Palm Desert City Council
December 11, 2025

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: December 11, 2025
PREPARED BY: Ryan Lamb, Senior Project Manager
SUBJECT: GRANT OF EASEMENT TO THE COACHELLA VALLEY WATER

DISTRICT FOR HAYSTACK ROAD CHANNEL IMPROVEMENTS
PROJECT (PROJECT NO. CDR00003)
RECOMMENDATION:

Authorize the City Manager to execute a Grant of Easement to the Coachella Valley Water District (CVWD) for an existing pipeline.

BACKGROUND/ANALYSIS:

The Haystack Road Channel Improvements project is a critical initiative aimed at improving flood control and enhancing the environmental integration of the channel.

On April 28, 2022, the City Council approved a contract for professional engineering and design services with Engineering Resources of Southern California (ERSC) to perform environmental studies and design the improvements.

While coordinating with local utility providers to ensure proper re-routing and/or protection of existing utilities passing through the channel, CVWD informed City staff that they had failed to obtain an easement for their existing pipeline adjacent to Portola Avenue.

CVWD offered to cover all costs to draft the documentation required for the easement. The Grant of Easement also stipulates that, should the City of Palm Desert ever decide to widen the Portola Bridge, CVWD will relocate the waterline at its expense.

The City Engineer has approved the Parcel Plat and Legal Description.

ENVIRONMENTAL ANALYSIS
The City previously adopted an Initial Study/Mitigated Negative Declaration (IS/MND) for the Haystack Stormwater Channel Rehabilitation Project (State Clearinghouse No. 2023090542) in accordance with the California Environmental Quality Act (CEQA). The proposed Grant of Easement to the Coachella Valley Water District is a minor administrative action that supports implementation of the approved project.

Pursuant to State CEQA Guidelines Section 15162, no subsequent or supplemental environmental document is required because: (1) No substantial changes to the approved project are proposed that would require major revisions to the adopted IS/MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) No substantial changes to the circumstances under which the project is undertaken have occurred that would involve new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and 637
City of Palm Desert
Grant CVWD Easement for Haystack Rd Channel Improvements

(3) No new information of substantial importance has become available that would trigger the need for additional environmental review.

The Grant of Easement formalizes CVWD’s legal access and rights to operate, maintain and repair an existing underground pipeline within the project area. Therefore, consistent with CEQA Guidelines Section 15162(b), no additional environmental review is required, and the adopted IS/MND remains the appropriate CEQA document for this action.

Legal Review:

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

FINANCIAL IMPACT:

There is no fiscal impact associated with this action.

ATTACHMENTS:

1. Grant of Easement

2. Legal Description

3. Parcel Plat
638
Exemption from recording fee per Govt.

Code §27383 and SB(2) fee per Govt. Code
§27388.1 (a)(2)(D) executed or recorded by
the State or any county, municipality, or other
political subdivision of the state
Rev. & Tax Code § 11922

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

COACHELLA VALLEY WATER DISTRICT
Post Office Box 1058
Coachella, California 92236
____________________________________________________________________________________ APN: 630-250-050 (Space above this line is for Recorders use) FILE: 0421.2 Haystack TRA: 018-006 0655.

DTT: -0-

G R A N T O F E A S E M E N T
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged CITY OF PALM DESERT, a California municipal corporation (“Grantor”) hereby grants to COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California (“Grantee”), and its successors and assigns, a perpetual, nonexclusive easement and right-of-way to install, construct, enlarge, survey, reconstruct, remove and replace, operate, maintain, repair, improve and relocate underground pipeline(s) and necessary devices and appurtenances thereto (“Pipeline(s)”) in, on, over, under, along and across that certain real property in the County of Riverside, State of California, described in Exhibit “A” and depicted on Exhibit “B” attached hereto (such rights being described hereafter as the “Easement” and the area affected thereby, the “Easement Area”).

The Pipeline(s) may be installed pursuant to this Easement at different times and over a period of time.

The Pipeline(s) and every part thereof shall, where it crosses Grantor’s property of which the Easement Area is a part (“Grantor’s Property”) be confined to the Easement Area and shall be constructed by Grantee with sufficient ground cover (i.e., distance between ground surface and top of Pipeline(s)) as shown on the construction plans for the Pipeline(s). The ground cover shall not be changed by any party other than Grantee.

Fixtures and appurtenances used or useful in the operation of the Pipeline(s) may be constructed any distance either below or above the ground surface.

The Easement includes (a) the right to enter Grantor’s Property to survey, construct, reconstruct, lay, relay, maintain, operate, control, use and remove the Pipeline(s), fixtures, appurtenances, and to remove objects interfering with the construction, operation and maintenance thereof; and (b) a reasonable right of access across Grantor’s Property to and from the Easement Area for the purpose of exercising the rights granted herein.

Grantee shall, at Grantee’s sole cost and expense, maintain any improvements constructed or installed thereon by Grantee or associated with Grantee’s use of the Easement Area.

Grantor reserves the right to occupy and use Grantor’s Property for any purpose not inconsistent with the rights and privileges above granted and which will not interfere with or endanger the Pipeline(s) or the use thereof.

Grantee shall use due care in the construction, operation and maintenance of the Pipeline(s).

Grantor expressly reserves the right to require Grantee, at the expense of Grantee, to remove and relocate all improvements placed by Grantee upon said easement area upon determination by Grantor that said improvements interfere with the future use or development of Grantor's real property, including the expansion of Portola Avenue or any bridge relating thereto.
639
Grantee shall indemnify and defend Grantor, its officers, employees and agents and save them harmless from any and all liability, loss, costs, or obligations on account of, or arising out of, any such injury or losses caused or claimed to be caused by the exercise of the Easement or use of the Easement Area by Grantee, however occurring, other than those caused solely by the willful or negligent acts or omissions of Grantor. [SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Doc. No. 050629-4-069
640

GRANTOR

CITY OF PALM DESERT
Date _______________________________ By __________________________________

Its __________________________________
Doc. No. 050629-4-069
ENG RW-004
(Rev. 3/21/24)
641
[Signature Page to Grant of Easement]
642

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF ___________________ )
) ss
COUNTY OF _________________ )
On , before me, ,
Notary Public, personally appeared
______________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of _______________ that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: (Seal)
643
644
645
646
647
648

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: December 11, 2025
PREPARED BY: Austin Yaple, Deputy Director of Finance
SUBJECT: RESOLUTION MAKING CERTAIN FINDINGS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 66000-66008

RELATING TO THE DEVELOPMENT IMPACT FEES ANNUAL REPORT
FOR THE FISCAL YEAR ENDED JUNE 30, 2025
RECOMMENDATION:

Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, REVIEWING AND ACCEPTING THE ANNUAL DEVELOPMENT IMPACT FEE DISCLOSURE REPORT FOR THE CITY’S VARIOUS DEVELOPMENT IMPACT

FEES AND MAKING FIVE-YEAR FINDINGS REGARDING THE CONTINUING NEED FOR UNEXPENDED BALANCES OF IMPACT FEES AS OF JUNE 30, 2025, PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 66001.”
BACKGROUND/ANALYSIS:

AB 1600 (Statutes of 1998, Mitigation Fee Act), codified as Section 66000 et seq. of the California Government Code (Code), regulates how public agencies collect, maintain, and spend impact fees imposed on developers for the purpose of defraying costs of public facilities. It includes requirements for accounting, spending, and annual reporting of fees and related interest earnings, as well as for findings or refunds if fees remain unspent for five or more years after receipt.

Section 66006(b)(1) includes specific reporting requirements for each separate account or fund established pursuant to the Code, and the local agency shall, within 180 days after the last day of each fiscal year, make certain information available to the public for compliance. The attached resolution and report (Exhibit A to the resolution), prepared for the fiscal year ending June 30, 2025, provide the information required by the Code, including the beginning and ending balances by fund, as well as any changes that occurred during the year. The report also provides the amount of fees, interest, other income, expenditures, loans, and proposed projects. Based on the findings, no refunds were required during the reported fiscal year.

The City Council must review the annual report and make findings at a public meeting held not less than fifteen days after the information is made available to the public. This report was filed with the City Clerk’s office and is available for public review on November 25, 2025. A draft of the report was also provided to the local Desert Valleys Builders Association and Riverside BIA.

Legal Review:

This report has been reviewed by the City Attorney’s Office. 649
City of Palm Desert
Development Impact Fees Annual Report

FINANCIAL IMPACT:

There is no fiscal impact from filing the report and its findings.

ATTACHMENTS:

1. Resolution

2. Exhibit A to Resolution – FY 2024-25 Developer Fee Reports

3. Capital Improvement Program Budget for FY 2025-26 to FY 2029-30 650
RESOLUTION NO. 2025-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,

CALIFORNIA, REVIEWING AND ACCEPTING THE ANNUAL DEVELOPMENT IMPACT FEE DISCLOSURE REPORT FOR THE CITY’S VARIOUS

DEVELOPMENT IMPACT FEES AND MAKING FIVE-YEAR FINDINGS

REGARDING THE CONTINUING NEED FOR UNEXPENDED BALANCES OF IMPACT FEES AS OF JUNE 30, 2025, PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 66001
WHEREAS, Government Code Sections 66000 through 66008 (known as and referenced to herein as “AB1600”) regulate the imposition, collections, maintenance, expenditure and reporting of impact fees imposed on developers for the purpose of defraying costs of public facilities; and
WHEREAS, the City of Palm Desert (“City”) has established, adopted, and imposed Housing Mitigation Fees, Child Care Facility Fees, New Construction Fees, Drainage Facility Fees, Park & Recreation Fees, Traffic Signalization Fees, and Fire Facility Fees (collectively the “Fees”); and
WHEREAS, in accordance with the provisions of AB1600, the City has set up separate special revenue funds for each type of Fee the City imposes (each a “Fund” and collectively the “Funds”), crediting earned interest to those Funds, and spending the accumulated Fees and related interest on appropriate expenditures; and
WHEREAS, the City has made available to the public within one hundred eighty (180) days following the last day of the fiscal year the annual development impact fee disclosure report (“Annual Report”) required by AB1600 related to each of the Fees which also includes the FiveYear Reports with respect to each of the Fees; and WHEREAS, the City has mailed notice at least fifteen (15) days prior to this meeting to all interested parties who have requested notice of any meeting relative to the City’s imposition of the Fees and has held a duly noticed, regularly scheduled public meeting at which oral and written testimony was received regarding the Annual Report and the Five-Year Reports at least fifteen (15) days after the City made this information publicly available; and WHEREAS, the City Council desires to accept the Annual Report, including the Five-Year Reports and to make the necessary findings required by law, with respect to the unexpended Fees.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT RESOLVES, FINDS, DECLARES AND DETERMINES AS FOLLOWS:

Section 1. The City finds that all of the foregoing recitals are true and correct and are hereby incorporated and adopted as findings and determinations by the City Council as if fully set forth herein.

Section 2. In accordance with Government Code Section 66006(b), the City Council has reviewed and approves the Annual Report regarding each of the Fees, which is attached to this 651
Resolution No. 2025-_____

Resolution and is incorporated herein by this reference, and is also placed on file with the City Clerk. The City Council, based upon the information contained in the Annual Report and the remaining need for the unexpended Fees, finds as follows:
a. The Annual Report describes the types of Fees contained in each Fund, including the amount of the Fees, the beginning and ending balances of each Fund that has been established for each Fee, as well as the amount of Fees collected, and the interest earned thereon; and
b. The Annual Report identifies each public improvement on which the Fees were expended, the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the Fees; and c. Sufficient Fees have not been collected to complete the financing of the various incomplete public improvements; and
d. There have been no interfund transfers or loans made from any of the Funds; and
e. There have been no refunds made from the Funds.

Section 3. The City has identified Fees collected from developers that are subject to AB1600’s requirements. Those funds are:
 Housing Mitigation Fee (Fund 214)
 Child Care Facility Fee (Fund 228)
 New Construction Fee (Fund 231)
 Drainage Facility Fee (Fund 232)
 Park & Recreation Fee (Fund 233)
 Traffic Signalization Fee (Fund 234)
 Fire Facility Fee (Fund 235)
Section 4. In accordance with Government Code Section 66001(d), the City Council has reviewed the Five-Year Report sections included in the Annual Report for each of the Funds. The City Council finds, based on the information in the Five-Year Report sections, as follows:
a. Pursuant to Government Code Subsection 66001(d)(1)(A), the Five-Year Report identifies the purpose to which all unexpended Fees, whether committed or uncommitted, will be put; and
b. Pursuant to Government Code Subsection 66001(d)(1)(B), the Five-Year Report demonstrates, for each Fee, a reasonable relationship between the unexpended fees contained in each Fund and the purposes to which such Fees will be put; and c. Pursuant to Government Code Subsection 66001(d)(1)(C), the Five-Year Report identifies all sources and amounts of funding anticipated to complete financing of incomplete improvements or projects for each Fund; and
d. Pursuant to Government Code Subsection 66001(d)(1)(D), the Five-Year Report identifies the approximate dates upon which the funding for such incomplete improvements or projects will be deposited into each Fund; and 652
Resolution No. 2025-_____

e. There remains unexpended Fees in each Fund which are still necessary to complete the purposes for which the Fees were collected.

Section 5. These findings are based on the information provided in the City’s Annual Report, the City’s annual operating budget, and the Capital Improvement Program for Fiscal Year 2025-2026 to 2029-2030, which each are incorporated herein by this reference.

Section 6. Pursuant to these findings, and at this time, there shall not be a refund of any unexpended Fees.

Section 7. If any section, subsection, subdivision, sentence, clause, or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

Section 8. This Resolution shall be effective immediately upon its adoption.

PASSED, APPROVED AND ADOPTED at the regular meeting of the Palm Desert City Council held on this 11th day of December 2025, by the following vote, to wit:

ADOPTED ON ________________, 2025.

JAN C. HARNIK
MAYOR
ATTEST:

ANTHONY J. MEJIA

CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2025-__ 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
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EXHIBIT A
1) A brief description of the type of fee in the account or fund. 2) The amount of the fee.
3) The beginning and ending balance of each account or fund. 4) The amount of the fees collected and the interest earned.

The Development fee programs included in this report are the following:

Section A – Housing Mitigation Fee (Fund 214)
Section B – Child Care Facility Fund (Fund 228)
Section C – New Construction Tax Fee (Fund 231)
Section D – Drainage Facility Fee (Fund 232)
Section E – Park & Recreation Fee (Fund 233)
Section F – Traffic Signalization Fee (Fund 234)
Section G – Fire Facility Fund (Fund 235)
6) An identification of an approximate date by which the construction of the public improvement(s) will commence if the County determines that sufficient funds have been collected to complete financing of an incomplete public improvement(s), and the public improvement(s) remains incomplete.
7) A description of each interfund transfer or loan made from the account or fund, if any, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the interest rate that the account or fund will receive on the loan. 8) The amount of refunds made due to sufficient funds being collected to complete financing on incomplete public improvements, and the amount of reallocation of funds made due to administrative costs of refunding unexpended revenues exceeding the amount to be refunded.

The City's Five Year Capital Improvement Program Budget is attached as a reference to future projects using existing cash balances for FY 2025-2026 through 2029-2030

CITY OF PALM DESERT

DEVELOPMENT IMPACT FEE ANNUAL REPORT
FISCAL YEAR 2024-2025
This report contains certain information required to be filed annually by the City of Palm Desert (the “City”) in accordance with the Mitigation Fee Act, commencing with Section 66000 of the California Government Code. The reporting requirements set forth in the Mitigation Fee Act (the “Act”) are applicable to the impact fees imposed on new development in the City. The Act requires that a public agency, on an annual basis, make available to the public within 180 days after the last day of each fiscal year the following information for the past fiscal year:
5) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. 11/25/2025655
Section A– Housing Mitigation Fee (Fund 214)
Brief description of the type of fee in the fund:

Part I – Fund Balance, Revenue, Interest, Expenditures, Ending Balance 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025
Beginning Balance 3,489,660 $ 3,575,892 $ 3,547,149 $ 3,155,944 $ 3,110,693 $ Developer Fees 85,098 $ 27,247 $ 55,521 $ 31,800 $ 26,079 $ Interest Income 25,560 $ 18,355 $ 89,987 $ 139,792 $ 153,722 $ Gain (Loss) on Fair Value-GASB 31 (17,336) $ (68,100) $ 27,622 $ 29,749 $ 15,531 $ $ (22,498) 93,322 $ 173,129 $ 201,341 $ 195,332 $
HCD Grant
Loan Proceeds - $ 30,000 $ 30,000 $ 30,000 $ - $
Interest on Loan - $ 12,802 $ 8,467 $ 1,000 $ 3,900 $
Expenditures (7,090) $ (49,048) $ (602,802) $ (277,592) $ (65,000) $ (a) Transfers out - $ - $ - $ - $ - $
Ending Fund Balance $ 3,575,892 $ 3,547,149 $ 3,155,944 $ 3,110,693 $ 3,244,925 (a) FY24-25 Expenditure Details:

CVHC - MERLE DR PROJECT CLOSEOUT 65,000 $
Total : $ 65,000
Transfers or Loans:

There have been no interfund transfers or loans made from the fund for this reporting period.

Refunds:

There have been no refunds made during this reporting period.

Part II – Compliance with expending funds within 5 years Five Year Revenue Test Using First In First Out
2020-2021 2021-2022 2022-2023 2023-2024 2024-2025
Current 93,322 $ (22,498) $ 173,129 $ 201,341 $ 195,332 $ Prior Year (2-Yrs Old) 385,617 $ 93,322 $ (22,498) $ 173,129 $ 201,341 $ Prior Year (3-Yrs Old) 196,258 $ 385,617 $ 93,322 $ (22,498) $ 173,129 $ Prior Year (4-Yrs Old) 65,574 $ 196,258 $ 385,617 $ 93,322 $ (22,498) $ Prior Year (5-Yrs Old) 258,212 $ 65,574 $ 196,258 $ 385,617 $ 93,322 $ Greater Than 5 Prior FY 1,778,705 $ 1,987,870 $ 1,450,642 $ 1,369,308 $ 1,689,925 $ Ending Balance $ 2,777,689 $ 2,706,143 $ 2,276,471 $ 2,200,220 $ 2,330,552 Exclude Loan Proceeds 716,699 $ 746,699 $ 776,699 $ 806,699 $ 806,699 $ (1) Exclude Interest on Loan 81,505 $ 94,307 $ 102,774 $ 103,774 $ 107,674 $ (1) Exclude HCD grant - $ - $
Ending Balance $ 3,575,892 $ 3,547,149 $ 3,155,944 $ 3,110,693 $ 3,244,925 Public Improvements to be Constructed:

FY 2025-2026
Budgeted
Expenditure
Future Years
Commitments
Total
Commitments
% Funded with
Dev. Fee
Funding
Available
Date
Sands Apartments 200,000 $ - $ 200,000 $ 100% July 2025 ARC Village Development (1.84 Acre Affordable Dev) $ - 600,000 $ 600,000 $ 100% July 2025 45653 Portola (2-Single Family Homes Afford. Dev) $ - 600,000 $ 600,000 $ 100% July 2025 Portola Palms MH Park (2-Single Family Homes Afford. Dev) $ - 550,000 $ 550,000 $ 100% July 2025 170 Acre Affordable Dev 999,200 $ 750,000 $ 1,749,200 $ 100% July 2025 Homebuyer Subsidies (BEGIN Prog.) $ 477,405 318,270 $ 795,675 $ 100% July 2025 $ 3,267,470 $ 1,227,405 $ 4,494,875
(1) Loan proceeds and interest from loans are program funds and are used to fund Homebuyer subsidies for programs meeting the requirements.

The City's Five Year Capital Improvement Program Budget is attached as a reference to future projects using existing cash balances for FY 2025-2026 through 2029-2030
The Housing Mitigation Fee is used to mitigate the low-income housing impacts caused by commercial and industrial development. The fee is used to help construct or provide low-income housing assistance to employees, working within the juridictional boundaries of the city, with affordable housing. The fee is based on: $1/sq. ft. – Commercial; $0.33/sq. ft. – Industrial; $0.40/sq. ft. – Professional; $1,000/room – Resort Hotel; $620/Room Non-Resort.

Affordable Housing Projects
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Section A– Housing Mitigation Fee (Fund 214) - continued Five Year Findings
Purpose of the Fee:

The Relationship Between the Fee and Purpose:

Sources, Amounts, and Dates of Funding Anticipated to Complete Financing:

For the FY 2024-25 fiscal year, the city has budgeted for contributions from the Housing Mitigation Fund to fund multiple affordable housing projects. Included in these projects are the Sands Apartments, the ARC Village Development, homes at 45653 Portola, the Portola Palms Mobile Home Park, and a collection of subsidies provided through the BEGIN program.

Additionally, in future years, the city intends to utilize these funds in a contribution to a 170-acre affordable housing development.

This fee is being collected for the purpose of subsidizing housing costs as part of the City's program to provide affordable housing for low and very low income households that have at least one employee working within the jurisdictional boundaries of the City.

Non-residential development within the City boundaries creates employment opportunities. The jobs created also create the need for additional residential development to locally house the employees that will fill these roles. Affordable housing is a known issue throughout the nation and the State of California. Therefore, new non-residential development pays a housing mitigation fee to help provide affordable housing to eligible low income families. 657
Section B – Child Care Facility Fee (Fund 228)
Brief description of the type of fee in the fund:

Part 1 – Fund Balance, Revenue, Interest, Expenditures, Ending Balance 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025
Beginning Balance 1,479,283 $ 1,549,239 $ 673,863 $ 769,068 $ 867,074 $ Developer Fees $ 32,945 66,213 $ 71,412 $ 54,200 $ 47,660 $ Interest Income $ 6,823 10,992 $ 19,416 $ 37,459 $ 43,924 $ Gain (Loss) on Fair Value-GASB 31 $ (15,143) (7,249) $ 4,377 $ 6,347 $ 4,413 $ $ 24,624 69,956 $ 95,204 $ 98,006 $ 95,997 $
Expenditures - $ (900,000) $ - $ - $ - $
Transfers out - $ - $ - $ - $ - $
Ending Fund Balance $ 1,549,239 $ 673,863 $ 769,068 $ 867,074 $ 963,071 Transfers or Loans:

There have been no interfund transfers or loans made from the fund for this reporting period.

Refunds:

There have been no refunds made during this reporting period.

Part II – Compliance with expending funds within 5 years Five Year Revenue Test Using First In First Out
2020-2021 2021-2022 2022-2023 2022-2023 2024-2025
Current 69,956 $ 24,624 $ 95,204 $ 98,006 $ 95,997 $
Prior Year (2-Yrs Old) 82,685 $ 69,956 $ 24,624 $ 95,204 $ 98,006 $ Prior Year (3-Yrs Old) 63,771 $ 82,685 $ 69,956 $ 24,624 $ 95,204 $ Prior Year (4-Yrs Old) 59,452 $ 63,771 $ 82,685 $ 69,956 $ 24,624 $ Prior Year (5-Yrs Old) 76,387 $ 59,452 $ 63,771 $ 82,685 $ 69,956 $ Greater Than 5 Prior FY 1,196,989 $ 373,376 $ 432,828 $ 496,599 $ 579,283 $ Ending Balance $ 1,549,239 $ 673,863 $ 769,068 $ 867,074 $ 963,071 Public Improvements to be Constructed:

Future Years
Commitments
Total
Commitments
% Funded with
Dev. Fee
Funding
Available Date
Wallaroo Childcare Center 963,071 $ 1,000,000 $ 100% July 2025 In-Home Childcare Services & Existing Daycare Center Improvements - - $ 100% July 2026 $ 963,071 $ 1,000,000
Five Year Findings
Purpose of the Fee:

The Relationship Between the Fee and Purpose:

The City of Palm Desert is interested in providing funding, through impact fees for new child care homes and centers, in order to meet some of the child care demand generated by employees and commercial uses in the City. A nexus study was prepared and approved by the City Council in August 2005. Annually, the City considers projects and any applicable budget requests to use these funds to create new facilities and equipment.

The City's Five Year Capital Improvement Program Budget is attached as a reference to future projects using existing cash balances for FY 2025-2026 through 2029-2030
This fee is being collected for the purpose of funding new child care homes and centers in order to meet growing demand for child care generated by employees and commercial uses within the city. It is envisioned that the City will partner with local child care providers and non-profits to provide funding to increase the supply of child care spaces in the City.

Non-residential development within the City boundaries creates employment opportunities. In order to attract and retain highly skilled workers and their families, the City must have a variety of quality and affordable child care options. The quality and affordability of child care is a known issue in the Coachella Valley, as desirable facilities have long wait lists and there are no corporate child care centers in the entire Coachella Valley. Therefore, new non-residential development pays a child care impact fee to help support the City's effort to provide local providers and non-profits with funds to help increase the supply of child care spaces in Palm Desert.

In FY 2021-22, the City entered into an operating covenant with Bermuda Dunes Learning Center to use $900,000 to make improvements to accomodate 150 spaces for toddlers, preschoolers, and elementary-age children at 47549 Highway 74, south of St. Margaret's Episcopal Church.
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Section B – Child Care Facility Fee (Fund 228) - continued Sources, Amounts, and Dates of Funding Anticipated to Complete Financing:

The City is retaining developer fees currently held in the Child Care Facility Fund in anticipation of another request for funding by the end of 2024. The City is currently working with developers to rehabilitate the site previously known as the Wallaroo Childcare Center, and intends to utilize these funds for the project. 659
Section C – New Construction Fee (Fund 231)
Brief description of the type of fee in the fund:

Part 1 – Fund Balance, Revenue, Interest, Expenditures, Ending Balance 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025
Beginning Balance 1,530,265 $ 1,078,652 $ 1,452,348 $ 1,578,844 $ 1,933,955 $ Developer Fees $ 326,092 121,564 $ 518,442 $ 265,447 $ 164,382 $ Interest Income $ 2,094 5,444 $ 43,369 $ 81,376 $ 89,890 $ Gain (Loss) on Fair Value-GASB 31 $ (35,864) - $ 9,116 $ 14,199 $ 9,079 $ $ 292,321 127,009 $ 570,927 $ 361,022 $ 263,350 $
CVAG-Reimbursed CV Link Project $ 1,681,840 5,141,123 $ - $ - $ - $ Expenditures (5,719,745) $ (1,600,466) $ (444,430) $ (5,911) $ (329,927) $ (a) Write-off Advance to RDA - $ - $ - $ - $
Ending Fund Balance 1,078,652 $ 1,452,348 $ 1,578,844 $ 1,933,955 $ 1,867,378 $ Exclude Advance to RDA write-off: (130,800) $ (130,800) $ - $ - $ - $ Ending Balance of available Revenue: $ 947,852 $ 1,321,548 $ 1,578,844 $ 1,933,955 $ 1,867,378 (a) FY24-25 Expenditure Details: AMOUNT
AMERICAN ASPHALT - CV LINK ENHANCEMENTS$ 329,927
Total : $ 329,927
Transfers or Loans:

There have been no interfund transfers or loans made from the fund for this reporting period.

Refunds:

There have been no refunds made during this reporting period.

Part II – Compliance with expending funds within 5 years Five Year Revenue Test Using First In First Out
2020-2021 2021-2022 2022-2023 2023-2024 2024-2025
Current (4,193,270) $ (360,292) $ 570,927 $ 361,022 $ 263,350 $ (1) Prior Year (2-Yrs Old) - $ - $ 292,321 $ 570,927 $ 361,022 $ Prior Year (3-Yrs Old) - $ - $ 127,009 $ 292,321 $ 570,927 $ Prior Year (4-Yrs Old) - $ - $ 197,573 $ 127,009 $ 292,321 $ Prior Year (5-Yrs Old) - $ - $ 209,396 $ 197,573 $ 127,009 $ Greater Than 5 Prior FY - $ - $ 181,618 $ 385,103 $ 252,749 $ Ending Balance $ (4,193,270) $ (360,292) $ 1,578,844 $ 1,933,955 $ 1,867,378 CVAG- Reimburse CV Link $ 1,681,840 5,141,123 $ - $ - $ - $ Tie to ending balance on Fund Balance $ 947,853 $ 1,321,548 $ 1,578,844 $ 1,933,955 $ 1,867,378 The New Construction Fee is used for acquisition and development of public facilities like playgrounds, public structures, and street improvements. Annually, the City Council approves a five-year Capital Improvement Program budget that reflects current projects along with future committed projects utilizing these fees. The fee is based on: Industrial Buildings $0.05/sq. ft.; Residential units $0.40/sq. ft.; all other development $0.40/sq. ft.
(1) CVAG reimburses 100% of the CV Link project cost, excluding project design. The negative amount shown in FY 20-21 and FY21-22 is before the CVAG reimbursement received.

