

• 16.50.040 Exemptions.

• 16.50.050 Minimum standards.

• 16.50.060 Processing time limits for the TDM application.

• 16.50.070 Filing procedure and evaluation.

• 16.50.080 Renewal/review for compliance.

• 16.50.090 Fees for initial review and program monitoring.

• 16.50.100 Enforcement and penalties.

• 16.50.110 Appeals.

16.50.010 Purpose and intent.

This Chapter is intended to protect the public health, safety, and welfare by reducing air pollution caused by vehicle trips and vehicle miles traveled. This Chapter is intended to accomplish emission reductions by meeting requirements of Government Code Section 65089(b)(3) which require development of a trip reduction and travel demand element to the Congestion Management Plan (CMP), and Section 65089.3 (b) which requires adoption and implementation of trip reduction and travel demand ordinances by local agencies.

16.50.020 Definitions.
“Alternative Transportation Modes” means any mode of travel that serves as an alternative to the single occupancy vehicle, including, without limitation, public transit, bicycling, walking, and all forms of ridesharing such as carpooling and vanpooling. “Applicable Development” means any project that is determined to meet or exceed the employment threshold using the criteria contained in this Chapter. An applicable development also includes developments which are owned and/or managed as one unit, such as a business park or shopping center, that also meet or exceed the employment threshold. “Bicycle Facilities” means any capital improvements which would benefit employees who ride a bicycle to their work site, including shower facilities, locker facilities, bicycle parking, etc.
“Change of Use” means a development or facility space of a lessee which has altered its initial use to another use not related to the previous one. (Example: office space changes to commercial space)
“Developer” means the builder who is responsible for the planning, design, and construction of an applicable development project. A developer may be responsible for implementing this ordinance as determined by the property owner. “Employee” means any person employed by a person(s) firm, business, educational institution, non-profit agency, corporation, government agency, or other entity, which employs one hundred (100) or more persons at a single work site. “Employment Generation Factors” refers to factors developed for use by the jurisdiction for protecting the potential employment of any proposed development project. “Employer” means any person(s), firm, business, educational institution, non-profit agency, corporation, government agency, or other entity, which employs one hundred (100) or more persons at a single work site, and may either be a property owner or tenant of an applicable development.
“Employment Threshold” refers to the number of employees which an applicable development must have for the requirements of this Chapter to be applicable to that employer. “Minimum Standards” means the minimum changes made to establish a transportation demand management and trip reduction plan at an applicable development project to a level which satisfies this ordinance.

“Mixed-Use Development” means new development projects that combine any land uses one with another.
“New Development Project” means any non-residential project being processed where some level of discretionary action by a decision making body is required. “Peak Period” means those hours of the business day between 7:00 a.m. and 9:00 p.m. inclusive, Monday through Friday, which TDM Program strategies identify as the priority period for reducing work related vehicle trips.
“Property Owner” means the legal owner of the applicable development. “Rideshare Facilities” means any capital improvements which would benefit an employee who rideshares to the work site, including on-site amenities, preferential parking, and rideshare drop-off areas at the entrance of the work site. “Site Development Plan” means a precise plan of development that may be subject to public hearing before the Planning Commission. The following applications shall for the purpose of this Ordinance constitute a “Site Development Plan”:
(1) Application for a new Conditional Use Permit; and
(2) The expansion or revision to a pre-existing Conditional Use Permit. “Transit Facilities” means any capital improvements which would benefit an employee who uses any form of transit to travel to the work site, including transit stops, shelters, bus turnouts, park and ride lots, and other transit amenities. “Transportation Management Association” or “TMA” means a voluntary entity of employers, property owners, and other interested parties who share a mutual concern for local transportation problems. TMAs have the ability to collectively pool participants’ resources to address these issues. A TMA must still meet a ten (10) percent reduction in work related trips for each individual applicable new development.
“Transportation Demand Management” or “TDM” means the implementation of programs, plans or policies designed to encourage changes in individual travel behavior. TDM can include an emphasis on alternative travel modes to the single occupant vehicle such as carpools, vanpools, and transit; reduction or elimination of the number of vehicle trips; or shifts in the time of vehicle commutes to other than peak period. “Work Site” means a building or grouping of buildings located within the City which may physical contact or be separated solely by a private or public roadway or other private right-of-way, and which are owned or operated by the same employer (or by employers under common control).

