Palm Desert City Council
January 8, 2026

CONFLICT OF INTEREST AWARENESS CHECKLIST:
☒ Site-Specific Property Interest – Councilmembers should check if they own or lease real property within 1,000 feet of the project site (Gov. Code § 87103(b); FPPC Reg. 18702.2). ☐ SB 1439 Applicability (Campaign Contributions) – Applies to licenses, permits, or other entitlements for use, and to contracts or franchise agreements other than competitively bid, labor, or personal employment contracts.

Applicant(s)/Appellant(s): _________________________
Councilmembers should review any campaign contributions received within the last 12 months from parties or participants to the proceeding and must not accept contributions over $500 from those parties for 12 months following the final decision (Gov. Code § 84308).

Note: These indicators are informational and do not constitute a legal determination. Each Councilmember is responsible for identifying and disclosing any disqualifying interests in accordance with the Political Reform Act and FPPC regulations. 399
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FUNDING AND

RESERVATION OF CAPACITY AGREEMENT
for

COOK STREET SUBSTATION
(PLANNED CONFIGURATION)
THIS FUNDING AND RESERVATION OF CAPACITY AGREEMENT (this “Agreement”) is made this ____ day of _______________________, by and between Imperial Irrigation District, an irrigation district formed under the Water Code of the State of California (“IID”) on the one hand, and the City of Palm Desert, an incorporated city in the County of Riverside, State of California (“Palm Desert”), City of Rancho Mirage, an incorporated city in the County of Riverside, State of California (“Rancho Mirage”), County of Riverside, a political subdivision of the State of California (“County’) (each of Palm Desert, Rancho Mirage and County being referred to herein as an “Agency” and collectively as the “Agencies”), The H.N. and Frances C. Berger Foundation, a 501(c)3 corporation (“Berger Foundation”) and each of the developers listed on Exhibit “A” attached hereto and incorporated herein by reference (each, a “Developer” and, collectively, the “Developers”) on the other hand. For purposes of this Agreement, Palm Desert, Rancho Mirage, County, Berger Foundation and Developers may be referred to herein as a “Participant” and collectively, as the “Participants”). IID and the Participants are referred to herein individually as a “Party” and collectively, as the “Parties”; WHEREAS, IID is the electrical service provider within a defined service territory area within Imperial County, California and portions of Riverside County, California (“District Service Area”) and Participants seek to induce IID to develop new electrical distribution service within the District Service Area to facilitate new growth and development as identified herein;
WHEREAS, the Participants agree that a new electrical distribution substation and related equipment, including corresponding transmission and distribution line extensions to support the new substation (collectively, the “New Facility”) is necessary to meet the anticipated electrical service needs to meet such new growth and development as identified herein;
WHEREAS, the New Facility is initially intended to accommodate one (1) 28MVA transformer and one (1) 50MVA transformer, and is anticipated to address Participants’ immediate electrical service needs as identified herein (the “Planned Configuration”), but which New Facility can be expanded by replacing the 28MVA transformer with a larger transformer as well as be further expanded by adding thereto the New Facility a third separate transformer (for a total of three transformers) in final configuration to meet additional future electrical service needs (the “Expanded Configuration); a schematic representation of the New Facility in the Planned Configuration is shown on Exhibit “B”, attached hereto and by reference incorporated herein;
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WHEREAS, the New Facility, in the Planned Configuration, by and through the Reliability Band (defined below), will provide certain benefit to the reliability and resiliency of the IID electric system in partial support of IID’s Edom Substation and Frances Way Substation, which provide electrical capacity in service to existing customers and other development located generally west, north and east of the New Facility; WHEREAS, Berger Foundation, as a Participant hereunder this Agreement, has identified an approximately five and seventy-four hundredths acre (5.74 ac) parcel of land owned by Berger Foundation (the “Site”) and which Site Berger Foundation agrees herein (i) to dedicate to IID for purposes of constructing the New Facility thereon; (ii) facilitate and complete the construction of the Site Improvements (defined below) and to pay the cost therefor in advance of dedication of the Site to IID, subject to reimbursement therefor in the form of credits as are more fully described herein. The approximate location and intended boundaries of the Site are shown on Exhibit “B” attached hereto and incorporated herein by reference;
WHEREAS, the Parties intend hereby to set forth the framework for the Participants, at their collective cost and expense as set forth below, to induce IID to (a) undertake and complete design and engineering of the New Facility in the Planned Configuration; (b) procure materials, supplies, and equipment for the New Facility in the Planned Configuration; and, (c) fund, by advancing IID’s reasonable and actual costs for engineering, development construction and commissioning of the New Facility in the Planned Configuration (“Construction Costs”). A preliminary estimate of the Construction Costs is shown on Exhibit “C”, attached hereto and incorporated herein by reference; WHERAS, the Parties further intend hereby to set forth the framework for the Participants, at their collective cost and expense as set forth below, to induce Berger Foundation, with IID’s approval, to (a) undertake and complete the design and engineering of the Site Improvements; (b) procure materials, supplies and equipment for the Site Improvements; (c) undertake and complete the Site Improvements; and (d) dedicate the Site to IID in such improved condition as identified herein;
WHEREAS, as Berger Foundation will advance certain initial funding and/or in-kind advances, in amounts approved by IID and the Participants prior to commencement of any work on the Site Improvements, including, without limitation, (a) design and engineering of the Site Improvements; (b) procurement of materials, supplies and equipment for the Site Improvements; (c) construction of the Site Improvements; and (d) dedication of the Site to IID in its improved condition, all as a condition to the construction of the New Facility in the Planned Configuration to accommodate Participants’ electrical requirements, the Berger Foundation will be entitled to reimbursement credits therefor on the terms and conditions set forth herein; and,
WHEREAS, because Participants are to collectively bear the expense for the New Facility as set forth below, IID agrees the Participants should be entitled to a reservation of electrical capacity from the New Facility in the amounts, durations and upon the terms and conditions set forth herein.
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NOW THEREFORE IT IS AGREED AS FOLLOWS:

1. New Facility Requirements. The Parties agree that the New Facility in the Planned Configuration is necessary to serve Participants’ respective electrical service needs and the New Facility, when constructed to the Planned Configuration, will have the capacity necessary to facilitate growth and development and mitigate the impacts to IID’s electric system directly caused by Developers’ projects and other Participants’ anticipated electrical service needs as identified herein. The Parties further agree that due to the location of Developers’ projects, the New Facility in the Planned Configuration is necessary to accommodate electric service thereto such projects and electrical service needs. The Parties agree that the New Facility in the Planned Configuration has been developed based upon information supplied by the Participants. Participants expressly acknowledge and agree that they will be responsible for funding their respective share of the cost of the New Facility in the Planned Configuration as set forth in this Agreement.

2. CEQA Compliance. IID agrees that it will serve as the lead agency with respect to the California Environmental Quality Act (CEQA) in connection with the New Facility and that following the Parties full and complete execution of this Agreement, will undertake all necessary studies and analyses necessary or prudent to ensure appropriate compliance with CEQA. All cost and expense associated with the foregoing, including the cost of any mitigation measures or other fees or costs arising therefrom or in connection therewith shall be included as part of the Construction Costs. IID will include in any required analyses, the New Facility in its Expanded Configuration (as opposed to only the Planned Configuration), together with the Site Improvements as well as potential routes and configurations for the Customer Distribution Facilities (defined below).

Notwithstanding the foregoing, the Parties acknowledge and agree that execution of this Agreement and construction of the New Facility, in any configuration, or any other element thereof, is subject to compliance with CEQA as set forth herein and pursuant to applicable law.

3. Construction Documents.
a. IID Responsibility. IID shall be responsible for creating all plans, specifications, and construction drawings for the engineering and design of the New Facility in the Planned Configuration (the "Construction Documents"). b. Berger Foundation Responsibility. Berger Foundation, in connection with its dedication of the Site to IID pursuant to Section 5 below, and in consultation with IID, shall be responsible for creating all plans, specifications and construction drawings for the engineering and design of the Site Improvements (defined below) for the New Facility in the Expanded Configuration, including all costs therefor, subject to a credit therefor, as set forth in this Agreement. 403

4. Procurement of Materials.

a. IID Responsibility. IID will procure products and equipment required for the New Facility in the Planned Configuration, particularly long lead time products and materials, in order to maximize cost efficiencies and avoid delay. b. Berger Foundation Responsibility. Berger Foundation, in consultation with IID, will procure products and equipment required to make the Site Improvements for the New Facility in the Expanded Configuration, subject to a reimbursement credit therefor as set forth in this Agreement.