Note: Not include interest on Advance
660
Section C – New Construction Fee (Fund 231) - continued Public Improvements to be Constructed:

Future Years
Commitments
Total
Commitments
% Funded
with Dev. Fee
Funding
Available
Date
Cooperative
Agreement
North Sphere Flood Control - $ 1,000,000 $ 100% July 2025 $ 3,500,000 3,500,000 $ 53% July 2027
CVAG to
reimburse
100% of cost
$ 3,500,000 $ 4,500,000
Five Year Findings
Purpose of the Fee:

The Relationship Between the Fee and Purpose:

Sources, Amounts, and Dates of Funding Anticipated to Complete Financing:

The City's Five Year Capital Improvement Program Budget is attached as a reference to future projects using existing cash balances for FY 2025-2026 through 2029-2030 This fee is being collected for the acquisition and development of public facilities like playgrounds, public structures, and street improvements.

New construction in the City creates a need for additional public facilities, structures, and street improvements. When new construction occurs, a new construction fee is paid to provide the city with funding to accommodate the addition of more homes and residents through more public facilities and streets.

Funds in the New Construction Tax Fund are expected to be fully expended through the completion of the CV Link Hovley Connectors and CV Link enhancements by the end of FY 2027-28. CV Link Hovley Connectors and CV Link enhancements also tie into the project known as "PD Link," which is designed to connect the CV Link with restaurants and attractions specific to the City of Palm Desert.

CV Link Hovley Connector
661
Section D – Drainage Facility Fee (Fund 232)
Brief description of the type of fee in the fund:

Part 1 – Fund Balance, Revenue, Interest, Expenditures, Ending Balance 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025
Beginning Balance 664,009 $ 707,674 $ 740,536 $ 897,347 $ 852,234 $ Developer Fees $ 61,455 $ 43,295 $ 132,022 $ 54,470 $ 146,635 Interest $ 5,247 $ 3,800 $ 22,836 $ 40,642 $ 47,250
Gain (Loss) on Fair Value-GASB 31 $ (3,563) $ (14,233) $ 4,352 $ 7,499 $ 4,751 $ 63,139 $ 32,862 $ 159,211 $ 102,611 $ 198,636
Reimbursed from CVAG $ - $ - $ - $ -
Reimbursed from RDA - $ - $ - $ - $
Expenditures (19,474) $ - $ (2,400) $ (147,724) $ (11,718) $ (a) Transfers out - $ - $ - $ - $
Ending Fund Balance $ 707,674 $ 740,536 $ 897,347 $ 852,234 $ 1,039,151 (a) FY24-25 Expenditure Details: AMOUNT
VAN DYKE CO - SECTION 29 RET. BASIN IMPROVEMENTS $ 6,133 ANSER ADVISORY - SECTION 29 RET. BASIN IMPROVEMENTS $ 5,585 Total : $ 11,718
Transfers or Loans:

There have been no interfund transfers or loans made from the fund for this reporting period.

Refunds:

There have been no refunds made during this reporting period.

Part II – Compliance with expending funds within 5 years Five Year Revenue Test Using First In First Out
2020-2021 2021-2022 2022-2023 2023-2024 2024-2025
Current 63,139 $ 32,862 $ 159,211 $ 102,611 $ 198,636 $ Prior Year (2-Yrs Old) 38,435 $ 63,139 $ 32,862 $ 159,211 $ 102,611 $ Prior Year (3-Yrs Old) 83,460 $ 38,435 $ 63,139 $ 32,862 $ 159,211 $ Prior Year (4-Yrs Old) 29,182 $ 83,460 $ 38,435 $ 63,139 $ 32,862 $ Prior Year (5-Yrs Old) 48,726 $ 29,182 $ 83,460 $ 38,435 $ 63,139 $ Greater Than 5 Prior FY $ 287,988 239,262 $ 314,770 $ 250,506 $ 277,222 $ Ending Balance $ 502,204 $ 535,066 $ 691,876 $ 646,763 $ 833,681 Exclude Reimbursement:

Reimbursed from CVAG 105,235 $ 105,235 $ 105,235 $ 105,235 $ 105,235 $ Reimbursed from RDA 100,235 $ 100,235 $ 100,235 $ 100,235 $ 100,235 $ Tie to ending balance on Fund Balance $ 707,674 $ 740,536 $ 897,346 $ 852,234 $ 1,039,151 Public Improvements to be Constructed:

FY 2025-2026
Budgeted
Expenditure
Future Years
Commitments
Total
Commitments
% Funded
with Dev. Fee
Funding
Available Date
$ 1,000,000 175,000 $ 1,175,000 $ 100% July 2025
Haystack Channel Rehabilitation 500,000 $ - $ 500,000 $ 13% July 2025 $ 675,000 $ 1,000,000 $ 1,675,000
Catch Basin & Drain Cleaning Program
The Drainage Facility Fee is used for the drainage needs created by the development and adjoining streets to a project.

The City has adopted a master drainage plan which gets modified as new development occurs. In addition, the City's Capital Improvement Program budget includes both current and future projects planned for use of the fees connected to the various development projects. Fees are based on which drainage map zone they reside within: Zone 1 fee is $4,000; Zone 2 is $1,000; Zone 3 is $1,000; Zone 4 is $1,000. The map is available in the Public Works Department upon request.

The City's Five Year Capital Improvement Program Budget is attached as a reference to future projects using existing cash balances for FY 2025-2026 through 2029-2030
662
Section D – Drainage Facility Fee (Fund 232) - continued Five Year Findings
Purpose of the Fee:

The Relationship Between the Fee and Purpose:

Sources, Amounts, and Dates of Funding Anticipated to Complete Financing:

Project Funding Sources Funding %
Catch Basin & Drain Cleaning Program Drainage Fees 100% Haystack Channel Rehabilitation Drainage Fees 13%
Capital Drainage Funds 87%
June 2025
June 2025
June 2025
This fee is being collected for the purpose of ensuring developments within the city are properly connected to drainage and in compliance with the City's drainage master plan. The cost of drainage installation projects requires fund balances to be accumulated prior to implementing the capital budget and must also be timed with other improvements occurring around these capital projects.

To protect homes and businesses from potential flooding, the City has established a master drainage plan that is updated for new development. Additional non-residential development within the City boundaries creates employment opportunities, which in turn creates a need for additional housing and businesses in the City. When new homes or businesses are created, the City must adjust its master drainage plan and add in new areas that may not have been a drainage concern in the past. Therefore, new non-residential development pays a drainage facility fee to support the additional drainage needs caused by added employment, housing and business.

Expected Funding
663
Section E– Park & Recreation Fee (Fund 233)
Brief description of the type of fee in the fund:

Part 1 – Fund Balance, Revenue, Interest, Expenditures, Ending Balance 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025
Beginning Balance $ 1,588,447 $ 1,599,065 $ 1,708,631 $ 1,630,268 $ 1,789,896 Developer Fees $ 133,411 10,443 $ 70,597 $ 427,547 $ 327,467 $ Refund Developer Fees - $ - $ - $
Interest $ 11,526 $ 8,620 $ 48,195 $ 76,434 $ 101,886
Gain (Loss) on Fair Value-GASB 31 (8,102) $ (32,465) $ 11,599 $ 15,917 $ 10,135 $ $ 109,566 13,867 $ 130,391 $ 519,899 $ 439,488 $
Expenditures (3,249) $ - $ (208,754) $ (360,272) $ (134,960) $ (a) Transfers out - $ - $ - $ - $
Ending Fund Balance $ 1,599,065 $ 1,708,631 $ 1,630,268 $ 1,789,896 $ 2,094,423 Exclude Insurance reimb:

Insurance reimb. playground (33,570) $ (33,570) $ (33,570) $ (33,570) $ (33,570) $ Reimburse playground equipment (164,713) $ (164,713) $ (164,713) $ (164,713) $ (164,713) $ Insurance reimb. damage (159,113) $ (159,113) $ (159,113) $ (159,113) $ (159,113) $ SARDA reimb shade structure (15,896) $ (15,896) $ (15,896) $ (15,896) $ (15,896) $ Ending Balance $ 1,225,773 $ 1,335,339 $ 1,256,976 $ 1,416,604 $ 1,721,131 (a) FY24-25 Expenditure Details: AMOUNT
INTERWEST - NORTH PALM DESERT PARK $ 134,960
Total : $ 134,960
Transfers or Loans:

There have been no interfund transfers or loans made from the fund for this reporting period.

Refunds:

There have been no refunds made during this reporting period.

Part II – Compliance with expending funds within 5 years Five Year Revenue Test Using First In First Out
2020-2021 2021-2022 2022-2023 2023-2024 2024-2025
Current 13,867 $ 109,566 $ 130,391 $ 519,899 $ 439,488 $ Prior Year (2-Yrs Old) 41,101 $ 13,867 $ 109,566 $ 130,391 $ 519,899 $ Prior Year (3-Yrs Old) 291,909 $ 41,101 $ 13,867 $ 109,566 $ 130,391 $ Prior Year (4-Yrs Old) 34,936 $ 291,909 $ 41,101 $ 13,867 $ 109,566 $ Prior Year (5-Yrs Old) 322,198 $ 34,936 $ 291,909 $ 41,101 $ 13,867 $ Greater Than 5 Prior FY 521,761 $ 843,959 $ 670,141 $ 601,779 $ 507,920 $ Ending Balance $ 1,225,773 $ 1,335,339 $ 1,256,975 $ 1,416,603 $ 1,721,131 Public Improvements to be Constructed:

FY 2025-2026
Budgeted
Expenditure
Future Years
Commitments
Total
Commitments
% Funded with
Dev. Fee
Funding
Available Date
North Sphere Community Park $ - 500,000 $ 500,000 $ 5% July 2025 Civic Center Park Improvements $ - 650,000 $ 650,000 $ 20% July 2025 Parks and Median Landscape Rehab $ 2,000,000 500,000 $ 2,500,000 $ 100% July 2025 $ 1,650,000 $ 2,000,000 $ 3,650,000
The fee is used to acquire land, construct parks, recreational areas, open space, and other public facilities for the city residents. Annually, the City Council adopts a Capital Improvement Program Budget detailing the current and future projects necessary for use of the fee. The fee is charged to residential properties based on the following formula: Number of units x 2.292 (people per household) x 5 acres divided by 1,000 population x land market value per acre.

The City's Five Year Capital Improvement Program Budget is attached as a reference to future projects using existing cash balances for FY 2025-2026 through 2029-2030 664
Section E– Park & Recreation Fee (Fund 233) - continued Five Year Findings
Purpose of the Fee:

The Relationship Between the Fee and Purpose:

Sources, Amounts, and Dates of Funding Anticipated to Complete Financing:

This fee is being collected for the purpose of developing new parks or recreational facilities to serve the community. With the expansion of the North Sphere of the city over the last five years, funds are being accumulated to help support the building of both a North Palm Desert Community Park and a Regional Sports Park.

When new development occurs within the City boundaries, there becomes a need to support new homes and residents with additional park and recreational activities. Therefore, new residential developments must pay a Park & Recreation Fee, which may be used to create new areas for playgrounds, playfields, gardens, pedestrian or bicycle paths or areas of particular natural beauty, including canyons, hilltops and wooded areas to be developed in their natural state.

Funding sources for the North Sphere Community Park and the North Sphere Regional Sports Park are still being researched and determined while both parks are in the design phase. The current 5-year CIP anticipates the Community Park will cost approximately $16,000,000 and the Regional Park will cost approximately $30,000,000. The City expects to fully expend the accumulation of Park & Recreation Fees to supplement the completion of these parks.
665
Section F – Traffic Signalization Fee (Fund 234)
Brief description of the type of fee in the fund:

Part 1 – Fund Balance, Revenue, Interest, Expenditures, Ending Balance 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025
Beginning Balance $ 417,052 $ 436,491 $ 438,750 $ 525,534 $ 606,321 Developer Fees $ 8,400 18,467 $ 70,931 $ 50,640 $ 18,700 $ Interest Income $ 2,259 3,062 $ 13,140 $ 25,856 $ 28,356 $ Gain (Loss) on Fair Value-GASB 31 $ (2,090) $ (8,400) $ 2,713 $ 4,291 $ 2,865 $ 19,439 $ 2,259 $ 86,784 $ 80,786 $ 49,921
Expenditures - $ - $ - $ - $ (404,866) $ (a)
Transfers out - $ - $ - $ - $ - $
Ending Fund Balance $ 436,491 $ 438,750 $ 525,534 $ 606,321 $ 251,375 (a) FY24-25 Expenditure Details: AMOUNT
DBX INC - TRAFFIC SIGNAL IMPROVEMENTS $ 404,866
Total : $ 404,866
Transfers or Loans:

There have been no interfund transfers or loans made from the fund for this reporting period.

Refunds:

There have been no refunds made during this reporting period.

Part II – Compliance with expending funds within 5 years Five Year Revenue Test Using First In First Out
2020-2021 2021-2022 2022-2023 2023-2024 2024-2025
Current 19,439 $ 2,259 $ 86,784 $ 80,786 $ 49,921 $
Prior Year (2-Yrs Old) 40,124 $ 19,439 $ 2,259 $ 86,784 $ 80,786 $ Prior Year (3-Yrs Old) 103,775 $ 40,124 $ 19,439 $ 2,259 $ 86,784 $ Prior Year (4-Yrs Old) 21,424 $ 103,775 $ 40,124 $ 19,439 $ 2,259 $ Prior Year (5-Yrs Old) 38,654 $ 21,424 $ 103,775 $ 40,124 $ 19,439 $ Greater Than 5 Prior FY 213,075 $ 251,729 $ 273,153 $ 376,928 $ 12,186 $ Ending Balance $ 436,491 $ 438,750 $ 525,534 $ 606,320 $ 251,375 Public Improvements to be Constructed:

FY 2025-2026
Budgeted
Expenditure
Future Years
Commitments
Total
Commitments
% Funded with
Dev. Fee
Funding
Available Date
$ 600,000 50,000 $ 650,000 $ 100% July 2025
$ 600,000 $ 650,000
Traffic Signal Timing Conversion
The fee is used for acquisition and development of the regional traffic signals within the City created by increased traffic load added by the development. Yearly, the City Council adopts a five-year Capital Improvement Plan detailing the current and future projects necessary for use of the fee. The fee is charged based on the type of building constructed, which is: Residential $ 50 per unit; Commercial $500 per 1,000 sq. ft.; Industrial $500 per acre.

The City's Five Year Capital Improvement Program Budget is attached as a reference to future projects using existing cash balances for FY 2025-2026 through 2029-2030 666
Section F – Traffic Signalization Fee (Fund 234) - continued Five Year Findings
Purpose of the Fee:

The Relationship Between the Fee and Purpose:

Sources, Amounts, and Dates of Funding Anticipated to Complete Financing:

Project Funding Sources Funding %
Traffic Signal Timing Conversion Traffic Signal Fees 100% June 2025 Expected Funding
This fee is being collected for the purpose of the construction or reimbursement of intersection of signalization projects within the City. Funds have accumulated in this fund over the last five years in order to pay for projects of significant cost. The process for addition of a new traffic signal at Market Place Drive and Cook Street began in May 2023 and is expected to expend the majority of accumulated fund balance during FY 2023-24.

As development in the city expands, more people drive on City streets, which can lead to traffic congestion or necessitate changes in traffic signaling and patterns. As a result, developers are required to pay a traffic signalization fee. This fee is used to add new traffic signals or intersection projects to accomodate the increased traffic flow caused by development.
667
Section G – Fire Facility Fee (235)
Brief description of the type of fee in the fund:

Part 1 – Fund Balance, Revenue, Interest, Expenditures, Ending Balance 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025
Beginning Balance 1,212,787 $ 1,261,388 $ 1,368,086 $ 1,580,701 $ 1,186,616 $ Developer Fees $ 125,925 45,624 $ 297,648 $ 166,938 $ 53,474 $ Interest Income $ 6,708 8,943 $ 40,590 $ 73,845 $ 53,371 $ Gain (Loss) on Fair Value-GASB 31 $ (25,936) (5,966) $ 8,599 $ 13,313 $ 5,641 $ $ 106,698 48,601 $ 346,837 $ 254,096 $ 112,485 $
Expenditures $ - $ - $ (134,222) $ (622,933) $ (626,834) (a) Transfers out $ - $ - $ - $ (25,248) $ -
Ending Fund Balance $ 1,261,388 $ 1,368,086 $ 1,580,701 $ 1,186,616 $ 672,267 (a) FY24-25 Expenditure Details: AMOUNT
ANSER $ 55,925
ERSC $ 74,806
FRAZER $ 232,089
PBK $ 56,781
COPD $ 174,258
BRIGHT $ 7,371
IID $ 2,000
TKE $ 22,620
XPRESS GRAPHICS $ 984
Total : $ 626,834
Transfers or Loans:

There have been no interfund transfers or loans made from the fund for this reporting period.

Refunds:

There have been no refunds made during this reporting period.

Part II – Compliance with expending funds within 5 years Five Year Revenue Test Using First In First Out
2020-2021 2021-2022 2022-2023 2023-2024 2024-2025
Current 48,601 $ 106,698 $ 346,837 $ 254,096 $ 112,485 $ Prior Year (2-Yrs Old) 59,308 $ 48,601 $ 106,698 $ 346,837 $ 254,096 $ Prior Year (3-Yrs Old) 45,308 $ 59,308 $ 48,601 $ 106,698 $ 346,837 $ Prior Year (4-Yrs Old) 35,084 $ 45,308 $ 59,308 $ 48,601 $ 106,698 $ Prior Year (5-Yrs Old) 41,063 $ 35,084 $ 45,308 $ 59,308 $ 48,601 $ Greater Than 5 Prior FY 1,032,023 $ 1,073,086 $ 973,948 $ 371,076 $ (196,451) $ Ending Balance $ 1,261,388 $ 1,368,086 $ 1,580,700 $ 1,186,616 $ 672,267 Public Improvements to be Constructed:

FY 2025-26
Carryover
Projects
Future Years
Commitments
Total
Commitments
% Funded with
Dev. Fee
Funding
Available Date
North Sphere Fire Station 102 298,857 $ - $ 298,857 $ 2% July 2025 Equipment Replacements 275,000 $ 100,000 $ 375,000 $ 100% July 2025 $ 573,857 $ 100,000 $ 673,857
The City of Palm Desert is interested in providing funding, through impact fees for a new Fire Station and equipment, in order to meet some of the new commercial and residential development in the northern half of the City. A Nexus study was prepared and approved by City Council in June 2006. The fee is calculated as follows:

Commercial development rate is $0.22 per square foot, industrial/office rate is $0.20 per square foot, and residential development would be based on a $2,262 per acre depending on density of units built or $709 per single residence. Annually, the City will adopt a budget to use these funds to create new facilities and equipment.

The City's Five Year Capital Improvement Program Budget is attached as a reference to future projects using existing cash balances for FY 2025-2026 through 2029-2030 668
Section G – Fire Facility Fee (235) - continued
Five Year Findings
Purpose of the Fee:

The Relationship Between the Fee and Purpose:

Sources, Amounts, and Dates of Funding Anticipated to Complete Financing:

Construction of the North Sphere Fire Station was completed in FY2024-25 with a substantial portion of the accumulated Fire Development Impact Fee revenues utilized to support the project. The remaining balance of fees will be applied to additional and remaining improvements for the station, as well as future fire-facility related projects consistent with the City's adopted plans. Funding needs for these and any upcoming improvements will continue to be evaluated, and additional funding sources may be identified.

This fee is being collected for the development of a new Fire Station and equipment in order to meet some of the new commercial and residential development in the North Sphere of the City. The North Sphere Fire Station is currently going through the study and design phase through March 2024, and is expected to go into construction in late 2026.

Residential and commercial development in the Northern Sphere of the city has necessitated the addition of a new fire station to support emergency response for the City. When additional development expands the population of an area or changes the distribution of the population, emergency responders must cover a wider variety of territory and responses. The addition of a new fire station allows for fast response times and adequate emergency coverage in all areas of the City.
669
670

CAPITAL IMPROVEMENT FUNDS PROGRAM
Type Dept/
Div Project Name Fund Type Account No. 2024-25 Est.

Carryover
2025-26
Year 1
2026-27
Year 2
2027-28
Year 3
2028-29
Year 4
2029-30
Year 5 Total
Capital Projects:

Cont. CIP 2025 Slurry Seal Project Special Revenue Funds 2134134 - 4400200 23,287 - - - - - 23,287 Cont. CIP Bridge Inspection & Repair Program Special Revenue Funds 2134359 - 4400100 331,442 - 1,600,000 300,000 300,000 300,000 2,831,442 Cont. CIP Cahuilla Hills Park Improvements Capital Project Funds 4004618 - 4400200 1,753,796 - - - - - 1,753,796 Cont. CIP Citywide Pavement Condition Evaluation Special Revenue Funds 2114311 - 4391505 64,181 110,000 110,000 110,000 110,000 110,000 614,181 New CIP Cook & Gerald Ford Retention Basin Capital Project Funds 4204370 - 4400200 - 200,000 4,000,000 - - - 4,200,000 New CIP Country Club Median Landscape Improvements Capital Project Funds 4514374 - 4400100 - 3,000,000 - - - - 3,000,000 Cont. CIP CV Link Hovley Connector Special Revenue Funds 2314670 - 5000202 - - - 3,500,000 - - 3,500,000 Cont. CIP El Paseo Street Rehabilitation & Mid-Block Crossing Special Revenue Funds 2134134 - 4400200 60,000 - - - - - 60,000 Cont. CIP Eldorado Drive Street Rehabilitation Special Revenue Funds 2134134 - 4400200 64,121 - - - - - 64,121 Cont. CIP Fire Station 33 Remodel Capital Project Funds 4514270 - 4400100 - - 8,145,000 - - - 8,145,000 Cont. CIP Fire Station 33 Remodel* Special Revenue Funds 2304220 - 4400200 - 1,200,000 - - - - 1,200,000 Cont. CIP Fire Station 71 Rebuild Capital Project Funds 4514270 - 4400100 - - 15,475,000 - - - 15,475,000 Cont. CIP Fire Station 71 Rebuild* Special Revenue Funds 2304220 - 4400200 - 1,200,000 - - - - 1,200,000 Cont. CIP Haystack Channel Rehabilitation Special Revenue Funds 2324370 - 5000454 275,000 500,000 - - - - 775,000 Cont. CIP Haystack Channel Rehabilitation Capital Project Funds 4204370 - 5000454 3,222,112 - - - - - 3,222,112 New CIP Homme Adams Park Improvements Capital Project Funds 4514618 - 4400200 - - 5,000,000 150,000 - - 5,150,000 Cont. CIP HSIP Signal Backplates Special Revenue Funds 2134317 - 5000908 1,725,282 - - - - - 1,725,282 Cont. CIP Larkspur Lane Improvements Special Revenue Funds 2114134 - 4400200 - 110,000 - - - - 110,000 New CIP Monterey & Gerald Ford Street Rehabilitation Special Revenue Funds 2114311 - 4391505 - 1,225,164 1,090,000 1,090,000 1,090,000 1,090,000 5,585,164 Cont. CIP Mountain View Retention Basin Capital Project Funds 4004159 - 4219100 1,074,966 425,000 - - - - 1,499,966 Cont. CIP New Library Facility Capital Project Funds 4514136 - 4400100 - 20,000,000 - - - - 20,000,000 Cont. CIP New Library Facility* Capital Project Funds 4524136 - 4400100 3,179,940 6,000,000 - - - - 9,179,940 Cont. CIP North Sphere Community Park - Future Improvements Special Revenue Funds 2334670 - 5000201 - 500,000 - - - - 500,000 Cont. CIP North Sphere Community Park - Future Improvements Capital Project Funds 4514618 - 5000913 135,124 - - - - - 135,124 Cont. CIP North Sphere Community Park - Future Improvements* Capital Project Funds 4004618 - 4400200 - - 15,500,000 - - - 15,500,000 Cont. CIP North Sphere Electrical Substation Capital Project Funds 4004258 - 4400100 885,000 - - - - - 885,000 Cont. CIP North Sphere Fire Station 102 Special Revenue Funds 2304220 - 4400200 1,162,944 4,500,000 - - - - 5,662,944 Cont. CIP North Sphere Fire Station 102 Special Revenue Funds 2354270 - 4400200 315,509 - - - - - 315,509 New CIP North Sphere Flood Control Special Revenue Funds 2314134 - 4400200 - 1,000,000 - - - - 1,000,000 New CIP North Sphere Flood Control* Capital Project Funds 4004370 - 4400200 - - 8,500,000 5,000,000 - - 13,500,000 Cont. CIP North Sphere Regional Park - Future Improvements* Capital Project Funds 4004670 - 5000202 5,000 - 3,000,000 27,000,000 - - 30,005,000 Cont. CIP PDHA Replacement Expenditures Special Revenue Funds 8714195 - 4331100 91,145 - 3,400,000 3,420,000 3,350,000 75,000 10,336,145 Cont. CIP PDHA Replacement Expenditures Special Revenue Funds 8734199 - 4400100 - - - - - 4,025,000 4,025,000 New CIP Randall Henderson Trailhead Improvements Capital Project Funds 4004618 - 4400200 - 200,000 2,000,000 - - - 2,200,000 Cont. CIP Stormwater and Drainage Infrastructure Special Revenue Funds 2134370 - 4400100 - - 2,300,000 - - - 2,300,000 Cont. CIP Street Resurfacing Program Special Revenue Funds 2114134 - 4400200 3,893 500,000 1,500,000 1,500,000 1,500,000 1,500,000 6,503,893 Cont. CIP Street Resurfacing Program Special Revenue Funds 2134134 - 4400200 - 1,289,825 3,000,000 2,500,000 2,500,000 2,500,000 11,789,825 New CIP Traffic Signal Improvement Mesa View Drive and Hwy 111 Special Revenue Funds 2114134 - 4400200 - 65,000 900,000 - - - 965,000 New CIP Traffic Signal Improvement Monterey and Mag Falls Special Revenue Funds 2114134 - 4400200 - 85,000 900,000 - - - 985,000 Cont. CIP University Park On-Street Parking Improvements Special Revenue Funds 2114134 - 4400200 - 650,000 - - - - 650,000 Cont. CIP Walk n Roll PD - Phase I, II, and III Special Revenue Funds 2134633 - 5000103 3,825,266 2,500,000 3,000,000 - - - 9,325,266 Public Works:

Deferred PW Artists Center at Galen Improvements Capital Project Funds 4504164 - 4388500 150,000 75,000 75,000 75,000 75,000 75,000 525,000 Cont. PW Bump & Grind Trailhead Improvements Capital Project Funds 4004618 - 4400100 - 200,000 - - - - 200,000 New PW Citywide Entry Monument Signage Capital Project Funds 4514300 - 4400100 - 1,200,000 - - - - 1,200,000 Deferred PW Civic Center Building Improvements Capital Project Funds 4504161 - 4400100 388,554 500,000 350,000 350,000 350,000 350,000 2,288,554 Deferred PW Civic Center Park Improvements Capital Project Funds 4004674 - 4400100 1,636,624 - 250,000 250,000 250,000 250,000 2,636,624 Deferred PW Community Gardens Box Renovation Capital Project Funds 4004618 - 4400100 150,000 50,000 250,000 250,000 250,000 250,000 1,200,000 Deferred PW Corporation Yard Building Improvements Capital Project Funds 4004330 - 4400100 419,498 350,000 100,000 100,000 100,000 100,000 1,169,498 New PW El Paseo Parkway Improvements Capital Project Funds 4004310 - 4400100 - 75,000 400,000 150,000 150,000 150,000 925,000 New PW Fiber Optic Communication Upgrades Capital Project Funds 4514190 - 4400100 - 100,000 - 2,000,000 - - 2,100,000 Cont. PW Freedom Park Improvements Capital Project Funds 4004618 - 4400100 - 600,000 150,000 150,000 150,000 150,000 1,200,000 Deferred PW Henderson Building Improvements Capital Project Funds 4504164 - 4400100 107,270 150,000 150,000 150,000 150,000 150,000 857,270 Cont. PW Hillary Storm Event Capital Project Funds 4004159 - 4219100 1,009,122 - - - - - 1,009,122 Deferred PW Historical Society Building Improvements Capital Project Funds 4504164 - 4400100 150,000 150,000 100,000 100,000 100,000 100,000 700,000 Deferred PW Hovley Soccer Park Improvements Capital Project Funds 4004618 - 4400100 - 900,000 150,000 150,000 150,000 150,000 1,500,000 New PW Ironwood Park Improvements Capital Project Funds 4004618 - 4400100 - 100,000 - - - - 100,000 Deferred PW Magnesia Falls Park Improvements Capital Project Funds 4004618 - 4400100 - 100,000 - - - - 100,000 Cont. PW Office Space Improvements- Phase 2 Capital Project Funds 4504164 - 4400200 35,823 - - - - - 35,823 Cont. PW Office Space Improvements- Phase 3 Capital Project Funds 4504161 - 4400200 975,841 225,000 - - - - 1,200,841 Cont. PW Parking Lot Rehab & Maintenance Capital Project Funds 4004313 - 4332000 570,000 - - - - - 570,000 Cont. PW Parking Lot Rehabilitation - President's Plaza East & West Capital Project Funds 4004692 - 4400100 229,035 80,971 83,400 - - - 393,406 Cont. PW Parks & Medians Cal Sense/Smart Controller Irrigation Capital Project Funds 4004388 - 4400100 8,362 75,000 100,000 100,000 100,000 100,000 483,362 Capital Improvement Projects
671