16.50.030 Applicability.
(a) Criteria for Consideration as an Applicable Development: A project shall be considered an Applicable Development subject to this Chapter if it meets one or more of the following criteria:

(1) All New Development Projects and/or Change of Use projects that are estimated to employ a total of one hundred (100) or more persons as determined by the methodology outlined in Section 16.50.030(b);
(2) Any expansion or revision to a pre-existing Conditional Use Permit where:
(i) The expansion or revision is estimated to employ a total of one hundred (100) or more persons as determined by the methodology in Section 16.50.030(c); or (ii) Where the expansion or revision is expected to employ fewer than one hundred (100) persons and the existing development currently employs a total of one hundred (100) or more persons.
(3) Or other proposed development projects expected to meet the Employment Threshold as required by the Community Development Director. (b) For purposes of determining whether a New Development Project or Change of Use project is subject to this Chapter, the total employment figure shall be determined as follows:
(1) Employment projections developed by the project applicant, subject to approval by the Community Development Director; or
(2) Employment projections developed by the Community Development Director using the following Employee Generation Factors by type of use:

LAND USE GROSS SQ. FT. PER EMPLOYEE

Retail/Commercial 500
Office/Professional 250
Industrial/Manufacturing 525
Hotel/Motel .8-1.2 employees/room
Hospital 300

The employment projection for a Mixed-Use Development or multiple uses shall be calculated on a case by case basis based upon the proportion of development devoted to each type of use.

16.50.040 Exemptions.

Notwithstanding any other provisions, the following uses and activities shall be specifically exempt from this Chapter:
(a) New Development Projects expected to employ fewer than one hundred (100) persons.

(b) Temporary construction activities on any affected project, including activities performed by engineers, architects, contact subcontractors and construction workers. (c) Other temporary activities, as defined in the City Zoning code, or as authorized by the Community Development Director when such activities shall discontinue at the end of the designated time period.
(d) Minor modifications, revisions or amendments to a pre-existing Conditional Use Permit involving, but not limited to architectural, landscaping, signage or accessory amenities or other such modifications as determined by the Community Development Director. (e) A residential project or residential component of a Mixed-Use Development or Conditional Use Permit.

16.50.050 Minimum standards.
(a) Submission of a Transportation Demand Management Program. All Applicable Development Projects, which are owned and managed as one unit, shall submit a Transportation Demand Management Program prepared by a traffic engineer, transportation planner, or other qualified professional identifying traffic impacts associated with a proposed project and including design recommendations and mitigation measures, as appropriate, to address on-and off-site project impacts. The TDM Program shall implement a trip reduction plan to reduce work-related Peak Period vehicle trips by ten (10) percent from the expected number of trips related to the project or work site (as indicated in the most recent edition of the Institute of Transportation Engineers (ITE) Trip Generation handbook. The TDM Program shall also indicate specific strategies and guidelines to reduce the amount of trips and increase the amount of non-vehicular transportation.
(b) Required Capital Improvement Standards. All developers of applicable New Development Projects and/or Change of Use shall be subject to required capital improvement standards as specified in this Section. All standards must be addressed to determine if they are applicable to the development. These required standards may be used to achieve the mandatory reduction of ten (10) percent in the expected number of trips related to the project.

Developers of all applicable developments shall include in their project Site Development Plan provisions to address each of the following capital improvements: (1) transit facilities (on and off site); (2) bicycle facilities; and (3) rideshare facilities. (c) Operational Standards. Operational Standards are standards to which employers, TMAs, or a managing office of a development administered as one unit are subject, in order to achieve the mandatory ten (10) percent reduction in trips related to the project.

These standards must be established sixty (60) days after occupancy of the development by an employer.
(d) Allowable Options for Developer’s TDM Program. The following options may be included in the developer’s TDM Program to fulfill both the capital improvement standards and the operational standards:
(1) Incorporate alternate work schedules and flex-time programs (such as a 9/80 or 4/40 work schedule);

(2) Establish telecommuting or work at home programs to allow employees to work at home or at a satellite work center;
(3) Provide bicycle parking facilities equal to five (5) percent of the total required automobile parking spaces, and preserve two (2) percent of the gross floor area for employee locker and shower facilities;
(4) Provide affordable on-site housing and shuttles to and from residential and work areas;
(5) Preferential parking for carpool vehicles;
(6) Information Center for Transportation Alternatives; (7) Rideshare vehicle loading areas;
(8) Vanpool vehicle accessibility;
(9) Bus stop improvements;
(10) On-Site child care facilities;
(11) Availability of electrical outlets for recharging of electric vehicles; (12) On-Site amenities such as cafeterias and restaurants, automated teller machines, and other services that would eliminate the need for additional trips; (13) Airport shuttle service to hotels and spas;
(14) Contributions to funds providing regional facilities such as park and ride lots, multi-modal transportation centers, and transit alternatives in the area; (15) Incentives for mass transit usage including provision of a bus pass, additional pay, flex-time or others;
(16) Implementation of increased parking fees or new fees; (17) Restriction of business hours;
(18) Restriction of delivery hours;
(19) Provide a direct pedestrian path from the closest transit stop to the facility; (20) Contribute up to $1.00/square foot to a housing subsidy fund so that affordable housing can be created closer to employer sites;
(21) Develop rideshare and shuttle programs at resorts/hotels; (22) Create a golf cart circulation system;