5. Site.
a. Site Dedication. Not later than ninety (90) calendar days following the Parties complete execution of this Agreement, IID and Berger Foundation shall enter into a binding agreement for the transfer of the fee interest in and to the Site, without encumbrances, to IID to occur not later than ninety (90) calendar days following Berger Foundation’s completion of the Site Improvements as set forth below (the “Site Dedication”). Such binding agreement shall provide for the handling of such transfer by and through an escrow company of IID’s selection, together with provision for the issuance of a California Land Title Association (CLTA) Owner’s Policy and appropriate endorsements therefor. Berger Foundation shall confer and coordinate with IID’s real estate section in connection with the foregoing.
b. Site Valuation; Appraisal. Not later than fourteen (14) calendar days following the Parties complete execution of this Agreement, Berger Foundation shall contract with an MAI appraiser for the conduct and preparation of a written appraisal and report (the “Appraisal”) regarding the fair-market value of the Site (the “Site Valuation”), and which appraisal shall be completed no later than thirty (30) days from the date of contracting with such appraiser. Upon completion and receipt the Appraisal, Berger Foundation shall promptly distribute a copy of same to the Parties for review. The Parties shall have ten (10) calendar days from the date of receipt of the Appraisal within which to object to the Appraisal and any determination of fair-market value of the Site set forth therein (a “Site Valuation Objection”) by giving notice to the Parties thereof on or before the expiration of such ten (10) calendar day period. Failure of a party to timely object within such period shall be deemed a full and complete waiver of such Party’s right to make a Site Valuation Objection and such Party shall be deemed to have accepted the Site Valuation. In the event any Party hereto makes a timely Site Valuation Objection, then not later than ten (10) calendar days following receipt of such Site Valuation Objection, the Parties shall meet, in good faith, in an effort to resolve the objection of the objecting Party with respect to the Site Valuation, provided, however, if the Parties, inclusive of the objecting Party, are unable to resolve the objection during such meeting, then IID, in its sole discretion and determination, may terminate this Agreement as to the objecting party and may, in accordance 404

with Section 10, either, (i) reallocate the Construction Costs amongst the remaining, non-objecting Parties and/or (ii) identify substitute participants to replace such terminated Party.
c. Site Improvements. In conformance with IID’s substation sitedevelopment standards, and in consultation with IID, Berger Foundation shall undertake and complete all required site improvements necessary to ready the Site for construction of the New Facility in the Expanded Configuration thereon, which site improvements include, without limitation, site grading, perimeter fencing/walls and gates, grounding grid, and graded all-weather access ways to and from the Site to the nearest paved, public roadway (the “Site Improvements”).

Berger Foundation shall undertake and complete all required Site Improvements; provided, however, Berger Foundation shall be entitled to receive a credit for direct cost of the Site Improvements (the “Site Improvement Costs”) on the terms and conditions set forth in Section 7(a). The Site Improvement Costs shall be the sum total of all reasonable direct costs and expenditures incurred by Berger Foundation directly related to the completion of the Site Improvements with no mark-up to such amounts nor interest thereon any such sums expended therefor. i. Coordination and Approval of Site Improvement Costs. Prior to contracting with any duly licensed contractor for the construction and installation of the Site Improvements, Berger Foundation shall provide the Parties the opportunity to review the solicitation(s) or bid packages and the bids responsive thereto to verify they are consistent with specifications and requirements for the Site Improvements. In coordination with IID, Berger shall select the bid from the most qualified vendor(s), that are the lowest priced bid which meets such specifications and requirements for the Site Improvements together with the anticipated schedule for completion thereof. No later than ninety (90) calendar days following the Parties full execution of this Agreement and approval of all required plans and permits from all applicable governmental agencies, Berger Foundation shall provide the Parties evidence of a contract or purchase order or such other applicable documentation evidencing Berger Foundation’s commencement of the Site Improvements and shall diligently pursue completion thereof no later than one-hundred eighty (180) calendar days following such commencement. Berger Foundation shall comply with all applicable laws with respect to the construction and installation of the Site Improvements. If, during the completion of the Site Improvements, any modifications or change orders to any such contract or purchase order become necessary, and the increase in cost with respect to such modification or change order is more than ten percent (10%) greater than the estimate or bid previously obtained therefor, then Berger Foundation shall provide the Parties the opportunity to review such modifications or change orders in advance of any execution or approval thereof by Berger Foundation. All timing requirements applicable to the Site Improvements set forth in this agreement shall be automatically tolled, day-for-day, for any periods of delay outside the reasonable control of Berger Foundation, so long as Berger Foundation is exercising good faith and reasonably diligent efforts to pursue timely completion 405

of the Site Improvements. IID shall monitor and inspect the Site Improvement work to ensure conformance to applicable IID standards and requirements with all costs therefore incurred by IID to be included as Construction Costs. d. Alternative Site. In the event Berger Foundation fails, for any reason, to dedicate the Site to IID in accordance with this Agreement, then Participants, jointly and severally, shall be responsible for identifying, acquiring, and dedicating to IID, for use in the development, operation and maintenance of the New Facility, in such configuration as may then be appropriate, a suitable site which conforms to or otherwise satisfies all of IID's substation site-development standards as set forth in IID’s Substation guidelines, as such may be amended by IID from time to time (an “Alternate Site”). The Alternate Site shall be suitable to IID, in IID’s sole and absolute discretion, for development, operation and maintenance of the New Facility, in its appropriate configuration, at such location. The Site shall also accommodate all in-bound and out-bound transmission and distribution line extensions which may be required to facilitate new electrical service from the New Facility in such location. If the Site has not been formally dedicated to IID as required hereby this Section 5, IID will notify all Participant(s) of such failure and provide Participant(s) ninety (90) calendar days to cure such default by identifying, acquiring and dedicating to IID an Alternate Site. If Participants fail to cure such default within such ninety-day period or otherwise fail to take substantial steps to materially cure such default within such ninety-day period or such reasonable time thereafter as may reasonably be required to cure such default, then IID, in its sole discretion, may, without liability therefor, indefinitely suspend any further performance under this Agreement until such time as said default is cured or waived by IID in IID’s sole and absolute discretion.

6. Construction of the New Facility. With exception for the Site Improvements, which are to be constructed by Berger Foundation pursuant to Section 5(c), IID shall be responsible for constructing the New Facility in the Planned Configuration in accordance with the Construction Milestone Schedule shown on Exhibit “D”, attached hereto and incorporated herein by reference. In accordance with IID’s Regulations (defined below) and DEPG (defined below), the Participants, in consultation with IID, shall obtain any and all necessary permits and approvals required for the New Facility and shall otherwise complete or satisfy all requirements or conditions of service as set forth in IID’s Regulations and DEPG with respect to electrical service from the New Facility. Without limitation, an example of the foregoing permits or approvals may include an encroachment permit for work within dedicated roadways adjacent to the New Facility or establishment of legal and physical access rights to and from such roadway to the New Facility. Participants shall ultimately bear all responsibility in connection with any required permits, approvals or conditions of service necessary for development and construction of the New Facility and receipt of electrical service therefrom, including the cost therefor, which shall be included as part of the Construction Costs.
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a. Construction of Distribution Facilities and Special Service Conditions.

Separate from any amount paid hereunder by each Participant toward the Construction Costs for the New Facility in any configuration, each Participant shall also be responsible for and pay the costs for all distribution facilities determined by IID to be necessary for the establishment of electrical service to each Participant’s development site(s) or location of electrical service needs for each of the Participants (or their approved successor or assignee) (the “Customer Distribution Facilities”).These Customer Distribution Facilities may include the installation of underground and/or overhead distribution conduits, cables, structures, poles, wires and related equipment, including any onsite or offsite from each Developer’s respective development site(s) and/or the location of other Participant’s electrical service needs, all as may be necessary or appropriate for the distribution of electrical energy thereto. All such Customer Distribution Facilities shall be installed in accordance with IID’s Regulations and IID’s Developer Energy Planning Guide.

Additionally, each Participant shall be responsible for satisfaction of all required service conditions precedent to the establishment of electrical service to all or any part of such Participant’s development project, including obtaining necessary or appropriate rights-of-way, permits or entitlements for any such Customer Distribution Facilities to be extended, all in accordance with IID’s Regulations and IID’s DEPG. Notwithstanding the foregoing, attached hereto as Exhibit “F” and incorporated herein by reference, is a map depicting the route(s) anticipated by IID to be utilized for the extension of such Customer Distribution Facilities, namely underground and overhead distribution feeder circuits, from the New Facility to each Developer’s development site(s) and/or the location(s) of the other Participant’s electrical service needs. IID makes no representation or warranty as to the viability of such anticipated route(s) for use in the extension of such new Customer Distribution Facilities. TO THE EXTENT THE ULTIMATE DESIGN AND

IMPLEMENTATION OF ANY CUSTOMER DISTRIBUTION FACILITIES VARY

FROM THOSE SET FORTH OR OTHERWISE CONTEMPLATED HEREIN AND

ADDITIONAL PERMITS, APPROVALS, INCLUDING COMPLIANCE WITH CEQA

OR OTHER APPLICABLE LAWS IS REQUIRED, EACH DEVELOPER

REQUIRING OR NECESSITATING SUCH CUSTOMER DISTRIBUTION

FACILITIES SHALL FACILITATE AND PAY THE COST THEREFOR OBTAINING SUCH PERMITS OR APPROVALS OR COMPLIANCE PURSUANT TO IID’S REGULATIONS AND DEPG.