CAPITAL IMPROVEMENT FUNDS PROGRAM

Type Dept/
Div Project Name Fund Type Account No. 2024-25 Est. Carryover 2025-26
Year 1
2026-27
Year 2
2027-28
Year 3
2028-29
Year 4
2029-30
Year 5 Total
Deferred PW Portola Community Center Renovations Capital Project Funds 4004439 - 4391503 50,000 50,000 - - - - 100,000 Deferred PW Portola Community Center Renovations Capital Project Funds 4504439 - 4400100 561,150 500,000 150,000 - - - 1,211,150 Deferred PW Traffic Management System Replacement Capital Project Funds 4004250 - 4400100 1,303,705 - 1,000,000 - - - 2,303,705 Deferred PW Traffic Operations & Capacity Improvements Special Revenue Funds 2134250 - 5000907 425,000 500,000 500,000 500,000 750,000 750,000 3,425,000 Deferred PW Traffic Signal IISNS Replacement Special Revenue Funds 2134250 - 5000906 - 50,000 500,000 500,000 - - 1,050,000 Deferred PW Traffic Signal Modification & Hardware Upgrades Program Special Revenue Funds 2134250 - 5000906 - 825,000 300,000 300,000 300,000 300,000 2,025,000 Deferred PW University Park Improvements Capital Project Funds 4004618 - 4400100 86,892 100,000 150,000 - - - 336,892 Deferred PW Washington Park Improvements Capital Project Funds 4004618 - 4400100 - 400,000 - - - - 400,000 Cont. PW Wayfinding Master Plan Special Revenue Funds 2134300 - 5000910 - 1,825,000 - - - - 1,825,000 Art in Public Places and Development Services:

Cont. AIPP Artwork for Phase 2 of the PD Link Project Capital Project Funds 4364650 - 4400100 100,000 50,000 - - - - 150,000 Cont. AIPP Artwork for Phase 2 of the San Pablo Corridor Project Capital Project Funds 4364650 - 4400100 - 165,000 - - - - 165,000 Cont. DS Indian Springs MHP Sewer Conversion Capital Project Funds 4004121 - 4374000 - 139,673 139,673 139,673 139,673 139,673 698,364 Cont. DS Technology Drive Extension to Gerald Ford Drive Capital Project Funds 4004311 - 4332000 335,000 293,000 - - - - 628,000 Desert Willow:

Cont. DW Clubhouse Equipment Various Capital Project Funds 4414195 - 4809200 352,102 - 135,000 - - - 487,102 Cont. DW Clubhouse Improvements-Restroom/Exterior Painting Capital Project Funds 4414195 - 4809200 - 500,000 120,000 150,000 - - 770,000 Cont. DW Golf Course Improvements-Mountain View & Firecliff Capital Project Funds 4414195 - 4809200 - - 250,000 3,500,000 - - 3,750,000 Cont. DW Golf Course Pump & Motor Upgrades Capital Project Funds 4414195 - 4809200 - 100,000 40,000 - - - 140,000 New DW Golf Course Tree Pruning Capital Project Funds 4414195 - 4809200 - 250,000 250,000 250,000 250,000 250,000 1,250,000 Cont. DW Perimeter Landscape & Lighting Rehabilitation Capital Project Funds 4414195 - 4809200 - 250,000 250,000 - - - 500,000 Cont. DW Perimeter Landscape Maintenance Capital Project Funds 4414195 - 4332000 21,604 260,000 260,000 260,000 260,000 260,000 1,321,604 27,263,589 56,448,633 85,623,073 53,994,673 12,374,673 13,124,673 248,829,313 Capital Improvement Projects (cont.)
TOTALS
CIP Funding Sources 2024-25 Est.

Carryover
2025-26
Year 1
2026-27
Year 2
2027-28
Year 3
2028-29
Year 4
2029-30
Year 5
Special Revenue Funds 8,367,068 18,634,989 19,100,000 13,720,000 9,900,000 10,650,000 Capital Project Funds 18,896,521 37,813,644 66,523,073 40,274,673 2,474,673 2,474,673 Debt Service Funds - - - - - -
Internal Service Funds - - - - - -
Enterprise Funds - - - - - -
TOTALS 27,263,589 56,448,633 85,623,073 53,994,673 12,374,673 13,124,673 672

CAPITAL IMPROVEMENT FUNDS PROGRAM
Type
Dept
/
Div
Project Name Fund Type Account No.
2024-25
Est.

Carryover
2025-26
Year 1
2026-27
Year 2
2027-28
Year 3
2028-29
Year 4
2029-30
Year 5 Total
Public Works:

Cont. PW AD Annual R/M - AD 94-1 Bighorn Debt Service Funds 3074311 - 4332000 - - 324,833 - - - 324,833 Annua PW ADA Curb Ramp Modifications & Sidewalk Replacement Program Special Revenue Funds 2134312 - 4400100 - 725,000 500,000 500,000 500,000 500,000 2,725,000 Cont. PW Cahuilla Hills Park Improvements Special Revenue Funds 2204648 - 4400100 200,607 - - - - - 200,607 Annua PW Catch Basin & Drain Cleaning Program Special Revenue Funds 2324690 - 4400100 - 175,000 250,000 250,000 250,000 250,000 1,175,000 Cont. PW Catch Basin & Drain Cleaning Program Capital Project Funds 4204314 - 4332000 83,906 - - - - - 83,906 Cont. PW Charging Stations Improvements Internal Service Funds 5304310 - 4404500 357,937 - 500,000 - - - 857,937 Annua PW Citywide Street and Bike Lane Striping Improvements Special Revenue Funds 2134315 - 4332000 - 1,000,000 950,000 950,000 950,000 950,000 4,800,000 Deferre PW Civic Center Park Improvements Special Revenue Funds 2334618 - 4400100 - 650,000 - - - - 650,000 Deferre PW Fire Station 33 Building Improvements Special Revenue Funds 2304220 - 4400100 - 75,000 75,000 75,000 75,000 75,000 375,000 Deferre PW Fire Station 67 Building Improvements Special Revenue Funds 2304220 - 4400100 - 250,000 75,000 75,000 75,000 75,000 550,000 Deferre PW Fire Station 71 Building Improvements Special Revenue Funds 2304220 - 4400100 - 175,000 75,000 75,000 75,000 75,000 475,000 Deferre PW Fire Station 71 Tenant Improvements Special Revenue Funds 2304220 - 4400100 - 300,000 300,000 300,000 300,000 300,000 1,500,000 Annua PW Neighborhood Traffic Calming Program Special Revenue Funds 2134565 - 5000903 - 200,000 200,000 200,000 200,000 200,000 1,000,000 Deferre PW Palm Desert Aquatic Center Special Revenue Funds 2424549 - 4400100 151,925 300,000 280,000 530,000 50,000 50,000 1,361,925 Deferre PW Palma Village Park Improvements Special Revenue Funds 2204649 - 4400100 111,191 - - - - - 111,191 Annua PW Parks and Median Landscape Rehabilitation Special Revenue Funds 2334618 - 4400100 - 500,000 500,000 500,000 500,000 500,000 2,500,000 Annua PW Public Buildings Furnishings Capital Project Funds 4504161 - 4400100 - 100,000 100,000 100,000 100,000 100,000 500,000 Deferre PW State Building Improvements Enterprise Funds 5104361 - 4400100 750,000 - 150,000 150,000 150,000 150,000 1,350,000 New PW Street Sign Inventory Internal Service Funds 5304310 - 4403000 - 50,000 - - - - 50,000 New PW Traffic Signal Timing Conversion Special Revenue Funds 2344250 - 4400100 - 50,000 - 600,000 - - 650,000 Cont. PW Vehicle Leases Internal Service Funds 5304331 - 4344000 6,661 90,000 - - - - 96,661 Cont. PW Vision Zero Strategy Implementation Special Revenue Funds 2134300 - 5000910 - 50,000 500,000 500,000 500,000 500,000 2,050,000 PW Equipment:

Cont. PW Fleet Replacement Internal Service Funds 5304310 - 4403000 851,088 200,000 500,000 500,000 - - 2,051,088 Cont. PW Message Boards Internal Service Funds 5304310 - 4403000 - 50,000 50,000 - - - 100,000 New PW Mini Excavator Internal Service Funds 5304310 - 4403000 - 50,000 - - - - 50,000 Cont. PW Mobile Generators Internal Service Funds 5304310 - 4403000 - 25,000 - - - - 25,000 New PW Paint Mixers Internal Service Funds 5304310 - 4403000 - 25,000 - - - - 25,000 Cont. PW Skid Steer Loader Internal Service Funds 5304310 - 4403000 - 100,000 - - - - 100,000 Cont. PW Water Cooler / Ice Machines Internal Service Funds 5304310 - 4403000 - 50,000 - - - - 50,000 Fire, IT, and Police Equipment:

Cont. FD Ambulance Purchase / Remounts Internal Service Funds 5304220 - 4403000 395,771 100,000 - - - - 495,771 Cont. FD Stryker Gurneys / Stair chairs Internal Service Funds 5304220 - 4403000 - 175,000 - - - - 175,000 Cont. IT Desktop-Laptops Internal Service Funds 5304190 - 4404000 96,783 382,787 460,072 340,183 - - 1,279,825 Cont. PD Motorcycle Replacement Special Revenue Funds 2294210 - 4391400 - 36,000 - - - - 36,000 Art in Public Places and Economic Development:

Cont. ED Bike Racks Special Revenue Funds 2384515 - 4400100 15,830 - - - - - 15,830 Cont. AIPP Coachella Festival Artwork/Lease Installation Capital Project Funds 4364650 - 4400100 346,094 - - - - - 346,094 Cont. AIPP El Paseo Sculpture Exhibition Capital Project Funds 4364650 - 4400200 - - 290,000 - 300,000 - 590,000 New AIPP Misc. Public Art Projects Capital Project Funds 4364650 - 4400100 - 150,000 150,000 150,000 150,000 150,000 750,000 Cont. ED Development Subsidy - Arc Village Special Revenue Funds 8734195 - 4663900 4,680,000 - - - - - 4,680,000 Cont. ED Development Subsidy - Palm Communities Special Revenue Funds 8734195 - 4663900 6,755,000 - - - - - 6,755,000 Cont. ED Economic Development Business Enhancements Capital Project Funds 4254430 - 4387500 307,264 - - - - - 307,264 Cont. ED Eisenhower Health Child Care Center Contribution Capital Project Funds 4004800 - 4388300 - 1,000,000 - - - - 1,000,000 Cont. ED Homebuyer Subsidies - BEGIN Program Special Revenue Funds 2144494 - 4390102 159,135 159,135 159,135 159,135 159,135 - 795,675 Cont. ED Housing Mitigation Special Revenue Funds 2144490 - 4390101 199,200 800,000 250,000 250,000 250,000 - 1,749,200 Cont. ED iHUB Operating Cost Capital Project Funds 4254430 - 4395000 - 281,697 193,432 - - - 475,129 Cont. ED iHUB Rent Cost Capital Project Funds 4254430 - 4345000 - 220,121 149,653 - - - 369,774 New ED McCallum Theater Contribution Capital Project Funds 4004800 - 4387900 - 300,000 300,000 300,000 300,000 300,000 1,500,000 Cont. ED The Living Desert Contribution Capital Project Funds 4004800 - 4389800 - 250,000 250,000 250,000 250,000 - 1,000,000 Cont. ED United Palm Desert Capital Project Funds 4254430 - 4393000 137,236 - - - - - 137,236 Cont. ED Various Agencies Contributions Special Revenue Funds 2204800 - 4388000 500,761 546,441 - - - - 1,047,202 Cont. ED Various Agencies Contributions Special Revenue Funds 2204800 - 4309000 35,597 - - - - - 35,597 Desert Willow:

Cont. DW Course & Ground Leases - Principal Only Enterprise Funds 5200000 - 2341001 - 417,008 427,553 144,907 - - 989,468 Cont. DW DW Clubhouse Various Projects Enterprise Funds 5204195 - 4809200 155,250 159,500 144,678 126,490 112,458 106,863 805,239 Cont. DW Golf Cart Leases - Principal Only Enterprise Funds 5200000 - 2341001 - 494,483 251,911 - - - 746,394 16,297,234 10,662,172 8,356,267 7,025,715 5,246,593 4,281,863 51,869,844 Other Annual Maintenance & Various Programs
TOTALS
Other Annual
Maintenance & Various
Programs Funding
Sources
2024-25
Est.

Carryover
2025-26
Year 1
2026-27
Year 2
2027-28
Year 3
2028-29
Year 4
2029-30
Year 5
Special Revenue Funds 12,809,245 5,991,576 4,114,135 4,964,135 3,884,135 3,475,000 Capital Project Funds 874,500 2,301,818 1,433,085 800,000 1,100,000 550,000 Debt Service Funds - - 324,833 - - -
Internal Service Funds 1,708,239 1,297,787 1,510,072 840,183 - - Enterprise Funds 905,250 1,070,991 974,142 421,397 262,458 256,863 TOTALS 16,297,234 10,662,172 8,356,267 7,025,715 5,246,593 4,281,863 673
674

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: December 11, 2025
PREPARED BY: Kevin Swartz, Project Manager
SUBJECT: AWARD A CONTRACT TO QUINN COMPANY FOR PREVENTATIVE MAINTENANCE OF THE CITY’S EMERGENCY GENERATORS
(PROJECT NO. MEQ00005)
RECOMMENDATION:

1. Award a one-year Maintenance Services Agreement to Quinn Company, dba Quinn Power Systems, of the City of Industry, California (referred to as “Quinn”) for preventative maintenance of the City’s emergency generators in the amount of $87,795 pro-rated for the first year at $43,897.50, with the option of four, one-year extensions.

2. Authorize additional as-needed repairs and service parts in an amount not-to-exceed $75,000 pro-rated for the first year at $37,500, with the option of four, one-year extensions.

3. Authorize the City Attorney to make necessary non-monetary changes to the agreement.

4. Authorize the City Manager to execute amendments and change orders and any documents necessary to effectuate the actions taken herewith.

BACKGROUND/ANALYSIS:

The Public Works Department oversees the maintenance and operational readiness of eight emergency generators located throughout the City. These generators support essential City operations and ensure continuity of public services during power outages, natural disasters, and other emergency situations. The units are installed at key facilities, including City Hall, the Corporation Yard, Joslyn Center, and the three fire stations. These generators are critical for maintaining public safety and uninterrupted facility operations.

The generators under the City’s maintenance program are listed below:

Facility Location Make Model No. Machine Serial No.

Corporation
Yard 74705 42nd Ave Katolite/John Deere 6125HF070L 053954 Corporation
Yard 74705 42nd Ave Caterpillar 3406 2WB04221
Corporation
Yard 74705 42nd Ave Caterpillar D125GC CATod125ht9700404 City Hall 73510 Fred Waring
Dr Caterpillar 3412 81Z12134
Joslyn Center 73750 Catalina Way
John
Deere/KOHLER 180REOZJG SGM32K9TH
Fire Station 33 44400 Town Center Caterpillar D100 - 8
CATOOC44JCN60151
4 Fire Station 67 73200 Mesa View Cummings DGCA -
5753579 C060892393
Fire Station 71 73995 Country Club Taylor GR71036 731360H 675
City of Palm Desert
Award Maintenance Services Agreement for Generators

The City administers a comprehensive preventative maintenance agreement. It is essential that a certified vendor maintains the generators rather than City facility staff. Certified vendors possess specialized training, manufacturer-approved tools, and technical expertise required to service these complex systems. This ensures that all maintenance and repairs comply with manufacturer specifications, regulatory requirements, and safety standards.

By administering a comprehensive preventative maintenance agreement, the City guarantees that each generator receives regularly scheduled service and as-needed repairs, keeping the units in peak operating condition and ensuring ongoing reliability during critical operations.

Attempting maintenance by non-certified staff could compromise performance, void warranties, or create safety hazards.

SERVICE FREQUENCY SCOPE
PM Level 1
MultiPoint Quarterly Engine fluids, battery systems, belts, hoses, filters and electrical connections PM Level 2 Annual Routine scheduled maintenance
PM Level 5 Load
Bank Test Annual Simulation of full electrical demand
PM Level 11 ATS
Inspection Annual Verification of seamless transition between utility and generator power Fuel Polishing Annual Removal of water, sediment and microbial contamination from diesel fuel
The agreement also includes annual provisions for repairs and emergency services that may arise throughout the year. This may include component replacements, leak detection and repair, electrical diagnostics, alternator or starter service, and emergency troubleshooting to ensure all units remain fully operational.

The preventative maintenance and repair services provided under this agreement are essential to ensure that each generator performs as expected during emergency events and supports the City’s continuity-of-operations objectives.

Selection Process:

To identify a qualified contractor for generator preventative maintenance and repair services, the City issued a Request for Proposals (RFP No. 2025-NIB-204) through OpenGov, the City’s public bidding portal. Three firms submitted proposals, which were evaluated using the criteria outlined in the RFP, including clarity and conformance, relevant experience, demonstrated performance, proposal quality, and references.

Vendor Location Rank Annual Amount
Cummins Sales & Service El Cajon, CA 1 $43,161.72
Quinn Company City of Industry, CA 2 $87,795.00
MJ Service Industries, LLC Yucaipa, CA 3 $22,400.00
676
City of Palm Desert
Award Maintenance Services Agreement for Generators

While Cummins Sales & Service received the highest evaluation score and submitted competitive pricing, their legal team requested revisions to the City’s standard agreement, specifically related to insurance requirements and liability caps. Ultimately, the parties were unable to reach mutually acceptable contract terms. As a result, Cummins could not be recommended for award.

MJ Service Industries, LLC, submitted the lowest bid; however, during follow-up discussions, staff identified significant operational risks. The firm is solely operated by one individual, limiting its capacity to meet the City’s required response times for both routine maintenance and emergency repairs. Given the critical nature of maintaining uninterrupted generator reliability, staff concluded this proposal did not meet the City’s operational needs.

With the two firms unable to satisfy contractual or operational requirements, Quinn Company emerged as the most responsive and responsible proposer. Prior to 2017, the City’s generator preventative maintenance services were provided by Johnson Power Systems. In 2017, the company was acquired by Quinn Group, Inc., dba Quinn Company. Quinn has continued these services and has a long history of delivering reliable support to the City, consistently demonstrating strong performance, timely response, and the staffing and technical expertise necessary to meet emergency operational needs.

Their proposed pricing reflects the addition of new generators (Corporation Yard and Fire Stations 71 and 33) to the maintenance portfolio, increased parts and labor costs, and standard cost-of-living adjustments. Additionally on June 12, 2025, the City Council approved the purchase of the new generator for the Corporation Yard from Quinn Company, the exclusive authorized distributor in California for the generator type.

Accordingly, staff recommend awarding the preventative maintenance and repair services agreement to Quinn Company.

Legal Review:

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

FINANCIAL IMPACT:

Funds have been included in the approved Fiscal Year 2025-26 Annual Budget under Public Works Operations in the amount of $190,000 under various accounts for Generator Preventative Maintenance and Repairs. Year 1 of this agreement totals $162,795, including extra services and repairs; therefore, there is no further fiscal impact to the General Fund. The table below lists the various accounts and funds available:

Accounts FY 2025/26 Budget Contract Amount
Year 1
Balance
1104330-4331000 – Corpyard $50,000 $32,298
1104340-4331000 – City Hall $35,000 $15,082
1104340-4331000 – Joslyn Ctr $25,000 $9,573
2304220-4331000 – Fire Station $55,000 $30,842
2424549-4331101-PDAC $25,000 N/A
677
City of Palm Desert
Award Maintenance Services Agreement for Generators

Extra Services and Repairs $37,500
Total $190,000 $125,295 $64,705
Although the amounts listed are intended to cover the costs, actual distribution will vary based on actual use.

Staff will continue to budget accordingly during the annual budget process to ensure adequate funding in future fiscal years.

ATTACHMENTS:

1. Maintenance Services Agreement

2. Payment and Performance Bonds

3. Proposal - Quinn
678
Contract No. ___________
1 Revised 01-2024
BBK 72500.00001\32374943.1

CITY OF PALM DESERT

MAINTENANCE SERVICES AGREEMENT

1. Parties and Date. This Agreement is made and entered into this 11th day of December, 2025, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, (“City”) and Quinn Company dba Quinn Power Systems, a S-Corporation, with its principal place of business at 10006 Rose Hills Road, City of Industry, California 90601 ("Contractor"). The City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties."
City Council Approval
On December 11, 2025, City Council approved the award of this Agreement to the Contractor above.

2. Recitals.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in providing maintenance services to public clients, that it and its subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

The City is a public agency of the State of California and is in need of services for the following project:

Preventative Maintenance and Service Repairs for Generators at City Facilities Project
Project No. MEQ00005
(hereinafter referred to as “the Project”).

3. Terms.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the maintenance services necessary for the Project (“Services”).

The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state, and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from January 1, 2026, to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, 679
Contract No. ___________
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at its sole discretion, to renew this Agreement automatically for no more than four (4) additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Any personnel performing the Services under this Agreement on behalf of Contractor shall not be employees of City and shall at all times be under Contractor’s exclusive direction and control.

Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates Kevin Swartz, Project Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement except for increasing compensation. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates Valerie Jimenez, Product Support Sales Representative, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”).

Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants, and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling 680
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necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees, and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein.

Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).

Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with.

3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and subsubconsultants to comply with the same. Contractor certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement.

3.2.10.2 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every 681
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employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.

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

3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.5 Water Quality Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor to penalties, fines, or additional regulatory requirements.

3.2.11 Insurance.

3.2.11.1 Minimum Requirements. Without limiting Contractor’s indemnification of City, and prior to commencement of the Services, Contractor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering 682
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bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
(a) A drop-down feature requiring the policy to
respond if any primary insurance that would
otherwise have applied proves to be uncollectible in
whole or in part for any reason;
(b) Pay on behalf of wording as opposed to
reimbursement;
(c) Concurrency of effective dates with primary
policies; and
(d) Policies shall “follow form” to the underlying
primary policies.
(e) Insureds under primary policies shall also be
insureds under the umbrella or excess policies.
(D) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives. (E) Fidelity Coverage. Reserved.
(F) Cyber Liability Insurance. Reserved.
(G) Pollution Liability Insurance. Reserved.

3.2.11.2 Other Provisions and Requirements.
(A) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract.

City reserves the right to require complete, certified copies of all required insurance policies, at any time.
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(B) Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his/her agents, representatives, employees, or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (G) Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
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(I) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Contractor agrees to ensure that its subconsultants, sub-contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(P) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(Q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times 685
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be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.13 Bonds.

3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within ten (10) days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents 686
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created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.2.15 Work Sites.

3.2.15.1 Inspection of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements.

No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.

3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions, and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies, or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

3.2.15.3 Hazardous Materials and Differing Conditions. Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous substances and hazardous materials as defined in California state or federal law at the site which have not been rendered harmless, the Contractor shall immediately stop work at the affected area and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs, hazardous substances, other toxic wastes, and hazardous materials, and shall not require the Contractor to subcontract for such services. The Services in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor.

3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require 687
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to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Eighty Seven Thousand Seven Hundred Ninety Five Dollars and 00/100 ($87,795.00) per fiscal year without written approval of the City Council or City Manager, as applicable. The City may request additional work at the same rates and manner set forth in this Agreement on an as-needed basis as specified in Section 3.3.5. Contractor shall not perform Extra Work, presume Extra Work will be guaranteed, nor be compensated for Extra Work without written authorization from the City. Work performed as Extra Work shall not exceed the amount of Seventy Five Thousand and 00/100 Dollars ($75,000) per fiscal year. Contractor shall not be reimbursed for any expenses unless authorized by the City. Year 1 shall be pro-rated to represent half of the fiscal year.

3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices which provides a detailed description of the Services and hours rendered by Contractor. City shall, within thirty (30) days of receiving such statement, review the statement and pay all non-disputed and approved charges. Contractor shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Contractor. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.3.2.1 Retainer. Reserved.

3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
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3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify, and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify, and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to 689
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Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

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

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

3.5 General Provisions.

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

Contractor: Quinn Company dba Quinn Power Systems
10006 Rose Hills Road
City of Industry, CA 90601
ATTN: Michelle Locke, Senior Vice President
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses except such Claims caused by the sole or active negligence or willful misconduct of the City. 690
Contract No. ___________
13 Revised 01-2024
BBK 72500.00001\32374943.1

3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense, and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives as part of any such claim, suit, action, or other proceeding.

Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives as part of any such claim, suit, action, or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees.

Contractor shall reimburse the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives.

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

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

3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

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

3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to 691
Contract No. ___________
14 Revised 01-2024
BBK 72500.00001\32374943.1
the City include its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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

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

3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

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

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

3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

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

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

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.18 Federal Provisions. Reserved.
[SIGNATURES ON NEXT PAGE]
692
Contract No. ___________
Revised 01-2024
BBK 72500.00001\32374943.1

SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT

AND QUINN COMPANY DBA QUINN POWER SYSTEMS
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF PALM DESERT
By:

Chris Escobedo
City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Isra Shah
Best Best & Krieger LLP
City Attorney

QUINN COMPANY DBA QUINN POWER

SYSTEMS, A CORPORATION
By:

Michelle Locke
Senior Vice President
By:

Kristopher Paluzzi
Controller
Contractor’s License Number and
Classification
DIR Registration Number (if applicable)
City Clerk QC: _____
Contracts QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
_____
Bonds
693
Contract No. ___________
Exhibit “A”
Revised 01-2024
BBK 72500.00001\32374915.1
EXHIBIT “A”

SCOPE OF SERVICES
PREVENTATIVE MAINTENANCE AND SERVICE REPAIRS FOR EIGHT (8) GENERATORS

AT CITY FACILITIES
Generator Make and Model Machine Serial
Number Location
Katolite/John Deere 6125HF070L 053954 74-705 42nd Avenue (Corporation Yard) Caterpillar 3406 2WB04221 74-705 42nd Avenue (Corporation Yard) Caterpillar 3412 81Z12134 73-510 Fred Waring Drive (City Hall) Cummings DGCA - 5753579 C060892393 73-200 Mesa View (Fire Station #67) John Deere / KOHLER 180REOZJG SGM32K9TH 73750 Catalina Way (Joslyn Senior Center) Taylor GR71036 731360H 73-995 Country Club (Fire station #71) CAT D125GC CATod125ht9700404 74-705 42nd Avenue (Corporation Yard) CAT D100 - 8 CATOOC44JCN601514 44-400 Town Center (Fire Station #33) 694
Contract No. ___________
Exhibit “B”
Revised 01-2024
BBK 72500.00001\32374915.1
EXHIBIT “B”

SCHEDULE OF SERVICES
Preventative maintenance program is to include annual services such as multi-point inspections (covering engine fluids, battery systems, belts, hoses, filters, and electrical connections), load bank testing to simulate full electrical demand, transfer switch testing to confirm seamless transition between utility and generator power, and fuel polishing to remove water, sediment, and microbial contamination from diesel fuel.