(23) If an applicable development is on a current transit route, provide a transit stop, shelter, trash barrels, benches, shade and wind protection, and bus turnouts; (24) If an applicable development is not located on a current transit route, contribute to a fund which will be used to provide transit amenities; (25) If an applicable development is located on a major arterial, subparagraphs 23 and 24 shall be considered;
(26) Provisions for the implementation of bicycle lanes; and (27) Provide other creative or innovative strategies to reduce trips.

16.50.060 Processing time limits for the TDM application. (a) Period for Determination of Completeness of Application by Community Development Director. No later than thirty (30) days after the Community Development Director has received a complete application for a Transportation Demand Management Review, the Community Development Director or designee shall determine, in writing, whether the submitted application materials are complete and shall immediately transmit such determination to the applicant. Upon the receipt of any additional application materials, a new thirty (30) day time period shall begin during which time the Community Development Director is to determine the completeness of the application.
(b) Period for Appeal for Incomplete Application. If the application, together with these submitted materials, is determined not to be complete, the applicant may appeal the decision to require additional information to the Planning Commission. If the final written determination on the appeal is not made within sixty (60) days, the application with the submitted materials shall be deemed complete.
(c) Extension of Time Limits. The Community Development Director and the applicant may mutually agree to a reasonable extension of these time limits, not to exceed ninety (90) days.
(d) Enabling Applications. Applications which depend on approval of another enabling application (e.g. Conditional Use Permit), shall not be considered accepted until the effective decision date for the enabling application(s). Such dependent applications may, however, be accepted for preapplication review to allow concurrent processing and thereby streamline the review process.
(e) Final Approval of the TDM Application. Once the application has been deemed complete, the Community Development Director, shall consider the matter and approve, deny, or approve in modified form the TDM application.

16.50.070 Filing procedure and evaluation.
(a) TDM Application Forms. A request for TDM approval shall be made through application forms provided by the Planning Department. The application for such TDM approval

shall be filed concurrently with any application for all Applicable Development projects or other projects as required by the Community Development Director. (b) Processing Fee. A processing fee shall be paid at the time the completed application is filed with the Planning Department. The fee shall be as Stated in Section

16.50.090.
(c) Supplemental Information. A TDM application form shall be supplemented by plans and other pertinent information to adequately address all applicable aspects of a proposal.
(d) Review and Recommendations by Community Development Director.

Community Development Director shall review applications and arrive at recommendations or approvals as appropriate, by considering aspects of conformance with this Chapter.

16.50.080 Renewal/review for compliance.
(a) Deadline for Annual Renewal. On January 1st of each year, the applicable development (developer, owner, employer, or managing office) who is responsible for implementing an approved TDM shall make application to the Community Development Director for the annual renewal of its TDM Program.
(b) Criteria for Renewal. The Community Development Director shall, within thirty (30) days of receipt of an application, determine in writing, approval of the renewal of a TDM Program if the TDM Program is reducing work related trips by ten (10) percent, or denial of a renewal due to non-compliance with this Chapter.
(c) Recourse When Renewal Application is Denied. If a TDM Program is not renewed, an updated TDM Program shall be submitted by the applicable development (developer, owner, employer, or managing office) within thirty (30) days from date of notification of the denial of renewal. Upon receipt of a complete submittal of an updated TDM Program, the Community Development Director shall approve or deny the application within thirty (30) days, or forward the application to the Planning Commission which shall hold at least one (1) public hearing and shall approve, deny, or approve in modified form, the updated TDM Program.
(d) Complaints of Non-Compliance. The Community Development Director shall review any approved TDM Program for compliance if complaints about a TDM Program and its non-compliance are reported to the City. Community Development Director shall, no later than thirty (30) after receiving a complaint, review said application and shall either affirm, modify, or require an updated Program be submitted, as appropriate, by considering aspects of conformance with this Chapter.

16.50.090 Fees for initial review and program monitoring.

For the purposes of meeting its obligations under this Chapter, the following fees are deemed necessary to review and monitor TDM Programs and shall be imposed on the subject property owner.

(a) Trip Reduction/TDM Program Review Fee. A trip reduction/TDM Program Review Fee due at the time initial project application submission to the Planning Department. (b) Trip Reduction/TDM Program Review for Compliance Fee. A trip reduction/TDM Program Renewal/Review for Compliance Fee due at the time of initial review by the Community Development Director.
(c) Late Submittal Fee. If an annual renewal application is not timely submitted, a late submittal fee shall be required.