7. Payment of Construction Costs. The Participants, subject to the Berger Foundation Credit, and the IID Contribution (all as defined below), shall bear all costs, including, without limitation, the Construction Costs, incurred in connection with development and construction of the New Facility in its Planned Configuration and which costs shall be paid to IID in advance thereof in accordance with the Milestone Payment and Reimbursement Schedule shown on Exhibit “E”, attached hereto and incorporated herein by reference. Unless otherwise set forth in this Agreement, each and every payment shall be placed into an interest-bearing escrow account. All interest earned, if any, in that account shall be treated and 407

spent in the same manner as payments made hereunder. IID shall apply such payments and interest, if any, as set forth herein. Except as set for in Section 7(c), below, each and every payment paid to IID by each and every Participant hereunder this Agreement is paid unconditionally and shall be nonrefundable. a. Berger Foundation Credit Toward Construction Costs. The Parties hereto, inclusive of Berger Foundation, acknowledge and agree that for and in consideration of the value of the Site as the same shall be determined pursuant to Section 5(b), together with the direct cost of the Site Improvements pursuant to Section 5(c), Berger Foundation shall be entitled to and receive a credit therefore which shall be applied to partially reduce Berger Foundations pro rata share of the Construction Costs as shown on the Milestone Payment and Reimbursement Schedule shown on Exhibit “E”, attached hereto and incorporated herein by reference (the “Berger Foundation Credit”).
b. IID Contribution Toward Construction Costs. The Parties hereto, inclusive of IID, acknowledge and agree that IID shall retain no less than twenty percent (20%) of the gross electrical capacity to be realized from the New Facility, irrespective of the configuration thereof, for purposes of maintaining electrical system reliability and native-load resiliency (the “Reliability Band”) and that for and in consideration of the Reliability Band and the partial benefit to IID by the New Facility in support of select portions of IID’s existing electrical system, IID will contribute exactly eighteen percent (18%) of the Construction Costs toward payment of such Construction Costs (the “IID Contribution”). Calculation of Construction Costs for purposes of determining the IID Contribution hereunder shall specifically exclude therefrom the Site Valuation, or any portion or percentage thereof.
c. Final Cost. Upon completion (in-service) of the New Facility in the Planned Configuration, IID will true up actual costs and apply thereto any applicable credits, including, without limitation, the Berger Foundation Credit and the IID Contribution, and will then provide Participants with the final actual Construction Cost ("Final Cost") and reasonable supporting information for the Final Cost. If the Final Cost exceeds the amount of the Construction Costs then-collected by IID hereunder, including any accrued interest, then Participants shall reimburse IID for any exceedances within thirty (30) days of mailing of notice of the balance due. If the Final Cost is less than the Construction Costs then collected by IID hereunder, including any accrued interest, then IID shall reimburse Participants for any balance within sixty (60) days of mailing of notice of the Final Cost, which amount shall be distributed to the Participants in accordance with their pro rata contribution toward the New Facility in the Planned Configuration. In addition to any other remedy available hereunder, including declaring any Participant hereunder in default pursuant to Section 10 hereof, should any Participant fail to reimburse IID for any exceedances hereunder this Section 7(c), IID may, without further notice therefor to such Participant, reduce, on a pro-rata basis, any reservation of capacity to such Participant (a “Capacity Reduction”) until such exceedances are 408

paid in full to IID. If such Participant fails to reimburse IID for any exceedances hereunder no later than one-hundred eighty (180) calendar days following the date of mailing of notice of the Final Cost, then IID may elect to allocate any electrical capacity realized from such Capacity Reduction as set forth in either Section 10 or Section 11, as IID may deem appropriate under the circumstances.

8. Term. The Parties agree that this Agreement and the Capacity Reservation Period (defined below) will remain in effect for a period of Twenty (20) calendar years from the date of completion (in-service) of the New Facility in the Planned Configuration unless (i) extended by mutual written agreement of the Parties or (ii) earlier terminated as set forth herein.

9. Reservation of Capacity. Participants have provided IID with each Participant’s respective development plan or schedule of electrical service needs that will use new electrical capacity from the New Facility in the Planned Configuration.

Participants’ plans involve a phased-in usage of the New Facility as further identified in Exhibit A attached hereto and incorporated herein. Participants acknowledge and agree that the capacity reservation is based upon the plan of service provided to IID by Participants. Subject to Section 9(a), below, for a period of twenty (20) years from the date of completion (in-service) of the New Facility in the Planned Configuration, and provided each Participants have paid their allocable share of the Construction Costs, including any Final Cost, IID shall reserve capacity in the New Facility in the Planned Configuration for Participants in the quantity outlined in Exhibit A (the “Capacity Reservation Period”). On an annual basis, beginning the first full year following completion (in-service) of the New Facility in the Planned Configuration, IID and Participants will review Participants’ respective usage of their reserved capacity. Any deviation in use outside of that identified in Exhibit A will result in a change in available capacity available, if any. For example, if a Participant’s total capacity reservation is 1000 kVA and is intended to be phased-in over four years at 250 kVA per year, and in the first year the total capacity used is 500 kVA, then such Participant would only have 500 kVA of reserved capacity remaining for such Participant for the remainder of the capacity reservation period. Such annual review of remaining capacity shall not operate to reduce the overall capacity reserved to any Participant hereunder as set forth on Exhibit “A”, only that such review shall determine the balance of such reserved capacity remaining for such Participant when accounting for all prior usage or transfer or assignment of such capacity by or from such Participant. Notwithstanding the foregoing, the Capacity Reservation Period shall not be applicable to the Reliability Band, which is to be allocated permanently to IID for purposes of maintaining electrical system reliability and native-load resiliency.
a. Capacity Maintenance Fee. If upon the tenth (10th) anniversary of the date of completion (in-service) of the New Facility in the Planned Configuration any Participant has not then used or caused to be used at least fifty percent (50%) of the capacity reserved for said Participant, then, to extend such Participant’s 409

reservation of the balance of the capacity then un-used for an additional ten (10) years, Participant shall pay to IID a one-time capacity reservation fee in an amount equal to one-hundred dollars ($100.00) multiplied by the total capacity (measured in kVA) then remaining on reserve for such Participant (the “Capacity Maintenance Fee”). Participant shall pay such Capacity Maintenance Fee to IID no later than sixty (60) days of mailing of notice thereof to each Participant which may then be subject to the Capacity Maintenance Fee. If Participant fails to pay any portion of the Capacity Maintenance Fee as and when due, IID may terminate the remaining reserved capacity held by IID from the New Facility for the benefit of such Participant hereunder and may elect to allocate any electrical capacity realized from such termination as set forth in either Section 10 or Section 11, as IID deems appropriate under the circumstances in IID’s sole and absolute discretion.

Participants acknowledge and agree the Capacity Maintenance Fee is intended to address and compensate for IID’s on-going operational costs associated with operation of the New Facility in the Planned Configuration prior to becoming fully subscribed with new electrical service customers.
b. Transfer or Assignment of Capacity Reservation by Berger Foundation and Developer. Berger Foundation and Developers may transfer or assign all or a portion of its capacity reservation only in connection with (i) a transfer of all or any pro rata portion of the specific development site or project for which Berger Foundation or Developer’s development plan was prepared and submitted to IID as identified herein, or (ii) in connection with Berger Foundation or Developer’s pledge of its capacity reservation hereunder in connection with the pledge of Berger Foundation or Developer’s specific development site or project identified herein for purposes of obtaining financing therefor; provided, however, Berger Foundation and Developer shall first obtain the written concurrence of IID for such transfer or assignment, and which transfer or assignment, if so approved by IID, is to be evidenced using the form of Consent to Assignment attached hereto as Exhibit “G” and incorporated herein by this reference (the “Form of Assignment”), as the same may be amended by IID from time to time. In no event may any capacity reserved hereunder to Berger Foundation or any Developer be assigned if the assignee receiving such capacity reservation intends or seeks to make use of such reserved capacity in a location remote from or otherwise not electrically integrated to the New Facility in the Planned Configuration as determined in IID’s sole and absolute discretion.
c. Transfer or Assignment of Capacity Reservation by Agency. Each Agency may transfer or assign all or a portion of any capacity reserved to it hereunder provided (i) such capacity is not already allocated to or otherwise assigned to a particular development site or project or proposed use and (ii) each of the foregoing intending to transfer or assign shall first consult with IID and obtain IID’s advance concurrence therefor as evidenced by IID’s delivery thereto such agency of a duly executed Form of Assignment (as defined above) therefor such transfer or assignment.
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d. Prohibition on Transfer or Assignment. In no event may any capacity reserved hereunder to any Participant, be transferred or assigned pursuant to either Section 9(a) or Section 9(b) if the assignee receiving such capacity reservation intends or seeks to make use of such reserved capacity in a location remote from or otherwise not electrically integrated to the New Facility in the Planned Configuration as determined in IID’s sole and absolute discretion.

10.Complete Participation. Participants acknowledge and agree that collective participation by all Participants as outlined herein this Agreement is absolutely necessary for the complete funding and construction of the New Facility in the Planned Configuration to meet the electrical requirements of the Participants.

Unless otherwise set forth in this Agreement, each and every payment made hereunder by any Participant, including any paid pursuant to the Milestone Payment and Reimbursement Schedule shown on Exhibit “E”, attached hereto and incorporated herein by reference, or otherwise, is paid unconditionally and is nonrefundable. In the event one or more Participants fails to pay any monetary sum or otherwise perform any obligation as and when due under this Agreement, IID may declare such Participants in default of this Agreement by sending notice thereof to such Participant(s) and providing said Participant(s) thirty (30) days to cure such breach. If any Participant shall fail to cure such breach following notice and the passage of such thirty-day cure period, IID shall be entitled to immediately terminate this Agreement as to such Participant and retain any and all sums then paid by such Participant and which such sums IID shall be entitled to apply as follows: first: (1) toward any amount to be credited to Berger Foundation pursuant to Section 7(a) of this Agreement, (2) toward any outstanding financial sums, including, without limitation, any Construction Costs, owing under any contract to which IID has entered into pursuant to this Agreement to facilitate the development and construction of the New Facility in the Planned Configuration; then, (3) toward any financial sums outstanding hereunder this Agreement owed to IID for any portion of the Work completed, including, for example, any engineering work or study, prior to such termination; and then, (4) to any other Construction Costs as and when the same may become due in the ordinary course pursuant to this Agreement. In the event of such termination, IID will allocate to such terminated Participant only a pro rata share of the electrical capacity to be realized from the New Facility in the Planned Configuration on the basis of such amounts actually paid by such terminated Participant as the same bears against the Final Cost of the New Facility in the Planned Configuration. The obligation of each Participant, including any Participant to which this Agreement is terminated pursuant to this Section 10, to pay any monetary sum incurred or committed to be incurred or to otherwise be paid pursuant to this Agreement, will survive termination of this Agreement.
a. Substitute Participant. In the event IID terminates this Agreement as to one or more Participants prior to the Construction Costs being funded in full pursuant to this Agreement, IID may, in is sole and absolute discretion, accept one or more substitute participant(s) to participate in this Agreement, on a pro rata basis, in 411

place of those Participant(s) to which this Agreement has been terminated as to the balance of any electrical capacity that was to be allocated to such terminated Participant hereunder. In the event of any such substitution, IID shall notify such substitute participants(s) of the balance of the pro rata cost such substitute participants(s) shall be obligated to pay hereunder as a substitute participant together with the total amount of electrical capacity to be allocated to such substituted participant hereunder this Section 10. Such substitute participant(s) shall have forty-five (45) calendar days in which to agree to accept such financial obligation and execute and deliver a counterpart of this Agreement to the Parties.