In addition to routine preventative maintenance, the contract also includes as-needed extra repair work to address unexpected issues or failures that may arise throughout the year. This may involve component replacement, fluid leak repairs, electrical diagnostics, starter or alternator service, or emergency troubleshooting and repairs following a system malfunction. These responsive services ensure that the generators remain fully functional and compliant with safety, regulatory, and manufacturer standards at all times.
695
Contract No. ___________
Exhibit “C”
Revised 01-2024
BBK 72500.00001\32374915.1
EXHIBIT “C”

COMPENSATION
Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. Contractor shall not be reimbursed for any expenses unless authorized by the City. The total compensation shall not exceed Eighty Seven Thousand Seven Hundred Ninety Five Dollars and 00/100 ($87,795.00) per fiscal year without written approval of the City Council or City Manager, and may only be adjusted for Consumer Price Index for all Urban Consumers (CPI-U) for the Riverside-San Bernardino-Ontario, CA Region rate for the 12- month period ending May, with written approval from the City Council or City Manager following FY 2025-26, as applicable.. The City may request additional work at the same rates and manner set forth in this Agreement on an as-needed basis as specified in Section 3.3.5. Contractor shall not perform Extra Work, presume Extra Work will be guaranteed, nor be compensated for Extra Work without written authorization from the City. Work performed as Extra Work shall not exceed the amount of Seventy Five Thousand and 00/100 Dollars ($75,000) per fiscal year. Contractor shall not be reimbursed for any expenses unless authorized by the City. Year 1 shall be pro-rated to represent half of the fiscal year remaining following approval. 696
Contract No. ___________
Exhibit “C”
Revised 11-2-20
BBK 72500.00001\32374915.1

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to Quinn Company, dba Quinn Power Systems, (hereinafter referred to as the “Contractor”) an agreement for Preventative Maintenance and Service Repairs for Generators at City Facilities Project (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated July 1, 2025, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, Quinn Company, dba Quinn Power Systems, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Eighty Seven Thousand Seven Hundred Ninety Five Dollars and 00/100 ($87,795.00) per fiscal year, said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law, or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
697
Contract No. ___________
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
698
Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____.
(Corporate Seal)
Contractor/ Principal
By ____________________ ____
Printed name: _______________________
Title: ______________________________
(Corporate Seal) Surety
By: ________________________________
Printed Name: _______________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
699
Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.

Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared ___________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
700
Contract No. ___________
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared _____________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
701
Contract No. ___________

PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS That
WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken or a resolution passed December 11, 2025, has awarded to Quinn Company, dba Quinn Power Systems, hereinafter designated as the “Principal,” a contract for the work described as follows:

Preventative Maintenance and Service Repairs for Generators at City Facilities Project (the “Project”).; and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated July 1, 2025, (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of Eighty Seven Thousand Seven Hundred Ninety Five Dollars and 00/100 ($87,795.00) per fiscal year, lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or 702
Contract No. ___________
modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
703
Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By ____________________ ____
Printed name: _______________________
Title: ______________________________
(Corporate Seal) Surety
By: ________________________________
Printed Name: _______________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
704
Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.

Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On _________________, 20___, before me, _______________________________, Notary Public, personally appeared _______________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
705
Contract No. ___________
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On _________________, 20___, before me, _______________________________, Notary Public, personally appeared _______________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
706
City of Palm Desert
Finance Department
Veronica Chavez, Director of Finance
73-510 Fred Waring Drive, Palm Desert, CA 92260
[QUINN COMPANY] RESPONSE DOCUMENT REPORT
NIB No. 2025-NIB-204
Preventative Maintenance and Service Repairs for Generators at City Facilities - Updated Bid Schedule RESPONSE DEADLINE: August 7, 2025 at 3:00 pm
Report Generated: Monday, December 1, 2025
Quinn Company Response

CONTACT INFORMATION
Company:

Quinn Company
Email:
[email protected]
Contact:

Kathryn Christiansen
Address:
10006 Rose Hills Rd
City of Industry, CA 90601
Phone:

N/A
Website:
www.quinncompany.com
Submission Date:

Aug 7, 2025 2:58 PM (Pacific Time)
707
[QUINN COMPANY] RESPONSE DOCUMENT REPORT
NIB No. 2025-NIB-204
Preventative Maintenance and Service Repairs for Generators at City Facilities - Updated Bid Schedule [QUINN COMPANY] RESPONSE DOCUMENT REPORT
PUBLIC WORKS - Preventative Maintenance and Service Repairs for Generators at City Facilities - Updated Bid Schedule

ADDENDA CONFIRMATION
No addenda issued

QUESTIONNAIRE

1. BID ACKNOWLEDGMENT*
To the City of Palm Desert, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260.

1. In response to the Contract Documents for project ID 2025-NIB-204and in accordance with the accompanying Instructions to Bidders, the undersigned hereby proposes to the City to furnish all labor, technical and professional services, supervision, materials and equipment, other than materials and equipment specified as furnished by the City, and to perform all operations necessary and required to construct the Project in accordance with the provisions of the Contract Documents and any addenda thereto, and at the prices stated opposite the respective items set forth in the Bid Schedule.

2. This Bid constitutes a firm offer to the City which cannot be withdrawn for 90 calendar days after the date set for opening of Bids, or until a Contract is executed by the City and a third party, whichever is earlier.

3. The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any addenda thereto; that it has carefully checked all of the words and figures shown in its Bid Schedule; that it has carefully reviewed the accuracy of all statements in this Bid and attachments hereto; and that it understands and agrees that the City will not be responsible for any errors or omissions on the part of the undersigned in preparing this Bid.

4. If awarded a Contract, the undersigned agrees to execute and deliver to the City within ten (10) Days after date of receipt of Notice of Award, a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and Endorsements.

5. All Bid Forms, which have been completed and executed by undersigned Bidder, are incorporated by this reference and made a part of this Bid.
708
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6. The undersigned is hereby representing that it is and will be properly licensed both at the time that it submits a Bid as well as at the time the Contract is awarded, if the Contract is awarded to the undersigned.

A. If Individual Contractor. Undersigned certifies that it is now licensed in accordance with the provisions of the Contractor's License Law of the State of California; or
B. If Joint Venture. Undersigned certifies that the individual members of the joint venture are now licensed in accordance with the provisions of the Contractor's License Law of the State of California.

I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.

Confirmed

2. BID SCHEDULE*
IMPORTANT:

THE ELECTRONIC #BID SCHEDULE MUST BE COMPLETED BY EACH BIDDER AND PROPERLY SUBMITTED ON OPENGOV PROCUREMENT.

FAILURE TO COMPLETE THE BID SCHEDULE WILL RESULT IN AN INCOMPLETE AND NON-RESPONSIVE BID.

THE ELECTRONIC BID SCHEDULE WILL BE INCORPORATED INTO THE CONTRACT DOCUMENTS.

The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work. All blank spaces appearing in the Electronic Bid Schedule must be filled in. Failure to fill in any blank spaces may render the bid non-responsive.

The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the Unit Price.

If the Contract Documents specify Alternate Bid items, the City can choose to include any, all, or none of the Alternate Bid items in the Work. If the City selects any of the Alternate Bid items, the corresponding Alternate Bid prices shall be added to or deducted from Base Bid Price for the Work. The City can award/select Alternate Bid items at any time(s). 709
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I certify that I have read, understood the above statement.

Confirmed

3. DESIGNATION OF SUBCONTRACTORS*
Please download the below documents, complete, and upload. • DESIGNATION_OF_SUBCONTRACTO...

City_of_Palm_Desert_2025_DESIGNATION_OF_SUBCONTRACTORS_(003).docx

4. BIDDER INFORMATION AND EXPERIENCE FORM*
Please download the below documents, complete, and upload. • BIDDER_INFORMATION_AND_EXPE...

City_of_Palm_Desert_2025_BIDDER_INFORMATION_AND_EXPERIENCE_FORM.docx

5. NON-COLLUSION DECLARATION*
The undersigned declares:

I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.

The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. 710
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Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Confirmed

6. PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION* Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information.

No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.

Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:

1. Bidder shall maintain a current DIR registration for the duration of the project.

2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is nonresponsive.

Confirmed

7. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database. 711
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496694
Click to Verify Value will be copied to clipboard

8. CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION* I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Confirmed

9. Fleet Compliance Certification*
I hereby acknowledge that I have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). I hereby certify, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:

The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.

10. Fleet Compliance Documentation*
Please attach supporting documentation for the selection made in the above item.

Quinn_Company_-_2025_CARB_DOORS_Compliance_Certificate.pdf

11. Type of Business*
S Corporation (if corporation, two signatures are required)

12. Type your Legal Company Name Here*
State your Company's Name Here. This will be verified against the California Secretary of State's Website. 712
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Quinn Company
Click to Verify Value will be copied to clipboard

13. How many years has Bidder’s organization been in business as a Contractor? * 25 14. List the Signatory(s) Authorized to Sign and Bind an Agreement.* (If two (2) signatures are required, include the following information for both signatories)

1. Full Name

2. Title

3. Physical Business Address

4. Email Address

5. Phone Number
Corporation (C-Corp): Requires two signatures from authorized officers— one from President or Vice President, and the other from the Secretary or Treasurer.

An alternate signatory may be used if authorized by a Notarized Corporate Resolution or Article of Authority.

LLC: Usually requires one signature from an authorized member or manager. For significant contracts (e.g., over $50,000 for construction or over $25,000 for service agreements), additional approvals or signatures may be required.

Sole Proprietorship, Non-Profit, Single LLC: Only the one signature is necessary.

1. Michelle Locke

2. CRFO

3. 10006 ROSE HILLS ROAD City of Industry, CA 90601

4. [email protected]
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5. (562)463-4060

15. Nondiscrimination Certification*
The City of Palm Desert is committed to promoting equal opportunity in its contracting activities. We ensure that all individuals seeking to do business with the city treat contractors, subcontractors, and employees fairly, without discrimination based on race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, sexual orientation, or membership in any other protected class.

For any purchase exceeding $10,000, vendors must certify compliance with the City’s nondiscrimination policy (G.C. 3.30.200) before contract award. No contract will be awarded until the contractor submits this certification.

By clicking the confirmation box below, the vendor certifies that they have read the code and agree to comply with its requirements.

Failure to comply may result in termination of any agreement entered into with the vendor.

Confirmed

PRICE TABLES
QUARTERLY PREVENTATIVE MAINTENANCE - PM LEVEL 1 MULTIPOINT Include the total quarterly amount for each generator, including: PM Level 1 MultiPoint - (Quarterly) *Parts to be paid at cost noted on submitted receipt(s) plus an allowable mark-up of 15% Line Item Description Serial Number Location Quantity Unit of Measure
Quarterly
Cost
Total
1 Katolite, John Deere 6125HF070L #053954 74-705
42nd
Avenue
1 Generator $2,262.00 $2,262.00
2 Caterpillar 3406 #2WB04221 74-705
42nd
Avenue
1 Generator $2,262.00 $2,262.00
714
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Line Item Description Serial Number Location Quantity Unit of Measure
Quarterly
Cost
Total
3 Caterpillar 3412 #81Z12134 73-510
Fred
Waring
Drive - City
Hall
1 Generator $2,262.00 $2,262.00
4 Cummings DGCA - 5753579 #C060892393 73-200
Mesa View
1 Generator $2,262.00 $2,262.00
5 John Deere / KOHLER 180REOZJG #SGM32K9TH 73750
Catalina
Way
1 Generator $2,262.00 $2,262.00
6 Taylor GR71036 #731360H 73-995
Country
Club
1 Generator $2,301.00 $2,301.00
7 CAT D125GC #CATod125ht9700404 74-705
42nd
Avenue
1 Generator $2,733.00 $2,733.00
8 CAT D100 - 8 #CATOOC44JCN601514 44-400
Town
Center
1 Generator $2,733.00 $2,733.00
TOTAL $19,077.00
ANNUAL PREVENTATIVE MAINTENANCE - PM LEVEL 2 ANNUAL SERVICE Include the total annual cost for each generator, including PM Level 2 Annual Service - (Annually) *Parts to be paid at cost noted on submitted receipt(s) plus an allowable mark-up of 15%
715
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Line Item Description Serial Number Location Quantity Unit of Measure
Annual Cost Total
1 Katolite, John Deere 6125HF070L #053954 74-705
42nd
Avenue
1 Generator $2,607.00 $2,607.00
2 Caterpillar 3406 #2WB04221 74-705
42nd
Avenue
1 Generator $2,508.00 $2,508.00
3 Caterpillar 3412 #81Z12134 73-510
Fred
Waring
Drive - City
Hall
1 Generator $3,340.00 $3,340.00
4 Cummings DGCA - 5753579 #C060892393 73-200
Mesa View
1 Generator $2,063.00 $2,063.00
5 John Deere / KOHLER 180REOZJG #SGM32K9TH 73750
Catalina
Way
1 Generator $2,220.00 $2,220.00
6 Taylor GR71036 #731360H 73-995
Country
Club
1 Generator $2,346.00 $2,346.00
7 CAT D125GC #CATod125ht9700404 74-705
42nd
Avenue
1 Generator $2,628.00 $2,628.00
8 CAT D100 - 8 #CATOOC44JCN601514 44-400
Town
Center
1 Generator $2,397.00 $2,397.00
TOTAL $20,109.00
ANNUAL PREVENTATIVE MAINTENANCE - PM LEVEL 11 ATS INSPECTION 716
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Include the total annual cost for each generator, including: PM Level 11 ATS Inspection - (Annually) *Parts to be paid at cost noted on submitted receipt(s) plus an allowable mark-up of 15%
Line Item Description Serial Number Location Quantity Unit of Measure
Annual Cost Total
1 Katolite, John Deere 6125HF070L #053954 74-705
42nd
Avenue
1 Generator $1,166.00 $1,166.00
2 Caterpillar 3406 #2WB04221 74-705
42nd
Avenue
1 Generator $0.00 $0.00
3 Caterpillar 3412 #81Z12134 73-510
Fred
Waring
Drive - City
Hall
1 Generator $2,664.00 $2,664.00
4 Cummings DGCA - 5753579 #C060892393 73-200
Mesa View
1 Generator $1,166.00 $1,166.00
5 John Deere / KOHLER 180REOZJG #SGM32K9TH 73750
Catalina
Way
1 Generator $1,166.00 $1,166.00
6 Taylor GR71036 #731360H 73-995
Country
Club
1 Generator $1,719.00 $1,719.00
7 CAT D125GC #CATod125ht9700404 74-705
42nd
Avenue
1 Generator $1,719.00 $1,719.00
8 CAT D100 - 8 #CATOOC44JCN601514 44-400
Town
Center
1 Generator $1,719.00 $1,719.00
TOTAL $11,319.00
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ANNUAL PREVENTATIVE MAINTENANCE - PM LEVEL 5 LOADBANK TEST Include the total annual cost for each generator, including: PM Level 5 Loadbank Test - (Annually) *Parts to be paid at cost noted on submitted receipt(s) plus an allowable mark-up of 15%
Line Item Description Serial Number Location Quantity Unit of Measure
Annual Cost Total
1 Katolite, John Deere 6125HF070L #053954 74-705
42nd
Avenue
1 Generator $3,100.00 $3,100.00
2 Caterpillar 3406 #2WB04221 74-705
42nd
Avenue
1 Generator $3,250.00 $3,250.00
3 Caterpillar 3412 #81Z12134 73-510
Fred
Waring
Drive - City
Hall
1 Generator $4,900.00 $4,900.00
4 Cummings DGCA - 5753579 #C060892393 73-200
Mesa View
1 Generator $2,200.00 $2,200.00
5 John Deere / KOHLER 180REOZJG #SGM32K9TH 73750
Catalina
Way
1 Generator $2,300.00 $2,300.00
6 Taylor GR71036 #731360H 73-995
Country
Club
1 Generator $2,150.00 $2,150.00
7 CAT D125GC #CATod125ht9700404 74-705
42nd
Avenue
1 Generator $2,350.00 $2,350.00
8 CAT D100 - 8 #CATOOC44JCN601514 44-400
Town
Center
1 Generator $2,750.00 $2,750.00
718
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Line Item Description Serial Number Location Quantity Unit of Measure
Annual Cost Total
TOTAL $23,000.00

ANNUAL PREVENTATIVE MAINTENANCE - FUEL POLISHING
Include the total annual cost for each generator, including: Fuel Polishing - (Annually) *Parts to be paid at cost noted on submitted receipt(s) plus an allowable mark-up of 15%
Line Item Description Serial Number Location Quantity Unit of Measure
Annual Cost Total
1 Katolite, John Deere 6125HF070L #053954 74-705
42nd
Avenue
1 Generator $1,916.00 $1,916.00
2 Caterpillar 3406 #2WB04221 74-705
42nd
Avenue
1 Generator $1,916.00 $1,916.00
3 Caterpillar 3412 #81Z12134 73-510
Fred
Waring
Drive - City
Hall
1 Generator $1,916.00 $1,916.00
4 Cummings DGCA - 5753579 #C060892393 73-200
Mesa View
1 Generator $1,466.00 $1,466.00
5 John Deere / KOHLER 180REOZJG #SGM32K9TH 73750
Catalina
Way
1 Generator $1,625.00 $1,625.00
6 Taylor GR71036 #731360H 73-995
Country
Club
1 Generator $1,689.00 $1,689.00
719
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Line Item Description Serial Number Location Quantity Unit of Measure
Annual Cost Total
7 CAT D125GC #CATod125ht9700404 74-705
42nd
Avenue
1 Generator $1,881.00 $1,881.00
8 CAT D100 - 8 #CATOOC44JCN601514 44-400
Town
Center
1 Generator $1,881.00 $1,881.00
TOTAL $14,290.00

HOURLY RATES
Line Item Description Quantity Unit of
Measure
Unit Cost Total
9 Standard Hourly Rate 1 Hour $265.00 $265.00
10 After Hours Rate 1 Hour $397.50 $397.50
11 Weekend and Holiday Rate 1 Hour $530.00 $530.00
TOTAL $1,192.50
720

DESIGNATION OF SUBCONTRACTORS
The subcontractor(s) listed below will perform work or labor or render service to the contractor in or about the construction of the work or improvement, or are subcontractors licensed by the State of California who will, under subcontract to the contractor, specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the Contract Documents, in an amount in excess of one-half of one percent (0.5%) of the contractor’s total bid.

Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.

In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing at Section 4100), Part 1, Division 2 of the California Public Contract Code, the Bidder shall set forth below:
(a) The portion of the work to be done by the subcontractor; (b) The name and the location of the place of business; (c) The California contractor license number; and
(d) The DIR public works contractor registration number.

If a Bidder fails to specify a subcontractor or if a Bidder specifies more than one subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself.

Portion of
Work to be
done by
Subcontractor
Percent of
Total Base
Bid
Name of
Subcontractor
Location
of
Business
CSLB
Contractor
License
No.

DIR
Registration
Number
N/A N/A None N/A N/A N/A
721
Portion of
Work to be
done by
Subcontractor
Percent of
Total Base
Bid
Name of
Subcontractor
Location
of
Business
CSLB
Contractor
License
No.

DIR
Registration
Number
(Attach additional sheets if necessary)
722

BIDDER INFORMATION AND EXPERIENCE FORM
A. INFORMATION ABOUT BIDDER
(Indicate not applicable (“N/A”) where appropriate.)
NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.

1.0 Name of Bidder: _Quinn Company_________________________________

2.0 Type, if Entity: _Construction_________________________________________

1. 3.0 Bidder Address: _10006 ROSE HILLS ROAD City of Industry, CA 90601 _____________________________________________________________ _562-463-4718________________________562-463-4000________________ Facsimile Number Telephone Number
[email protected]______________________________________ Email Address

4.0 How many years has Bidder’s organization been in business as a Contractor? __25 years____________________________

5.0 How many years has Bidder’s organization been in business under its present name? __25 years______________________

5.1 Under what other or former names has Bidder’s organization operated? ___N/A____________________________________________

6.0 If Bidder’s organization is a corporation, answer the following:

6.1 Date of Incorporation:
_6/21/1972_______________________________

6.2 State of Incorporation: __California_________________________

6.3 President’s Name: __Parker Quinn ______________________

6.4 Vice-President’s Name(s): _John Haine________________________ _Brian McDaniel_____________________

6.5 Secretary’s Name: _Kris Paluzzi________________________

6.6 Treasurer’s Name: _Michelle Locke______________________ 723

7.0 If an individual or a partnership, answer the following:

7.1 Date of Organization:
__6/21/1972____________________________________

7.2 Name and address of all partners (state whether general or limited partnership):
___N/A________________________________________________________ ___________________________________________________________ ___________________________________________________________

8.0 If other than a corporation or partnership, describe organization and name principals:
_N/A__________________________________________________________ ___________________________________________________________

9.0 What type of work does the Bidder normally perform with its own forces? _Power Services__________________________________________________ ___________________________________________________________

10.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:
__No_________________________________________________________ ___________________________________________________________

11.0 Within the last five years, has any officer or partner of Bidder’s organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:
__No_________________________________________________________ ___________________________________________________________

12.0 List Trade References:
_N/A__________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
724
B. LIST OF CURRENT PROJECTS (BACKLOG)
[**Duplicate Page if needed for listing additional current projects.**] Project Client Reference
(agency
name/contact
info)
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work
725
C. LIST OF COMPLETED PROJECTS – LAST THREE YEARS
[**Duplicate Page if needed for listing additional completed projects.**] Please include only those projects which are similar enough to demonstrate Bidder’s ability to perform the required Work.

Project Client Reference
(agency
name/contact
info)
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work
726
D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:

The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.

1. List each person’s job title, name and percent of time to be allocated to this project:

Valerie Jimenez 100%

2. Summarize each person’s specialized education:

N/A

3. List each person’s years of construction experience relevant to the project:
9 years

4. Summarize such experience:

N/A

Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.
727
E. ADDITIONAL BIDDER’S STATEMENTS:

If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:

N/A

_______

728
January 1, 2025

QUINN COMPANY
2/28/2026
1160
http://www.arb.ca.gov/doors/compliance_cert1.html
2/25/25, 10:43 AM California Air Resources Board: Off-Road Diesel-Fueled Fleets Regulation https://ssl.arb.ca.gov/ssldoors/doors_reporting/perm/php/certificate.php 1/1 729
730

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: December 11, 2025
PREPARED BY: Damian Olivares, Senior Deputy Clerk
SUBJECT: INTRODUCTION OF AN ORDINANCE DELETING SECTION 2.52.555(F)

OF THE PALM DESERT MUNICIPAL CODE TO REMOVE OUTDATED

EMAIL RETENTION PROVISIONS
RECOMMENDATION:

Introduction of an Ordinance entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DELETING SECTION 2.52.555(F) OF THE PALM DESERT MUNICIPAL CODE TO REMOVE OUTDATED EMAIL RETENTION PROVISIONS.” BACKGROUND/ANALYSIS:

On June 12, 2025, the City Council adopted Resolution No. 2025-034, updating the Citywide Records Management Policy, and Resolution No. 2025-035, revising the City’s Records Retention Schedules. Together, these documents establish the current, authoritative retention requirements for all City records.

In contrast, Section 2.52.555 of the Palm Desert Municipal Code still contains legacy emailretention language adopted on March 22, 2012, through Ordinance No. 1234. That ordinance replaced the former Electronic Mail/Internet Policy with the current Technology Usage and Electronic Communications Policy and included a provision in Subsection 2.52.555(F) that reads:
“Retention Period for E-Mails. All e-mails on the city's electronic communication resources will be automatically saved for three years. After this three-year period expires, the messages will be stored on DVD, or similar electronic data storage device, for an additional two years. After this two-year period, all messages will be permanently deleted.”
This provision conflicts with the Citywide Records Management Policy and Records Retention Schedules, which establish a two-year retention period for routine correspondence, including email. To resolve this inconsistency and ensure that email retention is governed exclusively by the Citywide Records Management Policy and Records Retention Schedules, staff recommends removing the outdated retention language in Subsection 2.52.555(F) of the Municipal Code.

Legal Review:

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

ATTACHMENT:

1. Draft Ordinance
731
732
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, DELETING SECTION 2.52.555(F) OF THE PALM

DESERT MUNICIPAL CODE TO REMOVE OUTDATED EMAIL

RETENTION PROVISIONS
City Attorney’s Summary
This ordinance amends the Palm Desert Municipal Code Subsection

2.52.555(F) to delete email retention requirements that conflict with the Citywide Records Management Policy and Records Retention Schedules.

WHEREAS, on March 22, 2012, the City Council adopted Ordinance No. 1234 updating section 2.52.555 of the Palm Desert Municipal Code (PDMC) relating to the City’s Technology Usage and Communication Policy; and
WHEREAS, the email retention provisions in PDMC Section 2.52.555(F) are outdated and inconsistent with the Citywide Records Management Policy and the City’s Records Retention Schedules; and
WHEREAS, the City Council seeks to eliminate inconsistencies within its Municipal Code and ensure email retention in accordance with the Citywide Records Management Policy and Records Retention Schedules.

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

SECTION 1. Recitals. That the foregoing recitals are true and correct and are incorporated herein by this reference
SECTION 2. Amendment to Municipal Code. Subsection 2.52.555(F) of the Palm Desert Municipal Code is hereby deleted in its entirety.

SECTION 3. 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. 733
Ordinance No. _____ Page 2
ADOPTED ON ___________________, 2025.

JAN C. HARNIK
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 _________, 2025, and adopted at a regular meeting of the City Council held on __________, 2025, 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
734

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: December 11, 2025
PREPARED BY: Jason K. Finley, Chief Building Official
SUBJECT: INTRODUCE AN ORDINANCE AMENDING TITLE 15 OF THE PALM DESERT MUNICIPAL CODE TO ADOPT THE 2025 CALIFORNIA

BUILDING STANDARDS CODE BY REFERENCE WITH APPENDICES

AND LOCAL AMENDMENTS AND SCHEDULING A PUBLIC HEARING
RECOMMENDATION:

1. Introduce an Ordinance entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TITLE 15 OF THE PALM DESERT MUNICIPAL CODE TO ADOPT THE 2025 CALIFORNIA BUILDING STANDARDS CODE BY REFERENCE WITH APPENDICES AND LOCAL AMENDMENTS.”

2. Schedule a public hearing and second reading for the City Council meeting of January 8, 2026, at 4 p.m. or as soon thereafter as the matter may be heard.

BACKGROUND/ANALYSIS:

Every three (3) years, the California Building and Standards Commission revises, adopts, and publishes the California Building Standards Law (Health and Safety Code, Division 13, Part 2.5, commencing with Section 18901) and the State Housing Law (Health and Safety Code, Division 13, Part 1.5, commencing with Section 17910). These laws govern and regulate various types of building construction, building uses, energy efficiency, and green, sustainable construction.

Moving from the current 2022 series, the list below identifies the new 2025 model codes:

California Building Standard Code Reference Model Code
2025 California Building Code 2024 International Building Code (ICC) 2025 California Residential Code 2024 International Residential (ICC) 2025 California Mechanical Code 2024 Uniform Mechanical Code (IAPMO) 2025 California Electrical Code 2023 National Electrical Code (NFPA) 2025 California Plumbing Code 2021 Uniform Plumbing Code (IAPMO) 2025 California Fire Code 2021 International Fire Code (ICC) 2025 California Wildland-Urban Interface Code 2024 Wildland-Urban Interface Code (ICC) 2025 California Existing Building Code 2021 International Existing Building Code (ICC) 2025 California Energy Code*
2025 California Green Building Standards*
2025 California Historical Building Code* *California Building and Standards Commission 735
City of Palm Desert
2025 California Model Code Adoption

The codes mentioned above align with the provisions of the California Building Standards Code Triennial Cycle. Adopting these codes will benefit our building and fire officials, inspectors, and plan examiners by providing them with the necessary resources to ensure a clear understanding of their intent, applicability, and enforcement. This ultimately supports the establishment of minimum life, health, and safety standards for all buildings within the City of Palm Desert.

In addition to adopting the 2025 California Model Code Series, the Building and Safety Division recommends reasonable and necessary modifications to address local conditions within the City of Palm Desert. Extreme temperatures, high winds, and the City’s physical proximity to known active earthquake faults are some of the local conditions necessitating these modifications.

Other modifications are administrative or procedural and do not address topics not included in the Code.

The proposed Ordinance adopts the 2025 California Building Standards Code by reference, and repeals and recasts Title 15 of the Palm Desert Municipal Code. These modifications are also in cooperation and collaboration with the City’s Planning and Zoning requirements. Such modifications do not affect minimum safeguards but streamline administrative processes, plan review, and permitting.

Legal Review:

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

FINANCIAL IMPACT:

The cost of implementing, training, and enforcing model code updates has been included in the annual Building and Safety Division budget for FY2025-26 in Account No. 1104420-431200 (Training) and Account No. 1104420-4632000 (Subscriptions and Publications). No other fiscal impact is anticipated to impact the General Fund.

