AGENDA ITEM #9.16
Second Reading of Ordinance No. 1783 approving a Development Agreement b... Page 426 of 527 PARCEL 1 OF PARCEL MAP ON FILE IN BOOK 1 PAGE 41 OF PARCEL MAPS, RIVERSIDE COUNTY RECORDS.
PARCEL 28: (APN: 614-101-008)
THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF THE WEST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 242.50
FEET NORTH OF THE SOUTHEAST CORNER THEREOF; THENCE NORTH ALONG SAID EAST LINE, 47.50 FEET;
THENCE WEST PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 168.00 FEET TO THE WEST LINE
OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION;
THENCE SOUTH PARALLEL WITH THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 47.50 FEET;
THENCE EAST, PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 168.00 FEET TO THE POINT OF BEGINNING.
PARCEL 29: (APN: 614-101-009)
ALL THAT PORTION OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION, 195 FEET NORTH OF THE SOUTHEAST CORNER THEREOF; THENCE NORTH ALONG SAID EAST LINE, 47.5 FEET; THENCE WEST, 168 FEET; THENCE SOUTH 47.5 FEET; THENCE EAST TO THE POINT OF BEGINNING.
SAID PROPERTY IS ALSO SHOWN ON THE LICENSED LAND SURVEYOR'S MAP ON FILE IN BOOK 5, PAGE 14 OF RECORDS OF SURVEY, RECORDS OF SAID COUNTY.
AGENDA ITEM #9.16
Second Reading of Ordinance No. 1783 approving a Development Agreement b... Page 427 of 527 PARCEL 30: (APN: 614-101-010)
ALL THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO
THE OFFICIAL PLAT THEREOF,
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF WEST HALF OF SOUTHEAST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SECTION 26, 147.5 FEET NORTH OF THE SOUTHEAST CORNER THEREOF;
THENCE NORTH ALONG SAID EAST LINE, 47.5 FEET;
THENCE WEST 168.00 FEET, MORE OR LESS, TO THE NORTH AND SOUTH CENTER
LINE OF SAID WEST HALF OF SOUTHEAST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION 26; THENCE SOUTH ALONG SAID CENTER LINE 47.5 FEET;
THENCE EAST, 168.00 FEET TO THE POINT OF BEGINNING.
SAID PROPERTY IS ALSO SHOWN ON LICENSED LAND SURVEYOR'S MAP ON FILE IN BOOK 5, PAGE 14 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL 31: (APN: 614-101-011)
THAT PORTION OF THE EAST 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OP SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE WEST 1/2 OF THE SOUTHEAST 1/4 THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION;
THENCE NORTHERLY ALONG
THE EAST LINE OF SAID WEST 1/2, 100.00 FEET, SAID POINT BEING THE
NORTHEAST CORNER OF A PARCEL OF LAND CONVEYED TO TRUSTEES OF THE
AFRICAN METHODIST EPISCOPAL
CHURCH BY DEED RECORDED FEBRUARY 4, 1942 IN BOOK 527 PAGE 518 OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE WESTERLY ALONG THE
SOUTHERLY LINE OF
AGENDA ITEM #9.16
Second Reading of Ordinance No. 1783 approving a Development Agreement b... Page 428 of 527 SAID TRACT OF THE LAND CONVEYED TO LONNIE CHATAM, 140.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY AND PARALLEL WITH SAID EAST LINE, 20.00 FEET, THENCE WESTERLY AND PARALLEL WITH SAID SOUTHERLY LINE, 28.00 FEET, MORE OR LESS, TO THE WEST LINE OF SAID EAST 1/2 OF THE WEST 1/2 OF SAID SOUTHEAST 1/4; THENCE SOUTHERLY ALONG SAID WEST LINE, 20.00 FEET; THENCE EASTERLY ALONG SAID SOUTHERLY LINE, 28.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING.
PARCEL 32: (APN: 614-101-012)
THAT PORTION OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND
MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF SAID EAST HALF OF THE WEST
HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 100.00 FEET NORTH OF THE SOUTHEAST CORNER THEREOF; SAID POINT BEING THE NORTHEAST CORNER OF
THAT CERTAIN PARCEL OF LAND CONVEYED TO THE TRUSTEES OF THE AFRICAN METHODIST EPISCOPAL CHURCH BY DEED RECORDED FEBRUARY 4, 1942 IN BOOK 527 PAGE 518 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
THENCE WEST ALONG THE NORTH LINE OF SAID PARCEL AND WESTERLY
EXTENSION
THEREOF, 168.00 FEET, MORE OR LESS, TO THE WEST LINE OF SAID EAST HALF OF
THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH ALONG SAID WEST LINE, 47.5 FEET TO THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO JOE DAVIS AND LUCY M. DAVIS, HUSBAND AND WIFE, BY DEED RECORDED MARCH 10, 1943 IN BOOK 570 PAGE 600 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL, 168.00 FEET, MORE OR LESS, TO THE EAST LINE OF
SAID EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH ALONG SAID EAST LINE, 47.5 FEET TO THE POINT OF BEGINNING;
EXCEPTING THEREFROM THAT PORTION CONVEYED TO FRED JOHNSON, ET AL, BY DEED RECORDED OCTOBER 16, 1947 AS INSTRUMENT NO. 1741, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE WEST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTHERLY ALONG THE EAST LINE OF
AGENDA ITEM #9.16
Second Reading of Ordinance No. 1783 approving a Development Agreement b... Page 429 of 527 SAID WEST HALF, 100.00 FEET, SAID POINT BEING THE NORTHEAST CORNER OF A
PARCEL OF LAND CONVEYED TO TRUSTEES OF THE AFRICAN METHODIST EPISCOPAL CHURCH BY DEED RECORDED FEBRUARY 4, 1942 IN BOOK 527 PAGE 518 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID TRACT OF LAND CONVEYED TO LONNIE CHATAM, 140.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY AND PARALLEL WITH SAID EAST LINE, 20.00 FEET; THENCE WESTERLY AND PARALLEL WITH SAID SOUTHERLY LINE, 28.00 FEET, MORE OR
LESS, TO THE WEST LINE OF SAID EAST HALF OF THE WEST HALF OF SAID SOUTHEAST QUARTER; THENCE SOUTHERLY ALONG SAID WEST LINE, 20.00 FEET; THENCE EASTERLY ALONG SAID SOUTHERLY LINE, 28.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING.
PARCEL 33: (APN: 614-101-013)
THAT PORTION OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE WEST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH ALONG THE EAST LINE OF THE
WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 100.00 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN PROPERTY CONVEYED TO FIRST A.M.E. CHURCH BY DOCUMENT RECORDED MAY 18, 1976 AS INSTRUMENT NO. 68316 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF THE PROPERTY CONVEYED TO SAID CHURCH, 168.00 FEET,
MORE OR LESS, TO THE WEST LINE OF THE EAST HALF OF THE WEST HALF OF
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTHERLY ALONG SAID WESTERLY LINE
TO THE SOUTHWEST CORNER OF SAID EAST HALF OF THE WEST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE EASTERLY ALONG SAID SOUTHERLY LINE, 168.00 FEET TO THE POINT OF BEGINNING;
EXCEPTING THEREFROM THE SOUTHERLY 25.00 FEET THEREOF AS CONVEYED TO THE CITY OF INDIO BY DOCUMENT RECORDED APRIL 26, 1957 IN BOOK 2078 PAGE 367 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL 34: (APN: 614-101-014)
AGENDA ITEM #9.16
Second Reading of Ordinance No. 1783 approving a Development Agreement b... Page 430 of 527
THE WEST ONE-HALF OF THE NORTH ONE-HALF OF THE WEST ONE-HALF OF THE NORTH 2.00
ACRES OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26 OF TOWNSHIP 5 RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN.
PARCEL 35: (APN: 614-101-016)
THE WEST HALF OF THE NORTH HALF OF THE EAST HALF OF THE NORTH TWO
ACRES OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN.
PARCEL 36: (APN: 614-101-017)
THE WEST HALF OF THE EAST HALF OF THE NORTH HALF OF THE EAST HALF OF THE NORTH 2
ACRES OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
PARCEL 37: (APN: 614-101-018)
THE EAST HALF OF THE EAST HALF OF THE NORTH HALF OF THE EAST HALF OF THE NORTH 2 ACRES OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
PARCEL 38: (APN: 614-101-019)
THE WEST HALF OF THE SOUTH HALF OF THE NORTH 2 ACRES OF THE EAST
QUARTER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
AGENDA ITEM #9.16
Second Reading of Ordinance No. 1783 approving a Development Agreement b... Page 431 of 527
EXCEPT ANY PORTION LYING WITHIN THE EAST HALF OF THE SOUTH HALF OF THE NORTH 2 ACRES OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26.
PARCEL 39: (APN: 614-101-020)
THE WEST HALF OF THE EAST HALF OF THE SOUTH HALF OF THE NORTH 2 ACRES
OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST,
SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND.
PARCEL 40: (APN: 614-101-021)
THE EAST HALF OF THE EAST HALF OF THE SOUTH HALF OF THE NORTH 2 ACRES
OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26 OF TOWNSHIP 5 RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN.
PARCEL 41: (APN: 614-101-022)
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST,
SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF THE SOUTH 1 ACRE OF THE NORTH 3 ACRES OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26;
THENCE EASTERLY ON THE NORTHERLY
LINE OF SAID SOUTH 1 ACRE 254.00 FEET TO THE NORTHEAST CORNER OF A PARCEL OF LAND CONVEYED TO SAMUEL R. CLARK AND LAURA CLARK, BY DEED DATED SEPTEMBER 16,
1948, THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY AND PARALLEL
WITH THE EASTERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26, 132.00 FEET MORE OR LESS, TO THE SOUTHERLY LINE OF SAID SOUTH 1 ACRE; THENCE EASTERLY ALONG SAID LAST MENTIONED SOUTHERLY LINE 76.00 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF SAID SOUTH 1 ACRE; THENCE NORTHERLY ALONG THE EASTERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26, 132.00 FEET MORE OR LESS, TO THE NORTHEASTERLY CORNER OF SAID SOUTH 1 ACRE; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID SOUTH ACRE
76.00 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING.
AGENDA ITEM #9.16
Second Reading of Ordinance No. 1783 approving a Development Agreement b... Page 432 of 527 PARCEL 42: (APN: 614-101-023)
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST,
SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF THE SOUTH 1 ACRE OF THE NORTH 3 ACRES OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE EASTERLY ON THE NORTHERLY LINE OF SAID SOUTH 1 ACRE, 200 FEET
TO THE NORTHEAST CORNER OF A PARCEL OF LAND CONVEYED TO FELEX MC GEE AND EVA MC GEE BY DEED RECORDED APRIL 4, 1947 IN BOOK 826 PAGE 380 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, THE TRUE POINT OF BEGINNING; THENCE CONTINUING EASTERLY ON THE SAID NORTHERLY LINE 54 FEET; THENCE SOUTHERLY AND PARALLEL WITH THE
EASTERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26, 133.63 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF SAID SOUTH 1 ACRE; THENCE WESTERLY ALONG SAID LAST MENTIONED SOUTHERLY LINE 54 FEET TO THE SOUTHEAST CORNER OF A PARCEL OF LAND CONVEYED TO SUSIE WHITMON BY DEED RECORDED JANUARY 7, 1946 IN BOOK 721 PAGE 414 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
THENCE NORTHERLY AND PARALLEL WITH
THE EASTERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26, ALONG EASTERLY LINE OF SAID PARCEL OF
LAND CONVEYED TO SUSIE WHITMON AND CONTINUING ALONG THE EASTERLY
LINE OF SAID PARCEL OF LAND CONVEYED TO FELEX MC GEE AND EVA MC GEE, A TOTAL OF 133.63 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING.
PARCEL 43: (APN: 614-101-024)
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST,
SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED BY METES AND BOUNDS, AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF THE SOUTH 1 ACRE OF THE NORTH 3.00
AGENDA ITEM #9.16
Second Reading of Ordinance No. 1783 approving a Development Agreement b... Page 433 of 527
ACRES OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26;
THENCE EASTERLY ON THE NORTHERLY LINE OF SAID SOUTH 1 ACRE, 150.00
FEET TO THE NORTHEAST CORNER OF A PARCEL OF LAND CONVEYED TO THE GRANTEES BY DEED RECORDED MARCH 28, 1944 IN BOOK 622, PAGE 113 OF OFFICIAL RECORDS, THE TRUE POINT OF BEGINNING; THENCE CONTINUING EASTERLY ON SAID NORTHERLY LINE 50.00 FEET; THENCE SOUTHERLY AND
PARALLEL WITH THE EASTERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26, 75.00 FEET TO A POINT ON THE
NORTHERLY LINE OF THAT PARCEL OF LAND CONVEYED TO WALTER PRATT AND EDDIE G. KNIGHT BY DEED RECORDED SEPTEMBER 17, 1943 IN BOOK 596, PAGE 316 OF OFFICIAL RECORDS;
THENCE WESTERLY ALONG SAID LAST MENTIONED NORTHERLY LINE 50.00 FEET
TO THE SOUTHEAST CORNER OF SAID LAND PREVIOUSLY CONVEYED TO THE GRANTEES HEREIN; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LAND TO THE TRUE POINT OF BEGINNING.
PARCEL 44: (APN: 614-101-025)
THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7
EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTH 2.00 ACRES OF SAID EAST HALF; THENCE EAST 100 FEET ON THE SOUTH LINE OF SAID NORTH 2.00 ACRES TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING EAST 50.00 FEET ON SAID SOUTH LINE;
THENCE SOUTH 75.00 FEET, PARALLEL WITH THE EAST LINE OF SAID EAST HALF; THENCE WEST 50.00 FEET, PARALLEL WITH THE EAST LINE OF SAID NORTH 2.00 ACRES;
THENCE NORTH 75 .00 FEET, PARALLEL WITH THE EAST LINE OF SAID EAST HALF TO THE TRUE POINT OF BEGINNING.
PARCEL 45: (APN: 614-101-026)
AGENDA ITEM #9.16
Second Reading of Ordinance No. 1783 approving a Development Agreement b... Page 434 of 527
THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7
EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH 2 ACRES OF SAID EAST HALF; THENCE WEST 130.00 FEET ON THE NORTH LINE OF SAID SOUTH 2.00 ACRES
TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN DEED TO THE CITY OF INDIO RECORDED FEBRUARY 1, 1962 AS INSTRUMENT NO. 10152 OF OFFICIAL RECORDS;
THENCE NORTH 00° 14' 30" EAST, 15.00 FEET ON THE EAST LINE OF LAST SAID LAND TO THE NORTHEAST CORNER THEREOF;
THENCE SOUTH 89° 28' 12" WEST, 36.40 FEET ON THE NORTHERLY LINE OF LAST
SAID LAND TO THE BEGINNING OF A CURVE THEREIN, CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 20.00 FEET;
THENCE NORTHWESTERLY 17.62 FEET ON SAID CURVE AND SAID NORTHERLY LINE THROUGH A CENTRAL ANGLE OF 50° 27' 18" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 35.00 FEET; THENCE WESTERLY 54.14 FEET ON LAST SAID CURVE AND SAID NORTHERLY LINE THROUGH A CENTRAL ANGLE OF 88° 38' 00" TO THE TRUE POINT OF
BEGINNING, A RADIAL TO SAID
POINT BEARS NORTH 43° 42' 30" WEST;
THENCE NORTH 55° 42' 40" WEST TO THE WEST LINE OF SAID EAST HALF;
THENCE NORTH ON SAID WEST LINE TO THE SOUTHWEST CORNER OF THE NORTH 2.00 ACRES OF SAID EAST HALF;
THENCE EAST 100.00 FEET ON THE SOUTH LINE OF SAID NORTH 2.00 ACRES; THENCE SOUTH 75.00 FEET, PARALLEL WITH THE EAST LINE OF SAID EAST HALF; THENCE EAST, PARALLEL WITH THE SOUTH LINE OF SAID NORTH 2.00 ACRES TO
THE NORTHEAST CORNER OF THE LAND CONVEYED TO JAMES HAMPTON AND QUILLAR HAMPTON BY DEED RECORDED FEBRUARY 8, 1962 AS INSTRUMENT NO. 12456 OF OFFICIAL RECORDS; THENCE SOUTH 20° 33' 30" EAST, 25.26 FEET ON THE
EASTERLY LINE OF LAST SAID LAND TO THE MOST EASTERLY CORNER THEREOF
AND THE NORTHERLY LINE OF SAID LAND
DESCRIBED IN DEED TO THE CITY OF INDIO, SAID NORTHERLY LINE BEING A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 35.00 FEET;
AGENDA ITEM #9.16
Second Reading of Ordinance No. 1783 approving a Development Agreement b... Page 435 of 527
THENCE SOUTHWESTERLY ON SAID CURVE AND SAID NORTHERLY LINE TO THE TRUE POINT OF BEGINNING.