Nothing herein shall preclude any of the Participants further participation as a substitute participant pursuant to this Section 10(a).
i. Reallocation of Construction Costs. In the event IID does not accept one or more substitute participants to replace any Participants to which this Agreement has been terminated as set forth in Section 10(a), IID may reallocate the balance of any Construction Costs then remaining to be paid hereunder by and amongst all remaining Participants on a pro rata basis; provided, however, the IID Contribution shall not be adjusted pursuant to any reallocation and shall instead continue to remain eighteen percent (18%) of the Construction Costs. In such event, IID will prepare an Updated Milestone Payment and Reimbursement Schedule and deliver the same to Participants. IID will reallocate to the Participants the excess capacity realized from such termination on the same pro rata basis and which excess capacity the Participants may then use or otherwise assign or transfer pursuant to the terms and conditions of this Agreement.

11.Future Use by Third Parties. In the event (i) the Participants’ respective use of the New Facility in the Planned Configuration, in aggregate, is less than the full added capacity of the New Facility in the Planned Configuration, or (ii) upon termination of this Agreement as to any Participant as permitted hereunder and any resulting reduction in any allocated capacity, or (iii) a termination of any reserved capacity for failure to pay any amount due and payable hereunder, including, without limitation, the Capacity Maintenance Fee, then IID may make such remaining capacity available to prospective third-party customers of IID for their respective electrical service needs. In such event, Participants may be eligible for reimbursement for a portion of the cost of the New Facility in the Planned Configuration from such third-party customer(s) in accordance with their pro rata share of the Construction Costs of the New Facility in the Planned Configuration.

Reimbursement would be available only from third-party customers paid to and through IID as set forth in Section 11(a). For purposes of this Agreement, “thirdparty customer(s)” shall mean customers other than the Participants set forth on Exhibit “A” that connect to and/or otherwise make use of the New Facility in the Planned Configuration. Notwithstanding the foregoing, the Parties anticipate that substantively all of the new electrical capacity to be realized from the New Facility in the Planned Configuration is or will be fully subscribed and allocated for use by Participants and IID hereunder such that no excess or unreserved capacity is anticipated from the New Facility. No reimbursement shall be due and owing to 412

any Participant hereunder if such fees are collected from such third-party customer(s) following expiration of the term of this Agreement. a. Collection of Reimbursement from Third-party Customer(s). For the term of this Agreement, IID shall impose a charge upon all third-party customer(s), if any, which making use of the New Facility in the Planned Configuration based on such customers pro rata share of the Construction Costs. Funds shall be collected from any and all third-party customer(s) at the time a third-party customer applies to IID for electrical service. In no event shall IID be obligated to reimburse Participants for the New Facility in the Planned Configuration, unless and until any third-party customer(s) uses the New Facility in the Planned Configuration and provides compensation to IID therefor pursuant to this Section 11(a). Notwithstanding the foregoing, the Parties anticipate that substantively all of the new electrical capacity to be realized from the New Facility in the Planned Configuration is or will be fully subscribed and allocated for use by the Participants and IID hereunder such that no excess or unreserved capacity is anticipated from the New Facility. b. Methodology for Reimbursement. Reimbursement, if any is to occur hereunder, will be based upon the pro rata use of the New Facility in the Planned Configuration by Participants and third-party customer(s), if any, all on the basis of the Final Cost and without adjustment therefor for inflation, or interest thereon. A determination of use shall be based upon a pro rata charge on the third-party customer(s)’ load requirements based on a kVA usage or such other methodology as determined by IID, in its reasonable discretion, that will provide Participants with similar reimbursement from said third-party customer(s). c. IID Not Liable for Reimbursement. With exception for the IID Contribution and any obligation to remit to the Participants any reimbursement for any fees paid by any third-party customer of IID hereunder this Section 11 for use of any excess capacity from the New Facility in the Planned Configuration, in no event shall IID be liable to the Participants, or any of them, for reimbursement for any portion of the cost of the New Facility in the Planned Configuration, including, without limitation, the Final Cost.
d. This Section 11 and its provisions are intended only to address use and reimbursement of excess capacity realized from the New Facility in excess of the amounts otherwise allocated pursuant to this Agreement. Notwithstanding the foregoing, the Parties anticipate that substantively all of the new electrical capacity to be realized from the New Facility in the Planned Configuration is or will be fully subscribed and allocated for use by the Participants and IID hereunder such that no excess or unreserved capacity is anticipated from the New Facility. Further, no provision of this Section 11 concerning reimbursement from third-party customer(s) for use of the New Facility shall be applicable to any transfer or assignment by any Participant pursuant to Section 9(b) or 9(c), as applicable, including as to any value given or exchanged by and between such Participant and any transferee or assignee thereof as may be permitted under this Agreement. 413

12. Payment and Accounting. IID shall create a segregated account designated for sums it collects from third-party customer(s) which use the New Facility in the Planned Configuration and shall, not more than twice annually, disburse reimbursement to Participants together with an accounting of collections and disbursements of such funds, including any to cover administrative costs associated with this Agreement. Such reimbursement shall also include any interest accrued from the segregated account utilized by IID hereunder.

13.Termination of Obligation for Capacity Reservation. IID’s obligation to reserve capacity for each Participant shall terminate on the first of the following to occur:
(i) the capacity reserved has been used by Participant, or their transferee or assignee; or (ii) upon termination of such reserve capacity, or portion thereof, by IID for failure of Participant to pay any amounts required hereunder, including, without limitation, the Capacity Maintenance Fee; or, (iii) 20 years from date of completion (in-service) of the New Facility.

14.Ownership of the New Facility. The Parties acknowledge and agree that IID solely shall own the New Facility, in any configuration, including all appurtenant equipment, rights, and associated interests made, given, granted or arising in connection therewith, including any manufacturer’s warranties upon any of the foregoing, including any which may be acquired pursuant to this Agreement. Upon completion of the New Facility, in any configuration, IID shall operate and maintain the New Facility as part of its electric system in accordance with good utility practice. The Parties (and their successors and assignees) agree and acknowledge that the payments made pursuant to this Agreement by Participants shall be the only payments required of Participants for the development and construction of the New Facility in the Planned Configuration, and that any successors or assigns of IID shall be bound by the terms of this Agreement with respect to the New Facility.

15.Expanded Configuration Not Assured. The Parties acknowledge that the New Facility is intended to be constructed to the Planned Configuration and that further expansion of the New Facility to the Expanded Configuration is not the subject of nor provided for in this Agreement. Any expansion of the New Facility to the Expanded Configuration will be subject to the making or one or more new agreements providing for participation therein such expansion and/or such other suitable arrangements therefor, as IID may deem necessary or appropriate.

16.Delays.
a. IID Not Liable for Delays. In no event shall IID be responsible under the terms of this Agreement for any delay in completion (in-service) of the New Facility in the Planned Configuration, provided, however, IID will make all commercially reasonable efforts to avoid delay in completion (in-service) of the New Facility in the Planned Configuration.
414

b. Berger Foundation Not Liable for Delays. In no event shall Berger Foundation be responsible under the terms of this Agreement for any delay in completion of the Site Improvements or the Site Dedication which are beyond the reasonable control of Berger Foundation, provided, however, Berger Foundation will make all commercially reasonable efforts to avoid delay in completion of the Site Improvements and Site Dedication.