The City Council, by resolution, shall establish the amount of the above fees in accordance with applicable law.

16.50.100 Enforcement and penalties.
(a) Enforcement Actions. For the purposes of ensuring that applicable developments comply with the provisions of this Chapter, the Community Development Director may, following written notice to subject property owner(s), initiate enforcement action(s) against such property owner(s) or designee(s), which enforcement action may include, but not be limited to, the following:
(1) Revocation of a Business License;
(2) Revocation of an approved Conditional Use Permit;
(3) Withholding issuance of a Certificate of Use and Occupancy or Building Permit; (4) Issuance of a Stop Work Order; and
(5) Non-Compliance penalty as specified in Section 1.16.010 of the City Municipal Code.
(b) Other Legal Actions for Violations. In addition to any other remedies for violation of the Municipal Code in force, the City may bring and maintain any action permitted by law to restrain, correct, or abate any violation of this Chapter, and in the event that legal action is brought by the City, reasonable attorney’s fees and court costs shall be awarded to the City and shall constitute a debt owed by the violator to the City. The City may place a lien on the affected property in the event any debts so incurred are not timely paid.

16.50.110 Appeals.
(a) Application. Decisions made by the Community Development Director may be appealed by an applicant, property owner(s), or designee(s) of any applicable development to the Planning Commission by an application in writing to the Clerk of the Planning Commission within fifteen (15) days from the date of notification of decision. (b) Public Hearing. The Planning Commission shall hold at least one (1) public hearing and consider the matter and affirm, reverse, or modify the Community Development Director’s decision within sixty (60) days of the submittal of a complete appeal application. The

decision of the Planning Commission may be appealed to the City Council, in accordance with the requirements of Zoning Code Section 21.100.110.

Chapter 16.52 STORM WATER MANAGEMENT AND DISCHARGE CONTROLS • 16.52.010 Title—Purpose and general provisions.

• 16.52.020 Discharge regulation and requirements.

• 16.52.030 Inspection and enforcement.

16.52.010 Title—Purpose and general provisions.
(a) Title. This Chapter shall be known as the City of Indian Wells Storm Water Management and Discharge Control Ordinance and may be so cited. (b) Purpose and Intent. The purpose of this Chapter is to ensure the future health, safety, and general welfare of Indian Wells residents by:
(1) Regulating non-storm water discharges to the municipal separate storm drain; (2) Controlling the discharge to municipal separate storm drains from spills, dumping or disposal of materials other than storm water; and (3) Reducing pollutants in storm water discharges to the maximum extent practicable.

The intent of this Chapter is to protect and enhance the water quality of City watercourses, water bodies, groundwater, and wetlands in a manner pursuant to and consistent with the Clean Water Act.
(c) Definitions. The terms as used in this ordinance shall have the following meanings:
(1) Best Management Practice. Best Management Practice (BMP) shall mean schedules of activities, prohibitions of practices, general good housekeeping practices, maintenance procedures, educational programs, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to waters of the United States. BMPs also include treatment requirements, operating, procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw materials storage.

The California Storm Water Best Management Practice Handbooks for Municipal, Industrial/Commercial and Construction Activity provide a detailed discussion of BMPS. (2) Director. Director shall mean the City Engineer or designee. (3) Enforcement Officer. Enforcement officer shall include the Director, Building Official, Assistant Public Works Director, Planning Director, City Manager, Sheriff, and their designees.