PARCEL 46: (APN: 614-101-027)
THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7
EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID EAST HALF, 267.25 FEET NORTHERLY FROM THE SOUTHEAST CORNER;
THENCE SOUTH 89° 28' 12" WEST ALONG THE CENTER LINE OF VIOLA COURT, 130.00 FEET; THENCE NORTHERLY PARALLEL TO THE EASTERLY LINE OF SAID EAST HALF, 15.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 89° 28' 12" WEST, 36.40 FEET;
THENCE WESTERLY ALONG A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 20.00 FEET, A DISTANCE OF 17.62 FEET;
THENCE CONTINUING WESTERLY ALONG A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 35.00 FEET, A DISTANCE OF 28.61 FEET; THENCE NORTH 23° 33' 30" WEST, 25.26 FEET;
THENCE EASTERLY 85.83 FEET; THENCE SOUTHERLY PARALLEL TO THE EASTERLY LINE OF SAID EAST HALF, 43.46 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 47: (APN: 614-101-028)
THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH 2.00 ACRES OF SAID EAST HALF; THENCE WEST 130.00 FEET ON THE NORTH LINE OF SAID SOUTH 2.00
ACRES TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN DEED TO THE
AGENDA ITEM #9.16
Second Reading of Ordinance No. 1783 approving a Development Agreement b... Page 436 of 527 CITY OF INDIO RECORDED FEBRUARY 1, 1962 AS INSTRUMENT NO. 10152 OF OFFICIAL RECORDS;
THENCE NORTH 00° 14' 30" EAST, 15.00 FEET ON THE EAST LINE OF LAST SAID LAND TO THE NORTHEAST CORNER THEREOF;
THENCE SOUTH 89° 28' 12" WEST, 36.40 FEET ON THE NORTHERLY LINE OF LAST
SAID LAND TO THE BEGINNING OF A CURVE THEREIN CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 20.00 FEET;
THENCE NORTHWESTERLY 17.62 FEET ON SAID CURVE AND SAID NORTHERLY LINE THROUGH A CENTRAL ANGLE OF 50° 27' 18" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 35.00 FEET; THENCE WESTERLY 54.14 FEET ON LAST SAID CURVE AND SAID NORTHERLY LINE THROUGH A CENTRAL ANGLE OF 88° 38' 00" TO THE TRUE POINT OF BEGINNING, A RADIAL TO SAID POINT BEARS NORTH 43° 42' 30" WEST; THENCE NORTH 55° 42' 40" WEST TO LINE WEST LINE OF SAID EAST HALF;
THENCE SOUTH ON SAID WEST LINE TO THE NORTHWEST CORNER OF THE SOUTH 2.00 ACRES OF SAID EAST HALF;
THENCE EAST ON THE NORTH LINE OF SAID SOUTH 2 ACRES TO THE MOST WESTERLY CORNER OP SAID LAND DESCRIBED IN DEED TO THE CITY OF INDIO;
THENCE NORTHEASTERLY ON THE NORTHERLY LINE OF LAST SAID LAND TO THE TRUE POINT OF BEGINNING.
PARCEL 48: (APN: 614-101-029)
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION;
THENCE NORTH 89° 27' 00" EAST, 996.10 FEET ON THE SOUTH LINE THEREOF TO
THE SOUTHWEST CORNER OF THE EAST ONE-HALF OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER, OF THE NORTHWEST QUARTER OF SAID SECTION;
AGENDA ITEM #9.16
Second Reading of Ordinance No. 1783 approving a Development Agreement b... Page 437 of 527 THENCE NORTH 00° 13' 37" EAST, 162.42 FEET ON THE WEST LINE OF SAID EAST ONE-HALF TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 00° 13' 37" EAST, 104.94 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 1 ACRE OF THE SOUTH 3 ACRES OF THE EAST ONE-
HALF OF SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION;
THENCE NORTH 89° 28' 12" EAST, 88.39 FEET ALONG SAID SOUTH LINE TO THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 35.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 89° 28' 12" WEST;
THENCE SOUTH AND SOUTHEASTERLY, 33.25 FEET ON SAID CURVE THROUGH A CENTRAL ANGLE OF 54° 26' 18";
THENCE SOUTH 53° 17' 35" WEST, 129.06 FEET TO THE TRUE POINT OF BEGINNING.
SAID LAND IS SHOWN AS PARCEL 1 ON A MAP FILED IN BOOK 47, PAGE 32 OF
RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 49: (APN: 614-101-030)
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTH 2.00 ACRES OF THE
EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF;
EXCEPTING THEREFROM BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF SAID SOUTH 2.00 ACRES; THENCE WESTERLY ON THE NORTHERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTH 2.00 ACRES
77.43 FEET; THENCE SOUTHEASTERLY ON A CURVE CONCAVE TO THE NORTHEAST WHOSE RADIUS IS 35.00 FEET AND WHOSE CENTRAL ANGLE IS 140° 29' 00" AND AN ARC LENGTH OF 85.75 FEET; THENCE NORTHEASTERLY ON A TANGENT CURVE CONCAVE TO THE SOUTHEAST WHOSE RADIUS IS 20.00 FEET AND WHOSE CENTRAL ANGLE IS 50° 29' 00" AND AN ARC LENGTH OF 17.68 FEET; THENCE NORTHERLY ON A NON-TANGENT LINE A DISTANCE OF 15.00 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPTING THEREFROM THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHERLY 2.00 ACRES OF THE EAST ONE-HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF;
AGENDA ITEM #9.16
Second Reading of Ordinance No. 1783 approving a Development Agreement b... Page 438 of 527 SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST; THENCE SOUTH 00° 11' 00" WEST ALONG THE WEST LINE
OF SAID SECTION
1,338.63 FEET TO THE CENTER LINE OF DATE STREET; THENCE NORTH 89° 27' 00" EAST ALONG THE CENTER LINE OF DATE STREET, 1,328.07 FEET TO THE CENTER LINE OF MARIGOLD LANE; THENCE NORTH 00° 14' 30" EAST ALONG THE CENTER
LINE OF MARIGOLD
LANE, 267.25 FEET; THENCE SOUTH 89° 28' 12" WEST ALONG THE CENTER LINE OF VIOLA COURT, 243.62 FEET TO THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING, CONTINUING 89° 28' 12" WEST, 88.39 FEET; THENCE SOUTH 00° 13' 37" WEST, 104.94 FEET; THENCE NORTH 53° 17' 35" EAST, 129.06 FEET; THENCE NORTHWESTERLY ALONG A 35.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 54° 26' 18" AN ARC LENGTH OF 33.25 FEET TO THE TRUE POINT OF BEGINNING;
SAID LAND IS SHOWN AS PARCEL 2, AS SHOWN BY MAP ON FILE IN BOOK 47 PAGE 32 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL 50: (APN: 614-101-031)
THE NORTH 75.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTH 2.00 ACRES
OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF. SAID NORTH 75.00 FEET BEING MEASURED ON THE EAST LINE OF SAID EAST HALF.
EXCEPT THE EAST 81.00 FEET.
ALSO EXCEPT THAT PORTION CONVEYED TO THE CITY OF INDIO, BY DEED RECORDED SEPTEMBER 23, 1957 AS INSTRUMENT NO. 68227 OF OFFICIAL RECORDS.
PARCEL 51: (APN: 614-101-032)
THAT PORTION OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
AGENDA ITEM #9.16
Second Reading of Ordinance No. 1783 approving a Development Agreement b... Page 439 of 527 BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH 2 ACRES OF THE EAST
HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA; THENCE WEST ALONG THE NORTH LINE OF SAID SOUTH 2 ACRES
81.00 FEET; THENCE SOUTH PARALLEL WITH SAID EAST LINE 75.00 FEET; THENCE EAST PARALLEL WITH SAID NORTH LINE 81.00 FEET TO A POINT IN SAID EAST LINE; THENCE NORTH ALONG SAID EAST LINE, 75.00 FEET TO THE POINT OF BEGINNING.
PARCEL 52: (APN: 614-101-033)
THE EAST 81.00 FEET OF THE NORTHEAST QUARTER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7
EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPT THE NORTH 75.00 FEET, MEASURED ON THE EAST LINE OF SAID EAST HALF.
PARCEL 53: (APN: 614-101-034)
THE NORTHEAST QUARTER OF THE SOUTH 2.00 ACRES OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPT THE NORTH 75.00 FEET, MEASURED ON THE EAST LINE OF SAID EAST HALF. ALSO EXCEPT THE EAST 81.00 FEET.
PARCEL 54A: (APN: PORTION 614-101-035)
THAT PORTION OF THE SOUTH 1.00 ACRE OF THE EAST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND
MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
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BEGINNING AT THE SOUTHWEST CORNER OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE NORTH 00° 46' 40" EAST 100.00 FEET; THENCE EAST 50.00 FEET;
THENCE SOUTH 00° 46' 40" WEST, 100.00 FEET;
THENCE WEST 50.00 FEET TO THE POINT OF BEGINNING.
PARCEL 54B: (APN: PORTION 614-101-035)
THAT PORTION OF THE SOUTH 1.00 ACRE OF THE EAST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND
MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE SOUTH 89° 27' 00" WEST, 331.95 FEET;
THENCE NORTH 00° 13' 37" EAST, 100.00 FEET TO THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED PARCEL;
THENCE CONTINUING NORTH 00° 13' 37" EAST, 31.24 FEET;
PARCEL 55: (APN: 614-101-036)
THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN,
ACCORDING TO THE OFFICIAL PLAT THEREOF, PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID EAST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE EAST ALONG THE SOUTH LINE THEREOF,
50.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 100.00 FEET; THENCE EAST, 50.00 FEET;
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Second Reading of Ordinance No. 1783 approving a Development Agreement b... Page 441 of 527 THENCE SOUTH, 100.00 FEET TO THE SOUTH LINE OF SAID EAST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION
26; THENCE WEST, 50.00 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 56: (APN: 614-101-037)
THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID EAST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE EAST ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 100 FEET, TO THE TRUE POINT BEGINNING; THENCE NORTH 100 FEET; THENCE WEST 100 FEET, TO THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH ON SAID WEST LINE, 33.68 FEET, MORE OR LESS,
TO THE SOUTHWEST CORNER OF THE LAND CONVEYED TO BILL WOOD BY DEED FILED FOR RECORD AUGUST 8, 1938 AS INSTRUMENT NO. 4346 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE EAST ON THE SOUTH
LINE OF THE PARCEL CONVEYED TO BILL WOOD ON THE EASTERLY EXTENSION THEREOF, 236.98 FEET, TO A POINT 95 FEET WEST OF THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE
SOUTH PARALLEL WITH THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 133.62 FEET, TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE WEST ON SAID SOUTH LINE, 136.95 FEET, TO THE TRUE POINT OF BEGINNING;
EXPECTING THEREFROM THE SOUTH 25 FEET THEREOF AS CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED FEBRUARY 5, 1947 IN BOOK 818 PAGE 227 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO EXPECTING THEREFROM THAT PORTION AS CONVEYED TO JAMES B.
HAMPTON AND QUILLAR K. HAMPTON, HUSBAND AND WIFE AS JOINT TENANTS, DESCRIBED AS FOLLOWS:
A PORTION OF THE SOUTH 1 ACRE OF THE EAST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
AGENDA ITEM #9.16
Second Reading of Ordinance No. 1783 approving a Development Agreement b... Page 442 of 527 SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN; THENCE SOUTH 89° 27' WEST 331.95FEET; THENCE NORTH 00° 13' 37' EAST 100 FEET TO THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUING NORTH 00° 13' 37" EAST, 31.24 FEET; THENCE SOUTH 89° 27' WEST,
50.00 FEET, MORE OR LESS TO THE POINT OF BEGINNING.
PARCEL 57A: (APN: PORTION 614-101-038)
THE EAST 91.00 FEET OF THE SOUTH 2.00 ACRES OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPT THAT PORTION IN THE NORTHEAST QUARTER OF SAID EAST HALF. ALSO EXCEPT THE EAST 75.00 FEET.
PARCEL 57B: (APN: PORTION 614-101-038)
THE WEST 4.00 FEET OF THE EAST 95.00 FEET OF THE SOUTH 2.00 ACRES OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPT THAT PORTION IN THE NORTHEAST QUARTER OF SAID EAST HALF.
PARCEL 58: (APN: 614-101-039)
THE EAST 75.00 FEET OF THE SOUTH 2.00 ACRES OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPT THAT PORTION IN THE NORTHEAST QUARTER OF SAID EAST HALF.
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SITE PLAN
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EXHIBIT B
PROJECT DESCRIPTION
HCL Indio Land Development LLC (the “Developer”) has proposed to acquire 15.35 acres of the City’s 19.04 acres for private development. This area will be comprised of new Parcels 1-5. The remaining 3.69 acres (Parcel 6) will be developed with a public park and public parking to be owned and operated by the City. Prior to the purchase and transfer of the parcels to Developer, a development agreement must be approved by the Indio City Council in accordance with California Government Code Title 17, Division 1, Chapter 4, Article 2.5, Development Agreements, Sections 65864-65869.5.
The Development Agreement is intended to address required on-site and off-site improvements that are further described below.
Overview of Developer’s Development Vision for Parcels 1-5:
Developer proposes to develop Parcels 1 and 2 comprised of approximately 8.36 acres for multi-family residential land uses. Developer proposes to develop Parcel 3 comprised of approximately 4.23 acres as hospitality and retail land uses. Developer proposes to develop Parcels 4 and 5 that are approximately 1.38 acres and 1.39 acres, respectively, in size as surface parking lots for the benefit of Parcels 1-3 and the surrounding community. Developer’s proposed development of Parcels 1-5 will be required through entitlement processing to demonstrate compliance to the land use allowances and design and development standards of the Highway 111 Corridor Specific Plan.
Developer proposes that the design of the vehicular circulation through and around the site will incorporate all of the parcels and their respective developments as a cohesive master planned project. Each individual parcel is proposed to have its own personal design to allow for individual identity while maintaining certain architectural elements to link Parcels 1 through 5 architecturally. The roadway design, parking areas, pedestrian paths and landscaping will provide the design and circulation link between the parcels.
Developer is proposing that the on-site improvements have high architectural quality, be well landscaped, and be efficiently and aesthetically designed. The shape, scale, exterior design and exterior finishes of future buildings shall be coordinated throughout the development of each parcel and shall conform to the Highway 111 Corridor Specific Plan. Developer proposes that the location and scale of future development shall take into consideration the adjacent property uses, guiding the placement and proximity of the improvements to the surrounding streets, developments, adjacent neighborhoods as well in accordance with relevant regulatory provisions of the Highway 111 Corridor Specific Plan.
The Project shall include the following:
To ensure that the development of the 19.04 acres meets the visions and policies of the City of Indio General Plan 2040 and is consistent with the Highway 111 Corridor Specific Plan, this Agreement shall include the following:
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1. Parcel 1 (2.79 acres) may be combined with the adjacent 1.39 acre Parcel acquired from the owner, Indio Grand Marketplace LLC through a lot merger approved by the City of Indio to create a 4.18 acre Phase 1 residential development area.
2. Approximately 125 residential apartments shall be constructed on the combined
4.18 acre site and shall be constructed with three or four stories pursuant to the regulatory provisions of the Highway 111 Corridor Specific Plan and other local, state or federal regulations.
3. Parking for the residential apartments shall be fully contained within the boundaries of the 4.18 acres site, shall be a combination of covered and uncovered parking and shall be designed in accordance with the regulatory provisions of the Highway 111 Corridor Specific Plan and other local, state or federal regulations.
4. The residential apartments may be rented at market rate prices.
5. The residential apartments shall exhibit high architectural quality pursuant to the regulatory provisions of the Highway 111 Corridor Specific Plan and other local, state or federal regulations and shall have interior amenities to respond to consumer demands.
6. The residential apartments shall be supported with on-site amenities for the residents.
7. Parcel 2 comprised of approximately 5.57 acres shall be developed with approximately 170 residential units and shall be constructed with three or four stories pursuant to the regulatory provisions of the Highway 111 Corridor Specific Plan and other local, state or federal regulations .
8. Parking for the Parcel 2 residential apartments shall be fully contained within the boundaries of the 5.57 acres site, shall be a combination of covered and uncovered parking and shall be designed in accordance with the regulatory provisions of the Highway 111 Corridor Specific Plan and other local, state or federal regulations.
9. The parcel 2 residential apartments may be rented at market rate prices.
10.The Parcel 2 residential apartments shall exhibit high architectural quality pursuant to the regulatory provisions of the Highway 111 Corridor Specific Plan and other local, state or federal regulations and shall have interior amenities to respond to consumer demands.
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11.The Parcel 2 residential apartments shall be supported with on-site for the residents.
12.Parcel 3 comprised of 4.23 acres shall be to be developed with a hotel and multiple restaurant or retail pads. The hotel shall be a mid-to-higher level rated hotel product with a minimum of 120 rooms. The hotel and restaurant or retail use shall be developed pursuant to the regulatory provisions of the Highway 111 Corridor Specific Plan and other applicable local or state or federal regulations.
13.Parcels 4 and 5 comprised of 1.38 acre and 1.39 acres, respectively, in size shall be comprised of surface parking spaces to provide overflow parking for Parcels 1-
3. The surface parking spaces shall be developed pursuant to the regulatory provisions of the Highway 111 Corridor Specific Plan and other applicable local or state or federal regulations.
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EXHIBIT C
DESCRIPTION OF OFF-SITE PUBLIC IMPROVEMENTS
1. On Monroe Street, Developer, pursuant to applicable City of Indio engineering standards and City approved engineering plans, shall remove and replace existing concrete sidewalk and street lights; install a traffic signal and construct a site access driveway.
2. On John Nobles Avenue, Developer, pursuant to applicable City of Indio engineering standards and City approved engineering plans, shall remove and replace existing concrete sidewalk, street lights, driveways and curb and gutter; and existing utility poles; and adjust existing water valves and sewer manholes as necessary.
3. On Rubidoux Street, Developer, pursuant to applicable City of Indio engineering standards and City approved engineering plans, shall remove and replace existing concrete sidewalk, cross-gutter, driveways, curb ramp, and curb and gutter and install new street lights.
4. Developer shall carry out the design and construction of required public improvements in conformity with all applicable laws, including all applicable state labor standards, the City’s engineering standards, the City zoning and development standards, building, plumbing, mechanical and electrical codes, and all other provisions of the City Municipal Code, and all applicable disabled and handicapped access requirements, including without limitation (to the extent applicable) the Prevailing Wage Laws (Labor Code Sections 1720 et seq.), Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq. Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq.
5. Developer, pursuant to applicable City of Indio engineering standards and City approved engineering plans, shall construct public park improvements on Parcel 6 to be owned by the City comprised of hardscape, landscape, surface parking areas, signage and other related park improvements.
