Agenda packet, regular meeting — Palm Desert City Council, October 10, 2024 (part 3 of 3)

Section Scope Requirements Sheet # Comment
Division 4.4–Material Conservation & Resource Efficiency

4.406.1 Rodent Proofing
Annular spaces around pipes, electric cables, conduits or other openings in sole/bottom plates at exterior walls shall be closed with cement mortar, concrete masonry or a similar method acceptable to the enforcing agency to prevent passage of rodents.

4.408.1 Construction
Waste Reduction
• Recycle and/or salvage for reuse a minimum of 65% of the nonhazardous construction and demolition waste in accordance with either Section 4.408.2, 4.408.3 or 4.408.4; OR meet a more stringent local construction and demolition waste management ordinance. • Documentation is required per Section 4.408.5.

Exceptions:

1.Excavated soil and land-clearing debris.

2. Alternative waste reduction methods developed by working with local enforcing agencies if diversion or recycle facilities capable of compliance with this item do not exist or are not located reasonably close to the jobsite.

3. The enforcing agency may make exceptions to the requirements of this section when isolated jobsites are located in areas beyond the haul boundaries of the diversion facility.

4.408.2
Construction
Waste
ManagementPlan
Submit a construction waste management plan meeting Items 1 through 5 in Section 4.408.2. Plans shall be updated as necessary and shall be available for examination during construction.

4.408.3
Waste
Management
Company
Utilizeawastemanagementcompany, approvedby the enforcingagency,which can provide verifiabledocumentationthat the percentageof construction and demolitionwastematerialdivertedfromthelandfillcomplieswithSection4.408.1.

4.408.4
&

4.408.4.1
Waste
stream
Reduction
Alternative
• Low-rise residential projects that generate a total combined weight of construction and demolition waste disposed in landfills, which do not exceed 3.4 pounds per square foot of the building area, shall meet the minimum 65% construction waste reduction requirement in Section

4.408.1.
• Projects that generate a total combined weight of construction and demolition waste disposed in landfills, which do not exceed 2 pounds per square foot of the building area, shall meet the minimum 65% construction waste reduction requirement in Section 4.408.1.

4.408.5 Do
cumentation
Documentationshallbe providedto theenforcing agency which demonstrates compliancewithSection4.408.2, Items1through5, Section4.408.3or Section4.408.4.

Division 4.4 – Building Maintenance & Operation

4.410.1
Operations &
Maintenance
Manual
At the time of final inspection, a manual, compact disc, web-based reference or other media acceptable to the enforcing agency which covers 10 specific subject areas shall be placed in the building.

4.410.2 Recycling by
Occupants
Where 5 or more multifamily dwelling units are constructed on a building site, provide readily accessible area(s) that serves all buildings on the site and is identified for the depositing, storage and collection of non-hazardous materials for recycling, including (at minimum) paper, corrugated cardboard, glass, plastics, organic waste, and metals or meet a lawfully enacted local recycling ordinance, if more restrictive. Exception: Rural jurisdictions that meet and apply for the exemption in Public Resources Code Section 42649.82 (a)(2)(A) et. seq. are not required to comply with the organic waste portion of this section.

Page 5 of 7 ends

Section Scope Requirements Sheet # Comment Division 4.5 – Environmental Quality (Fireplaces) 4.503.1 General Any installed gas fireplace shall be a direct-vent sealed-combustion type.

Any installed woodstove or pellet stove shall comply with U.S. EPA New Source Performance Standards (NSPS) emission limits as applicable, and shall have a permanent label indicating they are certified to meet the emission limits. Woodstoves, pellet stoves and fireplaces shall also comply with all applicable local ordinances.

Division 4.5–Environmental Quality (Pollutant Control)

4.504.1
Protection
During
Construction
At the time of rough installation, during storage on the construction site and until final startup of the heating, cooling and ventilating equipment, all duct and other related air intake and distribution component openings shall be covered. Tape, plastic, sheet metal or other methods acceptable to the enforcing agency to reduce the amount of water, dust and debris entering the system may be used.

4.504.2.1
Adhesives,
Sealants and
Caulks
Adhesives,sealants andcaulksusedonthe projectshallmeetthe requirementsof thefollowing standards unlessmore stringentlocalor regionalair pollutionorair quality managementdistrict rules apply:

1.Adhesives, adhesives bonding primers, adhesive primers,sealants, sealant primers, andcaulksshallcomplywithlocalor regionalair pollutioncontrolorair qualitymanagementdistrict ruleswhere applicable,orSCAQMD Rule 1168VOC limits,asshowninTables

4.504.1or4.504.2as applicable.Such productsshall alsocomplywith Rule 1168 prohibitionontheuseof certaintoxiccomponents
(chloroform,ethylene,dichloride,methylenechloride, perchloroethylene, and trichloroethylene),exceptfor aerosol products
asspecified in
subsection2 below.

2.Aerosol adhesives, andsmaller unitsizesof adhesives, andsealantor caulking compounds(in unitsof product,lesspackaging,whichdonot weighmorethan one pound anddo not consistofmore than16fluid ounces)shallcomply statewide VOC standards andother requirements, including prohibitionson useofcertain toxic compounds,of California Codeof Regulations,Title17,commencingwith Section 94507.

4.504.2.2
Paints and
Coatings
Architectural paints andcoatings shallcomplywithVOC limits inTable1of theARB ArchitecturalSuggested ControlMeasuresasshown inTable

4.504.3 unlessthemore stringentlocallimits apply.TheVOCcontentlimitfor coatingsthat do notmeetthe definitionsforthespecialtycoatingscategories listed inTable4.504.3shall be determinedbyclassifyingthecoatingas Flat, Nonflat,or Nonflat-High Glosscoating, basedonits glossas defined in subsections4.21,4.36, and4.37of the 2007
CaliforniaAirResourcesBoard,Suggested ControlMeasure, andthe corresponding Flat, Nonflat,or Nonflat-High GlossVOClimit in4.504.3shall comply.

4.504.2.3
AerosolPaints
and
Coatings
Aerosol paints and coatings shall meet the Product-Weighted MIR Limits for ROC in Section 94522(a)(2) and other requirements, including prohibitions on use of certain toxic compounds and ozone depleting substances, in Section 94522(e)(1) and (f)(1) of the CCR, Title 17, commencing with Section 94520; and in areas under the jurisdiction of the Bay Area Air Quality Management District shall additionally comply with the percent VOC by weight of product limits of Regulation 8, Rule 49.

4.504.3
Carpet
Systems
Carpet installed in the building interior shall meet the testing and product requirements of 1 of the following: 1. Carpet and Rug Institute’s Green Label Plus Program 2. California Department of Public Health, “Standard Method for the Testing and Evaluation of Volatile Organic Chemical Emissions from Indoor Sources Using Environmental Chambers,” Version 1.1, February 2010 (also known as Specification 01350) 3. NSF/ANSI 140 at the Gold level

4. Scientific Certifications Systems Indoor Advantage™ Gold.

Division 4.5–Environmental Quality (Pollutant Control)

4.504.3.1 Carpet Cushion
Allcarpetcushioninstalled inthebuildinginteriorshallmeettherequirementsof the Carpet and RugInstituteGreenLabelProgram.

Page 6 of 7 ends

Section Scope Requirements Sheet # Comment
Division 4.5 – Environmental Quality (Pollutant Control) – Cont’d

4.504.3.2 Carpe
t
Adhesive
Allcarpet adhesivesshallmeet the requirementsofTable4.504.1.

4.504.4
Resilient
Flooring
Systems
Where resilient flooring is installed, at least 80% of floor area receiving resilient flooring shall comply with one or more of the following:

1. Products compliant with the California Department of Public Health, “Standard Method for the Testing and Evaluation of Volatile Organic Chemical Emissions from Indoor Sources Using Environmental Chambers,” Version 1.1, February 2010 (also known as Specification 01350), certified as a CHPS Low-Emitting Material in the Collaborative for High Performance Schools (CHPS) High Performance Products Database.

2. Products certified under UL GREENGUARD Gold (formerly the Greenguard Children & Schools Program)

3. Certification under the Resilient Floor Covering Institute (RFCI) FloorScore program 4. Meet the California Department of Public Health, “Standard Method for the Testing and Evaluation of Volatile Organic Chemical Emissions from Indoor Sources Using Environmental Chambers,” Version 1.1, February 2010 (also known as Specification 01350)

4.504.5
Composite
Wood Produc
ts
• Hardwood plywood, particleboard and medium density fiberboard composite wood products used on the interior or exterior of the building shall meet the requirements for formaldehyde as specified in the Air Resources Board’s Air Toxics Control Measure for Composite Wood (17 CCR 93120 et. seq.), as shown in Table 4.504.5. Documentation is required per Section 4.504.5.1.
• Definition of Composite Wood Products: Composite wood products include hardwood plywood, particleboard, and medium density fiberboard. “Composite wood products” do not include hardboard, structural plywood, structural panels, structural composite lumber, oriented strand board, glued laminated timber, prefabricated wood Ijoists, or finger-joined lumber, all as specified in CCR, Title 17, Section 93120.1(a).

4.504.5.1 Documentation Verification of compliance shall be provided as requested by the enforcing agency, and as required in Section 4.504.5.1.

Division 4.5–Environmental Quality (InteriorMoistureControl)

4.505.2 Con
creteSlab
Foundations
Concrete slab foundations or concrete slab-on-ground floors required to have a vapor retarder by the California Building Code, Chapter 19, or the California Residential Code, Chapter 5, respectively, shall also comply with this section.

4.505.2.1 CapillaryBreak
A capillary break shall be installed in compliance with at least 1 of the following: 1. A 4-inch thick base of 1/2-inch or larger clean aggregate shall be provided with a vapor retarder in direct contact with concreate and a concrete mix design which will address bleeding, shrinkage and curling shall be used. For additional information, see American Concrete Institute, ACI 302.2R-06. 2. Other equivalent methods approved by the enforcing agency.

3. A slab design specified by a licensed design professional.

4.505.3
Moisture Content
of
Building
Materials
Building materials with visible signs of water damage shall not be installed.

Wall and floor framing shall not be enclosed when the framing members exceed 19% moisture content. Moisture content shall be verified in compliance with the following:

1. Moisture content shall be determined with either a probe-type or a contact-type moisture meter. Equivalent moisture verification methods may be approved by the enforcing agency and shall satisfy requirements in Section 101.8.

2. Moisture readings shall be taken at a point 2 feet to 4 feet from the grade- stamped end of each piece to be verified.

3.At least 3 random moisture readings shall be performed on wall and floor framing with documentation acceptable to the enforcing agency provided at the time of approval to enclose the wall and floor framing.

Insulation products which are visibly wet or have a high moisture content shall be replaced or allowed to dry prior to enclosure in wall or floor cavities.

Manufacturers’ drying recommendations shall be followed for wet-applied insulation products prior to enclosure.

Page 7 of 7 ends

Section Scope Requirements Sheet # Comment Division 4.5 – Environmental Quality (Indoor Air Quality & Exhaust) 4.506.1 Bathroom Exhaust Fans Each bathroom shall be mechanically ventilated and shall comply with the following:

1. Fans shall be ENERGY STAR compliant and be ducted to terminate outside the building.

2. Unless functioning as a component of a whole house ventilation system, fans must be controlled by a humidity control.
a) Humidity controls shall be capable of manual or automatic adjustment between a relative humidity range of less than 50% to a maximum of 80%.
b) A humidity control may be a separate component to the exhaust fan and is not required to be integral or built-in.

Note: For CALGreen a “bathroom” is a room which contains a bathtub, shower, or tub/shower combination. Fans or mechanical ventilation is required in each bathroom.

Division 4.5–Environmental Quality (EnvironmentalComfort)

4.507.2
Heating and
Air
Conditioning
SystemDesign
Heating and air conditioning systems shall be sized, designed, and equipment selected using the following methods:

1. The heat loss and heat gain is established according to ANSI/ACCA 2 Manual J – 2011 (Residential Load Calculation), ASHRAE handbooks or other equivalent design software or methods.

2. Duct systems are sized according to ANSI/ACCA 1 Manual D – 2014 (Residential Duct Systems), ASHRAE handbooks or other equivalent design software or methods.

3. Select heating and cooling equipment according to ANSI/ACCA 3 Manual S – 2014 (Residential Equipment Selection) or other equivalent design software or methods. Exception: Use of alternate design temperatures necessary to ensure the systems functions are acceptable.

Chapter7–Installer & Special Inspector Qualifications
702.1
Installer
Training
HVACsysteminstallersshallbetrained andcertified.Examplesof acceptable HVACtraining andcertification programsincludebut are notlimitedtothe following:

1. Statecertified apprenticeshipprograms.

2.Publicutilitytraining programs.

3.Training programssponsoredbytrade,laboror statewide energy consultingor verification organizations.

4.Programssponsoredbymanufacturing organizations.

5.Other programsacceptableto the enforcing agency.
702.2 Special
Inspection
Special inspectors must be qualified and able to demonstrate competence to the enforcing agency in the discipline in which they are inspecting. 703.1 Documentation
Documentation of compliance shall include, but is not limited to, construction documents, plans, specifications, builder or installer certification, inspection reports, or other methods acceptable to the local enforcing agency. Other specific documentation or special inspections necessary to verify compliance are specified in appropriate sections of CALGreen.
302
P
1 SHEET TITLE

DESCRIPTION
PROJECT NO: LVL.002
COMMENCEMENT DATE: 2/23/2022
DRAWN BY: SPP
CHK'D BY: GSY
PUBLISHED DATE: 8/31/2022

MARK DATE
T24-1

REVISIONS
7/26/22 PLAN CHECK CORRECTIONS

CITY APPROVAL STAMP
e
C-1 Cover Sheet

GENERAL
1 of 3 Precise Grading Plan
2 of 3 Precise Grading Plan
3 of 3 Precise Grading Plan
C:\Users\SPorter\Desktop\SPP Design\2022\LVL.002 - Upper Way\Upper Way MASTER.pln 72240 UPPER WAY WEST
PALM DESERT, CA 92260
TITLE 24

ANALYSIS

GUEST HOUSE FOR

MICHAEL & TREA
REILLY
STEVEN P. PORTER
email: [email protected] P
DESIGN
29590 Landau Blvd #1
Cathedral City, CA 92234
telephone: (760) 808-9487 S
1 CERTIFICATE OF COMPLIANCE CF1R-PRF-01E
Project Name: 22-903 72240 Upper Way ADU Calculation Date/Time: 2022-08-30T16:49:33-07:00 (Page 1 of 12) Calculation Description: Title 24 Analysis Input File Name: 22-903 72240 Upper Way.ribd19x Registration Number: Registration Date/Time: HERS Provider:

CA Building Energy Efficiency Standards - 2019 Residential Compliance Report Version: 2019.2.000 Schema Version: rev 20200901
Report Generated: 2022-08-30 16:50:27

GENERAL INFORMATION
01 Project Name 22-903 72240 Upper Way ADU
02 Run Title Title 24 Analysis
03 Project Location 72240 Upper Way West
04 City Palm Desert 05 Standards Version 2019
06 Zip code 92260 07 Software Version EnergyPro 8.3
08 Climate Zone 15 09 Front Orientation (deg/ Cardinal) 60 10 Building Type Single family 11 Number of Dwelling Units1 12 Project Scope NewConstruction 13 Number of Bedrooms2 14 Addition Cond. Floor Area (ft
2 )
0 15 Number of Stories1
16 Existing Cond. Floor Area (ft
2 ) n/a 17 Fenestration Average U-factor 0.29
18 Total Cond. Floor Area (ft
2 ) 1236 19 Glazing Percentage (%) 63.64%
20 ADU Bedroom Count n/a 21 ADU Conditioned Floor Area n/a 22 Is Natural Gas Available? Yes

COMPLIANCE RESULTS
01 Building Complies with Computer Performance
02 This building incorporates features that require field testing and/or verification by a certified HERS rater under the supervision of a CEC-approved HERS provider. 03 This building incorporates one or more Special Features shown below 222-P010172037A-000-000-0000000-0000 2022-08-31 11:51:23 CalCERTS inc.

CERTIFICATE OF COMPLIANCE CF1R-PRF-01E
Project Name: 22-903 72240 Upper Way ADU Calculation Date/Time: 2022-08-30T16:49:33-07:00 (Page 2 of 12) Calculation Description: Title 24 Analysis Input File Name: 22-903 72240 Upper Way.ribd19x Registration Number: Registration Date/Time: HERS Provider:

CA Building Energy Efficiency Standards - 2019 Residential Compliance Report Version: 2019.2.000 Schema Version: rev 20200901
Report Generated: 2022-08-30 16:50:27

ENERGY DESIGN RATING
Energy Design Ratings Compliance Margins
Efficiency¹ (EDR) Total² (EDR) Efficiency¹ (EDR) Total² (EDR) Standard Design 50.7 23.7
Proposed Design 50.5 23.3 0.2 0.4
RESULT: 3: COMPLIES
1: Efficiency EDR includes improvements to the building envelope and more efficient equipment 2: Total EDR includes efficiency and demand response measures such as photovoltaic (PV) systems and batteries 3: Building complies when efficiency and total compliance margins are greater than or equal to zero • Standard Design PV Capacity: 3.85 kWdc • PV System resized to 3.85 kWdc (a factor of 3.851) to achieve 'Standard Design PV' PV scaling

ENERGY USE SUMMARY
Energy Use (kTDV/ft
2 -yr) Standard Design Proposed Design Compliance Margin Percent Improvement Space Heating 1.95 3.42 -1.47 -75.4
Space Cooling 120.46 121.45 -0.99 -0.8
IAQ Ventilation 3.87 1.52 2.35 60.7
Water Heating 13.5 12.33 1.17 8.7
Self Utilization/Flexibility Credit n/a00 n/a
Compliance Energy Total 139.78 138.72 1.06 0.8

REQUIRED PV SYSTEMS - SIMPLIFIED
01 02 03 04 05 06 07 08 09 10 11 12
DC System Size
(kWdc) Exception Module Type Array Type Power Electronics CFI Azimuth(deg) Tilt
Input
Array Angle
(deg)
Tilt: (x in
12)
Inverter Eff.
(%)
Annual
Solar Access
(%)

3.85 NA Standard Fixed none true 150-270 n/a n/a <=7:12 96 98 222-P010172037A-000-000-0000000-0000 2022-08-31 11:51:23 CalCERTS inc.

CERTIFICATE OF COMPLIANCE CF1R-PRF-01E
Project Name: 22-903 72240 Upper Way ADU Calculation Date/Time: 2022-08-30T16:49:33-07:00 (Page 3 of 12) Calculation Description: Title 24 Analysis Input File Name: 22-903 72240 Upper Way.ribd19x Registration Number: Registration Date/Time: HERS Provider:

CA Building Energy Efficiency Standards - 2019 Residential Compliance Report Version: 2019.2.000 Schema Version: rev 20200901
Report Generated: 2022-08-30 16:50:27

REQUIRED SPECIAL FEATURES
The following are features that must be installed as condition for meeting the modeled energy performance for this computer analysis. • IAQ Ventilation System: as low as 0.137931 W/CFM • Window overhangs and/or fins • Non-standard duct location (any location other than attic)

HERS FEATURE SUMMARY
The following is a summary of the features that must be field-verified by a certified HERS Rater as a condition for meeting the modeled energy performance for this computer analysis. Additional detail is provided in the buildng tables below. Registered CF2Rs and CF3Rs are required to be completed in the HERS Registry Building-level Verifications: • Quality insulation installation (QII) • Indoor air quality ventilation • Kitchen range hood Cooling System Verifications: • Minimum Airflow • Verified EER • Verified SEER • Verified Refrigerant Charge • Fan Efficacy Watts/CFM Heating System Verifications: • Verified HSPF • Verified heat pump rated heating capacity HVAC Distribution System Verifications: • Duct leakage testing • Ducts located entirely in conditioned space confirmed by duct leakage testing Domestic Hot Water System Verifications: • -- None --

BUILDING - FEATURES INFORMATION
01 02 03 04 05 06 07
Project Name Conditioned Floor Area (ft
2 )
Number of Dwelling
Units Number of Bedrooms Number of Zones Number of VentilationCooling Systems Number of Water
Heating Systems
22-903 72240 Upper Way ADU 123612101
222-P010172037A-000-000-0000000-0000 2022-08-31 11:51:23 CalCERTS inc.

CERTIFICATE OF COMPLIANCE CF1R-PRF-01E
Project Name: 22-903 72240 Upper Way ADU Calculation Date/Time: 2022-08-30T16:49:33-07:00 (Page 4 of 12) Calculation Description: Title 24 Analysis Input File Name: 22-903 72240 Upper Way.ribd19x Registration Number: Registration Date/Time: HERS Provider:

CA Building Energy Efficiency Standards - 2019 Residential Compliance Report Version: 2019.2.000 Schema Version: rev 20200901
Report Generated: 2022-08-30 16:50:27

ZONE INFORMATION
01 02 03 04 05 06 07
Zone Name Zone Type HVAC System Name Zone Floor Area (ft 2 ) Avg. Ceiling Height Water Heating System 1 Water Heating System 2 1st Floor Zone Conditioned Split System1 1236 10 DHW Sys 1 N/A

OPAQUE SURFACES
01 02 03 04 05 06 07 08
Name Zone Construction Azimuth Orientation Gross Area (ft 2 )
Window and Door
Area (ft2) Tilt (deg)
Exterior Wall N 1st Floor Zone R-21 Wall 60 Front 406 97.9784 90 Exterior Wall E 1st Floor Zone R-21 Wall 150 Left 322 254.086 90 Exterior Wall NE 1st Floor Zone R-21 Wall 90 n/a 220 123.998 90 Exterior Wall SE 1st Floor Zone R-21 Wall 180 n/a 158 61.0186 90 Exterior Wall S 1st Floor Zone R-21 Wall 240 Back 535 96.99 90 Exterior Wall W 1st Floor Zone R-21 Wall 330 Right 564 152.485 90

OPAQUE SURFACES - CATHEDRAL CEILINGS
01 02 03 04 05 06 07 08 09 10 11
Name Zone Construction Azimuth Orientation Area (ft
2 )
Skylight Area
(ft
2 )
Roof Rise (x in
12)
Roof
Reflectance Roof Emittance Cool Roof
Roof 1st Floor Zone R-38 Roof
Cathedral 150 Left 1236
0 2.5 0.1 0.85 No

FENESTRATION / GLAZING
01 02 03 04 05 06 07 08 09 10 11 12 13 14
Name Type Surface Orientation Azimuth Width
(ft)
Height
(ft) Mult.

Area
(ft
2 )
U-factor U-factor
Source SHGC
SHGC
Sourc e
Exterior
Shading
Window Window Exterior Wall N Front 60 2.33 13.51 31.99 0.29 NFRC 0.22 NFRC Bug Screen Window 2 Window Exterior Wall N Front 60 7.5 2.251 16.99 0.29 NFRC 0.22 NFRC Bug Screen 222-P010172037A-000-000-0000000-0000 2022-08-31 11:51:23 CalCERTS inc.

CERTIFICATE OF COMPLIANCE CF1R-PRF-01E
Project Name: 22-903 72240 Upper Way ADU Calculation Date/Time: 2022-08-30T16:49:33-07:00 (Page 5 of 12) Calculation Description: Title 24 Analysis Input File Name: 22-903 72240 Upper Way.ribd19x Registration Number: Registration Date/Time: HERS Provider:

CA Building Energy Efficiency Standards - 2019 Residential Compliance Report Version: 2019.2.000 Schema Version: rev 20200901
Report Generated: 2022-08-30 16:50:27

FENESTRATION / GLAZING
01 02 03 04 05 06 07 08 09 10 11 12 13 14
Name Type Surface Orientation Azimuth Width
(ft)
Height
(ft) Mult.

Area
(ft
2 )
U-factor U-factor
Source SHGC
SHGC
Sourc e
Exterior
Shading
Window 3 Window Exterior Wall N Front 60 7.5 2.51 18.99 0.29 NFRC 0.22 NFRC Bug Screen Window 4 Window Exterior Wall N Front 60 6.2 2.251 14.01 0.29 NFRC 0.22 NFRC Bug Screen Window 5 Window Exterior Wall N Front 60 6.2 2.51 16 0.29 NFRC 0.22 NFRC Bug Screen Window 6 Window Exterior Wall E Left 150 2.2 13.50 28.01 0.29 NFRC 0.22 NFRC Bug Screen Window 7 Window Exterior Wall E Left 150 13.581
110.0 5

0.29 NFRC 0.22 NFRC Bug Screen
Window 8 Window Exterior Wall E Left 150 9.3 4.31 39.99 0.29 NFRC 0.22 NFRC Bug Screen Window 9 Window Exterior Wall E Left 150 9.381 76.04 0.29 NFRC 0.22 NFRC Bug Screen Window 10 Window Exterior Wall NE 90820 12 0.29 NFRC 0.22 NFRC Bug Screen Window 11 Window Exterior Wall NE 908 8.20 61.01 0.29 NFRC 0.22 NFRC Bug Screen Window 12 Window Exterior Wall NE 905 3.40 14.01 0.29 NFRC 0.22 NFRC Bug Screen Window 13 Window Exterior Wall NE 905 8.20 36.98 0.29 NFRC 0.22 NFRC Bug Screen Window 14 Window Exterior Wall SE 180 8.4 3.80 27 0.29 NFRC 0.22 NFRC Bug Screen Window 15 Window Exterior Wall SE 1802 11.50 16.01 0.29 NFRC 0.22 NFRC Bug Screen Window 16 Window Exterior Wall SE 180 8.4 2.30 18.01 0.29 NFRC 0.22 NFRC Bug Screen Window 17 Window Exterior Wall S Back 240 3.3 8.20 27.01 0.29 NFRC 0.22 NFRC Bug Screen Window 18 Window Exterior Wall S Back 240 6.5 4.20 27 0.29 NFRC 0.22 NFRC Bug Screen Window 19 Window Exterior Wall S Back 240 6.5 2.31 14.99 0.29 NFRC 0.22 NFRC Bug Screen Window 20 Window Exterior Wall S Back 240 4.3 4.30 17.99 0.29 NFRC 0.22 NFRC Bug Screen Window 21 Window Exterior Wall S Back 240 4.3 2.31 10 0.29 NFRC 0.22 NFRC Bug Screen Window 22 Window Exterior Wall W Right 330 1321 27.51 0.29 NFRC 0.22 NFRC Bug Screen Window 23 Window Exterior Wall W Right 330 2.7 131 35.49 0.29 NFRC 0.22 NFRC Bug Screen Window 24 Window Exterior Wall W Right 3304 1.215 0.29 NFRC 0.22 NFRC Bug Screen Window 25 Window Exterior Wall W Right 3304 9.20 35.99 0.29 NFRC 0.22 NFRC Bug Screen Window 26 Window Exterior Wall W Right 3305 0.60 2.5 0.29 NFRC 0.22 NFRC Bug Screen 222-P010172037A-000-000-0000000-0000 2022-08-31 11:51:23 CalCERTS inc.

CERTIFICATE OF COMPLIANCE CF1R-PRF-01E
Project Name: 22-903 72240 Upper Way ADU Calculation Date/Time: 2022-08-30T16:49:33-07:00 (Page 6 of 12) Calculation Description: Title 24 Analysis Input File Name: 22-903 72240 Upper Way.ribd19x Registration Number: Registration Date/Time: HERS Provider:

CA Building Energy Efficiency Standards - 2019 Residential Compliance Report Version: 2019.2.000 Schema Version: rev 20200901
Report Generated: 2022-08-30 16:50:27

FENESTRATION / GLAZING
01 02 03 04 05 06 07 08 09 10 11 12 13 14
Name Type Surface Orientation Azimuth Width
(ft)
Height
(ft) Mult.