ATTACHMENTS:

1. 2025 Palm Desert Model Code Adoption Ordinance
736
72500.00000\44311242.2
ORDINANCE NO. _________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING TITLE 15 OF

THE PALM DESERT MUNICIPAL CODE, TO ADOPT THE
2025 CALIFORNIA BUILDING STANDARDS CODE WITH

APPENDICES AND LOCAL AMENDMENTS
WHEREAS, pursuant to California Government Code Section 50022.1 et seq. the City of Palm Desert (“City”) may adopt by reference the 2025 California Building Standards Code; and
WHEREAS, California Health & Safety Code Sections 17958.5 and 18941.5 authorize cities to adopt the codes contained in Title 24 of the California Code of Regulations with changes and modifications determined to be reasonably necessary because of local climatic, topographic, or geologic conditions; and WHEREAS, pursuant to Section 50022.1 and California Health & Safety Code Section 17958.5 and 18941.5, the City is considering the adoption of an ordinance, which proposes the adoption by reference of the 2025 California Building Standards Code with the proposed amendments as provided therein; and
WHEREAS, the City desires to adopt the 2025 California Building Standards Code, with necessary amendments to assure Title 15 of the Palm Desert Municipal Code is tailored to the particular needs of the City as required by local climatic, topographic, and geologic conditions and assure that a maximum level of building and fire protection is provided to residents, businesses, and other occupants; and WHEREAS, extreme temperatures, high winds, and the City’s physical proximity to known active earthquake faults are some of the local conditions necessitating these modifications, while other modifications are reasonably necessary to safeguard life and property within the City or are administrative; and
WHEREAS, the City held a public hearing on January 8, 2026, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the California Building Standards Code as amended herein; and WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on __________, 202_ and ___________, 202_; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.
737
Ordinance No. _____ Page 2
2 THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The above recitals are true and correct and hereby incorporated into this Ordinance.

SECTION 2. Authority. The City Council enacts this Ordinance under the authority granted to the City as follows:
(A) California Government Code Section 50022 et seq. authorizes the City to adopt by reference the California Building Standards Code and authorizes the City to adopt other uniform codes by reference; and
(B) California Health & Safety Code Section 17958.7 and 18941.5 authorize the City to adopt the California Building Standards Code with modifications determined to be reasonably necessary because of local climatic, geological, or topographical conditions.

SECTION 3. Findings. The City Council hereby finds that the proposed amendments to the 2025 California Building Standards Code are more restrictive than the standards adopted by the California Building Standards Commission, and are reasonably necessary because of local climatic, geological, or topographic conditions, based on the express findings and determinations, marked in relation to the respective amendments provided in this ordinance, described in Exhibit A attached hereto, and hereby adopted by the City Council as the findings to support the modifications to the California Building Standards Code. In addition, the City Council finds that the changes or modifications are substantially equivalent to changes or modifications that were previously filed by the City Council of the City of Palm Desert and were in effect as of September 30, 2025, and/or relate to home hardening.

SECTION 4. Repeal and Recast. Title 15, Building and Construction, of the Palm Desert Municipal Code is hereby amended, repealed, and recast in its entirety, as provided in Exhibit B, attached hereto and incorporated herein by reference.

SECTION 5. Repeal of Conflicting Ordinances. All former ordinances or portions of ordinances conflicting or inconsistent with the provisions of this ordinance, and any other ordinance in conflict herewith are hereby repealed to the extent of such conflict.

SECTION 6. Severability. The provisions of this Ordinance are severable, and the invalidity, unenforceability, or unconstitutionality of any section, portion, or part of this Ordinance shall not affect the validity of the remainder of the Ordinance.

SECTION 7. CEQA. The City Council hereby finds and determines that it can be seen with certainty that there is no possibility that this Ordinance may have a significant adverse effect on the environment, since it adopts updated building and safety standards, which the City had previously adopted in substantial form. Thus, the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines. 738
Ordinance No. _____ Page 3
3 SECTION 8. Publication. Within fifteen (15) days after its passage and adoption, the City Clerk shall cause a copy of this Ordinance to be published or posted in accordance with the provisions of Government Code Section 36933.

SECTION 9. Effective Date. This ordinance shall take effect thirty days after its adoption.

PASSED, APPROVED, AND ADOPTED this ____ day of __________, 2026. ________________________________
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 December 11, 2025, and adopted at a regular meeting of the City Council held on___________ , 2025, 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
739
Ordinance No. _____ Page 4
4 EXHIBIT A
Findings to Support Amendments to the
2025 Edition of the California Building Standards Code
To the extent that changes and modifications to the 2025 California Building Standards Code in this ordinance are deemed more restrictive than the standards contained in the 2025 California Building Standards Code thus requiring that findings be made pertaining to local climatic, geological, or topographical conditions to justify such modifications. All new proposed local amendments relate to home hardening and/or are necessary as emergency standards to protect health and safety. The City Council hereby finds and determines as follows:

A. Extreme surface temperatures common in the lower desert areas exceed 160° Fahrenheit, deteriorate and dry out buildings’ materials, and our high winds create extreme fire conditions, which are detrimental to the general public.

B. Palm Desert experiences and sustains temperatures exceeding 100° Fahrenheit in the summer months. Severe Santa Ana Winds can reach gusts of 90 miles per hour. The adverse climatic conditions increase the likelihood of fire and wind damage to all buildings and vegetation.

C. Riverside County has an arid climate with annual rainfall varying from three inches in Blythe to over thirty-three inches in Pine Cove. The County also experiences annual hot, dry Santa Ana Winds, which contribute to fires spreading quickly throughout the County.

D. A variety of regions exist within Riverside County, including deserts, mountains, brush-covered wild lands, the Salton Sea, and agricultural lands. Additionally, elevations within Riverside County range from 300 feet below sea level to mountains over 10,000 feet. The variety of regions contributes to an increased emergency response time, necessitating cooperation between local agencies.

E. Riverside County contains a large number of sensitive habitats for various species and vegetation, consists of large open space areas between major urban centers, and includes landscapes varying from mountains and hills to valleys and deserts.

These conditions impact the location of buildings and structures, which impedes emergency access and response.

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

G. Two major earthquake faults, the San Andreas Fault and the San Jacinto Fault, bisect Riverside County, and numerous minor faults exist throughout it. As a result, a substantial number of properties and people located in Riverside County 740
Ordinance No. _____ Page 5
5 are likely to be impacted by earthquakes and will require emergency response and rescue.

H. Every three years, the State of California adopts the California Building Standards Code, which becomes effective 180 days after publication by the California Building Standards Commission.

I. The City of Palm Desert may establish more restrictive standards that are reasonably necessary to provide fire protection for life and property because of the following local climatic, geological, or topographical conditions.

J. In addition to earthquakes, a substantial number of properties and people located in Riverside County are likely to be impacted by landslides, wind erosion, blown sand, flooding, and wildfires because of the County’s unique climatic, geological, and topographical conditions.

K. The additional requirements included herein are necessary to properly protect the health, safety, and welfare of the residents and workers of Riverside County and the City of Palm Desert.

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

M. California Health and Safety Code Sections 17958.7 and 18941.5 require that the modification or change be expressly marked and identified as to which each finding refers. The following table outlines the 2025 California Building Standards Code or uniform code sections that have been modified, along with the associated local climatic, geological, and/or topographical conditions described above that support the modification.

I. Climatic Conditions:

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

II. Topographical conditions
A variety of regions exist within Riverside County, including deserts, mountains, brushcovered wild lands, the Salton Sea, and agricultural lands. Additionally, elevations within Riverside County range from three hundred (300) feet below sea level to mountains over ten thousand (10,000) feet. The variety of regions contributes to an increased emergency response time, necessitating cooperation between local agencies. 741
Ordinance No. _____ Page 6
6 Riverside County contains a large number of sensitive habitats for various species and vegetation, consists of large open space areas between major urban centers, and features landscapes that vary from mountains and hills to valleys and deserts. These conditions impact the location of buildings and structures, which impedes emergency access and response.

Riverside County extends from Orange County to the Arizona border and is characterized by a mix of congested urban areas, rural lands, and wild lands, which can increase response times for the Riverside County Fire Department to emergencies.

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

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

In addition to earthquakes, a substantial number of properties and people located in Riverside County and the City of Palm Desert are likely to be impacted by landslides, wind erosion, blown sand, flooding, and wildfires because of the County’s unique climatic, geological, and topographical conditions.
2025 Local Amendments
California Health and Safety Code Sections 17958.7 and 18941.5 require that the modification or change be expressly marked and identified as to which each finding refers.

Therefore, the City Council finds that the following table sets forth the Code sections that have been modified, along with the associated local climatic, geological, and/or topographical conditions described above, which support the modification. 2025 BUILDING

CODE SECTION TITLE/SUBJECT FINDINGS I, II, III
103.1 Creation of an enforcement agency. Administrative 105.2, Item 1 One-story detached light-framed accessory structures
Administrative
105.2, Item 2 Walls and Fences Administrative
105.2, Item 4 Retaining Walls Administrative
105.2 Request for extension Administrative
742
Ordinance No. _____ Page 7
7 2025 BUILDING

CODE SECTION TITLE/SUBJECT FINDINGS I, II, III
105.5 Expiration of building permit. Administrative
105.8 Permit issuance restrictions. Administrative
110.3.6 Lath and Gypsum Panel Production Inspection Administrative 110.3.13 Reinspections. Administrative
111.3 Temporary Occupancy. Administrative
111.4 Revocation. Administrative
113 Building Board of Appeals. Administrative
114.4 Violation Penalties. Administrative
1203.1 Equipment and systems – Air Conditioning Req’d I, III 3109.2.1 Drowning prevention safety features. Administrative 2025

RESIDENTIAL

CODE SECTION

TITLE/SUBJECT FINDINGS I,

II, III
R105.2, Item 1 One-story detached light-framed accessory structures.

Administrative
R105.2, Item 2 Walls and Fences Administrative
R105.2, Item 4 Work exempt from permit. Administrative
R112 Board of Appeals. Administrative
R113.4 Violation Penalties. Administrative
R301.1.3.2 Woodframe Structures. Administrative
R318.1 Means of Egress. I, II, & III
R325 Light, Ventilation, Heating, and Air Conditioning I, III R325.10 Required Air Conditioning. I, III
2025

MECHANICAL

CODE SECTION

TITLE/SUBJECT FINDINGS I,

II, III
104.3.2 Plan Review Fee - Deletion of Paragraph Administrative 104.5 Fees. Administrative
105.2.6 Reinspection fee. Administrative
2025

ELECTRICAL

CODE SECTION

TITLE/SUBJECT FINDINGS I,

II, III
Table 300.5(A) Location of Wiring Method or Circuit under a building. I, II, & III
743
Ordinance No. _____ Page 8
8 2025 PLUMBING

CODE SECTION TITLE/SUBJECT FINDINGS I, II, III
104.3.2 Plan Review Fees – Deletion of Paragraph Administrative 104.5 Fees. Administrative
105.2.6 Reinspection fee. Administrative
2025 CWUIC

CODE SECTION TITLE/SUBJECT FINDINGS I, II, III
102.4.1.1 Application of the California Wildland-Urban
Interface Code Administrative
104.1.1 Authority of the Fire Chief and Fire Department Administrative 104.2 Determination of Compliance Administrative
104.8 and 104.8.1 Liability Administrative
105.2 Permits Required Administrative
108.2 Schedule of Permit fees Administrative
108.7 Cost Recovery Administrative
109.3.7 Violation and Penalties Administrative
202 Fire Chief Administrative
302.1.1 Designation of Fire Hazard Severity Zones. Administrative 501.1 Scope I, II, & III
602.1 General I, II, & III
602.3.2 Final Fire Protection Plan I, II, & III
603.1 General I, II, & III
603.3 Landscape and Fuel Modification plans I, II, & III 603.3.1 Contents I, II, & III
604.1 General I, II, & III
604.3 Requirements I, II, & III
604.3.1 Retroactivity I, II, & III
604.6 Clearance of brush, vegetative growth, and
combustible material from improved parcels I, II, & III 604.7 Clearance of fuels or vegetative growth from
structures I, II, & III
604.7.1 Structures I, II, & III
604.7.2 Timing for New Buildings and additions to Existing Buildings I, II, & III
604.7.3 Photovoltaic Systems I, II, & III
604.8 Defensible Space clearance zones and
requirements I, II, & III
604.8.1 Requirements I, II, & III
604.8.2 Zone 0 purpose and location I, II, & III
604.8.2.1 Non-Combustible Zone 0 for New Buildings, I, II, & III 744
Ordinance No. _____ Page 9
9 2025 CWUIC

CODE SECTION TITLE/SUBJECT FINDINGS I, II, III
additions to Existing Buildings, and new or
replacement landscape
604.8.2.2 Additional requirements in Zone 0 I, II, & III 604.8.2.3 Zone 0 requirements for Existing Buildings I, II, & III 604.8.2.3.1 Zone 0 restrictions I, II, & III
604.8.3 Zone 1 purpose and location I, II, & III
604.8.3.1 Requirements and allowable items I, II, & III 604.8.4 Zone 2 purpose and location I, II, & III
604.8.4.1 Requirements and allowable items I, II, & III 604.8.4.2 Spacing I, II, & III
604.8.5 General requirements for Zone 0, 1, and 2 I, II, & III 604.8.5.1 Dead and dying vegetation I, II, & III
604.8.5.2 Mulch and wood chips within Zones 1 and 2 I, II, & III 604.8.5.3 Firewood I, II, & III
604.8.5.4 Clearance from chimney, stovepipe I, II, & III 604.8.5.5 Trees I, II, & III
604.8.5.5.1 Tree spacing I, II, & III
604.8.5.5.2 Ground clearance of trees I, II, & III
604.8.5.5.3 Ground cover under tree canopy I, II, & III 604.8.5.6 Continuous tree canopies I, II, & III
604.8.5.6.1 New Structures I, II, & III
604.8.5.6.2 Existing Structures I, II, & III
604.8.5.7 Grasses I, II, & III
604.9 Fire protection equipment and utilities I, II, & III 604.10 Planting vegetation under or adjacent to energized electrical lines I, II, & III
604.11 Fencing I, II, & III
604.11.1 Scope I, II, & III
604.11.2 New Fencing I, II, & III
604.11.3 Existing Fencing I, II, & III
607.1 General I, II, & III
607.1.1 Combustible Materials I, II, & III
607.2 Storage for off-site use I, II, & III
608.1.1 Restricted development setbacks I, II, & III
608.2 General I, II, & III
608.2.1 Setback reduction I, II, & III
609.2.7.1 Greenbelts I, II, & III
609.2.7.2 Access to Greenbelts I, II, & III
A102.1 General I, II, & III
A105.1 General I, II, & III
A105.4 Combustible Materials I, II, & III
745
Ordinance No. _____ Page 10
10 2025 CWUIC Local Amendment Justification/Statement of Reason Building Standards Law allows local amendments in accordance with the following:

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

CWUIC Chapter 1 – Administration:

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

Section 104.1.1: Similar to the existing Ordinance 747 amendment to the Fire Code, this section ensures that enforcement capability be disseminated to other law enforcement entities within the Riverside County area because of its vast topography and diversity.

This gives the Riverside County Fire Department greater enforcement capabilities due to the presence of these other agencies across the County of Riverside.

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

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

Section 105.2: This new amendment to CWUIC Section 105.2 adds an additional permit item for “Landscape and Fuel Modification Zones.”
Section 108.2: This amended section is similar to the previous adoption for the Fire Code.

This amendment is necessary to identify that fees are in accordance with Palm Desert fee schedule.

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

Section 109.3.7: This amended section is similar to the previous adoption for the fire code provisions. Previous adoption requires punishments and penalties for violations to be in accordance with Health and Safety Code Sections 17995 through 17995.5. 746
Ordinance No. _____ Page 11
11 CWUIC Chapter 2 – Definitions:

Section 202: This new amendment is similar to the previous adoption for the Fire Code.

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

CWUIC Chapter 3 – Wildland-Urban Interface Areas:

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

CWUIC Chapter 5 – Special Building Construction Requirements:

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

CWUIC Chapter 6 – Fire Protection Requirements:

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

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

Section 603.1: A new amendment to Section 603.1 to include a reference to replacement landscaping. This amendment is necessary due to climatic, topographical, and geological conditions in Palm Desert.
747
Ordinance No. _____ Page 12
12 Section 603.3: A new amendment to Section 603.1 to require Landscape and Fuel Modification Plans for any project in a Wildland-Urban Interface Area. This amendment is necessary due to climatic, topographical, and geological conditions in Palm Desert.

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

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

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

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

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

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

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

Section 604.7.2: A new Section 604.7.2 is added to the CWUIC to provide a timeline for the clearance of fuels or vegetative growth from structures. This amendment is necessary due to climatic, topographical, and geological conditions in Palm Desert. 748
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13 Section 604.7.3: A new Section 604.7.3 is added to the CWUIC to delineate the vegetation clearance requirements around freestanding photovoltaic systems in the wildland-urban interface area. This amendment is necessary due to climatic, topographical, and geological conditions in Palm Desert.

Section 604.8: A new Section 604.8 is added to the CWUIC to indicate the three defensible space zones. This amendment is necessary due to climatic, topographical, and geological conditions in Palm Desert.

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

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

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

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

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

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

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

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

Section 604.8.4: A new Section 604.8.4 is added to the CWUIC to indicate the purpose and location of Zone 2. This amendment is necessary due to climatic, topographical, and geological conditions in Palm Desert.
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14 Section 604.8.4.1: A new Section 604.8.4.1 is added to the CWUIC to indicate the requirements and allowable vegetation in Zone 2. This amendment is necessary due to climatic, topographical, and geological conditions in Palm Desert.

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

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

Section 604.8.5.1: A new Section 604.8.5.1 is added to the CWUIC requiring the removal of all dead or dying grass, plants, shrubs, trees, branches, leaves, weeds, and tree needles within Zone 0, 1, and 2. This amendment is necessary due to climatic, topographical, and geological conditions in Palm Desert.

Section 604.8.5.2: A new Section 604.8.5.2 is added to the CWUIC requiring the use of combustible mulch and wood chips shall be in accordance with the requirements of Riverside County Fire Department Guidelines within Zones 1 and 2. This amendment is necessary due to climatic, topographical, and geological conditions in Palm Desert.

Section 604.8.5.3: A new Section 604.8.5.3 is added to the CWUIC indicating the requirements for firewood within Zones 0, 1, and 2 are found in Section 607 of the code.

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

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

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

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

Section 604.8.5.5.2: A new Section 604.8.5.5.2 is added to the CWUIC addressing the ground clearance requirements for trees within Zones 0, 1, and 2. This amendment is necessary due to climatic, topographical, and geological conditions in Palm Desert. 750
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15 Section 604.8.5.5.3: A new Section 604.8.5.5.3 is added to the CWUIC addressing the ground cover under tree canopies within Zones 0, 1, and 2. This amendment is necessary due to climatic, topographical, and geological conditions in Palm Desert.

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

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

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

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

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

Section 604.10: A new Section 604.10 is added to the CWUIC prohibiting vegetation planted under or adjacent to energized power lines that, at maturity, will grow within 10 feet of the energized conductors within a wildland-urban interface area. This amendment is necessary due to climatic, topographical, and geological conditions in Palm Desert.

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

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

Section 604.11.2: A new Section 604.11.2 is added to the CWUIC to require new fencing and gates to be constructed of a non-combustible material in a wildland-urban interface 751
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16 area. This amendment is necessary due to climatic, topographical, and geological conditions in Palm Desert.

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

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

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

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

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

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

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

Section 609.2.7.1: A new amendment to Section 608.2.7.1 of the CWUIC addressing the approval of greenbelt locations within a wildland-urban interface area. This amendment is necessary due to climatic, topographical, and geological conditions in Palm Desert. 752
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17 Section 609.2.7.2: A new amendment to Section 608.2.7.2 of the CWUIC addressing the access points to proposed greenbelt locations for subdivisions and other developments within a wildland-urban interface area to allow for on-going maintenance and firefighter access. This amendment is necessary due to climatic, topographical, and geological conditions in Palm Desert.

CWUIC Appendix A – General Requirements:

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

Section A105.1: A new amendment to Section A105.1 of the CWUIC adding a reference for the storage and use of materials to Chapter 6 of the Wildland-Urban Interface Code.

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

Section A105.4: A new amendment to Section A105.4 of the CWUIC adding a reference for the outside storage and use of combustible materials to the applicable fire code sections. This amendment is necessary due to climatic, topographical, and geological conditions in Palm Desert.
2025 FIRE CODE

SECTION

TITLE/SUBJECT

FINDINGS/

JUSTIFICATIONS
101.4 Severability Administrative
102.5 Application of Residential Code I, II & III
102.13.1 Application of the California Wildland-Urban
Interface Code Administrative
104.1.1 Authority of the Fire Chief and Fire Department Administrative 104.2 Determination of compliance Administrative
104.8 and 104.8.1 Legal defense Administrative
104.12
Authority of the Fire Chief to Close Hazardous Fire
Areas Administrative
108.2 Schedule of Permit Fees Administrative
108.7 Cost Recovery Administrative
112.1 Board of Appeals Established Administrative
113.4 Violation and Penalties Administrative
202 Definitions Administrative
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18 308.1.7 Sky Lanterns or Similar Devices I, II, & III 503.1.2.1 Remoteness I, II, & III
503.2.1 Dimensions Administrative
503.2.2 Authority Administrative
503.6.1 Automatic Opener Administrative
503.7 Loading Areas and Passenger Drop-Off Areas Administrative 507.5.7 Fire Hydrant Size and Outlets I & II
507.5.8 Fire Hydrant Street Marker I, II, & III
508.1 General I, II, & III
508.1.1 Location and Access I, II, & III
508.1.3 Size I, II, & III
509.2.1 Minimum Clearances I & II
608.11.1.2 Manual Operation II & III
903.2 Where Required I, II, & III
903.3.5.3 Hydraulically Calculated Systems I & II
904.2.2.1 Activation of the Fire Alarm System Administrative 3206.4.2 Minimum Requirements for Client Leased or
Occupant Owned Warehouses Administrative
4107 Mobile Food Preparation Vehicles Administrative
4107.1 General Administrative
4107.2 Maintenance Administrative
4107.2.1 Exhaust system Administrative
4107.2.2 Fire protection systems and devices Administrative 4107.2.3 Fuel gas systems Administrative
5608.2 Fallout Area I, II, & III
Appendix B,
B103.2.1 Wildland-Urban Interface Area Subdivisions I, II, & III Appendix B, Table
B105.2
Required Fire-Flow For Buildings Other Than OneAnd Two-Family Dwellings, Group R-3 And R-4 Buildings And Townhouses

I, II, & III
Appendix C,
C103.1 Hydrant Spacing I, II, & III
The remainder of the amendments not listed in this Section are necessary for administrative clarification, and do not modify a building standard pursuant to California Health & Safety Code Sections 17958, 17958.7, and/or 18941.5. They establish administrative standards for the effective enforcement of the building standards in the City of Palm Desert.
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19 2025 CFC Local Amendment Justification/Statement of Reason Building Standards Law allows local amendments in accordance with the following:

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

CFC Chapter 1 – Scope and Administration:

Section 101.4: This section is carried over from the existing previous adoption. This section resolves any conflict with the fire code provisions. Palm Desert maintains its own severability clause and does not adopt the fire code text.

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

Section 102.13.1: New section added to Section 102.13 to clarify that where a conflict exists between the provisions of the Riverside County Fire Code and the California Wildland-Urban Interface Code, the provisions of the Fire Code shall apply.

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

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

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

Section 104.12: This section is carried over from the existing previous adoption and grants authority to the Fire Chief, in cooperation with the Board of Supervisors, to close hazardous fire areas.
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20 Section 108.2: This section is carried over from the previous adoption and relocated to the fees section of the Fire Code Section 108.2. This amendment is necessary to identify that fees are in accordance with Palm Desert fee schedules.

Section 108.7: This section is carried over from the previous adoption and relocated to the fees section of the fire code. This section is maintained in accordance with Health and Safety Code 13009 and 13009.1, and Government Code 53150, et seq. for cost recovery.

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

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

CFC Chapter 2, Section 202 – Definitions:

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

CFC Chapter 3 - General Requirements
Section 308.1.7: This section is carried over from previous adoption. This section is amended to prohibit sky lanterns and similar devices. The California State Fire Marshal's office issued Information Bulletin 12-005 indicating that there is a serious fire and safety hazard associated with sky lanterns, which include the potential to start an unintended fire on or off the property from which they are released. They are known to travel significant distances from the point of release. The National Association of State Fire Marshals Resolution 2013-3 recommends imposing State level bans on their sale and use. Multiple fires have been reported to be linked to the use of sky lanterns including, but not limited to, a recycling plant fire in Smethwick, England which caused approx. $9M in damage and a wildfire in Shell Beach on the mountain above Pirates Code in San Luis Obispo County, CA. This is similar to the existing amendment by Orange County Fire Authority.
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21 CFC Chapter 5 – Fire Service Features
Section 503.1.2.1: This is a new section added to be consistent with the operational needs where two points of fire access are required as identified in the Riverside County Fire Department – Commercial Access Guidelines and is consistent with Appendix D of the International Fire Code.

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

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

Section 503.6.1: This section is carried over from the previous adoption. This section provides fire department and other emergency responders more rapid access to facilities with motorized gates. Underwriters Laboratory (UL) “determined that fires today are more dangerous and pose more risks than in the past. Fire propagation is faster, and time to flashover, escape times and collapse times are all shorter” (UL Fire Safety Journal Issue 1). Placing our first responders on scene sooner or without disruption will provide for greater occupant and firefighter safety, and assist in property protection and medical emergencies.

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

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

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

Sections 508.1, 508.1.1, and 508.1.3: These sections are carried over from the previous adoption. These sections have been amended to require fire command centers for structures larger than 300,000 square feet in size. To put into context, the Fire Command Center would be triggered when the buildings are approximately 2.5 times the typical Costco Warehouse store and approximately two times the size of a typical Walmart Supercenter. Large structures of this size pose numerous challenges to emergency responders due to the large amounts of fuel loads from the storage, manufacturing and/or processing of flammable/combustible commodities and other processes within the building. Challenges include wide distribution of smoke throughout the structure, difficulty 757
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22 for firefighters to locate and reach the fire and difficulty in search and evacuation of the public, employees and firefighters. These structures typically require numerous fire protection, early suppression and detection systems that may include, but are not limited to, fire pumps, multiple fire sprinkler systems, advanced fire alarm systems, smoke control systems, and refrigeration gas detection system(s). During a fire, the incident commander must have the ability to readily identify the status of the various suppression and detection systems and have access to other building information details that may include, but are not limited to, building floor plans, high-pile/rack storage details, smoke control/ventilation systems, fire sprinkler zoning details, mechanical refrigeration equipment and piping details, and hazardous materials data sheets along with quantities and storage/use locations. A fire command center provides a centralized location for the incident commander to review details about the building and the incident and to effectively coordinate emergency responders and suppression activities with increased efficiency and speed. The Riverside County Fire Department has experienced several incidents in buildings with and without Fire Command Centers. Incident Commanders found that having detailed information on built in fire protection systems and controls, building schematics and hazardous materials storage plans were vital towards mitigating the event. When this information was not available, firefighting personnel were forced to operate upon assumptions and much less information. In addition, this increased efficiency and speed results in facilities returning to operation more expeditiously after incidents or false alarms thereby reducing loss of revenue for the business.

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

CFC Chapter 6 – Building Services and Systems
Section 608.11.1.2: This section is carried over from the previous adoption. This section specifies the location of manual crossover valves when manual operation is required by the Fire Code Official. The amendment specifies that the manual valves shall be located in an approved location immediately outside of the machinery room, in a secure metal box or equivalent and marked as Emergency Controls. This is to ensure that the valves are in readily accessible location(s) for access during an emergency.

CFC Chapter 9 – Fire Protection and Life Safety Systems Section 903.2: This section is carried over from the previous adoption with modification.

Modifications have been made to provide certain exemptions including, but not limited to, fueling canopies and agricultural and greenhouse Group U structures constructed in accordance with the California Building Code and specific shade structures. An additional sprinkler requirement has been added to include changes in use to existing structures greater than 3,600 sq. ft., and additions to existing structures where the new square footage is greater than 3,600 sq. ft.
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23 The existing amendment provides a base square footage requirement for all new commercial, industrial, and residential occupancies other than one- and two-family dwellings. Though the amendment includes a reference to the requirement for one- and two-family dwellings, the authority for residential fire sprinkler requirements for these occupancies resides in Title 24, Part 2.5 [2025 California Residential Code].