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EXHIBIT D
LEGAL DESCRIPTION OF PUBLIC PARK SITE
(Legal description and parcel map currently being prepared and will be inserted in to the final document)
AGENDA ITEM #9.16
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1783
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF INDIO AND HCL INDIO LAND DEVELOPMENT, LLC FOR THE DEVELOPMENT OF APPROXIMATELY 19.04 ACRES OF CITY-OWNED
PROPERTY LOCATED SOUTH OF THE INDIO GRAND MARKETPLACE
(FORMERLY KNOWN AS THE INDIO FASHION MALL) AND GENERALLY
LOCATED WEST OF MONROE STREET, EAST OF RUBIDOUX STREET, AND
NORTH OF JOHN NOBLES AVENUE AND FINDING SAID ADOPTION IS
EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE PROVISIONS OF SECTION 15004 OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) GUIDELINES
WHEREAS, the City of Indio is the owner of certain real properties bounded by Rubidoux Street on the east, Monroe Street on the west, John Nobles Avenue on the south and the existing Indio Marketplace development on the north further identified as:
Parcel 1: (APN: 614-100-001), Parcel 2: (APN: 614-100-002), Parcel 3: (APN: 614-100- 003), Parcel 4: (APN: 614-100-004), Parcel 5A: (APN: PORTION 614-100-005), Parcel 5B: (APN: PORTION 614-100-005), Parcel 6: (APN: 614-100-006), Parcel 7: (APN: 614- 100-007), Parcel 8: (APN: 614-100-008), Parcel 9: (APN: 614-100-009), Parcel 10:
(APN: 614-100-010), Parcel 11: (APN: 614-100-011), Parcel 12: (APN: 614-100-012), Parcel 13: (APN: 614-100-013), Parcel 14: (APN: 614-100-021), Parcel 15: (APN: 614- 100-022), Parcel 16: (APN: 614-100-023), Parcel 17: (APN: 614-100-024), Parcel 18:
(APN: 614-100-018), Parcel 19: (APN: 614-100-019), Parcel 20: (APN: 614-100-020), Parcel 21: (APN: 614-101-001), Parcel 22: (APN: 614-101-002), Parcel 23: (APN: 614- 101-003), Parcel 24: (APN: 614-101-004), Parcel 25: (APN: 614-101-005), Parcel 26:
(APN: 614-101-006), Parcel 27: (APN: 614-101-007), Parcel 28: (APN: 614-101-008), Parcel 29: (APN: 614-101-009), Parcel 30: (APN: 614-101-010), Parcel 31: (APN: 614- 101-011), Parcel 32: (APN: 614-101-012), Parcel 33: (APN: 614-101-013), Parcel 34:
(APN: 614-101-014), Parcel 35: (APN: 614-101-016), Parcel 36: (APN: 614-101-017), Parcel 37: (APN: 614-101-018), Parcel 38: (APN: 614-101-019), Parcel 39: (APN: 614- 101-020), Parcel 40: (APN: 614-101-021), Parcel 41: (APN: 614-101-022), Parcel 42:
(APN: 614-101-023), Parcel 43: (APN: 614-101-024), Parcel 44: (APN: 614-101-025), Parcel 45: (APN: 614-101-026), Parcel 46: (APN: 614-101-027), Parcel 47: (APN: 614- 101-028), Parcel 48: (APN: 614-101-029), Parcel 49: (APN: 614-101-030), Parcel L 50:
(APN: 614-101-031), Parcel 51: (APN: 614-101-032), Parcel 52: (APN: 614-101-033), Parcel 53: (APN: 614-101-034), Parcel 54A: (APN: PORTION 614-101-035), Parcel 54B: (APN: PORTION 614-101-035), Parcel 55: (APN: 614-101-036), Parcel 56: (APN:
614-101-037), Parcel 57A: (APN: PORTION 614-101-038), Parcel 57B: (APN:
PORTION 614-101-038) and Parcel 58: (APN: 614-101-039); and, WHEREAS, on July 20, 2022, the City of Indio City Council approved a Disposition and Development Agreement with HCL Indio Land Development, LLC for
AGENDA ITEM #9.16
Second Reading of Ordinance No. 1783 approving a Development Agreement b... Page 451 of 527 2 15.35 acres of land for future private development inclusive of portions of the aforementioned parcels of land; and,
WHEREAS, the City now seeks to enter into a Development Agreement with HCL Indio Development, LLC that will set forth certain developer obligations as conditions of future project approval inclusive of the design and construction of a park and community gathering space on Parcel 6 and the design and construction of off-site improvements on Monroe Street, John Nobles, and Rubidoux Street; and, WHEREAS, California Government Code Section 65865 (a) specifies that any city, county, or city and county, may enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property as provided in this article; and,
WHEREAS, California Government Code Section 65865.1 specifies that procedures established pursuant to Section 65865 shall include provisions requiring periodic review at least every 12 months, at which time the applicant, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the agreement. If, as a result of such periodic review, the local agency finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with terms or conditions of the agreement, the local agency may terminate or modify the agreement; and,
WHEREAS, California Government Code Section 65865.2 specifies that a development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time and that the agreement may also include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time; and,
WHEREAS, California Government Code Section 65865.4 specifies that unless amended or canceled pursuant to Section 65868, or modified or suspended pursuant to Section 65869.5, and except as otherwise provided in subdivision (b) of Section 65865.3, a development agreement shall be enforceable by any party thereto notwithstanding any change in any applicable general or specific plan, zoning, subdivision, or building regulation adopted by the city, county, or city and county entering the agreement, which alters or amends the rules, regulations, or policies specified in Section 65866; and,
AGENDA ITEM #9.16
Second Reading of Ordinance No. 1783 approving a Development Agreement b... Page 452 of 527 3 WHEREAS, California Government Code Section 65866 specifies that unless otherwise provided by the development agreement, rules, regulations, and official policies governing permitted uses of the land, governing density, and governing design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, shall be those rules, regulations, and official policies in force at the time of execution of the agreement. A development agreement shall not prevent a city, county, or city and county, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth herein, nor shall a development agreement prevent a city, county, or city and county from denying or conditionally approving any subsequent development project application on the basis of these existing or new rules, regulations, and policies; and, WHEREAS, California Government Code Section 65867 specifies that a public hearing on an application for a development agreement shall be held by the planning agency and by the legislative body and Notice of intention to consider adoption of a development agreement shall be given as provided in Sections 65090 and 65091 in addition to any other notice required by law for other actions to be considered concurrently with the development agreement; and,
WHEREAS, California Government Code Section 65867.5 (a) specifies that a development agreement is a legislative act that shall be approved by ordinance and is subject to referendum; and,
WHEREAS, California Government Code Section 65867.5 (b) specifies that a development agreement shall not be approved unless the legislative body finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan; and,
WHEREAS, pursuant to Section 15004 of the California Environmental Quality Act (“CEQA”) Guidelines, a public agency may enter into a preliminary agreement regarding a project regarding a project prior to its approval (s), provided that such agreement shall not commit an agency to the project; and, WHEREAS, California State law requires that each city adopt a general plan to describe its long-term goals and its policies and programs to achieve those goals.
Accordingly, the general plan is a long-range, comprehensive document that serves as a guide for the orderly development of the City of Indio and, WHEREAS, pursuant to the requirements of the State of California Government Code Section 65300 et. seq., the City of Indio previously prepared a comprehensive update of its General Plan that contains certain elements, describes its long-term goals, and,
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code § 21000 et seq.), the City as the lead agency determined that an
AGENDA ITEM #9.16
Second Reading of Ordinance No. 1783 approving a Development Agreement b... Page 453 of 527 4 environmental impact report should be prepared to analyze all potential adverse environmental impacts of the Indio 2040 General Plan and the City of Indio Climate Action Plan and further determined that a program environmental impact report was appropriate for the Project; and,
WHEREAS, On August 12, 2015, a Notice of Preparation ("NOP") was distributed to the State Office of Planning and Research and responsible agencies for review. In addition, a public scoping meeting was held on August 20, 2015 to provide information on the Project and to receive comments on issues to be addressed in the Environmental Impact Report. The City received written comments in response to the NOP, which assisted the City in the scope and analysis for the environmental impact report; and,
WHEREAS, pursuant to California Environmental Quality Act Guidelines Section 15168, a Draft Program Environmental Impact Report (the "Draft EIR") was prepared for the Project. In accordance with the California Environmental Quality Act ("CEQA") (Cal. Pub. Res. Code §21000 et seq.) and the State Guidelines (the "Guidelines") (14 Cal. Code Regs. §15000 et seq.) promulgated with respect thereto, the City analyzed the Project's potential impacts on the environment; and,
WHEREAS, consistent with Guidelines Section 15105 the City circulated the Draft EIR (including appendices) for the Project to the public and other interested parties for a 45 day public comment period, from March 15, 2019 to April 29, 2019 by filing a Notice of Availability with the State Office of Planning and Research, publishing a notice in the Desert Sun, a newspaper of general circulation, and releasing the Draft EIR (SCH #2015081021) for public review and comment online at www.indio2040.org ; and,
WHEREAS, following the close of the public comment period and after review of the comments received on the Draft EIR, the City prepared written responses to all comments received on the Draft EIR and those responses to comments are incorporated into the Final Environmental Impact Report ("Final EIR"). The responses to public agency comments were delivered to each public agency commenter on or before July 3, 2019, which is more than 10 days prior to any certification of the Final EIR; and,
WHEREAS, the Final EIR was comprised of the Draft EIR dated March 2019, and all appendices thereto; the Comments and Responses to Comments on the DEIR, addenda and errata to the DEIR which are contained in a separate volume, and the Mitigation Monitoring and Reporting Program for the Project, all of which are on file with the City Clerk; and,
WHEREAS, on June 26, 2019, the Planning Commission conducted a duly noticed public hearing to consider the Project and the Final EIR, reviewed the
AGENDA ITEM #9.16
Second Reading of Ordinance No. 1783 approving a Development Agreement b... Page 454 of 527 5 staff report, accepted and considered public testimony; and, WHEREAS, after due consideration, the Planning Commission found that agencies and interested members of the public were afforded ample notice and opportunity to comment on the FIER and approved Resolution No. 1901 recommending that the City Council certify the Final EIR, adopt findings of fact pursuant to the California Environmental Quality Act, adopt a mitigation monitoring and reporting program, and adopt a statement of overriding considerations for the Project; and,
WHEREAS , on July 17, 2019, the City Council conducted a duly noticed public hearing to consider the Project and the Final EIR, reviewed the staff report, accepted and considered public testimony and continued the public hearing to a date certain date of August 21, 2019 and subsequently continued the public hearing to a date certain of September 18, 2019; and, WHEREAS, on September 18, 2019, based upon the evidence presented at the hearing, including the staff report and oral testimony, the City Council certified the Final Environmental Impact Report via Resolution Action; and, WHEREAS, the City Council also adopted the current General Plan 2040 on September 18, 2019; and,
WHEREAS, following the adoption of the General Plan and the certification of the Program Final Environmental Impact Report, the City of Indio applied for and received a $310,000 SB 2 Planning Grant from the California Department of Housing and Community Development; and,
WHEREAS, on March 16, 2020, the City of Indio executed an agreement with the California State Department of Housing and Community Development a grant agreement for the development of a Specific Plan for the Highway 111 Corridor inclusive of the properties described herein. This Specific Plan upon adoption by the City of Indio City Council shall govern land use and development standards for all affected properties. As part of the Specific Plan development, supplemental environmental analysis was conducted; and,
WHEREAS, pursuant to California Government Code Section 65454, no specific plan may be adopted or amended unless the proposed plan or amendment is consistent with the general plan and as such any future private party development actions contemplated under this Development Agreement must be consistent with the adopted Specific Plan that in turn must be consistent with the City’s adopted General Plan; and, WHEREAS, on August 24, 2022, the Planning Commission approved Resolution No. 2034 recommending to the City Council the adoption of the Highway 111 Corridor Specific Plan and the repeal of the Central Highway 111 Corridor Specific Plan and the Mixed Use Specific Plan-300 (MUSP-300); and,
AGENDA ITEM #9.16
Second Reading of Ordinance No. 1783 approving a Development Agreement b... Page 455 of 527 6 WHEREAS, on August 24, 2022, the Planning Commission approved Resolution No. 2033 recommending to the City Council that it make a Finding of Consistency for with the Program Final Environmental Impact Report (FEIR) for the General Plan 2040 certified by the City Council on September 18, 2019 for the Highway 111 Corridor Specific Plan; and,
WHEREAS, the City adopted the Mixed Use Specific Plan-300 (MUSP-300) on December 16, 1996 regulating land use and development along both sides of the Highway 111 Corridor from Jefferson Street to Clinton Street; and, WHEREAS, the City adopted the Central Highway 111 Corridor Specific Plan on March 15, 2006 regulating land use and development south of Highway 111, north of John Nobles Avenue, west of Arabia Street and east of Highway 111; and, WHEREAS, beginning in October 2020 and continuing to the present, the City has conducted comprehensive planning efforts for the development of new Specific Plan along Highway 111 from Jefferson Street to Indio Boulevard extending approximately one quarter of a mile on either side of the public right-of- way boundaries of Highway 111; and,
WHEREAS, the Highway 111 Corridor Specific Plan is intended to implement the vision of the General Plan 2040 pertaining to land use patterns, intensities, densities, building and site design and public right-of-way improvements; and, WHEREAS, the adoption of the Highway 111 Corridor Specific Plan will repeal and replace the aforementioned Mixed Use Specific Plan-300 (MUSP-300) and the Central Highway 111 Corridor Specific Plan; and,
WHEREAS, the aforementioned Development Agreement is contingent upon the final adoption and implementation of the Highway 111 Corridor Specific Plan thus necessitating the Planning Commission’s review and recommendation to the City Council; and,
WHEREAS, on August 12, 2022, the City mailed notices of public hearing to all property owners within 300 feet on all sides of the certain real properties affected by the Development Agreement and published a legal notice of public hearing in the Desert Sun, the newspaper of record; and,
WHEREAS, on August 24, 2022, the Planning Commission held a duly noticed public hearing to consider the Development Agreement and the facts surrounding said Agreement during which evidence, both written and oral, including the staff report and supporting documents was presented at said hearing. At the conclusion of the public hearing, the Planning Commission adopted a resolution recommending to the City Council that it approve the Development Agreement between the City of Indio and the HCL Indio Land Development, LLC; and
AGENDA ITEM #9.16
Second Reading of Ordinance No. 1783 approving a Development Agreement b... Page 456 of 527 7 WHEREAS, on September 21, 2022, the City Council conducted a duly noticed public hearing, at which time, all interested persons were invited to provide testimony and evidence, both in support and in opposition to the proposed Development Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The City Council hereby specifically finds that all of the facts set forth in the recitals of this Ordinance are true and correct, are incorporated into this Ordinance by reference and constitute a material part of this Ordinance.
Section 2. Based upon the evidence presented at the hearing, including the staff report, the City Council hereby finds the aforementioned Development Agreement attached hereto as Exhibit “A” to be consistent with California Government Code Section 65864, et seq., the City of Indio General Plan 2040, and the Highway 111 Corridor Specific Plan based on the following:
1. Pursuant to California Government Code Section 65454, no specific plan may be adopted or amended unless the proposed plan or amendment is consistent with the general plan. The Highway 111 Corridor Specific Plan has been developed to implement the vision, goals and policies of the City of Indio General Plan 2040 adopted by the Indio City Council on September 18, 2019.
2. Pursuant to California Government Code Section 65867, a public hearing on the Development Agreement was held on August 24, 2022 by the City of Indio Planning Commission which recommended approval to the City Council of the Development Agreement.
3. Pursuant to California Government Code Section 65867, notice of the August 24, 2022 Planning Commission public hearing regarding the Development Agreement was conducted in accordance with California Government Code Sections 65090 and 65091 through mailed notices to surrounding property owners of record and publication of a public hearing notice in the newspaper of record. The noticing of the City Council’s public hearing and adoption consideration will be conducted in accordance with California Government Code Sections 65090 and 65091.
4. Pursuant to California Government Code Section 65867.5 (a), the Development Agreement is being processed as a legislative matter and will be considered for potential adoption by the City Council as an ordinance action.
AGENDA ITEM #9.16
Second Reading of Ordinance No. 1783 approving a Development Agreement b... Page 457 of 527 8 5. Pursuant to California Government Code Section 65867.5 (b),a development agreement shall not be approved unless the legislative body finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan. The Planning Commission recommended via its approval of Resolution No. 2034 on August 24, 2022, the adoption of the Highway 111 Corridor Specific Plan and the repeal of the Central Highway 111 Corridor Specific Plan and the Mixed-Use Specific Plan-300. Highway 111 Corridor Specific Plan has been developed to implement the vision, goals and policies of the City of Indio General Plan 2040 adopted by the Indio City Council on September 18, 2019. Therefore, the approval of the Development Agreement is intended to establish certain developer obligations as conditions of future project approval for certain real properties transferred to HCL Indio Land Development, LLC through City Council action on July 20, 2022. Future development these real properties must be consistent with the Highway 111 Corridor Specific Plan and as such, any development activities now or in the future contemplated by the Agreement must be consistent with the Highway 111 Corridor Specific Plan that must be consistent with the Indio General Plan 2040 per state law.
6. Pursuant to Section 15004 of the California Environmental Quality Act (“CEQA”) Guidelines, the project described herein is found to be consistent with the Final Environmental Impact Report (FEIR) for the City of Indio General Plan 2040. On September 18, 2019, the City of Indio City Council adopted Resolution No. 10106 certifying the Final Environmental Impact Report, adopting California Environmental Quality Act (CEQA) findings, a Mitigation Monitoring and Reporting Program and a Statement of Overriding Considerations for the City of Indio General Plan 2040.