Area
(ft
2 )
U-factor U-factor
Source SHGC
SHGC
Sourc e
Exterior
Shading
Window 27 Window Exterior Wall W Right 3305 9.21 46 0.29 NFRC 0.22 NFRC Bug Screen

OVERHANGS AND FINS
01 02 03 04 05 06 07 08 09 10 11 12 13 14
Window
Overhang Left Fin Right Fin
Depth Dist Up Left Extent Right
Extent Flap Ht. Depth Top Up Dist L Bot Up Depth Top Up Dist R Bot Up Window4 0.55 2.5000000000
Window 24 0.55 2.5000000000
Window 34 0.55 2.5000000000
Window 44 0.55 2.5000000000
Window 54 0.55 2.5000000000
Window 64 0.5 245000000000
Window 744 245000000000
Window 84 0.5 245000000000
Window 944 245000000000
Window 104 0.566000000000
Window 114 0.566000000000
Window 124 0.566000000000
Window 134 0.566000000000
222-P010172037A-000-000-0000000-0000 2022-08-31 11:51:23 CalCERTS inc.

CERTIFICATE OF COMPLIANCE CF1R-PRF-01E
Project Name: 22-903 72240 Upper Way ADU Calculation Date/Time: 2022-08-30T16:49:33-07:00 (Page 7 of 12) Calculation Description: Title 24 Analysis Input File Name: 22-903 72240 Upper Way.ribd19x Registration Number: Registration Date/Time: HERS Provider:

CA Building Energy Efficiency Standards - 2019 Residential Compliance Report Version: 2019.2.000 Schema Version: rev 20200901
Report Generated: 2022-08-30 16:50:27

OVERHANGS AND FINS
01 02 03 04 05 06 07 08 09 10 11 12 13 14
Window
Overhang Left Fin Right Fin
Depth Dist Up Left Extent Right
Extent Flap Ht. Depth Top Up Dist L Bot Up Depth Top Up Dist R Bot Up Window 144 0.5 7.54000000000
Window 154 0.5 7.54000000000
Window 164 0.5 7.54000000000
Window 17 146 17 30000000000
Window 1866 26 30000000000
Window 1966 26 30000000000
Window 2066 26 30000000000
Window 2166 26 30000000000
Window 224 0.1 4.5 40000000000
Window 234 0.1 4.5 40000000000
Window 24 8.5 0.5 18.5 24000000000
Window 25 8.5 0.5 18.5 24000000000
Window 26 8.5 0.5 18.5 24000000000
Window 27 8.5 0.5 18.5 24000000000
222-P010172037A-000-000-0000000-0000 2022-08-31 11:51:23 CalCERTS inc.

CERTIFICATE OF COMPLIANCE CF1R-PRF-01E
Project Name: 22-903 72240 Upper Way ADU Calculation Date/Time: 2022-08-30T16:49:33-07:00 (Page 8 of 12) Calculation Description: Title 24 Analysis Input File Name: 22-903 72240 Upper Way.ribd19x Registration Number: Registration Date/Time: HERS Provider:

CA Building Energy Efficiency Standards - 2019 Residential Compliance Report Version: 2019.2.000 Schema Version: rev 20200901
Report Generated: 2022-08-30 16:50:27

SLAB FLOORS
01 02 03 04 05 06 07 08
Name Zone Area (ft
2 ) Perimeter (ft) Edge Insul. R-value
and Depth
Edge Insul. R-value
and Depth Carpeted Fraction Heated
Slab-on-Grade 1st Floor Zone 1236 178 none0 80% No

OPAQUE SURFACE CONSTRUCTIONS
01 02 03 04 05 06 07 08
Construction Name Surface Type Construction Type Framing Total Cavity R-value
Interior / Exterior
Continuous
R-value
U-factor Assembly Layers
R-21 Wall Exterior Walls Wood Framed Wall 2x6 @ 16 in. O. C. R-21 None / None 0.069 Inside Finish: Gypsum Board
Cavity / Frame: R-21 / 2x6
Exterior Finish: 3 Coat Stucco
R-38 Roof Cathedral Cathedral Ceilings Wood Framed
Ceiling 2x12 @ 16 in. O. C. R-38 None / None 0.029
Roofing: Light Roof (Asphalt Shingle)
Roof Deck: Wood
Siding/sheathing/decking
Radiant Barrier
Cavity / Frame: R-38 / 2x12
Inside Finish: Gypsum Board

BUILDING ENVELOPE - HERS VERIFICATION
01 02 03 04
Quality Insulation Installation (QII) High R-value Spray Foam Insulation Building Envelope Air Leakage CFM50 Required Not Required Not Required n/a
222-P010172037A-000-000-0000000-0000 2022-08-31 11:51:23 CalCERTS inc.

CERTIFICATE OF COMPLIANCE CF1R-PRF-01E
Project Name: 22-903 72240 Upper Way ADU Calculation Date/Time: 2022-08-30T16:49:33-07:00 (Page 9 of 12) Calculation Description: Title 24 Analysis Input File Name: 22-903 72240 Upper Way.ribd19x Registration Number: Registration Date/Time: HERS Provider:

CA Building Energy Efficiency Standards - 2019 Residential Compliance Report Version: 2019.2.000 Schema Version: rev 20200901
Report Generated: 2022-08-30 16:50:27

WATER HEATING SYSTEMS
01 02 03 04 05 06 07
Name System Type Distribution Type Water Heater Name (#) Solar Heating System Compact Distribution HERS Verification DHW Sys 1 Domestic Hot Water
(DHW)
Standard Distribution
System DHW Heater 1 (1) n/a None n/a

WATER HEATERS
01 02 03 04 05 06 07 08 09 10 11 12
Name
Heating
Element
Type
Tank Type # of
Units
Tank
Vol.
(gal)
Energy
Factor or
Efficiency
Input Rating
or Pilot
Tank
Insulation
R-value
(Int/Ext)
Standby Loss
or Recovery
Eff
1st Hr. Rating
or Flow Rate
NEEA Heat Pump
Brand or Model
Tank Location or
Ambient Condition
DHW Heater 1 Gas Consumer
Instantaneous
10 0.93-UEF <= 200
kBtu/hr
0 n/a n/a n/a n/a

WATER HEATING - HERS VERIFICATION
01 02 03 04 05 06 07 08
Name Pipe Insulation Parallel Piping Compact Distribution Compact Distribution Type Recirculation Control Central DHWDistribution
Shower Drain Water
Heat Recovery
DHW Sys 1 - 1/1 Not Required Not Required Not Required None Not Required Not Required Not Required

SPACE CONDITIONING SYSTEMS
01 02 03 04 05 06 07 08 09 10 11
Name System Type Heating Unit
Name
Cooling Unit
Name Fan Name DistributionName
Required
Thermostat
Type
Status
Verified
Existing
Condition
Heating
Equipment
Count
Cooling
Equipment
Count
Split System1 Heat pump heating cooling Heat Pump
System 1
Heat Pump
System 1 HVAC Fan 1
Air
Distribution
System 1
Setback New NA11
222-P010172037A-000-000-0000000-0000 2022-08-31 11:51:23 CalCERTS inc. 303
P
1 SHEET TITLE

DESCRIPTION
PROJECT NO: LVL.002
COMMENCEMENT DATE: 2/23/2022
DRAWN BY: SPP
CHK'D BY: GSY
PUBLISHED DATE: 8/31/2022

MARK DATE
T24-2

REVISIONS
7/26/22 PLAN CHECK CORRECTIONS

CITY APPROVAL STAMP
e
C-1 Cover Sheet

ANALYSIS

GUEST HOUSE FOR

MICHAEL & TREA
REILLY
STEVEN P. PORTER
email: [email protected] P
DESIGN
29590 Landau Blvd #1
Cathedral City, CA 92234
telephone: (760) 808-9487 S
1 CERTIFICATE OF COMPLIANCE CF1R-PRF-01E
Project Name: 22-903 72240 Upper Way ADU Calculation Date/Time: 2022-08-30T16:49:33-07:00 (Page 10 of 12) Calculation Description: Title 24 Analysis Input File Name: 22-903 72240 Upper Way.ribd19x Registration Number: Registration Date/Time: HERS Provider:

CA Building Energy Efficiency Standards - 2019 Residential Compliance Report Version: 2019.2.000 Schema Version: rev 20200901
Report Generated: 2022-08-30 16:50:27
01 02 03 04 05 06 07 08 09 10 11

HVAC - HEAT PUMPS
Name System Type Number of Units
Heating Cooling Zonally
Controlled
Compressor
Type HERS Verification
HSPF/COP Cap 47 Cap 17 SEER EER/CEER
Heat Pump System 1 Central split HP1 12.5 42000 29400 23 15 Not Zonal Single Speed
Heat Pump System
1-hers-htpump

HVAC HEAT PUMPS - HERS VERIFICATION
01 02 03 04 05 06 07 08 09
Name Verified Airflow Airflow Target Verified EER Verified SEER Verified Refrigerant Charge Verified HSPF Verified HeatingCap 47
Verified Heating
Cap 17
Heat Pump System
1-hers-htpump Required 350 Required Required Yes Yes Yes Yes

HVAC - DISTRIBUTION SYSTEMS
01 02 03 04 05 06 07 08 09 10 11 12
Duct Ins. R-value Duct Location Surface Area
Name Type Design Type Supply Return Supply Return Supply Return Bypass Duct Duct Leakage HERSVerification
Air Distribution
System 1
Conditioned
space-entirely Non-Verified R-6 R-6 Conditioned Zone
Conditio
ned Zone n/a n/a
No
Bypass
Duct
Air
Distribution
System
1-hers-dist
222-P010172037A-000-000-0000000-0000 2022-08-31 11:51:23 CalCERTS inc.

CERTIFICATE OF COMPLIANCE CF1R-PRF-01E
Project Name: 22-903 72240 Upper Way ADU Calculation Date/Time: 2022-08-30T16:49:33-07:00 (Page 11 of 12) Calculation Description: Title 24 Analysis Input File Name: 22-903 72240 Upper Way.ribd19x Registration Number: Registration Date/Time: HERS Provider:

CA Building Energy Efficiency Standards - 2019 Residential Compliance Report Version: 2019.2.000 Schema Version: rev 20200901
Report Generated: 2022-08-30 16:50:27

HVAC DISTRIBUTION - HERS VERIFICATION
01 02 03 04 05 06 07 08 09
Name Duct Leakage
Verification
Duct Leakage
Target (%)
Verified Duct
Location
Verified Duct
Design Buried Ducts Deeply BuriedDucts
Low-leakage Air
Handler
Low Leakage
Ducts Entirely in
Conditioned
Space
Air Distribution
System 1-hers-dist Yes 5.0 Required Not Required Not Required Credit not taken Required No

HVAC - FAN SYSTEMS
01 02 03 04
Name Type Fan Power (Watts/CFM) Name
HVAC Fan 1 HVAC Fan 0.45 HVAC Fan 1-hers-fan

HVAC FAN SYSTEMS - HERS VERIFICATION
01 02 03
Name Verified Fan Watt Draw Required Fan Efficacy (Watts/CFM) HVAC Fan 1-hers-fan Required 0.45

IAQ (INDOOR AIR QUALITY) FANS
01 02 03 04 05 06 07
Dwelling Unit IAQ CFM IAQ Watts/CFM IAQ Fan Type IAQ Recovery Effectiveness - SRE
IAQ Recovery
Effectiveness - ASRE HERS Verification
SFam IAQVentRpt 1-1 58 0.137931 Exhaust n/a n/a Yes
222-P010172037A-000-000-0000000-0000 2022-08-31 11:51:23 CalCERTS inc.

CERTIFICATE OF COMPLIANCE CF1R-PRF-01E
Project Name: 22-903 72240 Upper Way ADU Calculation Date/Time: 2022-08-30T16:49:33-07:00 (Page 12 of 12) Calculation Description: Title 24 Analysis Input File Name: 22-903 72240 Upper Way.ribd19x Registration Number: Registration Date/Time: HERS Provider:

CA Building Energy Efficiency Standards - 2019 Residential Compliance Report Version: 2019.2.000 Schema Version: rev 20200901
Report Generated: 2022-08-30 16:50:27

DOCUMENTATION AUTHOR'S DECLARATION STATEMENT

1. I certify that this Certificate of Compliance documentation is accurate and complete.

Documentation Author Name: Documentation Author Signature:

Company: Signature Date:

Address: CEA/ HERS Certification Identification (If applicable):

City/State/Zip: Phone:

RESPONSIBLE PERSON'S DECLARATION STATEMENT
I certify the following under penalty of perjury, under the laws of the State of California:

1. I am eligible under Division 3 of the Business and Professions Code to accept responsibility for the building design identified on this Certificate of Compliance.

2. I certify that the energy features and performance specifications identified on this Certificate of Compliance conform to the requirements of Title 24, Part 1 and Part 6 of the California Code of Regulations.

3. The building design features or system design features identified on this Certificate of Compliance are consistent with the information provided on other applicable compliance documents, worksheets, calculations, plans and specifications submitted to the enforcement agency for approval with this building permit application.

Responsible Designer Name: Responsible Designer Signature:

Company: Date Signed:

Address: License:

City/State/Zip: Phone:

Easy to Verify
at CalCERTS.com
Gary Zhou
GMEP Engineers
26439 Rancho Parkway S., Ste 120
Lake Forest, CA 92630
2022-08-31 10:49:45
949-267-9095
Steven Porter
SPP design
29590 Landau Blvd #1
Cathedral City, CA 92234
2022-08-31 11:51:23
n/a
760-808-9487
Digitally signed by CalCERTS. This digital signature is provided in order to secure the content of this registered document, and in no way implies Registration Provider responsibility for the accuracy of the information. 222-P010172037A-000-000-0000000-0000 2022-08-31 11:51:23 CalCERTS inc. 304
"GRADING PLANS FOR REFERENCE ONLY"
305
"GRADING PLANS FOR REFERENCE ONLY"
306
307
·
········· All ideas, designs, arrangements & plans indicated or represented by this drawing are owned by & the property of AMG STRUCTURAL ENGINEERS for use in conjunction w/ the specified project & shall not be used or disclosed for any purpose whatsoever without the written authorization of Adam Greco. 308 All ideas, designs, arrangements & plans indicated or represented by this drawing are owned by & the property of AMG STRUCTURAL ENGINEERS for use in conjunction w/ the specified project & shall not be used or disclosed for any purpose whatsoever without the written authorization of Adam Greco. 309 MAX. db 3"X3" SINGLE LAYER UNDISTURBED SOIL SAW-CUT 1/8" X 't'/4 (90%) COMPACTED FILL DEEP CONTROL JTS 4" DRAIN ROCK CLR.
't'/4 + 1/4 SEE PLANS FOR THICKNESS VAPOR BARRIER w/ MIN. SLAB REINF. AND 't' 4" SAND THICKNESS OF 15 MILS. SLAB THICKNESS PER PLANS SCARIFY, MOISTURE CONDITION & RECOMPACT UPPER 8" OF (E) NATIVE SOIL. MIN. 12" 1. BREAK BOND BET. NEW & PREVIOUSLY POURED S.O.G. BY SPRAYING OR PAINTING EXPOSED SIDE OF KEY W/ CURING COMPOUND OR FORM OIL. NOTES: MIN. 12" ADDL BARS TO MATCH S.O.G. REINF. 1 1 EQ. GREASED DWL @ 12" O.C. TYP. CONSTR. JT KEY. DO NOT SANDBLAST 3/4" DIA. x 2'-0" SMOOTH, 6"
MIN. BULLNOSE EDGES EQ.

EQ. EQ. CONC. SLAB PER PLAN 1 1/2" MIN. SILL PLATE DETAIL 0.17" SHANK DIA. RAMSET RED HEAD SHOT IN PINS @ 24" O.C., L.A. RR 22668, SILL PLATE 1 3/8 " DIA. METAL WASHER STUD WALL PER PLAN ICC ES 2x STUD WALL PER PLAN ESR-1799 SILL BOLT REQUIREMENTS 1. PROVIDE A MINIMUM SILL BOLT EMBEDMENT OF 9" BELOW FINISH FLOOR OR TOP OF CURB. 2. PROVIDE AN ADDITIONAL SILL BOLT 6 INCHES FROM EACH END OF EACH PIECE OF SILL PLATE. 3. WHERE SILL PLATES ARE BORED OR NOTCHED IN EXCESS OF 1/3 OF THE SILL PLATE WIDTH, PROVIDE ADDITIONAL SILL BOLTS 4 INCHES EACH SIDE OF BORE OR NOTCH. 4. SET ALL SILL BOLTS WITH A SETTING TEMPLATE BEFORE PLACING CONCRETE. STABBING OR PUSHING OF SILL BOLTS INTO WET CONCRETE IS EXPRESSLY PROHIBITED. 5. PROVIDE A MINIMUM SILL BOLT PROJECTION ABOVE THE CONCRETE AS SHOWN ON DETAIL C. 6. SILL PLATES SHALL BE NATURALLY DURABLE OR PRESERVATIVE-TREATED WOOD. FIELD-CUT ENDS, NOTCHES AND DRILLED HOLES OF PRESERVATIVE-TREATED WOOD SHALL BE FIELD-TREATED PER AWPA M4. All ideas, designs, arrangements & plans indicated or represented by this drawing are owned by & the property of AMG STRUCTURAL ENGINEERS for use in conjunction w/ the specified project & shall not be used or disclosed for any purpose whatsoever without the written authorization of Adam Greco. S1.0 TYPICAL DETAILS 310 BN JOIST MIN 1'-0'' 2x BLKG @ 48'' SIMPSON CLIPS EN TOP PLATES EN TO BLKG PLYWOOD PER PLAN PLYWOOD PER PLAN All ideas, designs, arrangements & plans indicated or represented by this drawing are owned by & the property of AMG STRUCTURAL ENGINEERS for use in conjunction w/ the specified project & shall not be used or disclosed for any purpose whatsoever without the written authorization of Adam Greco. S1.1 TYPICAL DETAILS 311 All ideas, designs, arrangements & plans indicated or represented by this drawing are owned by & the property of AMG STRUCTURAL ENGINEERS for use in conjunction w/ the specified project & shall not be used or disclosed for any purpose whatsoever without the written authorization of Adam Greco. S1.2 TYPICAL DETAILS 312 S1.2 10 S1.4 11 S1.4 3 -8 S1.1 5 All ideas, designs, arrangements & plans indicated or represented by this drawing are owned by & the property of AMG STRUCTURAL ENGINEERS for use in conjunction w/ the specified project & shall not be used or disclosed for any purpose whatsoever without the written authorization of Adam Greco. S1.3 TYPICAL DETAILS 313 ES IN DETAIL LAUNDRY SITTING ROOM BATH #1 BEDROOM #1 ENTRY CLOSET #1 CLOSET #2 COVERED CARPORT BEDROOM #2 SHOWER SHOWER BATH #2 2 3 1 2.3 5 6 7 (F2) (F2) (F2) (F2) (F2) (F2) (F2) (W4) (W1) (TB1) (GB1) (W1) (W1) (W1)(TB1) (TB1) (W1) (W1) (W3) (W2) (W1) (W1) 4 DCBA (F2) A.3 (W3) (W1) (W2) (F1) (F1) (F1) (F1) (F2) (F2) (F2) (GB1) (GB1) 6x6 PSL POST 6x6 PSL POST 6x6 PSL POST B8'-6" 4x6 WHD3 PSL 6x6 POST WHD3 6x6 PSL POST 12'-0" B 11'-0" B B4'-6" B4'-6" WHD1 4X6 4x6 WHD1 6x6 WHD4 4'-6" B 2x6 @ 16" O.C. TYP. 4x6HSS POST (E.W.) 4x6 WHD4 6x6 WHD4 4'-6" B (W3) WHD1 5'-6" B WHD1 HSS 4x4x14 POST 4x4 WHD1 4x6 4x6 4x6B5'-6" 6x6 WHD45'-6" B 3'-0" C 6x6 WHD3 WHD4 6x6 POST WHD3 6x6 POST 4x4 POST WHD1 6'-0"B WHD4 6x6WHD4 4x4 WHD2 PSL 6x6 POST 6x6 POST (N-S) WHD2 PSL 6x6 POST (N-S) PSL 6x6 POST 4x4 WHD1 POST (N-S) NOTE 2 WALL BELOW 16'-0" C NOTE 2 4x6 WOOD POST PSL 6x6 POST (TBI) 12x16 W/ (2)-#5 TOP & BOTTOM BARS, & #3 TIES @ 12" O.C. HSS POST (E.W.) HSS POST (E.W.) NOTE 1 : PLACE STEEL BASE PLATES IN DETAIL 6/S1.3 ON TOP OF GRADE BEAMS, OR WALL FOOTINGS. NOTE 2 : PLACE POST BASE ON TOP OF CONCRETE SLAB ON GRADE, DETAIL 3/S1.2. All ideas, designs, arrangements & plans indicated or represented by this drawing are owned by & the property of AMG STRUCTURAL ENGINEERS for use in conjunction w/ the specified project & shall not be used or disclosed for any purpose whatsoever without the written authorization of Adam Greco. S2.0 FLOOR PLAN N POST FOOTING SCHEDULE MARK F1F2 SIZE 30" x 30" x 12" B x W x H BOTTOM BARS EACH WAY TOP BARS EACH WAY DETAIL (4) - #4 PER PLAN WALL FOOTING SCHEDULE MARK W1 B x H 16" x 16" SIZE TRANS BARS BOTTOM TRANS BARS TOP LONG BARS BOTTOM LONG BARS TOP DETAILS PER PLAN (2) - #6 PER PLAN SCHEDULE OF SHEAR WALL SILL BOLTS IN CONCRETE MARK ANCHOR TYPE BOLT SPACING CONCRETE DETAIL TYPE B1B2 3/4" DIA. BOLTS 24" 12" NEW NEW -- SHEET NOTES: 1. 2. 3. 4. 5. 6. 7. F#W# WHD# B#NEW EXTERIOR WALL CONSTRUCTION, 2X6 @ 16"O.C., TYP, AND 3X6 STUDS AT ALL PANEL EDGES SHEAR WALL TYPE LENGTH IN FEET INDICATES COLUMN FOOTING MARK. REFER TO FOOTING SCHEDULE ON THIS SHEET. INDICATES WALL FOOTING MARK. REFER TO WALL FOOTING SCHEDULE ON THIS SHEET. INDICATES PLYWOOD SHEAR WALL PER INDICATES HOLD DOWN PER INDICATES DIAPHRAGM SHEATING AND NAILING PER INDICATES SILL BOLT MARK. REFER TO SHEAR WALL SILL BOLT SCHEDULE ON THIS SHEET. FOR SILL BOLT PLATE WASHERS REFER TO 8. INDICATES NEW POST, TYP. U.N.O. 10. 11. HOLD-DOWN HARDWARE MUST BE SECURED IN PLACE PRIOR TO FOUNDATION INSPECTION. FASTENERS FOR PRESERVATIVE-TREATED OR FIRE-RETARDANT-TREATED WOOD SHALL BE OF HOT DIPPED ZINC-COATED GALVANIZED STEEL IN ACCORDANCE WITH ASTM A153, - 9. INDICATES NEW POST ABOVE OR BELOW LEVEL, TYP. U.N.O. POST FOOTING SCHEDULE SHEAR WALL SILL BOLTS WALL FOOTING SCHEDULE SHEET NOTES 3/4" DIA. BOLTS CONTRACTOR RESPONSIBILITY: EACH CONTRACTOR RESPONSIBLE FOR THE CONSTRUCTION OF A MAIN WIND, OR SEISMIC FORCE RESISTING SYSTEM, DESIGNATED SEISMIC SYSTEM OR A WIND, OR SEISMIC RESISTIVE COMPONENT LISTED IN THE STATEMENT OF SPECIAL INSPECTIONS SHALL SUBMIT A WRITTEN STATEMENT OF RESPONSIBILITY TO THE SUPERINTENDENT OF BUILDNG AND THE OWNER PRIOR TO THE COMMENCEMENT OF WORK ON THE SYSTEM OR COMPONENT. THE CONTRACTOR'S STATEMENT OF RESPONSIBILITY SHALL CONTAIN ACKNOWLEDGEMENT OF AWARENESS OF THE SPECIAL REQUIREMENTS CONTAINED IN THE STATEMENT OF SPECIAL INSPECTION. CONTRACTOR'S RESPONSIBILITY 12. 13. 15. ALL BOLT HOLES SHALL BE DRILLED 1/32" TO 1/16" OVERSIZED. HOLD-DOWN CONNECTOR BOLTS INTO WOOD FRAMING REQUIRE APPROVED PLATE WASHERS; AND HOLD-DOWNS SHALL BE FINGER TIGHT AND 1/2 WRENCH TURN JUST PRIOR TO COVERING THE WALL FRAMING. 14. ALL DIAPHRAGM AND SHEAR WALL NAILING SHALL UTILIZE COMMON NAILS OR GALVANIZED BOX. 16. FOUNDATION SILLS SHALL BE NATURALLY DURABLE OR PRESERVATIVE - TREATED WOOD GRADE BEAM SCHEDULE MARK GB1 GB2 SIZE B x H TOP BARS BOTTOM BARS TIES 16" x 16" (4) - #6 #4 @ 6" GRADE BEAM SCHEDULE DETAIL PER PLAN FASTENERS FOR PERSERVATIVE-TREATED OR FIRE-RETARDENT WOOD SHALL BE OF HOT DIPPED ZINC-COATED GALVANIZED STEEL IN ACCORDANCE WITH ASTM -A153. 42" x 42" x 12" (5) - #4 - - - - - - PER PLAN F3 - - - - GB3 - - - - PER PLAN W2 PER PLAN (4) - #7 F4 - - - - 16" x 16" W3 30" x 16" (2) - #6 (4) - #7 PER PLAN #4 @ 8" #4 @ 8" - PER PLAN (4) - #7 (4) - #7 (4) - #6 PER PLAN W4 24" x 16" PER PLAN PER PLAN (3) - #6 (3) - #6 - 314 2 3 1 2.3 5 6 7 4 DCBA A.3 TOP OF ROOF 13'-0" TOP OF ROOF 16'-7" TOP OF ROOF 16'-7" TOP OF ROOF 13'-0" 2 1/2" PER 1'-0" MIN. 2 1/2" PER 1'-0" MIN. 1/4" PER 1'-0" MIN. 1/4" PER 1'-0" MIN. 1/4" PER 1'-0" MIN. 1/4" PER 1'-0" MIN. 2 1/2" PER 1'-0" MIN. 2 1/2" PER 1'-0" MIN. 4 x 10 4 x 10 5.25 x 9.25 PSL 3 12 x 9.25 PSL CONT. 4 x 10
4 x 10
4 x 10

5.25x9.25 PSL
4 x 10

COLLECTOR

5.25x9.25 PSL
4 x 10 EDGE OF ROOF 4 x 10
4 x 10
COLLECTOR 5.25 x 9.25 PSL
2 x10 @ 16"
2 x10 @ 16" SIMPSON MSTA18 STRAP 6x6 POST BELOW 4x6 BELOW 7.0 x 9.25 PSL 6x6 POST BELOW SHEAR WALL SIMPSON MSTA18 STRAP 5.25 x 9.25 PSL MSTA36 6x6 POST BELOW SHEAR WALL BELOW 6x6 POST BELOW 4 x 10
4 x 10 COLLECTOR
4 x 10 COLLECTOR
4 x 10 COLLECTOR
4 x 10 COLLECTOR

5.25 x 9.25 PSL
4 x 10 COLLECTOR 4 x 10 4 x 10
2 x10 @ 16"
2 x10 @ 16" SIMPSON CMST14 STRAP
4 x 10
4 x 10 HSS POST BELOW HSS POST MSTA36 W6 x16 W/ 3x6 NAILER W8x31 W/ (2)-4x6 NAILERS