(4) Illicit Connection. Illicit Connection shall mean any physical connection to a storm drain system which has not been permitted by the City, the Riverside County Flood Control and Water Conservation District, or other appropriate public agency. (5) Illicit Discharge. Illicit Discharge shall mean any discharge to storm drain system that is not composed entirely of storm water runoff except discharges made pursuant to a National Pollutant Discharge Elimination System (NPDES) permit or as otherwise authorized by the Santa Ana, San Diego, or Colorado River Basin Regional Water Quality Control Board. (6) Municipal NPDES Permit. Municipal NPDES Permit shall mean an area-wide NPDES permit issued to a government agency or agencies for the discharge of storm water from storm water system.
(7) National Pollutant Discharge Elimination System. National Pollutant Discharge Elimination System (NPDFS) Permit shall mean a storm water discharge permit issued by the Santa Ana, San Diego, or Colorado River Basin Regional Water Quality Control Board or the State Water Resources Control Board in compliance with the federal Clean Water Act. (8) Non-Storm Water Discharge. Non-Storm Water Discharge shall mean any discharge to the storm drain system that is not entirely composed of storm water. (9) Person. Person shall mean any natural person, firm, association, club, organization, corporation, partnership, business trust, company or other entity which is recognized by law as the subject of rights or duties.
(10) Pollutant. Pollutant shall mean anything which causes the deterioration of water quality such that it impairs subsequent and/or competing uses of the water. Pollutants may include but are not limited to paints, oil and other automotive fluids, soil, rubbish, trash, garbage, debris, refuse, waste, fecal coliform, fecal streptococcus, enterococcus, heavy metals, hazardous waste, chemicals, fresh concrete, yard waste from commercial landscaping operations, animal waste, materials that result from the process of constructing a building or structure, nauseous or offensive matter of any kind.
(11) Premises. Premises shall mean any building, lot, parcel of land or portion of land whether improved or unimproved.
(12) Storm Drain System. Storm Drain System shall mean any facility by which storm water may be conveyed to waters of the United States. The storm drain system includes but is not limited to any roads with drainage systems, streets, curbs, gutters, catch basins, natural and artificial channels, ditches, aqueducts, storm drains, inlets, conduit or other drainage structure.
(13) Storm Water Runoff. Storm Water Runoff shall mean surface runoff and drainage associated with rain storm events and snow melt. (d) Responsibility for Administration. This Chapter shall be administered for the City by the Director.

(e) Regulatory Consistency. This Chapter shall be construed to assure consistency with the requirements of the federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and any existing or future municipal NPDES Permits and any amendments, revisions or reissuance thereof.

(f) Severability. If any provision, clause, sentence, or paragraph of this Chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this Chapter are hereby declared to be severable.

16.52.020 Discharge regulation and requirements.
(a) Discharge of Pollutants. A non-storm water discharge to the storm drain system is a violation of this Chapter except as specified below. (1) The prohibition of discharges shall not apply to any discharge regulated under a NDPFS Permit or waiver issued to the discharger and administered by the State of California under the authority of the EPA, provided that the discharger is in Full compliance with all requirements of the permit or waiver and other applicable laws or regulations. (2) Discharges from the following activities will not be considered a source of pollutants to waters of the United States when properly managed: water line flushing and other discharges from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising ground waters, infiltration to separate storm drains, uncontaminated pumped ground water, foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges or flows from firefighting.
(b) Discharge in Violation of Permit. Any discharge that would result in or contribute to a violation of an existing or future Municipal NPDES Permit(s) currently No CA8000192 and No. CA0108766 on file in the office of the City Engineer and any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is a violation of this Chapter and is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such persons shall defend, indemnity and hold harmless the City in any administrative or judicial enforcement action relating to such discharge.
(c) Illicit Connections. It is a violation of this Chapter to establish, use, maintain, or continue illicit drainage connections to the City storm drain system, or to commence or continue any illicit discharges to the City drain system, This prohibition against illicit connections is expressly retroactive and applies to connections made in the past, regardless of whether permissible under the law or practices applicable or prevailing at the time of the connection, (d) Reduction of Pollutants in Storm Water. It is a violation of this Chapter to throw, deposit, leave, maintain, keep, or be thrown, deposited, placed, left or maintained, any

refuse, rubbish, garbage, abandoned vehicle or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private plot of land in the City, the only exception being where such pollutant is being temporarily placed in an appropriate container with a spill containment system for later collection and removal. It is a violation of this Chapter to cause or permit any dumpster, solid waste bin, or similar container leak such that any pollutant is discharged into any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private plot of land in the City.
(e) Outdoor Storage Areas. In outdoor areas, no person shall improperly store motor vehicles, machine parts, or other objects in a manner that may leak grease, oil, or other hazardous substances. To prevent the discharge of hazardous substances from the property, the City may require the installation of a spill containment system. Spill containment systems may consist of a system of dikes, walls, barriers, berms, or other devices as required. No person shall operate a spill containment system such that it allows incompatible liquids to mix and thereby create a hazardous condition.
(f) Construction Sites. Any person performing construction work in the City shall comply with the provisions of this Chapter.
(g) New Development and Redevelopment. To minimize the discharge and transport of pollutants, the City may require, in its discretion, a new development or redevelopment project to control the volume and rate of storm water runoff from the project so as to prevent any deterioration of water quality which would impair the subsequent or competing uses of the water. The Director may establish standards and guidelines implementing BMPs designed to control the rate and volume of storm water runoff from new developments and redevelopments as may be appropriate to minimize the discharge and transport of pollutants.