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

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

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

The California Residential Code requires that all one and two family dwellings be protected by sprinklers. It is still imperative, based on the geographical, topographical, climatic diversity of Palm Desert, to continue to protect all structures greater than 3,000 sq. ft. by fire sprinklers, to ensure faster fire suppression/control to those occupancies that would not normally be required to be protected which would exhaust a number resources including water which climatically is so precious to our environment as a whole.

It will provide for less run off into ground water due to suppression activities and less 759
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24 pollutants into the environment. It will reduce the risk of a structure fire extending outside of the structure and potentially igniting a wildland fire.

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

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

AWWA Research Foundation has published the following report: Impact of Fire Flow on Distribution System Water Quality, Design, and Operation. This report concludes the following:
“Water-efficient fire suppression technologies exist that use less water than conventional standards. In particular, the universal application of automatic sprinkler systems provides the most proven method for reducing loss of life and property due to fire, while at the same time providing faster response to the fire and requiring significantly less water than conventional fire-fighting techniques. It is recommended that the universal application of automatic fire sprinklers be adopted by local jurisdictions.” Consider the benefits: a single firefighter using a normal 1-1/2” fire hose can be applying between 175-400 gallons of water per minute when attempting to extinguish a fire. On the 760
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25 other hand, a single fire sprinkler will be flowing only 18- to 40- gallons of water per minute. This means that over a 5-minute period, the following quantities of water are used:

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

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

CFC Chapter 32 – High-Piled Combustible Storage
Section 3206.4.2: This section is carried over from the previous adoption and relocated to the automatic sprinkler section within Chapter 32 of the Fire Code. By requiring client leased or occupant owned warehouses to have a technical report completed by a registered engineer, it will minimize problems concerning commodity and sprinkler protection. By having an engineer complete a technical report for the proposed or existing building it will provide greater certainty that adequate protection for the commodities that are proposed will be sufficient. By not having adequate sprinkler protection, it could be detrimental to the building and could also cause loss of life in the event of a fire.

Geographically this can be a significant problem due to the seismic activity that Palm Desert experiences. The Engineer can assess the adequate protection for the correct commodity classifications, ensure the correct seismic provisions are in place for the type of system to be installed, and provide a professional assurance to a very volatile type of occupancy. It takes a vast number of resources to extinguish a fire of this type. By adding this requirement, it will ensure an added level of safety. Modifications have been made to provide clarification that certain reference documents are not required.

CFC Chapter 41 – Temporary Heating and Cooking Operations Section 4107: A new Section 4107, including Sections 4107.1 through 4107.2.3 is added to the Fire Code to provide the fire department with the authority to inspect Mobile Food Preparation Vehicles during special events. This section was removed from the CFC due to conflict in regulations, however HCD agrees that there would be an expectation for fire marshals to have jurisdiction over safety inspections (especially for fire protection 761
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26 equipment and systems’ inspections, testing and maintenance), for participating SPCM MFF during special events requiring CFC 105.6 operational permits (such as Carnivals and Fairs, Exhibits and Trade Shows, or local codified “Special Events” …). See BSC TP-106 (Rev. 10/20) Initial Statement of Reasons June 21, 2021 Rulemaking File SFM 06/21 – Part 9 – 2021 Triennial Code Cycle.

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

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

Table B105.2 of Appendix B: This amendment is carried over from the previous adoption. This allows the fire department to still have adequate fire flow mitigation with sprinkler protection and not jeopardize main distribution systems by inadequately under sizing them and have costly upgrades for future projects. With the geographical diversity that Palm Desert has it is important that this requirement be added to ensure adequate water in the event of a fire.

CFC Appendix C – Fire Hydrant Locations and Distribution Section C103.1 of Appendix C: This provision is carried over from the previous adoption.

This provision is to clarify the additional location of fire hydrants to be at intersections.

This requirement has been standard policy within Palm Desert and Riverside County. 762
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27 EXHIBIT B
TITLE 15

BUILDING AND CONSTRUCTION
Chapters:

15.02 Administration

15.04 Building Code

15.06 Residential Code

15.08 Mechanical Code

15.10 Electrical Code

15.12 Plumbing Code

15.14 Energy Code

15.16 Wildland Urban-Interface Code
(Previously Solar PV Code – Replaced)

15.17 Small Residential Rooftop Solar Energy System Permitting (Previously - Residential Solar PV Permits - Renamed)

15.18 Green Building Standards Code

15.20 Historical Building Code

15.22 Housing Code

15.24 Existing Building Code

15.26 Fire Code

15.28 Address Numbering

15.30 Construction Site Security

15.32 Moved Buildings and Temporary Structures

15.34 Safety Assessment Placards

15.36 Streamlined Electric Vehicle Charging Stations
(Previously - Electric Vehicle Charging Stations – Renamed)

15.38 Demolition of Buildings and Structures
763
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28 CHAPTER 15.02

ADMINISTRATION
Sections:

15.02.010 Adoption of Chapter 1, Division II, of the California Building Code.

15.02.020 Amendments to Chapter 1, Division II, Scope and Administration.

15.02.010 Adoption of Chapter 1, Division II, of the California Building Code.

Except as provided in this chapter, the entirety of Chapter 1, Division II, of the California Building Code, Title 24, Part 2 of the California Code of Regulations, 2025 Edition, as developed by the State of California, based on the 2024 International Building Code as published by the International Code Council, is adopted by reference shall become the administrative provisions of the City of Palm Desert for regulating the construction, erection, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use and occupancy and maintenance of all buildings and/or structures in the city. The California Building Code, along with its adopted appendices and amendments, will be available for public examination in the offices of the Building Official.

15.02.020 Amendments to Chapter 1, Division II, Scope and Administration.

IV. Section 103.1 is amended to read as follows:
103.1 Creation of enforcement agency. The City of Palm Desert Building and Safety Division is hereby created, and the official in charge thereof shall be known as the Chief Building Official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.

B. Section 105.2 is amended by modifying Item 1 under Building, to read as follows:

1. One-story detached light-framed structures accessory to a Group R-3 or U occupancy used as tool and storage sheds, playhouses, trellis structures, gazebos, arbors, greenhouses, and similar uses where the gross floor area does not exceed 120 square feet as measured to the outside walls or support posts. It is permissible that these structures still be regulated by Part 7, the California Wildland UrbanInterface Code, despite the exemption from a permit.

C. Section 105.2 is amended by modifying Item 2 under Building, to read as follows:

2. Wood, vinyl, or open wrought iron fences; block walls, pilasters, and gravity interlocking walls, that are not over 3 feet 6 inches (1,066.8 mm) high and not associated with a swimming pool or spa safety barrier. The City’s Planning Division must approve the location and materials despite the exemption from a permit. 764
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29 V. Section 105.2 is amended by modifying Item 4 under Building, to read as follows:

4. Retaining walls of any type that are not over 3 feet 6 inches (1,066.8 mm) in height measured from the top of the footing to the top of the wall, unless supporting a structure or landscaping surcharge or impounding Class I, II, or IIIA liquids. The City’s Planning Division must approve the location and materials of all retaining walls despite the exemption from a permit.

E. Section 105.3.2 is amended to add a paragraph to the section that reads as follows:

A request for an extension after the application expiration date will be subject to any newly adopted laws, ordinances, and regulations that have become effective since the original application date.

F. Section 105.5 and 105.5.1 are amended to read as a single section as follows:
105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended, abandoned, or without progress at time after the work is commenced for a period of 12 months after the time the work commenced. Progress shall further be defined as obtaining approval of one or more inspections required in accordance with Section 110 of this code.

Prior to a permit's expiration, the building official may grant, in writing, an extension of time for a period not to exceed 180 days. However, no permit shall be extended such that its term exceeds two years from the date of issuance, unless showing significant cause for the building official to review.

Where a permit has expired, a new permit shall be required, and the reactivation fee shall be 1/2 the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such expiration has not exceeded one year.

Exception: Permits related to a code enforcement action may be set for expiration dates of less than 180 days and are subject to the discretion of the building official.

G. Section 105.8 is added and reads as follows:
105.8 Permit issuance restrictions. A permit shall not be issued for any work as outlined in the following subsections:

Note: A combination building permit may be issued for a single project when it contains more than one construction trade.
(1) Electrical or combination permits for R-3 and associated U occupancies. The installation of new or replacement electrical service panels, panelboards, or 765
Ordinance No. _____ Page 30
30 subpanels, and all associated electrical work in conjunction with said permit, shall only be issued to a California licensed contractor holding the appropriate specialty license or in compliance with the most current California State Licensing Board’s requirements.
(2) Mechanical or combination permits for R-3 and associated U occupancies. The installation of new or replacement HVAC systems, which require the appropriate specialty license for the installation or replacement of refrigerant, shall only be issued to a California licensed contractor holding the appropriate specialty license or in compliance with the most current California State Licensing Board’s requirements.
(3) Electrical, mechanical, or plumbing permits, or combination permits of other than R-3 and associated U occupancies, shall only be issued to a California licensed contractor holding the appropriate specialty license or in compliance with the most current California State Licensing Board’s requirements.

H. Section 110.3.6, Lath and Gypsum Panel Product Inspection, is amended by deleting the exception.

I. Section 110.3.13 is added to read as follows:
110.3.13 Reinspections. A reinspection fee may be assessed for each inspection or reinspection under any of the following conditions:
(1) When an inspection is scheduled and the required work is not ready. (2) When corrections previously identified in a written correction notice have not been made.
(3) When the approved plans are not readily available to the inspector at the time of the requested inspection.
(4) When access to the job site is not available at the time of the inspection. (5) When there is a deviation from the approved plans related to the work to be inspected, and such deviation was not previously reviewed and approved by the building division.

When a reinspection fee has been assessed, no additional inspection of the work will be performed until the required fee has been paid.

J. Section 111.3 is amended to read as follows:
111.3 Temporary Occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall establish a 30-day time period during which the temporary certificate of occupancy is valid, with no more than two 30-day extensions. A Temporary Certificate of Occupancy shall have fee rates established by the City Council's resolution. 766
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31 K. Section 111.4 is amended to read as follows:
111.4 Revocation. The building official is authorized to suspend or revoke a certificate of occupancy, a certificate of completion, or a temporary certificate of occupancy issued under the provisions of this code, in writing, for the following conditions:
(1) The certificate was issued in error by the City.
(2) The information supplied was incorrect.
(3) The building or structure or portion thereof is in violation of the provisions of this code or other City ordinance.
(4) A temporary certificate of occupancy has expired, or the renewal fee has not been paid.

L. Section 113 is amended to read as follows:
113 Building Board of Appeals. Provisions for the means of appeal shall be set forth in Chapter 2.18 of the Palm Desert Municipal Code, Building Board of Appeals.

M. Section 114.4 is amended to read as follows:
114.4, Violation Penalties, to read as follows: Any person, firm or corporation violating any of the provisions, regulations, requirements, additions, amendments and/or deletions of this code is guilty of a misdemeanor and the penalty for such a misdemeanor shall be as set forth in Chapter 1.12 of the Palm Desert Municipal Code. 767
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32 CHAPTER 15.04

BUILDING CODE
Sections:

15.04.010 Adoption of California Building Code.

15.04.020 Amendments to the California Building Code.

15.04.010 Adoption of the California Building Code.

Except as provided in this chapter, the California Building Code, 2025 Edition, (Part 2 of Title 24 of the California Code Regulations), including Appendix I, as adopted by the State of California, based on the 2024 International Building Code as published by the International Code Council, except as amended herein, is adopted by reference and shall become the “Palm Desert Building Code” for the City of Palm Desert for regulating the, construction, erection, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, and maintenance of all buildings and/or structures in the city. The California Building Code is on file for public examination in the office of the Building Official.

15.04.020 Amendments to the California Building Code.

A. Section 1203.1 is amended by adding the following sentence at the end of the section:
1203.1 Equipment and systems. In residential occupancies, air conditioning facilities shall be provided at all times that are capable of maintaining a maximum room temperature of 80 degrees Fahrenheit in all habitable rooms.

B. Section 3109.2.1 is added and read as follows:
3109.2.1 Drowning prevention safety features. The enclosure under Health and Safety Code Section 115922(a)(1) shall be required, plus one of the other remaining six drowning prevention features specified in Health and Safety Code Section 115922(a)(2) - (7). Where a wall of a Group R, Division 3, occupancy (including attached garage) serves as part of the enclosure, Health and Safety Code Section 115922(a)(4) or (5) shall be required as part of the enclosure.

Exception: Private pools and spas constructed within a walled, fenced, or gated boundaries of a country club or similar fenced or walled and gated residential development project are not required to be enclosed by a barrier, provided the property complies with Health and Safety Code Section 115922(a). 768
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33 CHAPTER 15.06

RESIDENTIAL CODE
Sections:

15.06.010 Adoption of the California Residential Code.

15.06.020 Amendments to the California Residential Code.

15.06.010 Adoption of the California Residential Code.

Except as provided in this chapter, the California Residential Code, Title 24 of the California Code of Regulations, Part 2.5, 2025 Edition, including Chapter 1, Division II, and Appendix BF, as adopted by the State of California, and based on the 2024 International Residential Code as published by the International Code Council, is adopted by reference and shall be and become the “Palm Desert Residential Code” of the City of Palm Desert, regulating construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of detached one- and two-family dwelling and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height. The California Residential Code is on file for public examination in the office of the Building Official.

15.6.20 Amendments to the California Residential Code.

A. Section R105.2 is amended by modifying Item 1 under Building, to read as follows

1. Other than storm shelters, one-story detached light-framed structures accessory to a Group R-3 or U occupancy used as tool and storage sheds, playhouses, trellis structures, gazebos, arbors, greenhouses, and similar uses where the gross floor area does not exceed 120 square feet as measured to the outside walls or support posts.

It is permissible that these structures still be regulated by Part 7, the California Wildland Urban-Interface Code, despite the exemption from a permit.

B. Section R105.2 is amended by modifying Item 2 under Building, to read as follows:

2. Wood, vinyl, or open wrought iron fences; block walls, pilasters, and gravity interlocking walls (landscaping only), that are not over 3 feet 6 inches (1,066.8 mm) high and not associated with a swimming pool or spa safety barrier. The City’s Planning Division must approve the material and location.

C. Section R105.2 is amended by modifying Item 4 under Building, to read as follows:

R105.2, Work exempt from permit. Building: 4. Retaining walls of any type that are not over 3 feet 6 inches (1,066.8 mm) in height measured from the top of the footing to the top of the wall, unless supporting a structure or landscaping surcharge or impounding Class I, II, or IIIA liquids. The City’s Planning Division must approve the location and materials of all retaining walls.
769
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34 D. Section R112 is amended to read as follows:

R112, Board of Appeals. Provisions for the means of appeal shall be set forth in Chapter 2.18 of the Palm Desert Municipal Code, Building Board of Appeals.

E. Section R113.4 is amended to read as follows:

R113.4, Violation Penalties, to read as follows: Any person, firm, or corporation violating any of the provisions, regulations, requirements, additions, amendments, and/or deletions of this code is guilty of a misdemeanor and the penalty for such a misdemeanor shall be as set forth in Chapter 1.12 of the Palm Desert Municipal Code.

F. Section R301.1.3.2 is amended to read as follows:

R301.1.3.2, Woodframe Structures. The building official shall require structural construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of woodframe construction more than one story in height or with a basement.

G. Section R318.1 is amended to add the following paragraph:

R318.1 Means of Egress. Dwelling units shall be provided with a means of egress in accordance with this section. The means of egress shall provide a continuous and unobstructed path of vertical and horizontal egress travel from all portions of the dwelling to the required egress door without requiring travel through other sleeping areas, a garage, toilet rooms, bathrooms, or laundry areas.

The required egress door shall open directly into a public way or to a yard or court that opens to a public way.

H. The title of Section R325, Light, Ventilation, and Heating, is amended to read as follows:
“SECTION R325 Light, Ventilation, Heating, and Air Conditioning.” I. Section R325.10 is added to read as follows:

R325.10 Required air conditioning. Every dwelling unit shall be provided with air conditioning facilities capable of maintaining a room temperature of not more than 80 degrees Fahrenheit in all habitable rooms.
770
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35 CHAPTER 15.08

MECHANICAL CODE
Sections:

15.08.010 Adoption of the California Mechanical Code.

15.08.020 Amendments to the California Mechanical Code.

15.08.010 Adoption of the California Mechanical Code.

Except as provided in this chapter, the California Mechanical Code, 2025 Edition, (Part 4 of Title 24 of the California Code of Regulations), including Chapter 1, Division II, and Appendices B, C, and D, as adopted by the State of California, based on the 2024 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials (IAPMO), shall be and become the “Palm Desert Mechanical Code” of the City of Palm Desert, regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat producing appliances.

The California Mechanical Code is on file for public examination in the office of the Building Official.

15.08.020 Amendments to the California Mechanical Code.

A. Section 104.3.2 is amended by deleting the last paragraph:

B. Section 104.5 is amended to read as follows:
104.5 Fees. On buildings, structures, mechanical systems, or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority.

C. In Section 105.2.6, the fourth paragraph is amended to read as follows:

To obtain reinspection, the applicant shall pay a reinspection fee as set forth in a fee schedule as established by the applicable governing authority. 771
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36 CHAPTER 15.10

ELECTRICAL CODE
Sections:

15.10.010 Adoption of the California Electrical Code.

15.10.020 Amendments to the California Electrical Code.

15.10.010 Adoption of the California Electrical Code.

Except as provided in this chapter, the California Electrical Code, 2025 Edition, Part 3 of Title 24 of the Code of California Regulations, as adopted by the state of California, based on the 2023 National Electrical Code as published by the National Fire Protection Association, is adopted by reference and shall become the “Palm Desert Electrical Code” of the City of Palm Desert, regulating all installation, arrangement, alteration, repair, use and other operation of electrical wiring, connections, fixtures and other electrical appliances on premises within the city. The California Electrical Code is on file for public examination in the office of the Building Official.

15.10.020 Amendments to the California Electrical Code.

A. Table 300.5(A), Location of Wiring Method or Circuit, is amended by revising 'Under a building' to read as follows:

Under a building:
“Six inches beneath the bottom of slab”, in all corresponding columns. 772
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37 CHAPTER 15.12

PLUMBING CODE
Sections:

15.12.010 Adoption of the California Plumbing Code.

15.12.020 Amendments to the California Plumbing Code.

15.12.010 Adoption of the California Plumbing Code.

Except as provided in this chapter, the California Plumbing Code, 2025 Edition, Part 5 of Title 24 of the Code of California Regulations, including Chapter 1, Division II, and Appendices A, B, D, H, I, and J, as adopted by the State of California, based on the 2024 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials (IAPMO), is adopted by reference and shall be and become the “Palm Desert Plumbing Code” of the City of Palm Desert, regulating erection, installation, alteration, repair, relocation, replacement, maintenance or use of plumbing systems within the city. The California Plumbing Code will be on file for public examination in the office of the Building Official.

15.12.020 Amendments to the California Plumbing Code.

A. Section 104.3.2 is amended by deleting the last paragraph.

B. Section 104.5 is amended to read as follows:
104.5 Fees. On buildings, structures, mechanical systems, or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority.

C. The fourth paragraph in Section 105.2.6 is amended to read as follows:

To obtain reinspection, the applicant shall pay a reinspection fee as set forth in a fee schedule as established by the applicable governing authority. 773
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38 CHAPTER 15.14

ENERGY CODE

15.14.010 Adoption of the California Energy Code.

That certain document in book form entitled the “California Energy Code”, 2025 Edition, Part 6 of Title 24 of the California Code of Regulations, including the appendices thereof, prescribing regulations governing the building envelope, space-conditioning system, water-heating systems, indoor lighting systems, outdoor lighting systems, and indoor and outdoor signs installations, construction, maintenance, alteration, and repair within the city, is hereby adopted by reference as the “Palm Desert Energy Code.” The California Energy Code will be on file for public examination in the office of the Building Official. 774
Ordinance No. _____ Page 39
39 CHAPTER 15.16

WILDLAND-URBAN INTERFACE CODE
Sections:

15.16.010 Application and Adoption of the California Wildland-Urban Interface Code

15.16.020 Amendments to California Wildland-Urban Interface Code

15.16.010 Adoption of the California Wildland-Urban Interface Code Except as provided in this chapter, all of the provisions and appendices of the 2025 California Wildland-Urban Interface Code, Part 7 of Title 24 of the California Code of Regulations, as adopted by the State of California, based on the 2024 International Wildland-Urban Interface Code as published by the International Code Council, inclusive of all of the inclusions and exclusions set for in each chapter's matrix, are hereby adopted and shall apply to the City of Palm Desert. In addition, the following provisions that are excluded in the 2025 California Wildland-Urban Interface Code – Chapter 1, Division II of the California Wildland-Urban Interface Code is hereby adopted, except that Sections 103.2 and 112.3 are not adopted, and sections A101 through A102.2, A102.4, A104, A105.1, A105.4 through A105.4.2, A106 through A106.2 and A107 through A107.5 are adopted. The California Wildland-Urban Interface Code is on file for public examination in the office of the Building Official and Fire Official.

15.16.20 Amendments to the California Wildland-Urban Interface Code A. Applicability. A new Section 102.4.1.1 is added to Section 102.4.1 of the California Wildland-Urban Interface Code to read as follows:
102.4.1.1 Application of the California Wildland-Urban Interface Code. Where a conflict exists between the provisions of the Palm Desert Municipal Code and the California Wildland-Urban Interface Code, the more restrictive provisions shall apply.

B. Duties and Powers of the Code Official.

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

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

2. The Fire Chief, Chief Deputy, or their designee is authorized to administer, interpret and enforce this code. Under the Fire Chief, Chief Deputy, or their designee’s direction, the Riverside County Fire Department is authorized to enforce ordinances of the City of Palm Desert pertaining to the following:
775
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40 2.1. The prevention of fires.

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

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

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

2.5. The maintenance and regulation of fire escapes.

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

2.7. The maintenance of means of egress.

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

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

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

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

3.3. The Riverside County Sheriff and any deputy sheriff.

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

3.5. Officers of the California Highway Patrol.

3.6. Code Officers of the Riverside County Code Enforcement Department.

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

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

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

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

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

3. Shall be enforceable as part of this code.
776
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41 3. Sections 104.8 and 104.8.1 of the California Wildland-Urban Interface Code are deleted in their entirety and replaced with the following:
104.8 Liability. Any liability against Riverside County, City of Palm Desert, or any officer or employee for damages resulting from the discharge of their duties shall be as provided by law.

C. Permits.

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

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

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

1. Automobile wrecking yard.

2. Candles and open flames in assembly areas.

3. Explosives or blasting agents.

4. Fireworks.

5. Flammable or combustible liquids.

6. Hazardous materials.

7. Liquefied petroleum gases.

8. Landscape and fuel modification zones.

9. Lumberyards.

10. Motor vehicle fuel-dispensing stations.

11. Open burning.

12. Pallet Yards.

13. Pyrotechnical special effects material.

14. Tents, canopies and temporary membrane structures.

15. Tire storage.

16. Welding and cutting operations.

D. Fees.

1. Section 108.2 of the California Wildland-Urban Interface Code is deleted in its entirety and replaced with the following:
108.2 Schedule of permit fees. Fees for services and permits shall be as set by the governing body of the jurisdiction.
777
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42 2. A new Section 108.7 is added to Section 108 of the California Wildland-Urban Interface Code to read as follows:
108.7 Cost Recovery. Pursuant to California Health and Safety Code sections 11374.5(b)(1 ), 13009 et seq., 25515(a), 25540(a), 25541 (a), California Government Code sections 53150 et seq, and all other provisions of law, all costs incurred by the Riverside County Fire Department and the City of Palm Desert for the inspection and enforcement of any provision of these Codes, the investigation of any fire, explosion or other hazardous condition, the suppression of fire, the response to a traffic collision or accident, the containment and/or mitigation of a hazardous materials release, and any rescue or rendering of medical or physical aid or assistance, may be charged to any responsible party, any person who violates these Codes or any person who, due to a negligent or unlawful act or omission, is responsible for or requires or causes the emergency response of Riverside County Fire Department. Any expense incurred by the Riverside County Fire Department for such an emergency response shall constitute a debt of such person and shall be collectible by the County and City of Palm Desert in the same manner as in the case of an obligation under contract, express or implied. These provisions shall be applied uniformly against all such persons in violation of a Penal Code, Vehicle Code, Health and Safety Code or other state law statutory violation; only a county official shall have authority to reduce or cancel the debt obligation arising from the incident.

E. Inspection and Enforcement.

1. Section 109.3.7 of the California Wildland-Urban Interface Code is deleted in its entirety and replaced with the following:
109.3.7 Violation and penalties. It shall be unlawful for any person, firm, corporation or association of persons to violate any provision of this code, or to violate the provisions of any permit granted pursuant to this code or of the Palm Desert Municipal Code Chapter 15.26. Punishments and penalties for violations shall be in accordance with Health and Safety Code Sections 17995 through 17995.5 and Government Code Section 51185.

F. Definitions.

1. Section 202, definition of "Fire Chief” in the California Wildland-Urban Interface Code is deleted in its entirety and replaced with the following:

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

G. Wildland-Urban Interface Area Designations.

1. Section 302.1.1 is added to Section 302.1 of the California Wildland-Urban Interface Code to read as follows:
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43 302.1.1 Designation of Fire Hazard Severity Zones. The City of Palm Desert has adopted the recommendations of the State Fire Marshal made pursuant to Government Code section 51178 and designated those areas within the County as moderate, high, and very high fire hazard severity zones as shown on the Local Responsibility Area Fire Hazard Severity Zones Maps published by the Office of the State Fire Marshal. The Maps have been adopted under City of Palm Desert Ordinance No. 1429.

H. Special Building Construction Regulations.

1. Section 501.1 of the California Wildland-Urban Interface shall be amended as follows:
501.1 Scope. Buildings and structures in a wildland-urban interface area shall be constructed in accordance with the California Building Code and this code. For the purpose of this code, a wildland-urban interface area shall be defined as a geographical area identified by the state as a “Fire Hazard Severity Zone” in accordance with the Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, and other areas designated by the enforcing agency to be at a significant risk from wildfires, and shall include those areas designated by City of Palm Desert Ordinance No. 1429 as moderate, high, and very high fire hazard severity zones based on recommendations from the State Fire Marshal pursuant to Government Code Section 51178.

Exceptions:

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

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

I. Fire Protection Plans.

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

The fire protection plan shall be prepared by a registered design professional, qualified landscape architect, qualified fire safety specialist or similar specialist acceptable to the code official and shall analyze the wildfire risk of the building, 779
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44 project, premises or region to recommend necessary changes.

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

Exception: A single-family dwelling (Group R-3 Occupancy) when located on an existing legal parcel.

2. Section 602.3.2 of the California Wildland-Urban Interface Code is amended as follows:
602.3.2 Final Fire Protection Plan. Final fire protection plan shall include items listed in Section 602.3.1 and the following:

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

1.1. The plant life-form;

1.2. The scientific and common name; and

1.3. The expected height and width for mature growth.

2. Identification of irrigated and non-irrigated zones.

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

4. Identification of existing vegetation proposed to remain.

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

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

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

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

J. Vegetation Plan

1. Section 603.1 of the California Wildland-Urban Interface Code is amended as follows:
780
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45 603.1 General. Planting of vegetation for new and replacement landscaping shall be selected to reduce vegetation in proximity to a structure and to maintain vegetation as it matures.

2. Section 603.3 of the California Wildland-Urban Interface Code is amended as follows:
603.3 Landscape and Fuel Modification plans. Landscape and Fuel Modification plans shall be submitted for any project located in a wildland-urban interface area. The landscape and Fuel Modification plan shall include development and maintenance requirements for the vegetation management zone adjacent to structures and roadways, and to provide significant fire hazard reduction benefits for public and firefighting safety.

3. Section 603.3.1 of the California Wildland-Urban Interface Code is amended as follows:
603.3.1 Contents. Landscape plans shall contain the following:

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

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

3. Identification of irrigated areas.

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

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

K. Maintenance of Defensible Space.

1. Section 604.1 of the California Wildland-Urban Interface Code is amended as follows:
604.1 General. Vegetation and fuels shall be managed to reduce the severity of potential exterior wildfire exposure to buildings and to reduce the risk of fire spreading to buildings as required by applicable laws and regulations.