5.25 x 9.25 PSL 4 x 10 4 x 10 HSS POST MSTA36 WD POST 2'-0" (2) 4 x 6 x 2' LONG NAILERS W/ (3)-3/4" Ø BOLTS EACH W8x48
NO NAILERS, U.O.N. 4 x 10
4x10 COLLECTOR
4x10 COLLECTOR
W6x12
W/ 3x6 NAILER
W6x25 W/ 3x8 NAILER
W6x25 W/ 3x8 NAILER
4x10 COLLECTOR
4 x 10 4 x 10 W6 x 25 W/ 3x8 NAILER WD POST BELOW 7.0 x 9.25 PSL4x4 BLOCKINGSIMPSON "SMST14" STRAP 8'-0" 15'-7" @ HIGH POINT WD POST 6x6 BELOW 4 x 10 4 x 10 5.25 x 9.25 PSL 3.5 x 9.25 PSL 3.5 x 9.25 PSL 4 x 10 4x4 BLOCKING SIMPSON "CMST14" STRAP SHEAR WALL 6x6 BELOW 2 x 10 3.5 x 9.25 PSL HSS POST BELOW 4x6 POST BELOW 2 x10 @ 16", TYP. 2 x10 @ 16", TYP. 2 x10 @ 16", TYP. 2 x10 @ 16", TYP. 2 x10 @ 16"
2 x10 @ 16"
2 x10 @ 16" All ideas, designs, arrangements & plans indicated or represented by this drawing are owned by & the property of AMG STRUCTURAL ENGINEERS for use in conjunction w/ the specified project & shall not be used or disclosed for any purpose whatsoever without the written authorization of Adam Greco. S2.1 ROOF FRAMING PLAN W/ PLAN NOTES N SHEET NOTES: 1. 2. 3.4. 5. 6. 7. F#W#WHD# B#NEW EXTERIOR WALL CONSTRUCTION, 2X6 @ 16"O.C., TYP, AND 3X6 STUDS AT ALL PANEL EDGES SHEAR WALL TYPE LENGTH IN FEET INDICATES COLUMN FOOTING MARK. REFER TO FOOTING SCHEDULE ON THIS SHEET. INDICATES WALL FOOTING MARK. REFER TO WALL FOOTING SCHEDULE ON THIS SHEET. INDICATES PLYWOOD SHEAR WALL PER INDICATES HOLD DOWN PER INDICATES DIAPHRAGM SHEATING AND NAILING PER INDICATES SILL BOLT MARK. REFER TO SHEAR WALL SILL BOLT SCHEDULE ON THIS SHEET. FOR SILL BOLT PLATE WASHERS REFER TO 8. INDICATES NEW POST, TYP. U.N.O. 10. 11. HOLD-DOWN HARDWARE MUST BE SECURED IN PLACE PRIOR TO FOUNDATION INSPECTION. FASTENERS FOR PRESERVATIVE-TREATED OR FIRE-RETARDANT-TREATED WOOD SHALL BE OF HOT DIPPED ZINC-COATED GALVANIZED STEEL IN ACCORDANCE WITH ASTM A153, 9. INDICATES NEW POST ABOVE OR BELOW LEVEL, TYP. U.N.O. SHEET NOTES CONTRACTOR RESPONSIBILITY: EACH CONTRACTOR RESPONSIBLE FOR THE CONSTRUCTION OF A MAIN WIND, OR SEISMIC FORCE RESISTING SYSTEM, DESIGNATED SEISMIC SYSTEM OR A WIND, OR SEISMIC RESISTIVE COMPONENT LISTED IN THE STATEMENT OF SPECIAL INSPECTIONS SHALL SUBMIT A WRITTEN STATEMENT OF RESPONSIBILITY TO THE SUPERINTENDENT OF BUILDNG AND THE OWNER PRIOR TO THE COMMENCEMENT OF WORK ON THE SYSTEM OR COMPONENT. THE CONTRACTOR'S STATEMENT OF RESPONSIBILITY SHALL CONTAIN ACKNOWLEDGEMENT OF AWARENESS OF THE SPECIAL REQUIREMENTS CONTAINED IN THE STATEMENT OF SPECIAL INSPECTION. CONTRACTOR'S RESPONSIBILITY 12. 13. 15. ALL BOLT HOLES SHALL BE DRILLED 1/32" TO 1/16" OVERSIZED. HOLD-DOWN CONNECTOR BOLTS INTO WOOD FRAMING REQUIRE APPROVED PLATE WASHERS; AND HOLD-DOWNS SHALL BE FINGER TIGHT AND 1/2 WRENCH TURN JUST PRIOR TO COVERING THE WALL FRAMING. 14. ALL DIAPHRAGM AND SHEAR WALL NAILING SHALL UTILIZE COMMON NAILS OR GALVANIZED BOX. 16. FOUNDATION SILLS SHALL BE NATURALLY DURABLE OR PRESERVATIVE - TREATED WOOD FASTENERS FOR PERSERVATIVE-TREATED OR FIRE-RETARDENT WOOD SHALL BE OF HOT DIPPED ZINC-COATED GALVANIZED STEEL IN ACCORDANCE WITH ASTM -A153. 315 ES IN DETAIL 1 3 "16'-7" T.O. ROOF 8'-0" T.O. SLIDER 8'-8" B.O. CLERESTORY 8'-0" T.O. SLIDER 11'-0" T.O. CLERESTORY 8'-8" B.O. CLERESTORY HOLD-DOWN PER PLAN 6 x 6 6 x 6 6 x 6
6 x 6
6 x 6 ROOF FRAMING PER PLAN HOLD-DOWN PER PLAN 3 x 6 SILL MSTC40 STRAP, WRAP AROUND COLUMN MSTC40 STRAP, WRAP AROUND COLUMN MSTC30 STRAP C C All ideas, designs, arrangements & plans indicated or represented by this drawing are owned by & the property of AMG STRUCTURAL ENGINEERS for use in conjunction w/ the specified project & shall not be used or disclosed for any purpose whatsoever without the written authorization of Adam Greco. S3.0 ELEVATION @ LINE D 316 "B" E.N.
6" MIN. 1'-6" MIN. PER GENERAL
NOTES & SOILS REPORT SILL & ANCHORAGE PER SCHEDULE PLYWOOD SHTG. WHERE OCCURS, PER PLAN & SCHEDULE #4 DOWELS @ 16" O.C. 24" 8"
POUR JOINT PER SCHEDULE (TOP & BOTT.) BARS CONCRETE SLAB ON GRADE, PER PLAN 2x STUD WALL PER PLAN CLR.

CLR.,TYP. BOTTOM BARS PER PLAN HOLD DOWN ANCHOR INSTALL PER MFR EN 1/2'' MIN HOLD DOWN HOLD DOWN PER PLAN C WALL & FTG & GENERAL NOTES EN FULL HGT OF HOLD DOWN L POST (FULL HGT) POST CONC. SLAB ON GRADE PER PLANS FOOTING PER PLAN EMBEDMENT DEPTH TOP OF FOOTING S5.0 7 -8 S5.0 8 S5.0 8 S1.3 7 -8 8 -8 -8 S5.0 7 -8 S1.3 7 -8 S1.2 3 All ideas, designs, arrangements & plans indicated or represented by this drawing are owned by & the property of AMG STRUCTURAL ENGINEERS for use in conjunction w/ the specified project & shall not be used or disclosed for any purpose whatsoever without the written authorization of Adam Greco. S5.0 TYPICAL DETAILS 317 (GATE)

UPPER WAY WEST
(PRIVATE DRIVE)

EX P/L

EX P/L
26'

PROPOSED CASITA

EXISTING GARAGE
S
579'
N89°51'53"W 663.65'
N00°36'36"W 331.97'
N89°50'25"W 664.63'
N00°46'45"W 332.27'
182'

EX P/L
113'

RESTRICTED BUILIDING AREA

EXISTING RESIDENCE

SITE PLAN
S:\PDATA\20200154\PG\PALM DESERT CITY_SEAL.jpg
LOCATED IN THE SW 1/4 OF SECTION 30, T.5S., R.6E., SBB&M SHEET

CITY FILE NUMBER

REVISIONS MARK BY DATE

ENGINEER CITY
APPR. DATE
BASIS OF BEARINGS:

ESFANDIAR SHAHANDEH, R.C.E. NO. 47834
PREPARED UNDER THE DIRECT SUPERVISION OF:

DATE:

CITY OF PALM DESERT

SITE PLAN
EXP. 12/31/23

TRAFFIC

LANDSCAPE
CIVIL
PLAN CHECKED BY:

C I V I L
No. 47834
R

EENI GNE
L NA

ROFESS I O

P DERETSI GER
H
EDN HA

I AR SHA
DNAFSE

STAT E OF CAL I FORN I A
72-240 UPPER WAY WEST
BENCHMARK:

SSI
NGINEERING (760) 772-8421 FAX
civil and structural engineering - planning - surveying (760) 772-8400 OFFICE
palm desert, ca 92211
77-570 springfield lane, suite c
Know what'sbelow.

Call before you dig.

R GOV'T LOT 57 OF SECTION 30, T 5 S, R 6 E, SBM
APN 628-130-007
ELEVATION: 898.708 (NGVD88 DATUM)

BEARINGS SHOWN HEREON ARE BASED UPON THE C/L
OF HWY 74 TAKEN AS N17°55'43"E PER PARCEL MAP 16259 AS FILED IN BOOK 89 OF PARCEL MAPS AT PAGES 35 THROUGH 37 INCLUSIVE, O.R. RIV. CO.

CPD 127 - 2" BRONZE DISK IN SOUTH END OF CONCRETE CATCH BASIN ON WEST SIDE OF HWY 74 SOUTH OF PALOWET DR. 24.6'S'LY OF SOUTHERN BCR,

1.1' W. OF CURB
R.C.E. 56005, EXP. 12/31/2024
REVIEWED AND RECOMMENDED BY:

APPROVED BY:

CITY OF PALM DESERT

DEPARTMENT OF DEVELOPMENT SERVICES
DATE
DATE
CITY ENGINEER MARIA FRASER.
1 inch = ft.
( IN FEET )

GRAPHIC SCALE
30 0 30 60
10 15 120
A100
5/22/2024
3/2/2023
318
P
2 SHEET TITLE

DESCRIPTION
PROJECT NO: LVL.002
COMMENCEMENT DATE: 2/23/2022
DRAWN BY: SPP
CHK'D BY: GSY
PUBLISHED DATE: 8/31/2022

MARK DATE
A-110

REVISIONS
5/12/24 RELOCATE GUEST HOUSE

CITY APPROVAL STAMP
e
C-1 Cover Sheet

FLOOR PLAN

GUEST HOUSE FOR

MICHAEL & TREA
REILLY
STEVEN P. PORTER
email: [email protected] P
DESIGN
29590 Landau Blvd #1
Cathedral City, CA 92234
telephone: (760) 808-9487 S
N
1 1
W D
SHOWER
ED2
C1
ED1
D1
A1
O1 N1M
ED6
K1
ED5
ED4
ED3
F1
G
E1
ID2
ID5
ID4
ID6
ID1
ID7
ID3
7'-9" 10'-8" 5'-4" 11'-3"
15'-11" 3'-1" 11'-1"
1'-10" 47'
19'-6" 8" 6'-6" 7'-2 1/2" 1'-9" 4'-4" 2'-5 1/4"
12'-1" 6'-1" 6" 5' 11" 4' 1'-4" 3'-7" 12'-10" 8"
14'-6 1/2" 5'-5 1/2" 11'-9" 17'-1"
48'-10"
2'-5" 3'-8 1/2" 12'-5 3/4" 11'-1"
18'-5" 16'-7" 10'-5"
45'-5"
6'-9"
2'-2"
9" 6'-6" 6" 7'-6" 6" 2' 8" 11'-2" 4'-10" 4'-9"
3'-4" 4'-1"
6'-9"
13'-5 3/4"
2'
5'-4"
11'-1" 7"
5'
7"
1'-5 1/2" 8' 1'-10"
12' 1'-10"
2'
8'
2'
1'-4"
8'-4"
6"
2'
8"
4'-8" 3' 5'-3"
4' 3'
6'
7'-1"
1'-3" 8'-2" 1'-8"
1'-2"
3'-1/2"
6'
13'-3"
12'-7"
42'-4 1/2"
3'
2'
6'
2"
1 A-140 1
A-140
2 A-140
2 1 A-140
A-130
4 A-130
3 A-130
254 sq ft
76 sq ft
104 sq ft
427 sq ft
130 sq ft
104 sq ft
279 sq ft

REQUIRED

LANDING AT
DOORS, TYP.

LAUNDRY

LIVING ROOM
BATH #1
BEDROOM #1
ENTRY
CLOSET #1
CLOSET #2

COVERED

CARPORT
ABOVE
ABOVE
ABOVE

ABOVE ABOVE
ABOVE

ABOVE H I
ABOVE

ABOVE J
ABOVE
ABOVE
N2
ABOVE
O2
B

ABOVE L

WALL MOUNTED

WATER HEATER
A2
C2
K2
D2 E2
F2
3'-11"
11'-8"
6'-4"
3'-6"
3'
7'
3'-6"
13'-5 3/4"
2 A-130
BEDROOM #2 SHOWER
BATH #2
INTERIOR WALLS 2X4 STUDS @ 16" O.C.

DOOR MARKER REFER TO DOOR SCHEDULE

WINDOW MARKER REFER TO WINDOW SCHEDULE

CONCRETE PAVEMENT

REQUIRED LANDINGS OUTSIDE ALL EXTERIOR DOORS
###
##
1 SCALE: 1/4" = 1'-0"

FLOOR PLAN
LEGEND

GENERAL NOTES

1. BATHTUB AND SHOWER FLOORS AND WALLS ABOVE BATHTUBS WITH SHOWERS AND

SHOWER COMPARTMENTS SHALL BE FINISHED WITH A NONABSORBENT SURFACE TO A HEIGHT OF 6 FEET ABOVE THE FLOOR PER CRC R307.2.

2. Water closets shall have an average water consumption of not more than 1.28 gallons per flush. (411.2 CPC) Note on plans.

3. Shower heads shall have a water flow not to exceed 2.0 gallons per minute at 80 psi. (408.2 CPC) Note on plans.

4. The maximum flow rate of lavatory faucets shall not exceed 1.2 gallons per minute at 60 psi. (403.7 CPC) Note on plans.

5. Faucets in kitchens shall have a water flow not to exceed 1.8 gallons per minute at 60 psi and may temporarily increase the flow above the maximum rate, but not to exceed 2.2 gallons per minute, and must default to a maximum flow rate of 1.8 gallons per minute. (407.2.1.1 CPC) Note on plans.
1 7/26/22 PLAN CHECK CORRECTIONS
319
P
1 SHEET TITLE

DESCRIPTION
PROJECT NO: LVL.002
COMMENCEMENT DATE: 2/23/2022
DRAWN BY: SPP
CHK'D BY: GSY
PUBLISHED DATE: 8/31/2022

MARK DATE
A-120

REVISIONS
7/26/22 PLAN CHECK CORRECTIONS

CITY APPROVAL STAMP
e
C-1 Cover Sheet

ROOF PLAN

GUEST HOUSE FOR

MICHAEL & TREA
REILLY
STEVEN P. PORTER
email: [email protected] P
DESIGN
29590 Landau Blvd #1
Cathedral City, CA 92234
telephone: (760) 808-9487 S
N
1 1
W D
1 A-130
4 A-130
3 A-130
254 sq ft
76 sq ft
104 sq ft
427 sq ft
130 sq ft
104 sq ft
279 sq ft
TOP OF ROOF 13'-0"
TOP OF ROOF 16'-7"
TOP OF ROOF 16'-7"
TOP OF ROOF 13'-0"
2 A-130
2 1/2" PER 1'-0" MIN.
2 1/2" PER 1'-0" MIN.
1/4" PER 1'-0" MIN. 1/4" PER 1'-0" MIN.
1/4" PER 1'-0" MIN. 1/4" PER 1'-0" MIN.
2 1/2" PER 1'-0" MIN. 2 1/2" PER 1'-0" MIN.
2 1/2" PER 1'-0" MIN.

ROOF PITCH / SLOPE DIRECTION

ROOF CRICKET
ROOF MATERIAL: THERMOPLASTIC POLYOLEFIN (TPO) MEMBRANE
SOLAR PANEL SYSTEM; MIN. SIZE 375 S.F. (DEFERRED APPROVAL)

EXPERIENCE THE CARLISLE DIFFERENCE
Reinforced Membrane
LEED Information
Pre-consumer Recycled Content 10%
Post-consumer Recycled Content 0%
Manufacturing Location Senatobia, MS
Tooele, UT
Carlisle, PA
Solar Refl ectance Index (SRI) 99 (white) 86 (tan)
Radiative Properties for
ENERGY STAR*, and LEED
Test Method White
TPO
Tan
TPO
Gray
TPO
ENERGY STAR – Initial solar
reflectance
Solar Spectrum
Reflectometer

0.79 0.71 N/A
ENERGY STAR – Initial solar
reflectance after 3 years
Solar Spectrum
Refl ectometer
(uncleaned)

0.70 0.64 N/A
CRRC – Initial solar
reflectance
ASTM C1549 0.79 0.71 0.46
CRRC – Solar reflectance
after 3 years
ASTM C1549
(uncleaned)

0.70 0.64 0.43
CRRC – Initial thermal
emittance
ASTM C1371 0.90 0.86 0.89
CRRC – Thermal emittance
after 3 years
ASTM C1371
(uncleaned)

0.86 0.87 0.88
LEED – Thermal emittance PASS 0.90 0.86 0.85
SRI - Initial
(Solar Refl ectance Index)
99 86 53
SRI - 3 year aged
(Solar Refl ectance Index)
85 77 48
Radiative Properties (Initial) for Special Colors
Refl ectance Emittance SRI
Medium Bronze 0.28 0.86 29
Rock Brown 0.25 0.87 26
Slate Gray 0.38 0.87 42
Terra Cotta 0.25 0.86 25
Patina Green 0.25 0.88 25
Solar Refl ectance Index (SRI) is calculated per ASTM E1980. The SRI is a measure of the roof’s ability to reject solar heat, as shown by a small temperature rise. It is defi ned so that a standard black (refl ectance 0.05, emittance 0.90) is 0 and a standard white (refl ectance

0.80, emittance 0.90) is 100. Materials with the highest SRI values are the coolest choices for roofi ng. Due to the way SRI is defi ned, particularly hot materials can even take slightly negative values and particularly cool materials can even exceed 100. *ENERGY STAR recommends that using the Roof Savings Calculator (rsc.ornl.gov), which factors in both heating and cooling costs, to determine whether a cool roof will be an energy effi cient choice for your geographic climate and building type. - 5 days water immersion at 158°F (70°C) followed by - 5,040 kJ/m² (2000 hours at 0.70 W/m² irradiance) xenon-arc exposure
*Test specimen is 2.75” by 5.5” piece of membrane with edges sealed. *Criterion – after 3 complete cycles, test specimens shall remain fl exible and not have any cracking under 10x magnifi cation while wrapped around a 3”-diameter mandrel.

Supplemental Approvals, Statements
and Characteristics:

1. Sure-Weld TPO meets or exceeds the requirements of ASTM D6878 Standard Specification for Thermoplastic Polyolefin-Based Sheet Roofing.

2. Radiative Properties for ENERGY STAR, Cool Roof Rating Council (CRRC) and LEED.

3. Sure-Weld TPO membranes conform to requirements of the US E.P.A. Toxic Leachate Test (40 CFR part 136) performed by an independent analytical laboratory.

4. Sure-Weld TPO was tested for dynamic puncture resistance per ASTM D5635-04 using the most recently modified impact head. 45-mil was watertight after an impact energy of 12.5 J (9.2 ft-lbf) and 60-mil was watertight after 22.5 J (16.6 ft-lbf). 80-mil EXTRA was watertight after an impact energy of 30.0 J (22.1 ft-lbf).

5. NSF-P151 Certifi cation for rainwater catchment system components. - Plant 91/White Only
1 SCALE: 1/4" = 1'-0"

ROOF PLAN
LEGEND

GENERAL NOTES

1. PROVIDE (2) LAYERS OF GRADE D PAPER OVER ALL WOOD BASE SHEATHING.

2. PROVIDE A WEEP SCREED FOR STUCCO AT FOUNDATION PLATE LINE A MINIMUM OF 4" ABOVE GRADE OR 2" ABOVE PAVED SURFACES.

3. ROOFING MATERIALS SHALL COMPLY WITH 2019 CRC STANDARDS AND SHALL BE INSTALLED PER THE MANUFACTURER'S SPECIFICATIONS.

4. THE FOUNDATION AND FRAMING ELEMENTS SHOWN IN THESE PLANS ARE FOR REFERENCE ONLY. REFER TO THE STRUCTURAL PLANS, DETAILS AND CALCULATIONS FOR STRUCTURAL INFORMATION.

5. ALL FOAM PLASTIC INSULATION SHALL HAVE A FLAME SPREAD RATING OF NOT MORE THAN 75 AND A SMOKE-DEVELOPED RATING OF NOT MORE THAN 450.

6. ALL FLASHING, COUNTER FLASHING AND COPING WHEN OF METAL SHALL BE NOT LESS THAN NO. 28 GA.

7. ROOFING MATERIALS SHALL COMPLY WITH 2019 CRC STANDARDS PER CHAPTER 15 AND BE INSTALLED PER MANUFACTURER'S SPECIFICATIONS.

8. ROOF VENTS SHALL BE PAINTED TO MATCH ROOF COLOR.

9. ALL FLASHING SHALL BE PAINTED TO MATCH ADJACENT COLOR.

10. ATTIC VENTILATION OPENINGS SHALL BE COVERED WITH CORROSION-RESISTANT METAL MESH OPENINGS OF 1/4-INCH IN DIMENSION.

11. ALL WEATHER EXPOSED SURFACES SHALL HAVE A WEATHER RESISTIVE BARRIER TO

PROTECT THE INTERIOR WALL COVERING & ALL EXTERIOR OPENINGS SHALL BE FLASHED IN SUCH A MANNER AS TO MAKE THEM WEATHERPROOF.

ROOFING SYSTEM
SURE-WELD TPO ROOFING SYSTEM:

CLASS A
ICC-ES ESR-1463

MECHANICALLY FASTENED SYSTEMS (SURE-WELD / SURE-FLEX)

1. THE SURE-WELD MECHANICALLY FASTENED ROOFING SYSTEM INCORPORATES 12', 10' OR 8' WIDE, WHITE, TAN OR GRAY IN 45, 60 OR 80-MIL THICK SCRIM-REINFORCED, SURE-WELD THERMOPLASTIC POLYOLEFIN (TPO) MEMBRANE FIELD SHEETS.

INSULATION IS MECHANICALLY FASTENED TO AN ACCEPTABLE ROOF DECK. SURE-WELD PERIMETER SHEETS (6' USED WITH 10' AND 12' WIDE FIELD SHEETS; 4' USED WITH 8'

WIDE FIELD SHEETS) ARE INSTALLED ALONG BUILDING EDGES AND FIELD MEMBRANE

SHEETS ARE MECHANICALLY FASTENED TO THE ROOF DECK WITH THE APPROPRIATE CARLISLE FASTENERS AND FASTENING PLATES. ADJOINING SHEETS OF SURE-WELD MEMBRANE ARE OVERLAPPED AND JOINED TOGETHER WITH A MINIMUM 1-1/2" WIDE HEAT WELD. MEMBRANE FASTENING REQUIREMENTS ARE OUTLINED IN WARRANTY TABLES IN PARAGRAPH 1.05 OF THIS SPECIFICATION.

ROOF UNDERLAYMENT

GRACE CONSTRUCTION PRODUCTS
WWW.NA.GRACECONSTRUCTION.COM
ICC# ESR-1167
INSTALL "GRACE ULTRA" SELF-ADHERING SHEET MEMBRANE ROOF UNDERLAYMENT

PER MANUFACTURER'S SPECIFICATIONS AND INSTALLATION INSTRUCTIONS BY GRACE CONSTRUCTION PRODUCTS.

SOLAR AREA CALCULATION
TOTAL ROOF AREA: 2,500 S.F.

SOLAR AREA SHALL BE NO LESS THAN 15% OF TOTAL ROOF AREA 2,500 S.F. X 15% = 375 S.F. MINIMUM

ROOF HEIGHT CALCULATION
TOTAL ROOF AREA: 2,500 S.F.

ONLY 30% OF THE TOTAL ROOF AREA SHALL EXCEED 15' IN HEIGHT TO A MAXIMUM OF 18'. 2,500 S.F. X 30% = 750 S.F. MAXIMUM
NO ROOF AREA EXCEEDS 18' IN HEIGHT

TESTING
METHOD
WHITE
TPO
TAN
TPO
GRAY
TPO
320
SCALE: 1/4"=1'-0" CASITA - FRONT ELEVATION SCALE: 1/4"=1'-0" CASITA - RIGHT ELEVATION SCALE: 1/4"=1'-0" CASITA - REAR ELEVATION SCALE: 1/4"=1'-0" CASITA - LEFT ELEVATION

RODOLFO LIZARDE
321
P
1 SHEET TITLE

DESCRIPTION
PROJECT NO: LVL.002
COMMENCEMENT DATE: 2/23/2022
DRAWN BY: SPP
CHK'D BY: GSY
PUBLISHED DATE: 8/31/2022

MARK DATE
A-140

REVISIONS
7/26/22 PLAN CHECK CORRECTIONS

CITY APPROVAL STAMP
e
C-1 Cover Sheet

BUILDING

SECTIONS

GUEST HOUSE FOR

MICHAEL & TREA
REILLY
STEVEN P. PORTER
email: [email protected] P
DESIGN
29590 Landau Blvd #1
Cathedral City, CA 92234
telephone: (760) 808-9487 S
N
1 WINDOW

ROOF JOISTS

PER STRUCTURAL

ROOF FASCIA W/
PAINT FINISH, TYP.

CLERESTORY WINDOW

NEW INSULATION

ABOVE DECK, TYP

CONCRETE SLAB & FOOTING

PER STRUCTURAL
BEDROOM #1 LIVING ROOM SHOWER BATH #2
2X6 WOOD FRAMED WALLS

PER STRUCTURAL

CEMENT PLASTER

SLIDING GLASS DOOR

ROOF FASCIA W/
PAINT FINISH, TYP.

CLERESTORY WINDOW

CONCRETE SLAB & FOOTING

PER STRUCTURAL

ENTRY LIVING ROOM

ROOF JOISTS

PER STRUCTURAL

NEW INSULATION

ABOVE DECK, TYP
2X6 WOOD FRAMED WALLS

PER STRUCTURAL

CEMENT PLASTER
1 A-140 1
A-140
2 A-140
2 A-140
1 SCALE: 1/4" = 1'-0"

SECTION N-S
2 SCALE: 1/4" = 1'-0"

SECTION E-W

GENERAL NOTES

KEY PLAN

1. PROVIDE (2) LAYERS OF GRADE D PAPER OVER ALL WOOD BASE SHEATHING.

2. PROVIDE A WEEP SCREED FOR STUCCO AT FOUNDATION PLATE LINE A MINIMUM OF 4" ABOVE GRADE OR 2" ABOVE PAVED SURFACES.

3. ATTIC VENTILATION SHALL BE INSTALLED PER CRC R806.2. OPENINGS SHALL BE COVERED WITH CORROSION-RESISTANT METAL MESH WITH 1/4" OPENINGS.

4. ROOFING MATERIALS SHALL COMPLY WITH 2019 CRC STANDARDS AND SHALL BE INSTALLED PER THE MANUFACTURER'S SPECIFICATIONS.

5. THE FOUNDATION AND FRAMING ELEMENTS SHOWN IN THESE PLANS ARE FOR REFERENCE ONLY. REFER TO THE STRUCTURAL PLANS, DETAILS AND CALCULATIONS FOR STRUCTURAL INFORMATION.