Further, on September 18, 2019, the City of Indio City Council adopted Resolution No. 10107 adopting the City of Indio General Plan 2040. On March 16, 2020, the City of Indio executed an agreement with the California State Department of Housing and Community Development a grant agreement for the development of a Specific Plan for the Highway 111 Corridor inclusive of the properties described herein. This Specific Plan upon adoption by the City of Indio City Council shall govern land use and development standards for all affected properties. As part of the Specific Plan development, supplemental environmental analysis is being conducted that will result in a Finding of Consistency with the City of Indio General Plan 2040. Pursuant to California 65454, no specific plan may be adopted or amended unless the proposed plan or amendment is consistent with the general plan. Therefore, any future private party development actions contemplated under the project City shall be consistent with the adopted Specific Plan that in turn must be consistent with the City’s adopted General Plan. The Planning Commission, based on the whole record before it, and pursuant to the provisions of Section 15004 of the California Environmental Quality Act (“CEQA”) Guidelines, recommends that the City Council find in its independent judgment and analysis: (i) that there is no substantial evidence that the project will have a significant effect on the environment than that previously analyzed and contemplated in the certified FEIR; (ii) that the agreement specified herein shall be conditioned on compliance with CEQA pursuant to Section 150004.4.A of the CEQA Guidelines; (iii) that the agreement specified herein shall
AGENDA ITEM #9.16
Second Reading of Ordinance No. 1783 approving a Development Agreement b... Page 458 of 527 9 not bind any party or commit to any definite course of action prior to CEQA compliance pursuant to Section 150004.4.B of the CEQA Guidelines; (iv) that the agreement specified herein shall not restrict the lead agency from considering any feasible mitigation measures and alternatives including the no project alternative pursuant to Section 150004.4.C of the CEQA Guidelines; and (v) that the agreement specified herein shall not restrict the lead agency from denying the project pursuant to Section 150004.4.D of the CEQA Guidelines; and (v) that the agreement specified herein shall not restrict the lead agency from denying the project pursuant to Section 150004.4.D of the CEQA Guidelines
Section 3. Consistent with the provisions of California Government Code Section 65865.1 the Development Agreement attached hereto as Exhibit “A” shall be periodically reviewed at least every 12 months, at which time the applicant, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the agreement. If, as a result of such periodic review, the City finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with terms or conditions of the agreement, the City may terminate or modify the agreement;
AGENDA ITEM #9.16
Second Reading of Ordinance No. 1783 approving a Development Agreement b... Page 459 of 527 10 Section 4. The City Council adopts the findings stated herein and approves the Development Agreement attached hereto as Exhibit “A” between the City of Indio and HCL Indio Land Development, LLC and finds that the approval of the Development Agreement is exempt from further environmental review pursuant to the provisions of Section 15004 of the California Environmental Quality Act (CEQA) Guidelines.
Section 5. The City Manager or designee is hereby authorized to make minor non-substantive corrections to scrivener errors that are identified following the City Council’s adoption of this ordinance.
Section 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 7. The City Clerk shall certify to the passage, approval, and adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law and shall record the Development Agreement with the County Recorder of Riverside County within the period required by Government Code Section 65868.5 PASSED, APPROVED AND ADOPTED this 21st day of September, 2022.
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
WAYMOND FERMON, MAYOR
ATTEST:
AGENDA ITEM #9.16
Second Reading of Ordinance No. 1783 approving a Development Agreement b... Page 460 of 527 11 ________________________________
CYNTHIA HERNANDEZ, CMC
CITY CLERK
APPROVED AS TO FORM:
________________________________
STEVEN P. GRAHAM
CITY ATTORNEY
COLE HUBER LLP
AGENDA ITEM #9.16
Second Reading of Ordinance No. 1783 approving a Development Agreement b... Page 461 of 527 City of Indio
City Council
October 5, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Ordinance No. 1784- Adoption of 2022 California Building Standards
RECOMMENDATION:
Waive full reading of the ordinance adopting by reference the 2022 edition of the California Building Standards, introduce the ordinance by title only and request the City Clerk to read the title.
SUMMARY:
The State of California Health and Safety Code mandates local governments adopt the most recent editions of the model codes related to construction.
BACKGROUND INFORMATION:
The State’s Health and Safety Code (Section 17958) mandates that the California Building Standards Commission adopt and publish the California Building Standards Code (Title 24 California Code of Regulations) every three (3) years. The 2022 Edition of the California Code of Regulations Title 24, which incorporates the below -listed mo del codes, automatically becomes effective statewide on January 1, 2023. Any city, however, may amend the building standards if the amendment is necessary because of local climatic, geological or topographical conditions. If the City fails to adopt those local amendments by January 1, 2023, the codes published by the State will become law automatically and the City will lose its ability to enforce its local amendments.
The proposed ordinance amends Title XV of Chapter 151 of the Indio Municipal Code and repeals the prior editions of the Building Standards Code and adopts by reference, with amendments, the following construction codes:
2022 California Building Code
2022 California Administrative Code
2022 California Existing Building Code
2022 California Plumbing Code
2022 California Mechanical Code
2022 California Electrical Code
2022 California Residential Code
2022 California Energy Code
2022 International Property Maintenance Code
2022 California Historical Building Code
2022 California Green Building Standards Code
AGENDA ITEM #10.1
Ordinance No. 1784, adoption of 2022 California Building Standards (Kevi... Page 462 of 527
The benefit of adopting these codes and amendments is to provide building and fire inspectors/official with further clarification of the intent and the applicability of the California Building Code when presented with a variety of construction issues. The Fire Department will be seeking separate adoption of the 2022 California Fire Code.
Staff recommends that changes and modifications be made to the 2022 Edition of the California Building Code and the 2022 Edition of the California Residential Code, which are reasonably necessary due to local conditions in the City of Indio. In addition, there are other modifications that are administrative or procedural in nature and concern themselves with subjects that are not covered by the Codes or are reasonably necessary to safeguard life and property within the City of Indio.
Specifically, certain structural amendments will allow maintaining the same level of seismic and wind resistance for high rise, tilt up and poured in place concrete buildings as the presently adopted codes afford. For low rise residential buildings, the amendments to the residential code are essential in order to maintain the structural integrity of each proposed project as many of the minor residential additions and alterations are allowed to be designed prescriptively without benefiting from the expertise of a registered professional. These amendments have the support of the Structural Engineers Association of Southern California (SEAOSC) and are consistent with Los Angeles Regional Uniform C ode Program (LARUCP), Orange County Code Uniformity Group, as well as the other Coachella Valley local cities.
Amendments related to life -safety contained in the 2022 Edition of the California Building Code and the 2022 Residential Code as recommended by the Community Development Department, are hereby found to be reasonably necessary due to the following local conditions:
1.Riverside County and the City of Indio are located in Seismic Zone four (4). There are earthquake faults that run throughout Riverside County. The San Andreas Fault Zone is a known active fault and runs directly adjacent to the cities northern border. Many large quakes have occurred on this fault including the 2004 Parkfied magnitude 6.0, the 1989 Loma Prieta magnitude 7.1, the 1907 San Francisco magnitude 7.8 quakes, and the most recent 2010 Mexicali magnitude 7.2 which was studied to occurred just south of the San Andreas Fault. A recent University of California Study, by Yuri Fialko, predicts that the San Andreas Fault, specifical ly the Southern segment, is overdue for a large quake of magnitude 7.0 or larger. This study further specifically predicts substantial damage to Palm Springs and the surrounding areas. Further, a 1988 California State Department of Conservation Planning Sc enario states on page 59, “unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe.” In addition, both the Division of the State Architect and Office of Statewide Health Planni ng have deemed seismic conditions so paramount as to increase minimum base shear requirements in state buildings.
2.Traffic and circulation congestion presently existing in the City of Indio often places fire department search and rescue response time to building collapse and fire occurrences at risk. This condition will be exacerbated by any major disaster, including any earthquake, wherein damage to the highway system will occur. This condition makes the need for additional seismic resistance of buildin gs necessary in order to insure adequate protection for the occupants.
Amendments to the 2022 Editions of the California Building Code and the California Residential Code are found reasonably necessary based on geographic conditions cited in Section A-1 and A-2 of this Ordinance and are listed as follows:
101.2Administrative
AGENDA ITEM #10.1
Ordinance No. 1784, adoption of 2022 California Building Standards (Kevi... Page 463 of 527 101.4.4Administrative
105.2Administrative
107.3.1Administrative
108.1Administrative
109.4Administrative
109.5Administrative
111.3Administrative
202A-1, A-2 and administrative
1613.5A-1, A-2 and administrative
1613.5.1A-1, A-2 and administrative
1704A-1, A-2 and administrative
1705A-1, A-2 and administrative
3101.1A-1, A-2 and administrative
3114A-1, A-2 and administrative
Chapter 18A-1, A-2 and administrative
Chapter 35A-1, A-2 and administrative
California Residential Code Chapter & SectionFindings in Section 1
R301.1.3.2A-1, A-2 and administrative
R401.1A-1, A-2 and administrative
R404.2A-1, A-2 and administrative
Section 602A-1, A-2 and administrative
R803.2.4A-1, A-2 and administrative
AMENDMENTS AND ADDITIONS TO BUILDING CODE:
(A) Chapter 1, Section 101.2 Scope, is amended as follows:
101.2. Delete the paragraph entitled “Exception” in its entirety (B) Chapter 1, Section 101.4.4, is amended to read as follows:
101.4.4 Property maintenance. The provision of all of the adopted codes, laws and pertinent regulations shall apply to existing structures and premises.
(C) Chapter 1, Section 105.2 is amended by deleting Items (2) and (4) in their entirety and amending Item (1) under the heading “Building” to read as follows:
1. Non -permanent, one story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet, may be excluded provided the proposed work meets City of Indio Zoning regulations.
(D) Chapter 1, Section 107.3.1 is amended to read as follows:
107.3.1 Approval of construction documents. When the Building Official issues a permit, the construction documents shall be approved in writing, or by stamp, as “Approved”. One set of construction documents so reviewed shall be retained by the Building Off icial. The other set shall be returned to the applicant and shall be kept at the site of work, and shall be open to inspections by the Building Official or duly authorized representatives.
AGENDA ITEM #10.1
Ordinance No. 1784, adoption of 2022 California Building Standards (Kevi... Page 464 of 527
(E) Chapter 1, Section 108.1 is amended to read as follows:
108.1 General. The Building Official is authorized to issue a permit for temporary structures or temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days or as determined by the Building Official. Th e Building Official is authorized to grant extensions for demonstrated cause.
(F) Chapter 1 Section 109.4 and Section 109.5 are amended to read as follows:
109.4 Work commencing before permit issuance. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.
109.5 Related fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee set forth in Section 109.2. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.
(G) Chapter 1, Section 111.3 is amended to read as follows:
The Building Official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provi ded such portion of portions shall be occupied safely.
The Building Official shall set a time period during which the temporary certificate of occupancy is valid. In addition, any temporary certificates of occupancy shall comply with the following:
1.Following the submission of a complete and accurate application for a certificate of occupancy but prior to the issuance of a certificate of occupancy, the Building Official may issue a temporary certificate of occupancy permit for commercial structures and tenant improvements only if:
a.The Building Official determines the real property in question is in substantial compliance with the requirements of this chapter and all other real property related provisions of the 2022 California Building Codes, as amended; and
b.The applicant submits a temporary occupancy permit application form and pays the required fee as approved by the City Council.
c.The applicant provides a written timeline for completion for City review and approval for completion of any outstandin g City building, fire, planning, engineering or business license conditions and requirements or to complete the correction of outstanding identified violations and deficiencies identified by the Building Official, Fire Marshal, Community Development Direct or or Code Enforcement Official; and
d.The outstanding conditions, requirements, violations or deficiencies are not life safety issues that would prohibit the temporary occupancy of a building or structure; and The applicant posts a compliance bond or other acceptable form of security, if determined necessary, in an amount specified and verified by the Building Official or City Engineer or Fire Marshal or some combination thereof necessary to ensure the timely completion of the outstanding conditions, requirements, violations or deficiencies
2.The Building Official’s issuance of a temporary certificate of occupancy permit may include conditions of approval that shall be complied with in order for the permit to remain valid.
3.An applicant's failure to addr ess outstanding conditions, requirements, violations or deficiencies within the time period specified for the approval of the temporary certificate of occupancy or extensions thereof shall constitute a violation of this chapter and the immediate revocation of the authorization of the temporary certificate of occupancy.
AGENDA ITEM #10.1
Ordinance No. 1784, adoption of 2022 California Building Standards (Kevi... Page 465 of 527
4.No temporary certificate of occupancy shall set forth a time period for the completion of all corrections that is greater than thirty (30) calendar days, unless extended by the Building Official. The Building Official, at his or her discretion, may issue time extensions in thirty (30) calendar day increments. Each extension shall only be granted by the Building Official if he or she makes written findings of the necessity for said extension.
5. Any and each extension of a temporary certificate of occupancy shall not be issued until the applicant pays the required fee as approved by the City Council.
6.A temporary certificate of occupancy shall automatically expire thirteen (30) calendar days from the date issuance, unless extended by the Building Official.
If an applicant occupies a space, structure and premises subject to a temporary certificate of occupancy permit authorization following revocation of said authorization, the Building Offi cial shall immediately post the space, structure and premises with a Do Not Occupy order and require the immediate removal of all persons and implement and/or refer the matter for code enforcement action.
Chapter 2, Definitions, is hereby amended to read as follows:
[A] BUILDING OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. The Building Official shall b e the Chief Building Official of the City of Indio as appointed by the City Manager. In the absence of the appointed Chief Building Official, the Community Development Director, as appointed by the City Manager, shall serve as the Building Official.
(H) Chapter 16, Section 1613.5 and 1613.5.1 is hereby added to read as follows:
1613.5 Amendments to ASCE 7. The provisions of Section 1613.5 shall be permitted as an amendment to the relevant provisions of ASCE 7.
1613.5.1 Values for vertical combinations. Modify ASCE 7 Section 12.2.3.1 Exception 3 as follows:
3. Detached one- and two-family dwellings up to two stories in height of light frame construction.
(I) Section 3114 is hereby added to and Section 202, Section 3101.1 and Chapter 35 is amended t o read as follows:
SECTION 202
DEFINITIONS
INTERMODAL SHIPPING CONTAINER. A six -sided steel unit originally constructed as a general cargo container used for the transport of goods and materials.
SECTION 3101
GENERAL
3101.1 Scope. The provisions of this chapter shall govern special building construction including membrane structures, temporary structures, pedestrian walkways and tunnels, automatic vehicular gates, awnings and canopies, marquee s, signs, towers, antennas, relocatable buildings, swimming pool enclosures and safety devices, and solar energy systems, and intermodal shipping containers.
SECTION 3114
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INTERMODAL SHIPPING CONTAINERS
3114.1 General. The provisions of Section 3114 and other applicable sections of this code shall apply to intermodal shipping containers that are repurposed for use as buildings or structures or as a part of buildings or structures.
Exceptions:
1.Stationary storage battery arrays located in intermodal shipping containers complying with Chapter 12 of the California Fire Code.
2.Intermodal shipping containers that are listed as equipment complying with the standard for equipment, such as air chillers, engine generators, modular datacenters, and other similar equipment.
3.Intermodal shipping containers housing or supporting experimental equipment are exempt from the requirements of Section 3114 provided they comply with all of the following:
3.1.Single-unit stand-alone intermodal shipping containers shall be supported at grade level and used only for occupancies as specified under Risk Category I in Table 1604.5;
3.2.Single-unit stand-alone intermodal shipping containers shall be located a minimum of 8 feet from adjacent structures and are not connected to a fuel gas system or fuel gas utility; and
3.3.In hurricane-prone regions and flood hazard areas, single -unit stand-alone intermodal shipping containers are designed in accordance with the applicable provisions of Chapter 16.
4.Intermodal shipping containers approved as temporary structures complying with Section 3103.
5.Single-unit stand-alone intermodal shipping containers used as temporary storage or construction trailer on active construction sites. Construction support facilities for uses and activities not directly associated with the actual processes of construction, including but not limited to, offices, meeting rooms, plan rooms, other administrative or support functions shall not be exempt from Section 3114.
3114.2 Construction documents. The construction documents shall contain information to verify the dimensions floor wood and components, steel the of properties physical the establish and components, of the intermodal shipping container in ad dition to the information required by Sections 107 and 1603.
3114.3 Intermodal shipping container information. Intermodal shipping containers shall bear the manufacturer’s existing data plate containing the following information as required by ISO 6346 an d verified by an approved agency. A report of the verification process and findings shall be provided to the building owner.
1.Manufacturer’s name or identification number
2.Date manufactured
3.Safety approval number
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4.Identification number
5.Maximum operating gross mass or weight (kg) (lbs)
6.Allowable stacking load for 1.8G (kg) (lbs)
7.Transverse racking test force (Newtons)
8.Valid maintenance examination date
Where approved by the building official, the marking s and manufacturer’s existing data plate are permitted to be removed from the intermodal shipping containers before they are repurposed for use as buildings or structures or as part of buildings or structures.
3114.4 Protection against decay and termites. Wood structural floors of intermodal shipping containers shall be protected from decay and termites in accordance with the applicable provisions of Section 2304.12.1.1.
3114.5 Under-floor ventilation. The space between the bottom of the floor joists and the earth under any intermodal shipping container, except spaces occupied by basements and cellars, shall be provided with ventilation in accordance with Section 1202.4.
3114.6 Roof assemblies. Intermodal shipping container roof assemblies shall comply wi th the applicable requirements of Chapter 15.
Exception: Single -unit stand -alone intermodal shipping containers not attached to, or stacked vertically over, other intermodal shipping containers, buildings or structures.
3114.7 Joints and voids. Joints and voids that create concealed spaces between intermodal shipping containers, that are connected or stacked, at fire -resistance-rated walls, floor or floor/ceiling assemblies and roofs or roof/ceiling assemblies shall be protected by an approved fire -resistant joint system in accordance with Section 715.
3114.8 Structural. Intermodal shipping containers that conform to ISO 1496-1 and are repurposed for use as buildings or structures, or as a part of buildings or structures, shall be designed in accordance with Chapter 16 and this section.
3114.8.1 Foundations. Intermodal shipping containers repurposed for use as a permanent building or structure shall be supported on foundations or other supporting structures designed and constructed in accordance with Chapters 16 through 23.
3114.8.1.1 Anchorage. Intermodal shipping containers shall be anchored to foundations or other supporting structures as necessary to provide a continuous load path for all applicable design and environmental loads in accordance with Chapter 16.
3114.8.2 W elds. All new welds and connections shall be equal to or greater than the original connections.
3114.8.3 Openings in containers. Where openings are made in container walls, floors, and roofs for doors, windows and other similar openings:
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1.The openings shall be framed with steel elements that are designed in accordance with Chapter 16 and Chapter 22.
2.The cross section and material grade of any new steel element shall be equal to or greater than the steel element removed.
3114.8.4 Detailed structural design procedure. A structural analysis meeting the requirements of this section shall be provided to the building official to demonstrate the structural adequacy of the intermodal shipping containers.
Exception: Intermodal shipping containers that meet the limitation of Section 3114.8.5.1 and designed in accordance with the simplified procedure in Section 3114.8.5.
3114.8.4.1 Material properties. Structural material properties for existing intermodal shipping container steel components shall be establi shed by material testing where the steel grade and composition cannot be identified by the manufacturer’s designation as to manufacture and mill test.