2. Section 604.3 of the California Wildland-Urban Interface Code is amended as follows:
604.3 Requirements. Vegetation and fuels around all buildings and structures shall be maintained in accordance with the following laws and regulations:

1. Public Resources Code, Section 4291.
781
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46 2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Article 3, Section 1299.03.

3. California Government Code, Section 51182.

4. California Code of Regulations, Title 19, Division 1, Chapter 1, Subchapter 1, Article 3, Section 3.07.

5. The requirements of Appendix A of this code and Riverside County Fire Department Guidelines.

3. Section 604.3.1 is added to Section 604.3 of the California Wildland-Urban Interface Code to read as follows:
604.3.1 Retroactivity. When required by the Fire Code Official, or state law, existing Defensible Space/Fuel Modification Zones (FMZ) shall require retrofitting, including thinning and/or removal of plants, trees, and vegetation, to meet this code or state law. Upon notification by the Fire Code Official, and when approved, work to bring an existing Defensible Space and FMZ into compliance with this code, may be done over a two to four (2-4) year period as determined by the Fire Code Official. A compliance plan prepared by the property owner may be requested for review and approval by the Fire Code Official.

4. Section 604.6 is added to the California Wildland-Urban Interface Code to read as follows:
604.6 Clearance of brush, vegetative growth, and combustible material from improved parcels. All improved parcels declared a Public Nuisance shall be cleared entirely of combustible material. If the Fire Code Official determines this impractical, the provisions of Section 604.7 may be used.

5. Section 604.7 is added to the California Wildland-Urban Interface Code to read as follows:
604.7 Clearance of fuels or vegetative growth from structures. Clearance of fuels and vegetative growth from structures shall be per sections 604.7.1 through 604.7.3 of this code.

6. Section 604.7.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.7.1 Structures. Any person owning, leasing, controlling, operating, or maintaining any Building or structure in, upon, or adjoining any fire hazard severity zone, governed by this section, and any person owning, leasing, or controlling any land adjacent to such Buildings, shall at all times maintain around and adjacent to such Building, an effective firebreak made by removing and clearing away, all combustible material on their property for a distance not less than 100 feet from all 782
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47 portions of the Building.

Distances may be increased by the Fire Code Official due to a site-specific analysis based on local conditions and when required, based on a Fire Protection Plan.

This section shall not apply to single specimens or stands of protected species of trees, Ornamental Landscape or similar plants used in landscaping and ground covers, that are well-pruned, maintained, and spaced, and do not form a means of rapidly transmitting fire from other nearby vegetation to a structure or from a structure to other nearby vegetation or to interrupt the advance of embers toward a structure.

7. Section 604.7.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.7.2 Timing for New Buildings and Additions to Existing Buildings. The provisions of Section 604.7 shall be completed prior to vertical construction of any new building or addition to an existing Building.

8. Section 604.7.3 is added to the California Wildland-Urban Interface Code to read as follows:
604.7.3 Photovoltaic Systems. The clearance requirements around freestanding photovoltaic systems and equipment shall comply with the following:

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

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

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

4. Panels and clusters shall be not located within 30 feet of any Building subject to clearance requirements of Section 604 unless the clearance requirements of Section 604 are provided as measured from the perimeter of the panel or cluster.

9. Section 604.8 is added to the California Wildland-Urban Interface Code to read as follows:
604.8 Defensible Space clearance zones and requirements. The required Defensible Space clearance is identified in three (3) distinct zones: Zone 0, 1, and

2. 10. Section 604.8.1 is added to the California Wildland-Urban Interface Code to read as follows:
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48 604.8.1 Requirements. Defensible Space shall be in accordance with the requirements of Appendix A of this code, Riverside County Fire Department Guidelines and the specific requirements for each zone listed in Sections 604.8.2 through 604.8.5.

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

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

Advisory Notice: Riverside County Fire Department has local Zone 0 requirements currently in effect for new Buildings and additions to existing Buildings. New State regulations for Zone 0 are currently under development by the State Board of Forestry and Fire Protection. Any State regulation more restrictive than this ordinance shall apply. This may require thinning and/or removal of plants, trees, and vegetation to meet State Law and regulations.

12. Section 604.8.2.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.2.1 Non-Combustible Zone 0 for New Buildings, Additions to Existing Buildings, and new or replacement landscape. Fuels, including Combustible Materials and vegetation, are prohibited in Zone 0 for all New Buildings, additions to Existing Buildings, installation of new landscape, and refurbishment of existing landscape areas.

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

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

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

3. Landscape plans submitted for Riverside County Fire Department review. 784
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49 4. Replacement of landscape when landscape plans are not required.

13. Section 604.8.2.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.2.2 Additional requirements in Zone 0.

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

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

2. Landscaped roofs are prohibited.

3. Vegetation underneath decks is prohibited.

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

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

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

7. Combustible mulch and wood chips are prohibited.

8. Firewood is prohibited.

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

14. Section 604.8.2.3 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.2.3 Zone 0 requirements for Existing Buildings.

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

1. No combustible landscape mulch or wood chips.

2. No firewood.

3. No vegetation underneath decks.

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

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

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

7. A minimum 3-foot clearance of trees and vegetation shall be provided to the side and above any eave or roof projection from the exterior wall of a Building. 785
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50 A minimum 3-foot clearance of trees and vegetation shall be provided below any eave or roof projection. This requirement also applies to any patio cover or other Building projections.

8. New trees are not allowed.

9. New or replacement landscaping shall comply with Sections 604.8.1, 604.8.2.1, and 604.8.2.2.

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

Zone 1 is the area within 5-30 feet of structures and decks, with slopes not greater than 20 percent; 5-50 feet from Buildings and decks, when slopes are greater than 20 percent.

17. Section 604.8.3.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.3.1 Requirements and allowable items. This is a minimal planting zone which includes very limited trees of a fire-smart type with additional spacing provided. Plants and other vegetation shall be in accordance with Appendix A of this code, the Palm Desert Municipal Code, and Riverside County Fire Department Guidelines.

18. Section 604.8.4 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.4 Zone 2 purpose and location. Zone 2 is designed to reduce the potential behavior of an oncoming fire in such a way as to drop an approaching fire from the crown of trees to the ground, reducing the flame heights, and the potential for ember generation and radiant heat exposure to structures. Additional benefits of the Zone 2 include facilitating direct defense actions and improving the function of Zones 0 and 1.

Zone 2 is the area from the outer edge of Zone 1 to 100 feet from structures and decks.

19. Section 604.8.4.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.4.1 Requirements and allowable items. Plants and other vegetation shall 786
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51 be in accordance with Appendix A of this code, the Palm Desert Municipal Code, and Riverside County Fire Department Guidelines.

20. Section 604.8.4.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.4.2 Spacing. Spacing of vegetation and trees at the outer edge of Zone 2 shall be based upon the height of the vegetation within Zone 2 or the adjacent area beyond the 100-foot zone, whichever provides for the greater spacing. This may require clearance outside the 100-foot zone or setting back vegetation and trees within Zone 2 away from the 100-foot line.

21. Section 604.8.5 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5 General requirements for Zone 0, 1, and 2.

22. Section 604.8.5.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.1 Dead and dying vegetation. All dead or dying grass, plants, shrubs, trees, branches, leaves, weeds, and tree needles shall be removed.

23. Section 604.8.5.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.2 Mulch and wood chips within Zones 1 and 2. Use of combustible Mulch and wood chips shall be in accordance with the requirements Riverside County Fire Department Guidelines.

24. Section 604.8.5.3 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.3 Firewood. See Section 607.

25. Section 604.8.5.4 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.4 Clearance from chimney, stovepipe. Any portion of a tree or shrub that extends within 10 feet horizontally or vertically of a chimney outlet or stovepipe outlet shall be removed.

26. Section 604.8.5.5 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.5 Trees. New trees shall be planted and maintained so that the tree’s drip line at maturity is a minimum of 10 feet from any combustible structure. 787
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52 27. Section 604.8.5.5.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.5.1 Tree spacing. The horizontal distance between crowns of new trees and crowns of adjacent trees shall not be less than 20 feet in Zone 1 and not less than 10 feet in Zone 2. Separation distance may be increased for slopes exceeding 20 percent. Required spacing is measured between trees at maturity.

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

Exception: Fruit trees when approved by the Fire Code Official.

29. Section 604.8.5.5.3 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.5.3 Ground cover under tree canopy. When approved ground cover and shrubs are located underneath trees, the vertical clearance to the lowest branch of the tree canopy shall not be less than three times the height of the ground cover or shrub under or adjacent to the tree. The horizontal clearance shall be 3 feet from the trunk of the tree.

30. Section 604.8.5.6 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.6 Continuous tree canopies.

31. Section 604.8.5.6.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.6.1 New Structures. Continuous tree canopies are not allowed. Tree spacing shall be in accordance with Riverside County Fire Department Guidelines.

32. Section 604.8.5.6.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.6.2 Existing Structures. Continuous tree canopies may be allowed as determined by the Fire Code Official but will require the complete removal of any understory and smaller trees to meet requirements for a shaded fuel zone. Any remaining trees shall be limbed up a minimum of 12 feet from the ground or 1/3 the tree height, whichever is less. The intent is to not allow a crown (canopy) fire to spread unchecked to a structure and to bring any crown fire down to the ground level prior to Zone 1.
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53 33. Section 604.8.5.7 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.7 Grasses. Natural or annual grasses shall be mowed to a maximum height of 4-inch stubble with clippings removed.

34. Section 604.9 is added to the California Wildland-Urban Interface Code to read as follows:
604.9 Fire protection equipment and utilities. The clearance requirements of Sections 604.7 and 604.8 shall apply to communication site towers and their support Buildings; required fire protection water supplies, including water tanks, water supply pumps, and pump houses; and any other utility Structure as required by the Fire Code Official. The Fire Code Official may consider a reduced distance, not less than 30 feet, for communication site towers, water tanks, and Structures with no interior space, based upon a site risk assessment. Also see Appendix A.

35. Section 604.10 is added to the California Wildland-Urban Interface Code to read as follows:
604.10 Planting vegetation under or adjacent to energized electrical lines. No vegetation shall be planted under or adjacent to energized power lines that, at maturity, will grow within 10 feet of the energized conductors.

36. Section 604.11 is added to the California Wildland-Urban Interface Code to read as follows:
604.11 Fencing.

37. Section 604.11.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.11.1 Scope. This section only applies to fences, including gates within the fencing, within 5 feet of Building(s), including Decks, (Zone 0) that are in an applicable Fire Hazard Severity Zone as required by Chapter 6 of this code.

38. Section 604.11.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.11.2 New fencing. New fencing and gates shall be constructed of a noncombustible material.

39. Section 604.11.3 is added to the California Wildland-Urban Interface Code to read as follows:
604.11.3 Existing fencing. Fencing installed prior to January 1, 2026, may 789
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54 remain.

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

L. Storage of Firewood and Combustible Materials.

1. Section 607.1 of the California Wildland-Urban Interface Code is amended to read as follows:
607.1 General. Firewood and combustible materials shall not be stored in unenclosed spaces beneath Buildings or Structures, or on Decks or under eaves, canopies, or other projections or overhangs. Firewood piles shall be located 30 feet (9144 mm) or more from structures unless completely covered by a fireresistant material. Exposed wood piles located within the defensible space shall have a minimum clearance of 10 feet (3048 mm) down to bare mineral soil in all directions. Firewood shall not be stored within Zone 0.

2. Section 607.1.1 of the California Wildland-Urban Interface Code is added to read as follows:
607.1.1 Combustible Materials. Combustible Materials, other than vegetation, stored within Zones 1 and 2 shall not be stored so as to pose a hazard to any Building. Piles shall not exceed 100 square feet of area and a maximum height of 10 feet. Piles shall be separated by a minimum of 20-foot clear area.

3. Section 607.2 of the California Wildland-Urban Interface Code is amended to read as follows:
607.2 Storage for off-site use. Firewood and Combustible Materials not for consumption on the premises shall not be stored within Zones 0, 1, and 2. See Appendix A for storage requirements.

M. Building Siting and Setbacks

1. Section 608.1.1 is added to the California Wildland-Urban Interface Code to read as follows:
608.1.1 Restricted development setbacks. New Structures and additions to existing Structures shall not be constructed less than 100 feet from any protected habitat, whether on the same or adjacent Parcels, where the 100-foot Defensible Space required under Section 604.7 cannot be provided, unless an alternate method of construction and protection is provided that can ensure the safety of the Structure and emergency responders as approved by the Fire Code Official.

Protected habitat includes lands restricted from brush clearance or modification 790
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55 due to Federal or State listed endangered species. Protected habitat does not include sensitive habitat areas.

2. Section 608.2 of the California Wildland-Urban Interface Code is amended to read as follows:
608.2 General. All parcels shall provide a minimum 30-foot (9144 mm) setback for all buildings from property lines and the center of a road, except as provided for in Section 608.2.1. [14 CCR § 1276.00(a)] This section applies to new Tract and Parcel maps, new Buildings, and additions to Existing Buildings.

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

1. Non-combustible block walls or fences; or

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

3. Hardscape landscaping; or

4. A reduction of exposed windows on the side of the structure with setbacks less than 30 feet (9144 mm). [14 CCR §1276.01]
N. Ridgelines, Fuels Breaks, and Greenbelts.

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

2. Section 609.2.7.2 is added to the California Wildland-Urban Interface Code to read as follows:
609.2.7.2 Access to Greenbelts. A minimum of one (1) access point shall be provided to new Greenbelts at an approved location to allow for ongoing maintenance and firefighter access. Additional access points shall be provided when required by the Fire Code Official.
791
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56 O. Appendix A.

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

A102.1 General. Vegetation control shall comply with Sections A102.2 through A102.4 and with Chapter 6.

2. Section A105.1 of the California Wildland-Urban Interface Code is amended to read as follows:

A105.1 General. In addition to the requirements of the California Fire Code, and Chapter 6, storage and use of the materials shall be in accordance with Sections A105.2 through A105.4.2.

3. Section A105.4 of the California Wildland-Urban Interface Code is amended to read as follows:

A105.4 Combustible Materials. Outside storage of Combustible Materials such as, but not limited to, wood, rubber tires, building materials, or paper products shall comply with the other applicable sections of this code and this section. Storage of pallets shall be in accordance with the California Fire Code Section 2810. Storage and processing of wood chips, hogged materials, fines, Compost, Compostable Material, Mulch, solid biomass, raw product, and combustible yard waste and recycle material shall be in accordance with Section 5, Section 2808. 792
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57 CHAPTER 15.17

SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM PERMITTING Sections:

15.17.010 Adoption

15.17.020 Purpose

15.17.030 Definitions

15.17.040 Mandatory requirements

15.17.050 Validity

15.17.010 Adoption
The ordinance codified in this chapter is hereby adopted by reference as “Small Residential Solar PV Permitting” for the City of Palm Desert, and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City of Palm Desert.

15.17.020 Purpose
The purpose of this chapter is to provide for an expedited, streamlined solar permitting process that complies with the Solar Rights Act, including California Civil Code section 714 and California Government Code section 65850.5, as amended, and as outlined in the California Solar Permitting Guidebook. This action provides timely and cost-effective installations of small residential rooftop solar energy systems. This chapter encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the City of Palm Desert, and expanding the ability of property owners to install solar energy systems. This chapter allows the City of Palm Desert to achieve these goals while protecting the public health and safety.

15.17.030 Definitions
The following words and phrases as used in this chapter are defined as follows:
“Electronic submittal” means the utilization of one or more of the following:

1. E-mail.

2. Internet or jurisdictional permitting software.

3. Facsimile.
“Small residential rooftop solar energy system” means all the following:

1. A solar energy system that is no larger than ten kilowatts alternating current nameplate rating or thirty kilowatts thermal.

2. A solar energy system that conforms to all applicable state fire, structural, 793
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58 electrical, and other building codes as adopted or amended by the city and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.

A. A solar energy system that is installed on a single or duplex family dwelling.

4. A solar panel or module array that does not exceed the maximum legal building height as defined by the City of Palm Desert.
“Solar energy system” has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.

15.17.040 Mandatory requirements
Section 65850.5 of the California Government Code provides that, on or before September 30, 2015, every city, county, or city and county shall adopt an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems.

Section 65850.5 of the California Government Code provides that in developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review. The building official is hereby authorized and directed to develop and adopt such checklist. As required by Section 65850.5, the small residential rooftop solar energy system permit process to be adopted by the building official, including the standard plan(s), and checklist(s), shall substantially conform to recommendations for expedited permitting contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research.

The checklist shall be published on the city’s Internet website. The applicant may submit the permit application and associated documentation to the City’s Permitting Center in person, mailed, or electronic submittal together with any required permit processing and inspection fees. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature.

Prior to submitting an application, the applicant shall:

A. Verify to the applicant’s reasonable satisfaction and through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and B. At the applicant’s cost, verify to the applicant’s reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including 794
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59 existing line, load, grounding and bonding wiring, as well as main panel and subpanel sizes, are adequately sized, based on the existing electrical system’s current use, to carry all new photovoltaic electrical loads.

For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection by the Building Official and Fire Chief. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; however, the subsequent inspection need not conform to the requirements of this subsection.

An application that satisfies the information requirements in the checklist, as determined by the Building Official, shall be deemed complete. Upon receipt of an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

Upon confirmation by the Building Official of the application and supporting documentation being complete and meeting the requirements of the checklist, the building official shall, in a timely manner, administratively approve the application and issue all required permits or authorizations. Such approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider’s electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.

A city, county, or city and county shall not condition approval for any solar energy system permit on the approval of a solar energy system by an association, as that term is defined in Section 4080 of the Civil Code.

15.17.050 Validity
The City Council of the City of Palm Desert hereby declares that should any section, subsection, sentence, clause or phrase of this chapter or the code hereby adopted is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. The City Council of the City of Palm Desert hereby declares that it would have passed the ordinance codified in this chapter, and each section, subsection, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional.
795
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60 CHAPTER 15.18

GREEN BUILDING STANDARDS CODE

15.18.010 Adoption of the California Green Building Standards Code.

That certain document being marked and designated as the 2025 California Green Building Standards Code, California Code of Regulations Title 24, Part 11, including Chapter 1, is hereby adopted by reference as the Palm Desert Green Building Code. The California Green Building Standards Code will be on file for public examination in the office of the Building Official.

CHAPTER 15.20

HISTORICAL BUILDING CODE

15.20.010 Adoption of the California Historical Building Code.

Except as provided in this chapter, the California Historical Building Code, Title 24 of the California Code of Regulations, Part 8, 2025 Edition, , prescribing regulations for the preservation, restoration, rehabilitation, relocation or reconstruction of buildings or properties designated as qualified historical building or properties within the city, is hereby adopted by reference as “the Palm Desert Historical Code” of the City of Palm Desert, and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City of Palm Desert.

The California Historical Building Code will be on file for public examination in the office of the Building Official.
796
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61 CHAPTER 15.22

HOUSING CODE

15.22.010 Adoption of the Uniform Housing Code.

Except as provided in this chapter, the Uniform Housing Code, 1997 Edition, (UHC), Chapters 4, 5, 6, and 7 , is adopted by reference Title 25, CCR, Division 1, Chapter 1, Subchapter 1, Section 32 for the enforcement of use, maintenance and occupancy requirements by local code enforcement agencies. The Housing Code will be on file for public examination in the office of the building official.

15.22.020 Amendments and Additions.

A. Section 701.1.1 is added to read as follows:

Section 701.1.1 Required air conditioning. Every dwelling unit shall be provided with air conditioning facilities capable of maintaining a room temperature of not more than 80 degrees Fahrenheit in all habitable rooms.

CHAPTER 15.24

EXISTING BUILDING CODE

15.24.010 Adoption of the California Existing Building Code Except as provided in this chapter, the California Existing Building Code, 2025 Edition, (Part 10 of Title 24 of the California Code of Regulations), based on the 2024 International Existing Building Code, as adopted by the State of California, as published by the International Code Council, is adopted by reference and shall become the “the Palm Desert Existing Building Code” for the purpose of regulating the Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings, in existing buildings in the City. The California Existing Building Code will be on file for public examination in the office of the Building Official.
797
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62 CHAPTER 15.26

FIRE CODE
Sections:

15.26.10 Adoption of the California Fire Code

15.26.010 Adoption of the California Fire Code
A. FINDINGS. The City of Palm Desert finds the following:

1. The sections of the California Fire Code may be referred to by the same number used in said published compilation preceded by the words “Riverside County Fire Code Section” or “Fire Code Section.”

2. The purpose of this chapter is to adopt the 2025 California Fire Code, California Code of Regulations, Title 24, Part 9, as amended, to govern the safeguarding of life and property from fire, explosion hazards and hazardous conditions and to regulate the issuance of permits and collection of fees.

3. Except as stated in this section or as amended below in subsection E of this section, all of the provisions and appendices of the 2025 California Fire Code, inclusive of all of the inclusions and exclusions set forth in each chapter’s matrix, are hereby adopted by reference and shall apply to the City of Palm Desert. In addition, the following provisions that are excluded in the 2025 California Fire Code are hereby adopted - Chapter 1, Division II of the California Fire Code is hereby adopted, except that Sections 103.2 and 112.3 are not adopted, and Chapters 3,25, and Sections 503, 510.2, 1103.2, and 5707 are adopted.

B. Amendments to the California Fire Code.

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

2. Applicability. Section 102.5 of the California Fire Code is amended as follows:
102.5 Application of residential code. Where structures are designed and constructed in accordance with the California Residential Code, the provisions of this code shall apply as follows:
798
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63 1. Construction and design provisions of this code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire apparatus access and water supplies. Where interior or exterior systems or devices are installed, construction permits required by Section 105.6 of this code shall apply.

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

3. Automatic fire sprinkler system requirements of this code shall apply to detached accessory buildings 3,000 square feet or greater in accordance with Section 903.2. The provisions contained in Section 903.2.18 of the California Fire Code or Section R317.5.1 of the California Residential Code may be used for the design of the automatic fire sprinkler system for detached private garages.

3. A new Section 102.13.1 is added to Section 102.13 of the California Fire Code to read as follows:
102.13.1 Application of the California Wildland-Urban Interface Code. Where a conflict exists between the provisions of the Riverside County Fire Code and the California Wildland-Urban Interface Code, the more restrictive provisions shall apply.

4. Duties and Powers of the Fire Code Official.
a. A new Section 104.1.1 is added to Section 104.1 of the California Fire Code to read as follows:
104.1.1 Authority of the Fire Chief, Chief Deputy and Fire Department

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

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

2.1 The prevention of fires.

2.2 The suppression or extinguishment of dangerous or hazardous fires.

2.3 The storage, use and handling of hazardous materials.

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

2.5 The maintenance and regulation of fire escapes.
799
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64 2.6 The maintenance of fire protection and the elimination of fire hazards on land, in buildings, structures and other property, including those under construction.

2.7 The maintenance of means of egress.

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

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

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

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

3.3 The Riverside County Sheriff and any deputy sheriff.

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

3.5 Officers of the California Highway Patrol.

3.6 Code Officers of the City of Palm Desert Code Enforcement Department.

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

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

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

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

3. Shall be enforceable as part of this code.
c. Sections 104.8 and 104.8.1 are deleted in their entirety and replaced with the following:
104.8 Liability. Any liability against Riverside County or the City of Palm Desert or any officer or employee for damages resulting from the discharge of their duties shall be as provided by law.
d. A new section 104.12 is added to Section 104 of the California Fire Code to 800
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65 read as follows:
104.12 Authority of the Fire Chief to close hazardous fire areas. Except upon National Forest Land, the Fire Chief is authorized to determine and announce the closure of any hazardous fire area or portion thereof. Any closure by the Fire Chief for a period of more than fifteen (15) calendar days must be approved by the Riverside County Board of Supervisors and/or the City Council within fifteen (15) calendar days of the Fire Chief’s original order of closure.

Upon such closure, no person shall go in or be upon any hazardous fire area, except upon the public roadways and inhabited areas. During such closure, the Fire Chief shall erect and maintain at all entrances to the closed area sufficient signs giving notice of closure. This section shall not prohibit residents or owners of private property within any closed area, or their invitees, from going in or being upon their lands. This section shall not apply to any entry, in the course of duty, by a peace officer, duly authorized public officer or fire department personnel. For the purpose of this section, “hazardous fire area” shall mean public or private land that is covered with grass, grain, brush or forest and situated in a location that makes suppression difficult resulting in great damage.

Such areas are designated on Hazardous Fire Area maps filed with the office of the Fire Chief.

5. Fees.
a. A new Section 108.2 and replaced with the following:
108.2 Schedule of permit fees. Fees for services and permits shall be as set forth in the City of Palm Desert fee schedule.
b. A new Section 108.7 is added to Section 108 of the California Fire Code to read as follows:
108.7 Cost recovery. Pursuant to California Health and Safety Code sections 11374.5(b)(1), 13009 et seq., 25515(a), 25540(a), 25541(a), California Government Code sections 53150 et seq, and all other provisions of law, all costs incurred by the Riverside County Fire Department for the inspection and enforcement of any provision of these Codes, the investigation of any fire, explosion or other hazardous condition, the suppression of fire, the response to a traffic collision or accident, the containment and/or mitigation of a hazardous materials release, and any rescue or rendering of medical or physical aid or assistance, may be charged to any responsible party, any person who violates these Codes or any person who, due to a negligent or unlawful act or omission, is responsible for or requires or causes the emergency response of Riverside County Fire Department. Any expense incurred by the Riverside County Fire Department for such an emergency response shall constitute a debt of such person and shall be collectible by the County in the same manner as in the case of an obligation under contract, express or implied. These provisions shall be applied uniformly against all such 801
Ordinance No. _____ Page 66
66 persons in violation of a Penal Code, Vehicle Code, Health and Safety Code or other state law statutory violation; only a county official shall have authority to reduce or cancel the debt obligation arising from the incident.

6. Board of Appeals. Section 112.1 of the California Fire Code is deleted in its entirety and replaced with the following:
112.1 Board of appeals established. The Board of Appeals shall be the City Manager. If he or she determines an outside board is needed, he or she shall designate an outside hearing officer to hear the appeal. The Fire Chief and Chief Deputy shall be notified of any appeal and the Fire Chief, Chief Deputy or their designees shall be in attendance at the appeal hearing. Depending on the subject of the appeal, specialized expertise may be solicited, at the expense of the applicant, for the purpose of providing input to the Appeals Board.

7. Violations. Section 113.4 of the California Fire Code is deleted in its entirety and replaced with the following:
113.4 Violation and penalties. It shall be unlawful for any person, firm, corporation, or association of persons to violate any provision of this code, or to violate the provisions of any permit granted pursuant to this code. Punishments and penalties for violations shall be in accordance with the City of Palm Desert ordinances, fee schedule and Health and Safety Code Sections 17995 through 17995.5.

8. Definitions. Section 202, definition of “Fire Chief” in the California Fire Code is deleted in its entirety and replaced with the following:

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

9. Open Flames. Open Flames. Section 308.1.7 of the California Fire Code is deleted in its entirety and replaced with the following:
308.1.7 Sky lanterns or similar devices. A person shall not release or cause to be released a sky lantern or similar device.

10. Fire Apparatus Road.
a. A new Section 503.1.2.1 is added to Section 503.1.2 of the California Fire Code to read as follows:
503.1.2.1 Remoteness. Unless otherwise approved, where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one-half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses.
802
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67 b. 503.2.1 of the California Fire Code is deleted in its entirety and replaced with the following:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7315 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm).

For additional requirements or alternatives, see Riverside County Fire Department Standards and Policies, as may be amended from time to time. c. Section 503.2.2 of the California Fire Code is deleted in its entirety and replaced with the following:
503.2.2 Authority. The fire code official shall be the only authority authorized to designate fire apparatus access roads and fire lanes and to modify the minimum fire lane access widths for fire or rescue operations. d. A new Section 503.6.1 is added to Section 503.6 of the California Fire Code to read as follows:
503.6.1 Automatic opener. New motorized gates shall be provided with means to be automatically opened remotely by emergency vehicle in accordance with Riverside County Fire Department Standards and Policies, as may be amended from time to time.

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

11. Fire Protection and Water Supplies
a. A new Section 507.5.7 is added to Section 507.5 of the California Fire Code to read as follows:
507.5.7 Fire hydrant size and outlets. As determined by the fire code official, fire hydrant sizes and outlets shall be based on the following:

1. Residential Standard – one (1) four (4) inch outlet and one (1) two and half 803
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68 (2 ½) inch outlet.