Acceptable methods and standards for controlling storm water runoff volumes, rates, and pollutant load may include but are not limited to the following:
(1) Increase Permeable Areas. Avoid placing impervious surfaces in highly porous soil areas; incorporate landscaping and open space into the project design, use porous materials for or near driveways and walkways, incorporate detention ponds and infiltration pits into the project’s design; avoid placing pavement and other impervious surfaces in low lying areas.
(2) Direct Runoff to Permeable Areas. Direct storm water runoff away from impermeable areas to swales, berms, green strip filters, gravel beds, and trench drains. (3) Maximize Storm Water Storage for Reuse. Use retention structures, subsurface areas, cisterns, or other structures to store storm water runoff for reuse or slow release. (h) Compliance with General Permits. Any industrial discharger, discharger associated with construction activity, or other discharger subject to any NPDES permit issued by the United States Environmental Protection Agency, the State Water Resources Control Board, the Santa Ana Regional Water Quality Control Board, the San Diego Regional Water Quality

Control Board or the Colorado River Basin Regional Water Quality Control Board, shall comply with all requirements of such permit. This Chapter shall specifically comply with the following permits: the Industrial Storm Water General Permit, the Construction Activity Storm Water General Permit, and the Dewatering General Permit. Proof of compliance with said NPDES General Permits may be required in a form acceptable to the Director prior to issuance of any City grading, building, or occupancy permits.
(i) Compliance with BMPs. Where BMPs guidelines or requirements have been adopted by any federal, State of California, regional, and/or City agency, for any activity, operation, or facility which may cause or contribute to storm water pollution or contamination, discharges, and/or discharge of non-storm water to the storm water system, every person undertaking such activity or operation, or owning or operating such facility shall comply with such guidelines or requirements as may be identified by the Director.

16.52.030 Inspection and enforcement.
(a) Authority to Inspect. Whenever necessary to make an inspection to enforce any of the provisions of this Chapter, or whenever an Authorized Enforcement Official has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this Chapter, the officer may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the officer by this Chapter; provided that if such building or premises be occupied, he or she shall first present proper credentials and request entry; and (ii) if such building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons leaving charge or control of the building or premises and request entry.

Any such request for entry shall State that the property owner or occupant has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate. In the event the owner and/or occupant refuses entry after such request has been made, the official is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this Chapter, including but not limited to random sampling and/or sampling in areas with evidence of storm water contamination, illicit discharges, discharge of non-storm water to the storm water system, or similar factors.
(1) Authority to Sample and Establish Sampling Devices. With the consent of the owner or occupant or pursuant to a search warrant, any authorized Enforcement Officer may establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the officer may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on-site. (2) Notification of Spills. All persons in charge of a facility or responsible for emergency response for a facility are personally responsible to train facility personnel and maintain notification procedures to assure that immediate notification is provided to the City of any suspected, confirmed or unconfirmed release of material, pollutants or waste creating a risk of discharge in to the City storm drain system. As soon as any person in charge of a facility or

responsible for emergency response for a facility has such knowledge, such person shall take all necessary steps to ensure the discovery and containment and cleanup of such release and shall notify the City of the occurrence by telephoning [ILLICIT DISCHARGE HOTLINE] and confirming the notification by correspondence to the Director.
(3) Requirement to Test or Monitor. Any authorized enforcement official may request that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to storm water pollution or contamination, illicit discharges, and/or discharge of non-storm water to the storm water system, undertake such monitoring activities and/or analyses and furnish such reports as the officer may specify. The burden, including costs, of these activities, analyses and reports shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analyses and/or reports requested. In the event the owner or operator of a facility subject to a monitoring and/or analyses order fails to conduct required monitoring and/or analyses and furnish the required reports in the form required, the Authorized Enforcement Officer may cause such monitoring and/or analyses and the cost, therefore, including the reasonable additional administrative costs incurred by the City shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property. If the invoice is not paid within sixty (60) days of the issuance thereof, the costs shall be a lien upon and against the property and continue in existence until the same shall be paid, If the lien is not satisfied by the owner of the property within three (3) months after the completion by an Authorized Enforcement officer of the required monitoring and/or analyses and reports, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution.
(b) Violations Constituting Misdemeanors. Unless otherwise specified by ordinance, the violation of any provision of this Chapter, or failure to comply with any of the mandatory requirements of this Chapter shall constitute a misdemeanor, except that notwithstanding any other provisions of this Chapter, any such violation, constituting a misdemeanor under this Chapter, at the discretion of the Authorized Enforcement Officer may be charged and prosecuted as an infraction.
(c) Penalties. It shall be unlawful for any person to violate any provision of this Chapter. Any person violating any provision of this Chapter shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof doing which any violation of any of the provisions of this Chapter is committed, continued or permitted, Any person so convicted shall be (1) guilty of an infraction offense and punished by a fine not exceeding one hundred dollars ($100.00) for a first violation, (2) guilty of an infraction offense and punished by a fine not exceeding two hundred dollars ($200.00) for a second violation. The third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or six (6) months in jail) or both. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve a person from the responsibility for correcting the violation.
(d) Concealment. Causing, permitting, aiding, abetting or concealing a violation of any provision of this Chapter shall constitute a violation of such provision.