3114.8.4.2 Seismic design parameters. The seismic force -resisting system shall be designed and detailed in accordance with one of the following:
1.Where all or portions of the intermodal shipping container sides are considered to be the seismic force-resisting system, design and detailing shall be in accordance with the ASCE 7 Table 12.2 -1 requirements for light-frame bearing-wall systems with shear panels of all other materials,
2.Where portions of intermodal shipping container sides are retained, but are not considered to be the seismic force -resisting system, an independent seismic force -resisting system shall be selected, designed and detailed in accordance with ASCE 7 Table 12.2-1, or
3.Where portions of the intermodal shipping container sides are retained and integrated into a seismic force-resisting system other than as permitted by Section 3114.8.4.2 Item 1, seismic design parameters shall be developed from testing and analysis in accordance with Section 104.11 and ASCE 7 Section 12.2.1.1 or 12.2.1.2.
3114.8.4.3 Allowable shear value. The allowable shear values for the intermodal shipping container side walls and end walls shall be demonstrated by testing and analysis accordance with Section 104.11. Where penetrations are made in the side walls or end walls designated as part of the lateral force-resisting system, the penetrations shall be substantiated by rational analysis.
3114.8.5 Simplified structural design procedure of single -unit containers. Single -unit intermodal shipping containers conform ing to the limitations of Section 3114.8.5.1 shall be permitted to be designed in accordance with Sections 3114.8.5.2 and 3114.8.5.3.
3114.8.5.1 Limitations. Use of Section 3114.8.5 is subject to all the following limitations:
1.The intermodal shipping container shall be a single stand-alone unit supported on a foundation and shall not be in contact with or supporting any other shipping container or other structure.
2.The intermodal shipping container’s top and bottom rails, corner castings, and columns or any portion thereof shall not be notched, cut, or removed in any manner.
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3.The intermodal shipping container shall be erected in a level and horizontal position with the floor located at the bottom.
3114.8.5.2 Structural design. Where permitted by Section 3114.8.5.1, single -unit stand -alone intermodal shipping containers shall be designed using the following assumptions for the side walls and end walls:
1.The appropriate detailing requirements contained in Chapters 16 through 23.
2.Response modification coefficient, R = 2,
3.Over strength factor, Ω0 = 2.5,
4.Deflection amplification factor, Cd = 2, and
5.Limits on structural height, hn = 9.5 feet (2900 mm).
3114.8.5.3 Allowable shear value. The allowable shear values for the intermodal shipping container side walls (longitudinal) and end walls (transverse) for wind design and seismic design using the coefficients of Section 3114. 8.5.2 shall be in accordance with Table 3114.8.5.3, provided that all of the following conditions are met:
1.The total linear length of all openings in any individual side walls or end walls shall be limited to not more than 50 percent of the length of that side walls or end walls, as shown in Figure 3114.8.5.3(1).
2.Any full height wall length, or portion thereof, less than 4 feet (305 mm) long shall not be considered as a portion of the lateral force-resisting system, as shown in Figure 3114.8.5.3(2).
3.All side walls or end walls used as part of the lateral force-resisting system shall have an existing or new boundary element on all sides to form a continuous load path, or paths, with adequate strength and stiffness to transfer all forces from the point of application to the final point of resistance, as shown in Figure 3114.8.5.3(3).
4.A maximum of one penetration not greater than a 6-inch (152 mm) diameter hole for conduits, pipes, tubes or vents, or not greater than16 square inches (10 322mm2) for electrical boxes, is permitted for each individual 8 feet length (2438 mm) lateral force resisting wall. Penetrations located in walls that are not part of the wall lateral force resisting system shall not be limited in size or quantity. Existing intermodal shipping container’s vents shall not be considered a penetration, as shown in Figure 3114.8.5.3(4).
5.End wall door or doors designated as part of the lateral force -resisting system shall be welded closed.
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(J) Chapter 17, Section 1704.6 is amended to read as follows:
1704.6 Structural observations. Where required by the provisions of Section 1704.6.1, 1704.6.2 or 1704.6.3, the owner or the owner’s authorized agent shall employ a registered design professional structural observer to perform structural observations. Structural observation does not include or waive the responsibility for the inspections in Section 110 or the special inspections in Section 1705 or other sections of this code. The structural observer shall be one of the following individuals:
1.The registered design professional responsible for the structural design, or
2.A registered design professional designated by the registered design professional responsible for the structural design.
Prior to the commencement of observations, the structural observer shall submit to the building official a written statement identifying the frequency and extent of structural observations.
The owner or owner’s authorized agent shall coordinate and call a preconstruction meeting between the structural observer, contractors, affected subcontractors and special inspectors. The structural observer shall preside over the meeting. The purpose of the meeting shall be to identify the major structural elements and connections that affect the vertical and lateral load resisting systems of the structure and to review scheduling of the required observations. A record of the meeting shall be included in the report submitted to the building official.
Observed deficiencies shall be reported in writing to the owner or owner’s authorized agent, special inspector, contractor and the building official. Upon the form prescribed by the building official, the structural observer shall submit to the building official a written statement at each significant construction stage stating that the site visits have been made and identifying any reported deficiencies which, to the best of the structural observer’s knowledge, have not been resolved. A final report by the structural observer which states that all observed deficiencies have
(K) Chapter 17, Section 1704.6.2 is hereby amended to read as follows:
1704.6.2 Structural observations for seismic resistance. Structural observations shall be provided for those structures assigned to Seismic Design Category D, E or F where one or more of the following conditions exist:
1.The structure is classified as Risk Category III or IV.
2.The structure is classified as Risk Category I or II, and a lateral design is required for the structure or portion thereof.
Exception: One-story wood framed Group R-3 and Group U Occupancies less than 2,000 square feet in area, provided the adjacent grade is not steeper than 1 unit vertical in 10 units horizontal (10% sloped), assigned to Seismic Design Category D.
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Ordinance No. 1784, adoption of 2022 California Building Standards (Kevi... Page 475 of 527 (L) Chapter 17, Section 1705.3 is hereby amended to read as follows:
1705.3 Concrete construction. The special inspections and tests for concrete construction shall be performed in accordance with this section and Table 1705.3.
Exceptions: Special inspections and tests shall not be required for:
1.Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock where the structural design of the footing is based on a specified compressive strength, f’c, not more than 2,500 pounds per square inch (psi) (17.2 Mpa) regardless of the compressive strength specified in the construction documents or used in the footing construction.
2.Continuous concrete footings supporting walls of buildings three stories or less above grade plane that are fully supported on earth or rock where:
2.1.The footings support walls of light-frame construction;
2.2.The footings are designed in accordance with Table 1809.7; or
2.3.The structural design of the footing is based on a specified compressive strength, f’c, not more than 2,500 pounds per square inch (psi) (17.2 Mpa), regardless of the compressive strength specified in the construction documents or used in the footing construction.
3.Nonstructural concrete slabs supported directly on the ground, including prestressed slabs on grade, where the effective prestress in the concrete is less than 150 psi (1.03 Mpa).
4.Concrete patios, driveways and sidewalks, on grade.
(M) Chapter 18, Section 1807.1.4 is hereby amended to read as follows:
1807.1.4 Permanent wood foundation systems. Permanent wood foundation systems shall be designed and installed in accordance with AWC PWF. Lumber and plywood shall be treated in accordance with AWPA U1 (Commodity Specification A, Special Requirement 4.2) and shall be identified in accordance with Section 2303.1.9.1. Permanent wood foundation systems shall not be used for structures assigned to Seismic Design Category D, E or F.
(N) Chapter 18, Section 1809.7 and Table 1809.7 are amended to read as follows:
1809.7 Prescriptive footings for light-frame construction. Where a specific design is not provided, concrete or masonry-unit footings supporting walls of light-frame construction shall be permitted to be designed in accordance with Table 1809.7. Light-frame construction using prescriptive footings in Table 1809.7 shall not exceed one story above grade plane for structures assigned to Seismic Design Category D, E or F.
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(O) Chapter 18, Section 1809.7 and Table 1809.7 are amended to read as follows:
1809.7 Prescriptive footings for light -frame construction. Where a specific design is not provided, concrete or masonry-unit footings supporting walls of light-frame construction shall be permitted to be designed in accordance with Table 1809.7. Light -frame construction using prescriptive footings in Table 1809.7 shall not exceed one story above grade plane for structures assigned to Seismic Design Category D, E or F.
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(P) Chapter 18, Section 1809.12 is amended to read as follow:
1809.12 Timber footings. Timber footings shall be permitted for buildings of Type V construction and as otherwise approved by the Building Official. Such footings shall be treated in accordance with AWPA U1 (Commodity Spe cification A, Use Category 4B). Treated timbers are not required where placed entirely below permanent water level, or where used as capping for wood piles that project above the water level over submerged or marsh lands. The compressive stresses perpendic ular to grain in untreated timber footings supported on treated piles shall not exceed 70 percent of the allowable stresses for the species and grade of timber as specified in the ANSI/AWC NDS. Timber footings shall not be used in structures assigned to Seismic Design Category D, E or F.
(Q) Chapter 18, Section 1810.3.2.4 is amended to read as follows:
1810.3.2.4 Timber. Timber deep foundation elements shall be designed as piles or poles in accordance with ANSI/AWC NDS. Round timber elements shall conform to ASTM D 25. Sawn timber elements shall conform to DOC PS -20. Timber deep foundation elements shall not be used in structures assigned to Seismic Design Category D, E or F.
AMENDMENTS AND ADDITIONS TO RESIDENTIAL CODE
(A) Chapter 3, Section R301.1.3.2 is amended to read as follows:
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Ordinance No. 1784, adoption of 2022 California Building Standards (Kevi... Page 478 of 527 R301.1.3.2 Woodframe structures greater than two -stories. The bui lding official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of woodframe construction more than two stories and basement in height located in Seismic Design Category A, B or C. Notwithstanding other sections of law; the law establishing these provisions is found in Business and Professions Code Sections 5537 and 6737.1.
The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of woodframe construction more than one story in height or with a basement located in Seismic Design Category D0, D1, or D2.
(B) Chapter 4, Section R401.1 is amended to read as follows:
R401.1 Application. T he provisions of this chapter shall control the design and construction of the foundation and foundation spaces for buildings. In addition to the provisions of this chapter, the design and construction of foundations in flood hazard areas as established by Table R301.2(1) shall meet the provisions of Section R322. Wood foundations shall be designed and installed in accordance with AWC PWF.
Exception: The provisions of this chapter shall be permitted to be used for wood foundations only in the following situations:
1.In buildings that have no more than two floors and a roof.
2.When interior basement and foundation walls are constructed at intervals not exceeding 50 feet (15 240 mm).
Wood foundations in Seismic Design Category D0, D1, or D2 shall not be permitted.
Exception: In non-occupied, single-story, detached storage sheds and similar uses other than carport or garage, provided the gross floor area does not exceed 200 square feet, the plate height does not exceed 12 feet in height above the grade pl ane at any point, and the maximum roof projection does not exceed 24 inches.
(C) Chapter 4, Section R404.2 is amended to read as follows:
R404.2 Wood foundation walls. Wood foundation walls shall be constructed in accordance with the provisions of Sections R404.2.1 through R404.2.6 and with the details shown in Figures R403.1(2) and R403.1(3). Wood foundation walls shall not be used for stru ctures located in Seismic Design Category D0, D1 or D2.
(D) Chapter 6, Lines 19, 20, 23 and 33 – 36 of Table R602.3(1) are amended to read as follows:
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(E) Chapter 6, Table R602.3(2) shall have the following language added to the table footnotes to read as follows:
b. Staples shall have a minimum crown width of 7/16-inch on diameter except as noted. Use of staples in roof, floor, subfloor, and braced wall panels shall be prohibited in Seismic Design Category D0, D1, or D2.
(F) Chapter 8, Section R803.2.4 is amended to read as follows:
R803.2.4 Openings in horizontal diaphragms. Openings in horizontal diaphragms shall conform with Section R503.2.4.
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The fol lowing represents a summary of the major changes provided with these proposed amendments:
•Changes the expiration date from 180 days to 1 year to all residential building permits. •Intermodal shipping containers, exception 5 clarifies that the use of shipping containers constructed or converted off -site that qualify as Factory -built Housing pursuant to HSC Section 19971 or Commercial Modular(s) pursuant to HSC Section 18001.8, must be approved by HCD. •In Mobile Home Parks (MHP) and Special Occupancy Parks (SOP), swimming pools are defined as permanent accessory structures which will need to adhere to health and safety standards similar to those for public pools outside of MHP’s and SOP’s.
•New regulations to clarify that calculations for EV spaces are to be rounded up to the nearest whole number and EV spaces to be counted as parking spaces only for the purposes of meeting parking space requirements at the local level.
•EV charging for new construction – Expanded EV charging requirements to installation o f EV charging receptacles and EV chargers (EVSE). Modified exception 1 to address situations in which there is no local utility power supply or when the local utility is unable to supply adequate power.
Repealed references to specific dollar amounts for exceptions due to variations in utility costs based upon location. New exception related to adverse impact to construction cost of a project, similar to the provisions for nonresidential EV charging.
•Energy Code mandatory requirements include the following ; a single fuel prescriptive heat pump baseline for either water heating or space heating and significant changes in requirements for indoor air quality (IAQ)
•New energy storage system (ESS) ready requirements, including interconnection equipment or a dedicated raceway, a minimum of four branch circuits, a minimum of 225 amps, and space for future installation of a system isolation equipment or transfer switch. •New electric ready requirements for space heating, cooking, and clothes dryers when gas equipment is installed.
•New roof deck insulation maximum area-weighted average U-factor requirement of U-0.184. •New dwellings units with a conditioned floor area of 500 square feet or less do not require a whole - house fan.
•Revises and updates photovoltaic (PV) language for clarity, including solar access roof area (SARA).
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective:
Source of funds: N/A Fund-Org-Object
Reference:
N/A
Additional Financial Details:
City Council Resolution No(s) 6683 and 9584 previously established the Building Division Fee Schedule for Plan Check and Permit Fees. No changes in fees are proposed at this time.
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ALTERNATIVES:
ATTACHMENTS:
Attachment 1- Ordinance No. 1784
APPROVAL(S):
Kevin H. Snyder, Dir. Of Community Development Approved - 29 Sep 2022 City Attorney, City Attorney Approved - 29 Sep 2022
Samantha Lopez, Finance Manager Approved - 30 Sep 2022
Bryan H. Montgomery, City Manager Approved - 30 Sep 2022
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ORDINANCE NO 1784
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO
CALIFORNIA ADOPTING BY REFERENCE THE 2022 EDITIONS OF THE
CALIFORNIA ADMINISTRATIVE, HISTORICAL BUILDING, EXISTING
BUILDING, ENERGY, MECHANICAL, PLUMBING, ELECTRICAL,
INTERNATIONAL PROPERTY MAINTENANCE, RESIDENTIAL AND GREEN
BUILDING STANDARDS CODES TOGETHER WITH CERTAIN APPENDICES AND AMENDMENTS THEREFORE, AND AMENDING CHAPTER 151 OF THE
INDIO MUNICIPAL CODE
WHEREAS, Health and Safety Code Section 17958 provides that the City of Indio shall adopt ordinances and regulations imposing the same or modified or changed requirements as are contained in the regulations adopted by the State pursuant to Health and Safety Code Section 17922; and
WHEREAS, the State of California is mandated by Health and Safety Code Section 17922 to impose the same requirements as are contained in the most recent edition of the California Administrative Code, the California Building Code, the California Existing Building Code, the California Plumbing Code, the California Mechanical Code, the California Electrical Code, the International Property Maintenance Code, the California Residential Code and the California Green Building Standards Code (herein after referred to collectively as the “Building Codes”), and
WHEREAS, the City Council considered the findings and facts related to the adoption of the 2022 California Building Codes at its October 5, 2022 regular meeting.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES ORDAIN AS FOLLOWS:
Section 1. The City Council hereby specifically finds that all of the facts set forth in the recital of this Ordinance are true and correct, are incorporated into this Ordinance by reference and constitute a material part of this Ordinance Section 2. Sections 151.001, 151.005, 151.006, 151.010, 151.011, 151.014, 151.015, 151.017, 151.020, 151.025, 151.030, 151.040, 151.041, 151.050, 151.055 of Chapter 151 (Buildings) of Title XV (Land Usage) of the Indio Municipal Code are hereby repealed; provided, however, that such repeal shall not affect or excuse any violation of any said Chapter or codes occurring prior to the effective date of the ordinance adopting this provision.
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Section 3. A new Section 151.001, 151.005, 151.006. 151.010, 151.011, 151.014, 151.015. 151.017, 151.020, 151.025, 151.030, 151.040, 151.041, 151.050, and 151.055 are hereby added to Chapter 151 (Buildings) of Title XV (Land Usage) of the Indio Municipal Code to read as follows:
“CHAPTER 151: BUILDINGS
General Provisions
151.001 Appeals
California Administrative Code
151.005 Adoption of California Administrative Code
151.006 Conflicting Provisions
California Building Code
151.010 Adoption of California Building Code
151.011 Amendments and additions to Building Code
California Historical Building Code
151.014 Adoption of California Historical Building Code California Existing Building Code
151.015 Adoption of California Existing Building Code
California Energy Code
151.017 Adoption of California Energy Code
California Mechanical Code
151.020 Adoption of California Mechanical Code
California Plumbing Code
151.025 Adoption of California Plumbing Code
California Electrical Code
151.030 Adoption of California Electrical Code
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California Residential Code
151.040 Adoption of California Residential Code
151.041 Amendments and additions to Residential Code
California Green Building Standards Code
151.050 Adoption of California Green Building Standards Code International Property Maintenance Code
151.055 Adoption of the International Property Maintenance Code
GENERAL PROVISIONS
§ 151.001 APPEALS.
Appeals under this chapter, including appeals as to any decision, order or determination of an official arising from or relating to the most recent version of the California Building Codes or any other Codes adopted by this chapter, may be appealed to the Indio Consolidated Appeals Board in the manner specified with respect to appeals under Chapter 95B of this code. One purpose of this appellate provision is to allow due process of law to persons affected by administrative orders related to the use, maintenance, or change of occupancy of buildings and structures, including but not limited to requirements governing alteration, additions, repair, demolition, moving, or vacation.
CALIFORNIA ADMINISTRATIVE CODE
151.005 ADOPTION OF CALIFORNIA ADMINISTRATIVE CODE
The 2022 California Administrative Code (CAC) as published by the International Code Council, is hereby adopted by reference and shall become the administrative code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structures in the City. The 2022 California Administrative Code is on file for public examination in the office of the Building Official.