17.Indemnification and Hold Harmless Agreement.
a. As between IID and Berger Foundation/Developers. Berger Foundation and Developers, separately and severally, shall at all times indemnify, defend, protect and hold harmless IID and each Agency, and their respective Boards, Councils, officers, executives, officials, employees, contractors, agents and representatives from and against any and all suits, causes of action, claims, charges, damages, demands, judgments, civil fines, penalties, costs and expenses (including without limitation, attorneys’ fees, and costs of experts and consultants), or losses of any kind or nature whatsoever including, without limitation, business interruption, impairment of contract, death, bodily injury or personal injury to any person, and damage, destruction or loss of use of any property (financial, physical, or intellectual); or, without limitation, any claims or suits made or brought in connection with any administrative or legal proceeding challenging any aspect of the CEQA compliance undertaken by IID pursuant to Section 2 of this Agreement (collectively, “Claims”), arising out of, incident to or directly or indirectly related to: (i) the acts, errors or omissions, performance or nonperformance of Berger Foundation or any of the Developers their employees, agents, contractors, or representatives, under or in connection with this Agreement; and (ii) the acts, errors, or omissions, or performance of IID, or any Agency, or any of their respective officers, executives, directors, employees, contractors agents or representatives, when such acts or omissions are in combination with the acts, errors, or omissions of any Developer or Foundation. This duty to defend, indemnify, protect and hold harmless shall not extend to any Claims arising from the gross negligence or willful misconduct of IID or any Agency, or their respective officers, directors, employees, contractors or agents.
b. As between IID and Agencies. No Agency nor any of their Board, Council, officers, executives, directors, employees, contractors, agents or representatives thereof shall be responsible for any damage or liability occurring by reason of any act or omission of IID under or in connection with the Work performed by IID under this Agreement. Pursuant to Government Code Section 895.4, IID shall fully indemnify and hold each Agency harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any act or omission of IID under 415

or in connection with the Work performed by IID pursuant to this Agreement.

Likewise, neither IID nor its Board, or any officer, executive, director, executive, employee, contractor, agent or representatives thereof shall be responsible for any damage or liability occurring by reason of any act or omission of any Agency under or in connection with this Agreement, and pursuant to Government Code Section 895.4, each Agency, individually, shall fully indemnify and hold IID harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any act or omission of each such Agency under or in connection with this Agreement.

18.Authority. Each signatory of this Agreement represents that s/he is authorized to execute this Agreement on behalf of the Party for which s/he signs. Each Party represents that it has legal authority to enter into this Agreement and to perform all obligations under this Agreement. If Participants are a business entity, each represents that it is duly organized and authorized to do business in the State of California and if a foreign-organized entity, authorized or otherwise qualified to do business in the State of California.

19.Waiver. The failure of a Party to this Agreement, on any occasion, to insist upon strict performance of any provision of this Agreement will not be considered a waiver of any obligation, right, or duty of, or imposed upon, such Party. Any waiver at any time by either Party of its rights with respect to this Agreement shall not be deemed a continuing waiver or a waiver with respect to any other failure to comply with any other obligation, right, duty of this Agreement. Any waiver of this Agreement shall, if requested, be provided in writing.

20.Amendment. This Agreement may be amended or modified only by a written instrument executed by each Party to this Agreement.

21.Headings. The paragraph headings used in this Agreement are intended for convenience only and shall not be used in interpreting this Agreement or in determining any of the rights or obligations of the Parties to this Agreement.

22.Integration; Incorporation of Recitals and Exhibits. This Agreement is intended by the Parties to be the final expression of their agreement with respect to the subject matter of this Agreement and the complete and exclusive statement of the terms of this Agreement between the Parties, and supersedes any prior understandings between the Parties, whether oral or written. Each and every of the recitals set forth hereinabove and exhibits referenced hereinabove are hereby incorporated herein this Agreement as is though set forth herein and contain integral terms and conditions of this Agreement.
a. Administrative Updating of Exhibits. The Parties hereto acknowledge that the exhibits referenced hereinabove and incorporated herein by the above 416

reference may be updated or adjusted over time to reflect changes in names, addresses, and other matters addressed in this Agreement or its incorporated exhibits and agree that the Parties shall have the right to make such administrative updates notwithstanding that such update shall not be interpreted by the Parties to be an amendment of this Agreement unless such update is expressly intended to constitute an amendment or modification of this Agreement in compliance with Section 20 hereof.

23.Partial Invalidity. If, after the date of execution of this Agreement, any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws effective during the Term of this Agreement, such provision shall be fully severable and the remaining portions of this Agreement shall not be affected thereby and shall remain in force and effect to the fullest extent permissible by law.

However, in lieu thereof, there shall be added a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.

24.Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the successors of the respective Parties to this Agreement. This Agreement and obligations hereunder may not be assigned without the prior written consent of the other Party.

25.Compliance with Law. In performing their respective obligations under this Agreement, the Parties shall comply with and conform to all applicable laws, rules, regulations and ordinances.

26.Third-party Beneficiaries. This Agreement shall not create any right or interest in any non-Party or in any member of the public as a third-party beneficiary.

27.Notices. All notices, requests, demands or other communications required or permitted under this Agreement shall be in writing unless provided otherwise in this Agreement and shall be deemed to have been duly given and received on: (i) the date of service if served personally or served by electronic mail on the Party to whom notice is to be given at the address(es) provided below, (ii) on the first day after mailing, if mailed by Federal Express, U.S. Express Mail, or other similar overnight courier service, postage prepaid, and addressed as provided below, or (iii) on the third day after mailing if mailed to the Party to whom notice is to be given by first class mail, registered or certified, postage prepaid, addressed as follows:

To IID: Imperial Irrigation District
Attn: General Manager
P.O. Box 937
333 E. Barioni Blvd.

Imperial, CA 92251
417

To Palm Desert: City of Palm Desert
Attention: City Manager
73510 Fred Waring Drive
Palm Desert, CA 92260
(760) 346-0611
To Rancho Mirage: City of Rancho Mirage
Attention: City Manager
69825 Highway 111
Rancho Mirage, CA 92270
(760) 346-0611
To County: County of Riverside
Attention: Chief Operating Officer
4080 Lemon Street
Riverside, CA 92501
(951) 955-1000
To Berger Foundation and Developers: See Exhibit “A”

28.Default. Unless otherwise provided for in this Agreement, prior to the initiation of any legal action for a default of this Agreement, the Parties shall meet to discuss resolution of the alleged default. Each Party shall bear its own attorneys’ fees and costs incurred in connection with meeting to resolve the alleged default, unless the Parties agree in writing otherwise.

29.Governing Law; Venue. This Agreement shall be governed by, interpreted and enforced in accordance with the laws of the State of California, as if executed and to be performed wholly within the State of California, and without regard to principles of conflicts of law. Any action or proceeding arising out of or relating to this Agreement shall be brought in State court located in the County of San Diego, California or Federal court located in the County of San Diego California. Each Party irrevocably agree to submit to the exclusive jurisdiction of such courts in the State of California for the purpose of litigating any dispute arising out of or relating to this Agreement, and waive any defense of forum non conveniens (or a similar doctrine pertaining to venue).

30.Multiple Counterparts; Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. The words “execution,” “execute,” “signed,” “signature,” and words of like import in or related to any document to be signed in connection with this Agreement shall be deemed to include electronic signatures or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually 418

executed signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law.

31.No Partnership. This Agreement shall not be interpreted or construed to create an association, joint venture, agency relationship, or partnership between the Parties or to impose any partnership obligation or partnership liability upon either Party.

No Party shall have any right, power or authority to enter into any agreement or undertaking for, or act on behalf of, or to act as or be an agent or representative of, or to otherwise bind another Party.

32.Satisfaction of Capacity Condition in Will Serve Letter. To the extent any Developer’s Development is conditioned by IID to establish new electric system capacity to facilitate retail electric service to all or any part of Developer’s identified Development, Developer’s execution and performance of its obligations hereunder this Agreement, including, without limitation, payment of Developer’s pro rata share of the Construction Costs hereunder, then IID will, where requested by such Developer, issue a Will Serve Letter or any amendment, addendum or extension of any prior-issued Will Serve Letter (each a “WSL”) indicating that such Developers obligation to establish new system capacity for its identified Development is or will be satisfied pursuant to the construction and commissioning of the New Facility pursuant to this Agreement. Such WSL, is and will be expressly conditioned upon all of the following: (i) such Developer remaining a Party to this Agreement and otherwise performing all obligations arising hereunder, including, without limitation, payment of the Milestone Payments, (ii) Developer’s compliance with IID’s Regulations and DEPG, and (iii) Developer’s establishment of any Customer Distribution Facilities or such other service requirements, including, without limitation, such distribution service line extensions or modifications as may be required to transmit any reserved capacity hereunder this Agreement to such Developer’s identified Development and as provided for in said WSL.

Notwithstanding the foregoing, to the extent any of Developer’s identified Development requires electrical service capacity in excess of the capacity to be reserved to such Developer for its Development pursuant to this Agreement, then IID may include within such requested WSL additional conditions for the establishment of new system capacity to serve the balance of any Developer’s identified Development which cannot be served by the capacity reserved to such Developer hereunder. IID reserves the right to modify or otherwise supersede such WSL, including for example, in the event this Agreement is terminated as to such Developer in accordance with the terms and conditions of this Agreement.

33.IID’s Regulations, Developer Energy Planning Guide and Substation Guideline.

This Agreement is subject to IID’s Regulations (“Regulations”), Developer Energy Planning Guide (“DEPG”) and Substation Site Guidelines (“Substation Guidelines”), all as may be amended from time-to-time. In the event of any conflict between the provisions of this Agreement and any of the foregoing documents, the 419

foregoing documents shall govern and control.