6. WOOD IN CONTACT WITH CONCRETE AND / OR EXPOSED SHALL BE DECAY RESISTANT LUMBER OR PRESSURE TREATED PER CRC 317.1.

7. STUCCO TO BE 3 COATS MINIMUM WHEN APPLIED OVER METAL LATH WITH 2 LAYERS OF GRADE D PAPER PER CRC R703.7.2 & R703.7.3.

8. BATHTUB AND SHOWER FLOORS AND WALLS ABOVE BATHTUBS WITH INSTALLED

SHOWER HEADS AND IN SHOWER COMPARTMENTS SHALL BE FINISHED WITH A NONABSORBENT SURFACE. WALL SURFACES SHALL EXTEND TO A HEIGHT OF NOT LESS THAN 6 FEET ABOVE THE FLOOR. CRC R307.2.

9. GYPSUM BOARD SHALL NOT BE USED WHERE THERE WILL BE DIRECT EXPOSURE TO WATER, OR IN AREAS SUBJECT TO CONTINUOUS HIGH HUMIDITY. CRC R702.3.7.

10. FIRE BLOCKING PER CRC SECTION R302.11 AND R302.11.1.

11. PROVIDE WATER RESISTIVE BARRIER PER CRC R703.2.

12.. SUBCONTRACTOR TO FIELD VERIFY ALL CONDITIONS PRIOR TO ANY FABRICATION.

13. THESE PLANS AND SECTIONS ARE DRAWN AS A DESIGN TOOL TO ASSIST SUBCONTRACTOR IN THE PREPARATION OF THE SHOP DRAWINGS. SHOP DRAWINGS ARE TO BE APPROVED BY THE OWNER AND LOCAL BUILDING OFFICIAL. 322
P
1 SHEET TITLE

DESCRIPTION
PROJECT NO: LVL.002
COMMENCEMENT DATE: 2/23/2022
DRAWN BY: SPP
CHK'D BY: GSY
PUBLISHED DATE: 8/31/2022

MARK DATE
A-150

REVISIONS
7/26/22 PLAN CHECK CORRECTIONS

CITY APPROVAL STAMP
e
C-1 Cover Sheet

DOOR & WINDOW

SCHEDULES AND

ELEVATIONS

GUEST HOUSE FOR

MICHAEL & TREA
REILLY
STEVEN P. PORTER
email: [email protected] P
DESIGN
29590 Landau Blvd #1
Cathedral City, CA 92234
telephone: (760) 808-9487 S
1 8'-2"
8'-4" 12'-4"
8'-2"8'-2"
3'-4"
4'-0"
9'-2"
ED3
ED6
ED5 ED4
ED2
ED1
6'-0" 4'-0" 8'-3"
3'-0"
8'-0"8'-0"
8'-0"
8'-0"
3'-0" 3'-0"
ID1
ID6
ID2
ID5
ID6
ID3
8'-5"
4'-6" 2'-4"
3'-6"
11'-11"
11'-8"
2'-0"
8'-0"
2'-11"
2'-3"
4'-4"
4'-4"
2'-4"
4'-4"
6'-6"
2'-4"
4'-0" 5'-0"
2'-1"
1'-1" 9'-2"
12'-10"
1'-9"
3'-1" 2'-8"
1'-8"
1'-7"
D1
D2
E1
E2
F1
F2
G
H
A2
A1
C1
B
C2
5'-0"
3'-2"
3'-6"
8'-2"
13'-4"
2'-0"
3'-6"
8'-0"
4'-0"
5'-0"
13'-7"
2'-4" 7'-6" 6'-2"
2'-3" 2'-6"
3'-2"
8'-9"
K1
K2 I L J
M
N1
N2 O2
01 MARKER WINDOW TYPE DOOR SIZE GLAZING MATERIAL FINISH

EXTERIOR
ED1
ED2
GLASS PIVOT DOOR 4'-0"W x 9'-0"H TEMPERED
SINGLE SWING DOOR 3'-0"W x 8'-0"H TEMPERED
ED3 8'-0"W x 8'-0"H TEMPERED
ED4 SLIDING GLASS DOOR 12"-0"W x 8'-0"H TEMPERED
ED5 TEMPERED

ALUMINUM /
GLASS
POWDER
COATED

SLIDING GLASS DOOR

SLIDING GLASS DOOR
ED6 8"-0"W x 8'-0"H TEMPERED

ALUMINUM /
GLASS
POWDER
COATED

SLIDING GLASS DOOR
8'-0"W x 8'-0"H

INTERIOR
PAINT
ID1
ID2
WOOD
NONE

SLIDING CLOSET
DOORS
ID3

DOUBLE BI-FOLD
DOORS
ID4
ID5
NONE
NONE
4-0"W x 8'-0"H
POCKET DOOR 3'-0"W x 8'-0"H NONE
6'-0"W x 8'-0"H NONE

DOUBLE POCKET
DOOR
NONE
ID7

WOOD PAINT

WOOD PAINT
ID6 6-0"W x 8'-0"H NONE

SLIDING CLOSET
DOORS

WOOD PAINT
6-0"W x 8'-0"H

DOUBLE POCKET
DOOR
6'-0"W x 8'-0"H
POCKET DOOR 3'-0"W x 8'-0"H

MARKER WINDOW TYPE WINDOW SIZE GLAZING MATERIAL FINISH

EXTERIOR
A2 FIXED WINDOW 12'-10"W x HT. VARIES TEMPERED

ALUMINUM /
GLASS
POWDER
COATED
B
5'-0"W x 9'-2"H TEMPERED

ALUMINUM /
GLASS
POWDER
COATED
4'-0"W x HT. VARIES TEMPERED

ALUMINUM /
GLASS
POWDER
COATED
C1
6'-2"W x 2'-3"H

FIXED WINDOW
A1 FIXED WINDOW 12'-10"W x HT. VARIES TEMPERED

ALUMINUM /
GLASS
POWDER
COATED

FIXED WINDOW
5'-0"W x HT. VARIES TEMPERED

ALUMINUM /
GLASS
POWDER
COATED
C2 FIXED WINDOW
O2 FIXED WINDOW
POWDER
COATED

ALUMINUM /
GLASS

TEMPERED
O1 FIXED WINDOW 6'-2"W x 2'-6"H
POWDER
COATED

ALUMINUM /
GLASS

TEMPERED
N2 FIXED WINDOW 7'-6"W x 2'-3"H
POWDER
COATED

ALUMINUM /
GLASS
N1 FIXED WINDOW 7'-6"W x 2'-6"H
POWDER
COATED

ALUMINUM /
GLASS
M FIXED WINDOW 2'-4"W x 13'-7"H
POWDER
COATED

ALUMINUM /
GLASS

TEMPERED
L FIXED WINDOW 8'-0"W x HT VARIES
POWDER
COATED

ALUMINUM /
GLASS
K2 FIXED WINDOW 5'-0"W x 8'-2"H
POWDER
COATED

ALUMINUM /
GLASS
6'-6"W x 2'-4"H
5'-0"W x HT VARIES

ALUMINUM /
GLASS
POWDER
COATED
D1 FIXED WINDOW
K1 FIXED WINDOW

ALUMINUM /
GLASS
POWDER
COATED
D2 FIXED WINDOW 6'-6"W x 4'-4"H
POWDER
COATED

ALUMINUM /
GLASS

TEMPERED
J FIXED WINDOW 8'-9"W x 3'-2"H
POWDER
COATED

ALUMINUM /
GLASS I FIXED WINDOW 13'-4"W x HT VARIES
POWDER
COATED
4'-4"W x 2'-4"H

ALUMINUM /
GLASS

ALUMINUM /
GLASS
POWDER
COATED
E1 FIXED WINDOW
8'-0"W x HT. VARIES

ALUMINUM /
GLASS
POWDER
COATED
E2 FIXED WINDOW 4'-4"W x 4'-4"H
4'-4"W x 2'-4"H

FIXED WINDOW

ALUMINUM /
GLASS
POWDER
COATED
F1 FIXED WINDOW H

ALUMINUM /
GLASS
POWDER
COATED
F2 FIXED WINDOW 4'-4"W x 4'-4"H
2'-0"W x HT. VARIES TEMPERED

ALUMINUM /
GLASS
POWDER
COATED

G FIXED WINDOW
POWDER
COATED

ALUMINUM /
GLASS
1 SCALE: 1/4" = 1'-0"

EXTERIOR DOOR ELEVATIONS
2 SCALE: 1/4" = 1'-0"

INTERIOR DOOR ELEVATIONS
3 SCALE: 1/4" = 1'-0"

WINDOW ELEVATIONS
4 SCALE: 1/4" = 1'-0"

WINDOW ELEVATIONS

EXTERIOR DOOR SCHEDULE

INTERIOR DOOR SCHEDULE

WINDOW SCHEDULE
323
P
1 SHEET TITLE

DESCRIPTION
PROJECT NO: LVL.002
COMMENCEMENT DATE: 2/23/2022
DRAWN BY: SPP
CHK'D BY: GSY
PUBLISHED DATE: 8/31/2022

MARK DATE
E-100

REVISIONS
7/26/22 PLAN CHECK CORRECTIONS

CITY APPROVAL STAMP
e
C-1 Cover Sheet

ELECTRICAL PLAN

GUEST HOUSE FOR

MICHAEL & TREA
REILLY
STEVEN P. PORTER
email: [email protected] P
DESIGN
29590 Landau Blvd #1
Cathedral City, CA 92234
telephone: (760) 808-9487 S
1 N
W D
1 A-130
4 A-130
3 A-130
12'-0" AT LOW POINT
15'-7" AT HIGH POINT
15'-7" AT HIGH POINT
10'-1" AT LOW POINT
200A ELECTRICAL PANEL

PHOTOCELL

HOSE BIB

LAUNDRY

LIVING ROOM
BATH #1
BEDROOM #1
ENTRY
VARIES
VARIES

COVERED

CARPORT
VARIES
VARIES
VARIES
VARIES
W
W
3-WAY
3-WAY
3-WAY
3-WAY
VS
VS
VS
TV
GFCI
GFCI
TV
TV
WP
GFCI
WP
GFCI
2 A-130
BEDROOM #2
BATH #2
AUTO
AUTO

LIGHT FIXTURE PER ELECTRICAL PLAN

LIGHT FIXTURE PER ELECTRICAL PLAN
#' - #"
EXTERIOR SOFFITS: PLASTER W/ PAINT FINISH
INTERIOR CEILINGS: GYPSUM BOARD W/ PAINT FINISH

CEILING HEIGHT INDICATOR
LIGHT FIXTURE: 6" RECESSED LED

CEILING FAN TO BE SELECTED BY OWNER
SINGLE POLE DIMMER SWITCH MOUNTED @ 48" A.F.F.

UNLESS NOTED OTHERWISE
120V DUPLEX RECEPTACLE CONVENIENCE OUTLET
MOUNTED AT 12" ABOVE FLOOR UNLESS NOTED

OTHERWISE (TAMPER RESISTANT)
120V DUPLEX CONVENIENCE RECEPTACLE W/ GROUND

FAULT CIRCUIT INTERRUPTER (TAMPER RESISTANT)
SWITCH MOUNTED AT 48" A.F.F. UNLESS NOTED

OTHERWISE, SINGLE POLE WITH VACANCY SENSOR VS
GFCI
120V OR 240V WEATHERPROOF DUPLEX RECEPTACLE

W/ GROUND FAULT CIRCUIT INTERRUPTER (TAMPER

RESISTANT)
WP
GFCI
LIGHT FIXTURE: EXTERIOR WALL SCONCE
LIGHT FIXTURE: 6" RECESSED LED, LABELED
'SUITABLE FOR DAMP LOCATIONS'
W

SMOKE ALARM, ICC APPROVED, CEILING MOUNTED,
U.N.O. 110V, INTERCONNECTED AND HARDWIRED,

PROVIDED WITH A BATTERY PACK
CARBON MONOXIDE, CEILING MOUNTED, U.N.O.
110V, INTERCONNECTED AND HARDWIRED,

PROVIDED WITH A BATTERY PACK

EXHAUST FAN
1 SCALE: 1/4" = 1'-0"

ELECTRICAL PLAN
LEGEND

GENERAL NOTES

1. FOR THE BATHROOM, RECEPTACLE OUTLETS SHALL BE SUPPLIED BY DEDICATED 20 AMP BRANCH CIRCUIT PER CEC 210.11(C)(3). THIS CIRCUIT CANNOT SUPPLY ANY OTHER RECEPTACLES, LIGHTS, FANS, ETC. (EXCEPTION: WHERE THE CIRCUIT

SUPPLIES A SINGLE BATHROOM, OUTLETS FOR OTHER EQUIPMENT WITHIN THE SAME BATHROOM SHALL BE ALLOWED).

2. FOR THE KITCHEN,
i) A MINIMUM OF TWO 20-AMP DEDICATED CIRCUITS SHALL BE PROVIDED FOR SMALL APPLIANCES. CEC 210.52(C)(3).
ii) WALL SPACES ALONG THE KITCHEN COUNTERTOP SHALL BE PROVIDED WITH RECEPTACLES SUCH THAT NO POINT ALONG THE WALL LINE IS MORE THAN 24 INCHES, MEASURED HORIZONTALLY, FROM A RECEPTACLE OUTLET IN THAT SPACE.

CEC 210.52(C)(1).
iii) ALL 125 VOLT, SINGLE PHASE, 15 AND 20 AMPERE RECEPTACLES ON THE KITCHEN COUNTERTOP TO BE GFCI PROTECTED. CEC 210.8

3. FOR THE LAUNDRY ROOM, LAUNDRY RECEPTACLE OUTLET TO BE SUPPLIED BY A DEDICATED 20 AMP BRANCH CIRCUIT PER CEC 210.11(C)(2).

4. FOR RECEPTACLES, LOCATED OUTDOORS, SHALL BE GFCI PROTECTED AND WEATHERPROOF PER CEC 210.8 AND 406.9(B).

5. ALL 120-VOLT, SINGLE PHASE, 15 AND 20 AMPERE BRANCH CIRCUITS SUPPLYING

OUTLETS INSTALLED IN DWELLING UNIT KITCHEN, FAMILY ROOMS, DINING ROOMS,

LIVING ROOMS, PARLORS, LIBRARIES, DENS, BEDROOMS, SUNROOMS, RECREATION

ROOMS, CLOSETS, HALLWAYS, OR SIMILAR ROOMS OR AREAS SHALL BE PROTECTED BY A LISTED ARC-FAULT CIRCUIT INTERRUPTER.

6. ALL 125-VOLT, 15 AND 20 AMPERE RECEPTACLE OUTLETS SHALL BE LISTED TAMPER-RESISTANT RECEPTACLES PER CEC 406.12.

7. SPECIFY ALL INSTALLED LUMINAIRES TO BE HIGH-EFFICACY IN ACCORDANCE WITH CENERGYC TABLE 150.0-A. CENERGYC 150(k)(1)(A).

8. AT BATHROOMS, GARAGES, AND LAUNDRY ROOMS, SPECIFY AT LEAST ONE

LUMINAIRE IN EACH OF THESE SPACES TO BE CONTROLLED BY A VACANCY SENSOR PER CENERGYC TABLE 150(K)(2)(1).

9. FOR RECESSED LUMINAIRES, SPECIFY FIXTURES TO BE LISTED FOR ZERO

CLEARANCE INSULATION CONTACT (IC) BY UL OR OTHER NATIONALLY RECOGNIZED TESTING/RATING LABORATORY. CEC 150(K)(1)(C).

10. SPECIFY LUMINAIRES THAT ARE NOT CONTROLLED BY OCCUPANCY OR VACANCY SENSORS TO HAVE DIMMING CONTROLS. CENERGY TABLE 150(K)(2)(J). 324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340

C I T Y O F P A L M
D E S E R T 73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760-776-6483
[email protected]

CITY OF PALM DESERT

PUBLIC HEARING NOTICE
CASE NO. PP 24-0005

NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE CITY

COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, FOR THE APPROVAL OF A HILLSIDE DEVELOPMENT PLAN TO CONSTRUCT A DETACHED GUESTHOUSE AT 72240

WEST UPPER WAY
The City of Palm Desert (City), in its capacity as the Lead Agency for this project and pursuant to the California Environmental Quality Act (CEQA), has determined that this project is Categorically Exempt from CEQA review in accordance with CEQA Guidelines Section 15303: Class 3 (New Construction or Conversion of Small Structures). The City Council will consider this determination at the hearing.

PROJECT LOCATION: 72240 West Upper Way, Palm Desert, CA 92260 (APN: 628-130-007).

PROJECT DESCRIPTION: The project applicant, Michael Reilly, is requesting a Hillside Development Plan to construct a detached, single-story, 1,103 square-foot residential guesthouse on a property developed with an existing residential dwelling. The project is an amendment to previously approved PP 21-0005.

PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Desert, California, will hold a Public Hearing at its meeting on October 10, 2024. The City Council meeting begins at 6:00 p.m. in the Council Chamber at 73510 Fred Waring Drive, Palm Desert, California.

Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting allowing public access via teleconference or in person. Options for remote participation will be listed on the Posted Agenda for the meeting at https://www.palmdesert.gov/departments/city-manager-soffice/city-clerk/committee-calendar.

REVIEW OF PROJECT INFORMATION: Information concerning the proposed lease rate and licensing requires is available for review in the Office of the City Clerk at 73510 Fred Waring Drive, Palm Desert, California during regular business hours and on the City’s website at https://www.palmdesert.gov/our-city/mayor-and-city-council-/city-council-meeting-informationcenter COMMENT ON THIS APPLICATION: Response to this notice may be made as follows: Written comments may be submitted to the City Council by letter to the address below or email at [email protected]. Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the City Council as soon as practicable and retained for the official record.

Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]).

Si necesita ayuda con esta notificación, por favor llame a la Ciudad de Palm Desert y comuníquese con Gloria Sanchez (760) 346-0611 ext. 354
PUBLISH: THE DESERT SUN ANTHONY MEJIA
SEPTEMBER 27, 2024 CITY CLERK
341
342
From: Stephania Denton
To: Carlos Flores
Subject: Case No. PP 24-0005
Date: Tuesday, August 27, 2024 1:10:27 PM
Dear Mr. Flores
I am writing because I received a copy of a Public Hearing Notice for a guest house proposed to be built at 72240 West Upper Way in Palm Desert. I live full-time at 72700 Bel Air Rd., just below the hill from the proposed construction.

I am writing to express my strong support for this proposed guest house. I reviewed the plans, and it appears to me that this particular project promises a stunning design that harmonizes with the natural landscape and uses appropriate materials that reflect our area’s beauty. It looks like the project was changed so that the guest house is placed even further back, and away, from the cliff area on the buildable lot, so it will be virtually invisible from Highway 74, and my house as I look up to the hill.

In addition, several times a week, I hike the Cross trail and I descend down the back side walking along West Upper Way road. Currently, the land where the guest house is proposed is just a mound of dirt. If the guest house is not built, then the area will remain ugly.

Thank you for allowing me the opportunity to provide comment.

Stephania Denton
206-300-1323
343
344

Page 1 of 2 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: October 10, 2024
PREPARED BY: Joe Barron, Senior Contracts and Grants Analyst Veronica Chavez, Director of Finance
SUBJECT: ADOPT SUBSTANTIAL AMENDMENT TO ANNUAL ACTION PLAN FOR PROGRAM YEAR 2020 COMMUNITY DEVELOPMENT BLOCK GRANT
RECOMMENDATION:

1. Conduct the public hearing and receive public testimony.

2. Adopt the Substantial Amendment to PY 2020 Annual Action Plan.

3. Authorize the Director of Finance to appropriate $176,000 to CDBG Program Expenditure Account No. 2204649-4400100, Palma Village Park Capital Project.

4. Approve the Project agreement amendment with the Joslyn Center.

BACKGROUND/ANALYSIS:

The Community Development Block Grant (CDBG) is a grant program administered by the U.S.

Department of Housing and Urban Development (HUD). The program funds activities that provide decent housing, create suitable living environments, and expand economic opportunities for low- and moderate-income people.

To receive CDBG Program funds, the City of Palm Desert is required to submit an Annual Action Plan to HUD. The Action Plan outlines eligible activities selected for CDBG funding, including CDBG-CV funds in Program Year (PY) 2020, which were used for to prevent, prepare for, and respond to Coronavirus (COVID-19), as authorized by the Coronavirus Aid, Relief, and Economic Security (CARES) Act. On May 28, 2020, City Council approved the first CDBG-CV allocation of $241,144 and the second round of funding was approved on November 19, 2020, in the amount of $610,230. The Action Plan being amended represents the third year of the Program Year 2018-2022 Consolidated Plan. The City received $409,861 in CDBG funds in Program Year 2020, plus a CDBG-CV allocation of an additional $851,374.

This substantial amendment to the City of Palm Desert’s PY 2020 Annual Action Plan is to increase funding in the Facilities Improvements Project to include increases for the Palma Village Park Project (an overall increase of an additional $176K) and The Joslyn Center ADA Restroom Project (an overall project increase of $69K).

Funding has been reallocated from the program allocations due to underutilization of the CDBGCV funds.

The Joslyn Center plays a critical role in supporting the City’s senior population. Ensuring accessible restrooms for staff and clients is vital to avoid disruptions to essential services and therefore qualifies for use of the CDBG-CV funds. Additionally, CDBG-CV funds are intended to support projects that promote social distancing, such as the Palma Village Park project. 345
City of Palm Desert
PY20 CDBG Substantial Amendment

Page 2 of 2 ends

Enhancing parks ensures Palm Desert residents have access to open spaces, which is crucial in the event of future restrictions similar to those seen during the COVID-19 pandemic. Both projects maintain the required COVID-19 tieback, as stipulated by the funding entity.

During the development of the PY2020 Annual Action Plan and both subsequent Substantial Amendments, the Council has held a public hearing to receive public comments pursuant to the Housing and Community Development Act of 1974 as amended and the Community Development Block Grant (CDBG) Program regarding the PY 2020 Action Plan.

A 30-day notice of the substantial amendment was posted in The Desert Sun on September 09, 2024 and on the City’s website (https://www.cityofpalmdesert.org/departments/specialprograms/community-development-block-grant-cdbg). The 30-day comment period began September 09, 2024, and ends October 10, 2024. A 10-day advance notice of action was also posted on September 27, 2024, announcing this public hearing. Both notices were published in the Desert Sun.

Legal Review:

This report has been reviewed by the City Attorney’s Office.

FINANCIAL IMPACT:

Costs for CDBG projects are eligible for 100% reimbursement from HUD, so there is no impact to the General Fund with this action.

ATTACHMENTS:

1. Annual Action Plan PY 2020 CDBG Substantial Amendment No. 3

2. Draft- The Joslyn Center Amendment
346
DRAFT Substantial Amendment CDBG Annual Action Plan PY 2020 1 OMB Control No: 2506-0117 (exp. 09/30/2021)
This Action Plan Amendment increases funding for two existing activities by reprogramming CDBG funds from Program Year (PY) 2020 and unprogrammed funds from PY 2018. The substantial amendment includes a -$62 adjustment per HUD.3-29-23 –
The purpose of this Substantial Amendment #2 to the City of Palm Desert's FY 2020-21 Annual Action Plan is to reallocate $142,490 from Palma Village Sidewalk Improvement project to Palma Village Park Improvement project. The Palma Village Sidewalk Improvement project has been cancelled. The City Council approved this on 1/26/2023.Proposed
Substantial Amendment 3 (Draft July 2024) to the City of Palm Desert's FY 2020-21 Annual Action Plan is to reallocate resources to new newly identified activities that have appropriate PPE tieback due to a lapse and ultimate close out in previously approved projects. Council will consider this Amendment for approval at their first meeting in October of 2024.

Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
In order to receive Community Development Block Grant (CDBG) Program funds, the City of Palm Desert (City) is required to submit an Annual Action Plan (Action Plan) to the U.S. Department of Housing and Urban Development (HUD). The Action Plan outlines eligible activities selected to fund with CDBG funds in Program Year 2020. The Action Plan represents the third year of the Program Year 2018-2022 Consolidated Plan (Consolidated Plan). The City will receive $409,923 in CDBG funds in Program Year 2020. The Action Plan utilizes the statutory waivers provided in the CARES Act as well.

2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.

The Action Plan is intended to fund high-priority community needs identified during the annual Citizen Participation Plan process while aligning with the following goals of the previously-approved Consolidated Plan: support efforts to combat homelessness; enhance public facilities; provide support for public service programs; and increase fair housing activities.

3. Evaluation of past performance
347
DRAFT Substantial Amendment CDBG Annual Action Plan PY 2020 2 OMB Control No: 2506-0117 (exp. 09/30/2021)
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.

A performance evaluation is annually performed through HUD’s review of the Consolidated Annual Performance and Evaluation Report (CAPER). This document states the objectives and outcomes identified in each Action Plan and includes an evaluation of past performance through measurable goals and objectives relative to actual performance. Prior documents can be found at the Palm Desert City Hall.

4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan.

Concurrently, the City began soliciting proposals to potentially fund nonprofit organizations for public services and public facilities and improvements. The City also held a community meeting to provide an overview of the CDBG Program and technical assistance on February 6, 2020.

On March 13, 2020, the City’s Outside Agency Funding Committee (Committee) convened to review and discuss CDBG funding recommendations. The Committee recommended approval of the CDBG funding recommendations, as presented. The City held a public comment period from March 20, 2020, through April 22, 2020.

On April 16, 2020, the City Council held a public hearing to accept public comment and consider the Action Plan. However, City staff revised its recommendation to open and close the public hearing without further action because of the CARES Act allocation (CDBG-CV) and statutory waivers. Since the statutory waivers remove the 15% public services cap, the City solicited proposals again to potentially fund nonprofit organizations to prevent, prepare for, and respond to the coronavirus.

On May 14, 2014, the City Council considered the concept of an Emergency Rental Assistance Program as a result of the coronavirus. The City Council approved policy guidelines that allowed staff to begin taking administrative steps to create the program expeditiously.

On May 28, 2020, the City Council held a public hearing and subsequently approved the Action Plan, as presented.
348
DRAFT Substantial Amendment CDBG Annual Action Plan PY 2020 3 OMB Control No: 2506-0117 (exp. 09/30/2021)
As part of the 3rd Substantial Amendment process the City followed it's Citizen Participation Plan and issued a Public Notice opening a 30 day public comment period followed by a public hearing. The Council will take action on the proposed 3rd Substantial Amendment at their 1st meeting in October of 2024.

5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.

The City did not receive any public comments.

6. Summary of comments or views not accepted and the reasons for not accepting them The City did not receive any public comments.

7. Summary
This Action Plan identifies CDBG-eligible activities selected by the City to fund this program year. These activities align with the goals and outcomes identified in the Consolidated Plan. Also, these activities are administered by both the City as the grantee and nonprofit organizations as subrecipients. This Action Plan enables the City to examine high-priority community needs; to propose activities that effectively utilize resources to address those needs; and to improve the quality of life for low and moderate-income persons.
349
DRAFT Substantial Amendment CDBG Annual Action Plan PY 2020 4 OMB Control No: 2506-0117 (exp. 09/30/2021)
PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
Lead Agency PALM DESERT
CDBG Administrator City Manager's Office / City of Palm Desert HOPWA Administrator
HOME Administrator
HOPWA-C Administrator
Table 1 – Responsible Agencies
Narrative (optional)
Consolidated Plan Public Contact Information
Mr. Joe Barron
350
DRAFT Substantial Amendment CDBG Annual Action Plan PY 2020 5 OMB Control No: 2506-0117 (exp. 09/30/2021)
Sr. Contracts and Grants Analyst
73-510 Fred Waring Drive
Palm Desert, CA 92260
(760) 776-6335
[email protected]
351
DRAFT Substantial Amendment CDBG Annual Action Plan PY 2020 6 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
The City followed its HUD-approved Citizen Participation Plan to consult with the public, nonprofit organizations, governmental agencies, and other stakeholders to prepare the Action Plan as required by 24 CRF 91.100. The City's utilized the statutory waivers provided in the CARES Act as well.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
On January 9, 2020, the City commenced its citizen participation process by holding a public hearing before the City Council to provide an opportunity for the public to comment on and community needs.