(e) Acts Potentially Resulting in Violation of the Federal Clean Water Act and/or Porter-Cologne Act. Any person who violates any provision of this Chapter, any provision of any permit issued pursuant to this Chapter, or who discharges waste or wastewater which causes pollution, of who violates any cease and desist order, prohibition, or effluent limitation also may be in violation of the federal Clean Water Act and/or Porter-Cologne Act and may be subject to the sanctions of those Acts including civil and criminal penalty. Any enforcement action authorized under this Chapter should also include notice to the violator of such potential liability.
(f) Violations Deemed a Public Nuisance. In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this Chapter is a threat to the public health, safety and welfare, and may be declared and deemed a nuisance, and may be summarily abated and/or restored by any Authorized Enforcement Officer, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the City Attorney.

The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be a lien upon and against the property and such lien shall continue in existence until the same shall be paid. If the lien is not satisfied by the owner of the property within three (3) months after the completion by the Authorized Enforcement Officer of the removal of the nuisance and the restoration of the property to its original condition, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution.

If any violation of this Chapter constitutes a seasonal and recurrent nuisance, the Director shall so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing.

In any administrative or civil proceeding under this ordinance in which the City prevails, the City shall be awarded all costs of investigation, administrative overhead, out-of- pocket expenses, costs of administrative hearings, costs of suit and reasonable attorneys’ fees. (g) Judicial Review. The provisions of Section 131094.6 of the California Code of Civil Procedure are applicable to judicial review of City decisions pursuant to this Chapter. (h) Civil Actions. In addition to any other remedies provided in this Section may be enforced by civil action brought by the City. In any such action, the City shall grant, as appropriate, any or all of the following remedies:
(1) A temporary and/or permanent injunction.
(2) Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection. (3) Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation.

(4) Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. Assessments under this subsection shall be paid to the City to be used exclusively for costs associated with monitoring and establishing storm water discharge pollution control systems and/or implementing or enforcing the provisions of this Chapter. (i) Administrative Enforcement Powers. In addition to the other enforcement powers and remedies established by this Chapter, any Authorized Enforcement Officer has the authority to utilize the following administrative remedies:
(1) Cease and Desist Orders. When an Authorized Enforcement Officer finds that a discharge has taken place or is likely to take place in violation of this Chapter, the officer may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall: a) comply with the requirement, b) comply with a time schedule for compliance, and/or take appropriate remedial or preventive action to prevent the violation from recurring.
(2) Notice to Clean. Whenever an Authorized Enforcement Officer finds any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in pollutants entering a City storm sewer system or natural watercourse, or a non-storm water discharge to a City storm sewer system or natural watercourse, he or she may give notice to remove such oil, earth dirt, grass, weeds, dead trees, tin cans, rubbish refuse, waste or other material, in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice.

In the event the owner or operator of a facility fails to conduct the activities as described in the notice, the Authorized Enforcement officer may cause such required activities as described in the notice, and the cost thereof shall be invoiced to the owner of the property.

If the invoice is not paid within sixty (60) days, a lien shall be placed upon and against the property. If the lien is not satisfied by the owner of the property within three (3) months after the completion of the required activities by the Authorized Enforcement Officer the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution,
(j) Authority to Arrest or Issue Citations. Authorized Enforcement officers shall have and are hereby vested with the authority to arrest or cite any person who violates any Section of this Chapter in the manner release on citation of misdemeanor or infractions as prescribed by Chapter 5, 5c, and 5d of Title 3, Part 2 of the Penal Code (or as the same may be hereinafter amended)
Such Authorized Enforcement officers or employees may issue a citation and notice to appear in the manner prescribed by Chapter 5c of Title 3, Part 2 of the Penal Code, including Section 853.6 (or as the same may hereafter be amended). It is the intent of the City Council that the immunities prescribed in Section 836.5 of the Penal Code be applicable to public officers or employees or employees acting in the course and scope of employment pursuant to this Chapter.

(k) Non-exclusivity of Remedies. Remedies under this Chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. (l) Appeal. Any person, firm, corporation or organization required to perform monitoring, analyses, reporting and/or corrective activities by an Authorized Enforcement Officer who is aggrieved by the decision of the Authorized Enforcement Officer may appeal such decision to the Director within ten (10) days following the effective date of the decision in writing to the Director. Upon receipt of such request, the Director shall request a report and recommendation from the Authorized Enforcement Officer and shall set the matter for hearing at the earliest practical date. At said hearing, the Director may hear additional evidence, and may reject, affirm or modify the Authorized Enforcement Officer’s decision. Such decision shall be final.
(m) Disclaimer of Liability. The degree of protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific, engineering and other relevant technical considerations. The standards set forth herein are minimum standards and this Chapter does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into the waters of the United States. This Chapter shall not create liability on the part of the City, any Officer or employee thereof for any damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder.