Regulations: https://www.iid.com/power/rates-regulations/regulations DEPG: https://www.iid.com/home/showpublisheddocument/14229/638808431962130000 [Signature page follows.]
420

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

IID:

IMPERIAL IRRIGATION DISTRICT
By:___________________________________
Name and Title:

PARTICIPANTS:

CITY OF PALM DESERT
By:___________________________________
Name and Title:

CITY OF RANCHO MIRAGE
By:___________________________________
Name and Title:

COUNTY OF RIVERSIDE
By:___________________________________
Name and Title:

THE H.N. AND FRANCES C. BERGER FOUNDATION
By:___________________________________
Name and Title:

DEVELOPERS:
[See Developer signature page attached.]
421

DEVELOPER SIGNATURE PAGE:

DEVELOPER #1
By:___________________________________
Its: ___________________________________
DEVELOPER #2
By:___________________________________
Its: ___________________________________
DEVELOPER #3
By:___________________________________
Its: ___________________________________
422

EXHIBIT A

SCHEDULE OF PARTICIPANTS, ELECRICAL DEMAND AND

DEVELOPMENT/PROJECT SITE SPECIFICS
Developer: [Entity]
Project: [Name]
Description: ___unit SFR development
Location: ___
Estimated kVA: ___
Phase 1 kVA: ___
Developer: [Entity]
Project: [Name]
Description: ___unit SFR development
Location: ___
Estimated kVA: ___
Phase 1 kVA: ___
Developer: [Entity]
Project: [Name]
Description: ___unit SFR development
Location: ___
Estimated kVA: ___
Phase 1 kVA: ___
423

EXHIBIT B

SCHEMATIC REPRESENTATION OF NEW FACILITY
[Attached.]
424

NORTH COOK SUBSTATION
425

EXHIBIT C

ESTIMATE OF CONSTRUCTION COSTS
[Attached.]
426
Cook Street Substation (Planned Configuration) 2025
Description Costs Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
Material $16,595,642.00
50MVA 92KV-13.2KV WO LTC Power Transformer $2,950,000.00 1,475,000 $ 1,475,000 $ 28MVA 92KV-13.2KV WO LTC Power Transformer $1,800,000.00 540,000 $ 540,000 $ 720,000 $ Breaker 145KV 2000A 40KA CT 650 BIL 3 Cycles Vacuum $1,433,100.00 716,550 $ 716,550 $ SUB-SWITCH 123KV, 2000A, HORIZ 550KV BIL_8130 $200,000.00 200,000 $ SUB-Switch W/Gnd 123KV 2000A Horiz 550KV_8132 $80,000.00 80,000 $ Capacitor Switcher 15KV, 30OMH CR With Structure $120,000.00 120,000 $ Control Enclosure with relays and battery room $1,900,000.00 950,000 $ 950,000 $ 833KVA Regulators $390,000.00 195,000 $ 195,000 $

1.6MVA Regulators $534,000.00 267,000 $ 267,000 $
15KV Main Breaker/Tie $525,000.00 262,500 $ 262,500 $
15kV Feeder Breaker $1,904,000.00 952,000 $ 952,000 $
Additional Material $4,759,542.00 1,000,000 $ 2,000,000 $ 1,500,000 $ 259,542 $ Outside Services $17,290,570
EPC Contractor $15,000,000.00 2,000,000 $ 4,000,000 $ 2,000,000 $ 2,000,000 $ 2,000,000 $ 3,000,000 $ Transm In/Out Construction $1,500,000.00 500,000 $ 500,000 $ 500,000 $ Service Rep $250,000.00 250,000 $
Various Services $540,570.00 540,570 $
IID Labor $5,783,788.00 750,000 $ 750,000 $ 850,000 $ 850,000 $ 850,000 $ 850,000 $ 883,788 $ Site Valuation* $450,500.00 450,500 $
Site Improvement Costs* $2,500,000.00 2,500,000 $
Total $42,620,500.00 - $ 6,508,050 $ 7,040,570 $ 11,942,000 $ 4,850,000 $ 4,326,092 $ 4,070,000 $ 3,883,788 $ Final Cost**** * Site Improvement Costs - this value ($2,500,000.00) represents a *Site Valuation - this value ($450,500) represents a proxy figure calculated as follows: 5.74 acres x $75,000/acre = $430,500***, plus, $10,000 for cost of Appraisal (Section 5(b)); and $10,000 for escrow and title fees and costs associated with Site Dedication (Section 5(a)). proxy figure only and remains subject to cost determined pursuant to Section 5(c). ****Final Cost determined pursuant to Section 7(c) and which may or may not occur on or before Q4, 2027, but thereafter. *** $75.000/acre is value provided on informal basis and remains subject to Appraisal (Section 5(b)). 2026 2027
427

EXHIBIT D
CONSTRUCTION MILESTONE SCHEDULE1
Q1, 2026 – IID initiates engineering and long lead-time equipment procurement activities.

Includes initial engineering of long lead-time equipment specification and New Facility designs and schematics.

Q2, 2026 – IID engineering, real estate section and legal department coordination with Berger Foundation regarding Site Improvements and Site Dedication. IID completes balance of preliminary engineering for Engineering Procurement and Construction agreement(s).

Q3, 2026 – IID solicits, evaluates and awards Engineering Procurement and Construction agreement(s). Includes balance of engineering of equipment specification and New Facility designs and schematics and coordination with EPC contractor for EPC design and construction.

Q2, 2027 – Initial construction commences and balance of equipment ordered.

Q4, 2027 – IID completes construction, testing and commissioning of the New Facility.

Q2, 2028 – Commence service connections from the New Facility. 1 Construction Milestone dates subject to change based upon availability of materials and labor and other supply chain-related impacts or delays to performance and completion of construction activities. 428

EXHIBIT E
MILESTONE PAYMENT AND REIMBURSEMENT SCHEDULE2
Total good faith, high level cost estimate: $42,620,500.00*

1. Amount Due 30 days after Execution: $6,508,050.00

2. Amount Due April 30, 2026: $7,040,570.00

3. Amount Due July 30, 2026: $11,942,000.00

4. Amount Due November 30, 2026: $4,850,000.00

5. Amount Due January 30, 2027: $4,326,092.00

6. Amount Due April 30, 2027: $4,070,000.00

7. Amount Due July 30, 2027: $3,883,788.00
*Each Party’s pro-rata share of each of the above Milestone Payments is shown on Exhibit E-1, attached hereto and incorporated hereby this reference. 2 IID shall be under no obligation to perform any activity under this Agreement unless Participants shall have deposited adequate funds to pay for such work. Further, since IID has no control over the cost of labor or material, the estimated costs set forth in this Milestone Payment and Reimbursement Schedule above are furnished only for the convenience of the Participants. They are intended to reflect the costs of similar materials and similar work performed under favorable conditions as well as other assumed and/or proxy figures which may not represent actual costs. Because of the unforeseen contingencies and other factors, the actual costs may be considerably higher or lower. Therefore, the estimate costs are not a warranty by IID of the actual costs to complete all of the milestone activities listed above for the estimated cost also shown above. The estimated deposits above are not a warranty by IID of the actual cost to complete the work required by IID; Participants will be required to pay the actual cost on the terms set forth in this Agreement.
429

EXHIBIT E-1
MILESTONE PAYMENT ALLOCATION BY PARTY3
Milestone Payment #1: $ 6,508,050.00
County $ 855,224.52
Rancho Mirage $ 855,224.52
Palm Desert $ 855,224.52
Berger Foundation $ 1,539,404.13
Palm Creek Ranch $ 500,306.34
Majestic Realty $ 731,216.96
IID $ 1,171,449.00
Milestone Payment #2: $ 7,040,570.00
County $ 925,203.11
Rancho Mirage $ 925,203.11
Palm Desert $ 925,203.11
Berger Foundation $ 1,665,365.60
Palm Creek Ranch $ 541,243.82
Majestic Realty $ 791,048.66
IID $ 1,267,302.60
Milestone Payment #3: $11,942,000.00
County $1,582,296.47
Rancho Mirage $1,582,296.47
Palm Desert $1,582,296.47
Berger Foundation $2,848,133.65
Palm Creek Ranch $ 925,643.44
Majestic Realty $1,352,863.49
IID $2,068,470.00
[Continued on next page.]
3 IID shall be under no obligation to perform any activity under this Agreement unless Participants shall have deposited adequate funds to pay for such work. Further, since IID has no control over the cost of labor or material, the estimated costs set forth in this Milestone Payment and Reimbursement Schedule above are furnished only for the convenience of the Participants. They are intended to reflect the costs of similar materials and similar work performed under favorable conditions as well as other assumed and/or proxy figures which may not represent actual costs. Because of the unforeseen contingencies and other factors, the actual costs may be considerably higher or lower. Therefore, the estimate costs are not a warranty by IID of the actual costs to complete all of the milestone activities listed above for the estimated cost also shown above. The estimated deposits above are not a warranty by IID of the actual cost to complete the work required by IID; Participants will be required to pay the actual cost on the terms set forth in this Agreement.
430