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

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

12. Fire Command Center.
a. Section 508.1 of the California Fire Code is deleted in its entirety and replaced with the following:
508.1 General. Where required by other sections of this code and in all buildings classified as high-rise buildings by the California Building Code, in all buildings greater than 300,000 square feet in area and in Group I-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access, a fire command center for fire department operations shall be provided and comply with Sections 508.1.1 through 508.1.7.
b. Section 508.1.1 of the California Fire Code is deleted in its entirety and replaced with the following:
508.1.1 Location and access. The fire command center shall be located adjacent to the main lobby and shall be accessible from fire department vehicular access or as approved by the fire code official. The room shall have direct access from the building exterior at the lowest level of fire department access.
c. Section 508.1.3 of the California Fire Code is amended as follows:
508.1.3 Size. The fire command center shall be not less than 0.015 percent of the total building area of the facility served or 200 square feet (19 m2) in area, whichever is greater, with a minimum dimension of 0.7 times the square root of the room area or 10 feet (3048 mm), whichever is greater.

Where a fire command center is solely required because a building is greater than 300,000 square feet (27 870 m2), the fire command center shall have a 804
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69 minimum size of 96 square feet (9 m2) with a minimum dimension of 8 feet (2438 mm) where approved by the fire code official.

13. Fire Protection and Utility Equipment Identification and Location. A new section 509.2.1 is added to 509.2 of the California Fire Code to read as follows:
509.2.1 Minimum clearances. A 3-foot (914 mm) clear space shall be maintained around the circumference of exterior fire protection system control valves, or any other exterior fire protection system component that may require immediate access, except as otherwise required or approved.

14. Mechanical Refrigeration. Section 608.11.1.2 of the California Fire Code is deleted in its entirety and replaced with the following:
608.11.1.2 Manual operation. When required by the fire code official, automatic crossover valves shall be capable of manual operation. The manual valves shall be located in an approved location immediately outside of the machinery room in a secure metal box or equivalent and marked as Emergency Controls.

15. Automatic Fire Sprinkler Systems
a. Section 903.2 of the California Fire Code is deleted in its entirety and replaced with the following:
903.2 Where required. In all new buildings and structures which are 3,000 square feet or greater, an approved automatic sprinkler system shall be provided regardless of occupancy classification. Where the Sections 903.2.1 – 903.2.21 of the California Fire Code require more restrictive requirements than those listed below, the more restrictive requirement shall take precedence.

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

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

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

1. Spaces or areas in telecommunication buildings used exclusively for 805
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70 telecommunications equipment, associated electrical power distribution equipment, and batteries not required not required to have an automatic sprinkler system by Section 1207 of for energy storage systems and standby engines, provided that those spaces or areas are equipped throughout with an automatic smoke detection system in accordance with Section 907.2 and are separated from the remainder of the building by not less than 1-hour fire barriers constructed in accordance with Section 707 of the California Building Code or not less than 2-hour horizontal assemblies constructed in accordance with Section 711 of the California Building Code, or both.

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

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

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

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

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

The following exceptions in the California Fire Code shall not be allowed:
a. Exception in Section 903.2.3
b. Exception in Section 903.2.11.3
b. A new Section 903.3.5.3 is added to Section 903.3.5 of the California Fire Code to read as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.

16. Commercial Hood and Duct Systems. A new Section 904.2.2.1 is added to Section 904.2.2 of the California Fire Code to read as follows:
904.2.2.1 Activation of the Fire Alarm System. Where a fire alarm signaling system, or a Dedicated Function Fire Alarm System is serving the occupancy where the extinguishing system is located, the actuation of the automatic fire806 Ordinance No. _____ Page 71
71 extinguishing system shall actuate the fire alarm signaling system in accordance with the requirements of NFPA 72.  If a fire alarm signaling system, or a Dedicated Function Fire Alarm System is not present, one will be required to be installed to provide monitoring for the automatic fire-extinguishing system.

17. General Fire Protection and Life Safety Features of High-Piled Storage. A new section is added to Section 3206.4.2 is added to 3206.4 of the California Fire Code to read as follows:
3206.4.2 Minimum requirements for client leased or occupant owned warehouses. Designs of an automatic sprinkler system for client leased or occupant owned buildings containing high pile storage shall be based on the requirements of NFPA 13. Unless otherwise approved a Professional Engineer, licensed in the State of California shall perform a survey of the building to determine commodity classification, storage configuration, building height and other information related to the development of an appropriate sprinkler system design. The engineer shall also make reasonable efforts to meet with the building owner or operator to understand seasonal or customer related fluctuations to the stored commodities, storage height, and configuration. The sprinkler design shall be based on the most demanding requirements determined through the onsite survey and discussions with the building owner or operator. The technical report shall describe the basis for determining the commodity and sprinkler design selection, how the commodities will be isolated or separated, and include references to the design document(s), including NFPA 13 or the current applicable factory mutual data sheets. If a specific fire test is used as the basis of design, a copy of the fire test report shall be provided at the time of plan review.

18. Mobile Food Preparation Vehicles. A new Section 4107 is added to Chapter 41 of the California Fire Code to read as follows:
4107 – MOBILE FOOD PREPARATION VEHICLES.

New Sections 4107.1 through 4107.2.3 are added to Section 4107 of the California Fire Code to read as follows:
4107.1 General. Mobile food preparation vehicles that are equipped with appliances that produce smoke or grease-laden vapors shall comply with this sections 4107.1 through 4107.2.3.
4107.2 Maintenance. Maintenance of systems on mobile food preparation vehicles shall be in accordance with Sections 4107.2.1 through 4107.2.3. 4107.2.1 Exhaust system. The exhaust system, including hood, grease-removal devices, fans, ducts and other appurtenances, shall be inspected and cleaned in accordance with Section 606.3.
807
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72 4107.2.2 Fire protection systems and devices. Fire protection systems and devices shall be maintained in accordance with Section 901.6. 4107.2.3 Fuel gas systems. LP-gas containers installed on the vehicle and fuelgas piping systems shall be inspected annually by an approved inspection agency or a company that is registered with the U.S. Department of Transportation to requalify LP-gas cylinders, to ensure that system components are free from damage, suitable for the intended service and not subject to leaking. CNG containers shall be inspected every 3 years in a qualified service facility. CNG containers shall not be used past their expiration date as listed on the manufacturer’s container label. Upon satisfactory inspection, the approved inspection agency shall affix a tag on the fuel gas system or within the vehicle indicating the name of the inspection agency and the date of satisfactory inspection.

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

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

B103.2.1 Wildland-Urban Interface Area Subdivisions. The minimum fire flow for any new subdivision or tract constructed within a Wildland-Urban Interface Area shall be 1,500 gallons per minute.
b. Table B105.2 of the California Fire Code is amended as follows:

TABLE B105.2 - REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES

AUTOMATIC SPRINKLER SYSTEM

AUTOMATIC

SPRINKLER SYSTEM
(Design Standard)

MINIMUM FIRE-FLOW
(gallons per minute)

FLOW DURATION
(hours)
No automatic sprinkler
system
Value in Table B105.1(2) Duration in Table
B105.1(2)
808
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73 Section 903.3.1.1 of
the California Fire Code
50% of the value in Table
B105.1(2)
Duration in Table
B105.1(2) at the reduced
flow rate
Section 903.3.1.2 of
the California Fire Code
50% of the value in Table
B105.1(2)
Duration in Table
B105.1(2) at the reduced
flow rate
For SI: 1 gallon per minute = 3.785 L/m.
a. The reduced fire-flow shall be not less than 1,000 gallons per minute. b. The reduced fire-flow shall be not less than 1,500 gallons per minute.

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

C103.1 Hydrant spacing. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 of the International Fire Code shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall be in accordance with Sections C103.2 and C103.3. Fire hydrants shall be provided at street intersections. 809
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74 CHAPTER 15.28

ADDRESS NUMBERING
Sections:

15.28.010 Rules and regulations for street address numbers

15.28.020 Street address numbers, size, and height

15.28.025 Entrance numbers

15.28.030 Street address numbers responsibility

15.28.040 Street address numbers designation

15.28.050 Correcting erroneous numbers

15.28.060 Unnumbered buildings and obliterated/obstructed numbers

15.28.070 Violation—Penalty.

15.28.010 Rules and regulations for street address numbers

The Building Official shall adopt such reasonable rules and regulations as are necessary to implement the street address number provisions of this article, codified in this chapter.

15.28.020 Street address numbers, size, and height
The City of Palm Desert, Building and Safety Division, shall provide a street address to all buildings used for residential, commercial, industrial, institutional, or governmental purposes. New and existing buildings shall have approved street address numbers, building numbers, or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. The minimum dimensions of any street address number designated by the Building Official shall be as shown in Table 15.28.020A.

TABLE 15.28.020A
Distance From Street to
Building Minimum Figure Size
Over To Height Width Stroke of
Line
Building
Placement
(Maximum
Height)
0’ 10’ 6” 2” ½” 8’
11’ 25’ 6” 2 ¼” ½” 10’
26’ 35’ 7” 2 ½” ½” 12’
36’ 45’ 10” 3” ⅝” 14’
46’ 55’ 10” 3 ½” ¾” 16’
56’ 65’ 10” 4” ¾” 18’
66’ 75’ 10” 4 ½” ⅞” 20’
76’ 85’ 12” 5” 1” 22
86’ 95’ 12” 5 ½” 1 ⅛” 24’
96’ 200’ 12” 6” 1 ¼” 26’
810
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75 Stroke of Line – Helvetica Bold or Equal. Design (including shape and style) as well as location of the street address numbers shall be such that they are legible and easily readable. The Building Official may prescribe a street address number larger in size than stated in Table 15.28.020A when determined that lighting conditions, building locations, shadows, background, or readable from the street or approach to the entrance. A street address number of unusual design or placement may not be employed without prior written approval of the Building Official.

15.28.025 Entrance numbers
All entrance numbers from the public streets or parking lots in the city to residential, commercial, or multiple tenant buildings shall be numbered as hereafter provided.

Building address number and or suite unit number of each and every entrance shall be placed upon, or immediately above or adjacent to the door or gate closing of said entrance where multi-numbered street addresses exist on a site. Single numbered street addresses on a building will only require the suite number immediately above or adjacent to the door or gate of said entrance. Each figure of said number shall be no less than four inches in height and of corresponding width. (See Section 15.28.020.) The owner, agent or other person shall cause said building to be numbered in accordance with the building official or designee within thirty days. Results of the Building Official’s decision shall be filed with each address record.

Exception: Numbers for single family residences less than thirty feet from the curb to front of building may be a minimum of four inches high by one and one-half inches wide. Notwithstanding the above, the Building Official may set forth different standards on a case-by-case consideration to comply with the intent of this chapter.

15.28.030 Street address numbers responsibility
Every person having ownership, possession, custody, control or charge of any building structure or parking lot shall have and maintain the established street address number thereon upon or near each entrance from a street of the city, and from any other public access way, in the manner and location designated by the building official or designee. “Access way” shall include, but not be limited to, any alley, stairway, driveway, or walkway.

15.28.040 Street address numbers designation
Installation, change, substitution, or removal of any existing or subsequently designated street address number shall be completed within thirty days after receipt by the owner, occupant, lessee, tenant, subtenant, fiduciary or custodian of such building, structure or parking lot, or any person or agent in charge thereof, of a written notice containing appropriate instructions therefor, from the Building Official. 811
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76 15.28.050 Correcting erroneous numbers
In cases where incorrect numbers have been placed and remain or shall hereafter be placed on any house or building, the owner, agent, or other person shall, upon notification by the Building Official, correct the erroneous numbers within thirty days after official notification.

15.28.060 Unnumbered buildings and obliterated/obstructed numbers In cases where a building or structure remains unnumbered or where a building or structure may have been numbered and the number since lost or destroyed or defaced as to be unintelligible from right-of-way, the owner, agent, or other person will cause said building or structure to be numbered in accordance with the official notification of the building official within thirty days. All numbered street addresses must be kept clear from all obstructions, including, but not limited to, vegetation, signs, banners, and vehicles.

15.28.070 Violation—Penalty
It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person violating any provision of the chapter or failing to comply with any of the requirements is deemed guilty of a violation of Chapter 1.12 of the Palm Desert Municipal Code.
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77 CHAPTER 15.30

CONSTRUCTION SITE SECURITY
Sections:

15.30.010 Construction site security

15.30.020 New construction

15.30.030 Requirements to receive a building permit.

15.30.010 Construction site security
A. The owner, contractor, or responsible party constructing a new building, addition, alteration, swimming pool, demolition to an existing structure, or construction conditions on a property shall maintain security measures as deemed necessary or as required by the building official to control vandalism, fires, blowing dust, sand, or debris.

B. Perimeter security fencing is required along all property lines. Fencing shall be a minimum of six feet high with a minimum of ninety-four percent blackout heavy-duty plastic and/or fabric screening. The number of access points onto the site shall be minimized, and where feasible, situated in locations that are highly visible from an adjacent street. Vehicle and pedestrian gates and openings shall have gates secured after hours of operation. Locking gates shall be secured with a minimum 3/8-inch thick, 30-grade coil chain or a minimum 5/16-inch cable. The perimeter security fencing shall be maintained and remain in place throughout the duration of the project or until a permanent wall/fencing is installed.

C. The owner, contractor, or responsible party shall keep the construction site clean by having adequately sized discarded materials containers placed on the site for the depositing of discarded materials. For the purpose of this section, discarded materials shall have the same meaning as in Chapter 8.16 and shall include those substances that may be accumulated as a result of construction activities.

D. In accordance with Section 15.18.010, the owner, contractor, or responsible party will meet diversion requirements as specified in Chapters 4 and 5 of the California Green Building Code, 23 CCR, Part 11. Containers, as defined in Chapter 8.16 of this municipal code, shall remain on the construction site until the building inspector has completed the final inspection or has approved the removal of the container. Said container shall be emptied of its contents on a regular schedule or as ordered by the building inspector in order to avoid blowing debris or other public nuisances.

E. Disposal shall be by transportation to a legally established recovery, processing, or disposal site by the city’s franchise waste hauler or other person authorized by law to remove any container from the location where the person in charge for storage and collection placed the container.
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78 F. Refusal to comply with the provisions of this section shall be deemed a misdemeanor or infraction and is punishable as stipulated in Chapter 1.12 of this code. The noncompliance can be sufficient cause for the revocation of the issued building permit.

15.30.020 New construction
Persons applying for a permit from the city for new construction, building additions, and alterations shall comply with the adequate container space requirements of Section

8.12.030 and applicable required components of the California Green Building Standards If the CALGreen requirements are more stringent than the container enclosure requirements of Section 8.12.030, the CALGreen requirements shall apply.

15.30.030 Requirements to receive a building permit
Prior to the issuance of a building permit for all new projects requiring a building permit, the proponent of the project shall obtain the review and approval of the city manager or their designee of a plan depicting the recyclable materials and/or organic materials collection area or areas for the project. The plan shall comply with the following provisions:

A. Location. recyclable materials and/or organic materials collection areas may be located either indoors or outdoors and may be included as part of the same enclosure where solid waste is collected. In no case shall any recyclable materials and/or organic materials collection area be farther from a dwelling unit or structure than the solid waste collection area which serves the same dwelling unit or structure.

B. Signage. Collection areas and containers shall be clearly labeled to indicate the type and condition of discarded materials accepted.

C. Space Allocation Based on an Approved Recycling Plan. In lieu of having specific collection area space allocation tables or formulas, and to allow maximum flexibility, a recycling plan may be submitted by the applicant which details the recyclable materials and/or organic materials collection system from the individual workstations to the final collection area and/or the size of interim and final collection areas (which must be minimum of one hundred twenty-eight square feet) and type of materials collected.
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79 CHAPTER 15.32

MOVED BUILDINGS, AND TEMPORARY STRUCTURES
Sections:

15.32.010 Permits required

15.32.020 Application and investigation fee

15.32.030 Investigation and report

15.32.040 Denial of permit

15.32.050 Security required

15.32.060 Conditions of security

15.32.070 Permit issuance and fees

15.32.080 General requirements

15.32.090 Expiration of permits

15.32.110 Procedure upon default

15.32.120 Release of security

15.32.010 Permits required
It is unlawful for any person, firm, or corporation to move or cause to be moved any building or structure excepting which is relocated as construction requires, into or within the city without first obtaining a permit to do so from the Building Official.

Exception: Buildings moved to the business premises of a house for the purpose of temporary storage. a contractor’s tool house, construction office, or similar structure,

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

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

15.32.030 Investigation and report
The Building Official may cause an investigation to be made of each building or structure for which an application for a relocation permit has been received. A written report shall be prepared based on such inspection, and a copy of the report shall be given to the applicant. This report shall contain the approval or disapproval by the Building Official for relocating the building. If approved for relocation, the report may list the requirements and corrections necessary for making the building conform to the codes adopted herein. 815
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80 In granting an approval for relocation, the Building Official may impose such terms and conditions as deemed reasonable and proper, including time limits for completion of all work, and requirements for whatever changes, alterations, additions, or repairs are necessary to assure that relocation will not be materially detrimental or injurious to public health, safety and welfare.

The investigation report shall remain valid for a period of one hundred eighty days after the building or structure has been inspected, after which time a new investigation and report may be required by the Building Official.

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

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

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

The performance bond required by this section shall:

1. Be in form joint and several;
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81 2. Name the city of Palm Desert as the obligee.

3. Guarantee that the required work will be completed or, when ordered by the building official, the building or structure will be removed or demolished and the site cleared, cleaned, and restored to its original condition; within a reasonable time frame set by the building official;

4. Be in an amount equal to the estimated cost, plus ten percent, of the work required to be done in order to comply with all of the conditions of the relocation permit or shall be in an amount equal to the cost of demolition and removal, whichever is greater. Such costs for purposes of the bond shall be as estimated by the building official;

5. State therein the legal description or address of the property to which the building or structure is to be relocated.

15.32.060 Conditions of security
Every performance bond, cash bond or assignment of shares required by this article shall be conditioned as follows:

1. Unless otherwise specified in the investigation report, work required to be done pursuant to the conditions of the relocation building permit shall be initiated within one hundred eighty days from the date of issuance of the permit;

2. The time limit specified may be extended for good and sufficient cause after written request of the principal or surety, before said time limit has expired. The building official shall notify the principal and surety in writing of such time extension and may extend the time limit without consent of the surety;

3. The term of each bond posted pursuant to this section shall begin upon the date of the posting thereof and shall end upon the completion to the satisfaction of the building official of the performance of all the terms and conditions of the relocation building permit;

4. The building official and the surety, or the duly authorized representative of either, shall have access to the premises described in the relocation permit for the purpose of inspecting the progress of the work;

5. Upon default by the principal, the surety shall cause all required work to be performed as set forth as stated in the investigation report and relocation permit;

6. In the event of default in the performance of any term or condition of the relocation permit, the surety or any person employed or engaged on its behalf, or the building official or any person employed or engaged on his or her behalf, may go upon the premises to complete the required work or to remove or demolish the building or 817
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82 structure, and to clear, clean and restore the site.

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

The valuation for the purpose of determining the relocation permit fee shall be based upon the building official’s estimate of the cost of work necessary to relocate the structure and to bring into compliance with conditions listed on the investigation report and permit.

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

1. The location and address of the old and new sites;

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

3. Plans and specifications for the proposed improvements at the new location, including drainage, foundation design and attachment, structural, geologic and soil engineering as appropriate;

4. The definition of the route of travel for the structure to be moved. The time and route shall be subject to the approval of the city engineer, fire chief and chief of police;

5. A termite inspection report prepared by a legally qualified person;

6. The abandonment of sewage disposal systems and/or sewer laterals as set forth in the California Plumbing Code, for the old and the new parcels involved;

7. A current photograph showing all four elevations of each structure to be relocated;

8. Such additional information as shall be deemed reasonably necessary by the building official to carry out the intent and purpose of this chapter;

9. That the structure shall comply or be altered to comply with current building, electrical, comfort heating, and air conditioning and plumbing code requirements; and

10. The vacated site shall be cleaned and restored to a safe and sightly condition, 818
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83 including the removal of abandoned foundation systems.

15.32.090 Expiration of permits
Permits for the relocation, reconstruction and repair of a building or structure shall be null and void in accordance with the provisions of CBC, Chapter 1, Division II, Section 105.5 if the building or structure is not relocated to the proposed site and/or the required work commenced within one hundred eighty consecutive calendar days of the date of issuance of such permits.

15.32.110 Procedure upon default

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

Exception: The surety may be granted a release from its obligation to perform under the conditions of the performance bond provided:
a. A written agreement is executed between surety and the division of building and safety under which the division assumes responsibility for causing completion of required work or demolition of the structure; and b. A cash bond is posted by surety in the amount of the performance bond, payable to the city, to enable the building official to cause the required work of repair or demolition to be performed in accordance with subsection B of this section.

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

3. Assignment of Shares. When an assignment of shares has been posted the building official shall give notice of default to the principal in the manner set forth above. Should the principal fail to comply with requirements within the specified time period, the building official may request payment of the assigned certificates or share or any portion thereof by the savings and loan association and at his or 819
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84 her own discretion the building official may proceed without delay and without further notice or proceeding to use such assets to cause the required work to be completed by contractor or otherwise.

15.32.120 Release of security

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

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

3. Assignment of Shares. When an assignment of shares has been made and all requirements of the relocation permit have been completed, the building official shall notify the savings and loan association and shall do all things reasonably necessary to effect a release of said assignment to the principal or to his or her successors or assigns, except any portion thereof that may have been used, cashed or deducted as provided elsewhere in this chapter. 820
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85 CHAPTER 15.34

SAFETY ASSESSMENT PLACARDS

15.34.010 Intent

15.34.020 Application of provisions

15.34.030 Definitions

15.34.040 Placards

15.34.010 Intent
This chapter establishes standard placards to be used to indicate the condition of a structure for continued occupancy. The chapter further authorizes the Chief Building Official and their authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment.

15.34.020 Application of provisions
The provisions of this chapter are applicable to all buildings and structures and all occupancies regulated by the city. The city council may extend the provisions as necessary.

15.34.030 Definitions
“Safety assessment” means a visual, nondestructive examination of a building or structure for the purpose of determining the condition of the building or structure for continued occupancy.

15.34.040 Placards
A. The following are verbal descriptions of the official jurisdiction placards to be used to designate the condition for continued occupancy of buildings or structures. Copies of actual placards are attached to the ordinance codified in this chapter and adopted by reference.

1. “INSPECTED” - Lawful Occupancy Permitted (Green Placard) is to be posted on any building or structure wherein no apparent structural hazard has been found.

This placard is not intended to mean that there is no damage to the building or structure.

2. “RESTRICTED USE” - (Yellow Placard) is to be posted on each building or structure that has been damaged, wherein the damage has resulted in some form of restriction to the continued occupancy. The authorized individual posting this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy. 821
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86 3. “UNSAFE” - Do Not Enter or Occupy (Red Placard) is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the building official, or his or her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The authorized individual who posts this placard will note in general terms the type of damage encountered.

B. The number of the ordinance codified in this chapter, the name of the jurisdiction, its address and phone number shall be permanently affixed to each placard.

C. Once it has been attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the building official.

It is unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this chapter.
822
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87 CHAPTER 15.36

STREAMLINED ELECTRIC VEHICLE CHARGING STATIONS PERMITTING

15.36.010 Adoption

15.36.020 Purposes

15.36.030 Definitions

15.36.040 Expedited permitting requirements

15.36.050 Permit application process

15.36.060 Technical review

15.36.070 Electric vehicle charging station installation requirements.

15.36.010 Adoption
That this chapter is hereby adopted by reference as “Streamlined Electric Vehicle Charging Stations Permitting” for the city of Palm Desert, and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the city of Palm Desert.

15.36.020 Purpose
The purpose of this chapter is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This chapter is also purposed to comply with California Government Code Section 65850.7.

15.36.030 Definitions
“Electronic submittal” means the utilization of one or more of the following:

1. Electronic mail or email.

2. The Internet.

3. Facsimile.
“Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. 823
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88 15.36.040 Expedited permitting requirements
The building official shall implement an expedited, streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California:

Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. The city’s adopted checklist shall be published on the city’s website.

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

B. A permit application that satisfies the information requirements in the city’s adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the building official that the permit application and supporting documents meets the requirements of the city adopted checklist, and is consistent with all applicable laws and health and safety standards, the building official shall, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the city. If the building official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

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

15.36.060 Technical review
A. It is the intent of this chapter to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the building official’s authority to address higher priority life-safety situations. If the building official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in this chapter, the city may require the applicant to 824
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89 apply for a use permit.

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

15.36.070 Electric vehicle charging station installation requirements.

A. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission.

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

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

D. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.
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90 CHAPTER 15.38

DEMOLITION OF BUILDINGS AND STRUCTURES
Sections:

15.38.010 Purpose

15.38.020 Demolition permits required

15.38.030 Permit issuance restrictions

15.38.040 Construction Documentation

15.38.050 Security required

15.38.060 Conditions of security

15.38.070 Procedure upon default

15.38.080 Release of security

15.38.010 Purpose
The purpose of this chapter is to establish minimum requirements, standards, and processes for the permitting of demolition activities with the necessary safeguards to protect the public against personal injury or property damage and to ensure a timely completion of the demolition or removal and cleanup of the site.

15.38.020 Demolition permit required
(a) No person shall demolish, cause to be demolished, or remove any whole building, structure, or any portion of a building, structure, or tenant space within the city without first obtaining a permit.

A structure includes swimming pools, spas, telecommunication facilities or towers, block walls, and retaining walls.
(b) All work pertinent to the demolition shall be completed no later than 180 days after the date of permit issuance.
(c) A demolition permit is not required for land owned and controlled by the United States of America or by the State of California.

15.38.030 Permit issuance restrictions
No person may demolish a structure unless the person holds a valid State of California Contractor’s License authorizing demolition work or is the owner of the real property on which the structure to be demolished is situated.

15.38.040 Construction Documentation
To obtain a permit, the applicant shall first file an application with the City of Palm Desert.

The building official may require site and/or floor plans, structural shoring plans, construction site security plans, fugitive dust control plans, construction waste management plans, compaction reporting, and other approvals from outside agencies. 826
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91 If said building or structure is historically designated or could be considered significant, an additional review is required to ensure compliance with PDMC 29.60 Cultural Resources.

15.38.050 Security required
The building official shall be vested with the authority to require the demolition project to first post a performance bond executed by the property owner, or authorized owner’s representative from an approved surety company authorized to do business in the state as surety; or a cash bond naming the City of Palm Desert as the payee. A security requirement is at the discretion of the building official.

15.38.060 Conditions of security
When required, every performance bond or cash bond shall be conditioned as follows:

1. The performance or cash bond shall be the contract price plus ten (10) percent.

2. All demolition work, clean up, and any necessary site restoration required under said demolition permit shall be completed within 180 days from the date of issuance of the permit.

3. The time limit specified may be extended for good and sufficient cause after written request of the principal or surety, before said time limit has expired. The building official shall notify the principal and surety in writing of such time extension and may extend the time limit without the consent of the surety.

4. The City of Palm Desert shall retain the performance bond and shall remain in full force and effect for the duration of the demolition permit and for thirty days thereafter.

5. The building official and the surety, or the duly authorized representative of either, shall have access to the premises described in the relocation permit for the purposes of inspecting the progress of the work.

6. The project shall comply with the requirements of the City of Palm Desert Municipal Code and technical codes that apply to the demolition project.

7. If the City of Palm Desert determines that the applicant has failed to comply with these requirements, the City of Palm Desert shall notify Surety of Applicant’s default, and Surety shall either perform the Work or shall pay the City of Palm Desert an amount necessary to bring the Work into conformance with these requirements. 827
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92 15.38.070 Procedure upon default
Should the principal fail to comply with the conditions specified in the demolition permit, the building official shall provide written notice of default to both the principal and the surety named in the security bond. The notice of default shall state the conditions of the bond, which have not been complied with, and shall specify the period of time the building official deems to be reasonably necessary for completion of the work. Upon receipt of a notice of default, the surety shall cause the required work to be completed within the time specified and whichever the case the site shall be suitably cleared, cleaned and restored to the satisfaction of the building official.

15.38.080 Release of security

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

2. Cash Bond. When a cash bond has been posted and all requirements of the relocation permit have been completed, the building official shall return the cash to the depositor, or to his or her successor or assigns, except any portion thereof that may have been used, cashed, or deducted as provided elsewhere in this chapter. 828