On May 28, 2020, the City Council held a public hearing and subsequently approved the Action Plan. 352
DRAFT Substantial Amendment CDBG Annual Action Plan PY 2020 7 OMB Control No: 2506-0117 (exp. 09/30/2021)
Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

The City is actively involved in multiple activities to address the needs of homeless persons, which include coordination with the Continuum of Care. For example, the City is involved in regional coordination efforts between stakeholders throughout the Coachella Valley and Riverside County.

The City has historically funded homelessness services coordinated regionally through the Coachella Valley Association of Governments (CVAG). For years, the City contributed funds to CVAG for the operation of Roy's Desert Resource Center, which permanently closed in July 2017. Since then, CVAG has allocated its regional financial commitments for other homelessness services. The City recently made another financial commitment in the amount of $100,000 to CVAG to continue to implement homelessness services. A summary of accomplishments can be found at City Hall.

The City previously budgeted General Fund revenue for its own homelessness program as well. City and County staff have since developed a program that has a primary focus on homelessness locally. The program contracts with the Riverside University Health System to provide a Behavioral Health Specialist and a Mental Health Peer Support Specialist in Palm Desert to focus on providing homelessness services.

The agreement commences on July 1, 2019, and ends December 31, 2020. Please note the County of Riverside coordinates the Continuum of Care.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City does not receive Emergency Solutions Grant (ESG) funds.

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
353
DRAFT Substantial Amendment CDBG Annual Action Plan PY 2020 8 OMB Control No: 2506-0117 (exp. 09/30/2021)
Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Fair Housing Council of Riverside County, Inc., Agency/Group/Organization Type Service-Fair Housing
What section of the Plan was addressed by Consultation? Fair Housing Services Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The agency was invited to multiple meetings
and submitted an application for CDBG funds.
3 Agency/Group/Organization DESERT ARC
Agency/Group/Organization Type Services-Persons with Disabilities What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The agency was invited to multiple meetings
and submitted an application for CDBG funds.
4 Agency/Group/Organization Cove Communities Senior Association dba The Joslyn Center
Agency/Group/Organization Type Services-Elderly Persons What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The agency was invited to multiple meetings
and submitted an application for CDBG funds.

Identify any Agency Types not consulted and provide rationale for not consulting Not applicable.
354
DRAFT Substantial Amendment CDBG Annual Action Plan PY 2020 9 OMB Control No: 2506-0117 (exp. 09/30/2021)
Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of Care County of Riverside Public services that assist homeless persons Americans with Disabilities Act
U.S. Department of Justice, Civil Rights
Division
Public facilities and improvements projects overlap with ADA goals
Table 3 – Other local / regional / federal planning efforts Narrative (optional)
355
Annual Action Plan
2020
10 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The City followed its approved Citizen Participation Plan to conduct public hearings and community outreach while developing the Action Plan.

The City utilized the statutory waivers in the CARES Act as well.

On January 9, 2020, the City commenced its citizen participation process by holding a public hearing before the City Council to provide an opportunity for the public to comment on and community needs. Concurrently, the City began soliciting proposals to potentially fund nonprofit organizations for public services and public facilities and improvements. The City also held a community meeting to provide an overview of the CDBG Program and technical assistance on February 6, 2020.

On May 14, 2020, the City Council considered the concept of an Emergency Rental Assistance Program as a result of the coronavirus. The City Council approved policy guidelines that allowed staff to begin taking administrative steps to create the program expediously.

On May 20, 2020, the Committee convened again to review and discuss the revised CDBG funding recommendations. The Committee recommended approval of the revised CDBG funding recommendations, as presented. While the statutory waivers allow for a five-day public comment period, the City held its from May 22, 2020, through May 31, 2020. 356
Annual Action Plan
2020
11 OMB Control No: 2506-0117 (exp. 09/30/2021)
The City ensures that all public hearings are held at times and locations convenient to the public and with accommodations for persons with disabilities. Upon request, in advance of meetings, the City will attempt to make accommodations for those individuals in need of special assistance. The City also provides technical assistance workshops as requested by the nonprofit organizations participating in the CDBG program.

As part of the 3rd Substantial Amendment process the City followed it's Citizen Participation Plan and issued a Public Notice opening a 30 day public comment period followed by a public hearing. The Council will take action on the proposed 3rd Substantial Amendment at their 1st meeting in October of 2024.

Citizen Participation Outreach
Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
1 Public Hearing
Nontargeted/broad
community
30 0 0
2 Public Hearing
Nontargeted/broad
community
30 0 0
3 Public Meeting Nonprofit Agencies 0 0 0
4 Public Meeting
Nontargeted/broad
community
8 0 0
357
Annual Action Plan
2020
12 OMB Control No: 2506-0117 (exp. 09/30/2021)
Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
5 Newspaper Ad
Nontargeted/broad
community
0 0 0
6 Newspaper Ad
Nontargeted/broad
community
0 0 0
7 Newspaper Ad
Minorities
Non-English
Speaking - Specify
other language:

Spanish
TBD- SA3 TBD- SA3 TBD- SA3
8 Newspaper Ad
Nontargeted/broad
community
TBD- SA3 TBD- SA3 TBD- SA3
9 Public Hearing
Nontargeted/broad
community
TBD- SA3 TBD- SA3 TBD- SA3
Table 4 – Citizen Participation Outreach
358
Annual Action Plan
2020
13 OMB Control No: 2506-0117 (exp. 09/30/2021)
Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
The City will receive $409,861 in CDBG funds in Program Year 2020.

Anticipated Resources
Program Source of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income: $
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and Planning
Economic
Development
Housing
Public Improvements
Public Services 409,861 0 0 409,861 800,000

Table 5 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
The City receives a small allocation of CDBG funds annually relative to other HUD entitlement communities. As a result, there are minimal funds 359
Annual Action Plan
2020
14 OMB Control No: 2506-0117 (exp. 09/30/2021)
formally leveraged, but it’s worth noting that each nonprofit organization funded contributes additional resources to implement their activities.

The City does not require subrecipients to match funds. 360
Annual Action Plan
2020
15 OMB Control No: 2506-0117 (exp. 09/30/2021)
If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City will continue to allocate CDBG funding and other sources of funding when and where available to meet community needs. Activities will be targeted that address goals and objectives identified in the Consolidated Plan.

Discussion
The City anticipates budgeting $81,738 for program administration; $208,123 for public services; and $228,490 for public facilities and improvements.
361
Annual Action Plan
2020
16 OMB Control No: 2506-0117 (exp. 09/30/2021)
Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Support efforts to
combat
homelessness
2018 2022 Homeless Citywide Homelessness CDBG:
$28,023
Homelessness Prevention: 8
Persons Assisted
2 Enhance public
facilities
2018 2022 Non-Housing
Community
Development
Citywide Special Needs
Populations
Low-to-Moderate
Income Housing
Public Facilities
CDBG:
$120,000
Public Facility or Infrastructure
Activities other than
Low/Moderate Income Housing
Benefit: 2405 Persons Assisted
3 Provide support for
public service
programs
2018 2022 Non-Homeless
Special Needs
Citywide Homelessness
Fair Housing
CDBG:
$140,000
Public service activities other than
Low/Moderate Income Housing
Benefit: 731 Persons Assisted
5 Increase fair
housing activities
2018 2022 Citywide Fair Housing CDBG:
$40,100
Public service activities for
Low/Moderate Income Housing
Benefit: 475 Households Assisted
Table 6 – Goals Summary
362
Annual Action Plan
2020
17 OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal Descriptions
1 Goal Name Support efforts to combat homelessness
Goal Description
2 Goal Name Enhance public facilities
Goal Description
3 Goal Name Provide support for public service programs Goal Description The City is funding two public services agency to prevent, prepare for, or respond to the coronavirus. 5 Goal Name Increase fair housing activities
Goal Description
363
Annual Action Plan
2020
18 OMB Control No: 2506-0117 (exp. 09/30/2021)
Projects
AP-35 Projects – 91.220(d)
Introduction
The City will fund CDBG-eligible activities, including public services, public facilities and improvements, and program administration. The cap for program administration is based upon the Program Year 2020 CDBG allocation of $409,861.

Projects
# Project Name
1 Program Administration
2 Public Services
3 Public Facilities and Improvements
Table 7 - Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The City identifies its highest priority needs during its citizen participation process every year and the Consolidated Plan process every five years. Activities are funded annually taking into consideration these highest priority needs. The primary obstacle to address underserved needs in the community is the lack of resources to provide a greater level of assistance. 364
Annual Action Plan
2020
19 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-38 Project Summary
Project Summary Information
365
Annual Action Plan
2020
20 OMB Control No: 2506-0117 (exp. 09/30/2021)
1 Project Name Program Administration
Target Area Citywide
Goals Supported Support efforts to combat homelessness
Enhance public facilities
Provide support for public service programs
Increase fair housing activities
Needs Addressed Homelessness
Special Needs Populations
Low-to-Moderate Income Housing
Public Facilities
Fair Housing
Funding CDBG: $81,800
Description Program Administration ($81,738)
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed activities
N/A
Location Description City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
Planned Activities Grant Administration - $81,738
2 Project Name Public Services
Target Area Citywide
Goals Supported Provide support for public service programs Needs Addressed Special Needs Populations
Low-to-Moderate Income Housing
Fair Housing
Funding CDBG: $905,808
Description
Target Date 6/30/2021
366
Annual Action Plan
2020
21 OMB Control No: 2506-0117 (exp. 09/30/2021)
Estimate the number
and type of families
that will benefit from
the proposed activities
Emergency Rental Assistance Program ($28,023): 40 households Fair Housing Council of Riverside County ($40,100): 475 persons The Josyln Center ($80,000): 250 persons
Desert Arc ($60,000): 481 persons
Location Description Emergency Rental Assistance Program ($28,023): 74501 Fred Waring Drive, Palm Desert, CA 92260
Fair Housing Council of Riverside County ($40,100): 4164 Brockton Avenue, Riverside, CA 92501
The Josyln Center ($80,000): 73750 Catalina Way, Palm Desert, CA 92260
Desert Arc ($60,000): 73225 Country Club Drive, Palm Desert, CA 92260 367
Annual Action Plan
2020
22 OMB Control No: 2506-0117 (exp. 09/30/2021)
Planned Activities Emergency Rental Assistance Program ($28,023): The City will select a subrecipient to manage an Emergency Rental Assistance Program for low and moderate-income persons impacted by the coronavirus. These CDBG funds complement additional CDBG-CV funding as part of a Program Year 2019 Action Plan Amendment.

Fair Housing Council of Riverside County ($40,100): The subrecipient provides fair housing services throughout Riverside County, which is a requirement as a recipient of HUD funds.

The Josyln Center ($80,000): The subrecipient provides numerous services for seniors, including social and health/wellness programs.

Because of the coronavirus, the agency has faced a substantial financial reduction due to cancelled fundraisers, losses in class and activity fees, declining renewal and new memberships, and other reasons. The agency continues to facilitate essential services such as home delivered meals, food pantry activities and counseling services. The agency requests funds to sustain the Joslyn Wellness Center, which provides counseling and other wellness-related activities for seniors. The agency requests funds mostly to sustain staffing and other activity costs.

Desert Arc ($60,000): The agency enhances the quality of life and creates opportunities for people with disabilities. Because of the coronavirus, the agency has faced a substantial financial reduction due to cancelled fundraisers, reduced revenue-generating programs and other reasons. The agency is developing a re-opening plan that includes a phased approach to get clients back onsite. Implementing the plan is costly, and includes conducting staff training, purchasing personal protective equipment, and other costs. The agency requests funds to sustain staffing levels and implement activities relating to the reopening plan. 3 Project Name Public Facilities and Improvements
Target Area Citywide
Goals Supported Enhance public facilities
Needs Addressed Low-to-Moderate Income Housing
Public Facilities
Funding CDBG: $527,490
Description
Target Date 6/30/2021
368
Annual Action Plan
2020
23 OMB Control No: 2506-0117 (exp. 09/30/2021)
Estimate the number
and type of families
that will benefit from
the proposed activities
City of Palm Desert - Palma Village Neighborhood Park Improvements ($316,000 proposed increase of $175k as part of SA3): 2,405 persons City of Palm Desert - Palma Village Neighborhood Sidewalk Improvements ($142,490): 2,405 persons
Joslyn Center ADA Improvements ($69,000 proposed as part of SA3):
500 persons
Location Description City of Palm Desert - Palma Village Neighborhood Park Improvements ($316,000 proposed increase of $175k as part of SA3): 2,405 persons City of Palm Desert - Palma Village Neighborhood Sidewalk Improvements ($142,490): 2,405 persons
Joslyn Center ADA Improvements ($69,000 proposed as part of SA3):
500 persons
Planned Activities City of Palm Desert - Palma Village Neighborhood Park Improvements:

The City has a CDBG-eligible census tract bound by Fred Waring Drive (north), Highway 111 (south), San Pablo Avenue (west) and Portola Avenue (east). The City requests funds to construct improvements at Palma Village Park. City staff anticipates conducting a neighborhood meeting to identify the types of improvements desired by the residents as well.

City of Palm Desert - Palma Village Neighborhood Sidewalk Improvements: The City has a CDBG-eligible census tract bound by Fred Waring Drive (north), Highway 111 (south), San Pablo Avenue (west) and Portola Avenue (east). The City requests funds to construct improvements in areas missing sidewalks within the neighborhood.

Neighborhood sidewalk connectivity complements the project located off San Pablo Avenue as well.

Joslyn Center- ADA Restroom Improvements 2024: As part of the 3rd Substantial Amendment the City proposes to allocate CV resources to the Senior Center for rehab of their restrooms. The Joslyn Center acts as a testing site, displacement center, anc cooling center during crisis. 369
Annual Action Plan
2020
24 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City is located in Riverside County; particularly, the Coachella Valley. Historically, the City has not had any low- and moderate-income census tracts; however, the City now has two eligible census tracts as of recently (ACS data). Program Year 2020 CDBG funds will be used for low- and moderate-income clientele (or presumed benefit).

Geographic Distribution
Target Area Percentage of Funds
Citywide 100
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically The City has not historically funded CDBG activities based upon geographic areas since there have not been eligible low and moderate-income census tracts; however, HUD recently revised the census criteria used to determine eligibility. As a result, the City now has two CDBG-eligible census tracts. City staff is currently exploring the possibility of a Section 108 Loan for City Council’s consideration in subsequent program years.

Discussion
Not applicable.
370
Annual Action Plan
2020
25 OMB Control No: 2506-0117 (exp. 09/30/2021)
Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
The Palm Desert Housing Authority (Authority) owns and operates approximately 1,114 multi-family housing units, and an additional approximately 564 units that are owned and operated by third parties.

There are an additional 303 ownership units for very low, low and moderate income households under the Authority’s affordable housing portfolio.

One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 1,981
Special-Needs 0
Total 1,981
Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 1,981
The Production of New Units 0
Rehab of Existing Units 0
Acquisition of Existing Units 0
Total 1,981
Table 10 - One Year Goals for Affordable Housing by Support Type Discussion
Not applicable
371
Annual Action Plan
2020
26 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-60 Public Housing – 91.220(h)
Introduction
The City will not undertake activities that address public housing in the program year.

Actions planned during the next year to address the needs to public housing Not applicable. The City does not own nor operate public housing.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
Not applicable. The City does not own nor operate public housing.

If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
Not applicable. The City does not own nor operate public housing.

Discussion
Not applicable. The City does not own nor operate public housing. 372
Annual Action Plan
2020
27 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
The City will continue to work with nonprofit organizations, government agencies, and other stakeholders to fund activities that help prevent and reduce homelessness.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City operates a Homelessness Assistance Program that began July 1, 2019. The City contracted with the Riverside University Health System (i.e., County of Riverside) to provide two full-time staff members to provide continual outreach and case management for homeless persons in Palm Desert. In Program Year 2019, the City funded Path of Life Ministries with CDBG funds to assist with bridge/temporary housing to complement the City's Homelessness Assistance Program.

Addressing the emergency shelter and transitional housing needs of homeless persons The Housing First approach adopted by the County and CoC requires that homeless are helped into permanent housing or rapid re-housing as soon as possible. Transitional housing beds have begun to decrease countywide and permanent housing is increasing because of reallocations made in the HUD CoC Program Consolidated Application and the CoC’s success in obtaining new funding for permanent supportive housing. Both transitional housing and emergency shelters focus on lessening the time that a homeless person or family’s length of time homeless (LOTH) in the shelter by effective and quick assessment of homeless clients and getting them stabilized into permanent housing with intensive case management initially and support in the initial phase of residency in permanent housing. This period will serve as a time to address the other needs to maintain self-sufficiency either by accessing mainstream benefits, employment or medical or mental health support.

The CoC collaborates with the City and other stakeholders to integrate CoC programs, Emergency Solutions Grant (ESG), Social Services to Veteran Families (SSVF), and CDBG funding to increase the number of persons with rapid re-housing assistance. Also, other non-McKinney-Vento funding sources, such as Emergency Food and Shelter Program (EFSP), funded under Federal Emergency Management Agency (FEMA) will be matched as a source for rental / mortgage assistance for families that are homeless or at-risk of homelessness in the County’s strategy to meet this goal.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that 373
Annual Action Plan
2020
28 OMB Control No: 2506-0117 (exp. 09/30/2021)
individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The CoC implemented a Coordinated Entry System (CES) to assess homeless persons using the VI-SPDAT that tracks the length of time a client has been on the streets or in an emergency shelter. DPSS uses HUD’s CoC Program planning grant funding to measure system-wide performance in HMIS, such as length of time homeless. This is used to help the CoC prioritize and house those with longest length of time homeless. The planning process also included working with the CoC Standards and Evaluation Committee to continue developing strategies to prioritize persons with longest time homeless and most severe needs, including:

The CoC has also adopted a Housing First approach that is evidenced-based and endorsed by HUD to place a homeless person in permanent housing and provide supportive services intended to keep them stably housed.

Homeless CoC youth providers have implemented outreach and service based events in the communities to draw homeless youth, unaccompanied and transitional age into contact with services available to them. The Operation SafeHouse is the only CoC youth provider that has opened a permanent supportive housing program called the Harrison House, which is for transitional age youth, in the eastern desert region of Riverside County.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

The CoC Discharge Policy is mandated by the State and followed by the CoC. The CoC established a Discharge Planning Committee, responsible for implementing policies and protocols and coordinating with various organizations, to ensure that persons being discharged from a publicly-funded institution or system of care are not discharged immediately into homelessness. The goals are to identify discharge housing needs inclusive of housing and supportive services and to link the individual with community resources that will include mental health services, substance abuse support, and housing. The Hospital Association of Southern California Inland Area serves as the lead agency on the Discharge Planning Committee to facilitate communication regarding the discharge planning needs of homeless persons from acute care hospitals. The Riverside County University Health System – Behavioral Health, collaborates with DPSS and the CoC in the coordination and implementation of discharge planning for homeless individuals disabled by a serious mental health and/or substance abuse disorder(s). Foster Care and extended foster care programs help transition dependent youth who are emancipating from 374
Annual Action Plan
2020
29 OMB Control No: 2506-0117 (exp. 09/30/2021)
foster care to independent living. The Department of Public Social Services, Riverside Sheriff’s, and Probation Department support the Continuum of Care’s mission of working towards reintegrating persons leaving correctional facilities to community-based living and self-sufficiency.

Discussion
Not applicable.
375
Annual Action Plan
2020
30 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-75 Barriers to affordable housing – 91.220(j)
Introduction:

The City does not plan to undertake any activities this program year to remove barriers to affordable housing.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
The City does not plan to undertake any activities this program year to remove barriers to affordable housing.

Discussion:

Not applicable.
376
Annual Action Plan
2020
31 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-85 Other Actions – 91.220(k)
Introduction:

The City will continue to work with various stakeholders to meet the needs of its residents that remain in-need of CDBG-eligible activities consistent with Consolidated Plan goals.

Actions planned to address obstacles to meeting underserved needs The City will continue to work toward the reduction/elimination of obstacles to meet underserved needs through the funding of various organizations that are established to provide direct services to those in need. The City is not equipped to provide direct services; therefore, funding organizations that do is essential to our success in addressing the identified goals and objectives. The City will continue to partner with service providers to address obstacles and address barriers that exist. In addition, the City works with the County of Riverside, the CoC, local agencies, nonprofits, etc. to address various aspects related to CoC programs and activities, as well as obstacles that face the underserved in general.

However, the CoC addresses issues relative to homelessness, mental and physical illnesses, domestic violence, etc. and has a wide range of members where collaboration in other areas is an option. Through these working relationships, obstacles such as lack of communication between agencies, improved services, limited resources, tracking and monitoring, and other needed resources are obtained, gaps in services are better identified, and there is a more cohesive approach to identifying and resolving issues.

Actions planned to foster and maintain affordable housing The City and the Palm Desert Housing Authority will continue to maintain the existing affordable housing stock through the funding sources identified previously; however, as noted with the elimination of redevelopment agencies, there is no longer what is considered 20% Set-aside funds. Therefore, maintaining existing properties and programs will be the primary focus, provided funding is available, for some time to come. However, new projects and programs will be planned and implemented where and when possible.

Actions planned to reduce lead-based paint hazards
The City’s Building and Safety and Housing departments distribute informational pamphlets on Lead Based Paint Hazards and refer all calls to the County of Riverside Environmental Health Department. The City addresses this issue on a case-by-case basis through multiple steps.

Actions planned to reduce the number of poverty-level families The City is continuing to team up with service providers to provide assistance for poverty level families, including funding food and services options during the Program Year. In addition, the City will seek out additional partnerships for programs that encourage self sufficiency including employment and training, 377
Annual Action Plan
2020
32 OMB Control No: 2506-0117 (exp. 09/30/2021)
housing options, and safety net programs.

Actions planned to develop institutional structure
The City will continue to work with outside agencies to maintain and develop relationships, including the County of Riverside, nonprofit organization, private businesses, the CoC, and nonprofit organizations in the region.

Actions planned to enhance coordination between public and private housing and social service agencies
The City will continue to work with various County departments, agencies, and nonprofit organizations to identify and carry out goals and objectives of the CDBG Program, and to create a more cooperative working relationship with all interested parties. The City invites these groups to attend public hearings, community meetings, and special meetings that address specific programs and projects. The City has an approved Citizen’s Participation Plan that it follows in this regard. In addition, City staff regularly attends CoC meetings that involve multiple organizations and various County Departments as well as other local jurisdictions wherein discussions are held on homelessness as well as supportive services to other at risk groups of individuals and families.

Discussion:

Not applicable.
378
Annual Action Plan
2020
33 OMB Control No: 2506-0117 (exp. 09/30/2021)
Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

Activities planned with CDBG funds expected to be available during the year are identified in the project tables. The following identifies program income that is available for use that is included in projects to be carried out.

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 62

5. The amount of income from float-funded activities 0
Total Program Income: 62
Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 70.00% 379
Annual Action Plan
2020
34 OMB Control No: 2506-0117 (exp. 09/30/2021)
Not Applicable.
380
Annual Action Plan
2020
35 OMB Control No: 2506-0117 (exp. 09/30/2021)
Attachments
381
Annual Action Plan
2020
36 OMB Control No: 2506-0117 (exp. 09/30/2021)
Citizen Participation Comments
382
Annual Action Plan
2020
37 OMB Control No: 2506-0117 (exp. 09/30/2021)
383
Annual Action Plan
2020
38 OMB Control No: 2506-0117 (exp. 09/30/2021)
Grantee Unique Appendices
384
Annual Action Plan
2020
39 OMB Control No: 2506-0117 (exp. 09/30/2021)
385
386
2023-2024 CDBG Subrecipient Contract
The Joslyn Center

Page 1 ends

AMENDMENT NO. 2 TO THE GRANT AGREEMENT, C46570A BETWEEN THE CITY

OF PALM DESERT AND THE JOSLYN CENTER

1. Parties and Date.

This Amendment No. 2 to the made and entered into as of this 10th day of October, 2024, by and between the City of Palm Desert (“City”) and The Joslyn Center, a non-profit corporation, with its principal place of business at 73-750 Catalina Way, Palm Desert, CA 92260 ("Subrecipient"). The City and Subrecipient are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. Recitals.

2.1 Agreement. The City and The Joslyn Center have entered into an agreement entitled “Grant Agreement, C46570A” dated July 1, 2023 (“Agreement” or “Contract”) for the purpose of improve its restroom facilities to meet the American with Disabilities Act (ADA).

2.2 Amendment No. 1. The City and The Joslyn Center amend the Agreement to increase grant award. The Parties have heretofore entered into that Amendment No. 1 dated January 29, 2024.

2.3 Amendment No. 2. The City and The Joslyn Center desire to amend the Agreement to increase grant award.

3. Terms.

3.1.1 SECTION 1.1 SCOPE OF SERVICES. Section 1.1 Scope of Services of the Agreement is hereby amended in its entirety to read as follows:

The City has allocated CDBG funds to the Subrecipient in the maximum aggregate amount of ONE HUNDRED SEVENTY THREE THOUSAND DOLLARS AND NO CENTS. ($173,000.00) (“Grant Funds”) to be used for eligible program costs associated with services to improve its restroom facility to meet the Americans with Disabilities Act (ADA) as further outlined in the Subrecipient Application (collectively referred to herein as, the “Services”), and as detailed in Attachment 1 (the “Scope of Work”) .

3.1.2 ATTACHMENT 1—SCOPE OF WORK. Section III 2023-2024 PROGRAM BUDGET of the Agreement is hereby amended in its entirety to read as follows:

ATTACHMENT 1 – SCOPE OF WORK. III 2023-2024 PROGRAM BUDGET is hereby deleted in its entirety and replaced with ATTACHMENT 1 – SCOPE OF WORK III 2023-2024 PROGRAM BUDGET attached hereto and incorporated herein by reference.

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern 387
2023-2024 CDBG Subrecipient Contract
The Joslyn Center

Page 2 ends

the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.

3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Counterparts. This Amendment No. 2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
388
2023-2024 CDBG Subrecipient Contract
The Joslyn Center

Page 3 ends

SIGNATURE PAGE FOR AMENDMENT NO. 2 TO GRANT AGREEMENT, C46570A

BETWEEN THE CITY OF PALM DESERT

AND THE JOSLYN CENTER
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 to the Grant Agreement, C46570A as of the day and year first above written.

CITY OF PALM DESERT
By:

L. Todd Hileman
City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Isra Shah
Best Best & Krieger LLP
City Attorney
THE JOSLYN CENTER, A Non-PROFIT

CORPORATION
By:

Dr. Jay Seller
Executive Director
By:

Mary Gilstrap
Secretary
City Clerk QC: _____
Contract QC: _____
Insurance:
_____
Initial Review
__________
_____
Final Approval
389
2023-2024 CDBG Subrecipient Contract
The Joslyn Center

Page 4 ends

Attachment 1 - Scope of Work

CITY OF PALM DESERT
2023-2024 Community Development Block Grant
I. Description of Work
A. Provide a concise description of the activity to be undertaken with CDBG funds during the 12-month contract period including the services to be performed, length of services, who will benefit from the services, and how CDBG funds will be used. This multi-phase project will entail a full remodel of each of the five restrooms on The Joslyn Center campus in order to make them fully compliant with ADA requirements and become fully handicap accessible as set forth in the report and survey of Disability Access Consultants conducted on May 21, 2018.

This project will benefit all 2000+ members as well as other members of the public and guests that utilize The Joslyn Center. It is estimated that at least 500 individuals consisting of members, public and guests will directly benefit from the ADA upgrades.

B. You must identify at least one program activity and one corresponding goal.

Activity #1 (Provide a description of an activity to be undertaken including services to be performed, where they are to be provided, for whom they are to be provided, and how they are to be provided). By making their restrooms ADA compliant, the end result of the project will result in bringing all restrooms at the Joslyn Center in compliance with ADA requirements for accessibility. The Joslyn Center is located in the City of Palm Desert and it serves primarily the City's population over age 62.

Activity: Select one from
the below that best
describes your program.