MILESTONE PAYMENT ALLOCATION BY PARTY (Cont.)4
Milestone Payment #4: $ 4,850,000.00
County $ 637,339.74
Rancho Mirage $ 637,339.74
Palm Desert $ 637,339.74
Berger Foundation $ 1,147,211.54*
Palm Creek Ranch $ 372,843.75
Majestic Realty $ 544,925.48
IID $ 873,000.00
Milestone Payment #5: $ 4,326,092.00
County $ 568,492.86
Rancho Mirage $ 568,492.86
Palm Desert $ 568,492.86
Berger Foundation $ 1,023,287.15*
Palm Creek Ranch $ 332,568.32
Majestic Realty $ 486,061.39
IID $ 778,696.56
Milestone Payment #6: $ 4,070,000.00
County $ 534,839.74
Rancho Mirage $ 534,839.74
Palm Desert $ 534,839.74
Berger Foundation $ 962,711.54*
Palm Creek Ranch $ 312,881.25
Majestic Realty $ 457,287.98
IID $ 732,600.00
Milestone Payment #7: $ 3,883,788.00
County $ 510,369.58
Rancho Mirage $ 510,369.58
Palm Desert $ 510,369.58
Berger Foundation $ 918,665.24*
Palm Creek Ranch $ 298,566.20
Majestic Realty $ 436,365.99
IID $ 699,081.84
*Each of Berger Foundation’s Milestone Payments 4, 5, 6 & 7 shall be reduced by twenty-five percent (25%) of the Berger Foundation Credit as determined pursuant to Section 7(a). 4 IID shall be under no obligation to perform any activity under this Agreement unless Participants shall have deposited adequate funds to pay for such work. Further, since IID has no control over the cost of labor or material, the estimated costs set forth in this Milestone Payment and Reimbursement Schedule above are furnished only for the convenience of the Participants. They are intended to reflect the costs of similar materials and similar work performed under favorable conditions as well as other assumed and/or proxy figures which may not represent actual costs. Because of the unforeseen contingencies and other factors, the actual costs may be considerably higher or lower. Therefore, the estimate costs are not a warranty by IID of the actual costs to complete all of the milestone activities listed above for the estimated cost also shown above. The estimated deposits above are not a warranty by IID of the actual cost to complete the work required by IID; Participants will be required to pay the actual cost on the terms set forth in this Agreement.
431

EXHIBIT F

MAP OF CUSTOMER DISTRIBUTION FACILITIES
[Attached.]
432
?@
?@ ?@
@?
?@ ?@
?@
?@
@?
?@
?@
?@
S"
S"
Coachella Valley Arena
North Sphere Project
City of Palm Desert Projects
S
a
n
Mig
u
elito
Driv
e
El Centro Way
Majestic Thousand Palms

8.55 MVA
Berger Foundation Development
18 MVA
Palm Creek

5.85 MVA
Cook Substation
F6 New underbuit on
the Existing OH Line
7,512'
F3 (Existing)
To Pickup V126 OH
Backbone
F13
Palm Creek
11,915'
F2 (Existing)
To use existing V913
Underbuilt Circuit to Magestic 1
F9, F10 & F11
Berger Foundation
5,000'
F12
(Partial V123)
Backup PD
7,500'
F4 (Existing)
Berger Foundation 3 MVA
Hockey Arena 3 MVA
Rancho
Mirage
10 MVA
Majestic
Circuits
F4 & F5
(Existing)
F12
F11
F3

CALLE TOSCA

CALLE FRANCISCO

VISTA DEL PAJARO

VISTA DEL ESTE

VISTA DEL MESTO

VISTA DEL NORTE

CALLE SERRA

CALLE DESIERTO

VISTA DEL FONDA

VISTA DEL JARDIN
F6
F1
(Existing V123)
F7 & F8
F13
Palm Desert
Zone 2
5 MVA
C2M
V126
9,180'
F1
(RM1)
13,983'
F14
Riverside County
7,760'
F15
Riv. County
7,760'
Palm Desert
Zone 1
5 MVA
C1M
F2
9,180'
C2M
V126
F2
F7 (RM2)
F8 (PD1)
16,505'
2 Existing
Underbuilt Circuits
Majestic
Circuits
F5, (Existing
B
)
erger Foundation
& Hockey Arena (F4)
Reconfigure Existing Line
¨¦§10
¨¦§10
I-10 E
I-10 W
VARN
RE
RD

RAMON RD
M
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N
TER
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R
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D
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N
L
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A
B
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B
H
O
P
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D
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VIA LA
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PALMA
S
R
I
O
D
EL S
OL R
D
30TH AVE
WES
TC
H
ES
TE
R
D
R
D
ES
E
R
T
PALM
D
R
AT
NU
O
M
W
O
D
AHS
N
L
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HASKELL RD
D
R
OY

A MI HC
D
ES
ER
T
PA
R
K
D
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WATT CT

CHUCKAWALLA RD
VIA
L
E
O
N
RAMP
FR
O
N
T
S
T
A
R
R
I
BA
R
D
HA
R
R
Y
O
L
I
VER
TR
L

PET LAND PL

BURR OAK RD
C
O
D
Y
A
VE

WOBURN CT

ADELAID ST
WIL
L
IS
PA
L
MS
L
N

TCHOUPITOULAS LN
DA
TE
GA
R
D
EN
D
R
SH
ELTE
R
D
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CANTEEN
R
ES
E
R
VE
D
R

CONCHITA RD

PARADISE RD
PL
A
N
TA
TI
O
N
D
R

METROPLEX DR

ARRIBA RD
RAMP
RAMP
V913
V126
V125
V116
V124
V116
V126
V126
V126
C o o k S u b s t a t i o n - C u s t o m e r D i s t r i b u t i o n F a c i l i t i e s C o o k S u b s t a t i o n - C u s t o m e r D i s t r i b u t i o n F a c i l i t i e s C U R R E N T C O O R D I N A T E S Y S T E M : N A D _ 1 9 8 3 _ S t a t e P l a n e _ C a l i f o r n i a _ V I _ F I P S _ 0 4 0 6 _ F e e t C U R R E N T C O O R D I N A T E S Y S T E M : N A D _ 1 9 8 3 _ S t a t e P l a n e _ C a l i f o r n i a _ V I _ F I P S _ 0 4 0 6 _ F e e t Iaaortiz
12/2/2025
Plotted by:

Date:

Project Feeders Footage
High-Level
CostEstimate
F2 9,180' $1.84M
F3 Existing
C2M(V126) 9,180' $0.92M
F4 Existing
F5 Existing
F9 5,000' $1.0M
F10 5,000' $1.0M
F11 5,000' $1.0M
Palm Creek (5.85 MVA) F13 11,915' $2.0M
F14 7,760' $1.16M
F15 7,760' $1.55M
City of Palm Desert (Zone 1 - 5 MVA) F8 16,505' $2.47M
City of Palm Desert (Zone 2 - 5 MVA) F12 7,500' $1.5M
F1 (RM1) 13,983' $2.8M
F7 (RM2) 16,505' $2.47M
Note:

Foru ndergrou ndfeeders,thecondu itandvau ltsystemsrequ iredaretheparticipant’sresponsibility andnotpartofthishighlevelfeedercosts.

Note:

F2 & C2M are shared cost.

F3 to pickup V126 load to utilize backbone N/O Ramon Rd.

F4 to serve the Hockey Arena and Berger Foundation.

F13 & F14 are shared cost.

F7 & F8 are shared cost.

Majestic Realty Warehouse (8.55 MVA)
Berger Foundation Development
(Hospitality, Restaurant, Retail, Receration) (18 MVA)
Riverside County (10 MVA)
City of Rancho Mirage (10MVA)
433

EXHIBIT G

FORM OF ASSIGNMENT
434

ASSIGNMENT AND TRANSFER OF ELECTRICAL CAPACITY
This Assignment and Transfer of Electrical Capacity ("Agreement") is made and entered into as of this ___ day of __________, 20__, by and between Assignor and Assignee, on the terms and conditions set forth herein below. Notwithstanding any provision herein, no assignment or transfer of electrical capacity as contemplated herein shall be effective until the consent of the Imperial Irrigation District (“IID”) therefor is obtained.

Assignor:

Name: ___________________________________________
Address: _________________________________________
City/State/Zip: ___________________________________
Contact Number: _________________________________
Project Name: ____________________________________
Location of Use: __________________________________
Assignee:

Name: ___________________________________________
Address: _________________________________________
City/State/Zip: ___________________________________
Contact Number: _________________________________
Re: Assignment and transfer of electrical capacity (___MVA) associated with:

Project Name: ____________________________
Account or Project ID: ___________________________
Location of Use: __________________________________
Assigned Capacity: ___________ MVA
Agreement

1. Assignment. The Assignor hereby assigns, transfers, and sets over to the Assignee all rights, title, and interest in and to the above-referenced electrical capacity, the same being ___ MVA, which capacity is made available to Assignee solely from the Imperial Irrigation District’s _________Substation, located __________, Thousand Palms, California, and which electrical capacity shall be available for use solely for the Project at the Location of Use identified above

2. Effective Date. This assignment shall take effect on the ___ day of __________, 20__, subject to written consent of IID, as provided below.

3. Representations and Warranties. The Assignor represents and warrants that it has full authority to assign the electrical capacity subject to the consent of IID, as provided below, that such capacity is free from liens, claims, or encumbrances, and that no prior conflicting assignments exist with respect to the electrical capacity assigned hereunder

4. Assumption by Assignee. The Assignee accepts the assignment subject to the limitations set forth herein and as may be imposed by IID in connection with the use of such reserved capacity, including pursuant to IID’s Regulations and Developer Energy Planning Guide, as each may be amended from time to time, and Assignee further agrees to assume all rights, duties, and 435

obligations associated with the assigned capacity as of the Effective Date subject to such limitations.

5. Bound by Terms and Use Limitation. The Assignee acknowledges and agrees to be bound by all applicable utility rules, agreements, and conditions relating to the electrical capacity. The assigned electrical capacity may only be used at the location specified above and only in the amount stated herein. Any unauthorized use or reassignment is strictly prohibited unless approved in writing by IID.

6. Governing Law; Venue. This Agreement shall be governed by, interpreted and enforced in accordance with the laws of the State of California, as if executed and to be performed wholly within the State of California, and without regard to principles of conflicts of law. Any action or proceeding arising out of or relating to this Agreement shall be brought in State court located in the County of San Diego, California and/or Federal court located in the County of San Diego California. Each Party irrevocably agree to submit to the exclusive jurisdiction of such courts in the State of California for the purpose of litigating any dispute arising out of or relating to this Agreement, and waive any defense of forum non conveniens (or a similar doctrine pertaining to venue).