151.006 CONFLICTING PROVISIONS
In the event of a conflict between any provisions contained in the Administrative Code and the administrative provisions of the Code of Indio, the more specific provision shall be given effect, unless another applicable provision is determined by the Building Official to more fully provide for the public health and safety and/or that it will more fully promote the intent of the Code of Indio.
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CALIFORNIA BUILDING CODE
151.010 ADOPTION OF CALIFORNIA BUILDING CODE
Except as provided in this chapter, the 2022 California Building Code (CBC), incorporating the 2021 International Building Code, as published by the International Code Council, and as amended herein, is hereby adopted by reference and shall become the building code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the City. The 2022 California Building Code is on file for public examination in the office of the Building Official 151.11 AMENDMENTS AND ADDITIONS TO BUILDING CODE
(A) Chapter 1, Section 101.2 Scope, is amended as follows:
101.2. Delete the paragraph entitled “Exception” in its entirety (B) Chapter 1, Section 101.4.4, is amended to read as follows:
101.4.4 Property maintenance. The provision of all of the adopted codes, laws and pertinent regulations shall apply to existing structures and premises. (C) Chapter 1, Section 105.2 is amended by deleting Items (2) and (4) in their entirety and amending Item (1) under the heading “Building” to read as follows:
1. Non-permanent, one story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet, may be excluded provided the proposed work meets City of Indio Zoning regulations.
(D) Chapter 1, Section 107.3.1 is amended to read as follows:
107.3.1 Approval of construction documents. When the Building Official issues a permit, the construction documents shall be approved in writing, or by stamp, as “Approved”. One set of construction documents so reviewed shall be retained by the Building Official. The other set shall be returned to the applicant and shall be kept at the site of work, and shall be open to inspections by the Building Official or duly authorized representatives.
(E) Chapter 1, Section 108.1 is amended to read as follows:
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108.1 General. The Building Official is authorized to issue a permit for temporary structures or temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days or as determined by the Building Official. The Building Official is authorized to grant extensions for demonstrated cause.
(F) Chapter 1 Section 109.4 and Section 109.5 are amended to read as follows:
109.4 Work commencing before permit issuance. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.
109.5 Related fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee set forth in Section 109.2. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.
(G) Chapter 1, Section 111.3 is amended to read as follows:
The Building Official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided such portion of portions shall be occupied safely. The Building Official shall set a time period during which the temporary certificate of occupancy is valid. In addition, any temporary certificates of occupancy shall comply with the following:
1. Following the submission of a complete and accurate application for a certificate of occupancy but prior to the issuance of a certificate of occupancy, the Building Official may issue a temporary certificate of occupancy permit for commercial structures and tenant improvements only if:
a. The Building Official determines the real property in question is in substantial compliance with the requirements of this chapter and all other real property related provisions of the 2022 California Building Codes, as amended; and
b. The applicant submits a temporary occupancy permit application form and pays the required fee as approved by the City Council.
c. The applicant provides a written timeline for completion for City review and approval for completion of any outstanding City building, fire, planning, engineering or business license conditions and requirements or to complete the correction of outstanding identified violations and deficiencies identified by the Building Official, Fire Marshal, Community Development Director or Code Enforcement Official; and
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d. The outstanding conditions, requirements, violations or deficiencies are not life safety issues that would prohibit the temporary occupancy of a building or structure; and
The applicant posts a compliance bond or other acceptable form of security, if determined necessary, in an amount specified and verified by the Building Official or City Engineer or Fire Marshal or some combination thereof necessary to ensure the timely completion of the outstanding conditions, requirements, violations or deficiencies
2. The Building Official’s issuance of a temporary certificate of occupancy permit may include conditions of approval that shall be complied with in order for the permit to remain valid.
3. An applicant's failure to address outstanding conditions, requirements, violations or deficiencies within the time period specified for the approval of the temporary certificate of occupancy or extensions thereof shall constitute a violation of this chapter and the immediate revocation of the authorization of the temporary certificate of occupancy.
4. No temporary certificate of occupancy shall set forth a time period for the completion of all corrections that is greater than thirty (30) calendar days, unless extended by the Building Official. The Building Official, at his or her discretion, may issue time extensions in thirty (30) calendar day increments.
Each extension shall only be granted by the Building Official if he or she makes written findings of the necessity for said extension.
5. Any and each extension of a temporary certificate of occupancy shall not be issued until the applicant pays the required fee as approved by the City Council.
6. A temporary certificate of occupancy shall automatically expire thirteen (30) calendar days from the date issuance, unless extended by the Building Official.
If an applicant occupies a space, structure and premises subject to a temporary certificate of occupancy permit authorization following revocation of said authorization, the Building Official shall immediately post the space, structure and premises with a Do Not Occupy order and require the immediate removal of all persons and implement and/or refer the matter for code enforcement action.
Chapter 2, Definitions, is hereby amended to read as follows:
[A] BUILDING OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. The Building Official shall be the Chief Building Official of the City of Indio as appointed by the City Manager. In the absence of the appointed Chief Building Official, the Community Development Director, as appointed by the City Manager, shall serve as the Building Official.
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(H) Chapter 16, Section 1613.5 and 1613.5.1 is hereby added to read as follows:
1613.5 Amendments to ASCE 7. The provisions of Section 1613.5 shall be permitted as an amendment to the relevant provisions of ASCE 7. 1613.5.1 Values for vertical combinations. Modify ASCE 7 Section 12.2.3.1 Exception 3 as follows:
3. Detached one- and two-family dwellings up to two stories in height of light frame construction.
(I) Section 3114 is hereby added to and Section 202, Section 3101.1 and Chapter 35 is amended to read as follows:
SECTION 202
DEFINITIONS
INTERMODAL SHIPPING CONTAINER. A six-sided steel unit originally constructed as a general cargo container used for the transport of goods and materials.
SECTION 3101
GENERAL
3101.1 Scope. The provisions of this chapter shall govern special building construction including membrane structures, temporary structures, pedestrian walkways and tunnels, automatic vehicular gates, awnings and canopies, marquees, signs, towers, antennas, relocatable buildings, swimming pool enclosures and safety devices, and solar energy systems, and intermodal shipping containers.
SECTION 3114
INTERMODAL SHIPPING CONTAINERS
3114.1 General. The provisions of Section 3114 and other applicable sections of this code shall apply to intermodal shipping containers that are repurposed for use as buildings or structures or as a part of buildings or structures.
Exceptions:
1. Stationary storage battery arrays located in intermodal shipping containers complying with Chapter 12 of the California Fire Code.
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2. Intermodal shipping containers that are listed as equipment complying with the standard for equipment, such as air chillers, engine generators, modular datacenters, and other similar equipment.
3. Intermodal shipping containers housing or supporting experimental equipment are exempt from the requirements of Section 3114 provided they comply with all of the following:
3.1. Single-unit stand-alone intermodal shipping containers shall be supported at grade level and used only for occupancies as specified under Risk Category I in Table 1604.5;
3.2. Single-unit stand-alone intermodal shipping containers shall be located a minimum of 8 feet from adjacent structures and are not connected to a fuel gas system or fuel gas utility; and
3.3. In hurricane-prone regions and flood hazard areas, single-unit stand-alone intermodal shipping containers are designed in accordance with the applicable provisions of Chapter 16.
4. Intermodal shipping containers approved as temporary structures complying with Section 3103.
5. Single-unit stand-alone intermodal shipping containers used as temporary storage or construction trailer on active construction sites.
Construction support facilities for uses and activities not directly associated with the actual processes of construction, including but not limited to, offices, meeting rooms, plan rooms, other administrative or support functions shall not be exempt from Section 3114. 3114.2 Construction documents. The construction documents shall contain information to verify the dimensions and establish the physical properties of the steel components, and wood floor components, of the intermodal shipping container in addition to the information required by Sections 107 and 1603. 3114.3 Intermodal shipping container information. Intermodal shipping containers shall bear the manufacturer’s existing data plate containing the following information as required by ISO 6346 and verified by an approved agency.
A report of the verification process and findings shall be provided to the building owner.
1. Manufacturer’s name or identification number
2. Date manufactured
3. Safety approval number
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4. Identification number
5. Maximum operating gross mass or weight (kg) (lbs)
6. Allowable stacking load for 1.8G (kg) (lbs)
7. Transverse racking test force (Newtons)
8. Valid maintenance examination date
Where approved by the building official, the markings and manufacturer’s existing data plate are permitted to be removed from the intermodal shipping containers before they are repurposed for use as buildings or structures or as part of buildings or structures.
3114.4 Protection against decay and termites. Wood structural floors of intermodal shipping containers shall be protected from decay and termites in accordance with the applicable provisions of Section 2304.12.1.1. 3114.5 Under-floor ventilation. The space between the bottom of the floor joists and the earth under any intermodal shipping container, except spaces occupied by basements and cellars, shall be provided with ventilation in accordance with Section 1202.4.
3114.6 Roof assemblies. Intermodal shipping container roof assemblies shall comply with the applicable requirements of Chapter 15.
Exception: Single-unit stand-alone intermodal shipping containers not attached to, or stacked vertically over, other intermodal shipping containers, buildings or structures.
3114.7 Joints and voids. Joints and voids that create concealed spaces between intermodal shipping containers, that are connected or stacked, at fire-resistance- rated walls, floor or floor/ceiling assemblies and roofs or roof/ceiling assemblies shall be protected by an approved fire-resistant joint system in accordance with Section 715.
3114.8 Structural. Intermodal shipping containers that conform to ISO 1496-1 and are repurposed for use as buildings or structures, or as a part of buildings or structures, shall be designed in accordance with Chapter 16 and this section. 3114.8.1 Foundations. Intermodal shipping containers repurposed for use as a permanent building or structure shall be supported on foundations or other supporting structures designed and constructed in accordance with Chapters 16 through 23.
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3114.8.1.1 Anchorage. Intermodal shipping containers shall be anchored to foundations or other supporting structures as necessary to provide a continuous load path for all applicable design and environmental loads in accordance with Chapter 16.
3114.8.2 Welds. All new welds and connections shall be equal to or greater than the original connections.
3114.8.3 Openings in containers. Where openings are made in container walls, floors, and roofs for doors, windows and other similar openings:
1. The openings shall be framed with steel elements that are designed in accordance with Chapter 16 and Chapter 22.
2. The cross section and material grade of any new steel element shall be equal to or greater than the steel element removed.
3114.8.4 Detailed structural design procedure. A structural analysis meeting the requirements of this section shall be provided to the building official to demonstrate the structural adequacy of the intermodal shipping containers.
Exception: Intermodal shipping containers that meet the limitation of Section 3114.8.5.1 and designed in accordance with the simplified procedure in Section 3114.8.5.
3114.8.4.1 Material properties. Structural material properties for existing intermodal shipping container steel components shall be established by material testing where the steel grade and composition cannot be identified by the manufacturer’s designation as to manufacture and mill test. 3114.8.4.2 Seismic design parameters. The seismic force-resisting system shall be designed and detailed in accordance with one of the following:
1. Where all or portions of the intermodal shipping container sides are considered to be the seismic force-resisting system, design and detailing shall be in accordance with the ASCE 7 Table 12.2-1 requirements for light-frame bearing-wall systems with shear panels of all other materials,
2. Where portions of intermodal shipping container sides are retained, but are not considered to be the seismic force-resisting system, an independent seismic force-resisting system shall be selected, designed and detailed in accordance with ASCE 7 Table 12.2-1, or
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3. Where portions of the intermodal shipping container sides are retained and integrated into a seismic force-resisting system other than as permitted by Section 3114.8.4.2 Item 1, seismic design parameters shall be developed from testing and analysis in accordance with Section 104.11 and ASCE 7 Section 12.2.1.1 or
12.2.1.2. 3114.8.4.3 Allowable shear value. The allowable shear values for the intermodal shipping container side walls and end walls shall be demonstrated by testing and analysis accordance with Section 104.11.
Where penetrations are made in the side walls or end walls designated as part of the lateral force-resisting system, the penetrations shall be substantiated by rational analysis.
3114.8.5 Simplified structural design procedure of single-unit containers.
Single-unit intermodal shipping containers conforming to the limitations of Section 3114.8.5.1 shall be permitted to be designed in accordance with Sections 3114.8.5.2 and 3114.8.5.3.
3114.8.5.1 Limitations. Use of Section 3114.8.5 is subject to all the following limitations:
1. The intermodal shipping container shall be a single stand-alone unit supported on a foundation and shall not be in contact with or supporting any other shipping container or other structure.
2. The intermodal shipping container’s top and bottom rails, corner castings, and columns or any portion thereof shall not be notched, cut, or removed in any manner.
3. The intermodal shipping container shall be erected in a level and horizontal position with the floor located at the bottom. 3114.8.5.2 Structural design. Where permitted by Section 3114.8.5.1, single-unit stand-alone intermodal shipping containers shall be designed using the following assumptions for the side walls and end walls:
1. The appropriate detailing requirements contained in Chapters 16 through 23.
2. Response modification coefficient, R = 2,
3. Over strength factor, Ω 0 = 2.5,
4. Deflection amplification factor, C d = 2, and
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5. Limits on structural height, h n = 9.5 feet (2900 mm). 3114.8.5.3 Allowable shear value. The allowable shear values for the intermodal shipping container side walls (longitudinal) and end walls (transverse) for wind design and seismic design using the coefficients of Section 3114.8.5.2 shall be in accordance with Table 3114.8.5.3, provided that all of the following conditions are met:
1. The total linear length of all openings in any individual side walls or end walls shall be limited to not more than 50 percent of the length of that side walls or end walls, as shown in Figure 3114.8.5.3(1).
2. Any full height wall length, or portion thereof, less than 4 feet (305 mm) long shall not be considered as a portion of the lateral force- resisting system, as shown in Figure 3114.8.5.3(2).
3. All side walls or end walls used as part of the lateral force-resisting system shall have an existing or new boundary element on all sides to form a continuous load path, or paths, with adequate strength and stiffness to transfer all forces from the point of application to the final point of resistance, as shown in Figure 3114.8.5.3(3).
4. A maximum of one penetration not greater than a 6-inch (152 mm) diameter hole for conduits, pipes, tubes or vents, or not greater than16 square inches (10 322mm 2) for electrical boxes, is permitted for each individual 8 feet length (2438 mm) lateral force resisting wall.
Penetrations located in walls that are not part of the wall lateral force resisting system shall not be limited in size or quantity. Existing intermodal shipping container’s vents shall not be considered a penetration, as shown in Figure 3114.8.5.3(4).
5. End wall door or doors designated as part of the lateral force- resisting system shall be welded closed.
TABLE 3114.8.5.3
ALLOWABLE SHEAR VALUES FOR INTERMODAL SHIPPING CONTAINER
SIDE WALLS AND END WALLS FOR WIND OR SEISMIC LOADING
CONTAINER
DESIGNATION 2
CONTAINER
DIMENSION
(Nominal Length)
CONTAINER
DIMENSION
(Nominal Height)
ALLOWABLE SHEAR
VALUES
(PLF) 1,3
Side Wall End Wall
1EEE 9.5 feet (2896
mm)
1EE
45 feet (13.7 M)
8.6 feet (2591
75 843
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mm)
1AAA 9.5 feet (2896
mm)
1AA 8.5 feet (2592
mm)
1A 8.0 feet (2438
mm)
1AX
40 feet (12.2 M)
<8.0 feet (2483
mm)
84 1BBB 9.5 feet (2896
mm)
1BB 8.5 feet (2591
mm)
1B 8.0 feet (2438
mm)
1BX
30 feet (9.1 M)
<8.0 feet (2438
mm)
112
1CC 8.5 feet (2591
mm)
1C 8.0 feet (2438
mm)
1CX
20 feet (9.1 M)
<8.0 feet (2438
mm)
168
1. The allowable strength for the side walls and end walls of the intermodal shipping containers are derived from ISO 1496-1 and reduced by a factor of safety of 5.
2. Container designation type is derived from ISO 668.
3. Limitations of Sections 3114.8.5.1 and 3114.8.5.3 shall apply.
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FIGURE 3114.8.5.3(1)
Bracing Unit Distribution – Maximum Linear Length
FIGURE 3114.8.5.3(2)
Bracing Unit Distribution – Minimum Linear Length
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FIGURE 3114.8.5.3(3)
Bracing Unit Distribution – Boundary Elements
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FIGURE 3114.8.5.3(4)
Bracing Unit Distribution – Penetrating Limitations
CHAPTER 35
REFERENCED STANDARDS
ISO International Organization for
Standardization
ISO Central Secretariet
1 ch, de la Voie-Creuse, Casa Postale
566
CH-1211 Geneva 20, Switzerland
Standard
Reference
Number
Title Referenced
in code section
number
ISO 1496-1:2013 Series 1 Freight Containers – Specification and Testing – Part 1: General Cargo
Containers for General Purposes
3114.8, Table
3114.8.5.3
ISO 6346:1995,
with Amendment
3: 2012
Freight Containers – Coding, Identification
and marking
3114.3
ISO 668:2013 Series 1 Freight Containers –
Classifications, dimensions and ratings.
Table 3114.8.5.3
(J) Chapter 17, Section 1704.6 is amended to read as follows:
1704.6 Structural observations. Where required by the provisions of Section 1704.6.1, 1704.6.2 or 1704.6.3, the owner or the owner’s authorized agent shall employ a registered design professional structural observer to perform structural observations. Structural observation does not include or waive the responsibility for the inspections in Section 110 or the special inspections in Section 1705 or other sections of this code. The structural observer shall be one of the following individuals:
1. The registered design professional responsible for the structural design, or
2. A registered design professional designated by the registered design professional responsible for the structural design.
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Prior to the commencement of observations, the structural observer shall submit to the building official a written statement identifying the frequency and extent of structural observations.
The owner or owner’s authorized agent shall coordinate and call a preconstruction meeting between the structural observer, contractors, affected subcontractors and special inspectors. The structural observer shall preside over the meeting. The purpose of the meeting shall be to identify the major structural elements and connections that affect the vertical and lateral load resisting systems of the structure and to review scheduling of the required observations. A record of the meeting shall be included in the report submitted to the building official.