Primary Objective: Select one
from the below that best
describes your program.

Primary Outcome Measurement: Select
one from the below that best describes
your program.

CDBG National Objective:

Select one objective from the
list below that will be
addressed by your program.

Senior Service
Youth Service
Homeless Service
Disabled Service
Low/ModerateIncome Service
Fair Housing Services
Housing Services
Create a suitable living
environment: Activity that
benefits communities,
families, or individuals by
addressing issues in their
living environment.

Provide decent affordable
housing: Housing activity
that meets family or
community needs. This
objective should not be used
if the housing activity is an
element of a larger effort,
e.g., transitional housing.

Create economic
opportunities: Activity
related to economic
development, commercial
revitalization & job creation.

Availability/Accessibility: Activity that
makes services, infrastructure,
housing and/or shelter available and
accessible. (Note: accessibility does
not refer only to physical barriers.)
Affordability: Activity provides
affordability in a variety of ways including
the creation or maintenance of
affordable housing, basic infrastructure
hookups, or services (e.g., transportation
or daycare)
Sustainability: Activity promotes livable
or viable communities and
neighborhoods by providing services or
by removing slums or blighted areas.

Benefit low/moderate
income persons
Meet community
development needs
having a particular
urgency
390
2023-2024 CDBG Subrecipient Contract
The Joslyn Center

Page 5 ends

Goal #1 (State the goal desired to be achieved through the above activities). Make necessary modifications to restrooms in the Joslyn Center’s main building so they comply with the Americans with Disabilities Act (ADA). This proposal is for improvement of public facilities that are utilized primarily by older adults over the age of 62.

C. Describe the general administrative services to be performed in support of activities listed above and list the amount of CDBG funds (if any) that will be utilized to support these general administrative services. No administrative services will be paid from the CDBG funds.

II. Output Measurements
A. Total number of unduplicated clients anticipated to be served by the CDBG-funded during the program 12- month contract period (regardless of community of residence) = 2000+ Persons B. Number of unduplicated Palm Desert residents to be served with CDBG funds during the 12-month contract period = 500 Persons
C. Of the Palm Desert residents to be assisted with CDBG funds:
 How many will have new or continued access to this service? 500 Persons  How many will have improved access to this services or benefit? 500 Persons  How many will attend bingo, knitting, or other social activities: N/A  How many hours of one-on-one support will they receive? N/A  How many will receive food assistance (i.e. meals on wheels, Penny’s Pantry food back…etc.)? N/A D. Based on the anticipated number provided on the CDBG application:
 Was the contract fully expended:
 Was the contract completed on time:
 Total jobs created (if applicable):
 Total jobs retained (if applicable):

SAMPLE PROGRAM SERVICE GOALS
Palm Desert
Residents
Type of Service Provided* If a resident receives multiple services, only count once.

Example: Resident receives food bank, rent & utility assistance - resident only counted once under “Direct Assistance”
20 Phone Referrals
50 Counseling Services
10 Food Bank
5 Direct Financial Assistance (rent, mortgage, utility assistance) 85 TOTAL UNDUPLICATED
Program Service Goals
Palm Desert
Residents Type of Service Provided * If a resident receives multiple services, only count once. 2000
The Joslyn Center primarily serves adults over age 62 that are presumed beneficiaries of CDBG projects.

Currently offer over 85 classes and activities designed to specifically serve this age group. The Center collaborates with and provides classes and services for the Braille Institute, Alzheimer’s Association, Jewish Family Services, and other local senior centers. 391
2023-2024 CDBG Subrecipient Contract
The Joslyn Center

Page 6 ends

E. Provide a “break-down” of the number of Palm residents to be served by the activities listed above. Each resident obtaining services should only be counted once even if they receive multiple services. See the example below.

Estimate the number of unduplicated Palm Desert residents to be served with CDBG funds during the 12-month contract period per quarter:

Quarter 1: July 1 – September 30 125 Persons
Quarter 2: October 1 – December 31 125 Persons
Quarter 3: January 1 – March 31 125 Persons
Quarter 4: April 1 – June 30 125 Persons
Total 500 Persons
F. Summarize the program outcomes and how outcomes will be measured, tracked & reported. Outcome will be tracked by resident address and report showing number of residences that use the service in Palm Desert and frequency of use. All new and renewing member enrollees will complete the CDBG Self-Certification Form for Public Service Agency Clientele Certification form. The form continues to confirm that the Center has 72% of its clientele that self-report as low and very low-income categories.

III. 2023-2024 Program Budget
Estimate the amount of grant funds to be requested during the 12-month contract period on a quarterly basis:

Total $173,0000

BUDGET CATEGORY

PROPOSED USE OF

CDBG FUNDS

PROPOSED USE OF
OTHER

PROGRAM FUNDS

TOTAL PROGRAM
COSTS
Agency Administration Staff
Salaries & Benefits $
$ $
Program Staff Salaries &
Benefits $
$ $
Program Supplies $
$ $
Rent/Lease $
$ $
Communications $
$ $
Utilities $
$ $
Professional Services
(Specify)
$
$ $
Insurance $
$ $
Other (Specify)
Consultants & Contract
Services
$0 $0 $0
Other (Specify)
Architectural /Engineering
Design
$0 $0 $0
Other (Specify) $173,000 $193,558 $366,558
2000 TOTAL UNDUPLICATED
392
2023-2024 CDBG Subrecipient Contract
The Joslyn Center

Page 7 ends

Construction/Rehabilitation
Other (Specify)

$ $ $
TOTAL $173,000 $193,558 $366,558
List Source of “Other” Program Revenue Already Committed To Program

SOURCE OF OTHER PROGRAM REVENUE AMOUNT OF OTHER PROGRAM FUNDS Cove Communities Association $ 50,000
Various grants $ 100,000
Donations $
$
$
TOTAL $ 150,000 *
*Note: Your program must demonstrate financial viability. At a minimum, the total of “Other” Program Revenue already committed to Program “must equal the Proposed Use of Other Program Funds” 393
2023-2024 CDBG Subrecipient Contract
The Joslyn Center

Page 8 ends

IV. CDBG Funded Personnel
ONLY list personnel that will be paid with CDBG funds and that have been listed as part of the 2023-2024 Program Budget.

CHECK BOX IF NOT APPLICABLE

AGENCY ADMINISTRATION

POSITION TITLE ANNUAL SALARY ANNUAL BENEFITS
TOTAL

COMPENSATION

CDBG FUNDS

REQUESTED
% OF TIME POSITION IS

DEDICATED TO PD

CDBG ACTIVITY
$ $ $ $ %
$ $ $ $ %
$ $ $ $ %
$ $ $ $ %
$ $ $ $ %

PROPOSED PROGRAM STAFF

POSITION TITLE ANNUAL SALARY ANNUAL BENEFITS
TOTAL

COMPENSATION

CDBG FUNDS

REQUESTED
% OF TIME POSITION IS

DEDICATED TO PD

CDBG ACTIVITY
$ $ $ $ %
$ $ $ $ %
$ $ $ $ %
$ $ $ $ %
$ $ $ $ %
$ $ $ $ %
$ $ $ $ %

PROPOSED PROGRAM CONTRACT STAFF

POSITION TITLE ANNUAL SALARY ANNUAL BENEFITS
TOTAL

COMPENSATION

CDBG FUNDS

REQUESTED
% OF TIME POSITION IS

DEDICATED TO PD

CDBG ACTIVITY
$ $ $ $ %
$ $ $ $ %
394
Contract No. ___________

Page 9 of 10 ends

Revised 01-2024
BBK 72500.00001\32445060.1
395
Contract No. ___________

Page 10 of 10 ends

Revised 01-2024
BBK 72500.00001\32445060.1
396

Page 1 of 3 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: October 10, 2024
PREPARED BY: Richard D. Cannone, AICP, Development Services Director SUBJECT: INTRODUCE AN ORDINANCE AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 5.10, SHORT TERM RENTALS - ADOPT A POLICY

FOR SHORT-TERM RENTAL HARDSHIP EXTENSIONS FOR THE

HILLSIDE PLANNED RESIDENTIAL ZONE, AND MAKE A FINDING OF

EXEMPTION UNDER CEQA
RECOMMENDATION:

1. Hold a public hearing and introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 5.10, SHORT TERM RENTALS AND MAKING A FINDING OF EXEMPTION UNDER CEQA.”

2. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM DESERT, CALIFORNIA, ADOPTING A POLICY FOR SHORT-TERM RENTAL HARDSHIP EXTENSIONS FOR THE TERMINATION AND AMORTIZATION OF SHORTTERM RENTALS WITHIN THE HILLSIDE PLANNED RESIDENTIAL (HPR) ZONE.” BACKGROUND/ANALYSIS:

Staff have been working with the City Council Ad Hoc Short-Term Rental (STR) Subcommittee over the past six months to update the STR Ordinance. These updates aim to clarify the implementation of the regulations and ensure no unintended consequences arise from the proposed changes. The attached ordinance is the product of those discussions and outlines updates to Chapter 5.10, Short-Term Rentals as follows:

1. Clarify the current implementation of the STR Ordinance:
a. The modifications include definitions, clarified terms, and distinctions between the two types of STR permits.
b. A list of the zones where STR types are permitted, rather than just listing zones where they are prohibited. Prohibited unit types will also be specified. c. On-site owners have the option to rent either their casita or their house, while staying in their casita.
d. An exception for properties within the Planned Residential (PR) zone. Owners with a Functioning HOA in PR zones may operate off-site STRs when allowed by state law and/or the Functioning HOA’s current CC&Rs.

2. Clarify that the regulations for PR Zones also apply to the Hillside Planed Residential (HPR) Zone:
a. The ordinance addresses the misapplication of standards for properties in the Hillside Planned Residential zone. When the ordinance was adopted, off-site or un-hosted STRs were permitted only in HOA communities within the PR zone. Since HPR was 397
City of Palm Desert
STR Code Update and Hardship Policy

Page 2 of 3 ends

not specifically mentioned, it was incorrectly interpreted that the restriction did not apply to properties in the HPR zone.
1) Included an exception for properties within the Hillside Planned Residential (PR) zone. Owners with a Functioning HOA in the HPR zone may operate offsite STRs when allowed by state law and/or the Functioning HOA’s current CC&Rs.
b. New off-site STR permits within the HPR zone will not be issued. c. The five existing off-site STR permits in the HPR zone may be renewed if otherwise qualified, but all such off-site STR permits shall terminate and cease operation by December 31, 2026.
d. Owners may apply for a hardship extension (see “Hardship Policy” item below). e. If an existing off-site STR permit is revoked, a new permit will not be issued for any STR unit in the HPR zone.

Hardship Policy
In December 2017, the City Council updated the STR regulations, phasing out all existing offsite STR permits in the R1 and R2 zones by December 31, 2019. As part of that update, a separate Hardship Extension Policy was adopted. The policy allowed for STR permit renewals past the December 2019 sunset date, if necessary, to avoid unconstitutional takings claims. Staff have now updated the dates and code references in the policy, adding the following eligibility criteria:
 The hardship extension is available exclusively to STR owners who have consistently paid the Transit Occupancy Tax (TOT) and the Tourism Business Improvement District (TBID) assessment to the City.
 If an owner has not made TOT or TBID payments for more than half of the permit's effective duration, it will be assumed that no hardship exists.

Legal Review:

This report has been reviewed by the City Attorney’s Office.

Public Notice:

A ten-day public hearing notice for this item was published in the Desert Sun newspaper on Friday, September 27, 2024. Additionally, staff mailed courtesy notices to the five off-site STR properties located in the HPR zone.

Environment Review:

It has determined that this agenda item is exempt from CEQA review pursuant to Section 15061(b)(3), known as the “common sense” exemption. This determination is based on the clear assessment that there is no possibility the ordinance may have a significant effect on the environment. The ordinance primarily provides administrative clarifications regarding where short-term rentals are permitted, focusing on specific residential zoning areas without expanding land use or initiating new developments, thereby maintaining existing environmental baselines.

It ensures operational continuity for existing short-term rentals through defined phasing out periods for specific permits, thereby preventing abrupt changes in land use intensity. The 398
City of Palm Desert
STR Code Update and Hardship Policy

Page 3 of 3 ends

adjustments are administrative in nature and do not involve any construction, physical alterations, or increases in development intensity. The ordinance reaffirms current use regulations and does not alter existing physical environmental conditions or promote increased development, thus qualifying for the CEQA “common sense” exemption as it bears no potential for significant environmental impact.

FINANCIAL IMPACT:

The proposed amendments to Palm Desert Municipal Code Chapter 5.10 concerning ShortTerm Rentals, along with the adoption of a policy for hardship extensions in the Hillside Planned Residential (HPR) Zone, may impact the City financially in both the short and long term. Revenue from the Transit Occupancy Tax (TOT) and the Tourism Business Improvement District (TBID) assessments might fluctuate due to the regulatory changes. While a decrease in STR permits could temporarily reduce TOT and TBID income, this impact will be minor as the City has not collected significant revenue from off-site STRs in the HPR Zone.

Any administrative costs associated with implementing these ordinance changes and processing hardship extension applications will likely be managed with existing budget allocations, as the current staff and resources are expected to handle the adjustment without requiring additional funding. While no significant one-time expenditures are foreseen, ongoing enforcement and application processing will be recurring expenses. As a result, these expenditures are expected to remain within the current budget, assuming operational efficiencies are maintained.

ATTACHMENTS:

1. Ordinance – Chapter 5.10 Amendment

2. Ordinance Attachment A

3. Resolution – Hardship Extension Policy
399
400
ORDINANCE NO. 2024- ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA UPDATING CHAPTER 5.10

SHORT-TERM RENTALS AND MAKING A FINDING OF
EXEMPTION UNDER CEQA.

City Attorney’s Summary
The purpose of this ordinance is to amend Palm Desert Municipal Code Chapter 5.10 Short-Term Rentals to update definitions and references, to clarify the City’s short-term rental restrictions, and to phase out off-site short-term rental permits in Hillside Planned Residential (HPR) zone.

THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Amendment to Municipal Code. The City Council hereby adopts the updated Palm Desert Municipal Code Chapter 5.10 Short-Term Rentals, attached hereto as Attachment “A.”
SECTION 2. CEQA Exemption. The City Council finds that the updated shortterm rental ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), known as the “common sense” exemption. This determination is based on the clear assessment that there is no possibility the ordinance may have a significant effect on the environment. The ordinance primarily provides administrative clarifications regarding where short-term rentals are permitted, focusing on specific residential zoning areas without expanding land use or initiating new developments, thereby maintaining existing environmental baselines. It ensures operational continuity for existing short-term rentals through defined phasing out periods for specific permits, thereby preventing abrupt changes in land use intensity. The adjustments are administrative in nature and do not involve any construction, physical alterations, or increases in development intensity. The ordinance reaffirms current use regulations and does not alter existing physical environmental conditions or promote increased development, thus qualifying for the CEQA “common sense” exemption as it bears no potential for significant environmental impact.

SECTION 3. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. 401
SECTION 4. Posting and Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish a summary of this Ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption.

ADOPTED ON ___________________, 2024.

KARINA QUINTANILLA
MAYOR
ATTEST:

ANTHONY J. MEJIA

CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on _________, 2024, and adopted at a regular meeting of the City Council held on __________, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ____________________.

ANTHONY J. MEJIA

CITY CLERK
402
ATTACHMENT “A”
403
404
1 1 Chapter 5.10 SHORT-TERM RENTALS
2 5.10.010 Title.
3 This chapter shall be referred to as the “Short-Term Rental Ordinance.” 4 5.10.020 Purpose.
5 A. The purpose of this chapter is to regulate privately-owned residential 6 dwellings, including those managed by homeowners’ associations, used as short-term 7 rental units within the city. This chapter seeks to ensure the payment and collection 8 transient occupancy taxes (TOT) and tourism business improvement district (TBID) 9 assessments, while minimizing the potential negative effects of short-term rental units 10 on surrounding residential neighborhoods.
11 B. This chapter is not intended to allow any residential property owner to 12 violate any private conditions, covenants, and restrictions applicable to the owner’s 13 property that may prohibit the owner from using his or her property as a short-term 14 rental unit, as defined in this chapter.
15 C. The city reserves the right to change the regulations provided in this 16 chapter at any time, including discontinuing the issuance of short-term rental unit 17 permits, notwithstanding any impacts to existing or future short-term permit holders. 18 Anyone accepting a short-term rental unit permit pursuant to this chapter acknowledges 19 and accepts that possibility.
20 5.10.030 Definitions.
21 For purposes of this chapter, the following words and phrases shall have the meaning 22 ascribed to them by this section:
23 “Accessory Dwelling Unit” has the same definition as provided in PDMC Section 24 25.99.020 Land Use Definitions.
25 “Actively operating” means a short-term rental that is rented out/occupied for a 26 total of more than eighteen (18) days per calendar year. 27 “Apartment” has the same definition as provided in PDMC Section 25.99.020 28 Land Use Definitions.

Attachment “A”
405
2 29 “Applicable laws, rules and regulations” means any laws, rules, regulations and 30 codes (whether local, state, or federal) pertaining to the use and occupancy of a 31 privately-owned dwelling unit as a short-term rental. 32 “Applicant” means a host or operator applying for a new or renewal short-term 33 rental permit.
34 “Bedroom” means a private habitable room other than a kitchen, bathroom or 35 living room intended for sleeping that is separated from other rooms by a door, having 36 at least one window that meets the Emergency Escape and Rescue Openings 37 requirements of the California Building Code, has a built-in closet/storage area, and is 38 accessible to a bathroom without crossing through another bedroom. 39 “Casita” means a detached or attached living quarters, not permitted or restricted 40 as an accessory dwelling unit or junior accessory dwelling unit, which occupies not 41 more than one-tenth of the area of the lot on which it is situated, and is designed for use 42 as a bedroom or office rather than an independent living facility and may have only 43 limited kitchen equipment.
44 “City manager” means the city manager of the city, or their designee. 45 “Good Neighbor Brochure” means a document prepared by the city, as may be 46 revised from time to time that summarizes the general rules of conduct, consideration 47 and respect pertaining to the use and occupancy of short-term rental units. 48 “Guest” means any person who rents, stays at, occupies, or visits the short-term 49 rental unit as a transient occupant. The term “guest” includes any overnight guest 50 and/or any daytime guest.
51 “Functioning Homeowners’ Association (HOA)” means governing board of a 52 common interest development, formed under the Davis Sterling Act (California Civil 53 Code Section 4100). A Functioning HOA is characterized by the following: there is a 54 common area owned by the association or owners of separate interests, a declaration 55 and final subdivision map have been recorded; each homeowner has been conveyed a 56 separate interest coupled with an interest in the common area or membership in the 57 association; the governing board is elected by the homeowners, and the association 58 includes all residential properties within the recorded subdivision map. Additionally, a 59 Functioning HOA actively governs property uses, enforces community rules, and is 60 responsible for the maintenance and management of the development beyond merely 61 overseeing landscaped areas.
62 “Host” means a property owner who occupies the property during the entire 63 period of the short term rental.
406
3 64 “Hosting Platform” means an individual or entity that facilitates short-term rental 65 bookings in exchange for a fee or other compensation, either directly or indirectly, by 66 conducting transactions through various means.
67 “Junior Accessory Dwelling Unit” has the same definition as provided in PDMC 68 Section 25.99.020 Land Use Definitions.
69 “On-site short-term rental” means a short-term rental at a host’s primary 70 residence where the host remains on the property and resides in a bedroom or casita 71 throughout the guest’s stay, except during daytime or work hours. 72 “Off-site short-term rental” means a short-term rental where there is no host and 73 the operator resides off-site during the guest’s stay. 74 “Operator” means an owner or a property manager who offers or manages a 75 dwelling unit, or portion thereof, as an off-site short-term rental unit. 76 “Owner” means any person or entity having fee-title ownership and/or appearing 77 on the last equalized assessment roll of Riverside County showing controlling interest of 78 the short-term rental unit.
79 “Primary Residence” means a person’s permanent residence or usual place of 80 return for housing, verified by at least two of the following: driver’s license; voter 81 registration; tax records listing the dwelling as the person’s home; or a utility bill. 82 “Property” means the actual single-family house or other residential dwelling unit, 83 including all of its improved real property, which is used as a short-term residential 84 rental.
85 “Responsible person” means a short-term rental unit guest who is at least twenty86 five years of age and who is legally responsible for ensuring that all guests of the short87 term rental unit and/or their daytime guests comply with all applicable laws, rules and 88 regulations pertaining to the use and occupancy of the subject short-term rental unit. 89 “Short-term rental permit” means a permit, with a permit number, issued by the 90 City to allow on-site or off-site short-term rentals. 91 “Short-term rental unit” means a privately-owned residential dwelling unit, or 92 portion thereof unless otherwise prohibited, including a casita, that is offered or provided 93 to a guest by an operator for twenty seven (27) consecutive nights or less. The term 94 “short-term rental unit” shall not include hotels, motels, inns, timeshares, or bed and 95 breakfasts.
96 “Transient” means any person who rents, stays at, or otherwise occupies a short97 term residential unit for a period of twenty-seven (27) consecutive nights or less. 407
4 98 “Transient occupancy registration permit” means a permit that allows the use of a 99 privately-owned residential dwelling as a short-term rental unit pursuant to the 100 provisions of Chapter 3.28, Transient Occupancy Tax, respectively. 101 “Transient occupancy tax” means the tax levied by the city in accordance with 102 Chapter 3.28 of the municipal code. This tax is levied upon individuals or businesses 103 engaged in the rental of sleeping accommodations to the public. 104 “Zone” has the same definition as provided in PDMC Section 25.99.020 Land 105 Use Definitions.
106 5.10.040 Authorized agent or representative – Off-site 107 Short-Term Rentals.
108 A. An owner shall designate an operator to act on the owner’s behalf to 109 ensure compliance with the requirements of this chapter. 110 B. Notwithstanding subsection A, the owner shall not be relieved from any 111 personal responsibility or personal liability for noncompliance with any applicable law, 112 rule or regulation pertaining to the use and occupancy of the subject short-term rental 113 unit, regardless of whether such noncompliance was committed by the owner or 114 operator or the guests of the owner’s short-term rental unit or their daytime guests. 115 5.10.050 Permit – Types Required.
116 A. Short-term Rental Permit Types. An owner ,host, or operator must obtain 117 one of the following short-term rental permit types to advertising, renting, or otherwise 118 operating any short-term rental unit, and shall be responsible for complying with all 119 requirements of this chapter:
120 1. On-site short-term rental permit. As a condition of the permit, the 121 host shall demonstrate regular occupancy, which may be by neighbor verification or 122 other means sufficient, in the discretion of city manager, to show regular and continuous 123 owner-occupancy prior to and during each rental period. 124 2. Off-site short-term rental permit.
125 B. Transient Occupancy Registration Permit. The permit type in subsection 126 A, when issued, shall also serve as the transient occupancy registration permit, as 127 provided in Section 3.28.060, if the applicant satisfies the requirements of this Chapter 128 and Chapter 3.28.
408
5 129 5.10.060 Short-term rental permit for all types—
130 Application and processing requirements.
131 A. The applicant must submit the following information on an application form 132 provided by the city:
133 1. The name, address, valid email address, and telephone number of 134 the owner of the subject short-term rental unit.
135 2. The name, address, valid email address, and telephone number of 136 the operator of the subject short-term rental unit. 137 3. The address of the proposed short-term rental unit. 138 4. The number of bedrooms and the applicable overnight and daytime 139 occupancy limit of the proposed short-term rental unit. 140 5. Acknowledgement of receipt and inspection of a copy of the Good 141 Neighbor Brochure.
142 6. Other information the city manager deems reasonably necessary to 143 administer this chapter.
144 B. A short-term rental permit will not be granted for properties that do not 145 qualify under Section 5.10.070.
146 C. A short-term rental permit application shall be accompanied by payment of 147 an application processing fee established by resolution of the city council. 148 D. Within thirty days of a change of property ownership, the new owner shall 149 submit an application and requisite application fee for a new short-term rental permit, if 150 continued short-term rental is desired, which permit must be obtained prior to continuing 151 to rent the subject unit as a short-term rental unit. 152 E. A short-term rental permit shall not be issued or renewed if there are 153 unresolved city code compliance cases, outstanding city fines or fees, or city liens on 154 the property.
155 F. A short-term rental permit must be renewed annually to remain valid. 156 Failure to renew a short-term rental permit within thirty calendar days of the expiration 157 date will result in the short-term rental permit being terminated. 158 G. Short-term rental permit renewals are subject to any intervening changes 159 in this Chapter 5.10 and renewal shall be denied if the short-term rental no longer 409
6 160 qualifies under the requirements of this chapter, unless specifically exempted therefrom. 161 A short-term rental permit shall not be renewed if the unit has not been actively 162 operating in the prior calendar year. A host or operator that is denied a renewal for 163 failure to actively operate may apply for a new short-term rental permit, if otherwise 164 qualified under this chapter.
165 H. The city may conduct an inspection of the short-term rental unit prior to 166 issuing any new or renewal permit.
167 I. A short-term rental permit application may be denied if the applicant has 168 had a prior short-term rental permit suspended or revoked. 169 J. Within thirty (30) days of any change in information previously provided as 170 part of a new or renewal short-term rental permit application, the host or operator shall 171 provide city written notice of such change in information. This includes, but is not limited 172 to, change in operator, change in contact information, or any other change in material 173 facts pertaining to the information contained in the previously submitted short-term 174 rental permit application.
175 5.10.070 Short-term rental permit—permitted zones
176 and prohibited unit types.
177 A. On-Site Short-term Rentals
178 1. Permitted Residential Zones
179 a. Estate Residential District (RE)
180 b. Single-Family/Mobile Home Residential District (R-1M) 181 c. Single-Family Residential District (R-1)
182 d. Single-Family Residential District (R-2)
183 e. Multifamily Residential District (R-3)
184 f. Hillside Planned Residential District (HPR), where the short 185 term rental unit is:
186 (i) Not within an HOA;
187 (ii) Within an HOA that is not a Functioning HOA; or 410
7 188 (iii) Within a Functioning HOA and the owner is permitted 189 under state law or the current Declaration of
190 Covenants, Conditions, and Restrictions (CC&Rs) of
191 the Functioning HOA to operate a short-term rental. 192 g. Planned Residential District (PR), where the short-term 193 rental unit is:
194 (i) Not within an HOA;
195 (ii) Within an HOA that is not a Functioning HOA; or 196 (iii) Within a Functioning HOA and the owner is permitted 197 under state law or the current Declaration of
198 Covenants, Conditions and Restrictions (CC&Rs) of
199 the Functioning HOA to operate a short-term rental. 200 h. Downtown Edge Transition Overlay (DEO)
201 i. Downtown Edge District (DE)
202 j. Downtown (D)
203 2. Prohibited Unit Types in all zones:
204 a. Apartments
205 b. Accessory dwelling units
206 c. Junior accessory dwelling units
207 d. Units with one bedroom or less
208 B. Off-Site Short-term Rentals
209 1. Permitted Residential Zones
210 a. Estate Residential District (RE)
211 b. Single-Family/Mobile Home Residential District (R-1M) 212 c. Multifamily Residential District (R-3)
213 d. Planned Residential District (PR), where the short term 214 rental unit is:
215 (i) Not within an HOA;
411
8 216 (ii) Not within a Functioning HOA; or
217 (iii) Within a Functioning HOA and the owner is permitted 218 under state law or the current Declaration of
219 Covenants, Conditions, and Restrictions (CC&Rs) of
220 the Functioning HOA to operate a short-term rental. 221 e. Downtown Edge Transition Overlay (DEO)
222 f. Downtown Edge District (DE)
223 g. Downtown (D)
224 2. Prohibited Unit Types in all zones:
225 a. Apartments
226 b. Accessory dwelling units
227 c. Junior accessory dwelling units
228 5.10.080 Off-site short-term rentals prohibited in HPR 229 zone.
230 A. A new off-site short-term rental permit within the HPR zone will not be 231 issued.
232 B. Existing off-site short-term rental permits in the HPR zone may be 233 renewed if otherwise qualified, but all such off-site short-term rental permits shall 234 terminate, and such uses permanently cease operation, by December 31, 2026. 235 C. If an existing off-site short-term rental permit is revoked pursuant to this 236 chapter, and the short-term rental unit is located in the HPR zone, then a new permit will 237 not be issued.
238 5.10.090 Operational requirements for all types of
239 short-term rental permits.
240 A. While a short-term rental unit is rented, the host or operator shall be 241 available twenty-four hours a day, seven days a week for the purpose of responding 242 within thirty minutes to complaints regarding the condition, operation, or conduct of 243 guests of the short-term rental unit.
412
9 244 B. Upon notification that the responsible person and/or any guest of the 245 short-term rental unit has created unreasonable noise or disturbances, engaged in 246 disorderly conduct, or committed violations of any applicable law, rule or regulation 247 pertaining to the use and occupancy of the subject short-term rental unit, the host or 248 operator shall promptly respond within thirty minutes in an appropriate manner to 249 immediately halt or prevent a recurrence of such conduct by the responsible person 250 and/or any guests. Failure of the host or operator to respond to calls or complaints 251 regarding the condition, operation, or conduct of guests of the short-term rental unit 252 within thirty minutes and in an appropriate manner shall render the host or operator 253 subject to all administrative, legal and equitable remedies available to the city, up to and 254 including short-term rental permit revocation.
255 C. The host or operator shall post the current short-term rental permit number 256 on, or in, any advertisement appearing in any newspaper, magazine, brochure, 257 television trade paper, Internet website, etc., that promotes the availability or existence 258 of a short-term rental unit in a place or location deemed acceptable by the city manager. 259 In the instance of audio only advertising of the same, the short-term rental permit 260 number shall be read as part of any advertising. The following shall be clearly identified 261 in any advertisement: (1) the maximum overnight occupancy of the short-term rental 262 unit; (2) requirements for compliance with the city’s noise standards and regulations; 263 and (3) a statement that the short-term rental unit guests shall respect the neighbors’ 264 privacy and enjoyment of their property.
265 D. The host or operator shall use reasonably prudent business practices to 266 ensure that the guests of the short-term rental unit do not create unreasonable noise in 267 violation of Palm Desert Municipal Code (PDMC) Chapter 9.24, Noise Control or 268 disturbances, engage in disorderly conduct, or violate any applicable law, rule or 269 regulation pertaining to the use and occupancy of the subject short-term rental unit. The 270 short-term rental unit shall be used in a manner that complies with all applicable laws, 271 rules and regulations pertaining to the use and occupancy of the subject short-term 272 rental unit, including Chapter 3.28 (Transient Occupancy Tax). 273 E. Guests of the short-term rental unit shall comply with all standards and 274 regulations of the PDMC, including and especially Chapter 9.24, Noise Control, and 275 Chapter 9.25, Multiple Responses to Loud or Unruly Parties, Gatherings or Other 276 Similar Events.
277 F. The minimum duration of a short-term rental unit is three days, two nights. 278 Less than three-day, two-night rentals or leases are prohibited. 279 G. The maximum number of overnight guests for a short-term rental unit shall 280 not exceed two persons per bedroom. Additional daytime guests are allowed between 281 the hours of seven a.m. and ten p.m., with the additional maximum daytime guests not 282 to exceed two persons per bedroom with a maximum of twenty guests allowed for five 413
10 283 bedrooms or more. If the property is an on-site short-term rental, the host shall be 284 deemed to occupy at least one bedroom, which shall reduce the number of bedrooms 285 available for overnight guests and reduce the total number of daytime guests permitted. 286 The following table illustrates the maximum number of overnight guests and daytime 287 guests permitted for an off-site short-term rental:

Number of Bedrooms Total of Overnight Guests
Total Daytime Guests (Including Number of Overnight
Guests)
1 2 4
2 4 8
3 6 12
4 8 16
5 10 20
6 12 20
7 14 20
288 H. A short-term rental unit shall not change the residential character of the 289 outside appearance of the residence, either by the use of colors, materials, lighting, or 290 any advertising mechanism.
291 I. No property use shall cross over any property line. 292 J. All parking associated with a short-term rental unit shall be entirely on-site, 293 in the garage, carport, and driveway or otherwise off of the public street. 294 K. The city manager shall have the authority to impose additional conditions 295 on the use of any given short-term rental unit to ensure that any potential secondary 296 effects unique to the subject short-term rental unit are avoided or adequately mitigated. 297 L. Trash and refuse shall not be left stored within public view, except in 298 proper containers for the purpose of collection by the city’s authorized waste hauler, and 299 only on scheduled trash collection days. The host or operator shall use reasonably 300 prudent business practices to ensure compliance with all the provisions of 301 Chapter 8.16 (Solid Waste) of the PDMC.
302 M. Unless otherwise provided in this chapter, the host or operator shall 303 comply with all provisions of Chapter 3.28 of the PDMC concerning TOT, including, but 304 not limited to, submission of a monthly TOT return in accordance with 305 Section 3.28.070 of Chapter 3.28 of the PDMC, which shall be filed monthly even if the 306 short-term rental unit was not rented during each such month. 307 N. Transient occupancy taxes shall be collected on all short-term rentals 308 pursuant to PDMC Chapter 3.28 (Transient Occupancy Tax). If a hosting platform does 309 not collect payment for the rental, hosts or operators are solely responsible for the 310 collection of all applicable TOT and remittance of the collected tax to the City in 311 accordance with Chapter 3.28 (Transient Occupancy Tax). Upon compliance with the 312 Greater Palm Springs Tourism Business Improvement District (TBID) authorized by the 414
11 313 California Streets and Highways Code Section 36600 et seq., the host or operator shall 314 also be responsible for collection and remittance of all TBID assessments to the City. 315 O. The City will post the short-term rental unit information on the City’s 316 website for the public to access.
317 P. A short-term rental unit may not be operated as any other commercial 318 home-based business.
319 Q. If the dwelling unit used as a short-term rental unit is subject to the rules of 320 a homeowners’ or condominium association, short-term rental activity must comply with 321 those rules, and this chapter shall not be inferred to grant any permission that 322 invalidates or supersedes any provisions of those homeowners’ or condominium 323 associations.
324 R. The host or operator shall authorize all hosting platform(s) on which their 325 STR(s) is listed to provide to the City with the host’s or operator’s listing and other 326 information to demonstrate compliance with all provisions of this chapter. 327 5.10.100 Procedures for hosts, operators and guests. 328 Prior to occupancy of a short-term rental unit, the host or operator shall:
329 A. Meet and greet the responsible person on-site or virtually and obtain their 330 name, address, and a copy of a valid government identification. 331 B. Provide the responsible person a copy of the Good Neighbor Brochure. 332 C. Provide the responsible person information about the city’s short-term 333 rental regulations.
334 D. Require the responsible person to execute a formal acknowledgement in a 335 form acceptable to the city stating that he or she is legally responsible for ensuring that 336 all short-term rental unit guests maintain compliance with all applicable laws, rules and 337 regulations pertaining to the use and occupancy of the short-term rental unit. This 338 information shall be maintained by the host or operator for a period of three years and 339 be made readily available upon request of any officer of the city responsible for the 340 enforcement of any provision of the PDMC or any other applicable law, rule or 341 regulation pertaining to the use and occupancy of the short-term rental unit. 342 E. Provide the responsible person with the host or operator’s twenty-four343 hour availability information. 415
12 344 F. Provide the responsible person a copy of the maximum number of 345 overnight guests and the maximum number of daytime guests as permitted pursuant to 346 the chapter.
347 G. Post a copy of the short-term rental permit and a copy of the Good 348 Neighbor Brochure in a conspicuous place within the short-term rental unit. 349 H. Provide the responsible person a copy of trash pickup day and applicable 350 rules and regulations pertaining to leaving or storing trash on the exterior of the 351 property.
352 I. Provide the responsible person a copy of the PDMC, Chapter 9.24, Noise 353 Control, and Chapter 9.25, Multiple Responses to Loud or Unruly Parties, Gatherings or 354 Other Similar Events.
355 J. Explain to the responsible person that the guests and owner may be cited 356 or fined by the city in accordance with this chapter and/or Chapter 9.24, Noise Control, 357 and Chapter 9.25, Multiple Responses to Loud or Unruly Parties, Gatherings or Other 358 Similar Events.
359 K. Provide written notice that no radio receiver, musical instrument, 360 phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, or 361 any machine, device or equipment that produces or reproduces any sound shall be 362 used outside or be audible from beyond the property boundaries of any short-term 363 rental unit between the hours of ten p.m. and ten a.m. 364 5.10.110 Recordkeeping duties.
365 The host or operator shall maintain for a period of three years, records in such form 366 as the tax administrator (as defined in, and required by, Chapter 3.28) may require to 367 determine the amount of TOTs or TBID assessments owed to the city. The city manager 368 shall have the right to inspect such records at all reasonable times. Such records shall 369 be maintained at the host’s or operator’s premises or shall be available for delivery to 370 the tax administrator within one week after request, which may be subject to the 371 subpoena pursuant to Section 3.28.110.
372 5.10.120 Violations.
373 A. Additional Conditions. A violation of any provision of this chapter by any of 374 the guests, owner(s) or the operator shall authorize the city manager to impose 375 additional conditions on the use of any given short-term rental unit to ensure that any 376 potential additional violations are avoided.
416
13 377 B. Permit Modification, Suspension and Revocation. A violation of any 378 provision of this chapter by any of the guests, owner(s) or the operator shall constitute 379 grounds for modification, suspension and/or revocation of the short-term rental permit 380 and/or any affiliated licenses or permits pursuant to the provisions set forth in this 381 chapter.
382 1. Whenever any host or operator fails to comply with any provision of 383 this chapter, the city manager upon hearing, after giving the host or operator and/or 384 owner ten days’ notice in writing specifying the time and place of hearing and requiring 385 him or her to show cause why the short-term rental permit should not be revoked, may 386 modify, suspend or revoke the permit held by the host or operator. 387 2. The city manager shall give the host or operator written notice of 388 the modification, suspension or revocation of the permit. The notices required in this 389 section may be served personally or by mail.
390 3. The city manager shall not issue a new short-term rental permit 391 after the revocation of a permit unless he or she is satisfied that the former holder of the 392 permit will comply with the provisions of this chapter and the short term rental unit 393 complies with Section 5.10.070. During the period of time while such a permit is 394 suspended, revoked or otherwise not validly in effect, the use of the dwelling as a short395 term rental unit is prohibited. 396 C. Notice of Violation. The city may issue a notice of violation to any guest, 397 host, or operator, pursuant to this chapter, if there is any violation of this chapter 398 committed, caused or maintained by any of the above parties. 399 D. Administrative Citation. The city may issue an administrative citation to the 400 property owner(s) pursuant to Chapter 8.81 (Administrative Citations) of the municipal 401 code if there is any violation of this chapter committed, caused or maintained. Nothing in 402 this section shall preclude the city from also issuing an infraction citation upon the 403 occurrence of the same offense on the same day to any guests, host(s) or the operator. 404 Unless otherwise provided herein, any person issued an administrative citation pursuant 405 to this chapter shall for each separate violation be subject to: (1) an administrative fine 406 in an amount not to exceed one thousand dollars for the first citation; (2) an 407 administrative fine in an amount not to exceed three thousand dollars for a second 408 citation issued for the same offense within a twelve-month period of the date of the first 409 offense; and (3) a fine in an amount not to exceed five thousand dollars and an 410 immediate revocation of the short-term rental permit for a period of two years for the 411 third citation within a twelve-month period of the date of the first offense. 412 E. Notwithstanding the above, operating a short-term rental unit without a 413 validly issued short-term rental permit shall be subject to a fine in an amount of five 414 thousand dollars for the first citation and each additional citation, and the city has the 417
14 415 right to refuse the issuance of any new or renewed short-term rental permit for the cited 416 property and/or to the cited host or operator anywhere else within the city. 417 F. Infraction. The city may issue an infraction citation to any guest, host or 418 operator, pursuant to the provisions set forth in Chapter 1.08, Citations for Code 419 Violations, including, but not limited to, the imposition of any and all criminal penalties 420 set forth therein if there is any violation of this chapter committed, caused or maintained 421 by any of the above parties. Unless otherwise provided herein, any person convicted of 422 an infraction shall, for each separate violation of this chapter be subject to: (1) a fine in 423 an amount not to exceed one thousand dollars for a first conviction of an offense; (2) a 424 fine in an amount not to exceed three thousand dollars for a second conviction of the 425 same offense within a twelve-month period of the date of the first offense; and (3) a fine 426 in an amount not to exceed five thousand dollars for the third conviction of the same 427 offense within a twelve-month period of the date of the first offense. 428 G. Public Nuisance. It shall be a public nuisance for any person to commit, 429 cause or maintain a violation of this chapter, which shall be subject to the provisions of 430 Chapter 9.24, Noise Control, and Chapter 9.25, Multiple Responses to Loud or Unruly 431 Parties, Gatherings or Other Similar Events.
418
RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, ADOPTING A POLICY FOR SHORT-TERM

RENTAL HARDSHIP EXTENSIONS FOR THE TERMINATION AND

AMORTIZATION OF SHORT-TERM RENTALS WITHIN THE HILLSIDE

PLANED RESIDENTIAL (HPR) ZONE
WHEREAS, the City Council of the City of Palm Desert, California, on October 10, 2024, considered adopting a policy for short-term rental hardship extensions for the termination and amortization of off-site short-term rentals in the Hillside Planned Residential (HPR); and
WHEREAS, pursuant to the authority granted to the City of Palm Desert (“City”) by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designed to promote public convenience and general prosperity, as well as public health, welfare, and safety; and WHEREAS, according to the California Environmental Quality Act (CEQA), the City must determine whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a preliminary assessment of the project to determine whether the project is exempt from CEQA review. If a project is not exempt, further environmental review is necessary. The application has complied with the requirements of the "2024 Local Guidelines for Implementing the California Environmental Quality Act for the City of Palm Desert” Resolution No. 2024-035, in that the Director of Development Services has determined that the policy for short-term rental hardship extensions is exempt from CEQA review pursuant to Section 15061(b)3 in that the amendments to further regulate the use of short-term rentals will not have a significant negative impact on the environment; and
WHEREAS, the City Council of the City of Palm Desert, California has determined that the proposed policy, is consistent with the General Plan and applicable state law; and WHEREAS, at said meeting, and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve said resolution:

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California as follows:

SECTION 1. The City Council hereby adopts the foregoing recitals as its findings in support of the following regulations to add a hardship extension process and further finds that the following regulations, including the eventual elimination of off-site short-term rentals in the HPR zone, are beneficial and appropriate to protect the health, safety and welfare of the residents and businesses of Palm Desert within the City limits.

SECTION 2. The City Council hereby adopts the Policy for Hardship Extensions attached hereto as Exhibit “A”.
419
RESOLUTION NO. 2024-
2 ADOPTED ON______________________2024
________________________________

KARINA QUINTANILLA
MAYOR
ATTEST:
__________________________________
ANTHONY J. MEIJA

CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on _______________________, by the following vote:

AYES:

NOES
ABSENT:

ABSTAIN:

RECUSED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ___________________. ________________________________
ANTHONY J. MEJIA

CITY CLERK
420
RESOLUTION NO. 2024-
3 Exhibit “A”

POLICY FOR HARDSHIP EXTENSIONS
PURSUANT TO PDMC SECTION 5.10.080
A. If an owner believes that termination of the short-term rental use by December 31, 2026, will not provide the owner a reasonable period within which to recover the costs that the owner reasonably invested for short-term rental use, and that such costs cannot be recovered once the short-term rental use is terminated, the owner may apply to the director of development services for a hardship extension. The application for a hardship extension shall be made, processed, and acted on in accordance with the following provisions:

1. The hardship extension is available only to short-term rental owners who have consistently paid the Transit Occupancy Tax (TOT) and Tourism Business Improvement District (TBID) assessment to the city. If no TOT or TBID payments have been made to the city for a period greater than half of the permit’s effective duration, it will be presumed that no hardship exists.

2. The department of development services will begin receiving applications for hardship extensions on December 1, 2024. An application will be reviewed for completeness and the owner will be notified of any deficiencies, or that the application is complete, within thirty (30) days. The city will endeavor to complete review, hear appeals and make a final determination within five (5) months of receipt of a complete application, assuming the owner reasonably cooperates in the process.

Consequently, owners desiring a final decision by December 31, 2026 should have a complete application on file by no later than August 1, 2026. An extension of a short-term rental permit past December 31, 2026 will not be granted simply because an application for a Hardship Extension is pending.

3. The owner shall sign the application under penalty of perjury. The application shall set forth the amount of additional time that the owner contends is necessary, beyond December 31, 2026, to recover the costs that the owner reasonably invested for short-term rental use and that cannot be recovered once the short-term rental use is terminated. The application shall fully set forth the owner’s justification for such additional time and shall include, along with whatever other information the owner believes to be relevant, the following information.
(a) Internal Revenue Service Schedule E (Supplemental Income and Loss), Schedule C (Net Profit from Business (Sole Proprietorship), or a Schedule K1 (Partner’s Share of Current Year Income, Deductions, Credits, and Other Items) from Owner’s federal income tax returns for the years since commencement of operation of the Short-Term rental.
(b) Depreciation Schedule from the most recent income tax year showing the depreciable basis in the short-term rental, as well as any depreciable improvements or assets used it the Short-Term rental.
421
RESOLUTION NO. 2024-
4 (c) The date that the property was acquired by the owner, the price and other terms of the acquisition that materially affected the price, the closing escrow documents, and the purpose for which the property was acquired by the owner.

If the property was acquired by a means other than an arms-length purchase (including without limitation a gift or inheritance), then the owner shall provide information concerning the most recent arms-length purchase involving the property and the fair market value of the property on the date of owner’s acquisition. (d) Finance terms of the short-term rental, if financed, documenting amount financed, interest rate and term of financing. (e) Each use that the owner has made of the property since the owner’s acquisition and the period of each such use, indicating the start and end date for each consecutive use, including each period of personal use, each period of compensated use by friends or other acquaintances, each short-term rental tenancy, each long-term rental tenancy, each period in which the property was put to some other use, and each period in which the property was left vacant and unused. The owner should also include the following information for each use period:
(1) the number of days in each use period (end date less start date),
(2) the amount of rent or other charges collected,
(3) the amount of transient occupancy tax remitted to the city,
(4) the amount of tourism business improvement district assessments remitted to the city,
(5) the expenses directly associated with that period of use (including but not limited to commission fees).
(f) A detailed listing of expenditures made by the owner for capital improvements to the property for the purpose of putting the property to short-term rental use, since it was acquired, including the purpose of each expenditure, the amount, the date, the payee, and any other relevant information for each expenditure. The owner shall provide receipts, executed contracts, or other written proof of each expenditure. (g) A detailed listing of expenditures made by the owner for capital improvements to the property other than those made for the purpose of putting the property to short-term rental use, since it was acquired, including the purpose of each expenditure, the amount, the date, the payee, and any other relevant information for each expenditure. The owner shall provide receipts, executed contracts, or other written proof of the each expenditure.
(h) A detailed listing of all expenditures, other than for capital expenditures, incurred by the owner for the purpose of putting the property to short-term rental use, including the purpose of each expenditure, the amount, the date, the payee, 422
RESOLUTION NO. 2024-
5 and any other relevant information for each expenditure. The owner shall provide receipts, contracts, or other written proof of each expenditure.
(i) A detailed projection of the income and expenses that are anticipated if the requested hardship extension is approved. (j) An identification and description of any contract with a third party that commits the property to a future short-term rental use, including the dates of the committed use, the rent to be charged for the use, any other amount to be charged or paid (e.g., cleaning fees, commissions, transient-occupancy tax), and any other relevant information relating to the contracted future use. The owner shall provide written evidence of the contracts identified.
(k) An identification and description of any long-term
commitment, whether a lease, mortgage, or other commitment, that has been made by the owner in reliance on the ability to use the property for short-term rental purposes. The owner shall provide written documentation for each such commitment. (l) The fair market value (“FMV”) of the short-term rental property within six (6) months of the application. The owner shall provide the factual basis and analysis substantiating the FMV, including comparable-sales information, incomeapproach elements, and cost-approach elements. (m) A financial analysis demonstrating the amount of time that will be required for the owner to recover the costs reasonably invested for short-term rental use to the extent that such costs could not already have been reasonably recovered during the period of short-term rental use of the property and cannot be recovered once the short-term rental use is terminated. The analysis should identify reference sources for each item of data included and set forth the basis for each assumption made. The director of development services may provide the owner with a requested form or format for the financial analysis, and if provided, such form or format shall be completed and submitted by the owner.

4. After receiving a timely filed application, the director of development services may request any additional information that the director deems in his or her discretion to be reasonably necessary to ascertain relevant facts and circumstances; and, if requested, the owner shall provide the requested information within thirty (30) calendar days of the director’s request, unless the director provides for a longer period. The director may deem an application to be incomplete, and return it to the owner for additional information, if the information set forth in the application or requested by the director is not provided in a manner that is comprehensive and understandable and that demonstrates how the factual information provided leads to the conclusion that the requested hardship extension is necessary. If an application is returned as incomplete, the owner shall correct the deficiencies and provide the requested information within thirty (30) calendar days of the director’s request, unless the director expressly provides in writing for a longer period. The director, in his or her sole and absolute discretion, may waive one or more of the items listed above if he or she determines that the purpose and intent of this policy can be adequately achieved without the submittal of such item or items, but no waiver shall be effective unless in writing and signed by the director. 423
RESOLUTION NO. 2024-
6 5. The burden shall be on the owner to establish the need and grounds for a hardship extension and to establish the reasonableness of the requested duration of the extension. An owner’s failure to produce appropriate information or documentation shall be grounds for denying or reducing a hardship extension. Any alleged hardship that is based on action or expenditures not reasonably taken or made in light of the circumstances, shall not be grounds for an extension. Any expense for modification or improvement of the short-term rental property that was incurred after October 10, 2024, shall be presumed not to be reasonably incurred unless (i) the owner proves that the expense was reasonably necessary to operate the short-term rental in a way that would ultimately reduce the duration of the extension otherwise necessary by allowing for a quicker recovery of the owner’s qualifying costs, or (ii) the expense was incurred to satisfy a requirement of the city for the continued use and operation of the property.

6. The director of development services shall approve an extension upon determining that the owner has shown that since the commencement of the use of the owner’s property as a short-term rental property, the owner has not had and will not have by December 31, 2025, a reasonable period of time within which to recover the costs that the owner reasonably invested for short-term rental use, and that those costs cannot be recovered once the short-term rental use is terminated.

7. In determining whether the owner has had and will have a reasonable period for recovery of costs, the director of development services shall consider the period of time that the owner has had for short-term rental use since the owner began to incur such costs, as well as the time available for continued short-term rental use until December 31, 2025. In addition to the information contained in the application submitted by the owner, the director of development services may consider such additional competent and relevant information that the director may obtain by staff investigation or from other sources as the director may choose to consult or obtain; however, the director shall not be obligated to conduct any independent investigation or to seek information outside the scope of the owner’s application. Upon request of the director, the owner shall be reasonably available to respond to questions or to review and discuss relevant information.

8. In considering the application and making a decision, the director of development services may take into account all relevant information that relates to the determination of whether the owner has had or will have a reasonable period of time to recover the costs that the owner reasonably invested for short-term rental use, and to the possibility that the costs can be recovered before the short-term rental use is terminated, including but not limited to any of the following matters:
(a) The information submitted in the owner’s application. (b) The period of time that the owner has had for short-term rental use since the owner began to incur such costs.
(c) The amount of investment or original cost incurred by the owner.
424
RESOLUTION NO. 2024-
7 (d) The income potential of the property since it was allowed to be used for short-term rental purposes and the income actually received by the owner from short-term rental use since it was allowed to be used for short-term rental purposes. (e) Any amortization or depreciation of the improvements to the property that has been prepared for tax purposes and any tax benefit that the owner might have derived from claiming depreciation.
(f) The extent of the owner’s investment that is unique to the short-term rental use and does not serve any conforming use of the property. (g) The extent of the owner’s investment that could not be recovered on sale of the property.
(h) The owner’s investment-backed expectations in light of current and pending regulation at the time that the investment was made. (i) The replacement cost of improvements that might have been made that only serve the short-term rental use; and the length of time that the owner has had the benefit of the investment before the termination of the use. (j) Any other information that bears on the reasonable period of time for the owner of a terminating short-term rental to recover the costs reasonably invested for short-term rental use.

9. A decision by the director of development services to deny an application for a hardship extension, in whole or in part, or to limit the duration of an extension to a shorter period than requested by the owner, may be appealed to the city manager. At the city manager’s option, a hearing may be conducted by a hearing officer appointed by the city manager or the city manager may conduct her or his own independent review. The deadline for filing an appeal shall be thirty (30) calendar days after the date that the written notice of the director of development services’ decision is mailed (via first class delivery) to the owner. Such an appeal may be filed only if the owner timely submitted a complete application to the director of development services for a hardship extension.

10. If appointed by the city manager, the hearing officer shall conduct an independent analysis of the information already submitted in the matter to the director of development services and, at the hearing officer’s discretion, a hearing; however, neither the city nor the owner may submit additional information to the hearing officer other than that which was submitted to the director of development services in connection with the owner’s application for hardship extension, except to the extent the information: (i) could not have reasonably been provided to the director of development services with the application; (ii) is necessary to rebut or respond to information submitted by the other party or any other person to the director of development services; or (iii) in response to a request by the hearing officer. The hearing officer’s recommendation shall be based on all relevant information, including the categories of information set forth in this section.

The burden shall be on the owner to establish the need and grounds for the hardship extension and to establish the reasonableness of the requested duration of the extension. 425
RESOLUTION NO. 2024-
8 Any hardship that is based on actions or expenditures not reasonably taken or incurred in light of the circumstances shall not be grounds for an extension based on the criteria provided in this section. The recommendation of the hearing officer shall be considered by the city manager, who may adopt or modify the recommendation of the hearing officer.

Whether or not a hearing officer was appointed, the decision of the city manager shall be final.
426

Page 1 of 3 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: October 10, 2024
PREPARED BY: Nick Melloni, AICP, Principal Planner
SUBJECT: INTRODUCTION OF AN ORDINANCE TO ADD CHAPTER 12.36 TO TITLE 12 OF THE PALM DESERT MUNICIPAL CODE ESTABLISHING

PUBLIC RIGHT-OF-WAY VACATION PROCEDURES AND MAKING A

FINDING OF EXEMPTION UNDER CEQA
RECOMMENDATION:

Introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 12.36 TO THE PALM DESERT

MUNICIPAL CODE REGARDING PUBLIC RIGHT-OF-WAY VACATION PROCEDURES AND MAKING A FINDING OF EXEMPTION UNDER CEQA.”
EXECUTIVE SUMMARY:

Adopting staff’s recommendation will pass the proposed ordinance for right-of-way vacations to second reading. The proposed ordinance has been prepared based on direction from the City Council to City staff and the City Attorney. It is consistent with the procedural requirements of state law and notably establishes a policy favoring limited, conditional private use of public property—through encroachment permits and other City regulations—over the outright vacation of the City’s legal interest in right-of-way on such property. Additionally, the ordinance requires applicants to obtain an independent appraisal report to determine the value of right-of-way proposed for vacation, with limited exceptions for errors, public safety, or applicant hardship.

BACKGROUND:

City public rights-of-way provide for a variety of public needs, including but not limited to vehicular access, pedestrian access, open space, easements for various purposes such as drainage, or other restrictions. Rights-of-ways are typically dedicated to the City as a condition of tract and parcel map developments. If the City determines that a right-of-way is no longer needed for public use, the right-of-way may undergo a vacation process.