7. Signatures. The undersigned have all requisite authority to execute this Agreement and undertake all obligations arising therefrom or in connection therewith.

Assignor:

Signature: ____________________________
Name: ________________________________
Title (if applicable): __________________
Date: ________________________________
Assignee:

Signature: ____________________________
Name: ________________________________
Title (if applicable): __________________
Date: ________________________________
Consent of Imperial Irrigation District
The undersigned, as an authorized representative of the Imperial Irrigation District, hereby [acknowledges] consents to the assignment and transfer of the electrical capacity described herein.

Signature: ____________________________
Name: ___________________________________________
Title: ____________________________________________
Date: ________________________________
436
City of
Palm
Desert
City of
Palm
Desert
437
438

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: January 8, 2026
PREPARED BY: Jason K. Finley, Chief Building Official
SUBJECT: PUBLIC HEARING REGARDING ADOPTION OF ORDINANCE 1439 OF

THE CITY COUNCIL OF THE CITY OF PALM DESERT AMENDING TITLE 15 OF THE PALM DESERT MUNICIPAL CODE TO ADOPT THE 2025

CALIFORNIA BUILDING STANDARDS CODE BY REFERENCE WITH

APPENDICES AND LOCAL AMENDMENTS
RECOMMENDATION:

1. Conduct a public hearing and consider public testimony.

2. Adopt Ordinance 1439 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 WITH APPENDICES AND LOCAL AMENDMENTS.

BACKGROUND/ANALYSIS:

On December 11, 2025, the City Council unanimously introduced Ordinance No. 1439 for first reading. This report provides for the City Council to conduct a public hearing and adopt the ordinance. The ordinance shall be effective 30 days from adoption.

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 2024 Uniform Plumbing Code (IAPMO) 2025 California Fire Code 2024 International Fire Code (ICC) 2025 California Wildland-Urban Interface Code 2024 Wildland-Urban Interface Code (ICC) 2025 California Existing Building Code 2024 International Existing Building Code (ICC) 2025 California Energy Code*
2025 California Green Building Standards*
2025 California Historical Building Code* *California Building and Standards Commission 439
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 FY 2025/2026: Account #1104420-431200 (Training) and Account #1104420-4632000 (Subscriptions and Publications). No other fiscal impact is anticipated for the City.

ATTACHMENTS:

1. Ordinance 1439
440
72500.00000\44311242.2
ORDINANCE NO. 1439

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 December 22, 2025, and December 29, 2025; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.
441
Ordinance No. 1439 Page 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. 442
Ordinance No. 1439 Page 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.

ADOPTED ON__________, 2026.
________________________________

EVAN TRUBEE
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. 1439 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___________ , 2026, 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
443
Ordinance No. 1439 Page 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 444
Ordinance No. 1439 Page 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. 445
Ordinance No. 1439 Page 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
446
Ordinance No. 1439 Page 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
447
Ordinance No. 1439 Page 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 448
Ordinance No. 1439 Page 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
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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. 450
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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.
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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. 452
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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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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. 454
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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 455
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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. 456
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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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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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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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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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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 461
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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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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 463
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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 464
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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 465
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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. 466
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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
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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. 468
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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 469
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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. 470
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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. 471
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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). 472
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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.
473
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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.
474
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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. 475
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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. 476
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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. 477
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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. 478
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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:
479
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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.
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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.
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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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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, project, premises or region to recommend necessary changes. 483
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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:
603.1 General. Planting of vegetation for new and replacement landscaping shall 484
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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.

2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, 485
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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 portions of the Building.
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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:
604.8.1 Requirements. Defensible Space shall be in accordance with the 487
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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. 488
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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.

A minimum 3-foot clearance of trees and vegetation shall be provided below 489
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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 be in accordance with Appendix A of this code, the Palm Desert Municipal Code, and 490
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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. 491
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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.
492
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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 remain.

Exception: The entire fencing not parallel and within 5 feet of the Building, including 493
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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 due to Federal or State listed endangered species. Protected habitat does not include sensitive habitat areas.
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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.

O. Appendix A.
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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. 496
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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, 497
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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 498
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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.
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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.
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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.
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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:
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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.
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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 504
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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 505
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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.
b. 503.2.1 of the California Fire Code is deleted in its entirety and replaced with 506
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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 (2 ½) inch outlet.
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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 minimum size of 96 square feet (9 m2) with a minimum dimension of 8 feet 508
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(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 telecommunications equipment, associated electrical power distribution 509
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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 fire-extinguishing system shall actuate the fire alarm signaling system in accordance with the 510
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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.
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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)
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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. 513
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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’
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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. 515
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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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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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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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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. 519
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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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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 521
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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, 522
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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 523
Ordinance No. 1439 Page 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. 524
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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. 525
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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.
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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. 527
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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 528
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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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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. 530
Ordinance No. 1439 Page 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. 531
Ordinance No. 1439 Page 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. 532

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: January 8, 2026
PREPARED BY: Ivan Tenorio, Homeless and Supportive Services Manager SUBJECT: PROPOSED PLAN FOR BOND ISSUANCE BY THE CALIFORNIA

MUNICIPAL FINANCE AUTHORITY FOR THE PALM DESERT FAMILY

HOUSING PROJECT LOCATED AT THE NORTHWEST CORNER OF
COOK STREET AND FRANK SINATRA DRIVE (APN 694-200-021)
RECOMMENDATION:

1. Conduct the public hearing under the requirements of the Tax Equity and Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended (the “Code”), in connection with the proposed issuance, in one or more series, of tax-exempt revenue bonds (the “Bonds”) by the California Municipal Finance Authority (“CMFA”), a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed Fifty Million Dollars ($50,000,000). The Bonds will finance the acquisition, construction, and development of the Palm Desert Family Housing Project, a 298-unit multifamily affordable rental housing development (295 income-restricted units and 3 manager units) located at the northwest corner of Cook Street and Frank Sinatra Drive (APN 694-200-021) in Palm Desert, California (the “Project”), and receive public comments thereon.

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

PALM DESERT, CALIFORNIA, APPROVING THE ISSUANCE BY THE CALIFORNIA

MUNICIPAL FINANCE AUTHORITY OF TAX-EXEMPT REVENUE BONDS FOR THE PALM DESERT FAMILY HOUSING PROJECT,” approving the issuance of the Bonds by CMFA for the benefit of Sinatra Family Housing, LP, a California limited partnership (the “Borrower”), a partnership of which Affirmed Housing (the “Developer”) or a related person to the Developer is the general partner, to provide for the financing of the Project. Such adoption is solely for the purpose of satisfying the requirements of TEFRA, the Code, and California Government Code Sections 6500 et seq.

3. Authorize the Mayor or the City Manager to enter into and execute the Indemnity Agreement with Sinatra Family Housing, LP, attached hereto in substantial form.

BACKGROUND/ANALYSIS:

The California Municipal Finance Authority (“CMFA”) is a joint powers authority established to assist local governments, nonprofit organizations, and private developers in accessing tax-exempt bond financing for projects that provide public benefit.

Affirmed Housing is a San Diego–based developer who specializes in the development and operation of affordable and supportive housing. The Palm Desert Family Housing Project (“Project”) will be developed by Sinatra Family Housing, LP, an affiliate of Affirmed Housing, and is proposed to be financed through a combination of 4% Low-Income Housing Tax Credits (“LIHTC”) and the issuance of tax-exempt revenue bonds through the California Municipal Finance Authority (CMFA), 533
City of Palm Desert
TEFRA Hearing

a financing structure commonly used for large-scale affordable housing developments. The Project site is located at the northwest corner of Cook Street and Frank Sinatra Drive (APN 694-200-021) and was previously approved pursuant to Senate Bill 35, with approval of a Density Bonus Agreement and one development standard waiver at the November 13, 2025, meeting.

The proposed Project will provide affordable multifamily housing for households earning between 30% and 70% of the Area Median Income (AMI) for Riverside County. The development will consist of 298 units in total, including 295 income-restricted units and 3 manager units, as follows:

Unit Type Units
Studios 7
One-Bedroom 113
Two-Bedroom 101
Three-Bedroom 58
Four-Bedroom 16
Manager Units 3
Total 298
The affordability distribution across the 298 units is as follows:

Federal Requirements
To qualify as tax-exempt bonds under federal law, the issuance must comply with the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA). As required by Section 147(f) of the Internal Revenue Code of 1986 and associated Treasury regulations, the City of Palm Desert must:

1. Conduct a public TEFRA hearing to allow community members to express their views about the use of tax-exempt bonds for this project.

2. Approve the issuance of the Bonds by adopting a resolution, as the project is within the City’s jurisdiction.

ANALYSIS:

The City’s involvement is limited to these procedural steps, with no financial or legal obligations for the Project or the repayment of the Bonds. By holding the required TEFRA public hearing and adopting the proposed resolution, the City satisfies the federal requirement that the jurisdiction where the project is located approves the issuance of tax-exempt private activity bonds.

The Bonds will be issued solely by CMFA, and all repayment obligations rest with Sinatra Family Housing, LP. Orrick, Herrington & Sutcliffe LLP will serve as Bond Counsel for the transaction.

Affordable Housing
Unit Mix
Units
Extremely Low Income 77
Very Low Income 123
Low Income 95
Managers Units 3
Total 298
534
City of Palm Desert
TEFRA Hearing