Observed deficiencies shall be reported in writing to the owner or owner’s authorized agent, special inspector, contractor and the building official. Upon the form prescribed by the building official, the structural observer shall submit to the building official a written statement at each significant construction stage stating that the site visits have been made and identifying any reported deficiencies which, to the best of the structural observer’s knowledge, have not been resolved. A final report by the structural observer which states that all observed deficiencies have (K) Chapter 17, Section 1704.6.2 is hereby amended to read as follows:
1704.6.2 Structural observations for seismic resistance. Structural observations shall be provided for those structures assigned to Seismic Design Category D, E or F where one or more of the following conditions exist:
1. The structure is classified as Risk Category III or IV.
2. The structure a lateral design is required for the structure or portion thereof.
Exception: One-story wood framed Group R-3 and Group U Occupancies less than 2,000 square feet in area, provided the adjacent grade is not steeper than 1 unit
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vertical in 10 units horizontal (10% sloped), assigned to Seismic Design Category D.
(L) Chapter 17, Section 1705.3 is hereby amended to read as follows:
1705.3 Concrete construction. The special inspections and tests for concrete construction shall be performed in accordance with this section and Table 1705.3.
Exceptions: Special inspections and tests shall not be required for:
1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock where the structural design of the footing is based on a specified compressive strength, f’c, not more than 2,500 pounds per square inch (psi) (17.2 Mpa) regardless of the compressive strength specified in the construction documents or used in the footing construction.
2. Continuous concrete footings supporting walls of buildings three stories or less above grade plane that are fully supported on earth or rock where:
2.1. The footings support walls of light-frame construction;
2.2. The footings are designed in accordance with Table 1809.7; or
2.3. The structural design of the footing is based on a specified compressive strength, f’c, not more than 2,500 pounds per square inch (psi) (17.2 Mpa), regardless of the compressive strength specified in the construction documents or used in the footing construction.
3. Nonstructural concrete slabs supported directly on the ground, including prestressed slabs on grade, where the effective prestress in the concrete is less than 150 psi (1.03 Mpa).
4. Concrete patios, driveways and sidewalks, on grade.
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(M) Chapter 18, Section 1807.1.4 is hereby amended to read as follows:
1807.1.4 Permanent wood foundation systems. Permanent wood foundation systems shall be designed and installed in accordance with AWC PWF. Lumber and plywood shall be treated in accordance with AWPA U1 (Commodity Specification A, Special Requirement 4.2) and shall be identified in accordance with Section 2303.1.9.1. Permanent wood foundation systems shall not be used for structures assigned to Seismic Design Category D, E or F. (N) Chapter 18, Section 1809.7 and Table 1809.7 are amended to read as follows:
1809.7 Prescriptive footings for light-frame construction. Where a specific design is not provided, concrete or masonry-unit footings supporting walls of light- frame construction shall be permitted to be designed in accordance with Table 1809.7. Light-frame construction using prescriptive footings in Table 1809.7 shall not exceed one story above grade plane for structures assigned to Seismic Design Category D, E or F.
TABLE 1809.7
PRESCRIPTIVE FOOTINGS SUPPORTING WALLS OF
LIGHT-FRAME CONSTRUCTION a, b, c, d, e
NUMBER OF FLOORS
SUPPORTED BY THE
FOOTING f
WIDTH OF
FOOTING
(inches)
THICKNESS OF
FOOTING (inches)
1 12 6
2 15 6
3 18 8 g
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm
a. Depth of footings shall be in accordance with Section 1809.4. b. The ground under the floor shall be permitted to be excavated to the elevation of the top of the footing.
c. See Section 1905 for additional requirements for concrete footings of structures assigned to Seismic Design Category C, D, E or F. d. For thickness of foundation walls, see Section 1807.1.6. e. Footings shall be permitted to support a roof addition to the stipulated number of floors. Footings supporting roof only shall be as required for supporting one floor.
(O) Chapter 18, Section 1809.7 and Table 1809.7 are amended to read as follows:
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1809.7 Prescriptive footings for light-frame construction. Where a specific design is not provided, concrete or masonry-unit footings supporting walls of light- frame construction shall be permitted to be designed in accordance with Table 1809.7. Light-frame construction using prescriptive footings in Table 1809.7 shall not exceed one story above grade plane for structures assigned to Seismic Design Category D, E or F.
TABLE 1809.7
PRESCRIPTIVE FOOTINGS SUPPORTING WALLS OF
LIGHT-FRAME CONSTRUCTION a, b, c, d, e
NUMBER OF FLOORS
SUPPORTED BY THE
FOOTING f
WIDTH OF
FOOTING
(inches)
THICKNESS OF
FOOTING (inches)
1 12 6
2 15 6
3 18 8 g
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm
f. Depth of footings shall be in accordance with Section 1809.4. g. The ground under the floor shall be permitted to be excavated to the elevation of the top of the footing.
h. See Section 1905 for additional requirements for concrete footings of structures assigned to Seismic Design Category C, D, E or F. i. For thickness of foundation walls, see Section 1807.1.6. j. Footings shall be permitted to support a roof addition to the stipulated number of floors. Footings supporting roof only shall be as required for supporting one floor.
(P) Chapter 18, Section 1809.12 is amended to read as follow:
1809.12 Timber footings. Timber footings shall be permitted for buildings of Type V construction and as otherwise approved by the Building Official. Such footings shall be treated in accordance with AWPA U1 (Commodity Specification A, Use Category 4B). Treated timbers are not required where placed entirely below permanent water level, or where used as capping for wood piles that project above the water level over submerged or marsh lands. The compressive stresses perpendicular to grain in untreated timber footings supported on treated piles shall not exceed 70 percent of the allowable stresses for the species and grade of timber as specified in the ANSI/AWC NDS. Timber footings shall not be used in structures assigned to Seismic Design Category D, E or F. (Q) Chapter 18, Section 1810.3.2.4 is amended to read as follows:
1810.3.2.4 Timber. Timber deep foundation elements shall be designed as piles or poles in accordance with ANSI/AWC NDS. Round timber elements shall conform
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to ASTM D 25. Sawn timber elements shall conform to DOC PS-20. Timber deep foundation elements shall not be used in structures assigned to Seismic Design Category D, E or F.
CALIFORNIA HISTORICAL BUILDING CODE
151.014 ADOPTION OF CALIFORNIA HISTORICAL BUILDING CODE The 2022 California Historical Building Code (CHBC) as published by the International Code Council is hereby adopted by reference and shall become the historical building code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the City. The 2021 California Historical Building Code is on file for public examination in the office of the Building Official.
CALIFORNIA EXISTING BUILDING CODE
151.015 ADOPTION OF CALIFORNIA EXISTING BUILDING CODE
The 2022 California Existing Building Code (CEBC), incorporating the 2018 International Existing Building Code, as published by the International Code Council is hereby adopted by reference and shall become the existing building code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the City. The 2021 California Existing Building Code is on file for public examination in the office of the Building Official.
CALIFORNIA ENERGY CODE
151.017 ADOPTION OF CALIFORNIA ENERGY CODE
The 2022 California Energy Code (CEC), as published by the International Code Council, is hereby adopted by reference and shall become the energy code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the City. The 2021 California Energy Code is on file for public examination in the office of the Building Official.
CALIFORNIA MECHANICAL CODE
151.020 ADOPTION OF CALIFORNIA MECHANICAL CODE
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The 2022 California Mechanical Code (CMC), incorporating the 2021 Uniform International Mechanical Code, as published by the International Association of Plumbing and Mechanical Officials, is hereby adopted by reference and shall become the mechanical code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the City. The 2021 California Mechanical Code is on file for public examination in the office of the Building Official.
CALIFORNIA PLUMBING CODE
151.025 ADOPTION OF CALIFORNIA PLUMBING CODE
The 2022 California Plumbing Code (CPC), incorporating the 2021 International Plumbing Code, as published by the International Association of Plumbing and Mechanical Officials is hereby adopted by reference and shall become the plumbing code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the City. The 2021 California Plumbing Code is on file for public examination in the office of the Building Official.
CALIFORNIA ELECTRICAL CODE
151.030 ADOPTION OF CALIFORNIA ELECTRICAL CODE
The 2022 California Electrical Code (CEC), incorporating the 2020 National Electrical Code including all Appendix Chapters published by the National Fire Protection Association, as modified by the State of California, is hereby adopted by reference and shall become the electrical code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the City. The 2020 California Building Codes is on file for public examination in the office of the Building Official.
CALIFORNIA RESIDENTIAL CODE
151.040 ADOPTION OF CALIFORNIA RESIDENTIAL CODE
Except as provided in this chapter, the 2022 California Residential Code (CRC), incorporating the 2021 International Residential Code, as published by the International Code Council, and as amended herein, is hereby adopted by reference shall become the residential building code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and
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maintenance of all buildings and/or structure in the City. The 2021 California Residential Code is on file for public examination in the office of the Building Official.
151.041 AMENDMENTS AND ADDITIONS TO RESIDENTIAL CODE
(A) Chapter 3, Section R301.1.3.2 is amended to read as follows:
R301.1.3.2 Woodframe structures greater than two-stories. The building official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of woodframe construction more than two stories and basement in height located in Seismic Design Category A, B or C. Notwithstanding other sections of law; the law establishing these provisions is found in Business and Professions Code Sections 5537 and 6737.1.
The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of woodframe construction more than one story in height or with a basement located in Seismic Design Category D0, D1, or D2.
(B) Chapter 4, Section R401.1 is amended to read as follows:
R401.1 Application. The provisions of this chapter shall control the design and construction of the foundation and foundation spaces for buildings. In addition to the provisions of this chapter, the design and construction of foundations in flood hazard areas as established by Table R301.2(1) shall meet the provisions of Section R322. Wood foundations shall be designed and installed in accordance with AWC PWF.
Exception: The provisions of this chapter shall be permitted to be used for wood foundations only in the following situations:
1. In buildings that have no more than two floors and a roof.
2. When interior basement and foundation walls are constructed at intervals not exceeding 50 feet (15 240 mm).
Wood foundations in Seismic Design Category D 0, D1, or D 2 shall be designed in accordance with accepted engineering practice not be permitted.
Exception: In non-occupied, single-story, detached storage sheds and similar uses other than carport or garage, provided the gross floor area does not exceed 200 square feet, the plate height does not exceed 12 feet in height above the grade plane at any point, and the maximum roof projection does not exceed 24 inches.
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(C) Chapter 4, Section R404.2 is amended to read as follows:
R404.2 Wood foundation walls. Wood foundation walls shall be constructed in accordance with the provisions of Sections R404.2.1 through R404.2.6 and with the details shown in Figures R403.1(2) and R403.1(3). Wood foundation walls shall not be used for structures located in Seismic Design Category D0, D1 or D2. (D) Chapter 6, Lines 19, 20, 23 and 33 – 36 of Table R602.3(1) are amended to read as follows:
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TABLE R602.3(1)—
continued FASTENING
SCHEDULE
ITEM DESCRIPTION OF
BUILDING ELEMENTS
NUMBER AND TYPE OF
FASTENERa, b, c
SPACING AND
LOCATION
19 k 1" × 6" sheathing to each
bearing
3-8d box (21/2" × 0.113"); or
2-8d common (21/2" ×
0.131"); or 2-10d box
(3" × 0.128"); or
2 staples, 1" crown, 16 ga., 13/4"
long
Face nail
3-8d box (21/2" × 0.113"); or
3-8d common (21/2" ×
0.131"); or 3-10d box
(3" × 0.128"); or
3 staples, 1" crown, 16 ga., 13/4"
long
20 k 1" × 8" and wider sheathing
to each bearing
Wider than 1" × 8"
4-8d box (21/2" × 0.113"); or
3-8d common (21/2" ×
0.131"); or 3-10d box
(3" × 0.128"); or
4 staples, 1" crown, 16 ga., 13/4"
long
Face nail
Floor
23 k 1" × 6" subfloor or less to
each joist
3-8d box (21/2" × 0.113"); or
2-8d common (21/2" ×
0.131"); or 3-10d box
(3" × 0.128"); or
2 staples, 1" crown, 16 ga., 13/4"
long
Face nail
Other wall
sheathingg
33 k 1/2" structural
cellulosic
fiberboard
sheathing
11/2" galvanized roofing nail,
7/16" head diameter, or 11/4" long
16 ga. staple with 7/16" or 1"
crown
3 6
34 k 25/32" structural
cellulosic
fiberboard
sheathing
13/4" galvanized roofing nail, 7/16"
head diameter, or 11/2" long 16
ga. staple with 7/16" or 1" crown
3 6
35 k 1/2" gypsum sheathingd 11/2" galvanized roofing nail; staple galvanized, 11/2" long; 11/4"
screws, Type W or S
7 7
36 k 5/8" gypsum sheathingd 13/4" galvanized roofing nail; 7 7
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staple galvanized, 15/8" long; 15/8"
screws, Type W or S
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 mile per hour = 0.447 m/s; 1 ksi =
6.895 MPa.
TABLE R602.3(1)—
continued
FASTENING
SCHEDULE
a. Nails are smooth-common, box or deformed shanks except where otherwise stated. Nails used for framing and sheathing connections shall have minimum average bending yield strengths as shown: 80 ksi for shank diameter of 0.192 inch (20d common nail), 90 ksi for shank diameters larger than 0.142 inch but not larger than 0.177 inch, and 100 ksi for shank diameters of 0.142 inch or less.
b. Staples are 16 gage wire and have a minimum 7/16-inch on diameter crown width.c. Nails shall be spaced at not more than 6 inches on center at all supports where spans are 48 inches or greater. d. Four-foot by 8-foot or 4-foot by 9-foot panels shall be applied vertically. e. Spacing of fasteners not included in this table shall be based on Table R602.3(2).
f. For wood structural panel roof sheathing attached to gable end roof framing and to intermediate supports within 48 inches of roof edges and ridges, nails shall be spaced at 6 inches on center where the ultimate design wind speed is less than 130 mph and shall be spaced 4 inches on center where the ultimate design wind speed is 130 mph or greater but less than 140 mph. g. Gypsum sheathing shall conform to ASTM C1396 and shall be installed in accordance with GA 253. Fiberboard sheathing shall conform to ASTM C208. h. Spacing of fasteners on floor sheathing panel edges applies to panel edges supported by framing members and required blocking and at floor perimeters only. Spacing of fasteners on roof sheathing panel edges applies to panel edges supported by framing members and required blocking. Blocking of roof or floor sheathing panel edges perpendicular to the framing members need not be provided except as required by other provisions of this code. Floor perimeter shall be supported by framing members or solid blocking. i. Where a rafter is fastened to an adjacent parallel ceiling joist in accordance with this schedule, provide two toe nails on one side of the rafter and toe nails from the ceiling joist to top plate in accordance with this schedule. The toe nail on the opposite side of the rafter shall not be required. j. RSRS-01 is a Roof Sheathing Ring Shank nail meeting the specifications in ASTM F1667.
k. Use of staples in braced wall panels shall be prohibited in Seismic Design Category D0, D1, or D2.
(E) Chapter 6, Table R602.3(2) shall have the following language added to the table footnotes to read as follows:
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b. Staples shall have a minimum crown width of 7/16-inch on diameter except as noted. Use of staples in roof, floor, subfloor, and braced wall panels shall be prohibited in Seismic Design Category D0, D1, or D2.
(F) Chapter 8, Section R803.2.4 is amended to read as follows:
R803.2.4 Openings in horizontal diaphragms. Openings in horizontal diaphragms shall conform with Section R503.2.4.
CALIFORNIA GREEN BUILDING STANDARDS CODE
151.050 ADOPTION OF CALIFORNIA GREEN BUILDING STANDARDS CODE Except as provided in this chapter, those certain building codes known and designated as the 2022 California Green Building standards Code (CGBC), is hereby adopted by reference and shall become the green building standards code of the City of Indio for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy equipment use, height, area and maintenance of all buildings and/or structure in the City. The 2021 California Green Building Standards Code is on file for public examination in the office of the Building Official.
INTERNATIONAL PROPERTY MAINTANCE CODE
151.055 ADOPTION OF INTERNATIONAL PROPERTY MAINTENANCE CODE The 2022 International Property Maintenance Code as published by the International Code Council is hereby adopted by reference and shall apply to all existing residential and non-residential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary maintenance; the responsibility of owners, an owner’s authorized agent, operators and occupants.; the occupancy of existing structures and premises, and for administration, enforcement and penalties. The 2021 International Property Maintenance Code is on file for public examination in the office of the Building Official.
Section 4.Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect
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the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 5.The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted in the manner prescribed by law.
PASSED, APPROVED, and ADOPTED this 19th day of October 2022. ___________________________
WAYMOND FERMON, MAYOR
ATTEST:
____________________________
CYNTHIA HERNANDEZ, CITY CLERK/CMC
APPROVED AS TO FORM:
_____________________________
CITY ATTORNEY, CITY ATTORNEY
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City Council
October 5, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Bryan White, Fire Chief
Subject: Ordinance No. 1785 adopting by reference the 2022 edition of the California Fire Code with amendments and making findings that modifications to the California Fire Code are reasonably necessary because of local conditions.
RECOMMENDATION:
That the City Council: 1. Introduce the Ordinance No. 1785, waive full reading making express finding that modification to the California Fire Code. 2. Waive full reading of the text and introduce the Ordinance No. 1785 by reference the 2022 edition of the California Fire Code as amended and request the City Clerk to read the ordinance by title only.
SUMMARY:
The proposed ordinance adopts the most recent edition of the California Fire Code with the necessary local amendments. This code relates to fire and life safety
BACKGROUND INFORMATION:
California State law mandates that every three years the California B uilding Standards Commission publish the California Building Standards Code. The 2022 Edition of the California Building Standards Code and Code Fire California the incorporates Regulations Title of Code in (codified 24) automatically becomes effective sta tewide on January 1, 2023. Any city, however, may amend the California Building Standards Code (including provisions of the California Fire Code) if the amendment is necessary because of local climatic, geological or topographical conditions. If the City fails to adopt those local amendments by January 1, 2023, the codes published by the state will become law automatically and the City will lose its ability to enforce its local amendments. The list below identifies the model codes upon which the 2022 California Fire Code is based:
California Fire Code: 2022 California Fire Code
Reference Model Code: 2021 International Fire Code (IFC)
The proposed ordinance amends Chapter 93 of the Indio Municipal Code and repeals the prior edition of the Fire Code and adopts by reference, with amendments, the 2022 California Fire Code
The Benefit of adopting the code is to provide building and fire inspectors/ officials with further clarification of the intent and the applicability of the California Fire Code when presented with a variety of Fire & Life Safety issues.