A “vacation” means the complete or partial abandonment or termination of the public’s right to use a street, highway, or public service easement. The vacation of public street right-of-way (“ROW”) and easements is generally governed by Division 9, Part 3 of the California Streets and Highways Code (Sections 8300-8363), which outlines procedural requirements for these actions.

Currently, the City of Palm Desert has no local ordinance regarding the requirements and procedures for ROW or public service easement vacations and therefore adheres to the State’s minimum requirements. Cities, however, can establish additional requirements beyond those provided by state law.
427
City of Palm Desert
Right-of-Way Vacation Ordinance

Page 2 of 3 ends

On April 25, 2024, while considering a street vacation request, the City Council directed City staff and the City Attorney to explore alternative means for releasing the City’s interest in public ROW and public service easements, while ensuring that appropriate compensation to the City would occur when right-of-way is vacated. The proposed ordinance has been prepared based on the direction given by the City Council.

ANALYSIS:

The proposed ordinance establishes a general policy statement regarding the City’s preference to avoid vacation of public right-of-way in favor of conditional private use of right-of-way through encroachment permits or other means. It also outlines procedures for both standard vacations and summary vacations, where applicable, and establishes application requirements for a property value appraisal to ensure appropriate compensation to the City when a vacation does occur.

Policy Statement
The proposed ordinance will establish a policy statement that the City of Palm Desert favors limited, conditional private use of public right-of-way property through the encroachment permit process and other City regulations, rather than the outright vacation of the City’s legal interest in such property. Additionally, the ordinance emphasizes that public use of pedestrian stairway and pathway rights-of-way will be respected when considering vacation requests.

Procedures
When vacations are considered, the proposed procedures will be generally consistent with the requirements for vacation established by the California Street and Highways Code. The ordinance will define relevant terms, set public noticing requirements, ensure consistency with the General Plan, and outline public hearing requirements for vacations. Additionally, the procedures provide a process for summary vacations, which apply to excess right-of-way from a street or highway that is no longer needed for those purposes, or portions of right-of-way that lie within property under single ownership, subject to certain conditions.

Appraisal Requirements
The proposed ordinance will require applicants seeking vacations to submit an independent, written appraisal to determine the value of the right-of-way or portion thereof proposed for vacation. This appraisal must be obtained prior to consideration of the request by the City Council, with applicants bearing the cost of the appraisal. However, this requirement may be waived in the following instances:
 The vacation request is to correct an error in title of the right-of-way proposed for vacation.  The right-of-way poses a serious, hazardous threat to public safety.  The right-of-way creates an unreasonable hardship for the applicants if not granted, and no reasonable alternative exists, such as granting an encroachment permit.

The findings of the appraisal report may be used in determining the level of compensation the City could require for vacation requests. The City may charge a fee or require compensation equivalent to the monetary value of the land being vacated. Compensation will also depend on how the public right-of-way, including streets, highways, and/or public service easements, was originally dedicated:
428
City of Palm Desert
Right-of-Way Vacation Ordinance

Page 3 of 3 ends

 Dedication by Easement: The right-of-way is dedicated to the City by easement. In this case, typically no compensation is required, as vacating the easement reverts public access rights to the underlying property owner without financial exchange.  Dedication by Fee Simple: The right-of-way is owned by the City in fee simple. In this case, compensation is necessary for the applicant to purchase the property from the City, as the vacation would result in the transfer of ownership rights.

Additionally, applicants seeking vacations will be required to provide a title report from a Title Company to the City as part of the application process to verify property ownership.

Legal Review:

This report has been reviewed by the City Attorney’s Office.

Public Input:

A ten-day public hearing notice for this item was posted in the Desert Sun newspaper on Friday, September 27, 2024. No comments have been received by City staff regarding this action.

Environment Review:

The proposed Ordinance is a Project pursuant to the requirements of the California Environmental Quality Act. The proposed Ordinance is exempt from further environmental review under CEQA pursuant to State CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the Ordinance would not have the potential or possibility for causing a significant effect on the environment. Specifically, the proposed changes to the Municipal Code are primarily technical and administrative in nature. The Ordinance would codify procedures for vacating city rights-of-way or portions thereof. No construction is proposed, and the amendments do not constitute any project approvals.

FINANCIAL IMPACT:

No direct financial impacts will occur as a result of this action. Future vacation requests will be evaluated on a case-by-case basis and will have varying impacts based on value of the land paid to the City for vacated certain parcels and reduced cost of maintenance for vacated streets.

ATTACHMENTS:

1. Draft City Council Ordinance

2. Public Hearing Notice
429
430
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ADDING CHAPTER 12.36 TO THE PALM

DESERT MUNICIPAL CODE REGARDING PUBLIC RIGHT-OF-WAY

VACATION PROCEDURES AND MAKING FINDINGS UNDER CEQA
WHEREAS, the vacation of public streets, highways, and public services easements are generally governed by Division 9, Part 3 of the California Streets and Highways Code (Sections 8300-8363); and
WHEREAS, the City of Palm Desert desires to establish local laws and procedures for the vacation of public streets, highways, and public service easements to augment the general provisions of the California Streets and Highways Code; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 10th day of October 2024, hold a duly noticed public hearing to consider the Ordinance; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did find the following facts and reasons, which are outlined in the staff report, exist to justify approval of said request:

THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Addition to Municipal Code. Chapter 12.36 Procedures for Vacating City Rights-of-Way or Portions Thereof is added to the Palm Desert Municipal Code to read as follows:
“Chapter 12.36 PROCEDURES FOR VACATING CITY RIGHTS-OF-WAY OR

PORTIONS THEREOF

12.36.010 Statement of policy on right-of-way vacations.

The City of Palm Desert favors limited, conditional, private use of public right-ofway property through the encroachment permit process set forth in Chapter 12.04 of this Code and other City laws over the outright vacation of the City’s legal interest in such property. Further, the public use of pedestrian stairway and pathway rights-of-way shall be respected in considering requests for vacation. In certain situations, public right-ofway vacation may be appropriate pursuant to the provisions of this Chapter.

12.36.020 Definitions
“Adoption” of a resolution includes passage or enactment of a resolution. “City” means the City of Palm Desert.
431
Ordinance No. _____ Page 2
“City Council” means the City Council of the City.
“City Clerk” means the City Clerk of the City.
“City Engineer” means the City Engineer or their designee. “Director” means the Director of Development Services or their designee. “Interested person” means the owner(s), or their authorized representative(s), of a parcel or parcels which is/are contiguous to the part of the public right-of-way sought to be vacated.
“Planning Commission” means the Planning Commission of the City. “Public Body” means a city or special district as defined in Section 54775 of the Government Code.
“Public service easement” includes all or part of, or any right in:
(a) A right-of-way, easement, or use restriction acquired for public use by dedication or otherwise for sewers, pipelines, pole lines, electrical transmission and communication lines, pathways, storm drains, drainage, canal, water transmission lines, light and air, and other limited use public easements other than for street or highway purposes.
(b) An easement or right of a type described in Section 8340. “Public utility” means a public utility as defined in Section 216 of the Public Utilities Code.
“Street” and “highway” includes all or part of, or any right in, a state highway or other public highway, road, street, avenue, alley, lane, driveway, place, court, trail, or other public right-of-way or easement, or purported public street or highway, and rights connected therewith, including, but not limited to, restrictions of access or abutters’ rights, sloping easements, or other incidents to a street or highway. “Vacation” means the termination of the public interest in a right-of-way (opened or unopened), and the extinguishment of the easement for public travel that is represented by the right-of-way.

12.36.030 Application
A. Any interested person desiring to have a public street, highway, or public service easement vacated shall submit an application to the Director on forms provided by the City.

B. Each application shall include the following information:
432
Ordinance No. _____ Page 3

1. A general and legal description of the right-of-way, or portion thereof, proposed to be vacated together with a map or plan which illustrates the extent of the vacation in relation to the right-of-way, public service easements, if any, and the contiguous properties.

2. An independent, written title report to determine
ownership interests in the right-of-way, or portion thereof, proposed to be vacated, and the contiguous property or properties. The title report shall be issued by a title insurance company licensed and admitted to conduct business by the State of California.

3. A statement describing how the right-of-way sought to be vacated is unnecessary for present or prospective public use.

4. A deposit of the fee required pursuant to Section

12.36.030.

5. All additional information or documentation as
required by the Director.

C. If applicable, a statement and any accompanying documentary proof that the request for vacation is prompted by error, safety, or hardship as described in Section 12.36.060 and is eligible for expedited review under that section.

12.36.030 Fee required.

A processing fee representing the estimated reasonable City costs to process the application shall be deposited with the City in order for the application to be complete.

The fee amount shall be established by City Council resolution.

12.36.040 Acceptance of application – Planning Commission review.

The Director, the City Engineer, and other staff shall review the application for completeness. The City shall seek input from the holders of any public service easements to determine if there are any adverse effects of the requested vacation upon these public service easements and the City may make changes or conditions to the requested vacation accordingly. Environmental inspections and/or review, if required, shall be conducted. Once the application is determined complete by City staff, it shall be submitted to the City Clerk. The City Clerk shall set the matter for consideration by the Planning Commission solely to determine if the location, purpose and extent of the vacation conforms with the City’s General Plan under Government Code Section 65402. The date the Planning Commission renders its determination shall initiate the proceedings for purposes of taking the vacation request to the City Council. At the Director’s discretion, the City may combine several vacation applications and present them to the Planning Commission or City Council in the same proceeding. At the conclusion of the Planning Commission proceedings, the City Clerk shall set the City Council public hearing date and follow the procedures set forth in Section 12.36.070 and Sections 8322 and 8323 of the California Streets and Highways Code.
433
Ordinance No. _____ Page 4

12.36.050 Appraisal required.

Unless exempt pursuant to Section 12.36.060, an independent, written appraisal to determine the value of the right-of-way, or portion thereof, proposed to be vacated shall be obtained by the City prior to consideration of the request to vacate by the City Council.

The right-of-way shall be valued at the same unit value of the contiguous property or properties for its highest and best use as if both the right-of-way to be vacated and the contiguous property or properties are vacant. That is, the appraisal shall consider the value of the right-of-way to be vacated irrespective of the existence of any improvements or structures. The applicant shall bear the cost of the appraisal. The City may combine several vacation applications in order to reduce and distribute the appraisal cost among several applicants.

12.36.060 Expedited review in instances of error, safety or hardship.

Expedited review of vacation applications means the application, once complete, proceeds directly to the Planning Commission under Section 12.36.040 and is exempt from the appraisal requirement under Section 12.36.050.

In order to qualify for expedited review, the application must demonstrate to the satisfaction of the City Engineer that one or more of the following conditions exists:

A. An error exists in title to the right-of-way proposed for vacation. An “error” is defined as a mistake in the legal description of the right-of-way, in the chain of title to the right-of-way, or in the property boundaries of the right-of-way, for example, by conflicts between metes and bounds descriptions, physical monuments, recorded maps or deeds or other recorded instruments. The error may be shown by a survey prepared at the sole cost of the applicant by a surveyor licensed by the State of California Board of Professional Engineers, Land Surveyors, and Geologists. The error must be described in detail and substantiated in writing by an opinion of a title insurance company licensed to do business in the State of California.

B. The existence of the right-of-way proposed for vacation poses a serious, hazardous threat to the safety of the public or to the safety of the persons or property upon the property or properties. The safety hazards must be described in detail and attested in writing by the applicant under penalty of perjury. An example of a serious safety hazard would be a landslide or an imminent landslide.

C. The existence of the right-of-way proposed for vacation poses an unreasonable hardship on the applicants if the vacation were not granted by the City. The instances of hardship must be described in detail and attested in writing by the applicant under penalty of perjury. An example of a hardship would be proof of substantial economic loss and/or unreasonable restraint against alienation if the vacation were not granted, and no other reasonable alternative exists such as issuance of an encroachment permit.

12.36.070 City Council procedure.
434
Ordinance No. _____ Page 5
The Director shall comply with the State law procedures for vacations, including without limitation the procedures set forth in the public streets, highways, and service easements vacation law (California Streets and Highways Code Sections 8300 and following). A public hearing is required before the City Council and the City Clerk shall cause legal notice to be provided. Notice shall include mailed notice to all properties within 300 feet of the right-of-way proposed to be vacated at least two weeks’ ahead of the public hearing date. Per the California Streets and Highways Code Section 8323 the legislative body shall conspicuously post notices of vacation along the line of the street, highway, or public service easement proposed to be vacated. The notices shall be posted not more than 300 feet apart, but at least three notices shall be posted. If the line of the street, highway, or public service easement proposed to be vacated exceeds one mile in length, the legislative body may, in lieu of posting not more than 300 feet apart, post notices at each intersection of another street or highway with the street, highway, or public service easement to be vacated and at one point approximately midway between each intersection, but at least three notices shall be posted. At the Director’s discretion, the City may combine several vacation applications and present them to the City Council in the same proceeding.

12.36.080 Findings required.

The City Council shall not adopt a resolution approving a vacation unless it finds as follows:

A. The right-of-way to be vacated, or portion thereof, is unnecessary for present or prospective public use.

B. The vacation conforms to the City’s General Plan, including the Mobility Chapter.

C. The vacation serves the public interests to a degree greater than if the private use of the right-of-way was conferred by encroachment permit.

D. The vacation has been reviewed in conformance with the California Environmental Quality Act and will have no environmental effects that adversely impact the public safety or welfare.

E. Adequate consideration has been offered in exchange for vacating the public’s interest in the affected right-of-way. The adequacy of the consideration is not limited to monetary remuneration and is to be determined on a case-by-case basis at the sole discretion of the City Council. The Council may consider such factors as the appraised value of the vacated right-of-way, the use which the applicant is to make of the vacated right-of-way, and whether the loss of the public’s interest in the vacated right-of-way is offset by the increase in the public’s welfare, health or safety attributable to the applicant’s combined use of the vacated right-of-way and the properties contiguous to it.
435
Ordinance No. _____ Page 6
F. On a case-by-case basis, the City Council may determine that the vacated right-of-way shall not be used by the applicant or its successor to satisfy any development or building requirements associated with the contiguous parcel or parcels, for example to increase the development potential of the contiguous parcel or parcels, such as an increase in floor area ratio or lot coverage.

G. The vacation shall not unreasonably interfere with the viability of the remaining right-of-way nor public service easements in proximity thereto.

H. In order to render any one or more of the findings in this section, the City Council may impose conditions upon the vacation, including without limitation the requirement of the applicant to pay compensation; the requirement that the applicant release and indemnify the City from liability, including environmental liability, and liability which may relate to neighboring properties; the requirement that the applicant maintain the vacated property; and the requirement that the vacation is subject to certain defined reservations and exceptions.

12.36.090 Record of vacation.

To the extent the City Council approves or conditionally approves the vacation, the decision shall be made by resolution and shall be recorded with the Riverside County Recorder together with any deeds or other instruments which may be required by law.

The property vacated shall not be considered surplus property of the City.”

12.36.100 Summary vacation authority.

A. The City Council may summarily vacate a street, or highway that has been superseded by relocation unless the vacation would (1) cut off all access to a person’s property, which prior to relocation adjoined the street or highway; or (2) terminate a public service easement unless the easement meets the criteria for summary vacation of a public service easement.

B. The City Council may summarily vacate when the street or highway has been impassable for vehicular travel for 5 years and no public money has been expended for maintenance during that period.

C. The City Council may summarily vacate an excess right-of-way of a street or highway if it is not required for street or highway purposes.

D. The City Council may summarily vacate a portion of a street or highway if this portion lies within property under one ownership and does not continue through such ownership or end touching the property of another.

E. The City Council may summarily vacate a street or highway pursuant to an agreement with the department of transportation pursuant to Streets and Highways Code Section 100.2 to close a street or highway at or near the point of its interception with a state freeway.
436
Ordinance No. _____ Page 7
F. The City Council may summarily vacate public service easements in any of the following circumstances:
a. The easement has not been used for the purpose for which it was dedicated or acquired for 5 consecutive years immediately preceding the proposed vacation;
b. The date of dedication or acquisition is less than 5 years, and more than 1 year, immediately preceding the proposed vacation, and the easement has not been used continuously since that date; or
c. The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.

G. The City Council shall not summarily vacate a street, highway, or public service easement if there are in-place public utility facilities that are in use and would be affected by the vacation.

12.36.110 Summary vacation procedure.

A. The City Council may summarily vacate a street or highway by adopting a resolution of vacation after a general plan consistency finding by the planning department pursuant to California Government Code Section 65402(a).

B. The City Council is not required to hold a public hearing to summarily vacate a street or highway.

C. The resolution of vacation must then be recorded in the Riverside County Recorder’s office. From the date of such recording the vacation will be complete, and the street or highway will no longer constitute a street.” SECTION 2. Severability. If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable.

SECTION 3. CEQA. The City Council hereby finds and determines that this Ordinance is exempt from CEQA pursuant to State CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that the Ordinance would not have the potential or possibility for causing a significant effect on the environment. Specifically, the proposed changes to the Municipal Code are primarily technical and administrative in nature. The Ordinance would codify procedures for vacating city rights-of-way or portions thereof. No construction is proposed and the amendments do not constitute any project approvals. In reviewing the Ordinance the City Council has exercised its independent judgment and has reviewed and considered the Ordinance in light of all testimony received, both oral and written. Therefore, based upon the entire administrative record, the City Council hereby determines that no further environmental review is required for the Ordinance. 437
Ordinance No. _____ Page 8
SECTION 4. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this Ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption.

ADOPTED ON ___________________, 2024.

KARINA QUINTANILLA
MAYOR
ATTEST:

ANTHONY J. MEJIA

CITY CLERK
438
Ordinance No. _____ Page 9
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on _________, 2024, and adopted at a regular meeting of the City Council held on __________, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ____________________.

ANTHONY J. MEJIA

CITY CLERK
439
440

CITY OF PALM DESERT
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760-346-0611
[email protected]

CITY OF PALM DESERT

PUBLIC HEARING NOTICE

NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE CITY

COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO CONSIDER ADOPTION OF AN ORDINANCE ADDING CHAPTER 12.36 TO THE PALM DESERT MUNICIPAL CODE

REGARDING PUBLIC RIGHT-OF-WAY VACATION PROCEDURES AND MAKING FINDINGS

UNDER THE CALIFORNIA ENVIRONEMNTAL QUALITY ACT (CEQA)
The City of Palm Desert (City), in its capacity as the Lead Agency for this project, has determined the action is exempt pursuant to CEQA Guidelines section 15061(b)(3).

PROJECT LOCATION: Citywide
PROJECT DESCRIPTION: The action to be considered is an ordinance which would add a chapter to the Palm Desert Municipal Code establishing procedures and requirements for vacating City rights-of-way, and public easements, or portions thereof.

PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Desert, California, will hold a Public Hearing on Thursday, October 10, 2024. The City Council meeting begins at 4:00 p.m. in the Council Chamber at 73510 Fred Waring Drive, Palm Desert, California.

Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting, allowing public access via teleconference or in person. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.palmdesert.gov/our-city/mayor-and-citycouncil-/city-council-meeting-information-center REVIEW OF PROJECT INFORMATION: Information concerning the proposed lease rate and licensing requires is available for review in the Office of the City Clerk at 73510 Fred Waring Drive, Palm Desert, California during regular business hours and on the City’s website at https://www.palmdesert.gov/our-city/mayor-and-city-council-/city-council-meeting-informationcenter COMMENT ON THIS APPLICATION: Response to this notice may be made as follows:

Written comments may be submitted to the City Council by letter to the address below or email at [email protected]. Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the City Council as soon as practicable and retained for the official record.

Si necesita ayuda con esta notificación, por favor llame a la Ciudad de Palm Desert y comuníquese con Gloria Sanchez (760) 346-0611 ext. 354
PUBLISH: THE DESERT SUN ANTHONY J. MEJIA, MMC, CITY CLERK September 27, 2024 CITY OF PALM DESERT, CALIFORNIA
441
442

Page 1 of 2 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: October 10, 2024
PREPARED BY: Richard D. Cannone, AICP, Development Services Director SUBJECT: INTRODUCTION OF AN ORDINANCE UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 2.18, BUILDING BOARD OF APPEALS

AND MAKING FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA)
RECOMMENDATION:

Hold a public hearing and introduce an ordinance entitled, “AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 2.18, BUILDING BOARD OF APPEALS AND MAKING FINDINGS UNDER CEQA.”
BACKGROUND/ANALYSIS:

A recent appeal of the Building Official’s application of the Building Code related to emergency egress, first to the Building Board of Appeals and then to the City Council, revealed an inconsistency regarding what can be appealed. The Building Board of Appeals is tasked with hearing appeals on decisions made by the Building Official; however, rules do not currently prohibit the appeal of a ministerial action or an action that does not involve the exercise of administrative discretion or personal judgment, as is the case with appeals that go directly to City Council.

To address this inconsistency and provide a general clean-up of PDMC Chapter 2.18, staff proposes the following revisions:

1. Clarify Appeal Procedures: The strict enforcement of a building code standard by the Building Official would no longer be appealable, as it does not involve discretion or personal judgement. This change would align the procedures with those for appeals that go directly to City Council.

2. Board Membership Requirement: Update the qualifications for board members to require a thorough understanding of the California Building Code and related city regulations and ordinances.

3. Clarify Decision Authority: Add a new section to clarify the following:
a. The Building Board of Appeals has no authority to waive requirements of any code, which is consistent with California Building Code Section 113.2. b. The Building Board of Appeals shall either approve, approve with modifications, or deny the appeal, and shall specify any conditions or limitations imposed. c. The decision of the Building Board of Appeals shall be final. A written decision shall be sent to the appellant, informing them that they may file an appeal with the California Building Standards Commission (CBSC) pursuant to California Administrative Code Section 1-303(a). This appeal procedure allows individuals to 443
City of Palm Desert
PDMC Chapter 2.18 – Building Board of Appeals

Page 2 of 2 ends

file an appeal directly to CBSC, independent of the City. The CBSC is not obligated to act on or consider the appeal and may choose to either review or reject it.

The proposed updates are consistent with what staff presented to City Council during the September 12, 2024, Study Session and have been incorporated into the draft ordinance provided as Attachment 1.

Legal Review:

This report has been reviewed by the City Attorney’s Office.

Environment Review:

The proposed Ordinance is exempt from further environmental review under CEQA pursuant to State CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the Ordinance would not have the potential or possibility for causing a significant effect on the environment. The Ordinance would update the building board of appeals requirements and procedures. No construction is proposed, and the amendments do not constitute any project approvals.

Public Input:

A ten-day public hearing notice for this item was posted in the Desert Sun newspaper on Friday, September 27, 2024. No comments have been received by City staff regarding this action.

FINANCIAL IMPACT:

There is no financial impact related to this action.

ATTACHMENTS:

1. Ordinance

2. Public Notice
444
ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF PALM DESERT, CALIFORNIA, UPDATING PALM
DESERT MUNICIPAL CODE CHAPTER 2.18, BUILDING

BOARD OF APPEALS AND MAKING FINDINGS UNDER
CEQA
WHEREAS, Palm Desert Municipal Code (“Municipal Code”), Chapter 2.18 establishes a Building Board of Appeals; and
WHEREAS, the Building Board of Appeals is created to hear and decide appeals of order, decisions, or determinations made by the Building Official relative to the application and interpretation of the California Building Code and City’s local building code; and
WHEREAS, City of Palm Desert (“City”) periodically reviews the Municipal Code to identify areas the need updating, clarification, and revisions in accordance with state law; and
WHEREAS, the City Council of the City of Palm Desert desires to enact the Ordinance to make such updates, clarifications, and revisions to the Municipal Code; and
WHEREAS, all other legal prerequisites to the presentation of this Ordinance have occurred.

THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES ORDAIN AS FOLLOWS:

SECTION 1. The Palm Desert Municipal Code Chapter 2.18 Building Board of Appeals is amended to read as follows:
“Chapter 2.18 Building Board of Appeals

2.18.010. Established.

The building board of appeals and condemnation ("building board") is hereby established for the City of Palm Desert ("City"). The provisions set forth in Chapter 2.34 of this code shall apply to this board, except as otherwise required by state law. If there is any conflict between this chapter and Chapter 2.34 of this code, the provisions of this chapter shall control.

2.18.020. Purpose.

The purpose of the building board of appeals is to conduct hearings that allow appellants to present evidence to reverse or amend a city official’s administrative decision regarding any matter covered by Title 15 of this code. The right to appeal applies when the objection involves the exercise 445
Ordinance No. _____ Page 2
of administrative discretion or personal judgment by the city official pursuant to any provisions of Title 15 of this code. This board will hear appeals related to the application of building standards, except where the city official’s decision is ministerial and involves the strict application of objective requirements and standards of this code and the California Building Code.

The building board may also ratify alternate materials and methods of construction that are not specifically recognized in the California Building Code.

2.18.030. Members.

The building board shall be comprised of five community members.

Members shall possess a thorough understanding of the California Building Code and related city regulations and ordinances.

2.18.040. Meetings/appeal hearings.

A. The building board meetings will be scheduled as needed when letters of appeal from building officer decisions are received.

B. The building board secretary shall collect letters of appeal and prepare an agenda for each meeting which shall be furnished to members prior to the meeting.

C. Requests for hearings must be scheduled at least ten days prior to such hearing.

D. If a party of any appeal intends to submit evidence, or legal argument, outside of the expertise of the building board, said party shall so inform the building board secretary in writing at the time the appeal is filed.

Failure to provide such information shall be cause to prohibit the presentation of such evidence or argument.

E. The building board shall be the judge of the qualifications of persons appearing as expert witnesses and shall be empowered to refuse to receive the testimony of any purported expert not so qualified.

2.18.050. Decisions.

A. In rendering its decision, the building board has no authority to waive requirements of any code (California Building Code Section 113.2.). The building board shall either approve, approve with modifications or deny the appeal, and shall specify any conditions or limitations imposed.

B. The decision of the building board shall be final. The written decision shall be sent to the appellant and shall provide that the appellant may file an appeal with the California Building Standards Commission pursuant to California Administrative Code Section 1-303(a).”
SECTION 2. If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it 446
Ordinance No. _____ Page 3
would have passed each section, subsection, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable.

SECTION 3. The City Council hereby finds and determines that this Ordinance is exempt from CEQA pursuant to State CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that the Ordinance would not have the potential or possibility for causing a significant effect on the environment. Specifically, the proposed changes to the Municipal Code are primarily technical and administrative in nature. The Ordinance would update the building board of appeals requirements and procedures.

No construction is proposed, and the amendments do not constitute any project approvals. In reviewing the Ordinance, the City Council has exercised its independent judgment and has reviewed and considered the Ordinance in light of all testimony received, both oral and written. Therefore, based upon the entire administrative record, the City Council hereby determines that no further environmental review is required for the Ordinance.

SECTION 4. The City Clerk of the City of Palm Desert, California, is hereby directed to publish a summary of this Ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption.

ADOPTED ON ___________, 2024.
_____________________

KARINA QUINTANILLA
MAYOR
ATTEST:
_____________________________
ANTHONY J. MEJIA

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:
447
Ordinance No. _____ Page 4
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ____________________. _________________________
ANTHONY J. MEJIA

CITY CLERK
448

C I T Y O F P A L M
D E S E R T 73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760-346-0611
[email protected]

CITY OF PALM DESERT

PUBLIC HEARING NOTICE

NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE CITY

COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO CONSIDER ADOPTION OF AN ORDINANCE UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 5.10, SHORT TERM

RENTALS AND MAKING FINDINGS UNDER CEQA
The City of Palm Desert (City), in its capacity as the Lead Agency for this project, has determined the action is exempt pursuant to CEQA Guidelines section 15061(b)(3).

PROJECT LOCATION: Citywide
PROJECT DESCRIPTION: The action to be considered is an ordinance which would update and clarify the procedures, requirements, and permitted locations of Short Term Rentals.

Palm Desert City CouncilOctober 10, 2024

Palm Desert City Council
October 10, 2024