Chapter 16.60 POST DISASTER SAFETY ASSESSMENT PLACARDS
• 16.60.010 Intent.

• 16.60.020 Application of provisions.

• 16.60.030 Definition of safety assessment.

• 16.60.040 Placards.

16.60.010 Intent.

This Chapter establishes standard placards to be used to indicate the condition of a structure for continued occupancy after any natural or manmade disaster. The Chapter further authorizes the Division of Building and Safety and its authorized representatives, to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment.

16.60.020 Application of provisions.

The provisions of this Chapter are applicable to all buildings and structures of all occupancies regulated by the City of Indian Wells following each natural or manmade disaster.

The Council may extend the provisions as necessary.

16.60.030 Definition of safety assessment.

Safety assessment is a visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy following a natural or manmade disaster.

16.60.040 Placards.
(a) Type of Placards. The following are descriptions of the official jurisdiction placards to be used to designate the condition for continued occupancy of buildings or structures.
(1) INSPECTED — Lawful Occupancy Permitted. “INSPECTED Lawful Occupancy Permitted” to be posted on any building or structure wherein no apparent hazard has been found. This placard is not intended to mean that there is no damage to the building or structure.
(2) RESTRICTED USE. “RESTRICTED USE” is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note, in general terms, the type of damage encountered and will clearly and concisely note the restriction on continued occupancy. Also list any potential hazards in the area of the structure that would affect the posting.
(3) UNSAFE — Do Not Enter or Occupy. “UNSAFE Do Not Enter or Occupy” is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life or health safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the department that posted the placard. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note, in general terms, the type of damage encountered and any potential hazards in the area of the structure that would affect the posting. (b) Additional information on Placard. This number of the ordinance codified in this Chapter, the name of the department, the address of the department and the phone number shall be permanently affixed to each placard.
(c) Restrictions on Removal of Placard. Once attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the department or upon written notification from the department. Removal of this notice is in violation of Indian Wells Municipal Code Section 2.32.110.

Chapter 16.70 LAND USE FOR RECONSTRUCTION AFTER A DISASTER • 16.70.010 Intent.

• 16.70.020 Application of provisions.

• 16.70.030 Definitions.

• 16.70.040 Land use requirements.

• 16.70.050 Board of Appeals.

16.70.010 Intent.

This Chapter establishes standards and regulations for expeditious repair and reconstruction of buildings or structures which were damaged or caused to be demolished as a result of a disaster for which a local emergency has been declared by the City Council. The Chapter does not allow exemptions from the Building, Fire, Electrical, Mechanical, Plumbing or other codes adopted by the City of Indian Wells.

16.70.020 Application of provisions.

The provisions of this Chapter are applicable to all building sites regulated by the City of Indian Wells following each disaster when a local emergency has been declared. The Council may extend provisions as necessary.

16.70.030 Definitions.
“Current Building Code” shall mean the edition of the California Building Code, published by the International Conference of Building Officials, as adopted by the City of Indian Wells in accordance with the operation of law pursuant to Section 18941.5 of the State of California Health and Safety Code. The edition to be applied shall be that edition in effect at the time of the declaration of a local emergency by the City Council. “Non-conforming Occupancy” shall mean occupancies, as defined by Table No. 5 A of the current Building Code, which were in place prior to the passage of the City’s General Plan and all current zoning or planning ordinances.

Local Emergency Declared by City Council. Conditions of extreme peril to the safety of persons and property that may strike the City, caused by but not limited to: earthquakes, fire, flood, hazardous spills, civil unrest, epidemics, storms, etc.

16.70.040 Land use requirements.
(a) Regulations Regarding Reconstruction. All buildings or structures which, as a result of a natural disaster for which a local emergency has been declared, have been damaged to a point where the owner has elected to demolish rather than repair, caused to be demolished as a threat to public health and safety, or destroyed may be reconstructed on the same lot. If the buildings or structures are to be reconstructed, current zoning and planning ordinances relating to building size, lot coverage, parking and site improvements shall be waived provided:
(1) The building is reconstructed to the same configuration, floor area, height, and occupancy as the original building or structure and is constructed of similar construction materials. Existing un reinforced masonry and concrete materials shall be replaced with similar materials reinforced in accordance with the current Building Code.