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Ordinance No. 1785 adopting by reference the 2022 edition of the Califor... Page 512 of 527 Staff also recommends amendment and modifications to the 2022 California Fire Code due to local climatic, geological and topographical conditions in the City of Indio. These proposed amendments are also consistent with Riverside County and other local cities within Riverside County.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective:
Source of funds: N/A Fund-Org-Object
Reference:
N/A
Additional Financial Details:
City Council Resolution No. 9584 established the Fire Department Fee Schedule for Plan Check and Permit Fees. No changes to this are proposed.
ALTERNATIVES:
Take no action. This would result in the automatic adoption of the California Fire Code without the City's local amendments required by the City's local conditions.
ATTACHMENTS:
Attachment 1- Ordinance No. 1785
APPROVAL(S):
Bryan White, Fire Chief Approved - 27 Sep 2022
City Attorney, City Attorney Approved - 28 Sep 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 29 Sep 2022 Bryan H. Montgomery, City Manager Approved - 29 Sep 2022
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ATTACHMENT “B”
ORDINANCE NO. 1785
AN ORDINANCE OF THE COUNCIL OF THE CITY OF INDIO ADOPTING BY REFERENCE THE 20 22 CALIFORNIA FIRE CODE TOGETHER WITH CERTAIN APPENDICES AND AMENDMENTS AND PENALTIES; AND AMENDING CHAPTER 93
OF THE INDIO MUNICIPAL CODE
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 93 (Fire Code) of Title IX (General Regulations) of the Indio Municipal Code is hereby repealed; provided, however, that such repeal shall not affect or excuse any violation of any said Chapter or codes occurring prior to the effective date of the ordinance adopting this provision.
Section 2. A new Chapter 93 (Fire Code) is hereby added to Title IX (General Regulations) of the Indio Municipal Code to read as follows:
CHAPTER 93: FIRE CODE
93.01 Adoption
93.02 Enforcement
93.03 Definitions
93.04 Establishment of geographic limits in which the storage of Class I and Class II liquids in aboveground tanks outside of buildings are prohibited
93.05 Establishment of geographic limits in which the storage of liquefied petroleum gas is prohibited
93.06 Establishment of geographic limits in which the storage of explosives and blasting agents are prohibited
93.07 Amendments and Additions to the Fire Code
93.08 Fire Apparatus
93.99 Penalty
SECTION 93.01 ADOPTION.
Except as hereinafter provided, all of the provisions and Appendices B, BB, C, CC, and H of the 20 22 California Fire Code, based on the 20 21 International Fire Code, published by the International Code Council, inclusive of all of the inclusions and exclusions set forth in each chapter’s matrix, are hereby adopted by reference and incorporated herein as though fully set forth herein and shall constitute the Fire Code of the City of Indio. (“Fire Code”). In addition, the following provisions that were excluded in the 2022 California Fire
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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 adopt ed; Chapters 3, 25, and Sections 403.11 , 503, and 510.2, and Sections 1103.2 and 5707 are adopted. Such provisions shall be part of the Fire Code. Said Fire Code is for the purpose of prescribing regulations governing the safeguarding of life and property from fire and explosion, hazards arising from the storage, handling and use of hazardous substances, materials, devices, and from conditions hazardous to life and property in the occupancy of buildings and premises as herein provided and for provi ding for the issuance of permits. A copy of the Fire Code shall be maintained in the office of the City Clerk and shall be made available for public inspection.
SECTION 93.02 ENFORCEMENT.
The Fire Code shall be enforced by the Fire Chief.
SECTION 93.03 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
JURISDICTION. The City of Indio.
CORPORATE COUNSEL. The City Attorney for the City of Indio.
ALTERATION OR ALTERED. Any change, addition, or modification in construction or occupancy or structural repair or change in primary function to an existing structure made by, on behalf of, or for the use of a public accommodation, or commercial facility or part thereof. Alterations include, but are not limited to; remodeling, renovation, rehabilitation, reconstruction, historic restoration, fire damage restoration, changes or rearrangement of the structural parts or elements, and changes or rearrangement in the plan configuration of walls and full height partitions.
SECTION 93.04 ESTABLISHMENT OF GEOGRAPHIC LIMITS IN WHICH THE
STORAGE OF CLASS I AND CLASS II LIQUIDS IN ABOVE-GROUND TANKS OUTSIDE OF BUILDINGS ARE PROHIBITED.
The location referred to in Section 5704.2.9.6.1 of the California Fire Code in which storage of Class I and Class II liquids in above-ground tanks outside of buildings are prohibited are hereby as follows: RL, RM, RH, NC, CC, RM-MHDE-1, DET-3, SN-4, SN-8, CN-14, CN-20, MUN, MT.
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SECTION 93.05 ESTABLISHMENT OF GEOGRAPHIC LIMITS IN WHICH THE STORAGE OF LIQUEFIED PETROLEUM GAS IS PROHIBITED:
The location referred to in Section 6104.2 of the California Fire Code in which the storage of liquefied petroleum gas is prohibited are hereby as follows: RL, RM, RH, NC, CC, P, CO, RM-MH, EE.
SECTION 93.06 ESTABLISHMENT OF GEOGRAPHIC LIMITS IN WHICH THE STORAGE OF EXPLOSIVES AND BLASTING AGENTS ARE PROHIBITED:
The location referred to in Chapter 56 of the California Fire Code in which the storage of explosives and blasting agents are prohibited are hereby as follows: RL, RM, RH, NC, CC, P, CO, RM-MH, EE, RC.
SECTION 93.07 AMENDMENTS AND ADDITIONS TO THE FIRE CODE A. Chapter 1 SCOPE AND ADMINISTRATION.
(1) Section 101.4 of the California Fire Code is deleted in its entirety and replaced with the following:
Section 101.4 Severability
(1) If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance.
The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable.
(2) Section 102.5 of the California Fire Code is amended as follows:
Section 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,
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premises identification, fire apparatus access and water supplies.
Where interior or exterior systems or devices are installed, construction permits required by Section 105.6 of this code shall apply.
2) Administrative, operational and maintenance provisions of this code shall apply.
3) Automatic fire sprinkler system requirements of this code shall apply to detached accessory buildings 3,600 square feet or greater in accordance with Section 903.2. The provisions contained in Section 903.2.18 of the California Fire Code or Section R309.6 of the California Residential Code may be used for the design of the automatic fire sprinkler system for detached private garages.
(3) Section 103.2 is deleted in its entirety.
(4) Section 104.1.1 is hereby added to the Fire Code is to read as follows:
Section 104.1.1 Authority of the fire chief and fire department.
The Fire Chief is authorized to administer, interpret, and enforce the Indio Fire Code. Under the Fire Chief’s direction, the Riverside County Fire Department is authorized to enforce all ordinances of the City of Indio pertaining to:
1) The prevention of fires.
2) The suppression or extinguishment of dangerous or
hazardous fires.
3) The storage, use, and handling of hazardous materials. 4) The installation and maintenance of automatic, manual, and other private fire alarm systems and fire extinguishing equipment.
5) The maintenance and regulation of fire escapes.
6) The maintenance of fire protection and the elimination of fire hazards on land and in buildings, structures, and other property, including those under construction.
7) The maintenance of means of egress.
8) The investigation of the cause, origin, and circumstance of fire and unauthorized releases of hazardous materials.
(5) Secti on 104.3.2 is hereby added to the Fire Code to read as follows:
Section 104.3.2 Fire department personnel and peace officers. 1) The Fire Chief and his or her designees are authorized and directed to enforce all applicable State fire laws and the provisions of this
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code and shall perform such related duties as may be fixed by the City Council, and for such purposes, he or she shall have the power of a peace officer.
2) The following persons are hereby authorized to interpret and enforce the provisions of the Indio Fire Code and to make arrests and issue citations as authorized by law.
1. The Unit Chief and Peace Officers and public officers of the California Department of Forestry and Fire Protection
(CALFIRE).
2. The Fire Chief, Peace Officers, and Public Officers of the Riverside County Fire Department.
3. The Police Chief and any Police Officer of any city served by Riverside County Fire Department.
4. The Fire Code Official and members of the Fire Prevention Bureau that serves the City of Indio.
5. Officers of the California Highway Patrol.
6. The law enforcement officers of the Federal Bureau of Land Management.
(6) Section 104.7 and 104.7.1 is deleted in its entirety and replaced with the following:
Section 104.7 Liability.
(1) Any liability against the City of Indio or Riverside County or State of California or any officer or employee for damages resulting from the discharge of their duties shall be as provided by law.
(7) Section 105.4.7 is hereby added to the Fire Code to read as follows:
Section 106.5 Commencement of work.
The construction or installation of any fire protection system shall not be permitted without approved plans. Beginning work prior to approval of plans will result in a triple (300%) permit fee and/or inspection being charged unless prior approval has been granted by the fire code official. (8) Section 107.2 is deleted in its entirety and replaced with the following:
Section 107.2 Schedule of permit fee.
A fee shall be charged for services and each permit issued. The fee schedule shall be established by the City Council of the City of Indio. (9) Section 107.7 is hereby added to the Fire Code to read as follows:
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Section 107.7 Cost recovery.
Fire suppression, investigation and rescue or emergency medical costs which are recoverable shall be recoverable in accordance with California Health and Safety Code Sections 13009 and 13009.1.
Any person who negligently or intentionally, or in violation of law, causes an emergency response, including but not limited to, a traffic accident or spill of toxic or flammable fluids or chemicals, is liable for the costs of securing such emergency, including those costs set out in Government Code Section 53150, et seq. Any expense incurred by the fire department for securing such an emergency shall constitute a debt of such person and shall be collectable by the City of Indio, in the same manner as in the case of an obligation under contract, expressed or implied.
(10) Sections 111.1, 111.2, 111.3 and 111.4 are deleted in their entirety and replaced with the following:
Section 111.1 Board of appeals established.
The Board of Appeals shall be established as set forth in Title III; Administration, Chapter 32.95 of the City of Indio Municipal Code, Indio Consolidated Appeals Board.
(11) S ection 112.4 is deleted in its entirety and replaced with the following:
Section 112.4 Penalties.
Penalties shall be identified as set forth in Section 93.99 of this Ordinance.
B. Chapter 2 DEFINITIONS
(1) Section 202, definition of “Fire Chief” in the California Fire Code is deleted in tis entirety and replaced with the following:
Section 202 General definitions.
FIRE CHIEF OR CHIEF. The person designated as the Fire Chief of the County of Riverside or his or her authorized designee.
C. Chapter 3 General Requirements
(1) Section 308.1.6.3 is deleted in its entirety and replaced with the following:
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Section 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.
D. Chapter 5 FIRE SERVICE FEATURES
(1) Section 503.2.1 is deleted in its entirety and replaced with the following:
Section 503.2.1 Dimensions.
Fire apparatus access roads shall have an unobstructed width of not less than 24 feet, 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. 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 is deleted in its entirety and replaced with the following:
Section 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) Secti on 503.6.1 is hereby added to the Fire Code to read as follows:
Section 503.6.1 Automatic opener.
New motorized gates shall be provided with means to be automatically opened remotely by emergency vehicles 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) Section 503.7 is hereby added to the Fire Code to read as follows:
Section 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.
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(5) Section 507.5.7 is hereby added to the Fire Code to read as follows:
Section 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:
a. Hydrant Standard – one (1) four (4) inch outlet and two (2) two and one half (2 ½) inch outlet.
b. Hydrant Enhanced – two (2) four (4) inch outlet and one (1) two and one half (2 ½) inch outlet.
(6) Section 507.5.8 is hereby added to the Fire Code to read as follows:
Section 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 street construction or repair shall be immediately replaced by the contractor, developer or person responsible for removal or damage. (7) Section 508.1 is deleted in its entirety and replaced with the following:
Section 508.1 General.
Where required by other sections of this code and in all buildings classified as high-rise buildings by the California Building Code, in all buildings greater than 300,000 square feet (27 870 m2), 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 shall comply with Sections 508.1.1 through 508.1.7.
(8) Section 508.1.1 is deleted in its entirety and replaced with the following:
Section 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 fire command center shall have direct access from the building exterior at the lowest level of fire department access.
(9) Section 508.1.3 of the California Fire Code is amended to add the following:
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508.1.3 Size. The fire command center shall be not less than 0.015 percent of the total building area of the facility served or 200 square feet (19 m2) in area, whichever is greater, with a minimum dimension of 0.7 times the square root of the room area or 10 feet (3048 mm), whichever is greater.
Where a fire command center is solely required because a building is greater than 300,000 square feet (27 870 m2), the fire command center shall have a minimum size of 96 square feet (9 m2) with a minimum dimension of 8 feet (2438 mm) where approved by the fire code official.
(10) Section 509.2.1 is hereby added to the Fire Code to read as follows:
Section 509.2.1 Minimum clearances.
A 3-foot 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.
E. Chapter 6 BUILDING SERVICES AND SYSTEMS
(1) Section 608.11.1.2 is deleted in its entirety and replaced with the following:
Section 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.
F. Chapter 9 FIRE PROTECTION SYSTEMS
(1) Section 903.2 of the Fire Code is deleted in its entirety and replaced with the following:
Section 903.2 Where required.
1) In all new buildings and structures which are 3,600 square feet or greater an approved automatic sprinkler system shall be provided regardless of occupancy classification. Where the California Fire Code requires more restrictive requirements in Sections 903.2.1 – 903.2.21, the more restrictive requirement shall take precedence. 2) In an existing building hereafter remodeled or altered where the required fire flow exceeds or is changed to exceed 2,500 GPM, an
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automatic fire sprinkler system shall be installed in accordance with the provisions of this section.
1. To determine the required fire flow for the purposes of when an automatic fire sprinkler system is required in an existing building, the fire code official shall be guided by California Fire Code, Appendix B, and the Insurance Services Office method, 2014 Edition.
2. Each portion of a building separated by one or more fire walls may be considered a separate fire flow calculation area, provided the fire wall are of masonry construction (4-hour fire rating), contain no openings and are constructed in accordance with the California Building Code.
3. One- and two-family dwellings shall have an automatic fire sprinkler system regardless of square footage in accordance with the California Residential Code. Fire sprinkler systems shall be installed in mobile homes, manufactured homes, and multifamily manufactured homes with two dwelling units in accordance with Title 25 of the California Code of Regulations.
3) Exception: Unless required elsewhere in this code or the California Building Code, automatic fire sprinkler systems shall not be required for the following:
1. D etached Group U occupancies used for agricultural
purposes constructed in accordance with the California
Building Code.
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.
(2) Paragraph 2 of Section 903.2.3 is hereby amended by deleting the exception listed therein.
(3) Section 903.2.11.3 is hereby deleted in its entirety and replaced with the following:
Section 903.2.11.3 Buildings 55 feet or more in height.
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An automatic sprinkler system shall be installed throughout buildings that have one or more stories with an occupant load of 30 or more located 55 feet (16 764 mm) or more above the lowest level of fire department vehicle access, measured to the finished floor.
Exceptions:
1. Open parking structures.
(4) Section 903.3.5.3 is hereby added to the Fire Code to read as follows:
Section 903.3.5.3 Hydraulically calculated systems.
The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.
G. C hapter 32 HIGH-PILED COMBUSTIBLE STORAGE
(1) Section 3204.2.1 is hereby added to the Fire Code to read as follows:
Section 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 on-site 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 referenced design document(s), including NFPA 13 or the current applicable factory mutual data sheets. 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.
H. Chapter 56 EXPLOSIVES AND FIREWORKS
(1) Section 5608.2 is hereby added to the Fire Code to read as follows:
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Section 5608.2 Safe and Sane Fireworks.
Safe and Sane Fireworks shall be permitted as set forth in Title IX; General Regulations, Chapter 101 of the City of Indio Municipal Code, Safe and Sane Fireworks.
I. APPENDIX B
(1) Table B105.2 is deleted in its entirety and replaced with the following:
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)a 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 1,500 gallons per minute.
J. APPENDIX C
(1) Section 103.1 is deleted in its entirety and replaced with the following:
Section 103.1 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 also be provided at street intersections.
§ 93.08 FIRE APPARATUS.
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(A) In all locations where access for fire apparatus for fire suppression or rescue purposes is unduly difficult or subject to obstruction, the Fire Chief may designate fire lanes and cause them to be posted as such.
(B) No person shall obstruct such fire lanes in any manner that would deter or hinder the Fire Department from gaining immediate access and use of such designated fire lanes. § 93.99 PENALTIES.
(A)(1) It shall be unlawful for any person, firm, corporation, or association of persons to violate any provision of this Chapter, or to violate the provisions of any permit granted pursuant to this ordinance. Any person, firm, corporation, or association of persons violating any provision of this Chapter, or the provisions of any permit granted pursuant to this ordinance, shall be deemed guilty of an infraction or misdemeanor as herein after specified.
Such person or entity shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this Chapter or the provisions of any permit granted pursuant to this Chapter , is committed, continued, or permitted. In addition, any violation of any of the code adopted herein is a nuisance tha t may be abated as such pursuant to the provisions of this Municipal Code. (2) Any person, firm, corporation, or association of persons so convicted shall be:
(1) guilty of an infraction offense and punished by a fine not exceeding two hundred dollars ($200.00) for a first violation; (2) guilty of an infraction offense and punishable by a fine now exceeding three hundred dollars ($300.00) for a second violation on the same site. The third and any additional violations on the same site shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or six 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 or entity from the responsibility for correcting the violation.
(B) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
Section 3. The City Clerk shall certify to the ad option of this Ordinance and shall cause the same to be published or posted in the manner prescribed by law.
Section 4. Effective Date. This ordinance shall go into effect on November 19, 2022.
PASSED, APPROVED AND ADOPTED this 19
th day of October 2022.
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________________________________
WAYMOND FERMON, MAYOR
ATTEST:
____________________________________
CYNTHIA HERNANDEZ, CITY CLERK/CMC
APPROVED AS TO FORM:
_____________________________
STEVEN GRAHAM, CITY ATTORNEY
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